TITLE 14. Natural Resources
Division 1. Fish and Game Commission--Department of Fish and Game

(Originally Printed 3-31-45)

Foreword
Statement of Purpose, Effect, and 
Application of Rules *

* Foreword supplied by Fish and Game Commission on October 10, 1957.
These rules and regulations may be used as guides in the exercise of discretion, where a discretion is vested. However, under no circumstances, and in no particular case shall they, or any of them, be construed as a limitation or restriction upon the exercise of any discretion, where such exists; nor shall they in any event be construed to deprive the commission of any exercise of powers, duties and jurisdiction conferred by law.
Except for rules or regulations adopted pursuant to provisions of Sections 200 to 221, inclusive, of the Fish and Game Code, the commission may suspend or modify these rules, in whole or in part, upon good cause shown or when in the discretion of the commission the particular facts or circumstances render such action appropriate in a given instance.
** Section 12000 of the Fish and Game Code provides that a violation of any provision of that code other than Sections 3009 and 12001 or any rule, regulation or order made or adopted under that code is a misdemeanor.
Section 12000 of Division 9, Chapter 1 of the Fish and Game Code provides that a violation of any provision of the rules and regulations found herein in this Title 14 is a misdemeanor. (Stats. of 1961, Ch. 1815.) 

**Amendment to foreword supplied by Fish and Game Commission on May 15, 1980.
Subdivision 1. Fish, Amphibians and Reptiles

Foreword
1-19-74
In Register 74, No. 3, major substantive changes have been made to former Sections 1.05 through 98.8 of Part 1, Division 1, Title 14, dealing with sport fishing regulations of the commission. Previous Chapters 1, 2, and 3 of Part 1, which constituted the aforementioned sections, have been repealed and replaced with Chapters 1 through 5. The former Chapter 4, concerning commercial fish, can now be found as Chapter 6. Former Chapter 5, concerning capture, transportation, possession and sale of live freshwater fish for bait for profit, can now be found as Chapter 7, and former Chapter 6, containing miscellaneous regulations, can now be found as Chapter 8.
The new sport fishing regulations cannot directly be compared with the previous regulations on a section-by-section basis. In the new format the regulations are broken into Chapter 1, General Provisions and Definitions; Chapter 2, Statewide Regulations for Fishing and Frogging in Inland Waters; Chapter 3, Inland Water Fishing; Chapter 4, Ocean Fishing; and Chapter 5, Reptiles and Amphibians.
The basic objective in the new sport fishing regulations format is to divide the state into eight sport fishing districts, each containing certain common characteristics for all waters within it. Consequently, one should now first determine the sport fishing district containing the water of interest, and look within that district's regulations for general seasons, bag limits and methods of take applicable to that district. Review should then be made of the special regulations contained in that district for any exceptions which may apply. Chapters 1 and 2 contain certain provisions, definitions and regulations for fishing and frogging in the inland waters which are applicable to all districts other than the Ocean and San Francisco Bay District. 
Chapter 1. General Provisions and Definitions
§1.04. Anadromous Waters.
Note     •     History

Anadromous waters are inland waters that are accessible to fish migrating from the ocean.
NOTE

Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 206 and 215, Fish and Game Code.
HISTORY

1. New section filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
§1.05. Angling.
Note     •     History

To take fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such manner that the fish voluntarily takes the bait or lure in its mouth.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 2, 15, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer of Chapter 1 ( §§1.05 through 1.95, not consecutive) and new Chapter 1 ( §§ 1.05 through 1.86, not consecutive) filed 1-16-74; designated effective 3-1-74 (Register 74, No. 3). For history of former sections, see Register 59, No. 5; 61, Nos. 2, 26; 64, Nos. 8, 25; 66, No. 45; 67, No. 7; 69, No. 51; 70, No. 52; 72, No. 52.
2. Amendment of NOTE filed 12-31-80; effective thirtieth day thereafter (Register 81, No. 1).
3. Repealer of Chapter 1 (Sections 1.05-1.99, not consecutive) and new Chapter 1 (Sections 1.05-1.86, not consecutive) filed 2-17-82; designated effective 3-1-82 (Register 82, No. 8). For prior history, see Registers 80, No. 2 and 74, No. 51.
4. Amendment filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6.)
§1.08. Artificial Fly.
Note     •     History

Any fly constructed by the method known as fly tying.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222, and 5516, Fish and Game Code.
HISTORY

1. Amendment filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
§1.11. Artificial Lure.
Note     •     History

An artificial lure is a man-made lure or fly designed to attract fish. This definition does not include scented or flavored artificial baits.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 5516, Fish and Game Code.
HISTORY

1. Amendment filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
2. Amendment filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
§1.14. Authorization for Taking Fish.
Note

Fish, amphibians, reptiles, mollusks and crustaceans may be taken only in the amounts, only during the open season and only with the gear authorized and shall not be taken otherwise.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 18, 45, 62, 86, 200-202, 203.1, 205-210, 215-222 and 5516, Fish and Game Code.
§1.17. Bag and Possession Limit.
History

No more than one daily bag limit of each kind of fish, amphibian, reptile, mollusk or crustacean named in these regulations may be taken or possessed by any one person unless otherwise authorized; regardless of whether they are fresh, frozen, or otherwise preserved. 

Exceptions: See Sections 7.00, 7.50(a), 27.60(c), 195, Title 14, CCR.
Note: Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 18, 45, 62, 86, 200, 202, 205 and 7120, Fish and Game Code.
HISTORY

1. Amendment filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
2. Amendment filed 5-21-86; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 86, No. 21).
3. Amendment filed 2-11-87; designated effective 3-1-87 (Register 87, No. 9).
4. Amendment filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
5. Amendment of section and Note filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9). 
6. Amendment filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
§1.18. Bay-Delta Sport Fishing Enhancement Stamp. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 240, 1050 and 7360, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 240, 713, 1050, 1055 and 7360, Fish and Game Code
HISTORY

1. New section filed 12-30-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-30-2003 order, including further amendment of section, transmitted to OAL 4-23-2004 and filed 6-1-2004 (Register 2004, No. 23).
3. Change without regulatory effect repealing section filed 1-13-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 3).
§1.19. Barbless Hook.
Note

A fish hook from which the barb or barbs have been removed or completely bent closed, or which is manufactured without barbs.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 48, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. 
§1.20. Black Bass.
Note

Includes largemouth, smallmouth, redeye and spotted bass.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 1740-1743, Fish and Game Code.
§1.23. Bow and Arrow Fishing Tackle.
Note

Such tackle must have the arrow shaft or the point, or both, attached by a line to the bow or to a fishing reel (includes crossbow).
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§1.24. Bullfrog.
Note     •     History

Includes only Rana catesbeiana. See Chapter 5 for amphibian regulations.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§1.26. Bullhead.
Note

Includes brown, black and yellow bullhead.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§1.29. Catfish.
Note

Includes channel, white, blue and flathead catfish.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 1725-1728, Fish and Game Code.
§1.32. Chumming.
Note

Placing any material in the water, other than on a hook while angling, for the purpose of attracting fish to a particular area in order that they may be taken.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 1725-1728, Fish and Game Code.
§1.35. Closed or Closure.
Note

Refers to waters or areas closed to all fishing unless otherwise authorized.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 29, 62, 200-202, 203.1, 205-210, 215-222 and 1725-1728, Fish and Game Code.
§1.38. Closed Season.
Note

That period during which the taking of fish, amphibians, reptiles, mollusks or crustaceans is prohibited.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 11, 29, 35, 86, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§1.39. Coastal Pelagic Species.
Note     •     History

Coastal pelagic species means any of the following: northern anchovy (Engraulis mordax), Pacific sardine (Sardinops sagax), Pacific mackerel (Scomber japonicus), jack mackerel (Trachurus symmetricus), and market squid (Loligo opalescens). 
NOTE

Authority: Section 205, Fish and Game Code. Reference: Sections 200, 202 and 215, Fish and Game Code. 
HISTORY

1. New section filed 4-15-2003; operative 4-15-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 16). 
§1.41. Dates.
Note

Dates of seasons and closures are inclusive.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 11, 29, 35, 62, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. 
§1.42. Dip Net.
Note

Webbing supported by a frame, and hand held, not more than six feet in greatest dimension, excluding handle.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 56, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§1.44. Dividing Line Between Lake and Stream.
Note

The mouth of the stream at the existing level of the lake surface. Stream regulations apply to parts of streams in the exposed beds of partially empty lakes.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§1.46. Finfish Defined.
Note     •     History

Finfish are defined as any species of bony fish or cartilaginous fish (sharks, skates and rays). Finfish do not include amphibians, invertebrates, plants or algae.
NOTE

Authority cited: Sections 200 and 202, Fish and Game Code. Reference: Sections 200 and 202, Fish and Game Code.
HISTORY

1. New section filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
§1.47. Fishing Closures (Special), Seasons and Bag and Size Limits.
Note

The District Special Regulations are exceptions to the open seasons and bag limits specified in the Species Regulations. Where more than one area is fished, the number of fish in possession shall not exceed the limit specified in the Species Regulations. Open seasons and closures on streams listed in the District Special Regulations do not include tributaries of such streams unless so specified.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 18, 86, 200-202, 203.1, 205-210, 215-222 and 310, Fish and Game Code.
§1.48. Gill Net.
Note     •     History

A single wall of webbing, bound at the top by a float line and at the bottom by a weighted line and used for entangling fish.
NOTE

Authority cited: Section 8682, Fish and Game Code. Reference: Sections 8680-8682 and 8700, Fish and Game Code.
HISTORY

1. New section filed 7-1-83; effective thirtieth day thereafter (Register 83, No. 27).
§1.49. Highly Migratory Species.
Note     •     History

Highly migratory species means any of the following: albacore, bluefin, bigeye, and yellowfin tuna (Thunnus spp.); skipjack tuna (Katsuwonus pelamis); dorado (dolphinfish) (Coryphaena hippurus); striped marlin (Tetrapturus audax); thresher sharks (common, pelagic, and bigeye) (Alopias spp); shortfin mako shark (Isurus oxyrinchus); blue shark (Prionace glauca); and Pacific swordfish (Xiphias gladius). 
NOTE

Authority: Section 205, Fish and Game Code. Reference: Sections 200, 202 and 215, Fish and Game Code. 
HISTORY

1. New section filed 4-15-2003; operative 4-15-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 16). 
§1.51. Hoopa Indian Salmon Possession Limit. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219, 220 and 7708, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222, 7155, 7700, 7702, 7703, 7706, 7708 and 12300, Fish and Game Code.
HISTORY

1. Amendment filed 8-24-82 as an emergency; effective upon filing (Register 82, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-22-82.
2. Certificate of Compliance transmitted to OAL 12-13-82 and filed 1-20-83 (Register 83, No. 4).
3. Renumbering of Section 1.51 to Section 5.86 filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
§1.52. Marking Requirements for Salmon Taken by Other Than Commercial Means. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 7708, Fish and Game Code. Reference: Sections 7700, 7702, 7703, 7706 and 7708, Fish and Game Code.
HISTORY

1. Amendment filed 8-24-82 as an emergency; effective upon filing (Register 82, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-22-82.
2. Certificate of Compliance transmitted to OAL 12-13-82 and filed 1-20-83 (Register 83, No. 4).
3. Renumbering of Section 1.52 to Section 5.87 filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
§1.53. Inland Waters.
Note     •     History

Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude the waters of San Francisco and San Pablo bays downstream from Carquinez Bridge, the tidal portions of rivers and streams flowing into San Francisco and San Pablo Bays, and the waters of Elkhorn Slough, west of Elkhorn Road between Castroville and Watsonville. Also see Section 27.00.
NOTE

Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code.
HISTORY

1. Amendment of section and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
§1.54. Inland Sport Fishing Districts.
Note     •     History

Inland Sport Fishing Districts are defined in Sections 6.31 to 6.37 of these regulations.
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code.
HISTORY

1. New section filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§1.56. Lake.
Note

Includes natural lakes or man-made reservoirs.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.  
§1.59. Limit.
Note     •     History

Refers to daily bag limit and possession limit per person, or boat limit authorized in Sections 27.60(c) and 195, Title 14, CCR.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 18, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9). 
2. Amendment filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
§1.60. Lure.
Note     •     History

A manufactured article or object equipped with one or more hooks designed to attract or catch fish.
NOTE

Authority cited: Sections 200, 202, 205, 210 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 209, 210, 215 and 220, Fish and Game Code.
HISTORY

1. New section filed 3-2-2006; operative 4-1-2006 (Register 2006, No. 9).
§1.61. Non-Buoyant Lure.
Note     •     History

Any lure that sinks in freshwater.
NOTE

Authority cited: Sections 200, 202, 205, 210 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 209, 210, 215 and 220, Fish and Game Code.
HISTORY

1. New section filed 3-2-2006; operative 4-1-2006 (Register 2006, No. 9).
§1.62. Minimum and Maximum Size.
Note     •     History

No fish, mollusks or crustaceans less than the legal minimum size or greater than the maximum legal size (total, fork or alternate) may be possessed, except as otherwise provided. Total length is the longest straight-line measurement from the tip of the head to the end of the longest lobe of the tail. Fork length is the straight-line distance from the tip of the head to the center of the tail fin. Tip of the head shall be the most anterior point on the fish with the mouth closed and the fish lying flat on its side. Alternate length is the straight-line distance from the base of the foremost spine of the first dorsal fin to the end of the longest lobe of the tail. Unless otherwise provided, all fish, mollusks or crustaceans less than the legal minimum size or greater than the maximum legal size must be returned immediately to the water from which they were taken.
NOTE

Authority cited: Sections 200, 202, 205, 219 and 220, Fish and Game Code. Reference: Sections 18, 200, 202, 205 and 220, Fish and Game Code.
HISTORY

1. Amendment filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
2. Amendment of section heading and section filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
§1.63. Movement of Live Fish.
Note     •     History

Except as provided in sections 4.00 through 4.30 and 230, live fin fish may not be transported alive from the water where taken.
NOTE

Authority cited: Sections 200, 202, 205, and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code.
HISTORY

1. New section filed 1-26-88; operative 3-1-88 (Register 88, No. 6).
2. Amendment filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
3. Amendment filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
4. Amendment filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
§1.65. Multiple Hook.
Note

A hook with two or more points.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 48, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§1.67. Native Reptiles and Amphibians.
Note     •     History

Native reptiles and amphibians are those subspecies, and species, including all color phases, of the classes Reptilia and Amphibia indigenous to California. This definition includes all specimens regardless of their origin even if they were produced in captivity.
NOTE

Authority cited: Sections 200, 202, 205, 220, 5061 and 6896, Fish and Game Code. Reference: Sections 200, 202, 205, 220, 5060, 5061, 6895 and 6896, Fish and Game Code.
HISTORY

1. New section filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
2. Amendment filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
§1.68. Open Season.
Note

That period of time during which the taking of fish, amphibians, reptiles, mollusks and crustaceans is authorized.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 11, 35, 48, 62, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§1.70. Opening Date and Bag Limit for Boundary Waters.
Note     •     History

Waters, exclusive of their tributaries, on the boundary between areas or districts with different opening dates or limits shall open on the earlier date and have the larger limit unless otherwise specified.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 11, 35, 48, 62, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Renumbering of former section 1.71 to new section 1.70 filed 4-7-2005; operative 5-7-2005 (Register 2005, No. 14).
§1.71. Sacramento-San Joaquin River Delta.
Note     •     History

The Sacramento-San Joaquin River Delta includes all rivers, sloughs, canals, cuts, forebays, and flooded islands within the area south of Interstate 80 to its junction with Highway 50, and south of Highway 50 via the Pioneer Bridge to its junction with Highway 99, west of Highway 99, north of Interstate 580, 205, and Highway 120, and east of Interstate 680.
NOTE

Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code.
HISTORY

1. Renumbering of former section 1.71 to section 1.70 and new section 1.71 filed 4-7-2005; operative 5-7-2005 (Register 2005, No. 14).
2. Amendment filed 3-2-2006; operative 4-1-2006 (Register 2006, No. 9).
§1.72. Stream (Includes Creeks and Rivers).
Note     •     History

A stream is a body of water that flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation.
NOTE

Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200-202 and 205-210, Fish and Game Code.
HISTORY

1. New Section filed 2-11-87; designated effective 3-1-87 (Register 87, No. 9). For history of former Section 1.72, see Register 86, No. 6).
§1.73. Salmon.
Note     •     History

Includes chinook, coho, pink, chum and sockeye salmon.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Renumbering of former Section 1.74 to Section 1.73 filed 5-21-86; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 86, No. 21). 
§1.74. Sport Fishing Report Card and Tagging Requirements.
Note     •     History

(a) Purpose. These regulations address potential concern for overfishing and a lack of recreational fishing effort and catch information in some or all areas where the fishery operates. Many of these species are of high commercial value, and therefore, additional enforcement mechanisms are needed to improve compliance with existing bag limits and other regulations, and to reduce the potential for poaching. 
(b) Species and Location Requirements. Individuals fishing for or taking the following species are subject to report card requirements in the following locations described below: 
(1) Salmon, in the Klamath-Trinity River System and Smith River only. The Klamath-Trinity River System and Smith River are defined as the anadromous waters of the Klamath, Trinity, and Smith river basins. Anadromous waters are defined in Section 1.04. 
(2) Steelhead trout, in all anadromous waters where take is authorized. 
(3) White sturgeon, in all areas where take is authorized. Tagging of retained individual sturgeon is also required. 
(4) Red abalone, in all areas where take is authorized. Tagging of retained individual abalone is also required 
(5) California spiny lobster, in all areas where take is authorized. 
(c) General Report Card Requirements. 
(1) Any person fishing for or taking any of the species identified in this Section shall have in their possession a non-transferable report card issued by the department for the particular species. See special exemption regarding possession of report cards for lobster divers in Section 29.91. 
(2) Notwithstanding other statutes and regulations that may exempt sport fishing license requirements, non-transferable report cards are required for any person fishing for or taking the species identified above. All cardholders shall adhere to all reporting and tagging requirements defined in this Section and Sections 5.79, 5.87, 5.88, 27.92, 29.16, and 29.91 regardless of whether a sport fishing license requirement applies. This provision applies to all of the following persons: 
(A) Any person who is under 16 years of age
(B) Any person who is fishing from a public pier
(C) Any person who is fishing on free fishing days 
(D) Any person who holds a lifetime fishing license 
(3) Persons described in subsections 1.74(c)(2) may purchase report cards without purchasing a license. 
(4) All entries made on any report card or tag must be legible and in indelible ink. 
(5) Entries Required at the Time of Report Card Issuance. At the time of issuance of the report card, the cardholder is responsible for entry of the following information, unless both the report card and the sport fishing license are issued through the Automated License Data System: 
(A) The date the report card is issued, the individual's name, street address, city, state, zip code, home phone, and date of birth shall be entered in the appropriate spaces on the report card. If the cardholder has a driver's license, or DMV identification number, this information shall also be entered in the appropriate spaces. If the cardholder has an e-mail address, it may be entered in the space provided. 
(B) Acquisition of Sturgeon Fishing Report Cards and Abalone Report Cards -- If the cardholder is required to have a sport fishing license, the report card number shall be entered in the designated space provided on the back of the individual's sport fishing license, and the sport fishing license number shall be entered on the report card in the appropriate space. 
(C) Acquisition of North Coast Salmon Report Cards, Steelhead Report and Restoration Cards and Spiny Lobster Report Cards -- If the cardholder is required to have a sport fishing license, both the name of the report card and the number shall be entered in the blank area on the back of the individual's sport fishing license, and the sport fishing license number shall be entered on the report card in the appropriate space. 
(D) If the cardholder wishes to purchase another fishing license after their one, two, or ten-day sport fishing license has expired the cardholder need not purchase a second report card for any species, so long as the cardholder still possesses the report card valid for the calendar year. At the time of purchase of the subsequent license, the additional sport fishing license number shall be entered in the appropriate space on the report card. If there is a space provided for the particular card on the sport fishing license, the number shall be entered in the appropriate space at the time of purchase. If there is no space provided for the card, both the name of the report card and the number shall be entered on the back of the individual's sport fishing license. 
(6) A report card shall be valid only during the open fishing season for the calendar year shown on the report card. 
(7) Cardholders shall return their card by January 31 of the following year to the department at the address specified on the card. 
(8) Any person who fails to return his or her report card to the Department by the deadline may be restricted from obtaining the same card in a subsequent license year or may be subject to an additional fee for the issuance of the same card in a subsequent license year. 
(9) For abalone and sturgeon report cards, only one report card may be issued per person per license year. 
(10) Report cards may not be transferred to another person and no person may possess any report card other than their own. 
(d) Replacement Procedures for Lost Abalone or Sturgeon Report Cards. For species for which an individual may purchase only one report card per year (i.e., abalone and sturgeon), if the cardholder loses the card, a replacement card shall be acquired only by following the procedures below: 
(1) The individual shall provide all of the following to a department license sales office: 
(A) A photocopy of the original report card issued in the cardholder's name, unless the report card was issued through the Automated License Data System. 
(B) An affidavit, signed under penalty of perjury, containing the following information: 
1. A statement confirming that the originally issued report card cannot be recovered. 
2. A statement of the cardholder's best recollection of the prior catch records that were entered on the report card that was lost, including the number of tags utilized. 
3. A statement describing the factual circumstances surrounding the loss of the card. 
(C) Proof of purchase of the original report card, in the form of an itemized receipt, credit card billing statement, invoice, or other written business record expressly documenting that a report card for the particular species was purchased and the corresponding fee was paid. The cardholder is exempt from this requirement if the report card was issued through the Automated License Data System.
(D) Payment of the Replacement Card Fee specified in Section 701(f), 701(g) or 701(h) Title 14, CCR, established pursuant to subdivision 1053(b) of the Fish and Game Code, and as adjusted pursuant to Sections 713 and 1055 of the Fish and Game Code. 
(E) Payment of the Replacement Processing Fee specified in Section 701(i) or 701(j), Title 14, CCR, established pursuant to subdivision 1050(e) of the Fish and Game Code. 
(2) Based on the information provided in the written affidavit, the department shall issue only the number of tags that were reported unused on the previously issued report card. 
(3) At the time the replacement card is acquired, if the cardholder is required to have a sport fishing license, the number of the replacement card shall be entered in the appropriate space on the sport fishing license and the fishing license number shall be entered in the space provided on the report card. 
(4) All regulations applicable to the initial card also apply to additional cards issued pursuant to this subsection. 
(e) Replacement Procedures for Salmon, Steelhead, or Lobster Report Cards. 
(1) Any cardholder who fills in all available lines on his or her steelhead, salmon or lobster report card shall return the card to the department at the address specified on the card prior to purchasing a second card. 
(2) Any cardholder who loses his or her steelhead, salmon or lobster report card may purchase a second card, but at or before the time of purchase shall provide a written affidavit to the department at the address on the report card documenting the lost catch and effort data required by the card to the best of the cardholder's recollection. 
(3) At the time the additional card is acquired, if the cardholder is required to have a sport fishing license, both the name of the report card and the number shall be entered on the back of the individual's sport fishing license, and the fishing license number shall be entered in the space provided on the report card. 
(4) All regulations applicable to the initial card also apply to additional cards issued pursuant to this subsection. 
(f) Specific Report Card and Tagging Requirements. Data recording and tagging procedures vary between report cards and species. See specific regulations in Sections 5.79, 5.87, 5.88, 27.92, 29.16, and 29.91 that apply in addition to the regulations of this Section. 
NOTE

Authority cited: Sections 200, 202, 205, 240, 1050, 1053, 1055, 1055.1 and 7380,  Fish and Game Code. Reference: Sections 200, 202, 205, 206, 240, 713, 1050,  1053, 1055, 1055.1, 7149.8, 7380, 7381 and 7382, Fish and Game Code.
HISTORY

1. Renumbering of former section 1.74 to section 1.73 and new section 1.74 filed 5-21-86; effective upon filing pursuant to Government Code section 11346.2(d) (Register 86, No. 21).
2. Amendment filed 6-1-87; operative 6-1-87 (Register 87, No. 24). 
3. Amendment of section heading, newly designated subsection (a) and Note and new subsection (b) filed 12-22-92; operative 12-22-92 pursuant to sections 202 and 215, Fish and Game Code (Register 92, No. 52).
4. Amendment of subsection (a) filed 12-27-96; operative 12-27-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 52).
5. Amendment of subsection (b) and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
6. Amendment of subsection (a) filed 8-5-99; operative 8-5-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 32). 
7. Amendment of subsection (b) and amendment of Note filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).
8. Change without regulatory effect amending section heading and subsection (b) filed 9-22-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 39).
9. Amendment filed 8-4-2006; operative 8-4-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
10. Amendment of subsection (a) and amendment of Note filed 12-14-2007; operative 1-13-2008 (Register 2007, No. 50).
11. Amendment of section heading, repealer and new section and amendment of Note filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
12. Amendment of subsections (b)(1), (c)(5)(C) and (d)(1) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§1.75. Salmon Spawning Areas.
Note

No salmon may be taken or possessed on any salmon spawning area when it is closed to salmon fishing.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219, 220 and 310, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 310, Fish and Game Code.
§1.76. Spearfishing.
Note

The taking of fish by spear or hand by persons who are in the water and may be using underwater goggles, face plates, breathing tubes, SCUBA or other artificial underwater breathing device.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§1.77. Sunfish.
Note

Includes bluegill, green sunfish, redear sunfish, pumpkinseed, warmouth, yellow perch and Sacramento perch.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§1.80. Take.
Note     •     History

Hunt, pursue, catch, capture or kill fish, amphibians, reptiles, mollusks, crustaceans or invertebrates or attempting to do so.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 86, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
§1.84. Titles and Section Numbers.
Note     •     History

All titles and headings used in these regulations are a part thereof. All section numbers cited refer to these regulations unless otherwise specified.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 2, 5, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Renumbering of former Section 1.85 to Section 1.84 filed 7-1-83; effective thirtieth day thereafter (Register 83, No. 27). 
§1.85. Trammel Net.
Note     •     History

Two or more walls of webbing, bound at the top by a float line and at the bottom by a weighted line and used for entangling fish.
NOTE

Authority cited: Sections 8682, Fish and Game Code. Reference: Sections 8680-8682, 8700 and 8720, Fish and Game Code.
HISTORY

1. Renumbering of former Section 1.85 to Section 1.84, and new Section 1.85 filed 7-1-83; effective thirtieth day thereafter (Register 83, No. 27). 
§1.86. Trout.
Note

Includes all trouts, chars, steelhead, kokanee salmon and grayling.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 1725-1728, Fish and Game Code. 
§1.87. Waste of Fish.
Note     •     History

It is unlawful to cause or permit any deterioration or waste of any fish taken in the waters of this state.
NOTE

Authority cited: Section 5510, Fish and Game Code. Reference: Sections 5510, 7700, 7701, 7704 and 7705, Fish and Game Code.
HISTORY

1. New section filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6). 
§1.88. Public Pier.
Note     •     History

A public pier is a publicly owned manmade structure that has the following characteristics: is connected, above the mean high tide, to the main coastline or to the landmass of a named and charted natural island; has unrestricted free access for the general public; and has been built or currently functions for the primary purpose of allowing angling access to ocean waters.
Additionally, publicly owned jetties or breakwaters that are connected to land, as described above, that have free unrestricted access for the general public and whose purpose it is to form the most seaward protective boundary of an ocean harbor are public piers. Jetties, breakwaters, promenades, sea walls, moles, docks, linings, barriers and other structures that are not the most seaward protective boundary of an ocean harbor, are not public piers.
NOTE

Authority cited: Section 200, Fish and Game Code. Reference: Section 7153, Fish and Game Code.
HISTORY

1. New section filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
§1.90. Nearshore Fish Stocks, Nearshore Fisheries, Nearshore Waters, and Shallow Nearshore Rockfish Defined.
Note     •     History

(a) Under the authority of Section 8587.1 of the Fish and Game Code, Section 8586 of the Fish and Game Code is made inoperative. 
(b) “Nearshore fish stocks” means any of the following: 
(1) black rockfish (Sebastes melanops), 
(2) black-and-yellow rockfish (Sebastes chrysomelas), 
(3) blue rockfish (Sebastes mystinus), 
(4) brown rockfish (Sebastes auriculatus), 
(5) cabezon (Scorpaenichthys marmoratus), 
(6) calico rockfish (Sebastes dallii), 
(7) California scorpionfish (sculpin) (Scorpaena guttata), 
(8) California sheephead (Semicossyphus pulcher), 
(9) China rockfish (Sebastes nebulosus), 
(10) copper rockfish (Sebastes caurinus), 
(11) gopher rockfish (Sebastes carnatus), 
(12) grass rockfish (Sebastes rastrelliger), 
(13) greenlings of the genus Hexagrammos, 
(14) kelp rockfish (Sebastes atrovirens), 
(15) monkeyface eel (Cebidichthys violaceus), 
(16) olive rockfish (Sebastes serranoides), 
(17) quillback rockfish (Sebastes maliger), and 
(18) treefish (Sebastes serriceps), 
(c) “Nearshore fisheries” means the commercial or recreational taking, possession, or landing of any species of nearshore fish stocks. 
(d) “Nearshore waters” means ocean waters including around offshore rocks and islands extending from the shore to a depth of 20 fathoms. 
(e) “Shallow nearshore rockfish” means a subgroup of rockfishes (genus Sebastes) including only black-and-yellow rockfish, China rockfish, gopher rockfish, grass rockfish, and kelp rockfish.
NOTE

Authority cited: Sections 7071 and 8587.1, Fish and Game Code. Reference: Sections 8585.5 and 8586, Fish and Game Code. 
HISTORY

1. New section filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
2. Amendment of section heading and new subsection (e) filed 1-3-2003; operative 1-3-2003 pursuant to Fish and Game Code sections 202 and 215 (Register 2003, No. 1). 
§1.91. Federal Groundfish and Rockfish, Cabezon and Greenling (RCG) Complex.
Note     •     History

(a) The species or species groups listed in subsections 1.91(a)(1) through 1.91(a)(12) constitute “federal groundfish” and are managed under the Federal Pacific Coast Groundfish Fishery Management Plan: 
(1) “Nearshore Rockfish,” which means the following species of rockfish: black rockfish (Sebastes melanops), black and yellow rockfish (S. chrysomelas), blue rockfish (S. mystinus), brown rockfish (S. auriculatus), calico rockfish (S. dalli), China rockfish (S. nebulosus), copper rockfish (S. caurinus), gopher rockfish (S. carnatus), grass rockfish (S. rastrelliger), kelp rockfish (S. atrovirens), olive rockfish (S. serranoides), quillback rockfish (S. maliger), treefish (S. serriceps) 
(2) “California Scorpionfish” (Scorpaena guttata) 
(3) “Shelf Rockfish” which means the following species of rockfish: bocaccio (Sebastes paucispinis), bronzespotted rockfish (S. gilli), canary rockfish (S. pinniger), chilipepper (S. goodei), cowcod (S. levis), dusky rockfish (S. ciliatus), flag rockfish (S. rubrivinctus), greenblotched rockfish (S. rosenblatti), greenspotted rockfish (S. chlorostictus), greenstriped rockfish (S. elongates), harlequin rockfish (S. variegates), honeycomb rockfish (S. umbrosus), Mexican rockfish (S. macdonaldi), pink rockfish (S. eos), redstripe rockfish (S. proriger), rosethorn rockfish (S. helvomaculatus), rosy rockfish (S. rosaceus), shortbelly rockfish (S. jordani), silvergray rockfish (S. brevispinis), speckled rockfish (S. ovalis), squarespot rockfish (S. hopkinsi), starry rockfish (S. constellatus), stripetail rockfish (S. saxicola), tiger rockfish (S. nigrocinctus), vermilion rockfish (S. miniatus), widow rockfish (S. entomelas), yelloweye rockfish (S. ruberrimus), yellowtail rockfish (S. flavidus) 
(4) “Slope Rockfish” which means the following species of rockfish: aurora rockfish (Sebastes aurora), bank rockfish (S. rufus), blackgill rockfish (S. melanostomus), darkblotched rockfish (S. crameri), Pacific ocean perch (S. alutus), redbanded rockfish (S. babcocki), rougheye rockfish (S. aleutianus), sharpchin rockfish (S. zacentrus), shortraker rockfish (S. borealis), splitnose rockfish (S. diploproa), yellowmouth rockfish (S. reedi) 
(5) “Sharks”, including only leopard shark (Triakis semifasciata), soupfin shark (Galeorhinus zyopterus), and spiny dogfish (Squalus acanthias) 
(6) “Skates”, including only big skate (Raja binoculata), California skate (R. inornata), and longnose skate (R. rhina) 
(7) “Roundfish”, including only cabezon (Scorpaenichthys marmoratus), kelp greenling (Hexagrammos decagrammus), lingcod (Ophiodon elongates), Pacific cod (Gadus macrocephalus), Pacific whiting (Merluccius productus), and sablefish (Anoplopoma fimbria) 
(8) “Thornyheads”, which means longspine thornyhead (Sebastolobus altivelis), and shortspine thornyhead (Sebastolobus alascanus) 
(9) “Federally Managed Flatfish”, including only arrowtooth flounder (arrowtooth turbot) (Atheresthes stomias), Dover sole (Microstomus pacificus), English sole (Parophrys vetulus), petrale sole (Eopsetta jordani), and starry flounder (Platichthys stellatus). 
(10) “Other Flatfish”, including only butter sole (Isopsetta isolepis), curlfin sole (Pleuronichthys decurrens), flathead sole (Hippoglossoides elassodon), Pacific sanddab (Citharichthys sordidus), rex sole (Glyptocephalus zachirus), rock sole (Lepidopsetta bilineata), and sand sole (Psettichthys melanostictus). 
(11) “Other fish”, including only ratfish (Hydrolagus colliei), finescale codling (Antimora microlepis), and Pacific rattail (Coryphaenoides acrolepis) 
(12) All genera and species of the family Scorpaenidae that occur off California and not specifically listed in (a)(1) through (a)(4) or (a)(8) above are included in the list of species. 
(b) “RCG Complex” means all species of rockfish (Sebastes), cabezon (Scorpaenichthys marmoratus), and kelp and rock greenlings (genus Hexagrammos).
NOTE

Authority cited: Sections 200, 202, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 7071 and 8586, Fish and Game Code.
HISTORY

1. New section filed 1-3-2003; operative 1-3-2003 pursuant to Fish and Game Code sections 202 and 215 (Register 2003, No. 1). 
2. Amendment of section heading, section and Note filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
3. Amendment of subsections (a)(9) and (a)(10) filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3). 
§1.92. Transgenic.
Note     •     History

Genetically altered by introducing DNA (1) from another species or (2) through engineered endogenous constructs by means such as but not limited to recombinant DNA and RNA techniques to produce, gene addition, deletion, and doubling, or changing the position of the gene. This definition excludes DNA vaccines, individuals produced by the techniques of whole genome ploidy manipulation, and hybridization between closely related species, as in traditional hybridization.
NOTE

Authority cited: Sections 200, 202, 205, 210 and 220. Reference: Sections 200-202, 205, 206, 210 and 220.
HISTORY

1. New section filed 4-14-2003; operative 5-14-2003 (Register 2003, No. 16).
§1.93. Weight.
Note     •     History

Any object directly or indirectly attached to a fishing line with the purpose of casting or sinking a lure or bait.
NOTE

Authority cited: Sections 200, 202, 205, 210 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 209, 210, 215 and 220, Fish and Game Code.
HISTORY

1. New section filed 3-2-2006; operative 4-1-2006 (Register 2006, No. 9).
Chapter 2. Statewide Regulations for Fishing and Frogging in Inland Waters
Article 1. Fishing Methods and Gear Restrictions
§2.00. Fishing Methods--General.
Note     •     History

(a) Except as otherwise authorized, all fish may be taken only by angling with one closely attended rod and line or one hand line with not more than three hooks nor more than three artificial lures (each lure may have three hooks attached) attached thereto. Anglers in possession of a valid two-rod stamp and anglers under 16 years of age may use up to two rods in inland waters which regulations provide for the taking of fish by angling, except those waters in which only artificial lures or barbless hooks may be used. See District Trout, Salmon and Special regulations for exceptions.
(b) Snagging is prohibited. Snagging is defined as impaling or attempting to impale a fish in any part of its body other than the mouth by use of a hook, hooks, gaff, or other mechanical implement. This definition does not include activities otherwise authorized under these regulations for the lawful use of a gaff, bow and arrow, or spear.
(c) It is unlawful to kill, or retain in possession any fish which has not voluntarily taken the bait or artificial lure in its mouth. Any fish not taken pursuant to these regulations, shall be released immediately back into the water.
NOTE

Authority cited: Sections 200, 202, 205, 219, 220 and 7149.4, Fish and Game Code. Reference: Sections 200, 202, 206, 220 and 7149.4, Fish and Game Code.
HISTORY

1. Repealer of chapter 2 ( §§ 2 through 34.95, not consecutive) and new chapter 2 (§§ 2.00 through 2.85, not consecutive) filed 1-16-74; designated effective 3-1-74 (Register 74, No. 3). For history of former sections, see Register 60, Nos. 1, 3; 61, Nos. 2, 26; 62, No. 5; 63, No. 1; 64, No. 25; 66, Nos. 1, 45; 67, Nos. 36, 51; 68, Nos. 25, 38, 48; 69, Nos. 8, 31, 51; 70, Nos. 25, 52; 71, No. 15; 72, Nos. 1, 5, 51, 52.
2. Repealer of chapter 2 (sections 2.00-2.90, not consecutive), renumbering of section 3.90 to section 781.5 and new chapter 2 (articles 1-4, sections 2.05-5.95, (not consecutive) filed 2-17-82; designated effective 3-1-82 (Register 82, No. 8). For prior history, see Registers 75, No. 52 and 74, No. 51. 
3. Renumbering and amendment of former section 2.05 to section 2.00 filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
4. Amendment filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
5. Amendment filed 12-27-96; operative 12-27-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 52).
6. Change without regulatory effect amending section filed 12-20-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 51).
7. Amendment designating existing section as subsection (a) and adopting new subsections (b) and (c) filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
8. Change without regulatory effect amending subsection (a) and Note filed 12-26-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 52).
9. Amendment of subsection (a) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§2.01. Limits on Weights and Hook Spacing. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200 and 206, Fish and Game Code.
HISTORY

1. New section filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
2. Repealer filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§2.02. Fishing Methods--North Coast District. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code. 
HISTORY

1. New section filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
2. Amendment of subsection (a) filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
3. Amendment of subsection (a) filed 8-11-98; operative 8-11-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 33).
4. Amendment of subsection (a) filed 4-30-2001; operative 5-1-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 18).
5. Repealer filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§2.03. Special Upper Sacramento River Gear Restrictions. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code.
HISTORY

1. New section filed 6-25-92 as an emergency; operative 6-25-92 (Register 92, No. 26). A Certificate of Compliance must be transmitted to OAL 10-23-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-22-92 as an emergency; operative 10-22-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-19-93 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1 (Register 93, No. 20).
4. New section filed 5-12-93; operative 5-12-93 pursuant to Fish and Game Code section 202 (Register 93, No. 20).
5. Repealer filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§2.04. Fishing Methods--Special Provisions. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code. 
HISTORY

1. New section filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
2. Amendment of first paragraph and subsection (e) filed 7-13-93; operative 8-12-93 (Register 93, No. 29).
3. Amendment of subsections (b), (c), and (e)-(g) filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
4. Repealer filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§2.05. Fishing Methods--General. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer of chapter 2 ( §§ 2 through 34.95, not consecutive) and new chapter 2 (§§ 2.00 through 2.85, not consecutive) filed 1-16-74; designated effective 3-1-74 (Register 74, No. 3). For history of former sections, see Register 60, Nos. 1, 3; 61, Nos. 2, 26; 62, No. 5; 63, No. 1; 64, No. 25; 66, Nos. 1, 45; 67, Nos. 36, 51; 68, Nos. 25, 38, 48; 69, Nos. 8, 31, 51; 70, Nos. 25, 52; 71, No. 15; 72, Nos. 1, 5, 51, 52.
2. Repealer of chapter 2 (sections 2.00-2.90, not consecutive), renumbering of section 3.90 to section 781.5 and new chapter 2 (articles 1-4, sections 2.05-5.95, (not consecutive) filed 2-17-82; designated effective 3-1-82 (Register 82, No. 8). For prior history, see Registers 75, No. 52 and 74, No. 51. 
3. Renumbering and amendment of former section 2.05 to section 2.00 filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
4. Amendment of Note filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
§2.06. Use of Gaffs.
Note     •     History

No person shall possess or use a gaff in inland waters, except that a gaff three feet or less in length may be used to land legal-sized fish only by anglers fishing from a boat in the Sacramento River main stem below Deschutes Road Bridge.
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 5507, Fish and Game Code. 
HISTORY

1. New section filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
2. Repealer and new section filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§2.07. Underwater Viewing Devices. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code. 
HISTORY

1. New section filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
2. Repealer filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§2.08. Special Fishing Methods and Bag Limits--Barrett and Upper Otay Lakes, San Diego County.
Note     •     History

The following fishing methods restrictions and bag limits apply to Barrett Lake and Upper Otay Lake:
(a) Only artificial lures with barbless hooks may be used.
(b) The bag limit for all species is zero.
NOTE

Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code. 
HISTORY

1. New section filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
2. Repealer and new section filed 12-12-94; operative 12-12-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 50).
3. Amendment of section heading, new first paragraph, and amendment of subsections (c) and (c)(3) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
4. Amendment of section heading, repealer of subsections (a) and (c)-(c)(3), new subsection (b), subsection relettering, amendment of newly designated subsection (a) and amendment of Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
§2.09. Possession of Illegal Gear.
Note     •     History

Except as otherwise provided, no person shall use or possess, except in his or her home, any landing gear, any nets, except standard landing-type dip nets not exceeding 36 inches in greatest dimension, excluding handle, gaffs or spears within 100 yards of any canal, river, stream, lake or reservoir. Non-electronic underwater viewing devices may not be used for taking fish except under the provisions of Section 2.30.
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code. 
HISTORY

1. New section filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
2. Amendment filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9). 
3. Renumbering of former section 1.71 to section 1.70 and new section 1.71 filed 4-7-2005; operative 5-7-2005 (Register 2005, No. 14).
4. Amendment filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§2.10. Hook and Weight Restrictions.
Note     •     History

(a) Definition of Gap: For the purposes of this section, “gap” means the distance measured from the point of a hook to the shank.
(b) Maximum Gaps and Gear Rigging for Rivers and Streams unless otherwise provided (does not apply to lakes and reservoirs, the Sacramento-San Joaquin Delta (see Section 1.71 for definition of the Delta), and the Colorado River.
1. No person shall use any single hook with a gap greater than 1 inch or any multiple hook with a gap greater than 3/4 inch.
2. It is unlawful to use any hook which is directly or indirectly attached closer than 18 inches to any weight exceeding 1/2 ounce.
3. It is unlawful to use any multiple hook or more than one single hook on non-buoyant lures exceeding one ounce.
4. It is unlawful to use any weight directly attached below a hook.
(c) Maximum Gaps for the Sacramento-San Joaquin Delta (see Section 1.71 for definition of the Delta).
1. No person shall use any single hook with a gap greater than 1 inch or any multiple hook with a gap greater than 3/4 inch.
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205 and 220, Fish and Game Code.
HISTORY

1. Editorial correction of subsection (a)(4) filed 9-2-82 (Register 82, No. 36).
2. Amendment of subsection (a)(4)(B) filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
3. Amendment of subsection (a)(4)(A) filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
4. Amendment filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
5. Amendment of subsection (d) filed 2-11-87; designated effective 3-1-87 (Register 87, No. 9).
6. New subsection (g) filed 9-11-89 as an emergency; operative 9-11-89 (Register 89, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-9-90.
7. Subsection (g) repealed by operation of law on 1-9-90. New subsections (g)-(i) filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
8. Amendment of subsection (e) filed 1-17-91; operative 1-17-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 8).
9. Editorial correction of printing error in subsection (a) (Register 91, No. 31).
10. Repealer and new section filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
11. Amendment of subsection (a) filed 12-22-92; operative 12-22-92 pursuant to sections 202 and 215, Fish and Game Code (Register 92, No. 52).
12. Repealer and new section filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
13. Amendment of section heading and section filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9). 
14. Amendment filed 4-7-2005; operative 5-7-2005 (Register 2005, No. 14).
§2.11. Special Fishing Methods--Lake County.
Note     •     History

(a) In Clear Lake and its tributaries, hitch may be taken by hand or hand-held dip net.
(b) No barriers or weirs may be constructed to herd fish.
(c) All hitch are to be utilized and not left as waste.
(d) All fish taken by hand or net other than hitch must be immediately returned live to the water. No other fish may be possessed along with hitch as part of a mixed bag.
NOTE

Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
HISTORY

1. New section filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
§2.12. Special Fishing Methods--Shasta County.
Note     •     History

(a) In all waters of the Fall River Valley downstreams from Thousand Springs Road, in the Pit River from the confluence with the Fall River downstream to Lake Britton, and in Hat Creek from Hat No. 2 Powerhouse downstream to Lake Britton, western suckers may be taken by hand or hand-thrown spears only by enrolled members of the Pit River Tribe.
(b) Open Season: January 1 through April 15.
(c) No fish other than western suckers may be speared, and all fish other than western suckers captured by hand must be immediately returned live to the water.
(d) No other fish may be possessed along with western suckers as part of a mixed bag.
NOTE

Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202 and 205-210, Fish and Game Code.
HISTORY

1. New section filed 2-11-87; designated effective 3-1-87 (Register 87, No. 9).
§2.13. Special Net Restriction--Santa Clara and Santa Cruz Counties. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202 and 205, 206, 209 and 210, Fish and Game Code.
HISTORY

1. New section filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
2. Repealer filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§2.14. Special Fishing Methods--San Joaquin River. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 205, 206 and 215, Fish and Game Code.
HISTORY

1. New section filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
2. Repealer filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§2.15. Use of Lights.
Note

Lights may be used when fishing at night when and where such fishing is permitted. Lights may be used on or as part of any fishing tackle (this supersedes Section 2005 of the Fish and Game Code).
NOTE

Authority cited: Sections 200, 202, 205, 210, 219, 220 and 2005, Fish and Game Code. Reference: Sections 200-202, 203.1, 205, 210, 215-222 and 2005, Fish and Game Code.
§2.20. Fishing Beneath Ice.
Note     •     History

Fish may be taken beneath the ice during the open season for that water. 
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200 and 206, Fish and Game Code.
HISTORY

1. Amendment filed 1-17-91; operative 1-17-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 8).
§2.25. Bow and Arrow Fishing.
Note     •     History

Bow and arrow fishing is permitted only for the taking of carp, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pikeminnow and lamprey, all year, except in:
(a) Designated salmon spawning areas.
(b) The Colorado River District where only carp, tilapia, goldfish and mullet may be taken.
(c) See bullfrogs (Section 5.05).
(d) The East Fork Walker River between Bridgeport Dam and the Nevada State line where carp only may be taken during trout season.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 203.1, 206, 207, 210, 217.5, 217.6, 219 and 220, Fish and Game Code.
HISTORY

1. Amendment of subsection (d) and new subsection (e) filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
2. Amendment of subsection (b) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
3. Amendment of first paragraph, repealer of subsection (d), subsection relettering and amendment of Note filed 12-27-2007; operative 1-26-2008 (Register 2007, No. 52).
§2.30. Spearfishing.
Note     •     History

Spearfishing is permitted only in:
(a) The Colorado River District for carp, tilapia, goldfish and mullet, all year.
(b) The Valley District for carp, tilapia, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pikeminnow and lamprey, from May 1 through September 15, except that no spearfishing is permitted in:
(1) Shasta and Tehama counties (see Section 2.12).
(2) Butte Creek (Butte Co.).
(3) Feather River below Oroville Dam (Butte Co.).
(4) Designated salmon spawning areas.
(c) The Kern River from the Kern-Tulare county line upstream to the Johnsondale Bridge for carp, goldfish, western sucker, hardhead and Sacramento pikeminnow, from May 1 through September 15.
(d) See bullfrogs (Section 5.05).
NOTE

Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
HISTORY

1. Amendment of subsection (b)(1) filed 2-11-87; designated effective 3-1-87 (Register 87, No. 9).
2. New subsection (c) and amendment of newly designated subsection (d) filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
3. Amendment of subsections (a) and (b)(1) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
4. Amendment of subsections (b) and (c) filed 12-27-2007; operative 1-26-2008 (Register 2007, No. 52).
5. Amendment of subsection (a) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§2.35. Taking Fish near Dams, Fishways, Screens and Egg-Taking Stations.
Note

No fish may be taken within 250 feet of:
(a) Any fishway or any egg-taking station.
(b) Any dam or any weir or rack which has a fishway or an egg-taking station.
(c) The upstream side of any fish screen.
Fish may be taken upstream or downstream from any dam that does not have a fishway or egg-taking station (this supersedes Section 5502 of the Fish and Game Code).
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205, 210 and 215-222, and 5502, Fish and Game Code.
§2.40. Chumming.
Note     •     History

Chumming is permitted only in:
(a) The Colorado River District, but only the approved bait fishes for this District may be used as chum (see Section 4.15) except in the Salton Sea where corn may also be used.
(b) Carquinez Strait and Suisun Bay and their tributaries and saltwater tributaries.
(c) Sacramento River and tidewater of tributaries downstream from Interstate 80 bridge.
(d) San Joaquin River and tidewater of tributaries downstream from Interstate 5 bridge.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205, 210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
§2.45. Computer Assisted Remote Fishing.
Note     •     History

(a) It is unlawful to take or assist in the taking of any fish in or from this state, by computer-assisted remote fishing.
(b) It is unlawful to establish or operate a computer-assisted remote fishing site for the purpose of taking any fish from or within this state. 
(c) For the purposes of this section, “computer-assisted remote fishing” means the use of a computer or any other remotely controlled device, equipment, software, or technology, to remotely control the aiming or discharge of any weapon, including, but not limited to, any firearm, bow and arrow, spear, harpoon or any other weapon capable of killing or injuring any fish, for the purposes of taking any fish.
(d) For the purposes of this section, “computer-assisted remote fishing site” means any computer, internet site or web-based device or system, or other electronically operated site or system used to assist in the remote taking fish.
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202 and 205, Fish and Game Code. 
HISTORY

1. New section filed 11-1-2005; operative 12-1-2005 (Register 2005, No. 44).
Article 2. Fishing Hours
§3.00. Fishing Hours.
Note     •     History

(a) Day Defined: One hour before sunrise to one hour after sunset. Remaining hours are night.
(b) All fish may be taken day or night, except as follows:
(1) WATERS WITH RESTRICTED FISHING HOURS FOR ALL SPECIES:
(A) American River between Business 80 and Nimbus Dam (Sacramento Co.): Night fishing prohibited.
(B) Heenan Lake, (Alpine Co.): See section 7.50(b)(76)(A).
(C) Mono County: Night fishing is prohibited in all Mono County waters except Topaz Lake, where fishing is prohibited from two hours after sunset to one hour before sunrise.
(D) Tahoe Lake (Placer and El Dorado Cos.): Fishing is prohibited from two hours after sunset to one hour before sunrise.
(2) WATERS WHERE NIGHT AND DAY FISHING IS ALLOWED, BUT NO TROUT OR SALMON MAY BE TAKEN AT NIGHT:
(A) North Coast District
(B) North Central District, all waters except no fishing hour restrictions at Berryessa Lake (Napa Co.) and Mendocino Lake (Mendocino Co.)
(C) South Central District, all waters except no fishing hour restrictions at Coyote Lake (Santa Clara Co.)
(D) Valley District, north of Interstate 80, all waters except no fishing hour restrictions at Camp Far West Lake (Nevada, Placer, and Yuba cos.), Collins Lake (Yuba Co.), Oroville Lake (Butte Co.) and Wildwood Lake (Nevada Co.)
(E) Shasta, Siskiyou, Lassen, and Tehama counties.
Also, see Section 27.56.
NOTE

Authority cited: Sections 200, 202, 205, 215, 220 and 240, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code.
HISTORY

1. Amendment filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. Amendment filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
3. Amendment of subsection (b) filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
4. Amendment of subsection (b) filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
5. Amendment filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
6. Amendment of subsection (b)(3) filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
7. Amendment of subsection (b)(5)(B) filed 1-17-91; operative 1-17-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 8).
8. New subsection (b)(6) filed 4-26-91 as an emergency; operative 4-26-91 (Register 91, No. 25). A Certificate of Compliance must be transmitted to OAL by 8-26-91 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to emergency amendment filed 4-26-91 by operation of Government Code section 11346.1(f) (Register 91, No. 48).
10. New subsection (b)(7) filed 7-14-92; operative 7-14-92 pursuant to Fish and Game Code sections 202 and 215 (Register 92, No. 29).
11. New subsection (b)(6) filed 11-18-92; operative 12-18-92 (Register 92, No. 47).
12. Repealer and new section and amendment of Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
13. New subsection (b)(1)(E), subsection relettering, and amendment of Note filed 7-3-98 as an emergency; operative 7-3-98 (Register 98, No. 27). A Cer-- tificate of Compliance must be transmitted to OAL by 11-2-98 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 7-3-98 order, including amendment of section, transmitted to OAL 10-29-98 and filed 12-11-98 (Register 98, No. 50).
15. Amendment of subsection (b)(1)(B) filed 6-10-99; operative 6-10-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 24).
16. Repealer of subsection (b)(1)(E) and subsection relettering filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
17. Repealer of subsection (b)(1)(B) and subsection relettering filed 6-22-2000; operative 7-22-2000 (Register 2000, No. 25).
18. Repealer and new subsections (b)(2)-(b)(2)(E) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
Article 3. Bait Regulations for Inland Waters
§4.00. Bait--General.
Note     •     History

Legally acquired and possessed invertebrates, mollusks, crustaceans, amphibians (except salamanders), fish eggs and treated and processed foods may be used for bait, except:
(a) No species specified as endangered, threatened, candidate, fully-protected, or otherwise protected under state and federal law may be used as bait.
(b) No salamander may be used as bait. See section 5.05 for other amphibians that may be used as bait.
(c) See Section 5.35 for restrictions on crayfish;
(d) See Section 7.50(b)(74) for restriction on bait collecting on Hat Creek;
(e) No trout may be maintained or possessed in a live condition in any container on or attached to any boat;
(f) Except for restrictions listed under special regulations, dead ocean fish may be used as bait statewide. This section supersedes the provisions of sections 4.10, 4.15, 4.20, 4.25 and 4.30.
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200-202, 205, 5504 and 5505, Fish and Game Code.
HISTORY

1. Amendment filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
2. Amendment filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
3. Amendment filed 2-11-87; designated effective 3-1-87 (Register 87, No. 9).
4. Amendment of subsection (b) filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
5. Amendment of first paragraph filed 12-22-98; operative 12-22-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 52).
6. Amendment of subsection (e) filed 2-27-2001; operative 2-27-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 9). 
7. Amendment filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§4.05. Bait Fish Capture Methods.
Note     •     History

(a) Approved bait fish may be taken only by hand, with a dip net, or with traps not over three feet in greatest dimension. Such bait fish may not be purchased, bartered, sold, transferred or traded; or transported alive from the location where taken. Any other species taken shall be returned to the water immediately. Traps need not be closely attended. Dip net use: A dip net must be hand held, and the motion of a dip net shall be caused only by the physical effort of the operator. A dip net may not be moved through the water by any mechanical force or motorized device.
(b) Within the area bounded by Highway 111 on the north and east and Highway 86 on the west and south, approved bait fish may be taken only with dip nets with diagonal mesh size one inch and greater, or by traps in water greater than four feet in depth.  Traps may not exceed three feet in greatest dimension. Approved bait fish may not be taken by hand within this area. 
NOTE

Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 206 and 5505, Fish and Game Code.
HISTORY

1. Amendment filed 1-26-88; operative 3-1-88 (Register 88, No. 6). 
2. New subsection (a) designator and subsection (b) and amendment of Note filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
3. Amendment of subsection (b) filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
§4.10. Bait Fish Use in the Southern District.
Note     •     History

Except as provided below, live or dead fin fish shall not be used or possessed for use as bait in the Southern District:
(a) Dead threadfin shad and live or dead longjaw mudsucker may be used in all Southern District waters.
(b) Live threadfin shad may be used only at the location where taken.
(c) Golden shiner and red shiner may be used in San Diego County.
NOTE

Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code.
HISTORY

1. Amendment filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
2. Amendment filed 2-11-87; designated effective 3-1-87 (Register 87, No. 9).
3. Amendment of subsections (a) and (a)(1) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
4. Amendment of subsection (a) and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
5. Amendment of subsection (a)(1) filed 12-22-98; operative 12-22-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 52).
6. Amendment filed 2-27-2001; operative 2-27-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 9). 
§4.15. Bait Fish Use in the Colorado River District.
Note     •     History

Except as provided below, live or dead fin fish shall not be used or possessed for use as bait in the Colorado River District:
(a) Live or dead golden shiner, fathead minnow, red shiner, mosquitofish, longjaw mudsucker, threadfin shad, goldfish, sunfish, molly, and dead carp may be used in all Colorado River District waters.
(b) Live carp may be used only at the location where taken.
(c) Tilapia may be used in the Salton Sea, and may be taken for bait only within the area bounded by Highway 111 on the north and east and Highway 86 on the west and south (except as in subsection (d) below).
(d) Tilapia may be taken and used for bait in the Colorado River and its associated backwaters only within the area bounded by Palo Verde Diversion Dam south to the Morelos Dam.
NOTE

Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202 and 206, Fish and Game Code.
HISTORY

1. Amendment of subsection (a) filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
2. Amendment filed 2-11-86; designated effective 3-11-87 (Register 87, No. 9).
3. Amendment of subsection (a) filed 1-26-88; operative 3-1-88 (Register 88, No. 6).
4. Adoption of Note following subsection (b) filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
5. Amendment of subsections (a), (a)(1) and (a)(3) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
6. Amendment of subsection (a) and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
7. Amendment of subsection (a)(1) filed 12-22-98; operative 12-22-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 52).
8. Amendment filed 2-27-2001; operative 2-27-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 9). 
9. Amendment of subsection (d) filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
10. Amendment of subsections (a) and (c) and amendment of Note filed 11-8-2004; operative 12-8-2004 (Register 2004, No. 46).
§4.20. Bait Fish Use in the Valley and South Central Districts.
Note     •     History

Except as provided below, live or dead fin fish shall not be used or possessed for use as bait in the Valley or South Central District:
(a) Live or dead golden shiner, fathead minnow, mosquitofish, longjaw mudsucker, and staghorn sculpin, and dead threadfin shad, Mississippi silverside and lamprey may be used in all Valley and South Central District waters except those listed in subsection (f) below. 
(b) Red shiner may be used only in the Valley District north of Interstate 580 and Highway 132. 
(c) Yellowfin gobies may be used in the Valley District only in those areas described in subsections (d)(1)-(3) below.
(d) In addition, except for trout and salmon, fin fish lawfully taken in the following waters by angling or with bait fish methods approved in Section 4.05 may be used only in the waters where taken:
(1) Carquinez Strait and Suisun Bay and their tributaries and saltwater tributaries.
(2) Sacramento River and tidewater of tributaries downstream from the Highway 32 bridge near Hamilton City,  Feather River downstream from the Oroville Hatchery Fish Barrier Dam, Yuba River downstream from Daguerre Point Dam, and American River downstream from Nimbus Dam.
(3) San Joaquin River and tidewater of tributaries downstream from Interstate 5 bridge.
(e) Live threadfin shad, Mississippi silverside and lamprey may be used only at the location where taken.
(f) Fin fish may not be used in Keller Lake (Glenn Co.), Letts Lake (Colusa Co.), Merced Lake (San Francisco Co.), Upper and Lower Plaskett Meadow Ponds (Glenn Co.), Whale Rock Reservoir (San Luis Obispo Co.).
NOTE

Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code.
HISTORY

1. Amendment of subsection (a) filed 11-1-82 as an emergency; effective upon filing (Register 82, No. 45). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-1-83.
2. Certificate of Compliance including editorial correction of NOTE filed 2-14-83 (Register 83, No. 7).
3. Amendment of subsection (a) filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
4. Amendment filed 2-11-87; designated effective 3-1-87 (Register 87, No. 9).
5. Amendment of subsection (a)(4) filed 1-26-88; operative 3-1-88 (Register 88, No. 6).
6. Amendment of subsections (a), (a)(1) and (a)(2)(B) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
7. Amendment of subsection (a) and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
8. Amendment filed 12-22-98; operative 12-22-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 52).
9. Amendment filed 2-27-2001; operative 2-27-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 9). 
§4.25. Bait Fish Use in the North Central District.
Note     •     History

Except as provided below, live or dead fin fish shall not be used or possessed for use as bait in the North Central District:
(a) Golden shiner, fathead minnow, red shiner, mosquitofish, longjaw mudsucker and staghorn sculpin may be used in Napa and Sonoma counties, in Marin County except for Stafford Lake, in Lake County except for the Eel River and its tributaries, and in Lake Mendocino (Mendocino Co.).
(b) Live threadfin shad, Mississippi silverside and lamprey may be used only at the location where taken.
NOTE

Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code.
HISTORY

1. Amendment filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
2. Amendment of subsection (a) filed 5-21-86; effective upon filing (Register 86, No. 21).
3. Amendment filed 2-11-87; designated effective 3-1-87 (Register 87, No. 9).
4. Amendment of subsection (a) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
5. Amendment of subsection (a) and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
6. Amendment filed 2-27-2001; operative 2-27-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 9). 
§4.30. Bait Fish Use in the Sierra and North Coast Districts.
Note     •     History

Except as provided below, live or dead fin fish shall not be used or possessed for use as bait in the Sierra and North Coast Districts.
(a) In Donner, Fallen Leaf and Tahoe lakes Lahontan redside, tui chub, Tahoe sucker, Lahontan speckled dace, mountain sucker and Paiute sculpin may be used only in the same lake where taken.
(b) In Shasta Lake only golden shiner, red shiner, fathead minnows, mosquitofish and threadfin shad may be used or possessed for use as bait.
(c) Crayfish shall not be used for bait in the Pit River and all tributaries between Pit 3 Dam (Lake Britton) and the Fall River-Cassel Road Bridge at Fall River Mills, California (includes Hat Creek and Fall River and their tributaries).
NOTE

Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code.
HISTORY

1. Amendment filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
2. Amendment filed 2-11-87; designated effective 3-1-87 (Register 87, No. 9).
3. New subsection (a)(2) filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
4. New first paragraph, repealer of subsection (a), redesignation of subsections (a)(1)-(2) as subsections (a)-(b) amd subsection relettering, and amendment of newly designated subsection (c) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
5. Amendment of first paragraph, new subsection (d) and amendment of Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
6. Repealer of subsection (c) and subsection relettering filed 2-27-2001; operative 2-27-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 9). 
Article 4. Species Regulations
§5.00. Black Bass.
Note     •     History

It is unlawful to take or possess black bass except as provided below:
(Note: Some waters are closed to all fishing under Section 7.50.)
(a) General Statewide Restrictions:
(1) Lakes/Reservoirs and the Sacramento-San Joaquin Delta: The following waters, except for those listed in subsection (b) Special Regulations (below), are open to fishing all year, with a 12-inch minimum size limit and a five-fish daily bag limit: All lakes and reservoirs in the State, and the Sacramento-San Joaquin River Delta, (see Section 1.71 for definition of the Delta).
(2) Rivers/Streams and Private Ponds: Rivers, streams, canals, and lakes or ponds entirely on private lands, which are not listed in subsection (b) Special Regulations (below), are open all year with no size limit and a five-fish daily bag limit.
(b) Special Regulations: Counties and individual waters listed below are those having regulations different from the General Statewide Restrictions in subsection (a).

Area or Body of Water	Open	Size (total length)	Bag
	Season		Limit

DISTRICTS AND COUNTIES WITH 
SPECIAL REGULATIONS

(1)  Colorado River District:	All year.	13-inch minimum.	6
  All waters (Bag and size 
  limits conform with 
  Arizona regulations.)

(2)  Inyo County: all streams	All year.	12-inch minimum.	5
  east of Highway 395
  from the southern Inyo
  County line north to the
  junction of Highway 6
  and east of Highway 6 to
  the Mono County line.
  The remaining streams	Last Satur--	12-inch minimum.	5
  of Inyo County, except	day in Apr
  those waters listed in	through Nov. 15.
  sections 7.50(b)(82)
  and 7.50(b)(134).
  All Lakes, Big Pine Canal,	All year.	12-inch minimum.	5
  Fish Spring Canal, and
  Millpond.

(3)  Lassen County: all waters.	All year.	No size limit.	5

(4)  Modoc County: all waters	All year.	No size limit.	10
  except Dorris and Big Sage
  Reservoirs (see 
  subsection (a)(1)).

(5)  Mono County: all waters	Last Satur--	No size limit.	5
  except for Fish Slough 	day in April
  (see subsection (b)(16))	through Nov.
  and those waters listed as	15.
  closed to all fishing in
  Section 7.50.

(6)  Plumas County: all waters.	All year.	No size limit.	5

(7)  Shasta County: all lakes	All year.	No size limit.	5
  except Britton, Shasta
  and Whiskeytown lakes (see
  subsection (a)(1) and Big 
  Lake (see subsection (b)(9)).

INDIVIDUAL BODIES OF WATER WITH
SPECIAL REGULATIONS

(8)  Barrett Lake (San Diego 	All year.	No black bass shall be	0
  County).		possessed.
  (Also see Section 2.08)

(9) Big Lake (Shasta County)	Last Satur--	12-inch minimum	5
  (Also see Section 	day in Apr
  7.00(b)(4))	through Nov.
	15.
	Nov. 16 	No black bass shall	0
	through last	be possessed.
	Friday in
	April.

(10) Casitas Lake (Ventura	All year.	12-inch minimum.	5
   County).		No more than one over
		22 inches.

(11) Castaic Lake (Los 	All year.	18-inch minimum.	2
  Angeles County).

(12)  Cuyamaca Lake (San	All year.	No size limit.	5
  Diego County).		No smallmouth bass shall	
		be possessed.

(13) Diamond Valley Lake,	All year.	Largemouth bass	5
  (Riverside County)		15-inch minimum
		No smallmouth	0
		bass shall be
		possessed

(14)  Eastman Lake (Madera	All year.	22-inch minimum.	1
  and Mariposa Cos.) (Note:
  See Section 7.50(b)(62)
  for special area closures).

(15)  El Capitan Reservoir	All year.	15-inch minimum.	5
  (San Diego County).

(16)  Fish Slough (Mono	All year.	No size limit.	5
  County), except the fenced
  portions of Fish Slough within
  Owens Valley Native Fishes
  Sanctuaries and BLM Spring,
  which are closed to all fishing
  all year.

(17) Hensley Lake (Madera 	All year.	15-inch minimum.	2
  County).		

(18)  Hodges Lake (San Diego	All year.	15-inch minimum.	5
  County).

(19) Isabella Lake (Kern 	All year.	15-inch minimum.	2

   County).

(20) Kaweah Reservoir (Tulare	All year.	15-inch minimum.	2
  County).

(21) Lett's Lake (Colusa	All year.	No size limit.	5
  County).

(22) McClure Reservoir	All year.		None between 12	5
  (Mariposa County).			and 15 inches.

(23) Millerton Reservoir	All year.		None between 12	5
  (Fresno and Madera			and 15 inches.
  counties).

(24) Oroville Lake (Butte	All year.		None between 12 and 15	5
  County).			inches.

(25) Orr Lake (Siskiyou 	All year.		None between 12 and 15	5
  County).			inches

(26) Perris Lake (Riverside	All year.		15-inch minimum.	2
  County).

(27) Plaskett Meadows lakes,	All year.		No size limit.	5
  upper and lower (Glenn
  County).

(28) Shaver Lake (Fresno	All year.		No size limit.	5
  County).  

(29) Silverwood Lake (San	All year.		15-inch minimum.	2
  Bernardino County). 

(30) Siskiyou Lake (Siskiyou 	All year.		None between 12 	5
  County).			and 15 inches.

(31) Skinner Lake (Riverside	All year.		15-inch minimum.	2
  County).

(32) Success Reservoir (Tulare	All year.		15-inch minimum.	2
  County).

(33) Trinity Lake(Trinity	March 1		12-inch minimum.	2
  County).	through
	May 31
  	June 1		12-inch minimum.	5
	through
	last day 
	in Feb. 

(34) Trout Lake (Siskiyou	Only		22-inch minimum.	1
  (County).	weekends 	Only artificial lures
	and	 	may be used.
	Wednesdays
	from the last
	Saturday in 
	April through 
	Sept. 30.

(35) Upper Otay Lake	All year.		No black bass shall be	0
 (San Diego County).			possessed.
 (Also see Section 2.08).

NOTE

Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code.
HISTORY

1. Amendment filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Amendment of subsection (c) filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
3. Amendment filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
4. New subsections (b)(4) and (c)(3) filed 4-16-86 as an emergency; effective upon filing (Register 86, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-14-86.
5. Certificate of Compliance transmitted to OAL 8-13-86 and filed 8-14-86 (Register 86, No. 33).
6. Amendment of subsection (c) filed 2-11-87; designated effective 3-1-87 (Register 87, No. 9).
7. Amendment filed 1-26-88; operative 3-1-88 (Register 88, No. 6).
8. New subsection (b)(5) filed 9-11-89 as an emergency; operative 9-11-89 (Register 89, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-9-90.
9. Subsection (b)(5) repealed by operation of law on 1-1-90. Amendment filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
10. Amendment of subsections (a), (o), (q) and (r) filed 1-17-91; operative 1-17-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 8).
11. Amendment filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
12. Amendment filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
13. Editorial correction of subsections (c)(9)-(10) (Register 95, No. 13).
14. Amendment of subsection (c)(3), new subsection (c)(4), subsection renumbering, and amendment of subsection (c)(7) filed 3-28-95; operative 3-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 13).
15. Amendment of subsections (a), (b)(2) and (c)(1), new subsection (c)(3) and subsection renumbering, new subsections (c)(9) and (c)10) and subsection renumbering, and new subsection (c)(17) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
16. Amendment of section and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
17. Amendment of subsection (d)(20) filed 12-22-98; operative 12-22-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 52).
18. Amendment filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
19. Amendment of subsection (b)(1), repealer of subsections (b)(9) and (b)(28), subsection renumbering and amendment of newly designated subsection (b)(33) filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
20. Amendment of subsection (a)(1), new subsection (b)(12),  subsection renumbering, repealer of former subsection (b)(25) and amendment of subsection (b)(33) filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9). 
21. Amendment of subsection (a)(1) filed 4-7-2005; operative 5-7-2005 (Register 2005, No. 14).
22. Amendment of subsections (b)(2)-(5) and (b)(7), new subsection (b)(9), repealer of subsection (b)(16) and subsection renumbering filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
23. Amendment of subsections (b), (b)(4)-(5), (b)(7) and (b)(9), new subsection (b)(26), subsection renumbering and amendment of newly designated subsection (b)(33) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§5.05. Amphibians.
Note     •     History

(a) Only the following amphibians may be taken under the authority of a sportfishing license, subject to the restrictions in this section. No amphibians may be taken from ecological reserves designated by the commission in Section 630 or from state parks, or national parks or monuments.
(1) Pacific giant salamander (Dicamptodon tenebrosus)
(2) California giant salamander (Dicamptodon ensatus)
(3) Southern Seep (Torrent) Salamander (Rhyacotriton variegatus) 
(4) Rough-skinned newt (Taricha granulosa)
(5) California newt (Taricha torosa)
(6) Red-bellied newt (Taricha rivularis)
(7) Northwestern salamander (Ambystoma gracile)
(8) Long-toed salamander (Ambystoma macrodactylum), except Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum)
(9) Black salamander (Aneides flavipunctatus)
(10) Clouded salamander (Aneides ferreus) 
(11) Arboreal salamander (Aneides lugubris)
(12) California slender salamander (Batrachoseps attenuatus): See Special Closure (f)(1)
(13) Pacific slender salamander (Batrachoseps pacificus): See Special Closure (f)(1)
(14) Relictual slender salamander (Batrachoseps relictus): See Special Closure (f)(1)
(15) Dunn's salamander (Plethodon dunni)
(16) Ensatina salamander (Ensatina eschscholtzii)
(17) Western toad (Bufo boreas)
(18) Woodhouse's toad (Bufo woodhouseii)
(19) Red-spotted toad (Bufo punctatus)
(20) Great Plains toad (Bufo cognatus)
(21) Great Basin spadefoot toad (Scaphiopus (Spea) intermontana)
(22) Couch's spadefoot toad (Scaphiopus (Spea) couchii)
(23) California chorus frog (Pseudacris (Hyla) cadaverina)
(24) Pacific chorus frog (Pseudacris (Hyla) regilla)
(25) Northern leopard frog (Rana pipiens)
(26) Southern leopard frog (Rana yutricularia)
(27) Rio Grande leopard frog (Rana berlandieri)
(28) Bullfrog (Rana catesbeiana)
(b) Open season: All year. The season closures in Chapter 3 (District Trout and Salmon District General Regulations and Special Regulations) do not apply to fishing for amphibians with methods other than hook and line (see sections 7.00 and 7.50(a)(2)).
(c) Limit: The daily bag and possession limit for each of the amphibian species listed in subsection (a), above, is four except for bullfrogs, which have no daily bag or possession limit.
(d) Hours: Amphibians may be taken at any time of day or night.
(e) Methods of take: 
(1) Amphibians may be taken only by hand, hand-held dip net, or hook and line, except bullfrogs may also be taken by lights, spears, gigs, grabs, paddles, bow and arrow, or fishing tackle. 
(2) It is unlawful to use any method or means of collecting that involves breaking apart of rocks, granite flakes, logs, or other shelters in or under which amphibians may be found.
(f) Special closures:
(1) No slender salamanders (Batrachoseps spp.) may be taken from Inyo and Mono counties and from the Santa Rosa Mountains, Riverside County.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment of subsection (a), repealer of subsections (a)(1)-(2) and amendment of subsection (b) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
2. Repealer and new section filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§5.10. Candlefish or Eulachon.
Note     •     History

(a) Open season: All year, except for closures listed under special regulations.
(b) Limit: Twenty-five pounds.
(c) Methods of take: Candlefish may be taken with dip nets.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment of subsection (c) filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
§5.15. Catfish and Bullheads.
Note     •     History

(a) Open season: All year, except for closures listed under special regulations.
(b) Limit: Bullheads, no limit; all other catfish, no limit, except as follows:

BODY OR BODIES OF WATER	BAG LIMIT

(1) All waters of the Colorado River District:

	Also see subsection (c) below.	10

(2) All waters of the Southern District not listed below:	10

(3) Alameda County:

	Alameda Creek Quarry Ponds.	5
	Chabot Lake.	5
	Cull Canyon Lake.	5
	Del Valle Reservoir.	5
	Don Castro Lake.	5
	Jordan Lake.	5
	Shadow Cliffs Lake.	5
	Temescal Lake.	5

(4) Contra Costa County:

	Contra Loma Lake.	5
	Lafayette Lake.	10
	San Pablo Lake.	5

(5) Inyo County:

	All waters	10

(6) Los Angeles County:

	Alondra County Park Lake.	5
	Belvedere Park Lake.	5
	Cerritos Regional Park Lake.	5
	Earvin “Magic” Johnson County Park Lake.	5
	John Anson Ford Park Lake.	5
	Kenneth Hahn Regional Park Lake.	5
	La Mirada Regional Park Lake.	5

(7) Mono County:

	All waters	10

(8) San Bernardino County:

	Cucamonga-Guasti Regional Park Lakes.	5
	Glen Helen Regional Park Lakes.	5
	Gregory Lake.	5
	Mojave Narrows Regional Park.	5
	Prado Regional Park Lakes.	5
	Yucaipa Regional Park Lakes.	5

(9) San Diego County: All Waters except Barrett and 
 Upper Otay lakes	5

	Barrett Lake.	0
	Upper Otay Lake.	0

(10) San Joaquin County:

	Oak Grove Regional Park Lake in Stockton	10

(11) Santa Clara County:

	All waters	5
(c) Carcasses: In the Colorado River and its backwaters, the carcasses of all catfish and bullheads imported, possessed or transported must have either the head, tail or skin attached so that the species can be identified and numbers can be determined until such fish are being prepared for immediate consumption.
NOTE

Authority cited: Sections 200, 202, 205, 215, 220 and 240, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code.
HISTORY

1. Amendment of subsection (b) filed 1-26-88; operative 3-1-88 (Register 88, No. 6).
2. New subsection (b)(3) filed 9-11-89 as an emergency; operative 9-11-89 (Register 89, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-9-90.
3. Subsection (b)(3) repealed by operation of law on 1-9-90. Amendment of subsections (b)(1) and (b)(2), and new subsection (b)(3) filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
4. Repealer and new section filed 12-12-94; operative 12-12-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 50).
5. Amendment of subsection (b)(9) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
6. Amendment of section and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
7. Amendment of subsection (b)(4) filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
8. Amendment of subsection (b)(8) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§5.20. Clams, Freshwater.
Note     •     History

(a) Open season: All year, except for closures listed under special regulations.
(b) Limit: Fifty pounds (in the shell).
(c) Methods of take: Freshwater clams may be taken only by hand, or by spade, shovel, hoe, rake or other appliance operated by hand.
(d) The season closures in Chapter 3 (District Trout and Salmon Special Regulations) do not apply to freshwater Clam fishing (see sections 7.00 and 7.50(a)(2)).
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. New subsection (d) filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§5.25. Corvina in the Salton Sea.
Note     •     History

(a) Open season: All year.
(b) Bag limit: Two.
(c) Possession Limit: Four.
(d) Minimum size limit: 18 inches total length.
NOTE

Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 210, 215, 2930, 2931 and 2932, Fish and Game Code.
HISTORY

1. Amendment of subsection (b) filed 3-1-90, operative 3-1-90 (Register 90, No. 10).
2. Amendment of subsection (b) and new subsection (c) filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
3. Amendment of subsection (b), new subsection (c), subsection relettering and amendment of Note filed 11-8-2004; operative 12-8-2004 (Register 2004, No. 46).
§5.26. Gulf Croaker and Sargo in the Salton Sea.
Note     •     History

(a) Open season: All year.
(b) Daily bag limit: Six each species.
(c) Possession limit: 12 each species.
(d) Size limit: None.
NOTE

Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 210, 215, 2930, 2931 and 2932, Fish and Game Code.
HISTORY

1. New section filed 11-8-2004; operative 12-8-2004 (Register 2004, No. 46).
§5.30. Crappie.
Note     •     History

See Section 5.82 for the combined sunfish and crappie bag limit regulations.
NOTE

Authority cited: Sections 200, 202, 205, 219, 220 and 240, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code.
HISTORY

1. Renumbering of former section 5.30 to section 5.82 and new section filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).  For prior history, see Register 90, No. 10.
2. Amendment of subsection (b) and Note filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
3. Editorial correction renumbering erroneously designated History 2 to History 3 (Register 98, No. 6).
4. Amendment of section and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
5. Repealer and new section filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§5.35. Crayfish.
Note     •     History

(a) Open season: All year, except for closures listed in subsection (d) of this Section.
(b) Limit: No limit.
(c) Methods of take: Crayfish may be taken only by hand, hook and line, dip net or with traps not over three feet in greatest dimension. Any other species taken shall be returned to the water immediately. Traps need not be closely attended.
(d) Closures for Protection of Shasta Crayfish: Fall River upstream of Spring Creek Bridge, Lava Creek, Tule River and all connected waters upstream of Little Tule River, Sucker Springs Creek, Crystal Lake, Rising River and Rising River Lake are closed to take and possession of crayfish. (See Section 4.30 for prohibition against crayfish use for bait in sections of the Pit River).
(e) The season closures in Chapter 3 (District Trout and Salmon Special Regulations) do not apply to crayfish fishing with methods other than hook and line (see sections 7.00 and 7.50(a)(2)).
NOTE

Authority cited: Sections 200, 202, 205, 215 and 8491, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 8490 and 8491, Fish and Game Code.
HISTORY

1. Amendment of subsection (c) filed 1-26-88; operative 3-1-88 (Register 88, No. 6).
2. Amendment filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
3. New subsection (a)(3) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
4. Amendment of subsection (a), repealer of subsections (a)(1)-(3), new subsections (d) and (e) and amendment of Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
5. Amendment of subsection (e) filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§5.37. Grass Carp.
Note     •     History

(a) No grass carp may be taken or possessed at any time, except that any grass carp inadvertently taken must be immediately returned unharmed to the water.
(b) Exception for Siskiyou and Shasta Counties for any waters, within the Sacramento River drainage above and including Lake Shasta: All grass carp taken shall be killed immediately by removing the head and shall be retained by the angler. The angler shall notify the department that he/she has taken and possesses a grass carp by calling the department's telephone number (1-530-225-2278) as soon as possible, but not more than 24 hours after taking the grass carp. 
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200 and 205, Fish and Game Code.
HISTORY

1. New section filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
2. Amendment filed 5-5-97; operative 6-4-97 (Register 97, No. 19).
3. Amendment designating first paragraph as subsection (a) and new subsection (b)  filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§5.40. Lamprey.
Note     •     History

(a) Open season: All year, except for closures listed under district or special regulations.
(b) Limit: 5.
(c) Methods of take: Lamprey may be taken only by hand, hook, spear, bow and arrow fishing tackle, or dip net. Any other species taken shall be returned to the water immediately. Traps need not be closely attended.
(d) The season closures in Chapter 3 (District Trout and Salmon Special Regulations) do not apply to lamprey fishing with methods other than hook and line (see sections 7.00 and 7.50(a)(2)). 
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202 and 205, Fish and Game Code. 
HISTORY

1. Amendment of subsection (c) filed 1-26-88; operative 3-1-88 (Register 88, No. 6).
2. New subsection (d) filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
3. Amendment of section and Note filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§5.45. Marine Fin Fish, Mollusks and Crustaceans.
Note

Marine fin fish, mollusks and crustaceans taken in lagoons and tidal waters are subject to the bag and possession limits established for the Ocean and San Francisco Bay District (beginning with Section 27.00).
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§5.50. Mountain Whitefish.
Note     •     History

(a) Open season: No mountain whitefish may be taken in any water except when trout may be taken in such water.
(b) Limit: Five.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. 
HISTORY

1. Amendment of subsection (b) filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9). 
§5.51. Northern Pike.
Note     •     History

No northern pike, dead or alive, may be released into any water at any time. All northern pike taken shall be killed immediately by removing the head and shall be retained by the angler. The angler shall notify the department that he/she has taken and possesses a northern pike by calling the department's CalTip telephone number (1-888-DFG-CALTIP) as soon as possible, but not more than 24 hours after taking the northern pike. The angler shall maintain the head and body of the fish in a refrigerated or frozen condition, whenever possible, until the department collects the northern pike.
NOTE

Authority cited: Sections 200, 202, 205, 220 and 240, Fish and Game Code. Reference: Sections 200, 202, 205, 220 and 240, Fish and Game Code.
HISTORY

1. New section filed 8-14-95 as an emergency; operative 8-14-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-12-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(f) (Register 96, No. 6).
3. New section filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
4. Repealer and new section filed 5-8-98; operative 5-8-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 19).
5. Amendment filed 5-10-2007; operative 5-10-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 19). 
6. Amendment filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§5.55. Mullet. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6). 
§5.60. Reptiles.
Note     •     History

(a) General Provisions: Only the following reptiles may be taken under the authority of a sportfishing license, subject to the restrictions in this section. The limit for each of the species listed below is two, unless otherwise provided. Limit, as used in this section, means daily bag and possession limit. No reptiles shall be taken from ecological reserves designated by the commission in Section 630 or from state parks, or national parks or monuments.
(b) No sportfishing license is required for the sport take of any rattlesnake.
(1) Painted turtle (Chrysemys picta): Limit: No limit.
(2) Slider Turtle (Pseudemys (Trachemys) scripta): Limit: No limit.
(3) Spiny softshell turtle (Trionyx spiniferus): Limit: No limit.
(4) Western banded gecko (Coleonyx variegatus)
(5) Desert iguana (Dipsosaurus dorsalis)
(6) Chuckwalla (Sauromalus obesus)
(7) Zebra-tailed lizard (Callisaurus draconoides)
(8) Colorado Desert fringe-toed lizard (Uma notata)
(9) Mojave fringe-toed lizard (Uma scoparia)
(10) Desert spiny lizard (Sceloporus magister)
(11) Granite spiny lizard (Sceloporus orcutti)
(12) Western fence lizard (Sceloporus occidentalis): Limit: Species No. 12-16 have a limit of twenty-five (25) in the aggregate
(13) Sagebrush lizard (Sceloporus graciosus): Limit: Species No. 12-16 have a limit of twenty-five (25) in the aggregate
(14) Side-blotched lizard (Uta stansburiana): Limit: Species No. 12-16 have a limit of twenty-five (25) in the aggregate
(15) Western skink (Eumeces skiltonianus): Limit: Species No. 12-16 have a limit of twenty-five (25) in the aggregate 
(16) Desert night lizard (Xantusia vigilis): Limit: Species No. 12-16 have a limit of twenty-five (25) in the aggregate
(17) Long-tailed brush lizard (Urosaurus graciosus)
(18) Tree lizard (Urosaurus ornatus)
(19)  Small-scaled lizard (Urosaurus microscutatus)
(20) Desert horned lizard (Phrynosoma platyrhinos)
(21) Short-horned lizard (Phrynosoma douglassii)
(22) Great basin collared lizard (Crotaphytus bicintores)
(23) Banded rock lizard (Petrosaurus mearnsi)
(24) Baja California collared lizard (Crotaphytus vestigum)
(25) Long-nosed leopard lizard (Gambelia wislizenii)
(26) Gilbert's skink (Eumeces gilberti)
(27) Western whiptail (Cnemidophorus tigris)
(28) Southern alligator lizard (Elgaria multicarinata)
(29) Northern alligator lizard (Elgaria coerulea)
(30) California legless lizard (Anniella pulchra), except black legless lizard (Anniella pulchra nigra): Limit: One (1)
(31) Rubber boa (Charina bottae), except southern rubber boa (Charina bottae umbratica)
(32) Rosy boa (Lichanura trivirgata)
(33) Ringneck snake (Diadophis punctatus)
(34) Sharp-tailed snake (Contia tenuis)
(35) Spotted leaf-nosed snake (Phyllorhynchus decurtatus)
(36) Racer (Coluber constrictor) 
(37) Coachwhip (Masticophis flagellum), except San Joaquin Coachwhip (Masticophis flagellum ruddocki)
(38) Striped whipsnake (Masticophis taeniatus)
(39) California whipsnake (striped racer) (Masticophis lateralis), except Alameda whipsnake (Masticophis lateralis euryxanthus)
(40) Western patch-nosed snake (Salvadora hexalepis).
(41) Glossy snake (Arizona elegans)
(42) Gopher snake (Pituophis melanoleucus): Limit: Four (4)
(43) Common kingsnake (Lampropeltis getula): Limit: Four (4)
(44) California mountain kingsnake (Lampropeltis zonata), except San Diego mountain kingsnake (Lampropeltis zonata pulchra): Limit: One (1). Special Closure: No California mountain kingsnakes shall be taken in Orange and San Diego counties, and in Los Angeles County west of Interstate 5.
(45) Long-nosed snake (Rhinocheilus lecontei)
(46) Common garter snake (Thamnophis sirtalis), except San Francisco garter snake (Thamnophis sirtalis tetrataenia): Special Closure: No common garter snakes shall be taken in Los Angeles, Orange, Riverside, San Diego, and Ventura counties.
(47) Terrestrial garter snake (Thamnophis elegans)
(48) Western aquatic (Sierra) garter snake (Thamnophis couchii)
(49) Pacific coast aquatic garter snake (Thamnophis atratus)
(50) Northwestern garter snake (Thamnophis ordinoides)
(51) Checkered garter snake (Thamnophis marcianus)
(52) Ground snake (Sonora semiannulata)
(53) Western shovel-nosed snake (Chionactis occipitalis)
(54) California black-headed snake (Tantilla planiceps)
(55) Southwestern black-headed snake (Tantilla hobartsmithi)
(56) Lyre snake (Trimorphodon biscutatus)
(57) Night snake (Hypsiglena torquata)
(58)  Western blind snake (Leptotyphlops humilis)
(c) Open season: All year.
(d) Hours: Reptiles may be taken at any time of day or night.
(e) Methods of take:
(1) Reptiles may be taken only by hand, except as provided in subsections (e)(2) and (3) below, or by the following hand-operated devices:
(A) Lizard nooses.
(B) Snake tongs. 
(C) Snake hooks.
(2) Rattlesnakes may be taken by any method.
(3) Turtles may be taken by hook and line. Fishing methods described in Section 2.00 apply to the take of spiny softshell turtles, slider turtles and painted turtles.
(4) It is unlawful to use any method or means of collecting that involves breaking apart of rocks, granite flakes, logs or other shelters in or under which reptiles may be found.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200, 201, 202, 203.1, 205 and 220, Fish and Game Code.
HISTORY

1. New section filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2). For prior history, see Register 86, No. 6.
2. Amendment of subsection (e)(1) and Note filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§5.65. Shad, American.
Note

(a) Open season: All year, except for closures listed under special regulations.
(b) Limit: Twenty-five.
(c) Methods of take: Shad may be taken only by angling, except that a dip net may be used in the Valley District.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. 
§5.70. Splittail, Sacramento.
Note     •     History

(a) Open season: All year, except for closures listed under district or special regulations.
(b) Limit: Two
(c) Methods of take: Splittail may be only taken by angling.
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202 and 205, Fish and Game Code.
HISTORY

1. New section filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). For prior history, see Register 2002, No. 2. 
§5.75. Striped Bass.
Note     •     History

(a) Open season: All year except for closures listed in special regulations.
(b) Limit: Two, except in waters listed in (d) below.
(c) Minimum size: 18 inches total length except in waters listed in (d) below.
(d) Exceptions: 
(1) In the Colorado River District, the Southern District (except Lake Elsinore), and New Hogan, San Antonio and Santa Margarita lakes.
(A) Limit: Ten.
(B) Minimum size: No size limit.
(2) Lake Elsinore has the limit and minimum size shown in (b) and (c) above.
(e) For the purpose of these regulations, any striped bass hybrid with white bass is considered to be striped bass.
NOTE

Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code.
HISTORY

1. Amendment filed 1-30-84; designated effective 2-9-84 (Register 84, No. 5).
2. Repealer and new section filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
3. Amendment of subsection (d) filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
4. Amendment of subsection (d)(2) filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
5. Amendment of subsections (d)(1) and (2) filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
6. Repealer of subsection (d)(1) designator and amendment of resulting addition to subsection (d), redesignation of former subsections (d)(1)(A)-(B) as subsections (d)(1)-(2) and repealer of subsections (d)(2)-(d)(2)(B) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
7. Amendment of section and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
8. Repealer of subsections (d)(2)-(d)(2)(B) filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
9. Amendment of subsection (d)(1) filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9). 
10. Amendment filed 12-27-2007; operative 1-26-2008 (Register 2007, No. 52).
§5.79. White Sturgeon Report Card and Tagging Requirements for Inland Waters (FG 683, See Section 701).
Note     •     History

(a) Sturgeon Fishing Report Card Required. All anglers must have a Sturgeon Fishing Report Card in their possession while fishing for or taking sturgeon. Anglers must complete and return the card pursuant to regulations in this Section and in Section 1.74. 
(b) Tagging and Recording Requirements for Retained Fish. A Sturgeon Fishing Report Card includes detachable tags that shall be used to tag any white sturgeon that is taken and retained in the sport fishery. Any white sturgeon possessed by any person shall be tagged. 
(1) Upon taking and retaining a white sturgeon, the cardholder shall immediately record the following information: 
(A) The month, day, fishing location and length of the fish shall be recorded in the appropriate spaces on the tag. Tags shall be used in sequential order. 
(B) The month, day, fishing location and length of the fish shall be recorded in the appropriate spaces on the Sturgeon Fishing Report Card which corresponds to the number on the tag. 
(2) Immediately after recording the information above, the cardholder shall remove and completely detach the tag from the card and affix it to the white sturgeon. Cardholders shall not wait until completion of fishing activity to tag any white sturgeon in possession. 
(3) The tag shall be securely fastened to the fish. To affix the tag, a “zip tie”, string, line or other suitable material shall be passed through the tag at the location specified on the sturgeon tag and attached to the fish. 
(4) Tags shall not be removed from the report card until immediately prior to affixing to a white sturgeon. Any tags detached from the report card and not affixed to a white sturgeon shall be considered used and therefore invalid. No person shall possess any used or otherwise invalid sturgeon tags. 
(5) Records of Prior Activity. All tags must be accounted for at all times by entry of a record on the Sturgeon Fishing Report Card corresponding to all tags that are not in possession. Any tag that was lost or destroyed shall be recorded as such on the corresponding line on the Sturgeon Fishing Report Card. 
(6) If the sturgeon has a department reward disk attached, write the reward disk number in the space provided on the report card. 
(c) Reporting Requirements for Released Fish. 
(1) Whenever the cardholder catches and releases a sturgeon, the cardholder shall immediately record the month, day, location code, and species of sturgeon. 
(2) If all lines in the “sturgeon released” field of the report card are filled, any additional sturgeon caught and released need not be recorded on the card. 
(3) If the sturgeon has a department reward disk attached, write the reward disk number in the space provided on the report card. 
(d) Sturgeon tags must be left affixed to the fish in place, including while stored at a residence or non-transient location, until the fish is processed for immediate consumption. 
(e) The annual fee for the Sturgeon Fishing Report Card is specified in Section 701, Title 14, CCR. 
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202 and 205, Fish and Game Code. 
HISTORY

1. New section filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
2. New subsections (b)(6) and (c)(3) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§5.80. White Sturgeon.
Note     •     History

(a) Open season: All year, except for closures listed under special regulations.
(b) Daily and annual bag limit: One fish per day. Three fish per year statewide.
(c) Size limit:  No fish less than 46 inches total length or greater than 66 inches total length may be taken or possessed. 
(d) Methods of take: The sturgeon must voluntarily take the bait or lure in its mouth. No sturgeon may be taken by trolling, snagging or by the use of firearms. Sturgeon may not be gaffed, nor shall any person use any type of firearm to assist in landing or killing any sturgeon.
(e) Report card required: Any person fishing for or taking sturgeon shall have in their possession a nontransferable Sturgeon Fishing Report Card issued by the department and shall adhere to all reporting and tagging requirements for sturgeon defined in Sections 1.74 and 5.79, Title 14, CCR.
(f) Special North Coast District Sturgeon Closure (Humboldt, Del Norte, Trinity and Siskiyou cos.).  It is unlawful to take any sturgeon in the North Coast District at any time.
(g) For regulations on take and possession of sturgeon in ocean waters as defined in Section 27.00, see Sections 27.90, 27.91, and 27.95.
(h) Special Sierra and Valley District Sturgeon Closure from January 1 to December 31 (Shasta, Tehama and Glenn cos.). 
(1) It is unlawful to fish for any sturgeon on the Sacramento River from Keswick Dam to the Highway 162 Bridge.
(2) It is unlawful to use wire leaders.
(3) It is unlawful to use lamprey or any type of shrimp as bait. 
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code.
HISTORY

1. Amendment of subsections (b)-(d) filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
2. Amendment of subsection (c) and Note filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
3. Amendment of subsection (c) filed 12-22-92; operative 12-22-92 pursuant to sections 202 and 215, Fish and Game Code (Register 92, No. 52).
4. Amendment of subsection (b) filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
5. Amendment of section heading and subsection (c), new subsection (f) and amendment of Note filed 3-20-2006 as an emergency; operative 3-20-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-18-2006 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 3-20-2006 amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 33).
7. Amendment of section heading and subsections (b) and (c) and new subsections (e)-(h) filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
8. Amendment of subsection (e), repealer of subsections (e)(1)-(f)(2) and subsection relettering filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
9. New subsections (h)-(h)(3) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§5.81. Green Sturgeon.
Note     •     History

(a) Green sturgeon may not be taken or possessed.
(b) Green sturgeon taken and released incidentally to white sturgeon fishing shall be reported on a Sturgeon Fishing Report Card issued by the department, in accordance with procedures defined in Sections 1.74 and 5.79, Title 14, CCR.
(c) Special Sierra and Valley District Sturgeon Closure from January 1 to December 31 (Shasta, Tehama and Glenn cos.). 
(1) It is unlawful to fish for any sturgeon on the Sacramento River from Keswick Dam to the Highway 162 Bridge.
(2) It is unlawful to use wire leaders.
(3) It is unlawful to use lamprey or any type of shrimp as bait. 
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code.
HISTORY

1. New section filed 3-20-2006 as an emergency; operative 3-20-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-18-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2006, No. 33).
3. New section filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
4. Amendment of subsection (b) filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
5. New subsections (c)-(c)(3) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§5.82. Sunfish and Crappie.
Note     •     History

(a) Open season: All year, except for closures listed under district or special regulations. 
(b) Limit: Combined bag limit of twenty-five sunfish and crappie of all species, except in:
(1) Barrett and Upper Otay Lakes (San Diego County): zero bag limit for all species.
(c) Size Limit: No size limit, except at Hodges and El Capitan Lakes (San Diego County), where the crappie minimum size limit is 10 inches, total length.
NOTE

Authority cited: Sections 200, 202, 205, 215 and 220,  Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code.
HISTORY

1. Renumbering of former section 5.30 to section 5.82 and amendment of section heading and Note filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code section 202 and 215 (Register 94, No. 10). 
2. Amendment of subsection (b) filed 12-12-94; operative 12-12-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 50).
3. Amendment of subsection (b) and Note filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
4. Amendment of section and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
5. Amendment of section heading and section filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§5.83. Tilapia.
Note     •     History

(a) Open season: All year, except for closures listed under district or special regulations.
(b) Limit: No limit.
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202 and 205, Fish and Game Code.
HISTORY

1. New section filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§5.85. Trout and Salmon.
Note

See Chapter 3, District Trout, Salmon and Special Regulations.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. 
§5.86. Hoopa and Yurok Indian Salmon Possession Limit.
Note     •     History

It is unlawful for any person to possess more than one daily bag or possession limit of fish except as follows: Eligible Hoopa Valley and Yurok Reservation Indians, as defined in Chapter 1, Part 250, Title 25, CFR--Indian Fishing, Hoopa Valley Reservation and Yurok Reservation-Department of the Interior; may possess more than two salmon outside boundaries of the Hoopa Valley Reservation, provided:
(a) Such eligible Indians possess and display upon demand by any officer authorized to enforce this section their Indian Fishers identification card.
(b) All fish are possessed for subsistence or ceremonial purposes and are clearly marked by removing the dorsal fin prior to transporting them from the reservation.
It shall be unlawful to sell or possess for sale any salmon marked pursuant to this section.
NOTE

Authority cited: Sections 200, 202, 205, 219, 220 and 7708, Fish and Game Code. Reference: Sections 200, 202, 205, 210, 220, 7155, 7700, 7702, 7703, 7706, 7708 and 12300, Fish and Game Code.
HISTORY

1. Renumbering of former Section 1.51 to Section 5.86 filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6). For history of former Section 5.86, see Register 82, No. 29.
2. Amendment filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
3. Amendment of section heading filed 12-27-2007; operative 1-26-2008 (Register 2007, No. 52).
§5.87. North Coast Salmon Report Card Requirement (FG 684, See Section 701).
Note     •     History

(a) Report Card Required in Waters of the Klamath-Trinity River System and the Smith River. All anglers must have a North Coast Salmon Report Card in their possession while fishing for or taking salmon in waters of the Klamath-Trinity River System and the Smith River, and must complete and return the card pursuant to regulations in this Section and in Section 1.74. 
(b) Prior to beginning fishing activity, the cardholder shall record the month, day, and fishing location on the first available line on the report card. 
(c) For the Klamath-Trinity River System: Whenever the cardholder lands (either retains or releases) a Chinook salmon, the angler shall immediately record whether the fish was an adult or a jack, and whether the fish has an adipose fin present. Whenever the cardholder releases a Coho salmon, the angler shall immediately record whether the maxillary is present or absent. 
(d) For the Smith River: Whenever the cardholder lands (either retains or releases) a Chinook salmon, the angler shall immediately record whether the fish was an adult or a jack, and whether the fish has an adipose fin or left ventral fin present.
(e) Whenever the cardholder moves to another fishing location, the angler shall record the month, day, and location on the next line on the report card. 
(f) In the Klamath-Trinity River System and Smith River, a jack Chinook salmon is defined as any Chinook salmon that is less than 22 inches total length.
(g) In the event an angler fills in all lines and returns a North Coast Salmon Report Card, an additional card may be purchased. See Section 1.74. 
(h) The annual fee for the North Coast Salmon Report Card is specified in Section 701, Title 14, CCR. 
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202 and 205, Fish and Game Code.
HISTORY

1. New section filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). For prior history, see Register 96, No. 6.
2. Amendment of section heading and section filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§5.88. Steelhead Report and Restoration Card Requirements for Inland Waters (FG 682, See Section 701).
Note     •     History

(a) Steelhead Fishing Report and Restoration Card Required. All anglers must have a Steelhead Fishing Report and Restoration Card in their possession while fishing for or taking steelhead in anadromous waters, as defined in Section 1.04. Anglers must complete and return the card pursuant to regulations in this Section and in Section 1.74. For purposes of these regulations, a steelhead trout is defined as any rainbow trout greater than 16 inches in length found in anadromous waters. 
(b) Prior to beginning fishing activity, the cardholder must record the month, day, and location code on the first available line on the report card. 
(c) When a steelhead is retained, the cardholder must immediately fill in a circle indicating whether the fish is a wild fish or a hatchery fish. 
(d) When the cardholder moves to another location code, or finishes fishing for the day, the angler must immediately record on the card the number of wild and hatchery fish that were released from that location and the number of hours fished for steelhead to the nearest hour. 
(e) In the event an angler fills in all lines and returns a Steelhead Fishing Report and Restoration Card, an additional card may be purchased. See Section 1.74. 
(f) The annual fee for the Steelhead Fishing Report and Restoration Card is specified in Section 7380 of the Fish and Game Code. 
NOTE

Authority cited: Section 7380, Fish and Game Code. Reference: Sections 7380 and 7381, Fish and Game Code. 
HISTORY

1. New section filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
2. Amendment of subsection (d) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§5.90. White Bass.
Note     •     History

(a) Open season: All year.
(b) Limit: No limit. No live white bass may be possessed or transported. Any white bass taken must immediately be killed by removing the head or cutting through the gills, except at Lake Nacimiento (San Luis Obispo County) where any white bass taken must immediately be released into the water or killed by removing the head or cutting through the gills.
NOTE

Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code.
HISTORY

1. Amendment filed 1-30-84; designated effective 2-9-84 (Register 84, No. 5).
2. Amendment of subsection (b) filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11). 
3. Amendment of subsection (b) and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
§5.93. Fully Protected Fishes.
Note     •     History

None of the following fishes may be taken or possessed at any time: Colorado pikeminnow, Mohave chub, Lost River sucker, Modoc sucker, shortnose sucker, humpback sucker, Owens pupfish, unarmored three-spine stickleback, rough sculpin, bonytail, Owens tui chub, Cottonball Marsh pupfish and desert pupfish.
NOTE

Authority cited: Sections 200, 202, 205, 215, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code. 
HISTORY

1. Amendment of section heading, section and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
2. Amendment filed 12-27-2007; operative 1-26-2008 (Register 2007, No. 52).
§5.95. Other Species.
Note     •     History

Other species of fish may be taken in any number and at any time of the year by angling, except for closures and restrictions listed under district special regulations.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 203.1, 206, 207, 210, 217.5, 217.6, 219 and 220, Fish and Game Code.
HISTORY

1. Amendment of section and Note filed 12-27-2007; operative 1-26-2008 (Register 2007, No. 52).
Chapter 3. Trout, Salmon and Special Regulations
Article 1. District Definitions
§6.00. Definition. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer of Chapter 3 (Sections 51 through 98.8, not consecutive) and new Chapter 3 (Sections 4.00 through 26.80, not consecutive) filed 1-16-74; designated effective 3-1-74 (Register 74, No. 3). For history of former sections, see Register 71, No. 22; 72, Nos. 1, 51, 52; 73, Nos. 3, 15.
2. Repealer of Chapter 3 (Sections 4.00-26.82, not consecutive) and new Chapter 3 (Articles 1-7, Sections 6.00-13.95, not consecutive) filed 2-17-82; designated effective 3-1-82 (Register 82, No. 8).
3. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§6.05. Trout and Salmon. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§6.07. Bear Creek Trout Restrictions (San Bernadino Co.), from Big Bear Dam to Confluence of Santa Ana River. [Repealed]
Note     •     History

NOTE

Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code.
HISTORY

1. New section filed 2-11-87, designated effective 3-1-87 (Register 87, No. 9).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§6.08. Big Bear Lake Tributaries Closure (San Bernadino Co.). [Repealed]
Note     •     History

NOTE

Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code.
HISTORY

1. New section filed 2-11-87, designated effective 3-1-87 (Register 87, No. 9).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§6.10. Deep Creek Trout Restrictions (San Bernardino Co.), Only from Headwaters at Little Green Valley to Confluence of Willow Creek. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§6.13. Malibu Creek Trout Restrictions (Los Angeles Co.) Only from Mouth to Rindge Dam. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 205 and 210, Fish and Game Code.
HISTORY

1. New section filed 12-12-86; effective upon filing pursuant to Fish and Game Code Section 215.
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§6.15. Murray Lake Closure (San Diego Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 209 and 210, Fish and Game Code.
HISTORY

1. Amendment filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
2. Amendment filed 6-27-85; effective thirtieth day thereafter (Register 85, No. 26).
3. Amendment filed 2-11-87; designed effective 3-1-87 (Register 87, No. 9).
4. Amendment filed 1-3-89; operative 2-2-89 (Register 89, No. 1).
5. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§6.20. San Gabriel River, West Fork, and Tributaries Trout Restrictions (Los Angeles Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 210, 240 and 315, Fish and Game Code. Reference: Sections 200, 202, 205, 210, 240 and 315, Fish and Game Code.
HISTORY

1. Amendment filed 6-29-83 as an emergency; effective upon filing (Register 83, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-27-83.
2. Certificate of Compliance transmitted to OAL 10-26-83 (corrected Certificate of Compliance transmitted 11-21-83) and filed 11-23-83 (Register 83, No. 48).
3. Amendment filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
4. Amendment filed 7-11-84 as an emergency; effective upon filing (Register 84, No. 29). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-9-84.
5. Certificate of Compliance as to 7-11-84 order transmitted to OAL 10-11-84 and filed 10-25-84 (Register 84, No. 43).
6. Amendment filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
7. Amendment filed 5-27-87 as an emergency; operative 5-27-87 (Register 87, No. 29). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-24-87.
8. Certificate of Compliance transmitted to OAL 9-21-87 and filed 10-14-87 (Register 87, No. 42).
9. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§6.25. Upper Otay Lake Closure (San Diego Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§6.30. Ventura River and Tributaries Trout Restrictions (Ventura Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment of subsection (a) filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§6.31. North Coast District Definition.
Note     •     History

The North Coast District consists of the inland waters of all of Trinity, Humboldt and Del Norte counties and the portion of Siskiyou County northwest of a line drawn between Mt. Eddy and the Black Butte Summit railroad crossing of Interstate 5 and west of Interstate 5 between the railroad corssing and Weed, and west of Highway 97 between Weed and the Oregon border.
NOTE

Authority cited: Section 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code.
HISTORY

1. New section filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
2. Amendment filed 12-27-96; operative 12-27-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 52).
§6.32. North Central District Definition.
Note     •     History

The North Central District consists of the inland waters of all of Marin, Napa, Sonoma, Lake and Mendocino counties.
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code.
HISTORY

1. New section filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§6.33. South Central District Definition.
Note     •     History

The South Central District consists of the inland waters of all of Monterey, San Benito, San Francisco, San Luis Obispo, San Mateo, Santa Clara and Santa Cruz counties; all of Alameda County west of Interstate 680, and that portion of Alameda County which is both east of Interstate 680 and south of Interstate 580; all of Contra Costa County west of Interstate 80, and that portion of Contra Costa County which is both south of Highway 4 and west of Interstate 680.
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code.
HISTORY

1. New section filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
2. Amendment filed 12-27-96; operative 12-27-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 52).
§6.34. Southern District Definition.
Note     •     History

The Southern District consists of the inland waters of all of Los Angeles, Orange, San Diego, Santa Barbara and Ventura counties and those portions of Riverside and San Bernardino counties outside of the Colorado River District (see Section 6.37).
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code.
HISTORY

1. New section filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§6.35. Sierra District Definition.
Note     •     History

The Sierra District consists of all of Modoc, Lassen, Shasta, Sierra, Plumas, Alpine, Inyo and Mono counties; Tulare County east of the west boundaries of Sequoia National Forest and Sequoia National Park; Fresno County east of the west boundaries of Sierra and Sequoia National Forests (excluding Pine Flat Lake); Madera County east of the west boundary of Sierra National Forest; Mariposa, Tuolumne, Calaveras, Amador, El Dorado, Placer and Nevada counties east of Highway 49 (excluding Don Pedro, McClure and New Melones lakes); the portion of Siskiyou County southeast of a line drawn between Mt. Eddy and the Black Butte summit railroad crossing of Interstate 5 and east of Interstate 5 between the railroad crossing and Weed and east of Highway 97 between Weed and the Oregon border; and Tehama County excluding Black Butte Lake. Those waters excluded above are part of the Valley District (see Section 6.36).
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code.
HISTORY

1. New section filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§6.36. Valley District Definition.
Note     •     History

The Valley District consists of all of Butte, Colusa, Glenn, Kern, Kings, Merced, Sacramento, San Joaquin, Solano, Stanislaus, Sutter, Yolo and Yuba counties; Tulare County west of the west boundaries of Sequoia National Forest and Sequoia National Park; Fresno County west of the west boundaries of Sierra and Sequoia National Forests (including all of Pine Flat Lake); Madera County west of the west boundary of the Sierra National Forest; Amador, Calaveras, El Dorado, Mariposa, Nevada, Placer and Tuolomne counties west of Highway 49 (including all of Don Pedro, McClure and New Melones lakes); that portion of Alameda County which is both east of Interstate 680 and north of Interstate 580; and all of Contra Costa County east of Interstate 680 and that portion of Contra Costa County which is both north of Highway 4 and east of Interstate 80; and all of Black Butte Lake.
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code.
HISTORY

1. New section filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
2. Amendment filed 12-27-96; operative 12-27-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 52).
§6.37. Colorado River District Definition.
Note     •     History

The Colorado River District consists of Imperial County and those portions of Riverside and San Bernardino counties lying south and east of the following line: Starting at the intersection of Highway 86 with the north boundary of Imperial County; north along Highway 86 to its intersection with Interstate 10; east along Interstate 10 to its intersection with Cottonwood Springs Road; north along Cottonwood Springs Road and the Mecca Dale Road to Amboy; east along old Highway 66 to its intersection with Interstate 40; east along Interstate 40 to its intersection with Highway 95; and north along Highway 95 to the California-Nevada boundary. All of the Coachella Canal and Lake Cahuilla are included in this District.
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code.
HISTORY

1. New section filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
2. Amendment filed 12-27-2007; operative 1-26-2008 (Register 2007, No. 52).
Article 2. District General Regulations
§7.00. District General Regulations.
Note     •     History

Unless otherwise provided, waters shown as open to trout and salmon fishing in subsections (a) through (g) below, are open to fishing for other species. Gear restrictions listed in this section apply to the take of all species of fish unless otherwise noted. Every body of water listed in subsections (a) through (g) of Section 7.00 (below) is closed to all fishing, except during the open season as shown. Unless otherwise provided, waters closed to trout and salmon fishing are closed to fishing for all other species, except that these closures do not apply to fishing for amphibians (see Section 5.05), freshwater clams (see Section 5.20), crayfish (see Section 5.35), and lamprey (see Section 5.40), using legal fishing methods other than hook-and-line fishing, and saltwater clams, crabs, ghost shrimp, and blue mud shrimp (see Ocean Regulations Booklet Sections 29.20 to 29.87). Crabs may only be taken using hoop nets or by hand, and Dungeness crab may only be taken within the North Coast District and Sonoma and Mendocino counties. 
Daily bag and possession limits, unless otherwise provided, mean the total number of trout and salmon in combination. Unless otherwise provided, no more than one daily bag limit may be possessed. Coho (silver) salmon may not be taken in any of the waters of the State, except in Lake Oroville and Oroville-Thermalito Complex (Diversion Pool, Forebay, and Afterbay) and the Feather River from the Diversion Pool Dam to the Fish Barrier Dam. Incidentally hooked Coho (silver) salmon, except those in Lake Oroville and Oroville-Thermalito Complex (Diversion Pool, Forebay, and Afterbay) and the Feather River from the Diversion Pool Dam to the Fish Barrier Dam, must be immediately released unharmed to the waters where they are hooked. In waters where the bag limit for trout or salmon is zero, fish for which the bag limit is zero must be released unharmed, and should not be removed from the water.
These waters may also be subject to restrictions on fishing methods and gear (sections 2.00 through 2.45), fishing hours (section 3.00), and the use of bait (sections 4.00 through 4.30).

	District/Water	Open	Daily Bag
	 	Season	and 
			Possession
 			Limit

 (a) North Coast District

 (1) No trout or salmon may be taken in 
the North Coast District except as 
provided in subsection (2), (3) and (4) 
below and the Alphabetical 
List of Waters with Special 
Regulations.

    (2) All lakes and reservoirs 	All year.	5 per day
except those listed by name 		10 in
in the Special Regulations.		possession

 (3) Anadromous waters of the	Closed to all fishing
Klamath and Trinity River Systems,	all year.
and those entering the ocean south of
Humboldt Bay, which are not listed
in the Special Regulations.

 (4) All anadromous waters tributary	Fourth Saturday in May	0
to Humboldt Bay, and north of 	through Oct. 31. Only
Humboldt Bay, except those of the	artificial lures with barbless
Klamath and Trinity river systems	hooks may be used.
and those listed by name in the	
Special Regulations.

 (5) All streams except anadromous	Last Saturday in Apr.	5 trout per day,
waters and those listed by name in the	through Nov. 15.	10 in 
Special Regulations.		possession

(NOTE: A list of the non-anadromous
waters opened to trout fishing (STREAMS AND PORTIONS 
OF STREAMS NOT LISTED IN THE SPECIAL REGULATIONS
THAT ARE OPEN TO TROUT FISHING FROM THE LAST
SATURDAY IN APRIL THROUGH NOVEMBER 15
(New 6-12-98), which is incorporated by reference herein)
is available from the Department's Region 1 
Office, 601 Locust Street, Redding, CA 96001
(Telephone: (530) 225-2300).

 (6) SPECIAL BROOK TROUT BONUS BAG AND POSSESSION LIMIT: UP TO 10 BROOK TROUT PER DAY LESS THAN 8 INCHES TOTAL LENGTH MAY BE TAKEN AND POSSESSED IN ADDITION TO THE OTHER DAILY BAG AND POSSESSION LIMITS SPECIFIED FOR THE NORTH COAST DISTRICT. 

 (b) Sierra District

 (1) Anadromous waters of Tehama	Last Saturday in Apr.	0 trout or
and Shasta counties not listed in the	through Nov. 15.	steelhead
Special Regulations. (Section 7.50).	Only artificial lures	Closed to
(See subsections (b)(156) and 	and barbless hooks may	salmon
(b)(156.5) of Section 7.50, regarding	be used.	fishing.
the Sacramento River.)		No take or
		possession of
		salmon.

 (2) All lakes and reservoirs	All year.	5 per day
except those in the Fall River		10 in
Valley, those in Inyo and Mono		possession
counties and those listed by
name in the Special Regulations.

 (3) All streams, lakes and 	Last Saturday in Apr.	5 per day
reservoirs in Inyo and Mono counties,	through Nov. 15.	10 in
except those listed by name in the 		possession
Special Regulations.

 (4) All streams, lakes and reservoirs	Last Saturday in Apr.	2
in the Fall River Valley above the	through Nov. 15.
Pit No. 1 Powerhouse on Fall River
in Shasta County, except those listed
by name in the Special Regulations.

 (5) All streams in Lassen and	Saturday preceding	5 per day
Modoc counties east of Highway 395	Memorial Day through	10 in
and north of Clarks Valley Road.	Nov. 15.	possession
Clarks Valley Road is defined as
those portions of county routes 510,
512 and 506 running easterly from
the town of Madeline to the Nevada
border.

 (6) All other streams except	Last Saturday in Apr.	5 per day
those listed by name in the Special	through Nov. 15.	10 in
Regulations.		possession

 (7) Mono County waters, when
closed to trout fishing, are closed to all
fishing, except for the unrestricted
portions of Fish Slough which are open
to fishing all year. Also, see Mono 
County waters listed in sections 5.00
and 7.50.

 (10) SPECIAL BROOK TROUT BONUS BAG AND POSSESSION LIMIT:

 (A) IN SIERRA DISTRICT WATERS OF SISKIYOU, SHASTA AND TEHAMA COUNTIES, UP TO 10 BROOK TROUT PER DAY LESS THAN 8 INCHES TOTAL LENGTH MAY BE TAKEN AND POSSESSED IN ADDITION TO THE OTHER DAILY BAG AND POSSESSION LIMITS SPECIFIED FOR THE SIERRA DISTRICT.

 (B) IN THE SIERRA DISTRICT SOUTH OF INTERSTATE 80, UP TO 10 BROOK TROUT PER DAY LESS THAN 10 INCHES TOTAL LENGTH MAY BE TAKEN AND POSSESSED IN ADDITION TO THE OTHER DAILY BAG AND POSSESSION LIMITS SPECIFIED FOR THE SIERRA DISTRICT. THIS ALLOWANCE DOES NOT INCLUDE RED LAKE IN ALPINE COUNTY OR KIRMAN, LANE OR ROOSEVELT LAKES IN MONO COUNTY.

	(c) North Central District		5
	 (1) All lakes and reservoirs except	All year.
	those listed by name in the Special 	
	Regulations.	
	 (2) All streams except those listed 	Closed to all fishing 	
	by name in the Special Regulations.	all year.
	 (3) The tidewaters of all streams 	All year	
	except those listed by name in the 	Closed to all fishing
	Special Regulations. Note: Some	all year.
	waters within this district are tide
	waters regulated by regulations for the
	ocean and San Francisco Bay District
	(see sections 1.53 and 27.00)

	(d) Valley District
	  (1) All lakes and reservoirs except 	All year.	5
	those listed by name in the Special 
	Regulations.

	(2) All anadromous waters except	All year.	0 trout or
	those listed by name in the Special 		steelhead
	Regulations (See definition of 		Closed to salmon
	anadromous waters, Section 1.04).		fishing.
			No take or
			possession of
			salmon.

	(3) All streams except anadromous	All year	5
	waters and those listed by name in the 
	Special Regulations.		
	 (e) South Central District		
	 (1) All lakes and reservoirs except 	All year	5
	those listed by name in the Special 
	Regulations.

	(2) That portion of any stream west 	Dec. 1 through Mar. 7,	0
	of any Highway 1 bridge except	but only on Sat., Sun., Wed.,
	those listed by name in the	legal holidays and opening
	special regulations.	and closing days. Only barbless 
		hooks may be used.

 (3) All streams in Alameda, Contra 	Last Saturday in Apr.	5
Costa, and Santa Clara Counties			through Nov. 15
except those listed by name in the 
Special Regulations.
 (4) All other streams and portions	Closed to all fishing 	
of streams except those listed in 			all year
subsection (e)(2) above or by	
name in the Special Regulations.
 (f) Southern District	

(1) All lakes and reservoirs except 	All year.	5
 those listed by name in the Special
Regulations.
 (2) All streams except anadromous 	All year. Only artificial	2
waters in San Diego County, and			lures with barbless
except those listed by name in the 			hooks may be used.
Special Regulations.

 (3) All streams except anadromous	All year.	5
waters in Los Angeles, Ventura,
Santa Barbara, Orange, San
Bernardino and Riverside 
Counties, and except those
listed by name in the Special
Regulations.

 (4) All anadromous waters			Closed to all fishing all
except those listed by name in			year.
the Special Regulations (See
definition of anadromous waters,
Section 1.04)
 (5) All streams and tributaries	All year	5
(except those listed by name in
the Special Reguilations) above
Twitchell Dam on the Cuyama 
River, above Bradbury Dam 
and below Gibraltar Dam on the
San Ynez River; above Matilja
Dam on Matilija Creek and 
above Wheeler Gorge
Campground on NF Matilija Creek;
and above Rindge Dam on Malibu 
Creek.

 (g) Colorado River District

 (1) The Colorado River and its 	All year	10
back waters
 (2) All other waters	All year	5
NOTE

Authority cited: Sections 200, 202, 205, 220 and 240, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. 
HISTORY

1. Repealer and new section filed 3-1-90; operative 3-1-90 (Register 90, No. 10). For prior history, see Register 89, No. 46.
2. New subsections (a)(4) and (b)(7) filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
3. New subsections (a)(5) and (c)(4) and amendment of subsections (a)(1)-(3), (b)(2)-(4) and (c)(1)-(3) filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code section 202 and 215 (Register 94, No. 10).
4. Amendment of first paragraph, subsections (b)(7) and (f) and new subsections (f)(1)-(5) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
5. Editorial correction of subsection (b)(3) (Register 97, No. 26).
6. Amendment of subsections (a)(5), (b)(7), (c)(4) and (e)(2), new subsection (f)(2), subsection renumbering, amendment of newly designated subsection (f)(3), and amendment of Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
7. Amendment of subsections (a)(1) and (a)(3), repealer of subsection (a)(5), amendment of subsections (c)(2)-(3), repealer of subsection (c)(4) and amendment of Note filed 2-11-98 as an emergency; operative 2-11-98 (Register 98, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-11-98 or emergency language will be repealed by operation of law on the following day.
8. Editorial correction restoring inadvertently deleted subsections (b)-(b)(7)(B) and correcting subsection (c)(3) and History 7 (Register 98, No. 11).
9. Amendment of subsections (a)(1) and (a)(3), repealer of subsection (a)(5), amendment of subsections (c)(2)-(3), repealer of subsection (c)(4) and amendment of Note refiled 3-13-98 as an emergency; operative 3-13-98 (Register 98, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-13-98 or emergency language will be repealed by operation of law on the following day.
10. New subsection (a)(3), subsection renumbering, and amendment of newly designated subsection (a)(4) filed 5-15-98 as an emergency; operative 5-15-98 (Register 98, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-14-98 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 3-13-98 and 5-15-98 orders, including additional amendment of first paragraph and subsections (a)(3), (a)(4), (d)(2), (d)(3), (e)(2) and (f)(6), transmitted to OAL 7-7-98 and filed 8-11-98 (Register 98, No. 33).
12. Repealer and new subsection (a)(3), new subsections (a)(4) and (b)(5), subsection renumbering, amendment of newly designated subsection (b)(7), and amendment of subsections (e)(2) and (e)(4) filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
13. Amendment of first paragraph and subsections (b)(1) and (b)(3), new subsection (b)(4) and subsection renumbering filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
14. Amendment of first paragraph filed 6-19-2003; operative 7-19-2003 (Register 2003, No. 25).
15. Amendment of subsection (b)(1), repealer of former subsection (b)(3), subsection renumbering, amendment of newly designated subsection (b)(3) and subsections (e)(2) and (f)(2)-(5) and repealer of subsection (f)(6) filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9). 
16. Amendment of subsection (b)(5), new subsection (b)(6), subsection renumbering, amendment of newly designated subsection (b)(8) and subsections (c)(3) and (f)(5) filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
17. Amendment of subsections (b)(1) and (d)(2) filed 5-26-2009; operative 5-26-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 22). 
18. Amendment of first paragraph, new third paragraph, repealer of subsection (b)(6), subsection renumbering and amendment of newly designated subsection (b)(6) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
19. Amendment of subsection (b)(1) filed 6-16-2011; operative 6-16-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 24). 
20. Amendment of first paragraph filed 1-9-2012; operative 2-8-2012 (Register 2012, No. 2).
§7.05. Trout. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219, and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10). For prior history, see Register 89, No. 46.
§7.10. Imperial County Special Closure. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219, and 220, Fish and Game Code. Reference: Sections 200 and 205, Fish and Game Code.
HISTORY

1. Repealer filed 2-11-87; designated effective 3-1-87 (Register 87, No. 9).
§7.15. Sunbeam Lagoon Closure (Imperial Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 220 and 240, Fish and Game Code. Reference: Sections 200 and 205, Fish and Game Code.
HISTORY

1. New section filed 11-14-89 as an emergency; operative 11-14-89 (Register 89, No. 46). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 3-14-90.
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
Article 3. Alphabetical List of Waters with Special Fishing Regulations
§7.50. Alphabetical List of Waters with Special Fishing Regulations.
Note     •     History

(a) General Provisions:
(1) Unless otherwise provided, waters shown as open to trout and salmon fishing below, are open to fishing for other species. Every body of water listed below is closed to all fishing except during the open season as shown. Gear restrictions listed in this section apply to the take of all species of fish unless otherwise noted.
(2) Unless otherwise provided, waters closed to trout and salmon fishing are closed to fishing for all other species, except that these closures do not apply to fishing for amphibians (see Section 5.05), freshwater clams (see Section 5.20), crayfish (see Section 5.35), and lamprey (see Section 5.40), using legal fishing methods other than hook-and-line fishing, and saltwater clams, crabs, ghost shrimp, and blue mud shrimp (see Ocean Regulations Booklet Sections 29.20 to 29.87). Crabs may only be taken using hoop nets or by hand, and Dungeness crab may only be taken within the North Coast District and Sonoma and Mendocino counties.
(3) Daily bag and possession limits, unless otherwise noted, mean the total number of salmon or trout in combination.
(4) Unless otherwise provided, it is unlawful to possess more than one daily bag limit.
(5) These waters may also be subject to restrictions on fishing methods and gear (sections 2.00 through 2.40), fishing hours (section 3.00), and the use of bait (sections 4.00 through 4.30).
(b)

		 	Daily Bag
	 		and 
		Open Season and	Possession
	 Body of Water	Special Regulations	Limit

 (1) Alambique Creek (San Mateo 	Last Saturday in Apr.	5 trout
Co.).	through Nov. 15	

 (1.5) Alameda Creek and	
tributaries (Alameda and Santa Clara	
cos.).	

 (A) Alameda Creek and tributaries 	Closed to all fishing 
downstream of San Antonio, 	all year.
Calaveras, and Del Valle Reservoirs
except for Arroyo Del Valle between 
Bernal Ave. and the Thiessen St. 
intersection with Vineyard Ave.
 1. Arroyo Del Valle between 	All year. Only artificial	0
Bernal Ave. and the Thiessen St.	lures with barbless hooks
intersection with Vineyard Ave.	may be used.

 (B) Alameda Creek tributaries	Last Saturday in Apr. 	0
upstream of San Antonio, Calaveras, 	through Nov. 15. 
and Del Valle Reservoirs.	Only artificial lures with 
	barbless hooks may be used.

 (2) Albion River (Mendocino Co.).		
Also see Section 8.00(b).		
 Main stem below the	Fourth Saturday in May	0
confluence of South Fork Albion.	through Oct. 31. Only
 	artificial lures with
	barbless hooks may be
	used.
	Nov. 1 through Mar. 31.	2 hatchery
	Only barbless hooks may	trout or
	be used.	hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession 
 (3) Alder Creek (Mendocino Co.). 
Also see Section 8.00(b).		
 Main stem below Tramway Gulch.	Fourth Saturday in May	0
	through Oct. 31. Only
 	artificial lures with
	barbless hooks may be
	used.
	Nov. 1 through Mar. 31.	2 hatchery
	Only barbless hooks may	trout or
	be used.	hatchery 
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession 
 (4) Almanor Lake tributaries 	Saturday preceding	5 per day
(Lassen, Plumas and Shasta Cos.) 	Memorial Day through	10 in
upstream to the first lake.	Nov. 15	 possession	
 (4.5) American River, North Fork, 	Last Saturday in 	5 per day 
Middle Fork, South Fork and their 	Apr. through 	10 in 
tributaries above Folsom Lake 	Nov. 15.	possession
(Placer, Eldorado, Amador, 
and Alpine cos.)	Nov. 16 through 	0
	the Friday preceding 
	the last Saturday 
	in Apr. Only artificial 
	lures with barbless 
	hooks may be used.
 (5) American River (Sacramento 
Co.)		
 (A) From Nimbus Dam to the 	Jan. 1 through July 15.	2 hatchery
Hazel Avenue bridge piers.		trout or
		hatchery	
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		Closed to the
		take of salmon.

	July 16 through Dec. 31.	2 hatchery
		trout or
		hatchery	
		steelhead**
		4 hatchery

		trout or
		hatchery
		steelhead**
		in possession
		2 Chinook
		salmon
 (B) From Hazel Avenue bridge	Jan. 1 through July 15.	2 hatchery
piers to the U.S. Geological 	Only barbless hooks may	trout or
Survey gauging station cable 	be used.	hatchery	
crossing about 300 yards 		steelhead**
downstream from the Nimbus		4 hatchery
Hatchery fish rack site.		trout or
		hatchery
		steelhead**
		in possession
		Closed to the
		take of salmon.
	July 16 through 	2 hatchery
	Aug. 15. Only	trout or
	barbless hooks may	hatchery	
	be used.	steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		2 Chinook
		salmon

 (C) From the U.S. Geological 	Jan. 1 through July 15.	2 hatchery
Survey gauging station cable 	Only barbless hooks	 trout or
crossing about 300 yards down--	may be used.	hatchery
stream from the Nimbus Hatchery		steelhead**	
fish rack site to the SMUD power 		4 hatchery
line crossing at the southwest 		trout or
boundary of Ancil Hoffman Park.		hatchery
		steelhead**
		in possession
		Closed to the
		take of salmon.
	July 16 through Oct. 31.	2 hatchery
	Only barbless hooks	trout or
	may be used.	hatchery	
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		2 Chinook
		salmon

 (D) From the SMUD power line 	Jan. 1 through	2 hatchery
crossing at the southwest boundary 	July 15.	trout or
of Ancil Hoffman Park down--		hatchery
stream to the Jibboom Street bridge.		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		Closed to the
		take of salmon.
	July 16 through	2 hatchery
	Dec. 31.	trout or
		hatchery
		steelhead**

		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		2 Chinook
		salmon

 (E) From the Jibboom Street	Jan. 1 through	2 hatchery
bridge to the mouth.	July 15.	trout or
		hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		Closed to the
		take of salmon.
	July 16 through	2 hatchery
	Dec. 16.	trout or
		hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		2 Chinook
		salmon
	Dec. 17 through	2 hatchery
	Dec. 31.	trout or
		hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		Closed to the
		take of salmon.

 (6) Antelope Creek (Tehama Co.).
 (A) From confluence with 	Last Saturday in April	0 trout or
North Fork downstream to U.S. 	through Nov. 15.	steelhead
Geological Survey gauging	Only artificial lures 	Closed to 
station cable crossing at	with barbless hooks	salmon fishing.
mouth of Antelope Creek	may be used.	No take or
Canyon.		possession of
		salmon.

 (B) From U.S. Geological	June 16 through	0 trout or
Survey gauging station	September 30.	steelhead
cable crossing at mouth		Closed to salmon
of Antelope Creek Canyon		 fishing.
downstream to mouth of		No take or
Antelope Creek.		possession of
		salmon.

 (6.5) Antelope Lake tributaries	Saturday preceding 	5 per day
(Plumas Co.).	Memorial Day through	10 in
	Nov. 15	possession

 (7) Applegate River and tributaries 	Last Saturday in Apr.	5 per day
(Siskiyou Co.).	through Nov. 15	10 in				possession
 (8) Aptos Creek (Santa Cruz Co.) 	Dec. 1 through Mar. 7,	 0
from mouth to bridge on	but only on Sat., Sun.,Wed.,	
Aptos Creek Road.	legal holidays and opening
Also see Section 8.00(c).	and closing days. Only barbless 
	hooks may be used.
 (9) Arroyo de los Frijoles above 	Last Saturday in Apr.	5 trout
Lake Lucerne (San Mateo Co.).	through Nov. 15.	

 (10) Arroyo Grande Creek (San 		
Luis Obispo Co.).		
 (A) Above Lopez Reservoir.	Last Saturday in Apr.	5, but only
	through Nov. 15.	2 salmon
 (B) From mouth to	Closed to all fishing all
Lopez Canyon Dam.	year.
 (11) Arroyo Leon (San Mateo Co.).	Closed to all fishing	
	all year.	

(12) Arroyo Seco River (Monterey 		
Co.). Also see Section 8.00(c).
 (A) The main stem Arroyo Seco 	Last Saturday in Apr.	5
and tributaries above the waterfall 	through Nov. 15.
located approximately 3.5 miles 
upstream from the U.S. Forest 
Service Ranger Station.		

 (B) The main stem Arroyo Seco	Dec. 1 through Mar. 7,	0
and tributaries below the waterfall 	but only on Sat., Sun.,Wed.,
located approximately	legal holidays and opening
3.5 miles upstream from the U.S. 	and closing days. Only barbless
Forest Service Ranger Station.	hooks may be used.	
 (12.5) Auburn Ravine Creek	Fourth Saturday in May	0 trout
and tributaries (Placer Co.) east	through Oct. 14.	Closed to salmon
of Nelson Lane.		 fishing.
		No take or
		possession of
		salmon.

 (13) Balm of Gilead Creek (Trinity 	See Eel River 7.50(b)(63).	
Co.).		
 (13.5) Bass Lake (Siskiyou Co.).	Feb. 1 through Sept. 30.	5
 (14) Battle Creek (Shasta and 		
Tehama Cos.).		
 (A) From mouth to Coleman Fish 	Closed to all fishing all year.
Hatchery weir.  		

 (B) From 250 feet upstream from 	Last Saturday in Apr.	0 trout or
the Coleman National Fish Hatchery 	through Nov. 15. Only	steelhead
upstream to Angel Falls (near	artificial lures with	Closed to
Mineral) on the South Fork and to	barbless hooks may	salmon  fishing.
Ponderosa Way Bridge on the	 be used.	No take or
North Fork.		possession of
		salmon.
 (15) Bear Creek and tributaries 	Saturday preceding	5 per day
(Shasta and Siskiyou Cos.) 	Memorial Day through	10 in
between Pondosa Way bridge 	Nov. 15	possession
and confluence with Fall River.

 (17) Bear Creek (San Bernardino 	All year.	2
Co.) from Big Bear Dam to 	Only artificial lures with
confluence of Santa Ana River.	barbless hooks may be used
 (18) Bear River (Humboldt Co.) 	Fourth Saturday in May	2 hatchery
downstream from County Road 	through Mar. 31. Only	trout or
Bridge at Capetown, excluding 	artificial lures with	hatchery
tributaries.	barbless hooks may	steelhead**
	be used.	4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
 (18.5) Bear River and tributaries
(Placer Co.)		

 (A) From Highway 20 south 	Last Saturday in Apr.	5 per day
(downstream) 2.5 miles to the	through Nov. 15.	10 in 
abandoned concrete dam (the	Maximum size limit: 14	possession
Boardman Diversion Dam).	inches total length.	

 (B) From Highway 65 to the South 	Fourth Saturday in May	0 trout
Sutter Irrigation District	through Oct. 14.	Closed to
Diversion Dam.		salmon fishing.
		No take or
		possession of
		salmon.

 (19) Berryessa Lake tributaries	Last Saturday in Apr.	5
(Lake and Napa Cos.).	through Nov. 15	
 (19.5) Big Bear Lake	Saturday preceding	5 per day
tributaries (San Bernardino Co.)	Memorial Day through	10 in 
	last day of Feb. 	possession

 (20) Big Chico Creek (Butte Co.).			
 (A) From mouth to Bear Hole,	June 16 through Oct. 15.	0 trout or
located approximately one mile		steelhead
downstream from the upper end of 		Closed to
Bidwell Park		 salmon
		fishing.
		No take or
		possession of
		salmon.
	Oct. 16 through Feb. 15. 	0 trout or
	Only artificial lures 	steelhead
	with barbless hooks may 	Closed to
	be used.	 salmon
		fishing.
		No take or

		possession of
		salmon.
 (B) From Bear Hole to the upper	Nov. 1 through April 30.	0 trout or
boundary of the Big Chico Creek	Only artificial lures with	steelhead
Ecological Reserve	barbless hooks may be used.	Closed to
		salmon
		 fishing.

		No take or
		possession of
		salmon.
 (C) From the upper boundary	Closed to all fishing all year.	
of the Big Chico Creek Ecological
Reserve to Higgins Hole Falls, 
located about one-half mile upstream 
from Ponderosa Way.		

 (21) Big Lagoon (Humboldt Co.).	All year. Only barbless	2 cutthroat
For purposes of this regulation, the	hooks may be used.	trout. No
boundary between Big Lagoon and	Cutthroat trout	other salmonids
Maple Creek is the first private	minimum size limit:	shall be taken.
road bridge, located approximately	10 inches.
1/2 mile southeast of the Highway
101 bridge crossing.		
 (22) Big River (Mendocino Co.). 	
Also see Section 8.00(b).		
 Main stem below the 	Fourth Saturday in May	0
confluence of Two Log Creek.	through Oct. 31. Only
 	artificial lures with
	barbless hooks may be
	used.
	Nov. 1 through Mar. 31.	2 hatchery
	Only barbless hooks may	trout or
	be used.	hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
 (23) Big Sur River (Monterey Co.).
Also see Section 8.00(c).
 (A) Big Sur river and tributaries 	Fourth Saturday in May 	0
above the upstream end of the gorge 	through Oct. 31. Only 
pool at the boundary of Pfeiffer 	artificial lures with 
Big Sur State Park with the 	barbless hooks may be used. 
Ventana Wilderness Area.

 (B) Big Sur river within Pfeiffer	Closed to fishing all year. 
Big Sur State Park, east of the 
Highway 1 bridge, to its boundary 
with the Ventana Wilderness Area. 

 (23.5) Big Tree Creek	Closed to all fishing all year.
(Calaveras Co.) Within Calaveras	
Big Trees State Park (upstream of	
the Highway 4 culvert crossing).	
 (24) Big Trees Creek (Tuolumne 	Closed to all fishing
Co.) upstream from the confluence 	all year
of Beaver Creek.

 (25) Black Butte River and 	Closed to all fishing
tributaries (Glenn Co.) except Cold 	all year
Creek.
 (25.3) Bodfish Creek and 	Closed to all 
tributaries (Santa Clara Co.)	fishing all year.
 (25.5) Boggy Creek (Fresno Co.)	June 1 through 	5 per day
and tributaries (tributary to Thomas	October 15.	10 in
Edison Lake).		possession
 (26) Bogus Creek (Siskiyou Co.).	See Klamath River 
	7.50(b)(91.1).

 (26.5) Bridgeport Reservoir
Tributaries (Mono Co.).
All Bridgeport Reservoir tributaries	Last Saturday in April	1
except Swauger Creek, from	through the Friday
Bridgeport Reservoir upstream	preceding Memorial
to Highway 395, and Swauger	Day and Oct. 1 through 
Creek, from Bridgeport Reservoir	Nov. 15. Minimum size
upstream to the private property	limit: 18 inches total length.
fence line above the Forest Service	Only artifical lures with
campground.	barbless hooks may be used.
	Saturday preceding 	5 per day
	Memorial Day through	10 in
	Sep. 30.	possession
 (27) Brush Creek (Mendocino
Co.). Also see Section 8.00(c).

 Main stem below the Lawson	Fourth Saturday in May	0
 bridge.	through Oct. 31. Only
 	artificial lures with
	barbless hooks may be
	used.

	Nov. 1 through Mar. 31.	2 hatchery
	Only barbless hooks may	trout or
	be used.	hatchery

		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession

 (28) Bucks Lake tributaries 	Saturday preceding	5 per day
(Plumas Co.).	Memorial Day through 	10 in 
	Sept. 30.	possession
 (28.5) Burney Creek	Last Saturday in April	2 trout
(Shasta Co.) from Burney	through Nov. 15.	 Maximum
Creek Falls downstream to 	Only artificial lures with 	size limit:
Lake Britton.	barbless hooks may  	14 inches
	be used.	total length.
 (29) Butano Creek (San Mateo		
Co.).		
 (A) Above Butano Falls.	Last Saturday in Apr.	5 trout
	through Nov. 15.	
 (B) From mouth to country 	Dec. 1 through Mar. 7,	0
bridge on Pescadero--Bean 	but only on Sat., Sun.,Wed.,	
Hollow Road.	legal holidays and opening 
	and closing days. Only barbless
	hooks may be used.
 (30) Butt Creek and Butt Valley	
Reservoir Powerhouse Outfall
(Plumas Co.).
 (A) Butt Creek.	Saturday preceding	5 per day
	Memorial Day through	10 in
	Nov. 15.	possession
 (B) Butt Valley Reservoir 	Saturday preceding	2
powerhouse outfall, from the	Memorial Day through
powerhouse, downstream to a 	Feb. 28.
marker adjacent to Ponderosa 
Flat Campground.
 (31) Butt Valley Reservoir (Plumas 
Co.).	All year	2
 (32) Butte Creek (Butte and 
Sutter Cos.).
 (A)   From the Oro-Chico Road 	November 15 through	0 trout
bridge crossing south  of Chico to	February 15. Only 	Closed to
the Centerville Head Dam, located 	artificial lures with	salmon fishing.
300 yards downstream from the 	barbless hooks may 	No take or
DeSabla Powerhouse below	be used.	possession of
 DeSabla Reservoir.		salmon.

 (B) From the Oro-Chico Road 	Closed to trout and salmon
bridge crossing south of Chico	fishing all year. 
to the point that Butte Creek	Open all year to fishing
enters the Sacramento River	for other species.
both via Butte Slough outfall
gates at Moon's Bend and through
Butte Slough, thence both the
East and West Canals of the Sutter
Bypass, thence Sacramento Slough.

 (33) By--Day Creek and tributaries 	Closed to all fishing
(Mono Co.).	all year 
(34) Cache Creek and tributaries	Last Saturday in Apr.	5
(Lake Co.).	through Nov. 15

 (35) Calaveras River downstream 	Fourth Saturday in May	2 hatchery
from New Hogan Dam and the	through Mar. 31. Only	trout or
diverting canal (Mormon Slough)	artificial lures with barbless	hatchery
from Bellota Weir downstream to	hooks may be used.	steelhead**
Interstate Highway 5 (Calaveras and		4 hatchery
San Joaquin cos.).		trout or
		hatchery
		steelhead**
		in possession

 (35.5) Calleguas Creek and	All year.	5
tributaries (Ventura Co.).
 (35.6) Canyon Creek upstream	Last Saturday in April	2
of the falls located about four	through November 15.
miles north of the wilderness area
boundary. (Trinity Co.)
 (35.7) Caribou Reservoir	Last Saturday in Apr. 	 2
(Plumas County) 	through Nov. 15 
 (36) Carmel River and tributaries	Last Saturday in Apr.	5, trout,

 above Los Padres Dam (Monterey 	through Nov. 15.	no more
Co.).	No rainbow trout less than 	than 2 of
	10 inches or greater than 	which
	16 inches total length may	  may be
	be kept. Only artificial 	rainbow
	lures with barbless	trout.
	hooks may be used.	

 (37) Carmel River below Los
Padres Dam. (Monterey Co.)

 (A) Carmel River tributaries below	Closed to all fishing all year.	 
Los Padres Dam and main stem
from Los Padres Dam to the bridge 
at Robles Del Rio/Esquiline roads
(Rosie's Bridge).

 (B) Carmel River main stem below	Dec. 1 through Mar. 7, 	0
the bridge at Robles Del Rio/Esquiline	but only on Sat., Sun., Wed., 
roads (Rosie's Bridge). Also, see	legal holidays and opening and 
Section 8.00(c).	closing days. Only artificial lures 
	with barbless hooks may be used.

 (38) Carson River, East Fork 	
and tributaries (Alpine Co.).
 (A) Carson River, East Fork 	Closed to all fishing 	
and tributaries above Carson Falls.	all year
 (B) Carson River, East Fork from 	All year. Only artificial	0
Hangman's Bridge downstream 	lures with barbless hooks
to Nevada State Line.	 may be used.
 (39) Cassel Forebay (Hat Creek) 	See Hat Creek #1 7.50(b)(75).
(Shasta Co.)	
	
 (39.3) Castle Creek (Shasta Co.) 	Last Saturday in Apr. 	0
	through Nov. 15. 
	Only artificial lures with 
	barbless hooks may be used. 
 (39.5) Ceder Creek and tributaries	Closed to all fishing
upstream from Moon Lake access	all year
road (Lassen Co.).
 (40) Chorro Creek (San Luis	Dec. 1 through Mar. 7,	0
Obispo Co.) from the point that	but only on Sat., Sun.,Wed.,
Chorro Creek enters Midway Marina	legal holidays and opening
in Morro Bay upstream to the twin 	and closing days. 
bridges on South Bay Boulevard.	Only barbless hooks
	may be used.
 (41) Chowchilla River (Madera	Closed to all fishing
and Mariposa Cos.) from Eastman	all year
Lake upstream to West and East
Forks and the West Fork Chow--
chilla River from its mouth upstream
to the Highway 49 bridge.
 (42) Clear Lake tributaries (Lake 	Last Saturday in Apr.	5
Co.).	through Nov. 15
 (42.3) Codornices Creek 	Closed to all fishing all year 
(Alameda Co.). 
 (42.5) Cold Creek (Fresno Co.)	June 1 through	5 per day
and tributaries (tributary to Thomas	October 15.	10 in
Edison Lake).		 possession

 (43) Convict Creek (Mono Co.).
 (A) Convict Creek, including	Closed to all fishing
side channels and meanders,	all year.
in the U.C. study area as posted.
This area begins about 1/2 mile
above the Highway 395 bridge
and extends upstream about
1/2 mile.

 (B) Convict Creek	Last Saturday in April	2
downstream of the U.C.	through the Friday
study area.	preceding Memorial Day
	and Oct. 1 through Nov.
	15. Minimum size limit:
	18 inches total length.
	Only artificial lures
	with barbless hooks may
	be used.
	Saturday preceding	5 per day
	Memorial Day	10 in
	through Sept. 30.	possession.

 (C) Convict Creek	Last Saturday in April	5 per day
upstream of the U.C.	through Nov. 15.	10 in
study area.		possession.
 (43.5) Coon Creek and tributaries	Fourth Saturday in May	0 trout
(Placer Co.) east of Highway 65.	through Oct. 14.	Closed to salmon
		 fishing.
		No take or

		possession of
		salmon.
 (43.6) Coon Creek	Closed to fishing all
(San Luis Obispo Co.)	year.
 (44) Corral Valley Creek and 	Closed to all fishing
tributaries (Alpine Co.).	all year

 (45) Corralitos Creek (Santa Cruz 	Dec. 1 through Mar. 7,	0
Co.) from mouth to Browns Valley 	but only on Sat., Sun.,	
Road. Also see Section 8.00(a).	Wed., legal holidays and 
	opening and closing days.
	Only barbless
	hooks may be used.

 (46) Cosumnes River (Sacramento 	Jan. 1 through Oct. 15. Only	0
Co.) from Highway 99 bridge 	barbless hooks may be
upstream to the Latrobe vehicle 	used.
bridge.
 (47) Cottoneva Creek (Mendocino 
Co.). Also see Section 8.00(b).

 Main stem below the 	Fourth Saturday in May	0
confluence of South Fork 	through Oct. 31. Only
Cottoneva Creek.	artificial lures with barbless 
	hooks may be used.
	Nov. 1 through Mar. 31.	2 hatchery

	Only barbless hooks may	trout or
	be used.	hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
 (48) Cottonwood Creek (Inyo Co.).
 (A) Cottonwood Creek main stem 	July 1 through Nov. 15.	0
between mouth of Little Cotton--	Only artificial lures with
wood Creek and South Fork of 	barbless hooks may be used
Cottonwood Creek.
 (B) Cottonwood Creek (1) and	July 1 through Nov. 15.	5
tributaries upstream from the 	Only artificial lures with 
confluence of South Fork,	barbless hooks may be used
(2) Little Cottonwood Creek and 
tributaries,  (3) the South Fork of 
Cottonwood Creek and tributaries, and 
(4) the unnamed tributary flowing through 
Horseshoe Meadow.
 (49) Cottonwood Creek drainage 	
lakes (Inyo Co.).
 (A) Cottonwood Lakes 1, 2, 3 and 	July 1 through Nov. 15.	0
4 and their tributaries (Inyo Co.). 	Only artificial lures with
	barbless hooks may be used.
 (B) All remaining Cottonwood 	July 1 through Nov. 15.	5
Creek drainage lakes.	Only artificial lures with
	barbless hooks may be used
 (49.5) Cottonwood Creek and	Saturday preceding Memorial	0
tributaries (Modoc Co.).	Day through Nov. 15.
	Only artificial lures with
	barbless hooks may be used.

 (50) Cottonwood Creek, North Fork 	Closed to all fishing 
and tributaries (White Mountains, 	all year
Mono Co.).

 (50.5) Cow Creek and tributaries	Closed to all fishing
upstream from Forest Service road	all year
9S10 (Fresno Co.).
 (50.8) Coyote Creek (Santa 	Last Saturday in April through 	0
Clara Co.) Also see Section 8.00(c).	November 15. Only artificial	
	lures and barbless hooks 	
	may be used. 	

 (51) Coyote Valley Creek and 	Closed to all fishing 
tributaries (Alpine Co.).	all year
 (52) Crooked Creek (Mono Co.).
 (A) Crooked Creek	Closed to all fishing all
below the City of Los	year.
Angeles gauging station.
 (B) Crooked Creek	Last Saturday in April	0
and tributaries above	through Nov. 15. Only
the Los Angeles gauging	artificial lures with
station.	barbless hooks may be
	used.

 (53) Crowley Lake (Mono Co.).
(See individual listings for
regulations on tributary waters
which include: Convict,
Crooked, Hilton, Hot, McGee,

and Whiskey creeks and the
upper Owens River).
 (A) Crowley Lake within 1,800 	Closed to all fishing
feet of the outlet dam (this area is 	all year for safety purposes.
marked with a series of buoys).

 (B) Crowley Lake, except for the 	Last Saturday in Apr.	5 per day
closed area near the outlet dam 	through July 31.	10 in
(see above).		possession
	Aug. 1 through Nov. 15.	2
	Minimum size limit:18
	inches total length. 
	Only artificial lures with 
	barbless hooks may
	be used.

 (53.5) Davis Creek and	Saturday preceding	5 brown
tributaries (Modoc Co.).	Memorial Day through	trout per
	November 15. Only	day. 10 in
	artificial lures with	possession
	barbless hooks may	No other
	be used.	species may
		be taken or
		possessed.
 (53.8) Davis Lake (Plumas Co.)	All Year	5 per day,
		10 in possession
 (54) Davis Lake tributaries (Plumas 	Saturday preceding	5 per day
Co.).	Memorial Day through 	10 in
	Nov. 15.	possession
 (54.5) Deadman Creek (Mono
Co.).
 (A) Deadman Creek	Last Saturday in April	2
downstream from Hwy. 395.	through Nov. 15.
See Owens River 7.50(b)(134).	Maximum size limit: 16
	inches total length. Only
	artificial lures with barbless
	hooks may be used.
	Nov. 16 through the Friday	0
	preceding the last Saturday
	in Apr. Only artificial lures
	with barbless hooks may be
	used.
 (B) Deadman Creek	Last Saturday in April	5 per day
upstream from Hwy. 395.	through Nov. 15.	10 in
		possession.
 (55) Deep Creek (San Bernardino	All year. Only artificial	2
Co.) from headwaters at Little Green 	lures with barbless hooks
Valley to confluence of Willow 	may be used
Creek
 (56) Deer Creek (Tehama Co.).			

 (A) From 250 feet	Last Saturday in April	0 trout or
below Upper Deer	through Nov. 15. Only	steelhead
Creek Falls and fishway (located	artificial lures with	Closed to
1.5 miles upstream from Potato Patch	barbless hooks may	 salmon
Campground) downstream 31 miles	 be used.	 fishing.
to U.S. Geological Survey		No take or
gauging station cable		possession of
crossing at mouth of Deer		salmon.
Creek Canyon (see Section
2.35 for closure at Upper
Deer Creek Falls).

 (B) From U.S. Geological	June 16 through Sept. 30.	0 trout or
Survey gauging station		steelhead
cable crossing at mouth of		Closed to salmon
Deer Creek Canyon downstream		 fishing.
to mouth of Deer Creek.		No take or
		possession of
		salmon.
 (57) Deer Creek (Yuba and Nevada 	Fourth Saturday in May	0
Cos.) from mouth to Smartville--	through Oct. 15. Only
Englebright Dam road crossing.	artificial lures with barbless
	hooks may be used.

 (58) Diaz Lake (Inyo Co.).	First Saturday in Mar.	5 per day
	through Nov. 15.	10 in 
		possession
	Nov. 16 through the Friday	5 
	preceding the first Saturday 
	in Mar. 
 (59) [Reserved]
 (59.5) Dry Creek and tributaries	Fourth Saturday in May	0 trout
(Placer Co.) east of the Atkinson	through Oct. 14.	Closed to
Street Bridge in Roseville. 		 salmon
		 fishing.
		No take or

		possession of
		salmon.

 (60) Dry Creek (Yuba and Nevada 	Fourth Saturday in May	0 trout or
Co.) from mouth to Sid Smith Dam 	through Oct. 15.	steelhead
about one mile above junction of 		Closed to salmon
Scott Forbes and Peoria roads.		 fishing.
		No take or
		possession of
		salmon.
 (61) Eagle Lake and tributaries 
(Lassen Co.).
 (A) Eagle Lake.	Saturday preceding	2 per day
	Memorial Day through 	4 in
	Dec. 31.	possession.
 (B) Eagle Lake inside the break--	Closed to all fishing
water at the Gallatin Marina and	all year
Pine Creek Slough and Pine
Creek below State Highway 44.
 (C) Eagle Lake tributaries, 	Saturday preceding	5 per day
including Pine Creek above 	Memorial Day through	10 in
State Hwy. 44. 	Nov. 15.	possession

 (61.5) Earl Lake/Talawa	All year. Only barbless	2 cutthroat
(Del Norte Co.).	hooks may be used.	trout. No
	Cutthroat trout minimum	other
	size limit: 10 inches.	salmonids
		shall be taken.
 (62) Eastman Lake (Madera and	Also see Section 5.00
Mariposa Cos.). 	(Black Bass).
 (A) From the United States	All year.	5
Corps of Engineers' buoy line	
near the Codorniz boat ramp	
downstream to the dam.	
 (B) From the United States	Closed to all
Corps of Engineers' buoy	fishing all year
line upstream. 
 (63) Eel River
(Humboldt, Lake, Mendocino
and Trinity cos.). Also see 
Section 8.00(a). 
ALL WATERS OF THE EEL RIVER DRAINAGE EXCEPT THOSE LISTED BELOW ARE CLOSED TO ALL FISHING.
 (A) Main stem.

 1. From mouth to Fulmor Road,	Fourth Saturday in May	0
at its paved junction with the south	through Mar. 31.	
bank of the Eel River.	Only barbless hooks may be 	
	used. April 1 through the
	Friday preceding the last
	Saturday in May. Only
	artificial lures with
	barbless hooks may be
	used.

 2. From Fulmor Road, near	Apr. 1 through 	0
east end  of Cock Robin Island to 	Sept. 30. Only artificial lures
South Fork Eel River.	with barbless hooks may be used.
	Oct. 1 through Mar. 31.	0
	Only barbless hooks may	
	be used.	

 3. From South Fork	Jan. 1 through Mar. 31 and	0
Eel River to Cape Horn Dam.	Fourth Saturday in May
	through Sept. 30. At all times, 
	only artificial lures with 
	barbless hooks may be used.
	Closed to all fishing Apr. 1
	through the Friday preceding 
	the fourth Saturday in May and
	Oct. 1 through Dec. 31.
 (B) Van Duzen River.		

 1. Main stem and tributaries	Last Saturday in Apr.	5
above Eaton Falls, located about	through Nov. 15.	
1/2 mile upstream of the mouth		
of the South Fork (Little		
Van Duzen) and 2 1/2 miles		
west of Dinsmore.		
		
 2. Main stem from its junction	Fourth Saturday in May through	0
with the Eel River to the Highway	Sept. 30. Only artificial
36 bridge near Bridgeville.	lures with barbless
	hooks may be used.
	Oct. 1 through Mar. 31.	0
	Only barbless hooks 	
	may be used.	

 (C) South Fork Eel River from 	Fourth Saturday in May	0
mouth to Rattlesnake Creek. 	through Sept. 30. Only
	artificial lures with
	barbless hooks
	may be used.
	Oct. 1 through Mar. 31. 	0
	Only barbless hooks may	
	be used.	
 (D) Middle Fork Eel River. 
 1. Middle Fork main stem	Jan. 1 through May 31 and	0
from mouth to Bar Creek.	July 16 through Sept. 30.
	At all times, only artificial
	lures with barbless hooks may
	be used.
	Closed to all fishing Jun. 1
	through July 15 and
	Oct. 1 through Dec. 31.
 2. Middle Fork tributaries above 	Last Saturday in Apr.	5
Indian Dick/Eel River Ranger 	through Nov.15.  Maximum
Station Road	size limit:14 inches total length.

 3. Middle Fork and tributaries 	Last Saturday in Apr.	2
above mouth of Uhl Creek.	through Nov. 15. Maximum
	size limit:14 inches total length.
	Only artificial lures with barbless
	hooks may be used.
 4. Balm of Gilead Creek and 	Last Saturday in Apr.	2
tributaries above falls 1 1/4 miles 	through Nov. 15. Maximum
from mouth.	size limit: 14 inches total length.
	Only artificial lures with barbless
	hooks may be used. 
 5. North Fork of Middle Fork and 	Last Saturday in Apr. through	2
tributaries above mouth of Willow 	Nov. 15. Maximum size limit:
Creek.	14 inches total length. Only
	artificial lures with barbless
	hooks may be used.
 (64) El Estero Lake (Monterey Co.)	Closed to all fishing
portions of the lake 	all year
south of the Pearl Street bridge 
known as Camino Aquajito Arm 
and Camino El Estero finger. 
 (65) Elk Creek (Mendocino Co.). 	
Also see Section 8.00(c).

 Main stem below the 	Fourth Saturday in May	0
confluence of South Fork Elk 	through Oct 31. Only
Creek.	artificial lures with
	barbless hooks
	may be used.
	Nov. 1 through Mar. 31. 	2 hatchery
	Only barbless hooks may	trout or
	be used.	hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession

 (66) Elk River (Humboldt Co.) 	Fourth Saturday in May	0
downstream from Highway 101 	through Oct. 31. Only
bridge, excluding tributaries.	artificial lures with
	barbless hooks
	may be used.
	Nov. 1 through Mar. 31. 	2 hatchery
	Only barbless hooks may	trout or
	be used.	hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession

 (67) Fall River (Shasta Co.).	
 (A) Fall River from its origin at 	Last Saturday in Apr.	2
Thousand Springs downstream 	through Nov. 15. Maximum
to the mouth of the Tule River and 	size limit:14 inches total length.
including Spring Creek and 	Only artificial lures with barbless
excluding all other tributaries.	hooks may be used.

 (68) Feather River below 	
Fish Barrier Dam (Butte, Sutter 
and Yuba cos.).
 (A) From Fish Barrier Dam to  	Closed to all fishing
Table Mountain bicycle bridge in 	all year
Oroville.	

 (B) From Table Mountain bicycle 	Jan. 1 through July 15.	1 hatchery
bridge to Highway 70 bridge.	Only barbless hooks	trout or 1
	may be used.	hatchery
		steelhead**
		Closed to the
		take of salmon.
 (C) From Highway 70 bridge to 	All year.	1 hatchery
the unimproved boat ramp above		trout or 1
the Thermalito Afterbay Outfall.		hatchery
		steelhead**
		Closed to the
		take of salmon.
 (D) From the unimproved boat	Jan. 1 through	1 hatchery
ramp above the Thermalito Afterbay	July 15	trout or
Outfall to 200 yards above the 		1 hatchery
Live Oak boat ramp.		steelhead**
		Closed to the
		take of salmon.
	July 16 through	1 hatchery
	Oct. 15.	trout or
		hatchery
		steelhead**
		2 Chinook
		salmon.
	Oct. 16 through	1 hatchery
	Dec. 31.	trout or
		1 hatchery
		steelhead**
		Closed to the
		take of salmon.
(E) From 200 yards above Live	Jan. 1 through	1 hatchery
Oak boat ramp to the mouth. 	July 15.	trout or
For purposes of this regulation, the 		hatchery
lower boundary is defined as a 		steelhead**
straight line drawn from the peninsula 		Closed to the
point on the west bank to the 		take of salmon.
Verona Marine boat ramp.	
	July 16 through	1 hatchery
	Dec. 16.	trout or
		hatchery
		steelhead**
		2 Chinook
		salmon.
	Dec. 17 to	1 hatchery
	Dec. 31.	trout or
		hatchery
		steelhead**
		Closed to the
		take of salmon.

  (68.1) Feather River, Middle	First Saturday in April	5 per day
Fork (Plumas Co.), from the	through Nov. 15.	10 in possession
Union Pacific Railroad Bridge
(1/4 mile upstream of County
A-23 bridge) to the Mohawk 
Bridge.

 (68.2) Feather River North Fork 	Last Saturday in Apr.	0
from Belden Bridge downstream 	through Nov. 15. Only 
to Cresta Powerhouse (excluding 	artificial lures with barbless 
reservoirs) (Butte and Plumas Co.). 	hooks may be used. 
 (68.3) Fish Slough (Mono Co.).	
 (A) The portions of Fish Slough 	Closed to all fishing all year.
which lie within the Owens Valley
Native Fishes Sanctuary and BLM 
Spring.

 (B) All other portions of Fish	Last Saturday in Apr.	5
Slough. Also, see Section 5.00(b)(16) 	through Nov. 15.
for black bass regulations.	Nov. 16 through the Friday	0
	preceding the last Saturday in Apr.
 (69) Freshwater Creek (Humboldt	Fourth Saturday in May	0
Co.) downstream from bridge at 	through Oct. 31. Only
“3 Corners” on the Old Arcata	artificial lures with
Road, excluding tributaries.	barbless hooks
	may be used.
	Nov. 1 through Mar. 31. 	2 hatchery
	Only barbless hooks may	trout or
	be used.	hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
 (69.5) Freshwater	All year.	5 per day
Lagoon (Humboldt Co.).		10 in possession.
 (70) Garcia River (Mendocino 
Co.). Also see Section 8.00(b).

 Main stem below the Eureka	Fourth Saturday in May	0
Hill Road bridge.	through Oct. 31. Only

	artificial lures with
	barbless hooks may
	be used.

	Nov. 1 through Mar. 31. 	2 hatchery
	Only barbless hooks may	trout or
	be used.	hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession

 (71) Golden Trout Wilderness Area	Last Saturday in Apr.	5
(Tulare Co.), excluding the main	through Nov. 15. 
stem Kern River (see subsection 	Only artificial lures
7.50(b)(86), and the Tule River	with barbless hooks may
drainage (See subsection	be used.
7.50(b)(197)).
 (71.5) Grass Valley Creek	All year. Only	2 trout.
Reservoir (Trinity Co.)	artificial lures with
	barbless hooks may be used.

 (72) Greenwood Creek (Mendocino 
Co.). Also see Section 8.00(b).

 Main stem below the log 	Fourth Saturday in May	0
bridge about 1 1/2 miles east of 	through Oct. 31. Only
Highway 1.	artificial lures with
	barbless hooks
	may be used.
	Nov. 1 through Mar. 31. 	2 hatchery
	Only barbless hooks may	trout or
	be used.	hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession

 (72.5) Guadalupe River below 	Last Saturday in April 	0
Guadalupe Reservoir (Santa Clara 	through November 15. 	
Co.) including Los Gatos Ck. 	Only artificial lures and 	
Below Vasona Lake, and Alamitos 	barbless hooks may 	
Ck. and Arroyo Calero below 	be used. 	
Calero Reservoir.   		

 (73) Gualala River (Mendocino
and Sonoma cos.). Also see Section 
8.00(b).

 Main stem below the	Fourth Saturday in May	0
confluence of Wheatfield and 	through Oct. 31. Only
South Forks.	artificial lures with
	barbless hooks may
	be used. 
	Nov. 1 through Mar. 31.	2 hatchery
	Only barbless hooks may	trout or
	be used. Fishing	hatchery
	from a flotation device	steelhead**
	is prohibited from	4 hatchery
	Nov. 15 through Feb. 28	trout or
	from the confluence of 	hatchery
	the North Fork to the 	steelhead**
	Highway 1 bridge. 	in possession
 (74) Hat Creek (Shasta Co.) from 	Last Saturday in Apr.	2
Lake Britton upstream to Baum 	through Nov.15. Minimum
Lake, exclusive of the concrete 	size limit:18 inches total
Hat No. 2 intake canal between 	length. Only artificial lures
Baum Lake and the Hat No. 2 	with barbless hooks may be 
Powerhouse.	used. Aquatic invertebrates of 
	the orders Plecoptera (stoneflies), 
	Ephemeroptera (mayflies) and 
	Trichoptera (caddisflies) may
 	not be taken or possessed

 (75) Hat Creek No.1 and Cassel 	Last Saturday in Apr.	5 per day
Forebays (Shasta Co.). Those 	through Nov. 15	10 in
portions of Hat Creek known as 		possession
No. 1 Forebay and Cassel Forebay.
 (76) Heenan Lake and tributaries 		
(Alpine Co.).		

 (A) Heenan Lake.	Only on Fridays,	0
	Saturdays, and Sundays
	from the Friday before Labor Day 
	through the last Sunday
	in October. Fishing
	hours: Only from sunrise

	to sunset. Only artificial
	lures with barbless hooks

	may be used.
 (B) Heenan Lake	Closed to all fishing
tributaries.	all year.

 (77) Hennessey Lake tributaries 	Last Saturday in Apr.	5
(Napa Co.).	through Nov. 15
 (77.3) Hilton Creek (Mono Co.).

 (A) Hilton Creek	Last Saturday in April	2
downstream from Crowley	through the Friday
Lake Drive.	preceding Memorial Day
	and Oct. 1 through Nov. 15.
	Minimum size limit:
	18 inches total length. Only
	artificial lures with barbless
	hooks may be used.
	Saturday preceding	5 per day
	Memorial. Day through	10 in
	Sept. 30.	possession.

 (B) Hilton Creek upstream	Last Saturday in April	5 per day
from Crowley Lake Drive.	through Nov. 15.	10 in
		possession.
 (77.5) Hobart Creek (Tuolumne	July 1 through Nov. 15.	5 per day,
Co.), tributary to Spicer Meadows		10 in
Reservoir.		possession
 (78) Hot Creek (Mono Co.).	All year. Only artificial	0
Hot Creek from the State	flies with barbless
hatchery property line to the	hooks may be used.
confluence with the Owens River.
 (79) Illinois River and tributaries 	Closed to finishing
(Del Norte Co.).	all year.
 (80) Independence Lake and 	NOTE: ALL LAHONTAN 
tributaries (Nevada and Sierra Cos.).	CUTTHROAT TROUT 
	TAKEN SHALL BE 
	IMMEDIATELY RETURNED 
	TO THE WATER

 (A) Independence Lake tributaries 	Closed to all fishing
and Independence Lake within 	all year
300 feet of the mouths of all 
tributaries.
 (B) Independence Lake except 	All year	5 per day
Independence Lake within 300 	Only artificial lures with	10 in
feet of the mouths of all tributaries.	barbless hooks may be 	possession
	used

 (81) Indian Tom Lake (Siskiyou 
Co.).	All year	2
 (82) Inyo County, Southwestern 	First Sat. in March	
Portion, in all waters bounded by 	through Nov. 15.	5 per day
the Inyo County line on the south 		10 in 
and west, Independence Creek on 		possession
the north, and Highway 395 on the 
east (also see Cottonwood Creek 
Restrictions.)
 (83) Islay Creek (San Luis Obispo 	Closed to all fishing
Co.).	all year
 (84) Junction Lake and tributaries 	Closed to all fishing
(Mono Co.) including the lake's 	all year
outlet stream to Highway 108.
 (84.5) Kaweah River and	All year.	5 per day
tributaries (Tulare Co.).		10 in possession
 (85) Kent Lake tributaries (Marin 	Last Saturday in Apr.	5
Co.).	through Nov. 15
 (86) Kern River (Kern and Tulare 
Cos.).
 (A) From Lake Isabella  to the	All year.	5 per day
Johnsondale bridge.		10 in
		possession

 (B) From Johnsondale bridge 	Last Saturday in Apr.	2
upstream to the point where 	through Nov. 15. Minimum
U.S. Forest Service Trail 33E30 	size limit:14 inches total
heads east to joint the Rincon Trail.	length. Only artificial lures
	with barbless hooks may
	be used.

	Nov. 16 through the Friday	0
	preceding the last Saturday	
	in Apr.  Only artificial lures
	with barbless hooks may be
	used.

 (C) From the point where U.S.	Last Saturday in Apr.	2
Forest Service Trail 33E30 heads 	through Nov. 15.
east to join the Rincon Trail	Maximum size limit:

upstream to the mouth of	10 inches total length
Tyndall Creek.	for rainbow trout only.
	Only artificial lures 
	with barbless hooks
	may be used.
 (87) Kings River (Fresno Co.). 

 (A) Kings River,	All year.	2
South Fork from its
confluence with Copper Creek
downstream to the Highway
180 crossing at Boyden Cave.

 (B) Kings River	All year. Only artificial	0
South Fork, from the	lures with barbless
Highway 180 crossing at 	hooks may be used.
Boyden Cave downstream to
the main stem; Middle Fork, from the 
western boundary of Kings Canyon 
National Park downstream to the main 
stem; and main stem, from the 
confluence of the South and Middle 
forks downstream to Garnet Dike
Campground.
 (C) Kings River, from Garnet 	All year.	2
Dike Campbround downstream
to Pine Flat Lake.
 (D) Kings River from Pine Flat 	Last Saturday in Apr. 	5
Dam downstream to U. S. Army 	through Nov. 15.	
Corps of Engineers Bridge on 
Pine Flat Road.  
 (E) Kings River Thorburn 	Closed to all fishing all year.
Spawning Channel, the 2,200 
foot long channel located 5 miles 
downstream from Pine Flat Dam, 
and the reach of river within a 
200-foot radius of the channel exit. 

 (F) Kings River, from	All year.	0
Cobbles (Alta) Weir downstream 	Only artificial lures
to the Highway 180 	with barbless hooks
crossing.	may be used.

 (88) Reserved.

 (89) Kirman (Carmen) Lake
(Mono Co.).	Last Saturday in Apr.	2
	through Nov. 15. Minimum
	size limit: 16 inches total 
	length. Only artificial lures
	with barbless hooks may 
	be use
 (90) Kirman (Carmen) Lake 	Closed to all fishing
tributaries (Mono Co.).	all year
 (91) Klamath River  Regulations
(See Section 1.74 for salmon punch
card requirements.
 (A) Klamath River main stem and 	Last Saturday in Apr.	5 per day
all tributaries above Iron Gate 	through Nov. 15	10 in
Dam, except Shovel Creek and 		possession	
tributaries. The Klamath River 
main stem within 250 feet of the 
mouth of Shovel Creek is closed 
to all fishing November 16 
through June 15.

 (B) Shovel Creek and tributaries 	Last Saturday in Apr.	5
above mouth of Panther Creek.	through Nov. 15.
 (C) Shovel Creek and tributaries 	Closed to all fishing 
up to and including Panther Creek.	all year

 (91.1) Anadromous Waters of the Klamath River Downstream of Iron Gate Dam (Lower Klamath River Basin). The regulations in this subsection apply only to waters of the Klamath River system which are accessible to anadromous salmonids. They do not apply to waters of the Klamath River which are inaccessible to anadromous salmon and trout, for example, portions of the Klamath River system upstream of Iron Gate Dam, portions of the Trinity River system upstream of Lewiston Dam, and the Shasta River and tributaries upstream of Dwinnel Dam. Fishing in these waters is governed by the General Regulations for non-anadromous waters of the North Coast District (see Section 7.00(a)(5)).

 (A) Hook and Weight Restrictions.

	1. Only barbless hooks may be used. (For definitions regarding legal hook types, hook gaps and rigging see Chapter 2, Article 1, Section 2.10.)

	2. During closures to the take of adult salmon, anglers shall not remove any adult Chinook salmon from the water by any means, such as by dragging the fish on shore or using a net.

	(B) General Area Closures.

	1. No fishing is allowed within 750 feet of any Department of Fish and Game fish-counting weir.

	2. No fishing is allowed from the Ishi Pishi Falls road bridge upstream to and including Ishi Pishi Falls from August 15 through December 31. Exception:

members of the Karuk Indian Tribe listed on the current Karuk Tribal Roll may fish at Ishi Pishi Falls using hand-held dip nets.

	3. No fishing is allowed from September 15 through December 31 in the Klamath River within 500 feet of the mouths of the Salmon, the Shasta and the Scott rivers.

	(C) Klamath River Basin Possession Limits.

	1. Trout Possession Limits.

	a. The brown trout possession limit is 10 brown trout.

	b. The hatchery trout or hatchery steelhead possession limits are as follows:

	(i) Klamath River -- 1 hatchery trout or hatchery steelhead.

	(ii) Trinity River -- 4 hatchery trout or hatchery steelhead.

	2. Chinook Salmon Possession Limits.

	a. Klamath River downstream of the Highway 96 bridge at Weitchpec from January 1 to August 14 and the Trinity River downstream of the Old Lewiston Bridge to the confluence of the South Fork Trinity River from January 1 to August 31.

	(i) 2 Chinook salmon.

	b. Klamath River from August 15 to December 31 and Trinity River from September 1 to December 31.

	(i) 8 Chinook salmon. No more than 8 Chinook salmon over 22 inches total length may be retained when the take of salmon over 22 inches total length is allowed.

	(D) Klamath River Basin Chinook Salmon Quotas.

	The Klamath River fall Chinook salmon take is regulated using quotas. Accounting of the tribal and non-tribal harvest is closely monitored from August 15 through December 31 each year. These quota areas are noted in subsection (b)(91.1)(E) with “Fall Run Quota” in the Open Season and Special Regulations column.

	1. Quota for Entire Basin.

	The 2012 Klamath River Basin quota is 67,600 Klamath River fall Chinook salmon over 22 inches total length. The department shall inform the commission, and the public via the news media, prior to any implementation of restrictions triggered by the quotas. (NOTE: A department status report on progress toward the quotas for the various river sections is updated weekly, and available at 1-800-564-6479.)

	2. Sub Quota Percentages.

	a. The sub quota for the Klamath River upstream of the Highway 96 bridge at Weitchpec and the Trinity River is 50% of the total Klamath River Basin quota.

	(i) The sub quota for the Klamath River from 3,500 feet downstream of the Iron Gate Dam to the Highway 96 bridge at Weitchpec is 17% of the total Klamath River Basin quota.

	(ii) The sub quota for the Trinity River main stem downstream of the Old Lewiston Bridge to the Highway 299 West bridge at Cedar Flat is 16.5% of the total Klamath River Basin quota

	(iii) The sub quota for the Trinity River main stem downstream of the Denny Road bridge at Hawkins Bar to the confluence with the Klamath River is 16.5% of the total Klamath River Basin quota

	b. The sub quota for the Lower Klamath River downstream of the Highway 96 bridge at Weitchpec is 50% of the total Klamath River Basin quota.

	(i) The sub quota for the Spit Area (within 100 yards of the channel through the sand spit formed at the Klamath River mouth) is 15% of the Lower Klamath River sub quota taken downstream of the Highway 101 bridge. (Note: This provision only applies if the department projects that the total Klamath River Basin quota will be met.)

	(E) Klamath River Basin Open Seasons and Bag Limits.
	All anadromous waters of the Klamath River Basin are closed to all fishing for all year except those areas listed in the following table. Bag limits are for trout and Chinook salmon in combination unless otherwise specified.

		Open Season and	Daily Bag
 Body of Water		Special Regulations	Limit

1. Bogus Creek and tributaries.	Fourth Saturday in May	0
		through August 31. Only
		artificial lures with barbless
		hooks may be used.
2. Klamath River main stem from		
3,500 feet downstream of Iron Gate 		
Dam to mouth.			

a. Klamath River from 3,500 feet	January 1 to August	0 Chinook
downstream of the Iron Gate Dam	14.	salmon
to the Highway 96 bridge at		1 hatchery
Weitchpec.			trout or
			hatchery
			steelhead**

		Fall Run Quota 	4 Chinook
		11,492 Chinook Salmon	salmon --
		August 15 to December	up to 4 fish
		31, 2012.	over 22 
			inches total
			length until
			sub quota is
			met, then
			0 fish over

			22 inches 
			total length.
			1 hatchery 

			trout or
			hatchery
			steelhead**

		Fall Run Quota Exception: Chinook 
		salmon over 22 inches total length may
		be retained from 3,500 feet downstream
		of Iron Gate Dam to the Interstate 5
		bridge when the department determines
		that the adult fall-run Chinook salmon
		spawning escapement at Iron Gate 
		Hatchery exceeds 8,000 fish. Daily bag
 		and possession limits specified for 
		fall-run Chinook salmon apply during this
 		exception.
b. Klamath River downstream	January 1 to August	2 Chinook
of the Highway 96 bridge at	14.	salmon
Weitchpec.			1 hatchery
			trout or
			hatchery
			steelhead**

		Fall Run Quota	4 Chinook
		33,800 Chinook Salmon	salmon --
		August 15 to December	up to 4 fish
		31, 2012.	over 22 
			inches total
			length until
			sub quota is
			met, then
			0 fish over
			22 inches
			total length.
			1 hatchery
			trout or
			hatchery
			steelhead**

		Fall Run Quota Exception: Spit Area 
		(within 100 yards of the channel through
		the sand spit formed at the Klamath
		River mouth). This area will be closed
		to all fishing after 15% of the Lower 
		Klamath River sub quota has been met.

3. Salmon River main stem, main	November 1 through 	0
stem of North Fork downstream of	February 28.
Sawyer's Bar bridge, and main
stem of South Fork downstream of
the confluence of the East Fork
of the South Fork.

4. Scott River main stem down-	Fourth Saturday in May	0
stream of the Fort Jones-Greenview	through February 28.
bridge to the confluence with the
Klamath River.

5. Shasta River main stem 	Fourth Saturday in May	0
downstream of the Interstate 5 	through August 31 and
bridge north of Yreka to the 	November 16 through 
confluence with the Klamath River.	February 28.
6. Trinity River and tributaries.
a. Trinity River main stem 	April 1 through 	0
from 250 feet downstream of	September
Lewiston Dam to the Old  	15. Only artificial flies
Lewiston Bridge.		with barbless hooks may
		be used.

b. Trinity River main stem 	January 1 to August 31.	2 Chinook 
downstream of the Old Lewiston  		salmon
Bridge to the Highway 299 		5 brown trout
West bridge at Cedar Flat.		2 hatchery 
			trout or
			hatchery
 			steelhead**

		Fall Run Quota	4 Chinook
		11,154 Chinook Salmon	salmon -- 
		September 1 through	up to 4 fish
		December 31, 2012.	over 22 
			inches total
			length until
			sub quota is
			met, then
			0 fish over
			22 inches
			total length.
			5 brown trout

			2 hatchery
 			trout or

			hatchery
			steelhead**
		Fall Run Quota Exception: Chinook 
		salmon over 22 inches total length may be

 		retained downstream of the Old Lewiston
	 	Bridge to the mouth of Indian Creek when
 		the department determines that the adult
 		fall-run Chinook salmon spawning 
		escapement at Trinity River Hatchery 
		exceeds 4,800 fish. Daily bag and 
		possession limits specified for fall-run
 		Chinook salmon apply during this 
		exception.

c. Trinity River main stem	
downstream of the Highway 299 	January 1 through	2 Chinook 
West bridge at Cedar Flat 	August 31.	salmon
to the Denny Road bridge at		5 brown trout
Hawkins Bar.			2 hatchery 
			trout or
			hatchery
			steelhead**
		September 1 through	Closed to
		December 31.	all fishing.

d. New River main stem 	September 15 through 	0
downstream of the confluence 	November 15. Only 
of the East Fork to the confluence	artificial lures with
with the Trinity River.	barbless hooks may be used.

e. Trinity River main stem 	January 1 to August	2 Chinook 
downstream of the Denny Road 	31.	salmon
bridge at Hawkins Bar to		5 brown trout
mouth of the South Fork Trinity 		2 hatchery 
River.			trout or 
			hatchery
			steelhead**
		Fall Run Quota	4 Chinook
		11,154 Chinook Salmon	salmon -- 
		September 1 through	up to 4 fish
		December 31, 2012.	over 22 
		This is the cumulative	inches total
		quota for subsections	length until
		6.e. and 6.f. of this	sub quota is
		table.	met, then
			0 fish over
			22 inches
			total length.
			5 brown trout
			2 hatchery
 			trout or
			hatchery
			steelhead**

f. Trinity River main stem 	January 1 to August	0 Chinook
downstream of the mouth of the 	31.	salmon
South Fork	 Trinity River 		5 brown trout
to the	 confluence with the Klamath 		2 hatchery
River.			trout or
			hatchery
			steelhead**

		Fall Run Quota	4 Chinook
		11,154 Chinook Salmon	salmon -- 
		September 1 through	up to 4 fish
		December 31, 2012.	over 22 
		This is the cumulative	inches total
		quota for subsections	length until
		6.e. and 6.f. of this	sub quota is
		table.	met, then

			0 fish over
			22 inches
			total length.
			5 brown trout
			2 hatchery
 			trout or
			hatchery
			steelhead**
g. Hayfork Creek main stem	November 1 through	0
downstream of the Highway 3  	March 31. Only 
bridge in Hayfork to the confluence	artificial lures with
with the South Fork Trinity River.	barbless hooks may be
		used.

h. South Fork Trinity River 	November 1 through 	0 
downstream of the confluence with	March 31. Only artificial	
the East Fork of the South Fork	lures with barbless	

Trinity River to the South Fork	hooks may be used.	
Trinity River bridge at Hyampom.		

i. South Fork Trinity River 	November 1 through 	0 Chinook
downstream of the South Fork 	March 31.	salmon
Trinity River	 bridge at Hyampom		2 hatchery
to the confluence with the Trinity		trout or
River	.		hatchery 
			steelhead**

 (92) Klopp Lake (Humboldt 	All year. Only artificial	2
Co.).	lures with barbless hooks
	may be used
 (93) Laguna de Santa Rosa 	Last Saturday in Apr.	0
(Sonoma Co. tributary to Russian 	through Nov. 15. Open to
River) upstream from Guerneville 	fishing for non--salmonids 
Road bridge.	only, no salmon or trout
	may be taken

 (95) Lagunitas Creek and	Closed to all fishing
tributaries (Marin Co).	all  year
 (96) Lagunitas Lake (Marin Co.).	All year. 	2
	Maximum size limit: 14
	inches total length.
	Only artificial lures with 
	barbless hooks may be 
	used
 (96.5) Lane Lake (Mono Co.).	Last Saturday in Apr.	2
	through Nov. 15.

 (97) Las Gazas Creek and	Fourth Saturday in May	0
tributaries above Robinson 	through Oct. 31.	
Canyon Road (Monterey Co.).	Only artificial lures with
	barbless hooks may be
	used.

 (98) Lassen Creek and tributaries	Saturday preceding Memorial	0
(Modoc Co.)	Day through Nov. 15.
	Only artificial lures with
	barbless hooks may be used.
 (98.5) Laurel Lakes and	Last Saturday in Apr.	2
tributaries (Mono Co.)	through Nov. 15.
	Minimum size limit: 14
	inches total length. Only
	artificial lures with barbless
	hooks may be used

 (98.6) Lee Vining Creek	Last Saturday in Apr.	2
from the Lee Vining conduit	through Nov. 15. 
downstream to Mono Lake	
(Mono Co.)	

 (99) Limekiln Creek and 	Dec. 1 through Mar. 7, 	0
tributaries above Highway 1 	but only on Sat., Sun., Wed.,
(Monterey Co.).	legal holidays and opening
	and closing days. Only 
	barbless hooks may be
	used.	
 (100) Little Butano Creek above 	Last Saturday in Apr.	5 trout
the diversion dam at Butano 	through Nov. 15	
State Park (San Mateo Co.).
 (101) Little Cottonwood Creek 	See Cottonwood Creek
and tributaries (Inyo Co.). 	7.50(b)(48).

 (102) Little River (Humboldt Co.) 	Fourth Saturday in May	2 cutthroat
downstream from the Crannell 	through Oct. 31. Only	trout. No
Road bridge at Crannell, 	artificial lures with	other salmonids
excluding tributaries.	barbless hooks may	shall be taken.
	be used. Cutthroat
	trout minimum size
	limit: 10 inches 
	total length.
	Nov. 1 through Mar. 31. 	2 hatchery
	Only barbless hooks	trout or
	may be used.	hatchery
	Cutthroat trout	steelhead**
	minimum size limit:	4 hatchery
	10 inches total length.	trout or
		hatchery
		steelhead**
		in possession
		2 cutthroat trout

 (103) Little Sur River and 	Fourth Saturday in May	0
tributaries above Coast Road 	through Oct. 31.	
(Monterey Co.).	Only artificial lures with
	barbless hooks may be
	used.

 (103.5) Little Truckee River 	Last Saturday in Apr.	2
(Sierra and Nevada cos.) from	through Nov. 15. Maximum
Stampede Reservoir Dam 	size limit: 14 inches total

Downstream to Boca Reservoir.	length. Only artificial
	lures with barbless hooks

	may be used.
	Nov. 16 through the Friday	0
	preceding the last Saturday in 
	Apr. Only artificial lures with
	barbless hooks may be used.

 (104) Llagas Creek (Santa Clara 
Co.). Also see Section 8.00(c).
 (A) From mouth to Monterey	Dec. 1 through	0
Highway Bridge.	Mar. 7, but only on	
	Sat., Sun., Wed.,
	legal holidays and
	opening and closing days.
	Only barbless hooks may be
	used.

 (B) From Monterey Highway	Closed to all fishing
Bridge to Chesbro Dam.	all year

 (104.3) Los Angeles	First Saturday in Mar.	5 per day
Aqueduct from Owens	through Nov. 15.	10 in
River to Alabama Gates		possession
(Inyo County).
	Nov. 16 through the Friday 	5
	preceding the first Saturday 
	in Mar. 

 (104.5) Los Osos Creek	Closed to all fishing
(San Luis Obispo Co.).	all year.

 (105) Los Padres Reservoir 	Last Saturday in Apr.	5 trout,
(Monterey Co.).	through Nov. 15. 	no more
	No rainbow trout less than	than 2 of
	10 inches or greater than	which may
	16 inches total length 	be rainbow
	may be kept. Only	trout.
	artificial lures with
	barbless hooks may
	be used.

 (106) Macklin Creek (Nevada 	Closed to all fishing
Co.), arising near Milton--Bowman 	all year
Tunnel alignment, flowing north--
westerly and having its junction 
with the Middle Fork Yuba River 
about 21/4 miles downstream 
from Milton Reservoir.

 (107) Mad River and tributaries 	
(Humboldt Co.).
 (A) Mad River from the mouth	Jan. 1 through Mar. 31.	2 hatchery
to 200 yards upstream.	Only artificial lures with	trout or
	barbless hooks may be	hatchery
	used.	steelhead.**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession

 (B) Mad River main stem,	Fourth Saturday in May	2 hatchery
from 200 yards above its mouth	through Mar. 31. Only 	trout or
upstream to the confluence with	artificial lures with	hatchery
Cowan Creek, excluding 	barbless hooks may	steelhead**
tributaries. Also see Section 8.00(a).	be used from the	4 hatchery
	fourth Saturday	trout or
	in May through	hatchery
	Oct. 31. Only	steelhead**
	barbless hooks 	in possession
	may be used	
	from Nov. 1	
	through Mar. 31.	
 (C) Mad River main stem, from	Closed to all fishing
the confluence with Cowan	all year.
Creek to the confluence with
Deer Creek, excluding tributaries.	
 (D) Mad River main stem 	Fourth Saturday in May	0
from the confluence with Deer	through Oct. 31.	
Creek to Ruth Dam.	Only artificial lures
	with barbless hooks	
	may be used.	

 (E) Mad River and tributaries 	Last Saturday in May	5 per day
above Ruth Dam.	through Nov. 15.	10 in 
		possession

 (109) Mammoth Pool (Fresno	June 16 through 	5 per day
and Madera cos.).	Apr. 30.	10 in possession

 (110) Mammoth Pool tributaries 	June 16 through Nov. 15	5 per day
(Fresno and Madera Cos.) from 		10 in

their mouths to a point 300 feet 		possession
upstream.

 (111) Martis Creek from the Martis	Last Saturday in Apr.	2
Lake dam downstream to the 	through Nov. 15. Minimum
confluence with the Truckee River 	size limit: 14 inches total length.
(Nevada Co.)	Only artificial lures with
	barbless hooks may be used.

 (112) Martis Lake and tributaries 
(Nevada and Placer Cos.)
 (A) Martis Lake.	Last Saturday in Apr.	0
	through Nov. 15. Only 
	artificial lures with barbless 
	hooks may be used
 (B) Martis Lake tributaries.	Closed to all fishing all year

 (113) Mattole River (Humboldt 
Co.). Also see Section 8.00(a).
 (A) Mattole River main stem from 	Closed to all fishing all year.	
the mouth to 200 yards upstream.
 (B)Mattole River main stem from	Jan. 1 through Mar. 31.	0
200 yards upstream of mouth to	Only artificial lures	
confluence with Stansberry Creek.	with barbless hooks may
	be used.	

 (C) Mattole River main  stem	Jan. 1 through Mar. 31. and	0
from confluence with Stansberry	Fourth Saturday in May
Creek to confluence with	through Aug. 31. Only artificial 
Honeydew Creek. 	lures with barbless hooks
	may be used.	
 (115) McCloud River and 	
tributaries (Shasta and Siskiyou 	
Cos.).
 (A) Moosehead Creek and all	Closed to all fishing all year.
tributaries.

 (B) Sheepheaven Creek and all	Closed to all fishing all year.
tributaries.
 (C) McCloud River from McCloud 	Last Saturday in Apr. through	2
Dam downstream to confluence of 	Nov. 15. Only artificial lures 
Ladybug Creek.	with barbless hooks may be used.

 (D) McCloud River from
 confluence of Ladybug Creek 	Last Saturday in Apr. through	0
downstream to lower boundary 	Nov. 15. Only artificial lures
of the U.S. Forest Service 	with barbless hooks may be
loop (southern boundary of 	used.
section 36, T38N, R3W).	

 (E) McCloud River from the lower	Closed to all fishing all year.
boundary of the U.S. Forest Service
loop (southern boundary of
section 36, T38N, R3W) downstream
to the upper boundary of the McCloud
River Club (southern boundary of section 
14, T37N, R3W).

 (115.2) McDonald Creek 	Closed to fishing
(Humboldt Co.).	all year.

 (115.3) McGee Creek (Mono
Co.). 

 (A) McGee Creek downstream	Last Saturday in April	2
from Highway 395.	through Friday preceding
	Memorial Day and Oct. 1
	through Nov. 15. Minimum size
	limit: 18 inches total length.
	Only artificial lures with
	barbless hooks may be used.
	Saturday preceding Memorial	5 per
	Day through Sept. 30.	day
		10 in
		possession.
 (B) McGee Creek upstream	Last Saturday in April	5 per day
from Highway 395.	through Nov. 15.	10 in	
		possession
 (115.4) McLeod Lake (Mono Co.).	Last Saturday in Apr. through	0
	Nov. 15. Only artificial lures 
	with barbless hooks may be 
	used.

 (115.5) Meiss Lake (Alpine Co.).	Closed to all fishing all year
 (116) Mendocino Lake tributaries 	Last Saturday in Apr.	5
(Mendocino Co.).	through Nov. 15
 (117) Merced River (Mariposa Co.).	

 (A) From the Happy Isles	Last Saturday in Apr.	0 rainbow
footbridge downstream to the	through Nov. 15.	trout 5 brown
western boundary of Yosemite	Only artificial lures with	per day
National Park at El Portal.	barbless hooks may	10 brown
	be used.	trout in
		possession

 (B)  From the western boundary	All year.  Only artificial	0 rainbow
of Yosemite National Park at	lures with barbless hooks 	trout
El Portal boundary downstream to 	may be used.	5 brown

the Foresta bridge.		trout per day
		10 brown trout in
		possession

 (C) From Foresta bridge	Last Saturday in April	5 per day
downstream to Lake McClure.	through November 15.	10 in
	November 16 through the	 possession
	Friday preceding the last
	Saturday in April.
 (118) Merced River (Merced Co.).
 (A) From Crocker-Huffman Dam	Jan. 1 through Oct. 31.	0 trout
downstream to the Schaffer bridge	Only artificial lures with 	Closed to
on Oakdale Road.	barbless hooks may	salmon
	be used.	 fishing.
		No take or
		possession of
		salmon.

 (B) From the Schaffer bridge	Jan. 1 through Oct. 31.	0 trout
 on Oakdale Road downstream 	Bait may be used from 	Closed to
to the mouth.	Jan. 1 through Oct. 31.	salmon
	However, from April 1 	 fishing.
	through the Friday 	No take
	preceding the fourth  	 or
	Saturday in May,  	possession
	bait may be used 	 of salmon.
	only with single hooks 
	having a gap between 1/2 
	and 1 inch, or with 
	multiple hooks having a gap 
	between 1/4 and 1/2 inch.
 (118.2) Milk Ranch Creek and	Closed to fising all year.
tributaries (Alpine Co.) above the 
confluence with the North Fork
Mokelumne River.

 (118.5) Mill Creek (Mono Co.
tributary to West Walker River) and
tributaries upstream from confluence	Closed to all fishing
with Lost Cannon Creek.	all year
 (119) Mill Creek (Tehama Co.).

 (A) From the Lassen	Last Saturday in April	0 trout or
National Park boundary	through Nov. 15. Only	steelhead.
downstream to the	artificial lures with	Closed to
U.S. Geological Survey	barbless hooks may be	 salmon
gauging station cable	used.	 fishing.
crossing at the mouth of Mill		No take or
Creek Canyon.		possession of
		salmon.
 (B) From U.S. Geological Survey	June 16 through Sept. 30.	 0 trout or
gauging station cable		steelhead.
crossing at mouth of Mill		Closed to
Creek Canyon downstream to the		 salmon
mouth of Mill Creek.		 fishing.

		No take or
		possession of
		salmon.

 (120) Milton Lake and middle	Last Saturday in Apr. through	2
Fork Yuba River between Milton	Nov. 15. Maximum size 
Lake and Jackson Meadows Dam 	limit: 12 inches total length.
 (Nevada and Sierra cos.).	Only artificial lures with 
	barbless hooks may be used
 (122) Mitchell Creek and 	Closed to all fishing
tributaries (Contra Costa Co.).	all year 
 (124) Mokelumne River (San 
Joaquin Co.).
 (A) From Camanche Dam to	Jan. 1 through	1 hatchery
Highway 99 bridge.	Mar. 31.	trout or 1
		hatchery
		steelhead**
		Closed to the
		take of salmon.
	Fourth Saturday in	1 hatchery
	in May through	trout or 1
	July 15.	hatchery
		steelhead**
		Closed to the
		take of salmon.
	July 16 through	1 hatchery
	Oct. 15.	trout or
		hatchery
		steelhead**
		2 Chinook
		salmon.

 (B) From Highway 99 bridge to	Jan. 1 through	1 hatchery
the Woodbridge Irrigation District	July 15.	trout or 1
Dam including Lodi Lake.		hatchery
		steelhead**
		Closed to the
		take of salmon.

	July 16 through	1 hatchery
	Dec. 31.	trout or
		hatchery
		steelhead**
		2 Chinook
		salmon.

 (C) Between the Woodbridge 	Closed to all fishing	
Irrigation District Dam and the	all year
Lower Sacramento Road bridge.
 (D) From the Lower Sacramento	Jan. 1 through	1 hatchery
Road bridge to the mouth.	July 15.	trout or 1
For purposes of this regulation,		hatchery
this river segment is defined as		steelhead**
Mokelumne River and its tributary		Closed to the
sloughs downstream of the Lower		take of salmon.
Sacramento Road bridge and east 
of Highway 160 and north of 
Highway 12.
	July 16 through 	1 hatchery
	Dec. 16.	trout or
		hatchery
		steelhead**
		2 Chinook
		salmon.
	Dec. 17 through 	1 hatchery
	Dec. 31.	trout or 1
		hatchery
		steelhead**
		Closed to the
		take of salmon.

 (125) Mono Creek (Fresno Co.) 	June 1 through October 15.	5 per day
and tributaries from Edison Lake 		10 in
upstream to the confluence with 		possession
the North Fork Mono Creek.

 (125.5) Moosehead Creek	See McCloud River
and tributaries (Shasta and	7.50(b)(115).
Siskiyou cos.).
 (126) Murray Canyon Creek 	Closed to all fishing
and tributaries (Alpine Co.)	all year
upstream from the falls located 
about 1/4 mile above the confluence
with the East Fork Carson River.
 (128) Nacimiento River 
(Monterey and San Luis Obispo 
cos.) from Nacimiento Reservoir.

 (A) From the headwaters in the 	Last Saturday in Apr. through	 5
Los Padres National Forest, 	Nov. 15.
downstream to the southern 	
border of Fort Hunter-Liggett 	
Military Reservation. 
(B) Nacimiento Lake, and the 	All year. 	5
main stem Nacimiento River 
upstream to the southern boundary of 
Fort Hunter-Liggett. 
 (C) Main stem below Nacimiento 	Saturday preceding 	0
Dam, downstream to its confluence 	Memorial Day 
with the Salinas River.	through October 31. 
	Only artificial lures 
	with barbless hooks 
	may be used.

 (129) Napa River and tributaries 
(Napa Co.). Also see Section 8.00(b).
 (A) Main stem above the Oakville 	Closed to all fishing
Cross Road Bridge near Yountville 	all year.
and all Napa River tributaries.

 (B) From the Oakville Cross 	Fourth Saturday in May	2 hatchery
Road Bridge near Yountville	through Mar. 31. Only	trout or
to the Trancas Bridge. Note: 	artificial lures with	hatchery
The Napa River below the 	barbless hooks may 	steelhead**
Trancas Bridge is tidewater, 	be used from the fourth 	4 hatchery
and is under the regulations 	Saturday in May through	trout or
for the Ocean and San Francisco 	Oct. 31. Only barbless	hatchery
Bay District (see Sections 1.53 	hooks may be used	steelhead**
and 27.00).	from Nov. 1 through 	in possession
	Mar. 31.	Closed to
		 salmon
		 fishing.
		No take or

		possession of
		salmon.

 (130) Navarro River and tributaries 
(Mendocino Co.). Also see 
Section 8.00(b).

 Main stem below the 	Fourth Saturday in May	0
Greenwood Road bridge.	through Oct. 31. Only
	artificial lures with
	barbless hooks may be used.

	Nov. 1 through Mar. 31.	2 hatchery
	Only barbless hooks	trout or
	may be used.	hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession

 (130.5) Nelson Corral Reservoir
 and tributary (Lassen Co.).
 (A) Nelson Corral Reservoir. 	All year. 	2 trout

 (B) Nelson Corral Reservoir 	Closed to all fishing all year
tributary (the unnamed tributary 
entering the reservoir at the 
north end). 
 (131) Newlands Lake tributaries 	Closed to all fishing
(Lassen Co.).	all year
 (132) Nicasio Lake tributaries 	Last Saturday in Apr.	5
(Marin Co.).	through Nov. 15

 (133) Noyo River and tributaries	
 (Mendocino Co.). Also see 
Section 8.00(b).
 (A) Noyo River main stem  	Fourth Saturday in May	0
from the mouth to the 	through Oct. 31. Only
Georgia--Pacific logging road 	artificial lures with
bridge one mile east of Highway 1.	barbless hooks may be used.
	Nov. 1 through Mar. 31.	2 hatchery
	Only barbless hooks	trout or
	may be used.	hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession

 (B) Noyo River main stem from 	Fourth Saturday in May	0
the Georgia-Pacific logging road 	through Oct. 1.
bridge one mile east of Highway 1 	Only artificial lures with
to the confluence with the South 	barbless hooks may 
Fork Noyo River.	be used.

 (C) Noyo River main stem	Fourth Saturday in May	0
from the confluence with the 	through Oct. 31. Only
South Fork Noyo River to the	artificial lures with
Sonoma/Mendicino Boy Scout 	barbless hooks may be used.
Council Camp.	Nov. 1 through Mar. 31.	2 hatchery
	Only barbless hooks	trout or
	may be used.	hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
 (134) Owens River (Inyo and 	First Saturday in Mar.	5 per day
Mono Cos.), including 	through Oct. 31.	10 in
Pleasant Valley and Tinemaha		possession
lakes, except (A), (B), (C),  (D)	
and (E) below.		

	Nov. 1 through the Friday 	5
	preceding the first Saturday in 
	Mar. 

 (A) Upper Owens River	Last Saturday in April	2
from Benton Bridge road	through Nov. 15.
crossing upstream to Big Springs.	Maximum size limit:
Above Big Springs, see Deadman 	16 inches total length.
Creek 7.50(b)(54.5).	Only artificial lures with
	barbless hooks may be
	used.
	Nov. 16 through the	0
	Friday preceding the last
	Saturday in Apr. Only

	artificial lures with barbless
	hooks may be used.

 (B) Upper Owens River	Saturday preceding	5 per day
from Benton Bridge road	Memorial Day	10 in
crossing downstream to upper	through Sep. 30.	possession.
Owens River fishing monument.

 (C) Upper Owens River	Last Saturday in April	5 per day
from fishing monument	through July 31.	10 in
(located about 1/4 mile		possession.
upstream from maximum	Aug. 1 through Nov. 15.	2
lake level) to Crowley Lake.	Minimum size limit: 18
	inches total length. Only
	artificial lures with
	barbless hooks may be used.
 (D) From Pleasant Valley	Jan. 1 through Sept. 30.	2
Dam downstream to footbridge	Oct. 1 through Dec. 31. Only 	0
at lower end of Pleasant Valley	artificial lures with barbless
Campground.	hooks may be used.

 (E) From footbridge at lower	All year.	0
end of Pleasant Valley Campground	Only artificial lures 
east (downstream) 3.3 miles along 	with barbless hooks may
Chalk Bluffs Road to the redwood	be used.
sport fishing regulations sign.

 (135) Pajaro River (Monterey,	Dec. 1 through Mar. 7,	0
Santa Clara, Santa Cruz and San	but only on Sat., Sun., Wed.,	
Benito Cos.) from mouth to Uvas	legal holidays and opening
Creek. Also see Section 8.00(c).	and closing days. 
	Only barbless hooks may 
	be used.

 (135.5) Parker Creek (Mono Co.).	Last Saturday in	0
from the Lee Vining Conduit	Apr. though Nov. 15.
to Rush Creek.	Only artificial lures with 
	barbless hooks may be used

 (135.8) Upper Penitencia Creek 	Closed to all fishing all year
(Santa Clara Co.) a tributary to 
Coyote Ck. Also see Section 8.00(c).
 (136) Pescadero Creek (San 	Dec. 1 through Mar. 7,	0
Mateo Co.) from mouth to the	but only on Sat., Sun.,Wed.,	
Stage Road bridge at Pescadero.	legal holidays and opening
Also see Section 8.00(c).	and closing days. Only 
	barbless hooks may be used.
 (137) Pescadero Creek tributaries 	Closed to all fishing
and main stem above the Stage Road	all year.
bridge at Pescadero (Santa Clara and 
San Mateo Cos.).
 (138) Pillsbury Lake tributaries	Last Saturday in Apr. 5	5
(Lake Co.).	through Nov. 15.
 (139) Pine Creek and Pine Creek 	
Slough (Lassen Co.)  See Eagle	
Lake 7.50(b)(61).

 (A) Pine Creek Slough and	Closed to fishing all year.
Pine Creek below State Highway 44.
 (B) Pine Creek above State 	Saturday preceding 	5 per day
Highway 44.	Memorial Day 	10 in possession
	through Nov. 15.	

 (139.5) Pine Creek 	Saturday preceding	5 brown
(Goose Lake Tributary) and	Memorial Day	trout per
tributaries (Modoc Co.).	through November	day.
	15. Only artificial	10 in
	lures with barbless	possession.
	hooks may be used.	No other
		species may
		be taken or
		possessed.
 (139.7) Pinole Creek (Contra 	 Closed to all fishing all year 
Costa Co.) and tributaries.
 (140) Piru Creek (Los Angeles 	
and Ventura cos.). 

 (A) Piru Creek and tributaries	All year. Only artificial lures	2
upstream of Pyramid Lake.	with barbless hooks may be
	used.
 (B) From Pyramid Dam 	Closed to all fishing all 
downstream to the bridge	year.
approximately 300 yards below
Pyramid Lake.
 (C) From the bridge approximately	All year. Only artificial lures 	0
300 yards below Pyramid Lake	with barbless hooks may 
downstream to the falls about 1/2 mile	 be used.
above the old Highway 99 bridge.
 (141) Pit River (Shasta Co.).

 (A) From Pit No. 3 (Britton Dam) 	Last Saturday in Apr.	2
downstream to the outlet of 	through Nov. 15. Minimum 
the Pit No. 3 Powerhouse.	size limit: 18 inches total
	length. Only artificial lures 

	with barbless hooks may be used.
	Nov. 16 through the Friday	0
	preceding the last Saturday
	in Apr. Only artificial lures
	with barbless hooks may
	be used.

 (B) Pit River, from Pit No. 3	Last Saturday in Apr.	5
Powerhouse downstream to Pit	through Nov. 15.
No. 7 dam.	Nov. 16 through the Friday	0
	preceding the last Saturday
	in Apr. Only artifical lures
	with barbless hooks may be used.
 (C) From Pit No. 7 dam 	All year	5
downstream to Shasta Lake.
 (143) Pole Creek and tributaries	Closed to all fishing 
(Placer Co.)	all year

 (144) Portuguese Creek, West 	Last Saturday in Apr.	0
Fork (Madera Co.) from headwaters 	through Nov. 15. Only 
downstream to confluence with 	artificial lures with barbless
the East Fork Portuguese Creek.	hooks may be used

 (145) Prosser Creek from the 	Last Saturday in Apr.	2
Prosser Reservoir dam downstream	through Nov. 15.
to the confluence with the Truckee	Minimum size limit: 14
River (Nevada Co.)	inches total length. Only
	artificial lures with barbless
	hooks may be used.
 (146) Purisima Creek (San Mateo 	Last Saturday in Apr.	5 trout
Co.).	through Nov. 15	

 (147) Putah Creek (Solano and 	All year.	0
Yolo cos.) from Solano Lake to 	Only artificial lures
Monticello Dam.	and barbless hooks may 
	be used.
 (148) Redwood Creek and	Closed to all fishing
tributaries (Alameda Co.).	all year
 (149) Redwood Creek and 	Closed to all fishing
tidewaters (Marin Co.)	all year

 (150) Redwood Creek (Humboldt 
Co.). Also see Section 8.00(a).
 (A) Redwood Creek main stem,	Jan. 1 through Mar. 31.	2 hatchery
within a radius of 200 yards 	Only artificial lures with	trout or
of its mouth.	barbless hooks may 	hatchery
	be used.	steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession

 (B) Redwood Creek main stem, 	Fourth Saturday in May	2 hatchery
from 200 yards above the mouth  	through Mar. 31. Only 	trout or
to the mouth of Prairie Creek.	barbless hooks may	hatchery
	be used.	steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession

 (C) Redwood Creek main stem, 	Fourth Saturday in May	2 hatchery
from the mouth of Prairie Creek 	through Mar. 31. Only	trout or
to the mouth of Bond Creek.	artificial lures with	hatchery
	barbless hooks may be	steelhead**
	used.	4 hatchery
		trout or
		hatchery
		steelhead**
		in possession

 (D) Redwood Creek and tributaries,	Closed to all fishing all
above the mouth of Bond Creek.	year.
 (150.5) Robinson Creek
(Mono Co.).	Last Saturday in	5

 (A) From the U.S.	April through Sept. 14
Forest Service boundary	Sept. 15 through Nov. 15.	0
downstream  to Upper	Only artificial lures
Twin Lake.	with barbless hooks may
	be used.

 (B) Between Upper and	Last Saturday in	5
Lower Twin Lakes.	April through Sept. 14.

 (151) Rock Creek Diversion  	Closed to all fishing all
Channel (Mono Co.).	year.
Rock Creek Diversion Channel
from its source below Tom's Place
to its confluence with
Crooked Creek.

 (152) Rock Creek (Shasta Co.) 	Closed to all fishing
from its confluence with Pit River 	all year
to Rock Creek Falls (about one 
mile upstream)

 (152.5) Roosevelt Lake (Mono Co.).	Last Saturday in Apr.	2
	through Nov. 15.
 (153) Rush Creek (Mono Co.) only	Last Saturday in Apr.	0
from Grant Lake Dam downstream 	through Nov. 15. 
to Mono Lake.	Only artificial lures
	with barbless hooks may be
	used

 (154) Russian Gulch and	Fourth Saturday in May	0
tributaries (Sonoma Co.). 	through Oct. 31. Only
Main stem below the 	artificial lures with
confluence of the East Branch.	barbless hooks may
Also see Section 8.00(b).	be used.
	Nov. 1 through Mar. 31.	2 hatchery
	Only barbless hooks	trout or
	may be used.	hatchery
		steelhead**
		4 hatchery

		trout or
		hatchery
		steelhead**
		in possession
 (155) Russian River and tributaries 	
(Sonoma and Mendocino Cos.). 
Also see Section 8.00(b).

 (A) Russian River main stem 	All year. Only artificial  	2 hatchery
below the confluence of the 	lures with barbless hooks 	trout or
East Branch.	may be used from 	hatchery
	Apr. 1 through Oct. 31. 	steelhead**
	Only barbless hooks may	4 hatchery
	be used from Nov. 1	trout or
	through Mar. 31.	hatchery
		steelhead**
		in possession
 (B) Russian River main stem 	Closed to all fishing
above the confluence of the 	all year.
East Branch and all River 
tributaries. (See Laguna de Santa
Rosa 7.50(b)(93) and Santa Rosa
Creek 7.50(b)(172) for non-salmonids
only.)
 (C) Russian River within 250 	Closed to all fishing
feet of the Healdsburg Memorial 	all year.	
Dam.		

 (156) Sacramento River  	Also see Sierra
and tributaries above Keswick Dam	District General 
(Shasta, and Siskiyou Cos.).	Regulations (See Section
	7.00(b)).

 (A) Sacramento River and	All Year.	0
tributaries from Box Canyon Dam	Only artificial lures with 	
downstream to the Scarlett	barbless hooks may be used.
Way bridge in Dunsmuir.		
 (B) Sacramento River and 	Last Saturday in Apr.	5 per day
tributaries excluding Soda Creek	through Nov. 15.  	10 in
from Scarlett Way bridge downstream		possession
to the county bridge at Sweetbriar
(See Soda Creek 7.50(b)(180.5)).

 (C) Sacramento River mainstem	Nov. 16 through the	0
(excluding tributaries) from	Friday preceding the	
the Scarlett Way bridge	last Saturday in Apr. 	
downstream to the county	Only artificial lures with 	
bridge at Sweetbriar.	barbless hooks may 
	be used.	
 (D) Sacramento River and 	Last Saturday in Apr.	2
tributaries excluding Castle Creek	through Nov. 15.  Only 	
from the county bridge at	artificial lures with barbless 	
Sweetbriar downstream to Shasta 	hooks may be used.	
Lake (See Castle Creek		
7.50(b)(39.3)).

 (E) Sacramento River mainstem	Nov. 16 through the	0
(excluding all tributaries) from	Friday preceding the	
the county bridge at Sweetbriar 	last Saturday in Apr. 	
downstream to Shasta Lake.	Only artificial lures with 
	barbless hooks may 
	be used.	
 (156.5) Sacramento River and	Also see Sierra
tributaries below Keswick Dam	District General 
(Butte, Colusa, Contra Costa, Glenn,	Regulations (See Section
Sacramento, Solano, Sutter, Tehama	7.00(b)).
and Yolo cos.).

 (A) Sacramento River	Closed to all fishing all 
from Keswick Dam to 650	year. 
feet below Keswick Dam.		
 (B) Sacramento River from 650 	All year. Trout maximum 	 1 trout
feet below Keswick Dam to the 	size limit: 16 inches	Closed to
Deschutes Road bridge.	total length.	 the take
	Only barbless hooks may 	of salmon.
	be used.	 

 (C) Sacramento River from the 	Jan. 1 through Mar. 31.	2 hatchery
Deschutes Road bridge to 500 		trout or
feet upstream from Red Bluff		hatchery
Diversion Dam.		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		Closed to the
		take of salmon.

	Apr. 1 through 	2 hatchery
	July 31.	trout or
		hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession and
		 1 wild trout **
		Closed to the
		take of salmon.

	Aug. 1 through 	2 hatchery
	Aug. 30.	trout or
		hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		and 1 wild
		trout**
		2 Chinook salmon
	Aug. 31 through 	2 hatchery
	Dec. 16.	trout or
		hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession

		2 Chinook
		salmon
	Dec. 17 through 	2 hatchery
	Dec. 31.	trout or
		hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		Closed to the
		take of salmon.

 (D) Sacramento River from 	Closed to all fishing 
500 feet upstream from Red  	all year.
Bluff Diversion Dam to 150 feet
below the Lower Red Bluff
(Sycamore) Boat Ramp.
 (E) Sacramento River from 150	Jan. 1 through	2 hatchery
feet below the Lower Red Bluff	July 15.	trout or
(Sycamore) Boat Ramp to the Hwy		hatchery
113 bridge near Knights Landing.		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession

		Closed to the
		take of salmon.

	July 16 through	2 hatchery
	Dec. 16.	trout or
		hatchery

		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		2 Chinook
		 salmon

	Dec. 17 through	2 hatchery
	Dec. 31.	trout or
		hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		Closed to the
		take of salmon.

 (F) Sacramento River from the 	Jan. 1 through 	2 hatchery
Hwy 113 bridge near Knights 	July 15.	trout or
Landing to the Carquinez Bridge		hatchery
(includes Suisun Bay, Grizzly Bay 		steelhead**
and all tributary sloughs west of		4 hatchery
Highway 160).		trout or
		hatchery
		steelhead**
		in possession
		Closed to the
		take of salmon.
	July 16 through	2 hatchery
	Dec. 16.	trout or
		hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**

		in possession
		2 Chinook
		salmon
	Dec. 17 through	2 hatchery
	Dec. 31.	trout or
		hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		Closed to the
		take of salmon.

 (157) Sagehen Creek (Nevada 
Co.). 
 (A) From the stream gauging 	Closed to all fishing
station (located about one--eight 	all year
mile below Sagehen Creek Station 
Headquarters) upstream to about  
one--eight of a mile above the 
station headquarters at a point
where the stream splits into two 
sections.

 (B) From the Highway 89	Last Saturday in	0
bridge upstream to the gauging	Apr. through Nov. 15
station at the east boundary	Only artificial lures
of the Sagehen Creek Station.	with barbless hooks
	may be used

 (158) Salinas River and tributaries 	
(Monterey and San Luis Obispo 
Cos.). Also see Section 8.00(c).

 (A) The main stem Salinas River. 	Dec. 1 through Mar. 7,	0
	but only on Sat., Sun.,Wed.,	
	legal holidays and opening 
	and closing days. Only barbless 
	hooks may be used.

 (B) All Salinas River tributaries 	Last Saturday in Apr.	0 trout
upstream of Arroyo Seco River	through Nov. 15.
confluence (including the San	Only barbless hooks may 
Antonio River below San Antonio	be used.
Reservoir and Dam, Paso Robles 
Creek and tributaries, 
Atascadero Creek, Santa Margarita 
Creek and tributaries but 

excluding the Nacimiento River) 
See 7.50(b)(128).
 (159) Salmon Creek and 	
tributaries (Sonoma Co.). 
Also see Section 8.00(b).
 (A) Salmon Creek main stem 	Fourth Saturday in May	0
below Highway 1.	through Mar. 31. Only 
	artificial lures with
	barbless hooks may be 
	used from the fourth 
	Saturday in May through 
	Oct. 31. Only barbless 
	hooks may be used from 
	Nov. 1 through Mar. 31.

 (B) Salmon Creek main stem 	Closed to all fishing
above Highway 1 and all 	all year
Salmon Creek tributaries.
 (160) Salmon Creek and 	Last Saturday in Apr.	5 trout
tributaries above Highway 1 	through Nov. 15	
(Monterey Co.).
 (161) Salmon River (Siskiyou 	See Klamath River 
Co.)	7.50(b)(91.1).

 (163) San Benito River and 	Last Saturday in Apr.	5 trout 
tributaries (San Benito Co.).	through Nov. 15	0 salmon

 (164) San Clemente Creek and 	Last Saturday in Apr.	
tributaries (Monterey Co.) 	through Nov. 15	0
except for Trout Lake.	Only artificial lures with 
	barbless hooks may 
	be used

 (165) San Clemente Reservoir 	Closed to all fishing
(Monterey Co.).	all year

 (165.2) San Diego Creek 	Saturday preceding  	0 trout or
(Orange Co.). Downstream of the 	Memorial Day through  	steelhead 
MacArthur Blvd. bridge only. 	Nov. 30. Only artificial
	 lures with barbless hooks 
	may be used.  
 (166) San Francisquito Creek and 	Closed to all fishing
tributaries (Santa Clara and San 	all year
Mateo Cos.)
 (167) San Gabriel River, West fork 		
and tributaries (Los Angeles Co.). 	
 (A) Upstream of Cogswell Dam	All year. Only artificial 	2
(including Cogswell reservoir	lures with barbless hooks 
and its tributaries).	may be used.

 (B) From Cogswell Dam	All year. Only artificial	0
downstream to the second bridge	lures with barbless hooks 
upstream from the Highway 39	may be used.
bridge.
 (167.2) San Gabriel River 	Saturday preceding Memorial 	0 trout  (Los Angeles and Orange Cos.)	Day through Nov. 30.  	or
Upstream of the Highway 22 	Only artificial lures with	steelhead
bridge to the start of concrete-lined 	barbless hooks may be
portion of the river channel.  	used. 
 (168) San Gregorio Creek (San 	Dec. 1 through Mar. 7,	0
Mateo Co.) from the mouth to the 	but only on Sat., Sun.,Wed.,	
Stage Road bridge at San Gregorio.	legal holidays and opening
	and closing days. Only 
	barbless hooks may be used.

 (168.5) San Joaquin River (Fresno, 
Madera, Merced, San Joaquin, and
Stanislaus Cos.).
 (A) From Friant Dam downstream	All year.	5 trout
to the Highway 140 bridge.		Closed to salmon
		 fishing.
		No take or
		possession of
		salmon.
 (B) From the Highway 140 bridge	All year.	0 trout
downstream to the Interstate 5		Closed to salmon
bridge at Mossdale.		fishing.
		No take or
		possession of
		salmon.

 (168.6) San Juan Creek main stem	Closed to all fishing all	
(Orange Co.).	year.
 (169) San Lorenzo River (Santa 	Dec. 1 through Mar. 7,	0
Cruz Co.) from the mouth to the	but only on Sat., Sun.,Wed.,	
Lomond Street bridge in the town  	legal holidays and opening	
of Boulder Creek. Also see Section	and closing days.	
8.00(c).	Only barbless hooks may
	be used.
 (170) San Luis Obispo Creek (San 	Dec. 1 through Mar. 7,	0
Luis Obispo Co.) from mouth to the 	but only Sat., Sun.,Wed.,	

first and most southwestern	legal holidays and opening
highway 1/101 bridge (the first	and closing days.
bridge upstream from the lagoon).	Only barbless hooks may
	be used.
 (170.1) San Luis Rey River (San	Closed to all fishing all 
Diego Co.).	year.
 (170.5) San Mateo Creek	Closed to all fishing all 
and tributaries downstream	year.
from the falls between	
the Tenaja Road crossing	
and Fisherman's Camp	
(San Diego and Riverside	
cos.).

 (171) San Simeon Creek (San Luis 	Dec. 1 through Mar. 7,	0
Obispo Co.) from mouth to the 	but only Sat., Sun.,Wed.,	
pedestrian bridge in San Simeon	legal holidays and opening
Beach State Park.	and closing days.
	Only barbless hooks may
	be used.

 (171.6) Santa Margarita River	Closed to all fishing all
and tributaries downstream	year.
from the Interstate 15 bridge
(San Diego and Riverside cos.).
 (171.7) Santa Paula Creek	All year.	5
and tributaries above the falls located
3 miles upstream from the Highway 
150 bridge (Ventura Co.).

 (172) Santa Rosa Creek (Sonoma	Last Saturday in Apr.	0
Co. tributary to Russian River)	through Nov. 15. Open to
from Laguna de Santa Rosa to 	fishing for non--salmonids
Highway 12 bridge.	only, no salmon or trout may
	be taken
 (172.3) Santa Ynez River and 	Closed to all fishing all year.
tributaries downstream from 
Bradbury Dam (Santa Barbara Co.). 
 (172.5) Santa Ynez River and	All year	2
tributaries upstream of Gibraltar
Dam (Santa Barbara County).
 (172.7) Sausal Creek 	Closed to all fishing all year.
(Alameda Co.). and tributaries 
 (173) Scott Creek (Santa Cruz	Dec. 1 through Mar. 7,	0
Co.) from mouth to confluence	but only Sat., Sun.,Wed.,	
with Big Creek.	legal holidays and opening
	and closing days. 
	Only barbless hooks may
	be used
 (174) Scott River (Siskiyou Co.).	See Klamath River 
	7.50(b)(91.1).
 (174.3) See Canyon Creek	Closed to all fishing all
(San Luis Obispo Co.).	year.
 (174.5) Sespe Creek and	All year. Only artificial lures	0
tributaries above Alder	with barbless hooks may
Creek confluence.	be used.
(Ventura Co.).
 (175) Shasta Lake (Shasta Co.).	All year	5
 (176) Shasta River (Siskyou Co.).	See Klamath River 
	7.50(b)(91.1).

 (176.5) Sheepheaven	See McCloud River
Creek and all tributaries	7.50(b)(115).
(Siskiyou Co.).	
    (177) Shovel Creek and 	See Klamath River 
tributaries (Siskiyou Co.).	7.50(b)(91).

 (177.2) Silver Creek	Closed to all fishing
(Mono County)	all year.
tributary to West Walker
River and tributaries
upstream from Silver Falls.

 (177.5) Silver Creek between	Closed to all fishing
Sworinger Lake and Lost Lake	all year
and all other tributaries to 
Sworinger Lake (Modoc and
Lassen Cos.).
 (178) Silver King Creek and 	
tributaries (Alpine Co.)
 (A) Silver King Creek and 	Closed to all fishing 
tributaries including lakes	all year
above Tamarack Lake Creek 
(within section 7 T7N R22E).
 (B) Silver King Creek and	May 21, 2009 through	10 trout per
tributaries from the confluence	Nov. 15.	day 10 in
with Tamarack Lake Creek 		possession
(within section 7 T7N R22E)
downstream to the confluence

with Snodgrass Creek.		
 (178.5) Sisquoc River	All year.	0
and tributaries (Santa	Only artificial lures with 
Barbara Co.).	barbless hooks may be used.
 (179) Slinkard Creek and 	Aug. 1 through Nov. 15.	0
tributaries (Mono Co.) upstream	Only artificial flies with
from a Department of Fish and Game 	barbless hooks may be used.
cable crossing located about 2.7
miles south of a point on Highway 
89 two miles west of its junction with 
Highway 395 (the cable is located about 
600 feet below a rock dam on Clinkard 
Creek within the south half of Section 
21, T9N, R22E).
 (180) Smith River (Del Norte Co.)
Also see Section 8.00(a). Yearly limits 
apply for entire river.

 (A) Main stem from the mouth to 	Fourth Saturday in May 	0 wild trout
confluence of Middle and South 	through Apr. 30. Only 	or steelhead
forks. 	artificial lures with 	per year, or
	barbless hooks may be 	2 hatchery
	used from the fourth 	trout or
	Saturday in May through 	hatchery
	Aug. 31. 	steelhead**

	Only barbless hooks may	 4 hatchery
	be used from Sep. 1 	trout or
	through Apr. 30.	hatchery
		steelhead**
		in possession.
		2 cutthroat
		trout minimum
		size limit:
		10 inches total
		length
		1 Chinook salmon
		and no more 
		than 5 wild 
		Chinook salmon*
		per year.
 (B) Middle Fork Smith River 
 1. from mouth to Patrick Creek 	Fourth Saturday in 	0 wild trout
	May through Mar. 	or steelhead
	31. Only artificial 	per year, or
	lures with barbless 	2 hatchery
	hooks may be used 	trout or
	from the fourth Saturday 	hatchery
	in May through Aug. 31. 	steelhead**
	Only barbless hooks 	4 hatchery
	may be used from 	trout or
	Sep. 1 through 	hatchery
	Mar. 31. 	steelhead**
		in possession.
		2 cutthroat trout
		minimum size limit:
		10 inches
		total length.

		1 Chinook salmon
		and no more 
		than 5 wild 
		Chinook salmon*
		per year.

 2. above the mouth of Patrick 	Fourth Saturday in May 	2 cutthroat
Creek	through Oct. 31. 	 trout minimum
	Only artificial lures	size limit: 10
	with barbless hooks may 	inches total
	be used.   	length. No 
		other salmonids 
		may be taken. 
 (C) South Fork Smith River	Fourth Saturday in May 	0 wild trout 

 1. from the mouth upstream 	through Mar. 31. Only 	or steelhead
approximately 1,000 feet to the 	artificial lures with 	per year, or
County Road (George Tryon) 	barbless hooks may be 	2 hatchery
bridge and Craigs Creek to Jones 	used from the fourth 	trout or
Creek.	Saturday in May through 	hatchery
	Aug. 31. 	steelhead**
	Only barbless hooks 	4 hatchery
	may be used from 	trout or
	Sep. 1 through 	hatchery
	Mar. 31. 	steelhead**
		in possession.
		2 cutthroat trout
		minimum size limit:
		10 inches

		total length
		1 Chinook salmon
		and no more 
		than 5 wild 
		Chinook salmon*
		per year.
 2. from the George Tryon bridge	Closed to fishing all 
upstream to the mouth of Craigs	year.
Creek.

 3. above the mouth of Jones 	Fourth Saturday in May 	2 cutthroat
Creek. 	through Oct. 31. Only 	trout
	artificial lures with 	 minimum
	barbless hooks may be 	size limit: 10
	used.    	inches total
		length. No
		other salmonids
		 may be taken.

 (D) North Fork Smith River 
 1. from the mouth to Stony 	Fourth Saturday in May	0 wild trout
Creek  	through Mar. 31. 	or steelhead
	Only artificial lures with	per year, or
	barbless hooks may be 	2 hatchery
	used from the fourth 	 trout or
	Saturday in May through 	hatchery
	Aug. 31. 	steelhead**
	Only barbless hooks 	4 hatchery
	may be used from 	trout or
	Sep. 1 through 	hatchery
	Mar. 31. 	steelhead**
		in possession.
		2 cutthroat trout
		minimum size limit:
		10 inches
		total length.
		1 Chinook salmon
		and no more 
		than 5 wild 
		Chinook salmon*
		per year.
 2. above the mouth of Stony 	Fourth Saturday in May	2 cutthroat
Creek 	through Oct. 31. Only 	trout
	artificial lures with 	minimum
	barbless hooks may 	size limit: 10
	be used.     	inches total 
		length. No
		 other salmonids
		 may be taken.
 (180.5) Soda Creek (Shasta Co.) 	Last Saturday in Apr. through	0
	Nov. 15. Only artificial lures 
	with barbless hooks may be used. 

 (181) Sonoma Creek and 
tributaries (Sonoma Co.). Also see 
Section 8.00(b).
 (A) Sonoma Creek and	Last Saturday in Apr.	5
tributaries above the 	through Nov. 15.
Adobe Canyon Road bridge.

 (B) Sonoma Creek and tributaries 	Closed to all fishing 
between the Adobe Canyon Road 	year.
bridge and the Highway 121 bridge.
Note: Sonoma Creek below the 
Highway 121 Bridge is tidewater, 
and is regulated by regulations
for the Ocean and San Francisco
Bay District (see sections 1.53 and
27.00).
 (181.8) Sonoma Lake (Sonoma 	All year	2
Co.).

 (182) Sonoma Lake tributaries 	Last Saturday in April	2
(Sonoma Co.).	through Apr. 15.
 (183) Soquel Creek (Santa Cruz 	Dec. 1 through Mar. 7,	0
Co.) from mouth to confluence 	but only on Sat., Sun., Wed.,	
of East and West branch. Also see 	legal holidays and opening
Section 8.00(c).	and closing days.
	Only barbless hooks may
	be used. 
 (184) Soulajoule Lake tributaries	Last Saturday in Apr. through	5
(Marin Co.).	Nov. 15
 (185) Squaw Valley Creek 	Last Saturday in Apr.	2
and tributaries (Shasta Co.) only 	through Nov. 15
from the bridge crossing
on U S Forest Service road (#39N21)
located one-eighth mile upstream
of the mouth of Cabin Creek (Northwest
1/4 of Section 14, T38N, R3W) 

downstream to an including Tom Dow 
Creek.
 (186) Stanislaus River (Calaveras, 
San Joaquin, Stanislaus and 
Tuolumne Cos.).
 (A) From Goodwin Dam down--	Jan. 1 through Oct. 31.	0 trout
stream to the Highway 120 bridge	Only artificial lures with	Closed to
in Oakdale.	barbless hooks may be used.	 salmon
		 fishing.
		No take or
		possession of
		salmon.

 (B) From the Highway 120 bridge	Jan. 1 through Oct. 31.	0 trout
in Oakdale to the mouth.	Bait may be used from 	Closed to
	Jan. 1 through Oct. 31. 	salmon
	However, from April 1	 fishing.
	through the Friday 	No take or
	preceding the fourth 	possession of
	Saturday in May,	salmon.
	bait may be used only with
	single hooks having a gap
	between 1/2 and 1 inch, or
	with multiple hooks having
	a gap between 1/4 and 1/2
	inch.
 (187) Stanislaus River, Middle 
Fork (Tuolumne Co.).
 (A) Beardsley Afterbay.	All year minimum size	2
	limit: 14 inches total length.
	Only artificial lures with 
	barbless hooks may be used.
 (B) From Beardsley Dam 	Last Saturday in Apr. 	2
downstream to the U. S. Forest 	through Nov. 15. Minimum 
Service footbridge at Spring Gap.	size limit: 14 inches total length. 
	Only artificial lures with barbless 
	hooks may be used. 
 (C) From the U.S. Forest Service 	Last Saturday in Apr.	2
footbridge at Spring Gap to New 	through Nov. 15
Melones Reservoir.
 (187.5) Stevens Creek (Santa 	Last Saturday in April	0
Clara Co.) downstream of Stevens	through Nov. 15. Only 	
Reservoir. 	artificial lures with  	
	barbless hooks may be	
	used.	
 (188) Stone Lagoon (Humboldt 	All year.	2 cutthroat
Co.).	Only artificial lures with	trout No
	barbless hooks may	other salmonids
	be used.	shall be taken.
	Cutthroat trout minimum
	size limit: 14 inches.

 (189) Stony Creek, and tributaries	
(Colusa, Glenn and Lake Cos.).	

 (A) From the headwaters 	Last Saturday in April	5 per day
downstream to the diversion dam	through Nov. 15.	10 in
west of Stonyford in the center of		possession
Section 35, T18N, R7W, except
the portion of Stony Creek Middle	Nov. 16 through the Friday	0
Fork from Red Bridge upstream.	preceding the last Saturday
	in April. Only artificial
	lures with barbless hooks
	may be used.

 (B) Stony Creek Middle Fork	Last Saturday in April	2
from Red Bridge upstream.	through Nov. 15. Only
	artificial lures with barbless
	hooks may be used.
	Nov. 16 through the Friday	0
	preceding the last Saturday
	in April. Only artificial lures 
	with barbless hooks may be 
	used.
 (189.5) Susan River (Lassen 	Last Saturday in April	0
County) from the confluence of	through November 15.	
Willard Creek and the Susan	Only artificial lures with
River, downstream to the Bizz	barbless hooks may be
Johnson trail bridge located approx. 	used.
1/4 mi. downstream from the 3 mi.
marker on the Bizz Johnson trail.
Also, see Section 8.10 for special
open season for youths participating
in Youth Fishing Derby.
 (190) Sweetwater River and 	Closed to all fishing all year.
tributaries downstream 

from the Sweetwater Dam 
(San Diego Co.). 

 (191) Sworinger Lake tributaries 	Closed to all fishing
(Modoc and Lassen Cos.) upstream 	all year
to the first lake 
 (192) Tahoe Lake and tributaries 	
(Placer and El Dorado Cos.).	
 (A) Tahoe Lake tributaries 	July 1 through 	5 per day
upstream to the first lake.	Sept. 30	10 in possession

 (B) Tahoe Lake except (192)(C) 	All year.	5, but no more
below.		than 2 
		mackinaw trout
 (C) Tahoe Lake within 300 feet 	July 1 through 	5, but no
of the mouth of its tributaries.	Sept. 30.	more than
		2 mackinaw trout
 (193) Ten Mile River and 	
tributaries (Mendocino Co.). Also  		
see Section 8.00(b).		
 Ten Mile River main stem 	Fourth Saturday in May	0
below the confluence with the 	through Oct. 31.	
Ten Mile River North Fork, and 	Only artificial lures with barbless 	
the Ten Mile River North Fork	hooks maybe used.	
below the confluence with	Nov. 1 through Mar. 31.	2 hatchery
Bald Hill Creek.	Only barbless hooks may	trout or
	be used.	hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
 (193.5) Topanga Canyon	Closed to all fishing all year.
Creek and tributaries	
(Los Angeles Co.).	
 (194) Topaz Lake (Mono Co.).	Jan. 1 through Sept. 30	5
 (194.5) Trabuco Creek (a.k.a. 	Closed to all fishing all year. 
Arroyo Trabuco Creek)(Orange Co.). 
Downstream of the I-5 bridge to 
the confluence with San Juan Creek 
 (195) Trinity River.	See Klamath River	
	Regulations subsection (b)(91.1)(F)6.
 (195.5) Trout Lake (Siskiyou Co.).	Only Wednesdays and 	2
	weekends from the last
	Saturday in April through 
	Sept. 30. Only artificial lures 
	may be used.
 (196) Truckee River (Nevada, 		
Placer and Sierra Cos.).		

 (A) Truckee River for 1,000 feet	Closed to all fishing all	
below the Lake Tahoe outlet dam.	year.	
NOTE: THE AREA FROM 1,000 FEET BELOW THE LAKE TAHOE OUTLET DAM DOWNSTREAM TO TROUT CREEK IS REGULATED BY THE DISTRICT GENERAL REGULATIONS.

 (B) Truckee River from the 	Last Saturday in Apr.	2
confluence of Trout Creek 	through Nov. 15.
downstream to the Glenshire 	Minimum size limit: 14
Bridge.	inches total length. Only	
	artificial lures with	
	barbless hooks may	
	be used.
	Nov. 16 through the	0
	Friday preceding the
	last Saturday in Apr.
	Only artificial lures
	with barbless hooks
	may be used.
 (C) Truckee River from the	Last Saturday in Apr.	2
Glenshire Bridge downstream to 	through Nov. 15. 
the mouth of Prosser Creek.	Minimum size limit: 
	14 inches total length. 
	Only artificial flies with
	barbless hooks may be 
	used.
	Nov. 16 through the	0
	Friday preceding the 
	last Saturday in Apr.
	Only artificial flies with
	barbless hooks may
	be used.

 (D) Truckee River from the mouth	Last Saturday in Apr.	2
of Prosser Creek downstream	through Nov. 15. Minimum
to the Nevada State Line.	size limit: 14 inches total
	length. Only artificial lures

	with barbless hooks may 
	be used.
	Nov. 16 through the	0
	Friday preceding the 
	last Saturday in Apr.
	Only artificial lures
	with barbless hooks
	may be used.

 (197) Tule River and 
tributaries (Tulare Co.).

 (A) Tule River, North Fork	All year. Only artificial flies	2
(Tulare Co.), only in the	with barbless hooks
North Fork Tule River	may be used.
and all its forks and tributaries
above the confluence with
Pine Creek (about 50 yards
upstream from the Blue Ridge
road bridge, about 12 1/4
miles north of Springville). 
(B) All remaining	All year.	5 per day
portions of the Tule River		10 in
and tributaries.		possession.
 (198) Tuolumne River (Stanislaus
and Tuolumne Cos.).
  (A) From O'Shaughnessy Dam	Last Saturday in April	2
(Hetch Hetchy Reservoir)	through Nov. 15.
downstream to Early Intake	Maximum size limit:
Dam.	12 inches total length.
	Only artificial lures
	with barbless hooks may
	be used.
	Nov. 16 through the	0
	Friday preceding the 
	last Saturday in Apr.
	Only artificial lures
	with barbless hooks
	may be used.
 (B) From Early Intake Dam	Last Saturday in April	5
downstream to Lumsden Bridge.	through Nov. 15.
	Nov. 16 through the	0
	Friday preceding the 
	last Saturday in April.
	Only artificial lures
	with barbless hooks
	may be used.

 (C) From Lumsden Bridge	Last Saturday in Apr.	2
downstream to Clavey 	through Nov. 15.
River Falls.	Maximum size limit:
	12 inches total length
	Only artificial lures 
	with barbless hooks
	may be used.
	Nov. 16 through the	0
	Friday preceding the 
	last Saturday in Apr.
	Only artificial lures
	with barbless hooks
	may be used.
 (D) From La Grange Dam	Jan. 1 through Oct. 31.	0 trout or
downstream to Hickman bridge.	Only artificial lures with 	steelhead.
	barbless hooks may	Closed to
	be used.	 salmon
		 fishing.
		No take or
		possession of
		salmon.
 (E) From Hickman bridge 	Jan. 1 through Oct. 31.	0 trout
to the mouth.	Bait may be used from	Closed to
	Jan. 1 through Oct. 31. 	 salmon
	However, from April 1	fishing.
	through the Friday 	No take or
	preceding the fourth 	possession of
	Saturday in May,	salmon.
	bait may be used only with
	single hooks having a gap
	between 1/2 and 1 inch, or
	with multiple hooks having
	a gap between 1/4 and 1/2
	inch.

 (199) Upper Otay Lake (San Diego	All year. Only artificial	0 for all
Co.).	lures with barbless hooks	species
	may be used.

 (199.5) Upper Truckee River and	July 1 through Sept. 30.	0
tributaries upstream from confluence	Only artificial lures with 
with Showers Creek (Alpine and	barbless hooks may be used.
El Dorado Cos.).
 (200) Usal Creek and tributaries 		
(Mendocino Co.). Also see 		
Section 8.00(b).		

 Usal Creek main stem below 	Fourth Saturday in May	0
the Usal--Shelter Cove Road	through Oct. 31. Only
 	artificial lures with
	barbless hooks may be
	used.
	Nov. 1 through Mar. 31.	2 hatchery
	Only barbless hooks may	trout or
	be used.	hatchery
		steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
 (201) Uvas or Carnadero Creek 
(Santa Clara Co.) Also see 
Section 8.00(c).
 (A) From Highway 152 Bridge	Closed to all fishing
to Uvas Dam.	all year
 (B) From mouth to Highway	Dec. 1 through Mar. 7,	0
152 Bridge.	but only on Sat., Sun., Wed.,	
	legal holidays and
	opening and closing days.
	Only barbless hooks may be used.
 (202) Van Duzen River (Humboldt 	See Eel River 7.50(b)(63)
Co.). 	and Section 8.00(a).
 (203.5) Waddell Creek	Dec. 1 through Mar. 7,	0
(Santa Cruz Co.) from mouth to	but only Sat., Sun., Wed.,	
Highway 1 bridge.	legal holidays and opening
	and closing days.
	Only barbless hooks may be used.
 (204) Walker Creek and tributaries 		
(Marin Co.) Also see Section 8.00(b). 		

 (A) Walker Creek main stem 	Fourth Saturday in May	0
below Highway 1.	through Mar. 31. Only 
	artificial lures with	
	barbless hooks may be used
	from the fourth Saturday in
	May through Oct. 31.
	Only barbless hooks may
	be used from Nov. 1
	through Mar. 31.

 (B) Walker Creek main stem 	Closed to fishing	
above Highway 1 and all Walker 	all year.	
Creek tributaries.		

 (204.5) Walker Creek (Mono Co.)	Last Saturday in April	0
from the Lee Vining Conduit to	through Nov. 15.
Rush Creek.	Only artificial lures with
	barbless hooks may
	be used.
 (205) Walker River, East Fork 	Last Saturday in Apr.	1
(Mono Co.) from Bridgeport Dam	through Nov. 15. Minimum
to Nevada State Line.	size limit: 18 inches
	total length.
	Only artificial lures with
	barbless hooks 
	may be used.
	NOTE: BOW AND ARROW
	FISHING FOR CARP ONLY
	IS PERMITTED DURING
	TROUT SEASON.
	Nov. 16 through the	0
	Friday preceding the
	last Saturday in Apr.
	Only artificial lures
	with barbless hooks
	may be used.
	NOTE: BOW AND ARROW
	FISHING FOR CARP ONLY
	IS PERMITTED DURING
	TROUT SEASON.
 (206) Walnut Creek (Contra Costa 
Co.) .

 (A) Upstream of the confluence 	Fourth Saturday in May	0 
with Grayson Creek. 	through Mar. 31. Only 

	artificial lure with barbless 
	hooks may be used. 
 (B) Downstream of the confluence 	All year.	0
with Grayson Creek.  
 (206.5) Whiskey Creek (Mono Co.).

 (A) Whiskey Creek downstream	Last Saturday in April	2
from Crowley Lake Drive	through the Friday
(old Highway 395).	preceding Memorial Day
	and Oct. 1 through Nov.
	15. Minimum size limit:
	18 inches total length.
	Only artificial lures
	with barbless hooks may be used.
	Saturday preceding	5 per
	Memorial Day through	day 10
	Sept. 30.	in possession.
 (B) Whiskey Creek	Last Saturday in April	5 per day
upstream from	through Nov. 15.	10 in
Crowley Lake Drive.		possession.
 (207) Wildcat Creek and tributaries 	Closed all year	
(Contra Costa Co.)	to fishing	

 (208) Willow Creek and tributaries	Saturday preceding Memorial	0
(tributary to Goose Lake, Modoc Co.).	Day through Nov. 15.
	Only artificial lures with
	barbless hooks may be
	used.
 (208.5) Wolf Creek (tributary	Closed to fishing all year.
to West Walker River) and Wolf
Creek Lake (Mono Co.).
 (209) Yellow Creek (Plumas Co.) 	Last Saturday in Apr.	2
from Big Springs downstream	through Nov. 15	
to the marker at the lower end of 	Maximum size limit: 10	
Humbug Meadow.	inches total length. Only 	
	artificial lures with
	barbless hooks 
	may be used.

 (210) Yuba River, Middle Fork 	See Milton Lake 7.50(b)(120).	
(Nevada and Sierra Cos.) from 		
Jackson Meadows Dam downstream 		
to Milton Lake.		
 (211) Yuba River, North Fork 	
(Sierra and Yuba cos.) 	Last Saturday in Apr.	2

 (A) From the western 	through Nov. 15.	
boundary of Sierra City to the 	Only artificial lures with	
confluence with Ladies	barbless hooks may be used.	
Canyon Creek.	Nov. 16 through the	0
	Friday preceding the
	last Saturday in Apr.
	Only artificial lures with
	barbless hooks may be
	used.

 (B) From Ladies Canyon Creek	Last Saturday in Apr.	5
downstream to New Bullards	through Nov. 15.
Bar Reservoir.	Nov. 16 through the	0
	Friday preceding the
	last Saturday in Apr.
	Only artificial lures with
	barbless hooks may be
	used.
 (212) Yuba River (Yuba and 
Nevada Cos.) from mouth to
Englebright Dam.
 (A)  From mouth to the	All year.	2 hatchery
Highway 20 bridge.	Only artificial 	trout or
	lures with barbless hooks 	hatchery
	may be used.	steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**
		in possession
		Closed to salmon
		 fishing.
		No take or
		possession of
		salmon.

 (B) From Highway 20 bridge to	Dec. 1 through Aug. 31.	2 hatchery
Englebright Dam.	Only artificial lures	trout or
	with barbless hooks may 	hatchery
	be used.	steelhead**
		4 hatchery
		trout or
		hatchery
		steelhead**

		in possession	
		Closed to salmon
		 fishing.

		No take or
		possession of
		salmon.
* Wild Chinook salmon are those not showing a healed adipose fin clip and not showing a healed left ventral fin clip.
**Hatchery trout or steelhead are those showing a healed adipose fin clip (adipose fin is absent). Unless otherwise provided, all other trout and steelhead must be immediately released. Wild trout or steelhead are those not showing a healed adipose fin clip (adipose fin is present).
NOTE

Authority cited: Sections 200, 202, 205, 215, 220, 240, 315 and 316.5, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 316.5, Fish and Game Code.
HISTORY

1. New section filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
2. Amendment of subsection (b)(91)(K)7 filed as an emergency; operative 9-19-90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to OAL by 1-17-91 or emergency language will be repealed by operation of law on the following day.
3. New subsection (b)(68.5) filed 11-20-90 as an emergency; operative 11-20-90 (Register 91, No. 1). A Certificate of Compliance must be transmitted to OAL by 3-20-91 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (b)(56)(B), (b)(91)(K)7, (b)(119)(B), (b)(133), (b)(156)(F), (b)(190), (b)(203) and (b)(206) filed 1-17-91; operative 1-17-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 8).
5. Editorial correction reinserting text inadvertently omitted (Register 91, No. 8).
6. Certificate of Compliance including amendment as to 11-20-90 order transmitted to OAL 3-19-91 and filed 4-18-91 (Register 91, No. 20).
7. New subsections (b)(115.5) and (b)(199.5) filed 6-12-91; operative 7-12-91 (Register 91, No. 34).
8. Amendment to subsection (b)(156)(A) and (B) filed 7-24-91 as an emergency; operative 7-24-91 (Register 91, No. 48). A Certificate of Compliance must be transmitted to OAL by 11-21-91 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (b)(91) filed 7-31-91; operative 8-1-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 48).
10. New subsection (b)(118.5) filed 8-27-91 as an emergency; operative 8-27-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 12-25-91 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (b)(113) filed 9-17-91 as an emergency; operative 9-17-91 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 1-15-92 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsection (b)(173) filed 12-18-91 as an emergency; operative 12-18-91 (Register 92, No. 20). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be repealed by operation of law on the following day.
13. Amendment of subsection (b)(5) filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 20). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
14. New subsection (b)(203.5) filed 12-18-91 as an emergency; operative 12-18-91 (Register 92, No. 20). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be repealed by operation of law on the following day.
15. Amendment filed 3-12-92; operative 3-12-92 pursuant to Fish and Game Code section 215 (Register 92, No. 20).
16. Amendment of subsection (b)(62) filed 7-14-92; operative 7-14-92 pursuant to Fish and Game Code sections 202 and 215 (Register 92, No. 29).
17. Amendment of subsections (b)(91), (b)(118), (b)(186), and (b)(198) and new subsection (b)(168.5) filed 9-2-92; operative 9-2-92 pursuant to Fish and Game Code sections 202 and 215 (Register 92, No. 36).
18. Repealer of emergency amendments filed 12-18-91 and reinstatement of subsections (b)(173) and (b)(203.5) filed 9-22-92 by operation of Government Code section 11346.1(f) (Register 92, No. 40).
19. Editorial correction of printing error in History 15 (Register 92, No. 40).
20. Amendment of subsections (b)(98) and (b)(208) filed 10-2-92 as an emergency; operative 10-2-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL 2-1-93 or emergency language will be repealed by operation of law on the following day.
21. Amendment of subsection (b)(173) and new subsection (b)(203.5) filed 11-23-92; operative 11-23-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48).
22. Repealer of subsection (b)(94) and amendment of subsections (b)(37) and (b)(95) filed 12-22-92; operative 12-22-92 pursuant to sections 202 and 215, Fish and Game Code (Register 92, No. 52).
23. Repealer of emergency amendment filed 10-2-92 and reinstatement of prior text filed 3-16-93 by operation of Government Code section 11346.1(f) (Register 93, No. 12).
24. Amendment of subsections (b)(98) and (b)(208), and new subsections (b)(49.5), (b)(53.5) and (b)(139.5) filed 5-14-93; operative 5-14-93 (Register 93, No. 20).
25. Amendment of subsection (b)(91.1) filed 9-27-93; operative 9-27-93 pursuant to Fish and Game Code sections 202 and 215 (Register 93, No. 40).
26. Editorial correction of printing error restoring previous changes to subsection (b)(91) (Register 93, No. 43).
27. Editorial correction of printing errors reinstituting amendments referenced in History 15 (Register 94, No. 10).
28. Amendment filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
29. New subsection (b)(118.2) and amendment of Note filed 4-26-94; operative 4-26-94 (Register 94, No. 17).
30. Amendment of subsections (b)(91.1)(C)-(C)3A, new subsections (b)(91.1)(C)3Ai-iii, amendment of subsections (b)(91.1)(B)-(C), (b)(91.1)(C)3B-C, (F), (I)5 and 8, new subsection (b)(91.1)(I)9, subsection renumbering, amendment of (b)(91.1)(I)14, (b)(161), (174), (176), (177) and (195) and Note filed 8-31-94; operative 8-31-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 35).
31. Editorial correction amending subsections (b)(91.1)(C)3.B. and (b)(91.1)(I)8 and 14. and History 30 (Register 94, No. 39).
32. Amendment of subsection (b)(76) and repealer of subsections (b)(76)(A)-(B) filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
33. Amendment of subsection (b)(63) filed 12-12-94; operative 12-12-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 50).
34. Editorial correction inserting inadvertently omitted subsection (b)(115)(E) (Register 94, No. 51).
35. New subsections (b)(115)(A)-(B), subsection relettering, and new subsections (b)(125.5) and (b)(176.5) filed 12-23-94; operative 12-23-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 51).
36. Amendment of subsections (b)(62)-(b)(62)(B) and repealer of subsections (b)(127)-(b)(127)(B) filed 3-28-95; operative 3-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 13).
37. Certificate of Compliance as to 10-27-94 order transmitted to OAL 2-17-95 and filed 3-28-95 (Register 95, No. 13).
38. Amendment of subsections (b)(91.1)(C)3., (b)(91.1)(I)5., and (b)(91.1)(I)14., and new subsections (b)(91.1)(I)4.i), (I)6.i), (I)7.i), and (I)8.i) filed 7-28-95; operative 7-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 30).
39. New subsections (b)(76)(A)-(B) filed 8-25-95; operative 8-25-95 pursuant to Fish and Game Code sections 202 and 215 (Register 95, No. 34).
40. Editorial correction of subsections (b)(188) and (b)(43.5) (Register 95, No. 48).
41. Amendment of subsection (b)(35) filed 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
42. Editorial correction of subsection (b)(150)(B) (Register 96, No. 6).
43. Amendment of subsection (a)(1) and extensive amendment of multiple parts of subsection (b) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code Sections 202 and 205 (Register 96, No. 6).
44. Reinstatement of subsection (b)(35) as it existed prior to emergency amendment filed 11-28-96 by operation of Government Code section 11346.1(f) (Register 96, No. 30).
45. Change without regulatory effect adding subsection (b)(63)(A)2. and amending subsection (b)(63)(B)3. filed 5-20-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 21).
46. Amendment of subsection (b)(30) and repealer of subsections (b)(30)(A)-(B) filed 5-23-96 as an emergency; operative 5-23-96 (Register 96, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-20-96 or emergency language will be repealed by operation of law on the following day.
47. Editorial correction of printing errors in subsections (b)(91.1)(I)8.i and (b)(91.1)(I)11B. (Register 96, No. 29).
48. Amendment of subsection (b)(91.1) filed 7-18-96; operative 7-18-96 pursuant to sections 202 and 215, Fish and Game Code (Register 96, No. 29).
49. Editorial correction adding new History 44, and history renumbering (Register 96, No. 30).
50. Amendment of subsections (b)(35), (b)(63), (b)(63)(B)1. and (b)(63)(B)2., repealer of subsection (b)(63)(B)4., and amendment of subsections (b)(180) and (b)(180)(C) filed 7-25-96; operative 7-25-96 pursuant to Sections 202 and 215, Fish and Game Code (Register 96, No. 30).
51. Certificate of Compliance as to 5-23-96 order transmitted to OAL 9-18-96 and filed 9-25-96 (Register 96, No. 39).
52. Editorial correction of subsection (b)(156)(C) (Register 96, No. 52).
53. Amendment of subsections (b)(156)(G) and (I), (b)(158)(A) and (B) and (b)(163) filed 12-27-96; operative 12-27-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 52).
54. Editorial correction of subsections (b)(2)(B), (b)(9), (b)(85), (b)(92) and (b)(138) (Register 97, No. 26).
55. Amendment of subsections (b)(91.1)(C)3. and (b)(91.1)(I)4. filed 7-7-97 as an emergency; operative 7-7-97 (Register 97, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-97 or emergency language will be repealed by operation of law on the following day.
56. Amendment of subsections (b)(63)(A)-(D)5. filed 7-24-97; operative 7-25-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 30).
57. New subsection (b)(53.9) filed 8-7-97 as an emergency; operative 8-7-97 (Register 97, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.
58. Amendment of subsection (b)(63)(A)1. filed 10-27-97; operative 10-27-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 44).
59. Repealer of subsection (b)(30) and new subsections (b)(30)-(b)(30)(B) filed 12-17-97 as an emergency; operative 12-17-97 (Register 97, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-16-98 or emergency language will be repealed by operation of law on the following day.
60. Editorial correction restoring correct placement of subsection (b)(4) and providing correct capitalization in subsection (b)(134)(C) designator (Register 98, No. 4).
61. Amendment of subsections (b)(5)(A), (b)(5)(C)-(D) and (b)(37) (including new (b)(37)(A) designator and amendment of test therein) and new subsections (b)(5)(E) and (b)(37)(B) filed 2-5-98; operative 2-5-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
62. Amendment of multiple parts of subsection (b) filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
63. Amendment of multiple parts of subsection (b) filed 2-11-98 as an emergency; operative 2-11-98 (Register 98, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-11-98 or emergency language will be repealed by operation of law on the following day.
64. Editorial correction of subsections (b)(6)(B) and (b)(206.5)(A)-(B) (Register 98, No. 9).
65. Order of 2-11-98 amending multiple parts of subsection (b), including further amendments, refiled 3-13-98 as an emergency; operative 3-13-98 (Register 98, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-13-98 or emergency language will be repealed by operation of law on the following day.
66. New subsection (b)(68.1) filed 4-2-98 as an emergency; operative 4-2-98 (Register 98, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-31-98 or emergency language will be repealed by operation of law on the following day.
67. Reinstatement of section as it existed prior to 8-7-97 amendment filed 4-27-98 by operation of Government Code section 11346.1(f) (Register 98, No. 18).
68. Editorial correction of History 59 (Register 98, No. 19).
69. Certificate of Compliance as to 12-17-97 order transmitted to OAL 4-15-98 and filed 5-7-98 (Register 98, No. 19).
70. Certificate of Compliance as to 3-13-98 order, including additional amendment of multiple parts of subsection (b), transmitted to OAL 7-7-98 and filed 8-11-98 (Register 98, No. 33).
71. New subsection (b)(124)(A) and subsection relettering filed 10-16-98 as an emergency; operative 10-16-98 (Register 98, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-16-99 or emergency language will be repealed by operation of law on the following day.
72. New subsection (b)(23.5), amendment of subsections (b)(32)(A), (b)(56)(A) and (b)(61)(C), new subsection (b)(168.5)(A) and subsection relettering filed 12-22-98; operative 12-22-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 52).
73. Change without regulatory effect amending subsections (b)(156)(E)-(F) filed 1-12-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 3).
74. Certificate of Compliance as to 10-16-98 order transmitted to OAL 2-10-99 and filed 3-23-99 (Register 99, No. 13).
75. Amendment of subsection (b)(62)(A) filed 6-10-99; operative 6-10-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 24).
76. Amendment of subsection (b)(91.1) filed 8-5-99; operative 8-5-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 32). 
77. Editorial correction of subsections (b)(119)(A)-(B) and (b)(205)(A) (Register 2000, No. 7).
78. Amendment filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
79. Amendment of subsection (b)(62)(A) filed 6-22-2000; operative 7-22-2000 (Register 2000, No. 25).
80. Amendment of subsections (b)(91.1)-(b)(91.1)(G)8B. filed 6-28-2000; operative 6-28-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 26). 
81. Change without regulatory effect amending subsection (b)(189.5) filed 8-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 33).
82. Amendment of subsections (b)(19) and (b)(174.5) and repealer of subsections (b)(174.5)(A)-(B) filed 2-27-2001; operative 2-27-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 9). 
83. Repealer of subsections (b)(91.1)-(b)(91.1)(G)11., new subsections (b)(91.1)-(b)(91.1)(F)7.i. and amendment of subsections (b)(161), (b)(174), (b)(176), (b)(177) and (b)(195) filed 4-30-2001; operative 5-1-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 18).
84. Amendment filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
85. Amendment of subsections (b)(91.1), (b)(176) and (b)(195) and amendment of Note filed 6-25-2002; operative 6-25-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
86. Amendment of subsection (b)(212)(A), new subsection (b)(212)(B) and subsection relettering filed 8-21-2002; operative 8-21-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 34).
87. Amendment of subsections (b)(5)(E) and (b)(156)(H) filed 11-7-2002 as an emergency; operative 11-7-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-7-2003 or emergency language will be repealed by operation of law on the following day.
88. Amendment of subsections (b)(91.1)(A)2.-(b)(91.1)(F)5. filed 6-17-2003; operative 6-17-2003 pursuant to Fish and Game Code sections 202 and 215 (Register 2003, No. 25). 
89. Reinstatement of subsections (b)(5)(E) and (b)(156)(H) as they existed prior to 11-7-2002 emergency amendment by operation of Government Code section 113436.1(f) (Register 2003, No. 32).
90. Amendment of subsections (b)(5)(E) and (b)(156)(F)-(H) filed 8-7-2003; operative 8-7-2003 pursuant to Fish and Game Code sections 202 and 215 (Register 2003, No. 32).
91. Amendment of subsection (b)(147) filed 12-26-2003 as an emergency; operative 12-26-2003 (Register 2003, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-26-2004 or emergency language will be repealed by operation of law on the following day.
92. Amendment filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9). 
93. Amendment of subsection (b)(91.1) filed 7-22-2004; operative 8-21-2004 (Register 2004, No. 30).
94. Reinstatement of subsection (b)(147) as it existed prior to 12-26-2003 emergency pursuant to Government Code section 11346.1(f) (Register 2004, No. 32).
95. Amendment of subsections (b)(180)(A)-(B)1., (b)(180)(C)1. and (b)(180)(D)1. filed 8-12-2004; operative 9-11-2004 (Register 2004, No. 33).
96. Amendment of subsection (b)(156)(A), new subsections (b)(156)(C) and (b)(156)(E) and subsection relettering filed 8-23-2004; operative 9-22-2004 (Register 2004, No. 35).
97. Amendment of subsections (b)(180)(A), (b)(180)(B)1. and (b)(180)(C)1., new subsection (b)(180)(C)2., subsection renumbering and amendment of subsection (b)(180)(D)1. filed 12-21-2004; operative 1-20-2005 (Register 2004, No. 52).
98. Amendment of subsection (b)(178) filed 8-23-2005 as an emergency; operative 8-23-2005 (Register 2005, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-21-2005 or emergency language will be repealed by operation of law on the following day.
99. Amendment of subsections within subsection (b)(91.1) filed 8-26-2005; operative 8-26-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 34).
100. Reinstatement of section as it existed prior to 8-23-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
101. Editorial correction restoring inadvertently omitted subsection (b)(77.5) (Register 2006, No. 26).
102. Amendment of subsection (b)(178) filed 7-28-2006; operative 7-28-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 30).
103. Amendment of subsection (b)(91.1), and subsections therein, filed 8-11-2006; operative 8-15-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 32).
104. Amendment filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
105. Editorial correction of subsection (b)(129)(B) (Register 2007, No. 10).
106. Amendment of subsections (b)(91.1)(D)1.a.(i) and (b)(91.1)(D)1.f.(i) filed 3-21-2007 as an emergency; operative 3-21-2007 (Register 2007, No. 12). A Certificate of Compliance must be transmitted to OAL by 9-17-2007 or emergency language will be repealed by operation of law on the following day.
107. New subsection (b)(53.8) and amendment of Note filed 5-10-2007; operative 5-10-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 19). 
108. Certificate of Compliance as to 3-21-2007 order, including further amendment of subsection (b)(91.1) and subsections therein, transmitted to OAL 5-18-2007 and filed 6-21-2007 (Register 2007, No. 25). 
109. Amendment filed 12-27-2007; operative 1-26-2008 (Register 2007, No. 52).
110. Amendment of subsection (b)(172.7) filed 2-19-2008; operative 3-20-2008 (Register 2008, No. 8).
111. Amendment of subsections (b)(5)(A)-(E), (b)(12.5), (b)(18.5)(B), (b)(43.5), (b)(59.5), (b)(68)(C)-(E), (b)(118)(B), (b)(124)(A)-(B), (b)(129)(B), (b)(156)(B), (b)(156)(H), (b)(156)(J), new subsection (b)(156)(K) and amendment of subsections (b)(168.5)-(b)(168.5)(C), (b)(186)(B), (b)(198)(E) and (b)(212)(A) filed 7-2-2008; operative 7-2-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 27). 
112. Amendment of subsections within subsection (b)(91.1) filed 7-23-2008; operative 8-15-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 30).
113. Amendment of subsection (b)(178) and new subsections (b)(178)(A)-(B) filed 5-21-2009; operative 5-21-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 21). 
114. Amendment of subsections (b)(5)(A)-(D), repealer of subsection (b)(5)(E), amendment of subsections (b)(6)(A)-(B), (b)(12.5), (b)(14)(B), (b)(18.5)-(b)(18.5)(B), (b)(20)(A)-(B), (b)(32)(A)-(B), (b)(43.5), (b)(56)(A)-(B), (b)(59.5), (b)(60) and (b)(68)(A)-(C), repealer of subsections (b)(68)(D)-(E), amendment of subsections (b)(118)(A)-(B), (b)(119)(A)-(B), (b)(124)(A)-(B), (b)(129)(B), (b)(156)(A), (b)(156)(E), (b)(156)(G)-(H), (b)(156)(J)-(K) and (b)(168.5)(A)-(B), repealer of subsection (b)(168.5)(C), amendment of subsections (b)(186)(A)-(B), (b)(198)(D)-(E) and (b)(212)(A), repealer of subsection (b)(212)(B), subsection relettering and amendment of newly designated subsection (b)(212)(B) filed 5-26-2009; operative 5-26-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 22). 
115. Editorial correction amending subsections (b)(91.1)(D)2.a.(i), (b)(91.1)(E)2.a. and (b)(91.1)(E)6.a.-b. and g. and repealing subsection (b)(91.1)(E)6.j. (Register 2009, No. 23).
116. Amendment of subsections (b)(91.1) and (b)(91.1)(A)1., repealer of subsections (b)(91.1)2.-3.d., subsection renumbering and amendment of subsections (b)(91.1)(D)-(D)1., (b)(91.1)(D)2.a.(ii)-b.(i) and (b)(91.1)(E)2.a.-5. and (b)(91.1)(E)6.a.-i. filed 6-2-2009; operative 7-2-2009 (Register 2009, No. 23).
117. Editorial correction of subsections (b)(20)(C) and (b)(178) (Register 2009, No. 37).
118. Amendment of subsections (a)(1)-(2), (a)(5), (b)(1.5), (b)(2), (b)(3),  (b)(5)(A)-(D), (b)(12)(A), (b)(18), (b)(19.5), (b)(22), (b)(27), (b)(28.5), (b)(35), (b)(47), (b)(53.8), (b)(65), (b)(66), (b)(68.2), (b)(69), (b)(70), (b)(72), (b)(72.5), (b)(73), (b)(84), (b)(102), (b)(107)(A)-(B), (b)(124)(A)-(B), (b)(128)-(b)(128)(C), (b)(129), (b)(129)(B), (b)(130), (b)(133)(A)-(C), (b)(147), (b)(150)(A)-(C), (b)(154), (b)(155)(A), (b)(156)(C), (b)(156)(E), (b)(156)(G)-(H), (b)(156)(J)-(K), (b)(171.6), (b)(180)-(b)(180)(B)1., (b)(180)(C)1., (b)(180)(D)1., (b)(181)-(b)(181)(A), (b)(182), (b)(187.5), (b)(193), (b)(200) and (b)(212)(A)-(B), new subsections (b)(1.5)(A)-(B), (b)(4.5), (b)(25.3) and (b)(181.8), repealer of subsection (b)(88) and new footnote filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
119. Amendment of subsection (b)(91.1), and subsections therein, filed 5-26-2010; operative 6-25-2010 (Register 2010, No. 22).
120. Amendment of subsections (b)(5)(D) and (b)(68)(C), new subsection (b)(68)(D) and amendment of subsections (b)(156)(H) and (b)(156)(J)-(K) filed 7-12-2010; operative 7-12-2010 pursuant to Fish and Game Code section 215 (Register 2010, No. 29). 
121. Amendment of subsections (b)(5)(A)-(b)(5)(D), new subsection (b)(5)(E), amendment of subsections (b)(68)(D) and (b)(156), repealer of subsections (b)(156)(F)-(K), new subsections (b)(156.5)-(b)(156.5)(F) and amendment of second footnote filed 6-16-2011; operative 6-16-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 24). 
122. New subsection (b)(35.6), amendment of subsections (b)(91.1)(D)1., (b)(91.1)(D)2.(ii), (b)(91.1)(E)2.a.-b. and (b)(91.1)(E)6.a.-b., repealer of subsection (b)(91.1)(E)6.c., subsection relettering and amendment of newly designated subsections (b)(91.1)(E)6e.-f. filed 6-21-2011; operative 7-21-2011 (Register 2011, No. 25).
123. Editorial correction of subsections (b)(199) and (b)(200) (Register 2011, No. 28).
124. Amendment of subsection (b)(1.5)-(b)(1.5)(A) and new subsection (b)(1.5)(A)1. filed 9-22-2011; operative 9-22-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 38).
125. Amendment of subsection (b)(68) filed 1-9-2012; operative 2-8-2012 (Register 2012, No. 2).
126. Amendment of subsections (b)(91.1)(C)2.b.(i), (b)(91.1)(D)1., (b)(91.1)(E)2.a.-b., (b)(91.1)(E)6.b. and (b)(91.1)(E)6.e.-f. filed 5-17-2012; operative 6-16-2012 (Register 2012, No. 20).
127. Amendment of subsections (b)(5)(A)-(E), (b)(68), (b)(68)(B)-(C), new subsection (b)(68)(D), subsection relettering, amendment of newly designated subsection (b)(68)(E), repealer and new subsections (b)(124)(A)-(C), new subsection (b)(124)(D) and amendment of subsections (b)(156.5), (b)(156.5)(B)-(C) and (b)(156.5)(E)-(F) filed 5-21-2012; operative 6-20-2012 (Register 2012, No. 21).
Article 4. Supplemental Regulations
§8.00. Low-Flow Restrictions.
Note     •     History

(a) Eel River, Mad River, Mattole River, Redwood Creek, Smith River and Van Duzen River. Stream closures: Special Low Flow Conditions. From September 1 for the Mad River only and October 1 for all other streams through January 31, any of the stream reaches listed in subsection (1) through (7) below shall be closed to all angling on Tuesday and Wednesday when the department determines that the flow on the previous Monday at any of the designated gauging stations is less than the minimum flows set forth in subsections (1) through (7); any of the stream reaches listed in subsections (1) through (7) below shall be closed to all angling on Thursday and Friday when the department determines that the flow on the previous Wednesday at any of the designated gauging stations is less than the minimum flows set forth in subsections (1) though (7); any of the stream reaches listed in subsections (1) through (7) below shall be closed to all angling from Saturday through Monday when the department determines that the flow on the previous Friday at any of the designated gauging stations is less than the minimum flows set forth in subsections (1) through (7). Notwithstanding this provision, the department may close or keep a stream reach closed to fishing when the minimum flow is exceeded on the scheduled flow determination day if the department is reasonably assured that the stream flow is likely to decrease below the minimum flow as specified in subsections (a)(1)-(7) of Section 8.00 before or on the next flow-determination date. In addition, the department may reopen a stream at any time during a closed period if the minimum flow as specified in subsections (a)(1)-(7) of Section 8.00 is exceeded and the department is reasonably assured that it will remain above the minimum flow until the next scheduled Monday, Wednesday, or Friday flow determination. The department shall make information available to the public by a telephone recorded message updated, as necessary, no later than 1:00 p.m. each Monday, Wednesday, and Friday as to whether any stream will be open or closed to fishing. It shall be the responsibility of the angler to use the telephone number designated in the sport fishing regulations booklet to obtain information on the status of any stream.
(1) The main stem Eel River from the paved junction of Fulmor Road with the Eel River to the South Fork Eel River.
Minimum Flow: 350 cfs at the gauging station near Scotia.
(2) The South Fork of the Eel River downstream from Rattlesnake Creek and the Middle Fork Eel River downstream from the Bar Creek.
Minimum Flow: 340 cfs at the gauging station at Miranda.
(3) Van Duzen River: The main stem Van Duzen River from its junction with the Eel River to the Highway 36 bridge near Bridgeville.
Minimum Flow: 150 cfs at the gauging station near Grizzly Creek Redwoods State Park.
(4) Mad River: The main stem Mad River from the Hammond Trail Railroad Trestle to Cowan Creek.
Minimum Flow: 200 cfs at the gauging station at the Highway 299 bridge.
(5) Mattole River: The main stem of the Mattole River from the mouth to Honeydew Creek.
Minimum Flow: 320 cfs at the gauging station at Petrolia.
(6) Redwood Creek: The main stem of Redwood Creek from the mouth to its confluence with Bond Creek.
Minimum Flow: 300 cfs at the gauging station near the Highway 101 bridge.
(7) Smith River: The main stem Smith River from the mouth of Rowdy Creek, to its confluence with Patrick Creek; the South Fork Smith River from the mouth upstream approximately 1000 feet to the County Road (George Tyron ) bridge and Craigs Creek to its confluence with Jones Creek; and the North Fork Smith River from the mouth to its confluence with Stony Creek.
Minimum Flow: 400 cfs at the Jedediah Smith Redwoods State Park gauging station. 
The number to call for information is (707) 882-3164.
(b) Central Coast Streams: Stream Closures: Special Low Flow Conditions.
From October 1 through April 1, any of the stream reaches listed in subsections (1) and (2) below shall be closed to all angling for a period of one week, commencing on any Thursday, when the Department determines that the flow on the previous Wednesday morning at the designated gauging station is less than the minimum flows set forth in subsections (1) and (2). Notwithstanding this provision, the Department may immediately reopen the streams to fishing if it determines that such flows exceed the minimum flows set forth in subsections (1) and (2) and no negative impact to the resource would result. The Department shall make information available to the public by telephone recorded message, updated no later than 1:00 p.m. each Wednesday, as to whether any stream will be open or closed to fishing. It shall be the responsibility of the angler to use the telephone number designated in the sport fishing regulations booklet to obtain information on the status of any stream.
THE NUMBER TO CALL FOR INFORMATION IS (707) 944-5533.
(1) The Sonoma Creek (Sonoma County), and all streams tributary to the Pacific Ocean (and its bays) in Mendocino, Sonoma, and Marin counties, except for the Russian River.
Minimum Flow: 500 cfs at the gauging station on the main stem Russian River near Guerneville (Sonoma County).
(2) The Napa River (Napa County) between Trancas Avenue in Napa and Oakville Cross Bridge near Yountville.
Minimum Flow: 15 cfs at the gauging station at the Oak Knoll Bridge on the main stem Napa River.
(c) South Central Coast Streams -- Special Low Flow Closures: During December 1 through March 7 the following streams (subsections (1) through (7)) will be closed to fishing when the Department determines that stream flows are inadequate to provide fish passage for migrating steelhead trout and salmon. Closed streams will be reopened when the Department determines flows are adequate for fish passage. By December 2005, the Department will develop stream-flow values in cubic-feet-per-second at the below U.S.G.S. gauging stations that indicate when fish passage is impeded and streams are to be closed to fishing. 
(1) Upper Penitencia Ck. (Santa Clara Co.) and Lower Coyote Ck. below its confluence with Upper Penitencia Ck (U. S. G. S. gauging station on lower Coyote Ck. above St. Highway 237 in Milpitas). 
(2) Pescadero Creek and all anadromous reaches of San Mateo Co. coastal streams normally open for fishing, from Elliot Ck. through Milagro Ck., shall be closed to all fishing when the department determines that the Pescadero Ck. flows are impeding fish passge. (U. S. G. S. gauging station is on Pescadero Ck.) 
(3) The San Lorenzo River and all its tributarties, as well as all anadromous reaches of coastal streams normally open for fishing in Santa Cruz Co. from the San Lorenzo R. on North through Wadell Ck., shall be closed to all fishing when the department determines that the San Lorenzo flows are impeding fish passage. (U. S. G. S. gauging station in Henry Cowell Redwood State Park). 
(4) Aptos and Soquel Creeks (Santa Cruz Co.) shall be closed to all fishing when the department determines that the Soquel Ck. flows are impeding fish passage. (U. S. G. S. gauging station on Soquel Ck.). 
(5) The Pajaro River and Uvas, Llagas, and Corralitos Creeks, (Santa Cruz, Monterey, & Santa Clara Co.) shall be closed to all fishing when the department determines that the Pajaro R. flows are impeding fish passage. (U. S. G. S. gauging station on the lower Pajaro River). 
(6) The main stem of the Salinas River (Monterey Co.), below its confluence with the Arroyo Seco River shall be closed to all fishing when the department determines that the flows are impeding fish passage (U. S. G. S. Spreckels gauging station on the Salinas R.). 
(7) The Arroyo Seco River (MontereyCo.) shall be closed to all fishing when the department determines that the flows are impeding fish passage. (Flows to be evaluated at U. S. G. S. Spreckels gauging station on the Salinas R. and the U. S. G. S. gauging station near Geenfield on the Arroyo Seco R.). 
(8) The Carmel River main stem , and the adjacent waters of San Jose, Gibson, Malpaso, Soberanes Creeks that are West of Highway 1 (Monterey Co.), shall be closed to all fishing when the department determines that the flow at the U. S. G. S. gauging station near Carmel is less than 80 cfs. 
(9) The Big Sur River main stem west of the Highway 1 bridge, all of Limekiln Ck and its tributaries, and the anadromous portions of all other Big Sur Coast streams West of Highway 1 in Monterey Co., from Granite Ck. south to Salmon Ck., shall be closed to all fishing when the department determines that the flow at the U. S. G. S. gauging station on the Big Sur River is less than 40 cfs. 
The stream flow gauges referred to above in subsections (8) and (9) will be checked on Tuesday and Friday of each week. The decision as to whether these rivers will be open or closed to fishing will take place only on Tuesday and Friday of each week. In the event that river flow differs later in the week, the fishing status for each specific river will not change until the day following the next scheduled reading. It shall be the responsibility of the angler to use the telephone number designated in the sport fishing regulations booklet to obtain information on the status of any of the rivers or creeks listed above in subsections (1) through (9). THE NUMBER TO CALL FOR INFORMATION IS (831) 649-2886. NOTE: 
NOTE

Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code.
HISTORY

1. Repealer and new section filed 3-1-90; operative 3-1-90 (Register 90, No. 10). For prior history, see Register 89, No. 46.
2. Amendment of subsection (c)(4) filed 9-17-91 as an emergency; operative 9-17-91 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 1-15-92 or emergency language will be repealed by operation of law on the following day.
3. Repealer of subsection (b) and subsection relettering filed 12-22-92; operative 12-22-92 pursuant to sections 202 and 215, Fish and Game Code (Register 92, No. 52).
4. Editorial correction restoring inadvertently omitted subsection (now designated (c)) and correcting History notes (Register 92, No. 52).
5. Amendment of subsection (b)(2), (b)(4)-(5) and (b)(9) filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
6. Amendment of subsection (b), repealer of subsections (b)(2), (b)(4) and (b)(5), subsection renumbering, and amendment of Note filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
7. Amendment of subsections (b)(2) and (b)(5) filed 7-24-97; operative 7-25-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 30).
8. Amendment of subsections (b) and (b)(7), new subsection (d) and amendment of Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
9. Amendment of subsections (b), (b)(1) and (d) filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
10. Amendment of section heading, repealer of first paragraph and subsections (a)-(a)(3), subsection relettering and amendment of newly designated subsection (a)(2) filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
11. Amendment of subsections (a) and (a)(4) and new subsections (d)-(d)(9) filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9). 
12. Amendment of subsection (b) and new subsections (b)(1)-(2) filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
13. Repealer of subsection (c) and subsection relettering filed 12-27-2007; operative 1-26-2008 (Register 2007, No. 52).
14. Amendment of subsections (a), (a)(2) and (a)(7) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§8.01. Special Gear Provisions. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. 
HISTORY

1. New section filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§8.05. Trout and Salmon. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment of subsection (b)(2) filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. Amendment filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
3. Amendment filed 2-2-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
4. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§8.07. Carmel River Winter Trout and Salmon Season, Limit and Special Provision (Monterey Co.), Only from Mouth to the Bridge at Robles Del Rio/Esquiline Roads. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, and 205-210, Fish and Game Code. 
HISTORY

1. New section filed 12-31-84 as an emergency; effective upon filing (Register 85, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-30-85.
2. Repealer filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
3. New section filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
4. Amendment of subsection(c) filed 12-17-86; effective upon filing (Register 86, No. 51).
5. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§8.08. El Estero Lake Restrictions (Monterey Co.). [Repealed]
Note     •     History

NOTE

Authority Cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202 and 205-210, Fish and Game Code.
HISTORY

1. New section filed 1-26-88; operative 3-1-88 (Register 88, No. 6).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§8.10. Youth Fishing Derby, Susan River (Lassen County).
Note     •     History

The Susan River, from the second railroad tunnel (the westernmost) on the Biz Johnson Trail downstream to the Riverside Bridge in the City of Susanville, is open to fishing on the Saturday preceding the last Saturday in April, only to persons under 16 years of age who are registered for the fishing derby sponsored by the Lassen County Sportsmen's Club.
NOTE

Authority cited: Sections 200, 202, 205, 215, 220, 240 and 315, Fish and Game Code. Reference: Sections 200, 205, 206 and 215, Fish and Game Code.
HISTORY

1. New section filed 12-22-98; operative 12-22-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 52). For prior history, see Register 90, No. 10.
§8.15. Llagas Creek (Santa Clara Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Renumbering and amendment of former Section 8.15 to Section 8.16 and new Section 8.15 filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. Repealer filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
§8.16. Los Padres Reservoir Closure (Monterey Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Renumbering and amendment of former Section 8.15 to Section 8.16 filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. Amendment filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
3. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§8.20. Special Provisions Affecting California Indians.
Note     •     History

The department may issue permits (Permit to Take Fall-run Chinook Salmon in the Feather River Using Traditional Fishing Equipment and Methods of the Maidu Indian Tribe, Form FG 710 (4/01) which is incorporated by reference herein) to members of a Maidu Indian Tribe, allowing the take of fish in the Feather River for religious or cultural purposes, using traditional tribal fishing equipment and methods. The permits shall include any restrictions necessary to prevent damage to aquatic resources and to protect endangered or threatened species. All other fishing restrictions found in Chapters 1-3 of Subdivision 1 of Division 1, Title 14, CCR (Inland Sport Fishing Regulations) shall apply.
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 220 and 12300, Fish and Game Code.
HISTORY

1. New section filed 6-18-2001; operative 7-18-2001 (Register 2001, No. 25). For prior history, see Register 85, No. 11.
§8.21. Mississippi Lake Trout Restrictions (Santa Clara Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1,205-210 and 215-222, Fish and Game Code.
HISTORY

1. New section filed 2-5-86; designated effective 3-1-86 (Register 86, No. 6).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§8.25. Nacimiento River Season (Monterey and San Luis Obispo Cos.), Only from Nacimiento Reservoir to Hunter-Liggett Military Reservation. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§8.27. Pajaro River (Monterey, Santa Clara, Santa Cruz and San Benito Cos.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. New section filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. Amendment filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
3. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§8.28. Pescadero Creek and Tributaries Closures (Santa Clara Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
HISTORY

1. New section filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§8.29. Redwood Creek and Tributaries Closures (Alameda Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. 
HISTORY

1. New section filed 2-21-84; designated effective 3-1-84. TEXT INADVERTENTLY NOT PRINTED IN REGISTER 84, NO. 8 DUE TO PRINTING ERROR (Register 86, No. 3).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§8.30. San Clemente Creek and Tributaries Trout Restrictions, Except for Trout Lake (Monterey Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
HISTORY

1. Renumbering of former Section 8.30 to Section 8.31 and new Section 8.30 filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§8.31. San Clemente Reservoir Closure (Monterey Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
HISTORY

1. Amendment filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. Renumbering and amendment of former Section 8.30 to Section 8.31 filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
3. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§8.32. San Francisquito Creek and Tributaries Closures (Santa Clara and San Mateo Cos.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game
HISTORY

1. New section filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§8.35. Uvas or Carnadero Creek (Santa Clara Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. New section filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. Repealer filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
§8.40. Whale Rock Reservoir Trout Restrictions (San Luis Obispo Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§8.42. Wildcat Creek and Tributaries Closures (Contra Costa Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210 of the Fish and Game Code.
HISTORY

1. New section filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.00. Definition. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.10. Trout and Salmon. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment of subsection (d)(1) filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. Amendment filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
3. Amendment of subsection (c) filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
4. Amendment of subsections (c) and (e) filed 12-31-85 as an emergency; designated effective 1-1-86. Certificate of Compliance included (Register 86, No. 1).
5. Amendment of subsection (c) and (e) refiled 1-22-86; effective upon filing (Register 86, No. 6).
6. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.11. Stream Closures: Special Low Flow Conditions. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, and 210, Fish and Game Code. Reference: Sections 200, 202, and 205-210, Fish and Game Code.
HISTORY

1. New section filed 1-26-88; operative 3-1-88 (Register 88, No. 6).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.12. Central Coast Streams: Stream Closures: Special Low Flow Conditions. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 220, and 240, Fish and Game Code. Reference: Sections 200, 205 and 240, Fish and Game Code.
HISTORY

1. New section filed 3-10-89 as an emergency; operative 3-10-89 (Register 89, No. 11). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-10-89.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 89, No. 52).
3. New section filed 12-22-89 as an emergency; operative 12-22-89 (Register 89, No. 52). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation law on 4-23-90.
4. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.15. Berryessa Lake Trout and Salmon Limit (Napa Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.20. Eel River Main Stem (Mendocino and Lake Cos.), Only from Mendocino-Trinity County Line to Scott Dam. (See North Coast District Regulations for Eel River in Humboldt and Trinity Cos.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
HISTORY

1. Amendment filed 12-15-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 51).
2. Repealer and new section filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
3. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.21. Eel River, Middle Fork (Mendocino Co.), Only Main Stem from Mouth to Bar Creek. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
HISTORY

1. New section filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.23. Eel River, Middle Fork Tributaries (Mendocino Co.), Only Those Portions of Middle Fork Eel River Tributaries Above the Indian Dick/Eel River Ranger Station Road. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
HISTORY

1. New section filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.24. Eel River, North Fork (Mendocino Co.), Only Main Stem and Tributaries from Mouth to Trinity-Mendocino County Line. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
HISTORY

1. New section filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.25. Eel River, South Fork (Mendocino Co.), Only Main Stem from Humboldt-Mendocino County Line to Rattlesnake Creek. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
HISTORY

1. New section filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8). For prior history, see Register 83, No. 4.
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.26. Main Stem Eel River Restrictions (Mendocino and Lake Cos.), from Mendocino-Trinity County Line to Scott Dam. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200-202, 203.1, 205, 210 and 220, Fish and Game Code.
HISTORY

1. New section filed 12-15-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 51).
2. Repealer filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
§9.30. Main Stem Eel River Restrictions (Mendocino and Lake Cos.), Only Between Scott Dam and Cape Horn Dam. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment of section heading and subsection (b) filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. Repealer filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
§9.35. Eel River, North Fork and Tributaries Trout and Salmon Restrictions (Mendocino Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
§9.37. Gualala River Restrictions (Mendocino and Sonoma Cos.), Only from the Confluence of Wheatfield and South Forks to the Highway 1 Bridge. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. New section filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.38. Lagunitas Creek Closure (Marin Co.). [Repealed]
Note     •     History

NOTE

Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code.
HISTORY

1. New section filed 2-11-87, designated effective 3-1-87 (Register 87, No. 9).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.39. Lagunitas Lake Trout Restrictions (Marin Co.). [Repealed]
Note     •     History

NOTE

Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code.
HISTORY

1. New section filed 2-11-87, designated effective 3-1-87 (Register 87, No. 9).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.40. Noyo River Closure (Mendocino Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.45. Redwood Creek Closure (Marin Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.50. Russian River Closure (Sonoma Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.51. Russian River Tributaries (Sonoma Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
HISTORY

1. New Section filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.52. Sonoma Creek (Sonoma Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. New section filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.53. Sonoma Lake Closure (Sonoma Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 205, 210, 219, 220, 240 and 315.3, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 315.3, Fish and Game Code.
HISTORY

1. New section filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Amendment filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
3. Amendment filed 6-10-85 as an emergency; effective upon filing (Register 85, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-8-85.
4. Certificate of Compliance filed 10-4-85 (Register 85, No. 40).
5. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
§9.54. Stafford Lake Closure (Marin Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. New section filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
3. Editorial correction of Note (Register 97, No. 30).
§9.55. Ten Mile River (Mendocino Co.). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
Article 5. Sierra District [Repealed]
HISTORY

1. Repealer of article 5 (sections 10.00-11.90) filed 3-1-90; operative 3-1-90 (Register 90, No. 10). For prior history of: sections 10.41 and 10.45, see Register 87, No. 9; section 10.88, see Register 83, No. 4; section 11.26, see Register 84, No. 8.
Article 6. Valley District [Repealed]
HISTORY

1. Repealer of article 6 (sections 12.00-12.83) filed 3-1-90; operative 3-1-90 (Register 90, No. 10). For prior history of: section 12.26, see Register 84, No. 8; section 12.72, see Register 86, No. 6; section 12.79, see Register 85, No. 11. 
Article 7. North Coast District [Repealed]
HISTORY

1. Repealer of article 7 (sections 13.00-13.95) filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
Chapter 4. Ocean Fishing
Article 1. Ocean and San Francisco Bay District
§27.00. Definition.
Note     •     History

The Ocean and San Francisco Bay District consists of the open seas adjacent to the coast and islands or in the waters of those open or enclosed bays contiguous to the ocean, and including San Francisco and San Pablo bays plus all their tidal bays, tidal portions of their rivers and streams, sloughs and estuaries between Golden Gate Bridge and Carquinez Bridge, and the waters of Elkhorn Slough, west of Elkhorn Road between Castroville and Watsonville. Also see Section 1.53.
NOTE

Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code.
HISTORY

1. Renumbering of Chapter 4 to Chapter 6 and new Chapter 4 (§§ 27.00 through 31.35, not consecutive) filed 1-16-74; designated effective 3-1-74 (Register 74, No. 3).
2. Repealer of Chapter 4 (§§ 27.00-31.35, not consecutive) and new Chapter 4 (§§ 27.00-29.90, not consecutive) filed 12-20-74; designated effective 3-1-75 (Register 74, No. 51).
3. Amendment filed 12-31-80; effective thirtieth day thereafter (Register 81, No. 1).
4. Repealer of Chapter 4 (Article 1, Sections 27.00-29.90, not consecutive) and new Chapter 4 (Article 1, Sections 27.00-29.90, not consecutive) filed 2-17-82; designated effective 3-1-82 (Register 82, No. 8). For prior history, see Registers 80, No. 2; 79, No. 1; 78, No. 4; 78, No. 2; 77, No. 51; 76, No. 52; 75, No. 52; and 75, No. 8.
5. Amendment of section and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
§27.05. Chumming.
Note

Chumming, including chumming with live bait, is permitted.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§27.10. Live Bait Restrictions.
Note     •     History

Tilapia may not be used or possessed for use as bait in ocean waters.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. New section filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
§27.15. Multi-Day Fishing Trips.
Note     •     History

The following provisions apply to anglers and to boat owners and operators when a Declaration for a Multi-Day Fishing Trip has been filed with the department.
(a) Provisions related to the angler: Up to three daily bag and possession limits of saltwater fin fish, lobster and rock scallops and up to two daily bag and possession limits of abalone are allowed for a person fishing during a multi-day trip in ocean waters from a boat whose owner or operator has filed a Declaration for Multi-Day Fishing Trip, pursuant to the provisions of subsection (b) below.
(1) The provisions of this section do not authorize any person to take more than one daily bag limit of fish during one calendar day.
(2) The provisions of this section do not apply to the taking and possession of salmon, steelhead, striped bass and sturgeon.
(b) Provisions related to the boat owner or operator who has filed for a Declaration for a Multi-Day Fishing Trip:
(1) The owner or operator of a boat shall submit to the nearest department office a Declaration for Multi-Day Fishing Trip and payment as specified in Section 701. The Declaration for Multi-Day Fishing Trip shall include the following information:
(A) Place, date and time of departure of the boat.
(B) Place, date and estimated time of return of the boat.
(C) Name of the boat.
(D) Date and hour Declaration mailed or delivered to the department.
(F) Additional requirements for Commercial Passenger Fishing Vessels:
1. The Commercial Boat Registration Number issued pursuant to Fish and Game Code Section 7880.
2. Copy of passenger manifest if fishing within 10 miles of the mainland shore of California.
(2) The Declaration for Multi-Day Fishing Trip must be submitted to the nearest department office in order for any person aboard such boat to possess more than one bag limit of saltwater fin fish, abalone, lobster and rock scallops. If mailed, the Declaration for Multi-Day Fishing Trip must be received at least 48 hours prior to the date of the boat's departure. If the 48-hours advance notice is not met, the original copy of the form signed by an authorized department representative must be aboard the vessel during the trip. Forms will be accepted for authorization only during business hours of 8:00 a.m. to 5:00 p.m.
(3) A Declaration for Multi-Day Fishing Trip may not be filed for a trip unless the trip is continuous and extends for a period of 12 hours or more on the first and last days of the trip and no berthing or docking is permitted within five miles of the mainland shore.
(4) The owner or operator of a boat filing a Declaration for Multi-Day Fishing Trip shall prepare such form in duplicate, and shall require the duplicate to be posted in full view of the passengers aboard the boat.
(5) All passengers must disembark at place of return as stated on the Declaration for Multi-Day Fishing Trip.
NOTE

Authority cited: Sections 200, 202, 205, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 220 and 7880, Fish and Game Code.
HISTORY

1. Amendment filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
2. Amendment of subsection (b) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
3. Amendment of subsections (a), (b)(2), and (b)(3) filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
4. Amendment of section and Note filed 8-4-2006; operative 8-4-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
OCEAN WATERS WITH RESTRICTED FISHING
§27.20. Groundfish Management Areas, Seasons, Depths, Exceptions, and Fishery Closure/Rule Change Process Described.
Note     •     History

Regulations that follow in sections 27.25 through 27.50 define fishing seasons and depth constraints that are effective within each Groundfish Management Area. These sections apply to take and possession of all 90 species of federally-managed groundfish as defined in Section 1.91. (These species include but are not limited to rockfish, cabezon, lingcod, California scorpionfish, kelp greenling, and some species of sharks, skates and flatfish). Special closures and exceptions to these regulations are also specified. All regulations of sections 27.25 through 27.50 also apply for California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos, which are state-managed species known to associate with federal groundfish. 
(a) Depth Constraints: A depth constraint means that during the open season, the aforementioned species may only be taken or possessed in water depths shallower than the specified depth. Two specific definitions of “depth” apply off California. In waters shallower than 30 fathoms, “depth” is defined by general depth contour lines. In waters equal to or deeper than 30 fathoms, “depth” is defined by approximating  a particular depth contour by connecting the appropriate set of waypoints adopted in Federal regulations (50 CFR Part 660, Subpart G). 
(b) Open Season -- Take, Possession and Transit: During any open season in any Groundfish Management Area, in waters deeper than where fishing is authorized or within special closure areas established within a Groundfish Management Area, it is unlawful to take or possess the aforementioned species unless a special exception is provided. However, this regulation does not apply in cases where these species are possessed aboard a vessel in transit with no fishing gear deployed in the water. 
(c) Closed Season: During any closed season in any Groundfish Management Area, it is unlawful to take or possess the aforementioned species regardless of depth, unless a special exception is provided. 
(d) California Rockfish Conservation Area: Within any Groundfish Management Area, waters that are closed for these species during specified times and/or closed in specified depths shall be known as the California Rockfish Conservation Area. See Section 27.51. 
(e) Fishery closure and/or rule change: When the department determines, based on the best available scientific information, that an annual harvest limit [optimum yield (OY), annual catch limit (ACL), annual catch target (ACT), recreational harvest guideline, or recreational harvest target] established in regulation by the NOAA Fisheries (National Marine Fisheries Service) for any species of federally-managed groundfish or aggregate group of federal groundfish species has been exceeded or is projected to be exceeded prior to the end of the year or that catches are less than predicted, the following rule changes may occur: 
(1) The department may modify the seasons and/or depth constraints for any species of federally-managed groundfish or aggregate group of federal groundfish species, California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos. Season and/or depth modifications may differ by Groundfish Management Area, mode of fishing, or gear utilized. 
(2) The department may adjust existing bag or sub-bag limits or establish additional bag or sub-bag limits as needed for any species of federally-managed groundfish or aggregate group of federal groundfish species, California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos. Bag limits may differ by Groundfish Management Area, time of year, mode of fishing, or gear utilized. 
(3) The department may adjust existing size limits or establish additional size limits as needed for any species of federally-managed groundfish or aggregate group of federal groundfish species, California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos. Size limits may differ by Groundfish Management Area, time of year, mode of fishing, or gear utilized. 
(f) Notice of closure and/or rule change: The department shall give the public and the NOAA Fisheries no less than 10 calendar days' notice of any fishery closure or rule change implemented pursuant to this Section via a department news release. Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
NOTE

Authority cited: Sections 200, 202, 205, 702, 7071 and 8587.1, Fish and Game Code. Reference: Sections 200, 202, 205, 1802, 7071 and 8586, Fish and Game Code; 50 CFR Part 660, Subpart G; and 50 CFR 660.384.
HISTORY

1. New section filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3). For prior history of sections 27.20-27.53, see Register 83, No. 4; Register 87, No. 9 and Register 2005, No. 10.
2. Amendment of section and Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (f) and Note filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a), (b) and (f) and amendment of Note filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
5. Amendment of subsection (e) and Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§27.25. Northern Groundfish Management Area.
Note     •     History

This Section applies to take and possession of all 90 species of federally-managed groundfish, California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos in the Northern Groundfish Management Area. Federal groundfish include, but are not limited to, rockfish, cabezon, lingcod, California scorpionfish, kelp greenling, and some species of sharks, skates and flatfish. For specific definitions, applicability, and procedures, see sections 1.91 and 27.20. For size limits, possession limits, and other regulations that apply to individual species, see specific sections beginning with Section 27.60. 
(a) The Northern Groundfish Management Area means ocean waters between 42o00'N. lat. (the Oregon/California border) and 40o10'N. lat. (near Cape Mendocino, Humboldt County). 
(b) Seasons and depth constraints (except as provided in (c) below): 
(1) January 1 through the Friday preceding the second Saturday in May: Closed. 
(2) From the Second Saturday in May through October 31: Open for all species only in waters shallower than 20 fathoms in depth as described by general depth contour lines. 
(3) November 1 through December 31: Closed.
(c) Special exceptions to subsection (b) above: 
(1) “Other Flatfish” as defined in subsection 1.91(a)(10), which include Pacific sanddabs, may be taken or possessed in all depths year-round. 
(2) Leopard shark may be taken or possessed in Humboldt Bay year-round. 
(3) When angling from shore (includes beaches, banks, piers, jetties, breakwaters, docks, and other man-made structures connected to the shore), all species may be taken or possessed year-round. No vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these species while angling from shore under this provision. 
(4) When diving or spearfishing, as authorized in Section 28.90, all species may be taken or possessed year-round. Except for spearfishing gear, all other types of fishing gear are prohibited to be aboard the vessel or watercraft (motorized or non-motorized) while spearfishing for the purpose of taking or possessing these species under this provision.
NOTE

Authority cited: Sections 200, 202, 205 and 702, Fish and Game Code. Reference: Sections 200, 202, 205, 1802, 7071 and 8586, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20.
HISTORY

1. New section filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3). For prior history, see Register 2005, No. 10.
2. Amendment of subsections (b)(2) and (b)(3) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (b)(1)-(3) filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (b)(1)-(3) and (c)(1) filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
5. Amendment of subsections (b)(1)-(3) and (c)(1)-(4) and amendment of Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§27.30. Mendocino Groundfish Management Area.
Note     •     History

This Section applies to take and possession of all 90 species of federally-managed groundfish, California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos in the Mendocino Groundfish Management Area. Federal groundfish include, but are not limited to, rockfish, cabezon, lingcod, California scorpionfish, kelp greenling, and some species of sharks, skates and flatfish. For specific definitions, applicability, and procedures, see sections 1.91 and 27.20. For size limits, possession limits, and other regulations that apply to individual species, see specific sections beginning with Section 27.60. 
(a) The Mendocino Groundfish Management Area means ocean waters between 40o10'N. lat. (near Cape Mendocino, Humboldt County) and 38o 57.50'N. lat. (at Point Arena, Mendocino County). 
(b) Seasons, depth constraints, and special closure areas (except as provided in (c) below): 
(1) January 1 through the Friday preceding the second Saturday in May: Closed. 
(2) From the second Saturday in May through August 15: Open for all species only in waters shallower than 20 fathoms in depth as described by general depth contour lines. 
(3) August 16 through December 31: Closed. 
(c) Special exceptions to subsection (b) above: 
(1) “Other Flatfish” as defined in subsection 1.91(a)(10), which include Pacific sanddabs, may be taken or possessed in all depths year-round. 
(2) When angling from shore (includes beaches, banks, piers, jetties, breakwaters, docks, and other man-made structures connected to the shore), all species may be taken or possessed year-round. No vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these species while angling from shore under this provision. 
(3) When diving or spearfishing, as authorized in Section 28.90, all species may be taken or possessed year-round. Except for spearfishing gear, all other types of fishing gear are prohibited to be aboard the vessel or watercraft (motorized or non-motorized) while spearfishing for the purpose of taking or possessing these species under this provision.
NOTE

Authority cited: Sections 200, 202, 205 and 702, Fish and Game Code. Reference: Sections 200, 202, 205, 1802, 7071 and 8586, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20. 
HISTORY

1. New section filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3). For prior history, see Register 2005, No. 10.
2. Amendment of subsections (b)(2), (b)(4) and (b)(5) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section heading and section filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
4. Amendment filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
5. Amendment of section heading, section and Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§27.32. North-Central South of Point Arena Groundfish Management Area. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 702, Fish and Game Code. Reference: Sections 200, 202, 205 and 1802, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20. 
HISTORY

1. New section filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
2. Amendment of subsections (b)(1)-(3), (b)(5) and (c)(1) filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
3. Renumbering of former section 27.32 to section 27.35 filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§27.35. San Francisco Groundfish Management Area.
Note     •     History

This Section applies to take and possession of all 90 species of federally-managed groundfish, California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos in the San Francisco Groundfish Management Area. Federal groundfish include, but are not limited to, rockfish, cabezon, lingcod, California scorpionfish, kelp greenling, and some species of sharks, skates and flatfish. For specific definitions, applicability, and procedures, see sections 1.91 and 27.20. For size limits, possession limits, and other regulations that apply to individual species, see specific sections beginning with Section 27.60. 
(a) The San Francisco Groundfish Management Area means ocean waters between 38o 57.50' N. lat. (at Point Arena, Mendocino County) and 37o 11' N. lat. (at Pigeon Point, San Mateo County). 
(b) Seasons, depth constraints, and special closure areas (except as provided in (c) below): 
(1) January 1 through June 8, 2011: Closed. Beginning in 2012, January 1 through May 31: Closed.
(2) June 9, 2011 through December 31, 2011: Open for all species only in waters shoreward of lines approximating the 30-fathom depth contour, defined by connecting the set of 30-fathom waypoints adopted in Federal regulations (50 CFR Part 660, Subpart G). Beginning in 2012, June 1 through December 31: Open for all species only in waters shoreward of lines approximating the 30-fathom depth contour, defined by connecting the set of 30-fathom waypoints adopted in Federal regulations (50 CFR Part 660, Subpart G).
(3) Cordell Bank Closure Area: Waters of the Cordell Bank (off Marin County) shallower than 100 fathoms in depth as approximated by the 100-fathom depth contour that is defined by connecting the set of 100-fathom waypoints adopted in Federal regulations (50 CFR Part 660, Subpart G), are closed to fishing for these species at all times. Special exceptions provided for “other flatfish” in subsection (c)(1) below apply in this closure area. Special exceptions provided for shore-based angling in subsection (c)(3) and spearfishing/diving in subsection (c)(4) below do not apply in this closure area. 
(c) Special exceptions to subsection (b) above: 
(1) “Other Flatfish” as defined in subsection 1.91(a)(10), which include Pacific sanddabs, may be taken or possessed in all depths year-round. 
(2) Leopard shark may be taken or possessed in Drake's Estero Bay, Bolinas Bay, Tomales Bay, Bodega Harbor, and San Francisco Bay year-round. 
(3) When angling from shore (includes beaches, banks, piers, jetties, breakwaters, docks, and other man-made structures connected to the shore), all species may be taken or possessed year-round. No vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these species while angling from shore under this provision. 
(4) When diving or spearfishing, as authorized in Section 28.90, all species may be taken or possessed year-round. Except for spearfishing gear, all other types of fishing gear are prohibited to be aboard the vessel or watercraft (motorized or non-motorized) while spearfishing for the purpose of taking or possessing these species under this provision. 
NOTE

Authority cited: Sections 200, 202, 205 and 702, Fish and Game Code. Reference: Sections 200, 202, 205, 1802, 7071 and 8586, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20. 
HISTORY

1. New section filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3). For prior history, see Register 2005, No. 10.
2. Amendment of subsections (b)(1)-(3) and (c)(1) and amendment of Note filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
3. Renumbering of former section 27.35 to section 27.40 and renumbering of former section 27.32 to section 27.35, including amendment of section heading, section and Note, filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§27.40. Central Groundfish Management Area.
Note     •     History

This Section applies to take and possession of all 90 species of federally-managed groundfish, California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos in the Central Groundfish Management Area. Federal groundfish include, but are not limited to, rockfish, cabezon, lingcod, California scorpionfish, kelp greenling, and some species of sharks, skates and flatfish. For specific definitions, applicability, and procedures, see sections 1.91 and 27.20. For size limits, possession limits, and other regulations that apply to individual species, see specific sections beginning with Section 27.60. 
(a) The Central Groundfish Management Area means ocean waters between 37o11'N. lat. (at Pigeon Point, San Mateo County) and 34o27'N. lat. (at Pigeon Point, San Mateo County) and 34o 27' N. lat (at Point Conception, Santa Barbara County).
(b) Seasons and depth constraints (except as provided in (c) below): 
(1) January 1 through April 30: Closed. 
(2) May 1 through December 31: Open for all species only in waters shoreward of lines approximating the 40-fathom depth contour, defined by connecting the set of 40-fathom waypoints adopted in Federal regulations (50 CFR Part 660, Subpart G). 
(c) Special exceptions to subsection (b) above: 
(1) “Other Flatfish” as defined in subsection 1.91(a)(10), which include Pacific sanddabs, may be taken or possessed in all depths year-round. 
(2) Leopard shark may be taken or possessed in Elkhorn Slough year-round. 
(3) When angling from shore (includes beaches, banks, piers, jetties, breakwaters, docks, and other man-made structures connected to the shore), all species may be taken or possessed year-round. No vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these species while angling from shore under this provision. 
(4) When diving or spearfishing, as authorized in Section 28.90, all species may be taken or possessed year-round. Except for spearfishing gear, all other types of fishing gear are prohibited to be aboard the vessel or watercraft (motorized or non-motorized) while spearfishing for the purpose of taking or possessing these species under this provision.
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202, 205, 1802, 7071 and 8586, Fish and Game Code; 50 CFR Part 660, Subpart G; and 50 CFR 660.384. 
HISTORY

1. New section filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3). For prior history, see Register 2005, No. 10.
2. Amendment of subsections (b)(1)-(3) and (c)(1) and amendment of Note filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
3. Repealer of former section 27.40 and renumbering of former section 27.35 to section 27.40, including amendment of section heading, section and Note, filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§27.45. Southern Groundfish Management Area.
Note     •     History

This Section applies to take and possession of all 90 species of federally-managed groundfish, California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos in the Southern Groundfish Management Area. Federal groundfish include, but are not limited to, rockfish, cabezon, lingcod, California scorpionfish, kelp greenling, and some species of sharks, skates and flatfish. For specific definitions, applicability, and procedures, see sections 1.91 and 27.20. For size limits, possession limits, and other regulations that apply to individual species, see specific sections beginning with Section 27.60. 
(a) The Southern Groundfish Management Area means ocean waters between 34o27'N. lat. (at Point Conception, Santa Barbara County) and the U.S./Mexico border, except for waters of the Cowcod Conservation Areas, which are specified in Section 27.50. The Cowcod Conservation Areas are not part of the Southern Groundfish Management Area. 
(b) Seasons and depth constraints (except as provided in (c) below): 
(1) January 1 through the last day in February: Closed, except California scorpionfish may be taken or possessed only in waters shoreward of lines approximating the 60-fathom depth contour, defined by connecting the set of 60-fathom waypoints adopted in Federal regulations (50 CFR Part 660, Subpart G). 
(2) March 1 through December 31: Open for all species only in waters shoreward of lines approximating the 60-fathom depth contour, defined by connecting the set of 60-fathom waypoints adopted in Federal regulations (50 CFR Part 660, Subpart G). 
(c) Special exceptions to subsection (b) above: 
(1) “Other Flatfish” as defined in subsection 1.91(a)(10), which include Pacific sanddabs, may be taken or possessed in all depths year-round. 
(2) Leopard shark may be taken or possessed in Newport Bay, Alamitos Bay, Mission Bay, and San Diego Bay year-round. 
(3) When angling from shore (includes beaches, banks, piers, jetties, breakwaters, docks, and other man-made structures connected to the shore), all species may be taken or possessed year-round. No vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these species while angling from shore under this provision. 
(4) When diving or spearfishing, as authorized in Section 28.90, all species may be taken or possessed year-round. Except for spearfishing gear, all other types of fishing gear are prohibited to be aboard the vessel or watercraft (motorized or non-motorized) while spearfishing for the purpose of taking or possessing these species under this provision.
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202, 205, 1802, 7071 and 8586, Fish and Game Code; 50 CFR Part 660, Subpart G; and 50 CFR 660.384. 
HISTORY

1. New section filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3). For prior history, see Register 2005, No. 10.
2. Amendment of subsections (a)-(b)(4) and (c)(1) and amendment of Note filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
3. Amendment of subsections (b)(1)-(2), repealer of subsections (b)(3)-(4) and amendment of subsections (c)(1)-(4) and Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§27.50. Cowcod Conservation Areas.
Note     •     History

This Section applies to take and possession of all 90 species of federally-managed groundfish, California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos in the Cowcod Conservation Areas. The Cowcod Conservation Areas are special Groundfish Management Areas where sport fishing regulations for these species are designed to minimize interaction with cowcod. Federal groundfish include, but are not limited to, rockfish, cabezon, lingcod, California scorpionfish, kelp greenling, and some species of sharks, skates and flatfish. For specific definitions, applicability, and procedures, see sections 1.91 and 27.20. For size limits, possession limits, and other regulations that apply to individual species, see specific sections beginning with Section 27.60. 
(a) The Cowcod Conservation Areas are defined as ocean waters off southern California within each of the following two areas. Area 1 is an area south of Point Conception that is bound by straight lines connecting the following points in the order listed: 
33o50'N. lat., 119o30'W. long.; 
33o50'N. lat., 118o50'W. long.; 
32o20'N. lat., 118o50'W. long.; 
32o20'N. lat., 119o37'W. long.; 
33o00'N. lat., 119o37'W. long.; 
33o00'N. lat., 119o53'W. long.; 
33o33'N. lat., 119o53'W. long.; 
33o33'N. lat., 119o30'W. long.; 
33o50'N. lat., 119o30'W. long.; and Area 2 is a smaller area west of San Diego that is bound by straight lines connecting the following points in the order listed: 
32o42'N. lat., 118o02'W. long.; 
32o42'N. lat., 117o50'W. long.; 
32o36'42"N. lat., 117o50'W. long.; 
32o30'N. lat., 117o53'30"W. long.; 
32o30'N. lat., 118o02'W. long.; 
32o42'N. lat., 118o02'W. long.
(b) Seasons and depth constraints (except as provided in (c) below): 
(1) January 1 through the last day in February: Closed, except California scorpionfish may be taken or possessed only in waters shallower than 20 fathoms in depth, as described by general depth contour lines. 
(2) March 1 through December 31: Open for only the species or species groups listed in (A) through (G) below, and only in waters shallower than 20 fathoms in depth as described by general depth contour lines. 
(A) Nearshore rockfish, as defined in subsection 1.91(a)(1) 
(B) Cabezon 
(C) California scorpionfish 
(D) Greenlings of the genus Hexagrammos 
(E) California sheephead 
(F) Ocean whitefish  
(G) Lingcod
(c) Special exceptions to subsection (b) above: 
(1) “Other Flatfish” as defined in subsection 1.91(a)(10), which include Pacific sanddabs, may be taken or possessed in all depths year-round. 
(2) When angling from shore (includes beaches, banks, piers, jetties, breakwaters, docks, and other man-made structures connected to the shore), only the species identified in (b)(2) above may be taken or possessed year-round. No vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these species while angling from shore under this provision. 
(3) When diving or spearfishing, as authorized in Section 28.90, only the species identified in (b)(2) above may be taken or possessed year-round. Except for spearfishing gear, all other types of fishing gear are prohibited to be aboard the vessel or watercraft (motorized or non-motorized) while spearfishing for the purpose of taking or possessing these species under this provision. 
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202, 205, 1802 and 7071, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20. 
HISTORY

1. New section filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3). For prior history, see Register 2005, No. 10.
2. Amendment of subsections (a)-(b)(2), (b)(3), (b)(4) and (c)(1) and amendment of Note filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
3. Amendment of subsection (b)(2), new subsection (b)(2)(G), repealer of subsections (b)(3)-(b)(4)(F) and amendment of subsections (c)(1)-(3) and Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§27.51. California Rockfish Conservation Area.
Note     •     History

California Rockfish Conservation Area (CRCA) means the ocean waters that are closed to recreational groundfish fishing at specified times, or closed in specified depths or areas. CRCAs serve to minimize interaction with particular species of overfished groundfish that cannot be selectively avoided and thus must be protected from overharvest by closing times, depths or areas to recreational fishing for all federally-managed groundfish and associated species (limited to California sheephead, greenlings of the genus Hexagrammos, and ocean whitefish) managed by California. See Section 27.20. 
(a) In the CRCA, take and possession is prohibited for all 90 species of federally-managed groundfish as defined in Section 1.91. These species include but are not limited to rockfish, cabezon, lingcod, California scorpionfish, kelp greenling, and some species of sharks, skates and flatfish. Take and possession of California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos, which are state-managed species known to associate with federal groundfish, is also prohibited. 
(b) This regulation does not apply in cases where these species are possessed aboard a vessel in transit with no fishing gear deployed in the water.
NOTE

Authority: Section 205, Fish and Game Code. Reference: Sections 200, 202 and 215, Fish and Game Code; and 50 CFR Part 660, Subpart G.
HISTORY

1. Renumbering of former section 27.83 to section 27.51, including amendment of section and Note, filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3). For prior history of section 27.51, see Register 2005, No. 10.
2. Amendment filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
FIN FISH--GENERAL
§27.56. Take General.
Note     •     History

Except as otherwise provided, there are no closed season, closed hours or minimum size limits on fin fish in the Pacific Ocean including all saltwater bays except that in San Francisco Bay between the Golden Gate Bridge and the Carquinez Bridge and in saltwater tributaries to the bay within the area bounded by Interstate 80 and Highways 17, 101 and 37 fin fish may not be taken between one hour after sunset to one hour before sunrise except from shore or piers.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
FIN FISH--MINIMUM SIZE LIMITS, BAG AND POSSESSION LIMITS AND SEASONS
§27.60. Limit.
Note     •     History

(a) General. No more than 20 finfish in combination of all species with not more than 10 of any one species, may be taken or possessed by any one person except as otherwise provided or as defined in subsection (c) below or in Section 195. See sections 27.70 through 28.62 for special bag limits, minimum size limits and poundage restrictions for certain species that apply in addition to the general bag limit.
(b) There is no limit on the following species: anchovy, grunion, jacksmelt, topsmelt, Pacific butterfish (pompano), queenfish, sanddabs, skipjack, jack mackerel, Pacific mackerel, Pacific staghorn sculpin, round herring, Pacific herring, Pacific sardine, petrale sole and starry flounder. 
(c) Boat limit. When two or more persons that are licensed or otherwise authorized to sport fish in ocean waters off California or in the San Francisco Bay District, defined in Section 27.00, are angling for finfish aboard a vessel in these waters, fishing by all authorized persons aboard may continue until boat limits of finfish are taken and possessed aboard the vessel as authorized under this section or Section 195, Title 14, CCR. 
(1) The authorization for boat limits aboard a vessel does not apply to fishing trips originating in California where fish are taken in other jurisdictions. 
(2) A boat limit for a species or species group is the number of persons aboard a vessel that are licensed or otherwise authorized to sport fish in ocean waters off California, or in waters of the San Francisco Bay District, (see special conditions of Section 195, Title 14, CCR, applicable to operator and crew members of vessels licensed pursuant to Fish and Game Code 7920) multiplied by the individual daily bag limit authorized for a species or species group in those waters. With the exception of species listed in subsection (b) above, the total fish aboard a boat may not exceed the aggregate per-person daily bag limit of 20-finfish in combination of all species times the number of anglers licensed or otherwise authorized to sport fish aboard the vessel. It is unlawful to exceed the boat limit at any time. 
(3) All persons aboard a vessel may be cited where violations involving boat limits are found, including, but not limited to the following violations: 
(A) Over limits 
(B) Possession of prohibited species 
(C) Violation of size limits 
(D) Fish taken out of season or in closed areas. 
(4) Upon completion of a fishing trip aboard a vessel, each licensed angler or person otherwise authorized to sport fish may not possess more than the individual daily bag and possession limits. For purposes of this section, a trip is completed at the time a person disembarks from a vessel and individual possession limits apply. Special boat limit provisions apply to persons fishing aboard commercial passenger fishing vessels reporting pursuant to Section 195, Title 14, CCR. 
(5) Species for which no daily bag limit exists are not counted as part of a boat limit. 
(6) Boat limits are not authorized for sturgeon fishing and shall not apply to the take, possession or retention of sturgeon.
NOTE

Authority cited: Sections 200, 202, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 210, 7071 and 7120, Fish and Game Code.
HISTORY

1. Amendment filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Amendment of subsection (c) filed 1-26-88; operative 3-1-88 (Register 88, No. 6).
3. Amendment of subsections (b) and (c) and Note filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
4. Amendment of subsection (b) and Note filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
5. Amendment of subsections (b) and (c) and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
6. Editorial correction of subsection (b) (Register 98, No. 52).
7. Amendment of subsection (b) filed 12-22-98; operative 12-22-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 52).
8. Change without regulatory effect amending subsection (b) filed 7-13-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 29).
9. Amendment of subsection (b) filed 12-30-99; operative 12-30-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 53). 
10. Amendment of section and Note filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
11. Amendment filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
12. Amendment of subsection (b) and new subsections (b)(1)-(b)(3) filed 1-3-2003; operative 1-3-2003 pursuant to Fish and Game Code sections 202 and 215 (Register 2003, No. 1). 
13. Amendment of subsections (b)(1)-(3) filed 1-23-2004; operative 1-23-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 4). 
14. Amendment of subsection (a), new subsections (e)-(e)(5) and amendment of Note filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9). 
15. Amendment of subsections (b)(1)-(2) and Note filed 3-30-2004 as an emergency; operative 4-1-2004 (Register 2004, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-30-2004 or emergency language will be repealed by operation of law on the following day.
16. Amendment of subsection (b)(1) filed 4-29-2004 as an emergency; operative 5-1-2004 (Register 2004, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-30-2004 or emergency language will be repealed by operation of law on the following day.
17. Repealer of subsections (b)-(b)(3), new subsections (b)-(b)(2) and amendment of table filed 4-28-2004; operative 5-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
18. Certificate of Compliance as to 3-30-2004 order transmitted to OAL 7-28-2004 and filed 9-9-2004 (Register 2004, No. 37).
19. Amendment of section and Note filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
20. Amendment of subsection (b)(2) and Note filed 3-20-2006 as an emergency; operative 3-20-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-18-2006 or emergency language will be repealed by operation of law on the following day.
21. Amendment of subsection (b)(2), repealer and new subsection (c) and new subsection (c)(1) filed 4-21-2006; operative 5-21-2006 (Register 2006, No. 16).
22. Reinstatement of section as it existed prior to 3-20-2006 amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 33).
23. Amendment of subsections (a) and (b)(1)(A)-(b)(2) filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
24. Amendment of subsection (b)(2) and new subsection (e)(6) filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
25. Amendment filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
§27.65. Filleting of Fish on Vessels.
Note     •     History

(a) Definition of Fillet: For the purpose of this section a fillet is the flesh from one side of a fish extending from the head to the tail which has been removed from the body (head, tail and backbone) in a single continuous piece. 
(b) Fish That May be Filleted: No person shall fillet on any boat or bring ashore as fillets any fish, except in accordance with the following requirements:
(1) Kelp bass, sand bass, spotted bass, and ocean whitefish: All fillets shall be a minimum of six and one-half inches in length. Each fillet shall bear intact a one-inch square patch of skin.
(2) Barracuda: Fillets must be a minimum of 17 inches in length. Each fillet shall bear intact a one-inch square patch of silver skin.
(3) Lingcod. Lingcod fillets must be a minimum of 14 inches in length. Each fillet shall bear intact a one-inch square patch of skin. The minimum size and minimum fillet size for lingcod may be changed during the year or in-season by the department under the authority of subsection 27.20(e). The department will provide a news release notifying the public 10 days in advance of a change to the minimum size and minimum fillet size for lingcod made under the authority of subsection 27.20(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. 
(4) White sea bass: Fillets must be a minimum of 19 inches in length. Each fillet shall bear intact a one-inch square patch of silver skin.
(5) Pacific bonito: No more than 10 fillets of any length may be possessed. All bonito fillets possessed shall be considered a part of the allowable undersized tolerance of five bonito per day less than 24 inches fork length or weighing less than five pounds as provided in Section 28.32 of these regulations. All fillets shall bear intact a one-inch square patch of skin.
(6) California halibut taken from or possessed aboard a vessel south of Point Arena (Mendocino County): Fillets must be a minimum of 16 and three-quarter inches in length and shall bear the entire skin intact. A fillet from a California halibut (flesh from one entire side of the fish with the entire skin intact) may not be cut in half fillets. However, a fillet may be cut lengthwise in a straight line along the midline of the fillet where the fillet was attached to the vertebra (backbone) of the fish only if the two pieces of a fillet remain joined along their midline for a length of at least two inches at one end of the fillet.
(7) Yellowtail: Fillets must be a minimum of 17 inches in length, except not more than 10 fillets may be less than 17 inches. Each fillet shall bear intact a one-inch square patch of skin.
(8) Rockfish: Fillets must have the entire skin attached. Bocaccio fillets must be a minimum of five inches in length. The minimum size and minimum fillet size for rockfish may be changed during the year or in-season by the department under the authority of subsection 27.20(e). The department will provide a news release notifying the public 10 calendar days in advance of a change to the minimum size and minimum fillet size for rockfish made under the authority of subsection 27.20(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
(9) California scorpionfish (commonly termed “sculpin”): Fillets must be a minimum of 5 inches. Each fillet shall bear intact a one-inch square patch of skin. The minimum size and minimum fillet size for California scorpionfish may be changed during the year or in-season by the department under the authority of subsection 27.20(e). The department will provide a news release notifying the public 10 days in advance of a change to the minimum size and minimum fillet size for California scorpionfish made under the authority of subsection 27.20(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
(10) All other species except those listed in subsection (c) of this section: Each fillet shall bear intact a one-inch square patch of skin. The fillets may be of any size.
(c) Fish That May Not be Filleted, Steaked or Chunked: No person shall fillet, steak or cut into chunks on any boat or bring ashore as fillets, steaks or chunks the following: any species with a size limit unless a fillet size is otherwise specified in these regulations. California halibut may be filleted or brought ashore as fillets south of Point Arena (Mendocino County).
NOTE

Authority cited: Sections 200 and 202, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 220, 240, 5508 and 5509, Fish and Game Code.
HISTORY

1. Amendment filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. Amendment of subsections (a) and (b) filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
3. Amendment filed 10-16-91; operative 10-16-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 5).
4. Amendment of subsection (b)(3) and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
5. Editorial correction of subsection (b)(7) (Register 98, No. 47).
6. New subsection (b)(7) and subsection renumbering filed 11-20-98; operative 12-20-98 (Register 98, No. 47).
7. Change without regulatory effect amending subsection (c) filed 7-13-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 29).
8. Amendment of subsections (b)(1) and (b)(3), new subsections (b)(8) and (b)(9), subsection renumbering, and amendment of subsection (c) filed 12-30-99; operative 12-30-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 53). 
9. Amendment of subsection (b)(3) filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
10. Amendment of subsection (b)(3) and Note filed 3-30-2004 as an emergency; operative 4-1-2004 (Register 2004, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-30-2004 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 3-30-2004 order transmitted to OAL 7-28-2004 and filed 9-9-2004 (Register 2004, No. 37).
12. Amendment of subsections (b)(3), (b)(8) and (b)(9) and amendment of Note filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
13. Amendment of subsections (b)(3), (b)(8) and (b)(9) filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
14. Amendment of subsections (b)(8) and (c) filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
15. Amendment of subsections (b)(3) and (b)(8)-(9) filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
16. Amendment of subsection (c) filed 9-22-2011; operative 9-22-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 38).
§27.67. Transport of Recreational Fishing Vessel Through Areas Closed to Fishing. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 7071, 7923 and 8587.1, Fish and Game Code. Reference: Sections 200, 202, 205, 7071, 7923, 8585.5 and 8587.1, Fish and Game Code. 
HISTORY

1. New section filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
2. Amendment of section and Note filed 4-10-2002; operative 4-10-2002 pursuant to Fish and Game Code sections 205 and 215 (Register 2002, No. 15). 
3. Amendment filed 4-28-2004; operative 5-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
4. Amendment of section heading and section filed 8-4-2006; operative 8-4-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
5. Repealer filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
§27.70. Trout in the Ocean.
Note     •     History

(a) Methods of take: The trout must voluntarily take the bait or lure in its mouth.
(b) Limit: Three, except the take of steelhead rainbow trout in the ocean is prohibited.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment of subsection (b) filed 8-11-98; operative 8-11-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 33).
2. Editorial correction restoring inadvertently deleted section (Register 2007, No. 16).
§27.75. Salmon Closures.
Note     •     History

(a) No salmon may be taken in ocean waters at the mouth of the Smith and Klamath rivers within three nautical miles north and south of a line drawn due west for three nautical miles from the center of the mouth of each of said rivers.
(b) No salmon may be taken during the months of August and September in ocean waters at the mouth of the Eel River within two nautical miles north and south of a line drawn due west for two nautical miles from the center of the mouth of said river.
(c) No salmon may be taken during the month of August in ocean waters at the mouth of the Klamath River within six nautical miles north and south of a line drawn due west for three nautical miles from the center of the mouth of said river.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. New subsection (c) filed 5-30-84 as an emergency; effective upon filing (Register 84, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-27-84.
2. Certificate of Compliance as to 5-30-84 order transmitted to OAL 9-13-84 and filed 10-12-84 (Register 84, No. 41).
§27.80. Salmon.
Note     •     History

(a) Methods of take:
(1) General Provisions. Only by angling as defined in Section 1.05. No sinkers or weights exceeding four pounds may be used, except that a fishing line may be attached to a sinker or weight of any size if such sinker or weight is suspended by a separate line and the fishing line is released automatically by a mechanical device from the sinker or weight when any fish is hooked. See sections 28.65 and 28.70.
(2) Barbless Hooks. No more than two (2) single point, single shank barbless hooks shall be used in the ocean north of Point Conception  (34o27'00” N. lat.) when salmon fishing or fishing from any boat or floating device with salmon on board. 
(3) Other Hook Restrictions. When fishing with bait in the ocean between Horse Mountain (40o05'00” N. lat.) and Point Conception, if angling by any means other than trolling, then no more than two (2) single point, single shank, barbless circle hooks shall be used. The distance between the two hooks must not exceed five inches when measured from the top of the eye of the top hook to the inner base of the curve of the lower hook, and both hooks must be permanently tied in place (hard tied). A circle hook is defined as a hook with a generally circular shape, and a point which turns inwards, pointing directly to the shank at a 90 degree angle. Trolling is defined as angling from a boat or floating device that is making way by means of a source of power, other than drifting by means of the prevailing water current or weather conditions. See Section 28.65(g).
(4) One Rod Restriction north of Point Conception. Salmon may be taken by angling with no more than one rod in ocean waters north of Point Conception. See Section 28.65(e).
(b) Statewide Coho (silver) Salmon Restrictions: No coho (silver) salmon may be retained. 
(c) Open Fishing Days, Bag Limits, and Minimum Size in effect April 7 through April 30, 2012. 
(1) North of Horse Mountain (40o05'00” N. lat.) and in Humboldt Bay. 
(A) Closed to salmon fishing. The season will be decided in April by the Pacific Fishery Management Council and California Fish and Game Commission and this section will be amended pursuant to the regulatory process. 
(2) Between Horse Mountain and Point Arena (38o57'30” N. lat.). 
(A) All ocean waters open to salmon fishing from April 7 to April 30, 2012. Fishing is authorized 7 days per week. 
(B) Bag Limit: 2 salmon per day. See subsection (b) above and Section 1.17. 
(C) Minimum Size: 20 inches total length. 
(3) Between Point Arena and Pigeon Point (37o11'00” N. lat.). 
(A) All ocean waters open to salmon fishing from April 7 to April 30, 2012. Fishing is authorized 7 days per week. 
(B) Bag Limit: 2 salmon per day. See subsection (b) above and Section 1.17. 
(C) Minimum Size: 24 inches total length. 
(4) Between Pigeon Point and Point Sur (36o18'00” N. lat.). 
(A) All ocean waters open to salmon fishing from April 7 to April 30, 2012. Fishing is authorized 7 days per week. 
(B) Bag Limit: 2 salmon per day. See subsection (b) above and Section 1.17. 
(C) Minimum Size: 24 inches total length. 
(5) South of Point Sur. 
(A) All ocean waters open to salmon fishing from April 7 to April 30, 2012. Fishing is authorized 7 days per week. 
(B) Bag Limit: 2 salmon per day. See subsection (b) above and Section 1.17. 
(C) Minimum Size: 24 inches total length. 
NOTE

Authority cited: Sections 200, 202, 205, 220, 240, 316.5 and 2084, Fish and Game Code. Reference: Sections 200, 202, 205, 316.5 and 2084, Fish and Game Code.
HISTORY

1. Amendment of subsection (c)(1), new subsection (e) and relettering of former subsection (e) to subsection (f) filed 3-1-90; operative 3-1-90 (Register 90, No. 10). For prior history, see Register 89, No. 19.
2. Amendment of subsections (b) and (c) filed 5-31-90; operative 5-31-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 29).
3. Change without regulatory effect amending subsections (a), (b) and (e) filed 2-22-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 13).
4. Amendment of subsections (b), (c) and (e) filed 5-1-91 as an emergency; operative 5-1-91 (Register 91, No. 25). A Certificate of Compliance must be transmitted to OAL by 8-29-91 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (b) and (e) filed 7-24-91 as an emergency; operative 7-24-91 (Register 91, No. 47). A Certificate of Compliance must be transmitted to OAL by 11-12-91 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (b) and (c) filed 8-2-91 as an emergency; operative 8-2-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 12-2-91 or emergency language will be repealed by operation of law on the following day.
7. Amendment filed 5-4-92 as an emergency; operative  5-4-92 (Register  92, No. 19). A Certificate of Compliance must be transmitted to OAL 9-1-92 or emergency  language will be repealed by operation of law on the following day.
8. Amendment filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48).
9. Amendment of section and Note filed 5-4-93; operative 5-4-93 (Register 93, No. 19).
10. Amendment of subsection (b)(3) and (d) EXCEPTION filed 7-6-93 as an emergency; operative 7-6-93 (Register 93, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-3-93 or emergency language will be repealed by operation of law on the following day.
11. Amendment filed 4-29-94; operative 4-29-94 (Register 94, No. 17).
12. Order filed 7-6-93 repealed by operation of Government Code section 11349.6(d) (Register 94, No. 21).
13. Amendment filed 4-24-95; operative 4-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 17).
14. Amendment of subsection (d) filed 4-9-96 as an emergency; operative 4-9-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-8-96 or emergency language will be repealed by operation of law on the following day.
15. Amendment of section and Certificate of Compliance as to 4-9-96 order including amendment transmitted to OAL 4-26-96 and filed 4-30-96; operative 4-30-96 pursuant to Fish and Game Code section 202 (Register 96, No. 18).
16. Amendment of subsections (a)(2), (a)(3), (b)(1) and (d)(3) filed 6-28-96; operative 6-28-96 pursuant to Fish and Game Code sections 202 and 215. (Register 96, No. 26).
17. Amendment filed 5-13-97; operative 5-13-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 20).
18. Amendment of subsections (a)(3), (b)(1)-(4), (c)(2) and (d)(2) filed 4-27-98; operative 4-27-98 pursuant to Government Code section 11343.4(d) and Fish and Game Code sections 202 and 215 (Register 98, No. 18).
19. Amendment of subsections (a)(3), (a)(4) and (c)(2) filed 5-14-98 as an emergency; operative 5-14-98 (Register 98, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-11-98 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 5-14-98 order transmitted to OAL 9-9-98 and filed 10-20-98 (Register 98, No. 43).
21. Amendment of subsections (b)(1)-(4), (c)(2) and (d)(2) filed 4-28-99; operative 4-28-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 18).
22. Amendment of subsections (b)(1)-(b)(4), (c)(2) and (d)(2) filed 2-29-2000; operative 2-29-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 9).  
23. Amendment filed 4-27-2000; operative 4-27-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 17).
24. Amendment of subsections (b)(1)-(4), (c)(1) and (d)(2) and new subsection (d)(3) filed 4-23-2001; operative 5-1-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 17).
25. Amendment filed 4-29-2002; operative 5-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 18).
26. Amendment of subsections (b)(1)-(4), (c)(1) and (d)(2) filed 5-1-2003; operative 5-1-2003 pursuant to Fish and Game Code section 202 and 215 (Register 2003, No. 18). 
27. Amendment of subsections (b)(1)-(4) and (c)(1), repealer of subsection (c)(2), subsection renumbering and amendment of subsection (d)(2) filed 5-13-2004; operative 5-15-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 20).
28. Amendment of subsections (b)(1)-(4) and (d)(1)-(2) filed 6-8-2005; operative 6-8-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23). Because the season in the region described in subsection (b)(4) had not previously been set in regulation in 2005 and began prior to the effective date of this regulation, the minimum size of salmon that may be taken under this section in the region North of Horse Mountain is 20 inches from May 21, 2005 to June 9, 2005.
29. Repealer of subsections (b)(1)-(4), new subsections (b)(1)-(5) and amendment of subsection (d)(2) and Note filed 5-11-2006 as an emergency; operative 5-11-2006 (Register 2006, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-8-2006 or emergency language will be repealed by operation of law on the following day.
30. Certificate of Compliance as to 5-11-2006 order, including new Exception to subsection (b)(3), transmitted to OAL 7-28-2006 and filed 8-31-2006 (Register 2006, No. 35).
31. Amendment of subsections (b)(1)-(3), repealer of subsection (b)(4), subsection renumbering and amendment of newly designated subsection (b)(4) filed 5-10-2007; operative 5-10-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 19). 
32. Amendment of subsections (b)(2)-(4) filed 4-4-2008 as an emergency pursuant to Fish and Game Code section 240; operative 4-4-2008 (Register 2008, No. 14). A Certificate of Compliance must be transmitted to OAL by 10-1-2008 or emergency language will be repealed by operation of law on the following day.
33. Amendment superseding 4-4-2008 emergency action filed 7-1-2008 pursuant to Fish and Game Code section 220, subdivision (a); operative 7-31-2008 (Register 2008, No. 27).
34. Amendment of subsections (b)(1) and (b)(2), repealer and new subsection (b)(3), new subsections (b)(4)-(5) and repealer of subsection (d)(2) filed 6-15-2009; operative 7-15-2009 (Register 2009, No. 25).
35. Amendment of subsections (b)(1)-(5) and new subsection (d)(2) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
36. Amendment of subsections (b)(1)-(5) and (d)(2) filed 4-30-2010; operative 5-1-2010 pursuant to Fish and Game Code sections 202 and 215 (Register 2010, No. 18).
37. Amendment of subsections (b)(2)-(b)(5) and (d)(1) and repealer of subsection (d)(2) filed 4-1-2011 as an emergency; operative 4-2-2011 (Register 2011, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-29-2011 or emergency language will be repealed by operation of law on the following day.
38. Amendment of subsections (b)(1)-(5) and (d)(1) and new subsection (d)(2) filed 5-11-2011; operative 5-11-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 19).
39. Repealer of subsections (b)-(d)(2) and new subsections (b)-(c)(5)(C) filed 3-22-2012; operative 3-22-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 12).
§27.82. Groundfish Management Areas, Seasons, Depths, Exceptions, and Fishery Closure/Rule Change Process Described. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 7071 and 8586, Fish and Game Code; and 50 C.F.R. 660.
HISTORY

1. New section filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
2. Amendment of subsection (b) filed 10-17-2001 as an emergency; operative 10-29-2001 pursuant to Fish and Game Code section 215 (Register 2001, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-26-2002 or emergency language will be repealed by operation of law on the following day.
3. Repealer of subsection (b) and new subsections (b)-(i) filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
4. Amendment of subsections (c) and (d), new subsections (d)(1)-(d)(2), amendment of subsections (e) and (g), repealer of subsection (i) and amendment of Note filed 1-3-2003; operative 1-3-2003 pursuant to Fish and Game Code sections 202 and 215 (Register 2003, No. 1). 
5. Amendment of subsection (a) filed 4-15-2003; operative 4-15-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 16). 
6. Amendment of subsections (a), (b) and (d)(1)-(2), new subsections (d)(3)-(4) and amendment of subsection (f) filed 8-13-2003 as an emergency; operative 9-1-2003 (Register 2003, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-30-2003 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of section as it existed prior to 8-13-2003 emergency amendment by operation of Government Code section 11346.1(f) (Register 2004, No. 4).  
8. Amendment of section heading and section filed 1-23-2004; operative 1-23-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 4). 
9. Amendment of subsection (b)(1), new subsections (b)(1)(A)-(B) and (E), subsection relettering, new subsection (b)(3)(D) and amendment of Note filed 3-30-2004 as an emergency; operative 4-1-2004 (Register 2004, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-30-2004 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (e) filed 4-28-2004; operative 5-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
11. Certificate of Compliance as to 3-30-2004 order transmitted to OAL 7-28-2004 and filed 9-9-2004 (Register 2004, No. 37).
12. Amendment of section heading, section and Note filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
13. Amendment of subsections (b)(2)(D) and (b)(5)(B)-(E) filed 3-20-2006; operative 3-20-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 12). 
14. Repealer filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
§27.83. California Rockfish Conservation Area. [Repealed]
Note     •     History

NOTE

Authority: Section 205, Fish and Game Code. Reference: Sections 200, 202 and 215, Fish and Game Code.
HISTORY

1. New section filed 4-15-2003; operative 4-15-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 16). 
2. Amendment of first paragraph and subsection (a)(1), repealer of subsection (a)(2), renumbering and amendment of former subsection (a)(3) to (a)(2) and amendment of subsections (d)-(e) and (e)(4) filed 8-13-2003 as an emergency; operative 9-1-2003 (Register 2003, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-30-2003 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to 8-13-2003 emergency amendment by operation of Government Code section 11346.1(f) (Register 2004, No. 4).  
4. Amendment filed 1-23-2004; operative 1-23-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 4). 
5. Amendment filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
6. Renumbering of former section 27.83 to section 27.51 filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
§27.85. Striped Bass.
Note     •     History

(a) Open season: All year.
(b) Limit: Two.
(c) Minimum size:
(1) North of Pt. Conception, 18 inches total length.
(2) South of Pt. Conception, no minimum size limit.
(d) Methods of take: No striped bass may be taken while using a sinker weighing over four pounds, or while using any power driven gurdy or winch. Striped bass may only be taken by angling as defined in Section 1.05, Title 14, CCR; snagging is an illegal method of take.
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200-202, 203.1, 205 and 220, Fish and Game Code.
HISTORY

1. Amendment of subsection (d) and amendment of Note filed 8-1-2001; operative 8-1-2001 pursuant to Fish and Game Code sections 202 and 205 (Register 2001, No. 31). 
§27.90. White Sturgeon.
Note     •     History

(a) Open season: All year. 
(b) Daily and annual bag limit: One fish per day. Three fish per year statewide. 
(c) Size limit:  No fish less than 46 inches total length or greater than 66 inches total length may be taken or possessed. 
(d) Methods of take: The sturgeon must voluntarily take the bait or lure in its mouth. No sturgeon may be taken by trolling, snagging or by the use of firearms. Sturgeon may not be gaffed, nor shall any person use any type of firearm to assist in landing or killing any sturgeon. 
(e) Report card required: Any person fishing for or taking sturgeon shall have in their possession a nontransferable Sturgeon Fishing Report Card issued by the department and shall adhere to all reporting and tagging requirements for sturgeon defined in Sections 1.74 and 27.92, Title 14, CCR. 
(f) For regulations on take and possession of sturgeon in inland waters as defined in Section 1.53, see Section 5.80 and Section 5.81.
(g) Boat limits, as defined in Subsection 27.60(c) and Section 195, are not authorized for sturgeon fishing and shall not apply to the take, possession or retention of white sturgeon.
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code.
HISTORY

1. Amendment of subsections (b)-(d) filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
2. Amendment of subsection (c) and Note filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
3. Amendment of subsection (c) filed 12-22-92; operative 12-22-92 pursuant to sections 202 and 215, Fish and Game Code (Register 92, No. 52).
4. Amendment of section heading and subsection (c), new subsection (e) and amendment of Note filed 3-20-2006 as an emergency; operative 3-20-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-18-2006 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 3-20-2006 amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 33).
6. Amendment of subsections (b) and (c) and new subsections (e)-(h) filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
7. Amendment of subsection (h) filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
8. Amendment of subsection (e), repealer of subsections (e)(1)-(f)(2) and subsection relettering filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
§27.91. Green Sturgeon.
Note     •     History

(a) Green sturgeon may not be taken or possessed.
(b) Green sturgeon taken and released incidentally to white sturgeon fishing shall be reported on a Sturgeon Fishing Report Card issued by the department, in accordance with procedures defined in Sections 1.74 and 27.92, Title 14, CCR.
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code.
HISTORY

1. New section filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
2. Amendment of subsection (b) filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
§27.92. White Sturgeon Report Card and Tagging Requirements for Ocean Waters (FG 683, See Section 701).
Note     •     History

(a) Sturgeon Fishing Report Card Required. All anglers must have a Sturgeon Fishing Report Card in their possession while fishing for or taking sturgeon. Anglers must complete and return the card pursuant to regulations in this Section and in Section 1.74. 
(b) Tagging and Recording Requirements for Retained Fish. A Sturgeon Fishing Report Card includes detachable tags that shall be used to tag any white sturgeon that is taken and retained in the sport fishery. Any white sturgeon possessed by any person shall be tagged. 
(1) Upon taking and retaining a white sturgeon, the cardholder shall immediately record the following information: 
(A) The month, day, fishing location and length of the fish shall be recorded in the appropriate spaces on the tag. Tags shall be used in sequential order. 
(B) The month, day, fishing location and length of the fish shall be recorded in the appropriate spaces on the Sturgeon Fishing Report Card which corresponds to the number on the tag. 
(2) Immediately after recording the information above, the cardholder shall remove and completely detach the tag from the card and affix it to the white sturgeon. Cardholders shall not wait until completion of fishing activity to tag any white sturgeon in possession. 
(3) The tag shall be securely fastened to the fish. To affix the tag, a “zip tie”, string, line or other suitable material shall be passed through the tag at the location specified on the sturgeon tag and attached to the fish. 
(4) Tags shall not be removed from the report card until immediately prior to affixing to a white sturgeon. Any tags detached from the report card and not affixed to a white sturgeon shall be considered used and therefore invalid. No person shall possess any used or otherwise invalid sturgeon tags. 
(5) Records of Prior Activity. All tags must be accounted for at all times by entry of a record on the Sturgeon Fishing Report Card corresponding to all tags that are not in possession. Any tag that was lost or destroyed shall be recorded as such on the corresponding line on the Sturgeon Fishing Report Card. 
(6) If the sturgeon has a department reward disk attached, write the reward disk number in the space provided on the report card. 
(c) Reporting Requirements for Released Fish. 
(1) Whenever the cardholder catches and releases a sturgeon, the cardholder shall immediately record the month, day, location code, and species of sturgeon. 
(2) If all lines in the “sturgeon released” field of the report card are filled, any additional sturgeon caught and released need not be recorded on the card. 
(3) If the sturgeon has a department reward disk attached, write the reward disk number in the space provided on the report card. 
(d) Sturgeon tags must be left affixed to the fish in place, including while stored at a residence or non-transient location, until the fish is processed for immediate consumption. 
(e) The annual fee for the Sturgeon Fishing Report Card is specified in Section 701, Title 14, CCR. 
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202 and 205, Fish and Game Code. 
HISTORY

1. New section filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). For prior history, see Register 2006, No. 33.
2. New subsections (b)(6) and (c)(3) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
3. New subsection (e) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§27.95. Sturgeon Closure.
Note     •     History

Green sturgeon and white sturgeon may not be taken in the following described area between January 1 and March 15: That portion of San Francisco Bay included within the following boundaries: A direct line between Pt. Chauncy (National Marine Fisheries Laboratory) and Pt. Richmond, the San Francisco-Oakland Bay Bridge and a direct line between Pt. Lobos and Pt. Bonita.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment of section and Note filed 3-20-2006 as an emergency; operative 3-20-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-18-2006 or emergency language will be repealed by operation of law on the following day.
2. Reinstatement of section as it existed prior to 3-20-2006 amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 33).
3. Amendment filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
§28.00. Grunion, California.
Note

May be taken June 1 through March 31.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§28.05. Garibaldi.
Note

May not be taken or possessed.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§28.06. White Shark.
Note     •     History

White shark may not be taken, except under permit issued by the Department pursuant to Section 1002 of the Fish and Game Code for scientific or educational purposes.
NOTE

Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code.  Reference: Sections 200, 202, 205, 206, 210, 1002 and 5517, Fish and Game Code.
HISTORY

1. New section filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
§28.10. Giant (Black) Sea Bass.
Note

(a) May not be taken off California. All fish taken incidental to other fishing activity shall be immediately returned to the water where taken.
(b) Limit: Two per angler per trip when fishing south of United States-Mexico border. A valid fishing permit or license from the Mexican government constitutes proof that fish were taken legally.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219, 220, 7891 and 7923, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222, 7891 and 7923, Fish and Game Code.
§28.12. Gulf Grouper and Broomtail Grouper.
Note

May not be taken or possessed.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§28.15. Halibut, California.
Note     •     History

(a) Limit: Five in waters south of a line extending due west magnetic from Point Sur, Monterey County, and three in waters north of a line extending due west magnetic from Point Sur, Monterey County.
(b) Minimum size: Twenty-two inches total length.
NOTE

Authority cited: Sections 200, 202, 205, 206 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 209, 215 and 220, Fish and Game Code.
HISTORY

1. Amendment of subsection (a) and Note filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
§28.20. Halibut, Pacific.
Note     •     History

(a) Season: Pacific halibut may be taken only from May 1 through October 31.
(b) Limit: One.
(c) Minimum size: None.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215 and 217.5-222, Fish and Game Code.
HISTORY

1. Amendment of subsections (a)-(c) filed 5-18-89; operative 5-18-89 pursuant to Government Code section 11346.2(d) (Register 89, No. 20).
2. Amendment of subsection (a) and Note filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
3. Amendment of subsection (a) filed 12-12-94; operative 12-12-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 50).
4. Amendment of subsections (a) and (c) filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
§28.25. Barracuda, California.
Note

Minimum size: Twenty-eight inches total length or seventeen inches alternate length.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§28.26. California Sheephead.
Note     •     History

(a) Open areas, seasons, and depth constraints: See Section 27.20 through Section 27.50 for definitions, special closure areas, and exceptions. Take and possession is authorized as follows: 
(1) Northern Groundfish Management Area: Open from the second Saturday in May through October 31, in waters shallower than 20 fathoms. 
(2) Mendocino Groundfish Management Area: Open from the second Saturday in May through August 15, in waters shallower than 20 fathoms. 
(3) San Francisco Groundfish Management Area: Open June 9, 2011 through December 31, 2011, in waters shallower than 30 fathoms. Beginning in 2012, open June 1 through December 31, in waters shallower than 30 fathoms.
(4) Central Groundfish Management Area: Open May 1 through December 31, in waters shallower than 40 fathoms. 
(5) Southern Groundfish Management Area: Open March 1 through December 31, in waters shallower than 60 fathoms. 
(6) Cowcod Conservation Areas: Open March 1 through December 31, in waters shallower than 20 fathoms. 
(b) Limit: Five. 
(c) Minimum size: 12 inches total length. 
(d) Fishing rules for California sheephead may be changed during the year or in-season by the department under the authority of subsection 27.20(e). The department will provide a news release notifying the public 10 calendar days in advance of a change for this species made under the authority of subsection 27.20(e) or Section 52.10. Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/ marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
NOTE

Authority cited: Sections 200, 202, 205, 702, 7071 and 8587.1, Fish and Game Code. Reference: Sections 200, 202, 205, 1802, 7071 and 8586, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20. 
HISTORY

1. New section filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
2. Repealer and new subsection (a) filed 1-23-2004; operative 1-23-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 4). 
3. Amendment of subsection (a), new subsection (d) and amendment of Note filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
4. Amendment of subsection (a), new subsections (a)(1)-(6) and amendment of subsection (d) filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
5. Amendment of subsections (a)(1), (a)(2) and (d) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (a)(1)-(2), new subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4)-(7) filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsections (a)(1)-(5) and amendment of Note filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
8. Editorial correction of subsection (a)(3) (Register 2009, No. 23)
9. Amendment of subsections (a)(1)-(4), repealer of subsection (a)(5), subsection renumbering and amendment of Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§28.27. Lingcod.
Note     •     History

(a) Open areas, seasons, and depth constraints: See Section 27.20 through Section 27.50 for definitions, special closure areas, and exceptions. Take and possession is authorized as follows: 
(1) Northern Groundfish Management Area: Open from the second Saturday in May through October 31, in waters shallower than 20 fathoms. 
(2) Mendocino Groundfish Management Area: Open from the second Saturday in May through August 15, in waters shallower than 20 fathoms. 
(3) San Francisco Groundfish Management Area: Open June 9, 2011 through December 31, 2011, in waters shallower than 30 fathoms. Beginning in 2012, open June 1 through December 31, in waters shallower than 30 fathoms.
(4) Central Groundfish Management Area: Open May 1 through December 31, in waters shallower than 40 fathoms. 
(5) Southern Groundfish Management Area: Open March 1 through December 31, in waters shallower than 60 fathoms. 
(6) Cowcod Conservation Areas: Open March 1 through December 31, in waters shallower than 20 fathoms. 
(b) Limit: Two.
(c) Minimum size: 22 inches total length.
(d) Method of take: When angling, gear is restricted to not more than two hooks and one line. For purposes of this section, a hook is a single hook, or double or treble hook with multiple points connected to a common shank.
(e) Fishing rules for lingcod may be changed during the year or in-season by the department under the authority of subsection 27.20(e). The department will provide a news release notifying the public 10 calendar days in advance of a change for this species made under the authority of subsection 27.20(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
NOTE

Authority cited: Sections 200, 202, 220, 205, 702 and 8587.1, Fish and Game Code. Reference: Sections 200, 202, 205, 1802 and 8586, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20.
HISTORY

1. Amendment of section and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
2. Amendment of subsection (a) filed 12-22-98; operative 12-22-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 52).
3. Amendment filed 12-30-99; operative 12-30-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 53). 
4. Amendment of subsection (a) and amendment of Note filed 10-30-2000 as an emergency; operative 11-1-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2001 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (a) and (d) filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
6. Amendment of subsections (a) and (c) filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
7. Amendment of subsection (a) filed 1-3-2003; operative 1-3-2003 pursuant to Fish and Game Code sections 202 and 215 (Register 2003, No. 1). 
8. Amendment of subsection (a) filed 1-23-2004; operative 1-23-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 4). 
9. Amendment of subsections (a)-(c) filed 3-30-2004 as an emergency; operative 4-1-2004 (Register 2004, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-30-2004 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-30-2004 order transmitted to OAL 7-28-2004 and filed 9-9-2004 (Register 2004, No. 37).
11. Amendment of section and Note filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
12. Amendment of subsection (a), new subsections (a)(1)-(6) and amendment of subsection (e) and Note filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
13. Amendment of subsections (a)(1), (a)(2) and (e) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsections (a)(1)-(2), new subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4)-(7) filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
15. Amendment of subsections (a)(1)-(5) and amendment of Note filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
16. Amendment of subsections (a)(1)-(4), repealer of subsection (a)(5), subsection renumbering and amendment of newly designated subsections (a)(5)-(6), subsections (c)-(d) and Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§28.28. Cabezon.
Note     •     History

(a) Open areas, seasons, and depth constraints: See Section 27.20 through Section 27.50 for definitions, special closure areas, and exceptions. Take and possession is authorized as follows: 
(1) Northern Groundfish Management Area: Open from the second Saturday in May through October 31, in waters shallower than 20 fathoms. 
(2) Mendocino Groundfish Management Area: Open from the second Saturday in May through August 15, in waters shallower than 20 fathoms. 
(3) San Francisco Groundfish Management Area: Open June 9, 2011 through December 31, 2011, in waters shallower than 30 fathoms. Beginning in 2012, open June 1 through December 31, in waters shallower than 30 fathoms.
(4) Central Groundfish Management Area: Open May 1 through December 31, in waters shallower than 40 fathoms. 
(5) Southern Groundfish Management Area: Open March 1 through December 31, in waters shallower than 60 fathoms. 
(6) Cowcod Conservation Areas: Open March 1 through December 31, in waters shallower than 20 fathoms. 
(b) Limit: Three Fish, within a Rockfish, Cabezon, and Greenling complex (RCG complex, as defined in Section 1.91) bag limit of 10 fish.
(c) Minimum size: 15 inches total length.
(d) Method of take: When angling, gear is restricted to not more than two hooks and one line. For purposes of this section, a hook is a single hook, or double or treble hook with multiple points connected to a common shank.
(e) Fishing rules for cabezon may be changed during the year or in-season by the department under the authority of subsection 27.20(e) or Section 52.10. The department will provide a news release notifying the public 10 calendar days in advance of a change for this species made under the authority of subsection 27.20(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
NOTE

Authority cited: Sections 200, 202, 205, 220, 702 and 8587.1, Fish and Game Code. Reference: Sections 200, 202, 205, 1802, 7071 and 8586, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20.
HISTORY

1. New section filed 12-30-99; operative 12-30-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 53).  
2. New subsection (a), subsection relettering, amendment of newly designated subsection (c) and amendment of Note filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
3. Amendment of subsections (a) and (b) and new subsections (b)(1) and (b)(2) filed 1-3-2003; operative 1-3-2003 pursuant to Fish and Game Code sections 202 and 215 (Register 2003, No. 1). 
4. Amendment of subsection (a) filed 1-23-2004; operative 1-23-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 4). 
5. Amendment of subsections (a) and (b) and repealer of subsections (b)(1)-(2) filed 4-28-2004; operative 5-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
6. Amendment of section and Note filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
7. Amendment of subsection (a), new subsections (a)(1)-(6) and amendment of subsection (d) and Note filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
8. Amendment of subsections (a)(1), (a)(2) and (d) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsections (a)(1)-(2), new subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4)-(7) and Note filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsections (a)(1)-(5) and (b) and amendment of Note filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
11. Amendment of section and Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§28.29. Kelp Greenling. Rock Greenling.
Note     •     History

(a) Open areas, seasons, and depth constraints for greenlings of the genus Hexagrammos (including kelp and rock greenlings): See Section 27.20 through Section 27.50 for definitions, special closure areas, and exceptions. Take and possession is authorized as follows: 
(1) Northern Groundfish Management Area: Open from the second Saturday in May through October 31, in waters shallower than 20 fathoms. 
(2) Mendocino Groundfish Management Area: Open from the second Saturday in May through August 15, in waters shallower than 20 fathoms. 
(3) San Francisco Groundfish Management Area: Open June 9, 2011 through December 31, 2011, in waters shallower than 30 fathoms. Beginning in 2012, open June 1 through December 31, in waters shallower than 30 fathoms.
(4) Central Groundfish Management Area: Open May 1 through December 31, in waters shallower than 40 fathoms. 
(5) Southern Groundfish Management Area: Open March 1 through December 31, in waters shallower than 60 fathoms. 
(6) Cowcod Conservation Areas: Open March 1 through December 31, in waters shallower than 20 fathoms. 
(b) Limit: For greenlings of the genus Hexagrammos, ten fish within a Rockfish, Cabezon, and Greenling complex (RCG complex, as defined in Section 1.91) bag limit of 10 fish.
(c) Minimum size: 12 inches total length.
(d) Method of take: When angling, gear is restricted to not more than two hooks and one line. For purposes of this section, a hook is a single hook, or double or treble hook with multiple points connected to a common shank.
(e) Fishing rules for greenlings of the genus Hexagrammos may be changed during the year or in-season by the department under the authority of subsection 27.20(e) or Section 52.10. The department will provide a news release notifying the public 10 calendar days in advance of a change for these species made under the authority of subsection 27.20(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
NOTE

Authority cited: Sections 200, 202, 205, 702, 7071 and 8587.1, Fish and Game Code. Reference: Sections 200, 202, 205, 1802, 7071 and 8586, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20.
HISTORY

1. New section filed 12-30-99; operative 12-30-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 53).  
2. New subsection (a), subsection relettering and amendment of Note filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
3. Amendment of subsections (a) and (b) and new subsections (b)(1) and (b)(2) filed 1-3-2003; operative 1-3-2003 pursuant to Fish and Game Code sections 202 and 215 (Register 2003, No. 1). 
4. Amendment of subsection (a) filed 1-23-2004; operative 1-23-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 4). 
5. Amendment of subsections (a) and (b) and repealer of subsections (b)(1)-(2) filed 4-28-2004; operative 5-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
6. Amendment of section and Note filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
7. Amendment of subsection (a), new subsections (a)(1)-(6) and amendment of subsections (b) and (d) and Note filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
8. Amendment of subsections (a)(1), (a)(2) and (d) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsections (a)-(a)(2), new subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4)-(7) and Note filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsections (a)(1)-(5) filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
11. Amendment of section and Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
12. Amendment of subsection (b) filed 4-5-2012; operative 5-1-2012 pursuant to Government Code section 11343.4(c) (Register 2012, No. 14).
§28.30. Kelp Bass, Barred Sand Bass and Spotted Sand Bass.
Note

(a) Minimum size: Twelve inches total length or eight and one-half inches alternate length.
(b) Limit: Ten in any combination of species.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§28.32. Pacific Bonito.
Note     •     History

(a) Limit: Ten.
(b) Minimum size: Twenty-four inches fork length or five pounds except that:
Five fish less than twenty-four inches fork length or weighing less than five pounds may be taken and possessed.
(c) The provisions of this section shall only remain operative if the provisions of Section 8377 of the Fish and Game Code, pertaining to the commercial take of Pacific bonito, become operative on March 1, 1982 and remain operative.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment of subsection (b) filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
§28.35. White Seabass.
Note     •     History

(a) Minimum size: Twenty-eight inches total length or twenty and one-half inches alternate length.
(b) Season: Open all year.
(c) Limit: Three, except that only one fish may be taken in waters south of Pt. Conception between March 15 and June 15.
NOTE

Authority cited: Sections 200, 202, and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
HISTORY

1. Amendment of subsections (b) and (c) filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
§28.37. Yellowtail.
Note     •     History

(a) Limit: Ten
(b) Minimum size: Twenty-four inches fork length except that:
Five fish less than twenty-four inches fork length may be taken or possessed.
NOTE

Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code.
HISTORY

1. New section filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
§28.38. Tunas.
Note     •     History

The following daily bag limits apply:
(a) Albacore:
(1) South of a line running due west true from 34o27'N. lat. (at Point Conception, Santa Barbara County) -- The special limit for albacore is 10, which may be taken or possessed in addition to the overall general daily bag limit of 20 finfish specified in subsection 27.60(a).
(2) North of a line running due west true from 34o27'N. lat. (at Point Conception, Santa Barbara County) -- The special limit for albacore is 25, which may be taken or possessed in addition to the overall general daily bag limit of 20 finfish specified in subsection 27.60(a).
(b) Bluefin tuna -- The special limit for bluefin tuna is 10, which may be taken or possessed in addition to the overall general daily bag limit of 20 finfish specified in subsection 27.60(a).
(c) There is no limit on skipjack tuna.
(d) For yellowfin tuna, bigeye tuna, and other tunas not listed above, the limit is 10. Unlike albacore and bluefin tuna, fish taken under this limit shall apply toward the overall general daily bag limit of 20 finfish specified in subsection 27.60(a).
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202 and 205, Fish and Game Code.
HISTORY

1. New section filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
§28.40. Broadbill Swordfish.
Note

Limit: Two.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§28.41. Sixgill Shark, Sevengill Shark.
Note     •     History

Limit: One of each species.
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202 and 205, Fish and Game Code.
HISTORY

1. New section filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
§28.42. Shortfin Mako Shark, Thresher Shark, and Blue Shark.
Note     •     History

Limit: Two of each species.
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202 and 205, Fish and Game Code.
HISTORY

1. New section filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
§28.45. Surf Smelt (Night Smelt, Day Fish, Whitebait Smelt).
Note

Limit: Twenty-five pounds in combination.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§28.48. Pacific Sanddab, Rock Sole, Sand Sole, Butter Sole, Curlfin Sole, Rex Sole, and Flathead Sole.
Note     •     History

Pacific sanddab, rock sole, sand sole, butter sole, curlfin sole, rex sole, and flathead sole are federal groundfish, also known in the aggregate as “other flatfish” pursuant to subsection 1.91(a)(10) and are subject to special regulations as follows. Regulations of this Section do not apply to other species of sanddabs, flounders, or sole.
(a) Open year-round.
(b) Fishing rules for Pacific sanddab, rock sole, sand sole, butter sole, curlfin sole, rex sole, and flathead sole may be changed during the year or in-season by the department under the authority of subsection 27.20(e). The department will provide a news release notifying the public 10 calendar days in advance of a change for these species made under the authority of subsection 27.20(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. 
(c) Limit: There is no limit on Pacific sanddab. The general bag limit of not more than 20 finfish in combination of all species with not more than 10 of any one species applies to rock sole, sand sole, butter sole, curlfin sole, rex sole, and flathead sole. 
NOTE

Authority cited: Sections 200, 202, 205 and 702, Fish and Game Code. Reference: Sections 200, 202, 205 and 1802, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20.
HISTORY

1. New section filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
2. Amendment of subsections (a)(1)(B), (a)(2)(B) and (b) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (a)(1)(A)-(B), new subsection (a)(1)(C), amendment of subsections (a)(2)-(a)(2)(C), new subsections (a)(3)-(a)(3)(C), subsection renumbering and amendment of newly designated subsections (a)(4)(A)-(B), (a)(5)(A)-(B), (a)(6)(A)-(B) and (a)(7)(A)-(B) filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a) and repealer of subsections (a)(1)-(a)(7)(B) filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
5. Amendment of first paragraph filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§28.49. Petrale Sole, Starry Flounder, Soupfin Shark, Dover Sole, English Sole, Arrowtooth Flounder, Spiny Dogfish, Big Skate, California Skate, Longnose Skate, Ratfish, Rattails, Codlings, Pacific Cod, Pacific Whiting, Sablefish and Thornyheads.
Note     •     History

Petrale sole, starry flounder, soupfin shark, Dover sole, English sole, arrowtooth flounder, spiny dogfish, big skate, California skate, longnose skate, ratfish, Pacific rattail, finescale codling, Pacific cod, Pacific whiting, sablefish, longspine thornyhead, and shortspine thornyhead are federal groundfish, as defined in subsection 1.91(a), and are subject to special regulations as follows. Regulations of this Section do not apply to other species of flounders, sole, sharks, skates, rattails, or codlings unless otherwise specified. 
(a) Open areas, seasons, and depth constraints: See Section 27.20 through Section 27.50 for definitions, special closure areas, and exceptions. Take and possession is authorized as follows: 
(1) Northern Groundfish Management Area: Open from the second Saturday in May through October 31, in waters shallower than 20 fathoms. 
(2) Mendocino Groundfish Management Area: Open from the second Saturday in May through August 15, in waters shallower than 20 fathoms. 
(3) San Francisco Groundfish Management Area: Open June 9, 2011 through December 31, 2011, in waters shallower than 30 fathoms. Beginning in 2012, open June 1 through December 31, in waters shallower than 30 fathoms. 
(4) Central Groundfish Management Area: Open May 1 through December 31, in waters shallower than 40 fathoms. 
(5) Southern Groundfish Management Area: Open March 1 through December 31, in waters shallower than 60 fathoms. 
(6) Cowcod Conservation Areas: Closed. 
(b) Fishing rules for Petrale sole, starry flounder, soupfin shark, Dover sole, English sole, arrowtooth flounder, spiny dogfish, big skate, California skate, longnose skate, ratfish, Pacific rattail, finescale codling, Pacific cod, Pacific whiting, sablefish, longspine thornyhead and shortspine thornyhead  may be changed during the year or in-season by the department under the authority of subsection 27.20(e). The department will provide a news release notifying the public 10 calendar days in advance of a change for these species made under the authority of subsection 27.20(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. 
(c) Limit: 
(1) There is no limit on Petrale sole or starry flounder. 
(2) The limit on soupfin shark is one fish. 
(3) The general bag limit of not more than 20 finfish in combination of all species with not more than 10 of any one species applies to Dover sole, English sole, arrowtooth flounder, spiny dogfish, big skate, California skate, longnose skate, ratfish, Pacific rattail, finescale codling, Pacific cod, Pacific whiting, sablefish, longspine thornyhead and shortspine thornyhead. 
NOTE

Authority cited: Sections 200, 202, 205 and 702, Fish and Game Code. Reference: Sections 200, 202, 205 and 1802, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20.
HISTORY

1. New section filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
2. Amendment of subsections (a)(1), (a)(2) and (b) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (a)-(a)(2), new subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4)-(6) filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a)(1)-(5) filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
5. Amendment of section heading and section filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§28.50. Marlin.
Note     •     History

Limit: One.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Editorial correction filed 1-20-83 (Register 83, No. 4).
§28.51. Spiny Dogfish, Soupfin Shark. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 702, Fish and Game Code. Reference: Sections 200, 202, 205 and 1802, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20.
HISTORY

1. New section filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
2. Amendment of subsections (a)(1), (a)(2) and (b) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (a)-(a)(2), new subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4)-(6) and Note filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a)(1)-(5) filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
5. Repealer filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§28.52. Big Skates, California Skates, and Longnose Skates. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 702, Fish and Game Code. Reference: Sections 200, 202, 205 and 1802, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20.
HISTORY

1. New section filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
2. Amendment of subsections (a)(1), (a)(2) and (b) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (a)-(a)(2), new subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4)-(6) and Note filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a)(1)-(5) filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
5. Repealer filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§28.53. Ratfish, Rattails and Codlings. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 702, Fish and Game Code. Reference: Sections 200, 202, 205 and 1802, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20.
HISTORY

1. New section filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
2. Amendment of subsections (a)(1), (a)(2) and (b) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (a)-(a)(2), new subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4)-(6) filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a)(1)-(5) filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
5. Repealer filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§28.54. California Scorpionfish (Sculpin).
Note     •     History

(a) Open areas, seasons, and depth constraints: See Section 27.20 through Section 27.50 for definitions, special closure areas, and exceptions. Take and possession is authorized as follows: 
(1) Northern Groundfish Management Area: Open from the second Saturday in May through October 31, in waters shallower than 20 fathoms. 
(2) Mendocino Groundfish Management Area: Open from the second Saturday in May through August 15, in waters shallower than 20 fathoms. 
(3) San Francisco Groundfish Management Area: Open June 9, 2011 through December 31, 2011, in waters shallower than 30 fathoms. Beginning in 2012, open June 1 through December 31, in waters shallower than 30 fathoms.
(4) Central Groundfish Management Area: Open May 1 through December 31, in waters shallower than 40 fathoms. 
(5) Southern Groundfish Management Area: Open year-round in waters shallower than 60 fathoms. 
(6) Cowcod Conservation Areas: Open year-round, in waters shallower than 20 fathoms. 
(b) Limit: Five.
(c) Minimum size: 10 inches total length.
(d) Fishing rules for California scorpionfish may be changed during the year or in-season by the department under the authority of subsection 27.20(e). The department will provide a news release notifying the public 10 calendar days in advance of a change for this species made under the authority of subsection 27.20(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
NOTE

Authority cited: Sections 200, 202, 205, 702, 7071 and 8587.1, Fish and Game Code. Reference: Sections 200, 202, 205, 220, 1802, 7071 and 8586, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20.
HISTORY

1. New section filed 12-30-99; operative 12-30-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 53). 
2. New subsection (a), subsection relettering and amendment of Note filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
3. Amendment of subsection (a) filed 10-17-2001 as an emergency; operative 10-29-2001 pursuant to Fish and Game Code section 215 (Register 2001, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-26-2002 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a) filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
5. Amendment of subsections (a) and (b) filed 1-3-2003; operative 1-3-2003 pursuant to Fish and Game Code sections 202 and 215 (Register 2003, No. 1). 
6. Amendment of subsection (a) filed 1-23-2004; operative 1-23-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 4). 
7. Amendment of section and Note filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
8. Amendment of subsection (a), new subsections (a)(1)-(6) and amendment of subsection (d) and Note filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
9. Amendment of subsections (a)(1), (a)(2) and (d) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsections (a)-(a)(2), new subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4)-(7) and Note filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsections (a)(1)-(5) and amendment of Note filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
12. Amendment of subsections (a)(1)-(4), repealer of subsection (a)(5), subsection renumbering and amendment of newly designated subsections (a)(5)-(6) and Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§28.55. Rockfish (Sebastes).
Note     •     History

(a) Open areas, seasons, and depth constraints: See Section 27.20 through Section 27.50 for definitions, special closure areas, and exceptions. Take and possession is authorized as follows: 
(1) Northern Groundfish Management Area: Open from the second Saturday in May through October 31, in waters shallower than 20 fathoms. 
(2) Mendocino Groundfish Management Area: Open from the second Saturday in May through August 15, in waters shallower than 20 fathoms. 
(3) San Francisco Groundfish Management Area: Open June 9, 2011 through December 31, 2011, in waters shallower than 30 fathoms. Beginning in 2012, open June 1 through December 31, in waters shallower than 30 fathoms.
(4) Central Groundfish Management Area: Open May 1 through December 31, in waters shallower than 40 fathoms. 
(5) Southern Groundfish Management Area: Open March 1 through December 31, in waters shallower than 60 fathoms. 
(6) Cowcod Conservation Areas: Open March 1 through December 31, in waters shallower than 20 fathoms, except that only Nearshore Rockfish, as defined in subsection 1.91(a)(1) may be taken and possessed. 
(b) Limit: Ten, within the Rockfish, Cabezon, and Greenling complex (RCG complex, as defined in Section 1.91) limit of 10 fish, in any combination of species, except as provided below.
(1) The limit on bronzespotted rockfish, canary rockfish, cowcod, and yelloweye rockfish is zero. These species shall not be taken or possessed as part of the RCG limit. 
(2) The limit on bocaccio rockfish is two fish, within the RCG limit. 
(3) In the Cowcod Conservation Areas (see Section 27.50), the limit on bocaccio and other shelf and slope rockfish, as defined in subsections 1.91(a)(3) and 1.91(a)(4), is zero. These species shall not be taken or possessed as part of the RCG limit in the Cowcod Conservation Areas.
(c) Size limit: None, except no bocaccio may be taken or possessed that is less than 10 inches in total length.
(d) Method of take: When angling, gear is restricted to not more than two hooks and one line. For purposes of this section, a hook is a single hook, or a double or treble hook with multiple points connected to a common shank.
(e) Fishing rules for rockfish may be changed during the year or in-season by the department under the authority of subsection 27.20(e). The department will provide a news release notifying the public 10 calendar days in advance of a change for these species made under the authority of subsection 27.20(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
NOTE

Authority cited: Sections 200, 202, 205, 215, 220, 702, 7071 and 8587.1, Fish and Game Code. Reference: Sections 200, 202, 205, 215, 220, 1802, 7071, 8585.5 and 8586, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20.
HISTORY

1. Amendment of section and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
2. Amendment filed 12-30-99; operative 12-30-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 53). 
3. Amendment of subsection (b) filed 6-12-2000; operative 6-12-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 24).
4. Amendment of section and Note filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
5. Amendment of subsection (a)(1) and new subsection (d)(3) filed 10-17-2001 as an emergency; operative 10-29-2001 pursuant to Fish and Game Code section 215 (Register 2001, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-26-2002 or emergency language will be repealed by operation of law on the following day.
6. Amendment filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
7. Amendment of subsection (a), repealer of subsections (a)(1) and (a)(2), amendment of subsection (b) and new subsections (b)(1) and (b)(2) filed 1-3-2003; operative 1-3-2003 pursuant to Fish and Game Code sections 202 and 215 (Register 2003, No. 1). 
8. Amendment of subsections (a) and (b)(1)-(2) filed 1-23-2004; operative 1-23-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 4). 
9. Amendment of subsection (b)(1) filed 4-29-2004 as an emergency; operative 5-1-2004 (Register 2004, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-30-2004 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsections (a) and (b) and repealer of subsections (b)(1)-(2) filed 4-28-2004; operative 5-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
11. Amendment of section and Note filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
12. Amendment of subsections (a) and (b), new subsections (a)(1)-(6) and (b)(1)-(4) and amendment of subsection (e) filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
13. Amendment of subsections (a)(1), (a)(2) and (e) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsections (a)-(a)(2), new subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4)-(7) and subsection (b)(3) and Note filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
15. Amendment of subsections (a)(1)-(5) and (b)(1)-(2), repealer of subsection (b)(3), subsection renumbering, amendment of newly designated subsection (b)(3) and amendment of Note filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
16. Amendment of subsections (a)(1)-(4), repealer of subsection (a)(5), subsection renumbering and amendment of subsections (b) and (d) and Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
17. Editorial correction of subsection (a)(4) (Register 2011, No. 48).
§28.56. Leopard Shark.
Note     •     History

(a) Open areas, seasons, and depth constraints: See Section 27.20 through Section 27.50 for definitions, special closure areas, and exceptions. Take and possession is authorized as follows: 
(1) Northern Groundfish Management Area: Open from the second Saturday in May through October 31, in waters shallower than 20 fathoms, except that take and possession is authorized year-round in Humboldt Bay. 
(2) Mendocino Groundfish Management Area: Open from the second Saturday in May through August 15, in waters shallower than 20 fathoms. 
(3) San Francisco Groundfish Management Area: Open June 9, 2011 through December 31, 2011, in waters shallower than 30 fathoms, except that take and possession is authorized year-round in Drake's Estero Bay, Bolinas Bay, Tomales Bay, Bodega Harbor, and San Francisco Bay. Beginning in 2012, open June 1 through December 31, in waters shallower than 30 fathoms, except that take and possession is authorized year-round in Drake's Estero Bay, Bolinas Bay, Tomales Bay, Bodega Harbor, and San Francisco Bay.
(4) Central Groundfish Management Area: Open May 1 through December 31, in waters shallower than 40 fathoms, except that take and possession is authorized year-round in Elkhorn Slough. 
(5) Southern Groundfish Management Area: Open March 1 through December 31, in waters shallower than 60 fathoms, except that take and possession is authorized year-round in Newport Bay, Alamitos Bay, Mission Bay, and San Diego Bay. 
(6) Cowcod Conservation Areas: Closed.
(b) Limit: three.
(c) Minimum size: 36 inches total length.
(d) Fishing rules for leopard shark may be changed during the year or in-season by the department under the authority of subsection 27.20(e). The department will provide a news release notifying the public 10 calendar days in advance of a change for this species made under the authority of subsection 27.20(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
NOTE

Authority cited: Sections 200, 202, 205 and 702, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 1802, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20.
HISTORY

1. New section filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
2. Amendment filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
3. Amendment of subsection (a), new subsections (a)(1)-(6) and amendment of subsection (d) filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
4. Amendment of subsections (a)(1), (a)(2) and (d) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (a)-(a)(2), new subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4)-(7) and Note filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (a)(1)-(5) and (a)(7) and amendment of Note filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
7. Amendment of subsections (a)(1)-(4), repealer of subsection (a)(5), subsection renumbering and amendment of Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§28.57. Pacific Cod, Pacific Whiting, Sablefish, and Thornyheads. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 702, Fish and Game Code. Reference: Sections 200, 202, 205 and 1802, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20.
HISTORY

1. New section filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
2. Amendment of subsections (a)(1), (a)(2) and (b) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (a)-(a)(2), new subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4)-(6) filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a)(1)-(5) filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
5. Repealer filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§28.58. Ocean Whitefish.
Note     •     History

(a) Open areas, seasons, and depth constraints: See Section 27.20 through Section 27.50 for definitions, special closure areas, and exceptions. Take and possession is authorized as follows: 
(1) Northern Groundfish Management Area: Open from the second Saturday in May through October 31, in waters shallower than 20 fathoms. 
(2) Mendocino Groundfish Management Area: Open from the second Saturday in May through August 15, in waters shallower than 20 fathoms. 
(3) San Francisco Groundfish Management Area: Open June 9, 2011 through December 31, 2011, in waters shallower than 30 fathoms. Beginning in 2012, open June 1 through December 31, in waters shallower than 30 fathoms.
(4) Central Groundfish Management Area: Open May 1 through December 31, in waters shallower than 40 fathoms. 
(5) Southern Groundfish Management Area: Open March 1 through December 31, in waters shallower than 60 fathoms. 
(6) Cowcod Conservation Areas: Open March 1 through December 31, in waters shallower than 20 fathoms. 
(b) Fishing rules for ocean whitefish may be changed during the year or in-season by the department under the authority of subsection 27.20(e). The department will provide a news release notifying the public 10 calendar days in advance of a change for this species made under the authority of subsection 27.20(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
(c) Limit: The general bag limit of not more than 20 finfish in combination of all species with not more than 10 of any one species applies to ocean whitefish. 
NOTE

Authority cited: Sections 200, 202, 205, 215, 220 and 702, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215, 220 and 1802, Fish and Game Code; 50 CFR Part 660, Subpart G; 50 CFR 660.384; and 14 CCR 27.20.
HISTORY

1. New section filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
2. Amendment filed 1-3-2003; operative 1-3-2003 pursuant to Fish and Game Code sections 202 and 215 (Register 2003, No. 1). 
3. Amendment filed 1-23-2004; operative 1-23-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 4). 
4. Amendment of section and Note filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
5. Amendment of subsection (a), new subsections (a)(1)-(6), amendment of subsection (b) and new subsection (c) filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
6. Amendment of subsections (a)(1), (a)(2) and (b) and amendment of Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsections (a)-(a)(2), new subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4)-(7) filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsections (a)(1)-(5) and amendment of Note filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10). 
9. Amendment of subsections (a)(1)-(4), repealer of subsection (a)(5), subsection renumbering and amendment of Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§28.59. Surfperch.
Note     •     History

(a) For purposes of this Section, the term “surfperch” refers to all species of the family Embiotocidae, in any combination.
(b) Open season: Open all year, except surfperch may not be taken or possessed by a person in San Francisco Bay and San Pablo Bay between April 1 and July 31, inclusive. Shiner surfperch (Cymatogaster aggregata) are exempt from this seasonal closure and may be taken and possessed up to their daily bag limit in these areas during the closure period.
(c) Daily bag limits.
(1) In San Francisco Bay and San Pablo Bay, the aggregate limit is five surfperch, not including shiner surfperch. For all other areas, the aggregate limit is 20 surfperch, not including shiner surfperch. Not more than 10 surfperch may be of any one species.
(2) The special limit for shiner surfperch is 20, which may be taken or possessed in addition to the overall daily bag limit of 20 finfish specified in subsection 27.60(a).
(d) Minimum size: redtail surfperch, ten and one-half inches total length. All other surfperch, none.
NOTE

Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code.
HISTORY

1. New section filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
2. Amendment of subsections (a) and (b) filed 3-26-2002 as an emergency; operative 3-29-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-29-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-26-2002 order, including amendment of subsections (a) and (b), transmitted to OAL 6-28-2002 and filed 8-6-2002 (Register 2002, No. 32).
4. Amendment filed 4-21-2006; operative 5-21-2006 (Register 2006, No. 16).
5. Amendment of subsection (c)(2) filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
§28.60. Herring Eggs.
Note

Limit: Twenty-five pounds (including plants) wet weight.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§28.62. Herring. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Repealer filed 1-26-88; operative 3-1-88 (Register 88, No. 6). 
FIN FISH—GEAR RESTRICTIONS
§28.65. General.
Note     •     History

Except as provided in this article, fin fish may be taken only on hook and line or by hand. Any number of hooks and lines may be used in all ocean waters and bays except:
(a) San Francisco and San Pablo bays between the Golden Gate Bridge and the west Carquinez Bridge, where only one line with not more than three hooks may be used.
(b) On public piers, no person shall use more than two rods and lines, two hand lines, or two nets, traps or other appliances used to take crabs.
(c) When rockfish (genus Sebastes), lingcod (Ophiodon elongatus), cabezon (Scorpaenichthys marmoratus), or kelp or rock greenlings (Hexagrammos decagrammus and Hexagrammos lagocephalus) are aboard or in possession, where only one line with not more than two hooks may be used pursuant to sections 28.55, 28.27, 28.28 or 28.29, respectively.
(d) No gaff hook shall be used to take or assist in landing any fin fish shorter than the minimum size limit. For the purpose of this section a gaff hook is any hook with or without a handle used to assist in landing fish or to take fish in such a manner that the fish does not take the hook voluntarily in its mouth. No person shall take fin fish from any boat or other floating device in ocean waters without having a landing net in possession or available for immediate use to assist in landing undersize fish of species having minimum size limits; the opening of any such landing net shall be not less than eighteen inches in diameter.
(e) North of Point Conception (34o27'00'N. lat.), where only one rod and line may be used by each angler fishing for salmon, or fishing from any boat or floating device with salmon on board.
(f) Mousetrap gear prohibited: It is unlawful to use, assist in using, or to possess aboard any vessel, hook-and-line gear commonly termed “mouse traps” constructed of a hook(s) or lure(s), attached to one end of a line that is attached to a float, or floats at the other end, and that when fished, is not attached directly to a person or vessel. Possession of such gear aboard a vessel shall be prima facie evidence that the gear is being used in violation of this regulation.
(g) North of Point Conception to Horse Mountain, Section 27.80(a)(3) applies to each angler fishing for salmon or fishing from any boat or floating device with salmon on board.
NOTE

Authority cited: Sections 200, 202, 205, 215, 220, 240 and 7071, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215, 220, 240 and 8585.5, Fish and Game Code.
HISTORY

1. New subsection (d) filed 6-28-96; operative 6-28-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 26).
2. Editorial correction of subsection (d) (Register 97, No. 19).
3. Amendment of subsection (d) and Note filed 5-9-97 as an emergency; operative 5-9-97 (Register 97, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-8-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-9-97 order transmitted to OAL 9-3-97 and filed 10-15-97 (Register 97, No. 42).
5. New subsection (e) and amendment of Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
6. New subsection (f) filed 5-14-98 as an emergency; operative 5-14-98 (Register 98, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-11-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 5-14-98 order transmitted to OAL 9-9-98 and filed 10-20-98 (Register 98, No. 43).
8. Amendment of subsection (c) and subsection relettering filed 12-30-99; operative 12-30-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 53).  
9. Amendment of subsection (b) filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
10. Amendment of subsection (c) and Note filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
11. Amendment of subsection (c) filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
§28.70. Weight, Power Driven Gurdies or Power Driven Winches.
Note     •     History

(a) No sinker or weight weighing more than four pounds, nor any power driven gurdy or power driven winch, may be used in any ocean waters or saltwater bays north of Point Arguello. This regulation does not apply to
(1) power gurdies or power winches used solely for handling crab nets or traps.
(2) the use of downriggers where the downrigger line is not used as a fishingline but us attached to the fishing line by a breakaway line; or
(3) the use of electric fishing reels manufactured for sport fishing use.
NOTE

Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code.
HISTORY

1. Amendment of section heading filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
2. Amendment filed 2-11-87; designated effective 3-1-87 (Register 87, No. 9).
§28.75. Baited Traps for Shiner Surfperch, Pacific Staghorn Sculpin and Longjaw Mudsuckers.
Note

In San Francisco and San Pablo bays and their saltwater tributaries, and in the open ocean and the contiguous bays of Mendocino, Sonoma and Marin counties, traps not over three feet in greatest dimension may be used to take shiner surfperch, Pacific staghorn sculpin and longjaw mudsuckers. Any other species taken shall be returned to the water immediately.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§28.80. Dip Nets and Hawaiian Type Throw Nets.
Note     •     History

Dip nets of any size and baited hoop nets not greater than 36 inches in diameter may be used to take herring, Pacific staghorn sculpin, shiner surfperch, surf smelt, topsmelt, anchovies, shrimp and squid. Hawaiian type throw nets may be used north of Point Conception to take such species.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code.
HISTORY

1. Amendment filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
2. Amendment filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
§28.85. Beach Nets.
Note

Beach nets not over 20 feet in length with meshes at least 7/8 of an inch in length may be used to take surf smelt north of Point Conception.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§28.90. Diving, Spearfishing.
Note     •     History

Persons who are floating or swimming in the water may use spearfishing gear and skin or SCUBA diving equipment to take fin fish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, striped bass or broadbill, except that:
(a) No person may possess or use a spear within 100 yards of the mouth of any stream in any ocean waters north of Ventura County.
(b) When spearfishing for or in possession of federal groundfish or associated species as authorized pursuant to subsections 27.25(c)(4), 27.30(c)(4), 27.35(c)(4), 27.40(c)(3), 27.45(c)(4) or 27.50(c)(3), in an area or during a season closed to the take of these species, no fishing gear except spearfishing gear may be aboard the vessel or watercraft.
NOTE

Authority cited: Sections 200, 202, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 7071 and 8586, Fish and Game Code; and 50 CFR 660, Subpart G.
HISTORY

1. Amendment of section and Note filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
2. Amendment of subsection (b) and Note filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
§28.91. Slurp Guns.
Note

Slurp guns may be used to take fin fish except that bag and possession limits shall not be exceeded wherever they apply and no species of fin fish may be taken for which a minimum size limit has been established (see Sections 27.60 and 28.00-28.55).
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§28.95. Spears, Harpoons and Bow and Arrow Fishing Tackle.
Note     •     History

Spears, harpoons and bow and arrow fishing tackle may be used for taking all varieties of skates, rays, and sharks, except white sharks. Such gear may not be possessed or used within 100 yards of the mouth of any stream in any ocean waters north of Ventura County, nor aboard any vessel on any day or on any trip when broadbill swordfish or marlin have been taken. Bow and arrow fishing tackle may be used to take fin fish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, striped bass,  broadbill and white shark.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219, 220 and 5517, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 5517, Fish and Game Code.
HISTORY

1. Amendment of section and Note filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
§29.00. Gear Used in Taking Grunion.
Note

No appliances of any kind may be used to take grunion, and no holes may be dug in the beach to entrap them.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. 
INVERTEBRATES
§29.05. General.
Note     •     History

(a) Except as provided in this article there are no closed seasons, closed hours or minimum size limits for any invertebrate. The bag limit on all invertebrates for which the take is authorized and for which there is not a bag limit otherwise established in this article is 35. In San Francisco and San Pablo bays and saltwater tributaries east of the Golden Gate Bridge invertebrates may not be taken at night except from the shore.
(b) Take of all invertebrates is prohibited within state marine reserves. Take of certain invertebrates may be prohibited within state marine parks and state marine conservation areas as per subsection 632(b). In addition, tidal invertebrates may not be taken in any tidepool or other areas between the high tide mark (defined as Mean Higher High Tide) and 1,000 feet seaward and lateral to the low tide mark (defined as Mean Lower Low Water) except as follows:
(1) Except where prohibited within state marine reserves, state marine parks, state marine conservation areas, or other special closures only the following may be taken: red abalone, limpets, moon snails, turban snails, chiones, clams, cockles, mussels, rock scallops, native oysters, octopuses, squid, crabs, lobsters, shrimp, sand dollars, sea urchins and worms except that no worms may be taken in any mussel bed, unless taken incidental to the harvesting of mussels.
(c) Measuring Devices. Every person while taking invertebrates which have a size limit shall carry a device which is capable of accurately measuring the minimum legal size of the species taken.
(d) In all ocean waters skin and Self Contained Underwater Breathing Apparatus (SCUBA) divers may take invertebrates as provided in this article except that in all ocean waters north of Yankee Point (Monterey Co.), SCUBA may be used only to take sea urchins, rock scallops and crabs of the genus Cancer. For the purpose of this section, breathing tubes (snorkels) are not SCUBA.
NOTE

Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
HISTORY

1. Amendment of subsection (b)(2) filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. Amendment to subsection (b)(3) filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
3. Amendment of subsection (b) filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
4. Amendment of subsection (b)(1) filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
5. Amendment filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
§29.10. General.
Note

(a) Except as otherwise provided in this article, saltwater mollusks, including octopus, may be taken only on hook and line or with the hands.
(b) The size of a mollusk is measured in greatest shell diameter.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§29.15. Abalone.
Note     •     History

(a) Geographic Area: Except in the special closure area described in subsection (a)(1) below, abalone may only be taken north of a line drawn due west magnetic from the center of the mouth of San Francisco Bay. No abalone may be taken, landed, or possessed if landed south of this line.
(1) Special Closure: No abalone may be taken between a line drawn due west magnetic from the Sonoma/Marin County line, north to a line drawn due west magnetic from the Sonoma/Mendocino County line (All of the Sonoma County coast line). This special closure is in effect from October 4, 2011 through March 30, 2012, and is repealed on March 31, 2012.
(b) Open Season and Hours: 
(1) Open Season: In the Fort Ross area bounded by the mean high tide line and a line drawn due south true from 38o30.63' N, 123o14.98' W (the northern point of Fort Ross Cove) and a line drawn due west true from 38o29.45' N, 123o11.72' W (Jewel Gulch, south boundary Fort Ross State Park) abalone may only be taken during the months of June, August, September, October and November. In the remainder of the geographic area defined in subsection (a) above, abalone may be taken only during the months of April, May, June, August, September, October and November. 
(2) Open Hours: Abalone may be taken only from one-half hour before sunrise to one-half hour after sunset. 
(c) Bag Limit and Yearly Trip Limit: Three red abalone, Haliotis rufescens, may be taken per day. No more than three abalone may be possessed at any time. No other species of abalone may be taken or possessed. Each person taking abalone shall stop detaching abalone when the limit of three is reached. No person shall take more than 24 abalone during a calendar year. 
(d) Minimum Abalone Size: All red abalone must be seven inches or greater measured along the longest shell diameter. All legal size abalone detached must be retained. No undersized abalone may be brought ashore or aboard any boat, placed in any type of receiver, kept on the person, or retained in any person's possession or under his control. Undersize abalone must be replaced immediately to the same surface of the rock from which detached. Abalones brought ashore shall be in such a condition that the size can be determined.
(e) Special Gear Provisions: The use of SCUBA gear or surface supplied air to take abalone is prohibited. Abalone may not be taken or possessed aboard any boat, vessel, or floating device in the water containing SCUBA or surface supplied air. Abalone may be taken only by hand or by devices commonly known as abalone irons. Abalone irons must be less than 36 inches long, straight or with a curve having a radius of not less than 18 inches, and must not be less than 3/4 inch wide nor less than 1/16 inch thick. All edges must be rounded and free of sharp edges. Knives, screwdrivers and sharp instruments are prohibited. 
(f) Measuring Device. Every person while taking abalone shall carry a fixed caliper measuring gauge capable of accurately measuring seven inches. The measuring device shall have fixed opposing arms of sufficient length to measure the abalone by placing the gauge over the shell.
(g) Abalone Possession and Transportation: Abalones shall not be removed from their shell, except when being prepared for immediate consumption.
(1) Individuals taking abalone shall maintain separate possession of their abalone. Abalone may not be commingled in a float tube, dive board, dive bag, or any other container or device, until properly tagged. Only after abalones are properly tagged, as described in Section 29.16(b), Title 14, CCR, may they be commingled with other abalone taken by another person. 
(h) Report Card Required: Any person fishing for or taking abalone shall have in their possession a nontransferable Abalone Report Card issued by the department and shall adhere to all reporting and tagging requirements for abalone defined in Sections 1.74 and 29.16, Title 14, CCR. 
NOTE

Authority cited: Sections 200, 202, 205, 210, 220, 240, 5521 and 7149.8, Fish and Game Code. Reference: Sections 200, 202, 205, 220, 5521, 7145 and 7149.8, Fish and Game Code. 
HISTORY

1. New subsection (f) filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4). 
2. Amendment of subsection (d) filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8). 
3. Amendment of subsections (a) and (b) filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
4. Amendment of subsection (a) and new subsection (a)(1) and Note filed 8-2-93; operative 9-1-93 (Register 93, No. 32).
5. Amendment of subsection (a), repealer of subsection (a)(1), and amendment of Note filed 6-5-95; operative 6-5-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 23).
6. Amendment of subsection (a) and Note filed 2-1-96; operative 3-1-96 (Register 96, No. 5).
7. Amendment of subsection (a), new subsection (b), subsection relettering, and amendment of Note filed 5-22-97 as an emergency; operative 5-22-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-19-97 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (a), new subsection (b), subsection relettering, and amendment of Note refiled 9-8-97 as an emergency; operative 9-8-97 (Register 97, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-6-98 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section and Note as they existed prior to 5-22-97 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 17).
10. Amendment of subsections (a) and (b), repealer of subsection (b)(1) and amendment of Note filed 4-22-98; operative 4-22-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 17).
11. Amendment of section and Note filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
12. Amendment of subsections (f) and (h) and amendment of Note filed 2-27-2001; operative 2-27-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 9). 
13. Amendment filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
14. Amendment of subsections (c) and (h) and new subsection (i) filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9). 
15. Amendment of subsections (h)-(i) filed 12-14-2007; operative 1-13-2008 (Register 2007, No. 50).
16. Amendment of subsection (g), repealer of subsections (h)-(i) and new subsection (h) filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
17. Amendment of subsection (a) and new subsection (a)(1) filed 10-4-2011 as an emergency; operative 10-4-2011 (Register 2011, No. 40). A Certificate of Compliance must be transmitted to OAL by 4-2-2012 or emergency language will be repealed by operation of law on the following day.
18. Amendment of subsection (b) and new subsections (b)(1)-(2) and (g)(1) filed 1-31-2012; operative 3-1-2012 (Register 2012, No. 5).
19. Amendment of subsection (a) and new subsection (a)(1) refiled 2-24-2012 as an emergency, with further amendment of subsection (a)(1); operative 2-24-2012 (Register 2012, No. 8). A Certificate of Compliance must be transmitted to OAL by 5-24-2012 or emergency language will be repealed by operation of law on the following day.
§29.16. Abalone Report Card and Tagging Requirements (FG 2915, See Section 701).
Note     •     History

(a) Abalone Report Card Required. All individuals including divers must have an Abalone Report Card in their immediate possession while fishing for or taking red abalone. Individuals must complete and return the card pursuant to regulations in this Section and in Section 1.74. 
(b) Tagging Requirements. An Abalone Report Card includes detachable tags that shall be used to tag any abalone that is taken and retained in the sport fishery. Any red abalone possessed by any person shall be tagged. 
(1) Cardholders shall tag any red abalone either immediately upon exiting the water or immediately upon boarding a vessel, whichever occurs first. For the purposes of this section a vessel is defined as any watercraft used or capable of being used as a means of transportation on water (reference Section 9840(a) CVC). Cardholders shall not wait to return to their vehicle, beach site or other location to tag any abalone in possession. 

Exception:Cardholders who dive from a non-motorized vessel such as a kayak that is in the water may wait until immediately after disembarking from the non-motorized vessel to tag and record any abalone in possession, but shall not transfer any abalone from his or her immediate possession unless they are first tagged and recorded on the report card. 
(2) The cardholder shall fill in the month, day, time of catch, and fishing location on the abalone tag, remove and completely detach the tag from the card, and affix it to the shell of the abalone. 
(3) The tag shall be securely fastened to the shell of the abalone. To affix the tag, a “zip tie”, string, line or other suitable material shall be passed through a siphon hole on the abalone shell and through the tag at the location specified on the abalone tag. 
(4) Tags shall be used in sequential order, and shall not be removed from the report card until immediately prior to affixing to an abalone. Any tags detached from the report card and not affixed to an abalone shall be considered used and therefore invalid. 
(5) No person shall possess any used or otherwise invalid abalone tags not attached to an abalone shell. 
(c) Reporting Requirements. Immediately upon tagging all abalone in possession, the cardholder shall record the month, day, time of catch, and fishing location in the appropriate spaces on the numbered line on the Abalone Report Card which corresponds to the number on the tag attached to the abalone. 
(d) Records of Prior Activity. All tags must be accounted for at all times by entry of a record on the Abalone Report Card corresponding to all tags that are not in possession. Any tag that was lost or destroyed shall be recorded as such on the corresponding line on the Abalone Report Card. Any tag that was inadvertently removed and is still in possession shall be recorded as void on both the tag and the corresponding line on the Abalone Report Card. 
(e) Abalone tags must be left affixed to the shell, including while stored at a residence or non-transient location, until the abalone is processed for immediate consumption. 
(f) The annual fee for the Abalone Report Card is specified in Section 7149.8 of the Fish and Game Code. 
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202 and 205, Fish and Game Code. 
HISTORY

1. New section filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
§29.17. Kellet's Whelk.
Note     •     History

(a) Open Season: From July 1 through the first Wednesday after the 15th of March. 
NOTE

Authority cited: Sections 200, 202, 205, 210 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 210 and 220, Fish and Game Code. 
HISTORY

1. New section filed 2-13-2012; operative 3-14-2012 (Register 2012, No. 7).
§29.20. Clams General.
Note     •     History

(a) Except as provided in this article, there are no closed seasons, bag limits or size limits on saltwater clams.
(b) Fishing hours: one-half hour before sunrise to one-half hour after sunset.
(c) Special gear provisions: Spades, shovels, hoes, rakes or other appliances operated by hand, except spears or gaff hooks, may be used to take clams. No instrument capable of being used to dig clams may be possessed between one-half hour after sunset and one-half hour before sunrise, on any beach of this state, except tools and implements used in the work of cleaning, repairing or maintaining such beach when possessed by a person authorized by appropriate authority to perform such work.
(d) Clams ashore: Clams which have a size limit when being taken must be brought ashore above the high water mark in such a condition that the size can be determined. Such clams not in the shell may not be transported or possessed, except when being prepared for immediate consumption. Clams which have a size limit and are not retained shall be immediately reburied in the area from which dug.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Editorial correction of printing error in subsection (c) (Register 91, No. 31).
§29.25. Gaper Clams and Washington Clams.
Note     •     History

Limit: Ten of each species, except in Humboldt Bay the limit is fifty in combination; however, no more than 25 gaper clams may be taken or possessed. In Elkhorn Slough the limit is twelve in combination. All gaper clams and Washington clams dug, regardless of size or broken condition, must be retained until the bag limit is reached. For purposes of this section, clams commonly termed horse clams or horseneck clams are gaper clams, not geoduck clams regulated pursuant to Section 29.30, Title 14, CCR.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
§29.30. Geoduck Clams.
Note     •     History

Limit: Three. The first three geoduck clams dug must be retained as the bag limit regardless of size or broken condition. For purposes of this section, clams commonly termed horse clams or horseneck clams are not geoduck clams.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
§29.35. Littleneck Clams, Soft-Shell Clams, Chiones, Northern Quahogs, and Cockles.
Note

(a) Limit: Fifty in combination.
(b) Minimum size: One and one-half inches in greatest diameter, except there is no size limit for soft-shell clams. All soft-shell clams dug, regardless of size or broken condition, must be retained until the bag limit is reached.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§29.40. Pismo Clams.
Note     •     History

(a) Open season: May be taken in Santa Cruz and Monterey counties September 1 through April 30. In all other counties, except in state marine reserves or other marine protected areas which prohibit the take of clams (see Section 632), Pismo clams may be taken at any time of the year.
(b) Limit: Ten.
(c) Minimum size: Five inches in greatest shell diameter north of the boundary between San Luis Obispo and Monterey counties; four and one-half inches in greatest shell diameter south of the boundary, between San Luis Obispo and Monterey counties.
(d) Clam preserves: No clams shall be taken within state marine reserves or other marine protected areas which prohibit the take of clams (see Section 632).
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment of subsections (a) and (d) and repealer of subsections (d)(1)-(3) filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
§29.45. Razor Clams.
Note

(a) Open season:
(1) Little River Beach in Humboldt County: Between Mad River and Strawberry Creek open only during even-numbered years; between Strawberry Creek and Moonstone Beach open only during odd-numbered years.
(2) In Del Norte County: North of Battery Point open only during odd-numbered years; south of Battery Point open only during even-numbered years.
(3) All other areas: Open all year.
(b) Limit: Twenty. The first twenty clams dug must be retained as the bag limit regardless of size or broken condition.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§29.55. Mussels.
Note     •     History

Limit: Ten pounds (in the shell) of California sea mussels and bay mussels in combination.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
§29.60. Rock Scallops.
Note

(a) Limit: Ten.
(b) Methods of take: Rock scallops may be taken only by hand, by the use of dive knives, or by devices commonly known as abalone irons in compliance with provisions of Section 29.15(e) of these regulations.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§29.65. Speckled (Bay) Scallops.
Note

May not be taken or possessed.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§29.70. Market Squid, Jumbo Squid.
Note     •     History

Squid may be taken with hand-held dip nets. There is no limit.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
HISTORY

1. Amendment of section heading filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
§29.71. Moon Snails.
Note

(a) Limit: Five.
(b) Open season: All year except that moon snails may not be taken north of the Golden Gate Bridge.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
CRUSTACEANS
§29.80. Gear Restrictions.
Note     •     History

(a) General Provisions.
(1) Saltwater crustaceans may be taken by hand.
(2) Nets, traps or other appliances may be not used except as provided in this Section.
(3) It is unlawful to disturb, move, or damage any trap; or remove any saltwater crustacean from a trap, that belongs to another person without written permission in possession from the owner of the trap.
(b) Hoop nets may be used to take spiny lobsters and all species of crabs. Between Point Arguello, Santa Barbara County, and the United States-Mexico border, not more than five hoop nets, as defined in (b)(1)(A) or (b)(1)(B), shall be possessed by a person when taking spiny lobster or crab, not to exceed a total of 10 hoop nets possessed when taking spiny lobster or crab, per vessel. The owner of the hoop net or person who placed the hoop net into the water shall raise the hoop net to the surface and inspect the contents of the hoop net at intervals not to exceed 2 hours.
(1) Hoop Net Defined: There are two types of hoop nets allowed for use. They shall be defined as:
(A) Type A: Fishing gear that is comprised of one to three rigid ring(s), with each ring measuring no greater than 36 inches in inside diameter nor less than 10 inches in inside diameter, which is/are connected to soft mesh thereby forming a circular-shaped net with an enclosed bottom. Lift lines shall be attached only to the top ring. A second and third rigid ring(s) may be connected by soft mesh to the top ring; however, each ring must be equal in size to or smaller than the ring above it. When the net is being raised the top ring shall be above and parallel to all other rings, with the enclosed bottom portion of the soft mesh even with or hanging below all other rings. All parts of the hoop net shall collapse and lie flat when resting on the ocean floor in such a manner that the gear does not entrap or restrict the free movement of crustaceans until lifted. When suspended from lift lines, the entire hoop net shall measure no taller than 36 inches. The ring material shall not be thicker than one inch in any dimension.
(B) Type B: Fishing gear that is comprised of two to three rigid rings (not including the bait ring), with each ring measuring no greater than 36 inches in inside diameter and the top ring measuring no less than 15 inches in inside diameter. The upper ring or rings shall be connected to the bottom ring and supported by no more than six rigid support arms, and the assembled frame shall measure no more than 10 inches tall. The rings and support material shall not be thicker than one inch in any dimension. All rings shall be connected by soft mesh, thereby forming a net with an enclosed bottom, and lift lines shall be attached only to the top ring. When suspended from lift lines the enclosed bottom portion of the net shall be even with or hanging below all other rings, and the entire net shall measure no taller than 30 inches. A bait ring may be attached to the net as long as the ring is not part of the rigid frame.
(2) Any hoop net abandoned or left unchecked for more then 2 hours shall be considered abandoned and seized by any person authorized to enforce these regulations.
(c) Crab traps shall have at least two rigid circular openings of not less than four and one-quarter inches inside diameter so constructed that the lowest portion of each opening is no lower than five inches from the top of the trap.
(d) Crab loop traps may have up to six loops.
(e) Crab trap areas: Crab traps, including crab loop traps, may be used north of Point Arguello to take all species of crabs (see regulations for take of Dungeness crabs in traps from commercial passenger fishing vessels in Section 29.85, Title 14, CCR).
(f) Shrimp and prawn traps may be used to take shrimp and prawns only. Trap openings may not exceed 1/2 inch in any dimension on traps used south of Point Conception nor five inches in any dimension on traps used north of Point Conception.
(g) Diving for crustaceans: In all ocean waters, except as provided in Section 29.05, skin and SCUBA divers may take crustaceans by the use of the hands only. Divers may not possess any hooked device while diving or attempting to dive.
(h) Hand operated appliances: Spades, shovels, hoes, rakes or other appliances operated by hand may be used to take sand crabs and shrimp.
(i) Dip nets and Hawaiian type throw nets: Shrimp may be taken with dip nets and Hawaiian type throw nets north of Point Conception.
(j) Shrimp trawls: Shrimp beam trawls may be used to take shrimp only in San Francisco Bay waters east of the Golden Gate Bridge, and in San Pablo Bay. The beam trawl frame from which the net is hung may not exceed 24 inches by 18 inches. The trawl may be towed by motorized vessels but may not be retrieved by mechanical devices. Any fish, other than shrimp, caught in the trawl must be returned immediately to the water.
NOTE

Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code.
HISTORY

1. New subsection (d), subsection redesignation and amendment of subsection (e) and Note filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
2. Amendment of subsection (c) filed 10-20-94; operative 10-20-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 42).
3. Amendment of subsection (b) and Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
4. Amendment of subsections (b) and (e) filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
5. Repealer and new subsection (a), new subsections (a)(1)-(3) and amendment of subsection (g) filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
6. Amendment of subsection (b) and new subsections (b)(1)-(2) filed 12-3-2010; operative 4-1-2011 (Register 2010, No. 49).
7. Amendment of subsection (b)(1)(B) filed 9-22-2011; operative 9-22-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 38).
§29.85. Crabs.
Note     •     History

(a) Dungeness crabs (Cancer magister):
(1) Closure: Dungeness crab may not be taken from or possessed if taken from San Francisco Bay and San Pablo Bay, plus all their tidal bays, sloughs and estuaries between the Golden Gate Bridge and Carquinez Bridge. 
(2) Open season: 
(A) Del Norte, Humboldt and Mendocino counties: From the first Saturday in November through July 30. 
(B) All other counties: From the first Saturday in November through June 30. 
(3) Limit: Ten, except in Sonoma, Marin, San Francisco, San Mateo, Santa Cruz, and Monterey counties, when fishing aboard a commercial passenger fishing vessel required to be licensed pursuant to Section 7881 and/or Section 7920, Fish and Game Code, the limit is six. 
(4) Not more than 60 crab traps are authorized to be used to take Dungeness crab from a vessel operating under authority of a Commercial Passenger Fishing Vessel License issued pursuant to Fish and Game Code Section 7920.
(5) Traps and trap buoys by a commercial passenger fishing vessel to take Dungeness crab under authority of this Section and Section 29.80 shall have the commercial boat registration number of that vessel affixed to each trap and buoy.
(6) No vessel that takes Dungeness crabs under authority of this section, or Section 29.80, shall be used to take Dungeness crabs for commercial purposes.
(7) Minimum size: Five and three-quarter inches measured by the shortest distance through the body from edge of shell to edge of shell directly in front of and excluding the points (lateral spines); except in Sonoma, Marin, San Francisco, San Mateo, Santa Cruz, and Monterey counties, when fishing aboard a commercial passenger fishing vessel required to be licensed pursuant to Section 7881 and/or Section 7920, Fish and Game Code, the minimum size is six inches measured by the shortest distance through the body from edge of shell to edge of shell directly in front of and excluding the points (lateral spines). 
(b) All crabs of the Cancer genus except Dungeness crabs, but including: yellow crabs, rock crabs, red crabs and slender crabs: 
(1) Open season: All year. 
(2) Limit: Thirty-five. 
(3) Minimum size: Four inches measured by the shortest distance through the body, from edge of shell to edge of shell at the widest part, except there is no minimum size in Fish and Game districts 8 and 9.
(c) All crabs of the genus Cancer, including Dungeness crabs, yellow crabs, rock crabs, red crabs and slender crabs, may be brought to the surface of the water for measuring, but no undersize crabs may be placed in any type of receiver, kept on the person or retained in any person's possession or under his direct control; all crabs shall be measured immediately and any undersize crabs shall be released immediately into the water. 
(d) Sand crabs (Emerita analoga): Limit: Fifty.
NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code. 
HISTORY

1. Amendment of subsection (a)(4) filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
2. Amendment of subsections (a)(2)(A)-(B) and (b)(3) and filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
3. New subsection (d) and amendment of subsection (a) filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
4. Amendment of subsections (a)(3)-(4) filed 10-20-94; operative 10-20-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 42).
5. New subsections (a)(4)-(a)(6) and subsection renumbering filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
6. Amendment of subsections (a)(2)(A)-(B) and amendment of Note filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
7. Amendment of subsection (a)(1) and amendment of Note filed 10-9-2007; operative 11-8-2007 (Register 2007, No. 41).
8. Amendment of subsection (a)(2)(A) filed 10-30-2008; operative 10-30-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 44).
§29.86. Bay Shrimp (Grass Shrimp).
Note

Limit: Five pounds.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§29.87. Ghost Shrimp and Blue Mud Shrimp.
Note

Limit: Fifty in combination.
NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
§29.88. 
Note     •     History

Coonstripe shrimp (Pandalus danae): Twenty pounds (in the shell, heads on) per day. The first 20 pounds taken, regardless of size or condition, shall constitute a daily bag and possession limit.
NOTE

Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code.
HISTORY

1. New section filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
§29.90. Spiny Lobsters.
Note     •     History

(a) Open season: From the Saturday preceding the first Wednesday in October through the first Wednesday after the 15th of March.
(b) Limit: Seven.
(c) Minimum size: Three and one-fourth inches measured in a straight line on the mid-line of the back from the rear edge of the eye socket to the rear edge of the body shell. Any lobster may be brought to the surface of the water for the purpose of measuring, but no undersize lobster may be brought aboard any boat, placed in any type of receiver, kept on the person or retained in any person's possession or under his direct control; all lobsters shall be measured immediately upon being brought to the surface of the water, and any undersize lobster shall be released immediately into the water.
(d) Report Card Required: Any person fishing for or taking spiny lobster shall have in their possession a nontransferable Spiny Lobster Report Card issued by the department and shall adhere to all reporting requirements for lobster defined in Sections 1.74 and 29.91, Title 14, CCR. 
(e) Spiny lobsters shall be kept in a whole, measurable condition, until being prepared for immediate consumption. 
NOTE

Authority cited: Sections 200, 202, 205, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 210 and 220, Fish and Game Code. 
HISTORY

1. Amendment of subsection (a) and Note filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
2. New subsection (d) filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
3. New subsection (e) filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§29.91. Spiny Lobster Report Card Requirements for Ocean Waters (FG 685, See Section 701).
Note     •     History

(a) Spiny Lobster Report Card Required. All individuals must have a Spiny Lobster Report Card in their possession while fishing for or taking lobster. In the case of a person diving from a boat, the report card may be kept in the boat, or in the case of a person diving from the shore, the report card may be kept within 500 yards from the point of entry. Individuals must complete and return the card pursuant to regulations in this Section and in Section 1.74. 
(b) Prior to beginning fishing activity, the cardholder must record the month, day, location, and gear code on the first available line on the report card. 
(c) When the cardholder moves to another location code, or finishes fishing for the day, he or she must immediately record on the card the number of lobster kept from that location. 
(d) In the event an individual fills in all lines and returns a Spiny Lobster Report Card, an additional card may be purchased. See Section 1.74. 
(e) The annual fee for the Spiny Lobster Report Card is specified in Section 701, Title 14, CCR. 
NOTE

Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202 and 205, Fish and Game Code. 
HISTORY

1. New section filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
NON-COMMERCIAL USE OF MARINE PLANTS
§30.00. Kelp General.
Note     •     History

(a) Except as provided in this section and in Section 30.10 there is no closed season, closed hours or minimum size limit for any species of marine aquatic plant. The daily bag limit on all marine aquatic plants for which the take is authorized, except as provided in Section 28.60, is 10 pounds wet weight in the aggregate.
(b) Marine aquatic plants may not be cut or harvested in state marine reserves. Regulations within state marine conservation areas and state marine parks may prohibit cutting or harvesting of marine aquatic plants per subsection 632(b).
NOTE

Authority cited: Section 6750, Fish and Game Code. Reference: Section 6750, Fish and Game Code.
HISTORY

1. New section filed 5-9-84; effective thirtieth day thereafter (Register 84, No. 19).
2. Amendment of subsection (b) filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
§30.10. Prohibited Species.
Note     •     History

No eel grass (Zostera), surf grass (Phyllospadix) or sea palm (Postelsia) may be cut or disturbed.
NOTE

Authority cited: Section 6750, Fish and Game Code. Reference: Section 6750, Fish and Game Code.
HISTORY

1. New section filed 5-9-84; effective thirtieth day thereafter (Register 84, No. 19).
Chapter 5. Native Reptiles and Amphibians

(See Species Regulations Regarding Bullfrogs)
§40. General Provisions Relating to Native Reptiles and Amphibians.
Note     •     History

(a) General Prohibition It is unlawful to capture, collect, intentionally kill or injure, possess, purchase, propagate, sell, transport, import or export any native reptile or amphibian, or part thereof, except as provided in this chapter, Chapter 2 of this subdivision relating to sportfishing and frogging, sections 650, 670.7, or 783 of these regulations, or as otherwise provided in the Fish and Game Code or these regulations.
(b) For the purposes of this section, “intentionally kill or injure” does not include death or injury that occurs incidental to an otherwise lawful activity. This section does not prohibit the capture, temporary collection or temporary possession of native reptiles and amphibians done to avoid mortality or injury in connection with such activities. The live capture and release of native reptiles and amphibians done to avoid such death or injury may occur only with the department's written approval.
(c) Except for dried or processed reptile skins, it is unlawful to display, in any place of business where pets or other animals are sold, native reptiles or amphibians which cannot lawfully be sold.
(d) Progeny resulting from pregnant native reptiles or amphibians collected from the wild must be transferred to another person or to a scientific or educational institution within 45 days of birth or hatching. Persons receiving such progeny shall comply with the bag and possession limits specified in sections 5.05 and 5.60.
(e) Reptiles or amphibians which have been in captivity, including wild-caught and captively-bred individuals or offspring, shall not be released into the wild without the written approval of the department.
(f) Biological Supply Houses and Exempt Organizations.
(1) Biological Supply Houses. The department may issue permits to owners of biological supply houses to sell native reptiles and amphibians to scientific or educational institutions, pursuant to Section 651.
(2) Organizations and Schools Exempt from Permit. Institutions or organizations engaged in bona fide scientific study of native wildlife, whose specimens are readily available for use or viewing by the public at large on a regular basis, and government accredited schools that are open to the public may possess, accept donations of, or exchange, purchase or sell between organizations, native reptiles and amphibians without a permit.
NOTE

Authority cited: Sections 5061 and 6896, Fish and Game Code. Reference: Sections 5061 and 6896, Fish and Game Code.
HISTORY

1. New section filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
2. Amendment filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§40.00. Protected Amphibians. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205-210 and 220, Fish and Game Code.
HISTORY

1. Renumbering of chapter 5 to chapter 7 and new chapter 5 (sections 40.00 through 40.15, not consecutive) filed 1-16-74; designated effective 3-1-74 (Register 74, No. 3).
2. Amendment of NOTE filed 12-31-80; effective thirtieth day thereafter (Register 81, No. 1).
3. Repealer of chapter 5 (sections 40.00-40.15, not consecutive) and new chapter 5 (sections 40.00-40.15, not consecutive) filed 2-17-82; designated effective 3-1-82 (Register 82, No. 8). For prior history, see Register 79, No. 1.
4. Amendment of chapter 5 heading and repealer and new section 40.00 filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
5. Amendment of undesignated introductory paragraph and NOTE filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
6. Editorial correction of printing error in first paragraph (Register 91, No. 31).
7. Amendment of section and Note filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
8. Repealer filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
§40.05. Amphibians Except Protected Amphibians. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205-210, 215 and 218-221 and 2050-2055, Fish and Game Code.
HISTORY

1. Amendment of subsections (a), (c) and (e) filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. New subsection (f) filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8). 
3. New subsection (e)(3) and amendment of subsection (e)(1) and Note filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
4. Repealer filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
§40.10. Protected Reptiles. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205-210, 215 and 218-221, Fish and Game Code.
HISTORY

1. Repealer and new section filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. Editorial correction of subsection (r) filed 3-15-83 (Register 83, No. 12). 
3. Amendment of subsection (b) filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
4. Amendment of section and Note filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
5. Repealer filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
§40.15. Reptiles Except Protected Reptiles. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205-210, 215 and 218-221, Fish and Game Code.
HISTORY

1. Repealer and new section filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).
2. Editorial correction of subsection (e)(2) filed 3-15-83 (Register 83, No. 12).
3. Amendment of subsection (e)(2) filed 7-1-83; effective thirtieth day thereafter (Register 83, No. 27).
4. Amendment of subsections (a)(1) and (e)(2) filed 2-28-85 as an emergency; designated effective 3-1-85. Certificate of Compliance included (Register 85, No. 11).
5. Amendment of subsection (e)(2) filed 1-22-86; designated effective 3-1-86 (Register 86, No. 6). 
6. Amendment of subsection (c)(9) filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
7. Amendment of section and Note filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 10).
8. Repealer filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
§41. Protected Amphibians. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205, 206, 209, 210 and 220, Fish and Game Code.
HISTORY

1. New section filed 7-1-83; effective thirtieth day thereafter (Register 83, No. 27).
2. Amendment of subsection (b) and NOTE filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
3. Repealer and new section filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
4. Repealer filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§41.5. Amphibians Except Protected Amphibians. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205 and 220, Fish and Game Code.
HISTORY

1. New section filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
2. Repealer filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§41.7. Commercial Take and Use of Frogs for Human Consumption.
Note     •     History

No person shall for commercial purposes take, possess, sell, transport or export frogs for human consumption. This section shall not apply to frogs raised by registered aquaculturists or frogs imported into this state. Any person possessing frogs for human consumption, whether imported or purchased from a registered aquaculturist, shall maintain and keep receipts, waybills, or bills of lading dealing with the importation, purchase, or sale of frogs for a period of one year from the date of receipt of the frogs, and shall exhibit these on demand to any official of the department.
NOTE

Authority cited: Sections 6851 and 15005, Fish and Game Code. Reference: Sections 6850, 6851, 6852, 6854, 6855 and 15005, Fish and Game Code.
HISTORY

1. New section filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
§42. Protected Reptiles. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205, 206, 210, 215, 219 and 220, Fish and Game Code.
HISTORY

1. New section filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
2. Repealer filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§42.5. Reptiles Except Protected Reptiles. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205 and 220, Fish and Game Code.
HISTORY

1. New section filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
2. Repealer filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
§43. Captive Propagation and Commercialization of Native Reptiles.
Note     •     History

(a) Native Reptile Propagation Permit.
(1) Permit Required. Except for pet shops as provided in subsection 43(f), every person, who, for commercial purposes, sells, possesses, transports, imports, exports or propagates native reptiles pursuant to subsection 43(c), or who propagates native reptiles for noncommercial purposes pursuant to subsection 43(b), shall have a native reptile propagation permit that has not been revoked or suspended issued to that person. The permit or a legible copy of the permit shall be in the immediate possession of the permittee while native reptiles are being displayed to the public, taken, transported, or sold. The permit or a legible copy of the permit shall be kept where native reptiles are maintained. No permit is required for the purchase of subspecies of native reptiles authorized pursuant to subsection 43(c).
(2) Application. Application for a permit shall be made on Native Reptile Propagation Permit Application, FG 391B (8/02), which is incorporated by reference herein. Application forms are available from the Department of Fish and Game, License and Revenue Branch, 3211 S Street, Sacramento, California 95816; Telephone (916) 227-2244. The application form shall be completed in its entirety, including information on the species and/or subspecies proposed for propagation, the location of the rearing facility and other related information.
(3) Term of Permit. Permits issued under the provisions of this section shall be valid from January 1 through December 31 or, if issued after the beginning of such term for the remainder thereof.
(4) Denial. The department may deny a permit to any person who fails to comply with the provisions of a permit or any regulations pertaining to native reptiles. Any person denied a permit may request a hearing before the commission to show cause why his/her permit should be issued.
(5) Revocation. The commission, after proper notice and providing for an opportunity to be heard, may revoke or suspend a permit for a violation of the Fish and Game Code, or Title 14, CCR, or any federal law or regulation pertaining to reptiles.
(6) Permit Fee. The permit fee shall be the basic fee set forth in subsection 699(b), Title 14, California Code of Regulations. This fee shall be annually adjusted pursuant to Sections 713 of the Fish and Game Code.
(7) Albino Native Reptiles. Albino reptiles are defined as individual native reptiles lacking normal body pigment and having red or pink eyes. No permit is required for the possession, propagation, importation, exportation, transportation, purchase or sale of captively-bred native albino reptiles or amphibians. The provisions of section 5.60 apply to the taking and possession of albino native reptiles from the wild.
(b) Non-commercial Propagation. The department may authorize the possession and propagation of no more than three species and no more than 30 individuals in the aggregate including progeny under a native reptile propagation permit. Within the overall limit of 30 individuals, the department may authorize no more than four of any one species to be taken from the wild. Individuals may be taken only by the methods authorized by section 5.60. Native reptiles possessed pursuant to this subsection may not be purchased or sold.
(c) Propagation and Possession for Commercial Purposes. Native reptiles may not be sold, possessed, transported, imported, exported or propagated for commercial purposes, except as provided in Section 40(f) and except as follows:
(1) Subspecies Authorized. Pursuant to the provisions of this section, only the following subspecies may be sold, possessed, transported, imported, exported or propagated for commercial purposes:
(A) California common kingsnake (Lampropeltis getulus californiae);
(B) California subspecies of the gopher snake (Pituophis melanoleucus): Great Basin gopher snake (Pituophis melanoleucus deserticola), Pacific gopher snake (Pituophis melanoleucus catenifer), San Diego gopher snake (Pituophis melanoleucus annectens), and Sonora gopher snake (Pituophis melanoleucus affinis);
(C) California subspecies of the rosy boa (Lichanura trivirgata); Coastal rosy boa (Lichanura trivirgata roseofusca) and Desert rosy boa (Lichanura trivirgata gracia).
(2) Bill of Sale. All animals sold pursuant to this section must be accompanied by a numbered bill of sale which shall contain the name and permit number of the permittee, the complete scientific name of each native reptile sold and the name and address of the buyer. A copy of the bill of sale shall be retained by the buyer.
(d) Addition or Removal of reptiles authorized for commercial propagation. The following information shall accompany a request to add or remove a reptile to the list that may be commercially propagated: 
A review of scientific literature documenting the population status of the species in California 
(1) Caging and care guidelines for the animal in captivity. 
(2) Analysis of the effects of broodstock collection methods on wild populations. 
(3) Analysis of the effects on wild reptile populations of released or escaped reptiles bred under this program. 
(4) Evaluation of the commercial market for the proposed species. 
(e) Limits. except as otherwise authorized, no person shall take or possess native reptiles taken from the wild in excess of the bag and possession limits specified in section 5.60. There are no possession limits for captively-bred native reptiles authorized by subsection 43(c) for persons possessing a native reptile propagation permit or for which the person has a bill of sale as required in subsection 43(c)(2).
(f) Pet Shops.
(1) Defined. A “pet shop” means a permanent place of business, licensed by a city or county, that is open to the public and maintains normal business hours, where pet animals are kept for retail sale. An “owner or operator” means the person who owns or is in charge of the pet shop.
(2) Exemption. Pet shop owners or operators or their employees or agents, are not required to obtain a native reptile propagation permit to purchase, transport directly from the point of purchase to the pet shop, possess or resell native reptiles purchased from a permittee pursuant to subsection 43(c). This exemption applies only to native reptiles sold by the pet shop from the premises of the pet shop.
(3) Records of Purchases. The owner or operator of a pet shop shall retain a legible copy of the bill of sale at the pet shop for each native reptile acquired while the animal is at the pet shop and for two years thereafter. The bill of sale shall contain the name and permit number of the native reptile and amphibian permittee from which the animals were purchased or acquired, the date acquired and the scientific name and number of each subspecies of animals acquired.
(4) Records of Sales. Each native reptile sold by pet shops shall be accompanied by a numbered bill of sale which shall contain the name and address of the pet shop, the date sold and the scientific name and number of each subspecies sold. A copy of the bill of sale shall be retained at the pet shop for two years from the date of sale.
(5) Effect of Violation. No native reptiles shall be sold from any pet shop whose owner or operator, or any employee or agent selling native reptiles from the pet shop, has been convicted of a violation pertaining to native reptiles within the previous three years.
(g) Humane Care and Treatment. Permittees shall comply with the following provisions:
(1) Enclosures. The perimeter of the enclosure for snakes 33 inches or less shall be 1.5 times the length of the snake. The perimeter of the enclosure for snakes more than 33 inches in length shall be 1.25 times the length of the snake. The perimeter shall be measured on the inside of the top edge of the enclosure. Snakes may be kept in smaller cages or containers for 31 days from the date of birth or hatching and while being transported or displayed at trade shows. All enclosures shall be adequately ventilated. The substrate shall facilitate the ability to maintain a clean and healthy environment for each animal.
(2) Food. Food shall be wholesome, palatable and free from contamination and shall be supplied in sufficient quantity and nutritive value to maintain the animal in good health.
(3) Water. Potable water must be accessible to the animals at all times or provided as often as necessary for the health and comfort of the animal. All water receptacles shall be clean and sanitary.
(4) Cleaning of enclosures. Excrement shall be removed from enclosures as often as necessary to maintain animals in a healthy condition.
(5) Disinfection of enclosures. After an animal with an infectious or transmissible disease is removed from an enclosure, that enclosure shall be disinfected.
(6) Pest control. Programs of disease prevention and parasite control, euthanasia and adequate veterinary care shall be established and maintained by the permittee.
(7) Observation. Animals shall be observed at least twice a week by the permittee or once a week if the animals are in hibernation. Sick, diseased, stressed, or injured animals shall be provided with care consistent with standards and procedures used by veterinarians or humanely destroyed.
(8) Handling. Animals shall be handled carefully so as not to cause unnecessary discomfort, behavioral stress, or physical harm to the animal.
(h) Records. Every permittee shall keep accurate accounting records for three years in which all of the following shall be recorded:
(1) The complete scientific name and number of all native reptiles purchased, received, sold, delivered, taken and possessed.
(2) The person from whom the native reptiles were purchased or received.
(3) The person to whom the native reptiles were sold or delivered.
(4) The date the native reptiles were purchased, received, sold, delivered or taken.
(5) The price paid or received.
(6) The dates and numbers of eggs laid.
(7) The dates and numbers of births or hatchings.
(i) Annual Report Requirement. A copy of the records required in subsection 43(h) shall be submitted to the department by December 31 of each year. No permit shall be renewed unless the records or a signed statement that no species and/or subspecies of native reptiles were purchased, received, sold, delivered, taken or possessed during the year is submitted.
(j) Confidentiality of Records. The information required in subsections 43(h)(2), (3), and (5) contained in the records and reports filed with the department pursuant to subsection 43(i) shall be confidential and shall not be disclosed to the public.
(k) Inspection. The department may enter the premises of any permittee where reptiles are maintained, or reasonably may be maintained, at any reasonable hour to inspect reptiles, and enclosures and to inspect, audit or copy records and receipts required by this section. Refusal to allow an inspection may be grounds for revocation of the permit by the Commission.
NOTE

Authority cited: Sections 200, 202, 205, 220, 5061 and 6896, Fish and Game Code. Reference: Sections 200, 202, 205, 220, 5061 and 6896, Fish and Game Code.
HISTORY

1. New section filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
2. Amendment of subsection (j) and Note filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
3. Amendment of section heading and section filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9). 
Chapter 5.5. Fishery Management Plans
Article 1. Fishery Management Plans Generally
§50.00. Application and Location of Fishery Management Plan Regulations, and Designation of Weight in Pounds.
Note     •     History

(a) Unless specified otherwise in a fishery management plan, or regulations adopted to implement a fishery management plan, the provisions of Article 1, Chapter 5.5, of Subdivision 1 apply to a fishery management plan (FMP) adopted by the Fish and Game Commission under authority of the Marine Life Management Act (MLMA) and other applicable state and federal laws and regulations.
(b) A regulation implementing a fishery management plan that is applicable to both sport and commercial fisheries is found in this Chapter.  A fishery management plan regulation that is specific to ocean sport fishing is found with ocean sportfishing regulations in Chapter 4 of Subdivision 1, beginning with Section 27.00.  A fishery management plan regulation specific to commercial fishing is found with commercial fishing regulations in Chapter 6 of Subdivision 1 beginning with Section 100.
(c) The presentation of fisheries and population data will be made using weight in pounds as the standard, unless designated otherwise in regulations adopted specific to a fishery management plan.
NOTE

Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071 and 7075, Fish and Game Code.
HISTORY

1. New article 1 (sections 50.00-50.03) and section filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
§50.01. Definitions.
Note     •     History

Definitions contained in Chapter 1 of Subdivision 1, Division 1, Title 14, CCR, and Chapters 1 and 2 of Division 0.5 of the Fish and Game Code, apply to fishery management plans adopted under this Chapter in addition to, and where not in conflict with, the definitions of this section or definitions specific to an FMP.
(a) Allowable Biological Catch (ABC) means the allowable catch, or the range of allowable catch for a species or species group, which is set each year by the Commission based on recommendations by the Department or other scientific advisors.
(b) Allocation means apportioning a harvest guideline, quota, or optimum yield between or among segments of the fishery.
(c) Bait net means a lampara or roundhaul type net, the mesh of which is constructed of twine not exceeding Standard No. 9 medium cotton seine twine or synthetic twine of equivalent size or strength. Except for drum seines and other round haul nets authorized under a permit issued by the department pursuant to Fish and Game Code Section 8780, the nets may not have rings along the lead line or any method of pursing the bottom of the net.
(d) Commission means the California Fish and Game Commission.
(e) Department means the California Department of Fish and Game.
(f) Director means the Director of the Department of Fish and Game.
(g) Executive Director means the Executive Director of the Fish and Game Commission.
(h) FMP means Fishery Management Plan.
(i) FMP Framework/Framework structure means the structure and process described in the FMP that provides for the application and adjustment of management measures pursuant to section 50.03 within the scope and criteria of the FMP and implementing regulations, without the need to annually amend the FMP.
(j) Harvest Control Rules means options for management that describe the amount and type of harvesting that may be applied to a stock or stocks.
(k) Harvest guideline means a specified numerical harvest objective that, when attained or expected to be attained, does not require closure of a fishery.
(l) Management action means an action taken by the commission or department to implement management measures.
(m) Management measure means a specification or measure used to manage and regulate fishing for a stock under an FMP and may include, but is not limited to, resource allocation, harvest control rules, quotas, licenses and permits, season, size, gear, bag, and landing limitations, fishery monitoring and reporting requirements, regulation of bycatch, and enforcement measures.
(n) Maximum sustainable yield or MSY means maximum sustainable yield as defined in Fish and Game Code Section 96.5 or a substitute for MSY (MSY proxy).
(o) Optimum yield or OY means optimum yield as defined in Fish and Game Code Section 97 or a substitute for OY.(OY proxy).
(p) Permit year means the period from April 1 through March 31.
(q) Quota means a specified numerical harvest objective for the attainment (or expected attainment) of which may cause closure of the fishery.
(r) Round weight means the weight of fish in a whole condition at the time it is caught prior to being cleaned or dressed.
(s) Round-weight equivalent means the weight of fish in a cleaned or dressed condition adjusted by a factor to approximate round weight.
(t) Routine management measure means a management measure that is likely to be adjusted on a biennial, annual or more frequent basis and is categorized as routine in the plan following an analysis of the need for the measure, its impacts, and the rationale for its use.
(u) Socioeconomic process means a process authorizing the commission to apply or adjust management measures pursuant to section 50.03 for a species annually or in season based on social or economic factors following preparation of a report including proposed management measures, a description of alternatives considered, and an analysis that addresses five criteria including how the action will accomplish at least one of 15 listed benefits to the fishery.
(v) Specification means a numerical or descriptive designation of a management objective, including but not limited to: Allowable Biological Catch (ABC); harvest guideline; quota; allocation; or an allocation for a segment of the fishery or area, gear, season, fishery, or other subdivision.
(w) Stock means any species, species complex, population, or subpopulation that is actively managed within a geographic area.
(x) Weight means the weight is in pounds and round weight or round-weight equivalent, unless designated otherwise in regulations adopted specific to a fishery management plan.   Where round weight is converted to number of fish, a conversion factor shall be based on the most current information readily available to the department.
NOTE

Authority cited: Section 7071, Fish and Game Code. Reference: Section 7071, 7075 and 7083, Fish and Game Code.
HISTORY

1. New section filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
§50.02. Plan Amendment.
Note     •     History

(a) The following actions shall first require amendment of a Fishery Management Plan (FMP):
(1) change to a management objective;
(2) change of species in the management plan;
(3) change in the definition of an overfished stock as defined in the FMP;
(4) amendment to any procedure required by the FMP; and
(5) revision to any management measure which is fixed in the FMP.
NOTE

Authority cited: Sections 7071 and 7075, Fish and Game Code. Reference: Sections 7071, 7075, 7078, 7086 and 7087, Fish and Game Code.
HISTORY

1. New section filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
§50.03. Framework Review Processes.
Note     •     History

(a) Two processes for taking management action are available to implement routine annual changes in management of fish stocks and fisheries within the Framework Review Process. 
(1) Rulemaking Action: The commission may conduct a rulemaking action pursuant to the Administrative Procedure Act including holding at least two or more commission meetings to hear, consider and approve measures affecting any aspect of management and fisheries, including direct allocation of a catch quota or an optimum yield, with adoption of regulations reflecting the commission's action.
(2) Prescribed action:  A prescribed action is ministerial and may include a fishing season or gear closure when a harvest quota has been achieved or include other actions to meet sustainable management goals when the prescribed action is nondiscretionary and specifically provided for in existing regulation such that no further rulemaking under Subsection (a)(1) is required.
(b) Nothing in this section precludes the Director from exercising authority to take emergency action pursuant to Fish and Game Code Section 7710, or of the commission to take emergency regulatory action under Section 11346.1 of the Government Code, or under Section 240 of the Fish and Game Code.
NOTE

Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code. 
HISTORY

1. New section filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
Article 2. White Seabass Fishery Management Plan
§51.00. Purpose and Scope.
Note     •     History

(a) This Article implements the White Seabass Fishery Management Plan (WSFMP or plan), as adopted and amended by the California Fish and Game Commission consistent with the goals, objectives and procedures of the WSFMP and the Marine Life Management Act of 1998.  These regulations, in combination with other applicable provisions of the Fish and Game Code and Title 14, CCR, govern management and regulation of white seabass stocks and fisheries.
(b) A regulation implementing this fishery management plan that is applicable to both sport and commercial fisheries is found in this Chapter.  A fishery management plan regulation that is specific to ocean sport fishing is found with ocean sportfishing regulations in Chapter 4 of Subdivision 1, beginning with Section 27.00.  A fishery management plan regulation specific to commercial fishing is found with commercial fishing regulations in Chapter 6 of Subdivision 1 beginning with Section 155.
NOTE

Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7070, 7071 and 7075, Fish and Game Code.
HISTORY

1. New article 2 (sections 51.00-51.05) and section filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
§51.01. Definitions.
Note     •     History

These definitions are in addition to those definitions specified in Section 50.01.
(a) Fishing year under the White Seabass Management Plan means the period from September 1 through August 31.
(b) Overfished stock means that the total annual commercial catch of white seabass in pounds reported landed on fish receipts provided to the department for the past two consecutive years declined each year by 20 percent or greater from the prior five-year average of landings, a 20 percent decline occurs in the number of fish and average size of fish (round weight) for the same two consecutive years for white seabass caught in the sport fishery as determined based on best available data, and recruitment indices for juvenile white seabass decline each year by 30 percent or greater from the prior 5-year average of recruitment.  This definition will remain in use until the White Seabass Scientific and Constituent Advisory Panel (WSSCAP) develops, and the commission adopts by regulation, a different definition [required by Fish and Game Code Subsection 7086(a)].
(c) Point of concern means one or more of the following conditions affecting white seabass that, if found or expected to exist, may trigger the application or adjustment of one or more management measures by the commission.
(1) catch is expected to exceed the current harvest guideline or quota;
(2) any adverse or significant change in the biological characteristics of white seabass (age composition, size composition, age at maturity, or recruitment) is discovered;
(3) an overfishing condition exists or is imminent;
(4) any adverse or significant change in the availability of a managed species' forage for dependent species or in the status of a dependent species is discovered;
(5) new information on the status of white seabass;
(6) an error in data or a stock assessment is detected that significantly changes estimates of impacts due to current management.
(d) Points of concern process means a process authorizing the commission to apply or adjust fishery management measures at any time during the year based on confirmation of the existence of one or more resource-based points of concern identified in a fishery management plan pursuant to Subsections 50.03(a)(1) and (2).
(e) Socio-economic benefits means one or more social or economic issues as specified in the FMP affecting white seabass that, if found or expected to exist, may trigger the application or adjustment of one or more management measures by the commission pursuant to Section 50.03.
(f) White seabass means Atractoscion nobilis.
(g) White seabass fishery means fishing for or harvesting of white seabass inside and outside of California by vessels subject to California law.
(h) White Seabass Fishery Management Plan means the White Seabass Fishery Management Plan approved by the Fish and Game Commission on April 4, 2002, which is hereby incorporated by reference except for 5.3.2B and 5.3.3.
NOTE

Authority cited: Sections 7071 and 7086, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7086, Fish and Game Code.
HISTORY

1. New section filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
§51.02. Process and Timing.
Note     •     History

(a) White seabass management will conform with the goals, objectives, criteria, and procedures of the White Seabass Fishery Management Plan and other applicable laws and regulations, including the points of concern, socioeconomic, and framework review processes.
(b) The director may appoint a White Seabass Scientific and Constituent Advisory Panel (WSSCAP) to assist the department and commission with review of white seabass fishery assessments, management proposals, and plan amendments.  Membership on the WSSCAP should be reserved for those knowledgeable in the principals of fisheries science, including stock assessment, and/or those interested in, and involved with, white seabass resource and fisheries.  The director may by regulation determine the terms and conditions of membership on the WSSCAP.
(c) Monitoring and assessment of white seabass fisheries shall be conducted annually utilizing best available data, but at a minimum, the collection and review of reported catches.  The department will provide management recommendations to the commission annually, and in-season if needed, based on criteria to be developed by the department's White Seabass Management Team in cooperation with the White Seabass Scientific and Constituent Advisory Panel, for approval by the commission by regulation.
(d) When acting to adjust management of a species within a fishery management unit based on non-biological and socioeconomic issues, the commission will follow the process specified in the fishery management plan and Section 50.03.
(e) Annual specifications and management measures are generally developed in the fall and considered and adopted at two commission meetings held during the period from November through April depending on the timing and complexity of the issues. However, management measures and actions may be developed, considered, adopted, and implemented at any time of year according to the criteria and procedures of the points of concern process.
NOTE

Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code.
HISTORY

1. New section filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
§51.04. Allocation.
Note     •     History

(a) Allocation of an annual white seabass harvest between recreational and commercial fisheries will be determined consistent with options specified in the White Seabass Fishery Management Plan. 
(b) The commission shall consider at least the following factors in the allocation of white seabass:
(1) present participation in and dependence on the fisheries, including alternative fisheries;
(2) historical fishing practices in, and historical dependence on, the fisheries;
(3) the economics of the fisheries;
(4) any agreement between the affected participants in the fisheries; 
(5) potential biological impacts on white seabass, associated species or their habitats affected by the allocation; and
(6) consistency with the goals and objectives of this WSFMP and the MLMA.
NOTE

Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code.
HISTORY

1. New section filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
§51.05. Harvest Control Rules.
Note     •     History

(a) Harvest control rules adopted pursuant to Section 50.03 that specify either status quo management or the pounds of white seabass that may be taken annually shall be selected by the commission from options provided in the White Seabass Fishery Management Plan (WSFMP) as follows:
Option B2: The MSY proxy is computed as approximately 40 percent of the estimated pristine stock size (40 million pounds) modified by natural mortality (0.1).  The MSY proxy is then adjusted downward by multiplying by 0.75 to obtain the OY of 1.2 million pounds.
(b) The commission may use any combination of management measures to meet an annual OY for white seabass.
NOTE

Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code; Section 5.6, White Seabass Fishery Management Plan.
HISTORY

1. New section filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
Article 3. Nearshore Fishery Management Plan
§52.00. Purpose and Scope.
Note     •     History

(a) This Article implements the Nearshore Fishery Management Plan (Nearshore FMP or plan), as adopted by the California Fish and Game Commission (Commission) consistent with the goals, objectives and procedures of the Nearshore FMP and the Marine Life Management Act of 1998, and applicable federal groundfish regulations. These regulations, in combination with other applicable provisions of the Fish and Game Code, Title 14, California Code of Regulations (CCR), and federal groundfish regulations, govern management and regulation of nearshore fish stocks and fisheries. 
(b) Regulations adopted by the commission specific to sport fishing for nearshore fish stocks are included with ocean sport fishing regulations in Chapter 4, beginning with Section 27.00, Title 14, CCR. A regulation specific to commercial fishing for nearshore fish stocks is included with commercial fishing regulations in Chapter 6, beginning with Section 150, Title 14, CCR. 
NOTE

Authority cited: Sections 7071 and 8587.1, Fish and Game Code. Reference: Sections 7070, 7071, 7075, 7078, 7083 and 8587.1, Fish and Game Code. 
HISTORY

1. Amendment of article heading and new section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).
§52.01. Definitions.
Note     •     History

(a) Definitions for nearshore fish stocks, nearshore fisheries, and nearshore waters are included in Section 1.90, Title 14, CCR. 
(b) Allocation means assignment of an amount of catch to different sectors of a fishery. 
(c) Cape Mendocino for purposes of describing the boundary of fishery management areas means a point on the mainland shore at 40 degrees 10 minutes north latitude. 
(d) Council means Pacific Fishery Management Council [see subdivision (k) below]. 
(e) Fishery Control Rule means specified approaches to determining the amount and type of catch allowed in a fishery. 
(f) National Marine Fisheries Service or NMFS means the National Marine Fisheries Service in the United States Department of Commerce. 
(g) Nearshore Fishery Management Plan (Nearshore FMP) means sections 1 and 2 of the Nearshore Fishery Management Plan approved by the Commission on August 29, 2002, hereby incorporated by reference except for the “notice actions” process described in section 1, page 1-14. 
(h) Nearshore Rockfish means black rockfish (Sebastes melanops), black-and-yellow rockfish (Sebastes chrysomelas), blue rockfish (Sebastes mystinus), brown rockfish (Sebastes auriculatus), calico rockfish (Sebastes dallii), California scorpionfish (Scorpaena guttata), China rockfish (Sebastes nebulosus), copper rockfish (Sebastes caurinus), gopher rockfish (Sebastes carnatus), grass rockfish (Sebastes rastrelliger), kelp rockfish (Sebastes atrovirens), olive rockfish (Sebastes serranoides), quillback rockfish (Sebastes maliger), treefish (Sebastes serriceps). 
(i) Overfished is defined at Section 97.5 of the Fish and Game Code, and in the Nearshore FMP also means a population that falls below the threshold of 30% of the estimated unfished biomass. 
(j) Overfishing is defined at Section 98 of the Fish and Game Code, and in the Nearshore FMP also means that the total catch of a nearshore fish population exceeds the Total Allowable Catch in any year or season. 
(k) PFMC or Council means the Pacific Fishery Management Council established pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. 
(l) Quota means a specified numerical amount of landings (excluding discard mortality), the attainment (or expected attainment) of which may cause closure of the fishery. 
(m) Total Allowable Catch or TAC means a specified numerical amount of catch (including discard mortality), the attainment (or expected attainment) of which may cause closure of the fishery. In Stage I of the Nearshore FMP Fishery Control Rule, TAC is equivalent to a proxy for Optimum Yield as adopted in state or federal regulations; In Stages II and III, TAC is equivalent to Optimum Yield as adopted in state or federal regulations. 
(n) Unfished Biomass or Bunfished means an estimate of the biomass or population size that would exist if there had been no fishing in recent history (within several generations) of a fish population. 
(o) Definitions contained in Chapter 1, and Article 1 of Chapter 5.5, of Subdivision 1, Division 1, Title 14, CCR, and Chapters 1 and 2 of Division 0.5 of the Fish and Game Code, apply to the nearshore fishery in addition to definitions of this section. 
NOTE

Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7078, 7083 and 7086, Fish and Game Code. 
HISTORY

1. New section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).
§52.02. Process and Timing.
Note     •     History

(a) Management of nearshore fish stocks will conform with the goals, objectives, criteria, procedures, and Fishery Control Rule guidelines of the Nearshore Fishery Management Plan, and other applicable state and federal laws and regulations. 
(b) Monitoring and assessment of nearshore fisheries will be conducted annually, and, at a minimum, will include the collection and review of reported catches. The department will provide management recommendations to the commission annually, and in-season if a need is identified. 
(c) The director may establish and appoint members to advisory committees, including regional advisory committees (RACs), to assist the department with development and review of fishery assessments, management options and proposals, and plan amendments. 
(d) Management measures and actions may be developed, considered, adopted in compliance with the Administrative Procedure Act, and implemented at any time of year to achieve management plan goals and objectives, and may apply to any or all management areas, or portions of management areas at the discretion of the commission.
NOTE

Authority cited: Section 7071 and 7652, Fish and Game Code. Reference: Sections 7071, 7075, 7083 and 7652, Fish and Game Code. 
HISTORY

1. New section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).
§52.03. Nearshore Fishery Management Plan (Nearshore FMP) Project.
Note     •     History

(a) The Department's Recommended Proposed Project in the Nearshore FMP (Plan) involving a combination of Fishery Control Rules, Allocation, Regional Management, Marine Protected Areas (MPAs), Restricted Access, and other management measures described in the Nearshore FMP will be utilized in managing nearshore fisheries toward meeting goals and objectives of the Plan. 
(b) A fishery management measure may be selected and inserted instead of, or in addition to, measures included in the adopted Nearshore FMP Project where specified in statute or regulation.
NOTE

Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code. 
HISTORY

1. New section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).
§52.04. Regional Management.
Note     •     History

Four regional management areas (consistent with the Nearshore FMP's Alternative 5 for Recommended Regional Management) exist off California as follows: 
(1) North Coast Region: Nearshore waters between the California-Oregon border and a line extending due west true from a point on the mainland shore at 40 degrees 10 minutes north latitude near Cape Mendocino, Humboldt County, 
(2) North-Central Coast Region: Nearshore waters between a line extending due west true from a point on the mainland shore at 40 degrees 10 minutes north latitude near Cape Mendocino, Humboldt County, and a line extending due west true from Point Ano Nuevo, San Mateo County, 
(3) South-Central Coast Region: Nearshore waters between a line extending due west true from Ano Nuevo, San Mateo County, and a line extending due west true from Point Conception, Santa Barbara County, 
(4) South Coast Region: Nearshore waters between a line extending due west true from Point Conception, Santa Barbara County, and the U.S.-Mexico border.
NOTE

Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code. 
HISTORY

1. New section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).
§52.05. Allocation.
Note     •     History

(a) Allocation of a Total Allowable Catch (TAC) of nearshore fish populations between recreational and commercial sectors will be consistent with the recommended Nearshore FMP allocation approach approved by the commission, and, with regulations of the Department of Commerce for nearshore groundfish (50 CFR, Part 660) until transfer of fishery management authority, or other Federal authorization for allocation by the state, is attained for these species. 
(b) The commission will consider the following factors during a change in allocation: 
(1) present versus historical participation in the fishery 
(2) the economics of the fisheries 
(3) local community impacts 
(4) product quality and flow to the consumer 
(5) gear conflicts 
(6) non-consumptive uses 
(7) fishing efficiency, and 
(8) recreational versus commercial fishery factors. 
(c) Allocation by the state of a commission authorized TAC for nearshore fish stock will be based on the use of historical fishery information applied regionally, with constituent involvement, and based on a careful review of recreational and commercial landings information, and adopted in compliance with the Administrative Procedure Act. 
(d) Until regional management is phased-in, and regional fishery information required to implement the allocation methodology under subdivision (c) is available, allocation of state managed nearshore fish stocks will be based on the currently used ratio of recreational to commercial take for a species during the periods 1983 through 1989, and 1993 through 1999. 
NOTE

Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code. 
HISTORY

1. New section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).
§52.09. Take of Nearshore Rockfish, Fishery Closure.
Note     •     History

(a) Total Allowable Catch (TAC). Until the state has management authority for a species or species group included in the Nearshore FMP, the TAC of a species or species group will not exceed the amount specified in the Federal Register for that species or species group. 
(b) Mechanism for Fishery Closures. When the TAC for a species or species group included in the Nearshore FMP is exceeded or expected to be exceeded, the department may close the fishery at the time the TAC is reached or expected to be reached. 
(c) The department shall give the public and the commission no less than 10 days notice of any recreational fishery closure pursuant to this Section via a department news release. 
(d) The department shall give Nearshore Fishery Permit holders no less than 10 days notice of any commercial fishery closure pursuant to this Section via a notification letter sent to each permittee's address on file with the department. The department shall give the public and the commission no less than 10 days notice of any commercial fishery closure pursuant to this Section via a department news release. 
NOTE

Authority cited: Section 200, 202, 205, 7071 and 8587.1, Fish and Game Code. Reference: Sections 97, 7056, 7071, 7075, 7082 and 7083, Fish and Game Code. 
HISTORY

1. New section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).
§52.10. Take of Sheephead, Cabezon and Greenling.
Note     •     History

(a) Total Allowable Catches (TACs) and Allocations. Based on total allowable catches specified for each calendar year, catch may not exceed the following amounts:
(1) California sheephead. The statewide allowable catch of sheephead is 205,500 pounds, allocated as follows:
(A) The commercial fishery is allocated 75,200 pounds.
(B) The recreational fishery is allocated 130,300 pounds.
(2) Cabezon. The total statewide allowable catch of cabezon is 326,200 pounds, allocated as follows:
(A) The commercial fishery is allocated 127,200 pounds.
(B) The recreational fishery is allocated 199,000 pounds.
(3) Greenlings of the genus Hexagrammos. The total statewide allowable catch of greenlings is 121,900 pounds, allocated as follows:
(A) The commercial fishery shall be managed not to exceed, 55,400 pounds, the remaining amount after subtracting the recreational allocation from the TAC. The commercial fishery shall be closed or modified in-season pursuant to the rules in section 52.10(b) through 52.10(d).
(B) The recreational fishery is allocated 66,500 pounds.
(b) Mechanism for Fishery Closures. The department will estimate from the current trends in catch and using the best available scientific information the time at which any commercial or recreational fishery allocation or total allowable catch for sheephead, cabezon, or greenlings specified in subsection (a) will be reached. The department will close the fishery at the time the allocation or total allowable catch is reached or is projected to be reached prior to the end of the calendar year.
(c) The department shall give the public and the commission no less than 10 days notice of any recreational fishery closure pursuant to this Section via a department news release.
(d) The department shall give holders of nearshore fishery permits no less than 10 days notice of any commercial fishery closure pursuant to this Section via a notification letter sent to the permittee's address on file with the department. The department shall give the public and the commission no less than 10 days notice of any commercial fishery closure pursuant to this Section via a department news release.
NOTE

Authority cited: Sections 200, 202, 702, 7071 and 8587.1, Fish and Game Code. Reference: Sections 97, 205, 1802, 7056, 7071, 8585.5, 8586, 8587 and 8587.1, Fish and Game Code.
HISTORY

1. New chapter 5.5, article 3 (section 52.10) and section filed 5-23-2002; operative 5-23-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 21).
2. Editorial correction restoring inadvertently deleted section (Register 2003, No. 17).
3. Amendment filed 11-7-2003; operative 12-7-2003 (Register 2003, No. 45).
4. Amendment of subsections (a)(2)-(a)(2)(B) filed 3-1-2005; operative 3-31-2005 (Register 2005, No. 9).
5. Amendment of subsections (a)(2)-(a)(2)(B) and Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
6. Amendment of subsections (a)(3)-(a)(3)(B) filed 4-5-2012; operative 5-1-2012 pursuant to Government Code section 11343.4(c) (Register 2012, No. 14).
Article 4. Market Squid Fishery Management Plan
§53.00. Purpose and Scope.
Note     •     History

(a) This article implements the Market Squid Fishery Management Plan (Market Squid FMP) as adopted and amended by the California Fish and Game Commission (commission), consistent with the requirements of Part 1.7, commencing with Section 7050, and Article 9.7 of Chapter 2 of Part 3 of Division 6 of the Fish and Game Code (commencing with Section 8420). Regulations contained in Section 53.00 et seq. are consistent with the goals, objectives and procedures of the Market Squid FMP and applicable federal regulations for coastal pelagic species and the federal Coastal Pelagic Species Fishery Management Plan. These regulations, in combination with other applicable provisions of the Fish and Game Code, Title 14 of the California Code of Regulations, and federal regulations for coastal pelagic species, govern management and regulation of market squid stocks and fisheries. 
(b) A regulation implementing this fishery management plan that is applicable to both sport and commercial fisheries is found in this Article. Regulations adopted by the commission specific to recreational take and use of market squid are included with ocean sport fishing regulations in Chapter 4, beginning with Section 27.00, Title 14, CCR. Regulations specific to commercial fishing for market squid are included in Chapter 6, beginning with Section 149, Title 14, CCR. 
(c) Pursuant to Fish and Game Code Section 8429.7, Fish and Game Code sections 8420.5 to 8423.5, inclusive, and sections 8426 and 8427 are made inoperative. 
(d) Pursuant to Fish and Game Code Section 7071, Fish and Game Code Section 7852.2 is made inoperative as it applies to squid fishery permits. 
NOTE

Authority cited: Sections 7071, 7078, 8425 and 8429.7, Fish and Game Code. Reference: Sections 7070, 7071, 7075, 7078, 7083, 8420, 8425 and 8429.7, Fish and Game Code. 
HISTORY

1. New article 4 (sections 53.00-53.03) and section filed 3-28-2005; operative 3-28-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 13). 
§53.01. Definitions.
Note     •     History

(a) Brail gear, dip nets or scoop nets means any net attached to a rigid frame operated by hand or mechanical device deployed from the vessel to scoop fish or invertebrates. 
(b) Daily trip limit means a routine management measure which may be used to limit take of squid on a per-vessel basis within a calendar day. 
(c) Drum seine means a purse seine net which is stored, deployed and retrieved with the aid of a mechanized drum (reel) mounted on the stern of the vessel. 
(d) Egg escapement means the number or proportion of a female squid's lifetime supply of eggs that she is able to deposit, on average, before being taken in the fishery. 
(e) Egg escapement method means a management tool which may be used to determine whether the fleet is fishing above or below a predetermined sustainable level of exploitation. The method requires establishing a threshold value to ensure that an adequate number of eggs are deposited prior to harvest. 
(f) Fishing year or fishing season under the Market Squid FMP means the period April 1 though March 31. 
(g) Fishery Control Rules means specific management strategies such as seasonal catch limits, daily trip limits, area closures, time closures, and sustainable levels of egg escapement which provide for a sustainable market squid fishery. 
(h) Fleet capacity goal means an optimal number of vessels where the number of vessels matches the available squid resource. 
(i) Forage means the role of market squid in the food chain as a critical source of food for higher predators, including birds, fish and marine mammals. 
(j) Lampara means a rectangular net constructed with graduated mesh sizes, a definite bunt (bag), and fitted with floats. It is laid out by the fishing vessel in a circle and closed at least partially on the bottom by pulling the leadline in advance of the float line. 
(k) Light boat means a vessel engaged in the commercial taking or attempting to take market squid which uses bright lights to aggregate squid for commercial purposes including live bait. 
(l) Market squid means Loligo opalescens. 
(m) Market Squid Fishery Management Plan (Market Squid FMP) means Chapters 1 through 5 of the Market Squid Fishery Management Plan approved by the Commission on August 27, 2004, hereby incorporated by reference. 
(n) National Marine Fisheries Service, NMFS or NOAA Fisheries means the federal fisheries management agency which is contained in the United States Department of Commerce. 
(o) Overfished is defined at Fish and Game Code Section 97.5, and in the Market Squid FMP also means a condition that may exist when either the egg escapement threshold is not met, or catches of squid exceed any specified allowable level. 
(p) Overfishing is defined at Fish and Game Code Section 98, and in the Market Squid FMP also may mean that harvests of squid are occurring at times when either the egg escapement threshold is not being met, or catches are exceeding specified allowable levels. These catches may not be sustainable. 
(q) PFMC or Council means the Pacific Fishery Management Council established pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. 
(r) Point of concern means one or more of the following conditions affecting market squid that, if found or are expected to exist, may trigger the application or adjustment of one or more management measures by the commission: 
(1) Catch is projected to significantly exceed the current seasonal catch limitation. 
(2) Any adverse or significant change in the biological characteristics of the market squid (age composition, size composition, age at maturity, or recruitment) is discovered. 
(3) An overfished condition exists or is imminent (defined as when the egg-escapement method threshold is not realized in two consecutive years). 
(4) Any adverse or significant change in the availability of market squid as forage or in the status of a dependent species is discovered. 
(5) An error in data or a change to an indicator of stock status is detected that requires adjustment to fishery control rules to ensure sustainable resource management. 
(s) Points of concern process means a process authorizing the commission to apply or adjust fishery management measures at any time during the year based on the confirmation of the existence of one or more resource-based points of concern identified in a fishery management plan pursuant subsection 50.03(a), Title 14, CCR. 
(t) Purse seine means a rectangular net constructed with uniform mesh sizes, without a prominent bunt (bag), and fitted with floats. It is laid out with the end attached to a skiff while the deploying vessel encircles the squid. The end of the net is then brought up to the deploying vessel and is closed on the bottom by pulling a purse line (draw string) threaded through rings along the leadline, preventing the catch from escaping. 
(u) Round haul vessels mean those that employ the use of lampara, purse seine, and drum seine net gear to commercially harvest squid. 
(v) Seasonal catch limitation means an amount of allowable catch which may be taken within a designated geographic area in a fishing season, specified in short tons and excluding discard mortality. The attainment (or expected attainment) of this limit will cause closure of the directed commercial fishery as specified in regulation. 
(w) Tons means short tons, and is the standard unit of weight for purposes of describing catches and limits for the market squid fishery, notwithstanding subsection 50.00(c), Title 14, CCR. 
(x) Vessel capacity means the gross registered tonnage, as listed on a federal Coastal Pelagic Species permit or calculated from length, breadth and depth measurements provided on United States Coast Guard documentation papers. 
(y) Weekend closures mean a routine management measure which may be used to prohibit take of market squid during certain days of a week. 
(z) Definitions contained in Chapter 1, and Article 1 of Chapter 5.5, of Subdivision 1, Division 1, Title 14, CCR, and Chapters 1 and 2 of Division 0.5 of the Fish and Game Code apply to the market squid fishery in addition to definitions of this Section. 
NOTE

Authority cited: Section 7071, 7078 and 8425, Fish and Game Code. Reference: Sections 7071, 7075, 7078, 7083, 7086, 8420 and 8425, Fish and Game Code. 
HISTORY

1. New section filed 3-28-2005; operative 3-28-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 13). 
§53.02. Process and Timing.
Note     •     History

(a) Management of market squid stocks will conform to the goals, objectives, criteria, procedures, and Fishery Control Rule guidelines of the Market Squid FMP, and other applicable state and federal laws and regulations. 
(b) Periodic monitoring and assessment of squid fisheries will be conducted, and, at a minimum, will include the collection and review of reported catches. The department will provide management recommendations to the commission as needed, and in-season if a need is identified. 
(c) The director may establish and appoint members to an advisory committee to assist the department with development and review of fishery assessments, management options and proposals, and plan amendments. 
(d) Management measures and actions may be developed, considered, and adopted in compliance with the Administrative Procedure Act and implemented at any time of year to achieve management plan goals and objectives, and may apply to any or all management areas, or portions of management areas at the discretion of the commission. 
NOTE

Authority cited: Section 7071, 7078 and 8425, Fish and Game Code. Reference: Sections 7071, 7075, 7083, 7652, 8420 and 8425, Fish and Game Code. 
HISTORY

1. New section filed 3-28-2005; operative 3-28-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 13). 
§53.03. Market Squid Fishery Management Plan (Market Squid FMP) Project.
Note     •     History

(a) The Department's Recommended Proposed Project in the Market Squid FMP involves a combination of limitations on total harvest, regulation on the use of squid fishing gear (including lights), use of time closures to allow for periods of uninterrupted spawning, restricted access and other limits on the commercial fleet capacity, mechanisms to allow for adequate squid escapement, and area closures designed to minimize impact to sensitive non-target species and habitat. These management measures described in the Market Squid FMP will be utilized in managing the squid fishery toward meeting goals and objectives of the Market Squid FMP. 
(b) Other management measures as described in the Market Squid FMP, including but not limited to vessel trip limits, squid replenishment areas, seasonal closures, and marine protected areas may be used as needed to achieve the goals and objectives of the Market Squid FMP. 
(c) A fishery management measure may be adopted by the commission instead of, or in addition to, measures included in the adopted Market Squid FMP Project where specified in statute or state or federal regulation. 
(d) Consistent with the goals of the Restricted Access program, the Commission established a sixth permit class for Non-Transferable Market Squid Light Boat Permits in addition to the original five permit classes and an experimental permit class identified in the discussion of the program in the Market Squid Fishery Plan.
NOTE

Authority cited: Section 7071, 7078 and 8425, Fish and Game Code. Reference: Sections 7071, 7075, 7082, 7083, 8420 and 8425, Fish and Game Code. 
HISTORY

1. New section filed 3-28-2005; operative 3-28-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 13). 
2. New subsection (d) filed 2-13-2007; operative 2-13-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 7). 
Chapter 6. Fish, Commercial
§100. Abalone.
Note     •     History

Abalone may not be taken for commercial purposes.
NOTE

Authority cited: Sections 5521 and 5521.5, Fish and Game Code. Reference: Sections 5520, 5521, 5521.5 and 5522, Fish and Game Code.
HISTORY

1. Amendment of subsection (b)(1) filed 6-27-85; effective thirtieth day thereafter (Register 85, No. 26). For prior history, see Register 83, No. 40.
2. Amendment filed 12-21-90; operative 1-20-91 (Register 91, No. 4).
3. New subsection (g) and amendment of Note filed 8-2-93;  operative 9-1-93 (Register 93, No. 32).
4. Subsection (g) expired by its own terms 3-1-95 (Register 95, No. 11).
5. New subsection (g) and amendment of Note filed 2-1-96; operative 3-1-96 (Register 96, No. 5).
6. Amendment of subsection (g) and Note filed 5-22-97 as an emergency; operative 5-22-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-19-97 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (g) and Note refiled 9-8-97 as an emergency; operative 9-8-97 (Register 97, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-6-98 or emergency language will be repealed by operation of law on the following day.
8. Reinstatement of subsection (g) and Note as they existed prior to 5-22-97 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 17).
9. Amendment of first paragraph, repealer of subsections (a)-(g) and amendment of Note filed 4-22-98; operative 4-22-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 17).
§101. Possession of Sliced Abalone During Closed Season. [Repealed]
History

HISTORY

1. Repealer filed 10-17-67 as an emergency; designated effective 11-8-67 (Register 67, No. 42). For prior history, see Register 27, No. 4.
2. Certificate of Compliance--Section 11422.1, Gov. Code, filed 12-12-67 (Register 67, No. 50). 
§102. Abalone Processors Permit. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 7701, 7708, 8040, 8305.9, 8306.3, and 8306.8, Fish and Game Code. Reference: Sections 7700-7710.5 and 8300-8309, Fish and Game Code.
HISTORY

1. Amendment filed 6-8-78 as an emergency; effective upon filing (Register 78, No. 23). For prior history, see Register 75, No. 27.
2. Certificate of Compliance filed 8-1-78 (Register 78, No. 31).
3. Repealer filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§103. Common Names for Market Fish.
Note     •     History

(a) The following common names may be used as alternates for designated names:
(1) Pacific red snapper:
Sebastes entomelas (widow rockfish)
Sebastes flavidus (yellowtail rockfish)
Sebastes goodei (chilipepper)
Sebastes jordani (shorbelly rockfish)
Sebastes levis (cowcod)
Sebastes melanops (black rockfish)
Sebastes miniatus (vermillion rockfish)
Sebastes ovalis (speckled rockfish)
Sebastes paucispinnis (bocaccio)
Sebastes pinniger (canary rockfish)
Sebastes ruberrimus (yelloweye rockfish)
Sebastes rufus (bank rockfish)
Sebastes serranoides (olive rockfish) 
(2) Butterfish:
Anoplopoma fimbria (sablefish)
(b) The following common names may be used in lieu of the scientific name:
(1) Pacific ocean shrimp:
Pandalus jordani (shrimp) 
(2) Dungeness crab:
Cancer Magister (crab) 
(3) Pacific whiting:
Merluccius productus (Pacific hake)
NOTE

Authority cite: Section 8023, Fish and Game Code. Reference: Section 8023, Fish and Game Code.
HISTORY

1. New section filed 3-12-74 as an emergency; effective upon filing (Register 74, No. 11).
2. Certificate of Compliance filed 6-5-74 (Register 74, No. 23).
3. New subsection (b)(3) filed 3-17-78; effective thirtieth day thereafter (Register 78, No. 11).
4. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
5. Amendment of subsection (a)(1) filed 8-3-82; effective thirtieth day thereafter (Register 82, No. 32). 
§104. White Croaker Closure.
Note     •     History

It is unlawful to take white croaker under a commercial fishing license issued pursuant to section 7850 of the Fish and Game Code, in waters from 0 to 3 nautical miles from shore extending oceanward between a line extending 312 degrees magnetic from Point Vicente in Los Angeles County, and a line extending 166 degrees magnetic from Point Fermin in Los Angeles County. Pursuant to section 7715 of the Fish and Game Code, the provisions of this section shall become inoperative when the Director of the Department of Health Services determines that a health risk no longer exists and the Director of the Department of Fish and Game has been so notified. The Department shall fully notify the public of the reopening of these waters.
NOTE

Authority cited: Section 7715, Fish and Game Code. Reference: Section 7715, Fish and Game Code.
HISTORY

1. New section added 5-29-90 as an emergency; operative 5-29-90 (Register 90, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 09-26-90.
2. New section filed 9-24-90 as an emergency readoption; operative 9-24-90 (Register 90, No. 45). A Certificate of Compliance must be transmitted to OAL by 1-22-91 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-24-90 order including amendment transmitted to OAL 1-18-91 and filed 2-19-91 (Register 91, No. 12). 
4. Change without regulatory effect amending section filed 5-6-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 19).
§104.1. Central California Gillnet Fishery Closure.
Note     •     History

Except as provided in Fish and Game Code Section 8664.5(f), at no time may gill or trammel nets be used in ocean waters which are 60 fathoms or less in depth at mean lower low water, in the area between a line extending 261o true (245o magnetic) from the most westerly point of the west point of the Point Reyes headlands in Marin County to a line extending due west (270o true; 245o magnetic) from Point Arguello, Santa Barbara County.
NOTE

Authority cited: Section 702, Fish and Game Code. Reference: Sections 8664.5 and 8664.7, Fish and Game Code.
HISTORY

1. New section filed 10-17-2000 as an emergency; operative 9-13-2000 pursuant to Fish and Game Code section 8664.7 (Register 2000, No. 42). A Certificate of Compliance must be transmitted to OAL by 1-11-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-10-2001 as an emergency; operative 1-12-2001 pursuant to Fish and Game Code section 8664.7 (Register 2001, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-14-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 15).  
4. New section filed 4-11-2002; operative 4-26-2002 pursuant to Fish and Game Code section 8664.7 (Register 2002, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-26-2002 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-11-2002 order transmitted to OAL 7-29-2002 and filed 9-4-2002 (Register 2002, No. 36).
§105. Importation and Sale of Kelp Bass, Sand Bass, and Spotted Bass.
Note     •     History

Dead kelp bass, sand bass, and spotted bass, all of the genus Paralabrax, may be imported into this State for sale under the following regulations:
(a) If imported overland, all of the species mentioned above shall be tagged with metallic tags inscribed “California Department of Fish and Game” before entering this State.
(b) If imported by sea, all of the species mentioned above shall be tagged with metallic tags inscribed “California Department of Fish and Game” at the first point of landing in this State. Tags will not be furnished unless the request for tags is accompanied by a copy of the ship's entry papers and a certified copy of the fishing permit of the country of origin. The department reserves the right to refuse the issuance of tags if sufficient proof is not given to show that said species of fish were taken south of the international boundary between the United States and Mexico.
(c) A fee as specified in Section 705, for each tag order shall be paid to the department to cover administrative costs. 
NOTE

Authority cited: Section 8372, Fish and Game Code. Reference: Sections 2345 and 8372, Fish and Game Code.
HISTORY

1. New section filed 9-11-53, as an emergency; effective upon filing (Register 53, No. 16).
2. Amendment filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
3. Amendment of subsection (c) and nonsubstantive amendment of NOTE filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
4. Change without regulatory effect amending first paragraph and Note filed 8-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 35).
5. Amendment of subsection (c) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§105.1. Permits to Land California Caught Fish at Points Outside of California.
Note     •     History

The department may issue revocable permits to land fish caught from the waters of the Pacific Ocean within California at a point or place other than within this state under the following conditions:
(a) The applicant for a permit shall submit the fees and the completed application, as specified in Section 705, to the address listed on the application. 
(1) Name and address of operator of boat.
(2) Name and address of owner of boat.
(3) Name of boat.
(4) Fish and Game boat registration number.
(5) Commercial fishing license identification number of operator of boat. 
(6) Species of fish to be taken.
(7) Type of gear to be used.
(b) This permit may be suspended temporarily by the Director for a breach or violation of the terms of the permit by the holders thereof, their agents, servants, employees or any person acting under their direction and control. The commission shall be notified of any such suspension and subsequently may revoke or reinstate the permit or fix the period of its suspension after written notice to the permittee and after he has been afforded an opportunity to be heard.
Any person who has had his permit revoked or suspended by the commission may be required, upon application for a new or subsequent permit, to appear before the commission and demonstrate to its satisfaction that his use of such permit will be in the public interest.
(c) The permit shall contain a statement signed by the applicant that he has read, understands and agrees to be bound by all the terms of the permit.
NOTE

Authority cited: Sections 713, 1050, 7857 and 7891, Fish and Game Code. Reference: Sections 713, 1050, 7857 and 7891, Fish and Game Code.
HISTORY

1. Renumbering of section 657 to section 105.1 filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29). For prior history, see Register 68, No. 29.
2. Amendment of subsection (a) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
3. Change without regulatory effect amending subsection (a) and Note filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
4. Amendment of section and Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§105.5. Cooperation with State and Federal Fishery Observers.
Note     •     History

(a) Owners or operators of commercial fishing vessels permitted under regulations of the Commission, and commercial passenger fishing vessels licensed pursuant to Fish and Game Code Section 7920, will, as a condition of permit or license issuance, cooperate with Department or Federal fishery observers, or observers collecting data for the Department, when asked to carry and accommodate an observer on fishing trips at no charge to the sponsoring agency.
(b) If observer coverage of a trip is denied by the owner or operator of a vessel, the Department may require an explanation in writing from the owner or operator. This explanation shall be received by the Department within 15 days of written request by the Department for an explanation.
(c) The Department may request revocation of fishing permits or licenses to the Commission for denials that it deems to be uncooperative in nature, after first allowing the owner or operator to meet with the Manager of Marine Region, or his representative, to provide an explanation for the denial.
(d) The Department or Federal agency requesting cooperation under subsection (a) shall not require the vessel operator or owner to provide an observer with meals or a subsistence allowance on observed fishing trips, but shall accommodate the observer with regard to reasonable eating and working conditions and access to pertinent fishing information and fishery data while aboard the vessel.
(e) Failure to provide reasonable eating and working conditions or access to pertinent fishing information or fishery data to observers, or actions taken by a vessel owner or operator against an observer that is prohibited pursuant to subsection (f), on observed fishing trips may lead to revocation of the vessel's fishing permits or licenses issued under regulations of the Commission following the procedure outlined in subsections (b) and (c) above.
(f) To ensure that observer objectives may be reasonably and safely achieved, consistent with federal groundfish observer rules, it is unlawful for any person to do any of the following:
(1) forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with an observer,
(2) interfere with or bias the sampling procedure employed by an observer, including physical, mechanical, or other sorting or discarding of any catch before sampling,
(3) tamper with, destroy or discard an observer's collected samples, equipment, or personal gear, without the express consent of the observer,
(4) prohibit or bar by command, impediment, threat, coercion, or refusal of reasonable assistance, an observer collecting samples, making observations, or otherwise performing the observers duties,
(5) harass an observer by conduct that has sexual connotations, has the purpose or effect of interfering with the observer's work performance, or otherwise creates an intimidating, hostile or offensive environment,
(6) require, pressure, coerce, or threaten an observer to perform duties normally performed by crew members.
NOTE

Authority cited: Sections 1006, 7071, 7652, 7923, 8405.3 and 8591, Fish and Game Code. Reference: Sections 7055, 7056, 7058, 7071, 7923 and 8587, Fish and Game Code.
HISTORY

1. New section filed 9-12-2002 as an emergency; operative 9-12-2002 (Register 2002, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-10-2003 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2003, No. 9).
3. New section filed 2-27-2003; operative 2-27-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
§106. Permits to Commercially Take Shark and Swordfish Using Drift Gill Nets.
Note     •     History

(a) Permit Required.
(1) The owner or operator of a vessel using drift gill nets to take shark and swordfish pursuant to sections 8561-8570 of the Fish and Game Code shall have obtained a valid drift gill net shark and swordfish permit and shall be in possession of said permit when engaged in such activities.
(2) To Whom Issued. The department shall issue permits to the owner or operator of a currently registered vessel who has qualified for said permit pursuant to sections 8561-8570 of the Fish and Game Code. The applicant, if the holder of an expired drift gill net shark and swordfish permit, shall have complied with subsection (d) dealing with records during the preceding year.
(b) Limitations of Permit. Except as provided in section 8564 of the Fish and Game Code, no permit shall be valid for more than one vessel at one time.
(c) Cost of Permit. See section 8567 of the Fish and Game Code.
(d) Records. Pursuant to section 190 of these regulations, each permittee shall complete and submit an accurate record of all gill net fishing activities on a form (Gill and Trammel Net Log, DFG 174 (10/89), see Appendix A) provided by the department.
(e) Notification Procedure. The department shall notify permittees if the director, pursuant to section 8577 of the Fish and Game Code, closes the drift gill net shark and swordfish fishery or any area where the fishery is conducted. The department shall notify a permittee if his permit is suspended pursuant to section 8576 of Fish and Game Code. In either case, the department shall notify permittees by certified mail and by public announcement on VHF/Channel 16 between 0800 hours and 1000 hours during normal business days. Radio transmissions shall commence 48 hours prior to the effective date of a closure or permit suspension and shall continue for 24 hours after the effective date of such action. It shall be the responsibility of the permittee to daily monitor the named radio channel during the specified hours.
(f) A permittee may have any person serve in his place on the permittee's vessel and engage in fishing under his drift gill net shark and swordfish permit for not more than 15 calendar days in any one year, except as otherwise provided in section 8563(b) of the Fish and Game Code. A permittee shall notify the department's Los Alamitos office of such a substitution by certified letter or telegram to be received at the Los Alamitos office during normal business hours at least 24 hours prior to the commencement of the trip. Any notice sent in this regard shall include, but is not limited to:
(1) Name of the vessel;
(2) Name and commercial fishing license number of the substitute;
(3) Departure date and port for the trip;
(4) Termination date and port for the trip.
Conviction of a substitute permittee for a willful violation of any provision of Article 16 (commencing with section 8560) of chapter 2 or article 1 (commencing with section 8601), or article 5 (commencing with section 8680) of chapter 3, part 3, division 6 of the Fish and Game Code or any regulation adopted pursuant thereto, while operating under the substitute permit, shall be cause to revoke or suspend the permit issued pursuant to sections 8560-8583 of the Fish and Game Code.
(g) Conditions of Permit. Permit holders, their agents, servants, employees or those acting under their direction or control, shall comply with all applicable provisions of the Fish and Game Code relating to commercial fish and any regulations adopted pursuant thereto.
(h) Revocation of Permits. Any permit may be revoked or suspended by the commission, when requested by the department, upon a conviction for a willful violation of any provision of article 16 (commencing with section 8560) of chapter 2 or article 1 (commencing with section 8601) or article 5 (commencing with section 8680) of chapter 3, part 3, division 6 of the Fish and Game Code, or violation of any condition of the permit by the permittee or the permittee's agent, servant, employee or person acting under the permittee's direction or control.
NOTE

Authority cited: Sections 1050, 7857, 8394, 8561, 8577 and 8578, Fish and Game Code. Reference: Sections 8561-8570, Fish and Game Code.
HISTORY

1. New section filed 3-25-81; effective thirtieth day thereafter (Register 81, No. 13). 
2. New subsections (k) and (l) filed 10-9-81 as an emergency; effective upon filing (Register 81, No. 42).
3. Amendment of subsections (k) and (l) filed 10-28-81 as an emergency; effective upon filing (Register 81, No. 45). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-25-82.
4. Repealer of subsections (k) and (l) filed 1-27-82 as an emergency; effective upon filing (Register 82, No. 5). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-27-82.
5. New subsections (k), (l) and (m) filed 9-1-82 as an emergency; effective upon filing (Register 82, No. 36). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-30-82.
6. Editorial correction of subsection (f) filed 12-29-82 (Register 83, No. 1).
7. Repealer and new section filed 5-17-83; effective thirtieth day thereafter (Register 83, No. 21).
8. Amendment of subsection (e) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
9. Amendment of subsection (d) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
10. Amendment of subsection (a)(2), repealer of subsections (a)(3)-(a)(4)(B), amendment of subsection (b), repealer of subsection (c), subsection relettering, amendment of newly designated subsection (f) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§107. Broadbill Swordfish.
Note     •     History

(a) Permit Required.
(1) The owner or operator of a vessel taking broadbill swordfish for commercial purposes shall have obtained a valid swordfish permit and shall be in possession of said permit when engaged in such activities.
(2) To Whom Issued. The department shall issue a permit to the owner or operator of a currently registered vessel. The applicant, if the holder of an expired swordfish permit, shall have complied with subsection 107(e) dealing with records during the preceding year, or during the last year such applicant held a permit, in order to be eligible for a permit.
(b) Vessel Identification. Permittees vessel shall display its assigned permit number in 10” high x 2”. wide black Roman alphabet letters and Arabic numerals. Figures shall be black on a white background on both sides of the superstructure of the vessel. Numbers shall be displayed at all times while operating under a swordfish permit.
(c) Records. Pursuant to Section 190 of these regulations, each permittee shall complete and submit an accurate record of all swordfishing activities on a form (Swordfish Harpoon Log, DFG 107 (10/89) see Appendix A) provided by the department.
(d) Conditions of Permit. Provisions of the Fish and Game Code relating to commercial fish except as modified by the provisions of these regulations, shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction or control.
(e) Cost of Permit. See section 8394.5 of the Fish and Game Code.
(f) Methods of Take.
(1) Swordfish may be taken only with hand-held hook and line or handthrusted harpoon.
(2) Aircraft may be used to directly assist a permittee or any person in the taking of any species of fish while operating under a swordfish permit.
Only aircraft with current FAA registration which are registered with the department pursuant to Section 7892, Fish and Game Code, and aircraft pilots licensed pursuant to Section 7850, Fish and Game Code, may conduct flights for permittees. Such aircraft shall display the letters “SW” on the underside of each wing in block Roman alphabet at least 24 inches high x 3 inches wide, black in color and on a white background.
(g) Notification Procedure. The department shall notify permittees if the director, pursuant to section 8577 of the Fish and Game Code, closes the swordfish harpoon fishery or any area where the fishery is conducted. The department shall notify permittees by mail and by public announcement on VHF/Channel 16 between 0800 hours and 1000 hours during normal business days. Radio transmissions shall commence 48 hours prior to the effective date of a closure and shall continue for 24 hours after the effective date of such action. It shall be the responsibility of the permittee to daily monitor the named radio channel during the specified hours.
(h) Revocation of Permits. Any permit may be revoked and canceled by the commission upon breach or violation of any fish and game law or regulation or violation of the terms or conditions of the permit by the holders thereof, their agents, servants, employees or those acting under their direction and control.
NOTE

Authority cited: Sections 1050, 7857, 7892 and 8394, Fish and Game Code. Reference: Sections 1050, 7857, 7892, 8394.5 and 8577, Fish and Game Code.
HISTORY

1. Amendment filed 6-9-77 as an emergency; effective upon filing (Register 77, No. 24). For prior history, see Register 76, No. 30.
2. Certificate of Compliance filed 7-28-77 (Register 77, No. 31).
3. Amendment filed 3-25-81; effective thirtieth day thereafter (Register 81, No. 13).
4. Amendment filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
5. Relettering of subsection (i) to subsection (j) and new subsection (i) filed 5-17-83; effective thirtieth day thereafter (Register 83, No. 21).
6. Amendment of subsection (h)(2) filed 10-19-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 42).
7. Amendment of subsection (e) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
8. Amendment of subsection (g) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
9. Amendment of subsections (a)(2), (b), and (h)(2)(A), repealer of subsections (a)(3) and (h)(2)(B) and amendment of Note filed 5-9-95; operative 6-8-95 (Register 95, No. 19).
10. Repealer of subsections (b)-(c), subsection relettering, amendment of newly designated subsections (f) and (g) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§107.1. Possession of Gill Nets by Swordfish Permittees.
Note     •     History

(a) Except as provided in subsection (b), any person operating under the authority of a swordfish permit as specified in Section 107 of these regulations may not possess a gill net aboard a swordfish permit vessel, except that set gill nets may be possessed, provided that the intent to use such gear has been declared on the application for a swordfish permit.
(b) Drift gill nets may be possessed onboard a swordfish permit vessel and used by a swordfish permittee who also possesses a valid permit which authorizes the use of a drift gill net to take swordfish.
NOTE

Authority cited: Section 8394, Fish and Game Code. Reference: Section 894, Fish and Game Code.
HISTORY

1. New section filed 7-14-80 as an emergency; effective upon filing. Certificate of Compliance included (Register 80, No. 29).
2. Amendment filed 10-4-85; effective thirtieth day thereafter (Register 85, No. 40).
3. Amendment filed 6-30-87; operative 7-30-87 (Register 87, No. 28). 
§107.5. Incidental Take of Swordfish by Gill Nets. [Repealed]
Note     •     History

NOTE

Authority cited: Section 8394, Fish and Game Code. Reference: Section 8394 and 8566, Fish and Game Code.
HISTORY

1. New section filed 12-14-79 as an emergency; effective upon filing (Register 79, No. 50). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 4-13-80.
2. Certificate of Non-compliance filed 4-11-80 (Register 8, No. 15).
3. Editorial Correction (Register 80, No. 20).
4. New section filed 7-14-80 as an emergency; effective upon filing. Certificate of Compliance included (Register 80, No. 29).
5. Repealer filed 3-25-81; effective thirtieth day thereafter (Register 81, No. 13). 
§108. Yellowfin Tuna. [Repealed]
Note     •     History

NOTE

Authority cited: Section 313, Fish and Game Code. Reference: Section 313, Fish and Game Code.
HISTORY

1. Amendment filed 6-30-76 as an emergency; effective upon filing (Register 76, No. 27). For prior history, see Register 68, No. 33.
2. Certificate of Compliance filed 8-27-76 (Register 76, No. 35).
3. Amendment filed 8-17-77 as an emergency; effective upon filing (Register 77, No. 34).
4. Certificate of Compliance filed 10-21-77 (Register 77, No. 3).
5. Amendment filed 8-1-78 as an emergency; effective upon filing (Register 78, No. 31).
6. Certificate of Compliance filed 10-11-78 (Register 78, No. 41). 
7. Repealer filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§109. Importation of Yellowtail and Barracuda from Mexico.
Note     •     History

No person, firm, or corporation shall deliver, accept, or unload any yellowtail or, barracuda, from any vessel carrying a purse seine or round haul net until the Department of Fish and Game Patrol office nearest the point of delivery shall have issued a written inspection clearance to the master or operator of such vessel, or his agent, permitting said delivery. Such clearances shall be on such forms as the Department of Fish and Game shall prescribe. Such clearances shall be issued upon presentation of evidence satisfactory to the Department of Fish and Game of the fact that such fish was taken south of the International Boundary Line between the United States and Mexico.
NOTE

Authority cited: Section 2362, Fish and Game Code. Reference: Section 2362, Fish and Game Code.
HISTORY

1. New section filed 10-10-51; effective thirtieth day thereafter (Register 26, No. 1).
2. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
3. Amendment of section heading and section filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
§110. Pismo Clams Imported into California.
Note     •     History

Persons bringing pismo clams into the State at any time that such clams are legal to import under the provisions of section 2369 of the Fish and Game Code shall comply with the following regulations:
(a) Pismo clams taken outside of this State must not be brought into, nor possessed within, any district during the closed season for pismo clams in said district.
(b) The commission shall require the following information on each importation of pismo clams:

View Graphic
Three copies made at point of entry, before a justice of the peace, notary public, or a fish and game warden or representative or federal custom immigration agent at border. One copy to remain with the shipment while it is in transit, one copy left on file with the person before whom the record is made, and one copy sent immediately to the nearest department office along with a processing fee, as specified in Section 705.
(c) Pismo clams imported from south of the international boundary between the United States and Mexico to be used for any purpose after delivery to the point of destination in this State shall be distributed for consumer use in containers holding not more than five pounds of pismo clam meat.
If pismo clams for consumer use are to be delivered in the shell, such container shall hold not more than 24 clams in shell.
All containers shall be marked to indicate country of origin.
The cost of such marking and certification shall be paid by the importer.
NOTE

Authority cited: Section 2369, Fish and Game Code. Reference: Section 2369, Fish and Game Code.
HISTORY

1. Originally published 3-31-45 (Title 14).
2. Amendment filed 10-17-67 as an emergency; designated effective 11-8-67 (Register 67, No. 42). For prior history, see Register 66, No. 29.
3. Certificate of Compliance-section 11422.1, Gov. Code, filed 12-12-67 (Register 67, No. 50).
4. Editorial correction (Register 71, No. 5).
5. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
6. Amendment of subsection (b) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
7. Amendment of subsection (b) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§112. Surfperch.
Note     •     History

Surfperch of the family Embiotocidae may be taken, transported, possessed and sold for commercial purposes pursuant to the following conditions:
(a) Notwithstanding the surfperch fishing season as specified in Fish and Game Code subsection 8395(b), surfperch of the family Embiotocidae may only be taken between August 1st and April 30th, except shiner surfperch (Cymatogaster aggregata), which may be taken, sold, or purchased at any time. Notwithstanding the authorized sale and purchase dates specified in 8395(b), surfperch may be sold or purchased only between August 1st and May 10th.
(b) Surfperch of the family Embiotocidae of the following species: barred surfperch; redtailed surfperch; and calico surfperch, taken during the open season north of a line drawn east and west through Point Arguello may be shipped south of said line and sold or purchased subject to the following regulations:
(1) All such fish shall be individually tagged by the permanent attachment of tags inscribed “California Department of Fish and Game-Surfperch” before shipment south of said line. Possession of such fish south of said line without attached prescribed tags is unlawful for commercial purposes.
(2) Tagging shall be conducted only by licensed wholesale fish dealers, their agents, or employees designated by the department. Said designated dealers are defined as those signing receipts for tags delivered to their place of business by department employees at cost. Designated dealers shall be required to produce official receipts for all said species of surfperch in quantities consistent with and corresponding to the number of tags requested.
(3) It shall be unlawful to transfer, transport or possess unused tags at any location other than the designated dealer's licensed place of business.
(4) The possession of unused surfperch tags, or any surfperch tags not attached to surfperch is unlawful in any place where fish are sold south of said line.
(5) A fee as specified in Section 705, for each tag order shall be paid to the department to cover administrative costs.
NOTE

Authority cited: Section 8395, Fish and Game Code. Reference: Section 8395, Fish and Game Code.
HISTORY

1. New section filed 9-13-55 as an emergency effective upon filing. (Register 55, No. 14).
2. Amendment filed 8-2-57; effective thirtieth day thereafter (Register 57, No. 12).
3. Amendment filed 8-26-60 as an emergency; effective upon filing (Register 60, No. 19).
4. Certificate of Compliance-section 11422.1, Government Code, filed 12-15-60 (Register 60, No. 25).
5. Repealer and new section filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
6. New subsection (e) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
7. Amendment of section heading, redesignation of first paragraph as subsection (b), new first paragraph and subsection (a) and subsection relettering and renumbering filed 2-2-2004; operative 3-3-2004 (Register 2004, No. 6).
8. Amendment of subsection (b)(5) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§115. Mussels.
Note     •     History

California sea mussels (Mytilus californianus) may only be taken in adherence with the provisions of Section 123 and under the following conditions:
(a) The harvester must be a licensed commercial fisherman.
(b) Limits:
(1) In Districts 19, 19A, 19B, and 21, the daily bag limit is 250 pounds in the shell where:
1 pound shucked meat is equivalent to 3.8 pounds in shell; and
1 gallon shucked meat is equivalent to 30 pounds in the shell.
(2) In the remainder of the state there is no bag limit.
NOTE

Authority cited: Section 8344, Fish and Game Code. Reference: Section 8344, Fish and Game Code.
HISTORY

1. New section filed 12-11-70; effective thirtieth day thereafter (Register 70, No. 50).
2. Amendment filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§116. Crayfish.
Note     •     History

Freshwater crayfish may not be taken for commercial purposes except in accordance with the following regulations:
(a) Licenses and Permits Required.
(1) Crayfish may not be taken for commercial purposes except under a revocable, nontransferable, numbered permit issued by the department. The applicant for a permit shall submit the fees and the completed application, as specified in Section 705, to the address listed on the application. Persons taking crayfish for a fee under the authority of a scientific collector's permit do not need to have this permit.
(2) Except for those taking crayfish for a fee under the authority of a scientific collector's permit, every person who takes, assists in taking, possesses or transports crayfish while on any boat or vessel, or who uses or operates or assists in using or operating any boat, trap, or other appliance to take crayfish, must have a valid crayfish permit issued to him and must be in possession of said permit while engaged in any of such activities.
(3) Crayfish may not be taken for commercial purposes for human consumption except under the authority of a commercial fishing license. Commercial fishermen taking crayfish shall also comply with requirements of the Fish and Game Code relating to commercial fishing vessel registration and other applicable commercial laws.
(4) Crayfish may not be taken as live bait for commercial purposes except under the authority of a live freshwater bait fish license.
(5) A crayfish permit may be revoked or suspended, for a period not to exceed one year, by the commission for violation of any of the terms of the permit or provisions of law relating to the taking of crayfish by the permittee or his agent, servant, employee, or person acting under his direction and control. However, any person who has had such a permit revoked may be required by the commission to appear before it and no new permit may be issued to such person unless the commission finds that such issuance will be in the best interests of the crayfish resource.
(6) The permit number of the person owning or in command of any boat used to take crayfish shall be visibly displayed on both sides of the boat in 10-inch black numbers, one-inch wide, on a white background.
(b) Records. The department may require persons taking crayfish for commercial purposes to keep an accurate, complete record of daily fishing operations on forms provided by the department. If so required, the original copy of the completed forms, recording one month's fishing activity, shall be mailed to the department by the fifth day of the following month.
(c) Fishing Area and Season.
(1) Area: Crayfish may be taken for commercial purposes only in the following counties or portions thereof except that no crayfish shall be taken in any lake or reservoir within the county:
(A) Tehama, Glenn, Butte, Colusa, Sutter, Yuba, Yolo, Sacramento, Solano, Contra Costa, San Joaquin, Stanislaus, Merced, Kings, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside, San Diego and Imperial counties.
(B) Nevada, Placer, El Dorado, Amador, Calaveras, Tuolumne and Mariposa counties west of Highway 49.
(C) Madera, Fresno, Tulare and Kern counties west of the westerly boundaries of the National Park or National Forest lands.
(2) Open Season: All year.
(d) Restricted Sale.
(1) Crayfish taken under the authority of a commercial license and a crayfish permit may be used only for human consumption and may not be sold, purchased or traded for any other use, except that they may be sold to a registered aquaculturist.
(2) Crayfish taken under the authority of a live bait fish license shall be used only for bait purposes and shall not be sold, purchased or used for any other purpose.
(e) Size Limit.
(1) No live crayfish of the genus Pacifastacus less than three and five-eights inches (92mm) in length from tip of nose (acumen) to tip of tail (telson), measured in a straight line ventral side up, may be taken commercially, except an allowable percentage of unacceptable (dead or undersized) Pacifastacus in any load or lot shall not be more than 10% by number.
(2) With the exception of the 10% allowable unacceptable crayfish, all other undersized Pacifastacus shall be returned unharmed to the waters from which taken. Such crayfish shall be sorted and returned immediately following processing of any trap or trap line before pulling additional traps or before returning to any dock or landing.
(3) The processing plants may not possess any cooked crayfish of the genus Pacifastacus which are less than three and one-half inches (89 mm) in length from the tip of nose (acumen) to tip of tail (telson), measured in a straight line ventral side up, except an allowable percentage of undersized Pacifastacus shall not be more than 5% by number of the total crayfish received at the processing plant during the day or processing.
(4) Any undersized Pacifastacus taken to the processing plant shall be returned to the water from which they were taken within twenty-four hours from the time of arrival at the processing plant. Either the processor or a commercial fisherman shall return the crayfish. Such crayfish shall be maintained alive and in good condition until they are released.
(5) There is no minimum size limit on crayfish of the genus Procambarus or the genus Orconectes.
(6) To determine the percentage of unacceptable crayfish of the genus Pacifastacus which are either dead and/or less than the minimum size limit fixed by this section, samples shall be taken from various portions of the load or lot and shall be measured and counted. The mean of the combined counts of all samples taken shall be used to determine the percentage of unacceptable Pacifastacus in the load or lot. Samples shall be taken in containers of not less than one gallon size approximately full of Pacifastacus. At least three such samples shall be taken from any load or lot.
(f) Female Crayfish. Any female crayfish carrying eggs (berried crayfish) or young shall be returned unharmed to the water at the time the crayfish are sorted.
(g) Methods of Take. Crayfish may be taken only by hand, hook and line, dip net not over six feet in greatest diameter or with a trap not over three feet in greatest dimension.
(h) Trap Identification. All crayfish traps shall be permanently tagged with a visible, metal tag bearing the crayfish permit number of the fisherman. Any person pulling or raising crayfish traps bearing a permit number other than his own must have in his possession written permission to pull the traps from the person who holds the crayfish permit number identifying such traps.
(i) Buoys. Each person taking crayfish for commercial purposes shall designate a trapping area with at least two buoys, one at either end of a trap line; however, the buoys do not have to be attached to the trap line. Such buoys shall be spaced not less than 200 feet, nor more than 1,200 feet apart. The upstream buoy shall be painted red and the downstream buoy white. When single traps are employed such traps shall be individually buoyed with a minimum spacing of 200 feet between traps. Buoys for single traps shall be painted yellow. Each buoy shall bear the permit number of the fisherman in a color that contrasts with that of the buoy. The permit number on the buoy shall be at least 1  1/2 inches in height and all markings shall be at least one-quarter inch in width.
(j) Containers. Any container used to hold or transport live crayfish shall be vented at the bottom. The depth of crayfish in such container shall not exceed 13 inches.
(k) All crayfish traps must be raised and processed at least once every 72 hours. Traps not processed within this time limit shall be considered abandoned and shall be subject to seizure by department personnel.
(l) Scientific and Educational Use.
(1) Each person who collects crayfish for a fee for scientific and educational purposes shall have a commercial fishing license, and each boat used for this purpose shall be registered as a commercial fishing vessel. However, if a fisherman is collecting crayfish of the genus Pacifastacus he must also have a scientific collecting permit (see section 650, title 14, CAC, for the requirements).
(2) A qualified scientific supply house shall issue a market order to each fisherman before the fisherman collects crayfish. Each market order shall specify the collecting locality, and the duration of that market order. Each fisherman shall have a market order in his possession when collecting crayfish.
(3) The fishing area and season fixed in subsection (c) and the minimum size limit fixed in subsection (e) of this section shall also apply to the fishermen collecting crayfish for a fee for scientific and educational purposes.
NOTE

Authority cited: Sections 713, 1050 and 8491, Fish and Game Code. Reference: Sections 713, 1050, 8491 and 15101, Fish and Game Code.
HISTORY

1. New section filed 6-6-75; effective thirtieth day thereafter (Register 75, No. 23).
2. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
3. Amendment of subsections (a)(5) and (e) filed 3-16-77; effective thirtieth day thereafter (Register 77, No. 12).
4. Amendment of subsections (e)(1), (e)(2) and (h) filed 5-10-79; designated effective tenth day thereafter pursuant to section 215, Fish and Game Code (Register 79, No. 19).
5. Repealer and new section filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
6. Amendment filed 8-3-82; effective thirtieth day thereafter (Register 82, No. 32).
7. Amendment of subsection (d)(1) filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
8. Amendment of subsection (a) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
9. Repealer of subsections (a)(5)-(6), subsection renumbering and amendment of newly designated subsection (a)(5) filed 12-14-2007; operative 1-13-2008 (Register 2007, No. 50).
10. Amendment of subsection (a)(1) and Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§119. Trawl Nets Inside of the Golden Gate Bridge.
Note     •     History

Bay shrimp, Oriental gobies, longjaw mudsuckers, staghorn sculpin, and plainfin midshipman inside of the Golden Gate Bridge may be taken for commercial purposes by the use of trawl nets only under a revocable, nontransferable permit issued by the department. All other species taken shall be immediately returned to the water.
(a) Qualifications of Permits. The applicant must be a licensed commercial fisherman and operator of a currently registered commercial fishing vessel.
(b) Limitation of Permit. A permit shall be issued to an individual owning or operating a vessel engaged in the fishery. The applicant for a permit shall submit the fees and the completed application, as specified in Section 705, to the address listed on the application. 
(c) Permit Areas.
(1) Trawl nets may be used in Districts 2, 12, 13, and that portion of District 3 upstream of the Carquinez Bridge, except as noted in subsections (c)(2) and (c)(3).
(2) The southern boundary of Fish and Game District 13 is the Southern Pacific Railroad crossing at Coyote Creek.
(3) Trawl nets may be used only in the portions of Districts 2 and 3 lying westerly of a projected straight line beginning at Point Edith on the south and extending through Buoy “6” to the shoreline on the north.
(d) Season. All year.
(e) Limitation of Gear.
(1) When any nets possessed under the terms of these regulations are in possession on any permittee's vessel, no other fishing nets may be possessed on that vessel.
(2) All fishing gear used under the provisions of this permit is subject to inspection and approval by the department.
(3) On request, any authorized representative of the department shall be permitted to travel on the permittee's boat to observe fishing operations.
(f) Identification of Vessel. Each vessel operating under the provisions of these regulations shall display on both sides of the vessel the number of the owner's permit in 14 inch black numbers on a white background.
(g) Records. Pursuant to section 190, of these regulations, each permittee shall complete and submit an accurate record of his fishing activities on a Bay Shrimp Log form, (FG 2025 (new 11/2005), see Appendix A.
(h) Conditions of Permit. The provisions of the Fish and Game Code relating to commercial fishing except as modified by the provisions of this permit shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction and control.
(i) A permittee prohibited from obtaining a permit may request a hearing before the commission to show cause why his trawl fishing privileges should be restored.
(j) Revocation of Permits. Permits may be revoked and cancelled by the commission without notice, upon the breach or violation of any fish and game law or regulation or any violation of the terms or conditions of this permit by the holders thereof, their agents, servants, employees or those acting under their direction and control. Permits so revoked and cancelled may not be renewed for a period of one year from the date of revocation.
NOTE

Authority cited: Sections 713, 1050 and 8832, Fish and Game Code. Reference: Sections 7857 and 8832, Fish and Game Code.
HISTORY

1. Relettering of subsections (e)-(j) to (f)-(k) and new subsection (e) filed 5-11-83; effective thirtieth day thereafter (Register 83, No. 20). For prior history, see Register 81, No. 43.
2. Amendment of subsection (e) filed 9-19-85; effective thirtieth day thereafter (Register 85, No. 38).
3. Amendment of subsection (h) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
4. Amendment of subsection (b) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
5. Amendment of section and Note filed 3-22-2006; operative 4-21-2006 (Register 2006, No. 12).
6. Editorial correction of subsection (g) (Register 2006, No. 20).
7. Amendment of subsection (b) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§120. Prawn or Shrimp Trawling--General Provisions.
Note     •     History

Prawns and shrimp may only be taken by trawl nets for commercial purposes in ocean waters pursuant to Fish and Game Code statutes and under authority of fishery permits established in Sections 120 through 120.3 of these regulations. Spot prawns may not be taken or possessed using trawl nets except as incidental to other trawl fishing activity as specified in subsection (e) below.
(a) Permits and Conditions.
Regulations of this Section define the conditions under which permits to use or possess trawls for the taking of shrimp or prawns in ocean waters pursuant to Section 8842 are to be granted. “Permits” as used in this Section refer only to Northern Pink Shrimp Trawl Permits defined in Section 120.2, Southern Pink Shrimp Trawl Permits defined in Section 120.2, and Golden and Ridgeback Prawn Trawl Permits defined in Section 120.3.
(b) Fishing Areas.
Trawling for shrimp or prawns shall be permitted only in those waters authorized by Section 8842 of the Fish and Game Code and not otherwise prohibited by other state or federal statutes or regulations. Pursuant to Subdivisions (b) and (d) of that Section, commencing January 1, 2008, trawling for shrimp or prawns is not authorized in waters lying between a line extending due west from False Cape and a line extending due west from Point Reyes, between two and three nautical miles from the nearest point of land on the mainland shore.
(c) Net Specifications.
(1) The net to be used for the capture of shrimp or prawns shall be an otter trawl. 
(2) The mesh of any webbing used on the otter trawl shall not be less than 1 3/8 inches measured inside the knots. 
(3) Nets used for the taking of shrimp or prawns under these regulations may be possessed on a boat only when the shrimp or prawn trawling season is open in that area, except that for a period of seven (7) days following the close of the season, shrimp or prawn nets may be possessed on a boat for the purpose of cleaning, drying, or maintaining such nets, provided that the boat remains in port during the time the net(s) is aboard.
(4) No other fishing net or web, the meshes of which are less than that prescribed in these regulations, may be possessed on any vessel which is operating under the provisions of a shrimp or prawn permit.
(d) Observers and Inspections.
(1) All fishing gear used under the provisions of these permits and regulations are subject to inspection by the department at any time. 
(2) Pursuant to Section 105.5, Title 14, CCR, any authorized representative of the department shall be permitted to travel on the permittee's boat to observe shrimp or prawn trawling operations. 
(3) Pursuant to Fish and Game Code subdivision 8841(d), any vessel fishing for prawns or shrimp permitted by California is subject to the requirements and policies of the federal groundfish observer program.
(e) Incidental Catch Provisions.
(1) Finfish. Limits on the incidental take of west coast groundfish species are specified in federal regulations of Title 50 CFR Part 660, and apply to state-managed trawl fisheries, including prawn or shrimp trawl fisheries, pursuant to Section 189, Title 14, CCR. Salmon may be taken and possessed incidentally to prawn or shrimp trawl fishing activities subject to sections 8210.2 to 8226, and 8230 to 8237, inclusive, of the Fish and Game Code.
(2) Sea Cucumbers. Any amount of sea cucumbers taken incidentally while prawn or shrimp trawling may be possessed if the owner or operator of the vessel possesses a permit to take sea cucumbers pursuant to Section 8405 of the Fish and Game Code.
(3) Spot prawns. Spot prawns shall not be possessed or landed as incidental catch in the pink shrimp fishery. Trawl loads of ridgeback and golden prawns shall not contain more than 50 pounds without restriction or 15%, by weight, of spot prawns. Trawl loads of finfish shall not contain more than 50 pounds without restriction or 15%, by weight, of spot prawns. 
(f) Records. 
Pursuant to Section 190 of these regulations, each prawn or shrimp trawl permittee or operator of a permitted vessel shall complete and submit an accurate record of his fishing activities on a form (Shrimp/Prawn Trawl Log, DFG 120 (10/89), see Appendix A) provided by the department.
(g) Permit Revocation and Violations. 
(1) Pursuant to Fish and Game Code subdivision 1052(b), any prawn or shrimp trawl permit shall be revoked if the applicant or permittee submits false information for the purposes of obtaining or renewing a permit. 
(2) Any prawn or shrimp trawl permit may be suspended, revoked or cancelled by the commission pursuant to the process defined in subdivision 7857(b) of the Fish and Game Code, upon notification by the department of a violation by a permit holder, or any person acting under authority of his or her permit, of provisions of the Fish and Game Code or regulations of the Fish and Game Commission relating to shrimp, prawns, trawl gear, and times or areas closed to fishing. 
(3) Any prawn or shrimp trawl permittee shall be liable for any violations committed by him or her of provisions of the Fish and Game Code or regulations of the Fish and Game Commission relating to shrimp, prawns, trawl gear, and times or areas closed to fishing. The permit holder shall also be liable for violations committed by any other person operating under the authority of his or her permit. Additionally, any such other person is liable for his or her own violations.
NOTE

Authority cited: Sections 8591, 8841 and 8842, Fish and Game Code. Reference: Sections 1700, 8590, 8591, 8593, 8595, 8841 and 8842, Fish and Game Code.
HISTORY

1. Amendment of subsection (e) filed 4-7-76; effective thirtieth day thereafter (Register 76, No. 3.)
2. Amendment of subsection (i) filed 6-4-76; effective thirtieth day thereafter (Register 76, No. 23).
3. Amendment of subsection (e) filed 11-5-79 as an emergency; effective upon filing (Register 79, No. 45). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 3-5-80.
4. Certificate of Non-Compliance filed 1-25-80 (Register 80, No. 4).
5. Editorial correction of subsection (e) (Register 80, No. 47).
6. Amendment of subsection (e) filed 2-19-81 as an emergency; effective upon filing (Register 81, No. 8). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-18-81.
7. Reinstatement of subsection (e) as it existed prior to emergency amendment filed 2-19-81 by operation of section 11346.1(b). Government Code (Register 81, No. 43).
8. Amendment filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
9. Editorial correction of History Notes No. 7 and No. 8 (Register 81, No. 47).
10. Amendment of subsection (b), new subsection (d), repealer of subsection (h) and relettering of former subsections (d)-(h) filed 3-18-83; effective thirtieth day thereafter (Register 83, No. 12).
11. Editorial correction of subsection (h)(1) filed 4-12-84; effective thirtieth day thereafter (Register 84, No. 15).
12. Amendment of subsections (c), (f) and (k)(2) filed 9-23-86; operative 10-23-86 (Register 86, No. 40).
13. Amendment of subsection (k) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
14. Amendment of subsection (d) filed 4-18-91; operative 5-19-91 (Register 91, No. 21)
15. Amendment of subsection (e) filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
16. Repealer of subsections (b) and (c), new subsection (b), subsection relettering, and amendment of newly designated subsections (d), (e), (h) and (i) filed 3-28-2001; operative 3-28-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 13). 
17. New subsections (f)(3)-(f)(5)(C), amendment of subsection (g)(1), new subsection (g)(7) and amendment of Note filed 12-17-2001; operative 1-16-2002 (Register 2001, No. 51).
18. Amendment of subsection (h) filed 3-26-2003; operative 3-26-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 13). 
19. Amendment of section heading, repealer and new section and amendment of Note filed 12-10-2008; operative 1-9-2009 (Register 2008, No. 50).
§120.01. Pink Shrimp Trawling. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 713, 1050, 8591 and 8842, Fish and Game Code. Reference: Sections 1050, 7057, 7852.2, 7858, 8101, 8591 and 8842, Fish and Game Code.
HISTORY

1. New section filed 3-28-2001; operative 3-28-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 13). 
2. Amendment of section and Note filed 8-28-2001; operative 9-27-2001 (Register 2001, No. 35).
3. Change without regulatory effect amending subsections (g)(1) and (g)(5) and amending Note filed 5-12-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 19).
4. Change without regulatory effect amending subsections (g)(1) and (g)(5) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
5. Repealer filed 12-10-2008; operative 1-9-2009 (Register 2008, No. 50).
§120.1. Pink Shrimp Trawling.
Note     •     History

(a) Permit Required. Any person using a trawl net to take, possess aboard a vessel, or land pink shrimp for commercial purposes shall have a pink shrimp trawl permit issued pursuant to Section 120.2 that has not been suspended or revoked.
(b) Season. Pink shrimp may be taken April 1 through October 31.
(c) Bycatch Reduction Device (BRD) Required. No shrimp trawl net may be possessed on board a vessel in the commercial pink shrimp fishery that does not include an approved bycatch reduction device. 
(1) Approved BRDs. An Approved BRD is required for all trawl nets used in the pink shrimp trawl fishery and is described as one of the following types below. Approved BRDs shall not be modified in any way that interferes with their ability to allow fish to escape from the trawl. 
(A) The Rigid-Grate Excluder (such as The Nordmore Grate). The grate consists of a series of rigid or semi-rigid vertical bars that form a panel which guides finfish out of an escape hole located in the top of the net. The device may include a funnel used to concentrate catch near the bottom of the panel to facilitate sorting and prevent shrimp loss but is not a required component. The panel may be hinged to facilitate rolling over a net reel. An approved Rigid-Grate Excluder must meet the following criteria: 
1. The rigid or semi-rigid panel must completely cover some portion of the net in diagonal cross-section. 
2. None of the openings between the vertical bars of the panel may exceed 2 inches. 
3. The escape hole, when spread open, must expose a hole at least 100 square inches in surface area, which is the equivalent to removing 10-12 meshes in a straight line. 
4. The escape hole must be forward of the panel and the farthest back point must end within four meshes of the point at which the rigid or semi-rigid panel connects to the main net at its farthest back point. 
(B) The Soft-Panel Excluder. This device uses a mesh panel to guide fish out of an escape hole located in the top of the net. An approved soft-panel BRD must satisfy the following criteria: 
1. The panel meshes must be constructed of net material with individual meshes no larger than 6 inches (stretch measure). 
2. The panel must completely cover some portion of the net in diagonal cross-section and partial panels are not allowed. 
3. The escape hole must, when spread open, expose a hole at least 100 square inches in surface area, which is equivalent to cutting 10-12 meshes in a straight line. 
4. The escape hole must be positioned forward of the panel and end within four meshes of the point at which the panel connects to the main net at its farthest back point. 
(C) The Fisheye Excluder. This device functions as a simple forward facing escape hatch that is maintained by a rigid frame. An approved fisheye BRD must meet the following criteria: 
1. The escape hole must be forward facing so that finfish can swim towards the mouth of the net to exit through the fisheye. 
2. The device must be placed on the top of the codend, no further forward than 84 codend meshes, counted from the pursing rings. 
3. The escape hole must be no less than 6 inches in height and no less than 10 inches in width. 
(2) Upon approval by the Commission, an experimental gear permit may be issued by the Department for purposes of testing the effectiveness of new or improved BRD designs pursuant to Section 8606 of the Fish and Game Code.
(d) Net Removal. No shrimp trawl nets shall be removed from the vessel participating in the pink shrimp trawl fishery prior to the offloading of pink shrimp. 
(e) Maximum Count per Pound. No vessel permitted in the pink shrimp trawl fishery shall land a load of pink shrimp having an average count greater than 160 shrimp per pound.
NOTE

Authority cited: Sections 8591, 8841 and 8842, Fish and Game Code. Reference: Sections 8591, 8606, 8841 and 8842, Fish and Game Code.
HISTORY

1. New section filed 12-10-2008; operative 1-9-2009 (Register 2008, No. 50).
§120.2. Pink Shrimp Trawl Permits.
Note     •     History

(a) Permit Required. 
(1) Northern Pink Shrimp Trawl Permit. On and after April 1, 2001, any person using a trawl net to take, possess aboard a vessel, or land pink shrimp for commercial purposes in ocean waters north of a line drawn due west of Point Conception shall have a northern pink shrimp trawl permit or a northern pink shrimp trawl individual permit that has not been suspended or revoked. All pink shrimp taken in ocean waters north of the aforementioned line incidental to other fishing activities shall be immediately returned to the water. For the purposes of this Section, vessel owner includes any person who has a lease-purchase agreement for the purchase of a vessel.
(2) Southern Pink Shrimp Trawl Permit. On and after April 1, 2001, any person using a trawl net to take, possess aboard a boat, or land pink shrimp for commercial purposes in ocean waters south of a line drawn due west of Point Conception shall have a southern pink shrimp trawl permit that has not been suspended or revoked. The applicant must be the operator of a currently registered commercial fishing vessel. The applicant for a permit shall submit the fees and the completed application, as specified in Section 705, to the address listed on the application. 
(b) Initial Permit Issuance.
(1) A northern pink shrimp trawl individual permit may be issued to the holder of a valid 2000-01 pink shrimp trawl individual permit who landed a minimum of 5,000 pounds of pink shrimp north of Point Conception in each of three of the fishing seasons from April 1, 1994 to October 31, 1999 as documented by department landing receipts submitted in their name and commercial fishing license identification number. 
(2) A northern pink shrimp trawl vessel permit may be issued to the current owner of a vessel with a valid 2000-01 pink shrimp trawl vessel permit who landed a minimum of 5,000 pounds of pink shrimp north of Point Conception in each of three of the fishing seasons from April 1, 1994 to October 31, 1999, as documented by department landing receipts. 
(3) A northern pink shrimp trawl vessel permit may be issued to an individual who does not qualify for a permit in (b)(1) or (2), above, and is the current owner of a commercial fishing vessel and who has been licensed as a California commercial fisherman for at least 20 years at the time of application and has participated in the pink shrimp trawl fishery for at least one of those years in this state as documented by department landing receipts that cumulatively total 5,000 pounds of pink shrimp landed by trawl nets in their name and commercial fishing license number. Any permit issued under this provision shall be nontransferable. 
(4) Initial applications for all northern pink shrimp trawl permits shall be received by the department or, if mailed, postmarked no later than May 31, 2001. Initial late applications shall be received by the department or, if mailed, postmarked not later than June 30, 2001 and shall be accompanied by a $50 late fee. Initial late applications not received by the department or, if mailed, postmarked after June 30, 2001, will not be considered. A permit shall not be issued until the $50 late fee is paid. 
(5) No individual or corporation that qualifies for a northern pink shrimp trawl vessel permit shall be issued a northern pink shrimp trawl individual permit. 
(c) Vessel Length Endorsement.
(1) Each northern pink shrimp trawl vessel permit shall be endorsed with the overall length at the time of initial issuance. Vessel overall length is measured between the perpendiculars at the foremost portion of the hull at the stem, excluding any extensions commonly known as bowsprits, and the aftermost portion of the hull at the sternpost, excluding any extensions thereof. One of the following forms of documentation shall be submitted as proof of the vessel's overall length. 
(2) Marine Survey Report. Before any northern pink shrimp trawl vessel permit is issued or transferred to another vessel, the owner of the vessel who will receive the permit may submit a marine survey completed by a certified marine surveyor on or after April 1, 1999 that clearly shows the vessel overall length. 
(3) Federal Groundfish Permit. Before any northern pink shrimp trawl vessel permit is issued or transferred to another vessel, the owner of the vessel who will receive the permit may submit their current valid Federal Groundfish Permit with its endorsed length as documentation of the vessel's overall length. 
(4) When a vessel is no longer available for an overall length measurement, as determined by the department, and does not have a current valid Federal Groundfish Permit, the department may consider: a Marine Survey dated prior to April 1, 1999, U.S. Coast Guard Documentation, or Department of Motor Vehicles registration records. 
(d) Permit Renewal.
(1) Applicants for northern pink shrimp trawl permits must have held a valid northern pink shrimp trawl permit in the immediately preceding permit year. All applications for northern pink shrimp trawl permit renewal shall be received by the department or, if mailed, postmarked not later than April 30 each year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(2) A northern pink shrimp trawl individual permit shall be upgraded to a northern pink shrimp trawl vessel permit before April 1, 2003. The vessel that the northern pink shrimp trawl vessel permit is assigned to may be not more than five feet greater in overall length than the longest vessel on which the permittee made qualifying landings. The individual permittee is subject to the terms of permit renewal in Section 120.2(d)(1). Any northern pink shrimp trawl individual permit not upgraded to a northern pink shrimp trawl vessel permit before April 1, 2003 shall be deemed forfeit to the department. 
(e) Permit Transfers.
(1) A northern pink shrimp trawl vessel permit may be transferred to a replacement vessel owned by the permittee within two years of the permitted vessel being lost, stolen, or destroyed. The replacement vessel may be up to but not more than five feet greater in overall length than the original permitted vessel. The original length endorsement will remain on the permit. 
(2) A northern pink shrimp trawl vessel permit is otherwise transferable to another owner only if the vessel qualifying for the initial permit landed 90,000 pounds of pink shrimp by trawl north of Point Conception from April 1, 1994 to October 31, 1999. An individual permit, when upgraded to a vessel permit pursuant to Section 120.2(d)(2), shall be otherwise transferable to another owner only if the fishermen qualifying for the initial permit landed 90,000 pounds of pink shrimp by trawl north of Point Conception from April 1, 1994 to October 31, 1999. 
(A) The transferable permit may not be transferred more than once every twelve months. 
(B) The transferable permit may be transferred any number of times to a different vessel up to five feet greater in overall length than the original endorsement, or of equal or less overall length. The original length endorsement will remain on the permit. 
(C) A transferable permit may be permanently changed to a nontransferable permit on written request of the vessel owner. The permit shall not be restored to a transferable permit under any circumstances. 
(3) On the death of a transferable northern pink shrimp trawl vessel permittee an heir may apply to the department to transfer that permit to him or her. The application for transfer shall be received by the department within two years of the death of the permittee. 
(4) Any northern pink shrimp trawl vessel permit may be temporarily transferred, for up to one year, to a different vessel, if the permitted vessel is seriously damaged, has suffered a major mechanical breakdown, or is lost or destroyed. The request for temporary transfer shall include documentation of the damage, breakdown, loss or destruction. 
(5) Any northern pink shrimp trawl vessel may be permanently retired from the fishery for any reason, and the permit transferred to a different vessel, up to but not more than five feet greater in overall length than the original length endorsement, which is owned by the same permittee. 
(f) Appeal.
(1) Any applicant who is denied initial issuance of a northern pink shrimp trawl vessel permit or a northern pink shrimp trawl individual permit by the department for any reason may appeal that denial to the commission in writing, describing the basis for the appeal. The appeal shall be received by the commission or, if mailed, postmarked not later than March 31, 2002. 
(2) Appeals for initial permit issuance may be based on medical conditions, vessel condition, purchase of a vessel during the moratorium period which had a pink shrimp vessel permit, economic conditions in the fishery, historic participation levels in the California pink shrimp fishery, oceanographic conditions and associated low availability of shrimp in the California area of the fishermen's residence, and incapacity of the vessel to participate in the fishery. 
(3) Renewal Appeals. Late renewal appeal provisions are specified in Fish and Game Code Section 7852.2. 
(4) Any applicant who is denied transfer of a northern pink shrimp trawl vessel permit may appeal the denial to the department in writing not more than 90 days from the date of denial describing the basis for the appeal. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's decision. 
(g) Fees and Applications.
(1) The annual fee and application for a transferable northern pink shrimp trawl vessel permit is incorporated by reference in Section 705.
(2) The fee to transfer a permit to a new owner is incorporated by reference in Section 705. No northern pink shrimp trawl vessel permit shall be transferred without a completed application and payment of fees. 
(3) The fee to transfer a permit to another vessel owned by the same permittee is incorporated by reference in Section 705. 
(4) The fee for a temporary permit transfer of up to one year is incorporated by reference in Section 705. 
(5) The annual fee and application for a nontransferable northern pink shrimp trawl vessel permit is incorporated by reference in Section 705.
(h) Capacity Goal.
(1) The department shall evaluate the capacity goal every three years and report to the commission, with a recommendation regarding issuance of new permits. 
(2) The capacity goal for transferable permits shall be a range from 75 up to the number of permits initially issued, and for nontransferable permits a range of 0 up to the number of permits initially issued. 
NOTE

Authority cited: Sections 713, 1050, 8591, 8841 and 8842, Fish and Game Code. Reference: Sections 1050, 7057, 7852.2, 7858, 8101, 8591, 8841 and 8842, Fish and Game Code.
HISTORY

1. New section filed 12-10-2008; operative 1-9-2009 (Register 2008, No. 50).
2. Amendment of subsections (a)(2) and (g)-(g)(5), repealer of subsections (g)(6)-(7) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§120.3. Golden Prawn (Penaeus Californiensis), Spot Prawn (Pandalus Platyceros) and Ridgeback Prawn (Sicyonia Ingentis) Trawling.
Note     •     History

Permits to use or possess trawl nets for the taking of golden prawns and ridgeback prawns in ocean waters may be granted only under the conditions described below. Take of spot prawn under authority of this permit is prohibited, except as provided in subsection 120(e), Title 14, CCR:
(a) Qualifications of Permittee. The applicant must be a licensed commercial fisherman and operator of a currently registered commercial fishing vessel.
(b) Cost of Permit. The applicant for a permit shall submit the fees and the completed application, as specified in Section 705, to the address listed on the application. 
(c) Seasonal Closure. Trawling for ridgeback prawns is prohibited from June 1 through September 30.
(d) Trawl Gear Specifications.
(1) Trawl nets with single-walled bag or codend: The mesh of any webbing shall not be less than 1 1/2 inches in length. 
(2) Trawl nets with double-walled bag or codend: The mesh of any webbing or liner shall not be less than 3 inches in length. The lines and codend shall be tied together along the rib lines. 
(3) Mesh Measurement. Minimum trawl mesh size requirements are met if a standard stainless steel wedge of appropriate gauge can be passed with thumb pressure only through 16 of 20 sets of two meshes each of wet mesh in the codend. 
NOTE

Authority cited: Sections 710.7, 711, 713, 1050, 8591, 8841 and 8842, Fish and Game Code. Reference: Sections 710.7, 711, 713, 1050, 8140, 8841 and 8842, Fish and Game Code.
HISTORY

1. Amendment of subsection (h) filed 6-4-76; effective thirtieth day thereafter (Register 76, No. 23). For prior history, see Register 75, No. 12.
2. Amendment of subsection (h) filed 10-9-81; effective thirtieth day thereafter (Register 81, No. 43).
3. Amendment filed 5-17-83; effective thirtieth day thereafter (Register 83, No. 21).
4. Amendment of heading and subsections, (c), (e), (h) and (j)(2) filed 9-23-86; operative 10-23-86 (Register 86, No. 40).
5. Amendment of subsection (j) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
6. Amendment of subsection (d) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
7. Amendment of subsection (i)(1) filed 9-14-92; operative 10-14-92 (Register 92, No. 38).
8. Amendment of subsections (c), (e)(1)(C), (f)(1), (h)(3) and Note filed 11-14-95; operative 11-14-95 pursuant to Fish and Game Code sections 202 and 215 (Register 95, No. 46).
9. Amendment of subsection (f)(1) and Note filed 9-19-97; operative 10-19-97 (Register 97, No. 38).
10. Amendment filed 5-3-2000; operative 5-3-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 18). 
11. Editorial correction of subsection (e)(3) (Register 2000, No. 28).
12. New subsection (c), subsection relettering, amendment of newly designated subsections (e)(1)-(2), (f)(4), (g)(3) and (i) and amendment of Note filed 7-14-2000; operative 7-14-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 28).
13. Amendment of subsection (d) filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
14. Amendment of first two paragraphs and subsection (e), repealer of subsections (e)(1)-(2) and (f)(4), amendment of subsections (g)(1), (g)(3), (h)(1) and (h)(3) and amendment of Note filed 9-12-2002 as an emergency; operative 9-12-2002 (Register 2002, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-10-2003 or emergency language will be repealed by operation of law on the following day.
15. Reinstatement of section as it existed prior to 9-12-2002 emergency amendment by operation of Government Code section 11346.1(f) (Register 2003, No. 6).  
16. Amendment of subsection (e)(1) and amendment of Note filed 2-3-2003; operative 2-3-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 6).
17. Amendment filed 3-26-2003; operative 3-26-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 13). 
18. Amendment of section heading, repealer and new section and amendment of Note filed 12-10-2008; operative 1-9-2009 (Register 2008, No. 50).
19. Amendment of subsection (b) and Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§120.4. Restricted Access Fishery.
Note     •     History

A control date of January 1, 1999, is established for the purpose of developing a restricted access spot, ridgeback, and golden prawn trawl fishery. Only those vessels which have made at least one spot, ridgeback, or golden prawn landing with trawl gear before this date may be considered for inclusion in the restricted access trawl fishery.
NOTE

Authority cited: Sections 8591 and 8842, Fish and Game Code. Reference: Sections 8590, 8591, 8593 and 8595, Fish and Game Code.
HISTORY

1. New section filed 5-3-2000; operative 5-3-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 18). 
§120.5. Brine Shrimp Trawling-Mono Lake, Mono County.
Note     •     History

Permits to use or possess trawl nets for the taking of brine shrimp in Mono Lake, Mono County, pursuant to section 8842 of the Fish and Game Code may be granted only under the following terms and conditions:
(a) Qualifications of Permittee. The applicant must be a licensed commercial fisherman and operator of a currently registered commercial fishing vessel.
(b) Limitation of Permit. Not more than one permit shall be issued to any one person. No permit shall be valid for more than one vessel. Permits shall not be assigned or transferred from person to person nor from vessel to vessel.
(c) Duration of Permit. Except as otherwise provided, any permit issued pursuant to these regulations shall be in force from January 1st to December 31st, or, if issued after the beginning of such term, for the remainder thereof.
(d) Permit Area. Mono Lake, Mono County.
(e) Season. All year.
(f) Gear Specifications. Any trawl net.
(g) Limitation of Gear.
(1) Nets used for the taking of brine shrimp under this regulation may not be possessed in any area except Mono Lake, Mono County, and on shore within one mile from the edge of the lake.
(2) The holder of a permit to take brine shrimp in Mono Lake, Mono County, may transport any trawl net across any district closed to the possession of said nets for the purpose of using same in Mono Lake.
(h) Incidentally Caught Fish. All other fish or shellfish incidentally captured in trawling for brine shrimp must be returned immediately to the lake.
(i) Conditions of Permit. The provisions of the Fish and Game Code of California relating to commercial fishing except as modified by the provisions of this permit shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction or control.
(j) Revocation. All permits may be revoked or suspended by the Fish and Game Commission for a period of not to exceed one year for any violation of the terms or conditions of this permit by the holders thereof, their agents, servants, employees or those acting under their direction or control.
(k) Cost of Permit. See subsection 699(b) of these regulations for the fee for this permit.
NOTE

Authority cited: Section 8842, Fish and Game Code. Reference: Section 8842, Fish and Game Code.
HISTORY

1. New section filed 8-27-62 as an emergency; effective upon filing (Register 62, No. 18).
2. Certificate of Compliance-section 11422.1, Government Code, filed 11-20-62 (Register 62, No. 24).
3. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
4. New subsection (k) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
§120.6. Use of Powered Equipment of the Type, Size and Specifications Hereinafter Noted to Take Crustaceans.
Note     •     History

Powered equipment may be used to take only Callianassa affinis, Callianassa californiensis, and Callianassa giga (commonly called ghost shrimp) under the following conditions:
(a) Powered equipment is a hand operated hydraulic pump or a pump driven by an engine not to exceed 5 horsepower. Intake and outlets of suction and hydraulic nozzles shall not be in excess of an inside diameter of 2 inches. The hydraulic nozzle shall not be longer nor extended into any tideland sands to a depth greater than 3 feet, and all engine-driven pumps shall have a shut-off valve at the nozzle.
(b) Each person operating or assisting in operating such equipment will be required to possess a commercial fishing license and a permit as provided by this section.
(c) Permits may contain additional terms and conditions, including areas of use, as prescribed by the Department of Fish and Game. The applicant for a permit shall submit the fees and the completed application, as specified in Section 705, to the address listed on the application. 
(d) Powered equipment may be used on intertidal areas, that is, between high water and low water marks, except powered equipment shall not be used in Tomales Bay, Bodega Harbor or Bolinas Lagoon. In Morrow Bay engine-driven hydraulic pumps may not be used south of a line running 230 magnetic from the public boat ramp at the south end of the Embarcadero.
(e) Holes created in the mudflat surface by engine-driven pumps shall not exceed 8 feet in any horizontal dimension, nor more than 12 inches in depth.
(f) Mollusks and crustaceans, other than ghost shrimp, exposed or hydraulically sluiced to the surface, shall be returned immediately to their natural habitat, and no fish, mollusks or crustaceans, other than ghost shrimp shall be possessed by the permittee at any time during pumping operations or while traveling to or from pumping operations.
(g) Any right or privilege granted thereunder is subject to revocation by the Fish and Game Commission at any time.
(h) All provisions of the following numbered sections of the Fish and Game Code shall be a condition of all permits to be fully performed by the holders thereof, viz: 7700-7855, 8010-8024, 8250-8283, 8603, 8630-8634, 9050-9053. All section numbers are inclusive.
(i) Permits shall only be issued upon the conditions contained in the application and signed by the applicant that he has read, understands, and agrees to be bound by all terms of the permit.
(j) Any permit may be revoked or suspended for a period fixed by the commission, upon the breach or violation of the terms of the permit, or any of the foregoing sections of the Fish and Game Code, or any of these regulations, or if, in the opinion of the department, the resource is endangered. Any person who has had his permit revoked may be required to appear before the Fish and Game Commission when applying for a new permit. For a period of not more than one year, the commission may defer action upon the application of any person who uses powered equipment to take ghost shrimp without first having secured a permit under these regulations.
NOTE

Authority cited: Sections 713, 1050, 7857, 8500 and 9053, Fish and Game Code. Reference: Sections 8500 and 9053, Fish and Game Code.
HISTORY

1. New section filed 7-3-64; effective thirtieth day thereafter (Register 64, No. 14).
2. Amendment of subsections (c) and (d) filed 5-29-69 as an emergency; effective upon filing (Register 69, No. 22).
3. Certificate of Compliance-section 11422.1, Gov. Code, filed 7-31-69 (Register 69, No. 31).
4. Amendment of subsection (d) filed 4-5-79 as an emergency; effective upon filing (Register 79, No. 14).
5. Certificate of Compliance filed 6-11-79 (Register 79, No. 24).
6. Amendment filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
7. Amendment of subsections (a), (d) and (e) filed 7-14-86; effective thirtieth day thereafter (Register 86, No. 29).
8. Amendment of subsection (c) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
9. Amendment of subsection (c), repealer of subsection (g), subsection relettering, amendment of newly designated subsection (g) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§120.7. Taking of Sea Urchins for Commercial Purposes.
Note     •     History

(a) Permit Required. 
(1) Any person taking or assisting in the taking of sea urchins for commercial purposes shall have obtained a valid sea urchin permit and shall be in possession of said permit when engaged in such activities. A sea urchin diving permit is not required to operate or assist in operating a vessel used to take sea urchins, however, no person without a valid sea urchin diving permit shall engage in diving from a vessel from which sea urchins are being taken or possessed for commercial purposes, unless authorized by the department's marine region regional manager or his or her designee for the purposes of sea urchin management or research.
(2) To provide an economic incentive for cooperative sea urchin management and research activity, and notwithstanding any other portion of this section, the department may authorize the holder of a valid sea urchin diving permit to harvest (take, possess, land and/or sell) red sea urchins during a closed season or in a closed area, subject to such restrictions regarding date(s), location(s), time(s), size, poundage or other matters as specified by the department. Any data collected during such harvest activity shall be made available to the department. The form of this authorization shall be a letter from the department's marine region regional manager or his or her designee issued to the permittee and containing all conditions of use.
(b) Classes of Permits.
(1) Sea Urchin Diving Permit. Sea urchin diving permits will be issued to licensed commercial fishermen 16 years of age or older who have qualified for permits pursuant to subsection (c).
(2) Sea Urchin Crewmember Permit. Sea urchin crewmember permits will be issued to licensed commercial fishermen 16 years of age or older who do not qualify for sea urchin diving permits. 
(c) Permit Renewal.
(1) Applicants for renewal of sea urchin diving permits must have held a valid, unrevoked sea urchin diving permit in the immediately preceding permit year (April 1-March 31).
(2) In 2008, applications for renewal of sea urchin diving permits shall be received by the department or, if mailed, postmarked no later than June 30. In 2009 and thereafter, applications for renewal of sea urchin diving permits shall be received by the department or, if mailed, postmarked no later than April 30. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(d) Number of Permits.
(1) All qualified prior sea urchin diving permittees shall be eligible to receive diving permits regardless of the number issued.
(2) If the number of diving permits issued to prior permittees is more than 300, the total number of new sea urchin diving permits available for issuance shall be one-tenth the difference between the total number of sea urchin diving permits issued prior to August 1 of the current permit year and the total number of sea urchin permits issued during the immediately preceding permit year. If the number of diving permits issued to prior permittees is less than 300, the number of new sea urchin diving permits to be issued shall be the difference between the number of diving permits issued to prior permittees and 300. If the number of permits issued to prior permittees is 300, no new sea urchin diving permits shall be available.
(e) New Permittees:
(1) Applications as specified in Section 705 for the issuance of any new sea urchin diving permits that may become available each year shall be received by the department or, if mailed, postmarked no later than June 30. Applications shall be submitted to the department's License and Revenue Branch office in Sacramento. If any new sea urchin diving permits are available for issuance, as provided in subsection (d)(2), they shall be issued to licensed commercial fishermen who held, for each of the two immediately preceding permit years, a valid sea urchin crewmember permit.
(2) If there are more applicants for sea urchin diving permits than there are permits available, a drawing will be held to determine which applicants will be eligible to purchase permits. Any person who submits more than one application for a new sea urchin diving permit in any one permit year will be excluded from the drawing. Each applicant who meets the criteria in subsection (e)(1) shall be entered into the drawing once. In addition, each applicant shall be entered into the drawing one more time for each additional year, above the minimum required two years, that the applicant possessed a valid sea urchin crewmember permit. No applicant shall be entered more than five times for each drawing. The drawing will be held on the third Wednesday in August each year. Permits will be issued to successful applicants in the order drawn. Payment of the fee for the sea urchin diving permit must be received at the department's License and Revenue Branch office in Sacramento on or before September 25. 
(f) Fee. The applicant for a sea urchin crewmember permit shall submit the fees and the completed application, as specified in Section 705, to the address listed on the application. 
(g) Renewal Appeals. Late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(h) Vessel Identification. When sea urchins are taken under these regulations, the vessel's commercial registration number shall be displayed on both sides of the boat. The number shall be black, at least 10 inches high, and on a white background. All permittees aboard the boat shall be mutually responsible for the proper display of the vessel's commercial registration number.
(i) Conditions of the Permit:
(1) No person shall take or possess lobsters or abalone aboard any boat used to take sea urchins under these regulations on any day that sea urchins have been taken or are to be taken.
(2) Hydraulic lifts and air lifts shall be used only in such a manner that no rocks or other mineral matter, aquatic plants, fish or other aquatic life except sea urchins, shall be removed from the bottom or otherwise disturbed.
(j) Revocation of Permits. Any permit may be suspended, revoked, or canceled by the commission upon breach or violation of any fish and game regulation pertaining to the take of sea urchins or abalone; or violation of the terms or conditions of the permit by the holders thereof, their agents, servants, employees or those acting under their direction and control.
(k) Exemption from Tidal Invertebrate Permit. A sea urchin diver or sea urchin crewmember operating under the provisions of this section is not required to possess a Tidal Invertebrate Permit, but is subject to the provisions of section 123, Title 14, CCR.
(l) Fishing Season.
(1) From November through May, the open season for red sea urchins is seven days per week.
(2) From June through October, the open season for red sea urchins is Monday, Tuesday, Wednesday and Thursday.
(3) During any closed period, no red sea urchins may be possessed on any commercially registered vessel, except that any commercially registered vessel may transport red sea urchins after any closure goes into effect, provided that the vessel is in port no later than 0800 hours on the first day of the closed period.
(m) Logbooks. Each permittee shall complete and submit an accurate record of all sea urchin fishing activities on a form (DFG-120.7 (2/08)), incorporated herein by reference, provided by the department before the sea urchins are landed. The completed daily records shall be sent to the Fort Bragg office of the Department of Fish and Game for fishing activities north of the Monterey-San Luis Obispo county line, and to the Los Alamitos office for fishing activities south of the Monterey-San Luis Obispo county line on or before the tenth day of each month following the month to which the records pertain.
(n) Closed Areas.
(1) Sea urchins shall not be taken for commercial purposes in state marine reserves or state marine parks. Specific regulations in state marine conservation areas may prohibit the commercial take of sea urchins as per subsection 632(b).
(2) The Gerstle Cove area in Salt Point State Marine Conservation Area (Sonoma County) is closed to all commercial fishing for sea urchins. This area is delimited as all the ocean waters east of a line extending 180o true from the southernmost point of Salt Point (38o 33.92' N. lat. 123o  19.89' W. long.) and north of a line extending 270o true from the westernmost point of land of the unnamed point at the southern end of Gerstle Cove (38o 33.6' N. lat. 123o 19.37' W. long.).
(3) The South Caspar Point area in Mendocino County is closed to all commercial fishing for sea urchins. This area is bounded on the north by a line extending 90o magnetic from sea to the mouth of Caspar Creek (north bank) in Caspar Cove, on the south by the northern boundary of the Point Cabrillo State Marine Conservation Area and its westward extension to the 120-foot depth contour, on the west by 120-foot depth contour line connecting the north and south boundary lines, and on the East by the mainland shore. The Point Cabrillo State Marine Conservation Area remains closed to the take of all forms of marine life except as permitted in subsection 632(b).
(o) Size Limit.
(1) In southern California (south of the Monterey-San Luis Obispo county line) no red sea urchin between one and one-half (1 1/2) and three and one-quarter (3 1/4) inches in shell diameter, not including the spines or any portion of their ball-and-socket attachment to the shell, may be taken, possessed, sold, or purchased, except that not more than thirty (30) such red sea urchins per permittee per load may be taken, possessed, sold or purchased.
(2) In northern California (north of the Monterey-San Luis Obispo county line) no red sea urchin between one and one-half (1 1/2)and three and one-half (3 1/2) inches in shell diameter, not including the spines or any portion of their ball-and-socket attachment to the shell, may be taken, possessed, sold or purchased, except that not more than thirty (30) such red sea urchins per permittee per load may be taken, possessed, sold or purchased.
(3) Red sea urchins less than one and one-half (1 1/2) inches in shell diameter shall not be considered as part of the thirty (30) undersized red sea urchins per permittee per load that may be taken, possessed, sold or purchased.
(4) Every sea urchin permittee shall carry and use an accurate measuring device, to determine the size of red sea urchins being taken as specified in subsections (o)(1) and (o)(2) above, while diving for sea urchins for commercial purposes.
(p) Authorization of an Assistant for a Sea Urchin Diver Permittee.
(1) Authorization by Department. The holder of a sea urchin diving permit, who, after entering the sea urchin fishery, becomes, due to a severe unforeseen or catastrophic long-term (expected to be for one year or longer) or permanent injury or disease, physically unable to dive, may designate a specific individual as an assistant, upon written approval from the department. The department may authorize, in writing, any one specific individual to be designated by the permittee as an assistant, providing the following conditions have been met:
(A) the permittee provides documentation from a qualified physician that the permittee suffers from the disease or injury and it will prevent the permittee from diving. Such conditions shall not include short or long-term common illnesses, conditions caused or primarily exacerbated by aging, or any other condition which appears to be marginal or common, such as routine back or neck problems;
(B) the permittee has no violations or pending violations for which his or her permit could be revoked;
(C) the proposed assistant has a current California commercial fishing license and has not had any California commercial fishing license or permit suspended or revoked; has never been convicted, and no charges are pending for a violation of any provision of the Fish and Game Code or Title 14, California Code of Regulations.
(2) Special Provisions:
(A) The authorized sea urchin diver assistant may take or assist in the taking of sea urchin only when in the company of the permittee.
(B) The permittee shall have no authority to, and shall not dive for sea urchin while a valid letter authorizing the permittee to designate an assistant exists, regardless of whether or not the assistant is actively diving.
(C) The authorized sea urchin diver assistant shall have no right to ownership or transfer of the permit beyond that which is otherwise provided by law.
(D) The sea urchin diving permit, in addition to the sea urchin diver assistant authority shall be subject to revocation, suspension or other actions provided in law or regulation, upon violations committed by the assistant, when acting under the authority of a sea urchin diver assistant. The assistant shall take no actions authorized pursuant to a sea urchin diver permit without the consent of the permittee.
(E) The department shall review the authority authorized pursuant to this section at least once every year and may withdraw the authority if any of the conditions are not met.
(3) Fee Requirement. Any person authorized as an assistant pursuant to this subsection shall annually pay a fee to the department equal to the amount required of permittees pursuant to Fish and Game Code Section 9055.
(4) Required Possession of Department Authorization. The assistant shall carry the department's letter of authority whenever conducting activities authorized pursuant to the subsection.
(5) The department shall report to the commission within 18 months of the enactment of these provisions on the merits of the program. The department shall make a recommendation to the commission to either continue or discontinue the program, based on achievements and problems associated with the administration of these provisions.
NOTE

Authority cited: Sections 713, 1050, 9054 and 9055, Fish and Game Code. Reference: Sections 713, 1050, 7850, 7852.2, 7857, 9054 and 9055, Fish and Game Code.
HISTORY

1. New section filed 1-16-74 as an emergency; effective upon filing (Register 74, No. 3).
2. Certificate of Compliance filed 3-12-74 (Register 74, No. 11).
3. Amendment of subsection (c) filed 10-7-74; effective thirtieth day thereafter (Register 74, No. 41).
4. New subsection (f) filed 3-15-77 as an emergency; effective upon filing (Register 77, No. 12).
5. Certificate of Compliance filed 6-9-77 (Register 77, No. 24).
6. Editorial correction of subsection (f) filed 12-29-82 (Register 83, No. 1).
7. Repealer of subsection (f) filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
8. Repealer and new section filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).
9. New subsection (a)(4) filed 7-27-87 as an emergency; operative 7-27-87 (Register 87, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-24-87.
10. Certificate of Compliance filed 10-22-87 (Register 87, No. 43).
11. Amendment of subsection (d) and new subsections (i)-(k) filed 10-22-87; operative 11-21-87 (Register 87, No. 43).
12. Amendment filed 2-6-89; operative 3-8-89 (Register 89, No. 8).
13. Amendment of subsection (n) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
14. Amendment of subsections (b), (c), (d), (e), (g), (m), (o) and (p) filed 5-8-90; operative 6-7-90 (Register 90, No. 24).
15. Amendment of subsections (m)(1)-(3) and renumbering, (p)(1)-(2) and new subsection (p)(4) filed 7-7-92; operative 8-6-92 (Register 92, No. 28).
16. New subsections (q)-(q)(6) filed 7-8-93; operative 7-8-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 28).
17. Amendment of section and Note filed 3-30-94; operative 3-30-94 (Register 94, No. 13).
18. Amendment of section and Note filed 8-6-98; operative 8-6-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 32).
19. Amendment filed 9-2-2003; operative 10-2-2003 (Register 2003, No. 36).
20. Redesignation and amendment of portion of subsection (a) as new subsection (a)(1) and new subsection (a)(2) filed 10-6-2003; operative 11-5-2003 (Register 2003, No. 41).
21. New subsection (n)(1), subsection renumbering, amendment of newly designated subsections (n)(2)-(3) and amendment of subsection (o)(4) filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
22. Amendment of subsections (c)-(c)(2) and (e)(1)-(2), repealer and new subsection (g), amendment of subsections (l)(1)-(2), repealer of subsections (l)(3)-(4), subsection renumbering and amendment of subsection (m) filed 6-30-2008; operative 6-30-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 27). 
23. Amendment of subsections (e)(1) and (f) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§121. Lobsters, Spiny.  Possession During Closed Season.
Note     •     History

No spiny lobsters may be sold or possessed during the closed season except as follows: Lobsters taken or imported during the open season which were cooked and frozen or frozen prior to the close of the open season, and lobsters imported into California during the twenty-six (26) days following the close of the open season, provided such lobsters were cooked and frozen or frozen prior to importation. During the closed season, after the twenty-six (26) day importation period, no spiny lobsters may be possessed on any boat, barge, or vessel.
NOTE

Authority cited: Sections 240 and 2365, Fish and Game Code. Reference: Sections 240, 2365 and 8254, Fish and Game Code.
HISTORY

1. Amendment filed 7-31-68; effective thirtieth day thereafter (Register 68, No. 29). For prior history, see Register 58, No. 1.
2. Amendment filed 3-12-74 as an emergency; effective upon filing (Register 74, No. 11).
3. Certificate of Compliance filed 6-5-74 (Register 74, No. 23).
4. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
5. Amendment of section heading filed 3-21-90; operative 3-21-90 (Register 91, No. 41).
6. Editorial correction of HISTORY 5. (Register 91, No. 41).
§121.5. Lobsters, Spiny. Verification of Size.
Note     •     History

(a) All California spiny lobsters (Panulirus interruptus) taken, possessed, transported or sold must be maintained in such a condition that their size can be determined pursuant to Fish and Game Code Section 8252 until prepared for immediate consumption or sold to the ultimate consumer except as provided for in subsection (b) below.
(b) California spiny lobsters may be split along the midline of the carapace by persons licensed pursuant to Fish and Game Code Section 8034 (Fish Processors License) or Section 8037 (Commercial Fish Business License) provided both halves of each lobster are kept together by banding or packaging until either displayed for purchase by the ultimate consumer or prepared for immediate consumption.
NOTE

Authority cited: Sections 240, 2365 and 8254, Fish and Game Code. Reference: Sections 240, 2365 and 8254, Fish and Game Code.
HISTORY

1. New section filed 3-21-90 as an emergency; operative 3-21-90 (Register 90, No. 13). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-19-90.
2. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 41).
3. New section filed 3-10-93 as an emergency; operative 3-10-93 (Register 93, No. 11). A Certificate of Compliance must be transmitted to OAL 6-8-93 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 9-27-93 with amendment of subsection (b); operative 10-27-93 (Register 93, No. 40). 
§122. Lobsters, Permits to Take.
Note     •     History

(a) Classes of Lobster Permits.
(1) There is a transferable lobster operator permit, a non-transferable lobster operator permit and a lobster crewmember permit.
(2) Under operator permits issued by the department, licensed commercial fishermen may take spiny lobsters for commercial purposes, but only with traps used pursuant to Fish and Game Code Section 9010, except that such traps shall only be used in Districts 18, 19, 20A, and that part of District 20 southerly of Santa Catalina Island between Southeast Rock and China Point. No other method of take is authorized for the commercial harvest of spiny lobsters.
(3) Any licensed commercial fisherman not eligible to obtain a lobster operator permit pursuant to this section may purchase a lobster crewmember permit, authorizing him/her to accompany the holder of a lobster operator permit and to assist that person in the commercial take of spiny lobster.
(4) Exemption from Tidal Invertebrate Permit. A lobster operator or crewmember operating under the provisions of a lobster permit is not required to possess a Tidal Invertebrate Permit, but is subject to the provisions of Section 123.
(b) Each lobster permit shall be issued annually and shall be valid for the period of the commercial lobster season. Each operator and crewmember permittee shall have his/her permit in possession when taking lobsters. 
(c) Except as provided in this section, a permit shall not be assigned or transferred, and any right or privilege granted thereunder is subject to revocation, without notice, by the Fish and Game Commission, at any time. 
(d) Applicants for the renewal of lobster operator permits shall have held a valid lobster operator permit, that has not been suspended or revoked, in the immediately preceding permit year.
(e) The holder of a valid lobster operator permit that has not been suspended or revoked, from the immediately preceding permit year shall be eligible to purchase a lobster operator permit of the same classification.
(f) Procedures and Deadline for Permit Renewal.
Applications for renewal of transferable and non-transferable lobster operator permits must be received by the department or if mailed, postmarked not later than April 30 of each year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2. Any person denied a permit under these regulations may request a hearing before the commission to show cause why his/her permit request should not be denied. Such request must be received by the commission within 60 days of the department's denial.
(g) No SCUBA equipment or other breathing device may be used to assist in the take of lobster on any boat being operated pursuant to a commercial lobster permit. 
(h) All provisions of the Fish and Game Code and regulations of the Fish and Game Commission relating to lobsters shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction or control.
(i) No lobster trap used under authority of this permit shall be pulled or raised or placed in the water between one hour after sunset to one hour before sunrise. 
(j) All lobster traps and receivers impounding lobsters shall be individually buoyed. The buoys must be on the surface of the water, except after the first Tuesday in October when buoys may be submerged by means of metallic timing devices, commonly called “pop-ups.”
(k) Each buoy identifying a lobster trap shall display the commercial fishing license identification number of the lobster operator permit holder followed by the letter P. The commercial fishing license number and the letter P shall be in a color which contrasts with that of the buoy and shall be at least one (1) inch in height and at least one-eighth (1/8) inch in width.  All lobster permit holders shall maintain lobster trap buoys in such a condition that buoy identifying numbers are clearly readable.
(l) Any person pulling or raising lobster traps and receivers bearing a commercial fishing license number other than his/her own must have in his/her possession from the party who holds the permit assigned to said gear written permission to pull the traps, or receivers. 
(m) The employees of the department may disturb or move any lobster trap at any time while such employees are engaged in the performance of their official duties and shall inspect any lobster trap to determine whether it is in compliance with all provisions of the Fish and Game Code and regulations of the commission. 
(n) During the closed season for the taking of spiny lobster, no buoy attached to any trap may be marked in such manner as to identify the trap as a lobster trap, except that legally marked lobster traps may be placed in the water not more than six (6) days before the opening of the season and may remain in the water for not more than six (6) days after the close of the season, if the door or doors to such traps are wired open, the trap is unbaited, the buoy remains at the surface of the ocean, and no attempt is made to take spiny lobsters. 
(o) Restricted fishing areas. 
(1) No lobster trap used under the authority of this permit shall be used within 750 feet of any publicly-owned pier, wharf, jetty or breakwater; however, such traps may be used to within 75 feet of any privately-owned pier, wharf, jetty or breakwater. 
(2) No lobster traps shall be set or operated within 250 feet of the following specified navigation channels. 
(A) Newport Bay: Starting at the demarcation line at the entrance to Newport Bay and extension of the west side channel line, proceed southeasterly on a bearing of 151o magnetic one nautical mile; then northeasterly 44o magnetic 500 feet; then northwesterly 331o magnetic one nautical mile to the demarcation line and an extension of the east side channel line.
(B) Dana Point Harbor: Starting from Dana Point east jetty light “6,” proceed on a bearing of 120o magnetic 450 yards to red buoy “4”; then south 180o magnetic one nautical mile; then westerly 270o, 300 yards; then north 0o magnetic approximately one nautical mile to Dana Point Harbor light “5.” 
(C) Oceanside Harbor: Starting from Oceanside Harbor breakwater light “1,” proceed on a bearing of 225o magnetic for one nautical mile; then southeast for 450 yards on a bearing of 110o magnetic; then northeast on a bearing of 35o magnetic for one nautical mile to Oceanside Harbor south jetty light “2”; then west-southwest on a bearing of 253o to the point of beginning at Oceanside Harbor breakwater light “1.”
(p) Records. Pursuant to section 190 of these regulations, any person who owns and/or operates any vessel used to take lobsters shall complete and submit an accurate record of his/her lobster fishing activities on a form (Daily Lobster Log, DFG 122 (7/96), incorporated herein by reference) provided by the department.
(q) The person required to submit logs pursuant to these regulations shall have complied with said regulations during the immediate past license year, or during the last year such person held a permit, in order to be eligible for a successive year annual permit. 
(r) Procedures, Timelines on Permit Transfers.
(1) The holder of a valid transferable lobster operator permit that has not been suspended or revoked may transfer his/her permit to another person licensed as a California commercial fisherman. The application to transfer a permit shall be in the form of a notarized letter from the existing permit holder identifying the transferee and shall include the original transferable lobster operator permit, a copy of the transferee's commercial fishing license and a nonrefundable permit-transfer fee as specified in Section 705. The application shall be submitted to the department's License and Revenue Branch, 1740 N. Market Blvd., Sacramento, CA 95834. The transferable lobster operator permit shall be valid for the remainder of the current lobster season and may be renewed in subsequent years pursuant to these regulations. If the transferee holds a non-transferable lobster operator permit, that permit shall be cancelled.
(2) The estate of the holder of a transferable lobster operator permit may renew that permit as provided for in these regulations if needed to keep it valid. The estate of the decedent may transfer that permit pursuant to these regulations no later than one year from the date of death of the permit holder as listed on the death certificate.
(3) Upon the death of the individual to whom a non-transferable Lobster Operator Permit is issued, the permit shall become null and void.
NOTE

Authority cited: Sections 1050, 8254 and 8259, Fish and Game Code. Reference: Sections 1050, 2365, 7852.2, 8043, 8046, 8250-8259, 9002-9006 and 9010, Fish and Game Code. 
HISTORY

1. Amendment of subsection (k) filed 10-12-77 as an emergency; effective upon filing (Register 77, No. 42). For prior history, see Register 73, No. 50. 
2. Certificate of Compliance filed 12-16-77 (Register 77, No. 51). 
3. Amendment of subsections (g) and (i) and new subsections (m) and (n) filed 5-15-80; effective thirtieth day thereafter (Register 80, No. 20). 
4. Editorial correction of subsection (m) (Register 81, No. 19)
5. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
6. New subsection (j) and relettering of subsections (j)-(n) to subsections (k)-(o) filed 10-5-82; effective thirtieth day thereafter (Register 82, No. 41). 
7. Amendment of subsection (g) filed 11-17-83; effective thirtieth day thereafter (Register 83, No. 47). 
8. Amendment of subsection (l) filed 1-17-85; effective thirtieth day thereafter (Register 85, No. 3). 
9. Amendment of subsections (h) and (k) filed 1-15-86; effective thirtieth day thereafter (Register 86, No. 3). 
10. Amendment of subsection (m)  filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
11. Amendment of subsection (h) filed 9-4-90; operative 9-4-90 (Register 90, No. 42).
12. Amendment of subsection (a) and Note filed 11-1-94; operative 11-1-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 44).
13. Amendment of subsections (a)-(b) filed 9-6-95; operative 9-6-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 36).
14. Amendment of section and Note filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
15. Editorial correction of subsections (g) and (n) and Note (Register 98, No. 37).
16. Repealer of subsections (d)(1)-(d)(1)(B), amendment of subsection (f)(1) and new subsection (o)(2)(C) filed 9-9-98; operative 9-9-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 37).
17. Amendment redesignating former subsection (e)(1) as subsection (e), redesignating and amending former subsection (f)(1) as subsection (f) and repealing subsections (e)(2) and (f)(2)-(f)(3) filed 6-16-2003; operative 7-16-2003 (Register 2003, No. 25).
18. New subsection (i) and subsection relettering filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
19. Amendment of section and Note filed 7-13-2005; operative 7-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 28). 
20. Amendment of subsection (f) and Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28). 
21. Amendment filed 10-7-2009; operative 11-6-2009 (Register 2009, No. 41).
22. Amendment of subsection (r)(1) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§123. Tidal Invertebrates.
Note     •     History

Marine invertebrates shall not be taken for commercial purposes in any tide pool or tidal area, including tide flats or other areas between the high tide mark and 1,000 feet beyond the low tide mark of any natural or constructed shoreline, except as otherwise provided in this section. Revocable Tidal Invertebrate Permits may be issued by the department in accordance with the following regulations:
(a) Qualifications of Permittee.
The applicant must be a licensed commercial fisherman. If a vessel is used in taking or transporting tidal invertebrates for commercial purposes, the vessel must be currently registered and all fishermen on the vessel must possess a valid Tidal Invertebrate Permit.
(b) Application and fees.
The applicant for a permit shall submit the fees and the completed application, as specified in Section 705, to the address listed on the application. 
(c) Permit Exemption.
Commercial fishermen taking only lobster, sea cucumber, squid, crab or sea urchin need not possess the permit as required in this section but are subject to the provisions of this section and must have the appropriate permits to take such species as required by Fish and Game Code sections 8254, 8405, 8421, 9001 and 9054, and regulations adopted pursuant thereto.
(d) Provisions of this section do not apply to commercial fishermen taking freshwater clams or crayfish in inland waters.
(e) Permit Conditions.
(1) Under the terms of a Tidal Invertebrate Permit issued pursuant to this section only the following invertebrates may be take for commercial purposes: barnacles, chiones, clams, cockles, sand crabs, limpets, mussels, sand dollars, octopuses, shrimp, sea hares, starfish, worms and native oysters subject to the following restrictions:
(A) Marine worms shall not be taken in any mussel bed, nor shall any person pick up, remove, detach from the substrate any other organisms, or breakup, remove, alter or destroy any rock or other substrate or surfaces to which organisms are attached to obtain marine worms.
(B) Clams may only be taken in accordance with restrictions listed pursuant to Fish and Game Code sections 8340-8343, and 8346.
(2) Marine invertebrates may not be taken for commercial purposes in state marine reserves or state marine parks. Commercial take of marine invertebrates may be limited in state marine conservation areas pursuant to specific regulations in subsection 632(b).
NOTE

Authority cited: Sections 713, 1050, 7857 and 8500, Fish and Game Code. Reference: Sections 713, 1050, 7857, 8254, 8305.5, 8306.8, 8396, 8500, 9001 and 9054, Fish and Game Code.
HISTORY

1. Amendment of subsection (f)(2) filed 12-15-77; effective thirtieth day thereafter (Register 77, No. 51). For prior history, see Register 77, No. 4.
2. Amendment of subsection (f)(1) filed 10-11-78; effective thirtieth day thereafter (Register 78, No. 41).
3. Amendment of subsections (f)(1) and (2) filed 3-14-80; effective thirtieth day thereafter (Register 80, No. 11).
4. Amendment filed 1-15-81; effective thirtieth day thereafter (Register 81, No. 3).
5. Editorial correction of subsection (d) (Register 81, No. 9).
6. Amendment of subsection (f)(1) filed 4-26-84; effective thirtieth day thereafter (Register 84, No. 17).
7. Amendment of subsection (f)(1) filed 10-11-85; effective thirtieth day thereafter (Register 85, No. 41).
8. Amendment of subsection (f)(2)(A) filed 12-21-90; operative 1-20-91 (Register 91, No. 4).
9. Amendment of subsection (c) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
10. Amendment of subsection (d) and Note filed 7-7-92; operative 8-6-92 (Register 92, No. 28).
11. Amendment filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
12. Repealer and new subsection (b), repealer of subsection (c), subsection relettering and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§124. Halibut Trawling.
Note     •     History

(a) Areas. Section 8495 of the Fish and Game Code designates the California Halibut Trawl Grounds as certain state waters along the mainland shore between Point Arguello and Point Mugu and specifies that this area is open to trawling when the season is open. Subdivision 8495(c) specifies four sub-areas within the California Halibut Trawl Grounds that will close to trawling commencing April 1, 2008, unless the commission makes findings as defined in that subdivision.
(1) Open Areas. Because the commission has made the requisite findings for three of the aforementioned four sub-areas within the California Halibut Trawl Grounds, the commission authorizes the following waters to remain open to trawling commencing June 16, 2008, and thereafter when the season is open, notwithstanding subdivision 8495(c) of the Fish and Game Code:
(A) Rocky Point (near Point Arguello) to Point Conception: From a line extending from Rocky Point true south (180o) and out three miles, the ocean waters extending south and east lying between one and three nautical miles from the mainland shore to a line extending true west (270o) from a point on land approximately one-half mile north of Point Conception at latitude 34o 27.5'.
(B) Santa Barbara Point to Pitas Point: The ocean waters lying between one and two nautical miles from the mainland shore lying east of a line extending true south (180o) from Santa Barbara Point and west of a line extending true south (180o) from Pitas Point.
(C) Hueneme Canyon to Laguna Point: From the eastern border of the IMO Vessel Traffic safety zone on NOAA/NOS Chart 18725 in Hueneme Canyon, the ocean waters extending south and east lying between one and three nautical miles from the mainland shore to a line extending true south (180o) from Laguna Point.
(2) Closed Areas. The waters permanently closed to trawling within the California Halibut Trawl Grounds are those specified in subdivision 8495(b) of the Fish and Game Code, and the following sub-area identified in subdivision 8495(c) of the Fish and Game Code:
(A) Point Conception to Gaviota: The ocean waters between one and three nautical miles from the mainland shore lying east of a line extending true south (180o) from a point on land approximately 1/2 mile east of Point Conception at longitude 120o 27.5', and west of a line extending due south from Gaviota.
(b) Gears. Special gear requirements apply while trawling for California halibut in the California Halibut Trawl grounds. Each trawl net, including trawl doors and footrope chain, shall meet the following requirements: 
(1) Each trawl net shall have a headrope not exceeding 90 feet in length. The headrope is defined as a chain, rope, or wire attached to the trawl webbing forming the leading edge of the top panel of the trawl net. Headrope shall be measured from where it intersects the bridle on the left side of the net to where it intersects the bridle on the right side of the net. 
(2) The thickness of the webbing of any portion of the trawl net shall not exceed 7 millimeters in diameter. 
(3) Each trawl door shall not exceed 500 pounds in weight. 
(4) Any chain attached to the footrope shall not exceed one quarter inch in diameter of the link material. The footrope is defined as a rope or wire attached to the trawl webbing forming the leading edge of the bottom panel of the trawl net. 
(5) The trawl shall have no rollers or bobbins on any part of the net or footrope. Rollers or bobbins are devices made of wood, steel, rubber, plastic, or other hard material that encircle the trawl footrope. These devices are commonly used to either bounce or pivot over seabed obstructions, in order to prevent the trawl footrope and net from snagging on the seabed. 
NOTE

Authority cited: Sections 8841 and 8495, Fish and Game Code. Reference: Sections 8392, 8494, 8495, 8496, 8497, 8830, 8831, 8837, 8840, 8841 and 8843, Fish and Game Code.
HISTORY

1. New section filed 8-12-2008; operative 8-12-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 33).
2. Amendment of subsection (a)(2)(A), new subsections (b)-(b)(5) and amendment of Note filed 7-14-2009; operative 8-13-2009 (Register 2009, No. 29).
§124.1. California Halibut Bottom Trawl Vessel Permits.
Note     •     History

(a) California Halibut Bottom Trawl Vessel Permits shall be issued pursuant to Section 8494 of the Fish and Game Code.
(b) Renewal. Beginning April 1, 2009, and thereafter, applications and fees specified in Section 705 for renewal of California Halibut Bottom Trawl Vessel Permits shall be received by the department, or if mailed, postmarked, on or before April 30 of each permit year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
NOTE

Authority cited: Sections 1050 and 8494(h), Fish and Game Code. Reference: Sections 1050, 7852.2 and 8494, Fish and Game Code. 
HISTORY

1. New section filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28). 
2. Amendment of subsection (b) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§125. Commercial Rock Crab Permits.
Note     •     History

(a) Permit Required for Take Using Trap Gear.
Effective April 1, 2005, any person using traps to take, possess aboard a vessel, use as bait, or land rock crab, as defined in Fish and Game Code section 8275(c), for commercial purposes shall have a valid general trap permit issued pursuant to Fish and Game Code Section 9001 and either a northern or southern rock crab trap permit as described in this Section that has not been suspended or revoked.
(1) Presence of Permit Holder Aboard a Vessel. At least one rock crab trap permit holder shall be on board at all times when taking, possessing aboard a vessel, using as bait, or landing rock crab using trap gear. If a support vessel is used, a rock crab trap permit holder shall be on each vessel when taking rock crab. 
(A) Any person pulling or raising rock crab traps or receivers bearing a commercial fishing license number other than his/her own shall have in his/her possession from the permit holder assigned to said gear written permission to pull the traps and shall possess a valid northern rock crab trap permit or a southern rock crab trap permit depending on which area the traps are set as defined in Sections 125(c)(1) and (2). 
(2) Crewmembers. Any licensed commercial fisherman working on a vessel utilizing commercial rock crab trap gear shall possess a valid general trap permit that has not been suspended or revoked. Crewmembers are not required to hold a rock crab trap permit.
(3) Fishermen holding lobster operator or crewmember permits issued pursuant to Fish and Game Code Section 8254 and Section 122, Title 14, CCR, taking rock crab incidentally as authorized in Fish and Game Code Section 8250.5 during the lobster fishing season specified in Fish and Game Code Section 8251 and in lobster trap gear as defined in Fish and Game Code Section 9010, are exempt from the rock crab trap permit requirements of this Section.
(4) Exemption from Tidal Invertebrate Permit. Tidal Invertebrate permits issued pursuant to Section 123, Title 14, CCR, are not required for the commercial take of rock crab. 
(5) Revocation or suspension. A northern or southern rock crab trap permit may be revoked or suspended by the commission upon violation of the Fish and Game Code, or violation of regulations adopted by the Commission, by the holder thereof, his or her agent, employee, or person acting under his or her direction and control.
(b) Permit Conditions.
(1) Commercial rock crab trap permits are issued conditional upon all provisions of the Fish and Game Code and regulations of the Fish and Game Commission relating to crabs and traps.
(2) Pursuant to Fish and Game Code Section 9005, every trap or string of traps deployed for purposes of commercially harvesting rock crab shall be marked with a buoy.
(3) Timed buoy release mechanisms capable of submerging a buoy attached to a trap, commonly known as “pop-ups,” shall not be used on buoy lines attached to rock crab traps, and shall not be possessed by any commercial rock crab trap permittee on any vessel while taking or attempting to take rock crab.
(c) Permit Areas.
(1) The northern rock crab trap permit is required only in ocean waters between 42o00' N. lat. (the Oregon/California border) and 36o00' N. lat. (at Lopez Point, Monterey County).
(2) The southern rock crab trap permit is required only in ocean waters south of 36o00' N. lat. (at Lopez Point, Monterey County).
(d) Northern Rock Crab Trap Permit Issuance.
(1) An individual is eligible to purchase a northern rock crab trap permit if he or she meets the following criteria:
(A) The individual is a licensed commercial fisherman; and
(B) The individual possesses a valid general trap permit issued pursuant to Fish and Game Code Section 9001 that has not been suspended or revoked.
(2) To apply for a permit, each year eligible individuals shall submit to the department the application indicated in, and fee specified in Section 705.
(e) Transferable Southern Rock Crab Trap Permit Issuance. 
(1) 30 calendar days after the effective date of these regulations, each individual possessing a valid southern rock crab trap permit that has not been suspended or revoked shall have his or her permit designated by the department as a transferable southern rock crab trap permit. The permit holder may apply to transfer that permit to another person who possesses a valid commercial fishing license issued pursuant to Section 7852 of the Fish and Game Code that has not been suspended or revoked, and a valid general trap permit issued pursuant to Section 9001 of the Fish and Game Code that has not been suspended or revoked. Transfer applications shall be completed by the permit holder, or the estate of a deceased permit holder. 
(2) The application to transfer a southern rock crab trap permit shall be in the form of a notarized letter from the existing permit holder or the permit holder's estate that identifies the transferee, and shall include the original or a copy of the transferable southern rock crab trap permit, a copy of the transferee's commercial fishing license and general trap permit, and the permit transfer fee specified in Section 705. The application shall be submitted to the department's License and Revenue Branch, 1740 N. Market Boulevard, Sacramento, CA 95834. Subject to the limitations described in subsection (e)(3), each eligible transferee shall be issued a southern rock crab trap permit that is valid for the remainder of the current permit year. The transferee may renew the southern rock crab trap permit in subsequent years pursuant to subsection (f).
(3) Not more than five (5) southern rock crab trap permits shall be transferred by the department during each permit year (April 1-March 31). Applications shall be processed in the order received in a permit year. Applications and transfer fees received after the annual limit of five (5) permit transfers has been reached shall be returned to the applicants. Applicants may resubmit their application on or after the first day of the following permit year for consideration. If on any given day the number of applications received is greater than the number of available transfers, the department shall conduct a manual drawing to determine which application(s) shall be processed. 
(4) The transfer limit imposed by this subsection shall not apply in the event of the death of a permit holder. The estate of the decedent may transfer the valid permit pursuant to subsection (e)(2) not later than two (2) years from the date of death of the permit holder as stated on the death certificate. 
(f) Southern Rock Crab Trap Permit Renewal.
(1) Southern rock crab trap permits shall be renewed annually.
(2) An individual is eligible to apply for renewal of a southern rock crab trap permit if he or she meets the following criteria: 
(A) The individual is a licensed commercial fisherman; 
(B) The individual possesses a valid general trap permit issued pursuant to Fish and Game Code Section 9001 that has not been suspended or revoked; and 
(C) The individual either held a valid southern rock crab trap permit during the immediately preceding permit year, or was issued a transferable southern rock crab trap permit pursuant to subsection (e). 
(3) To apply for a permit, each year eligible individuals shall submit to the department the renewal application indicated in and fee specified in Section 705. 
(4) All renewal applications indicated in and fees specified in Section 705 shall be received by the department, or, if mailed, postmarked on or before April 30 of each year. Late fees and late fee deadlines are specified in Fish and Game Code Section 7852.2.
(5) The eligibility requirements imposed by this subsection shall not apply in the event of the death of a permit holder. The estate of the decedent may renew the permit, for the purpose of maintaining its validity, for a period of two (2) years from the date of death of the permit holder as stated on the death certificate by contacting the department's License and Revenue Branch, 1740 N. Market Boulevard, Sacramento, CA 95834. If by the end of the two (2) year period the permit is not transferred pursuant to subsection (e)(2), the permit shall expire. 
(g) Appeals.
(1) Southern Rock Crab Trap Renewal Appeals. Late renewal appeal provisions are specified in Fish and Game Code Sections 7852.2 and 7858.
(h) Fees. 
(1) Northern rock crab trap permit. The department shall charge an annual fee as specified in Section 705. 
(2) Southern rock crab trap permit. The department shall charge an annual fee as specified in Section 705. 
(i) Restricted Access.
A control date of January 1, 2003 is established for the purpose of considering a future restricted access southern rock crab trap fishery. Landings on or after this date may not apply toward a permit in a future restricted access program for the southern rock crab trap fishery if one is developed.
(j) Landing Receipts. 
All landing receipts for rock crab required pursuant to Fish and Game Code Sections 8043 and 8047 shall indicate the species of rock crab as brown, red, or yellow, describing Cancer antennarius, C. productus, or C. anthonyi, respectively. 
NOTE

Authority cited: Sections 1050 and 8282, Fish and Game Code. Reference: Sections 1050, 7852.2, 7857, 7858, 8043, 8047, 8250.5, 8275, 8282, 8284, 9000, 9001, 9002, 9005, 9006 and 9011, Fish and Game Code.
HISTORY

1. New section filed 2-28-2005; operative 2-28-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 9). 
2. Amendment of section heading, new subsection (a)(4), repealer of subsection (g), subsection relettering and amendment of Note filed 5-3-2007; operative 6-2-2007 (Register 2007, No. 18).
3. Amendment of subsections (e)(2), (g)(2) and Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28). 
4. Amendment of section and Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§125.1. Commercial Take of Rock Crab; Size Limit; Use of Rock Crab as Bait; Incidental Take Provisions.
Note     •     History

(a) Rock crab, as defined in Fish and Game Code section 8275(c), less than 4 1/4 inches, measured across the carapace in a straight line through the body, from edge of shell to edge of shell at the widest part, shall not be taken, possessed, bought, sold, or used as bait.
(b) Measuring requirements. Any person taking rock crab for any commercial purpose or for use as bait shall carry a measuring device and shall measure any rock crab immediately. Undersized rock crab shall be immediately returned to the water.
(c) Incidental take. Only the following species may be taken incidentally in rock crab traps being used to take rock crab under authority of a permit issued pursuant to Section 125. All other invertebrates and finfish shall be immediately released to the water.
(1) Kellet's whelk.
(2) Octopus.
(3) Crabs, other than the genus Cancer.
(d) Pursuant to Fish and Game Code Section 9001.7, rock crab may be used as bait in finfish traps. However, consistent with Fish and Game Code Section 5508, rock crab may not be possessed or maintained in such a condition that their size cannot be determined. Additionally, consistent with Fish and Game Code Section 5509, rock crab may not be possessed or maintained in such a condition that the species cannot be readily identified.
(1) All rock crabs shall be brought ashore and accounted for on a landing receipt pursuant to Fish and Game Code Sections 8043 and 8047 prior to being used as bait. The total pounds of all three species of rock crab to be used as bait from each landing shall be recorded in the space marked “Note Pad” on the landing receipt. 
(2) Rock crabs used as bait in finfish traps as described in subsection (d) above shall be documented on board the fishing vessel by a copy of the landing receipt pursuant to Fish and Game Code Sections 8043 and 8047 demonstrating that the crab to be used as bait has been landed prior to being used as bait. Copies of all landing receipts which document the catch of rock crabs that are used as bait shall be kept onboard the fishing vessel for a minimum period of 30 calendar days from the date of landing as listed on the landing receipt. 
NOTE

Authority cited: Section 8282, Fish and Game Code. Reference: Sections 8043, 8047, 8250.5, 8275, 8281, 8284, 9001.7 and 9011, Fish and Game Code.
HISTORY

1. New section filed 5-3-2007; operative 6-2-2007 (Register 2007, No. 18).
2. New subsections (d)(1)-(2) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§126. Commercial Take of Tanner Crab.
Note     •     History

(a) Permit Required for Take and Possession Using Trap Gear. Any vessel using traps to take, possess aboard a vessel, or land Tanner crab (Chionoecetes spp.) for commercial purposes shall have a valid Tanner Crab Trap Vessel Permit. Tanner crab taken incidentally in other trap fisheries may not be possessed and must be immediately returned to the water unless the vessel is issued a Tanner Crab Trap Vessel Permit. A Tanner Crab Trap Vessel Permit is not required to incidentally take, possess or land Tanner crab with gear other than trap gear. For purposes of this Section, the term “Tanner crab” includes all species of the genus Chionoecetes. 
(1) Permit Issuance Provisions. 
(A) An applicant is eligible to purchase a Tanner Crab Trap Vessel Permit for placement on a vessel if the following conditions are met: 
1. The vessel must be issued a valid commercial boat registration pursuant to Fish and Game Code Section 7881. 
2. The applicant must hold a valid commercial fishing license issued pursuant to Fish and Game Code Section 7850. 
3. The applicant must submit an application and permit fee as specified in Section 705. 
(B) There are no deadlines or late fees for purchase of a Tanner Crab Trap Vessel Permit. The sale of Tanner Crab Trap Vessel Permits is not restricted and therefore permits are not subject to renewal requirements. 
(2) Permit Fee. The Department shall charge a fee as specified in Section 705 for a Tanner Crab Trap Vessel Permit. 
(3) Other Permits Required, 
(A) Any person who operates or assists on any vessel for purposes of taking, transporting or landing Tanner crab under authority of a Tanner Crab Trap Vessel Permit shall possess a valid commercial fishing license issued pursuant to Fish and Game Code Section 7850, unless expressly exempted by that Section. 
(B) Any person operating under authority of Fish and Game Code Section 7850 who operates or assists on any vessel when trap gear is aboard for purposes of taking, transporting or landing Tanner crab under authority of a Tanner Crab Trap Vessel Permit shall also possess a valid General Trap Permit issued pursuant to Fish and Game Code Section 9001. 
(4) Tanner Crab Trap Construction Requirements, Specifications, and Limits. 
(A) State Trapping Requirements. As a condition of this permit, Tanner crab traps and commercial Tanner crab trap fishing activities are subject to statutes and regulations that define and specify the following general trap requirements: trap logbooks and submission requirements, trap destruction devices, disturbing traps of another, trap servicing intervals not to exceed 96 hours, trap marker buoys, and other trap and buoy identification requirements. These statutes and regulations are defined in Fish and Game Code sections 9001, 9002, 9003, 9004, 9005, 9006, 9007, and 9008, and sections 180, 180.2, 180.5, 190, Title 14, CCR. 
(B) Trap Construction and Dimensional Requirements. 
1. Escape Ports. Every Tanner crab trap shall have at least three openings of at least 4.5 inches in diameter in the side or upper panels of the trap to allow for escapement of undersized crab. The 4.5-inch measurement of the opening shall be taken at its smallest inside diameter. The openings may be constructed with a rigid opening such as a ring or as part of a mesh panel. At the time of measurement, the trap shall be set upright as if it were in use. If the opening is non-rigid or contained within pliable mesh, the smallest inside diameter measurement shall be taken so that a rigid cylindrical measuring device 4.5 inches in its outside diameter and at least three inches in length shall be able to pass easily through the opening. 
2. Trap Dimensional Requirements. Tanner crab traps must not be more than 10 feet long and not more than 10 feet wide and not more than 42 inches high, as measured by the greatest distance in each dimension. 
(C) Trap Destruction Devices. Traps utilized under authority of a Tanner Crab Trap Vessel Permit must contain a trap destruction device meeting the requirements for Tanner crab traps specified in Section 180.2, Title 14, CCR. 
(D) Prohibition on Pop-Ups. Timed buoy release mechanisms capable of submerging a buoy attached to a trap, commonly known as “pop-ups,” shall not be used on buoy lines attached to Tanner crab traps, and shall not be possessed by any commercial vessel while taking, attempting to take, or possessing Tanner crabs. 
(E) Depth Requirement. Tanner crab traps shall only be placed or otherwise used in water depths greater than 300 fathoms. 
(F) Vessel Buoy Marking Requirement. In addition to the trap and buoy marking requirements specified in Fish and Game Code section 9006 and 9007, every string of traps shall be marked with a buoy on each end of the string that is marked with the vessel's commercial boat registration number issued by the department pursuant to Fish and Game Code Section 7881. A vessel fishing under authority of a Tanner Crab Trap Vessel Permit may only take, possess aboard a vessel, transport, deliver, or land Tanner crab from traps marked with the vessel's own registration number. The vessel's registration number on each buoy shall be preceded by the letters “TC.” The numbers and letters shall be in a color which contrasts with the color of the buoy. A line thickness no less than 1/8 inch shall be used to create letters and numbers which shall be no less than two (2) inches in height and no less than one (1) inch in greatest width. The permit holder shall maintain the buoys so that the registration numbers and the letters “TC” are legible and easily determined. 
(G) Disturbing Traps Prohibited. It is unlawful to willfully or recklessly disturb, move or damage any trap or attachment thereof that belongs to another owner and that is marked with a vessel registration number and the letters “TC.” However, a person aboard a permitted vessel may pull or raise a trap marked with a buoy bearing a vessel registration number and the letters “TC” other than his own, but must have written permission in his or her immediate possession from the permittee whose vessel registration number is marked on the buoy. This subsection does not apply to employees of the department while engaged in the performance of official duties. Employees of the department may disclose the name, address, and registration number of Tanner Crab Trap Vessel permittees to representatives of public safety agencies to assist in the return of traps and attachments to their proper owners. This subsection does not create any duty on any state or local agency to remove or move a trap, line, or buoy that may endanger the public safety and does not create any liability to Part 2 (commencing with Section 814) of Division 3.6 of Title 1 of the Government Code. 
(H) Trap and String Limits. No more than 480 traps may be submerged or otherwise used per permitted vessel. Not more than six strings with not more than 80 traps per string shall be submerged or otherwise used. All traps must be fished on a string of traps. For purposes of this Section, “string” means individual traps that are connected by line or other means. 
(5) Processing at Sea. Vessels may process crabs at sea and land them in a condition other than whole pursuant to the requirements of this Section. 
(A) For purposes of this Section, the term “processing” shall not be equated to the term or activity of “Process fish” as defined in Fish and Game Code Section 8031. 
(B) If Tanner crab is not landed in the round, the whole-weight conversion factor that shall be applied is 1.61. At the time the landing receipt is completed pursuant to Fish and Game Code Section 8043, the processed weight shall be recorded in the “Pounds” section and the converted whole weight, in pounds, shall be recorded in the space marked “Note Pad” on the landing receipt. 
(C) For purposes of landing tax payments as required and specified by Fish and Game Code sections 8041 and 8051, for Tanner crab landed in processed condition, tax payments shall be computed and paid based on the converted whole weight. 
(6) Cumulative Vessel Trip Limits. 
(A) A cumulative trip limit is the total number of pounds of Tanner crab that may be taken and retained, possessed, or landed by a vessel in a two-month period without a limit on the number of landings or trips. The cumulative trip limit per vessel per designated two-month limit period is 250,000 pounds of whole crab. For purposes of calculating catch against a cumulative vessel trip limit, all landings of processed crab shall be converted to the whole-weight equivalent as described in subsection (a)(5)(B). 
(B) Cumulative trip limit periods start at 0001 hours local time, end at 2400 hours local time, and are in two month periods as follows: 
1. January 1 through the last day of February, 
2. March 1-April 30, 
3. May 1-June 30, 
4. July 1-August 31, 
5. September 1-October 31, 
6. November 1-December 31. 
(C) All landings made in a vessel's registration number listed on landing receipts submitted to the department pursuant to Fish and Game Code Section 8043 count toward the cumulative trip limit for the two month period that corresponds to the date on the receipt. Such receipts must accurately record the weight of Tanner crab landed. 
(D) Copies of all landing receipts which document the catch of Tanner crab shall be kept onboard the fishing vessel throughout, and for 15 days following, each period for which cumulative landings by individual vessels are limited. 
(E) When the seasonal catch limit defined in subsection (b) is reached and action to close the fishery is taken, cumulative trip limits defined in this subsection become inoperative. 
(7) Incidental Landings and Allowances. 
(A) No more than five percent of the total possessed or landed catch by weight may be comprised of invertebrates other than Tanner crab. All crab and other invertebrates taken in Tanner crab traps, except for crab of the genus Cancer (including but not limited to Dungeness crab and rock crab) may be landed and sold incidentally under authority of a Tanner Crab Trap Vessel Permit. 
(B) All finfish taken in Tanner crab traps, with the exception of sablefish, shall immediately be returned to the water. Sablefish may be landed if authorized pursuant to Federal groundfish regulations. 
(C) No invertebrates or finfish taken in Tanner crab traps may be used as bait. 
(8) Observer Requirements and Cooperation with Observer Programs. 
(A) Each permittee is required to carry an observer onboard to gather biological, fishery and bycatch information during Tanner crab fishery operations according to the specifications defined in this subsection. The permittee shall contract with either a National Marine Fisheries Service (NMFS)-certified observer provider firm, or a private individual who is certified either as a NMFS observer or as a crab observer by the Alaska Department of Fish and Game. The Tanner Crab Trap Vessel permittee shall be liable for a violation of any terms or conditions of this subsection. 
1. Prior to contracting, the permittee is required to acquire department approval of the selected provider firm or private individual. The department shall review the qualifications of the observer with whom the vessel wishes to contract with, and may reject the individual or firm. Request for department approval shall be directed to the department's Marine Region Regional Manager or his or her designee, and must be sought by phone at (562) 342-7108, and in writing to the department's office at 4665 Lampson Avenue, Suite C, Los Alamitos, CA 90720. Requests for approval must be made at least 60 days prior to the planned commencement of fishing activity. At the time the request is made, the permittee must also notify the department of the anticipated start date of fishing activity. 
2. As a condition of the contract, the observer shall collect biological and fishery data as requested by the department. Data to be collected by the observer shall include vessel identification, date and time, information on catch, incidental take, sex ratio, size, maturity, condition and quality factors, weight, discards, gear specifications, vessel position and depth, trap soak time, number of traps set and pulled, and a summary of the vessel's daily activities and interactions with other vessels or fisheries compiled in a daily observation report. As needed, the department may request the observer to provide additional information that is similar in scope and nature to the aforementioned items. The permittee is required to ensure that while aboard, the observer is gathering data at all times when the vessel is engaged in fishing activity. 
3. The department will provide all necessary sampling materials, equipment and a computer to the selected provider firm or individual for the observer's use aboard the vessel. The permittee shall ensure that the sampling materials, equipment and computer are returned to the department following completion of the observer's duties. Observer safety equipment needs and safety specifications shall be arranged by the permittee with the selected provider firm or private individual, and shall not be the responsibility of the department. 
4. The contract between the permittee and the selected provider firm or private individual shall specify that data collected aboard the vessel shall be the property of the department. 
5. The permittee shall ensure that all data collected or reported by the observer shall be delivered to the department office at 4665 Lampson Avenue, Suite C, Los Alamitos, CA 90720 on or before the 10th day of each month following the month to which the observer's records pertain. Observer records that are mailed shall be postmarked on or before the 10th day of each month following the month to which the records pertain. 
6. The permittee shall ensure that the data and all reports and documentation are collected by the observer on paper data sheets, entered into a computer provided by the department, and provided to the department in electronic format according to the submission procedures described in this subsection. Paper data sheets used onboard the vessel shall be included with the electronic data submitted to the department. 
(B) As a condition of a Tanner Crab Trap Vessel Permit, the permittee is required to have an observer onboard at the time the vessel's fishing activity commences each fishing season, and during all fishing operations that occur over the sixty consecutive days that follow. A vessel's fishing activity commences at the time that a trap is deployed for purposes of commercially harvesting Tanner crab. 
(C) All vessels and persons operating under authority of a Tanner Crab Trap Vessel Permit are subject to provisions of Section 105.5, Title 14, CCR. The crew must allow personnel designated by the department to board any commercial fishing vessel, conveyance, or other mechanical device used under authority of a Tanner Crab Trap Vessel Permit, to observe or inspect equipment, procedures, crabs, other invertebrates or fish. 
(9) Permit Revocation and Violations. 
(A) Pursuant to Fish and Game Code subsection 1052(b), a Tanner Crab Trap Vessel Permit shall be revoked if the applicant or permittee submits false information for the purposes of obtaining a permit. 
(B) Any Tanner Crab Trap Vessel Permit may be suspended, revoked or cancelled by the commission upon notice by the department of a violation by a permit holder, or any person acting under authority of his or her permit, of Fish and Game Code sections 9001, 9002, 9003, 9004, 9005, 9006, 9007, and 9008, sections 105.5, 180, 180.2, 180.5, 190, Title 14, CCR, the regulations of this Section, or other provisions of the Fish and Game Code or regulations of the Fish and Game Commission relating to crabs, traps, and times or areas closed to fishing. 
(C) The Tanner Crab Trap Vessel Permit holder shall be liable for any violations committed by him or her of Fish and Game Code sections 9001, 9002, 9003, 9004, 9005, 9006, 9007, and 9008, sections 105.5, 180, 180.2, 180.5, 190, Title 14, CCR, the regulations of this Section, or other provisions of the Fish and Game Code or regulations of the Fish and Game Commission relating to crabs, traps, and times or areas closed to fishing. The Tanner Crab Trap Vessel Permit holder shall also be liable for violations committed by any other person operating under the authority of his or her permit. Additionally, any such other person is liable for his or her own violations. 
(b) Seasonal Catch Limit. For the period from April 1 through March 31 of the following year, a total of not more than two million pounds of Tanner crab may be landed in California. For purposes of this catch limit, all landings of processed crab shall be converted to the whole-weight equivalent as described in subsection (a)(5)(B). The directed trap fishery closure shall be implemented as follows: 
(1) Mechanism for Fishery Closure. The department will estimate from the current trends in catch and using available scientific information the time at which the catch limit will be reached. The department will close the directed trap fishery at the time the catch limit is reached or is projected to be reached prior to the end of the fishing year. 
(2) The department shall give holders of Tanner Crab Trap Vessel Permits described in subsection (a) no less than 10 days notice of the closure via a notification letter sent to the permittee's address on file with the department. The department shall give the public and the commission no less than 10 days notice of the closure via a department news release. 
(3) When the Tanner crab catch limit has been reached, Tanner crab may continue to be taken incidentally in other fisheries where a Tanner Crab Trap Vessel Permit is not required. 
(c) Minimum Size Limit. Any species of Tanner crab must have a minimum carapace width of 5 inches measured by the greatest straight-line distance across the carapace at a right angle to a line midway between the eyes to the posterior margin, not including spines. Every person taking Tanner crabs shall carry a measuring device and any Tanner crab that is found to be undersized shall immediately be returned to the water. 
(d) Male-Only Fishery. Only male Tanner crabs may be retained and landed. All female Tanner crabs shall immediately be returned to the water. 
(e) Prohibition on Use as Bait. Tanner crabs may not be used as bait in any commercial fishery. 
(f) Tidal Invertebrate Permits. Tidal Invertebrate Permits issued pursuant to Section 123, Title 14, CCR, are not required for the commercial take of Tanner crab.
NOTE

Authority cited: Sections 713, 1050, 5508, 7090, 7857, 8026 and 8282, Fish and Game Code. Reference: Sections 1050, 1052, 5508, 7050, 7051, 7055, 7056, 7058, 7850, 7857, 7881, 8026, 8031, 8040, 8041, 8042, 8043, 8046, 8051, 8250.5, 8282, 8284, 8834, 9000, 9001, 9002, 9003, 9004, 9005, 9006, 9007, 9008 and 9011, Fish and Game Code. 
HISTORY

1. New section filed 3-14-2006; operative 3-14-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 11).
2. Amendment of subsections (a)(1)(A)3. and (a)(2) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§127. Commercial Take of Kellet's Whelk.
Note     •     History

(a) Method of Take. 
(1) Kellet's whelk may be taken incidentally in lobster traps, as defined in Fish and Game Code Section 9010, being fished under the authority of a valid lobster permit and in rock crab traps, as defined in Fish and Game Code Section 9011(b)(2), being used to take rock crab under a valid southern rock crab trap permit in Districts 19 and 118.5. 
(2) Kellet's whelk may be taken by hand by a licensed commercial fisherman. 
(b) Season for Taking. Kellet's whelk may be taken for commercial purposes from July 1 through the first Wednesday after the 15th of March. 
(1) All Kellet's whelk taken during the seasonal closure shall be immediately returned to the water. No Kellet's whelk shall be possessed aboard, or landed from, any commercial fishing vessel during the closed season. 
(c) Total Allowable Catch. For the period from April 1 through March 31 of the following year, a total of not more than 100,000 pounds of Kellet's whelk may be landed in California. 
(1) Mechanism for Fishery Closure. The department will estimate from the current trends in catch and using available scientific information the time at which the catch limit will be reached. The department will close the fishery at the time that catch limit is reached or is projected to be reached prior to the end of the fishing year. 
(2) The department shall give no less than 10 days notice to any individual who has landed Kellet's whelk within the previous five years and all individuals who hold a current and valid lobster operator permit or southern rock crab trap permit via a notification letter sent to the permittee's address on file with the department. The department shall give the public and the commission no less than 10 days notice of the closure via a department news release. 
NOTE

Authority cited: Sections 200, 202, 205, 210, 220, 7090 and 8500, Fish and Game Code. Reference: Sections 7090, 7850, 7857, 8140, 8250.5, 8254, 8284, 8500, 8603, 9000, 9001, 9010 and 9011, Fish and Game Code. 
HISTORY

1. New section filed 2-13-2012; operative 3-14-2012 (Register 2012, No. 7).
§130. Importation and Inspection of Live Shellfish. [Repealed]
Note     •     History

NOTE

Authority cited: Section 15600, Fish and Game Code. Reference: Section 15600, Fish and Game Code.
HISTORY

1. Amendment of subsection (a) filed 1-23-78; effective thirtieth day thereafter (Register 78, No. 4). For prior history, see Register 71, No. 5.
2. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
3. Repealer filed 4-1-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 14). 
§131. Mariculture and Shellfish Allotments. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5700 and 15400, Fish and Game Code. Reference: Sections 5700 and 15400-15415, Fish and Game Code.
HISTORY

1. Amendment of subsections (j) and (k) filed 1-26-72; effective thirtieth day thereafter (Register 72, No. 5). For prior history, see Register 70, No. 5.
2. Amendment filed 11-28-77; effective thirtieth day thereafter (Register 77, No. 49).
3. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
4. Repealer filed 4-1-83; effective upon filing pursuant to Government Code Section 11346.2 (d) (Register 83, No. 14). 
§132. Importation of Crab.
Note     •     History

This section applies only to crab of the species Cancer magister. Except as otherwise provided herein, live crab, cooked crabmeat or whole or cracked crab in the shell may be imported into California under the following regulations and conditions:
(a) During the closed season cooked picked crabmeat imported into California must be in containers and each container must bear the name and address of the out-of-state processor.
(b) During the closed season all shipments of cooked crabmeat, or cooked crab in the shells, imported into the State of California shall be accompanied by a manifest, bill of lading, or invoice showing the name and address of the shipper and the name and address of the importer or consignee and the quantity of cooked crabmeat or cooked crab contained in said shipment. Immediately after the receipt of each shipment of cooked crabmeat, or cooked crab, the importer thereof shall furnish the nearest office of the Department of Fish and Game with a copy of the manifest, bill of lading, waybill, or invoice covering each shipment received by said importer.
(c) No cooked crabmeat, cooked whole or cracked crab, or cooked picked crabmeat shall be imported into California by boat or by sea during the closed season for crabs in California. All such importation of crabmeat must be by land or air carrier.
(d) No female crab may be imported into California at any time.
(e) All crabs imported into California at any time must meet the requirements of size as specified in Section 8278 of the California Fish and Game Code.
(f) No cooked crabmeat or cooked whole or cracked crab in the shell may be imported at any time into California unless legally taken and possessed in the state or country of origin of such shipment of crab.
(g) Persons importing live crabs into California during the closed season shall comply with the following requirements:
(1) All live crabs imported into California must be accompanied by an invoice, bill of lading or manifest showing the name and address of the shipper, the name and address of the importer or consignee and the quantity of live crabs contained in the shipment.
(2) All containers of live crab shipped into California must bear, on the outside of the container, the name and address of the shipper, the name and address of the importer or consignee, the wording “LIVE DUNGENESS CRAB” in addition to the documentation required by subsection 132(g)(1).
(3) All crab distributed by the importer or consignee must be accompanied by documentation indicating “live imported Dungeness crab” in addition to the documentation required by subsection 132(g)(1).
(h) Prior notice of at least 36 hours for each shipment shall be provided the department office nearest the point of destination during normal working hours (8:00 a.m.-5:00 p.m., Monday-Friday). Said notice shall include approximate time of entry into the state and the route of travel through the state. The importer shall furnish a copy of the bill of lading covering each importation received by said importer to said department office within 24 hours of receipt of the shipment.
NOTE

Authority and reference cited: Sections 2364 and 8281, Fish and Game Code.
HISTORY

1. Amendment filed 7-30-65; effective thirtieth day thereafter (Register 65, No. 13). For prior history, see Register 58, No. 6.
2. Amendment of initial paragraph and new subsection (g) filed 2-10-70; effective thirtieth day thereafter (Register 70, No. 7).
3. New subsection (h) filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
4. Amendment of subsections (g) and (h) filed 11-20-86; effective thirtieth day thereafter (Register 86, No. 47). 
§132.5. Crab (Cancer Magister) Commercial Season Extension. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 8276.4 and 8277, Fish and Game Code. Reference: Sections 8275-8277, Fish and Game Code.
HISTORY

1. New section filed 7-3-79 as an emergency; effective upon filing (Register 79, No. 27).
2. Amendment filed 8-6-79 as an emergency; effective upon filing (Register 79, No. 32).
3. A Certificate of Compliance must be filed by 1031-79 or both prior emergency filings will revert to the former language pursuant to Government Code Section 11422.1(c).
4. Certificate of Compliance filed 9-26-79 (Register 79, No. 39).
5. Amendment filed 7-24-80 as an emergency; effective upon filing (Register 80, No. 30). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 11-20-80
6. Repealer and new section filed 7-6-81 as an emergency; effective upon filing (Register 81, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-3-81.
7. Certificate filed 9-22-81 repealing section by operation of Government Code Section 11346.1 (Register 81, No. 39).
8. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
9. New section filed 6-27-84 as an emergency; effective upon filing (Register 84, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-25-84.
10. Repealed by operation of Government Code Section 11346.1(g) (Register 84, No. 43).
§133. Crabmeat, Cooked Crabs or Parts Thereof.
Note     •     History

This section applies only to crabs of the species Cancer magister. Crabmeat, cooked crabs or parts thereof, taken during the open season for crabs may be possessed, transported, and sold during the closed season under the following regulations:
(a) Such cooked crabmeat, and cooked crabs or parts thereof shall be placed by the owner or possessor of such crabmeat, cooked crabs or parts thereof, in storage prior to the close of the season or within 10 days after the close of the season.
Within 14 days after the close of the season the owner or possessor of such crabmeat, cooked crabs or parts thereof, which are being held for sale during the closed season, shall furnish the Department of Fish and Game with a written inventory of all crabmeat, cooked crabs or parts thereof held in possession on the tenth day after the close of the season. The inventory shall show the address of each cold storage plant where such crabmeat, cooked crabs or parts thereof are stored, as well as the amount in pounds of such crabmeat, cooked crabs or parts thereof held in each of said cold storage plants.
(b) All withdrawals of cooked crabs or parts thereof, except picked crabmeat, from such cold storage plants shall be accompanied by a delivery manifest and a copy of said manifest shall be mailed to the nearest Department of Fish and Game office on the same date as the withdrawal.
(c) The cold storage delivery manifest shall show the following: weight of cooked crabs or parts thereof, except picked crabmeat; name and address to whom delivery was made; and date and time of withdrawal.
NOTE

Authority cited: Section 8281, Fish and Game Code. Reference: Section 8281, Fish and Game Code.
HISTORY

1. Amendment filed 7-30-65; effective thirtieth day thereafter (Register 65, No. 13). For prior history, see Register58, No. 6
2. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§134. Sturgeon, Importation of. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 2361, 2363, 2430, 2431, 7701, 7708, 8213 and 8431, Fish and Game Code. Reference: Sections 2353, 2361, 2430-2433, 7700-7710.5, 8213 and 8431, Fish and Game Code.
HISTORY

1. New section filed 12-17-51; effective thirtieth day thereafter (Register 26, No. 7).
2. Repealer and new section filed 4-19-55; effective thirtieth day thereafter (Register 55, No. 6).
3. Repealer filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§135. Transportation, Possession and Sale of Imported Sturgeon, Striped Bass, Steelhead Trout and Shad.
Note     •     History

All imported sturgeon, striped bass, steelhead trout and shad shall be imported, transported, possessed and sold as provided in this section. This section applies to fish commercially taken out-of-state and not to those species grown or imported live by registered aquaculturists in this state.
(a) At least 12-hour prior notice by the shipper or consignee of each shipment of such fish shall be provided to the department's regional office nearest the consignee during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.).
(b) Such fish must be accompanied by a bill of lading, waybill, invoice or similar accountable document showing the place of origin of the shipment, the name and address of the consignee and a listing of all fish by species, total weight and tag number.
(c) The consignee shall retain a copy of the bill of lading or similar accountable document for one year and make it available to the department upon request.
(d) All dead fish or parts thereof, may be imported, transported, or sold within the state in any form but shall be either:
(1) Packaged in sealed containers or boxes. Each container or box shall be clearly labeled showing a description of the contents and an identification of the shipper; or
(2) Tagged with consecutively numbered cinch-up vinyl plastic spaghetti tags with a legend showing the name of the shipper along with the city and state of origin. The tag sequence shall be present on all invoices and waybills. Reusable tags may not be possessed in the State of California. When tags are removed from the fish they must be destroyed by cutting through that portion of the tag which contains the name of the shipper and the tag number; or
(3) Clearly marked, using liquid nitrogen and a metal brand, with an “A,” 1/2 inch square, posterior to the head, anterior to the dorsal fin and above the lateral line. All fish shall be marked when alive but may be killed prior to transport or sale.
(e) All live fish may be imported, transported or sold within the state in any form but shall be either tagged or marked as described in subsections (d)(2) or (d)(3).
(f) Fish tagged, marked and/or packaged under subsections (d) or (e) above may be reprocessed and repackaged or retagged by dealers possessing a Wholesale Fish Dealer's and Processor's License as provided by section 8040 of the Fish and Game Code as well as a revocable processing permit issued by the Wildlife Protection Branch of the department specifically for striped bass, sturgeon and steelhead trout and shad. The permit shall be issued on a calendar year basis, or part thereof. When transported for sale such fish or portions of fish shall meet the transportation requirements of subsections (b) and (c).
(g) No such fish may be possessed at a place where fish are sold unless packaged, marked or tagged in the manner described in subsections (d) or (e) except that operators or employees of retail stores, restaurants or other eating establishments may remove portions from packaged, marked or tagged fish when such portions are being displayed or prepared for actual sale to a consumer or for actual consumption on the premises.
(h) The permit issued pursuant to subsection (f) may be cancelled or suspended at any time by the department upon conviction of a violation of these regulations by a court of competent jurisdiction. Cancellation or suspension may be appealed to the commission. See subsection 699(b) of these regulations for the fee for this permit.
NOTE

Authority cited: Sections 1050, 2361, 2363, 7701, 7708, 8431, 15005 and 15600, Fish and Game Code. Reference: Sections 1050, 2353, 2361, 2363, 7700-7703, 8371, 8431, 15005 and 15600-15601, Fish and Game Code.
HISTORY

1. New section filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
2. Repealer and new section filed 6-11-82; effective thirtieth day thereafter (Register 82, No. 24).
3. Amendment filed 4-1-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 14).
4. Amendment of subsection (a) filed 4-8-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 14).
5. Amendment of subsection (a) filed 5-11-83; effective thirtieth day thereafter (Register 83, No. 20).
6. Amendment filed 3-1-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 9).
7. Amendment of first paragraph and subsections (f) and (g) filed 3-4-86; effective thirtieth day thereafter (Register 86, No. 10).
8. Amendment of subsections (f) and (h) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
§136. Commercial Packaging or Tagging of Striped Bass. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 2361, 2363, 2430, 2431, 7701, 7708, 8213 and 8431, Fish and Game Code. Reference: Sections 2353, 2361, 2430-2433, 7710-7710.5, 8213 and 8431, Fish and Game Code.
HISTORY

1. New section filed 6-1-73; effective thirtieth day thereafter (Register 73, No. 22).
2. Amendment filed 4-5-77; effective thirtieth day thereafter (Register 77, No. 15).
3. Repealer filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§137. Importation and Sale of Green Sea Turtle Products. [Repealed]
Note     •     History

NOTE

Authority and reference cited: Section 2463, Fish and Game Code.
HISTORY

1. New section filed 3-21-75; effective thirtieth day thereafter (Register 75. No. 12).
2. Repealer filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§141. Sardine Canners, Reduction Plants and Packers of Other Sardine Products. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 7701, 7708 and 8075, Fish and Game Code. Reference: Sections 7700-7710.5 and 8075, Fish and Game Code.
HISTORY

1. Amendment filed 2-26-52; effective thirtieth day thereafter (Register 27, No. 4).
2. Amendment filed 4-21-60; effective thirtieth day thereafter (Register 60, No. 9).
3. Repealer filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§142. Fishermen and Fish Plants.
Note     •     History

(a) In order to prevent waste of fish, no person shall take or bring into any cannery, packing, preserving, reduction or other plant, fish in excess of an amount for which he has a bona fide order in writing, either from the plant to which the fish are to be delivered, or from an organization acting for the plants or for the fishermen within the region; and no person shall deliver fish to a packing plant which are of a size, condition or species not specified in the bona fide order.
A person shall not be considered as having a bona fide order to deliver fish if it is general knowledge, or if it is known by him, that weather conditions, strikes or other labor conditions, or any other conditions will prevent the completed delivery of fish to the given plant.
(b) To prevent waste of fish, fishermen shall to the best of their ability, avoid impounding more fish when laying out the net than they intend to load on their boat, or of impounding fish of a size or species which do not comply to this order. In cases where more fish are accidentally caught in the net than it is desired to take on their boat or lighter, or in cases where fish which in size, quality or species do not conform to this order, are accidentally caught in the net, fishermen shall release the excess fish or the fish which do not comply to this order while they are still alive and before they commence brailing out the catch.
NOTE

Authority cited: Section 7708, Fish and Game Code. Reference: Sections 7700-7710.5, Fish and Game Code.
HISTORY

1. Originally published 3-31-45 (Title 14).
2. Amendment filed 10-23-46 (Register 6).
3. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§143. Sardine Pack, Acceptable Equivalents for, Other Than One-Pound Oval Cans. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 7701, 7708 and 8075, Fish and Game Code. Reference: Sections 7700-7710.5 and 8075, Fish and Game Code.
HISTORY

1. Amendment filed 12-17-58 as an emergency; effective upon filing (Register 58, No. 23). Certificate of Compliance--Section 11422.1, Gov. Code, filed 3-12-59.
2. Amendment filed 8-1-61 as an emergency; effective upon filing (Register 61, No. 15).
3. Certificate of Compliance--Section 11422.1, Gov. Code, filed 11-21-61 (Register 61, No. 23).
4. Repealer filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§145. Anchovy Pack. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 7701, 7703 and 7708, Fish and Game Code. Reference: Sections 7700-7710.5, Fish and Game Code.
HISTORY

1. New section filed 4-1-48 as an emergency (Register 12, No. 1).
2. Amendment filed 6-5-61 as an emergency; effective upon filing (Register 24, No. 4).
3. Repealer filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§146. Sampling Methods.
Note     •     History

Samples taken pursuant to this section establish a rebuttable presumption that the sampling results are evidence of the true condition of the entire load or lot in the examination of which the sample was taken. The presumption established by this section is a presumption affecting the burden of proof.
(a) In sampling loads or lots of fish to determine species or size composition by number or weight, a minimum of five subsamples shall be taken at reasonable intervals throughout the unloading process. The department shall prescribe methods of selecting samples which shall be reasonably calculated to produce by such sampling fair representations of the composition of the entire load or lot which is sampled.
(b) To insure reasonable calculation of fair representation of composition, subsamples shall be taken to provide that the following minimum sample sizes are attained when dealing with the prescribed percentage tolerances:

		Minimum Total Sample Size 
	Percentage Tolerance	(in number of fish)

	50%	378
	40%	363
	30%	318
	25%	284
	18%	223
	15%	193

(c) Samples shall be taken and evaluated by deputized Wildlife Protection personnel or other designated personnel trained and certified by the department to conduct sampling activities established pursuant to this section.
NOTE

Authority cited: Sections 7701, 7702, 7708 and 8189, Fish and Game Code. Reference: Sections 7700-7710.5, 8075-8080 and 8180-8189, Fish and Game Code.
HISTORY

1. New Section filed 7-7-55 as an emergency; effective upon filing (Register 55, No. 10).
2. Amendment filed 4-21-60; effective thirtieth day thereafter (Register 60, No. 9).
3. Amendment filed 1-4-66; effective thirtieth day thereafter (Register 66, No. 1).
4. Repealer and new section filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§147. Granting and Issuance of Permits to Take and Use Anchovies by a Reduction Process.
Note     •     History

Anchovies shall not be taken, possessed, landed, or processed for reduction purposes except under revocable permits issued pursuant to this section. Anchovies may be taken for reduction purposes in the Northern Permit Area from August 1 to June 30. Anchovies may be taken for reduction purposes in the Southern Permit Area from September 15 to June 30.
(a) Permits to Take, Possess, Land or Transport Anchovies.
(1) To Whom Issued. Revocable permits shall be issued to the owner or operator of a currently registered California commercial fishing vessel. Permits may not be transferred from one boat to another without authorization from the department. The individual to whom the permit is issued must be aboard when fishing for anchovies for reduction purposes. Any permittee whose permit has been revoked may not take or assist in taking anchovies for reduction purposes for the remainder of the season.
(2) The applicant for a permit shall submit the fees and the completed application, as specified in Section 705, to the address listed on the application. 
(3) Conditions of Permits.
(A) Suspension of Permits. When the harvest quotas established by the commission in subsection (a)(3)(F) are close to being reached, the department will notify all permit holders of the closing date 48 hours prior thereto.
(B) Gear Specifications:
1. It is unlawful for any permittee to use a roundhaul net, with a wet-stretch mesh size less than 10/16 of an inch, except that the bag portion of a purse seine net may have a wet-stretch mesh size of not less than 8/16 of an inch, to take anchovies for reduction purposes. The bag portion of a purse seine net shall be constructed as a single unit and shall not exceed 12.5 percent of the total area of the net.
2. It is unlawful for any permittee to possess aboard his fishing vessel any fishing gear contrary to the above specifications when anchovies taken for reduction purposes are possessed aboard the vessel.
3. Minimum mesh size requirements are met if a standard stainless steel wedge of appropriate gauge can be passed, with thumb pressure only, through 16 of 20 sets of two meshes each of wet mesh.
4. Notwithstanding these gear specifications, a permittee may, until April 1, 1986, possess and use a roundhaul net of smaller mesh size if, prior to use, the permittee has notified the department and has demonstrated to the department that the net was used in the California anchovy reduction fishery prior to May 24, 1983.
(C) Gear Inspection. Fishing gear possessed aboard a permittee's vessel shall be subject to inspection by the department at all times to determine compliance with gear specification requirements specified in subsection (a)(3)(B).
(D) Vessel Identification. The operator of any boat engaged in taking anchovies under these regulations shall at all times while operating such boat identify it by displaying on an exposed part of the superstructure, amidship on each side and on top of the house visible from the air, the department's registration number of the boat in 14-inch black numerals on white background.
(E) Declaration of Intent to Take, Possess, Land or Transport Anchovies for Reduction Purposes.
1. The provisions of subsection (a)(3)(E) shall apply only to vessels taking anchovies for reduction purposes as described in subsection (a)(3)(F)1. and 2.
2. No vessel shall be operated to take, carry or deliver anchovies for reduction purposes unless a declaration of intent has been filed regarding said vessel in accordance with these regulations.
3. Before a vessel operator can file a declaration of intent as required by subsection (a)(3)(E) he must be the operator of a vessel duly registered as provided by section 7881 of the Fish and Game Code, and must possess a valid commercial fishing license.
4. No vessel operating under the authority of a declaration of intent filed pursuant to these regulations shall take, carry or deliver anchovies for any purpose other than reduction except when taking anchovies for canning or live bait purposes as provided in subsection (a)(3)(E)12 of these regulations, or when operating pursuant to an exception filed in accordance with subsection (a)(3)(E)5 of these regulations. When operating under the authority of an exception, no anchovies may be taken for reduction purposes.
5. During the period for which the declaration is in force and effect, a named vessel may be used to take, carry and deliver anchovies for other than reduction purposes if, and only if, operator files an exception in accordance with the following provisions:
a. When the operator intends to use said vessel to take anchovies for purposes other than reduction, he shall so notify the Los Alamitos or Yountville offices of the department, either by letter or telegram, prior to the commencement of fishing. This notice shall be posted or sent prior to the commencement of fishing and shall be effective only on the vessel named.
b. The notice shall contain the following information: the calendar days for which the exception is to be effective; the purpose for which the anchovies are to be taken; and the name and registration number of the vessel.
6. Declaration of intent shall be filed with the department during normal working hours at the Yountville, San Diego or Los Alamitos office of the department. The declaration of intent shall be filed on forms furnished by the department.
7. Each declaration of intent shall specify the vessel to which it applies. Only one vessel may be specified on any one declaration, but a qualified applicant may file separate declarations for more than one vessel.
8. Except as otherwise provided, any declaration of intent filed pursuant to these regulations shall be in force only during the open season, or if filed after the beginning of such term, for the remainder thereof.
9. A copy of each declaration filed under subsection (a)(3)(E) to take anchovies shall be carried aboard the vessel to which it relates and shall be exhibited upon demand to the authorized representative of any reduction plant to which said vessel is delivering anchovies and upon demand to any officer of the department.
10. No vessel which has filed a declaration of intent to take, carry and deliver anchovies for purposes of reduction and has filed no exception thereto shall place any net in the water for the purpose of taking anchovies in any unauthorized area. In the event of any violation of this section, the operator of said vessel shall be deemed in violation thereof.
11. Whenever anchovies are possessed aboard a vessel for which declaration of intent to take, carry and deliver anchovies for reduction purposes has been filed and such declaration is in full force and effect, and not then subject to any notice of exception pursuant to subsection (a)(3)(E)5, it shall be conclusively presumed that said anchovies were taken and were being carried for reduction purposes.
12. Notwithstanding the other provisions of subsection (a)(3)(E), vessels operating under a declaration of intent to take anchovies for reduction purposes may also take anchovies for canning purposes, pursuant to the appropriate sections of the Fish and Game Code and of this section, and may also take anchovies for live bait purposes, providing that all conditions, laws, and regulations pertaining to the reduction fishery are adhered to while so engaged in live bait fishing.
(F) Permit Areas and Quotas.
1. Northern Permit Area. The area shall include the waters of the Pacific Ocean between the California-Oregon border and a line extending due west (true) from Point Buchon. Anchovies taken under the provisions of these regulations may be taken in all waters of the northern permit area described above, with the following exceptions: within Districts 2, 8, 9, 11, 12, 13, 15; the waters of Bodega and Tomales Bay; that portion of District 10 lying inshore of a line beginning at Pigeon Point (San Mateo County) northwesterly in a straight line to the U.S. Navigation Light on S.E. Farallon Island, northerly in a straight line to the U.S. Navigation Light on Pt. Reyes (Marin County); that portion of District 16 lying southerly of the Monterey Breakwater magnetic east to shoreline; that portion of District 18 within three miles of shore in the area lying between a line drawn magnetic west of Point Estero and a line drawn magnetic west of Point Buchon; and that portion of District 18 within three miles of shore in that area lying between a line drawn magnetic west of Point San Luis and a line drawn magnetic west of Arroyo Grande Creek.
2. Southern Permit Area. The area shall include the waters of the Pacific Ocean between the United States-Mexico International Boundary and a line extending due west (true) from Point Buchon. Anchovies taken under the provisions of these regulations may be taken in all waters of the southern permit area described above, with the following exceptions: within three miles of the mainland shore south of Point Buchon and in all districts or portions of districts where and at such times as the use of round-haul nets is prohibited; within four miles of the mainland shore between lines running 235o magnetic from the steam plant stack at Mandalay Beach and 205o magnetic from the steam plant stack at Ormond Beach; within the area encompassed by a line extending six miles 165o magnetic from Point Fermin, thence to a point located three miles offshore on a line 210o magnetic from Huntington Beach pier; within six miles of the mainland shore south of a line running 210o magnetic from the tip of the outer breakwater of Oceanside Harbor.
3. Quotas. If the department or department's designee does not produce a northern anchovy biomass estimate, total tonnage reserved for a harvest quota is 5,000 tons and is established on August 1 of each year. This quota is allocated evenly between northern and southern permit areas.
4. Adjustments to Quotas. If during the season the maximum quota set by the commission for the northern or southern permit areas should be approached, the commission will consider an increase in the quota for the area approaching its quota. After May 15, any tonnage remaining in the quota for the northern permit area will be made available to southern area permittees.
(b) Permits to Reduce Anchovies.
(1) Qualification of Permittee. To be eligible for a reduction permit under these regulations each applicant must have the license provided in section 8042(a) of the Fish and Game Code, and supply proof to the satisfaction of the department that the applicant can properly unload, weigh, and utilize anchovies for reduction before any permit is issued.
(2) Applications. All applications for permits to reduce whole anchovies for a given season must be received by the Fish and Game Commission, 1416 Ninth Street, Sacramento, CA 95814, on or before the close of business on the preceding July 15.
(3) Limitation of Permit. Not more than one permit shall be issued for each plant. Permits shall not be transferred without prior authorization from the commission.
(4) Duration of Permit. Except as otherwise provided, any permit issued pursuant to these regulations shall be in force only for the time as specified on such permit.
(5) Records. The permittee shall submit daily to the nearest office of the department receipts required under the provisions of section 8011 of the Fish and Game Code for all anchovies purchased or received that day for reduction.
(6) Plant Delivery. No reduction plant shall take delivery of anchovies from any vessel whose operator has not filed a declaration of intent required under subsection (a)(3)(E) to take, carry and deliver anchovies for reduction purposes.
(7) Weighing of Fish Landed. No anchovies intended for use or used in any reduction plant shall be unloaded from any vessel except at a weighing or measuring device approved by the Bureau of Weights and Measures. Such anchovies shall be weighed by a public weighmaster licensed as an individual under the laws of this state and a receipt as to such weight shall be immediately issued by him to the fisherman at the time of receipt of such anchovies. Copies of such receipt shall be handled in the manner provided in sections 8011 to 8014 of the Fish and Game Code.
(8) Fish from South of the International Boundary. Anchovies taken south of the United States-Mexico International Boundary and landed in California for reduction processes shall be included in the total quota set by these regulations for the southern permit area.
(c) These regulations shall be set forth in or attached to all permits. Permits shall be issued only upon conditions contained in the application and signed by the applicant that he has read, understands and agrees to be bound by all the terms of the permit. A copy of these regulations shall be given to every person who files a declaration of intent pursuant to these regulations.
(d) Revocation of Permits. Any permit may be revoked by the commission upon breach or violation of any Fish and Game law or regulation or violation of the terms or conditions of the permit by holders thereof, their agents, servants, employees, or those acting under their direction and control.
NOTE

Authority cited: Sections 713, 1050, 7708 and 7881, Fish and Game Code. Reference: Sections 8076 and 8190, Fish and Game Code.
HISTORY

1. Amendment of subsections (a) and (a)(3)(E) filed 8-18-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 34). For prior history, see Register 81, No. 42.
2. Amendment of subsections (a)(3)(B) and (a)(3)(C) filed 5-26-83 as an emergency; effective upon filing (Register 83, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-23-83.
3. Certificate of Compliance including amendment of NOTE filed 9-16-83 (Register 83, No. 38).
4. Amendment filed 9-19-83; effective thirtieth day thereafter (Register 83, No. 38).
5. Editorial correction of NOTE filed 10-13-83 (Register 83, No. 42).
6. Amendment of subsection (a)(3)(F) filed 10-18-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 42).
7. Amendment of subsection (a)(3)(F) filed 9-23-85; effective thirtieth day thereafter (Register 85, No. 38).
8. Amendment of subsection (a)(3)(f)3 filed 10-3-88; operative 11-2-88 (Register 88, No. 41).
9. Amendment of subsection (a) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
10. Amendment of subsections (a)(3)(E)1., (a)(3)(E)5., (a)(3)(E)5.a. and (a)(3)(E)6., repealer and new subsection (a)(3)(F)3. and amendment of Note filed 11-12-96; operative 11-12-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 46).
11. Amendment of subsections (a)(2), (a)(3)(E)3., (a)(3)(E)5.a. and (a)(3)(E)6. and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§148. Permits to Commercially Take Pacific Mackerel. [Repealed]
Note     •     History

NOTE

Authority cited: Section 7652, Fish and Game Code. Reference: Sections 7650-7653 and 8411, Fish and Game Code.
HISTORY

1. Amendment of subsection (b) filed 6-28-82 as an emergency; effective upon filing (Register 82, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-26-82. For prior history, see Register 81, No. 43.
2. Certificate of Compliance filed 9-29-82 (Register 82, No. 40).
3. Editorial correction of subsection (a)(2) filed 12-29-82 (Register 83, No. 1).
4. Amendment of subsection (b)(3)(B)1 filed 11-10-83 as an emergency; effective upon filing (Register 83, No. 47).
5. Order of Repeal of 11-10-83 emergency order filed 11-18-83 by OAL pursuant to Government Code section 11349.6 (Register 83, No. 47).
6. Amendment of subsection (b) filed 8-27-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 35).
7. Amendment of subsection (b) filed 7-10-85; effective thirtieth day thereafter (Register 85, No. 28).
8. Amendment of subsection (a) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
9. Amendment of subsection (a) filed 9-9-92; operative 10-9-92 (Register 92, No. 37).
10. Repealer of section and amendment of Note filed 9-24-2001; operative 10-24-2001. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652(d) (Register 2001, No. 39).
§149. Commercial Taking of Market Squid.
Note     •     History

(a) Fishing days. North of a westerly extension of the United States -- Republic of Mexico boundary line, market squid may not be taken for commercial purposes between 1200 hours (noon) on Friday and 1200 hours (noon) on Sunday of each week. This regulation applies to vessels catching squid or attracting squid with lights. This regulation does not apply to vessels taking squid for live bait purposes only or to fishing activities which result in squid landings taken pursuant to subsection (g) of this Section. Squid taken for live bait purposes pursuant to this Section shall only be sold as live bait.
(b) Records. Pursuant to Section 190 of these regulations, any person who possesses a valid Market Squid Vessel Permit, Market Squid Brail Permit, or Market Squid Light Boat Permit shall complete and submit an accurate record of his/her squid fishing, lighting, or brailing activities on a form (Market Squid Vessel Logbook -- DFG 149a (9/01), or Market Squid Light/Brail Boat Logbook -- DFG 149b (10/05), which are located in Appendix A of Subdivision 1 of Division 1 of Title 14, CCR) provided by the department, as appropriate to the type of fishing activity. Logbook records shall be transmitted to the department on or before the 10th day of each month following the month that fishing activity occurred. 
(c) Maximum Wattage. Each vessel fishing for squid or lighting for squid shall utilize a total of no more than 30,000 watts of lights to attract squid at any time.
(d) Light Shields. Each vessel fishing for squid or lighting for squid will reduce the light scatter of its fishing operations by shielding the entire filament of each light used to attract squid and orienting the illumination directly downward, or providing for the illumination to be completely below the surface of the water. The lower edges of the shields shall be parallel to the deck of the vessel. 
(e) Seasonal Catch Limitation. For the period from April 1 through March 31 of the following year, a total of not more than 118,000 short tons of market squid may be taken statewide by vessels permitted under Section 149.1 or 149.3, Title 14, CCR, with the fishery closure implemented as follows:
(1) The department shall estimate, from the current trend in landings, when the market squid catch limit will be reached, and will publicly announce the effective date of closure of the directed fishery on VHF/channel 16 between the hours of 10:00 p.m. and 12:00 a.m. (midnight). It shall be the responsibility of all operators of permitted market squid vessels to monitor VHF/channel 16 to determine when the catch limit is expected to be reached and the fishery closed. Any announcement issued or made by the department on VHF/channel 16 shall constitute official notice.
(2) Whenever the market squid catch limit has been reached, market squid may be taken for commercial purposes through March 31 only if the amount taken does not exceed two tons landed in a calendar day or if the squid taken is used for live bait only. 
(f) Closed Times and Areas for Seabirds. Market squid may not be taken for commercial purposes utilizing attracting lights in all waters of the Gulf of the Farallones National Marine Sanctuary. Boundaries of the Sanctuary are defined as those in effect on August 27, 2004, pursuant to Title 15, Code of Federal Regulations (CFR), Part 922, Subpart H. This regulation also applies to vessels pursuing squid for live bait purposes. 
(g) Incidental Allowance. It is unlawful to take, land, or possess in excess of two tons of squid per trip or per calendar day except as authorized under a Market Squid Vessel Permit or a Market Squid Brail Permit as described in subsection 149.1(b) or Section 149.3, or for purposes of live bait only. 
(h) Forfeiture. Squid landed or possessed in violation of the allowance specified in subsection (g) above shall be forfeited to the department by the signing of an official release of property form. The squid shall be sold or disposed of in a manner to be determined by the department. The proceeds from all sales shall be paid into the Fish and Game Preservation Fund. 
(i) Use of Lights to Aggregate Squid. It is unlawful to attract squid by light except as authorized under permits described in subsection 149.1(b) or Section 149.3. This regulation does not apply to seine skiffs of a permitted vessel, or to vessels pursuing squid for live bait purposes only. 
(j) Citations for violations of this Section may be issued to the vessel operator, crewmembers, and/or the holder of a market squid permit issued pursuant to Section 149.1 or 149.3, Title 14, CCR. 
(k) Exemption from Tidal Invertebrate Permit. A commercial market squid vessel or light boat operating under the provisions of a commercial market squid permit is not required to possess a Tidal Invertebrate Permit, but is subject to the provisions of Section 123.
NOTE

Authority cited: Sections 7078, 7701, 7708, 7923, 8026, 8425 and 8429.5, Fish and Game Code. Reference: Sections 7701, 7708, 7923, 8026, 8425, 8429.5, 8429.7, 12159 and 12160, Fish and Game Code.
HISTORY

1. New section filed 9-2-83 as an emergency; effective upon filing (Register 83, No. 38).
2. Order of Repeal filed 9-12-83 by OAL pursuant to Government Code Section 11349.6 (Register 83, No. 38).
3. New section filed 1-11-84; effective thirtieth day thereafter (Register 84, No. 2).
4. Amendment of subsection (a) and new subsection (b) filed 4-24-90; operative 4-24-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 19).
5. Repealer and new section and amendment of Note filed 6-4-98; operative 7-4-98 (Register 98, No. 23).
6. Repealer and new section filed 2-23-2000; operative 2-23-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 8). 
7. New subsections (c) and (d) filed 5-31-2000; operative 5-31-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 22). 
8. New subsections (e)-(e)(2) and amendment of Note filed 5-20-2002; operative 6-19-2002 (Register 2002, No. 21).
9. New subsections (f)-(j) [reserved] and new subsection (k) filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
10. Amendment of section and Note filed 3-28-2005; operative 3-28-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 13). 
11. Amendment of subsection (b) filed 2-13-2007; operative 2-13-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 7). 
§149.1. Market Squid Fishery Restricted Access Program.
Note     •     History

(a) Permit Required. On and after April 1, 2005, no person shall take, land, or attract squid by light for commercial purposes, except as provided in subsection 149(g), unless the owner of that vessel has a valid market squid permit for use on that vessel that has not been suspended or revoked. 
(b) Classification of Permits and Permit Authorization. 
(1) A Market Squid Vessel Permit authorizes the use of round haul gear, including purse seine, drum seine and lampara nets for commercial harvest. Use of brail gear, including dip and scoop nets, is also authorized. Lights may also be used as specified in regulation to aggregate squid for purposes of commercial harvest. No other gear is authorized under this permit to take or assist in the taking of market squid for commercial purposes. Market Squid Vessel Permits are designated as either transferable or non-transferable as described in subsection (o) below. 
(2) A Market Squid Brail Permit authorizes the use of brail gear including dip and scoop nets to take market squid for commercial purposes. Lights may also be used as specified in regulation to aggregate squid for purposes of commercial harvest. No other gear is authorized under this permit to take or assist in the taking of market squid for commercial purposes. Market Squid Brail Permits are designated as either transferable or non-transferable as described in subsection (o) below. 
(3) A Market Squid Light Boat Permit authorizes only the use of lights as specified in regulation to aggregate squid for purposes of commercial harvest. No other gear is authorized under this permit to take or assist in the taking of market squid for commercial purposes. Market Squid Light Boat Permits are designated as either transferable or non-transferable as described in subsection (o) below. 
(4) Only one market squid permit, regardless of the class of permit as described in subsections (b)(1), (2), and (3) above, may be issued per owner per vessel. 
(c) Initial Issuance Criteria. Any person who is the registered owner of the vessel must provide current proof of vessel ownership at the time of application. Permits as described in subsection (b) shall be issued only to the following persons, partnerships or corporations based on qualifying criteria described in this subsection. Transferable permits shall be issued to owners where the vessel meets the specified initial issuance criteria for the class of permit. Non-transferable permits shall be issued only to individuals that meet the specified initial issuance criteria for the class of permit. During initial permit issuance, a permit must be placed only on a vessel that was licensed with a valid Market Squid Vessel Permit or a Market Squid Light Boat Owner's Permit in the 2004-05 permit year, and which must also be the vessel upon which the qualifying catches were made. 
(1) Market Squid Vessel Permit -- Transferable. 
(A) A Transferable Market Squid Vessel Permit may be issued to an individual, partnership or corporation that is the owner of a commercial fishing vessel with a Market Squid Vessel Permit for the 2004-05 permit year that has been registered with the department pursuant to Fish and Game Code Section 7881 at the time of application, and 
(B) the Market Squid Vessel Permit has not been suspended or revoked, and 
(C) the vessel must have made at least 50 landings of market squid from January 1, 2000 through March 31, 2003 as documented by fish landing receipts submitted to the department in the vessel's name and identification number pursuant to Fish and Game Code Section 8046. 
(D) Upon issuance of a transferable Market Squid Vessel Permit, additional squid fishery catch history associated with the vessel may not be used by any individual, partnership or corporation toward qualification for additional permits of any class. 
(2) Market Squid Vessel Permit -- Non-Transferable. 
(A) A Non-Transferable Market Squid Vessel Permit may be issued to an individual that is the owner of a commercial fishing vessel with a Market Squid Vessel Permit for the 2004-05 permit year that has been registered with the department pursuant to Fish and Game Code Section 7881 at the time of application, and 
(B) the Market Squid Vessel Permit has not been suspended or revoked, and 
(C) pursuant to Fish and Game Code Section 8101, the individual must have been licensed as a California commercial fisherman for at least 20 years at the time of application, and 
(D) the individual has made at least 33 landings of market squid from the vessel licensed with a Market Squid Vessel Permit for the 2004-05 permit year as documented by fish landing receipts submitted to the department in the person's name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046, prior to August 27, 2004. Only receipts that demonstrate catch aboard a vessel with a Market Squid Vessel Permit for the 2004-05 permit year that does not already qualify for issuance of a transferable Market Squid Vessel Permit under subsection (c)(1) of this section or a transferable Market Squid Brail Permit under subsection (c)(3) of this section or a transferable Market Squid Light Boat Permit under subsection (c)(5) of this section are valid for consideration. 
(E) The department shall separately identify Non-Transferable Market Squid Vessel Permits issued under this section and those permits shall become null and void upon the death of the permit holder. 
(3) Market Squid Brail Permit -- Transferable. 
(A) A Transferable Market Squid Brail Permit may be issued to an individual, partnership, or corporation that is the owner of a commercial fishing vessel that has been registered with the department pursuant to Fish and Game Code Section 7881 at the time of application, and 
(B) have been issued a Market Squid Vessel Permit for the 2004-05 permit year for that vessel that has not been suspended or revoked, and 
(C) the vessel must have made at least 10 landings of market squid with brail gear from January 1, 2000 through March 31, 2003 as documented by fish landing receipts submitted to the department in the vessel's name and identification number pursuant to Fish and Game Code Section 8046. 
(D) Upon issuance of a transferable Market Squid Brail Permit, additional squid fishery catch history associated with the vessel may not be used by any individual, partnership or corporation toward qualification for additional permits of any class. 
(4) Market Squid Brail Permit -- Non-Transferable. 
(A) A Non-Transferable Market Squid Brail Permit may be issued to an individual that is the owner of a commercial fishing vessel with a Market Squid Vessel Permit for the 2004-05 permit year that has been registered with the department pursuant to Fish and Game Code Section 7881 at the time of application, and 
(B) the Market Squid Vessel Permit has not been suspended or revoked, and 
(C) pursuant to Fish and Game Code Section 8101, the individual must have been licensed as a California commercial fisherman for at least 20 years at the time of application, and 
(D) the individual has made at least 10 landings of market squid with brail gear from the vessel with a Market Squid Vessel Permit for the 2004-05 permit year as documented by fish landing receipts submitted to the department in the person's name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046, during any one permit year (April 1 through March 31 of the following year) from January 1, 2000 through March 31, 2003. Only receipts that demonstrate catch from a vessel with a Market Squid Vessel Permit for the 2004-05 permit year that does not already qualify for issuance of a transferable Market Squid Vessel Permit under subsection (c)(1) of this section or a transferable Market Squid Brail Permit under subsection (c)(3) of this section or a transferable Market Squid Light Boat Permit under subsection (c)(5) of this section are valid for consideration. 
(E) The department shall separately identify Non-Transferable Market Squid Brail Permits issued under this section and those permits shall become null and void upon the death of the permit holder. 
(5) Market Squid Light Boat Permit -- Transferable. 
(A) A Transferable Market Squid Light Boat Permit may be issued to an individual, partnership or corporation that is the owner of a commercial fishing vessel that has been registered with the department pursuant to Fish and Game Code Section 7881 at the time of application, and 
(B) the individual, partnership or corporation must have been issued a Market Squid Vessel Permit or a Squid Light Boat Owner's Permit for the 2004-05 permit year for use on that vessel that has not been suspended or revoked, and 
(C) the individual, partnership or corporation must have submitted to the department, pursuant to subsection 149(b) and Section 190, Title 14, CCR, at least one market squid light boat logbook form (DFG 149b) with fishing activity dated on or prior to December 31, 2000 for that vessel. 
(D) Upon issuance of a transferable Market Squid Light Boat Permit, additional squid fishery light boat activity associated with the vessel may not be used by any individual, partnership or corporation toward qualification for additional permits of any class.
(6) Market Squid Light Boat Permit -- Non-Transferable.
(A) A Non-Transferable Market Squid Light Boat Permit may be issued to an individual that is the owner of a commercial fishing vessel that has been registered with the department pursuant to Fish and Game Code Section 7881 at the time of application, and
(B) the individual must have been issued a Market Squid Vessel Permit or a Squid Light Boat Owners Permit for the 2004-05 permit year for use on that vessel that has not been suspended or revoked, and
(C) pursuant to Fish and Game Code Section 8101, the individual must have been licensed as a California commercial fisherman for at least 20 years at the time of application, and
(D) the individual must have submitted to the department, pursuant to subsection 149(b) and Section 190, Title 14, CCR, at least one market squid light boat logbook form (DFG 149b) with fishing activity dated from January 1, 2001 through August 27, 2004 for that vessel. Only logbook forms from a vessel with a Market Squid Vessel Permit or a Squid Light Boat Owners Permit for the 2004-05 permit year that has not already qualified for issuance of a transferable Market Squid Vessel Permit under subsection (c)(1) of this section or a transferable Market Squid Brail Permit under subsection (c)(3) of this section or a transferable Market Squid Light Boat Permit under subsection (c)(5) of this section are valid for consideration.
(E) The department shall separately identify Non-Transferable Market Squid Light Boat Permits issued under this section and those permits shall become null and void upon the death of the permit holder.
(7) Non-Transferable Market Squid Vessel Permits, Non-Transferable Market Squid Brail Permits, and Non-Transferable Market Squid Light Boat Permits may only be issued to individuals, and shall not be issued to partnerships or corporations, although the permit may be placed on a vessel which is owned by a partnership or corporation. 
(d) Application Deadlines for Initial Permit Issuance. 
(1) All applications [FG 1315 (8/04), incorporated by reference herein] and permit fees for initial issuance of Market Squid Vessel Permits, Market Squid Brail Permits, and Transferable Market Squid Light Boat Permits must be received by the department, or, if mailed, postmarked on or before June 30, 2005. Applications and permit fees for initial issuance of Market Squid Vessel Permits, Market Squid Brail Permits, and Transferable Market Squid Light Boat Permits received by the department, or, if mailed, postmarked from July 1 through July 31, 2005 will be assessed a $250 late fee, notwithstanding Fish and Game Code Section 7852.2. Applications and permit fees for initial issuance of Market Squid Vessel Permits, Market Squid Brail Permits, and Transferable Market Squid Light Boat Permits received by the department or postmarked after July 31, 2005 will be denied by the department and returned to the applicant. 
(2) All applications [FG 1319 (New 12/06), incorporated by reference herein] and permit fees for initial issuance of Non-Transferable Market Squid Light Boat Permits must be received by the department at the address specified on the application, or, if mailed, postmarked on or before June 30, 2007. Applications and permit fees for initial issuance of Non-Transferable Market Squid Light Boat Permits received by the department, or, if mailed, postmarked from July 1 through July 31, 2007 will be assessed a $250 late fee, notwithstanding Fish and Game Code Section 7852.2. Applications and permit fees for initial issuance of Non-Transferable Market Squid Light Boat Permits received by the department or postmarked after July 31, 2007 will be denied by the department and returned to the applicant.
(e) Initial Issuance Appeals. Any applicant who is denied initial issuance of a Market Squid Vessel Permit, Market Squid Brail Permit, or a Market Squid Light Boat Permit by the department pursuant to subsection (c) may appeal that denial to the commission in writing, describing the basis for the appeal. The appeal shall be received by the commission or, if mailed, postmarked within 60 days of the department's denial. 
(f) Annual Permit Renewal. 
(1) On and after April 1, 2006, Market Squid Vessel Permits, Market Squid Brail Permits and Transferable Market Squid Light Boat Permits will be issued annually by the department only to those persons who have held the same class of permit in the immediately preceding permit year. 
(2) On and after April 1, 2008, Non-Transferable Market Squid Light Boat Permits will be issued annually by the department only to those persons who held such permits in the immediately preceding permit year.
(3) Upon the death of the individual to whom a Non-Transferable Market Squid Vessel Permit, Non-Transferable Market Squid Brail Permit, or Non-Transferable Market Squid Light Boat Permit is issued, the permit shall be considered null and void and permit renewal criteria specified in this subsection shall not apply. 
(g) Application Deadlines for Annual Permit Renewal. 
All applications as specified in Section 705 and permit fees for renewal of Market Squid Vessel Permits, Market Squid Brail Permits, and Market Squid Light Boat Permits must be received by the department at the address specified on the application, or, if mailed, postmarked on or before April 30 of each permit year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(h) Renewal Appeals. Late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(i) Permit, Transfer and Upgrade Fees. 
(1) The department shall charge an annual fee as specified in Section 705 for a permit of each permit class as follows: 
(A) Market Squid Vessel Permit -- Transferable 
(B) Market Squid Vessel Permit -- Non-Transferable
(C) Market Squid Brail Permit -- Transferable
(D) Market Squid Brail Permit -- Non-Transferable
(E) Market Squid Light Boat Permit -- Transferable
(F) Market Squid Light Boat Permit -- Non-Transferable
(2) The department shall charge a non-refundable fee as specified in Section 705, for each permit transfer. If more than one permit is involved in the transfer based on provisions defined in subsection (o), a non-refundable fee as specified in Section 705, shall be charged for the transaction. 
(3) The department shall charge a non-refundable fee as specified in Section 705, for each Market Squid Brail Permit Upgrade based on provisions defined in subsection (q).
(j) Permit Revocation, Suspension or Cancellation. 
(1) Pursuant to Fish and Game Code Section 1052(b), a Market Squid Vessel Permit, Market Squid Brail Permit, or a Market Squid Light Boat Permit shall be revoked if false information is provided by the permittee to obtain or maintain the permit. 
(2) A Market Squid Vessel Permit, Market Squid Brail Permit, or a Market Squid Light Boat Permit may be suspended, revoked, or cancelled by the commission upon conviction of a violation of regulations contained in Section 149, Title 14, CCR, or violation of the terms and conditions of the permit. 
(k) Dissolution of Partnership or Corporation. If a transferable Market Squid Vessel Permit, Market Squid Brail Permit, or Market Squid Light Boat Permit is issued for a vessel that is owned by a bona fide partnership or corporation which becomes dissolved, the partnership or corporation shall notify the department of the name of the partner or shareholder who is the successor permitholder and the department shall reissue the permit to that partner or shareholder. Change of vessel ownership provisions defined in subsection (l) and transfer fees in subsection (i)(2) apply. 
(l) Change of Vessel Ownership. 
(1) If a transferable Market Squid Vessel Permit, Market Squid Brail Permit, or Market Squid Light Boat Permit is issued for a vessel that is owned by an individual or by a bona fide partnership or corporation, and the individual, bona fide partnership, or corporation transfers the title of ownership of the vessel to another entity, the original entity to which the permit is issued must notify the department of the change in ownership, and submit a non-refundable transfer fee as specified in Section 705. 
(2) Upon payment of fees, and surrender to the department of the original permit or permits, the department shall issue the applicable permit to the new owner of the vessel that is valid for the remainder of the fishing season. Gross tonnage endorsement provisions defined in subsection (n) below shall apply. 
(3) Non-Transferable Market Squid Vessel Permits, Non-Transferable Market Squid Brail Permits and Non-Transferable Market Squid Light Boat Permits which are issued to individuals shall not be transferred to a new owner. Sale or transfer of ownership of a vessel that is authorized to fish under a non-transferable market squid permit shall render the permit null and void. 
(m) Capacity Goals. 
(1) The capacity goal for transferable and non-transferable Market Squid Vessel Permits is 55. 
(2) The capacity goal for transferable and non-transferable Market Squid Brail Permits is 18. 
(3) The capacity goal for transferable and non-transferable Market Squid Light Boat Permits is 34. 
(4) Should the number of Market Squid Vessel Permits, Market Squid Brail Permits, or Market Squid Light Boat Permits issued by the department fall below the capacity goal for that permit class, the commission may prescribe criteria for issuance of additional permits of that class, which may include but is not limited to previous issuance of market squid vessel, brail or light boat permits, market squid catch or market squid logbook histories. 
(n) Gross Tonnage Endorsement. Each Market Squid Vessel Permit or Market Squid Brail Permit shall be endorsed with the gross tonnage at the time of initial issuance. Any vessel owner transferring a Market Squid Vessel Permit or Market Squid Brail Permit shall also provide gross tonnage information for the replacement vessel as described below. 
(1) The gross tonnage shall be determined as follows: 
(A) If the owner of the vessel holds a Federal Coastal Pelagic Species Permit issued by the National Marine Fisheries Service for that vessel, the owner of the vessel shall submit a copy of the vessel owner's current valid Federal Coastal Pelagic Species Permit with the vessel's endorsed gross tonnage. 
(B) If the owner of the vessel does not hold a Federal Coastal Pelagic Species Permit for the vessel, the gross tonnage will be determined by multiplying the length (L), breadth (B), and depth (D) of the vessel by 0.0067. Records of length, breadth, and depth used for determining gross tonnage will be those recorded on the vessel's United States Coast Guard documentation paper. 
(2) The gross tonnage endorsement will remain in effect for the lifetime of each permit, regardless of the gross tonnage of a vessel to which it was transferred. 
(3) In cases where a permit is transferred to a vessel with a smaller gross tonnage, the original gross tonnage endorsement will remain, and excess gross tonnage cannot be split out from the original permit endorsement for any purpose. 
(4) In cases where two or more permits are transferred to a replacement vessel pursuant to guidelines in subsection (o), the replacement vessel shall be issued a transferable permit which reflects a gross tonnage endorsement which is recorded as either the sum of the gross tonnage endorsements from the original vessels, or the gross tonnage of the replacement vessel, whichever of the two values is less. 
(o) Transfer of Permits to Replacement Vessels. 
(1) Conditions for permit transferability as defined in this subsection shall provide the mechanism for achieving the capacity goals defined in subsection (m) of this Section over time. 
(2) Definitions of Comparable Capacity. 
(A) For purposes of permit transferability described in this subsection, two vessels are of comparable capacity if the gross tonnage, as defined in subsection (n) of this Section, of the replacement vessel is not in excess of ten percent greater than the gross tonnage of the originally permitted vessel [the replacement vessel's gross tonnage must be less than (the gross tonnage of the original vessel) plus (0.1 multiplied by the gross tonnage of the original vessel)]. 
(B) A replacement vessel shall be considered of comparable capacity in cases of permit transfers where the gross tonnage of the original vessel exceeds the gross tonnage of the replacement vessel by any amount. Gross tonnage endorsement provisions for the replacement vessel defined in subsection (n) shall apply. 
(3) After August 31, 2005 the following conditions for transferability of permits to replacement vessels will be in effect for permits in each class as described: 
(A) The owner of a vessel with a valid Transferable Market Squid Vessel Permit may transfer the permit to another person who is the owner of a replacement commercial fishing vessel of comparable capacity as defined in this subsection. 
(B) If transfer is sought of a Transferable Market Squid Vessel Permit for a replacement commercial fishing vessel which is not of comparable capacity as defined in this subsection, one additional valid Transferable Market Squid Vessel Permit shall be transferred and surrendered to the department at the time of the transfer. Market Squid Vessel Permit transfers are not authorized in cases where the gross tonnage of the replacement vessel is not of comparable capacity to the sum of the gross tonnages of the two original vessels as defined above. 
(C) A Transferable Market Squid Brail Permit issued to an individual, partnership or corporation may be transferred to another entity who is the owner of a replacement commercial fishing vessel of comparable capacity as defined in this subsection. 
(D) A Transferable Market Squid Light Boat Permit issued to an individual, partnership or corporation may be transferred to another entity who is the owner of a replacement commercial fishing vessel. 
(E) In the event of death of the holder of a Transferable Market Squid Vessel Permit, Transferable Market Squid Brail Permit, or a Transferable Market Squid Light Boat Permit, the estate must apply for transfer of the permit to another entity within one year of the permitholder's death. 
(F) A Non-Transferable Market Squid Vessel Permit or a Non-Transferable Market Squid Brail Permit issued to an individual may not be transferred to another entity, but in the event the permitted vessel is lost, stolen or destroyed, or has suffered a major mechanical breakdown, the permit may be placed on a replacement vessel of comparable capacity as defined in subsection (m). A Non-Transferable Market Squid Light Boat Permit issued to an individual may not be transferred to another entity, but in the event the permitted vessel is lost, stolen or destroyed, or has suffered a major mechanical breakdown, the permit may be placed on a replacement  vessel. A notarized, written request for transfer must be submitted, along with proof that the permitted vessel is lost, stolen, or destroyed in the form of a copy of the report filed with the United States Coast Guard or any other law enforcement agency or fire department investigating the loss. In the case of mechanical breakdown, the request shall include an estimate of the costs to repair the vessel from a marine surveyor or boat repair yard. The department shall not issue a permit for a replacement vessel pursuant to this subsection if the permitted vessel was reported lost, stolen, destroyed, or damaged for fraudulent purposes. 
(4) The applicant for transfer must be the owner of a replacement commercial fishing vessel that has been registered with the department pursuant to Fish and Game Code Section 7881 at the time of application. 
(5) A written request for transfer of a market squid permit of any class shall be submitted to the department by the owner of the replacement vessel in the form of a notarized letter, accompanied by the nonrefundable transfer fee and shall include a copy of the permit or permits which are being considered for transfer, current proof of vessel ownership, and gross tonnage information as described in subsection (n), if applicable. 
(6) Any market squid permit holder intending to transfer a permit shall submit a notarized letter to the department setting forth the conditions of the sale, and shall specify that the terms of the transfer as documented by the replacement vessel owner are valid and true. 
(7) Upon determining that the applicant is qualified to transfer the permit to a replacement vessel, payment of all fees, and surrender to the department of the original permit or permits, the department shall issue the applicable permit to the owner of the replacement vessel that is valid for the remainder of the fishing season. Gross tonnage endorsement provisions defined in subsection (n) above shall apply. 
(8) At the time the permit transfer is complete, vessels previously authorized to fish under conditions of a surrendered permit shall not take or attract squid for commercial purposes unless otherwise authorized in regulation or statute. 
(p) Transfer Appeals. Any applicant who is denied transfer of a Market Squid Vessel Permit, Market Squid Brail Permit, or a Market Squid Light Boat Permit may appeal the denial to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked within 60 days of the date of the department's denial. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's written decision. 
(q) Market Squid Brail Permit Upgrade. Purchase of a Transferable Market Squid Brail Permit by a permittee who holds a Transferable Market Squid Light Boat Permit may occur with surrender of a Transferable Market Squid Light Boat Permit. Non-Transferable Light Boat Permits are not eligible for upgrade.
(1) An application for upgrade to a Market Squid Brail Permit shall be submitted to the department by a Transferable Market Squid Light Boat permittee in the form of a notarized letter, and shall include a copy of the permit which is being sought for surrender, current proof of vessel ownership, and gross tonnage information as described in subsection (n).
(2) Upon determining that the applicant is qualified to upgrade the permit, payment of all permit and upgrade fees, and surrender to the department of the original permit, the department shall issue the replacement permit that is valid for the remainder of the fishing season. Gross tonnage endorsement provisions defined in subsection (n) above shall apply.
(r) Market Squid Brail Permit Upgrade Appeals. Any applicant who is denied upgrade of a Transferable Market Squid Light Boat Permit to a Transferable Market Squid Brail Permit may appeal the denial to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked within 60 days of the date of the department's denial. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's written decision.
NOTE

Authority cited: Sections 713, 1050, 7071, 7078, 7923, 8026, 8425, 8428 and 8429.5, Fish and Game Code. Reference: Sections 1050, 7050, 7071, 7701, 7708, 7852.2, 7923, 8026, 8101, 8425, 8428, 8429.5 and 8429.7, Fish and Game Code. 
HISTORY

1. New section filed 3-28-2005; operative 3-28-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 13). 
2. New subsections (i)(3) and (q)-(r) filed 4-22-2005; operative 4-22-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 16).
3. Change without regulatory effect amending subsections (g) and (i)(1)(A)-(E) and amending Note filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
4. Amendment filed 2-13-2007; operative 2-13-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 7). 
5. Amendment of subsections (g) and (h) and Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28). 
6. Amendment of subsections (g), (i)(1)-(i)(3) and (l)(1) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§149.3. Experimental Market Squid Vessel Permits.
Note     •     History

(a) The commission may issue 3 Non-Transferable Market Squid Vessel Permits as described in Section 149.1 to any individual for placement on any vessel for purposes of developing a squid fishery in areas previously not utilized for squid production. 
(b) Excepting initial issuance provisions defined in subsection 149.1(c), terms and conditions of Section 149.1 apply in entirety to permits issued pursuant to this Section. 
(c) Individuals issued permits pursuant to this Section are subject to all commercial squid fishing regulations defined in Section 149, Title 14, CCR. 
(d) Market Squid Vessel Permits issued pursuant to this Section may be suspended, revoked, or cancelled by the commission upon conviction of a violation of regulations contained in Section 149, Title 14, CCR, or violation of the terms and conditions of the permit. 
NOTE

Authority cited: Sections 7071, 7078 and 8425, Fish and Game Code. Reference: Sections 7070, 7071, 7075, 7078 and 7083, Fish and Game Code.
HISTORY

1. New section filed 3-28-2005; operative 3-28-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 13). 
§150. Nearshore Fishery Restricted Access Program.
Note     •     History

(a) Nearshore Fishery Permits issued pursuant to Fish and Game Code Section 8587, are valid only in the regional management area specified in the permit. 
(b) The department shall issue a Nearshore Fishery Permit for a regional management area described in Section 52.04, Title 14, CCR to each nearshore fishery permittee who meets the regional qualifying criteria below. A person will receive only one Nearshore Fishery Permit for use in only one regional management area. A person meeting the qualifications for more than one regional management area must make a permanent, irrevocable decision prior to obtaining a Nearshore Fishery Permit for the 2003-2004 permit year to fish in one regional management area. The permit shall not be changed to another regional management area under any circumstances. 
(c) Nearshore Fish Stocks Used for Landings Qualification. The following names or market categories and their associated codes as recorded on department fish landing receipts pursuant to Fish and Game Code Section 8043 will be used to determine eligibility: black-and-yellow rockfish (251), cabezon (261), California scorpionfish (260), California sheephead (145), China rockfish (258), gopher rockfish (263), grass rockfish (652), greenlings of the genus Hexagrammos (290), kelp rockfish (659), group nearshore rockfish (973) and group gopher rockfish (962). 
(d) Initial Permit Issuance. 
(1) North Coast Region. The person has a valid 2002-2003 Nearshore Fishery Permit that has not been suspended or revoked, and has landed nearshore fish stocks as described in Section 150.01, Title 14, CCR, from January 1, 1994 to December 31, 1999, as documented by department fish landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046, and satisfies the landings and participation requirements below: 
(A) has made at least one landing of nearshore fish stocks as described in Section 150.01, Title 14, CCR, between January 1, 1994 and December 31, 1999, and
(B) has made at least one landing of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in either the 2000 or 2001 calendar year. 
(C) landings of nearshore fish stocks used to qualify must have been made at ports located within the North Coast Region as defined in Section 52.04, Title 14, CCR. 
(D) Nearshore Fishery Permits issued pursuant to subsection (d)(1) are designated North Coast Region Nearshore Fishery Permits, are transferable, and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the North Coast Region only. 
(2) North-Central Coast Region. The person has landed nearshore fish stocks as described in Section 150.01, Title 14, CCR, from January 1, 1994 to December 31, 1999, as documented by department fish landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046, and has a valid 2002-2003 Nearshore Fishery Permit that has not been suspended or revoked, and satisfies the landing and participation requirements below: 
(A) has landed at least 500 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in each of 3 calendar years during the period 1994 to 1999, inclusive. 
(B) has made at least one landing of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in either the 2000 or 2001 calendar year. 
(C) landings of nearshore fish stocks used to qualify must have been made at ports located within the North-Central Coast Region as defined in Section 52.04,Title 14, CCR. 
(D) Nearshore Fishery Permits issued pursuant to subsection (d)(2) are designated North-Central Coast Region Nearshore Fishery Permits, are transferable, and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the North-Central Coast Region only. 
(3) South-Central Coast Region. The person has landed nearshore fish stocks as described in Section 150.01, Title 14, CCR, from January 1, 1994 to December 31, 1999, as documented by department fish landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046, and has a valid 2002-03 Nearshore Fishery Permit that has not been suspended or revoked, and satisfies the landing and participation requirements below: 
(A) has landed at least 500 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in each of 3 calendar years during the period 1994 to 1999, inclusive, and which sold for a minimum average ex-vessel price per pound of $2.00 for landings of nearshore fish stocks landed during the most current three calendar years with landings of nearshore fish stocks during the period 1994 to 1999, inclusive. 
(B) has made at least one landing of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in either the 2000 or 2001 calendar year. 
(C) landings of nearshore fish stocks used to qualify must have been made at ports located within the South-Central Coast Region. 
(D) Nearshore Fishery Permits issued pursuant to subsection (d)(3) are designated South-Central Coast Region Nearshore Fishery Permits, are transferable, and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the South-Central Coast Region only. 
(4) South Coast Region. The person has landed nearshore fish stocks as described in Section 150.01, Title 14, CCR, from January 1, 1994 to December 31, 1999, as documented by department fish landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046, and has a valid 2002-2003 Nearshore Fishery Permit that has not been suspended or revoked, and satisfies the landing and participation requirements below: 
(A) has landed at least 500 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in each of 3 calendar years during the period 1994 to 1999, inclusive, and which sold for a minimum average ex-vessel price per pound of $2.00 for landings of nearshore fish stocks landed during the most current three calendar years with landings of nearshore fish stocks during the period 1994 to 1999, inclusive. 
(B) has made at least one landing of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in either the 2000 or 2001 calendar year. 
(C) landings of nearshore fish stocks used to qualify must have been made at ports located within the South Coast Region as defined in Section 52.04, Title 14, CCR. 
(D) Nearshore Fishery Permits issued pursuant to subsection (d)(4) are designated South Coast Region Nearshore Fishery Permits, are transferable, and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the South Coast Region only. 
(e) Initial Qualification for 20-year California Commercial Fishermen. During the initial year of the nearshore restricted access program, any person who has been licensed as a California commercial fisherman for at least 20 years at the time of application, and who does not qualify for a permit in (d)(1), (2), (3), or (4) above, and who has participated in the commercial nearshore fishery for at least one of those years as documented by department fish landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046, upon application shall be issued a Non-Transferable Nearshore Fishery Permit for one regional management area, based on the following minimum landing requirements in subsection (e)(1), (2), (3), or (4) below: 
(1) landed at least 200 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in any one calendar year between January 1, 1994 and December 31, 1999. 
(A) landings used to qualify must have been made at ports located within the North Coast Region as defined in Section 52.04, Title 14, CCR. 
(B) Nearshore Fishery Permits issued pursuant to subsection (e)(1) are designated Non-Transferable North Coast Nearshore Fishery Permits and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the North Coast Region only. 
(2) landed at least 650 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in any one calendar year between January 1, 1994 and December 31, 1999. 
(A) landings used to qualify must have been made at ports located within the North-Central Coast Region as defined in Section 52.04, Title 14, CCR. 
(B) Nearshore Fishery Permits issued pursuant to subsection (e)(2) are designated Non-Transferable North-Central Coast Nearshore Fishery Permits and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the North-Central Coast Region only. 
(3) landed at least 1,050 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in any one calendar year between January 1, 1994 and December 31, 1999. 
(A) landings used to qualify must have been made at ports located within the South-Central Coast Region as defined in Section 52.04, Title 14, CCR. 
(B) Nearshore Fishery Permits issued pursuant to subsection (e)(3) are designated Non-Transferable South-Central Coast Nearshore Fishery Permits and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the South-Central Coast Region only. 
(4) landed at least 800 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in any one calendar year between January 1, 1994 and December 31, 1999. 
(A) landings used to qualify must have been made at ports located within the South Coast Region as defined in Section 52.04, Title 14, CCR. 
(B) Nearshore Fishery Permits issued pursuant to subsection (e)(4) are designated Non-Transferable South Coast Nearshore Fishery Permits and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the South Coast Region only.
(5) A non-transferable Nearshore Fishery Permit shall become null and void upon the death of the permit holder.
(f) Capacity Goal. The capacity goal for each nearshore regional management area is as follows: 14 North Coast Region Nearshore Fishery Permits, 9 North-Central Coast Region Nearshore Fishery Permits, 20 South-Central Coast Region Nearshore Fishery Permits, and 18 South Coast Region Nearshore Fishery Permits. The capacity goal for Non-Transferable Nearshore Fishery Permits is zero. 
(g) Permit Transfers. 
(1) If the combined total of transferable and non-transferable Nearshore Fishery permits in a regional management area is greater than the capacity goal for that regional management area on or after April 1, 2003, the following provisions for permit transfers are in effect: 
(A) A Nearshore Fishery Permit issued pursuant to this section may be voluntarily transferred by the permittee, if the transferee (person to whom the permit is to be issued) has never been convicted of a violation of any provision of these regulations or of the Fish and Game Code pertaining to the commercial take of nearshore fish stocks as described in Section 150.01, Title 14, CCR. Until the number of permits in a regional management area equals or falls below the capacity goal for that regional management area, a permit may only be transferred if one additional transferable permit for the same regional management area is surrendered to the department for cancellation at the same time the application for the transfer is submitted to the department. 
(B) A Nearshore Fishery Permit may be transferred pursuant to this section to a person only if that person holds a commercial fishing license issued pursuant to Fish and Game Code Section 7850 and submits to the department a notarized letter from each of the permittees described in subdivision (A), that each include a statement identifying the person to whom the Nearshore Fishery Permit is to be transferred and setting forth the conditions of the transfer. 
(C) Application for transfer of a Nearshore Fishery Permit, in the form of a notarized letter, shall be submitted to the department by the transferee. 
(D) Upon determining that the transferee of the Nearshore Fishery Permit is qualified to receive a Nearshore Fishery Permit and upon payment of all permit and transfer fees, the department shall issue a Nearshore Fishery Permit for that regional management area to the transferee that is valid for the remainder of the then current fishing season. At the time the permit transfer is complete the additional transferable Nearshore Fishery Permit is required to be surrendered by the transferee pursuant to subsection (g)(1)(A). If the transferee holds a Non-Transferable Nearshore Fishery Permit, that permit shall be cancelled. 
(E) After the transfer of a person's Nearshore Fishery Permit, the former permit holder may not take, possess, transfer, or sell any nearshore fish stocks as described in Section 150.01, Title 14, CCR, for commercial purposes unless otherwise permitted by law. 
(2) Should the combined total of transferable and non-transferable Nearshore Fishery Permits in a regional management area fall below the capacity goal, the commission may prescribe criteria for the transfer of permits or the issuance of additional permits pursuant to the Administrative Procedure Act following public notice and not less than one public hearing.
(3) A transferable Nearshore Fishery Permit issued pursuant to this section may be transferred to the estate of a permittee who has died only for the purpose of transferring the Nearshore Fishery Permit to another person. 
(A) Such transfer may be considered if the estate makes application, in the form of a notarized letter, for the transfer within one year of the date of death as listed on the death certificate. 
(B) The estate is responsible for any permit renewal fees under subsection (n) of this Section or Section 150.03, Title 14, CCR. 
(4) The Nearshore Fishery Permit in the estate of a deceased permittee may be transferred to any person who meets all of the following qualifications: 
(A) The person, at that time, holds a commercial fishing license issued pursuant to Fish and Game Code Section 7850. 
(B) The person has never been convicted of a violation of any provision of these regulations or of the Fish and Game Code pertaining to the commercial take of nearshore fish stocks. 
(C) The transfer of the permit is subject to subsection (g)(1) and (2) above. 
(5) A Nearshore Fishery Permit in the estate of a deceased permittee that is transferred to an immediate family member (spouse, child, grandchild, parent, or sibling) or to a partner as described in Fish and Game Code Section 8102 is exempt from the requirements in subsection (g)(1) and (2) above. 
(h) Application Deadline for Initial Issuance of Nearshore Fishery Permit. All applications (FG 1326(1/03), incorporated herein by reference) and permit fees for initial issuance of Nearshore Fishery Permits under the restricted access program must be received by the department, or, if mailed, be postmarked on or before June 30, 2003. Applications and permit fees for initial issuance of Nearshore Fishery Permits under the restricted access program received by the department, or, if mailed, postmarked from July 1 through July 31, 2003 will be assessed a $50 late fee. Applications and permit fees for the initial issuance of Nearshore Fishery Permits under the restricted access program postmarked or received after July 31, 2003 shall be returned to the applicant unissued. 
(i) Nearshore Fishery Permit Renewal Requirements. Notwithstanding Fish and Game Code Section 8587, after April 1, 2004, Nearshore Fishery Permits for a regional management area will be issued annually by the department only to those persons who have held a valid Nearshore Fishery Permit for that regional management area in the immediately preceding permit year. 
(j) Application Deadline for Nearshore Fishery Permit Renewal. All applications as specified in Section 705 and permit fees for renewal of Nearshore Fishery Permits must be received by the department, or, if mailed, postmarked on or before April 30 of each permit year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(k) Presence of Permit Holder on Vessel. At least one Nearshore Fishery Permit holder shall be on board at all times when taking, possessing aboard a boat, or landing nearshore fish stocks as described in Section 150.01, Title 14, CCR. If a support vessel is used, a permit holder shall be on each vessel when taking nearshore fish stocks. 
(l) Gear Authorized for Use. Only dip nets (as defined in Section 1.42, Title 14, CCR), hook-and-line gear consistent with restrictions of Section 150.17, Title 14, CCR, and gear authorized for use under a gear endorsement issued pursuant to Section 150.03, Title 14, CCR, shall be used to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR. 
(m) Appeals. 
(1) Any applicant who is denied initial issuance of a Nearshore Fishery Permit for any reason may appeal to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked, no later than March 31, 2004. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's denial. 
(2) Renewal Appeals. Late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(3) Any applicant who is denied transfer of a Nearshore Fishery Permit may appeal to the department in writing describing the basis for the appeal. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's denial. 
(n) Fees. Notwithstanding Fish and Game Code Section 8587, the fees for a Nearshore Fishery Permit under the restricted access program shall be as follows: 
(1) The department shall charge an annual fee for each transferable Nearshore Fishery Permit as specified in Section 705. 
(2) The department shall charge an annual fee for each Non-Transferable Nearshore Fishery Permit as specified in Section 705. 
(3) The department shall charge a non-refundable fee for each permit transfer as specified in Section 705. If more than one permit is required for the transfer, the fee specified in Section 705 shall be charged. 
(o) Revocation of Permits. Any permit may be suspended, revoked, or cancelled by the commission upon conviction of a violation of any provision of these regulations or Fish and Game Code pertaining to the commercial take of nearshore fish stocks as described in Section 150.01, Title 14, CCR, or violation of the terms or conditions of the permit by the holder thereof, his agents, servants, employees or those acting under his direction and control. 
NOTE

Authority cited: Sections 713, 1050, 7071 and 8587.1, Fish and Game Code. Reference: Sections 713, 1050, 7071, 7850, 7852.2, 7857, 7858, 8043, 8046, 8102, 8587, 8587.1, 8588, 8589.5 and 8589.7, Fish and Game Code.
HISTORY

1. New section filed 10-13-2000; operative 10-13-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 41).
2. Amendment of subsection (a) and new subsection (b)(1) filed 3-14-2002; operative 3-14-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 11).
3. Amendment of section heading, repealer and new section and amendment of Note filed 3-10-2003; operative 3-10-2003 pursuant to Government Code Section 11343.4 (Register 2003, No. 11).
4. Amendment filed 3-29-2004; operative 3-29-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 14). 
5. Amendment of subsection (l) filed 3-14-2005; operative 4-13-2005 (Register 2005, No. 11).
6. Change without regulatory effect amending subsections (j) and (n)(1)-(3) and amending Note filed 5-10-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 19).
7. Change without regulatory effect amending subsections (j) and (n)(1)-(2) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
8. Amendment of subsection (j), repealer and new subsection (m)(2) and amendment of Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28). 
9. Amendment of subsections (j) and (n)(1)-(3) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§150.01. Nearshore Fishery Permit Required.
Note     •     History

Notwithstanding Section 8587 of the Fish and Game Code, a nearshore fishing permit is required only for the commercial take of the following species of nearshore fish stocks: black-and-yellow rockfish, gopher rockfish, kelp rockfish, California scorpionfish, greenlings of the genus Hexagrammos, China rockfish, grass rockfish, California sheephead, and cabezon. 
NOTE

Authority cited: Section 8587.1, Fish and Game Code. Reference: Section 8587, Fish and Game Code. 
HISTORY

1. New section filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
§150.02. Control Dates for Other Nearshore Species; Permits to Commercially Take Deeper Nearshore Fish Species.
Note     •     History

(a) Permit Required. Effective April 1, 2003, any person taking, possessing aboard a boat, or landing any species of deeper nearshore fish listed in subsection (b) below for commercial purposes shall possess a valid deeper nearshore species fishery permit issued to that person that has not been suspended or revoked, except that when using a boat to take deeper nearshore species at least one person aboard the boat shall have a valid deeper nearshore species fishery permit.
(b) Permit Authorization. Notwithstanding Section 8587 of the Fish and Game Code, a deeper nearshore species fishery permit is required only for the commercial take of the following species of nearshore fish stocks: black rockfish, blue rockfish, brown rockfish, calico rockfish, copper rockfish, olive rockfish, quillback rockfish and treefish.
(c) Permit Revocation.  Deeper nearshore species fishery permits are revocable.
(d) Fees. The fee for a deeper nearshore species fishery permit is specified in Section 705.
(e) Initial Issuance Criteria. Notwithstanding Section 8587 of the Fish and Game Code, a deeper nearshore species fishery permit shall be issued only to persons who have made landings that cumulatively total 200 pounds of any of the eight species for which a deeper nearshore species fishery permit is required pursuant to subsection (b). Landings must have been made in an individual's name and commercial fishing license identification number and submitted on fish landing receipts to the department pursuant to Section 8043, Fish and Game Code, and must have been made from January 1, 1994 through December 31, 1999. Applications (FG 1329(2/03), incorporated herein by reference) for initial issuance must be received by the department, or, if mailed, postmarked on or before September 30, 2003. Applications received by the department or postmarked from October 1, 2003 through October 31, 2003 must be accompanied by a $50 late fee. Applications received by the department or postmarked after October 31, 2003 will be returned to the applicant unissued.
(f) Appeal. Any applicant who is denied issuance of a deeper nearshore species fishery permit may appeal the denial to the department in writing describing the basis for the appeal. The appeal shall be received by the department, or, if mailed, postmarked on or before March 31, 2004. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's decision.
(g) Renewal.
(1) Applicants seeking renewal of a deeper nearshore species fishery permit must have held a deeper nearshore species fishery permit in the immediately preceding permit year.
(2) Applications as specified in Section 705 and permit fees for renewal of a deeper nearshore species fishery permit must be received by the department, or, if mailed, postmarked on or before April 30 of each permit year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(3) Applications for renewal must be accompanied by evidence that the qualification requirements specified in subsection (g)(1) have been met.
(h) A control date of December 31, 1999 is established for the purpose of developing a restricted access commercial nearshore fishery for those persons taking nearshore fish stocks not covered under other nearshore control dates or nearshore restricted access programs established in Section 150, Title 14, CCR. Species subject to this control date include only black rockfish, blue rockfish, brown rockfish, calico rockfish, copper rockfish, monkeyface eel, olive rockfish, quillback rockfish and treefish. Landings of these species made after this date may not apply toward qualifying for participation in a future restricted access program for this component of the nearshore fishery.
(i) This section does not apply to those nearshore species for which a Nearshore Fishery Permit is required pursuant to Section 150.01.
NOTE

Authority cited: Sections 713, 1050, 7071 and 8587.1, Fish and Game Code. Reference: Sections 1050, 7071, 7852.2, 7857, 7858, 8585.5 and 8587.1, Fish and Game Code.
HISTORY

1. New section filed 8-12-2002; operative 9-11-2002 (Register 2002, No. 33).
2. Amendment of section heading, section and Note filed 3-26-2003; operative 3-26-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 13). 
3. Amendment of subsections (e) and (g)(2) filed 3-29-2004; operative 3-29-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 14). 
4. Change without regulatory effect amending subsections (d) and (g)(2) and amending Note filed 5-10-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 19).
5. Change without regulatory effect amending subsections (d) and (g)(2) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
6. Amendment of subsection (g)(2) and Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28). 
7. Amendment of subsections (d) and (g)(2) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§150.03. Nearshore Fishery Gear Endorsement Program.
Note     •     History

(a) The following regulations govern the qualification, issuance and appeals process of a gear endorsement program for the commercial take of nearshore fish stocks. 
(b) Nearshore fish stocks are those listed in Section 150.01, Title 14, CCR. 
(c) Qualifications for Gear Endorsement. A transferable gear endorsement shall be issued upon application only to a person who has a valid 2003-2004 transferable Nearshore Fishery Permit, issued pursuant to Section 150, Title 14, CCR, for a specific regional management area as defined in Section 52.04, Title 14, CCR. A non-transferable gear endorsement shall be issued upon application only to a person who has a valid 2003-2004 non-transferable Nearshore Fishery Permit, issued pursuant to Section 150, Title 14, CCR, for a specific regional management area as defined in Section 52.04, Title 14, CCR. The following qualifying criteria shall be used to determine eligibility for either a transferable or non-transferable trap endorsement: 
(1) North Coast Region Trap Endorsement. A trap endorsement allows the permittee to use trap gear when taking nearshore fish stocks as described in Section 150.01, Title 14, CCR, in addition to gear authorized under Section 150(l), Title 14, CCR. A trap endorsement shall be attached to the North Coast Region Nearshore Fishery Permit issued to a person who has satisfied the following requirements: 
(A) has a valid 2002-2003 general trap permit that has not been suspended or revoked, and 
(B) has landed at least 1,000 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, between January 1, 1994 and October 20, 2000 that were taken with trap gear. 
(C) landings of nearshore fish stocks as described in Section 150.01, Title 14, CCR, used to qualify must have been made at ports located within the North Coast Region as defined in Section 52.04, Title 14, CCR, as documented by department landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046. 
(2) North-Central Coast Region Trap Endorsement. A trap endorsement allows the permittee to use trap gear when taking nearshore fish stocks as described in Section 150.01, Title 14, CCR, in addition to gear authorized under Section 150(l), Title 14, CCR. A trap endorsement shall be attached to the North-Central Coast Region Nearshore Fishery Permit issued to a person who has satisfied the following requirements: 
(A) has a valid 2002-2003 general trap permit that has not been suspended or revoked, and 
(B) has landed at least 1,000 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, between January 1, 1994 and October 20, 2000 that were taken with trap gear. 
(C) landings of nearshore fish stocks as described in Section 150.01, Title 14, CCR, used to qualify must have been made at ports located within the North-Central Coast Region as defined in Section 52.04, Title 14, CCR, as documented by department landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046. 
(3) South-Central Coast Region Trap Endorsement. A trap endorsement allows the permittee to use trap gear when taking nearshore fish 

stocks as described in Section 150.01, Title 14, CCR, in addition to gear authorized under Section 150(l), Title 14, CCR. A trap endorsement shall be attached to the South-Central Coast Region Nearshore Fishery Permit issued to a person who has satisfied the requirements of either (A), or (B) and (C) below: 
(A) has a valid 2002-2003 finfish trap permit that has not be suspended or revoked, or 
(B) has a valid 2002-2003 general trap permit that has not been suspended or revoked, and has landed at least 500 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in each of 3 calendar years during the period January 1, 1994 through October 20, 2000 that were taken with trap gear. 
(C) landings of nearshore fish stocks as described in Section 150.01, Title 14, CCR, used to qualify must have been made at ports located within the South-Central Coast Region as defined in Section 52.04, Title 14, CCR, as documented by department landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046. 
(4) South Coast Region Trap Endorsement. A trap endorsement allows the permittee to use trap gear when taking nearshore fish stocks as described in Section 150.01, Title 14, CCR, in addition to gear authorized under Section 150(l), Title 14, CCR. A trap endorsement shall be attached to the South Coast Region Nearshore Fishery Permit issued to a person who has a valid 2002-2003 finfish trap permit that has not been suspended or revoked.
(5) A non-transferable trap endorsement issued under this Section shall become null and void upon the death of the permit holder.
(d) Transfer of Nearshore Fishery Permit Gear Endorsements. The transfer of a Nearshore Fishery Permit gear endorsement is subject to the provisions of Section 150(g), Title 14, CCR. Only one Nearshore Fishery Permit gear endorsement is required to transfer the gear endorsement to a new permittee. 
(e) Application Deadline for Initial Issuance of Nearshore Fishery Permit Gear Endorsements. All applications (FG 1327(1/03), incorporated herein by reference) and permit fees for initial issuance of Nearshore Fishery Permit gear endorsements under the restricted access program must be received by the department, or, if mailed, be postmarked on or before June 30, 2003. Applications and permit fees for initial issuance of Nearshore Fishery Permit gear endorsements under the restricted access program received by the department, or, if mailed, postmarked from July 1 through July 31, 2003 will be assessed a $50 late fee. Applications and permit fees for the initial issuance of Nearshore Fishery Permit gear endorsements under the restricted access program postmarked or received after July 31, 2003 shall be returned to the applicant unissued. 
(f) Nearshore Fishery Permit Gear Endorsement Renewal Requirements. After April 1, 2004, notwithstanding Fish and Game Code Section 8587, Nearshore Fishery Permit gear endorsements for a regional management area will be renewed annually by the department only to a person who has held a valid Nearshore Fishery Permit gear endorsement for that regional management area in the immediately preceding permit year. 
(g) Application Deadline for Nearshore Fishery Permit Gear Endorsement Renewal. All applications as specified in Section 705 and permit fees for renewal of Nearshore Fishery Permit gear endorsements must be received by the department, or, if mailed, postmarked on or before April 30 of each permit year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(h) Appeals. 
(1) Any applicant who is denied initial issuance of a Nearshore Fishery Permit gear endorsement for any reason may appeal to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked, no later than March 31, 2004. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's denial. 
(2) Renewal Appeals. Late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(3) Any applicant who is denied transfer of a Nearshore Fishery Permit gear endorsement may appeal to the department in writing describing the basis for the appeal. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's denial. 
(i) Fees. Notwithstanding Fish and Game Code Section 8587, the fees for a Nearshore Fishery Permit gear endorsement under the restricted access program shall be as follows: 
(1) The department shall charge an annual fee for each Nearshore Fishery Permit gear endorsement as specified in Section 705. 
(2) The department shall charge a non-refundable fee as specified in Section 705 for each gear endorsement transfer. 
(j) Revocation of Nearshore Fishery Permit Gear Endorsement. Any Nearshore Fishery Permit gear endorsement may be suspended, revoked, or cancelled by the commission upon conviction of a violation of any provision of these regulations or Fish and Game Code pertaining to the commercial take of nearshore fish stocks as described in Section 150.01, Title 14, CCR, or violation of the terms or conditions of the permit by the holder thereof, his agents, servants, employees or those acting under his direction and control.
(k) Notwithstanding Fish and Game Code Section 9001.5, a finfish trap permit is not required when taking nearshore fish stocks under the authority of a Nearshore Fishery Permit and trap endorsement issued pursuant to sections 150 and 150.03, Title 14, CCR. A general trap permit, issued pursuant to Fish and Game Code Section 9001, is required when taking nearshore fish stocks under the authority of a Nearshore Fishery Permit and trap endorsement issued pursuant to sections 150 and 150.03, Title 14, CCR.
NOTE

Authority cited: Sections 713, 1050 and 8587.1, Fish and Game Code. Reference: Sections 1050, 7852.2, 8046, 8589.5, 8589.7, 9001 and 9001.5, Fish and Game Code. 
HISTORY

1. New section filed 6-18-2001; operative 7-18-2001 (Register 2001, No. 25).
2. Amendment of section heading, section and Note filed 3-10-2003; operative 3-10-2003 pursuant to Government Code Section 11343.4 (Register 2003, No. 11).
3. Amendment of section and Note filed 3-29-2004; operative 3-29-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 14). 
4. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations, amending subsections (g), (i)(1)-(i)(2) and Note in accordance with section 713 of the Fish and Game Code, filed 5-11-2005; operative 6-10-2005 pursuant to the Commission's instructions (Register 2005, No. 19).
5. Change without regulatory effect amending subsections (g) and (i)(1)-(2) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
6. Amendment of subsection (g), repealer and new subsection (h)(2) and amendment of Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28). 
7. Amendment of subsections (g) and (i)(1)-(2) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§150.04. Control Date for Gear Endorsement Program for Other Nearshore Species.
Note     •     History

(a) A control date of October 20, 2000 is established for the purpose of developing and implementing a gear endorsement program for the commercial nearshore fishery for nearshore fish stocks not covered under other nearshore control dates or nearshore restricted access programs established in Section 150, Title 14, CCR, or Section 150.03, Title 14, CCR. Species subject to this control date include only black rockfish, blue rockfish, brown rockfish, calico rockfish, copper rockfish, monkeyface eel, olive rockfish, quillback rockfish and treefish. 
(b) In addition to any other requirements the Commission may adopt, in order to be considered for inclusion in a future gear endorsement program described in subsection (a), a person must have made at least one landing of the nearshore species described in subsection (a). This landing must be in his/her own name and commercial fishing license identification number on or before the control date in subsection (a) using a specified gear type (traps and/or hook and line and/or nets) as documented by a fish landing receipt prepared pursuant to Fish and Game Code Section 8043 and submitted to the department pursuant to Fish and Game Code Section 8046.
(c) This section does not apply to those nearshore species for which a Nearshore Fishery Permit is required pursuant to Section 150.01.
NOTE

Authority cited: Sections 7071 and 8587.1, Fish and Game Code. Reference: Sections 7071, 8043, 8046, 8585.5, 8586 and 8587.1, Fish and Game Code.
HISTORY

1. New section filed 8-12-2002; operative 9-11-2002 (Register 2002, No. 33).
2. Amendment of subsections (a) and (b) filed 3-26-2003; operative 3-26-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 13). 
§150.05. Nearshore Fishery Bycatch Permit Program.
Note     •     History

(a) A Nearshore Fishery Bycatch Permit authorizing the take, possession aboard a vessel, or landing of nearshore fish stocks as described in Section 150.01, Title 14, CCR, and in the manner and amount described in subsections (b) and (d) below may be issued to a person who meets the following conditions: 
(1) has a valid 2002-2003 Nearshore Fishery Permit that has not been suspended or revoked. 
(2) The person is not eligible for a 2003-2004 Nearshore Fishery Permit, or the person is eligible for a 2003-2004 Nearshore Fishery Permit based on landings made with gear not authorized under Section 150 or 150.03, Title 14, CCR, and chooses not to convert to the gear authorized pursuant to Section 150, 150.03 or 150.17, Title 14, CCR. 
(b) Gear Authorized for Use. Only trawl or entangling nets shall be used to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, under a Nearshore Fishery Bycatch Permit issued pursuant to this section. 
(c) Nearshore Fishery Bycatch Permits are non-transferable and the permit becomes null and void upon the death of the permit holder. 
(d) Trip Limits.
(1) Nearshore Fishery Bycatch Permit holders are subject to all state and federal cumulative trip limits pursuant to sections 150.16 and 189, Title 14, CCR. Pursuant to sections 150.06 and 189, Title 14, CCR, no retention of nearshore fish stocks is allowed when the directed nearshore fishery is closed.
(2) Notwithstanding, Section 120.3, Title 14, CCR, and Fish and Game Code Section 8496, a person holding a Nearshore Fishery Bycatch Permit may take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, under the following trip limits: 
(A) North Coast Region. Zero (0) pounds of nearshore fish stocks may be taken per trip. 
(B) North-Central Coast Region. Zero (0) pounds of nearshore fish stocks may be taken per trip. 
(C) South-Central Coast Region. Twenty-five (25) pounds of nearshore fish stocks may be taken per trip. 
(D) South Coast Region. Fifty (50) pounds of nearshore fish stocks may be taken per trip. 
(e) Application Deadline for Initial Issuance of Nearshore Fishery Bycatch Permits. All applications (FG 1328(1/03), incorporated herein by reference) and permit fees for initial issuance of Nearshore Fishery Bycatch Permits must be received by the department, or, if mailed, be postmarked on or before June 30, 2003. Applications and permit fees for initial issuance of Nearshore Fishery Bycatch Permits under the restricted access program received by the department, or, if mailed, postmarked from July 1 through July 31, 2003 will be assessed a $50 late fee. Applications and permit fees for the initial issuance of Nearshore Fishery Bycatch Permits under the restricted access program postmarked or received after July 31, 2003 shall be returned to the applicant unissued. 
(f) Nearshore Fishery Bycatch Permit Renewal Requirements. Notwithstanding Fish and Game Code Section 8587, after April 1, 2004, Nearshore Fishery Bycatch Permits will be renewed annually by the department only to a person who has held a valid Nearshore Fishery Bycatch Permit in the immediately preceding permit year. 
(g) Application Deadline for Nearshore Fishery Bycatch Permit Renewal. All applications as specified in Section 705 and permit fees for renewal of Nearshore Fishery Bycatch Permits must be received by the department, or, if mailed, postmarked on or before April 30 of each permit year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(h) Appeals. 
(1) Any applicant who is denied initial issuance of a Nearshore Fishery Bycatch Permit for any reason may appeal to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked, no later than March 31, 2004. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's denial. 
(2) Renewal Appeals. Late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(i) Fees. The department shall charge an annual fee for each Nearshore Fishery Bycatch Permit as specified in Section 705. 
(j) Revocation of Nearshore Fishery Bycatch Permit. Any permit may be suspended, revoked, or cancelled by the commission upon conviction of a violation of any provision of these regulations or Fish and Game Code pertaining to the commercial take of nearshore fish stocks as described in Section 150.01, Title 14, CCR, or violation of the terms or conditions of the permit by the holder thereof, his agents, servants, employees or those acting under his direction and control. 
NOTE

Authority cited: Sections 713, 1050, 5510, 8550, 8553, 8555 and 8587.1, Fish and Game Code. Reference: Sections 713, 1050, 7850, 7852.2, 8043, 8496, 8550, 8552, 8552.6, 8553, 8554, 8555, 8556, 8557, 8559, 8587 and 8587.1, Fish and Game Code. 
HISTORY

1. New section filed 3-10-2003; operative 3-10-2003 pursuant to Government Code Section 11343.4 (Register 2003, No. 11).
2. Amendment filed 3-29-2004; operative 3-29-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 14). 
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations, amending subsections (g) and (i) and amending Note in accordance with section 713 of the Fish and Game Code, filed 5-11-2005; operative 6-10-2005 pursuant to the Commission's instructions (Register 2005, No. 19).
4. Change without regulatory effect amending subsections (g) and (i) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
5. Amendment of subsection (g), repealer and new subsection (h)(2) and amendment of Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28). 
6. Amendment of subsections (g) and (i) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§150.06. Management Areas Defined; Closure Periods Defined.
Note     •     History

(a) Cowcod closure areas means both Area 1 and Area 2: Area 1, also termed the western cowcod conservation area adopted as federal groundfish regulations, is an area south of Point Conception bound by straight lines connecting the following points in the order listed: 
33o50' N. lat., 119o30' W. long.; 
33o50' N. lat., 118o50' W. long.; 
32o20' N. lat., 118o50' W. long.; 
32o20' N. lat., 119o37' W. long.; 
33o00' N. lat., 119o37' W. long.; 
33o00' N. lat., 119o53' W. long.; 
33o33' N. lat., 119o53' W. long.; 
33o33' N. lat., 119o30' W. long.; 
33o50' N. lat., 119o30' W. long.; 
The transit corridor through the cowcod closure Area 1 is bounded on the north by the latitude line at 33o00'30” N. lat., and on the south by the latitude line at 32o59'30” N. lat., and Area 2, also termed the eastern cowcod conservation area adopted as federal groundfish regulations, that is a smaller area west of San Diego bound by straight lines connecting the following points in the order listed: 
32o42' N. lat., 118o02' W. long.; 
32o42' N. lat., 117o50' W. long.; 
32o36'42” N. lat., 117o50' W. long.; 
32o30' N. lat., 117o53'30” W. long.; 
32o30' N. lat., 118o02' W. long.; 
32o42' N. lat., 118o02' W. long.; 
(b) Seasonal closure periods and in-season closures enacted due to quota attainment for commercial rockfish, a subgroup of rockfish, lingcod or California scorpionfish noticed in the Federal Register by the National Marine Fisheries Service shall apply in state waters within the geographic boundary areas defined in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660. See also Section 189, Title 14, California Code of Regulations for additional explanation regarding fishing for federal groundfish in state waters.
(c) Seasonal closures for commercial sheephead, cabezon, and greenlings of the genus Hexagrammos:
(1) For ocean waters between 42o00' N. lat. (the Oregon/California border) and 40o10' N. lat. (near Cape Mendocino, Humboldt County), closed time periods for sheephead, cabezon, and greenlings of the genus Hexagrammos shall be defined as the time periods closed to commercial take of shallow and deeper nearshore rockfishes for ocean waters between 40o10' N. lat. (near Cape Mendocino) and 34o27' N. lat. (at Point Conception, Santa Barbara County), noticed in the Federal Register by the National Marine Fisheries Service, or defined in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660. Time periods closed to the commercial take of shallow or deeper nearshore rockfish fisheries enacted in-season due to quota attainment do not apply.
(2) For ocean waters between 40o10' N. lat. (near Cape Mendocino) and 34o27' N. lat. (at Point Conception, Santa Barbara County), closed time periods for sheephead, cabezon, and greenlings of the genus Hexagrammos shall be defined as the time periods closed to commercial take of shallow and deeper nearshore rockfishes in this area noticed in the Federal Register by the National Marine Fisheries Service, or defined in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660. Time periods closed to the commercial take of shallow or deeper nearshore rockfish fisheries enacted in-season due to quota attainment do not apply.
(3) For ocean waters between 34o27' N. lat. (at Point Conception, Santa Barbara County) and the U.S./Mexico border, closed time periods for sheephead, cabezon, and greenlings of the genus Hexagrammos shall be defined as the time periods closed to commercial take of shallow and deeper nearshore rockfishes in this area noticed in the Federal Register by the National Marine Fisheries Service, or defined in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660. Time periods closed to the commercial take of shallow or deeper nearshore rockfish fisheries enacted in-season due to quota attainment do not apply.
NOTE

Authority cited: Sections 7071, 7652 and 8587.1, Fish and Game Code. Reference: Sections 7071, 7652, 8585.5 and 8587.1, Fish and Game Code. 
HISTORY

1. New section filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
2. Repealer and new subsection (b), new subsection (c) and subsection relettering filed 12-30-2002; operative 1-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 1). 
3. Amendment of subsection (a) filed 12-31-2002; operative 12-31-2002. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652(d) (Register 2003, No. 1).
4. Repealer of subsection (d) filed 11-7-2003; operative 12-7-2003 (Register 2003, No. 45).
5. Repealer and new subsection (c), new subsections (c)(1)-(3) and amendment of Note filed 1-15-2004; operative 1-15-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 3). 
§150.16. Commercial Take of Nearshore Fishes.
Note     •     History

(a) Notwithstanding Section 8588(b) of the Fish and Game Code, minimum size limits (total length) are as follows: 

(1) black-and-yellow rockfish (Sebastes chrysomelas)	10 in. 

(2) cabezon (Scorpaenichthys marmoratus)	15 in. 

(3) California scorpionfish or sculpin 
   (Scorpaena guttata)	10 in. 

(4) California sheephead (Semicossyphus pulcher)	13 in. 

(5) China rockfish (Sebastes nebulosus)	12 in. 

(6) gopher rockfish (Sebastes carnatus)	10 in. 

(7) grass rockfish (Sebastes rastrelliger)	12 in. 

(8) greenlings of the genus Hexagrammos 
   (Hexagrammos spp.)	12 in. 

(9) kelp rockfish (Sebastes atrovirens)	10 in. 
(b) Species of nearshore fish stocks as defined in Section 1.90, Title 14, CCR, must be sorted by species prior to weighing and the weight reported separately on the Fish and Game receipt.
(c) Any nearshore fish listed under this section that are taken in a nearshore fishery shall be measured immediately upon being brought aboard the vessel and released immediately if not in compliance with the size limits specified. 
(d) Regulations adopted to modify the minimum size limits or to specify maximum size limits shall be based on the best available scientific information and adopted pursuant to the Administrative Procedure Act following public notice and not less than one public hearing. 
(e) Cumulative trip limits for sheephead, cabezon, greenlings of the genus Hexagrammos, California scorpionfish, and subgroups of rockfish.
(1) A cumulative trip limit is the total number of pounds of a species or a species group that may be taken and retained, possessed, or landed by an individual commercial licensee in a cumulative trip limit period without a limit on the number of landings or trips.
(2) Cumulative trip limit periods start at 0001 hours local time, end at 2400 hours local time, and are in two month periods as follows:
(A) January 1 through the last day of February,
(B) March 1-April 30,
(C) May 1-June 30,
(D) July 1-August 31,
(E) September 1-October 31,
(F) November 1-December 31.
(3) Landings toward a cumulative trip limit value for a defined cumulative trip limit period provided in this subsection are summed by an individual's California commercial license number listed on fish receipts submitted to the department pursuant to Section 8043, Fish and Game Code.
(4) Any person landing species for which there is a cumulative trip limit established pursuant to this Section shall keep in their immediate possession copies of any and all reports of landings required by state laws or regulations throughout the cumulative limit period during which a landing occurred and for 15 days thereafter.
(5) Cumulative trip limit values noticed in the Federal Register by the National Marine Fisheries Service for the cumulative trip limit periods for shallow nearshore rockfish, deeper nearshore rockfish, and California scorpionfish apply to each individual California commercial licensee in addition to the federally-defined vessel-based limits. Landings are summed by an individual's California commercial license number listed on fish receipts submitted to the department pursuant to Section 8043, Fish and Game Code.
(6) Cumulative trip limits for sheephead, cabezon and greenlings.
(A) The cumulative trip limit per individual per two-month limit period when fishing is allowed pursuant to Section 150.06, Title 14, CCR, is as follows:

	Sheephead	Cabezon	Greenlings

January-February	2,000 pounds	300 pounds	150 pounds
March-April	2,000 pounds	100 pounds	150 pounds
May-June	2,400 pounds	500 pounds	200 pounds
July-August	2,400 pounds	500 pounds	200 pounds
September-October	2,400 pounds	500 pounds	200 pounds
November-December	2,400 pounds	300 pounds	150 pounds
(B) The department will evaluate year-to-date catch levels against total allowable catch limits defined in Section 52.10. Based on these data, when the department determines that cumulative trip limits defined in this Section need significant adjustment upward or downward (by 50 percent or more) in order to spread the allowable catches through the open season to the extent possible and prevent early attainment of the annual total allowable commercial catch, the cumulative trip limits defined in this Section may become inoperative and may be replaced with alternative limits as determined by the department. The department may perform these in-season analyses between May and September of each year; and provide notification of changes by October 15 of each year, as described in subsection (e)(6)(C).
(C) The department shall give holders of nearshore fishery permits no less than 10 days notice of any cumulative trip limit change pursuant to this Section via a notification letter sent to the permittee's address on file with the department.
(D) When allocations, total allowable catches or other catch limits defined in Section 52.10 are reached, and action to close the fishery is taken pursuant to Section 52.10 subsection (b), cumulative trip limits defined in this Section become inoperative.
(f) All other trip limits (including daily, weekly and cumulative trip limits) established for commercial rockfish, a subgroup of rockfish, or California scorpionfish noticed in the Federal Register by the National Marine Fisheries Service shall apply in state waters within the geographic boundary areas defined in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660. See also Section 189, Title 14, California Code of Regulations for additional requirements regarding fishing for federal groundfish in state waters.
NOTE

Authority cited: Sections 702, 7071, 8587.1 and 8588, Fish and Game Code. Reference: Sections 97, 205, 1802, 8585.5, 8586, 8587, 8587.1 and 8588, Fish and Game Code. 
HISTORY

1. New section filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
2. New subsection (e) filed 8-23-2001 as an emergency; operative 9-1-2001 (Register 2001, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-31-2001 or emergency language will be repealed by operation of law on the following day.
3. New subsection (f) and amendment of Note filed 9-18-2001 as an emergency; operative 9-18-2001 (Register 2001, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-16-2002 or emergency language will be repealed by operation of law on the following day.
4. New subsection (g) filed 11-8-2001 as an emergency; operative 11-8-2001 (Register 2001, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-8-2002 or emergency language will be repealed by operation of law on the following day.
5. Repealer of subsections (e)-(g) and new subsections (e)-(e)(6)(C) filed 12-30-2002 as an emergency; operative 1-1-2003 (Register 2003, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-1-2003 or emergency language will be repealed by operation of law on the following day.
6. Repealer of subsections (a) and (b) and subsection relettering filed 12-30-2002; operative 1-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 1). 
7. Amendment of subsection (b), new subsections (c) and (d) and subsection relettering filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).
8. Reinstatement of section as it existed prior to 12-30-2002 order by operation of Government Code section 11346.1(f) (Register 2003, No. 45).
9. Repealer of subsections (e)-(g) and new subsections (e)-(f) filed 11-7-2003; operative 12-7-2003 (Register 2003, No. 45).
10. Amendment of subsection (e)(6)(A) filed 3-1-2005; operative 3-31-2005 (Register 2005, No. 9).
11. Amendment of subsections (e)(6)(A) and (e)(6)(D) and Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23). 
12. Amendment of subsection (e)(6)(A) filed 4-5-2012; operative 5-1-2012 pursuant to Government Code section 11343.4(c) (Register 2012, No. 14).
§150.17. Limitations on Number of Hooks and Area.
Note     •     History

Excepting the provisions of Fish and Game Code subsection 9027.5(c), it is unlawful to use more than 150 hooks on a vessel, or to use more than 15 hooks per line, to take nearshore fish stocks for commercial purposes in ocean waters within one mile of shore within Fish and Game Districts 6, 7, and 10, or in ocean waters within one mile of the mainland shore in Fish and Game Districts 17, 18, and 19.
NOTE

Authority cited: Sections 7071 and 8587.1, Fish and Game Code. Reference: Sections 7050, 7051, 7055, 7060, 8585.5 and 9027.5, Fish and Game Code. 
HISTORY

1. New section filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
2. Amendment of section and Note filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).
§155. White Seabass, Commercial Take.
Note     •     History

(a) South of a line extending due west (true) from Point Conception, white seabass may not be taken for commercial purposes from March 15 through June 15, inclusive, except that not more than one white seabass not less than 28 inches in total length may be taken, possessed, and sold by a person or possessed on a vessel each calendar day if such white seabass is taken incidental to gill and trammel net fishing operations conducted under authority of a permit issued pursuant to Fish and Game Code Section 8681. Any fish so taken shall not be transferred to any other vessel. During a gill and trammel net fishing trip which includes more than one calendar day, not more than one white seabass not less than 28 inches in total length may be possessed or sold during or at the end of the trip.
NOTE

Authority cited: Section 7071, Fish and Game Code. Reference: Section 7071, Fish and Game Code.
HISTORY

1. New section filed 6-2-2000; operative 6-2-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 22). For prior history, see Register 67, No. 50.  
2. Amendment of subsection (a) and repealer of subsection (b) filed 2-18-2010; operative 3-20-2010 (Register 2010, No. 8).
§155.01. White Seabass Commercial Size Limit:
Note     •     History

It is unlawful to take, possess, sell, or purchase any white sea bass less than 28 inches in length, measured from the tip of the lower jaw to the end of the longer lobe of the tail.
NOTE

Authority cited: Sections 7071 and 7078, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code. 
HISTORY

1. New section filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
§155.05. Use of Purse Seine and Roundhaul Nets and Delivery to California Ports.
Note     •     History

(a) It is unlawful to use any purse seine or round haul net to take white seabass in waters off California.
(b) It is unlawful to possess any white seabass, except those taken south of the International Boundary Line between the United States and Mexico, and imported into the state pursuant to authority of subsections (c) and (d), on any boat carrying or using any purse seine or round haul net, including, but not limited to, a bait net defined pursuant to subsection 50.01(b), Title 14, CCR. 
(c)  White seabass taken in waters south of the International Boundary Line between the United States and Mexico, extended westerly in the Pacific Ocean, may be delivered to California ports aboard boats, including boats carrying purse seine or roundhaul nets in accordance with subsection (d) governing the inspection and marking of such fish imported into this State.  The cost of such inspection and marking shall be paid by the importer.
(d)  No person, firm, or corporation shall deliver, accept, or unload any white seabass from any vessel carrying a purse seine or roundhaul net until the Fish and Game Patrol office nearest the point of delivery shall have issued a written inspection clearance to the master or operator of such vessel, or his agent, permitting said delivery. Such clearances shall be issued upon presentation of evidence satisfactory to the Department of Fish and Game of the fact that such fish was taken south of the International Boundary Line between the United States and Mexico.
(e) Notwithstanding the provisions of this section, the department may issue permits to hook-and-line commercial fishermen to possess a bona fide bait net on their vessels for the purpose of taking bait for their own use only.
NOTE

Authority cited: Sections 7071 and 7083, Fish and Game Code. Reference: Sections 2362, 7071, 7075, 7082, 7083 and 8623 Fish and Game Code.
HISTORY

1. New section filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
§155.10. Gill Net Mesh Size, Closed Season, Possession of Thresher and Shortfin Mako.
Note     •     History

(a) Gill nets with meshes of a minimum length of six inches may be used to take white seabass.  However, during the period from June 16 to March 14, inclusive, not more than 20 percent by number of a load of fish may be white seabass 28 inches or more in total length, up to a maximum of 10 white seabass per load, if taken in gill nets with meshes from 3 1/2 to 6 inches in length.
(b) In accordance with Fish and Game Code Section 8576, during the period from February 1 to August 14, inclusive, not more than two thresher sharks and two shortfin mako sharks may be possessed and sold if taken incidentally in drift gill nets while fishing for white seabass and if at least five white seabass are possessed and landed at the same time as the incidentally taken thresher or shortfin mako shark.
NOTE

Authority cited: Sections 7071 and 7083, Fish and Game Code. Reference: Sections 7071, 7075, 7082, 7083, 8576 and 8623, Fish and Game Code.
HISTORY

1. New section filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
§156. Sardines, Limit of Catch for Reduction Purposes. [Expired]
Note     •     History

NOTE

Authority cited: Section 1068, Fish and Game Code. Current authority: Sections 8075-8080, Fish and Game Code.
HISTORY

1. Expired by own terms (Register 58, No. 15). For prior history, see Register 28, No. 5. 
§157. Importation of Sardines for Bait.
Note     •     History

All persons importing sardines for bait must send a copy of the incoming foreign manifest or bill of lading to the Department of Fish and Game, 245 W. Broadway, Long Beach, California 90802. The foreign manifest or bill of lading must show the country of origin of the sardines and the weight of the shipment.
The importer shall also advise the above office of the location where the imported sardines will be stored. Each sale of sardines to other than the actual consumer must be reported to the department. The report must show the name and address of the consignee and consignor and the date and weight of the shipment.
A copy of the foreign manifest or bill of lading, together with a notice of location of sardine storage, and a report of each subsequent sale of the sardines, must be sent to the department at the above address within 48 hours of the transaction.
Imported sardines sold at retail must be delivered to the consumer in packages or containers showing the name of the dealer, the weight of the contents of each package or container, the country of origin, and a statement that the sardines were legally imported for sale as bait.
NOTE

Authority cited: Section 8150.5, Fish and Game Code.
HISTORY

1. New section filed 3-12-74; effective thirtieth day thereafter (Register 74, No. 11).
2. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
3. Page reprinted to correct paging error (Register 81, No. 47).
4. Editorial correction filed 12-29-82 (Register 83, No. 1). 
§158. Sardines.
Note     •     History

(a) Pursuant to Section 190 of these regulations, a permittee taking sardines for bait under the provisions of Fish and Game Code Section 8152 shall complete and submit a record of daily fishing activity on a form (Live Bait Log, DFG 158 (10/89), see Appendix A) provided by the Department.
(b) The fee for a Sardine Permit issued pursuant to Section 8150.7 of the Fish and Game Code and for a Sardine Live-Bait Permit issued pursuant to Section 8152 of the Fish and Game Code shall be the same as the permit fee authorized by Section 699, Title 14, CCR.
NOTE

Authority cited: Sections 1050, 8026 and 8152, Fish and Game Code. Reference: Sections 1050, 8026, 8150.7 and 8152, Fish and Game Code.
HISTORY

1. New section filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
2. New subsection (a) designator and subsection (b) and amendment of Note filed 5-11-92; operative 6-10-92 (Register 92, No. 19).
§159. Commercial Fishing for Coastal Pelagic Species.
Note     •     History

(a) General provisions. No person shall engage in commercial fishing for coastal pelagic species (CPS) except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of Commerce pursuant to the Magnuson Fishery Conservation and Management Act and published in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660 are hereby incorporated and made a part of these regulations. Federal regulations shall be made available upon request from the Department of Fish and Game, Marine Region, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090, phone number 916-653-6281.
(b) General Definitions. For purposes of these regulations, the following definitions shall apply:
(1) Actively managed species (AMS). Those CPS for which the Secretary has determined that harvest guidelines or quotas are needed by Federal management according to the provision of the federal CPS Fishery Management Plan.
(2) Advisory Subpanel (AP). The Coastal Pelagic Species Advisory Subpanel that comprises members of the fishing industry and public appointed by the Council to review proposed actions for managing the coastal pelagic fisheries.
(3) Biomass. The estimated amount, by weight, of a coastal pelagic species population. The term biomass means total biomass (age 1 and above) unless stated otherwise.
(4) Closure. Taking and retaining, possessing, or landing the particular species or species group is prohibited. Unless otherwise announced in the Federal Register, offloading must begin before the time the fishery closes.
(5) Coastal pelagic species (CPS). Includes northern anchovy (Engraulis mordax), Pacific mackerel (Scomber japonicus), Pacific sardine (Sardinops sagax), jack mackerel (Trachurus symmetricus), and market squid (Loligo opalescens).
(6) Coastal Pelagic Species Management Team (CPSMT). The individuals appointed by the Council to review, analyze, and develop management measures for the CPS fishery.
(7) Council. The Pacific Fishery Management Council, including its CPSMT, AP, Scientific and Statistical Committee (SSC), and any other committee established by the Council.
(8) Federally Designated Routine Management Measures. Routine Management Measures, identified as catch restrictions intended to keep landings within the harvest levels announced by the Secretary of Commerce and noticed in the Federal Register by the National Marine Fisheries Service, are hereby incorporated and made a part of these regulations. Should any federal management measures conflict with existing statutes, including Fish and Game Code Sections 8496 and 8842(b), or regulations of the commission, the provisions in the statutes or regulations which conflict with the federal management measures are made inoperative.
(9) Finfish. For the purpose of this section only, finfish includes northern anchovy, Pacific mackerel, Pacific sardine, and jack mackerel, but excludes market squid.
(10) Fishery Management Area. The EEZ off the coasts of Washington, Oregon, and California between 3 and 200 nautical miles offshore, bounded in the north by the Provisional International Boundary between the United States and Canada, and bounded in the south by the International Boundary between the United States and Mexico.
(11) Fishing trip. A period of time between landings when fishing is conducted.
(12) Harvest guideline. A specified numerical harvest objective that is not a quota. Attainment of a harvest guideline does not require complete closure of a fishery.
(13) Harvesting vessel. A vessel involved in the attempt or actual catching, taking or harvesting of fish, or any activity that can reasonably be expected to result in the catching, taking or harvesting of fish.
(14) Land or Landing. To begin transfer of fish from a fishing vessel. Once transfer begins all fish onboard the vessel are counted as part of the landing.
(15) Limited entry fishery. The commercial fishery consisting of vessels fishing for CPS in the CPS Management Zone under limited entry permits issued under §660.512.
(16) Live bait fishery. Fishing for CPS for use as live bait in other fisheries.
(17) Monitored species (MS). Those CPS the Secretary has determined not to need management by harvest guidelines or quotas according to the provisions of the FMP.
(18) Nonreduction fishery. Fishing for CPS for use as dead bait or for processing for direct human consumption.
(19) Owner. A person who is identified as the current owner in the Certificate of Documentation (CG-1270) issued by the U.S. Coast Guard for a documented vessel, or in a registration certificate issued by a state or the U.S. Coast Guard for an undocumented vessel.
(20) Person. Any individual, corporation, partnership, association or other entity (whether or not organized or existing under the laws of any state), and any Federal, state, or local government, or any entity of any such government that is eligible to own a documented vessel under the terms of 46 U.S.C. 12102(a).
(21) Processing or to process. Preparing or packaging coastal pelagic species to render the fish suitable for human consumption, pet food, industrial uses or long-term storage, including, but not limited to, cooking, canning, smoking, salting, drying, filleting, freezing, or rendering into meal or oil, but does not mean heading and gutting unless there is additional preparation.
(22) Prohibited Species. All species of trout and salmon (Salmonidae) and Pacific Halibut (Hippoglossus stenolepis).
(23) Quota. A specified numerical harvest objective for a single species of CPS, the attainment (or expected attainment) of which causes the complete closure of the fishery for that species.
(24) Reduction fishery. Fishing for CPS for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products, or byproducts for purposes other than direct human consumption.
(25) Regional Administrator. The Regional Administrator, Southwest Region, NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213, or a designee.
(26) Reserve. A portion of the harvest guideline or quota set aside at the beginning of the year for specific purposes, such as for individual harvesting groups to ensure equitable distribution of the resource or to allow for uncertainties in preseason estimates of DAP and JVP.
(27) Secretary. The Federal Secretary of Commerce.
(28) Sustainable Fisheries Division (SFD). The Assistant Regional Administrator for Sustainable Fisheries, Southwest Region, NMFS, or a designee.
(29) Totally lost. The vessel being replaced no longer exists in specie, or is absolutely and irretrievably sunk or otherwise beyond the possible control of the owner, or the costs of repair (including recovery) would exceed the repaired value of the vessel.
(30) Trip limit. The total allowable amount of a CPS species by weight or by percentage of weight of fish on board the vessel that may be taken and retained, possessed, or landed from a single fishing trip by a vessel that harvests CPS.
NOTE

Authority cited: Section 7652, Fish and Game Code. Reference: Sections 7650-7653, 8150.7 and 8411, Fish and Game Code.
HISTORY

1. New section filed 9-24-2001; operative 10-24-2001. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652(d) (Register 2001, No. 39).
2. Amendment of subsection (b)(9) filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
§163. Harvest of Herring.
Note     •     History

Herring may be taken for commercial purposes only in those areas and by those methods specified in subsections (f)(1) and (f)(2) of this section under a revocable permit issued to an individual on a specified fishing vessel by the department. Transfer of permits from one boat to another may be authorized by the department upon application by the permittee. The fee for any approved transfer or substitution of a permit pursuant to this paragraph shall be the fee specified in Section 705, Title 14, CCR, for any request received by the department after November 15, and must be submitted with the transfer or substitution on the form specified in Section 705, Title 14, CCR, to the department's License and Revenue Branch office. Any permittee denied a transfer pursuant to this paragraph may request a hearing before the commission to show cause why his or her request should not be denied. Permittees shall have their permit(s) in their possession (including the attachment of any changes approved by the department after the permit is issued) and shall be aboard the vessel named on their permit(s) at all times during herring fishing operations, except that the department may authorize a permittee to have a crew member temporarily serve in his or her place aboard the vessel during a season. Applications for temporary permittee substitution must be submitted by the permittee. Two permits may be jointly fished on a single vessel upon approval of a written request by both permittees to the department. In San Francisco Bay a permittee may simultaneously fish his or her own “DH” permit with his or her own respective odd or even permit. A permittee may simultaneously fish his or her own permit and a permit temporarily transferred to him or her on a single vessel within the same fishing group. A permittee serving as a temporary substitute on a permit while simultaneously fishing his or her own permit on a single vessel in the same fishing group shall incur the same penalties on his/her permit for all violations as those incurred against the permit for which he/she is serving as temporary substitute as prescribed in these regulations and in Section 163.5, Title 14, CCR. A person may not serve as a temporary substitute on more than one permit simultaneously on a single vessel in the same fishing group. Any request received by the department from November 1 to November 15 to transfer boats or substitute a permit or to simultaneously fish two permits on a single vessel shall be processed for approval by the department after November 15.
(a) Qualifications of Permittee. To obtain a permit to take herring a person shall:
(1) Be a currently licensed California commercial fisherman. When a permit is held in partnership (pursuant to the provisions of Section 8552.6 of the Fish and Game Code), both partners must be currently licensed California commercial fishermen.
(2) Have been a permittee during the previous herring season.
(3) Qualify for an odd- or even-numbered permit as specified in subsection (c)(1)(B).
(4) Qualify for a “DH” gill net permit as specified in subsection (c)(1)(C).
(5) Have submitted a release of property forms and payment for all herring landed in excess of the established quota as specified in subsection (e)(5) of these regulations, and all fees from prior seasons.
(6) Any person denied a permit under these regulations may request a hearing before the commission to show cause why his or her permit should not be denied.
(b) Permit Applications. Each applicant for a herring permit shall:
(1) Submit the completed application as specified in Section 705, Title 14, CCR, to the address listed on the application. Applications shall include the fee, as specified in section 8550.5 of the Fish and Game Code.
(2) Permittees will be issued permits for the same area and gear type they held during the previous season. In San Francisco Bay, round haul permittees who transferred gear type to gill net were designated as CH-(600-642)-SF permittees. For every conversion of gear type to gill net by a round haul permittee, the amount of herring allocated to each round haul permittee was transferred from the round haul quota to the gill net quota. For each round haul permit converted prior to October 6, 1995, fishing with gill net gear is authorized in two of the following fishing periods: odd-numbered permits, even-numbered permits, or December herring (“DH”) permits. The permitholder of a converted round haul (“CH”) permit is permanently assigned to the two fishing groups (“DH”, 

odd-, or even-numbered permit) he or she designated. For every conversion of gear type to gill net by a round haul permittee after October 6, 1995 but before October 2, 1998, the permit is permanently in the two fishing groups (“DH”, odd-, or even-numbered permit) assigned by the department. All remaining round haul permits as of October 3, 1998 were converted to gill net permits and assigned to a single gill net group.
Upon transfer, the department assigned each converted “CH” permit to a single gill net group (“DH”, odd numbered, or even-numbered permit) as designated by the permitholder. A round haul herring permit, held in partnership prior to November 3, 1994 and subsequently converted to a “CH” permit prior to October 2, 1998, is not subject to assignment to a single gill net group upon transfer to one of the partners.
(3) Permit Renewal. Applications for renewal of all herring permits shall be received by the department, or if mailed, postmarked, on or before the first Friday of October each year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(4) Subsections (a)(2) and (b) do not apply to permits issued for taking herring in ocean waters or to fresh fish market permits.
(c) Permits.
(1) Permits to take herring for roe purposes will be issued by the department beginning November 15. Permits will be sent by first class mail to the permittees. Not more than three permits shall be issued for Crescent City and not more than four permits shall be issued for Humboldt Bay.
No new round haul permits shall be issued for San Francisco Bay. No new gill net permits shall be issued for the Tomales Bay permit area until the maximum number of permits is less than 35. No new odd- or even-numbered gill net permits shall be issued for San Francisco Bay until the maximum number of permits is less than 160. No new “DH” permits shall be issued until the maximum number of permits is less than 80. The permittee shall be responsible for all crew members acting under his or her direction or control to assure compliance with all Fish and Game regulations as provided in this section, or in the Fish and Game Code, relating to herring.
(A) The total number of gill net permits issued to individuals not qualifying under subsection (a)(2) shall be the difference in number of permittees meeting such qualifications and the total number of gill net permits authorized by the commission in subsection (c)(1).
(B) Individuals not qualifying under subsection (a)(2) will be eligible to apply for any available odd- or even-numbered gill net permits provided they are a currently licensed California commercial fisherman.
(C) Individuals not qualifying and receiving permits under subsections (a)(2) or (c)(1)(B) will be eligible to apply for any available “DH” gill net permits provided they are a currently licensed California commercial fisherman.
(D) In the event that the number of eligible applicants qualifying under subsections (c)(1)(B) or (c)(1)(C) exceeds the available permits, a lottery shall be held.
(E) Preferential status will not be given for participation on vessels with permits specified in subsections (c)(2) and (c)(3) of this section.
(2) Fresh Fish Market. Ten permits will be issued to take herring for the fresh fish market in San Francisco Bay and five in Tomales Bay. The applicant for a permit shall submit the fees and the completed application, as specified in Section 705, Title 14, CCR, to the address listed on the application. However, no permittee may take or possess herring except in the amount specified on a current daily market order, not to exceed 1,000 pounds, from a licensed fish dealer. Fresh fish market permits will be issued beginning November 1 at the department's License and Revenue Branch, Sacramento. In the event there are more applicants than the specified number of available fresh fish permits, a lottery will be held to determine the permittees. Applicants may apply for only one bay. Fresh fish market permits shall be in force from November 2 through March 31, excepting days during that period when the San Francisco Bay and Tomales Bay limited entry Pacific herring gill net permit fisheries are open. Herring taken under the authority of subsections (c)(2) may not be sold for roe purposes.
(3) Ocean Waters. No permits shall be issued. Herring taken under the authority of subsections (c)(2) and (c)(3) may not be sold for roe purposes.
(d) Vessel Identification. The master of any boat engaged in taking herring under these regulations shall at all times while operating such boat, identify it by displaying on an exposed part of the superstructure, amidship, on each side of the house and visible from the air, the herring permit number of that vessel in 14-inch high, 2-inch wide black Roman alphabet letters and Arabic numerals painted on a white background permanently fixed to each side of the vessel.
(e) Monitoring of Herring.
(1) Herring taken for roe purposes may only be delivered to a person licensed pursuant to subsection (j) of these regulations.
(2) Gill net permittees shall notify the department's San Francisco Bay Area Marine Region office within 24 hours if they terminate fishing operations for the season prior to the overall quota being taken. 
(3) The department will estimate from the current trend of individual boat catches the time at which the herring season catch will reach any quota permitted under these regulations and will publicly announce that time on VHF/Channel 16. It shall be the responsibility of all permittees to monitor this radio channel at all times. Any announcement made by the department on VHF/Channel 16 shall constitute official notice. All fishing gear must be removed from the water by the announced time terminating fishing operations. The department may announce a temporary closure for the gill net fishery in order to get an accurate tally of landings and to allow all boats to unload. If the fishery is reopened, permittees may be placed on allotted tonnages to preclude exceeding a quota and, if necessary, additional time may be granted to reach the quotas.
(4) It is unlawful to transfer herring or herring nets from one permittee to another or from one boat to another or from one gear type to another, except that nonmotorized lighters may be used, provided they do not carry aboard any gear capable of taking herring, including net reels, and that the catches of not more than one permittee are aboard the lighters at any time. Permit vessels shall not serve as lighters for other permit boats. In San Francisco Bay a permittee and his/her gear must stay together when delivering fish to market. Except as specified in subsection (e)(6) of these regulations, all fish taken by gill nets shall be retained and landed. Gill net permit vessels may not be used to assist in herring fishing operations during their off-week.
(5) All herring landed in excess of any established permit quota shall be forfeited to the department by the signing of a Release of Property form (FG-MR-674 (Rev. 5/02)), which is incorporated by reference herein. Such fish shall be sold or disposed of in a manner determined by the department. The proceeds from all such sales shall be paid into the Fish and Game Preservation Fund.
(6) Sturgeon, halibut, salmon, steelhead and striped bass may not be taken by or possessed on any vessel operating under the authority of these regulations. All sturgeon, halibut, salmon, steelhead and striped bass shall be returned immediately to the water.
(f) Methods of Take.
(1) For purposes of this section regarding harvest of herring: San Francisco Bay is defined as the waters of Fish and Game districts 12 and 13 and that portion of district 11 lying south of a direct line extending westerly from Peninsula Point, the most southerly extremity of Belvedere Island (37 degrees, 51 minutes, 43 seconds N, 122 degrees, 27 minutes, 28 seconds W), to the easternmost point of the Sausalito ferry dock (37 degrees, 51 minutes, 30 seconds N, 122 degrees, 28 minutes, 40 seconds W); Tomales Bay is defined as the waters of district 10 lying south of a line drawn west, 252 degrees magnetic, from the western tip of Tom's Point (38 degrees, 12 minutes, 53 seconds N, 122 degrees, 57 minutes, 11 seconds W) to the opposite shore (38 degrees, 12 minutes, 44 seconds N, 122 degrees, 57 minutes, 42 seconds W); ocean waters are limited to the waters of districts 6 (excluding the Crescent City area), 7, 10 (excluding Tomales Bay), 16 and 17 (except as specified in subsection (h)(6) of these regulations); Humboldt Bay is defined as the waters of districts 8 and 9; Crescent City area is defined as Crescent City Harbor and that area of the waters of district 6 less than 20 fathoms in depth between two nautical measure lines drawn due east and west true from Point Saint George (41 degrees, 47 minutes, 07 seconds N, 124 degrees, 15 minutes, 16 seconds W) and Sister Rocks (41 degrees, 39 minutes, 31 seconds N, 124 degrees, 08 minutes, 43 seconds W).
(2) The use of round haul nets to take herring for roe purposes is prohibited. The use of round haul nets to take herring is prohibited except in ocean waters (as defined in subsection (f)(1) of these regulations). 
(A) No permittee shall possess or fish more than a total of 65 fathoms (1 shackle) of gill net, as measured at the cork line, in San Francisco and Tomales bays. Said gill nets shall not exceed 120 meshes in depth. In Humboldt Bay and Crescent City Harbor, no permittee shall possess or fish in combination more than 150 fathoms of gill net. Fresh fish permittees shall not possess or fish more than 65 fathoms (1 shackle).
Set gill nets shall be anchored by not less than 35 pounds of weight at each end, including chain; however, at least one-half of the weight must be anchor. Gill nets shall be tended at all times in San Francisco Bay. Tended means the registered gill net permittee shall be in the immediate proximity, not exceeding three nautical miles, of any single gill net being fished.
(B) In Tomales Bay, the length of the meshes of any gill net used or possessed in the roe fishery shall not be less than 2 inches or greater than 2 1/2 inches, except that four permittees (designated by the department in writing) participating in department-sponsored research on mesh size may use gill nets approved by the department with mesh less than the size designated herein. In Humboldt Bay and Crescent City Harbor the length of the meshes of any gill net used or possessed in the roe fishery shall not be less than 2  1/4 inches or greater than 2  1/2 inches. In San Francisco Bay the length of the meshes of any gill net used or possessed in the roe fishery shall not be less than 2 or greater than 2  1/2 inches, except that six permittees (designated by the department in writing) participating in department-sponsored research on mesh size may use gill nets of another size approved by the department. The meshes of any gill net used or possessed by fresh fish permittees shall not be greater than 2 inches.
Length of the mesh shall be the average length of any series of 10 consecutive meshes measured from the inside of the first knot and including the last knot when wet after use; the 10 meshes, when being measured, shall be an integral part of the net as hung and measured perpendicular to the selvages; measurements shall be made by means of a metal tape measure while 10 meshes are suspended vertically under one-pound weight, from a single stainless steel peg or nail of no more than 5/32 inch in diameter. In Humboldt Bay and Crescent City Harbor, the length of any series of 10 consecutive meshes as determined by the above specification shall not be less than 22 1/2 inches or greater than 25 inches. In Tomales Bay, the length of any series of 10 consecutive meshes as determined by the above specifications shall not be less than 20 inches or greater than 25 inches. In San Francisco Bay, the length of any series of 10 consecutive meshes as determined by the above specification shall not be less than 20 inches or greater than 25 inches.
(C) No net shall be set or operated to a point of land above lower low water or within 300 feet of the following piers and recreation areas: Berkeley Pier, Paradise Pier, San Francisco Municipal Pier between the foot of Hyde Street and Van Ness Avenue, Pier 7 (San Francisco), Candlestick Point State Recreation Area, the jetties in Horseshoe Bay, and the fishing pier at Fort Baker. No net shall be set or operated within 70 feet of the Mission Rock Pier. In the Crescent City area and Humboldt Bay gill nets may be set or operated within 300 feet of any pier.
(D) No nets shall be set or operated in Belvedere Cove north of a line drawn from the tip of Peninsula Point (37 degrees, 51 minutes, 43 seconds N, 122 degrees, 27 minutes, 28 seconds W) to the tip of Elephant Rock (southwest of Pt. Tiburon at 37 degrees, 52 minutes, 19 seconds N, 122 degrees, 27 minutes, 03 seconds W). Also, no gill nets shall be set or operated from November 15 through February 15 inside the perimeter of the area bounded as follows: beginning at the middle anchorage of the western section of the Oakland Bay Bridge (Tower C at 37 degrees, 47 minutes, 54 seconds N, 122 degrees, 22 minutes, 40 seconds W) and then in a direct line southeasterly to the Lash Terminal buoy #5 (G”5” buoy, flashing green 4s at 37 degrees, 44 minutes, 23 seconds N, 122 degrees, 21 minutes, 36 seconds W), and then in a direct line southeasterly to the easternmost point at Hunter's Point (Point Avisadero at 37 degrees, 43 minutes, 44 seconds N, 122 degrees, 21 minutes, 26 seconds W) and then in a direct line northeasterly to the Anchorage #9 buoy “A” (Y“A” buoy, flashing yellow 4s at 37 degrees, 44 minutes, 46 seconds N, 122 degrees, 19 minutes, 25 seconds W) and then in a direct line northwesterly to the Alameda N.A.S. entrance buoy #1 (G”1” buoy, flashing green 4s at the entrance to Alameda Carrier Channel, 37 degrees, 46 minutes, 38 seconds N, 122 degrees, 20 minutes, 27 seconds W) and then in a direct line northwesterly to the Oakland Harbor Bar Channel buoy #1 (G”1” buoy, flashing green 2.5s at 37 degrees, 48 minutes, 15 seconds N, 122 degrees, 21 minutes, 23 seconds W) and then in a direct line southwesterly to the point of beginning. (Tower C of the Oakland Bay Bridge, at 37 degrees, 47 minutes, 54 seconds N, 122 degrees, 22 minutes, 40 seconds W).
(E) No boats or nets shall be operated or set in violation of existing state regulations applying to the navigation or operation of fishing vessels in any area, including but not limited to San Francisco Bay, Tomales Bay, Humboldt Bay and Crescent City Harbor.
(F) Gill nets shall be marked at both ends with a buoy displaying above its waterline, in Roman alphabet letters and Arabic numerals at least 2 inches high, the official number of the vessel from which such net is being fished. Buoys shall be lighted at both ends using matching white or amber lights that may be seen for at least a distance of 100 yards and marked at both ends with matching flags or markers or placards, all of rigid or non-collapsible material of the same color, on a staff at least 3 feet above the water at each end, bearing the herring permit number in contrasting 4-inch black letters.
(G) The use of explosives, seal bombs, or marine mammal deterrent devices in the herring fishery is prohibited inside the waters of San Francisco Bay during the herring season.
(H) All San Francisco Bay herring permittees or their temporary substitutes shall recognize city ordinances governing transient noise sources, when fishing within 500 feet of any shoreline with residential dwellings, between the hours of 10:00 p.m. and 7:00 a.m. through implementation of noise reduction measures specified or developed by the herring fishing industry and approved by the department. Noise reduction measures include, but are not limited to: noise dampening devices for shakers and anchor chains, muffled engine exhaust systems, limited use of deck speakers, and/or reduced speed within 500 feet of shore.
(g) Quotas.
(1) Crescent City Area: The total take of herring in the Crescent City area for commercial purposes by use of gill net only shall not exceed 30 tons per season.
(2) Humboldt Bay: The total take of herring in Humboldt Bay for commercial purposes by use of gill net only shall not exceed 60 tons per season.
(3) Tomales Bay: The total take of herring for commercial purposes by use of gill net only shall be 350 tons per season.
(A) The total take of herring for the fresh fish market shall not exceed 10 tons per season.
(4) San Francisco Bay: The total take of herring in San Francisco Bay for commercial purposes shall not exceed 1,920 tons (gill net permittees plus fresh fish allocation) for the 2011-2012 season. Tonnage shall be allocated on the following basis:
(A) Gill net permittees (including “CH” permittees): 1,900 tons (1,920 tons minus fresh fish allocation). Tonnage shall be allocated to each fishing group (odd and even) in proportion to the number of permits that are assigned to each fishing group minus the number of permits in each platoon that are suspended for the entire season. Each gill net permittee (designated by the department in writing) participating in research sponsored by the department shall be assigned an individual quota equal to 0.5 percent of the season gill net quota per assigned platoon, unless provided for pursuant to subsection (g)(4)(B) of these regulations.
(B) The total take of herring for the fresh fish market shall not exceed 20 tons per season, except that 10 tons total may be transferred, in proportion determined by the department, to gillnet permittee(s) participating in research sponsored by the department pursuant to subsection (g)(4)(A) of these regulations.
(5) Ocean Waters: Herring may not be taken for roe purposes.
(h) Season.
(1)  Humboldt Bay: The season shall be from noon on January 2 until noon on March 9.
(2) Crescent City: The season shall be from noon on January 14 until noon on March 23.
(3) San Francisco Bay: The season shall be from noon on Monday, January 2, 2012, until noon on Friday, March 9, 2012.
(A) In San Francisco Bay, gill net permittees with odd numbered permits shall be permitted to fish only on the following dates: January 8-13, January 22-27, February 5-10, February 19-24, and March 4-9.
(B) In San Francisco Bay, gill net permittees with even numbered permits shall be permitted to fish only on the following dates: January 2-6, January 15-20, January 29-31, February 1-3, February 12-17, February 26-29, and March 1-2.
(C) No more than six gill net permittees (designated in writing by the department) participating in research sponsored by the department shall be permitted to fish, under the direction of the department, from noon on Monday, January 2, 2012, until noon on Friday, March 9, 2012.
(4) In Tomales Bay, the season shall be from noon on Monday, December 26, 2011, until noon on Friday, February 24, 2012.
(5) Herring fishing in San Francisco Bay is not permitted from noon Friday through 5:00 p.m. Sunday night. Herring fishing is allowed in Tomales Bay from noon Friday through 5:00 p.m. Sunday night if the department is reimbursed for the cost of operations. The department shall submit a detailed invoice of its cost of operations within 30 days of providing the service. Party shall remit payment to the department within 30 days of the postmark date of the department's invoice.
(6) Ocean Waters: All fishing for herring in ocean waters will be prohibited (except as specified in subsection (f)(1) of these regulations). An incidental allowance of no more than 10 percent herring by weight of any load composed primarily of other coastal pelagic fish species or market squid may be landed.
(7) In the event permittees described under subsections (h)(3)(A) or (h)(3)(B) reach their quota pursuant to subsection (g)(4)(A), the alternate group of permittees on notification by the department may commence fishing operations until such group has reached the successive established termination date or quota.
(i) Any permit issued pursuant to this section may be suspended or revoked at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of Fish and Game Code statutes or Division 1, Title 14, CCR, while fishing as a participant in the herring fishery by a court of competent jurisdiction. A permittee whose permit has been suspended or revoked for conviction of a violation of Fish and Game Code statutes or Division 1, Title 14, CCR, while fishing as a participant in the herring fishery may request a hearing before the commission to show cause why his/her herring fishing privileges should be restored. A person whose herring permit has been revoked by the commission shall not participate in any herring fishery during the following season. A person whose herring permit has been suspended for the entire season by the commission shall not participate in any herring fishery during the season the permit is suspended. A person whose herring permit has been suspended for a period less than the entire season by the commission shall not participate in any herring fishery during the period that the permit is suspended. If a herring permit that had a temporary substitute is suspended by the commission due to the actions of the temporary substitute, the person who acted as the temporary substitute shall not participate in any herring fishery during the following season during the period that the permit is suspended. If a herring permit that had a temporary substitute is revoked by the commission due to the actions of the temporary substitute, the person who acted as the temporary substitute shall not participate in any herring fishery during the following season. If a herring permittee is convicted of a violation, or if the permit is suspended or revoked, due to the actions of a temporary substitute who is simultaneously fishing his or her own permit on a single vessel in the same fishing group, the person who was acting as the temporary substitute will receive the same penalty against his/her own permit as received by the permittee, pursuant to these regulations and Section 163.5, Title 14, CCR. For Category II violations prescribed in Section 163.5(f) against a permit due to the actions of a temporary substitute while simultaneously fishing his/her own permit, equal points or penalties shall be assigned to the permit owned by the temporary substitute.
(j) Herring Buyer's Permit. A holder of a current fish receiver's license shall obtain a permit to buy herring for roe purposes for each fishing area specified in subsection (f)(1) of these regulations and approved by the department. After approval of an application and payment of the filing fee specified in Section 705, Title 14, CCR (filing fees in Humboldt Bay and Crescent City area shall be waived), a revocable, nontransferable permit to buy herring for roe purposes may be issued subject to the following regulations:
(1) The permittee shall permanently mark all vehicles, containers or pallets with individualized serial numbers and predetermined tare weights.
The serial number and predetermined tare weight shall be permanently marked in letters, and numerals at least 3 inches high on each side of vehicle container or pallet.
(2) A landing receipt must be made out immediately upon completion of weighing of any single boat load (hereinafter “load”) of herring of a permittee. A sample of herring for roe testing purposes shall be taken from every load. No herring shall be taken for testing purposes from a load that has not first been weighed and recorded.
(A) The landing receipt for each vessel must be completed and signed by both the herring permittee and a certified weighmaster or his/her deputy prior to commencing unloading operations of another vessel.
(B) The weighmaster or deputy filling out the landing receipt must include all information required by Fish and Game Code Section 8043 and shall sign the landing receipt with his/her complete signature. The weighmaster shall list on the landing receipt the number of fish in, and the weight of, each roe test for the landing reported on the receipt.
(C) All landing receipts that have not been delivered to the department must be immediately available to the department at the weigh station.
(D) A reasonable amount of herring will be made available by the herring buyer to the department, at no cost, for management purposes.
(3) Prior to weighing herring, each permittee shall have each weighing device currently certified and sealed by the County Division of Weights and Measures.
(4) Weight tally sheets shall be used when any load of fish is divided and placed into more than one container prior to the completion of the landing receipt. Weight tally sheets shall include the time unloading operations begin.
(A) The tally sheets shall be composed of four columns:
1. The serial or I.D. number of all containers in which the load is initially placed and all subsequent containers, if any, in which the load is placed until, and including for, shipment from the buyer's premises.
2. The gross weight;
3. The tare weight of the bin or containers; and
4. The net weight of fish. Net weight will include the weight of the herring taken for testing purposes.
(B) The work or weight tally sheets shall be retained by the permittee for one year, and must be available at all times for inspection by the department.
(C) When requested by the department, the buyer shall submit to the department a California Highway Patrol weighing certificate for any truck load designated by the department. Such certificate shall be placed in the U.S. Postal system to the department's San Francisco Bay Area Marine Region office within twenty-four (24) hours of the truck's departure from the buyer's premises.
(5) In San Francisco Bay, herring may not be unloaded between the hours of 10 p.m. and 6 a.m., or at any time on Saturdays and Sundays, unless the permittee has notified and received prior approval from the department to conduct such activities during those hours.
(6) Every permittee shall comply with all applicable sections of the Fish and Game Code.
(7) The permittee is responsible to ensure that all provisions of the herring buyer's permit are complied with, even though the tasks may be delegated to others.
(8) The permit may be revoked upon violation of any provisions contained herein by the holder of the permit, his/her agents, servants, employees, or those acting under his/her direction or control and shall not be renewed for a period of one year from the date of revocation.
NOTE

Authority cited: Sections 1050, 5510, 8550, 8552.1, 8553 and 8555, Fish and Game Code. Reference: Sections 713, 1050, 7852.2, 8043, 8550, 8552, 8552.6, 8553, 8554, 8555, 8556, 8557 and 8559, Fish and Game Code.
HISTORY

1. Amendment of subsections (a), (e)-(h) and (j) filed 9-15-88; operative 10-15-88 (Register 88, No. 39). For prior history, see Register 87, No. 47.
2. Amendment of subsection (h) filed 12-21-88 as an emergency; operative 12-21-88 (Register 89, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-20-89.
3. Amendment filed 11-27-89 as an emergency; operative 11-27-89 (Register 90, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-27-90.
4. Certificate of Compliance as to 11-27-89 order transmitted to OAL 3-26-90 and filed 4-24-90 (Register 90, No. 19).
5. Amendment of subsection (c) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
6. Amendment of first paragraph, subsections (a)(4)-(5), (b)(2), (c)(1), (c)(1)(C), (c)(1)(D)2, (c)(2), (e)(2), (e)(4), (f)(2), (f)(2)(C)-(E), (g)(3)(A)-(B), (g)(4), (h) and (j) and adoption of subsection (e)(7) filed 12-13-91; operative 12-13-91 pursuant to Government Code section 11346.2 (d) (Register 92, No. 13).
7. Amendment of subsections (b)(2), (c)(1), (c)(3), (e)(3), (e)(7), (e)(7)(B)(4), (f)(2)(B)-(C), (g)(3)(A)-(B), (g)(4)-(g)(4)(B), and (h)(1)-(7) filed 11-10-92; operative 12-10-92 (Register 92, No. 46).
8. Amendment of section text and Note filed 10-28-93; operative 11-28-93 (Register 94, No. 45).
9. Amendment of section text and Note filed 11-3-94; operative 11-3-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 45).
10. Amendment of section and Note filed 11-7-95; operative 11-7-95 pursuant to Fish and Game Code sections 202 and 215 (Register 95, No. 45).
11. Amendment filed 11-12-96; operative 11-12-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 46).
12. Amendment of section and Note filed 10-8-97; operative 10-8-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 41).
13. Amendment filed 10-30-98; operative 10-30-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 44).
14. Amendment of subsections (a)(1), (c)(1)(B), (c)(1)(C), (c)(2), (f)(2)(B), (f)(2)(D), (g)(3)(A), (g)(4), (g)(4)(A), (h)(3)-(h)(3)(D), (h)(4), (i) and (j)(2)(B) and repealer of subsections (g)(3)(A)1.-4. filed 11-1-99; operative 11-1-99 pursuant to Fish and Game Code section 202 (Register 99, No. 45). 
15. Amendment filed 10-27-2000; operative 10-27-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 43).
16. Amendment of first paragraph and amendment of subsections (a)(6), (b)(2), (e)(3), (e)(4), (e)(6), (f)(2)(B) and (f)(2)(F), new subsections (f)(2)(G)-(H) and amendment of subsections (g)(3)(A), (g)(4)-(g)(4)(B), (h)(3)-(h)(3)(D), (h)(4), (i), (j)(2) and (j)(8) filed 10-31-2001; operative 11-1-2001 pursuant to Fish and Game Code section 215 (Register 2001, No. 44).
17. Amendment of first paragraph and subsections (a)(4), (b)(2), (c)(1)(D)2., (e)(5), (f)(1), (f)(2)(B), (f)(2)(D), (g)(3)(A), (g)(4)-(g)(4)(B) and (h)(3)-(h)(4) filed 10-21-2002; operative 10-21-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 43). 
18. Amendment of subsections (f)(2)(B), (f)(2)(D), (g)(3)(A), (g)(4)-(g)(4)(B) and (h)(3)-(h)(4) and amendment of Note filed 11-13-2003; operative 11-15-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 46).
19. Amendment of subsections (f)(2)(B), (g)(3)(A), (g)(4), (h)(3)-(4) and (h)(7) filed 11-3-2004; operative 11-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 45).
20. Amendment of subsections (f)(2)(A)-(B), (g)(3)(A), (g)(4)-(g)(4)(A) and (h)(3)-(h)(5) filed 12-19-2005; operative 12-19-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 51).
21. Amendment filed 12-1-2006; operative 12-1-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 48).
22. Amendment of first paragraph and subsections (b)(1), (b)(3), (f)(2)(A), (g)(4)-(g)(4)(A) and (h)(3)-(4) filed 11-28-2007; operative 11-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 48).
23. Repealer and new subsection (b)(3) and amendment of Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28). 
24. Amendment of subsections (b)(1), (g)(4)-(g)(4)(A) and (h)(3)-(4) filed 10-23-2008; operative 11-22-2008 (Register 2008, No. 43).
25. Amendment of subsection (h)(6) filed 7-13-2009 as an emergency; operative 7-13-2009 (Register 2009, No. 29). A Certificate of Compliance must be transmitted to OAL by 1-11-2010 or emergency language will be repealed by operation of law on the following day.
26. Amendment of first paragraph and subsections (b)(1), (c)(3), (e)(4), (f)(2)(A), (g)(4)-(g)(4)(B) and (h)(3), repealer of subsections (h)(3)(A)-(D), amendment of subsections (h)(4) and (h)(6), repealer of subsection (h)(7) and amendment of Note filed 11-18-2009; operative 12-18-2009 (Register 2009, No. 47).
27. Amendment of introductory paragraph and subsections (b), (c)(2)-(3), (e)(4), (f)(2)(A), (g)(4)-(g)(4)(B) and (h)(3), new subsections (h)(3)(A)-(C) and (h)(7) and amendment of subsections (h)(4) and (h)(6) filed 11-9-2010; operative 12-9-2010 (Register 2010, No. 46).
28. Amendment of first paragraph and subsections (b)(1), (c)(2), (e)(4), (f)(1), (f)(2)(D), (g)(4), (h)(3)-(4), (j) and (j)(8) filed 11-17-2011; operative 12-17-2011 (Register 2011, No. 46).
§163.1. Herring Permit Transfers.
Note     •     History

(a) Definitions.
Individual means a single natural person.
Individually held means a permit that is not held by a partnership under Fish and Game Code Section 8552.6.
Permit means a valid entitlement issued pursuant to Fish and Game Code Section 8552, which has not been suspended or revoked, to take herring for roe purposes.
Fishing group means those platoons whose season is designated in Section 163(a) of these regulations.
(b) Multiple permits. In the San Francisco Bay fishery, no person may ever hold, either individually or in partnership, more than a total of three permits, and/or more than one permit in any fishing group.
(c) Notice/application to transfer and transfer fee. A transfer under this regulation does not require the notice to qualified point holders required by Fish and Game Code Section 8552.2. The permit holder must submit a notarized letter, signed by the permit holder, to the department's San Francisco Bay Area Marine Region office requesting transfer of the permit, identifying the individual to whom the permit is to be transferred. Notwithstanding Fish and Game Code Section 8552.7 the fee to transfer a herring permit is one thousand dollars ($1000). The fees shall be deposited in the Fish and Game Preservation Fund and shall be expended for research and management activities to maintain and enhance herring resources pursuant to subsection 8052(a) of the Fish and Game Code.
(d) Permit Renewal. Each permit individually held shall be separately renewed according to the procedures in Section 163 of these regulations.
(e) Appeals. Any individual who is denied the transfer of a permit may appeal in writing to the department's San Francisco Bay Area Marine Region office not more than 60 days from the date of denial. The appeal shall describe the basis for the appeal and contain all supporting evidence. If the denial is sustained, the individual may appeal in writing to the commission within 60 days of the date of the department's decision.
NOTE

Authority cited: Sections 8552.1, 8552.3 and 8553, Fish and Game Code. Reference: Sections 8552, 8552.1, 8552.2, 8552.3 and 8552.7, Fish and Game Code.
HISTORY

1. New section filed 12-19-2005; operative 12-19-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 51).
2. Amendment of section heading, section and Note filed 3-27-2006; operative 3-27-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 13). 
§163.5. Penalties in Lieu of Suspension or Revocation--Herring Permittees.
Note     •     History

(a) Pursuant to the provisions of section 309 of the Fish and Game Code and sections 163 and 746, Title 14, CCR, any permit issued pursuant to Section 8550 of the Fish and Game Code may be suspended or revoked at any time by the Commission for cause, after notice and an opportunity to be heard, or without a hearing upon conviction of the permittee or his/her substitute (pursuant to Section 163, Title 14, CCR) of a violation of Fish and Game Code statutes or Division 1, Title 14, CCR, while fishing as a participant in the herring fishery by a court of competent jurisdiction. A permittee whose permit has been suspended or revoked for conviction of a violation of Fish and Game Code statutes or Division 1, Title 14, CCR, while fishing as a participant in the herring fishery may request a hearing before the commission to show cause why his or her herring fishing or buying privileges should be restored.
(b) Notwithstanding subsection (a), the Executive Secretary of the Commission shall enter into a stipulated compromise settlement agreement with the consent of the permittee for category I violations, and may enter into a compromise for category II violations with the consent of the permittee. The provisions of this section regarding compromise settlement agreements shall not apply if action is brought to recover civil damages under Section 2014 of the Fish and Game Code from the person subject to action under this section.
(c) Terms and Conditions of a stipulated compromise agreement may include, but are not limited to, the payment of monetary penalties, the reduction of a revocation to a suspension for a specified period of time, a period of probation not to exceed three years or any other terms and conditions, mutually agreed upon by the Executive Secretary acting for the Commission and the permittee, without further hearing or appeal.
(d) A compromise settlement agreement may be entered before, during or after the Commission hearing on the matter, but is valid only if executed and signed by the Executive Secretary and the permittee prior to the adoption of the decision by the Commission. Any monetary penalty included in a compromise settlement agreement shall be within the range of monetary penalties as prescribed in subsection (f) of these regulations and shall be due and payable within 30 days after the compromise is entered into. Any and all funds submitted as payment in whole or in part by a permittee of any monetary penalties stipulated in a compromise settlement agreement shall be nonrefundable.
(e) If the permittee fails to perform all of the terms and conditions of the compromise settlement agreement, such agreement is thereby declared void and the Commission, notwithstanding the compromise settlement agreement, may take any action authorized by section 163 of these regulations against the permittee.
(f) Procedures for determining monetary penalties:
(1) Monetary penalties (score range multiplied by the monetary range) for compromise settlement agreements shall be based on the following point system:

SCORE RANGE	MONETARY RANGE
(Total Points)
  1-10	$200 per point as provided in subsection (f)(2) below.
  11+	$400 per point as provided in subsection (f)(2) below.
(2) The score range shall be based on a cumulative total of the points assigned in this subsection:
(A) POINTS ASSIGNED FOR CATEGORY I VIOLATIONS ARE AS FOLLOWS: 

1. Failure to properly identify vessel (Sec. 163(d)) 	1 point 

2. Improperly marked buoys or flags (Sec. 163(f)(2)(F))	1 point 

3. Failure of permittee to have herring permit, commercial 
fishing license, or boat registration aboard the permit 
vessel (Sec. 163, para. 1)	2 points 

4. Setting or operating nets within 300 feet of specified 
piers and jetties (Sec. 163(f)(2)(C) and (f)(2)(E)) 	3 points

5. Failure to “tend” nets (Sec. 163(f)(2)(A)) 	5 points 

6. Failure of herring buyer to permanently mark all 
vehicles, containers or pallets (Sec. 163(j)(1))	5 points
(B) POINTS ASSIGNED FOR CATEGORY II VIOLATIONS ARE AS FOLLOWS: 

1. Unloading fish without recovering both nets and 
having them aboard vessel (Sec. 163(e)(4))	6 points 

2. Fishing in a closed area (Sec. 163(f)(1) and 163(f)(2)(D))	12 points, plus
	all fish and nets
	on the vessel at
	the time of the
	violation shall
	be forfeited to
	the department
	and such fish and
	nets shall be sold
	or disposed of in
	a manner 
	determined by
	the department
	with the 
	proceeds from
	all such sales
	paid into the Fish
	and Game 
	Preservation
	Fund

3. Failure to remove fishing gear from water by 
announced time terminating fishery operations 
(Sec. 163(e)(3)) 	6 points,
	plus 1/2 point
	for each hour, 
	or portion 
	thereof, after 
	closing time 

4.  Possession or use of nets with undersized mesh 
(Sec. 163 (f)(2)(B))	12 points, plus
	all fish and nets
	on the vessel at
	the time of the
	violation shall
	be forfeited to
	the department
	and such fish and
	 nets shall be sold
	or disposed of in
	a manner 
	determined by
	the department
	with the 
	proceeds from
	all such sales
	paid into the Fish
	and Game 
	Preservation
	Fund

5. Failure to immediately return all halibut, sturgeon, 
salmon, steelhead and striped bass to the water 
(Sec. 163(e)(6)) 	10 points

6. Possession or use of extra nets or nets which 
exceed maximum length restrictions (Sec. (f)(2)(A)) 	12 points,
	plus 1/2 point for 	every 5 fathoms 
	of net, or portion 	thereof, exceed--			ing maximum, 
	plus all fish and
	nets on the 
	vessel at the time 	of the violation
	shall be forfeited
	to the
	department and
	 such fish and
	nets shall be sold
	or disposed of in
	a manner 
	determined by
	the department
	with the 
	proceeds from
	all such sales
	paid into the Fish
	and Game 
	Preservation
	Fund 

7. Failure of permittee or his or her temporary substitute, 
authorized by the department, to be aboard the vessel 
during herring fishing operations (Sec. 163, para 1) 	10 points 

8. Failure to complete and maintain weight tally sheets 
(Sec. 163(j)(4)) 10 points 

9. Failure to immediately complete a Fish and Game 
receipt upon completion of weighing any load or 
lot of fish (Sec. 163(j)(2))	15 points
(C) For each prior conviction of the permittee within the past three years for violations of the laws or regulations pertaining to the commercial take of herring:
1. The following additional points shall be assessed:
(i) For one prior conviction for a violation of the commercial herring fishing laws or regulations within the past three years, the monetary assessment shall be doubled if the total point score (points from prior violation added to points for current violation) is 10 or less, and tripled if such total point score is 11 points or more.
(ii) For two prior convictions for violations of the commercial herring fishing laws or regulations within the past three years, the monetary assessment shall be quadrupled if the total point score (points from prior convictions added to points for current violation) is 17 or less.
2. The permit shall be revoked, or suspended for a period of at least 1 year, if the total point score is 18 points or more.
(3) Conviction of multiple violations, committed at the same time, shall be treated as one conviction for the purposes of implementing the provisions of this section.
(4) All monetary penalties for compromise agreements assessed under this section shall be deposited by the Department to the Fish and Game Preservation Fund.
NOTE

Authority cited: Sections 1050, 8553 and 8555, Fish and Game Code. Reference: Sections 309, 1050, 7852.2, 8552, 8553 and 8555, Fish and Game Code.
HISTORY

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 1). For history of former section, see Register 76, No. 35. 
2. Amendment of subsections (a), (f)(1), (f)(2)(A)4., (f)(2)(A)6., and (f)(2)(B)3. and repealer of subsection (f)(4) filed 1-15-92 as an emergency; operative 2-14-92 (Register 92, No. 12).
3. Amendment of subsections (a), (f)(2)(B)3., (f)(2)(B)5. and (f)(2)(B)7. filed 11-12-96; operative 11-12-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 46).
4. Repealer of subsection (f)(2)(A)3., subsection renumbering and amendment of subsection (f)(2)(B)6. filed 10-30-98; operative 10-30-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 44).
5. Amendment of subsection (a) filed 10-27-2000; operative 10-27-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 43).
6. Repealer of subsection (f)(1)(B)1. and subsection renumbering filed 10-31-2001; operative 11-1-2001 pursuant to Fish and Game Code section 215 (Register 2001, No. 44).
7. Amendment of subsection (f)(2)(B)7. filed 10-21-2002; operative 10-21-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 43). 
8. Repealer of subsection (f)(2)(A)3., subsection renumbering and amendment of Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28). 
§163.6. Commercial Harvesting of Herring. [Repealed]
Note     •     History

NOTE

Authority cited: Section 8550, Fish and Game Code. Reference: Section 8550, Fish and Game Code.
HISTORY

1. New section filed 5-4-76 as an emergency; effective upon filing (Register 76, No. 19).
2. Certificate of Compliance filed 6-30-76 (Register 76, No. 27).
3. Repealer filed 8-27-76; effective thirtieth day thereafter (Register 76, No. 35).
§164. Harvesting of Herring Eggs.
Note     •     History

(a) Herring eggs may be taken for commercial purposes only under a revocable, nontransferable permit issued by the department. A department-issued copy of the permit shall be aboard each vessel harvesting, processing or transporting herring eggs under the authority of the permit. The permittee or his/her authorized agent shall be aboard any vessel that is harvesting, processing or transporting herring eggs under the authority of the permit. The permit shall list the names of all authorized agents and all vessels used for harvesting, processing or transporting herring eggs under the authority of the permit (This includes the attachment of any changes approved by the department after the permit is issued).
(b) Herring eggs may be harvested only from the waters of San Francisco Bay. The harvest season is December 1 to March 31.
(c) For purposes of this section, San Francisco Bay is defined as the waters of Fish and Game districts 11, 12, 13 and that part of district 2 known as Richardson Bay.
(d) No more than 11 permits may be issued under the provisions of these regulations. No new permits shall be issued until the maximum number of permits is less than 10. The commission will review and determine annually whether further action, other than permit attrition, is deemed necessary to achieve a reduction to 10 permits.
(e) Fishing, Harvesting, and Processing Defined. Unless the context requires otherwise, the following definitions shall apply to the herring eggs on kelp (HEOK) fishery:
(1) “Fishing” means the act of suspending giant kelp (Macrocystis pyrifera) for the purposes of taking herring eggs, and/or the subsequent act of removing herring eggs on kelp from the water for the purposes of transport or harvest. Any person engaged in fishing shall possess a commercial fishing license pursuant to Section 7850 of the Fish and Game Code.
(2) “Harvesting” means the act of removing herring eggs on kelp from the water for the purposes of processing for sale and/or transport to market. Any person engaged in harvesting shall possess a commercial fishing license pursuant to Section 7850 of the Fish and Game Code.
(3) “Processing” means the act of separating or removing kelp blades (with herring eggs attached) from the stipe of harvested herring eggs on kelp, and loading the processed blades into bins or totes. Any person engaged in, or employed for the specific purpose of, processing herring eggs on kelp shall fall under the category of nonapplicability in regard to possession of a commercial fishing license pursuant to Section 7850.5 of the Fish and Game Code. Pursuant to Section 7850.5 of the Fish and Game Code, a person engaged in processing (permittees and authorized agents excepted) may stand aboard a herring eggs on kelp vessel while at a dock or landing, but may not be transported aboard the vessel. A person engaged in processing (permittees and authorized agents excepted) may not stand on the herring eggs on kelp raft, nor physically participate in the removal of herring eggs on kelp from the water.
(f) Permits. Permits shall be issued in two categories:
(1) Prior permittee. Permits shall be issued to all prior permittees. A prior permittee is defined as a person who has:
(A) met the requirements under subsection (g) of these regulations, and
(B) renewed their herring eggs on kelp permit for the immediately preceding herring eggs on kelp season, and
(C) submitted all fees from prior seasons.
(2) New permittee. A new permittee is defined as any applicant who held a herring permit issued pursuant to Section 163 of these regulations during the preceding herring season, but does not qualify as a prior permittee as defined above. The total number of permits available to new permittees shall be the difference between the 10 permit limit and the number of permits issued to individuals qualifying as prior permittees. In the event that the number of eligible applicants qualifying for new permits exceeds the number of available permits, a lottery shall be held.
(g) Permit conditions: Every person operating under a permit to harvest herring eggs shall:
(1) Forfeit his or her herring fishing privileges authorized pursuant to Section 163 of these regulations during the same season.
(2) In addition to any license fees required by the Fish and Game Code, pay a royalty of $500 per ton of herring eggs on kelp taken. (The royalty fee shall include the landing tax imposed pursuant to Article 7.5, (commencing with Section 8040) Chapter 1, Part 3, Division 6, of the Fish and Game Code, and the royalty fee required for the harvesting of kelp pursuant to Section 165, Title 14 CCR).
(3) Submit a Herring-Eggs-on-Kelp Monthly Landings and Royalty Report (FG 143 HR (Rev. 5/01), which is incorporated by reference herein (available at the department's San Francisco Bay Area Marine Region office), with payment due to the department's San Francisco Bay Area Marine Region office for each month of the season, within 60 days after the close of the month for which it is due.
(h) Permit applications. Each applicant for a herring eggs on kelp permit shall:
(1) Submit the completed application as specified in Section 705, Title 14, CCR, to the address listed on the application for the season to which the application applies. No person shall submit more than one application per season. Applications shall include a performance deposit as specified in subsection (i).
(2) Permit Renewal. Applications for renewal of all Herring-Eggs-on-Kelp permits shall be received by the department, or if mailed, postmarked, on or before August 1 each year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(3) Have submitted all fees from prior seasons.
(i) Each application shall include a performance deposit equal to 50% of the royalty price for the permit (i.e., allotment). The deposit shall be credited to the amount payable by the successful applicants and shall not be refundable. The performance deposit shall be returned to an applicant who does not qualify for a permit. 
(j) Method of Take. Herring eggs may only be taken by harvesting giant kelp (Macrocystis sp.), with spawn (i.e., eggs) attached, which has been artificially suspended using the following two methods: rafts and/or lines, a technique commonly known as the “open pond” method. For the purpose of this Section, a raft is defined as a temporary, mobile structure with a metal, wood or plastic frame. The total surface area of each raft is not to exceed 2,500 square feet. Rafts used by a licensed herring eggs on kelp permittee, prior to the 1995-96 season, are exempt from these size specifications. Such rafts may not be modified to exceed 2,500 square feet total surface area. Any new raft built after the 1995-96 herring eggs on kelp season must meet the specified dimensions. A line is defined as a piece of line of no more than 1200 feet in overall length that is suspended under a suitable permanent structure (e.g., pier or dock), or between two permanent structures (e.g., piers or docks). Kelp lines shall have floats or cork over the entire length of line. Each end of the line must be attached to a permanent structure. Kelp lines suspended from a permanent structure (e.g., pier or dock) shall not be placed as to hinder navigation. If kelp lines are suspended under a permanent structure (e.g., pier or dock), or if a raft is tied up to a permanent structure (e.g., pier, dock or rock wall, natural stationary shoreline structures), the permittee shall obtain prior written approval from the appropriate owners or controlling agency (e.g., wharfinger, Coast Guard, Navy or private owner). Buoys are not permanent structures.
(1) Not more than two rafts and/or two lines may be used per permit. Two permits may be simultaneously fished on the same raft if each line on the raft is clearly identified with the permit number of the owner. Each raft shall have a light at each corner that may be seen for at least a distance of 100 yards. Each raft shall be further identified with the herring eggs on kelp permit number in 14-inch high, 2-inch wide black Roman alphabet letters and Arabic numerals painted on a white background permanently affixed to the raft. Lines shall be marked at the beginning and the end with a light that may be seen for at least a distance of 100 yards. Each line shall be further identified with the herring eggs on kelp permit number in 14-inch high, 2-inch wide black Roman alphabet letters and Arabic numerals painted on a white background, permanently affixed to the line.
(2) Not more than ten sets of test kelp may be used per permit. Test kelp is defined as one stipe with blades, attached to a length of line for the purpose of testing for spawning activity. A set is defined as one length of line with test kelp attached. Each set must be attached to a permanent structure (e.g., pier, dock) and marked with the herring eggs on kelp permit number, in Roman alphabet letters and Arabic numerals at least 3 inches high, at a point above the waterline. No herring eggs on kelp shall be retained from test kelp sets for testing purposes that have not been weighed and recorded, pursuant to subsection 164(k).
(3) Rafts and/or lines may not be placed in any waters or areas otherwise closed or restricted to the use of herring gill nets operating pursuant to Section 163 of these regulations, except where written approval is granted by the owners or controlling agency (e.g., Navy, Coast Guard). Rafts and/or lines may be placed in Belvedere Cove or Richardson Bay, only if permittees tie their rafts and/or lines to a permanent structure (e.g., pier, dock or rock wall, natural stationary shoreline structures), and obtain prior written approval. Buoys are not permanent structures.
(4) The total amount of herring eggs on kelp that may be harvested by each permittee shall be based on the previous season's spawning population assessment of herring in San Francisco Bay, as determined by the department. This assessment is used to establish the overall herring fishing quotas pursuant to Section 163 of these regulations.
The total amount of herring eggs on kelp that may be harvested by an individual possessing a gill net permit issued pursuant to Section 163 of these regulations shall be 2.2 tons per season. The total amount of herring eggs on kelp that may be harvested by an individual possessing a “CH” permit issued pursuant to Section 163 of these regulations shall be 3.4 tons per season.
(5) Each vessel operating under or assisting in fishing operations under a permit issued pursuant to these regulations shall have a current Fish and Game commercial boat registration and be further identified with the permittee's herring eggs on kelp permit number in 14-inch high, 2-inch wide black Roman alphabet letters and Arabic numerals painted on a white background permanently affixed to each side of the vessel. If a herring eggs on kelp vessel is also used as an assist vessel in another permittee's fishing operation, it must be identified with the number of the permit it is assisting.
(6) The permittee shall notify the department's License and Revenue Branch, Sacramento in writing with the name and department registration number issued pursuant to Section 7881 of the Fish and Game Code of any vessel that will be used for harvesting, processing or transporting herring eggs under the authority of the permit. The permittee shall receive written approval from the department before using a vessel for harvesting, processing or transporting herring eggs.
(7) Permittee shall notify the department's San Francisco Bay Area Marine Region office at the telephone number designated on the herring eggs on kelp permit within a 4-hour period prior to the suspension of kelp on a raft and/or lines and supply the following information:
(A) Where the kelp suspension will take place; and
(B) Where the permittee plans to fish the rafts and/or lines; and
(C) A local fax number or mailing address where confirmation of kelp suspension notification can be sent.
(k) Harvesting, Landing and Processing Requirements. Every person who harvests, receives, processes or wholesales herring eggs shall comply with the following requirements.
(1) Obtain all appropriate commercial fish business licenses and permits required by Fish and Game Code sections 8030-8038.
(2) Permittee shall notify the department's San Francisco Bay Area Marine Region office at the telephone number designated on the herring eggs on kelp permit a minimum of 12 hours prior to harvesting herring eggs on kelp on a weekday and supply the following information: description and point of departure of the vessel used; the exact location of each raft and/or line and estimated time of beginning of each operation; and if harvesting occurs, the point of landing and time of landing or off-loading of the herring eggs on kelp harvested. If any of this information changes after notification is given, the permittee shall again notify the department at the telephone number designated on the herring eggs on kelp permit.
(3) Herring eggs on kelp may be harvested any time on weekdays, but shall not be off-loaded between the hours of 10:00 p.m. and 6:00 a.m.
(4) Herring eggs on kelp may be harvested on Saturdays and Sundays at any time if the permittee reimburses the department for the cost of operations. The department shall submit a detailed invoice of its cost of operations within 30 days of providing the services. Permittee shall remit payment to the department within 30 days of the postmark date of the department's invoice. Permittee shall notify the department at the phone number designated on the herring eggs on kelp permit, during normal business hours (between 8:00 a.m. and 5:00 p.m., Mondays through Friday) prior to harvesting herring eggs on kelp on Saturday or Sunday, and shall supply the following information:
(A) Description and point of departure of the vessel used.
(B) The exact location of each raft and estimated time of the beginning of the harvesting operation, the estimated time of off-loading of the harvested product, and the point of off-loading.
(C) A local telephone number of the permittee for the immediate confirmation or clarification of the information required in subsection 164(k)(4).
(5) Permittee shall have a certified scale aboard the vessel at all times if any brining is conducted aboard that vessel. This scale shall be used to determine the total weight of herring eggs on kelp prior to brining. For the purposes of this section, all portions of the kelp blade, including all trimmed-off portions (trim), shall be considered part of the harvested product and included in the total weight of herring eggs on kelp. The stipe and pneumatocyst shall not be considered a part of the harvested product; therefore, the weight of the stipe and pneumatocyst shall not be considered in determining the total weight of herring eggs on kelp.
(6) All bins or totes shall be permanently marked with individualized serial numbers, beginning with the prefix CA, and predetermined tare weights (including lids). The serial number and predetermined tare weight shall be permanently marked in letters and numerals at least 3 inches high on each side of the bin or tote.
(7) Prior to weighing herring eggs on kelp, each receiver of herring eggs on kelp shall have a scale currently certified and sealed by the County Division of Weights and Measures.
(8) Weight tally sheets and a landing receipt shall be immediately completed upon the landing and weighing of any single permittee's boat load of harvested herring eggs on kelp (hereinafter “load”).
(A) The landing receipt for each herring eggs on kelp permittee shall be completed and signed by the permittee prior to commencing unloading operations of another permittee's load.
(B) The landing receipt for each load shall include all information required by Fish and Game Code Section 8043. Tally sheets shall indicate the serial number, the tare weight of the bin or tote, the net weight of the product (eggs on kelp), excluding the salt and brine and the gross weight of each bin or tote. Filled bins or totes shall be weighed when landed on-shore, or before they are moved from the premises if processing takes place on-shore. The weight tally sheet shall be retained by the permittee for one year and shall be available at all times for inspection by the department. All herring eggs on kelp landed in excess of any established permit quota shall be forfeited to the department by the signing of a Release of Property form (FG-MR-674 (Rev. 5/02)), which is incorporated by reference herein). Such excess of herring eggs on kelp shall be sold or disposed of, and the proceeds from all such sales shall be paid into the Fish and Game Preservation Fund.
(9) There shall be no landing or off-loading of herring eggs on kelp from a permittee's vessel, from 10:00 p.m. Friday to 6:00 a.m. Monday, unless brining is conducted at a shore-based facility. If brining occurs on-shore, the permittee shall notify the department's designated contact 12 hours prior to the shipping or removal of the bins or totes from the premises.
(l) These regulations and all sections of the Fish and Game Code pertaining thereto shall be set forth in all permits. Permits shall be issued upon the conditions contained in the application and signed by the applicant that he has read, understands, and agrees to be bound by all terms of the permit.
(m) A permit may be suspended by the Department of Fish and Game for breach or violation of the terms of the permit by the permittee, or any other person(s) operating under the terms of the permit. Any such suspension may be appealed to the Fish and Game Commission pursuant to section 746 of these regulations.
(n) Authorized agents. Each herring eggs on kelp permittee may designate two authorized agents to operate under his or her permit. To designate an authorized agent, the permittee shall submit to the department's License and Revenue Branch, Sacramento a completed, signed Authorized Agent Form (MRD 164 (8/97)) which is incorporated by reference herein. A permittee may replace an authorized agent by submitting a new Authorized Agent Form to the department's License and Revenue Branch, Sacramento. A copy of the current California commercial fishing license for each authorized agent shall be submitted with each Authorized Agent Form. A person designated on the Authorized Agent Form shall act as an authorized agent only after the permittee has received written approval from the department. An authorized agent:
(1) May serve in the place of the permittee for all fishery activities requiring the presence or action of the permittee, including the signing of landing receipts;
(2) Shall possess a current California commercial fishing license;
(3) Shall not be another herring eggs on kelp permittee unless the other permittee has stopped fishing his or her permit for the season;
(4) Who does not hold a herring eggs on kelp permit, may act as an authorized agent for more than one herring eggs on kelp permittee.
NOTE

Authority cited: Sections 1050, 5510, 8389, 8552.1, 8553 and 8555, Fish and Game Code. Reference: Sections 713, 1050, 7850, 7850.5, 7852.2, 7881, 8043, 8053, 8389 and 8550-8556, Fish and Game Code.
HISTORY

1. New section filed 10-8-69 as an emergency; designated effective 11-10-69 (Register 69, No. 41). For history of prior section, see Register 63, No. 1.
2. Certificate of Compliance--section 11422.1, Government Code, filed 12-17-69 (Register 69, No. 51).
3. Amendment filed 6-30-78; effective thirtieth day thereafter (Register 78, No. 26).
4. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
5. Amendment filed 3-29-90; operative 3-29-90 (Register 90, No. 19).
6. Amendment of subsections (i) and (j) filed 10-23-91; operative 11-22-91 (Register 92, No. 5).
7. Amendment of subsections (f)(2), (i) and (i)(2) filed 11-10-92; operative 12-10-92 (Register 92, No. 46).
8. Amendment of subsections (i)(2) and (j)(2), new subsection (j)(2)(D) and amendment of Note filed 10-28-93; operative 11-28-93 (Register 94, No. 45).
9. Amendment of subsections (i)(2), (i)(4), (j)(2), (j)(3), (j)(5) and (j)(6) filed 11-30-94; operative 11-3-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 45).
10. Amendment filed 11-7-95; operative 11-7-95 pursuant to Fish and Game Code section 202 and 215 (Register 95, No. 45).
11. Amendment of subsections (j)(3)(D)- (j)(4) and Note filed 11-15-95; operative 11-15-95 pursuant to Fish and Game Code sections 202 and 215 (Register 95, No. 46).
12. Amendment of subsections (c), (i)(4)(A), (i)(5), (j)(7) and (j)(7)(B) filed 11-12-96; operative 11-12-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 46).
13. Amendment of section and Note filed 10-17-97; operative 10-17-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 42).
14. Amendment of subsection (i)(4), repealer of subsection (j)(3)(A)-(C) designators and amendment of newly reorganized subsection (j)(3) filed 10-30-98; operative 10-30-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 44).
15. Amendment of subsections (a), (f)(2), (g)(1), (i)-(i)(5), (j)(5) and (m) and new subsections (f)(3) and (i)(6) filed 11-1-99; operative 11-1-99 pursuant to Fish and Game Code section 202 (Register 99, No. 45). 
16. Amendment filed 10-27-2000; operative 10-27-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 43).
17. Amendment of section and Note filed 10-31-2001; operative 11-1-2001 pursuant to Fish and Game Code section 215 (Register 2001, No. 44).
18. Amendment of subsections (h)(1), (j), (j)(4) and (k)(8)(B) filed 10-21-2002; operative 10-21-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 43). 
19. Amendment of subsections (h)(1), (i) and (j)(4) filed 11-13-2003; operative 11-15-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 46).
20. Amendment of subsections (e) and (f)(1)(B), new subsection (f)(1)(C) and amendment of subsections (h)(1), (i)-(j), (j)(4), (k)(5) and (k)(9) filed 11-3-2004; operative 11-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 45).
21. Amendment of subsections (h)(1) and (j)(4) filed 12-19-2005; operative 12-19-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 51).
22. Amendment of subsections (h)(1), (j)(6) and (n) filed 12-1-2006; operative 12-1-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 48).
23. Amendment of subsections (h)(1) and (j)(4) filed 11-28-2007; operative 11-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 48).
24. Amendment of subsection (h)(1), repealer and new subsection (h)(2) and amendment of Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28). 
25. Amendment of subsections (h)(1) and (j)(4) filed 10-23-2008; operative 11-22-2008 (Register 2008, No. 43).
26. Amendment of subsections (e)(3), (h)(1) and (j)(4) and amendment of Note filed 11-18-2009; operative 12-18-2009 (Register 2009, No. 47).
27. Amendment of subsections (h)(1) and (j)(4) filed 11-9-2010; operative 12-9-2010 (Register 2010, No. 46).
28. Amendment of subsections (h)(1), (j)(4) and (j)(6) and amendment of Note filed 11-17-2011; operative 12-17-2011 (Register 2011, No. 46).
§165. Harvesting of Kelp and Other Aquatic Plants.
Note     •     History

(a) General License Provisions. Pursuant to the provisions of Section 6651 of the Fish and Game Code, no kelp or other aquatic plants may be harvested for commercial purposes except under a revocable license issued by the department.
(1) Who Shall be Licensed. Each company or individual harvesting kelp and other aquatic plants for industrial, human consumption or aquaculture purposes shall apply each year for a license on forms provided by the department. Application forms and a list of laws and regulations governing the harvest of kelp and other aquatic plants are available on request from the department's Marine Region, 20 Lower Ragsdale Drive, Suite 100, Monterey, CA 93940, and from the department's field offices in Eureka, Belmont, Los Alamitos and San Diego.
(2) Cost of License. See section 6651 of the Fish and Game Code.
(3) Where to Submit Applications. Application forms, together with the fee authorized by Section 6651 of the Fish and Game Code, shall be submitted to the department's Los Alamitos office, 4665 Lampson Avenue, Suite C, Los Alamitos, CA 90720.
(4) License Limitation. All provisions of sections 6650-6680 of the Fish and Game Code, and sections 165 and 165.5 of the commission regulations shall become a condition of all licenses issued under this section to be fully performed by the holders thereof, their agents, servants, employees or those acting under their direction or control.
(b) General Harvesting Provisions.
(1) Weighing of Kelp. A kelp harvester shall determine the weight of harvested kelp or other aquatic plants upon landing or delivery to the harvester's place of business. The harvester may determine the weight of harvested kelp or other aquatic plants using either direct weighing or a volume conversion that has been approved by the department. If the weight is determined by a certified or licensed weighmaster, the harvester shall obtain a receipt and maintain the receipt in the landing record required under subsection (b)(3) below. 
(2) Harvesting Records. Every person harvesting kelp and other aquatic plants and licensed pursuant to section 6650 of the Fish and Game Code shall keep a book or books recording the following: 
(A) Category of plants harvested as defined in Section 165(c), (d) and (e). 
(B) The wet weight of harvested kelp or other aquatic plants recorded in pounds or tons (1 ton = 2000 pounds). 
(C) Name and address of the person or firm to whom the plants are sold, unless utilized by the harvester. The book(s) shall be open at all times for inspection by the department. 
(3) Landing Records. Records of landing shall be prepared by all harvesters licensed pursuant to Section 6650 of the Fish and Game Code. Records of landing shall be made in triplicate using forms FG 113 (Rev. 1/97, see Appendix A) and FG 114 (Rev. 1/07, see Appendix A). The landing records shall show: 
(A) The wet weight of all aquatic plants harvested in units as defined in subsection (b)(2)(B) above. 
(B) Name of harvester. 
(C) Department of Fish and Game kelp harvester number. 
(D) Dates of landing and report period. 
(E) Kelp bed number and, if applicable, harvest control area or marine protected area where plants were harvested. 
(F) A duplicate copy of the landing record shall be kept by a kelp harvester for a period of one year and shall be available for inspection at any time within that period by the department. A kelp harvester who harvests kelp from a harvest control area established under subsection (c)(4)(E) below or from a marine protected area established under subsection 632(b) shall maintain a copy of the landing record on board the harvest vessel for all harvesting conducted during that harvest control period. The original and one copy of the record shall be delivered to the department at the address indicated within 10 days after the close of each month, with the specified royalty required for all kelp and other aquatic plants harvested. Failure to submit the required landing record and royalty fees within the prescribed time limit are grounds for revocation of the harvester's license. 
(4) No eel grass (Zostera) or surf grass (Phyllospadix) may be cut or disturbed. 
(5) No kelp or other aquatic plant may be harvested in a state marine reserve or state marine park as per subsection 632(a). Commercial harvest of kelp or other aquatic plants may be limited in state marine conservation areas as per subsection 632(b). 
(6) It is unlawful to cause or permit waste of any kelp or other aquatic plants taken in the waters of this state or to take, receive or agree to receive more kelp or other aquatic plants than can be used without waste or spoilage. 
(c) Harvesting of Macrocystis and Nereocystis (giant and bull kelp). In this subsection, kelp means both giant and bull kelp.
(1) A kelp harvester may harvest kelp by cutting and removing portions of attached kelp or by collecting unattached kelp. 
(2) A kelp harvester may not cut attached kelp at a depth greater than four feet below the surface of the water at the time of cutting. 
(3) No kelp received aboard a harvesting vessel shall be allowed to escape from the vessel or be deposited into the waters of this state. 
(4) If, at any time, the commission finds that the harvesting of kelp will tend to destroy or impair any kelp bed or beds, or parts thereof, or tend to impair or destroy the supply of food for fish or marine mammals, the commission may limit or prohibit the harvest of kelp within a bed or portion of a bed for any length of time. 
(A) In beds north of Point Montara, Nereocystis (bull kelp) may only be taken by hand harvesting. No mechanical harvesters of any kind are allowed. 
(B) Between April 1 and July 31, a kelp harvester may not harvest bull kelp from a nonleased kelp bed that lies partially or totally within the boundary of the Monterey Bay National Marine Sanctuary extending from Santa Rosa Creek, San Luis Obispo County, northward to Rocky Point, Marin County. This subsection does not preclude the removal of bull kelp from beaches within the Monterey Bay National Marine Sanctuary during the seasonal closure. 
(C) Prior commission approval of a kelp harvest plan is necessary before a kelp harvester may use a mechanical harvester to harvest giant kelp in a nonleased kelp bed north of Santa Rosa Creek, San Luis Obispo County. For approval of a kelp harvest plan, a harvester must identify how a mechanical harvester will be used while avoiding: 1) repetitive harvest from individual giant kelp plants; 2) harvest of bull kelp from those portions of kelp beds that contain both giant kelp and bull kelp; and 3) harvest giant kelp near sea otter rafting sites used by female sea otters with dependent pups. 
(D) A kelp harvester may not harvest kelp in that portion of kelp bed 220 in Monterey County that lies in the area bounded by the mean high tide line, a line extending due north from the tip of the Monterey breakwater and latitude 36o 36.83 N. 
(E) With a finding as determined in subsection (c)(4) above, the commission may designate, through emergency regulation, a nonleased kelp bed or portion of a bed as a harvest control area for a specified period of time. The commission shall set a cumulative harvest tonnage limit for each kelp harvester that may not be exceeded while harvesting within the control area during any consecutive 7-day period. The department shall maintain a list of active harvest control areas, their effective time period, and their cumulative harvest tonnage limit on its web page (www.dfg.ca.gov). The same information may be obtained by contacting the Marine Region office at 20 Lower Ragsdale Drive, Suite 100, Monterey, CA 93940. 
(5) A kelp harvester may not harvest kelp from the following kelp beds:

	Bed. No.	Square Miles
	10	0.00
	15	0.04
	22	0.05
	24	0.05
	203	0.00
	206	0.04
	224	0.06
	225	0.00
	226	0.00
	301	0.00
	302	0.00
	303	1.33
	304	0.89
	305	1.11
	306	1.03
	307	0.93
	310	0.00
	311	0.00
 	Total	5.53

(6) Only a lessee authorized by the commission may harvest kelp from the following beds:

	Bed No.	Square Miles
	308	0.20
	309	0.14
	312	0.20
	Total	0.54

(7) In addition to the license fee, a kelp harvester shall pay a royalty of $1.71 for each ton (2,000 pounds) of wet kelp harvested from a nonleased bed.
(d) Harvesting of marine plants of the genera Gelidium, Pterocladia, Gracilaria, Iridaea, Gloiopeltis or Gigartina which are classified as agar-bearing plants.
(1) General Provisions.
(A) All agar-bearing plants must be harvested by cutting, except that drift or loose plants may be picked up by the harvester. Agar-bearing plants may be cut no closer than two inches to the holdfast and no holdfast may be removed or disturbed. All agar-bearing plants which are removed from a bed must be taken from the water for weighing and processing.
(B) While harvesting agar-bearing plants, it is unlawful to harvest abalone or to have abalone harvesting equipment in possession.
(C) License numbers of the harvesters will be displayed on both sides of the boat from which they are operating in 10-inch black numbers on a white background.
(D) A harvester may use conventional underwater diving gear or SCUBA when harvesting agar-bearing plants.
(2) Kelp Drying Permits. Pursuant to section 6653.5 of the Fish and Game Code, no company or individuals shall reduce the moisture content or otherwise dry agar-bearing plants harvested from waters of the state except under the authority of a kelp drying permit issued by the department. Drying permits shall be issued under the following conditions:
(A) Where Issued. Requests for kelp drying permits shall be submitted to the Department of Fish and Game at the address listed in section 165(a)(3).
(B) Cost of Permit. See subsection 699(b) of these regulations for the fee for this permit.
(C) Permit Review. The department shall return permit application forms to the applicant within three working days of receipt.
(D) Duration of Permits. Except as otherwise provided, kelp drying permits shall be valid for a term of one year from date of issue.
(E) Weighing of Kelp. All agar-bearing marine plants shall be weighed upon landing pursuant to the provisions of subsection (b)(1) of these regulations.
(F) Plant Delivery. Every person taking delivery of agar-bearing marine plants for drying purposes from persons licensed pursuant to section 6650 of the Fish and Game Code or harvesters drying their own plants shall keep a book or books recording the following:
1. A full and correct record of all agar-bearing plants received from other licensed agar harvesters or taken by permittee.
2. Names of the different species.
3. The number of pounds received.
4. Name, address and kelp harvester number of the person from whom the agar-bearing plants were received. The book(s) shall be open at all times for inspection by the department.
(G) Landing Receipts. Receipts shall be issued by all kelp drying permittees to harvesters licensed pursuant to subsection (b)(3) of these regulations and shall show:
1. Price paid.
2. Department origin block number where the agar-bearing plants were harvested.
3. Such other statistical information the department may require.
(H) The original signed copy of receipt shall be delivered to the agar harvester at the time of purchase or receipt of the agar-bearing plants. The duplicate copy shall be kept by the kelp drying permittee for a period of one year and shall be available for inspection at any time within that period by the department, and the triplicate shall be delivered to the department at the address indicated within 10 days after the close of each month, with a royalty of $17.00 per wet ton (2,000 lbs.) for all agar-bearing seaweed received. Failure to submit the required landing receipts and royalty fees within the prescribed time limit is grounds for revocation of the permittee's drying permit.
(e) Harvesting of marine plants, including the genera Porphyra, Laminaria, Monostrema, and other aquatic plants utilized fresh or preserved as human food and classified as edible seaweed.
(1) General Provisions.
(A) Edible varieties of marine plants must be harvested by cutting or picking, except that drift or loose plants may be picked up by the harvester. All harvested plants must be processed.
(B) Edible seaweed may be harvested from state waters throughout the year, except as provided under section 164.
(C) While harvesting edible seaweed, it is unlawful to harvest abalone or to have abalone harvesting equipment in possession.
(D) A harvester may use conventional underwater diving gear or SCUBA while harvesting edible seaweed.
(2) Harvest of Bull Kelp for Human Consumption. Notwithstanding subsection 165(c) (5)(A), persons operating under the authority of an edible seaweed harvesters license may take, not to exceed, 2 tons (4,000 lbs) of bull kelp per year. The entire plant may be harvested.
(3) Weighing of Edible Marine Plants. All edible marine plants shall be weighed pursuant to the provisions of subsection (b)(1) of these regulations and landing receipts in duplicate issued as per subsection (b)(3).
(4) The original copy of the receipt shall be delivered to the department at the address indicated within 10 days after the close of each month with a royalty of $24 per wet ton (2,000 lbs.) of edible marine plants harvested from state waters other than San Francisco Bay and Tomales Bay.
(f) All Other Species of Kelp.
(1) Applicant shall apply to the commission, outlining the species to be harvested, amount and location. The commission may set conditions and amount of royalty after review of the application.
NOTE

Authority cited: Sections 6653 and 6653.5, Fish and Game Code. Reference: Sections 6650-6680, Fish and Game Code.
HISTORY

1. Amendment of subsection (a)(3) filed 10-8-69 as an emergency; designated effective 11-10-69 (Register 69, No. 41). For prior history, see Register 69, No. 15.
2. Certificate of Compliance--section 11422.1, Gov. Code, filed 12-17-69 (Register 69, No. 51).
3. Amendment of subsection (a)(1)(E) filed 6-30-77 as an emergency; effective upon filing (Register 77, No. 27).
4. Certificate of Compliance filed 8-24-77 (Register 77, No. 35).
5. Amendment filed 3-9-81; effective thirtieth day thereafter (Register 81, No. 11).
6. Amendment filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
7. Change without regulatory effect of subsection (e)(3) filed 5-5-86; effective thirtieth day thereafter (Register 86, No. 19).
8. Amendment of subsections (a)(2), (a)(3) and (c)(5) filed 1-27-87; effective thirtieth day thereafter (Register 87, No. 5).
9. Amendment of subsection (c) filed 12-3-90; operative 1-2-91 (Register 91, No. 4).
10. Amendment of subsections (a) and (d) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
11. Editorial correction of printing error in subsection (c)(3) (Register 91, No. 31).
12. Amendment of subsections (a)(3) and (c)(2), new subsections (c)(5)-(c)(5)(B), subsection renumbering and amendment of newly designated subsection (c)(6), and new subsection (e)(3) and subsection renumbering filed 3-26-96; operative 3-26-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 13).
13. Amendment filed 10-25-2001; operative 11-24-2001 (Register 2001, No. 43).
14. Amendment of subsection (b)(5) filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
15. Change without regulatory effect amending subsection (a)(3) filed 5-5-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 18).
16. Amendment of subsections (b)(1), (b)(3), (b)(3)(D)-(F) and (c)(4)(D) filed 8-22-2007; operative 9-21-2007 (Register 2007, No. 34).
17. Editorial correction restoring inadvertently omitted subsection (c)(5) (Register 2011, No. 5).
§165.5. Lease of Kelp Beds for Exclusive Harvest of Macrocystis and Nereocystis.
Note     •     History

(a) The commission may lease to any person the exclusive privilege to harvest kelp in any designated kelp bed or beds, or part thereof described in subsection (j). In this section, kelp means giant kelp, bull kelp, or both.
(b) A current list of kelp beds considered by the commission to be available for leasing may be obtained through written request to the department's Marine Region at 20 Lower Ragsdale Drive, Suite 100, Monterey, CA 93940. Any person desiring to lease the exclusive privilege of harvesting kelp shall make a written application to the Fish and Game Commission, 1416 Ninth Street, Sacramento, CA 95814. The application for kelp bed lease shall include:
(1) The number of the designated bed or beds as shown in subsection (j), a description of the kelp bed or portion of the kelp bed requested and the designated number of square miles in each bed or portion thereof.
(2) A minimum deposit of $2,565 per square mile for kelp beds lying south of Point Arguello and $1,368 per square mile for kelp beds lying north of Point Arguello. (The deposit shall be returned to the applicant if a lease is not executed.)
(3) A detailed development plan for the proposed kelp bed lease showing the intended use, the manner of harvesting and transporting the kelp and the amount of kelp the lessee proposes to harvest during each of the next five years.
(4) The financial capabilities of the lessee to carry out the proposed plan of development. The department shall evaluate the submitted plans, and provide its evaluation to the commission.
(5) Applicants for the lease of Kelp Beds 300-312 shall, in addition to the above requirements, submit evidence of a scientifically acceptable survey of the requested kelp bed, conducted within one year of the date of the application, showing the extent of the kelp bed and the quantity (biomass) of kelp present. Evidence of such a survey must be submitted annually prior to beginning harvest. Harvest of bull kelp from leased beds shall be limited to not more than 15 percent of the bull kelp biomass revealed by the survey.
(c) Kelp leases may be awarded to applicants determined by the commission to possess the capabilities to harvest and utilize kelp in a manner beneficial to the state.
(1) In case more than one application is received for the lease of a specified kelp bed or beds, the lease shall be awarded to the highest qualified bidder.
(2) Bids tendered for the exclusive right to harvest kelp from designated kelp beds will be for the dollar amount of royalty to be paid on each wet ton of kelp harvested. The minimum acceptable bid will be for a royalty rate of no less than $1.71 per wet ton of kelp harvested.
(3) The commission may reject any or all applications for the lease of the exclusive privilege to harvest kelp, if it deems the rejection to be in the public interest.
(d) If the specified kelp harvesting area applied for is found to be available for lease, and that the lease would be in the public interest, the commission shall have legal notices published in a newspaper of general circulation in each county where the kelp bed, or any part thereof, is located. The department shall, in addition, notify by mail all current holders of kelp harvesting licenses that a kelp lease is being considered.
(e) Upon termination of a kelp bed lease for any reason, the commission shall notify all current holders of kelp licenses of the availability of such bed(s) for lease.
(f) Kelp bed leases shall be awarded for a maximum term of 20 years.
(g) The royalty rate for kelp harvested from leased kelp beds shall be no less than $1.71 per wet ton of kelp harvested from such beds. A nonrefundable advance payment computed on the basis of the harvest of 800 tons of kelp annually times the bid royalty rate per square mile for kelp beds located north of Point Arguello and the harvest of 1,500 tons of kelp annually times the bid royalty rate per square mile for beds lying south of that point is due and payable to the department on January 1 each year. Kelp harvested from each bed during the calendar year will be credited against the advance payment at the specified royalty rate until the deposit has been depleted. Kelp harvested from each bed in excess of the amount covered by the advance deposit shall be assessed at the basic royalty rate established by Section 165(c)(5).
(h) Each kelp lease shall specify a period prior to expiration when renewal of the lease may be requested by lessee. If during the notification period the lessee successfully demonstrates to the commission that all conditions of the lease have been met, the lessee shall have a prior right to renew the lease on terms agreed upon between the commission and the lessee. If terms of a lease renewal are not agreed upon prior to termination of a lease agreement, the commission shall advertise for bids on the individual kelp beds comprising the lease. If a request for renewal is not made during the specified period by the lessee, the commission shall advertise for bids on the individual kelp beds comprising the lease.
(i) Notwithstanding the provisions of subsections (f) and (h), at any time during the term of a lease, a lessee may notify the commission of its desire to enter into a new lease. If the lessee can successfully demonstrate to the commission that all conditions of its lease have been met and that a new lease would be in the best interest of the state, a new lease may be drawn on terms agreed upon between the two parties, provided a new lease is negotiated for an additional period not to exceed 20 years.
(j) There is established a “Revised Official Map and Description of Kelp Beds, Pt. Arguello to U.S.-Mexico Boundary” dated August 1, 1963 revised March 3, 1967, a new “Official Map and Description of Kelp Beds, Pt. Arguello to Pt. Montara” dated March 3, 1967, and a new map “Official Map and Description of Kelp Beds, Pt. Montara to California-Oregon Boundary” dated June 15, 1995. These maps are based upon U.S. Coast and Geodetic Survey Charts No. 5020, dated April 1961, No. 5302, dated October 12, 1964, and No. 5402, dated September 6, 1965, as filed with the Fish and Game Commission. Beds are described as follows: (all bearings are true bearings)
(1) Mainland Beds (Pt. Arguello to Mexico)

	Bed 	1.	From a line drawn 264o from the U.S.A.-Mexico International Boundary to a line drawn 270o from the southern tip of San Diego Bay. 0.20 square miles. 

	Bed 	2.	From a line drawn 270o from the southern tip of San Diego Bay to a line drawn 259o from the southern tip of Point Loma. 0.10 square miles. 

	Bed 	3.	From a line drawn 259o from the southern tip of Point Loma to a line drawn 272o from the south jetty of Mission Bay. 2.58 square miles.

	Bed 	4.	From a line drawn 272o from the south jetty of Mission Bay to a line drawn 283o from Scripps Pier. 2.53 square miles. 

	Bed 	5.	From a line drawn 283o from Scripps Pier to a line drawn 269o from the mouth of the San Dieguito River. 0.00 square miles. 

	Bed 	6.	From a line drawn 269o from the mouth of the San Dieguito River to a line drawn 236o from the middle of Loma Alta Lagoon (at South Oceanside). 1.52 square miles. 

	Bed 	7.	From a line drawn 236o from the middle of Loma Alta Lagoon to a line drawn 215o from the middle of the city of San Onofre. 0.66 square miles. 

	Bed 	8.	From a line drawn 215o from the middle of the city of San Onofre to a line drawn 219o from the middle of San Juan Creek. 1.53 square miles.

	Bed 	9.	From a line drawn 219o from the middle of San Juan Creek to a line drawn 220o from Abalone Pt. 0.39 square miles. 

	Bed 	10.	From a line drawn 220o from Abalone Pt. to a line drawn 220o from the south jetty of Newport Bay. 0.00 square miles. 

	Bed 	13.	From a line drawn 156o from the San Pedro Breakwater Lighthouse to a line drawn 232o from Pt. Vicente. 0.54 square miles. 

	Bed 	14.	From a line drawn 232o from Pt. Vicente to a line drawn 256o from the southern tip of the Redondo Beach Breakwater. 0.74 square miles.

	Bed 	15.	From a line drawn 223o from the Santa Monica Pier to a line drawn 156o from Malibu Pt. 0.04 square miles.

	Bed 	16.	From a line drawn 156o from Malibu Pt. to a line drawn 185o from Pt. Dume. 0.21 square miles. 

	Bed 	17.	From a line drawn 185o from Pt. Dume to a line drawn 207o from Pt. Mugu. 0.62 square miles. 

	Bed 	18.	From a line drawn 217o from the middle of the mouth of Ventura River to a line drawn 214o from Pitas Pt. 0.14 square miles.

	Bed 	19.	From a line drawn 214o from Pitas Pt. to a line drawn 218o from Rincon Pt. 0.05 square miles. 

	Bed 	20.	From a line drawn 218o from Rincon Pt. to a line drawn 198o from Loon Pt. 0.24 square miles. 

	Bed 	21.	From a line drawn 198o from Loon Pt. to a line drawn 184o from the eastern boundary of the Montecito Hotel (2.4 miles 072o from tip of S.B. Breakwater). 0.19 square miles.

	Bed 	22.	From a line drawn 184o from the eastern boundary of the Montecito Hotel to a line drawn 166o from the tip of the Santa Barbara Breakwater. 0.05 square miles. 

	Bed 	23.	From a line drawn 166o from the tip of the Santa Barbara Breakwater to a line drawn 195o from the Santa Barbara Lighthouse. 0.10 square miles. 

	Bed 	24.	From a line drawn 195o from the Santa Barbara Lighthouse to a line drawn 197o from the middle of Rogue Creek (Arroyo Burro). 0.05 square miles. 

	Bed 	25.	From a line drawn 197o from the middle of Rogue Creek to a line drawn 185o from the middle of Hope Ranch Creek. 0.18 square miles.

	Bed 	26.	From a line drawn 185o from the middle of Hope Ranch Creek to a line drawn 176o from Goleta Pt. 0.60 square miles.

	Bed 	27.	From a line drawn 176o from Goleta Pt. to a line drawn 210o from Coal Oil Pt. 0.43 square miles. 

	Bed 	28.	From a line drawn 210o from Coal Oil Pt. to a line drawn 200o from the Middle of Gato Canyon (about 1.5 miles west of Naples). 0.60 square miles. 

	Bed 	29.	From a line drawn 200o from the middle of Gato Canyon to a line drawn 183o from the middle of Refugio Creek. 0.17 square miles.

	Bed 	30.	From a line drawn 183o from the middle of Refugio Creek to a line drawn 180o from the middle of Canada de Molino (about 5 miles west of Refugio Creek). 0.39 square miles. 

	Bed 	31.	From a line drawn 180o from the middle of Canada de Molino to a line drawn 180o from the middle of Alegria Canyon (about 3.4 miles west of Gaviota). 0.16 square miles. 

	Bed 	32.	From a line drawn 180o from the middle of Alegria Canyon to a line drawn 180o from Pt. Conception. 2.76 square miles. 

	Bed 	33.	From a line drawn 180o from Pt. Conception to a line drawn 231o from Expada Bluff. 0.97 square miles. 

	Bed 	34.	From a line drawn 231o from Espada Bluff to a line drawn 270o from Pt. Arguello. 0.31 square miles. 

Total Area Mainland Beds (Pt. Arguello 
to Mexico).	19.05 square miles
(2) Island Beds 

	Bed 	101.	San Clemente Island. From a line drawn 120o from Pyramid Head to a line drawn 210o from China Pt. 0.66 square miles. 

	Bed 	102.	San Clemente Island. From a line drawn 210o from China Pt. to a line drawn 226o from Seal Cove. 2.39 square miles.

	Bed 	103.	San Clemente Island. From a line drawn 226o from Seal Cove to a line drawn 0o from Northwest Harbor. 2.89 square miles. 

	Bed 	104.	San Clemente Island. From a line drawn 0o from Northwest Harbor to a line drawn 120o from Pyramid Head. 0.22 square miles. 

	Bed 	105.	Santa Catalina Island. Entire island. 0.75 square miles.

	Bed 	106.	Santa Barbara Island. Entire island. 0.23 square miles.

	Bed 	107.	San Nicolas Island. South of a line drawn 75o from the east end to a line drawn 283o from the west end. 1.15 square miles. 

	Bed 	108.	San Nicolas Island. North of a line drawn 283o from the west end to a line drawn 75o from the east end. 2.85 square miles. 

	Bed 	109.	Anacapa Islands. All islands. 0.32 square miles. 

	Bed 	110.	Santa Cruz Island. From a line drawn 86o from San Pedro Pt. to a line drawn 170o from Bowen Pt. 0.64 square miles.

	Bed 	111.	Santa Cruz Island. From a line drawn 170o from Bowen Pt. to a line drawn 306o from West Pt. 0.61 square miles.

	Bed 	112.	Santa Cruz Island. From a line drawn 306o from West Pt. to a line drawn 86o from San Pedro Pt. 0.11 square miles.

	Bed 	113.	Santa Rosa Island. From a line drawn 61o from Skunk Pt. to a line drawn 180o from South Pt. 0.59 square miles. 

	Bed 	114.	Santa Rosa Island. From a line drawn 180o from South Pt. to a line drawn 285o from Sandy Pt. 2.17 square miles. 

	Bed 	115.	Santa Rosa Island. From a line drawn 285o from Sandy Pt. to a line drawn 45o from Carrington Pt. 1.59 square miles. 

	Bed 	116.	Santa Rosa Island. From a line drawn 45o from Carrington Pt. to a line drawn 61o from Skunk Pt. 0.62 square miles. 

	Bed 	117.	San Miguel Island. South of a line drawn 60o from Cardwell Pt. to a line drawn 231o from Pt. Bennett. 1.35 square miles. 

	Bed 	118.	San Miguel Island. North of a line drawn 231o from Pt. Bennett to a line drawn 60o from Cardwell Pt. 1.51 square miles. 

Total Island Beds	20.65 square miles
(3) Mainland Beds (Pt. Arguello to Point Montara) 

	Bed 	202.	From a line drawn 270o from Pt. Arguello to a line drawn 270o from Point Sal. 0.10 square miles. 

	Bed 	203.	From a line drawn 270o from Point Sal to a line drawn 270o from Pismo Beach Pier. 0.00 square miles. 

	Bed 	204.	From a line drawn 270o from Pismo Beach Pier to a line drawn 180o from Point San Luis. 0.72 square miles.

	Bed 	205.	From a line drawn 180o from Point San Luis to a line drawn 250o from Point Buchon. 0.64 square miles. 

	Bed 	206.	From a line drawn 250o from Point Buchon to a line drawn 270o from Morro Rock. 0.04 square miles. 

	Bed 	207.	From a line drawn 270o from Morro Rock to a line drawn 190o from Point Estero. 1.46 square miles. 

	Bed 	208.	From a line drawn 190o from Point Estero to a line drawn 230o from Von Helm Rock. 2.61 square miles.

	Bed 	209.	From a line drawn 230o from Von Helm Rock to a line drawn 200o from San Simeon Point. 2.20 square miles.

	Bed 	210.	From a line drawn 200o from San Simeon Point to a line drawn 230o from Point Piedras Blancas. 2.02 square miles. 

	Bed 	211.	From a line drawn 230o from Point Piedras Blancas to a line drawn 240o from Salmon Head. 1.50 square miles.

	Bed	212.	From a line drawn 240o from Salmon Head to a line drawn 240o from Cape San Martin. 1.26 square miles.

	Bed 	213.	From a line drawn 240o from Cape San Martin to a line drawn 240o from Lopez Point. 2.14 square miles. 

	Bed 	214.	From a line drawn 240o from Lopez Point to a line drawn 240o from Partington Point. 2.03 square miles.

	Bed 	215.	From a line drawn 240o from Partington Point to a line drawn 200o from Pfeiffer Point. 0.80 square miles.

	Bed 	216.	From a line drawn 200o from Pfeiffer Point to a line drawn 200o from Point Sur. 3.08 square miles. 

	Bed 	217.	From a line drawn 200o from Point Sur to a line drawn 270o from Yankee Point. 2.38 square miles. 

	Bed 	218.	From a line drawn 270o from Yankee Point to a line drawn 270o from Point Lobos. 0.50 square miles. 

	Bed 	219.	From a line drawn 270o from Point Lobos to a line drawn 270o from Point Cypress. 1.28 square miles. 

	Bed 	220.	From a line drawn 270o from Point Cypress to a line drawn 000o from Monterey Pier. 1.88 square miles. 

	Bed 	221.	From a line drawn 000o from Monterey Pier to a line drawn 180o from Santa Cruz Pier. 0.90 square miles.

	Bed 	222.	From a line drawn 180o from Santa Cruz Pier to a line drawn 240o from Sand Hill Bluff. 0.81 square miles.

	Bed 	223.	From a line drawn 240o from Sand Hill Bluff to a line drawn 240o from Point Ano Nuevo. 0.19 square miles.

	Bed 	224.	From a line drawn 240o from Point Ano Nuevo to a line drawn 270o from Pescadero Point. 0.06 square miles.

	Bed 	225.	From a line drawn 270o from Pescadero Point to a line drawn 270o from Point Montara. 0.00 square miles.

Total area of Mainland Beds (Pt. Arguello to 
Point Montara)	28.60 square miles
(4) Mainland Beds (Point Montara to Oregon).

	Bed 	226.	From a line drawn 270o from Point Montara to a line drawn 270o from Fort Point. 0.00 square miles.

	Bed	301	From a line drawn 270o  from Fort Point to a line drawn 270o from Point Reyes. 0.00 square miles.

	Bed	302	From a line drawn 270o from Point Reyes to a line drawn 240o from Duncan's Point. 0.00 square miles.

	Bed	303.	From a line drawn 240o from Duncan's Point to a line drawn 270o from Gualala Point. 1.33 square miles.

	Bed	304.	From a line drawn 270o from Gualala Point to a line drawn 240o from Iverson Point 0.89 square miles.

	Bed	305.	From a line drawn 240o from Iverson Point to a line drawn 330o from Point Arena. 1.11 square miles.

	Bed	306.	From a line drawn 330o from Point Arena to a line drawn 270o from Stillwell Point. 1.03 square miles.

	Bed	307.	From a line drawn 270o from Stillwell Point to a line drawn 270o from the middle of Ten-mile River. 0.93 square miles.

	Bed	308.	From a line drawn 270o from the middle of Ten-mile River to a line drawn 180o from Point Delgada. 0.20 square miles.

	Bed	309.	From a line drawn 180o from Point Delgada to a line drawn 260o from Point Mendocino. 0.14 square miles.

	Bed	310.	From a line drawn 260o from Cape Mendocino to a line drawn 300o from the South jetty of Humboldt Bay. 0.0 square miles.

	Bed	311.	From a line drawn 300o from the South jetty of Humboldt Bay to a line drawn 270o from the middle of the Klamath River. 0.00 square miles.

	Bed	312.	From a line drawn 270o from the middle of the Klamath River to a line drawn 250o from the California-Oregon Boundary. 0.20 square miles.

Total of mainland beds, Point Montera to 
Oregon Boundary	5.83 square miles

Grand Total	74.13 square miles
(k) Those beds not subject to lease are as follows:

Mainland Beds (Pt. Arguello	                           Mainland Beds (Pt. Arguello to
               to Mexico)		                           Pt. Montara)
Bed No.	Square Miles	Bed No.	Square Miles

	1	0.20	205	0.64
	2	0.10	213	2.14
	7	0.66	215	0.80
	8	1.53	217	2.38
	9	0.39	218	0.49
	13	0.54	219	1.28
	14	0.74	220	1.88
	18	0.15	221	0.90
	23	0.10	222	0.81
	25	0.18	Total	11.32

	28	0.60
	33	0.97
	Total	6.16

Mainland Beds (Pt. Montara to California-Oregon Border
	Bed No.	Square Miles
	303	1.33
	304	0.89
	305	1.11
	306	1.03
	307	0.93
Total		5.29

                                                       Island Beds
	Bed No.	Square Miles	

	101	0.66
	104	0.22
	105	0.75
	109	0.32
	110	0.64
	112	0.11
	113	0.59
	114	2.18
	115	1.59
	116	0.62
	117	1.35
	118	1.51
	Total	10.54

NOTE

Authority cited: Sections 6653 and 6700, Fish and Game Code. Reference: Sections 6653 and 6700-6707, Fish and Game Code.
HISTORY

1. Amendment and renumbering from Section 165 filed 6-11-68; effective thirtieth day thereafter (Register 68, No. 22). For prior history, see Register 67, No. 50.
2. Amendment of subsection (d) filed 8-28-68; effective thirtieth day thereafter (Register 68, No. 33).
3. Amendment of subsection (f) filed 6-30-77 as an emergency; effective upon filing (Register 77, No. 27).
4. Certificate of Compliance filed 8-24-77 (Register 77, No. 35).
5. Amendment of subsection (f) filed 3-9-81; effective thirtieth day thereafter (Register 81, No. 11).
6. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
7. Amendment filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
8. Amendment of subsection (k) filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
9. Change without regulatory effect of subsections (j)(1)-(3) filed 5-5-86; effective thirtieth day thereafter (Register 86, No. 19).
10. Amendment of subsections (b)(2), (c)(2), (g), (j)(3) and (k) filed 1-27-87; effective thirtieth day thereafter (Register 87, No. 5).
11. Amendment of subsections (b)(1), (c)(1) and (j)(3) filed 7-14-88; operative 8-13-88 (Register 88, No. 30).
12. Amendment of subsections (b)(2), (c)(2), (g), and (j) filed 12-3-90; operative 1-2-91 (Register 91, No. 4).
13. Amendment filed 3-26-96; operative 3-26-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 13).
14. Amendment of subsections (b), (b)(1) and (k) filed 10-25-2001; operative 11-24-2001 (Register 2001, No. 43).
15. Editorial correction restoring inadvertently omitted text in subsection (j)(4) (Register 2011, No. 5).
§165.7. Granting and Issuance of Permits to Control Sea Urchins in Kelp Beds. [Repealed]
Note     •     History

NOTE

Authority cited: Section 6653, Fish and Game Code. Reference: Sections 6650-6751, Fish and Game Code.
HISTORY

1. New section filed 1-24-75; effective thirtieth day thereafter (Register 75, No. 4).
2. Repealer filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§166. Salmon: Importation and Sale.
Note     •     History

Regulations prescribed for importation of salmon into the state, and for the sale of salmon during the closed season. As used herein, the word “salmon” means all such fish except those caught under authority of a sport fishing license.
(a) Importation of Salmon. All salmon, fresh or frozen, imported into this state for human consumption shall be in such condition that the size and species can be determined as set forth by Section 2361 of the Fish and Game Code. Salmon legally taken and imported into this state for sale may be transported overland provided:
(1) Such salmon are shipped under a bill of lading issued at point of origin of shipment, a copy of which is possessed by the carrier during transport, showing the point of origin of shipment, the point of delivery to consignee, and listing all fish by species and weight;
(2) Prior notice of at least 12 hours for each shipment shall be provided the department office nearest the point of entry into the state during normal working hours (8:00 a.m.-5:00 p.m., Monday-Friday). Notice shall include approximate time of entry into the state and the route of travel through the state;
(3) The importer shall furnish the office, notified in sub-paragraph (2), a copy of the bill of lading covering each importation received by said importer within 24 hours of the receipt of the shipment;
(4) Within 14 days after the close of the season the owner or possessor of salmon, which are being held for sale during the closed season, shall furnish the department with a written inventory of all salmon held in possession. The inventory shall declare the address of each cold storage plant where salmon are stored as well as the amount in pounds of such salmon held in each of the cold storage plants.
All withdrawals of salmon from such cold storage plants shall be accompanied by a delivery manifest, and a copy of said manifest shall be mailed to the nearest department office on the same date as the withdrawal. The cold storage delivery manifest shall declare: weight of salmon, name and address to whom delivery was made, and date and time of withdrawal.
(b) Sale of Salmon During the Closed Season. Salmon legally taken or imported may be sold during the closed season as herein provided: 
(1) Salmon transported during the period when such fish may not be taken for commercial purposes shall be accompanied by sale receipt or bill of lading. Lots of salmon exceeding fifty pounds shall be transported under bill of lading. The original copy of the bill of lading shall be retained by the consignee for a period of one year and be shown upon demand of any officer authorized to enforce regulations dealing with salmon.
NOTE

Authority cited: Section 8213, Fish and Game Code. Reference: Section 8213, Fish and Game Code.
HISTORY

1. Amendment filed 4-5-77; effective thirtieth day thereafter (Register 77, No. 15). For prior history, see Register 64, No. 3.) 
§167. Penalties in Lieu of Suspension or Revocation--Salmon Permittees.
Note     •     History

Pursuant to the provisions of Section 8237 of the Fish and Game Code, the Commission, after notice and an opportunity to be heard, may suspend or revoke the commercial salmon fishing privileges of any person licensed or required to be licensed under the authority of Sections 7852.5 and 7860 of the Fish and Game Code upon conviction of a commercial salmon fishing violation. Notwithstanding this provision, the Executive Secretary of the Commission may enter into a stipulated compromise settlement agreement with the agreement of the licensee on terms and conditions which may include, but are not limited to, the payment of monetary penalties, the reduction of a revocation to a suspension for a specified period of time, a period of probation not to exceed three years or any other terms and conditions, mutually agreed upon by the Executive Secretary acting for the Commission and the licensee, without further hearing or appeal. Conviction of multiple violations, committed at the same time shall be treated as one conviction for the purposes of implementing the provisions of this section.
A compromise settlement agreement may be entered before, during or after the Commission hearing on the matter, but is valid only if executed and signed by the Executive Secretary and the licensee prior to the adoption of the decision by the Commission. Any monetary penalty included in a compromise settlement agreement shall be within the range of monetary penalties as prescribed in subsection (a) of these regulations and shall be due and payable within 30 days after the compromise is entered into. Any and all funds submitted as payment in whole or in part by a licensee of any monetary penalties stipulated in a compromise settlement agreement shall be nonrefundable.
If the licensee fails to perform all of the terms and conditions of the compromise settlement agreement, such agreement is thereby declared void and the Commission, notwithstanding the compromise settlement agreement, may take any action authorized by Section 8237 of the Fish and Game Code against the licensee.
(a) Procedures for determining monetary penalties:
(1) Monetary penalties (score range multiplied by the monetary range) for compromise settlement agreements shall be based on the following point system: 

SCORE RANGE	MONETARY RANGE
   (Total Points) 
   1-20	$200 per point as provided in subsection (a)(2) below. 
   21+	$400 per point as provided in subsection (a)(2) below.
(2) The score range shall be based on a cumulative total of the points assigned in this subsection:
(A) GRAVITY OF THE VIOLATION.
1. Take of undersize salmon, when such fish comprise (Note: the following points assigned shall be doubled if any part of the load or lot was intentionally hidden by the licensee):
a. 1-25 percent of the total load or lot of salmon. 

(i) When there are 3 or less undersized salmon in the total load or lot. 	1 point, plus 1/2 point 
	for each undersized
	fish 

(ii) When there are more than 3 undersized salmon in the total load or lot. 	3 points, plus 
	1/2 point for each 
	undersized fish
b. 26-50 percent of the total load or lot of salmon. 

(i) When there are 3 or less undersized salmon in the total load or lot. 	2 points, plus 
	1/2 point for each 
	undersized fish 

(ii) When there are more than 3 undersized salmon in the total load or lot. 	4 points, plus 
	1/2 point for each 
	undersized fish
c. 51-100 percent of the total load or lot of salmon. 

(i) When there are 3 or less undersized salmon in the total load or lot. 	3 points, plus 
	1/2 point for each 
	undersized fish 

(ii) When there are more than 3 undersized salmon in the total load or lot. 	1 point, plus 1 point
	for each fish
2. Take of silver salmon which are unlawfully retained during the closed season for silver salmon but during the open season for king salmon, when such fish comprise (Note: The following points assigned shall be doubled if any part of the load or lot was intentionally hidden by the licensee):
a. 1-25 percent of the total load or lot of silver salmon. 

(i) When there are 3 or less silver salmon in the total load or lot. for each silver salmon	1 point, plus 1/2 point

(ii) When there are more than 3 silver salmon in the total load or lot. 	3 points, plus 
	1/2 point for each 
	silver salmon
b. 26-50 percent of the total load or lot of silver salmon. 

(i) When there are 3 or less silver salmon in the total load or lot. 	2 points, plus 
	1/2 point for each 
	silver salmon 

(ii) When there are more than 3 silver salmon in the total load or lot. 	4 points, plus 
	1/2 point for each 
	silver salmon
c. 51-100 percent of the total load or lot of silver salmon. 

(i) When there are 3 or less silver salmon in the total load or lot. 	3 points, plus 
	1/2 point for each 
	silver salmon 

(ii) When there are more than 3 silver salmon in the total load or lot. 	1 point, plus 1 point
	for each silver 
	salmon 

3. Take of salmon during closed salmon	5 points 
 season.
4. Take of salmon within a closed area. 

a. When the vessel is found fishing within one mile inside the closure boundary. 	2 points 

b. When the vessel is found fishing within more than one mile inside the closure boundary. 	5 points 

5. Transfer of salmon from nonpermitted vessel to a permitted vessel. 	10 points 

6. Use of more than six wires or lines. 	10 points 

7. Use of barbed hooks: for each 5 hooks or portion thereof.	1 point 

8. Take of salmon; no valid commercial license in possession.	2 points, plus 
	purchase of required
	license 

9. Take of salmon; no valid commercial salmon vessel permit in possession. 	10 points 

10. Take of salmon; no valid commercial fishing salmon stamp in possession. 	2 points, plus 
	purchase of required
	stamps 

11. Failure to document landing. 	2 points 

12. Any other commercial salmon fishing violation.	1 point
(B) PRIOR VIOLATIONS.
1. For each prior conviction of the licensee within the past three years for violations of the laws or regulations pertaining to the commercial take of salmon, the following additional points shall be assessed:
a. For one prior conviction for a violation of the commercial salmon fishing laws or regulations within the past three years, the accumulative point score shall be doubled to determine the total point score.
b. For two prior convictions for violations of the commercial salmon fishing laws or regulations within the past three years, the accumulative point score shall be tripled to determine the total point score.
c. The provisions of this section regarding compromise settlement agreements shall not apply to any person who has been convicted of three or more convictions, as defined in this section, of the commercial salmon laws or regulations within the past three years or if action is brought to recover civil damages under Section 2014 of the Fish and Game Code from the person subject to action under this section.
(2) All monetary penalties for compromise agreements for points assigned under subsection (a)(2)(A)1. through (a)(2)(A)7. are resource oriented and, therefore, all monetary penalties assessed under these subsections shall be deposited by the Department into the special account established by Section 7861 of the Fish and Game Code. All other monetary penalties assessed under this section shall be deposited by the Department to the Fish and Game Preservation Fund.
NOTE

Authority cited: Sections 8246 and 8246.2, Fish and Game Code. Reference: Sections 8246 and 8246.2, Fish and Game Code.
HISTORY

1. New section filed 6-9-87; operative 7-9-87 (Register 87, No. 24). For prior history, see Register 81, No. 43. 
2. Amendment of subsections (a)(1), (a)(3), (a)(4) and NOTE filed 1-15-92; operative 2-14-92 (Register 92, No. 12).
§167.2. Domestically Reared Striped Bass. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 2361, 2363, 2430, 2431, 7701, 7708, 8213 and 8431, Fish and Game Code. Reference: Sections 2353, 2361, 2430-2433, 7700-7710.5, 8213 an 8431, Fish and Game Code.
HISTORY

1. New section filed 4-5-77; effective thirtieth day thereafter (Register 77, No. 15).
2. Repealer filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§167.3. Sale of Marine Life Produced Under Mariculture License. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 7708, 15005, 15200, 15202 and 15402, Fish and Game Code. Reference: Sections 7708, 15005, 15200, 15202 and 15402, Fish and Game Code.
HISTORY

1. New section filed 12-30-81; effective thirtieth day thereafter (Register 82, No. 1).
2. Repealer filed 4-1-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 14). 
§168. Fish, Packaged or Tagged. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 1038, 2430-2433, 8435 and 8436, Fish and Game Code. Reference: Sections 2430-2433, 8435 and 8436, Fish and Game Code.
HISTORY

1. Amendment filed 8-24-73; effective thirtieth day thereafter (Register 73, No. 34). For prior history, see Register 67, No. 36.
2. Repealer filed 7-28-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 31). 
§169. Permit to Operate Domesticated Anadromous Fishery on Davenport Landing Creek (Santa Cruz County). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 1050, 6570, 15005, 15101 and 15200, Fish and Game Code. Reference: Sections 1050, 6570-6578, 15101 and 15200-15202, Fish and Game Code.
HISTORY

1. New section filed 1-14-69; effective thirtieth day thereafter (Register 69, No. 3).
2. Amendment of subsection (o) filed 12-14-72; effective thirtieth day thereafter (Register 72, No. 51).
3. Repealer and new section filed 1-21-77; effective thirtieth day thereafter (Register 77, No. 4).
4. Amendment of subsection (a)(12) filed 7-28-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 31).
5. Amendment to subsection (a)(1) filed 1-15-81; effective thirtieth day thereafter (Register 81, No. 3).
6. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
7. Repealer filed 4-1-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 14). 
§169.1. Permits to Operate Domesticated Anadromous Fishery in Elk Creek (Mendocino County). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 6550 and 6555, Fish and Game Code. Reference: Sections 6550 and 6555, Fish and Game Code.
HISTORY

1. Repealer filed 1-21-77; effective thirtieth day thereafter (Register 77, No. 4). For prior history, see Register 74, No. 31.
§170. Commercial Packaging of Dead, Domestically-Reared Fish. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 1050, 15005 and 15101, Fish and Game Code. Reference: Sections 1050, 15000-15005 and 15101, Fish and Game Code.
HISTORY

1. Amendment filed 7-28-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 31). For prior history, see Register 71, No. 31.
2. Editorial correction of subsection (d) (Register 78, No. 11).
3. Repealer and new section filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
4. Repealer filed 4-1-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 14). 
§170.5. Domesticated Fish Breeders' Signs. [Repealed]
Note     •     History

NOTE

Authority cited: Section 15400, Fish and Game Code. Reference: Section 15400, Fish and Game Code.
HISTORY

1. New section filed 7-31-75; effective thirtieth day thereafter (Register 75, No. 31).
2. Amendment filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
3. Repealer filed 4-1-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 14).
§171. Importation of Live Catfish.
Note     •     History

No live catfish of the following species: channel catfish (Ictalurus Punctatus), blue catfish (Ictalurus furcatus), white catfish (Ictalurus catus), flathead catfish (Pylodictis olivaris), brown bullhead (Ictalurus nebulosus), black bullhead (Ictalurus melas) or yellow bullhead (Ictalurus natalis) may be imported into California.
NOTE

Authority cited: Section 6401, Fish and Game Code. Reference: Sections 2270-2272, 6300-6306, and 6400-6401, Fish and Game Code.
HISTORY

1. New section filed 5-2-72 as an emergency; effective upon filing (Register 72, No. 19).
2. Certificate of Compliance filed 8-2-72 (Register 72, No. 32).
3. Amendment filed 8-24-73; effective thirtieth day thereafter (Register 73, No. 34).
4. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§171.1. Importation of Live Striped Bass. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 2118 and 6401, Fish and Game Code. Reference: Sections 2116-2191, 2270-2272 and 2301-2304, Fish and Game Code.
HISTORY

1. New section filed 4-5-77; effective thirtieth day thereafter (Register 77, No. 15).
2. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
3. Repealer filed 7-25-88; operative 7-25-88 (Register 88, No. 32). 
§171.5. Importation of Eggs of Fishes of the Family Salmonidae (Trout, Char, and Salmon). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 2118, 6401 and 15600, Fish and Game Code. Reference: Sections 2116-2191, 6401 and 15600, Fish and Game Code.
HISTORY

1. New section filed 7-6-72; effective thirtieth day thereafter (Register 72, No. 28).
2. New NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
3. Repealer filed 4-1-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 14). 
§172. Possession of Trawl or Drag Nets in Districts 4, 19, 19A, 19B, and 21.
Note     •     History

Trawl or drag nets may be possessed for the purpose of transportation in Fish and Game Districts 4, 19, 19A, 19B, and 21.
NOTE

Authority cited: Section 8833, Fish and Game Code. Reference: Sections 8830-8843, Fish and Game Code.
HISTORY

1. New section filed 10-5-65 as an emergency; effective upon filing. Certificate of Compliance included (Register 65, No. 19).
2. Repealer and new section filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 
§173. Midwater Trawls. [Repealed]
Note     •     History

NOTE

Authority cited: Section 8830.5, Fish and Game Code. Reference: Sections 8830-8843, Fish and Game Code.
HISTORY

1. New section filed 12-11-70; effective thirtieth day thereafter (Register 70, No. 50).
2. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
3. New subsection (h) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
4. Change without regulatory effect repealing section filed 5-16-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 20).
§174. Permit to Use Gill Nets or Trammel Nets for Commercial Purposes.
Note     •     History

(a) Permit Required.
(1) The owner or operator of a vessel using a gill net or trammel nets shall have obtained a valid gill net/trammel net permit and shall be in possession of said permit when engaged in gill netting or trammel netting activities except as provided under subsection (i). Pursuant to Fish and Game Code Section 7857(c), the permittee shall be present when fish are being taken, possessed aboard a boat, or landed for commercial purposes.
(2) To Whom Issued. The department shall issue permits to the owner or operator of a currently registered commercial fishing vessel who has qualified pursuant to subsection (b).
(b) Qualifications for the Permit. To qualify for a permit, an applicant shall:
(1) Have worked as a crewmember for at least 12 months on vessels using gill nets or trammel nets and shall have worked at least 180 days at sea on such vessels; or
(2) Pass a proficiency examination administered by the department. The proficiency examination shall include written and performance tests which demonstrate knowledge of the proper use of gill nets or trammel nets.
(3) Prove to the director's satisfaction that as the owner or operator of a legally registered commercial fishing vessel, he has landed at least 10,000 pounds of fish during a 12-month period, or has landed fish during a 12-month period for which he was paid at least $10,000. Only landings of fish caught by the use of gill nets or trammel nets shall be used to satisfy the catch requirements of this subsection; or
(4) Prove to the director's satisfaction that as the owner or operator of a legally registered commercial fishing vessel, he has landed at least 1,000 pounds of fish taken in gill nets or trammel nets in 4 of the 5 license years prior to the date of application; or
(5) Have possessed a permit issued pursuant to this section during the previous season and shall have complied with subsection (f) of these regulations.
(6) Only landings and crewmember experience occurring during the five year period prior to the date of application shall be used to meet the requirements of subsection (b). The applicant shall supply documentation that he was a legally licensed commercial fisherman when he made the required landings or met the crewmember experience requirements. Crewmember experience shall be documented by fishing records submitted to the department as required by subsection (f), or by a notarized document signed by the owner or operator of vessels on which the applicant has completed the required experience. Landings of fish shall be verified by the submission of copies of landing receipts.
(c) Limitations of Permit. Permits must be renewed annually.
(d) Permit Renewal. Beginning April 1, 2009, and thereafter, applications for renewal of gill net/trammel net permits shall be received by the department, or if mailed, postmarked, on or before April 30 of each permit year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(e) Cost of Permit. See section 8683 of the Fish and Game Code.
(f) Records. Pursuant to section 190 of these regulations, each permittee shall complete and submit an accurate record of all gill net and trammel net fishing activities on a form (Gill and Trammel Net Log, DFG 174 (10/89), see Appendix A) provided by the department.
(g) Conditions of Permit. Provisions of the Fish and Game Code relating to commercial fish except as modified by the provisions of these regulations, shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees or those acting, under their direction or control.
(h) Revocation. As specified in Fish and Game Code Section 8681, the commission may suspend, revoke, or cancel a permit, license, and commercial fishing privileges pursuant to Fish and Game Code Section 7857.
(i) Exemptions from Permit. The owner or operator of a vessel operating under a permit issued pursuant to section 163 of these regulations is not required to possess the permit authorized by this section.
NOTE

Authority cited: Sections 1050 and 8682, Fish and Game Code. Reference: Sections 1050, 1700, 7852.2, 8568, 8680, 8681, 8682 and 8683, Fish and Game Code.
HISTORY

1. New section filed 3-25-81; effective thirtieth day thereafter (Register 81, No. 13).
2. Amendment of section heading and subsections (a)(1), (b)(2)-(4.) and (f) filed 3-17-82; effective thirtieth day thereafter (Register 82, No. 12).
3. New subsections (j)-(l) filed 7-8-82 as an emergency; effective upon filing (Register 82, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-5-82.
4. Amendment of subsections (j) and (1) filed 8-13-82 as an emergency; effective upon filing (Register 82, No. 33). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-11-82.
5. Reinstatement of section as it existed prior to emergency adoption of subsections (j)-(l) filed 7-8-82 and the amendment of subsections (j) and (l) filed 8-13-82 by operation of Government Code section 11346.1(f) (Register 83, No. 34).
6. New subsections (j) and (k) filed 8-12-83 as an emergency; effective upon filing (Register 83, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-10-83.
7. Amendment of subsection (i) filed 5-9-84; effective thirtieth day thereafter (Register 84, No. 19).
8. Amendment of subsection (b)(5) and repealer of subsections (j) and (k) filed 5-19-86; effective thirtieth day thereafter (Register 86, No. 21).
9. Amendment of subsection (f) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
10. Amendment of subsection (e) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
11. Amendment of subsection (a)(1), repealer of subsection (a)(3), amendment of subsections (b)(6) and (c), repealer and new subsections (d) and (h) and amendment of subsection (i) and Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28). 
§174.5. Gill Nets and Trammel Nets--Areas with Restricted Fishing. [Repealed]
Note     •     History

NOTE

Authority cited: Section 8664.5, Fish and Game Code. Reference: Sections 1700, 3515 and 4500, Fish and Game Code.
HISTORY

1. New section filed 3-31-87 as an emergency; designated effective 4-1-87 (Register 87, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-30-87. For prior history, see Register 87, No. 14.
2. New section filed 7-23-87 as an emergency; operative 7-23-87 (Register 87, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-20-87.
3. Repealed by operation of Government Code section 11346.1(g) on 11-20-87 (Register 89, No. 16).
4. New section filed 4-12-89 as an emergency; operative 4-12-89 (Register 89, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-10-89.
5. New subsection (a)(2) filed 6-5-89 as an emergency; operative 6-5-89 (Register 89, No. 23). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-3-89.
6. Certificate of Compliance as to 4-12-89 and 6-5-89 orders including amendment transmitted to OAL 8-7-89 and filed 8-31-89 (Register 89, No. 35).
7. Amendment of subsection (c) filed 12-8-89 as an emergency; operative 12-8-89 (Register 89, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-9-90.
8. Expired by its own terms on 3-31-90 (Register 91, No. 31).
§174.7. Gill Nets and Trammel Nets--District 18. [Repealed]
Note     •     History

NOTE

Authority cited: Section 8664.5(b), Fish and Game Code. Reference: Sections 1700, 4500, 4700 and 8664.5, Fish and Game Code.
HISTORY

1. New section filed 9-7-89 as an emergency; operative 9-7-89 (Register 89, No. 39). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 1-5-90. For prior history, see Register 87, No. 27.
2. Expired by its own terms on 11-30-89 (Register 91, No. 31).
§175. Trawl Nets. [Repealed]
Note     •     History

NOTE

Authority and reference cited: Section 7652, Fish and Game Code.
HISTORY

1. New section filed 1-3-83; designated effective 1-3-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 2).
2. Expired by own terms (Register 83, No. 28). 
§176. Trawl Fishing Activity Records.
Note     •     History

Pursuant to Section 190 of these regulations, the master or his designee of any vessel operating any trawl net in the public waters under the jurisdiction of the state, or taking fish by such net without the state and bringing them into the state, shall complete and submit an accurate record of fishing activities on a form (Trawl Trip Log, DFG 176 (10/89), see Appendix A) provided by the department.
NOTE

Authority cited: Section 8026, Fish and Game Code. Reference: Section 8026, Fish and Game Code.
HISTORY

1. New section filed 12-8-89; operative 1-1-90 (Register 89, No. 50). 
§180. Traps.
Note     •     History

Revocable, nontransferable permits to use traps for commercial purposes may be issued by the department to take fish, mollusks and crustaceans except market crabs (Cancer magister) and lobster under the following conditions:
(a) Permits will include conditions under which traps shall be used to take fish, mollusks or crustaceans. No person shall use any trap except as authorized in a permit. The taking of spot prawns shall be subject to the conditions of this section and section 180.1.
(b) Every person who takes or assists in taking fish, mollusks, or crustaceans with any trap or who possesses or transports fish, mollusks, or crustaceans on any boat, barge, or vessel when any trap is aboard, shall have in his possession a valid permit issued to him pursuant to this section while engaged in any such activity.
(c) The department may inspect the traps at any time.
(d) Records. Pursuant to section 190 of these regulations, each permittee may be required by the department to complete and submit an accurate log of the fishing operations on a form (Daily Trap Log, DFG 180A (10/89) or Daily Sablefish Trap Log, DFG 180B (10/89), see Appendix A) provided by the department.
(e) Traps must be marked by buoys as specified by the department.
(f) All traps must have at least one destruct device of a type authorized by the department.
(g) The permit may be suspended temporarily by the Director for a breach or violation of the terms of the permit by the holder thereof, or any member of his crew on the designated vessel. In addition, the permit may be temporarily suspended or denied by the Director if he determines that the trap or its operation is detrimental to any of the ocean's living marine resources. The commission shall be notified of any such suspension, and subsequently may revoke or reinstate the permit or fix the period of its suspension after written notice to the permittee and after he has been afforded an opportunity to be heard. In the event a permit is denied by the Director the applicant may apply to the commission for an experimental gear permit under Section 8606 of the Fish and Game Code.
(h) The permit number of the boat operator shall be displayed on both sides of the boat in ten-inch black numbers on a white background. All permittees aboard the boat shall be mutually responsible for the proper display of the numbers.
(i) Cost of Permit. The fee for this permit shall be the amount specified in Section 9001, Fish and Game Code.
(j) Exemption from Tidal Invertebrate Permit. A commercial fisherman operating under the provisions of a commercial trap permit and lobster operator permit is not required to possess a Tidal Invertebrate Permit, but is subject to the provisions of Section 123.
NOTE

Authority cited: Sections 7701, 7708, 8491 and 8500, Fish and Game Code. Reference: Sections 7700-7710.5, 8490, 8491, 8500, 9000-9011 and 9015, Fish and Game Code.
HISTORY

1. New section filed 1-24-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 4).
2. Amendment filed 3-17-76 as an emergency; effective upon filing (Register 76, No. 12).
3. Certificate of Compliance filed 5-4-76 (Register 76, No. 19).
4. Amendment of subsections (b) and (f) and new subsection (k) filed 4-11-78; effective thirtieth day thereafter (Register 78, No. 15).
5. Amendment filed 4-11-80; effective thirtieth day thereafter (Register 80, No. 15).
6. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
7. Amendment of subsection (f) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
8. New subsection (l) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
9. Amendment of subsections (a), (e)(2), (f) and Note filed 11-14-95; operative 11-14-95 pursuant to Fish and Game Code sections 202 and 215 (Register 95, No. 46). 
10. Repealer of subsections (c), (e)-(e)(6), and (j), subsection relettering, amendment of newly designated subsection (i) and amendment of Note filed 9-19-97; operative 10-19-97 (Register 97, No. 38).
11. New subsection (j) filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
§180.1. Spot Prawn (Pandalus platyceros) Fishing.
Note     •     History

Spot prawns may only be taken by trawl nets for commercial purposes pursuant to subsection 120.3(g) of these regulations, or by traps, pursuant to sections 180, 180.2, 180.5 and this section.
(a) No trap may be used to take spot prawns from November 1 through January 31, between a line drawn due west from Point Arguello, Santa Barbara County and the United States -- Mexico boundary. No trap may be used to take spot prawns from May 1 through July 31 between a line drawn due west from Point Arguello, Santa Barbara County, and the California-Oregon boundary.
(1) Spot prawn traps may be set and baited no earlier than 0600 hours (6:00 a.m.) on January 31 in waters south of a line drawn due west from Point Arguello, and no earlier than 0600 hours (6:00 a.m.) on July 31 in waters north of a line drawn due west from Point Arguello.
(2) In areas in which the season closure begins November 1, all traps must be removed from the water prior to November 1, weather and sea conditions permitting. In areas in which the season closure begins May 1, all traps must be removed from the water prior to May 1, weather and sea conditions permitting. In the event that a permittee is unable to comply with this subdivision, then that person must notify the nearest department office via telephone or FAX and certified mail not later than 1600 hours (4:00 p.m.) on November 1 or May 1, whichever is applicable, stating the reason for the delay and the anticipated date of trap removal. Notification does not relieve the permittee of responsibility for complying with this subdivision unless approved by the department.
(3) All spot prawns taken in any trap during the closed season shall be immediately returned to the water and no spot prawn may be possessed aboard, or landed from, any vessel operating under authority of a spot prawn trap permit in any area during the closed season in that area.
(b) All spot prawn traps shall be made of mesh with a minimum inside measurement of 7/8 inch by 7/8 inch, such that a 7/8 inch square peg passes through the mesh without stretching the mesh. (Note: Fathom Plus Traps may be used to take spot prawns.)
(c) Trap Limits.
(1) Tier 1 and Tier 3 trap limits. Not more than 500 traps may be used from any Tier 1 or Tier 3 vessel to take spot prawns except that not more than 300 traps may be used from any Tier 1 or Tier 3 vessel to take spot prawns within three miles of the mainland shore between a line drawn due west from Point Arguello, Santa Barbara County, and the California-Oregon boundary.
(2) Tier 2 trap limits. Not more than 150 traps may be used from any Tier 2 vessel. 
(d) Each string of spot prawn traps shall be marked with a buoy bearing the commercial fishing license identification number issued to the owner or operator of the vessel.
NOTE

Authority cited: Sections 711 and 8591, Fish and Game Code. Reference: Sections 710.7, 711, 8140, 8590, 8591, 8593, 8594, 8595, 8842, 9000, 9001, 9004-9008 and 9015, Fish and Game Code.
HISTORY

1. New section filed 11-14-95; operative 11-14-95 pursuant to Fish and Game Code sections 202 and 215 (Register 95, No. 46). 
2. Amendment of subsections (a)-(a)(3) and and amendment of Note filed 9-19-97; operative 10-19-97 (Register 97, No. 38).
3. Amendment of section heading, section and Note filed 5-3-2000; operative 5-3-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 18). 
4. Editorial correction of Note (Register 2000, No. 28).
5. Amendment of subsection (a)(2), new subsection (e) and amendment of Note filed 7-14-2000; operative 7-14-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 28).
6. Amendment filed 12-13-2004; operative 12-13-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 51).
7. Amendment of subsection (b) and Note filed 10-31-2005; operative 11-30-2005 (Register 2005, No. 44).
§180.2. Trap Destruction Devices.
Note     •     History

Pursuant to the provisions of Section 9003 of the Fish and Game Code, every trap used to take fin fish, mollusks or crustaceans shall contain at least one destruction device that complies with the specifications described in this Section. The use of any structures or materials that defeat or interfere with the purpose of the destruct device is prohibited.
(a) Escape openings.
(1) Each trap destruct device shall create an unobstructed escape opening in the top or upper half of the trap of at least 5 inches in diameter when the destruct attachment material corrodes or fails, except  for traps used under authority of a Tanner Crab Trap Vessel Permit.
(2) Traps used under authority of a Tanner Crab Trap Vessel Permit shall have an unobstructed escape opening in any sidewall or on the top of the trap; the escape opening shall not be on the floor of the trap. The opening shall measure not less than 11 inches taken at its smallest inside diameter. If the opening is non-rigid or contained within pliable mesh, the smallest inside diameter measurement shall be taken so that a rigid cylindrical measuring device 11 inches in its outside diameter and at least 6.5 inches in length shall be able to pass easily through the opening. 
(b) The escape opening on each trap must be closed with one of the following destruct attachment materials:
(1) 14 gauge (.080 + or - .003 inch) or smaller metal hog rings excluding stainless steel or other non-corrodible materials;
(2) untreated cotton twine size No. 21-thread or less, except that traps used to take Dungeness, Tanner or rock crabs are limited to a single strand of untreated cotton twine size No. 120 or less;
(3) 24 gauge (.028 + or - .003 inch) or smaller uncoated bare metal crimps excluding stainless steel or other non-corrodible materials; 
(4) magnesium pins not larger than one-quarter (.25) inch in diameter which may be used to hold together each half of plastic or fiberglass traps or may be used to attach the lid or door; or
(5) The use of rubber straps attached to metal or plastic hooks with a single loop of untreated cotton twine size No. 120 or less may be used to close the trap provided they are attached in such a manner as to aid the destruct process.  The use of any rubber strap or non-corrosive material that defeats or interferes with the purpose of the destruct panel is prohibited.
(c) [Operative until July 16, 2006] Notwithstanding subsection (a) above, traps used to take Dungeness crabs, which are constructed of wire mesh, may have up to three meshes (described as “V”s or a “W” and a “V”) that protrude into the destruct device opening provided that the points of each of these meshes are separated by at least one side (bar) of an adjoining mesh that has been removed and each of the meshes extend into the opening a distance of not more than 2 1/2 inches, as measured from the perimeter of the opening along either edge of the protruding wire mesh, to serve as an anchor for the destruct attachment material. On Dungeness crab traps constructed of wire mesh, the panel containing the destruct device and the wire mesh acting as an anchor for the destruct material must be constructed of a single wire no greater than .050 inches in diameter. This subsection shall become inoperative on July 16, 2006 and is repealed effective that date.
(c) [Operative July 16, 2006] Notwithstanding subsection (a) above, traps used to take Dungeness crabs, which are constructed of wire mesh, may have not more than a single wire mesh (described as a “V”) that protrudes into the destruct device opening provided that mesh extends into the opening a distance of not more than 2 1/2 inches, as measured from the perimeter of the opening along either edge of the protruding wire mesh, to serve as an anchor for the destruct attachment material. On Dungeness crab traps constructed of wire mesh, the panel containing the destruct device and the wire mesh acting as an anchor for the destruct material must be constructed of a single wire no greater than .050 inches in diameter. This subsection shall become operative on July 16, 2006.
NOTE

Authority cited: Sections 7090, 7708, 8500 and 9003, Fish and Game Code. Reference: Sections 7090, 8500, 9003 and 9008, Fish and Game Code. 
HISTORY

1. New section filed 9-19-85, operative 10-19-85; Register 85, No. 40)
2. Amendment to add subsections (d) and (e) filed 9-23-86, operative 10-23-86; Register 86, No. 39. 
3. Amendment filed 3-2-94; operative 4-1-94 (Register 94, No. 9).
4. Amendment of subsection (a)(2) and Note filed 11-13-95 as an emergency; operative 11-13-95 (Register 95, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-12-96 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of subsection (a)(2) and Note as they existed prior to emergency amendment that was filed 11-3-95 by operation of Government Code section 11346.1(f). Operative 3-13-96 (Register 96, No. 23). 
6. Amendment of subsection (a)(2) and Note filed 6-7-96; operative 7-7-96 (Register 96, No. 23).
7. Amendment of section and Note filed 3-4-2003; operative 4-3-2003 (Register 2003, No. 10).
8. Amendment of subsection (b)(3) and both versions of subsection (c) filed 9-18-2003; operative 10-18-2003 (Register 2003, No. 38).
9. Amendment of introductory paragraph and subsections (a)-(a)(1), new subsection (a)(2), amendment of subsections (b), (b)(2) and (b)(5) and amendment of Note  filed 3-14-2006; operative 3-14-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 11).
§180.3. Restricted Access Spot Prawn Trap Fishery.
Note     •     History

(a) Control Date. A control date of January 1, 1999, is established for the purpose of developing a restricted access spot prawn trap fishery. Only those vessels which have made at least one spot prawn landing with trap gear before this date may be considered for inclusion in the restricted access trap fishery. Additional vessels which have made landings of spot prawns with trawl gear between 1994 and 2001 also may be considered for inclusion in the restricted access spot prawn trap fishery (trawl conversion program).
(b) Permit Requirement, Classification of Permits and Permit Conditions. Effective April 1, 2002, no person shall use a vessel to land spot prawns for commercial purposes using traps authorized pursuant to Sections 8591 and 9001 of the Fish and Game Code, unless the owner of that vessel has a general trap permit, issued pursuant to Section 9001 of the Fish and Game Code, and a spot prawn trap vessel permit for that vessel that has not been suspended or revoked.
(1) Tier 1 Permits. Spot prawn trap vessel permits issued pursuant to subsection (c)(1) shall be considered as Tier 1 permits, and permitted vessels are authorized to use the number of traps specified for Tier 1 permits pursuant to Section 180.1(c), Title 14.
(2) Tier 2 Permits. Spot prawn trap vessel permits issued pursuant to subsection (c)(2) shall be considered as Tier 2 permits, and permitted vessels are authorized to use the number of traps specified for Tier 2 permits pursuant to Section 180.1(c), Title 14. Permitted vessels with Tier 2 permits may not exceed a maximum of 5000 pounds of spot prawns landed in any permit year. The revenue from any landings in excess of 5000 pounds in any permit year shall be forfeited to the department.
(3) Tier 3 Permits. Spot prawn trap vessel permits issued pursuant to subsection (c)(3) shall be considered as Tier 3 permits, and permitted vessels are authorized to use the number of traps specified for Tier 3 permits pursuant to Section 180.1(c), Title 14. Tier 3 permits shall also be known as trawl conversion permits.
(c) Initial Issuance Criteria. A spot prawn trap vessel permit for a specific tier shall be issued only to the following persons for use on qualifying vessels:
(1) Tier 1 Permits. A person who is the owner of a commercial fishing vessel that has been registered with the department pursuant to Section 7881 of the Fish and Game Code in each of the 1997-98, 1998-99, and 1999-2000 permit years, and has made landings of spot prawns utilizing traps on or before January 1, 1999, as documented by landing receipts that were delivered to the department pursuant to Section 8046 of the Fish and Game Code, and who has satisfied at least one of the following minimum vessel-based landing requirements:
(A) at least 20 landings of spot prawns, utilizing traps, in each of the calendar years 1997, 1998, and 1999;
(B) at least 2,000 pounds of spot prawns landed, utilizing traps, in each of the calendar years 1997, 1998, and 1999;
(C) at least 10,000 pounds of spot prawns landed, utilizing traps, in each of the calendar years 1998 and 1999.
(2) Tier 2 Permits.
(A) A person who is the owner of a commercial fishing vessel that has been registered with the department pursuant to Section 7881 of the Fish and Game Code in each of the 1997-98, 1998-99, and 1999-2000 permit years, and has made landings of spot prawns utilizing traps on or before January 1, 1999, as documented by landing receipts that were delivered to the department pursuant to Section 8046 of the Fish and Game Code, and who does not satisfy any of the minimum landing requirements in subsection (c)(1) and has satisfied at least one of the following minimum vessel-based landing requirements:
1. at least 10 landings of spot prawns, utilizing traps, in calendar year 1998;
2. at least 1,000 pounds of spot prawns landed, utilizing traps, in calendar year 1998. 
(B) Any individual, who has been licensed as a California commercial fisherman for at least 20 years, and who has participated in the commercial spot prawn trap fishery for at least one of those years, and who has made at least 20 landings of spot prawns, using traps, totaling at least 10,000 pounds in one of those years, shall be issued a Tier 2 permit. 
(3) Tier 3 Permits. Prawn points will be used to determine eligibility for initial issuance of Tier 3 permits. Any person who is the owner of a commercial fishing vessel that has been registered with the department pursuant to Section 7881 of the Fish and Game Code between 1994 and 2001 will receive points based on spot prawn landings made utilizing trawl gear.
(A) Points will be awarded to a vessel based on landing history between January 1, 1994 through December 31, 2001 as documented by fish landing receipts that were submitted to the department pursuant to Section 8046 of the Fish and Game Code in the vessel's name and commercial boat registration number as follows:
1. One hundred prawn points will be earned for each calendar year in which the vessel made a landing of spot prawn with trawl gear between 1994 and 2001.
2. One prawn point will be earned for every 500 pounds of spot prawn the vessel landed with trawl gear between 1994 and 2001; and
3. One prawn point will be earned for each landing of spot prawn a vessel made with trawl gear between 1994 and 2001;
(B) A vessel must have in excess of 1,000 prawn points to qualify for initial issuance of a Tier 3 permit.
(d) Capacity Goal. The commission has determined that the spot prawn trap fishery capacity goal for Tier 1 and Tier 3 permits combined shall be 17. The commission has determined that the spot prawn trap fishery capacity goal for Tier 2 permits shall be 0.
(e) Application Deadline for Initial Issuance of Spot Prawn Trap Vessel Permits. 
(1) Tier 1 and Tier 2 Permits. All applications and permit fees for initial issuance of Tier 1 and Tier 2 spot prawn trap vessel permits must be received by the department or, if mailed, must be postmarked no later than June 30, 2002. Applications for initial issuance of a spot prawn trap vessel permit received from July 1 through July 31, 2002 shall be considered late and will be assessed a late fee. Applications and monies due for the initial issuance of Tier 1 and Tier 2 spot prawn trap vessel permits not received or, if mailed, not postmarked, by July 31, 2002 shall be returned to the applicant unissued. 
(2) Tier 3 Permits. All applications (FG 1424 (new, 8/04) incorporated by reference herein) and permit fees for initial issuance of Tier 3 spot prawn trap vessel permits must be received by the department or, if mailed, must be postmarked no later than February 28, 2005. Applications for initial issuance of Tier 3 spot prawn trap vessel permits received from March 1 through March 31, 2005 shall be considered late and will be assessed a late fee pursuant to subsection (n). Applications and monies due for initial issuance of Tier 3 spot prawn trap vessel permits not received or, if mailed, not postmarked, by March 31, 2005 shall be returned to the applicant unissued.
(f) Minimum Landing Requirements for Spot Prawn Trap Vessel Permit Renewal. No minimum landings of prawns shall be required to be eligible for renewal of a spot prawn trap vessel permit. 
(g) Annual Spot Prawn Trap Vessel Permit Renewal. Applications as specified in Section 705 for renewal of a spot prawn trap vessel permit shall be received by the department, or, if mailed, postmarked, by April 30 of each year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(h) Presence of Owner on Vessel. An owner of the vessel to which the spot prawn trap vessel permit has been issued must be on the vessel when spot prawns are being taken or landed, except that one additional operator may be designated during a license year by informing the department in writing with a letter sent to the department's office in Monterey. 
(i) Revocation of Permit. A spot prawn trap vessel permit shall be revoked if the permittee submits false information for the purposes of obtaining a spot prawn trap vessel permit. 
(j) Transfer of a Spot Prawn Trap Vessel Permit to Another Vessel. A transfer of a spot prawn trap vessel permit to another vessel may be approved for use on a replacement vessel only if all of the following criteria are met: 
(1) In the form of a notarized letter, the owner of the vessel which has a valid Spot Prawn Trap Vessel Permit shall submit a request for transfer of a Spot Prawn Trap Vessel Permit to the department.
(2) The vessel owner pays the non-refundable transfer fee specified in subsection (m) to the department.
(3) Unless the vessel was lost, stolen, or destroyed, a permit may not be transferred more than once during any permit year.
(4) The spot prawn trap vessel permit for the permitted vessel is valid, and has not been suspended or revoked. 
(5) The owner of a vessel with a valid Spot Prawn Trap Vessel Permit has written authority from the legal owner and/or partners, or mortgager, of the replacement vessel, to which the permit shall be transferred, to transfer the Spot Prawn Trap Vessel Permit from the permitted vessel to the replacement vessel. 
(k) Change of Ownership of a Spot Prawn Trap Vessel Permit. 
(1) All Tier 1 spot prawn trap vessel permits shall be transferable to another person, but not more than once within any 3-year period. Upon the death of the permittee, transfer of a Tier 1 spot prawn vessel permit may be considered if the estate submits a notarized letter for the change of ownership to the department, within one year of the death of the permittee as listed on the death certificate.
(2) A change of ownership of a Tier 1 spot prawn trap vessel permit to another person may be approved only if the vessel owner submits a notarized statement for change of ownership to the department. Thereafter, upon notice to the department, the person purchasing the spot prawn trap vessel permit may use that permit for the taking and landing of spot prawns for any and all of the unexpired portion of the permit year, provided the following requirements are met: 
(A) the person purchasing the permit shall have a valid commercial fishing license issued pursuant to Section 7852 of the Fish and Game Code that has not been suspended or revoked, and a general trap permit issued pursuant to Section 9001 of the Fish and Game Code that has not been suspended or revoked.
(B) the person is the owner of a commercial fishing vessel that has been registered with the department pursuant to Section 7881 of the Fish and Game Code that has not been suspended or revoked. The person receiving the permit shall be eligible for a permit, pursuant to the provisions of this section, for the use of that vessel in subsequent years. 
(3) Notwithstanding the transfer of ownership provisions in subsection (k) for Tier 1, upon the death of a spot prawn trap vessel Tier 1 permittee the estate may apply to the department to transfer that permit to the estate. The request for transfer shall be received by the department within one year of the death of the permittee. 
(4) The vessel owner pays the non-refundable transfer fee specified in subsection (m) to the department.
(5) Tier 2 spot prawn trap vessel permits shall not be transferred to another person. Tier 2 permits shall become null and void upon death of the permit holder.
(6) Tier 3 spot prawn trap vessel permits shall not be transferred to another person. Tier 3 permits shall become null and void upon death of the permit holder.
(l) Appeals. 
(1) Any applicant who is denied initial issuance of a spot prawn trap vessel Tier 1 or Tier 2 permit for any reason may appeal that denial to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked no later than March 31, 2003. Any applicant who is denied initial issuance of a Tier 3 spot prawn trap vessel permit for any reason may appeal that denial to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked no later than September 30, 2005. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's decision 
(2) Renewal Appeals. Late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(3) Any applicant who is denied transfer of a spot prawn trap vessel permit may appeal the denial to the department in writing describing the basis for the appeal. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's decision. 
(m) Fees. 
(1) Tier 3 Initial Issuance Fee. The department shall charge a fee for each Tier 3 spot prawn trap vessel permit of $1,015.
(2) Annual Renewal Fee. The department shall charge an annual fee for each Tier 1 and Tier 2 spot prawn trap vessel permit as specified in Section 705. The department shall charge an annual renewal fee for each Tier 3 spot prawn trap vessel permit as specified in Section 705. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.
(3) Vessel Transfer Fee. The department shall charge a non-refundable fee as specified in Section 705 for each vessel transfer. 
(4) Change of Ownership Fee. The department shall charge a non-refundable fee as specified in Section 705 for each change of ownership of the spot prawn trap vessel permit. 
(5) Initial Issuance Late Fees. The department shall charge a non- refundable late fee of $50 if an application for initial issuance of a Tier 1 or Tier 2 spot prawn trap vessel permit is received from July 1 to July 31, 2002. The department shall charge a non-refundable late fee of $50 if an application for initial issuance of a Tier 3 spot prawn trap vessel permit is received from March 1 to March 31, 2005.
NOTE

Authority cited: Sections 713, 1050 and 8591, Fish and Game Code. Reference: Sections 1050, 7852.2, 8101, 8591, 8593, 8594, 8595, 9000, 9001 and 9015, Fish and Game Code.
HISTORY

1. New section filed 5-3-2000; operative 5-3-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 18). 
2. Amendment of section and Note filed 3-14-2002; operative 3-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 11).
3. Amendment of subsections (b)(2)(C), (j)(2) and (k)(1)-(2) filed 7-12-2004; operative 8-11-2004 (Register 2004, No. 29).
4. Amendment of section heading, section and Note filed 12-13-2004; operative 12-13-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 51).
5. Change without regulatory effect amending subsections (n)(1)-(n)(6) and amending Note filed 5-12-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 19).
6. Change without regulatory effect amending subsections (g) and (n)(2) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
7. Amendment of section and Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28). 
8. Amendment of subsections (g) and (m)(2)-(4) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§180.4. Finfish Trap Construction.
Note     •     History

The entrance funnels of finfish traps used in waters between Point Arguello, Santa Barbara County and Point Montara, San Mateo County, shall have a rigid inside entrance diameter of not greater than 5.00 inches. Funnels constructed of a readily deformable material such as “chicken wire” and commonly referred to as “pulled” shall have a rigid metal ring of not greater than 5.00 inches in diameter permanently affixed in each entrance funnel.
NOTE

Authority cited: Section 8587.1, Fish and Game Code. Reference: Section 8587.1, Fish and Game Code.
HISTORY

1. New section filed 12-19-2001; operative 1-18-2002 (Register 2001, No. 51).
§180.5. Trap Buoy Identification.
Note     •     History

Pursuant to the provisions of Section 9005 of the Fish and Game Code, every trap or string of traps placed in waters of the state to take fin fish, mollusks or crustaceans for commercial purposes shall be marked with a buoy. Buoys used to mark any trap or string of traps shall be clearly and distinctly marked with a buoy identification number as required by Section 9006 of the Fish and Game Code. The specified identification number shall be at least one and one-half inches in height and one-quarter inch in width. Each trap marker buoy shall bear the specified number in a color which contrasts with that of the buoy and the number shall be applied so that it is visible and legible.
NOTE

Authority cited: Sections 9003, 9005 and 9006, Fish and Game Code. Reference: Sections 9002, 9003, 9005, 9006, 9007 and 9008, Fish and Game Code.
HISTORY

1. New section filed 9-19-85; effective thirtieth day thereafter (Register 85, No. 40). 
§180.15. Coonstripe Shrimp (Pandalus danae) Fishing.
Note     •     History

(a) No person shall use a vessel to take, possess or land coonstripe shrimp for commercial purposes unless the owner of that vessel has been issued a coonstripe shrimp vessel trap permit for that vessel that has not been suspended or revoked.
(b) The applicant for a permit shall submit the fees and the completed application, as specified in Section 705, to the address listed on the application. 
(c) Coonstripe shrimp may only be taken for commercial purposes by traps pursuant to this section and sections 180, 180.2, 180.5, Title 14, CCR.
(1) Coonstripe shrimp may not be taken from November 1 through April 30.
(2) All coonstripe shrimp taken during the closed season shall immediately be returned to the water. No coonstripe shrimp shall be possessed or landed aboard any commercial fishing vessel during the closed season.
(3) Coonstripe shrimp traps may be set and baited no earlier than noon on April 30.
(4) All traps must be removed from the water prior to November 1, weather and sea conditions permitting. In the event that a permittee is unable to comply with this subsection, then the permittee must notify an officer from the department's Enforcement Branch in the nearest department office via telephone or fax not later than noon on October 31. The permittee must state the reason for the delay and the anticipated date of removal. Notification does not relieve the permittee of the responsibility for complying with this subsection unless approved by the department.
(d) A control date of November 1, 2001, is established for the purpose of considering a future restricted access coonstripe shrimp trap fishery. Landings on or after this date may not apply toward a permit in a future restricted access program for the coonstripe shrimp trap fishery if one is developed.
NOTE

Authority cited: Sections 713, 1050, 8591 and 8842, Fish and Game Code. Reference: Sections 1050, 8590, 8591, 8595, 8842, 9001 and 9015, Fish and Game Code.
HISTORY

1. New section filed 3-25-2002; operative 3-29-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 13).
2. Amendment of section and Note filed 1-17-2003; operative 2-16-2003 (Register 2003, No. 3).
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations, amending subsection (b) and Note in accordance with section 713 of the Fish and Game Code, filed 5-11-2005; operative 6-10-2005 pursuant to the Commission's instructions (Register 2005, No. 19).
4. Change without regulatory effect amending subsection (b) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
5. Amendment of subsection (b) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§181. Commercial Salmon Fishing. [Repealed]
Note     •     History

NOTE

Authority cited: Section 7710, Fish and Game Code. Reference: Section 7710, Fish and Game Code.
HISTORY

1. Expired by own terms 5-1-80 (Register 80, No. 22). For prior history, see Registers 77, Nos. 19 and 37; 78, No. 26; 79, No. 14; 79, No. 17; 79, No. 19; 79, No. 36; and 80, No. 14. 
§182. Commercial Salmon Fishing.
Note     •     History

(a) General Provisions. No person shall engage in commercial salmon fishing except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of Commerce pursuant to the Magnuson Fishery Conservation and Management Act and published in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660 are hereby incorporated and made a part of these regulations. Federal regulations shall be made available upon request from the Department of Fish and Game, Marine Region, 1416 Ninth Street, BOX 944209, Sacramento, CA 94244-2090, phone number 916-651-7670.
(b) Reporting Requirements
(1) Any person required to complete a landing receipt pursuant to FGC Section 8043 for the landing of salmon shall on the same landing receipt accurately record the total number of salmon landed in the “Note Pad” field of the landing receipt (F&G 625-D rev. 10/00), which may be found in Appendix A of these regulations.
(2) Any person who lands salmon shall keep a copy of all landing receipts documenting salmon landings on board the fishing vessel that caught the salmon until 15 days after the last salmon season closure for the calendar year.
(c) General Definitions. For purposes of these regulations, the following definitions shall apply:
(1) Closures. Taking or taking and retaining any species of salmon is prohibited. Legally caught salmon may be landed on closed areas if they meet the minimum size limit or other special requirements for the area in which they were caught and are not otherwise prohibited by these regulations.
(2) Transit Through Closed Areas. Vessels with an ocean salmon permit from any state with salmon on board shall not have fishing gear in the water while transiting any area closed to commercial salmon fishing.
(3) Size Limits and Length Measurement. All salmon on board must meet the minimum size or other special requirements for the area being fished and the area in which they are landed if that area is open. Total length is measured from the tip of the snout to the extreme tip of the tail without resorting to any force other than swinging or fanning the tail.
(4) Gear Definitions. Troll fishing gear is defined as no more than six lines that drag hooks with bait or lures behind a moving fishing vessel. Salmon may be taken only by hook and line using barbless hooks. Barbless circle hooks are required when fishing with bait by any means other than trolling.
(5) Barbless Hook Definition. A hook with a single shank and point, with no secondary point or barb curving or projecting in any other direction. Hooks manufactured with barbs can be made “barbless” by removing or completely closing the barb.
(6) Circle Hook Definition. A hook with a generally circular shape, and a point which turns inwards, pointing directly to the shank at a 90 degree angle.
(7) Trolling Definition. Angling from a boat or floating device that is making way by means of a source of power, other than drifting by means of the prevailing water current or weather conditions.
(8) Freezer Trolling Vessel. Frozen salmon may be possessed in a dressed, head-off condition, subject to the following minimum size limit: king salmon, 19-1/2” in dressed, head-off length when salmon no less than 26 inches total length may be possessed; king salmon, 20-1/4” in dressed, head-off length when salmon no less than 27 inches total length may be possessed. Dressed, head-off length is the distance measured along the lateral line between the mid-point of the clavicle and the fork of the tail.
(9) Federal Designated Routine Management Measures. Routine Management Measures, identified as catch restrictions intended to keep landings within the harvest levels announced by the Secretary of Commerce and noticed in the Federal Register by the National Marine Fisheries Service, are hereby incorporated and made a part of these regulations. Should any federal management measures conflict with existing statutes, including Fish and Game Code Sections 8210.2 and 8215, the provisions in the statutes which conflict with the federal management measures are made inoperative.
NOTE

Authority cited: Sections 7652 and 8043, Fish and Game Code. Reference: Sections 1700, 7600, 7650, 7652, 7652.1, 7652.2, 7652.3, 8046, 8210.2 and 8215, Fish and Game Code; and Title 50, Code of Federal Regulations, Part 660.
HISTORY

1. New section filed 4-30-91 as an emergency; operative 5-1-91 (Register 91, No. 24). A Certificate of Compliance must be transmitted to OAL by 8-29-91 or emergency language will be repealed by operation of law on the following day.
2. Change without regulatory effect amending subsection (f) filed 6-20-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 39).
3. Certificate of Compliance as to 4-30-91 order transmitted to OAL 8-21-91 and filed 8-29-91 (Register 92, No. 3).
4. Repealer and new section filed 4-30-92 as an emergency; operative 5-1-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 8-31-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-30-92 order including amendment of subsections (e), (f) and (h), adoption of new subsection (g) and subsection relettering transmitted to OAL 7-23-92 and filed 7-31-92 (Register 92, No. 31).
6. Repealer and new section filed 4-29-93 as an emergency; operative 5-1-93 (Register  93, No. 18). A Certificate of Compliance must be transmitted to OAL 8-30-93 or emergency language will be repealed by operation of law on the following day.
7. Repealer of subsection (g) and amendment of subsections (a), (e) and (f) filed 5-25-93 as an emergency; operative 6-1-93 (Register 93, No. 22). A Certificate of Compliance must be transmitted to OAL 9-29-93 or emergency language will be repealed by operation of law on the following day.
8. New subsections (g)-(g)(3) filed 9-3-93 as an emergency; operative 9-6-93 (Register 93, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-4-94 or emergency language will be repealed by operation of law on the following day.
9. Repealed by operation of Government Code section 11346.1(g) (Register 94, No. 16).
10. New section refiled 4-19-94 as an emergency; operative 5-1-94 (Register 94, No. 16).  A Certificate of Compliance must be transmitted to OAL by 8-29-94 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance transmitted to OAL 8-24-94 and filed 9-7-94 (Register 94, No. 36).
12. Editorial correction of History 10 (Register 94, No. 36).
13. Repealer and new section filed 4-27-95 as an emergency; operative 5-1-95 (Register 95, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-25-95 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 4-27-95 order transmitted to OAL 8-28-95 and filed 8-30-95 (Register 95, No. 35).
15. Expired by its own terms on 4-30-96 (Register 96, No. 18).
16. New section filed 5-1-96 as an emergency pursuant to Fish and Game Code section 7652; operative 5-1-96 (Register 96, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-96 or emergency language will be repealed by operation of law on the following day.
17. Editorial correction of subsections (b) and (e) (Register 96, No. 35).
18. Certificate of Compliance as to 5-1-96 order transmitted to OAL 8-26-96 and filed 8-28-96 (Register 96, No. 35).
19. Expired by its own terms on 4-30-97 (Register 97, No. 18).
20. New section filed 5-2-97; operative 5-2-97. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 97, No. 18).
21. Editorial correction amending History 16 and History 19 and adding History 20 (Register 98, No. 21).
22. Expired by its own terms on 4-30-98 (Register 98, No. 21).
23. New section filed 5-18-98; operative 5-18-98. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 98, No. 21).
24. Expired by its own terms on 4-30-99 (Register 99, No. 25).
25. New section filed 6-14-99; operative 6-14-99. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 99, No. 25).
26. Expired by its own terms on 4-30-2000 (Register 2000, No. 24).
27. New section filed 6-13-2000; operative 6-13-2000. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 2000, No. 24).
28. Repealer and new section filed 5-9-2001; operative 5-9-2001. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 2001, No. 19).
29. Amendment of subsection (a), new sections (b)-(b)(2), subsection relettering and amendment of Note filed 5-17-2006; operative 5-17-2006. Submitted to OAL for printing only (Register 2006, No. 20).
§182.1. Commercial Salmon Fishing.
Note     •     History

Under the authority of Sections 7652 and 7652.2 of the Fish and Game Code, Section 8210.2 of said Code and Section 182, Title 14, California Code of Regulations are made temporarily inoperative for the period May 1, 1988 through April 30, 1989 and the following provisions are adopted, such provisions to be effective My 1, 1988 through April 30, 1989 and on April 30, 1989 are repealed. Upon expiration of these provisions in any district or portion thereof, Section 8210.2 of the Fish and Game Code shall become effective in such districts or portions or districts.
(a) In Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, no king (chinook) salmon may be possessed that is less than 26 inches in length and no silver (coho) salmon less than 22 inches, such lengths to be measured from the tip of the snout to the extreme tip of the tail without resorting to any force other than swinging or fanning the tail. Salmon may be taken only by hook and line and there is no bag limit except as modified in subsections (g), (h), (i) and (n) of these regulations.
(b) In Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, no person shall engage in commercial salmon fishing using other than single barbless hooks. Single barbless hook means a hook with a single shank and point, with no secondary point or barb curving or projecting in any other direction. Hooks manufactured with barbs can be made “barbless” by forcing the point of the barb flat against the main part of the point.
(c) Except as prohibited under Section 8215 of the Fish and Game Code and subsection (j) of these regulations, frozen salmon may be possessed in Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, and landed in a dressed, head-off condition, subject to the following minimum size limits: king salmon, 19 1/2” in dressed, head-off length; silver salmon, 16 1/2” in dressed, head-off length. Dressed, head-off length is the distance between the mid-point of the clavicle arch and the fork of the tail measured along the lateral line.
(d) In Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, commercial salmon fishing vessels shall use no more than six troll lines at any time to drag hooks with bait or lures.
(e) In Districts 7, 10, 11, 15, 16, 17, 18, and 19, south of Point Arena (39o 00'00” N. lat.), under the authority of a commercial fishing license, all salmon species other than silver salmon, which are provided for in subsection (i), may be taken between May 1 and September 30.
(f) In District 7 between Point Arena and Cape Vizcaino (39o 43'30” N. lat.), under the authority of a commercial fishing license, all salmon species except silver salmon may be taken between May 1 and May 31. In District 7 between Point Arena and Horse Mountain (40o 5'00” N. lat.), all species other than silver salmon, which are provided for in subsection (i), may be taken from June 5 through September 30, except no commercial salmon fishing is permitted in the area on Thursdays, Fridays or Saturdays from June 9 through July 16.
(g) In District 7 between Cape Vizcaino and Horse Mountain, under the authority of a commercial fishing license, all salmon species except silver salmon may be taken from May 1 through the earlier of May 31 or the date that the Director of the California Department of Fish and Game determines that a total of 8,000 king salmon will be taken, with the following exceptions and restrictions:
(1) No commercial salmon fishing is permitted in the area on Thursdays, Fridays or Saturdays.
(2) All salmon taken or possessed in the area must be landed in the area.
(h) In District 6 and that portion of District 7 north of Punta Gorda (40o 15'30” N. lat.), under the authority of a commercial fishing license, all salmon species other than silver salmon, which are provided for in subsection (i), may be taken from June 5 through the earlier of August 31 or the date that the Regional Director of the National Marine Fisheries Service (NMFS) determines that a total of 55,500 king salmon will be taken in the commercial fishery since May 1, 1988, in the commercial fishery between Port Orford, in southern Oregon (42o 45'11” N. lat.) and Punta Gorda, with the following provisions, exceptions and clarifications:
(1) No commercial fishing is permitted in the area on Thursdays, Fridays or Saturdays, and the area is closed to all commercial salmon fishing from June 29 through July 16.
(2) On or about July 27, the Regional Director of the NMFS will determine if the commercial king salmon quota in the area through August 31 can be increased, due to a projected underage in the ocean landings of Klamath River fall king salmon in the following two ocean fisheries, through August 31: (1) the recreational fishery in the same general area and (2) the commercial fishery provided for under subsection (g) of these regulations.
(3) The commercial salmon fishing closure specified under subsection (k) of these regulations is in effect.
(i) Silver salmon may be taken for commercial purposes during the same time periods and in the same areas as commercial fishing for all other salmon species is allowed with the following clarifications and exceptions:
(1) The commercial fishing closure specified under subsection (k) of these regulations is in effect.
(2) Commercial fishing for, or possession of, silver salmon is not permitted from May 1 through May 1.
(3) Commercial fishing for silver salmon is prohibited, except as provided under subsection (n), upon the earlier date of the projected attainment of a commercial salmon fishery impact south of Cape Falcon in northern Oregon (45o 46'00” N. lat.) or Port Orford in southern Oregon of 684,700 or 100,000 fish, respectively, as determined by the Director of the NMFS.
(j) In District 6 and that portion of District 7 north of Point Arena, during all three-day closures, except for the 12-hour period immediately following the closure, no vessel may be underway at sea inside the closed area with salmon on board except if prior notification is given the nearest Coast Guard Station of intent to transport commercially-caught salmon through the closed area. Furthermore, it is unlawful for a vessel with an ocean salmon permit from any state to have troll fishing gear in the water in these districts between May 1 and October 31 during those times that commercial salmon fishing is not permitted.
(k) Notwithstanding any of the provisions of this Section, commercial salmon fishing in Districts 6 and 7 north of Punta Gorda is prohibited for three consecutive days upon attainment of 85 percent of the silver salmon quota for the commercial salmon fishery south of Cape Falcon, as determined by the Regional Director of the NMFS.
(l) Troll fishing gear is defined as one or more lines that drag hooks with bait or lures behind a moving fishing vessel.
(m) In District 6, no salmon may be taken for commercial purposes in state waters off the mouth of the Klamath River within an area bounded on the north by 41o 38'48” N. latitude (approximately 6 nautical miles north of the Klamath River mouth) and on the south by 41o 26'48” N. latitude (approximately 6 nautical miles south of the Klamath River mouth).
(n) In Districts 6 and 7 between Trinidad Head (41o 3'20” N. lat.) and Punta Gorda, under the authority of a commercial fishing license, all salmon species may be taken between September 1 and the earlier of October 31 or the date that the Regional Director of the NMFS determines that a total of 15,000 king salmon will be taken.
(o) It is unlawful for any person to fish for, or take and retain any species of salmon in Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19: i) during closed seasons or in closed areas; ii) while possessing on board any species of salmon not allowed to be taken in the area at the time, iii) once any catch limit is attained; or iv) by means of gear or methods other than troll fishing gear.
(p) All other provisions, exceptions and restrictions for commercial salmon fishing off California are described in Title 50--Code of Federal Regulations, Part 661.
NOTE

Authority cited: Sections 7652 and 7652.2, Fish and Game Code. Reference: Sections 1700, 7600, 7650, 7652 and 7652.2, and 8210.2 Fish and Game Code; Section 182, Title 14, California Code of Regulations; and Title 50, Code of Federal Regulations, Part 661.
HISTORY

1. New section filed 4-29-85 as an emergency; designated effective 5-1-85 (Register 85, No. 18). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-29-85. For prior history, see Register 85, No. 2.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 85, No. 37).
3. New section filed 8-30-85 as an emergency; effective upon filing (Register 85, No. 37). Expires by own terms on 9-30-85.
4. Expired by own terms (Register 86, No. 18).
5. New section filed 4-30-86 as an emergency; designated effective 5-1-86 (Register 86, No. 18). Expires by own terms on 9-30-86.
6. Section refiled 8-29-86 as an emergency; effective upon filing (Register 86, No. 35). Expires by own terms on 9-30-86.
7. Expired by own terms on 9-30-86 (Register 87, No. 16).
8. New section filed as an emergency 4-15-87; operative upon filing (Register 87, No. 16). Expires by own terms on 9-30-87.
9. Certificate of Compliance transmitted to OAL 8-10-87 and filed 9-2-87 (Register 87, No. 36).
10. Expired by own terms on 9-30-87 (Register 88, No. 18).
11. New section filed 4-29-88 as an emergency; operative 5-1-88 (Register 88, No. 18). Expires by own terms on 4-30-89.
12. Certificate of Compliance filed 8-25-88 (Register 88, No. 39). 
§183. Commercial Salmon Vessel Permit.
Note     •     History

The annual fee for a commercial salmon vessel permit, created pursuant to Section 8235 of the Fish and Game Code, shall be $32.00 and shall be valid from April 1 through March 31 of the following year.
NOTE

Authority cited: Sections 713 and 8235, Fish and Game Code. Reference: Section 8235, Fish and Game Code.
HISTORY

1. New section filed 2-18-83; effective thirtieth day thereafter (Register 83, No. 8). For prior history, see Register 81, No. 47. 
2. Change without regulatory effect amending section and Note filed 8-24-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
3. Change without regulatory effect amending section and Note filed 11-2-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 44).
§185. Commercial Take, Possession, Purchase, Sale, Transport, Export or Import of Native Reptiles and Amphibians.
Note     •     History

NOTE

Authority cited: Sections 5061 and 6896, Fish and Game Code. Reference: Sections 5061 and 6896, Fish and Game Code.
HISTORY

1. New section filed 7-31-75; effective thirtieth day thereafter (Register 75, No. 31).
2. Amendment of subsections (a)(1), (b)(1) and (g), and new subsection (h) filed 12-9-75; effective thirtieth day thereafter (Register 75, No. 50).
3. Amendment filed 2-22-78 as an emergency; effective upon filing. Certificate of Compliance included (Register 78, No. 8).
4. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
5. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
6. New subsection (d) filed 10-1-82; effective thirtieth day thereafter (Register 82, No. 40).
7. Amendment filed 1-20-87; effective upon filing pursuant to Fish and Game Code section 215 (Register 87, No.4).
8. Amendment of subsections (c) and (d) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
9. Repealer of subsections (a)-(f) and new subsections (a)-(d) filed 4-23-92; operative 5-25-92 (Register 92, No. 20).
10. Repealer filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
§185.5. Captive Propagation of Native Reptiles and Amphibians for Commercial Purposes.
Note     •     History

NOTE

Authority cited: Sections 5061 and 6896, Fish and Game Code. Reference: Sections 5061 and 6896, Fish and Game Code.
HISTORY

1. New section filed 4-23-92; operative 5-25-92 (Register 92, No. 20).
2. Repealer of section and forms filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
§186. Commercial Take and Use of Frogs for Human Consumption.
Note     •     History

NOTE

Authority cited: Sections 6851 and 15005, Fish and Game Code. Reference: Sections 6850-6885, 15000 and 15005, Fish and Game Code.
HISTORY

1. New section filed 3-17-76; effective thirtieth day thereafter (Register 76, No. 12).
2. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
3. Amendment filed 4-1-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 14). 
4. Repealer filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 37).
§187. Weight in the Round Conversion Factors for Swordfish, Salmon, Angel Shark, Bonito Shark, Thresher Shark, and Tanner Crab.
Note     •     History

For purposes of computing the appropriate landing tax, pursuant to Sections 8042 and 8051 of the Fish and Game Code, the following weight conversion factors must be used by those persons and businesses responsible for remitting such landing taxes as required under Division 6, Part 3, Chapter 1, Article 7.5 of the Fish and Game Code.
(a) Salmon, 110% of the weight landed.
(b) Swordfish, 145% of the weight landed.
(c) Angel shark, 200% of the weight landed.
(d) Bonito shark, 145% of the weight landed.
(e) Thresher shark, 170% of the weight landed.
(f) Tanner crab (Chionecetes spp.), 161% of the weight landed.
NOTE

Authority cited: Section 8042, Fish and Game Code. Reference: Sections 8040, 8041, 8042 and 8051, Fish and Game Code.
HISTORY

1. New section filed 10-1-86 as an emergency; operative 10-1-86 (Register 86, No. 40). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-29-87.
2. Order of Repeal of 10-1-86 emergency order pursuant to Government Code Section 11349.6 (Register 87, No. 7).
3. Editorial correction deleting text of Section 187 which inadvertently remained in print during production of Register 87, No.7 (Register 87, No. 27).
4. New section filed 1-5-88; operative 2-4-88 (Register 88, No. 15).
5. Amendment of section heading and new subsection (f) filed 3-28-2006; operative 3-28-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 13). 
§188. Marine Aquaria Receiver's License.
Note     •     History

NOTE

Authority cited: Section 8033.2, Fish and Game Code. Reference: Sections 8043.1 and 8596-8598.6, Fish and Game Code.
HISTORY

1. New section filed 12-7-92 as an emergency; operative 12-7-92 (Register 92, No. 50). A Certificate of Compliance must be transmitted to OAL 4-5-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-29-93 as an emergency; operative 12-29-93 (Register 93, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-28-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-29-93 order transmitted  with amendment of Note to OAL 4-13-94 and filed 5-23-94 (Register 94, No. 21).
4. Change without regulatory effect repealing section filed 8-24-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§189. Commercial Groundfish Fishing.
Note     •     History

(a) General Provisions. No person shall engage in commercial groundfish fishing except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of Commerce pursuant to the Magnuson Fishery Conservation and Management Act and published in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660 are hereby incorporated and made a part of these regulations. Federal regulations shall be made available upon request from the Department of Fish and Game, Marine Region, 1416 Ninth Street, BOX 944209, Sacramento, CA 94244-2090, phone number 916-653-6281.
(b) General Definitions. For the purposes of these regulations, the following definitions shall apply:
(1) Land or Landing. The transfer of fish from a fishing vessel. Once offloading begins, all fish aboard the vessel are counted as part of the landing.
(2) Closure. Taking and retaining, possessing, or landing the particular species or species group is prohibited. Unless otherwise announced in the Federal Register, offloading must begin before the time the fishery closes.
(3) Sorting. It is unlawful for any person to fail to sort prior to the first weighting after offloading, those groundfish species or species groups for which there is a trip limit, size limit, quota, or optimum yield, if the vessel fished or landed in an area during a time when such trip limit, size limit, quota, or optimum yield applied. This provision applies to both the limited entry and open access fisheries.
(4) Trip Limits. Trip limits specify the amount of fish that a vessel may legally land per fishing trip or cumulatively per unit of time or the number of landings of fish that may be made by a vessel in a given period of time.
(A) Daily Trip Limit. Daily trip limit is the maximum amount of groundfish that may be taken and retained, possessed, or landed per vessel in 24 consecutive hours, starting at 0001 hours local time. Only one landing of groundfish shall be made in that 24-hour period. Daily trip limits shall not be accumulated during multiple day trips.
(B) Cumulative Trip Limit. Cumulative trip limit is the maximum amount of groundfish that may be taken and retained, possessed, or landed per vessel in a cumulative fishing period, without a limit on the number of landings or trips.
(5) Size Limits and Length Measurement. Total length is measured from the tip of the snout (mouth closed) to the tip of the tail (pinched together) without mutilation of the fish or the use of additional force to extend the length of the fish.
(6) Limited Entry Fishery. Limited entry fishery includes vessels using trawl gear, longline, and trap (or pot) gear fished pursuant to the harvest guidelines, quotas, and other management measures governing the limited entry fishing. Limited entry gear includes only longline, trap (or pot) or trawl gear used under the authorization of a valid limited entry permit.
(7) Open Access Fishery. Open access fishery includes vessels using exempted gear, and longline and trap (or pot) gear fished pursuant to the harvest guidelines, quotas, and other management measures governing open access fishing. Exempted gear includes all types of fishing gear except longline, trap (or pot), and groundfish trawl gear, and includes trawl gear used to take pink shrimp, and spot and ridgeback prawns, and south of 38o 57'30” N (Point Arena), California halibut and sea cucumber. A State of California limited entry permit is required for the take of sea cucumbers. 
(8) Federally Designated Routine Management Measures. Routine Management Measures, identified as catch restrictions intended to keep landings within the harvest levels announced by the Secretary of Commerce and noticed in the Federal Register by the National Marine Fisheries Service, and hereby incorporated and made a part of these regulations. Should any federal management measures conflict with existing statutes, including Fish and Game Code Sections 8496 and 8842(b), or regulations of the commission, the provisions in the statutes or regulations which conflict with the federal management measures are made inoperative.
NOTE

Authority cited: Section 7652, Fish and Game Code. Reference: Sections 7652, 7652.2, and 8607, Fish and Game Code.
HISTORY

1. New section filed 5-1-96 as an emergency; operative 5-1-96 (Register 96, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 96, No. 37).
3. Editorial correction of subsections (c)(4), (d)(1)(E) and (d)(2)(A)1. and History 1 (Register 96, No. 40).
4. Certificate of Compliance as to 5-1-96 order transmitted to OAL 8-29-96 and filed 10-1-96 (Register 96, No. 40).
5. Amendment filed 10-10-97; operative 10-10-97. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 97, No. 41).
6. Amendment filed 9-17-98; operative 9-17-98 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 98, No. 38).
7. Amendment filed 5-26-99; operative 5-26-99. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 99, No. 22).
8. Amendment of subsection (a) filed 9-18-2000; operative 10-18-2000. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 2000, No. 38).
Chapter 6.5. Fishing Activity Records
§190. Fishing Activity Records.
Note     •     History

Pursuant to Sections 7923 and 8026, Fish and Game Code, the owner and operator of a commercial fishing vessel or the holder of a commercial fishing license or permit participating in specified fisheries, and the owner and license holder of a commercial passenger fishing vessel shall keep and submit a complete and accurate record of fishing activities.
(a) Fishing activity records shall be kept on forms provided by the department.
(b) Fishing activity records shall be kept on the vessel while it is engaged in, or returning from, fishing operations and shall be completed before the end of a trip, at the time of sale of the catch or at the end of each day's fishing.
(c) Fishing activity records shall be delivered to the department at 4665 Lampson Avenue, Suite C, Los Alamitos, CA 90720, or such other department office as may be specified in regulation on or before the 10th day of each month following the month to which the records pertain. Fishing activity records that are mailed shall be postmarked on or before the 10th day of each month following the month to which the records pertain.
(d) Failure to keep and submit required records of fishing activity may result in revocation or suspension  (including non-renewal) of the license or permit for the taking of all fish or for the particular species for which the records are required, by the Department, for a period not to exceed one year. Any revocation, suspension or nonrenewal may be appealed to the Commission.
(e) All fishing activity records shall be deemed confidential upon receipt by the Department.
NOTE

Authority cited: Sections 7923 and 8026, Fish and Game Code. Reference: Sections 7923 and 8026, Fish and Game Code.
HISTORY

1. New chapter 6.5 (section 190) filed 12-8-89; operative 1-1-90 (Register 89, No. 50). 
2. Amendment of subsection (d) filed 9-11-92; operative 10-12-92 (Register 92, No. 37).
3. Editorial correction of subsection (d) (Register 95, No. 4).
4. Amendment of subsection (d) filed 1-25-95; operative 2-24-95 (Register 95, No. 4).
5. Amendment of subsection (c) filed 10-6-2003; operative 11-5-2003 (Register 2003, No. 41).
§191. Far Offshore Longline Logbook.
Note     •     History

NOTE

Authority cited: Sections 7701, 7708 and 8026, Fish and Game Code. Reference cited: Section 8026, Fish and Game Code.
HISTORY

1. New section filed 9-14-94; operative 10-14-94 (Register 94, No. 37).
2. Repealer filed 11-22-99; operative 11-22-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 48). 
§195. Report of Fish Taken To Be Made by Owner of Barge or Vessel for Hire, and Boat Limits.
Note     •     History

(a) Records required by Sections 7923 and 8026 of the Fish and Game Code shall be made on a form provided by the department (Skipper's Log Book-Marine Sportfishing -- Southern California F&G 656 and Skipper's Log Book-Marine Sportfishing Central and Northern California F&G 623, DFG 195, which is incorporated by reference, and hereafter referred to as logbook for purposes of this section). The logbook shall include the following information and be completed and available for inspection as specified in this section: 
(1) A full and correct record of fish taken, including species or specified species groups, filled out before the trip is completed (see Section 190(b) of Title 14, CCR). The names used for designating the species of fish shall be those in common usage unless otherwise designated by the department. 
(2) The owner/operator copy of the logbook shall be maintained and kept on the vessel for a period of one year, and upon request, shall be made available for inspection by any authorized representative of the Department. 
(3) The numbered logbook shall be completed sequentially. A voided log shall have the word “Void” plainly and noticeably written on the face of the log. 
(b) The owner(s) and/or operator(s) of each vessel required to obtain a license under Section 7920 of the Fish and Game Code shall post a notice in a prominent place on the vessel giving information to fishermen on license requirements, bag limits, and other pertinent information. This notice shall be furnished by the department.
(c) Both the vessel owner(s) and/or operator(s) shall be responsible for keeping accurate records and insuring the vessel is in compliance with subsections (a) and (b) above.
(d) All fishing activity records are confidential pursuant to Fish and Game Code Sections 7923 and 8022 and Government Code Sections 6276 and 6276.10. 
(e) Boat Limits: When two or more persons licensed or otherwise authorized to sport fish in ocean waters off California or in the San Francisco Bay District, as defined in Section 27.00, are angling for finfish in these waters aboard a vessel licensed under Section 7920, fishing by these persons (to include vessel operator(s) and crew members where licensed to sportfish under their own individual limits) may continue until the passenger's boat limits of those finfish are taken and possessed aboard the vessel as authorized under this section. 
(1) For purposes of this section, the vessel operator(s) and crew members are not passengers and may not take fish towards obtaining boat limits for passengers except for casting, setting trolling gear, gaffing or netting fish, but may take fish during a fishing trip for their personal use only. Vessel operator(s) and crew members may assist passengers in other activities including, but not limited to, obtaining bait, chumming, baiting and untangling hooks and lines, identifying, dispatching, filleting, counting, bagging and otherwise handling fish taken by passengers. Upon completion of a fishing trip, the vessel operator(s) and crew members may only possess fish that are part of the own personal bag limit not to exceed authorized sportfishing daily bag and possession limits. 
(2) Fish taken by operator(s) and crew members for personal use pursuant to (e)(1) above must be separated from fish taken under a boat limit and labeled in a manner that they can be identified as an individual operator's or crew members fish. Operator(s) and crew members are also prohibited from giving all or part of their individual limit to any passenger during or after a trip. 
(3) The authorization for boat limits aboard a vessel does not apply to fishing trips originating in California where fish are taken in other jurisdictions. 
(4) A boat limit for a species or species group is equal to the number of passengers aboard the vessel that are licensed or otherwise authorized to sport fish in ocean waters off California or in the San Francisco Bay District multiplied by the individual daily bag limit authorized for a species or species group. For purposes of this section, the number of passengers shall not include the vessel operator(s) and crew members. It is unlawful to exceed the boat limit at any time. 
(5) Prior to the departure on a fishing trip of a vessel that is operating under authority of a license issued pursuant to Fish and Game Code Section 7920, the number of fishers, to include passengers, guests, operators and crew who will be fishing, shall be recorded under “number of fishers” on the logbook for that trip. In addition, the number of vessel operator(s) and crew members who will fish for that trip shall be recorded in the space to the right of the operator's signature on the logbook. 
(6) Upon completion of a sport fishing trip aboard a vessel reporting under this section, each licensed or otherwise authorized angler may not possess more than the daily bag and possession limits. For the purposes of this section, a fishing trip is completed at the time a person disembarks from the vessel and individual possession limits apply. 
(7) Species for which no daily bag limit exists are not included in the boat limit. 
(f) Where boat limits are provided for in this section, the vessel operator(s) and crew members may be cited for violations occurring aboard the vessel, including but not limited to violations of the following: 
(A) Overlimits 
(B) Possession of prohibited species 
(C) Minimum size limits 
(D) Fish taken out of season or in closed areas 
(g) Boat limits are not authorized for sturgeon fishing and shall not apply to the take, possession or retention of sturgeon.
NOTE

Authority cited: Sections 7071, 7923 and 8587.1, Fish and Game Code. Reference: Sections 7923 and 8587.1, Fish and Game Code.
HISTORY

1. Renumbering and amendment of former Section 225.7 to Section 195 filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
2. Amendment of section heading, new subsection (e) and amendment of Note filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10). 
3. Repealer of subsection (e) filed 9-12-2002 as an emergency; operative 9-12-2002 (Register 2002, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-10-2003 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 9-12-2002 emergency amendment by operation of Government Code section 11346.1(f) (Register 2003, No. 9).
5. Repealer of subsection (e) filed 2-27-2003; operative 2-27-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
6. Amendment of section heading and section filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9). 
7. Change without regulatory effect amending subsection (e)(5) filed 12-7-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 50).
8. New subsection (g) filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
9. Amendment of subsections (a)(1), (e), (e)(4) and (e)(6)-(7) filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
Chapter 7. Capture, Transportation, Possession, and Sale of Freshwater Fish for Bait for Profit
§200. Application Procedure for Live Freshwater Bait Fish License.
Note     •     History

Application for live freshwater bait fish license shall be made on the departmental form and submitted with the statutory fee to one of the department's regional offices (Redding, Rancho Cordova, Yountville, Fresno and Long Beach).
NOTE

Authority cited: Sections 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code.
HISTORY

1. New Sections 200 through 200.17 filed 5-6-58; designated effective 1-2-59 (Register 58, No. 8). (For history of former Section 200, see Register 58, No. 8.)
2. Renumbering of Chapter 5 to Chapter 7 filed 1-16-74; designated effective 3-1-74 (Register 74, No. 3).
3. Amendment of Chapter title filed 12-31-80; effective thirtieth day thereafter (Register 81, No. 1).
4. Editorial correction (Register 81, No. 4).
5. Repealer of Chapter 7 (Sections 200-200.30, not consecutive) and new Chapter 7 (Sections 200-200.31, not consecutive) filed 11-5-81; effective thirtieth day thereafter (Register 81, No. 45). For prior history, see Registers 78, No. 24; 75, No. 27; 75, No. 23; 69, No. 51; 69, No. 8; 68, No. 48; 65, No. 11; 63, No. 2; 60, No. 9; 59, No. 18; 59, No. 5; and 58, No. 15. 
§200.10. Sale and Transfer of Live Freshwater Bait Fish License.
Note     •     History

Live freshwater bait fish licenses shall not be resold or transferred.
NOTE

Authority cited: Sections 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code.
HISTORY

1. Editorial correction of printing error in first paragraph (Register 91, No. 31).
§200.11. Requirements for Obtaining Live Freshwater Bait Fish License.
Note

A live freshwater bait fish license shall not be issued unless the application contains a statement signed by the applicant stating that he has read, understands, and agrees to be bound by these regulations and by all the terms of the license.
NOTE

Authority cited: Sections 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code. 
§200.12. Live Freshwater Bait Fish License for Retail Live Bait Outlets.
Note     •     History

A live freshwater bait fish license is required for each live bait outlet and the specific location must be shown on the license. Such license is required in order to possess or sell live freshwater fin fish, live waterdogs (as defined in subsection 200.31(c)) and live freshwater crayfish for use as bait in inland waters.
NOTE

Authority cited: Sections 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code.
HISTORY

1. Amendment filed 1-20-87; effective upon filing pursuant to Fish and Game Code section 215 (Register 87, No. 4). 
2. Amendment filed 4-23-92; operative 5-25-92 (Register 92, No. 20).
§200.13. Species Which Live Freshwater Bait Fish Licensees May Possess or Sell.
Note     •     History

Except as provided below, a live freshwater bait fish licensee may possess or sell live only those legally acquired bait species approved for use by sport fishermen in the sport fishing district or portions of sport fishing district in which the licensee is located (see sections 4.10 through 4.30). Licensees located in districts adjacent to ocean waters and within five miles of ocean waters may possess and sell live bait species which may be used in ocean districts.
Bait fish licensees located within a one-mile wide land zone around Lake Tahoe may possess and sell only those species of fin fish which sport fishermen may take directly from Lake Tahoe and use for bait in Lake Tahoe. Such fish shall not be transported from this Lake Tahoe zone.
NOTE

Authority cited: Sections 8437, 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code. 
HISTORY

1. Amendment of first paragraph filed 12-22-98; operative 12-22-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 52).
§200.14. Importation of Freshwater Bait Fish into the Colorado River District.
Note     •     History

NOTE

Authority cited: Sections 2120, 2122, 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 2000-2002, 2013, 2120-2122, 2271, 2301, 2302, 6300, 6301, 6303, 6306, 6401, 8437, 8460-8463, 8490 and 8491, Fish and Game Code.
HISTORY

1. Repealer filed 7-25-88; operative 7-25-88 (Register 88,No. 32). 
§200.29. Sources of Live Freshwater Bait Fish for Commercial Purposes.
Note     •     History

(a) Sources of live fin fish for bait are limited to the following:
(1) Fish reared by a registered aquaculturist.
(2) The following species taken under the authority of a commercial fishing license:
(A) Longjaw mudsucker (Gillichthys mirabilis)
(B) Staghorn sculpin (Leptocottus armatus)
(C) Yellowfin gobies
(3) Bait fish licensees located within a one-mile wide landzone around Lake Tahoe may take from Lake Tahoe only those species of fin fish which sport fishermen may take directly from Lake Tahoe and use for bait in Lake Tahoe.
(b) Freshwater clams and freshwater crayfish for live bait purposes may be taken only under the authority of a live freshwater bait fish license. Crayfish taken for live bait purposes shall be taken pursuant to Section 116, Title 14, CAC.
(c) Sources of live waterdogs for bait are limited to the following:
(1) Waterdogs reared by registered aquaculturists.
(2) Waterdogs imported from any other state.
(3) Waterdogs may not be taken from the wild for commercial or bait purposes in California except with written authorization from the Department.
NOTE

Authority cited: Sections 2120, 2122, 8437, 8460, 8462, 8491 and 15005-15006, Fish and Game Code. Reference: Sections 2000-2002, 2013, 2120-2122, 2270-2272, 6300, 6301, 6303, 6306, 6401, 8437, 8460-8463, 8490, 8491, 15005, 15006 and 15101, Fish and Game Code.
HISTORY

1. Editorial correction of subsection (a)(2) filed 2-11-83 (Register 83, No. 7).
2. Amendment of subsection (a)(1) filed 4-1-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 14).
3. New subsection (c) filed 1-20-87; effective upon filing pursuant to Fish and Game Code Section 215 (Register 87, No.4). 
4. Amendment of subsection (a)(2)(C) filed 12-22-98; operative 12-22-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 52).
§200.31. Species Prohibited for the Purpose of Commercial Bait Sales.
Note     •     History

The following species are prohibited for the purpose of commercial bait sales:
(a) Yellowfin gobies, except that yellowfin gobies may be sold as bait only in those areas within the Valley District described in Section 4.20(a)(4)(A), (B) and (C) of these regulations.
(b) Tilapia, except that tilapia may be sold as bait only in that area of the Colorado River District bounded by Highway 111 on the north and east and Highway 86 on the west and south.
(c) Salamanders, except for waterdogs (exotic subspecies of the tiger salamander, Ambystoma tigrinum ssp.). No waterdogs 3 inches or less in length may be sold as bait.
NOTE

Authority cited: Sections 8437, 8460 and 8462, Fish and Game Code. Reference: Sections 8437, 8460-8463 and 8490, Fish and Game Code.
HISTORY

1. Amendment of subsection (a) filed 11-1-82 as an emergency; effective upon filing (Register 82, No. 45). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-1-83.
2. Certificate of Compliance including editorial correction of NOTE filed 2-14-83 (Register 83, No. 7).
3. New subsection (b) filed 2-19-85; effective thirtieth day thereafter (Register 85, No. 8).
4. New subsection (c) filed 1-20-87; effective upon filing pursuant to Fish and Game Code section 215 (Register 87, No. 4). 
5. Amendment of subsection (c) filed 4-23-92; operative 5-25-92 (Register 92, No. 20).
6. Amendment of subsection (a) filed 12-22-98; operative 12-22-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 52).
Chapter 8. Miscellaneous
§225. Use of Explosives in State Waters.
Note     •     History

Explosives may not be used in the waters of this state inhabited by fish except under a permit issued by the department pursuant to the provisions of this section. The permit fee shall be $100.
(a) Requests for permits to use explosives in state waters shall be made to the department. Requests for renewal, supplemental action, or amendments shall be made to the department.
(b) Permits shall be issued in such a manner as will result in a minimum destruction to marine life and fisheries.
(c) No explosives shall be used for seismic exploration except the following:
(1) Deflagrating explosives, such as black powder, or any other “low” explosive which in the opinion of the department is equivalent to it. For exploding black powder, no more than one (1) electric blasting cap and one (1) length of detonating fuse not to exceed six (6) feet in length or of greater strength than fifty (50) grains of explosive per foot, shall be used  for each container. Means for exploding deflagrating explosives other than black powder are subject to approval of the department. The amount of deflagrating explosives to be used at each shot point shall not exceed ninety (90) pounds.
(2) Detonating explosives, such as nitro-carbo-nitrate, or any other “high” explosive which in the opinion of the department is equivalent to it. For exploding detonating explosives of the nitro-carbo-nitrate type, no more than one (1) electric blasting cap and one (1) commercial booster shall be used for each container. Means for exploding detonating explosives other than nitro-carbo-nitrate are subject to approval of the department. The amount of detonating explosives to be used at each shot point in waters of less than two hundred (200) feet in depth shall not exceed five (5) pounds. The amount of detonating explosives to be used at each shot point in waters of greater depth than two hundred (200) feet shall not exceed twenty (20) pounds.
No unjetted explosive charges shall be detonated within one-half (1/2) mile of any breakwater, jetty, pier, or anchored fishing boat or barge. No explosive charges shall be detonated in a kelp bed as designated by the department observer or within three hundred (300) feet of the fringe thereof, or within one-half (1/2) mile of the mouth of any stream when the department observer finds that a concentration of fish may be endangered.
(d) An employee of the Department of Fish and Game shall accompany the boat or crew which is conducting the seismic exploratory work. This observer shall have the authority to stop operations in any given area if, in his opinion, undue damage to marine life occurs, or to stop temporarily or slow up operations until the observer can clearly determine the amount of animals killed. Operations also may be temporarily suspended when in opinion of observer, after consultation with party chief, it is determined that weather conditions make further operations unsafe for personnel and equipment or when equipment breakdowns result in unsatisfactory observations of marine life.
A boat and crew, satisfactory to the department, shall be provided for the observer at all times and during operations shall not be used for any other purpose. One of the crew members must be competent in the operation of the communication and fish-detecting devices described below. Radio-telephone communications between the observer boat and the operating boat shall be maintained at all times when explosives are being detonated. A recording depth-indicator and a modern-type of sonar or fish-detecting device satisfactory to the department shall be provided for the observer boat. The observer boat shall carry, and the crew shall help operate such gear and equipment for determining damage to marine life as the observer shall furnish, and permittee shall meet any expense of gear rental or operation that may be incurred. The observer boat and all equipment, including communication and fish-detecting devices, must be kept in good working condition at all times.
(e) The applicant of a permit for seismic exploration shall defray the cost of such observer's services and all administrative and incidental costs by payment to the Department of Fish and Game, Sacramento, California, for the benefit of the Fish and Game Preservation Fund the minimum deposit of seven hundred fifty dollars ($750) per survey crew for each month for which a permit is requested, said month commencing the date on which said permit becomes effective, whether operations are commenced on that date or not. A similar minimum deposit of seven hundred fifty dollars ($750) per month shall be made fifteen (15) days prior to the addition of every crew not specified in original application for permit.
This sum shall be paid as follows:
(1) The minimum payment due prior to issuance or a renewal of a permit shall be seven hundred fifty dollars ($750) for each month or fraction of a month covered by the permit, and shall accompany the application.
(2) Expenses as they accrue to the department shall be charged against this minimum deposit.
(3) At the expiration of the permit, the cancellation of operations, or the denial of the application, any sum remaining over and above those expenses incurred by the department shall be refunded within thirty (30) days.
(4) Any expenses incurred by the department in connection with the permit over and above the minimum deposits shall be due and payable upon billing by the department.
(5) Any temporary cessation of seismic operations of thirty (30) days or less shall be considered as an expense to the department in the amount of the observer's monthly salary and associated administrative costs.
(f) Before beginning any day's seismic exploration operations, permission to detonate must be obtained from the observer and such permission must also be obtained during the day if the observer has temporarily stopped work due to excessive damage to marine life.
(g) All fish of edible size which may be killed during seismic exploration operations shall be picked up by the operating crew, and arrangements made by the permittee for their disposal subject to approval of the department. If sold any money received from such sale shall be paid into the Fish and Game Preservation Fund. When in the judgment of the observer an excessive amount of fish has been killed and washed onto any shore in such quantities as to endanger public health or create a nuisance, the permittee shall immediately gather up and dispose of such fish in a manner satisfactory to the observer.
(h) Anyone applying for or holding a permit for seismic exploration shall notify the Sacramento Headquarters Office of the Department of Fish and Game, or the office designated in the permit, in writing not less than fifteen (15) days before beginning operations or before adding a survey crew, and not less than five (5) days before transferring a crew between permits held by the same permittee. Notification of intention to terminate operations or to suspend operations more than thirty (30) days shall also be given in writing not less than fifteen (15) days in advance of such termination. Copies of all notices and reports shall be sent to the Sacramento Headquarters Office. At least twenty-four (24) hours before commencing operations within three (3) miles of shore, or in any new area whose boundaries shall be defined in the permit, where he has not operated during the preceding one (1) month, the permittee shall discuss the forthcoming operations with the department at Sacramento Headquarters or other office as designated in the permit.
(i) On the fifteenth and last days of each month of seismic operation, the permittee shall submit a report of dates, location, and number of detonations made in the preceding period. A report shall be submitted for each permit for each half-month period whether operations were actually conducted or not. The report shall include the species and weight of edible fish disposed of, as provided in paragraph (g), and the name of the recipient. Reports shall be submitted in duplicate in the manner provided for above in (h).
(j) All permits for seismic exploration shall be issued for a period of not to exceed six (6) months, but may be renewed from time to time thereafter, for such periods not to exceed six (6) months at a time, as the department may approve. Separate permits are required for: (1) the ocean waters; (2) each inland water operation regardless of location.
(k) Every permittee shall post a copy of said permit for seismic exploration in a conspicuous place aboard the main survey vessel where it can be inspected by the observer and survey crew at any time.
(l) No permit granted pursuant to these regulations for seismic exploration shall be valid or exercised unless at the same time the permittee has a permit in full force and effect issued by the State Lands Commission of California and authorizing such seismic operations.
(m) Any permit issued pursuant to these regulations for seismic exploration may be canceled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction.
(n) A permit to use explosives in state waters inhabited by fish for other than seismic exploration shall be issued under the following conditions to ensure that the state's aquatic resources are protected (the granting or denial of a permit may be appealed pursuant to section 5500 of the Fish and Game Code):
(1) The permittee shall abide by all terms and conditions as set forth in the permit.
(2) The department may require that a department observer be present during the use of explosives in state waters. The permittee shall, at the department's request, reimburse the department for expenses incurred for an observer including, but not limited to, time, mileage and other expenses, at a rate to be determined by the department. Reimbursement to be paid into the Fish and Game Preservation Fund.
(3) The permittee may be required to provide a boat, operator and fish detecting instruments.
(4) An observer may, when there is a threat to the resource, cancel or delay the use of explosives in state waters.
NOTE

Authority and reference cited: Section 5500, Fish and Game Code.
HISTORY

1. Renumbered from former section 751 (Register 59, No. 9). For history of former section, see Register 57, No. 9.
2. Amendment filed 2-2-61; effective thirtieth day thereafter (Register 61, No. 3).
3. Amendment filed 1-26-62; effective thirtieth day thereafter (Register 62, No. 2).
4. Amendment filed 7-5-62; effective thirtieth day thereafter (Register 62, No. 13).
5. Renumbering of chapter 6 to chapter 8 filed 1-16-74; designated effective 3-1-74 (Register 74, No. 3).
6. Amendment of NOTE filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
7. Amendment filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
8. Amendment filed 11-13-86; effective thirtieth day thereafter (Register 86, No. 46).
9. Amendment of undesignated introductory paragraph filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
§225.1. Use of Explosives for Blasting or Special Purposes.
Note     •     History

Under the authority of this section, any person may use explosives in the waters of this State for any lawful and valid purpose, other than the taking of animal life, whenever the amount of the charge is not more than one blasting cap or its equivalent. Also exempted are such explosives designated by the State Fire Marshal as agricultural and wildlife fireworks, according to Part 2, Div. 11, Section 12508 of the Health and Safety Code.
Anchors propelled into the ocean floor by explosives charges are emergency devices and do not require a permit.
NOTE

Authority cited: Section 5500, Fish and Game Code. Reference: Section 5500, Fish and Game Code; and Section 12508, Health and Safety Code.
HISTORY

1. New section filed 1-30-63; effective thirtieth day thereafter (Register 63, No. 2).
2. Editorial Correction (Register 81, No. 38).
3. Amendment of NOTE filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
4. Amendment filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38). 
§225.5. Streams, Artificial Barriers.
Note     •     History

Pursuant to the provisions of Section 5948 of the Fish and Game Code, the following shall constitute a log jam or debris accumulation or other artificial barrier preventing the passage of fish up and down stream or which is deleterious to fish:
(a) Any log jam or debris accumulation which has no well-defined channel through which all fish may pass upstream or downstream at any time without delay;
(b) Any log jam or debris accumulation in any stream which reduces the dissolved oxygen content below five parts of oxygen to one million parts of water, or causes any other condition toxic to fish or aquatic life.
NOTE

Authority and reference cited: Section 5948, Fish and Game Code.
HISTORY

1. New Section 755 filed 12-23-54; effective thirtieth day thereafter (Register 54, No. 27).
2. Renumbered from former Section 755 (Register 59, No. 9).
3. Amendment filed 4-21-60; effective thirtieth day thereafter (Register 60, No. 9).
4. Amendment of NOTE filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41). 
§225.7. Report of Fish Taken, to Be Made by Owner of Barge or Vessel for Hire.
Note     •     History

NOTE

Authority and reference cited: Sections 7122 and 7923, Fish and Game Code.
HISTORY

1. Originally published 3-31-45 as Section 750 (Title 14).
2. Renumbered from former Section 750 (Register 59, No. 9). For history of former section, see Register 54, No. 13.
3. Amendment filed 4-21-60; effective thirtieth day thereafter (Register 60, No. 9).
4. Amendment filed 10-11-60; effective thirtieth day thereafter (Register 60, No. 12).
5. Amendment of NOTE filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41). 
6. Renumbering and amendment of former Section 225.7 to Section 195 filed 12-8-89; operative 1-1-90 (Register 89, No. 50). 
§225.8. Report of Marlin Taken by Sport Fishermen.
Note     •     History

NOTE

Authority and reference cited: Section 7122, Fish and Game Code.
HISTORY

1. New section filed 3-25-81; effective thirtieth day thereafter (Register 81, No. 13).
2. Amendment of NOTE filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
3. Repealer filed 1-20-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 4). 
§226. Issuance of Permits for Importing Live Aquatic Plants or Animals to Persons Other Than Registered Aquaculturists.
Note     •     History

NOTE

Authority cited: Sections 1050, 2271, 6300-6303, 6306 and 6400, Fish and Game Code. Reference: Sections 1050, 2118, 2150, 2270, 2272, 6300-6303, 6306, 6400, 15600 and 15601, Fish and Game Code; Lacey Act of 1900 (18 U.S.C. 42, 43 and 44); Black Bass Act (16 U.S.C. 851-856); Endangered Species Act of 1973 (16 U.S.C. 1531-1543); and Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1983.
HISTORY

1. New section filed 4-11-85; effective thirtieth day thereafter (Register 85, No. 15). For history of former section, see Register 83, No. 1).
2. Amendment filed 7-25-88; operative 7-25-88 (Register 88, No. 32). 
3. Repealer filed 7-24-91; operative 8-23-91 (Register 92, No. 8).
§226.5. Issuance of Permits to Destroy Harmful Species of Fish in Private Waters for Management Purposes.
Note     •     History

Pursuant to the provisions of section 5501 of the Fish and Game Code, free permits for depredation purposes to take any species of fish which, in the opinion of the Department of Fish and Game, is harmful to other species of fish may be issued by the department on the following terms:
(a) Subject to paragraph (g) of this section, such fish may be destroyed by means of chemicals, seining or draining.
(b) Application shall be made to the Regional Manager of the Department of Fish and Game for the region in which the water is located. An application form will be supplied to each applicant upon request.
(c) All waters to be treated, seined or drained shall be entirely within the exterior boundaries of the land owned or leased by the applicant or applicants.
(d) Permits shall not be granted for streams or rivers.
(e) No permit may be granted if, in the judgment of the Department of Fish and Game, it contains publicly owned fish of desirable species which should be protected.
(f) Permittees shall notify the Regional Office of the Department of Fish and Game 10 days in advance of operations so that arrangements may be made for observation by the department if that is deemed desirable.
(g) No water may be chemically treated if, in the judgment of the Department of Fish and Game, the chemical could escape to other waters and endanger publicly owned fish.
(h) The Department of Fish and Game may specify the nature and amount of chemical to be used and its mode of application.
(i) Fish recovered under authority of this permit may not be sold (see section 226.7).
(j) The permittee agrees to hold the State of California, its agents, servants and employees free and harmless from all claims for damages resulting from the permittee's negligence or willful failure to follow the department's written recommendations prescribed for the chemical treatment of any water.
(k) Permits may be revoked for a violation of the terms thereof or for a conviction of any violation of any provision of the Fish and Game Code or commission regulations pertaining to activities covered by the permit. In order to protect fishery resources, permits may be revoked or amended without notice. Said revocations or amendments are subject to review by the commission.
(l) Permits shall only be issued upon the condition contained in the application and signed by the applicant that he has read, understands and agrees to be bound by all the terms of the permit and these regulations.
NOTE

Authority cited: Sections 2120, 5510 and 8437, Fish and Game Code. Reference: Sections 2120, 5501, 5510 and 8437, Fish and Game Code.
HISTORY

1. New section 757 filed 11-1-55; effective thirtieth day thereafter (Register 55, No. 16).
2. Renumbered from former section 757 (Register 59, No. 9).
3. Amendment filed 4-21-60; effective thirtieth day thereafter (Register 60, No. 9).
4. Amendment of NOTE filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
5. Amendment of subsections (j) and (k) filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
6. Amendment of undesignated introductory paragraph filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
§226.7. Issuance of Permits and Conditions for Taking Inland or Freshwater Fishes.
Note     •     History

Pursuant to the provisions of section 8437 of the Fish and Game Code, inland or freshwater fishes listed in this section may not be taken for commercial purposes except in accordance with the following regulations:
(a) This section does not apply to the taking of live freshwater fish for bait purposes (see sections 8460-8463 of the Fish and Game Code and sections 200-200.31 of title 14).
(b) Licenses and permits required.
(1) Fishes listed in this section may not be taken for commercial purposes except under a revocable, nontransferable permit issued by the department. Applications for the permit shall be made to the regional manager for the region in which the fish are to be taken. An application form will be supplied to each applicant upon request.
(2) Persons taking fishes listed in this section for commercial purposes shall also comply with requirements of the Fish and Game Code relating to commercial fishing licenses, commercial fishing vessel registration, and other applicable commercial laws.
(3) Every person who takes for commercial purposes, assists in taking, possesses or transports the fishes listed in this section while on any boat or vessel, or who uses or operates or assists in using or operating any boat, trap, or other appliance to take fish, must have a valid permit issued to him and must be in possession of said permit while engaged in any such activities.
(c) Permits shall be issued for not longer than one year. Permits may be revoked for a violation of the terms thereof or for a conviction of any violation of any provision of the Fish and Game Code or commission regulations pertaining to activities covered by the permit. In order to protect fishery resources, permits may be revoked or amended without notice. Said revocations or amendments are subject to review by the commission.
(d) The department may withhold a permit for one year following a conviction of a violation of any provision of the Fish and Game Code, or commission regulations relating to activities covered by the permit.
(e) Permits shall only be issued after the application has been signed by the applicant indicating that he has read, understands and agrees to the terms of the permit and these regulations. See subsection 699(b) of these regulations for the fee for this permit.
(f) Only the following fishes are authorized to be taken: Freshwater mollusks, threadfin shad (Dorosoma petenense) and fishes belonging to the lamprey family (Petromyzontidae), smelt family (Osmeridae), sucker family (Catostomidae), carp or minnow family (Cyprinidae) except grass carp (Ctenopharyngodon idella), killifish family (Cyprinodontidae), livebearer family (Poeciliidae), silverside family (Atherinidae), cichlid family (Cichlidae), gray mullet family (Mugilidae), sculpin family (Cottidae), stickleback family (Gasterosteidae), and goby family (Gobiidae). Any grass carp inadvertently taken must be immediately returned unharmed to the water.
(g) All species other than those specified in the permit shall be returned immediately in good condition to the water of origin.
(h) All fish authorized to be taken by the permit must be captured only in those waters and only with those types of gear specified in the permit.
(i) Areas and periods of fishing and the amount taken may be restricted by the department as necessary to protect authorized fishes or other fishes or to reduce interference with angling.
(j) Permittee shall comply with all requirements of the department with respect to construction and deployment of fishing gear.
(k) The permittee shall provide the department with a schedule of fishing operations as required by the department.
(l) The department may require that an employee of the department be present to inspect fishing operations. All costs of such inspection shall be borne by the permittee.
(m) The department may require that the permittee submit reports at the end of each month showing the total number and/or weight of each species taken from each water specified in the permit, the number and/or approximate total weight of each species returned to the water, and such other data as the department may request.
NOTE

Authority cited: Sections 2120, 5510, 8437, 8462 and 8475, Fish and Game Code. Reference: Sections 2120, 5501, 5510, 8437, 8462 and 8475, Fish and Game Code.
HISTORY

1. Amendment filed 4-11-78; effective thirtieth day thereafter (Register 78, No. 15). For prior history, see Register 71, No. 15.
2. Repealer and new section filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
3. Amendment of subsection (f) filed 10-14-88; operative 11-13-88 (Register 88, No. 45).
4. Amendment of subsection (e) and nonsubstantive amendment of NOTE filed 4-18-91; operative 5-18-91 Register 91, No. 21).
5. Amendment of subsection (f) and Note filed 5-5-97; operative 6-4-97 (Register 97, No. 19).
§227. Sale of Live Aquaculture Products by Aquarium or Pet Stores.
Note     •     History

(a) No live aquaculture products shall be maintained or sold by aquarium or pet stores except the following:
(1) Tropical species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes;
(2) Goldfish;
(3) Koi;
(4) Albino channel catfish;
(5) White sturgeon not to exceed 8 inches in total length;
(6) Giant freshwater prawn (Macrobrachium rosenbergi);
(7) Brine shrimp;
(8) Worms of the family Tubificidae;
(9) Crustaceans of the order Amphipoda that are native to California waters;
(10) Mosquitofish, Gambusia affinis, except that mosquitofish may not be sold by aquarium or pet stores in Inyo, Mono, San Bernardino, Riverside and Imperial counties.
(11) Abalone.
(b) White sturgeon and abalone shall be sold only under an Aquarium Dealer's Permit issued by the department to the owner of the aquarium or pet store. Applications shall be made on a department form available upon request from the Department of Fish and Game, Wildlife Protection Division, 1416 Ninth Street, Sacramento, California 95814. The permit shall be issued free of charge on a calendar year basis, or part thereof. See subsection 699(b) of these regulations for the fee for this permit. Aquarium dealer permittees shall maintain a log of all sales and shipments of live sturgeon and abalone, the name of the individual, company or organization taking possession of the product, the date of sale and the number of sturgeon or abalone sold. The log shall be shown upon request by an authorized department official.
(c) All abalone sold under an aquarium dealer's permit shall be marked as provided by section 238(e)(1)(B) of this title.
(d) Under no condition shall any live aquaculture product sold at an aquarium or pet store be planted in any waters of the state.
NOTE

Authority cited: Sections 1050, 15005, 15200 and 15202, Fish and Game Code. Reference: Sections 1050 and 8371, Fish and Game Code.
HISTORY

1. New section filed 4-1-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 14).
2. Amendment of subsection (a) filed 7-13-84; effective thirtieth day thereafter (Register 84, No. 28).
3. Amendment filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).
4. Amendment of subsection (b) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
5. Editorial correction of printing error in subsection (b) (Register 91, No. 31).
§228. Suction Dredging.
Note     •     History

The Department has adopted this Section and Section 228.5 pursuant to Fish and Game Code Section 5653.9, and to make specific and otherwise implement Fish and Game Code Section 5653, specifically. Pursuant to that authority, the Department finds that suction dredging subject to and consistent with the requirements of Sections 228 and 228.5 will not be deleterious to fish. 
(a) Definitions.
(1) Suction dredging. For purposes of Section 228 and 228.5, the use of vacuum or suction dredge equipment (i.e. suction dredging) is defined as the use of a motorized suction system to vacuum material from the bottom of a river, stream or lake and to return all or some portion of that material to the same river, stream or lake for the extraction of minerals. A person is suction dredging as defined when all of the following components are operating together:
(A) A hose which vacuums sediment from a river, stream or lake; and
(B) A motorized pump; and
(C) A sluice box.
(2) Motorized. For purposes of these regulations, “motorized” means a mechanical device powered by electricity or an internal combustion engine. 
(b) Permit requirement. Every person who operates the intake nozzle of any suction dredge shall have a suction dredge permit in his/her immediate possession. Any amended permit shall also be in his/her immediate possession. Suction dredge permits shall be valid from the first day of the year for one calendar year or if issued after the first day of the year, for the remainder of that year. The Department will charge a fee for each suction dredge permit pursuant to Section 5653, subdivision (c), of the Fish and Game Code. Permits may be obtained at any Department license sales office. 
Any person with a qualifying disability under the Americans With Disabilities Act, who presents a Disabled Person DMV registration or other State, or Federal approved documentation of disability, and who requires assistance in operating a suction dredge may also apply for an assistant  suction dredge permit. Any assistant suction dredge permit issued by the Department to such disabled person shall be in the disabled applicant's name and shall be issued at no charge. The disabled permittee must be present at the dredge site while the assistant is operating the suction dredge. The assistant shall have the assistant suction dredge permit in his/her immediate possession while assisting the disabled permittee in suction dredging activities. Any assistant may be prosecuted for a violation of the laws or regulations pertaining to suction dredging. The disabled permittee may be prosecuted for a violation of the laws or regulations pertaining to suction dredging committed by his/her assistant.
(c) Permit application. Suction dredge permit applications shall be made available at any Department license sales office using the Department's Automated License Data system. No suction dredge permit shall be issued by the Department unless an application has been completed by the permit applicant. A completed application shall contain all of the following information: 
(1) Identification and contact information for the permit applicant based on any of the following: 
(A) Any license document or identification number previously issued via the Department's Automated License Data System, 
(B) A valid driver's license or identification card issued to him or her by the Department of Motor Vehicles or by the entity issuing driver's licenses from the licensee's state of domicile, 
(C) U.S. Birth Certificate, 
(D) U.S. Certificate or Report of Birth Abroad, 
(E) Immigration and Naturalization Service American Indian Card, 
(F) Birth Certificate or passport issued from a US Territory, 
(G) U.S. Passport, 
(H) U.S. Military Identification Cards (Active or reserve duty, dependent, retired member, discharged from service, medical/religious personnel), or 
(I) Certificate of Naturalization or Citizenship.
(d) Permit Amendment. Applicants may amend suction dredge permits at a Department license sales office, at no additional cost, by submitting an amendment form providing the Department with their permit number and modifications or additions to the information specified in the original application. 
(e) Permits Requiring an On-site Inspection. Where an on-site inspection is required, a permit, or amended permit, is not valid until the permittee has contacted the appropriate Department Regional Office to arrange an inspection, the inspection has been completed and the Department has provided written approval of the proposed suction dredging.
(f) Permits Requiring Notification Pursuant to Section 1602 of the Fish and Game Code. Where a notification is required pursuant to these regulations, a permit, or amended permit, is not valid until the permittee has in their possession documentation of compliance with Fish and Game Code Section 1602, subdivision (a), for the proposed suction dredging, including a copy of their notification to the Department; any response to the notification by the Department pursuant to Fish and Game Code Section 1602, subdivision(a)(4)(A)(i); and a Lake or Streambed Alteration Agreement if required.
(g) Number of Permits. The Department shall issue a maximum of 1,500 permits annually, on a first-come, first-served basis. 
(h) Suction Dredge Reporting. Each permittee shall possess, maintain and submit to the Department a completed annual Report Card for each year that a suction dredge permit is held. The Report Card shall be received by the Department no later than the following January 15. The Department shall furnish the Report Card to all permittees when a permit is sold. Failure to timely submit the Report Card as required may result in revocation, suspension or non-issuance of any subsequent suction dredge permit issued to the permittee by the Department. The permittee shall be required to provide the following information on the Report Card:
(1) The location of each site where the permittee operated the nozzle of a suction dredge. Pertinent information includes river, stream or lake name, county, nearest town or city, latitude and longitude or topographic map name with township, range, section and quarter section;
(2) The dates of operation for suction dredging at each location;
(3) The beginning and end times for operation each day, and 
(4) The nozzle size and horsepower for each suction dredge operated at each location.
The permittee shall have the Report Card in his/her possession when suction dredging; the Report Card shall be up to date with required information during suction dredging, including information regarding prior and current suction dredging activity; and the permittee shall provide the Report Card to any Department representative for inspection upon request. 
(i) Permit Revocation or Suspension. Any suction dredge permit or amended suction dredge permit may be revoked or suspended by the assistant chief of enforcement for any violation of the laws or regulations pertaining to suction dredging. The assistant chief of enforcement may, in his/her discretion, revoke or suspend the permit or amended permit based on past citations or convictions of such laws or regulations. Once a permit or amended permit has been revoked, no new suction dredge permit may be obtained by that person in the current year or for the calendar year subsequent to the revocation. An assistant chief of enforcement's decision to revoke or suspend a permit or amended permit may be appealed to the director. Any revocation or suspension of a permit or amended permit shall be in accordance with the following provisions:
(1) Hearing When Permittee Convicted of Violation. In the case where the permittee has already been convicted of a violation of Section 5653 or 5653.3 of the Fish and Game Code or any regulation pertaining thereto permitted by said code, the assistant chief of enforcement shall schedule a hearing to consider the revocation or suspension of his/her permit:
(A) Notification. The assistant chief of enforcement shall notify the permittee, by certified letter, of the intent to consider the revocation or suspension of his/her permit or amended permit at the hearing. The certified letter shall include the following information:
1. Name of permittee and last known address.
2. Date, time and place of scheduled hearing,
3. Reason for impending action, including a statement as to date and fact of conviction(s).
4. A copy of Section 228, Title 14, California Code of Regulations.
5. A statement that the permittee has the right to appear and to be represented by legal counsel.
(B) Recording. The proceedings of the hearing shall be recorded by an electronic recording system.
(C) Reading of Documents. At the hearing, the assistant chief of enforcement shall read the conviction documents. The Department shall provide the assistant chief of enforcement with the background information regarding the violation(s) and conviction(s) and shall submit into the record a copy of the document(s) which include(s) the facts of the conviction(s) of a violation of the regulation(s) or statute.
(D) Statement by Permittee. The permittee shall make his/her statement regarding the violation(s) and conviction(s), and may argue that extenuating circumstances were such as to not warrant the loss of his/her permit or amended permit.
(E) Questioning. The permittee or the Department personnel may be questioned by the assistant chief of enforcement.
(F) Findings. At the conclusion of the hearing, the assistant chief of enforcement shall make a decision which contains findings or reasons for the proposed action.
(G) Notification by Certified Mail. After the hearing, the assistant chief of enforcement shall provide the permittee, by certified mail, a copy of the final decision.
(H) Appeal. The permittee may request an appeal in writing to the director within 30 days of the date of receipt of the assistant chief of enforcement's decision. The director shall respond to an appeal in writing within 45 days from receipt of notice of request to appeal.
(I) Judicial Review. The permittee may request judicial review by filing a petition for writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of the decision. The record of the proceedings shall be prepared by the Department and delivered to the petitioner within 30 days after receipt of petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code.
(2) Hearing When Permittee Cited but Not Convicted. In the case where the permittee has not been convicted of a violation of Section 5653 of the Fish and Game Code or any regulation pertaining to suction dredging permitted by said code, but has been cited by the Department, the assistant chief of enforcement shall schedule a hearing to consider the revocation or suspension of his/her permit or amended permit.
(A) Notification. The assistant chief of enforcement shall notify the permittee, by certified letter, of the intent to consider the revocation or suspension of his/her permit or amended permit at the hearing. The certified letter shall include the following information:
1. Name of permittee and last known address.
2. Date, time and place of scheduled hearing.
3. Reason for impending assistant chief of enforcement's action, including a concise statement of the acts or nonactions of the permittee which constitutes a violation of Section 5653 or 5653.3, of the Fish and Game Code or regulations made pursuant thereto.
4. A copy of Section 228, Title 14, California Code of Regulations.
5.  A statement that the permittee has the right to appear and to be represented by legal counsel.
(B) Recording. The proceedings of the hearing shall be recorded by an electronic recording system.
(C) Presentation of Evidence. The permittee and the Department have the right to present evidence at the scheduled hearing as follows:
1. Oral evidence shall be taken on oath or affirmation.
2. Each party may call and examine witnesses, cross-examine opposing witnesses on any relevant matter, may rebut evidence against him/her, and may orally argue the matter.
3. The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons would rely in the conduct of serious affairs.
4. The permittee or the Department may be questioned by the assistant chief of enforcement.
(D) Findings. At the conclusion of the hearing, the assistant chief of enforcement shall make a decision based on the evidence presented at the hearing and shall issue written findings containing reasons for the decision and the evidence relied upon.
(E) Notification by Certified Mail. After the hearing the assistant chief of enforcement shall provide the permittee, by certified mail, a copy of the final decision.
(F) Appeal. The permittee may request an appeal in writing to the director within 30 days of the date of receipt of the assistant chief of enforcement's decision. The director shall respond to an appeal in writing within 45 days from receipt of notice of request to appeal.
(G) Judicial Review. The permittee may request judicial review by filing a petition of writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of the director's decision. The record of the administrative proceedings shall be prepared by the Department and delivered to the petitioner within 30 days after receipt of petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code.
(j) Use of Suction Dredges in Lakes and Reservoirs. No suction dredging is permitted within the current water level in any lake or reservoir unless:
(1) The Department has conducted an on-site inspection and approved the proposed suction dredging operation in writing; 
(2) The permittee has a valid suction dredge permit; and 
(3) The permittee has in their possession documentation of compliance with Fish and Game Code Section 1602, subdivision (a), for the proposed suction dredging operation, including a copy of the permittee's notification to the Department; any response by the Department pursuant to Fish and Game Code Section 1602, subdivision (a)(4)(A)(i), and, in the event a Lake or Streambed Alteration Agreement is required, authorization from the Department for the proposed suction dredging operations at the location specified in the permit application pursuant to subdivision (c). 
For purposes of this subdivision, suction dredging in any tributary river or stream in the exposed bed of any partially empty lake or reservoir shall be governed by the requirements in Section 228.5 for that tributary river or stream.
(k) Equipment Requirements.
(1) Nozzle Restriction. No suction dredge having an intake nozzle with an inside diameter larger than four inches may be used unless:
(A) The Department has conducted an on-site inspection and approved a larger nozzle size in writing; the maximum inside diameter of the intake nozzle is no larger than six inches, or eight inches where allowable under subdivision (k)(1)(E); and
(B) The permittee has a valid suction dredge permit; and 
(C) The permittee has in their possession documentation of compliance with Fish and Game Code Section 1602, subdivision (a), for the proposed suction dredging operation, including a copy of his/her notification to the Department; any response to the notification by the Department pursuant to Fish and Game Code Section 1602, subdivision (a)(4)(A)(i); and specific authorization from the Department for a vacuum nozzle greater than four inches in diameter if a Lake or Streambed Alteration Agreement is required; or 
(D) Except as provided by subdivision (k)(1)(A), a constricting ring with an inside diameter not larger than four inches has been attached to the intake nozzle. This constricting ring must be of solid, one-piece construction with no openings other than the intake and openings not greater than one inch between the constricting ring and nozzle. It must be welded or otherwise permanently attached over the end of the intake nozzle. No quick-release devices are permitted.
(E) Suction dredge intake nozzles up to eight inches in diameter may be permitted at the Department's discretion in accordance with subdivision (k)(1)(A) only on the following rivers:
1. American (Placer and El Dorado Counties);
2. Cosumnes (Sacramento, Amador and El Dorado Counties);
3. Feather (Butte, Plumas and Yuba Counties);
4. Klamath (Del Norte, Humboldt and Siskiyou Counties);
5. Merced (Mariposa and Merced Counties);
6. Mokelumne (Amador, Calaveras and San Joaquin Counties);
7. Scott (Siskiyou County);
8. Trinity (Trinity and Humboldt Counties); and
9. Yuba (Sierra, Nevada and Yuba Counties).
(2) Hose Restriction. The inside diameter of the intake hose may not be more than two inches larger than the permitted intake nozzle size or constricting ring, whichever is smaller.
(3) Pump Intake Screening. The intake for the suction dredge pump shall be covered with screening mesh. Screen mesh openings shall not exceed 3/32 inch (2.38 mm) for woven wire or perforated plate screens, or 0.0689 inch (1.75 mm) for profile wire screens, with a minimum 27% open area.
(4) Suction dredges must include a containment system under the motor and fuel tanks. The containment system must be sufficient in size to completely accommodate the full volume of all fuel, lubricants and chemicals without overtopping or leaking.
(l) Restrictions on Methods of Operation.
(1) Motorized winching or the use of other motorized equipment to move boulders, logs, or other objects is prohibited, unless:
(A) The Department has conducted an on-site inspection and approved the proposed suction dredging operations in writing; and
(B) The permittee has a valid suction dredge permit; and
(C) The permittee has in their possession documentation of compliance with Fish and Game Code Section 1602, subdivision (a), for the proposed suction dredging operations, including a copy of their notification to the Department; any response to the notification by the Department pursuant to Fish and Game Code Section 1602, subdivision (a)(4)(A)(i); and specific authorization from the Department for motorized winching if a Lake or Streambed Alteration Agreement is required. 
(2) Winching, whether motorized or hand powered, shall be conducted under the following provisions:
(A) Boulders and other material may only be moved within the current water level. No boulders or other material shall be moved outside the current water level.
(B) Winching of any material embedded on banks of streams or rivers is prohibited.
(C) Winching of any material into a location which deflects water into the bank is prohibited.
(D) Nets and other devices may be used to collect cobbles and boulders by hand for removal from dredge holes providing the materials are not removed from within the water level.
(E) No woody streamside vegetation shall be removed or damaged. Trees of sufficient size and condition may be used as winch and pulley anchor points provided that precautions are taken to ensure that trunk surfaces are protected from cutting or abrasions and the tree is not uprooted.
(3) No person shall operate the nozzle of a suction dredge and remove material within three feet of the lateral edge of the current water level, including at the edge of instream gravel bars or under any overhanging banks. 
(4) No person shall remove or damage streamside vegetation during suction dredge operations.
(5) No person shall cut, move or destabilize instream woody debris such as root wads, stumps or logs.
(6) No person shall divert the flow of a river or stream into the bank.
(7) For the purpose of suction dredge mining subject to this section, no person shall construct a dam or weir, concentrate flow in a way that reduces the total wetted area of a river or stream, or obstruct fish passage; unless:
(A) The Department has conducted an on-site inspection and approved the proposed suction dredging operations in writing; and
(B) The permittee has a valid suction dredge permit; and
(C) The permittee has in their possession, documentation of compliance with Fish and Game Code Section 1602, subdivision (a), for the proposed suction dredging operations, including a copy of their notification to the Department; any response by the Department to the notification pursuant to Fish and Game Code Section 1602, subdivision (a)(4)(A)(i); and specific authorization for the proposed activity if a Lake or Streambed Alteration Agreement is required. 
(8) No person shall import any earthen material into a stream, river or lake.
(9) All fueling and servicing of dredging equipment must be done in a manner such that petroleum products and other substances are not leaked, spilled or placed where they may pass into the waters of the state. 
(10) No fuel, lubricants or chemicals may be stored within 100 feet of the current water level. Where this is not feasible, a containment system must be in place beneath the fuel, lubricants or chemicals. The containment system must be sufficient in size to completely accommodate the full volume of all fuel, lubricants and chemicals without overtopping or leaking. 
(11) Stream substrate, including gravel, cobble, boulders and other material may only be moved within the current water level. 
(12) No person shall displace any material embedded on banks of rivers or streams. 
(13) No person shall disturb any mussel bed. A mussel bed is defined as an area of any size where the density of mussels is 10 or more/square yard. Suction dredging activities, including deposition of tailings, shall not occur within 30 yards upstream of a mussel bed, nor within 10 yards laterally or downstream. 
(14) Reasonable care shall be used to avoid dredging silt and clay materials that would result in a significant increase in turbidity.
(15) The permittee shall level all tailing piles, returning the site to the pre-mining grade to the greatest extent possible, prior to finishing use of the excavation site for the suction dredging season, or working another excavation site.
(16) No person shall disturb any redds, actively spawning fish, amphibian egg masses or tadpoles. If encountered while operating a suction dredge, the permittee must cease operations and relocate dredging activities.
(17) The willful entrainment of finfish, mollusks or amphibians is prohibited.
(18) No person shall use wheeled or tracked equipment instream as part of suction dredging.
(19) All suction dredge equipment shall be cleaned of mud, oil, grease, debris, and plant and animal material before use in a river, stream or lake.
(20) Before relocating a suction dredge to another waterbody, water shall be drained from all equipment for at least two weeks or the suction dredge and associated equipment must be decontaminated. Decontamination must include pressure washing with water > 120 degrees Fahrenheit and/or chemical decontamination of all surfaces using bleach, vinegar, ammonia or potassium permanganate solution.
(21) No person shall operate a suction dredge within 500' of another operating suction dredge. For purposes of these regulations, “operating” shall mean that the motor on the suction dredge is creating a vacuum through the vacuum hose and nozzle. 
(m) State Wildlife Areas and Ecological Reserves. Consistent with Title 14, Sections 550, subdivision (b)(10), and 630, subdivision (a)(1), of the California Code of Regulations, suction dredging is prohibited in State Wildlife Areas and Ecological Reserves.
(n) Compliance with Other Laws. Nothing in any permit or amended permit issued pursuant to these regulations authorizes the permittee to trespass on any land or property, or relieves the permittee of the responsibility to comply with applicable federal, State, or local laws or ordinances.
(o) Emergency Closure. The Department may initiate emergency regulatory action pursuant to Government Code Section 11346.1 to close any water to suction dredging.
(p) Timing of Activity. Active suction dredging operations may only be conducted between 10:00 a.m. and 4:00 p.m.
NOTE

Authority cited: Sections 5653 and 5653.9, Fish and Game Code. Reference: Sections 5653 - 5653.9, Fish and Game Code.
HISTORY

1. New section filed 5-27-94; operative 5-27-94 (Register 94, No. 21). For prior history, see Register 81, No. 41.
2. Amendment of subsection (b)(1), new subsections (b)(2)-(3) and subsection renumbering filed 4-26-2001 as an emergency; operative 4-26-2001 (Register 2003, No. 9). A Certificate of Compliance must be transmitted to OAL by 8-24-2001 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction adding History 2 (Register 2003, No. 9). 
4. Reinstatement of section as it existed prior to 4-26-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2003, No. 9).  
5. Change without regulatory effect amending subsection (b)(1) filed 4-7-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 15).
6. Amendment filed 4-27-2012; operative 4-27-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 17). 
§228.5. Suction Dredge Use Classifications and Special Regulations.
Note     •     History

(a) Suction Dredge Use Classifications. For purposes of these regulations, the following classes of suction dredge use restrictions apply in California's lakes, reservoirs, streams and rivers as specified:

(1) Class A:	No dredging permitted at anytime.

(2) Class B:	Open to dredging from July 1 through August 31.

(3) Class C:	Open to dredging from June 1 through September 30.

(4) Class D:	Open to dredging from July 1 through January 31.

(5) Class E:	Open to dredging from September 1 through January 31.

(6) Class F:	Open to dredging from July 1 through September 30.

(7) Class G:	Open to dredging from September 1 through September 30.

(8) Class H:	Open to dredging throughout the year.
(b) Suction Dredge Special Regulations. The Suction Dredge Use Classifications set forth in subdivision (a) apply for each of the rivers or streams in each of the counties listed below. Lakes and reservoirs statewide are Class H.

(1) Alameda	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, unless 
	otherwise noted below	H

Multiple Waters	All rivers and streams from Alameda Creek  
	south to the Alameda-Santa Clara County line, 
	unless otherwise noted below	C

Multiple Waters	All rivers and streams east of I-680 and south 
	of I-580, and above 1,000 feet elevation, 
	unless otherwise noted below	D

Alameda Creek	Mainstem and all tributaries 	A	

Arroyo Viejo	Mainstem and all tributaries	A

Codornices Creek	Mainstem	A	

Peralta Creek	Mainstem	A

San Leandro Creek	Mainstem from San Francisco Bay upstream 
	to Lake Chabot	A	

San Lorenzo Creek	Mainstem and all tributaries	A

Sausal Creek	Mainstem and all tributaries	A	

Ward Creek	Mainstem	A

(2) Alpine	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, unless 
	otherwise noted below	H

Arnot Creek	Mainstem and all tributaries 	A	

Caples Lake 
tributaries	All waters draining to Caples Lake	A

Carson River, 
East Fork 	Mainstem and all tributaries from 
	California-Nevada State Line to Carson 
	Falls, unless otherwise noted	G

Carson River, 
East Fork 	Mainstem and all tributaries upstream from 
	Carson Falls 	A	

Carson River, 
West Fork	Mainstem and all tributaries, unless otherwise 
	noted below	G

Disaster Creek	Mainstem and all tributaries	A	

Heenan Lake 
tributaries	All waters draining to Heenan Lake	A

Mokelumne River, 
North Fork	Mainstem and all tributaries 	A	

Murray Canyon 
Creek	Mainstem and all tributaries 	A

Pleasant Valley 
Creek	Mainstem and all tributaries 	A	

Poison Flat Creek 	Mainstem and all tributaries 	A

Silver Creek	Mainstem and all tributaries upstream from 
	Pennsylvania Creek	A	

Silver Fork 
American River	Mainstem and all tributaries 	A

Silver King Creek	Mainstem and all tributaries upstream 
	from Snodgrass Creek 	A	

Silver Lake 
tributaries	All waters draining to Silver Lake	A

Stanislaus River, 
North Fork 	Mainstem and all tributaries upstream from 
	Union Reservoir	A	

Truckee River, 
Upper	Mainstem and all tributaries 	A

(3) Amador	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Multiple Streams	All rivers and streams in the County west 
	of Highway 49, unless otherwise noted below	C

Cole Creek	Mainstem and all tributaries upstream from 
	North Fork Mokelumne River	A	

Cosumnes River, 
South Fork 	Mainstem and all tributaries  	D

Mokelumne River	Mainstem from Pardee Dam upstream to 
	Highway 49	D	

Mokelumne River, 
North Fork 	Mainstem and all tributaries from Tiger 
	Creek to Salt Springs Reservoir, except Cole 
	Creek 	E

Mokelumne River, 
North Fork 	Mainstem and all tributaries from Salt 
	Springs Reservoir upstream to 
	Amador-Alpine County Line	A

Silver Fork 
American River	Mainstem and all tributaries 	A	

Silver Lake 
tributaries	All waters draining to Silver Lake	A

Tragedy Creek	Mainstem and all tributaries 	A	

(4) Butte	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	C

Butte Creek	Mainstem and all tributaries from County 
	Line upstream to Centerville Head Dam, 
	unless otherwise noted	A

Butte Creek	Mainstem and all tributaries from Centerville 
	Head Dam upstream to De Sabla 
	Powerhouse, unless otherwise noted	E

Butte Creek	Mainstem and all tributaries from De Sabla 
	Powerhouse upstream to Bolt Creek, 
	unless otherwise noted	F

Butte Creek	Mainstem and all tributaries upstream of 
	Bolt Creek, unless otherwise noted	A	

Fall River	Mainstem 	A

Feather River	Mainstem to Lake Oroville	A	

Feather River, 
Middle Fork 	Mainstem and all tributaries upstream of 
	Lake Oroville, unless otherwise noted 	D

Feather River, 
North Fork 	Mainstem and all tributaries upstream of 
	Lake Oroville, unless otherwise noted 	D

Feather River, 
South Fork 	Mainstem and all tributaries upstream of 
	Lake Oroville, unless otherwise noted	D

Mill Creek	Mainstem and tributaries	A	

Pinkard Creek	Mainstem upstream of Lost Creek Reservoir	A

Sacramento River	Mainstem	F	

(5) Calaveras	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Multiple Waters	All rivers and streams in the County west of 
	Highway 49, unless otherwise noted below	C

Calaveras River, 
North Fork 	Mainstem and all tributaries, except Jesus 
	Maria Creek 	D	

Calaveras River, 
South Fork	Mainstem and all tributaries 	D

Forest Creek	Mainstem and all tributaries	E	

Jesus Maria Creek	Mainstem and all tributaries 	E

Mokelumne River	Mainstem from Pardee Dam upstream to 
	Highway 49	D	

Mokelumne River, 
Middle Fork	Mainstem and all tributaries, except 
	Forest Creek	D

Mokelumne River, 
North Fork 	Mainstem and all tributaries from Tiger 
	Creek upstream to Salt Springs Reservoir 	E

Mokelumne River, 
North Fork	Mainstem and all tributaries upstream 
	from Salt Springs Reservoir	A

Mokelumne River, 
South Fork	Mainstem and all tributaries	D	

Stanislaus River, 
North Fork	Mainstem and all tributaries	D

(6) Colusa 	

Water	Description	Class

Multiple Waters	All rivers and streams in the County 
	west of I-5, unless otherwise noted below	D

Multiple Waters	All rivers and streams in the County 
	east of I-5, unless otherwise noted below	F	

Butte Creek	Mainstem	A

(7) Contra Costa	

Water	Description	Class

Multiple Waters	All rivers and streams west of I-680, 
	unless otherwise noted below	H

Multiple Waters	All rivers and streams east of I-680, 
	unless otherwise noted below	F	

Alhambra Creek	Mainstem and all tributaries	A

Garrity Creek	Mainstem and all tributaries	A	

Mount Diablo 
Creek	Mainstem and all tributaries	A

Pacheco Creek	Mainstem and all tributaries	A	

Pinole Creek	Mainstem and all tributaries	A

Refugio Creek	Mainstem and all tributaries	A	

Rodeo Creek 	Mainstem and all tributaries	A

San Pablo Creek	Mainstem and all tributaries	A	

Walnut Creek	Mainstem and all tributaries	A

Wildcat Creek	Mainstem and all tributaries	A	

(8) Del Norte	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	F

Blue Creek	Mainstem and all tributaries 	A	

Bummer Lake 
Creek	Mainstem	A

Clarks Creek	Mainstem	A	

Copper Creek	Mainstem	A

Coon Creek	Mainstem	A	

Craigs Creek	Mainstem	A

Dominie Creek	Mainstem	A	

Eightmile Creek	Mainstem	A

Griffin Creek	Mainstem	A	

Hurdygurdy 
Creek	Mainstem	A

Jaqua Creek	Mainstem	A	

Jones Creek	Mainstem	A

Klamath River	Mainstem 	F	

Knopti Creek	Mainstem	A

Mill Creek	Mainstem and its tributaries	A	

Monkey Creek	Mainstem	A

Morrison Creek	Mainstem	A	

Myrtle Creek	Mainstem	A

Patrick Creek	Mainstem	A	

Peacock Creek	Mainstem	A

Quartz Creek	Mainstem	A	

Rock Creek	Mainstem	A

Rowdy Creek	Mainstem	A	

Rowdy Creek, 
South Fork	Mainstem	A

Savoy Creek	Mainstem	A	

Shelly Creek	Mainstem	A

Smith River, 
Middle Fork 	Mainstem from Smith River upstream to  
	Middle Fork Falls	A	

Smith River, 
North Fork 	Mainstem 	A

Smith River, 
South Fork 	Mainstem from Smith River upstream to 
	Quartz Creek	A	

Smith River, 
Siskiyou Fork	Mainstem	A

Sultan Creek	Mainstem	A	

Special Closures for Thermal Refugia in Klamath River Watershed	
A 200-foot radius* at the confluence of each of the following 
waters with the Klamath River is Class A:

Water

Hunter Creek

McGarvey Creek

Salt Creek

*Pursuant to Fish and Game Code 5653(d) it is unlawful to possess a vacuum or suction dredge in areas, or in or within 100 yards of waters, that are closed to the use of vacuum or suction dredges. Therefore, the effective closure at thermal refugia locations is a 500-foot radius from the center-line of the confluence of the tributary stream with the mainstem river.

(9) El Dorado	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

American River, 
Middle Fork 	Mainstem and all tributaries from North 
	Fork American River upstream to Oxbow 
	Dam, unless otherwise noted 	D

American River, 
North Fork	Mainstem and all tributaries from Folsom 
	Lake upstream to confluence with the 
	Middle Fork American River, unless 
	otherwise noted 	C

American River, 
South Fork 	Mainstem and all tributaries from Folsom 
	Lake upstream to Slab Creek Reservoir, 
	unless otherwise noted 	C

American River, 
South Fork  	Mainstem and all tributaries from Slab 
	Creek Reservoir upstream to Kyburz, 
	unless otherwise noted 	D

American River, 
South Fork 	Mainstem and all tributaries upstream 
	from Highway 50 Bridge at Riverton, 
	unless otherwise noted 	C	

Camp Creek	Mainstem and all tributaries from North 
	Fork Cosumnes River upstream to Dennis 
	Canyon 	D

Camp Creek 	Mainstem and all tributaries upstream of 
	Dennis Canyon	A	

Cosumnes River, 
Middle Fork	Mainstem and all tributaries	D

Cosumnes River, 
North Fork 	Mainstem and all tributaries except 
	Camp Creek 	D	

Cosumnes River, 
South Fork 	Mainstem and all tributaries  	C

Glen Alpine Creek	Mainstem and all tributaries upstream of 
	Fallen Leaf Lake 	A	

Ice House 
Reservoir 
tributaries	All waters draining to Ice House Reservoir	A

Indian Creek	Mainstem and all tributaries	D	

Lake Tahoe 
tributaries	All waters draining to Lake Tahoe, unless 
	otherwise noted 	G

Middle Creek	Mainstem from Silver Fork American River	A	

Pyramid Creek	Mainstem and all tributaries	A

Rock Creek	Mainstem and all tributaries	A	

Rubicon River	Mainstem and all tributaries upstream of 
	Oxbow Dam to Parsley Bar Crossing 	D

Rubicon River	Mainstem and all tributaries upstream from 
	the Desolation Wilderness Boundary	A

Taylor Creek	Mainstem from Lake Tahoe to Fallen 
	Leaf Lake	A	

Trout Creek	Mainstem and all tributaries upstream from 
	Saxon Creek	A

Truckee River, 
Upper 	Mainstem and all tributaries from Lake 
	Tahoe upstream to El Dorado-Alpine 
	County Line	A

Webber Creek	Mainstem and all tributaries	A	

(10) Fresno	

Water	Description	Class

Multiple Waters	All rivers and streams in the County 
	above 4,000 feet elevation	A

Multiple Waters	All rivers and streams east of I-5 between 
	1,000 to 4,000 feet, unless otherwise 
	noted below	F

Multiple Waters	All rivers and streams east of I-5 less than 
	1,000 feet elevation, unless otherwise 
	noted below	H

Multiple Waters	All rivers and streams in the County west 
	of I-5	D	

San Joaquin River	Mainstem upstream to Friant Dam	C

San Joaquin 
River	Mainstem between Redinger and Kerckhoff 
	Reservoirs	A	

Jose Creek	Mainstem up to 4,000 feet elevation	A

(11) Glenn	

Water	Description	Class

Multiple Waters	All rivers and streams in the County 
	west of I-5, unless otherwise noted below	F

Multiple Waters	All rivers and streams in the County 
	east of I-5, unless otherwise noted below	C	

Butte Creek	Mainstem	A

Sacramento River	Mainstem	F	

(12) Humboldt	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	F

Blue Creek	Mainstem and all tributaries	A	

Boise Creek	Mainstem 	A

Camp Creek	Mainstem 	A	

Beaver Creek 	Mainstem 	A

Eel River	Mainstem and all tributaries	A	

Red Cap Creek	Mainstem and all tributaries	A 

Special Closures for Thermal Refugia in Klamath River Watershed	

A 200-foot radius* at the confluence of each of the following 
waters with the Klamath River is Class A:

Water	

Aikens Creek		

Blue Creek 		

Bluff Creek		

Boise Creek		

Camp Creek		

Cappell Creek		

Cheenitch Creek		

Coon Creek		

Crawford Creek		

Donahue Flat Creek		

Hopkins Creek		

Ikes Creek		

Miners Creek 	

Pearch Creek

Pecwan Creek

Pine Creek

Red Cap Creek

Roach Creek

Roselano Creek

Slate Creek

Trinity River

Tully Creek

Ullathorne Creek

Whitmore Creek

Wilson Creek

*Pursuant to Fish and Game Code 5653(d) it is unlawful to possess a vacuum 	or suction dredge in areas, or in or within 100 yards of waters, that are closed to the use of vacuum or suction dredges. Therefore, the effective closure at thermal refugia locations is a 500-foot radius from the center-line of the confluence of the tributary stream with the mainstem river.

(13) Imperial	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Multiple Waters	All shoreline pools and irrigation drains 
	within one mile of the Salton Sea	A	

Colorado River	Mainstem 	A

San Felipe Creek	Mainstem and all tributaries 	A	

(14) Inyo	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below 	H

Amargosa River	Mainstem upstream of Death Valley 
	Road (CA 127)	A	

Antelope Spring 
Creek	Mainstem	A

Baker Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

Big Pine Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A

Birch Creek 
(drains to Deep 
Springs Valley)	Mainstem and associated springs within 
	Inyo National Forest Boundary	A	

Birch Creek 
(Bishop Creek 
tributary)	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A

Bishop Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

Bishop Creek 
Canal	All canal	E

Bishop Creek, 
North Fork 
(east of Bishop)	Mainstem from Owens River upstream to 
	Highway 6	E	

Cabin Creek 	Mainstem	A

China Ranch Wash	Mainstem 	A	

Cottonwood Creek 
(drains to Owens 
Lake)	Mainstem and all tributaries upstream of 
	Little Cottonwood Creek	A

Cottonwood Creek 
(east of Highway 
168)	Mainstem	A	

Diaz Creek	Mainstem and all tributaries upstream of 
	John Muir Wilderness Boundary	A

Division Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

Fish Slough	Mainstem, all tributaries, pools and springs	A

Goodale Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

Haiwee Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A

Hogback Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

Horton Creek	Mainstem from Owens River upstream 
	to Highway 395 	E

Horton Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

Independence 
Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A

Leidy Creek	Mainstem	A	

Lone Pine Creek	Mainstem and all tributaries upstream of 
	Whitney Portal Campground	A

McGee Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

McNally Canal	1000 feet above and below Silver Canyon 
	Road	E

Mule Springs	Upper and Lower Ponds, and spring channels	A	

Oak Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A

Owens River	Mainstem above 3,500 feet elevation 
	upstream to Inyo-Mono County Line 	E	

Pine Creek	Mainstem downstream of Inyo National 
	Forest Boundary	E

Pine Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

Rawson Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A

Red Mountain 
Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

Rock Creek	Mainstem and all tributaries upstream 
	of Inyo National Forest Boundary	A

Rock Creek, 
Lower 	Mainstem and all tributaries between 
	Owens River and Inyo-Mono County Line	E	

Sawmill Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A

Shannon Canyon 
Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

Summit Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A

Taboose Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

Thibaut Creek	Mainstem and all tributaries upstream from 
	Inyo National Forest Boundary	A

Tinemaha Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

Tuttle Creek	Mainstem and all tributaries in John Muir 
	Wilderness	A

Warm Springs	Upper Pond, Lower Pond, Outflow Ditch 
	and North Ditch	A	

(15) Kern	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Multiple Waters	All rivers and streams in the County east of 
	Hwy 99, north of Hwy 58, and west of 
	Hwy 14, unless otherwise noted below	F

Multiple Waters	All rivers and streams in the County east of 
	Hwy 99, north of Hwy 58, south of Hwy 178, 
	and west of Hwy 14 above 4,000 feet elevation	A

Multiple Waters	All rivers and streams in the County east of 
	Hwy 99 and north of Hwy 178 above 4,000 
	feet elevation	A

Kern River, South 
Fork (tributaries)	All tributaries to the South Fork Kern River 
	upstream of Lake Isabella and north of 
	Hwy 178	A

(16) Kings	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Garza Creek	Mainstem and all tributaries	D	

Avenal Creek	Mainstem and all tributaries	D

Baby King Creek 	Mainstem and all tributaries	D	

Big Tar Creek	Mainstem and all tributaries	D

(17) Lake	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	D

Bucknell Creek	Mainstem 	F	

Butts Creek	Mainstem and all tributaries 	F

Cache Creek	Mainstem and all tributaries 	F	

Clear Lake 
tributaries	All waters draining to Clear Lake	E

Eel River	Mainstem and all tributaries upstream 
	from the Lake-Mendocino County Line to 
	Lake Pillsbury	F

(18) Lassen	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Ash Creek	Mainstem 	A	

Beaver Creek	Mainstem and all tributaries 	C

Cedar Creek	Mainstem and all tributaries 	E	

Cottonwood Creek	Mainstem	A

Hamilton Branch	Mainstem from Lassen-Plumas County Line 
	upstream to Highway 147	D	

Horse Creek	Mainstem and all tributaries from Pit River 
	upstream to Little Valley	C

Pine Creek	Mainstem and all tributaries 	A	

Pit River	Mainstem and all tributaries from Horse 
	Creek upstream to Lassen-Modoc County 
	Line	C

Pit River, South 
Fork	Mainstem and all tributaries 	E	

Secret Creek	Mainstem and all tributaries	D

Smoke Creek	Mainstem	D	

Willow Creek	Mainstem and all tributaries	E

(19) Los Angeles	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Multiple Waters	All rivers and streams in the Los Angeles 
	River watershed, unless otherwise noted 
	below 	E

Multiple Waters	All rivers and streams in San Gabriel 
	Mountains south of SR-2, unless otherwise 
	noted below 	E

Multiple Waters	All rivers and streams in the San Gabriel 
	River watershed, unless otherwise 
	noted below	E

Alder Creek	Mainstem from Big Tujunga Creek upstream 
	to Mule Fork	A	

Aliso Canyon	Mainstem within Angeles National Forest	A

Arrastre Canyon	Mainstem	A	

Arroyo Sequit	Mainstem and all tributaries	A

Bear Canyon Creek	Mainstem and all tributaries 	A	

Bear Gulch	Mainstem	A

Big Mermaids 
Creek	Mainstem	A	

Big Rock Creek, 
South Fork 	Mainstem and all tributaries upstream of 
	Big Rock Creek	A

Big Tujunga Creek	Mainstem and all tributaries from Hansen 
	Flood Control Basin upstream to Big 
	Tujunga Reservoir	E

Big Tujunga Creek	Mainstem from Big Tujunga Reservoir 
	upstream to Alder Creek	A	

Boquet Creek	Mainstem from Santa Clara River upstream 
	to Boquet Reservoir	A

Castaic Creek	Mainstem from Santa Clara River upstream 
	to I-5 crossing	A	

Castaic Creek	Mainstem from Castaic Lake upstream to 
	Bear Canyon	A

Cattle Canyon Creek	Mainstem	A	

Cow Canyon Creek	Mainstem	A

Devil's Canyon	Mainstem	A	

Fish Creek	Mainstem from Castaic Creek upstream to 
	Cienega Spring	A

Fish Canyon Creek 	Mainstem	A	

Little Rock Creek	Mainstem and all tributaries, from Little 
	Rock Reservoir	A

Malibu Creek	Mainstem and all tributaries, unless 
	otherwise noted	E	

Malibu Creek	Mainstem from Pacific Ocean upstream to 
	Rindge Dam	A

Mill Creek	Mainstem from Big Tujunga Creek 
	upstream to Monte Cristo Creek	A	

Pacoima Canyon 
Creek	Mainstem upstream from Pacoima Reservoir	E

Piru Creek	Mainstem from Pyramid Reservoir upstream 
	to Lockwood Creek	A	

Piru Creek	Mainstem from Lake Piru upstream to 
	Fish Creek	A

San Dimas Canyon 
Creek	Mainstem upstream to the San Dimas 
	Reservoir dam	E	

San Francisquito 
Canyon	Mainstem	A

San Gabriel River, 
East Fork 	Mainstem and all tributaries from San 
	Gabriel Reservoir upstream to Cattle 
	Canyon Creek 	E

San Gabriel River, 
East Fork 	Mainstem and all tributaries upstream of 
	Cattle Canyon Creek	A	

San Gabriel River, 
West Fork 	Mainstem upstream from San Gabriel 
	Reservoir 	A

Santa Clara River	Mainstem upstream of Los Angeles-Ventura 
	County line	A	

Topanga Creek	Mainstem from Pacific Ocean to Topanga 
	Canyon Blvd crossing near Cuesta Cala Road	A

Vincent Gulch	Mainstem and tributaries	A	

(20) Madera	

Water	Description	Class

Multiple Waters	All rivers and streams in the County 
	above 4,000 feet elevation	A

Multiple Waters	All rivers and streams in the County from 
	1,000 to 4,000 feet elevation, unless 
	otherwise noted below 	F

Multiple Waters	All rivers and streams in the County 
	below 1,000 feet elevation, unless otherwise 
	noted below	H

San Joaquin River	Mainstem	C	

San Joaquin River	Mainstem between Redinger and 
	Kerckhoff Reservoirs	A

(21) Marin	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	D

Corte Madera 
Creek	Mainstem and all tributaries	A	

Coyote Creek 	All mainstem from San Pablo Bay upstream 
	to Flamingo Road crossing	A

Creamery Bay 
Creek	Mainstem	A	

Easkoot Creek	Mainstem	A

East Schooner 
Creek	Mainstem	A	

Estero Americano	Mainstem and all tributaries	A

Estero San Antonio	Mainstem	A	

Home Ranch Creek	Mainstem	A

Laguna Creek	Mainstem	A	

Lagunitas Creek	Mainstem and all tributaries	A

McKinnon Gulch	Mainstem	A	

Miller Creek 	Mainstem	A

Millerton Gulch	Mainstem and all tributaries	A	

Morse Gulch	Mainstem	A

Muddy Hollow 
Creek	Mainstem	A	

Novato Creek	Mainstem and all tributaries	A

Petaluma River	Mainstem and all tributaries	A	

Pine Gulch Creek	Mainstem and all tributaries	A

Redwood Creek	Mainstem and all tributaries	A	

San Clemente 
Creek	Mainstem	D

San Rafael Creek	Mainstem	D	

Stemple Creek	Mainstem and all tributaries 	A

Stinson Gulch	Mainstem	A	

Walker Creek	Mainstem and all tributaries	A

Wilkins	Mainstem	A	

(22) Mariposa	

Water	Description	Class

Multiple Waters	All rivers and streams in the County 
	above 5,000 feet elevation	A

Multiple Waters	All rivers and streams in the County 
	from 2,000 to 5,000 feet elevation	D	

Multiple Waters	All rivers and streams in the County 
	below 2,000 feet elevation	F

(23) Mendocino	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	F

Albion River	Mainstem and all tributaries 	A	

Big River	Mainstem and all tributaries 	A

Big Salmon Creek	Mainstem and all tributaries 	A	

Caspar Creek	Mainstem and all tributaries 	A

Cottaneva Creek	Mainstem and all tributaries 	A	

Dehaven Creek	Mainstem and all tributaries 	A

Doyle Creek	Mainstem from Pacific Ocean	A	

Elk Creek	Mainstem and all tributaries 	A

Eel River	Mainstem and all tributaries	A	

Garcia River	Mainstem and all tributaries 	A

Gualala River	Mainstem and all tributaries 	A	

Hardy Creek	Mainstem and all tributaries 	A

Hare Creek	Mainstem and all tributaries 	A	

Howard Creek	Mainstem and all tributaries 	A

Juan Creek	Mainstem and all tributaries 	A	

Little River	Mainstem and all tributaries 	A

Little Salmon 
Creek	Mainstem and all tributaries 	A	

Navarro River	Mainstem and all tributaries 	A

Noyo River	Mainstem and all tributaries 	A	

Pudding Creek	Mainstem and all tributaries 	A

Russian Gulch	Mainstem and all tributaries 	A	

Russian River	Mainstem and all tributaries, excluding 
	East Fork Russian River above Coyote Dam	A

Ten Mile River	Mainstem and all tributaries from Pacific 
	Ocean	A	

Usal Creek	Mainstem and all tributaries from Pacific 
	Ocean	A

Wages Creek	Mainstem and all tributaries from Pacific 
	Ocean	A	

(24) Merced	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Multiple Waters	All rivers and streams in the County 
	west of I-5, unless otherwise noted below	D	

Multiple Waters	All rivers and streams in the County 
	east of Highway 99, unless otherwise 
	noted below	C

Merced River	Mainstem	C	

San Joaquin River	Mainstem and all tributaries	C

(25) Modoc	

Stream	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Ash Creek	Mainstem and all tributaries	A	

Boles Creek	Mainstem 	A

Willow Creek 	Mainstem 	A	

Lost River
mainstem 	Mainstem from Clear Lake Reservoir 
	upstream to California-Oregon State Line	A

Lost River 
tributaries	All tributaries	D	

Pit River 	Mainstem and all tributaries, unless 
	otherwise noted	F

Turner Creek 	Mainstem and all tributaries 	A	

Willow Creek	Mainstem from Goose Lake	A

Lassen Creek	Mainstem from Goose Lake	A	

Davis Creek	Mainstem from Goose Lake	A

Pine Creek	Mainstem from Goose Lake	A	

Cottonwood 
Creek	Mainstem from Goose Lake	A

(26) Mono	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below 	H

Unnamed Creeks 	Mainstem of unnamed creeks 
	between Dechambeau Creek and 
	Beartrack Creek	A	

Unnamed Creeks 
(Owens River/Lake 
Crowley drainage)	Mainstem and tributaries of all unnamed 
	creeks within Inyo National Forest, from 
	Willfred Creek west to Deadman Creek	A

Unnamed Creeks 
(Owens River/Lake 
Crowley drainage)	Mainstem and tributaries of all unnamed 
	Creeks within Inyo National Forest, 
	from Dry Creek south to Little Hot Creek	A

Unnamed Creek 
(drains to Mono 
Lake)	Mainstem and all tributaries of unnamed 
	creek west of Dry Creek	A	

Unnamed Creeks	Mainstem and all tributaries, unnamed 
	Creeks east of Lower Rock Creek, from 
	Witcher Creek south to Mono-Inyo 
	County Line	A

Adobe Creek	Mainstem and all tributaries upstream from 
	Inyo National Forest Boundary	A	

Birch Creek	Mainstem and all tributaries 	A

Buckeye Creek	Mainstem and all tributaries upstream of 
	Buckeye Hot Spring	A	

Buckeye Creek	Mainstem and all tributaries downstream of 
	Buckeye Hot Spring	G

ByDay Creek	Mainstem 	A	

Convict Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A

Cowcamp Creek	Mainstem and all tributaries 	A	

Crooked Creek	Mainstem and all tributaries upstream of 
	Lake Crowley	A

Dechambeau 
Creek	Mainstem and all tributaries upstream of 
	Highway 395	A	

Desert Creek 
(drains to 
Fourmile Hill
Creek -- Nevada)	Mainstem and all tributaries 	G

Dexter Creek	Mainstem and all tributaries south of 
	Highway 120	A	

Driveway Creek	Mainstem and all tributaries upstream 
	of Highway 395	A

Dry Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

Dunderberg Creek	Mainstem and all tributaries 	A

East Walker River	Mainstem and all tributaries, unless 
	otherwise noted	G	

Fish Slough	Mainstem, all tributaries, pools and springs	A

Green Creek	Mainstem and all tributaries above 
	Dynamo Pond	A	

Grouse Creek	Mainstem and all tributaries above 
	Highway 395	A

Hilton Creek	Mainstem and all tributaries upstream from 
	Inyo National Forest Boundary	A	

Hot Creek (Little 
Walker River 
tributary north 
of Bridgeport)	Mainstem and all tributaries above Little 
	Walker River	G

Hot Creek (Owens 
River tributary)	Mainstem and all tributaries downstream of 
	Forest Service Road 3S07	E	

Hot Creek (Owens 
River tributary)	Mainstem and all tributaries upstream of 
	downstream of Forest Service Road 3S07	A

Junction Creek	Mainstem and all tributaries 	A	

Labrosse Creek	Mainstem and all tributaries	A

Laurel Creek	Mainstem and all tributaries 	A	

Leidy Creek	Mainstem and all tributaries	A

Lee Vining Creek	Mainstem and all tributaries upstream of 
	Highway 395	A	

Little Hot Creek	Mainstem from Owens River upstream to 
	Inyo National Forest Boundary	E

Little Hot Creek	Mainstem and all tributaries upstream to 
	Inyo National Forest Boundary	A	

Little Walker River	Mainstem and all tributaries upstream of 
	Willow Flat	A

Mammoth Creek	Mainstem and all tributaries upstream of 
	Hot Creek	A	

McGee Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A

McLaughlin Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

Mill Creek (drains 
to West Walker 
River)	Mainstem and all tributaries 	A

Mill Creek (drains 
to Mono Lake)	Mainstem and all tributaries upstream of 
	Highway 395	A	

Molybdnite Creek	Mainstem and all tributaries upstream of 
	Dry Creek	A

Murphy Creek 	Mainstem 	A	

North Canyon 
Creek	Mainstem and all tributaries	A

O'Harrel Canyon 
Creek	Mainstem and all tributaries 	A	

Owens River	Mainstem from Inyo-Mono County Line 
	to Dry Creek confluence 	E

Owens River	Mainstem and all tributaries upstream of 
	Dry Creek	A	

Poison Creek	Mainstem and all tributaries  	A

River Spring Lakes	All ponds in Sections 19, 24 and 30, 
	T01N, R31E	A	

Robinson Creek	Mainstem and all tributaries upstream of 
	Twin Lakes	A

Robinson Creek	Mainstem and all tributaries downstream of 
	Twin Lakes	G	

Rock Creek	Mainstem and all tributaries upstream of 
	Highway 395	A

Rush Creek	Mainstem and all tributaries upstream of 
	Highway 395	A	

Sawmill Creek	Mainstem and all tributaries within Inyo 
	National Forest	A

Silver Creek	Mainstem 	A	

Slinkard Creek	Mainstem and all tributaries 	A

Virginia Creek	Mainstem and all tributaries above Toiyabe 
	National Forest Boundary	A	

Walker Creek	Mainstem and all tributaries upstream of 
	Highway 395	A

West Walker River 
and tributaries	All Mainstem and all tributaries, unless 
	otherwise noted	G	

West Walker River 
tributaries	All tributaries above 7,000 feet, unless 
	otherwise noted	A

Wilfred Creek	Mainstem and all tributaries upstream of 
	Inyo National Forest Boundary	A	

Wolf Creek	Mainstem	A

(27) Monterey	

Water	Description	Class

Multiple Waters	All rivers and streams west of Hwy 101	A

Multiple waters	All rivers and streams east of Hwy 101, 
	unless otherwise noted below	D	

Salinas River 	Mainstem and all tributaries on the west side 
	of the Salinas River 	A

(28) Napa	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	D

Napa River	Mainstem and all tributaries	A	

(29) Nevada	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Bear River	Mainstem and all tributaries from Camp 
	Far West upstream to Lake Combie	C	

Deer Creek	Mainstem and all tributaries from 
	Nevada-Yuba County Line upstream 
	to Lake Wildwood	A

Dry Creek	Mainstem and all tributaries 	C	

East Fork Creek	Mainstem and all tributaries	A

Faucherie Lake 
tributaries	All waters draining to Faucherie Lake	A	

Fordyce Lake 
tributaries	All waters draining to Fordyce Lake	A

Independence Lake 
tributaries	All waters draining to Independence Lake	A	

Macklin Creek	Mainstem and all tributaries	A

Rattlesnake Creek	Mainstem and all tributaries	A	

Truckee River	Mainstem 	G

Truckee River 
tributaries	All tributaries, unless otherwise noted	G	

Yuba River	Mainstem downstream of Englebright 
	Reservoir	A

Yuba River	Mainstem and all tributaries from 
	Englebright Reservoir upstream to the 
	North Fork Yuba River and Middle Fork 
	Yuba River confluence 	C

Yuba River, 
Middle 	Mainstem and all tributaries from 
	Nevada-Yuba County Line upstream to 
	Milton Reservoir, unless otherwise noted	D

Yuba River, 
South Fork 	Mainstem and all tributaries from Yuba 
	River upstream to Lake Spaulding	D	

(30) Orange 	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	E

Cristianitos Creek	Mainstem and all tributaries upstream 
	of San Diego County line	A	

San Juan Creek	Mainstem and all tributaries	A

Santiago Creek	Mainstem and all tributaries upstream of 
	Irvine Lake	A	

Talega Creek	Mainstem	A

(31) Placer	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Multiple Waters	All streams in County further west than 
	the intersection of I-80 and Placer 
	Hills Road, unless otherwise noted below	C

American River, 
Middle Fork 	Mainstem and all tributaries upstream 
	from North Fork American River, unless 
	otherwise noted 	D

American River, 
Middle Fork 	Mainstem upstream from Oxbox Reservoir 
	to Anderson Dam 	F	

American River, 
North Fork	Mainstem and all tributaries from Folsom 
	Lake upstream to Lake Clementine Dam	C

American River, 
North Fork	Mainstem and all tributaries from Lake 
	Clementine Dam to Big Valley Canyon 	D

Lake Tahoe 
tributaries	All waters draining to Lake Tahoe	G	

Pole Creek	Mainstem and all tributaries 	A	

Rubicon River	Mainstem and all tributaries upstream of 
	Oxbow Dam to Parsley Bar crossing 	D

Truckee River	Mainstem and all tributaries	G	

(32) Plumas	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted	H

Antelope Lake 
tributaries	All waters draining to Antelope Lake	A	

Big Ravine	Mainstem and all tributaries 	A

Boulder Creek  
(Little North Fork 
of Middle Fork 
Feather River 
tributary)	Mainstem and all tributaries 	A	

Cooks Creek	Mainstem and all tributaries 	A

Dark Ravine	Mainstem and all tributaries 	A	

Fall River	Mainstem and all tributaries 	A

Feather River, 
Middle Fork 	Mainstem and all tributaries, unless 
	otherwise noted 	D	

Feather River, 
North Fork  	Mainstem and all tributaries from 
	Plumas-Butte County Line to East 
	Branch of North Fork Feather River, 
	unless otherwise noted 	D

Feather River, 
South Fork	Mainstem and all tributaries, unless 
	otherwise noted	D	

Frazier Creek	Mainstem and all tributaries	A

Gray Eagle Creek	Mainstem and all tributaries 	A	

Grizzly Creek 	Mainstem and all tributaries 	A

Last Chance Creek	Mainstem and all tributaries 	A	

Lights Creek, 
West Branch 	Mainstem and all tributaries 	A

Mill Creek	Mainstem and all tributaries upstream 
	from the Bucks Lake Wilderness Boundary	A	

Rock Creek, 
South Fork	Mainstem and all tributaries 	A

Rowland Creek	Mainstem and all tributaries 	A	

Silver Creek	Mainstem and all tributaries 	A

Slate Creek	Mainstem and all tributaries from 
	the Yuba-Plumas County line upstream to 
	Rabbit Creek	D

Slate Creek	Mainstem and all tributaries upstream from 
	Rabbit Creek (including Rabbit Creek)	A	

Sulphur Creek	Mainstem and all tributaries 	A

Warner Creek	Mainstem and all tributaries	A	

Wolf Creek	Mainstem and all tributaries 	A

(33) Riverside	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Multiple Waters	All rivers and streams in the Aliso-San 
	Onofre watershed, unless otherwise 
	noted below	E

Multiple Waters	All rivers and streams in the Santa Ana 
	River watershed, unless otherwise noted	E	

Multiple Waters	All rivers and streams in the Santa 
	Margarita River watershed, unless 
	otherwise noted	E

Multiple Waters	All shoreline pools and irrigation drains 
	within one mile of the Salton Sea	A	

Andreas Creek	Mainstem above 4,000 feet elevation	A

Arroyo Seco Creek	Mainstem upstream of Vail Lake	A	

Bautista Creek	Mainstem, upstream from Fairview Ave 
	crossing	A

Colorado River	Mainstem 	A	

Indian Creek	Mainstem upstream of Lake Fulmor	A

Rialto Drain	Mainstem	E	

Salt Creek	Mainstem and all tributaries	A

San Jacinto River	Mainstem from Sand Canyon upstream 
	to Soboba Indian Reservation boundary	A	

San Jacinto River, 
North Fork 	Mainstem and all tributaries above 4,000 
	feet elevation	A

San Juan Creek	Mainstem and all tributaries	A	

San Mateo Creek	Mainstem and all tributaries	A

Santa Ana River	Mainstem upstream of N Lakeview Ave. 
	crossing 	E	

Santa Ana River	Mainstem upstream of Prado Flood 
	Control Basin 	E

Tahquitz Creek	Mainstem upstream from Willow Creek	A	

Temecula Creek	Mainstem upstream from Vail Lake 	A

Whitewater River	Mainstem upstream from Colorado River 
	Aqueduct	A	

Willow Creek	Mainstem	A

Wilson Creek	Mainstem from Vail Lake upstream to 
	Cahuilla Creek	A	

(34) Sacramento	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	C

Sacramento River 	Mainstem	F	

American River	Mainstem from Sacramento River 
	upstream to Nimbus Dam	A

(35) San Benito	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	D

Pacheco Creek	Mainstem and all tributaries	A	

Pajaro River	Mainstem	A

(36) San Bernardino	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Multiple Waters	All rivers and streams in the Santa Ana 
	River watershed, unless otherwise noted 	
	below	E

Amargosa River	Mainstem from SR-127 crossing upstream 
	to Old Spanish Trail crossing in Tecopa 
	(Inyo Co)	A

Amargosa River	Mainstem from San Bernadino-Inyo 
	County line upstream to Saratoga Springs	A	

Barton Creek, 
East Fork 	Mainstem	A

Cajon Wash	Mainstem and all tributaries	A	

City Creek	Mainstem and all tributaries upstream from 
	Highland Ave crossing	A

Colorado River	Mainstem 	A	

Day Canyon	Mainstem and all tributaries	A

Deep Creek	Mainstem from West Fork Mojave upstream 
	to Holcomb Creek	A	

Grass Valley Creek	Mainstem 	A

Horsethief Creek	Mainstem 	A	

Juniper Springs	All	A

Kinley Creek	Mainstem 	A	

Little Horsethief 
Creek	Mainstem 	A

Lytle Creek 	Mainstem upstream to Miller Narrows	A	

Mojave River	Mainstem from Rock Springs Road 
	crossing to Mojave River Forks Dam	A

Mojave River, 
West Fork	Mainstem and all tributaries, upstream 
	from Silverwood Lake	A	

Mojave River, 
West Fork	Mainstem from Mojave River Forks 
	Dam to SR-173 crossing	A

Shay Creek and 
Vicinity	Mainstem upstream from Baldwin Lake. 
	Vicinity includes Shay Pond, Sugarloaf 
	Pond, Wiebe Pond, Motorcycle Pond, and 
	Baldwin Lake	A

(37) San Diego	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Multiple Waters	All coastal drainages and their tributaries 
	from San Mateo Creek south to the 
	Santa Margarita River	E

Agua Caliente 
Creek	Mainstem 	A	

Arroyo Seco Creek	Mainstem 	A

Boden Canyon	Mainstem	A	

Borrego Palm 
Canyon	Mainstem	A

Campo Creek	Mainstem upstream of Campo Lake	A	

Canebrake Wash	Mainstem	A

Cristianitos Creek	Mainstem 	A	

Cottonwood Creek	Mainstem from Morena Reservoir upstream 
	to I-8 crossing at Buckman Springs	A

Cottonwood Creek	Mainstem from U.S.-Mexico border 
	upstream to Barret Lake	A	

De Luz Creek	Mainstem from Camp De Luz Road 
	crossing upstream to Camp Pendleton 
	Boundary 	A

Guejito Creek	Mainstem 	A	

Horsethief Canyon	Mainstem	A	

Keys Creek	Mainstem	A

Kitchen Creek	Mainstem	A	

La Posta Creek	Mainstem upstream of Morena Reservoir	A

Morena Creek	Mainstem and all tributaries	A	

Palla Creek 	Mainstem	A

Peterson Canyon	Mainstem and all tributaries	A	

Pine Valley Creek	Mainstem and all tributaries upstream of 
	Barret Reservoir	A

San Diego River	Mainstem from SR-67 crossing upstream 
	to El Capitan Lake	A	

San Diego River	Mainstem from El Capitan Lake to 
	Temescal Creek (includes Cedar Creek)	A

San Dieguito River	Mainstem and all tributaries upstream of 
	I-15 crossing	A	

San Felipe Creek	Mainstem 	A

San Luis Rey River	Mainstem and all tributaries	A	

San Vicente Creek	Mainstem from San Vicente Reservoir 
	upstream to Vista Vicente Road crossing	A

Santa Margarita 
River	Mainstem upstream of De Luz Road crossing	A	

Santa Ysabel Creek	Mainstem from Santa Maria Creek upstream 
	to Temescal Creek	A

Santa Ysabel Creek	Mainstem upstream from Lake Sutherland	A	

Sweetwater River	Mainstem from Sycuan Resort upstream to 
	Loveland Reservoir	A

Sweetwater River	Mainstem upstream from Loveland Reservoir	A	

Talega Creek	Mainstem	A

Taylor Creek	Mainstem and all tributaries	A	

Temecula Creek	Mainstem	A

Temescal Creek	Mainstem	A	

Tijuana River	Mainstem	A

Viejas Creek	Mainstem from Sweetwater River upstream 
	to Viejas Indian Reservation	A	

(38) San Francisco	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

(39) San Joaquin	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	C

Multiple Waters	All waters south of I-580	D	

San Joaquin River	Mainstem	F

Mokelumne River	Mainstem from Burella Road upstream to 
	Camache Dam	A	

(40) San Luis Obispo	

Water	Description	Class

Multiple Waters	All rivers and streams west of Hwy 101	A

Multiple Waters	All rivers and streams east of Hwy 101 and 
	south of Highway 41, unless otherwise 
	noted below	D

Multiple Waters	All rivers and streams east of Hwy 101 and 
	north of Highway 41, unless otherwise 
	noted below	H

Arroyo Grande 
Creek	Mainstem and all tributaries	A	

Pismo Creek	Mainstem and all tributaries	A

Salinas River	Mainstem and all tributaries upstream of 
	confluence with the Estrella River 
	(not including Estrella River)	A

San Luis Obispo 
Creek	Mainstem and all tributaries	A	

Santa Maria River	Mainstem	A

(41) San Mateo	

Water	Description	Class

Multiple Waters	All rivers and streams west of I-280, 
	unless otherwise noted below	D

Multiple Waters	All rivers and streams east of I-280, 
	unless otherwise noted below	H	

Multiple Waters	All rivers and streams east of I-280 above 
	200 feet elevation, unless otherwise noted 
	below	D

Ano Nuevo Creek	Mainstem and all tributaries	A	

Arroyo Canada 
Verde	Mainstem and all tributaries	A

Arroyo De En 
Medio	Mainstem and all tributaries	A	

Arroyo De Los 
Frijoles	Mainstem and all tributaries	A

Arroyo Ojo	Mainstem and all tributaries	A	

Belmont Creek	Mainstem and all tributaries	A

Calera Creek	Mainstem and all tributaries	A	

Cascade Creek	Mainstem and all tributaries	A

Colma Creek	Mainstem and all tributaries	A	

Cordilleras Creek	Mainstem and all tributaries	A

Easton Creek	Mainstem and all tributaries	A	

Frenchman's 
Creek	Mainstem and all tributaries	A

Gazos Creek	Mainstem and all tributaries	A	

Green Oaks Creek	Mainstem and all tributaries	A

Laurel Creek	Mainstem and all tributaries	A	

Lobitos Creek	Mainstem and all tributaries	A

Martini Creek	Mainstem and all tributaries	A	

Milagra Creek	Mainstem and all tributaries	A

Mills Creek 	Mainstem and all tributaries	A	

Montara Beach	Mainstem and all tributaries	A

Pescadero Creek	Mainstem and all tributaries	A	

Pilarcitos Creek	Mainstem and all tributaries	A

Point Montara	Mainstem and all tributaries	A	

Pomponio Creek	Mainstem and all tributaries	A

Purisima Creek	Mainstem and all tributaries	A	

San Francisquito 
Creek	Mainstem and all tributaries	A

San Gregorio 
Creek	Mainstem and all tributaries	A	

San Mateo Creek	Mainstem and all tributaries	A

San Pedro Creek	Mainstem and all tributaries	A	

San Vicente Creek	Mainstem and all tributaries	A

Sanchez Creek	Mainstem and all tributaries	A	

Tunitas Creek	Mainstem and all tributaries	A

Whitehouse Creek	Mainstem and all tributaries	A	

Yankee Jim Gulch	Mainstem and all tributaries	A

(42) Santa Barbara	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Multiple Waters	All coastal drainages from Jalama Creek 
	in the north to Rincon Lagoon in the 
	south, unless otherwise noted below	A

Abel Canyon	Mainstem and all tributaries	A	

Alisal Creek	Mainstem and all tributaries	A

El Jaro Creek	Mainstem and all tributaries	A	

Foresters Leap	Mainstem and all tributaries	A

Hilton Creek	Mainstem and all tributaries	A	

Indian Creek	Mainstem	A

Judell Creek	Mainstem and all tributaries	A	

Mono Creek	Mainstem and all tributaries	A

Quiota Creek	Mainstem and all tributaries	A	

San Antonio 
Creek	Mainstem, from mouth up to and including 
	Barka Slough	A

San Lucas Creek	Mainstem and all tributaries	A	

Santa Maria River	Mainstem and all tributaries	A

Santa Ynez River	Mainstem, from the mouth to Lake Cachuma	A	

Santa Ynez River	Mainstem upstream of Gibraltar Reservoir	A

Siquoc River	Mainstem and all tributaries	A	

(43) Santa Clara	

Water	Description	Class

Multiple Waters	All rivers and streams below 1,000 feet 
	elevation, unless otherwise noted below	C

Multiple Waters	All rivers and streams above 1,000 feet 
	elevation, unless otherwise noted below	D	

Adobe Creek	Mainstem and all tributaries	A

Alamitos Creek	Mainstem and all tributaries 	A	

Arroyo Honda	Mainstem and all tributaries	A

Berryessa Creek	Mainstem and all tributaries	A	

Calabazas Creek	Mainstem and all tributaries	A

Caleros Creek	Mainstem and all tributaries 	A	

Carnadero Creek	Mainstem and all tributaries	A

Coyote Creek 	Mainstem	A	

Guadalupe Creek	Mainstem and all tributaries	A

Guadalupe River	Mainstem	A	

Llagas Creek	Mainstem and all tributaries 	A

Los Gatos Creek	Mainstem and all tributaries 	A	

Silver Creek	Mainstem and all tributaries 	A

Matadero Creek	Mainstem and all tributaries	A	

Pacheco Creek	Mainstem and all tributaries	A

Permanente Creek	Mainstem and all tributaries	A	

Pescadero Creek	Mainstem and all tributaries	A

San Francisquito 
Creek	Mainstem and all tributaries	A	

Sargent Creek	Mainstem and all tributaries	A

Stevens Creek	Mainstem and all tributaries	A	

Penetencia Creek	Mainstem and all tributaries	A

Uvas Creek	Mainstem and all tributaries	A	

(44) Santa Cruz	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	D

Aptos Creek	Mainstem and all tributaries	A	

Arana Gulch Creek	Mainstem and all tributaries	A

Baldwin Creek	Mainstem and all tributaries	A	

Corralitos Creek	Mainstem and all tributaries 	A

Coward Creek	Mainstem and all tributaries 	A	

Davenport Landing 
Creek	Mainstem and all tributaries	A

Green Valley Creek	Mainstem and all tributaries 	A	

Laguna Creek	Mainstem and all tributaries	A

Liddell Creek	Mainstem and all tributaries	A	

Majors Creek	Mainstem upstream of SR-1 crossing	A

Mattos Creek	Mainstem and all tributaries 	A	

Molino Creek	Mainstem and all tributaries	A

Pajaro River	Mainstem	A	

Pescadero Creek	Mainstem and all tributaries 	A

Salsipuedes Creek	Mainstem and all tributaries 	A	

San Lorenzo River	Mainstem and all tributaries	A

San Vicente Creek	Mainstem and all tributaries	A	

Scott Creek	Mainstem and all tributaries	A

Soquel Creek	Mainstem and all tributaries	A	

Waddell Creek	Mainstem and all tributaries	A

Wilder Creek	Mainstem and all tributaries	A	

Yellow Bank Creek	Mainstem and all tributaries	A

(45) Shasta	

Water	Description	Class

Multiple Waters	All rivers and streams in the County 
	above 5,000 feet, unless otherwise noted 
	below	H

Multiple Waters	All rivers and streams in the County below 
	5,000 feet, unless otherwise noted 
	below	D

Battle Creek	Mainstem and tributaries, unless otherwise 
	noted below	A	

Battle Creek, 
North Fork	Mainstem and tributaries upstream to 
	Lake McCumber	A

Beegum Creek	Mainstem and all tributaries	A	

Clear Creek	Mainstem from Sacramento River upstream 
	to Whiskeytown Dam	A

Cottonwood Creek	Mainstem	F	

Fall River	Mainstem and all tributaries	A

Hat Creek 	Mainstem and all tributaries	A	

McCloud River	Mainstem and tributaries from Bundoora 
	Springs upstream of Lake McCloud Dam 
	to upper end of Colby Meadows	A

Old Cow Creek	Mainstem upstream to Old Cow Creek 
	Meadows	A	

Pit River	Mainstem from Shasta Lake upstream to 
	Fall River Mills	C

Pit River	Mainstem from Fall River Mills to 
	Shasta-Lassen County Line	A	

Rock Creek	Mainstem	A

Sacramento River 	Mainstem from Shasta-Tehama County 
	Line upstream to Keswick Dam	A	

Sacramento River 
tributaries	All tributaries to the Sacramento River 
	from the Shasta-Tehama County Line to 
	Keswick Dam, unless otherwise noted	C

Screwdriver Creek	Mainstem	A	

Sucker Springs 
Creek	Mainstem 	A

(46) Sierra	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Sulphur Creek	Mainstem and all tributaries 	A	

Slate Creek	Mainstem and all tributaries upstream 
	from the Plumas, Sierra, and Yuba county 
	lines to Rabbit Creek	D

Slate Creek	Mainstem and all tributaries upstream 
	from Rabbit Creek	A	

Frazier Creek	Mainstem and all tributaries 	A

Yuba River, 
Middle 	Mainstem and all tributaries from 
	Sierra-Yuba County Line upstream to 
	Milton Reservoir	D

Yuba River, 
North Fork 	Mainstem and all tributaries from 
	Sierra-Yuba County Line upstream to Ladies 
	Canyon Creek	D

Independence 
Lake tributaries	All waters draining to Independence Lake	A	

Truckee River	Mainstem and all tributaries 	G

Long Valley Creek	Mainstem and all tributaries 	E	

(47) Siskiyou	

Water	Description 	Class

Multiple Waters	All rivers and streams in the County above 
	4,000 feet, unless otherwise noted below	H

Multiple Waters	All rivers and streams in the County 
	below 4,000 feet, unless otherwise noted 
	below	F

Salmon River, 
South Fork	Mainstem from French Creek upstream to 
	St. Claire Creek	A	

Salmon River	Mainstem upstream to Freight Train Rapid 
	at river mile 8 (RM8)	A

Applegate River	Mainstem and all tributaries 	C	

Beaver Creek	Mainstem 	A

Bogus Creek	Mainstem 	A	

Bybee Creek	Mainstem 	A

Cade Creek	Mainstem 	A	

Camp Creek	Mainstem	A

Canyon Creek	Mainstem 	A	

China Creek	Mainstem 	A

Clear Creek	Mainstem 	A	

Cottonwood Creek 
(tributary to 
Klamath River)	Mainstem	A

Dillon Creek	Mainstem	A	

Dunn Creek 	Mainstem	A

Elk Creek 
(tributary to 
Klamath River)	Mainstem 	A	

Fort Goff Creek	Mainstem 	A

French Creek	Mainstem 	A	

Grider Creek	Mainstem	A

Horse Creek	Mainstem 	A	

Humbug Creek	Mainstem 	A

Illinois River,
East Fork 	Mainstem	A	

Independence 
Creek	Mainstem 	A	

Indian Creek 
(tributary to 
Klamath River)	Mainstem 	A

Jenny Creek	Mainstem from Iron Gate Reservoir 
	upstream to California-Oregon State Line	A	

King Creek 	Mainstem 	A

Klamath River	Mainstem from Iron Gate Reservoir 
	upstream to California-Oregon State Line	A	

Little Grider Creek	Mainstem 	A

Little Horse Creek	Mainstem 	A	

Portuguese Creek	Mainstem 	A

Seiad Creek	Mainstem upstream to the confluence of the 
	East and West Forks of Seiad Creek	A	

Shackleford Creek	Mainstem 	A

Shasta River	Mainstem and all tributaries upstream 
	of County Road A12	A	

Stanshaw Creek	Mainstem	A

Sugar Creek	Mainstem 	A	

Thompson Creek	Mainstem 	A

Titus Creek	Mainstem 	A	

Ukonom Creek	Mainstem 	A

Walker Creek	Mainstem 	A	

Wooley Creek	Mainstem and tributaries	A

Special Closures for Thermal Refugia in the Salmon River Watershed

A 200-foot radius* at the confluence of each of the following 
waters with the Salmon River (or its tributaries) is designated Class A:

Water Name	Location in Salmon River Watershed

Big Creek	Confluence with North Fork of Salmon River

Black Bear Creek	Confluence with South Fork Salmon River

Butler Creek	Confluence with mainstem of Salmon River

Crapo Creek	Confluence with mainstem of Salmon River

Eddy Gulch	Confluence with North Fork of Salmon River

Horn Creek	Confluence with mainstem of Salmon River

Indian Creek	Confluence with South Fork Salmon River

Jackass Gulch	Confluence with North Fork of Salmon River

Jessups Gulch	Confluence with North Fork of Salmon River

Jones Gulch	Confluence with North Fork of Salmon River

Little North 
Fork Salmon River 	Confluence with North Fork of Salmon River

Knownothing 
Creek	Confluence with South Fork of Salmon River

Matthews Creek	Confluence with South Fork of Salmon River

McNeal Creek	Confluence with South Fork of Salmon River

Merrill Creek	Confluence with mainstem of Salmon River

Methodist Creek	Confluence with South Fork of Salmon River

Monte Creek	Confluence with mainstem of Salmon River

Morehouse Creek	Confluence with mainstem of Salmon River

Nordheimer Creek	Confluence with mainstem of Salmon River

Plummer Creek	Confluence with South Fork of Salmon River

Sainte Claire Creek	Confluence with South Fork of Salmon River

Shiltos Creek	Confluence with North Fork of Salmon River

Somes Creek	Confluence with mainstem of Salmon River

Wooley Creek	Confluence with mainstem of Salmon River	

Special Closures for Thermal Refugia in Klamath River Watershed
A 200-foot radius* at the confluence of each of the following 
waters and the Klamath River is designated Class A:

Water Name		

Aubrey Creek		

Barkhouse Creek		

Beaver Creek		

Bogus Creek		

Cade Creek		

Canyon Creek		

China Creek		

Clear Creek		

Coon Creek		

Cottonwood Creek		

Crawford Creek		

Dillon Creek		

Doggett Creek		

Dona Creek		

Elk Creek		

Elliott Creek		

Empire Creek		

Fort Goff Creek		

Grider Creek		

Halverson Creek		

Horse Creek		

Humbug Creek		

Independence Creek		

Indian Creek		

Irving Creek		

King Creek		

Kohl Creek		

Kuntz Creek		

Ladds Creek		

Little Grider Creek	

Little Horse Creek

Little Humbug Creek

Lumgrey Creek

McKinney Creek

Mill Creek

Natuket Creek

Negro Creek

O'Neil Creek

Oak Flat Creek

Portuguese Creek

Reynolds Creek

Rock Creek

Rogers Creek

Salmon River

Sandy Bar Creek

Scott River

Seiad Creek

Shasta River

Stanshaw Creek

Swillup Creek

Teneyck Creek

Thomas Creek

Thompson Creek

Ti Creek

Titus Creek

Tom Martin Creek

Ukonom Creek

Walker Creek

Wilson Creek

*Pursuant to Fish and Game Code 5653(d) it is unlawful to possess a vacuum 	or suction dredge in areas, or in or within 100 yards of waters, that are closed 	to the use of vacuum or suction dredges. Therefore, the effective closure at thermal refugia locations is a 500-foot radius from the center-line of the confluence of the tributary stream with the mainstem river.	

(48) Solano	

Water	Description	Class

Multiple Waters	All rivers and streams in the County below 
	300 feet elevation, unless otherwise noted 
	below	H

Multiple Waters	All rivers and streams in the County 
	above 300 feet elevation, unless otherwise 
	noted below	D

Cordelia Slough	Mainstem and all tributaries	A	

Frank Horan 
Slough	Mainstem and all tributaries	A

Green Valley 
Creek	Mainstem and all tributaries	A	

Napa River	Mainstem and all tributaries	A

Suisun Creek	Mainstem and all tributaries	A	

(49) Sonoma	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	D

Estero Americano	Mainstem and all tributaries	A	

Fort Ross Creek	Mainstem and all tributaries	A

Gualala River	Mainstem and all tributaries	A	

Kolmer Gulch	Mainstem and all tributaries	A

Petaluma River	Mainstem and all tributaries	A	

Russian River	Mainstem and all tributaries, excluding 
	Dry Creek above Warm Springs Dam	A

Russian Gulch 
Creek	Mainstem and all tributaries	A	

Salmon Creek	Mainstem and all tributaries	A

Schell Creek	Mainstem and all tributaries	A	

Sonoma Creek	Mainstem and all tributaries	A

Tolay Creek	Mainstem and all tributaries	A	

(50) Stanislaus	

Water	Description	Class

Multiple Waters	All rivers and streams in the County 
	west of I-5 	D

Multiple Waters	All rivers and streams in the County 
	east of I-5, unless otherwise noted	H	

San Joaquin River	Mainstem 	C

Stanislaus River	Mainstem upstream to Tulloch Dam	C	

Tuolumne River	Mainstem upstream to La Grange Dam	C

(51) Sutter	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	C

Butte Creek	Mainstem	A	

Feather River	Mainstem	A

Sacramento River	Mainstem	F	

(52) Tehama	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	F

Multiple Waters	All rivers and streams in the County east 
	of State Hwy 32	A	

Antelope Creek	Mainstem 	A

Antelope Creek, 
South Fork	Mainstem upstream to South Fork Gun Club	A	

Antelope Creek, 
North Fork	Mainstem upstream to Judd Creek	A

Beegum Creek	Mainstem and all tributaries	A	

Butte Creek	Mainstem and all tributaries from 
	Tehama-Butte County Line	A

Carter Creek	Mainstem from Deer Creek	A	

Colby Creek	Mainstem from Tehama-Butte County Line	A

Deer Creek	Mainstem from Sacramento River to 
	Deer Creek Falls	A	

Mill Creek	Mainstem from Sacramento River to 
	Lassen National Park Boundary	A

Sacramento River	Mainstem from Tehama-Butte County 
	Line to Tehama-Shasta County Line	A	

Willow Creek	Mainstem 	A

(53) Trinity	

Water	Description 	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	F

Big French Creek	Mainstem 	A	

Browns Creek	Mainstem	A

Canyon Creek	Mainstem from confluence with Trinity 
	River, upstream to Rarick Gulch	A	

Dutch Creek	Mainstem 	A

Grass Valley Creek	Mainstem 	A	

Indian Creek	Mainstem to confluence with South Fork 
	Indian Creek	A

Manzanita Creek	Mainstem	A	

New River	Mainstem and all tributaries upstream from 
	East Fork New River	A

New River, 
East Fork	Mainstem and all tributaries 	A	

Price Creek	Mainstem	A

Reading Creek 	Mainstem 	A	

Rush Creek 	Mainstem 	A

Soldier Creek	Mainstem 	A	

Trinity River	Confluence with Klamath River to the 
	South Fork Trinity River	A

Trinity River	Mainstem from South Fork Trinity 
	River upstream to North Fork Trinity River	D	

Trinity River	Mainstem from North Fork Trinity 
	River upstream to Grass Valley Creek 	C

Trinity River	Mainstem and all tributaries from 
	confluence with Grass Valley Creek 
	upstream to Lewiston Dam 	A

Trinity River	Mainstem and all tributaries upstream 
	of Lewiston Dam	D	

Trinity River, 
East Fork of 
North Fork	Mainstem from North Fork Trinity River 
	upstream to Enterprise Mine at Noonan 
	Gulch 	A

Trinity River, 
North Fork 	Mainstem and all tributaries to the 
	wilderness boundary at Hobo Gulch	A	

Trinity River, 
South Fork 	Mainstem and all tributaries	A

Weaver Creek	Mainstem and all tributaries	A	

(54) Tulare	

Water	Description	Class

Multiple Waters	All rivers and streams in the County 
	above 4,000 feet elevation	A

Multiple Waters	All rivers and streams in the County 
	between 1,000 and 4,000 feet elevation	F	

Multiple Waters	All rivers and streams in the County 
	below 1,000 feet elevation	H

(55) Tuolumne	

Water	Description	Class

Multiple Waters	All rivers and streams in the County 
	above 5,500 feet elevation	A

Multiple Waters	All rivers and streams in the County 
	from 2,000 feet to 5,500 feet elevation, 
	unless otherwise noted below	D

Multiple Waters	All rivers and streams in the County 
	below 2,000 feet elevation, unless otherwise 
	noted below	F

Delaney Creek 
(Tuolumne River 
tributary)	Mainstem 	A	

Six Bit Gulch	Mainstem and all tributaries	B

Rebecca Creek 
(tributary to Don 
Pedro Reservoir)	Mainstem	B	

Minnow Creek 
(tributary to Don 
Pedro Reservoir)	Mainstem	B

(56) Ventura	

Water	Description	Class

Multiple Waters	All rivers and streams in the County, 
	unless otherwise noted below	H

Agua Blanca 
Creek	Mainstem	A	

Hopper Creek	Mainstem and all tributaries	A

Las Virgenes 
Creek	Mainstem	A	

Magu Lagoon	Mainstem from Pacific Ocean to SR-1 
	crossing	A

Malibu Creek	Mainstem and all tributaries, unless 
	otherwise noted	E	

Piru Creek	Mainstem from Pyramid Reservoir to 
	Lockwood Creek	A

Santa Clara River	Mainstem from Pacific Ocean to Piru Creek 	A	

Santa Paula Creek	Mainstem	A

Sespe Creek	Mainstem and all tributaries	A	

Sisar Creek	Mainstem	A

Ventura River	Mainstem and all tributaries	A	

(57) Yolo	

Water	Description	Class

Multiple Waters	All rivers and streams in the County east 
	of I-5 or I-505 (whichever is further west), 
	unless otherwise noted below	C

Multiple Waters	All rivers and streams in the County west 
	of I-5 or I-505 (whichever is further 
	west), unless otherwise noted below	F

Sacramento River	Mainstem	F	

(58) Yuba	

Water	Description	Class

Multiple Waters	All rivers and streams in the  County west 
	of Bullards Bar Reservoir, unless otherwise 
	noted below	C

Dry Creek	Mainstem upstream to Merle Collins 
	Reservoir	A	

Sacramento River	Mainstem	F

Slate Creek	Mainstem and all tributaries from the 
	North Fork Yuba River upstream to 
	Yuba-Plumas County Line	D

Yuba River	Mainstem from Feather River to 
	Englebright Reservoir	A	

Yuba River, 
Middle 	Mainstem from Yuba River upstream 
	to Yuba-Sierra County Line	D

Yuba River, 
North Fork 	Mainstem and all tributaries from New 
	Bullards Bar Reservoir upstream to 
	Yuba-Sierra County Line	D
NOTE

Authority cited: Sections 5653 and 5653.9, Fish and Game Code. Reference: Sections 5653-5653.9, Fish and Game Code.
HISTORY

1. New section filed 5-27-94; operative 5-27-94 (Register 94, No. 21).
2. Amendment of subsections (a)(3)-(7), repealer and new subsections (b)-(b)(58) and repealer of subsections (c)-(d)(114) filed 4-27-2012; operative 4-27-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 17). 
§230. Issuance of Permits for Contests Offering Prizes for the Taking of Game Fish.
Note     •     History

(a) Definition of Contests.
(1) Type A Contest. Type A contests are those events offering prizes totaling more than $1,000 in value or with more than 50 participants. Type A contests may not exceed three days in duration and no more than one Type A event may be held at any water on the same day for the same game fish category listed in subsection 230(b)(1). If two or more applicants have requested a permit for the same date for a water, the application received first shall be given priority except for black bass contests, see subsection (b)(1)(A) through (D), below.
(See subsection 230(e) re: additional restrictions for black bass events.)
(2) Type B Contest. Type B contests are those events offering prizes of $1,000 or less and with 50 or fewer participants.
(b) Issuance of Permits.
(1) Revocable permits to conduct fishing contests (including tournaments, derbies or tagged fish contests) may be issued by the department to any person (as defined by section 67, Fish and Game Code) authorizing the permittee to offer prizes or other inducements for the taking of game fish. The department shall issue such permits if it determines the proposed contest(s) would not be detrimental to the resource. For the purposes of this section, game fish are defined as the following: white sturgeon and green sturgeon; American shad; salmon and trout--all species; goldfish; common carp; hardhead; Sacramento squawfish; western sucker; catfish and bullheads--all species; striped bass; white bass; black bass and sunfish--all species; tilapia--all species; sargo; bairdiella; and orangemouth corvina. Procedures for issuing event permits for black bass fishing contests are specified in subsections (A) through (D), below:
(A) A random drawing will be conducted by department personnel to issue Type A permits for black bass fishing contests during July of the year preceding the contest date. Drawings will be conducted the second Friday of July for bodies of water north of the Tehachapi Mountains and the third Friday of July for waters south of the Tehachapi Mountains. Applications will not be accepted prior to July 1 of the year preceding the calendar year in which a contest is proposed.
(B) Applicants may submit a completed application(s) (including appropriate fees) to the appropriate department office (see Section 230(b)(2)) or attend the random drawings in person. Applications received prior to the random drawings must be prioritized by the applicant and if not, will be drawn in chronological order based on the contest date. Prior to the drawing, a random number will be assigned to each applicant in attendance and to each group of applications submitted by an individual not in attendance. A series of random drawings of the assigned numbers will be conducted by department personnel and one application accepted for each number drawn. Only one application shall be accepted from each applicant during each consecutive round of the drawing process. Rounds of drawings will be conducted until all applications have been accepted, or there are no more available dates for a given body of water, whichever occurs first.
(C) Immediately following the drawing(s), the fees for all successful applications not already submitted must be paid to the department.
(D) Permits for applications received after the drawings will be issued in chronological order of receipt, subject to availability.
(2) Application shall be made on a standard form provided by the department (APPLICATION FOR PERMIT TO OFFER PRIZES FOR TAKING GAME FISH, FG 775 (Rev. 11/98)), which is incorporated by reference herein), and shall include the name of the sponsor, if any, and the name and address of the applicant, the telephone number where the applicant can be reached, and for each contest: the location and date of the event, total value of the prizes, and expected number of participants. The application must be signed by the applicant. Applications for Type B contests should be submitted to the regional office (see map and addresses of Regional offices attached to application form FG 775 (Rev. 11/98)) nearest to the applicant. Applications for Type A permits must be submitted to the department regional office for the region where the contest(s) is proposed.
(3) The application shall be submitted to the department at least 30 days prior to the proposed contest(s).
(4) Applications will not be accepted prior to July 1 of the year preceding the calendar year in which any contest is proposed.
(5) The department will consider requests for adjustments to approved Type A contest dates, if such requests are received by the issuing regional office not later than 30 days prior to the contest date to be changed.
(6) Permits are not transferable.
(7) Event and Annual Permits.
(A) An Event Permit will be issued for each Type A contest (see subsection 230(a)(1)).
(B) An Annual Permit will be issued on a calendar year basis to cover all Type B Contests (see subsection 230(a)(2)) proposed for that year.
(8) Cost of permit: See subsection 699(b) of these regulations for the fee for this permit.
(c) Observer Requirement. An employee of the department may be assigned as an observer and be present at any contest. The applicant shall reimburse the department $100 per day for the cost of the observer's services and all associated administrative and incidental costs.
(d) Compliance with Sport Fishing Regulations. 
(1) No provisions of these regulations exempt any participant in a contest from the sport fishing regulations, except that the department may, for permitted contests, authorize an exemption to: 
(A) Regulations which impose an increased minimum size limit larger than 12 inches, a slot size limit, or a reduced bag limit less than five fish for Type A contests, and;
(B) Daily bag and possession limits for all permitted black bass contests, insofar that once the daily bag and possession limit has been reached by an individual angler, that same angler may continue to fish under the condition that each additional fish caught must immediately be returned to the water alive and in good condition, or be used to replace a fish being maintained alive and in good condition from the participant's livewell or other suitable holding facility.
(2) To prevent the movement of live fish from one body of water to another, the department also may establish permit conditions governing the movement of live fish associated with tournament activities.
(e) Additional Restrictions for Black Bass Contests.
(1) Insofar as possible, all fish shall be returned to the water alive and in good condition, except the department may for scientific or management purposes, take possession of any fish caught during the contest and provide for retention of unusually large fish by participants. The department shall notify the permittee or his designated representative of such exceptions prior to the start of the contest.
(2) All contestants shall have facilities for keeping bass alive and in good condition. The contest or department officials shall have the authority to disqualify any individual from competing if suitable facilities are not available.
(3) Only artificial lures may be used.
(f) Special Conditions. To provide for the welfare of fish populations or individual fish, the department may impose special conditions not specifically covered herein for any contest. The Department shall provide such conditions in writing to the applicant when issuing the permit. The applicant shall provide copies or otherwise inform every participant of the special conditions. It is unlawful for any person participating in a contest permitted under the authority of this Section to violate any condition of the permit.
(g) Submission of Reports. Permittees shall complete and return a report on a standard form (attached to application form FG 775(6/90)) provided by the department, or an equivalent form, within 30 days after the completion of each contest. The permittee shall answer all the questions thereon relating to the contest, so that department personnel may monitor the impact of such events on fisheries resources.
(h) Revocation or Denial of Permits. Failure of a permittee to comply with the provisions of this section, and any special conditions applied under this section, can result in the revocation of current permits or denial of applications for future permits, as determined by the department.
NOTE

Authority: Sections 1050 and 2003, Fish and Game Code. Reference: Sections 711, 713, 1050 and 2003, Fish and Game Code.
HISTORY

1. New section filed 1-24-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 4).
2. Amendment of NOTE filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
3. Amendment of subsection (f)(5) filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
4. Amendment filed 4-11-85; effective thirtieth day thereafter (Register 85, No. 15).
5. Amendment filed 5-19-86; effective thirtieth day thereafter (Register 86, No. 21).
6. Amendment filed 6-15-88; operative 7-15-88; (Register 88, No. 27).
7. Change without regulatory effect filed 7-28-88; operative 8-27-88 (Register 88, No. 33).
8. Amendment filed 9-19-90; operative 9-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 44).
9. Amendment of subsection (b) and nonsubstantive amendment of NOTE filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
10. Amendment of subsection (d) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
11. Amendment of subsections (a)(1), (b)6)(B) and (d), including new subsection designators (d)(1)-(3), filed 1-16-97; operative 1-16-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 3).
12. Repealer of subsection (d)(2), subsection renumbering, and amendment of newly designated subsection (d)(2) filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
13. Amendment of subsections (b)(2), (b)(4), (e) and (f) filed 1-19-99; operative 2-18-99 (Register 99, No. 4).
14. Amendment of subsections (a)(1) and (b)(1), new subsections (b)(1)(A)-(D) and amendment of subsection (b)(4) filed 6-30-2003; operative 6-30-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 27).
15. Amendment of subsection (d)(1), including redesignation of portion of former subsection (d)(1) to subsection (d)(1)(A) and new subsection (d)(1)(B) filed 8-23-2005; operative 9-22-2005 (Register 2005, No. 34).
§231. Exchanging of Sport-Caught Fish.
Note     •     History

(a) A sport-caught fish exchange permit is required of any person or persons who exchange fresh fish taken under the authority of a sport fishing license for filleted, smoked or canned fish as provided in this section. Upon application and payment of $53.25, the department shall issue such permits.
(1) Where Issued. Permits shall be issued at department offices in San Diego, Long Beach, Monterey, Menlo Park, Eureka, Redding, Yountville and the License and Revenue Branch in Sacramento.
(2) Limitations of Permit. Permits are nontransferable.
(3) Duration of Permit. Permits shall be valid from January 1 to December 31, inclusive or if issued after the beginning of that term, for the remainder thereof.
(b) Authorized Species. Any legally taken species of sport-caught fish may be possessed for filleting, smoking or canning if the same fish is returned to the angler or if the fish is exchanged pound for pound, adjusted for loss during processing, or exchanged according to (c) below for various tunas. A reasonable fee to cover processing costs may be charged. The following species may be possessed for canning only, as authorized in subsection (c) below: albacore, bluefin tuna, yellowfin tuna, bigeye tuna, skipjack, and yellowtail. For the purpose of this section, skipjack and yellowtail are included as tuna along with bigeye, bluefin and yellowfin.
(c) Exchange Process.
(1) Permittees may accept tuna for canning and provide in exchange one (1) six ounce can of albacore (white meat) tuna at no cost as follows:
(A) For each pound of tuna received, if the sale price of tuna to the permittee is greater than $4,470.00 per ton.
(B) For each two (2) pounds of tuna received, if the sale price of tuna to the permittee is less than $4,470.00, but greater than $2,240.00 per ton.
(C) For each three (3) pounds of tuna received, if the sale price of tuna to the permittee is less than $2,240.00, but greater than $1,490.00 per ton.
(D) For each four (4) pounds of tuna received, if the sale price of tuna to the permittee is less than $1,490.00, but greater than $1,120.00 per ton.
(E) For each five (5) pounds of tuna received, if the sale price of tuna to the permittee is less than $1,120.00, but greater than $900.00 per ton.
(F) For each six (6) pounds of tuna received, if the sale price of tuna to the permittee is less than $900.00, but greater than $750.00 per ton.
(G) For each seven (7) pounds of tuna received, if the sale price of tuna to the permittee is less than $750.00, but greater than $640.00 per ton.
(H) For each eight (8) pounds of tuna received, if the sale price of tuna to the permittee is less than $640.00, but greater than $560.00 per ton.
(I) For each nine (9) pounds of tuna received, if the sale price of tuna to the permittee is less than $560.00, but greater than $500.00 per ton.
(J) For each ten (10) pounds of tuna received, if the sale price of tuna to the permittee is less than $500.00, but greater than $450.00 per ton.
(K) For each eleven (11) pounds of tuna received, if the sale price of tuna to the permittee is less than $450.00, but greater than $410.00 per ton.
(L) For each twelve (12) pounds of tuna received, if the sale price of tuna to the permittee is less than $410.00, but greater than $370.00 per ton.
(2) Permittees may accept tuna for canning and provide in exchange one (1) six ounce can of yellowfin (light meat) tuna at no cost as follows:
(A) For each one (1) pound of tuna received, if the sale price of tuna to the permittee is greater than $2,280.00 per ton.
(B) For each two (2) pounds of tuna received, if the sale price of tuna to the permittee is less than $2,280.00, but greater than $1,140.00 per ton.
(C) For each three (3) pounds of tuna received, if the sale price of tuna to the permittee is less than $1,140.00, but greater than $760.00 per ton.
(D) For each four (4) pounds of tuna received, if the sale price of tuna to the permittee is less than $760.00, but greater than $570.00 per ton.
(E) For each five (5) pounds of tuna received, if the sale price of tuna to the permittee is less than $570.00, but greater than $460.00 per ton.
(F) For each six (6) pounds of tuna received, if the sale price of tuna to the permittee is less than $460.00, but greater than $380.00 per ton.
(G) For each seven (7) pounds of tuna received, if the sale price of tuna to the permittee is less than $380.00, but greater than $330.00 per ton.
(H) For each eight (8) pounds of tuna received, if the sale price of tuna to the permittee is less than $330.00, but greater than $290.00 per ton.
(I) For each nine (9) pounds of tuna received, if the sale price of tuna to the permittee is less than $290.00, but greater than $260.00 per ton.
(J) For each ten (10) pounds of tuna received, if the sale price of tuna to the permittee is less than $260.00, but greater than $230.00 per ton.
(K) For each eleven (11) pounds of tuna received, if the sale price of tuna to the permittee is less than $230.00, but greater than $210.00 per ton.
(L) For each twelve (12) pounds of tuna received, if the sale price of tuna to the permittee is less than $210.00, but greater than $190.00 per ton.
(3) Cans of fish exchanged shall be indelibly marked or embossed with “Not for Sale” or “Illegal to Sell”.
(4) Fish received for processing under this subsection may only be used for canning. Tuna, except yellowtail, not returned to the angler may be canned and sold or sold to a cannery for the purpose of canning. Tuna not acceptable for canning may be sold for reduction purposes. Yellowtail must be donated to a non-profit charitable institution for food purposes only and may be fresh or processed.
(d) Species Limitation. Salmon may only be exchanged for salmon. Striped bass may only be exchanged for striped bass. Tuna may only be exchanged for tuna.
(e) Records. Immediately upon receiving fish, a permittee shall record the name, address and fishing license number of the angler, the date the fish were received and the number and weight of all fish by species received from that angler. At the time the fish are returned to the angler or otherwise disposed of, the permittee shall record the species and weight of the fish returned or if not returned to the angler, the disposition of the fish, and the date of return or disposition. Permittees shall keep and maintain all records required by these regulations at their place of business for three years and shall make them available to authorized department personnel upon demand.
(f) Transportation. Permittees may transport or provide for the transportation of tuna to canneries or processing facilities outside of California. Fish being transported shall be  accompanied by a bill of lading, waybill, invoice or similar accountable document showing the name and address of the consignor, the name and address of the consignee and a listing of all fish by species and the number or weight of each species.
(g) Marking. All fish shall be marked by the permittee by removing the entire upper lobe of the tail. This marking shall be done in the presence of the person delivering such fish. Fish so marked shall be kept separate from commercially taken fish until transported to a cannery or processing facility.
(h) Waste. It shall be unlawful for any person to allow the deterioration or waste of any sport-caught fish.
(i) Revocation of Permits. Any permit may be revoked or suspended by the commission upon a violation by the permittee or the permittee's agent, servant, employee or person acting under the permittee's direction or control of any provision of these regulations or of the provisions of the Fish and Game Code relating to the receiving, processing or sale of fish taken under authority of a sport fishing license.
NOTE

Authority cited: Sections 200, 202, 205, 713, 5510, 7121, 7701 and 7708, Fish and Game Code. Reference: Sections 200-202, 1050, 5510, 7121, 7701 and 7708, Fish and Game Code.
HISTORY

1. New section filed 3-28-86; effective upon filing pursuant to Government Code section 11346.2(d) (Register 86, No. 13).
2. Amendment of subsections (a)-(c) and repealer of subsection (f) filed 2-25-88; operative 3-26-88 (Register 88, No. 10).
3. Amendment of subsections (b) and (c) filed 11-21-89 as an emergency; operative 11-21-89 (Register 89, No. 47). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 3-21-90.
4. Reinstatement of subsections (b) and (c) as they existed prior to emergency amendment filed 11-21-89 by operation of Government Code section 11346.1(f) (Register 90, No. 31).
5. Amendment of subsections (b), (c) and (e) filed 6-8-90; operative 6-8-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 31).
6. Amendment of subsection (e) filed 6-27-91; operative 7-29-91 (Register 91, No. 40).
7. Amendment of subsection (a)(3) filed 9-9-92; operative 10-9-92 (Register 92, No. 37).
8. Editorial correction of printing error in subsections (c)(4) and (d) filed 7-19-93; operative 8-18-93 (Register 93, No. 30).
9. Amendment of subsections (c)(1)(A)-(c)(3)(D) and new subsection (c)(2)(F) filed 7-19-93; operative 8-18-93 (Register 93, No. 30).
10. Amendment of section heading, subsections (a) and (c)(5) and Note filed 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 10-16-95 order including amendment of subsections (a), (b), (c)(1)(C), (c)(5) and (e), repealer of subsection (f) and subsection relettering, and amendment of newly designated subsections (f) and (g) transmitted to OAL 2-9-96 and filed 3-13-96 (Register 96, No. 11).
12. Amendment of subsections (a)(1), (b) and (c)(1), repealer of subsections (c)(1)(A)-(c)(3)(D) and new subsections (c)(1)(A)-(c)(2)(L) filed 8-16-2000; operative 9-15-2000 (Register 2000, No. 33).
13. Change without regulatory effect renumbering former subsections (c)(4) and (c)(5) to subsections (c)(3) and (c)(4) filed 10-31-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 44).
14. Change without regulatory effect amending subsection (a) and amending Note filed 5-11-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 19).
15. Change without regulatory effect amending subsection (a) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
Chapter 9. Aquaculture
§235. Aquaculture Registration.
Note     •     History

(a) Registration Required. Pursuant to the provisions of Section 15101 of the Fish and Game Code, all aquaculture facilities must be registered with the department each year. For purposes of Chapter 9, Subdivision 1, Division 1, Title 14, California Code of Regulations, an aquaculture facility is one that is devoted to the propagation, cultivation, maintenance and harvesting of aquatic plants and animals in marine, brackish or fresh water. This registration is not required for: the maintenance of koi and goldfish in closed systems for personal, pet or hobby purposes; the harvest and sale of brine shrimp; and the sale or cultivation of tropical species of ornamental marine or fresh water plants or animals, not utilized for human consumption or bait purposes, but maintained in closed systems for personal, pet industry or hobby purposes.
(1) Who Shall Register. The owner of each aquaculture facility shall register each year on forms provided by the department. Individual forms must be completed for each aquaculture facility location. Application forms and a list of laws and regulations governing aquaculture are available from the department's Aquaculture Development Section, 1416 Ninth Street, Sacramento 95814, and from the department's regional offices in Redding, Yountville, Rancho Cordova, Fresno, Long Beach and Menlo Park, on request.
(2) Cost of Registration. The registration fee for each new registered owner or operator shall be the fee specified in Section 15101(b) of the Fish and Game Code.
(3) Where to Submit Applications. Application forms together with the registration fee shall be submitted to one of the department's regional offices listed in subsection (1) above. Applications will be processed within five working days after approval. Applications shall be made on a form (Application for Aquaculture Registration, FG 750 (2/91), which is incorporated by reference herein) supplied by the department.
(b) Registration Limitation. The applicant must certify that he/she has read, understands and agrees to be bound by the regulations of the com--mission and the Fish and Game Code sections governing aquaculture and its products.
(c) Duration of Registration. The annual term of registration shall be January 1 to December 31, or if issued after the beginning of such term, for the remainder of that calendar year. Aquaculturists must reregister their facilities by March 1 of each year. Reregistration (renewal) fees shall be the amount specified in Section 15101(b) of the Fish and Game Code. An additional surcharge, specified in Section 15103 of the Fish and Game Code, shall be paid at the time of renewal if the proceeds from sale of  aquaculture products of the facility in the preceding year exceed $25,000. Penalties for late renewal will be assessed in accordance with Section 15104 of the Fish and Game Code. Anyone failing to register under this section shall be operating unlawfully.
(d) All permits specified in this chapter, in addition to the aquaculture registration issued pursuant to Section 15101 of the Fish and Game Code, shall be issued under the following conditions:
(1) Where Issued. Requests for permits required in Chapter 9, unless specifically directed otherwise, shall be submitted to the Department of Fish and Game Aquaculture Development Section, 1416 Ninth Street, Sacramento, CA 95814.
(2) Cost of Permit. Except as otherwise provided, see Section 15101 of the Fish and Game Code.
(3) Duration of Permits. Except as otherwise provided, permits will be issued on a calendar year basis, or if issued after January 1, for the remainder thereof.
NOTE

Authority cited: Sections 1050, 15005, 15101, 15102, 15103, 15104 and 15200, Fish and Game Code. Reference: Sections 15000-15005 and 15100-15102, Fish and Game Code.
HISTORY

1. New chapter 9 (sections 235-240, not consecutive) filed 4-1-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 14).
2. Amendment of subsection (a) filed 7-8-87; operative 8-7-87 (Register 87, No. 29).
3. Amendment filed 7-25-88; operative 7-25-88 (Register 88, No. 32).
4. Amendment of subsection (d) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
5. Amendment of subsections (a), (c), (d) and Note filed 7-24-91; operative 8-23-91 (Register 92, No. 8). 
6. Change without regulatory effect amending subsection (d)(2) filed 11-20-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 15).
7. Amendment of subsection (a) filed 9-7-2000; operative 10-7-2000 (Register 2000, No. 36).
§235.1. Screening Requirements for Aquaculture Facilities.
Note     •     History

All bodies of water or private hatcheries registered for aquaculture purposes shall be entirely within the exterior boundaries of the land owned or leased by the owner of the facility. No aquaculture facility shall be built or operated on a natural water course or lake without the prior written approval of the department. Prior written approval is not required for aquaculture facilities constructed below a spring rising on private property.
For purposes of this section, waters existing seasonally or intermittently and not serving as a passageway or nursery area for anadromous fish are not required to be screened.
Except for those facilities using marine water, all artificial inlets and outlets of such bodies of water or private hatcheries used for aquaculture purposes shall be screened to prevent the ingress or egress of aquatic plants or animals.
NOTE

Authority cited: Sections 15200 and 15400, Fish and Game Code. Reference: Sections 17, 15102, 15202 and 15400, Fish and Game Code.
HISTORY

1. Amendment filed 12-2-85; effective thirtieth day thereafter (Register 85, No. 49). 
§235.2. Permit to Operate an Aquaculture Facility for Anadromous Fish on Davenport Landing Creek (Santa Cruz County).
Note     •     History

Permits may be issued to operate a registered aquaculture facility for anadromous fish under the following general terms and conditions:
(a) Any permit issued shall be on an experimental basis until its impact on the fishery resource can be ascertained. These regulations shall be applicable only to the waters of Davenport Landing Creek, contained within Santa Cruz County, until January 1, 1996, after which date these regulations and permit shall have no force or effect.
(b) Persons desiring a permit to operate an anadromous fish aquaculture facility on Davenport Landing Creek shall file a request with the commission. Commission approval must be obtained following a public hearing as required by section 15901 of the Fish and Game Code. If a permit is authorized by the commission, upon payment of $100.00 a permit will be issued to the permittee by the Wildlife Protection Division following notification by the commission.
(c) All fish released into the wild under authority of any permit during the time they are in the wild will become the property of the state and may be taken under the authority of a sport or commercial fishing license.
(d) Prior to release into state waters, fish may be examined by the department to determine that they are not diseased or infected with any disease which, in the opinion of the department, may be detrimental to the state fishery resources. If such fish are found to be diseased or infected, they shall not be released into state waters and shall be disposed of in accordance with department instructions. Cost of such inspection shall be paid by the permittee.
(e) Importation of eggs or fish into the state by permittee shall be in accordance with section 15600 of the Fish and Game Code and section 236(c) of these regulations.
(f) Any liberation of fish by permittee into state waters shall be approved in advance by the department.
(g) The department may require the permittee to mark specific numbers of fish prior to their release into state waters. Any marks used by permittee to identify fish released into state waters shall be approved in advance by the department.
(h) The permittee shall have the right to trap and retain all fish returning to the stream; the department shall be allowed to examine all fish trapped.
(i) All live fish being transported by the permittee shall be in accordance with the provisions of sections 2270-2273, 15005 and 15600 of the Fish and Game Code.
(j) All dead fish being transported from facilities operated pursuant to this permit shall be tagged or packaged in accordance with the provisions of section 238 of this title and with section 15005, Fish and Game Code.
(k) Permittee shall maintain accurate records on forms provided by the department. Copies of these records will be forwarded to the department monthly, annually, and at times determined by the department.
(l) If, after a hearing, the commission finds that the operation described in the permit and conducted pursuant to this section is not in the best public interest, the commission may alter the conditions of the permit to mitigate such adverse effects, including but not limited to the immediate suspension of operation under the permit.
(m) The permittee shall reimburse the department for all actual costs incurred by the department in inspecting and monitoring the permittee's operations.
(n) The permittee shall provide all necessary security measures to protect fish at the rearing, release and trapping facilities.
(o) Upon termination of the permit, the permittee shall remove all structures and facilities placed in the stream bed by the permittee and shall return the watercourse to its original condition. In the event the permittee fails to do so, the state may restore the site at the permittee's sole cost. The permittee shall post a performance bond, signed by both the permittee and a corporate surety company, in the amount of $15,000, to assure restoration of the premises to their original condition and to assure compliance with all other provisions of this permit.
NOTE

Authority cited: Sections 1050, 15004, 15005, 15101, and 15200, Fish and Game Code. Reference: Sections 1050, 2270-2273, 15005, 15200, 15202, 15900, 15901, 15903, 15905, 15906, and 15907, Fish and Game Code.
HISTORY

1. Amendment filed 12-2-85; effective thirtieth day thereafter (Register 85, No. 49).
2. Amendment of subsection (a) changing applicable date of section from January 1, 1991, to January 1, 1996, filed 4-18-91; effective 5-18-91 (Register 91, No. 19). Section is inapplicable between January 1, 1991 and 5-18-91 by its own terms.
3. Changes without regulatory effect amending subsections (b), (i), (l), and reference citation filed 4-18-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 19).
4. Amendment of subsection (b) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
§236. Importation of Live Aquatic Plants and Animals.
Note     •     History

The provisions of this section shall apply to the importation of all live aquatic plants and animals.
(a) No person shall import into this state any prohibited species of live aquatic plant or animal listed pursuant to Section 2118 of the Fish and Game Code or Section 671 of these regulations unless specifically authorized by the commission.
(b) Unless specifically prohibited by these regulations, plants and animals within the following groups may be imported without an importation permit from the department:
(1) Mollusks and crustaceans intended to go directly into the seafood market and which will not be placed into the waters of the state nor placed in waters which are discharged to waters of the state.
(2) Live ornamental tropical marine or freshwater plants or animals that are not utilized for human consumption or bait purposes, are maintained in closed systems for personal, pet industry or hobby purposes, and which will not be placed in waters of the state.
(3) Brine shrimp.
(c) With the exception of those importations described in Section 236(a) and (b), live aquatic plants and animals may be imported into this state only in accordance with the following terms and conditions:
(1) A standard importation permit signed by the director or his agent is required, and no shipment into the state may be made prior to the issuance of the permit authorizing the shipment or shipments. The department shall charge a fee of $25.00 for issuing each permit. Fees charged for inspections shall be independent of the fees charged for issuing permits.
(2) With the exceptions of the live aquatic animals listed in subsection  236(c)(6), a permit is required for each lot or load, and each shipment must be accompanied by the original copy of the importation permit. Unless otherwise authorized, the person who is to receive any shipments of aquatic plants and animals shall apply to the department for this importation permit.
(3) Application for a standard importation permit shall be made on a form (Application for Standard Importation Permit, FG 789 (2/91), which is incorporated by reference herein) supplied by the department, as directed in Section 235(d) and shall reach the department's headquarters office at least 10 working days in advance of the probable arrival date of the shipment. A copy of the permit authorized by the director or his agent must accompany each load. If a change in date of shipment becomes necessary after a permit has been issued, the permittee shall notify the Aquaculture Development Section at least 5 days before the new date of shipment. Under special circumstances, the department may waive this 5-day notice requirement.
(4) All live aquatic plants and animals imported into California may be inspected by the department, either at the place of entry into the state or at other locations suitable to the department. The person importing the aquatic plants or animals may be required to provide facilities for inspecting and sorting them, and may be required to pay inspection costs, including salary and travel expenses of the inspector.
(5) Any lot or load of aquatic plants and animals found by the inspector to be diseased, parasitized or to contain species not authorized by the importation permit must be immediately destroyed or transported out of California within a period of time specified by the department. In such cases, the importation permit is automatically revoked.
(6) In lieu of the permits specified in subsection 236(c)(1), long-term permits for the following aquatic animals may be issued by the department for periods of up to one year. Application shall be made on a form (Application for Long-term Permit to Import Animals into California, FG 786 (2/91), which is incorporated by reference herein) supplied by the department. The department shall charge a fee for issuing each permit. See subsection 699(b) of these regulations for the fee for this permit.
(A) Oyster, oyster larvae and oyster seed.
(B) Ghost shrimps (Callianassa spp).
(C) Mud shrimps (Upogebia spp).
(D) Longjaw mudsuckers (Gillichthys mirabilis).
(E) Red swamp crayfish (Procambarus clarkii).
(F) Orconectes virilis.
(G) Marine Annelid worms (Phylum Annelida).
(H) Sacramento blackfish (Orthodon microlepidotus).
(I) Other species under conditions which the department determines represent no significant risk to the fish and wildlife resources of the state.
(7) Importation of Salmonid Eggs. Applications to import eggs of fishes of the family salmonidae (trout, salmon and char) shall be accompanied by a health certificate signed by a person competent in the diagnosis of fish diseases stating that the hatchery or other sources of the eggs to be imported and the eggs themselves are free of the following diseases: infectious pancreatic necrosis (IPN); bacterial kidney disease (BKD); infectious hematopoietic necrosis (IHN); and viral hemorrhagic septicemia (Egtved).
In questionable cases, the director of the department shall determine whether or not the person making the certification is technically qualified to do so.
(8) Only those aquatic plants and animals lawfully obtained in another state or country may be imported.
NOTE

Authority cited: Sections 1050, 2118, 6401, 15004, 15600 and 15601, Fish and Game Code. Reference: Sections 2116-2191, 2270-2272 and 3201-3204, Fish and Game Code.
HISTORY

1. Amendment filed 7-25-88; operative 7-25-88 (Register 88, No. 32).
2. Amendment of subsection (a) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
3. Amendment filed 7-24-91; operative 8-23-91 (Register 92, No. 8).
4. Amendment of subsection (c)(6) filed 6-9-95; operative 7-10-95 (Register 95, No. 23).
§236.1. Importation and Planting of Live Bivalve Mollusks.
Note     •     History

NOTE

Authority cited: Sections 1050, 15004, 15005, 15200-15202, 15400 and 15600, Fish and Game Code. Reference: Sections 15004, 15200-15202 and 15600, Fish and Game Code.
HISTORY

1. Repealer filed 7-25-88; operative 7-25-88 (Register 88, No. 32). 
§237. Leasing of State Water Bottoms for Aquaculture.
Note     •     History

(a) Definitions. The following definitions are established for terms used in this section:
(1) “Aquaculture Area” means any public waters or private waters contiguous to public waters set aside for the purpose of cultivating, harvesting or relaying of any aquatic plant or animal life.
(2) “Aquaculture Agreement” means an agreement for the establishment of an aquaculture area on private water bottoms contiguous to state water bottoms which may include a permit for relaying or depuration of shell fish under authority of Fish and Game Code Division 12. Permits may include use of state or private lands for aquaculture purposes.
(3) “Aquaculture Lease” means a lease of state water bottoms for the cultivation of aquatic plants and animals.
(4) “Depuration” means the process by which shellfish cleanse themselves of contaminants in a controlled process water environment.
(5) “Depuration Facility” means the physical structure, enclosure or device in which depuration is accomplished, including all appurtenances.
(6) “Growing Area” means any offshore ocean, coastal estuarine or freshwater area suitable for natural shellfish growth or artificial shellfish propagation and shall include open seawater systems.
(7) “Relaying” means the moving of shellfish from one water to another.
(8) “Shellfish” in this section means native or nonnative bivalve mollusks.
(9) “Classified Areas” include those waters that may be classified by the State Department of Health according to the following:
(A) “Approved Area”: a shellfish-growing area not adversely affected by sewage or other wastes.
(B) “Conditionally Approved Area”: a shellfish-growing area that may be occasionally affected by sewage or other toxic substances.
(C) “Prohibited Area”: a shellfish-growing area not certified because of its proximity to a known waste discharge or because the area is influenced by other detrimental environmental factors.
(D) “Restricted Area”: a shellfish-growing area subjected to a limited degree of pollution which makes it unsafe to harvest shellfish for direct marketing but where harvesting for relaying or depuration may be permitted.
(10) “Lot” is a designated quantity of shellfish that is identifiable and may consist of one or more batches.
(11) “Batch” is a measurable, identifiable unit such as bushel, and one or more batches will comprise a lot.
(12) “Tidal Area” means the intertidal area between the high tide mark and 1,000 feet offshore. Commercial harvesting of native invertebrates in this area is subject to special permit requirements under Section 8500 of the Fish and Game Code.
(b) Applications.
(1) Applications for a lease of state water bottoms for aquaculture or for an aquaculture agreement or for a permit to relay or depurate shellfish shall be made to the commission.
(2) Applications shall be accompanied by proof of ownership of, or a valid lease on the lands on which the operations are to occur, or description of the state lands which the applicant has leased or intends to lease and on which the operations are to occur.
(3) Applications also shall be accompanied by a description of the area involved and a reference map clearly showing the exterior boundaries of the area. The description must be tied to monuments of record and maps must be in a form acceptable for recording in the county(ies) in which the aquaculture area is located. A copy of all maps shall be submitted by the commission to the State Lands Commission. No aquaculture agreement will be valid until the State Lands Commission has certified to the department that the area applied for is unencumbered or the private ownership is properly described, so as not to preclude its use for the proposed culture.
(4) No aquaculture lease for state water bottoms will be approved until the commission has held a public hearing at least 90 days after notice thereof has been published in a newspaper of general circulation within the county involved. An aquaculture lease or aquaculture agreement is subject to repeal if a map of the area is not filed by the holder of such lease or agreement in the appropriate county(ies) within 30 days of approval by the commission.
(5) No aquaculture agreement for private water bottoms will be approved until the commission has held a public hearing at least 30 days after notice thereof has been published in a newspaper of general circulation within the county involved. An aquaculture agreement is subject to repeal if a map of the area is not filed by the holder of such aquaculture agreement in the appropriate county(ies) within 30 days of approval by the commission.
(6) An explanation of the type of operation including the aquaculture practices, relay or depuration activities to be employed, shall be included in all applications for aquaculture leases or agreements.
(7) The change of any authorized cultural practices as specified in the aquaculture lease or agreement must have approval of the commission before the change is put into effect.
(8) The application shall include information as to whether each of the areas involved in the aquaculture relay or depuration operation has been classified by the Department of Health Services as approved, conditionally approved, prohibited, restricted or unclassified.
(c) Aquaculture Leases and Agreements.
(1) Aquaculture leases or agreements shall not be modified, amended, transferred, assigned or hypothecated without the approval of the commission.
(2) The holder of the aquaculture lease or agreement shall comply with the provisions of the Fish and Game Code and the rules and regulations of the commission and any special provisions set forth in the lease or agreement by the commission.
(3) Before an aquaculture lease or agreement is issued by the department, the applicant must present evidence that the applied for aquaculture area has been registered in compliance with Fish and Game Code Section 15101.
(4) The department may inspect the depuration facilities, culture or relay areas of a holder of an aquaculture lease or agreement at any time.
(5) Vessels used by holders of an aquaculture lease or agreement may be required to maintain clearly visible identifying numbers.
(6) The holder of an aquaculture lease or agreement shall record the size, numbers or pounds of shellfish or other marine life planted, relayed or taken in or from waters of the state on forms as designated by the department.
(7) Marking of leases. All aquaculture leases shall be clearly marked. Minimum marking requirements shall include:
(A) One buoy anchored on each of the four corners and one buoy, possessing radar-reflecting capabilities, anchored in the center of each aquaculture lease. All buoys used to define the boundaries of an aquaculture lease shall be marked in conformance with the International Association of Lighthouse Authorities Maritime Buoyage system regulations (33 CFR Section 62.33 and 66.01-10).
(B) All buoys shall bear the Aquaculture Lease No. M- (followed by the appropriate number).
(C) Buoys marking the boundaries of an aquaculture lease shall be maintained at all times. If buoys are lost, displaced or are otherwise removed from an aquaculture lease, they must be replaced within a two-week period, weather conditions permitting, or the lease may be subject to termination.
(D) If aquaculture leases are located in areas too shallow to effectively maintain buoys, the four corners (boundaries) of a lease may be defined by stakes extending no less than three feet above the surface of the water at mean higher high water supporting the markings prescribed in subsection (A). Stakes used to define the limits of an aquaculture lease shall be marked and maintained in the same manner as buoys in the preceding subsections.
(E) Each aquaculture lessee shall make application to the U.S. Coast Guard, Aids to Navigation Branch, 400 Ocean Gate, Long Beach, CA 90822, for approval of the buoys and markings to be established on aquaculture leases.
(d) In addition to other requirements, a permit to relay or depurate shellfish shall contain the following conditions:
(1) An operation conducted under an aquaculture agreement or a relay or depuration permit that receives shellfish from the licensee's or permittee's own lands or lands leased by it, is not required to be licensed as a wholesale fish dealer and preserver, but shall maintain such records as are required by the department to monitor such operations, including but not limited to: data with respect to each batch of shellfish depurated or relayed that will show: its origin and quantity; date or reception by the depuration facility or relay bed and the length of time held in the facility or bed; and their final disposition. All depurated or relayed shellfish shall be identified by a tag or label securely fastened to the shipping container and bearing the certificate number of the shipper, his name and address, the name and address of the consignee, and the kind and quantity of shell- fish in the container and the batch or lot number.
(2) The operator of a depurating facility receiving shellfish from other than the operator's owned or leased areas shall obtain a wholesale fish dealer's and preserver's license prior to the department's issuance of a permit and the permittee will maintain such records as required by the department.
(3) A relay or depuration permittee, moving shellfish for the purpose of cleansing, shall satisfactorily identify each lot of shellfish harvested and maintain its identity separate from other shellfish throughout its relaying or depuration process until certification by the Department of Health Services that edible shellfish standards have been met.
(4) Persons holding an aquaculture lease or agreement who relay shellfish from one area of the state to another, whether from private or public water bottoms, shall give the department notice two working days prior to the relay. Such notification shall be given to the department's office specified in the agreement.
(5) No shellfish shall be relayed without obtaining written permission from the department.
(6) Shellfish harvested from a conditionally approved or restricted area for relaying or depuration, shall be identified by a lot number. Shellfish so identified must be kept separate throughout the relaying or depuration process.
(7) Oysters, clams and mussels harvested for human consumption from the waters of Districts 12 and 13 by commercial fishermen, shall be taken only for the purposes of relaying or depuration.
(8) Shellfish produced by a registered aquaculture facility within the state may be relayed at any time. Such shellfish shall be free of disease and parasites so as to pose no threat to the environment. Hatcheries producing shellfish to be planted in state waters shall be inspected by the department for the presence of disease organisms at least once a year and, following such inspection, a permit authorizing planting of specified species for the ensuing year may be issued.
In lieu of the hatchery inspection, at the option of the registrant, inspection of each lot from the hatchery that is to be planted in state waters shall be requested. Request for inspecting each lot shall be made by the registrant at least two working days prior to the transfer. A written permit authorizing the planting shall be obtained before planting the shellfish.
(9) Subsection (d)(8) does not preclude inspections under Section 1006 of the Fish and Game Code.
(e) Shellfish relayed from Districts 12 and 13.
(1) Native shellfish taken from Districts 12 and 13 under an aquaculture lease or agreement for purposes of purification, whether from public or private lands, are subject to a royalty of 0.0125H per pound after taking the shellfish from the relaying or depurating sit. For the purpose of computing the royalty, the charge shall be based on the weight (including shell) of the shellfish after completion of the cleansing process. The royalty is payable within 30 days after close of the calendar month in which it became due. If not paid within 60 days after the close of the month for which it became due, a penalty equal to 10% of the royalty shall be added to it.
(2) Nonnative shellfish relayed from Districts 12 and 13 and relayed for the purposes of purification, are subject to a 0.02H per pound fee after taking them from the relaying or depuration site. The fee is charged to cover administrative costs and is subject to adjustment and penalty as described in subsection (e)(1).
(f) Persons holding an aquaculture lease or agreement and using state water bottoms shall, in addition to the acreage rental fee for use of state water bottoms, be assessed a fee on all shellfish harvested not to exceed the privilege tag as provided in Fish and Game Code Section 15003. The fees shall be subject to the penalty and adjustment as described in subsection (e)(1). These fees shall not apply to the harvesting of shellfish from state or private water bottoms in Districts 12 and 13 for the purposes of cleansing. When water quality in Districts 12 and 13 permits direct use of the shellfish from state water bottoms or native shellfish from private water bottoms, the fee established by Fish and Game Code Section 15003 shall apply.
(g) Agar-bearing plants taken from state waters are subject to the fees of Section 165(a)(2)(E) of this title.
(h) Oysters, clams and mussels harvested from Districts 12 and 13 for commercial purposes must be taken by licensed commercial fishermen. In addition to a commercial fishing license, every fisherman when harvesting shellfish, must have in his possession a current permit issued pursuant to Section 123 of this title. Only those species listed on the permit for harvest from Districts 12 and 13 may be taken.
(i) Improvements of aquaculture leases.
(1) Oyster Cultivation.
(A) Bottom culture: leases must be improved at an average rate of at least two cases of seed-bearing shell (160 pounds of seed-bearing shell) or 30 bushels of shellfish one or more years of age per acre over the allotted acreage per year. Improvements by unattached, single seed (less than one year old) shall consist of planting an average rate of 10,000 single seed per acre per year over the allotted acreage. Term of improvement shall be four years for seed-bearing shell and three years for oysters one or more years of age.
(B) Off-bottom culture: leases must be improved at an average rate of at least one case of seed-bearing shell (80 pounds of seed-bearing shell), or 15 bushels of oysters one or more years of age per acre over the allotted acreage per year. Improvement by unattached single seed (less than one year old) shall consist of planting an average rate of 5,000 single seed per acre per year over the allotted acreage. Term of improvement shall be four years for seed-bearing shell and three years for oysters one or more years of age.
(C) Production requirements: the annual harvest rate shall be an average of 2,000 oysters per acre (over one year of age) over the allotted acreage effective three years after the effective date of the lease. Harvest reports shall be recorded in the form of a receipt in quadruplicate furnished by the department. The triplicate copy shall be delivered to the department on or before the first and sixteenth day of each month.
(2) Miscellaneous Aquatic Species.
(A) A lease of state water bottoms for the cultivation of species other than oysters will include minimum planting and harvesting requirements for the species to be cultivated to insure that water bottoms so encumbered will be used for the purpose intended.
(B) Harvest amounts shall be recorded in the form of a receipt in quadruplicate furnished by the department. The triplicate copy shall be delivered to the department on or before the first and sixteenth day of each month.
(j) As proof of use, holders of aquaculture leases shall submit to the department office designated in the lease agreement, a written declaration under penalty of perjury showing the date, quantity of species and acreage in each planting, also including a map showing acres, amounts and dates planted.
NOTE

Authority cited: Sections 1050, 8500, 15003, 15101, 15200, 15400 and 15408, Fish and Game Code. Reference: Sections 1050, 8500, 15003, 15101 and 15400, Fish and Game Code.
HISTORY

1. New subsection (c)(7) filed 7-14-86; effective thirtieth day thereafter (Register 86, No. 29).
2. Amendment of subsection (d) filed 7-25-88; operative 7-25-88 (Register 88, No. 32).
3. Amendment of subsection (c)(7) filed 4-14-89; operative 5-14-89 (Register 89, No. 16). 
§238. Sale and Transportation of Aquatic Plants and Animals.
Note     •     History

Importation of live aquatic plants and animals is governed by Section 236 of these regulations. Except as provided for by Section 236, aquaculture products may be sold or transported in this state only in accordance with the following general terms and conditions:
(a) All aquaculture products sold or transported under the provisions of this section must have been legally reared or imported by an aquaculturist registered in this state.
(b) The following provisions apply to transactions of aquaculturists involving aquaculture products:
(1) A registered aquaculturist may sell and transport live aquaculture products authorized by that registration to any other aquaculturist authorized to possess the same species.
(2) All shipments of authorized aquaculture products shall be accompanied by a duplicate of a sales invoice or waybill showing the name of the producer, the producer's aquaculture registration number, date of shipment, the species being transported, the weight, volume or count of each species in the shipment, and the name and address of the consignee.
(3) Duplicates of the required sale or shipping documents shall be retained by the producer, and by the shipper, if different from the producer, for a period of one year from the date of sale. The records shall be shown upon written demand by the director of the department. The information contained in these documents is confidential except that such information may be disclosed in accordance with a proper judicial order in cases or actions instituted for enforcement of this section or for prosecution of violations of this section.
(c) A registered aquaculturist may sell and transport live those aquaculture products authorized by that registration to any of the following whose licenses or permits authorize the possession of the same live plants and animals for commercial purposes.  Documents as described in Section 238(b)(2) shall accompany each shipment.  Aquaculture products may not be stocked in any water of the state, except as provided for in Section 238.5 of these regulations.
(1) Scientific or educational establishments;
(2) Aquarium Dealer Permittees (See Section 227 of these regulations);
(3) Live Freshwater Bait Fish Licensees (See Sections 200 through 200.31 of these regulations);
(4) To any other legal purchaser or possessor for whom possession is legal.
(d) The following provisions apply to the operator of any commercial establishment where aquaculture products are maintained alive for human consumption:
(1) Under no condition shall these aquaculture products be stocked in any waters of this state.
(2) The operator may transport live aquaculture products between aquaculture facilities, retail sales stores, and/or wholesale distribution points.  Documents as described in Section 238(b)(2) shall accompany each shipment.
(3) The operator shall retain copies of all sales invoices or waybills received with the products. Such invoices or waybills shall be retained by the operator for a period of at least one year following receipt of the aquaculture products listed thereon, and such invoices or waybills shall be produced upon request of an official of the department. 
(4) All aquaculture products, except live shellfish, sold and leaving the premises of the operator shall be killed and accompanied by a sales receipt showing the date of purchase and name of business where purchased or be packaged in accordance with Section 240 of these regulations. 
(e) Marking and Tagging Requirements.
(1) Abalone.
(A) All abalone produced by an aquaculturist registered pursuant to Section 15101 of the Fish and Game Code may be possessed, harvested, sold and transported, provided the abalone are identifiable as being cultivated or are packaged in sealed containers as provided for in Section 240 of these regulations.
Such abalone are exempt from the size limits established by Section 8304 of the Fish and Game Code.
(B) Abalone which spend part of their life in marine waters of the state, other than while in an aquaculture facility, must have an identifying mark or tag approved by the Department, or be otherwise identified as a product of aquaculture by a method approved by the Commission. Such identifying mark or method must be approved, or a tag attached, prior to the abalone being placed in waters outside the aquaculture facility. For purposes of this section, the term “aquaculture facility” includes a hatchery, rearing facility, pen, cage or any similar structure or device.
(C) Any person other than a registered aquaculturist processing cultured abalone at the wholesale level must possess a revocable processing permit for cultured abalone, as issued by the department.
(f) Retail Sales of Aquaculture Products at an Aquaculture Facility. All aquaculture products sold at an aquaculture facility shall be dead at the time of sale except for:
(1) Aquaculture products sold under the provisions of Sections 238(c), 238(d)(2), or 238.5 of these regulations.  Aquaculture products sold under provisions of Section 238.5 of these regulations may be transported live and stocked as provided for by Section 238.5 of these regulations by retail customers.  Documents as described in Section 238(b)(2) shall accompany each shipment, and records as described in Section 238(b)(3) shall be maintained by the aquaculturist and the retail customer.
(2) Striped bass, hybrid striped bass, abalone, steelhead trout and sturgeon sold pursuant to the provisions of Section 240 of these regulations.
(3) Aquaculture produced shellfish purchased at retail and taken from the aquaculture facility by the purchaser need only be accompanied by a sales receipt showing the name and aquaculture registration number of the producer, the item(s) and quantity purchased and the date of purchase. All other shipments of aquaculture products shall be accompanied by a sales invoice or waybill as provided in Section 238(b)(2) of these regulations.
(4) Those freshwater bait fishes that would be legal for sale as live bait by a licensed Live Freshwater Bait Fish Dealer in the same sport fishing district or portion of sport fishing district in which the aquaculture facility is located (see Sections 4.10 through 4.30 and Sections 200.13 through 200.31 for legal live bait fishes).
NOTE

Authority cited: Sections 1050, 6401, 7701, 8040, 15005, 15200, 15202 and 15400, Fish and Game Code. Reference: Sections 17, 1050, 6400-6401, 7701-7708, 8040, 8304, 8371, 8435, 8436, 15005, 15200, 15202 and 15400-15415, Fish and Game Code.
HISTORY

1. New subsection (f)(4) filed 10-18-85; effective thirtieth day thereafter (Register 85, No. 42).
2. Amendment filed 7-25-88; operative 7-25-88 (Register 88, No. 32).
3. Amendment filed 7-24-91; operative 8-23-91 (Register 92, No. 8).
4. Amendment filed 2-8-94; operative 3-10-94 (Register 94, No. 6).
5. Amendment of subsection (e)(1)(B) filed 5-1-98; operative 5-31-98 (Register 98, No. 18).
§238.5. Stocking of Aquaculture Products.
Note     •     History

Upon stocking, aquaculture products are wild and therefore “fish” as defined by Section 45 of the Fish and Game Code, except when stocked into a registered aquaculture facility. No person shall stock aquaculture products in this state except in accordance with the following general terms and conditions:
(a) All aquaculture products stocked under these provisions must be legally reared or possessed by an aquaculturist registered in this state. No person shall stock aquaculture products which are parasitized, diseased or of an unauthorized species.
(b) Live aquaculture products shipped to Inyo or Mono counties must be certified by the department as disease and parasite-free before being stocked in waters in those counties.
(c) A registered aquaculturist producing or possessing rainbow trout (Oncorhynchus mykiss), largemouth bass (Micropterus salmoides), bluegill (Lepomis macrochirus), redear sunfish (Lepomis microlophus), Sacramento perch (Archoplites interruptus), channel catfish (Ictalurus punctatus), blue catfish (Ictalurus furcatus) and white catfish (Ictalurus catus), may stock these species under the following terms and conditions.
Only publicly owned lakes covered by a cooperative agreement between the department and the lake operator and privately owned reservoirs, lakes and ponds in the following counties or portions thereof may be stocked without a stocking permit: Alameda, Butte, Colusa, Contra Costa, Glenn, Imperial, Kern, except in the Kern River drainage above Democrat Dam; Kings, Lake except in the Eel River drainage; Los Angeles, Merced, Napa, Orange, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Joaquin, Santa Barbara, Solano, Stanislaus, Sutter, Tehama, Ventura, Yolo, Yuba; those portions of Amador, Calaveras, El Dorado, Mariposa, Nevada, Placer and Tuolumne west of Highway 49; Fresno west of the Sierra and Sequoia National Forest boundaries; Madera west of the Sierra National Forest boundary; and Tulare west of the Sequoia National Forest and Sequoia National Park boundaries.
(d) Except for those species listed in Section 238.5(c) when planted into those specific areas and waters covered in Section 238.5(c), no person shall stock aquatic plants and animals except as follows:
(1) Each stocking of fish shall require a separate Private Stocking Permit (FG 749 (Rev. 5/93), which is incorporated by reference herein) issued by the department. A copy of this permit shall accompany all shipments. However, a copy of the same permit (FG 749 (Rev. 5/93)) may be used for additional consignments of the same species when stocked in the same water or waters, until cancelled by the department. See subsection 699(b) of these regulations for the fee for this permit.
(2) Application for the private stocking permit shall be made to the regional manager of the Fish and Game region in which the fish are to be stocked. An application will be supplied to each applicant upon request.
(3) No person shall stock any species of fish in any water in which the stocking of such fish is contrary to the fisheries management programs of the department for that water or drainage, or in any water from which such fish might escape to other waters where such fish are not already present. All applicants will be advised upon request of the said departmental fisheries management programs.
(4) Permittee shall notify the regional office of the department not less than 10 days in advance of stocking in order to make arrangements for inspection. Such inspection may be waived at the discretion of the department. If, upon inspection, diseased or parasitized fish or fish of unauthorized species are found by the department to be present, they shall be disposed of by the permittee as directed by the department. The department may require that the expense of any inspection made necessary by the provisions of these regulations be borne by the permittee.
(5) A stocking permit may be cancelled or suspended by the department upon conviction of a violation of these regulations by a court of competent jurisdiction. Cancellation or suspension may be appealed to the commission.
(6) A stocking permit is valid only when signed by the applicant.
(e) A registered aquaculturist selling and transporting aquatic plants and animals for the purpose of stocking in this state shall retain copies of documents required by Section 15005(b) of the Fish and Game Code for a period of three years following stocking of the fish. The documents shall be shown upon written demand by the director of the department. The information contained in the documents is confidential except that such information may be disclosed in accordance with a proper judicial order in cases or actions instituted for enforcement of this section or for prosecution of violations of this section.
(f) Except for Inyo, Mono, San Bernardino, Riverside and Imperial counties, mosquitofish (Gambusia affinis) may be planted for purposes of mosquito control without obtaining a permit otherwise required by these regulations. In Inyo and Mono counties and in public waters of San Bernardino, Riverside and Imperial counties, mosquitofish may not be planted without the written concurrence of the department.
NOTE

Authority cited: Sections 1050, 2363, 6401, 7701, 7708, 15005, 15200, 15202, 15501 and 15504, Fish and Game Code. Reference: Sections 17, 45, 1050, 6400-6401, 7701-7708, 8371, 8435, 8436, 15005, 15200, 15202 and 15504, Fish and Game Code.
HISTORY

1. Amendment of subsection (d) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
2. Amendment of subsections (c) and (d) filed 7-24-91; operative 8-23-91 (Register 92, No. 8).
3. Amendment of subsection (d)(1) filed 10-7-96; operative 11-6-96 (Register 96, No. 41).
4. Amendment of first paragraph and Note filed 1-20-99; operative 2-19-99 (Register 99, No. 4).
§238.6. Triploid Grass Carp Stocking.
Note     •     History

Pursuant to Section 6450 of the Fish and Game Code, the department may issue permits to stock triploid grass carp.
(a) Purpose for Stocking. This section provides for the introduction of triploid grass carp, solely for the purpose of managing and controlling nuisance submerged aquatic plants. Triploid grass carp may only be stocked in waters approved by the department.
(b) To Whom Issued. Triploid grass carp stocking permits may be issued to a person, organization, or agency, to control or eradicate nuisance submerged aquatic plants, only within those waters under their control.
(1) Triploid grass carp stocking permits are not transferrable to persons, organizations, or agencies other than the permittee, except in the event that ownership of, or legal control over a water body named in the permit is transferred from the permittee to another person, organization, or agency. In this event, the permittee shall notify the department in writing within 10 (ten) days of the transaction. In addition, the permittee shall be responsible for informing the new owner of, or party assuming legal control over that water body, that triploid grass carp have been stocked therein. For the remaining term of the existing permit, said permit shall be transferred to the new owner of, or party assuming legal control over said water body, provided that said party agrees in writing to comply with the terms and conditions specified in this section. After expiration of the existing permit, the party assuming permittee status shall be required to renew the grass carp permit pursuant to subsection 238.6(e)(3)(B).
(2) Grass carp programs approved by the department on or before June 1, 1995 shall be exempt from the provisions of this section. Such programs shall be allowed to continue operations under a Private Stocking Permit (Form FG 749-(revised 5/93)), provided that the permittee: furnishes proof that the site had prior approval under a program approved by the department on or before June 1, 1995.
(c) Limitations.
(1) No permits shall be issued to stock grass carp in any major drainage or water having an open freshwater connection to other waters of the state (e.g., streams, rivers, lakes, or reservoirs).
(2) No permit shall be issued for grass carp introductions within the 100-year flood plain, as defined by the Federal Emergency Management Agency (FEMA), or local agency responsible for flood control, with the following exceptions:
(A) Grass carp introductions may be permitted within closed basins, including that of the Salton Sea, subject to the conditions stated in subsections (c)(3) and (4), below.
(B) Along the Colorado River and in basins where the 100-year flood plain zones have not been defined, permit approval shall be based upon department evaluations.
(3) For water bodies open to public angling, or those located within residential-area golf courses, triploid grass carp introductions shall be limited to those waters which have been determined by the department to be secure from removal or escape of grass carp. 
(4) No permit shall be issued for grass carp introductions into waters inhabited by plants or animals designated as threatened, endangered, or species of special concern.
(5) Only those grass carp which have been reared, held and transported in aquaculture facilities and equipment, inspected and certified by the department as being free of diseases and parasites may be stocked under the provisions of this section. In addition, the department shall:
(A) restrict grass carp introductions to those grass carp that have been rendered sterile immediately after the eggs have been fertilized,
(B) require individual fish to be checked to ensure that a third, triploid, set of chromosomes has been retained, preventing further reproduction by the individual fish,
(C) limit aquatic plant pest control programs using grass carp to the use of sterile triploid grass carp with documented certification of triploidy to ensure sterility, and
(D) inspect prospective grass carp aquaculture rearing facilities, holding facilities and transporters, to certify that they are free of diseases and parasites, and that they are secure from the escape of grass carp.
(6) Each triploid grass carp shall be implanted with serially-numbered tags provided or approved by the department.
(7) The department may limit the number and minimum size of triploid grass carp to be stocked in any proposed water. The number of triploid grass carp stocked may not exceed that specified on the permit, unless the permittee has obtained a department approved amendment to said permit.
(8) Security measures acceptable to the department shall be in place before triploid grass carp may be introduced into permitted waters. Such devices may include, but are not limited to, the following: fenced enclosures, locked gates, controlled access, and bird netting.
(9) Wherever barriers or screens are required to contain triploid grass carp within a proposed stocking site, the design for such structures must be approved by the department, and said structures shall be installed by the applicant prior to issuance of the Triploid Grass Carp Stocking Permit.
(10) Prior to stocking, permittee shall post prominent notices at each stocking site declaring the penalties for unauthorized removal of triploid grass carp.
(11) The permittee shall not place triploid grass carp in waters other than those specified in the permit.
(d) Permits.
(1) The term of the permit shall be one calendar year or remaining portion of the year.
(2) An amendment to change permit conditions may be issued by the department at any time during the term of the permit upon written request by the permittee, provided that such changes are consistent with the provisions of this section.
(3) The permittee shall retain a copy of the triploid grass carp stocking permit while grass carp are present in the permitted water. Said permit shall be available for presentation on request of any department employee.
(4) The department shall deny an application to stock triploid grass carp in any water body, if such proposed stocking is inconsistent with the provisions of this section.
(e) Application procedure. Applications shall be submitted on a form (Application for Triploid Grass Carp Stocking Permit for Aquatic Plant Management, FG 749-TGC (12/96), which is incorporated by reference herein) supplied by the department and may be filed with the department at any time. All applications shall be sent to the address indicated on the form and shall be submitted with appropriate application and inspection fees (see subsection (b)(3) below).
(1) Application Requirements. The applicant shall provide the following information, when requesting said permit, as well as when renewing an existing permit:
(A) Name, address, and affiliation of applicant.
(B) Location of the proposed stocking site.
(C) Number and type of water bodies to be stocked, and their sizes, in acres, or in square feet for waters less than one acre.
(D) Source of water supply and locations of water outlets, if applicable.
(E) A description of aquatic plant management problems, including but not limited to:
1. Type(s) of aquatic vegetation present, relative abundance of each, expressed as percentage of surface coverage, at the peak of the growing season.
2. Desired vegetation quantity or coverage.
(F) Number of triploid grass carp requested.
(G) Existing water quality data for the proposed water, if any.
(2) Inspection.
(A) Initial Inspection of Proposed Waters. All waters proposed for triploid grass carp stocking shall be subject to inspection by the department,  to verify stocking is consistent with the provisions and limitations of this section, and to determine the number of triploid grass carp to stock.
(B) Periodic Follow-Up Inspections. All waters stocked with triploid grass carp shall be subject to inspection by department employees.
(3) Fees. The application and inspection fees shall be paid to the department at the time the Triploid Grass Carp Stocking Permit application is filed.
(A) Pursuant to Section 6454 of the Fish and Game Code, the department shall charge the following fees to defray costs incurred in the initiation and implementation of the Triploid Grass Carp Program:
1. Stocking fee: $15.00/fish, and
2. Annual renewal fee: $7.50/fish

Note: The stocking fee will be assessed upon initial stocking and at any subsequent time that additional fish are added. Renewal fees are based on the number of fish remaining in the pond. The renewal fee is based on the presumption that no fish have been removed from the pond unless the permittee can provide proof acceptable to the department that fish have died or have been removed from the pond.
(B) All permits expire on December 31. Permits must be renewed by March 1 of the following year. If permit renewal fees are not received by the department on or before March 1, the department may eradicate all grass carp present in ponds for which permits have lapsed.
(f) Annual Reports.
(1) On or before March 1 of each year following the first year after triploid grass carp have been stocked, all permittees shall submit to the department a report documenting the progress of the aquatic vegetation control program in the permitted water. This report shall be submitted on a form furnished by the department (Triploid Grass Carp Stocking Permit Annual Report Form (FG 749-Rep (12/96)), which is incorporated by reference herein.
(2) Pursuant to Fish and Game Code subsection 6453(b), the permittee shall continue to submit annual reports until five years after the use of grass carp to control aquatic plant pests is terminated, unless acceptable evidence is provided to the department that all grass carp have been removed from the water.
(3) Permit amendments to stock triploid grass carp in excess of the number specified in the original permit shall be denied if the permittee fails to submit such reports.
(g) No live triploid grass carp shall leave the permittee's waters without advance approval in writing from the department.
(h) Permit Revocation.
(1) The department may revoke a Triploid Grass Carp Stocking Permit at any time upon its determination that the permittee has not complied with the terms and conditions of the permit, or if grass carp are used in any manner that is inconsistent with the provisions of this section.
(2) Upon revocation of the permit, all grass carp possessed under the privileges of the permit may be seized by the department for disposition deemed appropriate by the department.
NOTE

Authority cited: Sections 6450, 6454 and 6459, Fish and Game Code. Reference: Sections 6450-6460, Fish and Game Code.
HISTORY

1. New section filed 5-5-97; operative 6-4-97 (Register 97, No. 19).
2. Amendment of section and Note filed 4-24-2001; operative 5-24-2001 (Register 2001, No. 17).
§240. Transportation, Possession and Sale of Sturgeon, Striped Bass, Hybrid Striped Bass (Striped Bass Crossed with White Bass), Abalone and Steelhead Trout Produced or Imported by Registered Aquaculturists for Aquaculture Purposes.
Note     •     History

All sturgeon, striped bass, hybrid striped bass, abalone and steelhead trout produced or imported by registered aquaculturists for aquaculture purposes shall be transported, possessed and sold as provided in this section. For purposes of these regulations, aquaculture products are products of aquaculture as defined by Section 17 of the Fish and Game Code.
(a) Such aquaculture products must be accompanied by a duplicate of a sales invoice or waybill, showing the name and address of the producer, the producer's aquaculture registration number, date of shipment, the species being transported, the weight, volume, or count of each species in the shipment, the name and address of the intended receiver and tag number if subject tag is required.
(b) The consignee shall retain a copy of the bill of lading or similar accountable document for one year and make it available to the department upon request.
(c) Live aquaculture products are not subject to the provisions of subsections (c), (d) and (e). All dead aquaculture products or parts thereof, except hybrid striped bass sold whole or in the round with the head attached, transported or sold within the state pursuant to this section shall be either:
(1) Packaged in sealed containers or boxes. Each container or box shall be clearly labeled showing a description of the contents and an identification of the shipper; or
(2) Tagged with consecutively numbered cinch-up vinyl plastic spaghetti tags with a legend showing the name of the shipper along with the city and state of origin. The tag sequence shall be present on all invoices and waybills. Reusable tags may not be possessed in the State of California. When tags are removed from the aquaculture products they must be destroyed by cutting through that portion of the tag which contains the name of the shipper and the tag number; or
(3) Clearly marked, using liquid nitrogen and a metal band, with an “A,” 1/2-inch square, posterior to the head, anterior to the dorsal fin and above the lateral line. All aquaculture products shall be marked when alive but may be killed prior to transport or sale.
(d) No such dead aquaculture products may be possessed at a place where aquaculture products are sold unless packaged, marked or tagged in the manner described in subsection (c) except that operators or employees of retail stores, restaurants or other eating establishments may remove portions from packaged, marked or tagged aquaculture products when such portions are being displayed or prepared for actual sale to a consumer or for actual consumption on the premises.
(e) Aquaculture products tagged, marked and/or packaged under subsection (c) above may be processed and repackaged or retagged by dealers possessing a revocable processing permit issued by the Wildlife Protection Division of the department specifically for striped bass, hybrid striped bass, sturgeon, abalone and steelhead trout. The permit shall be issued free of charge on a calendar year basis, or part thereof. When transported for sale such aquaculture products or portions of aquaculture products shall meet the transportation requirements of subsections (a) and (b).
(f) Live aquaculture products may not be imported except in accordance with Section 236, Title 14, California Administrative Code.
(g) Live hybrid striped bass may not be imported or possessed by registered aquaculturists except under the terms of a permit issued by the department, specifying conditions under which these aquaculture products may be reared and transported. Requests for permits shall be submitted to the Department of Fish and Game Aquaculture Development Section, 1416 Ninth Street, Sacramento, California 95814.
(h) Live hybrid striped bass shall only be possessed or sold in Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara. Ventura, Lassen and Modoc counties.
(i) All aquaculture products held live for retail sale shall be killed at the time of sale and be dead before leaving the retailer's premises, and under no condition may these aquaculture products be stocked in any lake, pond or stream.
NOTE

Authority cited: Sections 1050, 7701, 7708, 15005, 15102, 15200, 15202 and 15600, Fish and Game Code. Reference: Sections 1050, 2348, 7700-7703, 8371, 8431 and 15505, Fish and Game Code.
HISTORY

1. Amendment filed 3-25-87; effective thirtieth day thereafter (Register 87, No. 13). 
2. Amendment of section heading, first paragraph, and subsection (e) filed 7-24-91; operative 8-23-91 (Register 92, No. 8).
§241. Importation of Salmonid Produced in Idaho. [Repealed]
Note     •     History

NOTE

Authority cited: Section 15510, Fish and Game Code. Reference: Sections 15500 and 15510, Fish and Game Code.
HISTORY

1. New section filed 11-8-83 as an emergency; effective upon filing (Register 83, No. 47). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-8-84.
2. Certificate of Compliance transmitted to OAL 2-7-84 and filed 3-8-84 (Register 84, No. 10). 
3. Repealer filed 12-29-2008; operative 12-29-2008 pursuant to Government Code section 11343.4 (Register 2009, No. 1). 
§243. Take of Aquatic Plants, Invertebrates, Fishes and Bullfrogs from the Wild for Use as Broodstock for Aquaculture Purposes.
Note     •     History

Pursuant to sections 5503 and 15300, Fish and Game Code, aquatic plants, invertebrates, fishes and bullfrogs (Rana catesbeiana) may be taken from the wild for aquaculture purposes only in accordance with the following regulations:
(a) Exceptions. This section does not apply to the following:
(1) The take of live freshwater fish for sale as bait (See Section 8460, Fish and Game Code and Section 200, Title 14, CCR).
(2) The take of aquatic animals by commercial fishermen (See Section 226.7, Title 14, CCR).
(b) Permits. The department may issue a revocable, nontransferable permit to collect aquatic plants, invertebrates, fishes and bullfrogs from the wild for use in developing a domesticated broodstock for aquaculture purposes. Permits shall not be issued for striped bass or white sturgeon except by specific commission authorization. The permit shall be valid for one year from the issue date listed on the permit unless the expiration date on the permit specifies a shorter time period. No permits shall be issued for golden trout, steelhead trout, chinook salmon or coho salmon, or for those animals listed by the state or federal government as endangered, threatened or fully protected. Permits shall state the name, mailing and business addresses and phone of permittee, permittee's aquaculture registration number, name of the collector(s) if different from permittee, collector(s) phone number, collector(s) driver's license, or DMV identification number, name of assistant(s), assistant(s) phone number, assistant(s) driver's license, or DMV identification number, species to be collected, number or total weight to be collected, collection locations and methods, and collection dates. Any special notifications, requirements and conditions shall attached to the permit on a separate page.
(1) Who May Obtain Permits. Permits shall be issued only to the owner or operator of an aquaculture facility currently registered pursuant to Section 15101, Fish and Game Code and Section 235, Title 14, CCR. The aquaculturist must be authorized by said registration to possess the species to be taken. The aquaculturist may designate, on the permit application, a person to collect for him.
(2) Cost of the Permit. An administrative fee of $500 shall be charged for processing the permit and initial site inspection. The department shall assess an additional fee, equal to the actual costs to the department in salaries, travel expenses and equipment use, if any department personnel are required to assist in the collection or inspection of the wild broodstock.
(3) How to Apply for the Permit. The permit application, FG 794 (Rev. 07/08), is available on request from the Aquaculture Coordinator at the address provided on the application. Completed and signed application forms and the $25 nonrefundable application fee shall be submitted to the Aquaculture Coordinator.
(c) Who May Collect Wild Broodstock. Wild broodstock shall be collected only by the permittee or those persons listed as collectors on the permit. The permittee or one of the collectors designated by the permit shall be present when animals are collected. Collectors shall have the collection permit in their possession while engaged in collection activities and while transporting species collected to the permittee's registered facility. Any person listed on the permit as a collector and who is attempting to take broodstock, shall have a commercial fishing license in their possession. All collectors and assistants must have a driver's license or DMV identification in their possession. 
Persons assisting the collector, and under their direct supervision, need not have a broodstock collection permit, but they shall be listed as assistants on the permit. The assistant may only assist in the landing of the broodstock or assist with equipment such as boat operation. The assistant is not allowed to take or collect broodstock independently.
The department may require that an employee of the department be present to monitor collection operations, or that the broodstock be collected by department personnel. All costs to the department for monitoring or collecting shall be borne by the permittee. Any special conditions applied to the collection of wild broodstock shall be stated on the permit or attached page(s).
(d) Collection Methods and Gear. All aquatic plants and animals authorized to be taken by the permit shall be captured only in those waters and only with those types of gear specified in the permit. All species other than those specified in the permit shall be returned immediately in good condition to the water of origin.
The permittee shall comply with department requirements concerning construction and deployment of collection gear. Locations and times of collecting and the amount taken may be restricted by the department to protect the wild populations of authorized species or other species found in the collecting area, or to reduce interference with angling.
No recreational take of any kind may be done by the person(s) listed on the permit while taking the wild plants and animals authorized under the permit. 
(e) Notification of Department. Before making any collection, the permittee and/or the other persons listed on the permit shall notify the department's regional office having responsibility for the area where the permittee wishes to collect or any other department office specified in the permit. Unless otherwise specified in the permit, the notification shall reach the regional office or other specified office by letter, telephone or personal contact at least 48 hours in advance of the collection date(s) and shall include the locality, dates and time(s) during which collecting is to be done.
(f) Written Reports and Logbooks. 
(1) Permittee shall submit a written report to the Aquaculture Coordinator and the department office specified on the permit within six months of the permit's expiration date or prior to application for any additional broodstock collection permits, whichever is earlier. The report shall state the number of plants or animals collected, the location and condition of the wild broodstock and the number or amount of progeny cultured and provide other information as specified in the permit.
(2) When the logbooks are required to be filled out as a condition on the permit, the logbooks shall be in the immediate possession of the permittee and/or the collector working under the authority of the permit. The logbook shall be accurate and complete at all times and shall contain the require information as prescribed by the department. 
(g) Disposition of Wild Broodstock and Their Cultured Progeny. Wild plants and animals taken under the authority of this permit remain the property of the state and shall not be sold, bartered or traded without written permission of the department. Wild broodstock shall be held only at an aquaculture facility registered by the permittee and may be required to be held separate from non-wild broodstock. The department will determine the final disposition of all wild broodstock. Any wild broodstock taken and possessed shall be marked in a manner specified in the permit. The cultured progeny of plants and animals lawfully obtained under the authority of a broodstock collection permit are the exclusive property of that person who cultured them, or that person's successor in interest.
(h) Inspections. Permittees shall allow authorized department employees to inspect any and all wild broodstock authorized by this permit and their holding facilities, vehicles, vessels or other places that the broodstock may be held. Inspections may be made at any time with or without prior notification.
(i) Permit Denial or Revocation. The department may deny or revoke a permit to take wild plants and animals for use in developing a domesticated broodstock for any of the following reasons:
(1) To protect an aquatic resource.
(2) To protect public safety.
(3) A commercial source is available.
(4) The applicant does not have facilities or experience necessary to develop a domesticated broodstock from wild plants or animals.
(5) The applicant or permittee has demonstrated repeated failure to develop a domesticated broodstock from wild plants or animals.
(6) The applicant or permittee, his designated collector or an employee or assistant has violated the terms of a wild broodstock collection permit issued pursuant to this section, or has been convicted by a court of competent jurisdiction of any violation of the Fish and Game Code or commission regulations as determined by the department. 
(7) Any person who currently has a permit under revocation or suspension by the department or commission. 
(j) Violations. All permit requirements and conditions shall be followed. Any violation of any provision of the permit is a violation of this section and may lead to immediate permit revocation or suspension. 
(k) Appeal. Any denial, suspension or revocation may be appealed to the commission
NOTE

Authority cited: Sections 1050, 1907, 5503, 15001 and 15300, Fish and Game Code. Reference: Sections 2000, 2052, 2273, 5503, 8430, 8433, 8435, 8436, 8460 and 15004, Fish and Game Code.
HISTORY

1. New section filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 30).
2. Amendment of subsection (b) filed 4-18-91; operative 5-18-9-1 (Register 91, No. 21).
3. Amendment filed 12-29-2008; operative 12-29-2008 pursuant to Government Code section 11343.4 (Register 2009, No. 1). 
§245. Aquaculture Disease Control Regulations.
Note     •     History

(a) General Conditions.
(1) All fish inspections and examinations for diseases/pathogens shall be conducted in accordance with the most recent edition of “Procedures for Detection and Identification of Certain Fish Pathogens” published by the Fish Health Section of the American Fisheries Society (FHS Blue Book). All such inspections and examinations shall be conducted by a fish pathologist.
(2) When diseases/pathogens are identified by a fish pathologist in aquatic plants or animals in an aquaculture facility, or in transit to or from such a facility, or in animals intended to be imported into the state, pursuant to Section 236 of these regulations, which require restrictive action by the department, the owner or consignee involved shall be notified by the department immediately. The owner or consignee may accept the original identification or may request that the department seek confirmation of the identification by another fish pathologist.
(3) Upon confirmation, if requested, or acceptance of the identification of any listed disease/pathogen which requires restrictive action by the department as set forth in subsection (c), a compliance agreement describing the action to be taken may be drawn up between the owner and the director. The department shall commence negotiation of the terms of the compliance agreement within 48 hours after acceptance or confirmation as defined in subsection (b). The agreement must be signed by the owner and the director within 30 days of acceptance or confirmation. If the compliance agreement is not signed within 30 days, a quarantine as specified in Fish and Game Code Section 15505 may be imposed while the owner appeals to the commission. The agreement shall be designed in consultation with the Aquaculture Disease Committee to bring the least amount of economic hardship possible to the affected party while affording maximum protection to other growers and the fishery resources of the State.
(4) If at any time a fish pathologist identifies one or more pathogens listed in this section anywhere within the State of California, he must immediately report the identification to the director of the department.
(5) Methods for disposal of aquatic plants and animals and for disinfection of aquaculture equipment and facilities shall be specified in the compliance agreement in accordance with the disease category and the threat to other aquatic plant or animal life or aquaculture facilities.
(6) Any live aquatic plants, animals or eggs originating outside California shall be certified by a fish pathologist as free of subsection (c) listed diseases/pathogens before a permit for importation is issued.
(7) Anyone interested in conducting research on those diseases/pathogens designated as catastrophic must submit a written research proposal to the director of the department and obtain written approval from the director before the pathogen is brought to their facility. Anyone denied approval pursuant to this subsection may appeal such denial to the commission.
(8) Upon identification of a disease/pathogen which presents a threat to the aquaculture industry or aquatic animal or plant life, but which is not listed in this section, the director of the department shall immediately consult, by phone if necessary, with the Aquaculture Disease Committee, impose an immediate holding action and develop a plan of action, which may include prohibiting an intended importation of aquatic plants or animals infected by the disease.
(b) Definitions.
(1) Compliance Agreement. A written agreement between the director of the department and the owner or consignee of the diseased or infected aquaculture product which outlines the steps for disposal of the infected aquatic plants or animals and the procedures, both chemical and mechanical, for clean up of the facility.
(2) Confirmation. The second identification of a disease agent from the original sample or source by another fish pathologist.
(3) Disposal. The destruction or marketing of animals by methods prescribed in a compliance agreement.
(4) Eradication. The elimination of disease agents.
(5) Fish Pathologist. A department veterinarian or fish pathologist, or a fish pathologist certified by the Board of Certification of the Fish Health Section of the American Fisheries Society pursuant to their guidelines adopted effective January 1, 1982 or a fish health specialist recognized by a state or federal governmental authority and approved by the department.
(6) Immediate Holding Action. A prohibition of moving any plant or animal from an aquaculture facility for up to 30 days.
(7) Other Holding Action. Restrictions outlined in the compliance agreement on plant or animal movement to specific markets, watersheds or geographic areas deemed necessary by the department to protect other aquaculture facilities and the aquatic plants and animals of the State.
(8) Q Diseases. Diseases for which there is so little information they cannot be given a permanent classification.
(9) Disease. An abnormal condition of an organism as a consequence of infection by a pathogen, that impairs normal physiological function. 
(10) Pathogen. A biological agent that has the potential to cause disease. 
(11) Infection. Invasion of an organism by a pathogenic biological agent. 
(c) Disease Categories. The diseases/pathogens of concern are grouped in four categories as to their seriousness and the specific action to be taken when diagnosed.
(1) Significant Diseases/Pathogens. On identification by a fish pathologist and confirmation, if requested, of any of these diseases/pathogens, the director shall immediately consult, by phone if necessary, with the Aquaculture Disease Committee and shall impose an immediate holding action, other holding action or no restrictions as the director in consultation with the Aquaculture Disease Committee may deem necessary.
(A) Viruses 
1. White Sturgeon Iridiovirus (WSIV). 
(B) Bacteria 
1. Enteric Redmouth (ERM) Yersinia ruckeri. 
2. Furunculosis Aeromonas salmonicida. 
3. Vibriosis in finfish raised in freshwater Vibrio spp. 
(C) Parasites 
1. Copepod Lernaea spp., Salmincola spp., and Ergasilus spp. 
2. Oyster Disease (MSX) Haplosporidium nelsoni. 
3. Sabellid Polychaete Fan Worm Terebrasabella heterouncinata. 
(D) Fungi
1. Ichthyophonus lchthyophonus hoferi. 
(E) Dinoflagellate Algae 
1. Oyster Perkinsosis Perkinsus marinus. 
(2) Serious Diseases. On identification by a fish pathologist of any of these diseases, the director shall immediately consult, by phone if necessary, with the Aquaculture Disease Committee and shall impose an immediate holding action until confirmation, if requested, is obtained; then the action will be disposal or other holding action the director in consultation with the Aquaculture Disease Committee may deem necessary, as specified in the compliance agreement.
(A) Viruses 
1. Koi Herpes Virus (KHV). 
2. Largemouth Bass Virus (LMBV). 
(B) Bacteria 
1. Bacterial Kidney Disease (BKD) Renibacterium salmoninarum. 
(C) Parasites 
1. Bonamiasis of Oysters Bonamia spp. 
2. Ceratomyxosis Ceratomyxa shasta. 
3. Microsporiasis Pleistophora ovariae. 
4. Proliferative Kidney Disease (PKD) Tetracapsuloides bryosalmonae 
5. Seaside Disease Haplosporidium costale. 
6. Whirling Disease Myxobolus cerebralis. 
(3) Catastrophic Diseases. On identification by a fish pathologist of any of these diseases, the director shall immediately consult, by phone if necessary, with the Aquaculture Disease Committee and shall impose an immediate holding action until confirmation, if requested, is obtained; then other holding action, disposal and eradication shall be required, as specified in the compliance agreement.
(A) Viruses
1. Abalone Herpesvirus. 
2. Channel Catfish Virus (CCV). 
3. Infectious Hematopoietic Necrosis Virus (IHNV). 
4. Infectious Pancreatic Necrosis Virus (IPNV). 
5. Infectious Salmon Anemia Virus (ISAV). 
6. Spring Viremia of Carp Virus (SVCV) Rhabdovirus carpio. 
7. Viral Hemorrhagic Septicema Virus (VHSV). 
(B) Bacteria 
1. Salmon Rickettsiosis Piscirickettsia salmonis. 
(C) Parasites 
1. Marteilioides chungmuensis. 
(4) Q Diseases. On identification by a fish pathologist and confirmation, if requested, of any of these diseases, the director shall immediately consult, by phone if necessary, with the Aquaculture Disease Committee and shall impose an immediate holding action pending determination of a course of action for diseases in this classification.
(A) Viruses 
1. Herpesvirus salmonis (HPV). 
2. Viral Erythrocytic Necrosis Virus (VENV). 
(B) Bacteria 
1. Edwardsiella ictaluri. 
(C) Parasites
1. Denman Island Disease of Oysters Mikrocytos mackini. 
(d) Aquatic Diseases and Host Organisms. Pursuant to Section 15500 of the Fish and Game Code, the commission has compiled a list of diseases and parasites and the aquatic plants and animals they are known to infect or parasitize. Infected plants or animals are considered detrimental to the aquaculture industry and to wild stocks of aquatic plants and animals.

          Disease/Pathogen	Host

(1) Viruses

(A) Abalone Herpesvirus	Abalone
(B) Channel Catfish Virus (CCV)	Channel catfish
(C) Herpesvirus salmonis (HPV)	Rainbow trout
(D) Infectious Hematopoietic Necrosis Virus (IHNV)	Salmonids
(E) Infectious Pancreatic Necrosis Virus (IPNV)	Salmonids
(F) Infectious Salmon Anemia Virus (ISAV)	Salmonids
(G) Koi Herpes Virus (KHV)	Common Carp
(H) Largemouth Bass Virus (LMBV)	Centrarchids
(I) Spring Viremia of Carp Virus (SVCV) Rhabdovirus
 carpio	Carp
(J) Viral Erythrocytic Necrosis Virus (VENV) 	Marine and
	anadromous 
	finfish
(K) Viral Hemorrhagic Septicemia Virus (VHSV) 	Marine/
	freshwater 
	finfish
(L) White Sturgeon Iridovirus (WSIV) 	Sturgeon

(2) Bacteria 

(A) Bacterial Kidney Disease (BKD) Renibacterium
 salmoninarum	Salmonids
(B) Enteric Redmouth (ERM) Yersinia ruckeri	Finfish
(C) Edwardsiella ictaluri	Channel catfish
(D) Furunculosis Aeromonas salmonicida	All finfish
(E) Salmon Rickettsiosis Piscirickettsia salmonis	Salmonids
(F) Vibriosis in finfish raised in freshwater Vibrio spp.	Finfish

(3) Parasites 

(A) Bonamiasis of Oysters Bonamia spp.	Oyster
(B) Ceratomyxosis Ceratomyxa shasta 	Salmonids,
	polychaetes
(C) Copepod Lernaea spp., Salmincola spp., and 	Freshwater
 Ergasilus spp.	finfish 
(D) Denman Island Disease Mikrocytos mackini	Oysters
(E) Marteilioides chungmuensis	Oysters
(F) Microsporiasis Pleistophora ovariae 	Golden shiner,
	fathead minnow
(G) Oyster Disease (MSX) Haplosporidium nelsoni	Oysters 
(H) Proliferative Kidney Disease (PKD) Tetracapsuloides 
 bryosalmonae	Salmonids
(I) Sabellid Polychaete Fan Worm Terebrasabella 
 heterouncinata	Gastropod
	Molluscs 
(J) Seaside Disease Haplosporidium costale	Oyster
(K) Whirling Disease Myxobolus cerebralis	Salmonids, 
	tubifex

(4) Fungi 

(A) Ichthyophonus Ichthyophonus hoferi	Finfish 

(5) Dinoflagellate Algae 

(A) Oyster Perkinsosis Perkinsus marinus	Oysters
NOTE

Authority cited: Sections 200, 15500 and 15504, Fish and Game Code. Reference: Sections 15500, 15504, 15505, 15506, 15508 and 15509, Fish and Game Code. (Section filed 6-27-85, operative 7-27-85; Register 85, No. 26).
HISTORY

1. Amendment of subsection (d)(7); deletion of subsection (c)(3)(D); and addition of subsection (c)(2)(H) filed 9-29-86, operative 10-29-86 making the following changes: Subsection (c)(3)(D): Deleted “Whirling Disease (Myxosoma cerebralis).”; Subsection (c)(2)(H): Added “Whirling Disease (Myxosoma cerebralis).”; Subsection (d)(7): Substituted “B” for “P” in “Bacterial” after “7.”; (Register 86, No. 43). 
2. New subsection (c)(1)(I) and amendment of subsection (d) adding item 25 filed 7-28-99; operative 8-27-99 (Register 99, No. 31).
3. Editorial correction moving Histories related to Appendix A to follow Appendix A and renumbering Histories (Register 2006, No. 20).
4. Amendment filed 12-29-2008; operative 12-29-2008 pursuant to Government Code section 11343.4 (Register 2009, No. 1). 

Appendix A. Fishing Activity Records

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FG 113 (January 1, 1997)

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FG 114 (Rev. 1/07)

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HISTORY

1. Amendment of Appendix A -- “Daily Lobster Log” filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
2. Repealer of form DFG 122 (within Appendix A) and new form DFG 122 (incorporated by reference) filed 7-13-2005; operative 7-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 28). 
3. Amendment adding form FG 2025 to Appendix A filed 3-22-2006; operative 4-21-2006 (Register 2006, No. 12).
4. Editorial correction moving Histories related to Appendix A from section 245 to following Appendix A and renumbering Histories (Register 2006, No. 20).
5. New forms DFG 149a and DFG 149b filed 2-13-2007; operative 2-13-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 7). 
6. Amendment of appendix adding forms FG 113 and FG 114 filed 8-22-2007; operative 9-21-2007 (Register 2007, No. 34).
Subdivision 2. Game and Furbearers
Chapter 1. General Provisions and Definitions
§250. General Prohibition Against Taking Resident Game Birds, Game Mammals and Furbearing Mammals.
Note     •     History

Except as otherwise provided in this Title 14, and in the Fish and Game Code, resident game birds, game mammals and furbearing mammals may not be taken at any time.
NOTE

Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 2000, 2001, 3000, 3500, 3950, and 4000, Fish and Game Code.
HISTORY

1. Sections 250, 251, and 801 repealer filed 6-9-59, effective 7-1-59; new Chapter 1 (Sections 250-258) filed 6-9-59; designated effective 7-1-59 (Register 59, No. 9). For history of former Sections 250, 251, and 801, see Register 58, No. 10.
2. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§250.5. Shooting Time.
Note     •     History

In these orders whenever a specific clock time is mentioned, such time is meant to be legal California time for the date specified: i.e., during the days when California is on Pacific Daylight Saving Time, Pacific Daylight Saving Time is intended; when California is legally on Pacific Standard Time, Pacific Standard Time is intended. When reference is made to sunrise or sunset time, such reference is to the sunrise or sunset time at the location of the hunter.
NOTE

Authority cited: Sections 200, 202, 203, and 3000, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, and 211-222, Fish and Game Code.
HISTORY

1. New NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§250.6. Definition of Take.
Note     •     History

NOTE

Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 86 and 2000, Fish and Game Code.
HISTORY

1. New section filed 6-4-70; designated effective 7-1-70 (Register 70, No. 23).
2. Repealer filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§251. Prohibition on Pursuing or Shooting Birds and Mammals from Motor-Driven Air or Land Vehicles, Motorboats, Airboats, Sailboats or Snowmobiles.
Note     •     History

(a) General Prohibition: No person shall pursue, drive, herd, or take any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat, or snowmobile. Additionally, no person shall use any motorized, hot-air, or unpowered aircraft or other device capable of flight or any earth orbiting imaging device to locate or assist in locating big game mammals beginning 48 hours before and continuing until 48 hours after any big game hunting season in the same area. No person shall use at any time or place, without Department approval, any computer, telemetry device or other equipment to locate a big game mammal to which a tracking device is attached. For purposes of this subsection “use” includes but is not limited to personal use or intent by another to obtain information from such personal use. Evidence of an act constituting a violation of this section includes but is not limited to flying slowly at low attitudes, hovering, circling or repeatedly flying over any area where big game may be found. Exceptions to this subsection are:
(1) When the motor of such motorboat, airboat, or sailboat has been shut off and/or the sails furled and its progress therefrom has ceased, and it is drifting, beached, moored, resting at anchor, or is being propelled by paddle, oar or pole.
(2) When used by the landowner or tenant of private property to drive or herd game mammals for the purpose of preventing damage to private property.
(3) Pursuant to a license from the department issued under such regulations as the commission may prescribe (see subsection 251(b) below). 
(b) Mobility Disabled Persons Motor Vehicle License
(1) Applications: Applications for a Motor Vehicle Hunting License for mobility disabled persons shall be on a form supplied by the Department (Mobility Impaired Disabled Persons Motor Vehicle Hunting License Application, FG1460-10/95). The application shall include the applicant's name, address, physical description, a description of the qualifying disability, and a certified statement from a licensed physician describing the applicant's permanent disability. It shall be unlawful for any person to falsify an application for a Motor Vehicle Hunting License.
(2) Terms of the License: The Motor Vehicle Hunting License shall specify conditions under which said license shall be used and shall include but not be limited to the following provisions:
(A) The licensee shall be accompanied by an able bodied assistant who shall immediately retrieve, and tag if necessary, all game taken. (Possession of the licensee's tag, required in this subsection, shall not be considered an unlawful possession of a tag or license issued to another person).
(B) The assistant shall not possess a firearm, crossbow or archery equipment unless he/she is a licensed hunter and possesses any necessary license or tag for the area being hunted. The assistant shall not discharge a firearm or release a bolt or an arrow from the vehicle. If licensed, the assistant may dispatch wounded game which has moved out of range of the licensee.
(C) The vehicle must be stopped and the engine must be shut off prior to the licensee discharging firearm or releaseing a bolt from a crossbow or an arrow from archery equipment.
(D) The licensee shall notify the Department, at the regional office having responsibility for the area where the licensee intends to hunt, at least 48 hours prior to hunting or contact the department's 24-hour dispatcher at the number indicated on the license. The licensee shall specify the locality, vehicle description, and the approximate time frame during which such hunt shall take place.
(E) The licensee or assistant shall not pursue any animal or drive or herd animals to any other hunters with a motor vehicle.
(F) This license does not grant permission to trespass on private property or permission to use a motor vehicle while in any area where the use of motor vehicles is restricted or prohibited.
(G) This license does not grant permission to discharge a firearm in any place or manner that would otherwise be unlawful, or to possess a loaded firearm in violation of any other city, county or state law.
(H) The licensee shall have the license in possession while hunting from a motor vehicle.
(3) License Fee: A license fee of $25.00, as adjusted annually pursuant to Section 713 of the Fish and Game Code, shall be charged for processing and issuing the Mobility Impaired Disabled Person Motor Vehicle Hunting License. Licenses shall be issued only by the Director or his/her designee. Licenses shall be permanent and have no expiration date.

View Graphic
NOTE

Authority cited: Sections 200, 202, 203, 355, 3003.5, 3800, and 4150, Fish and Game Code. Reference: Sections 200, 202, 203, 355, 356, 711, 3003.5, 3800, and 4150, Fish and Game Code.
HISTORY

1. Amendment filed 6-15-60; designated effective 7-1-60 (Register 60, No. 14). See history note to Sec. 250.
2. Amendment filed 6-4-70; designated effective 7-1-70 (Register 70, No. 23).
3. Amendment filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24).
4. New NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
5. Amendment of subsection (c) filed 6-22-84 as an emergency; designated effective 7-1-84 (Register 84, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-29-84.
6. Certificate of Compliance including amendment of NOTE transmitted to OAL 10-22-84 and filed 11-26-84 (Register 84, No. 48).
7. Amendment of subsection (a) and new subsection (b) filed 1-2-91; operative 2-1-91 (Register 91, No. 6).
8. Amendment filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
9. Amendment of subsections (b)(1), (b)(2)(A)-(C), (b)(3) and form filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
10. Amendment of subsection (a) filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
§251.1. Harassment of Animals.
Note     •     History

Except as otherwise authorized in these regulations or in the Fish and Game Code, no person shall harass, herd or drive any game or nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal's normal behavior patterns, which includes, but is not limited to, breeding, feeding or sheltering. This section does not apply to a landowner or tenant who drives or herds birds or mammals for the purpose of preventing damage to private or public property, including aquaculture and agriculture crops.
NOTE

Authority cited: Sections 200, 202, 203, 355, 3800 and 4150, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 215, 220, 2000, 3800 and 4150, Fish and Game Code.
HISTORY

1. New section filed 6-4-70; designated effective 7-1-70 (Register 70, No. 23).
2. Amendment filed 5-28-71; designated effective 7-1-71 (Register 71, No. 22).
3. Repealer filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24).
4. New section filed 11-14-90; operative 11-14-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 50).
§251.2. Permits to Pursue, Drive, Herd, or Take Birds and Mammals.
Note     •     History

Permits to pursue, drive, herd, or take birds and mammals with or from motorized water, land, or air vehicles may be issued by the department under and subject to the following conditions:
(a) To Whom Issued. Permits may be issued to landowners, tenants, or lessees suffering damage, actual or immediately threatened, to land or property by birds or mammals. Permits may not be issued to any person less than 18 years of age. The privilege granted in a permit entitles only the permittee, members of his family, his employees or contractors to pursue, drive, herd, or take birds and mammals in accordance with the provisions of the permit. No permittee shall allow any person under 16 years of age to take, pursue, drive, or herd birds or mammals under a permit. No permit may be transferred to another person.
(b) Exemption from Permit. Federal or state animal control agencies and their employees or contractors, including other public employees supervised by such agencies, engaged in pursuing, driving, herding or taking birds or mammals in the performance of their regular duties are not required to obtain a permit pursuant to this section. This exemption shall not be effective unless the agencies or their employees or contractors are performing their required duties in accordance with applicable Federal regulations. Agencies taking depredating animals on or over private lands shall do so only through a written landowner agreement. Such agreement shall become valid only upon approval of the department. Federal or state animal control agencies engaged in the foregoing activities shall submit a report to the headquarters office of the Department of Fish and Game each calendar quarter showing the number and species of birds or mammals taken or herded; area where the activity occurred, and such other information the department may require.
(c) Application Requirements. An applicant for a permit shall submit a written request to the department showing his name, address, location and size of the land where damage is occurring, and the names of all individuals and/or State or Federal agencies other than the applicant who may be employed or authorized by the applicant to pursue, drive, herd, or take the birds or mammals which are causing damage, actual or immediately threatened, to land or property; a description of the property, including livestock or other domestic animals being damaged; the species of birds or mammals causing damage; the proposed method of pursuing, driving, herding, or taking the offending animals; the period of time a permit is needed to alleviate damage; and such other information the department may require.
(d) Investigation of  Damage. Upon receiving a request for a permit, the department shall investigate the applicant's claim of damage and shall be satisfied that damage has occurred or is immediately threatened before issuing a permit. The department may deny a request for a permit, and the applicant may appeal such decision before the commission.
(e) Permit Limitations. A permit issued pursuant to these regulations shall not authorize the permittee to kill any game bird or game mammal. A permit shall be valid on public lands only if the permittee has permission from the agency controlling the lands to exercise the privileges of the permit on such lands, or if the permittee, by obtaining a permit under these regulations, has fulfilled applicable requirements set forth in Federal laws and regulations.
The department may impose any additional limitation or requirement in a permit as needed to prevent unnecessary harm to any species of wildlife or for public safety reasons.
(f) Reports. The permittee shall submit a report within 15 days following expiration of the permit showing the number of birds or mammals taken under the permit, except that any permittee authorized to use any type of aircraft under such permit shall submit a report to the department each calendar quarter showing the number and species of animals taken.
NOTE

Authority cited: Section 3003.5, Fish and Game Code. Reference: Section 3003.5, Fish and Game Code.
HISTORY

1. New section filed 7-6-72; effective thirtieth day thereafter (Register 72, No. 28).
2. Amendment filed 1-16-74; effective thirtieth day thereafter (Register 74, No. 3).
3. Amendment of subsections (a) and (b) filed 12-9-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 50).
4. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§251.3. Prohibition Against Feeding Big Game Mammals.
Note     •     History

No person shall knowingly feed big game mammals, as defined in Section 350 of these regulations. 
NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 215 and 220, Fish and Game Code.
HISTORY

1. New section filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
2. Amendment filed 1-8-2008; operative 2-7-2008 (Register 2008, No. 2).
§251.4. Mountain Lion Tagging.
Note     •     History

(a) Permits and Tagging Requirements.
Pursuant to Section 4800 of the Fish and Game Code, no person may sell or possess any mountain lion, part or product thereof, unless he/she is in possession of an authorizing permit issued by the department and said mountain lion, part or product thereof, has been tagged by the department. Permits and numbered tags shall be issued from the Wildlife Protection Division, 1416 Ninth Street, Box 944209, Sacramento, Ca 94244-2090 (Telephone No. 916 653-4094) only to persons who can demonstrate that the mountain lion, part or product thereof, was in their possession on or before June 6, 1990.
(b) Prohibition of Removal of Tag.
No person shall remove the tag applied to a lion, part or product thereof, pursuant to this section.
(c) Permit Fee: $5.00.
NOTE

Authority cited: Sections 200 and 3080, Fish and Game Code. Reference: Sections 200 and 4800, Fish and Game Code.
HISTORY

1. New section filed 7-6-72; effective thirtieth day thereafter (Register 72, No. 28).
2. Repealer filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
3. New section filed 7-8-92; operative 7-8-92 pursuant to Fish and Game Code section 215 (Register 92, No. 28).
§251.5. Game Birds, Game Mammals, Furbearers and Nongame Animals, Possession Of.
Note     •     History

(a) Migratory game birds may not be held beyond the period provided by the federal regulations and in accordance with the daily bag and possession limits prescribed by these regulations. (See section 500.)
(b) Live mountain lions may be possessed only under terms of a permit issued by the Department pursuant to section 2150 of the Fish and Game Code or if the owner can demonstrate that the mountain lion was in his/her possession on or before June 6, 1990 under a permit issued pursuant to section 3200 of said code.
(c) Every game bird, game mammal, furbearer or nongame animal taken under the authority of a hunting or trapping license and reduced to possession by the hunter or trapper shall be immediately killed and become a part of the daily bag limit.
NOTE

Authority cited: Sections 200, 202, 203, 220, 3005.5, 3800 and 4150, Fish and Game Code. Reference: Sections 200-203.1, 207, 220, 2000, 2001, 3005.5, 3800, 4150 and 4800, Fish and Game Code.
HISTORY

1. Amendment filed 12-11-70; effective thirtieth day thereafter (Register 70, No. 50). For prior history, see Register 70, No. 23.
2. Relettering of subsection (e) to (f) and new subsection (e) filed 6-1-73; designated effective 7-1-73 (Register 73, No. 22).
3. Amendment of subsection (e) filed 6-6-75; designated effective 7-1-75 (Register 75, No. 23).
4. Amendment of subsection (a) filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
5. Editorial correction of subsection (b) filed 8-26-82 (Register 82, No. 35).
6. Amendment of subsection (b) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
7. Amendment of subsection (d) filed 7-31-91; operative 8-30-91 (Register 91, No. 48).
8. Amendment of subsection (e) and Note filed 1-27-94; operative 1-27-94 pursuant to Fish and Game Code sections 202 and 215 (Register 94, No. 4).
9. Repealer of subsections (f)-(f)(11) filed 8-8-94; operative 9-7-94 (Register 94, No. 32).
10. Repealer of subsections (a) and (b), subsection relettering and amendment of Note filed 9-1-2000; operative 9-1-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 35).
§251.6. Tagging of Live Domesticated Big Game Mammals.
Note     •     History

(a) Domesticated game breeders or other persons holding domesticated big game mammals including nonnative hoofed big game mammals in captivity shall within 30 days after such mammals are acquired, or born, mark each animal with a seal, ear tag or other marking device supplied by the Department of Fish and Game. Alternate methods of marking big game mammals may be used upon approval by the department.
(b) The requirements of this section shall not apply to public zoological gardens, game breeders holding animals on any island in the Santa Barbara Channel area, and to those animals presently in captivity in such cases where the department determines that the capturing and marking or tagging would create a substantial risk to human safety or to the health and safety of the animals.
(c) The seals shall be numerically identified and issued at a cost of 25 cents (25¢) per seal. The seals shall be issued only from the Sacramento office of the Department of Fish and Game.
NOTE

Authority cited: Sections 1002, 3080, 3081, 3214, and 3217, Fish and Game Code. Reference: Sections 1002, 3080, 3081, 3200-3219, and 3950, Fish and Game Code.
HISTORY

1. New section filed 3-17-71; effective thirtieth day thereafter (Register 71, No. 12).
2. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§251.7. Possession, Transportation and Importation of Game Birds.
Note     •     History

(a) No person may possess any birds taken in this state in excess of the daily bag and possession limits. The exception to this is for the purpose of transportation, cleaning, storage (including temporary storage), shipment, or taxidermy services, where an individual may possess game birds taken by another hunter provided that they are tagged by the hunter who has lawfully taken them. The tag must contain the hunter's name, address, hunting license number, kinds and numbers of game birds taken, date and location of kill, and signature.
(b) All birds, including migratory game birds, possessed or transported within California must have a fully feathered wing or head attached until placed into a personal abode or commercial preservation facility or being prepared for immediate consumption. Doves must have a fully feathered wing attached.
(c) Migratory game birds imported into California shall be accompanied by a declaration of entry as prescribed in Section 2353 of the Fish and Game Code.
(d) Only one possession limit of migratory game birds may be possessed per individual after the close of the season for that species.
NOTE

Authority cited: Sections 202 and 355, Fish and Game Code. Reference: Sections 202, 355 and 356, Fish and Game Code.
HISTORY

1. New section filed 10-12-95; operative 10-12-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 41).
2. Change without regulatory effect amending subsection (d) filed 10-31-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 44).
3. Amendment of subsections (a) and (b) filed 8-29-2007; operative 9-1-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 35).
§251.8. Transportation of Game Birds and Game Mammals off Indian Reservations.
Note     •     History

(a) Pursuant to the provisions of sections 3080 and 3081(b) of the Fish and Game Code, game birds and game mammals taken by California Indians on reservations under those circumstances wherein the taking of such animals is excepted from the application of the California Fish and Game Code in accordance with the provisions of section 12300 of the Fish and Game Code may be transported off the reservation and possessed within this state subject to the following conditions:
(1) A permit, in such form as shall be prescribed by the Department of Fish and Game, to transport the carcass of a game bird or mammal or parts thereof off a particular California Indian reservation shall first be obtained from tribal members designated by the tribal council of the reservation. Copies of the permit shall be maintained and distributed by the designated tribal members in accordance with instructions issued by the Department of Fish and Game.
(2) The carcass of each game bird or mammal or parts thereof shall be suitably stamped and/or tagged in such manner as shall be designated by the Department of Fish and Game prior to the transportation off the reservation.
(3) The permit, stamps and/or tags, as prescribed by the Department of Fish and Game, shall be furnished to each tribal reservation without charge. No fee shall be charged for the issuance of the permit or the stamping and/or tagging of the carcass.
(4) The permittee shall retain such permit in his possession and shall maintain the stamp and/or tags on the carcass or parts thereof at all times while transporting or possessing the carcass or parts thereof off his reservation.
(b) Game birds and game mammals taken on Indian reservations in accordance with applicable provisions of the Fish and Game Code and part 2, division 1, title 14, of the California Code of Regulations, which apply to the remainder of the state may be transported and possessed on such reservations without a permit being issued or the carcasses being stamped or tagged as provided in this section.
NOTE

Authority cited: Sections 200, 202, 203, 3080, 3081, and 12300, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3080, 3081, and 12300, Fish and Game Code.
HISTORY

1. New section filed 7-3-70; effective thirtieth day thereafter (Register 70, No. 27).
2. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
3. Editorial correction of printing error in subsection (b) (Register 91, No. 31).
§251.9. Computer Assisted Remote Hunting.
Note     •     History

(a) It is unlawful to take or assist in the taking of any bird or mammal in or from this state, by computer-assisted remote hunting.
(b) It is unlawful to establish or operate a computer-assisted remote hunting site for the purpose of taking any bird or mammal from or within this state.
(c) For the purposes of this section, “computer-assisted remote hunting” means the use of a computer or any other remotely controlled device, equipment, software, or technology, to remotely control the aiming or discharge of any weapon, including, but not limited to, any firearm, bow and arrow, spear, harpoon or any other weapon capable of killing or injuring any bird or mammal, for the purposes of taking any bird or mammal.
(d) For the purposes of this section, “computer-assisted remote hunting site” means any computer, internet site or web-based device or system, or other electronically operated site or system used to assist in the remote taking of any bird or mammal.
NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202 and 203, Fish and Game Code.
HISTORY

1. New section filed 11-1-2005; operative 12-1-2005 (Register 2005, No. 44).
§252. Bag and Possession Limit Defined.
Note     •     History

“Bag and possession limit” means the daily bag limit of each kind of resident and migratory game birds, game mammals and furbearing mammals which may be taken and possessed by any one person unless otherwise authorized.
NOTE

Authority cited: Sections 200, 202, 203, 2001, 3800, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 2001, 3800, and 4150, Fish and Game Code.
HISTORY

1. Amendment filed 6-1-73; designated effective 7-1-73 (Register 73, No. 22).
2. New NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§253. Big Game Defined. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 2001, 3800, and 4150, Fish and Game Code.
HISTORY

1. Amendments filed 6-4-70; designated effective 7-1-70 (Register 70, No. 23).
2. Repealer filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§255. Code Definitions Reaffirmed.
Note     •     History

Words defined by sections 8, 9, 10, 11, 18, 22, 29, and 30 through 88 inclusive of the Fish and Game Code have had and shall have the same meaning, definition and scope whenever used in division 1 of title 14, California Code of Regulations, it being the intent of the Fish and Game Commission in adopting the orders, rules, and regulations set forth in said division that the provisions of said sections were and are applicable.
NOTE

Authority cited: Sections 200, 202, 203, 3800, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3800, and 4150, Fish and Game Code.
HISTORY

1. New NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
2. Editorial correction of printing error (Register 91, No. 31).
§256. Forked Horn and Three Point Bucks Defined.  [Repealed]
Note     •     History

NOTE

Authority and reference cited: Sections 200-221, inclusive, Fish and Game Code.
HISTORY

1. Amendment filed 6-13-68; designated effective 7-1-68 (Register 68, No. 22).
2. New subsections (c) and (d) filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
3. Renumbering and amendment of Section 256 to Section 351 filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§257. Resident Small Game Defined.
Note     •     History

“Resident small game” means the following resident game birds: Chinese spotted doves, Eurasian collared-doves, ringed turtle-doves of the family Columbidae, California quail and varieties thereof, Gambel's or desert quail, mountain quail and varieties thereof, sooty grouse and varieties thereof, ruffed grouse, sage grouse (sage hens), white-tailed ptarmigan, Hungarian partridges, red-legged partridges, including the chukar and other varieties, ring-necked pheasants and varieties, and wild turkeys of the order Galliformes; and the following game mammals: jackrabbits and varying hares (genus Lepus), cottontail rabbits, brush rabbits, pigmy rabbits (genus Sylvilagus), and tree squirrels (genus Sciurus and Tamiasciurus).
NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 207, 3800 and 3950, Fish and Game Code.
HISTORY

1. Amendment filed 6-23-66; designated effective 7-2-66 (Register 66, No. 19).
2. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
3. Amendment filed 9-27-84; effective tenth day thereafter (Register 85, No. 39).
4. Amendment of section filed 9-16-91; operative 9-16-91 pursuant to Fish and Game Code section 215 (Register 91, No. 52).
5. Amendment of section and Note filed 8-29-2007; operative 9-1-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 35).
6. Change without regulatory effect amending section filed 8-25-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 35).
§257.5. Prohibition Against Taking Resident Game Birds and Mammals by the Aid of Bait.
Note     •     History

Except as otherwise provided in these regulations or in the Fish and Game Code, resident game birds and mammals may not be taken within 400 yards of any baited area.
(a) Definition of Baited Area. As used in this regulation, “baited area” shall mean any area where shelled, shucked or unshucked corn, wheat or other grains, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds or mammals is directly or indirectly placed, exposed, deposited, distributed, or scattered, and such area shall remain a baited area for ten days following complete removal of all such corn, wheat or other grains, salt, or other feed.
(b) Exceptions:
(1) The taking of domestically reared and released game birds on licensed pheasant clubs and other licensed game bird clubs;
(2) The taking of resident game birds and mammals on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting;
(3) The taking of resident game birds and mammals on or over any lands where shelled, shucked or unshucked corn, wheat or other grain, salt, or other feed have been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: provided that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.
NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3800 and 3950, Fish and Game Code.
HISTORY

1. New section filed 8-9-79; designated effective 9-1-79 (Register 79, No. 32).
2. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
3. Amendment of first paragraph filed 7-1-86; effective upon filing (Register 86, No. 27).  
§258. Season Defined.
Note     •     History

“Season” means that period of time during which resident and migratory game birds, game mammals and fur-bearing mammals may be taken. All dates are inclusive.
NOTE

Authority cited: Sections 200, 202, 203, 355, 3800, and 4150, Fish and Game Code. Reference: Sections 11, 29, 62, 200-203.1, 206, 207, 211-222, 355, 3800, and 4150, Fish and Game Code.
HISTORY

1. Amendment filed 6-23-66; designated effective 7-2-66 (Register 66, No. 19).
2. New NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§260. Prohibition Against Taking Other Than Migratory Game Birds and Quail in Picacho State Recreation Area.
Note     •     History

Notwithstanding any other provisions of these regulations, in Picacho State Recreation Area only migratory game birds and quail may be taken or possessed as prescribed in Sections 301, 500, 501 and 502 of these regulations.
NOTE

Authority cited: Sections 200, 202, 203, 308, 355, 3800, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 355, 356, 3800, and 4150, Fish and Game Code.
HISTORY

1. New section filed 7-31-68 as an emergency; effective upon filing (Register 68, No. 29).
2. Certificate of Compliance--Section 11422.1, Gov. Code, filed 10-8-68 (Register 68, No. 38).
3. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§260.1. Prohibition Against Hunting Other Than During September-January on Providence Mountains State Recreation Area.
Note     •     History

Notwithstanding any other provisions of these regulations, in Providence Mountains State Recreation Area hunting is permitted only during the period September 1 to January 31.
NOTE

Authority cited: Sections 200, 202, 203, 355, 3800, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 355, 356, 3800, and 4150, Fish and Game Code.
HISTORY

1. New section filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24).
2. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
§260.2. Hunting Restrictions on Lake Oroville State Recreation Area.
Note     •     History

Game species may be taken on the Lake Oroville State Recreation Area only as follows:
(a) No hunting of any type is permitted between February 1 and September 14 except for wild turkeys only, during the spring turkey hunting season as provided in Section 306 of these regulations.
(b) No waterfowl or deer hunting is permitted at any time.
(c) Game species may be taken only during their respective open seasons or portions thereof falling within the period September 15 through January 31; and as provided in (a) above; and as otherwise provided by state Parks and Recreation area regulations (see area regulations).
NOTE

Authority cited: Sections 200, 202, 203, 308, 355, 3800, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 355, 356, 3800 and 4150, Fish and Game Code.
HISTORY

1. New section filed 8-28-74; effective thirtieth day thereafter (Register 74, No. 35).
2. Amendment of subsection (c) filed 8-31-78; designated effective tenth day thereafter (Register 78, No. 35).
3. Amendment filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
4. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
5. Amendment of subsection (a) filed 9-16-81; designated effective tenth day thereafter (Register 81, No. 38). 
§260.3. Prohibition Against Taking Other Than Migratory Game Birds on San Luis Reservoir State Recreation Area.
Note     •     History

Notwithstanding any other provision of these regulations, in San Luis Reservoir State Recreation Area, only migratory waterfowl may be taken or possessed as prescribed in Section 502 of these regulations.
NOTE

Authority cited: Sections 200, 202, 203, 308, 355, 3800, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 355, 356, 3800, and 4150, Fish and Game Code.
HISTORY

1. New section filed 8-28-74; effective thirtieth day thereafter (Register 74, No. 35).
2. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§260.4. Prohibition Against Taking Other Than Waterfowl and Resident Small Game on Perris Reservoir State Recreation Area.
Note     •     History

Notwithstanding any other provision of these regulations, in Perris Reservoir State Recreation Area only waterfowl and resident small game may be taken or possessed as prescribed in Section 551 of these regulations.
NOTE

Authority cited: Sections 200, 202, 203, 308, 355, 3800, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 355, 356, 3800, and 4150, Fish and Game Code.
HISTORY

1. New section filed 8-28-74; effective thirtieth day thereafter (Register 74, No. 35).
2. Amendment filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
3. Editorial correction (Register 79, No. 31).
4. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§260.5. Prohibition Against Taking Other Than Waterfowl, American Coots, Common Moorhens and Common Snipe Within Harry A. Merlo State Recreation Area.
Note     •     History

Notwithstanding any other provision of these regulations, in Harry A. Merlo State Recreation Area, only waterfowl, American coots, common moorhens and common snipe may be taken or possessed as prescribed in Section 502 of these regulations.
NOTE

Authority cited: Sections 200, 202, 203, 355, 3800 and 4150, Fish and Game Code. Reference: Sections 200, 203.1, 355, 356, 3800 and 4150, Fish and Game Code.
HISTORY

1. New section filed 10-7-83; effective upon filing (Register 83, No. 41).
2. Amendment filed 10-11-85; effective upon filing (Register 85, No. 44). 
§262. Prohibition Against Hunting on Portions of Frank's Tract State Recreation Area.
Note     •     History

That portion of Frank's Tract State Recreation Area lying southwest of the following line is closed to hunting: Beginning at a point on Little Frank's Tract 2,000 feet north of the Piper Slough; southeast 2,000 feet east of the Piper Slough levee to the junction of the Holland Island levee.
NOTE

Authority cited: Sections 200, 202, 203, 308, 355, 3800 and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 355, 356, 3800 and 4150, Fish and Game Code.
HISTORY

1. New section filed 10-14-82; effective upon filing (Register 82, No. 42). 
§263. Prohibition Against Night Hunting.
Note     •     History

Notwithstanding any other provisions of these regulations, hunting wildlife from one-half hour after sunset to one-half hour before sunrise is prohibited in Monterey and San Benito counties east of Highway 101.
NOTE

Authority cited: Section 3000, Fish and Game Code. Reference: Section 3000, Fish and Game Code.
HISTORY

1. New section filed 6-14-77; designated effective 7-1-77 (Register 77, No. 25).
2. Amendment filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 24).
3. Amendment filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
4. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§264. Use of Lights While Hunting--Specific Areas.
Note     •     History

(a) Lights of any size or voltage may be used to take furbearing or nongame mammals only in the areas described in subsections (b) and (c) below, and only under the following conditions:
(1) The use of lights for night hunting is prohibited in any area where the general deer season is open.
(2) Furbearing mammals and nongame mammals may be taken with the aid of a spotlight or other artificial light operated from a vehicle provided such vehicle is stopped and standing with the motor off. No spotlight may be used from a vehicle which is on a public road or highway.
(b) Zone 1. (Portions of Butte, Colusa, Glenn, Placer, Sacramento, Sutter, Tehama, Yolo and Yuba counties.)
Area: Within the boundary beginning at the junction of Interstate 880 and Interstate 5 near Sacramento; east on Interstate 880 to its junction with Interstate 80; north and east on Interstate 80 to its junction with Highway 65 near Roseville, along Highway 65 to its junction with Highway 20 at Marysville; west on Highway 20 to its junction with Highway 45; north on Highway 45 to its junction with Highway 162; east on Highway 162 to its junction with Highway 99; north on Highway 99 to South Avenue near the town of Corning; west on South Avenue to Interstate 5 in Corning; north on Interstate 5 to Corning Road; west on Corning Road to Paskenta Road; west on the Paskenta Road to the town of Paskenta; southwest on the Round Valley Road to the Garland Road; south on the Garland Road to the town of Newville; south on the Newville-Elk Creek Road to the town of Elk Creek; south on the Elk Creek-Stonyford Road to the town of Stonyford; south on the Stonyford-Leesville Road to the town of Ladoga; south on the Stonyford-Leesville Road to the town of Leesville; south from Leesville on the Bear Valley Road to its intersection with Highway 20; east on Highway 20 to its intersection with Highway 16; south and east on Highway 16 to its intersection with Interstate 5; east on Interstate 5 to Interstate 880 and the point of beginning.
(c) Zone 2. (Portions of Inyo, Kern, Los Angeles, Mono and San Bernardino counties and all of Imperial, Orange, Riverside and San Diego counties.)
Area: Inyo, Mono and Kern counties south and east of a line beginning at the junction of Highway 182 and the California-Nevada state line; south on Highway 182 to its junction with Highway 395; south on Highway 395 to its intersection with Highway 168 at Bishop; west on Highway 168 to its intersection with the Inyo National Forest boundary; south on the Inyo National Forest boundary to its junction with County Highway J41; south and east on County Highway J41 to its junction with Highway 395; south on Highway 395 to its junction with Highway 14 near Inyokern; south on Highway 14 to its junction with Highway 178 at Freeman; west on Highway 178 to its junction with the Bodfish-Caliente Road at Isabella; south on the Bodfish-Caliente Road to its junction with Highway 58; east on Highway 58 to its junction with the Los Angeles Aqueduct; south and west on the Los Angeles Aqueduct Road to its junction with 265th Street West near Neenach; south on 265th Street West to its junction with the Elizabeth Lake-Pine Canyon Road at Three Points; east along the Elizabeth Lake-Pine Canyon Road to its junction with Highway 14 at Palmdale; south on Highway 14 to its intersection with the Angeles Forest Highway; south on the Angeles Forest Highway to the Mill Creek Summit Road; east and south on the Mill Creek Summit Road to its intersection with the Angeles Crest Highway (Highway 2) at Upper Chilao Campground; east on the Angeles Crest Highway to its intersection with the Los Angeles-San Bernardino county line; north on the Los Angeles-Kern-San Bernardino county line to its intersection with Highway 58; east on Highway 58 to its intersection with the range line between R3W and R4W; south along the range line between R3W and R4W to the southeast corner of T8N, R4W; east along T8N to its intersection with the west boundary of the U.S. Marine Corps Training Center; south and east on that boundary to its intersection with Giant Rock Road; east along Giant Rock Road to a point where it turns southeast and corresponding with a projected north extension of Sunfair Road; south on Sunfair Road and its projected extension to the San Bernardino-Riverside county line; and all of Imperial, Orange, Riverside and San Diego counties.
NOTE

Authority cited: Section 2005, Fish and Game Code. Reference: Section 2005, Fish and Game Code.
HISTORY

1. New section filed 1-18-78 as an emergency; effective upon filing. Certificate of Compliance included (Register 78, No. 3).
2. Amendment filed 5-19-80; designated effective 5-19-80 (Register 80, No. 21).
3. Repealer and new section filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
4. Amendment of subsections (a)(2) and (c) filed 6-24-85 as an emergency; effective upon filing (Register 85, No. 27). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-22-85.
5. Notice of Erroneous filing declaring 6-24-85 Certificate of Compliance null and void filed 7-2-85 by OAL (Register 85, No. 27).
6. Certificate of Compliance as to 6-24-85 order transmitted to OAL 9-30-85 and filed 11-1-85 (Register 85, No. 44). 
§264.5. Use of Lights While Hunting--Remainder of State.
Note     •     History

Lights may be used, in those portions of the state not listed in Section 264, to take furbearers and nongame mammals under the following conditions only:
(a) Only 9 volt lights or smaller, hand-held or worn on the head are permitted.
(b) Persons using such lights must be on foot.
(c) Lights may not be used in or from a vehicle and may not be attached or powered from any source other than self-contained batteries.
(d) A landowner or tenant suffering damage to livestock or other property by furbearing mammals or nongame mammals may designate, in writing, persons allowed by such landowner or tenant to use artificial lights in excess of 9 volts to assist in taking the depredating mammals. The landowner or tenants shall notify the closest fish and game office whenever furbearing or nongame mammals are taken under this authority.
No furbearing or nongame mammals including any threatened, endangered or fully protected species may be taken contrary to any other prohibition set forth in these regulations.
NOTE

Authority cited: Section 2005, Fish and Game Code. Reference: Section 2005, Fish and Game Code.
HISTORY

1. New section filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
2. Amendment of subsections (b) and (d) filed 6-24-85 as an emergency; effective upon filing (Register 85, No. 27). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-22-85.
3. Notice of erroneous filing declaring 6-24-85 Certificate of Compliance null and void filed 7-2-85 by OAL (Register 85, No. 27).
4. Certificate of Compliance as to 6-24-85 order transmitted to OAL 9-30-85 and filed 11-1-85 (Register 85, No. 44). 
§265. Use of Dogs for Pursuit/Take of Mammals or for Dog Training.
Note     •     History

(a) Prohibitions on the Use of dogs. The use of dogs for the pursuit/take of mammals or for dog training is prohibited as follows:
(1) The use of dogs is prohibited during the archery seasons for deer or bear.
(2) The use of dogs is prohibited for the take of elk, bighorn sheep and antelope.
(3) Mountain lions may not be pursued with dogs except under the provisions of a depredation permit issued pursuant to Section 4803 of the Fish and Game Code. Dog training on mountain lions is prohibited.
(4) The use of dogs for the pursuit/take of mammals or for dog training is prohibited from the first Saturday in April through the day preceding the opening of the general deer season in the following dog control zones:
(A) Central California Dog Control Zone: Napa County north of Highway 128 and east of Highway 29; Lake County east of a line beginning at the Lake-Napa county line and Highway 29; northwest on Highway 29 to Highway 53. From Highway 53 turn northwest on Highway 20; northwest on Highway 20 to the Lake-Mendocino county line; north on the Lake-Mendocino county line to the Lake-Glenn county line; south on Lake-Glenn county line to the Lake-Colusa county line; south on the Lake-Colusa county line to the Lake-Yolo county line; southwest on the Lake-Yolo county line to the Lake-Napa county line; west on the Lake-Napa county line to the starting point. Mendocino County east of Highway 101, and north of Highway 20. Sierra and Alpine counties and those portions of Nevada, Placer, Amador and Calaveras counties east of Highway 49; and El Dorado County east of the following line: Beginning at the junction of Highway 49 and the Placer-El Dorado county line; south on Highway 49 to Highway 193 at Cool; east and south along Highway 193 to Highway 49 in Placerville; south on Highway 49 to the Amador-El Dorado county line; east on the El Dorado-Amador county line to the Alpine-El Dorado county line; east on the Alpine-El Dorado county line to the California -Nevada state line; north on the California-Nevada state line to the Placer-El Dorado county line; west on the Placer-El Dorado county line to the starting point.
(B) Northern California Dog Control Zone:
Plumas and Trinity counties. Butte County east of the following line: Beginning at the junction of Highway 99 and the Butte-Tehama county line; south and east along Highway 99 to Highway 149; south and east along Highway 149 to Highway 70; south along Highway 70 to the Butte-Yuba county line; east on the Butte-Yuba county line to the Butte-Plumas county line; north on the Butte-Plumas county line to the Butte-Tehama county line southwest on the Butte-Tehama county line to the starting point. Del Norte County east of Highway 101. Glenn County west of a line beginning at the intersection of County Road 200 and the Glenn-Tehama county line; southeast on County Road 200 to County Road 306; south along County Road 306 to the Colusa-Glenn county line; west on the Colusa-Glenn county line to the Glenn-Lake county line; northwest on the Glenn-Lake county line to the Glenn-Mendocino county line; north on the Glenn-Mendocino county line to the Glenn-Tehama county line; east on the Glenn-Tehama county line to the starting point. Humboldt County north of Highway 36 and east of Highway 101. Siskiyou County south and west of the line defined as follows: Beginnng at the Oregon-California state line at Interstate 5, proceed south on Interstate 5 to Highway 97 at the town of Weed; north on Highway 97 to Meiss Lake Road near the town of Macdoel; east on Meiss Lake Road to Old State Highway; south on Old State Highway to Redrock Road; east on the Redrock Road (forest service road 15[8Q03] to Willow Creek Red Rock Road; north on Willow Creek Red Rock Road to the Gold Digger Pass Road (N8U01); east on the Gold Digger Pass Road to the western boundary of the Lava Beds National Monument; north and east on said boundary to the Siskiyou-Modoc county line; south on the Siskiyou-Modoc county line to the Siskiyou-Shasta county line; west on the Siskiyou-Shasta county line to the Siskiyou-Trinity county line; west on the Siskiyou-Trinity county line to the Siskiyou-Humboldt county line; northwest on the Siskiyou-Humboldt county line to the Siskiyou-Del Norte county line; north on the Siskiyou-Del Norte county line to the California-Oregon state line; east on the California-Oregon state line to the starting point. Shasta County south and west of Highway 89 and north of the line defined as follows: Beginnng at the Shasta-Tehama county line and Highway 36 near the town of Beegum, go west on Highway 36 to County Road A16; north on County Road A16 to Pine Street in the city of Redding; north on Pine Street to Eureka Way (Highway 299); west on Eureka Way (Highway 299) to Highway 273; north on Highway 273 to Interstate 5; north on Interstate 5 to the south shore of Shasta Lake; east and north along the southern shore of Shasta Lake to Fender's Ferry Road; southeast on Fender's Ferry Road to Highway 299; southwest on Highway 299 to Oakrun Road; southwest on the Oakrun Road to Fern Road in the town of Oakrun; northeast on the Oakrun Road to Fern Road to the town of Fern; south and west on Fern Road to Whitmore Road; east on Whitmore Road to the town of Whitmore. From Whitmore Road turn south on Ponderosa Way to Innwood Road; Inwood Road to Highway 44 near Innwood; east on Highway 44 to Wilson Hill Road; south on Wilson Hill Road to Rock Creek Road; south on Rock Creek Road to the Shasta-Tehama county line; east along the Shasta-Tehama county line to Highway 89; North on Highway 89 to the Shasta-Siskiyou county line; west along the Shasta-Siskiyou county line to the Shasta-Trinity county line; southeast along the Shasta-Trinity county line to the Shasta-Tehama county line; east along the Shasta-Tehama county line to the starting point. The following portions of Tehama County: Those portions of Tehama County within the Mendocino National Forest and east of Ponderosa Way. Those portions of Tehama County within the Lassen National Forest.Those portions of Tehama County east of Ponderosa Way. Those portions of Lassen County north and west of the following line: North from the Lassen-Sierra county line on Highway 395 to Highway 36 east of Susanvill; northwest on Highway 36 to Highway 139; north on Highway 139 to the Lassen-Modoc county line; west along the Lassen-Modoc county line to the Lassen-Shasta county line; south along the Lassen-Shasta county line to the Plumas-Lassen county line; southeast along the Plumas-Lassen county line to the Lassen-Sierra county line; east along the Lassen-Sierra county line to the starting point.
(C) Southern Sierra Dog Control Zone: 
Those portions of Tuolumne, Mariposa, Madera, Fresno and Tulare counties east of the following line beginning at the intersection of Highway 49 and the Calaveras-Tuolumne county line; south on Highway 49 to Highway 108; southwest on Highway 108 to Highway 120; east on Highway 120 to the Smith Station Road (J20); south on the Smith Station Road (J20) to the Greeley Hill Road; east on the Greeley Hill Road to the Briceburg Road; east on Briceburg Road to the North Fork of the Merced River at Bower Cave; south on the North Fork of the Merced River to Road 3S15 (Black Mountain Road/Ponderosa Way); south on Road 3S15 (Ponderosa Way) to Forest Service Road 3S02 (Ponderosa Way) crossing the U.S. Forest Service-Bureau of Land Management property boundary in Section 28 located in Township 3S, Range 18E to Forest Service Road 2S05 (Bull Creek Road); south on Forest Service Road 2S05 (Bull Creek Road) to the Main Fork of the Merced River; west on the Main Fork of the Merced River to the southern boundary of Lake McClure; west on the southern boundary of Lake McClure to Highway 49; south on Highway 49 to Highway 140 at Mariposa; north on Highway 140 to the South Fork of the Merced River;east along the South Fork of the Merced River to Hite Cove Trail at Hite Cove. From Hite Cove south on the U.S. Forest Service Road (Hite Cove Trail) to Hite Cove Road; south on Hite Cove Road to Scott Road; south on Scott Road to Jerseydale Road; south on Jerseydale Road through Jerseydale Station and Darrah to the Darrah Road; south along Darrah Road to Highway 49; south along Highway 49 to Highway 41 at Oakhurst; north along Highway 41 to its intersection with the Bass Lake Road at Yosemite Forks; south along Bass Lake Road to Road 274; south on Road 274 past Bass Lake on the east side of the lake to the junction with the Mammoth Pool Road at North Fork; west on Mammoth Pool Road to Road 222 (Auberry Road); south on Road 222 (Auberry Road) to the San Joaquin River; east along the San Joaquin River to Italian Bar Road (Road 225) at the Italian Bar Bridge; south on Italian Bar Road (Road 225) to Jose Basin Road (County Road M2441); east on Jose Basin Road (County Road M2441) to its intersection with Forestry Service Roads 8S08 (Railroad Grade Road) and 9S07 (Jose Basin Road); south on 9S07 (Jose Basin Road) to Jose Basin/Musick Farm Road; southeast on 9S07 to Auberry Road near Pine Ridge; east on Auberry Road to North Toll House Road; south on North Toll House Road to Peterson Road; east on Peterson Road to Big Creek Road; east on Big Creek Road (10S02) near Peterson Mill to Dinkey-Trimmer Road (10S69 Trimmer Springs Road) at Haslett Basin; east on Dinkey-Trimmer Road (10S69) to Sycamore Springs Road (11S02); east on Sycamore Springs Road (11S02) to Black Rock Road (11S12) at Balch Camp; east on the Black Rock Road (11S12) to the decommissioned 11S07 (the old Rodgers Ridge Road) at Black Rock Reservoir Dam; east along decommissioned 11S07 (old Rodgers Ridge Road) to Garlic Spur; south on Garlic Spur to the Kings River; west along the Kings River to Verplank Ridge; south on Verplank Ridge-Hoise Ridge to Forest Route 13S65; southeast on Forest Route 13S65 to Forest Route 13S03; southeast on Forest Route 13S03 to Highway 180 near Cherry Gap; south along Highway 180 to the north boundary of Kings Canyon/Sequoia National Park; south along the western boundary of Kings Canyon/Sequoia National Park to the northern boundary of Sequoia National Forest between Grouse Peak and Dennison Mountain; south along the common line between R29E and R30E, M.D.B.M. to the boundary of the Sequoia National Forest; east and south along that boundary to Balch Park Road; southeast along that road to the west boundary of Mountain Home Demonstration State Forest; south and east along that boundary to Forest Trail 30E14; southeast along 30E14 to the Doyle Springs Road (Wishon Drive); southwest along Doyle Springs Road (Wishon Drive) to Camp Wishon; southeast along the Alder Creek Grove-Hossack Meadow Road to Camp Nelson; east along Highway 190 to Coy Flat Road; south along Coy Flat Road to the boundary of the Tule River Indian Reservation; south along the east boundary of that reservation (County Highway J42) to Parker Peak; southeast through Upper Parker Meadow to Parker Pass. Parker Pass to Forest Route 22S81; south through Starvation Creek Grove on Forest Route 22S81 to M504 (Parker Pass); south on M504 to Forest Route 23S64; southeast on 23S64 to the southwest corner of Section 15, T23S, R31E, M.D.B.M, continuing to the northeast corner of Section 22, T23S, R31E, M.D.B.M.; south approximately 6 miles to Sugarloaf Winter Recreation Area.; southeast on Sugarloaf drive to Forest Road 24S23; northeast on Forest Route 24S23 to Forest Route 23S16; Southeast on Forest Route 23S16 to Portuguese Pass; southeast along Forest Route 23S16 (24S06) though Portuguese Pass to the Tulare-Kern county line; east along the Tulare-Kern county line to the Tulare-Inyo county line.; north along the Tulare-Inyo county line to Fresno-Inyo county line; north along the Fresno-Inyo county line to the Fresno-Mono county line; north along the Fresno-Mono County line to the Mono-Madera county line; north along the Mono-Madera county line to the Mono-Tuolumne county line; north along the Mono-Tuolumne county line to the Alpine-Tuolumne county line; northwest along the Alpine-Tuolumne county line to the Calaveras-Tuolumne county line; southwest along the Calaveras-Tuolumne county line to the starting point. That portion of Kern County within a line beginning where the Tulare-Kern county line intersects the west boundary of the Sequoia National Forest; south along the said boundary to the Poso Flat Road; on Poso Flat Road to National Forest Route 25S03 (Rancheria Road); northeast along National Forest 25S03 (Rancheria Road) to National Forest 25S15 (Rancheria Road); north on Nationa Forest 25S15 (Rancheria Road) to Rancheria Road; northeast along Rancheria Road through Shirley Meadow to Forest Highway 90 (Forest Route 23S16) at Greenhorn Summit; northeast on Forest Highway 90 (Forest Route 23S16) to Cow Creek; northeast on Cow Creek to Bull Run Creek; north on Bull Run Creek to the Tulare-Kern county line; west along said county line to the point of beginning, Those portions of Inyo and Mono counties west of Highway 395.
(D) Southern California Dog Control Zone: Those portions of Los Angeles, Ventura and Santa Barbara counties within the Los Padres and Angeles National Forests; and those portions of San Bernardino County within the San Bernardino and Angeles National Forests.
(b) Authorized Use of Dogs. The use of dogs for the pursuit/take of mammals or for dog training is authorized as follows:
(1) Dog Control Zones. The use of dogs for the pursuit/take of mammals or for dog training is permitted in the dog control zones described in subsections 265(a)(4)(A), (B), (C) and (D) from the opening day of the general deer season through the first Friday in April.
(2) Areas of the State Outside the Dog Control Zones. The use of dogs for the pursuit/take of mammals or for dog training in areas outside of the dog control zones is permitted year-round, except for closures and restrictions described in this Section 265 and section 364, and the provisions of sections 3960 and 4800 of the Fish and Game Code which prohibit allowing any dog to pursue any big game mammal during the closed season on such mammal or mountain lions, elk or any fully-protected, threatened or endangered mammal at any time.
(3) Take of Depredating Mammals. The use of dogs is permitted for pursuing/taking depredating mammals by federal and county animal damage control officers or by permittees authorized under a depredation permit issued by the department.
(4) Take of Furbearers and Nongame Mammals. Furbearers and nongame mammals as specified in Section 472(a) may be taken with the aid of dogs during the appropriate open season, except for closures and restrictions described in subsections 265(a) and (b).
(5) Prohibition on Starting Pursuit Within 400 Yards of Baited Area. Pursuits may not be started within 400 yards of a baited area as described in Section 257.5 of these regulations.
(6) Dog Training. Except for the prohibitions of subsection 265(a), dog training is permitted pursuant to the following provisions:
(A) Dog Training Defined. For purposes of these regulations, dog training is defined as the education of dogs through “breaking” or “practicing” under strict provisions that preclude the injuring or take of animals. Training is distinguished from “pursuit”, as used in Section 86 of the Fish and Game Code, in that the animal being chased shall not be killed, captured, or injured.
(B) Prohibition on Killing, Capturing or Injuring Mammals. No person shall kill, capture or injure any mammal, nor shall any person's dog be allowed to kill, capture or injure any mammal during dog training.
(C) Prohibition on Possession of Equipment. No firearm, archery gear, crossbow or other instrument capable of killing, injuring or capturing any animal may be possessed by any person training dogs during the seasons described in subsection 265(b)(6)(F) below. Possession of a firearm, archery gear, crossbow or other instrument capable of killing or capturing any animal is prohibited while training dogs, but such equipment may be transported to or from a campsite, transported to or from a residence or lawfully possessed by a person at a campsite provided all dogs are secured and under the control of the owner, agent or person training or transporting said dogs.
(D) Prohibition on Starting Dog Training Within 400 Yards of Baited Area. Dog Training may not be started within 400 yards of a baited area as described in Section 257.5 of these regulations.
(E) Prohibition on Training Dogs on Bear and Other Big Game Mammals or on Protected, Threatened or Endangered Mammals. It shall be unlawful to train any dog on any big game mammal or to train any dog on any fully-protected, threatened or endangered mammal at any time. A person in possession of a valid bear tag may utilize the general bear season for purposes of educating dogs for bear. A person in possession of a valid deer tag may utilize the general deer season for purposes of educating a dog for deer. Only one dog may be used for training in areas where the general deer season (as described in subsection 360(a) and (b)) is open.
(F) Seasons.
1. Gray Fox. Dogs may be trained on gray fox from March 1 through the day preceding the opening of the general gray fox season, except for closures and restrictions described in subsections 265(a) and (b).
2. Raccoon. Dogs may be trained on racoon from April 1 through the day preceding the opening of the general raccoon season, except for closures and restrictions described in subsections 265(a) and (b).
3. Bobcat. Dogs may be trained on bobcat from the day following the close of the bobcat seasons through the day preceding the opening of the general bobcat seasons, except for closures and restrictions described in subsections 265(a) and (b).
4. Other Mammals. Except for closures and prohibitions described in this Section 265 and sections 3960 and 4800 of the Fish and Game Code, dogs may be trained on mammals other than gray fox, raccoon and bobcat at any time.
(c) Restrictions on the Number of Dogs per Hunter.
(1) One Dog per Hunter Limitation During Deer Season. No more than one dog per hunter may be used in the area where the general deer season is open.
(2) Three Dogs per Hunter Limitation for the Take of Wild Pigs. Up to three dogs per hunter may be used for the purpose of taking wild pigs, pursuant to the following provisions:
(A) No more than one dog per hunter may be used in an area where the general deer season is open.
(B) No dogs may be used within the closures described in subsection 265(a).
(C) After the general deer season (as described in subsections 360(a) and (b)) closes, there is no limit on the number of dogs that may be used during the general bear season.
(d) Prohibition on Treeing Switches and Use of Global Positioning System Equipment.
(1) Treeing Switches. Electronic dog retrieval collars containing functioning treeing switches (devices consisting of a switch mechanism that results in a change in the transmitted signals when the dog raises its head to a treed animal) are prohibited on dogs used for the pursuit/take of mammals.
(2) Global Positioning System Equipment. Electronic dog retrieval collars employing the use of global positioning system equipment (devices that utilize satellite transmissions) are prohibited on dogs used for the pursuit/take of mammals.
NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207 and 4756, Fish and Game Code.
HISTORY

1. Repealer and new section filed 7-8-92; operative 7-8-92 pursuant to Fish and Game Code section 215  (Register 92, No. 28). For prior history, see Register 91, No. 48.
2. New subsection (d) filed 7-13-95; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
3. Amendment of subsections (b)(2), (b)(6)(C), (b)(6)(E), and (c)(1), repealer of subsections (c)(A)-(B), and amendment of subsection (c)(2)(C) filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
4. Amendment of subsections (a)(4)(A) and (B) filed 7-1-98; operative 7-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 27).
5. Amendment of subsection (a)(4)(C) filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
6. Amendment of subsection (a)(4)(A), repealer and new subsections (a)(4)(B)-(C) and amendment of subsection (d)(1) filed 6-12-2009; operative 7-1-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 24). 
Chapter 2. Resident Small Game
§300. Upland Game Birds.
Note     •     History

(a) Resident Upland Game Birds
(1) General Seasons: Shotgun; Crossbow; and Pistol/Revolver for Sooty/Ruffed Grouse Only; Bag and Possession Limits and Open Areas

(see Authorized Methods of Take, Section 311)

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(A) Pheasants	The second Saturday in	Bag Limit:
	November extending	2 males per day for the first
	for 44 consecutive days	2 days of the season;
		3 males per day after the first
		two days of the season

		Possession Limit:
		double the daily bag limit

3. Area:	Statewide

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(B) Quail [including	See area zone 	Bag Limit:
California (valley)	descriptions for	10 quail in any combination
quail, mountain 	details	of species per day
quail, and Gambel's
(desert) quail

		Possession Limit:
Mountain Quail	a. Early Mountain Quail	double the daily bag limit
only:	Season (Zone Q1) - 
	The second Saturday 
	in September extending
	through the Friday
	prior to the third 
	Saturday in October

All species:	General Quail Season
	(Zone Q1) - The third
	Saturday in October
	extending through the
	last Sunday in January
All species:	b. Early Coastal Season
	(Zone Q2) - The last 
	Saturday in September
	extending through the
	last Sunday in January

All species:	c. Balance of the State
	Season (Zone Q3) - The
	third Saturday in October
	extending through the
	last Sunday in January

QUAIL HUNTING ZONE AREA DESCRIPTIONS

3. Area Zone Descriptions:

a. Zone Q1:
The early mountain quail season hunting zone includes the counties of Alpine, Butte, Del Norte, Glenn, Humboldt, Inyo, Lassen, Modoc, Mono, Plumas, Shasta, Sierra, Siskiyou, Tehama, Trinity, and those portions of Amador, Calaveras, El Dorado, Fresno, Madera, Mariposa, Nevada, Placer, Tuolomne, Tulare, and Yuba counties lying east of the western boundary of the national forests.

b. Zone Q2:
The early coastal quail season (all species) hunting zone includes the counties of Marin, Napa, Solano, Sonoma, Lake, and Mendocino.

c. Zone Q3:
The balance of the state season (all species) hunting zone includes the remaining land area not included in Zone Q2 (the counties of Marin, Napa, Solano, Sonoma, Lake, and Mendocino).

(C) Chukar (Red-	The third Saturday in	Bag Limit:
Legged Partridges)	October through the last	6 chukar per day
	Sunday in January
		Possession Limit:
		double the daily bag limit

3. Area	Statewide

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(D) Sage Grouse	The second Saturday in	See area open zone
	September extending	descriptions (subsection
	for two consecutive days	300(a)(1)(D)3)

		East and Central 
		Lassen zones:
		Bag Limit: 2 sage grouse
		per day, 2 per season

		Possession Limit: 2 sage 
		grouse per season

		North Mono and South
		Mono zones:
		Bag Limit: 1 sage grouse
		per day, 1 per season

		Possession Limit: 1 sage 
		grouse per season

SAGE GROUSE HUNTING ZONE DESCRIPTIONS
AND PERMIT PROCESS

3. Area Open Zone Descriptions:

a. East Lassen Zone:
That portion of Lassen County beginning at the intersection of Highway 395 and County Road 502 in the town of Ravendale; north and east on County Road 502 to County Road 526 (Buckhorn Road); east on County Road 526 to the Nevada state line; south along the Nevada state line to its intersection with County Road 320 (Wendel-Flanigan Road); northwest on County Road 320 to its intersection with Highway 395 between Wendal and Litchfield north on Highway 395 to the point of beginning.

b. Central Lassen Zone:
That portion of Lassen County beginning at the intersection of Highway 139 and County Road 513 (Termo-Grasshopper Road); east on County Road 513 to its intersection with County Road 523 (Westside Road); north on County Road 523 to its intersection with County Road 525 (Brockman Road); east on County Road 525 to its intersection with Highway 395; south on Highway 395 to its intersection with Highway 36 in the town of Johnstonville; west on Highway 36 to its intersection with Highway 139 in Susanville; north on Highway 139 to the point of beginning.

c. North Mono Zone:
That portion of Mono County beginning at the intersection of Highway 182 and the California-Nevada state line; south and east along the California-Nevada state line to Highway 167; west along Highway 167 to Highway 395; north along Highway 395 to Highway 182 at Bridgeport; north along Highway 182 to the point of beginning.

d. South Mono Zone:
That portion of Mono County beginning at the intersection of U.S. Highway 6 and U.S. Highway 395; north along U.S. Highway 6 to the intersection of U.S. Highway 120; west along U.S. Highway 120 to the intersection of the Benton Crossing Road; west along Benton Crossing Road to the intersection of Owens River Road; west along Owens River Road to the intersection of U.S. Highway 395; south along U.S. Highway 395 to the point of beginning.

No open season in the balance of the state not included in the above open zones.

4. Number of Permits:

a. East Lassen Zone: 20 permits

b. Central Lassen Zone: 11 permits

c.  North Mono Zone: 30 permits

d. South Mono Zone: 30 permits

5. Permit Process:

 The free sage grouse hunting permits shall be issued by public drawing. All applicants shall apply either on a postcard or through the Internet at the License and Revenue Branch Home Page at http://www.dfg.ca.gov/licensing and select sage grouse drawing. All applicants must provide their name, address, zip code, hunting license number, and the zone they wish to hunt. Applicants shall submit only one drawing application for either the East Lassen Zone, Central Lassen Zone, North Mono Zone, or the South Mono Zone. Up to four hunters may apply as a party. All hunter's names, addresses, and hunting license numbers must be included on the application. Postcard applications for all hunts shall be mailed to the Department of Fish and Game, License and Revenue Branch, 1740 North Market Blvd., Sacramento, California, 95834. Applications must be received by 5:00 PM on the second Monday of August for all open zones (East Lassen Zone, Central Lassen Zone, North Mono Zone, or the South Mono Zone). Successful applicants will be notified by mail prior to the opening date of the season. Permits are nontransferable. Any permits remaining after the drawing will be issued on a first-come, first-served basis and will be advertised by news release following each drawing. Applications for remaining permits shall be mailed to the above address with the same required information. Successful drawing applicants previously selected, or hunt party members, may not apply for remaining permits.

6. Falconry Only Permits:
 Applicants desiring to use a sage grouse permit during the falconry-only season must declare upon the application that the permit is for falconry only.

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(E) Sooty and Ruffed	The second Saturday in	Bag Limit: 2 grouse per day
Grouse	September extending for
	31 consecutive days	Bag Limit Makeup:
		· up to 2 sooty grouse
		· up to 2 ruffed grouse
		· or one of each
		
		Possession Limit:
		· double the daily bag limit

SOOTY AND RUFFED GROUSE HUNTING ZONE 
DESCRIPTIONS

3. Area Open Zone: The open hunting zone for sooty and ruffed grouse includes the following counties: Alpine, Amador, Butte, Calaveras, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Inyo, Lake, Lassen, Madera, Mariposa, Mendocino, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Tehama, Trinity, Tulare, Tuolumne, and Yuba. All other counties are closed to the taking of sooty or ruffed grouse.

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(F) White-Tailed	The second Saturday in	Bag Limit:
Ptarmigan	September extending for	2 ptarmigan per day,
	nine consecutive days	2 per season

		Possession Limit:
		2 per season

PTARMIGAN HUNTING ZONE DESCRIPTIONS

3. Area Open Zone: The open hunting zone for ptarmigan includes Alpine County and that portion of Mono County lying north and west of a line beginning at the intersection of Highway 203 and the Madera County line; east on Highway 203 to Highway 395; and north on Highway 395 to the Nevada state line.

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(G) Wild Turkeys	a. Fall Season - The	Bag Limit:
	second Saturday in	1 either-sex turkey per day,
	November extending for	1 per season
	16 consecutive days
		Possession Limit:
		1 per season
	b. Spring Season - The	Bag Limit:
	last Saturday in March	1 bearded turkey per day, 3
	extending for 37	per season. No person shall
	consecutive days	take more than a total of 3
		turkeys during the general, 
	c. Additional Spring	archery, and additional
	Season for Hunters	season for junior hunters,
	with Junior Hunting	combined.
	Licenses -- The
	Saturday and Sunday
	preceding the opening	Possession Limit:
	day of the general	3 per season
	spring turkey season;	
	and the day following 	
	the close of the general  	
	spring turkey season 	(A bearded turkey is one
 	extending for 14 	having a beard visible through
	consecutive days	the breast feathers.)

3. Area:

Statewide including State Game Refuge 1G, located in Tehama County.
(2) Archery Seasons, Bag and Possession Limits and Open Areas

(see Authorized Methods of Take, sections 311 and 354)

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(A) Pheasants	The second Saturday in	Bag Limit:
	November extending	2 pheasants per day for the
	for 60 consecutive days	first 2 days of the season;
		3 pheasants per day after the
		first two days of the season

		Possession Limit:
		double the daily bag limit; the
		daily archery bag may contain
		not more than one female
		pheasant
3. Area: 	Statewide

		Possession Limit:

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(B) Quail (all 	The third Saturday in	Bag Limit:
species)	August extending for	10 quail in any combination
	21 consecutive days 	of species per day
	and during the general 
	seasons as follows:	
Mountain Quail	a. Early Mountain Quail	Possession Limit:
only:	Season (Zone Q1) - The	double the daily bag limit
	second Saturday in 
	September extending
	through the Friday
	prior to the third 
	Saturday in October

All species:	General Quail Season
	(Zone Q1) - The third
	Saturday in October
	extending through the
	last Sunday in January

All species:	b. Early Coastal Season
	(Zone Q2) - The last 
	Saturday in September
	extending through the
	last Sunday in January

All species:	c. Balance of the State
	Season (Zone Q3) - The
	third Saturday in October
	extending through the
	last Sunday in January
3. Area:	Statewide

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(C) Chukar	The third Saturday in	Bag Limit:
	August extending for 21	6 chukar
	consecutive days and 
	during the general
	season	
		Possession Limit:
		double the daily bag limit

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(D) Sage Grouse	The second Saturday in	See area open zone
	September extending	descriptions (subsection 
	for 2 consecutive days	300(a)(1)(D)3.)

		East and Central Lassen zones:
		Bag Limit: 2 sage grouse
		per day, 2 per season
		
		Possession Limit: 2 sage 
		grouse per season

		North Mono and South
		Mono zones:
		Bag Limit: 1 sage grouse
		per day, 1 per season

		Possession Limit: 1 sage 
		grouse per season
3. Area:	Open Zone: see open 
	zone descriptions for
	details [subsection 
	300(a)(1)(D)3],
	which include portions
	of Lassen, Mono, and
	Inyo counties. Hunting
	by free permit only;
	see permit process
	section for details.

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(E) Sooty and Ruffed	The third Saturday in	Bag Limit: 2 grouse per day
Grouse	August extending for	Bag Limit Makeup:
	21 consecutive days	· up to 2 sooty grouse
	and during the general	· up to 2 ruffed grouse
	season from the second	· or one of each
	Saturday in September	
	extending for 31	Possession Limit:
	consecutive days	· double the daily bag limit
3. Area:	Open Zone: see open zone
	descriptions for details
	[subsection 300(a)(1)(E)3],
	which include northern
	and eastern portions of
	the state

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(F) White-Tailed	The second Saturday in	Bag Limit:
Ptarmigan	September extending	2 ptarmigan per day, 2 per
	for nine consecutive days	season

		Possession Limit:
		2 per season
3. Area:	Open Zone: see open zone
	descriptions for details
	[subsection 300(a)(1)(F)3],
	which include portions
	of Alpine and Mono counties

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(G) Wild Turkeys	a. Fall Season - The	Bag Limit:
	second Saturday in	1 either-sex turkey per day,
	November extending for	1 per season
	16 consecutive days	Possession Limit:
		1 per season
		
	b. Spring Season - The	Bag Limit:
	last Saturday in March	1 bearded turkey per day,
	extending for 51	3 per season. No person
	consecutive days	shall take more than a
		total of 3 turkeys during 
		the general, archery, and 
		additional season for junior
 		hunters, combined.

		Possession Limit:
		3 per season 
		(A bearded turkey is one
		having a beard visible through
		the breast feathers.)

3. Area:

Statewide including State Game Refuge 1G, located in Tehama County.
(3) Falconry Seasons, Bag and Possession Limits and Open Areas

(see Authorized Methods of Take, Section 311)

 Species	1. Seasons	2. Daily Bag and
		Possession Limits and
		Hawking Hours

(A) Pheasants	The third Saturday in 	Bag and Possession Limits:
(B) Quail	August extending 	same as general season
(C) Chukar	through the last day 	regulations by species. The
(D) Sooty and	in February	daily falconry bag may
 Ruffed Grouse		contain birds of either sex. 
(E) White-Tailed
Ptarmigan
		Hawking hours are sunrise to
		sunset.
3. Area: 	See open zone descriptions
	for details on each species
	[subsection 300(a)(1)]

 Species	1. Seasons	2. Daily Bag and
		Possession Limits and
		Hawking Hours

(F) Sage Grouse	The first Saturday in	See area open zone
	November extending	descriptions (subsection 
	for 60 consecutive days,	300(a)(1)(D)3)
	and during the general
	season	East and Central Lassen zones:
		Bag Limit: 2 sage grouse
		per day, 2 per season
		
		Possession Limit: 2 sage 
		grouse per season

		North Mono and South
		Mono zones:
		Bag Limit: 1 sage grouse
		per day, 1 per season

		Possession Limit: 1 sage 
		grouse per season

		Hawking hours are sunrise to
		sunset.

3. Area:	See open zone descriptions 
	[subsection 300(a)(1)(D)3];
	hunting by free permit
	only; see permit process
	section for details [subsection
	300(a)(1)(D)5].

 Species	1. Seasons	2. Daily Bag and
		Possession Limits and
		Hawking Hours

(G) Wild Turkeys	a. Fall Season - The	Bag Limit:
	second Saturday in	1 either-sex turkey per day
	November extending for
	16 consecutive days
		Possession Limit:
		1 per season
	b. Spring Season - The	Bag Limit:
	last Saturday in March	1 bearded turkey per day
	extending for 37
	consecutive days
		Possession Limit:
		3 per season
		(A bearded turkey is one
		having a beard visible through
		the breast feathers.)

3. Area:

Statewide including State Game Refuge 1G, located in Tehama County.
(b) Migratory Upland Game Birds
(1) Shotgun, Archery, and Falconry Seasons and Bag and Possession Limits (see Authorized Methods of Take, Section 507)

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(A) Band-Tailed 	a. Northern Zone - The	Bag Limit:
Pigeons	third Saturday in 	2 band-tailed pigeons per day
	September extending
	for 9 consecutive days
	
		Possession Limit:
		double the daily bag limit
	b. Southern Zone - The
	third Saturday in December
	extending for 9 consecutive
	days

BAND-TAILED PIGEON HUNTING ZONE DESCRIPTIONS

3. Area Open Zone Descriptions:

a. Northern Zone:
Includes the counties of Alpine, Butte, Del Norte, Glenn, Humboldt, Lassen, Mendocino, Modoc, Plumas, Shasta, Sierra, Siskiyou, Tehama, and Trinity.

b. Southern Zone:
Includes the balance of the state not included in the northern zone described above.

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(B) Doves 	September 1-15 and	Bag Limit:
(Mourning doves,	from the second Saturday	Spotted doves, Eurasian 
white-winged doves,	in November extending	collared-doves, and ringed
spotted doves, 	for 45 days	turtle-doves: no bag limit
Eurasian collared-		
doves, and ringed 		
turtle-doves)		Mourning doves and 
		white-winged doves:
		10 doves per day in
		aggregate

		Possession Limit
		Spotted doves, Eurasian 
		collared-doves, and ringed
 		turtle-doves: no possession
 		limit

		Mourning  doves and 
		white-winged doves:
		double the daily bag limit in
		aggregate
3. Area:
Statewide for mourning doves, white-winged doves, spotted doves, ringed turtle-doves, and Eurasian collared-doves. 
Note: There is no open hunting season on common ground-doves, ruddy ground-
doves, and Inca doves.

 Species	1. Seasons	2. Daily Bag and
		Possession Limits

(C) Common Snipe	The third Saturday in	Bag Limit:
	October extending	8 per day
	for 107 days
		Possession Limit:
		double the daily bag limit
3. Area: 	Statewide
NOTE

Authority cited: Sections 200, 202, 203 and 355, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 215, 220, 355 and 356, Fish and Game Code.
HISTORY

1. Amendment of subsections (a)(2)(B) and (b)(2)(B) filed 10-9-86 as an emergency; effective upon filing (Register 86, No. 42). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-6-87. For prior history, see Register 85, No. 39.
2. Reinstatement of subsections (a)(2)(B) and (b)(2)(B) as they existed prior to emergency amendment filed 10-9-86 by operation of Government Code section 11346.1(f) (Register 87, No. 27).
3. Amendment filed 10-3-88; operative 10-3-88 (Register 88, No. 41). 
4. Amendment of subsections (a)(2) and (b)(2) filed 9-16-91; operative 9-16-91 pursuant to Fish and Game Code section 215 (Register 91, No. 52).
5. Amendment of subsections (a)(2)(A), (b) and (b)(2) filed 9-16-93; operative 9-16-93 pursuant to sections 202 and 215, Fish and Game Code (Register 93, No. 38).
6. Amendment of section heading, repealer and new section, and amendment of Note filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 40).
7. Amendment of subsections (a)(1)(D)2., (a)(1)(D)4.-5., (a)(2)(D)2. and (a)(3)(F)2. filed 10-14-99; operative 10-14-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 42). 
8. Amendment filed 9-1-2000; operative 9-1-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 35).
9. Amendment of subsections (a)(1)(D)4.a.-b. filed 10-31-2001; operative 11-30-2001 (Register 2001, No. 44).
10. Amendment of subsections (a)(1)(A)1. and (a)(1)(D)4. filed 9-18-2002; operative 9-18-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 38).
11. Amendment of subsection (a)(1)(D)4.c. filed 9-4-2003; operative 9-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 36).
12. Amendment of subsections (a)(1)(D), (a)(1)(D)3.d., (a)(1)(D)4.a.-d. and (a)(2)(G)b. filed 10-21-2004; operative 10-21-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 43). 
13. Editorial correction of subsection (a)(3)(G)b. (Register 2006, No. 9).
14. Amendment of section and Note filed 8-29-2007; operative 9-1-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 35).
15. Amendment of subsection (a)(1)(D)5. filed 12-14-2007; operative 1-13-2008 (Register 2007, No. 50).
16. Amendment of subsections (a)(1)(D)3.c., (a)(1)(G)3., (a)(2)(D), (a)(2)(G)3., (a)(3)(A), (a)(3)(G)3. and (b)(1)(B), repealer of subsections (a)(1)(G)3.a.-b., (a)(2)(G)3.a.-b. and (a)(3)(G)3.a.-b and repealer and new subsection (b)(1)(B)3. filed 8-27-2008; operative 9-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 35). 
17. Amendment of subsection (a)(1)(G)1.c. filed 1-13-2009; operative 1-13-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
18. Change without regulatory effect amending subsections (a)(1)(E), (a)(1)(E)2.-3., (a)(2)(E), (a)(2)(E)2. and (a)(3)(D) filed 8-25-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 35).
19. Change without regulatory effect amending subsection (a)(1)(E)3. filed 10-20-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 43).
20. Amendment of subsections (a)(1)(D)2., (a)(1)(D)4.b., (a)(2)(D)2. and (a)(3)(F)2. filed 9-8-2010; operative 9-10-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 37).
21. Editorial correction restoring inadvertently omitted chapter 2 heading (Register 2011, No. 5).
22. Amendment filed 9-8-2011; operative 9-10-2011 pursuant to Fish and Game Code section 202 (Register 2011, No. 36).
§300.5. Archery Pheasant. [Repealed]
Note     •     History

NOTE

Authority cited: Section 200, Fish and Game Code. Reference: Sections 200-221, Fish and Game Code.
HISTORY

1. Amendment filed 8-24-77; designated effective 9-10-77 (Register 77, No. 35). For prior history, see Register 76, No. 34.
2. Amendment filed 8-31-78; designated effective tenth day thereafter (Register 78, No. 35).
3. Amendment filed 8-9-79; designated effective 9-1-79 (Register 79, No. 32).
4. Repealer filed 8-13-80; designated effective 9-1-80 (Register 80, No. 33). 
§300.8. Falconry Pheasant. [Repealed]
Note     •     History

NOTE

Authority cited: Section 200, Fish and Game Code. Reference: Sections 200-221, Fish and Game Code.
HISTORY

1. Amendment filed 8-20-76; effective tenth day thereafter (Register 76, No. 34). For prior history, see Register 75, No. 38.
2. Amendment filed 8-24-77; designated effective 9-10-77 (Register 77, No. 35).
3. Amendment filed 8-31-78; designated effective tenth day thereafter (Register 78, No. 35).
4. Amendment filed 8-9-79; designated effective 9-1-79 (Register 79, No. 32).
5. Repealer filed 8-13-80; designated effective 9-1-80 (Register 80, No. 33). 
§301. Quail. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 208 and 220, Fish and Game Code.
HISTORY

1. Amendment of subsection (a)(4) filed 10-17-84; designated effective tenth day thereafter (Register 84, No. 42). For prior history, see Register 81, No. 38.
2. Amendment of subsection (b)(1) filed 9-27-85; effective tenth day thereafter (Register 85, No. 39).
3. Amendment of subsection (a)(4) filed 8-29-86, operative 8-29-86, deleting the words “opening of the general quail seasons in areas specified in subsections (2) and (3) above” and adding the words “third Saturday in October” (Register 86, No. 36).
4. Amendment of subsection (b)(1) filed 9-8-88; operative 9-8-88 (Register 88, No. 38).
5. Amendment of subsection (a)(4) filed 9-14-90; operative 9-14-90 (Register 90, No. 43).
6. Amendment of subsections (a) and (b)(2) filed 9-16-91; operative 9-16-91 pursuant to Fish and Game Code section 215 (Register 91, No. 52).
7. Repealer filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 40).
§301.5. Archery and Falconry Quail. [Repealed]
Note     •     History

NOTE

Authority cited: Section 200, Fish and Game Code. Reference: Sections 200-221, Fish and Game Code.
HISTORY

1. Amendment filed 8-20-76; effective tenth day thereafter (Register 76, No. 34). For prior history, see Register 75, No. 33.
2. Amendment filed 8-24-77; designated effective 9-10-77 (Register 77, No. 35).
3. Amendment filed 8-31-78; designated effective tenth day thereafter (Register 78, No. 35).
4. Amendment filed 8-9-79; designated effective 9-1-79 (Register 79, No. 32).
5. Repealer filed 8-13-80; designated effective 9-1-80 (Register 80, No. 33). 
§302. Red-Legged Partridge (Chukar). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 208 and 220, Fish and Game Code.
HISTORY

1. Amendment filed 8-24-77; designated effective 9-10-77 (Register 77, No. 35). For prior history, see Register 76, No. 34.
2. Amendment filed 8-31-78; designated effective tenth day thereafter (Register 78, No. 35).
3. Amendment filed 8-9-79; designated effective 9-1-79 (Register 79, No. 32).
4. Amendment filed 8-13-80; designated effective 9-1-80 (Register 80, No. 33).
5. Amendment of NOTE filed 9-16-81; designated effective tenth day thereafter (Register 81, No. 38).
6. Amendment of subsection (b)(1) filed 9-27-85; effective tenth day thereafter (Register 85, No. 39).
7. Amendment of subsection (b)(1) filed 9-8-88; operative 9-8-88 (Register 88, No. 38). 
8. New subsections (c)-(c)(2) filed 9-16-93; operative 9-16-93 pursuant to sections 202 and 215, Fish and Game Code (Register 93, No. 38).
9. Repealer filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 40).
§302.5. Archery and Falconry Red-Legged Partridge (Chukar). [Repealed]
Note     •     History

NOTE

Authority cited: Section 200, Fish and Game Code. Reference: Sections 200-221, Fish and Game Code.
HISTORY

1. New section filed 8-9-79; designated effective 9-1-79 (Register 79, No. 32).
2. Repealer filed 8-13-80; designated effective 9-1-80 (Register 80, No. 33). 
§303. Sage Grouse. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 203, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 203, 208 and 220, Fish and Game Code.
HISTORY

1. Amendment of subsection (a) filed 8-24-77; designated effective 9-10-77 (Register 77, No. 35).
2. Amendment of subsection (a) filed 8-31-78; designated effective tenth day thereafter (Register 78, No. 35).
3. Amendment filed 8-9-79; designated effective 9-1-79 (Register 79, No. 32).
4. Amendment filed 8-13-80; designated effective 9-1-80 (Register 80, No. 33).
5. Amendment of NOTE filed 9-16-81; designated effective tenth day thereafter (Register 81, No. 38).
6. Amendment filed 8-24-83; designated effective tenth day thereafter (Register 83, No. 35).
7. Amendment filed 9-16-87; operative 9-16-87 pursuant to Fish and Game Code section 202 (Register 87, No. 38).
8. Amendment of subsections (a)(1) and (a)(2), (c) and (e) filed 9-14-90; operative 9-14-90 (Register 90, No. 43).
9. Amendment of section filed 9-16-91; operative 9-16-91 pursuant to Fish and Game Code section 215 (Register 91, No. 52).
10. Amendment of subsections (d) and (e) filed 9-30-92; operative 9-30-92 pursuant to Fish and Game Code sections 202 and 215 (Register 92, No. 40).
11. New subsection (b) and relettering, amendment of subsection (e) and new subsection (f)(2) filed 9-16-93; operative 9-16-93 pursuant to sections 202 and 215, Fish and Game Code (Register 93, No. 38).
12. Amendment of subsections (e) and (f)(1) filed 9-26-94; operative 9-26-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 39).
13. Amendment of subsection (e) and Note filed 8-31-95; operative 8-31-95 pursuant to Fish and Game Code sections 202 and 215 (Register 95, No. 35).
14. Amendment of subsections (b) and (f)(1) filed 9-30-96; operative 9-30-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 40).
15. Amendment of subsections (c)(4) and (e) filed 9-30-97; operative 9-30-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 40).
16. Repealer filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 40).
§303.1. Sage Grouse: Closure to Taking. [Repealed]
History

HISTORY

1. New section filed 9-1-65 as an emergency; effective upon filing (Register 65, No. 16). For former history, see Register 61, No. 12.
2. Repealer filed 6-23-66 designated effective 7-2-66, and new section filed 6-24-66 as an emergency; effective upon filing (Register 66, No. 19).
3. Expired by own terms (Register 67, No. 24). 
§304. Blue and Ruffed Grouse. [Repealed]
Note     •     History

NOTE

Authority cited: Section 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 208, and 220, Fish and Game Code.
HISTORY

1. Amendment of subsection (b)(1) filed 8-18-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 34). For prior history, see Register 81, No 38.
2. Amendment filed 9-27-85; effective tenth day thereafter (Register 85, No. 31).
3. Amendment of subsections (a)(2) and (b)(2) filed 9-16-91; operative 9-16-91 pursuant to Fish and Game Code section (Register 91, No. 52).
4. Repealer filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 40).
§304.5. White-Tailed Ptarmigan. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 208 and 220, Fish and Game Code.
HISTORY

1. New section filed 9-5-89; operative 9-5-89 pursuant to Government Code section 11346.2(d) (Register 89, No. 36). For prior history, see Registers 87, No. 38 and 85, No. 39.
2. Amendment of subsection (c) filed 9-14-90; operative 9-14-90 (Register 90, No. 43).
3. Amendment of section deleting subsection (c), (d) and (e) filed 9-16-91; operative 9-16-91 pursuant to Fish and Game code section 215 (Register 91, No. 52).
4. Repealer filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 40).
§305. Chinese Spotted Doves and Ringed Turtledoves. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 206, 214, 214.5, and 220, Fish and Game Code.
HISTORY

1. Expired by own terms (Register 61, No. 25).
2. New section filed 6-13-62; designated effective 7-1-62 (Register 62, No. 12).
3. Amendment filed 6-15-67; designated effective 7-1-67 (Register 67, No. 24).
4. Amendment filed 8-13-80; designated effective 9-1-80 (Register 80, No. 33).
5. Amendment of NOTE filed 9-16-81; designated effective tenth day thereafter (Register 81, No. 38).
6. Amendment of subsection (a)(1) filed 8-18-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 34). 
7. Repealer filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 40).
§306. Wild Turkeys. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 206, 214, 214.5 and 220, Fish and Game Code.
HISTORY

1. Amendment of subsection (b)(1) filed 8-18-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 34). For prior history, see Register 81, No. 38.
2. Amendment filed 8-24-83; designated effective tenth day thereafter (Register 83, No. 35).
3. Amendment of subsection (a) filed 10-17-84; designated effective tenth day thereafter (Register 84, No. 42).
4. Amendment filed 9-27-85; effective tenth day thereafter (Register 85, No. 39).
5. Amendment of subsections (a)(1) and (b)(1) filed 9-16-87; operative 9-16-87 pursuant to Fish and Game Code Section 202 (Register 87, No. 38). 
6. Amendment of subsection (b)(1) filed 9-16-93; operative 9-16-93 pursuant to sections 202 and 215, Fish and Game Code (Register 93, No. 38).
7. Repealer filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 40).
§306.5. Spring Wild Turkey. [Repealed]
Note     •     History

NOTE

Authority cited: Section 200, Fish and Game Code. Reference: Sections 200-221, Fish and Game Code.
HISTORY

1. Amendment of subsection (a) filed 8-31-78; designated effective tenth day thereafter (Register 78, No. 35).
2. Amendment filed 8-9-79; designated effective 9-1-79 (Register 79, No. 32).
3. Repealer filed 8-13-80; designated effective 9-1-80 (Register 80, No. 33).
4. Amendment of section heading filed 9-27-85; effective tenth day thereafter (Register 85, No. 39). 
§307. Tree Squirrels.
Note     •     History

Tree squirrels may be taken only as follows:
(a) General Season and Areas:
The general season in the counties of Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Luis Obispo, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, Yuba, and that portion of Kern County lying east of Interstate 5 shall open on the second Saturday in September extending through the last Sunday in January.
(b) Archery and Falconry Tree Squirrel Season and Area: Tree squirrels may be taken with bow and arrow or raptors only during the general tree squirrel season and as follows:
(1) The season in the counties of Alpine, Amador, Butte, Calaveras, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Lake, Lassen, Madera, Marin, Mariposa, Modoc, Napa, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba; and that portion of Kern County lying east of Interstate 5 shall open on the first Saturday in August extending through the day before the general tree squirrel season.
(c) Bag and Possession Limit: Four squirrels per day, four in possession.
(d) Except as provided herein, tree squirrels may not be taken at any time in the balance of the state.
NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200-203.1 and 207, Fish and Game Code.
HISTORY

1. New section filed 6-13-62; operative 7-1-62 (Register 62, No. 12), incorporating portions of former Section 307, which was repealed by its own terms on 12-30-61, Register 61, No. 26 (Register 62, No. 12).
2. Amendment of subsections (a) and (b) filed 6-14-63; operative 7-1-63 (Register 63, No. 10).
3. Amendment of subsections (a) and (b) filed 6-16-64; operative 7-1-64 (Register 64, No. 13).
4. Amendment of subsections (a), (b) and (c) and new subsection (d) filed 6-18-65; operative 7-1-65 (Register 65, No. 10).
5. Amendment of subsections (a) and (b) and repealer of subsections (c) and (d) filed 6-23-66; operative 7-2-66 (Register 66, No. 19).
6. Amendment of subsections (a) and (b) and new subsections (c) and (d) filed 6-15-67; operative 7-1-67 (Register 67, No. 24).
7. Amendment of subsections (a), (b), and (c) filed 6-13-68; operative 7-1-68 (Register 68, No. 22).
8. Amendment of subsections (a), (b), and (c) filed 5-29-69; operative 7-1-69 (Register 69, No. 22).
9. Amendment of subsections (a), (b), (c), and (d) filed 6-4-70; operative 7-1-70 (Register 70, No. 23).
10. Amendment of subsections (a), (b), and (c) filed 5-28-71; operative 7-1-71 (Register 71, No. 22).
11. Amendment of subsections (a), (b), and (c) filed 6-5-72; operative 7-5-72 (Register 72, No. 24).
12. Amendment of subsections (a), (b), and (c) filed 6-1-73; operative 7-1-73 (Register 73, No. 22).
13. Amendment of subsections (a), (b), and (c) filed 6-7-74; operative 7-1-74 (Register 74, No. 23).
14. Amendment of subsections (a), (b), (c) and (d) filed 6-6-75; operative 7-1-75 (Register 75, No. 23).
15. Amendment of subsections (a) and (b) filed 6-4-76; operative 7-1-76 (Register 76, No. 23).
16. Amendment of subsections (a) and (b) filed 6-14-77; operative 7-1-77 (Register 77, No. 25).
17. Amendment of subsections (a)(1) and (b)(1) filed 6-13-78; operative 7-13-78 (Register 78, No. 24).
18. Amendment of subsections (a)(1) and (b)(1) filed 5-11-79; (Register 79, No. 19).
19. Amendment of subsections (a)(1) and (b)(1) filed 5-19-80; operative 5-19-80 (Register 80, No. 21).
20. Amendment of subsections (a), (b) and (c) filed 5-13-81; operative 5-23-81 (Register 81, No. 20).
21. Amendment of subsections (a)(1) and (d) filed 7-1-86; operative 7-1-86 (Register 86, No. 27).
22. Amendment of subsection (a)(1), and new subsection (d) filed 9-11-86 as an emergency; operative 9-11-86 (Register 86, No. 37). A Certificate of Compliance must be transmitted to OAL no later than 1-9-87 or emergency language will be repealed by operation of law (Gov. C. § 11346.1).
23. Editorial correction of HISTORY 21. (Register 87, No. 7).
24. Emergency language as to 9-11-86 order including amendment approved and filed in final by OAL on 2-9-87 (Register 87, No.7). 
25. Amendment of subsections (a)(1), (b)(1) and Note, and  repealer of subsection (b)(2)  filed 6-23-93; operative 6-23-93 pursuant to Fish and Game Code sections 202 and 215 (Register 93, No. 26).
§307.5. Archery and Falconry Tree Squirrels. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, and 3800, Fish and Game Code.
HISTORY

1. Amendment of subsection (a)(1) filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 24). For prior history, see Register 77, No. 25.
2. Amendment filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
3. Amendment filed 5-19-80; designated effective 5-19-80 (Register 80, No. 21).
4. Repealer filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§308. Brush, Cottontail and Pigmy Rabbits, and Varying Hare (Snowshoe).
Note     •     History

(a) General Season and Area: The general season shall open on July 1 extending through the last Sunday in January, and shall be open statewide except for that area described in (d) below.
(b) Falconry Rabbits and Hares. Brush, cottontail and pigmy rabbits and varying hare (snowshoe) may be taken with raptors only during the general rabbit and hare seasons and as follows: The season shall open on the first Monday following the close of the general season extending through the third Sunday in March, and shall be open statewide except for that area described in (d) below.
(c) Bag and Possession Limit in the Aggregate of All Species: Five per day, 10 in possession.
(d) The take of brush and cottontail rabbits is prohibited within the area described as follows: That portion of San Joaquin County generally located between Stockton and Tracy that is enclosed by the following lines: Beginning at the intersection of Stewart Road and Interstate 5; west along Stewart road to the intersection of Stewart Road and Old River; southwest along Old River to the intersection of Old River and Tom Paine Slough; south along Tom Paine Slough to the intersection of Tom Paine Slough and Sugar Cut; south along Sugar Cut to the intersection of Sugar Cut and Interstate 205; east along Interstate 205 to the intersection of Interstate 205 and Interstate 5; north along Interstate 5 to the intersection of Interstate 5 and Stewart Road.
NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200-203.1, 207 and 222, Fish and Game Code.
HISTORY

1. Amendment of subsections (a)(1) and (b)(1) filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 24). For prior history, see Register 77, No. 23.
2. Amendment filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
3. Amendment of subsections (a) and (b) filed 5-19-80; designated effective 5-19-80 (Register 80, No. 21).
4. Amendment filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
5. Amendment of subsection (c) and Note filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
6. Amendment of subsections (a) and (b) and new subsection (d) filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
§308.1. Falconry Rabbits. [Repealed]
History

HISTORY

1. Amendment filed 6-4-76; designated effective 7-1-76 (Register 76, No. 23). For prior history, see Register 75, No. 23.
2. Repealer filed 6-14-77; designated effective 7-1-77 (Register 77, No. 25). 
§308.5. Crop Damage by Rabbits.
History

See Section 4186, Fish and Game Code.
HISTORY

1. New section filed 6-12-59; designated effective 7-1-59 (Register 59, No. 9).
2. Amendment filed 6-16-61; designated effective 7-1-61 (Register 61, No. 12). 
§309. Jack Rabbits, Black-Tailed and White-Tailed.
Note     •     History

(a) General Season and Area: The general season shall be open statewide all year.
(b) Bag and Possession Limit: No limit.
NOTE

Authority and reference cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, and 3800, Fish and Game Code.
HISTORY

1. Amendment filed 6-14-77; designated effective 7-1-77 (Register 77, No. 25). For prior history, see Register 76, No. 23.
2. Amendment of subsection (a) filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 24).
3. Amendment filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
4. Amendment filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§309.5. Falconry Rabbits and Hares. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, and 3800, Fish and Game Code.
HISTORY

1. New section filed 6-14-77; designated effective 7-1-77 (Register 77, No. 25).
2. Amendment filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 24).
3. Amendment filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
4. Amendment of subsections (a) and (b)(2) filed 5-19-80; designated effective 5-19-80 (Register 80, No. 21).
5. Repealer filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§310. Shooting Hours on Resident Small Game Mammals.
Note     •     History

The shooting hours for all resident small game mammals shall be one-half hour before sunrise to one-half hour after sunset.
NOTE

Authority cited: Section 3000, Fish and Game Code. Reference: Section 3000, Fish and Game Code.
HISTORY

1. Amendment filed 6-4-70; designated effective 7-1-70 (Register 70, No. 23). For prior history, see Register 69, No. 22.
2. Amendment filed 8-20-76; effective tenth day thereafter (Register 76, No. 34).
3. New NOTE filed 9-16-81; designated effective tenth day thereafter (Register 81, No. 38). 
§310.5. Shooting Hours for Upland Game Birds.
Note     •     History

The shooting hours for all upland game birds, except for pheasants and the spring wild turkeys season, shall be from one-half hour before sunrise to sunset. The shooting hours for pheasants shall be from 8:00 a.m. to sunset. The shooting hours for the spring wild turkey season shall be from one-half hour before sunrise to 4:00 p.m.
NOTE

Authority cited: Section 3000, Fish and Game Code. Reference: Section 3000, Fish and Game Code.
HISTORY

1. New section filed 8-20-76; effective tenth day thereafter (Register 76, No. 34).
2. Amendment of NOTE filed 9-16-81; designated effective tenth day thereafter (Register 81, No. 38).
3. Amendment filed 8-18-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 34).
4. Amendment filed 8-24-83; designated effective tenth day thereafter (Register 83, No. 35).
5. Amendment filed 10-17-84; designated effective tenth day thereafter (Register 84, No. 42).
6. Amendment filed 9-27-85; effective tenth day thereafter (Register 85, No. 39).
7. Amendment filed 9-16-87; operative 9-16-87 pursuant to Fish and Game Code section 202 (Register 87, No. 38). 
8. Amendment  filed 9-16-93; operative 9-16-93 pursuant to sections 202 and 215, Fish and Game Code (Register 93, No. 38).
9. Amendment of section heading and repealer and new section filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 40).
§311. Methods Authorized for Taking Resident Small Game.
Note     •     History

Only the following may be used to take resident small game:
(a) Shotguns 10 gauge or smaller using shot shells only and incapable of holding more than three shells in the magazine and chamber combined. If a plug is used to reduce the capacity of a magazine to fulfill the requirements of this section, the plug must be of one piece construction incapable of removal without disassembling the gun.
(b) Shotgun shells may not be used or possessed that contain shot size larger than No. BB, except that shot size larger than No. 2 may not be used or possessed when taking wild turkey. All shot shall be loose in the shell.
(c) Muzzle-loading shotguns.
(d) Falconry.
(e) Bow and arrow (see Section 354 for archery equipment regulations).
(f) Air rifles powered by compressed air or gas and used with any caliber of pellet, except that wild turkey may only be taken with a pellet that is at least 0.177 caliber.
(g) In addition to the methods listed in (a), (b), (c), (d), (e), and (f) above, firearm rifles and pistols may be used for taking rabbits and squirrels only; except in Los Angeles County where rifles and pistols may not be used.
(h) In San Diego and Orange counties only, rabbits may be taken at any time during the open season by means of box traps. Such traps shall not exceed 24 inches in any dimension, shall be tended at least once every 24 hours, and shall show the name and address of the trap owner. All rabbits taken under this section shall be immediately killed and become a part of the daily bag limit.
(i) Electronic or mechanically-operated calling or sound-reproducing devices are prohibited when attempting to take resident game birds.
(j) Coursing dogs may be used to take rabbits.
(k) Archers hunting during any archery season may not possess a firearm while in the field engaged in archery hunting during an archery season.
(l) The use of live decoys is prohibited when attempting to take resident game birds.
(m) Pistols and revolvers may be used to take sooty and ruffed grouse in those counties only and for the season described in Section 300(a)(1)(E).
(n) Crossbows, except for provisions of Section 354(d) and (g).
(o) Dogs may be used to take and retrieve resident small game.
NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200 and 203, Fish and Game Code.
HISTORY

1. New subsection (m) filed 6-24-85 as an emergency; effective upon filing (Register 85, No. 27). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-22-85. For prior history, see Register 84, No. 42.
2. Notice of Erroneous Filing declaring 6-24-85 Certificate of Compliance null and void filed 7-2-85 by OAL (Register 85, No. 27).
3. Amendment filed 9-27-85; effective tenth day thereafter (Register 85, No. 39).
4. Certificate of Compliance as to 6-24-85 order transmitted to OAL 9-30-85 and filed 11-1-85 (Register 85, No. 44).
5. New subsection (n) filed 10-2-87; operative 10-2-87 (Register 87, No. 41). 
6. Amendment of subsection (f) filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
7. Amendment of subsection (f) filed 7-1-98; operative 7-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 27).
8. Amendment of subsection (f) filed 9-1-2000; operative 9-1-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 35).
9. Change without regulatory effect amending subsection (l) filed 7-24-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 30).
10. Amendment of subsection (g) filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
11. Change without regulatory effect amending subsection (l) filed 8-25-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 35).
12. Amendment filed 9-8-2011; operative 9-10-2011 pursuant to Fish and Game Code section 202 (Register 2011, No. 36).
§311.5. Prohibitions on Use of Firearms in Taking Resident and Migratory Game Birds. [Repealed]
History

HISTORY

1. Amendment filed 6-16-61; designated effective 7-1-61 (Register 61, No. 12).
2. Amendment filed 6-24-63; designated effective 7-1-63 (Register 63, No. 10).
3. Repealer filed 6-15-67; designated effective 7-1-67 (Register 67, No. 24). 
§311.6. Prohibition of Rifles and Pistols in Picacho and Providence Mountains State Recreation Areas.
Note     •     History

The use of rifles and pistols to take any bird or mammal is prohibited in Picacho and Providence Mountains State Recreation Areas.
NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 206, 214, 214.5 and 220, Fish and Game Code.
HISTORY

1. New section filed 9-21-67 as an emergency; effective upon filing (Register 67, No. 38).
2. Certificate of Compliance--Section 11422.1, Gov. Code, filed 12-12-67 (Register 67, No. 50).
3. Amendment filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24).
4. Amendment of NOTE filed 9-16-81; designated effective tenth day thereafter (Register 81, No. 38). 
§311.7. Use of Rifles and Pistols in Los Angeles County.
Note     •     History

In Los Angeles County the use of rifles or pistols is prohibited in the taking of rabbits.
NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 206, 214, 214.5 and 220, Fish and Game Code.
HISTORY

1. New NOTE filed 9-16-81; designated effective tenth day thereafter (Register 81, No. 38). 
§311.8. Prohibition Against Shooting Resident Small Game from Boats. [Repealed]
History

HISTORY

1. Repealer filed 6-4-70; designated effective 7-1-70 (Register 70, No. 23).
§312. Sporting Hunting License: Non-Transferable Tags As Permits. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 203 and 3035, Fish and Game Code. Reference: Sections 200, 202, 203, 206, 211-214.5, 220, and 3035, Fish and Game Code.
HISTORY

1. New section 604 filed 7-6-51; effective thirtieth day thereafter (Register 25, No. 1).
2. Amendment filed 2-19-52; effective thirtieth day thereafter (Register 27, No. 4).
3. Renumbered from former section 604 (Register 59, No. 9).
4. Amendment filed 2-4-64; designated effective 7-1-64 (Register 64, No. 3).
5. Amendment of NOTE filed 9-16-81; designated effective tenth day thereafter (Register 81, No. 38).
6. Repealer filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
§313. Upland Game Bird Stamp.
Note     •     History

Any adult License holder taking resident game birds including Chinese spotted doves, ringed turtle doves, of the family Columbidae; California quail and varieties thereof, Gambel's or desert quail, mountain quail and varieties thereof, sooty, ruffed, and sage grouse, white-tailed ptarmigan, Hungarian partridges, red-legged partridges including the chukar and other varieties, ring-necked pheasants and varieties, and wild turkeys of the order Galliformes; and migratory game birds including common snipe, western mourning doves, white-winged doves, and band-tailed pigeons must have a current state upland game bird stamp affixed to their license.
NOTE

Authority cited: Sections 200, 201, 202, and 203, Fish and Game Code. Reference: Sections 3682 Fish and Game Code.
HISTORY

1. New section filed 7-15-93; operative 8-16-93 (Register 93, No. 29).
2. Change without regulatory effect amending section heading and section filed 8-25-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 35).
Chapter 3. Big Game
§350. Big Game Defined.
Note     •     History

“Big game” means the following: deer (genus Odocoileus), elk (genus Cervus), pronghorn antelope (genus Antilocarpa), wild pig (feral pigs, European wild pigs and their hybrids (genus Sus), black bear (genus Ursus) and Nelson bighorn sheep (subspecies Ovis canadensis nelsoni) in the areas described in subsection 4902(b) of the Fish and Game Code.
NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 206, 211, 212, 213, 215, 3950, 4700, 4900 and 4902, Fish and Game Code.
HISTORY

1. Amendment filed 6-14-77; designated effective 7-1-77 (Register 77, No. 25). For prior history, see Register 76, No. 23.
2. Amendment filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 24).
3. Amendment filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
4. Amendment filed 5-19-80; designated effective 5-19-80 (Register 80, No. 21).
5. Renumbering and amendment of section 350 to section 360, and new section 350 filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
6. Amendment filed 6-17-83; designated effective tenth day thereafter (Register 83, No. 25).
7. Editorial correction filed 6-17-83 (Register 83, No. 25).
8. Amendment filed 7-1-86; effective upon filing (Register 86. No. 27).
9. Amendment filed 6-22-87; operative 6-22-87 (Register 87, No. 27).
10. Amendment of section filed 6-28-91; operative 6-28-91 (Register 91, No. 42).
§350.5. Specially Protected Mammal Defined. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222 and 4850, Fish and Game Code.
HISTORY

1. New section filed 6-17-83; designated effective tenth day thereafter (Register 83, No. 25).
2. Repealer filed 7-1-86; effective upon filing (Register 86, No. 27).
§351. Forked-Horn Buck, Antlerless and Either-Sex Deer Defined.
Note     •     History

(a) Forked-Horn Buck Defined. For the purpose of these regulations a forked-horn buck is defined as a male deer having a branched antler on either side with the branch in the upper two-thirds of the antler. Eyeguards or other bony projections on the lower one-third of the antler shall not be considered as points or branches.
(b) Antlerless Deer Defined. For the purpose of these regulations, antlerless deer are defined as female deer, fawns of either sex other than spotted fawns, and male deer with an unbranched antler on one or both sides which is not more than three inches in length.
(c) Either-Sex Deer Defined. For the purpose of these regulations, either-sex deer are defined as antlerless deer as described in Section 351 (b), or legal bucks that have two or more points in the upper two-thirds of either antler. Spike bucks may not be taken.
NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200-203.1 and 207,  Fish and Game Code.
HISTORY

1. Amendment filed 6-13-68; designated effective 7-1-68 (Register 68, No. 22).
2. New subsections (c) and (d) filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19.)
3. Renumbering and amendment of section 351 to section 365 and renumbering and amendment of section 256 to section 351 filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). For history of former section 351, see Registers 80, No. 21; 79, No. 19 and 78, No. 24.
4. Amendment of section heading and subsection (a), repealer of subsection (b) and subsection relettering, and amendment of newly designated subsection (c) and Note filed 6-23-93; operative 6-23-93 pursuant to Fish and Game Code sections 202 and 215 (Register 93, No. 26).
§352. Shooting Hours on Big Game.
Note     •     History

Hunting and shooting hours for big game, including but not limited to deer, antelope, elk, bear, and wild pig shall be from one-half hour before sunrise to one-half hour after sunset.
NOTE

Authority cited: Sections 3000, Fish and Game Code. Reference: Sections 3000, and 3950, Fish and Game Code.
HISTORY

1. Amendment filed 6-4-70; designated effective 7-1-70 (Register 70, No. 23).
2. Amendment filed 5-28-71; designated effective 7-1-71 (Register 71, No. 22).
3. Amendment filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24).
4. Amendment filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 24).
5. Renumbering of Section 356 to Section 352 filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). For history of former Section 352, see Registers 72, No. 24; 71, No. 22 and 70, No.23.
§353. Methods Authorized for Taking Big Game.
Note     •     History

(a) Except for the provisions of subsections 353(b) through (h), Title 14, CCR, big game (as defined by Section 350, Title 14, CCR) may only be taken by rifles using centerfire cartridges with softnose or expanding projectiles; bow and arrow (see Section 354, Title 14, CCR, for archery equipment regulations); or wheellock, matchlock, flintlock or percussion type, including “in-line” muzzleloading rifles using black powder or equivalent black powder substitute, including pellets, with a single projectile loaded from the muzzle and at least .40 caliber in designation. For purposes of Section 353, a “projectile” is defined as any bullet, ball, sabot, slug, buckshot or other device which is expelled from a firearm through a barrel by force.
(b) Shotguns capable of holding not more than three shells firing single slugs may be used for the taking of deer, bear and wild pigs. In areas where the discharge of rifles or shotguns with slugs is prohibited by county ordinance, shotguns capable of holding not more than three shells firing size 0 or 00 buckshot may be used for the taking of deer only.
(c) Pistols and revolvers using centerfire cartridges with softnose or expanding projectiles may be used to take deer, bear, and wild pigs.
(d) Pistols and revolvers with minimum barrel lengths of 4 inches, using centerfire cartridges with softnose or expanding projectiles may be used to take elk and bighorn sheep.
(e) Except as provided in subsection 354(j), crossbows may be used to take deer and wild pigs only during the regular seasons.
(f) Under the provisions of a muzzleloading rifle only tag, hunters may only possess muzzleloading rifles as described in subsection 353(a) equipped with open or “peep” type sights only except as described in subsection 353(k).
(g) Under the provisions of a muzzleloading rifle/archery tag, hunters may only possess muzzleloading rifles with sights as described in subsection 353(f); archery equipment as described in Section 354; or both. For purposes of this subsection, archery equipment does not include crossbows, except as provided in subsection 354(j).
(h) Methods of take within the California condor range. Except as otherwise provided, it is unlawful to use or possess projectiles containing more than one percent lead by weight while taking or attempting to take any big game (as defined in Section 350, Title 14, CCR) in those areas described in Section 3004.5, Fish and Game Code.
(1) Except as otherwise provided, it is unlawful to possess any projectile containing lead in excess of the amount permitted in subsection 353(h) and a firearm capable of firing the projectile while taking or attempting to take any big game within the area described in subsection 353(h). The possession of a projectile containing lead in excess of the amount allowed in subsection 353(h) without possessing a firearm capable of firing the projectile is not a violation of this section.
(i) Except as otherwise provided, while taking or attempting to take big game under the provisions of Section 353 or Section 354, Title 14, CCR, it is unlawful to use any device or devices which: 1) throw, cast or project an artificial light or electronically alter or intensify a light source for the purpose of visibly enhancing an animal; or 2) throw, cast or project an artificial light or electronically alter or intensify a light source for the purpose of providing a visible point of aim directly on a animal. Devices commonly referred to as “sniperscopes”, night vision scopes or binoculars, or those utilizing infra-red, heat sensing or other non-visible spectrum light technology used for the purpose of visibly enhancing an animal or providing a visible point of aim directly on a animal are prohibited and may not be possessed while taking or attempting to take big game. Devices commonly referred to as laser rangefinders, “red-dot” scopes with self-illuminating reticles, and fiberoptic sights with self-illuminating sight or pins which do not throw, cast or project a visible light onto an animal are permitted.
(j) Unless provided in these regulations or any other law, it is unlawful to possess a loaded muzzleloading firearm in any vehicle or conveyance or its attachments which is standing on or along or is being driven on or along any public road or highway or other way open to the public. 
For the purposes of this section, a muzzleloading firearm shall be deemed to be loaded when it is capped or primed or has an electronic or other ignition device attached and has a powder charge and projectile or shot in the barrel or cylinder.
(k) Upon application to the department, the department may issue a Disabled Muzzleloader Scope Permit, free of any charge or fee, to any person with a physical disability, as defined in 353(l), which prevents him/her from being able to focus on the target utilizing muzzleloading rifles equipped with open or “peep” sights. The Disabled Muzzleloader Scope Permit authorizes the disabled hunter to use a 1X scope on a muzzleloading rifle, as described in subsection 353(f), with a muzzleloading rifle only tag. 
(1) Applications for a Disabled Muzzleloader Scope Permit as specified in Section 702 shall be submitted to the department at the address specified on the application and shall include:
(A) Applicant's name
(B) Applicant's physical address
(C) Applicant's date of birth
(D) Applicant's Driver's License or DMV Number
(E) Applicant's telephone number
(F) Applicant's signature
(G) Medical Physician's or Optometrist's name
(H) Medical Physician's or Optometrist's business address
(I) Medical Physician's or Optometrist's business telephone number
(J) Medical Physician's State medical license number or Optometrist's State license number
(K) A description of the visual disability requiring this permit
(L) Medical Physician's or Optometrist's signature
(M) Signature of the authorizing department employee and date issued
(2) The applicant must have a valid hunting license for the year for which he/she is applying.
(3) Proof of meeting eligibility requirements may be met by providing a previously issued Disabled Muzzleloader Scope Permit. 
(4) The valid Disabled Muzzleloader Scope Permit shall be in the hunter's immediate possession while hunting and shall be shown on demand to any person authorized to enforce this regulation. 
(5) The Disabled Muzzleloader Scope Permit is valid from July 1 through June 30 of the following year or if issued after July 1 of the license year, it is valid beginning on the date issued through to the following June 30
(l) For the purposes of this section a visual disability means a permanent loss, significant limitation, or diagnosed disease or disorder, which substantially impairs the vision of a hunter, preventing the hunter from viewing and aligning the sights of a muzzleloading rifle with the target in order to hunt deer. 
NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 2005, 2055, 3004.5 and 3950, Fish and Game Code.
HISTORY

1. Repealer and new section filed 6-22-87; operative 6-22-87 (Register 87, No. 27). For prior history, see Register 85, No. 44.
2. Amendment of subsection (e) and new subsection (g) filed 5-31-88; operative 5-31-88 (Register 88, No. 23).
3. Amendment of subsection (a) and new subsection (h) filed 10-15-90 as an emergency; operative 10-15-90 (Register 90, No. 46). A Certificate of Compliance must be transmitted to OAL by 2-12-91 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 10-15-90 by operation of Government Code section 11346.1(f) (Register 91, No. 49).
5. Amendment of subsection (a) filed  7-8-92; operative 7-8-92 pursuant to Fish and Game Code section 215 (Register 92, No. 28).
6. Amendment of subsections (b) and (c) and Note filed 6-23-93; operative 6-23-93 pursuant to Fish and Game Code sections 202 and 215 (Register 93, No. 26).
7. Amendment of subsections (a) and (g) filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
8. Change without regulatory effect amending subsection (g) filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
9. Amendment of subsection (a), new subsection (d), repealer of subsections (e) and (f), subsection relettering, and amendment of newly designated subsection  (f) filed 7-1-98; operative 7-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 27).
10. Amendment of subsection (a) and new subsection (g) filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game Code sections 202 and 205 (Register 2000, No. 26).
11. Amendment of subsections (a) and (e)-(g), new subsection (h) and amendment of Note filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
12. Amendment of subsections (a), (c) and (d), new subsections (h)-(h)(1), subsection relettering and amendment of Note filed 5-15-2008; operative 7-1-2008 (Register 2008, No. 20).
13. Amendment of subsection (f) and new subsections (j)-(k)(4) filed 6-12-2009; operative 7-1-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 24). 
14. Amendment of subsection (k)(1), repealer of subsection (k)(1)(E), subsection relettering, new subsection (k)(2), subsection renumbering and amendment of newly designated subsection (k)(5) filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§354. Archery Equipment and Crossbow Regulations.
Note     •     History

(a) Bow, as used in these regulations, means any device consisting of a flexible material having a string connecting its two ends and used to propel an arrow held in a firing position by hand only. Bow, includes long bow, recurve or compound bow.
(b) Crossbow, as used in these regulations means any device consisting of a bow or cured latex band or other flexible material (commonly referred to as a linear bow) affixed to a stock, or any bow that utilizes any device attached directly or indirectly to the bow for the purpose of keeping a crossbow bolt, an arrow or the string in a firing position. Except as provided in subsection 354(j), a crossbow is not archery equipment and cannot be used during the archery deer season.
(c) For the taking of big game, hunting arrows and crossbow bolts with a broad head type blade which will not pass through a hole seven-eighths inch in diameter shall be used. Mechanical/retractable broad heads shall be measured in the open position. For the taking of migratory game birds, resident small game, furbearers and nongame mammals and birds any arrow or crossbow bolt may be used except as prohibited by subsection (d) below.
(d) No arrows or crossbow bolt with an explosive head or with any substance which would tranquilize or poison any animal may be used. No arrows or crossbow bolt without flu-flu fletching may be used for the take of pheasants and migratory game birds, except for provisions of section 507(a)(2).
(e) No arrow or crossbow bolt may be released from a bow or crossbow upon or across any highway, road or other way open to vehicular traffic.
(f) No bow or crossbow may be used which will not cast a legal hunting arrow, except flu-flu arrows, a horizontal distance of 130 yards.
(g) Except as described in subsection 354(j), crossbows may not be used to take game birds and game mammals during archery seasons.
(h) Except as provided in subsection 353(g), archers may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery only tag.
(i) No person may nock or fit the notch in the end of an arrow to a bowstring or crossbow string in a ready-to-fire position while in or on any vehicle.
(j) Upon application to the department, the department may issue a Disabled Archer Permit, free of any charge or fee, to any person with a physical disability, as defined in 354(k), which prevents him/her from being able to draw and hold a bow in a firing position. The Disabled Archer Permit authorizes the disabled archer to use a crossbow or device which holds a string and arrow in the firing position to assist in the taking of birds and mammals under the conditions of an archery tag or during archery season.
(1) Applications for a Disabled Archer Permit as specified in Section 702 shall be submitted to the department at the address specified on the application and shall include:
(A) Applicant's name
(B) Applicant's physical address
(C) Applicant's date of birth
(D) Applicant's Driver's License or DMV Number
(E) Applicant's telephone number
(F) Applicant's signature
(G) Medical Physician's name
(H) Medical Physician's business address
(I) Medical Physician's business telephone number
(J) Medical Physician's State medical license number
(K) A description of the disabled archer's disability. The physician shall designate if the disability is permanent or temporary. If the disability is temporary, shall provide date the disability is expected to end.
(L) Medical Physician's signature
(N) Signature of the authorizing department employee and date issued
(2) Proof of meeting eligibility requirements may be met by providing a previously issued Disabled Archer Permit when the disability is still in effect.
(3) The valid Disabled Archer Permit shall be in the archer's immediate possession while hunting and shall be shown on demand to any person authorized to enforce this regulation.
(4) The Disabled Archer Permit is valid beginning July 1 through June 30 of the following year or if issued after July 1 of the license year, it is valid beginning on the date issued through to the following June 30. For any person with a permanent disability, the permit is valid through the end of the license year. A Disabled Archer Permit for a permit holder with a temporary disability that ends prior to the end of the license year is valid only through the date specified by his/her physician.
(k) For the purposes of this section a physical disability means, a person having a permanent loss, significant limitation, or diagnosed disease or disorder, which substantially impairs one or both upper extremities preventing a hunter to draw and hold a bow in a firing position.
NOTE

Authority cited: Sections 200, 202, 203 and 240, Fish and Game Code. Reference: Sections 200, 202, 203 and 203.1, Fish and Game Code.
HISTORY

1. Amendment of subsections (a) and (f) filed 6-24-85 as an emergency; effective upon filing (Register 85, No. 27). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-22-85.
2. Notice of Erroneous Filing declaring 6-24-85 Certificate of Compliance null and void filed 7-2-85 (Register 85, No. 27).
3. Amendment filed 9-27-85; effective tenth day thereafter (Register 85, No. 39).
4. Amendment of subsection (d) filed 10-11-85; effective upon filing (Register 85, No. 44).
5. Certificate of Compliance as to 6-24-85 order transmitted to OAL 9-30-85 and filed 11-1-85 (Register 85, No. 44).
6. Amendment of subsections (b) and (c) filed 6-22-87; operative 6-22-87 (Register 87, No. 27).
7. Amendment of subsection (c) filed 10-15-90 as an emergency; operative 10-15-90 (Register 90, No. 46). A Certificate of Compliance must be transmitted to OAL by 2-12-91 or emergency language will be repealed by operation of law on the following day.
8. Reinstatement of section as it existed prior to emergency amendment filed 10-15-90 by operation of Government Code section 11346.1(f) (Register 91, No. 49).
9. Amendment of subsection (f) and Note and new subsection (i) filed 7-8-92; operative 7-8-92 pursuant to Fish and Game Code section 215 (Register 92, No. 28).
10. Change without regulatory effect amending subsection (d) filed 7-24-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 30).
11. Amendment of subsection (c) filed 6-24-2003; operative 7-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 26). 
12. Amendment of subsections (b) and (g)-(h) and new subsection (j) filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
13. Amendment of subsection (j) and new subsections (j)(1)-(k) filed 7-19-2005; operative 7-19-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 29).
14. Amendment of subsection (j)(1), repealer of subsection (j)(1)(E), subsection relettering, amendment of newly designated subsection (j)(1)(K), new subsection (j)(2), repealer of former subsection (j)(3), renumbering of former subsection (j)(2) to (j)(3) and new subsection (j)(4) filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§355. Ammunition Authorized for Taking Big Game and Nongame Birds and Nongame Mammals in Condor Range.
Note     •     History

In addition to those conditions provided for in sections 353 and 475, only centerfire rifle, centerfire pistol, muzzleloading, shotgun slug, and rimfire ammunition using projectiles certified pursuant to this section as containing no lead (as defined by subsection 353(h)) shall be used for the taking of big game and nongame birds and nongame mammals in condor range (see subsection 353(h)).
(a) Ammunition Certification Process. Any person or manufacturer of ammunition or projectiles wishing to have their ammunition or projectiles certified for hunting big game or nongame birds and nongame mammals in condor range shall submit the information identified in subsections (b)(1)-(5) to the California Department of Fish and Game, Wildlife Programs Branch, Sacramento. The Department shall accept or reject the request within 60 days of receipt. The ammunition or projectiles whose request has been accepted will be added to the list entitled “Certified ammunition and projectiles for hunting big game and nongame birds and nongame mammals in condor range” maintained by the Department.
(b) Information required for consideration of certification:
(1) Name of Manufacturer of ammunition or projectile, address, and contact information.
(2) For ammunition certifications, information shall specify as to caliber, cartridge designation, and projectile. Projectile specifications shall include unique identifying characteristics and percent content of lead by weight.
(3) For projectile certifications, information shall specify as to unique identifying characteristics and percent content of lead by weight.
(4) Signed statement verifying that all information provided is accurate.
(5) Digital color image of projectile or ammunition.
(c) The Department shall determine, based on information supplied, if the projectile contains less than the percent lead content by weight as defined in 353(h).
(d) The Department shall update the list of certified ammunition and projectiles no less than once annually and make it available to hunters.
(e) The Department shall decertify and remove from the list any projectiles or ammunition if information is received that it does not meet the standards set forth in subsection (b) within 60 days of receipt.
NOTE

Authority cited: Sections 200, 202, 203 and 3004.5, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 2055 and 3004.5, Fish and Game Code.
HISTORY

1. New section filed 6-18-2008; operative 7-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 25). For prior history, see Register 81, No. 20. 
§355.5. Firearms and Archery Equipment Authorized for Taking Nongame Animals During the Open Deer Season. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200-221, Fish and Game Code. Reference: Sections 200-221, Fish and Game Code.
HISTORY

1. New section filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 24).
2. Repealer filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
3. Change without regulatory effect amending section heading filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
§356. Shooting Hours on Big Game. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 3000, Fish and Game Code. Reference: Sections 3000, and 3950, Fish and Game Code.
HISTORY

1. Amendment filed 6-4-70; designated effected 7-1-70 (Register 70, No. 23).
2. Amendment filed 5-28-71; designated effective 7-1-71 (Register 71, No. 22).
3. Amendment filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24).
4. Amendment 6-13-78; effective thirtieth day thereafter (Register 78, No. 24).
5. Renumbering of Section 356 to Section 352 filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
§357. Use of Dogs in Hunting Deer, Bear, Wild Pigs. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 203, 219, 3800, 4150, and 4853, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3800, 4000, 4150, 4756, and 4850-4854, Fish and Game Code.
HISTORY

1. Amendment filed 6-16-61; designated effective 7-1-61 (Register 61, No. 12).
2. Amendment filed 6-23-66; designated effective 7-2-66 (Register 66, No. 19).
3. Amendment filed 6-1-73; designated effective 7-1-73 (Register 73, No. 22).
4. Amendment filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 24).
5. Amendment filed 5-19-80; designated effective 5-19-80 (Register 80, No. 21).
6. Repealer filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
§357.1. Use of Dogs in Pursuit of and/or Hunting Wildlife. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 203, 219, 3800, 4150, and 4853, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3800, 4000, 4150, 4756, and 4850-4854, Fish and Game Code.
HISTORY

1. New section filed 6-14-77; designated effective 7-1-77 (Register 77, No. 25).
2. Amendment of subsections (a), (b), and (c) (3) filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 24).
3. Amendment of subsections (a) and (c) (3) filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19). 
4. Amendment filed 5-19-80; designated effective 5-19-80 (Register 80, No. 21).
5. Repealer filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
§358. Archery Deer Hunting. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, and 211-222, Fish and Game Code.
HISTORY

1. Amendment of subsections (a) and (b) filed 6-4-76; designated effective 7-1-76 (Register 76, No. 23). For prior history, see Register 75, No. 23.
2. Amendment filed 6-14-77; designated effective 7-1-77 (Register 77, No. 25).
3. Amendment filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 24).
4. Amendment filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
5. Amendment filed 5-19-80; designated effective 5-19-80 (Register 80, No. 21).
6. Renumbering of Section 358 to Section 361 filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
§358.5. Archery Bear Hunting. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: 200-203.1, 206, 207, and 211-222, Fish and Game Code.
HISTORY

1. Amendment of subsection (a) filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 24). For prior history, see Register 77, No. 25.
2. Amendment filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
3. Amendment filed 5-19-80; designated effective 5-19-80 (Register 80, No. 21).
4. Repealer filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
§359. Archery Equipment Regulations. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: 200-203.1, 206, 207, and 211-222, Fish and Game Code.
HISTORY

1. New subsection (g) filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19). For prior history, see Register 78, No. 24.
2. Repealer filed 6-7-82; designated effective tenth day thereafter (Register 82, No. 24).
§359.5. Use of Crossbows. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, and 211-222, Fish and Game Code.
HISTORY

1. Amendment filed 6-14-77; designated effective 7-1-77 (Register 77, No. 25).
2. Repealer filed 6-7-82; designated effective tenth day thereafter (Register 82, No. 24).
§360. Deer.
Note     •     History

Except as otherwise provided in this Title 14, deer may be taken only as follows:
(a) A, B, C, and D Zone Hunts.
(1) Zone A.
(A) Area: Shall include all of Zone A-South Unit 110 and Zone A-North Unit 160 (see subsections 360(a)(1)(A)1. through 2.).
1. South Unit 110. In those portions of Alameda, Contra Costa, Fresno, Kern, Kings, Los Angeles, Madera, Merced, Monterey, San Benito, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Stanislaus, Tulare and Ventura counties within a line beginning at the intersection of Highway 99 and the San Joaquin-Sacramento county line at Dry Creek; south on Highway 99 to Highway 166 in Kern County; west on Highway 166 to Highway 33; south on Highway 33 to Sespe Creek; east and south along Sespe Creek to Highway 126; east on Highway 126 to Interstate 5; south on Interstate 5 and 405 to Interstate 10; west on Interstate 10 to the Pacific Ocean; north on the Pacific Ocean coastline to the San Mateo-San Francisco county line; east on the San Mateo-San Francisco county line to the Alameda county line; north on the Alameda-San Francisco county line to the Contra Costa-San Francisco county line; northwest on Contra Costa-San Francisco county line to the Contra Costa-Marin county line; northeast on the Contra Costa-Marin county line to the Contra Costa-Solano county line in San Pablo Bay; east on the Contra Costa-Solano county line and the Sacramento River to the confluence of the San Joaquin River and Sacramento-Contra Costa county line; east on the Sacramento-Contra Costa county line and San Joaquin River to the confluence of the Mokelumne River and San Joaquin-Sacramento county line; northeast on the San Joaquin-Sacramento county line and Mokelumne River to the confluence of Dry Creek; east on the San Joaquin-Sacramento county line and Dry Creek to the point of beginning at Highway 99.
2. North Unit 160. In those portions of Colusa, Glenn, Lake, Marin, Mendocino, Napa, Sacramento, Solano, Sonoma and Yolo within a line beginning at the junction of the mouth of Hardy Creek (Mendocino County) and the Pacific Ocean; east along Hardy Creek to Highway 1; north along Highway 1 to Highway 101; south along Highway 101 to Commercial Avenue in the town of Willits; east on Commercial Avenue to the Hearst-Willits Road (County Road 306); north and east on the Hearst-Willits Road to the Main Eel River; southeast on the Main Eel River to Lake Pillsbury at Scott Dam; southeast along the west shore of Lake Pillsbury and the Rice Fork of the Eel River to Forest Service Road M-10; east on Forest Service Road M-10 to Forest Service Road 17N16; east on Forest Service Road 17N16 to Forest Service Road M-10; east on Forest Service Road M-10 to Letts Valley-Fouts Spring Road; east on the Letts Valley-Fouts Spring Road to the Elk Creek-Stonyford Road (County Road 306); north on the Elk Creek-Stonyford Road to the Glenn-Colusa county line; east along the Glenn-Colusa County line to Interstate 5; Interstate 5 south to Highway 99 in the City of Sacramento; Highway 99 south to the Sacramento/San Joaquin County line at Dry Creek, west along the Sacramento/San Joaquin County line and Dry Creek to the confluence with the Mokelumne River, southwest on the Sacramento/San Joaquin County line and Mokelumne River to the confluence with the San Joaquin River and Sacramento/Contra Costa County line, west on the Sacramento/Contra Costa County line and San Joaquin River to the confluence of the Sacramento River and Solano/Contra Costa County line, west on the Sacramento River and Solano/Contra Costa County line to the Marin County line in San Pablo Bay, southwest on the Marin/Contra Costa and Marin/San Francisco county lines to the North Peninsula shoreline near the Golden Gate Bridge, west on the shoreline to the Pacific Ocean coastline, northwest on the Pacific Ocean coastline to the point of beginning.
(B) Season: The season in Zone A-South Unit 110 and Zone A-North Unit 160 shall open on the second Saturday in August and extend for 44 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 65,000. Zone A tags are valid in Zone A-South Unit 110 and Zone A-North Unit 160.
(2) Zone B.
(A) Area: Shall include all of Zones B-1, B-2, B-3, B-4, B-5 and B-6 (see subsections 360(a)(2)(A) 1-6). 
1. Zone B-1.
In the County of Del Norte and those portions of Glenn, Humboldt, Lake, Mendocino, Siskiyou and Trinity counties within a line: Beginning at the California-Oregon state line and the Pacific Ocean; east along the state line to the point where Cook-Green Pass Road (Forest Service Road 48N20) intersects the California-Oregon state line; south on the Cook-Green Pass Road to Highway 96 near Seiad Valley; west and south along Highway 96 to Highway 299 at Willow Creek; southeast along Highway 299 to the South Fork of the Trinity River; southeast along the South Fork of the Trinity River to the boundary of the Yolla Bolly-Middle Eel Wilderness Area; southwest along the boundary of the Yolla Bolly-Middle Eel Wilderness Area to the Four Corners Rock-Washington Rock Trail; south and east on the Four Corners Rock-Washington Rock Trail to the North Fork of Middle Fork Eel River; south on the North Fork of Middle Fork Eel River to Middle Fork Eel River; east on Middle Fork Eel River to confluence with Balm of Gilead Creek; north and east on Balm of Gilead Creek to confluence with Minnie Creek; east and south on Minnie Creek to Soldier Ridge Trail; north on Soldier Ridge Trail to Summit Trail; south on Summit Trail to Green Springs Trail head at Pacific Crest Road (U.S. Forest Service Road M-2); south on the Mendocino Pass Road to the intersection of Forest Highway 7; west on Forest Highway 7 to the Middle Fork of the Eel River near Eel River Work Center; southwest on the Middle Fork of the Eel River to the Black Butte River; Black Butte River to the Glenn-Mendocino county line; south along the Glenn-Mendocino and Lake-Mendocino county lines to the northern boundary of State Game Refuge 2-A; east and south along the northern and eastern boundaries of State Game Refuge 2-A to the Glenn-Lake near Sheetiron Mountain; south along the Glenn-Lake and Colusa-Lake county lines to Forest Service Road 17N16; west on Forest Service Road 17N16 to Forest Service Road M-10; west on Forest Service Road M-10 to the Rice Fork of the Eel River; northwest along the Rice Fork of the Eel River and the shore of Lake Pillsbury to the Main Eel River at Scott Dam; west and north along the Main Eel River to the Hearst-Willits Road; southwest on the Hearst-Willits Road to Commercial Avenue; west on Commercial Avenue to Highway 101; north on Highway 101 to Highway 1 at Leggett; west on Highway 1 to its intersection with the South Fork of the Eel River; north and west along the South Fork of the Eel River to the main Eel River; west and north along the main Eel River to mouth of the Eel River and north along the Pacific coastline to the point of beginning.
2. Zone B-2.
In those portions of Humboldt, Shasta, Siskiyou, Tehama, and Trinity counties within a line beginning at the intersection of Interstate 5 and Highway 299 in Redding; west on Highway 299 to the Bully Choop Mountain Road at the Shasta-Trinity county line and Buckhorn Summit; south on the Bully Choop Mountain Road to a point where this road leaves the Shasta-Trinity county line at Mud Springs; southwest along the Shasta-Trinity county line to the Browns Creek-Harrison Gulch Road; south on the Browns Creek-Harrison Gulch Road to Highway 36; east on Highway 36 (200 yards) to Forest Service Arterial Road 41; south on Forest Service Arterial Road 41 to Stuart Gap at the Tehama-Trinity county line; south on the Tehama-Trinity county line to the north boundary of the Yolla Bolly-Middle Eel Wilderness Area; west and south on the Yolla Bolly-Middle Eel Wilderness boundary to the South Fork of the Trinity River; north and west along the South Fork of the Trinity River to Highway 299; west and north on Highway 299 to Highway 96 at Willow Creek; north on Highway 96 to the Cecilville-Salmon River Road (Forest Service Road 93) at Somes Bar; east along the Cecilville-Salmon River Road to Highway 3 at Callahan; east along Highway 3 to the Gazelle-Callahan Road (Forest Service Road 1219); east along the Gazelle-Callahan Road to Highway 99; north along Highway 99 to Louie Road; east along Louie Road to Interstate 5; south along Interstate 5 to the point of beginning.
3. Zone B-3.
In those portions of Colusa, Glenn, Lake, Mendocino, and Tehama counties within a line beginning at the intersection of Interstate 5 and Black Butte Reservoir Road; south on Interstate 5 to the Glenn-Colusa county line; west along the Glenn-Colusa county line to the Elk Creek-Stonyford Road (County Road 306); south on the Elk Creek-Stonyford Road to the Letts Valley-Fouts Spring Road; west on the Letts Valley-Fouts Spring Road through Fouts Spring to Forest Service Road M-10; west on Forest Service Road M-10 to the Colusa-Lake county line; north along the Colusa-Lake and Glenn-Lake county lines to the eastern boundary of State Game Refuge 2-A, near Sheetiron Mountain; north and west along the eastern and northern boundaries of State Game Refuge 2-A to the Lake-Mendocino county line; north on the Lake-Mendocino and Glenn-Mendocino county lines to the Black Butte River; northwest along the Black Butte River to the Middle Fork of the Eel River; east and north along the Middle Fork of the Eel River to Forest Highway 7 near the Eel River Work Center; east on Forest Highway 7 to the Low Gap-Government Flat Road; north on the Low Gap-Government Flat Road to the Round Valley-Paskenta Road at Government Flat; east on the Round Valley-Paskenta Road to the Black Butte Lake-Newville Road; south and east on the Black Butte Lake-Newville Road to Interstate 5 at the point of beginning.
4. Zone B-4.
In those portions of Mendocino and Humboldt counties within a line beginning at the mouth of Hardy Creek and the Pacific Ocean; north along the Pacific coastline to the mouth of the Eel River; east and south along the main Eel River to the South Fork of the Eel River; south along the South Fork of the Eel River to state Highway 1 at Leggett; west on state Highway 1 to Hardy Creek; west along Hardy Creek to the point of beginning.
5. Zone B-5.
In those portions of Glenn, Mendocino, Shasta, Tehama and Trinity counties within a line beginning at the intersection of Highway 299 and Interstate 5 in Redding; south along Interstate 5 to the Black Butte Lake- Newville Road near Orland; west and north on the Black Butte Lake-Newville Road to the Round Valley-Paskenta Road; west on the Round Valley-Paskenta Road to the Pacific Crest Road (U.S. Forest Service Road M-2) near Government Flat; north on the Pacific Crest Road to the Summit Trailhead at Green Springs; north along Summit Trail to Soldier Ridge Trail; south and west along Soldier Ridge Trail to Minnie Creek; north and west on Minnie Creek to Balm of Gilead Creek; west on Balm of Gilead Creek to the Middle Fork of the Eel River; west on the Middle Fork of the Eel River to the North Fork of the Middle Fork of the Eel River; north on the North Fork of the Middle Fork of the Eel River to the Four Corners Rock-Washington Rock Trail; north and west on the Four Corners Rock-Washington Rock Trail to the boundary of the Yolla Bolly-Middle Eel Wilderness Area; north along the boundary of the Yolla Bolly-Middle Eel Wilderness Area to the Tehama-Trinity county line; north on the Tehama-Trinity county line to Forest Service Arterial Road 41 at Stuart Gap; north on Forest Service Arterial Road 41 to Highway 36; west on Highway 36 (200 yards) to the Browns Creek-Harrison Gulch Road; north on the Browns Creek-Harrison Gulch Road to the Shasta-Trinity county line; northeast along the Shasta-Trinity county line to Mud Springs, where the Bully Choop Mountain Road joins the Shasta-Trinity county line;  north on the Bully Choop Mountain Road to Highway 299 at Buckhorn Summit and the Shasta-Trinity county line; east on HIghway 299 to Interstate 5 in Redding.
6. Zone B-6.
In that portion of Siskiyou County within a line beginning at the California-Oregon state line and its intersection with Interstate 5; south on Interstate 5 to Louie Road near Gazelle; west on Louie Road to Highway 99; south on Highway 99 to the Gazelle-Callahan Road at Gazelle; west on the Gazelle-Callahan Road to Highway 3; west on Highway 3 to the Cecilville-Salmon River Road (Forest Service Road 93) at Callahan; west on the Cecilville-Salmon River Road to Highway 96 at Somes Bar; north on Highway 96 to the Cook-Green Pass Road at Seiad Valley; north on the Cook-Green Pass Road to the California-Oregon state line; east along the California-Oregon state line to Interstate 5.
(B) Season: The seasons for the B Zone shall be those specified for the areas described as B-1, B-2, B-3, B-4, B-5 and B-6 (see subsections 360(a)(2)(B)1-6).
1. Zone B-1.
The season in Zone B-1 shall open on the third Saturday in September and extend for 37 consecutive days.
2. Zone B-2.
The season in Zone B-2 shall open on the third Saturday in September and extend for 37 consecutive days.
3. Zone B-3.
The season in Zone B-3 shall open on the third Saturday in September and extend for 37 consecutive days.
4. Zone B-4.
The season in Zone B-4 shall open on the fourth Saturday in August and extend for 37 consecutive days.
5. Zone B-5.
The season in Zone B-5 shall open on the third Saturday in September and extend for 37 consecutive days.
6. Zone B-6.
The season in Zone B-6 shall open on the third Saturday in September and extend for 30 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 35,000. Zone B tags are valid in Zones B-1, B-2, B-3, B-4, B-5 and B-6
(3) Zone C.
(A) Area: Shall include all of Zones C-1, C-2, C-3, and C-4 (see subsections 360(a)(3)(A)1. through 4.).
1. Zone C-1.
In that portion of Siskiyou County within a line beginning at the California-Oregon state line and its intersection with Interstate 5; south on Interstate 5 to Highway 97 at Weed; north and east on Highway 97 to the intersection with the California-Oregon state line; west on the California-Oregon state line to the point of beginning.
2. Zone C-2.
In those portions of Shasta and Siskiyou counties within a line beginning at the junction of Interstate 5 and Highway 89 south of the town of Mt. Shasta; east and south on Highway 89 to the Pit River at Lake Britton; west and south along the Pit River to Interstate 5 at Shasta Lake; north on Interstate 5 to the point of beginning.
3. Zone C-3.
In that portion of Shasta County within a line beginning at the intersection of Cottonwood Creek and Interstate 5 at Cottonwood; north on Interstate 5 to the Pit River at Shasta Lake; east and north on the Pit River to Highway 89 at Lake Britton; south on Highway 89 to Highway 44 at Old Station; south and west on Highway 44 to the North Fork of Battle Creek; southwest on the North Fork of Battle Creek to Battle Creek; west on Battle Creek to the Sacramento River; north on the Sacramento River to the mouth of Cottonwood Creek; west on Cottonwood Creek to the point of beginning.
4. Zone C-4.
In those portions of Butte, Glenn, Lassen, Plumas, Shasta, and Tehama counties within a line beginning at the junction of Interstate 5 and Cottonwood Creek at Cottonwood; east on Cottonwood Creek to the Sacramento River; south on the Sacramento River to Battle Creek; east on Battle Creek to the North Fork of Battle Creek; northeast on the North Fork of Battle Creek to Highway 44; east on Highway 44 to Highway 89 at the north entrance of Lassen Volcanic National Park; north and east on Highway 89 and 44 to the junction of Highway 44 at Old Station; south and east on Highway 44 to Highway 36 west of Susanville; west on Highway 36 to Highway 147 near Westwood; south on Highway 147 to Highway 89; south on Highway 89 to Highway 70; southwest on Highway 70 to Highway 162 at Oroville; west on Highway 162 to Interstate 5; north on Interstate 5 to Cottonwood Creek to the point of beginning.
(B) Season: The seasons for the C Zone shall be those specified for the areas described as C-1, C-2, C-3, and C-4 (see subsections 360(a)(3)(B)1. through 4.).
1. Zone C-1.
The season in Zone C-1 shall open on the third Saturday in September and extend for 30 consecutive days.
2. Zone C-2.
The season in Zone C-2 shall open on the third Saturday in September and extend for 37 consecutive days.
3. Zone C-3.
The season in Zone C-3 shall open on the third Saturday in September and extend for 37 consecutive days.
4. Zone C-4.
The season in Zone C-4 shall open on the third Saturday in September and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 8,150. Zone C tags are valid in Zones C-1, C-2, C-3, and C-4 during the general season only as described above in subsections 360(a)(3)(B)1. through 4.
(4) Zone D-3-5.
(A) Area: Shall include all of zones D-3, D-4, and D-5 (see subsections 360(a)(4)(A)1. through 3.).
1. Zone D-3.
In those portions of Butte, Colusa, Glenn, Nevada, Placer, Plumas, Sierra, Sutter and Yuba counties within a line beginning at the junction of Interstate 5 and Highway 162 at Willows; east on Highway 162 to Highway 70 at Oroville; northeast on Highway 70 to Highway 89; south on Highway 89 to the new Gold Lake Road (near Graeagle); south on the new Gold Lake Road to Highway 49 at Bassetts; east on Highway 49 to Yuba Pass; south on the Yuba Pass-Webber Lake Road (main haul road) through Bonta Saddle to the Jackson Meadows Highway (Fiberboard Road); west on the Jackson Meadows Highway for two miles to the White Rock Lake Road; south on the White Rock Lake Road to the new road to White Rock Lake (below Bear Valley); south and east on the new White Rock Lake Road to the Pacific Crest Trail (one mile west of White Rock Lake in section 21, T18N, R14E, M.D.B.M.); south and east on the Pacific Crest Trail to Interstate 80 near the Castle Peak-Boreal Ridge Summit; west on Interstate 80 to Highway 20; west on Highway 20 to the Bear River in Bear Valley; west along the Bear River to Highway 65 near Wheatland; north on Highway 65 to Highway 70; north on Highway 70 to Highway 20 in Marysville; west on Highway 20 to Interstate 5 at Williams; north on Interstate 5 to the point of beginning.
2. Zone D-4.
In those portions of Colusa, Nevada, Placer, Sacramento, Sutter, Yolo and Yuba counties within a line beginning at the junction of Interstate 5 and Highway 20 at Williams; east on Highway 20 to Highway 70 in Marysville; south on Highway 70 to Highway 65; south on Highway 65 to the Bear River (south of Wheatland); east along the Bear River to Highway 20; east on Highway 20 to Interstate 80; east on Interstate 80 to the Pacific Crest Trail near the Castle Peak-Boreal Ridge Summit; south on the Pacific Crest Trail to Forest Route 03 at Barker Pass; east and north along Forest Route 03 to Blackwood Canyon Road; east along Blackwood Canyon Road to Highway 89 at Lake Tahoe near Idlewild; south on Highway 89 to Blackwood Creek; east on Blackwood Creek to the Lake Tahoe shoreline; south along the shore of Lake Tahoe to the mouth of Miller Creek and the common boundary between the Eldorado and Tahoe National Forests; west along Miller Creek to the Rubicon River; west along the Rubicon River through Hell Hole Reservoir to the Middle Fork of the American River; west along the Middle Fork of the American River to the American River; west along the American River to Interstate 5; north on Interstate 5 to the point of beginning.
3. Zone D-5.
In the counties of Amador and Calaveras and those portions of Alpine, El Dorado, Placer, Sacramento, San Joaquin, Stanislaus and Tuolumne counties within a line beginning at the junction of Interstate 5 and the American River in Sacramento; east along the American River to the Middle Fork of the American River; northeast along the Middle Fork of the American River to the Rubicon River; east along the Rubicon River through Hell Hole Reservoir to its confluence with Miller Creek; east along Miller Creek to its junction with the new (marked) USFS Pacific Crest Trail; north on the Pacific Crest Trail one-quarter mile to a junction with the McKinney-Rubicon Springs Road (Miller Lake Road); east along the McKinney-Rubicon Springs Road to McKinney Creek (NE 1/4, section 23, T14N, R16E, M.D.B.M.); east along McKinney Creek to the west shoreline of Lake Tahoe near Chambers Lodge; south along the shore of Lake Tahoe to the California-Nevada state line; southeast along the California-Nevada state line to Highway 50; southwest on Highway 50 to the Pacific Crest Trail at Echo Summit; south along the Pacific Crest Trail to the township line between Townships 7 and 8 North near Wolf Creek Pass; due west on that township line to the road connecting Lower and Upper Highland Lakes at Lower Highland Lake; west along that road to Highland Creek; southwest along Highland Creek to the North Fork of the Stanislaus River; west along the North Fork of the Stanislaus River to the Stanislaus River; west along the Stanislaus River to Highway 99; north along Highway 99 to Interstate 80; west on Interstate 80 to Interstate 5; north on Interstate 5 to the point of beginning.
(B) Season: The season for zones for D-3 through D-5 shall open on the fourth Saturday in September and extend for 37 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 33,000. The Zone D-3-5 tag is valid in zones D-3, D-4, and D-5.
(5) Zone D-6.
(A) Area: In those portions of Alpine, Madera, Mariposa, Merced, Stanislaus and Tuolumne counties within a line beginning at the intersection of Highway 99 and the Stanislaus River at Ripon; east along the Stanislaus River and following the North Fork of the Stanislaus River to Highland Creek; east up Highland Creek to the road connecting Lower and Upper Highland Lakes at Upper Highland Lake; east along that road to the township line between Townships 7 and 8 North; east on that township line to the Sierra crest near Wolf Creek Pass; south along the Sierra crest to the Yosemite National Park boundary near Rodger Peak; along the eastern Yosemite National Park boundary to Highway 41; south along Highway 41 to the Madera-Mariposa county line south of Westfall Station; along the Madera-Mariposa and the Madera-Merced county lines to Highway 99; north along Highway 99 to the point of beginning.
(B) Season: The season in Zone D-6 shall open on the third Saturday in September and extend for 44 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 10,000.
(6) Zone D-7.
(A) Area: In those portions of Fresno, Madera, Mariposa and Tulare counties within a line beginning at the intersection of Highway 99 and the Madera-Merced county line; northeast along the Madera-Merced and Madera-Mariposa county lines to Highway 41 south of Westfall Station; north along Highway 41 to Yosemite National Park boundary; east along the park boundary to the Mono-Madera county line near Rodger Peak; south along the Inyo National Forest boundary (crest of the Ritter Range) to the junction of the Inyo National Forest boundary and Ashley Creek; east to Ashley Lake; northeast along Ashley Creek to the junction of King Creek; southeast along King Creek to its junction with the middle fork of the San Joaquin River; south and west along the middle fork of the San Joaquin River to the junction of the Inyo National Forest boundary; east along Fish Creek to its confluence with Deer Creek; north and east along Deer Creek to the upper crossing of the Deer Creek trail; north and east along the Deer Creek trail to the Inyo National Forest Boundary (the Sierra Crest); south along the Sierra crest and the Inyo National Forest boundary to Bishop Pass; west along the Dusy Basin Trail to the Middle Fork of the Kings River; southwest and downstream along the Middle Fork of the Kings River to the junction of the Middle Fork and South Fork of the Kings River; southwest along the Kings River through Pine Flat Reservoir, Piedra and Reedley to Highway 99; north along Highway 99 to the point of beginning.
(B) Season: The season in Zone D-7 shall open on the third Saturday in September and extend for 44 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 9,000.
(7) Zone D-8.
(A) Area: In those portions of Fresno, Kern and Tulare counties within a line beginning at the intersection of Highway 99 and the Kings River; upstream and northeast along the Kings River through Reedley, Piedra and Pine Flat Reservoir to the junction of the Middle and South Forks of the Kings River; northeast along the Middle Fork Kings River to the Dusy Basin Trail; east along this trail to the Kings Canyon National Park boundary at Bishop Pass; south along the Kings Canyon and Sequoia National Park boundaries to the Main Kern River; southeast along the Main Kern River and the common boundary between the Inyo and Sequoia National Forests to the end of the Chimney Meadow-Blackrock Station Road (Forest Road 21S03) near Blackrock Mountain; southeast along the Chimney Meadow-Blackrock Station Road through Troy Meadows to the South Fork of the Kern River; south along the South Fork of the Kern River to the Doyle Ranch Road; south along the Doyle Ranch Road to Highway 178 in the town of Onyx; southwest along Highway 178 to Highway 99 at Bakersfield; north along Highway 99 to the point of beginning.
(B) Season: The season in Zone D-8 shall open on the fourth Saturday in September and extend for 30 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 8,000.
(8) Zone D-9.
(A) Area: In that portion of Kern County within a line beginning at the intersection of Highways 99 and 178; northeast along Highway 178 along Lake Isabella and through Walker Pass to Highway 14; southwest along Highway 14 to Highway 58; northwest along Highway 58 to Highway 99; north along Highway 99 to the point of beginning.
(B) Season: The season in Zone D-9 shall open on the fourth Saturday in September and extend for 30 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 2,000.
(9) Zone D-10.
(A) Area: In those portions of Kern and Los Angeles counties within a line beginning at the intersection of Highways 99 and 58; southeast along Highway 58 to Highway 14; south along Highway 14 to Highway 138; west along Highway 138 to Interstate 5; north on Interstate 5 to Highway 99; north on Highway 99 to the point of beginning.
(B) Season: The season in Zone D-10 shall open on the fourth Saturday in September and extend for 30 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 700.
(10) Zone D-11.
(A) Area: Those portions of Los Angeles and San Bernardino counties, within a line beginning at the intersection of Interstate 5 and Highway 138, south of Gorman; east on Highway 138 to Highway 14; south on Highway 14 to Palmdale and Highway 138; east on Highways 138 and 18 to Interstate 15; south on interstates 15 and 15E to Interstate 10; west on Interstate 10 to Interstate 405; north on Interstates 405 and 5 to the point of beginning.
(B) Season: The season in Zone D-11 shall open on the second Saturday in October and extend for 30 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 5,500.
(E) Special Conditions: Hunters that possess a D-11 deer tag may also hunt in zones D-13 and D-15 as described in subsections 360(a)(12)(A), (B) and (C), and subsections 360(a)(14)(A), (B) and (C).
(11) Zone D-12.
(A) Area: Those portions of Imperial, Riverside and San Bernardino counties within a line beginning at Highway 62 and the Twentynine Palms-Amboy Road in Twentynine Palms; east along Highway 62 to Highway 95 at Vidal Junction; north on Highway 95 to Interstate 40; east on Interstate 40 to the California-Arizona state line; south along this state line to the U.S.-Mexican border; west along the U.S.-Mexican border to Highway 111 in Calexico; north on Highway 111 to Interstate 10; north and west on Interstate 10 to Highway 62; north and east on Highway 62 to the point of beginning.
(B) Season: The season in Zone D-12 shall open on the first Saturday in November and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 950.
(12) Zone D-13.
(A) Area: In those portions of Kern, Los Angeles, San Luis Obispo, Santa Barbara, and Ventura counties within a line beginning at the intersection of Highways 99 and 166 at Mettler; south on Highway 99 and Interstate 5 to Highway 126; west on Highway 126 to the crossing of Sespe Creek; north and then west along Sespe Creek to Highway 33; north on Highway 33 to Highway 166; north and east on Highway 166 to the point of beginning.
(B) Season: The season in Zone D-13 shall open on the second Saturday in October and extend for 30 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 4,000.
(E) Special Conditions: Hunters that possess a D-13 deer tag may also hunt in zones D-11 and D-15 as described in subsections 360(a)(10)(A), (B) and (C), and subsections 360(a)(14)(A), (B) and (C).
(13) Zone D-14.
(A) Area: In those portions of Riverside and San Bernardino counties within a line beginning at the junction of Interstates 10 and 15E; northwest on Interstates 15E and 15 through Cajon Pass to Bear Valley Cutoff Road; east on Bear Valley Cutoff Road to Highway 18; east along Highway 18 to Highway 247; southeast on Highway 247 to Highway 62; southwest on Highway 62 to Interstate 10; west on Interstate 10 to the point of beginning.
(B) Seasons: The season in Zone D-14 shall open on the second Saturday in October and extend for 30 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 3,000.
(14) Zone D-15.
(A) Area: Including Santa Catalina Island, those portions of Los Angeles, Orange, Riverside, San Bernardino and San Diego counties within a line beginning at the Pacific Ocean and Interstate 10 in Santa Monica; east on Interstate 10 to Highway 79 at Beaumont; south on Highway 79 to Hemet; south on County Road R-3 through Sage to Highway 79; west on Highway 79 to Interstate 15; south on Interstate 15 to Highway 76; west on Highway 76 to the Pacific Ocean; north along the shoreline to the point of beginning.
(B) Season: The season in Zone D-15 shall open on the second Saturday in October and extend for 30 consecutive days.
(C) Bag and Possession Limit: one buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 1,500.
(E) Special Conditions: Hunters that possess a D-15 deer tag may also hunt in zones D-11 and D-13 as described in subsections 360(a)(10)(A), (B) and (C), and subsections 360(a)(12)(A), (B) and (C).
(15) Zone D-16.
(A) Area: Those portions of Imperial, Riverside and San Diego counties within the line beginning at the Pacific Ocean and Highway 76; east on Highway 76 to Interstate 15; north on Interstate 15 to Highway 79; east on Highway 79 to the San Diego-Riverside county line; east along the San Diego-Riverside county line to the Anza-Borrego State Park boundary; south along the Anza-Borrego State Park boundary to Highway 78; east on Highway 78 to Highway 111; south on Highway 111 to the U.S.-Mexican border; west along the U.S.-Mexican border to the Pacific Ocean; north along the shoreline to the point of beginning.
(B) Season: The season in Zone D-16 shall open on the fourth Saturday in October and extend for 30 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better per tag.
(D) Number of Tags: 3,000.
(16) Zone D-17.
(A) Area: Those portions of Inyo, Kern, Los Angeles and San Bernardino counties within a line beginning at Highway 395 and the Kern-Inyo county line; east along the Kern-Inyo county line to the San Bernardino-Inyo county line; east along the San Bernardino-Inyo county line to Highway 127; north along Highway 127 to the California-Nevada state line; south along the California-Nevada state line to the California-Arizona state line; south along the California-Arizona state line to Interstate 40; Interstate 40 north to Needles; Highway 95 south to Highway 62; west on Highway 62 to Highway 247; northwest on Highway 247 to Highway 18; west on Highway 18 to Bear Valley Cutoff Road; west on Bear Valley Cutoff Road to Interstate 15; north on Interstate 15 to Highway 18; west on Highways 18 and 138 to Highway 14; north on Highways 14 and 395 to the point of beginning.
(B) Season: The season in Zone D-17 shall open on the second Saturday in October and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better per tag.
(D) Number of Tags: 500.
(17) Zone D-19.
(A) Area: Those portions of Imperial, Riverside and San Diego counties within a line beginning at the junction of Interstate 10 and Highway 79; south on Highway 79 to Hemet; south on County Road R-3 to Highway 79; south on Highway 79 to the Riverside-San Diego county line; east on the Riverside-San Diego county line to the Anza-Borrego State Park boundary; south on the Anza-Borrego State Park boundary to Highway 78; east on Highway 78 to Highway 111; north on Highway 111 to the junction of Interstate 10 in Indio; west on Interstate 10 to the point of beginning.
(B) Season: The season in D-19 shall open the first Saturday in October and extend for 30 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 1,500.
(b) X-Zone Hunts.
(1) Zone X-1.
(A) Area: In those portions of Lassen, Modoc, Shasta and Siskiyou counties within a line beginning at the California-Oregon state line and its intersection with Highway 139; south on Highway 139 to the Lookout-Hackamore Road; south on the Lookout-Hackamore Road to Highway 299; west on Highway 299 to the Pit River near Bieber; south and west on the Pit River to Highway 89 at Lake Britton; northwest on Highway 89 to Interstate 5 at Mt. Shasta; north on Interstate 5 to the junction of Highway 97 at Weed; north and east on Highway 97 to the California-Oregon state line; east on the California-Oregon state line to the point of beginning.
(B) Season: The season in Zone X-1 shall open on the first Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 1,275.
(2) Zone X-2.
(A) Area: In those portions of Modoc and Siskiyou counties within a line beginning at the intersection of Highway 139 and the California-Oregon state line near Tulelake; east along the California-Oregon state line to the eastern shoreline of Goose Lake; southwest along the eastern shoreline of Goose Lake to Westside Road (Modoc County 48); southeast along the Westside Road to Highway 395 in Davis Creek; south along Highway 395 to Highway 299 in Alturas; west along Highway 299 to Highway 139 near Canby; northwest along Highway 139 to the Oregon-California state line and the point of beginning.
(B) Season: The season in Zone X-2 shall open on the first Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 180.
(3) Zone X-3a.
(A) Area: In those portions of Lassen and Modoc counties within a line beginning at the intersection of the Lookout-Hackamore Road and Highway 139; southeast on Highway 139 to Highway 299; east on Highway 299 to Highway 395 in Alturas; south on Highway 395 to the Termo-Grasshopper Road (Lassen County 513); west on the Termo-Grasshopper Road to Highway 139; south on Highway 139 to the Cleghorn Road (Lassen County 521); west and north on the Cleghorn Road to Lassen County Road 519 near Coulthurst Flat; west on Lassen County Road 519 to U.S. Forest Service Designated Through Route 22 near Gooch Mountain; west and north on U.S. Forest Service Designated Through Route 22 to the Little Valley Road (Lassen County 404); north on the Little Valley Road to the Western Pacific Railroad; northeast on the Western Pacific Railroad to Horse Creek; northwest on Horse Creek to the Pit River; north on the Pit River to Highway 299 at Bieber; northeast on Highway 299 to the Bieber-Lookout-Hackamore Road; north along the Bieber-Lookout-Hackamore Road to the point of beginning.
(B) Season: The season in Zone X-3a shall open on the first Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 280.
(4) Zone X-3b.
(A) Area: In those portions of Lassen and Modoc counties within a line beginning at the east shoreline of Goose Lake and the California-Oregon state line; east along this state line to the California-Nevada state line; south along the California-Nevada state line to the Clarks Valley-Red Rock-Tuledad Road (Lassen County Roads 512, 510 and 506); west along the Tuledad Red Rock-Clarks Valley Road to Highway 395 at Madeline; north on Highway 395 to Westside Road (Modoc County 48) in Davis Creek; west and north along Westside Road to the south shoreline of Goose Lake; east and north along the south and east shoreline of Goose Lake to the point of beginning.
(B) Season: The season in Zone X-3b shall open on the first Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 935.
(5) Zone X-4.
(A) Area: In those portions of Lassen and Shasta counties within a line beginning at the junction of Highways 89 and 44 at Old Station; north on Highway 89 to the intersection with the Pit River at Lake Britton; east and south on the Pit River to Horse Creek; southeast on Horse Creek to the Burlington Northern Railroad; southwest on the Burlington Northern Railroad to the Little Valley Road (Lassen County 404); south on the Little Valley Road to U.S. Forest Service Designated Through Route 22; south and east on U.S. Forest Service Designated Through Route 22 to Lassen County 519 near Gooch Mountain; east on Lassen County 519 to Cleghorn Road (Lassen County 521) near Coulthurst Flat; east on Cleghorn Road to Highway 139; south on Highway 139 to its crossing of Willow Creek in the Willow Creek Valley; south (downstream) on Willow Creek to its crossing of Conservation Center Road (Lassen County A-27); west on Conservation Center Road to Highway 36; northwest on Highway 36 to the intersection with Highway 44; north and west on Highway 44 to the point of beginning.
(B) Season: The season in Zone X-4 shall open on the first Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 355.
(6) Zone X-5a.
(A) Area: In that portion of Lassen County within a line beginning at the junction of Highway 395 and Conservation Center Road (Lassen County A-27) in the town of Litchfield; west on Conservation Center Road to its crossing of Willow Creek; northwest (upstream) on Willow Creek to its crossing of Highway 139 in the Willow Creek Valley; north along Highway 139 to the Termo-Grasshopper Road; east on the Termo-Grasshopper Road to Highway 395; south along Highway 395 to the point of beginning.
(B) Season:
The season in Zone X-5a shall open on the first Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 60.
(7) Zone X-5b.
(A) Area: That portion of Lassen County lying within the following line: Beginning at the junction of Highway 395 and the Clarks Valley-Red Rock-Tuledad Road (Lassen County Roads 506, 510 and 512); east on the Clarks Valley-Red Rock-Tuledad Road to the California-Nevada state line; south on the California-Nevada state line to the Pyramid Lake Road (Lassen County 320); west on the Pyramid Lake Road to Highway 395; north on Highway 395 to the point of beginning.
(B) Season:
The season in Zone X-5b shall open on the first Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 140.
(8) Zone X-6a.
(A) Area: In those portions of Lassen and Plumas counties within a line beginning at the junction of Highway 147 and Highway 36 near Westwood; east on Highway 36 to Conservation Center Road at Susanville (County Road A-27); east on Conservation Center Road to Highway 395 at the town of Litchfield; east on Highway 395 to the Wendel-Pyramid Lake Road (County Road 320); east on the Wendel-Pyramid Lake Road to the Nevada-California state line; south on the Nevada-California state line to the UP-WP railroad line near Herlong; west on the UP-WP railroad line to the Herlong Access Road (County Road A- 25) at Herlong; west on the Herlong Access Road to Highway 395; north on Highway 395 to County Road 336 at Milford; southwest on County Road 336 to U.S. Forest Service Road 26N16 near the Plumas-Lassen county line; west on Forest Service Road 26N16 to Forest Service Road 28N03 at Doyle Crossing; west on Forest Services Road 28N03 to Forest Service Road 29N43 near Antelope Lake; south on Forest Service Road 29N43 to County Road 111 at Flournoy Bridge; south on County Road 111 to Forest Service Road 24N08; south on Forest Service Road 24N08 to County Road 112 at Lake Davis; south on County Road 112 to Highway 70; west on Highway 70 to the Highway 89 junction at Blairsden; west on Highway 89/70 to the Greenville Y west of Quincy; northwest on Highway 89 to Highway 147 at Canyon Dam; north on Highway 147 to the point of beginning.
(B) Seasons: The season in Zone X-6a shall open on the first Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 325.
(9) Zone X-6b.
(A) Area: In those portions of Lassen and Plumas counties within a line beginning at the junction of County Road 336 and Highway 395 at Milford; south on Highway 395 to the junction of Highway 395 and the Herlong Access Road (County Road A-25); east on the Herlong Access Road to its junction with the UP-WP railroad line at Herlong; east on the UP-WP railroad line to the Nevada-California state line; south on the Nevada-California state line to the junction of the Nevada-California state line and Highway 395 at Bordertown; northwest on Highway 395 to its junction at Highway 70; west on Highway 70 to its junction with County Road 112; north on County Road 112 to its junction with U.S. Forest Service Road 24N08 at Lake Davis; north on Forest Service Road 24N08 to its junction with County Road 111; northwest on County Road 111 to its junction with Forest Service Road 29N43 at Flournoy Bridge; north on Forest Service Road 29N43 to Forest Service Road 28N03 near Antelope Lake; southeast on Forest Service Road 28N03 to Forest Service Road 26N16 at Doyle Crossing; east on Forest Service Road 26N16 to County Road 336 near the Plumas-Lassen county line; north on County Road 336 to the point of beginning.
(B) Season: The season in Zone X-6b shall open on the first Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 315.
(10) Zone X-7a.
(A) Area: In those portions of Lassen, Nevada, Plumas and Sierra counties lying within a line beginning at the junction of Highway 395 and the California-Nevada state line at Bordertown; south along the Long Valley Road (County Road S570) to its intersection with the Henness Pass Road (County Road S860); west on Henness Pass Road over Summit 2 to the intersection with County Road S450 (near Davies Creek at Stampede Reservoir); west on County Road S450 (the Henness Pass Road) through Kyburz Flat to its intersection with Highway 89; south on Highway 89 to its intersection with Interstate 80 at Truckee; west on Interstate 80 to the Pacific Crest Trail near the Castle Peak-Boreal Ridge Summit; north on the Pacific Crest Trail to the new road to White Rock Lake (one mile west of White Rock Lake in section 21, T18N, R14E, M.D.B.M.); north on the new White Rock Lake Road below Bear Valley to the White Rock Lake Road; north on the White Rock Lake Road to the Jackson Meadows Highway (Fiberboard Road); east two miles on the Jackson Meadows Highway to the Yuba Pass Road at Webber Lake; north on the Yuba Pass Road (main haul road) through Bonta Saddle to Highway 49 at Yuba Pass; west on Highway 49 to the new Gold Lake Road at Bassetts; north on the new Gold Lake Road to Highway 89 near Graeagle; north on Highway 89 to Highway 70; east on Highway 70 to Highway 395 at Hallelujah Junction; south on Highway 395 to the point of beginning.
(B) Season: The season in Zone X-7a shall open on the first Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 230.
(11) Zone X-7b.
(A) Area: In those portions of Nevada, Placer and Sierra counties lying within a line beginning at the junction of Highway 395 and the California-Nevada state line at Bordertown; south along the California-Nevada state line to the shore of Lake Tahoe; west and south along the shore of Lake Tahoe to the mouth of Blackwood Creek near Idlewild; west on Blackwood Creek to Highway 89; north on Highway 89 to Blackwood Canyon Road; Blackwood Canyon Road near Idlewild; west along Blackwood Canyon Road to Forest Route 03; west and south along Forest Route 03 to the Pacific Crest Trail at Barker Pass; north on the Pacific Crest Trail to its intersection with Interstate 80 near the Castle Peak-Boreal Ridge Summit; east on Interstate 80 to its intersection with Highway 89 at Truckee; north on Highway 89 to County Road S450 (the Henness Pass Road, a.k.a. the Kyburz Flat Road); east on County Road S450 to its intersection with County Road S860 (continuation of Henness Pass Road) near Davies Creek at Stampede Reservoir; east on County Road S860, over Summit 2 to the junction with County Road S570 (the Long Valley Road); north on County Road S570 to Bordertown at the point of beginning.
(B) Season: The season in Zone X-7b shall open on the first Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 140.
(12) Zone X-8.
(A) Area: In those portions of Alpine and El Dorado counties within a line beginning at the junction of the California-Nevada state line and Highway 50; southeast along the California-Nevada state line to the Indian Springs Road, south to the Alpine-Mono County line; south along the Alpine-Mono county line to the Sierra crest; northwest along the Sierra crest to the intersection with the Pacific Crest Trail near Wolf Creek Pass; northwest along the Pacific Crest Trail to Highway 50 at Echo Summit; northeast on Highway 50 to the point of beginning.
(B) Season: The season in Zone X-8 shall open on the fourth Saturday in September and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 240.
(13) Zone X-9a.
(A) Area: In those portions of Fresno, Inyo, Madera and Mono counties within a line beginning at the intersection of Highway 6 and the California-Nevada state line; south along Highway 6 to its junction with Highway 395; south along Highway 395 to its junction with Highway 168; west and south along Highway 168 to the North Lake Road turnoff; west along the North Lake Road and the Piute Pass Trail to the Sierra Crest (Inyo National Forest Boundary); north along the Inyo National Forest Boundary to the Deer Creek Trail; south and west along the Deer Creek Trail to the upper crossing of Deer Creek; west and south along Deer Creek to its confluence with Fish Creek; west along Fish Creek to its confluence with the middle fork of the San Joaquin River; north along the middle fork of the San Joaquin River to the junction of King Creek; west along King Creek to the junction of Ashley Creek; west along Ashley Creek to Ashley Lake; continue west along Ashley Creek to the junction of the Inyo National Forest boundary; north along the Inyo National Forest Boundary (the crest of the Ritter Range) to the Mono-Madera county line; north along the Mono-Madera county line to Mono-Tuolumne county line; north on the Mono-Tuolumne county line to the Virginia Lakes Trail (Entry Trail D-11); east along Virginia Lakes Trail to Virginia Lakes Road; east along Virginia Lakes Road to Highway 395; south along Highway 395 to Highway 167; east on Highway 167 to the California-Nevada state line; southeast on the California-Nevada state line to the point of beginning.
(B) Season: The season in Zone X-9a shall open on the third Saturday in September and extend for 24 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 650.
(14) Zone X-9b.
(A) Area: That portion of Inyo County within a line beginning at the intersection of Highway 395 and Cottonwood Creek; northwest along Cottonwood Creek to the Horseshoe Meadow Road; south along the Horseshoe Meadow Road to the Cottonwood Pass Trail; west along the Cottonwood Pass Trail through Horseshoe Meadow to the Inyo-Tulare county line at Cottonwood Pass; north on the Inyo-Tulare and the Inyo-Fresno county lines to the Piute Pass Trail; east along the Piute Pass Trail to the North Lake Road; east and south on the North Lake Road to Highway 168; north and east on Highway 168 to Highway 395; south on Highway 395 to the point of beginning.
(B) Season: The season in Zone X-9b shall open on the third Saturday in September and extend for 24 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 325.
(15) Zone X-9c.
(A) Area: In those portions of Inyo and Mono counties within a line beginning at Highway 395 and the Kern-Inyo county line; north along Highway 395 to Highway 6; north on Highway 6 to the California-Nevada state line; southeast along the California-Nevada state line to Highway 127; south along Highway 127 to the Inyo-San Bernardino county line; west along the Inyo-San Bernardino county line to the Kern-Inyo county line; west along the Kern-Inyo county line to the point of beginning.
(B) Season: The season in Zone X-9c shall open on the third Saturday in October and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 325.
(16) Zone X-10.
(A) Area: In those portions of Kern, Tulare and Inyo counties within a line beginning at the intersection of Highway 178 and the Doyle Ranch Road in the town of Onyx; north along the Doyle Ranch Road to the South Fork of the Kern River; north along the South Fork of the Kern River to the Chimney Meadow-Blackrock Station Road (Forest Road 21S03); northwest along the Chimney Meadow-Blackrock Station Road through Troy Meadows to the road's end at the Inyo and Sequoia National Forest boundary near Blackrock Mountain; northwest along the Inyo and Sequoia National Forest boundary to the main Kern River; northwest along the main Kern River to the Sequoia National Park boundary; northeast along the Sequoia National Park boundary to the Inyo-Tulare county line; southeast along the Inyo-Tulare county line to the Cottonwood Pass Trail at Cottonwood Pass; east along the Cottonwood Pass Trail through Horseshoe Meadow to the Horseshoe Meadow Road; north along the Horseshoe Meadow Road to Cottonwood Creek; southeast along Cottonwood Creek to Highway 395; south along Highway 395 to Highway 14; south along Highway 14 to Highway 178; north and west along Highway 178 to the point of beginning.
(B) Season:
The season in Zone X-10 shall open on the last Saturday in September and extend for 16 consecutive days.
(C) Bag and Possession Limit:
One buck, forked horn (See subsection 351(a)) or better, per tag.
(D) Number of Tags: 400.
(17) Zone X-12.
(A) Area: That portion of Mono County within a line beginning at the junction of the California-Nevada state line and Highway 167 (Pole Line Road); west on Highway 167 to Highway 395; north on Highway 395 to Virginia Lakes Road; west on Virginia Lakes Road to the Virginia Lakes Trail (Entry Trail D11); northwest on the Virginia Lakes Trail to the Mono-Tuolumne county line; north along the Mono-Tuolumne county line to the Mono-Alpine county line; northeast along the Mono-Alpine county line to Indian Springs Road; northeast on Indian Springs Road to the California-Nevada state line; southeast on the California-Nevada state line to the point of beginning.
(B) Season: The season in Zone X-12 shall open on the third Saturday in September and extend for 24 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351 (a)) or better, per tag.
(D) Number of Tags: 860.
(c) Additional Hunts.
(1) G-1 (Late Season Buck Hunt for Zone C-4).
(A) Area: Those portions of Butte, Glenn, Lassen, Plumas, Shasta, and Tehama counties within the area described as Zone C-4 (see subsection 360(a)(3)(A)4.).
(B) Season: The season for additional hunt G-1 (Late Season Buck Hunt for Zone C-4) shall open on the fourth Saturday in October and extend for 9 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 2,710.
(2) G-3 (Goodale Buck Hunt).
(A) Area: In that portion of Inyo County within a line beginning at the intersection of Highway 395 and Lone Pine Creek; west along Lone Pine Creek to the Inyo-Tulare county line; northwest along the Inyo-Tulare and Inyo-Fresno county lines to Taboose Creek; east along Taboose Creek to Highway 395; south along Highway 395 to the point of beginning.
(B) Season: The season for additional hunt G-3 (Goodale Buck Hunt) shall open on the first Saturday in December and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 35.
(3) G-6 (Kern River Deer Herd Buck Hunt).
(A) Area: In those portions of Kern and Tulare counties lying within a line beginning at the intersection of County Road 521 and County Road 495 at Kernville; south on County Road 495 to the intersection of Highway 155 at Wofford Heights; west on Highway 155 to the intersection of U.S. Forest Service Road 24S15 at Greenhorn Summit; north on U.S. Forest Service Road 24S15 to the intersection of U.S. Forest Service Road 23S16 (near Portuguese Pass); northeast on U.S. Forest Service Road 23S16 to County Road SM50; west on County Road SM50 to the intersection of the Western Divide Highway (County Road SM107); north on County Road SM107 to the junction of U.S. Forest Service Road 21S50 (near Quaking Aspen Campground); north on U.S. Forest Service Road 21S50 to the junction of U.S. Forest Service Road 20S79; northeast on U.S. Forest Service Road 20S79 to the junction of U.S. Forest Service Road 20S53; northeast on U.S. Forest Service Road 20S53 to the Golden Trout Wilderness boundary (at Lewis Camp Trail Head); east on the Golden Trout Wilderness Boundary to Rattlesnake Creek; southeast on Rattlesnake Creek to U.S. Forest Service Road 22S05; south on U.S. Forest Service Road 22S05 to the Dome Land Wilderness Boundary; southwest on the Dome Land Wilderness Boundary to the intersection of the South Fork of the Kern River; south along the South Fork of the Kern River to the intersection of County Road 521; west on County Road 521 to the point of beginning.
(B) Season: The season for additional hunt G-6 (Kern River Deer Herd Buck Hunt) shall open on the first Saturday in December and extend for 9 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 50.
(4) G-7 (Beale Either-Sex Deer Hunt).
(A) Area: That portion of Yuba County lying within the exterior boundaries of Beale Air Force Base.
(B) Season: The season for additional hunt G-7 (Beale Either-Sex Deer Hunt) shall open on the third Saturday in August and extend for 79 consecutive days, except if rescheduled by the Commanding Officer with Department concurrence between the season opener and December 31.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 20 (military only).
(E) Special Conditions: 
1. Only shotguns with single slugs or muzzleloading rifles, crossbows, and archery equipment as specified in sections 353 and 354 may be used.
2. In the event the Commanding Officer cancels the hunt, G-7 tagholders may exchange the unused tag for any remaining deer tag and have accumulated and earned preference points restored pursuant to Section 708.14.
(5) G-8 (Fort Hunter Liggett Antlerless Deer Hunt).
(A) Area: That portion of Monterey County lying within the exterior boundaries of the Hunter Liggett Military Reservation, except as restricted by the Commanding Officer.
(B) Season: The season for additional hunt G-8 (Fort Hunter Liggett Antlerless Deer Hunt) shall open on October 1 and extend for 2 consecutive days and reopen on October 8 and extend for 3 consecutive days, except if rescheduled by the Commanding Officer with Department concurrence between the season opener and December 31.
(C) Bag and Possession Limit: One antlerless deer (see subsection 351(b)) per tag.
(D) Number of Tags: 20 (10 military and 10 general public).
(E) Special Conditions: In the event the Commanding Officer cancels the hunt, G-8 tagholders may exchange the unused tag for any remaining deer tag and have accumulated and earned preference points restored pursuant to Section 708.14.
(6) G-9 (Camp Roberts Antlerless Deer Hunt).
(A) Area: That portion of San Luis Obispo County lying within the exterior boundaries of Camp Roberts, except as restricted by the Commanding Officer.
(B) Season: The season for additional hunt G-9 (Camp Roberts Antlerless Deer Hunt) shall open the last Monday in August and extend for 8 consecutive days, except if rescheduled by the Commanding Officer with Department concurrence between the season opener and December 31.
(C) Bag and Possession Limit: One antlerless deer (see subsection 351(b)) per tag.
(D) Number of Tags: 30 (15 military and 15 general public).
(E) Special Conditions: In the event the Commanding Officer cancels the hunt, G-9 tagholders may exchange the unused tag for any remaining deer tag and have accumulated and earned preference points restored pursuant to Section 708.14.
(7) G-10 (Camp Pendleton Either-Sex Deer Hunt).
(A) Area: That portion of San Diego County lying within the exterior boundaries of the U.S. Marine Corps Base, Camp Joseph Pendleton.
(B) Season: The season for additional hunt G-10 (Camp Pendleton Either-Sex Deer Hunt) shall be open on Saturdays, Sundays, holidays and the day after Thanksgiving beginning the first Saturday in September and extend through the first Sunday in December. Season dates may be subject to further restriction, or additional hunt days scheduled with concurrence from the Department, between the season opener and December 31 by the Commanding Officer due to military operations.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 400 (military only).
(E) Special Conditions: 
1. Only archery equipment is permitted during the first six weeks of the season. 
2. Hunting with firearms is permitted beginning on the seventh weekend through the end of season.
3. A permit fee and method of take registration with the Base may be required.
4. In the event the Commanding Officer cancels the hunt, G-10 tagholders may exchange the unused tag for any remaining deer tag and have accumulated and earned preference points restored pursuant to Section 708.14.
(8) G-11 (Vandenberg Either-Sex Deer Hunt).
(A) Area: That portion of Santa Barbara County lying within the exterior boundaries of Vandenberg Air Force Base.
(B) Season: The season for additional hunt G-11 (Vandenberg Either-Sex Deer Hunt) shall open on the last Monday in August and extend through December 31.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 500 (military, Department of Defense employees, and personnel authorized by the Installation Commander only).
(E) Special Conditions: In the event the Commanding Officer cancels the hunt, G-11 tagholders may exchange the unused tag for any remaining deer tag and have accumulated and earned preference points restored pursuant to Section 708.14.
(9) G-12 (Gray Lodge Shotgun Either-Sex Deer Hunt).
(A) Area: Those portions of Butte and Sutter counties within the exterior boundaries of the Gray Lodge State Wildlife Area.
(B) Season: The season for additional hunt G-12 (Gray Lodge Shotgun Either-Sex Deer Hunt) shall open on the third Saturday in September and extend for nine consecutive days.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 30.
(E) Special Conditions: Only shotguns and ammunition as specified in Section 353 may be used.
(10) G-13 (San Diego Antlerless Deer Hunt).
(A) Area: That portion of San Diego County within Zone D-16 (see subsection 360(a)(15)(A)).
(B) Season: The season for additional hunt G-13 (San Diego Antlerless Deer Hunt) shall open on the fourth Saturday in October and extend for 23 consecutive days.
(C) Bag and Possession Limit: One antlerless deer (see subsection 351(b)) per tag.
(D) Number of Tags: 300.
(11) G-19 (Sutter-Yuba Wildlife Areas Either-Sex Deer Hunt).
(A) Area: Those portions of Yuba and Sutter counties within the exterior boundaries of: (1) the Feather River Wildlife Area, and (2) the Sutter Bypass Wildlife Area (as defined in Section 550, Title 14, CCR).
(B) Season: The season for additional hunt G-19 (Sutter-Yuba Wildlife Areas Either-Sex Deer Hunt) shall open on the fourth Saturday in September and extend through December 31.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 25.
(E) Special Conditions: Only archery equipment and crossbows (as specified in Section 354) and shotguns and ammunition (as specified in Section 353) may be used.
(12) G-21 (Ventana Wilderness Buck Hunt).
(A) Area: That portion of Monterey County and the Los Padres National Forest within the exterior boundaries of the Ventana Wilderness Area.
(B) Season: The season for additional hunt G-21 (Ventana Wilderness Buck Hunt) shall open on the second Saturday in November and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 25.
(13) G-37 (Anderson Flat Buck Hunt).
(A) Area: In that portion of hunt Zone D-6 in Mariposa and Tuolumne counties lying within a line beginning at the intersection of Highway 140 and Bull Creek Road at Briceburg; north on Bull Creek Road (U.S. Forest Service Road 2S05) to Greeley Hill Road; west on Greeley Hill Road to Smith Station Road (County Route J20); north on Smith Station Road to Highway 120 (near Burch Meadow); east on Highway 120 to the Yosemite National Park Boundary (near Big Oak-Flat Ranger Station); southeast along the Yosemite National Park Boundary to Highway 140; west on Highway 140 to the Yosemite National Park Boundary; northwest along the Yosemite National Park Boundary to Highway 140 (at Redbud Campground); west on Highway 140 to the point of beginning.
(B) Season: The season for additional hunt G-37 (Anderson Flat Buck Hunt) shall open on the fourth Saturday in November and extend for nine consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 25.
(14) G-38 (X-10 Late Season Buck Hunt).
(A) Area: In those portions of Kern, Tulare, and Inyo counties within a line beginning at the intersection of Highway 178 and the Doyle Ranch Road in the town of Onyx; north along the Doyle Ranch Road to the South Fork of the Kern River; north along the South Fork of the Kern River to the Chimney Meadow-Blackrock Station Road (Forest Road 21S03); northwest along the Chimney Meadow-Blackrock Station Road through Troy Meadows to the road's end at the Inyo and Sequoia National Forest boundary near Blackrock Mountain; northwest along the Inyo and Sequoia National Forest boundary to the main Kern River; northwest along the main Kern River to the Sequoia National Park boundary; northeast along the Sequoia National Park boundary to the Inyo-Tulare county line; southeast along the Inyo-Tulare county line to the Cottonwood Pass Trail at Cottonwood Pass; east along the Cottonwood Pass Trail through Horseshoe Meadow to the Horseshoe Meadow Road; north along the Horseshoe Meadow Road to Cottonwood Creek; southeast along Cottonwood Creek to Highway 395; south along Highway 395 to Highway 14; south along Highway 14 to Highway 178; north and west along Highway 178 to the point of beginning.
(B) Season: The season for additional hunt G-38 (X-10 Late Season Buck Hunt) shall open on the third Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 300.
(15) G-39 (Round Valley Late Season Buck Hunt).
(A) Area: In that portion of Inyo and Mono counties within a line beginning at the intersection of U.S. Highway 395 and California Highway 168; west and south along Highway 168 to the North Lake Road turnoff; west along the North Lake Road and the Piute Pass Trail to the Inyo-Fresno county line; north along the Inyo-Fresno county line to the Mono-Fresno county line; north along the Mono-Fresno and Mono-Madera county lines to the junction of the Mono-Madera county line and California Highway 203 at Minaret Summit; southeast along Highway 203 to its junction with Highway 395; south along Highway 395 to the point of beginning.
(B) Season: The season for additional hunt G-39 (Round Valley Late Season Buck Hunt) shall open on the fourth Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 5.
(16) M-3 (Doyle Muzzleloading Rifle Buck Hunt).
(A) Area: That portion of Lassen County within the area described as X-6b (see subsection 360(b)(9)(A)).
(B) Season: The season for additional hunt M-3 (Doyle Muzzleloading Rifle Buck Hunt) shall open on the third Saturday in November and extend for nine consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 20.
(E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used.
(17) M-4 (Horse Lake Muzzleloading Rifle Buck Hunt).
(A) Area: That portion of Lassen County within the area described as X5a (see subsection 360(b)(6)(A)).
(B) Season: The season for additional hunt M-4 (Horse Lake Muzzleloading Rifle Buck Hunt) shall open on the fourth Saturday in October and extend for nine consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 5.
(E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used.
(18) M-5 (East Lassen Muzzleloading Rifle Buck Hunt).
(A) Area: That portion of Lassen County within the area described as X-5b (see subsection 360(b)(7)(A)).
(B) Season: The season for additional hunt M-5 (East Lassen Muzzleloading Rifle Buck Hunt) shall open on the fourth Saturday in October and extend for nine consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 5.
(E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used.
(19) M-6 (San Diego Muzzleloading Rifle Either-Sex Deer Hunt).
(A) Area: That portion of San Diego County within Zone D-16 (see subsection 360(a)(15)(A)).
(B) Season: The season for additional hunt M-6 (San Diego Muzzleloading Rifle Either-Sex Deer Hunt) shall open on the third Saturday in December and extend through December 31.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 80.
(E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used.
(20) M-7 (Ventura Muzzleloading Rifle Either-Sex Deer Hunt).
(A) Area: All of Ventura County.
(B) Season: The season for additional hunt M-7 (Ventura Muzzleloading Rifle Either-Sex Deer Hunt) shall open on the last Saturday in November and extend for 16 consecutive days.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 150.
(E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used.
(21) M-8 (Bass Hill Muzzleloading Rifle Buck Hunt).
(A) Area: That portion of Lassen County within the area described as Zone X-6a (see subsection 360(b)(8)(A)).
(B) Season: The season for additional hunt M-8 (Bass Hill Muzzleloading Rifle Buck) shall open on the fourth Saturday in October and extend for 9 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 20.
(E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used.
(22) M-9 (Devil's Garden Muzzleloading Rifle Buck Hunt).
(A) Area: That portion of Modoc County within a line beginning at the intersection of the Malin Road (Modoc County 114) and the California/Oregon state line; east along the state line to the Crowder Flat Road; south along the Crowder Flat Road to the Blue Mountain Road (Modoc County 136); west on the Blue Mountain Road to the Blue Mountain-Mowitz Butte-Ambrose Road; south on the Blue Mountain-Mowitz Butte-Ambrose Road to Highway 139; north on Highway 139 to the Malin Road; north on the Malin Road to the point of beginning.
(B) Season: The season for additional hunt M-9 (Devil's Garden Muzzleloading Rifle Buck Hunt) shall open on the fourth Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 10.
(E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used.
(23) M-11 (Northwestern California Muzzleloading Rifle Buck Hunt).
(A) Area: Those portions of Del Norte, Glenn, Humbolt, Lake, Mendocino, Siskiyou, and Trinity counties within the area described as Zone B-1 (see subsection 360(a)(2)(A)1.
(B) Season: The season for additional hunt M-11 (Northwestern California Muzzleloading Rifle Buck Hunt) shall open on the second Saturday in November and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 20.
(E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used.
(24) MA-1 (San Luis Obispo Muzzleloading Rifle/Archery Either-Sex Deer Hunt).
(A) Area: That portion of San Luis Obispo County lying within the Los Padres National Forest.
(B) Season: The season for additional hunt MA-1 (San Luis Obispo Muzzleloading Rifle/Archery Either-Sex Deer Hunt) shall open the last Saturday in November and extend for 16 consecutive days.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 150.
(E) Special Conditions: Only archery equipment as specified in Section 354 or muzzleloading rifles as specified in Section 353 may be used.
(25) MA-3 (Santa Barbara Muzzleloading Rifle/Archery Buck Hunt).
(A) Area: All of Santa Barbara County.
(B) Season: The season for additional hunt MA-3 (Santa Barbara Muzzleloading Rifle/Archery Buck Hunt) shall open on the last Saturday in November and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 150.
(E) Special Conditions: Only muzzleloading rifles as specified in Section 353 and archery equipment as specified in Section 354 may be used.
(26) J-1 (Lake Sonoma Apprentice Either-Sex Deer Hunt).
(A) Area: That portion of Sonoma County within the boundaries of the Lake Sonoma Area, U.S. Army Corps of Engineers (COE) property described as follows: Beginning at the intersection of Hot Springs Road and the COE boundary; east and south along the boundary line to the intersection with Brush Creek; west along the north bank of Brush Creek (shoreline) to the Dry Creek arm of Lake Sonoma; south along the shoreline of the Dry Creek arm to Smittle Creek; north along the COE property line to Dry Creek; east along the COE boundary across Cherry Creek, Skunk Creek, and Yorty Creek to the point of beginning.
(B) Season: The season for additional hunt J-1 (Lake Sonoma Apprentice Either-Sex Deer Hunt) shall open on the first Saturday in November and extend for two consecutive days.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 25.
(E) Special Conditions:
1. Only junior license holders shall apply (see subsection 708.2).
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting.
3. Tagholders shall attend an orientation meeting the day before the opening day of the season.
4. The use of dogs is prohibited.
5. Boats are required for all areas west of Cherry Creek (2/3 of the hunt area). Only cartop boats are allowed to launch from the Yorty Creek access.
(27) J-3 (Tehama Wildlife Area Apprentice Buck Hunt).
(A) Area: That portion of Tehama County within the boundaries of the Tehama Wildlife Area.
(B) Season: The season for additional hunt J-3 (Tehama Wildlife Area Apprentice Buck Hunt) shall open on the last Saturday in November and extend for 2 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 15.
(E) Special Conditions:
1. Only junior license holders shall apply (see subsection 708.2).
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting.
3. Tagholders shall attend an orientation meeting the day before the opening day of the season.
(28) J-4 (Shasta-Trinity Apprentice Buck Hunt).
(A) Area: In those portions of Shasta and Trinity counties beginning at the junction of Highway 3 and Highway 299 in Weaverville; north on Highway 3 to the East Side Road at the north end of Trinity Lake; east on the East Side Road to Dog Creek Road; east on Dog Creek Road to Interstate 5 at Vollmers; south on Interstate 5 to Shasta Lake; south along the west shore of Shasta Lake to Shasta Dam; south along Shasta Dam along the Sacramento River to Keswick Dam Road; west on Keswick Dam Road to Rock Creek Road; south on Rock Creek Road to Highway 299; west on Highway 299 to the point of beginning.
(B) Season: The season for additional hunt J-4 (Shasta-Trinity Apprentice Buck Hunt) shall open on the fourth Saturday in November and extend for nine consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 15.
(E) Special Conditions:
1.  Only junior license holders shall apply (see subsection 708.2).
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting.
(29) J-7 (Carson River Apprentice Either-Sex Deer Hunt).
(A) Area: That portion of Alpine County within the area described as Zone X-8 (see subsection 360(b)(12)(A)).
(B) Season: The season for additional hunt J-7 (Carson River Apprentice Either-Sex Deer Hunt) shall open on the first Saturday following the closure of the X-8 general season (see subsection 360(b)(12)(B)) and extend for 9 consecutive days.
(C) Bag and Possession limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 15.
(E) Special Conditions:
1. Only junior license holders shall apply (see subsection 708.2).
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting.
(30) J-8 (Daugherty Hill Wildlife Area Apprentice Either-Sex Deer Hunt).
(A) Area: That portion of Yuba County within the exterior boundaries of the Daugherty Hill Wildlife Area (as defined in Section 550, Title 14, CCR).
(B) Season: The season for additional hunt J-8 (Daugherty Hill Wildlife Area Apprentice Either-Sex Deer Hunt) shall open on the first Saturday in December and extend through December 31.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 15.
(E) Special Conditions:
1. Only junior license holders shall apply (see subsection 708.2).
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting.
3. Tagholders shall attend an orientation meeting the day before the opening day of the season.
(31) J-9 (Little Dry Creek Apprentice Shotgun Either-Sex Deer Hunt).
(A) Area: That portion of Butte County within the exterior boundaries of the Little Dry Creek Unit Upper Butte Basin Wildlife Area (as defined in Section 550).
(B) Season: The season for additional hunt J-9 (Little Dry Creek Apprentice Shotgun Either-Sex Deer Hunt) shall open on the third Saturday in September and extend for 9 consecutive days.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)), per tag.
(D) Number of Tags: 5.
(E) Special Conditions:
1. Only junior license holders shall apply (see subsection 708.2).
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting.
3. Tagholders shall attend an orientation meeting the day before the opening day of the season.
4. Only shotguns and ammunition as specified in Section 353 may be used.
(32) J-10 (Fort Hunter Liggett Apprentice Either-Sex Deer Hunt).
(A) Area: That portion of Monterey County lying within the exterior boundaries of the Fort Hunter Liggett Military Reservation, except as restricted by the Commanding Officer.
(B) Season: The season for additional hunt J-10 (Fort Hunter Liggett Apprentice Either-Sex Deer Hunt) shall open on October 1 and extend for 2 consecutive days and reopen October 8 and extend for 3 consecutive days, except if rescheduled by the Commanding Officer with Department concurrence between the season opener and December 31.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 85 (10 military and 75 general public).
(E) Special Conditions:
1. Only junior license holders shall apply (see subsection 708.2).
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting.
3. Tagholders shall attend an orientation meeting the day before the opening day of the season.
4. In the event the Commanding Officer cancels the hunt, J-10 tagholders may exchange the unused tag for any remaining deer tag and have accumulated and earned preference points restored pursuant to Section 708.14.
(33) J-11 (San Bernardino Apprentice Either-Sex Deer Hunt).
(A) Area: In those portions of Zone D-14 within San Bernardino County (see subsection 360(a)(13)(A).
(B) Season: The season for additional hunt J-11 (San Bernardino Apprentice Either-Sex Deer Hunt) shall open on the third Saturday in November and extend for 9 consecutive days.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. 
(D) Number of Tags: 40.
(E) Special Conditions:
1. Only junior license holders shall apply (see subsection 708.2).
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting.
(34) J-12 (Round Valley Apprentice Buck Hunt).
(A) Area: In that portion of Inyo and Mono counties within a line beginning at the intersection of U.S. Highway 395 and California Highway 168; west and south along Highway 168 to the North Lake Road turnoff; west along the North Lake Road and the Paiute Pass Trail to the Inyo-Fresno county line; north along the Inyo-Fresno county line to the Mono-Fresno county line; north along the Mono-Fresno and Mono-Madera county lines to the junction of the Mono-Madera county line and California Highway 203 at Minaret Summit; southeast along Highway 203 to its junction with Highway 395; south along Highway 395 to the point of beginning.
(B) Season: The season for additional hunt J-12 (Round Valley Apprentice Buck Hunt) shall open on the first Saturday in December and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 10.
(E) Special Conditions:
1. Only junior license holders shall apply (see subsection 708.2).
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting.
(35) J-13 (Los Angeles Apprentice Either-Sex Deer Hunt).
(A) Area: In that portion of Los Angeles County within Zone D-11 (see subsection 360(a)(10)(A)).
(B) Season: The season for additional hunt J-13 (Los Angeles Apprentice Either-Sex Deer Hunt) shall open on the third Saturday in November and extend for 9 consecutive days.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 40.
(E) Special Conditions:
1. Only junior license holders shall apply (see subsection 708.2).
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting.
(36) J-14 (Riverside Apprentice Either-Sex Deer Hunt).
(A) Area: In that portion of Riverside County within Zone D-19 (see subsection 360(a)(17)(A)).
(B) Season: The season for additional hunt J-14 (Riverside Apprentice Either-Sex Deer Hunt) shall open on the third Saturday in November and extend for 9 consecutive days.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 30.
(E) Special Conditions:
1. Only junior license holders shall apply (see subsection 708.2).
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting.
(37) J-15 (Anderson Flat Apprentice Buck Hunt).
(A) Area: In that portion of Zone D-6 in Mariposa and Tuolumne counties lying within a line beginning at the intersection of Highway 140 and Bull Creek Road at Briceburg; north on Bull Creek Road (U.S. Forest Service Road 2S05) to Greeley Hill Road; west on Greeley Hill Road to Smith Station Road (County Route J20); north on Smith Station Road to Highway 120 (near Burch Meadow); east on Highway 120 to the Yosemite National Park Boundary (near Big Oak-Flat Ranger Station); southeast along the Yosemite National Park Boundary to Highway 140; west on Highway 140 to the Yosemite National Park Boundary; northwest along the Yosemite National Park Boundary to Highway 140 (at Redbud Campground); west on Highway 140 to the point of beginning.
(B) Season: The season for additional hunt J-15 (Anderson Flat Apprentice Buck Hunt) shall open on the fourth Saturday in November and extend for nine consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 10.
(E) Special Conditions:
1. Only junior license holders shall apply (see subsection 708.2).
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting.
(38) J-16 (Bucks Mountain-Nevada City Apprentice Either-Sex Deer Hunt). 
(A) Area: Excluding Butte, Colusa and Glenn Counties, in those portions of Nevada, Placer, Plumas, Sierra, Sutter and Yuba Counties within the area described as zone D-3 (see subsection 360(a)(4)(A)1). 
(B) Season: The season for additional hunt J-16 (Bucks Mountain-Nevada City Apprentice Either-Sex Deer Hunt) shall be concurrent with the zone D-3 general season as defined in subsection 360(a)(4)(B). 
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. 
(D) Number of Tags: 75. 
(E) Special Conditions: 
1. Only junior license holders shall apply (see subsection 708.2). 
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. 
(39) J-17 (Blue Canyon Apprentice Either-Sex Deer Hunt). 
(A) Area: Excluding Colusa County, in those portions of Nevada, Placer, Sacramento, Sutter, Yolo and Yuba Counties within the area described as zone D-4 (see subsection 360(a)(4)(A)2). 
(B) Season: The season for additional hunt J-17 (Blue Canyon Apprentice Either-Sex Deer Hunt) shall be concurrent with the zone D-4 general season as defined in subsection 360(a)(4)(B). 
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. 
(D) Number of Tags: 25. 
(E) Special Conditions: 
1. Only junior license holders shall apply (see subsection 708.2). 
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. 
(40) J-18 (Pacific-Grizzly Flat Apprentice Either-Sex Deer Hunt). 
(A) Area: Excluding Amador, Calaveras and Tuolumne Counties, in those portions of Alpine, El Dorado, Placer, Sacramento, San Joaquin, and Stanislaus counties within the area described as zone D-5 (see subsection 360(a)(4)(A)3). 
(B) Season: The season for additional hunt J-18 (Pacific-Grizzly Flat Apprentice Either-Sex Deer Hunt) shall be concurrent with the zone D-5 general season as defined in subsection 360(a)(4)(B). 
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. 
(D) Number of Tags: 75. 
(E) Special Conditions: 
1. Only junior license holders shall apply (see subsection 708.2). 
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. 
(41) J-19 (Zone X-7a Apprentice Either-Sex Deer Hunt). 
(A) Area: In those portions of Lassen, Nevada, Plumas and Sierra Counties within the area described as zone X-7a (see subsection 360(b)(10)(A)). 
(B) Season: The season for additional hunt J-19 (Zone X-7a Apprentice Either-Sex Deer Hunt) shall be concurrent with the zone X-7a general season as defined in subsection 360(b)(10)(B). 
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. 
(D) Number of Tags: 25. 
(E) Special Conditions: 
1. Only junior license holders shall apply (see subsection 708.2). 
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. 
(42) J-20 (Zone X-7b Apprentice Either-Sex Deer Hunt). 
(A) Area: In those portions of Nevada, Placer and Sierra Counties within the area described as zone X-7b (see subsection 360(b)(11)(A)). 
(B) Season: The season for additional hunt J-20 (Zone X-7b Apprentice Either-Sex Deer Hunt) shall be concurrent with the zone X-7b general season as described in subsection 360(b)(11)(B). 
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. 
(D) Number of Tags: 20. 
(E) Special Conditions: 
1. Only junior license holders shall apply (see subsection 708.2). 
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. 
(43) J-21 (East Tehama Apprentice Either-Sex Deer Hunt).
(A) Area: In that portion of Tehama County within the area described as zone C-4 (see subsection 360(a)(3)(A)4.).
(B) Season: The season for additional hunt J-21 (East Tehama Apprentice Either-Sex Deer Hunt) shall open on the third Saturday in September and extend for 44 consecutive days.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 50.
(E) Special Conditions:
1. Only junior license holder shall apply (see subsection 708.2).
2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting.
(44) Conditions for Special Hunts.
(A) When hunting on military reservations or private lands, hunters shall have in their possession a written permit signed by the landowner, which may specify where and when the permittee may hunt.
(B) When required, tagholders shall check in and check out of designated check stations.
(d) Fund-raising License Tags.
Fund-raising license tags (Golden Opportunity and Open Zone) for the taking of buck deer (as defined in subsection 351(a)) shall be offered for sale to raise funds for the management of deer through the Deer Herd Management Plan Implementation Program. The department may conduct a random drawing to distribute fund-raising tags. Any resident or nonresident is eligible to purchase a fund-raising license tag. A fund-raising license tag distributed through a department random drawing does not include the fee for processing and issuing a hunting license. The sale price of a fund-raising license tag includes the fees for deer tag applications and for processing and issuing a hunting license. The purchasers shall be issued a hunting license and fund-raising license tags only after meeting the hunter education requirements for a hunting license.
(1) Golden Opportunity Tag.
(A) Area: Golden Opportunity tags shall be valid statewide.
(B) Season: Golden Opportunity tags shall be valid beginning on the second Saturday in July and extend through December 31.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 5.
(E) Special Conditions:
1. The holder of a Golden Opportunity tag may take deer using methods authorized in sections 353 and 354.
2. Fund-raising license tagholders who receive a deer tag pursuant to Section 708(a)(2) shall be allowed to exchange that tag under the provisions of subsection 708(a)(2)(F). Tagholders shall not be entitled to obtain more than two (2) deer tags as described in subsection 708(a)(2).
3. Tagholders shall report to the Regional Patrol Chief at the appropriate Department of Fish and Game Regional Headquarters prior to hunting as to the time and area they intend to hunt.
(2) Open Zone Tag.
(A) Area: Open Zone tags shall be valid in the areas as described in sections 360 and 361.
(B) Season: Open Zone tags shall be valid during the authorized seasons described in sections 360 and 361.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 5.
(E) Special Conditions:
1. The holder of an Open Zone tag shall meet any special conditions and take deer using the method of take described in sections 360 and 361.
2. Fund-raising license tagholders who receive a deer tag pursuant to Section 708(a)(2) shall be allowed to exchange that tag under the provisions of subsection 708(a)(2)(F). Tagholders shall not be entitled to obtain more than two (2) deer tags as described in subsection 708(a)(2).
3. Tagholders shall report to the Regional Patrol Chief at the appropriate Department of Fish and Game Regional Headquarters prior to hunting as to the time and area they intend to hunt.
NOTE

Authority: Sections 200, 202, 203, 220, 460, 3452, 3453 and 4334, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 458, 459, 460, 3452, 3453 and 4334, Fish and Game Code.
HISTORY

1. Amendment of subsections (a)(6) and (a)(12) filed 9-18-87 as an emergency; operative 9-18-87 (Register 87, No. 39). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-18-88. For prior history, see Register 87, No. 2.
2. Reinstatement of subsections (a)(6) and (a)(12) as they existed prior to emergency amendment filed 9-18-87 by operation of Government Code section 11346.1(f) (Register 88, No. 23).
3. Amendment of subsections (a)-(c) filed 5-31-88; operative 5-31-88 (Register 88, No. 23).
4. Amendment of subsections (a)-(c) filed 6-19-89; operative 6-19-89 (Register 89, No. 27).
5. Amendment filed 6-22-90; operative 6-22-90 pursuant to section 215, Fish and Game Code (Register 90, No. 34).
6. Amendment filed 6-28-91; operative 6-28-91 (Register 91, No. 42).
7. Amendment filed 7-8-92; operative 7-8-92 pursuant to Fish and Game Code section 215 (Register 92, No. 28).
8. Amendment of section and Note filed 6-23-93; operative 6-23-93 pursuant to Fish and Game Code sections 202 and 215 (Register 93, No. 26).
9. Amendment filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
10. Amendment of section and Note filed 6-9-95; operative 6-9-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 23).
11. Editorial correction of subsections (a)(2)(A)1., (a)(3)(D) and (b)(15)(A) (Register 96, No. 26).
12. Amendment of section and Note filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
13. Amendment filed 6-26-97; operative 6-26-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 26).
14. Amendment filed 7-1-98; operative 7-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 27).
15. Amendment filed 6-2-99; operative 6-2-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 23).
16. Amendment of subsection (c)(29)(B) filed 10-14-99 as an emergency; operative 10-14-99 (Register 99, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-11-99 or emergency language will be repealed by operation of law on the following day.
17. Editorial correction of History 16 (Register 2000, No. 23).
18. Reinstatement of subsection (c)(29)(B) as it existed prior to 10-14-99 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 23).  
19. Editorial correction of subsections (c)(6)(B) and (d)(2)(E)1. (Register 2000, No. 26).
20. Amendment filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game Code sections 202 and 205 (Register 2000, No. 26).
21. Editorial correction of subsection (a)(3)(B)1. (Register 2001, No. 21).
22. Amendment of subsections (a)(3)(D), (b)(1)(D), (b)(2)(D), (b)(3)(D), (b)(4)(D), (b)(5)(D), (b)(6)(D), (b)(7)(D), (b)(8)(D), (b)(9)(D), (b)(10)(D), (b)(11)(D), (b)(12)(D), (b)(17)(D), (c)(1)(D), (c)(15)(D), (c)(20)(D) and (c)(29)(D) filed 5-21-2001; operative 6-1-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 21).
23. Amendment filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
24. Amendment filed 6-24-2003; operative 7-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 26). 
25. Amendment filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
26. Amendment of subsections (a)(3)(D), (b)(1)(D), (b)(3)(D), (b)(4)(D), (b)(5)(D), (b)(6)(D), (b)(7)(D), (b)(8)(D), (b)(9)(D), (b)(10)(D), (b)(11)(D), (b)(12)(D), (b)(13)(D), (c)(1)(D), (c)(11)(D), (c)(15)(D), (c)(16)(D), (c)(17)(D), (c)(21)(D) and (c)(22)(D) filed 7-19-2005; operative 7-19-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 29).
27. Amendment of subsections (b)(1)(D), (b)(2)(D), (b)(4)(D), (b)(5)(D), (b)(6)(D), (b)(7)(D), (b)(8)(D), (b)(9)(D), (b)(10)(D), (b)(11)(D), (b)(12)(D), (b)(13)(D), (b)(17)(D), (c)(15)(D), (c)(16)(D), (c)(17)(D), (c)(18)(D) and (c)(21)(D) filed 6-30-2006; operative 6-30-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 26). 
28. Amendment of subsections (a)(3)(D), (b)(1)(D), (b)(3)(D), (b)(4)(D), (b)(5)(D), (b)(6)(D), (b)(7)(D), (b)(8)(D), (b)(9)(D), (b)(10)(D), (b)(11)(D), (b)(12)(D), (c)(2)(D), (c)(5)(B), (c)(7)(B), (c)(7)(D), (c)(7)(E)1.-3., (c)(17)(D), (c)(18)(D), (c)(21)(D), (c)(32)(B) and (c)(32)(D) filed 5-29-2007; operative 5-29-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
29. Amendment of subsections (a)(1)(A)1., (b)(1)(D), (b)(3)(D), (b)(4)(D), (b)(5)(D), (b)(6)(D), (b)(7)(D), (b)(8)(D), (b)(9)(D), (b)(10)(D), (b)(11)(D), (b)(12)(D), (b)(13)(D), (b)(17)(D), (c)(5)(B), (c)(17)(D), (c)(21)(D), (c)(26), (c)(26)(B), (c)(27), (c)(27)(B), (c)(28), (c)(28)(B), (c)(29), (c)(29)(B), (c)(30), (c)(30)(B), (c)(31), (c)(31)(B), (c)(32), (c)(32)(B), (c)(33), (c)(33)(B), (c)(34), (c)(34)(B), (c)(35), (c)(35)(B), (c)(36), (c)(36)(B), (c)(37), (c)(37)(B), (c)(38), (c)(38)(B), (c)(39), (c)(39)(B), (c)(40), (c)(40)(B), (c)(41), (c)(41)(B), (c)(42), (c)(42)(B), (c)(43) and (c)(43)(B) filed 6-20-2008; operative 6-20-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 25). 
30. Amendment of subsections (a)(3)(D), (b)(1)(D), (b)(2)(D), (b)(3)(D), (b)(4)(D), (b)(5)(D), (b)(7)(D), (b)(9)(D), (b)(10)(A), (b)(10)(D), (b)(11)(A), (b)(11)(D), (b)(12)(D), (b)(13)(D), (b)(17)(D), (c)(1)(D), (c)(5)(B) and (c)(32)(B) filed 6-12-2009; operative 7-1-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 24). 
31. Amendment of subsections (b)(1)(D), (b)(2)(D), (b)(3)(D), (b)(4)(D), (b)(5)(D), (b)(6)(D), (c)(5)(B), (c)(8)(D), (c)(32)(B) and (d) filed 6-24-2010; operative 6-24-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 26). 
32. Amendment of subsections (a)(2)(D), (b)(2)(D), (b)(3)(D), (b)(4)(D), (b)(6)(D), (b)(7)(D), (b)(9)(D), (b)(10)(D), (b)(11)(D), (b)(12)(D), (b)(17)(D), (c)(4)(E)2., (c)(5)(B), (c)(5)(E), (c)(6)(E), (c)(7)(E)4., (c)(8)(E), (c)(17)(D), (c)(18)(D), (c)(22)(D), (c)(26)(E)1., (c)(27)(E)1., (c)(28)(E)1., (c)(29)(E)1., (c)(30)(E)1., (c)(31)(E)1., (c)(32)(B), (c)(32)(E)1., (c)(32)(E)4., (c)(33)(E)1., (c)(34)(E)1., (c)(35)(E)1., (c)(36)(E)1., (c)(37)(E)1., (c)(38)(E)1., (c)(39)(E)1., (c)(40)(E)1., (c)(41)(E)1., (c)(42)(E)1. and (c)(43)(E)1. filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§361. Archery Deer Hunting.
Note     •     History

(a) Archery Hunting With General Deer Zone Tags. Deer may be taken during the archery season only with archery equipment specified in Section 354 as follows:
(1) Zone A.
(A) Area: As described in subsection 360(a)(1)(A)1. through 2.
(B) Season: The archery deer season in Zone A-South Unit 110 and Zone A-North Unit 160 shall open on the second Saturday in July and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(2) B Zones.
(A) Zones B-1 through B-3, B-5 and B-6.
1. Area: As described in subsection 360(a)(2)(A).
2. Season: The archery deer season in Zones B-1 through B-3, B-5 and B-6 shall open on the third Saturday in August and extend for 23 consecutive days.
3. Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(B) Zone B-4.
1. Area: As described in subsection 360(a)(2)(A)4.
2. Season: The archery deer season in Zone B-4 shall open on the fourth Saturday in July and extend for 23 consecutive days.
(3) C Zones (Note: see subsection 361(b) below for area-specific archery hunt A-1 (C Zones Archery Only Hunt)).
(4) D Zones.
(A) Zones D-3 through D-5.
1. Area: As described in subsection 360(a)(4)(A)1. through 3.
2. Season: The archery season in Zones D-3, D-4, and D-5 shall open on  the third Saturday in August and extend for 23 days.
3. Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
4. Special Conditions: Hunters that possess a Zone D-3-5 tag may hunt in zones D-3, D-4, and D-5.
(B) Zones D-6 through D-10.
1. Area: As described in subsection 360(a)(5)(A) through (9)(A).
2. Season: The archery season in zones D-6 through D-10 shall open on the third Saturday in August and extend for 23 days.
3. Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(C) Zones D-11, D-13 and D-15.
1. Area: As described in subsection 360(a)(10)(A), (12)(A) and (14)(A), respectively.
2. Season: The archery season in Zones D-11, D-13 and D-15 shall open on the first Saturday in September and extend for 23 days.
3. Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
4. Special Conditions: Hunters that possess a D-11, D-13, or D-15 tag may hunt in any, or all three of those zones.
(D) Zone D-12.
1. Area: As described in subsection 360(a)(11)(A).
2. Season: The archery season in Zone D-12 shall open on the first Saturday in October and extend for 23 consecutive days.
3. Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(E) Zones D-14, D-16, D-17 and D-19.
1. Area: As described in subsection 360(a)(13)(A), (15)(A), (16)(A) and (17)(A), respectively.
2. Season: The archery season in zones D-14, D-16, D-17 and D-19 shall open on the first Saturday in September and extend for 23 consecutive days.
3. Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(b) Archery Hunting With Area-specific Archery Tags. Deer may be taken only with archery equipment specified in Section 354, only during the archery seasons as follows:
(1) A-1 (C Zones Archery Only Hunt).
(A) Area: Shall include all of Zones C-1, C-2, C-3, and C-4 as described in subsections 360(a)(3)(A)1 through 4.
(B) Season: 
1. Zone C-1. The archery season for Zone C-1 shall open on the third Saturday in August and extend for 16 consecutive days.
2. Zone C-2. The archery season for Zone C-2 shall open on the third Saturday in August and extend for 23 consecutive days. 
3. Zone C-3. The archery season for Zone C-3 shall open on the third Saturday in August and extend for 23 consecutive days. 
4. Zone C-4. The archery season for Zone C-4 shall open on the third Saturday in August and extend for 16 consecutive days. 
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 1,945 A-1 (C Zones Archery Only Hunt) tags are valid in Zones C-1, C-2, C-3, and C-4 only during the archery season as specified above in subsections 361(b)(1)(B)1 through 4.
(2) A-3 (Zone X-1 Archery Hunt)
(A) Area: As described in subsection 360(b)(1)(A).
(B) Season: The archery season for hunt A-3 (Zone X-1 Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 130.
(3) A-4 (Zone X-2 Archery Hunt)
(A) Area: As described in subsection 360(b)(2)(A).
(B) Season: The archery season for hunt A-4 (Zone X-2 Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 20.
(4) A-5 (Zone X-3a Archery Hunt).
(A) Area: As described in subsection 360(b)(3)(A).
(B) Season: The archery season for hunt A-5 (Zone X-3a Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 35.
(5) A-6 (Zone X-3b Archery Hunt).
(A) Area: As described in subsection 360(b)(4)(A).
(B) Season: The archery season for hunt A-6 (Zone X-3b Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 90.
(6) A-7 (Zone X-4 Archery Hunt).
(A) Area: As described in subsection 360(b)(5)(A).
(B) Season: The archery season for hunt A-7 (Zone X-4 Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 135.
(7) A-8 (Zone X-5a Archery Hunt).
(A) Area: As described in subsection 360(b)(6)(A).
(B) Season: The archery season for hunt A-8 (Zone X-5a Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 15.
(8) A-9 (Zone X-5b Archery Hunt).
(A) Area: As described in subsection 360(b)(7)(A).
(B) Season: The archery season for hunt A-9 (Zone X-5b Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 5.
(9) A-11 (Zone X-6a Archery Hunt).
(A) Area: As described in subsection 360(b)(8)(A).
(B) Season: The archery season for hunt A-11 (Zone X-6a Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 55.
(10) A-12 (Zone X-6b Archery Hunt).
(A) Area: As described in subsection 360(b)(9)(A).
(B) Season: The archery season for hunt A-12 (Zone X-6b Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 110.
(11) A-13 (Zone X-7a Archery Hunt).
(A) Area: As described in subsection 360(b)(10)(A).
(B) Season: The archery season for hunt A-13 (Zone X-7a Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 50.
(12) A-14 (Zone X-7b Archery Hunt).
(A) Area: As described in subsection 360(b)(11)(A).
(B) Season: The archery season for hunt A-14 (Zone X-7b Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 25.
(13) A-15 (Zone X-8 Archery Hunt).
(A) Area: As described in subsection 360(b)(12)(A).
(B) Season: The archery season for hunt A-15 (Zone X-8 Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 50.
(14) A-16 (Zone X-9a Archery Hunt). 
(A) Area: As described in subsection 360(b)(13)(A).
(B) Season: The archery season for hunt A-16 (Zone X-9a Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 140.
(15) A-17 (Zone X-9b Archery Hunt). 
(A) Area: As described in subsection 360(b)(14)(A).
(B) Season: The archery season for hunt A-17 (Zone X-9b Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 300.
(16) A-18 (Zone X-9c Archery Hunt). 
(A) Area: As described in subsection 360(b)(15)(A).
(B) Season: The archery season for hunt A-18 (Zone X-9c Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 350.
(17) A-19 (Zone X-10 Archery Hunt). 
(A) Area: As described in subsection 360(b)(16)(A).
(B) Season: The archery season for hunt A-19 (Zone X-10 Archery Hunt) shall open on the third Saturday in August and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 120.
(18) A-20 (Zone X-12 Archery Hunt). 
(A) Area: As described in subsection 360(b)(17)(A).
(B) Season: The archery season for hunt A-20 (Zone X-12 Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag.
(D) Number of Tags: 190.
(19) A-21 (Anderson Flat Archery Buck Hunt).
(A) Area: In that portion of hunt Zone D-6 in Mariposa and Tuolumne counties lying within a line beginning at the intersection of Highway 140 and Bull Creek Road at Briceburg; north on Bull Creek Road (U.S. Forest Service Road 2S05) to Greeley Hill Road; west on Greeley Hill Road to Smith Station Road (County Route J20); north on Smith Station Road to Highway 120 (near Burch Meadow); east on Highway 120 to the Yosemite National Park Boundary (near Big Oak-Flat Ranger Station); southeast along the Yosemite National Park Boundary to Highway 140; west on Highway 140 to the Yosemite National Park Boundary; northwest along the Yosemite National Park Boundary to Highway 140 (at Redbud Campground); west on Highway 140 to the point of beginning.
(B) Season: The season for hunt A-21 (Anderson Flat Archery Buck Hunt) shall open on the second Saturday in November and extend for 14 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 25.
(20) A-22 (San Diego Archery Either-Sex Deer Hunt). 
(A) Area: That portion of San Diego County within Zone D-16 (see subsection 360(a)(15)(A)).
(B) Season: The season for hunt A-22 (San Diego Archery Either-Sex Deer Hunt) shall open on the first Saturday in September and extend for 44 consecutive days, and reopen on the third Saturday in November and extend through December 31.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 1,000.
(21) A-24 (Monterey Archery Either-Sex Deer Hunt). 
(A) Area: All of Monterey County, except Fort Ord Military Reservation.
(B) Season: The season for hunt A-24 (Monterey Archery Either-Sex Deer Hunt) shall open on the second Saturday in October and extend for 30 consecutive days.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 100.
(22)  A-25 (Lake Sonoma Archery Either-Sex Deer Hunt). 
(A) Area: That portion of Sonoma County within the boundaries of the Lake Sonoma Area, U.S. Army Corps of Engineers (COE) property described as follows: Beginning at the intersection of Hot Springs Road and the COE boundary; east and south along the boundary line to the intersection with Brush Creek; west along the north bank of Brush Creek (shoreline) to the Dry Creek arm of Lake Sonoma; south along the shoreline of the Dry Creek arm to Smittle Creek; north along the COE property line to Dry Creek; east along the COE boundary across Cherry Creek, Skunk Creek, and Yorty Creek to the point of beginning.
(B) Season: The season for hunt A-25 (Lake Sonoma Archery Either-Sex Deer Hunt) shall be open on Saturdays, Sundays and Mondays only, beginning on the first Saturday in October and extending for 24 consecutive days.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 35.
(E) Special Conditions:
1. The use of dogs is prohibited.
2. Boats are required for all areas west of Cherry Creek (some 2/3 0f the hunt area). Only cartop boats are allowed to launch from the Yorty Creek access.
(23) A-26 (Bass Hill Archery Buck Hunt). 
(A) Area: That portion of Lassen County within the area described as Zone X-6a (see subsection 360(b)(8)(A)).
(B) Season: The season for hunt A-26 (Bass Hill Archery Buck Hunt) shall open on the third Saturday in November and extend for 23 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 30.
(24) A-27 (Devil's Garden Archery Buck Hunt). 
(A) Area: That portion of Modoc County within a line beginning at the intersection of the Malin Road (Modoc County 114) and the California/Oregon state line; east along the state line to the Crowder Flat Road; south along the Crowder Flat Road to the Blue Mountain Road (Modoc County 136); west on the Blue Mountain Road to the Blue Mountain-Mowitz Butte-Ambrose Road; south on the Blue Mountain-Mowitz Butte-Ambrose Road to Highway 139; north on Highway 139 to the Malin Road; north on the Malin Road to the point of beginning.
(B) Season: The season for hunt A-27 (Devil's Garden Archery Buck Hunt) shall open on the fourth Saturday in October and extend for 16 consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 5.
(25) A-30 (Covelo Archery Buck Hunt). 
(A) Area: That portion of Mendocino County within a line beginning at the intersection of Highway 101 and the Humboldt-Mendocino county line; east along the Humboldt-Mendocino county line to the Trinity-Mendocino county line; east along Trinity-Mendocino county line to the Mendocino-Tehama county line; south on the Mendocino-Tehama county line to the Mendocino-Glenn county line; south on the Mendocino-Glenn county line to the Mendocino-Lake county line; west and south on the Mendocino-Lake county line to the Main Eel River; west and north on the Main Eel River to the Hearst-Willits Road; southwest on the Hearst-Willits Road to Commercial Avenue; west on Commercial Avenue to Highway 101; north on Highway 101 to the point of beginning.
(B) Season: The season for hunt A-30 (Covelo Archery Buck Hunt) shall open on the second Saturday in November and extend for sixteen consecutive days.
(C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag.
(D) Number of Tags: 40.
(26) A-31 (Los Angeles Archery Either-Sex Deer Hunt). 
(A) Area: That portion of Los Angeles County within Zone D-11 (see subsection 360(a)(10)(A)).
(B) Season: The season for hunt A-31 (Los Angeles Archery Either-Sex Deer Hunt) shall open on the fourth Saturday in September and extend through December 31.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(b)) per tag.
(D) Number of Tags: 1,000.
(27) A-32 (Ventura/Los Angeles Late Season Archery Either-Sex Deer Hunt). 
(A) Area: In those portions of Los Angeles and Ventura counties within the area described as the A Zone (see subsection 360(a)(1)(A)). 
(B) Season: The season for hunt A-32 (Ventura/Los Angeles Late Season Archery Either-Sex Deer Hunt) shall open on the second Saturday in November and extend for 23 consecutive days. 
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. 
(D) Number of Tags: 250. 
(28) A-33 (Fort Hunter Liggett Late Season Archery Either-Sex Deer Hunt).
(A) Area: That portion of Monterey County lying within the exterior boundaries of the Hunter Liggett Military Reservation, except as restricted by the Commanding Officer.
(B) Season: The season for hunt A-33 (Fort Hunter Liggett Late Season Archery Either-Sex Deer Hunt) shall be open beginning the first Saturday in October and continuing through November 11, except if rescheduled by the Commanding Officer with Department concurrence between the season opener and December 31.
(C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag.
(D) Number of Tags: 50 (25 military and 25 general public).
(E) Special Conditions: In the event the Commanding Officer cancels the hunt, A-33 tagholders may exchange the unused tag for any remaining deer tag and have accumulated and earned preference points restored pursuant to Section 708.14 for tags issued through the Big Game Drawing.
(c) Archery Hunting with Archery Only Tags. Deer may be taken only with archery equipment specified in Section 354, during the archery seasons and general seasons as follows:
(1) Number of Archery Only Tags Permitted. A person may obtain an archery only tag using a one-deer tag application and a second archery only tag using a second deer tag application.
(2) Zones in Which Archery Only Tags are Valid. An archery only tag is valid for hunt G-10, and during the archery season and general season in all zones except C-1 through C-4 and X-1 through X-12.
(3) Areas: As described in subsections 360(a) and (c).
(4) Seasons: The archery season and general seasons are provided in subsection 361(a) above and in subsections 360(a) and (c).
(5) Bag and Possession Limit: All bag and possession limits per zone are the same as those described in subsections 360(a) and (c).
(d) Hunting Area Limitations. Archers not in possession of an archery only tag may hunt only in the zone, zones, or areas for which they have a general tag or an area-specific archery tag. (Refer to subsection 361(c)(2) for zones in which archery only tags are valid).
(e) Crossbow Prohibition. Except as provided in subsection 354(j), crossbows may not be used during any archery season or during the general season when using an archery only tag.
NOTE

Authority cited: Sections 200, 202, 203, 220 and 4370, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207 and 4370, Fish and Game Code.
HISTORY

1. Amendment of subsections (a) and (b) filed 6-24-85 as an emergency; effective upon filing (Register 85, No. 27). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-22-85. For prior history, see Register 84, No. 48.
2. Notice of Erroneous Filing declaring 6-24-85 Certificate of Compliance null and void filed 7-2-85 by OAL (Register 85, No. 27).
3. Certificate of Compliance as to 6-24-85 order transmitted to OAL 9-30-85 and filed 11-1-85 (Register 85, No. 44).
4. Amendment filed 7-1-86; effective upon filing (Register 86, No. 27).
5. Amendment of subsection (a)(2) filed 6-22-87; operative 6-22-87 (Register 87, No. 27).
6. Amendment of subsections (a) and (b) filed 5-31-88; operative 5-31-88 (Register 88, No. 23).
7. Amendment of subsection (b) filed 6-22-90; operative 6-22-90 pursuant to section 215, Fish and Game Code (Register 90, No. 34).
8. Amendment of subsection (a) filed 6-28-91; operative 6-28-91 (Register 91, No. 42).
9. Amendment filed 7-8-92; operative 7-8-92 pursuant to Fish and Game Code section 215 (Register 92, No. 28).
10. Amendment of subsections (a)(2), (a)(2)(B), (b) and (c), repealer of subsections (a)(6)-(a)(6)(B) and subsection renumbering filed 6-23-93; operative 6-23-93 pursuant to Fish and Game Code sections 202 and 215 (Register 93, No. 26).
11. Amendment filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
12. Amendment of section  and Note filed 6-9-95; operative 6-9-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 23).
13. Change without regulatory effect amending subsection (b)(15)(B) filed 7-6-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 27).
14. Amendment filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
15. Amendment filed 6-26-97; operative 6-26-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 26).
16. Amendment filed 7-1-98; operative 7-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 27).
17. Amendment filed 6-2-99; operative 6-2-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 23).
18. Editorial correction of subsection (a)(4)(D)1.. (Register 2000, No. 26).
19. Amendment filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game Code sections 202 and 205 (Register 2000, No. 26).
20. Amendment of subsections (b)(1)(D), (b)(2)(D), (b)(3)(D), (b)(5)(D), (b)(7)(D), (b)(11)(D), (b)(12)(D) and (b)(26)(D) filed 5-21-2001; operative 6-1-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 21).
21. Amendment filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
22. Amendment filed 6-24-2003; operative 7-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 26). 
23. Amendment filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
24. Amendment of subsections (b)(1)(D), (b)(4)(D), (b)(5)(D), (b)(6)(D), (b)(8)(D), (b)(9)(D), (b)(10)(D), (b)(13)(D) and (c)(23)(D) filed 7-19-2005; operative 7-19-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 29).
25. Amendment of subsections (b)(2)(D), (b)(4)(D), (b)(5)(D), (b)(6)(D), (b)(7)(D), (b)(8)(D), (b)(9)(D), (b)(10)(D), (b)(11)(D), (b)(13)(D), (b)(14)(D), (b)(18)(D) and (b)(23)(D) filed 6-30-2006; operative 6-30-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 26).
26. Amendment of subsections (b)(3)(D), (b)(4)(D), (b)(5)(D), (b)(6)(D), (b)(7)(D), (b)(8)(D), (b)(9)(D), (b)(10)(D), (b)(11)(D), (b)(13)(D), (b)(23)(D), (b)(25)(A) and (b)(27)(C) and new subsections (b)(28)-(28)(E) filed 5-29-2007; operative 5-29-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
27. Amendment of subsections (b)(2)(D), (b)(3)(D), (b)(4)(D), (b)(5)(D), (b)(6)(D), (b)(7)(D), (b)(8)(D), (b)(9)(D), (b)(10)(D), (b)(11)(D), (b)(13)(D), (b)(14)(D), (b)(18)(D), (b)(23)(D) and (b)(28)(B) filed 6-20-2008; operative 6-20-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 25). 
28. Amendment of subsections (b)(1)(D), (b)(2)(D), (b)(3)(D), (b)(4)(D), (b)(5)(D), (b)(6)(D), (b)(7)(D), (b)(8)(D), (b)(11)(D), (b)(12)(D), (b)(13)(D), (b)(14)(D) and (b)(18)(D) filed 6-12-2009; operative 7-1-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 24). 
29. Amendment of subsections (b)(2)(D), (b)(4)(D), (b)(5)(D), (b)(6)(D), (b)(7)(D) and (b)(28)(B) filed 6-24-2010; operative 6-24-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 26). 
30. Amendment of subsections (b)(3)(D), (b)(4)(D), (b)(6)(D), (b)(10)(D), (b)(13)(D), (b)(18)(D), (b)(24)(D), (b)(28)(B) and (b)(28)(E) filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§362. Nelson Bighorn Sheep.
Note     •     History

(a) Areas:
(1) Zone 1--Marble/Clipper Mountains: That portion of San Bernardino County beginning at the intersection of Kelbaker Road and the National Trails Highway; north on Kelbaker Road to the junction with Interstate Highway 40; east on Interstate Highway 40 to the intersection with National Trails Highway; southwest on National Trails Highway to junction with Kelbaker Road.
(2) Zone 2--Kelso Peak and Old Dad Mountains: That portion of San Bernardino County beginning at the intersection of Kelbaker Road and the Union Pacific Railroad in Kelso; southwest along the Union Pacific Railroad to intersection with unnamed road at Crucero; north on unnamed road to the merging with Mojave Road; northeast on Mojave Road to the junction with Zzyzx Road; north on Zzyzx Road to intersection with Interstate Highway 15; northeast on Interstate Highway 15 to the intersection with Cima Road; south on Cima Road to the intersection with the Union Pacific Railroad in Cima; southwest on the Union Pacific Railroad to the intersection with Kelbaker Road in Kelso.
(3) Zone 3--Clark and Kingston Mountain Ranges: That portion of San Bernardino and Inyo counties beginning at the intersection of Interstate Highway 15 and California State Highway 127 in Baker; north on California State Highway 127 to the junction with Old Spanish Gentry Road at Tecopa; southeast on Old Spanish Gentry Road to the junction with Furnace Creek Road; southeast on Furnace Creek Road to the junction with Mesquite Valley Road; north on Mesquite Valley Road to Old Spanish Trail Highway; north and east on Old Spanish Trail Highway to California/Nevada state line; southeast on California/Nevada state line to the intersection with Interstate Highway 15; southwest on Interstate Highway 15 to the junction with California State Highway 127.
(4) Zone 4--Orocopia Mountains: That portion of Riverside County beginning at the intersection of Interstate Highway 10 and Cottonwood Springs Road; east on Interstate Highway 10 to the junction with Red Cloud Mine Road; south on Red Cloud Mine Road to the junction with the Eagle Mountain Mining Railroad; southwest on the Eagle Mountain Mining Railroad to the junction with the Bradshaw Trail; southwest on the Bradshaw Trail to the Intersection with the Coachella Canal; west along the Coachella Canal to the junction with Box Canyon Road; northeast on Box Canyon Road to the junction with Cottonwood Springs Road; north on Cottonwood Springs Road to the intersection with Interstate Highway 10.
(5) Zone 5--San Gorgonio Wilderness: That portion of Riverside and San Bernardino counties beginning at the intersection of Interstate Highway 10 and California State Highway 62, west on Interstate Highway 10 to the junction with California State Highway 30; north on California State Highway 30 to the junction with California State Highway 38; east and north on California State Highway 38 to the junction with Forest Service Route 1N01; east on Forest Service Route 1N01 to its joining with Pipes Road; east on Pipes Road to the junction with Pioneertown Road; southeast on Pioneertown Road to the junction with California State Highway 62; southwest on California State Highway 62 to the intersection with Interstate Highway 10.
(6) Zone 6--Sheep Hole Mountains: That portion of San Bernardino County beginning at the junction of California State Highway 62 and Ironage Road; northwest on Ironage Road to the intersection with Amboy Road; north on Amboy Road to the intersection with National Trails Highway; east on National Trails Highway to the junction with Saltus Road; southeast on Saltus Road to the junction with unnamed road in Saltus that runs through Cadiz Valley; southeast on unnamed road to the intersection with California State Highway 62; west on California State Highway 62 to the junction with Ironage Road.
(7) Zone 7--White Mountains: That portion of Mono County within a line beginning at U.S. Highway 6 and the Mono-Inyo county line; northward on Highway 6 to the California-Nevada State Line; southeasterly along the California-Nevada State Line to the Mono-Inyo County Line; westward along the Mono-Inyo County Line to the point of beginning.
(8) Zone 8 -- South Bristol Mountains: That portion of San Bernardino County beginning at the junction of Kelbaker Road and the National Trails Highway; west on the National Trails Highway to the intersection with Interstate Highway 40; east on Interstate Highway 40 to the junction with Kelbaker Road; south on Kelbaker Road to the point of beginning. 
(9) Zone 9 -- Cady Mountains: That portion of San Bernardino County beginning at the junction of Interstate Highway 40 and Newberry Road; north on Newberry Road to intersection with Riverside Road; East on Riverside Road to junction with Harvard Road; north on Harvard Road to junction with Interstate Highway 15; northeast on Interstate Highway 15 to junction with Basin Road; south on Basin Road to intersection with Union Pacific Railroad; east on Union Pacific Railroad to intersection with Crucero Road; south on Crucero Road to intersection with Interstate Highway 40; west on Interstate Highway 40 to the point of beginning.
(b) Seasons:
(1) Open Zone Fund-raising Tag: The holder of the fund-raising license tag issued pursuant to subsection 4902(d) of the Fish and Game Code may hunt: 
(A) Zones 1 through 4, 6, 8 and 9: Beginning the first Saturday in November and extending through the first Sunday in February.
(B) Zone 5: Beginning the third Saturday in November and extending through the third Sunday in February.
(C) Zone 7: Beginning the first Saturday in August and extending through the last Sunday in September.
(2) Marble/Clipper/South Bristol Mountains Fund-raising Tag: The holder of the fund-raising license tag issued pursuant to subsection 4902(d) of the Fish and Game Code may hunt: 
(A) Zones 1 and 8: Beginning the first Saturday in November and extending through the first Sunday in February. 
(3) Kelso Peak and Old Dad Mountains Fund-raising Tag: The holder of the fund-raising license tag issued pursuant to subsection 4902(d) of the Fish and Game Code may hunt: 
(A) Zone 2: Beginning the first Saturday in November and extending through the first Sunday in February. 
(4) Except as provided in subsection 362(b)(1), the Nelson bighorn sheep season in the areas described in subsection 362(a) shall be defined as follows: 
(A) Zones 1 through 4, 6, 8 and 9: The first Saturday in December and extend through the first Sunday in February.
(B) Zone 5: The third Saturday in December and extend through the third Sunday in February.
(C) Zone 7: Beginning the third Saturday in August and extending through the last Sunday in September.
(5) Except as specifically provided in section 362, the take of bighorn sheep is prohibited.
(c) Bag and possession Limit: One mature ram defined as follows: a male Nelson bighorn sheep (Ovis canadensis nelsoni) having at least one horn, the tip of which extends beyond a point in a straight line beginning at the front (anterior) edge of the horn base, and extending downward through the rear (posterior) edge of the visible portion of the eye and continuing downward through the horn. All reference points are based on viewing the ram directly from a 90 degree angle from which the head is facing. A diagram showing the correct viewing procedure shall be distributed by the department to each successful applicant.
(d) Number of License Tags: 

		Tag
		Allocation
	Nelson Bighorn Sheep Hunt Zones	for 2011

	Zone 1 - Marble/Clipper Mountains	4
	Zone 2 - Kelso Peak/Old Dad Mountains	4
	Zone 3 - Clark/Kingston Mountain Ranges	2
	Zone 4 - Orocopia Mountains	1
	Zone 5 - San Gorgonio Wilderness	2
	Zone 6 - Sheep Hole Mountains	2
	Zone 7 - White Mountains	4
	Zone 8 - South Bristol Mountains	2
	Zone 9 - Cady Mountains	3
		Open Zone Fund-Raising Tag	1
		Marble/Clipper/South Bristol Mountains Fund-
		 Raising Tag	1
		Kelso Peak/Old Dad Mountains Fund-Raising Tag	1

	Total:	27
	
(e) Conditions:
(1) Nelson bighorn rams shall only be taken between one-half hour before sunrise and one-half hour after sunset.
(2) Only methods specified in sections 353 and 354, Title 14, CCR, for taking bighorn sheep may be used.
(3) Each tagholder shall possess a spotting telescope capable of magnification of 15 power (15X), which is not affixed to a rifle, while hunting.
(4) Successful general tagholders shall present the head and edible portion of the carcass of a bighorn ram to the department's checking station within 48 hours after killing the animal. All successful tagholders shall notify the department's Bishop office by telephone at (760) 872-1171 or (760) 413-9596 within 24 hours of killing the animal and arrange for the head and carcass to be examined.
(5) All successful bighorn sheep tagholders shall make the horns of each ram available to the department to be permanently marked in the manner prescribed by the department for identification purposes within 48 hours of killing the animal. The purpose of the permanent marking shall be to identify Nelson bighorn rams which were legally taken and which may be transported and possessed outside the areas described in subsection 362(a).
(6) The department reserves the right to take and use any part of the tagholder's bighorn ram, except the horns, for biological analysis as long as no more than one pound of edible meat is removed.
NOTE

Authority cited: Sections 200, 202, 203, 220, 1050 and 4902, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 1050, 3950 and 4902, Fish and Game Code.
HISTORY

1. New section filed 6-22-87; operative 6-22-87 (Register 87, No. 27). For history of former section 362, see Register 81, No. 20.
2. Amendment of subsections (d)-(f) filed 5-31-88; operative 5-31-88 (Register 88, No. 23).
3. Amendment of subsections (d) and (e) filed 6-22-90; operative 6-22-90 pursuant to section 215, Fish and Game Code (Register 90, No. 34).
4. Amendment filed 6-28-91; operative 6-28-91 (Register 91, No. 42).
5. Amendment of subsections (a)-(b), (d)-(e) filed 7-8-92; operative 7-8-92 pursuant to Fish and Game Code section 215 (Register 92, No. 28).
6. Amendment of subsections (b)(1), (d), (e)(1), (e)(2) and (f)(2) filed 6-23-93; operative 6-23-93 pursuant to Fish and Game Code sections 202 and 215 (Register 93, No. 26).
7. Amendment filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
8. Amendment of subsections (d), (e)(1)(B), (e)(2) and Note filed 6-9-95; operative 6-9-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 23).
9. Amendment filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
10. Amendment of subsections (b)(1), (d) and (e)(1), repealer of subsection (e)(1)(B) and amendment of subsection (e)(2) filed 6-26-97; operative 6-26-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 26).
11. Amendment filed 7-1-98; operative 7-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 27).
12. Amendmentof subsections (d), (e)(2) and (f)(8) filed 6-2-99; operative 6-2-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 23).
13. Amendment filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game Code sections 202 and 205 (Register 2000, No. 26).
14. Editorial correction of subsection (e)(2) (Register 2001, No. 10). 
15. Change without regulatory effect amending subsection (e)(2) filed 3-7-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 10).
16. Amendment of subsections (d)-(e)(1)(A) filed 5-21-2001; operative 6-1-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 21).
17. Amendment filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
18. Amendment of subsection (d) filed 6-24-2003; operative 7-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 26). 
19. Amendment filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
20. New subsections (a)(7) and (b)(1)(B), subsection relettering, new subsections (b)(1)(D) and (b)(2)(C) and amendment of subsection (d) filed 7-19-2005; operative 7-19-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 29).
21. Amendment of subsections (b)(1)(A)-(B) and (d) filed 6-30-2006; operative 6-30-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 26).
22. Amendment of subsection (d) filed 5-29-2007; operative 5-29-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
23. Amendment of subsection (b)(1)(A), repealer of subsection (b)(1)(B), subsection relettering and amendment of subsection (d) filed 6-20-2008; operative 6-20-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 25). 
24. Amendment of subsection (d) filed 6-12-2009; operative 7-1-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 24). 
25. Amendment of subsection (b)(1), new subsections (b)(2)-(b)(3)(A), subsection renumbering and amendment of subsection (d) filed 6-24-2010; operative 6-24-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 26). 
26. Amendment of subsections (a)(2)-(3), new subsections (a)(8)-(9) and amendment of subsections (b)(1)(A), (b)(2)-(b)(2)(A), (b)(4)(A), (d) and (e)(4) filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§363. Pronghorn Antelope.
Note     •     History

The Lava Beds National Monument and Federal and State Game Refuges lying within the hunt boundary are closed to pronghorn antelope hunting, except for the state's Hayden Hill (1S) and Blacks Mountain (1F) game refuges in Lassen County and the Clear Lake National Wildlife Refuge in Modoc County. Refer to subsection 363(b)(5) for special conditions for permission to enter and hunt pronghorn antelope in the Clear Lake National Wildlife Refuge.
(a) Zone 1--Mount Dome:
(1) Area: That portion of Siskiyou County within a line beginning at the junction of Interstate 5 and the California-Oregon state line; east along the California-Oregon state line to the Ainsworth Corners-Lava Beds National Monument Road; south along the Ainsworth Corners-Lava Beds National Monument Road to the Mammoth Crater-Medicine Lake Road; southwest along the Mammoth Crater-Medicine Lake Road to the Medicine Lake-Telephone Flat Road; east and south along the Medicine Lake-Telephone Flat Road to the Telephone Flat-Bartle Road; southwest along the Telephone Flat-Bartle Road to Highway 89; west along Highway 89 to Interstate 5; north along Interstate 5 to the California-Oregon state line to the point of beginning.
(2) Seasons:
(A) The general season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days.
(B) The archery only season shall open 14 days prior to the general season and continue for nine consecutive days.
(3) Bag and Possession Limit: One pronghorn antelope in a license year.
(4) Number of License Tags:
(A) General Season: 0 buck tags and 0 doe tags.
(B) Archery Only Season: 0 buck tags and 0 doe tags.
(b) Zone 2--Clear Lake:
(1) Area: Those portions of Modoc and Siskiyou counties within a line beginning at the junction of the Lava Beds National Monument Road and the California-Oregon state line at Ainsworth Corners; east along the California-Oregon state line to the Crowder Flat Road; south along the Crowder Flat Road to Modoc County Road 73; south along Modoc County Road 73 to Modoc County Road 136; west along Modoc County Road 136 to the Blue Mountain-Mowitz Road; west and south along the Blue Mountain-Mowitz Road to the Deadhorse Flat-Badger Well Road; southwest along the Deadhorse Flat-Badger Well Road to the Badger Well-Browns Well Road; south along the Badger Well-Browns Well Road to the Sorholus Tank-Hackamore Road; southwest along the Sorholus Tank-Hackamore Road to Highway 139; southeast along Highway 139 to Modoc County Road 91; south along Modoc County Road 91 to the Mud Lake-Mud Springs Road; west along the Mud Lake-Mud Springs Road to the North Main Road; southwest along the North Main Road to the Long Bell-Iodine Prairie Road at Long Bell Forest Service Station; northwest along the Long Bell-Iodine Prairie Road to the Bartle-Telephone Flat Road; north along the Bartle-Telephone Flat Road to the Telephone Flat-Medicine Lake Road; north and west along the Telephone Flat-Medicine Lake Road to the Medicine Lake-Mammoth Crater Road; northeast along the Medicine Lake-Mammoth Crater Road to the Lava Beds National Monument-Ainsworth Corners Road; north along the Lava Beds National Monument-Ainsworth Corners Road to the California-Oregon state line to the point of beginning.
(2) Seasons:
(A) The general season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days.
(B) The archery only season shall open 14 days prior to the general season and continue for nine consecutive days.
(3) Bag and Possession Limit: One pronghorn antelope in a license year.
(4) Number of License Tags:
(A) General Season: 10 buck tags and 0 doe tags.
(B) Archery Only Season: 1 buck tag and 0 doe tags.
(5) Special Conditions: The special regulations regarding the Peninsula “U” portion of the Clear Lake National Wildlife Refuge are summarized as follows:
(A) The area will be open on weekends and holidays only during the general season.
(B) Permission to enter this area must be obtained at the gate entrance located on the Clear Lake Road. Hunters for this area will be selected by public drawing. Persons selected for pronghorn antelope tags for Zone 2 (Clear Lake) may apply for this drawing by submitting an application upon receipt of their license tag to the Department of Fish and Game, 601 Locust Street, Redding, CA 96001. Applicants may apply as a party of two. Applications shall consist of the following: a standard U.S. Postal Service postcard with the applicant's tag number, name, address, city, zip code, area code, telephone number, and the notation “Application for Pronghorn Antelope Hunt Access Permit, Clear Lake Peninsula.” Applications must reach the Redding office before the close of the business day on the first Friday in August. Successful applicants will be notified. A two-party application will not be split. The specific number of hunters will be determined each year by the Department. No more than five hunters will be allowed on the area at any one time unless a party of two is drawn for the fifth place. If the fifth place is the first member of a party, then no more than six hunters will be allowed on the area at any time.
(C) The gate entrance will be open from 6:00 a.m. to one hour after sunset.
(D) The fence near the gate entrance constitutes the south boundary of the area.
(E) The specific number of pronghorn antelope to be taken from this area is determined by the number of pronghorn antelope present. This area will be closed once this number is reached.
(c) Zone 3--Likely Tables:
(1) Area: Those portions of Modoc and Lassen counties within a line beginning at the junction of the Crowder Flat Road and the California-Oregon state line; east along the California-Oregon state line to the crest of the Warner Mountains; south along the crest of the Warner Mountains to the Summit Trail at Pepperdine Camp; south along the Summit Trail to the South Warner Road near Patterson Forest Service Station; west along the South Warner Road to the Long Valley-Clarks Valley Road; south along the Long Valley-Clarks Valley Road to the Clarks Valley-Madeline Road; west along the Clarks Valley-Madeline Road to Highway 395 at the town of Madeline; north along Highway 395 to the Madeline-Adin Road; northwest along the Madeline-Adin Road to the Hunsinger Draw-Sweagert Flat Road; east and north along the Hunsinger Draw-Sweagert Flat Road to the Sweagert Flat-Hunters Ridge Road; north and west along the Sweagert Flat-Hunters Ridge Road to Highway 299 near Lower Rush Creek Recreation Site; north along Highway 299 to the Canby Bridge-Cottonwood Flat Road; northwest along the Canby Bridge-Cottonwood Flat Road to the Cottonwood Flat-Happy Camp Road; northwest along the Cottonwood Flat-Happy Camp Road to Modoc County Road 91; north along Modoc County Road 91 to Highway 139; north along Highway 139 to the Hackamore-Sorholus Tank Road; northeast along the Hackamore-Sorholus Tank Road to the Browns Well-Badger Well Road; north along the Browns Well-Badger Well Road to the Badger Well-Deadhorse Flat Road; northeast and east along the Badger Well-Deadhorse Flat Road to the Mowitz-Blue Mountain Road; north and east along the Mowitz-Blue Mountain Road to Modoc County Road 136; east along Modoc County Road 136 to Modoc County Road 73; north along Modoc County Road 73 to the Crowder Flat Road; north along the Crowder Flat Road to the California-Oregon state line, to the point of beginning.
(2) Seasons:
(A) Period One of the general season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days. Period Two of the general season shall open on the first Saturday in September and continue for nine consecutive days.
(B) The archery only season shall open 14 days prior to the earliest general season and continue for nine consecutive days.
(3) Bag and Possession Limit: One pronghorn antelope in a license year.
(4) Number of License Tags:
(A) General Season: Period One: 40 buck tags and 0 doe tags. Period Two: 35 buck tags and 0 doe tags.
(B) Archery Only Season: 8 buck tags and 0 doe tags.
(d) Zone 4--Lassen:
(1) Area: Those portions of Lassen, Plumas and Shasta counties within a line beginning at the junction of Highway 36 and the Juniper Lake Road in the town of Chester; north along the Juniper Lake Road to the Lassen National Park boundary; north and west along the Lassen National Park boundary to Highway 89; north along Highway 89 to U.S. Forest Service Road 22 near the Hat Creek Ranger Station; east along U.S. Forest Service Road 22 to U.S. Forest Service Road 35N06; east and north along U.S. Forest Service Road 35N06 to the State Game Refuge 1S boundary; northwest along the State Game Refuge 1S boundary to the Coyote Canyon-Dixie Valley Road; northwest along the Coyote Canyon-Dixie Valley Road to the Dixie Valley-Boyd Hill Road; northwest along the Dixie Valley-Boyd Hill Road to the Snag Hill-Hayden Hill Road; northeast and north along the Snag Hill-Hayden Hill Road to Highway 139; southeast on Highway 139 to the Willow Creek-Hunsinger Flat Road; northeast and northwest along the Willow Creek-Hunsinger Flat Road to the Adin-Madeline Road; southeast along the Adin-Madeline Road to Highway 395 at the town of Madeline; south along Highway 395 to the Madeline-Clarks Valley Road; east along the Madeline-Clarks Valley Road to the Clarks Valley-Tuledad Road; east and southeast along the Clarks Valley-Tuledad Road to the California-Nevada state line; south along the California-Nevada state line to the Lassen-Sierra county line; west along the Lassen-Sierra county line to the Lassen-Plumas county line; north and west along the Lassen-Plumas county line to Highway 36; west along Highway 36 to the Juniper Lake Road, to the point of beginning.
(2) Seasons:
(A) Period One of the general season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days. Period Two of the general season shall open on the first Saturday in September and continue for nine consecutive days.
(B) The archery only season shall open 14 days prior to the earliest general season and continue for nine consecutive days.
(3) Bag and Possession Limit: One pronghorn antelope in a license year.
(4) Number of License Tags:
(A) General Season: Period One: 50 buck tags and 0 doe tags. Period Two: 50 buck tags and 0 doe tags.
(B) Archery Only Season: 10 buck tags and 0 doe tags.
(e) Zone 5--Big Valley:
(1) Area: Those portions of Modoc, Lassen, Shasta and Siskiyou counties within a line beginning at the intersection of Highways 299 and 89; north and northwest along Highway 89 to the Bartle-Telephone Flat Road; northeast along the Bartle-Telephone Flat Road to the Iodine Prairie-Long Bell Road; southeast along the Iodine Prairie-Long Bell Road to the North Main Road at Long Bell Forest Service Station; northeast along the North Main Road and the Mud Springs-Mud Lake Road to Modoc County Road 91; south along Modoc County Road 91 to the Happy Camp-Cottonwood Flat Road; southeast along the Happy Camp-Cottonwood Flat Road to the Cottonwood Flat-Canby Bridge Road; southeast along the Cottonwood Flat-Canby Bridge Road to Highway 299; south along Highway 299 to the Hunters Ridge-Sweagert Flat Road near Lower Rush Creek Recreation Site; east and south along the Hunters Ridge-Sweagert Flat Road to the Sweagert Flat-Hunsinger Draw Road; south and west along the Sweagert Flat-Hunsinger Draw Road to the Adin-Madeline Road; southeast along the Adin-Madeline Road to the Hunsinger Flat-Willow Creek Road; southeast and southwest along the Hunsinger Flat-Willow Creek Road to Highway 139; northwest along Highway 139 to the Hayden Hill-Snag Hill Road; south and southwest along the Hayden Hill-Snag Hill Road to the Boyd Hill-Dixie Valley Road; southeast along the Boyd Hill-Dixie Valley Road to the Dixie Valley-Coyote Canyon Road; southeast along the Dixie Valley-Coyote Canyon Road to the State Game Refuge 1S boundary; southeast along the State Game Refuge 1S boundary to U.S. Forest Service Road 35N06; south and west along U.S. Forest Service Road 35N06 to U.S. Forest Service Road 22; west along U.S. Forest Service Road 22 to Highway 89 near the Hat Creek Ranger Station; north along Highway 89 to Highway 299, to the point of beginning.
(2) Seasons:
(A) The general season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days.
(B) The archery only season shall open 14 days prior to the earliest general season and continue for nine consecutive days.
(3) Bag and Possession Limit: One pronghorn antelope in a license year.
(4) Number of License Tags:
(A) General Season: 8 buck tags and 0 doe tags.
(B) Archery Only Season: 1 buck tag and 0 doe tags.
(f) Zone 6--Surprise Valley:
(1) Area: Those portions of Modoc and Lassen counties within a line beginning at the intersection of the crest of the Warner Mountains and the California-Oregon state line; east along the California-Oregon state line to the California-Nevada state line; south along the California-Nevada state line to the Tuledad-Clarks Valley Road; west and northwest along the Tuledad-Clarks Valley Road to the Clarks Valley-Long Valley Road; north on the Clarks Valley-Long Valley Road to the South Warner Road; east along the South Warner Road to the Summit Trail near Patterson Guard Station; north along the Summit Trail to the crest of the Warner Mountains at Pepperdine Camp; north along the crest of the Warner Mountains to the California-Oregon state line to the point of beginning.
(2) Seasons:
(A) The general season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days.
(B) The archery only season shall open 14 days prior to the general season and continue for nine consecutive days.
(3) Bag and Possession Limit: One pronghorn antelope in a license year.
(4) Number of License Tags:
(A) General Season: 10 buck tags and 0 doe tags.
(B) Archery Only Season: 1 buck tag.
(g) Big Valley Pronghorn Antelope Apprentice Hunt:
(1) Area: Those portions of Modoc, Lassen, Shasta and Siskiyou counties within a line beginning at the intersection of Highway 299 and 89; north and northwest along Highway 89 to the Bartle-Telephone Flat Road; northeast along the Bartle-Telephone Flat Road to the Iodine Prairie-Long Bell Road; southeast along the Iodine Prairie-Long Bell Road to the North Main Road at Long Bell Forest Service Station; northeast along the North Main Road and the Mud Springs-Mud Lake Road to Modoc County Road 91; south along Modoc County Road 91 to the Happy Camp-Cottonwood Flat Road; southeast along the Happy Camp-Cottonwood Flat Road to the Cottonwood Flat-Canby Bridge Road; southeast along the Cottonwood Flat-Canby Bridge Road to Highway 299; south along Highway 299 to the Hunters Ridge-Sweagert Flat Road near Lower Rush Creek Recreation Site; east and south along the Hunters Ridge-Sweagert Flat Road to the Sweagert Flat-Hunsinger Draw Road; south and west along the Sweagert Flat-Hunsinger Draw Road to the Adin-Madeline Road; southeast along the Adin-Madeline Road to the Hunsinger Flat-Willow Creek Road; southeast and southwest along the Hunsinger Flat-Willow Creek Road to Highway 139; northwest along Highway 139 to the Hayden Hill-Snag Hill Road; south and southwest along the Hayden Hill-Snag Hill Road to the Boyd Hill-Dixie Valley Road; southeast along the Boyd Hill-Dixie Valley Road to the Dixie Valley-Coyote Canyon Road; southeast along the Dixie Valley-Coyote Canyon Road to the State Game Refuge 1S boundary; southeast along the State Game Refuge 1S boundary to U.S. Forest Service Road 35N06; south and west along U.S. Forest Service Road 35N06 to U.S. Forest Service Road 22; west along U.S. Forest Service Road 22 to Highway 89 near the Hat Creek Ranger Station; north along Highway 89 to Highway 299, to the point of beginning.
(2) Season: The season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days.
(3) Bag and Possession Limit: One pronghorn antelope in a license year.
(4) Number of License Tags: 1 either-sex tag.
(5) Special Conditions: Tagholders wishing to hunt the Ash Creek Wildlife Area may contact Ash Creek Wildlife Area by telephone at (530) 294-5824, and shall attend an orientation meeting before hunting. Only persons possessing valid junior hunting licenses and apprentice hunt license tags may hunt during the pronghorn antelope apprentice hunt season in the Ash Creek Wildlife Area. Tagholders shall be accompanied by a nonhunting, licensed adult chaperon 18 years of age or older while hunting.
(h) Lassen Pronghorn Antelope Apprentice Hunt:
(1) Area: Those portions of Lassen, Plumas and Shasta counties within a line beginning at the junction of Highway 36 and the Juniper Lake Road in the town of Chester; north along the Juniper Lake Road to the Lassen National Park boundary; north and west along the Lassen National Park boundary to Highway 89; north along Highway 89 to U.S. Forest Service Road 22 near the Hat Creek Ranger Station; east along U.S. Forest Service Road 22 to U.S. Forest Service Road 35N06; east and north along U.S. Forest Service Road 35N06 to the State Game Refuge 1S boundary; northwest along the State Game Refuge 1S boundary to the Coyote Canyon-Dixie Valley Road; northwest along the Coyote Canyon-Dixie Valley Road to the Dixie Valley-Boyd Hill Road; northwest along the Dixie Valley-Boyd Hill Road to the Snag Hill-Hayden Hill Road; northeast and north along the Snag Hill-Hayden Hill Road to Highway 139; southeast on Highway 139 to the Willow Creek-Hunsinger Flat Road; northeast and northwest along the Willow Creek-Hunsinger Flat Road to the Adin-Madeline Road; southeast along the Adin-Madeline Road to Highway 395 at the town of Madeline; south along Highway 395 to the Madeline-Clarks Valley Road; east along the Madeline-Clarks Valley Road to the Clarks Valley-Tuledad Road; east and southeast along the Clarks Valley-Tuledad Road to the California-Nevada state line; south along the California-Nevada state line to the Lassen-Sierra county line; west along the Lassen-Sierra county line to the Lassen-Plumas county line; north and west along the Lassen-Plumas county line to Highway 36, west along Highway 36 to the Juniper Lake Road, to the point of beginning. The Honey Lake Wildlife Area shall not be open to antelope apprentice hunt tag holders.
(2) Season: The season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days.
(3) Bag and Possession Limit: One pronghorn antelope in a license year.
(4) Number of License Tags: 5 either-sex tags.
(i) Surprise Valley Pronghorn Antelope Apprentice Hunt:
(1) Area: Those portions of Modoc and Lassen counties within a line beginning at the intersection of the crest of the Warner Mountains and the California-Oregon state line; east along the California-Oregon state line to the California-Nevada state line; south along the California-Nevada state line to the Tuledad-Clarks Valley Road; west and northwest along the Tuledad-Clarks Valley Road to the Clarks Valley-Long Valley Road; north on the Clarks Valley-Long Valley Road to the South Warner Road; east along the South Warner Road to the Summit Trail near Patterson Guard Station; north along the Summit Trail to the crest of the Warner Mountains at Pepperdine Camp; north along the crest of the Warner Mountains to the California-Oregon state line to the point of beginning.
(2) Season: The season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days.
(3) Bag and Possession Limit: One pronghorn antelope in a license year.
(4) Number of License Tags: 4 either-sex tags.
(5) Special Conditions: Tagholders must possess valid junior hunting licenses and apprentice hunt license tags. Tagholders shall be accompanied by a nonhunting, licensed adult chaperon 18 years of age or older while hunting.
(j) Likely Tables Pronghorn Antelope Apprentice Hunt
(1) Area: Those portions of Modoc and Lassen counties within a line beginning at the junction of the Crowder Flat Road and the California-Oregon state line; east along the California-Oregon state line to the crest of the Warner Mountains; south along the crest of the Warner Mountains to the Summit Trail at Pepperdine Camp; south along the Summit Trail to the South Warner Road near Patterson Forest Service Station; west along the South Warner Road to the Long Valley-Clarks Valley Road; south along the Long Valley-Clarks Valley Road to the Clarks Valley-Madeline Road; west along the Clarks Valley-Madeline Road to Highway 395 at the town of Madeline; north along Highway 395 to the Madeline-Adin Road; northwest along the Madeline-Adin Road to the Hunsinger Draw-Sweagert Flat Road; east and north along the Hunsinger Draw-Sweagert Flat Road to the Sweagert Flat-Hunters Ridge Road; north and west along the Sweagert Flat-Hunters Ridge Road to Highway 299 near Lower Rush Creek Recreation Site; north along Highway 299 to the Canby Bridge-Cottonwood Flat Road; northwest along the Canby Bridge-Cottonwood Flat Road to the Cottonwood Flat-Happy Camp Road; northwest along the Cottonwood Flat-Happy Camp Road to Modoc County Road 91; north along Modoc County Road 91 to Highway 139; north along Highway 139 to the Hackamore-Sorholus Tank Road; northeast along the Hackamore-Sorholus Tank Road to the Browns Well-Badger Well Road; north along the Browns Well-Badger Well Road to the Badger Well-Deadhorse Flat Road; northeast and east along the Badger Well-Deadhorse Flat Road to the Mowitz-Blue Mountain Road; north and east along the Mowitz-Blue Mountain Road to Modoc County Road 136; east along Modoc County Road 136 to Modoc County Road 73; north along Modoc County Road 73 to the Crowder Flat Road; north along the Crowder Flat Road to the California-Oregon state line, to the point of beginning. 
(2) Seasons: The season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days. 
(3) Bag and Possession Limit: One pronghorn antelope in a license year. 
(4) Number of License Tags: 5 either-sex tags. 
(5) Special Conditions: Tagholders must possess valid junior hunting licenses and apprentice hunt license tags. Tagholders shall be accompanied by a nonhunting, licensed adult chaperon 18 years of age or older while hunting. 
(k) Fund-raising Hunt:
(1) Area: Those portions of Lassen, Modoc, Plumas, Shasta, and Siskiyou counties described as zones 1 through 6 in subsections 363(a) through (f).
(2) Season: The season for the Fund-Raising Hunt shall open on the Saturday before the first Wednesday in August and continue for 51 consecutive days.
(3) Bag and Possession Limit: One pronghorn antelope in a license year.
(4) Number of License Tags: 2 buck tags.
(l) Conditions:
(1) Pronghorn antelope license tags do not give the tagholders the right of entry onto privately-owned lands.
(2) Buck pronghorn antelope are defined as pronghorn antelope with horns longer than the ears. Doe pronghorn antelope are defined as pronghorn antelope with horns shorter than the ears. Either-sex pronghorn antelope are defined as buck or doe pronghorn antelope.
(3) Shooting time shall be from one-half hour before sunrise to one-half hour after sunset.
(4) Method of take:
(A) The holder of any archery-only pronghorn antelope license tag may only take pronghorn antelope using archery equipment, as defined in Section 354 of these regulations.
(B) The holder of a general season, fund-raising hunt season, or junior hunt season license tag may take pronghorn antelope using legal firearms and archery equipment as described in sections 353 and 354 of these regulations.
(5) Any person taking any pronghorn antelope shall retain that portion of the head, which bears the horns during the open season and for 15 days thereafter, and shall produce it upon the demand of any officer authorized to enforce the provisions of these regulations.
(6) No person shall at any time capture or destroy any pronghorn antelope and detach or remove from the carcass only the head, hide or horns; nor shall any person at any time leave through carelessness or neglect any pronghorn antelope which is in his possession or any portion of the flesh thereof usually eaten by humans, to go needlessly to waste.
(7) Prior to the acceptance or issuance of a pronghorn antelope license tag, all tagholders shall consent in writing to the terms and conditions set forth on the license tag.
(m) Pronghorn Antelope Tag Allocations Table.

2011 Pronghorn Antelope
Tag Allocations

	Hunt Area	           Archery-Only Season		        General Season
				          Period 1		          Period 2
		Buck	Doe	Buck	Doe	Buck	Doe

Zone 1 -- Mount Dome	0	0	0	0	0	0

Zone 2 -- Clear Lake	1	0	10	0	0	0

Zone 3 -- Likely Tables	8	0	40	0	35	0

Zone 4 -- Lassen	10	0	50	0	50	0

Zone 5 -- Big Valley	1	0	8	0	0	0

Zone 6 -- Surprise Valley	1	0	10	0	0	0

Likely Tables Apprentice Hunt	      N/A		           5 Either-Sex		         0

Big Valley Apprentice Hunt	      N/A		           1 Either-Sex		         0

Lassen Apprentice Hunt	      N/A		           5 Either-Sex		         0

Surprise Valley Apprentice Hunt	      N/A		           4 Either-Sex		         0

Fund-Raising Hunt	      N/A		        	          2 Buck
NOTE

Authority cited: Sections 219, 220, 331, 1050 and 10502, Fish and Game Code. Reference: Sections 331, 713, 1050, 10500 and 10502, Fish and Game Code.
HISTORY

1. Amendment of subsections (e)-(g) filed 5-31-88; operative 5-31-88 (Register 88, No. 23). For prior history, see Register 87, No. 27.
2. Amendment of subsections (e) and (f) filed 6-19-89; operative 6-19-89 (Register 89, No. 27).
3. Amendment filed 6-22-90; operative 6-22-90 pursuant to section 215, Fish and Game Code (Register 90, No. 34).
4. Amendment of section filed 6-28-91; operative 6-28-91 (Register 91, No. 42).
5. Amendment of subsections (a)(5), (b)-(f) and (g)(4) and Note filed 7-8-92; operative 7-8-92 pursuant to Fish and Game Code section 215 (Register 92, No. 28).
6. Amendment filed 6-23-93; operative 6-23-93 pursuant to Fish and Game Code sections 202 and 215 (Register 93, No. 26).
7. Amendment filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
8. Amendment of subsections (a)(9), (b)(2), (d), (e)(1) and Note filed 6-9-95; operative 6-9-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 23).
9. Amendment filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
10. Amendment of subsection (d), table, subsection (e)(1), new subsection (e)(2) designator, subsection renumbering, and amendment of newly designated subsection (e)(2) filed 6-26-97; operative 6-26-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 26).
11. Amendment filed 7-1-98; operative 7-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 27).
12. Amendment filed 6-2-99; operative 6-2-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 23).
13. Amendment filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game Code sections 202 and 205 (Register 2000, No. 26).
14. Editorial correction of subsection (k)(2) (Register 2001, No. 10). 
15. Change without regulatory effect amending subsections (k)(1)-(2) filed 3-7-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 10).
16. Amendment of subsections (a)(4)(A), (j)(4)--Table and (k)(2) filed 5-21-2001; operative 6-1-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 21).
17. Amendment filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
18. Amendment filed 6-24-2003; operative 7-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 26). 
19. Amendment filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
20. Amendment of subsections (a)(4)(A), (b)(4)(A), (c)(4)(A)-(B), (d)(4)(A)-(B), (e)(4)(A), (i)(4) and (l) filed 7-19-2005; operative 7-19-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 29).
21. Amendment of subsections (c)(4)(B), (e)(4)(A), (g)(4), (h)(5) and (l) filed 6-30-2006; operative 6-30-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 26).
22. Amendment of subsections (b)(5)(B), (c)(4)(A)-(B), (d)(4)(A)-(B), (f)(4)(A) and (h)(1), repealer of subsection (h)(5) and amendment of subsection (l) filed 5-29-2007; operative 5-29-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
23. Amendment of subsections (c)(4)(B), (f)(4)(A), (g), (g)(5), (h), (h)(1), (i), (i)(5) and (l) filed 6-20-2008; operative 6-20-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 25). 
24. Amendment of subsections (a)(4)(A), (c)(4)(A)-(B), (d)(4)(A)-(B), (e)(4)(A) and (l) filed 6-12-2009; operative 7-1-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 24). 
25. Amendment filed 6-24-2010; operative 6-24-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 26). 
26. Amendment of subsections (b)(4)(B), (d)(4)(A), (e)(4)(B), (f)(4)(B), (g)(4) and (m) filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§364. Elk.
Note     •     History

(a) Siskiyou Roosevelt Elk Hunt:
(1) Area: In that portion of Siskiyou County beginning at the junction of Interstate Highway 5 with the California-Oregon state line; east along the state line to Hill Road at Ainsworth Corner; south along Hill Road to Lava Beds National Monument Road; south along Lava Beds National Monument Road to USDA Forest Service Road 49; south along USDA Forest Service Road 49 to USDA Forest Service Road 77; west along USDA Forest Service Road 77 to USDA Forest Service Road 15 (Harris Spring Road); south along USDA Forest Service Road 15 to USDA Forest Service Road 13 (Pilgrim Creek Road); southwest along USDA Forest Service Road 13 to Highway 89; northwest along Highway 89 to Interstate Highway 5; north along Interstate Highway 5 to the point of beginning.
(2) Season: 
(A) The season shall open on Wednesday preceding the second Saturday in September and continue for 12 consecutive days.
(B) The Fund Raising season shall open on the Wednesday preceding the first Saturday in September and continue for 19 consecutive days.
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of License Tags: 15 bull tags and 15 antlerless tags.
(b) Northeastern California Rocky Mountain Elk Hunt:
(1) Area: Those portions of Siskiyou, Modoc, Lassen, and Shasta counties within a line beginning in Siskiyou County at the junction of the California-Oregon state line and Hill Road at Ainsworth Corner; east along the California-Oregon state line to the California-Nevada state line; south along the California-Nevada state line to the Tuledad-Red Rock-Clarks Valley Road (Lassen County Roads 506, 512 and 510); west along the Tuledad-Red Rock-Clarks Valley Road to Highway 395 at Madeline; west on USDA Forest Service Road 39N08 to the intersection of Highway 139/299 in Adin; south on Highway 139 to the intersection of Highway 36 in Susanville; west on Highway 36 to the intersection of Interstate 5 in Red Bluff; north on Interstate 5 to Highway 89; southeast along Highway 89 to USDA Forest Service Road 13 (Pilgrim Creek Road); northeast along USDA Forest Service Road 13 to USDA Forest Service Road 15 (Harris Spring Road); north along USDA Forest Service Road to USDA Forest Service Road 77; east along USDA Forest Service Road 77 to USDA Forest Service Road 49; north along USDA Forest Service Road 49 to Lava Beds National Monument Road; north along Lava Beds National Monument Road to Hill Road; north along Hill Road to the point of beginning.
(2) Season:
(A) The General and Apprentice Hunt season shall open on the Wednesday preceding the third Saturday in September and continue for 12 consecutive days. 
(B) The Archery Only Season shall open on the Wednesday preceding the first Saturday in September and continue for 12 consecutive days. 
(C) The Fund Raising season shall open on the Wednesday preceding the last Saturday in August and continue for 33 consecutive days. 
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of License Tags:
(A) General Season: 15 bull tags and 5 antlerless tags. 
(B) Archery Only Season: 10 either-sex tags. 
(C) Apprentice Hunt: 2 either-sex tags.
(5) Special Conditions: Elk may be taken during the Northeastern California Rocky Mountain Elk Hunt, Archery Only Season, with Archery Equipment only as specified in Section 354. Only persons possessing valid junior hunting licenses may apply for Apprentice Hunt License tags. Apprentice Hunt tagholders shall be accompanied by a nonhunting, licensed adult chaperon 18 years of age or older while hunting.
(c) Del Norte Roosevelt Elk Hunt:
(1) Area: Those portions of Del Norte County owned or leased by the Green Diamond Resource Company within a line beginning at the intersection of Highway 101 and the California-Oregon state line; south along Highway 101 to North Bank Road; southeast along North Bank Road to High Divide Road; northeast along High Divide Road to North Fork Smith River/Wimer Road; north along North Fork Smith River/Wimer Road to the California Oregon state line; west along the California-Oregon state line to the point of beginning.
(2) Season: The season shall open on the last Wednesday in August and continue for 10 consecutive days.
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of License Tags: 5 bull tags and 10 antlerless tags.
(5) Special Conditions: All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags.
(d) Marble Mountains Roosevelt Elk Hunt
(1) Area: In those portions of Humboldt, Tehama, Trinity, Shasta and Siskiyou counties beginning at the intersection of Interstate Highway 5 and the California-Oregon state line; west along the state line to the Del Norte County line; south along the Del Norte County line to the intersection of the Siskiyou-Humboldt county lines; east along the Siskiyou-Humboldt county lines to Highway 96; south along Highway 96 to Highway 299; south along Highway 299 to the Intersection of the Humboldt/Trinity County line; south along the Humboldt Trinity County Line to the intersection of Highway 36; east along Highway 36 to the intersection of Interstate 5; north on Interstate Highway 5 to the point of beginning. 
(2) Season: 
(A) The General and Apprentice Hunt season shall open on the Wednesday preceding the second Saturday in September and continue for 12 consecutive days.
(B) The Fund Raising season shall open on the Wednesday preceding the first Saturday in September and continue for 19 consecutive days. 
(C) The combination archery/muzzleloader only season shall open on the last Saturday in October and extend for 9 consecutive days. 
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of License Tags:
(A) General Hunt: 35 bull and 10 antlerless tags. 
(B) Apprentice Hunt: 2 either-sex tags.
(C) Archery/Muzzleloader Hunt: 5 either-sex tags. 
(D) Special Conditions: Only persons possessing valid junior hunting licenses may apply for Apprentice Hunt license tags. Apprentice Hunt tagholders shall be accompanied by a nonhunting, licensed adult chaperon 18 years of age or older while hunting.
(E) Elk may be taken during the Archery/Muzzleloader hunt using archery and muzzleloading equipment only, as specified in Section 353 and 354.
(e) Klamath Roosevelt Elk Hunt:
(1) Area: Those portions of Humboldt and Del Norte counties owned or leased by the Green Diamond Resource Company within a line beginning at the intersection of Highway 101 and the Klamath River; south on Highway 101 to South Klamath Beach Road; west on South Klamath Beach Road to the Redwood National Park boundary; southwest and south along the Redwood National Park boundary to Highway 101; south on Highway 101 to the Redwood National Park boundary; southeast along the Redwood National Park boundary to the Bald Hills Road; southeast along the Bald Hills Road to the Klamath River; northwest along the Klamath River to the point of beginning.
(2) Season: The season shall open on the first Wednesday in September and continue for 10 consecutive days.
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of License Tags: 10 bull tags and 10 antlerless tags. 
(5) Special Conditions: All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags.
(f) Big Lagoon Roosevelt Elk Hunt:
(1) Area: In that portion of Humboldt County owned or leased by the California Redwood Company and the Green Diamond Resource Company within a line beginning at the intersection of Highway 101 and Hiltons Road; south on Hiltons Road to the western boundary of Redwood National Park; south and east along the western to its southern tip; north and east along the eastern boundary of Redwood National Park to Redwood Creek; south along Redwood Creek to Highway 299; east along Highway 299 to Forest Service Road 1; south along Forest Service Road 1 to Roddiscraft Road; west along Roddiscraft Road to the intersection of Snow Camp Road and the power line road within the right-of-way of Humboldt-Trinity 115 Line and Trinity-Maple Creek 60 Line power line; west along the power line road within the right-of-way of the Humboldt-Trinity 115 Line and Trinity-Maple Creek 60 Line to Maple Creek Road; south along Maple Creek Road to Butler Valley Road; west along Butler Valley Road to Fickle Hill Road; north along Fickle Hill Road to Bayside Road; west along Bayside Road and 7th Street to Highway 101; north along Highway 101 to point of beginning.
(2) Season: The season shall open the last Wednesday in August and continue for 10 consecutive days.
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of License Tags: 5 bull and 5 antlerless tags. 
(5) Special Conditions: All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags.
(g) Owens Valley Tule Elk Hunt:
(1) Area:
(A) Bishop Zone: In that portion of Inyo County beginning at the junction of Highway 395 and Highway 6 in the town of Bishop; north and east along Highway 6 to the junction of Silver Canyon Road; east along Silver Canyon Road to the White Mountain Road (Forest Service Road 4S01); south along the White Mountain Road to Highway 168 at Westgard Pass; south and west along Highway 168 to the junction of Highway 395; north on Highway 395 to the point of beginning.
(B) Lone Pine Zone: In that portion of Inyo County beginning at the junction of Highway 395 and Mazourka Canyon Road; east and then north on Mazourka Canyon Road to the Inyo National Forest Boundary at the junction of the southern boundary of Township 12S and the northern boundary of Township 13S; east along the southern boundary of Township 12S to Saline Valley Road; south on Saline Valley Road to Highway 190; north and then southwest on Highway 190 to the junction of Highway 395 at Olancha; north on Highway 395 to the point of beginning.
(C) Independence Zone: In that portion of Inyo County beginning at the junction of Highway 395 and Aberdeen Station Road; east on Aberdeen Station Road to its terminus at the southern boundary of Section 5, Township 11S, Range 35E; east along the southern boundary of sections 5, 4, 3, and 2, Township 11S, Range 35E to the Papoose Flat Road at Papoose Flat; south and east on Papoose Flat Road to Mazourka Canyon Road; south and then west on Mazourka Canyon Road to Highway 395; west along Onion Valley Road to the intersection of the Section 25 Township 13S, Range 33E; south along the eastern boundary of Section 25 Township 13S, Range 33E to the southern boundary of Section 25 Township 13S, Range 33E; west along the southern boundary of sections 27, 26, 25 Township 13S, Range 33E to the Inyo County line; North along the Inyo County Line to Taboose Creek; east along Taboose Creek to the intersection of Highway 395; south along Highway 395 to the point of beginning.
(D) Tinemaha Zone: In that portion of Inyo County beginning at the junction of Highway 395 and Highway 168 in the town of Big Pine; north and east along Highway 168 to the junction of the Death Valley Road; south and east along the Death Valley Road to the junction of the Papoose Flat Road; south along the Papoose Flat Road to the southern boundary of Section 2, Township 11S, Range 35E; west along the southern boundaries of sections 2, 3, 4 and 5 to the terminus of the Aberdeen Station Road in Section 5, Township 11S, Range 35E; south and west along the Aberdeen Station Road to Highway 395; north along Highway 395 to the point of beginning.
(E) West Tinemaha Zone: In that portion of Inyo County beginning at the junction of Highway 395 and Highway 168 in the town of Big Pine; south along Highway 395 to the north junction of Fish Springs Road; south along Fish Springs Road to the junction of Highway 395; south along Highway 395 to Taboose Creek in Section 14, Township 11S, Range 34E; west along Taboose Creek to the Inyo County line; north and west along the Inyo County line to the intersection of Tinemaha Creek; east along Tinemaha Creek to the intersection of McMurray Meadow Road; north on McMurray Meadow Road to the intersection of Glacier Lodge Road; north and east on Glacier Lodge Road to Crocker Avenue; east along Crocker Avenue to Highway 395; north along Highway 395 to the point of beginning.
(F) Tinemaha Mountain Zone: In that portion of Inyo County with a line beginning at the intersection of Glacier Lodge Road (9S21) and McMurray Meadow Road (9S03); south on McMurray Meadow Road to Tinemaha Creek; west along Tinnemaha Creek to the Inyo County line; north and west along the Inyo County line to the southeast corner of Section 23, Township 10S, Range 32E; north along the eastern boundaries of sections 23, 14, 11, 2, Township 10S, Range 32E, and the eastern boundary of Section 36, Township 9S, Range 32E to Glacier Lodge Road; east along Glacier Lodge Road to the beginning.
(G) Whitney Zone: In that portion of Inyo County with a line beginning at the intersection of Highway 395 and Onion Valley Road; south on Highway 395 to the intersection of Whitney Portal Road; west along Whitney Portal Road to the northern boundary of Section 36, Township 15S, Range 34E; west along the northern boundary of sections 36, 35, 34 and 33 Township 15S, Range 34 E to the Inyo County Line; north along the Inyo County Line to the intersection of Section 27 Township 13S, range 33E; east along the southern boundary of sections 27, 26 and 25 Township 13S, Range 33E; north along the eastern boundary of Section 25 Township 13S, Range 33E to the intersection of Onion Valley Road; east along Onion Valley Road to the point of beginning.
(H) The Owens Valley fund-raising license tag shall be valid in any zone described in subsections 364(g)(1)(A), (B), (C), (D), (E), (F), and (G).
(I) The Owens Valley archery only license tags shall be valid in any zone described in subsections 364(g)(1)(A), (B), (C), (F) and (G). 
(J) The Bishop Muzzleloader Only license tags shall be valid in the Bishop zone described in subsection 364(g)(1)(A) only during periods listed in (2)(A). The Independence Muzzleloader Only license tags shall be valid in the Independence zone described in subsection 364(g)(1)(C) only during periods listed in (2)(A).
(K) The Tinemaha Archery Only license tags shall be valid in the Tinemaha zone described in subsections 364(g)(1)(D) only during periods listed in (2)(A). The Lone Pine Archery Only license tags shall be valid in the Lone Pine zone described in subsection 364(g)(1)(B) only during periods listed in (2)(A). The Whitney Archery Only license tags shall be valid in the Whitney zone described in subsection 364(g)(1)(G) only during periods listed in (2)(A).
(L) The apprentice hunt license tags shall be valid in the Bishop zone described in subsections 364(g)(1)(A) only during periods listed in (2)(B).
(2) Seasons:
(A) For Period One, the season for the Bishop, Lone Pine, Independence, Tinemaha, Tinemaha Mountain, West Tinemaha, and Whitney zones shall open on the second Saturday in September and extend for 16 consecutive days.
(B) For Period Two, the season for the Bishop, Lone Pine, Independence, Tinemaha, Tinemaha Mountain, West Tinemaha, and Whitney zones shall open on the first Saturday in October and extend for 9 consecutive days.
(C) For Period Three, the season for the Bishop, Lone Pine, Independence, Tinemaha, Tinemaha Mountain, West Tinemaha, and Whitney zones shall open on the third Saturday in October and extend for 9 consecutive days.
(D) For Period Four, the season for the Bishop, Lone Pine, Independence, Tinemaha, Tinemaha Mountain, West Tinemaha, and Whitney zones shall open on the first Saturday in November and extend for 9 consecutive days. 
(E) For Period Five, the season for the Bishop, Lone Pine, Independence, Tinemaha, Tinemaha Mountain, West Tinemaha, and Whitney  zones shall open on the first Saturday in December and continue for 9 consecutive days.
(F) The Owens Valley Multiple Zone Archery Only season shall open on the second Saturday in August and extend for 9 consecutive days
(G) Fund-raising Hunt: The Owens Valley Fund-raising Hunt shall open on the last Saturday in July and extend for 30 consecutive days.
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of Tags:
(A) Period One: Bishop Zone -- 2 bull tags and 3 antlerless tags. Lone Pine Zone -- 2 bull tags and 3 antlerless tags. Independence Zone -- 2 bull tags and 3 antlerless tags. Tinemaha Zone -- 2 bull tags and 0 antlerless tags. West Tinemaha zone -- 2 bull tags and 0 antlerless tags. Tinemaha Mountain Zone -- 0 bull tags. Whitney Zone -- 0 bull tags and 0 antlerless tags. 
(B) Period Two: Bishop Zone -- 0 bull tags and 3 antlerless tags. Independence Zone -- 0 bull tags and 0 antlerless tags. Lone Pine Zone -- 2 bull tags and 3 antlerless tags. Tinemaha Zone -- 0 bull tags and 2 antlerless tags. West Tinemaha Zone -- 5 antlerless tags and 2 bull tags. Tinemaha Mountain Zone -- 0 bull tags. Whitney Zone -- 1 bull tag and 0 antlerless tags.
(C) Period Three: Bishop Zone -- 3 bull tags and 3 antlerless tags. Independence Zone -- 0 bull tags and 3 antlerless tags. Lone Pine Zone -- 0 bull tags and 3 antlerless tags. Tinemaha Zone -- 0 bull tags and 2 antlerless tags. West Tinemaha Zone -- 0 bull tags and 5 antlerless tags. Tinemaha Mountain Zone -- 1 bull tag. Whitney Zone -- 0 bull tags and 2 antlerless tags. 
(D) Period Four: Bishop Zone -- 0 bull tags and 3 antlerless tags. Independence Zone -- 0 bull tags and 3 antlerless tags. Lone Pine Zone -- 0 bull tags and 3 antlerless tags. Tinemaha Zone -- 0 bull tags and 0 antlerless tags. West Tinemaha Zone --  0 bull tags and 5 antlerless tags. Tinemaha Mountain Zone -- 1 bull tag. Whitney Zone -- 0 bull tags and 2 antlerless tags. 
(E) Period Five: Bishop Zone --0 bull tags and 3 antlerless tags. Independence Zone -- 0 bull tags and 3 antlerless tags. Lone Pine Zone -- 0 bull tags and 0 antlerless tags. Tinemaha Zone 0 bull tags and 0 antlerless tags. West Tinemaha Zone -- 0 bull tags and 0 antlerless tags. Tinemaha Mountain Zone -- 0 bull tags. Whitney Zone 0 bull tags and 0 antlerless tags. 
(F) Archery Only Season: 5 bull tags and 0 antlerless tags.
(G) Fund-raising Hunt: 1 bull tag.
(5) Special Conditions:
(A) Elk may be taken during the Owens Valley Tule Elk Hunt, Archery Only Season with Archery Equipment only as specified in Section 354.
(B) Elk may be taken during Period 1 within the Lone Pine, Tinemaha and Whitney zones using Archery Equipment only, as specified in Section 354.
(C) Elk may be taken during Period 1 within the Bishop and Independence zones using Muzzleloader equipment only, as specified in Section 353.
(D) Only persons possessing valid junior hunting licenses may apply for Apprentice Hunt license tags. Apprentice Hunt tagholders shall be accompanied by a nonhunting, licensed adult chaperon 18 years of age or older while hunting.
(h) Cache Creek Tule Elk Hunt:
(1) Area: Those portions of Lake, Colusa and Yolo counties within the following line: beginning at the junction of Highway 20 and Highway 16; south on Highway 16 to Reiff-Rayhouse Road; west on Reiff-Rayhouse Road to Morgan Valley Road; west on Morgan Valley Road to Highway 53; north on Highway 53 to Highway 20; east on Highway 20 to the fork of Cache Creek; north on the north fork of Cache Creek to Indian Valley Reservoir; east on the south shore of Indian Valley Reservoir to Walker Ridge-Indian Valley Reservoir Access Road; east on Walker Ridge-Indian Valley Reservoir Access Road to Walker Ridge Road; south on Walker Ridge Road to Highway 20; east on Highway 20 to the point of beginning.
(2) Season:
(A) The General and Apprentice Bull Hunt season shall open on the second Saturday in October and continue for 16 consecutive days.
(B) The season for antlerless elk shall open on the third Saturday in October and continue for 16 consecutive days.
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of Tags: 2 bull tags and 2 antlerless tags.
A. Period One Apprentice Hunt: 1 bull tag.
(5) Special Conditions: All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags. Only persons possessing valid junior hunting licenses may apply for Apprentice Hunt license tags. Apprentice Hunt tagholders shall be accompanied by a nonhunting, licensed adult chaperon 18 years of age or older while hunting.
(i) Grizzly Island Tule Elk Hunt:
(1) Area: Those lands owned and managed by the department as the Grizzly Island Wildlife Area.
(2) Seasons:
(A) For Period One, the season for antlerless elk shall open on the Tuesday after the second Saturday in August and continue for 4 consecutive days, whereas the season for bulls and spike bulls shall open on the Thursday after the second Saturday in August and continue for 4 consecutive days.
(B) For Period Two, the season for antlerless elk shall open on the  Tuesday after the third Saturday in August and continue for 4 consecutive days, whereas season for bulls and spike bulls shall open on the Thursday after the third Saturday in August and continue for 4 consecutive days.
(C) For Period Three, the season for antlerless elk shall open on the Tuesday after the fourth Saturday in August and continue for 4 consecutive days, whereas the season for bulls and spike bulls shall open on the Thursday after the first Monday in September and continue for 4 consecutive days.
(D) For Period Four, the season for antlerless elk shall open on the second Tuesday in September and continue for 4 consecutive days, whereas the season for bulls and spike bulls shall open on Thursday following the second Tuesday and continue for 4 consecutive days; 
(E) For Period five, the season for antlerless elk shall open on the third Tuesday in September and continue for 4 consecutive days, whereas the season for bulls and spike bulls shall open on the Thursday following the  third Tuesday in September and continue for 4 consecutive days. 
(F) The season for the Fund-raising Hunt shall open on the first Saturday in August and continue for 30 consecutive days, with advance reservations required by contacting the Grizzly Island Wildlife Area by telephone at (707) 425-3828.
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of Tags:
(A) Period One: 0 bull tags, 0 spike bull tags, and 2 antlerless tags.
1. Period One Apprentice Hunt: 0 antlerless tags, 0 spike bull tags.
(B) Period Two: 0 bull tags, 2 spike bull tags, and 0 antlerless tags.
1. Period Two Apprentice Hunt: 1 spike bull tag. 
(C) Period Three: 0 bull tags, 0 spike bull tags, and 0 antlerless tags.
(D) Period Four: 0 bull tags, 0 spike bull tags, and 0 antlerless tags.
(E) Period Five: 2 bull tags, 0 spike bull tags, and 0 antlerless tags.
(F) Fund raising Hunt: 1 bull tag.
(5) Special Conditions: All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags. Only persons possessing valid junior hunting licenses may apply for Apprentice Hunt license tags. Apprentice Hunt tagholders shall be accompanied by a nonhunting, licensed adult chaperon 18 years of age or older while hunting.
(j) La Panza Tule Elk Hunt:
(1) Area: In those portions of San Luis Obispo, Kern, Monterey, Kings, Fresno, San Benito, and Santa Barbara counties within a line beginning in San Benito County at the junction of Highway 25 and County Highway J1 near the town Pacines, south along Highway 25 to La Gloria road, west along La Gloria rd, La Gloria road becomes Gloria road, west along Gloria road to Highway 101 near Gonzales, south along Highway 101 to Highway 166 in San Luis Obispo County; east along Highway 166 to Highway 33 at Maricopa in Kern County; north and west along Highway 33 to Highway 198 at Coalinga in Fresno County, north along Highway 33 to Interstate 5 in Fresno County, north along Interstate 5 to Little Panoche road/County Highway J1, southwest along Little Panoche road/County Highway J1 to the intersection of Little Panoche road/County Highway J1 and Panoche road/County Highway J1 in San Benito County, northwest along Panoche road/County Highway J1 to the point of beginning.
(2) Seasons:
(A) For Period One the season shall open on the second Saturday in October and extend for 23 consecutive days.
(B) For Period Two the season shall open on the second Saturday in November and extend for 23 consecutive days.
(C) The Fund Raising season shall open on the first Saturday in October and extend for 65 consecutive days.
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of Tags:
(A) Period One: 6 bull tags and 5 antlerless tags.
1. Period One Apprentice Hunt: 1 antlerless tag and 0 bull tags.
(B) Period Two: 6 bull tags and 6 antlerless tags.
(5) Special Conditions: All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags. Only persons possessing valid junior hunting licenses may apply for Apprentice Hunt license tags. Apprentice Hunter tagholders shall be accompanied by a nonhunting, licensed adult chaperon 18 years of age or older while hunting.
(k) Fort Hunter Liggett Tule Elk Hunt:
(1) Area: That portion of Monterey County lying within the exterior boundaries of Fort Hunter Liggett, except as restricted by the Commanding Officer.
(2) Seasons: Due to military operations, season dates for the following periods are subject to further restriction, or may be rescheduled between September 1 and December 31 by the Commanding Officer.
(A) For Period One, the season shall open on the third Saturday in October and continue for 9 consecutive days.
(B) For Period Two, the season shall open on the third Saturday in November and continue for 9 consecutive days.
(C) For Period Three, the season shall open on the fourth Thursday in December and continue for 12 consecutive days.
(D) Archery Only Either-Sex Season shall be open the first Saturday in September and continue for 9 consecutive days.
(E) Archery Only Antlerless Season shall open on the fourth Saturday in September and continue for 9 consecutive days.
(F) Muzzleloader Only Bull Season shall open on the first Saturday in November and continue for 9 consecutive days.
(G) Early Bull Season shall open on the third Wednesday in August and continue for 5 consecutive days and reopen on the fourth Wednesday in August and continue for 5 consecutive days.
(3) Bag and Possession Limit: 1 elk per person.
(4) Number of Tags:
(A) Period One: 14 antlerless tags (7 military and 7 general public).
1. Period One Apprentice Hunt: 4 antlerless tags (2 military and 2 general public).
(B) Period Two: 16 antlerless tags (8 military and 8 general public).
(C) Period Three: 14 bull tags (7 military and 7 general public).
1. Period Three Apprentice Hunt: 2 bull tags (1 military and 1 general public).
(D) Archery Only Season: 6 either-sex tags and 10 antlerless tags (3 either-sex tags military, 3 either-sex tags general public, 5 antlerless tags military and 5 antlerless tags general public).
(E) Muzzleloader Only Bull Season: 6 bull tags (3 military and 3 general public). 
(F) Early Bull Season: 2 military bull tags.
(5) Special Conditions:
(A) All tagholders will be required to attend a mandatory hunter orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags.
(B) Tagholders shall be required to purchase an annual hunting pass available from Fort Hunter Liggett.
(C) Season dates and hunt areas are subject to restriction by the Commanding Officer of Fort Hunter Liggett based on military training.
(D) Elk may be taken during the Fort Hunter Liggett Tule Elk Hunt, Archery Only Season, with Archery Equipment only as specified in Section 354.
(E) Elk may be taken during the Fort Hunter Liggett Tule Elk Hunt, Muzzleloader Only Season, with Muzzleloading Equipment only as specified in Section 353. 
(F) Only persons possessing valid junior hunting licenses may apply for Apprentice Hunt license tags. Apprentice Hunt tagholders shall be accompanied by a nonhunting, licensed adult chaperon 18 years of age or older while hunting.
(l) East Park Reservoir Tule Elk Hunt:
(1) Area: in those portions of Glenn and Colusa counties within a line beginning in Glenn County at the junction of Interstate Highway 5 and Highway 162 at Willows; west along Highway 162 (Highway 162 becomes Alder Springs Road) to the Glenn-Mendocino County line; south along the Glenn-Mendocino County line to the Glenn-Lake County line; east and then south along the Glenn-Lake County line to the Colusa-Lake County line; west, and then southeast along the Colusa-Lake County line to Goat Mountain Road; north and east along Goat Mountain Road to the Lodoga-Stonyford Road; east along the Lodoga-Stonyford Road to the Sites-Lodoga Road at Lodoga; east along the Sites-Lodoga Road to the Maxwell-Sites Road at Sites; east along the Maxwell-Sites Road to Interstate Highway 5 at Maxwell; north along Interstate Highway 5 to the point of beginning.
(2) Seasons:
(A) For Period One, the season shall open the first Saturday in September and continue for 27 consecutive days.
(B) For Period Three, the season shall open on the first Saturday in September and continue for 27 consecutive days.
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of Tags:
(A) Period One: 2 bull tags.
(B) Period Three: 4 antlerless tags.
(5) Special Conditions:
(A) All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags.
(B) Access to private land may be restricted or require payment of an access fee.
(C) A Colusa County ordinance prohibits firearms on land administered by the USDI Bureau of Reclamation in the vicinity of East Park Reservoir. A variance has been requested to allow use of muzzleloaders (as defined in Section 353) on Bureau of Reclamation land within the hunt zone.
(m) Northwestern California Roosevelt Elk Hunt:
(1) Area: In those portions of Humboldt and Del Norte counties not owned or leased by the California Redwood Company and the Green Diamond Resource Company within existing elk hunt boundaries as described in subsections 364(c)(1), (e)(1) and (f)(1), within a line beginning at the intersection of Highway 299 and Highway 96, north along Highway 96 to the Del Norte-Siskiyou county line, north along the Del Norte-Siskiyou county line to the California-Oregon state line, west along the state line to the Pacific Coastline, south along the Pacific coastline to the Humboldt-Mendocino county line, east along the Humboldt-Mendocino county line to the Humboldt-Trinity county line, north along the Humboldt-Trinity county line to Highway 299, west along Highway 299 to the point of beginning.
(2) Season: 
(A) The season shall open on the first Wednesday in September and continue for 12 consecutive days.
(B) The Fund Raising season shall open on last Wednesday in August and continue for 19 consecutive days.
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of License Tags: 20 either-sex tags.
(n) San Luis Reservoir Tule Elk Hunt:
(1) Area: In those portions of Merced, Fresno, San Benito, and Santa Clara counties within a line beginning in Merced County at the junction of Highway 152 and Interstate 5 near the town of Santa Nella, west along Highway 152 to Highway 156 in Santa Clara County, southwest along Highway 156 to Highway 25 near the town of Holister in San Benito County, south along Highway 25 to the town of Paicine, south and east along J1 to Little Panoche Road, North and east along Little Panoche Road to Interstate 5 in Fresno County, north along Interstate 5 to the point of beginning.
(2) Season: The season shall open on the first Saturday in October and continue for 23 consecutive days.
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of License Tags: 3 either-sex tags, 0 antlerless tags, and 0 bull tags.
(5) Special Conditions: All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags.
(o) Multi-zone Fund Raising License Tag.
(1) Area: The multi-zone tag shall be valid in the areas described in section 364(a)(b)(d)(j)(m).
(2) Season: The multi-zone tag shall be valid during the authorized seasons described in section 364(a)(b)(d)(j)(m).
(3) Bag and Possession Limit: 1 bull elk as described in subsection 364(p)(1) per tag.
(4) Number of tags 1.
(p) Alameda Tule Elk Hunt:
(1) Area: Those portions of Alameda and San Joaquin Counties within the following line: beginning at the intersection of the Interstate 5 and the San Joaquin/Stanislaus County line; southwest along the San Joaquin/Stanislaus County line to the intersection of the San Joaquin, Stanislaus, Alameda, Santa Clara County lines; west along the Alameda/Santa Clara County Line to the intersection of Interstate 680; north along Interstate 680 to the intersection of Interstate 580; east and south along Interstate 580 to the intersection of Interstate 5; south along Interstate 5 to the point of beginning.
(2) Season: The season shall open on the second Saturday in October and continue for 16 consecutive days. 
(3) Bag and Possession Limit: 1 elk per season. 
(4) Number of License Tags: 0 bull tags.
(q) Santa Clara Tule Elk Hunt: 
(1) Area: Those portions of Merced, Santa Clara, and Stanislaus Counties within the following line: beginning at the intersection of the Interstate 5 and the San Joaquin/Stanislaus County line; southeast along Interstate 5 to the intersection of Highway 152; west along Highway 152 to the intersection of Highway 101 near the town of Gilroy; north along Highway 101 to the intersection of Interstate 680 near San Jose; north along Interstate 680 to the intersection of the Alameda/Santa Clara County line; east along the Alameda/Santa Clara County line to the intersection of the San Joaquin, Stanislaus, Alameda, Santa Clara County lines; northeast along the San Joaquin/Stanislaus County line to the point of beginning.
(2) Season: The season shall open on the second Saturday in October and continue for 16 consecutive days. 
(3) Bag and Possession Limit: 1 elk per season. 
(4) Number of License Tags: 1 bull tag.
(r) Bear Valley Tule Elk Hunt:
(1) Area: in those portions of Colusa, Lake, and Yolo counties within a line beginning in Colusa County at the junction of Interstate Highway 5 and Maxwell Sites Road at Maxwell; west along Maxwell Sites Road to the Sites Lodoga Road; west along the Sites Lodoga Road to Lodoga Stonyford Road; west along Lodoga Stonyford Road to Goat Mountain Road; west and south along Goat Mountain Road to the Colusa-Lake County line; south and west along the Colusa-Lake County line to Forest Route M5; south along Forest Route M5 to Bartlett Springs Road; east along Bartlett Springs Road to Highway 20; east on Highway 20 to the fork of Cache Creek; north on the north fork of Cache Creek to Indian Valley Reservoir to Walker Ridge-Indian Valley Reservoir Access Road; east on Walker Ridge-Indian Valley Reservoir Access Road to Walker Ridge Road; south on Walker Ridge Road to Highway 20; east on Highway 20 to Highway 16; south on Highway 16 to Rayhouse Road; south and west on Rayhouse Road to the Yolo-Napa County line; east and south along the Yolo-Napa County line to Road 8053; east on Road 8053 to County Road 78A; east on County Road 78A to Highway 16; east on Highway 16 to Route E4 at Capay; north and east on Route E4 to Interstate Highway 5; north on Interstate Highway 5 to the point of beginning.
(2) Season: The season shall open on the second Saturday in October and continue for 9 consecutive days. 
(3) Bag and Possession Limit: 1 elk per season. 
(4) Number of License Tags: 1 bull tag and 1 antlerless tag.
(s) Lake Pillsbury Tule Elk Hunt:
(1) Area: in those portions of Lake County within a line beginning at the junction of the Glenn-Lake County line and the Mendocino County line; south and west along the Mendocino-Lake County line to Highway 20; southeast on Highway 20 to the intersection of Bartlett Springs Road; north and east along Bartlett Springs Road to the intersection of Forest Route M5; northwest on Forest Route M5 to the Colusa-Lake County Line; northwest and east on the Colusa-Lake County Line to the junction of the Glenn-Colusa County Line and the Lake-Glenn County Line; north and west on the Lake-Glenn County Line to the point of beginning.
(2) Season: The antlerless season shall open on the Wednesday preceding the second Saturday in September and continue for 10 consecutive days. The bull season shall open Monday following the fourth Saturday in September and continue for 10 consecutive days.
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of License Tags: 2 bull tags and 2 antlerless tags.
(t) Mendocino Elk Hunt:
(1) Area: Those portions in Mendocino County within a line beginning at the Pacific Coastline and the Mendocino/Humboldt County line south of Shelter Cove; east along the Mendocino/Humboldt County line to the intersection of the Humboldt, Mendocino, and Trinity County lines; south and east along the Mendocino/Trinity County line to the intersection of the Mendocino, Trinity, and Tehama County lines; south along the Mendocino County line to the intersection of Highway 20; north and west along Highway 20 to the intersection of Highway 101 near Calpella; south along Highway 101 to the intersection of Highway 253; southwest along Highway 253 to the intersection of Highway 128; north along Highway 128 to the intersection of Mountain View Road near the town of Boonville; west along Mountain View Road to the intersection of Highway 1; south along Highway 1 to the intersection of the Garcia River; west along the Garcia River to the Pacific Coastline; north along the Pacific Coastline to the point of beginning.
(2) Season: The season shall open on the Wednesday preceding the fourth Saturday in September and continue for 12 consecutive days.
(3) Bag and Possession Limit: 1 elk per season.
(4) Number of License Tags: 2 bull tags and 2 antlerless tags.
(u) Definitions:
(1) Bull elk: Any elk having an antler or antlers at least four inches in length as measured from the top of the skull.
(2) Spike bull: A bull elk having no more than one point on each antler. An antler point is a projection of the antler at least one inch long and longer than the width of its base.
(3) Antlerless elk: Any elk, with the exception of spotted calves, with antlers less than four inches in length as measured from the top of the skull.
(4) Either-sex elk: For the purposes of these regulations, either-sex is defined as bull elk, as described in Section 364(o)(1), or antlerless elk as, described in Section 364(o)(3).
(v) Method of Take: Only methods for taking elk as defined in sections 353 and 354 may be used.
(w) Tagholder Responsibilities:
(1) No tagholder shall take or possess any elk or parts thereof governed by the regulations except herein provided.
(2) The department reserves the right to use any part of the tagholder's elk for biological analysis as long as the amount of edible meat is not appreciably decreased.
(3) Any person taking an elk which has a collar or other marking device attached to it shall provide the department with such marking device within 10 days of taking the elk.
(x) The use of dogs to take or attempt to take elk is prohibited.
NOTE

Authority cited: Sections 200, 202, 203, 332, 1050 and 1572, Fish and Game Code. Reference: Sections 203, 203.1, 332, 713, 1050, 1570-1572, and 3951, Fish and Game Code.
HISTORY

1. New section filed 7-1-86; effective upon filing (Register 86, No. 27). For history of former section, see Register 85, No. 44.
2. Amendment filed 6-22-87; operative 6-22-87 (Register 87, No. 27).
3. Amendment filed 5-31-88; operative 5-31-88 (Register 88, No. 23).
4. Repealer of subsection (e) and relettering of former subsections (f)-(q) to subsections (e)-(p) filed 6-19-89; operative 6-19-89 (Register 89, No. 27).
5. Amendment filed 6-22-90; operative 6-22-90 pursuant to section 215, Fish and Game Code (Register 90, No. 34).
6. Amendment filed 6-28-91; operative 6-28-91 (Register 91, No. 42). 
7. Amendment filed  7-8-92; operative 7-8-92 pursuant to Fish and Game Code section 215 (Register 92, No. 28).
8. Amendment of subsections (a)(2) and (b), new subsections (c)-(c)(5) and subsection relettering, and amendment of newly designated subsection (g) filed 6-23-93; operative 6-23-93 pursuant to Fish and Game Code sections 202 and 215 (Register 93, No. 26).
9. Amendment of subsections (b)(4)(A)-(B), (c)(2) and (4) and (d) and new subsection (t) filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
10. Amendment of section and Note filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
11. Amendment of subsections (e)(4)(A)-(B), (g)(2)(A) and (j)(2), new (j)(3), designator and amendment of newly designated subsection (j)(3) and subsection (k)(2) filed 6-26-97; operative 6-26-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 26).
12. Amendment filed 7-1-98; operative 7-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 27).
13. Amendment filed 6-2-99; operative 6-2-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 23).
14. Amendment filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game Code sections 202 and 205 (Register 2000, No. 26).
15. Change without regulatory effect amending subsections (l)(2)-(3) filed 3-7-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 10).
16. Amendment of subsections (g)(1)(E), (g)(3)(C) and (l)(3) filed 5-21-2001; operative 6-1-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 21).
17. Amendment filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
18. Amendment filed 6-24-2003; operative 7-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 26). 
19. Amendment filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
20. Amendment of subsections (b)(2)(A), (d)(2), (f)(4), (g)(4)(A), (g)(4)(D), (i)(4)(A), (j)(4)(A), (k)(4)(A) and (k)(4)(C) and new subsections (b)(4)(C), (d)(4)(A)-(B), (i)(4)(A)1., (i)(4)(B)1., (j)(4)(A)1., (k)(4)(A)1. and (k)(4)(C)1. filed 6-30-2006; operative 6-30-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 26).
21. Amendment filed 5-29-2007; operative 5-29-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
22. Amendment of subsections (b)(2)(A), (b)(4)(C), (b)(5), (c)(4), (d)(2) and (d)(4)(B), new subsection (d)(4)(C), amendment of subsections (f)(1), (f)(4), (g)(1)(J) and (g)(3)(B)-(E), new subsection (g)(5)(D), amendment of subsections (h)(2)(A), (h)(4)A., (h)(5), (i)(4)(A)-(B), repealer of subsection (i)(4)(C), subsection relettering, amendment of subsections (i)(5), (j)(1), (j)(4)(A)1., (j)(5), (k)(2)(A)-(E), (k)(4)(A)1., (k)(4)(C)1., new subsection (k)(5)(E), repealer of subsection (l)(2)(B), subsection relettering, amendment of subsection (l)(4)(A), repealer of subsection (l)(4)(B), subsection relettering and amendment of subsections (m)(1), (m)(4), (n)(4), (o)(1) and (o)(3) filed 6-20-2008; operative 6-20-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 25). 
23. Amendment filed 6-12-2009; operative 7-1-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 24). 
24. Amendment filed 6-24-2010; operative 6-24-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 26). 
25. Editorial correction of subsections (g)(4)(A) and (g)(4)(D) (Register 2010, No. 29).
26. Amendment of subsections (g)(4)(A)-(F), new subsections (i)(2)(D)-(E), subsection relettering, amendment of subsections (i)(4)(A)-(B) and (i)(4)(C), new subsections (i)(4)(D)-(E), subsection relettering and amendment of subsections (j)(4)(A)1., (k)(2)(C), (k)(2)(G), (n)(4), (p)(4), (r)(4), (s)(2) and (t) filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§364.5. Tule Elk. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 219, 220 and 332, Fish and Game Code. Reference: Sections 332, 713 and 3951, Fish and Game Code.
HISTORY

1. New section filed 5-31-88; operative 5-31-88 (Register 88, No. 23).
2. Repealer filed 6-19-89; operative 6-19-89 (Register 89, No. 27). The adoption of existing section 364.5 of Title 14 of the California Code of Regulations by the Fish and Game Commission was voided and set aside by a Peremptory Writ of  Mandate issued by the Sacramento County Superior Court on 9-30-88 (Civil Action No. 358996).
3. New section filed 6-19-89; operative 6-19-89 (Register 89, No. 27).
4. Amendment filed 6-22-90; operative 6-22-90 pursuant to section 215, Fish and Game Code (Register 90, No. 34).
5. Amendment filed 6-28-91; operative 6-28-91 (Register 91, No. 42).
6. Amendment filed  7-8-92; operative 7-8-92 pursuant to Fish and Game Code section 215 (Register 92, No. 28).
7. Amendment of subsections (a)(1)(B), (a)(1)(C), (a)(2)(C), (a)(4)(A)-(a)(4)(C), (b)(4), (c), (c)(2)(B), (c)(4)(A)-(c)(4)(D), new subsections (d)-(d)(4) and (i) and subsection relettering, and amendment of newly designated subsections (e)(1), (e)(2), (h), (k) and (q) filed 6-23-93; operative 6-23-93 pursuant to Fish and Game Code sections 202 and 215 (Register 93, No. 26).
8. Amendment filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
9. Amendment of subsections (c)(4)(A)-(C), (e)(2), (k) and Note filed 6-9-95; operative 6-9-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 23).
10. Repealer filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
§365. Bear.
Note     •     History

Except as provided in Section 366, bear may be taken only as follows: (Note: See subsection 265(c)(1) for restrictions on the use of dogs.)
(a) Areas:
(1) Northern California: In the counties of Del Norte, Humboldt, Plumas, Shasta, Siskiyou, Tehama and Trinity; and those portions of Lassen and Modoc counties west of the following line: Beginning at Highway 395 and the Sierra-Lassen county line; north on Highway 395 to the junction of Highway 36; west on Highway 36 to the junction of Highway 139; north on Highway 139 to Highway 299; north on Highway 299 to County Road 87; west on County Road 87 to Lookout-Hackamore Road; north on Lookout-Hackamore Road to Highway 139; north on Highway 139 to the Modoc-Siskiyou county line; north on the Modoc-Siskiyou county line to the Oregon border.
(2) Central California: In the counties of Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Glenn, Lake, Mendocino, Nevada, Placer, Sacramento, Sierra, Sutter, Yolo and Yuba and those portions of Napa and Sonoma counties northeast of Highway 128.
(3) Southern Sierra: That portion of Kern County west of Highway 14 and east of the following line: Beginning at the intersection of Highway 99 and the Kern-Tulare county line; south on Highway 99 to Highway 166; west and south on Highway 166 to the Kern-Santa Barbara county line; and those portions of Fresno, Madera, Mariposa, Merced, Stanislaus, Tulare and Tuolumne counties east of Highway 99.
(4) Southern California: In the counties of Los Angeles, Santa Barbara and Ventura; that portion of Riverside County north of Interstate 10 and west of Highway 62; and that portion of San Bernardino County south and west of the following line: Beginning at the intersection of Highway 18 and the Los Angeles-San Bernardino county line; east along Highway 18 to Highway 247; southeast on Highway 247 to Highway 62; southwest along Highway 62 to the Riverside-San Bernardino county line.
(5) Southeastern Sierra: Those portions of Inyo and Mono counties west of Highway 395; and that portion of Madera County within the following line: Beginning at the junction of the Fresno-Madera-Mono county lines; north and west along the Madera-Mono county line to the boundary of the Inyo-Sierra National Forest; south along the Inyo-Sierra National Forest boundary to the Fresno-Madera county line; north and east on the Fresno-Madera county line to the point of beginning. Also, that portion of Inyo county west of Highway 395; and that portion of Mono county beginning at the intersection of Highway 6 and the Mono county line; north along Highway 6 to the Nevada state line; north along the Nevada state line to the Alpine county line; south along the Mono-Alpine county line to the Mono-Tuolumne county line and the Inyo National Forest Boundary; south along the Inyo National Forest Boundary to the Inyo-Sierra Forest boundary; south along the Inyo-Sierra Forest boundary to the Fresno-Madera county line; north and east along the Fresno-Madera county line to the junction of the Fresno-Madera-Mono county line; south along the Mono-Fresno county line to the Mono-Inyo County line; east along the Mono-Inyo county line to the point of beginning.
(b) Seasons: Except in the deer hunt areas designated as zones X-1 through X-7b in subsection 360(b), the bear season shall open on the opening day of the general deer season as described in subsections 360(a) and (b) and extend until the last Sunday in December in the areas described in subsections 365(a)(1), (2), (3) (4) and (5) above. In those areas designated as deer hunting zones X-1 through X-7b, the bear season shall open on the second Saturday in October and extend for 79 consecutive days. The bear season shall be closed when the department determines that 1,700 bears have been taken pursuant to the reporting requirement in section 708(e). The department shall notify the commission, the public via the news media and bear tag holders via the U.S. mail and the news media when implementing this closure.
(c) Bag and Possession Limit: One adult bear per hunting license year. Cubs and females accompanied by cubs may not be taken. (Cubs are defined as bears less than one year of age or bears weighing less than 50 pounds.)
(d) No open season for bear in the balance of the state not included in subsection (a) above.
(e) Bait: No feed, bait or other materials capable of attracting a bear shall be placed or used for the purpose of taking or pursuing a bear. No bear shall be taken over such bait. No person may take a bear within a 400-yard radius of a garbage dump or bait.
NOTE

Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, and 207, Fish and Game Code.
HISTORY

1. Repealer of section 365 and renumbering and amendment of section 351 to section 365 filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). For history of former section 365, see Registers 79, No. 19; and 78, No. 24.
2. Repealer and new section filed 6-7-82; designated effective tenth day thereafter (Register 82, No. 24).
3. Amendment of subsections (a)(1), (b), (e) and repealer of subsection (a)(5) filed 6-22-84 as an emergency; designated effective 7-1-84 (Register 84, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-29-84.
4. Certificate of Compliance including amendment of NOTE transmitted to OAL 10-22-84 and filed 11-26-84 (Register 84, No. 48).
5. Amendment of subsections (a) and (b) filed 7-15-85; designated effective tenth day thereafter (Register 85, No. 31).
6. Amendment of subsection (a)(5) filed 7-1-86; effective upon filing (Register 86, No. 27).
7. Amendment filed 5-31-88; operative 5-31-88 (Register 88, No. 23).
8. Amendment to first line and subsection (b) and new subsection (f) filed 9-6-90; operative 9-6-90 (Register 90, No. 43).
9. Amendment of subsections (b) and (f) filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
10. Editorial correction of first paragraph and subsection (a)(3) (Register 96, No. 26).
11. Amendment of first paragraph and subsection (b) filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
12. Amendment of subsection (f) filed 7-1-98; operative 7-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 27).
13. Repealer of subsection (f) filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game Code sections 202 and 205 (Register 2000, No. 26).
14. Amendment filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
15. Amendment of subsection (a)(5) filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
16. Amendment of subsection (c) filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§365.5. Special Bear Hunt. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 203 and 4751, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 713, 4751 and 4756, Fish and Game Code.
HISTORY

1. New section filed 5-31-88; operative 5-31-88 (Register 88, No. 23).
2. Amendment of subsection (f) filed 6-19-89; operative 6-19-89 (Register 89, No. 27).
3. Repealer filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
§366. Archery Bear Hunting.
Note     •     History

Bear may be taken with bow and arrow during the bear season as specified in section 365 and as follows:
(a) Areas: Those portions of the state as described in subsection (a) of section 365.
(b) Season: The archery bear season shall open on the third Saturday in August and extend for 23 consecutive days. There is no open season for taking bear with bow and arrow in the balance of the state.
(c) Bag and Possession Limit: One adult bear per hunting license year. Cubs and female accompanied by cubs may not be taken. (Cubs are defined as bears less than one year of age or bears weighing less than 50 pounds.)
(d) The use of dogs is prohibited during the archery season for bear.
(e) Bait. No feed, bait or other materials capable of attracting a bear to a feeding area shall be placed or used for the purpose of taking or pursuing a bear. No bear shall be taken over such bait. No person may take a bear within a 400 yard radius of a garbage dump or bait.
NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1 and 207, Fish and Game Code.
HISTORY

1. New section filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
2. Repealer and new section filed 6-7-82; designated effective tenth day thereafter (Register 82, No. 24).
3. Repealer filed 10-15-90 as an emergency; operative 10-15-90 (Register 90, No. 46). A Certificate of Compliance must be transmitted to OAL by 2-12-91 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency repeal filed 10-15-90 by operation of Government Code section 11346.1(f) (Register 91, No. 42).
5. Editorial correction restoring omitted History 4. (Register 92, No. 6).
6. Editorial correction deleting former History Note 5 and renumbering remaining History Notes (Register 95, No. 14).
7. Amendment of subsection (c) and repealer of subsection (f) filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§367. Bear License Tags. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 203, 219 and 1050, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 1050 and 4750-4756, Fish and Game Code.
HISTORY

1. New section filed 6-7-82; designated effective tenth day thereafter (Register 82, No. 24).
2. Relettering of former subsection (c) to (d) and new subsection (c) filed 7-15-85; designated effective tenth day thereafter (Register 85, No. 31).
3. Relettering and amendment of former subsections (c) and (d) to subsections (d) and (e) and new subsection (c) filed 7-1-86; effective upon filing (Register 86, No. 27).
4. Amendment of subsections (a) and (e) filed 5-31-88; operative 5-31-88 (Register 88, No. 23).
5. Amendment of subsections (a), (d) and (e) filed 6-22-90; operative 6-22-90 pursuant to section 215, Fish and Game Code (Register 90, No. 34).
6. New subsection (a)(3) and redesignating of following subsections, amendment of subsections (b) and (f)(1)-(2) filed 7-8-92; operative 7-8-92 pursuant to Fish and Game Code section 215 (Register 92, No. 28).
7. Amendment of subsection (c) filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
8. Amendment of subsection (b) filed 6-26-97; operative 6-26-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 26).
9. Amendment of subsection (b) filed 7-1-98; operative 7-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 27).
10. Amendment of subsection (b) filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game Code sections 202 and 205 (Register 2000, No. 26).
11. Change without regulatory effect amending subsections (a)(3) and (b) filed 3-7-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 10).
12. Repealer filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
§367.5. Presentation of Bear Skull.
Note     •     History

Any person who takes a bear shall present the skull (even if damaged) to a department office/officer within 10 days of taking the bear. The skull shall become property of the department. That portion of the skull not needed for scientific purposes shall be returned.
NOTE

Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207 and 211-222, Fish and Game Code.
HISTORY

1. New section filed 6-7-82; designated effective tenth day thereafter (Register 82, No. 24).
2. Repealer and new section filed 7-15-85; designated effective tenth day thereafter (Register 85, No. 31).
§368. Wild Pig.
Note     •     History

Wild pigs may be taken only as follows:
(a) General Season: Open all year.
(b) Bag and Possession Limit: There is no daily bag or possession limit for wild pigs.
NOTE

Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 3950, 4652-4655 and 4657, Fish and Game Code.
HISTORY

1. New section filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
2. Amendment of subsection (b) filed 6-17-83; designated effective tenth day thereafter (Register 83, No. 25).
3. Amendment filed 7-15-85; designated effective tenth day thereafter (Register 85, No. 31).
4. Amendment filed 6-19-89; operative 6-19-89 (Register 89, No. 27).
5. Amendment filed 6-28-91; operative 6-28-91 (Register 91, No. 42).
6. New subsections (c)-(c)(4) and amendment of NOTE filed 7-8-92; operative 7-8-92 pursuant to Fish and Game Code section 215 (Register 92, No. 28).
7. Amendment filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
8. Amendment of subsection (a), repealer of subsections (a)(1)-(a)(2)(B), amendment of subsection (b) and repealer of subsections (b)(1)-(2) filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
9. Repealer of subsections (c)-(c)(4) filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
§369. Mountain Lion. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 203, 219 and 1050, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 219, 1050, 1801 and 4800-4805, Fish and Game Code.
HISTORY

1. New section filed 6-29-87; operative 6-29-87 (Register 87, No. 27).
2. Amendment of subsection (d) filed 8-5-87; operative 8-5-87 (Register 87, No. 33).
3. New subsection (j) filed 8-10-87; operative 8-10-87 (Register 87, No. 33).
4. Repealer and new section filed 5-31-88; operative 5-31-88 (Register 88, No. 23).
5. Repealer of section filed 6-28-91; operative 6-28-91 (Register 91, No. 42).
§370. Deer Tags. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207 and 4336, Fish and Game Code.
HISTORY

1. New section filed 6-6-75; designated effective 7-1-75 (Register 75, No. 23).
2. Renumbering and amendment of Section 363 to Section 370 filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
3. Amendment filed 5-31-88; operative 5-31-88 (Register 88, No. 23).
4. Editorial correction of Authority cite (Register 95, No. 32).
5. Amendment filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
6. Amendment filed 7-1-98; operative 7-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 27).
7. Repealer filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
§371. Deer Tag Application and Distribution Procedures. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 203, 220 and 1050, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 1050 and 4330-4333, Fish and Game Code.
HISTORY

1. Amendment of subsections (d) and (e) filed 5-31-88; operative 5-31-88 (Register 88, No. 23). For prior history, see Register 87, No. 27.
2. Amendment filed 6-19-89; operative 6-19-89 (Register 89, No. 27).
3. Amendment filed 6-22-90; operative 6-22-90 pursuant to section 215, Fish and Game Code (Register 90, No. 34).
4. Amendment filed 6-28-91; operative 6-28-91 (Register 91, No. 42).
5. Amendment of subsections (a)(1), (d)(1)(A), (d)(2)(A)-(B) and new subsection (e) filed 7-8-92; operative 7-8-92 pursuant to Fish and Game Code section 215 (Register 92, No. 28).
6. Amendment of subsections (a)(1), (d)(1)(A), (d)(1)(B), (d)(2)(A) and (d)(2)(B) filed 6-23-93; operative 6-23-93 pursuant to Fish and Game Code sections 202 and 215 (Register 93, No. 26).
7. Amendment filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
8. Amendment of section heading and subsections (a)(1)-(2), (d)(1)(A)-(B), and (d)(2)(A), new subsection (d)(2)(B), subsection relettering, amendment of newly designated subsections (d)(2)(C)-(D) and amendment of Note filed 6-9-95; operative 6-9-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 23).
9. Amendment of subsections (a)(1)-(3), (d)(1)(A)-(B), and (d)(2)(A)-(E) filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
10. Amendment of subsections (a)(1) and (e) and amendment of Note filed 6-26-97; operative 6-26-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 26).
11. Repealer and new section filed 7-1-98; operative 7-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 27).
12. Amendmentof subsection (a)(1) filed 6-2-99; operative 6-2-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 23).
13. Amendment of subsection (b) filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game Code sections 202 and 205 (Register 2000, No. 26).
14. Change without regulatory effect amending subsection (b) filed 3-7-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 10).
15. Repealer filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
§372. Deer and Elk Tags, Persons Authorized to Validate. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 203, 213 and 215, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 206, 207, 211, 213 and 215, Fish and Game Code.
HISTORY

1. Amendment of section heading, first sentence and subsection (c) filed 6-24-85 as an emergency; effective upon filing (Register 85, No. 27). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-22-85. For prior history, see Register 81, No. 20.
2. Notice of Erroneous Filing declaring 6-24-85 Certificate of Compliance null and void filed 7-2-85 by OAL (Register 85, No. 27).
3. Certificate of Compliance as to 6-24-85 order transmitted to OAL 9-30-85 and filed 11-1-85 (Register 85, No. 44).
4. Amendment of subsections (b)(24) and (b)(26) filed 6-22-87; operative 6-22-87 (Register 87, No. 27). 
5. Amendment of section heading, section and Note filed 7-1-98; operative 7-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 27).
6. Repealer filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
§373. Return of Deer Tags. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 1050 and 4330-4331, Fish and Game Code.
HISTORY

1. New section filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
2. Amendment filed 6-7-82; designated effective tenth day thereafter (Register 82, No. 24).
3. Amendment filed 6-22-84 as an emergency; designated effective 7-1-84 (Register 84, No. 29). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-29-84.
4. Certificate of Compliance transmitted to OAL 10-22-84 and filed 11-26-84 (Register 84, No. 48). 
5. Repealer filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
§374. Standard Procedures for Distribution of Permits for Deer Hunts with a Limited Number of Permits. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 1050 and 4330-4331, Fish and Game Code.
HISTORY

1. New section filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
2. Repealer and new section filed 6-7-82; designated effective tenth day thereafter (Register 82, No. 24).
3. Repealer and new section filed 6-17-83; designated effective tenth day thereafter (Register 83, No. 25).
4. Repealer filed 6-22-84 as an emergency; designated effective 7-1-84 (Register 84, No. 29). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-29-84.
5. Certificate of Compliance transmitted to OAL 10-22-84 and filed 11-26-84 (Register 84, No. 48).
§375. Deer, Elk, Antelope and Bear Meat, Possession of After the Close of the Season. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 203, 3080, and 3081, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3080, and 3081, Fish and Game Code.
HISTORY

1. Renumbering and amendment of Section 360 to Section 375 filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). For history for former Section 360, see Registers 71, No. 35; and 70, No. 23. 
2. Repealer filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game Code sections 202 and 205 (Register 2000, No. 26).
Chapter 4. Depredation
§400. Deer Depredation Hunts.
Note     •     History

(a) A deer depredation hunt shall not be allowed where the number of deer involved numbers less than 25.
(b) Before applying for a depredation hunt the landowner or tenant shall consult with representatives of the department to determine the existence or threat of depredation. All applications shall be in writing, filed with the commission on forms supplied by the department, and shall recite on their face that the applicant grants to the holders of hunting permits free and unrestricted access to, and the use of his lands for the purpose of said hunt.
(c) Two or more landowners, or tenants, whose lands adjoin one another may apply jointly for a deer depredation hunt.
(d) Before a deer depredation hunt is allowed, the landowner or tenant concerned shall sign a statement holding the Department of Fish and Game, their agents, officers, and employees, free and harmless from all claims that may arise from permitees shooting over said area, and from all claims on account of any act or omission on the part of said state, department, or their agents, officers or employees when engaged solely in the discharge of their official duties and functions.
(e) Deer depredation hunts shall be confined to the lands owned or controlled by the applicant.
(f) Hunting permits shall be issued on a first-come, first-served basis by employees of the department only, at a time and place to be designated in the order authorizing the hunt.
(g) Applicants for hunting permits shall be 16 years of age or over.
(h) Hunting permits shall be valid only for the area and the period of time designated on the permit.
(i) Shooting time shall be one hour before sunrise to one hour after sunset.
(j) Permits shall not be transferable.
(k) Permittees shall check in at a designated checking station each day before hunting and shall check out at such station each day after hunting is finished.
(l) Permit tag shall be attached to the antlers of antlered deer or to the ear of antlerless deer immediately after killing.
(m) The commission shall designate the methods that may be used for each hunt. In addition to regular methods of take, these may also include 12 gauge shotguns shooting buck shot of size No. 2 or larger, and bows and arrows.
(n) Deer meat held more than 15 days after close of the hunt shall be stamped in accordance with Section 3081 of the Fish and Game Code.
(o) Employees of the department shall not be eligible to purchase hunting permits.
(p) The department may refuse to issue a permit to anyone, may revoke any permit, and may eject the holder from the area for any reason when it appears that the safety or welfare of the area, or that of other permittees, is endangered. Decision of the authorized employee of the department in this respect shall be final.
(q) Prior to the acceptance or issuance of a hunting permit all permittees shall consent in writing to the terms and conditions of these rules and regulations.
NOTE

Authority cited: Sections 4181, 4181.5, and 4188, Fish and Game Code. Reference: Sections 4181, 4181.5, and 4188, Fish and Game Code.
HISTORY

1. Repealer of Chapter 4 (Sections 403-455, not consecutive) and new Chapter 4 (Sections 400-402) filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). For prior history, see Registers 80, No. 21; 80, No. 20; and 78, No. 24. 
2. Change without regulatory effect amending subsection (m) filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
§400.5. Bass Hill Special Depredation Hunt. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 203, 203.1 and 4188, Fish and Game Code. Reference: Sections 203, 203.1, 450-460, 1801, 4181.5 and 4188, Fish and Game Code.
HISTORY

1. New section filed 9-16-85 as an emergency; effective upon filing (Register 85, No. 38). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-14-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87, No. 2). 
§401. Issuance of Permit to Take Animals Causing Damage.
Note     •     History

(a) Application. A person who is a property owner or tenant may apply to the department for a permit to take elk, bear, beaver, wild pigs, deer, wild turkeys, or gray squirrels that are damaging or destroying, or immediately threatening to damage or destroy, land or property. 
(b) Permit Period. Permits issued pursuant to this section shall be valid for a period not to exceed one year, except that permits for elk, bear, wild turkey, or deer shall not be valid for more than 60 days. Permits may be renewed if damage or threatened damage to land or property continues to exist. 
(c) Form and Conditions of Permit. Applications shall be made on form entitled “PERMIT TO KILL DEER, BEAR, ELK, WILD PIG, GRAY SQUIRREL, BEAVER, WILD TURKEY, OR MOUNTAIN LION CAUSING CROP OR PROPERTY DAMAGE” (FG WPB 543  (new 5/05)). The department may add terms and conditions to the permit necessary to protect wildlife and ensure public safety. To be valid, the permit shall contain a statement signed by the applicant that he/she has read, understands, and agrees to be bound by all the terms of the permit. 
(d) Methods of Take. 
(1) Animals taken pursuant to a permit may be taken in any legal manner except as herein provided and in accordance with the provisions of Section 465.5 of these regulations. Permits to take deer shall include conditions that comply with Fish and Game Code section 4181.5. No iron-jawed or any type of metal-jawed traps may be used to take squirrels or bears. No poison may be used. The department may specify the caliber and type of firearm and ammunition, archery equipment or crossbow to be used based upon safety considerations. The department may require that a permittee take animals alive by the use of live traps. 
(2) The permittee and/or agent shall ensure that all animals are killed in a humane manner instantly and prevent any injured animal from escaping. 
(e) Government Employees and Designated Agents. 
(1) An employee of a federal, State, or local government agency or local district with responsibilities including but not limited to animal control, animal damage control, irrigation, flood, or natural resource reclamation, while acting in his/her official capacity may take depredating animals on the property designated in a permit issued pursuant to this section. 
(2) The permittee may designate up to three other persons as his/her agents to take animals under the terms of the permit. A designated agent shall be any person who is acting under the direction and control of the permittee and who is 21 years of age or older. The designated agent(s) shall be named on the permit. The permittee may substitute designated agents with prior written approval of the department. 
(f) Persons Prohibited from Taking Animals. No person may take animals pursuant to the permit if he/she has been convicted of a violation related to the take or possession of game or furbearing mammals in the past 12 months or if he/she is on probation and may not hunt or possess a firearm as part of the terms of probation. A landowner who is on probation and may not hunt or possess a firearm as part of the terms of probation must designate a qualified agent to take animals under a permit. 
(g) Written Report Required for Wild Pigs. The permittee shall provide a report listing the date and sex of each wild pig taken. A report shall be submitted whether or not any animals were taken. The reporting period shall be by calendar month. The permittee or designated agent shall complete and mail the report to the department on or before the 15th day of the following month. Reports shall be mailed to the address provided by the department. 
(h) Tagging Animals. All animals taken pursuant to a permit, except wild pigs, shall be immediately tagged with tags provided by the department. Wild pigs shall be tagged prior to being transported from the property designated in the permit. Tags for animals except wild pigs shall be completed at the time the animal is taken. Tags for wild pigs shall be completed before the wild pigs are removed from the property. Tags shall clearly show the permittee's name, address, date and location the animal was taken and shall include the signature of the person taking the animal. The report portion of each tag shall be mailed to the department without delay. No tags are required for squirrels and beavers.
(i) Utilization of Carcass. Animals taken pursuant to this permit must be disposed of as required in the permit. No animals, except wild pigs, may be utilized by the permittee or designated agent. The permittee or designated agent may leave the carcass of any wild pig where it was taken for reasons of high air temperatures, disease, parasites, or conditions which preclude use of the carcass. A person who makes every reasonable attempt to utilize the carcass of any wild pig as required in this subsection shall be deemed to be in compliance with Section 4304 of the Fish and Game Code. 
(j) Suspension and Revocation of Permits. 
(1) Permits may be suspended temporarily by the director for a breach or violation of the permit by the holders thereof, their agents, servants, employees or any person acting under their direction and control. The commission shall be notified of any such suspension and subsequently may revoke or reinstate the permit, or fix the period of its suspension, after written notice to the permittee and the permittee has been afforded an opportunity to be heard. 
(2) Any person who has had his/her permit revoked or suspended by the commission shall be required, upon application for a new or subsequent permit, to appear before the commission and demonstrate to its satisfaction that the use of such a permit will be consistent with depredation control, with these regulations, and with the laws under which they are promulgated. 
(k) It is unlawful for a permittee or agent to violate any of the terms or conditions of a permit issued pursuant to this section. 
(l) The permit does not invalidate any city, county, or state firearm regulation.
NOTE

Authority cited: Sections 202, 3003.1 and 4181, Fish and Game Code. Reference: Sections 3003.1 and 4181, Fish and Game Code.
HISTORY

1. New subsection (p) filed 6-17-83; designated effective tenth day thereafter (Register 83, No. 25).
2. Amendment of subsections (a) and (f) filed 8-17-87; operative 8-17-87 (Register 87, No. 34). 
3. Change without regulatory effect amending subsection (a) filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
4. Repealer of subsections (p)-(p)6. and new subsections (p)-(p)(5) and amendment of Note filed 5-1-97; operative 5-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 18).
5. Amendment of subsections (a), (f), (l) and (p)(1) and amendment of Note filed 6-2-99; operative 6-2-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 23).
6. Amendment of subsections (e)-(f) and (p)(1)(B)-(p)(4), new subsections (p)(5)-(6) and subsection renumbering filed 5-21-2001; operative 6-1-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 21).
7. Repealer and new section filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
8. Amendment of subsections (a)-(c) and (d)(1), repealer of subsection (d)(2), subsection renumbering and amendment of newly designated subsection (d)(2) and subsections (g) and (h) filed 5-23-2006; operative 5-23-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21). 
9. Editorial correction of subsection (d)(2) (Register 2006, No. 28).
§402. Issuance of Permits to Kill Mountain Lion Causing Damage.
Note     •     History

(a) Revocable permits may be issued by the department after receiving a report, from any owner or tenant or agent for them, of property being damaged or destroyed by mountain lion. The department shall conduct and complete an investigation within 48 hours of receiving such a report. Any mountain lion that is encountered in the act of inflicting injury to, molesting or killing livestock or domestic animals may be taken immediately if the taking is reported within 72 hours to the department and the carcass is made available to the department. Whenever immediate action will assist in the pursuit of the particular mountain lion believed to be responsible for damage to livestock or domestic animals, the department may orally authorize the pursuit and take of a mountain lion. The department shall investigate such incidents and, upon a finding that the requirements of this regulation have been met, issue a free permit for depredation purposes, and carcass tag to the person taking such mountain lion.
(b) Permittee may take mountain lion in the manner specified in the permit, except that no mountain lion shall be taken by means of poison, leg-hold or metal-jawed traps and snares.
(c) Both males and females may be taken during the period of the permit irrespective of hours or seasons.
(d) The privilege granted in the permit may not be transferred, and only entitles the permittee or the employee or agent of the permittee to take mountain lion. Such person must be 21 years of age or over and eligible to purchase a California hunting license.
(e) Any person issued a permit pursuant to this section shall report by telephone within 24 hours the capturing, injuring or killing of any mountain lion to an office of the department or, if telephoning is not practical, in writing within five days after capturing, injuring or killing of the mountain lion. Any mountain lion killed under the permit must be tagged with the special tag furnished with the permit; both tags must be completely filled out and the duplicate mailed to the Department of Fish and Game, Sacramento, within 5 days after taking any mountain lion.
(f) The entire carcass shall be transported within 5 days to a location agreed upon between the issuing officer and the permittee, but in no case will a permittee be required to deliver a carcass beyond the limits of his property unless he is willing to do so. The carcasses of mountain lions taken pursuant to this regulation shall become the property of the state.
(g) Animals shall be taken in a humane manner so as to prevent any undue suffering to the animals.
(h) The permittee shall take every reasonable precaution to prevent the carcass from spoiling until disposed of in the manner agreed upon under subsection (f) of these regulations.
(i) The permit does not invalidate any city, county, or state firearm regulation.
(j) Permits shall be issued for a period of 10 days. Permits may be renewed only after a finding by the department that further damage has occurred or will occur unless such permits are renewed. The permittee may not begin pursuit of a lion more than one mile nor continue pursuit beyond a 10-mile radius from the location of the reported damage.
NOTE

Authority cited: Sections 4803 and 4804, Fish and Game Code. Reference: Sections 4800-4809, Fish and Game Code.
HISTORY

1. Amendment filed 5-7-86; effective upon filing (Register 86, No. 19).
2. Amendment filed 7-1-86; effective upon filing (Register 86, No. 27).
3. Amendment of subsection (a) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
4. Amendment of subsections (a), (b), (d), (e), (f) and (j) filed 7-31- 91; operative 8-30-91 (Register 91, No. 48).
5. Amendment of subsection (a) and Note filed 3-5-2001; operative 4-4-2001 (Register 2001, No. 10).
Chapter 5. Furbearing Mammals
§460. Fisher, Marten, River Otter, Desert Kit Fox and Red Fox.
Note     •     History

Fisher, marten, river otter, desert kit fox and red fox may not be taken at any time.
NOTE

Authority cited: Sections 200, 202, 203, and 4009.5, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 4000-4004, and 4009.5, Fish and Game Code.
HISTORY

1. New Chapter 5 (Sections 460 through 465) filed 6-9-59; designated effective 7-1-59 (Register 59, No. 9). (Ed. Note: Former Section 400 repealer filed 6-9-59, effective 7-1-59, related to subject matter of new Chapter 5. For history of former section, see Register 58, No. 15.)
2. Amendment filed 6-16-61; designated effective 7-1-61 (Register 61, No. 12).
3. Amendment filed 6-18-65; designated effective 7-1-65 (Register 65, No. 10).
4. Amendment filed 6-15-67; designated effective 7-1-67 (Register 67, No. 24).
5. Amendment filed 6-7-74; designated effective 7-1-74 (Register 74, No. 23).
6. Amendment filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
7. Amendment filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
§461. Badger and Gray Fox.
Note     •     History

(a) Badger may be taken as follows:
(1) Season and Area: November 16 through the last day of February, statewide.
(2) Bag and Possession Limit: No limit.
(b) Gray fox may be taken as follows:
(1) Season and Area: November 24 through the last day of February, statewide.
(2) Bag and Possession Limit: No limit.
(3) Dogs may be permitted to pursue gray fox in the course of breaking, training, or practicing dogs in accordance with the provisions of Section 265 of these regulations.
NOTE

Authority cited: Sections 200-202, 203 and 4009.5, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 4000-4004 and 4009.5, Fish and Game Code.
HISTORY

1. Amendment filed 6-7-74; designated effective 7-1-74 (Register 74, No. 23). For prior history, see Register 73, No. 22.
2. Amendment filed 6-6-75; designated effective 7-1-75 (Register 75, No. 23).
3. Amendment filed 6-4-76; designated effective 7-1-76 (Register 76, No. 23).
4. Repealer and new section filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§462. Muskrat and Mink.
Note     •     History

Except as noted in Section 4180, Fish and Game Code, muskrat and mink may be taken only as follows:
Season and Area: November 16 through March 31, statewide. (This regulation supersedes Section 4001 of the Fish and Game Code.)
Bag and Possession Limit: No limit.
NOTE

Authority cited: Sections 200, 202, 203, and 4009.5, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 4000-4004, 4009.5, and 4180, Fish and Game Code.
HISTORY

1. Amendment filed 6-7-74; designated effective 7-1-74 (Register 74, No. 23.) For prior history, see Register 73, No. 22.
2. Amendment filed 6-6-75; designated effective 7-1-75 (Register 75, No. 23).
3. Amendment filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).  
§463. Beaver.
Note     •     History

Beaver may be taken only as follows:
(a) Season and Area: November 1 through March 31 in the counties of Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Monterey, Nevada (except Sagehen Creek), Placer, Plumas, Sacramento, San Joaquin, San Luis Obispo, Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba; and those portions of Riverside and San Bernardino counties within 10 miles of the Arizona-California border. (This regulation supersedes Section 4001 of the Fish and Game Code.)
Bag and Possession Limit: There is no bag or possession limit in these areas for the taking of beaver.
(b) Beaver or any part thereof may not be taken in the balance of the state including the counties of Los Angeles, Marin, Mendocino, Napa, Orange, San Benito, San Diego, San Francisco, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Sonoma, and Ventura; and those portions of Riverside and San Bernardino counties further than 10 miles from the California-Arizona border. (This regulation supersedes Section 4001 of the Fish and Game Code.)
NOTE

Authority cited: Sections 200, 202, 203 and 4009.5, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 4000-4004, 4009.5 and 4180, Fish and Game Code.
HISTORY

1. Amendment filed 6-1-73; designated effective 7-3-73 (Register 73, No. 22). For prior history, see Register 72, No. 39.
2. Amendment filed 6-7-74; designated effective 7-1-74 (Register 74, No. 23).
3. Amendment of subsection (a) filed 6-6-75; designated effective 7-1-75 (Register 75, No. 23).
4. Amendment filed 5-19-80; designated effective 5-19-80 (Register 80, No. 21).
5. Amendment filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
6. Editorial correction repealing subsection (c) filed 5-19-82 (Register 82, No. 21). 
§463.5. Hides of Beaver. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4182, Fish and Game Code.
HISTORY

1. New section filed 6-9-59 as an emergency; designated effective 7-1-59 (Register 59, No. 9). Certificate of Compliance--Section 11422.1, Gov. Code filed 8-5-59.
2. Amendment filed 6-13-63; effective thirtieth day thereafter (Register 63, No. 10).
3. Repealer filed 6-4-70; designated effective 7-1-70 (Register 70, No. 23). 
§464. Raccoon.
Note     •     History

(a) Seasons and Areas:
(1) Raccoon may be taken from July 1 through March 31 in the following area: All of Imperial County and those portions of Riverside and San Bernardino counties lying south and east of the following line: Beginning at the intersection of Highway 86 with the north boundary of Imperial County; north along Highway 86 to the intersection with Interstate 10; east along Interstate 10 to its intersection with the Cottonwood Springs Road in Section 9, T6S, R11E, S.B.B.M.; north along the Cottonwood Springs Road and the Mecca Dale Road to Amboy; east along Highway 66 to the intersection with Highway 95; north along Highway 95 to the California-Nevada state line.
(2) November 16 through March 31 in the balance of the state.
(b) Bag and Possession Limit: No limit.
(c) Method of Take: When taking raccoon after dark, pistols and rifles not larger than .22 caliber rimfire and shotguns using shot no larger than No. BB are the only firearms which may be used during this night period. (This regulation supersedes Sections 4001 and 4002 of the Fish and Game Code.) (See Sections 264 and 264.5 for light regulations.)
(d) Dogs may be permitted to pursue raccoons in the course of breaking, training or practicing dogs in accordance with the provisions of Section 265 of these regulations.
NOTE

Authority cited: Sections 200, 202, 203 and 4009.5, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 4000-4004 and 4009.5, Fish and Game Code.
HISTORY

1. Amendment of subsection (c) filed 1-18-78 as an emergency; effective upon filing. Certificate of Compliance included (Register 78, No. 3). For prior history, see Register 77, No. 25.
2. Amendment of subsection (d) filed 5-19-80; designated effective 5-19-80 (Register 80, No. 21).
3. Amendment filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
4. Repealer and new section filed 6-7-82; designated effective tenth day thereafter (Register 82, No. 24).
5. Amendment of subsection (c) filed 6-28-91; operative 6-28-91 (Register 91, No. 42).
§465. Methods for Taking Furbearers.
Note     •     History

Furbearing mammals may be taken only with a firearm, bow and arrow, or with the use of dogs, or traps in accordance with the provisions of Section 465.5 of these regulations and Section 3003.1 of the Fish and Game Code.
NOTE

Authority cited: Sections 200, 202, 203, 3003.1 and 4009.5, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-221, 3003.1, 4000-4004 and 4009.5, Fish and Game Code.
HISTORY

1. Amendment filed 5-29-69; designated effective 7-1-69 (Register 69, No. 22). For prior history, see Register 67, No. 24.
2. Amendment filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24).
3. Amendment filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 24).
4. Amendment filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
5. Amendment filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
6. Amendment filed 6-7-82; designated effective tenth day thereafter (Register 82, No. 24).
7. Amendment filed 6-17-83; designated effective tenth day thereafter (Register 83, No. 25).
8. Amendment of undesignated first paragraph filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
9. Amendment of first paragraph and Note filed 7-1-98; operative 7-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 27).
10. Amendment of section and Note filed 6-2-99; operative 6-2-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 23).
§465.1. Use of Dogs in Taking Furbearers. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 203, 219, 3800, 4150 and 4853, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3800, 4150, 4756 and 4850-4854, Fish and Game Code.
HISTORY

1. New section filed 6-6-75; designated effective 7-1-75 (Register 75, No. 23).
2. Repealer filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§465.5. Use of Traps.
Note     •     History

(a) Traps Defined. Traps are defined to include padded-jaw leg-hold, steel-jawed leg-hold, and conibear traps, snares, dead-falls, cage traps and other devices designed to confine, hold, grasp, grip, clamp or crush animals' bodies or body parts.
(b) Affected Mammals Defined. For purposes of this section, furbearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997, in sections 3950, 4000, 4150 and 4700 of the Fish and Game Code.
(c) Prohibition on Trapping for the Purposes of Recreation or Commerce in Fur. It is unlawful for any person to trap for the purposes of recreation or commerce in fur any furbearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammal's body or body part, including, but not limited to, steel-jawed leg-hold traps, padded-jaw leg-hold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps and may be used to trap for the purposes of recreation or commerce in fur any furbearing or nongame mammal.
(d) Prohibition on Exchange of Raw Fur. It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005 of the Fish and Game Code, of any furbearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subsection (c) above.
(e) Prohibition on Use of Steel-jawed Leg-hold Traps by Individuals. It is unlawful for any person to use or authorize the use of any steel-jawed leg-hold trap, padded or otherwise, to capture any game mammal, furbearing mammal, nongame mammal, protected mammal, or any dog or cat.
(1) Exception for Extraordinary Case to Protect Human Health or Safety. The prohibition in subsection (e) does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leg-hold trap is the only method available to protect human health or safety.
(A) Leg-hold Trap Requirements. Leg-hold traps used to implement subsection (e)(1) must be padded, commercially manufactured, and equipped as provided in subsections (A)1. through (A)5. below.
1. Anchor Chains. Anchor chains must be attached to the center of the padded trap, rather than the side.
2. Chain Swivels. Anchor chains must have a double swivel mechanism attached as follows: One swivel is required where the chain attaches to the center of the trap. The second swivel may be located at any point along the chain, but it must be functional at all times.
3. Shock Absorbing Device. A shock absorbing device such as a spring must be in the anchor chain.
4. Tension Device. Padded leg-hold traps must be equipped with a commercially manufactured pan tension adjusting device.
5. Trap Pads. Trap pads must be replaced with new pads when worn and maintained in good condition.
(f) Use of Non-Body-Gripping Traps for Purposes of Recreation or Commerce in Fur. Any person who utilizes non-body-gripping traps for the take of furbearing mammals and nongame mammals for purposes of recreation or commerce in fur must comply with the provisions of subsections (g)(1) through (3) below.
(1) Trap Number Requirement. Any person who traps furbearing mammals or nongame mammals shall obtain a trap number issued by and registered with the department. All traps, before being put into use, shall bear only the current registered trap number or numbers of the person using, or in possession of those traps. This number shall be stamped clearly on the trap or on a metal tag attached to the chain of the trap or to any part of the trap.
(g) Use of Conibear Traps, Snares, Cage and Box Traps, Nets, Suitcase-type Live Beaver Traps and Common Rat and Mouse Traps for Purposes Unrelated to Recreation or Commerce in Fur. Conibear traps, snares, cage and box traps, nets, suitcase-type live beaver traps and common rat and mouse traps may be used by individuals to take authorized mammals for purposes unrelated to recreation or commerce in fur, including, but not limited to, the protection of property, in accordance with subsections (1) through (5) below. Except for common rat and mouse traps, all traps used pursuant to this subsection must be numbered as required by subsection (f)(1) above. The prohibitions of subsections (c) and (d) above shall apply to any furbearing or nongame mammal taken by a conibear trap or snare pursuant to this subsection (g).
(1) Immediate Dispatch or Release. All furbearing and nongame mammals that are legal to trap must be immediately killed or released. Unless released, trapped animals shall be killed by shooting where local ordinances, landowners, and safety permit. This regulation does not prohibit employees of federal, state, or local government from using chemical euthanasia to dispatch trapped animals.
(2) Trap Visitation Requirement. All traps shall be visited at least once daily by the owner of the traps or his/her designee. Such designee shall carry on his/her person written authorization, as owner's representative, to check traps. In the event that an unforeseen medical emergency prevents the owner of the traps from visiting traps another person may, with written authorization from the owner, check traps as required. The designee and the person who issues the authorization to check traps shall comply with all provisions of Section 465.5. Each time traps are checked all trapped animals shall be removed.
(3) Trap Placement Requirement. Traps may not be set within 150 yards of any structure used as a permanent or temporary residence, unless such traps are set by a person controlling such property or by a person who has and is carrying with him written consent of the landowner to so place the trap or traps.
(4) Placement of Conibear Traps. Traps of the conibear-type with a jaw opening larger than 8” x 8” may be used only in sets where the trap is wholly or partially submerged in water or is:
(A) Within 100 feet of permanent water.
(B) Within 100 feet of seasonally flooded marshes, pastures, agricultural lands or floodways when standing or running water is present.
(C) Within the riparian vegetation zone, characterized by, but not limited to, willow, cottonwood, sycamore, salt cedar, cattail, bulrush and rushes, when found within the area defined in section 463(a) where the take of beaver is permitted.
(5) Zones Prohibited to the Use of Conibear-type Traps and Snares. Conibear-type traps and snares, except those totally submerged, and deadfall traps are prohibited in the following zones.
(A) Zone 1: Beginning at Interstate 5 and Highway 89, east on Highway 89 to Harris Springs Road near Bartle, north on Harris Springs Road (primary U.S. Forest Service Road 15) to Powder Hill Road (primary U.S. Forest Service Road 49), northeast on Powder Hill Road to Road 42N56, east on Road 42N56 to the Siskiyou/Modoc county line, north on the Siskiyou/Modoc county line to the boundary of the Lava Beds National Monument, north along the eastern boundary of the Lava Beds National Monument, then west then south along the western boundary of the Lava Beds National Monument to Road 46N21, west along Road 46N21 over Gold Digger Pass to the western boundary of the Modoc National Forest, south along the western boundary of the Modoc National Forest to the boundary of the Shasta National Forest, west along the northern boundary of the Shasta National Forest to Highway 97, southwest on Highway 97 to Interstate 5, northwest on Interstate 5 to Old Highway 99, northwest on Old Highway 99 to Stewart Springs Road, southwest on Stewart Springs Road to the Yreka Ditch, west along the Yreka Ditch to the Gazelle/Callahan Road, southwest on the Gazelle/Callahan Road to Highway 3, south on Highway 3 to Ramshorn Road, northeast on Ramshorn Road to Castle Creek Road, east on Castle Creek Road to Interstate 5, north on Interstate 5 to the point of beginning.
(B) Zone 2: Beginning in Tehama County at the intersection of Highway 36 and the western boundary of the Lassen National Forest, south along the western boundary of the Lassen National Forest to the boundary of the Plumas National Forest, south along the western boundary of the Plumas National Forest to the boundary of the Tahoe National Forest, south along the western boundary of the Tahoe National Forest to the boundary of the El Dorado National Forest, south along the western boundary of the El Dorado National Forest to the boundary of the Stanislaus National Forest, south along the western boundary of the Stanislaus National Forest to the boundary of the Sierra National Forest, south along the western boundary of the Sierra National Forest to the boundary of the Sequoia National Forest, south along the western boundary of the Sequoia National Forest to Highway 245, southwest on Highway 245 to Road 168, southwest on Road 168 to County Road J40, west on County Road J40 to Henderson Road, northwest on Henderson Road to Lincoln Avenue, west on Lincoln Avenue to Highway 145, north on Highway 145 to Avenue 7, west on Avenue 7 to Road 21, north on Road 21 to Avenue 12, west on Avenue 12 to Road 16, north on Road 16 to Avenue 18 1/2, west on Avenue 18 1/2 to Road 9, north on Road 9 to Highway 152, west on Highway 152 to Highway 59, north on Highway 59 to Highway 99, northwest on Highway 99 to Highway 140, west on Highway 140 to Highway 33, north on Highway 33 to Interstate 5, north on Interstate 5 to County Road J4, west on County Road J4 to County Road J2, north on County Road J2 to Highway 4, west on Highway 4 to Lone Tree Way, west on Lone Tree Way to James Donlon Boulevard, west on James Donlon Boulevard to Somersville Road, south on Somersville Road to Nortonville Road, north on Nortonville Road to Kirker Pass Road, southwest on Kirker Pass Road to Clayton Road, southeast on Clayton Road to Mitchell Canyon Road, south on Mitchell Canyon Road to the boundary of Mount Diablo State Park, south along the western boundary of Mount Diablo State Park to Mt. Diablo Scenic Boulevard, south on Mt. Diablo Scenic Boulevard to Blackhawk Road, southeast on Blackhawk Road to Camino Tassajara, west on Camino Tassajara to Dougherty Road, south on Dougherty Road to Interstate 580, west on Interstate 580 to Interstate 680, south on Interstate 680 to Highway 84, northeast on Highway 84 to Holmes Street, south on Holmes Street to Wetmore Road, east on Wetmore Road to Arroyo Road, south on Arroyo Road to Del Valle Regional Park, southeast along the western boundary of Del Valle Regional Park to Arroyo Del Valle Creek, southeast on Arroyo Del Valle Creek to the Alameda/Santa Clara county line, east on the Alameda/Santa Clara county line to San Antonio Valley Road, south on San Antonio Valley Road to Del Puerto Canyon Road, east on Del Puerto Canyon Road to Santa Clara/Stanislaus county line, south along the Santa Clara/Stanislaus county line to the Santa Clara/Merced county line, south along the Santa Clara/Merced county line to the San Benito/Merced county line, south along the San Benito/Merced county line to Little Panoche Road, south on Little Panoche Road to Panoche Road, east on Panoche Road to New Idria Road, south along New Idria Road to Clear Creek Road, southwest on Clear Creek Road to Coalinga Road, southeast on Coalinga Road to Coalinga-Mineral Springs Road, south on Coalinga-Minerial Springs Road to Highway 198, east on Highway 198 to Parkfield Grade, south on Parkfield Grade to Vineyard Canyon Road, west on Vineyard Canyon Road to Highway 101, north on Highway 101 to Bradley Road, north on Bradley Road to Sargents Road, north on Sargents Road to Pancho Rico Road, west on Pancho Rico Road to Cattleman's Road, north on Cattleman's Road to Highway 198, west on Highway 198 to Highway 101, north on Highway 101 to County Road G13, northeast on County Road G13 to Highway 25, north on Highway 25 to Browns Valley Road, north on Browns Valley Road to Santa Anita Road, northwest on Santa Anita Road to Santa Ana Valley Road, north on Santa Ana Valley Road to Fairview Road, north on Fairview Road to Highway 156, north on Highway 156 to Highway 152, southwest on Highway 152 to County Road G7, southwest on County Road G7 to Highway 25, west on Highway 25 to Highway 101, south on Highway 101 to the San Benito/Monterey county line, south on the San Benito/Monterey county line to Highway 146, west on Highway 146 to Highway 101, south on Highway 101 to Paraiso Springs Road, south on Paraiso Springs Road to County Road G17, south on County Road G17 to County Road 16, northeast on County Road 16 to Central Avenue, southeast on Central Avenue to Highway 101, south on Highway 101 to County Road G14, south on County Road G14 to Milpitas Road, west on Milpitas Road to the boundary of Fort Hunter Liggett, south along the western boundary of Fort Hunter Liggett to the Nacimiento River, southeast along the Nacimiento River to Nacimiento Reservoir, southeast along the western boundary of Nacimiento Reservoir to Chimney Rock Road, south on Chimney Rock Road to Klau Mine Road, south on Klau Mine Road to Adelaida Road, east on Adelaida Road to Vineyard Drive, southeast on Vineyard Drive to Highway 101, south on Highway 101 to Highway 41, east on Highway 41 to Highway 229, south on Highway 229 to Creston O'Donovan Road, southeast on Creston O'Donovan Road to Highway 58, east on Highway 58 to the boundary of the Los Padres National Forest, south and east along the eastern boundary of the Los Padres National Forest to Highway 33, south on Highway 33 to Quatal Canyon Road, east on Quatal Canyon Road to Cerro Noroeste Road, east on Cerro Noroeste Road to Cuddy Valley Road, east on Cuddy Valley Road to Interstate 5, north on Interstate 5 to Wheeler Ridge Road, east on Wheeler Ridge Road to Laval Road, east on Laval Road to Rancho Road, north on Rancho Road to Sycamore Road, east on Sycamore Road to Tejon Highway, north on Tejon Highway to Highway 223, northeast on Highway 223 to Highway 58, east on Highway 58 to Caliente Bodfish Road, north on Caliente Bodfish Road to Highway 155, northeast then west on Highway 155 to the eastern boundary of the Sequoia National Forest, north and east along the southern boundary of the Sequoia National Forest to the Dome Land Wilderness, north along the eastern boundary of the Dome Land Wilderness to the boundary of the Inyo National Forest, north along the eastern boundary of the Inyo National Forest west of Highway 395 to the intersection of Inyo National Forest and Highway 395 near Sherwin Summit in Mono County, north on Highway 395 to the California/Nevada state line, north on the California/Nevada state line to Highway 395 in Sierra County, north on Highway 395 to Long Valley Road, south on Long Valley Road to the boundary of the Toiyabe National Forest, west along the Toiyabe National Forest boundary to the Tahoe National Forest boundary, west then south then west then north along the Tahoe National Forest boundary to the Plumas National Forest boundary, north then east then north along the eastern boundary of the Plumas National Forest to the Lassen National Forest boundary, north along the eastern boundary of the Lassen National Forest to the northern boundary of the Lassen National Forest, west along the northern boundary of the Lassen National Forest to the western boundary of the Lassen National Forest, south along the western boundary of the Lassen National Forest to the point of beginning.
(h) Statutory Penalty for Violation of Provisions. Violation of Section 3003.1 or 3003.2 of the Fish and Game Code, or any rule or regulation, including this Section 465.5, adopted pursuant thereto, is punishable by a fine of not less than three hundred dollars ($300) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.
NOTE

Authority cited: Sections 200, 202, 203, 219, 240, 3003.1, 4005 and 4009.5, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 3003.1, 4004, 4005, 4009.5, 4152 and 4180, Fish and Game Code.
HISTORY

1. Amendment of subsections (d) and (e) filed 7-1-86; effective upon filing (Register 86, No. 27). For prior history, see Register 84, No. 48.
2. Amendment of subsection (c) filed 5-31-88; operative 5-31-88 (Register 88, No. 23).
3. New subsections (h) and (i) filed 11-29-90 as an emergency; operative 11-29-90 (Register 91, No. 6). A Certificate of Compliance must be transmitted to OAL by 3-29-91 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-29-90 order transmitted to OAL 3-28-91 and filed 4-29-91 (Register 91, No. 25).
5. Amendment filed 10-31-91; operative 10-31-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 7).
6. Amendment of subsections (a), (b), (b)(2), (f), (g), (j) and new subsection (b)(5) filed 9-4-92; operative 9-4-92 pursuant to Fish and Game sections 202 and 215 (Register 92, No. 36).
7. Amendment of section and Note filed 6-2-99; operative 6-2-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 23).
8. Amendment of subsection (g)(1) filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game Code sections 202 and 205 (Register 2000, No. 26).
§466. Hours for Taking Furbearers.
Note     •     History

Furbearers may be hunted at any hour of the day or night except that they may not be taken between one-half hour after sunset and one-half hour before sunrise in the area described in Section 474(a) of these regulations.
NOTE

Authority cited: Sections 200, 202, 203, 300, 4009.5, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3000, 4000-4004, and 4005-4012, Fish and Game Code.
HISTORY

1. New section filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24).
2. New NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
3. Amendment filed 6-7-82; designated effective tenth day thereafter (Register 82, No. 24). 
§467. Trapping Reports.
Note     •     History

All holders of trapping licenses must submit to the department a sworn statement or report by July 1 of his/her annual take of fur for the preceding trapping season. Statement or report shall show the number of each kind of furbearing mammals and nongame mammals taken, number sold, county in which furs were taken and the names and addresses of the persons to whom furs were shipped or sold. If the annual report is not received by July 1 following the most recent trapping year, or if it is not completely filled out, the trapper's license will be suspended. The commission shall be notified of any suspension and, subsequently, may revoke or reinstate applicant's license renewal application after written notice is given to the applicant and after he has been afforded an opportunity to be heard.
NOTE

Authority cited: Sections 200, 202, 203, 4009.5, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 4000-4004, and 4005-4012, Fish and Game Code.
HISTORY

1. New section filed 5-11-79; effective July 1, 1979 (Register 79, No. 19).
2. Amendment filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
3. Amendment filed 6-26-97; operative 6-26-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 26).
Chapter 6. Nongame Animals
§470. Nongame Animals Defined. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4150, Fish and Game Code. Reference: Section 4150, Fish and Game Code.
HISTORY

1. New section filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24).
2. Repealer filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§472. General Provisions.
Note     •     History

Except as otherwise provided in Sections 478 and 485 and subsections (a) through (d) below, nongame birds and mammals may not be taken.
(a) The following nongame birds and mammals may be taken at any time of the year and in any number except as prohibited in Chapter 6: English sparrow, starling, coyote, weasels, skunks, opossum, moles and rodents (excluding tree and flying squirrels, and those listed as furbearers, endangered or threatened species).
(b) Fallow, sambar, sika, and axis deer may be taken only concurrently with the general deer season.
(c) Aoudad, mouflon, tahr, and feral goats may be taken all year.
(d) American crows (Corvus brachyrhynchos) may be taken only under the provisions of Section 485 and by landowners or tenants, or by persons authorized in writing by such landowners or tenants, when American crows are committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance. Persons authorized by landowners or tenants to take American crows shall keep such written authorization in their possession when taking, transporting or possessing American crows. American crows may be taken only on the lands where depredations are occurring or where they constitute a health hazard or nuisance. If required by Federal regulations, landowners or tenants shall obtain a Federal migratory bird depredation permit before taking any American crows or authorizing any other person to take them.
American crows may be taken under the provisions of this subsection only by firearm, bow and arrow, falconry or by toxicants by the Department of Food and Agriculture for the specific purpose of taking depredating crows. Toxicants can be used for taking crows only under the supervision of employees or officers of the Department of Food and Agriculture or federal or county pest control officers or employees acting in their official capacities and possessing a qualified applicator certificate issued pursuant to sections 14151-14155 of the Food and Agriculture Code. Such toxicants must be applied according to their label requirements developed pursuant to sections 6151-6301, Title 3, California Code of Regulations.
NOTE

Authority cited: Sections 200, 202, 203, 355 and 3800, Fish and Game Code. Reference: Sections 200, 202, 203, 355, 356, 3801 and 3801.5, Fish and Game Code.
HISTORY

1. Amendment of subsection (a) filed 6-7-74; designated effective 7-1-74 (Register 74, No. 23). For prior history, see Register 73, No. 50.
2. New subsection (f) filed 6-6-75; designated effective 7-1-75 (Register 75, No. 23).
3. Amendment filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
4. Amendment of subsections (d) and (e) filed 9-27-85; effective tenth day thereafter (Register 85, No. 39).
5. Amendment of initial sentence, and subsections (a), (b), (d) and (e) filed 8-29-86; operative 8-29-86 (Register 86, No. 36).
6. Amendment of subsection (d) filed 2-10-88; operative 3-11-88 (Register 88, No. 8). 
7. Amendment of Note filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26). 
§473. Possession of Nongame Animals.
Note     •     History

Any nongame bird or mammal that has been legally taken pursuant to this chapter may be possessed.
NOTE

Authority cited: Section 4150, Fish and Game Code. Reference: Section 4150, Fish and Game Code.
HISTORY

1. New section filed 6-7-74; designated effective 7-1-74 (Register 74, No. 23).
2. Amendment filed 6-6-75; designated effective 7-1-75 (Register 75, No. 23).
3. Amendment filed 6-4-76; designated effective 7-1-76 (Register 76, No. 23).
4. Amendment filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
5. Amendment filed 5-19-80; designated effective 5-19-80 (Register 80, No. 21).
6. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). 
§474. Hours for Taking.
Note     •     History

Nongame mammals may be taken at any time except as provided in this section.
(a) Area Closed to Night Hunting. Nongame mammals may be taken only between one-half hour before sunrise and one-half hour after sunset in the following described area: Beginning at a point where Little Panoche Road crosses Interstate 5 near Mendota; south on Interstate 5 to Highway 198; east on Highway 198 to Highway 99; south on Highway 99 to Interstate 5; south on Interstate 5 to the Los Padres National Forest boundary in Section 8, T 9 N, R 19 W, S.B.B.M near Fort Tejon Historical Monument; west along the National Forest boundary to Cerro Noroeste Road; northwest on Cerro Noroeste Road to Highway 33-166; north on Highway 33-166 to the Soda Lake Road; northwest on the Soda Lake Road and on the Simmler Soda Lake San Diego Creek Road to Highway 58 at Simmler; west on Highway 58 to the Cammotti Shandon Road; north on the Cammotti Shandon Road to the Shandon San Juan Road; north on the Shandon San Juan Road to Highway 41; northeast on Highway 41 to the Cholame Valley Road; northwest on Cholame Valley Road and Cholame Road to the Parkfield Coalinga Road in Parkfield; north on Parkfield Coalinga Road and Parkfield Grade to Highway 198; northwest on Highway 198 to the Fresno-Monterey county line; north along the Fresno-Monterey county and Fresno-San Benito county lines to the Little Panoche Road; north and east on the Little Panoche Road to the point of beginning at Interstate 5.
This section does not pertain to the legal take of nongame mammals with traps as provided for by Sections 461-480 of these regulations, and by Sections 4000-4012, 4152 and 4180 of the Fish and Game Code. (This regulation supersedes Section 3000 of the Fish and Game Code.)
(b) On privately-owned property, not included in (a) above, nongame mammals may be taken from one-half hour after sunset to one-half hour before sunrise only by the landowner or his agents, or by persons who have in their immediate possession written permission issued by the landowner or tenant that states the permittee can trespass from one-half hour after sunset to one-half hour before sunrise on property under the ownership or control of such landowners or tenants.
(c) Fallow deer, axis deer, sambar deer, sika deer, aoudad, mouflon, tahr and feral goats may be taken only from one-half hour before sunrise to one-half hour after sunset.
NOTE

Authority cited: Sections 3000 and 4150, Fish and Game Code. Reference: Sections 3000 and 4150, Fish and Game Code.
HISTORY

1. New Chapter 6 (Section 474) filed 3-17-72; effective thirtieth day thereafter (Register 72, No. 12).
2. New subsection (c) filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24).
3. Amendment of subsection (a) filed 6-6-75; designated effective 7-1-75 (Register 75, No. 23).
4. Amendment of subsection (a) filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
5. Amendment of subsection (a) filed 6-7-82; designated effective tenth day thereafter (Register 82, No. 24). 
§475. Methods of Take for Nongame Birds and Nongame Mammals.
Note     •     History

Nongame birds and nongame mammals may be taken in any manner except as follows:
(a) Poison may not be used.
(b) Recorded or electrically amplified bird or mammal calls or sounds or recorded or electrically amplified imitations of bird or mammal calls or sounds may not be used to take any nongame bird or nongame mammal except coyotes, bobcats, American crows and starlings.
(c) Fallow deer, sambar deer, axis deer, sika deer, aoudad, mouflon, tahr and feral goats may be taken only with the equipment and ammunition specified in Section 353 of these regulations.
(d) Traps may be used to take nongame birds and nongame mammal only in accordance with the provisions of Section 465.5 of these regulations and sections 3003.1 and 4004 of the Fish and Game Code.
(e) No feed, bait or other material capable of attracting a nongame mammal may be placed or used in conjunction with dogs for the purpose of taking any nongame mammals. Nothing in this section shall prohibit an individual operating in accordance with the provisions of Section 465.5 from using a dog to follow a trap drag and taking the nongame mammal caught in that trap.
(f) Methods of take within the California condor range. Except as otherwise provided, it is unlawful to use or possess projectiles containing more than one percent lead by weight while taking or attempting to take any nongame birds or nongame mammals in those areas described in Section 3004.5, Fish and Game Code.
(1) For purposes of Section 475, a “projectile” is defined as any bullet, ball, sabot, slug, buckshot, shot, pellet or other device which is expelled from a firearm through a barrel by force.
(2) Except as otherwise provided, it is unlawful to possess any projectile containing lead in excess of the amount permitted in subsection 475(f) and a firearm capable of firing the projectile while taking or attempting to take any nongame bird or nongame mammal within the area described in subsection 475(f). The possession of a projectile containing lead in excess of the amount allowed in subsection 475(f) without possessing a firearm capable of firing the projectile is not a violation of this section.
NOTE

Authority cited: Sections 200, 202, 203, 355, 3003.1, 3800 and 4150, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 355, 356, 2055, 3003.1, 3004.5, 3800 and 4150, Fish and Game Code.
HISTORY

1. New section filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24).
2. New subsection (c) filed 7-6-72 as an emergency; effective upon filing (Register 72, No. 28).
3. Certificate of Compliance filed 8-23-72 (Register 72, No. 35).
4. Amendment filed 6-4-76; designated effective 7-1-76 (Register 76, No. 23).
5. Amendment of subsections (c) and (d) and new subsection (e) filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
6. Amendment of subsection (b) filed 7-1-86; effective upon filing (Register 86, No. 27).
7. Change without regulatory effect amending subsection (c) filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
8. Amendment of section heading, section and Note filed 6-2-99; operative 6-2-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 23).
9. New subsections (f)-(f)(2) and amendment of Note filed 5-15-2008; operative 7-1-2008 (Register 2008, No. 20).
§478. Bobcat.
Note     •     History

Except as provided in subsections (c) and (d) below no person shall pursue, take or possess any bobcat without first procuring a trapping license or a hunting license and bobcat hunting tags. The pursuit, take and/or possession of a bobcat under the authority of a hunting license and a bobcat hunting tag shall be in accordance with the provisions of this section and Sections 265 and 472-479 of these regulations.
Bobcats taken under the authority of a trapping license shall be taken with traps or other means in accordance with this section and Sections 265, 465, 465.5 and 475. Bobcats taken under a trapping license must be tagged in accordance with the provisions of Section 479.
(a) Trapping Season and Area: Bobcat may only be taken under the authority of a trapping license as follows:
(1) Area: Statewide.
(2) Season: November 24 through January 31.
(b) Hunting Season and Area: Bobcats may only be taken under the authority of a hunting license and bobcat hunting tags as follows:
(1) Area: Statewide.
(2) Season: October 15 through February 28.
(c) Bag and Possession Limit:
(1) Bobcats taken under a hunting license and bobcat hunting tags: Five bobcats per season.
(2) Bobcats taken under a trapping license: No limit.
(d) Dogs may be permitted to pursue bobcats in the course of breaking, training or practicing dogs in accordance with the provisions of Section 265 of these regulations.
(e) This section shall not apply to bobcats trapped under the provisions of Sections 4152 and 4180 of the Fish and Game Code (also see Section 480 of these regulations).
NOTE

Authority cited: Section 4150, Fish and Game Code. Reference: Section 4150, Fish and Game Code.
HISTORY

1. Amendment filed 7-15-85; designated effective tenth day thereafter (Register 85, No. 29). For prior history, see Registers 84, No. 47; 82, No. 24; 81, No. 20; 80, No. 21; and 72, No. 24. 
2. Amendment filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
§478.1. Bobcat Hunting Tags.
Note     •     History

(a) Any person who possesses a valid hunting license may, upon payment of the fee specified in Section 702, procure only five revocable, nontransferable bobcat hunting tags. Such tags shall be acquired through the department's Automated License Data System terminals at any department license agent or department license sales office. These tags do not act as shipping tags as required in Section 479 for pelts taken under a trapping license.
(b) Bobcat hunting tags are valid only during that portion of the current hunting license year in which bobcats may be legally harvested as provided in Section 478. 
(c) The holder of a bobcat hunting tag shall carry the tag while hunting bobcats. Upon the harvesting of any bobcat, the hunter shall immediately fill out the tag completely, legibly, and permanently, and cut out or punch out and completely remove notches or punch holes for the month and date of the kill. One part of the tag shall be immediately attached to the pelt and kept attached until it is tanned, dried or mounted. The other part of the tag shall be sent immediately to the department.
(d) Possession of any untagged bobcat taken under the authority of the hunting license shall be a violation of this section except that the provisions of this section shall not apply to the owner or tenant of land devoted to the agricultural industry nor to authorized county, state or federal predatory animal control agents operating under a written trapping agreement with the appropriate landowner while on such land and in connection with such agricultural industry. It is unlawful for any person to sell, offer for sale, barter, trade, purchase, transport from this state, or offer for out-of-state shipment by any common carrier any bobcat pelts, or parts thereof taken pursuant to this provision.
(e) Any person who is convicted of violating any provision of this chapter shall forfeit his bobcat hunting tags, and shall not apply for additional tags during the then current hunting license year.
NOTE

Authority cited: Sections 713 and 4150, Fish and Game Code. Reference: Sections 713 and 4150, Fish and Game Code.
HISTORY

1. Amendment of subsection (b) filed 7-15-85; designated effective tenth day thereafter (Register 85, No. 29). For prior history, see Registers 84, No. 47; 84, No. 29; 82, No. 24; 81, No. 20 and 80, No. 21.
2. Amendment of subsection (c) filed 7-1-86; effective upon filing (Register 86, No. 27).
3. Amendment of subsections (b) and (c) filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
4. Amendment of subsection (a) filed 6-26-97; operative 6-26-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 26).
5. Amendment of subsection (a) and amendment of Note filed 7-19-2005; operative 7-19-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 29).
6. Amendment of subsection (a) filed 8-4-2006; operative 8-4-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
7. Amendment of subsections (a) and (c) filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§479. Bobcat Pelts.
Note     •     History

Bobcat pelts may be taken only pursuant to the provisions of sections 465.5 and 478 of these regulations.
(a) Any person who takes a bobcat shall, at any time during the trapping season or within 14 days after the end of the bobcat season, have the following appropriate department mark or tag affixed to the pelt.
(1) Pelts from bobcats taken under a hunting license shall be tagged as provided in Section 478.1. Pelts taken by a licensed trapper for only his personal use shall, at no cost, be marked by the department. Such pelts shall not be sold.
(2) Pelts from bobcats taken for commercial purposes under a trapping license shall be tagged with a department shipping tag.
(b) It is unlawful for any person to sell, offer for sale, barter, trade, purchase, transport from this state, or offer for out-of-state shipment by any common carrier any bobcat pelts, or parts thereof unless the department has affixed a shipping tag to the pelt or parts thereof.
(c) Shipping tags and marking are available from the department. All persons taking bobcat pelts under provisions established by the commission must personally present the pelt to a representative of the department for placement of the nontransferable tag or mark and shall furnish the following:
(1) Date of take;
(2) County of take and nearest major geographical landmark;
(3) Sex; and
(4) Method of take (trap, call or hounds).
The department shall mark bobcat pelts and issue bobcat shipping tags for export of pelts at designated department offices during the trapping season and for a 14-day period immediately following the trapping season.
An administrative fee of $3.00 shall be charged for the issuance of each shipping tag. There is no fee for marking bobcat pelts not for sale.
(d) It is unlawful for any person to import, receive from out-of-state, or receive for sale, any bobcat pelt, or parts thereof that is not:
(1) Marked with the current export or shipping tag from the state of origin.
(2) Accompanied by an import declaration in accordance with Section 2353 of the Fish and Game Code, and specifying the number and kind of raw pelts in the shipment, the state in which the bobcats were taken, the license number under which they were taken and attesting that they were legally taken. Demonstration of the declaration of entry, pelt ownership and proof of legal take and marking is required of anyone receiving bobcat pelts from out-of-state upon the request of the department. The provisions of subsections (a), (b) and (c) shall not apply to raw bobcat pelts, or parts thereof, which were not taken in California.
NOTE

Authority cited: Sections 3003.1 and 4150, Fish and Game Code. Reference: Sections 3003.1 and 4150, Fish and Game Code.
HISTORY

1. New section filed 11-9-77 as an emergency; effective upon filing (Register 77, No. 46).
2. Amendment filed 12-15-77 as an emergency; effective upon filing (Register 77, No. 51).
3. Certificate of Compliance filed 1-20-78 (Register 78, No. 3).
4. Amendment filed 5-11-79; designated effective 7-1-79 (Register 79, No. 19).
5. Amendment filed 5-19-80; designated effective 5-19-80 (Register 80, No. 21).
6. Amendment filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
7. Amendment of subsection (c) and new subsection (d) filed 6-7-82; designated effective tenth day thereafter (Register 82, No. 24).
8. Amendment of subsections (a)(1) and (c) filed 7-1-86; effective upon filing (Register 86, No. 27). 
9. New first paragraph and amendment of Note filed 6-2-99; operative 6-2-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 23).
§479.1. Bobcat Pelts. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4150, Fish and Game Code. Reference: Section 4150, Fish and Game Code.
HISTORY

1. New section filed 4-5-79 as an emergency; effective upon filing (Register 79, No. 14).
2. Expired by own terms 8-3-79 (Register 79, No. 31). 
§480. Bobcat Depredation.
Note     •     History

Any person taking a depredating bobcat pursuant to the provisions of Fish and Game Code Section 3003.1 and Section 465.5 of these regulations, shall notify the department within thirty days from the date any bobcat is taken.
NOTE

Authority cited: Sections 3003.1 and 4150, Fish and Game Code. Reference: Sections 3003.1 and 4150, Fish and Game Code.
HISTORY

1. New section filed 11-9-77 as an emergency; effective upon filing (Register 77, No. 46).
2. Certificate of Compliance filed 1-20-78 (Register 78, No. 3).
3. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
4. Amendment of section heading filed 6-22-84 as an emergency; designated effective 7-1-84 (Register 84, No. 29).
5. Order of Repeal of 6-22-84 emergency order filed 7-2-84 by OAL pursuant to Government Code Section 11349.6(b) (Register 84, No. 29).
6. Amendment of section heading filed 11-21-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 47). 
7. Amendment of section and Note filed 6-2-99; operative 6-2-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 23).
§485. American Crow.
Note     •     History

(a) Shotgun, Falconry, and Archery Seasons, and Bag and Possession Limits.

 	 (1) Seasons	(2) Daily Bag and
		Possession Limits

     Season:	The first Saturday in	Bag Limit:
	December and extending	24 crows per day
	for 124 consecutive days
		Possession Limit:
		double the daily bag limit
    (3) Area:	Statewide: see closure 
	area (d) below

(b) Crows may only be taken by shotguns 10 gauge or smaller using shot shells only and incapable of holding more than three shells in the magazine and chamber combined, bow and arrow, and falconry. Crows may not be hunted from aircraft.
(c) No person shall kill or cripple a crow pursuant to this section without making a reasonable effort to retrieve the bird, and retain it in their actual custody at the place where taken or between that place and either: (1) their automobile or principal means of land transportation; or (2) their personal abode or temporary or transient place of lodging; or (3) a migratory bird preservation facility; or (4) a post office; or (5) a common carrier facility.
(d) Crows may not be taken in the following areas:
(1) Within the boundaries of the Trinity and Mendocino National Forests south of Highway 36.
(2) North and east of a line beginning at the mouth of the Eel River; south along the Eel River to the town of Alton; east on Highway 36 from the town of Alton to Highway 89 west of Chester; south and east on Highways 89 and 395 to Interstate 15 near Hesperia; south on Interstate 15 to Interstate 10; and east on Interstate 10 to the California-Arizona border.
(e) See Section 472(d) for the take of American crows causing depredation.
NOTE

Authority cited: Sections 355, 356 and 3800, Fish and Game Code. Reference: Sections 355, 356 and 3800, Fish and Game Code.
HISTORY

1. New section filed 8-13-80; designated effective 8-15-80 (Register 80, No. 33).
2. Amendment of subsection (c) filed 1-15-81; effective thirtieth day thereafter (Register 81, No. 3).
3. Amendment filed 9-16-81; designated effective tenth day thereafter (Register 81, No. 38).
4. Editorial correction of subsections (b), (e)(2) and (f) filed 8-26-82 (Register 82, No. 35).
5. Amendment of subsections (a) and (f) filed 9-27-85; effective tenth day thereafter (Register 85, No. 39). 
6. Amendment of subsection (a) filed 9-30-92; operative 9-30-92 pursuant to Fish and Game Code sections 202 and 215 (Register 92, No. 40).
7. Repealer of first paragraph and subsections (a) and (b), new subsection (a) and subsection relettering filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 40).
Chapter 7. Migratory Game Birds
§500. Pigeons, Band-Tailed. [Repealed]
Note     •     History

NOTE

Authority cited: Section 355, Fish and Game Code. Reference: Section 355, Fish and Game Code.
HISTORY

1. Amendment of subsection (a) filed 8-2-76; designated effective upon filing (Register 76, No. 32). For prior history, see Register 75, No. 31.
2. Amendment of subsection (a) filed 7-28-77; designated effective upon filing (Register 77, No. 31).
3. Amendment of subsection (a) filed 8-1-78; designated effective upon filing (Register 78, No. 31).
4. Amendment filed 8-9-79; designated effective 9-1-79 (Register 79, No. 32).
5. Amendment of subsection (a) filed 8-13-80; designated effective 8-15-80 (Register 80, No. 33).
6. Amendment of NOTE filed 8-18-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 34).
7. Amendment of subsections (a) and (b) filed 9-16-87; operative 9-16-87 pursuant to Fish and Game Code section 202 (Register 87, No. 38). 
8. Amendment of subsections (a) and (b) filed 9-30-92; operative 9-30-92 pursuant to Fish and Game Code sections 202 and 215 (Register 92, No. 40).
9. Repealer filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 40).
§501. Doves. [Repealed]
Note     •     History

NOTE

Authority cited: Section 355, Fish and Game Code. Reference: Sections 355 and 356, Fish and Game Code.
HISTORY

1. Amendment of subsections (a) and (b) filed 7-31-75; designated effective upon filing (Register 75, No. 31). For prior history, see Register 74, No. 31.
2. Amendment of subsections (a) and (b) filed 8-2-76; designated effective upon filing (Register 76, No. 32).
3. Amendment of subsections (a) and (b) filed 7-28-77; designated effective upon filing (Register 77, No. 31).
4. Amendment of subsections (a) and (b)(1) filed 8-1-78; designated effective upon filing (Register 78, No. 31).
5. Amendment filed 8-9-79; designated effective 9-1-79 (Register 79, No. 32).
6. Amendment filed 8-13-80; designated effective 8-15-80 (Register 80, No. 33).
7. Amendment of subsections (a)(1), (a)(2)(A), and (b) filed 8-18-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 34).
8. Amendment of subsection (a) filed 8-29-83; effective upon filing (Register 83, No. 36).
9. Amendment of subsections (a)(1) and (b) filed 10-17-84; effective upon filing (Register 84, No. 42).
10. Amendment of subsection (b) filed 8-29-86, operative 8-29-86, deleting the words “to the bird prior to it being prepared for consumption” and adding the words “while being moved from the place where taken to a personal abode or commercial preservation facility” (Register 86, No. 36).
11. Amendment of subsections (a) and (b) filed 9-16-87; operative 9-16-87 pursuant to Fish and Game Code Section 202 (Register 87, No. 38).
12. Amendment of subsection (a) filed 9-8-88; operative 9-8-88 (Register 88, No. 38). 
13. Repealer filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 40).
§502. Waterfowl, Migratory; American Coot and Common Moorhen (Common Gallinule).
Note     •     History

(a) Definitions.
(1) Dark geese. Dark geese include Canada geese, cackling geese, Aleutian geese and white-fronted geese (“specklebelly”).
(2) Large Canada geese. Large Canada geese include western Canada geese (“honker”) and lesser Canada geese (“lessers”).
(3) Small Canada geese. Small (about the size of a mallard) Canada geese include cackling geese and Aleutian geese. Both are white-cheeked geese nearly identical in appearance to Large Canada geese. Aleutian geese have a thin white neck ring and Cackling geese have dark breasts. Both species have a high-pitched cackle as opposed to the deeper “honking”.
(4) White geese. White geese include Ross' geese and snow geese.
(b) Waterfowl Hunting Zones.
(1) Northeastern California Zone: In that portion of California lying east and north of a line beginning at the intersection of Interstate 5 with the California-Oregon state line; south along Interstate 5 to its junction with Walters Lane south of the town of Yreka; west along Walters Lane to its junction with Easy Street; south along Easy Street to the junction with Old Highway 99; south along Old Highway 99 to the point of intersection with Interstate 5 north of the town of Weed; south along Interstate 5 to its junction with Highway 89; east and south along Highway 89 to Main Street in Greenville; north and east to its junction with North Valley Road; south to its junction of Diamond Mountain Road; north and east to its junction with North Arm Road; south and west to the junction of North Valley Road; south to the junction with Arlington Road (A22); west to the junction of Highway 89; south and west to the junction of Highway 70; east on Highway 70 to Highway 395; south and east on Highway 395 to the point of intersection with the California-Nevada state line; north along the California-Nevada state line to the junction of the California-Nevada-Oregon state lines west along the California-Oregon state line to the point of origin.
(2) Southern San Joaquin Valley Zone: All of Kings and Tulare counties and that portion of Kern County north of the Southern California Zone.
(3) Southern California Zone: In that portion of southern California (but excluding the Colorado River zone) lying south and east of a line beginning at the mouth of the Santa Maria River at the Pacific Ocean; east along the Santa Maria River to where it crosses Highway 166 near the City of Santa Maria; east on Highway 166 to the junction with Highway 99; south on Highway 99 to the crest of the Tehachapi Mountains at Tejon Pass; east and north along the crest of the Tehachapi Mountains to where it intersects Highway 178 at Walker Pass; east on Highway 178 to the junction of Highway 395 at the town of Inyokern; south on Highway 395 to the junction of Highway 58; east on Highway 58 to the junction of Interstate 15; east on Interstate 15 to the junction with Highway 127; north on Highway 127 to the point of intersection with the California-Nevada state line.
(4) Colorado River Zone: In those portions of San Bernardino, Riverside, and Imperial counties lying east of the following lines: Beginning at the intersection of Highway 95 with the California-Nevada state line; south along Highway 95 to Vidal Junction; south through the town of Rice to the San Bernardino-Riverside county line on a road known as “Aqueduct Road” in San Bernardino County; south from the San Bernardino-Riverside county line on road known in Riverside County as the “Desert Center to Rice Road” to the town of Desert Center; east 31 miles on Interstate 10 to its intersection with the Wiley Well Road; south on this road to Wiley Well; southeast along the Army-Milpitas Road to the Blythe, Brawley, Davis Lake intersections; south on the Blythe-Brawley paved road to its intersection with the Ogilby and Tumco Mine Road; south on this road to Highway 80; east seven miles on Highway 80 to its intersection with the Andrade-Algodones Road; south on this paved road to the intersection of the Mexican boundary line at Algodones, Mexico.
(5) Balance of State Zone: That portion of the state not included in Northeastern California, Southern California, Colorado River or the Southern San Joaquin Valley zones.
(A) Special Management Areas
1. North Coast. All of Del Norte and Humboldt counties.
2. Humboldt Bay South Spit. Beginning at the intersection of the north boundary of Table Bluff County Park and the South Jetty Road; north along the South Jetty Road to the South Jetty; west along the South Jetty to the mean low water line of the Pacific Ocean; south along the mean low water line to its intersection with the north boundary of the Table Bluff County Park; east along the north boundary of the Table Bluff County Park to the point of origin.
3. Sacramento Valley. Beginning at the town of Willows; south on Interstate 5 to the junction with Hahn Road; east on Hahn Road and the Grimes-Arbuckle Road to the town of Grimes; north on Highway 45 to its junction with Highway 162; north on Highway 45-162 to the town of Glenn; west on Highway 162 to the point of beginning.
4. Morro Bay. Beginning at a point where the high tide line intersects the State Park boundary west of Cuesta by the Sea; northeasterly to a point 200 yards offshore of the high tide line at the end of Mitchell Drive in Baywood Park; northeasterly to a point 200 yards offshore of the high tide line west of the Morro Bay State Park Boundary, adjacent to Baywood Park; north to a point 300 yards south of the high tide line at the end of White Point; north along a line 400 yards offshore of the south boundary of the Morro Bay City limit to a point adjacent to Fairbanks Point; northwesterly to the high tide line on the sand spit; southerly along the high tide line of the sand spit to the south end of Morro Bay; easterly along the Park boundary at the high tide line to the beginning point.
5. Martis Creek Lake. The waters and shoreline of Martis Creek Lake, Placer and Nevada counties.
6. Northern Brant. Del Norte, Humboldt and Mendocino counties.
7. Balance of State Brant. That portion of the state not included in the Northern Brant Special Management Area.
8. Imperial County. Beginning at Highway 86 and the Navy Test Base Road; south on Highway 86 to the town of Westmoreland; continue through the town of Westmoreland to Route S26; east on Route S26 to Highway 115; north on Highway 115 to Weist Rd.; north on Weist Rd. to Flowing Wells Rd.; northeast on Flowing Wells Rd. to the Coachella Canal; northwest on the Coachella Canal to Drop 18; a straight line from Drop 18 to Frink Rd.; south on Frink Rd. to Highway 111; north on Highway 111 to Niland Marina Rd.; southwest on Niland Marina Rd. to the old Imperial County boat ramp and the water line of the Salton Sea; from the water line of the Salton Sea, a straight line across the Salton Sea to the Salinity Control Research Facility and the Navy Test Base Road; southwest on the Navy Test Base Road to the point of beginning.
(c) Statewide Seasons and Bag and Possession Limits for American Coots, and Common Moorhens.

 (1) Species	 (2) Season	 (3) Daily Bag and
		Possession Limits

American Coot	Concurrent with duck	25 per day, 25 in possession,
and Common	season(s)	either all of one species or a
Moorhen		mixture of these species.
(d) Seasons and Bag and Possession Limits for Ducks and Geese by Zone.
(1) Northeastern California Zone (NOTE: SEE SUBSECTION (5)(D) BELOW FOR SPECIAL SEASONS AND CLOSURES.)

 (A) Species	 (B) Season	 (C) Daily Bag and
		Possession Limits

Ducks (including	From the second	Daily bag limit: 7
Mergansers)	Saturday in October	Daily bag limit may include:
	extending for 105 days.	· 7 mallards, but
		  not more than 2 females.
	Scaup: From the second	· 2 pintail (either sex).
	Saturday in October	· 1 canvasback (either sex).
	extending for 86 days.	· 2 redheads (either sex).
		· 3 scaup (either sex).

		Possession limit: double the
		daily bag limit.

Geese 	From the second	Daily bag limit: 8
	Saturday in October 	Daily bag limit may include:
	extending for 100 days. 	· 6 white geese.
		· 6 dark geese but not more
		 than 2 Large Canada
 		 geese (see definitions:
 		 502(a)).

		Possession limit: double the
		daily bag limit.
(2) Southern San Joaquin Valley Zone (NOTE: SEE SUBSECTION (5)(D) BELOW FOR SPECIAL SEASONS AND CLOSURES.)

 (A) Species	 (B) Season	 (C) Daily Bag and
		Possession Limits

Ducks (including	A split season from	Daily bag limit: 7
Mergansers)	the second Saturday in	Daily bag limit may include:
	October extending for	· 7 mallards, but
	a period of 23 days and	  not more than 2 females.
	from the second Saturday	· 2 pintail (either sex).
	in November extending	· 1 canvasback (either sex).
	for a period of 79 days.	· 2 redheads (either sex).
		· 3 scaup (either sex).
	Scaup: From the second	Possession limit: double the 
	Saturday in November	daily bag limit.
	extending for 79 days.

Geese 	From the fourth	Daily bag limit: 8
	Saturday in October	Daily bag limit may include:
	extending for 100 days.	· 6 white geese.
		· 6 dark geese (see 
		 definitions: 502(a)).

		Possession limit: double the
		daily bag limit.
(3) Southern California Zone (NOTE: SEE SUBSECTION (5)(D) BELOW FOR SPECIAL SEASONS AND CLOSURES.)

 (A) Species	 (B) Season	 (C) Daily Bag and
		Possession Limits

Ducks (including	From the fourth Saturday	Daily bag limit: 7
Mergansers)	in October extending	Daily bag limit may include:
	for 100 days. 	· 7 mallards, but
		  not more than 2 females.
	Scaup: From the first	· 2 pintail (either sex).
	Saturday in November	· 1 canvasback (either sex).
	extending for 86 days.	· 2 redheads (either sex).
		· 3 scaup (either sex).

		Possession limit: double the  
		daily bag limit.

Geese	From the fourth	Daily bag limit: 8
	Saturday in October	Daily bag limit may include:
	extending for 100 days.	· 6 white geese.
		· 3 dark geese
		  (see definitions:
		 502(a)).

		Possession limit: double
		the daily bag limit.
(4) Colorado River Zone (NOTE: SEE SUBSECTION (5)(D) BELOW FOR SPECIAL SEASONS AND CLOSURES.)

 (A) Species	 (B) Season	 (C) Daily Bag and
		Possession Limits

Ducks (including	From the Friday after	Daily bag limit: 7
Mergansers).	the third Sunday in	Daily bag limit may include:
	October extending	· 7 mallards, but
	for 101 days. 	  not more than 2 females
		.  or Mexican-like ducks.
	Scaup: From the first	· 2 pintail (either sex).
	Saturday in November	· 1 canvasback (either sex).
	extending for 86 days.	· 2 redheads (either sex).
		· 3 scaup (either sex).

		Possession limit: double the
		daily bag limit.

Geese	From October 21	Daily bag limit: 6
	extending for 101 days.	Daily bag limit may include:
		· 6 white geese.
		· 3 dark geese
		  (see definitions: 502(a)).

		Possession limit: double the
		daily bag limit.
(5) Balance of State Zone (NOTE: SEE SUBSECTION (D) BELOW FOR SPECIAL SEASONS AND CLOSURES.)

 (A) Species	 (B) Season	 (C) Daily Bag and
		Possession Limits

Ducks (including	From the fourth Saturday	Daily bag limit: 7
Mergansers).	in October extending for	Daily bag limit may include:
	100 days.	· 7 mallards, but
		  not more than 2 females.

	Scaup: From the first	· 2 pintail (either sex).
	Saturday in November	· 1 canvasback (either sex).
	extending for 86 days.	· 2 redheads (either sex).
		· 3 scaup (either sex).

		Possession limit: double the
		daily bag limit.

Geese 	Early Season: Large	Daily bag limit: 8
	Canada geese only from	Daily bag limit may include:
	the first Saturday in 	· 6 white geese.
	October for a period of 	· 6 dark geese 
	5 days EXCEPT in the	 EXCEPT in the
	North Coast Special	 Sacramento Valley
	Management Area where	 Special Management Area
	Large Canada geese are	 where only 2 may be 
 	closed during the early	 white-fronted geese (see
	season.	 definitions: 502(a)).
 		 
	Regular Season: Dark	Possession limit: double the
	and white geese from the 	daily bag limit.
	fourth Saturday in October
	for 100 days EXCEPT in
	the Sacramento Valley 
	Special Management Area 
	where the white-fronted 
	goose season will close 
	after December 21.

	Late Season: White-
	fronted geese and white
	geese from the third
	Saturday in February
	extending for 5 days
	EXCEPT in the Sacramento
	Valley Special Management
	Area where the white-
	fronted goose season
	is closed. During the Late
	Season, hunting is not
	permitted on public areas.
(D) Special Management Areas

 Area	Species	Season

1. North Coast	All Canada Geese	From the first Saturday in
		November extending for
		a period of 83 days
		(Regular Season) and
		from the third Saturday
		in February extending
		for a period of 22 days 
		(Late Season). During the Late
 		Season, hunting is not 
		permitted on public areas.

		Daily bag limit:
		6 Canada Geese of which
		only 1 may be a Large
		Canada goose (see 
		definitions: 502(a)),
		EXCEPT during the Late
		Season the bag limit
		on Large Canada geese
		is zero.

		Possession limit: double the
 		daily bag limit.

2. Humboldt Bay 	All species	Closed during brant season.
South Spit

3. Sacramento	White-Fronted	Open concurrently with
Valley	Geese	 the goose season through 
		December 21, and
 		during Youth Waterfowl
		Hunting Days. 

		Daily bag limit: 2
		white-fronted geese.
		
		Possession limit: double the
 		daily bag limit.

4.  Morro Bay	All species	Open in designated area only
		from the opening day of brant
		season through the remainder
 		of waterfowl season.

5. Martis Creek 
Lake	All species	Closed until November 16.

6. Northern Brant	Black Brant	From November 7 
		extending for 30 days.

		Daily bag limit: 2
		Possession limit: double
		the daily bag limit.

7. Balance of State	Black Brant	From the second Saturday
Brant		in November extending for
		30 days.
		Daily bag limit: 2
		Possession limit: double
		the daily bag limit.

8. Imperial County	White geese	From the first Saturday in 
		November extending for a
		period of 86 days (Regular
 		Season) and from the second 
		Saturday in February 
		extending for 16
 		days (Late Season). During the
 		Late Season, hunting is not
 		permitted on public areas.

		Daily bag limit: 6
		Possession limit: double the
		daily bag limit.
(e) Youth Waterfowl Hunting Days Regulations (NOTE: To participate in these Youth Waterfowl Hunts, federal regulations require that hunters must be 15 years of age or younger and must be accompanied by a non-hunting adult 18 years of age or older.)
(1) Statewide Provisions.

(A) Species	(B) Season	(C) Daily Bag Limit

Ducks (including	1. Northeastern 	Same as regular season.
Mergansers), 	California Zone: The 	
American Coot,	Saturday fourteen days	
Common Moorhen,	before the opening of	
Black Brant, Geese	waterfowl season	
	extending for 2 days.	

	2. Southern San Joaquin
	Valley Zone: The
	Saturday following the
	closing of waterfowl
	season extending for 
	2 days.

	3. Southern California
	Zone: The Saturday
	following the closing 
	of waterfowl season
	extending for 2 days.

	4. Colorado River
	Zone: The Saturday
	following the closing of
	waterfowl season extending 
	for 2 days.

	5. Balance of State
	Zone: The Saturday 
	following the closing
	of waterfowl season
	extending for 2 days.
(f) Falconry Take of Ducks (including Mergansers), Geese, American Coots, and Common Moorhens.
(1) Statewide Provisions

 (A) Species	 (B) Season	 (C) Daily Bag and
		Possession Limits

Ducks (including	1.	Northeastern California	Daily bag limit: 3
Mergansers),		Zone. Open concurrently	Daily bag limit makeup:
Geese, American		with duck season extending	· Either all of 1 species
Coot and		for 105 days.	  or a mixture of species
Common			  allowed for take.
Moorhen	

	2.	Balance of State Zone.	Possession limit: 6
		Open concurrently 	
		with duck season and	
		February 4-5, 2012,
		except in the North Coast
		Special Management Area 
		where the falconry season
		for geese runs concurrently 
		with the season for Small
		Canada geese (see 
		502(d)(5)(D)1.)

	3.	Southern San Joaquin
		Valley Zone. Open 
		concurrently with duck 
		season and January 30,
		2012 -- February 1, 2012. 
		Goose hunting in this 
		zone by means of falconry 
		is not permitted.

	4.	Southern California Zone.
		Open concurrently with duck
		season extending
		for 107 days, except in the 
		Imperial County Special 
		Management Area where the 
		falconry season for geese runs 
		concurrently with the season for 
		white geese.

	5.	Colorado River Zone. Concurrent 
		with duck season and from
		January 30, 2012 -- February 2, 
		2012. Goose hunting in this zone 
		by means of falconry is not
		permitted. Federal regulations
		require that California's
		hunting regulations conform
		to those of Arizona, where goose
		hunting by means of falconry
		is not permitted.
NOTE

Authority cited: Sections 202 and 355, Fish and Game Code. Reference: Sections 202, 355 and 356, Fish and Game Code.
HISTORY

1. Amendment filed 10-5-88; operative 10-5-88 (Register 88, No. 41). For prior history, see Register 87, No. 41.
2. Amendment filed 10-13-89; operative 10-13-89 pursuant to Fish and Game Code section 355 (Register 89, No. 42).
3. Amendment of subsections (a), (b) and (c) filed 11-15-90; operative 11-15-90 pursuant to Fish and Game Code section 355 (Register 91, No. 3).
4. Amendment filed 10-10-91; operative 10-10-91 pursuant to Fish and Game code section 215 (Register 92, No. 13).
5. Amendment filed 11-5-92; operative 11-5-92 pursuant to Fish and Game Code section 202 and 215 (Register 92, No. 45).
6. Amendment of subsections (b)(1), (b)(2)(A)1 and 3, (b)(3)(A)1 and 2, (b)(4)(A)1, (b)(5) and (b)(5)(A)1 and 3, (c)(1)(C), (c)(2)(A), (c)(3) and  Note filed 11-4-93; operative 11-4-93 pursuant to Fish and Game Code sections 202 and 215 (Register 93, No. 45).
7. Amendment filed 10-7-94; operative 10-7-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 40).
8. Repealer and new section filed 10-12-95; operative 10-12-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 41).
9. Amendment of subsections (c)-(e) filed 9-23-96; operative 9-23-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 39).
10. Amendment of subsections (c)(2), (d)(1)(B)-(d)(2)(C), (d)(3)(B)-(C), (d)(4)(B)-(C), (d)(5)(A)-(C) and (e)(1)(B) filed 10-29-97; operative 10-29-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 44).
11. Amendment of section heading and subsections (c)-(c)(1), (d)(3) and (e)(1), filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code section 202 and 215 (Register 98, No. 40).
12. Repealer and new subsection (b)(5)(A)5., amendment of subsections (c)(1), (d)(1), (d)(2), (d)(4), (d)(5) and (e) filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 40).
13. Amendment filed 9-27-99; operative 9-27-99 pursuant to Fish and Game Code sections 202 and 205 (Register 99, No. 40).
14. Amendment filed 9-25-2000; operative 9-29-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 39).
15. Amendment filed 10-3-2001; operative 10-6-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 40).
16. Amendment filed 10-9-2002; operative 10-12-2002 pursuant to Fish and Game Code section 355 (Register 2002, No. 41).
17. Amendment filed 9-26-2003; operative 9-27-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 39).
18. Amendment of subsections (d)(1)(B)-(C), (d)(2)(B)-(C), (d)(3)(B)-(C), (d)(4)(B), (d)(5)(B)-(D) and (f)(2)(B) filed 11-4-2004; operative 11-4-2004 pursuant to Fish and Game Code section 355 (Register 2004, No. 45).
19. Amendment filed 9-30-2005; operative 9-30-2005 pursuant to Fish and Game Code section 355 (Register 2005, No. 39).
20. Amendment filed 9-19-2006; operative 9-19-2006 pursuant to Government Code section 11343.4  (Register 2006, No. 38).
21. Amendment of subsections (b)(5)(A)2., (d)(1)(C), (d)(2)(C), (d)(4)(B)-(C), (d)(5)(C), (d)(5)(D)1.-2., (d)(5)(D)4., (d)(5)(D)7., (e)(1)(B) and (f)(1)(B) filed 9-19-2007; operative 9-19-2007 pursuant to Fish and Game Code section 355 (Register 2007, No. 38).
22. Amendment of subsections (d)(1)(C), (d)(2)(C), (d)(3)(C), (d)(4)(C) and (d)(5)(C) filed 10-25-2007; operative 10-25-2007 pursuant to Fish and Game Code section 355 (Register 2007, No. 43). 
23. New subsection (b)(5)(A)8., amendment of subsections (d)(1)(B)-(C), (d)(2)(B)-(C), (d)(3)(B)-(C), (d)(4)(B)-(C), (d)(5)(B)-(C) and (d)(5)(D)1., new subsection (d)(5)(D)8. and amendment of subsections (e)(1)(B)4. and (f)(1)(B)3.-5. filed 9-15-2008; operative 9-15-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 38).
24. Amendment of subsections (b)(1), (b)(5)(A)3., (b)(5)(A)6., (b)(5)(A)8., (d)(1)(B)-(C), (d)(2)(B)-(C), (d)(3)(B)-(C), (d)(4)(B)-(C), (d)(5)(B)-(D)1., (d)(5)(D)3.-4., (e) and (f)(1)(B)  filed 9-15-2009; operative 9-15-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 38). 
25. Amendment of subsections (d)(1)(C), (d)(2)(C), (d)(4)(B), (d)(5)(B)-(C), (d)(5)(D)1., (d)(5)(D)6., (e), (f)(1)(B)3. and (f)(1)(B)5. filed 9-21-2010; operative 9-21-2010 pursuant to Fish and Game Code sections 202 and 355 (Register 2010, No. 39).
26. Amendment of subsections (d)(1)(C), (d)(2)(C), (d)(4)(B), (d)(5)(B)-(C), (d)(5)(D)1., (d)(5)(D)3. (f)(1)(B)2.-3. and (f)(1)(B)5. filed 8-29-2011; operative 8-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 35).
§502.1. North Coast Canada Goose Hunt. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 203 and 355, Fish and Game Code. Reference: Sections 200, 355 and 356, Fish and Game Code.
HISTORY

1. New section filed 9-12-97; operative 9-12-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 37).
2. Amendment of subsection (d) filed 10-2-98; operative 10-2-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 40).
3. Amendment of subsection (d) and Note filed 9-1-2000; operative 9-1-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 35).
4. Repealer filed 9-18-2002; operative 9-18-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 38).
§503. Crop Damage and Nuisance Canada Geese.
Note     •     History

In accordance with the provisions of Section 355 of the Fish and Game Code and pursuant to the Migratory Bird Treaty Act, the Fish and Game Commission does hereby approve the following federal orders and permits:
(a) all orders and permits by the federal government authorizing the herding or take of migratory game birds to alleviate crop depredation.
(b) the Airport Control Order (50 CFR 21.49) except trapping and relocation of Canada geese from airports may only occur under the terms and conditions of a permit issued by the Department.
(1) Requests for permits to trap and relocate Canada geese from airports shall be submitted to the department at 1812 Ninth Street, Sacramento, CA 95814 in writing and shall include the following information:
(A) Name and address of applicant
(B) Location (airport) and number of geese to be trapped and relocated
(C) Location of, and proof of permission to use, release site
(c) the Nest and Egg Control Order (50 CFR 21.50) may occur under the terms and conditions of a permit issued by the Department (note: Registration is required by the U.S. Fish and Wildlife Service at: https://epermits.fws.gov/eRCGR/geSI.aspx).
(1) Requests for permits to destroy nests and eggs of Canada geese from the counties not listed in subsection (c)(2) shall be submitted to the Department at 1812 Ninth Street, Sacramento, CA 95814 in writing and shall include the following information:
(A) Name and address of applicant
(B) Location and number of nests and/or eggs to be destroyed
(2) Exception: Nests and eggs of Canada geese may be destroyed without a permit issued by the department only in the following counties: Sonoma, Napa, Solano, Marin, Contra Costa, Alameda, San Francisco, San Mateo, Santa Clara, Santa Cruz, San Benito, Monterey, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange and San Diego counties.
(d) the Public Health Order (50 CFR 21.52).
NOTE

Authority and reference cited: Migratory Bird Treaty Act (16USC703 et seq.); and Section 355, Fish and Game Code.
HISTORY

1. Renumbered from former Section 310 (Register 59, No. 9). For history of former section, see Register 57, No. 4.
2. Repealer and new section filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41). 
3. Amendment of section heading, section and Note filed 8-11-2008; operative 9-10-2008 (Register 2008, No. 33).
§504. Possession, Transportation and Importation of Migratory Game Birds. [Repealed]
Note     •     History

NOTE

Authority and reference cited: 16 U.S.C.A., Section 703 et seq. (Migratory Bird Treaty Act); and Section 355, Fish and Game Code.
HISTORY

1. Amendment of subsection (b) filed 8-24-71; designated effective upon filing (Register 71, No. 35). For prior history, see Register 68, No. 29.
2. Repealer and new section filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
3. Amendment of subsection (b) and Authority and Reference filed 8-29-86, operative 8-29-86, making the following changes: Subsection (b): deleting the words “doves and” adding the words “Doves must have a fully feathered wing attached”; Authority and reference: adding the words “16 U.S.C.A., Section 703 et seq.” (Register 86, No. 36). 
4. Repealer filed 10-12-95; operative 10-12-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 41).
§505. Decoys.
Note     •     History

The use of live birds as decoys is prohibited.
NOTE

Authority and reference cited: Migratory Bird Treaty Act and Section 355, Fish and Game Code.
HISTORY

1. Renumbered from former Section 332 (Register 59, No. 9). For history of former section, see Register 17, No. 4.
2. Amendment filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41). 
§506. Shooting Hours.
Note     •     History

The shooting hours for migratory game birds, including mourning doves, white-winged doves, band-tailed pigeons, American coots, common moorhens, common snipe (jacksnipe), and waterfowl for all of California shall be from one-half hour before sunrise to sunset.

Exception: In areas open to hunting on, over or adjacent to the waters of Morro Bay, San Luis Obispo County, the shooting time shall be from 7:00 a.m. to sunset.
NOTE

Authority cited: Sections 202, 355 and 3000, Fish and Game Code. Reference: Sections 202, 355, 356 and 3000, Fish and Game Code.
HISTORY

1. Amendment filed 8-30-62 as an emergency; effective upon filing (Register 62, No. 18). For prior history, see Register 61, No. 18.
2. Certificate of Compliance--Section 11422.1, Government Code, filed 10-10-62 (Register 62, No. 21).
3. Amendment filed 8-29-63 as an emergency; effective upon filing (Register 63, No. 14).
4. Amendment filed 9-11-64; effective upon filing (Register 64, No. 19).
5. Amendment of NOTE filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
6. Amendment filed 10-7-83; effective upon filing (Register 83, No. 41).
7. Amendment filed 10-11-85; effective upon filing) Register 85, No. 44).
8. Amendment filed 10-5-88; operative 10-5-88 (Register 88, No. 41).
9. Amendment filed 10-13-89; operative 10-13-89 pursuant to Fish and Game Code Section 355 (Register 89, No. 42). 
10. Amendment filed 9-27-99; operative 9-27-99 pursuant to Fish and Game Code sections 202 and 205 (Register 99, No. 40).
11. Amendment of last paragraph and Note filed 9-30-2005; operative 9-30-2005 pursuant to Fish and Game Code section 355 (Register 2005, No. 39).
§507. Provisions Related to the Taking of Migratory Game Birds.
Note     •     History

(a) Authorized Methods. Only the following methods may be used to take migratory game birds:
(1) Falconry.
(2) Bow and Arrows or Crossbows. Only arrows or crossbows bolts with flu- flu fletching may be used except that conventionally fletched arrows may be used to take waterfowl sitting on the water from scullboats or similar watercraft. Archers hunting during any archery season may not possess a firearm while in the field engaged in archery hunting.
(3) Muzzle-loading Shotguns.
(4) Shotguns 10 Gauge or Smaller. Shotguns 10 gauge or smaller using shot shells only and incapable of holding more than three shells in the magazine and chamber combined may be used. except no shotgun larger than 12 gauge shall be used in areas open to hunting on, over or adjacent to the waters of Morro Bay, San Luis Obispo County. If a plug is used to reduce the capacity of a magazine to fulfill the requirements of this section, the plug must be of one piece construction incapable of removal without disassembling the gun. Shotgun shells may not be used or possessed that contain shot size larger than No. BB in lead or T shot in steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service. All shot shall be loose in the shell.
(b) Use of Dogs. Dogs may be used to take and retrieve migratory game birds.
(c) Prohibition on Electronically or Mechanically-operated Devices. Electronic or mechanically-operated calling or sound-reproducing devices are prohibited when attempting to take migratory game birds. It is unlawful to use devices that are either electronically-powered, or activated by anything other than natural wind, to directly or indirectly cause rotation of decoy wings or blades that simulate wings, when attempting to take waterfowl between the start of the waterfowl season and November 30.
(d) Live Decoy Prohibition. The use of live decoys is prohibited when attempting to take migratory game birds.
NOTE

Authority cited: Section 355, Fish and Game Code. Reference: Sections 355, 356 and 3005, Fish and Game Code.
HISTORY

1. Renumbered from former Section 334 (Register 59, No. 9).
2. Amendment filed 9-11-64; effective upon filing (Register 64, No. 19).
3. Amendment filed 10-11-78 as an emergency; effective upon filing (Register 78, No. 41).
4. Certificate of Compliance filed 12-22-78 (Register 79, No. 1).
5. Amendment filed 9-26-79; effective upon filing (Register 79, No. 39).
6. Amendment filed 9-23-80; designated effective 10-1-80 (Register 80, No. 39).
7. Repealer and new section filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
8. Amendment filed 10-7-83; effective upon filing (Register 83, No. 41).
9. Amendment filed 10-11-85; effective upon filing (Register 85, No. 44).
10. New subsection (h) filed 10-2-87; operative 10-2-87 (Register 87, No. 41).
11. Amendment of subsection (e) filed 12-23-94; operative 1-23-95 (Register 94, No. 51).
12. Repealer and new section filed 9-23-96; operative 9-23-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 39).
13. Amendment of subsection (c) filed 10-3-2001; operative 10-6-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 40).
14. Amendment of subsection (c) filed 10-9-2002; operative 10-12-2002 pursuant to Fish and Game Code section 355 (Register 2002, No. 41).
15. Amendment of subsection (c) filed 9-21-2010; operative 9-21-2010 pursuant to Fish and Game Code sections 202 and 355 (Register 2010, No. 39).
§507.1. Nontoxic Shot Requirement for Waterfowl, American Coot and Common Moorhen Hunting.
Note     •     History

Only bismuth-tin, steel, copper-plated steel, nickel-plated steel, tin-plated steel, zinc-plated steel, zinc chloride-plated steel, zinc chromate-plated steel, iron-tungsten, iron-tungsten-nickel, tungsten-bronze, tungsten-iron-copper-nickel, tungsten-matrix, tungsten-polymer, tungsten-tin-iron, tungsten-tin-bismuth, and tungsten-tin-iron-nickel or other nontoxic shot approved by the U.S. Fish and Wildlife Service may be used or possessed for waterfowl, American coot and common moorhen hunting statewide.
NOTE

Authority cited: Section 355, Fish and Game Code. Reference: Sections 355 and 356, Fish and Game Code; and Part 20, Title 50, Code of Federal Regulations, as amended January 26, 2006 (FR Vol 71, No. 17, 4294-4297).
HISTORY

1. New section filed 10-10-86; effective upon filing (Register 86, No. 41). For history of former section, see Register 85, No. 40.
2. Amendment filed 10-9-87; operative 10-9-87 (Register 87, No. 42).
3. Amendment of subsections (a) and (b) filed 10-5-88; operative 10-5-88 (Register 88, No. 41).
4. Amendment of subsections (a) and (b) filed 10-13-89; operative 10-13-89 pursuant to Fish and Game Code Section 355 (Register 89, No. 42).
5. Amendment of subsections (a) and (b) filed 11-15-90; operative 11-15-90 pursuant to Fish and Game Code section 355 (Register 91, No. 3).
6. Amendment of section heading, and repealer and new text filed 11-4-93; operative 11-4-93 pursuant to Fish and Game Code sections 202 and 215 (Register 93, No. 45).
7. Amendment of section heading and section filed 12-23-94; operative 1-23-95 (Register 94, No. 51).
8. Amendment filed 10-3-2001; operative 10-6-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 40).
9. Change without regulatory effect amending section filed 9-21-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 39).
10. Change without regulatory effect amending section and Note filed 7-12-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 28).
§507.5. Scull Boats.
Note     •     History

Migratory game birds may not be taken by a scull boat or similar watercraft while under motorized power. The motor shall be removed from its mountings before any take or approach is attempted.
This section shall not prohibit shooting migratory game birds from scull boats or similar watercraft with motor attached if beached or anchored; nor shall it prohibit the use of a motor for the sole purpose of picking up dead or injured birds.
NOTE

Authority and reference cited: Migratory Bird Treaty Act and Section 355, Fish and Game Code.
HISTORY

1. New section filed 8-24-71, designated effective upon filing (Register 71, No. 35). 
§508. Feeding of Migratory Waterfowl. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 240, 355 and 3806, Fish and Game Code. Reference: Sections 240, 355 and 3806, Fish and Game Code.
HISTORY

1. Amendment of subsections (b) and (c) filed 7-28-77; effective thirtieth day thereafter (Register 77, No. 31).
2. Amendment of NOTE filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
3. Amendment filed 7-28-88; operative 7-28-88 (Register 88, No. 33).
4. Amendment of subsection (b)(3) filed 7-11-89; operative 7-11-89 (Register 89, No. 28). 
5. Repealer filed 9-23-96; operative 9-23-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 39).
§509. Concurrence with Federal Regulations.
Note     •     History

(a) The regulations adopted by the United States through its Secretary of Interior under the Migratory Bird Treaty Act, as amended annually in Part 10, subparts A and B, and Part 20, Title 50, Code of Federal Regulations, are hereby adopted and made a part of this Title 14 except where said federal regulations are less restrictive than the provisions of Chapter 7 of this Title 14 (sections 500-509), the provisions of Chapter 7 prevail.
(b) Any violations of the regulations adopted pursuant to subsection (a) are violations of this section.
(c) It shall be unlawful for any person aged sixteen years or older to take any migratory waterfowl unless at the time of such taking the person carries in his or her immediate possession an unexpired Federal migratory-bird hunting and conservation stamp validated by his or her signature written by him or herself in ink across the face of the stamp prior to any taking of such birds.
NOTE

Authority cited: Section 355, Fish and Game Code. Reference: Part 10, subparts A and B, and Part 20, Title 50, CFR, amended Sept. 18, 1987, 52 Fed. Reg. 35248; 16 USC 718a; and Sections 355 and 356, Fish and Game Code.
HISTORY

1. Amendment filed 9-4-75; effective upon filing (Register 75, No. 36). For prior history, see Register 74, No. 35.
2. Amendment filed 8-31-76; effective upon filing (Register 76, No. 36).
3. Amendment filed 9-7-77; designated effective upon filing (Register 77, No. 37).
4. Amendment filed 8-31-78; designated effective upon filing (Register 78, No. 35).
5. Amendment filed 9-26-79; effective upon filing (Register 79, No. 39).
6. Amendment filed 9-23-80; designated effective 10-1-80 (Register 80, No. 39).
7. Amendment filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
8. Amendment filed 10-14-82; effective upon filing (Register 82, No. 42).
9. Amendment filed 10-7-83; effective upon filing (Register 83, No. 41).
10. Amendment filed 10-12-84; effective upon filing (Register 84, No. 41).
11. Amendment filed 10-11-85; effective upon filing (Register 85, No. 44).
12. Amendment filed 10-10-86; effective upon filing (Register 86, No. 41).
13. Amendment filed 10-2-87; operative 10-2-87 (Register 87, No. 41).
14. Amendment filed 10-5-88; operative 10-5-88 (Register 88, No. 41).
15. Amendment filed 10-13-89; operative 10-13-89 pursuant to Fish and Game Code section 355 (Register 89, No. 42).
16. Amendment filed 11-15-90; operative 11-15-90 pursuant to Fish and Game Code section 355 (Register 91, No. 3).
17. Amendment filed 11-5-92; operative 11-5-92 pursuant to Fish and Game Code section 202 and 215 (Register 92, No. 45).
18. Amendment filed 11-4-93; operative 11-4-93 pursuant to Fish and Game Code section 202 and 215 (Register 93, No. 45).
19. Designation of existing regulation as subsection (a), new subsections (b)-(c) and amendment of Note filed 9-19-2007; operative 9-19-2007 pursuant to Fish and Game Code section 355 (Register 2007, No. 38).
§510. State Duck Stamp.
Note     •     History

Any adult license holder taking ducks, geese, or brant must have a current state duck stamp affixed to their license.
NOTE

Authority cited: Migratory Bird Treaty Act and Section 355, Fish and Game Code. Reference: Migratory Bird Treaty Act and Sections 355 and 3700, Fish and Game Code.
HISTORY

1. New section filed 8-24-71; designated effective upon filing (Register 71, No. 35).
2. Repealer and new section filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41). 
Chapter 8. Wildlife and Public  Shooting Areas
§550. Regulations for General Public Use Activities on All State Wildlife Areas Listed Below.
Note     •     History

(a) State Wildlife Areas:
(1) Antelope Valley Wildlife Area (Sierra County) (Type C);
(2) Ash Creek Wildlife Area (Lassen and Modoc counties) (Type B);
(3) Bass Hill Wildlife Area (Lassen County), including the Egan Management Unit (Type C);
(4) Battle Creek Wildlife Area (Shasta and Tehama counties);
(5) Big Lagoon Wildlife Area (Humboldt County) (Type C);
(6) Big Sandy Wildlife Area (Monterey and San Luis Obispo counties) (Type C);
(7) Biscar Wildlife Area (Lassen County) (Type C);
(8) Buttermilk Country Wildlife Area (Inyo County) (Type C);
(9) Butte Valley Wildlife Area (Siskiyou County) (Type B);
(10) Cache Creek Wildlife Area (Lake County), including the North Fork Cache Creek and Harley Gulch management units (Type C);
(11) Camp Cady Wildlife Area (San Bernardino County) (Type C);
(12) Cantara/Ney Springs Wildlife Area (Siskiyou County) (Type C);
(13) Cartago Wildlife Area, Inyo County (Type C);
(14) Cedar Roughs Wildlife Area (Napa County) (Type C);
(15) Cinder Flats Wildlife Area (Shasta County) (Type C);
(16) Clear Lake Wildlife Area (Lake County), including the Rodman Slough Unit (Type C);
(17) Collins Eddy Wildlife Area (Sutter and Yolo counties) (Type C);
(18) Colusa Bypass Wildlife Area (Colusa County) (Type C);
(19) Coon Hollow Wildlife Area (Butte County) (Type C);
(20) Cottonwood Creek Wildlife Area (Merced County), including the Upper Cottonwood and Lower Cottonwood management units (Type C);
(21) Crescent City Marsh Wildlife Area (Del Norte County);
(22) Crocker Meadow Wildlife Area (Plumas County) (Type C);
(23) Daugherty Hill Wildlife Area (Yuba County) (Type C);
(24) Decker Island Wildlife Area (Solano County) (Type C);
(25) Doyle Wildlife Area (Lassen County) (Type C);
(26) Dutch Flat Wildlife Area (Modoc County) (Type C);
(27) East Walker River Wildlife Area (Mono County) (Type C);
(28) Eel River Wildlife Area (Humboldt County) (Type C);
(29) Elk Creek Wetlands Wildlife Area (Del Norte County);
(30) Elk River Wildlife Area (Humboldt County) (Type C);
(31) Fay Canyon Wildlife Area (Alpine County) (Type C);
(32) Fay Slough Wildlife Area (Humboldt County) (Type C);
(33) Feather River Wildlife Area (Sutter and Yuba counties), including the Abbott Lake, Lake of the Woods, Marysville, Morse Road, Nelson Slough, O'Connor Lakes, Shanghai Bend, and Star Bend management units (Type C);
(34) Fitzhugh Creek Wildlife Area (Modoc County) (Type C);
(35) Fremont Weir Wildlife Area (Yolo County) (Type C);
(36) French Valley Wildlife Area (Riverside County) (Type C);
(37) Grass Lake Wildlife Area (Siskiyou County) (Type C);
(38) Gray Lodge Wildlife Area (Butte and Sutter counties) (Type A);
(39) Green Creek Wildlife Area (Mono County) (Type C);
(40) Grizzly Island Wildlife Area (Solano County), including the Garibaldi Crescent (Type A), Gold Hills (Type B), Goodyear Slough (Type B), Grey Goose (Type C), Grizzly Island (Type A), Island Slough (Type B), Joice Island (Type A), West Family (Type B) and Montezuma Slough management units;
(41) Hallelujah Junction Wildlife Area (Lassen and Sierra counties) (Type C);
(42) Heenan Lake Wildlife Area (Alpine County) (Type C);
(43) Hill Slough Wildlife Area (Solano County);
(44) Hollenbeck Canyon Wildlife Area (San Diego County) (Type C);
(45) Honey Lake Wildlife Area (Lassen County) (Type B);
(46) Hope Valley Wildlife Area (Alpine County) (Type C);
(47) Horseshoe Ranch Wildlife Area (Siskiyou County) (Type C);
(48) Imperial Wildlife Area (Imperial County), including the Wister Management Unit (Type A) and Finney Ramer Management Units (Type C);
(49) Indian Valley Wildlife Area (Lake County) (Type C);
(50) Kelso Peak and Old Dad Mountains Wildlife Area (San Bernardino County) (Type C);
(51) Kinsman Flat Wildlife Area (Madera County) (Type C);
(52) Knoxville Wildlife Area (Napa and Yolo counties) (Type C);
(53) Laguna Wildlife Area (Sonoma County) (Type C);
(54) Lake Berryessa Wildlife Area (Napa County) (Type C);
(55) Lake Earl Wildlife Area (Del Norte County) (Type C);
(56) Lake Sonoma Wildlife Area (Sonoma County) (Type C);
(57) Little Panoche Reservoir Wildlife Area (Fresno County) (Type C);
(58) Los Banos Wildlife Area (Merced County) (Type A);
(59) Lower Sherman Island Wildlife Area (Sacramento County) (Type C);
(60) Mad River Slough Wildlife Area (Humboldt County) (Type C);
(61) Marble Mountains Wildlife Area (San Bernardino County) (Type C);
(62) Mendota Wildlife Area (Fresno County) (Type A);
(63) Merrill's Landing Wildlife Area (Tehama County) (Type C);
(64) Miner Slough Wildlife Area (Solano County) (Type C);
(65) Monache Meadows Wildlife Area (Tulare County) (Type C);
(66) Morro Bay Wildlife Area (San Luis Obispo County) (Type C);
(67) Moss Landing Wildlife Area (Monterey County) (Type C);
(68) Mouth of Cottonwood Creek Wildlife Area (Shasta and Tehama counties) (Type C);
(69) Mud Lake Wildlife Area (Siskiyou County) (Type C);
(70) Napa-Sonoma Marshes Wildlife Area (Solano, Napa, and Sonoma counties), including the American Canyon, Coon Island, Dutchman Slough, Huichica Creek, Napa River, Ringstrom Bay, Sonoma Creek, Tolay Creek, and Wingo management units (Type C); and Green Island, Southern Crossing, and White Slough management units; 
(71) North Grasslands Wildlife Area (Merced and Stanislaus counties), including the China Island, Gadwall, and Salt Slough management units (Type A);
(72) O'Neill Forebay Wildlife Area (Merced County) (Type C);
(73) Oroville Wildlife Area (Butte County), including the Thermalito Afterbay Management Unit (Type C);
(74) Petaluma Marsh Wildlife Area (Marin and Sonoma counties), including the Black John Slough, Burdell, and Petaluma River management units (Type C); and Bahia, Day Island, Green Point, Novato Creek, Point Sonoma, and Rush Creek management units; 
(75) Pickel Meadow Wildlife Area (Mono County (Type C));
(76) Pine Creek Wildlife Area (Modoc County) (Type C);
(77) Point Edith Wildlife Area (Contra Costa County) (Type C);
(78) Putah Creek Wildlife Area (Solano County) (Type C);
(79) Rector Reservoir Wildlife Area (Napa County) (Type C);
(80) Red Lake Wildlife Area (Alpine County) (Type C);
(81) Rhode Island Wildlife Area Contra Costa County (Type C);
(82) Sacramento Bypass Wildlife Area (Yolo County) (Type C);
(83) Sacramento River Wildlife Area (Butte, Colusa, and Glenn counties) (Type C);
(84) San Felipe Valley Wildlife Area (San Diego County) (Type C);
(85) San Jacinto Wildlife Area (Riverside County) including the Davis Road Unit, and the Potrero Unit (Type A);
(86) San Luis Obispo Wildlife Area (San Luis Obispo County);
(87) San Luis Reservoir Wildlife Area (Merced County) (Type C);
(88) San Pablo Bay Wildlife Area (Marin and Sonoma counties) (Type C);
(89) Santa Rosa Wildlife Area (Riverside County) (Type C);
(90) Shasta Valley Wildlife Area (Siskiyou County) (Type B);
(91) Sheepy Ridge Wildlife Area (Siskiyou County) (Type C);
(92) Silver Creek Wildlife Area (Lassen County) (Type C);
(93) Slinkard-Little Antelope Wildlife Area (Mono County) (Type C);
(94) Smithneck Creek Wildlife Area (Sierra County) (Type C);
(95) South Fork Wildlife Area (Kern County) (Type C);
(96) South Spit Wildlife Area (Humboldt County) (Type C);
(97) Spenceville Wildlife Area (Yuba and Nevada counties) (Type C);
(98) Surprise Valley Wildlife Area (Modoc County) (Type C);
(99) Sutter Bypass Wildlife Area (Sutter County) (Type C);
(100) Tehama Wildlife Area (Tehama County) (Type C);
(101) Truckee River Wildlife Area (Placer and Nevada counties), including the Boca, Polaris, Union Ice, and West River management units (Type C);
(102) Upper Butte Basin Wildlife Area (Butte and Glenn counties), including the Howard Slough, Little Dry Creek, and Llano Seco management units (Type A);
(103) Volta Wildlife Area (Merced County) (Type A);
(104) Waukell Creek Wildlife Area (Del Norte County) (Type C);
(105) Warner Valley Wildlife Area (Plumas County) (Type C);
(106) West Hilmar Wildlife Area (Merced and Stanislaus counties) (Type C);
(107) West Walker River Wildlife Area (Mono County) (Type C);
(108) White Slough Wildlife Area (San Joaquin County) (Type C);
(109) Willow Creek Wildlife Area (Lassen County) (Type B);
(110) Yolo Bypass Wildlife Area (Yolo County).
(b) Area Regulations:
(1) Regional Manager's Authority: The regional manager shall have the authority to regulate public use of State wildlife areas where such use is not provided for in these regulations or in sections 551 and 552 of this title.
(2) Entry Restrictions. The department may limit the number of persons entering any area listed in section 550 or 551 of this title during any period for safety reasons, to reduce crowding, to provide for the limited take of a species, or may close portions of areas or close areas entirely to public entry or to specific activities. No person shall enter an area that has been closed to the public, except by written permission of the regional manager. On wildlife areas where entry and exit sites are designated by the department, no person shall enter or leave except at designated sites.
(3) Procedures for Issuing Entry Permits. In the event that the department elects to limit the number of hunters, trappers, or other users, entry 

permits will be issued on a first-come, first-served basis, or by a drawing to be held at a designated department office. The department shall inform the commission in writing and the public via the news media of any implementation of the provisions of this subsection, when limits imposed under this subsection differ substantially for a specific area from the prior year. Such notification shall include: the State wildlife area affected, the time period, the reason for the limitation or closure, the number of entry permits to be issued, and the method of issuance.
(4) Permit Requirements. No person shall enter any State wildlife area or portion thereof where the department has limited public entry without a valid entry permit in their immediate possession. [See subsections 551(f), (g), and (h) for regulations regarding general requirements and costs for individual entry permits. See subsection 551(q) for entry permit requirements for specific areas.] Upon leaving the State wildlife area, the permit must be completed and returned to the checking station, or drop box.
(5) Use Permits for Organized Events. Any person organizing an event or gathering to be conducted on a State wildlife area shall obtain a use permit from the appropriate regional manager. Such events or gatherings shall be compatible with wildlife area objectives.
(6) Motor Driven Vehicles.
(A) No person shall drive, operate, leave, place, or stop any motor driven vehicle or trailer on any State wildlife area except on public or established roads or on designated jeep trails and such other areas as designated by the department. No person shall park or leave any motor driven vehicle or trailer in any area where signs prohibiting parking are posted. Unless noted in subsections 551(q) or 552(a) the use of off highway vehicles (OHV's) and all terrain vehicles (ATV's) is prohibited on areas owned and/or managed by the department. The department may designate the parking lot where a person must park a vehicle while on the wildlife area. 
(B) No person shall drive a vehicle carelessly in willful disregard of the rights or safety of others, or without due caution or at a speed or in a manner likely to endanger any person, property, or wildlife.
(7) Signs, Traffic and Road Closures.
(A) Drivers of motor driven vehicles operated within the wildlife areas shall comply with the directions of traffic signs posted in the area by the department.
(B) No person shall damage, remove, or destroy any barrier, sign, signpost, or signboard on any wildlife area.
(8) Boats.
(A) The department may restrict the use and operation of boats on State wildlife areas, department administered national wildlife refuges, and State recreation areas to protect natural resources or provide for the orderly operation of hunting and fishing programs on these areas. Boating restrictions may include, but not be limited to, limiting boat speeds, limiting motor size and type, or prohibiting the use of motors. During the times waterfowl are present, the provisions of Section 251 of this Title will also apply.
(B) Except as prohibited in subsection 551(q), boats may be used under the following regulations on State wildlife areas, department administered national wildlife refuges, and State recreation areas.
1. When launch sites are designated by the department, all boats must be launched and removed from those sites.
2. All persons shall remove their boats from the waters or beach when instructed to do so by an employee of the department. Any peace officer may remove the boat of any person who has been instructed to remove their boat from the waters or beach, and fails to comply with the instruction of the employee of the department. 
3. The use of boats may be restricted to certain zones designated by the department.
4. Boat speed shall not exceed five miles per hour unless otherwise noted in subsection 551(q).
5. Any peace officer may remove any boat that is left unattended in the waters or on the beach in excess of 72 hours. 
(9) Vandalism and Litter.
(A) No person shall tamper with, damage, or remove any property not his own when such property is located within a State wildlife area.
(B) No person shall leave, deposit, drop, bury, or scatter bottles, broken glass, feathers, hides, wastepaper, cans, sewage, or other rubbish in any State wildlife area except in a receptacle or area designated for that purpose, and no person shall import and deposit any rubbish or toxic substance into State wildlife areas from other places. Where no designated receptacles are provided, any refuse resulting from a person's use of the area must be removed from the area by such person.
(10) Trees and Minerals.
(A) No person shall dig up, cut, damage, or remove from a wildlife area any trees, shrubs, vines, plants or wood, except that vegetation may be cut and used for the purpose of building blinds, unless otherwise directed by the area manager.
(B) No person shall dig up or remove any humus, soil, sand, gravel, or rock.
(11) Bottles and Artifact Collecting. No person shall collect or remove bottles or artifacts, or dig or otherwise disturb the soil to locate or remove bottles or artifacts, from any Wildlife Area.
(12) Camping and Unattended Personal Property. No person shall camp, including on a boat, in any part of a State wildlife area except in areas designated by the department. (See subsection 551(q) for additional camping restrictions on specific areas). Camping on wildlife areas shall be limited to not more than seven consecutive days, and not more than 14 days total in any calendar year, except by written permission of the Regional Manager. Personal property may not be left on State wildlife areas for camping or other purposes, except at authorized locations. Decoys may not be left in the field overnight, except as provided in subsection 551(q). Any hunting blinds on wildlife areas shall be available on a first-come, first-served basis.
(13) Fires. From April 30 through October 30 on Type C areas, and during the entire year on Type A and B areas, no person shall build or maintain fires except in portable gas stoves, in charcoal briquette barbeques, or in fireplaces at sites developed by the department. No fire shall be left unattended and all fires shall be extinguished with water before leaving. (See subsection 551(q) for additional fire restrictions.)
(14) Use of Dogs and Field Trials. The department may prohibit or restrict the use of dogs on any State wildlife area (see subsection 551(q)). Except as further prohibited in subsection 551(q), dogs are allowed only for hunting or when under immediate control. Dogs must be leashed at designated campsites and checking station areas. Special permits are required for field trials. Dog training is allowed only in areas designated by the department.
(15) Pesticides Use. No person, other than authorized federal, state, or local employees conducting a pest control program approved by the department, shall apply any pesticide in any State wildlife area.
(16) Livestock. No person shall permit livestock, including but not limited to cattle, horses, sheep, goats, and hogs, to browse, graze, bed, cross, or otherwise trespass on any State wildlife area except under an authorized grazing permit issued by the department. The recreational use of horses is allowed, except as designated in subsection 551(q). Persons who fail to remove their livestock from any State wildlife area within 48 hours after receiving official notice of trespass by the regional manager through certified mail, shall be in violation of this section.
(17) Fish and Frogs. Fish and frogs may not be taken for commercial purposes (see subsection 551(q) for specific area regulations).
(18) Hunting and Trapping. Hunting and trapping shall be allowed on State wildlife areas during the regular open seasons subject to subsection 550(b)(19), 551(b), and 551(q), and such other area use regulations as specified by the regional manager. 
(19) Areas where hunting and possession of firearms and archery equipment are prohibited. No person, except authorized personnel, shall possess or discharge a firearm, bow and arrow, air or gas gun, spear gun, or other propulsive device of any kind in the following areas: Battle Creek, Crescent City Marsh, Elk Creek Wetlands, Eureka Slough, and Hill Slough wildlife areas; Cordelia Slough and Montezuma Slough management units of Grizzly Island Wildlife Area; White Slough Unit of Napa-Sonoma Marshes Wildlife Area; and Bahia, Day Island, Green Point, Novato Creek, Point Sonoma, and Rush Creek units of the Petaluma Marsh Wildlife Area. 
(20) Fireworks / Explosives -- No person shall possess or light fireworks or other explosive or incendiary devices on any state owned or managed wildlife area, except by written permission of the area manager or as provided for in Sections 551(b) or 551(q).
(21) Possession and use of Alcohol or other Controlled Substances. No person shall possess or use alcohol or other controlled substances while in the field hunting or engaged in other authorized recreational activities on any State wildlife area or Federal wildlife refuge. For the purpose of this section, “in the field” is defined as all areas except checking stations and designated parking areas. The possession and/or use of controlled substances pursuant to 11550 of the Health and Safety Code are prohibited on all areas managed and/or controlled by the department.
(22) Ejection. The department may eject any person from a State wildlife area for violation of any of these rules or regulations or for disorderly conduct, intoxication, or when a department employee determines that the general safety or welfare of the area or persons thereon is endangered. The decision, in such respect, of any department employee assigned management or enforcement responsibilities for the area shall be final.
(23) User Responsibility for Knowing Regulations. All wildlife area users shall be responsible for area-specific regulations listed under subsection 551(q). Failure to comply with any of the area-specific regulations shall be a violation of this subsection.
NOTE

Authority cited: Sections 200, 202, 203, 355, 713, 1050, 1526, 1528, 1530, 1570-1572, 1765 and 10504, Fish and Game Code. Reference: Sections 355, 711, 713, 1050, 1055.3, 1526, 1528, 1530, 1570-1572, 1585, 1764, 1765, and 10504, Fish and Game Code.
HISTORY

1. Repealer and new section filed 10-8-93; operative 10-8-93  pursuant to section 202 and 215, Fish and Game Code (Register 93, No. 41). For prior history, see Register 93, No. 28.
2. New subsections (a)(8), (24), (60), (70), (83), (94) and (98) and subsection renumbering filed 9-20-94; operative 10-24-94 (Register 94, No. 38).
3. Editorial correction of subsections (b)(10), (13), (14) and (16) (Register 94, No. 38).
4. Amendment filed 10-5-94; operative 11-4-94 (Register 94, No. 40).
5. New subsection (a)(99), amendment of subsections (b)(8)-(10) and (b)(15), new subsection (b)(18), and amendment of Note filed 9-12-95; operative 9-12-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 37).
6. Amendment of section and Note filed 10-1-96; operative 10-1-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 40).
7. New subsections (a)(63) and (a)(73), subsection renumbering and amendment of subsection (b)(12) filed 10-3-97; operative 10-3-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 40).
8. New subsections (a)(52) and (a)(77), subsection renumbering and amendment of subsection (b)(2) filed 10-16-98; operative 10-16-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 42).
9. New subsection (a)(81), subsection renumbering, repealer of former subsection (a)(106) and amendment of subsections (b)(2), (b)(6)(A), (b)(7), (b)(7)(B) and (b)(19) filed 10-6-99; operative 10-6-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 41).
10. Repealer of subsection (a)(9), subsection renumbering and amendment of newly designated subsection (a)(96) and subsection (b)(13) filed 9-28-2000; operative 9-28-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 39).
11. Amendment of subsections (a)(29), (a)(32), (a)(49), (a)(67), (a)(103), (b)(17) and (b)(19) filed 10-23-2001; operative 10-23-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 43).
12. Amendment of subsection (a)(37), new subsections (a)(41), (a)(79) and (b)(20) and subsection renumbering filed 9-9-2002; operative 9-9-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 37).
13. Amendment of subsections (a)(10)-(11), new subsections (a)(15) and (a)(35), subsection renumbering, amendment of newly designated subsection (a)(85) and subsections (b)(4) and (b)(14) and amendment of Note filed 11-4-2004; operative 11-4-2004 pursuant to Fish and Game Code section 215 (Register 2004, No. 45).
14. New subsections (a)(13), (a)(34), (a)(36), (a)(96) and (a)(107), repealer of subsections (a)(30), (a)(35), (a)(48) and (a)(96), subsection renumbering, amendment of subsections (a)(70), (a)(74), (b)(6)(A), (b)(8)(B)2., new subsection (b)(2)(8)(B)5., amendment of subsection (b)(12), (b)(14) and (b)(19), new subsection (b)(20), subsection renumbering and amendment of newly designated subsection (b)(21) filed 11-7-2007; operative 12-7-2007 (Register 2007, No. 45).
§551. General Use, Hunting, Firearms, and Archery Equipment Use and Permit Requirements on State and Federal Areas.
Note     •     History

(a) The following regulations apply to areas listed below:
(1) State wildlife areas listed in Section 550. (See subsection 550(b)(19) for areas where possession and use of firearms and archery equipment are completely prohibited.)
(2) Areas operated in cooperation with the U.S. Fish and Wildlife Service (for additional regulations for Federal areas, see Section 552):
(A) Colusa National Wildlife Refuge, Type A (Colusa County);
(B) Delevan National Wildlife Refuge, Type A (Colusa County);
(C) Kern National Wildlife Refuge, Type A (Kern County);
(D) Merced National Wildlife Refuge, Type A (Merced County);
(E) Sacramento National Wildlife Refuge, Type A (Glenn and Colusa counties);
(F) Sacramento River National Wildlife Refuge, including the La Barranca Unit, Blackberry Island Unit, Mooney Unit, Ohm Unit, Flynn Unit, Heron Island Unit, and Rio Vista Unit (Tehama Co.); Pine Creek Unit, Dead Man's Reach Unit, North Llano Seco Island 1 & 2 Units, and Llano Seco Riparian Sanctuary Unit (Butte Co.); and McIntosh Landing North and South Units, Capay Unit, Phelan Island Unit, Jacinto Unit, Ord Unit, Ord Bend Unit, South Ord Unit, Hartley Island Unit, Sul Norte Unit, Codora Unit, Packer Unit, Afton Unit, North Drumheller Slough Unit, and Drumheller Slough Unit (Glenn Co.); Type C;
(G) San Luis National Wildlife Refuge, Type A (Merced County), including the San Luis, Kesterson, West Bear Creek, Freitas, and Blue Goose Units;
(H) Sonny Bono Salton Sea National Wildlife Refuge, Type A (Imperial County) (operated with the Imperial Wildlife Area);
(I) Stone Lakes National Wildlife Refuge, Type A (Sacramento County);
(J) Sutter National Wildlife Refuge, Type A (Sutter County).
(3) Areas operated in cooperation with other Federal agencies:
(A) Baldwin Lake, Type C (San Bernardino County);
(B) Volta Wildlife Area, Type A (Merced County);
(C) Lake Sonoma Wildlife Area, Type C (Sonoma County).
(4) Areas operated in cooperation with other State agencies:
(A) O'Neill Forebay Wildlife Area, Type C (Merced County);
(B) San Luis Reservoir Wildlife Area, Type C (Merced and Santa Clara counties);
(C) Little Panoche Reservoir Wildlife Area, Type C (Fresno County);
(D) Perris Reservoir State Recreation Area, area day use fee (Riverside County).
(E) Clifton Court Forebay, Type C (Contra Costa County).
(b) Method of Take.
(1) Firearms and Archery Equipment, General: Except as otherwise provided, no person shall possess in the field or discharge a firearm, bow and arrow, air or gas gun, or other propulsive device of any kind on any wildlife area (see section 551(b)(9)).
(2) Except as otherwise provided, no shotguns larger than twelve gauge and no rifles, pellet guns, combination rifle-shotguns, pistols, archery equipment, or revolvers shall be possessed in the field or discharged on any Type A or Type B areas. All legal firearms and archery equipment may be used on Type C areas unless prohibited (see subsection 551(q)).
(3) Shotgun shells shall not contain shot size larger than size BB in lead and size T in steel. The use or possession of shot size larger than BB in non-toxic shot other than steel is prohibited on State and Federal Wildlife areas. On those areas where big game species may be hunted, shotguns with slugs may be used. 
(4) Except as otherwise provided, on areas with ammunition restrictions, only those persons possessing a valid hunting permit for that day may possess ammunition in the field. (See subsection 551(q), 552(a)).
(5) At Grizzly Island Wildlife Area and on all national wildlife refuges listed in Section 552, only steel  or other  nontoxic shot approved by the U.S. Fish and Wildlife Service may be used or possessed in the field. 
(6) Archery equipment shall not be used during the waterfowl and pheasant seasons on Type A and B areas, unless provided for in subsection 551(q).
(7) Loaded firearms, as defined in Section 2006 of the Fish and Game Code, are prohibited in the parking lots on all wildlife areas and on national wildlife refuges listed in Section 552.
(8) On Type C areas, raptors may be used to take legal game in accordance with general hunting regulations.
(9) On Type A and B state wildlife areas, raptors may be used to take legal game only from the first Saturday following the end of the general waterfowl season through the end of the falconry pheasant season. Raptors may be used only on Saturdays, Sundays, and Wednesdays.
(10) Except as otherwise provided, an adult-supervised youth may possess and discharge a BB gun on any wildlife area. A BB gun is not an authorized method of take and may not be used to take wildlife on any wildlife area. A BB gun is defined as an air and/or spring-actuated rifle similar to Daisy BB gun models 95 (Timberwolf), 105 (Buck), or 1938 (Red Ryder), firing a spherical BB no longer than 0.177 inches in diameter (4.5mm) at a muzzle velocity no greater than 350 feet per second. For the purpose of this section a youth is defined as a person under the age of 16.
(c) Nonhunting Uses of Firearms and Archery Equipment:
(1) Except at designated shooting sites or with a special permit, possession in the field and use of firearms and archery equipment is permitted only for the purpose of hunting on all wildlife areas and on national wildlife refuges listed in Section 552.
(2) No glass or porcelain targets shall be used on any wildlife area. Clay targets shall be used only at designated sites where their use is permitted.
(d) Hunting Days:
(1) Except as provided for  in subsection 551(q), waterfowl may be taken on Type A and Type B areas only on  Saturdays, Sundays, and Wednesdays.
(2) All Type A and Type B areas shall be closed to hunting on Christmas Day, except for the following Type B areas: Island Slough and Gold Hills units of Grizzly Island Wildlife Area. These areas will be open to hunting on Christmas Day when Christmas occurs on a Wednesday, Saturday, or Sunday.
(3) On Type C areas, shooting days shall be daily except as noted in subsections 551(b) and 551(q).
(e) Shooting Hours: Waterfowl: Except as provided for  in subsection 551(q), shooting hours on all Type A and Type B areas shall be the legal waterfowl shooting hours as designated by the U.S. Fish and Wildlife Service. Other Species: Except as noted in subsection 551(q), other species may be taken only during the hours designated for the taking of each species under the regulatory powers of the commission or U.S. Fish and Wildlife Service.
(f) Requirements for Entry Permits and Trespass: No person shall enter upon any area listed in sections 550 or 551 of this Title where the department requires a valid daily entry permit without the required entry permit in their immediate possession, or unless otherwise authorized by the department. Entry or exit must be made at locations designated by the department. Daily entry permits are required to hunt during the waterfowl and pheasant seasons on Type A and B areas. During this period daily entry permits must be returned to the checking stations where issued within one and one half hours after sunset unless otherwise designated in 551(g). Daily entry permits also may be required at other times on Type A and B areas or on Type C areas (see subsection 551(q)).
(g) Season Pass, Two-day Pass, and Entry Permits:
(1) To obtain a daily entry permit to hunt during the waterfowl and pheasant seasons on Type A areas, possession of a Type A season pass, a Type A two-day pass, or a one-day entry permit is required, except as provided in subsection 551(q). Season passes and two-day passes may be issued by department offices and license agents. The department may issue season passes, two-day passes and one-day entry permits at Type A checking stations. Persons hunting under the authority of a junior hunting license are exempt from these permit and pass requirements and shall be issued a no-fee entry permit.
(2) A Type A season pass shall be issued upon payment of the fee specified in Section 702. A Type B season pass shall be issued upon payment of the fee specified in Section 702.
(3) On Type B areas during the waterfowl and pheasant seasons, a Type B season pass or a Type A season pass is required to obtain a daily entry permit for all hunting, unless otherwise provided in subsections 551(q).
(4) A one-day entry permit shall be issued upon payment of the fee specified in Section 702. A two-day pass shall be issued upon payment of the fee specified in Section 702.
(5) At State recreation areas included in subsection 551(a)(4), the entry permit fee for hunting shall be the recreation area day-use fee.
(6) On Type C areas (all wildlife areas not listed as Type A, Type B, or State recreation areas in Section 551), no fees for hunting are required.
(7) On some areas (see subsection 551(q)), day use passes are required for all public access. Fees may be charged (see Fish and Game Code Section 1765).
(h) Issuance of One-day Entry Permits:
(1) Hunters with season passes shall not receive priority in the issuance of daily entry permits over hunters who do not have season passes.
(2) Holders of junior hunting licenses will be issued entry permits only when accompanied by an adult. An adult is defined as a person at least 18 years old. An adult may be accompanied by up to two junior hunters. On Type A and B areas, adults must accompany junior hunters in the field. On Type A and B areas when a non-shooter accompanies a junior hunter, the non-shooter will be considered a hunter possessing  valid resident or nonresident hunting license in establishing his or her place in line. Persons 16 or 17 years of age in possession of a valid resident or nonresident hunting license will be issued entry permits and may hunt by themselves, but may not be accompanied by junior hunters.
(3) Entry permits must be returned, as required by the department, when departing the area. Hunters are required to report the number and species of all game taken, as required by the department, before departing the area. All game taken on a State or Federal wildlife area shall be shown to any department employee upon request before leaving the area. 
(4) No person shall apply for, obtain, use, or have in his or her possession while hunting, any one-day entry permit which has not been issued to that person by the department or which is a duplicate, forgery, or alteration of an official department form; or which has been obtained by use of a non-validated or fraudulent application or advance reservation form. Any person who violates this section shall be barred from all State-operated areas for one calendar year following the date of discovery of the violation by the department.
(5) Any person who violates regulations governing drawing procedures for hunting opportunities on State-operated areas, other than reservation drawings described in subsection 551(j), shall not be issued a permit for that day, or shall be ejected for that day if a permit has been issued, and shall be denied entry for the remainder of the season.
(i) Daily Entry Permit Revocations, Refusals, and Ejections: On Type A and Type B areas the department is authorized to refuse to issue a one-day entry permit to anyone and to revoke this permit and eject the holder forthwith from the area for disorderly conduct, intoxication, or for any other reason when it appears that the general safety or welfare of the area, or persons thereon, is endangered. Decision of the department employee assigned management or enforcement responsibilities for the area in such respect shall be final. Any person whose entry permit has been revoked shall not be entitled to hunt or access any State operated hunt area or on any wildlife area for one calendar year from the date of discovery. Persons affected by this section may appeal such actions to the commission.
(j) Reservations:
(1) Advance reservations for waterfowl and pheasant hunting will be available for certain areas as specified under subsections 551(q) and 552(a).
(2) Reservations shall be issued by random drawing. The department shall make applications available to the public through license agents and department offices. Applicants must possess an annual or lifetime hunting license valid for the waterfowl hunting season for which they are applying. Two-day nonresident hunting licenses shall not be used to apply for reservation drawings. To be included in a reservation drawing, applications must be received by the department at the address specified on the application at least 17 days prior to the hunt date. Late, incomplete, or incorrect applications will not be included in the drawing. The fee to apply for a reservation is specified in Section 702. Hunters may apply for reservations using one or more of the following applications:
(A) One-Choice Reservation Application
(B) Five-Choice Reservation Application
(C) Season-Long Reservation Application -- hunters may apply for every available hunt date for one or more areas by completing a season-long reservation application form and returning it with the appropriate payment to the department at the address specified on the application.
(D) Reservation application fees are not refundable.
(3) Multiple Applications:
(A) The applicant is limited to one application for each area for each authorized shoot date as specified under subsections 551(q) and 552(a), unless otherwise specified in subsection 551(q).
(B) The department may eliminate from any drawing all applications not in compliance with these regulations. Persons who submit more than one application for the same shoot date for the same area may be barred from hunting on State-operated areas for a period of one year following the date of discovery of the violation by the department. Any reservation issued to any person as a result of such improper submission, or to any person already barred from the State-operated areas, shall be void and of no force and effect.
(4) Priorities: Unless otherwise stated on the reservation or on information mailed with the reservation, upon paying the appropriate fee for a one-day entry permit or presenting a two-day pass or season pass, successful applicants shall be granted a one-day entry permit during the waterfowl or pheasant season, a one-day permit shall be granted, however, only if the applicant's reservation was issued by the department in the applicant's name and is for the area requested. Applicants must enter, at the appropriate checking station on the assigned or stated hunt date. Unless otherwise provided for, the reservation will expire one and one-half hours before waterfowl shoot time. For some areas, reservations will be numbered by the department in the order in which they are drawn. These reservations will be accepted at checking stations in that order, only if the reservation holder is present at the time the number is called.
(5) Except as provided for  in subsections 551(j)(6) or  551(q), or Section 552, a reservation shall assure entry for up to six persons. No more than two may be adult (see subsection 551(h)(2)) hunters who have valid resident or nonresident licenses and no more than two may be persons 16 or 17 years of age in possession of a valid resident or nonresident hunting license (see subsection 551(h)(2)). Each adult may be accompanied by up to two hunters holding junior licenses or two non-shooters irrespective of age, or one of each. Non-shooters are defined as persons who wish to accompany a permittee in the field or remain at a designated parking space. Non-shooters shall not discharge or possess ammunition or a firearm on the area.
(6) If hunting a special blind area, a reservation will assure entry of no more persons (adult hunters, junior hunters, and/or nonshooters) than will fill the blind.
(7) Unless otherwise provided for in this section, the advance reservation system only serves to assure entry onto the area and does not necessarily constitute a method for prioritization over other users.
(k) Deferred Openings: When the department considers such deferment desirable to protect agricultural crops from waterfowl, it is hereby authorized and directed to defer opening to public access any area until in the opinion of the department the danger of crop damage in the immediate region is abated.
(l) Species Allowed:
(1) On Type A and Type B areas, only ducks, geese, coots, moorhens, and snipe which are then in season may be legally taken by permittees on designated shooting days during the open waterfowl hunting season;  unless otherwise provided under  this section or Section 552 of these regulations.
(2) Pheasant Hunting: Pheasant hunting shall be permitted as provided for in subsection 551(q) and Section 552. The regional manager may authorize junior pheasant hunts during or outside the general pheasant season. 
(3) Hunting on Type C areas General: Except as provided for in subsection 551(q), hunting is permitted  for each authorized species allowed to be hunted on each area, during the open season of that species.
(4) Turkey Hunting: Turkey hunting shall be permitted as provided for in subsection 551(q) and Section 552. The regional manager may authorize junior turkey hunts on state wildlife areas during the regular season.
(m) Assigned Hunting Zones: In order to assure proper hunter dispersal and to promote safety, the department may subdivide the open hunting portion of any Type A or Type B area into zones and assign hunters to these zones or designate where hunters shall park.
(n) Posting Closed Areas: Any portion of any State wildlife area and any adjoining lands under control of the department, may be closed to hunting or public access by the department by posting such lands with signs at least five (5) to the mile.
(o) Penalties: Failure to comply with regulations contained in sections 550, 551, or 552 may result in any or all of the following:
(1) denial of permission to enter a State-operated area; and/or
(2) revocation of any permit already issued; and/or
(3) ejection from the area for one calendar year from the date of discovery; and/or
(4) citation under the provisions of the Fish and Game Code or Title 14 of the California Code of Regulations. A proceeding under (1), (2), (3) or (4) will not preclude the invocation of any other remedy.
(p) Enforcement of Regulations: These regulations shall be incorporated by reference into and become a part of all permits. 
(q) ADDITIONAL REGULATIONS FOR SPECIFIC AREAS
In addition to the regulations in Section 550 and subsections 551(a) through 551(p), the following areas have special regulations which are listed below (see Section 552 for additional regulations on national wildlife refuges on which the department manages hunting programs):
Antelope Valley Wildlife Area, Type C (Sierra County);
Ash Creek Wildlife Area, Type B (Modoc and Lassen counties);
Baldwin Lake, Type C (San Bernardino County);
Bass Hill Wildlife Area, Type C (Lassen County);
Battle Creek Wildlife Area, (Shasta and Tehama counties);
Big Lagoon Wildlife Area, Type C (Humbolt County);
Big Sandy Wildlife Area, Type C (Monterey and San Luis Obispo counties);
Butte Valley Wildlife Area, Type B (Siskiyou County);
Cache Creek Wildlife Area, including the North Fork Cache Creek and Harley Gulch Management Units, Type C (Lake County);
Clifton Court Forebay, Type C (Contra Costa County);
Collins Eddy Wildlife Area, Type C (Sutter and Yolo counties);
Colusa Bypass Wildlife Area., Type C (Colusa County);
Cottonwood Creek Wildlife Area, Type C (Merced and Santa Clara counties);
Daugherty Hill Wildlife Area, Type C (Yuba County);
Decker Island Wildlife Area, Type C (Solano County);
Eel River Wildlife Area, Type C (Humboldt County);
Elk River Wildlife Area, Type C (Humboldt County);
Fay Slough Wildlife Area, Type C (Humboldt County);
Feather River Wildlife Area, including the Abbot Lake, Lake of the Woods, Marysville, Morse Road, Nelson Slough, O'Connor Lakes, Shanghai Bend, and Star Bend management units. Type C (Yuba and Sutter counties);
Fremont Weir Wildlife Area, Type C (Sutter and Yolo counties);
Gray Lodge Wildlife Area, including the west side and east side units, Type A (Butte County);
Grizzly Island Wildlife Area, including the Type A Crescent, Joice Island, and Grizzly Island management units, the Type B Gold Hills, Goodyear Slough, West Family, and Island Slough management units, the Type C Grey Goose Management Unit, and the Garibaldi, and Montezuma Slough management units (Solano County);
Hallelujah Junction Wildlife Area, Type C (Lassen and Sierra counties);
Heenan Lake Wildlife Area, Type C (Alpine County);
Hollenbeck Canyon Wildlife Area, Type C (San Diego County);
Honey Lake Wildlife Area, including the Dakin and Fleming units, Type B (Lassen County);
Hope Valley Wildlife Area, Type C (Alpine County);
Horseshoe Ranch Wildlife Area, Type C (Siskiyou County);
Imperial Wildlife Area, including the Type A Wister Unit and the Type C Finney Ramer Unit (Imperial County);
Indian Valley Wildlife Area, Type C (Lake County);
Kinsman Flat Wildlife Area, Type C (Madera County);
Knoxville Wildlife Area, Type C (Napa and Yolo counties)
Laguna Wildlife Area, Type C (Sonoma County);
Lake Berryessa Wildlife Area, Type C (Napa County);
Lake Earl Wildlife Area, Type C (Del Norte County);
Lake Sonoma Wildlife Area, Type C (Sonoma County);
Little Panoche Reservoir Wildlife Area, Type C (Fresno County);
Los Banos Wildlife Area, Type A (Merced County);
Lower Sherman Island Wildlife Area, Type C (Sacramento County);
Mad River Slough Wildlife Area, Type C (Humboldt County);
Mendota Wildlife Area, Type A (Fresno County);
Miner Slough Wildlife Area, Type C (Solano County);
Morro Bay Wildlife Area, Type C (San Luis Obispo County);
Moss Landing Wildlife Area, Type C (Monterey County);
Mouth of Cottonwood Creek Wildlife Area, Type C (Shasta County);
Napa-Sonoma Marshes Wildlife Area, including the American Canyon, Coon Island, Dutchman Slough, Huichica Creek, Napa River, Ringstrom Bay, Sonoma Creek, Tolay Creek, and Wingo management units, Type C, and Green Island, Southern Crossing, and White Slough Management Units (Napa, Solano, and Sonoma counties);
North Grasslands Wildlife Area, including China Island, Gadwall, and Salt Slough units, Type A (Merced and Stanislaus counties);
O'Neill Forebay Wildlife Area, Type C (Merced County);
Oroville Wildlife Area, Type C (Butte County);
Petaluma Marshes Wildlife Area, including the Black John Slough, Burdell, and Petaluma River management units, Type C, and Bahia, Day Island, Green Point, Novato Creek, Point Sonoma, and Rush Creek management units (Marin and Sonoma counties);
Point Edith Wildlife Area, Type C (Contra Costa County);
Putah Creek Wildlife Area, Type C (Solano County);
Rector Reservoir Wildlife Area, Type C (Napa County);
Red Lake Wildlife Area (Alpine County) (Type C);
Rhode Island Wildlife Area, Type C (Contra Costa County);
Sacramento Bypass Wildlife Area, Type C (Yolo County);
Sacramento River National Wildlife Refuge, Type C (Tehama, Butte, and Glenn Counties);
Sacramento River Wildlife Area, Type C (Glenn, Butte, and Colusa counties);
San Felipe Valley Wildlife Area, Type C (San Diego County);
San Jacinto Wildlife Area, including the Davis Road Unit, and the Potrero Unit, Type A (Riverside County);
San Luis Obispo Wildlife Area, daily range fees are required (San Luis Obispo County);
San Luis Reservoir Wildlife Area, Type C (Merced and Santa Clara counties);
San Pablo Bay Wildlife Area, Type C (Marin and Sonoma counties);
Santa Rosa Wildlife Area, Type C (Riverside County);
Shasta Valley Wildlife Area, Type B (Siskiyou County);
South Spit Wildlife Area, Type C, Humboldt County;
Spenceville Wildlife Area, Type C (Nevada and Yuba counties);
Surprise Valley Wildlife Area, Type C (Modoc County);
Sutter Bypass Wildlife Area, Type C (Colusa and Sutter counties);
Tehama Wildlife Area, Type C (Tehama County);
Truckee River Wildlife Area, including the Boca, Polaris, Union Ice, and West River management units, Type C (Placer and Nevada counties);
Upper Butte Basin Wildlife Area, including the Howard Slough, Little Dry Creek, and Llano Seco units, Type A (Butte and Glenn counties);
Volta Wildlife Area, Type A (Merced County);
West Hilmar Wildlife Area, Type C (Merced County);
White Slough Wildlife Area, Type C (San Joaquin County);
Willow Creek Wildlife Area, Type B (Lassen County);
Yolo Bypass Wildlife Area, Type A (Yolo County).
NORTHERN REGION
(1) Ash Creek Wildlife Area
(A) Hunt Days: Waterfowl, coots, moorhens, pheasants, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Doves: Daily during the September dove season and on waterfowl hunt days during the late dove season.
(B) Authorized Species: Waterfowl, coots, moorhens, doves, pheasants, and snipe. Pronghorn antelope may be taken during apprentice hunts only.
(C) Camping and Trailers: Allowed.
(D) Special Restrictions: Designated portions may be closed to public entry from March 1 through August 15. No person shall enter or leave the wildlife area except at designated entry points. All dogs must be on a leash from March 1 to August 15.
(2) Bass Hill Wildlife Area
(A) Hunt Days: Daily during seasons for authorized species, except for Special Restrictions listed below.
(B) Authorized Species: All legal species.
(C) Camping and Trailers: Not allowed.
(D) Special Restrictions: The Egan Management Unit of Bass Hill Wildlife Area shall be open to the use of shotguns, archery equipment, or muzzle-loading weapons, only, for all hunting seasons.
(3) Battle Creek Wildlife Area
(A) Special Restrictions: Public entry is allowed from 6:00 a.m. to 10:00 p.m. Dog field trials, dog training, horseback riding and bicycles are prohibited. Dogs must be on leash and under direct owner control.
(B) Hunting and possession of firearms and archery equipment is prohibited.
(4) Big Lagoon Wildlife Area
(A) Special Restrictions: Motorized boats are restricted to 5 mph or less.
(5) Butte Valley Wildlife Area
(A) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during the waterfowl season. Pheasants: Sundays only during the pheasant season. Doves: Daily during the September dove season and on waterfowl hunt days during the late dove season.
(B) Authorized Species: Waterfowl, coots, moorhens, snipe, pheasants, and doves. Pronghorn antelope may be taken during apprentice hunts only.
(C) Camping and Trailers: Allowed.
(D) Special Restrictions: Boats with motors are prohibited. Boating and other water-related sports are prohibited from March 1 to September 1. No person shall enter or leave the area except at designated entry points. The area is open to public use only from two hours before sunrise to one hour after sunset. Dogs must be on a leash from March 1 to August 15.
(6) Eel River Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily, during open seasons for authorized species.
(C) Authorized Species: Waterfowl, coot, snipe, and pheasant.
(D) Camping and Trailers: Not allowed.
(E) Special Restrictions: Dogs must be on a leash from March 1 through August 15. Designated portions of the Eel River Wildlife Area may be closed to vehicle entry from March 1 through September 15. Use of all terrain vehicles is prohibited all year with the exception of commercial anglers who may utilize the wave-slope for fishing access. Cannibal Island Unit of Eel River Wildlife Area closed to all public use from the Monday following youth hunting days (Subsection 502(e)(1)(B)(5)) until April 1. 
(7) Elk River Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: Waterfowl, coot, and snipe.
(D) Camping and Trailers: Not allowed.
(E) Special Restrictions: Dogs must be on a leash from March 1 through August 15. Closed to all public use from the Monday following youth hunting days (Subsection 502(e)(1)(B)(5)) until April 1. 
(8) Fay Slough Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Saturdays, Sundays, and Wednesdays during open seasons for authorized species.
(C) Authorized Species: Waterfowl, coot, and snipe.
(D) Camping and Trailers: Not allowed.
(E) Special Restrictions: Dogs must be on a leash from March 1 through August 15. Closed to all public use from the Monday following youth hunting days (Subsection 502(e)(1)(B)(5)) until April 1. 
(9) Honey Lake Wildlife Area. (Fleming and Dakin Units)
(A) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Pheasants: Waterfowl hunt days during the pheasant season. Quail and rabbits: Waterfowl hunt days that occur during the pheasant season. Doves: Daily during the September dove season and on waterfowl hunt days during the late dove season.
(B) Authorized Species: Waterfowl, snipe, coots, moorhens, pheasants, quail, doves, and rabbits.
(C) Camping and Trailers: Allowed.
(D) Special Restrictions: Designated portions of the wildlife area may be closed to all public entry from March 1 through August 15. No person shall enter or leave the area except at designated entry points. Dogs must be on a leash from March 1 to August 15.
(10) Horseshoe Ranch Wildlife Area
(A) Method of Take Restrictions: All authorized methods of take except during the spring turkey season when only shotguns and archery equipment are permitted.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: All legal species.
(D) Camping: Camping allowed.
(11) Lake Earl Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: Waterfowl, coots, snipe, and moorhens.
(D) Camping and Trailers: Not allowed.
(E) Special Restrictions: Possession and use of authorized firearms and archery equipment is permitted only within the first 100 feet of land along the shoreline and on the water surface of Lake Earl and Lake Talawa during the regular open waterfowl season. Boats are allowed, but motors are prohibited during the waterfowl season. Dogs are allowed only for hunting during open season for authorized species. Bush Creek public access is closed to all public use from the Monday following youth hunting days (Subsection 502(e)(1)(B)(5)) until April 1. 
(12) Mad River Slough Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed. 
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: Waterfowl, coot, and snipe.
(D) Camping and Trailers: Not allowed.
(E) Special Restrictions: Dogs are allowed only for hunting during open season for authorized species. Closed to all public use from the Monday following youth hunting days (Subsection 502(e)(1)(B)(5)) until April 1. 
(13) Mouth of Cottonwood Creek Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: All legal species.
(D) Camping and Trailers: Not allowed.
(E) Special Restrictions: Public entry is allowed from one hour before sunrise to one hour after sunset. Dog field trials, dog training, horseback riding, and bicycles are prohibited. Dogs must be on a leash from March 1 through August 15.
(14) Shasta Valley Wildlife Area
(A) Hunt Days: Waterfowl, snipe, coots, and moorhens: Saturdays, Sundays, and Wednesdays during open seasons. Pheasants: Sundays only during the pheasant season. Quail: Waterfowl hunt days only during waterfowl season. Doves: Daily during the September dove season and on waterfowl hunt days during the late dove season. Snipe: waterfowl hunt days only during waterfowl season.
(B) Authorized Species: Waterfowl, snipe, coots, moorhens, pheasants, quail, and doves.
(C) Camping and Trailers: Allowed.
(D) Special Restrictions: Only individuals possessing a “Type A” or Type “B” season pass and their guests (nonhunting guests and junior hunters) may enter Shasta Valley Wildlife Area on Wednesday, Saturdays, and Sundays during the waterfowl season. No person shall enter or leave the wildlife area except at designated entry points. Only electric boat motors are allowed. Dogs must be on a leash from February 1 to August 15. Pheasant hunters must have special permits obtained at the checking station. 
(15) South Spit Wildlife Area
(A) Method of Take Restrictions: No rifles, pistols, or archery equipment may be used or possessed. 
(B) Hunt Days: Daily, during open seasons for authorized species. 
(C) Authorized species: Waterfowl, coot, and snipe.
(D) Camping: Not allowed.
(E) Day Use Only. Public entry from one hour before sunrise until one hour after sunset. Open hours will be extended during the waterfowl hunting season for black brant only. 
(F) Special Restrictions: Dogs must be on a leash from March 1 to September 15 on the west side of South Jetty Road. Vehicle use on designated access roads, corridors, and waveslope only. Use of all- terrain vehicles is permitted on west side of South Jetty Road on designated access corridors and waveslope only. Firewood cutting is allowed by permit from September 16 to February 28. Equestrian use is permitted on the west side of South Jetty Road.
(16) Surprise Valley Wildlife Area
(A) Hunt Days: Daily during open seasons for authorized species.
(B) Authorized Species: All legal species.
(C) Camping and Trailers: Allowed in south parking area, except during the period April 1 to August 15.
(17) Tehama Wildlife Area
(A) Hunt Days: Daily during open seasons for authorized species, except for Special Restrictions listed below.
(B) Authorized Species: All legal species.
(C) Camping and Trailers: Allowed.
(D) Special Restrictions:
1. No person shall enter that portion of Tehama Wildlife Area lying south of Antelope Creek during the period beginning on the first Monday in December through the last Friday in March except with the prior written permission of the regional manager.
2. During the Zone G-1 deer season only persons with department issued entry permits may enter the Tehama Wildlife Area.
3. Pig hunting is restricted to persons who have been issued a Tehama Wildlife Area Pig Hunt Permit.
4. Dogs may not be used to hunt wild pigs.
(18) Willow Creek Wildlife Area
(A) Hunt Days: Saturdays, Sundays, and Wednesdays during open seasons for authorized species.
(B) Authorized Species: Waterfowl, snipe, coots, and moorhens.
(C) Camping and Trailers: Not allowed.
NORTH CENTRAL REGION 
(19) Antelope Valley Wildlife Area
(A) Hunt Days: Daily from July 1 through January 31 during open seasons for authorized species.
(B) Authorized Species: All legal species.
(C) Camping and Trailers: Trailers are not allowed. Camping is allowed only from May 1 through October 31.
(D) Special Restrictions: Hunting is allowed only from July 1 through January 31.
(20) Cache Creek Wildlife Area
(A) Hunt Days: Daily during open seasons for authorized species. 
(B) Authorized Species: All legal species. 
(C) Camping and Trailers: Trailers are not allowed. Primitive camping is allowed on all units of the Cache Creek Wildlife Area, except that no camping is allowed within one-quarter mile of designated parking areas. 
(D) Special Restrictions: Use of dogs is restricted (see Section 265, Title 14, CCR). Dogs are not allowed for pig hunting at any time of year. Horses and bicycles are allowed within the Harley Gulch Unit of the wildlife area only from the third Saturday in April through the third Saturday in November.
(21) Collins Eddy Wildlife Area
(A) Method of Take Restrictions: No rifles, pistols, or archery equipment may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species. 
(C) Authorized Species: Waterfowl, coots , moorhens, and all upland game.
(D) Camping and Trailers: Not allowed.
(22) Colusa Bypass Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: All legal species.
(D) Camping and Trailers: Not allowed.
(23) Daugherty Hill Wildlife Area
(A) Method of Take Restrictions: During the spring turkey season, only shotguns and archery equipment, and air rifles firing pellets and powered by compressed air or gas (0.20 caliber minimum for taking wild turkey), may be used in designated areas.
(B) Hunt Days: Daily from July 1 through January 31 during open seasons for authorized species and during the spring turkey season.
(C) Authorized Species: All legal species.
(D) Camping and Trailers: Camping not allowed. Overnight parking with trailers allowed in designated parking lots.
(E) Special Restrictions: Entry permit, issued by special drawing, is required for the first nine days of the spring turkey season. Hunting is allowed only from July 1 through January 31 and during the spring turkey season, when only turkeys may be hunted. Dogs are allowed with a licensed hunter only while hunting. Horses and bicycles are allowed only from May 10 to September 15 on the Daugherty Hill Unit of the Daugherty Hill wildlife area only.
(24) Feather River Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily from July 1 though January 31 during open seasons for authorized species and during the spring turkey season.
(C) Authorized Species: All legal species.
(D) Camping and Trailers: Not allowed.
(E) Special Restrictions: No person shall enter that portion of the O'Connor Lakes Management Unit marked as closed to entry from March 1 through June 30 without special authorization of the department. Hunting is allowed only from July 1 to January 31 and during the spring turkey season, when only turkeys may be hunted. The Shanghai Bend Unit is closed to hunting.
(25) Fremont Weir Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Hunting is allowed daily from July 1 through January 31 for authorized species, and during the spring turkey season, when only turkeys may be taken.
(C) Authorized Species: All legal species.
(D) Camping and Trailers: Not allowed.
(26) Gray Lodge Wildlife Area
(A) Ammunition Restrictions: A hunter shall not possess more than 25 shotgun shells while in the field during the waterfowl season.
(B) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Pheasant: Every day during the first nine days of the pheasant season. Thereafter, during the regular pheasant season, pheasant hunting will be allowed only on Saturdays, Sundays, and Wednesdays. Doves: Daily during the September dove season and only on waterfowl or pheasant hunt days during the late dove season. Quail and rabbits: Only on pheasant hunt days. Deer: Only during the Gray Lodge Deer Hunt under special permit issued by drawing.
(C) Day Use Pass Requirement for Public Access: In addition to a daily entry permit required for hunting during the waterfowl and pheasant seasons, a day use pass or valid annual pass is required of all users except for users that possess a valid California sport fishing license, hunting license, or trapping license, or users that are under 16 years of age, or users that are part of an organized youth or school group, having free permits issued by the appropriate regional office.
(D) Authorized Species: Waterfowl, snipe, coots, moorhens, pheasants, doves, quail, rabbits, and deer (special hunt only).
(E) Camping and Trailers: Allowed only during the waterfowl season. Trailers may be placed no sooner than one week before the beginning of waterfowl season on the area and must be removed no later than one week after the close of waterfowl season on the area. All campers, defined as shell or shelter made to be mounted on a pickup truck, must remain attached to a registered vehicle when on the area. All trailers must be registered at the checking station within one week of placement. 
(F) Special Restrictions: Closed to all non-hunting uses from two weeks before waterfowl season on the area to one week after waterfowl season on the area, except for the designated wildlife viewing area(s) which is (are) open on most days during the entire year. Dove hunting is allowed only in designated portions of the wildlife area. Public entry is allowed only from sunrise to sunset, except by written permission. Horses are restricted to roads only on the east side of the area and are allowed only during July and August. Hunting with falcons is restricted to the east side of this area. 
(27) Hallelujah Junction Wildlife Area
(A) Hunt Days: Daily from July 1 through January 31 during open seasons for authorized species.
(B) Authorized Species: All legal species.
(C) Camping and Trailers: Not allowed.
(D) Special Restrictions: Hunting is allowed only from July 1 through January 31 during open seasons for authorized species. Horses and bicycles are prohibited. Dogs are allowed for hunting only. The area is closed to public entry from February 1 through June 30. No person shall enter or leave the wildlife area between May 1 and January 31 except at the designated entry point adjacent to Highway 395.
(28) Heenan Lake Wildlife Area
(A) Hunt Days: Daily during open seasons for authorized species.
(B) Authorized Species: All legal species.
(C) Camping and Trailers: Not allowed.
(D) Special Restrictions: Boats are not allowed unless participating in the controlled entry fishing opportunity.
(29) Hope Valley Wildlife Area
(A) Hunt Days: Daily from the opening of archery deer season through January 31 during open seasons for authorized species.
(B) Authorized Species: All legal species.
(C) Camping and Trailers: Backpack camping east of Highway 89 only. No open fires allowed.
(D) Special Restrictions: Hunting is allowed only from the opening of archery deer season through January 31.
(30) Indian Valley Wildlife Area 
(A) Hunt Days: Daily during open seasons for authorized species. 
(B) Authorized Species: All legal species. 
(C) Camping and Trailers: Camping allowed, but trailers are prohibited. 
(D) Special Restrictions: Use of dogs restricted (see Section 265). 
(31) Oroville Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed, except at the designated target practice area.
(B) Hunt Days: Daily from September 1 through January 31 during open seasons for authorized species and during the spring turkey season.
(C) Authorized Species: All legal species.
(D) Camping and Trailers: Allowed in designated campsites. Erecting a shelter or parking a vehicle equipped with sleeping accommodations in a designated campsite is considered camping and shall be subject to camping restrictions provided in Subsection 550(b)(12).
(E) Special Restrictions: All legal firearms and archery equipment may be possessed and discharged at the target practice area, which is open all year. Only paper and clay targets may be used and must be removed by the user when leaving the area. Use of the target practice area is permitted only from sunrise to sunset. Entry permits issued by special drawing are required for turkey hunting, which is allowed only during the spring turkey season. Hunting is allowed only from September 1 through January 31 and during the spring turkey season, when only turkeys may be hunted. Fires are allowed only in portable gas stoves at sites designated for camping by the department. Dog training is allowed only in designated areas and only from July 1 through March 15. Horses are restricted to roads open to vehicles and within 25 feet of exterior boundary fences. Bicycles and horse drawn carriages are restricted to roads open to vehicles. No off-highway vehicles are allowed at any time. On the south portion of the Thermalito Afterbay Unit (those portions of the Afterbay water surface south of Highway 162), motorized boat speeds may exceed 5mph; all other portions of the wildlife area are subject to the 5mph speed limit for motorized boats. Public entry is allowed only from one hour before sunrise to one hour after sunset, except during the waterfowl season when entry is allowed from one and one half hours before sunrise to one hour after sunset. The area is closed to all public uses from one hour after sunset until the legal entry time the following morning, except for the designated camping area(s), which are open 24 hours. 
(32) Red Lake Wildlife Area
(A) Hunt Days: During open seasons for authorized species from September 1 through January 31 and during archery deer season.
(B) Authorized Species: All legal species.
(C) Camping and Trailers: Not allowed.
(33) Sacramento Bypass Wildlife Area
(A) Method of Take Restrictions: No rifles, pistols, or archery equipment may be used or possessed. Shot shells only. No buckshot or slugs.
(B) Hunt Days: Daily from September 1 through January 31 during open seasons for authorized species.
(C) Authorized Species: All legal species, except big game species.
(D) Camping and Trailers: Not allowed.
(E) Special Restrictions: Hunting is allowed only from September 1 through January 31.
(34) Sacramento River National Wildlife Refuge, including the La Barranca Unit, Blackberry Island Unit, Mooney Unit, Ohm Unit, Flynn Unit, Heron Island Unit, and Rio Vista Unit (Tehama Co.); Pine Creek Unit, Dead Man's Reach Unit, North Llano Seco Island 1 & 2 Units, and Llano Seco Riparian Sanctuary Unit (Butte Co.); and McIntosh Landing North and South Units, Capay Unit, Phelan Island Unit, Jacinto Unit, Ord Unit, Ord Bend Unit, South Ord Unit, Hartley Island Unit, Sul Norte Unit, Codora Unit, Packer Unit, Afton Unit, North Drumheller Slough Unit, and Drumheller Slough Unit (Glenn Co.).
(A) Method of Take Restrictions: Shotgun and archery only. Ammunition is restricted to only Federally approved nontoxic shot while in the field (see §32.2(k) of the CFR) except for shotgun slugs when hunting deer. No rifles, crossbows, air guns, or pistols may be used or possessed (see species specific restrictions below). Falconry is prohibited. Target shooting is prohibited. 
(B) Hunt Days: Daily during open seasons for authorized species (see authorized species below).
(C) Units open to hunting of authorized species include: La Barranca, Mooney (no waterfowl hunting), Heron Island, Rio Vista, Pine Creek, Capay, Phelan Island, Jacinto, South Ord, Llano Seco Islands 1 & 2, Sul Norte, Afton, North Drumheller Slough, and Drumheller Slough. Refer to Refuge maps and signs for areas open to hunting. All other areas and species are closed to hunting. Commercial guiding is prohibited.
(D) Migratory Game Bird Hunting. Hunting is allowed for goose, duck, coot, moorhen, dove, and snipe on designated areas of the refuge in accordance with State regulations subject to the following conditions:
1. Shotgun hunting only.
2. On Sul Norte and Drumheller Units, firearms must be unloaded (see §27.42(b) of the CFR) before transporting them between parking areas and hunting areas. “Unloaded” means that no ammunition is in the chamber or magazine of the firearm. 
3. Waterfowl hunting is not allowed on the Mooney Unit.
4. Ammunition is restricted to only Federally approved nontoxic shot while in the field (see §32.2(k) of the CFR).
5. Hunting is prohibited within 50 feet (15 m) of any landward boundary adjacent to private property.
6. Hunting is prohibited within 150 yards (135 m) of any occupied dwelling, house, residence, or other building or any barn or other outbuilding used in connection therewith.
7. All units open to public hunting are boat accessible only, except on the Sul Norte and Drumheller Slough Units, access to the hunt area is by foot traffic or boat only. Bicycles or other conveyances are prohibited. Mobility impaired hunters should consult with the refuge manager for allowed conveyances.
8. Fires on the refuge are prohibited, except for portable gas stoves on gravel bars (see §27.95(a) of the CFR).
9. Camping is allowed on gravel bars up to 7 days during any 30-day period. Camping on all other refuge lands is prohibited.
10. The refuge is open for day-use access from 1 1/2 hour before legal shoot time until 1 1/2 hour after legal sunset. Access during other hours is allowed on gravel bars only (see condition A8).
11. Dogs must be kept on a leash, except for hunting dogs engaged in authorized hunting activities, and under the immediate control of a licensed hunter or dog handler (see §26.21(b) of the CFR).
12. Permanent blinds are prohibited. All personal property, including decoys and boats must be removed by 1 1/2 hour after legal sunset (see §§27.93 and 27.94 of the CFR).
13. Cutting or removal of vegetation for blind construction or for making trails is prohibited (see §27.51 of the CFR). Introduction or importation of non-native vegetation is prohibited except as authorized (see §50CFR27.52).
(E) Upland Game Hunting. Hunting is allowed for pheasant, turkey, and quail on designated areas of the refuge in accordance with State regulations subject to the following conditions:
1. Shotgun and archery hunting only.
2. Conditions D2 through D12 apply.
(F) Big Game Hunting. Hunting is allowed for black-tailed/mule deer on designated areas of the refuge in accordance with State regulations subject to the following conditions:
1. Conditions D2, D4 through D12, and E1 apply.
2. Construction or use of permanent blinds, platforms, ladders or screw-in foot pegs is prohibited.
3. All personal property, including stands, must be removed from the refuge by 1 1/2 hour after legal sunset (see §§27.93 and 27.94 of the CFR).
4. Shotgun, firing single shotgun slugs, and archery hunting only. No rifles, air guns, or pistols may be used or possessed on the Refuge.
(G) Sport Fishing. Sport fishing is allowed on designated areas of the refuge in accordance with State regulations subject to the following conditions:
1. Conditions D7, D8, D9, and D12 apply.
2. On Packer Lake, due to primitive access, only boats up to 14 feet (4.2 m) and canoes are allowed. Electric motors only.
(35) Sacramento River Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily from July 1 through January 31, and during the spring turkey season.
(C) Authorized Species: All legal species.
(D) Camping and Trailers: Not allowed.
(E) Vehicles are prohibited.
(F) Horses and horseback riding are prohibited.
(G) Special Access Restrictions: Boat-in Only Access Units: Colusa South, Colusa North, Moulton South, Moulton North, Stegeman, Princeton South, Beehive Bend, Oxbow, Jacinto, Ord Bend, Shannon Slough, Pine Creek North, Wilson Landing, Dicus Slough, Merrills Landing. Walk-In or Boat-In Access Units: Princeton Southeast, Princeton East, Princeton North, Site 21, Pine Creek West, Pine Creek East. 
(36) Spenceville Wildlife Area
(A) Hunt Days: Daily from September 1 through January 31 during open seasons for authorized species and during the spring turkey season.
(B) Authorized Species: All legal species.
(C) Camping and Trailers: Allowed in designated campsites during the period September 1 through the end of the spring turkey season.
(D) Special Restrictions: Pursuant to the provisions of subsection 550(b), an entry permit, issued by special drawing, is required for the first nine days of the spring turkey season. During the first nine days of the spring turkey season, the wildlife area is closed to all public entry, except those individuals possessing a special permit issued by the department. Hunting is allowed only from September 1 through January 31, and during the spring turkey season, when only turkeys may be hunted. Horseback riding and bicycle riding shall be restricted to designated trails and roads, and dog training shall be restricted to designated areas. During the period from March 16 through June 30, dog training shall be prohibited. Fires are allowed only in portable gas stoves at sites designated for camping by the department. All legal firearms and archery equipment may be possessed and discharged at the designated target practice area, which is open all year. Only paper and clay targets will be allowed at the designated target practice area and must be removed prior to leaving the designated area. Use of the target practice area is permitted only from sunrise to sunset. The posted area surrounding the Spenceville Mine will be closed to public entry all year. For additional information about the closure, call (916) 358-2900.
(37) Sutter Bypass Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: All legal species.
(D) Camping and Trailers: Not allowed.
(E) Special Restrictions: Those portions of the east and west levees of the Sutter Bypass Wildlife Area, adjacent to the Sutter National Wildlife Refuge (SNWR), shall be closed to the pursuit and take of waterfowl (ducks, geese, coots, moorhens). The west levee of the Sutter Bypass Wildlife Area shall be closed from the northern boundary of the Sutter National Wildlife Refuge (SNWR) south to Oswald/Hughes road; the east levee shall be closed from the northern boundary of the SNWR south to the SNWR checking station parking lot. An additional closure to all hunting applies to the east levee from the SNWR parking lot south to the southern boundary of the SNWR, pursuant to Section 625, Title 14, CCR. All other portions of the Sutter Bypass Wildlife Area will continue to remain open for hunting, fishing and other recreation as outlined in Section 550, 551 and 625, Title 14, CCR.
(38) Truckee River Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: All legal species.
(D) Camping and Trailers: Not allowed.
(39) Upper Butte Basin Wildlife Area
(A) Ammunition Restrictions: A hunter shall not possess more than 25 shotgun shells while in the field during the waterfowl season.
(B) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open season during waterfowl season. Pheasant: Every day during the first five days  of the season, and on waterfowl hunt days during the remainder of the pheasant season. Doves and rabbits:  Daily during the September dove season, and on waterfowl or pheasant hunt days during the late dove season. Deer: Only during the Little Dry Creek Apprentice Deer Hunt under special permit issued by drawing.
(C) Authorized Species: Waterfowl, coots, moorhens, snipe, dove, pheasants, and rabbits.
(D) Camping: Overnight Camping, including trailers and motor homes, shall be permitted only in checking station parking lots.
(E) Special Restrictions: Closed to all non-hunting uses from two weeks before waterfowl season to one week after waterfowl season. Public entry is allowed only from sunrise to sunset, except by written permission. Horses are prohibited. Dogs are allowed for hunting only. Within the assigned blind areas at the Upper Butte Basin Wildlife Area units, hunters must hunt from assigned blinds, except to retrieve downed birds. 
(F) Special Junior Waterfowl Hunts in Zone 7 of the Howard Slough Unit: Special junior waterfowl hunts will be conducted on Wednesdays and Saturdays of the waterfowl season in Zone 7 of the Howard Slough Unit commencing on the first Saturday after December 15. These hunts will commence at legal shooting time and close at 12:00 noon. A junior hunter must be accompanied by one adult hunter. Not more than one adult hunter and two junior hunters may occupy each blind. Hunters must remain in their blinds except to retrieve downed birds. All hunters must return to the Zone 7 parking lot by 1:00 p.m. Hunters will be selected from the Howard Slough reservation line. Hunters may be selected from the first-come first-served line after the Howard Slough reservation line is depleted.
(G) Bicycles: Not allowed during waterfowl season.
(H) Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited.
BAY DELTA REGION 
(40) Clifton Court Forebay
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Saturdays, Sundays, and Wednesdays during open seasons for authorized species.
(C) Entry Permit: Self-registration is required.
(D) Authorized Species: Waterfowl, coots, and moorhens.
(D) Camping and Trailers: Not allowed.
(41) Decker Island Wildlife Area 
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed. 
(B) Hunt Days: Daily during open seasons for authorized species. 
(C) Authorized Species: All legal species. 
(D) Camping and Trailers: Not allowed.
(42) Grizzly Island Wildlife Area
(A) Ammunition Restrictions: Shotguns may only be used with steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service, and not more than 25 shot shells may be possessed while in the field during the waterfowl season. 
(B) Hunt Days: Crescent and Grizzly Island Units: Waterfowl, coots, and moorhens: Saturdays, Sundays, and Wednesdays during open seasons. Snipe: Snipe may be taken on waterfowl and pheasant hunt days. Pheasants: Each day during the first 12 days of the general pheasant season, and only on Saturdays, Sundays, and Wednesdays during the remainder of the pheasant season. Rabbits and doves: Rabbit hunting is allowed daily in July and on pheasant hunt days. Dove hunting is allowed daily during the season in September after the close of the Grizzly Island tule elk hunt and on pheasant hunt days during the late dove season. Joice Island Unit: Waterfowl, coots, moorhens, and snipe: Sundays only when the department determines that the fall flight forecast and/or waterfowl numbers in the Suisun Marsh warrant its opening. Goodyear Slough, Gold Hills, and West Family units: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Island Slough and Grey Goose Units: Waterfowl, coots, moorhens, snipe, and pheasants: Saturdays, Sundays, and Wednesdays during open seasons. Garibaldi and Montezuma Slough units: No hunting allowed. 
(C) Day Use Pass Requirement for Public Access: For the Grizzly Island Unit, in addition to a daily entry permit required for hunting during the waterfowl and pheasant seasons, a day use pass or annual pass is required of all users except for users that possess a valid California sport fishing license, hunting license, or trapping license, or users that are under 16 years of age, or users that are part of an organized youth or school group, having free permits issued by the appropriate regional office.
(D) Authorized Species: Grizzly Island Unit: Waterfowl, snipe, coots, moorhens, elk, rabbits, doves, and pheasants. Crescent, Grey Goose, and Island Slough units: Waterfowl, snipe, coots, moorhens, rabbits, and pheasants. Gold Hills, Goodyear Slough, Joice Island, and West Family units: Waterfowl, snipe, coots, and moorhens.
(E) Camping and Trailers: Not allowed except with prior written permission of the area manager during the tule elk hunting season.
(F) Special Restrictions: On all units of Grizzly Island Wildlife Area public entry is only allowed from sunrise to sunset except by written permission. Garibaldi Unit: Closed to public use except with prior written permission from the area manager. Grizzly Island Unit: Closed to uses other than hunting from the last Monday in July through the end of the Grizzly Island tule elk hunting season and from October 1 through the end of the waterfowl season. No dogs allowed from March 1 to June 30. Dogs allowed during July. No dogs allowed in August and during the tule elk hunt season in September. Dogs allowed in September after the tule elk hunting season to September 30. No dogs during October through the close of waterfowl season except as follows: hunters with daily permits issued at the hunter checking station may only use dogs during the waterfowl and pheasant hunting season; no sight-hounds or coursing dogs allowed. Dogs allowed in February after the close of waterfowl season. Gold Hills, Goodyear Slough, Gray Goose, Island Slough, Crescent and West Family units: Closed from October 1 through the end of the general waterfowl season to uses other than hunting. Gold Hills, Goodyear Slough, Grey Goose, Island Slough, and West Family Units: Closed to all public use except with prior written permission from the area manager from the end of the waterfowl season to September 30. Island Slough and Montezuma Slough Units: Fishing access along Montezuma Slough is open all year, no hour restrictions. Joice Island Unit: Closed to public use except when permits are issued for waterfowl hunting, or with prior written permission of the area manager and during the special season open to fishing from mid-May to mid-August (contact area Headquarters for details). On all units, horses are allowed only under permit and only during organized dog field trials. On all units, fires are restricted to portable gas stoves throughout the year and are to be used only in parking areas and designated sites. The use of boats for access on all management units of the Grizzly Island Wildlife Area, except the Grey Goose Unit and Goodyear Slough Unit to the south of Lake Herman Road and east of the eastern most railroad tracks, is prohibited. Access to these two areas is by boat only. No foot access. This shall not prohibit launching of boats at the Montezuma Slough unit for access to Montezuma Slough. Boats less than eight feet in length may be used to transport decoys and/or blind materials. Use of all terrain vehicles (ATV's) is prohibited on all units of the Grizzly Island Wildlife Area. 
(43) Knoxville Wildlife Area
(A) Special Restrictions: Camping allowed in designated areas. Primitive camping is allowed beyond one-quarter mile of designated parking areas.
(44) Laguna Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Camping and Trailers: Not allowed.
(C) Special Restrictions: Waterfowl hunting only. Horseback riding is not allowed. Dogs are not allowed from March 2 through June 30. Campfires are prohibited. Permanent blinds are prohibited.
(D) Areas Open to Hunting: Wetlands within the Laguna de Santa Rosa, lying between Guerneville Road on the north and Occidental Road on the south.
(45) Lake Berryessa Wildlife Area.
(A) Method of Take Restrictions: As authorized during special hunts.
(B) Hunt Days: As authorized for special hunts.
(C) Camping and Trailers: Not allowed. 
(D) Special Restrictions: Campfires are prohibited. Dogs are not allowed between February 15 and July 15. 
(46) Lake Sonoma Wildlife Area
(A) Method of Take Restrictions: As authorized during special hunts.
(B) Hunt Days: As authorized for special hunts.
(C) Entry Permit: Entry permit, issued by special drawing, is required. (See subsection 360(c) for deer hunt information.)
(D) Daily Hunter Capacity: As authorized for special hunts.
(E) Authorized Species: Deer, wild pigs, and turkeys.
(F) Camping and Trailers: Allowed in Army Corps of Engineers designated campgrounds only.
(G) Special Restrictions: No person, except by special authorization of the department, shall enter that portion of the Lake Sonoma Wildlife Area marked by signs as “Critical Habitat” during the period of February 1 through August 1. Dogs are not allowed.
(47) Lower Sherman Island Wildlife Area 
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed. 
(B) Hunt Days: Daily during open seasons for authorized species. 
(C) Authorized Species: Waterfowl, coots, moorhens, pheasants, doves, and rabbits.
(D) Camping: Not allowed.
(E) Special Restrictions: The Regional Manager may determine whether decoys may be left in the field.
(48) Miner Slough Wildlife Area 
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed. 
(B) Hunt Days: Daily during open seasons for authorized species. 
(C) Authorized Species: Waterfowl. 
(D) Camping and Trailers: Not allowed.
(49) Napa-Sonoma Marshes Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Saturdays, Sundays, and Wednesdays during open seasons for authorized species, except that doves and rabbits may be hunted daily during the September dove season.
(C) Authorized Species: Waterfowl, coots, moorhens, snipe, rabbits, quail, pheasants, and doves.
(D) Camping and Trailers: Not allowed.
(E) Special Restrictions: White Slough Unit: Closed to all hunting and firearms and archery equipment use. American Canyon Unit: Closed to all hunting and firearms and archery equipment use south of the PG&E power lines. Green Island Unit and Southern Crossing Unit: Closed to the public until restoration activities are near completion. Tolay Creek Unit: Only steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service may be used or possessed south of Highway 37. All units: Dogs are not allowed from March 2 through June 30 and must be on a leash at all other times except as follows: holders of a valid hunting license may use dogs during hunting seasons. Campfires are prohibited. Permanent blinds are prohibited.
(50) Petaluma Marsh Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: Waterfowl, coots, moorhens, and rabbits.
(D) Camping and Trailers: Not allowed.
(E) Special Restrictions: Bahia, Day Island, Green Point, Novato Creek, Point Sonoma, and Rush Creek Units: Closed to hunting and firearms and archery equipment use. Dogs must be on a leash at all times. All units: Dogs are not allowed from March 2 through June 30.
(51) Point Edith Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: Waterfowl, coots, and moorhens.
(D) Camping and Trailers: Not allowed.
(52) Putah Creek Wildlife Area
(A) Hunt Days: Daily from the opening of deer season through January 31 during open seasons for authorized species.
(B) Authorized Species: All legal species.
(C) Camping and Trailers: Not allowed.
(D) Special Restrictions: Hunting is allowed only from the opening of the deer season through January 31.
(53) Rector Reservoir Wildlife Area
(A) Authorized Species: All legal species.
(B) Hunt Days: Daily during open seasons for authorized species from the opening of archery deer season through the last day of spring turkey season.
(C) Camping and Trailers: Not allowed.
(D) Special Restrictions: Campfires are prohibited.
(54) Rhode Island Wildlife Area 
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open season for authorized species.
(C) Authorized Species: Waterfowl, coots, and moorhens. 
(D) Camping: Not allowed. 
(55) San Pablo Bay Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: Waterfowl, coots, and moorhens. 
(D) Blinds: Shall be available on first-come, first-served basis.
(56) White Slough Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: Waterfowl, pheasants, quail, and doves. 
(D) Camping and Trailers: Not allowed.
(E) Special Restrictions: Possession and use of firearms or other propulsive device is prohibited in that portion of White Slough Wildlife Area designated as Pond 9. Horses are not allowed on the wildlife area. Hunting is allowed only from September 1 through January 31. 
(57) Yolo Bypass Wildlife Area 
(A) Ammunition Restrictions: A hunter shall not possess more than 25 shotgun shells while in the field during the waterfowl season. 
(B) Hunt Days: Waterfowl, coots, moorhens and snipe: Saturdays, Sundays and Wednesday during waterfowl seasons. Pheasants: Each day during the first nine days of the general pheasant season, and only Saturdays, Sundays, and Wednesdays, during the remainder of the pheasant season. Doves: Daily during the September dove season and on waterfowl hunt days during the late dove season. 
(C) Authorized Species: Waterfowl, coots, moorhens, snipe, mourning dove, and pheasant. 
(D) Camping and Trailers: Overnight parking of trailers and motor homes is not allowed. 
(E) Special Restrictions: Closed to all non-hunting uses from two weeks before waterfowl season to one week after waterfowl season, except areas designated for wildlife viewing purposes which are open on most days during the entire year. Public entry is allowed only from sunrise to sunset, except by written permission. Horses are not allowed. Bicycles are restricted to designated areas only. No boats or flotation devices allowed. The Yolo Bypass Wildlife Area is subject to immediate closure due to flooding in the Yolo Bypass. Within the assigned blind area, hunters must hunt from their assigned blinds, except to retrieve downed birds. Pheasant hunting is not permitted in the assigned blind areas. Hunters may not access the free-roam area north of the northeast unit from parking lot H. Hunters may enter or exit the area only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or equipment is prohibited. Falconry hunting is allowed in designated areas.
CENTRAL REGION 
(58) Big Sandy Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: All legal species. 
(D) Camping and Trailers: Not allowed. 
(59) Cottonwood Creek Wildlife Area
(A) Lower Cottonwood Creek Unit.
1. Method of Take Restrictions: Limited to shotguns and archery equipment. No rifles or pistols may be used or possessed. Archery equipment only may be used from the start of the Zone A archery deer season until the start of Zone A general deer season.
2. Hunt Days: Daily from opening of Zone A archery deer season through the last Sunday in January during open seasons for authorized species.
3. Authorized Species: All legal species.
4. Camping and Trailers: Not allowed.
5. Special Restrictions: Dogs are not allowed for hunting wild pigs. Motor vehicles are not allowed beyond designated parking area. Horseback riding is not allowed. Hunting is permitted during daylight hours only. Special permit, obtained by special drawing, is required for all entry during the opening weekend of the Zone A general deer season. 
(B) Upper Cottonwood Creek Unit.
1. Method of Take Restrictions: All legal firearms and archery equipment. Firearms may be used or possessed only from the opening of the general Zone A deer season through the last Sunday in January. Archery equipment only may be used from the start of the Zone A archery deer season until the start of the Zone A general deer season.
2. Hunt Days: Daily from opening of Zone A archery deer season through the last Sunday in January during open seasons for authorized species.
3. Entry Permit: Self  registration required. Special permit, obtained by special drawing, is required for all entry during the opening weekend of Zone A general deer season.
4. Authorized Species: All legal species.
5. Camping and Trailers: Allowed in parking lot only.
6. Special Restrictions: Dogs are not allowed for hunting wild pigs. Motor vehicles are not allowed. Horseback riding is not allowed. Hunting is permitted during daylight hours only.
(60) Kinsman Flat Wildlife Area
(A) Method of Take Restrictions: Only shotguns and archery equipment are permitted during the spring turkey season.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: All legal species.
(D) Camping and Trailers: Not allowed.
(61) Little Panoche Reservoir Wildlife Area
(A) Method of Take Restrictions: Limited to shotguns and archery equipment. No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: All legal species.
(D) Camping and Trailers: Allowed in parking lot only, except during authorized dog trials when participants may park trailers at designated locations inside the area.
(E) Boats: Boats permitted but only electric trolling motors allowed.
(F) Entry Permits: Self-registration is required at the parking area.
(G) Special Restrictions: Dogs are not allowed for hunting wild pigs. Dogs must be leashed from April 1 through June 30. Horseback riding is allowed during authorized dog trials only. Motor vehicles are allowed only in designated areas and only during authorized dog trials. Hunting is permitted during daylight hours only.
(62) Los Banos Wildlife Area
(A) Method of Take Restrictions: Limited to shotguns and archery equipment. A hunter shall not possess more than 25 shot shells while in the field during the waterfowl season, except on days when only upland game may be taken, and on special “youth only” waterfowl hunt days when there shall be no restrictions on the number of shot shells taken into the field.
(B) Hunt Days: Waterfowl: Saturdays, Sundays, and Wednesdays during open seasons. Pheasants: Every day during the first nine days of the pheasant season and on Saturdays, Sundays, and Wednesdays during the remainder of the pheasant season and on the day following Thanksgiving. Other authorized species: Daily during open seasons during the periods July 1 through September 15, and from the beginning of waterfowl season through March 31, except that hunt days are limited to waterfowl and pheasant hunt days during the waterfowl and pheasant season. Raccoons may not be taken during the waterfowl or pheasant seasons. When the wildlife area is closed to general use, hunting will not be allowed.
(C) Entry Permits and Day Use Pass Requirement for Public Access: A daily entry permit is required to enter the area to hunt during the waterfowl  and pheasant seasons. A day use pass or annual pass is required of all users except for users that possess a valid California sport fishing license, hunting license, or trapping license, or users that are under 16 years of age. Organized youth or school groups must have prior approval from the area manager before being issued free daily entry permits  by the appropriate regional office. Permits may be purchased at the entrance registration booth.
(D) Authorized Species: Waterfowl, snipe, coots, moorhens, pheasants, doves, raccoons, and rabbits.
(E) Camping and Trailers: Camping is allowed at the main office parking area only, and only during waterfowl and pheasant seasons and during organized events.
(F) Reservations: For Zone 6, each reservation assures entry of no more than two persons. For Zone 6J, and the Mud Slough Unit, each reservation assures entry of one adult and one junior hunter. Reservations for free roam hunting are good for up to all two adult hunters, who may be accompanied by up to two junior hunters or non-shooters. All person's entering on the same reservation will receive the same hunt assignment.
(G) Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited.
(H) Special Restrictions: Closed to all public uses from September 15 until the opening of waterfowl season. During the waterfowl and pheasant hunt seasons, the wildlife area will be closed to all public use, except for controlled hunting. However, wildlife observation may be allowed in authorized locations on Mondays, Tuesdays, Thursdays and Fridays during waterfowl season. Dogs are not allowed in the interpretive viewing area at any time. The wildlife area may be closed to all public uses for seven days following the close of the waterfowl hunt season to allow for post season maintenance. Dogs must be on a leash from April 1 through June 30. Dog training and trials are allowed in designated areas only. Special permits are required to hunt Zone 6 and the Mud Slough Unit during the waterfowl season. When assigned blind sites, hunters shall shoot only from their assigned sites, except to retrieve downed birds. Horses are not allowed on the area. The cutting of woody stemmed plants is prohibited. Blinds may not be constructed or covered with plant material gathered from outside the wildlife area. 
(63) Mendota Wildlife Area
(A) Ammunition Restrictions: A hunter shall not possess more than 25 shot shells while in the field during the waterfowl season.
(B) Hunt Days: Waterfowl, coots, and moorhens: Saturdays, Sundays, and Wednesdays during waterfowl season. Pheasants: Every day during the first nine days of the pheasant season and only on Saturdays, Sundays, and Wednesdays during the remainder of the pheasant season and on the day following Thanksgiving. Other authorized species: Daily during open seasons from July 1 through September 15, and from the beginning of waterfowl season through March 31, except that hunt days are restricted to waterfowl and pheasant hunt days during the waterfowl and pheasant season. Raccoons may not be hunted during the waterfowl season.
(C) Authorized Species: Waterfowl, snipe, coots, moorhens, pheasants, dove, rabbits, raccoons, and crows.
(D) Camping and Trailers: Allowed only at hunter checking station during waterfowl season.
(E) Special Restrictions: The wildlife area is closed to all public use from September 16, until the opening of waterfowl season, except the designated tour route and fishing site which are open all year. The wildlife area is closed to all public uses, except regulated hunting during the waterfowl and pheasant hunt seasons. The wildlife area will be closed to all public uses for several days following the close of the waterfowl hunt season to allow for post season maintenance. Dogs must be on a leash from April 1 through June 30. Horseback riding is allowed during the authorized dog trials only.
(64) Morro Bay Wildlife Area
(A) Ammunition Restrictions: Hunters shall not possess in the field more than 25 shot shells. 
(B) Hunt Days: Waterfowl may be taken only from the opening day of brant season through the remainder of the waterfowl season.
(65) Moss Landing Wildlife Area 
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed. 
(B) Hunt Days: Saturdays, Sundays, and Wednesdays during open seasons for authorized species. Campfires are prohibited.
(C) Authorized Species: Waterfowl, coots, and moorhens.
(D) Camping and Trailers: Not allowed. 
(E) Special Restrictions: Closed to all hunting on New Years Day. The Salt Ponds are closed to hunting. 
(66) North Grasslands Wildlife Area
(A) Ammunition Restrictions: A hunter shall not possess more than 25 shot shells while in the field during the waterfowl season, except on days when only upland game may be taken, and on special “youth only” waterfowl hunt days when there shall be no restrictions on the number of shot shells taken into the field.
(B) Hunt Days: Waterfowl, coots, and moorhens: Saturdays, Sundays, and Wednesdays during waterfowl seasons. Snipe may be taken on waterfowl and pheasant hunt days. Pheasants: Every day during the first nine days of the pheasant season and thereafter on Saturdays, Sundays and Wednesdays during the remainder of the pheasant season and on the day following Thanksgiving. Dove: Opening day of the early dove season, and from the first Saturday of the early dove season through September 15, and on pheasant and waterfowl hunt days during the late dove season. Rabbits: Daily during the open season from July 1 through September 15, and from the day after waterfowl season through the end of rabbit season, and on waterfowl and pheasant hunt days. Other authorized species: Daily during open seasons from July 1 through September 15, and from the beginning of waterfowl season through March 31, except that hunt days are restricted to waterfowl and pheasant hunt days during the waterfowl and pheasant season. Raccoons may not be hunted during the waterfowl season.
(C) Authorized Species: Waterfowl, snipe, coots, moorhens, pheasants, doves, raccoons, and rabbits.
(D) Camping and Trailers: Not allowed beyond checking station.
(E) Special Restrictions: Dogs must be on a leash from April 1 through June 30. Horseback riding is allowed for authorized dog trials only. Closed to all public use from September 15 to the opening of waterfowl season, and may be closed to all public uses for seven days following the close of waterfowl season to allow for post season maintenance.
(F) Reservations and Entry Permits: A type A permit is required for entry during waterfowl and pheasant seasons. All person's entering on the same reservation will receive the same hunt assignment.
(67) O'Neill Forebay Wildlife Area
(A) Method of Take Restrictions: Limited to shotguns and archery equipment. No shotgun slugs, rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Entry Permits: Self registration at the parking lot is required, except for junior pheasant hunts, and the day following the junior pheasant hunt, when capacity is controlled. Junior pheasant hunt permits shall be issued through a special drawing.
(D) Authorized Species: Waterfowl, pheasants, quail, doves, rabbits, and crows.
(E) Camping and Trailers: Allowed in parking lot only and in other designated locations inside the wildlife area during authorized trials.
(F) Special Restrictions: Dogs must be on a leash from April 1 through June 30. Horseback riding is allowed only during authorized dog trials. Motor vehicles are permitted only in designated areas and only during authorized dog trials. Hunting is permitted during daylight hours only.
(68) San Luis Obispo Wildlife Area
(A) Entry: No person shall enter the San Luis Obispo Wildlife Area except that portion of the area designated as a public shooting facility under supervision of the authorized rangemaster or with written permission from the regional manager.
(B) Period of Firearms and Archery Equipment Use: All year. No firearms or other propulsive devices of any kind may be possessed or discharged except at the designated shooting range at such time as the facility is open to the public and under the direction and control of the authorized rangemaster. 
(C) Days of Operation: Wednesday through Monday, one-half hour before sunrise to one-half hour before sunset.
(D) Hours of Operation for Lighted Ranges: One-half hour before sunrise to 10:00 p.m.
(E) Fee: Daily range fees are required. 
(F) Authorized Species: None.
(G) Camping and Trailers: Camping is restricted to the parking lot and not more than 30 vehicles may occupy the lot except under written permission of the regional manager. 
(H) Special Restrictions: Alcoholic beverages may not be possessed or consumed on any part of the San Luis Obispo Wildlife Area by any person who officially acts as a rangemaster, or by any person who attempts to discharge a firearm or shoot an arrow. 
(I) Ammunition restrictions: Full metal jacket bullets not allowed. 
(69) San Luis Reservoir Wildlife Area
(A) Method of Take Restrictions: Limited to shotguns and archery equipment. No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: All legal species.
(D) Entry Permit: Self registration at the parking lot on Dinosaur Point Road is required. Special permit, obtained by special drawing, is required for all entry during the opening weekend of the Zone A general deer season. 
(E) Camping and Trailers: Allowed in parking lot only.
(F) Special Restrictions: Dogs are not allowed for wild pig hunting. Horseback riding is not allowed. Motor vehicles are prohibited. Hunting is permitted during daylight hours only.
(70) Volta Wildlife Area (U.S. Bureau of Reclamation Lands)
(A) Method of Take Restrictions: Limited to shotguns and archery equipment. A hunter shall not possess more than 25 shot shells while in the field during the waterfowl season, except on days when only upland game may be taken, and on special “youth only” waterfowl hunt days when there shall be no restrictions on the number of shells taken into the field.
(B) Hunt Days: Waterfowl: Saturdays, Sundays, and Wednesdays during open seasons. Pheasants: Every Saturday, Sunday, and Wednesday during the pheasant season when the pheasant season occurs during the same period as waterfowl season. Other Authorized Species: Daily from July 1 through September 15, and from the beginning of waterfowl season through March 31 when in season, except that hunt days are restricted to waterfowl and pheasant hunt days during the waterfowl and pheasant season.
(C) Authorized Species: Waterfowl, snipe, coots, moorhens, pheasants, and rabbits. Rabbits may not be taken during the waterfowl season.
(D) Camping and Trailers: Allowed at checking station parking lot during waterfowl season only. Boat trailers are permitted beyond the checking station for the purpose of launching boats at designated areas. Permit holders may drive to designated parking areas during waterfowl and pheasant hunt seasons only. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited, except vehicles may be driven past parking lot 1 to launch boats.
(E) Special Restrictions: Closed to all public use from August 15 until the beginning of waterfowl season, except for fishing in the Volta Wasteway Channel. From September 15 through the Saturday following the end of waterfowl season, fishing is restricted to the Volta Wasteway Channel for a distance of one mile downstream of Ingomar Grade. The wildlife area is closed to all nonhunting uses during the waterfowl season. The cutting of woody stemmed plants is prohibited. Blinds may not be constructed or covered with plant material brought from outside the wildlife area.
(F) Reservation and Entry Permits: A type A permit is required for entry to hunt during the waterfowl and pheasant hunt seasons. All other users must self register at the fishing access booth. Persons entering together on a reservation will receive the same hunting assignment.
(G) Except during waterfowl and pheasant seasons, when hunting permittees are allowed to drive to designated parking areas, vehicle access is not allowed. Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited.
(71) West Hilmar Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Daily during open seasons for authorized species.
(C) Authorized Species: Quail, doves, pheasants, rabbits, and waterfowl.
(D) Camping and Trailers: Not allowed.
SOUTH COAST REGION
(72) Hollenbeck Canyon Wildlife Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed. No shotgun with a live round in the chamber may be possessed outside of the designated hunting zone except in the designated dog training area during the course of authorized dog training. 
(B) Hunts Days: Daily during general season from September 1 through January 31 in designated area(s).
(C) Authorized Species: Upland game birds, American crow, coyote, and resident small game. 
(D) Camping and Trailers: Camping and overnight use is not allowed, horse trailers are permitted within the designated parking area, if space is available.
(E) Fires: Not allowed year round.
(F) Dog Training: Allowed only in designated areas from September 1 through February. Only male ring-neck pheasants, male bobwhite quail, either sex feral pigeons, and male mallard ducks may be used for dog training purposes. Release or possession of female ring-neck pheasant, female bobwhite quail, female mallard, or any bird species is prohibited. It is unlawful to release or possess a male mallard duck without at least one wing clipped.
(G) Special Restrictions: Upland game and resident small game species may be taken only in designated areas. Horse and bicycle use is limited to designated trails and/or routes. Paint ball guns may not be used or possessed.
(73) San Felipe Valley Wildlife Area
(A) Method of Take Restrictions: Use and possession of rifles and pistols may be prohibited in designated areas.
(B) Hunt Days: Daily from September 1 through January 31 and during the spring turkey season, when only turkeys may be hunted.
(C) Authorized Species: All legal species.
(D) Camping and Trailers: Not allowed.
(E) Special Restrictions: D-16 General Deer Zone Tags may not be used west of Highway S-2. Horse and bicycle use is limited to designated routes. Dog training is allowed only in designated areas from September 1 through February.
INLAND DESERTS REGION
(74) Baldwin Lake, San Bernardino National Forest
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed. 
(B) Hunt Days: Saturdays and Wednesdays during open seasons for authorized species.
(C) Reservations and Entry Permits: Waterfowl hunting reservations, which serve as entry permits, are required for the first seven hunt days (Saturdays and Wednesdays) of duck season. Beginning on the fourth Wednesday of the season, entry permits are not required.
(D) Authorized Species: Waterfowl, coots, and moorhens.
(E) Camping and Trailers: Not allowed.
(F) Special Restrictions: Shore hunting is not allowed. Hunting is permitted only from boats. All boats must be in and completely surrounded by water. All boats must be launched from the designated sites only. Hunting is permitted only in designated areas. A hunter shall not possess more than 25 shot shells while in the field.
(75) Imperial Wildlife Area
(A) Wister Unit.
1. Ammunition Restrictions: A hunter shall not possess more than 25 shot shells while in the field during the waterfowl season.
2. Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Snipe may also be taken on pheasant hunt days. Doves: Daily during the September dove season and on pheasant hunt days. Pheasants: Mondays and Thursdays during the pheasant season. Rabbits: Daily during season, except during the waterfowl season. Rabbits may also be hunted on pheasant hunt days. Quail: Only on pheasant hunt days. Raccoons: Daily from August 1 through one week before the  waterfowl season.
3. Day Use Pass Requirement for Public Access: In addition to a daily entry permit required for hunting during the waterfowl and pheasant seasons, a day use pass or valid annual wildlife pass is required of all users, except for users who possess a valid California sport fishing license, hunting license, or trapping license or users who are under 16 years of age, or users who are part of an organized youth or school group and having free permits issued by the appropriate regional office. 
4. Hunting Party Size and Restrictions: Waterfowl hunting parties may not exceed 6 individuals nor 4 adults. At the Union Tract and Hazard Unit each blind site will be limited to 4 individuals. At the Wister Unit of the Imperial Wildlife Area on waterfowl hunt days, 6 individuals are allowed per reservation with no more than 4 adults.
5. Authorized Species: Waterfowl, snipe, coots, moorhens, doves, pheasants, quail, rabbits, and raccoons.
6. Camping and Trailers: Limited camping in designated area. Campers must obtain a use permit daily. No unattached trailers or tents allowed on the checking station parking lot.
7. Special Restrictions: Waterfowl hunters must hunt from within 100 yards of assigned blind sites. Closed to all nonhunting uses from one week before waterfowl season through the last day of waterfowl season, except for designated wildlife viewing sites and designated fishing areas. Only hand-portable boats and only electric boat motors may be used.
(B) Finney-Ramer Unit
1. Method of Take Restrictions: No rifles or pistols may be used or possessed.
2. Ammunition Restrictions: A hunter shall not possess more than 25 shot shells while in the field during the waterfowl season.
3. Hunt Days: Daily during open seasons for authorized species during the period July 1 through January 31.
4. Day Use Pass Requirement for Public Access: Daily entry permits are required of all persons hunting or for other area uses. A day use pass or annual wildlife pass is required of all users except for users that possess a valid California sport fishing license, hunting license, or trapping license or users that are under 16 years of age, or users that are part of an organized youth or school group and having free permits issued by the appropriate regional office.
5. Checking Station: Entry permits are required and will be available at the self-service registration booths at both Finney and Ramer lakes on a first-come, first-served basis.
6. Authorized Species: Waterfowl, snipe, coots, moorhens, quail, doves, pheasants, rabbits, and raccoons.
7. Boats: Boats are required for waterfowl hunting; however, no motor-driven boats, except those with electric motors, shall be permitted.
8. Camping and Trailers: Allowed only in designated area at Finney Lake.
9. Special Restrictions: Waterfowl hunting is allowed only from boats and islands. Dog field trials are allowed only in designated areas.
(76) Perris Reservoir State Recreation Area
(A) Method of Take Restrictions: No rifles or pistols may be used or possessed.
(B) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays and Wednesdays during open seasons. Upland game: Daily during respective seasons that fall within the period from the first Saturday following Labor Day through January 31.
(C) Hunt Hours: Shooting times for migratory waterfowl, snipe, coots, and moorhens will be from one-half hour before sunrise until 12:00 noon. Upland game: as provided in the regulations.
(D) Entry Permit and Fee: Except for the recreation area day-use fees, there are no additional fees for waterfowl or upland game hunting.
(E) Authorized Species: Waterfowl, coots, moorhens, doves, pheasants, quail, and rabbits.
(F) Boats: Boat with motor required.
(G) Camping and Trailers: Not allowed on hunting area.
(H) Special Restrictions: Shore hunting for waterfowl, coots, and moorhens not allowed. Upland game may be taken only in designated areas. Fishing shall be permitted in the designated waterfowl hunting area only on non-shoot days.
(77) San Jacinto Wildlife Area
(A) Davis Road Unit
1. Ammunition Restrictions: A hunter shall not possess more than 25 shot shells while in the field during the waterfowl season.
2. Hunt Days: Waterfowl, coots, and moorhens: Saturdays and Wednesdays during the duck season. Upland game: Daily during respective seasons that fall within the period July 1 through January 31. Pheasant: Mondays during the pheasant season.
3. Reservations, Entry Permits and Day Use Pass Requirements for Public Access: Reservations are available for waterfowl and pheasant hunting. In addition to a daily entry permit required for hunting waterfowl and pheasants, a day use pass or annual wildlife pass is required of all users except for users that possess a valid California sport fishing license, hunting license, or trapping license, or users that are under 16 years of age, or users that are part of an organized youth or school group and having free permits issued by the appropriate regional office. 
4. Reservations: Each reservation shall assure entry for up to two adults and two holders of junior hunting licenses. 
5. Authorized Species: Waterfowl, coots, moorhens, doves, quail, pheasants, snipe, and rabbits.
6. Camping and Trailers: Not allowed.
7. Special Restrictions: Upland game (doves, pheasants, quail, snipe, and rabbits) may be taken only in designated areas. A self-issued permit is required to enter the upland game hunting area.
(B) Potrero Unit
1. Camping and Trailers: Camping and overnight use is not allowed.
2. Any person within the unit shall have in his or her immediate possession a current valid day use pass for the Potrero Unit. No person may be within the boundaries of the unit during hours or dates that the unit is closed to unrestricted public access.
3. No motorized vehicles allowed except by written permission of the regional manager.
4. Bicycle use is limited to designated trails and/or routes.
5. No person shall enter or leave the unit except at designated entry and exit points.
6. Alcoholic beverages may not be possessed or consumed on the premises.
7. Paintball guns, parts or supplies may be not used or possessed.
8. Fires: Not allowed year round.
9. Dogs must be kept on a leash and under the immediate control of the owner or owner's designee, unless actively involved in legal hunting or other authorized activity.
10. Authorized Species: Upland game birds and resident small game.
11. Special Restrictions: Upland game and resident small game species may be taken only in designated areas unless otherwise restricted or limited within the unit.
(78) Santa Rosa Wildlife Area
(A) Hunt Days: Daily during open seasons for authorized species.
(B) Authorized Species: Deer, rabbits, and quail.
(C) Special Restrictions: No person, except authorized personnel, shall possess or discharge a firearm, bow and arrow, air or gas gun, spear gun, or other propulsive device of any kind on that portion of the Santa Rosa Wildlife Area lying within Fish and Game refuge District 4D (see Section 10837, Fish and Game Code).
NOTE

Authority cited: Sections 200, 202, 203, 355, 713, 1050, 1526, 1528, 1530, 1570-72, 1765 and 10504, Fish and Game Code. Reference: Sections 355, 711, 713, 1050, 1055.3, 1526, 1528, 1530, 1570-1572, 1764, 1765, 2006 and 10504, Fish and Game Code.
HISTORY

1. Repealer and new section filed 10-8-93; operative 10-8-93  pursuant to section 202 and 215, Fish and Game Code (Register 93, No. 41). For prior history, see Register 92, No. 43.
2. Amendment of section and Note filed 10-5-94; operative 11-4-94 (Register 94, No. 40).
3. Amendment filed 9-12-95; operative 9-12-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 37).
4. Editorial correction adding inadvertently omitted subsection (q)(51)(B)5. (Register 96, No. 40).
5. Amendment of section and Note filed 10-1-96; operative 10-1-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 40).
6. Amendment filed 10-3-97; operative 10-3-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 40).
7. Amendment of subsection (q)(13)(D), subsection renumbering, and amendment of newly designated subsection (d)(2) filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
8. Amendment of subsections (j)(2), (j)(4)-(5) and multiple subparts of subsection (q) filed 10-16-98; operative 10-16-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 42).
9. Amendment of subsections (g)(2), (g)(4), (h)(3), (j)(4), (m) and multiple parts of subsection (q) and amendment of Note filed 10-6-99; operative 10-6-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 41).
10. New subsection (l)(4), amendment of subsections (q), (q)(1)(A) and (q)(2)(D), repealer of subsections (q)(18)-(q)(18)(E), subsection renumbering, amendment of newly designated subsections (q)(25)(E) and (q)(35)(D) and new subsection (q)(38)(F) filed 9-28-2000; operative 9-28-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 39).
11. Amendment filed 10-23-2001; operative 10-23-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 43).
12. Amendment of subsections (a)(2)(F)-(G), (f), (q), (q)(17)(D)1. and (q)(33)(E), new subsections (q)(35)-(q)(35)(E), subsection renumbering, amendment of newly designated subsections (q)(38)(D), (q)(45)(D), (q)(46)(B) and (D)-(F), (q)(60)(A)1. and 5., (q)(60)(B)1. and 6., (q)(62)(A) and (q)(63)(A)-(B) and (F)-(H), new subsection (q)(65)(F), amendment of newly designated subsections (q)(66)(A), (q)(67)(A), (q)(68)(A) and (D)-(G), and new subsections (q)(71)(A)-(G) filed 9-9-2002; operative 9-9-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 37).
13. Amendment of subsections (h)(2), (i), (j)(5), (o)(3), (q) and (q)(10)(A), repealer of subsection (q)(10)(E), amendment of subsections (q)(11)(E), (q)(13)(E), (q)(15)(D), (q)(23)(A), (q)(23)(D)-(E) and (q)(26)(B)-(C), repealer of subsection (q)(26)(E), amendment of subsections (q)(27)(B), (q)(27)(E) and (q)(28)(D), new subsections (q)(35)-(q)(35)(C), subsection renumbering, amendment of newly designated subsections (q)(37)(C) and (q)(38)(B), repealer of newly designated subsection (q)(38)(E), amendment of newly designated subsections (q)(44)(B), (q)(44)(D)-(E), (q)(46)(D), (q)(47)(B), (q)(47)(F), (q)(61)(A)5., (q)(61)(B)6., (q)(63)(G), (q)(66)(E), (q)(67)(F), (q)(68)(F), (q)(75)(A) and (q)(75)(E), redesignation of former subsections (q)(75)(A)-(G) as new subsections (q)(76)(A)-(A)(7) and new subsections (q)(76)(B)-(B)11. and amendment of Note filed 11-4-2004; operative 11-4-2004 pursuant to Fish and Game Code section 215 (Register 2004, No. 45).
14. Change without regulatory effect amending subsections (g)(2), (g)(4) and (j)(2) filed 5-10-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 19).
15. Amendment of subsection (e), repealer and new subsections (g)-(g)(4) and (j)(2), new subsections (j)(2)(A)-(D) and amendment of subsection (q) -- San Luis Obispo Wildlife Area and (q)(59)(E) filed 8-4-2006; operative 8-4-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
16. Editorial correction removing duplicate subsections (g)(2)-(4) (Register 2006, No. 44).
17. New subsections (a)(2)(F) and (a)(2)(I), subsection relettering, amendment of subsection (b)(3), new subsection (b)(4), subsection renumbering, amendment of subsection (h)(3), and amendment of subsection (q) and its subsections filed 11-7-2007; operative 12-7-2007 (Register 2007, No. 45).
18. Amendment of subsection (j)(2) filed 12-14-2007; operative 1-13-2008 (Register 2007, No. 50).
19. Amendment of subsections (q)(1)(B), (q)(5)(B) and (q)(42)(B) filed 6-20-2008; operative 6-20-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 25). 
20. Change without regulatory effect amending section heading and section filed 10-29-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 44).
§551.5. Merced National Wildlife Refuge Special Closure, Merced County. [Repealed]
Note     •     History

NOTE

Authority and reference cited: Sections 1526, 1528, 1530 and 10504, Fish and Game Code, and the 1962 U.S. Statutes at Large, pg. 238, and existing agreements with the United States relating to the administration of federally owned or leased areas.
HISTORY

1. New section filed 8-18-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 34).
2. Amendment filed 9-16-83; effective thirtieth day thereafter (Register 83, No. 38).
3. Repealer filed 10-17-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 42).
§552. Regulations for National Wildlife Refuges Where Hunting Programs are Administered by the Department of Fish and Game.
Note     •     History

(a) The power to control entry on the federally owned areas listed in subsection 551(a)(2) is at the discretion of the Director of the U.S. Fish and Wildlife Service. The following lands owned by the U.S. Fish and Wildlife Service are open to hunting by the public under control of the California Department of Fish and Game.
(1) Colusa National Wildlife Refuge.
(A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field.
(B) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Pheasant: Waterfowl hunt days during the pheasant season.
(C) Authorized Species: Waterfowl, coots, moorhens, snipe, and pheasants.
(D) Camping and tents not allowed. No person may build or maintain fires, except in portable gas stoves.
(E) Bicycles: Not allowed.
(F) Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited.
(G) Nonreservation Drawing: Nonreservation hunters may enter the drawing for either Colusa, Delevan, or Sacramento, but for not more than one location on any single hunt date.
(2) Delevan National Wildlife Refuge.
(A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field.
(B) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Pheasant: First Monday of pheasant season and on waterfowl hunt days during the pheasant season.
(C) Authorized Species: Waterfowl, coot, moorhens, snipe, and pheasants.
(D) Nonreservation Drawing: Nonreservation hunters may enter the drawing for either Colusa, Delevan, or Sacramento, but for not more than one location on any single hunt date.
(E) Camping and tents not allowed. No person may build or maintain fires, except in portable gas stoves.
(F) Bicycles: Not allowed.
(G) Reservations: Each reservation assures entry of up to four individuals, whether adult hunters, junior hunters, or non-shooters.
(H) Special Restrictions: When assigned hunting sites, hunters shall hunt only within 100 feet of their assigned sites, except to retrieve downed birds. Pheasant hunting is not permitted in the assigned blind area except on the first Monday of the pheasant season.
(I) Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited.
(3) Kern National Wildlife Refuge.
(A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field.
(B) Hunt Days: Waterfowl, coots, and moorhens: Saturdays and Wednesdays during open seasons. Pheasant: Waterfowl hunt days during the regular pheasant season.
(C) Authorized Species: Waterfowl, coots, moorhens, and pheasants. There shall be no hunting of common snipe.
(D) Camping and Trailers: Not allowed.
(4) Merced National Wildlife Refuge.
(A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells per day.
(B) Hunt Days: Saturdays and Wednesdays during waterfowl season.
(C) Shooting Hours: Waterfowl shooting hours will be from one-half hour before sunrise until 12:00 noon.
(D) Authorized Species: Waterfowl, coots, and moorhens. There shall be no hunting of common snipe.
(E) Camping and Trailers: Not allowed.
(F) Bicycles: Allowed.
(G) Reservations: Each reservation assures entry of no more than three persons if three-person blinds are available, or no more than two persons, if two-person blinds are available. All person's entering on the same reservation will receive the same hunt assignment.
(H) Special Restrictions: Hunters must hunt from assigned blinds, except to retrieve downed birds.
(5) Sacramento National Wildlife Refuge.
(A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field.
(B) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Pheasants: The first Monday of pheasant season and on waterfowl hunt days during the pheasant season.
(C) Authorized Species: Waterfowl, coots, moorhens, snipe, and pheasants.
(D) Nonreservation Drawing: Nonreservation hunters may enter the drawing for either Colusa, Delevan, or Sacramento, but for not more than one location on any single hunt date.
(E) Camping and tents not allowed. No person may build or maintain fires, except in portable gas stoves.
(F) Bicycles: Not allowed.
(G) Reservations: Each reservation assures entry of up to four individuals, whether adult hunters, junior hunters, or non-shooters.
(H) Special Restrictions: When assigned hunting sites, hunters shall hunt only within 100 feet of their assigned sites, except to retrieve downed birds. Pheasant hunting is not permitted in the assigned blind area except on the first Monday of the pheasant season.
(I) Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited.
(6) San Luis National Wildlife Refuge.
(A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field.
(B) Hunt Days: Saturdays, Sundays, and Wednesdays during waterfowl season. Waterfowl hunting is prohibited on the West Bear Creek Unit prior to the third Saturday in November.
(C) Authorized Species: Waterfowl, coots, and moorhens. Hunting for pheasants will be allowed by permit only on designated days and areas at the Kesterson Unit on the first two days of pheasant season only, and at the San Luis Unit free roam area. Pheasant hunting is also allowed within the Kesterson Unit spaced blind area on the first Monday of the pheasant season only. Snipe hunting is allowed only within the San Luis Unit free roam area, and only on waterfowl shoot days when the area is open to hunting by adult license holders.
(D) Camping and Trailers: Not allowed on the San Luis, Blue Goose, and the west Bear Units of the San Luis National Wildlife Refuge.
(E) Bicycles: Allowed.
(F) Reservations: For the Kesterson and Blue Goose units, each reservation assures entry of no more than three persons if three-person blinds are available, or no more than two persons if two-person blinds are available. For the Freitas units (north and south), each reservation assures entry of one boat with up to four persons. All person's entering on the same reservation will receive the same hunt assignment.
(G) Special Restrictions: Hunters in the Kesterson and Blue Goose units must hunt from assigned blinds, except to retrieve downed birds. Hunters in free roam areas are not restricted to blinds. Freitas units are by boat only.  Maximum boat speed may not exceed 5 mph. Inboard water thrust and air-thrust boats are prohibited. Construction of permanent blinds is prohibited. Cutting or breaking of woody vegetation is prohibited. All blinds and equipment must be removed following each day's hunt 
(H) Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited.
(7) Sonny Bono Salton Sea National Wildlife Refuge.
(A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field. Firearms must be unloaded when being transported between parking areas and blind sites.
(B) Hunt days: Saturdays, Sundays, and Wednesdays during open seasons.
(C) Authorized Species: Waterfowl, coots, and moorhens.
(D) Camping and Trailers: Not allowed.
(E) Special Restrictions: Hunters in the Hazard Unit shall hunt only from within 100 feet of their assigned blind sites or stakes, except to retrieve downed birds. Hunters in the Union Tract shall hunt only from within their blinds, except to retrieve downed birds.
(F) Blind Limitation: Not more than four individuals may occupy a blind site.
(8) Sutter National Wildlife Refuge.
(A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field.
(B) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Pheasant: Waterfowl hunt days during the pheasant season.
(C) Authorized Species: Waterfowl, coot, moorhens, snipe, and pheasants.
(D) Camping and tents not allowed. No person may build or maintain fires, except in portable gas stoves.
(E) Bicycles: Not allowed.
(F) Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited.
(9) Stone Lakes National Wildlife Refuge
(A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U. S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field. 
(B) Hunt Days: Wednesdays and Saturdays from 1/2 hour before sunrise to 12 noon.
(C) Authorized Species: Waterfowl, coots, moorhens and snipe.
(D) Reservations only, no non-reservations accepted or backfill.
(E) Camping and tents: Not allowed. No person may build or maintain fires.
(F) Decoy carts: Allowed.
(G) Bicycles: Not allowed.
(H) Reservations: Each reservation assures entry of up to two individuals per blind, except for the youth draw blinds on Saturdays which may include two youth hunters accompanied by one adult (only youth may apply). The pontoon boat for persons with disabilities is for use by one disabled hunter and one able bodied companion. 
(I) Special Restrictions: When assigned hunting sites, hunters shall remain in the assigned blind unless placing decoys, traveling to and from parking area, retrieving downed birds or when shooting and retrieving crippled waterfowl.
(J) Hunting dogs must remain under leash or voice control at all times.
NOTE

Authority cited: Sections 200, 202, 203, 355, 713, 1050, 1526, 1528, 1530, 1570-72, 1765 and 10504, Fish and Game Code. Reference: Sections 355, 711, 713, 1050, 1055.3, 1526, 1528, 1530, 1570-72, 1585, 1764, 1765, 2006 and 10504, Fish and Game Code.
HISTORY

1. Repealer and new section filed 10-8-93; operative 10-8-93  pursuant to section 202 and 215, Fish and Game Code (Register 93, No. 41). For prior history, see Register 92, No. 43.
2. Amendment of section heading and text filed 10-5-94; operative 11-4-94 (Register 94, No. 40).
3. Amendment filed 9-12-95; operative 9-12-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 37).
4. Repealer of subsections (a)(4)-(a)(4)(F), subsection renumbering, amendment of newly designated subsections (a)(4)(G), (a)(6)(E) and (a)(7)(C)-(D), new subsection (a)(7)(F) and amendment of Note filed 10-1-96; operative 10-1-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 40).
5. Amendment of subsection (a)(7)(C) filed 10-3-97; operative 10-3-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 40).
6. Amendment filed 10-6-99; operative 10-6-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 41).
7. New subsections (a)(1)(F)-(G), amendment of subsection (a)(2)(D), new subsection (a)(2)(I), amendment of subsection (a)(5)(D) and new subsections (a)(5)(I), (a)(7)(H) and (a)(8)(F) filed 9-28-2000; operative 9-28-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 39).
8. Repealer of subsections (a)(6)-(a)(6)(F), subsection renumbering, amendment of newly designated subsections (a)(6)(B)-(D) and new subsections (a)(7)-(a)(7)(F) filed 10-23-2001; operative 10-23-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 43).
9. Amendment of subsections (a)(1)(D), (a)(2)(E), (a)(4)(B), (a)(4)(G), (a)(5)(E), (a)(6)(C), (a)(6)(F) and (a)(8)(D) filed 9-9-2002; operative 9-9-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 37).
10. Amendment of subsection (a)(6)(G) and amendment of Note filed 11-4-2004; operative 11-4-2004 pursuant to Fish and Game Code section 215 (Register 2004, No. 45).
11. Amendment of subsections (a)(4)(A) and (a)(6)(G) and new subsections (a)(9)(A)-(J) filed 11-7-2007; operative 12-7-2007 (Register 2007, No. 45).
§553. Heenan Lake Wildlife Area.
Note     •     History

For the purpose of controlling public use during the fishing season, permits are required as follows:
(a) Permits shall be issued only to holders of a valid California sport fishing license for persons 16 years of age and older. Persons under 16 years of age shall be accompanied by an adult legally responsible for him or her and said adult shall list each minor on the permit.
(b) Fishing permits shall be issued at offices of the Department of Fish and Game in Redding, Sacramento, Rancho Cordova, Bishop, Yountville, Fresno, Long Beach and at designated license agents in Markleeville.
(c) A fee of $3.00 shall be charged for each three-day weekend period for all persons 16 years of age or older.
(d) Only boats propelled by oars or electric motors may be used.
(e) Any portion of the Heenan Lake Wildlife Area may be closed to fishing or trespass by the Department by posting notice of the same.
NOTE

Authority cited: Sections 1526, 1528 and 1530, Fish and Game Code. Reference: Sections 1526, 1528 and 1530, Fish and Game Code.
HISTORY

1. New section filed 9-28-84; effective thirtieth day thereafter (Register 84, No. 39). For history of former section, see Registers 76, No. 35; 73, No. 34; 70, No. 35; and 68, No. 33.
§553.1. Clifton Court Forebay Waterfowl Public Shooting Area. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 1526-1530 and 10504, Fish and Game Code.
HISTORY

1. New section filed 8-24-71; effective thirtieth day thereafter (Register 71, No. 35).
2. Correctory amendment of subsection (f) filed 9-15-71 (Register 71, No. 41).
3. Amendment of subsection (i) filed 8-28-74; effective thirtieth day thereafter (Register 74, No. 35).
4. Repealer filed 8-27-76; effective thirtieth day thereafter (Register 76, No. 35). 
§554. Cooperative Deer Hunting Areas.
Note     •     History

To encourage the protection and enhancement of critical deer habitat, to provide added protection to landowners from depredations of trespassers and to provide greater access for the public to hunt on privately owned or controlled lands, the department may establish cooperative hunting areas and issue permits for the take of deer as specified subject to the following conditions:
(a) Definition and Scope. A cooperative deer hunting area is an area of private land located within critical deer habitat as determined by the department in deer quota zones (see Section 360) which require public drawings. The cooperative hunting area shall encompass not less than a total of 5,000 acres, except that such area may consist of neighboring lands not less than 640 acres in size under the control of one or more owners.
(b) Application Process. Application forms are available from the department's headquarters and regional offices. The applicant for a cooperative deer hunting area permit shall be an owner of said land. The completed application form and a completed one deer tag application for the appropriate deer zone shall be submitted to one of the following offices of the Department of Fish and Game:
Region 1, 601 Locust Street, Redding 96001 (530) 225-2300
Region 2, 1701 Nimbus Road, Rancho Cordova 95670 (916) 358-2900
Region 3, 7329 Silverado Trail, Box 47, Yountville 94599 (707) 944-5500
Region 4, 1234 East Shaw Avenue, Fresno 93710 (559) 243-4005
Region 5, 4949 View Ridge Avenue, San Diego 92123 (858) 467-4201
Region 6, 4775 Bird Farm Road, Chino Hills 91709 (909) 597-9823
The completed applications must be received prior to the first Friday in August. No individual may submit more than one cooperative deer hunting area application or deer tag application per deer season nor may there be more than two cooperative deer hunting area applicants for a given parcel of land. The department shall review the cooperative deer hunting application, verify the content thereof and certify that the lands consist of critical deer habitat prior to the issuance of a cooperative deer hunting area permit and deer tag.
Only those applications that are filled out completely will be accepted. Incomplete applications will be returned within 15 days of receipt by the department. There shall be no fee for a cooperative hunting area permit.
(c) A deer tag issued pursuant to the provisions of this section is valid only during the open deer season for the deer zone specified on the tag and may only be used on the lands specified in the landowner's application.
(d) All provisions of the Fish and Game Code relating to the take of birds and mammals shall be a condition of all permits and tags issued pursuant to this section.
(e) Any permit or tag issued pursuant to Section 554 may be cancelled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of this regulation by a court of competent jurisdiction.
NOTE

Authority cited: Section 1572, Fish and Game Code. Reference: Sections 1570-1572, Fish and Game Code.
HISTORY

1. New section filed 6-29-83 as an emergency; effective upon filing (Register 83, No. 27). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-27-83. For prior history, see Register 81, No. 41.
2. Certificate of Compliance including amendments filed 9-30-83 (Register 83, No. 40).
3. Amendment of subsections (a) and (b) filed 8-9-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 32).
4. Editorial correction of subsection (b) filed 10-29-85; effective thirtieth day thereafter (Register 85, No. 44).
5. Amendment filed 7-17-87; operative 7-17-87 (Register 87, No. 29). 
6. Amendment of subsection (b) filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game Code sections 202 and 205 (Register 2000, No. 26).
§555. Cooperative Elk Hunting Areas.
Note     •     History

To encourage protection and enhancement of elk habitat and provide eligible landowners an opportunity for limited elk hunting on their lands, the department may establish cooperative elk hunting areas and issue license tags to allow the take of elk as specified in Section 364, and subject to the following conditions:
(a) Definition and Scope. A cooperative elk hunting area is an area of private land located within the boundary of an area open  to public elk hunting (as identified in Section 364). Minimum size of a cooperative elk hunting area shall be 5,000 acres, except that contiguous parcels of at least 640 acres in size may be combined to comprise a cooperative elk hunting area. Within an area open to public elk hunting, the number of cooperative elk hunting license tags issued shall not exceed 20 percent of the number of public license tags for the corresponding public hunt and shall be of the same designation (i.e., antlerless, spike bull, bull or either-sex) as the public license tags.
(b) Application Process. Application forms are available from the department's headquarters and regional offices. A person (as defined by Fish and Game Code Section 67) owning at least 640 acres within a cooperative elk hunting area shall be eligible to apply for a cooperative elk hunting area permit. Applicants shall designate one individual eligible to receive one elk license tag by the date indicated under subsection (3) below. Such individuals shall be at least 12 years of age and possess a valid California hunting license. A person may annually submit a cooperative elk hunting area application where they own sufficient habitat as described in subsection (a) above, for each public hunt area in which their property occurs. 
(1) Applications shall be submitted to the department's regional office nearest the proposed cooperative elk hunting area. Department of Fish and Game regional offices are located as follows:
Northern California and North Coast Region, 601 Locust Street, Redding 96001 (530) 225-2300
Sacramento Valley and Central Sierra Region, 1701 Nimbus Road, Rancho Cordova 95670 (916) 358-2900
Central Coast Region, 7329 Silverado Trail, Box 47, Yountville 94599 (707) 944-5500
San Joaquin Valley and Southern Sierra Region, 1234 East Shaw Avenue, Fresno 93710 (559) 243-4005
South Coast Region, 4949 View Crest Avenue, San Diego 92123 (858) 467-4201
Eastern Sierra and Inland Deserts Region, 4775 Bird Farm Road, Chino Hills 91709 (909) 597-9823
(2) Completed applications must be received by the first business day following July 1. Only those applications that are filled out completely will be accepted. The Department will evaluate applications to determine if the specified parcels are of sufficient size within the boundary of a public elk hunt area, and contain important elk habitat. Rejected applications and those that are incomplete will be returned within 15 days of receipt by the department. If the number of accepted applications exceeds the license tags available, the department will determine successful applicants and a list of alternates by conducting a random drawing from the pool of qualified applicants as soon as possible after the application deadline. For any license year that the demand for cooperative elk hunting license tags within an area open to public hunting (as identified in Section 364) exceeds the number of tags available, tags will be first issued to applicants that did not receive a tag the previous year. If the quota is not filled, tags will be issued to the remaining applicants by random drawing.
(3) Successful applicants will be notified by the department as soon as possible after the application deadline. Applicants shall submit the name, address, and valid California hunting license number of designated elk license tag recipients and payment of elk license tag fees by check, money order, or credit card authorization in the amount specified by subsection 702(b)(1)(L)(M), to the department's regional office nearest the proposed cooperative elk hunting area, by the first business day following August 1. 
(c) An elk license tag issued pursuant to the provisions of this section is valid only during the general elk season in which the cooperative elk hunting area occurs and shall only be used on land specified in the landowner's application. License tags are not transferable.
(d) All provisions of the Fish and Game Code and Title 14, CCR, relating to the take of birds and mammals shall be conditions of all license tags issued pursuant to this section.
(e) Any permit issued pursuant to Section 555 may be canceled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of this regulation by a court of competent jurisdiction.
NOTE

Authority cited: Section 1575, Fish and Game Code. Reference: Sections 67 and 1575, Fish and Game Code.
HISTORY

1. New section filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game Code sections 202 and 205 (Register 2000, No. 26).
2. Amendment filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
3. Amendment of subsections (b) and (b)(3) and amendment of Note filed 6-12-2009; operative 7-1-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 24). 
4. Amendment of subsections (a) and (b)(2) filed 6-24-2010; operative 6-24-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 26). 
Chapter 9. Shooting Clubs
§600. Licensed Game Bird Clubs.
Note     •     History

No licensed game bird club utilizing domestically reared game birds may be operated in this state except under a license issued by the department and under the provisions of this section. Domestically reared game birds include only the following: Pheasants of the species Phasianus colchicus, including all ring-necked pheasant races, Indian chukar, domestically reared wild turkey, Hungarian partridge, bobwhite quail, Coturnix quail, and other such species as may be designated by the Fish and Game Commission.
(a) General Provisions for All Licensed Game Bird Clubs, Including Zone A and B Clubs.
(1) Licensed Provisions.
(A) Application Form. Application for a game bird club license shall be made on LICENSED GAME BIRD CLUB APPLICATION, Form LGBC 600 (5/95), which is incorporated by reference herein. Application forms are available from the Department of Fish and Game, License and Revenue Branch. The application form shall be completed in its entirety and submitted to the License and Revenue Branch. The approved application form (LGBC 600) shall be kept with the shooting permit records for the licensed area and shall be open to inspection.
(B) Signing of Application. Applications shall be signed by the applicant. If the applicant is a corporation, the application shall be signed by any one or more duly authorized officers of the corporation. If the applicant is a partnership, the application shall be signed in behalf of the partnership by any one or more of the general partners. If the applicant is a person, doing business under a business name, the application shall be signed by such person accompanied by a statement of the name under which business is being done.
(C) Inspection Requirement. The department may inspect each tract proposed for licensing to determine if it is suitable for a licensed game bird club.
(D) Licensed Area. A licensed game bird club shall include the total area within the exterior boundary.
(E) Map Requirement for New Areas or Boundary Changes. Applications for new areas and those involving a boundary change must include a current 7.5 minute U.S. Geological Survey topographic map denoting the boundaries of the proposed area or areas.
(F) Transfer of License. The department may transfer a license to other land owned or controlled by a licensee if the land is located in the same county as the land specified in the original application, if the new land is suitable for the purposes of the license. A transfer of license may not require an additional fee but may require a department inspection to determine if the above provisions are satisfied.
(G) Proof of Hunting Rights. Applications involving lands not owned by the applicant must include written verification that the applicant has acquired exclusive hunting rights on the land in question for the total period of the license.
(H) Term of License. A game bird club license shall be issued for a period of one year from August 1 to July 31, or for the remainder of the period if issued after August 1.
(I) License Fees. The base license fee shall be $280 for game bird clubs over 500 acres in size and $210 for game bird clubs of 500 acres or less. These fees shall be annually adjusted pursuant to Section 713 of the Fish and Game Code.
(J) Request for Cancellation of License. A licensee shall request that his/her license be cancelled. This request must be made in writing to the department's License and Revenue Branch (see subsection (a)(1)(A)). The license fee shall not be refunded for a cancelled license.
(K) License Revocation or Suspension. The department may revoke, suspend or decline to renew a license for failure to comply with the provisions of a license or failure to comply with these regulations. Any person whose license is revoked or suspended may request a hearing before the commission to show cause why his/her permit should not be revoked or suspended.
(2) Posting of Area. Every game bird club shall be posted on the exterior boundary with signs of a size not less than 8 1/2 by 11 inches at intervals of at least three (3) to the mile and at all corners and entrances. The signs shall include the name of the club and the words: “private licensed game bird club or private licensed pheasant club--authorized under regulations of the Fish and Game Commission--no trespassing.” These signs shall be visible at least twenty-five (25) feet from the boundaries of such club. The department shall not furnish such signs. Signs shall be removed prior to September 15 of the succeeding year if no license is granted for that year.
(3) Compliance Requirement. It is unlawful to shoot, attempt to shoot, or otherwise take any game bird on the premises of any licensed game bird club unless the provisions of this Section 600 have been complied with. The department may inspect the premises of each licensed area to determine whether or not the licensee has complied with these regulations.
(4) Shooting Permit Requirement. No person may hunt domestically reared game birds on a licensed game bird club without having in possession a valid hunting license, a valid upland game bird stamp and a valid game bird club shooting permit issued by the licensee or an agent authorized by the licensee (see subsection (a)(9)). The shooting permit shall include the following information: name, hunting license number, and date(s) permit is valid.
(5) Daily Log Sheets. Every hunter on a licensed game bird club shall sign in on a daily log sheet at the location designated on the license application prior to going afield in pursuit of domestically reared game birds.
(6) Shooting Records. Licensees shall maintain a record for each shooting day on forms supplied by the department, LICENSED GAME BIRD CLUB MONTHLY REPORT, Form LGBC 600B (5/97), which is incorporated by reference herein, and shall make entries on the record for each shooting day.
(7) Shooting Records Maintenance. Shooting permit records and other records required by these regulations shall be open to inspection by the department on shooting days at a designated site identified in the license application. During the balance of the shooting season, these records shall be available for inspection by the department from the licensee or authorized agent. Records must be retained for inspection for a period of one year after the close of the shooting season. The licensee shall submit all of the LGBC 600B forms provided by the department showing the daily and monthly numbers of each species released and taken. The report shall be sent to the Department of Fish and Game, at an address to be determined by the Department, within thirty (30) days after shooting has ceased, and the licensee shall maintain a legible copy of such record.
(8) Seal Requirement.
(A) Seals shall be affixed by the licensee, or an authorized agent, to all pheasants, chukars, and turkeys taken on a licensed game bird club area. Seals shall be applied immediately upon the hunter's return to club headquarters. Seals shall remain attached to the birds until they are finally prepared for consumption. Seals shall be supplied by the department at a fee of five cents ($0.05) each. These seals shall be purchased and located on the club area prior to the taking of any released birds. Seals may be obtained from the department's License and Revenue Branch (see subsection (a)(1)(A)).
(B) Seals shall be affixed to bagged pheasants, chukars, and turkeys only. Seals shall be affixed only by the licensee or an authorized agent.
(C) The licensee must account for all used and unused seals upon request by the department. The licensee is required to destroy all unused seals at the end of each season.
(D) There shall be no refund of money for unused seals.
(E) Seals are not transferable and shall be used only on the licensed club to which they are issued.
(F) Seals are not required for domestically reared game birds other than pheasant, chukar, and turkey.
(9) Authorized Agents. The licensee may appoint authorized agents to serve in his/her capacity. An authorized agent must be 16 years of age or older. The applicant shall declare the intended authorized agents on LICENSED GAME BIRD CLUBS - AUTHORIZED AGENTS, (Form LGBC 600A), which is incorporated by reference herein, and post the form at the club headquarters for the duration of the season.
(10) Liberation of Birds.
(A) The department may require the licensee to deliver birds to the licensed area for inspection and/or banding. If banding is required the licensee or authorized agent shall remove all leg bands from birds killed on the licensed game bird club and return them to the department's Wildlife Management Division (see subsection (a)(7) for address).
(B) At time of release, all birds shall be full-winged and otherwise in condition to go wild. Birds that are altered in any manner which would, in the opinion of the department, render them incapable of surviving in the wild, or which are diseased, or show evidence of malnutrition, shall be rejected for release.
(C) Approval for the release and take of domestically reared wild turkeys will not be granted in areas where wild turkeys have been released by the department or where a population of wild turkeys exists.
(11) Shooting Hours.
(A) The shooting hours for taking domestically reared game birds on licensed game bird clubs shall be from one-half hour before sunrise to one-half hour after sunset.
(12) Conduct of Hunters. The licensee or authorized agent, of a licensed game bird club, may refuse to issue a permit to any person who in his/her opinion is intoxicated or handles firearms in a careless and dangerous manner. The licensee, or authorized agent, may also revoke forthwith the permit of any hunter who endangers the safety of other hunters, destroys or endangers property on the club or fails to attempt to recover crippled or dead birds which he/she has shot or violates any fish and game regulations.
(13) Laws and Regulations For Game Other Than Domestically Reared Game Birds. Game other than domestically reared game birds may be taken on a licensed game bird club under the laws and regulations applying to the state at large, including daily bag limits.
(14) Prohibition on Removal of Domesticated Game Birds Taken By Means Other Than Hunting. No game birds killed in any manner other than by hunting by legal methods shall be removed from the premises of any licensed game bird club. It shall be unlawful to sell or buy or attempt to sell or buy any domestic game birds taken from such club.
(15) Disease Prevention. Birds being reared for release by the licensee on a licensed game bird club or at an off-site location shall be maintained under conditions which are not conducive to the spread of diseases. Rearing facilities shall be subject to inspection by the department.
(16) Game Bird Purchase Records. The licensee shall retain copies of all game bird purchase invoices. A copy of these records shall be available for inspection during the license year. Information concerning the date and number of birds delivered shall be recorded on all invoices. All pens and birds may be inspected by the department at any time. A department employee may witness all releases.
(17) Use of Dogs. Hunters are encouraged to utilize retrieving dogs while in the field to assist in the recovery of downed birds. Hunters shall make a reasonable effort to locate all downed birds consistent with sections 203.1 and 4304 of the Fish and Game Code. For hunters without retrieving dogs, the licensee may provide dogs and accompanying handlers. No dog handler may serve as a guide and the use of dogs on licensed game bird clubs does not constitute guiding, as defined in Section 2535 of the Code.
(b) Zones for Licensed Game Bird Clubs. For the purpose of hunting domestically reared game birds, the state is divided into Zone A and Zone B. Clubs licensed in these areas shall be known as Zone A and Zone B licensees, respectively.
(1) Zone A Licensed Game Bird Clubs.
(A) Zone A Defined. Zone A consists of the following area: San Joaquin-Sacramento Valleys; within a line beginning at the junction of State Highway 41 and Interstate Highway 5 northerly on Interstate Highway 5 to the junction of Washoe Avenue; northerly along Washoe Avenue to California Avenue (Panoche Road); westerly along California Avenue (Panoche Road) to Interstate Highway 5; northerly along Interstate Highway 5 to the Delta-Mendota Canal crossing; northerly and westerly along said canal to the crossing of the Southern Pacific Railroad tracks (about five (5) miles south of Byron); northwesterly along said railroad to its intersection with State Highway 4 at Brentwood; north and west along said State Highway 4 to its intersection with State Highway 84; along said State Highway 84 to the Sacramento-Contra Costa county line on the Antioch Bridge; westerly along the Sacramento-Contra Costa county line to its intersection with the Solano County boundary; northeasterly along the Sacramento County-Solano County line to Cache Slough; northwesterly along the South bank of Cache Slough to Haas Slough; northerly along the south bank of Haas Slough to its intersection with the Sacramento Northern Railroad tracks; northeasterly along the Sacramento Northern Railroad tracks to Bunker Station; westerly along the Bunker Station-Binghampton Road to State Highway 113; northerly along State Highway 113 to Hawkins Road; westerly along Hawkins Road to Leisure Town Road; southerly along Leisure Town Road to Cooper School Road; westerly along Cooper School Road to Nut Tree Road; northwesterly along Nut Tree Road to Interstate Highway 80; southwesterly along Interstate Highway 80 to the range line between R1W and R2W; northerly along said range line to the Pacific Gas and Electric Pit Vaca Dixon electrical transmission lines approximately six (6) miles north and east of the town of Capay; northwesterly along west right-of-way boundary of the said Pacific Gas and Electric transmission lines to the township line between T15N and T16N; northerly along the west right-of-way boundary of said transmission line to the Tehama County line; easterly along the Tehama-Glenn county line to the Sacramento River; northerly along the Sacramento River to the Tehama-Butte county Line; easterly along the Tehama-Butte county line to U.S. Highway 99; southeasterly along 99E through Chico to the junction of State Sign Route 162; southeasterly along State Sign Route 162 to the junction of State Highway 70; southeasterly on State Highway 70 to the township line between T18N and T19N; easterly on said township line to the Oroville-Bangor Highway; southeasterly on the Oroville-Bangor Highway to Bangor on the section line between Section 27 and Section 28, T18N, R5E; south on said section line to the township line between T18N and T17N; east on said township line to the range line between R5E and R6E; south on said range line to State Highway 20; easterly along said Highway 20 through Smartville to the common boundary between Nevada an Yuba counties; south along this boundary to Placer County; east along the common boundary of Nevada and Placer counties to the range line between R6E and R7E; south along said range line to the township line between T11N and T10N; east along this township line to the common boundary between Placer and El Dorado counties; south along said boundary to the common boundary between Sacramento and El Dorado counties; southeasterly along said boundary between Sacramento and El Dorado counties, Sacramento and Amador counties, San Joaquin and Amador counties, San Joaquin and Calaveras counties; southerly along the San Joaquin-Stanislaus county line to State Highway 4; easterly on State Highway 4 to Milton Road; southerly on Milton Road to its junction with Sonora Road; southeasterly along Sonora Road to Knights Ferry; southerly along the Knights Ferry-LaGrange Road to Warnerville; southerly along Crabtree Road to Turlock Lake State Park; southerly on Roberts Ferry Road to its intersection with Lake Road; westerly on Lake Road to Hawkins Road; southerly on Hawkins Road to Keyes Road; easterly on Keyes Road to its intersection with Cox Ferry Road; southerly along Cox Ferry Road and State Highway 59 to the Santa Fe Railroad tracks; southerly along the Santa Fe Railroad tracks through Planada and LeGrand to its intersection with State Highway 145; southwesterly along State Highway 145 to U.S. Highway 99; southerly along U.S. Highway 99 to State Highway 41; then southwesterly along State Highway 41 to the point of beginning.
(B) Shooting Season. The Zone A shooting season for pheasants shall commence on the Saturday nearest the 15th day of October and extend for 114 consecutive days. For all other domestically reared game birds, the Zone A shooting season shall be from September 1 to March 31 of the following year.
(C) Limitation on Pheasants Taken. At no time shall the number of pheasants taken on a Zone A licensed game bird club exceed 80% of the total number of pheasants previously released on the licensed area during the license year and up to 12 days prior to the season. Such birds must be released under the provisions of a current game bird club license.
(D) Daily Bag Limit. There is no daily bag limit for domestically reared game birds on a Zone A licensed game bird club.
(E) Unused Seals. Unused seals shall not be given to hunters.
(F) Headquarters and Travel Route. A headquarters building, housetrailer, or site for record inspection shall be maintained for each licensed game bird club during the shooting season. The location of the building, housetrailer, or site must be designated on the license application. No shooting permits shall be issued or birds taken until such headquarters has been established. When hunters, in order to travel between headquarters and the licensed hunting area, must travel off the licensed hunting area, the applicant must include in his application a request for an authorized travel route. Such route shall not exceed 10 miles. Firearms must be unloaded in conformance with state law while hunters are using such authorized travel route. The travel route must be included in the application and indicated on the map to scale required in the application. The headquarters and authorized travel routes shall be considered part of the licensed premises for the requirements of sealing birds, but shall not affect the gross area of the club.
(2) Zone B Licensed Game Bird Clubs.
(A) Zone B Defined. Zone B consists of the remainder of the state not included in the area described in subsection (b)(1)(A) above (Zone A).
(B) Shooting Season. The Zone B shooting season shall commence on September 1 and close on May 31.
(C) Release of Pheasants Required. Pheasants may not be taken on a Zone B licensed pheasant club unless domestically reared pheasants have previously been released on the licensed area during the current license year. The take of pheasants shall at no time exceed the number previously released during the current license year.
(D) Limitation on Birds Taken. The total number of pheasants which may be taken on a Zone B licensed game bird club shall not exceed the number of pheasants released on the licensed area during the license year.
(E) Daily Bag Limit. There is no daily bag limit for domestically reared game birds on a Zone B licensed game bird club.
(F) Unused Seals. Unused Zone B seals may be possessed only by the licensee or a duly authorized agent.
(G) Headquarters and Travel Route. A headquarters building, housetrailer, or site for record inspection shall be maintained for each licensed game bird club during the shooting season. The location of the building, housetrailer, or site must be designated on the license application. No shooting permits shall be issued or birds taken until such headquarters has been established. When hunters, in order to travel between headquarters and the licensed hunting area, must travel off the licensed hunting area, the applicant must include in his application a request for an authorized travel route. Such route shall not exceed 10 miles. Firearms must be unloaded in conformance with state law while hunters are using such authorized travel route. The travel route must be included in the application and indicated on the map to scale required in the application. The headquarters and authorized travel routes shall be considered part of the licensed premises for the requirements of sealing birds, but shall not affect the gross area of the club.
NOTE

Authority cited: Sections 203, 203.1, 3000 and 3270, Fish and Game Code. Reference: Sections 203, 203.1, 3000, 3270, 3500 and 4304, Fish and Game Code.
HISTORY

1. Amendment of subsection (c)(1) and addition of subsection (c)(4) filed 6-11-68; effective thirtieth day thereafter (Register 68, No. 22). For prior history, see Register 68, No. 6.
2. Amendment of subsection (a) filed 6-30-69; effective thirtieth day thereafter (Register 69, No. 27).
3. Renumbering from Chapter 8 filed 3-17-72; effective thirtieth day thereafter (Register 72, No. 12).
4. Amendment of subsection (j)(2) filed 8-2-72; effective thirtieth day thereafter (Register 72, No. 32).
5. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
6. Order of Repeal of subsections (c)(3) and (k)(2) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
7. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38). 
8. Repealer and new section and amendment of Note filed 6-30-95; operative 7-1-95 pursuant to Fish and Game Code section 3270 (Register 95, No. 26).
9. Amendment of opening paragraph and subsections (a)(2), (a)(6), (a)(7), (a)(8)(C) and (a)(9), repealer of subsection (a)(11) and subsection renumbering, and amendment of newly designated subsections (a)(11)(A) and (a)(16) filed 7-10-96; operative 8-9-96 (Register 96, No. 28).
10. Amendment of subsection (b)(1)(B) and Note filed 2-6-97 as an emergency; operative 2-6-97 (Register 97, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-6-97 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (a)(6), repealer of subsections (a)(10)(A)-(B) and subsection relettering filed 10-7-97; operative 10-7-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 41).
12. Reinstatement of subsection (b)(1)(B) and Note as they existed prior to 2-6-97 emergency amendment filed 4-22-98 by operation of Government Code section 11346.1(f) (Register 98, No. 17).
13. New subsection (a)(17) and amendment of Note filed 2-3-2000; operative 2-3-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 5).  
14. Amendment of subsections (a)(1)(A) and (a)(7) filed 10-21-2004; operative 10-21-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 43). 
15. Amendment of subsection (a)(11)(A) filed 8-29-2007; operative 9-1-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 35).
§600.1. Licensed Pheasant Clubs, Zone A.
Note     •     History

NOTE

Authority cited: Sections 3270, 3273, 3280 and 3282, Fish and Game Code. Reference: Sections 3270-3291, Fish and Game Code.
HISTORY

1. Amendment of subsections (b)(4), (c)(4), (g)(1), and (h)(1) filed 8-2-72; effective thirtieth day thereafter (Register 72, No. 32). For prior history, see Register 69, No. 3.
2. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
3. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
4. Repealer filed 6-30-95; operative 7-1-95 pursuant to Fish and Game Code section 3270 (Register 95, No. 26).
§600.2. Licensed Pheasant Clubs, Zone B.
Note     •     History

NOTE

Authority cited: Section 3270, Fish and Game Code. Reference: Sections 3270-3291, Fish and Game Code.
HISTORY

1. Amendment filed 11-15-67 as an emergency; effective upon filing (Register 67, No. 46). For prior history, see Register 65, No. 2.
2. Certificate of Compliance--Section 11422, Gov. Code, filed 2-9-68 (Register 68, No. 6).
3. Amendment filed 6-11-68; effective thirtieth day thereafter (Register 68, No. 22).
4. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29). 
5. Repealer filed 6-30-95; operative 7-1-95 pursuant to Fish and Game Code section 3270 (Register 95, No. 26).
§600.3. Indian Chukars, Wild Turkeys, and Exotic Non-Resident Game Birds on Licensed Pheasant Clubs.
Note     •     History

NOTE

Authority cited: Sections 3270, 3270.5, 3287, 3302 and 3516, Fish and Game Code. Reference: Sections 3000 and 3270-3311, Fish and Game Code.
HISTORY

1. Amendment filed 11-15-67 as an emergency; effective upon filing (Register 67, No. 46). For prior history, see Register 65, No. 2.
2. Certificate of Compliance--Section 11422.1, Gov. Code, filed 2-9-68 (Register 68, No. 6).
3. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
4. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
5. Repealer filed 6-30-95; operative 7-1-95 pursuant to Fish and Game Code section 3270 (Register 95, No. 26).
§600.4. Licensed Domesticated Migratory Game Bird Shooting Areas.
Note     •     History

Pursuant to the provisions of Section 3300 of the Fish and Game Code, licenses to operate licensed domesticated migratory game bird shooting

areas may be issued by the Department of Fish and Game on the following terms:
(a) Application Requirements.
(1) If the application indicates that the property upon which a licensed domesticated migratory game bird shooting area is to be operated does not belong to the applicant, he shall declare in the application that he has acquired from the landowner exclusive hunting rights on the said property during the license period. The department may at its discretion require the applicant to provide written verification that he has acquired such hunting rights.
(2) Application shall be made on forms supplied by the department.
(3) Applications shall be signed by the applicant. If the applicant is a corporation the application shall be signed by any one or more duly authorized officers of the corporation. If the applicant is a partnership, the application shall be signed in behalf of the partnership by any one or more of the general partners. If the applicant is a natural person, doing business under a fictitious name, the application shall be signed by such natural person accompanied by a statement of the fictitious name under which he is doing business.
(4) Appearance of Representative of Applicant. Whenever it appears to the commission, on information furnished by the department, that a licensee has not complied with all of the terms and conditions of his permit, no license shall be issued to such licensee for the following year unless he supports his application for renewal of his license by an appearance before the commission in person or by an authorized representative and presents evidence which, in the opinion of the commission, constitutes a justifiable excuse for his failure to satisfy the conditions of his permit during the preceding license year. Unless the commission is thus satisfied, no license shall be issued to the applicant for the period covered by the application.
(5) License Withdrawal. The department may, in its discretion upon written application by the licensee, allow the licensee to withdraw from his license. In the application the licensee shall state the reasons for his request. The license fee shall not be refunded once the license has been issued.
(b) Suitability of Area for Use as Licensed Domesticated Migratory Game Bird Shooting Area. No license for a licensed domesticated migratory game bird shooting area shall be issued until an investigation has been completed by the department and the department has determined that the property is suitable for the purpose of a licensed domesticated migratory game bird shooting area. The department shall base its determinations on whether or not the proposed shooting area will cause conflicts with wild migratory game bird hunting, that the establishment of the shooting area will be in the public interest, and that the operation of a licensed domesticated migratory game bird shooting area at the location specified in the application will not have a detrimental effect upon wild migratory game birds. In the event the license is refused by the department the applicant shall have the right of appeal to the Fish and Game Commission.
(c) Signs. Licensed domesticated migratory game bird shooting area signs shall be posted by the licensee as required by Section 3301 of the Fish and Game Code. Such signs shall be removed prior to September 15 of the succeeding year if no license is granted for that year.
(d) Inspection of Licensed Premises and Domesticated Migratory Game Birds.
(1) The premises where domesticated migratory game birds are held for the purpose of shooting shall be inspected by the Department of Fish and Game for health of birds and sanitation of facilities. Licensees shall pay the department an inspection fee of two cents ($0.02) for each migratory game bird raised or imported for shooting purposes.
(2) Every person who brings or causes to be brought into this state live domestically reared migratory game birds for shooting purposes shall have such birds inspected for disease and health conditions at the point of origin by a licensed veterinarian. A certificate stating that the birds are disease free and signed by a licensed veterinarian, and endorsed by a federal veterinarian, will be forwarded to the Department of Fish and Game for each shipment of birds. Any shipment of birds not accompanied by a certificate of inspection shall be destroyed or returned to the place of origin by the importer at his sole cost and responsibility.
(e) Shooting Season. The season during which shooting shall be permitted shall be for the period September 1 through May 31.
(f) Shooting Hours. Shooting hours for taking domesticated migratory game birds on licensed areas shall be from one-half hour before sunrise to sunset.
(g) Methods of Take. Domesticated migratory game birds may be taken on licensed areas only by the following equipment or methods:
(1) Shotguns 10 gauge or smaller using shotshells only and incapable of holding more than three shells in the magazine and chamber combined;
(2) Muzzle-loading shotguns;
(3) Falconry;
(4) Long bow and arrow;
(h) Reports and Records. Licensees shall maintain on forms supplied by the department an up-to-date record of the number of domesticated migratory game birds taken and the number of hunters using the area. Such original record shall be submitted to the Department of Fish and Game, Wildlife Protection Branch, 1416 Ninth Street, Sacramento, California 95814, within ten (10) days after the close of each month during the shooting season, and the licensee shall retain a legible copy of such records. Such records shall be open to inspection at the area headquarters on shooting days, at the club headquarters or in the possession of the licensee or his agent during the balance of the shooting season, and at a location specified by the licensee for one year thereafter. Such records shall be open to the inspection at any time during these periods by authorized representatives of the department.
(i) Seals on Birds Killed.
(1) Seals, as required by Section 3309 of the Fish and Game Code, shall be affixed by the licensee or his agent to all domesticated migratory game birds taken on the licensed area before such birds are removed from the licensed area. Unused seals shall not be given to shooters. These seals shall be of a type approved by the Fish and Game Commission and shall be purchased at a cost of five cents ($0.05) each prior to the taking of any domesticated migratory game birds on the license area.
(2) All seals must be accounted for by the licensee whenever requested by the department, and at the end of the domesticated migratory game bird shooting area season unused seals shall be returned to the department with the final report. There shall be a refund of money for all returned unused seals.
(3) Seals are not transferable and shall be used only on the licensed domesticated migratory game bird shooting area for which issued.
(j) Posting of Laws and Regulations. Each licensee shall post a complete copy of the licensed migratory game bird shooting area laws and regulations in the area headquarters where they may be read by any person using the facilities of the area. An appropriate copy of the laws and regulations will be furnished to each licensee by the department.
NOTE

Authority cited: Sections 200, 202, 219, 355, 356, 3000, 3302 and 3303, Fish and Game Code. Reference: Sections 200, 202, 219, 355, 356, 3000, 3300-3311 and 3500, Fish and Game Code.
HISTORY

1. New section filed 11-4-70 as an emergency; effective upon filing (Register 70, No. 45).
2. Certificate of Compliance--sec. 11422.1, Gov. Code, filed 1-26-70 (Register 71, No. 5).
3. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
4. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
5. New subsection (k) filed 10-19-87; operative 10-19-87 (Register 87, No. 43).
6. Amendment of subsection (b) filed 11-4-93; operative 11-4-93 pursuant to Fish and Game Code sections 202 and 215 (Register 93, No. 45).
7. Change without regulatory effect amending subsections (g)  and (k) (5) filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
8. Repealer of subsections (k)-(k)(7) filed 9-23-96; operative 9-23-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 39).
§601. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands.
Note     •     History

(a) Definition and Scope: A Private Lands Wildlife Habitat Enhancement and Management Area, (Herein after referred to as a Private Wildlife Management Area) is an area of private lands for which the landowner or their designee has completed and implemented a wildlife habitat enhancement and management plan that actively encourages the propagation, conservation and wise use of the fish and wildlife populations on their land. Such areas shall be licensed annually by the commission.
(b) Application Process:
(1) Application Form and Management Plan: The applicant for a license to operate a Private Wildlife Management Area shall submit the appropriate completed application, as specified in Section 702, and any accompanying additional documentation to the department, at the appropriate regional office as listed on the application. An initial applicant shall include three copies of a general management plan containing at least the following information:
(A) A legal description of the land to be included in the Private Wildlife Management Area. Four original USGS quadrangle maps or equivalent maps showing the boundaries of the Private Wildlife Management Area, access roads, any public lands within and/or adjacent to the Private Wildlife Management Area and all structures and facilities, shall be submitted with the original application;
(B) An estimate of the wildlife and habitats present within the Private Wildlife Management Area, including an indication of animal distribution and habitat condition based on the California Wildlife Habitat Relationships Database System;
(C) A statement of management objectives;
(D) A detailed description of proposed management actions that are intended to achieve the management objectives;
(E) The county General Plan land use designation for the Private Wildlife Management Area.
(2) Applicants shall be individuals or corporate landowners or their designee.
(3) Applications submitted by person(s) other than the landowner shall be approved and signed by the landowner(s).
(4) License Fees: A nonrefundable fee for the purposes of management plan review by the department shall be submitted with the application for a revocable Private Wildlife Management Area license. The fee as specified in Section 702 will be based on the size of the Area as follows:
(A) less than 5000 acres
(B) 5,001 to 10,000 acres
(C) 10,001 to 15,000 acres
(D) greater than 15,001 acres
This application fee is established pursuant to Section 3402(b) of the Fish and Game Code. Payment of the application fee does not constitute acceptance into the program. The Private Wildlife Management Area license shall be valid for five years during the period from July 1 through June 30, and subject to annual review and renewal by the commission. The application fee covers the initial five-year license period. A fee shall  be submitted, based on the size of the area, with the license renewal application at the beginning of each subsequent five year period. This license shall be in place of any other license that may be required of private landowners by the Fish and Game Code or regulations made pursuant thereto. This section shall not, however, be construed to exempt anyone from any requirement pertaining to hunting and sport fishing licenses and stamps.
The department will screen each application for compliance with these regulations. Applications that do not provide the information required, will be rejected and returned to the applicant. Any individual whose application has been rejected by the department may appeal that decision to the commission. Applications accepted by the department will be forwarded for commission review and approval.
(5) Issuance of Area License: Upon approval of the general management plan, the department, with approval of the commission, shall issue a license for the taking of any fish, game bird or mammal in said Private Wildlife Management Area pursuant to the regulations of the commission and the terms and conditions of the permit, which may supersede Fish and Game Code Section 331(a) and (b) as it pertains to resident hunters and license tag fees for antelope, Section 332(b) and (c) as it pertains to resident hunters and license tag fees for elk, and sections 457-459, related to antlerless and either sex deer.
(A) During the initial license year, the take of antelope or elk, will not be authorized, nor shall deer be taken except during the general open season, consistent with the bag and possession limits for the deer hunting zone in which the Area is located, unless otherwise stipulated by the commission. This provision does not apply to renewed licenses provided that the Private Wildlife Management Area has been continuously licensed in the Private Lands Wildlife Habitat Enhancement and Management Program. Upon satisfactory completion of the first year management actions identified in the plan for the Private Wildlife Management Area, the commission may authorize seasons and bag limits which differ from those established for the general seasons. Hunting must be consistent with the management plans prepared for that area or herd and should not result in an overall negative effect on the species population or herd being hunted as determined by the department.
(6) Annual Review: Annual renewal applications must be submitted to the department no later than March 1. The annual renewal application shall contain a summary of habitat enhancement and management activities, harvest, and full payment of fees for the preceding year. The department shall review each plan to determine that the licensee has fulfilled the obligations as prescribed in the management plan. The annual review shall evaluate the following:
(A) Results of activities carried out during the preceding year, including habitat improvement, wildlife production and population levels, hunter use and harvest of wildlife, including an accurate account of all hunting permits, seals and big game tags;
(B) Recommended changes in the general management plan.
(c) Tags and Seals:
(1) Possession of Tags and Seals: Every person hunting on a Private Wildlife Management Area shall have in their immediate possession a valid California hunting license and the appropriate tag or seal issued by a licensee or their authorized agent. Tags shall be filled out by hunters before hunting. The tags or seals shall permit hunting for the period specified, or until revoked by the licensee or the department. Hunting permittees shall only take or possess those species and number of each species as specified by their hunting tags or seals as approved in the management plan. This does not apply to species not included in the management plan which may only be taken in accordance with the provisions of Part 2, Chapters 1-7, and 9 of these regulations and sections 4331 and 4332 of the Fish and Game Code. Hunting permittees while on the Private Wildlife Management Area shall be subject to all terms and conditions of the license.
(2) Tag and Seal Procedures: 
(A) The department shall furnish each licensee with the appropriate tags or seals required by each management plan. With landowner approval and payment of the additional tag or seal fees, tags or seals issued by the licensee may be exchanged for a tag or seal for the same species for use on any other licensed Private Wildlife Management Area for the take of the same species. 
(B) Any deer hunter who has been issued a deer tag or deer tag application by the department and wishes to hunt on a Private Wildlife Management Area shall exchange an unfilled public tag(s) or tag application(s) of the current license year for a Private Wildlife Management Area deer tag(s). These tags can only be used on a Private Wildlife Management Area. In no event shall any hunting permittee take more than two deer each year anywhere in California on either public or private lands. No person shall take more than one buck deer in the X-zones, as defined in Section 360(b), Title 14, CCR. 
(C) Any pronghorn antelope hunter who has been issued a buck pronghorn antelope tag by the department and wishes to hunt on a Private Wildlife Management Area within the zone specified on the tag shall exchange an unfilled public buck pronghorn antelope tag of the current license year for a Private Wildlife Management Area buck pronghorn antelope tag. Any pronghorn antelope hunter who has been issued a doe pronghorn antelope tag by the department and wishes to hunt on a Private Wildlife Management Area within the zone specified on the tag shall exchange an unfilled public doe pronghorn antelope tag of the current license year for a Private Wildlife Management Area doe pronghorn antelope tag. In no case shall an exchange occur to allow pronghorn antelope hunting outside the geographic zone or prescribed dates of the original tag, as contained in Section 363, Title 14. No hunter shall exchange a Private Wildlife Management Area pronghorn antelope tag for a public tag.
(D) Immediately upon killing any animal under the authority of the tag issued to them by the licensee, the hunter shall completely fill out the tag and attach it to the antler or horn of the male animal or to the ear of the female animal. Prior to transporting the carcass from the Private Wildlife Management Area, the hunter shall surrender the report card portion of the tag to the licensee or their designee. The hunter shall have the license tag validated pursuant to the provisions of Section 4341 of the Fish and Game Code and Section 708(a)(8), Title 14, CCR. The completed report card portion of the deer tag or any other species tag shall be returned to the department by the licensee on or before January 1. The license tag shall remain with the animal pursuant to sections 708(a)(3), 708(c)(4), 708(d)(4), Title 14, CCR.
(3) Tag and Seal Fees: The licensee shall pay the department the fees specified in Section 702 for each tag and seal authorized annually.
(d) Operation of a Private Lands Wildlife Habitat Enhancement and Management Area:
(1) Posting: Private Wildlife Management Areas shall be posted by the licensee by placing signs which have been approved by the department and that forbid trespass. Signs shall be placed at intervals not less than three to the mile along exterior boundaries and at all roads and trails entering such lands. Where the area is bounded by land open to public hunting, posting shall be required with signs posted at intervals not less than eight to the mile. These signs shall identify both ingress to the Area and egress from the Area. Posting shall be completed no later than fourteen days prior to hunting within either the Area or adjacent public deer hunting zone, and maintained for the life of the license. Posting shall ensure that all boundaries are clearly marked and that no public access roads or areas appear to be closed.
(2) Records: The licensee shall maintain accurate records of all tags and seals and make such records available to the department upon request. The licensee shall provide the department with the location of where records will be kept and available for inspection. An accurate accounting of all hunting tags and seals authorized shall be submitted to the Licenses and Revenue Branch, 3211 S Street in Sacramento, CA 95816, by March 1 of each year. Such accounting shall include the actual exchanged tags or applications provided by the individual hunters on each area. Each licensee shall pay for all the previous year's authorized tags and seals by March 1. In the event a licensee fails to remit all fees by March 1, the department may require full payment of all tags and seals prior to the next license year. Tag and seal fees which have not been paid in full by March 1 will be subject to a 10% late payment fee. All fees must be paid in full before the department forwards any renewal application to the commission for consideration and approval.
(e) Revocation of Licenses, Tags, and Seals:
(1) License: A Private Lands Wildlife Habitat Enhancement and Management Area license may be suspended temporarily by the Director, upon their verification of the facts, for a breach or violation of the terms of the license by the holder thereof, or by any person acting under their direction or control or in cooperation with them. The commission shall be notified of any such suspension and subsequently may revoke or reinstate the license or fix the period of suspension after written notice and a hearing at the next scheduled commission meeting has been provided to the licensee by the commission. Any licensee convicted of a violation of the Fish and Game Code or regulations made pursuant thereto or a violation of the terms and conditions of their license must appear before the commission prior to the issuance of a new license.
(2) Tags and Seals: The licensee, their designee, or any employee of the department may revoke a Private Wildlife Management Area hunting tag or tags, seal or seals for a violation of any Fish and Game law or regulation or the terms and conditions of the Private Lands Wildlife Habitat Enhancement and Management Area license.
(f) Termination of License: a licensee may elect to terminate involvement with the Private Lands Wildlife Habitat Enhancement and Management Program only after giving the commission and the department ten days notice of their intent to withdraw. The licensee must submit a certified letter of intent to the commission and the nearest regional office of the department along with a full accounting of all tags and seals used, exchange tags received, and all fees due the department. Prior to the department receiving this notice and full accounting with fees due, the licensee must abide by the terms and conditions of the license issued pursuant to Section 3402 of the Fish and Game Code.
(g) No person shall violate any of the provisions of this section or any license issued pursuant thereto. Failure to comply therewith may result in:
(1) denial of application
(2) revocation of license and/or tags and seals
(3) citation under the provisions of the Fish and Game Code.
NOTE

Authority cited: Sections 200, 202, 203, 713, 3402, 3404 and 3406, Fish and Game Code. Reference: Sections 3400-3404, 3406-3409, 4331-4332 and 4341, Fish and Game Code.
HISTORY

1. New section filed 9-16-81; effective thirtieth day thereafter (Register 81, No. 38).
2. New section refiled 9-17-81 as an emergency; effective upon filing (Register 81, No. 38).
3. Certificate of Compliance filed 9-23-81 (Register 81, No. 38).
4. Repealer and new section filed 6-7-82; effective thirtieth day thereafter (Register 82, No. 24).
5. Amendment of subsection (d)(2) filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
6. Repealer and new section filed 8-16-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 33).
7. Amendment filed 4-8-87, operative 4-8-87 (Register 87, No. 15).
8. Amendment filed 2-10-89; operative 2-10-89 (Register 89, No. 8).
9. Editorial correction of subsection (b)(3) printing error (Register 89, No. 39). Ed. Note: The amendment filed 2-10-89 increasing a non-refundable license fee from $400 to $800 was inadvertently omitted during the production of Register 89, No. 8.
10. Editorial correction of printing error in subsection (b)(1) (Register 91, No. 31).
11. Amendment of section heading, subsections (a)-(f) and Note, and new subsection (g) filed 4-7-93; operative 4-7-93 (Register 93, No. 15).
12. Amendment of subsection (c)(2) filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
13. Amendment filed 6-10-2003; operative 6-10-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 24). 
14. Amendment of subsections (a), (b)(1), (b)(4) and (d)(2) filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
15. Change without regulatory effect amending subsections (b)(1), (b)(4)(A)-(D), (b)(5) and (c)(3)(A)-(J) and amending Note filed 5-11-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 19).
16. Amendment of subsections (b)(1), (b)(4)-(b)(4)(D) and (c)(3) and repealer of subsections (c)(3)(A)-(K) filed 8-4-2006; operative 8-4-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
Chapter 10. Areas Closed to Hunting
§625. Area Closed: Birds or Mammals.
Note     •     History

For the purpose of facilitating the operation of the Sutter National Wildlife Refuge, it is unlawful to take birds or mammals by hunting on the following described lands: Approximately 127.28 acres owned by the State of California under and adjacent to the east levee of the Sutter Bypass between the hunter check station and parking lot on the north and the National Wildlife Refuge boundary on the south, as posted by signs.
NOTE

Authority cited: Sections 203, 213, 355, 356, 1530 and 4150, Fish and Game Code. Reference: Sections 200, 202-203.1, 206, 211-213, 217, 221, 344, 356, 1525-1530 and 4150, Fish and Game Code.
HISTORY

1. Renumbered from former Section 712 (Register 59, No. 9). For history of former section, see Register 54, No. 13.
2. Renumbering from Chapter 9 filed 3-17-72; effective thirtieth day thereafter (Register 72, No. 12).
3. Repealer and new section filed 6-5-81; effective thirtieth day thereafter (Register 81, No. 23).
4. Editorial correction of NOTE (Register 81, No. 44). 
§626. King Range Special Hunting Closure, Humboldt County.
Note     •     History

NOTE

Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202-203.1, 206 and 220, Fish and Game Code.
HISTORY

1. New section filed 8-18-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 34). For prior history, see Registers 81, No. 44; 81, No. 23; 72, No.32; 72, No. 22; 72, No. 8; and 72, No. 5.
2. Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25). 
Chapter 11. Ecological Reserves
§630. Ecological Reserves.
Note     •     History

The areas specified in this chapter have been declared by the Fish and Game Commission to be ecological reserves. A legal description of the boundaries of each ecological reserve is on file at the department's headquarters, 1416 Ninth Street, Sacramento. Ecological reserves are established to provide protection for rare, threatened or endangered native plants, wildlife, aquatic organism and specialized terrestrial or aquatic habitat types. Public entry and use of ecological reserves shall be compatible with the primary purposes of such reserves, and subject to the following applicable general rules and regulations, except as otherwise provided for in the special area regulations:
(a) General Rules and Regulations:
(1) Protection of Resources. No person shall mine or disturb geological formations or archeological artifacts or take or disturb any bird or 

nest, or eggs thereof, or any plant, mammal, fish, mollusk, crustacean, amphibian, reptile, or any other form of plant or animal life in an ecological reserve except as provided in subsections 630(a)(2) and (a)(8). The department may implement enhancement and protective measures to assure proper utilization and maintenance of ecological reserves.
(2) Fishing. Fishing shall be allowed in accordance with the general fishing regulations of the commission except that the method of taking fish shall be limited to angling from shore. No person shall take fish for commercial purposes in any ecological reserve except by permit from the commission.
(3) Collecting. No collecting shall be done in an ecological reserve except by permit issued pursuant to section 650 of these regulations. Any person applying for a permit must have a valid scientific collecting permit issued pursuant to subdivision 3 of this title.
(4) Motor Vehicles. No person shall drive, operate, leave, or stop any motor vehicle, bicycle, tractor, or other type of vehicle in an ecological reserve except on designated access roads and parking areas.
(5) Swimming. No person shall swim, wade, dive, or use any diving equipment within an ecological reserve except as authorized under the terms of a permit issued pursuant to subsection (a)(3).
(6) Boating. No person shall launch or operate a boat or other floating device within an ecological reserve except by permit from the commission.
(7) Trails. The department may designate areas within an ecological reserve where added protection of plant or animal life is desirable, and may establish equestrian or walking trails or paths within such designated areas. No person shall walk or ride horseback in such areas except upon the established trails or paths.
(8) Firearms. No person shall fire or discharge any firearm, bow and arrow, air or gas gun, spear gun, or any propulsive device capable of firing a projectile, including, but not limited to, any paintball gun, BB gun or pellet gun, or any other weapon of any kind within or into an ecological reserve or possess such weapons within an ecological reserve, except law enforcement personnel and as provided for in individual area regulations that allow for hunting.
(9) Ejection. Employees of the department may eject any person from an ecological reserve for violation of any of these rules or regulations or for any reason when it appears that the general safety or welfare of the ecological reserve or persons thereon is endangered.
(10) Public Entry. Public entry may be restricted on any area at the discretion of the department to protect the wildlife, aquatic life, or habitat. No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, may enter any ecological reserve, or portion thereof, which is closed to public entry. No person may enter any Ecological Reserve between sunset and sunrise except with written permission from the department, which may be granted for purposes including night fishing in accordance with subsection (a)(2) from designated shore areas only.
A $2.00 day use pass or a valid $10.00 annual wildlife pass is required of all users of Elkhorn Slough and Upper Newport Bay ecological reserves except for users that possess a valid California sport fishing license, hunting license or trapping license, or users that are under 16 years of age or users that are part of an organized youth or school group and having free permits issued by the appropriate regional office. Refer to subsections 550(b)(4) and (5), Title 14, CCR, for regulations for fee requirements for wildlife areas.
(11) Introduction of Species. Unless authorized by the commission, the release of any fish or wildlife species, including domestic or domesticated species, or the introduction of any plant species, is prohibited. The department may reintroduce endemic species on ecological reserves for management purposes.
(12) Feeding of Wildlife. The feeding of wildlife is prohibited.
(13) Pesticides. The use of pesticides is prohibited on any ecological reserve unless authorized by the commission with the exception that the department may use pesticides for management purposes and for public safety.
(14) Litter and Dumping. No person shall deposit, drop, dump, or scatter any debris, earth, rock, vegetation, trash, or other materials of any kind on any ecological reserve except in a receptacle or area designated for that purpose. Where no designated receptacles are provided, any refuse resulting from a person's use of an area must be removed from that area by such person.
(15) Grazing. The grazing of livestock is prohibited on any ecological reserve, except that grazing may be allowed for habitat or vegetation management purposes under permit from the department.
(16) Falconry. Falconry is prohibited.
(17) Aircraft. No person shall operate any aircraft or hovercraft within a reserve, except as authorized by a permit from the commission.
(18) Pets. No person shall allow pets to enter any ecological reserve, except as provided in this section. Pets, including dogs and cats, are prohibited from entering reserves unless they are retained on a leash of less than ten feet or are inside a motor vehicle, except as provided for in individual area regulations that allow for hunting or training activities.
(19) Fires. No person shall light fireworks or other explosive or incendiary devices, or start or maintain any fire on or in any reserve, except for management purposes as provided in subsection (a)(1).
(20) Camping. No person shall camp on/in any ecological reserve.
(21) Vandalism. No person shall tamper with, damage or remove any property not his own when such property is located within an ecological reserve.
(22) Regional Manager's Authority: The regional manager shall have the authority to regulate public use of State ecological reserves where such use is not provided for in these regulations.
(b) Areas and Special Regulations for Use:
(1) Agua Hedionda Lagoon Ecological Reserve, San Diego County.
(A) The department, and the County of San Diego, after consultation with the department, may carry out management activities for fish and  wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment.
(B) All fishing is prohibited.
(2) Albany Mudflats Ecological Reserve, Alameda County.
(3) Alkali Sink Ecological Reserve, Fresno County.
(4) Allensworth Ecological Reserve, Tulare County.
(A) Hunting shall be permitted in accordance with general hunting regulations, but only at such times and in specific areas as designated by the department.
(5) Apricum Hill Ecological Reserve, Amador County.
(A) No person, except as provided in subsection (a)(10), shall enter the reserve.
(6) Atascadero Creek Marsh Ecological Reserve, Sonoma County.
(7) Bair Island Ecological Reserve, San Mateo County.
(A) No person, except as provided in subsection (a)(10), shall enter this reserve during the period February 15 through May 20.
(B) Waterfowl shall be taken in accordance with the general waterfowl regulations.
(8) Baldwin Lake Ecological Reserve, San Bernardino County.
(A) All fishing is prohibited.
(B) Waterfowl and upland game hunting shall be allowed in accordance with the general hunting regulations. Waterfowl hunting shall be permitted from boats only, and in accordance with general waterfowl hunting regulations and pursuant to the provisions of Section 551, Title 14, CCR.
(C) Boating is permitted for the purpose of waterfowl hunting only. Boats may be launched and retrieved in designated areas only.
(9) Ballona Wetlands Ecological Reserve, Los Angeles County.
(A) Pedestrian use is allowed on designated trails only, and entrance to the reserve shall be restricted to designated access points.
(B) Bicycle use is allowed only on the designated bike path on the north side of the Ballona Creek flood control channel.
(C) Fishing from shore is allowed only in designated areas along Ballona Creek flood control channel. Fishing from boats is allowed only within the Ballona Creek flood control channel. Only barbless hooks may be used.
(D) Boating shall be allowed only within the Ballona Creek flood control channel.
(E) Existing recreational uses may be allowed under license agreement with Playa Vista Little League in that portion of Area C identified in the license agreement unless it is determined by the department that restoration or other uses in this area are more appropriate.
(F) Existing parking areas under leases to the County of Los Angeles may be allowed unless it is determined by the department that restoration or other uses in those areas are more appropriate.
(G) No person shall allow pets, including dogs and cats, to enter the reserve.
(H) Placing of signage, flagging, or marking is prohibited, except as allowed by written permission from the department.
(I) No person shall operate any remote-control, control-line, or free-flight model rocket, aircraft, or other vehicle which utilizes a combustive fuel motor, electric motor, or rocket motor.
(10) Batiquitos Lagoon Ecological Reserve, San Diego County.
(A) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6) and (12), the department may issue permits to conduct biological research projects within the reserve. Such projects shall be compatible with the primary purpose of the reserve.
(B) San Diego County, after consultation with the department, may carry out management activities necessary for fish and wildlife management, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and associated use of equipment.
(11) Big Table Mountain, Fresno County.
(A) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6), (10), (12) and (20), the department may issue permits to conduct biological research or monitoring compatible with the purposes of the reserve.
(12) Blue Ridge Ecological Reserve, Tulare County.
(A) Hunting and trapping shall be permitted in accordance with the general hunting and trapping regulations, but only at such times and in specific areas as designated by the department. Trapping may only be done under permit from the department.
(13) Blue Sky Ecological Reserve, San Diego County.
(A) Bicycles prohibited.
(14) Bobelaine Ecological Reserve, Sutter County.
(A) No person, except as provided in subsection (a)(10), employees of the National Audubon Society or employees of the Department of Water Resources, in the performance of their official duties or those persons possessing written permission from the area manager, may enter the reserve for any purpose.
(B) All fishing is prohibited.
(C) The area manager may issue permits to conduct biological research projects and may restrict the use of boats, vehicles and other motorized equipment within the reserve. Such projects and use shall be compatible with the primary purposes of the reserve.
(D) The Audubon Society may carry out operation and management activities necessary for fish and wildlife management, flood control, vector control and public access. Authorized operation and maintenance activities shall include, but not be limited to, use of chemicals, vegetation control, water control and associated use of equipment.
(15) Boden Canyon Ecological Reserve, San Diego County.
(A) Upland game hunting shall be permitted in accordance with the general hunting regulations, but only at such times and in specific areas as designated by the department.
(16) Boggs Lake Ecological Reserve, Lake County.
(17) Bolsa Chica Ecological Reserve, Orange County.
(A) No person, except as provided in subsection (a)(10), or employees of Signal Corporation and its invitees, for the purposes of carrying out oil and gas operations, shall enter this reserve and remain therein except on established trails, paths or other designated areas.
(B) Fishing shall be permitted at designated areas around outer Bolsa Bay only.
(C) Horses are prohibited from entering the reserve.
(D) Pets are prohibited from entering the reserve except when they remain inside a motor vehicle.
(E) No person shall enter this reserve between 8:00 p.m. and 6:00 a.m.
(F) Motor vehicles are prohibited between 8:00 p.m. and 6:00 a.m.
(G) Vehicle parking is for reserve visitors' use only.
(H) The County of Orange, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment.
(18) Bonny Doon Ecological Reserve, Santa Cruz County.
(19) Boulder Creek/Rutherford Ranch Ecological Reserve, San Diego County.
(20) Buena Vista Creek Ecological Reserve, San Diego County.
(21) Buena Vista Lagoon Ecological Reserve, San Diego County.
(A) The County of San Diego, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment.
(B) Fishing is allowed at designated fishing areas only.
(22) Burton Mesa Ecological Reserve, Santa Barbara County
(A) Motor vehicles use is prohibited, except by department personnel or department authorized contractors for management or research, or by law enforcement/public safety officers in response to public safety or health hazards.
(B) Horses and bicycles are prohibited.
(23) Butler Slough Ecological Reserve, Tehama County.
(A) The department may carry out management activities necessary for habitat preservation and management. Authorized operations and maintenance activities shall include, but not be limited to, controlled burning, and chemical and mechanical treatment with the use of associated equipment.
(24) Butte Creek Canyon Ecological Reserve, Butte County.
(A) Motor vehicle use in the Reserve is prohibited except by department personnel, law enforcement officers or firefighters in response to public safety or health hazards.
(B) Horses are prohibited.
(C) Fishing by boat or other flotation device within the Reserve and in the main channel of Butte Creek is permitted only from February 1 through April 30. Only hand-carried boats or flotation devices may be launched and operated.
(D) The use, application or deposition in any form of toxic substances is prohibited unless authorized by the commission.
(25) Butte Creek House Ecological Reserve, Butte County.
(A) Motor vehicle use is prohibited except by department personnel, law enforcement officers, or firefighters in response to public safety or health hazards.
(B) The use, application or deposition in any form of toxic substances is prohibited unless authorized by the commission.
(26) Buttonwillow Ecological Reserve, Kern County.
(A) Hunting may be permitted in accordance with general hunting regulations, but only at such times and in specific areas as designated by the department.
(27) By-Day Creek Ecological Reserve, Mono County.
(A) All fishing is prohibited.
(B) Hunting shall be permitted in accordance with general hunting regulations.
(28) Calhoun Cut Ecological Reserve, Solano County.
(A) No person, except as provided below and in subsection (a)(10), shall enter this reserve.
(B) Hunting for waterfowl is allowed only from a boat on waters of the main channel of Calhoun Cut and its tributaries, accessible only from Lindsey Slough and subject to the general hunting regulations and the provisions of subsection (a)(10), related to the protection of wildlife, aquatic life and habitat.
(C) Fishing is allowed only from a boat on waters of the main channel of Calhoun Cut and its tributaries, accessible only from Lindsey Slough and subject to the general sport fishing regulations and the provisions of subsection (a)(10), related to the protection of wildlife, aquatic life and habitat.
(29) Canada de los Osos Ecological Reserve, Santa Clara County. 
(A) No person, may enter the reserve except with written permission from the department, or unless part of an organized group that has received written permission. 
(B) Fishing may be allowed only with written permission from the department. Fishing may be permitted from boats, as well as from shore; only lightweight hand-carried boats or floatation devices may be launched and operated. No gasoline-powered boats shall be permitted. 
(C) Swimming, diving and wading may be allowed in designated areas with permission from the department. 
(D) Hunting may be allowed, but only in participation with department sponsored hunts at such times, areas, and species as designated by the department. 
(E) Target and skeet shooting, other discharge of firearms, and use of bow and arrow may be allowed, but only at such times and in specific areas as designated by the department. 
(F) Except as otherwise permitted by the department, all public access trails are open to foot access only. 
(G) Notwithstanding the provisions of subsections (a)(1), (2), (3), (5), (6), (8), (12) and (17), the department may issue permits to conduct biological research within the reserve, and may allow collection of plants and animals for educational purposes. Such activities must be compatible with the primary purpose of the reserve. 
(H) Camping and campfires may be allowed in specified areas with written permission from the department. 
(I) The department may restrict any activities on the reserve to persons under 16 and adults supervising those persons. 
(J) Dogs may be allowed in the reserve with written permission from the department. 
(30) Canebrake Ecological Reserve, Kern County.
(A) Firearms, archery equipment, and hunting dogs, either on leash or in a vehicle, may be possessed only by licensed hunters only at such times and in specific areas as designated by the department.
(B) Fishing may be allowed only in those specific areas designated by the department.
(C) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6), and (12), the department may issue permits to conduct biological or archaeological research. Such research shall be compatible with the primary purpose of the reserve.
(D) Notwithstanding the provisions of subsection (a)(18), only those animals assisting visually impaired or disabled persons are permitted.
(E) Notwithstanding the provisions of subsection (a)(7), equestrian use may be allowed, but only in specific areas designated by the department.
(31) Carlsbad Highlands Ecological Reserve, San Diego County.
(32) Carrizo Canyon Ecological Reserve, Riverside County.
(A) No person, except as provided in subsection (a)(10), and employees of the Bureau of Land Management in the performance of their official duties shall enter this reserve during the period January 1 to September 30.
(B) The County of Riverside may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment.
(C) Pets are prohibited from entering the reserve except when they remain inside a motor vehicle.
(33) Carrizo Plains Ecological Reserve, San Luis Obispo County, including the American, Panorama, Elkhorn Plain, North Chimineas, and South Chimineas Units.
(A) Hunting shall be allowed in accordance with the general hunting regulations and only at such times and in such places as designated by the department. Hunting of coyotes and ground squirrels is prohibited on the North and South Chimineas Units.
(B) Target shooting is permitted in designated areas.
(C) Notwithstanding the provisions on subsections (a)(1), (3), (5), (6), (10), (12) and (20), the department may issue permits to conduct biological research or monitoring compatible with the purposes of the reserve.
(D) All persons accessing the South Chimineas Unit shall be in possession of an access permit issued by the department. Upon leaving the property, the completed permits shall be provided to the department.
(34) China Point Ecological Reserve, Siskiyou County.
(A) No person, except as provided in subsection (a)(10) and employees of the U.S. Forest Service in the performance of their official duties, shall enter this reserve during the period February 15 through July 31.
(B) Fishing shall be permitted from boats as well as from shore; boats may be launched and operated in the Klamath River.
(C) Hunting shall be allowed in accordance with the general hunting regulations and subject to subsection (34)(A) above.
(35) Chorro Creek Ecological Reserve, San Luis Obispo County. 
(A) Except as otherwise designated by the department, all public access trails are open to foot access only. 
(B) Notwithstanding the provisions of subsections (a)(1), (2), (3), (5), (6), (8), (12) and (17), the department may issue permits to conduct biological research within the reserve, and may allow collection of plants and animals for educational purposes. Such activities must be compatible with the primary purpose of the reserve. 
(36) Clover Creek Ecological Reserve, Shasta County.
(A) The department may carry out management activities necessary for habitat preservation and management. Authorized operations and maintenance activities shall include, but not be limited to, controlled burning, and chemical and mechanical treatment with the use of associated equipment.
(37) Coachella Valley Ecological Reserve, Riverside County.
(A) The Bureau of Land Management, the Fish and Wildlife Service and The Nature Conservancy may carry out management activities necessary for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but not be limited to, use of chemicals, vegetation control, water control and associated use of equipment.
(38) Coal Canyon Ecological Reserve, Orange County.
(A) Hunting shall be permitted in accordance with the general hunting regulations, but only at such times and in specific areas as designated by the department.
(B) Method of take restrictions: Shotguns and archery equipment only.
(C) Horses and bicycles are allowed on designated trails only, excluding dates within 72 hours of any weather event that produces 1/4 inch of precipitation in any 24 hour time period, or any such event that produces 1/2 inch of precipitation with in any 72 hour time period.
(39) Coldwater Canyon Ecological Reserve, Ventura County.
(A) The existing travel corridor through the area is open to foot traffic only. All other areas are closed to public entry.
(40) Corral Hollow Ecological Reserve, San Joaquin County.
(A) No person, except as provided in subsection (a)(10), shall enter the reserve.
(41) Corte Madera Marsh Ecological Reserve, Marin County.
(A) Boating is permitted, except only lightweight hand-carried boats may be launched within the reserve.
(42) Cosumnes River Ecological Reserve, Sacramento County. 
(A) Walking is allowed only on established trails, paths or other designated areas. 
(B) Horses, except by written permission of the department for grazing management, are prohibited. 
(C) Boating is permitted subject to the limitation that only lightweight, hand carried, non-gasoline powered floating devices may be launched and operated from designated launching sites. The department or its designee may further restrict the use and operation of boats to protect resources or provide for the orderly operation of recreational programs. Boating restrictions may include, but are not limited to, seasonal closures. 
(D) Fishing is allowed only from a boat on the waters of the main channel of the Cosumnes River and sloughs accessible from the Mokelumne River in accordance with the general fishing regulations and the provisions of subsection (a)(10), related to the protection of wildlife, aquatic life and habitat. 
(E) Hunting may be permitted in accordance with general hunting regulations, but only at such times and in specific locations as designated by the department. 
(F) Picnicking shall occur only at such times and in those areas designated by the department. 
(G) Pets are prohibited from entering the reserve, except when they remain inside a motor vehicle. 
(H) The department, the State Lands Commission, the Bureau of Land Management, The Nature Conservancy, Ducks Unlimited, Inc. and the County of Sacramento may carry out management activities necessary for fish and wildlife management, flood control, vector control and public access. Authorized operation and maintenance activities shall include, but not be limited to, use of chemicals, vegetation control, animal control, water control and associated use of equipment. 
(I) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6) and (12), the department may issue permits to conduct biological or archaeological research. Such research shall be compatible with the primary purpose of the reserve. 
(J) Notwithstanding the provisions of subsections (a)(4) and (11), farming may be allowed under permit from the department for management purposes when such farming is compatible with the primary purpose of the reserve. 
(43) Crestridge Ecological Reserve, San Diego County.
(A) Non-motorized mountain biking may be allowed on designated roads during designated seasons as determined by the department. Closures may be implemented at the discretion of the department.
(44) Dales Lake Ecological Reserve, Tehama County.
(A) Waterfowl hunting shall be permitted in accordance with the general waterfowl regulations per Section 502, Title 14, CCR.
(B) The department may carry out management activities necessary for habitat preservation and management. Authorized operations and maintenance activities shall include, but not be limited to, controlled burning, and chemical and mechanical treatment with the use of associated equipment.
(45) Del Mar Mesa/Lopez Ridge Ecological Reserve, San Diego County.
(46) Del Monte Dunes Ecological Reserve, Monterey County.
(47) Eden Landing Ecological Reserve, Alameda County.
(A) No person shall enter this reserve except on designated trails without written permission or by posted notice of the regional manager. 
(B) No person shall walk, ride horses or bicycles, except on designated trails. 
(C) Dogs are restricted to designated trails and designated hunting areas during the waterfowl season. In designated hunting areas, dogs may be off leash only for hunting during waterfowl season and must be under voice control at all times. 
(D) Waterfowl hunting shall be permitted, but only at such times and in specific areas as designated by the department. Waterfowl shall be taken in accordance with the general waterfowl regulations. 
(E) Fishing shall be permitted from boats and from shore, but only at such times and in specific areas as designated by the department. 
(F) Notwithstanding the provisions of section (a)(2), commercial bait fishing for brine shrimp may occur only at such times and in specific areas as designated by the department. 
(G) Notwithstanding the provisions of subsections (a)(1), (2), (3), (5), (6), (8), (10), (12) and (20), the department may issue permits to conduct biological research or monitoring compatible with the primary purposes of the reserve. 
(48) Elkhorn Slough Ecological Reserve (National Estuarine Research Reserve), Monterey County.
(A) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6) and (12), the department may issue permits to conduct biological research projects within the reserve. Such projects shall be compatible with the primary purposes of the reserve.
(B) Fishing shall be conducted from only those specific areas of the reserve designated by the department.
(C) Hunting shall be permitted in accordance with general hunting regulations, but only at such times and in specific areas as designated by the department.
(D) The department may restrict the use of horses by grazing permittees.
(E) All designated public access trails are opened to foot access only.
(F) The causing of excessive noise especially that amplified electronically is prohibited.
(G) Picnicking shall be conducted in only those areas designated by the department.
(49) Estelle Mountain Ecological Reserve, Riverside County.
(A) Upland game hunting shall be permitted in accordance with the general hunting regulations.
(50) Fagan Marsh Ecological Reserve, Napa County.
(A) Fishing shall be permitted from boats, as well as from shore; only lightweight hand-carried boats may be launched and operated.
(B) Swimming and diving are permitted.
(51) Fall River Mills Ecological Reserve, Shasta County.
(52) Fish Slough Ecological Reserve, Inyo and Mono counties.
(A) Fishing is prohibited within the 20-acre fenced and posted plot of land encompassing two spring areas and an artificial impoundment of 5.6 acres located in the northwest corner of that area known as “Fish Slough,” northern Inyo and southern Mono counties.
(B) Hunting shall be allowed in accordance with the general hunting regulations.
(53) Fremont Valley Ecological Reserve, Kern County.
(54) Goleta Slough Ecological Reserve, Santa Barbara County.
(A) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6) and (12), the department may issue permits to conduct biological research projects within the reserve. Such projects shall be compatible with the primary purposes of the reserve.
(B) No person, except as provided in subsection (a)(10) or designated employees of Santa Barbara Airport, City of Santa Barbara and Goleta Valley Mosquito Abatement District for the purposes of carrying out official duties shall enter this reserve and remain therein except on established trails, paths or other designated areas.
(C) No fishing shall be allowed except at designated areas.
(D) Horses are prohibited.
(E) The department, City of Santa Barbara and the Goleta Valley Mosquito Abatement District may carry out management activities necessary for fish and wildlife management and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control, minor ditching for mosquito abatement when approved by department and use of associated equipment.
(55) Harrison Grade Ecological Reserve, Sonoma County.
(56) Headwaters Forest Ecological Reserve, Humboldt County. 
(A) Horses are prohibited from entering the reserve. 
(B) Bicycles are allowed only on the northern 3.5-mile designated corridor. 
(C) Dogs on leash are allowed only on the northern 3.5-mile designated corridor. 
(D) Camping may be authorized with written permission from the department or the Bureau of Land Management for research and monitoring. 
(E) Swimming may be authorized with written permission from the department or the Bureau of Land Management for research and monitoring. 
(F) Aircraft operations and motorized vehicle use may be authorized with written permission from the department or the Bureau of Land Management for emergency operations, monitoring, research and other management activities. 
(G) The Bureau of Land Management may carry out operation and maintenance activities necessary for fish and wildlife management and public access. Authorized operation and maintenance activities shall include, but not be limited to use of chemicals, vegetation control, forestry management, controlled burning and use of associated equipment. 
(57) Hidden Palms Ecological Reserve, Riverside County.
(A) No person, except as provided in subsection (a)(10), shall enter this reserve.
(58) Indian Joe Springs Ecological Reserve, Inyo County.
(A) Upland game hunting shall be permitted in accordance with the general hunting regulations.
(59) Joshua Creek Canyon Ecological Reserve, Monterey County.
(60) Kaweah Ecological Reserve, Tulare County.
(A) Hunting shall be allowed in accordance with the general hunting regulations, but only at such times and in specific areas as designated by the department.
(61) Kerman Ecological Reserve, Fresno County.
(A) Hunting shall be permitted in accordance with general hunting regulations from July 1 through January 31. Only licensed hunters will be permitted to possess firearms. Shotguns only, discharging not larger than number 2 lead or size T steel shot, will be allowed on the area. Possession of firearms for other than law enforcement purposes will not be permitted on the area, except as provided herein.
(B) No plinking, firearms practice, or target shooting is allowed within the area.
(62) King Clone Ecological Reserve, San Bernardino County.
(63) Laguna Laurel Ecological Reserve, Orange County.
(64) Lake Hodges Ecological Reserve, San Diego County.
(65) Lake Mathews Ecological Reserve, Riverside County.
(A) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6) and (12), the department may issue permits to conduct biological research projects within the reserve. Such projects shall be compatible with the primary purposes of the reserve.
(B) No person except as provided in subsection (a)(10) and employees and consultants of Metropolitan Water District and member public agencies of the District, in the performance of customary reservoir maintenance activities or other official duties, may enter or utilize boats, aircraft or motor vehicles within this reserve.
(C) All fishing is prohibited.
(D) Collections may be made by the department for the purposes of fish and wildlife management, or by Metropolitan Water District for the purpose of water quality testing.
(E) The department and Metropolitan Water District may carry out management activities necessary to ensure water quality and the proper operation and maintenance of Lake Mathews as a water supply facility and natural area. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control, rodent control and use of associated equipment.
(66) Leek Springs Ecological Reserve, El Dorado County.
(A) No person, except as provided in subsection (a)(10), shall enter this reserve without written permission from the regional manager.
(B) All fishing is prohibited.
(C) Pets are prohibited from entering the reserve.
(D) Vehicles are prohibited, except for use by adjacent landowners and their invitees, United States Forest Service personnel, fire personnel or other authorized persons who may only use the road easement which bisects the property.
(E) Horses and bicycles are prohibited.
(67) Limestone Salamander Ecological Reserve, Mariposa County.
(A) No person, except as provided in subsection (a)(10), shall enter this reserve.
(68) Little Butte Ecological Reserve, Mendocino County.
(69) Little Red Mountain Ecological Reserve, Mendocino County.
(70) Loch Lomond Vernal Pool Ecological Reserve, Lake County.
(71) Lokern Ecological Reserve, Kern County.
(A) Hunting may be permitted in accordance with general hunting regulations only at such times and in specific areas as designated by the department.
(72) Macklin Creek Ecological Reserve, Nevada County.
(A) No person, except as provided in subsection (a)(10), shall enter this reserve without written permission from the regional manager.
(B) All fishing in prohibited.
(73) Magnesia Spring Ecological Reserve, Riverside County.
(A) No person, except as provided in subsection (a)(10), and employees of the City of Rancho Mirage or the City of Palm Desert in the performance of their official duties shall enter this reserve during the period January 1 to September 30 except on designated trail.
(B) The County of Riverside may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment.
(C) Pets are prohibited from entering the reserve except when they remain inside a motor vehicle.
(D) Year round access will only be permitted on the portion of the Mirage Trail from Painter's Path in the City of Palm Desert to the junction with the Hopalong Cassidy Trail located in the eastern half of Section 24 and continuing off the Reserve to Cahuilla Hills Park, City of Palm Desert. The Hopalong Cassidy trail then enters the reserve again at Section 35 and follows contours around the eastern side of the section before leaving the reserve and continuing on to City of Palm Desert owned parcels.
(E) Bicycles are only allowed on the portions of trail described in (D).
(74) Marin Islands Ecological Reserve, Marin County.
(75) Mattole River Ecological Reserve, Mendocino County.
(76) McGinty Mountain Ecological Reserve, San Diego County.
(77) Meadowbrook Ecological Reserve, San Diego County.
(78) Moro Cojo Ecological Reserve, Monterey County.
(79) Morro Dunes Ecological Reserve, including the Bayview Unit, San Luis Obispo County.
(80) Morro Rock Ecological Reserve, San Luis Obispo County.
(A) No person shall enter into or upon this reserve for any purpose except as follows:
1. For the purpose of fishing and sightseeing, persons may enter upon that portion of Morro Rock between the low tide mark and a point ten (10) feet in elevation above the mean high tide mark.
2. Those persons provided for in subsection (a)(10), and employees of the Department of Parks and Recreation may enter the reserve in the performance of their official duties.
(81) Napa River Ecological Reserve, Napa County.
(A) No person, except as provided in subsection (a)(10), shall enter this reserve between sunset and sunrise.
(B) Swimming is permitted.
(C) The possession and/or consumption of alcoholic beverages is prohibited.
(82) North Table Mountain Ecological Reserve, Butte County. 
(A) Horses and bicycles are prohibited from entering the reserve. 
(B) Hunting is permitted for deer and upland game in accordance with the general hunting regulations through November 15. Hunting is prohibited after November 15 and through the spring turkey season. 
(83) Oasis Springs Ecological Reserve, Riverside County.
(A) All fishing is prohibited.
(B) Hunting shall be permitted in accordance with general hunting regulations.
(84) Offshore Rocks and Pinnacles, coastal counties.
(85) Otay Mountain Ecological Reserve, San Diego County.
(A) Hunting shall be allowed in accordance with the general hunting regulations and the Bureau of Land Management's Wilderness Area Restrictions.
(86) Owl Creek Ecological Reserve, Humboldt County.
(87) Palo Verde Ecological Reserve, Riverside County.
(A) Notwithstanding subsections (a)(4) and (11), farming may be allowed under permit from the department for management purposes when such farming is compatible with the primary purpose of the reserve.
(B) Hunting for rabbits, doves, quail and waterfowl shall be allowed in accordance with general hunting regulations and only at such times and in such places as designated by the department.
(C) Except as otherwise designated by the department, all public access to properties on the lowest flood plain and any new or established restoration sites shall be by foot.
(D) The department and cooperating agencies may carry out management activities necessary for habitat restoration, preservation and management. Authorized operations and maintenance activities shall include, but not be limited to, controlled burning, and chemical and mechanical treatment and use of associated equipment.
(E) Notwithstanding the provisions of subsections (a)(1), (2), (3), (5), (6), (8), (12) and (17) The department may issue permits to conduct biological and archeological research within the reserve, and may allow collection of plants and animals for educational purposes. Such activities must be compatible with the primary purpose of the reserve.
(F) Horseback riding is prohibited.
(88) Panoche Hills Ecological Reserve, Fresno County.
(A) Hunting shall be permitted in accordance with general hunting regulations from July 1 through January 31. Only licensed hunters will be permitted to possess firearms.
(B) No plinking, firearms practice, or target shooting is allowed within the area.
(89) Peninsular Ranges Ecological Reserve, Riverside County.
(A) Upland game hunting shall be permitted in accordance with the general hunting regulations.
(90) Peytonia Slough Ecological Reserve, Solano County.
(A) Fishing shall be permitted from boats as well as from shore.
(B) Swimming, wading and diving shall be permitted within the reserve.
(C) Boats may be operated within the reserve; however, only lightweight, hand-carried boats may be launched within the reserve.
(91) Phoenix Field Ecological Reserve, Sacramento County.
(A) No person, except as provided in subsection (a)(10), shall enter this reserve.
(92) Pilgrim Creek Ecological Reserve, San Diego County.
(93) Pine Hill Ecological Reserve, El Dorado County including the Salmon Falls Unit.
(A) No person, except as provided in subsection (a)(10), shall enter this reserve.
(B) No horses are permitted within the boundaries of the reserve.
(94) Piute Creek Ecological Reserve, San Bernardino County.
(A) Hunting shall be allowed in accordance with the general hunting regulations.
(95) Plaisted Creek Ecological Reserve, San Diego County.
(96) Pleasant Valley Ecological Reserve, Fresno County.
(A) Hunting may be permitted in accordance with the general hunting regulations, but only at such times and in specific areas as designated by the department.
(97) Quail Hollow Ecological Reserve, Santa Cruz County.
(98) Quail Ridge Ecological Reserve, Napa County.
(A) No person, except as provided in subsection (a)(10) shall enter this reserve without permission from the department.
(B) Hunting will be permitted only as specially authorized hunts determined by the department.
(99) Rancho Jamul Ecological Reserve, including the Headquarters Unit, San Diego County.
(A) Controlled retriever training may be permitted within a designated area. This area shall be clearly posted.
(B) Hunting shall be allowed in accordance with the general hunting regulations, but only at such times and in specific areas as designated by the department.
(C) Within the 50.51 acre Headquarters Unit, the department may develop facilities and conduct activities consistent with training programs, meeting and storage needs, fire suppression and control, and educational programs under guidelines established by the regional manager.
(D) Uses associated with occupied state housing shall be allowed within the 50.51 acre Headquarters Unit.
(100) Redwood Shores Ecological Reserve, San Mateo County.
(A) Fishing shall be permitted from boats as well as from shore; only lightweight, hand-carried boats may be launched and operated.
(B) Swimming, wading and diving shall be allowed within the ecological reserve.
(C) Bicycles are allowed along levee-top road system.
(101) River Springs Lakes Ecological Reserve, Mono County.
(A) Hunting shall be permitted in accordance with the general hunting regulations.
(102) Saline Valley Ecological Reserve, Inyo County.
(A) Hunting shall be allowed in accordance with the general hunting regulations.
(103) San Bruno Mountain Ecological Reserve, San Mateo County.
(104) San Diego River Ecological Reserve, San Diego County.
(105) San Dieguito Lagoon Ecological Reserve, San Diego County.
(A) Fishing shall be permitted from shore and from the Grand Avenue bridge.
(B) No person, except as provided in subsection 630(a)(10), shall be permitted on the California least tern nesting island.
(C) No person, except as provided in subsection 630(a)(10), shall enter this reserve between 8:00 p.m. and 5:00 a.m.
(D) The County of San Diego, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment.
(E) Collections of fish, wildlife, water and soil may be made by the department for the purposes of fish and wildlife management or by San Diego County for the purposes of water quality testing and vector control.
(106) San Elijo Lagoon Ecological Reserve, San Diego County.
(A) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6) and (12), the department may issue permits to conduct biological research projects within the reserve. Such projects shall be compatible with the primary purposes of the reserve.
(B) San Diego County, after consultation with the department, may carry out management activities for fish and wildlife management, flood control, vector control and regional park recreational activities. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control, minor ditching and use of associated equipment.
(C) Collections may be made by the department for purposes of fish and wildlife management or by San Diego County for the purpose of water quality testing and vector control.
(107) San Felipe Creek Ecological Reserve, Imperial County.
(A)  Hunting shall be permitted in accordance with the general hunting regulations.
(108) San Joaquin River Ecological Reserve, Fresno and Madera Counts.
(A) No person shall enter into any unit of this reserve except as provided in subsection (a)(10), or as provided by written permission or by posted notice of the regional manager who will designate appropriate times and/or areas open to public use.
(B) The department may carry out or cause to be carried out management activities for fish and wildlife, flood control, and vector control. Authorized operation and maintenance activities shall include, but not be limited to, use of chemicals, vegetation control, water control and use of associated equipment.
(C) Boating is permitted, subject to the limitations of subsection (A) above. Except in the execution of law enforcement, emergency services, or official duties of department employees or contractors, only lightweight, hand carried, non-gasoline powered floating devices may be launched and operated from designated launching sites. The Regional Manager or his designee may further restrict the use and operation of boats to protect the resource or provide for the orderly operation of recreational programs maintained on the area. Boating restrictions may include, but are not limited to, seasonal closures.
(D) Angling shall be permitted from boats as well as from shore, subject to the limitations in subsections (A) and (C), above.
(E) Subsection (a)(20) notwithstanding, late night or over-night use for camping and other purposes may be allowed subject to limitations in subsection (A) above.
(F) Subsection (a)(11) notwithstanding, the department may, for management purposes, introduce or cause to be introduced nonendemic fish species which are naturalized in the San Joaquin River system, primarily to establish and maintain urban sport-fishing opportunities.
(G) Subsection (a)(17) shall not be construed to prohibit aircraft from operating within a normal flight pattern when taking off from or landing at the Sierra Skypark airport located approximately one-quarter mile south of the reserve.
(109) San Luis Rey River Ecological Reserve, San Diego County.
(110) Santa Cruz Long-toed Salamander Ecological Reserve, Santa Cruz County.
(A) No person shall enter the reserve for any purpose except as follows:
1. Those persons provided for in subsection (a)(10), and employees of the departments of Parks and Recreation and Transportation in the performance of their official duties.
(111) Santa Rosa Plain Vernal Pool Ecological Reserve, Sonoma County, including the Hall Road, Todd Road, Wikiup and Yuba Drive Units.
(A) No person, except as provided in subsection (a)(10), shall enter this reserve without written permission of the department. Public use of a trail to be constructed on the Hall Road Unit will be allowed under conditions established by the regional manager.
(B) Ecological research and environment education may be conducted with written permission of the department.
(112) Santa Rosa Plateau Ecological Reserve, Riverside County.
(A) Notwithstanding the provisions of subsection (a)(18), only those animals assisting visually impaired or disabled persons are permitted.
(B) Smoking is prohibited except inside a motor vehicle.
(113) Semitropic Ecological Reserve, Kern County.
(A) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6), (10), (12) and (20), the department may issue permits to conduct biological research or monitoring compatible with the purposes of the reserve.
(114) Sky Valley Ecological Reserve, Riverside County.
(A) Upland game hunting shall be permitted in accordance with the general hunting regulations.
(115) Springville Ecological Reserve, Tulare County.
(A) No person, except as provided in subsection (a)(10), shall enter between sunset and sunrise.
(116) Stone Corral Ecological Reserve, Tulare County.
(A) Hunting may be permitted in accordance with general hunting regulations only at such times and in specific areas as designated by the department.
(117) Stone Ridge Ecological Reserve, Butte County.
(A) No person shall enter into or upon this reserve for any purpose except with prior written permission of the department for purposes of interpretive or wetland education field studies, or department approved biological research.
(118) Sycamore Canyon Ecological Reserve, Riverside County.
(119) Sycuan Peak Ecological Reserve, San Diego County.
(120) Table Bluff Ecological Reserve, Humboldt County.
(A) The department may carry out management activities for the preservation and expansion of the endangered western lily (Lilium occidentale). Authorized management activities may include, but not be limited to, controlled burning, chemical treatment and mechanical treatment.
(B) Except as provided in subsection (a)(10) no persons shall enter the fenced western lily area.
(121) Theiller Sebastopol Meadowfoam Ecological Reserve, Sonoma County.
(122) Thomes Creek Ecological Reserve, Tehama County.
(A) The department may carry out management activities necessary for habitat preservation and management. Authorized operations and maintenance activities shall include, but not be limited to, controlled burning, and chemical and mechanical treatment with the use of associated equipment.
(123) Tomales Bay Ecological Reserve, Marin County.
(A) Waterfowl may be taken in accordance with the general waterfowl regulations.
(B) Fishing shall be permitted from boats as well as from shore; only lightweight, hand-carried boats may be launched and operated.
(C) Swimming, wading, and diving shall be allowed within the reserve.
(D) The land area only of the reserve shall be closed to all entry from March 1 through June 30.
(124) Upper Newport Bay Ecological Reserve, Orange County.
(A) Fishing shall be permitted from boats. Fishing is also permitted from shore in designated areas. Clamming or wading is not permitted.
(B) Swimming is permitted only in that area bayward from North Star Beach to mid-channel.
(C) Boating is limited to non-motorized craft, with the exception of law enforcement, emergency, and department vessels and authorized operators under permit from the regional manager. Boating shall occur in designated areas only and is limited to five miles per hour.
(D) No person shall walk, or ride horseback except on established trails, paths, or other designated areas.
(E) The County of Orange may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment.
(125) Walker Canyon Ecological Reserve, San Diego County.
(A) Hunting shall be allowed in accordance with the general hunting regulations.
(126) Watsonville Slough Ecological Reserve, Santa Cruz County.
(127) West Mojave Desert Ecological Reserve, San Bernardino County.
(A) Hunting shall be permitted in accordance with the general hunting regulations from July 1 to January 31. Only licensed hunters shall be permitted to possess firearms.
(B) No plinking, firearms practice or target shooting is allowed within the ecological reserve.
(128) Woodbridge Ecological Reserve, San Joaquin County.
(A) No person, except as provided in subsection (a)(10), shall enter this reserve.
(129) Yaudanchi Ecological Reserve, Tulare County.
(A) No person, except as provided in subsection (a)(10), shall enter this reserve between sunset and sunrise.
(B) No person shall walk except on established trails, paths, or other designated areas.
(C) Horses, except by written permission of the department for the purpose of grazing, are prohibited.
(130) Yorkville Ecological Reserve, Mendocino County.
NOTE

Authority cited: Sections 1580, 1581, 1583 and 1907, Fish and Game Code. Reference: Sections 1526, 1528, 1530 and 1580-1585, Fish and Game Code.
HISTORY

1. New subsection (b)(50) filed 3-11-86: effective thirtieth day thereafter (Register 86, No. 11). For prior history, see Register 85, No. 38.
2. Amendment of subsections (b)(1), (b)(4) and new subsections (b)(51)-(59) filed 9-10-86; effective thirtieth day thereafter (Register 86, No. 37).
3. Amendment filed 7-28-88; operative 8-27-88 (Register 88, No. 32).
4. Amendment of subsection (a)(10) filed 3-27-89; operative 3-27-89 (Register 89, No. 13).
5. Amendment of subsections (b)(52) and (b)(60) and new subsections (b)(68), (b)(69) and (b)(70) filed 2-13-91; operative 3-15-91 (Register 91, No. 12).
6. Amendment of subsection (a) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
7. New subsection (b)(71) filed 10-24-91; operative 11-25-91 (Register 92, No. 5).
8. Amendment of subsections (b)(23) and (b)(56) filed 1-9-92; operative 2-10-92 (Register 92, No. 12).
9. New subsections (b)(72) through (b)(84)(D) and amendment of Note filed 6-24-93; operative 7-26-93 (Register 93, No. 26).
10. New subsections (b)(51)(B) and (b)(85)-(87) filed 9-23-93; operative 10-25-93 (Register 93, No. 39).
11. New subsections (b)(20)(C)-(D) filed 2-2-94; operative 3-4-94 (Register 94, No. 5).
12. New subsections (b)(75)(B)-(D) and (b)(88)-(97) filed 2-2-95; operative 3-6-95 (Register 95, No. 5).
13. Amendment of subsection (b)(28)(A) filed 10-19-95; operative 11-18-95 (Register 95, No. 42).
14. Amendment of subsections (b)(34)-(b)(34)(A), repealer of subsections (b)(83)-(b)(83)(A), subsection renumbering, amendment of newly designated subsection (b)(93) and new subsections (b)(97)-(b)(99)(F) filed 12-11-95; operative 1-10-96 (Register 95, No. 50).
15. Amendment of subsection (b)(40), repealer and new subsection (b)(54), repealer of subsection (b)(54)(A), amendment of subsection (b)(75), new subsections (b)(87)(B)-(C) and (b)(100)-(109), and amendment of Note filed 1-25-99; operative 1-25-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 5).
16. Amendment filed 9-1-2000; operative 9-1-2000 pursuant to Fish and Game Code section 215 (Register 2000, No. 35).
17. New subsections (b)(2)-(b)(2)(B), (b)(13)(A), (b)(29)(C), (b)(64)-(b)(64)(E), (b)(71)(C) and (b)(93)(C)-(D), repealer of former subsection (b)(104) (B), subsection renumbering, amendment of newly designated subsections (b)(30), (b)(30)(D), (b)(70)(A)-(B), (b)(76), (b)(93) and (b)(115)(A) and (C) filed 1-7-2003; operative 1-7-2003 pursuant to Fish and Game Code section 215 (Register 2003, No. 2). 
18. Repealer of subsections (b)(6)-(b)(6)(G) and (b)(103)-(b)(104)(E), subsection renumbering, amendment of newly designated subsection (b)(30)(C) and amendment of Note filed 3-10-2003; operative 4-9-2003 (Register 2003, No. 11).
19. Amendment of subsection (b)(18)(B), new subsections (b)(25)-(b)(25)(K), (b)(32)-(b)(32)(C), (b)(39)-(b)(39)(K), (b)(45)-(b)(45)(G), (b)(56)-(b)(56)(G) and (b)(82)-(b)(82)(C), subsection renumbering and amendment of newly designated subsection (b)(30) filed 2-9-2004; operative 3-10-2004 (Register 2004, No. 7).
20. New subsections (b)(18), (b)(20)-(b)(20)(B), (b)(46), (b)(68), (b)(81), (b)(90), (b)(93), (b)(109), (b)(114) and (b)(116)-(b)(116)(C), repealer of subsection (b)(64), subsection renumbering and amendment of newly designated subsections (b)(19)(A), (b)(59)(D)-(F) and (b)(113) filed 11-10-2004; operative 11-10-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 46).
21. Amendment filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
22. New subsections (b)(9)-(b)(9)(F) and subsection renumbering filed 4-10-2006; operative 5-10-2006 (Register 2006, No. 15).
23. Amendment of section and Note filed 3-26-2008; operative 4-25-2008 (Register 2008, No. 13).
§630.5. Marine Resources Protection Act Ecological Reserves. [Repealed]
Note     •     History

NOTE

Authority cited: Section 14 of Article XB of the California Constitution; and Sections 1580, 1581, 1582, 1583, 1584, 1585, 8610.9 and 8610.14, Fish and Game Code. Reference: Section 14 of Article XB of the California Constitution;  and Sections 1580, 1581, 1582, 1583, 1584, 1585, 8610.9 and 8610.14, Fish and Game Code.
HISTORY

1. New section filed 12-31-93; operative 1-31-94 (Register 93, No. 53).
2. Repealer filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
§631. Carmel Bay Ecological Reserve, Monterey County. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 1580-1584, Fish and Game Code. Reference: Sections 1580-1584, Fish and Game Code.
HISTORY

1. New section filed 7-28-77; effective thirtieth day thereafter (Register 77, No. 31).
2. Repealer filed 7-29-77; effective thirtieth day thereafter (Register 77, No. 31).
§632. Marine Protected Areas (MPAs), Marine Managed Areas (MMAs), and Special Closures.
Note     •     History

The areas specified in this section have been declared by the commission to be marine protected areas, marine managed areas, or special closures. Public use of marine protected areas, marine managed areas, or special closures shall be compatible with the primary purposes of such areas. MPAs, MMAs, and special closures are subject to the following general rules and regulations in addition to existing Fish and Game Code statutes and regulations of the commission, except as otherwise provided for in subsection 632(b), areas and special regulations for use. Nothing in this section expressly or implicitly precludes, restricts or requires modification of current or future uses of the waters identified as marine protected areas, special closures, or the lands or waters adjacent to these designated areas by the Department of Defense, its allies or agents.
(a) General Rules and Regulations: 
(1) Protection of Resources.
(A) State Marine Reserves: In a state marine reserve, it is unlawful to injure, damage, take, or possess any living, geological, or cultural marine resource, except under a scientific collecting permit issued pursuant to Section 650 or specific authorization from the commission for research, restoration, or monitoring purposes.
(B) State Marine Parks: In a state marine park, it is unlawful to injure, damage, take, or possess any living or nonliving marine resource for commercial purposes. Any human use that would compromise protection of the species of interest, natural community or habitat, or geological, cultural, or recreational features, may be restricted by the commission as specified in subsection 632(b), areas and special regulations for use. The commission may issue scientific collecting permits pursuant to Section 650 or specifically authorize research, monitoring, and educational activities and certain recreational harvest in a manner consistent with protecting resource values.
(C) State Marine Conservation Areas: In a state marine conservation area, it is unlawful to injure, damage, take, or possess any living, geological, or cultural marine resource for commercial or recreational purposes, or a combination of commercial and recreational purposes except as specified in subsection 632(b), areas and special regulations for use. The commission may issue scientific collecting permits pursuant to Section 650 or specifically authorize research, education, and recreational activities, and certain commercial and recreational harvest of marine resources, provided that these uses do not compromise protection of the species of interest, natural community, habitat, or geological features.
(D) State Marine Recreational Management Areas: In a state marine recreational management area, it is unlawful to perform any activity that would compromise the recreational values for which the area may be designated. Recreational opportunities may be protected, enhanced, or restricted, while preserving basic resource values of the area. No other use is restricted unless specified in subsection 632(b), areas and special regulations for use.
(2) Finfish. Finfish, for the purpose of this section, are defined as any species of bony fish or cartilaginous fish (sharks, skates and rays). Finfish do not include amphibians, invertebrates, plants or algae. The definition of finfish provided in Section 159 does not apply to this Section. 
(3) Pelagic Finfish. Pelagic finfish, for the purpose of this section, are a subset of finfish defined as: northern anchovy (Engraulis mordax), barracudas (Sphyraena spp.), billfishes* (family Istiophoridae), dolphinfish (Coryphaena hippurus), Pacific herring (Clupea pallasi), jack mackerel (Trachurus symmetricus), Pacific mackerel (Scomber japonicus), salmon (Oncorhynchus spp.), Pacific sardine (Sardinops sagax), blue shark (Prionace glauca), salmon shark (Lamna ditropis), shortfin mako shark (Isurus oxyrinchus), thresher sharks (Alopias spp.), swordfish (Xiphias gladius), tunas (family Scombridae), and yellowtail (Seriola lalandi). *Marlin is not allowed for commercial take.
(4) Access. Access into marine protected areas or marine managed areas for non-consumptive uses including but not limited to swimming, surfing, diving, boating, hiking and walking is allowed unless otherwise specified in subsection 632(b), areas and special regulations for use.
(5) Introduction of Species. Unless authorized by the commission or as a result of authorized fishing activities, the release of any fish or wildlife species, including domestic or domesticated species, or the introduction of any plant species, is prohibited. The department may reintroduce endemic species to marine protected areas or marine managed areas for management purposes.
(6) Feeding of Fish and Wildlife. The feeding of fish and wildlife is prohibited except permitted scientific collection pursuant to Section 650 or as a result of authorized fishing within state marine conservation areas, state marine parks, and state marine recreational management areas, or unless feeding of fish is specifically authorized in subsection 632(b) for purposes of marine life viewing. 
(7) Anchoring. Vessels shall be allowed to anchor in any marine protected area or marine managed area with catch onboard unless otherwise specified in subsection 632(b), areas and special regulations for use. Fishing gear shall not be deployed in the water while anchored in a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall not be deployed in the water while anchored in a state marine recreational management area, state marine park or state marine conservation area. Anchoring regulations shall be consistent with federal law and allowances made for anchoring required by emergency or severe weather.
(8) Transit or Drifting. Vessels shall be allowed to transit through marine protected areas and marine managed areas with catch onboard. Fishing gear shall not be deployed in the water while transiting through a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area.
(9) Water Quality Monitoring. Sampling of water, sediment and marine life, for water quality monitoring or pollution research, or as required in a Monitoring and Reporting Program of a National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements issued by the State or Regional Water Boards pursuant to the United States Clean Water Act and the California Water Code, is allowed within state marine reserves, state marine conservation areas, state marine parks, and state marine recreational management areas pursuant to a valid scientific collecting permit issued by the department. 
(10) Public Safety. Public safety activities, including installation, maintenance and/or seasonal placement and removal of safety-related artificial structures, including but not limited to lifeguard towers, are allowed within any MPA classification pursuant to any required federal, state and local permits, or as otherwise authorized by the department.
(b) Areas and Special Regulations for Use. Pursuant to the commission's authority in Fish and Game Code Section 2860 to regulate commercial and recreational fishing and any other taking of marine species in MPAs, Fish and Game Code Sections 10500(f), 10500(g), 10502.5, 10502.6, 10502.7, 10502.8, 10655, 10655.5, 10656, 10657, 10657.5, 10658, 10660, 10661, 10664, 10666, 10667, 10711, 10801, 10900, 10901, 10902, 10903, 10904, 10905, 10906, 10907, 10908, 10909, 10910, 10911, 10912, 10913, and 10932 are made inoperative as they apply to Subsection 632(b). All geographic coordinates listed use the North American Datum 1983 (NAD83) reference datum:
(1) Punta Gorda State Marine Reserve. 
(A) This area is bounded by the three-fathom inshore depth contour, the 30-fathom depth contour and the following points:
40o 16.43' N. lat. 124o 22.00' W. long.; 
40o 16.43' N. lat. 124o 23.50' W. long.; 
40o 14.83' N. lat. 124o 23.18' W. long.; and 
40o 15.23' N. lat. 124o 21.62' W. long. 
(B) Take of all living marine resources is prohibited.
(C) Swimming. No person shall swim, wade, dive, or use any diving equipment within the Punta Gorda State Marine Reserve except as authorized pursuant to scientific research approved by the department.
(D) Boating. Except as allowed pursuant to Federal law, no person shall launch or operate a boat or other floating device within the Punta Gorda State Marine Reserve except to pass through the area during the normal course of vessel transit along the coast, to avoid inclement weather, or pursuant to scientific research approved by the department.
(E) Firearms. No person shall possess, fire, or discharge any firearm, bow and arrow, air or gas gun, spear gun, or any other weapon of any kind within, or into the Punta Gorda State Marine Reserve except as authorized pursuant to scientific research approved by the department.
(F) Public Entry. Public entry into the Punta Gorda State Marine Reserve may be restricted at the discretion of the department to protect wildlife, aquatic life, or habitat. No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, or institution or agency entering into a memorandum of understanding (MOU) with the department, may enter an area which is closed to public entry.
(G) Pesticides, Herbicides, and Other Regulated Chemicals. The use of pesticides, herbicides, and other regulated chemicals is prohibited in the Punta Gorda State Marine Reserve except as authorized pursuant to scientific research approved by the department. Where such chemicals are intended to be used as a part of any research program, any necessary authorization and/or permits required to dispense such chemicals into state waters or tide and submerged lands shall be obtained prior to final approval of the research by the department.
(H) Litter. No person shall deposit, drop, or scatter any debris on the Punta Gorda State Marine Reserve. Any refuse resulting from a person's use of an area must be removed from that area by such person.
(I) Aircraft. No person shall operate any aircraft or hovercraft within the Punta Gorda State Marine Reserve, except as authorized pursuant to scientific research approved by the department.
(J) Pets. Pets, including but not limited to, dogs and cats, are prohibited from entering the Punta Gorda State Marine Reserve unless authorized by the department.
(K) Memorandum of Understanding (MOU). The department may enter into MOU's with colleges, universities, and other bonafide research organizations to conduct marine-related research within the Punta Gorda State Marine Reserve.
(L) Scientific research conducted within the Punta Gorda State Marine Reserve shall not interfere with access by land to coastal trails along the shoreline adjacent to the reserve.
(2) MacKerricher State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line, the 3-fathom depth contour and the following points:
39o 29.81' N. lat. 123o 47.50' W. long.; 
39o 29.95' N. lat. 123o 47.80' W. long.; 
39o 27.62' N. lat. 123o 48.80' W. long.; and 
39o 27.55' N. lat. 123o 48.52' W. long. 
(B) Take of all living marine resources is prohibited except: 
1. Only the following species may be taken recreationally: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobster, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. 
2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, squid, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached. 
(3) Point Cabrillo State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line, a distance of 1000 feet seaward of mean lower low water, and the following points: 
39o 21.24' N. lat. 123o 49.25' W. long.; 
39o 21.33' N. lat. 123o 49.64' W. long.; 
39o 20.66' N. lat. 123o 49.68' W. long.; and 
39o 20.57' N. lat. 123o 49.27' W. long. 
(B) Take of all living marine resources is prohibited except the commercial take of finfish and marine aquatic plants. 
(4) Russian Gulch State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line, the 3-fathom depth contour and the following points: 
39o 19.86' N. lat. 123o 48.84' W. long.; 
39o 19.85' N. lat. 123o 48.89' W. long.; 
39o 19.52' N. lat. 123o 48.46' W. long.; and 
39o 19.52' N. lat. 123o 48.23' W. long. 
(B) Take of all living marine resources is prohibited except: 
1. Only the following species may be taken recreationally: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobster, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. 
2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached. 
(5) Van Damme State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line, the 3-fathom depth contour and the following points: 
39o 16.45' N. lat. 123o 47.60' W. long.; 
39o 16.355' N. lat. 123o 47.60' W. long.; 
39o 16.27' N. lat. 123o 47.545' W. long.; and 
39o 16.27' N. lat. 123o 47.43' W. long. 
(B) Take of all living marine resources is prohibited except: 
1. Only the following species may be taken recreationally: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobster, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. 
2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached. 
(6) Point Arena State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
38o 57.35' N. lat. 123o 44.50' W. long;
38o 59.00' N. lat. 123o 44.50' W. long;
38o 59.00' N. lat. 123o 46.00' W. long;
38o 56.40' N. lat. 123o 46.00' W. long; and
38o 56.40' N. lat. 123o 43.82' W. long.
(B) Take of all living marine resources is prohibited.
(7) Point Arena State Marine Conservation Area.
(A) This area is bounded by straight lines connecting the following points in the order listed except where noted:
38o 59.00' N. lat. 123o 46.00' W. long.;
38o 59.00' N. lat. 123o 48.16' W. long.; thence southward along the three nautical mile offshore boundary to
38o 56.40' N. lat. 123o 48.35' W. long.;
38o 56.40' N. lat. 123o 46.00' W. long.; and
38o 59.00' N. lat. 123o 46.00' W. long.
(B) Take of all living marine resources is prohibited except:
1. The recreational take of salmon by trolling [subsection 27.80(a)(3)] is allowed. 
2. The commercial take of salmon with troll fishing gear [subsection 182.1(l)] is allowed.
(8) Sea Lion Cove State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
38o 56.40' N. lat. 123o 43.82' W. long.; 
38o 56.40' N. lat. 123o 44.00' W. long.;
38o 55.79' N. lat. 123o 44.00' W. long.; and
38o 55.79' N. lat. 123o 43.74' W. long.
(B) Recreational and commercial take of marine invertebrates and marine aquatic plants is prohibited. Take of all other species is allowed.
(9) Saunders Reef State Marine Conservation Area
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
38o 51.80' N. lat. 123o 39.23' W. long.; 
38o 51.80' N. lat. 123o 44.78' W. long.; thence southward along the three nautical mile offshore boundary to
38o 50.00' N. lat. 123o 42.58' W. long.; and
38o 50.00' N. lat. 123o 37.60' W. long. 
(B) Take of all living marine resources is prohibited except:
1. The recreational take of salmon by trolling [subsection 27.80(a)(3)] is allowed. 
2. The commercial take of salmon with troll fishing gear [subsection 182.1(l)] and urchin is allowed.
(10) Del Mar Landing State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
38o 44.70' N. lat. 123o 31.00' W. long.; 
38o 44.20' N. lat. 123o 31.00' W. long.; 
38o 44.20' N. lat. 123o 30.30' W. long.; and
38o 44.43' N. lat. 123o 30.30' W. long. 
(B) Take of all living marine resources is prohibited. 
(11) Stewarts Point State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
38o 40.500' N. lat. 123o 25.370' W. long.; 
38o 40.500' N. lat. 123o 25.500' W. long.; 
38o 37.500' N. lat. 123o 23.500' W. long.; 
38o 37.535' N. lat. 123o 23.027' W. long.
(B) Take of all living marine resources is prohibited except the following may be taken recreationally from shore only: marine aquatic plants other than sea palm, marine invertebrates, finfish [subsection 632(a)(2)] by hook and line, surf smelt by beach net, and species authorized in Section 28.80 of these regulations by hand-held dip net.
(12) Stewarts Point State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
38o 40.50' N. lat. 123o 25.37' W. long.; 
38o 40.50' N. lat. 123o 30.24' W. long.; thence southward along the three nautical mile offshore boundary to
38o 35.60' N. lat. 123o 26.01' W. long.; and
38o 35.60' N. lat. 123o 20.80' W. long., except that Stewarts Point State Marine Conservation Area as described in subsection 632(b)(11)(A) is excluded. 
(B) Take of all living marine resources is prohibited.
(13) Salt Point State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
38o 35.60' N. lat. 123o 20.80' W. long.; 
38o 35.60' N. lat. 123o 21.00' W. long.; 
38o 33.50' N. lat. 123o 21.00' W. long.; and 
38o 33.50' N. lat. 123o 18.91' W. long., except that Gerstle Cove as described in subsection 632(b)(14)(A) is excluded.
(B) Take of all living marine resources is prohibited except the recreational take of abalone and finfish [subsection 632(a)(2)].
(14) Gerstle Cove State Marine Reserve.  
(A) This area lies within the Salt Point State Marine Conservation Area and is bounded by the mean high tide line and a straight line connecting the following points:
38o 33.95' N. lat. 123o 19.92' W. long.; and 
38o 33.95' N. lat. 123o 19.76' W. long. 
(B) Take of all living marine resources is prohibited. 
(15) Russian River State Marine Recreational Management Area.
(A) This area includes the waters below the mean high tide line eastward of the mouth of the Russian River estuary defined as a line connecting the following two points:
38o 27.16' N. lat. 123o 07.91' W. long.; 
38o 27.01' N. lat. 123o 07.74' W. long.
And westward of the Highway 1 Bridge.
(B) Waterfowl may be taken in accordance with the general waterfowl regulations (Sections 502, 550, 551, and 552).
(C) Take of all living marine resources is prohibited.
(16) Russian River State Marine Conservation Area.
(A) This area is bounded by the mean high tide line, the mouth of the Russian River estuary as defined in subsection 632(b)(15)(A), and straight lines connecting the following points in the order listed:
38o 27.38' N. lat. 123o 08.58' W. long.; 
38o 26.38' N. lat. 123o 08.58' W. long.; 
38o 26.38' N. lat. 123o 07.70' W. long. 
(B) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: Dungeness crab by trap, and surf smelt using hand-held dip net or beach net.
2. Only the following species may be taken commercially: Dungeness crab by trap.
(17) Bodega Head State Marine Reserve. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted: 
38o 20.10' N. lat. 123o 04.04' W. long.; 
38o 20.10' N. lat. 123o 08.38' W. long.; thence southward along the three nautical mile offshore boundary to 
38o 18.00' N. lat. 123o 08.08' W. long.; and 
38o 18.00' N. lat. 123o 03.64' W. long. 
(B) Take of all living marine resources is prohibited.
(C) Except as permitted by federal law or emergency caused by hazardous weather, it is unlawful to anchor or moor a vessel in the Bodega Head State Marine Reserve without authorization from the director of the Bodega Marine Laboratory. 
(D) The director of the Bodega Marine Laboratory may authorize any person who holds a scientific collector's permit from the department, under the conditions prescribed by the department, to enter the Bodega Head State Marine Reserve to take any finfish [subsection 632(a)(2)], invertebrate, or marine plant or algae for scientific purposes.
(E) The director of the Bodega Marine Laboratory may authorize students enrolled in educational programs conducted by the Bodega Marine Laboratory, under general conditions outlined in a memorandum of understanding with the department, to enter the Bodega Head State Marine Reserve to take any finfish [subsection 632(a)(2)], invertebrate, or marine plant or algae for educational and study purposes.
(18) Bodega Head State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
38o 18.00' N. lat. 123o 03.64' W. long.;
38o 18.00' N. lat. 123o 08.08' W. long.; thence southward along the three nautical mile offshore boundary to 
38o 13.34' N. lat. 123o 03.51' W. long.; and 
38o 17.93' N. lat. 123o 03.51' W. long.
(B) Take of all living marine resources is prohibited except:
1. The recreational take of pelagic finfish [subsection 632(a)(3)] by trolling [subsection 27.80(a)(3)], Dungeness crab by trap, and market squid by hand-held dip net, are allowed. 
2. The commercial take of pelagic finfish [subsection 632(a)(3)] by troll fishing gear [subsection 182.1(l)] or round haul net [Section 8750, Fish and Game Code], Dungeness crab by trap, and market squid by round haul net [Section 8750, Fish and Game Code], are allowed. 
(19) Estero Americano State Marine Recreational Management Area. 
(A) This area includes the waters below the mean high tide line within Estero Americano westward of longitude 122o 59.25' W.
(B) Waterfowl may be taken in accordance with the general waterfowl regulations (Sections 502, 550, 551, and 552).
(C) Take of all living marine resources is prohibited.
(20) Estero de San Antonio State Marine Recreational Management Area. 
(A) This area includes the waters below the mean high tide line within Estero de San Antonio westward of longitude 122o 57.40' W.
(B) Waterfowl may be taken in accordance with the general waterfowl regulations (Sections 502, 550, 551, and 552).
(C) Take of all living marine resources is prohibited.
(21) Point Reyes State Marine Reserve. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
37o 59.90' N. lat. 123o 01.29' W. long.; 
37o 59.90' N. lat. 123o 02.00' W. long.; 
37o 59.00' N. lat. 123o 02.00' W. long.;
37o 59.00' N. lat. 122o 57.34' W. long.; and
38o 01.75' N. lat. 122o 55.00' W. long.; thence westward along the mean high tide line onshore boundary to 
38o 01.783' N. lat. 122o 55.286' W. long.; and 
38o 01.954' N. lat. 122o 56.451' W. long.
(B) Take of all living marine resources is prohibited.
(22) Point Reyes State Marine Conservation Area.
(A) This area is bounded by straight lines connecting the following points in the order listed except where noted:
37o 59.00' N. lat. 123o 02.00' W. long.;
37o 56.71' N. lat. 123o 02.00' W. long.; thence eastward along the three nautical mile offshore boundary to 
37o 56.36' N. lat. 122o 57.34' W. long.;
37o 59.00' N. lat. 122o 57.34' W. long.; and 
37o 59.00' N. lat. 123o 02.00' W. long.
(B) Take of all living marine resources is prohibited except:
1. The recreational take of salmon by trolling [subsection 27.80(a)(3)] and Dungeness crab by trap is allowed. 
2. The commercial take of salmon with troll fishing gear [subsection 182.1(l)] and Dungeness crab by trap is allowed.
(23) Point Reyes Headlands Special Closure. Special restrictions on boating and access apply to the Point Reyes headlands as follows.
(A) A special closure is designated on the south side of the Point Reyes Headlands from the mean high tide line to a distance of 1000 feet seaward of the mean lower low tide line of any shoreline between lines extending due south from each of the following two points:
37o 59.65' N. lat. 123o 01.00' W. long; and 
37o 59.39' N. lat. 122o 57.80' W. long. 
(B) No person except department employees or employees of the United States Fish and Wildlife Service, National Park Service, or United States Coast Guard, in performing their official duties, or unless permission is granted by the department, shall enter this area at any time.
(24) Estero de Limantour State Marine Reserve. 
(A) This area consists of waters below the mean high tide line within Estero de Limantour and within Drakes Estero, southward of a line connecting the following two points:
38o 02.66' N. lat. 122o 56.89' W. long.; and 
38o 02.66' N. lat. 122o 56.15' W. long. 
And northward of a line connecting the following two points:
38o 01.783' N. lat. 122o 55.286' W. long.; and 
38o 01.954' N. lat. 122o 56.451' W. long.
(B) Take of all living marine resources is prohibited.
(25) Drakes Estero State Marine Conservation Area.
(A) This area includes the waters below the mean high tide line within Drakes Estero northward of a line connecting the following two points: 
38o 02.66' N. lat. 122o 56.89' W. long.; and 
38o 02.66' N. lat. 122o 56.15' W. long. 
(B) Take of all living marine resources is prohibited except:
1. The recreational take of clams; and
2. Aquaculture of shellfish, pursuant to a valid State water bottom lease and stocking permit.
(26) Point Resistance Rock Special Closure. Special restrictions on boating and access apply to Point Resistance Rock as follows:
(A) A special closure is designated from the mean high tide line to a distance of 300 feet seaward of the mean lower low tide line of any shoreline of Point Resistance Rock, located in the vicinity of 37o 59.92' N. lat. 122o 49.75' W. long. 
(B) No person except department employees or employees of the United States Fish and Wildlife Service, National Park Service, or United States Coast Guard, in performing their official duties, or unless permission is granted by the department, shall enter this area at any time.
(27) Double Point/Stormy Stack Rock Special Closure. Special restrictions on boating and access apply to Stormy Stack Rock as follows.
(A) A special closure is designated from the mean high tide line to a distance of 300 feet seaward of the mean lower low tide line of any shoreline of Stormy Stack Rock, located in the vicinity of 37o 56.83' N. lat. 122o 47.14' W. long. 
(B) No person except department employees or employees of the United States Fish and Wildlife Service, National Park Service, or United States Coast Guard, in performing their official duties, or unless permission is granted by the department, shall enter this area at any time.
(28) Duxbury Reef State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line, a distance of 1000 feet seaward of mean lower low water, and the following points:
37o 55.52' N. lat. 122o 44.17' W. long.; 
37o 55.42' N. lat. 122o 44.31' W. long.; 
37o 53.65' N. lat. 122o 41.91' W. long.; and 
37o 53.77' N. lat. 122o 42.02' W. long. 
(B) Take of all living marine resources is prohibited except the recreational take of finfish [subsection 632(a)(2)] from shore and abalone. 
(29) North Farallon Islands State Marine Reserve
(A) This area is bounded by straight lines connecting the following points in the order listed except where noted:
37o 45.70' N. lat. 122o 59.08' W. long.; thence northwestward along the three nautical mile offshore boundary to 
37o 49.34' N. lat. 123o 7.00' W. long.; 
37o 45.70' N. lat. 123o 7.00' W. long.; and
37o 45.70' N. lat. 122o 59.08' W. long.
(B) Take of all living marine resources is prohibited.
(30) North Farallon Islands Special Closure. Special regulations on boating and access apply to the North Farallon Islands as follows. 
(A) A special closure is established at the islets comprising the North Farallon Islands.
(B) Except as permitted by federal law or emergency caused by hazardous weather, or as authorized by subsection 632(b)(30)(C), no vessel shall be operated or anchored at any time from the mean high tide line to a distance of 1000 feet seaward of the mean lower low tide line of any shoreline of North Farallon Island, or to a distance of 300 feet seaward of the mean lower low tide line of any shoreline of the remaining three southern islets, including the Island of St. James, in the vicinity of 37o 46.00' N. lat. 123o 06.00' W. long. 
(C) No person except department employees or employees of the United States Fish and Wildlife Service, National Oceanic and Atmospheric Administration, or United States Coast Guard, in performing their official duties, or unless permission is granted by the department, shall enter the area defined in subsection 632(b)(30)(B).
(D) All vessels shall observe a five (5) nautical mile per hour speed limit within 1,000 feet seaward of the mean lower low tide line of any shoreline of the islets defined in subsection 632(b)(30)(B). 
(E) In an area bounded by the mean high tide line and a distance of one nautical mile seaward of the mean lower low tide line of any of the four islets comprising the North Farallon Islands, the following restrictions apply: 
1. All commercial diving vessels operating in the defined area shall have their vessel engine exhaust system terminate either through a muffler for dry exhaust systems, or below the vessel waterline for wet exhaust systems. 
2. All commercial diving vessels equipped with an open, deck-mounted air compressor system, while operating in the defined area, shall have their air compressor's engine exhaust system terminate below the vessel waterline. 
(31) Southeast Farallon Island State Marine Reserve.
(A) This area is bounded by straight lines connecting the following points in the order listed:
37o 42.60' N. lat. 122o 59.50' W. long.; 
37o 42.60' N. lat. 123o 02.00' W. long.; 
37o 40.50' N. lat. 123o 02.00' W. long.; 
37o 40.50' N. lat. 122o 59.50' W. long.; and
37o 42.60' N. lat. 122o 59.50' W. long. 
(B) Take of all living marine resources is prohibited.
(32) Southeast Farallon Island State Marine Conservation Area.
(A) This area is bounded by straight lines connecting the following points in the order listed except where noted:
37o 42.60' N. lat. 123o 02.00' W. long.; 
37o 42.60' N. lat. 123o 05.46' W. long.; thence southeastward along the three nautical mile offshore boundary to 
37o 38.66' N. lat. 122o 59.50' W. long;
37o 40.50' N. lat. 122o 59.50' W. long; 
37o 40.50' N. lat. 123o 02.00' W. long.; and
37o 42.60' N. lat. 123o 02.00' W. long. 
(B) Take of all living marine resources is prohibited except:
1. The recreational take of salmon by trolling [subsection 27.80(a)(3)] is allowed. 
2. The commercial take of salmon with troll fishing gear [subsection 182.1(l)] is allowed.
(33) Southeast Farallon Island Special Closure. Special regulations on boating and access apply to the island and islets comprising the Southeast Farallon Island as follows. 
(A) A special closure is established at the Southeast Farallon Island.
(B) Except as permitted by federal law or emergency caused by hazardous weather, or as authorized by subsection 632(b)(33)(D), no vessel shall be operated or anchored at any time from the mean high tide line to a distance of 300 feet seaward of the mean lower low tide line of any shoreline of the Southeast Farallon Island year-round,
EXCEPT: 
1. The area north of Fisherman's Bay, from a line extending due west from 37o 42.26' N. lat. 123o 00.16' W. long., following clockwise around the island (including Fisherman's Bay), to a line extending due east from 37o 42.05' N. lat. 123o 00.07' W. long.
2. At East Landing, from a line extending due east from 37o 41.83' N. lat. 122o 59.98' W. long., following clockwise around the island, to a straight line connecting the following two points:
37o 41.72' N. lat. 123o 00.05' W. long.; and
37o 41.68' N. lat. 123o 00.07' W. long.
(C) This closure as defined in subsection 632(b)(33)(B) exists year round, except for the following areas, which are closed only from December 1 through September 14 of each year:
1. From Fisherman's Bay to East Landing, from a line extending due east from 37o 42.05' N. lat. 123o 00.07' W. long., following clockwise around the island to a line extending due east from 37o 41.83' N. lat. 122o 59.98' W. long.
2. The area southwest of East Landing, from a straight line connecting the following two points:
37o 41.72' N. lat. 123o 00.05' W. long.; and
37o 41.68' N. lat. 123o 00.07' W. long.
Following clockwise around the main island to a straight line extending due south from 37o 41.76' N. lat. 123o 00.16' W. long. to 37o 41.64' N. lat. 123o 00.16' W. long., and on the southeast side of Saddle (Seal) Rock, from a straight line extending due south from 37o 41.76' N. lat. 123o 00.16' W. long., following clockwise around Saddle (Seal) Rock, to a line extending due west from 37o 41.60' N. lat. 123o 00.26' W. long. 
(D) No person except department employees or employees of the United States Fish and Wildlife Service, National Oceanic and Atmospheric Administration, or United States Coast Guard, in performing their official duties, or unless permission is granted by the department, shall enter the area defined in subsection 632(b)(33)(B) or 632(b)(33)(C) during the closure period.
(E) All vessels shall observe a five (5) nautical mile per hour speed limit 1,000 feet seaward of the mean lower low tide line of any shoreline of the Southeast Farallon Island.
(F) In an area bounded by the mean high tide line and a distance of one nautical mile seaward of the mean lower low tide line of any of the islands and islets comprising the Southeast Farallon Island, the following restrictions apply:
1. All commercial diving vessels operating in the defined area shall have their vessel engine exhaust system terminate either through a muffler for dry exhaust systems, or below the vessel waterline for wet exhaust systems. 
2. All commercial diving vessels equipped with an open, deck-mounted air compressor system, while operating in the defined area, shall have their air compressor's engine exhaust system terminate below the vessel waterline. 
(34) Fagan Marsh State Marine Park. 
(A) This area consists of waters below the mean high tide line within the Fagan Marsh Ecological Reserve.
(B) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants.
(C) Only lightweight, hand-carried boats may be launched or operated within the park.
(35) Peytonia Slough State Marine Park. 
(A) This area consists of waters below the mean high tide line within the Peytonia Slough Ecological Reserve.
(B) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants.
(C) Only lightweight, hand-carried boats may be launched or operated within the park.
(36) Corte Madera Marsh State Marine Park. 
(A) This area consists of waters below the mean high tide line within the Corte Madera Marsh Ecological Reserve.
(B) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants from shore only.
(C) Only lightweight, hand-carried boats may be launched or operated within the park.
(D) Swimming, wading, and diving are prohibited within the park.
(37) Marin Islands State Marine Park. 
(A) This area consists of waters below the mean high tide line within the Marin Islands Ecological Reserve.
(B) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants from shore only.
(C) Boating, swimming, wading, and diving are prohibited within the park.
(38) Albany Mudflats State Marine Park. 
(A) This area consists of waters below the mean high tide line within the Albany Mudflats Ecological Reserve.
(B) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants from shore only.
(C) Boating, swimming, wading, and diving are prohibited within the park.
(39) Robert W. Crown State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line and a distance of 150 feet seaward of mean lower low water, between the following points:
37o 45.97' N. lat. 122o 16.84' W. long.; and 
37o 45.95' N. lat. 122o 16.52' W. long. 
(B) Take of all living marine resources is prohibited except:
1. Finfish may be taken recreationally by hook and line only.
2. Finfish and kelp may be taken commercially.
(40) Redwood Shores State Marine Park. 
(A) This area consists of waters below the mean high tide line within the Redwood Shores Ecological Reserve.
(B) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants.
(C) Only lightweight, hand-carried boats may be launched or operated within the park.
(41) Bair Island State Marine Park. 
(A) This area consists of waters below the mean high tide line within the Bair Island Ecological Reserve.
(B) Take of all living marine resources is prohibited except the recreational hook and line take of species other than kelp from shore only.
(C) Boating, swimming, wading, and diving are prohibited within the park.
(D) No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, shall enter this park during the period February 15 through May 20.
(E) Waterfowl may be taken in accordance with the general waterfowl regulations (Sections 502, 550, 551, and 552).
(42) Egg (Devil's Slide) Rock to Devil's Slide Special Closure. Special restrictions on boating and access apply as follows. 
(A) A special closure is designated from the mean high tide line to a distance of 300 feet seaward of the mean lower low tide line of any shoreline of any of the three rocks comprising Egg (Devil's Slide) Rock, located in the vicinity of 37o 34.64' N. lat. 122o 31.29' W. long.; 37o 34.66' N. lat. 122o 31.32' W. long; and 37o 34.63' N. lat. 122o 31.29' W. long.; and the area bounded by the mean high tide line and straight lines connecting the following points in the order listed: 
37o 34.74' N. lat. 122o 31.08' W. long.; 
37o 34.72' N. lat. 122o 31.31' W. long.; 
37o 34.60' N. lat. 122o 31.33' W. long.; and 
37o 34.52' N. lat. 122o 31.21' W. long.
(B) Transit in between the rock and the mainland between these points is prohibited at any time. 
(C) No person except department employees or employees of the United States Fish and Wildlife Service, U.S. Bureau of Land Management, National Oceanic and Atmospheric Administration, or United States Coast Guard, in performing their official duties, or unless permission is granted by the department, shall enter this area.
(43) Montara State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
37o 32.70' N. lat. 122o 31.00' W. long.; 
37o 32.70' N. lat. 122o 34.91' W. long.; thence southward along the three nautical mile offshore boundary to 
37o 30.00' N. lat. 122o 34.61' W. long.; and 
37o 30.00' N. lat. 122o 29.93' W. long. 
(B) Take of all living marine resources is prohibited.
(44) Pillar Point State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
37o 30.00' N. lat. 122o 29.93' W. long.;
37o 30.00' N. lat. 122o 34.61' W. long.; thence southward along the three nautical mile offshore boundary to 
37o 28.33' N. lat. 122o 33.47' W. long.; 
37o 28.33' N. lat. 122o 30.83' W. long.; 
37o 29.18' N. lat. 122o 30.36' W. long.; and
37o 29.74' N. lat. 122o 29.97' W. long.
(B) Take of all living marine resources is prohibited except:
1. The recreational take of pelagic finfish [subsection 632(a)(3)] by trolling [subsection 27.80(a)(3)], Dungeness crab by trap, and market squid by hand-held dip net are allowed. 
2. The commercial take of pelagic finfish [subsection 632(a)(3)] by troll or round haul net [Section 8750, Fish and Game Code], Dungeness crab by trap, and market squid by round haul net [Section 8750, Fish and Game Code]. 
(45) Año Nuevo State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line and a distance of 200 feet seaward of mean lower low water between the following two points:
37o 10.00' N. lat. 122o 21.80' W. long; and 
37o 08.70' N. lat. 122o 21.00' W. long. 
The area then continues southward bounded by the mean high tide line and straight lines connecting the following points in the order listed:
37o 08.70' N. lat. 122o 21.00' W. long.; 
37o 04.70' N. lat. 122o 21.00' W. long.; and
37o 04.70' N. lat. 122o 16.20' W. long.
(B) Take of all living marine resources is prohibited except the commercial take of giant kelp (Macrocystis pyrifera) by hand harvest only. 
(46) Greyhound Rock State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line, the three nautical mile offshore boundary and straight lines connecting the following points in the order listed except where noted:
37o 04.70' N. lat. 122o 16.20' W. long.;
37o 04.70' N. lat. 122o 21.00' W. long.;
37o 03.55' N. lat. 122o 21.00' W. long.; thence southward along the three nautical mile offshore boundary to
37o 02.57' N. lat. 122o 19.10' W. long.; and
37o 02.57' N. lat. 122o 14.00' W. long.
(B) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: giant kelp (Macrocystis pyrifera) by hand harvest only, squid, salmon, and, by hook-and-line from shore only, other finfish.
2. Only the following species may be taken commercially: giant kelp (Macrocystis pyrifera) by hand harvest only, salmon, and squid except that not more than five percent (5%) by landed weight of any commercial squid catch may be other species taken incidentally to squid.
(47) Natural Bridges State Marine Reserve. 
(A) This area is bounded by the mean high tide line and a distance of 200 feet seaward of mean lower low water between the following two points:
36o 57.90' N. lat. 122o 07.65' W. long.; and
36o 57.00' N. lat. 122o 03.50' W. long.
(B) Take of all living marine resources is prohibited.
(48) Elkhorn Slough State Marine Reserve.
(A) This area includes the waters below mean high tide within Elkhorn Slough lying east of longitude 121o 46.40' W. and south of latitude 36o 50.50' N.
(B) Take of all living marine resources is prohibited.
(49) Elkhorn Slough State Marine Conservation Area. 
(A) This area includes the waters below mean high tide within Elkhorn Slough east of the Highway 1 Bridge and west of longitude 121o 46.40' W. 
(B) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: finfish by hook-and-line only and clams. Clams may only be taken on the north shore of the slough in the area adjacent to the Moss Landing State Wildlife Area [subsection 550(a)].
(50) Moro Cojo Slough State Marine Reserve.
(A) This area includes the waters within Moro Cojo Slough below mean high tide and east of the Highway 1 Bridge and west of the crossing of the Southern Pacific Railroad tracks. 
(B) Take of all living marine resources is prohibited.
(51) Soquel Canyon State Marine Conservation Area.
(A) This area is bounded by straight lines connecting the following points in the order listed:
36o 51.00' N. lat. 121o 56.00' W. long.;
36o 51.00' N. lat. 122o 03.80' W. long.;
36o 48.00' N. lat. 122o 02.88' W. long.;
36o 48.00' N. lat. 121o 56.00' W. long.; and
36o 51.00' N. lat. 121o 56.00' W. long.
(B) Take of all living marine resources is prohibited except the commercial and recreational take of pelagic finfish [subsection 632(a)(3)]. 
(52) Portuguese Ledge State Marine Conservation Area.
(A) This area is bounded by straight lines connecting the following points in the order listed:
36o 43.00' N. lat. 121o 56.00' W. long.;
36o 43.00' N. lat. 122o 01.30' W. long.;
36o 41.00' N. lat. 122o 00.80' W. long.;
36o 41.00' N. lat. 121o 56.00' W. long.; and
36o 43.00' N. lat. 121o 56.00' W. long.
(B) Take of all living marine resources is prohibited except the commercial and recreational take of pelagic finfish [subsection 632(a)(3)]. 
(53) Edward F. Ricketts State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
36o 36.50' N. lat. 121o 53.37' W. long.;
36o 37.25' N. lat. 121o 53.78' W. long.; and
36o 37.10' N. lat. 121o 54.09' W. long.
(B) Take of all living marine resources is prohibited except:
1. The recreational take of finfish by hook-and-line is allowed. 
2. The commercial take of giant kelp (Macrocystis pyrifera) and bull kelp (Nereocystis spp.) is allowed by hand in the area defined by subsection 165(c)(4)(D) under the following conditions:
a. A kelp harvester with a valid license issued pursuant to Section 165 may take no more than 12 tons of kelp from the portion of Administrative Kelp Bed 220 within the Edward F. Ricketts State Marine Conservation Area in any calendar month.
b. Duplicate landing records must be kept on board the harvest vessel in accordance with the requirements of Section 165.
(54) Lovers Point State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
36o 37.10' N. lat. 121o 54.09' W. long.;
36o 37.25' N. lat. 121o 53.78' W. long.;
36o 37.38' N. lat. 121o 53.85' W. long.;
36o 37.60' N. lat. 121o 54.75' W. long.; and
36o 37.60' N. lat. 121o 54.91' W. long.
(B) Take of all living marine resources is prohibited.
(55) Pacific Grove Marine Gardens State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
36o 37.60' N. lat. 121o 54.91' W. long.;
36o 37.60' N. lat. 121o 54.75' W. long.;
36o 38.70' N. lat. 121o 55.40' W. long.;
36o 38.90' N. lat. 121o 56.60' W. long.; and
36o 38.22' N. lat. 121o 56.15' W. long.
(B) Take of all living marine resources is prohibited except:
1. The recreational take of finfish is allowed.
2. The commercial take of giant kelp (Macrocystis pyrifera) and bull kelp (Nereocystis spp.) by hand is allowed under the following conditions:
a. A kelp harvester with a valid license issued pursuant to Section 165 may take no more than 44 tons of kelp from the portion of Administrative Kelp Bed 220 within the Pacific Grove Marine Gardens State Marine Conservation Area in any calendar month. 
b. Duplicate landing records must be kept on board the harvest vessel in accordance with the requirements of Section 165.
(56) Asilomar State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
36o 38.22' N. lat. 121o 56.15' W. long.;
36o 38.90' N. lat. 121o 56.60' W. long.; and
36o 36.60' N. lat. 121o 57.50' W. long.
(B) Take of all living marine resources is prohibited.
(57) Carmel Pinnacles State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
36o 33.65' N. lat. 121o 57.60' W. long.;
36o 33.65' N. lat. 121o 58.50' W. long.;
36o 33.10' N. lat. 121o 58.50' W. long.;
36o 33.10' N. lat. 121o 57.60' W. long.; and
36o 33.65' N. lat. 121o 57.60' W. long.
(B) Take of all living marine resources is prohibited.
(58) Carmel Bay State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
36o 33.65' N. lat. 121o 57.10' W. long.;
36o 31.70' N. lat. 121o 56.30' W. long.; and
36o 31.70' N. lat. 121o 55.55' W. long.
(B) Take of all living marine resources is prohibited except:
1. The recreational take of finfish is allowed.
2. The commercial take of giant kelp (Macrocystis pyrifera) and bull kelp (Nereocystis spp.) by hand is allowed under the following conditions:
a. A kelp harvester with a valid license issued pursuant to Section 165 may take no more than 44 tons of kelp from the portion of Administrative Kelp Bed 219 within the Carmel Bay State Marine Conservation Area in any calendar month.
b. Duplicate landing records must be kept on board the harvest vessel in accordance with the requirements of Section 165.
(59) Point Lobos State Marine Reserve. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
36o 31.70' N. lat. 121o 55.55' W. long.;
36o 31.70' N. lat. 121o 58.25' W. long.;
36o 28.88' N. lat. 121o 58.25' W. long.; and
36o 28.88' N. lat. 121o 56.30' W. long.
(B) Take of all living marine resources is prohibited.
(C) Within the portion of the Point Lobos State Marine Reserve which also falls within the boundary of the Point Lobos State Reserve (State Park Unit), restrictions on boating and diving activities exist. Contact the California Department of Parks and Recreation for current restrictions.
(60) Point Lobos State Marine Conservation Area.
(A) This area is bounded by straight lines connecting the following points in the order listed except where noted:
36o 31.70' N. lat. 121o 58.25' W. long.;
36o 31.70' N. lat. 122o 01.30' W. long.; thence southward along the three nautical mile offshore boundary to
36o 28.88' N. lat. 122o 00.55' W. long.;
36o 28.88' N. lat. 121o 58.25' W. long.; and
36o 31.70' N. lat. 121o 58.25' W. long.
(B) Take of all living marine resources is prohibited except the recreational and commercial take of salmon, albacore, and the commercial take of spot prawn.
(61) Point Sur State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
36o 18.40' N. lat. 121o 54.10' W. long.;
36o 18.40' N. lat. 121o 56.00' W. long.;
36o 15.00' N. lat. 121o 52.50' W. long.; and
36o 15.00' N. lat. 121o 50.25' W. long.
(B) Take of all living marine resources is prohibited.
(62) Point Sur State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
36o 18.40' N. lat. 121o 56.00' W. long.;
36o 18.40' N. lat. 121o 58.33' W. long.; thence southward along the three nautical mile offshore boundary to
36o 15.00' N. lat. 121o 55.10' W. long.;
36o 15.00' N. lat. 121o 52.50' W. long.; and
36o 18.40' N. lat. 121o 56.00' W. long.
(B) Take of all living marine resources is prohibited except the commercial and recreational take of salmon and albacore.
(63) Big Creek State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
36o 07.20' N. lat. 121o 38.00' W. long.;
36o 07.20' N. lat. 121o 39.00' W. long.;
36o 05.20' N. lat. 121o 38.00' W. long.;
36o 05.20' N. lat. 121o 41.25' W. long.; thence southward along the three nautical mile offshore boundary to
36o 02.65' N. lat. 121o 39.70' W. long.; and
36o 02.65' N. lat. 121o 35.13' W. long.
(B) Take of all living marine resources is prohibited.
(C) Anchoring. Except as pursuant to Federal law or emergency caused by hazardous weather, it is unlawful to anchor or moor a vessel in waters shallower than 10 fathoms in the Big Creek State Marine Reserve. 
(64) Big Creek State Marine Conservation Area.
(A) This area is bounded by the three nautical mile offshore boundary and straight lines connecting the following points in the order listed except where noted:
36o 07.20' N. lat. 121o 39.00' W. long.;
36o 07.20' N. lat. 121o 42.90' W. long.; thence southward along the three nautical mile offshore boundary to
36o 05.20' N. lat. 121o 41.25' W. long.;
36o 05.20' N. lat. 121o 38.00' W. long.; and
36o 07.20' N. lat. 121o 39.00' W. long.
(B) Take of all living marine resources is prohibited except the commercial and recreational take of salmon, albacore, and the commercial take of spot prawn.
(65) Piedras Blancas State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
35o 42.85' N. lat. 121o 18.95' W. long.;
35o 42.85' N. lat. 121o 21.00' W. long.;
35o 39.15' N. lat. 121o 18.50' W. long.; and
35o 39.15' N. lat. 121o 14.45' W. long.
(B) Take of all living marine resources is prohibited.
(66) Piedras Blancas State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
35o 42.85' N. lat. 121o 21.00' W. long.;
35o 42.85' N. lat. 121o 22.85' W. long.; thence southward along the three nautical mile offshore boundary to
35o 39.15' N. lat. 121o 20.90' W. long.; 
35o 39.15' N. lat. 121o 18.50' W. long.; and
35o 42.85' N. lat. 121o 21.00' W. long.
(B) Take of all living marine resources is prohibited except the commercial and recreational take of salmon and albacore. 
(67) Cambria State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
35o 37.10' N. lat. 121o 09.20' W. long.;
35o 37.10' N. lat. 121o 10.70' W. long.;
35o 32.85' N. lat. 121o 06.70' W. long.; and
35o 32.85' N. lat. 121o 05.85' W. long.
(B) The commercial take of all living marine resources is prohibited. Recreational take is allowed.
(68) White Rock (Cambria) State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
35o 32.85' N. lat. 121o 05.85' W. long.;
35o 32.85' N. lat. 121o 06.70' W. long.;
35o 30.50' N. lat. 121o 05.00' W. long.; and
35o 30.50' N. lat. 121o 03.40' W. long.
(B) Take of all living marine resources is prohibited except the commercial take of giant kelp (Macrocystis pyrifera) and bull kelp (Nereocystis spp.) under the following conditions:
1. A kelp harvester with a valid license issued pursuant to Section 165 and holding a valid lease to Administrative Kelp Bed 208 may take no more than 125 tons of kelp from the portion of Administrative Kelp Bed 208 within the White Rock (Cambria) State Marine Conservation Area in any calendar month.
2. Duplicate landing records must be kept on board the harvest vessel in accordance with the requirements of Section 165.
(69) Morro Bay State Marine Recreational Management Area.
(A) This area includes the area below mean high tide within Morro Bay east of the Morro Bay entrance breakwater and west of longitude 120o 50.34' W. 
(B) Recreational hunting of waterfowl is allowed unless otherwise restricted by hunting regulations (sections 502, 550, 551, and 552). 
(C) Take of all living marine resources is prohibited except the following activities are allowed north of latitude 35o 19.70' N:
1. The recreational take of finfish.
2. Aquaculture of oysters, pursuant to a valid State water bottom lease and permit.
3. Storing finfish taken outside the Morro Bay State Marine Recreational Management Area in a receiver for bait purposes.
4. Dredging for the purpose of harbor and channel operations and pursuant to required and valid permits and approvals.
5. Harbor operations and maintenance and cleaning of vessel hulls and other man-made structures, including removal of living marine resources for these purposes.
(70) Morro Bay State Marine Reserve.
(A) This area includes the area below mean high tide line within Morro Bay east of longitude 120o 50.34' W.
(B) Take of all living marine resources is prohibited.
(71) Point Buchon State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
35o 15.25' N. lat. 120o 54.00' W. long.;
35o 15.25' N. lat. 120o 56.00' W. long.;
35o 11.00' N. lat. 120o 52.40' W. long.; and
35o 13.30' N. lat. 120o 52.40' W. long.
(B) Take of all living marine resources is prohibited.
(72) Point Buchon State Marine Conservation Area.
(A) This area is bounded by straight lines connecting the following points in the order listed except where noted:
35o 15.25' N. lat. 120o 56.00' W. long.;
35o 15.25' N. lat. 120o 57.80' W. long.; thence southward along the three nautical mile offshore boundary to
35o 11.00' N. lat. 120o 55.20' W. long.; 
35o 11.00' N. lat. 120o 52.40' W. long.; and
35o 15.25' N. lat. 120o 56.00' W. long.
(B) Take of all living marine resources is prohibited except the commercial and recreational take of salmon and albacore. 
(73) Vandenberg State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
34o 44.65' N. lat. 120o 37.75' W. long.;
34o 44.65' N. lat. 120o 40.00' W. long.;
34o 33.25' N. lat. 120o 40.00' W. long.; and
34o 33.25' N. lat. 120o 37.25' W. long.
(B) Take of all living marine resources is prohibited except take incidental to base operations and commercial space launch operations identified by the Vandenberg Air Force Base Commander as mission critical.
(C) Public Entry. Public entry into the Vandenberg State Marine Reserve may be restricted at the discretion of the department to protect wildlife, aquatic life, or habitat, or by the Commander of Vandenberg Air Force Base to protect and provide safety for base operations. 
(D) The Department shall enter into a Memorandum of Understanding (MOU) with the Commander of Vandenberg Air Force Base for the mutually beneficial management and administration of the Vandenberg State Marine Reserve. The MOU shall include, but not be limited to, the identification of Vandenberg Air Force Base's national defense mission activities that are unrestricted by the subject regulations and details on management and administrative roles and responsibilities.
(74) Point Conception State Marine Reserve. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted: 
34o 27.00' N. lat. 120o 28.28' W. long.; 
34o 27.00' N. lat. 120o 32.15' W. long.; thence southeastward along the three nautical mile offshore boundary to 
34o 23.96' N. lat. 120o 25.00' W. long.; and 
34o 27.19' N. lat. 120o 25.00' W. long. 
(B) Take of all living marine resources is prohibited. 
(75) Kashtayit State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed: 
34o 28.13' N. lat. 120o 14.46' W. long.; 
34o 27.30' N. lat. 120o 14.46' W. long.; 
34o 27.30' N. lat. 120o 12.47' W. long.; and 
34o 28.23' N. lat. 120o 12.47' W. long. 
(B) Take of all living marine resources is prohibited except: 
1. Only the following species may be taken recreationally: finfish [subsection 632(a)(2)], invertebrates except rock scallops and mussels, and giant kelp (Macrocystis pyrifera) by hand harvest. 
2. Take pursuant to activities authorized under subsection 632(b)(75)(C) is allowed. 
(C) Maintenance of artificial structures and operation and maintenance of existing facilities is allowed inside the conservation area pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
(76) Naples State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed: 
34o 26.51' N. lat. 119o 58.00' W. long.; 
34o 25.00' N. lat. 119o 58.00' W. long.; 
34o 25.00' N. lat. 119o 56.00' W. long.; and 
34o 26.13' N. lat. 119o 56.00' W. long. 
(B) Take of all living marine resources is prohibited except: 
1. The recreational take of pelagic finfish [subsection 632(a)(3)], including Pacific bonito, and white seabass by spearfishing [Section 1.76] is allowed. 
2. The commercial take of giant kelp (Macrocystis pyrifera) by hand harvest is allowed, or by mechanical harvest is allowed only under the following condition: 
a. Duplicate landing records must be kept on board the harvest vessel in accordance with the requirements of Section 165. 
3. Take pursuant to activities authorized under subsection 632(b)(76)(C) is allowed. 
(C) Operation and maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
(77) Campus Point State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted: 
34o 25.20' N. lat. 119o 53.60' W. long.; 
34o 21.48' N. lat. 119o 53.60' W. long.; thence eastward along the three nautical mile offshore boundary to 
34o 21.21' N. lat. 119o 50.65' W. long.; and 
34o 24.30' N. lat. 119o 50.65' W. long. 
(B) Take of all living marine resources is prohibited except for take pursuant to activities authorized under subsection 632(b)(77)(C).
(C) Operation and maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
(78) Goleta Slough State Marine Conservation Area. 
(A) This area includes the waters below the mean high tide line within Goleta Slough northward of latitude 34o 25.02' N.
(B) Take of all living marine resources is prohibited except for take pursuant to activities authorized under subsection 632(b)(78)(D).
(C) In waters below the mean high tide line inside the Goleta Slough Ecological Reserve as defined within Section 630, the following restrictions apply:
1. Boating, swimming, wading, and diving are prohibited.
2. No person shall enter this area and remain therein except on established trails, paths or other designated areas except department employees or designated employees of Santa Barbara Airport, City of Santa Barbara, Goleta Sanitary District and Goleta Valley Vector Control District for the purposes of carrying out official duties.
(D) Routine maintenance, dredging, habitat restoration, research and education, maintenance of artificial structures, and operation and maintenance of existing facilities in the conservation area is allowed pursuant to any required federal, state and local permits, or activities pursuant to Section 630, or as otherwise authorized by the department. 
(79) Richardson Rock (San Miguel Island) State Marine Reserve.
(A) This area is bounded by the mean high tide line of Richardson Rock and straight lines connecting the following points in the order listed except where noted:
34o 07.905' N. lat. 120o 28.200' W. long.; 
34o 02.211' N. lat. 120o 28.200' W. long.; 
34o 02.211' N. lat. 120o 31.467' W. long.; thence northward along the three nautical mile offshore boundary to
34o 07.905' N. lat. 120o 28.200' W. long.
(B) Take of all living marine resources is prohibited.
(80) San Miguel Island Special Closure. Special restrictions on boating and access apply to San Miguel Island as follows.
(A) Boating is allowed at San Miguel Island except west of a line drawn between Judith Rock (34o 01.50' N. lat. 120o 25.30' W. long.) and Castle Rock (34o 03.30' N. lat. 120o 26.30' W. long.) where boats are prohibited closer than 300 yards from shore.
1. Notwithstanding the 300-yard boating closure between Judith Rock and Castle Rock, the following shall apply:
a. Boats may approach San Miguel Island no nearer than 100 yards from shore during the period(s) from March 15 through April 30, and October 1 through December 15; and
b. Boats operated by commercial sea urchin divers may enter waters of the 300- yard area between the western boundary of the Judith Rock State Marine Reserve at 120o 26.60' W. long. and Castle Rock for the purpose of fishing sea urchins during the period(s) from March 15 through April 30, and October 1 through December 15.
2. The department may rescind permission for boats to enter waters within 300 yards between Judith Rock and Castle Rock upon finding that impairment to the island marine mammal resource is imminent. Immediately following such closure, the department will request the commission to hear, at its regularly scheduled meeting, presentation of documentation supporting the need for such closure.
(B) Other Requirements:
1. Boats traveling within 300 yards of the shoreline or anchorages shall operate with a minimum amount of noise and shall not exceed speeds of five miles per hour.
2. Except as permitted by federal law or emergency caused by hazardous weather, boats may be anchored overnight only at Tyler Bight and Cuyler Harbor.
3. Landing is allowed on San Miguel Island only at the designated landing beach in Cuyler Harbor.
4. No person shall have access to all other offshore rocks and islands at San Miguel Island.
(81) Harris Point (San Miguel Island) State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
34o 03.160' N. lat. 120o 23.300' W. long.; 
34o 09.285' N. lat. 120o 23.300' W. long.; thence southeastward along the three nautical mile offshore boundary to
34o 06.322' N. lat. 120o 18.400' W. long.; and 
34o 01.755' N. lat. 120o 18.400' W. long. 
(B) Take of all living marine resources is prohibited.
(C) An exemption to the reserve, where commercial and recreational take of living marine resources is allowed, exists between the mean high tide line in Cuyler Harbor and a straight line between the following points:
34o 03.554' N. lat. 120o 21.311' W. long.; and 
34o 02.908' N. lat. 120o 20.161' W. long. 
(82) Judith Rock (San Miguel Island) State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
34o 01.802' N. lat. 120o 26.600' W. long.; 
33o 58.508' N. lat. 120o 26.600' W. long.; thence eastward along the three nautical mile offshore boundary to
33o 58.510' N. lat. 120o 25.300' W. long.; and 
34o 01.618' N. lat. 120o 25.300' W. long. 
(B) Take of all living marine resources is prohibited.
(83) Carrington Point (Santa Rosa Island) State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
34o 01.296' N. lat. 120o 05.200' W. long.; 
34o 04.000' N. lat. 120o 05.200' W. long.; 
34o 04.000' N. lat. 120o 01.000' W. long.; 
34o 00.500' N. lat. 120o 01.000' W. long.; and 
34o 00.500' N. lat. 120o 02.930' W. long. 
(B) Take of all living marine resources is prohibited.
(84) Skunk Point (Santa Rosa Island) State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
33o 59.000' N. lat. 119o 58.808' W. long.; 
33o 59.000' N. lat. 119o 58.000' W. long.; 
33o 57.100' N. lat. 119o 58.000' W. long.; and 
33o 57.100' N. lat. 119o 58.257' W. long. 
(B) Take of all living marine resources is prohibited.
(85) South Point (Santa Rosa Island) State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
33o 55.014' N. lat. 120o 10.000' W. long.
33o 51.506' N. lat. 120o 10.000' W. long.; thence eastward along the three nautical mile offshore boundary to
33o 50.657' N. lat. 120o 06.500' W. long.; 
33o 53.800' N. lat. 120o 06.500' W. long.; and
33o 53.800' N. lat. 120o 06.544' W. long.
(B) Take of all living marine resources is prohibited.
(86) Painted Cave (Santa Cruz Island) State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
34o 04.492' N. lat. 119o 53.000' W. long.; 
34o 05.200' N. lat. 119o 53.000' W. long.; thence eastward along a line one nautical mile offshore to
34o 05.000' N. lat. 119o 51.000' W. long.; and 
34o 04.034' N. lat. 119o 51.000' W. long. 
(B) Take of all living marine resources is prohibited except for the recreational take of lobster and pelagic finfish [subsection 632(a)(3)].
(87) Gull Island (Santa Cruz Island) State Marine Reserve. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points except where noted: 
33o 58.065' N. lat. 119o 50.967' W. long.; 
33o 58.000' N. lat. 119o 51.000' W. long.; 
33o 58.000' N. lat. 119o 53.000' W. long.; 
33o 55.449' N. lat. 119o 53.000' W. long.; thence eastward along the three nautical mile offshore boundary to
33o 54.257' N. lat. 119o 48.000' W. long.; and
33o 57.756' N. lat. 119o 48.000' W. long.
(B) Take of all living marine resources is prohibited.
(88) Scorpion (Santa Cruz Island) State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
34o 02.958' N. lat. 119o 35.500' W. long.; 
34o 06.202' N. lat. 119o 35.500' W. long.; thence eastward along the three nautical mile offshore boundary to
34o 06.245' N. lat. 119o 32.800' W. long.; and 
34o 02.700' N. lat. 119o 32.800' W. long. 
(B) Take of all living marine resources is prohibited.
(89) Anacapa Island Special Closure.
(A) No net or trap may be used in waters less than 20 feet deep off the Anacapa Islands commonly referred to as Anacapa Island.
(B) A brown pelican fledgling area is designated from the mean high tide mark seaward to a water depth of 20 fathoms (120 feet) on the north side of West Anacapa Island between a line extending 000o True off Portuguese Rock (34o 00.91' N. lat. 119o 25.26' W. long.) to a line extending 000o True off the western edge of Frenchy's Cove (34o 00.417' N. lat. 119o 24.600' W. long.), a distance of approximately 4,000 feet. No person except department employees or employees of the National Park Service in the performance of their official duties shall enter this area during the period January 1 to October 31.
(90) Anacapa Island State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
34o 00.828' N. lat. 119o 26.623' W. long.; 
34o 00.800' N. lat. 119o 26.700' W. long.; 
34o 03.940' N. lat. 119o 26.700' W. long.; thence eastward along the three nautical mile offshore boundary to
34o 04.002' N. lat. 119o 24.600' W. long.; and
34o 00.417' N. lat. 119o 24.600' W. long.
(B) Take of all living marine resources is prohibited except for the recreational take of lobster and pelagic finfish [subsection 632(a)(3)] and the commercial take of spiny lobster.
(91) Anacapa Island State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
34o 00.417' N. lat. 119o 24.600' W. long.; 
34o 04.002' N. lat. 119o 24.600' W. long.; thence eastward along the three nautical mile offshore boundary to
34o 04.033' N. lat. 119o 21.400' W. long.; 
34o 01.000' N. lat. 119o 21.400' W. long.; and
34o 00.960' N. lat. 119o 21.449' W. long.
(B) Take of all living marine resources is prohibited.
(92) Footprint (Anacapa Channel) State Marine Reserve.
(A) This area is bounded by the straight lines connecting the following points in the order listed except where noted:
33o 59.300' N. lat. 119o 30.965' W. long.; 
33o 57.510' N. lat. 119o 30.965' W. long.; thence eastward along the three nautical mile offshore boundary to
33o 57.264' N. lat. 119o 25.987' W. long.; 
33o 59.300' N. lat. 119o 25.987' W. long.; and
33o 59.300' N. lat. 119o 30.965' W. long.
(B) Take of all living marine resources is prohibited.
(93) Begg Rock (San Nicolas Island Quad) State Marine Reserve. 
(A) This area includes all state waters below the mean high tide line surrounding Begg Rock, located in the vicinity of 33o 21.71' N. lat. 119o 41.76' W. long. 
(B) Take of all living marine resources is prohibited. 
(94) Santa Barbara Island State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
33o 28.500' N. lat. 119o 01.847' W. long.; 
33o 28.500' N. lat. 118o 58.051' W. long.; thence along the three nautical mile offshore boundary to
33o 24.842' N. lat. 119o 02.200' W. long.; and 
33o 27.973' N. lat. 119o 02.200' W. long. 
(B) Take of all living marine resources is prohibited.
(95) Point Dume State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted: 
34o 02.28' N. lat. 118o 53.00' W. long.; 
33o 59.14' N. lat. 118o 53.00' W. long.; thence southeastward along the three nautical mile offshore boundary to 
33o 56.96' N. lat. 118o 49.20' W. long.; and 
34o 00.76' N. lat. 118o 49.20' W. long. 
(B) Take of all living marine resources is prohibited except: 
1. The recreational take of pelagic finfish [subsection 632(a)(3)], including Pacific bonito, and white seabass by spearfishing [Section 1.76] is allowed. 
2. The commercial take of coastal pelagic species [Section 1.39] by round haul net [Section 8750, Fish and Game Code] and swordfish by harpoon [subsection 107(f)(1)] is allowed. 
3. Take pursuant to activities authorized under subsection 632(b)(95)(C) is allowed. 
(C) Beach nourishment and other sediment management activities are allowed inside the conservation area pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
(96) Point Dume State Marine Reserve. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted: 
34o 00.76' N. lat. 118o 49.20' W. long.; 
33o 56.96' N. lat. 118o 49.20' W. long.; thence eastward along the three nautical mile offshore boundary to 
33o 57.06' N. lat. 118o 47.26' W. long.; and 
34o 01.20' N. lat. 118o 47.26' W. long. 
(B) Take of all living marine resources is prohibited. 
(97) Point Vicente State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted: 
33o 44.80' N. lat. 118o 24.82' W. long.; 
33o 44.80' N. lat. 118o 28.93' W. long.; thence southeastward along the three nautical mile offshore boundary to
33o 41.16' N. lat. 118o 23.80' W. long.; and 
33o 44.19' N. lat. 118o 23.80' W. long. 
(B) Take of all living marine resources is prohibited, except for take pursuant to activities authorized under subsection 632(b)(97)(C). 
(C) Remediation activities associated with the Palos Verdes Shelf Operable Unit of the Montrose Chemical Superfund Site are allowed inside the conservation area pursuant to the Interim Record of Decision issued by the United States Environmental Protection Agency and any subsequent Records of Decision. 
(98) Abalone Cove State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted:
33o 44.19' N. lat. 118o 23.80' W. long.; 
33o 41.16' N. lat. 118o 23.80' W. long.; thence southeastward along the three nautical mile offshore boundary to 
33o 40.85' N. lat. 118o 22.50' W. long.; and 
33o 44.24' N. lat. 118o 22.50' W. long. 
(B) Take of all living marine resources is prohibited except: 
1. The recreational take of pelagic finfish [subsection 632(a)(3)], including Pacific bonito, and white seabass by spearfishing [Section 1.76], and market squid by hand-held dip net [Section 1.42] is allowed. 
2. The commercial take of coastal pelagic species [Section 1.39] and Pacific bonito by round haul net [Section 8750, Fish and Game Code], and swordfish by harpoon [subsection 107(f)(1)] is allowed. 
3. Take pursuant to activities authorized under subsection 632(b)(98)(C) is allowed. 
(C) Remediation activities associated with the Palos Verdes Shelf Operable Unit of the Montrose Chemical Superfund Site are allowed inside the conservation area pursuant to the Interim Record of Decision issued by the United States Environmental Protection Agency and any subsequent Records of Decision. 
(99) Bolsa Bay State Marine Conservation Area.
(A) This area includes the waters below the mean high tide line within Bolsa Bay estuary southward of a line that approximates the Warner Avenue bridge located between the following two points:
33o 42.70' N. lat. 118o 03.63' W. long.; and 
33o 42.70' N. lat. 118o 03.61' W. long.; 
and northward of a line that approximates the pedestrian bridge located between the following two points: 
33o 42.22' N. lat. 118o 03.17' W. long.; and 
33o 42.19' N. lat. 118o 03.18' W. long. 
(B) Take of all living marine resources is prohibited except the recreational take of finfish [subsection 632(a)(2)] by hook and line from shore in designated areas only, or take pursuant to activities authorized under subsection 632(b)(99)(F) is allowed.
(C) Boating, swimming, wading, and diving are prohibited within the conservation area.
(D) No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department or employees of Signal Corporation and its invitees for the purpose of carrying out oil and gas operations, shall enter this conservation area and remain therein except on established trails, paths, or other designated areas.
(E) No person shall enter this conservation area between the hours of 8:00 p.m. and 6:00 a.m.
(F) Routine operation and maintenance, habitat restoration, maintenance dredging, research and education, and maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or activities pursuant to Section 630, or as otherwise authorized by the department. 
(100) Bolsa Chica Basin State Marine Conservation Area. 
(A) This area includes the waters below the mean high tide line within the Bolsa Chica Basin estuary northeastward of the Pacific Coast Highway Bridge, approximated by a straight line between the following two points: 
33o 41.02' N. lat. 118o 02.15' W. long.; and 
33o 40.98' N. lat. 118o 02.11' W. long.; 
and southeastward of a straight line between the following two points: 
33o 42.22' N. lat. 118o 03.17' W. long.; and 
33o 42.19' N. lat. 118o 03.18' W. long. 
(B) Take of all living marine resources is prohibited, except for take pursuant to activities authorized under subsection 632(b)(100)(F). 
(C) Boating, swimming, wading, and diving are prohibited within the conservation area. 
(D) No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department or employees of Signal Corporation and its invitees for the purpose of carrying out oil and gas operations, shall enter this conservation area and remain therein except on established trails, paths, or other designated areas. 
(E) No person shall enter this conservation area between the hours of 8:00 p.m. and 6:00 a.m. 
(F) Routine operation and maintenance, habitat restoration, maintenance dredging, research and education, and maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or activities pursuant to Section 630, or as otherwise authorized by the department. 
(101) Arrow Point to Lion Head Point (Catalina Island) State Marine Conservation Area.
(A) This area is bounded by the mean high tide line to a distance of 1000 feet seaward of the mean lower low tide line of any shoreline southeastward of a line connecting the following two points:
33o 28.660' N. lat. 118o 32.310' W. long.; and 
33o 28.820' N. lat. 118o 32.310' W. long. 
And northwestward of a line connecting the following two points: 
33o 27.240' N. lat. 118o 29.900' W. long.; and 
33o 27.170' N. lat. 118o 30.100' W. long. 
(B) Recreational take of invertebrates is prohibited. Take of other living marine resources is allowed.
(102) Blue Cavern (Catalina Island) State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
33o 25.96' N. lat. 118o 27.00' W. long.; and 
33o 27.50' N. lat. 118o 27.00' W. long; 
33o 27.50' N. lat. 118o 29.30' W. long.; and 
33o 26.64' N. lat. 118o 29.30' W. long. 
(B) Take of all living marine resources is prohibited except for take pursuant to activities authorized under subsections 632(b)(102)(D) and 632(b)(102)(E).
(C) Except as pursuant to Federal law, emergency caused by hazardous weather, or as provided in this section, it is unlawful to anchor or moor a vessel in the Blue Cavern State Marine Conservation Area.
(D) The director of the Blue Cavern State Marine Conservation Area, or any person that the director of the conservation area has authorized may anchor or moor a vessel or take, for scientific purposes, any fish or specimen of marine life under the conditions prescribed in a scientific collecting permit issued by the department.
(E) Maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
(103) Bird Rock (Catalina Island) State Marine Conservation Area. 
(A) This area is bounded by straight lines connecting the following points in the order listed except where noted: 
33o 27.50' N. lat. 118o 27.00' W. long.; 
33o 29.97' N. lat. 118o 27.00' W. long.; thence northwestward along the three nautical mile offshore boundary to 
33o 30.81' N. lat. 118o 29.30' W. long.; 
33o 27.50' N. lat. 118o 29.30' W. long.; and 
33o 27.50' N. lat. 118o 27.00' W. long. 
(B) Take of all living marine resources is prohibited except: 
1. The recreational take of pelagic finfish [subsection 632(a)(3)], including Pacific bonito, by hook and line or by spearfishing [Section 1.76], white seabass by spearfishing [Section 1.76] and market squid by hand-held dip net [Section 1.42] is allowed. 
2. The commercial take of pelagic finfish [subsection 632(a)(3)] by hook and line and swordfish by harpoon [subsection 107(f)(1)] is allowed. 
(104) Long Point (Catalina Island) State Marine Reserve. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed: 
33o 24.38' N. lat. 118o 21.98' W. long.; 
33o 25.50' N. lat. 118o 21.98' W. long.; 
33o 25.50' N. lat. 118o 24.00' W. long.; and 
33o 25.11' N. lat. 118o 24.00' W. long. 
(B) Take of all living marine resources is prohibited. 
(105) Casino Point (Catalina Island) State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed: 
33o 20.90' N. lat. 118o 19.43' W. long.; 
33o 20.90' N. lat. 118o 19.42' W. long.; 
33o 20.92' N. lat. 118o 19.38' W. long.; 
33o 20.95' N. lat. 118o 19.42' W. long.; 
33o 20.97' N. lat. 118o 19.47' W. long.; 
33o 21.00' N. lat. 118o 19.52' W. long.; and 
33o 20.96' N. lat. 118o 19.56' W. long. 
(B) Take of all living marine resources is prohibited, except for take pursuant to activities authorized under subsection 632(b)(105)(C). 
(C) Maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
(D) Feeding of fish for marine life viewing is allowed. 
(106) Lover's Cove (Catalina Island) State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed: 
33o 20.46' N. lat. 118o 18.90' W. long.; 
33o 20.70' N. lat. 118o 18.90' W. long.; and 
33o 20.70' N. lat. 118o 19.31' W. long. 
(B) Take of all living marine resources is prohibited, except for recreational take by hook and line from the Cabrillo Mole or take pursuant to activities authorized under subsection 632(b)(106)(C). 
(C) Maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
(D) Feeding of fish for marine life viewing is allowed. 
(107) Farnsworth (Catalina Island) Onshore State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed: 
33o 21.00' N. lat. 118o 29.08' W. long.; 
33o 21.00' N. lat. 118o 30.00' W. long.; 
33o 19.00' N. lat. 118o 29.00' W. long.; 
33o 19.00' N. lat. 118o 27.90' W. long.; and 
33o19.56' N. lat. 118o 27.90' W. long. 
(B) Take of all living marine resources is prohibited except: 
1. The recreational take of pelagic finfish [subsection 632(a)(3)], including Pacific bonito, and white seabass by spearfishing [Section 1.76], market squid by hand-held dip net [Section 1.42], and marlin, tunas, and dorado (dolphinfish) (Coryphaena hippurus) by trolling [subsection 27.80(a)(3)] is allowed. 
2. The commercial take of coastal pelagic species [Section 1.39] by round haul net [Section 8750, Fish and Game Code] and swordfish by harpoon [subsection 107(f)(1)] is allowed. 
(108) Farnsworth (Catalina Island) Offshore State Marine Conservation Area. 
(A) This area is bounded by straight lines connecting the following points in the order listed except where noted:
33o 21.00' N. lat. 118o 30.00' W. long.; 
33o 21.00' N. lat. 118o 32.88' W. long.; thence southward along the three nautical mile offshore boundary to
33o 19.00' N. lat. 118o 31.98' W. long.; 
33o 19.00' N. lat. 118o 29.00' W. long.; and 
33o 21.00' N. lat. 118o 30.00' W. long. 
(B) Take of all living marine resources is prohibited except: 
1. The recreational take of pelagic finfish [subsection 632(a)(3)], including Pacific bonito, by hook and line or by spearfishing, white seabass by spearfishing [Section 1.76], market squid by hand-held dip net [Section 1.42], and marlin, tunas and dorado (dolphinfish) (Coryphaena hippurus) by trolling [subsection 27.80(a)(3)] is allowed. 
2. The commercial take of coastal pelagic species [Section 1.39] by round haul net [Section 8750, Fish and Game Code], and swordfish by harpoon [subsection 107(f)(1)] only is allowed. 
(109) Cat Harbor (Catalina Island) State Marine Conservation Area. 
(A) This area includes the waters below the mean high tide line on the west side of Catalina Island northward of a straight line connecting Pin Rock (33o 25.50' N. lat. 118o 30.28' W. long.) and Cat Head Point (33o 25.32' N. lat. 118o 30.76' W. long.).
(B) Take of all living marine resources is prohibited except: 
1. The recreational take of finfish [subsection 632(a)(2)] by hook and line or by spearfishing [Section 1.76], squid by hook and line, and lobster and sea urchin is allowed. 
2. The commercial take of sea cucumbers by diving only, and spiny lobster and sea urchin is allowed. 
3. Aquaculture of finfish [subsection 632(a)(2)] pursuant to any required state permits is allowed. 
4. Take pursuant to activities authorized under subsection 632(b)(109)(C) is allowed. 
(C) Maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
(110) Upper Newport Bay State Marine Conservation Area.
(A) This area includes the waters below the mean high tide line within Upper Newport Bay northeastward of Pacific Coast Highway approximated by a line between the following two points:
33o 37.02' N. lat. 117o 54.24' W. long.; 
33o 37.02' N. lat. 117o 54.32' W. long.; and southwestward of Jamboree Road approximated by a line between the following two points: 
33o 39.07' N. lat. 117o 52.02' W. long.; and 
33o 39.03' N. lat. 117o 52.01' W. long. 
(B) Take of all living marine resources is prohibited except the recreational take of finfish [subsection 632(a)(2)] by hook and line from shore only, or take pursuant to activities authorized under subsection 632(b)(110)(D), is allowed.
(C) In waters below the mean high tide line inside the Upper Newport Bay Ecological Reserve, northeastward of a line connecting Shellmaker Island (33o 37.20' N. lat. 117o 53.51' W. long.) and North Star Beach (33o 37.38' N. lat. 117o 53.60' W. long.) the following restrictions apply: 
(1) Swimming is allowed only in the area between North Star Beach and mid-channel.
(2) Boats are limited to speeds less than five miles per hour.
(3) Shoreline access is limited to established trails, paths, or other designated areas.
(D) Maintenance dredging, habitat restoration, research and education programs, maintenance of artificial structures, and operation and maintenance of existing facilities inside the conservation area is allowed pursuant to any required federal, state and local permits, or activities pursuant to Section 630, or as otherwise authorized by the department. 
(111) Crystal Cove State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
33o 35.373' N. lat. 117o 52.648' W. long.; 
33o 35.065' N. lat. 117o 52.692' W. long.; 
33o 32.400' N. lat. 117o 49.200' W. long.; and 
33o 33.233' N. lat. 117o 49.200' W. long. 
(B) Take of all living marine resources is prohibited except:
1. The recreational take of finfish [subsection 632(a)(2)] by hook and line or by spearfishing [Section 1.76], and lobster and sea urchin is allowed. 
2. The commercial take of coastal pelagic species [Section 1.39] by round haul net [Section 8750, Fish and Game Code], spiny lobster by trap, and sea urchin is allowed. 
3. Take pursuant to activities authorized under subsection 632(b)(111)(C) is allowed. 
(C) Beach nourishment and other sediment management activities, and operation and maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
(D) Take of all living marine resources from inside tidepools is prohibited. For purposes of this section, tidepools are defined as the area encompassing the rocky pools that are filled with seawater due to retracting tides between the mean higher high tide line and the mean lower low tide line. 
(112) Laguna Beach State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
33o 33.233' N. lat. 117o 49.200' W. long.; 
33o 30.800' N. lat. 117o 49.200' W. long.;  and 
33o 30.800' N. lat. 117o 45.631' W. long. 
(B) Take of all living marine resources is prohibited.
(113) Laguna Beach State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed: 
33o 30.800' N. lat. 117o 45.631' W. long.; 
33o 30.800' N. lat. 117o 49.200' W. long.; 
33o 30.050' N. lat. 117o 49.200' W. long.; and 
33o 30.050' N. lat. 117o 44.771' W. long. 
(B) Take of all living marine resources is prohibited except take pursuant to activities authorized under subsection 632(b)(113)(C). 
(C) Operation and maintenance of artificial structures and facilities, beach grooming, maintenance dredging, and habitat restoration inside the conservation area is allowed pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
(114) Dana Point State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting and the following points in the order listed:
33o 30.050' N. lat. 117o 44.771' W. long.; 
33o 30.050' N. lat. 117o 46.000' W. long.; 
33o 30.000' N. lat. 117o 46.000' W. long.; 
33o 27.300' N. lat. 117o 43.300' W. long.; 
33o 27.478' N. lat. 117o 42.276' W. long.; and 
33o 27.622' N. lat. 117o 42.425' W. long. 
(B) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally below the mean lower low tide line only: finfish [subsection 632(a)(2)] by hook and line or by spearfishing [Section 1.76], and lobster and sea urchin. 
2. The commercial take of coastal pelagic species [subsection 1.39] by round haul net [Section 8750, Fish and Game Code], and spiny lobster and sea urchin only is allowed.
3. Take pursuant to activities authorized under subsection 632(b)(114)(C) is allowed. 
(C) Operation and maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
(D) Take of all living marine resources from inside tidepools is prohibited. For purposes of this section, tidepools are defined as the area encompassing the rocky pools that are filled with seawater due to retracting tides between the mean higher high tide line and the mean lower low tide line. 
(115) Batiquitos Lagoon State Marine Conservation Area.
(A) This area includes the waters below the mean high tide line within Batiquitos Lagoon eastward of the Interstate Highway 5 Bridge, approximated by a line between the following two points:
33o 05.44' N. lat. 117o 18.12' W. long.; and 
33o 05.46' N. lat. 117o 18.13' W. long. 
(B) Take of all living marine resources is prohibited except for take pursuant to activities authorized under subsection 632(b)(115)(D).
(C) Boating, swimming, wading, and diving are prohibited within the conservation area.
(D) Operation and maintenance, habitat restoration, research and education, maintenance dredging and maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or activities pursuant to Section 630, or as otherwise authorized by the department. 
(116) Swami's State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted: 
33o 02.900' N. lat. 117o 17.927' W. long.; 
33o 02.900' N. lat. 117o 21.743' W. long.; thence southward along the three nautical mile offshore boundary to 
33o 00.000' N. lat. 117o 20.398' W. long.; and 
33o 00.000' N. lat. 117o 16.698' W. long.; thence northward along the mean high tide line onshore boundary to 
33o 00.962' N. lat. 117o 16.850' W. long.; and 
33o 00.980' N. lat. 117o 16.857' W. long. 
(B) Take of all living marine resources is prohibited except: 
1. Recreational take by hook and line from shore is allowed. 
2. The recreational take of pelagic finfish [subsection 632(a)(3)], including Pacific bonito, and white seabass by spearfishing [Section 1.76] is allowed. 
3. Take pursuant to activities authorized under subsection 632(b)(116)(C) is allowed. 
(C) Beach nourishment and other sediment management activities and operation and maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
(117) San Elijo Lagoon State Marine Conservation Area.
(A) This area includes the waters below the mean high tide line within San Elijo Lagoon southeastward of a straight line between the following two points:
33o 00.980' N. lat. 117o 16.857' W. long.; and 
33o 00.962' N. lat. 117o 16.850' W. long. 
(B) Take of all living marine resources is prohibited except for take pursuant to activities authorized under subsection 632(b)(117)(D).
(C) Boating, swimming, wading, and diving are prohibited within the conservation area.
(D) Operation and maintenance, maintenance dredging, habitat restoration including sediment deposition, research and education, and maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or activities pursuant to Section 630, or as otherwise authorized by the department. 
(118) San Dieguito Lagoon State Marine Conservation Area.
(A) This area consists of waters below the mean high tide line within the San Dieguito Lagoon Ecological Reserve.
(B) Take of all living marine resources is prohibited except the recreational take of finfish by hook and line from shore and the Grand Avenue bridge.
(C) Boating, swimming, wading, and diving are prohibited within the conservation area.
(D) No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, shall be permitted on the California least tern nesting island.
(E) No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, shall enter this conservation area between 8:00 p.m. and 5:00 a.m.
(F) The County of San Diego, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment.
(G) Collections of fish, wildlife, water and soil may be made by the department for the purposes of fish and wildlife management or by San Diego County for the purposes of water quality testing and vector control.
(119) San Diego-Scripps Coastal State Marine Conservation Area.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
32o 53.000' N. lat. 117o 15.166' W. long.; 
32o 53.000' N. lat. 117o 16.400' W. long.; 
32o 51.964' N. lat. 117o 16.400' W. long.; and 
32o 51.964' N. lat. 117o 15.233' W. long. 
(B) Take of all living marine resources is prohibited except the recreational take of coastal pelagic species [Section 1.39], except market squid, by hook and line only and take pursuant to activities authorized under subsection 632(b)(119)(D) is allowed.
(C) Licensees of the Regents of the University of California and all officers, employees, and students of such university may take, for scientific purposes, invertebrates, fish, or specimens of marine plant or algae under the conditions prescribed in a scientific collecting permit issued by the department.
(D) Operation and maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
(120) Matlahuayl State Marine Reserve.
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
32o 51.964' N. lat. 117o 15.233' W. long.; 
32o 51.964' N. lat. 117o 16.400' W. long.; and 
32o 51.067' N. lat. 117o 16.400' W. long. 
(B) Take of all living marine resources is prohibited.
(C) Boats may be launched and retrieved only in designated areas and may be anchored within the reserve only during daylight hours.
(121) South La Jolla State Marine Reserve. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed: 
32o 49.573' N. lat. 117o 16.781' W. long.; 
32o 49.573' N. lat. 117o 19.000' W. long.; 
32o 47.945' N. lat. 117o 19.000' W. long.; and 
32o 47.945' N. lat. 117o 15.495' W. long. 
(B) Take of all living marine resources is prohibited. 
(122) South La Jolla State Marine Conservation Area. 
(A) This area is bounded by straight lines connecting the following points in the order listed except where noted: 
32o 49.573' N. lat. 117o 19.000' W. long.; 
32o 49.573' N. lat. 117o 20.528' W. long.; thence southward along the three nautical mile offshore boundary to 
32o 47.945' N. lat. 117o 20.068' W. long.; 
32o 47.945' N. lat. 117o 19.000' W. long.; and 
32o 49.573' N. lat. 117o 19.000' W. long. 
(B) Take of all living marine resources is prohibited except the recreational take of pelagic finfish [subsection 632(a)(3)], including Pacific bonito, by hook and line only is allowed. 
(123) Famosa Slough State Marine Conservation Area. 
(A) This area includes the waters below the mean high tide line within Famosa Slough estuary southward of the San Diego River channel, located at approximately 32o 45.43' N. lat. 117o 13.75' W. long. 
(B) Take of all living marine resources is prohibited except for take pursuant to activities authorized under subsection 632(b)(123)(C). 
(C) Habitat restoration, maintenance dredging and operation and maintenance of artificial structures is allowed inside the conservation area pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
(124) Cabrillo State Marine Reserve. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed: 
32o 40.60' N. lat. 117o 14.82' W. long.; 
32o 40.60' N. lat. 117o 15.00' W. long.; 
32o 39.70' N. lat. 117o 15.00' W. long.; 
32o 39.70' N. lat. 117o 14.30' W. long.; and 
32o 40.00' N. lat. 117o 14.30' W. long. 
(B) Take of all living marine resources is prohibited. 
(125) Tijuana River Mouth State Marine Conservation Area. 
(A) This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed except where noted: 
32o 34.00' N. lat. 117o 07.98' W. long.; 
32o 34.00' N. lat. 117o 09.00' W. long.; 
32o 31.97' N. lat. 117o 09.00' W. long.; thence eastward along the U.S./Mexico Border to
32o 32.06' N. lat. 117o 07.48' W. long. 
(B) Take of all living marine resources is prohibited except: 
1. The recreational take of coastal pelagic species [Section 1.39], except market squid, by hand-held dip net [Section 1.42] only is allowed. 
2. The commercial take of coastal pelagic species [Section 1.39], except market squid, by round haul net [Section 8750, Fish and Game Code] only is allowed. 
3. Take pursuant to activities authorized under subsection 632(b)(125)(C) is allowed. 
(C) Beach nourishment and other sediment management activities and operation and maintenance of artificial structures inside the conservation area is allowed pursuant to any required federal, state and local permits, or as otherwise authorized by the department. 
NOTE

Authority cited: Sections 200, 202, 203.1, 205(c), 219, 220, 1590, 1591, 2860, 2861 and 6750, Fish and Game Code; and Sections 36725(a) and 36725(e), Public Resources Code. Reference: Sections 200, 202, 203.1, 205(c), 219,  220, 1580, 1583, 2861, 5521, 6653, 8420(e) and 8500, Fish and Game Code; and Sections 36700(e), 36710(e), 36725(a) and 36725(e), Public Resources Code.
HISTORY

1. New section filed 3-10-2003; operative 4-9-2003 (Register 2003, No. 11).
2. Amendment of section and Note filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
3. Amendment filed 11-2-2005; operative 11-2-2005 pursuant to Fish and Game Code section 215 (Register 2005, No. 44). 
4. Amendment of section heading, subsections (b), (b)(72) and (b)(72)(A), new subsections (b)(72)(A)1.-2. and amendment of Note filed 10-19-2006; operative 10-19-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 42).
5. Amendment of section heading, section and Note filed 8-22-2007; operative 9-21-2007 (Register 2007, No. 34).
6. Amendment of subsections (b)(58)(A), (b)(60)(A), (b)(60)(C), (b)(61)(A), (b)(62)(A), (b)(63)(A), (b)(64)(A), (b)(65)(A), (b)(66)(A), (b)(67)(A), (b)(68)(B), (b)(69)(A) and (b)(70)(A), new subsections (b)(71)-(b)(71)(B), subsection renumbering and amendment of newly designated subsection (b)(73)(A) filed 12-17-2007; operative 12-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
7. New subsections (b)(51)(C)4.-5. and amendment of subsections (b)(89)(C)-(G) filed 3-18-2009; operative 4-17-2009 (Register 2009, No. 12).
8. Amendment filed 4-27-2010; operative 5-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 18). 
9. Editorial correction of History 8 (Register 2010, No. 26).
10. New subsections (b)(11)-(b)(11)(B), subsection renumbering, amendment of newly designated subsections (b)(12)(A), (b)(13)(A), (b)(16)(A), (b)(30)(B)-(D), (b)(33)(B)-(C) and (b)(107)(F) filed 7-19-2010 as an emergency; operative 7-19-2010 (Register 2010, No. 30). A Certificate of Compliance must be transmitted to OAL by 1-17-2011 or emergency language will be repealed by operation of law on the following day.
11. New subsections (b)(11)-(b)(11)(B), subsection renumbering, amendment of newly designated subsections (b)(12)(A), (b)(13)(A), (b)(16)(A), (b)(30)(B)-(D), (b)(33)(B)-(C) and (b)(107)(F) refiled 1-12-2011 as an emergency; operative 1-18-2011 pursuant to Government Code section 11346.1(d) (Register 2011, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-18-2011 or emergency language will be repealed by operation of law on the following day.
12. Editorial correction of subsection (b)(13)(A) (Register 2011, No. 20).
13. Certificate of Compliance as to 1-12-2011 order, including further amendment of subsection (b)(11)(B), transmitted to OAL 4-8-2011 and filed 5-19-2011 (Register 2011, No. 20).
14. Amendment of subsections (b)(33) and (b)(33)(B), new subsections (b)(33)(B)1.-(b)(33)(C)2., subsection relettering and amendment of newly designated subsection (b)(33)(D) filed 6-13-2011; operative 7-13-2011 (Register 2011, No. 24).
15. Amendment filed 12-8-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 49). 
Chapter 12. Management of Fish and Wildlife on Military Lands
§640. Management of Fish and Wildlife on Military Lands.
Note     •     History

(a) Agreements: Pursuant to the provisions of Section 3450-3453 of the Fish and Game Code, the department may enter into agreements with the United States Department of Defense to provide for the development and administration of fish and wildlife management plans and programs on military installations. Such plans and programs shall be designed to provide biologically optimum levels of fish and wildlife resource management and use compatible with the primary military use of those lands. Military lands covered by such agreements shall not be available to the general public without the consent of the commanding officer responsible for such military lands.
(b) Military Lands Fish and Wildlife Management Plan: A fish and wildlife management plan shall be submitted to the department in writing, pursuant to agreements of Section 640(a). Upon the department's approval, the plan shall be submitted to the Commission for concurrence at the next scheduled meeting. The management plan shall include, but not be limited to the following information:
(1) A statement of management objectives;
(2) A description of the area;
(3) A description of the fish and wildlife resources and a statement on the condition of the habitat;
(4) A discussion of the appropriative and non-appropriative use of the resources; and
(5) A discussion of the projects on the area to improve habitat for fish and wildlife.
(c) Annual Review: The department shall annually review the implementation of the provisions of the management plan for each participating military installation and report its findings to the Commission annually at its February meeting. The Director of the department shall be informed annually prior to December 1 or any proposed modification of the management plan for the following calendar year. Such proposals shall include any request for the adoption of hunting and fishing regulations which may differ from those proposed by the department of the lands adjacent to the specified military installation. The department shall forward such proposals to the Commission within 60 days. Such requests shall include the following information:
(1) Species to be regulated;
(2) Proposed harvest regimes including areas, seasons, bag and possession limits and special conditions;
(3) Opportunities available to the general public, if any; and
(4) Biological data to support proposed regulations.
(d) Records: Records of the number and species of animals harvested pursuant to the management plan shall be maintained and this information shall be submitted to the department by December 1 of each year.
(e) Termination of Agreement: The commanding officer of a participating military installation or the department may terminate any agreement provided for herein upon 30 days' written notice to the Commission.
NOTE

Authority cited: Sections 3452 and 3453, Fish and Game Code. Reference: Sections 3450-3453, Fish and Game Code.
HISTORY

1. New Chapter 12 (Section 640) filed 3-4-87; effective thirtieth day thereafter (Register 87, No.10). 
Subdivision 3. General Regulations
Chapter 1. Collecting Permits
§650. Scientific Collecting Permits.
Note     •     History

(a) General. Except as otherwise provided, it is unlawful to take or possess marine plants, live or dead birds, mammals, fishes, amphibians, or reptiles for scientific, educational, or propagation purposes except as authorized by a permit issued by the department. Notwithstanding Fish and Game Code Section 86, take includes capturing, marking, and releasing any animal. 
Persons taking a rare, threatened, or endangered PLANT species are exempt from this permit but must obtain a RARE, THREATENED, AND ENDANGERED PLANT COLLECTING PERMIT. Forms are available from the Department of Fish and Game, 1416 Ninth Street, Sacramento, California 95814.
(1) The department may authorize and limit the kind and number of specimens that may be taken, the type of equipment and methods used, the time and seasons for take, and the areas where take may occur.
(2) The permittee shall carry the permit and any amendments at all times when conducting any activity authorized by the permit.
(3) The department may amend the conditions of a permit at any time.
(4) No person shall take any threatened, endangered, or fully protected animal except persons who have a valid Memorandum of Understanding in writing with the department. Any such wildlife inadvertently taken shall be immediately released at the site of capture except migratory birds may be banded with a federal leg band before release.
(b) Issuance of Permits. The department may issue permits to take wildlife and marine plants for bona fide scientific, educational, or propagation purposes to:
(1) Employees of local, state and federal agencies who take specimens in connection with their official duties.
(2) Faculty, professional staff, college level students of, or individuals hired by; public or private companies, educational institutions, zoological gardens or aquariums, in or out of state. 
Note: See Fish and Game Code sections 3039, 4005, and 7850 concerning restrictions and additional licenses required for taking fish and wildlife for commercial purposes.
(3) Individuals who take wildlife or marine plants for other permittees or pursuant to environmental protection documents required by law.
(4) Individuals who possess a valid federal Bird Marking and Salvage Permit. Holders of this federal permit are not required to obtain a state permit to take migratory birds, other than raptorial birds.
(c) Applicant Qualifications and Requirements. Individuals who take wildlife or marine plants for use by schools, museums, and other organizations shall submit a written statement signed by a minimum of two faculty members of the institution verifying the take is required by the institution.
(1) Students required to take wildlife or marine plants for educational purposes shall submit proof of sponsorship from a faculty member requiring the take.
(2) Persons who take birds protected by the U.S. Migratory Bird Treaty Act must also possess all required federal permits.
(3) A permit shall not be issued to anyone under 18 years of age to mark birds except for students at the college level who must mark birds to meet an educational curriculum requirement and who have obtained the sponsorship of an instructor in such curriculum.
(d) Marking. Mark means any activity which results in placement of a color dye or other identifying device on an animal.
(e) Application. Each person must submit a completed application on SCIENTIFIC COLLECTING PERMIT APPLICATION, Form FG1379 (5/95), which is incorporated by reference herein. Application forms are available from the Department of Fish and Game, 3211 “S” Street, Sacramento, California 95816.
(f) Permit Revocation. The department may revoke, suspend or decline to renew a permit for failure to comply with the provisions of a permit or failure to comply with these regulations. Any person whose permit is denied, revoked, or suspended may request a hearing before the commission to appeal the department's decision.
(g) Permit Nontransferable. Permits are not transferable. Persons may assist the permittee if the permittee is present and overseeing the activities.
(h) Notification of Department Required Prior to Taking Specimens. Before taking any wildlife or marine plants, the permittee shall notify the department office designated in the permit and provide the following information; name and permit number; date, time and location of take; species, gear to be used, vehicle description, and number of persons in party. Such notification may be given by letter, telephone or personal contact. The department may require a minimum time for providing the advance notification as a condition of the permit.
(i) Reporting of Specimens Taken. Permittees shall submit a completed report of activities within 30 days of expiration of the permit except the department may waive the reporting requirements. The waiver shall be in writing.
(1) The department shall accept the report in any of the following formats:
(A) Written on REPORT OF SPECIMENS COLLECTED, Form FG1379a (10/95), which is incorporated by reference herein, or;
(B) Written as a SPECIAL REPORT as designated in the conditions of the permit, or;
(C) Electronically in a format and to an address specified by the department, or;
(D) As otherwise required in writing by the department.
(2) No permit will be renewed unless the completed report is received by the department within 30 days of the expiration date of the permit, or as directed in writing by the department.
(3) Reports of wildlife or marine plants taken after submission of application for renewal shall be included in the next year's report.
(4) A permittee who instructs a commercial fishing class shall submit the report for the entire class. The report shall show the total number of each species of fish taken, the amount of fish sold and the price received therefor, the amount of fish donated to charitable institutions, and the name and address of such institutions. Students enrolled in commercial fishing classes shall not be required to submit an annual report.
(j) Inspection. Employees of the department or sponsors of permittees may inspect any collection at any time to determine whether or not the permittee is complying with the regulations.
(k) Disposition of Specimens. The department may restrict the use and disposition of all wildlife taken under authority of a permit.
(l) Possession of Dead Wildlife. The following are not required to possess a permit for accidentally killed and legally acquired wildlife; government accredited schools that are open to the public, government agencies, federally recognized native American groups, institutions or organizations engaged in bona fide scientific study of native wildlife if the specimens are readily available for use or viewing by the general public on a regular basis, any person or group with a valid permit issued by the federal government authorizing possession of specific wildlife, and nationally constituted youth organizations which have the study of native wildlife as an integral part of their national program. This exemption does not apply to accidentally killed big game mammals or to any threatened, rare, endangered or fully protected species.
(1) Records. The person who has the chief authority to act for any group, agency, or institution listed in section 650(b) shall maintain a permanent written record of the date of acquisition, the name and address of the person donating wildlife, how it was acquired, the species, sex, and number of animals, and the city and street address of the storage site. All records and wildlife must be maintained within California and shall be presented immediately to any employee of the department upon request.
(2) Transportation. Wildlife possessed pursuant to section 650(b) may not be transported from the storage site unless accompanied by a written document describing the animal or part thereof, listing the name of the person who has temporary possession, the purpose, and the date to be returned. The authorization must be written on organization letterhead, dated, and signed by the chief administrative officer.
(3) Ownership. All accidentally killed wildlife remains the property of the state and must be disposed of as directed by the department.
NOTE

Authority cited: Sections 200, 203, 205, 301, and 1907, Fish and Game Code. Reference: Sections 355, 356, 1002, 1050, 1054.2, 1700, 1755, 1802, 1907, 2001, 2080, 2081, 3503, 3503.5, 3511, 3800, 4150 and 4700, Fish and Game Code.
HISTORY

1. New subsection (a)(8) filed 1-16-74; effective thirtieth day thereafter (Register 74, No. 3). For prior history, see Register 70, No. 50.
2. Repealer and new section filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
3. Order of Repeal of last sentence of first paragraph of subsection (g) and subsection (l) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
4. Repealer and new section filed 6-18-96; operative 7-18-96 (Register 96, No. 25).
§650.5. Frogs. [Repealed]
Note     •     History

NOTE

Authority cited: Section 7709, Fish and Game Code.
HISTORY

1. New section filed 6-3-70 as an emergency; effective upon filing. Certificate of Compliance included (Register 70, No. 23).
2. Correctory amendment filed 6-19-70 (Register 70, No. 23).
3. Repealer filed 4-13-72; effective thirtieth day thereafter (Register 72, No. 16). 
§651. Commercial Take of Native Reptiles and Amphibians for Scientific or Educational Institutions.
Note     •     History

(a) Native reptiles and amphibians may be sold to scientific or educational institutions only by owners of biological supply houses who have been issued a permit by the department for such purposes.
(1) Permits shall be issued on an annual basis, commencing April 1 of each year, and expiring on March 31 of the following year, or for the unexpired portion of any permit year commencing April 1.
(2) To defray costs incurred in the administration of these regulations, a fee of $50 shall be paid to the department by each applicant upon the filing of an application for a permit.
(3) Applications for a permit to sell native reptiles and amphibians to scientific or educational institutions shall be submitted on forms provided by the department. Applications shall be accompanied by a copy of applicable city or county business permits, and shall include a list of employees or agents authorized by the supply house owner to collect native reptiles or amphibians for the supply house, pursuant to these regulations.
(b) Field Collecting Permit. Native reptiles and amphibians may be taken for sale to scientific or educational institutions only by owners of biological supply houses who have been issued a permit by the department pursuant to subsection (a) above, and by authorized employees or agents of such biological supply houses, only under authority of a field collecting permit issued by the department.
(1) The department may issue a field collecting permit to an owner of a biological supply house upon receipt by the department of the original copy of a written request for purchase from a faculty or staff member of a scientific or educational institution, accompanied by a statement from the supply house owner indicating (A) the name of the owner, authorized employees, or agents who will collect the specimens requested; (B) the species and number of each species the owner or each employee or agent will collect; and (C) the estimated beginning and ending dates of such collecting.
(2) The field collecting permit shall indicate the names of those authorized to collect the specimens requested by the scientific or educational institution.
(3) The field collecting permit shall indicate the maximum number of each species requested by the scientific or educational institution that the supply house is authorized to collect and possess.
(4) The field collecting permit shall indicate the inclusive dates during which collecting of the specimens requested by the scientific or educational institution is authorized, and the date by which such specimens shall be shipped.
(5) Specimens collected pursuant to a field collecting permit may be held only on the premises of a biological supply house following expiration of the authorized collecting period, but shall not be held on the premises of the supply house later than the authorized shipping deadline.
(c) Each owner, employee, or agent of a biological supply house collecting under authority of this section, shall have in his possession, in addition to his own copy of a field collecting permit, a copy of the permit issued to the biological supply house pursuant to Section 651(a) of these regulations, and, if amphibians are to be collected, a valid commercial fishing license.
(d) Each owner, employee, or agent of a biological supply house collecting under authority of a field collecting permit shall collect only those species and numbers authorized by the field collecting permit. Any species possessed in the field that is not authorized by the field collecting permit shall be considered to have been collected for commercial purposes and shall be a violation of these regulations.
(e) Delivery.
(1) All deliveries or shipments of reptiles or amphibians taken under authority of this section shall be accompanied by the original copy of the field collecting permit issued to the supply house owner. Shipments via the U.S. Postal Service or private carrier shall have this document attached to the outside of the shipping container, which shall be labeled: “Live Reptiles/Amphibians--Handle With Care.”
(2) Possession by the scientific or educational institution of the original copy of the field collecting permit, which accompanies the shipment or delivery of the reptiles or amphibians taken pursuant to this section, shall constitute authority for the scientific or educational institution to possess the specimens purchased pursuant to this section.
(f) Methods of Take.
(1) Amphibians shall be taken only by hand or by a dip net.
(2) Reptiles shall be taken only by hand or by the following hand-operated devices: (A) Lizard nooses, (B) Snake tongs, (C) Snake hooks.
(3) It is unlawful to use crowbars, tire irons, jackhammers, winches, explosive devices, or any other method or means of collecting that involves removal or breaking apart of rocks, granite flakes, or other shelters in or about which reptiles or amphibians may be found.
(4) It is unlawful to take reptiles or amphibians by means of pit-traps or can-traps.
(g) Closures.
(1) No reptiles or amphibians may be taken from within the boundaries of State Parks or National Parks or Monuments, including public roadways therein.
(2) No reptiles or amphibians may be taken from within the boundaries of ecological reserves designated by the Commission, including public roadways therein.
(3) No garter snakes (Thamnophis sp.) may be taken in San Mateo County.
(h) The supply house owner shall be responsible for compliance by its employees or agents with these regulations. The department may refuse to authorize owners, employees, or agents of biological supply houses to collect or sell native reptiles or amphibians upon conviction of a violation of these regulations by a court of competent jurisdiction.
(i) Any permit issued pursuant to these regulations may be cancelled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction.
NOTE

Authority cited: Sections 1002, 5061, 6851 and 6896, Fish and Game Code. Reference: Sections 1002, 5050, 5060, 5061, 6850, 6852, 6854-6855, 6895 and 6896, Fish and Game Code.
HISTORY

1. New section filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24). For history of former section, see Register 70, No. 35.
2. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
3. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
§652. Special Regulations Pertaining to Collecting of Birds, Their Nests and Eggs, and Mammals. [Repealed]
Note     •     History

NOTE

Authority cited: Section 1002, Fish and Game Code. Reference: Section 1002, Fish and Game Code.
HISTORY

1. New Section 800.1 filed 4-1-53; effective thirtieth day thereafter (Register 53, No. 6).
2. Renumbered from former Section 800.1 (Register 59, No. 9).
3. Amendment filed 10-18-63; effective thirtieth day thereafter (Register 63, No. 18).
4. Repealer filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
§653. Marking Birds for Scientific Purposes. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 1002 and 1050, Fish and Game Code. Reference: Sections 1002 and 1050, Fish and Game Code.
HISTORY

1. Amendment of subsection (b) filed 4-11-78; effective thirtieth day thereafter (Register 78, No. 15). For prior history, see Register 77, No. 12.
2. Amendment filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
3. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
4. Amendment of subsection (b) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
5. Repealer filed 6-18-96; operative 7-18-96 (Register 96, No. 25).
§654. Permits for Possession of Protected Species of Wild Animals for Exhibition Purposes.
Note     •     History

(a) Disposition of live or dead protected species of wild animals acquired by the department in its operations or enforcement of the fish and game laws may be made by issuing free permits for the possession of such wild animals to public zoological gardens, scientific or educational institutions for exhibition purposes.
(b) Permits for the possession of migratory birds as defined by the Migratory Bird Treaty Act are void unless accompanied by a permit issued by the U.S. Fish and Wildlife Service.
(c) Permits are not transferable.
(d) Employees of the department may inspect wildlife species possessed under authority of this permit at any time to determine whether or not such wildlife species are properly housed and cared for.
(e) The commission may revoke the permit for violation of its terms or of any fish and game law or upon the recommendation of the department when such wildlife specimens are not properly housed, exhibited or cared for.
NOTE

Authority cited: Section 1002, Fish and Game Code. Reference: Sections 1002, 1050 and 5050, Fish and Game Code.
HISTORY

1. New section filed 11-19-63; effective thirtieth day thereafter Register 63, No. 23).
2. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No.29).
3. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
4. Amendment of subsection (a) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
§655. Permits to Take Seals and Sea Lions. [Repealed]
Note     •     History

NOTE

Authority cited: Section 1002, Fish and Game Code. Reference: Section 1002, Fish and Game Code.
HISTORY

1. Amendment of subsection (f)(9) filed 6-8-72; effective thirtieth day thereafter (Register 72, No. 24). For prior history, see Register 71, No. 22.
2. Repealer filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
§656. Permits to Take Beaver or Bear in a Refuge.
Note     •     History

The department may issue a free permit to take beaver or bear within a refuge under the following conditions:
(a) Applications to take beaver or bear shall be filed with the department and shall show:
(1) Name and address of applicant.
(2) Name of refuge involved.
(3) The approximate number of animals to be taken.
(4) Such other pertinent data as the department may require.
(b) All permits shall be for a stated period of time not to exceed six months.
(c) No permit shall be issued unless the department is satisfied that damage is presently occurring or is immediately threatened.
(d) During the first two weeks of January of each year, each permittee shall submit to the department report of specimens taken during the preceding calendar year and no new permit shall be issued until such a report has been received.
(e) The commission may revoke a permit for violation of the terms of the permit.
(f) Any applicant convicted of violating these regulations or the terms and conditions of his permit must appear before the Fish and Game Commission before his permit may be reinstated or a new permit issued to him.
NOTE

Authority cited: Sections 4009.5, 10500 and 10502, Fish and Game Code. Reference: Sections 3950, 4000, 4009.5, 10500, 10508-10510, 10513, 10770-10771, 10820-10838 and 10841-10843, Fish and Game Code.
HISTORY

1. New section filed 6-30-66; effective thirtieth day thereafter (Register 66, No. 20).
2. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
3. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
4. Amendment of undesignated first paragraph filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
§657. Permits to Land California Caught Fish at Points Outside of California. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 7891, Fish and Game Code. Reference: Section 7891, Fish and Game Code.
HISTORY

1. New section filed 7-31-68; effective thirtieth day thereafter (Register 68, No. 29).
2. Renumbering of Section 657 to Section 105.1 filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
§658. Commercial Take of Bullfrogs (Rana Catesbeiana) for Sale to Scientific or Educational Institutions.
Note     •     History

(a) Permit Required of Supplier. Permits shall be issued only to qualified scientific supply houses which sell bullfrogs to bona fide scientific or educational institutions. Such supply houses shall be responsible for compliance by its employees with these regulations. The commission shall approve the qualifications of applicants under this section, and the department shall issue the permit following approval by the commission. See subsection 699(b) of these regulations for the fee for this permit.
(b) Market Order Issued by Supplier. A qualified scientific supply house shall issue a market order to each employee before that employee collects bullfrogs Each market order shall specify the exact number of bullfrogs to be collected, the collecting locality, and the dates, not to exceed seven (7) consecutive days, required for the employee to fill that order.
(c) Licenses and Permits Required of Employees. Each employee who collects bullfrogs for a qualified scientific supply house shall have a commercial fishing license and a scientific collecting permit issued by the department. Each boat used for this purpose shall be registered as a commercial fishing vessel.
(d) Market Order in Possession of Employees. Each employee shall have a market order in his possession when bullfrogs are being collected. No bullfrogs in excess of the numbers specified on the market order may be taken or possessed by the employee of a qualified scientific supply house.
(e) Commercial Fishing Reports Required. The commercial fishing provisions of the Fish and Game Code shall apply to the take of bullfrogs.
(f) Closed Areas. No bullfrogs may be taken for sale north of Interstate 80 in the Valley Sportfishing District described in section 12.00, title 14, California Administrative Code.
(g) Open Areas and Seasons. Bullfrogs may be taken for sale for scientific or educational purposes only in the following sportfishing districts or parts thereof, and only during the specified dates, except as provided in subsection (h):
(1) Southern District as described in section 6.00, title 14, CAC-August 1 through November 30.
(2) Colorado River District as described in section 7.00, title 14, CAC-August 1 through November 30.
(3) South of Interstate 80 in the Valley District as described in section 12.00, title 14, CAC, and in the remainder of the state-May 1 through November 30.
(h) The department may issue permits to owners of biological supply houses to collect bullfrogs during the closed season, but only for sale to a bona fide scientific or educational institution as determined by the department. The supply house owner shall submit a written request to the department for the permit. An original letter, under the scientific or educational institution's letterhead and from a staff or faculty member requesting the purchase of a stated number of bullfrogs, shall accompany the request.
(i) Restricted Sale. Except for bullfrogs sold, leased, or rented for use in frog jumping contests as defined in Fish and Game Code section 6880, bullfrogs taken under authority of a permit issued pursuant to this section may be sold only to bona fide scientific or educational institutions and may be used only for scientific or educational purposes, and may not be sold, purchased, or traded for any other use.
(j) Delivery of Bullfrogs. A licensed employee shall deliver or ship all captured bullfrogs to the premises of the scientific supply house.
(k) Bullfrog Capture Methods. Bullfrogs may be captured only by hand. No spears, gigs, hooks, or other devices which might injure bullfrogs may be used.
(l) Application Requirements. Permit applications shall be submitted on forms furnished by the department. They may be filed with the department at any time. Application for renewal of a permit for the following calendar year may be filed concurrently with the annual report in December.
(m) Notification of Warden. Before collecting bullfrogs, the supplier shall notify a warden in the area where the employee wishes to collect. Such notification may be given by letter, telephone, or personal contact and shall include the canals and exact location on each of entry and departure, the dates of collection, and approximate length of time during which collecting is to be done. The employee shall carry his commercial fishing license, scientific collecting permit and market order at all times when collecting. These documents and specimens shall be shown upon demand to any person authorized by the department to enforce the provisions of the Fish and Game Code or regulation made pursuant thereto.
(n) Cancellation and Suspension of Permits. Any permit may be cancelled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction.
NOTE

Authority cited: Sections 205, 1002, 6851, 6896, 7121 and 7709, Fish and Game Code. Reference: Sections 1002, 6851, 7121 and 7709, Fish and Game Code.
HISTORY

1. Amendment of subsection (d) filed 4-13-72; effective thirtieth day thereafter (Register 72, No. 16). For prior history, see Register 71, No. 41.
2. Amendment filed 6-6-74; effective thirtieth day thereafter (Register 74, No. 23).
3. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
4. Amendment of subsections (f) and (g) filed 6-4-82; effective thirtieth day thereafter (Register 82, No. 23).
5. Order of Repeal of subsection (e) filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
6. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
7. Amendment filed 9-8-86; effective thirtieth day thereafter (Register 86, No. 37).
8. Amendment of subsection (a) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
9. Amendment of subsection (i) and Note filed 1-25-95; operative 2-24-95 (Register 95, No. 4).
Chapter 2. Commission
§660. Election of Commission Officers.
Note     •     History

It is the intent of the commission to provide protection from external influences of its operation and administration and decision-making processes. The commission finds that the choice of its president and vice president should be free of external influences. The commission further finds the selection of officers by seniority advances this goal.
(a) The president and vice president of the commission shall be elected annually, for a one-year term. The election shall take place at the February meeting, to take effect immediately. The president shall be the most senior member and the vice president shall be the next most senior member. Where the member declines to serve as president or vice president, the next most senior member shall be elected to that office.
(b) Seniority shall be the time served in his or her current term. In the case of two members with the same time of service in the current term, the member with the longer total time of service shall be the senior member.
(c) No member shall serve as either President or Vice President for more than two consecutive terms. Where such a member has served two consecutive terms, the next most senior member shall be elected to that office, and the next most senior member shall be deemed the next in seniority.
NOTE

Authority cited: Section 102, Fish and Game Code. Reference: Section 102, Fish and Game Code.
HISTORY

1. Amendment of chapter 2 heading and new section filed 10-5-98; operative 11-4-98 (Register 98, No. 41). For prior history of chapter 2 (sections 660-662), see Register 67, No. 50.
§660.1. Annual Certification and Report on Status of Resources.
Note     •     History

Pursuant to the Constitution of the State of California, the Legislature has delegated powers to the Fish and Game Commission relating to the protection and propagation of fish and wildlife resources for the use and enjoyment of future generations. In accordance with these mandates, it is the policy of the Fish and Game Commission that:
The Department shall annually report to the Commission on the relative status of California's fish and wildlife resources with emphasis on those resources estimated to be at marginal or low levels. The Department shall identify management options, particularly for those resources that have declined to such a level that focused efforts are needed for recovery. In odd-numbered years, the Department shall report on the status of fish at the October meeting of the regulation-setting process of Section 206, Fish and Game Code. In even-numbered years, the Department shall report on the status of birds and mammals at the April meeting of the regulation-setting process prescribed by sections 207 and 208 of said Code. In satisfying this requirement, the Department may submit status reports that it prepares to satisfy other statutory requirements.
In conjunction with information provided by the Department, the Commission may solicit funds from private sources to provide for independent studies as needed, subject to approval by the Director of Finance pursuant to Government Code sections 11005 and 11005.1, and any funds received shall be designated for the benefit of the Status of the Resources Report Fund, pursuant to Government Code Section 16302. Such funds may also be used to help support the Department's resource monitoring and management programs or for peer review of scientific reports related to resource assessment.
Annually, based upon the best scientific information, the Commission shall certify the relative status of California's fish and wildlife resources. The Commission shall then prepare a report on the status of the State's resources for presentation to the Senate Resources & Wildlife Committee and the Assembly Water, Parks & Wildlife Committee.
NOTE

Authority cited: Section 703, Fish and Game Code. Reference: Section 703, Fish and Game Code.
HISTORY

1. New section filed 10-29-99; operative 11-28-99 (Register 99, No. 44).  
Chapter 3. Miscellaneous
§670. Practice of Falconry.
Note     •     History

(a) General Provisions. No person shall engage in any falconry activity except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of the Interior pursuant to the Migratory Bird Treaty Act and published in Title 50, Code of Federal Regulations (CFR), Part 21 (Revised 9/14/89) are hereby incorporated and made a part of these regulations. Federal regulations shall be made available upon request from the Department of Fish and Game License and Revenue Branch, 3211 S. Street, Sacramento, Ca 95816.
(b) Take of Game or Nongame Birds or Mammals.
Any person using raptors to take game or nongame birds or mammals shall abide by all laws and regulations related to hunting, including but not limited to licenses, seasons, bag limits, and hunting hours. Any protected bird or mammal inadvertently taken by a raptor must be removed from the raptor, as soon as practical, and left at the site.
(c) Additional State Regulations. State regulations included herein complement current federal regulations and are cross-referenced by use of the respective federal Title 50 CFR section numbers boldfaced and placed in parentheses.
(1) LICENSING.
(A) Application for License. The department shall provide information on application procedures. This information may be obtained by contacting the department (address given in subsection (a) above).
(B) Co-sign Requirement. (Section 21.28 CFR)
Persons under the age of 18 shall have a parent or guardian co-sign their license application.
(C) Substitution of Experience. (Section 21.29 CFR) The department shall consider an applicant's experience acquired in another state or country when evaluating an application for any class of license.
(D) Application Fee. In addition to the fee required by Fish and Game Code Section 396, the department shall charge an application fee. The base fee for this application is $7.50 as of January 1, 1993 (Note: This fee shall be charged effective July 7, 1993) and shall be adjusted annually per Fish and Game Code Section 713.
(E) Examination Requirement. (Section 21.29 CFR)
1. Minimum Score. Persons applying for their first license or for renewal of a license that expired prior to January 1, 1978, must correctly answer at least 80% of the questions on an examination provided and administered by the department.
2. Reexamination for Failing Score. (Section 21.29 CFR) Any applicant who fails to pass the examination may take another examination no earlier than three months from the date of the prior examination.
3. Substitutions of Passing Score from Another State. (Section 21.29 CFR) Applicants who provide documentation of having successfully passed a federally approved examination in a state listed in Section 21.29(k), CFR, will not be required to take the test.
(F) Classes of Licenses. (Section 21.29 CFR) Licenses will be issued in three classes, apprentice, general, and master, only to persons who meet all requirements and qualifications described in these regulations. The department may issue the class of license equal to that of the most recent license issued to a person from a state listed in Section 21.29(k), CFR.
(G) Suspension, Revocation or Denial of License. (Section 21.29 CFR) The department may suspend, revoke, or deny issuance or renewal of any falconry license if the applicant or licensee either fails to comply with any requirement of these regulations or has been convicted of a violation of any falconry regulations, including such regulations of a state listed in Section 21.29(k), CFR. For the purpose of this subsection, violation of a general hunting regulation is not a violation of a falconry regulation. An applicant or licensee whose license has been suspended, revoked, or denied may appeal to the Commission.
(H) Notification of Termination of Sponsorship. (Section 21.29 CFR) A sponsor shall immediately notify the department in writing (address given in subsection (a) above) in the event of termination of sponsorship for a licensee. The person requiring the sponsor shall acquire a new sponsor within 60 days of the receipt of the notification by the department. Failure to comply with this subsection will result in loss of qualifying time from the date sponsorship was terminated and no subsequent license will be issued until all requirements have been fulfilled.
(I) Report Requirement for Apprentices. (Section 21.29 CFR) Apprentice licensees must complete and submit a report of progress on a form approved by the department (FG 362 (9/95), which is incorporated by reference herein). This report must be signed and dated by both the licensee and sponsor. The report will be used to determine qualifying experience for future licenses.
(J) Department Inspection and Approval of Equipment and Housing. (Section 21.29 CFR) The equipment and housing required by these regulations shall be inspected and approved by the department prior to the issuance of a license, except the department may authorize a sponsor to inspect and certify that the equipment and housing of apprentice applicants meets or exceeds the minimum standards required by these regulations. Equipment or housing that does not meet the minimum standards required by these regulations shall not be certified by a sponsor. The department may enter the premises of any licensee at any reasonable hour to inspect all housing, equipment, or raptors possessed by the licensee, or to inspect, audit, or copy any permit, book, or record required to be kept by these regulations.
(2) AUTHORIZATION.
(A) Authorization of Licensed Nonresidents. (Section 21.29 CFR) Nonresidents licensed to practice falconry in a state listed in Section 21.29(k), CFR, are authorized to practice falconry in California. Citizens from another country are authorized to practice falconry in California only in accordance with a permit issued by the U.S. Fish and Wildlife Service. (See subsection (c)(2)(F) below for importation).
(B) Nonresident License Not Valid for Resident. (Section 21.29 CFR) Residents are not authorized to possess raptors or practice falconry by a license issued by another state or country.
(C) Temporary Transfer of Raptor. (Section 21.29 CFR) Any licensee who allows another person to temporarily possess any raptor as authorized by sections 21.28(d)(6) and 21.29(j)(4), CFR, shall mail a copy of completed federal Form 3-186A and a copy of the statement authorizing temporary possession to the department (address given in subsection (a) above) on the day the bird is transferred.
(D) Apprentice Restriction. (Section 21.29 CFR) Except as provided in subsection (c)(2)(E) below, apprentice licensees may only take or possess American kestrels (Falco sparverius) or red-tailed hawks (Buteo jamaicensis).
(E) Possession of Captive Bred Raptors from Rehabilitation Facilities. (Section 21.29 CFR) All licensees may possess and use birds acquired from department approved rehabilitation facilities or legally acquired captive bred birds.
(F) Importation of Raptors. (Section 21.29 CFR) Licensees may import raptors for falconry only if they submit written authority to export raptors from the originating state or country with the department's copy of federal Form 3-186A. Nonresident licensees from a state listed in Section 21.29(k), CFR, and resident licensees who take their birds out of state and are returning to California, are exempt from this requirement. Citizens from another country may import raptors under the authority of a permit issued by the federal government, (see Section 21.29 CFR).
(G) Possession of Infertile Eggs. (Section 21.29 CFR) Infertile eggs laid by a licensee's bird may be possessed if the licensee notifies the department (address given in subsection (a) above), in writing within 48 hours after the egg is laid.
(3) BANDING.
(A) Prohibition of Removal of Bands. (Section 21.29 CFR) Raptor bands may not be removed from raptors except by a department employee or a person authorized by the department. The loss or removal of any band must be reported to the issuing office on federal Form 3-186A within five (5) working days of the loss or removal of the band.
(B) Prohibition on Defacing Band. (Section 21.29 CFR) The alteration, counterfeiting or defacing of a band is prohibited except that licensees may remove the rear tab or may smooth any imperfect surface provided the integrity of the band and numbering are not affected.
(4) TAKING.
(A) Possession of Valid Falconry License Required For Take. (Section 21.29 CFR) Only persons with a valid falconry license in possession may take a raptor from the wild. Raptors may not be taken in any state or national park. (Nonresidents see subsection (c)(4)(B) below for additional requirements)
(B) Nonresident Provisions. (Section 21.29 CFR) Nonresidents licensed to practice falconry in a state listed in Section 21.29(k), CFR, shall apply to the department (address given in subsection (a) above) for a permit to take raptors in California. Application shall be made on form FG 364 (1/96), (Request for Capture), which is incorporated by reference herein, and which shall be provided by the department upon request. If unsuccessful, the permit (form FG 364a (1/96), which is incorporated by reference herein) shall be returned to the department within five days after the expiration date (address given in subsection (a) above). The fee for the permit is $182.00 per bird as adjusted annually pursuant to Section 713 of the Fish and Game Code. Nonresidents shall only take raptors from the wild in accordance with the conditions of the permit.
Reporting Take Location. Permittee shall notify the department within 5 days of take of a bird from the wild, on form FG 364a (1/96), provided by the department. Such notification  shall include the county of take and a description of the site in Township, Range, and Section format. A copy of a topographic map, with the capture site clearly indicated, shall be mailed to the department at the address indicated on the form (address given in subsection (a) above) within 14 days of take. The location reporting requirement is for all species listed in subsection (c)(4)(C) below, except red-tailed hawk, American kestrel, and great horned owl.
(C) Raptors Approved for Take From the Wild. (Section 21.29 CFR) Only the following raptors may be taken from the wild: Northern goshawk (Accipiter gentilis) (also see subsection (c)(4)(D) below), Cooper's hawk (A. cooperii), sharp-shinned hawk (A. striatus), red-tailed hawk (Buteo jamaicensis), ferruginous hawk (B. regalis), merlin (Falco columbarius), American kestrel (F. sparverius), prairie falcon (F. mexicanus) and great horned owl (Bubo virginianus).
Reporting Take Location. Permittee shall notify the department within 5 days of take of a bird from the wild, on form FG 363 (9/95), which is incorporated by reference herein, provided by the department. Such notification  shall include the county of take and a description of the site in Township, Range, and Section format. A copy of a topographic map, with the capture site clearly indicated, shall be mailed to the department at the address indicated on the form (address given in subsection (a) above) within 14 days of take. The location reporting requirement is for all species listed in subsection (c)(4)(C) below, except red-tailed hawk, American kestrel, and great horned owl.
(D) Prohibition on Take of Northern Goshawks. (Section 21.29 CFR) Northern goshawks may not be taken from the wild at any time in the Lake Tahoe Basin as described below:
Those portions of Placer, El Dorado, and Alpine counties lying within a line beginning at the north end of Lake Tahoe, at the California-Nevada state line approximately four miles north of Stateline Point in the near vicinity of Mt. Baldy; westerly along the Tahoe Divide between the Lake Tahoe and Truckee River drainages to the intersection of the north line of Section 36, T17N, R17E, MDM; west along said north section line to the section corner common to section 25, 26, 35, and 36, T17N, R17E, MDM; south approximately one mile along the common section line; southwesterly to the intersection of the Tahoe Divide and Highway 267 in the near vicinity of Brockway Summit; southwesternly in the near vicinity of the Tahoe Divide to Mt. Pluto; south to Mt. Watson; westerly approximately two miles to Painted Rock; southerly approximately two miles along the Tahoe Divide to the intersection of Highway 89; southwesterly along the Tahoe Divide to Ward Peak; southerly approximately 30 miles along the Tahoe Divide to a point on the Echo Lakes Road; southeasterly along said road to Old Highway 50; southeasterly along Old Highway 50 to the intersection of the Echo Summit Tract Road; southerly along said road to Highway 50; easterly along Highway 50 to the intersection of the South Echo Summit Tract Road; southerly along said road to the Tahoe Divide; southerly along the Tahoe Divide past the Alpine county line to Red Lake Peak; northerly along the Tahoe Divide past Monument Peak to the California-Nevada state line; north on the state line to the point of beginning. NOTE: the area described above includes the entire basin of Lake Tahoe within California. The geographic boundary of the Lake Tahoe basin is also an area encompassed by the Lake Tahoe Basin Management Unit which is administered by the U.S. Forest Service. The Forest Service office is located in South Lake Tahoe, and maps depicting the boundary may be purchased there or obtained by mail. For ordering information call (916) 573-2600.
(E) Approved Methods of Take. (Section 21.29 CFR) Raptors may be taken by trap or net which do not injure the birds. All snare type traps must be attended at all times. All other traps must be identified with the name and address of the licensee and checked at least once every 12 hours.
(F) Eyas Bird Restriction. (Section 21.29 CFR) Eyas birds may be taken only by general or master licensees, and only from May 20 through July 15. No more than two eyas birds may be taken by the same licensee in any one year. In no case may all eyas birds be taken from any one nest. At least one eyas shall be left in a nest at all times.
(G) Passage Bird Restriction. (Section 21.29 CFR). Passage birds may only be taken from October 1 through January 31, except that a legally marked raptor which was lost or escaped may be taken at any time.
(H) Definition of Replacement Period. (Section 21.29 CFR) The 12 month period for replacing birds begins on March 1, of each year.
NOTE

Authority cited: Sections 200, 395, 1050 and 2120, Fish and Game Code. Reference: Sections 395, 713, 1050 and 1054.5, Fish and Game Code.
HISTORY

1. Amendment of subsection (d) filed 8-6-82; effective thirtieth day thereafter (Register 82, No. 32). For prior history, see Register 81, No. 45.
2. Editorial correction of subsection (b)(4)(C) filed 7-29-85; effective thirtieth day thereafter (Register 85, No. 31).
3. Amendment of subsections (a), (c), (d), (l) and (o) filed 1-31-86; effective upon filing pursuant to Government Code section 11346.2(d) (Register 86, No. 5).
4. Amendment of subsection (c) filed 8-12-87; operative 9-11-87 (Register 87, No. 33).
5. Amendment of subsections (e) and (l) filed 7-28-88; operative 8-27-88 (Register 88, No. 32).
6. Amendment of subsection (c) and Note filed 6-30-92; operative 7-30-92 (Register 92, No. 27).
7. Amendment filed 7-7-93; operative 7-7-93 (Register 93, No. 28).
8. Change without regulatory effect amending subsections (c)(1)(A), (G), and (H),  (c)(2)(A), (C), (D), and  (G),  (c)(4)(A) and (C) and Note filed 9-8-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 37).
9. Amendment of subsections (c)(1)(I) and (c)(4)(B), (C), and (D) filed 4-21-94; operative 4-21-94 (Register 94, No. 16).
10. Change without regulatory effect amending subsections (a), (c)(1)(A), (c)(1)(I), (c)(2)(G), (c)(4)(B) and (c)(4)(C) filed 4-4-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
§670.1. Listing of Endangered and Threatened Species.
Note     •     History

(Note: These regulations were drafted to provide a petition form and rules and procedures governing the submission and review of petitions for listing, uplisting, downlisting and delisting of endangered and threatened species of plants and animals. The intent of the 1994 amendments is a smoother and more effective implementation of the California Endangered Species Act (CESA) through procedural clarity. While these amendments generally follow the chronology of the CESA statutes, they do not recreate each procedural step of the statutes in regulations.)
Pursuant to Sections 2071 and 2071.5 of the Fish and Game Code, the following rules and procedures shall govern the submission and review of petitions for listing, uplisting, downlisting and delisting of threatened or endangered species:
(a) Petition Requirement. Every person recommending that a species or subspecies be added to or removed from the State listing of endangered and threatened plants and animals or be changed in status (endangered to threatened or threatened to endangered) must submit a petition to the Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244-2090. Only petitions submitted on an authorized petition form (PETITION TO THE STATE OF CALIFORNIA FISH AND GAME COMMISSION, FGC-670.1 (3/94), which is incorporated by reference herein), available at the Commission office and offices of the Department of Fish and Game, will be considered by the Commission.
(b) Review of Petition for Completeness. An incomplete petition shall be returned to the petitioner by the commission staff within 10 days of receipt. A petition shall be deemed incomplete if it is not submitted on FGC-670.1 (3/94) or fails to contain information in each of the required categories set forth in subsection (d)(1).
(c) Notice of Receipt of Petition. Pursuant to Section 2073.3 of the Fish and Game Code, the commission staff shall submit a notice of receipt of an accepted petition to the Office of Administrative Law, for publication in the California Regulatory Notice Register, at the time the petition is transmitted to the department for evaluation. Notice of the receipt of a petition submitted by the department shall be submitted to the Office of Administrative Law for publication upon receipt. Notices shall contain the date and location of the Commission meeting at which the petition is scheduled for receipt.
(d) Department Initial Evaluation of Petition. (90-Day Review)
(1) Sufficient Scientific Information. The department's evaluation report, required pursuant to Section 2073.5 of the Fish and Game Code, shall contain an evaluation of whether or not the petition provides sufficient scientific information on the following petition components of Section 2072.3 of the Fish and Game Code to indicate that the petitioned action may be warranted:
(A) population trend;
(B) range;
(C) distribution;
(D) abundance;
(E) life history;
(F) kind of habitat necessary for survival;
(G) factors affecting the ability to survive and reproduce;
(H) degree and immediacy of threat;
(I) impact of existing management efforts;
(J) suggestions for future management;
(K) availability and sources of information; and
(L) a detailed distribution map.
(e) Consideration of Petition by Commission (rejection or acceptance).
(1) Rejection of Petition by Commission. Pursuant to Section 2074.2 of the Fish and Game Code, a petition will be rejected by the commission if it fails to include sufficient scientific information under the categories of Section 2072.3 of Fish and Game Code (subsections (d)(1)(A) through (L) above) that the petitioned action may be warranted. If the commission finds that the petition does not provide sufficient information to indicate that the petitioned action may be warranted, a notice of finding that the petition is rejected, including the reason for objections, will be published in the California Regulatory Notice Register.
(2) Acceptance of Petition by Commission. If the commission finds that the petition provides sufficient information to indicate that the petitioned action may be warranted, a notice of finding that the petition is accepted for consideration will be published in the California Regulatory Notice Register. If the petitioned action is to add a species to the threatened or endangered species list, the notice will declare the species a candidate.
(f) Department Review of Candidate Species. Pursuant to Section 2074.6 of the Fish and Game Code, within 12 months of the date of publication of notice of acceptance of a petition for consideration by the commission, the department shall provide a written report to the commission, based upon the best scientific information available to the department. This report shall indicate whether or not the petitioned action is warranted.
(1) Recommendations for Management and Recovery. Pursuant to Section 2074.6 of the Fish and Game Code, the department's status report shall contain a preliminary identification of the habitat which may be essential to the continued existence of the species and recommendations for management activities and other recommendations for recovery of the species.
(2) Solicitation of Data and Comments. In satisfying the requirements of Section 2074.4 of the Fish and Game Code, the department shall solicit both existing data on the candidate species from independent sources and comments on the petitioned action. During the status review period the department shall seek independent and competent peer review of the department status report whenever possible. For purposes of these regulations, peer review is defined as the analysis of a scientific report by persons of the scientific/academic community commonly acknowledged to be experts on the subject under consideration, possessing the knowledge and expertise to critique the scientific validity of the report. The department shall include in the status report a listing of the individuals and agencies that were given  an opportunity to review the status report prior to its submittal to the commission. Any comments received shall also be included in the status report.
(3) Review Period for Department-Initiated Petitions. When a department-initiated petition is accepted by the commission for consideration, commission staff shall schedule receipt of the department's report prepared pursuant to Section 2074.6 of the Fish and Game Code for a commission meeting no sooner  than 90 days from the date the notice of candidate species is published in the California Regulatory Notice Register.
(g) Receipt of Department's Status Report and Scheduling of Finding Hearing.
(1) Commission Meetings for Receipt of Report and Making of Finding. The commission shall receive the department's status report at a regularly scheduled meeting and provide for final consideration of the petition at the next scheduled meeting. Agendas for both of these meetings shall be distributed to all individuals requesting such notification.
(2) Upon Receipt by the Commission Office, Availability of Status Report. The Department's status report shall be made available for public review.
(h) Submission of Reports by Interested Parties During the Department's Review Period of Candidate Species.
(1) Time of Submission. Public comments, including critiques, rebuttals or comments on the petition or on the department's status review report, may be submitted in writing to the commission office or presented as oral or written testimony at the finding hearing on the petition. Interested parties who wish to submit a detailed written scientific report to the commission on the petitioned action must submit such report not later than the time the department submits its report pursuant to Section 2074.6 of the Fish and Game Code. Detailed scientific reports received after the department submits its review report may not be considered. The department shall provide interested parties with a preliminary estimation of the date the status review report will be submitted to the commission. Such estimations will be provided only upon written request and shall not obligate the department to submit the report at the time identified. The department shall reserve the right to submit the report at a later or earlier date. If, however, the report will be submitted appreciably earlier or later than the estimated date, the department shall notify those who made written requests at the earliest possible time. (Parties planning to submit scientific reports are encouraged to coordinate with the department during its review period and to share scientific information useful to the department in its review.)
(2) Solicitation of Comments. Interested individuals who wish to submit a detailed scientific report pursuant to subsection 670.1(h)(1) above may seek independent and competent peer review of this report prior to submission. All comments from the reviewers shall be included with the report to verify that peer review has been solicited. Failure to obtain peer review of privately prepared detailed scientific reports may be a factor considered by the Commission in its final determination on the petition.
(3) Availability of Detailed Scientific Report from Interested Individuals. Detailed scientific reports from private individuals shall be made available for public review upon receipt by the Commission office.
(i) Final Consideration of Petition by Commission. (Action warranted or not warranted.)
(1) Petition Action Warranted.
(A) Listing. A species shall be listed as endangered or threatened, as defined in sections 2062 and 2067 of the Fish and Game Code, if the Commission determines that its continued existence is in serious danger or is threatened by any one or any combination of the following factors:
1. Present or threatened modification or destruction of its habitat;
2. Overexploitation;
3. Predation;
4. Competition;
5. Disease; or
6. Other natural occurrences or human-related activities.
(B) Delisting. A species may be delisted as endangered or threatened, as defined in sections 2062 and 2067 of the Fish and Game Code, if the Commission determines that its continued existence is no longer threatened by any one or any combination of the factors provided in subsection (i)(1)(A) above.
1. Status During Delisting Process. A threatened or endangered species petitioned for delisting shall retain its listed status throughout the delisting process.
2. Removal of Species. After the commission has determined that the petitioned action is warranted, a delisted species shall retain its listed status until 30 days after the Office of Administrative Law has approved the associated rulemaking file and filed the regulation change with the Secretary of State.
(C) Uplisting and Downlisting. A threatened species may be uplisted to endangered if its continued existence throughout all or a significant portion of its range is in serious danger of becoming extinct by any one or any combination of the factors listed in subsection (i)(1)(A) above. An endangered species may be downlisted to threatened if it is no longer in serious danger of becoming extinct but special protection and management are still required because of continued threats to its existence by any one or any combination of the factors listed in subsection (i)(1)(A) above.
(2) Petitioned Action Not Warranted. The commission shall enter its findings in the public records and the subject species shall revert to its status prior to the filing of the petition.
(j) Submission of Regulatory Document. The department shall prepare an Initial Statement of Reasons for Regulation Change (also called Pre-publication of Notice Statement), including an assessment of the potential for adverse economic impact pursuant to Government Code Sections 11346.5 and 11346.53, when listing, delisting or change in status is recommended in the Department's report prepared pursuant to subsection (f) of this section. This document shall be submitted to the commission staff at the commission meeting after final consideration of the petition if the commission makes a finding that the petitioned action is warranted.
NOTE

Authority cited: Sections 2071 and 2071.5, Fish and Game Code. Reference: Sections 2062, 2067, 2071, 2071.5, 2072, 2072.3, 2072.7, 2073.3, 2073.5, 2074.2, 2074.4, 2074.6 and 2075.5, Fish and Game Code.
HISTORY

1. New sections filed 5-30-86; effective thirtieth day thereafter (Register 86, No. 22).
2. Amendment of subsection (a) filed 8-31-90; operative 9-30-90 (Register 90, No. 42). 
3. Amendment of section and Note filed 8-29-94; operative 9-28-94 (Register 94, No. 35).
§670.2. Plants of California Declared to Be Endangered, Threatened or Rare.
Note     •     History

The following species, subspecies and varieties of California native plants are hereby declared to be endangered, threatened (as defined by section 2067 of the Fish and Game Code) or rare (as defined by section 1901 of the Fish and Game Code), as indicated:
(a) Endangered:
(1) Agavaceae (Agave Family)
(A) Nolina interrata (Dehesa nolina)
(2) Amaryllidaceae (Amaryllis Family)
(A) Brodiaea coronaria ssp. rosea (Indian Valley brodiaea)
(B) Brodiaea filifolia (thread-leaved brodiaea)
(C) Brodiaea insignis (Kaweah brodiaea)
(D) Brodiaea pallida (Chinese Camp brodiaea)
(3) Apiaceae (Carrot Family)
(A) Eryngium aristulatum var. parishii (San Diego button-celery)
(B) Eryngium constancei (Loch Lomond button-celery)
(C) Eryngium racemosum (Delta button-celery)
(4) Asteraceae (Sunflower Family)
(A) Baccharis vanessae (Encinitas baccharis)
(B) Blennosperma bakeri (Sonoma sunshine)
(C) Cirsium ciliolatum (Ashland thistle)
(D) Cirsium fontinale var. fontinale (fountain thistle)
(E) Cirsium fontinale var. obispoense (Chorro Creek bog thistle)
(F) Eriophyllum latilobum (San Mateo woolly sunflower)
(G) Helianthus niveus ssp. tephrodes (Algodones Dunes sunflower)
(H) Deinandra conjugens (Otay tarplant)
(I) Deinandra increscens ssp. villosa (Gaviota tarplant)
(J) Deinandra mohavensis (Mojave tarplant)
(K) Holocarpha macradenia (Santa Cruz tarplant)
(L) Lasthenia burkei (Burke's goldfields)
(M) Layia carnosa (beach layia)
(N) Lessingia germanorum (San Francisco lessingia)
(O) Pentachaeta bellidiflora (white-rayed pentachaeta)
(P) Pentachaeta lyonii (Lyon's pentachaeta)
(Q) Pseudobahia bahiifolia (Hartweg's golden sunburst)
(R) Pseudobahia peirsonii (San Joaquin adobe sunburst)
(5) Berberidaceae (Barberry Family)
(A) Berberis nevinii (Nevin's barberry)
(B) Berberis pinnata ssp. insularis (island barberry)
(6) Boraginaceae (Borage Family)
(A) Amsinckia grandiflora (large-flowered fiddleneck)
(B) Plagiobothrys diffusus (San Francisco popcorn-flower)
(7) Brassicaceae (Mustard Family)
(A) Arabis macdonaldiana (McDonald's rock cress)
(B) Caulanthus californicus (California jewel-flower)
(C) Erysimum capitatum var. angustatum (Contra Costa wallflower)
(D) Erysimum menziesii (Menzies's wallflower)
(E) Erysimum teretifolium (Santa Cruz wallflower)
(F)  subumbellata (Tahoe yellow cress)
(G) Streptanthus niger (Tiburon jewel-flower)
(H) Thelypodium stenopetalum (slender-petaled thelypodium)
(8) Cactaceae (Cactus Family)
(A) Opuntia basilaris var. treleasei (Bakersfield cactus)
(9) Campanulaceae (Bellflower Family)
(A) Downingia concolor var. brevior (Cuyamaca Lake downingia)
(10) Caryophyllaceae (Pink Family)
(A) Arenaria paludicola (marsh sandwort)
(B) Silene campanulata ssp. campanulata (Red Mountain catchfly)
(11) Chenopodiaceae (Goosefoot Family)
(A) Atriplex tularensis (Bakersfield smallscale)
(B) Nitrophila mohavensis (Amargosa nitrophila)
(12) Convolvulaceae (Morning-glory Family) 
(A) Calystegia stebbinsii (Stebbins's morning-glory)
(13) Crassulaceae (Stonecrop Family)
(A) Dudleya brevifolia (short-leaved dudleya)
(B) Dudleya traskiae (Santa Barbara Island dudleya)
(C) Sedella leiocarpa (Lake County stonecrop)
(14) Cupressaceae (Cypress Family)
(A) Cupressus abramsiana (Santa Cruz cypress)
(15) Cyperaceae (Sedge Family)
(A) Carex albida (white sedge)
(16) Ericaceae (Heath Family)
(A) Arctostaphylos densiflora (Vine Hill manzanita)
(B) Arctostaphylos hookeri ssp. hearstiorum (Hearst's manzanita)
(C) Arctostaphylos hookeri ssp. ravenii (Presidio manzanita)
(D) Arctostaphylos imbricata (San Bruno Mountain manzanita)
(E) Arctostaphylos pacifica (Pacific manzanita)
(F) Arctostaphylos pallida (pallid manzanita)
(G) Ornithostaphylos oppositifolia (Baja California birdbush)
(17) Fabaceae (Pea Family)
(A) Astragalus agnicidus (Humboldt milk-vetch)
(B) Astragalus lentiginosus var. sesquimetralis (Sodaville milk-vetch)
(C) Astragalus magdalenae var. peirsonii (Peirson's milk-vetch)
(D) Astragalus pycnostachyus var. lanosissimus (Ventura marsh milk-vetch)
(E) Astragalus tener var. titi (coastal dunes milk-vetch)
(F) Lotus argophyllus var. adsurgens (San Clemente Island bird's-foot trefoil)
(G) Lotus argophyllus var. niveus (Santa Cruz Island bird's-foot trefoil)
(H) Lotus dendroideus var. traskiae (San Clemente Island lotus)
(I) Lupinus nipomensis (Nipomo Mesa lupine)
(J) Lupinus tidestromii var. tidestromii (Tidestrom's lupine)
(K) Trifolium trichocalyx (Monterey clover)
(18) Hydrophyllaceae (Waterleaf Family)
(A) Eriodictyon altissimum (Indian Knob mountainbalm)
(19) Lamiaceae (Mint Family)
(A) Acanthomintha duttonii (San Mateo thorn-mint)
(B) Acanthomintha ilicifolia (San Diego thorn-mint)
(C) Monardella linoides ssp. viminea (willowy monardella)
(D) Pogogyne abramsii (San Diego mesa mint)
(E) Pogogyne clareana (Santa Lucia mint)
(F) Pogogyne nudiuscula (Otay Mesa Mint)
(20) Liliaceae (Lily Family)
(A) Fritillaria roderickii (Roderick's fritillary)
(B) Lilium occidentale (western lily)
(C) Lilium pardalinum ssp. pitkinense (Pitkin Marsh lily)
(21) Limnanthaceae (False Mermaid Family)
(A) Limnanthes douglasii var. sulphurea (Point Reyes meadowfoam)
(B) Limnanthes floccosa ssp. californica (Butte County meadowfoam)
(C) Limnanthes gracilis var. parishii (Parish's meadowfoam)
(D) Limnanthes vinculans (Sebastopol meadowfoam)
(22) Linaceae (Flax Family)
(A) Hesperolinon didymocarpum (Lake County western flax)
(23) Malvaceae (Mallow Family)
(A) Malacothamnus clementinus (San Clemente Island bush mallow)
(B) Malacothamnus fasciculatus var. nesioticus (Santa Cruz Island bush mallow)
(C) Sidalcea covillei (Owens Valley checkerbloom)
(D) Sidalcea oregana ssp. valida (Kenwood Marsh checkerbloom)
(E) Sidalcea pedata (bird-foot checkerbloom)
(F) Sidalcea stipularis (Scadden Flat checkerbloom)
(24) Onagraceae (Evening-primrose Family)
(A) Clarkia franciscana (Presidio clarkia)
(B) Clarkia imbricata (Vine Hill clarkia)
(C) Clarkia lingulata (Merced clarkia)
(D) Clarkia springvillensis (Springville clarkia)
(E) Oenothera deltoides ssp. howellii (Antioch dunes evening-primrose)
(25) Poaceae (Grass Family)
(A) Dichanthelium lanuginosum var. thermale (Geysers dichanthelium) 
(B) Neostapfia colusana (Colusa grass)
(C) Orcuttia californica (California Orcutt grass)
(D) Orcuttia inaequalis (San Joaquin Valley Orcutt grass)
(E) Orcuttia pilosa (hairy Orcutt grass)
(F) Orcuttia tenuis (slender Orcutt grass)
(G) Orcuttia viscida (Sacramento Orcutt grass)
(H) Poa napensis (Napa blue grass)
(I) Tuctoria mucronata (Crampton's tuctoria)
(26) Polemoniaceae (Phlox Family)
(A) Eriastrum densifolium ssp. sanctorum (Santa Ana River woollystar)
(B) Navarretia leucocephala ssp. plieantha (many-flowered navarretia)
(C) Phlox hirsuta (Yreka phlox)
(27) Polygonaceae (Buckwheat Family)
(A) Chorizanthe orcuttiana (Orcutt's spineflower)
(B) Chorizanthe parryi var. fernandina (San Fernando Valley spineflower)
(C) Chorizanthe valida (Sonoma spineflower)
(D) Dodecahema leptoceras (slender-horned spineflower)
(E) Eriogonum alpinum (Trinity buckwheat)
(F) Eriogonum apricum var. apricum (Ione buckwheat)
(G) Eriogonum apricum var. prostratum (Irish Hill buckwheat)
(H) Eriogonum thornei (Thorne's buckwheat)
(I) Eriogonum grande ssp. timorum (San Nicholas Island buckwheat)
(J) Eriogonum kelloggii (Kellogg's buckwheat)
(K) Polygonum hickmanii (Scotts Valley polygonum)
(28) Ranunculaceae (Buttercup Family)
(A) Delphinium bakeri (Baker's larkspur)
(B) Delphinium variegatum ssp. kinkiense (San Clemente Island larkspur)
(29) Rhamnaceae (Buckthorn Family)
(A) Ceanothus ophicochilus (Vail Lake ceanothus)
(30) Rosaceae (Rose Family)
(A) Cercocarpus traskiae (Catalina Island mountain-mahogany)
(B) Potentilla hickmanii (Hickman's cinquefoil)
(C) Rosa minutifolia (small-leaved rose)
(31) Rubiaceae (Madder Family)
(A) Galium catalinense ssp. acrispum (San Clemente Island bedstraw)
(32) Saxifragaceae (Saxifrage Family)
(A) Lithophragma maximum (San Clemente Island woodland star)
(33) Scrophulariaceae (Figwort Family)
(A) Castilleja campestris ssp. succulenta (succulent owl's-clover)
(B) Castilleja grisea (San Clemente Island Indian paintbrush)
(C) Castilleja uliginosa (Pitkin Marsh Indian paintbrush)
(D) Cordylanthus maritimus ssp. maritimus (salt marsh bird's-beak)
(E) Cordylanthus palmatus (palmate-bracted bird's-beak)
(F) Cordylanthus rigidus ssp. littoralis (seaside bird's-beak)
(G) Gratiola heterosepala (Boggs Lake hedge-hyssop)
(b) Threatened:
(1) Amaryllidaceae (Amaryllis Family)
(A) Allium munzii (Munz's onion)
(2) Asteraceae (Sunflower Family)
(A) Cirsium loncholepis (La Graciosa thistle)
(B) Cirsium rhothophilum (surf thistle)
(C) Hazardia orcuttii (Orcutt's hazardia)
(D) Verbesina dissita (crownbeard)
(3) Boraginaceae (Borage Family)
(A) Plagiobothrys strictus (Calistoga popcorn-flower)
(4) Brassicaceae (Mustard Family)
(A) Dithyrea maritima (beach spectaclepod)
(B) Nasturtium gambelii (Gambel's water cress)
(5) Crassulaceae (Stonecrop Family)
(A) Dudleya stolonifera (Laguna Beach dudleya)
(6) Fabaceae (Pea Family)
(A) Astragalus claranus (Clara Hunt's milk-vetch)
(B) Lupinus citrinus  var. deflexus (Mariposa lupine)
(C) Lupinus milo-bakeri (Milo Baker's lupine)
(7) Liliaceae (Lily Family)
(A) Calochortus tiburonensis (Tiburon mariposa lily)
(B) Fritillaria striata (striped adobe-lily)
(8) Linaceae (Flax Family)
(A) Hesperolinon congestum (Marin western flax)
(9) Philadelphaceae (Mock Orange Family)
(A) Carpenteria californica (tree-anemone)
(10) Poaceae (Grass Family)
(A) Pleuropogon hooverianus (North Coast semaphore grass)
(11) Polemoniaceae (Phlox Family)
(A) Gilia tenuiflora ssp. arenaria (sand gilia)
(B) Navarretia leucocephala ssp. pauciflora (few-flowered navarretia)
(12) Polygonaceae (Buckwheat Family)
(A) Chorizanthe howellii (Howell's spineflower)
(13) Scrophulariaceae (Figwort Family)
(A) Castilleja affinis spp. neglecta (Tiburon Indian paintbrush)
(14) Verbenaceae (Vervain Family)
(A) Verbena californica (California vervain)
(c) Rare:
(1) Amaryllidaceae (Amaryllis Family)
(A) Allium yosemitense (Yosemite onion)
(B) Bloomeria humilis (dwarf goldenstar)
(2) Apiaceae (Carrot Family)
(A) Lilaeopsis masonii (Mason's lilaeopsis)
(B) Sanicula maritima (adobe sanicle)
(C) Sanicula saxatilis (rock sanicle)
(3) Asteraceae (Sunflower Family)
(A) Blennosperma nanum var. robustum (Point Reyes blennosperma)
(B) Eriophyllum congdonii (Congdon's woolly sunflower)
(C) Deinandra arida (Red Rock tarplant)
(D) Deinandra minthornii (Santa Susanna tarplant)
(E) Dieteria asteroides var. lagunensis (Mount Laguna aster)
(F) Packera ganderi (Gander's ragwort)
(G) Packera layneae (Layne's ragwort)
(4) Boraginaceae (Borage Family)
(A) Cryptantha roosiorum (bristlecone cryptantha)
(5) Campanulaceae (Bellflower Family)
(A) Nemacladus twisselmannii (Twisselmann's nemacladus)
(6) Crassulaceae (Stonecrop Family)
(A) Dudleya cymosa ssp. marcescens (marcescent dudleya)
(B) Dudleya nesiotica (Santa Cruz Island dudleya)
(7) Cyperaceae (Sedge Family)
(A) Carex tompkinsii (Tompkins's sedge)
(8) Ericaceae (Heath Family)
(A) Arctostaphylos bakeri (Baker's manzanita)
(9) Euphorbiaceae (Spurge Family)
(A) Croton wigginsii (Wiggins's croton)
(10) Fabaceae (Pea Family)
(A) Astragalus johannis-howellii (Long Valley milk-vetch)
(B) Astragalus monoensis (Mono milk-vetch)
(C) Astragalus traskiae (Trask's milk-vetch)
(D) Lupinus padre-crowleyi (Father Crowley's lupine)
(E) Thermopsis macrophylla var. agnina (Santa Ynez false lupine)
(F) Trifolium polyodon (Pacific Grove clover)
(11) Hydrophyllaceae (Waterleaf Family)
(A) Eriodictyon capitatum (Lompoc yerba santa)
(12) Liliaceae (Lily Family)
(A) Calochortus dunnii (Dunn's mariposa lily)
(B) Calochortus persistens (Siskiyou mariposa lily)
(C) Chlorogalum purpureum var. reductum (Camatta Canyon amole)
(13) Limnanthaceae (False Mermaid Family)
(A) Limnanthes bakeri (Baker's meadowfoam)
(14) Malvaceae (Mallow Family)
(A) Sidalcea hickmanii ssp. anomala (Cuesta Pass checkerbloom)
(B) Sidalcea hickmanii ssp. parishii (Parish's checkerbloom)
(15) Onagraceae (Evening-primrose Family)
(A) Clarkia speciosa ssp. immaculata (Pismo clarkia)
(B) Oenothera californica ssp. eurekensis (Eureka Dunes evening-primrose)
(16) Poaceae (Grass Family)
(A) Calamagrostis foliosa (leafy reed grass)
(B) Swallenia alexandrae (Eureka Valley dune grass)
(C) Tuctoria greenei (Greene's tuctoria)
(17) Polemoniaceae (Phlox Family)
(A) Eriastrum tracyi (Tracy's eriastrum)
(18) Polygonaceae (Buckwheat Family)
(A) Dedeckera eurekensis (July gold)
(B) Eriogonum butterworthianum (Butterworth's buckwheat)
(C) Eriogonum crocatum (Conejo buckwheat)
(D) Eriogonum giganteum var. compactum (Santa Barbara Island buckwheat)
(E) Eriogonum twisselmannii (Twisselmann's buckwheat)
(19) Portulacaceae (Purslane Family)
(A) Lewisia congdonii (Congdon's lewisia)
(20) Ranunculaceae (Buttercup Family)
(A) Delphinium hesperium ssp. cuyamacae (Cuyamaca larkspur)
(B) Delphinium luteum (yellow larkspur)
(21) Rhamnaceae (Buckthorn Family)
(A) Ceanothus hearstiorum (Hearst's ceanothus)
(B) Ceanothus maritimus (maritime ceanothus)
(C) Ceanothus masonii (Mason's ceanothus)
(D) Ceanothus roderickii (Pine Hill ceanothus)
(22) Rosaceae (Rose Family)
(A) Ivesia callida (Tahquitz ivesia)
(23) Rubiaceae (Madder Family)
(A) Galium angustifolium ssp. borregoense (Borrego bedstraw)
(B) Galium buxifolium (box bedstraw)
(C) Galium californicum ssp. sierrae (El Dorado bedstraw)
(24) Saxifragaceae (Saxifrage Family)
(A) Bensoniella oregona (bensoniella)
(25) Scrophulariaceae (Figwort Family)
(A) Castilleja gleasonii (Mt. Gleason Indian paintbrush)
(B) Cordylanthus mollis ssp. mollis (soft bird's-beak)
(C) Cordylanthus nidularius (Mt. Diablo birds-beak)
(D) Cordylanthus tenuis ssp. capillaris (Pennell's bird's-beak)
(E) Holmgrenanthe petrophila (rock lady)
(F) Pedicularis dudleyi (Dudley's lousewort)
(26) Sterculiaceae (Cacao Family)
(A) Fremontodendron decumbens (Pine Hill flannelbush)
(B) Fremontodendron mexicanum (Mexican flannelbush)
NOTE

Authority cited: Sections 1904 and 2070, Fish and Game Code. Reference: Sections 1755, 1904, 2062, 2067, 2070, 2072.7 and 2075.5, Fish and Game Code.
HISTORY

1. New section filed 10-11-78; effective thirtieth day thereafter (Register 78, No. 41).
2. Amendment of subsections (a)(10), (b)(10), (b)(17) and new subsections (a)(12)-(a)(27) and (b)(19)-(b)(21) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
3. Amendment filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).
4. Amendment filed 10-17-79; effective thirtieth day thereafter (Register 79, No. 42).
5. Repealer and new section filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
6. Amendment of subsections (a)(2)-(a)(4), (a)(10), (a)(16), (a)(17), (a)(20) and (a)(26) filed 12-18-81; effective thirtieth day thereafter (Register 81, No. 51).
7. New subsections (a)(7)(D), (a)(14)(E) and (F), (a)(18)(C), (a)(20)(E) and (F), (a)(25)(B), (a)(26)(H), (a)(27) and (a)(28) filed 1-13-82; effective thirtieth day thereafter (Register 82, No. 3).
8. New subsections (a)(4)(H), (a)(7)(E), (a)(14)(G) and (H), (a)(18)(D), (a)(24)(F), (a)(29)-(a)(31) filed 3-17-82; effective thirtieth day thereafter (Register 82, No. 12).
9. Amendment of subsection (a)(26) and new subsections (b)(2)(C), (b)(3)(F)-(H), (b)(16)(F), (b)(20)(F), (b)(21)(B), and (b)(24)-(27) filed 6-4-82; effective thirtieth day thereafter (Register 82, No. 23).
10. New subsections (b)(1)(B), (b)(3)(E), (b)(9)(F) and (G), (b)(11)(C), (b)(14)(C), (b)(17)(C), (b)(18)(D), (b)(20)(E), and (b)(22) and (23) filed 6-4-82; effective thirtieth day thereafter (Register 82, No. 23).
11. Amendment of subsection (a)(3) and new subsection (a)(26)(H) filed 4-20-84; effective thirtieth day thereafter (Register 84, No. 16).
12. Editorial correction filed 7-20-84 (Register 84, No. 29).
13. Amendment filed 8-3-84; effective thirtieth day thereafter (Register 84, No. 31).
14. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
15. Amendment filed 5-30-86; effective thirtieth day thereafter (Register 86, No. 22).
16. Amendment of subsection (a), relettering and amendment of former subsection (b) to subsection (c), and new subsection (b) filed 1-16-87; effective upon filing pursuant to Fish and Game Code section 215 (Register 87, No. 4).
17. Amendment of subsections (a)(17) and (b)(3) filed 2-26-88; operative 3-27-88 (Register 88, No. 13).
18. Amendment of subsection (a) filed 10-23-89; operative 11-22-89 (Register 89, No. 43). 
19. Editorial correction of printing error inadvertently omitting text (Register 90, No. 38).
20. Renumbering: former (a)(8) through (a)(25) to (a)(11) through (a)(28) respectively; former (a)(26), (27), (28), (29), (30), (31); to (a)(32), (9), (31), (10), (29) and (30) respectively; renumbering (a)(25)(A) to (a)(29)(C); relettering former (a)(25)(B) to (a)(28)(A); renumbering (b)(1)-(5) to (b)(5), (6), (7), (9), (10) respectively; adding new (a)(4)(K)-(N), (a)(7)(H), (a)(8), (a)(8)(A), (a)(10)(B), (a)(13)(C), (a)(27)(I), (b)(1), (b)(1)(A), (b)(2), (b)(2)(A)-(C), (b)(3), (b)(3)(A), (b)(4), (b)(4)(A)-(B), (b)(6)(B)-(C), (b)(8), (b)(8)(A), (b)(9)(B), (b)(11), (b)(11)(A); nonsubstantive spelling corrections at (a)(4)(G), (J), (a)(5)(C), (a)(6)(B), (a)(7)(A), (E), (F), (a)(17)(B), (E), (G), (a)(18)(B), (a)(19)(A), (E), (a)(23)(A), (E), (a)(25)(B), (a)(32)(A), (F), (b)(7)(A), (c)(1)(A), (c)(3)(F), (c)(9)(A), (C), (E), (F), (c)(11)(A), (C), (c)(15)(A), (B);  correction of printing error repeating (a)(5), (a)(5)(A), (a)(4), (a)(4)(A)-(J)  filed 10-9-90; operative 11-8-90 (Register 90, No. 45).
21. New subsection (a)(4)(O) filed 4-7-92; operative 5-7-92 (Register 92, No. 15).
22. New subsections (a)(4)(P)-(Q) and subsection (b)(8)(A) and renumbering filed 12-1-92; operative 12-31-92 (Register 92, No. 49).
23. New subsection (a)(4)(B) and subsection relettering filed 6-11-93; operative 7-12-93 (Register 93, No. 24).
24. New subsection (a)(29) and subsection renumbering filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
25. New subsections (b)(13)-(b)(13)(A) filed 7-14-94; operative 8-15-94 (Register 94, No. 28).
26. Editorial correction relocating subsection (b)(8)(B) to (b)(7)(B) (Register 94, No. 28).
27. Change without regulatory effect amending subsections (a)(4)(H), (a)(4)(J), (a)(13)(B), (a)(17)(C), (a)(17)(F), (a)(19)(A), (a)(22)(A), (a)(25)(A), (a)(27)(G), (a)(28)(A), (a)(33)(D), (a)(33)(G), (b)(1)(A), (b)(6)(C), (b)(8)(A), (c)(3)(D),  (c)(3)(G), (c)(5)(A), (c)(9)(B) and (c)(14)(B) filed 2-10-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 6).
28. Change without regulatory effect amending subsections (a)(26)(A), (b)(10)(B) and (b)(12)(A) filed 10-3-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 40).
29. Change without regulatory effect amending subsections (a)(5)(A) and (C) and (a)(20)(B) filed 8-20-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 34).
30. Change without regulatory effect amending section and Note filed 6-7-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 44).
31. New subsection (a)(17)(D) and subsection relettering filed 11-7-2000; operative 12-7-2000 (Register 2000, No. 45).
32. New subsection (a)(16)(G) filed 4-4-2002; operative 4-4-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 14). 
33. New subsection (a)(27)(B) and subsection relettering filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
34. New subsection (b)(2)(C) and subsection relettering filed 12-26-2002; operative 1-25-2003 (Register 2002, No. 52).
35. New subsections (b)(10)-(b)(10)(A), repealer of subsection (c)(17)(C) and subsection renumbering and relettering filed 12-30-2002; operative 1-29-2003 (Register 2003, No. 1).
36. New subsection (a)(27)(K) filed 4-19-2005; operative 5-19-2005 (Register 2005, No. 16).
37. Change without regulatory effect amending subsections (a)(4)(H)-(J), (a)(13)(A) and (C), (a)(27)(H), (b)(4)(B), (b)(6)(A), (c)(3)(C)-(G) and (c)(11)(B) filed 5-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 21).
38. New subsection (a)(28)(A), repealer of subsection (c)(21)(A) and subsection relettering filed 10-6-2006; operative 11-5-2006 (Register 2006, No. 40).
39. Repealer of subsections (a)(5)(C), (c)(5)-(c)(5)(A), (c)(9)(B) and (c)(17)(A) and subsection relettering and renumbering filed 9-4-2008; operative 10-4-2008 (Register 2008, No. 36).
§670.5. Animals of California Declared To Be Endangered or Threatened.
Note     •     History

The following species and subspecies are hereby declared to be endangered or threatened, as indicated:
(a) Endangered:
(1) Crustaceans:
(A) California freshwater shrimp (Syncaris pacifica)
(B) Shasta crayfish (Pacifastacus fortis)
(2) Fishes:
(A) Bull trout (Salvelinus confluentus)
(B) Mohave tui chub (Gila bicolor mohavensis)
(C) Owens tui chub (Gila bicolor snyderi)
(D) Bonytail (Gila elegans)
(E) Colorado pikeminnow (Ptychocheilus lucius)
(F) Lost River sucker (Deltistes luxatus)
(G) Modoc sucker (Catostomus microps)
(H) Shortnose sucker (Chasmistes brevirostris)
(I) Razorback sucker (Xyrauchen texanus)
(J) Desert pupfish (Cyprinodon macularius)
(K) Owens pupfish (Cyprinodon radiosus)
(L) Unarmored threespine stickleback (Gasterosteus aculeatus william soni)
(M) Winter run chinook salmon (Oncorhynchus tshawytscha)
(N) Coho salmon (Oncorhynchus kisutch) south of Punta Gorda (Humboldt County), California.
(O) Delta smelt (Hypomesus transpacificus)
(3) Amphibians:
(A) Santa Cruz long-toed salamander (Ambystoma macrodactylumcroceum)
(B) Desert slender salamander (Batrachoseps aridus)
(4) Reptiles:
(A) Coachella Valley fringe-toed lizard (Uma inornata)
(B) Blunt-nosed leopard lizard (Gambelia silus)
(C) San Francisco garter snake (Thamnophis sirtalis tetrataenia)
(5) Birds:
(A) California condor (Gymnogyps californianus)
(B) Bald eagle (Haliaeetus leucocephalus)
(C) California clapper rail (Rallus longirostris obsoletus)
(D) Light-footed clapper rail (Rallus longirostris levipes)
(E) California least tern (Sterna antillarum browni)
(F) Western yellow-billed cuckoo (Coccyzus americanus occidentalis)
(G) Elf owl (Micrathene whitneyi)
(H) Great gray owl (Strix nebulosa)
(I) Least Bell's vireo (Vireo bellii pusillus)
(J) Inyo California towhee (Pipilo crissalis eremophilus)
(K) Willow flycatcher (Empidonax traillii)
(L) Arizona Bell's vireo (Vireo bellii arizonae)
(M) Gila woodpecker (Melanerpes uropygialis)
(N) Gilded northern flicker (Colaptes auratus chrysoides)
(O) Belding's savannah sparrow (Passerculus sandwichensis beldingii)
(P) Marbled murrelet (Brachyramphus marmoratus)
(6) Mammals:
(A) Riparian brush rabbit (Sylvilagus bachmani riparius)
(B) Morro Bay kangaroo rat (Dipodomys heermanni morroensis)
(C) Giant kangaroo rat (Dipodomys ingens)
(D) Tipton kangaroo rat (Dipodomys nitritoides nitratoides)
(E) Fresno kangaroo rat (Dipodomys nitritoides exilis)
(F) Salt-marsh harvest mouse (Reithrodontomys raviventris)
(G) Amargosa vole (Microtus californicus scirpensis)
(H) California bighorn sheep (Ovis canadensis californiana)
(b) Threatened:
(1) Gastropods:
(A) Trinity bristle snail (Monadenia setosa)
(2) Fishes:
(A) Cottonball Marsh pupfish (Cyprinodon salinus milleri)
(B) Rough sculpin (Cottus asperrimus)
(C) Spring-run chinook salmon (Oncorhynchus tshawytscha) of the Sacramento River drainage.
(D) Coho salmon (Oncorhynchus kisutch) from Punta Gorda (Humboldt County), California to the northern border of California.
(E) Longfin smelt (Spirinchus thaleichthys)
(3) Amphibians:
(A) Siskiyou mountain salamander (Plethodon stormi)
(B) Kern Canyon slender salamander (Batrachoseps simatus)
(C) Tehachapi slender salamander (Batrachoseps stebbinsi)
(D) Limestone salamander (Hydromantes brunus)
(E) Shasta salamander (Hydromantes shastae)
(F) Black toad (Bufo exsul)
(G) California tiger salamander (Ambystoma californiense)
(4) Reptiles:
(A) Desert tortoise (Gopherus agassizzii)
(B) Barefoot banded gecko (Coleonyx switaki)
(C) Southern rubber boa (Charina bottae umbratica)
(D) Alameda whipsnake (Masticophis lateralis euryxanthus)
(E) Giant garter snake (Thamnophis couchi gigas)
(5) Birds:
(A) Swainson's hawk (Buteo swainsoni)
(B) California black rail (Laterallus jamaicensis coturniculus)
(C) Yuma clapper rail (Rallus longirostris yumanensis) 
(D) Greater sandhill crane (Grus canadensis tabida)
(E) Bank swallow (Riparia riparia)
(F) Xantus's murrelet (Synthliboramphus hypoleucus)
(6) Mammals:
(A) Mohave ground squirrel (Spermohilus mohavensis)
(B) San Joaquin antelope squirrel (Ammospermophilus nelsoni)
(C) Stephens' kangaroo rat (Dipodomys stephensi)
(D) Sierra Nevada red fox (Vulpes vulpes necator)
(E) San Joaquin kit fox (Vulpes macrotis mutica)
(F) Island fox (Urocyon littoralis)
(G) Wolverine (Gulo gulo)
(H) Guadalupe fur seal (Arctocephalus townsendi)
(I) Peninsular bighorn sheep (Ovis canadensis cremnobates)
NOTE

Authority cited: Sections 2070 and 2075.5, Fish and Game Code. Reference: Sections 1755, 2055, 2062, 2067, 2070, 2074.6, 2075.5, 2077, 2080, 2081 and 2835, Fish and Game Code.
HISTORY

1. New section filed 5-28-71; effective thirtieth day thereafter (Register 71, No. 22).
2. Amendment of subsections (a)(1), (a)(3) and (b)(3) filed 12-11-73; effective thirtieth day thereafter (Register 73, No. 50).
3. Amendment of subsections (a)(1) and (b)(1) filed 1-23-78; effective thirtieth day thereafter (Register 78, No. 4).
4. Amendment filed 9-2-80; effective thirtieth day thereafter (Register 80, No. 36).
5. Editorial correction of subsection (b) (Register 80, No. 41).
6. Editorial correction of NOTE and HISTORY 4. (Register 80, No. 51).
7. Repealer and new section filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
8. Amendment of subsection (b)(6) filed 3-18-83; effective thirtieth day thereafter (Register 83, No. 12).
9. Amendment filed 5-30-86; effective thirtieth day thereafter (Register 86, No. 22).
10. New subsections (a)(5)(M)-(O) filed 2-16-88; operative 3-17-88 (Register 88, No. 9).
11. Amendment filed 2-26-88; operative 3-27-88 (Register 88, No. 13).
12. Relettering of former subsections (a)(6)(C)-(a)(6)(E) to subsections (a)(6)(D)-(a)(6)(F) and new subsections (a)(6)(C) and (b)(5)(E) filed 5-12-89; operative 6-11-89 (Register 89, No. 20).
13. Amendment of subsection (b)(4) filed 8-3-89; operative 8-3-89 pursuant to Government Code section 11346.2(d) (Register 89, No. 32).
14. New subsection (a)(2)(M) filed 9-22-89; operative 9-22-89 pursuant to Government Code section 11346.2(d) (Register 89, No. 39).
15. Reordering of subsections (a)(5)(K)-(P) and new subsection (a)(5)(Q) filed 12-3-90; operative 1-2-91 (Register 91, No. 3).
16. Editorial correction of printing error in subsections (a)(2)(E) and (a)(5)(O) and (P) (Register 91, No. 31).
17. New subsection (a)(5)(R) filed 3-12-92 as an emergency; operative 4-13-92 (Register 92, No. 12). 
18. Adoption of subsection (b)(2)(A) and subsection relettering  filed 11-9-93; operative 12-9-93 (Register 93, No. 46).
19. Repealer of subsection (b)(6)(A) and subsection redesignation filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
20. New subsection (a)(6)(A), subsection redesignation and amendment of Note filed 4-29-94; operative 5-30-94 (Register 94, No. 17).
21. New subsection (a)(2)(N) filed 12-1-95; operative 12-31-95 (Register 95, No. 48).
22. New subsection (b)(2)(D) filed 1-6-99; operative 2-5-99 (Register 99, No. 2).
23. New subsection (a)(6)(H), repealer of subsection (b)(6)(H) and subsection relettering filed 3-23-99 as an emergency; operative 3-23-99 (Register 99, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-99 or emergency language will be repealed by operation of law on the following day.
24. Certificate of Compliance as to 3-23-99 order, including amendment of subsection (a)(6)(H), transmitted to OAL 7-16-99 and filed 8-27-99 (Register 99, No. 35).
25. Change without regulatory effect adding subsection (b)(6)(A) and relettering subsections filed 12-13-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 50).
26. New subsection (b)(5)(F) filed 11-22-2004; operative 12-22-2004 (Register 2004, No. 48).
27. Amendment of subsections (a)(2) and (b)(2) filed 2-28-2005; operative 3-30-2005 (Register 2005, No. 9).
28. Amendment of subsection (a)(2)(E) filed 12-27-2007; operative 1-26-2008 (Register 2007, No. 52).
29. Repealer of subsection (a)(5)(A), subsection relettering and amendment of Note filed 5-4-2009; operative 6-3-2009 (Register 2009, No. 19).
30. Repealer of subsection (a)(5)(C) and subsection relettering filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
31. New subsection (a)(2)(O), repealer of subsection (b)(2)(A), subsection relettering and amendment of Note filed 12-21-2009; operative 1-20-2010 (Register 2009, No. 52).
32. New subsection (b)(2)(E) filed 3-10-2010; operative 4-9-2010 (Register 2010, No. 11).
33. New subsection (b)(3)(G) and amendment of subsection (b)(4)(A) filed 7-20-2010; operative 8-19-2010 (Register 2010, No. 30).
§670.6. Commission Policy on Monitored Species.
Note     •     History

It is the policy of the commission that the department shall monitor and report on the impact of ongoing management efforts for and the status of species or subspecies listed herein that were previously considered for candidacy or listing by the commission. The commission may reconsider listing any of these species or subspecies at any time based upon a new petition submitted pursuant to sections 2071 or 2072.7 of the Fish and Game Code. Any petition implemented pursuant to this section will be considered by the commission in accordance with procedures set forth in Article 2, Chapter 1.5, of the Fish and Game Code (California Endangered Species Act).
(a) Monitored Species and Subspecies. Note: There are no species currently listed.
NOTE

Authority cited: Section 703, Fish and Game Code. Reference: Sections 703, 2071 and 2072.7, Fish and Game Code.
HISTORY

1. New section filed 8-29-96; operative 9-28-96 (Register 96, No. 35).
2. Amendment of subsection (a) and repealer of subsection (a)(1) filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).
§670.7. Permits to Take Fully Protected Animals for Scientific Purposes.
Note     •     History

The department may issue revocable permits to take fully protected species for scientific purposes under the following conditions:
(a) Permits may be issued only to members of the faculty or professional staff of a scientific or educational institution; professional wildlife staff of a government agency or private institution; or others who are deemed qualified by the department.
(b) Requests for permits to take fully protected species shall be submitted to the department in writing, and shall include the following information:
(1) Name and address of applicant.
(2) Species and number to be collected.
(3) Scientific background and research experience of principal investigator and assistants.
(4) Description of proposed study, with reference to the literature, including purpose, methods of capture, materials, expected result, and intended disposition of animals collected or handled.
(5) Duration of study; locality and periods of sampling or capture.
(c) Revocable permits issued by the department shall be in the form of a memorandum of understanding. This memorandum shall include the conditions under which taking of animals may be permitted, beginning and termination dates, and requirements for periodic reports to the department, which shall be at least yearly. The memorandum, and any addenda to it, shall be signed by the director of the department and by the applicant or the applicant's executive supervisor.
(d) The department shall notify the commission prior to the issuance of any memorandums and prepare a report annually regarding any memorandums issued pursuant to this section.
(e) Commission approval shall be required prior to the issuance by the department of any memorandum for a fully protected species listed in subsection (f). Such memorandums shall be subject to conditions established by the commission.
(f) Commission approval shall be required for studies involving the take for scientific purposes of the following fully protected species:
(1) California condor (Gymnogyps californianus).
(2) Southern sea otter (Enhydra lutris nereis).
(3) Bighorn sheep (Ovis canadensis).
(g) Permits for the taking of fully protected species that are also declared to be rare or endangered by the commission pursuant to Section 670.5, or federally designated as endangered or threatened by the Secretary of the Interior, shall be subject to conditions of State-Federal Cooperative Agreements relating to these species.
(h) Any permit issued pursuant to these regulations may be cancelled or suspended at any time by the director of the department when, in his judgment, permittee is acting or has acted contrary to the terms and conditions of subject permit, or if, in his judgment, the safety or welfare of the species authorized to be taken by subject permit is or may be jeopardized by the actions of permittee.
NOTE

Authority cited: Section 1002, Fish and Game Code. Reference: Sections 3511, 4700, 5050 and 5515, Fish and Game Code.
HISTORY

1. New section filed 2-18-81; effective thirtieth day thereafter (Register 81, No. 8).
§671. Importation, Transportation and Possession of Live Restricted Animals.
Note     •     History

(a) It shall be unlawful to import, transport, or possess live animals restricted in subsection (c) below except under permit issued by the department. Permits may be issued by the department as specified herein and for purposes designated in Section 671.1 subject to the conditions and restrictions designated by the department. Except for mammals listed in Fish and Game Code Section 3950 or live aquatic animals requiring a permit pursuant to Fish and Game Code Section 2271, no permit is required by this section for any animal being imported, transported, or possessed pursuant to any other permit issued by the department. Cities and counties may also prohibit possession or require a permit for these and other species not requiring a state permit.
(b) The commission has determined the below listed animals are not normally domesticated in this state. Mammals listed to prevent the depletion of wild populations and to provide for animal welfare are termed “welfare animals”, and are designated by the letter “W”. Those species listed because they pose a threat to native wildlife, the agriculture interests of the state or to public health or safety are termed “detrimental animals” and are designated by the letter “D”. The department shall include the list of welfare and detrimental wild animals as part of DFG MANUAL NO. 671 (2/25/92) IMPORTATION, TRANSPORTATION AND POSSESSION OF RESTRICTED SPECIES, to be made available to all permittees and other interested individuals.
(c) Restricted species include:
(1) Class Aves--Birds
(A) Family Alaudidae--Larks
Alauda arvensis (Skylark) (D).
(B) Family Cuculidae--Cuckoos
All species (D).
(C) Family Corvidae--Crows, Ravens, Rooks, Jackdaws
All species (D).
(D) Family Turdidae--Thrushes, Blackbirds, Fieldfare
1. Turdus merula (European blackbird) (D).
2. Turdus viscivorus (Missel thrush) (D).
3. Turdus pilaris (Fieldfare) (D).
4. Turdus musicus (Song thrush) (D).
(E) Family Sturnidae--Starlings, Mynahs
All species (D), except Sturnus vulgaris (Starling), Gracula religiosa or Eulabes religiosa (Hill mynahs), and Leucopsar rothschildi (Rothchild's mynah) are not restricted.
(F) Family Ploceidae--Sparrows, Weavers, Queleas
1. Genus Passer (Sparrow)
All species (D), except Passer domesticus (English house sparrow) is not restricted.
2. Foudia madagascariensis (Madagascar weaver) (D).
3. Ploceus baya (Baya weaver) (D).
4. Genus Quelea (Queleas)--All species (D).
(G) Family Estrildidae--Waxbills, Munias, Ricebirds
1. Padda oryzivora (Java sparrow) (D).
(H) Family Emberizidae--Yellowhammer
Emberiza citrinella (Yellowhammer) (D).
(I) Order Falconiformes--Falcons, Eagles, Hawks, Vultures
All species (D)
(J) Order Strigiformes--Owls
All species (D)
(K) Family Pyconotidae--Bulbuls or Fruit Thrushes
Pycnonotus jocosus (Red-whiskered bulbul) (D).
(L) Family Zosteropidae--Whiteeyes
Genus Zosterops (Whiteeyes) (D).
(M) Family Psittacidae--Parrots, Parakeets
Myiopsitta monachus (Monk or Quaker parakeet) (D).
(N) Family Anatidae -- Duck, Geese, Swans
1. Cygnus olor (Mute Swan) (D)
(2) Class Mammalia--Mammals
(A) Order Primates--Monkeys, Apes
All species (W), except humans in the Family Hominidae are not restricted.
(B) Order Xenarthra--Sloths, Anteaters, Armadillos, etc.
All species:
1. Family Dasypodidae--Armadillos--All Species (D).
2. Family Bradypodidae--Sloths--(W).
3. Family Myrmecophagidae--Anteaters--(W).
(C) Order Marsupialia--Marsupials or Pouched Animals
All species (W).
(D) Order Insectivora--Shrews, Moles, Hedgehogs, etc.
All species (D).
(E) Order Dermoptera--Gliding Lemurs
All species (D).
(F) Order Chiroptera--Bats
All species (D).
(G) Order Monotremata--Spiny Anteaters, Platypuses
All Species (W).
(H) Order Pholidota--Pangolins or Scaly Anteaters
All species (W).
(I) Order Lagomorpha--Pikas, Rabbits, and Hares
All species, (D), except domesticated races of rabbits and hares of the Family Leporidae are not restricted.
(J) Order Rodentia--Hamsters, Field Mice, Voles, Muskrats, Gerbils, Squirrels, Chipmunks, Woodchucks, and Prairie Dogs
1. All species (D), except:
a. Ondatra zibethica (Muskrats) are not restricted under conditions set forth in Fish and Game Code Section 2250;
b.  Domesticated races of golden hamsters of the species Mesocricetus auratus and domesticated races of dwarf hamsters of the Genus Phodopus are not restricted;
c. Domesticated races of rats or mice (white or albino; trained, dancing or spinning, laboratory-reared) are not restricted;
d. Domesticated races of guinea pigs of the species Cavia porcellus are not restricted; and
e. Domesticated races of chinchillas of the species Chinchilla laniger are not restricted.
(K) Order Carnivora--Raccoons, Ringtailed Cats, Kinkajous, Coatis, Cacomistles, Weasels, Ferrets, Skunks, Polecats, Stoats, Mongoose, Civets, Wolves, Foxes, Coyotes, Lions, Tigers, Ocelots, Bobcats, Servals, Leopards, Jaguars, Cheetahs, Bears, etc.
1. Family Felidae--All species (W) except:
a. Acinonyx jubatus (cheetahs)--(D).
b. Domestic cats and hybrids of domestic cats are not restricted.
2. Family Canidae--All species (W).
a. Wolf hybrids Canis familiaris (domestic dog) x Canis lupus (wolf) are considered F1 generation wolf hybrids and are restricted (W).
i. No state permit is required to possess the progeny of F1 generation wolf hybrids, but cities and counties may prohibit possession or require a permit.
b. Domesticated dogs are not restricted.
3. Family Viverridae--All species (D).
4. Family Procyonidae--All species--(D), except:
a. Ailuris fulgens (Lesser panda)--(W).
b. Aiuropoda melanoleuca (Giant panda)--(W).
c. Bassariscus astutus (Ringtail or Ringtailed cat)--(W).
d. Jentinkia sumichrasti (Mexican and Central American cacomistle)--(W).
5. Family Mustelidae--All species (D), except:.
a. Ambloynx cinerea (Oriental small-clawed otter)--(W).
b. Aonyx capensis (African clawless otter)--(W).
c. Pteronura brasiliensis (Giant otter)--(W).
d. Genus Lutra (River otters)--(W).
6. All other Families--(W).
(L) Order Tubulidentata--Aardvarks
All species--(W).
(M) Order Proboscidae--Elephants
All species--(W).
(N) Order Hyracoidae--Hyraxes
All species--(W).
(O) Order Sirenia--Dugongs, Manatees
All species--(W).
(P) Order Perissodactyla--Horses, Zebras, Tapirs, Rhinoceroses, etc.
All species (W), except Family Equidae are not restricted.
(Q) Order Artiodactyla--Swine, Peccaries, Camels, Deer, Elk, Moose, Antelopes, Cattle, Goats, Sheep, etc.
All species (D) except:
1. Bos taurus and Bos indicus (Domestic cattle); Bos grunniens (Yak); Bubalus bulalis (Asian water buffalo); Ovis aries (Domestic sheep); Capra hircus (Domestic goat); Sus scrofa domestica (Domestic swine); Llama glama (Llama); Llama pacos (Alpaca); Llama guanicoe (Guanaco); Hybrids of llama, alpaca and guanacos; Camelus bactrianus and Camelus dromedarius (Camels); and Bison bison (American bison), are not restricted. 
2. Permits may be issued for species of Elk (Genus Cervus) which are already maintained within California; and
3. Permits may be issued pursuant to Section 676 for importing, breeding, slaughter and sale of the meat and other parts of fallow deer (Dama dama) for commercial purposes.
(3) Class Amphibia--Frogs, Toads, Salamanders
(A) Family Bufonidae--Toads
Bufo marinus, Bufo paracnemis, Bufo horribilis (Giant toad or marine toad group) and all other large toads from Mexico and Central and South America--(D).
(B) Family Pipidae--Tongueless Toads
1. Genus Xenopus (Clawed frog)--(D).
(C) Family Ambystomatidae-Mole Salamanders
1. Genus Ambystoma (tiger salamanders)--(D)
(D) Family Leptodactylidae--Neotropical Frogs
1. Eleutherodactylus coqui--Commom Coqui or Coqui frog (D).
(4) Class Agnatha--Jawless Fishes
(A) Family Petromyzontidae--Lampreys
All nonnative species (D).
(5) Class Osteichthyes--Bony Fishes
(A) Family Percichthyidae--Temperate Basses
1. Morone americana (White perch) (D).
2. Morone chrysops (White bass) (D).
(B) Family Clupeidae--Herrings
Dorosoma cepedianum (Gizzard shad) (D).
(C) Family Sciaenidae--Drums
Aplodinotus grunniens (freshwater drum) (D).
(D) Family Characidae--Characins
1. Astyanax fasciatus (Banded tetra) (D).
2. All species of the genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, and Pygopristis (Piranhas) (D).
3. Hoplias malabaricus (Tiger fish) (D).
(E) Family Salmonidae--Trouts
Salmo salar (Atlantic salmon)--Restricted in the Smith River watershed (D).
(F) Family Lepisosteidae--Gars
All species (D).
(G) Family Amiidae--Bowfins
All species (D).
(H) Family Poeciliidae--Livebearers
Belonesox belizanus (Pike killifish) (D).
(I) Family Channidae--Snakeheads
All species (D).
(J) Family Cyprinidae--Carps and Minnows
1. Leuciscus idus (ide) (D).
2. Ctenopharyngodon idella (Grass carp) (D), except that permits may be issued to a person, organization or agency for possession of triploid grass carp, under conditions set forth in Section 238.6.
3. Hypophthalmichthys molitrix (Silver carp) (D).
4. Aristichthys nobilis (Bighead carp) (D).
5. Hypophthalmichthys harmandi (Largescale Silver carp) (D).
6. Mylopharyngodon piceus (Black carp) (D).
(K) Family Trichomycteridae (Pygidiidae)--Parasitic Catfishes.
All species (D).
(L) Family Cetopsidae--Whalelike Catfishes.
All species (D).
(M) Family Clariidae--Labyrinth Catfishes
All species of the genera Clarias, Dinotopterus, and Heterobranchus (D).
(N) Family Heteropneustidae (Saccobranchidae)--Airsac Catfishes
All species (D).
(O) Family Cichlidae--Cichlids
1. Tilapia sparrmani (Banded Tilapia) (D).
2. Tilapia zillii (Redbelly tilapia) (D), except permits may be issued to a person or agency for importation, transportation, or possession in the counties of San Bernardino, Los Angeles, Orange, Riverside, San Diego, and Imperial.
3. Oreochromis aureus (Blue tilapia) (D).
4. Oreochromis niloticus (Nile tilapia) (D).
(P) Family Anguillidae--Freshwater Eels.
All species of genus Anguilla (D).
(Q) Family Esocidae--Pikes all species (D).
(R) Family Percidae--Perches
1. Perca flavescens (Yellow perch) (D).
2. Sander vitreus (Walleye) (D).
(S) Family Catostomidae--Suckers
  All members of the genus Ictiobus (Buffalos) (D).
(T) Family Cyprinodontidae-Killifishes
Cyprinodon variegatus (Sheepshead minnow) (D).
(U) Family Latidea--Lates perches
Lates calcarifer (Barramundi also known as Barramundi perch or Silver barramundi) (D), except permits may be issued to a person or organization for importation, transportation, possession, or sales of barramundi under the following conditions: 
1. All live importation, possession, transportation and sales must also adhere to the conditions set forth in Section 671.7.
2. Live retail sales for human consumption are allowed for barramundi that range from one to three pounds in weight or 300 mm (11.8 inches) to 500 mm (19.6 inches) in total length. 
(6) Class Elasmobranchiomorphi--Cartilaginous Fishes
(A) Family Carcharhinidae--Requiem Sharks
All species of genus Carcharhinus (Freshwater sharks) (D).
(B) Family Potamotrygonidae--River stingrays
All species (D).
(7) Class Reptilia--Reptiles
(A) Order Crocodilia--Crocodiles, Caimans, Alligators and Gavials
All species (D).
(B) Family Chelyridae--Snapping Turtles
All species (D).
(C) Family Elapidae--Cobras, Coral Snakes, Mambas, Kraits, etc.
All species (D).
(D) Family Viperidae--Adders and Vipers
All species (D).
(E) Family Crotalidae--Pit Vipers
All species (D), except Crotalus viridis (Western rattlesnake), Crotalus atrox (Western diamondback rattlesnake), Crotalus ruber (red diamondback rattlesnake), Crotalus scutulatus (Mojave rattlesnake), Crotalus mitchelli (speckled rattlesnake) and Crotalus cerastes (Sidewinder) not restricted.
(F) Family Colubridae--Colubrids
1. Dispholidus typus (Boomslang) (D).
2. Theoltornis kitlandii (Bird or vine snake) (D).
3. All species of genus Nerodia (watersnakes) (D).
(G) Family Helodermatidae
1. Heloderma suspectum suspectum (reticulate Gila monster) (D).
(8) Class Crustacea--Crustaceans
(A) All species of Family Cambaridae--Crayfish, etc. (D), except Procambarus clarkii and Orconectes virilis not restricted.
(B) All species of genus Eriocheir (D).
(9) Class Gastropoda--Slugs, Snails
(A) Potamopyrgus antipodarum (New Zealand mudsnail)(D).
(B) All nonnative species of slugs and land snails (D), except: 
1. Rumina decollata (decollate snail) in the counties of San Bernardino, Riverside, Imperial, Orange, San Diego, Los Angeles, Ventura, Kern, Fresno, Madera, Tulare and Santa Barbara not restricted with the concurrence of the appropriate county agricultural commissioners.
2. Helix aspersa (brown garden snail) not prohibited.
(C) Pomacea canaliculata (Channel Apple Snail) (D).
(D) All species of genus Haliotis (Abalone) (D), except Haliotis rufescens (Red abalone), Haliotis sorenseni (White abalone), Haliotis corrugata (Pink abalone), Haliotis fulgens (Green abalone), Haliotis cracherodii (Black abalone), Haliotis kamtschatkana (Pinto abalone), Haliotis walallensis (Flat abalone) and Haliotis assimilis (Threaded abalone) are not restricted.

1. Note: Unpermitted nonnative abalone are determined to be detrimental to native populations, therefore the exemptions provided in Fish and Game Code subsection 2271(b) and subsection 236(b) of these regulations are not applicable.
(10) Class Bivalvia-Bivalves
All members of the genus Dreissena (zebra and quagga mussels)--(D).
(11) Transgenic Aquatic Animals.
Includes freshwater and marine fishes, invertebrates, amphibians, and reptiles (D).

Note: Unpermitted transgenic aquatic animals are determined to be detrimental to native wildlife, therefore the exemption provided for in Fish and Game Code Section 2150(e) is not applicable.
NOTE

Authority cited: Sections 2118 and 2120, Fish and Game Code. Reference: Sections 1002, 2116, 2118, 2118.2, 2118.4, 2119, 2120, 2122, 2123, 2124, 2125, 2126, 2127, 2150, 2190 and 2271, Fish and Game Code.
HISTORY

1. Amendment of subsection (g)(5) filed 2-9-84; effective thirtieth day thereafter (Register 84, No. 6). For prior history, see Register 81, No. 29.
2. Amendment of subsection (i) filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).
3. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
4. Notice of Erroneous Filing filed 3-24-86 by OAL; purported amendment of subsection (g)(5) filed in error on 2-5-86 is null and void and text as filed with Secretary of State on 2-9-84 remains in effect uninterrupted (Register 86, No. 13).
5. Amendment of subsection (g)(5) filed 3-24-86; effective thirtieth day thereafter (Register 86, No. 13).
6. Amendment of subsection (h) filed 11-7-86; effective upon filing (Register 86, No. 45).
7. Amendment of subsection (g)(1) filed 5-1-87; operative 5-31-87 (Register 87, No. 19).
8. New subsection (e)(15) filed 2-16-88; operative 3-17-88 (Register 88, No. 9).
9. Amendment of subsection (b) filed 9-8-88; operative 10-8-88 (Register 88, No. 38).
10. Amendment filed 2-26-92; operative 2-26-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
11. Amendment filed 7-21-93; operative 7-21-93 pursuant to section 202, Fish and Game Code (Register 93, No. 30).
12. Amendment of subsection (c)(9)(A) filed 2-28-94; operative 3-30-94 (Register 94, No. 9).
13. New subsection (c)(10) filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
14. Amendment of subsection (c)(1)(I)2 filed 8-23-94; operative 9-22-94 (Register 94, No. 34).
15. Editorial correction of designation of subsection (c)(5)(G) (Register 94, No. 34).
16. Amendment of subsections (c)(2)(Q)2-3 filed 12-7-94; operative 12-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 49).
17. Change without regulatory effect amending subsection (c)(1)(C) filed 9-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 39).
18. Amendment of subsection (c)(5)(J)2. filed 5-5-97; operative 6-4-97 (Register 97, No. 19).
19. Amendment of section heading and section filed 8-27-98; operative 9-26-98 (Register 98, No. 35).
20. New subsection (c)(3)(C) filed 2-27-2001; operative 2-27-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 9). 
21. New subsection (c)(11) and amendment of Note filed 4-14-2003; operative 5-14-2003 (Register 2003, No. 16).
22. New subsection (c)(9)(A), redesignation of portion of section (c)(9) as new subsection (c)(9)(B) and redesignation of former subsections (c)(9)(A)-(B) as (c)(9)(B)1.-2. filed 9-1-2004; operative 10-1-2004 (Register 2004, No. 36).
23. Amendment of subsection (c)(1)(I), new subsections (c)(1)(N) and (c)(3)(D), amendment of subsections (c)(5)(A) and (c)(5)(J), new subsection (c)(5)(U), amendment of subsection (c)(7)(F), new subsections (c)(9)(C)-(D) and amendment of Note filed 3-13-2008; operative 4-12-2008 (Register 2008, No. 11).
24. Amendment of section and Note filed 3-9-2011; operative 4-8-2011 (Register 2011, No. 10).
§671.1. Permits for Restricted Species.
Note     •     History

(a) General. It is unlawful for any person to import, export, transport, maintain, dispose of, or use for any purpose any animal restricted by Section 671 except as authorized in a permit issued by the department.
(1) Limited Scope. A permit issued pursuant to this Section 671.1 does not supersede any federal, state, or local law regulating or prohibiting the animals or the activities authorized in the permit.
(2) Inspections. The department may approve an application prior to facilities being built, inspected and approved. A permit shall not be issued unless the applicant's facilities have been inspected and approved by the department or persons designated by the department.
The department may enter all holding facilities, vehicles, vessels or other places where restricted species are kept or may be kept to inspect animals, facilities, animal equipment, or to inspect, audit, or copy any permit, book or record required to be kept by these regulations or federal regulations relating to such species. Inspections may be made at any time with or without prior notification.
(3) Change of Address or Name. The permittee must notify the department's License and Revenue Branch, in writing of any change of address or name related to the permit within five days of the change.
(4) Records. Any record, log, invoice, or other document required by this Section 671.1 shall be maintained at the facility by the permittee for at least three years from the date issued, and be made available to the department immediately upon demand. All required records shall be legible and in the English language. 
(5) Transportation Records Required of Broker/Dealer and Importers. The permittee shall prepare and sign an invoice in duplicate prior to any animals leaving or being imported into their facility. The invoice shall contain the name and address of the Broker/Dealer or Importers, a phone number where the Broker/Dealer or Importers and the consignee can be reached, the name and address of the consignee, the date of the shipment, and the number or poundage, sex (if available) and scientific name of each animal. The invoice shall accompany the animals being shipped. The consignee shall sign and date the invoice receipt of the shipment and retain a copy.
(6) Permits for Business. Any person (as defined in Fish and Game Code Section 67) can qualify for and be issued a permit, if the applicant or the applicant's full time employee possesses the qualifications for an applicant specified in subsections 671.1(c)(1), 671.1(c)(2)(C) and 671.1(c)(2)(E). Where a full time employee provides the qualifications, the applicant must continue to employ such qualified person as long as the animals are possessed in California. The applicant who owns the business shall submit annual proof of continued employment for a full time employee if the applicant continues not to meet the qualifications specified in subsection 671.1(c)(1). 
(7) Financial Responsibility. The department may require an applicant for a nonresident permit to provide proof he/she will immediately cover all expenses incurred by the department for personnel, equipment, and facilities used to locate, capture, house, care for, and transport animals that escape or that are released or abandoned. The written proof must be in the form of a department approved financial guarantee payable to the department, local government agency, or entity contracting for the animals.
(8) Health Certificates. The department may require as a condition on any permit that restricted animals be approved for interstate shipment pursuant to applicable federal or state agency standards for diseases such as but not limited to tuberculosis, brucellosis, and pseudo rabies. Permit conditions may be more restrictive than federal standards.
(9) Transgenic Aquatic Animals. The department may issue permits for importation, possession, transportation or rearing of, or research on, transgenic aquatic animals pursuant to the following terms and conditions:
(A) All transgenic aquatic animals shall be held, raised, and transported in a closed-water system or in a system which treats effluent discharge from the facility with a disinfection system adequate to ensure against the inadvertent release of live animals. A closed-water system means that there is no discharge to waters of the state. For purposes of this section, municipal treated sewage systems are not considered waters of the state. The commission may grant an exception to subsection 671.1(a)(9)(A) if it is determined that doing so shall not pose a significant risk to the waters or wildlife of the state.
(B) Access to facilities containing transgenic aquatic animals must be restricted through means determined to be adequate by the department to assure against unauthorized removal of animals.
(C) Movement of live transgenic aquatic animals from facilities is prohibited unless specifically permitted by the department.
(D) Release of transgenic aquatic animals or their progeny into waters of the state is prohibited.
(E) If transgenic aquatic animals are held with non-transgenic animals of the same species, all such animals that commingle with transgenic animals shall be treated as transgenic for the purposes of regulation and may not be introduced into waters of the state. Nontransgenic animals that can be individually identified as nontransgenic may be exempt from this provision with prior department approval.
(F) In addition to any other penalty provided by law, any unauthorized release of transgenic aquatic animals or their progeny into the waters of the state may be subject to the penalties provided for under Fish and Game Code Sections 2125, 12007, and/or 12023.
(G) Any university, college, governmental research agency or other bona fide scientific institution, as determined by the department, may apply for an expedited permit review under subsection 671.1(b)(9) by demonstrating that they meet or exceed the requirements stipulated in subsections (A) through (F) as part of a federal program or permit, for example, National Institute of Health (NIH) guidelines administered by an Institutional Animal Care and Use Committee (IACUC).
(H) The department shall provide written notice of the filing of all permit applications to any interested party who submits a written request for such notice. The department shall consider all written comments regarding a permit application that are received from any interested party prior to approval of that application. All approved applications shall be reviewed by the commission during a regularly scheduled public meeting; and the commission, following public comment, may deny the issuance of a permit if it finds that an applicant is or will be unable to meet all regulatory requirements for importation, transportation, possession, and confinement of transgenic aquatic animals.
(10) Conferring. In addition to the departments of Food and Agriculture and Public Health, the department may confer with other state and federal agencies or any other person or entity in order to verify information on the application or to determine if the importation, transportation, or possession of any animal requested will be in the best interest of the state and animal. 
(b) Permits and Fees. The following permits have fees that are adjusted annually as specified in Section 703. The department may issue permits and amend existing permits with the conditions it determines are necessary to protect native wildlife, agriculture interests, animal welfare, and/or human health and safety for:
(1) Animal Care. Issued to any person who is a resident and who has the demonstrated experience and ability to care for and house an animal, and who legally possessed the animal in California prior to January 1992. The permittee may only possess and provide care for the animal(s) specified on the department approved permit. No other activity is authorized except that which is medically necessary for the care of the animal. Additional requirements are specified in subsection 671.1(c)(2). 
(2) Aquaculture. Issued to any person who is a registered aquaculturist, pursuant to Section 235. The permittee may import, transport, possess and offer for sale only those species listed on the restricted species permit for aquaculture purposes. Additional requirements are specified in subsection 671.1(c)(2) and Section 671.7. 
(3) AZA. Issued to any person accredited by the Association of Zoos and Aquariums (AZA) and who is in the business of exhibiting and breeding animals. The permittee may import, transport, breed, exhibit and possess for bona fide scientific or public health research only those species specified on the department approved permit. Additional requirements are specified in subsection 671.1(c)(2).
(4) Breeding. Issued to any person who is a resident who is in the business of breeding animals and possesses the qualifications listed in subsection 671.1(c)(1), and provides a breeding plan as specified in subsection 671.1(c)(2)(F). The permittee may import, transport, and possess only those species specified on the department approved permit. Additional requirements are specified in subsection 671.1(c)(2).
(5) Broker/Dealer. Issued to any person who is a resident or nonresident and acts as a broker or dealer in a transaction involving the buying and/or selling of restricted species, or who is in the business of transporting restricted species within the state between permittees. Additional requirements are specified in subsection 671.1(c)(2). 
(A) Special Restrictions. 
1. Maximum Caging Period. Animals may be kept in transport caging for a period not to exceed 48 hours. An additional 48 hours may be approved by an enforcing officer or a veterinarian accredited by the United States Department of Agriculture (USDA) in writing and attached to the transportation invoice. 
2. Nonresident Restriction. Nonresident permittees shall only transport animals between permittees authorized by this section or between AZA accredited institutions and permittees or ship them out of state in compliance with Federal guidelines. 
(6) Exhibiting. Issued to any person who is a resident or nonresident who is in the business of exhibiting animals at least half-time, for commercial and/or educational purposes, and who possesses the qualifications listed in subsection 671.1(c)(1). The permittee may import, transport, and possess only those species specified on the department approved permit. Additional requirements are specified in subsection 671.1(c)(2).
(7) Native Species Exhibiting. Issued to any person who is a resident, is in the business of exhibiting animals, and possesses the qualifications listed in subsection 671.1(c)(1) to transport and possess only those species specified on the department approved permit. For the purposes of this permit, native species are defined as the restricted birds and mammals that are found injured and/or orphaned in the wild in California and are not suitable for release into the wild, but are suitable for educational purposes. Native species shall only be acquired from the department or, upon approval by the department, from a California Wildlife Rehabilitation Facility that is permitted with the department. The department shall receive written documentation for each animal from a permitted California Wildlife Rehabilitation Facility's licensed veterinarian stating why the animal to be acquired is unsuitable for wildlife rehabilitation and release, but suitable for education purposes (USDA certification of veterinarian is not required to determine non-releasable status). The permit fee may be waived only if the AZA or exhibiting fee is paid and a permit specified in subsection 671.1(b)(3) or 671.1(b)(6) is issued. Additional requirements are specified in subsection 671.1(c)(2).
(8) Nuisance Bird Abatement. Issued to any person who is a resident or nonresident, is in the business of using raptors to abate nuisance birds, and possesses the qualifications listed in subsection 671.1(c)(1) to import, transport, and possess only those species specified on the department approved permit and under the conditions that follow. Additional requirements are specified in subsection 671.1(c)(2). 
(A) The permit only authorizes the harassing of nuisance birds. Harassment is defined in Section 251.1. 
(B) The permit does not authorize the use for abatement purposes or intentional take of any bird protected by federal or state law, which includes but is not limited to the Federal Migratory Bird Treaty Act and Fish and Game Code Section 3500. 
(C) All birds imported into California must be accompanied by a current interstate health certificate issued by a USDA accredited veterinarian stating that the veterinarian has examined the bird(s) and has found that they are not exhibiting any signs or symptoms of any infectious or contagious disease.
(D) The permittee shall notify the regional manager where abatement activities are to occur at least five days prior to activity taking place. The notification shall include the following information: 
1. copy of the permit;
2. name(s) and address where the activity will be conducted; 
3. date(s) the abatement will take place; 
4. the temporary housing location in California for the birds listed on the permit. 
5.The information shall also be provided to the department's License and Revenue Branch and attached to the permit.
(E) A department regional manager, or regional manager designee, may restrict activities authorized by this permit at any time to address the biological issues occurring within his/her region.
(F) Every effort shall be made to keep birds used for abatement from escaping into the wild and every effort must be made to retrieve any that escape into the wild. The permittee must notify the department regional manager, or regional manager designee, and the department's License and Revenue Branch within 48 hours if a bird escapes and is not retrieved.
(G) Birds used for abatement shall be housed in facilities that meet or exceed the permanent caging standards described in Section 671.3. 
(9) Research. Issued to any university, college, governmental research agency, or other bona fide scientific institution, as determined by the department, who engages in scientific or public health research and meets the requirement as specified in subsection 671.1(c)(2)(M). The permittee may import, transport, breed, and possess only those species specified on the department approved permit. Only persons asking for department determination as a bona fide scientific institution are required to meet the requirements specified in subsection 671.1(c)(2)(L). Additional requirements are specified in subsection 671.1(c)(2). 
(10) Shelter. Issued to any person who is a resident, who possesses the qualifications listed in subsection 671.1(c)(1), and who has a statement in writing signed by the department's regional manager with jurisdiction over the proposed facility verifying the need for a shelter or similar facility in the area, to transport and possess restricted species for humane purposes only. The permit fee may be waived upon recommendation of the regional manager when they determine it is in the best interest of the public, the animal, or the department to do so. Additional requirements are specified in subsection 671.1(c)(2).
(A) Special Authorizations. 
1. A permittee may exhibit animals at its facility for fund-raising purposes. 
2. The department may authorize a permittee to import restricted species upon receipt of written verification that appropriate facilities outside of California were contacted and no housing was available, and that these specific animals would be euthanized if they cannot be imported into California. 
(11) Single Event Breeding for Exhibitor. Issued to any person who is a resident and permitted pursuant to subsection 671.1(b)(6), possesses the qualifications listed in subsection 671.1(c)(1), and provides a breeding plan as specified in subsection 671.1(c)(2)(F) to conduct a one time, single breeding of an animal specified on the department approved permit. The permit may be renewed annually, but only upon submitting written verification by a veterinarian accredited by the USDA that the breeding previously authorized was not successful. Additional requirements are specified in subsection 671.1(c)(2). 
(12) Fish. Issued to any person who is a resident and is in the retail, wholesale or importation business of selling fish or aquaculture product. The permittee may import, transport, possess and offer for sale only those species listed on the restricted species permit. Additional requirements are specified in subsection 671.1(c)(2) and Section 671.7. 
(c) Qualifications, Application Fees, and Permit Information.
(1) Qualifications. Applicants or the applicant's full-time employee shall be at least 18 years of age and possess the equivalent of at least two years, full-time, paid or volunteer, hands-on experience caring for restricted species at facilities engaged in a similar or directly related activity to the permit requested. Applicants or the applicant's full-time employee shall have at least one year full-time hands-on professional experience working with restricted species in the same family or closely related taxonomic family as each species being requested. Experience will be considered only for the periods the applicant or the applicant's full-time employee was directly involved in and responsible for the animals while engaged in the activity requested on the permit and only when acquired within five years of the date of the initial permit application. Any person who applies for an Animal Care, Aquaculture, AZA, Broker/Dealer, Fish or Research permit is exempt from this experience requirement. Applicants must be residents of California, except that AZA, Exhibiting, Broker/Dealer and Nuisance Bird Abatement permits may be issued to nonresidents.
(2) Application. The applicant for a new permit, amendment to an existing permit, or permit renewal shall submit the completed application or document, as specified in Section 703, to the address listed on the application.
Persons who apply for an Aquaculture or Fish permit are exempt from the application requirements (B) through (N) and shall instead follow the requirements in Section 671.7.
The following information and documents shall accompany an application for each permit, amendment, renewal, or upon change or expiration unless specified as exempt or as specifically required. 
(A) An inventory of each animal requested including the common and scientific name, sex, and age of each animal. Any person who applies for an Aquaculture or Fish permit shall also provide the actual number of animals specified by either the weight, volume or count. 
(B) Written certification from a veterinarian accredited by the USDA shall be required for inspections as specified in subsection 671.1(c)(7)(B) except if inspected by the department. The certification must be signed by the veterinarian and must include the veterinarian's printed name, address and license number. 
(C) A resume which provides the dates and description of an applicant or their full-time employee's experience. The resume is required only when applying for the original permit, an amendment, or when applying to add new species to the inventory upon renewing a permit. Any person who applies for an Animal Care, AZA, Broker/Dealer or Research permit is exempt from this requirement. 
(D) A copy of current license or registration document required by the USDA (for mammals only) and a copy of the most recent USDA facility inspection form completed for the facility shall be on file with the department at all times. The department may waive compliance for initial applications by California residents. However, a copy of the issued USDA license or registration document shall be provided to the department within 10 business days of receipt. Any person who applies for an Animal Care, Nuisance Bird Abatement or Shelter (non-exhibiting) permit is exempt from this requirement. 
(E) A letter of recommendation, written in the previous five years, on letterhead stationary signed in ink by the owner or operator of a facility where the applicant or their employee gained his/her experience. The letter must provide the printed name of the owner or operator and detailed information regarding the quality and extent of the applicant's or their employee's, knowledge and experience related to the permit requested. Any person who applies for an Animal Care, AZA, Broker/Dealer or Research permit is exempt from this requirement. 
(F) Breeding Plan. Only persons who apply for a Breeding or Single Event Breeding for an Exhibitor permit are required to comply with these requirements. A breeding plan shall include the items listed below and allow the department to determine that the breeding of the species will not result in risk to animal welfare, wildlife populations, livestock and poultry health, public health and safety; and there is an authentic and legitimate scientific, conservation, exhibition, or educational use certified by a recognized scientific, conservation or educational institution, or licensed professional in breeding or exhibition of restricted species. Breeding of restricted species is prohibited unless specifically authorized by the department. The breeding plan is required with the original application annually and when applying to add a new species to the breeding plan. The breeding plan shall include all of the following in order to be considered complete:
1. An official signed document on letterhead from a bona fide scientific, conservation or educational institution, or licensed professional in the breeding or exhibition of restricted species, confirming that there is a legitimate scientific, conservation, exhibition, or educational need for the breeding in the coming year. The person confirming the need for the breeding shall demonstrate that they have at least five years experience working with the species identified in the breeding plan. The statement must contain the printed name and be signed in ink by an official representative of the organization providing the statement.
2. A plan of operation that includes the anticipated number of progeny produced in the coming year, caging availability, and veterinarian care.
3. A description of how the progeny will be uniquely identified if required under subsection 671.1(c)(2)(K). 
4. The department may deny the renewal of a breeding permit if it determines that the use of a permitted animal was inconsistent with the breeding plan. The Department may require a permittee seeking to renew a breeding permit to provide documents, including but not limited to client lists with contact information or contracts with clients, demonstrating that the use of a permitted animal was consistent with the breeding plan.
(G) Nonresident Exhibitors. Applicants shall submit a copy of a current and valid contract or other written confirmation that specifies each place and length of time where the exhibition will take place in California. If no contract is in effect at the time of application, copies of past contracts and/or written descriptions of anticipated performances being negotiated shall be substituted. Applicants shall submit a complete exhibiting itinerary using the Restricted Species Nonresident Exhibiting Permit Itinerary form specified in Section 703 with their initial or renewal application or upon change to its current itinerary. The department shall receive itinerary changes at least 72 hours prior to entry. The itinerary shall provide the location(s) and date(s) where the nonresident applicant or permittee intends to perform within this state. Only persons who apply for a Nonresident Exhibiting permit are required to comply with this requirement. 
(H) A statement of purpose describing in detail the planned use for each animal. Applicants shall include relevant materials including, as appropriate, any lists of prospective clients with their contact information or contracts with clients or websites, scripts, brochures or flyers promoting or describing the planned use of the animals. If the animals will be used in an educational program, the applicant shall provide an explanation why live restricted species are necessary and samples of the educational material and message that will be distributed. The department may deny the issuance of a permit if it determines that the statement of purpose for the animal(s) does not sufficiently describe the planned use for each animal or is not supported by the permit application materials. The department may deny the renewal of a permit if it determines that the use of a permitted animal was inconsistent with the statement of purpose. The Department may require a permittee seeking to renew a permit to provide documents, including but not limited to client lists with contact information or contracts with clients, demonstrating that the use of a permitted animal was consistent with the statement of purpose. Any person who applies for an Animal Care, AZA, Breeding, Research or Single Event Breeding For Exhibitor permit is exempt from this requirement. 
(I) A copy of all current permits required by the United States Fish and Wildlife Service (USFWS) shall be on file with the department at all times. The department may waive compliance for initial applications by California residents. A copy of the issued USFWS license or registration document shall be provided to the department within 10 business days of receipt. Any person who is required to possess a USFWS permit for the restricted species applied for or listed on a department-approved permit is required to comply with these requirements. 
(J) Emergency Action Plan. 
1. Every restricted species permittee shall have a written Emergency Action Plan readily available and posted in a conspicuous place in the event of an escape, an attack or an emergency evacuation, and shall submit a copy to the department upon initial application, renewal of a permit and addition of species. The Emergency Action Plan shall be titled, with a revision date, updated annually and include, but is not limited to the following:
a. List of the re-capture equipment available, including but not limited to darting equipment, nets, traps, and chemical immobilization drugs; 
b. Description of humane lethal dispatch methods for various animals and a list of qualified personnel who are trained to carry out the methods;
c. List of medical supplies/first aid kits and where they are located;
d. Description of mobile transport cages and equipment on hand;
e. List of emergency telephone numbers that includes the local department regional office, 911, and animal control agencies; and 
f. Written plan of action for emergencies.
2. Permittees are responsible for the capture, and for the costs incurred by the department related to capture or elimination of the threat, of an escaped animal or the use of humane lethal force required to capture an animal that escapes. If an escaped animal becomes a public safety threat, state, federal, or local law enforcement personnel have the authority to use appropriate lethal force required to end the threat. 
3. Any incident involving an animal held under a restricted species permit that results in serious injury or death to a person shall be reported immediately to the department's regional office having jurisdiction over the area in which the serious injury and death has occurred. If the department determines that serious injury or death has occurred as a result of contact with an animal held under the authority of a restricted species permit, the authorizations and conditions of the permit may be reviewed and subject to change by the department. Additional conditions to the permit may be added at anytime to provide for human health and safety. 
4. Permittees shall immediately report by telephone the intentional or unintentional escape or release of a wild animal to the department regional office and the nearest law enforcement agency of the city or county in which the wild animal was released or escaped.
(K) Unique Identification. 
1. Every elephant, non-human primate, bear, wolf, gila monster, and animal in the Family Felidae that is possessed under a restricted species permit shall be identifiable by an approved unique identifying method and reported to the department for inclusion in a registry. Approved methods include microchips, tattoos or any other alternative method that is approved by the department. The department may approve an alternative method if the permittee provides written verification from a veterinarian accredited by the USDA explaining why it would be detrimental to the health of the animal to microchip or tattoo the animal and what alternative method of unique identification would be suitable. 
2. Every permittee who possesses an animal that requires unique identifiers shall conform to the provisions of this section and provide documentation of an animal's unique identifier or proposed alternative method to the department on or before December 31, 2011. Each permittee must provide an animal's unique identification to the department within 10 business days of receipt or transfer of an animal, the birth or death of an animal, or change in unique identification for an animal.
3. The department shall continue to maintain a record of the unique identification for each animal until it is transferred out of state or until the death of the animal.
(L) Bona fide scientific research institutions, as identified in subsection 671.1(b)(9), shall submit the following with the initial application and for each additional new species (only required from persons who are not a university, college or governmental research agency and are asking for department determination as a bona fide scientific research institution):
1. At least one letter of recommendation from a university, college, governmental research agency or other bona fide scientific research institution, as recognized by the department, with expertise with the species and in the field of the proposed project. The letter must contain specific reasons for the support and a statement verifying that the anticipated results are reasonably achievable using the species and techniques described.
2. A description of the proposed project stating the objectives, and if experimental or manipulative, a study plan based on the “Scientific Method”.
3. The estimated completion date of the project.
4. The anticipated benefits of this research.
(M) Applicants for a research permit shall include proof that the applicant is part of a federal program or have a permit meeting or exceeding Federal Requirements such as those under the NIH guidelines administered by an IACUC. Only persons who apply for a Research permit are required to comply with these requirements.
(N) Every permittee shall provide written notice to the department's License and Revenue Branch at least 10 business days prior to receipt or transfer of an animal within or out of the state and within 10 business days after the death of an animal. The notice shall include the common name, scientific name, sex, and age of the animal, the date of the acquisition, transfer or death. The notice shall also contain the unique identification method for animals to be acquired or the unique identifier for animals being transferred or reported deceased and the name and address of where the animal is being acquired from or transferred to within or outside of the state if applicable. Research and AZA permittees shall provide notice only for the animals designated as detrimental and for which a permit is required. 
(3) Term of Permit. Permits issued under the provisions of this Section 671.1 shall be valid for a term of one year from the date of issuance.
(4) Denial. 
(A) The department may deny the issuance of a permit or amendment of an existing permit if:
1. the applicant or permittee has failed to comply with terms and conditions of a permit or any provision of the Fish and Game Code or regulations adopted pursuant thereto;
2. the applicant or permittee has failed to comply with any provision of any statute, regulation, rule or ordinance existing in any other state or in any city, county, or other local governing entity in any other state, that is related to the care and permitting of restricted species listed in Section 671, so long as the failure to comply would constitute a violation of the Fish and Game Code or regulations adopted pursuant thereto if it had occurred in this state or
3. the applicant or permittee has failed to comply with any provision of any federal statute, regulation, or rule that is related to the care and permitting of restricted species listed in Section 671, so long as the failure to comply would constitute a violation of the Fish and Game Code or regulations adopted pursuant thereto if it had occurred in this state; or
4. the department determines that the application or other documents submitted do not support the statement of purpose/use for the animal(s).
(B) The department shall deny the issuance of a permit or amendment of an existing permit if the applicant or permittee fails to demonstrate compliance with the conditions of subsections 671.1 (b) and (c). Before denying an application for this reason, however, the department shall notify the applicant that it has not received sufficient materials or information pursuant to subsections 671.1 (b) and (c). The applicant may amend or supplement an application with additional information or materials, but these supplemental materials shall be postmarked no later than 30 days after the date of the proof of service accompanying the department's notification. New applications may be submitted at any time.
(C) All notifications, denials, or other correspondence sent from the department to an applicant or permittee under subsections 671.1(c)(4), (c)(5) and (c)(6) shall include a proof of service that consists of a declaration of mailing, under penalty of perjury, indicating the date of mailing the department's notification, denial, or other correspondence.
(5) Revocation. Any permit issued pursuant to these regulations may be suspended or revoked at any time by the department for failure to comply with the terms and conditions of the permit or for failure to comply with any provision of the Fish and Game Code or regulations adopted pursuant thereto. Unless the permittee has been convicted in a court of competent jurisdiction of violating one of these provisions, the suspension or revocation shall not take effect until the time to request an appeal pursuant to subsection 671.1(c)(6) has expired. A timely request for an appeal will stay the department's suspension or revocation if the permittee was not convicted of violating the Fish and Game Code or regulations adopted pursuant thereto. 
(6) Appeal. Any applicant or permittee who is denied a permit, an amendment to an existing permit or has a permit suspended or revoked by the department pursuant to these regulations may appeal that denial, suspension, or revocation by filing a request for an appeal with the commission that is postmarked no later than 30 days after the date of the proof of service accompanying the department's notice of denial, suspension, or revocation. The commission shall not consider a request for an appeal with a postmark later than 30 days after the date of the proof of service accompanying the notice of denial, suspension, or revocation.
(A) No later than 30 days after filing an appeal (as indicated by the postmark on the request for an appeal), a person requesting an appeal (appellant) shall submit a written statement to the commission that specifically identifies the legal and factual grounds for challenging the department's action. Upon a showing of good cause, the commission may grant an appellant's request for an additional 30 days to submit appellant's written statement provided the appellant's request for additional time is received by the commission no later than 30 days after the postmarked date of the request for appeal. The appellant's written statement shall be signed by the appellant under penalty of perjury. Upon receipt, the commission shall forward to the department a copy of all appeal-related materials it receives from the appellant, including, a copy of the request for an appeal, any requests for additional time, and the appellant's written statement. 
(B) No later than 30 days after receipt of the appellant's written statement, the department shall submit a response to the commission, with a copy sent to the appellant, along with any supporting documentary evidence and/or declarations under penalty of perjury. 
(C) No later than 15 days after receipt of the department's response, the appellant may submit a reply to the commission signed by the appellant under penalty of perjury, with a copy sent to the department.
(D) The commission's president may appoint a commissioner, a former executive director of the commission, or a member of the state bar of California with at least 10 years experience in the active practice of law and determined qualified by the president, to serve as a hearing officer. Following the appellant's and the department's submittals on the appeal, the hearing officer may request additional information, including testimony under oath, from either party, and may permit either party to present additional information or rebuttal if the hearing officer determines such to be helpful in reaching a correct decision.
(E) In any appeal of the department's denial of an application for a permit or to amend an existing permit, if the hearing officer determines the appeal is based upon new evidence or factual information that was not included in the application or otherwise submitted to the department prior to the department's denial, the hearing officer shall direct the applicant or permittee to file a new application or seek reconsideration by the department, and the request for appeal shall be closed. 
(F) No later than 60 days after receipt of all submittals and any additional information or rebuttal permitted by the hearing officer under subsection 671.1(c)(6)(D), the hearing officer shall prepare and submit a proposed decision to the executive director of the commission. The decision shall contain proposed findings and reasons for the commission's action. Upon receipt, the executive director of the commission shall provide both parties a copy of the hearing officer's proposed decision. A cover letter accompanying the proposed decision shall indicate the date when the commission will consider the proposed decision and a deadline for the parties to comment on the proposed decision. Copies of the proposed decision shall include a proof of service indicating the date the proposed decision is mailed to the parties. Each party may submit written comments on the proposed decision to the commission, however, these comments shall not exceed two pages, and they shall not refer to or introduce any new factual information or evidence that was not previously submitted to the commission.
(G) At a meeting of the commission no later than 60 days after receipt of the hearing officer's proposed decision, the commission shall consider adoption of the proposed decision, unless good cause exists to delay consideration of the proposed decision. The commission may by order adopt, revise or reject the proposed decision. The commission shall serve both parties a copy of the commission's order and decision. The order is final. 
(H) A party may request judicial review by filing a petition for writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure within 30 days from the date of service (postmark) of the order. The record of the proceedings as designated by the petitioner shall be prepared by the commission and delivered to petitioner's counsel or, if appearing pro se, the petitioner within 30 days after petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code.
(7) Fees. The following application and inspection fees will be required and adjusted annually as specified in Section 703.
(A) Application. A nonrefundable application fee is required when applying for a new permit, amending an existing permit and renewing a permit.
(B) Inspection. The applicant shall pay for two inspections each year. If an inspection requires more than two hours, or additional inspections are required to verify corrections of facilities or for compliance with these regulations an additional per hour fee shall be charged. The required inspection fee may be waived under the following conditions:
1. The inspection fee shall be waived if an applicant renewing a permit submits an annual statement from a veterinarian accredited by the USDA certifying that the animals and their housing have been inspected at least twice during the year, at six month intervals, and that the animals are being cared for and housed in accordance with applicable requirements in subsections 671.1(a)(9)(A)-(F), and sections 671.2 through 671.4.
2. In the case of animals to be acquired, the inspection fee shall be waived if a veterinarian accredited by the USDA will certify that the facilities meet the minimum applicable requirements in subsections 671.1(a)(9)(A)-(F) and sections 671.3 through 671.4 for the animals to be acquired and if the applicant certifies that the animals and their housing will be inspected at least once more, six months from the first inspection.
3. In the case of nonresident applicants for a new permit, the inspection fee shall be waived if a veterinarian accredited by the USDA will certify that the animals and their housing have been inspected and that the animals are being cared for and housed in accordance with applicable requirements in subsections 671.1(a)(9)(A)-(F) and sections 671.2 through 671.4 and if the applicant certifies that the animals and their housing will be inspected at least once more, six months from the first inspection.
4. In the case of aquatic animals under an Aquaculture or Fish permit, the inspection fee may be waived if a fish pathologist as defined in subsection 245(b)(5) has inspected the applicant's facilities within the last six months, determines that the facility's housing meets the minimum applicable requirements in section 671.7 and no fish health issues have been identified in the past year.
NOTE

Authority cited: Sections 713, 1002, 2118, 2120, 2122, 2150, 2150.2, 2157 and 2193, Fish and Game Code. Reference: Sections 2116, 2116.5, 2117, 2118, 2120, 2150, 2150.2, 2151, 2157, 2190, 2193 and 2271, Fish and Game Code; Section 1094.5, Code of Civil Procedure; and Section 69950, Government Code.
HISTORY

1. Amendment filed 5-6-75 as an emergency; effective upon filing (Register 75, No. 18). For prior history, see Register 75, No. 4.
2. Certificate of Compliance filed 7-3-75 (Register 75, No. 27).
3. Amendment of subsection (a) filed 5-11-79; effective thirtieth day thereafter (Register 79, No. 19).
4. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
5. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
6. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
7. Repealer and new section filed 2-26-92; operative 2-26-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
8. Amendment of subsection (b)(5)(A)2b and new subsections (b)(9) and (c)(6)(A)9 filed 12-7-94; operative 12-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 49).
9. Repealer and new section filed 8-27-98; operative 9-26-98 (Register 98, No. 35).
10. New subsections (a)(9)-(a)(9)(G) and amendment of Note filed 4-14-2003; operative 5-14-2003 (Register 2003, No. 16).
11. Amendment of subsection (a)(9)(G) and new subsections (a)(9)(H)-(I) filed 8-28-2003; operative 9-27-2003 (Register 2003, No. 35).
12. Amendment of section and Note filed 3-9-2011; operative 4-8-2011 (Register 2011, No. 10).
§671.2. Humane Care and Treatment Standards.
Note     •     History

(a) Care and Treatment. Except as provided by subsection (c) below, every person who imports, transports, or possesses a restricted species shall comply with the following provisions:
(1) Food. Food shall be wholesome, palatable and free from contamination and shall be supplied in sufficient quantity and nutritive value to maintain the animal in good health. The diet shall be prepared with consideration for the age, species, condition, and size of each animal.
(2) Feeding. Animals not in hibernation shall be fed at least once a day. Food receptacles shall be clean and sanitary. Food shall be accessible to all animals in the enclosure and placed to prevent contamination. If self-feeders are used, adequate measures shall be taken to prevent mold, contamination, deterioration or caking of food.
(3) Water. Potable water must be accessible to the animals at all times or provided as often as necessary for the health and comfort of the animal as directed by a licensed veterinarian. All water receptacles shall be clean and sanitary.
(4) Cleaning of enclosures. Excrement shall be removed from enclosures at least once per day or in the case of large pasture areas, large flight cages, breeding chambers or large natural habitat enclosures, as often as necessary to maintain animals in a healthy condition. When enclosures are cleaned by hosing or flushing, adequate measures shall be taken to protect confined animals from the direct spray.
(5) Disinfection of enclosures. After an animal with an infectious or transmissible disease is removed from a cage, room, or pen/run, that enclosure shall be disinfected in compliance with the directions of a licensed veterinarian.
(6) Pest control. Programs of disease prevention and parasite control, euthanasia and adequate veterinary care shall be established and maintained under the supervision of a licensed veterinarian. The pest control program shall be reviewed annually by the veterinarian for the safe use of materials and methods.
(7) Daily observation. Animals shall be observed every day by the person in charge of the care of the animals or by someone working under his or her direct supervision. Sick or diseased, stressed, injured, or lame animals shall be provided with veterinary care or humanely destroyed.
(8) Handling. Animals shall be handled expeditiously and carefully so as not to cause unnecessary discomfort, behavioral stress, or physical harm to the animal. Except as provided below, an animal may be placed on a chain and collar only when being transported by an attendant between areas on a permittee's premises or between a mode of conveyance and a worksite or veterinarian's office, or when the handler is working or exercising the animal(s) within the compound. Care shall be exercised to avoid harm to the handler or the general public. Animals shall be kept under control at all times and shall not be allowed to roam free outside of a compound, except when under the control of the handler during filming or exhibition.
Exceptions: Elephants chained pursuant to subsection 671.3(b)(2)(M)4. (see Department of Fish and Game Manual No. 671- 2/25/92). Raptors may be jessed and tethered.
(9) Chaining/staking. Animal(s) shall not be chained or otherwise tethered to a stake, post, tree, building or other anchorage, except during filming, training or exhibition, in an emergency situation or when repairs are being made to the cage. The animal(s) shall be under the direct supervision of the handler or his designee at all times.
Exceptions: Elephants chained pursuant to subsection 671.3(b)(2)(M)4. (see Department of Fish and Game Manual No. 671- 2/25/92). Raptors may be jessed and tethered.
(10) Public display. Animals shall be publicly displayed only for periods of time and under conditions consistent with the animal's health and comfort. The animal must be handled so there is no perceived risk to the public in the judgement of the department's enforcement officer, with sufficient distance allowed between animal acts and the viewing public to assure safety to both the public and the animals. Animals on display shall be contained within an escape-proof area or enclosure at all times when not under the immediate control of a handler. Circus or traveling show animals shall be allowed a rest period of at least 4 hours per day within an enclosure as directed by a licensed veterinarian.
(b) Log Requirement. Permittees shall maintain a written log in the English language for each animal in their possession which documents each animal's health care. The log shall contain the following information: date of acquisition, name and address of person from whom the animal was acquired, identifying marks or characteristics, date and description of illness and/or injury, health care treatment provided, name and signature of the person treating the animal, if applicable. This log shall be made available to department officers or its authorized agent on demand.
(c) Alternative Care and Treatment Authorized by Veterinarian. When specifically directed in writing by a licensed veterinarian, a person may provide alternative care and treatment. The veterinarian's written instructions for long-term care of the animals held under the permit shall be presented to the inspector at the time of inspection. The implementation of any short-term exceptions to the veterinarian's long-term instructions or to the provisions of subsections 671.2(a)(1) through (10) above shall be verified in writing in the animal's log by the permittee within 10 working days from the date of the action. Such exception shall not exceed two weeks without written concurrence from a licensed veterinarian.
NOTE

Authority cited: Section 2120, Fish and Game Code. Reference: Sections 2116.5, 2118 and 2120, Fish and Game Code.
HISTORY

1. Amendment filed 6-30-66; effective thirtieth day thereafter (Register 66, No. 20).
2. Amendment filed 1-24-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 4).
3. New NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
4. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
5. Repealer filed 7-15-87; operative 8-14-87 (Register 87, No. 29).
6. New section filed 2-26-92; operative 2-26-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
7. Amendment of section heading and subsections (a), (a)(4), (a)(8), (a)(9) and (b) filed 8-27-98; operative 9-26-98 (Register 98, No. 35).
§671.3. Minimum Facility and Caging Standards for Wild Animals Housed at Permanent Facilities.
Note     •     History

(a) General Housing Requirements and Specifications.
(1) All cages or enclosures shall be completely enclosed unless otherwise specified.
(2) Compatible animals may be held in the same enclosure if the required floor space is provided.
(3) Common walls between noncompatible animals shall be constructed so that animals cannot gain access to each other.
(4) If the ambient air temperature falls below that necessary to maintain the animal in a healthy condition, an artificial heat source that is sufficient to maintain that minimum ambient air temperature shall be provided.
(5) If a pool of water is required, the floor space occupied by the pool shall be in addition to the minimum floor space requirement unless otherwise specified.
(6) Night quarters, holding pens and nesting boxes may not be used as primary housing.
(7) Except as provided in subsection (b) below, all animals listed shall be housed in facilities that have double doors or, if individual cages do not have double doors, then a perimeter fence shall enclose the entire facility to prevent escape.
(8) All enclosures shall be provided with sufficient drainage to prevent standing water from accumulating.
(9) Wherever a concrete floor is specified, either wood plank flooring or natural substrate may be used to cover the concrete floor.
(10) The following are minimum pen, cage or enclosure size requirements:

MINIMUM PEN, CAGE OR ENCLOSURE SIZE REQUIREMENTS

		Floor Space		Interior Ceiling
		(Sq. Feet)		or Outside Fence
	One	Two	Each Additional	Height
Type of Animal	Animal	Animals	Animal	(Feet)

CLASS AVES—Birds
 Ploceidae, Estrildidae,
 Zosteropidae	4	4	+3/animal	2 Ceiling
 More than 2 birds requires a cage height of 6 feet.
 Alaudidae, Cuculidae,
  Turdidae, Sturnidae	6	6	+4/animal	4	”
 More than 2 birds requires a cage height of 6 feet.
 Corvidae	12	24	+12/animal	5	”
 More than 2 birds requires a cage height of 6 feet.
Falconiformes, Strigiformes
 Eagle, Hawkeagle, Vulture	100	150	+50/animal	7	”
 Red-tailed hawk, Grt Horn Owl	64	96	+32/animal	7	”
 Peregrine falcon, Barn owl 	48	72	+24/animal	7	”
 Sparrow hawk, Screech owl,
 Burrowing owl	36	54	+18/animal	6	”

CLASS MAMMALIA—Mammals
PRIMATA
 NOTE: The cage size requirement for two primates also meets the cage size requirement for a pair and their progeny under the age of 2 years. 

 Gorilla	300	500	+200/animal	8 Ceiling
 Orangutans	200	400	+200/animal	10	”
 Chimpanzees	200	300	+100/animal	8	”
 Baboons	100	200	+100/animal	8	”
 Gibbons, Langurs	100	200	+50/animal	9	”
 Macaques	80	120	+40/animal	8	”
 Woollys, Spiders, Howlers,
 Sakis, Capuchins	64	96	+32/animal	8	”
 Marmosets	16	24	+8/animal	8	”
 Squirrel, Titis, Owl	36	54	+18/animal	8	”
 Tree Shrew	9	12	+3/animal	3	”

EDENTATA
 Sloth	30	40	+10/animal	8 Ceiling
 Armadillo:
  (less than 15” length)	12	16	+3/animal	1.5	”
  (15” to 36” length)	30	40	+10/animal	3	”
  (greater than 36”)	80	100	+20/animal	5	”
 Tamandua	40	50	+10/animal	7	”
 Giant Anteater	200	300	+100/animal	6	”

MARSUPIALIA
 Sm. Opossums	9	12	+3/animal	3	”
 Lg. Opossums	20	30	+10/animal	5	”
 Sm. Wallaby	60	90	+30/animal	5 Fence/Wall
 Lg. Wallaby	200	300	+100/animal	6 Fence/Wall
 Tree Kangaroo	80	100	+20/animal	8 Ceiling
 Lg. Kangaroo	200	300	+100/animal	8 Fence/Wall
 Wallaroo	200	300	+100/animal	6 Fence/Wall

INSECTIVORA
 Hedgehog, Shrew, Mole	3	6	+3/animal	1 Ceiling
DERMOPTERA
 Gliding Lemur	50	65	+15/animal	8	”

CHIROPTERA
 Bats          	Use same cage dimensions as
               	comparably sized finches, parrots, or
                	hawks (see bird section).

MONOTREMATA
 Spiny Anteater	25	35	+10/animal	5 Ceiling
 Platypus	(See Monotremata details
	in subsection (b)(2)(G))

PHOLIDOTA
 Scaly Anteater
  Terrestrial forms	Same as armadillos
  Arboreal forms	Same as sloth

LAGOMORPHA
 Wild Rabbit or Hare	20	28	+8/animal	5 Ceiling

RODENTIA
 Squirrel, Flying	20	40	+10/animal	8	”
 Squirrel, Tree	20	40	+10/animal	8	”
 Squirrel, Ground	20	40	+10/animal	5	”
	(Up to 4 animals may be held in 40 sq. feet)
 Chipmunk	20	30	+10/animal	5	”
	(Up to 3 animals may be held in 30 sq. feet.)
 Prairie Dog (males)	20	30	+10/animal	5	”
 Acushi	20	30	+10/animal	5	”
 Agouti	30	40	+10/animal	5	”
 Paca	30	40	+10/animal	5	”
 Crested Porcupine	40	80	+40/animal	6	”
 N.A. Porcupine	30	40	+10/animal	7	”
 S.A. Porcupine	20	30	+10/animal	7	”
 Muskrat	30	40	+10/animal	6	”
 Beaver	80	120	+40/animal	5	”
 Capybara	100	150	+50/animal	5	”

CARNIVORA
 Canidae
Fennec or Kit Fox	80	100	+40/animal	6 Ceiling
Bat-eared Fox/Arctic Fox	80	100	+40/animal	6	”
Gray Fox	80	100	+40/animal	8	”
Red Fox	80	100	+40/animal	6	”
Jackal	150	200	+100/animal	6	”
Coyote	150	200	+100/animal	6	”
Wolf	200	300	+200/animal	6	”
Cape Hunting Dog	200	300	+100/animal	6	”
 Ursidae
Sun Bear	200	300	+100/animal	8 Ceiling
American Black Bear	300	450	+150/animal	8	”
Asiatic Black Bear	300	450	+150/animal	8	”
Sloth Bear	300	450	+150/animal	8	”
Spectacled Bear	300	450	+150/animal	8	”
Polar Bear	400	600	+200/animal	10	”
Grizzly Bear	400	600	+200/animal	8	”
Russian Brown Bear	300	450	+150/animal	8	”
Kodiak Bear	400	600	+200/animal	10	”
Procyonidae
Kinkajou	40	50	+10/animal	7 Ceiling
Coatimundi	50	60	+10/animal	7	”
Raccoon	60	80	+20/animal	8	”
 Mustelidae
Weasel/Mink/Ferret	30	Up to 4 in 30 sq. feet	+10/animal	6 Ceiling
Tayra	40	50	+10/animal	6	”
Grison	30	40	+10/animal	6	”
Marten	40	50	+10/animal	7	”
Wolverine	100	200	+100/animal	6	”
Spotted Skunk	20	Up to 2 in 20 sq. feet	+10/animal	6	”
Striped Skunk	30	Up to 2 in 30 sq. feet	+10/animal	6	”
Otter	100	200	+100/animal	6	”
Badger	60	80	+30/animal	6	”
 Viverridae
Genet, Civet	40	50	+10/animal	7 Ceiling
Binturong	100	150	+50/animal	8	”
Mongoose	80	100	+40/animal	6	”
 Hyaenidae
Hyena	200	300	+100/animal	6 Ceiling

FELIDAE
 Lion, Tiger, Cheetah,
  Snow Leopard, and
  hybrids thereof	300	450	+150/animal	8 Ceiling
 Black & Spotted Leopard,
  Jaguar, Clouded Leopard,
  Mountain Lion, European Lynx
  and hybrids thereof	200	300	+100/animal	8	”
 Caracal, Bobcat, Canada Lynx,
  Golden Cat, Ocelot, Serval,
  Jungle Cat, Fishing Cat and
  hybrids thereof	80	120	+40/animal	8	”
 Margay, Leopard Cat, Pallas Cat,
  Marble Cat, Geoffroy's Cat,
  African Wild Cat, European
  Wild Cat, Jaguarundi, Little
  Spotted Cat, African Black Footed
  Cat, Sand Cat, Flatheaded
  Cat, Pampas Cat and 
  hybrids thereof	60	90	+30/animal	8	”

TUBULIDENTATA
 Aardvark	200	300	+100/animal	6	”

PROBOSCIDEA
 Elephant	1500	3000	+1500/animal	12 Barn height

HYRACOIDEA
 Hyrax	16	20	+4/animal	4 Ceiling

PERISSODACTYLA
 Tapir	300	500	+300/animal	6 Fence/Wall
 Rhinoceros	1500	3000	+1500/animal	5 Fence/Wall
 Wild Ass	900	1300	+400/animal	6 Fence/Wall

		Floor Space		Interior Ceiling
		(Sq. Feet)		or Outside Fence
	One	Two	Each Additional	Height
Type of Animal	Animal	Animals	Animal	(Feet)

ARTIODACTYLA
 Peccary	100	150	+50/animal	4 Fence/Wall
 Wild Pig	150	200	+50/animal	4 Fence/Wall
 Pigmy Hippopotamus	700	1000	+300/animal	6 Fence/Wall

 Hippopotamus	1500	3000	+1500/animal	7 Fence/Wall
 Giraffe	1500	3000	+1500/animal	18 Barn height
 (The following Artiodactyla may have a 6 foot fence if the facility's perimeter fence is 8 foot.)
 White-tailed Deer	600	800	+200/animal	8	”
 Fallow Deer	600	800	+200/animal	8	”
 Elk/Red Deer	1000	1400	+400/animal	8	”
 Bison, European	1000	1400	+400/animal	6	”
 Buffalo	1000	1400	+400/animal	6	”
 Impala, Eland	1000	1400	+400/animal	8	”
 Other Antelope	600	800	+200/animal	6	”
 Aoudad	600	800	+200/animal	6	”
 Wild Goats & Sheep	600	800	+200/animal	6	”

(b) Specific Housing Requirements. Permittees shall comply with the following provisions except that material or construction may be substituted upon approval of the inspecting officer if the permittee produces written certification from a licensed civil or structural engineer that the material and/or construction is of equivalent strength.
(1) Class Aves—Birds
All birds, except indigenous birds and birds in the Orders Falconiformes and Strigiformes, listed in Section 671 shall be housed in cages having double doors so constructed that the exterior door must be closed before the interior door can be opened. Each door or gate shall be secured by a lock. Perches shall be large enough in diameter so that the bird's claws do not meet the toe or pad on the underside of the perch.
(A) Orders Falconiformes and Strigiformes. Noncompatible raptors shall be housed separately unless tethered. Birds of these orders held pursuant to a falconry license shall be maintained in accordance with Section 670, Title 14, CCR. Tethered raptors shall be provided with a perch designed for individual species of raptors. Tethered raptors shall be protected from predators and shall be provided with water for drinking and bathing. Tethers shall be constructed to allow the bird freedom of normal movement without becoming tangled; such tethers shall be of equal length (one on each leg). Raptors shall not be tethered continuously unless they are being flown on a daily basis or they are incapable of flying.
(2) Class Mammalia
(A) Order Primates
1. A shelter or a den box shall be provided. All primates shall be provided with natural or artificial sunlight.
2. Nocturnal primates shall be provided with privacy during their daytime hours.
3. Nest boxes shall be provided for species that use them (e.g., tamarins, marmosets, owl monkeys). Raised perches and roost sites shall be provided for arboreal or semi-arboreal species.
4. For brachiating species (gibbons and spider monkeys), sufficient vertical space must be provided for this activity which means perches shall be above the floor at a height that is at least equivalent to twice the length of an adult. The ceiling shall be high enough to allow room for the animal to stand erect on its perch with arms extended overhead.
5. Primates shall be provided with objects or exercise systems appropriate to the age and species to promote physical and psychological well-being. These may include sturdy ropes, bars, branches, and chains and rings.
6. New World Monkeys such as squirrel, titis, and owl, medium and large South American monkeys, such as spiders, woollys, howlers, capuchins, and sakis held prior to August 3, 1989 may be kept in the currently approved housing so that the prior social structure and environment of those animals may be maintained. All other housing requirements shall pertain to these animals.
7. Apes:
a. Gorilla, Orangutan and Chimpanzee
(i) The walls and top of the cage shall be constructed of either 6-inch reinforced concrete; or 8-inch reinforced concrete block; or 5/8-inch diameter steel bars spaced on not greater than 4-inch centers and welded to horizontal angle iron bars 1-1/4 inches x 1/4-inch thick which are spaced no greater than 3 feet apart; or 6-gauge chain link or welded wire attached to 1-5/8-inch schedule 40 steel pipe spaced on 5-foot centers with vertical bracing of 1-5/8-inch schedule 40 steel pipe spaced on 4-foot centers. The horizontal angle iron bars shall be welded to the corner posts. The bottom horizontal bar shall be no more than 3 inches above a concrete floor or footing. Welded wire shall be welded to the framework every foot. Chain link fencing shall be secured along all edges to the framework using tension bars which shall be bolted, not welded, to the framework at 12 inch intervals. All bolt attachments shall be further secured by spot welding. Walls shall be secured to a concrete footing deep enough below grade to preclude escape by digging. The framework for the walls and top of the cage shall be made of 1-5/8 inch outside diameter structural weight galvanized steel pipe or equivalent. Vertical support shall be set 2-1/2 feet in concrete.
(ii) Corner posts shall be either one 2-3/8 inch steel pipe or two 1-5/8 inch schedule 40 steel pipes bolted together with 3/8 inch steel bolts or equivalent.
b. Gibbon
(i) Construction shall be 9 gauge chain link or welded wire or equivalent.
8. Old World Monkeys
a. Baboon, mandrill, macaque, quenon, mangabey, langur, etc.
(i) 9 gauge wire or concrete construction.
9. New World Monkeys
a. Marmoset, squirrel, titis, owl and other similar-sized Monkeys.
(i) Cage mesh no greater than 1” x 2”.
b. Spider, woolly, howler, capuchin, saki, other medium and large sized South American monkeys, etc.
(i) 11 gauge wire or concrete construction.
(B) Order Edentata—Sloth, Anteater, Armadillo, etc.
1. The floor of the pen shall be at least 50% natural substrate. The walls of the pen shall be secured to a concrete footing or, if they are constructed of 11 gauge non-rusting chain link or welded wire, they shall be buried in the dirt deep enough to prevent escape by digging.
2. The pens for sloths may have a concrete floor and shall have limbs for climbing. One limb shall provide them an opportunity to get to a heat source.
(C) Order Marsupialia—Marsupial or Pouched Animal
1. The floor of the cage shall either be constructed of wood, or it shall be natural substrate. The surface of the paddock shall be natural substrate. Walls of the cage shall be secured to buried concrete or, if walls are constructed of 11 gauge non-rusting chain link or welded wire, they shall be buried in the dirt deep enough to prevent escape by digging.
2. Tree kangaroos and other arboreal marsupials shall be provided with limbs for perching, climbing and resting, a raised nest box or similar structure for seclusion and a heat source.
3. Kangaroos and wallabies shall be provided with a refuge area.
(D) Order Insectivora—Shrew, Mole, Hedgehog, etc.
1. The bottom of the cage shall be dirt, wood shavings or similar material over an escape-proof flooring.
2. A hide box or other refuge and protection from strong light are required.
(E) Order Dermoptera—Gliding Lemur
1. Limbs for perching and climbing and a rectangular cage are required.
(F) Order Chiroptera—Bat
1. Perching or other material shall be provided for the animal to suspend itself.
2 Protection from strong light shall be provided.
(G) Order Monotremata—Spiny Anteater, Platypus.
1. The floor of the cage shall be natural substrate. The walls of the cage shall be constructed of 11 gauge non-rusting chain link or welded wire, secured to buried concrete, or they shall be buried at least one foot below the surface.
2. Nest boxes with dry bedding or a natural burrow shall be provided for spiny anteaters. A heat source shall be provided.
3. A pool measuring at least 4 times the length of the animal(s) by 1-1/2 times the width of the animal by 2-feet deep shall be provided for platypuses for swimming and feeding. Each adult shall be provided with a dry land area equal to the surface area of the pool.
4. Platypuses require at least a 6-foot long, tunnel-like entrance to the nest box where water from the pool can be shed.
5. Platypuses shall be kept singly with young or paired only when breeding.
(H) Order Pholidota—Pangolin, Scaly Anteater
1. The floor of the cage shall be natural substrate or 4 inch concrete covered with permeable soil. The walls of the cage shall be constructed of 11 gauge non-rusting chain link or welded wire, secured to buried concrete, or they shall be buried at least one foot below the surface.
(I) Order Lagomorpha—Rabbit and Hare
All require tooth-resistant restraining materials and bone, wood or fibrous food to gnaw on.
1. The floor of a pen shall be constructed of concrete at least 2 inches thick or of 16 gauge non-rusting chain link or welded wire. Dirt or wood may be placed over the flooring.
(J) Order Rodentia—Muskrats, Porcupine, Squirrel, Beaver, Prairie Dog
All require tooth-resistant restraining materials and bone, wood or fibrous food to gnaw on.
1. Porcupine
a. New World porcupines require climbing perches.
b. A box shelter for seclusion is required.
2. Squirrel and Chipmunk
a. Arboreal forms require climbing perches.
b. Nest boxes are required for each animal.
c. The cage shall be completely enclosed with a welded wire and have a concrete floor.
d. The floor shall be covered with natural substrate, wood shavings or similar material.
3. Muskrat and Beaver
a. A pool of fresh water with easy entry and exit shall be provided. Half of the required floor space shall be a pool of water 2-1/2 feet deep.
b. A nest box or retreat shall be provided for each animal.
c. The walls of the cages for beaver shall be constructed of 9 gauge chain link or welded wire or equivalent construction; 11 gauge for muskrats.
d. The floor of the cages shall be constructed of 4-inch concrete or non-rusting 9 gauge chain link or welded steel wire. Such floors are not required if the side walls are anchored to equivalent materials which have been buried deep enough underground to prevent the animal's escape by digging.
e. Not more than 2 compatible adults of the same species and their offspring of the year may be held in the same enclosure.
4. Prairie Dog
a. The floor of a pen shall be constructed of 4-inch concrete, or 16 gauge, non-rusting woven wire or similar non-rusting material with mesh 1-inch in diameter. At least 1/4-inch diameter reinforcement rods shall be used along the outer edge of a concrete floor to help support concrete or concrete block walls. To facilitate drainage, 6-inch floor drains shall be installed in a concrete floor at the rate of one per 16 square feet. Floor drains shall be covered with 9 gauge non-rusting woven wire or similar material to prevent animals from escaping. Floor drains are not required when wire is used for entire floor. The floor shall be a minimum of 3 feet below ground level and covered with permeable soil or other mixture to ensure adequate drainage.
b. The walls of the pen below ground level shall be anchored to the floor and shall be of 4 inch concrete or concrete blocks or 9 gauge non-rusting woven wire or similar material with 1-inch mesh attached to the framework of steel or cedar posts. Above ground level the wall shall be of 18 gauge fur-farm netting with 1-inch mesh, 4-inch concrete or concrete blocks or similar material. The top shall be covered or the walls shall be at least 3-1/2 feet high and provide a non-climbable escape-proof barrier.
5. Acushi, Agouti, Paca and Capybara
a. Gnawing logs shall be provided.
b. A pool shall be provided for capybara.
c. Walls or fencing shall be anchored far enough below ground level to prevent escape by digging. Dirt substrate or similar natural material shall be provided.
(K) Order Carnivora—Raccoon, Weasel, Skunk, Mongoose, Wolf, Lion, Bear, etc.
1. Procyonidae—Raccoon, Coatimundi and Kinkajou
a. Limbs shall be required.
b. A nest box or sheltered retreat shall be provided.
c. The floor of the pen shall be constructed of 4-inch concrete, wood, or natural substrate over concrete or 9 gauge non-rusting chain link or similar material, or the walls shall be buried deep enough to prevent escape by digging.
d. The walls of the pen shall be constructed of 11 gauge chain link or equivalent, 4-inch concrete or concrete block. If no top is provided, the walls shall be of sufficient height and shall be constructed in a manner which makes them non-climbable to prevent escape.
2. Mustelidae
a. Weasel, Ferret, Mink, Marten, Tayra, Grison, and Skunk
(i) Limbs shall be required (except skunk).
(ii) A nest box shall be provided for each animal, except neutered European ferrets may have a large communal nest box.
(iii) The floor of the cage shall be constructed of one inch square or one inch by two inch mesh, 4-inch concrete, wood, 11 gauge non-rusting chain link or equivalent material with a covering of dirt or similar natural substrate.
b. Wolverine and Badger
(i) A natural or artificial den area shall be provided for each animal.
(ii) The floor of the cage shall be constructed of two inch by six inch wood or 4-inch concrete or non-rusting 9 gauge chain link or welded wire covered with 3 feet of permeable soil. Six-inch floor drains shall be installed in the concrete floor at the rate of one per 16 square feet. Floor drains shall be covered with 9 gauge non-rusting woven wire or similar material to prevent animals from escaping.
(iii) Walls of the cage shall be constructed of 9 gauge chain link or welded steel wire, 4-inch concrete, or concrete block. If no top is provided, walls shall be of sufficient height and shall be constructed in a manner which makes them non-climbable to prevent escape.
c. River Otter. (Sea otters shall be housed according to 9 CFR Sections 3.100-3.118.)
(i) A den area shall be provided for each animal.
(ii) A pool with fresh running water covering at least 1/2 of the required floor space and at least 2-1/2 feet deep shall be provided.
(iii) The floor of the cage shall be constructed of 4 inch concrete or dirt over such concrete or 9 gauge chain link or welded steel wire or the side walls shall be anchored to equal materials deep enough underground to prevent escape by digging. If concrete floor is used, 6 inch floor drains shall be used and they shall be covered with 9 gauge non-rusting woven wire or similar material to prevent animals from escaping.
(iv) The walls of the cage shall be constructed of 11 gauge chain link or welded steel fabric or equivalent construction.
3. Viverridae—Genet, Civet and Mongoose, Binturong
a. Limbs shall be provided.
b. A nest box or platform is required. A heat source shall be provided for genet, civet and mongoose.
c. The floor of the cage shall be constructed of 4-inch concrete or for civets and binturongs, it may be 11 gauge non- rusting welded steel fabric with 2-inch mesh and the cage for genets and mongooses shall be of 16 gauge welded steel fabric with 3/4-inch mesh which is covered with soil.
d. The walls of the cage for civets and binturongs shall be of 11 gauge welded steel fabric with 2-inch mesh and the cage for genets and mongooses shall be of 16 gauge welded steel fabric with 3/4-inch mesh, 4-inch concrete or concrete block.
4. Hyaenidae—Hyena
a. The floor of the cage shall be constructed of 4-inch concrete, or 2 by 6 inch or larger wood flooring or buried non-rusting  9 gauge chain link or welded wire with mesh no larger than 2 inches by 4 inches.
b. The walls of the cage shall be constructed of 9 gauge chain link or welded wire with mesh no larger than 2 inches by 4 inches, or 6-inch concrete or concrete block. If an animal is kept in a large enclosure in lieu of a cage, the floor shall be of natural substrate and the walls shall be anchored and extend at least 5 feet underground. If no top is provided, the walls shall be at least 10 feet high and constructed to be non-climbable by the animal or the walls shall be 8 feet high and shall have, in addition, a 2-foot overhang angling 45 degrees inward at the top.
c. A sheltered retreat and either a den or elevated wood platform shall be provided.
5. Canidae—Wolf, Coyote, Fox and Other Members of the Dog Family
a. Limbs shall be provided for gray and red foxes.
b. The floor of the cage shall be either natural substrate or constructed of two inch by six inch wood or 4-inch concrete or buried non-rusting 9 gauge chain link or welded wire. In lieu of the above, either the walls shall be buried at least 8 feet deep to prevent escape by digging, or a buried 3-foot wide concrete, chain link, or welded wire apron shall be provided which shall be attached to the inside of the bottom of the perimeter walls to prevent escape by digging at the walls. All buried chain link or welded wire shall meet the gauge requirements for walls.
c. The walls of the cage shall be constructed of 6-inch concrete or concrete block, chain link or welded wire. If chain link is used, it shall be 9 gauge for wolves and 11 gauge for other canids. If an animal is kept in a large enclosure in lieu of a cage, the floor shall be of natural substrate and the walls of the cage shall be anchored and extend at least 5 feet underground or a buried 3-foot wide concrete, chain link or welded wire apron shall be provided which shall be attached to the inside of the bottom of the perimeter walls to prevent escape by digging at the walls. If no top is provided, the walls shall be at least 10 feet high and constructed to be non-climbable by the animal or the walls shall be 6 feet high (except that the walls for the gray fox shall be 8 feet high) and shall have, in addition, a 2-foot overhang angling 45 degrees inward at the top.
d. A sheltered retreat and either a den or elevated wood platform shall be provided.
6. Felidae—Cat Family
a. Dens shall be provided and shall be adequate in size to provide privacy and comfort for all animals in the enclosure.
b. An elevated wooden loafing platform or an elevated dry natural substrate loafing area, adequate in size for all animals within the enclosure, shall be provided. The top of the den or den box may be designed to meet this requirement.
c. A tree limb or other suitable scratch block shall be provided.
d. The floor of the cage shall be natural substrate or constructed of wood or 4 inches of concrete or welded wire or the walls shall be buried deep enough to prevent escape by digging. All buried chain link or welded wire shall be non-rusting and shall meet the gauge requirements for walls.
e. Group I—Lion, Tiger, Cheetah, Snow Leopard, and Hybrids Thereof:
(i) A minimum of 100 square feet shall be of concrete or wood planking as a sanitary area for feeding unless a secured food receptacle which is cleaned daily is provided.
(ii) Walls and top of the enclosure shall be constructed of at least 9 gauge chain link. The framework for the walls and top shall be constructed of 1-5/8 inch schedule 40 steel pipe. Vertical posts shall be bolted to or anchored in concrete 1-1/2 feet deep by 10 inches in diameter spaced no more than 10 feet apart. Horizontal pipe supports shall be spaced no more than 4 feet apart and welded at the ends to the vertical posts. The above chain link fencing shall be secured to the vertical and horizontal framing on all sides using tension bars which shall be welded or bolted to the framework every 18 inches. Welded wire shall be welded to the framework every 12 inches on all sides. The bottom horizontal cross bar shall be no more than 3 inches above the concrete floor. If a bottom horizontal cross bar is not used, the walls shall be secured against the natural substrate or a wooden flooring in a manner which precludes escape. Corner posts shall be two 1-5/8-inch schedule 40 steel posts or one 2-3/8-inch schedule 40 steel post. The top cross members shall be spaced no more than 5 feet apart.
f. Group II—Black and Spotted Leopard, Jaguar, Clouded Leopard, Mountain Lion, European Lynx and Hybrids Thereof:
(i) At least 70 square feet of the floor space must be of concrete or wood planking as a sanitary area for feeding unless a secured food receptacle which is cleaned daily is provided.
(ii) Walls and tops shall be the same as for Group I cats.
g. Group III—Caracal, Bobcat, Canada Lynx, Golden Cat, Ocelot, Serval, Jungle Cat, Fishing Cat and Hybrids Thereof:
(i) At least 25 square feet of floor space shall be concrete or wood planking as a sanitary area for feeding, unless a secured food receptacle which is cleaned daily is provided.
(ii) Walls and top of the enclosure shall be constructed of at least 12 gauge chain link or equivalent. Corner posts shall be either one 2-3/8-inch schedule 40 steel pipe or two 1-5/8-inch schedule 40 steel pipes and anchored as provided for Group I cats.
h. Group IV—Margay, Leopard Cat, Pallas Cat, Marble Cat, Geoffroy's Cat, African Wild Cat, European Wild Cat, Jaguarundi, Little Spotted Cat, African Black Footed Cat, Sand Cat, Flatheaded Cat, Pampas Cat and Hybrids Thereof:
(i) At least 20 square feet of floor space shall be concrete or wood planking as a sanitary area for feeding, unless a secured food receptacle which is cleaned daily is provided.
(ii) Wall and top of the enclosure shall be constructed of at least 12 gauge chain link or equivalent. Corner posts shall be either one 2-3/8-inch schedule 40 steel pipe or two 1-5/8-inch schedule 40 steel pipes and anchored as provided for Group I cats.
7. Ursidae-Bear Family
Bears shall be classified into 3 groups: Group I= Sun Bears, Asiatic Black bears, Sloth bears and Spectacled bears; Group II= American Black bears and European brown bears; and Group III= Polar bears and Brown bears.
(i) Floors of the enclosure shall be constructed of reinforced concrete 4 inches thick or they shall be of natural substrate or wood with the walls secured to a concrete footing deep enough below grade to preclude escape by digging (at least 5 feet for Group III).
(ii) Vertical corner posts shall be made of either one 2-3/8- inch schedule 40 steel pipe or two 1-5/8-inch schedule 40 steel pipe. Other vertical, horizontal, and top cross member supports shall be made of 1-5/8-inch schedule 40 steel pipe for Group I and 1-7/8-inch schedule 40 steel pipe for Groups II and III. All horizontal pipe supports shall be spaced no more than 5 feet apart for any group. The bottom horizontal pipe shall be no more than 3 inches above the concrete floor.
(iii) The framework for the walls and top of the cage shall be constructed of materials that are equal or greater in strength than the corner posts with all upright members set 2-1/2 feet in concrete and spaced no more than 10 feet apart for Group I and II or 5 feet apart for Group III. The cross members (stringers) forming the framework for the top shall be spaced no more than 5 feet apart for any group. Iron pipe shall be standard grade for Groups I and II and structural strength grade for Group III.
(iv) For groups I and II the walls of the cage shall be constructed of 9 gauge chain link or welded wire with mesh no greater than 2 inches in diameter. For Group III bears the walls of the cage shall be constructed of 5 gauge chain link or welded wire. Welded wire shall be welded to the framework every 4 inches.
Chain link fencing shall be secured along all edges to the framework using tension bars which shall be bolted to the framework every foot. The walls of the cage for groups I, II and III bears may also be constructed of vertical steel bars or rods of 5/8-inch diameter, spaced on 4-inch centers, and welded at the ends to 1-1/4 inch x 1/4-inch angle iron.
The horizontal angle iron supports shall be welded to the vertical posts. The bottom horizontal support shall be no more than 3 inches above the concrete floor and each horizontal support shall be spaced no more than 4 feet apart between floor and top.
(v) The top of the cage shall be constructed of material equal to the wall requirements for the particular group of bears enclosed. Shade shall be provided by covering 1/4 to 1/2 of the top with exterior grade plywood, fiberglass, or similar material.
(vi) A concrete or concrete block den at least 4 feet high by 4 feet wide by 6 feet long or an equivalent shall be provided for each animal; or one den at least 4 feet high by 6 feet wide by 8 feet long for 2 animals or for a female and her offspring of the year. The top of the den shall be constructed of concrete which may be covered on top with wood for laying. A den shall be provided with shavings, straw, or a wooden platform or flooring for reclining. The den shall be provided with adequate ventilation to prevent condensation of moisture. The den box may be of wood if the den is completely within the cage.
(vii) A bear shall be provided with a suitable scratching post.
(viii) A pool deep enough for complete immersion shall be required for polar bears and the pool surface area shall be in addition to the minimum cage size requirement.
(L) Order Tubulidentata-Aardvarks
1. The floor of the cage shall be dirt. The walls of the cage shall be constructed of 9 gauge non-rusting welded wire or concrete which has been buried to a depth of at least 5 feet to prevent escape by digging.
(M) Order Proboscidea-Elephant
1. A heated barn shall be provided in any geographical area where the ambient air temperature drops below 40 degrees Fahrenheit. The floor of the barn shall be constructed of at least 6 inches of reinforced concrete. All lights and other such objects and obstacles in the barn shall be kept outside the reach of the elephant.
2. Elephants shall be provided free exercise unchained on dirt for a minimum of 5 hours per each 24-hour period.
3. An enclosure constructed of 6-inch reinforced concrete, 2- inch diameter steel bars or 4-inch diameter schedule 40 galvanized steel pipe shall be provided. No roof is required.
4. Chaining requirements:
a. Chains shall be secured to a concrete floor, concrete “dead man,” or other immovable anchor.
b. A covered chaining area shall be provided.
c. An elephant may be chained by only one rear leg and the opposite front leg and in such a manner as to restrict movement but still allow the animal to easily lay down and rise again. Chains shall be rotated to the other 2 legs daily.
d. Elephants chained for any extended period shall have their leg chains padded and shall be checked regularly to insure they are secure and to detect any injury to the leg.
e. Snaps and clips may be used only within a primary enclosure. A clevis or stronger type chain attachment shall be used outside the primary enclosure.
5. Either a pool shall be provided or the elephant shall be washed with water daily, as weather or temperature permit.
(N) Order Hyracoidea—Hyrax
1. Limbs shall be provided for arboreal species.
2. Nest box or sheltered retreat shall be provided.
3. The floor of the cage shall be constructed of 4 inch concrete which shall be covered with dirt or natural substrate.
4. The walls of the cage shall be constructed of 1/2 inch by 1 inch mesh welded wire.
(O) Order Sirenia—Dugongs and Manatees—These animals shall be maintained in a manner that complies with 50 CFR, Part 18, Section 18.13(c).
(P) Order Perissodactyla—Tapirs, Rhinoceroses, etc.
1. The floor of the pen shall be dirt or natural substrate.
2. The walls of the pen for tapirs shall be constructed of 9 gauge chain link, or equivalent material. The walls of the enclosure for rhinoceroses shall be constructed of 6-inch reinforced concrete, 2 inch diameter steel bars, or 6-inch heavy duty galvanized steep pipe.
(Q) Order Artiodactyla—Wild Pigs, Hippopotami, Deer, Giraffes, Wild Cattle, Antelope, etc.
1. Wild Pigs and Peccaries
a. A shelter with a roof and three walls shall be provided.
b. The floor of the pen shall be dirt or natural substrate.
c. The animals shall be precluded from escape by digging.
2. Hippopotami
a. A heated barn shall be provided in any geographical area where the ambient air temperature drops below 40 degrees Fahrenheit.
b. A pool shall be provided for the Nile hippopotamus which shall have surface area of at least 300 square feet and a 35-degree nonskid ramp. The pool shall be not less than 5 feet deep. For each additional animal there shall be a 25% increase in the required pool area.
c. A pool shall be provided for the pygmy hippopotamus which shall have a surface area of at least 100 square feet with a 35-degree nonskid ramp. The pool shall be not less than 3 feet deep. For each additional animal there shall be a 25% increase in the required pool area.
d. The walls of the corral or paddock enclosure shall be constructed of 5-inch reinforced concrete or 5-inch structural grade schedule 40 galvanized steel pipe.
3. Deer, Elk, Giraffes, Wild Cattle, Antelope, and Wild Goats and Sheep.
a. The floor of the pen shall be dirt or other natural substrate.
b. All animals shall be provided with a shelter which has a roof and three walls.
Shelters for giraffes shall provide at least 140 square feet of floor space for each giraffe. A heat source shall be provided for giraffes.
c. Fences for giraffe, elk and wild cattle shall be constructed of 9 gauge woven wire or chain link with mesh not more than 6 inches in diameter or equivalent. Posts shall be of structural grade schedule 40 quality steel pipe or structurally sound 4 x 4 wood, spaced not more than 12 feet apart. A 6-foot vertical fence, with or without overhang, shall be required; a 7- foot vertical fence is required for elk.
d. Fences for deer, antelope and wild goats and sheep shall be constructed of 11 gauge woven wire with mesh not more than 6 inches in diameter or equivalent. Posts shall be of structurally sound 4x4 wood or equivalent, spaced not more than 12 feet apart. A 7-foot vertical fence is required for elk, red deer, bison, buffalo, impala, eland, antelope, goats and sheep; a 6-foot vertical fence is required for white-tailed deer, fallow deer, auodad and sika deer.
(3) Class Amphibia—Frogs, Toads, Salamanders
(A) General Requirements:
1. The animal's enclosure shall be kept within a closed and locked room or building which has covers over all drains and openings to prevent escape of the amphibians from the building. All doors shall be equipped with sweeps. Containers or exhibits shall be labeled with the identification of current species and the number of animals contained inside.
2. The rock or aquarium substrate shall be non-abrasive and shall be kept clean.
3. Any transfer containers shall have locked tops and shall be constructed in a manner which shall prevent the likelihood of escape.
(B) Family Bufonidae
1. One ten-gallon standard commercial aquarium shall be provided for one animal and an additional three-fourths of a square foot (equivalent to one 5 gallon aquarium) shall be provided for each additional animal.
2. At least one-third of the bottom of the aquarium shall be covered with water and two-thirds shall be dry.
3. Animals shall be kept at a temperature of between 60-80 degrees Fahrenheit.
(C) Family Pipidae
1. One 10 gallon standard commercial aquarium shall be provided for one animal. The minimum floor space requirement shall be increased by 50 percent for each additional animal. Water at a minimum depth of 1 foot shall cover at least the minimum floor space requirement for the number of animals confined.
2. Animals shall be confined at a temperature of between 60-80 degrees Fahrenheit.
(4) Class Reptilia
(A) Order Crocodilia—Alligators, Caimans, Crocodiles, Gavials
1. The minimum cage length and width dimensions for one animal shall be equal to one and one-half times the length of the animal by one and one-half times the length of the animal. This space requirement shall be doubled for two animals and shall be increased by a factor of two-thirds for each additional animal thereafter.
2. One-third of the minimum cage space shall be water that is deep enough for the animal to immerse itself. If more than one animal is present in the pen, the pool shall be of sufficient size that all animals can immerse themselves simultaneously. Pool surfaces shall be made of non-abrasive material and the pool shall have a drain.
3. That portion of the pen not occupied by the pool shall be covered with non-abrasive material such as dirt or grass.
4. Crocodilians, except alligators and caimans less than 4 feet in length, shall be kept in a totally enclosed building or exhibit. Animals shall be confined in a manner which precludes their coming in contact with the public. The walls of an open pen for other crocodilians shall be equivalent to at least one foot in height for every one foot in length of the largest animal up to a maximum of 6 feet high. If any of the walls are made of a climbable material such as fencing, the top 1-1/2 feet of the wall shall be constructed of a slippery, nonclimbable material for all crocodilians except alligators. The walls for all species shall be buried deep enough to prevent escape by digging, or a buried apron shall be used. The walls of an open alligator pen shall be at least 4 feet high, and the corners shall be covered to prevent climbing. The upper one-half of the walls of the enclosure shall be constructed of either concrete or concrete block or 9 gauge chain link or welded wire with no greater than 2-inch x 4-inch size mesh. Concrete or concrete block shall be used for the bottom half of the enclosure. All chain link or welded wire edges shall be smoothly secured in a manner which will prevent injury to the animals.
5. Alligators may be kept outdoors if:
a. An external heat source is provided, and the pool temperature is maintained above freezing;
b. The pool is at least three feet deep; and
c. The nighttime temperature does not fall below freezing for more than 2 consecutive nights.
6. Crocodilians other than alligators may be confined outdoors between sunrise and sunset if:
a. The air temperature is above 65 degrees Fahrenheit.
7. Crocodilians other than alligators shall not be confined outdoors between sunset and sunrise.
(B) Family Chelydridae—Snapping turtles
1. The container or exhibit shall be labeled with the common and scientific name of the species and the subspecies, if known, and the number of animals contained inside.
2. Each turtle shall be provided with a minimum floor space that is equal to five times the size of the animal.
3. At least one-half of the minimum floor space shall be water which is deep enough to immerse the turtle.
(C) Snakes—Families Elapidae, Viperidae, Colubridae and Crotalidae
1. The container or exhibit for venomous snakes shall be labeled with the common and scientific name of the species and the subspecies, if known, and the number of animals contained inside. The label shall be legibly marked with the warning “Poisonous” or “Venomous.”
2. The perimeter of the enclosure for snakes less than 6 feet shall be 1-1/2 times the length of the snake. The perimeter of the enclosure for snakes over 6 feet shall be twice the length of the snake.
3. All venomous snakes shall be kept in a locked exhibit or container which shall be located within a locked building, compound or enclosure.
4. The floor of the enclosure shall be constructed of non-abrasive material and hiding areas shall be provided.
5. At least two fully trained people shall be present when an occupied enclosure is opened or when one of these snakes is handled. The names of the trained handlers shall be listed with the department's Wildlife Protection Division in Sacramento.
6. Written animal escape “emergency procedures” shall be clearly and conspicuously posted in the building housing these snakes and shall be supplied to the department at the time the permit application is initially submitted.
7. A notice shall be clearly and conspicuously posted on the premises which shall provide the location of the nearest most readily available source of appropriate antivenin and a written plan from a hospital stating how a venomous bite should be treated. Each enclosure shall be clearly and conspicuously labeled with the appropriate antivenin to be used for the species in the cage.
8. If a snake is transported or removed from its primary enclosure for feeding or in order to clean the enclosure, the snake shall be kept in a fully enclosed container with a secure and locked lid which has air holes or other means of ventilation.
9. Snake hooks shall be present for caring for these snakes.
10. The permittee shall telephonically notify the department of any snake bite on humans or escapes of any snakes within 24 hours and shall provide a written report of the incident to the department's Wildlife Protection Division in Sacramento within one week.
(5) All other Classes, Orders, Families, Genera and species for which specific caging and/or enclosure requirements have not been provided in sections (b)(1)-(4) above shall be humanely confined in a manner which precludes escape.
(c) Incorporation by reference of the Federal Animal Welfare Regulations and Federal “Guide for the Care and Use of Laboratory Animals.”
Except as otherwise provided in subsections (a) and (b) above, permittees shall follow the requirements of the Federal Animal Welfare Regulations contained in 9 Code of Federal Regulations (CFR), Sections 2.33; 2.40; 3.75-3.85; 3.101(a)(3); and 3.136-3.142, as amended from time to time, as the United States Department of Agriculture adopts regulations pursuant to the Laboratory Animal Welfare Act and its Amendments as found at 7 United States Code (USC), Sections 2131-2157. The Commission hereby incorporates by reference the cited Federal Animal Welfare Regulations and the “Guide for the Care and Use of Laboratory Animals,” (NIH Publication No. 86-23, Revised 1985) as if they were set out in full.
(d) Variances to Minimum Caging and Enclosure Requirements.
(1) The general requirements set forth in subsections (a) and (b) above are minimum standards for permanent facilities. Any deviation from these specifications because of the age of the animal being housed, the use of an unusual facility design, such as moats, islands, outdoor natural habitat enclosures, pits or barriers shall be subject to the approval of the inspecting officer with concurrence of the director. In granting any variance of the minimum caging and enclosure requirements, the inspecting officer and the director shall make a finding that the overall welfare of the animal(s) involved has been maintained.
(2) Those cat cages which substantially conform to the provisions of Section 671.3(b)(2)(K)6 on or before August 3, 1989, shall be “grandfathered in.” Existing cages, except currently approved cat cages, will be given three calendar years or until February 25, 1995 to comply with the new caging requirement set forth herein. The department may approve nonstandard cages on a case by case basis, if they substantially conform to the spatial requirements. The Regional Manager shall make a recommendation to the Chief of Patrol who will make the department's final decision. The department's final decision may be appealed to the commission.
(3) These minimum facility and caging standards do not apply to wildlife temporarily maintained pursuant to Section 251.5(f) as provided by Fish and Game Code Section 3005.5.
(e) Care of Laboratory Animals. With the approval of the department, prohibited wild animals used for research purposes may be confined and cared for pursuant to the provisions of the “Guide for the Care and Use of Laboratory Animals” adopted by the U.S. Department of Health and Human Services (NIH Publication No. 86-23, Revised 1985).
(f) Regulations Manual. The facility and caging requirements specific to animals that may be lawfully possessed are provided in the DEPARTMENT OF FISH AND GAME MANUAL 671 (2/25/92)-IMPORTATION, TRANSPORTATION AND POSSESSION OF WILD ANIMALS, which is incorporated by reference herein. Copies are available from the department's Wildlife Protection Division, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090. Facility and caging regulations of subsection 671.3(b) contained in DEPARTMENT OF FISH AND GAME MANUAL 671 (2/25/92) are hereby adopted and made part of this Title 14 and are thus incorporated by reference.
NOTE

Authority cited: 1002, 2116, 2116.5, 2118, 2120, 2122, 3005.9 and 3005.92 Fish and Game Code. Reference: 1102, 2116-2118, 2118.2, 2118.4, 2119-2155, 2185-2190, 3005.9 and 3005.92, Fish and Game Code.
HISTORY

1. Amendment filed 1-24-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 4).
2. Amendment filed 5-11-79; effective thirtieth day thereafter (Register 79, No. 19).
3. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
4. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
5. Renumbering and amendment of former section 671.3 to section 671.5 and new section filed 2-26-92; operative 2-26-92 (Register 92, No. 13).
§671.4. Transportation Standards for Exhibition of Live Restricted Animals.
Note     •     History

(a) Responsibility of Permittee. Permittees shall provide a copy of these regulations to any carrier or intermediate handler transporting wild animals. Permittees shall not transport or possess wild animals within the state for periods exceeding their exhibiting itinerary unless they provide facilities which meet the caging standards of Section 671.3 for each animal listed on their permit.
(b) Requirements for Carriers and Intermediate Handlers. (Also see subsections (d) and (f) of this Section regarding holding and food and water requirements.)
(1) Carriers and intermediate handlers shall not accept any animal presented by any person for shipment more than four hours prior to the scheduled departure of the primary conveyance on which it is to be transported.
(2) Carriers or intermediate handlers shall accept wild animals for transportation only if the transport cages are constructed in accordance with the provisions of subsection 671.4 (e)(1) below.
(3) Carriers or intermediate handlers whose facilities fail to meet the minimum temperature allowed by these regulations may not accept for transportation any live animal consigned by any person unless the consignor furnishes to the carrier or intermediate handler a certificate executed by a licensed veterinarian on a date which shall not be more than 10 days prior to delivery of such animal for transportation, stating that such live animal is acclimated to air temperatures lower than 7.2o C. (45o F.). A copy of such certificate shall accompany the shipment to its destination. The certificate shall include at least the following information: Name and address of the consignor; the number of animals in the shipment; a certifying statement (e.g., “I hereby certify that the animal(s) in this shipment is (are), to the best of my knowledge, acclimated to air temperatures lower than 7.2o C (45o F)”; and the signature of the accredited veterinarian, assigned accreditation number, and date.
(4) Carriers and handlers shall not commingle animal shipments with inanimate cargo. All animal holding areas of any carrier, handler, or any mode of conveyance shall be cleaned and sanitized often enough to prevent an accumulation of debris or excreta, to minimize vermin infestation and to prevent a disease hazard. An effective program shall be provided and maintained by the owner or operator of the holding facility for the control of insects, ectoparasites, and avian and mammalian pests for all animal holding areas. All animal-holding areas containing live animals shall be provided with fresh air by means of windows, doors, vents or an air conditioning system to minimize odors and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents or fans or blowers or air conditioning shall be used for any animal-holding area containing live animals when the air temperature within such animal-holding area is not compatible with the health and comfort of the animal. The temperature shall be regulated to protect the animals from temperature extremes. Animals shall not be placed in a direct draft.
(5) Carriers and intermediate handlers shall attempt to notify the consignee at least once every two hours following the arrival of any live animals at the animal holding area of the terminal cargo facility. The time, date and method of each attempted notification and the final notification to the consignee and the name of the person notifying the consignee shall be recorded on the copy of the shipping document retained by the carrier or intermediate handler and on a copy of the shipping document accompanying the animal shipment.
(c) Conveyances (motor vehicle, rail, air, and marine).
(1) The cargo space of any conveyance used to transport live animals shall be designed and constructed to protect the health, and ensure the safety and comfort of the live animals contained therein at all times.
(2) The animal space shall be constructed and maintained to prevent the ingress of direct engine exhaust fumes and gases from the conveyance.
(3) No live animal shall be placed in any cargo space that does not have sufficient air for normal breathing for each animal contained therein, and the transport cages shall be positioned in the animal cargo space so that each animal has sufficient air for normal breathing.
(4) Transport cages shall be positioned in the conveyance so that the animals can be quickly removed in an emergency.
(5) The interior of the animal cargo space shall be kept clean and sanitary.
(6) Live animals shall not be transported with any material, substance, (e.g., dry ice) or device which may be injurious to their health and well-being unless proper precaution is taken to prevent such injury.
(d) Handling Provisions.
(1) Carriers and handlers shall move live animals from animal holding areas to conveyances and from the conveyances to animal holding areas as expeditiously as possible. Carriers and handlers holding live animals in an animal holding area or transporting live animals from the animal holding area to the primary conveyance and from the primary conveyance to the animal holding area, including loading and unloading procedures, shall provide the following:
(A) Shelter from sunlight. Shade shall be provided to protect the animals from the direct rays of the sun. Animals shall not be subjected to surrounding air temperatures which exceed 29.5o C. (85o F.). The temperature shall be taken outside of the primary enclosure at a distance not to exceed 3 feet from any one of the external walls and on a level parallel to the bottom of the enclosure at a point which approximates half the distance between top and bottom of the enclosure.
(B) Shelter from rain or snow. Protection shall be provided so animals remain dry during rain or snow.
(C) Shelter from cold weather. Transport cages shall be covered to provide protection for animals when the air temperature falls below 10o C. (50o F.) and animals shall not be subjected to surrounding air temperatures which fall below 7.2o C. (45o F.). The temperature shall be taken at a distance not to exceed 3 feet from any one of the external walls of the transport cage unless such animals are accompanied by a veterinarian's certificate of acclimation to temperatures lower than 7.2o C. (45o F.).
(2) The transport cage shall not be handled in a manner that may cause physical or emotional trauma to the animal contained therein. Transport cages with animals inside shall not be tossed, dropped, or needlessly tilted and shall not be stacked in a manner which may reasonably be expected to result in their falling.
(e) Transport Caging Provisions. No person shall offer for transportation any live animal in a cage which does not conform to the following requirements:
(1) Cages used to transport live animals shall be constructed in such a manner that:
(A) the structural strength of the cage shall be sufficient to contain the animal and to withstand the normal rigors of transportation;
(B) the interior of the cage shall be free from any protrusions that could injure the animal contained therein;
(C) the openings of such cages shall be easily accessible at all times for emergency removal of live animals;
(D) when a primary enclosure is permanently affixed within the animal cargo space of the primary conveyance so that the front opening is the only source of ventilation for such primary enclosure, the front opening shall open directly to the outside or to an unobstructed aisle or passageway within the primary conveyance. Such front ventilation opening shall be at least 90% of the total surface area of the front wall of the primary enclosure and covered with bars, wire mesh or smooth expanded metal.
If there are ventilation openings located on two opposite walls of the primary enclosure, the ventilation openings on each wall shall be at least 16 percent of the total surface area of each such wall; or, if there are ventilation openings located on all four walls of the primary enclosure, the ventilation openings on each such wall shall be at least 8 percent of the surface area of each such wall. At least one-third of the total minimum area required for ventilation of the primary enclosure shall be located on the lower one-half of the primary enclosure and at least one-third of the total minimum area required for ventilation of the primary enclosure shall be located on the upper one-half of the primary enclosure. Projecting rims or other devices shall be placed on the exterior of the outside walls to prevent obstruction of ventilation openings and to provide a minimum air circulation space of 1.9 centimeters (.75 inch) between the primary enclosure and any adjacent cargo or conveyance wall; and
(E) adequate handholds or other devices for lifting shall be provided on the exterior of the cage to enable lifting of the enclosure without tilting and to ensure that the person handling the cage will not be in contact with the animal.
(2) Animals transported in the same cage shall be of the same species and maintained in compatible groups. Animals that have not reached puberty shall not be transported in the same cage with adult animals other than their dams. Socially dependent animals (e.g., sibling, dam, and other members of a family group) shall be allowed visual and olfactory contact. Any female animal in season (estrus) shall not be transported in the same cage with any male animal.
(3) Transport cages shall be as set forth below. In the event, however, the provisions of 9 CFR, Sections 3.85-3.91, Sections 3.112-3.118 and Sections 3.136-3.142 are met, the requirements of this subsection shall be deemed satisfied.
(A) All Animals Except Primates Traveling for Performances or Exhibition.
Minimum length: cages shall be at least 1-1/4 times the body length of quadruped (four-legged) animals, excluding the tail, or long enough for other animal species to lie down and get up normally.
Minimum height: cages shall be at least the full height of the animal plus 2 inches (antlers included in body height).
Minimum width: except for hoofstock, cages shall be at least 1-1/2 times the body width of the animal. For hoofstock, the width of the cages shall be consistent to the needs of the animal to ensure its safe delivery.
(B) Primates Traveling for Performance and Exhibition.
Minimum length: cages shall be at least equal to the length of the animal as measured from the buttocks to the top of the head.
Minimum height: cages shall be at least 1-1/2 times the height of the primate when it is in its natural posture.
Minimum width: cages shall be at least equal to the length of the animal as measured from the buttocks to the top of the head. The cage shall be large enough to allow the animal to lie down.
Notwithstanding the minimum requirements above, cages for adult chimpanzees and orangutans shall be at least 4' long ( L) x 4' wide (W) x 4' high (H) with one shelf or perch. When not traveling, an exercise cage of at least 6' (L) x 4' (W) x 6' (H) shall be provided for a minimum of four hours per day. For adult small monkeys and baboons, cages shall be at least 3' (L) x 3' (W) x 4' (H). When not traveling, an exercise cage of at least 4' (L) x 4' (W) x 6' (H) shall be provided for a minimum of four hours per day. Primates less than one year of age shall be transported in a cage of such size and construction which ensures its safe delivery.
(C) Immediately upon arrival at a destination, animals traveling for performances or exhibition shall be placed in a space equal to 1/3 the minimum permanent space required for that species. Notwithstanding the foregoing, animals which are regularly exercised by exhibitors shall be permitted to remain in their transportation cages provided the permittee's veterinarian certifies that such cages provide sufficient space for the animal once it has arrived at a destination. The department shall bring to the immediate attention of the commission any circumstances where in the opinion of the department's officer, proper care is not being provided.
Animals not used in performances or exercised regularly shall be placed in a space equal to 1/2 the minimum permanent space required for that species. Elephants accompanied by an attendant may be staked out in a roped off area which excludes the public.
(4) Transport cages shall have solid bottoms to prevent leakage in shipment and shall be cleaned and disinfected pursuant to subsections 671.2(a)(4) and (5). Transport cages shall contain clean litter of a suitable absorbent material, which is safe and nontoxic to the animals, in sufficient quantity to absorb and cover excrement.
(5) Transport cages consigned to carriers and intermediate handlers shall be clearly marked on top and on all sides with the words “Live Wild Animal” in letters not less than 1 inch in height, and with arrows or other markings to indicate the correct upright position of the container.
(6) Documents accompanying the shipment consigned to carriers and intermediate handlers shall be attached in an accessible location on the outside of one transport cage.
(f) Care in Transit.
(1) To minimize the distress to animals during surface transportation, the driver shall visually inspect the animals at least once every 4 hours to assure that the animals are not in obvious physical distress and to provide for any needed veterinary care as soon as possible. When transported by air, animals shall be observed if the cargo space is accessible during flight. If the cargo space is not accessible during flight, the carrier shall visually observe the animals whenever the cargo space is accessible to assure that all applicable standards are being complied with and to determine whether any of the live animals are in obvious physical distress.
(2) Animals shall not be taken from their cage except under extreme emergency.
(3) Food and water requirements while in transit.
(A) All live animals shall be offered potable water within 4 hours prior to being transported. Any person who transports live animals shall provide potable water to all animals being transported at least every 12 hours after such transportation is initiated except as directed by a veterinarian or in the case of hibernation. Animals requiring more water shall be treated appropriately.
(B) Each animal shall be fed at least once in each 24-hour period, except as directed by a veterinarian. Predators are to be separated when feeding. Animals requiring more food shall be treated appropriately.
(C) Any person who offers animals to any carrier or intermediate handler for transportation shall comply with the provisions of subsection 671.1(a)(4) and shall affix to the outside of the transportation cage written instructions pursuant to subsections 671.4(f)(3)(A) and (B) concerning the food and water requirements of each animal.
(D) No carrier or intermediate handler shall accept any live animals for transportation unless written instructions concerning the food and water requirements of each animal are affixed to the outside of the cage.
NOTE

Authority cited: Sections 2116.5 and 2120, Fish and Game Code. Reference: Sections 2116.5, 2120, 2150 and 2150.3, Fish and Game Code.
HISTORY

1. Amendment filed 1-24-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 4).
2. Amendment filed 5-11-79; effective thirtieth day thereafter (Register 79, No. 19).
3. New subsection (d) filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
4. Order of Repeal of subsection (d)(1)(f) filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
5. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
6. Repealer and new section filed 2-26-92; operative 2-26-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
7. Amendment of section heading and subsection (a) filed 8-27-98; operative 9-26-98 (Register 98, No. 35).
§671.5. Disposition of Violations Related to Possession of Wild Animals.
Note     •     History

(a) Any live bird or mammal that is (1) designated as a furbearer, game, nongame, fully protected, threatened, or endangered animal or is of a species native to California, and (2) possessed in violation of Fish and Game Code section 3005.5 or regulations adopted pursuant thereto, shall be seized by the department. An animal that is seized may be taken to another location by the department or seized in place.
(b) Any person who, in violation of the provisions of the Fish and Game Code or regulations adopted pursuant thereto, brings into this state or transports or possesses within this state any live wild animal other than those specified in subdivision (a) may, upon written notice from an enforcing officer, be authorized to exercise one of the following options within the time and by the method specified by the enforcing officer, to have the animal (1) transferred to an appropriately permitted facility, (2) transferred out of the state, or (3) humanely destroyed. The exercise of any such option shall be under the direction and control of the enforcing officer and at the expense of the owner or possessor. If the owner or possessor fails to exercise such option within the time specified by the enforcing officer, the department shall thereafter seize the animal. An animal that is seized may be taken to another location by the enforcing officer or seized in place.
(c) Once an animal is seized pursuant to subsection (a) or (b), the enforcing officer may: (1) transfer the animal to an appropriate facility, (2) transfer the animal out of the state, (3) humanely destroy the animal, or (4) for animals specified in subsection (a) only, release the animal to the wild. Costs associated with the seizure, care, holding, transfer and destruction of the animal will, at the discretion of the department, be at the expense of the owner or possessor. Failure to pay these costs may result in an action for cost recovery and civil penalties pursuant to Fish and Game Code section 2125.
NOTE

Authority cited: Section 2122, Fish and Game Code. Reference: Sections 1002, 2116-2118, 2118.2, 2118.3, 2118.4, 2119-2155, 2185-2190, 3005.5, 3005.9 and 3005.92, Fish and Game Code.
HISTORY

1. Amendment filed 1-24-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 4).
2. Amendment filed 5-11-79; effective thirtieth day thereafter (Register 79, No. 19).
3. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
4. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
5. Renumbering and amendment of former section 671.3 to section 671.5 and renumbering and amendment of former section 671.5 to section 671.6 filed 2-26-92; operative date 2-26-92 (Register 92, No. 13).
6. Amendment of section and Note filed 2-23-2007; operative 3-25-2007 (Register 2007, No. 8).
§671.6. Release of Animals into the Wild.
Note     •     History

(a) No person shall release into the wild without written permission of the commission any wild animal (as defined by Section 2116 of the Fish and Game Code), including domestically reared stocks of such animal, which:
(1) is not native to California;
(2) is found to be diseased, or there is reason to suspect may have the potential for disease;
(3) may be genetically detrimental to agriculture or to native wildlife; or
(4) has not been successfully introduced prior to 1955.
(b) no permission will be granted to any person to release to the wild state turkeys that have been domestically reared for propagation or hunting purposes, except as provided in subsection 600(i)(4) of these regulations. Only wild trapped turkeys trapped from the wild by the Department may be released into the wild.
(c) Every person who releases Barbary partridges, Turkish or Greek chukar partridges; French, Spanish or Arabian red-legged partridges; and/or bobwhite or coturnix quail into the wild shall have a valid permit signed by the director of the department before making such a release. Persons desiring to release such birds shall submit an application showing the number and sex of birds to be released, the location of the proposed release, and the proposed date of such release.
At the time of release of such birds, the department may require that they shall be banded by the permittee with appropriate bands furnished by the department. The department may require a report giving the age, sex and number of the individual birds released.
(d) Application for the introduction of all non-native birds or animals, except those birds cited in subsection 671.6(c), shall be made to the commission on forms supplied by the department.
NOTE

Authority cited: Section 2120, Fish and Game Code. Reference: Sections 2116, 2116.5, 2118, 2118.2, 2118.3, 2118.4, 2120 and 2121, Fish and Game Code.
HISTORY

1. Amendment filed 1-23-78; effective thirtieth day thereafter (Register 78, No. 4). For prior history, see Register 75, No. 23.
2. New NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
3. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
4. Amendment filed 4-6-87, operative 5-6-87 (Register 87, No. 15).
5. Repealer and renumbering and amendment of former section 671.5 to section 671.6 filed 2-26-92; operative 2-26-92 (Register 92, No. 13).
§671.7. Permits Requirements for Aquaculture and Fish.
Note     •     History

All persons who apply for or have an Aquaculture permit (subsection 671.1(b)(2)) or a Fish permit (subsection 671.1(b)(12)) are subject to the following requirements and conditions. Aquatic species importations operating under these permits do not require the importation permit specified in Section 236.
(a) Definitions
(1) “Closed-water system” is defined as a closed system or systems that treats holding water and sediments sufficiently to ensure against the release of live organisms, including parasites, pathogens and viruses, into the waters of the state. For purposes of this section, municipal treated sewage systems are not considered waters of the state. 
(2) “Terminal market” is defined as a retail sale location holding live restricted species aquaculture product for human consumption following the sales requirements of subsection 671.7(g).
(b) General Requirements.
(1) All live restricted species shall be held, raised, and transported in closed-water systems. The department may inspect these systems at any time to determine if they are adequate for the specific restricted species being held.
(2) Facilities and transport systems must be designed so that biosecurity is maintained in the case of failure of the primary containment system.
(3) Access to facilities and transport systems containing restricted species shall be restricted through means determined to be adequate by the department to assure against unauthorized removal of restricted species.
(4) Co-mingling or hybridization of restricted and non-restricted species is prohibited unless authorized by the department. If restricted species are co-mingled or hybridized with non-restricted species, all such animals shall be considered restricted species for the purpose of these regulations. Such co-mingled restricted species that can be individually identified as non-restricted and that can be separated from the restricted species may be exempt from this provision with prior department approval. 
(5) Every restricted species permittee shall have a written Emergency Action Plan readily available and posted in a conspicuous place in the event of an escape or a containment failure involving a restricted species. 
(A) The Emergency Action Plan shall be titled, with a revision date, updated annually and include, but is not limited to the following:
1. Written plan of action for emergencies including a description of emergency measures in the event of a containment failure.
2. List of the re-capture and mobile transport equipment available and where they are located, including but not limited to nets and temporary containers. 
3. List of emergency telephone numbers that includes the local department regional office and other contacts as specified on the permit. 
(B) Permittees are responsible for the capture and for the costs incurred by the department related to capture of escaped animals or a containment failure. 
(6) Aquaculture and Fish permits are subject to the department's authority to deny, suspend, or revoke a permit pursuant to subsection 671.1(c), but the department may also suspend or amend any Aquaculture or Fish permit if the department determines that additional permit conditions are necessary to mitigate or avoid unexpected adverse impacts to natural resources arising from the permitted activities.
(c) Permit Application Requirements. The following information shall accompany an application for each new restricted species permit, amendment of an existing permit, or renewal: 
(1) New Applicants and Permittees Requesting Amendments. 
(A) An inventory of all restricted species requested including the common and scientific name of each species, and the weight, volume, or count of each species.
(B) A written statement detailing the type of business that will be conducted with the restricted aquaculture species requested. 
(C) A copy of the applicant's current aquaculture registration issued by the department, if a restricted species aquaculture permit is being requested. 
(D) A copy of their Emergency Action Plan. 
(2) Renewals. 
(A) An inventory of all restricted species presently held at their facility including the common and scientific name of the each species, and the weight, volume, or count of each species.
(B) The permittee shall provide the following informational report to the department:
1. the weight, volume or count of all restricted species imported under their restricted species permit in the past year;
2. the weight, volume or count of all restricted species sold and/or shipped under their restricted species permit in the past year;
3. the weight, volume or count of all restricted species produced under their restricted species permit in the past year (for Aquaculture permits only) and;
4. Any other information as specified in the permit. 
(C) A written statement detailing the type of business that will be conducted with the restricted species requested. 
(D) A copy of the applicant's current aquaculture registration issued by the department, if a restricted species aquaculture permit is being requested. 
(E) A copy of their Emergency Action Plan. 
(d) Importation of Live Aquatic Restricted Species.
With the exception of those importations described in subsections 236(a), (b) and (c) of these regulations, restricted species listed in subsection 671(c) may be imported into the state only in accordance with the following terms and conditions:
(1) No importations of restricted species into the state may be made prior to the issuance of the importer's restricted species permit.
(2) All importations of restricted species shall be accompanied by an invoice or bill of lading, showing the name and address of the producer, date of shipment, the common and scientific names of the species being transported, the weight, volume, or count of each species in the shipment, the name, address, and restricted species permit number of the intended receiver. A copy of the importer's restricted species permit shall accompany each shipment. 
(3) Source of restricted species is an authorized seller who has a good record of husbandry and health management, as determined by the department.
(4) Notification of each restricted species importation(s) shall reach the department regional office or other specified office by letter, fax, or telephone at least five days in advance of the importation date. Under special circumstances, the department may waive this five day notice requirement.
(5) All restricted species imported into California under these regulations may be inspected by the department at either the place of entry into the state or at another location as specified by the department. The person importing restricted species may be required to provide facilities for inspection and sorting and shall be required to pay the department inspection costs including salary and travel expenses of the inspector. 
(e) Transportation of Live Aquatic Restricted Species within the State. 
(1) Restricted species cannot be moved alive from an aquaculture or any holding facility unless specifically authorized in the restricted species permit issued by the department. 
(2) All shipments of live restricted species by a permittee shall be accompanied by an invoice or bill of lading, showing the name and address of the permittee, date of shipment, the common and scientific name of the species being transported, the weight, volume, or count of each species in the shipment, the name, address, and restricted species permit number of the intended receiver. A copy of the shipper's restricted species permit shall accompany each shipment. The contents of the shipment and all applicable documentation shall be immediately made available to the department upon request. 
(3) Notification of restricted species shipment(s) shall reach the department regional office or other specified office by letter, fax, or telephone at least 48 hours in advance of the shipment date.
(4) Both the seller and intended receiver restricted species permittees shall retain a copy of the invoice, bill of lading or similar accountable document for three years and make it available to the department upon request.
(f) Sales by Restricted Species Permittees. 
(1) Live restricted species may be sold by Aquaculture or Fish permittees if both the seller and buyer hold a restricted species permit issued by the department for the species being sold and only if the permit(s) specifically authorize live sales.
(2) All shipping containers of live restricted species shall be labeled as restricted aquaculture product unless specifically authorized differently in the restricted species permit issued by the department.
(3) All live or processed restricted species sold shall be accompanied by a sales invoice, showing the name and address of the permittee, the permittee's restricted species permit number, date of sale, the common and scientific name of the species, and the weight, volume, or count of each species sold. The restricted species and all applicable documents shall be immediately made available to the department upon request.
(4) No live restricted species shall be stocked in private, public or fish-for-fee facilities or released in the waters of the state.
(g) Terminal Market Sales. 
(1) All restricted species sold or leaving the premises of a terminal market shall be dead and accompanied by a sales receipt showing the date of purchase and name of business where purchased or be packaged in accordance with subsection 240(c) of these regulations.
(2) It is unlawful for any person to allow any live restricted species to leave a terminal market or be released in the waters of the state.
NOTE

Authority cited: Sections 1050, 2118, 2120, 15005, 15102, 15200, 15202 and 15600, Fish and Game Code. Reference: Sections 1050, 2116, 2116.5, 2117, 2118, 2118.5, 2119, 2120, 2121, 2122, 2123, 2125, 2150, 2150.1, 2150.2, 2150.3, 2150.4, 2150.5, 2151, 2152, 2153, 2155, 2156, 2185, 2186, 2187, 2189, 2190, 15200, 15201, 15202, 15400, 15505 and 15600, Fish and Game Code.
HISTORY

1. New section filed 7-21-93; operative 7-21-93 pursuant to section 202, Fish and Game Code (Register 93, No. 30). For prior history, see Register 85, No. 38.
2. Amendment of section heading, repealer and new section and amendment of Note filed 3-9-2011; operative 4-8-2011 (Register 2011, No. 10).
§672. Shooting Exotic Resident and Nonresident Game Birds. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200 and 3516, Fish and Game Code. Reference: Sections 200 and 3516, Fish and Game Code.
HISTORY

1. New section filed 4-21-60; effective 30th day thereafter (Register 60, No. 9).
2. Amendment filed 6-30-66 as an emergency; effective upon filing. Certificate of Compliance included (Register 66, No. 20).
3. Amendment filed 6-8-72; effective thirtieth day thereafter (Register 72, No. 24).
4. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
5. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
6. Amendment of undesignated first paragraph and subsection (i) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
7. Amendment of heading, subsections (c), (d) and Note filed 10-26-92; operative 10-26-92 (Register 92, No. 44).
8. Repealer filed 6-30-95; operative 7-1-95 pursuant to Fish and Game Code section 3270 (Register 95, No. 26).
§673. Importation of Resident Game Birds.
Note     •     History

Every person who brings or causes to be brought into this state live domestically reared resident game birds shall have such birds inspected for disease and health conditions by the Department of Fish and Game unless the shipment is accompanied by a certificate from a licensed veterinarian at the point of origin stating that the birds are disease free. Written notice shall be given ten days in advance of all shipments, to the director, showing the date and place of arrival and stating whether or not the birds will be accompanied by a certificate of inspection. Game birds will be rejected for release if found diseased or altered in any manner which would, in the opinion of the department, render them incapable of surviving in the wild. Any birds rejected for release will be kept, destroyed, or returned to the place of origin by the importer at his sole cost and responsibility.
NOTE

Authority cited: Sections 2120 and 3516, Fish and Game Code. Reference: Sections 2120, 3500 and 3516, Fish and Game Code.
HISTORY

1. New section filed 4-9-64; effective thirtieth day thereafter (Register 64, No. 8).
2. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
3. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
§674. Permits to Possess Desert Tortoises (Gopherus).
Note     •     History

(a) Desert tortoises may be possessed only under the authority of a permit issued by the department. The department may issue a permit for the possession of a desert tortoise provided the tortoise was legally acquired and possessed prior to March 7, 1973. The department may require an applicant for a permit to submit proof of the legal acquisition of any desert tortoise.
(b) Applications for a tortoise permit shall be submitted on forms furnished by the department and may be filed with the department at any time. Upon approval of the application, the department shall provide a tag which shall be affixed to the desert tortoise as directed by the department.
(c) No desert tortoise may be transferred to any other person without prior department approval.
(d) Possession of a desert tortoise, regardless of subspecies, except under the authority of a department permit is in violation of this section. Untagged desert tortoises shall be seized by the department.
NOTE

Authority cited: Sections 200, 202, 1002 and 5002, Fish and Game Code. Reference: Sections 200-202, 203.1, 5000-5002, 5060 and 5061, Fish and Game Code.
HISTORY

1. New section filed 10-11-73; effective thirtieth day thereafter (Register 73, No. 41).
2. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
3. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
§675. Importation and Sale of Domesticated Reindeer Meat.
Note     •     History

Any domesticated reindeer meat imported into this state shall be accompanied by a bill of lading, a copy of which shall be forwarded to the Department of Fish and Game, Sacramento, within 24 hours after such importation. The bill of lading shall indicate the number of carcasses or pieces of reindeer meat, the total weight of the shipment, the country of origin and the name of the importer.
(a) No domesticated reindeer carcass or portion thereof shall be transported for sale or sold by an importer or wholesaler unless each quarter and each loin or each piece of the carcass of each reindeer is tagged with a domesticated game breeders tag or seal as provided in sections 3206 and 3207 of the Fish and Game Code.
(b) Tags or seals must be affixed to reindeer meat at the point of origin or by the importer before the meat is distributed for storage or sale in California.
(c) No tag or seal so affixed shall be used again.
(d) No tag or seal shall be sold by the department to anyone other than a person who is legally in possession of domesticated reindeer, reindeer carcasses or portions thereof.
(e) The keeper of a hotel, restaurant, boarding house, or club may sell portions of a quarter or loin of a domesticated reindeer to a patron or guest for actual consumption on the premises only.
(f) A retail meat dealer may sell portions of a quarter or loin of a domesticated reindeer carcass to a customer for actual consumption. All packages containing such portions shall be marked to indicate the origin, place of sale, amount contained in each package and date of sale. This marking shall be kept with the reindeer meat until such meat is consumed.
(g) The premises of such importers, wholesalers and retailers, together with the premises of such hotels, restaurants, boarding houses and clubs shall be open to inspection by the department at all times.
NOTE

Authority cited: Section 3219, Fish and Game Code. Reference: Sections 1006 and 3219, Fish and Game Code.
HISTORY

1. New section filed 7-2-65, effective thirtieth day thereafter (Register 65, No. 11).
2. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
3. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
4. Amendment of undesignated first paragraph filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
§676. Fallow Deer Farming.
Note     •     History

(a) General Provisions. Fallow deer farming is defined as the rearing of fallow deer for commercial sale of meat and other parts or for sale of live fallow deer pursuant to these regulations. No person shall engage in any deer farming activity except as provided by the Fish and Game Code and regulations provided herein. Only fallow deer (Dama dama) may be possessed for deer farming purposes.
(b) Permit Information.
(1) Application. Application for a fallow deer farming permit shall be made on Fallow Deer Farming Application, LRB 1676 (3/97), which is incorporated by reference herein. Application forms are available from the Department of Fish and Game, License and Revenue Branch, 3211 S Street, Sacramento, CA 95816. A new applicant shall complete the application form in its entirety, including information on the plan of operation, source of fallow deer, testing protocol and contingency plans for recapture of escaped fallow deer.
(2) Residency Requirement. Applicants shall be at least 18 years old and be residents of California.
(3) Inspection of Facility. No new fallow deer farming permit shall be issued until the applicant's facility is inspected and approved by the department. The department shall charge a fee pursuant to Section 2150.2 of the Fish and Game Code in an amount sufficient to cover the cost of the inspection.
(4) Term of a New Fallow Deer Farming Permit. Nontransferable, new fallow deer farming permits issued under the provisions of this section shall be valid for a term of one year. A permanent permit number shall be issued to the permittee for marking slaughtered fallow deer for transport.
(5) Fallow Deer Farming Permit Renewal. Fallow deer farming permits must be renewed by January 1 of each year. An inspection is required for the renewal of a fallow deer farming permit and may be accomplished by the department pursuant to the provisions of subsection (b)(3) above. In lieu of a department inspection, the department may approve a renewal application when a veterinarian, or other person who has obtained a degree in veterinary medicine from a college or university accredited by the American Veterinary Medical Association, certifies in writing that he/she has inspected the facility and found it to be in compliance with this section. If a veterinarian inspects the facility, he/she must certify that each of the permittee's fallow deer have been observed at least once during the prior year and that they have been appropriately cared for and appear healthy. No person shall falsely certify that the facility has been inspected and that such facility is in compliance.
(6) Terminating a Fallow Deer Farming Permit. Any fully or partially certified fallow deer farm permitted pursuant to this section shall notify the department within 45 days of its intended termination of fallow deer farming operations. The permittee shall identify the number of fallow deer under his/her possession and the disposition of fallow deer upon termination of operations. Upon termination of operations, fallow deer shall be slaughtered for meat consumption or, with proper health certifications, sold to another permitted fallow deer operation in California or sold and transported out of state.
(7) Denial. The department may deny the issuance of a fallow deer farming permit for failure to comply with the terms and conditions of a permit or the provisions of this section. Any person denied a permit under these regulations may request a hearing before the commission to show cause why their permit should not be denied.
(8) Revocation. Any fallow deer farming permit issued pursuant to these regulations may be revoked or suspended at any time by the commission for failure to comply with the terms and conditions of the permit or for failure to comply with these regulations, after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction.
(9) Fees. Pursuant to sections 2150 and 2150.2 of the Fish and Game Code, the following fees have been established to offset costs of administering and enforcing the associated laws and regulations.
(A) Application Fee. The application fee for a new fallow deer farming permit shall be $30.00 and shall be annually adjusted pursuant to Section 713 of the Fish and Game Code to offset the department's administrative costs of processing an application.
(B) Permit Fee. The fallow deer farming permit fee shall be $200.00. This fee shall be annually adjusted (base year 1997) pursuant to Section 713 of the Fish and Game Code.
(C) Inspection Fee. The annual fallow deer farming inspection fee shall be an amount sufficient to cover the department's cost of inspection. If, in lieu of a department inspection, a qualified veterinarian performs the inspection pursuant to subsection (b)(5) above, the annual fallow deer farming inspection fee shall be waived.
(c) Certification. All new fallow deer farming facilities shall be fully certified by the department. Fallow deer farms allowed to operate under partial certification when the fallow deer regulations were initially adopted in 1994 may satisfy the requirements for full certification set forth in this section. 
(1) Full Certification. Fully certified fallow deer farms shall comply with the following requirements:
(A) Marking.  All fallow deer shall be marked in such a manner that they are individually identifiable as stock of the permittee.
(B) Testing. All fallow deer six months of age or older shall undergo two tests, at least 12 months apart, for tuberculosis and one test for brucellosis within three years of the owner being granted a fallow deer farming permit, unless the fallow deer were obtained from a fully certified herd in the state. Tests shall be administered and interpreted by a U.S. Department of Agriculture accredited veterinarian approved by the department.
(C) Negative Herd Status. Full certification will not be granted unless negative herd status (not having a significant possibility of being infected) is determined by the department.
(D) Movement of Live Fallow Deer. Only fully certified fallow deer farms in full compliance with the provisions of subsection (f) of this section may serve as sources within California for stock for new fallow deer farms. Fully certified fallow deer farms may sell, trade or transport live fallow deer to any person in California in possession of a valid fallow deer farming permit issued by the department. Permittees shall maintain records of such transactions, including the number of fallow deer transferred, identification of individual fallow deer and the name and address of the person receiving the fallow deer. The provisions of subsection (e) of this section shall be complied with when importing fallow deer stock from outside of California.
(2) Existing Partially Certified Fallow Deer Farms. Existing partially certified fallow deer farms must comply with the following requirements:
(A) Marking. All fallow deer should be marked in such a manner that they are individually identifiable as stock of the permittee.
(B) Prohibition on Movement of Live Fallow Deer. Partially certified fallow deer farmers shall not sell, trade or transport, except to slaughter, live fallow deer in California.
(d) Sale of Meat. Fallow deer farmers may sell the meat of slaughtered fallow deer to persons within or outside of California. A receipt shall be prepared and included with each shipment of meat. This receipt shall show the date of the transaction, identify the quantity of meat sold and bear the name and permit number of the fallow deer farmer selling the meat. A copy of the receipt shall be retained by the permittee for a period of one year after the date of transaction. Any person may obtain meat from a fallow deer farmer and sell it to the ultimate consumer. No permit is required of persons reselling meat obtained from fallow deer farmers. (Note: Fallow deer shall be humanely slaughtered in compliance with Penal Code Section 597.)
(e) Importation of Fallow Deer for Farming. Fallow deer shall not be imported into California for the purposes of farming, except as provided by these regulations.
(1) Importation Application Requirement. A Fallow Deer Farming Importation Application, LRB 1676A (3/97), which is incorporated by reference herein, shall be completed in its entirety by permittees wishing to obtain fallow deer stock from outside California. This application and documentation identified below shall be submitted to the Department of Fish and Game, Wildlife  Investigations Laboratory, 1701 Nimbus Road, Suite D, Rancho Cordova, California 95670. Application forms are available at this address. The approved Fallow Deer Farming Importation Application form must accompany the imported fallow deer stock.
(2) Health Certificate Requirement. A health certificate issued by a U.S. Department of Agriculture accredited veterinarian or other person who has obtained a degree in veterinary medicine from a college or university accredited by the American Veterinary Medical Association in the state from which the fallow deer stock is being shipped shall accompany the imported fallow deer stock. This health certificate shall contain the methods used for testing, the results of the testing and be correlated to identifying markings on fallow deer tested.
(3) Copy of Official Test Results Required. A copy of the official results from tests conducted in the state of origin shall be submitted with the Fallow Deer Farming Importation Application form. Information on the test methods used and the results for each fallow deer tested shall be included.
(4) Disease Tests Required.
(A) Bovine Tuberculosis Testing. The herd of origin shall have undergone official testing for bovine tuberculosis within 24 months of importation of fallow deer, using a Single Cervical Tuberculin (SCT) Test or a Blood Tuberculosis (BTB) Test.  All fallow deer six months of age or older shall be tested for tuberculosis within 120 days prior to entry into California and shall have been classified negative for tuberculosis based upon an official test. (Note: It is recommended that imported fallow deer be tested 90-120 days after importation.)
(B) Brucellosis. The veterinarian issuing the health certificate shall attest that the fallow deer to be imported into California are not known to be infected with brucellosis and that the animals have not been in contact with animals of unknown brucellosis status. Fallow deer six months of age or older shall be tested for brucellosis within 30 days of entry into California.
(C) Other Disease Testing. The department shall reserve the right to require additional testing prior to importation when there is reason to believe other diseases, parasites or other health risks are present. The department shall provide written notification if such testing is required.
(f) Disease Prevention and Control.
(1) Herd Testing for Bovine Tuberculosis. Testing is not required if no fallow deer have been added to the herd except by birth and if imported fallow deer have been properly tested. 
(2) Issuance of Hold Order if Herd Test is Positive. If a herd is found positive for bovine tuberculosis, a hold order will be issued by the State Animal Health Official, (the chief veterinarian or official for a state animal disease control program), and an epidemiologic evaluation of all fallow deer in the herd must be conducted by a State or USDA veterinarian. If the epidemiologic evaluation indicates a negative herd status, the hold order shall be removed. If the epidemiologic evaluation indicates a positive herd status (having a significant possibility of being infected), the herd shall be classified as infected. Positive status fallow deer shall be identified, and the department shall issue a hold order for the herd. The permittee shall immediately prepare a written plan for eliminating bovine tuberculosis from the herd. When this plan is approved by the department it shall constitute a memorandum of understanding between the permittee, the state and appropriate federal agencies to eliminate bovine tuberculosis from the infected herd. The department shall make every reasonable effort to minimize economic loss to the impacted permittee. (Note: The state has no indemnification for depopulation of an infected herd).
(3) Other Disease Testing. The department shall reserve the right to additional testing when there is reason to believe other diseases, parasites or other health risks are present. The department shall notify the permittee in writing if such testing is required.
(4) Retention of Health Records. The permittee shall maintain all health records of individual fallow deer for a minimum of three years.
(g) Facility and Maintenance Requirements. The following general housing and maintenance provisions shall be complied with in rearing fallow deer for fallow deer for farming:
(1) An enclosure shall provide no less than 800 square feet of area for one animal and another 200 square feet for each additional fallow deer.
(2) Perimeter fences shall be eight feet in height and shall be constructed of a minimum of 12.5 gauge woven wire or equivalent. Posts shall be of structurally sound 4 x 4 wood or equivalent.
(3) Natural or artificial shelter from the elements shall be provided for all animals.
(4) Potable water shall be provided for fallow deer at all times.
(5) Fallow deer shall be observed every day by the person in charge of the care of the animals or by someone working under his/her direct supervision. Sick or diseased, stressed, injured or lame fallow deer shall be provided with veterinary care or humanely destroyed.
(h) Availability of Records and Inspection of Facility by Department. Any person holding a fallow deer farming permit authorized under this section shall allow the department's employees to enter his/her premises upon request at a reasonable hour, to inspect facilities, fallow deer restraining equipment and fallow deer possessed by the permittee, or to inspect records required to be maintained by these regulations or federal regulations relating to fallow deer farming.
NOTE

Authority cited: Sections 1002, 2120, 2150 and 2150.2, Fish and Game Code. Reference: Sections 2116.5, 2120, 2124, 2150, 2150.2, 2150.4, 2150.5, 2151, 2185, 2186, 2187, 2189, 2190, 2350 and 2355, Fish and Game Code.
HISTORY

1. New section filed 12-7-94; operative 12-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 49).
2. Amendment filed 5-20-97; operative 5-20-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 21).
§677. Dog Training and Field Trials.
Note     •     History

(a) Dog Training When No Wild Birds Are Captured, Injured, or Killed. Notwithstanding Section 265 of these regulations, a person may train dogs to retrieve, or to point or flush game birds, or may train for or participate in field trails or similar events related to these activities, at any time of year from sunrise to sunset if no wild birds are captured, injured, or killed. Domestically reared birds may be released and taken for dog training or field trials only as provided in Section 677(b). Dogs shall not be trained on or otherwise be allowed to pursue any birds that have special protection under California or federal law, including but not limited to fully protected birds (Section 3511 of the Fish and Game Code) and endangered, threatened or candidate species (Section 670.5 of these regulations and Code of Federal Regulations, Title 50, Section 17.11).
(b) Release and Take of Birds. Notwithstanding Section 671.6 of these regulations, bobwhite and coturnix quail, domestic pigeons, and the following domestically reared game birds may be released and/or taken during dog training or organizational field trials in accordance with subsections (b)(1) through (b)(5) of this section, general resident game bird regulations, or licensed game bird club regulations: pheasants (Phasianus colchicus), including all ring-necked pheasant races, chukar, Hungarian partridge and captive-reared mallard ducks.
(1) Hunting License Required. Each person taking domestically reared game birds must possess a valid California hunting license. In addition, each person, except holders of junior hunting licenses, taking Hungarian partridge, ring-necked pheasant, and chukar must possess a valid Upland Game Bird Stamp.
(2) Prior Notification Required. Persons releasing and/or taking game birds in accordance with this section during organized field trials or hunt tests shall provide the Department's regional office in the region where the birds will be released and/or taken the following information at least three business days prior to the activity. This notification shall be in letter form, by fax, or by internet. The information required includes:
(A) The name, address, and telephone number of the person providing the information.
(B) The location that birds will be released and/or taken.
(C) The approximate number of each species of bird that will be released and/or taken.
(D) The approximate number of persons who will be involved in the release and/or take.
(E) The date and time that birds will be released and/or taken.
For any event where more than one person may be taking birds, only a single notification is required.
(3) Restrictions On Daily Take.
(A) Domestically reared game birds may be taken only on the day they are released, except when taken pursuant to general resident game bird regulations.
(B) Bobwhite quail and coturnix quail released for dog training or field trial purposes may be taken on any day.
(4) Marking of Birds. 
(A) Prior to Release. If the Department determines that there is a need to distinguish domestically reared game birds used for dog training or field trials from other game birds at a particular location or event, the Regional Manager may require that some or all species of domestically reared game birds used for dog training or field trials be marked with streamers, coloring, or other conspicuous material prior to their release.
(B) Carcass. The carcass of each pheasant and chukar shall be tagged with a seal as provided by Section 3206 of the Fish and Game Code. The carcasses of bobwhite quail and coturnix quail need not be tagged. While in the field, all birds must be in a condition that the species can be identified.
(5) Inspection of Birds. The department may inspect all birds prior to their release and no birds may be released if the department determines that such releases may have significant potential to transmit diseases to wild bird populations.
NOTE

Authority cited: Sections 200, 202, 203, 3508 and 3516, Fish and Game Code. Reference: Sections 86, 203, 2080, 3500, 3502, 3508, 3511 and 3513-3516, Fish and Game Code.
HISTORY

1. New section filed 4-15-68; effective thirtieth day thereafter (Register 68, No. 16).
2. Amendment filed 7-11-73; effective thirtieth day thereafter (Register 73, No. 28).
3. Amendment of subsection (c)(1) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
4. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
5. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
6. Change without regulatory effect amending Note filed 8-21-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 34).
7. Amendment of section heading, section and Note filed 6-15-2004; operative 7-15-2004 (Register 2004, No. 25).
§678. Captive Raptor Breeding.
Note     •     History

(a) General Provisions. No person shall engage in any activity related to the propagation of raptors except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of the Interior pursuant to the Migratory Bird Treaty Act and published in Title 50, Code of Federal Regulations (CFR), Part 21 (Revised 9/14/89) are hereby incorporated and made available upon request from the Department of Fish and Game, Wildlife Protection Division, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090.
(b) Department Inspections. The department may enter the premises of any permittee at any reasonable hour to inspect all housing, equipment, or raptors possessed by the permittee, or to inspect, audit, or copy any permit, book, or record required to be kept by these regulations.
NOTE

Authority cited: Sections 200 and 395, Fish and Game Code. Reference: Sections 200 and 395, Fish and Game Code.
HISTORY

1. New section filed 1-10-80; effective thirtieth day thereafter (Register 80, No. 2).
2. Repealer and new section filed 10-23-81; effective thirtieth day thereafter (Register 81, No. 43).
3. Amendment of subsection (a)(8) filed 10-15-85; effective upon filing (Register 85, No. 42).
4. Amendment of subsection (b) filed 7-28-88; operative 8-27-88 (Register 88, No. 32).
5. Amendment of subsection (a)(17) and (b) filed 6-6-90; operative 6-6-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 30).
6. Amendment filed 7-7-93; operative 7-7-93 (Register 93, No. 28).
7. Change without regulatory effect amending subsection (a) filed 9-8-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 37).
§679. Possession of Wildlife and Wildlife Rehabilitation.
Note     •     History

(a) General Prohibition on Possession of Wildlife. Except as provided in subsection (b) below or as otherwise authorized, it is unlawful for any person to possess any live game mammal or bird, nongame mammal or bird, furbearer, reptile or amphibian.
(b) Temporary Confinement of Wildlife. Except for big game mammals listed in Section 350, Title 14, CCR, injured, diseased or orphaned animals may be temporarily confined by persons if they notify the nearest regional office of the department within forty-eight (48) hours of finding or confining such wildlife. Notification shall include name and address; the species of wildlife and a description of its injury, disease or condition; the date and location the wildlife was found; and the location where the wildlife is confined. Confined animals must be disposed of pursuant to department direction, which may include placement in a department-approved wildlife rehabilitation facility. (Department offices: Northern Region (Redding), North Central Region (Rancho Cordova), Bay Delta Region (Yountville), Central Region (Fresno), South Coast Region (San Diego), Inland Deserts Region (Ontario), and Marine Region (Monterey).)
(c) Prohibition on Possession of Big Game Mammals or Fully Protected, Threatened or Endangered Species Except Under Department Permit. No person or wildlife rehabilitation facility may possess any big game mammal listed in Section 350, Title 14, CCR, or any fully protected, endangered or threatened bird, mammal, fish, reptile or amphibian without specific written authorization from the department.
(d) Prohibition on Picking up Disabled Wildlife in a Department Designated Oil/Toxic Spill Area. No person may enter a department designated oil/toxic spill area for the purpose of picking up disabled wildlife or transport or possess wildlife disabled by an oil spill or other spilled toxic substance unless that person has completed the training required by subsections 817.02(i) and (j), Title 14, CCR, and has authorization from the department. Designated oil/spill areas shall be clearly posted by the department.
(e) Wildlife Rehabilitation Facilities.
(1) Wildlife Rehabilitation Facility Defined. For the purposes of these regulations, a wildlife rehabilitation facility is defined as a site where activities are undertaken to restore to a condition of good health, for the purpose of release to the wild, animals occurring naturally and not normally domesticated in this state.
(2) Approval of Wildlife Rehabilitation Facility. 
(A) The department may approve and issue a permit in the form of a Memorandum of Understanding (MOU) to only those wildlife rehabilitation facilities which meet the wildlife care standards set forth in the Minimum Standards for Wildlife Rehabilitation, 2000, Third Edition manual published jointly by the International Wildlife Rehabilitation Council and the National Wildlife Rehabilitators Association; or as provided in the MOU. The above wildlife care standards are hereby adopted and made a part of this Title 14. All wildlife rehabilitation facilities, regardless of when established, shall comply with the wildlife care standards.
(B) A person seeking a MOU with the department for operating a new wildlife rehabilitation facility shall submit to the department two letters from permitted facilities in the nearby vicinity (the permitted facilities will be identified by the department), stating that they believe there is a need for a new facility. Within 30 days of receiving the letters, the department will provide a written determination stating whether such a facility is needed. If the department determines that there is not a need for a new facility the applicant may request a hearing before the commission to show cause why their permit request should not be denied. If the department determines that a new wildlife rehabilitation facility is needed, that person shall submit, along with this written determination, an application packet to the department that contains all of the following:
1. A complete application form “Wildlife Rehabilitation Permit Application/Renewal form,” FG 542 (Rev 03/07) which is hereby incorporated by reference;
2. Documentation of the applicant's experience working (paid or unpaid) at a permitted wildlife rehabilitation facility. The applicant must document four hundred hours within a two year period of experience working with a permitted wildlife rehabilitation facility in California, or experience that the department determines is equivalent, to be eligible for a permit.
3. A letter from a veterinarian who agrees to sponsor the applicant by overseeing diagnoses, medication and surgical procedures by the proposed facility.
4. Pictures or diagrams of the proposed facility's caging or proposed caging sufficient to demonstrate that the caging will be appropriate for the types of animals the facility is planning to rehabilitate and will comply with the standards identified in subsection (e)(2)(A).
5. A statement of general intent that includes a list of the species and number of animals that the applicant proposes to rehabilitate and hold at the proposed facility; and plans describing the proposed facility's record-keeping system, animal intake process, euthanasia protocol, plan for carcass disposal, protocol for handling public phone calls, volunteer training protocol, animal diets, and disinfectant and disease control protocols. Plans provided as part of this statement must be consistent with the requirements of subsection (f) and the standards identified in subsection (e)(2)(A).
6. Payment of a non-refundable application processing fee of $41.00 and an inspection fee of $114.54 to be determined by the department pursuant to Fish and Game Code Section 2150.2 and adjusted annually pursuant to Fish and Game Code Section 713.
(C) The department shall determine whether the application is complete and request any additional information it believes is necessary to evaluate the proposal. The department may enter into a MOU with the California Council for Wildlife Rehabilitators (CCWR) for the purpose of obtaining CCWR's assistance with processing and evaluating applications. Such assistance may include but is not limited to helping review and evaluate applications, inspecting proposed facilities, and preparing recommendations to the department. Any MOU between the department and CCWR may also provide for payment by the department from revenue generated by the application and inspection fees collected under subsection (e)(2) to reimburse CCWR's expenses in providing assistance to the department. Within sixty days of receiving the application, the department shall make a determination that the applicant and the proposed facilities meet the requirements in subsection (e)(2). If the department determines that the application is incomplete or that the applicant or the proposed facilities do not meet the requirements in subsection (e)(2), the department shall deny the permit and will return the inspection fee.
(D) If the department determines that the application is complete and that the applicant and the proposed facilities meet the requirements in subsection (e)(2), the proposed facility shall be inspected by the department, CCWR or another designee. Failure to cooperate with inspectors provided by the department, CCWR or another designee may result in application denial.
(E) After inspection of the proposed facility, the department shall approve a MOU to permit a new wildlife rehabilitation facility only if the applicant and facility meets all applicable standards specified above. The department may deny a permit if the applicant has failed to allow an inspection of the proposed facility by the department or its designee or it is found that the facility does not meet the minimum standards. An applicant has one year to build the proposed facility from the time the MOU is signed by both parties. If the applicant has not built the proposed facility within one year of when the MOU was signed the permit will be revoked. Any person denied a permit under these regulations may request a hearing before the commission to show cause why their permit request should not be denied. MOU will be valid for three years. At the end of three years if a permittee wishes to renew a wildlife rehabilitation permit, a permit renewal form FG 542 (Rev 03/07) will be submitted along with a processing fee of $41.00 pursuant to Fish and Game Code Section 2150.2 and adjusted annually pursuant to Fish and Game Code 713.
(f) Provisions Related to the Operation of a Wildlife Rehabilitation Facility.
(1) Responsibility for Costs Incurred. The operator of a wildlife rehabilitation facility shall be responsible for any and all costs incurred in connection with the treatment, confinement or transportation of wildlife.
(2) Liability. The operator of a wildlife rehabilitation facility shall indemnify, defend and save harmless the State, its officers, agents, and employees from any and all claims and losses occurring or resulting to any person or property in connection with the treatment, confinement or transportation of wildlife.
(3) Restrictions Related to Holding Wildlife. Wildlife temporarily held for rehabilitation must be maintained separate from domestic animals and shall not be displayed to the public. Such wildlife shall have minimal direct human contact. Every effort shall be made to prevent imprinting.
(4) Department Approval Requirement for Release of Wildlife Back into the Wild. Rehabilitated wildlife may be released back into the wild only as directed by the department. The department may provide bands and tags for rehabilitated wildlife when deemed necessary by the department. If any animal cannot be released, it shall be transferred to a zoological garden, museum, college, university or other educational/research institution or wildlife exhibitor. If it cannot be released or transferred, it shall be humanely euthanized. These regulations do not authorize any person, facility or organization to accept, possess or relocate nuisance wildlife. Any healthy wildlife trapped in towns or cities or removed from under buildings or otherwise taken or trapped in accordance with Section 4152 or 4180, Fish and Game Code shall be immediately released in the area where trapped or disposed of as directed or authorized by the department. Any such wildlife that has been determined by a veterinarian to be so seriously ill that it cannot be treated shall be euthanized and tested as directed by the appropriate county public health agency or the department.
(5) Notification Requirement for Dead or Diseased Animals. The operator of a wildlife rehabilitation facility shall notify the nearest department region office within twenty-four (24) hours if any animal dies of a disease specified in the facility's permit or is suspected to have died from one of those diseases and shall make the dead animal available for delivery to the department or other facility as directed by the department.
(6) Written Record Requirement. The operator of a wildlife rehabilitation facility shall maintain a written record for each animal being cared for. This record shall include the name and address of the person finding the animal, the location where the animal was found (when available), a description of its condition and treatment, the dates it was received and transferred from the facility and the location of its final disposition.
(7) Availability of Records. The operator of a wildlife rehabilitation facility shall make all records, wildlife being rehabilitated and any materials used for the confinement, treatment, or care of wildlife, available for inspection by department employees or employees of the Department of Food and Agriculture or Department of Health Services or any other person authorized to enforce these regulations.
(8) All wildlife rehabilitation facility personnel, professional and volunteer, shall satisfactorily complete one department-approved wildlife rehabilitation training session each year. Training may include sessions of wildlife identification, wildlife capture and restraint, wildlife laws and regulations, veterinary medical and other subjects approved by the department. The training shall be a minimum of two hours.
(g) Compliance With Other Restrictions. These regulations, or any permit issued pursuant thereto, do not authorize possession of any wild animal in violation of any other Federal, state, city, or county law, ordinance or regulation, including but not limited to any California Department of Health Services Rabies Control regulations.
NOTE

Authority cited: Sections 200, 1050, 2000, 2127, 2150.2, 3005.5, 3800 and 4150, Fish and Game Code. Reference: Sections 200, 713, 1008, 2000, 2001,  2150.4, 2192, 3005.5, 3511, 3800, 4150, 4190 and 4800, Fish and Game Code; and Section 8670.61.5, Government Code.
HISTORY

1. New section filed 8-8-94; operative 9-7-94 (Register 94, No. 32).
2. Editorial correction of subsections (a) and (f)(1) (Register 2007, No. 12).
3. Amendment of section and Note filed 4-2-2007; operative 4-2-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 14).
§680. Propagation, Sale, Transportation and Release of Birds or Mammals by Domestic Game Breeders, Licensed Pheasant Clubs, or Domestic Migratory Game Bird Shooting Areas.
Note     •     History

(a) For the purpose of this section, a diseased bird or mammal is one that carries a disease which is detrimental to wild populations.
(b) No birds or mammals, designated by the department to be diseased, shall be propagated, sold, transported, released, or otherwise disposed of without a free written permit issued by the department.
NOTE

Authority cited: Sections 2120, 3302, 3303 and 3516, Fish and Game Code. Reference: Sections 2116, 2118.2, 2118.4, 2119-2155, 2185-2191, 3270.5, 3274, 3281-3283, 3287-3300, 3302-3305, 3307, 3311 and 3500-3517, Fish and Game Code.
HISTORY

1. New section filed 7-19-76 as an emergency; effective upon filing (Register 76, No. 30).
2. Certificate of Compliance filed 10-19-76 (Register 76, No. 43).
3. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
4. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
5. Amendment of subsection (b) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
§690. Captive Breeding of Albino Native Reptiles and Amphibians. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5061 and 6896, Fish and Game Code. Reference: Sections 5061 and 6896, Fish and Game Code.
HISTORY

1. New section filed 10-1-82; effective thirtieth day thereafter (Register 82, No. 40).
2. Repealer filed 4-23-92; operative 5-25-92 (Register 92, No. 20).
§695. Taxidermists.
Note     •     History

(a) Records: Every person who prepares, stuffs or mounts the skin or any part of any fish, reptile, bird or mammal for another person shall keep an accurate record of all fish, reptile, bird or mammal carcasses, skins or parts thereof received, acquired, stored or possessed for taxidermy purposes. Such record shall include the following:
(1) The name and address of the person from whom each specimen is received;
(2) The name and address of the owner of each specimen received, including the hunting or fishing license number and license tag number (if applicable);
(3) A description of each specimen, including the species of fish, reptile, bird or mammal, and the part of the animal received;
(4) The name and address of the person to whom each processed specimen is delivered;
(5) The date each specimen is received, and the date the processed specimen is delivered;
(6) A copy of the declaration of entry or the bill of lading accompanying all fish, reptile, bird or mammal carcasses, skins or parts thereof which are received or delivered from out of state required pursuant to section 2353 of the Fish and Game Code shall be retained.
(b) Immediate Recording: Upon receiving a fish, reptile, bird or mammal or part thereof, the information required in this regulation shall be immediately recorded.
(c) Inspection and Retention of Records: The records required by this regulation shall be open for inspection by department employees upon request. The records shall be retained for a period of one year, except that such record shall be retained permanently for any unclaimed or unredeemed specimen.
(d) Sale of Unclaimed or Unredeemed Specimens: Every person who prepares, stuffs or mounts the skin or any part of fish, reptiles, bird or mammal for another person and who keeps the records provided in (a) may sell unclaimed or unredeemed skins under the following conditions:
(1) A notice shall be posted where it is visible to all persons who bring skins to a taxidermist for preparation, stuffing, or mounting, stating that the skins will be sold pursuant to chapter 6 (commencing with section 3046) of part 4 of division 3 of the Civil Code if unclaimed or unredeemed by the owner.
(2) The department shall, upon request, be provided with the name and address of any person who has failed to claim or redeem any skin or part thereof.
(3) The sale price of any prepared, stuffed, or mounted skin or part thereof, shall not exceed the actual cost of labor, preparation and advertising costs relating to the sale, less any amount already paid by the owner of the skin for its preparation, stuffing, or mounting.
(4) No skin or part of any fully protected, rare, or endangered species of fish, reptile, bird or mammal may be sold.
(5) No skin or part of any migratory bird covered by the federal Migratory Bird Treaty Act or Bald Eagle Act may be sold without approval of the U.S. Fish and Wildlife Service.
(6) The notice to customers required in (1) above shall include a copy of subdivision (d) of this regulation.
NOTE

Authority cited: Section 3087, Fish and Game Code. Reference: Section 3087, Fish and Game Code.
HISTORY

1. New section filed 7-31-75; effective thirtieth day thereafter (Register 75, No. 31).
2. Amendment filed 3-16-77; effective thirtieth day thereafter (Register 77, No. 12).
3. Amendment of subsection (a), renumbering of subsection (a)(5) to subsection (b), subsection (a)(6) to subsection (c), and prior subsection (b) to subsection (d) and changes without regulatory effect pursuant to section 100, title 1, California Code of Regulations, in new subsections (b), (c) and (d) filed 4-18-91; operative 5-18-91 (Register 91, No. 19).
§696. Fur Dealer and Fur Agent Licenses.
Note     •     History

(a) Fur Dealer License. Every person engaging in, carrying on, or conducting, wholly or in part, the business of buying, selling, trading or dealing in raw furs of furbearing mammals or nongame mammals shall first procure a fur dealer license.
Each licensed fur dealer shall submit, not later than July 1, to the department at 1416 Ninth Street, Sacramento, California 95814, an annual report on forms provided by the department.
(b) Fur Agent License. Any person employed by a licensed fur dealer to engage in the business of buying, selling, trading or dealing in raw furs only on behalf of the fur dealer, and not on his own behalf, shall first procure a fur agent license, providing that the fur dealer employing that person has submitted the annual report required in (a) above. Such licenses shall be valid for a term of one year from July 1, or if issued after the beginning of such term, for the remainder thereof.
(c) It shall be unlawful for any fur dealer or fur agent to purchase the raw fur of any furbearing mammal or nongame mammal from any person who does not hold a valid trapping license, fur dealer license, or fur agent license.
NOTE

Authority cited: Sections 4009.5, 4042 and 4150, Fish and Game Code. Reference: Sections 4009.5, 4030-4043 and 4150, Fish and Game Code.
HISTORY

1. New section filed 1-10-80 as an emergency; effective upon filing (Register 80, No. 2). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-10-80.
2. Certificate of Compliance filed 2-7-80 (Register 80, No. 6).
3. Repealer and new section filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
§699. Fees.
Note     •     History

Pursuant to the provisions of section 1050 of the Fish and Game Code, and in compliance with the provisions of section 713 of said Code, the Department shall annually adjust the fees of all licenses, certificates, permits and license tags, or other entitlement required by regulations set forth in this title 14.
(a) Base Year. Unless otherwise specified by the Fish and Game Code, or regulations adopted pursuant thereto, the base year for establishment of fees shall be 1991, or the year in which the license, certificate, permit or license tag was established after 1991.
(b) Permit Fees: Unless otherwise provided in this title 14 or in the Fish and Game Code, the Department shall charge a fee of thirty dollars ($30.00) for any permit issued pursuant to these regulations.
NOTE

Authority cited: Sections 240, 713 and 1050, Fish and Game Code. Reference: Sections 240, 713 and 1050, Fish and Game Code.
HISTORY

1. New section filed 11-27-89 as an emergency; operative 11-27-89 (Register 90, No. 4). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 3-27-90.
2. New section filed 7-3-90; operative 7-3-90 (Register 90, No. 35).
3. Amendment of subsection (a) including renumbering of first sentence to undesignated introductory paragraph, repealer and new subsection (b) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
§699.5. Fees for Lake and Streambed Alteration Agreements.
Note     •     History

(a) Definitions. 
(1) For purposes of this section, the following definitions apply: 
(A) “Activity” means any activity that by itself would be subject to subdivision (a) of section 1602 of the Fish and Game Code. 
(B) “Agreement” means a lake or streambed alteration agreement issued by the department. 
(C) “Agreement for routine maintenance” means an agreement that:  (1) covers only multiple routine maintenance projects that the entity will complete at different time periods during the term of the agreement; and (2) describes a procedure the entity must follow for any maintenance projects the agreement covers. 
(D) “Agreement for timber harvesting” means an agreement of five years or less that covers one or more projects that are included in a timber harvesting plan approved by the California Department of Forestry and Fire Protection. 
(E) “Department” means the California Department of Fish and Game. 
(F) “Extension” means either a renewal of an agreement executed prior to January 1, 2004, or an extension of an agreement executed on or after January 1, 2004. 
(G) “Master agreement” means an agreement with a term of greater than five years that: (1) covers multiple projects that are not exclusively projects to extract gravel, sand, or rock; not exclusively projects that are included in a timber harvesting plan approved by the California Department of Forestry and Fire Protection; or not exclusively routine maintenance projects that the entity will need to complete separately at different time periods during the term of the agreement; and (2) describes a procedure the entity must follow for construction, maintenance, or other projects the agreement covers. 
An example of a project for which the department would issue a master agreement is a large-scale development proposal comprised of multiple projects for which specific, detailed design plans have not been prepared at the time of the original notification. The master agreement will specify a process the department and entity will follow before each project begins and may identify various measures the entity will be required to incorporate as part of each project in order to protect fish and wildlife resources. As a general rule, the process specified in the master agreement will require the entity to notify the department before beginning any project the agreement covers and submit a fee based on the cost of the project. After the department receives the notification, it will confirm that the master agreement covers the project and propose measures to protect fish and wildlife resources in addition to any included in the master agreement, if such measures are necessary for the specific project. A master agreement will typically, but not always, encompass one or more watersheds and/or relate to a habitat conservation plan or natural community conservation plan. By contrast, if the large-scale development proposal is comprised of, for example, multiple residences, golf courses, and associated infrastructure projects for which specific, detailed design plans have been prepared by the time the entity notifies the department  and the entity is ready to begin those projects, the department would issue the entity a  standard agreement.
(H) “Master agreement for timber operations” means an agreement with a term of greater than five years that: (1) covers timber operations on timberland that are not exclusively projects to extract gravel, sand, or rock; not exclusively projects that are included in a timber harvesting plan approved by the California Department of Forestry and Fire Protection; or not exclusively routine maintenance projects that the entity will need to complete separately at different time periods during the term of the agreement; and (2) describes a procedure the entity must follow for construction, maintenance, or other projects the agreement covers. For the purposes of this definition, “timberland” and “timber operations” have the same meaning as those terms are defined in sections 4526 and 4527 of the Public Resources Code, respectively. 
(I) “Project” means either of the following as determined by the department: 
1. One activity. An example of such a project is one that is limited to the removal of riparian vegetation at one location along the bank of a river, lake, or stream that will substantially change the bank. 
2. Two or more activities that are interrelated and could or will affect similar fish and wildlife resources. An example of such a project is the construction of one bridge across a stream that requires the removal of riparian vegetation, the installation of abutments in or near the stream, and the temporary de-watering of the stream using a diversion structure. Each of those three activities together would constitute one project for the purpose of calculating the fee under this section because they are all related to the single purpose of constructing one bridge at one location. By contrast, the construction of three bridges and two culverts across a stream at five different locations would not constitute one project, but instead would constitute five projects, even if each structure were to provide access to a common development site and/or were physically connected to each other by a road. 
“Project” does not mean project as defined in section 21065 of the Public Resources Code or section 15378 of title 14 of the California Code of Regulations. 
(J) “Standard agreement” means any agreement other than an agreement for gravel, rock, or sand extraction, an agreement for timber harvesting, an agreement for routine maintenance, a master agreement, or a master agreement for timber operations. 
(b) Standard Agreement. 
(1) Fee if the term of the agreement is 5 years or less: 
(A) $224.00 if the project costs less than $5,000. 
(B) $280.25 if the project costs from $5,000 to less than $10,000. 
(C) $560.25 if the project costs from $10,000 to less than $25,000. 
(D) $840.25 if the project costs from $25,000 to less than $100,000. 
(E) $1,233.25 if the project costs from $100,000 to less than $200,000. 
(F) $1,673.00 if the project costs from $200,000 to less than $350,000. 
(G) $2,521.50 if the project costs from $350,000 to less than $500,000. 
(H) $4,482.75 if the project costs $500,000 or more. 
(2) Fee if the term of the agreement is longer than 5 years: 
(A) $2,689.50 base fee, plus the fee specified in subdivision (b), paragraph (1). 
(3) For the purpose of this subdivision, project cost means the cost to complete each project for which notification is required. 
(4) As a general rule, a notification for a standard agreement should identify only one project. If an entity chooses to identify more than one project in a single notification, the department may require the entity to separately notify the department for one or more of the projects included in the original notification based on their type or location. If the notification includes more than one project, the fee shall be calculated by adding the separate fees for each project. For example, if a notification identifies three projects, one of which will cost less than $5,000 to complete, one of which will cost $7,500 to complete, and one of which will cost $17,500 to complete, the fee for the first project would be $224.00, the fee for the second project would be $280.25, and the fee for the third project would be $560.25. Hence, the total fee the entity would need to submit with the notification that identifies those three projects would be $1,064.50. 
(5) An entity may not obtain a standard agreement for any project identified in the notification that qualifies for an agreement for gravel, rock, or sand extraction, an agreement for timber harvesting, an agreement for routine maintenance, a master agreement, or a master agreement for timber operations unless the department agrees otherwise. 
(6) Fee submittal: 
(A) If the entity requests an agreement with a term of 5 years or less, the fee specified in paragraph (1) must be submitted with the notification. 
(B) If the entity requests an agreement with a term longer than 5 years, the fee specified in paragraph (2) must be submitted with the notification. 
(c) Agreement for Gravel, Sand, or Rock Extraction. 
(1) Fee if the term of the agreement is 5 years or less: 
(A) $560.25 if the annual extraction volume identified in the notification is less than 500 cubic yards. 
(B) $1,120.50 if the annual extraction volume identified in the notification is 500 to less than 1,000 cubic yards. 
(C) $2,801.75 if the annual extraction volume identified in the notification is 1,000 to less than 5,000 cubic yards. 
(D) $5,000 if the annual extraction volume identified in the notification is 5,000 or more cubic yards. 
(2) Fee if the term of the agreement is longer than 5 years: 
(A) $11,206.75 base fee, plus an annual fee of $1,120.50. 
(3) Fee submittal: 
(A) If the entity requests an agreement with a term of 5 years or less, the fee specified in paragraph (1) must be submitted with the notification. 
(B) If the entity requests an agreement with a term longer than 5 years, the base fee specified in paragraph (2) must be submitted with the notification. 
(d) Agreement for Timber Harvesting. 
(1) Fee: 
(A) $1,345.25 base fee, plus $112.00 for each project. 
(2) Fee submittal: 
(A) The fee specified in paragraph (1) must be submitted with the notification. 
(e) Agreement for Routine Maintenance. 
(1) Fee if the term of the agreement is 5 years or less: 
(A) $1,345.25 base fee, plus $112.00 for each maintenance project completed per calendar year. 
(2) Fee if the term of the agreement is longer than 5 years: 
(A) $2,689.50 base fee, plus $112.00 for each maintenance project completed per calendar year. 
(3) Fee submittal: 
(A) If the entity requests an agreement with a term of 5 years or less, the base fee specified in paragraph (1) at a minimum must be submitted with the notification. 
(B) If the entity requests an agreement with a term longer than 5 years, the base fee specified in paragraph (2) at a minimum must be submitted with the notification. 
(f) Master Agreement. 
(1) Fee: 
(A) $33,620.25 base fee, plus: 
1. An annual fee of $2,801.50, unless the department specifies otherwise. 
2. $280.25 for each project the agreement covers, unless the department specifies otherwise. 
(2) Fee submittal: 
(A) The base fee specified in paragraph (1) at a minimum must be submitted with the notification. 
(g) Master Agreement for Timber Operations. 
(1) Fee: 
(A) $8,404.75 base fee, plus: 
1. An annual fee of $1,120.50, unless the department specifies otherwise. 
2. $112.00 for each project the agreement covers, unless the department specifies otherwise. 
(2) Fee submittal: 
(A) The base fee specified in paragraph (1) at a minimum must be submitted with the notification. 
(h) If an entity chooses to identify more than one project in a single notification, the total fee may exceed $5,000 regardless of the term of the agreement. 
(i) Extensions for Agreements. 
(1) Fee: 
(A) $224.00. 
(2) Fee submittal: 
(A) The fee specified in paragraph (1) must be submitted with the request for an extension. 
(3) For the purpose of this subdivision and subdivisions (j) and  (k), an extension is not an amendment. 
(j) Minor Amendments. 
(1) Fee: 
(A) $168.00. 
(B) For the purpose of this subdivision, a minor amendment is one that would not significantly modify the scope or nature of any project covered by the agreement or any measure included in the agreement to protect fish and wildlife resources. 
(k) Major Amendments. 
(A) $560.25. 
(B) For the purpose of this subdivision, a major amendment is one that would significantly modify the scope or nature of any project covered by the agreement or any measure included in the agreement to protect fish and wildlife resources, or require additional environmental review pursuant to section 21000 et seq. of the Public Resources Code or section 15000 et seq. of title 14 of the California Code of Regulations. 
(C) A project may not be added to an agreement by amendment unless the agreement specifies otherwise. 
(l) California Environmental Quality Act (“CEQA”). 
(1) When the department is required to act as lead agency in administering or enforcing sections 1600-1616 of the Fish and Game Code, the department may charge and collect a reasonable fee from the entity to recover its estimated CEQA-related costs in accordance with section 21089 of the Public Resources Code. The department may recover its estimated CEQA-related costs by collecting from the entity one or more deposits. The amount of the first deposit shall be at least $1,500. The department shall refund any unused deposit to the entity. 
(m) Payment of Fees. 
(1) The department may refuse to process a notification or a request for an extension or amendment until the department receives the proper fee or fees. 
(n) Refunds. 
(1) If an entity requests an agreement with a term longer than 5 years and the department denies the entity's request, the department will return the fees paid and instruct the entity to submit the applicable fee for an agreement with a term of 5 years or less. 
(2) If after receiving a notification the department determines that notification is not required because the project is not subject to subdivision  (a) of section 1602 of the Fish and Game Code, the department shall refund to the entity any fees submitted with the notification. 
NOTE

Authority cited: Section 1609, Fish and Game Code; and Section 21089, Public Resources Code. Reference: Section 1609, Fish and Game Code; and Section 21089, Public Resources Code.
HISTORY

1. New section filed 7-1-91; operative 7-1-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 40).
2. Amendment of subsections (a)-(f) filed 4-14-92; operative 5-14-92 (Register 92, No. 18).
3. Amendment filed 2-23-2000; operative 3-24-2000 (Register 2000, No. 8).  
4. Repealer and new section filed 10-13-2005; operative 11-12-2005 (Register 2005, No. 41).
5. Amendment of subsections (b)(1)(A)-(h), (b)(2)(A), (b)(4), (c)(1)(A)-(C), (c)(2)A), (d)(1)(A), (e)(1)(A), (e)(2)(A), (f)(1)(A)-(f)(1)(A)2., (g)(1)(A)-(g)(1)(A)2., (h)(1)(A), (i)(1)(A), (j)(1)(A) and (k)(1)(A) filed 12-2-2009; operative 1-1-2010 (Register 2009, No. 49).
§700. Hunting and Fishing Licenses, Possession.
Note     •     History

(a) Possession of Sport Fishing License: Every person, while engaged in taking any fish, amphibian or reptile, shall have on their person or in their immediate possession a valid sport fishing license, except when diving as provided in Section 7145 of the Fish and Game Code.
(b) Possession of Hunting License: Every person, while engaged in taking any bird or mammal shall have on their person or in their immediate possession a valid hunting license.
NOTE

Authority cited: Sections 200, 202, 203, 205, 215, 1050 and 3050, Fish and Game Code. Reference: Sections 200, 201, 202, 203, 205, 215, 220, 221, 1050, 1052, 1053, 2012, 3007, 3031, 3037, 3055, 3060, 3061, 3062, 3063, 7145, 7147, 7149, 7149.05, 7149.2 and 7150, Fish and Game Code.
HISTORY

1. New section filed 6-24-66 as an emergency; designated effective 7-2-66; Certificate of Compliance included (Register 66, No. 19).
2. Amendment filed 6-4-70; designated effective 7-1-70 (Register 70, No. 23).
3. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
4. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
5. Amendment of section heading, text and Note filed 2-25-94; operative 2-25-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 8).
6. Amendment of section heading, section and Note filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
§700.3. Hunting and Fishing Licenses, Application for.
Note     •     History

The following procedure shall be followed in issuing hunting or sport fishing licenses:
(a) A hunting or sport fishing license, except as provided in subsections 700.3(b) and (c), Title 14, CCR, shall contain the following information about the licensee before being issued:
(1) True name
(2) Residence address
(3) Date of Birth
(4) Height
(5) Color of eyes
(6) Color of hair
(7) Weight
(8) Sex
(9) Telephone number (required for any person applying for a sport fishing license)
(b) A sport fishing license issued pursuant to subsections 7149(a)(5) or 7149.05(a)(5) of the Fish and Game Code shall contain the name of the angler and the date of validity before being issued to the licensee.
(c) For licenses issued via the current paper license system. Notwithstanding the provisions of Fish and Game Code Section 1053, any person may purchase a hunting or sport fishing license for another person, as long as the application contains the licensee's true name and residence address.  Prior to using any license, the licensee shall complete the license so that it contains all of the information required in subsection (a) above.
(d) For licenses issued via the Automated License Data System (ALDS) (see Section 700.4). Notwithstanding any provisions of Fish and Game Code, Section 1053, any person may purchase a hunting or sport fishing license for another person, as long as the licensee's customer identification number issued from the ALDS and date of birth are provided.
(e) For licenses issued via the ALDS. Pursuant to Fish and Game Code Section 1061, any person who wishes to purchase an annual hunting license or annual sport fishing license for another person but does not have available the information required for that purchase may be allowed to purchase a voucher for said license.
NOTE

Authority cited: Sections 1050 and 4331, Fish and Game Code. Reference: Sections 1050, 1053, 1061, 3031, 4331, 7145, 7149, 7149.05, 7149.2 and 7150, Fish and Game Code.
HISTORY

1. Renumbering of former section 705 to new section 700.3, including amendment of subsection (a) and new subsection (a)(9), filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
§700.4. Automated License Data System.
Note     •     History

(a) Defined:
For the purposes of this Division the “Automated License Data System” or “ALDS” is an automated system that replaced the Department's paper license inventory system. ALDS allows license items to be printed instantly using point of sale terminals and is available at Department license agents and Department license sales offices located throughout the state. ALDS also allows applicants to apply for licensing via the Internet.
(b) Get Outdoors Identification Number
The first time any applicant applies for any license, tag, permit, reservation or other entitlement via ALDS, the applicant shall receive a unique Get Outdoors Identification number or “GO ID.” The GO ID shall not be transferable to any other person. 
(c) Identification Required; Acceptable forms of. 
Any applicant applying for any license, tag, permit, reservation or other entitlement issued via ALDS shall provide valid identification. Acceptable forms of identification include: 
(1) Any license document or GO ID number previously issued via ALDS 
(2) A valid driver's license or identification card issued to him or her by the Department of Motor Vehicles or by the entity issuing driver's licenses from the licensee's state of domicile 
(3) US Birth Certificate 
(4) US Certificate or Report of Birth Abroad 
(5) Tribal Identification Card, as defined by each sovereign tribal nation 
(6) Birth Certificate or passport issued from a US Territory 
(7) US Passport 
(8) US Military Identification Cards (Active or reserve duty, dependent, retired member, discharged from service, medical/religious personnel) 
(9) Certificate of Naturalization or Citizenship. 
(10) A foreign government-issued photo identification 
(d) Any applicant less than 18 years of age applying for any license, tag, permit, reservation or other entitlement issued via the ALDS shall provide valid identification. Acceptable forms of identification include: 
(1) Any form of identification described above
(2) A parent or legal guardian's identification as described above. 
(e) Nonrefundable Application Fee 
All licenses, tags, permits, reservations or other entitlements purchased via ALDS shall be subject to a three percent nonrefundable application fee, not to exceed seven dollars and fifty cents ($7.50) per item, to pay the Department's costs for issuing that license, tag, permit, reservation or other entitlement. 
NOTE

Authority cited: Sections 713, 1050 and 1054, Fish and Game Code. Reference: Sections 713, 1050 and 1054, Fish and Game Code.
HISTORY

1. New section filed 12-14-2007; operative 1-13-2008 (Register 2007, No. 50).
2. New subsections (b)-(c)(2) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
3. Amendment of section and Note filed 11-15-2011; operative 11-15-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 46).
§700.5. Applications and Reports.
Note     •     History

(a) For any license, permit, tag, reservation or other entitlement issued by the department where a specific form or application is specified, the department may accept the submission of equivalent information identified on the application or form via alternative media, such as the Internet, an Automated License Data System (ALDS) Point of Sale terminal or the telephone.
(b) For any license, permit, tag, reservation or other entitlement provided by the department where a specific location is specified, the department may accept the submission at alternative locations, such as other department offices, license agent locations or the Internet.
(c) For any license, permit, tag, reservation or other entitlement issued by the department where a report is required and a specific reporting methodology or report form is specified, the department may accept the submission of equivalent information identified on the report form via alternative media, such as the Internet, an Automated License Data System (ALDS) Point of Sale terminal or the telephone. 
NOTE

Authority cited: Section 1050, Fish and Game Code. Reference: Section 1050, Fish and Game Code.
HISTORY

1. New section filed 12-14-2007; operative 1-13-2008 (Register 2007, No. 50).
§701. Sport Fishing Forms and Fees.
Note     •     History

Application	Permit   	Processing
	Fees (US$)	   Fees (US$)
(a) Declaration for Multi-Day Fishing Trip 
	(FG 935 (rev. 06/11)), incorporated 	$ 5.50	
	by reference herein
(b) 2012 North Coast Salmon Report Card 	5.50
(c) 2012 Sturgeon Fishing Report Card 	Free
(d) 2012 Spiny Lobster Report Card  	8.50
(e) 2012 Abalone Report Card Duplicate Fee	9.25	7.50
(f) 2012 Sturgeon Fishing Report Card 	Free	7.50
   Duplicate Fee
(g) Pursuant to the provisions of Section 699, Title 14, the department shall annually adjust the fees of all licenses, stamps, permits, tags, or other entitlements required by regulations set forth in this section. 
NOTE

Authority cited: Sections 200, 202, 205, 220, 713, 1050, 1053 and 7149.8, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 220, 713, 1050, 1053, 1055 and 7149.8, Fish and Game Code.
HISTORY

1. New section filed 8-4-2006; operative 8-4-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
2. Repealer of subsections (b) and (c) and subsection relettering filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
3. Amendment filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
4. Amendment of section and Note filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
5. Change without regulatory effect amending section filed 1-28-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 5).
6. Amendment of subsections (b), (c) and (i)  filed 2-9-2010; operative 3-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 7). 
7. Amendment of section and Note filed 11-15-2011; operative 11-15-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 46).
§702. Hunting Applications, Tags, Seals, Permits, Reservations and Fees.
Note     •     History

(a) Private Wildlife Management Areas
(1) License Application (Initial -- FG WPB 538 (Rev. 01/11), Annual Renewal -- FG WPB 539 (Rev. 01/11), 5-Year Renewal -- FG WPB 537 (Rev. 01/11), incorporated by reference herein)

(A) less than 5000 acres	$1,666.75

(B) 5,001 to 10,000 acres	$2,400.50

(C) 10,001 to 15,000 acres	$2,800.50

(D) greater than 15,001 acres	$3,200.50
(2) Tags and Seals

(A) 2011 Antelope Tag (Buck)	$ 199.75

(B) 2011 Antelope Tag (Doe)	$ 120.00

(C) 2011 Bear Tag	$  56.25

(D) 2011 Deer Tag (Antlerless)	$  64.00

(E) 2011 Deer Tag (Buck)	$  64.00

(F) 2011 Deer Tag (Either-sex)	$  64.00

(G) 2011 Elk Tag (Antlerless)	$ 400.00

(H) 2011 Elk Tag (Bull)	$ 559.75

(I) 2011 Pig Tag	$  56.25

(J) 2011 Turkey Tag	$  24.50

(K) 2011/2012 Upland Game seals	$   1.05
(b) Reservation Drawings and Permits to Hunt on State and Federal Areas
(1) Reservation Drawings

(A) 2011/2012 Per Hunt Choice	$  1.25
(2) Passes and Permits

(A) 2011/2012 Type A Hunting Area Season Pass	$135.75

(B) 2011/2012 Type B Hunting Area Season Pass	$ 45.25

(C) 2011/2012 Type A Hunting Area Two-Day Pass	$ 29.25

(D) 2011/2012 Type A Hunting Area One-Day Entry 
  Permit	$ 18.00
(c) Hunting Tags          

(1)	Tag/Application 	Processing Fees	Fees

(A)	2011/2012 California Resident	$  23.00	$4.00
	First-Deer Tag 		
(B)	2011/2012 California Nonresident	$ 233.00	$4.00
	First-Deer Tag Application
(C)	2011/2012 California Resident	$  29.50	$4.00
	Second-Deer Tag
(D)	2011/2012 California Nonresident 	$ 233.00	$4.00
	Second-Deer Tag 
(E)	2011/2012 California Resident Bear 	$  35.25	$4.00
	Tag 
(F)	2011/2012 Nonresident Bear Tag	$ 245.75	$4.00
(G)	2011 California Antelope Tag Drawing		$7.50
	(Per Hunter)
(H)	2011 California Elk Tag Drawing 		$7.50
(I)	2011 California Nelson Bighorn Sheep 		$7.50
	Tag Drawing (Per Hunter) 
(J)	2011 Resident Antelope Tag	$ 128.25
(K)	2011 Nonresident Antelope Tag	$ 397.25
(L)	2011 Resident Elk Tag	$ 385.50
(M)	2011 Nonresident Elk Tag	$1,192.25
(N)	2011 Resident Bighorn Sheep Tag	$ 363.50
(O)	2011 Nonresident Bighorn Sheep Tag	$ 500.00
(P)	2011 Bobcat Tags (Five)	$  14.25
(Q)	2011 Deer Tag -- Exchange	$  9.00
(R)	2011 Nonrefundable Processing Fee -- 	$  25.50
	Elk, Antelope, or Big Horn 
	Sheep Tag Return
(S)	2011 Fund-Raising Tags Random 		$5.00
	Drawing Entry Form 
(T) 	2011 Disabled Archer Permit		No Fee
	Application Form (FG 537
	(Rev. 01/11), incorporated by
	reference herein)
(U) 	2011 Disabled Muzzleloader 		No Fee
	Scope Permit Application Form 
	(FG 539 (Rev. 01/11) incorporated by 
	reference herein)
(V)	2011 Duplicate Big Game Tag		$9.00
	Affidavit (FG 301 (New 01/11)
	incorporated by reference
	herein)
(d) Pursuant to the provisions of Section 699, Title 14, the department shall annually adjust the fees of all licenses, stamps, permits, tags, or other entitlement required by regulations set forth in this section.
NOTE

Authority cited: Sections 200, 202, 203, 215, 220, 331, 332, 713, 1050, 1055, 1055.1, 1572, 4331, 4336 and 10502, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 210, 215, 219, 220, 331, 332, 713, 1050, 1055, 1570, 1571, 1572, 1573, 3950, 3951, 4302, 4330, 4331, 4332, 4333, 4336, 4340, 4341, 4652, 4653, 4654, 4655, 4657, 4750, 4751, 4752, 4753, 4754, 4755, 4902, 10500 and 10502, Fish and Game Code.
HISTORY

1. New section filed 8-4-2006; operative 8-4-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
2. Amendment filed 5-29-2007; operative 5-29-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
3. Change without regulatory effect amending section filed 7-28-2008 pursuant to section 100, title 1, California Code of Regulations; effective 30 days after filing (Register 2008, No. 31).
4. Amendment filed 6-24-2010; operative 6-24-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 26). 
5. Amendment filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§703. Miscellaneous Applications, Tags, Seals, Licenses, Permits, and Fees.
Note     •     History

(a) Applications, Forms and Fees for January 1 through December 31 (Calendar Year).
(1) Permits for Restricted Species 
(A) 2012 Restricted Species Permit Fees

1. Restricted Species Permit Application (New) 	 $104.25	

2. Restricted Species Permit Application (Amended or 
  Renewal)	 $ 53.50

3. Animal Care -- Welfare Species	 $ 53.00

4. Animal Care -- Detrimental Species	 $445.50

5. Aquaculture	 $445.50

6. AZA -- Detrimental Species	 $445.50

7. Breeding	 $445.50

8. Resident Broker/Dealer	 $445.50

9. Nonresident Broker/Dealer	 $890.50

10. Resident Exhibiting	 $445.50

11. Nonresident Exhibiting	 $890.50

12. Native Species Exhibiting	 $445.50

13. Resident Nuisance Bird Abatement	 $445.50

14. Nonresident Nuisance Bird Abatement	 $890.50 

15. Research -- Detrimental Species	 $445.50

16. Shelter	 $ 53.00

17. Single Event Breeding for Exhibitors	 $ 53.00

18. Fish	 $445.50

19. Fee for two bi-annual inspections (All permits except 
  Aquaculture and Fish)	 $178.25

20. Fee for two bi-annual inspections (Aquaculture and
  Fish) 	$3,084.75

21. Hourly fee for inspections longer than 2 hours 	 $ 56.50
(B) New Restricted Species Permit Application (FG 1312 (Rev. 10/11)), incorporated by reference herein.
1. Any person applying for all permits specified in subsections 671.1(b)(1)-(12), except for the permit specified in subsection 671.1(b)(7) (Native Species Exhibiting Permit), shall submit this application when applying for a new permit.
(C) Native Species Exhibiting Permit Amendment Request form (FG 1312a (Rev. 10/11)), incorporated by reference herein.
1. Any person with a valid Native Species Exhibiting Permit specified in subsection 671.1(b)(7) and requests to add species, change authorizations and conditions or change the facility's name and/or address shall submit this form.
(D) New Native Species Exhibiting Permit Application (FG 1312b (Rev. 10/11)), incorporated by reference herein.
1. Any person applying for the Native Species Exhibiting Permit specified in subsection 671.1(b)(7) shall submit this application when applying for a new permit.
(E) Restricted Species Permit Inventory of Animals form (FG 1313 (New 11/10)), incorporated by reference herein.
1. Any person applying for any permits specified in subsections 671.1(b)(1)-(12), except for the permit specified in subsection 671.1(b)(7) (Native Species Exhibiting Permit), shall submit this form when applying for a new permit.
(F) Native Species Exhibiting Permit Inventory of Animals form (FG 1313a (New 11/10)), incorporated by reference herein.
1. Any person applying for the Native Species Exhibiting Permit specified in subsection 671.1(b)(7) shall submit this form when applying for a new permit.
(G) Restricted Species Permit Amendment Request form (FG 1313b (Rev. 10/11)), incorporated by reference herein.
1. Any person with a valid permit specified in subsections 671.1(b)(1)-(12), except for the permit specified in subsection 671.1(b)(7) (Native Species Exhibiting Permit), and requests to add species, change authorizations and conditions or change the facility's name and/or address shall submit this form.
(H) Restricted Species Nonresident Exhibiting Permit Itinerary form (FG 1316 (New 11/10)), incorporated by reference herein.
1. Any person applying for a Nonresident Exhibiting Permit specified in subsection 671.1(b)(6) or amending an existing itinerary on file with the department shall submit this form as required in subsection 671.1(c)(2)(G).
(I) Any person renewing an existing restricted species permit specified in Section 671.1(b), shall submit their request using an annual report generated and provided by the department.
(b) Pursuant to the provisions of Section 699, Title 14, the department shall annually adjust the fees of all licenses, stamps, permits, tags, or other entitlements required by regulations set forth in this section.
NOTE

Authority cited: Sections 713, 1002, 1050, 1053, 2118, 2120, 2122, 2150, 2150.2 and 2157, Fish and Game Code. Reference: Sections 713, 1050, 1053, 2116, 2116.5, 2117, 2118, 2120, 2125, 2150, 2150.2, 2151, 2157, 2190, 2193, 2271, 12000 and 12002, Fish and Game Code. 
HISTORY

1. New section filed 3-9-2011; operative 4-8-2011 (Register 2011, No. 10).
2. Change without regulatory effect amending subsections (a)(1)(A)-(D) and (a)(1)(G) filed 5-21-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 21).
§704. Miscellaneous Forms, Permits and Fees. [Repealed]
Note     •     History

NOTE

Authority cited: Section 1050, Fish and Game Code. Reference: Section 1050, Fish and Game Code.
HISTORY

1. New section filed 2-13-2008; operative 3-14-2008 (Register 2008, No. 7).
2. Repealer filed 11-15-2011; operative 11-15-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 46).
§705. Commercial Fishing Applications, Permits, Tags and Fees.
Note     •     History

(a) Application	Permit	Processing
	Fees(US$)	  Fees(US$)

(1) 2012-2013 Crayfish Permit Application 	39.75	
	FG 964 (Rev. 12/11), incorporated by 
	reference herein.
(2) 2012-2013 Permit to Take Fish in  	19.75
	California Waters and Deliver to a Port 
	Outside of California Application WPD 917 
	(Rev. 12/11), incorporated by reference herein. 
(3) 2012-2013 Herring Buyer's Permit 	994.75
	FG 327 (Rev. 3/12), incorporated by 
	reference herein. 
(4) 2012-2013 Herring-Eggs-on-Kelp Permit
	Application FG 1406 (Rev 3/12), 
	incorporated by reference herein. 
(5) 2012/2013 Herring Fresh Fish Market 	 39.75
	Permit Application FG 329 (Rev. 3/12), 
	incorporated by reference herein. 
(6) 2012-2013 Commercial Herring Permit 
	Worksheet FG 1377 (Rev. 3/12), 
	incorporated by reference herein. 
(7) 2012-2013 Commercial Boat Registration Worksheet 
	FG 1309 BoatWeb (Rev. 1/12), incorporated by 
	reference herein. 
(A) California Halibut Bottom Trawl Vessel 
	Permit	50.50	7.50
(B) Coonstripe Shrimp Trap Vessel 	99.50
	Permit 
(C) Market Squid Vessel Permit  	2,614.25
	(Transferable)
(D) Market Squid Vessel Permit 	1,307.25
	(Nontransferable) 
(E) Market Squid Brail Permit 	2,614.25
	(Transferable) 
(F) Market Squid Light Boat Permit 	784.25
	(Transferable)

(G) Market Squid Light Boat Permit  	50.50
	(Nontransferable)
(H) Northern Pink Shrimp Trawl 	1,326.75
	Vessel Permit (Transferable)
(I) Northern Pink Shrimp Trawl Vessel 	663.75
	Permit (Nontransferable)
(J) Tanner Crab Trap Vessel Permit	12,442.50
(K) Tier 1 Spot Prawn Trap Vessel Permit 	331.25
(L) Tier 2 Spot Prawn Trap Vessel Permit	331.25
(M) Tier 3 Spot Prawn Trap Vessel Permit	1,326.75
(8) 2012-2013 Commercial Fishing License 
	Worksheet FG 1309a FishWeb (Rev. 1/12), 
	incorporated by reference herein. 
(A) Anchovy Take Permit 	39.75
(B) Bay Shrimp Permit	39.75
(C) Deeper Nearshore Species Fishery 	166.00
	Permit
(D) Ghost Shrimp Permit 	39.75
(E) Golden and Ridgeback Prawn Trawl 	39.75
	Permit 
(F) Nearshore Fishery Bycatch Permit	265.50
(G) North Coast Region Nearshore Fishery 	663.75
	Permit (Transferable/Nontransferable)
(H) North-Central Coast Region Nearshore 	663.75
	Fishery Permit (Transferable/Nontransferable)
(I) South Coast Region Nearshore Fishery 	663.75
	Permit (Transferable/Nontransferable)
(J) South-Central Coast Region Nearshore 	663.75
	Fishery Permit (Transferable/Nontransferable)
(K) North Coast Region Nearshore Fishery Trap 	99.50
	Endorsement (Transferable/Nontransferable)
(L) North-Central Coast Region Nearshore 	99.50
	Fishery Trap Endorsement 
	(Transferable/Nontransferable)
(M) South Coast Region Nearshore 	99.50
	Fishery Trap Endorsement 
	(Transferable/Nontransferable)
(N) South-Central Coast Region Nearshore 	99.50
	Fishery Trap Endorsement 
	(Transferable/Nontransferable)
(O) Northern Rock Crab Trap Permit	327.00
(P) Sea Urchin Crewmember Permit	39.75
(Q) Southern Pink Shrimp Permit	39.75
(R) Southern Rock Crab Trap Permit	327.00
(S) Tidal Invertebrate Permit	39.75

(b) Transfer, Upgrade, or Change of Ownership		Fees(US$)

(1) Lobster Operator Permit Transfer		500.00
(2) Market Squid Permit Transfer (Nonrefundable)		500.00
(3) Market Squid Brail Upgrade		1,500.00
(4) Market Squid Permit Change of Vessel Ownership		500.00
(5) Nearshore Fishery Permit Transfer		500.00
(6) Nearshore Fishery Trap Endorsement Transfer		75.00
(7) Northern Pink Shrimp Trawl Vessel Permit Transfer 
	Application FG 1419 (Rev. 2/12), incorporated by 
	reference herein.
(A) Northern Pink Shrimp Trawl Vessel Permit 		1,000.00
	(New Owner) Transfer
(B) Northern Pink Shrimp Trawl Vessel Permit 		200.00
	(Same Owner) Transfer 
(C) Northern Pink Shrimp Trawl Vessel Permit 		100.00
	(Temporary) Transfer
(8) Spot Prawn Trap Vessel Permit Transfer		50.00
(9) Spot Prawn Trap Vessel Permit Change 		200.00
	of Vessel Ownership 
(10) Southern Rock Crab Trap Permit Transfer		1,000.00

(c) Tags and Miscellaneous		Fees(US$)

(11) 2012-2013 Season Request for Changes to Herring 
	Permits FG 1322-2 (Rev. 3/12), incorporated by 
	reference herein. 

(A) Temporary Substitute		50.00
(B) Boat Transfer		50.00
(C) Simultaneous Fishing 		No fee

(1) Commercial Surfperch Tags		10.00
			(Per Order)

(2) Importation and Sale of Kelp Bass, Sand Bass, 		10.00
	and Spotted Bass Tags		(Per Order)
(3) Pismo Clams Imported into California		10.00
			(Processing
			Fee Per Entry)
(4) 2012 Sea Urchin Diving Permit Drawing 		No Fee
	Application FG 1440 (Rev. 3/12), incorporated 
	by reference herein.

(d) Pursuant to the provisions of Section 699, Title 14, the department shall annually adjust the fees of all licenses, stamps, permits, tags, or other entitlements required by regulations set forth in this section. 
NOTE

Authority cited: Sections 713 and 1050, Fish and Game Code. Reference: Sections 713 and 1050, Fish and Game Code. 
HISTORY

1. New section filed 4-13-73; effective thirtieth day thereafter (Register 86, No. 27).
2. Amendment filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
3. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
4. New subsection filed 7-1-86; effective upon filing (Register 86, No. 27).
5. Amendment of subsections (a) and (b) filed 6-5-87; operative 7-5-87 (Register 87, No. 24).
6. Amendment filed 4-24-90; operative 5-24-90 (Register 90, No. 20).
7. Amendment of subsection (b) filed 2-1-93; operative 3-3-93 (Register 93, No. 6).
8. New subsection (a)(9) and amendment of section heading, subsection (c) and Note filed 3-3-94; operative 4-4-94 (Register 94, No. 9).
9. Amendment of subsection (a), repealer of subsection (a)(9), and amendment of subsection (c) filed 12-27-96; operative 12-27-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 52).
10. Amendment of subsections (a) and (b)-(c), new subsections (d)-(e) and amendment of Note filed 12-14-2007; operative 1-13-2008 (Register 2007, No. 50).
11. Renumbering of former section 705 to section 700.3 and new section 705 filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
12. Repealer of subsections (a)-(a)(13), new subsections (a)-(a)(8)(S), amendment of subsection (b)(7), new subsections (b)(11)-(b)(11)(C) and amendment of subsection (c)(4) filed 11-15-2011; operative 11-15-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 46).
13. Change without regulatory effect amending section filed 5-21-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 21).
§706. Hunting and Fishing License, Validation of.
Note     •     History

Except as provided in subsection 705(b) above, every hunting or sport fishing license to be valid shall contain the information required in section 705 above, and it shall be signed by the licensee and the license shall show the date of issue.
NOTE

Authority Cited: Section 200, 202, 203 and 205, Fish and Game Code.Reference: Sections 70, 200-205, 220, 221, 1050-1110, 2012, 3007, 3031, 3031.5, 3034, 3037, 3038, 3049, 3050, 3052, 3053, 3055, 3060-3063 and 7145-7150.5, Fish and Game Code.
HISTORY

1. New section filed 4-13-73; effective thirtieth day thereafter (Register 73, No.15).
2. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No.29).
3. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38)
4. Amendment filed 4-24-90; operative 5-24-90 (Register 90, No. 20).
5. Amendment filed 12-27-96; operative 12-27-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 52).
§707. Licenses, Certificates, Permits and License Tags, Dating of.
Note     •     History

Except as provided in subsection 705(b) above, every person who issues any license, certificate, permit or license tag authorized by the Fish and Game Code, shall enter in the space provided on the license, certificate, permit or license tag the date it was issued, and when required by the department, shall maintain a record of the date issued in the manner prescribed by the department. Any license agent who issues a permit or license tag shall immediately enter the tag number in the space provided on the appropriate current license.
NOTE

Authority cited: Sections 200, 202, 203 and 205, Fish and Game Code. Reference:Sections 1050-1054.5, 1056, 1059-1110, 3034, 3037, 3038, 3050, 3053, 3055, 3060, 3063, 7146, 7149 and 7150, Fish and Game Code.
HISTORY

1. New section filed 5-4-76; effective thirtieth day thereafter (Register 76, No. 19).
2. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
3. Amendment filed 8-18-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 34).
4. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No.38).
5. Amendment filed 4-24-90; operative 5-24-90 (Register 90, No. 20).
§708. Big Game License Tag, Application, Distribution and Reporting Procedures. [Repealed]
Note     •     History

NOTE

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

1. New section filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
2. Amendment of section and Note filed 3-27-2003; operative 4-26-2003 (Register 2003, No. 13). 
3. Change without regulatory effect amending subsections (a)(2)(B), (b)(2), (c)(1)-(2), (d)(2)-(3) and (e)(2) filed 7-14-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 29).
4. Amendment of subsections (a)(2)(A)1., (a)(2)(B), (a)(2)(F), (b)(2), (c)(1)-(2), (d)(2)-(3), (e)(2) and (f)(2) filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
5. Amendment filed 7-19-2005; operative 7-19-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 29).
6. Amendment filed 8-4-2006; operative 8-4-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
7. Amendment filed 5-29-2007; operative 5-29-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
8. Amendment of subsections (a)(2)(C)1., (a)(2)(E)2.c.-d., (c)(1), (g)(1)(D)2., (g)(1)(D)5., (g)(2)(A)-(B), (g)(2)(C) and (g)(2)(D) filed 6-20-2008; operative 6-20-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 25). 
9. Amendment filed 6-12-2009; operative 7-1-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 24). 
10. Amendment of subsection (a)(2)(A)1.a. and (a)(2)(D), new subsections (a)(2)(D)1.-(a)(2)(D)3.c., amendment of subsections (b)(1), (c)(3), (d)(1) and (g)(1)(K) and new subsections (g)(1)(L)-(g)(1)(M) and (h)-(h)(1)(A)13. filed 6-24-2010; operative 6-24-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 26). 
11. Editorial restoring correct placement of subsections and amending History 10 (Register 2010, No. 29).
12. Repealer filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.1. Big Game Deer License Tags Procedures and Requirements.
Note     •     History

(a) Deer License Tag Procedures and Requirements
(1) Deer License Tags. 
No person shall hunt deer without a valid deer license tag in possession for that particular area as defined in sections 360 and 361. Deer shall be tagged only with a valid deer license tag for the area (as defined in sections 360 and 361) in which the deer is killed. Except as otherwise provided in the Fish and Game Code, no person shall take more than two deer during any license year. 
(2) Deer License Tag Application and Distribution Procedures. 
(A) Distribution of Deer License Tags: 
1. Deer Tag Classification 
a. Premium Deer Hunt Tags shall include all deer hunt tags where the tag quota filled on or before the first business day after July 1 in the immediately preceding license year. 
b. Restricted Deer Hunt Tags shall include all non-Premium deer hunt tags where the tag quota filled on or before the first business day after August 1 in the immediately preceding license year. 
c. Unrestricted Deer Hunt Tags shall include all deer hunt tags where the tag quota did not fill on or before the first business day after August 1 in the immediately preceding license year. 
d. The department may designate the deer tag classification for any deer hunt that was not held in the previous year. 
2. Premium deer hunt tags shall be distributed by drawing, as described in Section 708.14, unless otherwise authorized. Applicants may apply through the department's Automated License Data System terminals at any department license agent or department license sales office. Applications must be received by the department by June 2. Successful applicants will be selected by drawing within 10 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible. Successful and unsuccessful applicants will be notified by mail. 
3. Except as noted in Section 708.3, deer tags for any restricted deer hunt tag or any unrestricted deer hunt tag and premium tags leftover after the drawing shall be issued upon request until each tag quota fills. 
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 1050, 1572, 4331, 4336 and 10502, Fish and Game Code. Reference: Sections 200, 201, 202, 203, 203.1, 207, 210, 215, 219, 220, 1050, 1570, 1571, 1572, 3950, 4330, 4331, 4332, 4333, 4336, 10500 and 10502, Fish and Game Code. 
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.2. Big Game Deer License Tags Issuance and Deer Tag Drawing Application Procedures.
Note     •     History

(a) Deer Tag Issuance and Deer Tag Drawing Application Procedures: 
(1) Except for permits and deer tags issued pursuant to sections 4181.5, 4188, and 4334 of the Fish and Game Code, individuals may request deer tags and submit deer tag drawing applications at department license agents and department license sales offices. 
(2) Applicants shall be at least 12 years of age on or before July 1 of the license year for which they are applying or at the time of application if they are applying after July 1 and possess an annual California hunting license valid for the deer hunting season for which they are applying. Applicants for apprentice hunts shall possess an annual junior hunting license for the deer hunting season for which they are applying.
(3) Incomplete, incorrect, late or ineligible applications will not be accepted. 
(b) Application Fee: The department shall require that the specified fee for a deer tag, as specified in Section 4332 of the Fish and Game Code, be paid as a prerequisite to obtaining a deer tag or tag drawing application. In addition to the tag fee, the department shall also charge a processing fee, as specified in Section 702, for each deer license tag application. Deer license tag processing fees are not refundable. Deer license tag fees are not refundable once a deer tag application has been entered into the big game drawing or a deer tag has been issued regardless of closures of any zone or hunt due to fire, weather or other natural disasters. The department may only refund deer tag license fees under the following provisions: 
(1) The difference between the fee paid for a nonresident deer license tag application and a resident deer license tag application may be refunded for any nonresident deer tag application for which a deer tag was not issued. 
(2) The department may refund the difference between the fee paid for a nonresident deer tag license application and a resident deer tag license application for any nonresident tag issued if all of the following conditions are met: 
(A) The deer license tag is not a premium tag. 
(B) The deer license tag is returned prior to the earliest opening date for the hunt. 
(C) The tag quota has not been filled for the hunt. 
(D) Request for refunds shall be submitted on or before March 1 of the license year to the department's License and Revenue Branch,1740 N. Market Blvd., Sacramento, CA 95834 If the deadline to submit the request for refund falls on a weekend or holiday requests will be accepted until the close of business on the first state business day following the deadline to submit the request.
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 1050, 1572, 4331, 4336 and 10502, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 210, 215, 219, 220, 713, 1050, 1570, 1571, 1572, 3950, 4330, 4331, 4332, 4333, 4336, 10500 and 10502, Fish and Game Code. 
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.3. Big Game Deer License Tags.
Note     •     History

(a) Application Restrictions: 
(1) First-Deer Tag Applicant or First-Deer Tag Drawing Applicants: 
(A) Any person may use a first-deer tag drawing application to apply for any premium deer hunt tag issued by drawing as specified in section 708.1. Applicants shall not submit more than three choices for deer hunts per deer tag drawing application per license year.
(B) First-deer license tag applicants may apply for any unrestricted deer hunt tag. Tags shall be issued upon request to first-deer tag applicants until the tag quota for the hunt is filled. 
(C) First-deer license tag applicants may apply for any restricted deer hunt tag provided they have not been issued a premium or restricted hunt as a second deer license tag. Tags shall be issued upon request to first deer license tag applicants until the tag quota for the hunt is filled. 
(D) First-deer license tag applicants may apply for any premium deer hunt tag remaining on July 2 provided they have not been issued a premium or restricted hunt as a second deer license tag. Applicants may apply through the department's Automated License Data System terminals at any department license agent or department license sales office beginning at 8:00 AM on July 2 each year. Premium deer hunt tags remaining on July 2 shall be issued upon request to first deer license tag applicants until the tag quota for the hunt is filled.
(E) First-deer license tag applicants may apply for any premium or restricted deer hunt tag remaining on August 2 regardless of whether or not they have been issued a premium or restricted hunt as a second-deer license tag. Applicants may apply through the department's Automated License Data System terminals at any department license agent or department license sales office beginning at 8:00 a.m. on August 2 each year. Premium deer hunt tags remaining on August 2 shall be issued upon request until the tag quota for the hunt is filled. 
(2) Second-Deer License Tag Applicant or Second-Deer License Tag Drawing Applicants: 
(a) Second-deer license tag applicants may apply for any unrestricted deer hunt tag. Tags shall be issued upon request to second-deer license tag applicants until the tag quota for the hunt is filled. 
(b) Second-deer license tag applicants may apply for any restricted deer hunt tag provided they have not been issued a premium or restricted hunt as a first-deer license tag and they do not have a pending drawing application. Tags shall be issued upon request to second-deer license tag applicants until the tag quota for the hunt is filled. 
(c) Any second-deer license tag applicant may apply for any premium or restricted deer hunt tag remaining on August 2 each year. Applicants may apply through the department's Automated License Data System terminals at any department license agent or department license sales office beginning at 8:00 a.m. on August 2 each year. Restricted deer hunt tags remaining on August 2 each year shall be issued upon request to second-deer license tag applicants until the tag quota for the hunt is filled. 
(d) Any applicant less than 16 years of age as of July 1 of the license year for which they are applying, who has not used a first-deer license tag drawing application to apply for an additional apprentice hunt, may use a second-deer license tag drawing application to apply for an additional apprentice hunt tag issued by drawing as specified in sections 708.1 and 708.14. An apprentice hunter may not submit more than one application for additional apprentice hunts.
(e) No person shall submit more than one first-deer license tag application and one second-deer license tag application to the department during any one license year. Any person in violation of this subsection may be denied deer license tags for the current and following license year. 
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 1050, 1572, 4331, 4336, 4340 and 10502, Fish and Game Code. Reference: Sections 201, 202, 203, 203.1, 207, 210, 215, 219, 220, 713, 1050, 1570, 1571, 1572, 3950, 4330, 4331, 4332, 4333, 4340, 10500 and 10502, Fish and Game Code.
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.4. Deer License Tag Exchange Fee.
Note     •     History

The department shall not exchange any deer license tag for a different zone or hunt after the tag quota for the original tag zone or hunt fills for the season. The department shall not exchange a tag if the earliest season (either archery or general) for the tag being exchanged has opened. The department shall charge a nonrefundable processing fee, as specified in Section 702, for exchanging a deer license tag for a different zone or hunt. Applicants may apply at any department license sales office to exchange a deer license tag.
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 1050, 1572, 4331 and 10502, Fish and Game Code. Reference: Sections 200, 201, 202, 203, 203.1, 207, 210, 215, 219, 220, 713, 1050, 1570, 1571, 1572, 3950, 4330, 4331, 4332, 4333, 10500 and 10502, Fish and Game Code. 
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.5. Deer Tagging and Reporting Requirements.
Note     •     History

(a) Upon the killing of any deer the tag holder shall immediately fill out all portions of the tag including the report card completely, legibly, and permanently, and cut out or punch out and completely remove notches or punch holes for the month and date of the kill. The deer license tag shall be attached to the antlers of an antlered deer or to the ear of any other deer and kept attached during the open season and for 15 days thereafter. Except as otherwise provided, possession of any untagged deer shall be a violation. (Refer to Fish and Game Code, Section 4336). 
(b) Every person to whom a deer license tag is issued shall return the completed report card portion to the department within thirty days of taking a deer. 
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 1050, 1572, 4336, 4340 and 10502, Fish and Game Code. Reference: Sections 200, 201, 202, 203, 203.1, 207, 210, 215, 219, 220, 1050, 1570, 1571, 1572, 3950, 4336, 10500 and 10502, Fish and Game Code. 
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.6. Tag Validation, Countersigning and Transporting Requirements.
Note     •     History

(a) Any person legally killing a deer in this state shall have the deer license tag validated and countersigned by a person authorized by the commission as described below before transporting such deer, except for the purpose of taking the deer to the nearest person authorized to countersign the license tag, on the route being followed from the point where the deer was taken (refer to Fish and Game Code, Section 4341). 
(b) No person may validate or countersign his/her own deer tag or tag. 
(c) Deer and Elk Tags, Persons Authorized to Validate. 
(1) The following persons are authorized to validate or countersign deer and elk tags: 
(A) State: 
1. Fish and Game Commissioners 
2. Employees of the Department of Fish and Game, including Certified Hunter Education Instructors
3. Employees of the California Department of Forestry and Fire Protection
4. Supervising Plant Quarantine Inspectors 
5. Junior, Intermediate and Senior Plant Quarantine Inspectors 
(B) Federal: 
1. Employees of the Bureau of Land Management
2. Employees of the United States Forest Service
3. Employees of the United States Fish & Wildlife Service
4. All Uniformed Personnel of the National Park Service
5. Commanding Officers of any United States military installation or their designated personnel for deer taken on their reservation. 
6. Postmasters & Post Office Station or Branch Manager for deer brought to their post office.
(C) Miscellaneous: 
1. County firemen at and above the class of foreman for deer brought into their station. 
2. Judges or Justices of all state and United States courts. 
3. Notaries Public 
4. Peace Officers (salaried & non-salaried)
5. Officers authorized to administer oaths 
6. Owners, corporate officers, managers or operators of lockers or cold storage plants for deer brought to their place of business. 
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 332, 1050, 1572, 4302, 4331, 4336, 4340, 4341 and 10502, Fish and Game Code. Reference: Sections 200, 201, 202, 203, 203.1, 207, 210, 215, 219, 220, 332, 1050, 1570, 1571, 1572, 3950, 4302, 4330, 4331, 4332, 4333, 4336, 4340, 4341, 10500 and 10502, Fish and Game Code. 
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.7. Deer Head Retention Requirements and Production Upon Demand.
Note     •     History

Any person taking any deer in this state shall retain in their possession during the open season thereon and for 15 days thereafter, that portion of the head which in adult males normally bears the antlers, and shall produce the designated portion of the head upon the demand of any officer authorized to enforce the provisions of this regulation (refer to Fish and Game Code, Section 4302). 
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 1050, 1572, 4302, 4336 and 10502, Fish and Game Code. Reference: Sections 200, 201, 202, 203, 203.1, 207, 210, 215, 219, 220, 1570, 1571, 1572, 3950, 4302, 4330, 4331, 4332, 4333, 4336, 4340, 4341, 10500 and 10502, Fish and Game Code. 
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.8. Deer Violations, Tag Forfeiture.
Note     •     History

Any person who is convicted of a violation involving deer shall forfeit their current year deer license tags and no new deer license tags may be issued to that person during the then current hunting license year, and that person may not apply for a deer license tag or deer preference points for the following license year (refer to Fish and Game Code, Section 4340). 
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 1572, 4302, 4331, 4336, 4340, 4341 and 10502, Fish and Game Code. Reference: Sections 200, 201, 202, 203, 203.1, 207, 210, 215, 219, 220, 1050, 1570, 1571, 1572, 3950, 4302, 4330, 4331, 4332, 4333, 4336, 4340, 4341, 10500 and 10502, Fish and Game Code. 
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.9. Bighorn Sheep License Tags, Application, Distribution and Reporting Procedures.
Note     •     History

(a) Fund-raising Nelson bighorn ram license tags: 
Fund-raising license tags for the taking of mature Nelson bighorn rams shall be sold for the purpose of raising funds to manage bighorn sheep. The department may designate a nonprofit organization to sell this fund-raising tag. The department may conduct a random drawing to distribute fund-raising tags. Any resident or nonresident is eligible to buy the tag. The sale price of a fund-raising license tag shall include the fee for processing and issuing an annual hunting license for the purchaser or any person designated by the purchaser. A fund-raising license tag distributed through a department random drawing does not include the fee for processing and issuing an annual hunting license. The purchasers of fund-raising license tags shall complete a required hunter orientation program conducted by the department and meet the hunter education requirements for a hunting license. The fund-raising license tags are defined as follows: 
(1) Open-zone fund-raising license tags: These fund-raising license tags are valid in any of the areas described in subsection 362(a). 
(b) General Nelson bighorn ram license tags: 
(1) The general Nelson bighorn ram license tags shall be issued by drawing, as described in Section 708.14.
(2) Applicants shall apply, and pay a nonrefundable processing fee as specified in Section 702, through the department's Automated License Data System terminals at any department license agent or department license sales office on or before June 2 each year. 
(3) Applicants shall be California residents or nonresidents, at least 16 years of age on or before July 1 of the license year for which they are applying
(4) Applicants shall possess an annual California hunting license that is valid during the bighorn ram season for which they are applying.
(5) Applicants shall not have been awarded a Nelson bighorn ram license tag in the department's big game drawing.
(6) Applicants shall apply for only one designated zone. 
(7) No applicant shall submit more than one application per license year. 
(8) Incomplete, late and ineligible applications and applications submitted without the appropriate processing fee will not be included in the drawing and the applicant will not earn a preference point. 
(9) Successful applicants and a list of alternates for each zone shall be determined by drawing within 10 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible. 
(10) Not more than one nonresident shall be selected to receive a general license tag each year.
(11) Unsuccessful applicants shall not be notified by mail. Successful applicants will be mailed notification as soon as practical. Upon receipt of the notification, the applicant shall submit the appropriate tag fee, as specified in Section 702, through the department's Automated License Data System terminals at the department's License and Revenue Branch. The tag fee shall be received by the department by 5:00 p.m. on July 15 each year. If the deadline to submit the fee falls on a weekend or holiday payment will be accepted until the close of business on the first state business day following the deadline to submit payment.
(12) Should the quota for each zone remain unfilled after that date, the alternate lists shall be used. Successful applicants shall be issued tags only after successfully completing the required hunter orientation program conducted by the department. 
(c) Tagholder Responsibilities: 
(1) Only persons possessing valid Nelson bighorn sheep license tags are entitled to hunt bighorn sheep. Tags shall not be transferable and are valid only in the zone or zones specified. 
(2) Individuals awarded a fund-raising license tag and all successful applicants for general license tags shall attend and successfully complete a mandatory hunter orientation program. Licensed guides employed by successful applicants and the fund-raising license tag buyer shall accompany their clients to this orientation program. 
(3) All successful bighorn sheep tag holders shall have their tags validated. All tags shall be returned to the department within 10 days after the close of the season, even though the tagholder may not have killed a Nelson bighorn ram. 
(4) Upon the killing of any bighorn sheep, the tag holder shall immediately fill out all portions of the tag including the report card completely, legibly, and permanently, and cut out or punch out and completely remove notches or punch holes for the month and date of the kill. License tags shall be attached to the carcass of a bighorn ram immediately after the animal is killed.
(5) All tag holders will be notified by mail as to whether they will be required to report to the department before hunting and upon completion of hunting. The notification shall contain procedures for reporting, including appropriate methods of contacting the department. 
(6) The tagholder shall surrender his tag to an employee of the department for any or all of the following reasons: 
(A) Any act on the part of the tagholder which violates any of the provisions of the Fish and Game Code, or any regulations of the commission. 
(B) Any act on the part of the tagholder which endangers the person or property of others. The decision of the department in such respects shall be final and binding upon the tagholder. 
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 331, 332, 1050, 1572, 4302 and 10502, Fish and Game Code. Reference: Sections 200, 201, 202, 203, 203.1, 207, 210, 215, 219, 220, 331, 332, 713, 1050, 1570, 1571, 1572, 3950, 3951, 4302, 4902, 10500 and 10502, Fish and Game Code. 
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.10. Pronghorn Antelope License Tags, Application, Distribution and Reporting Procedures.
Note     •     History

(a) Fund-raising buck pronghorn antelope license tags: 
Fund-raising license tags for the taking of buck pronghorn antelope shall be offered for sale for the purpose of raising funds for the management of pronghorn antelope. The department may conduct a random drawing to distribute fund-raising tags. Any resident or nonresident is eligible to buy one of the fund-raising license tags. The sale price of a fund-raising license tag includes the fee for processing and issuing an annual hunting license for the purchaser or any person designated by the purchaser. A fund-raising license tag distributed through a department random drawing does not include the fee for processing and issuing a hunting license. The purchasers shall be issued the fund-raising license tag only after meeting the hunter education requirements for a hunting license. 
(b) Distribution of pronghorn antelope license tags: 
(1) Applicants shall apply, and pay a nonrefundable processing fee as specified in Section 702, through the department's Automated License Data System terminals at any department license agent or department license sales office on or before June 2 each year. 
(2) Applicants shall be California residents or nonresidents, at least 12 years of age on or before July 1 of the license year for which they are applying. Applicants for the apprentice pronghorn antelope hunts shall be less than 16 years of age as of July 1 of the license year for which they are applying. Applicants shall possess an annual California hunting license that is valid during the pronghorn antelope season for which they are applying.
(3) Up to two residents may apply together as a party. Nonresidents may not apply as a party. 
(4) Applicants shall apply for only one designated zone pursuant to Section 363. 
(5) No applicant shall submit more than one application per license year for a pronghorn antelope license tag. 
(6) Incomplete, late and ineligible applications and applications submitted without the appropriate processing fee will not be included in the drawing and the applicant will not earn a preference point. 
(7) Successful applicants and a list of alternates for each zone shall be determined by drawing within 10 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible. 
(8) Not more than one nonresident shall be selected to receive a general license tag each year.
(9) Unsuccessful applicants shall not be notified by mail. Successful applicants will be mailed notification as soon as practical. Upon receipt of the notification, the applicant shall submit the appropriate tag fee, as specified in Section 702, through the department's Automated License Data System terminals at any department license sales office. The tag fee shall be received by the department by 5:00 p.m. on July 15 each year. If the deadline to submit the fee falls on a weekend or holiday payment will be accepted until the close of business on the first state business day following the deadline to submit payment.
(10) Should the quota for each zone remain unfilled after that date, the alternate lists shall be used. Any tags unclaimed by successful applicants after that date shall be awarded to alternates for that zone, on an individual basis, in the order drawn.
(c) Tagholder Responsibilities: 
(1) Only persons possessing valid pronghorn antelope license tags are entitled to hunt pronghorn antelope. Tags shall not be transferable and are valid only in the area, season, and period specified on the tag. 
(B) All tag holders shall return the report card portion of their license tag to the department within one week after the close of the pronghorn antelope season, even though the tagholder may not have killed a pronghorn antelope. 
(C) The holder of a pronghorn antelope license tag, after killing a pronghorn antelope, shall immediately fill out all portions of the tag including the report card completely, legibly, and permanently, and cut out or punch out and completely remove notches or punch holes for the month and date of the kill. The tag portion shall be immediately attached to a horn of buck pronghorn antelope or to an ear of doe pronghorn antelope and kept attached for 15 days after the close of the open season. 
(D) The tagholder shall surrender his license tag to an employee of the department for any of the following reasons: 
1. Any act on the part of the tagholder which violates any of the provisions of the Fish and Game Code, or any regulations of this commission. 
2. Any act on the part of the tagholder which endangers the person or property of others. The decision of the department in such respects shall be final and binding upon the tagholder. 
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 331, 1050, 1572, 4302 and 10502, Fish and Game Code. Reference: Sections 200, 201, 202, 203.1, 207, 210, 215, 219, 220, 331, 713, 1050, 1570, 1571, 1572, 3950, 10500 and 10502, Fish and Game Code. 
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.11. Elk License Tags, Application, Distribution and Reporting Procedures.
Note     •     History

(a) Fund-raising elk license tags:
(1) Three fund-raising license tags for the taking of elk bulls shall be offered for sale to raise funds for the management of elk. The department may designate a nonprofit organization or organizations to sell the fund-raising tags. The department may conduct a random drawing to distribute fund-raising tags. Any resident or nonresident is eligible to buy one of the license tags. The sale price of a fund-raising license tag includes the fee for processing and issuing an annual hunting license for the purchaser or any person designated by the purchaser. A fund-raising license tag distributed through a department random drawing does not include the fee for processing and issuing a hunting license. The purchasers of fund-raising tags shall complete required hunter orientation programs conducted by the department and meet the hunter education requirements for a hunting license. 
(b) Distribution of elk license tags
(1) Applicants shall apply, and pay a nonrefundable processing fee as specified in Section 702, through the department's Automated License Data System terminals at any department license agent or department license sales office on or before June 2 each year. 
(2) Applicants shall be California residents or nonresidents, at least 12 years of age on or before July 1 of the license year for which they are applying. Applicants for the apprentice elk hunts shall be less than 16 years of age as of July 1 of the license year for which they are applying. Applicants shall possess an annual California hunting license that is valid during the elk season for which they are applying.
(3) Up to two residents may apply together as a party. Nonresidents may not apply as a party.
(4) Applicants shall apply for only one designated zone pursuant to Section 364. 
(5) No applicant shall submit more than one application per license year for an elk license tag. 
(6) Incomplete, late and ineligible applications and applications submitted without the appropriate processing fee will not be included in the drawing and the applicant will not earn a preference point. 
(7) Successful applicants and a list of alternates for each zone shall be determined by drawing within 10 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible. 
(8) Not more than one nonresident shall be selected to receive a general license tag each year.
(9) Unsuccessful applicants shall not be notified by mail. Successful applicants will be mailed notification as soon as practical. Upon receipt of the notification, the applicant shall submit the appropriate tag fee, as specified in Section 702, through the department's Automated License Data System terminals at any department license sales office. The tag fee shall be received by the department by 5:00 p.m. on July 15 each year. If the deadline to submit the fee falls on a weekend or holiday payment will be accepted until the close of business on the first state business day following the deadline to submit payment.
(10) Should the quota for each zone remain unfilled after that date, the alternate lists shall be used. Any tags unclaimed by successful applicants after that date shall be awarded to alternates for that zone, on an individual basis, in the order drawn.
(c) Tagholder Responsibilities: 
(1) All tag holders shall return their license tags to the department within one week after the close of the elk season, even though the tagholder may not have killed an elk. 
(2) Upon the killing of any elk, the tag holder shall immediately fill out all portions of the tag including the report card completely, legibly, and permanently, and cut out or punch out and completely remove notches or punch holes for the month and date of the kill. License tags shall be attached to the antler of an antlered elk, or to the ear of antlerless elk immediately after killing. 
(3) Persons authorized to validate or countersign elk tags are listed in subsection 708.6(c). Elk tags shall be countersigned before transporting such elk, except for the purpose of taking it to the nearest person authorized to countersign the license tag on the route being followed from the point where the elk is taken. 
(4) Only persons possessing valid elk license tags are entitled to take elk. Tags are not transferable and are valid only for the area and period specified. 
(5) The tagholder shall surrender his tag to an employee of the department for any or all of the following reasons: 
(A) Any act on the part of the tagholder which violates any of the provisions of the Fish and Game Code, or any regulations of the commission made pursuant thereto. 
(B) Any act on the part of the tagholder which endangers the person or property of others. The decision of the department shall be final. 
(d) Elk may be taken on Santa Rosa Island pursuant to a permit issued by the department. For methods of take, see sections 353 and 354. 
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 332, 1050, 1572 and 10502, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 210, 215, 219, 220, 332, 713, 1050, 1570, 1571, 1572, 3950, 3951, 10500 and 10502, Fish and Game Code. 
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.12. Bear License Tags.
Note     •     History

(a) Bear License Tags: 
(1) With the exception of permits and tags issued pursuant to section 4181 of the Fish and Game Code, all bear license tags shall be available to the public through the department's Automated License Data System terminals at any department license agent or department license sales office. 
(2) The department shall require that the specified fee provided for in section 4751 of the Fish and Game Code for such bear license tags be paid as a prerequisite to obtaining a bear license tag. 
(3) The department shall charge a nonrefundable processing fee, as specified in Section 702, for each bear license tag. 
(4) Applicants may purchase only one bear license tag during any one license year. Any person who purchases more than one bear license tag may be denied bear license tags for the current license year. 
(5) Upon the killing of any bear, that person shall immediately fill out all portions of the tag including the report card completely, legibly, and permanently, and cut out or punch out and completely remove notches or punch holes for the month and date of the kill. The bear license tag shall be attached to the ear of the bear and kept attached during the open season and for 15 days thereafter.
(b) Use of Guides: Any holder of a bear license tag who utilizes the services of a guide or guides shall verify that the guide is in possession of a valid guide's license and shall place the guide's license number on the bear license tag in the space provided. 
(c) Use of Dogs: Any holder of a bear license tag who utilizes dogs to take bear shall so indicate on his bear license tag in the space provided. 
(d) Validation of Bear Tags: 
Only department employees may validate bear license tags (This provision supersedes section 4755 of the Fish and Game Code). Bear license tags shall be countersigned before transporting such bear except for the purpose of taking it to the nearest person authorized to countersign the license tag, on the route being followed from the point where the bear is taken. 
(e) Return of Bear License Tags: 
(1) Every person who takes a bear shall immediately return the report card portion of the bear license tag, after having the tag countersigned as required in (d) above. The tag may be presented to a department office/officer or returned through the United States Mail. 
(2) Every person who is unsuccessful in taking bear shall return the report card portion of the bear license tags by February 1 of the current license year. The tag may be presented to a department office/officer or returned through the United States Mail. 
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 1050, 1572 and 10502, Fish and Game Code. Reference: Sections 200, 201, 202, 203, 203.1, 207, 210, 215, 219, 220, 713, 1050, 1570, 1571, 1572, 3950, 4750, 4751, 4752, 4753, 4754, 4755, 4756, 10500 and 10502, Fish and Game Code.
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.13. Wild Pig License Tags.
Note     •     History

(a) Any person, 12 years of age or older, who possesses a valid annual California hunting license may procure wild pig license tags as specified in Section 4654 of the Fish and Game Code through the department's Automated License Data System terminals at any department license agent or department license sales office. 
(b)Wild pig license tags are valid only during that portion of the current hunting license year in which wild pigs may be legally harvested as provided in subsection 368(a). 
(c) Any person hunting wild pigs shall carry a wild pig license tag while hunting wild pigs. Upon the killing of any pig, the tag holder shall immediately fill out all portions of the tag including the report card completely, legibly, and permanently, and cut out or punch out and completely remove notches or punch holes for the month and date of the kill. The pig license tag shall be attached to the carcass of the wild pig. The report card portion shall be immediately returned to the department. 
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220,1050, 1572, 4331 and 10502, Fish and Game Code. Reference: Sections 200, 201, 202, 203, 203.1, 207, 210, 215, 219, 220, 1050, 1570, 1571, 1572, 3950, 4652, 4653, 4654, 4655, 4657, 10500 and 10502, Fish and Game Code.
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.14. Big Game License Tag Drawing System.
Note     •     History

(a) General Conditions 
(1) Except as otherwise provided, the department shall award license tags for premium deer, bighorn sheep, elk and pronghorn antelope hunts, as described in sections 360(b) and (c), 361, 362, 364 and 363, using a Modified-Preference Point drawing system. 
(2) Except as otherwise provided, the Modified-Preference Point drawing system shall award proportions of hunt tag quotas, as specified for each species, using the following drawing methods: 
(A) Preference Point Drawings. Tags are awarded based on the following order of priority: an applicant's hunt choice (first choice only for deer), accumulated point totals by species (highest to lowest), and computer-generated random number (lowest to highest). 
(B) Draw-By-Choice Drawings. Tags are awarded according to an applicant's hunt choice and computer-generated random number (lowest to highest), without consideration of accumulated points. 
(3) Except as otherwise provided, applicants unsuccessful in receiving a tag for premium deer (based on first choice selection), bighorn sheep, elk or pronghorn antelope hunts shall earn one (1) preference point for use in future Big Game Drawings. 
(4) To earn and accumulate a point for any species, a person shall comply with all application requirements for that species as specified in sections 708.1, 708.9, 708.10 and 708.11 including the following conditions: 
(A) Applicants for premium deer license tags, pronghorn antelope license tags, or elk license tags shall be at least 12 years of age on or before July 1 of the license year for which they are applying.
(B) Applicants for Nelson big horn sheep license tags shall be at least 16 years of age on or before July 1 of the license year for which they are applying.
(C) Applicants shall possess a valid annual California hunting license valid for the hunting season requested. 
(D) Applications for bighorn sheep, pronghorn antelope and elk hunts shall include the appropriate nonrefundable processing fees as specified in Section 702. 
(E) Any applicant shall apply for a premium deer license tag, bighorn sheep license tag, pronghorn antelope license tag and elk license tag through the department's Automated License Data System terminals at any department license agent or department license sales office by June 2 each year.
(F) Each applicant who submits a premium license tag, as noted in (E) above, through the department's Automated License Data System terminals at department license agents and department license sales offices shall receive a “big game drawing receipt” printed from the terminal. The receipt shall contain the customer's name and permanent identification number, proof of entry into the big game drawing for the license year, hunt choices for each species, accumulated preference points for each species, and Party Identification Number. 
(G) Except for apprentice deer hunt applicants, applicants shall not submit more than one drawing application for each species during the same license year. 
(b) Party Applications, Residency
(1) No more than six persons shall apply together as a party for premium deer license tags. Applicants for premium deer license tags may be residents or nonresidents.
(2) No more than two residents shall apply together as a party for elk license tags. Nonresidents shall not apply as a party for elk license tags. 
(3) No more than two residents shall apply together as a party for pronghorn antelope license tags. Nonresidents shall not apply as a party for pronghorn antelope license tags.
(4) Applicants shall not apply as a party for bighorn sheep license tags.
(5) Each year upon application, each applicant shall specify if the applicant is applying as an individual, a party leader or joining an existing party. 
(6) Applicants applying as an individual or as a party leader shall be assigned a Party Identification Number from the department's Automated License Data System terminal at the time of application each year. Applicants shall be assigned a Party Identification Number for each species.
(7) To apply as a party, the party leader shall apply first and provide his/her assigned Party Identification Number to the other party members. 
(8) Applicants joining an existing party shall provide the Party Identification Number of the party leader when he/she applies to join the party.
(9) Applicants joining a party shall be assigned the same tag choices in the same order of preference as the party leader. 
(10) All party members shall be awarded tags according to the choices selected by the party leader. 
(c) No applicant shall earn more than one (1) preference point per species, per drawing, for use in future drawings. Preference points are accumulated by species and shall not be transferred to another species or another person. Preference points are not zone or hunt specific. 
(d) Except as otherwise provided, successful applicants receiving tags for their first choice premium deer, bighorn sheep, elk or pronghorn antelope hunts shall lose all preference points for that species. 
(e) For party applications, the department shall use the average preference point value of all party members (total preference points for the party divided by number of party members) as the basis for consideration in the drawing for that species. Point averages shall not be rounded. 
(f) Except as otherwise provided, persons who do not wish to apply for an antelope, elk, bighorn sheep or premium deer tags, may earn one (1) preference point for any or all of these species, by submitting the appropriate application(s), as specified in sections 708.1, 708.9, 708.10 and 708.11, and selecting the point code number for that species, as defined by the department, as the hunt choice (first choice only for deer) through the department's Automated License Data System terminals at any department license agent or department license sales office. Persons applying for a preference point in this manner shall be subject to the same application requirements as regular drawing applicants as specified in subsection 708.14. 
(g) The department shall maintain records of preference points earned by individual applicants based on the identification number assigned to each customer by the department's Automated License Data System. The customer's identification number, Get Outdoors ID (GO ID) will be printed on each drawing receipt issued by the Automated License Data System. Applicants shall notify the department's License and Revenue Branch in Sacramento in writing, of any changes or corrections regarding name, mailing address, or date of birth.
(h) Persons not applying for premium deer, bighorn sheep, elk, or pronghorn antelope hunts through the department's Big Game Drawings for five (5) consecutive years shall have their preference points for that species reduced to zero (0). For the purposes of this subsection, persons whose applications are disqualified from drawing shall be considered the same as persons not applying. Applying for preference points as described in (f) above, will keep an applicant's file active. 
(i) Any person may appeal incomplete, late and ineligible applications or applications submitted without the appropriate processing fee that were not included in the department's big game drawing and the hunter did not earn a preference point. The appeal shall be in writing and describe the basis for the appeal. The appeal shall be received by the department's License and Revenue Branch in Sacramento, or if mailed, postmarked on or before May 31 of the following year. The department, upon consideration of the appeal, may grant the appeal and award one preference point to the appellant. If the department grants the appeal for a preference point, the appellant shall pay all the applicable fees. The department shall not award a preference point unless the appellant pays all the applicable fees. 
(j) Any applicant who was drawn for the applicant's first deer tag choice in the big game drawing and can not hunt for any reason may submit a written request to retain the accumulated preference point total and earn one preference point for deer for that year. Applicants shall return the tag to the department's License and Revenue Branch before the season starts for which the tag is valid for the department to consider the request. If the request is granted the applicant shall retain the preference point total the applicant accumulated prior to the big game drawing and earn one preference point for deer. The department shall not refund the fees paid for a resident deer tag application. The department may refund the difference between the fee paid for a nonresident deer tag application and a resident deer tag application for any nonresident. 
(k) Any applicant who was awarded an elk, antelope, or big horn sheep tag in the big game drawing and can not hunt for any reason may submit a written request to retain the accumulated preference point total and earn one preference point for elk, antelope or big horn sheep for that year. Applicants shall return the tag to the department's License and Revenue Branch before the season starts for which the tag is valid for the department to consider the request. The applicant shall submit the nonrefundable processing fee specified in Section 702 with the request. If the request is granted the applicant shall retain the preference point total the applicant accumulated prior to the big game drawing and earn one preference point for elk, antelope or big horn sheep. The department may refund the tag fee. 
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 331, 332, 1050, 1572, 4302, 4331, 4336, 4340, 4341 and 10502, Fish and Game Code. Reference: Sections 200, 201, 202, 203, 203.1, 207, 210, 215, 219, 220, 331, 332, 713, 1050, 1570,1571,1572, 3950, 3951, 4302, 4330, 4331, 4332, 4333, 4336, 4340, 4341, 4902, 10500 and 10502, Fish and Game Code.
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.15. Tag Quotas for Big Game License Tags Issued in Annual Drawing.
Note     •     History

(a) Premium Deer Hunts 
(1) Except for apprentice deer hunt applicants, as specified in Section 708.2, applicants shall apply via first-deer tag for premium deer hunts with the department's Big Game Drawing through the department's Automated License Data System terminals at any department license agent or department license sales office.
(2) Party deer tag drawing applications for premium deer hunts shall not be split to meet the tag quota if the number of party members exceeds the number of available tags. Party applications which exceed the number of available tags shall be bypassed until the tag quota is reached.
(3) License tags for premium deer hunts (except apprentice deer hunts) shall be awarded based on the following: 
(A) Ninety percent (90%) of the individual zone or hunt tag quota shall be awarded using a Preference Point drawing. Tag quota splits resulting in decimal fractions of a tag shall be rounded to the next higher whole number. 
(B) Ten percent (10%) of the individual zone or hunt tag quota shall be awarded using a Draw-By-Choice drawing. Tag quota splits resulting in decimal fractions of a tag shall be rounded to the next lower whole number. 
(C) For zones or hunts with quotas less than ten (10) tags, one (1) tag shall be awarded using a Draw-By-Choice drawing. Remaining tags shall be awarded using a Preference Point drawing. 
(D) Tags awarded to applicants for second or third choice zones or hunts shall be through a Draw-By-Choice drawing and shall not result in loss of accumulated points. 
(E) License tags for apprentice deer hunts (J Hunts) as described in subsection 360(c) shall be awarded based on the following: 
1. Fifty percent (50%) of the hunt tag quota shall be awarded through a Preference Point drawing. Tag quota splits resulting in decimal fractions of a tag shall be rounded to the next higher whole number. 
2. Fifty percent (50%) of the hunt tag quota shall be awarded through a Draw-By-Choice drawing. Tag quota splits resulting in decimal fractions of a tag shall be rounded to the next lower whole number. 
(F) An apprentice hunter applying for premium deer hunts (X zones, Area-specific archery hunts, and additional hunts) on a first-deer tag application and a second-deer tag application shall: 
1. Receive a point only if he/she is unsuccessful in the big game drawing with his/her first choice on both applications. 
2. Lose all preference points for deer if he/she receives his/her first choice on either application. 
(b) Bighorn Sheep Hunts 
(1) Successful bighorn sheep tag applicants shall be determined as follows, based on tag quotas for each hunt. 
(A) For quotas of one, the tag shall be awarded using a Draw-By-Choice drawing. 
(B) For quotas of two, one tag shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing. 
(C) For quotas of three, two tags shall be awarded using a Preference Point Drawing, and one tag shall be awarded using a Draw-By-Choice drawing. 
(D) For quotas of four or more, seventy-five percent (75%) of the quota shall be awarded using a Preference Point drawing. Any resulting fractional tag shall be rounded to the next higher whole number. The remaining portion of the quota shall be awarded using a Draw-By-Choice drawing. 
(2) Alternates shall be selected for each hunt using a Preference Point Drawing. Alternate selection shall be limited to resident applicants.
(c) Elk Hunts 
(1) Successful elk tag applicants shall be determined as follows, based on tag quotas for each hunt or hunt period. 
(A) For quotas of one, the tag shall be awarded using a Draw-By-Choice drawing. 
(B) For quotas of two, one tag shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing. 
(C) For quotas of three, two tags shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing. 
(D) For quotas of four or more, seventy-five percent (75%) of the quota shall be awarded using a Preference Point drawing. Any resulting fractional tag shall be rounded to the next higher whole number. The remaining portion of the quota shall be awarded using a Draw-By-Choice drawing. 
(2) Party applications drawn for the last tag available through the Preference Point drawing for a hunt will be split and the party leader (first of the party members to apply) shall be awarded the elk license tag. The party member shall become the first alternate for that hunt. Party applications shall not be split to fill the last tag available through the Draw-By-Choice drawing. In the event only one elk license tag is available to an alternate, party applications will be split and the alternate tag shall be awarded to the party leader.
(3) Alternates shall be selected for each hunt or hunt period using a Preference Point drawing. Alternate selection shall be limited to resident applicants.
(d) Pronghorn Antelope Hunts 
(1) Successful pronghorn antelope tag applicants shall be determined as follows, based on tag quotas for each hunt or hunt period. 
(A) For quotas of one, the tag shall be awarded using a Draw-By-Choice drawing. 
(B) For quotas of two, one tag shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing. 
(C) For quotas of three, two tags shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing. 
(D) For quotas of four or more, seventy-five percent (75%) of the quota shall be awarded using a Preference Point drawing. Any resulting fractional tag shall be rounded to the next higher whole number. The remaining portion of the quota shall be awarded using a Draw-By-Choice drawing. 
(2) Party applications drawn for the last tag available through the Preference Point drawing for a hunt will be split and the party leader (first of the party members to apply) shall be awarded the pronghorn antelope license tag. The party member shall become the first alternate for that hunt. Party applications shall not be split to fill the last tag available through the Draw-By-Choice drawing. In the event only one pronghorn antelope license tag is available to an alternate, party applications will be split and the alternate tag shall be awarded to the party leader.
(3) Alternates shall be selected for each hunt or hunt period using a Preference Point drawing. Alternate selection shall be limited to resident applicants.
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 331, 332, 1050, 1572, 4302, 4331, 4336, 4340, 4341 and 10502, Fish and Game Code. Reference: Sections 200, 201, 202, 203, 203.1, 207, 210, 215, 219, 220, 331, 332, 713, 1050, 1570,1571,1572, 3950, 3951, 4302, 4330-4333, 4336, 4340, 4341, 4902, 10500 and 10502, Fish and Game Code.
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.16. Fund-Raising Big Game License Tags, Random Drawing.
Note     •     History

(a) General Conditions 
(1) Commencing January 1, 2011, except as otherwise provided, the department may award license tags for fund-raising hunts for deer, bighorn sheep, elk and pronghorn antelope hunts, as described in sections 360, 361, 362, 363, and 364, using a random drawing system. 
(A) Applicants for a deer, elk, or antelope license tag shall be 12 years of age on or before July 1 of the license year for which they are applying. 
(B) Applicants for a big horn sheep license tag shall be 16 years of age on or before July 1 of the license year for which they are applying. 
(C) Applicants for deer, bighorn sheep, pronghorn antelope and elk hunts shall include the appropriate nonrefundable fee in Section 702.
(D) Applicants shall apply through the department's Automated License Data System terminals at any department license agent or department license sales office on or before June 2 each year.
(E) Any resident or nonresident applicant may submit one or more fund-raising tag random drawing applications for each species during the same license year.
(F) No applicant shall earn a preference point in any fund-raising tag random drawings.
(G) Accumulated preference points shall not be considered in any of the fund-raising tag random drawings.
(H) Fund-raising tags shall not be transferred to another person.
(I) Successful applicants and a list of alternates for each fund-raising license tag will be determined by drawing within 10 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible.
(J) Unsuccessful applicants shall not be notified by mail.
(K) Successful applicants will be mailed notification as soon as practical.
(L) Upon receipt of the notification, the applicant shall claim the tag at the department's License and Revenue Branch, 1740 N. Market Blvd., Sacramento, CA 95834 by 5:00 p.m. on July 15 each year. If the deadline to claim the tag falls on a weekend or holiday the applicant can claim the tag until the close of business on the first state business day following the deadline. Any tags unclaimed by successful applicants after that date shall be awarded to alternates for that license tag in the order drawn.
NOTE

Authority cited: Sections 200, 202, 203, 215, 219, 220, 331, 332, 1050, 1572, 4302, 4331, 4336, 4340, 4341 and 10502, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 210, 215, 219, 220, 331, 332, 713, 1050, 1570, 1571, 1572, 3950, 3951, 4302, 4330, 4331, 4332, 4333, 4336, 4340, 4341, 4652, 4653, 4654, 4655, 4657, 4750, 4751, 4752, 4753, 4754, 4755, 4756, 4902, 10500 and 10502, Fish and Game Code.
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§708.17. Replacement Procedures for Lost Big Game License Tags.
Note     •     History

(a) Not more than one replacement license tag for each deer, bear, elk, pronghorn antelope, or bighorn sheep license tag issued to any tag holder shall be replaced each year. If the tagholder loses any big game license tag, it shall be replaced only by following the procedures below:
(1) The tag holder shall provide all of the following to any department license sales office:
(A) An affidavit, specified in Section 702, signed under penalty of perjury by the tag holder, containing the following information:
1. A statement confirming that the originally issued big game license tag cannot be recovered.
2. A statement describing the factual circumstances surrounding the loss of the big game license tag.
(B) Payment of the Duplicate Big Game License Tag Fee specified in Section 702, established pursuant to subdivision 1053(b) of the Fish and Game Code, and as adjusted pursuant to Sections 713 and 1055 of the Fish and Game Code.
NOTE

Authority cited: Sections 200, 202, 205, 240, 1053, 1055 and 1055.1, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 240, 331, 332, 713, 1053, 1055, 1055.1, 4332 and 4902, Fish and Game Code. 
HISTORY

1. New section filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§710. Hunter Education Training Equivalency.
Note     •     History

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

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

1. New section filed 3-17-71; designated effective 6-1-71 (Register 71, No. 12).
2. Repealer filed 4-7-76; effective thirtieth day thereafter (Register 76, No. 15).
3. New section filed 8-31-79 as an emergency; designated effective 9-1-79 (Register 79, No. 35). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 12-29-79.
4. Certificate of Compliance filed 11-9-79 (Register 79, No. 45).
5. Repealer and new section filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
6. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
7. Amendment of subsection (b) filed 2-5-86; effective thirtieth day there after (Register 86, No. 6). 
8. Amendment of subsection (a) and (b) and new subsection (c) filed 10-18-90; operative 11-17-90 (Register 90, No. 47).
9. Change without regulatory effect amending section heading and subsections (a) and (b) filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
§711. Cold Storage/Frozen Food Locker Plant Records.
Note     •     History

(a) Any person operating a cold storage plant or frozen food locker plant where game birds or game mammals, or parts thereof, taken pursuant to a hunting license are processed, preserved or stored, shall prepare and maintain the following records:
(1) name and address of residency of the individual who delivers the game bird or game mammal to the facility;
(2) name, address of residency and the identification number issued from the department's Automated License Data System terminal, the Get Outdoors ID (GO ID) or the hunting license number, and tag number if applicable, of the individual who took the game bird or game mammal;
(3) location of kill--State__________ County__________ Deer Zone or Special Hunt Number__________;
(4) species; and
(5) date received.
(b) The records required by this section shall be maintained at the facility for a period of one year for each game bird or game mammal retained, and shall be open for inspection by wardens of the Department.
NOTE

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

1. New section file 9-8-88; operative 9-8-88 (Register 88, No. 38). For history of former Section 711, see Registers 81, No. 29 and 73, No. 30. 
2. Amendment of subsection (a)(4), repealer of subsection (a)(5), subsection renumbering and amendment of subsection (b) filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26). 
3. Amendment of subsection (a)(2) filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 27).                                                
§712. Restriction of Importation of Hunter-Harvested Deer and Elk Carcasses.
Note     •     History

It is unlawful to import, or possess any hunter harvested deer or elk (cervid) carcass or parts of any cervid carcass imported into the State, except for the following body parts:
(a) portions of meat with no part of the spinal column, brain or head attached (other bones, such as legs and shoulders, may be attached).
(b) hides and capes (no spinal column, brain tissue or head may be attached).
(c) clean skull plates (no brain tissue may be present) with antlers attached.
(d) antlers with no meat or tissue attached, except legally harvested and possessed antlers in the velvet stage are allowed, if no meat, brain or other tissue is attached.
(e) finished taxidermy mounts with no meat or tissue attached (antlers in the velvet stage are allowed if no meat, brain or other tissue is attached).
(f) upper canine teeth (buglers, whistlers, ivories).
NOTE

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

1. New section filed 9-9-2002 as an emergency; operative 9-9-2002 (Register 2002, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-7-2003 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2003, No. 23).  
3. New section filed 6-5-2003; operative 6-5-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 23). 
4. Amendment filed 6-20-2008; operative 6-20-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 25). 
§713. Carcass Condemnation for Diseased, Injured, or Chemically Immobilized Big-Game Species.
Note     •     History

(a) The Director may authorize Department employees to condemn the carcass of a diseased, injured, or chemically immobilized big-game animal (as defined in Section 350) that was lawfully taken and lawfully possessed under a license tag that is, in the opinion of the employee, unfit for human consumption, if the individual who took the animal requests it and this condition was not created by the actions of the individual who took the animal. A Department employee may condemn a big-game carcass that was chemically immobilized if the animal was taken during the established withdrawal period of that immobilizing drug. 
(b) The individual who took the carcass shall surrender the entire condemned carcass and any parts thereof to the Department employee or dispose of it as instructed by the Department employee. 
(c) After condemnation and surrender or verification of the appropriate disposal of the carcass as instructed by the Department employee, the Department employee shall provide written authorization to the individual who took the animal to, at their discretion, choose one of the following options: 
(1) Purchase and use a duplicate tag subject to the fees established in Section 702 for the remainder of the current season under which the animal was taken; 
(2) Upon payment of duplicate tag fee, receive the same tag for the next approved hunting season; 
(3) Participate in the next big-game drawing for that species with one additional point added to the number of preference points the hunter had when they obtained the original tag, or; 
(4) Receive a refund for the tag and have their preference point total for that species restored to the amount they had when the tag was awarded. 
NOTE

Authority cited: Sections 200, 202, 203, 220, 4304, 4336, 4657 and 4753, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1 and 207, Fish and Game Code. 
HISTORY

1. New section filed 6-24-2010; operative 6-24-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 26). 
§720. Designation of Waters of Department Interest.
Note     •     History

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

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

1. New section filed 4-5-71; effective thirtieth day thereafter (Register 71, No. 15).
2. Amendment filed 1-18-77 as an emergency; effective upon filing (Register 77, No. 4).
3. Certificate of Compliance filed 3-16-77 (Register 77, No. 12). 
§721. Temporary Reduction of Flows from Grizzly Valley Dam During Rotenone Treatment of Lake Davis and Its Tributaries (Plumas County) for the Eradication of Northern Pike.
Note     •     History

Temporary Reduction of Flows from Grizzly Valley Dam During Rotenone Treatment of Lake Davis and Its Tributaries (Plumas County) for the Eradication of Northern Pike. Fish and Game Code Section 5937 is superseded for the limited and specific purpose of implementation of a project using rotenone to eradicate northern pike from Lake Davis and its tributaries to protect fish, wildlife, and other natural resources under the jurisdiction of the Commission. The outlet valve at Grizzly Valley Dam may be closed for a period of up to 45 days, notwithstanding Fish and Game Code Section 5937.
NOTE

Authority cited: Sections 215, 219, 220 and 315, Fish and Game Code. Reference: Sections 215 and 220, Fish and Game Code.
HISTORY

1. New section filed 6-11-2007; operative 7-11-2007 (Register 2007, No. 24). Section 721 was adopted pursuant to Fish and Game Code section 219. Section 219 requires that “A regulation adopted pursuant to this section shall remain in effect for not more than 12 months from its effective date.”
§730. Camping Near or Occupying Wildlife Watering Places.
Note     •     History

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

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

1. New section filed 8-3-71; effective thirtieth day thereafter (Register 71, No. 32).
2. Amendment of subsection (a) filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
3. Amendment of subsections (b)(1) and (b)(5) filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 24).
4. Amendment of subsection (b)(4) filed 11-9-79; effective upon filing (Register 79, No. 45).
5. Repealer and new section filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
6. New subsection (a)(6) filed 1-26-84; effective thirtieth day thereafter (Register 84, No. 4).
7. Amendment of subsection (c) filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
8. Amendment of section heading and repealer and new section filed 8-31-98; operative 8-31-98 pursuant to sections 202 and 215, Fish and Game Code (Register 98, No. 36).
§740. Oil Sumps Hazardous to Wildlife.
Note     •     History

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

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

1. New section filed 1-18-74 as an emergency; effective upon filing (Register 74, No. 3).
2. Certificate of Compliance filed 3-12-74 (Register 74, No. 11).
3. Amendment filed 11-4-74 as an emergency; effective upon filing (Register 74, No. 45).
4. Certificate of Compliance filed 2-19-75 (Register 75, No. 8).
5. Amendment filed 2-20-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 8).
6. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
7. Order of Repeal of subsection (a)(1) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§744. Limitations on Public Benefits for Aliens. [Repealed]
Note     •     History

NOTE

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

1. New section filed 3-9-98 as an emergency; operative 3-9-98 (Register 98, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-7-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 46).
§745. Guide Licenses.
Note     •     History

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

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

1. New section filed 3-21-75; effective thirtieth day thereafter (Register 75, No. 12).
2. Amendment filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
3. Amendment of subsections (d) and (i) filed 6-7-82; effective thirtieth day thereafter (Register 82, No. 24).
4. Amendment filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).
5. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
6. Amendment of subsection (e) filed 11-21-86; effective upon filing pursuant to Fish and Game Code Section 215 (Register 86, No. 47).
§745.5. Revocation or Suspension of Hunting or Sport Fishing Privileges.
Note     •     History

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

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

1. New section filed 3-25-2005; operative 4-24-2005 (Register 2005, No. 12). 
§746. Procedures for License or Permit Revocations, Suspensions, Reinstatements, Transfers or Waivers of Renewal Requirements Including Hunting and Sport Fishing License or Permit Privileges.
Note     •     History

Except where revocation, suspension, transfer, reinstatement or waiver of renewal requirement procedures are specifically provided for by the Fish and Game Code or regulations made pursuant thereto, the commission, pursuant to the provisions of Section 309 of the Fish and Game Code, shall comply with the following minimum safeguards to afford each applicant, licensee or permittee procedural and substantive due process when the commission considers revocation, suspension, transfer, reinstatement or waiver of renewal requirements for a license or permit including hunting and sport fishing license or permit privileges.
(a) In the case where the applicant, licensee or permittee has already been convicted of a violation of the Fish and Game Code or any regulation pertaining to the activity licensed or permitted by said code, the commission shall comply with the following:
(1) The commission's president may appoint a commissioner, the commission's legal counsel, a former Executive Director of the commission, or a member of the State Bar of California with at least ten years' experience in the active practice of law and determined qualified by the president, to serve as a hearing officer.
(2) The hearing shall be held at such time and location determined by the hearing officer with due consideration for the convenience of the parties and the ends of justice. The hearing officer may engage in exparte communications with the parties for the purpose of setting a time and place of hearing.
(3) The commission shall notify the applicant, licensee or permittee, by certified letter, of the commission's intent to consider the revocation or suspension of his or her license or permit privileges. The certified letter shall include the following information:
(A) Name of applicant, licensee or permittee and last known address the Department of Fish and Game has on file.
(B) Date, time and place of scheduled hearing.
(C) Reason for potential commission action, including a statement as to the date and fact of conviction.
(D) A copy of Section 746, Title 14, California Code of Regulations.
(E) A statement that the applicant, licensee or permittee has the right to appear and to be represented by counsel.
(F) A statement that any continuance of the scheduled hearing date may be obtained only through compliance with subsection (d) of Section 746, Title 14, California Code of Regulations.
(4) The proceedings of the hearing shall be recorded by a court reporter or an electronic tape recording system.
(5) The hearing shall be conducted by the hearing officer who shall control the nature and order of the proceedings.
(6) At the hearing, the hearing officer shall read the conviction documents. The department shall provide the hearing officer with the background information regarding the violation and conviction and shall submit into the record a copy of a document which includes the facts of the conviction of a violation of regulation or statute.
(7) The applicant, licensee or permittee shall make his or her statement regarding the violation and conviction, and may argue that extenuating circumstances were such as to not warrant the loss of his or her license or permit privileges.
(8) The hearing officer may examine any party or witness.
(9) Within 30 days of the conclusion of the hearing, the hearing officer shall prepare and submit to the executive director a proposed decision which shall include proposed findings or reasons for the commission's action.
(10) Upon receipt of the proposed decision, the commission shall provide counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the hearing officer's proposed decision.
(11) At a meeting of the commission, no later than 60 days following receipt of the hearing officer's proposed decision, the commission shall consider adoption of the proposed decision. The commission may by order adopt, revise or reject the proposed decision. The commission shall serve counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the commission's order and decision. The order is final.
(12) The applicant, licensee or permittee may request judicial review by filing a petition for writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of service (postmark) of the order. The record of the proceedings as designated by the petitioner shall be prepared by the commission and delivered to petitioner's counsel or, if appearing pro se, the petitioner within 30 days after petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code.
(b) In the case where the applicant, licensee or permittee has not been convicted of a violation of the Fish and Game Code or any regulation pertaining to the activity licensed or permitted by said code, but has been cited by the department, the commission shall comply with the following:
(1) The commission's president may appoint a commissioner, the commission's legal counsel, a former Executive Director of the commission, or a member of the State Bar of California with at least ten years experience in the active practice of law and determined qualified by the president, to serve as a hearing officer.
(2) The hearing shall be held at such time and location determined by the hearing officer with due consideration for the convenience of the parties and the ends of justice except that any hearing requested by the holder of a commercial lobster permit, pursuant to Section 8254.7 of the Fish and Game Code, shall be held within the time specified therein. The hearing officer may engage in exparte communications with the parties for the purpose of setting a time and place of hearing.
(3) The commission shall notify the applicant, licensee or permittee, by certified letter, of the commission's intent to consider the revocation or suspension of his or her license or permit privileges. The certified letter shall include the following information:
(A) Name of applicant, licensee or permittee and last known address the Department of Fish and Game has on file.
(B) Date, time and place of scheduled hearing.
(C) Reason for potential commission action, including a concise statement of the alleged acts or omissions of the applicant, licensee or permittee which constitute a violation of the Fish and Game Code and regulations made pursuant thereto with specific citations of the code sections alleged to have been violated.
(D) A copy of Section 746, Title 14, California Code of Regulations.
(E) A statement that the applicant, licensee or permittee has the right to appear and to be represented by legal counsel.
(F) A statement that any continuance of the scheduled hearing date may be obtained only through compliance with subsection (d) of Section 746, Title 14, California Code of Regulations.
(4) The proceedings of the hearing shall be recorded by a court reporter or an electronic tape recording system.
(5) The hearing shall be conducted by the hearing officer who shall control the nature and order of the proceedings.
(6) The applicant, licensee, permittee and the department have the right to present evidence at the scheduled hearing as follows:
(A) Oral evidence shall be taken on oath or affirmation.
(B) The parties may submit affidavits by adhering to the procedure set out for the submission of affidavits in lieu of testimony in judicial arbitration proceedings, California Rules of Court, Rule 1613, subdivision (b)(2), and may submit transcripts of depositions by adhering to the procedure set out for the submission of depositions in judicial arbitration proceedings, California Rules of Court, Rule 1613, subdivision (b)(3).
(C) Each party may call and examine witnesses, cross-examine opposing witnesses on any relevant matter, may rebut evidence against him or her, and may orally argue the matter.
(D) The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons would rely in the conduct of serious affairs.
(7) The hearing officer may examine any party or witness.
(8) Within 30 days of the conclusion of the hearing, the hearing officer shall prepare and submit to the executive director a proposed decision based on the evidence presented at the hearing. The decision shall contain proposed findings and reasons for the commission's action.
(9) Upon receipt of the proposed decision, the commission shall provide counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the hearing officer's proposed decision.
(10) At a meeting of the commission, no later than 60 days following the receipt of the hearing officer's proposed decision, the commission shall consider adoption of the proposed decision. The commission may by order adopt, revise or reject the proposed decision. The commission shall serve counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the commission's order and decision. The order is final.

(11) The applicant, licensee or permittee may request judicial review by filing a petition for writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of service (postmark) of the order. The record of the proceedings  as  designated  by  the  petitioner  shall be prepared by the commission and delivered to petitioner's counsel or, if appearing pro se, the petitioner within 30 days after petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code.
(c) In the case where the applicant, licensee or permittee has neither been convicted nor cited by the department for a violation of the Fish and Game Code, but is appealing department denial of issuance, transfer, reinstatement or requesting waiver of renewal requirements for any permit or license, including a hunting or sport fishing license or permit, the commission shall comply with the following:
(1) The commission's president may appoint a commissioner, the commission's legal counsel, a former Executive Director of the commission, or a member of the State Bar of California with at least ten years experience in the active practice of law and determined qualified by the president, to serve as a hearing officer.
(2) The hearing shall be held at such time and location determined by the hearing officer with due consideration for the convenience of the parties and the ends of justice. The hearing officer may engage in exparte communications with the parties for the purpose of setting a time and place of hearing.
(3) The commission shall notify the applicant, licensee or permittee, by certified letter, of the commission's intent to consider the request for issuance, reinstatement or waiver of renewal requirements for the license or permit. The certified letter shall include the following information:
(A) Name of applicant, licensee or permittee and last known address the Department of Fish and Game has on file.
(B) Date, time and place of scheduled hearing.
(C) A copy of Section 746, Title 14, California Code of Regulations.
(D) A statement that the applicant, licensee or permittee has the right to appear and to be represented by legal counsel.
(E) A statement that any continuance of the scheduled hearing date may be obtained only through compliance with subsection (d) of Section 746, Title 14, California Code of Regulations.
(4) The proceedings of the hearing shall be recorded by a court reporter or an electronic tape recording system.
(5) The hearing shall be conducted by the hearing officer who shall control the nature and order of the proceedings.
(6) The applicant, licensee or permittee and the department have the right to present evidence at the hearing as follows:
(A) Oral evidence shall be taken on oath or affirmation.
(B) The parties may submit affidavits by adhering to the procedure set out for the submission of affidavits in lieu of testimony in judicial arbitration proceedings, California Rules of Court, Rule 1613, subdivision (b)(2), and may submit transcripts of depositions by adhering to the procedure set out for the submission of depositions in judicial arbitration proceedings, California Rules of Court, Rule 1613, subdivision (b)(3).
(C) Each party may call and examine witnesses, cross-examine opposing witnesses on any relevant matter, may rebut evidence against him or her, and may orally argue the matter.
(D) The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons would rely in the conduct of serious affairs.
(7) The hearing officer may examine any party or witness.
(8) Within 30 days of the conclusion of the hearing, the hearing officer shall prepare and submit to the executive director a proposed decision based on the evidence presented at the hearing. The decision shall contain proposed findings and reasons for the commission's action.
(9) Upon receipt of the proposed decision, the commission shall provide counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the hearing officer's proposed decision.
(10) At a meeting of the commission, no later than 60 days following the receipt of the hearing officer's proposed decision, the commission shall consider adoption of the proposed decision. The commission may by order adopt, revise or reject the proposed decision. The commission shall serve counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the commission's order and decision. The order is final.

(11) The applicant, licensee or permittee may request judicial review by filing a petition for writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of service (postmark) of the order. The record of the proceedings  as  designated  by  the  petitioner  shall be prepared by the commission and delivered to petitioner's counsel or, if appearing pro se, the petitioner within 30 days after petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code.

(d) Requests or applications to continue a hearing shall be made in writing to the hearing officer or the Executive Director of the commission. The hearing officer or the Executive Director must receive the request no less than two business days prior to the scheduled date of the hearing. A copy of the request shall also be sent to the department. The application shall include the case name and the date, time, and place of the scheduled hearing. The application shall identify any previous requests to continue the matter. The application shall also contain a statement of all facts the applicant contends constitute good cause to continue the matter. The hearing officer or the Executive Director has the discretion to waive the requirement for written application upon a showing of additional good cause. In cases where the licensee or permittee is appealing department denial of issuance, transfer, reinstatement or requesting waiver of renewal requirements for any permit or license pursuant to subsection (c), above, failure to appear as scheduled or to comply with this provision shall be deemed a withdrawal of the appeal.
NOTE

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

1. New section filed 1-26-87; effective upon filing pursuant to Fish and Game Code Section 215 (Register 87, No. 5).
2. Amendment of section heading, section and Note filed 1-6-2000; operative 1-6-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 1). 
3. Amendment of section heading, section and Note filed 3-25-2005; operative 4-24-2005 (Register 2005, No. 12). 
4. Amendment of subsections (a)(1), (b)(1) and (c)(1) and new subsections (a)(3)(F), (b)(3)(F), (c)(3)(E) and (d) filed 6-8-2006; operative 7-8-2006 (Register 2006, No. 23).
§747. Guidelines for Imposing Civil Penalties.
Note     •     History

(a) Purpose and Scope.
The provisions of this section shall be applicable for the purposes of imposing civil liability and civil penalties under Fish and Game Code sections 500 and 2580-2589 for violations described therein.
(b) Definitions.
Definitions in the Fish and Game Code and regulations adopted pursuant thereto shall apply to this section unless otherwise provided herein.
For purposes of this section, the following definitions shall apply:
(1) The term “act done for profit or personal gain” shall mean an act done for the purpose of improving or which results in an improved financial, material, possessory or other position for the person. To establish that an act was done for profit or personal gain. the department need not establish that the value or benefit received from the act exceeded the costs of accomplishing the act.
(2) “Code” is defined as the Fish and Game Code.
(3) “Regulations” are defined as Title 14, Division 1, California Code of Regulations.
(4) “Civil penalty” shall mean both civil liability for prohibited acts as outlined in Section 2582 of the Code and civil penalty for prohibited acts as outlined in Section 2583 of the Code.
(5) “Item” shall mean an animal or its carcass in its entirety, or if the carcass is no longer maintained in its entirety, any part or product thereof.
(c) Imposition of Civil Penalties.
(1) In determining the amount of the civil penalty to be proposed in the complaint pursuant to sections 2582 and 2583 of the Code, and in determining the final civil penalty to be imposed pursuant to sections 2582 and 2583 of the Code, the Director shall consider the same factors, penalties and considerations as set forth for use by the qualified referee or hearing board (see subdivision (B) of section 2584 of the Fish and Game Code).
(2) If a violator has been previously put in jeopardy for the same act or conduct for which an action for a civil penalty is brought, the penalty established by the qualified referee or hearing board shall bear a rational relationship to compensating the State for its loss and will not be based upon the penalty criteria set forth below. In determining the loss to the State, the qualified referee or hearing board shall consider, among other things, investigation and prosecution fees and costs and reasonable liquidated damages, in addition to the impact that the violation had upon the resources.
(3) If the violation involves birds, mammals, amphibians, reptiles, or fish with a value in the aggregate of less than four hundred dollars ($400) and involves only the transporting, taking or receipt of fish or wildlife taken or possessed in violation of the Code, the civil penalty shall not exceed the maximum criminal fine provided by law for the violation in the Code or ten thousand dollars ($10,000), whichever is less.
(4) Civil penalties shall be imposed on a per item basis unless:
(A) Any of the aggravating factors specified in subsection (c)(8) of this section are found by the qualified referee or hearing board to be present. If any of the aggravating factors are found, the qualified referee or hearing board can impose the penalties as set forth in that subsection;
(B) The qualified referee or hearing board determines that it is impracticable to use a per item basis. In this case, the qualified referee or hearing board can determine a reasonable unit of measure and may impose a penalty based on that, but in no case can the cost per unit exceed the maximum per item penalty set forth below; or
(C) A mitigating factor is found by the qualified referee or hearing board to be present.
(5) The qualified referee or hearing board shall use the following considerations in assessing civil penalties within the ranges set forth below:
(A) The gravity of the violation, imposing lesser penalties for acts which have little significant effect upon the resources, and greater penalties for acts which may cause serious injury to the resources;
(B) The particular nature, extent, and circumstances of the violation; and
(c) The characteristics of the violator, including the violator's assets and other resources so as to ascertain the appropriate penalty level to deter future violations. This assessment shall also include a review of the violator's degree of culpability and involvement in the activity.
(6) In setting the civil penalties for acts set forth in sections 2582 and 2583 of the Code, the qualified referee or hearing board will base the penalty upon the fair market value of the item(s) plus the amounts for the items listed below. If no fair market value exist for the item, the Department may use any generally accepted valuation methodology generally in use at the time plus the amounts listed below:

(A)	Big game as defined in Section
	350 of the Regulations: 	$	400	-	$	15,000

(B)	Resident small game as defined in
	Section 257 of the Regulations: 	$	 50	-	$	1,000

(C)	Migratory game birds as defined
	in Section 3500 of the Code: 	$	 50	-	$	1,000

(D)	Nongame birds as defined in
	Section 3800 of the Code:	$	 50	-	$	500

(E)	Furbearing mammals as defined
	in Section 4000 of the Code:	$	 50	-	$	1,000

(F)	Marine mammals as defined in
	Section 4500 of the Code: 	$	400	-	$	10,000

(G)	Nongame mammals as defined in
	Section 4150 of the Code:	$	 50	-	$	1,000

(H)	Threatened, endangered, fully
	protected, specially protected and
	rare insects and animals as
	defined in sections 3511, 4700,
	4800 and 5515 of the Code and
	Section 670.5 of the Regulations:	$	400	-	$	10,000

(I)	Threatened, endangered, or rare 
	plants, as defined in Section 670.2 
	of the Regulations: 	$	400	-	$	5,000

(J)	Fish as defined in Section 45 of the
	Code:  		$.01	-	$	1,000

(K)	Reptiles: 	$	 50	-	$	1,000

(L)	Wild animals as defined in 
	Section 671 of the Regulations:	$	400	-	$	5,000
(7) In addition to the foregoing penalties, the qualified referee or hearing board may impose civil penalties for acts set forth in Code sections 2582(b) and 2582(c) and 2583 in the amounts as follows:
(A) Unlawfully exporting, importing, possessing, receiving, or transporting in interstate commerce any container or package that has not been marked, labeled, or tagged in accordance with the Code or Regulations and contains any bird, mammal, amphibian, reptile, or fish, or any endangered, rare, or threatened species, or any fully protected bird, mammal, amphibian, reptile or fish, or any part thereof, up to $1,000.00 for each container or package. The penalty under this section cumulatively shall not exceed $10,000.00 for acts or conduct taking place within a 24-hour period.
(B) Unlawful failure or refusal to maintain records or paperwork required by the Code or Regulations for the payment of taxes, fees, charges, or for export, import, possession, receipt or transport, up to $l,000.00 for each individual bird, mammal, amphibian, reptile or fish, or any endangered, rare or threatened species, or any full protected bird, mammal, amphibian, reptile or fish or any part thereof. The penalty under this section cumulatively shall not exceed $10,000.00 for acts or conduct taking place within a 24-hour period.
(8) If any one of the following aggravating factors is found by the qualified referee or hearing board to exist, the qualified referee or hearing board may, based on the totality of the circumstances surrounding the violation, impose a civil penalty of up to $10,000 for each bird, mammal, amphibian, reptile, fish or endangered or threatened species, or fully protected bird, mammal or fish:
(A) The violator's conduct was, in the opinion of the qualified referee or hearing board, intentional or reckless;
(B) The violator, within the last five (5) years, has been subject to a criminal or civil penalty for violation of the Code or related codes, been a subject to civil damages, or had any license document, including but not limited to a permit, suspended or revoked. This subsection shall not apply when the previous criminal or civil penalty, civil damage, or license suspension or revocation resulted from acts or conduct which are the same as those for which the civil penalty is currently sought;
(C) The acts of the violator could have resulted or did result in serious injury to the resources of the state;
(D) The acts of the violator were part of an illegal business enterprise or a legal business enterprise conducted illegally; or
(E) The acts of the violator took place in a wildlife management area. legislative refuge, ecological reserve, state marine reserve, state marine park, state marine conservation area, national wildlife refuge, national marine sanctuary, an area of critical concern, within the boundaries of a federal or state park or recreational area, or on other public lands or water set aside for the express purpose of protecting wildlife, plants, or habitat.
(d) If the qualified referee or hearing board finds that the violation was committed incidental to commercial fishing or processing activities, then the she/he shall impose a civil penalty based on the following schedule.
(1) If the illegally taken species constitute less than five percent, wet weight, of the load or lot, the civil penalty shall be $1,000.00, or the civil penalty listed in subsection (c)(6) above, whichever is less.
(2) If the illegally taken species constitutes five percent to ten percent, wet weight, of the load or lot, the civil penalty shall be $2,000.00, or the civil penalty listed in subsection (c)(6) above, whichever is less.
(3) If the illegally taken species constitute more than ten percent, wet weight, of the load or lot, the civil penalty listed in subsection (c)(6) above shall be imposed.
NOTE

Authority cited: Sections 500 and 2589, Fish and Game Code. Reference: Sections 500 and 2580-2589, Fish and Game Code.
HISTORY

1. New section filed 8-6-91; operative 9-5-91 (Register 92, No. 4).
2. Amendment of subsection (c)(8)(E) filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
§748. Procedures for Civil Penalties and License or   Permit Revocations and Suspensions.
Note     •     History

The procedures described in this chapter shall be applicable for the purposes of imposing civil penalties under Fish and Game Code sections 500 and 2580-2589 and regulations made pursuant thereto for violations described therein and for the purposes of revoking or suspending licenses or permits under Fish and Game Code section 8025, unless specific procedures for suspension or revocation are provided for by the Fish and Game Code or regulations made pursuant thereto.
(a) Burden of Proof.
The burden of proof shall be a preponderance of the evidence.
(b) Complaint.
(1) The Director, after investigation of facts and circumstances, may issue a complaint to any person on whom a civil penalty may be imposed pursuant to Section 2582 or 2583 of the Code. The complaint shall:
(A) allege the acts or failure to act that constitute a basis for the civil penalty;
(B) state the amount of the proposed civil penalty;
(C) be served by personal service or certified mail upon the person whom a civil penalty may be imposed at the last known address of the person;
(D) shall inform the person served that a hearing will be conducted within 60 days after the date of service unless the right to a hearing is waived.
(2) In the case of a license or permit revocation or suspension, the Department shall issue a complaint that shall:
(A) state the name of the licensee or permittee;
(B) inform the person served that a hearing will be conducted within 60 days after the date of service unless the right to a hearing is waived.
(C) be served by personal service or certified mail upon the person identified in the complaint at the licensee's or permittee's last known address.
(D) state the facts which constitute a violation of the Fish and Game Code and/or the regulations made pursuant thereto, including specific citations of the Code and/or regulations alleged to have been violated. In the case of a revocation or suspension in which the licensee or permittee has been convicted of a violation of the Fish and Game Code or any regulations pertaining to the activity licensed or permitted, the complaint shall state the date and fact of conviction;
(3) The complaint issued pursuant to (b)(1) and (b)(2) above may be accompanied by a Notice of Hearing described in subsection (e) of this section.
(c) Amended or supplemental complaint before submission of case.
At any time before the matter is submitted for decision, the Director may file or permit the filing of an amended or supplemental complaint. All parties shall be notified in writing thereof. If the amended or supplemental complaint presents new charges, the Department shall afford the person served a reasonable opportunity to prepare his or her defense thereto, but he or she shall not be entitled to file a further pleading unless the qualified referee or the presiding officer of the hearing board in his or her discretion so orders. Any new charges shall be deemed controverted, and any objections to the amended or supplemental complaint may be made orally and shall be noted in the record.
(d) Amendment of complaint after submission of case.
The Director, qualified referee or presiding officer of the hearing board may order amendment of the complaint after submission of the case for decision. Each party shall be given notice of the intended amendment and opportunity to show that he or she will be prejudiced thereby unless the case is reopened to permit the introduction of additional evidence on his or her behalf. If such prejudice is shown, the Director, qualified referee or presiding officer shall reopen the case to permit the introduction of additional evidence.
(e) Notice of hearing.
(1) The Department shall deliver or mail a notice of hearing to all parties at least 10 days prior to the hearing.
(2) The notice to the person served shall be substantially in the following form but may include other information:
You are hereby notified that a hearing will be held before a qualified referee or hearing board appointed by the Department of Fish & Game at [here insert place of hearing] on the ______________________ day of ___________________ 19 ____________________, at the hour of _______________, upon the charges made in the complaint served upon you. You may be present at the hearing. You have the right to be represented by an attorney at your own expense. You are entitled to represent yourself without legal counsel. You may present any relevant evidence, and will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by applying to [here insert name and address of referee or presiding officer of the hearing board].
The hearing will be conducted in the English language. If you do not proficiently speak or understand the English language and would like to request language assistance, you must notify the Department in a timely manner. The referee or hearing board may order you to pay the costs of an interpreter.
Any questions you may have regarding this hearing must be addressed to the Department of Fish and Game, Legal Office at 1416 Ninth Street, Sacramento, CA 95814, telephone no. (916) 327-4483.
(3) In the case a license or permit revocation or suspension hearing, the person shall be advised that failure to appear at the time and place of the hearing shall result in an automatic suspension of the person's license or permit. In the case of the imposition of a civil penalty, the person shall be advised that failure to appear at the time and place of the hearing shall result in the automatic imposition of the civil penalty identified in the in the complaint.
(f) Continuance of hearing.
(1) The qualified referee or presiding officer of the hearing board may, on his or her own motion or upon request of any party accompanied by a showing of good cause, continue the hearing to another time not more than 60 days after the date scheduled for the initial hearing. Application for a continuance must be made to the qualified referee or the presiding officer not less than 20 calendar days prior to the scheduled hearing.
(2) When a continuance is ordered, the qualified referee or presiding officer shall give written notice of the time and place of the continued hearing.
(g) Waiver of hearing.
A person upon whom a complaint has been served may waive a right to a hearing. This waiver must be in writing signed by the person upon whom the complaint was served or his or her duly appointed representative. If the hearing is waived, the Department shall issue an order setting the penalty in the amount proposed in the complaint or setting the revocation or suspension. This order shall be final.
(h) Time and place of hearing.
The hearing shall be held at a location determined appropriate by the Department in Sacramento, California, unless the Department and the person served mutually agree to hold the hearing in one of the following locations: San Diego, Los Angeles, Fresno, San Francisco, Eureka or Redding.
(i) Discovery; exclusive provisions.
The provisions of subsection (j) of this Section provide the exclusive right to and method of discovery as to any proceeding governed by this section.
(j) Request for discovery; statements; writings.
After initiation of a proceeding, a party, upon written request made to another party, prior to the hearing and within 30 days after service by the Department of the initial pleading or within 15 days after such service of an additional pleading, is entitled to (1) obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody or under the control of the other party:
(1) A statement pertaining to the subject matter of the proceeding made by any party to another or person;
(2) Statement of witnesses then proposed to be called by the party and of other persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, not included in subsection (j)(1) above;
(3) All writings, including, but not limited to, reports of mental, physical and blood examinations and things which the party then proposes to offer in evidence;
(4) Any other writing or thing which is relevant and which would be admissible in evidence;
(5) Investigative reports made by or on behalf of the Department or other party pertaining to the subject matter of the proceeding, to the extent that such reports (1) contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, or (2) reflect matters perceived by the investigator in the course of his or her investigation, or (3) contain or include by attachment any statement or writing described in subsections (j)(1) through (4), inclusive. or summary thereof.
For the purpose of this section, “statements” include written statements by the person signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or other recordings, or transcripts thereof, of oral statements by the person, and written reports or summaries of such oral statements.
Nothing in this section shall authorize the inspection or copying of any writing or thing which is privileged from disclosure by law or otherwise made confidential, or is protected as the attorney's work product.
(k) Subpoenas, service; obligation of witness to attend; witness fees, mileage, per diem.
(1) The qualified referee or presiding officer of the hearing board may issue subpoenas and subpoenas duces tecum at the request of any party for attendance or production of documents at the hearing after making a showing of relevance and good cause. Subpoenas and subpoenas duces tecum shall be issued in accordance with Sections 1985, 1985.1, and 1985.2 of the Code of Civil Procedure.
(2) The process issued pursuant to subsection (k)(1) of this section shall be extended to all parts of the State and shall be served in accordance with Sections 1987 and 1988 of the Code of Civil Procedure.
(3) All witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the state or any political subdivision thereof, shall receive fees, and all witnesses appearing pursuant to subpoena, except the parties, shall receive mileage in the same amount and under the same circumstances as prescribed by law for witnesses in civil actions in a superior court. Witnesses appearing pursuant to subpoena, except the parties, who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day shall be entitled in addition to fees and mileage to a per diem compensation of three dollars ($3) for expenses of subsistence for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearing. Fees, mileage, and expenses of subsistence shall be paid by the party at whose request the witness is subpoenaed.
(l) Contempt.
If any person in proceedings before the qualified referee or the hearing board disobeys or resists any lawful order, refuses to respond to a subpoena or a subpoena duces tecum, refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during a hearing or so near the place thereof as to obstruct the proceedings, the qualified referee or presiding officer of the hearing board shall certify the facts to the Superior Court in and for the County where the proceedings are held for contempt proceedings pursuant to Government Code Section 11525.
(m) Depositions.
On verified petition of any party, the qualified referee or the presiding officer of the hearing board may order that the testimony of any material witness residing within or without the State be taken by deposition in the manner prescribed by law for depositions in civil actions. The petition shall set forth the nature of the pending proceeding; the name and address of the witness whose testimony is desired; a showing of the materiality of his or her testimony; a showing that the witness will be unable or cannot be compelled to attend; and shall request an order requiring the witness to appear and testify before an officer named in the petition for that purpose. Where the witness resides outside the State and where the qualified or presiding officer of the hearing board has ordered the taking of his or her testimony by deposition, the deposition shall be taken according to the provisions of California Code of Civil Procedure section 2026, as amended.
(n) Prehearing conference; subject matter; prehearing order.
(1) On motion of a party or by order of a qualified referee or presiding officer of the hearing board. the qualified referee or hearing board may conduct a prehearing conference. The qualified referee or presiding officer of the hearing board shall set the time and place for the prehearing conference, and the Department shall give written notice to all parties.
(2) The rehearing conference may deal with one or more of the following matters:
(A) Exploration of settlement possibilities.
(B) Preparation of stipulations.
(C) Clarification of issues.
(D) Rulings on identity and limitation of the number of witnesses.
(E) Objections to proffers of evidence.
(F) Order of presentation of evidence and cross-examination.
(G) Rulings regarding issuance of subpoenas and protective orders.
(H) Schedules for the submission of written briefs if necessary, and schedules for the commencement and conduct of the hearing.
(I) Any other matters as shall promote the orderly and prompt conduct of the hearing.
(3) The qualified referee or hearing board shall issue a prehearing order incorporating the matters determined at the prehearing conference. The qualified referee or hearing board may direct one or more of the parties to prepare a prehearing order.
(o) Conduct of hearing; disqualification of qualified referee or member of the hearing board; reporting.
(1) Every hearing in a contested case shall be presided over by a qualified referee or hearing board that shall exercise all powers relating to the conduct of the hearing.
(2) A qualified referee or hearing board member shall voluntarily disqualify himself or herself and withdraw from any case in which he or she cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of any qualified referee or hearing board member by filing an affidavit, prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be determined by the qualified referee or hearing board.
(3) The proceedings at the hearing shall be reported by an electronic tape recording system.
(p) Evidence; examination of witnesses; interpreters.
(1) Oral evidence shall be taken only on oath or affirmation.
(2) Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him or her. If the person upon whom the complaint was served does not testify in his or her own behalf he or she may be called and examined as if under cross-examination.
(3) The hearing need not be conducted according to technical rules relating to evidence and witnesses, except as hereinafter provided. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely upon in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it,would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.
(4) The hearing shall be conducted in the English language, except that a party who does not proficiently speak or understand the English language and who requests language assistance shall be provided an interpreter approved by the qualified referee or the presiding officer of the hearing board conducting the proceedings. The cost of providing the interpreter shall be paid by the Department if the qualified referee or presiding officer so directs, otherwise by the party for whom the interpreter is provided. The qualified referee's or hearing board's decision to direct payment shall be based upon an equitable consideration of all the circumstances in each case, such as the ability of the party in need of the interpreter to pay. Such an interpreter shall be selected from the list issued by the State Personnel Board pursuant to Government Code section 11513.
(5) In the event that interpreters on the approved list cannot be present at the hearing, or if there is no interpreter on the approved list for a particular language, the qualified referee or presiding officer shall have discretionary authority to provisionally qualify and utilize other interpreters.
(6) The Department shall advise each party of their right to an interpreter at the same time that each party is advised of the hearing date. Each party in need of an interpreter shall also be encouraged to give timely notice to the Department conducting the hearing so that appropriate arrangements can be made.
(7) The rules of confidentiality of the Department, if any, which may apply in an adjudicatory hearing, shall apply to any interpreter in the hearing, whether or not these rules so state.
(8) The interpreter shall not have had any involvement in the issues of the case prior to the hearing.
(q) Qualified referee or hearing board; ex parte communication with party or interested person prohibited in absence of notice and participation opportunity.
(1) Except as required for the disposition of ex parte matters specifically authorized by statute, a qualified referee or hearing board member may not communicate, directly or indirectly, upon the merits of a contested matter while the proceeding is pending, with any party, including employees of the Department, with any person who has a direct or indirect interest in the outcome of the proceeding, or with any person who presided at a previous stage of the proceeding, without notice and opportunity for all parties to participate in the communication.
(2) Unless required for the disposition of ex parte matters specifically authorized by statute, no party to an adjudicative proceeding, including employees of the Department, and no person who has a direct or indirect interest in the outcome of the proceeding or who presided at a previous stage of the proceeding, may communicate directly or indirectly, upon the merits of a contested matter while the proceeding is pending, with any person serving as a qualified referee or hearing board member, without notice and opportunity for all parties to participate in the communication, unless prior consent is obtained from all parties to the action.
(3) If, before serving as a qualified referee or hearing board member, a person receives an ex parte communication of a type that could not properly be received while serving, the person, promptly after starting to serve, shall disclose the communication in the manner prescribed in subsection (g)(4) of this section.
(4) A qualified referee or hearing board member who receives an ex parte communication in violation of this section shall place on the record of the pending matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the qualified referee or hearing board member received an ex parte communication, and shall advise all parties that these matters have been placed on the record. Any person desiring to rebut the ex parte communication shall be allowed to do so, upon requesting the opportunity for rebuttal within 10 days after notice of the communication.
(5) The receipt by a qualified referee or hearing board member of an ex parte communication in violation of this section may provide the basis for disqualification of that qualified referee or hearing board member pursuant to this section. If the qualified referee or hearing board member is disqualified, the portion of the record pertaining to the ex parte communication may be sealed by protective order by the qualified referee or hearing board member so disqualified.
(r) Affidavits.
(1) At any time 10 or more days prior to a hearing or a continued hearing, any party may mail or deliver to the opposing party a copy of any affidavit which he or she proposes to introduce in evidence, together with a notice as provided in subsection (r)(2) of this section. Unless the opposing party, within seven days after such mailing or delivery, mails or delivers to the proponent a request to cross-examine an affiant, his or her right to cross-examine such affiant is waived and the affidavit, if introduced in evidence. shall be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made as herein provided, the affidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence.
(2) The notice referred to in subsection (r)(1) of this section shall be substantially in the following form:
The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing in (here insert title of proceeding). (here insert name of affiant) will not be called to testify orally and you will not be entitled to question him or her unless you notify (here insert name of proponent or of his or her attorney) at (here insert address) that you wish to cross-examine him or her. To be effective your request must be mailed or delivered to (here insert name of proponent or his or her attorney) on or before (here insert a date seven days after the date of mailing or delivering the affidavit to the opposing party).
(s) Official notice.
In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any generally accepted technical or scientific matter within the Department's jurisdiction, and of any fact which may be judicially noticed by the courts of this State. Parties present at the hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the qualified referee or hearing board.
(t) Decision consideration, preparation, adoption.
(1) A qualified referee or hearing board shall prepare, within 30 days after the conclusion of the hearing, a proposed decision which recommends the penalty to be imposed or the revocation or suspension of a license or permit. The proposed decision shall be submitted to the Director and shall be served upon the person whom the complaint was issued or his or her duly appointed representative.
(2) The Director may adopt, revise or reject the proposed decision or may enter into a settlement agreement with the person upon whom the complaint was served. If the Director revises, rejects or enters into a settlement agreement, the Director shall seek the recommendation of the qualified referee or the hearing board and shall enter into record of case the reasons for that action including the qualified referee's or hearing board's recommendations.
(3) Within thirty days after receipt of the proposed decision, the Director shall issue an order. If the order is issued against the person named in the complaint, the order shall set forth the amount of civil penalty to be imposed or the revocation or suspension of a license or permit. The order shall be served by personal service or by certified mail to the person upon whom the complaint was served. The order by the Director is final.
(u) Appeal.
Within 30 days after service of a copy of an order setting the amount of a civil penalty or revoking or suspending a license or permit, the person served may file with the Superior Court a petition for writ of mandate for review of the order. The record of the proceedings shall be prepared by the Department and delivered to the person upon whom the complaint is received by the Department after payment of any and all fees for the transcription of the record.
NOTE

Authority cited: Section 2589, Fish and Game Code. Reference: Section 2580-2589, Fish and Game Code.
HISTORY

1. New section filed 8-6-91; operative 9-5-91 (Register 92, No. 4).
§749. Special Order Relating to Incidental Take of Sacramento River Spring-Run Chinook Salmon During Candidacy Period.
Note     •     History

The Commission finds that, based on current knowledge and existing protection and management efforts outlined in Appendices 1* and 2*, the level of habitat loss and take of Sacramento River spring-run chinook salmon individuals which is likely to occur during the period that this regulation is in effect will not cause jeopardy to the continued existence of the species.
(a) Take Authorization
Based on the above findings, the Commission authorizes the take of Sacramento River spring-run chinook salmon during the candidacy period subject to the terms and conditions herein.
(1) Inland Sport Fishing
Take of Sacramento River spring-run chinook salmon is authorized in accordance with the regulations adopted by the Commission.
(2) Ocean Sport Fishing
Take of Sacramento River spring-run chinook salmon is authorized in accordance with the regulations adopted by the Commission.
(3) Upper Sacramento River, Tributaries
Take of Sacramento River spring-run chinook salmon is authorized incidental to life-history studies described in (d)(3)(H) of Appendix 1, water diversions as described in (d)(3)(A)-(d)(3)(E) and (d)(6) of Appendix 1, and restoration actions described in (d)(3)(F)-(d)(3)(J) of Appendix 1, provided that such activities are substantially similar in nature and scope to those activities which existed on the effective date of this regulation, and provided further that there is no material change, to the detriment of conservation, in the existing management measures. The Commission shall determine, in its sole discretion, whether there has been a detrimental material change in such management measures.
(4) San Francisco Bay/Sacramento-San Joaquin River Delta Estuary
Take of Sacramento River spring-run chinook salmon is authorized incidental to water diversions described in (d)(6) of Appendix 1, provided that such activities are substantially similar in nature and scope to those activities which existed on the effective date of this regulation, and provided further that there is no material change, to the detriment of conservation, in the existing management measures. The Commission shall determine, in its sole discretion, whether there has been a detrimental material change in such management measures.
Take of Sacramento River spring-run chinook salmon is authorized incidental to operation of the State Water Project facilities and the Central Valley Project facilities in accordance with the 1995 WQCP and the Central Valley Project Improvement Act and as may be modified by the Operations Group through the process described in (d)(5) of Appendix 1. (For example, the CALFED OPERATIONS GROUP SACRAMENTO RIVER SPRING-RUN CHINOOK SALMON PROTECTION PLAN, dated October 27, 1997, found in Appendix 2.)
(b) Additions, Modifications, or Revocation
Other actions not addressed in this regulation requiring authorization for incidental take of Sacramento River spring-run chinook salmon from the Commission pursuant to Fish and Game Code Section 2084 or, to the extent allowed by law, by the Department of Fish and Game pursuant to Fish and Game Code Section 2081, will be considered on a case-by-case basis.
The Commission may modify or repeal this regulation in whole or in part, pursuant to law, if it determines that any activity, project or persons may cause jeopardy to the continued existence of the Sacramento River spring-run chinook salmon. In the event of a “triggering event (for consultation)”, as defined in the CALFED OPERATIONS GROUP SACRAMENTO RIVER SPRING-RUN CHINOOK SALMON PROTECTION PLAN, or in the event the monitoring devices currently in place on Mill and Deer creeks are removed or rendered inoperable, the Commission shall forthwith institute an emergency action under Government Code Section 11125.5(a) and (b) to review the events which gave rise to the triggering event or loss of monitoring devices, and to consider modification of this regulation.

[Note: During the candidacy period of the spring-run chinook salmon, the commission commits to remaining informed on a timely basis as to the activities described in this regulation to determine if the commission must consider modification of the regulation. For example, in order to be informed of and responsive to potential impacts on spring-run throughout the candidacy period, the commission staff shall receive all electronic mail notices sent by the CALFED Operations Group Data Assessment Team (DAT) and the No Name Group to provide timely information to the commission. Based on this information, the commission will determine an appropriate level of participation in these conference calls and related meetings. When considering information of potential impacts or modification of this regulation, the commission shall ask staff for pertinent information about activities from other agencies or programs that could affect spring-run salmon, including the CALFED Bay-Delta Program, the CALFED Operations Group, the SWRCB Bay-Delta Water Rights Hearings, and the U.S. Fish and Wildlife Service and National Marine Fisheries Service (with respect to their biological opinions). Such involvement and information is intended to facilitate the commission's role in providing effective measures to protect spring-run salmon while minimizing conflicts with other resource needs. As provided by this regulation, where information warrants, the commission would convene an emergency meeting (under Government Code Section 11125.5) to determine whether any activity may cause jeopardy to the spring-run and if modification of this regulation is necessary.

Specifically, the commission acknowledges that the CALFED Operations Group Spring-run Chinook Salmon Protection Plan and the fish monitoring program, described by the Plan to determine salmon movements in the rivers and the Delta, continue to be in effect throughout the spring-run candidacy period and that the status of spring-run salmon will continue to be a factor in the Operations Group's decision making. (See Appendix 2, page 2, of this regulation.) Through receipt of DAT and No Name Group conference call notices, the commission will be able to determine when to participate in these groups, especially if these groups are making recommendations to DWR and USBR as to adjustments in CVP or SWP Delta pumping operations for purposes of spring-run salmon protection. Through this process, the commission may consider providing recommendations to DWR and USBR for protecting spring-run salmon and also may consider modifying this regulation through an emergency action to implement such protective measures.]

__________
* Copies of Appendices 1 and 2, including attachments, which are referenced in this regulation are available upon request from the Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, CA 94255-2090 (Telephone: 916 653-4899).
NOTE

Authority cited: Sections 200, 202, 205, 240 and 2084, Fish and Game Code. Reference: Sections 200, 202, 205, 240 and 2084, Fish and Game Code.
HISTORY

1. New section filed 11-21-97 as an emergency; operative 11-21-97 (Register 97, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-23-98 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (a)(4) and footnote (Register 98, No. 9).
3. New section refiled 2-23-98 as an emergency, including amendment of subsection (b); operative 3-20-98 (Register 98, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-20-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-23-98 order transmitted to OAL 7-9-98 and filed 8-19-98 (Register 98, No. 34).
5. Amendment of subsection (a)(4) filed 11-16-98 as an emergency; operative 11-16-98 (Register 98, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-16-99 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 11-16-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 5).  
§749.1. Special Order Relating to Incidental Take of Coho Salmon (Oncorhynchus kisutch) During Candidacy Period.
Note     •     History

The commission finds that, based on current knowledge and protection and management efforts outlined in this regulation, including Exhibits A through D*, the level of habitat loss and take of coho salmon which is likely to occur during the period that this regulation is in effect will not cause jeopardy to the continued existence of the species. 
(a) Take Authorization.
Based upon the above findings, the commission authorizes the take of coho salmon north of San Francisco (Exhibit A) during the candidacy period subject to the terms and conditions herein. 
(1) Inland and Ocean Sport and Commercial Fishing. 
Coho salmon may not be retained during sport or commercial fishing in any waters of the State. Incidentally hooked or netted coho salmon must be immediately released unharmed to the waters where they are hooked or netted. 
(2) Suction Dredging. 
Incidental take of coho salmon during suction dredging that complies with Section 228, Title 14, CCR, is authorized during the candidacy period. 
(3) Research and Monitoring. 
(A) Take of coho salmon by department personnel in the course of research and monitoring is authorized pursuant to Section 783.1(c), Title 14, CCR. 
(B) Take of coho salmon in the course of research and monitoring by public agencies and private parties is authorized subject to restrictions in Exhibit B. 
(4) Hatchery Operations. 
Take of coho salmon by the Department of Fish and Game for hatchery management purposes is authorized pursuant to Section 783.1(c). Title 14, CCR. 
(5) Habitat Restoration. 
(A) Incidental take of coho salmon resulting from planning, assessment, inventory, construction, maintenance and monitoring activities consistent with the objectives of the Department of Fish and Game Fisheries Restoration Grants Program and carried out in the manner prescribed in the department's “California Salmonid Stream Habitat Restoration Manual -- Third Edition, January 1998”, is authorized. Incidental take resulting from an activity not carried out in such manner is authorized only if the activity is performed under the supervision or oversight of, or is funded by the department.
(B) Incidental take resulting from activities performed by department employees related to constructing, installing, operating and maintaining facilities or stream features designed to eliminate or minimize barriers to fish migration and fish rescue operations is authorized pursuant to Section 783.1(c), Title 14, CCR. 
(6) Extraction of Gravel Resources. 
Incidental take of coho salmon resulting from the extraction of gravel resources in a stream or river, is authorized for the coho candidacy period provided that such activities are conducted in accordance with the measures specified in Exhibit C. 
(7) Water Diversions. 
Incidental take of coho salmon resulting from diversion of water, for any purpose, is authorized during the candidacy period, subject to the following conditions: 
(A) Existing unscreened diversions may continue in operation through the candidacy period. Upon any future determination by the commission that coho salmon shall be added to the list of threatened or endangered species, incidental take for such diversions must be authorized under Fish and Game Code Section 2081(b) or be determined exempt from the permitting requirement under Fish and Game Code Section 2080.1. 
(B) Diversions approved and constructed after the effective date of this section shall be screened and shall meet the Department of Fish and Game Fish Screening Criteria (dated June 19, 2000) included in this regulation as Exhibit D. 
(C) Existing fish screens that are repaired, upgraded, or reconstructed during the candidacy period must meet the Department of Fish and Game Fish Screening Criteria (dated June 19, 2000) included in this regulation as Exhibit D. 
(8) Department of Fish and Game Streambed Alteration Agreements. 
Incidental take of coho salmon during the candidacy period is authorized for any project carried out in compliance with section 1601 or 1603 of the Fish and Game Code, for which a Lake or Streambed Alteration Agreement (Agreement) has been entered into between the department and the party undertaking the activity, provided that: 
(A) any measures identified by the department as necessary to protect coho salmon are incorporated into the signed Agreement and are fully implemented by the party undertaking the activity; and 
(B) the project otherwise complies with other relevant provisions of this section. Projects that will involve the extraction of mineral resources shall also comply with subsection (a)(6), and projects involving water diversions shall also comply with subsection (a)(7) of Section 749.1, Title 14, CCR. 
(9) Pacific Lumber Company Habitat Conservation Plan. 
Incidental take of coho salmon resulting from activities within the Plan and Permit Area described as Covered Activities in the “Habitat Conservation Plan for the Properties of The Pacific Lumber Company, Scotia Pacific Holding Company, and Salmon Creek Corporation, February 1999”, is authorized during the candidacy period insofar as activities are conducted in accordance with the relevant Operating Conservation Plans. 
(10) Forest Practices. 
Incidental take of coho salmon is authorized during the candidacy period for otherwise lawful timber operations that comply with conditions specified in the revised final rule language, “Protection for Threatened and Impaired Watersheds, 2000”, sections 895, 895.1, 898, 898.2, 914.8, 934.8, 954.8, 916, 936, 956, 916.2, 936.2, 956.2, 916.9, 936.9, 956.9, 916.11, 936.11, 956.11, 916.12, 936.12, 956.12, 923.3, 943.3, 963.3, 923.9, 943.9 and 963.9, Title 14, CCR (which can be found on the Board of Forestry website at www.fire.ca.gov/BOF/pdfs/FRLZ00011814.pdf).
(11) Additions, Modifications or Revocation. 
(A) Incidental take of coho salmon north of San Francisco from activities not addressed in this section may be authorized during the candidacy period by the commission pursuant to Fish and Game Code Section 2084 or by the department pursuant to Fish and Game Code Section 2081, on a case-by-case basis.
(B) The commission may modify or repeal this regulation in whole or in part, pursuant to law, if it determines that any activity or project may cause jeopardy to the continued existence of coho salmon north of San Francisco.
*A copy of Exhibits A through D which are referenced in this regulation is available upon request from the Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, CA 94255-2090 (Telephone 916 653-4899).
NOTE

Authority cited: Sections 200, 202, 205 and 2084, Fish and Game Code. Reference: Sections 200, 202, 205, 2080, 2084 and 2085, Fish and Game Code.
HISTORY

1. New section and Exhibits A-D filed 4-26-2001 as an emergency; operative 4-26-2001 (Register 2001, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-2001 or emergency language will be repealed by operation of law on the following day.
2. New section and Exhibits A-D refiled 8-23-2001 as an emergency; operative 8-25-2001 (Register 2001, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-24-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 1).  
4. New section and Exhibits A-D filed 12-31-2001 as an emergency; operative 12-31-2001 (Register 2002, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-2002 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-31-2001 order, including amendment of subsection (a)(5)(A) and repealer and new Exhibit A, transmitted to OAL 4-26-2002 and filed 6-6-2002 (Register 2002, No. 23).

Exhibit A -- Coho Salmon Distribution North of San Francisco

View Graphic

Exhibit B
Incidental Take Authorization Standards for Research and 
Monitoring During the Candidacy Period for Coho Salmon
Research Proposals 
Take of coho salmon during the candidacy period is authorized for individuals, agencies, or universities and landowners for purposes of research and monitoring provided that:
(i) For ongoing research, a written, detailed project proposal describing objectives, methods (gear, sampling schedules and locations), efforts to minimize adverse effects to the species, estimated level of take of the species, and a copy of a permit authorizing take pursuant to the Federal Endangered Species Act shall be provided to the appropriate Department Regional Manager within 45 days of this regulation becoming effective. 
(ii) For research which has not yet commenced, a written, detailed project proposal describing objectives, methods (gear, sampling schedules and locations), efforts to minimize adverse effects to the species, estimated level of take of the species, and a copy of a permit authorizing take pursuant to the Federal Endangered Species Act shall be provided to the appropriate Department Regional Manager.
(iii) The research or monitoring may commence once the Department issues written concurrence that the research and monitoring activities conducted are consistent with the Department's research and monitoring programs and are sufficient to protect coho salmon. The Department may specify additional terms and conditions for the protection of coho salmon and the reporting of all data collected to the Department.
Alternative Procedure 
At the discretion of the Department, research and monitoring activities not addressed by the above procedures may receive separate authorization for take of coho salmon by the Department pursuant to Fish and Game Code Section 2081.
Department of Fish and Game Contacts 
Regional Manager, Northern California -- North Coast Region; 601 Locust Street, Redding, CA 96001 -- (530) 225-2300.
Regional Manager, Central Coast Region; 7329 Silverado Trail, P.O. Box 46, Yountville, CA 94599 -- (707) 944-5500.  

Exhibit C 
Incidental Take Authorization Standards for In-Stream Gravel Extraction During the Candidacy Period for Coho Salmon
1. A gravel extraction plan including design features, mitigation measures, and enhancement recommendations that minimize impacts to salmonids shall be prepared by the operator and submitted to the Department for review and approval before extraction may begin. The maximum amount permitted to be removed shall be no more than the amount of sand and gravel that is annually replenished in the proposed extraction area, and cumulative extraction quantities shall be consistent with the long-term average annual sustained yield based on estimates of mean annual recruitment.
2. Extraction of gravel shall be accomplished by “skimming” or grading of gravel from bars above the low water channel unless another technique is approved in advance by the Department. The gravel bars shall be sloped from the bank down towards the thalweg and downstream to avoid stranding of salmonids. No holes or depressions shall be allowed to remain in the extraction area. No extraction of the streambanks shall be allowed.
3. Low flow channel confinement shall be maximized by utilizing the low flow silt line, where available, in designing the vertical offset. The silt line measurement shall be taken on or before July 15th of any year unless an alternate date is approved, in advance, by the Department. The vertical offset shall be at least one foot. A larger vertical offset, as determined by the Department, may be necessary to maximize the low flow channel confinement.
4. Gravel bar stability shall be protected by minimizing extraction on the upstream one-third of gravel bars. No extraction shall be allowed in riffle sections. The Department shall review proposed gravel extraction plans during an annual site inspection and make specific recommendations to protect salmonid habitat.
5. Channel crossing construction shall not begin before June 15. Removal of channel crossings shall be completed by September 30. If temporary culverts are installed, they will be installed in such a manner so that they will not impede the passing of fish up and down stream.
6. Large woody debris (LWD) shall be stockpiled before gravel extraction begins and redistributed on the gravel bar after the extraction site has been reclaimed at the end of the extraction season. To the extent possible, vehicular access onto gravel mining sites shall be controlled to minimize the loss of LWD from firewood collectors.
7. Trees exceeding 1 inch DBH shall not be removed, and clumps of smaller trees shall not be removed except by prior approval of the Department. The disturbance or removal of vegetation shall be minimized, shall not exceed that necessary to complete operations and shall be limited to areas where extraction has occurred within the past two years.
8. The project shall comply with Section 1601 or 1603 of the California Fish and Game Code, and a Lake or Streambed Alteration Agreement shall be obtained from the Department. Any measures identified by the Department as necessary to protect coho salmon shall be incorporated into the signed agreement and shall be fully implemented.  

Exhibit D 
Department of Fish and Game 
Fish Screening Criteria 
June 19, 2000

1. STRUCTURE PLACEMENT 
A. Streams And Rivers (flowing water): The screen face shall be parallel to the flow and adjacent bankline (water's edge), with the screen face at or streamward of a line defined by the annual low-flow water's edge.
The upstream and downstream transitions to the screen structure shall be designed and constructed to match the back-line, minimizing eddies upstream of, in front of and downstream of, the screen. 
Where feasible, this “on-stream” fish screen structure placement is preferred by the California Department of Fish and Game.
B. In Canals (flowing water): The screen structure shall be located as close to the river source as practical, in an effort to minimize the approach channel length and the fish return bypass length. This “in canal” fish screen location shall only be used where an “on-stream” screen design is not feasible. This situation is most common at existing diversion dams with headgate structures.
The National Marine Fisheries Service -- Southwest Region “Fish Screening Criteria for Anadromous Salmonids, January 1997” for these types of installations shall be used.
C. Small Pumped Diversions: Small pumped diversions (less than 40 cubic-feet per second) which are screened using “manufactured, self-contained” screens shall conform to the National Marine Fisheries Service -- Southwest Region “Fish Screening Criteria for Anadromous Salmonids, January 1997”. 
D. Non-Flowing Waters (tidal areas, lakes and reservoirs): The preferred location for the diversion intake structure shall be offshore, in deep water, to minimize fish contact with the diversion. Other configurations will be considered as exceptions to the screening criteria as described in Section 5.F. below.

2. APPROACH VELOCITY (Local velocity component perpendicular to the screen face 
A. Flow Uniformity: The design of the screen shall distribute the approach velocity uniformly across the face of the screen. Provisions shall be made in the design of the screen to allow for adjustment of flow patterns. The intent is to ensure uniform flow distribution through the entire face of the screen as it is constructed and operated.
B. Self-Cleaning Screens: The design approach velocity shall not exceed: 
1. Streams And Rivers (flowing waters) -- Either: 
a. 0.33 feet per second, where exposure to the fish screen shall not exceed fifteen minutes, or
b. 0.40 feet per second, for small (less than 40 cubic-feet per second) pumped diversions using “manufactured, self-contained” screens.
2. In Canals (flowing waters) -- 0.40 feet per second, with a bypass entrance located every one-minute of travel time along the screen face.
3. Non-Flowing Waters (tidal areas, lakes and reservoirs) -- The specific screen approach velocity shall be determined for each installation, based on the species and life stage of fish being protected. Velocities which exceed those described above will require a variance to these criteria (see Section 5.F. below).
(Note: At this time, the U.S. Fish and Wildlife Service has selected a 0.2 feet per second approach velocity for use in waters where the Delta smelt is found. Thus, fish screens in the Sacramento-San Joaquin Estuary should use this criterion for design purposes.)
C. Screens Which Are Not Self-Cleaning: The screens shall be designed with an approach velocity one-fourth that outlined in Section B. above. The screen shall be cleaned before the approach velocity exceeds the criteria described in Section B.
D. Frequency Of Cleaning: Fish screens shall be cleaned as frequently as necessary to prevent flow impedance and violation of the approach velocity criteria. A cleaning cycle once every 5 minutes is deemed to meet this standard.
E. Screen Area Calculation: The required wetted screen area (square feet), excluding the area affected by structural components, is calculated by dividing the maximum diverted flow (cubic-feet per second) by the allowable approach velocity (feet per second). Example:, 

1.0 cubic-feet per second / 0.33 feet per second = 3.0 square feet
Unless otherwise specifically agreed to, this calculation shall be done at the minimum stream stage.

3. SWEEPING VELOCITY (Velocity component parallel to screen face) 
A. In Streams And Rivers: The sweeping velocity should be at least two times the allowable approach velocity.
B. In Canals: The sweeping velocity shall exceed the allowable approach velocity. Experience has shown that sweeping velocities of 2.0 feet per second (or greater) are preferable.
C. Design Considerations: Screen faces shall be designed flush with any adjacent screen bay piers or walls, to allow an unimpeded flow of water parallel to the screen face.

4. SCREEN OPENINGS 
A. Porosity: The screen surface shall have a minimum open area of 27 percent. We recommend the maximum possible open area consistent with the availability of appropriate material, and structural design considerations.
The use of open areas less than 40 percent shall include consideration of increasing the screen surface area, to reduce slot velocities, assisting in both fish protection and screen cleaning.
B. Round Openings: Round openings in the screening shall not exceed 3.96mm (5/32in). In waters where steelhead rainbow trout fry are present, this dimension shall not exceed 2.38mm (3/32in).
C. Square Openings: Square openings in screening shall not exceed 3.96mm (5/32in) measured diagonally. In waters where steelhead rainbow trout fry are present, this dimension shall not exceed 2.38mm (3/32in) measured diagonally.
D. Slotted Openings: Slotted openings shall not exceed 2.38mm (3/32in) in width. In waters where steelhead rainbow trout fry are present, this dimension shall not exceed 1.75mm (0.0689in).

5. SCREEN CONSTRUCTION 
A. Material Selection: Screens may be constructed of any rigid material, perforated, woven, or slotted that provides water passage while physically excluding fish. The largest possible screen open area which is consistent with other project requirements should be used. Reducing the screen slot velocity is desirable both to protect fish and to ease cleaning requirements. Care should be taken to avoid the use of materials with sharp edges or projections which could harm fish.
B. Corrosion And Fouling Protection: Stainless steel or other corrosion-resistant material is the screen material recommended to reduce clogging due to corrosion. The use of both active and passive corrosion protection systems should be considered.
Consideration should be given to anti-fouling material choices, to reduce biological fouling problems. Care should be taken not to use materials deemed deleterious to fish and other wildlife.
C. Project Review And Approval: Plans and design calculations, which show that all the applicable screening criteria have been met, shall be provided to the Department before written approval can be granted by the appropriate Regional Manager.
The approval shall be documented in writing to the project sponsor, with copies to both the Deputy Director, Habitat Conservation Division and the Deputy Director, Wildlife and Inland Fisheries Division. Such approval may include a requirement for post-construction evaluation, monitoring and reporting.
D. Assurances: All fish screens constructed after the effective date of these criteria shall be designed and constructed to satisfy the current criteria. Owners of existing screens, approved by the Department prior to the effective date of these criteria, shall not be required to upgrade their facilities to satisfy the current criteria unless:
1. The controlling screen components deteriorate and require replacement (i.e., change the opening size or opening orientation when the screen panels or rotary drum screen coverings need replacing),
2. Relocation, modification or reconstruction (i.e., a change of screen alignment or an increase in the intake size to satisfy diversion requirements) of the intake facilities, or
3. The owner proposes to increase the rate of diversion which would result in violation of the criteria without additional modifications.
E. Supplemental Criteria: Supplemental criteria may be issued by the Department for a project, to accommodate new fish screening technology or to address species-specific or site-specific circumstances.
F. Variances: Written variances to these criteria may be granted with the approval of the appropriate Regional Manager and concurrence from both the Deputy Director, Habitat Conservation Division and the Deputy Director, Wildlife and Inland Fisheries Division. At a minimum, the rationale for the variance must be described and justified in the request.
Evaluation and monitoring may be required as a condition of any variance, to ensure that the requested variance does not result in a reduced level of protection for the aquatic resources.
It is the responsibility of the project sponsor to obtain the appropriate fish screen criteria as provided herein. Project sponsors should contact the Department of Fish and Game, the National Marine Fisheries Service (for projects in marine and anadromous waters) and the U.S. Fish and Wildlife Service (for projects in anadromous and fresh waters) for guidance.
Copies of the criteria are available from the Department of Fish and Game through the appropriate Regional office, which should be the first point of contact for any fish screening project.
Northern California and North Coast Region; 601 Locust Street, Redding, CA 96001 -- (530) 225-2300.
Sacramento Valley and Central Sierra Region; 1701 Nimbus Drive, Rancho Cordova, CA 95670 -- (916) 358-2900.
Central Coast Region; 7329 Silverado Trail/P.O. Box 46, Yountville, CA 94599 -- (707) 944-5500.
San Joaquin Valley-Southern Sierra Region; 1234 E. Shaw Avenue, Fresno, CA 93710 -- (209) 243-4005.
South Coast Region; 4649 View Crest Avenue, San Diego, CA 92123 -- (619) 467-4201.
Eastern Sierra and Inland Deserts Region; 4775 Bird Farms Road, Chino Hills, CA 91709 -- (909) 597-9823.
Marine Region; 20 Lower Ragsdale Drive, #100, Monterey, CA 93940 -- (831) 649-2870.
Technical assistance can be obtained directly from the Habitat Conservation Division; 1416 Ninth Street, Sacramento, CA 95814 -- (916) 653-1070.
The National Marine Fisheries Service -- Southwest Region “Fish Screening Criteria for Anadromous Salmonids, January 1997” are also available from their Southwest Region; 777 Sonoma Avenue, Room 325, Santa Rosa, CA 95402 -- (707) 575-6050.
§749.2. Incidental Take of Xantus's Murrelet (Synthliboramphus hypoleucus) During Candidacy Period. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 240 and 2084, Fish and Game Code. Reference: Sections 200, 202, 205, 240, 2080, 2084 and 2085, Fish and Game Code.
HISTORY

1. New section filed 11-7-2002 as an emergency; operative 11-7-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-7-2003 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-4-2003 as an emergency; operative 3-7-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-7-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-4-2003 order, including amendment of section heading and Note, transmitted to OAL 6-10-2003 and filed 6-24-2003 (Register 2003, No. 26).
4. Repealer filed 11-22-2004; operative 12-22-2004 (Register 2004, No. 48).
§749.3. Special Order Relating to the Incidental Take of Longfin Smelt (Spirinchus thaleichthys) During Candidacy Period. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 200, 202, 205, 240 and 2084, Fish and Game Code. Reference: Sections 200, 202, 205, 240 and 2084, Fish and Game Code. 
HISTORY

1. New section and Exhibits A-E filed 2-27-2008 as an emergency; operative 2-29-2008 (Register 2008, No. 9). A Certificate of Compliance must be transmitted to OAL by 8-27-2008 or emergency language will be repealed by operation of law on the following day.
2. New section, including amendments, and Exhibits A-E refiled 8-18-2008 as an emergency; operative 8-27-2008 (Register 2008, No. 34). A Certificate of Compliance must be transmitted to OAL by 11-24-2008 or emergency language will be repealed by operation of law on the following day.
3. New section and Exhibits A-E, including further amendments, refiled 11-24-2008 as an emergency; operative 11-24-2008 (Register 2008, No. 48). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
4. Repealer of section and Exhibits A-E by operation of Government Code section 11346.1(g) (Register 2009, No. 9).
§749.4. Incidental Take of California Tiger Salamander (Ambystoma californiense) During Candidacy Period.
Note     •     History

This regulation authorizes take of California Tiger Salamander (Ambystoma californiense), subject to certain terms and conditions, during the species' candidacy for listing as an endangered or threatened species pursuant to the California Endangered Species Act (Fish & G. Code, §2050 et seq.). 
(a) Take Authorization
Subject to the terms and conditions prescribed by this section, the Commission authorizes take of California tiger salamander during the candidacy period where such take is incidental to an otherwise lawful activity. 
(1) Incidental Take Authorized Pursuant to the Federal Endangered Species Act
Incidental take of California tiger salamander is authorized where such take is consistent with and otherwise authorized pursuant to the Federal Endangered Species Act (16 U.S.C. §1531 et seq.). 
(2) Lake or Streambed Alteration Agreements
Incidental take of California tiger salamander is authorized where: (i) take occurs as the result of an activity covered by a lake or streambed alteration agreement issued by the Department of Fish and Game pursuant to Fish and Game Code section 1602, subdivision (a)(4)(B); (ii) the take occurs only within the area specifically covered by the lake or streambed agreement; and (iii) the agreement holder is in compliance with the terms and conditions prescribed by the agreement at the time incidental take occurs. 
(3) Agricultural Activities
Incidental take of California tiger salamander as a result of routine and ongoing agricultural operations on land in an existing agricultural use is authorized as set forth in this paragraph. 
(A) For purposes of this paragraph “routine and ongoing agricultural operations” shall have the same meaning as defined by California Code of Regulations, Title 14, section 786.1, subdivision (b), except routine and ongoing agricultural operations shall not include: (i) the conversion of agricultural land to a nonagricultural use, excluding the conversion of land in existing agricultural use to conserve, restore, protect, or enhance fish or wildlife habitat; (ii) the conversion of rangeland or natural lands to more intensive agricultural uses, including but not limited to, the conversion of rangeland or natural lands to permanent crops, dry land farming, row crops, and/or any cultivated row crops unless the alterations to the land were commenced before the candidacy period; (iii) the use of toxic or suffocating gases to control ground-burrowing rodents; (iv) the improvement, upgrade, or construction of new roads; or (v) the intentional introduction into a stock pond of species that may prey on California tiger salamander adults, larvae, or eggs. 
(B) For purposes of this paragraph “agricultural use” shall mean the use of land for the purpose of producing an agricultural commodity for a personal or commercial purpose. 
(b) Additions, Modification, or Revocation
(1) Incidental take of California tiger salamander from activities not addressed in this section may be authorized during the candidacy period by the Commission pursuant to Fish and Game Code section 2084, or by the Department on a case-by-case basis pursuant to Fish and Game Code Section 2081, or other authority provided by law. 
(2) The Commission may modify or repeal this regulation in whole or in part as provided by law, including modification or repeal based on a determination that any activity or project may cause jeopardy to the continued existence of California tiger salamander. 
NOTE

Authority cited: Sections 200, 202, 205, 240 and 2084, Fish and Game Code. Reference: Sections 200, 202, 205, 240, 2080, 2084 and 2085, Fish and Game Code. 
HISTORY

1. New section filed 2-23-2009 as an emergency; operative 2-23-2009 (Register 2009, No. 9). A Certificate of Compliance must be transmitted to OAL by 8-24-2009 or emergency language will be repealed by operation of law on the following day.
2. New section, including amendment of subsection (a)(2), refiled 8-24-2009 as an emergency; operative 8-24-2009 (Register 2009, No. 35). A Certificate of Compliance must be transmitted to OAL by 11-23-2009 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-23-2009 as an emergency; operative 11-23-2009 (Register 2009, No. 48). A Certificate of Compliance must be transmitted to OAL by 2-22-2010 or emergency language will be repealed by operation of law on the following day.
§749.5. Incidental Take of Pacific Fisher (Martes pennanti) During Candidacy Period.
Note     •     History

This regulation authorizes the taking of Pacific fisher (Martes pennanti), subject to certain terms and conditions, during the species' candidacy under the California Endangered Species Act (Fish and Game Code, Section 2050 et seq.). 
(a) Take Authorization. 
The Commission authorizes the take of Pacific fisher during the candidacy period subject to the terms and conditions herein. 
(1) Forest Practices and Timber Harvest. 
Incidental take of Pacific fisher is authorized for otherwise lawful timber operations. For purposes of this authorization, an otherwise lawful timber operation shall mean a timber operation authorized or otherwise permitted by the Z'Berg Nejedly Forest Practice Act (Public Resources Code, Section 4511 et seq.), the Forest Practice Rules of the Board of Forestry, which are found in Chapters 4, 4.5, and 10, of Title 14 of the California Code of Regulations, or other applicable law. The Z'Berg Nejedly Forest Practice Act and Forest Practice Rules can be found at the following website: http://www.fire.ca.gov/resource_mgt/resource_ mgt_ forestpractice.php. 
(2) Vegetation Management to Prevent or Reduce Wildland Fire. 
Incidental take of Pacific fisher is authorized for otherwise lawful vegetation or fuels management activities necessary to reduce hazardous fuels and prevent or reduce the risk of catastrophic wildland fires. For purposes of this authorization, an otherwise lawful vegetation or fuels management activity shall mean an activity to reduce hazardous fuels and prevent or reduce the risk of catastrophic wildland fires authorized or otherwise permitted by the Z'Berg Nejedly Forest Practice Act (Public Resources Code, Section 4511 et seq.), the Forest Practice Rules of the Board of Forestry, which are found in Chapters 4, 4.5, and 10, of Title 14 of the California Code of Regulations, the Wildland Fire Protection and Resources Management Act of 1978 (Public Resources Code, Section 4461-4480), the California Forest Improvement Act of 1978 (Public Resources Code, Section 4790 et seq.), the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or other applicable law. 
(3) Wildland Fire and Fire Response. 
Take of Pacific fisher incidental to otherwise lawful wildland fire response and suppression activities is authorized. 
(4) Management, Monitoring, and Research Activities. 
Incidental take of Pacific fisher is authorized relative to Department approved or supported survey, monitoring, research, and translocation plans. Department approvals of management, monitoring, and research activities may be provided pursuant to a memorandum of understanding, a scientific collecting permit, or other Department authorization provided by law.
(b) Application of the California Environmental Quality Act. 
Consistent with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), if a state or local agency determines that an activity identified in subdivision (a) will result in a significant impact on Pacific fisher, the agency should not approve the activity as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant impact on Pacific fisher. (See Public Resources Code, Section 21002.) Measures or project changes required as part of a state or local agency authorization to address significant impacts on Pacific fisher may include measures to conserve the species, including avoidance or preservation of habitat attributes relied on by the species. Voluntary measures to aid in the conservation of Pacific fisher shall also be encouraged. 
(c) Reporting. 
Any person, individual, organization, or public agency for which incidental take of Pacific fisher is authorized pursuant to subdivision (a), shall report observations and detections of Pacific fisher, including take, to the Department of Fish and Game on a semi-annual basis during the candidacy period. Observations, detections, and take of Pacific fisher pursuant to this subdivision for the previous six months shall be reported by the first day of March and the first day of September, respectively, during the candidacy period for Pacific fisher. Observations, detections, and take shall be reported pursuant to this subdivision to the Department of Fish and Game, Wildlife Branch, Attn: Fisher Observations, 1812 Ninth St., Sacramento, CA 95814, or by email submission to fisherdata@dfg.ca.gov. Information reported to the Department pursuant to this subdivision shall include as available: a contact name; the date and location (GPS coordinate preferred) of the observation, detection, or take; and details regarding the animal(s) observed. 
(d) Additions, Modifications or Revocation. 
(1) Incidental take of Pacific fisher from activities not addressed in this section may be authorized during the candidacy period by the Commission pursuant to Fish and Game Code Section 2084, or by the Department on a case-by-case basis pursuant to Fish and Game Code Section 2081, or other authority provided by law. 
(2) The Commission may modify or repeal this regulation in whole or in part, pursuant to law, if it determines that any activity or project may cause jeopardy to the continued existence of Pacific fisher. 
NOTE

Authority cited: Sections 200, 202, 240 and 2084, Fish and Game Code. Reference: Sections 200, 202, 240, 2080, 2084 and 2085, Fish and Game Code. 
HISTORY

1. New section filed 4-27-2009 as an emergency; operative 4-27-2009 (Register 2009, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-26-2009 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-22-2009 as an emergency; operative 10-27-2009 (Register 2009, No. 43). A Certificate of Compliance must be transmitted to OAL by 1-25-2010 or emergency language will be repealed by operation of law on the following day
3. New section refiled 1-14-2010 as an emergency; operative 1-26-2010 (Register 2010, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-26-2010 or emergency language will be repealed by operation of law on the following day.
§749.6. Incidental Take of Mountain Yellow-Legged Frog (Rana muscosa and Rana sierrae) During Candidacy Period.
Note     •     History

This regulation authorizes take as defined by Fish and Game Code section 86, of Mountain yellow-legged frog (Rana muscosa and Rana sierrae), subject to certain terms and conditions, during the species' candidacy under the California Endangered Species Act (Fish and Game Code, section 2050 et seq.). 
(a) Take Authorization. 
The Commission authorizes the take of Mountain yellow-legged frog during the candidacy period subject to the terms and conditions herein. 
(1) Scientific, Education or Management Activities. 
Take of Mountain yellow-legged frog incidental to scientific, education or management activities is authorized. 
(2) Scientific Collecting Activities. 
Take of Mountain yellow-legged frog authorized by a scientific collecting permit issued by the Department of Fish and Game pursuant to California Code of Regulations, Title 14, section 650, or a recovery permit issued by a federal wildlife agency pursuant to United States Code, Title 16, section 1539, subdivision (a)(1)(A), is authorized. 
(3) Activities to Protect, Restore, Conserve or Enhance. 
Take of Mountain yellow-legged frog incidental to otherwise lawful activities where the purpose of the activity is to protect, restore, conserve or enhance a species designated as an endangered, threatened, or candidate species under state or federal law, or such species' habitat is authorized. 
(4) Fish Hatchery and Stocking Activities. 
Take of Mountain yellow-legged frog incidental to fish hatchery and related stocking activities consistent with the project description and related mitigation measures identified in the Department of Fish and Game (Department) and U.S. Fish & Wildlife Service Hatchery and Stocking Program Joint Environmental Impact Report/Environmental Impact Statement (SCH. No. 2008082025), as certified by the Department on January 11, 2010, is authorized. 
(5) Wildland Fire Response and Related Vegetation Management. 
Take of Mountain yellow-legged frog incidental to otherwise lawful wildland fire prevention, response and suppression activities, including related vegetation management, is authorized. 
(6) Water Storage and Conveyance Activities 
Take of Mountain yellow-legged frog incidental to otherwise lawful water storage and conveyance activities is authorized. 
(7) Forest Practices and Timber Harvest.
Incidental take of Mountain yellow-legged frog is authorized for otherwise lawful timber operations. For purposes of this authorization, an otherwise lawful timber operation shall mean a timber operation authorized or otherwise permitted by the Z'Berg Nejedly Forest Practice Act (Public Resources Code, Section 4511 et seq.), the Forest Practice Rules of the Board of Forestry, which are found in Chapters 4, 4.5, and 10, of Title 14 of the California Code of Regulations, or other applicable law. The Z'Berg Nejedly Forest Practice Act and Forest Practice Rules can be found at the following website: http://www.fire.ca.gov/resource_mgt/resource_mgt_forestpractice.php. 
(b) Reporting. 
Any person, individual, organization, or public agency for which incidental take of Mountain yellow-legged frog is authorized pursuant to subdivision (a), shall report observations and detections of Mountain yellow-legged frog, including take, to the Department of Fish and Game on a semi-annual basis during the candidacy period. Observations, detections, and take shall be reported pursuant to this subdivision to the Department of Fish and Game, Fisheries Branch, Attn: Mountain yellow-legged frog observations, 830 S St., Sacramento, CA 95811, or by email submission to mylfdata@dfg.ca.gov. Information reported to the Department pursuant to this subdivision shall include as available: a contact name; the date and location (GPS coordinate preferred) of the observation, detection, or take; and details regarding the animal(s) observed. 
(c) Additions, Modifications or Revocation. 
(1) Incidental take of Mountain yellow-legged frog from activities not addressed in this section may be authorized during the candidacy period by the Commission pursuant to Fish and Game Code section 2084, or by the Department on a case-by-case basis pursuant to Fish and Game Code section 2081, or other authority provided by law. 
(2) The Commission may modify or repeal this regulation in whole or in part, pursuant to law, if it determines that any activity or project may cause jeopardy to the continued existence of Mountain yellow-legged frog. 
NOTE

Authority cited: Sections 200, 202, 205, 240 and 2084, Fish and Game Code. Reference: Sections 200, 202, 205, 240, 2080, 2084 and 2085, Fish and Game Code. 
HISTORY

1. New section filed 10-11-2010 as an emergency; operative 10-11-2010 (Register 2010, No. 42). A Certificate of Compliance must be transmitted to OAL by 4-11-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-6-2011 as an emergency; operative 4-12-2011 (Register 2011, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-11-2011 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-12-2011 as an emergency; operative 7-12-2011 (Register 2011, No. 28). A Certificate of Compliance must be transmitted to OAL by 10-10-2011 or emergency language will be repealed by operation of law on the following day.
§749.7. Incidental Take of Black-Backed Woodpecker (Picoides arcticus) During Candidacy Period.
Note     •     History

This regulation authorizes take, as defined by Fish and Game Code section 86, of the Black-backed woodpecker subject to certain terms and conditions during the species' candidacy under the California Endangered Species Act (Fish & G. Code, §2050 et seq.). 
(a) Take Authorization. 
The Commission authorizes the take of Black-backed woodpecker during the candidacy period subject to the terms and conditions herein. 
(1) Scientific, Education or Management Activities. 
Take of the Black-backed woodpecker incidental to scientific, education, or management activities is authorized. 
(2) Activities to Protect, Restore, Conserve or Enhance. 
Take of the Black-backed woodpecker incidental to otherwise lawful activities initiated to protect, restore, conserve, or enhance a state or federally threatened or endangered species and its habitat is authorized. 
(3) Wildland Fire Response and Related Vegetation Management. 
Take of the Black-backed woodpecker incidental to otherwise lawful wildland fire prevention, response, and suppression activities, including related vegetation management, is authorized. For purposes of this authorization, vegetation or fuels management activity shall mean an activity to reduce hazardous fuels and prevent or reduce the risk of wildland fires authorized or otherwise permitted by the Z'Berg Nejedly Forest Practice Act (Public Resources Code, Section 4511 et seq.), the Forest Practice Rules of the Board of Forestry, which are found in Chapters 4, 4.5, and 10, of Title 14 of the California Code of Regulations, the Wildland Fire Protection and Resources Management Act of 1978 (Public Resources Code, Section 4461-4480), the California Forest Improvement Act of 1978 (Public Resources Code, Section 4790 et seq.), the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or other applicable law. 
(4) Forest Practices and Timber Harvest. 
Take of the Black-backed woodpecker incidental to otherwise lawful timber operations is authorized. For purposes of this authorization, an otherwise lawful timber operation shall mean a timber operation authorized or otherwise permitted by the Z'Berg Nejedly Forest Practice Act (Public Resources Code, Section 4511 et seq.), the Forest Practice Rules of the Board of Forestry, which are found in Chapters 4, 4.5, and 10, of Title 14 of the California Code of Regulations, or other applicable law.
(b) Application of the California Environmental Quality Act. 
Consistent with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), if a state or local agency determines that an activity identified in subdivision (a) will result in a significant impact on the Black-backed woodpecker, the agency should not approve the activity as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant impact on the Black-backed woodpecker. (See Pub. Resources Code, §21002.) Measures or project changes required as part of a state or local agency authorization to address significant impacts on the Black-backed woodpecker may include measures to conserve the species, including avoidance or preservation of habitat attributes relied on by the species. Voluntary measures to aid in the conservation of the Black-backed woodpecker shall also be encouraged. 
(c) Reporting. 
Any person, individual, organization, or public agency for which incidental take of the Black-backed woodpecker is authorized pursuant to subdivision (a) shall report observations and detections of the Black-backed woodpecker, including take, to the Department of Fish and Game on a semi-annual basis during the candidacy period. Observations, detections, and take of the Black-backed woodpecker pursuant to this subdivision shall be reported on a semi-annual basis during the candidacy period for the Black-backed woodpecker. Observations, detections, and take shall be reported pursuant to this subdivision to the Department of Fish and Game, Wildlife Branch, Attn: Black-backed Woodpecker Observations, 1812 Ninth St., Sacramento, CA 95811, or by email submission to wildlifestrategy@dfg.ca.gov. Information reported to the Department pursuant to this subdivision shall include as available: a contact name; the date and location (GPS coordinates preferred) of the observation, detection, or take; and details regarding the animal(s) observed. 
(d) Additions, Modifications, or Revocation. 
(1) Incidental take of the Black-backed woodpecker from activities not addressed in this section may be authorized during the candidacy period by the Commission pursuant to Fish and Game Code Section 2084, or by the Department on a case-by-case basis pursuant to Fish and Game Code Section 2081, or other authority provided by law. 
(2) The Commission may modify or repeal this regulation in whole or in part, pursuant to law, if it determines that any activity or project may cause jeopardy to the continued existence of the Black-backed woodpecker. 
NOTE

Authority cited: Sections 200, 202, 240 and 2084, Fish and Game Code. Reference: Sections 200, 202, 240, 2080, 2084 and 2085, Fish and Game Code. 
HISTORY

1. New section filed 1-5-2012 as an emergency; operative 1-6-2012 (Register 2012, No. 1). A Certificate of Compliance must be transmitted to OAL by 7-5-2012 or emergency language will be repealed by operation of law on the following day. 
Chapter 4. Procedural Regulations for Implementation of the California Environmental Quality Act of 1970
Article 1. General
§750. Authority.
Note     •     History

These regulations are prescribed by the Director of the California Department of Fish and Game, the California Fish and Game Commission, and the California Wildlife Conservation Board, hereafter referred to as Fish and Game, under authority granted in Public Resources Code Section 21082 to implement, interpret, or make specific Sections 21000 through 21176 of the Public Resources Code (The California Environmental Quality Act of 1970--Division 13, Public Resources Code, 21000 et seq.) and Sections 15000 through 15203 of the California Administrative Code (Guidelines for Implementation of the California Environmental Quality Act of 1970--Division 6, Title 14, Cal. Adm. Code, Chap. 3) adopted by the California Resources Agency under Public Resources Code Section 21083.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
HISTORY

1. New Chapter 4 (Sections 750 through 781) filed 4-4-73 as an emergency; designated effective 4-4-73 (Register 73, No. 14).
2. Certificate of Compliance filed 7-11-73 (Register 73, No. 28).
3. Repealer of Chapter 4 (Articles 1-5, Sections 750-781) and new Chapter 4 (Articles 1-3, Sections 750-781) filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
§751. Short Title.
Note

Fish and Game CEQA Implementation Regulations.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. 
§752. Purpose.
Note

The purpose of these regulations is to further specify the objectives and criteria, and the procedures to be followed by Fish and Game in implementing the California Environmental Quality Act of 1970, hereinafter referred to as CEQA, and the Guidelines for Implementation of the California Environmental Quality Act of 1970, as adopted February 7, 1973 and all subsequent amendments thereto, hereinafter referred to as the State EIR Guidelines.
The State EIR Guidelines are incorporated into these regulations by reference, as though they are set out in full. These procedural regulations are to be used in conjunction with the State EIR Guidelines.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§753. Policy.
Note

As early as possible and in all cases prior to a decision concerning a project as defined in CEQA and the State EIR Guidelines, Fish and Game, acting as a lead agency (Section 21080.3 and 21080.4 of CEQA, Section 15030 of the State EIR Guidelines), or an agency with jurisdiction by law to exercise authority over natural resources which may be affected by the project (Section 21080.3 and 21080.4 of CEQA) will, in consultation with the public and appropriate federal, state, and local agencies, assess in detail the potential environmental impact of a project in order that adverse effects are avoided, and environmental quality is preserved, restored or enhanced to the fullest extent practicable. Project alternatives that will minimize significant adverse impact will be explored and evaluated in order to avoid to the fullest extent practicable undesirable consequences to the environment.
It is Fish and Game policy that consideration of the potential environmental impact of all actions is of the highest priority.
It is further Fish and Game policy to involve affected federal, state, and local agencies, private organizations, and members of the public to the fullest extent practicable in the environmental impact assessment process.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§753.5. Collection of Filing Fees.
Note     •     History

(a) Fee Schedule (also see subsection 753.5(g) of these regulations).
(1) Statutorily Exempt Projects: All projects statutorily exempt from the provisions of the California Environmental Quality Act shall incur no fee. (See sections 15260-15285, title 14, CCR.)
(2) Categorically Exempt Projects: All projects categorically exempt by regulations of the Secretary for Resources from the provisions of the California Environmental Quality Act shall incur no fee. (See sections 15300-15333, title 14, CCR.)
(3) No Effect Projects: All projects found by the department to have no effect on fish and wildlife resources shall incur no fee. (See subsections 753.5(c) and (d) of these regulations.)
(4) Negative Declaration Projects: All projects for which a negative declaration has been prepared pursuant to section 21080(c) of the Public Resources Code shall incur a fee of $1800, as adjusted annually pursuant to section 711.4 of the Fish and Game Code. Current fees are available on the department website and may be obtained by contacting the department. 
(5) Environmental Impact Report Projects: All projects for which an Environmental Impact Report (EIR) has been prepared pursuant to section 21151 of the Public Resources Code shall incur a fee of $2500, as adjusted annually pursuant to section 711.4 of the Fish and Game Code. Current fees are available on the department website and may be obtained by contacting the department. 
(6) Certified Regulatory Programs: All projects subject to a certified regulatory program pursuant to section 21080.5 of the Public Resources Code shall incur a fee of $850, as adjusted annually pursuant to section 711.4 of the Fish and Game Code. Current fees are available on the department website and may be obtained by contacting the department. 
(7) Notwithstanding sections 21080.5 and 21081 of the Public Resources Code, a project shall not be operative, vested, or final, and local government permits for the project shall not be valid, until the filing fees pursuant to this section are paid (See section 711.4(c)(3) of the Fish and Game Code.) 
(b) Parties Responsible for Payment of Fees.
Pursuant to subdivision 711.4(c) of the Fish and Game Code, all project applicants subject to the California Environmental Quality Act shall pay a filing fee for each project for which an EIR or negative declaration has been approved, and for projects subject to a certified regulatory program pursuant to section 21080.5 of the Public Resources Code. The following regulations apply to parties responsible for payment and collection of fees:
(1) Public Agencies Undertaking a Project: When a local, state, or regional public agency acts in its own proprietary capacity in undertaking a project, the local, state, or regional public agency shall be considered to be the applicant (section 15351, title 14, CCR) and be required to remit the fee.
(2) Private Entities or Special Districts Proposing Projects Subject to Environmental Review and Discretionary Approval by State or Local Government: When a state or local land use authority is granting a license, permit, or entitlement to a project applicant, the private entity or special district shall be considered to be the applicant and be required to remit the fee.
(3) A state agency collecting the filing fee shall remit the appropriate fee to the Office of Planning and Research at the time of filing a notice of determination pursuant to section 21108 of the Public Resources Code. 
(4) A local agency collecting the filing fee shall remit the appropriate fee to the county clerk at the time of filing a notice of determination pursuant to section 21152 of the Public Resources Code. 
(5) Project applicants subject to a certified regulatory program pursuant to section 21080.5 of the Public Resources Code shall remit the appropriate fee to the department before the filing of the notice of determination or equivalent final approval. 
(c) Fee Exemption for No Effect Projects.
Notwithstanding subsections 753.5(a)(4), (5), and (6) of these regulations, if the department finds that a project has no effect on fish and wildlife, then upon department issuance of a no effect determination no filing fee shall be paid for that project.
(1) Department Determination of No Effect: 
(A) The lead agency or project applicant should pre-screen their project using the factors in subsection 753.5(d) of these regulations prior to submitting a no effect determination request for purpose of receiving an exemption from filing fees. If a lead agency or applicant anticipates their project will have no effect on fish and wildlife, the appropriate department regional office shall be contacted, and the corresponding CEQA document shall be provided along with a written request containing a site description, project description, description of the project location, aerial and/or topographic map of the project site, State Clearinghouse number or county filing number if applicable, and applicant contact information. Documents submitted in digital format are preferred (e.g. compact disk). The written request should be submitted when the CEQA document is released for public review, or as early as possible in the public comment period. No effect determination requests submitted to the department should include sufficient documentation to support a no effect determination. If insufficient documentation is submitted to the department for the proposed project, a no effect determination will not be issued. The no effect determination in this section is solely for the purpose of determining filing fees. 
(B) For projects the department determines will have an effect on fish and wildlife, no additional actions are required by the department and filing fees shall be due and payable at the time the notice of determination is filed for EIRs and negative declarations, or filing fees shall be due and payable before the filing of a notice of determination or other final approval for a project subject to a certified regulatory program. 
(C) If the department determines a project will have no effect on fish and wildlife, the department shall provide a written no effect determination to the applicant. The applicant shall retain the no effect determination and file it in lieu of the fee at the time the notice of determination is filed, or before equivalent final approval is filed for projects subject to a certified regulatory program. 
(2) Upon receipt of the no effect determination for a specified project, the lead agency shall retain the original no effect determination as part of the environmental record and file two copies of the no effect determination with the county clerk along with the notice of determination as provided in section 21152 of the Public Resources Code pertaining to local agencies, or with the Office of Planning and Research as provided in section 21108 of the Public Resources Code, pertaining to state agencies.
(d) Projects Eligible for a No Effect Determination. 
For the purpose of assessment of CEQA filing fees, any project that causes a physical disturbance to habitat is not eligible for a no effect determination regardless of the magnitude of effect or the size of project. A filing fee is required regardless of whether the effect to habitat is considered positive or negative. The department may determine that a project would have no effect on fish and wildlife if all of the following apply: 
(1) The project would not result in or have the potential to result in harm, harassment, or take of any fish and/or wildlife species. 
(2) The project would not result in or have the potential to result in direct or indirect destruction, ground disturbance, or other modification of any habitat that may support fish and/or wildlife species. 
(3) The project would not result in or have the potential to result in the removal of vegetation with potential to support wildlife. 
(4) The project would not result in or have the potential to result in noise, vibration, dust, light, pollution, or an alteration in water quality that may affect fish and/or wildlife directly or from a distance. 
(5) The project would not result in or have the potential to result in any interference with the movement of any fish and/or wildlife species. 
(e) Collection Procedures for County Clerks.
(1) Applicants for projects with a local or regional lead agency shall remit to the county clerk on or before the filing of a notice of determination (see Public Resources Code, section 21152) either a department- issued no effect determination or the appropriate fee required under Fish and Game Code section 711.4(d) as adjusted annually. Without the appropriate fee or no effect determination, the notice of determination shall not be accepted by the county clerk and shall be returned to the lead agency with notification of fee requirement and a statement that, pursuant to section 21089(b) of the Public Resources Code, the project “is not operative, vested, or final until the filing fees ... are paid.”
(2) In the event of nonpayment of the documentary handling fee authorized under Fish and Game Code, section 711.4(e), the county clerk shall have the discretion to not accept a filing until the handling fee is paid. Upon rejection of any filing under this subsection, the clerk may return the notice of determination to the lead agency with notification of fee requirement.
(3) Only one fee shall be paid per project unless the project is tiered or phased, or separate environmental documents are required (Fish and Game Code section 711.4(g)). Separate environmental documents include EIRs, negative declarations, subsequent EIRs and negative declarations, and supplements to EIRs. Only one fee is required when an existing certified EIR is used for multiple project approvals that would result in no additional effect to fish and wildlife. An additional filing fee is required if approval of any separate environmental document would result in an effect on fish and wildlife not previously addressed in a certified EIR, Master EIR, Program EIR, Staged EIR, or General Plan EIR. 
(4) In the event a project requires multiple notices of determination by lead and/or responsible agencies, the fee shall be paid at or before the time the lead agency files the first notice of determination. Upon payment, the applicant shall retain the receipt for presentation to any additional agencies whose approval may be required. A copy of that receipt shall be attached to any additional notices of determination that may be required for the same project. The copy shall suffice as documentation that the fee was paid.
(5) All checks shall be payable to the county where the filing is made. The county in turn will deposit the checks into its treasury and remit the fees collected to the State Treasurer on a monthly basis.
(6) To maintain accountability and to track all project applications, the department has developed press numbered and fill and print Environmental Filing Fee Cash Receipts (Form FG 753.5a - 07/08). These cash receipts, or a department approved alternative cash receipt, shall be used in conjunction with county clerk collection procedures. The original receipt shall be issued to a project applicant when payment is made in conjunction with filing a notice of determination (Public Resources Code, section 21152). The first copy shall be submitted to the department on a monthly basis. Remaining copies shall be retained by the county (one for the lead agency and one for the county clerk).
(7) Alternative receipts must provide the same information as Form DFG 753.5a, contain four copies for distribution, and be submitted to the department for approval prior to use. The department shall issue a letter of approval to the requesting county if the alternative receipt contains all required information. 
(8) For projects that are statutorily or categorically exempt (sections 15260-15285, 15300-15333, title 14, CCR) and are filed with the county clerk, the Environmental Filing Fee Cash Receipt shall be completed and attached to the notice of exemption in order to ensure accountability in section 753.5(e)(6) above. The cash receipt shall indicate “project that is exempt from fees.” If a documentary handling fee of $50.00 is charged by the county clerk, the receipt shall so indicate.
(9) For projects that the department has found to have no effect on fish and wildlife, it is mandatory that a copy of the no effect determination, signed by an authorized representative of the department, be attached to the notice of determination.
(10) Within 30 days after the end of each month in which the filing fees are collected, each county shall summarize and record the amount collected on the monthly State of California Form No. CA 25 (TC 31) report (available from State Controller's office) and remit the amount collected to the State Treasurer. IDENTIFY THE REMITTANCE ON THE STATE OF CALIFORNIA FORM NO.  CA 25 (TC 31) AS “ENVIRONMENTAL DOCUMENT FILING FEES” PER FISH AND GAME CODE, SECTION 711.4. DO NOT COMBINE THE ENVIRONMENTAL FEES WITH THE STATE SHARE OF FISH AND GAME FINES. The following documents shall be mailed by the county clerk to the Department of Fish and Game, Accounting Services Branch, 1416 Ninth Street, Box 944209, Sacramento, California 94244-2090, on a monthly basis:
(A) A photocopy of the monthly State of California Form No. CA 25 (TC 31);
(B) Department copies of all cash receipts (including all voided receipts);
(C) A copy of all no effect determinations;
(D) A copy of all notices of determination filed with the county during the preceding month; and
(E) The name, address and telephone number of all project applicants for which a notice of determination has been filed. The address provided must correspond with a physical location locatable by the post office and county assessor's office. If this information is contained on the cash receipt filed with the department under section 753.5(e)(6) above, no additional information is required.
(f) Retention of Records.
In order to ensure that records are available for department audit and accountability purposes, the documents required by these regulations (section 753.5(e)(10)(A) through (E)) shall be retained for a period of 12 months. The county clerk shall make available to the department and its representatives, for purposes of inspection and review, any and all of its books, papers, documents and other records. The aforesaid records shall be available for inspection and review during regular business hours.
(g) Cost Recovery by County Clerks.
(1) The county clerk is authorized pursuant to Fish and Game Code section 711.4(e) to charge a documentary handling fee for each environmental document received by the clerk pursuant to Public Resources Code section 21152.
(2) If the county is acting in its capacity as a “lead agency” and the cost of complying with these filings and remittance activities exceeds $50.00 per document, the county clerk is authorized under Public Resources Code section 21089(a) to charge and recover the estimated costs incurred by the clerk at the time the lead agency files the notice of determination or exemption as required under Public Resources Code, section 21152. If collected at the same time as environmental filing fees, these costs may be identified on the cash receipt filed with the department under section 753.5(e)(6). 
(h) Collection Procedures - Statutory Assessment.
(1) Unpaid Fee Defined - An unpaid fee shall for the purposes of this regulation be defined as failure to remit the fees due under Fish and Game Code section 711.4(d) to the county clerk at the time of filing a notice of determination pursuant to Public Resources Code section 21152; failure to remit the fees due under Fish and Game Code section 711.4(d) to the Office of Planning and Research at the time of filing a notice of determination pursuant to Public Resources Code section 21108; or failure to remit the fees due under Fish and Game Code section 711.4(d) to the department for a certified regulatory program before the time of filing a notice of determination or other final approval pursuant to Public Resources Code section 21080.5.
(2) If the county clerk or Office of Planning and Research accepts a notice of determination without the required filing fee or no effect determination, the unpaid fee is a statutory assessment and such assessment is final pursuant to Revenue and Taxation Code section 6757(b)(4) upon the date the county clerk or the Office of Planning and Research accepts the notice of determination or approval.
(3) The department may actively audit counties and bill applicants directly for unpaid fees. 
(4) Enforceable Lien - Upon non-payment of the Environmental Filing Fee as required under Fish and Game Code section 711.4(d) by any person as defined under Revenue and Taxation Code, section 6005, the amount of the liability including penalties, interest, and any costs shall thereupon be a perfected and enforceable statutory lien subject to Chapter 14 commencing with section 7150 of the Government Code.
NOTE

Authority cited: Sections 702 and 711.4, Fish and Game Code. Reference: Sections 702, 710.5 and 711.4, Fish and Game Code.
HISTORY

1. New section filed 1-22-91 as an emergency, operative 1-22-91 (Register 91, No. 10). A Certificate of Compliance must be transmitted to OAL by 5- 27-91 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-22-91 order with amendments transmitted to OAL 6-20-91 and filed 6-20-91 (Register 91, No. 42).
3. Amendment of section and repealer of forms DFG 753.5 and DFG 753.5a filed 6-16-2009; operative 7-16-2009 (Register 2009, No. 25).
Article 2. Fish and Game As Lead Agency
§754. Environmental Review Procedures.
Note

The following procedures shall be used when Fish and Game has been designated as the lead agency pursuant to the State EIR Guidelines. (Sec. 15065).
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§755. Determination of Lead Unit.
Note

The Fish and Game unit having the lead role for the environmental evaluation process shall be that unit with the primary responsibility for 
proposing to carry out or recommending approval of a project, and shall have responsibility for ensuring that the evaluation process as set forth in CEQA, the State EIR Guidelines, and these procedures is followed. In the event that a project requires joint proposal or approval of two or more Fish and Game units, then the unit executives shall meet and determine which shall be the lead unit, and what information and other assistance shall be provided by the other responsible units. (Sec. 15065).
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§756. Applicability of CEQA.
Note

The lead unit shall determine whether or not a proposed action is in fact a “project” as defined by CEQA, and necessitates CEQA compliance. (Sec. 15037).
“Project” means the whole of an action which has a potential for resulting in a direct or indirect physical change in the environment as follows:
(a) Activities directly undertaken by Fish and Game;
(b) Activities undertaken by a person which are supported in whole or in part through contracts, grants, subsidies, loans or other forms of assistance provided by Fish and Game;
(c) Activities involving the issuance to Fish and Game of a lease, permit, license, certificate or other entitlement for use by one or more public agencies.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§757. Exempt Projects.
Note     •     History

Planning and feasibility studies, ministerial projects, and classes designated by the State EIR Guidelines as “Categorical exemptions” are considered exempt from the provisions of CEQA. It is further modified by the State EIR Guidelines to exclude emergencies (Section 15071), legislative proposals (Section 15037(b)(2)), continuing administrative or maintenance activities (Section 15037(b)(3)), and “where it can be seen with certainty that the activity in question will not have a significant effect on the environment” (Section 15060). In addition, these guidelines are not applicable to those Fish and Game Commission programs or activities that are exempted from CEQA through certification by the Secretary for Resources under the provisions of Section 21080.5 CEQA.
The lead unit shall determine which projects are exempt and shall prepare a Notice of Exemption. This notice shall be forwarded from the lead unit to ESB for review, and from there to the Director's office. If the exemption is approved, it shall then be forwarded and filed with the Resources Agency. The filing of a notice of exemption starts a 35 day statute of limitations period on legal challenges. A copy shall be filed in ESB files and a copy returned to the lead unit. If the exemption is not approved, the lead unit will be notified. Specific exemptions include:
(a) Feasibility and Planning Studies. Feasibility and planning studies are exempted by Section 21102 of CEQA. This section provides that funds shall not be requested or authorized for any project, other than a project involving only feasibility or planning studies for possible future actions not approved, adopted, or funded, which may have a significant effect on the environment, unless an impact report has been prepared. However, environmental factors are to be considered during such studies.
(b) Ministerial Projects. Ministerial projects are exempted from CEQA by Section 21080(b). Ministerial projects, as defined in the Section 15032 of the State EIR Guidelines, include those activities defined as projects which are undertaken or approved by a governmental decision which a public officer or public agency makes upon a given state of facts in a prescribed manner in obedience to the mandate of legal authority. The following activities of Fish and Game are hereby considered to be ministerial projects as authorized by Section 15192(b) of the State EIR Guidelines:
(1) Issuance of fishing and hunting licenses, stamps, and tags, falconry licenses, and trapping licenses;
(2) Actions concerning enforcement of the Fish and Game Code and other State laws;
(3) Licensing of pheasant clubs, commercial hunting clubs, and domesticated migratory waterfowl shooting areas;
(4) Issuance of the following permits: domesticated fish breeder's permit; fish transportation permit; suction dredge permit; fish importation permit; private fish stocking permit; depredation permit; explosives permit; scientific collecting permit; bird banding permit; migratory waterfowl feeding permit; permit to import and possess prohibited species of wild animals; permit for Indians to transport game off reservations; permit for Commission approval for taking of deer; permit to take or herd birds or mammals with the aid of vehicles or aircraft.
Other projects may be ministerial and the determination of this status shall be made by Fish and Game on a case-by-case basis, depending upon analysis of the laws relevant to the project.
(c) Categorical Exemptions. Categorical exemptions are those classes of projects which are exempted from the requirements of CEQA, through adoption by the Secretary for Resources (Public Resources Code Section 21084). These exemptions have been made upon a finding that the projects will have no significant effect on the environment. This finding has been made as stated in Section 15100 et seq. of the State EIR Guidelines. Classes concerning Fish and Game and particular projects to which they apply are as follows:
(1) Class 1: Existing Facilities. Class 1 consists of the operation, repair, or maintenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to:
(A) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances;
(B) Existing streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities except where the activity will involve removal of a scenic resource including but not limited to a stand of trees, a rock outcropping, or an historic building;
(C) Restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood;
(D) Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structure before the addition or alteration, or 2,500 square feet, whichever is less; or, 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and, the area in which the project is located is not environmentally sensitive;
(E) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features (including navigational devices) where these devices do not have or result in an adverse environmental impact;
(F) New copy on existing on-and-off-premise signs;
(G) Maintenance of existing landscaping, native growth and water supply reservoirs (including the use of economic poisons, as defined in Division 7, Chapter 2, California Agriculture Code);
(H) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife watering devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources;
(I) Production and stocking of fish and wildlife but not including the introduction of new species;
(J) Demolition and removal of individual small structures listed in this subsection except where the structures are of historical, archaeological or architectural significance:
1. Single family residences not in conjunction with the demolition of two or more units;
2. Apartments and duplexes designed for not more than four dwelling units if not in conjunction with the demolition of two or more such structures;
3. Offices, if designed for an occupant load of 10 persons or less, if not in conjunction with the demolition of two or more such structures;
4. Accessory (appurtenant) structures including but not limited to garages, carports, roof structures, workshops, storage buildings, well houses, aerators, feed bins, fences, patios and public restroom facilities;
(K) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources.
(2) Class 2: Replacement or Reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to:
(A) Fish hatcheries;
(B) Office buildings;
(C) Residences;
(D) Streamflow maintenance dams;
(E) Public restroom facilities;
(3) Class 3: New Construction of Small Structures. Class 3 consists of construction and location of single, new facilities or structures and installation of new equipment and facilities including but not limited to:
(A) Single family residences not in conjunction with the building of two or more such units.
(B) Offices and laboratories if designed for an occupant load of 20 persons or less if not in conjunction with the building of two or more such structures.
(C) Accessory (appurtenant) structures including garages, carports, public restroom facilities, workshops, storage buildings, feed bins, roof structures, aerators, and well houses.
(4) Class 4: Minor Alterations to Land. Class 4 consists of minor public or private alterations in the condition of land, water and/or vegetation which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to:
(A) Grading on land with a slope of less than 10 percent or under one acre, except where it is to be located in a waterway, in any wetland, in an officially designated (by Federal, State, or local governmental action) scenic area, in officially mapped areas of severe geologic hazard, or, in the habitat of a rare or endangered species of fish or wildlife;
(B) New gardening or landscaping but not including tree removal;
(C) Filling of earth into previously excavated land with material compatible with the natural features of the site;
(D) Minor alterations in land, water and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production;
(E) Minor temporary uses of land having negligible or no permanent effects on the environment.
(5) Class 5: Alterations in Land Use Limitations. Class 5 consists of minor alterations in land use limitations in areas with less than a 20% slope, which do not result in any changes in land use or density, including but not limited to:
(A) Minor lot line adjustments, side yard and set back variances not resulting in the creation of any new parcel;
(B) Issuance of minor encroachment permits;
(C) Reversion to acreage in accordance with the Subdivision Map Act.
(6) Class 6: Information Collection. Class 6 consists of basic data collection, research, experimental management and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be for strictly information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded, including but not limited to:
(A) Fish and wildlife life history studies, including collection or marking of animals and obtaining data on the vital statistics of fish and wildlife populations and their use by man;
(B) Measurement and monitoring of pesticides, heavy metals, thermal discharges, and other pollutants, including bioassays and testing of oil spill cleanup agents;
(C) Experimental development and evaluation of fish and wildlife habitat;
(D) Experimental introduction of exotic species, experimental fish and wildlife culture and stocking, and transplants of native and established species;
(E) Evaluation of the effects of fish and wildlife protection or enhancement facilities or measures (e.g. fish screens, vegetation removal from spawning areas, deer escape devices in canals);
(F) Research on fish and wildlife diseases and parasites;
(G) Studies of the impact of land and water use changes on fish and wildlife;
(H) Habitat inventory programs.
(7) Class 7: Actions by Regulatory Agencies for Protection of Natural Resources. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Examples include but are not limited to:
(A) Actions to close areas to hunting and sport fishing;
(B) Approval of ecological reserves and wildlife management areas (but not acquisition or development);
(C) Elimination or control of undesirable species, including chemical treatment of streams, lakes and reservoirs;
(D) Vegetation development, manipulation, or fertilization to increase habitat productivity for fish and wildlife, including controlled burning;
(E) Botulism and other disease control measures;
(F) Development of springs and waterholes and artificial wildlife watering devices for fish and wildlife maintenance or enhancement purposes.
Construction activities are not included in this exemption.
(8) Class 8: Actions by Regulatory Agencies for Protection of the Environment. Class 8 consists of actions taken by regulatory agencies as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities are not included in this exemption.
(9) Class 9: Inspections. Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health or safety of a project, including:
(A) Related activities such as inspection for possible mis-labeling, mis-representation or adulteration of products;
(B) Live freshwater fish and marine shellfish importation inspection;
(C) Fish disease inspection;
(D) Game bird farm inspections;
(E) Inspections of private and public zoological gardens.
(10) Class 10: Loans. Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions.
(11) Class 11: Accessory Structures. Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to:
(A) On-premise signs;
(B) Small parking lots;
(C) Placement of seasonal or temporary use items such as portable restrooms, checking stations, or other facilities designed for public use.
(12) Class 12: Surplus Government Property Sales. Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide interest or potential area of critical concern as identified in the Governor's Environmental Goals Policy Report prepared pursuant to Government Code 65041 et seq. However, if the surplus property to be sold is located in those areas identified in the Governor's Environmental Goals and Policy Report, its sale is exempt if:
(A) The property does not have significant values for wildlife habitat or other environmental purposes; and,
(B) Any of the following conditions exist:
1. The property is of such size or shape that it is incapable of independent development or use, or
2. The property to be sold would qualify for an exemption under any other class of categorical exemption in Article 8 of these guidelines, or
3. The use of the property and adjacent property has not changed since the time of purchase by the public agency.
(13) Class 13: Acquisition of Lands for Wildlife Conservation Purposes. Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition.
(14) Class 14: Minor Additions to Schools. Class 14 consists of minor additions to existing schools within existing schoolgrounds where the addition does not increase original student capacity by more than 25% or five classrooms, whichever is less. The addition of portable classrooms is included in this exemption.
(15) Class 15: Minor Land Divisions. Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have a slope greater than 20%.
(16) Class 16: Transfer of Ownership of Land in Order to Create Parks. Class 16 consists of the acquisition or sale of land in order to establish a park where the land is in a natural condition or contains historic sites or archaeological sites and either:
(A) The management plan for the park has not been prepared, or
(B) The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological site. CEQA will apply when a management plan is proposed that will change the area from its natural condition or significantly change the historic or archaeological site.
(17) Class 17: Open Space Contracts or Easements. Class 17 consists of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area. The cancellation of such preserves, contracts, interests or easements is not included.
(18) Class 18: Designation of Wilderness Areas. Class 18 consists of the designation of wilderness areas under the California Wilderness System.
(19) Class 19: Annexations of Existing Facilities and Lots for Exempt Facilities. Class 19 consists of only the following annexations:
(A) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities.
(B) Annexation of individual small parcels of the minimum size for facilities exempted by Section 15103, New Construction of Small Structures.
(20) Class 20: Changes in Organization of Local Agencies. Class 20 consists of changes in the organization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Examples include but are not limited to:
(A) Establishment of a subsidiary district;
(B) Consolidation of two or more districts having identical powers;
(C) Merger with a city of a district lying entirely within the boundaries of the city.
(21) Class 21: Enforcement Actions by Regulatory Agencies. Class 21 consists of actions by regulatory agencies to enforce or revoke a lease, permit, certificate, or other entitlement for use issued, adopted or prescribed by the regulatory agency of law, general rule, standard, or objective, administered or adopted by the regulatory agency. Such actions include, but are not limited to, the following:
(A) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard, or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement.
(B) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective.
Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption.
(22) Class 22: Educational or Training Programs Involving No Physical Changes. Class 22 consists of the adoption, alteration, or termination of educational or training programs which involve physical changes only in the interior of existing school or training structures. Examples include, but are not limited to:
(A) Development of or changes in curriculum or training methods;
(B) Changes in the grade structure in a school which do not result in changes in student transportation.
(23) Class 23: Normal Operations of Facilities for Public Gatherings. Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same kind of purpose. Facilities included within this exemption include, but are not limited to racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools and amusement parks.
(24) Class 24: Regulation of Working Conditions. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following:
(A) Employee wages;
(B) Hours of work; or
(C) Working conditions where there will be no demonstrable physical changes outside the place of work.
(25) Class 25: Transfers of Ownership of Interests in Land to Preserve Open Space. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space. Examples include but are not limited to:
(A) Acquisition of areas to preserve the existing natural conditions;
(B) Acquisition of areas to allow continued agricultural use of the areas;
(C) Acquisition to allow restoration of natural conditions;
(D) Acquisition to prevent encroachment of development into flood plains.
(26) Class 26: Acquisition of Housing for Housing Assistance Programs. Class 26 consists of actions by a redevelopment agency, housing authority, or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units. The housing units may be either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units.
(27) Class 27: Leasing New Facilities. Class 27 consists of the leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency where the local governing authority determined that the building was exempt from CEQA. To be exempt under this section, the proposed use of the facility:
(A) Shall be in conformance with existing State plans and policies and with general, community, and specific plans for which an EIR or Negative Declaration has been prepared;
(B) Shall be substantially the same as that originally proposed at the time the building permit was issued;
(C) Shall not result in a traffic increase of greater than 10% of front access road capacity; and
(D) Shall include the provision of adequate employee and visitor parking facilities;
(E) Examples of Class 27 include but are not limited to:
1. Leasing of administrative offices in newly constructed office space;
2. Leasing of client service offices in newly constructed retail space;
3. Leasing of administrative and/or client service offices in newly constructed industrial parks.
All of the exemptions listed above are inapplicable if the cumulative impact over a period of time has a significant effect on the environment.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
HISTORY

1. Repealer of subsection (b)(3) and subsection renumbering filed 2-23-2000; operative 3-24-2000 (Register 2000, No. 8).  
2. Amendment of subsection (b)(4) filed 4-26-2001 as an emergency; operative 4-26-2001 (Register 2003, No. 9). A Certificate of Compliance must be transmitted to OAL by 8-24-2001 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction adding History 2 (Register 2003, No. 9). 
4. Reinstatement of section as it existed prior to 4-26-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2003, No. 9).  
§758. Initial Study.
Note

If a project for which Fish and Game has assumed the role of Lead Agency is subject to the requirements of CEQA, and not found to be exempt, the lead unit shall conduct an Initial Study to determine if the project may have a significant effect on the environment unless the lead unit can determine that the project will clearly have a significant effect.
If any aspects of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an EIR must be prepared. All phases of project planning, implementation, and operation must be considered in the Initial Study of the project. To meet the requirements of this section, the Lead Agency may use an Initial Study prepared pursuant to the National Environmental Policy Act. The purposes, contents, uses, submission of data, format and consultation required shall be in accordance with Section 15080 of the State EIR Guidelines.
Early consultation shall include all responsible agencies, agencies with legal jurisdiction over natural resources affected by the project, and appropriate Fish and Game personnel, including Regional Environmental Services Supervisors and/or Environmental Services Branch.
Information from the Initial Study and comments obtained through consultation shall assist the lead unit in determining whether or not the project may have a significant effect on the environment.
If any aspects of the project, either individual or cumulative, may cause a significant effect on the environment, and EIR must be prepared. If no significant effects are found, a Statement of Negative Declaration is required.
(a) Purposes. The purposes of an Initial Study are to:
(1) Identify environmental impacts;
(2) Enable modification of a project, mitigating adverse impacts before an EIR is written:
(3) Focus an EIR, if one is required, on potentially significant environmental effects;
(4) Facilitate environmental assessment early in the design of a project;
(5) Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment;
(6) Eliminate unnecessary EIRs.
(b) Contents. An Initial Study shall contain in brief form:
(1) A description of the project;
(2) An identification of the environmental setting;
(3) An identification of environmental effects by use of a checklist, matrix, or other method;
(4) A discussion of ways to mitigate the significant effects identified, if any;
(5) An examination of whether the project is compatible with existing zoning and plans;
(6) The name of the person or persons who prepared or participated in the Initial Study.
(c) Uses.
(1) The Initial Study shall be used to provide a written determination of whether a Negative Declaration or an EIR shall be prepared for a project.
(2) Where a project is revised in response to an Initial Study so that potential adverse effects are mitigated to a point where no significant environmental effects would occur, a Negative Declaration shall be prepared instead of an EIR. If the project would still result in one or more significant effects on the environment after mitigation measures are added to the project, an EIR shall be prepared.
(3) The EIR shall emphasize study of the impacts determined to be significant and can omit further examination of those impacts found to be clearly insignificant in the Initial Study.
(d) Submission of Data. If the project is to be carried out by a private person or private organization, Fish and Game may require such person or organization to submit data and information which will facilitate preparation of the Initial Study.
(e) Determining Significant Effect.
(1) The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved based to the extent possible on scientific and factual data. Prior to determining whether a Negative Declaration or Environmental Impact Report is required for a project, the lead unit will consult with all responsible agencies and all Trustee Agencies responsible for resources affected by the project as required by Section 15066(b) of the State EIR Guidelines. If a substantial body of opinion considers the effects of the project to be adverse, Fish and Game should prepare an EIR to explore the environmental effects involved.
(2) In evaluating the significance of the environmental effect of a project, the responsible Fish and Game unit shall consider both primary or direct and secondary or indirect consequences. Primary consequences are immediately related to the project (the construction of a new treatment plant may facilitate population growth in a particular area), while secondary consequences are related more to primary consequences than to the project itself (an impact upon the resource base, including land, air, water and energy use of the area in question may result from the population growth).
(f) Mandatory Findings of Significance. A project shall be found to have a significant effect on the environment if:
(1) The project has the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory.
(2) The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals;
(3) The project has possible environmental effects which are individually limited but cumulatively considerable. As used in this subsection, “cumulatively considerable” means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects;
(4) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly.
During this Initial Study, the lead unit should consult with other appropriate Fish and Game personnel, including Regional Environmental Services Supervisors and/or the Environmental Services Branch for assistance.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§759. Preparation and Filing of Negative Declaration.
Note

A Negative Declaration shall be prepared for a project which could potentially have a significant effect on the environment, but which Fish and Game finds on the basis of an Initial Study will not have a significant effect on the environment. Before completing a Negative Declaration, Fish and Game shall consult with all responsible agencies pursuant to Section 15066 of the State EIR Guidelines. This consultation shall be accomplished through transmittal of the results of the Initial Study to the agencies by a memorandum from the Director requesting their comments and recommendations on the proposed Negative Declaration. Coordination and staff assistance to the Lead Unit will be the responsibility of the Environmental Services Branch. The Negative Declaration shall include:
(a) A brief description of the project; including a commonly used name for the project, if any;
(b) The location of the project and the name of the project proponent;
(c) A finding that the project will not have a significant effect on the environment;
(d) An attached copy of the Initial Study documenting reasons to support the finding;
(e) Mitigation measures, if any, included in the project to avoid potentially significant effects.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§760. Staff Review of Negative Declarations.
Note

Immediately upon completion, two copies of a Draft Negative Declaration shall be submitted to the Environmental Services Branch (ESB) for review. ESB will review the document, coordinate with other Branches and Regions as appropriate, and forward the document and a letter of comment to the Director. This review will be completed within 10 days of receipt.
(a) If the document is acceptable, ESB will notify the lead unit. This unit will then prepare a Notice of Intent and a Draft Negative Declaration for transmittal to the Secretary for Resources, a Notice of Intent and 25 copies of the Draft Negative Declaration for transmittal to the local agency or clearinghouse, and copies of the Draft Negative Declaration, as appropriate, for transmittal to other involved units of the Department.
(b) If the document requires revisions, ESB will notify the lead unit. The responsible unit will make the appropriate revisions and resubmit the Draft Negative Declaration to ESB for the Director's approval.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§761. Notice of Preparation.
Note

Notice of the Preparation of Negative Declaration shall be provided to the public within a reasonable period of time prior to final adoption by the Department of the Negative Declaration. Notice shall be given to all organizations and individuals who have previously requested such notice, including responsible agencies and shall also be given by at least one of the following procedures:
(a) Publication by the public agency in a newspaper of general circulation in the area affected by the proposed project;
(b) Posting of notice by the public agency on and off site for a period of at least two weeks in the area where the project is to be located;
(c) Direct mailing to owners of property contiguous to the project. The alternatives for providing notice as specified above shall not preclude Fish and Game from providing additional notice by other means if it so desires, nor shall the requirements of this section preclude the Fish and Game from providing the public notice required herein at the same time and the same manner as public notice otherwise required by law for such project.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§762. Notice of Determination.
Note

After making a decision to carry out or approve a project for which a Negative Declaration has been prepared, the responsible unit shall file a Notice of Determination with a copy of the Negative Declaration attached. The Notice of Determination shall include:
(a) The decision of the agency to approve or disapprove the project;
(b) The determination of the agency whether the project will have a significant effect on the environment; and
(c) A statement that no EIR has been prepared pursuant to the provisions of CEQA.
The notice of determination shall be filed with the Secretary for Resources. The filing of the Notice of Determination with the Secretary for Resources starts a 30 day statute of limitations on court challenges to the approval under CEQA [Section 21167(b)].
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§763. State, Federal and Public Review.
Note

Filing the Negative Declaration with the Secretary for Resources and State Clearinghouse shall provide an opportunity for Federal, State and local agencies and members of the public to respond to the findings. Copies of the Negative Declaration shall be available for public inspection upon request during normal Department working hours at 1416 Ninth Street, Sacramento, or may be requested through regional offices of the Department of Fish and Game. If no objections to the project are received within 45 days, the project will be approved, unless there has been a request for a specific reasonable extension of time. Within 10 days after project approval, a Notice of Determination shall be transmitted from the Director of the Department of Fish and Game to the Secretary of Resources.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§764. Decision to Prepare an EIR.
Note

If the Department of Fish and Game finds after an Initial Study that the project may have a significant effect on the environment, Fish and Game must prepare or cause to be prepared an Environmental Impact Report. An EIR should be prepared whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment. An EIR should be prepared when there is serious public controversy concerning the environmental effect of a project. Controversy not related to an environmental issue does not require the preparation of an EIR.
The purpose of EIRs is set forth in Section 15012 of the State EIR Guidelines stating in part:
“An Environmental Impact Report is an informational document which, when fully prepared in accordance with the CEQA and these guidelines, will inform public decision-makers and the general public of the environmental effects of the projects they propose to carry out or approve.”
(a) Early Consultation.
(1) Before completing a draft EIR consisting of the information specified in Sections 15141, 15142, and 15143 of the State EIR Guidelines, Fish and Game shall consult with all Responsible Agencies. In addition, if it has not already done so, Fish and Game should also consult directly with any person or organization it believes will be concerned with the environmental effects of the project. Many public agencies have found that early consultation solves many potential problems that would arise in more serious form later in the review process.
(2) For projects where federal involvement might require preparation of a federal EIS, Fish and Game should consult with the appropriate federal agency on the need for an EIS. If both an EIR and EIS are needed, the documents should be prepared jointly where federal regulations or procedures allow, or the EIR should be prepared pursuant to Section 15063 of the State EIR Guidelines. Preparation of a separate EIR and EIS for the same project should be avoided, if possible.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§765. Contents of EIRs.
Note

The contents of Draft EIRs and Final EIRs are prescribed in Sections 15140 and 15150 of the State EIR Guidelines. The title of a Draft EIR shall begin with the statement, “Draft Environmental Impact Report,” followed by the project name.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§766. Procedure.
Note

In the preparation of a Draft EIR, as with the Initial Study, the author may consult with the Regional Environmental Services Supervisor and/or the Environmental Services Branch for assistance. When preparing an EIR for a non-governmental person, such person shall be required to submit data and information required by Sections 15141-15145 of the State EIR Guidelines. All such data and information may be submitted in the form of a Draft EIR, however, Fish and Game assumes responsibility for the adequacy and objectivity of the EIR.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§767. Staff Review.
Note

Immediately upon completion, two copies of a Draft shall be submitted to ESB for review. ESB will review the document, coordinate with other Branches and Regions as appropriate, and forward the document and a letter of comments to the Director. This review will be completed within 10 to 60 days of receipt, depending on the project scope.
(a) If the document is acceptable, ESB will notify the lead unit. This unit will then prepare a Notice of Intent and a Draft EIR for transmittal to the Secretary for Resources, a Notice of Intent and 25 copies of the Draft EIR for transmittal to the local agency or clearinghouse, and copies of the Draft EIR, as appropriate, for transmittal to other involved units of the Department.
(b) If the document requires revisions, ESB will notify the lead unit and resubmit the Draft EIR to the Director for approval.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§768. Fees for the Preparation and Processing of EIRs.
Note

When Fish and Game prepares and processes an EIR under the requirements of Section 15037(a)(2) or 15037(a)(3) of the State EIR Guidelines, an initial fee shall be levied and collected from the project proponent before undertaking the preparation of the EIR.
(a) The minimum initial fee shall be based upon Fish and Game's estimated expenses in preparing the EIR. A detailed account of the derivation of this estimate shall be provided to the project proponent.
(b) Fish and Game shall separately account for the initial fee collected and the changes thereto. The status of the account shall be provided to the project proponent at regular periodic intervals established by mutual agreement. If, during the preparation of the EIR, it is determined that the costs will exceed the initial fee, the project proponent shall be required to pay the additional amount in advance of the work funded thereby. A final accounting shall be rendered by Fish and Game after the Final EIR is considered and adopted.
(c) If in the final accounting the initial fee exceeds the actual costs incurred by Fish and Game for the preparation and processing of the EIR, the excess shall be refunded. If the actual costs exceed the amount of the initial fee, the project proponent shall be billed for the difference.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. 
§769. Advance Notice to Secretary for Resources.
Note

A Notice of Completion and a copy of the Draft EIR shall be filed with the Secretary for Resources at least three working days before release of the draft EIR for state, federal and public review, in accordance with Section 15085(c) of the State EIR Guidelines.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. 
§770. State, Federal and Public Review.
Note

Filing the Draft EIR with the Secretary for Resources and State and local clearinghouses shall provide an opportunity for Federal, State and local agencies and members of the public to respond. EIRs shall be available for public inspection upon request during normal working hours at 1416 Ninth Street, Sacramento, or may be requested through Regional offices of the Department of Fish and Game. Copies shall be made available to the general public for the actual cost of reproducing such copies.
(a) In accordance with Section 15160 of the State Guidelines, Fish and Game shall provide a minimum of 45 calendar days between release of the Draft EIR and the final date for receipt of comments. ESB shall specify the length of the review period after considering the physical and environmental complexities of the proposed project. Unless there has been a request for a specific reasonable extension of time, only those comments received within the review period shall be considered.
(b) Whenever a public hearing is held on the project as a part of the review and approval process, hearings on the Draft EIR shall be included. In all other cases, the Director shall determine the need for public hearings on the Draft EIR in accordance with Section 15165 of the State Guidelines. Such public hearings shall not be held until at least 45 days after release of the Draft EIR for review and comment.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. 
§771. Final EIR Preparation.
Note

Fish and Game lead unit shall evaluate significance of comments received and shall respond to those comments found to raise significant environmental points, and incorporate comments and responses in the Final EIR, in accordance with Sections 15085(d), 15085(e), and 15146(a) of the State EIR Guidelines.
(a) The form of the Final EIR shall be that deemed most appropriate by the Director. The title of a Final EIR shall begin with the statement, “Final Environmental Impact Report,” followed by the project name. All comments and responses shall be either an attachment to the EIR or incorporated within a revised EIR in accordance with Section 15146(b) of the State Guidelines.
(b) In accordance with Section 15166 of the State EIR Guidelines, comments received shall be maintained in the files of Fish and Game for a reasonable period.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. 
§772. Final EIR Review.
Note

In accordance with Sections 1060 and 1070 of the State Administrative Manual, the final EIR will be submitted with a second Notice of Completion to OPR, the Agency Secretaries, the State Library, and other appropriate public agencies. At least 14 days shall be allowed for these agencies to object to the adequacy with which the Final EIR met objections or recommendations made on the project during the review of the Draft EIR.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§773. Processing of Final EIR.
Note

As required by Section 15085(g) of the State Guidelines, the final EIR shall be presented to the Director of the department. The Director shall certify that the final EIR has been completed in compliance with CEQA and the State EIR Guidelines and that he has reviewed and considered the information contained in the EIR.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§774. Findings.
Note

Fish and Game shall not approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant effects of the project unless the public agency makes one or more of the following written findings for each of those significant effects, accompanied by a statement of the facts supporting each finding.
(a) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR.
(b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
(c) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR.
These findings required by Section 774 shall be supported by substantial evidence in the record.
The finding in subsection (b) shall not be made if Fish and Game has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§775. Statement of Overriding Considerations.
Note

In accordance with Section 15089 of the State EIR Guidelines, if a project is approved for which serious adverse environmental consequences have been identified in an EIR, a statement may be made identifying the other interests that warrant approval. If such a statement is made, it should be included in the record of the project approval and may be attached to the Notice of Determination.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§776. Notice of Determination.
Note

Within ten days after the decision on a project, Fish and Game shall file a Notice of Determination with the Secretary for Resources in accordance with Section 15085(g) of the State EIR Guidelines.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§777. Final EIR to Local Planning Agencies.
Note

At the time of filing the Notice of Determination with the Secretary for Resources, Fish and Game shall file a copy of the final EIR with the local planning agencies as specified in Section 15085(i) of the State EIR Guidelines.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. 
Article 2.5. Certified Regulatory Program for Adoption of Regulations
§777.5. Purpose.
Note     •     History

(a) This Article sets forth the procedure governing the Department of Fish and Game's (the “Department”) adoption of regulations which may have a significant effect on the environment.
(b) These regulations are adopted by the Department to implement the procedures provided for under California Public Resources Code section 21080.5, which exempts a regulatory program certified by the Secretary of the Resources Agency from certain requirements of the California Environmental Quality Act (“CEQA”), when the regulatory program requires the preparation of a plan or other written documentation containing environmental information which is functionally similar to that required under CEQA.
(c) These regulations are adopted by the Department pursuant to the authority established by the Department's enabling legislation, as set forth in the California Fish & Game Code, including, but not limited to, section 702.
(d) If the Resources Agency declines to certify the regulatory program under California Public Resources Code section 21080.5, or if the Resources Agency revokes that certification, then this Article will no longer apply to the Department of Fish and Game's adoption of regulations.
NOTE

Authority cited: Section 702, Fish and Game Code. Reference: Section 21080.5, Public Resources Code.
HISTORY

1. New article 2.5 (sections 777.5-777.9) and section filed 8-27-98; operative 8-27-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
§777.6. Contents of Initial Statement of Reasons.
Note     •     History

(a) When the Department proposes to adopt, amend, or repeal a standard or regulation that falls within Section 777.5(a), above, the Department shall prepare and make available an Initial Statement of Reasons to accompany the proposed Department regulations, as required by Government Code section 11346.2.
(b) In addition to the information required by Government Code section 11346.2, the Initial Statement of Reasons shall contain the following material:
(1) A description of the proposed regulations and any possible significant adverse effects of the proposed regulations on the environment. If there are no significant adverse effects, the description shall so state. Such statement shall be supported by documentation describing the possible effects that the Department examined in reaching its conclusion.
(2) A statement of feasible alternatives to the proposed regulations and mitigation measures available to substantially lessen any significant or potentially significant adverse effect of the proposed regulations on the environment; or a statement that, because the Department's review of the proposed regulations showed that the proposed regulations would not have any significant or potentially significant effects on the environment, no alternatives or mitigation measures are proposed to avoid or reduce significant effects on the environment. Such statement shall be supported by documentation describing the possible effects that the Department examined in reaching its conclusion.
NOTE

Authority cited: Section 702, Fish and Game Code. Reference: Section 21080.5(d)(2), Public Resources Code.
HISTORY

1. New section filed 8-27-98; operative 8-27-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
§777.7. Circulation of Notice and Initial Statement of Reasons; Solicitation of Comments and Consultation with Agencies Which Have Jurisdiction by Law; Subsequent Notices.
Note     •     History

(a) The Initial Statement of Reasons and the proposed regulations shall be available for review and comment by other public agencies and the general public, as required by Government Code section 11346.8. The public review period shall be at least forty-five (45) days.
(b) Notice of the proposed action and availability of the Initial Statement of Reasons and the proposed regulations shall be mailed and published at least 45 days before the close of the public comment period, as required by Government Code section 11346.4. Such notice shall comply with Government Code section 11346.5 and shall include a request for input by the public and other public agencies.
(c) After the Notice is published, the Department shall consult with all other public agencies which have jurisdiction by law with respect to the activities involved in the proposed regulations.
(d) If changes or additions to the proposed regulations are made or if material is added to the record, subsequent notice and opportunity for comment by the public and other public agencies shall be provided as required by Government Code section 11346.8.
NOTE

Authority cited: Section 702, Fish and Game Code. Reference: Section 21080.5(d)(2)(iii) and (iv), Public Resources Code.
HISTORY

1. New section filed 8-27-98; operative 8-27-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
§777.8. Evaluation and Adoption of Proposed Regulations.
Note     •     History

(a) When preparing the Initial Statement of Reasons, the Department shall evaluate proposed regulations for consistency with the Department's enabling legislation. The Department's evaluation shall be set forth in writing in the Initial Statement of Reasons.
(b) When evaluating proposed regulations, the Department shall utilize an interdisciplinary approach that will ensure the integrated use of the natural and social sciences in decision making, consistent with the environmental protection purposes of the Department's enabling statute. The evaluation shall address both short-term and long-term effects on the environment, and shall also address growth-inducing effects and any potential cumulative effects.
(c) Any proposed regulations for which significant adverse environmental effects have been identified during the review process shall not be approved or adopted as proposed if there are feasible mitigation measures or feasible alternatives available which would avoid or substantially lessen any significant adverse effect which the proposed regulations may have on the environment, in accordance with Public Resources Code section 21081.
(d) If the analysis identifies significant adverse environmental effects for which feasible mitigation measures are not available, it shall also include a statement describing any specific environmental, economic, legal, social, technological, or other benefits which might justify the significant environmental effects of the proposed regulations.
(e) In addition to meeting the requirements of Government Code section 11346.9(a)(3), if comments are received from other public agencies and members of the public during the evaluation process which raise significant environmental points, the Department shall summarize and respond to such comments in writing prior to taking final action on the proposed regulations and such written responses shall be included in the record of the rulemaking proceeding.
NOTE

Authority cited: Section 702, Fish and Game Code. Reference: Sections 21080.5(d)(2)(i), (ii) and (iv), and 21081, Public Resources Code.
HISTORY

1. New section filed 8-27-98; operative 8-27-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
§777.9. Notice of Decision.
Note     •     History

(a) A notice of the final decision by the Department, which indicates whether the proposed regulations will, or will not, have a significant effect on the environment, shall be filed with the Secretary of the Resources Agency. The notice of the final decision shall be available for public inspection, and a list of the notices will be posted on a weekly basis in the Office of the Resources Agency, and will remain posted for a period of thirty (30) days.
NOTE

Authority cited: Section 702, Fish and Game Code. Reference: Section 21080.5(d)(2)(v), Public Resources Code.
HISTORY

1. New section filed 8-27-98; operative 8-27-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
Article 3. Fish and Game Review Procedures for EIRs and Negative Declarations
§778. General.
Note

The nature and extent of Fish and Game's review of EIRs and Negative Declarations will be determined by the following conditions:
(a) Fish and Game has legal jurisdiction with respect to a project as it affects natural resources which are held in trust for the people of the State of California.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§779.5. Review of Projects Affecting Natural Resources Held in Public Trust--Early Consultation.
Note

Under conditions specified in Section 21080.3 of CEQA, a lead agency shall consult with Fish and Game prior to the decision of whether an EIR or Negative Declaration is required. Comments shall be provided by the responsible regional unit.
Section 21080.4 of CEQA requires lead agencies to send a Notice of Determination to Fish and Game if an EIR is required. Upon receipt of such notice ESB personnel shall send the Notice to the responsible regional unit. This unit shall specify the scope and content of environmental information germane to Fish and Game statutory responsibilities and identify specific concerns with the project. The above information shall be provided in writing to ESB for review within 40 days of the date on the Notice of Determination. ESB shall obtain appropriate signatures and forward Fish and Game comments to the Resources Agency within 45 days of the date on the Notice of Determination.
In order for the environmental review process of a project to be timely and complete, the responsible regional unit of Fish and Game may request one or more meetings between representatives of agencies involved in the project. In addition, the responsible unit shall attend any such meeting requested by the lead agency or any other agency involved in the project. Such meetings shall be convened as soon as possible, but no later than 30 days, after they have been requested.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§780. Review of Draft EIRs and Negative Declarations.
Note

Fish and Game in reviewing environmental documents, shall focus on the sufficiency of the EIR in accordance with Section 15161(c) of the State EIR Guidelines. Comments should focus on any shortcomings in the EIR. The appropriateness of using a Negative Declaration, or additional alternatives or mitigation measures which the document should include. Comments shall be provided by the regional unit to ESB for review. If the comments are sufficient, appropriate signatures shall be obtained, and the comments forwarded to the Resources Agency for incorporation into other Agency comments, if any. If the comments are not sufficient, regional unit personnel and ESB personnel shall coordinate to complete the comments before obtaining necessary signatures.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§780.5. Review of Final EIRs and Negative Declarations.
Note

The same procedure shall be used to review final documents as is used to review draft documents.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§781. Designation of Contact Person.
Note

Under the conditions and procedures specified above, Fish and Game shall supply with its comments the name of a Fish and Game contact person in accordance with Section 15161(d) of the State EIR Guidelines.
NOTE

Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.
§781.5. Regulation Procedure.
Note     •     History

(a) When the department submits a recommendation to the commission with regard to adopting regulations which may have a significant effect on the environment, or it is anticipated that a substantial body of opinion will reasonably consider the environmental effect to be adverse, the recommendation shall be presented in written form containing:
(1) The proposal,
(2) Reasonable alternatives to the proposal, and
(3) Mitigation measures to minimize any significant adverse environmental impacts of the proposal.
(b) Recommendations from the department shall consider the relevant portions of policies declared by the state legislature and the commission dealing with the management of fish and wildlife resources.
(c) Recommendations received from any person other than the department shall be considered as a comment on, or counter proposal to, the recommendations received from the department, and a written response shall be prepared by the department.
(d) The commission will evaluate proposals according to how well the recommendations would achieve the purposes and policies of fish and wildlife management described in the Fish and Game Code, and in Division 1, Title 14, California Administrative Code.
(e) After receipt of the recommendation from the department, the commission shall consult with all other public agencies having jurisdiction by law with respect to the activities involved in the recommendation.
(f) Notice of the filing of the recommendation by the department shall be made to the public following the statutory requirements of the Fish and Game Code. The notification shall be provided early enough that people will have at least 30 days, or until the next meeting, whichever occurs first, to respond to the recommendation before the commission takes its action. Notice shall also be mailed to any person who requests in writing such notification.
(g) The commission will not adopt regulations as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment, unless specific economic, social or other conditions make infeasible such project alternatives or such mitigation measures.
(h) The final action on the adopting of regulations shall include the written response of the commission to significant environmental points raised during the evaluation process by other public agencies and members of the public. Responses to comments received prior to the final public meeting when the commission must take its action will be prepared in writing prior to the meeting. Responses to comments received at the final meeting may be made orally by the commission during the meeting. Such oral responses will be included in the official written minutes of the meeting.
(i) Notice of the adoption of a regulation adopted pursuant to Section 21080.5, Public Resources Code, shall be filed with the Secretary for Resources. The notice shall be available for public inspection and shall remain posted for a period of 30 days.
NOTE

Authority cited: Section 21080.5, Public Resources Code, and Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code, and Section 15050 of the State EIR Guidelines.
HISTORY

1. New section filed 10-19-76; effective thirtieth day thereafter (Register 76, No. 43).
2. Amendment of subsection (a) filed 3-15-77 as an emergency; effective upon filing (Register 77, No. 12).
3. Certificate of Compliance filed 7-8-77 (Register 77, No. 28).
4. Amendment of subsection (a) filed 7-8-77; effective thirtieth day thereafter (Register 77, No. 28).
5. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
6. Renumbering of Section 3.90 to Section 781.5 filed 2-17-82; designated effective 3-1-82 (Register 82, No.8).
Chapter 5. Fish and Game Commission, Wildlife Conservation Board, and Department of Fish and Game—Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Section 11344, that the printing of the regulations constituting the Conflict of Interest Code is impractical and these regulations being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations:

FISH AND GAME COMMISSION
1416 NINTH ST.
SACRAMENTO, CALIFORNIA 95814

WILDLIFE CONSERVATION BOARD
1807 13TH STREET, SUITE 201
SACRAMENTO, CALIFORNIA 95814

DEPARTMENT OF FISH AND GAME
1416 NINTH ST.
SACRAMENTO, CALIFORNIA 95814

FAIR POLITICAL PRACTICES COMMISSION
428 “J” STREET, SUITE 450
SACRAMENTO, CALIFORNIA 95814

ARCHIVES
SECRETARY OF STATE
1020 “O” ST.
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Chapter 5 of Title 14 of the California Code of Regulations, and consists of sections numbered and titled as follows:

		Section
		782.	General Provisions
			Appendix
NOTE

Authority cited: Section 87300 and 87304, Government Code. Reference: Sections 87300, et seq., Government Code.
HISTORY

1. New Chapter 5 (Articles 1-5, Sections 782-786.7) filed 11-9-77; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 10-4-77 (Register 77, No. 46).
2. Repealer of Chapter 5 (Article 1-4, Sections 782-786.7) and new Chapter 5 (Section 782 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Amendment of Appendix filed 1-20-87; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 10-14-86 (Register 87, No.4).
4. Amendment of Appendix filed 1-21-93; operative 2-22-93. Submitted to OAL for printing only pursuant to Government Code section 11343.8. Approved by Fair Political Practices Commission 11-9-92 (Register 93, No. 4).
5. Amendment of chapter heading, contact information, section and Appendix filed 6-9-2005; operative 7-9-2005. Approved by Fair Political Practices Commission 4-4-2005 (Register 2005, No. 23). 
Chapter 6. Regulations for Implementation of the California Endangered Species Act
Article 1. Take Prohibition; Permits for Incidental Take of Endangered Species, Threatened Species and Candidate Species
§783.0. Purpose and Scope of Regulations.
Note     •     History

This article implements Section 2080 and Section 2081 of the Fish and Game Code. This article does not affect the Department's authority to authorize take pursuant to any other provision of this division.
NOTE

Authority cited: Sections 702 and 2081(d), Fish and Game Code. Reference: Sections 2080 and 2081, Fish and Game Code.
HISTORY

1. New chapter 6, article 1 (sections 783.0-783.8) and section filed 12-30-98; operative 12-30-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
§783.1. Prohibitions.
Note     •     History

(a) No person shall import into this State, export out of this State or take, possess, purchase, or sell within this State, any endangered species, threatened species, or part or product thereof, or attempt any of those acts, except as otherwise provided in the California Endangered Species Act, Fish and Game Code Section 2050, et seq. (“CESA”), the Native Plant Protection Act, the Natural Community Conservation Planning Act, the California Desert Native Plants Act, or as authorized under this article in an incidental take permit.
(b) Subsection (a) applies to any species designated as a candidate species under Section 2074.2 of the Fish and Game Code if the Commission has issued notice under Section 2074.4.
(c) Department wildlife management activities. The possession or take of endangered, threatened, or candidate species by employees and agents of the Department for scientific, educational and management purposes, and for law enforcement purposes, is not prohibited.
(d) Take of insects. The take of insects and other invertebrates that are not fish as defined in the Fish and Game Code is not prohibited.
NOTE

Authority cited: Sections 702, 1001, 2081(a) and 2081(d), Fish and Game Code. Reference: Sections 2080, 2085, 2062 and 2067, Fish and Game Code. 
HISTORY

1. New section filed 12-30-98; operative 12-30-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
§783.2. Incidental Take Permit Applications.
Note     •     History

(a) Permit applications. Applications for permits under this article must be submitted to the Regional Manager. Each application must include all of the following:
(1) Applicant's full name, mailing address, and telephone number(s). If the applicant is a corporation, firm, partnership, association, institution, or public or private agency, the name and address of the person responsible for the project or activity requiring the permit, the president or principal officer, and the registered agent for the service of process.
(2) The common and scientific names of the species to be covered by the permit and the species' status under CESA, including whether the species is the subject of rules and guidelines pursuant to Section 2112 and Section 2114 of the Fish and Game Code.
(3) A complete description of the project or activity for which the permit is sought.
(4) The location where the project or activity is to occur or to be conducted.
(5) An analysis of whether and to what extent the project or activity for which the permit is sought could result in the taking of species to be covered by the permit.
(6) An analysis of the impacts of the proposed taking on the species.
(7) An analysis of whether issuance of the incidental take permit would jeopardize the continued existence of a species. This analysis shall include consideration of the species' capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (A) known population trends; (B) known threats to the species; and (C) reasonably foreseeable impacts on the species from other related projects and activities.
(8) Proposed measures to minimize and fully mitigate the impacts of the proposed taking.
(9) A proposed plan to monitor compliance with the minimization and mitigation measures and the effectiveness of the measures.
(10) A description of the funding source and the level of funding available for implementation of the minimization and mitigation measures.
(11) Certification in the following language:
I certify that the information submitted in this application is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to suspension or revocation of this permit and to civil and criminal penalties under the laws of the State of California.
(b) Information requirements; consultation with Department. Responses to the requirements of section 783.2(a)(5)-(a)(9) shall be based on the best scientific and other information that is reasonably available. At an applicant's request, the Department shall, to the greatest extent practicable, consult with the applicant regarding the preparation of a permit application in order to ensure that it will meet the requirements of this article when submitted to the Department. An analysis prepared pursuant to state or federal laws other than CESA that meets the requirements of section 783.2 and 783.3 may be submitted in an incidental take permit application.
NOTE

Authority cited: Sections 702 and 2081(d), Fish and Game Code. Reference: Section 2081(b) and (c), Fish and Game Code.
HISTORY

1. New section filed 12-30-98; operative 12-30-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
§783.3. Compliance with the California Environmental Quality Act.
Note     •     History

(a) Department as responsible agency. In general, the Department will be a responsible agency for purposes of issuing an incidental take permit where another public agency must approve the project or activity for which the permit is sought and the other agency has taken the lead agency role for purposes of compliance with the California Environmental Quality Act, Public Resources Code section 21000, et seq. (“CEQA”). Where the Department will be a responsible agency for purposes of CEQA, the following must be included in the permit application required by section 783.2:
(1) The name, address, telephone number and contact person of the lead agency.
(2) A statement as to whether an environmental impact report, negative declaration, mitigated negative declaration, initial study has been prepared or is being considered, or whether another document prepared pursuant to a regulatory program certified pursuant to Public Resources Code section 21080.5 (and listed in title 14, California Code of Regulations, section 15251) has been prepared or is being considered.
(3) At the option of the applicant, a notice of preparation, notice of determination, or draft or final environmental document may be attached.
(b) Department as lead agency. In general, the Department will act as the lead agency for purposes of CEQA where issuance of the incidental take permit is the only public agency action subject to CEQA that will be taken with regard to the project or activity for which the permit is sought. Where the Department will act as a lead agency for purposes of issuing an incidental take permit, the permit applicant, in addition to the information required by section 783.2, shall provide sufficient information to enable the Department to determine whether the project or activity for which a permit is sought, as proposed, may result in significant adverse environmental effects in addition to the impacts of taking analyzed pursuant to section 783.2, and, if so, whether feasible alternatives or feasible mitigation measures would avoid or substantially lessen any such significant adverse effects. In such cases, each application shall include an analysis of all potentially significant adverse environmental effects which may result from the project or activity, and either (1) a discussion of feasible alternatives and feasible mitigation measures to avoid or substantially lessen any significant adverse environmental effects or (2) a statement that, because the applicant's analysis of the proposed project showed that the proposed project would not have any significant or potentially significant effects on the environment, no alternatives or mitigation measures are proposed to avoid or substantially lessen significant effects on the environment. This statement shall be supported by documentation describing the potential effects examined in reaching this conclusion. If the analysis identifies significant adverse environmental effects for which feasible mitigation measures are not available, it shall also include a statement describing any specific environmental, economic, legal, social, technological, or other benefits which might justify the significant environmental effects of the project or activity. The analysis and information required by this section shall be provided to the Department as soon as reasonably practicable following the submission of a permit application.
NOTE

Authority cited: Sections 702 and 2081(d), Fish and Game Code; and Section 21080.5, Public Resources Code. Reference: Section 2081(b), Fish and Game Code; and Sections 21002.1, 21069, 21080.1, 21080.3, 21080.4, 21080.5 and 21165, Public Resources Code.
HISTORY

1. New section filed 12-30-98; operative 12-30-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
§783.4. Incidental Take Permit Review Standards.
Note     •     History

(a) Issuance criteria. If an application is submitted in accordance with section 783.2 and section 783.3, the Director shall decide whether or not an incidental take permit should be issued. A permit may only be issued if the Director finds that:
(1) The take authorized by the permit will be incidental to an otherwise lawful activity.
(2) The applicant will minimize and fully mitigate the impacts of the take authorized under the permit. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the applicant's objectives to the greatest extent possible. All required measures shall be capable of successful implementation. For purposes of this section only, impacts of taking include all impacts on the species that result from any act that would cause the proposed taking.
(3) The permit will be consistent with any regulations adopted pursuant to Fish and Game Code Sections 2112 and 2114.
(4) The applicant has ensured adequate funding to implement the measures required under the permit to minimize and fully mitigate the impacts of the taking, and to monitor compliance with, and the effectiveness of, the measures.
(b) No incidental take permit shall be issued pursuant to this article if issuance of the permit would jeopardize the continued existence of the species. The Department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species' capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of 
(1) known population trends;
(2) known threats to the species; and
(3) reasonably foreseeable impacts on the species from other related projects and activities.
(c) Permit conditions. Every permit issued under this article shall contain such terms and conditions as the Director deems necessary or appropriate to meet the standards in this section. In determining whether measures are capable of successful implementation, the Director shall consider whether the measures are legally, technologically, economically and biologically practicable. This provision does not preclude the use of new measures or other measures without an as yet established record of success which have reasonable basis for utilization and a reasonable prospect for success.
NOTE

Authority cited: Sections 702 and 2081(d), Fish and Game Code. Reference: Sections 2081(b) and (c), Fish and Game Code.
HISTORY

1. New section filed 12-30-98; operative 12-30-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
§783.5. Incidental Take Permit Process.
Note     •     History

(a) The Director shall review and render a decision regarding incidental take permit applications in accordance with this section. On-site inspections by the Department may be required prior to a final decision by the Director.
(b) Initial review. The Department shall complete an initial review of each incidental take permit application within 30 days of receipt. If the Department determines that the application is complete, it shall notify the applicant that the application has been accepted and shall commence review of the permit application in accordance with section 783.5(c) or section 783.5(d), as applicable. This determination shall be based solely on whether the applicant has provided information responsive to each required element of sections 783.2 and 783.3 and shall not be based on the merits of the application. If an incomplete or improperly executed application is submitted, the Department shall return the application to the applicant with a description of the deficiency. The applicant shall have 30 days from receipt of the returned application to correct the deficiency and re-submit the application. If the Department takes no action within 30 days of receipt, the application shall be deemed complete. The Department may require supplementary information during the application review process after the application is determined to be complete, or is deemed complete, pursuant to this subsection.
(c) Department as CEQA responsible agency. If the Department is a responsible agency for purposes of CEQA, the Department shall act in accordance with California Code of Regulations, title 14, section 15096 and other applicable provisions of CEQA and the CEQA Guidelines, California Code of Regulations, title 14, section 15000, et seq.. The Director shall decide whether an incidental take permit can be issued under this article, in accordance with CEQA and the CEQA Guidelines, based on a review of the application; the environmental impact report, mitigated negative declaration or negative declaration, or other environmental documentation prepared pursuant to a regulatory program certified pursuant to Public Resources Code section 21080.5 (and listed in title 14, California Code of Regulations, section 15251), prepared by the lead agency; the lead agency's findings under Section 21081 of the Public Resources Code; and any other available, relevant information included in the record by the Department.
(1) If the Department determines that it will not proceed with any of the actions specified in California Code of Regulations, title 14, section 15096(e), the Director shall approve the application and issue a permit, or deny an application, in accordance with this article as soon as possible and no later than the latest of the following dates:
(A) 90 days from the date on which the lead agency approved the activity. However, the Department shall, at the request of the applicant, commence processing the application as soon as the information necessary to commence the processing is available.
(B) 90 days from the date on which the application was accepted as complete by the Department.
(C) If the Department makes a written finding that additional time is necessary due to the complexity of the application or the scope and duration of the requested permit, the 90 day periods for acting upon the permit application may be extended an additional 60 days to at total of 150 days.
(2) If the Director decides to approve the application, the Director shall make findings substantiating compliance with section 783.4 and shall make the findings required of a CEQA responsible agency under California Code of Regulations, title 14, section 15096(h). The Director shall then issue the incidental take permit. Within five working days after the issuance or amendment of a permit, the Department shall file a notice of determination under California Code of Regulations, title 14, section 15096(i).
(3) If the Director decides to deny the application, the Director shall return the application to the applicant with a written statement of the basis for the denial and a description of any measures the Director deems necessary in order for the application to be approved.
(d) Department as lead agency. If the Department is the lead agency under CEQA for purposes of issuing an incidental take permit, the application shall be reviewed, and approved or denied in accordance with this subsection. The Director shall approve an application and issue a permit, or deny the application , under this subsection no later than 120 days from the date on which the completed application is accepted as complete by the Department; provided, however, that the Department may extend this time to no later than 180 days from the date the application is accepted upon a written finding that the extension is necessary due to the complexity of the application or the scope and duration of the requested permit.
(1) Review of environmental analysis. After accepting a completed application, the Department shall review the analysis submitted by the applicant pursuant to section 783.3 and make any revisions that the Director deems necessary or appropriate to comply with CEQA.
(2) Notice of Public Availability of application.
(A) Public review and comment. Once the Department has reviewed and revised the analysis, it shall make the application and analysis available for public review at the headquarters of the region in which the application was submitted and shall distribute copies of a Notice of Public Availability. A minimum of 30 days following distribution of the Notice of Public Availability shall be allowed for public review and comment regarding the application. The Notice of Public Availability shall include the following:
1. the name of the applicant;
2. a brief description of the project or activity for which the permit is sought and its location;
3. the common and scientific names of the species to be covered by the permit;
4. the date on which the Department accepted the application;
5. a description of how copies of the application and analysis can be obtained;
6. the name and telephone number of a contact person within the Department who can answer questions regarding the application; and
7. a statement that the Department seeks written comments from the public regarding the application and analysis, an address to which the comments should be sent, and the deadline for submission of the comments.
(B) Distribution of notice. Copies of the Notice of Public Availability shall be distributed as follows:
1. A copy shall be sent to the office of the County Clerk of the county in which the proposed project or activity would take place and, if applicable, to the planning department of the city with jurisdiction over the project or activity, for posting at the customary place for posting environmental matters.
2. If the Director determines that the proposed project or activity is of Statewide significance, a copy shall be filed with the Office of Planning and Research.
3. A copy shall be sent to any other person upon written request.
4. Copies of the Notice of Public Availability may also be posted or made available at such other locations as the Director deems desirable and feasible to provide adequate public notice. 
(3) Consultation. Concurrent with the distribution of the Notice of Public Availability, the Department shall consult with, and request written comments from, all public agencies with jurisdiction by law over the project or activity for which the permit is sought.
(4) Response to comments. The Department shall prepare a written summary and response to all significant environmental points raised during review of the application. 
(5) Issuance of permit. The Director's decision regarding the application shall be based on the application and analysis, the written summary and response to significant environmental points, and any other available, relevant information included in the record by the Department. The Director shall determine whether or not to issue an incidental take permit pursuant to this article and, in addition, shall determine whether the project or activity, as proposed, may result in any significant adverse environmental effects in addition to the impacts of taking species to be covered by the permit, and, if so, whether feasible alternatives or feasible mitigation measures would avoid or substantially lessen any significant adverse effects. The Director shall not approve the application, as proposed, if there are feasible mitigation measures or alternatives which would substantially reduce any significant adverse effects. If significant adverse effects will likely result even after the inclusion of feasible mitigation measures or alternatives, the Director may approve the application if the Director first makes findings in accordance with the provisions of Section 21081 of the Public Resources Code. 
(A) If the Director decides to approve the application, the Director shall make findings substantiating compliance with section 783.4 and this subsection (d)(5). The Director shall then issue the incidental take permit. 
(B) If the Director decides to deny the application, the Director shall return the application to the applicant with a written statement of the basis for the permit denial and a description of any measures the Director deems necessary in order for the application to be approved.
(6) Notice of decision. Within five working days of issuing an incidental take permit or denying an application under this subsection(d), the Director shall file a Notice of Decision, which indicates whether the proposed permit will, or will not, have a significant effect on the environment, with the Secretary of the Resources Agency. The Notice of Decision shall include a statement that the Director approved the application and has issued an incidental take permit, or that the Director denied the application.
NOTE

Authority cited: Sections 702 and 2081(d), Fish and Game Code; and Section 21080.5, Public Resources Code. Reference: Section 2081(b), Fish and Game Code; and sections 21002.1, 21069, 21080.1, 21080.3, 21080.4, 21080.5 and 21165, Public Resources Code.
HISTORY

1. New section filed 12-30-98; operative 12-30-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
§783.6. General Permit Conditions.
Note     •     History

The following provisions apply to all permits issued under this article.
(a) Assignment or transfer of permit. 
(1) Except as provided in subsection (a)(2) below, no incidental take permit shall be assigned or transferred without the written consent of the Department, which shall not be unreasonably withheld.
(2) With written notice to the Department, any permit may be assigned or transferred without the approval of the Department in the following circumstances:
(A) The sale, merger, annexation, consolidation or other acquisition of an institutional, corporate or public entity permit holder by another entity.
(B) The transfer of a permit from a natural person to the institutional, corporate, or public employer of such individual.
(C) As security for a debt under the provision of any mortgage, deed of trust, indenture, bank credit agreement, or similar instrument.
(b) Renewal of permits. 
(1) Applicants for renewal must submit a written application to the Regional Manager at least 60 days prior to the expiration date of the permit. Applicants must certify in writing that all statements and information in the original application remain current and correct, unless previously changed or corrected. If the information is no longer current or correct, the applicant must provide corrected information.
(2) Renewal criteria. The Director shall renew a permit if the application meets the standards in section 783.4.
(3) Continuation of permitted project or activity. Any person holding a valid, renewable, incidental take permit who has submitted a timely application for renewal, may continue the activities authorized by the expired permit until the Director has acted on such person's application for renewal.
(c) Amendment of permit.
(1) Permittee's request. Where circumstances have changed so that a permittee desires to have any condition of a permit modified, such permittee must submit an application and supporting information in conformity with this article.
(2) Department amendments. The Department may amend any permit at any time during its term with the concurrence of the permittee, or as required by law. The Department shall amend a permit as required by law regardless of whether the permittee concurs with such amendment.
(3) Change of name or address. A permittee is not required to amend a permit or obtain a new permit if there is a change in the legal individual or business name, or in the mailing address of the permittee. A permittee is required to notify the Regional Manager within 10 calendar days of such change. This provision does not authorize any change in location of the conduct of the permitted project or activity when approval of the location is a qualifying condition of the permit.
(4) Minor permit amendments. Amendments that would not significantly modify the scope or nature of the permitted project or activity or the minimization, mitigation or monitoring measures in an incidental take permit, as determined by the Department, shall be considered minor permit amendments. Minor permit amendments shall be approved and incorporated into the incidental take permit, or denied, by the Director within 60 days of the permittee's submission of an application for amendment. If the Director approves a minor permit amendment, the Department shall not impose any new permit condition or modify any existing permit condition except when the new or modified condition:
(A) relates solely to the minor permit amendment,
(B) is required by changes in the law, or
(C) is needed to make existing permit conditions consistent with the proposed amendment.
(5) Major permit amendments. Amendments that would significantly modify the scope or nature of the permitted project or activity or the minimization, mitigation or monitoring measures in an incidental take permit, or require additional environmental review pursuant to Public Resources Code, section 21166, or California Code of Regulations, title 14, section 15162, as determined by the Department, shall be considered major permit amendments. Requests for major permit amendments shall be reviewed according to the process established for initial permit applications, except that the information and analysis provided in support of an application for a major permit amendment may rely on and supplement the information and analysis used in the initial permit application. 
(6) Approval standard. The Director shall approve any minor or major permit amendment if the amended permit would continue to meet the standards in section 783.4.
(d) Alteration of permit. Permits shall not be altered, erased, or mutilated, and any permit which has been altered, erased, or mutilated shall immediately become invalid.
(e) Display of permit. Permits shall be displayed for inspection upon request by the Director or the Director's agents.
(f) Surrender of permit. Any person holding a permit shall surrender such permit to the Department upon notification that the permit has been suspended or revoked and all appeal procedures have been exhausted.
NOTE

Authority cited: Sections 702 and 2081(d), Fish and Game Code. Reference: Section 2081(b), Fish and Game Code.
HISTORY

1. New section filed 12-30-98; operative 12-30-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
§783.7. Permit Suspension and Revocation.
Note     •     History

(a) Criteria for suspension. The privileges of exercising some or all of the permit authority may be suspended at any time if the permittee is not in compliance with the conditions of the permit. Any action to suspend any privileges under an incidental take permit shall be limited so as to address the discrete action or inaction that has resulted in the suspension, to the extent consistent with the species protection purposes of the permit.
(b) Criteria for revocation. The Director may begin procedures to revoke a permit if the permittee fails within 60 days of written notification pursuant to subsection (c)(3) to correct deficiencies that were the cause of a permit suspension, or if statutory enactments subsequent to the issuance of the permit prohibit the continuation of the permit or the project or activity covered by the permit. Any action to revoke any privileges under an incidental take permit shall be limited so as to address the discrete action or inaction, or statutory enactment, that has resulted in the revocation, to the extent consistent with the species protection purposes of the permit.
(c) Procedure for suspension or revocation. 
(1) When the Director believes there are valid grounds for suspending or revoking a permit the permittee shall be notified in writing of the proposed suspension or revocation by certified or registered mail. In no case shall a proposed revocation notice be issued prior to the 60 day period required by subsection (b). The notice shall identify the permit to be suspended or revoked, the reason(s) for such suspension or revocation, the actions necessary to correct the deficiencies, and inform the permittee of the right to object to the proposed suspension or revocation. The Department may amend any notice of suspension or revocation at any time.
(2) Upon receipt of a notice of proposed suspension or revocation the permittee may file a written objection to the proposed action. Such objection must be in writing, must be filed within 45 calendar days of the date of the notice of proposal, must state the reasons why the permittee objects to the proposed suspension or revocation, and may include supporting documentation.
(3) A decision on the proposed suspension or revocation shall be made within 45 days after the end of the objection period. The Department shall notify the permittee in writing of the Director's decision and the reasons therefor. The Department shall also provide the applicant with the information concerning the right to request reconsideration of the decision under section 783.8 of this article and the procedures for requesting reconsideration. No permit may be revoked pursuant to this section unless it has first been suspended pursuant to this section. The permit shall remain valid and effective pending any final determination on suspension under this subsection, except that a permit may be suspended immediately if statutory enactments subsequent to the issuance of the permit prohibit the continuation of the permit or the project or activity covered by the permit.
NOTE

Authority cited: Sections 702 and 2081(d), Fish and Game Code. Reference: Section 2081(b), Fish and Game Code.
HISTORY

1. New section filed 12-30-98; operative 12-30-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
§783.8. Reconsideration and Appeal Procedures.
Note     •     History

(a) Request for reconsideration. Any person may request reconsideration of an action under this article if that person is one of the following:
(1) An applicant for permit issuance, renewal or amendment who has received written notice of denial;
(2) A permittee who has a permit amended, suspended, or revoked; or
(3) A permittee who has a permit issued, renewed, or amended but has not been granted authority by the permit to perform all activities requested in the application; or the permit includes minimization or mitigation measures other than those proposed by the applicant. 
(b) Method of requesting reconsideration. Any person requesting reconsideration of an action under this article must comply with the following criteria:
(1) Any request for reconsideration must be in writing, signed by the person requesting reconsideration or by the legal representative of that person, and must be submitted to the Regional Manager.
(2) The request for reconsideration must be received by the Regional Manager within 30 days of the date of notification of the decision for which reconsideration is being requested.
(3) The request for reconsideration shall state the decision for which reconsideration is being requested and shall state the reason(s) for the reconsideration, including presenting any new information or facts pertinent to the issue(s) raised by the request for reconsideration.
(4) The request for reconsideration shall contain a certification in substantially the same form as provided in section 783.2(a)(11). If a request for reconsideration does not contain such certification, but is otherwise timely and appropriate, it shall be held and the person submitting the request shall be given written notice of the need to submit the certification within 15 days. Failure to submit certification shall result in the request being rejected as insufficient in form and content.
(c) Inquiry by the Department. The Department may institute a separate inquiry into the matter under consideration.
(d) Determination of grant or denial of a request for reconsideration. The Department shall notify the permittee of its decision within 45 days of the receipt of the request for reconsideration. This notification shall be in writing, shall state the reasons for the decision, and shall contain a description of the evidence which was relied upon by the issuing officer. The notification shall also provide information concerning the right to appeal and the procedures for making an appeal.
(e) Appeal. A person who has received an adverse decision following submission of a request for reconsideration may submit a written appeal to the Director. An appeal must be submitted within 30 days of the date of the notification of the decision on the request for reconsideration. The appeal shall state the reason(s) and issue(s) upon which the appeal is based and may contain any additional evidence or arguments to support the appeal.
(f) Decision on appeal. 
(1) Before a decision is made concerning the appeal, the appellant may present oral arguments before the Director if the Director judges oral arguments are necessary to clarify issues raised in the written record.
(2) The Director shall notify the appellant in writing of his or her decision within 30 calendar days of receipt of the appeal, unless extended for one additional 30-day period for good cause and the appellant is notified of the extension.
(3) The decision of the Director shall constitute the final administrative decision of the Department.
NOTE

Authority cited: Sections 702 and 2081(d), Fish and Game Code. Reference: Section 2081(b), Fish and Game Code. 
HISTORY

1. New section filed 12-30-98; operative 12-30-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
Article 2. Take Incidental to Routine and Ongoing Agricultural Activities
§786.0. Purposes.
Note     •     History

(a) The purpose of this article is to encourage farmers and ranchers engaged in agricultural activities to establish locally designed programs to voluntarily enhance and maintain habitat for endangered and threatened species. These voluntary local programs shall be suited to the particular circumstances of the local agricultural area where each will be implemented.
(b) Upon approval of the voluntary local program by the Department, any taking of candidate, threatened or endangered non-fish species incidental to routine and ongoing agricultural activities is not prohibited by the California Endangered Species Act, Division 3, Chapter 1.5 of the Fish and Game Code, provided that the take occurs on a farm or ranch while implementing the management practices specified in the voluntary local program.
(c) The voluntary local programs authorized pursuant to this article shall provide sufficient flexibility to maximize participation and to gain the maximum wildlife benefits without compromising the economics of agricultural operations.
NOTE

Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068, 2080, 2086, 2088 and 2089, Fish and Game Code.
HISTORY

1. New article 2 (sections 786.0-786.6) and section filed 12-31-98; operative 12-31-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
2. Amendment filed 8-28-2002; operative 9-27-2002 (Register 2002, No. 35).
§786.1. Definitions.
Note     •     History

(a) Management Practices. “Management practices” are practical, achievable agricultural practices that, to the maximum extent practicable, avoid and minimize the take of candidate, threatened or endangered species while encouraging enhancement of wildlife habitat without compromising the economics of agricultural operations when undertaken by a farmer or rancher. Examples of management practices include, but are not limited to, establishing brood ponds, installing artificial nesting structures, reducing harvester speed, integrated pest management techniques, planting fallow fields, delaying fall tillage, flooding harvested fields, and establishing wildlife refugia at margins of fields.
(b) Routine and Ongoing Agricultural Activities. “Routine and ongoing agricultural activities” shall include the cultivation and tillage of the soil; crop rotation; fallowing; dairying; the production, cultivation, growing, replanting and harvesting of any agricultural commodity including viticulture, vermiculture, apiculture, or horticulture; the raising of livestock, fur bearing animals, fish, or poultry; any practices performed by a farmer on a farm as incident to or in conjunction with those farming operations, including the preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market, including any such activities recognized as compatible uses pursuant to the Williamson Act (Government Code sections 51200 et seq.) provided such activities are consistent with the economics of agricultural operations; and other similar agricultural activities as determined by the Department during its review and approval of a particular voluntary local program. Routine and ongoing agricultural activities do not include conversion of agricultural land to nonagricultural use, timber harvesting activities governed by the State Board of Forestry or activities that intentionally reduce habitat and wildlife to facilitate conversion to non-agricultural use. For the purposes of this article and Division 3, Chapter 1.5, Article 3.5 of the Fish and Game Code, the conversion of rangeland to more intensive agricultural uses such as permanent crops is not considered a routine and ongoing agricultural activity. Ordinary pasture maintenance and renovation and dry land farming operations consistent with rangeland management are considered routine and ongoing agricultural activities. 
(c) Local Program. A “local program” or a “voluntary local program” is a locally designed voluntary program to encourage the enhancement and maintenance of habitat for candidate, threatened and endangered species and other wildlife in ways compatible with routine and ongoing agricultural activities on farms or ranches, proposed in accordance with section 786.2(a) of this article. 
(d) Department. For purposes of this article, “Department” means the Director of the Department or any Regional Manager or other Department representative to whom the Director has delegated duties under this article. 
NOTE

Authority cited: Sections 702, 2086 and 2089, Fish and Game Code. Reference: Sections 700, 704, 2062, 2067, 2068, 2086, 2087 and 2089, Fish and Game Code.
HISTORY

1. New section filed 12-31-98; operative 12-31-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
2. Amendment of section and Note filed 8-28-2002; operative 9-27-2002 (Register 2002, No. 35).
§786.2. Preparation of a Voluntary Local Program.
Note     •     History

(a) Local Program Development. A local program shall be developed by a planning committee formed by a group of farmers and/or ranchers or individual farmers or ranchers who own or manage agricultural lands within the geographic area to be covered by the local program. The planning committee, or individual farmer or rancher, shall identify a lead applicant, which may be the local county Agricultural Commissioner or another entity designated by the planning committee. The planning committee shall design a local program in consultation with interested government agencies and in cooperation with interested local private sector entities and interested conservation groups. 
(b) Consultation. Individuals or groups of farmers and ranchers developing a voluntary local program are encouraged to consult with the Department, the California Department of Food and Agriculture, the local county Agricultural Commissioner, University of California Cooperative Extension agents, the USDA Natural Resources Conservation Service, local Resource Conservation Districts, local non-profit and private sector entities, or other agricultural or wildlife experts in identifying effective management practices.
(c) Information and Assistance from the Department. Individuals or groups of farmers and ranchers may propose a voluntary local program to the Department for Department review and assistance. When requested, the Department shall advise and assist in the development of the voluntary management practices and voluntary local program. When providing information and assistance, the Department shall recognize that the State consists of many different climates, habitats and geographies and that management practices will vary throughout the State based on local conditions and local farming and ranching activities. 
(1) The Department shall assist the individual(s) seeking to establish a voluntary local program with contacts and information from the Department of Food and Agriculture, the local county Agricultural Commissioner, University of California Cooperative Extension agents, local non-profit and private sector entities or other agricultural experts.
(2) The Department will, upon request, provide the best available scientific information in its possession on any candidate, threatened, or endangered species within the vicinity of the proposed voluntary local program and any such information the Department has on possible management practices.
(3) The Department shall serve as a repository for information concerning possible management practices. The Department may collect information from persons with expertise in agriculture, biology or habitat conservation, including but not limited to representatives of the California Department of Food and Agriculture, the U.S. Department of Agriculture, local county agricultural commissioners, University of California Cooperative Extension agents, the Farm Bureau, the Bureau of Land Management, the University of California at Riverside and Davis, California State University at Fresno, California Polytechnic University at Pomona and San Luis Obispo, and the Cattlemen's Association, and shall review the information with the California Department of Food and Agriculture for the purpose of obtaining advice as to the information's practical application to local programs. The Department will incorporate available information developed in the preparation and establishment of each voluntary local program into that repository to facilitate the establishment of subsequent voluntary local programs and to periodically update information.
(d) Voluntary Local Program Plan Elements. The following elements shall be included in the voluntary local program:
(1) Area Description. A description of the area to be covered by the voluntary local program needs to include: geographic boundaries; the number of acres covered by the voluntary local program area; the habitat enhancement opportunities and constraints bearing upon the development of recommended management practices; candidate, threatened, and endangered species and wildlife likely to benefit from the local program; and reasonably attainable interim targets and long-range goals for increasing the quantity and quality of wildlife habitat throughout the program area. 
(2) Designated Representative. The local program shall identify the name and address of one or more designated representative(s) who will serve as a contact person for communications between the voluntary local program and Department.
(3) List of Management Practices. The management practices so listed shall be described in an appendix to the voluntary local program in sufficient detail so that farmers, ranchers and program reviewers may understand what the practices are, how these practices may be recognized in the field, and how these practices are intended to minimize the take of candidate, threatened and endangered species while encouraging the enhancement of habitat. The Department shall not require land set-aside or conservation easements as a management practice. 
(4) Activities Covered by the Plan. A description of the general types of agricultural activities covered and a reasonable estimate of the type and amount of habitat to be maintained and enhanced and how any significant adverse environmental effects are addressed by the plan. This element may include a description of any agreements required under section 1603 of the Fish and Game Code that are intended to be approved during the term of the voluntary local program. 
(5) Best Available Scientific Information. A statement with supporting evidence that the management practices are supported by the best available scientific information for both agricultural and habitat conservation practices. The Department shall not require the development of additional scientific information or data as a condition of approval for the voluntary local program. 
(6) Flexibility. A statement with supporting evidence that the voluntary local program is designed to provide sufficient flexibility to maximize participation and to gain maximum wildlife benefits without compromising the economics of agricultural operations.
(7) Environmental Analysis. An environmental analysis meeting the requirements of this subsection shall be prepared and submitted to the Department, except that when another public agency is acting as lead agency under the California Environmental Quality Act, Public Resources Code sections 21000 et seq. (“CEQA”), in the preparation and adoption of the local program, the Department, acting as a responsible agency, will consider the lead agency's environmental document in place of this environmental analysis. The environmental analysis shall include a description of the proposed local program and an analysis of any potentially significant adverse effects of the local program on the environment. 
(A) If no potentially significant adverse effect is identified, a statement to that effect shall be provided and supported by a checklist or other documentation, based on substantial evidence. 
(B) If potentially significant adverse environmental effects are identified, the following shall be included: 
1. A detailed statement of whether additional management practices are necessary to reduce potentially significant adverse effects to a level less than significant; and 
2. If potentially significant adverse effects remain after full consideration of the environmental benefits from the proposed management practices, a detailed statement shall be prepared of potentially feasible alternatives to the local plan and additional potentially feasible management practices that would substantially lessen any remaining potentially significant adverse environmental effects. The analysis shall address both short-term and long-term significant effects on the environment, and shall also address growth-inducing effects and potential cumulative effects. The analysis shall identify any significant adverse environmental impacts that remain after implementation of all reasonable and feasible alternatives and management practices. If remaining significant environmental effects are identified, it shall also include a statement describing any public benefits of the plan, including the management practices which substantially lessen the significant environmental effects of the activity. 
(8) Administrative Plan. The written administrative plan, which describes how the voluntary local program is administered, shall include: a record keeping process which will document implementation of the program's management practices while protecting the confidentiality of participants and conforming with confidentiality under section 786.2(d)(10) of this article; a procedure for developing, reviewing and revising recommendations for management practices; a procedure for assessing the acreage benefitting from the local program on an annual basis; and a procedure for revoking the participation in the local program of any local program participant who fails to conduct agricultural activities or recommended management practices in a manner which is consistent with the requirements of the local program. Failure to conduct an agricultural activity or recommended management practice due to an act of nature or an event beyond the control of a local program participant shall not constitute grounds for program or individual participant revocation. Any participant whose enrollment is involuntarily revoked shall be required to comply with the procedures for withdrawal from the local program. 
(9) Withdrawal and Termination of the Voluntary Local Program. This element shall include terms and conditions for withdrawing individual participation in the voluntary local program or for termination of the entire voluntary local program. These terms and conditions shall establish a reasonable time period and reasonable measures to minimize impacts to listed species in the area during withdrawal from or termination of the local program, without compromising the economics of agricultural operations. These terms and conditions: 
(A) Shall provide for notice to the Department of intent to terminate the voluntary local program or of the withdrawal of any individual farmer or rancher.
(B) Shall not require land set-aside for impacts to wildlife caused by withdrawing participation in the voluntary local program, and shall not impose penalties or disincentives for withdrawing participation.
(C) Shall not prohibit take of listed species during termination or withdrawal provided that the terms and conditions governing withdrawal or termination have been followed. 
(10) Confidentiality. All information generated by a voluntary local program or an individual landowner in the course of participation in the local program that identifies or indicates the existence of endangered, threatened or otherwise protected species or their habitat on a particular farm or ranch, including but not limited to observations, records, correspondence and communications, shall be confidential to the extent permitted by the Public Records Act and other applicable laws. Confidentiality shall be ensured by the local program, members of the program committee, all public agencies and each of their respective agents and employees who obtain such information to the extent permitted by law. Confidential information may only be used or shared as necessary for the administration, approval or denial of a local program, or as otherwise required by law or expressly authorized in this article. Nothing in this article waives, compromises or eliminates any right of confidentiality recognized in the state's Public Records Act or Evidence Code. Waiver of any right of confidentiality for such information shall not be a condition for approval of a local program or participation in a local program. The confidentiality provisions of this section extend to the reports prepared pursuant to section 786.7 of this article unless the release of information is authorized in writing by an individual landowner specifically for that purpose. 
(11) Annual Report. The annual report shall include a summary of the acreage benefitting from the local program and a summary of the success of the management practices listed pursuant to subsection (d)(3) of this section and recommendations, if any, on how to further improve voluntary participation by farmers and ranchers and further improve benefits to wildlife. The annual report shall not include information generated by a voluntary local program or an individual landowner that identifies or indicates the existence of endangered, threatened or otherwise protected species or their habitat on a particular farm or ranch. 
NOTE

Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068, 2080 and 2086, Fish and Game Code.
HISTORY

1. New section filed 12-31-98; operative 12-31-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
2. Amendment of section heading and section filed 8-28-2002; operative 9-27-2002 (Register 2002, No. 35).
§786.3. Voluntary Local Program Review and Authorization.
Note     •     History

A voluntary local program shall be submitted, reviewed and authorized in accordance with this section. During its review of a local program, the Department may extend any of the time periods specified in this section for a period of no more than 15 days by providing written notice of the extension to the designated representative, and including an explanation of the reason additional time is required. 
(a) Early Review. Before submitting the voluntary local program including the environmental analysis element for review, the voluntary local program representatives may request a meeting with the Regional Manager or the Regional Manager's designee for an unofficial review of the voluntary local program. The Regional Manager or the Regional Manager's designee is encouraged to meet with representatives of the voluntary local program upon request. 
(b) Department liaison. Within 14 days of receiving a request for consultation or the submittal of a voluntary local program, the Department shall designate a staff person at its appropriate regional office to serve as the primary contact with program sponsors during the consultation and review processes. This designated liaison will be responsible for working with the voluntary local program's designated representative and for responding to inquiries from voluntary local program sponsors, keeping program sponsors informed of the status of the Department's review of the voluntary local program, and assisting with communication of Department comments and questions to program sponsors. 
(c) Review of Voluntary Local Program. The voluntary local program shall be submitted to the Department for review. The Department shall conduct an initial review of the plan to determine whether the submissions are complete. Within 60 days after receipt of the local program plan, the Department shall report to the local program designee whether the local program as submitted is complete. 
(1) If the plan is not complete, the Department shall inform the designee about what additional elements, information or documents are required to complete the plan and environmental analysis. 
(2) If the plan is complete, the Department shall conduct a review of the environmental analysis and make any revisions in the environmental analysis that the Department deems necessary or appropriate to accurately describe the voluntary local program and its potential effects on the environment. If the Department makes any revisions to the environmental analysis, the Department shall inform the designee about the revisions before making the materials, including the program plan and the revised environmental analysis, available for public review in order to give the voluntary local program the opportunity to withdraw the proposed program before public review. 
(d) Lead Agency -- Public Review and Comment. When the Department is acting as CEQA lead agency, after the program plan and any environmental analysis have been reviewed, the Department shall make all materials, including the local program plan and environmental analysis, available for public review at the headquarters of the region in which the plan was submitted and at the Department's headquarters in Sacramento. 
(1) Notice of Public Availability. The Department shall distribute copies of a Notice of Public Availability announcing that the voluntary local program and related documents are being made available for public review and comment. A minimum of 30 days shall be allowed for public review and comment after distribution of a Notice of Public Availability. The Notice of Public Availability shall include the following: 
(A) The date on which the Department accepted the voluntary local program as complete. 
(B) A brief description of the geographic area covered by the application and of the activities proposed to be covered by the local program. 
(C) The location where the application is available for public review and the name and telephone numbers of a contact person within the Department who can answer questions regarding the application. 
(D) A statement that the Department seeks written comments from the public regarding the plan, an address to which written comments regarding the application should be submitted, and the deadline for submission of the comments. 
(2) Publication and Distribution of the Notice. The Department shall publish the Notice of Public Availability at least once in a newspaper of general circulation in the area affected by the local program. Copies of the Notice of Public Availability shall also be distributed as follows: 
(A) A copy to the office of the County Clerk of the county or counties in which the proposed activity would occur for posting at the customary place for posting notices of environmental matters. 
(B) A copy to the Office of Planning and Research. 
(C) A copy to any other person upon written request. 
(D) Copies may also be posted or made available at such other locations as the Department deems desirable and reasonably required to provide adequate public notice. 
(3) Response to Public Comment. After the public comment period has closed, the Department shall: 
(A) Review all public comments received, including those from public agencies with which the Department consults; and 
(B) Prepare a written summary and response to all significant environmental points raised during the review of the application. 
(e) External Consultation. The Department shall consult with and request written comments from the Department of Food and Agriculture, county agricultural commissioner(s) of the county or counties in which the local program is proposed, and all public agencies with jurisdiction by law over the activity to be covered by the local program. The consultations shall occur during the public comment period when the Department is acting as CEQA lead agency and during the 75-day local program review period when the Department is acting as CEQA responsible agency. In their comments, the Department of Food and Agriculture and the county agricultural commissioner(s) shall consider if the proposed voluntary local program is consistent with the economics of the agricultural operations. 
(f) Department's Authorization of the Voluntary Local Program. Within 75 days of the close of the public comment period when the Department is acting as CEQA lead agency, and within 75 days of the Department's determination that the submitted local program is complete when the Department is acting as CEQA responsible agency, the Department shall take one of the following actions: 
(1) Make the findings required by subsection (g) of this section and authorize the voluntary local program. 
(2) If the Department determines that changes in the voluntary local program are necessary, the Department shall promptly communicate that determination and proposed changes to the voluntary local program's designated representative. With the consent of the voluntary local program designee, the Department may make changes in the voluntary local program and authorize the revised local program provided the revisions do not require further environmental analysis or public notice. 
(3) If major changes requiring additional time or further environmental review are needed, the Department shall reject the voluntary local program and convey the identified deficiencies in the local program plan to the designee for further revisions. 
(g) Mandatory Findings for Authorization of Local Program. The director shall authorize a voluntary local program only upon making the following written findings in support of that authorization: 
(1) That the voluntary local program includes management practices that will, to the greatest extent practicable: 
(A) avoid the take of listed species, 
(B) minimize take of species that cannot be avoided, 
(C) encourage the enhancement of habitat; and 
(D) maximize wildlife benefits without compromising the economics of agricultural operations. 
(2) That the local program is consistent with the goals and policies of the California Endangered Species Act and is supported by the best available scientific information. 
(3) For every significant adverse environmental effect that has been identified for a local program, one or more of the findings required by section 21081 of the Public Resources Code. The Department may not approve any local program for which significant adverse environmental effects have been identified if feasible alternatives or feasible mitigation measures are available that would substantially lessen a remaining significant adverse environmental effect and those alternatives or measures have not been incorporated into the local program. For purposes of these findings: 
(A) “Feasible” means “feasible” as defined in section 21061.1 of the Public Resources Code. 
(B) “Environmental impact report” means an environmental impact report prepared pursuant to CEQA or, if the Secretary for Resources certifies this article under section 21080.5 of the Public Resources Code, an environmental analysis prepared pursuant to this article. 
(C) Mitigation measures shall consist of new or revised management practices designed to reduce or avoid significant adverse environmental effects. 
(h) Notice of Decision. Within five working days of authorizing or amending a voluntary local program, the Director shall file a Notice of Decision with the Secretary for Resources. The Notice of Decision shall include a statement that the Director authorized or amended the local program. 
NOTE

Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068 and 2086, Fish and Game Code.
HISTORY

1. New section filed 12-31-98; operative 12-31-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
2. Amendment of section heading and repealer and new section filed 8-28-2002; operative 9-27-2002 (Register 2002, No. 35).
§786.4. Amendments to the Voluntary Local Program.
Note     •     History

(a) The voluntary local program may initiate an amendment to a local program by providing written notification to the Department and by providing the Department with the necessary information for review. The Department review and approval of such amendments shall be governed by the following provisions. The Director shall approve any minor or major program amendment if the amended program would continue to meet the standards in section 786.3(g) of this article. 
(1) Minor Amendments. Amendments that the Department determines will not significantly modify the scope or nature of the local program; will not likely result in a significant adverse impact on candidate, threatened, or endangered species beyond that anticipated from the originally approved plan; will not likely diminish the habitat-enhancing benefits of the local program; and will otherwise meet the standards in section 786.3(g) of this article shall be considered minor amendments to the local program. The Director shall approve minor amendments and incorporate them into the local program, or shall deny the minor amendments, within 30 days of submission of a minor amendment to the Department. Minor amendments may be used to adapt a local program's management practices based on experience in implementing the local program to make those practices more effective in meeting the standards in section 786.3(g) of this article, provided the Department determines the changes meet the criteria in this subsection (a)(1) for minor amendments. For a minor amendment of a local program for which the Department adopted an environmental analysis, the Department may prepare an addendum to the environmental analysis or other appropriate document. 
(2) Major Amendments. Amendments that the Department determines would significantly modify the scope or nature of the local program, likely result in a significant adverse impact on candidate, threatened, or endangered species beyond that anticipated from the originally approved plan, diminish the habitat-enhancing benefits of the local program, or require additional environmental review pursuant to section 21166 of the Public Resources Code or California Code of Regulations, Title 14, section 15162, shall be considered major amendments to the local program. Requests for major amendments shall be reviewed according to the process established in this article for new local programs, except that the information and analysis provided in support of an application for a major amendment may rely on supplemental information to the analysis used in the initial submittal for the local program. 
(b) The Department may initiate an amendment to a local program pursuant to this subsection if it believes that an amendment is reasonably necessary to bring the local program into compliance with the provisions in section 2086(b) of the Fish and Game Code or any other relevant provision of law. 
(1) To make minor amendments as defined in subsection (a)(1) of this section, the Department shall notify in writing the voluntary local program designee of the proposed minor amendment and give the voluntary local program participants 60 days to accept or decline the proposed minor amendments. If the voluntary local program decides to decline the proposed minor amendments, the Department may initiate steps necessary to allow for the termination of the program or allow individuals to withdraw from the voluntary local program. If the voluntary local program accepts the amendments or fails to respond within the 60 days, the Department may approve the minor amendments with no further consultation. 
(2) To make major amendments as defined in subsection (a)(2) of this section, the Department must make a finding that the program is not in compliance with section 2086(b) of the Fish and Game Code and state its rationale. The local program designee shall be notified in writing of the findings and rationale and be given 60 days to respond to deficiencies outlined by the Department. If the voluntary local program fails to amend the program, as directed by the Department, the Department may initiate steps necessary to terminate the program and allow individuals to withdraw from the voluntary local program. 
NOTE

Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068, 2080 and 2086, Fish and Game Code. 
HISTORY

1. New section filed 12-31-98; operative 12-31-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
2. Renumbering of former section 786.4 to new section 786.6 and new section filed 8-28-2002; operative 9-27-2002 (Register 2002, No. 35).
§786.5. Department Termination of a Voluntary Local Program.
Note     •     History

If the Department terminates a voluntary local program because it no longer complies with section 2086(b) of the Fish and Game Code, termination shall be conducted consistently with the terms and conditions established pursuant to section 786.2(d)(9) of this article. Individual par--

ticipants following the terms and conditions of withdrawal shall continue to receive take authorization until withdrawal has been completed. 
NOTE

Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2080 and 2086, Fish and Game Code. 
HISTORY

1. New section filed 12-31-98; operative 12-31-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
2. Renumbering of former section 786.5 to new section 786.7 and new section filed 8-28-2002; operative 9-27-2002 (Register 2002, No. 35).
§786.6. Take Authorization.
Note     •     History

Any taking of candidate, threatened or endangered species incidental to routine and ongoing agricultural activities is not prohibited by Division 3, Chapter 1.5 of the Fish and Game Code if the take occurs while management practices in a voluntary local program authorized pursuant to this article are being followed, except that this section does not authorize the take of fish species that are a member of the class Osteichthyes. The Department recognizes that management practices, if successful, will increase the number of individuals of candidate, threatened and endangered species in proximity to farms and ranches as a result of management practices. This article is intended to protect farmers and ranchers from legal liability for take that may result from their voluntary participation in a voluntary local program.
NOTE

Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068, 2080, 2086(c) and 2088, Fish and Game Code.
HISTORY

1. New section filed 12-31-98; operative 12-31-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
2. Renumbering of former section 786.6 to new section 786.8 and renumbering and amendment of former section 786.4 to section 786.6 filed 8-28-2002; operative 9-27-2002 (Register 2002, No. 35).
§786.7. Reports to the Legislature.
Note     •     History

(a) Beginning in 2000, and every five years thereafter, the Department shall submit a written report to the appropriate policy committees of the Legislature regarding the effects of voluntary local programs.
(b) The Department shall consult with the Department of Food and Agriculture in evaluating the voluntary local programs and preparing the report.
(c) The report shall contain:
(1) A summary of voluntary local programs currently established;
(2) An analysis of trends in temporary and permanent acreage benefitting from the voluntary local programs, including an estimate of the amount of land upon which routine and ongoing agricultural activities are conducted;
(3) Examples of farmer and rancher cooperation in designing and implementing the voluntary local programs; and
(4) Recommendations to improve voluntary participation by farmers and ranchers.
NOTE

Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Section 2086(d)(2), Fish and Game Code.
HISTORY

1. Renumbering and amendment of former section 786.5 to new section 786.7 filed 8-28-2002; operative 9-27-2002 (Register 2002, No. 35).
§786.8. Construction with Other Statutes.
Note     •     History

Nothing in this Article precludes the Department from authorizing agricultural conservation programs pursuant to other provisions in Division 3, Chapter 1.5 of the Fish and Game Code. Take that occurs incidental to farm or ranch operations may independently be authorized by the Department under section 2081 or 2835 of the Fish and Game Code, provided the requirements of those sections are satisfied. In addition, the specific provisions in this Article that authorize incidental take by participants in a voluntary local program shall not be construed to limit the application of section 2087 of the Fish and Game Code, which provides that accidental take of candidate, threatened and endangered species is not prohibited during routine and ongoing agricultural activities without regard to whether a voluntary local program has been established.
NOTE

Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068, 2080, 2086, 2087 and 2835, Fish and Game Code.
HISTORY

1. Renumbering and amendment of former section 786.6 to new section 786.8 filed 8-28-2002; operative 9-27-2002 (Register 2002, No. 35).
Article 3. Incidental Take Permit Guidelines for Timber Operations
§787.0. Purpose and Scope of Regulations.
Note     •     History

(a) The purpose of this article is to establish rules and guidelines in accordance with Section 2112 of the Fish and Game Code to implement Fish and Game Commission policies regarding the issuance of incidental take permits pursuant to Section 2081 of the Fish and Game Code for timber operations or activities that may take coho salmon, a species that is listed as threatened or endangered under the California Endangered Species Act, Fish and Game Code sections 2050, et seq. (“CESA”). The Fish and Game Commission approved the Recovery Strategy for California Coho Salmon (Oncorhynchus kisutch) (February 2004), and approved for inclusion specified policies pursuant to Section 2112 of the Fish and Game Code to guide the issuance of incidental take permits under Section 2081 of the Fish and Game Code for timber operations or activities. This article sets forth rules and guidelines to implement those policies. In accordance with section 2112 of the Fish and Game Code, this article specifies conditions and circumstances when: (1) take is prohibited; (2) an incidental take permit is required; and (3) an incidental take permit is not required. This article outlines various ways to obtain incidental take permits for timber operations and activities, including an expedited process for obtaining incidental take permits by certification pursuant to these regulations, and through the normal permitting process set forth in CESA implementing regulations, California Code of Regulations, title 14, section 783.0 et seq.. The standards for issuance of incidental take permits are the permit issuance criteria set forth in section 2081(b) and (c) of the Fish and Game Code. This article is not intended to create a presumption that any particular timber operation or activity will incidentally take coho salmon. 
(b) This article does not affect the Department's authority to authorize take pursuant to any other provision of the Fish and Game Code or any other provision of the California Code of Regulations including, but not limited to, take authorizations issued or approved by the Department pursuant to section 2835 of the Fish and Game Code. 
NOTE

Authority cited: Sections 702, 2080, 2081(d) and 2112, Fish and Game Code. Reference: Sections 702, 2080, 2081(b), 2081(c) and 2112, Fish and Game Code. 
HISTORY

1. New article 3 (sections 787.0-787.9) and section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 7). 
§787.1. Definitions.
Note     •     History

(a) The terms used in this article are defined by the definitions provided in the Forest Practice Rules, California Code of Regulations, title 14, section 895.1, et seq., except as specifically provided in this article: 
(1) Jeopardy Determination. A “jeopardy determination” is the Department's determination, made in accordance with section 787.6 as to whether issuance of an incidental take permit for proposed timber operations activities would jeopardize the continued existence of coho salmon. 
(2) Recovery Unit. A “recovery unit” is a group of watersheds related hydrologically, geologically and ecologically which constitute unique and important components of an Evolutionarily Significant Unit for coho salmon. The coho salmon recovery units are delineated and described in the Recovery Strategy for California Coho Salmon (Oncorhynchus kisutch) (February 2004), inclusive of amendments. 
(3) Watersheds with Coho Salmon. “Watersheds with coho salmon” means any planning watershed(s) where coho salmon (Oncorhynchus kisutch) have been documented by the Department of Fish and Game to be present during or after 1990. A list of watersheds with coho salmon is available at http://www.dfg.ca.gov/habcon/timber/index.html 
NOTE

Authority cited: Sections 702, 2081(d) and 2112, Fish and Game Code. Reference: Sections 702, 2081(b), 2081(c) and 2112, Fish and Game Code. 
HISTORY

1. New section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 7). 
2. Change without regulatory effect repealing definition (a)(1) in conformance with Environmental Protection Information Center, et al., v. California Department of Fish and Game, Superior Court of the State of California, County of San Francisco, Case No. CPF-08-508127, and renumbering subsections filed 9-21-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 39).
§787.2. Take Determination for Timber Operations. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 702, 711.7, 2080, 2081(d) and 2112, Fish and Game Code; and Sections 21067, 21069, 21070, 21080.1, 21080.3, 21080.4, 21080.5, 21082.2 and 21104.2, Public Resources Code. Reference: Sections 702, 711.7, 2080, 2081(b), 2081(c) and 2112, Fish and Game Code; and Sections 21067, 21069, 21070, 21080.1, 21080.3, 21080.4, 21080.5, 21082.2 and 21104.2, Public Resources Code. 
HISTORY

1. New section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 7). 
2. Change without regulatory effect repealing section in conformance with Environmental Protection Information Center, et al., v. California Department of Fish and Game, Superior Court of the State of California, County of San Francisco, Case No. CPF-08-508127, filed 9-21-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 39).
§787.3. Take of Coho Salmon from Timber Operations Prohibited.
Note     •     History

Any unauthorized take of coho salmon is prohibited and may be subject to criminal action pursuant to the Fish and Game Code. 
NOTE

Authority cited: Sections 702, 2080 and 2112, Fish and Game Code.  Reference: Sections 702, 2080 and 2112, Fish and Game Code. 
HISTORY

1. New section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 7). 
§787.4. Incidental Take Permit for Timber Operations Required.
Note     •     History

In order to issue an incidental take permit under the processes outlined in this section, the permit issuance criteria set forth in Section 2081(b) of the Fish and Game Code must be met. In addition, as required by Section 2081(c) of the Fish and Game Code, the Department shall not issue an incidental take permit for coho salmon if issuance of the permit would jeopardize the continued existence of the species. The Department will determine whether issuance of the permit would jeopardize the continued existence of the species in accordance with section 787.6. 
NOTE

Authority cited: Sections 702, 2080, 2081(d) and 2112, Fish and Game Code. Reference: Sections 702, 2080, 2081(b), 2081(c) and 2112, Fish and Game Code. 
HISTORY

1. New section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 7). 
2. Change without regulatory effect repealing subsections (a)-(a)(4) in conformance with Environmental Protection Information Center, et al., v. California Department of Fish and Game, Superior Court of the State of California, County of San Francisco, Case No. CPF-08-508127, and repealing subsection (b) designator filed 9-21-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 39).
§787.5. Incidental Take Permit for Timber Operations Not Required.
Note     •     History

(a) If the Department determines, pursuant to section 2080.1 of the Fish and Game Code, that an incidental take statement or permit for coho salmon issued by the Secretary of Commerce for proposed timber operations is consistent with CESA, no further authorization or approval is necessary. 
(b) Regardless of whether the Department first makes a determination regarding the take of coho salmon, the Department and any project proponent who intends to meet the requirements of the Natural Community Conservation Planning Act (Fish and Game Code section 2800 et seq) may enter into a planning agreement pursuant to section 2810. The planning agreement must include an interim process during plan development for project review. The interim process may include measures for timber operations or activities which the Department concludes will avoid take. Timber operations or activities carried out in accordance with any such interim process that avoids take will not require an incidental take permit under section 2081 of the Fish and Game Code. 
NOTE

Authority cited: Sections 702, 2080, 2080.1, 2081, 2112 and 2810, Fish and Game Code. Reference: Sections 702, 2080, 2080.1, 2081, 2112 and 2810, Fish and Game Code. 
HISTORY

1. New section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 7). 
2. Change without regulatory effect repealing subsections (a)-(b) in conformance with Environmental Protection Information Center, et al., v. California Department of Fish and Game, Superior Court of the State of California, County of San Francisco, Case No. CPF-08-508127, and relettering subsections filed 9-21-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 39).
§787.6. Jeopardy from Timber Operations Prohibited.
Note     •     History

(a) A jeopardy determination will be made using an analysis at the scale of the coho salmon recovery unit and will be made for the Evolutionarily Significant Unit. A jeopardy determination must be based upon the best scientific and other information that is reasonably available, which may include, but not necessarily be limited to, consideration of: 
(1) coho salmon's ability to survive and reproduce; and
(2) any adverse impacts of the taking on coho salmon's ability to survive and reproduce in light of:
(A) known population trends; 
(B) known threats to the species; and 
(C) reasonably foreseeable impacts on the species from other related projects and activities. 
(b) The Department could determine that proposed timber operations will jeopardize the continued existence of coho salmon if one or more of the following criteria are met and the impact will likely reduce the numbers of coho salmon in the recovery unit returning to spawn successfully in future years. 
(1) One or more cohorts of coho salmon within the recovery unit return in very low numbers, or not at all, and timber operations will likely “take” a substantial number of any life stage of coho salmon. 
(2) Timber operations will create a barrier to passage or substantially reduce access by coho salmon to any habitat used for migration, spawning or rearing. 
(3) One or more cohorts of coho salmon within the recovery unit return in very low numbers, or not at all, and timber operations will directly or incrementally through cumulative effects render existing spawning or rearing habitat unsuitable for continued use by coho salmon. 
(4) Exceptional project specific circumstances exist or are proposed which will reduce the numbers of coho salmon in the recovery unit returning to spawn successfully in future years. 
(c) Where the Department determines that proposed timber operations are likely to jeopardize the continued existence of coho salmon, the Department shall consult, upon request by the project proponent or Lead Agency, and specify reasonable and prudent minimization and mitigation measures which, if fully implemented, will avoid jeopardy while maintaining the project purpose to the greatest extent possible. 
(d) Where, following such consultation, the project proponent declines to incorporate any of the specified reasonable and prudent minimization and mitigation measures into the proposed project, the Department shall not issue an incidental take permit. If, however, the project proponent agrees to incorporate all of the specified reasonable and prudent minimization and mitigation measures into the proposed project to avoid jeopardy, the Department may issue an incidental take permit if the permit issuance criteria set forth in Section 2081(b) are met. 
NOTE

Authority cited: Sections 702, 2080, 2081(c) and 2112, Fish and Game Code. Reference: Sections 702, 2080, 2081(c) and 2112, Fish and Game Code. 
HISTORY

1. New section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 7). 
2. Change without regulatory effect repealing subsection (a) in conformance with Environmental Protection Information Center, et al., v. California Department of Fish and Game, Superior Court of the State of California, County of San Francisco, Case No. CPF-08-508127, and relettering subsections filed 9-21-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 39).
§787.7. Incidental Take Permit by Certification for Timber Operations.
Note     •     History

(a) The Department may permit incidental take of coho salmon from timber operations by certification of compliance under this section if all of the following are satisfied: 
(1) The permittee certifies in writing that the permittee agrees to comply with and incorporate into its timber operations all minimization and mitigation measures specified in Forest Practice Rules, California Code of Regulations, title 14, sections 916.9.1 (936.9.1), 916.9.2, (936.9.2), 923.9.1 (943.9.1), and 923.9.2 (943.9.2) as identified and described in a THP or Notice of Timber Operations attached to the certification. Preconsultation with the Department prior to submittal of the certification and attached THP or Notice of Timber Operations is strongly recommended in order to facilitate acceptance and return receipt of the certification. 
(2) The permittee includes implementation and effectiveness monitoring procedures and schedules in the Timber Harvesting Plan (THP) or Notice of Timber Operations. Monitoring which is specified in the THP or Notice of Timber Operations to meet other regulatory requirements may be determined by the Department to satisfy the issuance criteria for an incidental take permit 
(3) The permittee provides a financial security for performance with terms and in an amount acceptable to the Department in accordance with section 787.8. 
(4) The permittee provides written consent to the Department for access to inspect timber operations during and following completion of operations for compliance monitoring. 
(5) The Department returns a signed receipt of the certification finding that it meets the requirements of Sections 2081(b) and (c) of the Fish and Game Code. If any requirement is not met (e.g., a financial security in a form and amount acceptable to the Department is not provided), the Department shall deny the certification and notify the permittee. 
(6) The THP or Notice of Timber Operations which is the subject of the certification is approved by the California Department of Forestry and Fire Protection. 
(b) Effect of Certification. 
(1) A certification that is signed by the Department is an incidental take permit for coho salmon that becomes effective only after both of the following have occurred: 
(A) The permittee receives the signed certification from the Department from the appropriate regional office; and 
(B) The THP or Notice of Timber Operations attached to the certification, which contains the required minimization and mitigation measures, is approved by the California Department of Forestry and Fire Protection; 
(2) The incidental take permit by certification authorizes incidental take of coho salmon from the timber operations described in the THP or Notice of Timber Operations that is attached to the certification. Any incidental take from operations that deviate from such timber operations, whether under subsequent amendments to the THP or Notice of Timber Operations or otherwise, is not authorized by this permit by certification. 
(3) CESA implementing regulations governing permit revocation and suspension (California Code of Regulations, title 14, section 783.7) apply to an incidental take permit by certification. 
(c) Form of Certification. The certification required by section 787.7 shall take substantially the following form: 

CERTIFICATION OF COMPLIANCE
I certify that all of the minimization and mitigation measures set forth in Forest Practice Rules, California Code of Regulations, title 14, sections 916.9.1 (936.9.1), 916.9.2, (936.9.2), 923.9.1 (943.9.1), and 923.9.2 (943.9.2) including any alternative measures provided in these sections are included as enforceable elements of the attached Timber Harvesting Plan (THP) or Nonindustrial Timber Management Plan (NTMP) Notice of Timber Operations. 
I acknowledge that these measures are roughly proportional in extent to the impact of the authorized take of the species, the measures maintain my project objectives to the greatest extent possible, and they are capable of successful implementation. I understand that this permit allows incidental take of coho salmon pursuant to CESA; it does not authorize the violation of any Federal, State or local laws or regulations. I understand that this incidental take permit becomes effective after both of the following have occurred: (1) the THP or Notice of Timber Operations containing the required measures is approved by the Department of Forestry and Fire Protection; and (2) I have received receipt of the certification signed by the Department of Fish and Game from the appropriate address below. I understand that this certification permits incidental take of coho salmon from the timber operations described in the attached THP or Notice of Timber Operations. Any incidental take from operations that deviate from such timber operations, whether under subsequent amendments to the THP or Notice of Timber Operations or otherwise, is not authorized by this permit by certification. 
I certify that the information submitted in this certification is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein or failure to comply with the terms of the permit (e.g., unauthorized take under CESA for undertaking a project that differs from the one described in the attached THP or Notice of Timber Operations, or failure to properly implement required minimization and mitigation measures) may subject me to suspension or revocation of this permit and to civil and criminal penalties under the laws of the State of California. 

THP or NTMP designation: 	

Proposed beginning date of timber operations: 	

End date for timber operations:	
Attached is the security for performance, calculated in accordance with section 787.8, ensuring adequate funding to implement measures to minimize and fully mitigate impacts of authorized take, and for monitoring compliance with and effectiveness of, those measures. The undersigned is responsible for immediately notifying the Department of Fish and Game of any deviations from the above. 

	(RPF or authorized signature) 	Date 
The undersigned is authorized to provide consent to the Department of Fish and Game to access and inspect the subject timber operations during and following completion of operations, and hereby provides such authorization to the Department of Fish and Game. 

	(authorized representative signature) 	Date 
For Del Norte, Humboldt, Mendocino, Siskiyou or Trinity Counties 

REGIONAL MANAGER 
DEPARTMENT OF FISH AND GAME 
601 LOCUST STREET 
REDDING, CA 96001 
(530) 225.2300 
For Santa Cruz, San Mateo, Marin, or Sonoma Counties 

REGIONAL MANAGER 
DEPARTMENT OF FISH AND GAME 
P.O. BOX 47 
YOUNTVILLE, CA 94599 
(707) 944.5500 
The Department of Fish and Game [circle one: finds/does not find] that: (1) the activities identified in the attached THP or NTMP Notice of Timber Operations may result in take of coho salmon incidental to an otherwise lawful activity; where the Department of Fish and Game finds that the activities may result in incidental take, the Department of Fish and Game finds that: (2) the impacts of authorized take will be minimized and fully mitigated; the measures required to meet this obligation are roughly proportional in extent to the impact of the authorized take; where various measures are available to meet this obligation, the impacts of take, the measures maintain the applicant's objectives to the greatest extent possible; and the measures are capable of successful implementation; (3) this permit by certification of compliance is consistent with regulations adopted pursuant to Sections 2112 and 2114 of the Fish and Game Code; (4) the permittee has assured adequate funding to implement the required measures and for monitoring compliance with and effectiveness of those measures; (5) and issuance of the permit by certification which is approved by the signature below will not jeopardize the continued existence of coho salmon. The Department of Fish and Game's findings are based upon the certification submitted; the approved THP or Notice of Timber Operations and associated environmental review and impact analysis; the administrative records supporting the incorporated Forest Practice Rules, California Code of Regulations, title 14, sections 916.9.1 (936.9.1), 916.9.2, (936.9.2), 923.9.1 (943.9.1), and 923.9.2 (943.9.2), and the Incidental Take Permit Guidelines for Timber Operations, section 787.0 et seq., and other information the Department of Fish and Game had before it at the time of the certification. 

	DFG Regional Manager 		Date 
(d) Department Review and Response. The Department shall review and approve or deny the certification as soon as possible and no later than 30 days following receipt of all information specified in California Code of Regulations, title 14, section 783.4 by the appropriate Regional Manager. 
NOTE

Authority cited: Sections 702, 2081(d) and 2112, Fish and Game Code. Reference: Sections 702, 2081(b), 2081(c) and 2112, Fish and Game Code. 
HISTORY

1. New section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 7). 
§787.8. Security for Performance for Incidental Take Permits.
Note     •     History

(a) As required by Fish and Game Code section 2081(b)(4) and CESA implementing regulations, California Code of Regulations, title 14, section 783.4(a)(4), the permit applicant must assure adequate funding to implement the required measures and for monitoring compliance with, and effectiveness of, those measures. Acceptable instruments of financial security include a pledged savings or trust account, certificate of deposit, or irrevocable letter of credit, the terms of which must be approved by the Department. Other instruments and their terms must be approved by the Department. Security must be provided to the appropriate Department Regional Manager by certified mail together with the Certification of Compliance. 
(b) Where incidental take is authorized through section 787.5(c), no additional security for performance is required. 
(c) Where incidental take is authorized through section 787.4(a)(2), (3) or (4), security for performance is required and shall be determined on a project specific basis. 
(d) Where incidental take is authorized through section 787.4(a)(1), security shall be provided in accordance with the following and shall include a Road Component and an Area Component. 
(1) Road Component 
(A) The security for performance for the Road Component shall be calculated according to the following schedule for all roads appurtenant to the proposed THP or Notice of Timber Operations, which lie within a watershed with coho salmon. 
(i) $5,000/mile for all road segments within Class I watercourse and lake protection zones 
(ii) $2500/mile for all road segments within Class II watercourse and lake protection zones 
(iii) $1000/mile for all road segments within Equipment Exclusion Zones and Equipment Limitation Zones which are established for Class III Watercourses, inner gorges and connected headwall swales. 
(iv) For each new, reconstructed or temporary Class I watercourse crossings additional security in the amount of $2000/crossing shall be required. Where an existing Class I watercourse crossing will be used without modification, additional security in the amount of $500/crossing shall be required. 
(v) For each new, reconstructed or temporary Class II watercourse crossing, additional security in the amount of $1000/crossing shall be required. Where an existing Class II watercourse crossing will be used without modification, additional security in the amount of $500/crossing shall be required. 
(vi) For each new, reconstructed or temporary Class III watercourse crossings additional security in the amount of $500/crossing shall be required. Where an existing Class III watercourse crossing will be used but not reconstructed, additional security in the amount of $250/crossing shall be required.
(B) The security for performance for the Road Component will be returned following a written request by the permittee to the Department upon completion of the Prescribed Maintenance Period provided that each requirement of Forest Practice Rules, California Code of Regulations, title 14, sections 923.9.1 (943.9.1), and 923.9.2 (943.9.2) has been properly implemented. The Department shall make its best effort to return the security within 45 days of receipt of said request. 
(C) The security for performance for the Road Component will be forfeited by the permittee if each requirement of Forest Practice Rules, California Code of Regulations, title 14, sections 923.9.1 (943.9.1), and 923.9.2 (943.9.2) has not been properly implemented, except that the Department may, at its discretion, return all or part of the security for performance of an applicable component if in the Department's judgment the Permittee has completely remedied its failure to properly implement a required measure or measures. 
(2) Area Component 
(A) The security for performance for the Area Component shall be calculated at the rate of $500/acre for all proposed Watercourse and Lake Protection Zones and those Equipment Exclusion Zones and Equipment Limitation Zones which are established for Class III Watercourses, inner gorges and connected headwall swales. 
(B) The security for performance for the Area Component will be returned to the permittee upon filing of the Notice of Completion, and after receipt of a written request from the permittee to the Department, provided that all requirements of Forest Practice Rules, California Code of Regulations, title 14, sections 916.9.1 (936.9.1) and 916.9.2, (936.9.2) have been properly implemented. The Department shall make its best effort to return the security within 45 days of receipt of said request. 
(C) The security for performance for the Area Component Security will be forfeited by the permittee if any requirement of Forest Practice Rules, California Code of Regulations, title 14, sections 916.9.1 (936.9.1) and 916.9.2, (936.9.2) has not been properly implemented, except that the Department may, at its discretion, return all or part of the security for performance of an applicable component if in the Department's judgment the Permittee has completely remedied its failure to properly implement a required measure or measures. 
(e) The full amount of the required security for performance must remain in place for the life of the permit. In the event that the Department accesses all or part of the security for performance, within 30 days thereof the permittee will be required to replenish the amount of security to the full amount required by the Department. 
(f) Notwithstanding, Section 787.7(a) the Department may, at its discretion, refuse to permit incidental take of coho salmon from timber operations by certification of compliance under this article if the applicant previously obtained an incidental take permit by certification of compliance under this article and the security for performance for that permit was forfeited in whole or part for a failure to properly implement a required measure or measures. 
NOTE

Authority cited: Sections 702, 2081(d) and 2112, Fish and Game Code. Reference: Sections 702, 2081(b), 2081(c) and 2112, Fish and Game Code. 
HISTORY

1. New section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 7). 
§787.9. Coho Salmon Impact Evaluation. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 702, 711.7 and 2112, Fish and Game Code; and Sections 21067, 21069, 21070, 21080.1, 21080.3, 21080.4, 21080.5, 21082.2 and 21104.2, Public Resources Code. Reference: Sections 702, 711.7 and 2112, Fish and Game Code; and Sections 21067, 21069, 21070, 21080.1, 21080.3, 21080.4, 21080.5, 21082.2 and 21104.2, Public Resources Code.
HISTORY

1. New section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 7). 
2. Change without regulatory effect repealing section in conformance with Environmental Protection Information Center, et al., v. California Department of Fish and Game, Superior Court of the State of California, County of San Francisco, Case No. CPF-08-508127, filed 9-21-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 39).
Chapter 7. Regulations for Implementation of Section 4526 of the Government Code
Article 1. General Provisions
§789.0. Definitions.
Note     •     History

As used in these regulations:
(a) “Small business” firm is one which meets the definition of small business firm as set forth in Title 2, California Code of Regulations, section 1896(n).
(b) “Department” means the Department of Fish and Game.
(c) “Director” is the Director of the Department of Fish and Game, or any person authorized by the Director to act on behalf of the Director.
(d) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management.
(e) “Architectural, landscape architectural, engineering, environmental, and land surveying services” includes those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform.
(f) “Contract” shall mean those contracts entered into by the Department for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services.
NOTE

Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Sections 4525-4529, Government Code.
HISTORY

1. New chapter 7 (articles 1-2, sections 789.0-789.6), article 1 (section 789.0) and section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
Article 2. Specific Provisions
§789.1. Establishment of Criteria.
Note     •     History

The Director shall establish criteria which will comprise the basis for selection for each contract. The criteria shall include such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel to be assigned, staff capability, workload, ability to meet schedules, nature and quality of completed work, reliability of the firm, location, and other considerations deemed relevant. Such factors shall be weighed by the Director according to the nature of the contract, the needs of the State and complexity and special requirements of the specific contract for which the services will be provided.
NOTE

Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4526, Government Code.
HISTORY

1. New article 2 (sections 789.1-789.6) and section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§789.2. Request for Qualifications.
Note     •     History

(a) When a project requires architectural, landscape architectural, engineering, land surveying, construction project management, or environmental services, the Director shall make a statewide announcement through the publications of the respective professional societies.
(b) The announcement shall contain the following information: the nature of the work, the criteria upon which the award shall be made, and the time within which statements of interest, qualification and performance data will be received.
(c) The Director shall endeavor to provide to all small business firms which have indicated an interest in receiving such, a copy of each announcement for projects for which the Director concludes that small business firms could be especially qualified. A failure of the Director to send a copy of an announcement to any firm shall not operate to preclude any contract.
NOTE

Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4527, Government Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§789.3. Selection of Services.
Note     •     History

(a) After expiration of the period stated in the publication, the Director shall evaluate statements of qualifications and performance data on file with the Department. Discussions shall be conducted with no less than three firms regarding the required service. From the firms with which discussions are held, the Director shall select, for contract negotiation, no less than three, in order of preference, based upon the established criteria, which are deemed to be the most highly qualified to provide the services required. Where three firms cannot be found which could provide the required service, the Director may then select from the available applicant firms. Selections based on less than three firms must be documented with the names and addresses of firms contacted by the Director and the reasons why the provisions of this section could not be met. This documentation shall be maintained in the Department's contract file.
(b) The Director shall attempt to negotiate a contract with the best qualified firm. If the Director is unable to negotiate a satisfactory contract with this firm at a fair and reasonable price, negotiations with that firm shall be terminated. The Director shall then undertake negotiations with the second most qualified firm. Failing  accord, negotiations shall be terminated. The Director shall then undertake negotiations with the third most qualified firm. Failing accord, negotiations shall be termined. If the Director is unable to negotiate a satisfactory contract with any of the selected firms, the Director shall select additional firms in the manner prescribed and continue the negotiation procedure.
NOTE

Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4528, Government Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§789.4. Conflict of Interest/Unlawful Activity.
Note     •     History

Department employees who are related to persons or have interests in business entities seeking to contract under these regulations shall not participate in any aspect of the contract review or selection process.
Further, any practice that results in an unlawful activity including, but not limited to, rebates, kickbacks or any other unlawful consideration shall be prohibited.
NOTE

Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Sections 4526 and 87100, Government Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§789.5. Amendments.
Note     •     History

If the Department makes a necessary change in the project during performance of the contract and the amount of work to be performed by the contractor has changed from the work originally contemplated by the parties, the contractor's compensation may be adjusted in a fair and reasonable amount by negotiation of a mutual written agreement.
NOTE

Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4528, Government Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§789.6. Contracting in Phases.
Note     •     History

Should the Department determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price or compensation provisions at the time the initial phase is negotiated, provided that the Department shall have determined that the firm is the best qualified to perform the whole project at a fair and reasonable cost, and the contract contains provisions that the State, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated and reflected in a subsequent written instrument. The procedure with regard to negotiation provided for in section 6106 of the Public Contract Code shall be applicable.
NOTE

Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4528, Government Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).
Subdivision 4. Office of Spill Prevention and Response
Chapter 1. General Definitions and Abbreviations
§790. Definitions and Abbreviations.
Note     •     History

Unless the context requires otherwise, the following definitions shall govern the construction of this subdivision.
(a)(1) “Act” means the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 (Statutes of 1990, Chapter 1248) and amendments thereto.
(a)(2) “Administrator” means the administrator for oil spill response appointed by the Governor pursuant to Government Code Section 8670.4 or his or her designee.
(a)(3) “Adverse weather” means the weather conditions that will be considered when determining the appropriate oil spill response systems and equipment for a particular operating environment. Factors that will be considered include wind, significant wave height, temperature, weather-related visibility, and the tides and currents within the response area in which the equipment is intended to function.
(a)(4) “Anchorage or Anchorage designation” means an area designated by the U.S. Army Corps of Engineers or the United States Coast Guard for the anchoring of vessels.
(a)(5) “Assets”, as defined by GAAP, means probable future economic benefits obtained or controlled by a particular entity as a result of past transactions or events.
(a)(6) “Assist/Escort Tug” see “Escort Tug”.
(a)(7) “Area Contingency Plan” (ACP) means an oil spill response plan required by the Coast Guard for each of six regions along the California coast. These six regions are the Federal Area Plan Zones, and are defined in this subchapter under “Geographic Regions.”
(b)(1) “Balance of the Coast” means those areas of the California coast that are not designated as either a high volume port or as a facility transfer area.
(b)(2) “Barge” means any vessel that carries oil in commercial quantities as cargo but is not equipped with a means of self-propulsion.
(b)(3) “Barrel” means 42 United States gallons of oil at 60 degrees Fahrenheit.
(b)(4) “Best achievable protection” means
(A) the highest level of protection which can be achieved through the use of both of the following;
1. the best achievable technology, and
2. those manpower levels, training procedures, and operational methods which provide the greatest degree of protection achievable.
(B) The Administrator's determination of which measures provide the best achievable protection shall be guided by the critical need to protect valuable coastal resources and marine waters, while also considering all of the following;
1. the use of current and historical protection provided by the measures,
2. the technological achievability of the measures, and
3. the cost of the measures.
(C) The Administrator shall not use a cost-benefit or cost-effectiveness analysis or any particular method of analysis in determining which measures provide the best achievable protection. The Administrator shall instead, when determining which measures provide best achievable protection, give reasonable consideration to historical and current prevention methods, historical and current improvements in technology, and response readiness. Additionally the Administrator shall consider the protection provided by the measures, the technological achievability of the measures, and the cost of the measures when establishing the requirements to provide the best achievable protection for coastal and marine resources.
(b)(5) “Best achievable technology” means historical, current or future technology which provides the greatest degree of protection taking into consideration, the following;
(A) processes which are being developed, or could feasibly be developed anywhere in the world, given overall reasonable expenditures on research and development, and
(B) processes which are currently in use anywhere in the world, taking into account historical and current effectiveness provided by the measures already in place.
(C) In determining what is the best achievable technology, the Administrator shall consider the effectiveness and engineering feasibility of the technology and if there would be an improvement over the technology currently in place.
(b)(6) “Bollard Pull” means the force, in pounds, that a tug is capable of exerting against a stationary object. Bollard pull can be measured for either or both of the following:
(A) astern force, which is the force applied when the tug is pushing or pulling astern.
(B) ahead force, which is the force applied when the tug is pushing or pulling ahead.
(b)(7) “Braking Force” means astern bollard pull (at zero speed) for conventional tugs, and ahead bollard pull (at zero speed) for tractor tugs.
(b)(8) “Bulk” see “Oil in Bulk”.
(b)(9) ”Bunkering” or ”Bunkering Operation” means the transfer of oil via hoses, pipelines, or loading arms for the purpose of providing fuel or lubricants to a tank vessel or nontank vessel. A Bunkering Operation includes all phases of the operation from the beginning of mooring activities between the transfer unit and the receiving unit to the departure of either the transfer unit or the receiving unit.
(b)(10) “Bunkering oil” means that product used as fuel for a vessel's propulsion system.
(c)(1) “California marine waters” see “Marine Waters”.
(c)(2) “Cleaned-up” means spilled oil has been removed to the extent that it no longer poses a threat to human health and safety or the environment, as determined by either:
(A) the unified command, consisting of the Federal On-Scene Coordinator (FOSC), the responsible party, if designated, and the Staff (as defined in this chapter); or
(B) the State Incident Commander (as designated by the Administrator) if the unified command is not established.
(c)(3) “Clearing House” means an individual, organization, corporation or agency designated by the Administrator to carry out responsibilities related to tug escort requirements for specific harbors in California.
(c)(4) “Coast Guard Designated Area” see “Geographic Region”.
(c)(5) “COLREGS” is a shortened form of the term `Collision Regulations', and refers to the International Regulations for the Prevention of Collisions at Sea.
(c)(6) “Competitive aspects” means the cost of materials, labor, services, property or other necessities required to carry out a recommendation of a harbor safety committee. These costs shall be compared to other alternative costs for the same or similar requirements and may vary from port to port within a harbor area. Competitive aspects shall be addressed in any economic feasibility report or study made part of any such recommendation.
(c)(7) “Containment area” means that area designated for the containment of any spilled oil with the intent of preventing the oil from reaching open water.
(c)(8) “Conventional Tug” means a tug with screws or propellers which are fixed to provide thrust either fore or aft, parallel to the keel or longitudinal axis of the tug.
(c)(9) “Crude oil” means petroleum in an unrefined or natural state, including condensate and natural gasoline.
(c)(10) “Culturally Sensitive Sites” means locations which include, but are not limited to, historical and archaeological sites, and areas of cultural or economic significance to Native Americans.
(c)(11) “Current assets”, as defined by GAAP, means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash, or sold or consumed during the normal operating cycle of the business.
(c)(12) “Current liabilities”, as defined by GAAP, means those obligations whose liquidation is reasonably expected to require the use of existing resources, properly classifiable as current assets, or the creation of other current liabilities.
(d)(1) “Deadweight tonnage” means the weight of the cargo, fuel, water, and stores necessary to submerge a vessel from its light draft to its load draft. This measurement shall be obtained from the following:
(A) the most current Lloyds Register, or
(B) from the country of registry, or
(C) by documentation from a recognized classification society, or
(D) as reflected in the International Load Line Certificate posted on each vessel.
(d)(2) “Dedicated Response Resources” means equipment and personnel committed solely to oil spill response, containment, and cleanup that are not used for any other activity that would adversely affect the ability of that equipment and personnel to provide oil spill response services in the timeframes for which the equipment and personnel are rated.
(d)(3) “Department” means the California Department of Fish and Game.
(d)(4) “Discharge” see “Spill”.
(d)(5) “Discharge Container System” means any system designed to enclose or restrain spilled oil and prevent it from spreading further and/or reaching open water. Such a system may be fixed or portable, depending upon the application, and may involve specific equipment for certain applications.
(d)(6) “Displacement” means the total weight of water, as measured in long tons, displaced by a vessel at a given load level.
(e)(1) “Economically Sensitive Sites” means locations which include, but are not limited to, public beaches, parks, marinas, boat ramps, diving areas, industrial and drinking water intakes, power plants, salt pond intakes and other similarly situated underwater structures, intertidal and subtidal drilling leases, and major waterways and vessel traffic.
(e)(2) “Effective Daily Recovery Capacity” (EDRC) means that value computed by taking the manufacturer's rating for the recovery capacity of a piece of skimming equipment and reducing that amount to reflect the limitations of the response equipment's efficiency. Limitations on efficiency may be the result of such variables as weather, sea state, velocity of the ocean currents, hours of operation per day, or visibility. The EDRC shall be calculated as 20% of the manufacturer's rated skimming capacity (SC) for the equipment for a 24 hour period, [(SC x 24 hours)20% = EDRC].
(e)(3) “Environmentally Sensitive Site” means sites defined pursuant to the applicable Area Contingency plans, as created and revised by the U.S. Coast Guard and the Administrator.
(e)(4) “Escort/Assist Tug” see “Escort Tug”.
(e)(5) “Escort Tug” means a tug that is designed primarily for pushing or pulling ahead or astern, or towing alongside another vessel. A tug is considered to be designed for escort work whether or not it is involved in such activity. Escort tugs are further defined for specific harbors as follows:
(A) In the harbors of Los Angeles/Long Beach, an “Assist/Escort Tug” means any tug that is accepted by the tank vessel master and/or pilot to escort a tank vessel that is transiting waters where an assist/escort is required.
(B) In the harbor of Port Hueneme, an “Escort/Assist Tug” means any tug that is authorized by the Oxnard Harbor District and/or the U.S. Navy for use in Port Hueneme and is equipped with at least 500 horsepower to escort/assist a tanker or barge transiting waters where escort/assistance is required.
(e)(6) “Escort Vessel” see “Escort Tug”.
(f)(1) “Facility” see “Marine Facility”.
(f)(2) “Facility Transfer Areas” means the areas where oil or oil products are transferred within marine waters, excluding High Volume Ports.
(f)(3) “Facility Transfer Point” means a fixed location where oil or oil products are or can be transferred between a vessel and a facility.
(f)(4) “Federal breakwater” means the line of demarcation as specified in Title 33 Code of Federal Regulations, Section 80.1114.
(f)(5) “Fiscal Year” means the period commencing on the first day of July and ending on June 30 of the following year.
(g)(1) “GAAP” means the Generally Acceptable Accounting Principles in the United States.
(g)(2) “Geographic Region” means one of six regions along the California coast defined by the Coast Guard as the Federal Area Plan Zones. These Coast Guard regions are as follows;
(A) Area 1, North Coast: the Oregon border to the Sonoma/Mendocino County line;
(B) Area 2, San Francisco and the Delta: the Sonoma/Mendocino County line to the Santa Cruz/San Mateo County line, including San Francisco Bay and the portions of the Sacramento/San Joaquin Delta covered under Article 5, Section 8670.28(a)(1) of the Government Code;
(C) Area 3, Central Coast: the Santa Cruz/San Mateo County line to the San Luis Obispo/Monterey County line;
(D) Los Angeles/Long Beach, as follows:
(1) Area 4, Northern Sector: San Luis Obispo, Ventura and Santa Barbara Counties;
(2) Area 5, Southern Sector: Los Angeles and Orange Counties;
(E) Area 6, San Diego: San Diego/Orange County line to the Mexico border.
(g)(3) “Geographic Response Plan” (GRP) means the plan that addresses the response strategies for a Geographic Response Plan Area.
(g)(4) “Geographic Response Plan Areas” (GRA) mean subdivisions of an ACP Area, and are based on natural basins or other natural features, landmarks, or general planning demarcations as described in the appropriate ACP. Each GRP contains all the sensitive sites in its natural basin.
(g)(5) “Gross Registered Tons”, now changed to “Gross Tons”, means a measure of the tanker, barge or nontank vessel's tonnage by volume.
(h)(1) “Harbor Safety Committee” means a committee comprised of those individuals, appointed by the Administrator pursuant to Section 8670.23 of the Government Code, to determine harbor safety needs for the harbors of San Diego; Los Angeles/Long Beach; Port Hueneme; San Francisco, San Pablo, Suisun Bays; and Humboldt Bay.
(h)(2) “Hazardous Materials” means any material that, because of its quantity, concentration or physical or chemical characteristics, would pose a significant present or potential hazard to human health and/or safety, or to the environment if released into the environment. This definition includes, but is not limited to, “oil” as defined in the Act.
(h)(3) “High Volume Ports” means either of the following:
(A) for the San Francisco Bay/Sacramento-San Joaquin Delta; all California marine waters that are within a 50 nautical mile radius of the San Francisco Approach, Lighted Horn Buoy (SF) (LNB) (LLNR 360) [located at 37-45.0N, 122-41.6W] on the San Francisco Bay Chart #18645. This does not include the Ports of Stockton and Sacramento;
(B) for the Los Angeles/Long Beach Harbor; all California marine waters that are within a 50 nautical mile radius of the Approach Lighted Whistle Buoy “LB” (LLNR 3010) [33-42.1N, 118-11.0W] outside the entrance to the Los Angeles/Long Beach Harbors on the Los Angeles and Long Beach Harbor Chart #18751.
(i)(1) “Incident Action Plan” means a document that contains objectives reflecting the overall incident strategy and specific tactical actions and supporting information for the next operational period. The Plan may be oral or written.
(i)(2) “Infrequent Transfer” means a transfer of oil or oil product that is conducted on the average of one time per month or not more than twelve times in a twelve month period.
(i)(3) “Inland waters” means waters of the state other than marine waters, but not including groundwater.
(i)(4) “Intangible assets” means assets, such as trademarks, goodwill, patents, organization costs, computer programs, etc., which lack physical substance.
(i)(5) “Involved Parties” means a responsible party, potentially responsible party, their agents and employees, the operators of all tankers, barges and nontank vessels docked at a marine facility which is the source of a discharge, and all state and local agencies involved in a spill or spill response.
(j) (Reserved)
(k)(1) “Kips” means a thousand pounds of force.
(l)(1) “Liabilities”, as defined by GAAP, means probable future sacrifices of economic benefits arising from present obligations of a particular entity to transfer assets or provide services to other entities in the future as a result of past transactions or events.
(l)(2) “Linefill capacity” means the volume of fluid in a pipeline or pipeline segment as determined by multiplying the cross-sectional area of the inside of the pipeline in square feet, times the length of the pipeline in feet, times 7.48 gallons per cubic foot. [Linefill capacity in gallons equals 7.48(3.1416 r2 * L) where 7.48 = gallons per cubic foot; 3.1416 is the constant, pi; r = inside radius in feet; * = times; and L = length in feet].
(l)(3) “Line Haul Tug” means that tug that provides the primary power to push or pull a barge.
(l)(4) ”Lightering” or ”Lightering Operation” means the transfer of a cargo of oil in bulk from one vessel to another. Lightering includes all phases of the operation from the beginning of mooring activities between the transfer unit and the receiving unit to the departure of either the transfer unit or receiving unit. A lightering operation does not include bunkering.
(l)(5) “LOA” means the actual Length Overall of a vessel measured in meters. This is the length for each vessel as listed in Lloyds Register or with the country of registry.
(l)(6) “Local government” means any chartered or general law city, chartered or general law county, or any city and county.
(l)(7) “Long tons” means a unit of weight equal to 2,240 pounds avoirdupois.
(m)(1) “Marine facility” means:
(A) A drill ship, semisubmersible drilling platform, jack-up type drilling rig, or any other floating or temporary drilling platform.
(B) Any facility of any kind, other than a tanker or barge which;
1. is or was used for the purposes of exploring for, drilling for, producing, storing, handling, transferring, processing, refining, or transporting oil, including pipelines, and
2. is located in marine waters, or is located where a discharge could impact marine waters.
(C) The following facilities are not included in the definition of “marine facility”:
1. facilities which are subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the Health and Safety Code; or
2. facilities which are placed on a farm, nursery, logging site, or construction site and do not exceed a 20,000 gallon capacity in any single storage tank; or
3. small craft refueling docks.
(m)(2) “Marine Terminal” means any marine facility used for transferring oil to or from tankers or barges. This would include all piping not integrally connected to a tank facility as defined in Section 25270.2(k) of the Health and Safety Code relating to above ground storage tanks.
(m)(3) “Marine Waters” means those waters subject to tidal influence and includes the waterways used for waterborne commercial vessel traffic to the Port of Sacramento and the Port of Stockton.
(m)(4) “Master” means the master of the tug engaged in towing a barge or the master of a tanker or nontank vessel.
(m)(5) “Mobile Transfer Unit (MTU)” means a vehicle, truck, or trailer, including all connecting hoses and piping, used for transferring oil at a location where a discharge could impact marine waters.
(m)(6) “Mobilization Time” means the time in which initial response personnel are able to begin movement of spill response resources to the site of an oil spill.
(m)(7) “MTU” means Mobile Transfer Unit.
(n)(1) “Navigational Aid” means any device used by a tanker, barge or nontank vessel that is intended to assist a navigator in determining the tanker, barge or nontank vessel's position or a safe course, or to warn of dangers or obstructions to navigation.
(n)(2) “Non-dedicated Response Resources” means those response resources identified by an Oil Spill Response Organization for oil spill response activities that are not dedicated response resources.
(n)(3) “Non-persistent or Group 1 oil” means a petroleum-based oil, such as gasoline, diesel or jet fuel, which evaporates relatively quickly. Such oil, at the time of shipment, consists of hydrocarbon fractions of which:
(A) at least 50 percent, by volume, distills at a temperature of 340 degrees C (645 degrees F); and
(B) at least 95 percent, by volume, distills at a temperature of 370 degrees C (700 degrees F).
(n)(4) (Nontank Vessel) means a vessel of 300 gross tons or greater that carries oil, but does not carry oil as cargo.
(o)(1) “Office of Spill Prevention and Response” means the California Department of Fish and Game, Office of Spill Prevention and Response established pursuant to the Act.
(o)(2) “Offshore Marine Facility” includes but is not limited to a drill ship, semi-submersible drilling platform, jack-up type drilling rig, facilities located on production piers, artificial islands and platforms, any floating or temporary drilling platform and any facility of any kind which is or was used for purposes of exploring for, drilling for, producing, storing, handling, transferring, processing, refining, or transporting oil and is located in, under, on, or above marine waters. This includes facilities in the process of abandonment, re-drilling, well maintenance and repairs.
(o)(3) “Offshore Marine Terminal” means any marine terminal at which tank vessels or barges are made fast to a buoy or buoys.
(o)(4) “Oil” means any kind of petroleum, petroleum-based liquid hydrocarbons, petroleum products or any fraction or residues therefrom. This shall include, but is not limited to: crude oil, bunker fuel, gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil mixed with waste, and liquid distillates from unprocessed natural gas.
(o)(5) “Oil In Bulk” means any volume of oil carried in the cargo tanks of a vessel. Bulk oil does not include oil carried in packaged form, and does not include residue or clingage remaining in the cargo tanks after the cargo oil has been discharged. During a bunkering or lightering operation, bulk oil may also be that oil which is transferred to or from a marine portable tank or independent tank on board a vessel.
(o)(6) “Oil Pollution Risk Area” or “OPRA”, means a designated geographic location within a High Volume Port where an oil spill could occur. OPRAs are identified by latitude and longitude coordinates.
(o)(7) “Oil Spill Contingency Plan” or “contingency plan” means the oil spill contingency plan required pursuant to Sections 815.03 and 825.03 of this subdivision.
(o)(8) “Oil Spill Response Organization” or OSRO means an individual, organization, association, cooperative, or other entity that provides, or intends to provide, equipment, personnel, supplies, or other services directly related to oil spill containment, cleanup, or removal activities.
(A) A “Rated OSRO” means an OSRO that has received a satisfactory rating from the Administrator for a particular rating level established pursuant to Section 819.01 of this subdivision.
(B) “OSRO” does not include an owner or operator with an oil spill contingency plan approved by the Administrator or an entity that only provides spill management services, or who provides services or equipment that are only ancillary to containment, cleanup, or removal activities.
(o)(9) “Oil Transfer System” means that system as described in 33 CFR Part 154, Subpart (c).
(o)(10) “Operator” see “Owner or Operator”.
(o)(11) “Operating” means, in terms of a tanker, barge or nontank vessel, either:
(A) the transferring and/or transporting of oil, or
(B) that the tanker, barge or nontank vessel is not at anchor, is not made fast to the shore or an anchored tanker, barge or nontank vessel, or not aground.
(o)(12) “OSPR” means the Office of Spill Prevention and Response in the Department of Fish and Game.
(o)(13) “OSRO” means Oil Spill Response Organization.
(o)(14) “Owner or Operator” means any of the following:
(A) in the case of a tanker, barge, or nontank vessel, any person who owns, has ownership interest in, operates, charters by demise, or leases the tanker, barge, or nontank vessel;
(B) in the case of a marine facility or a marine terminal, any person who owns, has an ownership interest in, or operates the marine facility or the marine terminal;
(C) except as provided in subparagraph (D), in the case of any tanker, barge, nontank vessel or marine facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means, to an entity of state or local government, the owner or operator is any person who owned, held an ownership interest in, operated, or otherwise controlled activities concerning the tanker, barge, nontank vessel or marine facility immediately before the conveyance;
(D) an entity of the state or local government which acquired ownership or control of a tanker, barge, nontank vessel or marine facility, when the entity of the state or local government has caused or contributed to a spill or discharge of oil into marine waters;
(E) “Owner” or “Operator” does not include a person who, without participating in the management of a tanker, barge, nontank vessel or marine facility, holds indicia of ownership primarily to protect his or her security interest in the tanker, barge, nontank vessel or marine facility;
(F) “Operator” does not include any person who owns the land underlying a marine facility or the facility itself if the person is not involved in the operations of the facility.
(o)(15) “Owners' equity”, as defined by GAAP, means the difference between total assets and total liabilities.
(p)(1) “P&I Club” see “Protection and Indemnity Club”.
(p)(2) “Persistent Oil” means a petroleum-based oil that does not meet the distillation criteria for a non-persistent oil. Persistent oils are further classified based on both specific and American Petroleum Institute (API) observed gravities corrected to 60 degrees Fahrenheit, as follows:
(A) Group 2 - specific gravity greater than or equal to 0.8000 and less than 0.8500. API gravity less than or equal to 45.0 and greater than 35.0;
(B) Group 3 - specific gravity greater than or equal to 0.8500 and less than 0.9490. API gravity less than or equal to 35.0 and greater than 17.5;
(C) Group 4 - specific gravity greater than or equal to 0.9490 and up to and including 1.0. API gravity less than or equal to 17.5 and greater than 10.0;
(D) Group 5 - specific gravity greater than 1.0000. API gravity equal to or less than 10.0.
(p)(3) “Person” means any individual, trust, firm, joint stock company, or corporation, including, but not limited to, a government corporation, partnership, and association. Also included is any city, county, city and county, district and the state or any department or agency thereof, and the federal government or any department or agency thereof, to the extent permitted by law.
(p)(4) “Petroleum Barge” see “Barge”.
(p)(5) “Pilot” means a person duly licensed by the U.S. Coast Guard as a Federal First Class Pilot authorized to serve as a pilot on tankers and nontank vessels transiting in specified harbors in California. This person may or may not be the “Master” as defined in this chapter.
(p)(6) “Pipeline” means any line or conduit used at any time to transport oil. A pipeline will be considered a marine facility if it is located in marine waters or where a discharge from the pipeline could impact marine waters.
(p)(7) “Point of Transfer”, means a position either physically located on the receiving or transferring tanker, barge, or nontank vessel, or in the case of a response vessel, located within 1/2 miles of the actual oil transfer operation.
(p)(8) “Port Authority” means the person, governmental agency or civilian organization responsible for the operation, control and administration of a port or harbor area.
(p)(9) “Production pier” means a structure supported above marine waters by pilings, columns or caissons which is connected to land and upon which is situated an oil and gas production operation.
(p)(10) “Protection and Indemnity (P&I) Club” means a mutual insurance organization formed by a group of ship owners or operators in order to secure cover for various risks of tanker, barge, or nontank vessel operation, including oil spill costs, not covered by normal hull insurance.
(q)(1) “QI” see “Qualified Individual”.
(q)(2) “Qualified Individual (QI)” means a shore-based representative of a tanker, barge, nontank vessel or facility owner or operator. The QI can be an individual or company that provides QI services. The QI must be fluent in English, located in the continental United States, available on a 24-hour basis, and have full written authority to implement the tanker, barge, nontank vessel or facility's contingency plan. A person stationed on a fixed, off-shore platform is considered to be shore-based for purposes of this definition. A QI is not necessarily the responsible party unless otherwise considered a responsible party as defined in this chapter. The duties of the QI shall include:
(A) activating and engaging in contracting with required oil spill response organizations;
(B) acting as liaison with, and following the orders of, the State Incident Commander and/or Federal On-Scene Coordinator through the Unified Command during all phases of spill response. This would include the ability to make changes to the plan when so ordered by the Administrator or the Federal On-Scene Coordinator;
(C) obligating, either directly or through prearranged contracts, any funds necessary to carry out all required or directed oil spill response activities detailed in the tanker, barge, nontank vessel or facility's contingency plan or specified by order of the Incident Commander and/or Federal On-Scene Coordinator.
(r)(1) “Rated OSRO” means an OSRO that has received a satisfactory rating from the Administrator for a particular rating level established pursuant to Section 819.01 of this subdivision.
(r)(2) “Reasonable Worst Case Oil Spill” is defined in the chapters of this subdivision where the term is used.
(r)(3) “Regional Response Team (RRT)” means the federal, interagency organization that is responsible for granting approval for the use of cleanup agents during an oil spill response. The RRT was established under the federal Oil Spill Act of 1990 and is composed of representatives of the federal agencies enumerated in 40 CFR §300.175(b), as well as state and local representatives.
(r)(4) “Remove” or “Removal” means the extraction of oil from the water and shorelines, or taking other action as necessary to minimize or mitigate oil-related damage to the environment, or to safeguard the public health or welfare.
(r)(5) “Response Area” means the area in which spill response activities are occurring. This shall include the designated routes that response vessels will transit to and from temporary storage facilities or other locations as specified by the Administrator and/or the Federal On-Scene Coordinator during the course of an oil spill incident.
(r)(6) “Response Resources” means all the personnel, equipment, supplies, and services necessary to perform oil spill response activities.
(r)(7) “Response Vessel” means any tanker, barge or other waterborne craft used in the course of response activities during an oil spill incident.
(r)(8) “Responsible Party (or Party Responsible)” means any of the following:
(A) the owner or transporter of oil or a person or entity accepting responsibility for the oil;
(B) the owner, operator or lessee of, or person who charters by demise, any tanker, barge, nontank vessel or marine facility;
(C) a person or entity who accepts responsibility for vessel or marine facility; or
(D) the person who fulfills the role of the Qualified Individual during spill response only if that person is also one of the individuals as described in subparagraphs (A) through (C) above.
(r)(9) “Risk and Hazard Analysis” means a study in which process hazards and potential operating problems that could lead to oil spills are identified using systematic methods recommended by the American Institute of Chemical Engineers, or other means approved by the Administrator. This is the study referred to as the Hazard and Operability Study in Section 8670.28 of the Government Code.
(r)(10) “Risk Zone” means one of the areas along the California coast that has been differentiated by the relative risk of an oil spill occurring in that area. The areas so designated shall be termed: High Volume Ports;

Facility Transfer Areas; or the Balance of the Coast; and are further defined in this chapter.
(s)(1) “Santa Barbara Channel Area” see “Facility Transfer Area”.
(s)(2) “Sensitive Site Strategy Evaluation Program (SSSEP)” means the program to test and evaluate the effectiveness of the protection response strategies developed in the ACPs to protect the sensitive sites in California's marine waters. This program, managed by the Administrator, will ensure that the strategies will be effective in an actual oil spill emergency.
(s)(3) “Shifting” means to move or transfer a tanker, barge, or nontank vessel from one place or position in the harbor to another in the harbor.
(s)(4) “Shoreline Protection Tables” or SP Tables, means the tables dated July 17, 2006, incorporated by reference herein, developed by the Office of Spill Prevention and Response and posted on the Office's website. These tables outline the shoreline protection requirements for California's coastal areas and applies to all vessels of 300 gross tons or greater. Small Harbor Tables are included to define the shoreline protection requirements for vessels that operate in the small harbors as listed.
(s)(5) “Short ton” means a unit of weight equal to 2,000 pounds, avoirdupois.
(s)(6) “Small Craft” means any vessel, other than a tanker or barge, that is less than 65 feet, 7 1/2 inches (20 meters) in length.
(s)(7) “Small Craft Refueling Dock” means a waterside operation that dispenses only non-persistent oil in bulk and small amounts of persistent lubrication oil in sealed containers, primarily to small craft, and meets both of the following criteria:
(A) has tank storage capacity not exceeding 20,000 gallons in any single storage tank or tank compartment; 
(B) has a total useable tank storage capacity not exceeding 75,000 gallons.
(s)(8) “Small marine fueling facility” means either of the following:
(A) a mobile transfer unit, or
(B) a fixed facility that is not a marine terminal, which dispenses primarily nonpersistent oil, and may dispense small amounts of persistent oil, primarily to small craft, and meets all of the following criteria:
(1) has tank storage capacity not exceeding 40,000 gallons in any single storage tank or storage tank compartment,
(2) has total usable tank storage capacity not exceeding 75,000 gallons,
(3) had an annual throughput volume of over-the-water transfer of oil that did not exceed 3,000,000 gallons during the most recent preceding 12-month period.
(s)(9) “Small vessel” see “Small Craft”.
(s)(10) “Spill (or Discharge)” means any release of at least one barrel (42 gallons) of oil which impacts marine waters or inland waters that was not authorized by a federal, state, or local governmental entity.
(s)(11) “Staff” means the Administrator or any personnel within the California Department of Fish and Game authorized to act on behalf of the Administrator.
(s)(12) “State Fiscal Year” see “Fiscal Year”
(s)(13) “State Incident Commander” means a person with the overall authority for managing and conducting incident operations during an oil spill response, who shall manage an incident consistent with the standardized emergency management system required by Section 8607 of the Government Code. Incident management generally includes the development of objectives, strategies and tactics, ordering and release of resources, and coordination with other appropriate response agencies to ensure that all appropriate resources are properly utilized and that this coordinating function is performed in a manner designated to minimize risk to other persons and to the environment.
(s)(14) “State Liaison Officer” means that person responsible for the coordination of information between the State Incident Commander/Federal On-Scene-Coordinator and other state and local government representatives. The State Liaison Officer is a function within the Incident Command System as described in the State Marine Oil Spill Contingency Plan.
(s)(15) “Static Bollard Pull” see “Bollard Pull”.
(t)(1) “Tank Barge” see “Barge”
(t)(2) “Tank Ship”, see “Tanker”.
(t)(3) “Tank Vessel” means any tanker or barge that carries oil in commercial quantities as cargo.
(t)(4) “Tanker” means any self-propelled, waterborne vessel, constructed or adapted to transport oil in bulk or in commercial quantities as cargo.
(t)(5) “Terminal” see “Marine Terminal”.
(t)(6) “Tractor Tug” means a tug which is propelled by blades or screws which may be manipulated or rotated to provide propulsive thrust to any part of a 360 degree arc relative to the keel or longitudinal axis of the tug.
(t)(7) “Transporting oil in bulk” see “Oil in Bulk”.
(t)(8) “Tug” or “Tug Escort” see “Escort Tug”.
(u) “Unified Command” consists of the Federal On-Scene Coordinator, the State On-Scene Coordinator and a representative of the Responsible Party, if designated.
(v)(1) “Vessel” means any watercraft or ship of any kind, including every structure adapted to be navigated from place to place for the transportation of merchandise or persons.
(v)(2) “Vessel Carrying Oil as Secondary Cargo” means any vessel that does not carry oil as a primary cargo, but does carry oil in bulk as cargo or cargo residue.
(v)(3) “Vessel of Opportunity” means any craft engaged in spill response activities that is otherwise normally and substantially involved in activities other than spill response.
(v)(4) “Vessel Traffic Service (VTS) System” means the system authorized pursuant to 33 CFR Part 161, or Government Code Section 8670.21.
(v)(5) “VTS” means Vessel Traffic Service System.
(w)(1) “Working Capital”, as defined by GAAP, means current assets minus current liabilities.
(w)(2) “Working Days” means those days of the week that are not state or federal holidays, weekends or days that State of California offices are ordered to be closed by the Governor.
NOTE

Authority cited: Sections 8670.7, 8670.13.1, 8670.13.2, 8670.17.2, 8670.23.1, 8670.28, 8670.29 and 8670.35, Government Code. Reference: Sections 8670.3, 8670.7, 8670.13, 8670.13.2, 8670.17.2, 8670.21, 8670.23.1, 8670.28, 8670.29, 8670.31 and 8670.35, Government Code.
HISTORY

1. New section filed 8-15-91 as an emergency; operative 8-15-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 12-1-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 12-13-91 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 4-13-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-91 order including amendment of Note and amendment of subsections (c), (m)(2), (r)(1), (w)(1), (w)(2), (x)(2), (z), (aa), (ab), adoption of subsection (m)(3), redesignation of subsection (f) to subsection (d) and subsection relettering transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Editorial correction of History 2 (Register 95, No. 12).
5. Amendment of section and Note and subsection renumbering filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
6. Amendment of subsection (z) filed 6-23-95; operative 7-23-95 (Register 95, No. 25).
7. Change without regulatory effect renumbering former chapter 1 to chapter 2, renumbering and amending former section 790 to section 791, and adding new chapter 1 and section filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
8. Change without regulatory effect repealing subsections (g)(2)(D) and (g)(2)(E), subsection relettering, amending newly designated subsection (g)(2)(D), adding subsections (g)(2)(D)(1)-(2), amending subsections (m)(5), (s)(6) and (s)(6)(A), repealing subsection (s)(6)(C), and adding subsections (s)(7)-(s)(7)(B)(3) with subsection renumbering filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43).
9. Amendment of section and Note filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
10. Amendment of subsections (m)(1)(C)1. and (o)(2), new subsection (v)(2), subsection relettering, and amendment of Note filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
11. Amendment of subsections (f)(2)(A), (f)(2)(D), (m)(1)(B)1. and (p)(2)-(p)(2)(D) and amendment of Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
12. New subsections (a)(7) and (r)(2) and subsection relettering filed 7-28-98; operative 8-27-98 (Register 98, No. 31).
13. Amendment of subdivision 4 heading filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
14. Amendment of section and Note filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53). 
15. Amendment of subsection (n)(4) and amendment of Note filed 9-17-2001; operative 9-17-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 38).
16. Amendment of subsections (b)(9), (l)(4) and (m)(5), repealer of subsection (s)(2), subsection renumbering, amendment of newly designated subsections (s)(4), (s)(5), (s)(8) and (s)(9), repealer of subsections (t)(5) and (v)(3) and subsection renumbering filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
17. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
18. Amendment of subsection (a)(2), repealer of subsections (i)(1)-(i)(2), subsection renumbering, new subsection (i)(3), amendment of subsections (s)(10) and (s)(13), new subsection (u) and amendment of Note filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
19. New subsection (o)(6) filed 5-15-2009; operative 7-1-2009 (Register 2009, No. 20).
20. New subsection (w)(2) and amendment of Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§790.5. Schedule of Compliance. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 8670.37.54(b), Government Code. Reference: Sections 8670.37.51-8670.37.57, Government Code.
HISTORY

1. New section filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
2. Change without regulatory effect renumbering former  section 790.5 to section 791.5 filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
Chapter 2. Financial Responsibility
Subchapter 1. Certificates of Financial Responsibility
§791. Definitions.
Note     •     History

In addition to the definitions in Chapter 1, Section 790 of this subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede any definition in Chapter 1:
(a) “Applicant” means an owner or operator or a person accepting responsibility for the oil who has submitted to the Administrator an application for a California Certificate of Financial Responsibility.
It shall be a conclusive presumption that any party making an application for a Certificate of Financial Responsibility pursuant to Section 8670.37.53 of the Government Code is either an owner or operator or is an authorized agent acting within the scope of employment, direction, and control of the owner or operator.
(b) “Certificate” means an owner or operator or a person accepting responsibility for the oil who has been issued a Certificate of Financial Responsibility under this subchapter.
(c) “Certificate of Financial Responsibility” (“Certificate” or “COFR”) means an official written acknowledgement issued by the Administrator that an owner or operator of a tank vessel, nontank vessel, vessel carrying oil as a secondary cargo, marine facility, or the owner of the oil has demonstrated to the satisfaction of the Administrator the financial ability to pay for costs and damages caused by an oil spill.
(d) “Large barge” for the purposes of determining financial responsibility, means a barge with a cargo capacity of 150,000 or more barrels of oil.
(e) “Proof of entry” means the documents that evidence that an owner of a tanker, barge, nontank vessel, or person named is covered for oil pollution liabilities by a Protection and Indemnity Club.
(f) “Reasonable Worst Case Oil Spill” is defined in Chapter 3 of this subdivision where the term is used: Marine Facility -- Section 817.02(d)(1); Small Marine Fueling Facility -- Section 817.03(d)(1); Tank Vessel -- Section 818.02(e)(1); Vessels Carrying Oil As Secondary Cargo -- Section 818.03(e)(1); and Nontank Vessel -- 827.02(h)(1).
(g) “Small barge”, for the purposes of determining financial responsibility, means a barge with a cargo capacity of less than 150,000 barrels of oil.
NOTE

Authority cited: Sections 8670.37.53 and 8670.37.54, Government Code. Reference: Sections 8670.3 and 8670.37.51-8670.37.58, Government Code.
HISTORY

1. New section filed 8-15-91 as an emergency; operative 8-15-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 12-1-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 12-13-91 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 4-13-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-91 order including amendment of Note and amendment of subsections (b)(5), (c), (d) and (f), repealer of subsections (c)(1) and (d)(1), and subsection renumbering transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Amendment of section heading, section and Note and subsection renumbering filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Amendment filed 6-23-95; operative 7-23-95 (Register 95, No. 25).
6. Change without regulatory effect renumbering former chapter 1 to chapter 2, renumbering and amending former section 790 to section 791, and renumbering and amending former section 791 to new section 791.7 filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
7. Amendment of first paragraph, subsection (a) and Note filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
8. Amendment of section and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
9. New subsections (c) and (d), subsection relettering, amendment of newly designated subsection (e) and amendment of Note filed 2-4-2000 as an emergency; operative 2-4-2000 (Register 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-5-2000 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed prior to 2-4-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 31).
11. Amendment of subsection (c) and amendment of Note filed 12-21-2000 as an emergency; operative 12-21-2000 (Register 2000, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-20-2001 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsection (c) and amendment of Note refiled 4-16-2001 as an emergency; operative 4-16-2001 (Register 2001, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-2001 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 4-16-2001 order, including further amendment of section, transmitted to OAL 8-3-2001 and filed 9-17-2001 (Register 2001, No. 38).
14. Change without regulatory effect amending subsection (a) and amending Note filed 6-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 26).
15. Amendment of Note filed 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
16. Repealer of subsection (c), subsection relettering, new subsection (d), repealer of subsection (f) and amendment of Note filed 10-9-2008; operative 11-8-2008 (Register 2008, No. 41).
17. New subsections (a) and (c), subsection relettering and amendment of newly designated subsection (b) filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
§791.5. Schedule of Compliance. [Repealed]
Note     •     History

NOTE

Authority cited: Section 8670.37.54, Government Code. Reference: Sections 8670.37.51-8670.37.58, Government Code.
HISTORY

1. Change without regulatory effect  renumbering former section 790.5 to new section 791.5 filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
2. Amendment filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
3. Amendment of NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
4. Change without regulatory effect amending Note filed 6-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 26).
5. Amendment of Note filed 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
6. Repealer of section and amendment of Note filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
§791.6. Purpose and Scope.
Note     •     History

(a) The purpose of this subchapter is to specify the procedures and timelines for managing certificate of financial responsibility. 
(b) Before operating in California, all operators or owners of tank vessels or the owners of the oil contained therein, nontank vessels, and marine facilities shall demonstrate to the satisfaction of the Administrator the financial ability to pay for costs and damages caused by a spill and have been issued a valid Certificate of Financial Responsibility (hereafter referred to as a certificate). The application, evidence of financial responsibility, and fee if applicable shall be received by OSPR at least ten calendar days prior to operating or entering marine waters. 
NOTE

Authority cited: Sections 8670.37.54, 8670.37.56 and 8670.37.58, Government Code. Reference: Sections 8670.37.54-8670.37.56, Government Code. 
HISTORY

1. New section filed 4-3-2012; operative 5-3-2012 (Register 2012, No. 14).
§791.7. Procedures for Application for California Certificate of Financial Responsibility.
Note     •     History

(a) The following applications shall be used to obtain a certificate:
(1) Application for Certificate of Financial Responsibility for Operators or Owners of Tank Vessels (application), referred to as FG OSPR Form 1925 (9/09);
(2) Application for Certificate of Financial Responsibility for Operators or Owners of Nontank Vessels (application), referred to as FG OSPR Form 1972 (7/11);
(3) Application for Certificate of Financial Responsibility for Marine Facilities, (application), referred to as FG OSPR Form 1924 (9/09); 
(4) Application for Certificate of Financial Responsibility for Owners of Oil (application), referred to as FG OSPR Form 1947 (9/09); and 
(5) Application for Certificate of Financial Responsibility for Mobile Transfer Units (application), referred to as FG OSPR Form 1946 (2/08).
(6) These forms shall collectively be referred to as applications and incorporated by reference herein. 
(7) The applications shall be obtained from and, upon completion, submitted to the Office of Spill Prevention and Response (OSPR) at the following address:

DEPARTMENT OF FISH AND GAME

OFFICE OF SPILL PREVENTION AND RESPONSE (OSPR)

1700 K STREET, SUITE 250

SACRAMENTO, CA 95811
WWW.DFG.CA.GOV/OSPR
(b) Any facility owner/operator may request exemption from the requirement to obtain a certificate on the basis that a spill from the facility could not reasonably be expected to impact marine waters.
(1) Such request must be submitted to the Administrator and must provide specific, technical justification for the request.
(2) Prior to granting or denying the request, the Administrator may inspect the facility to determine if a spill from the facility could potentially impact marine waters.
(3) Within forty-five (45) business days of receipt of a request for exemption, the Administrator shall inform the facility owner/operator in writing if the justification is complete and the exemption is granted, or that it is deficient and what specific information or documentation is required.
(4) If the exemption request is deemed deficient:
(A) within fifteen (15) business days of receipt of the notice of deficiency, the facility owner/operator must submit the required information or documentation to the Administrator.
(B) within twenty-one (21) business days of receipt of this information, the Administrator shall notify the facility owner/operator if the exemption has been granted or denied.
(5) If the request for exemption is denied, the facility owner/operator must submit an application for a certificate within ten (10) business days of the date the notice of denial is received by the owner/operator, unless a request for reconsideration is submitted pursuant to Section 791.7(g).
(c) General Application Procedures.
(1) All applications and supporting documents shall be prepared in English and all monetary terms shall be in U.S. currency.
(2) All spaces on the application shall be completed with either the requested information or the phrase “Not applicable”.
(3) All applications shall be signed by the applicant or authorized representative of the applicant, whose title shall be indicated in the space provided on the application.
(4) All applications shall be accompanied by a written delegation of authority to submit the application on behalf of the applicant where the person signing the application is an individual other than the individual applicant in the case of a sole proprietorship, a partner in the case of a partnership applicant, or an authorized signatory or official of a corporate applicant.
(5) Operator(s) or owner(s) of nontank vessels shall submit a nonrefundable fee per vessel with each new or renewal application as follows: Do not deduct any processing fees from the per vessel fee.
(A) Operator(s) or owner(s) of nontank vessels with a carrying capacity of over 6,500 barrels, or over 7,500 barrels for nontank vessels owned and operated by California or a federal agency, shall submit a nonrefundable USD $2,500 fee per vessel, or;
(B) Operator(s) or owner(s) of nontank vessels that have a carrying capacity greater than 500 barrels of oil and less than or equal to 6,500 barrels of oil, or a carrying capacity greater than 500 barrels of oil and less than or equal to 7,500 barrels of oil for nontank vessels owned and operated by California or a federal agency, shall submit a nonrefundable USD $1,500 fee per vessel, or;
(C) Operator(s) or owner(s) of nontank vessels that have a carrying capacity of 500 barrels of oil or less shall submit a nonrefundable USD $500 fee per vessel.
(6) If, prior to certificate issuance, an applicant becomes aware of a material change in any of the facts contained in the application or supporting documents, the applicant shall, within five (5) business days of becoming aware of the change or changes, notify the Administrator in writing of the change.
(7) Each certificate issued by the Administrator shall:
(A) except as provided in Subsection (c)(8) below, expire no later than two years following its issuance date; 
(B) bear its expiration date clearly on its face;
(C) provide instructions for the return of the certificate to OSPR upon certificate revocation (per Section 796 of this subchapter);
(D) provide instructions how to return the certificate to OSPR upon the certificate ceasing to be the owner or operator.
(8) The Administrator may issue a certificate for a marine facility for a period of not longer than three years if the Administrator finds that:
(A) continued operation is necessary to finance abandonment of the marine facility; and
(B) the financial resources the applicant is able to demonstrate are reasonably sufficient to cover any spill-related damages from the facility.
(d) Application processing by the OSPR - Tankers, Nontank Vessels, Large Barges, and Owners of Oil.
(1) Applications and evidence of financial responsibility submitted by owners or operators of tankers, nontank vessels, large barges, and owners of oil will be reviewed within twenty-one (21) calendar days of receipt by the OSPR. Certificates will be issued within that period provided that the following has been received: (1) adequate information was furnished in the application, (2) receipt of the nontank vessel fee, and (3) acceptable evidence of financial responsibility, as determined by the Administrator, has been received. The criteria for demonstrating financial responsibility are set forth in Section 795 of this subchapter. Amounts of financial responsibility that must be demonstrated are as follows:
(A) Operator(s) or owner(s) of tankers, large barges, or owners of, or persons accepting responsibility for the oil, shall demonstrate their current financial ability to pay at least one billion dollars ($1,000,000,000).
(B) Except as provided in (C) below, operator(s) or owner(s) of nontank vessels shall demonstrate their current financial ability to pay at least 300 million dollars ($300,000,000) for any damages arising from an oil spill during the term of the certificate.
1. Certificates of financial responsibility are not required for non-self propelled nontank vessels that do not carry any oil.
(C) Operator(s) or owner(s) of nontank vessels that have a carrying capacity of 6,500 barrels of oil or less, or a carrying capacity of 7,500 barrels of oil or less for nontank vessels owned and operated by California or a federal agency, shall demonstrate their current financial ability to pay the following appropriate amount of financial responsibility:
1. $2,000,000 for those that have a carrying capacity from less than 1 to not more than 10 barrels;
2. $5,000,000 for those that have a carrying capacity greater than 10 to not more than 50 barrels;
3. $10,000,000 for those that have a carrying capacity greater than 50 to not more than 500 barrels;
4. $18,900,000 for those that have a carrying capacity greater than 500 to not more than 1,000 barrels.
5. Those nontank vessels that have a carrying capacity greater than 1000 to not more than 6,500 barrels, or 7,500 barrels for nontank vessels owned and operated by California or a federal agency, shall determine the amount of financial responsibility as follows: subtract 1,000 barrels from the total carrying capacity of oil of the nontank vessel: multiply this amount by $5,670 (which represents 30% of the cargo multiplied by the maximum per barrel clean-up and damage cost of spilled oil of $18,900); then add $18,900,000.
6. The amount of financial responsibility shall not exceed the amount required for nontank vessels as set forth in Section 8670.37.58(a) of the Government Code.
7. Certificates of financial responsibility are not required for non-self propelled nontank vessels that do not carry any oil.
(2) The amounts in this subsection (d) are in effect unless amended by Section 8670.37.53(a), 8670.37.58(a) or 8670.41 of the Government Code.
(3) If the information contained in the application, evidence of financial responsibility, or any supplemental information provided is insufficient, the Administrator shall notify the applicant of the nature of such insufficiency within twenty-one (21) calendar days from the date of receipt of the application and evidence of financial responsibility, or any supplemental information or additional evidence, whichever is applicable. Applicants shall then have ten (10) business days from the date of notification to provide the missing information or additional evidence.
(A) Certificates will be issued within fifteen (15) calendar days of the submission of additional evidence or supplemental information provided that acceptable evidence or adequate information was received. In the event that acceptable evidence or adequate information is not received, the Administrator may deny the application by providing written notice specifying the reasons for the denial following the ten (10) day period set forth in Subsection (d)(3) above.
(e) Application processing by the OSPR - Small Barges, Marine Facilities, Small Marine Fueling Facilities, Mobile Transfer Units, and Vessels Carrying Oil As Secondary Cargo.
(1) Applications regarding small barges, marine facilities, small marine fueling facilities (as defined in Section 790 of this subdivision), mobile transfer units, and vessels carrying oil as secondary cargo (as defined in Section 790 of this subdivision) will be reviewed and applicants notified of the amount of financial responsibility required within twenty-one (21) calendar days of receipt by the OSPR.
(2) The OSPR shall determine the amount of financial responsibility as follows:
(A) For small barges, except for those vessels carrying oil as secondary cargo addressed under Subsection (e)(2)(F) of this section:
1. the product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times thirty percent (30%) of the maximum cargo capacity, as measured in barrels, of the small barge.
2. The amount of financial responsibility shall not exceed the amount required for tankers as set forth in Section 8670.37.53(a) of the Government Code.
3. The amount of financial responsibility required for small barges used exclusively to transfer, transport, store, or mechanically treat oily waste water may be reduced if allowed by the Administrator following reconsideration pursuant to the procedures established in Subsection 791.7(g). If a reduced financial responsibility amount is allowed, it shall be based on: $12,500 times thirty percent (30%) of the maximum concentration of oil found in the oily waste water, as measured in barrels.
4. However, the amount of financial responsibility will, in no case, be reduced below the minimum of $1,000,000.
(B) For marine facilities except for those offshore marine facilities, small marine fueling facilities, and mobile transfer units addressed under Subsections (e)(2)(C), (e)(2)(D) and (e)(2)(E), respectively, of this section:
1. the product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times the reasonable worst case spill volume, as measured in barrels, calculated in the applicant's oil spill contingency plan, in accordance with Sections 817.02(d)(1)(A), 817.02(d)(1)(B), 817.02(d)(1)(C) and 817.02(d)(1)(E) of Title 14 of the California Code of Regulations.
2. The amount determined pursuant to this paragraph shall not be less than $1,000,000 or in excess of $300,000,000, unless otherwise determined by the Administrator following reconsideration pursuant to subsection 791.7(g).
(C) For offshore marine facilities engaged in drilling operations which may have the potential for resulting in an uncontrolled release of oil from the reservoir into marine waters:
1. the product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times the reasonable worst case spill volume, as measured in barrels. This volume is based on calculations and parameters proposed by the offshore marine facility in the certificant's oil spill contingency plan, in accordance with Sections 817.02(d)(1)(C)-(E) of Title 14 of the California Code of Regulations; plus:
2. The amount determined pursuant to this paragraph shall not be less than $10,000,000 or in excess of $300,000,000, unless otherwise determined by the Administrator following reconsideration pursuant to subsection 791.7(g).
(D) For small marine fueling facilities except for those mobile transfer units addressed under Subsection (e)(2)(E) of this section:
1. the product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times the reasonable worst case spill volume, as measured in barrels, calculated in the certificant's oil spill contingency plan, in accordance with Section 817.03(d)(1)(A) of Title 14 of the California Code of Regulations.
(E) For mobile transfer units:
1. The product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times thirty percent (30%) of the maximum cargo capacity, as measured in barrels, of the unit.
2. The amount of financial responsibility required for mobile transfer units used exclusively to transport oil-water mixture may be reduced if allowed by the Administrator following reconsideration pursuant to the procedures established in Subsection 791.7(g). If a reduced financial responsibility amount is allowed, it shall be based on: $12,500 times thirty percent (30%) of the maximum concentration of oil found in the oily waste water, as measured in barrels.
(F) For Vessels Carrying Oil As Secondary Cargo:
1. the product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times thirty percent (30%) of the maximum oil cargo capacity, as measured in barrels, of the vessel.
2. The amount of financial responsibility shall not exceed the amount required for tankers as set forth in Section 8670.37.53(a) of the Government Code.
3. However, the amount of financial responsibility will, in no case, be reduced below the minimum of $1,000,000.
(3) Evidence of financial responsibility must be submitted within twenty-one (21) calendar days from the date applicant receives notice of the amount of financial responsibility. The Administrator may waive the twenty-one (21) day period for submitting such evidence.
(4) Certificates will be issued for small barges, marine facilities, small marine fueling facilities, mobile transfer units, and vessels carrying oil as secondary cargo within ten (10) business days following the receipt of acceptable evidence of financial responsibility by the OSPR, as determined by the Administrator. The criteria for demonstrating financial responsibility are set forth in Section 795 of this subchapter.
(5) If the information contained in the application, evidence of financial responsibility, or the other supplemental information provided is insufficient, the Administrator shall notify the applicant of the nature of such insufficiency within twenty-one (21) calendar days from the date of receipt of either the application, evidence of financial responsibility, or supplemental information, whichever is applicable. Applicants shall then have ten (10) business days from the date of notification to provide the missing information or additional evidence.
(A) Certificates will be issued within ten (10) business days following the submittal of evidence of financial responsibility and any additional evidence required, provided that acceptable evidence and adequate information is received. In the event that acceptable evidence or adequate information is not received, the Administrator may deny the application by providing written notice specifying the reasons for the denial following the ten (10) day period set forth above.
(B) If no evidence of financial responsibility is submitted following issuance of the notice of financial responsibility or if the response to a notice of insufficiency is inadequate, the Administrator may deny the application by providing written notice specifying the reasons for the denial following the twenty-one (21) day or ten (10) day submittal period specified above, whichever is applicable.
(f) Application renewals.
(1) Certificate renewal applications are sent to the applicant approximately forty-five (45) days prior to the expiration of the existing certificate. In order to renew a certificate, renewal applications must be submitted prior to the expiration date.
(2) If at any time after a certificate has been issued, a certificant becomes aware of a material change in any facts contained in the application or supporting documents, which includes, but is not limited to the certificant ceasing to be the owner or operator of the tanker, barge, nontank vessel, or marine facility, or the owner of the oil; or that the method of demonstrating financial responsibility will be terminated or any coverage thereunder will cease; the certificant shall notify OSPR, in writing, within five (5) business days of becoming aware of the material change. If there is a change in applicant name, vessel name change or if the certificate expires, a new certificate will be necessary.
(3) If the method of demonstrating financial responsibility, as provided in the certificant's application pursuant to this section is about to expire, the certificant shall submit to the Administrator, prior to expiration, proof of renewal or change in the method of demonstrating financial responsibility. As applicable, see Section 795(a): Insurance; (b): Self-insurance; (c): Surety Bond; (d): Letter of Credit; (e): Guaranty; or (f): P&I Clubs. These sections describe the expiration and renewal process, and timeframe for submission of renewal information.
(4) Operator(s) or owner(s) of nontank vessels shall submit a nonrefundable fee per vessel, as set forth in Section 791.7(c)(5) of this subchapter. Do not deduct any processing fees from the per vessel fee.
(g) Requests for Reconsideration.
(1) Applicants may submit a written request to the Administrator requesting reconsideration of the amount of financial responsibility that the applicant must demonstrate to obtain a certificate, or any decision to deny issuance of a certificate or a renewal certificate, or any decision to deny exemption from the requirement to obtain a certificate. Requests must be submitted within ten (10) business days from the date that the applicant receives notice of denial or of the amount of financial responsibility to be demonstrated. The Administrator may waive the ten (10) day period for submitting a request.
(2) The request must contain the basis for requesting reconsideration and, if applicable, provide evidence which rebuts the basis for the Administrator's denial of the application, renewal application, exemption, or financial responsibility determination. 
(3) Within ten (10) business days from the date the request for reconsideration is received, the OSPR will advise the applicant of the Administrator's decision whether the request will be considered. 
(4) Within fifteen (15) calendar days following the notice that the Administrator will consider the request, the applicant will either be sent a notice that the Administrator shall adhere to his or her earlier decision (i.e., deny the request for reconsideration); or a certificate shall be issued; or a revised notice of financial responsibility shall be issued; or an exemption shall be granted.
NOTE

Authority cited: Sections 8670.37.54, 8670.37.58 and 8670.41, Government Code. Reference: Sections 8670.37.53, 8670.37.54, 8670.37.58 and 8670.41, Government Code.
HISTORY

1. Change without regulatory effect  renumbering and amending former section 791 to new section 791.7 filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
2. Change without regulatory effect repealing subsection (e)(2)(B)2. and subsection renumbering filed 7-18-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 29).
3. Change without regulatory effect amending subsections (e)(2)(A)3., (e)(2)(B), (e)(2)(B)2., (e)(2)(C)3. and (e)(2)(D)2. and repealing subsections (e)(2)(B)4.-5. filed 8-3-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 31).
4. Change without regulatory effect amending subsection (a) and adding (a)(1)-(6) designators, amending subsections (d)(1)(A)-(C), and amending forms incorporated by reference at subsections (a)(1), (a)(2), (a)(3) and (a)(4) filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43). FG OSPR Forms 1924 (10/96), 1925 (10/96), 1926 (2/95), 1927 (2/95), 1928 (2/95), 1929 (2/95), 1930 (2/95), 1946 (2/96) and 1947 (8/96), which are incorporated by reference in Section 791.7, were removed from print but are still incorporated.
5. Amendment filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
6. Editorial correction of subsection (a) (Register 98, No. 30).
7. Change without regulatory effect amending subsections (a)(2), (e)(2)(B)1., and (e)(2)(D)1. filed 7-23-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 30).
8. Amendment of section and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
9. Amendment of subsections (a)(1), (d) and (d)(1) and new subsections (d)(1)(D)1. and 2. filed 2-4-2000 as an emergency; operative 2-4-2000 (Register 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-5-2000 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed prior to 2-4-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 31).
11. Amendment of subsection (a)(2), repealer of subsection (d)(1)(A), subsection relettering, amendment of newly designated subsection (d)(1)(B)2., new subsections (d)(1)(C)-(d)(1)(C)8. and repealer and new Note filed 12-21-2000 as an emergency; operative 12-21-2000 (Register 2000, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-20-2001 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsections (a)(2) and (d)-(d)(1), repealer of subsections (d)(1)(A) and (d)(1)(D), subsection relettering, new subsections (d)(1)(C)-(d)(1)(C)8. and repealer and new Note refiled 4-16-2001 as an emergency, including further amendment of subsections (d)(1)(C)2.-5.; operative 4-16-2001 (Register 2001, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-2001 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 4-16-2001 order, including further amendment of section, transmitted to OAL 8-3-2001 and filed 9-17-2001 (Register 2001, No. 38).
14. Change without regulatory effect amending subsections (d)(1)(C)6. and (d)(1)(C)8. and amending Note filed 6-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 26).
15. Change without regulatory effect amending subsections (a)(1)-(2) and (a)(4) filed 7-25-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 30).
16. Amendment of subsections (a)(2) and (c)(5), new subsections (c)(5)(A)-(C), repealer of subsections (d)(1)(B)1. and (d)(1)(C)7., subsection renumbering, redesignation and amendment of portion of subsection (d)(1)(C) as subsection (d)(2), subsection renumbering and amendment of subsection (f)(3) filed 11-21-2002 as an emergency; operative 1-1-2003 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-1-2003 or emergency language will be repealed by operation of law on the following day.
17. Editorial correction of subsection (d)(1)(B)1. (Register 2002, No. 49).
18. Amendment of subsections (a)(2) and (c)(5), new subsections (c)(5)(A)-(C), repealer of subsections (d)(1)(B)1. and (d)(1)(C)7., subsection renumbering, redesignation and amendment of portion of subsection (d)(1)(C) as subsection (d)(2), subsection renumbering and amendment of subsection (f)(3) refiled 4-30-2003 as an emergency; operative 5-2-2003 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-2-2003 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 4-30-2003 order, including further amendment of section and Note, transmitted to OAL 5-15-2003 and filed 6-26-2003 (Register 2003, No. 26).
20. Change without regulatory effect amending subsections (a)(1)-(5) and forms OSPR-1924, OSPR-1925, OSPR-1946, OSPR-1947 and OSPR-1972 (incorporated by reference) filed 8-21-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 34).
21. Amendment of subsections (a)(1)-(5) filed 4-17-2006; operative 5-17-2006 (Register 2006, No. 16).
22. Change without regulatory effect amending subsection (a)(2) and form FG OSPR-1972 (incorporated by reference) filed 6-5-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 23).
23. Amendment of subsections (a)(1)-(5), (a)(7) and (c)(7)(A)-(B), new subsections (c)(7)(C)-(D), amendment of subsections (f)(1)-(2) and amendment of Note filed 10-9-2008; operative 11-8-2008 (Register 2008, No. 41).
24. Change without regulatory effect amending subsections (a)(1)-(3) and FG OSPR Forms 1924, 1925 and 1972 (incorporated by reference) filed 3-2-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 10).
25. Amendment of subsections (a)(1)-(4) filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5). 
26. Editorial correction of History 25 (Register 2010, No. 6).
27. Amendment of subsections (a), (c)(8)(B), (e)(1), (e)(2)(B)1. and (f)(1)-(2), new subsection (f)(3), subsection renumbering and repealer of subsections (h)-(h)(2) filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
28. Amendment of subsection (a)(2) and form FG OSPR-1972 (incorporated by reference) filed 11-22-2011 as an emergency; operative 1-1-2012 pursuant to Government Code section 11346.1(d) (Register 2011, No. 47). A Certificate of Compliance must be transmitted to OAL by 6-29-2012 or emergency language will be repealed by operation of law on the following day.
29. Amendment of subsections (a) and (a)(7) and repealer of subsections (c)(9)-(c)(9)(C) filed 4-3-2012; operative 5-3-2012 (Register 2012, No. 14).
§792. Certification Requirements: Tankers, Nontank Vessels, Large Barges, and Owners of Oil.
Note     •     History

(a) Each tanker or barge operator or owner who transports oil across California marine waters or the owner(s) of all the oil contained in and to be transferred to or from the tanker or barge, or the person accepting responsibility for the oil, or each nontank vessel operator or owner entering the marine waters of the state, shall obtain a certificate issued by the Administrator prior to operating in California marine waters.
(b) To obtain a certificate, the operator(s) or owner(s) of tankers, nontank vessels, large barges, or owner(s) of oil contained therein, or the person accepting responsibility for the oil, shall demonstrate the required amounts of financial responsibility found in Subsection 791.7(d).
(c) The required amounts of financial responsibility in no way restricts or sets financial limitations on any duty, obligation or liability of the responsible party to the State of California or any other public or private entity. This includes civil penalties assessed pursuant to all applicable federal, state and local laws.
(d) When the owner(s) of all of the oil contained in the tanker, barge or nontank vessel, or the person accepting responsibility for the oil, hold the certificate(s) in lieu of the tanker, barge or nontank vessel operator or owner, the owner(s) or person accepting responsibility for the oil, shall provide a copy of documentation demonstrating ownership of, or responsibility for, all the oil contained in the vessel, a written statement authorizing application of the certificate(s) to the tanker, barge or nontank vessel, and a copy of the certificate to the tanker, barge or nontank vessel operator.
(e) If the operator or owner of a vessel intends to rely on the certificate(s) issued to the owner(s) of or person(s) accepting responsibility for the oil cargo, the vessel operator shall, at least twenty-four (24) hours prior to transporting the oil across California marine waters, provide the Administrator with the following:
(1) a copy or copies of the certificate(s) applicable to all of the oil at all times during the transport; and
(2) a copy of a written statement by the holder(s) of the applicable certificate(s) authorizing its (their) application to the vessel.
(f) Operators who are not also the owners of the certificated tankers, barges or nontank vessels, shall carry on board such tankers, barges or nontank vessels a copy of the charter-party or any other written document which demonstrates that the operators are the operators designated on the certificates.
(g) Owners or operators of tankers, barges or nontank vessels used exclusively to respond to, contain, and clean up oil spills shall be exempt from the financial responsibility requirements set forth in this chapter, provided the responsible party or the Administrator agrees to indemnify the owner or operator, or the owner or operator is subject to the qualified immunity provisions set forth in Government Code Section 8670.56.6.
NOTE

Authority cited: Sections 8670.37.54, 8670.37.51, 8670.37.53 and 8670.37.58, Government Code. Reference: Sections 8670.37.51-8670.37.58 and 8670.56.6, Government Code.
HISTORY

1. New section filed 8-15-91 as an emergency; operative 8-15-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 12-1-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 12-13-91 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 4-13-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-91 order including amendment of subsections (c), (d), (g), (j) and (k), transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Amendment of section heading and section filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Change without regulatory effect  amending subsection (b) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
6. Amendment of subsections (b) and (e) filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
7. Amendment of section heading, section and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
8. Amendment of subsections (a), (b), (d) and (e) filed 2-4-2000 as an emergency; operative 2-4-2000 (Register 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-5-2000 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 2-4-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 31).
10. Change without regulatory effect amending Note filed 6-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 26).
11. Amendment of Note filed 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
12. Repealer of subsection (e), subsection relettering and amendment of Note filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5). 
13. Editorial correction of History 12 (Register 2010, No. 6).
14. Amendment of subsection (a) filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
§793. Certification Requirements: Small Barges, Marine Facilities, Small Marine Fueling Facilities, Mobile Transfer Units, and Vessels Carrying Oil As Secondary Cargo.
Note     •     History

(a) Operators or owners of small barges, marine facilities, small marine fueling facilities, mobile transfer units, and vessels carrying oil as secondary cargo shall demonstrate the financial ability to pay for any damages arising from an oil spill resulting from the operations of the small barge, marine facility, small marine fueling facility, mobile transfer unit, or vessel carrying oil as secondary cargo.
(b) Each operator or owner of a small barge, marine facility, small marine fueling facility, mobile transfer unit, or vessel carrying oil as secondary cargo shall obtain a Certificate of Financial Responsibility from the Administrator.
(c) Each operator or owner of a marine terminal within the state may only transfer oil to or from a vessel following receipt and verification of a copy(s) of the certificate(s) issued by the Administrator to the operator of the vessel or owner(s) of or persons accepting responsibility for the oil contained in the vessel, as well as all the oil to be transferred to or from the vessel.
(d) Each marine terminal operator or owner may only transfer oil to a vessel which is intended to be used for transporting oil to a second vessel located within twelve (12) miles of the California shoreline and which is intended to be used for transporting such oil as cargo, following receipt and verification of a copy(s) of the certificate(s) issued to the person(s) responsible for both vessels or all of the oil contained in both vessels, as well as all the oil to be transferred to both vessels.
(e) Each marine terminal operator or owner may only transfer oil from a vessel which has been used for transporting oil cargo from a second vessel located within twelve (12) miles of the California shoreline, following receipt and verification of a copy(s) of the certificate(s) issued to the person(s) responsible for both vessels or all of the oil contained in both vessels, as well as all the oil to be transferred from both vessels.
(f) Each marine terminal operator or owner shall be determined to have met the verification requirements set forth in Subsections (d), (e), and (f) of this regulation, when, at the time of oil transfer, the marine terminal operator or owner has:
(1) obtained verbal verification that the certificate (s) is (are) current and applicable to the vessel(s) and, if applicable, all of the oil contained in or to be transferred to or from the vessel from the person(s) responsible for the vessel(s) or from person(s) responsible for the oil to be transferred to or from the affected vessels or from person(s) authorized to provide this verification; and
(2) visually inspected all relevant manifests or similar documentation (e.g., U.S. Customs Cargo Declarations) to confirm the information ascertained pursuant to Subsection (g)(1), above; and
(3) assured that the information contained in Certificates of Financial Responsibility, required to be obtained pursuant to this subchapter, is consistent with the information acquired in Subsections (g)(1) and (2), above.
(g) The operator or owner of the marine terminal must retain a copy of the certificate(s) obtained in accordance with Subsections (d), (e), and (f) of this section for a period of not less than one year.
(h) The Administrator shall determine the amount of financial responsibility that owners or operators of small barges, marine facilities, small marine fueling facilities, mobile transfer units, and vessels carrying oil as secondary cargo must demonstrate. The amount shall be based on the procedures described in Subsection 791.7(e)(2) of this subchapter.
(i) The required amounts of financial responsibility in no way restricts or sets financial limitations on any duty, obligation or liability of the responsible party to the State of California or any other public or private entity. This includes civil penalties assessed pursuant to all applicable federal, state and local laws.
(j) Owners or operators of mobile transfer units used exclusively to respond to, contain, and clean up oil spills shall be exempt from the financial responsibility requirements set forth in this subchapter, provided the responsible party or the Administrator agrees to indemnify the owner or operator, or the owner or operator is subject to the qualified immunity provisions set forth in Government Code Section 8670.56.6.
(k) Special procedures for owners or operators of offshore marine facilities engaged in drilling operations.
(1) The operator or owner of any offshore marine facility from which drilling operations are being carried out, where the drilling operations may have the potential for resulting in an uncontrolled release of oil from the reservoir into marine waters, shall demonstrate the financial ability to pay for any damages resulting from the operations of the offshore marine facility during an oil spill from the facility or from the drilling operations. The amount shall be based on the procedures described in Subsection 791.7(e)(2)(C).
(2) At such time as an operator or owner described in Subsection (l)(1) of this section submits an application to the State Lands Commission or the Division of Oil, Gas and Geothermal Resources in the Department of Conservation for permission to carry out drilling operations which may have the potential for resulting in an uncontrolled release of oil from the reservoir into marine waters, that operator or owner shall apply for and obtain from the Administrator an amended Certificate of Financial Responsibility to reflect the requirements of Subsection (l)(1) of this section. The amended certificate shall no longer be required once the drilling operations are completed.
NOTE

Authority cited: Sections 8670.37.51, 8670.37.53 and 8670.37.54, Government Code. Reference: Sections 8670.37.51-8670.37.57 and 8670.56.6, Government Code.
HISTORY

1. New section filed 8-15-91 as an emergency; operative 8-15-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 12-1-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 12-13-91 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 4-13-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-91 order including amendment of subsections (a), (c) and (i) transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Amendment of section heading, section and Note filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Change without regulatory effect  amending subsections (i) and (l)(1)filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
6. Amendment of section heading and section filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
7. Amendment of Note filed 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
8. Amendment of subsections (a), (e)-(g) and (h) filed 4-17-2006; operative 5-17-2006 (Register 2006, No. 16).
9. Repealer of subsection (c), subsection relettering and amendment of Note filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
§794. Multiple Vessels/Facilities Certifications.
Note     •     History

(a) Certificates shall be issued, one for each tanker, barge or nontank vessel or facility listed on the completed application, following approval of the application by the OSPR.
(b) Total financial responsibility for multiple small barges, multiple marine facilities, multiple small marine fueling facilities, multiple mobile transfer units, or multiple vessels carrying oil as secondary cargo  shall be based on the barge, facility, unit, or tanker, barge or nontank vessel which poses the greatest financial risk during an oil spill as determined pursuant to Subsection 791.7(e)(2).
(c) An oil spill or spills occurring from one or more tankers, barges or nontank vessels, or marine facilities within or outside of California marine waters, which cause the certificate holder(s) to be liable for damages exceeding five percent (5%) of the total financial resources reflected by the certificate, as determined by the Administrator, shall cause the Administrator to:
(1) immediately review the certificate holder's financial resources to determine the applicability of this section to the certificate holder and notify the holder of the results of the review prior to issuing a determination that the certificate is inapplicable to any tanker, barge or nontank vessel, or marine facility not associated with the spill; and
(2) where a determination is made that the certificate is inapplicable, provide the certificate holder reasonable time to cease necessary operations; and
(3) consider the certificate inapplicable to any tanker, barge or nontank vessel, or marine facility not associated with the spill.
(d) Operators or owners holding certificates deemed inapplicable to any tanker, barge or nontank vessel, or marine facility not associated with the spill(s), pursuant to Subsection (c) above, shall reapply for a certificate for any or all tanker(s), barge(s) or nontank vessel(s), or marine facility(s) not associated with the spill. Upon reapplication, the operator(s) or owner(s) shall demonstrate to the satisfaction of the Administrator that:
(1) the operator(s) or owner(s) has (have) the amount of financial ability required pursuant to this subchapter; and
(2) the operator(s) or owner(s) has (have) the financial ability to pay all damages which arise or have arisen from the spill or spills which have occurred.
NOTE

Authority cited: Sections 8670.37.54, 8670.37.55 and 8670.37.58, Government Code. Reference: Section 8670.37.55, Government Code.
HISTORY

1. New section filed 8-15-91 as an emergency; operative 8-15-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 12-1-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 12-13-91 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 4-13-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-91 order including amendment of subsection (c) transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Repealer of subsection (a), subsection relettering, and amendment of newly designated subsections (a), (b) and (d) filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Change without regulatory effect  amending subsection (b) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
6. Amendment filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
7. Amendment of section and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
8. Amendment of subsections (b), (c), (c)(1), (c)(3) and (d) filed 2-4-2000 as an emergency; operative 2-4-2000 (Register 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-5-2000 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 2-4-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 31). 
10. Editorial correction removing erroneous History 10 (Register 2001, No. 16).
11. Change without regulatory effect amending Note filed 6-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 26).
12. Amendment of Note filed 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
13. Amendment of subsection (a) and Note filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
§795. Evidence of Financial Responsibility.
Note     •     History

In the application submitted pursuant to Section 791.7, financial responsibility must be demonstrated by an applicant using the method(s) described below:
(a) Insurance.
(1) Applicants may submit any of the following:
(A) an insurance policy or other documentation, and a certificate of insurance that is acceptable to the Administrator specifying the nature, type, and amount of insurance. At a minimum, the insurance policy or certificate must include the following information:
1. Name and address of insured;
2. Name and principal characteristics of tanker(s), barge(s) or nontank vessel(s) or facility covered;
3. Name and address of insurer(s);
4. Policy number(s);
5. Effective date and term of coverage;
6. All conditions and limitations of the policy or certificate which may affect coverage in the event of discharge of oil;
7. Language that the policy covers damages as specified in Government Code Section 8670.56.5, except as provided in (D) below:
8. Evidence of dollar amounts of insurance policy or certificate of insurance;
9. Amount of deductibles and/or self-insured retention (SIR); and
10. language that termination or cancellation of this policy insofar as it serves as proof of the Insured's financial responsibility pursuant to Section 795, shall not become effective until 30 days after notice to OSPR, with the exception for nonpayment of premium which will require 10 days notice, has been submitted in writing by the Insurer to the Insured and to the Office of Spill Prevention and Response.
(B) a certificate of insurance that is acceptable to the Administrator and an endorsement executed by the underwriter or insurer which contains the language set forth in the California standard endorsement. Refer to the Endorsement for Vessels Calling Upon California -- Oil Spill Labilities, FG OSPR Form 1929 (2/08) for endorsements to policies for tankers, barges or nontank vessels; and to Endorsement for Marine Facilities -- Oil Spill Liabilities, FG OSPR Form 1962 (2/08) for endorsements to policies for marine facilities (other than mobile transfer units); and to the Endorsement for Mobile Transfer Units and Transportable Treatment Units -- Oil Spill Liabilities, FG OSPR Form 1930 (2/08) for endorsements to policies provided as evidence of coverage for mobile transfer units and transportable treatment units, incorporated by reference herein.
(C) similar or comparable evidence of insurance acceptable to the Administrator.
(D) If an insurance policy or broker's cover note is being submitted as as evidence for excess coverage over and above a P&I Club policy, then one of the following is required:
1. Language that the policy covers damages as specified in Government Code Section 8670.56.5; or
2. The insurance policy shall be signed by the underwriter and shall state that the insurance policy covers the assured's legal liability for oil pollution claims, and is issued under the same terms and conditions as the underlying P&I Club policy; or
3. The underwriter shall acknowledge in writing that the broker has the authority to include language in the broker's cover note that the insurance policy covers the assured's legal liability for oil pollution claims, and is issued under the same terms and conditions as the underlying P&I Club policy.
When multiple underwriters are providing coverage, the underwriter who sets rates and conditions shall execute the appropriate documents.
(E) If an insurance policy is being submitted for excess coverage over and above the primary policy, then one of the following is required:
1. language that the policy covers damages as specified in Government Code Section 8670.56.5; or
2. a copy of the “following form” language which states that the policy is issued under the same terms and conditions as the primary or underlying policy or policies.
(2) At the Administrator's discretion, a deductible provision or self-insured retention (SIR) layer which is greater than $250,000, in any policy of insurance or certificate is only acceptable if:
(A) the applicant shows supplemental coverage for the amount of the deductible or SIR by means of other acceptable insurance, surety, guaranty, self-insurance, letter of credit, or other proof of financial responsibility acceptable to the Administrator; or
(B) the deductible provision provides for a loss reimbursement plan which contains language guaranteeing that the insurer will be responsible for payment of all claims on a first dollar basis, without waiting for the insured to pay the amount of the deductible.
(3) No later than thirty (30) calendar days following the expiration of the current policy period, certificants using insurance as evidence of financial responsibility shall submit a certificate of insurance, or other written documentation acceptable to the Administrator evidencing that the renewal of certificant's insurance policy occurred on or before the previous policy's expiration date. 
Certificant shall also submit a copy of that portion of the renewal policy that includes language that the policy covers damages as specified in Government Code Section 8670.56.5; an Endorsement form (FG OSPR Form 1929 (2/08), FG OSPR Form 1930 (2/08), or FG OSPR Form 1962 (2/08)); other documentation which contain the minimum information set forth in Subsection (a)(1) above; or similar or comparable evidence of insurance acceptable to the Administrator. Any additional terms or limitations which may affect coverage, including the renewal and new expiration dates, shall be included.
(4) If an insurance policy is submitted that for any reason states that it cannot be used or offered as evidence of financial responsibility, then the applicant must simultaneously submit a declaration from the underwriter, or a broker designated and authorized by the underwriter, containing the information required in Subsection (a)(1), above.
(5) For insurance coverage to be acceptable, the insurer providing coverage must be licensed or approved by the California Insurance Commissioner to do business in the State of California (i.e., be an admitted company) or, must be on the list of eligible surplus line insurers pursuant to Section 1765.1 of the Insurance Code or is otherwise acceptable to the Administrator based on conditions similar to those listed above. The insurer providing coverage must also have a current AM Best rating of at least A-, but the Administrator may waive this rating requirement on a case-by-case basis if sufficient justification is provided.
(b) Qualification as a self-insurer.
(1) An applicant may satisfy financial responsibility requirements by demonstrating, to the Administrator's satisfaction, that the applicant meets the requirements specified in this subsection. To qualify as a self-insurer, the applicant must meet the criteria of either Subsections (b)(1)(A) (Test I), or (b)(1)(B) (Test II) below.
(A) Test I - The applicant must have:
1. one of the following two ratios:
a. a ratio of total liabilities to net worth less than 1.5;
b. a ratio of cash flow (the sum of net income, after taking into consideration the effect of any extraordinary items, plus depreciation, depletion, and amortization) minus $20 million to total liabilities greater than 0.1; and
2. worldwide owners' equity minus intangible assets (i.e., “tangible net worth”) equal to at least $20 million plus two times the amount of self-insurance to be established as set forth in Section 791.7; and
3. assets in the United States amounting to at least ninety percent (90%) of total assets or at least two times the amount of self-insurance to be established as set forth in Section 791.7.
(B) Test II - The applicant must have:
1. a current rating of the applicant's most recent bond issuance of AAA, AA, A, or BBB- stable or better, as issued by Standard and Poors or Aaa, Aa, A, or Baa as issued by Moody's or commercial paper rating of A1, A2, or the equivalent; and
2. worldwide owners' equity minus intangible assets (i.e., “tangible net worth”) of at least $20 million plus two times the amount of self-insurance to be established; and
3. assets in the United States amounting to at least ninety percent (90%) of total assets or at least two times the amount of self-insurance to be established.
(2) Applicants relying upon self-insurance provisions set forth in subsection (b)(1) of this section as evidence of financial responsibility shall submit the following additional documentation to the Administrator:
(A) a letter signed by a financial officer if the applicant is a corporation; a general partner if the applicant is a partnership; or the proprietor if the applicant is a sole proprietorship; or an authorized representative of the aforementioned, stating:
1. he or she is a financial officer, general partner, proprietor (as applicable) or authorized representative of the organization or business entity; and
2. that the letter supports the applicant's use of a financial test to demonstrate financial responsibility by self-insuance pursuant to this section; and
3. whether the applicant or a subsidiary of the applicant is the owner or operator of the tankers, barges or nontank vessels, or facilities described in the applications or the owner of oil; and
4. the applicant agrees to notify the Administrator by certified mail within five (5) business days if, at any time, the applicant fails to meet the self-insurance test criteria.
5. A letter stating that the certificant expects to meet the self-insurance test criteria for the upcoming year shall be submitted annually, at least five (5) days prior to the close of the certificant's fiscal year.
(B) annual financial statements audited by an independent certified public accountant after the close of the certificant's fiscal year. The applicant may submit, in lieu of audited financial statements, copies of the most recent Form 10-K and any subsequent Forms 10-Q filed pursuant to the Securities Exchange Act of 1934 providing that the Form 10-K includes audited financial statements. These documents shall be submitted within ninety (90) days of the close of certificant's fiscal year.
(c) Surety bond.
(1) An applicant may demonstrate financial responsibility by obtaining and submitting to the Administrator a surety bond which conforms to the requirements of this subsection. The surety bond form shall be in the form provided by Title 11, California Code of Regulations, Chapter 2, Section 25. Refer to bond form number 44.2, titled “Surety Bond for Oil Spill Response and Damages”. The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) Upon written request, the Administrator may waive the thirty (30) day notice period for terminations prior to the bond's expiration date pursuant to item 10 of the bond form with respect to any unloaded tanker(s), barge(s) or nontank vessel(s), covered by the surety bond.
(3) The bond shall contain no additional terms or conditions which limit the surety company's obligation to pay for costs and damages arising under Government Code Section 8670.56.5.
(4) Under the terms of the bond, the bond shall be subject to and governed by the laws of the State of California.
(5) Applicants utilizing surety bonds to demonstrate evidence of financial responsibility shall establish a standby trust fund. The Trust Agreement shall be in the form prescribed by this subchapter. Refer to FG OSPR Form 1926 (3/99) for tankers, barges or nontank vessels/owners of oil and FG OSPR Form 1961 (3/97) for marine facilities, incorporated by reference herein, for approved language. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with the Administrator's instructions.
(d) Letter of Credit.
(1) An applicant may satisfy financial responsibility requirements by obtaining and submitting to the Administrator an Irrevocable Standby Letter of Credit in favor of the State of California. The issuing institution must be an entity which is acceptable to the Administrator and which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency. The letter of credit shall be in the form prescribed by this section. Refer to FG OSPR Form 1927 (3/97), incorporated by reference herein. The Irrevocable Letter of Credit shall:
(A) be effective on or before the approval date of the Certificate of Financial Responsibility; and
(B) be addressed to the Administrator.
(2) The letter of credit shall contain no additional terms or conditions which limit the issuing institution's obligation to make funds available for costs and damages arising under Government Code Section 8670.56.5.
(3) An applicant utilizing a letter of credit to demonstrate evidence of financial responsibility shall establish a standby trust fund. The Trust Agreement shall be in the form prescribed by this section. Refer to FG OSPR Form 1926 (3/99) for tankers, barges or nontank vessels/owners of oil and FG OSPR Form 1961 (3/97) for marine facilities for approved trust agreement language. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the State of California shall be deposited by the issuing institution directly into the standby trust fund in accordance with the Administrator's instructions.
(e) Guaranty:
(1) An applicant may satisfy the financial responsibility requirements determined pursuant to this chapter by obtaining a written guaranty which conforms to the requirements of this subsection. The Guaranty of Financial Responsibility for Oil Spill Response and Damages shall be in the form prescribed by this section. Refer to FG OSPR Form 1928 (1/08), incorporated by reference herein, for approved language.
(2) Applicants utilizing guarantees to demonstrate evidence of financial responsibility must submit a properly executed guaranty to the OSPR.
(3) Upon written request, the Administrator may waive the thirty (30) day notice period for terminations prior to the guaranty's expiration date pursuant to item 9 of the guaranty form with respect to any unloaded tanker(s), barge(s) or nontank vessel(s) covered by the guaranty. 
(4) The guaranty shall contain no additional terms or conditions which limit the guarantor's obligation to pay for costs and damages arising under Government Code Section 8670.56.5.
(5) Except in circumstances where the guarantor itself is a responsible party, no guarantor shall be held liable for any cleanup costs and damages which exceed the amount of financial responsibility that the guarantor has provided.
(6) Applicants utilizing guarantees shall establish a standby trust fund.
(A) The Trust Agreement shall be in the form prescribed by this section. Refer to FG OSPR Form 1926 (3/99) for tankers, barges or nontank vessels/owners of oil and FG OSPR Form 1961 (3/97) for marine facilities for approved language.
(B) Under the terms of the guaranty, all payments made thereunder shall be deposited by the guarantor directly into the standby trust fund in accordance with the Administrator's instructions.
(C) Where the guarantor is the parent corporation of the applicant, the requirement to establish a standby trust fund is waived.
(f) Protection and Indemnity Club (P&I Club). 
Membership in a P&I Club is acceptable evidence of financial responsibility if the following documentation is provided: proof of entry of each tank vessel or nontank vessel, into a protection and indemnity club (P&I Club), which also reflects that each entered tank vessel or nontank vessel is covered for pollution risk in the amount set forth in Section 791.7 above and which names the applicant as an assured or member; all addenda which pertain to pollution risk and deductibles; and a copy of the applicable P&I Club rules.
(1) At the Administrator's discretion, an applicant submitting evidence of P&I Club cover containing a deductible or similar provision which is greater than $250,000 may be required to submit the following additional proof before applicant's evidence of financial responsibility shall be deemed acceptable:
(A) the applicant shows supplemental coverage for the amount of the deductible by means of other acceptable insurance, surety, guaranty, self-insurance, letter of credit, or other proof of financial responsibility acceptable to the Administrator; or
(B) the deductible provision provides for a loss reimbursement plan which contains language guaranteeing that the P&I Club will be responsible for payment of all claims on a first dollar basis, without waiting for the member to pay the amount of the deductible.
(2) Renewal:
No later than forty-five (45) calendar days, following expiration of the P&I Club coverage, certificants using P&I Club membership as the method of evidence of financial responsibility shall submit a copy of the addendum or renewal certificate of entry, both of which contain the information required by Subsection (f), and any additional terms or conditions which may affect cover, including the renewal and new expiration dates.
(g) Other evidence of financial responsibility. Applicants may provide other evidence of financial responsibility that is not specifically mentioned in this subchapter and which is acceptable to the Administrator.
(h) Combination of methods. Any one or a combination of the above-described methods may be utilized to establish the amount of financial responsibility required pursuant to this subchapter.
(i) At any time during the application process or the period for which a certificate is issued, the Administrator may require the applicant or certificant to demonstrate that the method used to provide financial assurances remains current and in effect.
NOTE

Authority cited: Sections 8670.37.53, 8670.37.54 and 8670.37.58, Government Code. Reference: Sections 8670.37.53 and 8670.37.54, Government Code.
HISTORY

1. New section filed 8-15-91 as an emergency; operative 8-15-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 12-1-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 12-13-91 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 4-13-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-91 order including amendment of subsections (a)(4), (a)(5), (b)(1), (b)(1)(c), (c)(5), (c)(6), (d)(1), (d)(2), (e)(1)(E), (e)(1)(H), (f)(1) and (f)(2) transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Amendment of section and Note filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Renumbering of subsections (b)(1)(A)1.-3., (b)(1)(B)1.-3., and (b)(2)(A)1.-4. filed 6-23-95; operative 7-23-95 (Register 95, No. 25).
6. Change without regulatory effect  amending subsection (a)(1) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
7. Change without regulatory effect amending subsections (b)(3) and (f) filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43).
8. Amendment filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
9. Amendment of section and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
10. Amendment of subsection (a)(2) filed 2-4-2000 as an emergency; operative 2-4-2000 (Register 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-5-2000 or emergency language will be repealed by operation of law on the following day.
11. Change without regulatory effect amending subsections (a)(2)(B) and (a)(5) filed 6-30-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 26).
12. Reinstatement of section as it existed prior to 2-4-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 31).
13. Amendment of subsection (a)(2)(B), new subsections (a)(2)(E)-(a)(2)(E)2. and amendment of subsections (a)(4), (a)(5), (b)(1)(B)1. and (f)(1) filed 9-17-2001; operative 9-17-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 38).
14. Change without regulatory effect amending subsections (a)(2)(A)7., (a)(2)(D), (a)(2)(E)1. and (a)(5) and amending Note filed 6-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 26).
15. Amendment of Note filed 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
16. Amendment of subsections (a)(2)(A)7., (a)(2)(B) and (a)(5) filed 4-17-2006; operative 5-17-2006 (Register 2006, No. 16).
17. Amendment of subsections (a)(2)(A)8.-9., new subsection (a)(2)(A)10., amendment of subsections (a)(2)(B), (a)(2)(D)1., (a)(2)(E)1., (a)(5), (a)(8), (c)(1) and (e)(1) and amendment of Note filed 10-9-2008; operative 11-8-2008 (Register 2008, No. 41).
18. Amendment filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
19. Amendment of subsections (a)(3) and (f)(2) and amendment of Note filed 4-3-2012; operative 5-3-2012 (Register 2012, No. 14).
§796. Certificate Revocation.
Note     •     History

(a) A certificate may be revoked immediately with concurrent written notice by the Administrator to the certificant for any of the following reasons: 
(1) making a false material statement in connection with an application for or renewal of a certificate; 
(2) failure to establish or maintain evidence of financial responsibility as required by this Subchapter;
(3) when the holder of the certificate is no longer the owner or operator of the tanker, barge or nontank vessel or marine facility, or owner of the oil in question; or

(	4) when the certificant did not provide their evidence of financial responsibility within the time frames specified by this Subchapter. 
(b) A certificate is invalid if the evidence of financial responsibility required under Section 795 lapses or is otherwise no longer in effect. 
(c) Request for Reconsideration.
(1) Certificants may submit a written request to the Administrator requesting reconsideration of any decision to revoke a certificate. Requests must be submitted within ten (10) business days from the date the applicant receives notice of revocation. The Administrator may waive the ten (10) day period for submitting a request. 
(2) The request must contain the basis for requesting reconsideration and, if applicable, provide evidence which rebuts the basis for the Administrator's revocation of the certificate. The certificate shall remain valid while the request for reconsideration is reviewed.
(3) Within ten (10) business days from the date the request for reconsideration is received, the OSPR will advise the certificant of the Administrator's decision whether the request will be considered. 
(4) Within fifteen (15) calendar days following the notice that the Administrator will consider the request, the certificant will either be sent a notice that the Administrator shall adhere to his or her earlier decision (i.e., deny the request for reconsideration), or the notice of revocation shall be rescinded.
(e) If a certificate is revoked, a new application and fee, if applicable, are required.
NOTE

Authority cited: Sections 8670.37.54, 8670.37.56 and 8670.37.58, Government Code. Reference: Sections 8670.37.54-8670.37.56, Government Code.
HISTORY

1. New section filed 8-15-91 as an emergency; operative 8-15-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 12-1-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 12-13-91 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 4-13-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-91 order transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Amendment of subsection (d) filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Amendment filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
6. Amendment of subsection (b)(1) and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
7. Amendment of section heading and section filed 9-17-2001; operative 9-17-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 38).
8. Change without regulatory effect amending Note filed 6-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 26).
9. Amendment of Note filed 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
10. Repealer of subsection (c), subsection relettering and amendment of Note filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
11. Amendment of subsections (a)-(a)(2), repealer of former subsections (b) and (b)(2), redesignation of former subsection (b)(1) as new subsection (a)(3) and new subsections (a)(4) and (b) filed 4-3-2012; operative 5-3-2012 (Register 2012, No. 14).
§797. Reporting and Suspension.
Note     •     History

(a) The certificant shall provide written notification to the Administrator of an event which could produce a material change that affects the certificant's ability to comply with the financial responsibility requirement. Such events include, but are not limited to, an oil spill or discharge occurring within or outside of California marine waters from one or more tankers, barges or nontank vessels, or marine facilities or other facilities for which the certificant may be liable for damages, or other significant action against the certificant (e.g., bankruptcy, insolvency). Additionally, the certificants must notify the Administrator in writing of any potential liability that could produce a material change that affects the certificant's ability to comply with the financial responsibility requirement. Written notification must be submitted within ten (10) business days of knowledge of the incident or knowledge of sufficient facts which would lead a reasonably prudent person to investigate and learn of the incidents. For purposes of this subsection, “material change” means an event or action which could cause the certificant to be liable for damages in an amount exceeding five percent (5%) of the total financial resources reflected by the certificate or, if owners' equity exceeds the total amount of financial resources reflected by the certificate, five percent (5%) of the owners' equity.
(b) Upon notification of the oil spill or discharge or other action or potential liability, as required by Subsection 797(a) , the Administrator shall reevaluate the validity of the Certificate of Financial Responsibility.
(c) Upon a determination by the Administrator that the certificant lacks sufficient financial resources to assume financial responsibility for both the current spill or liability and have adequate resources remaining available to meet the requirements of this subchapter, the Administrator shall suspend the certificate following ten (10) business days written notice.
(d) Suspension of the certificate shall continue until the responsible party demonstrates, to the satisfaction of the Administrator, that the responsible party has the financial resources needed to meet the requirements of this subchapter.
(e) Request for Reconsideration.
(1) Certificants may submit a written request to the Administrator requesting reconsideration of any decision to suspend a certificate. Requests must be submitted within ten (10) business days from the date the applicant receives notice of suspension. The Administrator may waive the ten (10) day period for submitting a request. 
(2) The request must contain the basis for requesting reconsideration, and, if applicable, provide evidence which rebuts the basis for the Administrator's suspension of the certificate. Upon a showing of good cause, the Administrator may reinstate the certificate pending a final decision by the Administrator. 
(3) Within ten (10) business days from the date the request for reconsideration is received, the OSPR will advise the certificant of the Administrator's decision whether the request will be considered. 
(4) Within fifteen (15) calendar days following the notice that the Administrator will consider the request, the certificant will either be sent a notice that the Administrator shall adhere to his or her earlier decision (i.e., deny the request for reconsideration), or the notice of suspension shall be rescinded.
NOTE

Authority cited: Sections 8670.37.54(b), 8670.37.56 and 8670.37.58, Government Code. Reference: Sections 8670.37.54-8670.37.56, Government Code.
HISTORY

1. New section filed 8-15-91 as an emergency; operative 8-15-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 12-1-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 12-13-91 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 4-13-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-91 order including amendment of subsection (a) transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Amendment of subsections (a) and (c), new subsection (e), and new forms filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Change without regulatory effect removing FG OSPR Forms 1924 (10/96), 1925 (10/96), 1926 (2/95), 1927 (2/95), 1928 (2/95), 1929 (2/95), 1930 (2/95), 1946 (8/96) and 1947 (8/96) from print filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43).
6. Amendment filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
7. Amendment of subsection (a) and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
8. Amendment of subsection (a) filed 2-4-2000 as an emergency; operative 2-4-2000 (Register 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-5-2000 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 2-4-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 31).
10. Amendment of subsection (a) filed 9-17-2001; operative 9-17-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 38).
11. Change without regulatory effect amending Note filed 6-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 26).
12. Amendment of Note filed 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
Chapter 3. Oil Spill Prevention and Response Planning
Subchapter 1. Harbor Safety Committees and Harbor Safety Plans
§800. Definitions.
Note     •     History

In addition to the definitions in Chapter 1, Section 790 of this Subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1:
(a) “Vessels” means any watercraft or ship of any kind, including every structure adapted to be navigated from place to place for the transportation of merchandise or persons.
NOTE

Authority cited: Section 8670.23, Government Code. Reference: Sections 8670.3, 8670.21 and 8670.23, Government Code.
HISTORY

1. New chapter 2, subchapter 1 and section filed 1-12-93; operative 1-12-93 (Register 93, No. 8).
2. Change without regulatory effect  renumbering former chapter 2 to chapter 3, amending subchapter 1 heading, adding new first paragraph, repealing subsections (a)-(m) and subsection relettering filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Amendment of subsection (a) and Note filed 1-10-2005; operative 2-9-2005 (Register 2005, No. 2).
§800.5. Harbor Safety Committees.
Note     •     History

(a) The Administrator shall create harbor safety committees for the harbors and adjacent regions of San Diego Bay; Los Angeles/Long Beach Harbor; Port Hueneme; San Francisco, San Pablo, and Suisun Bays; and Humboldt Bay. In consultation with each harbor safety committee, the Administrator shall determine its geographic region of responsibility which shall be clearly reflected in the committee's plan as described in Section 802(b)(2) of this Subchapter.
(b) In the event that a designee of a port authority is not able to participate as a harbor safety committee member due to military affiliations, the civilian counterpart for that harbor may serve in place of the port authority designee.
(c) All meetings of harbor safety committees, their subcommittees, workgroups or organizations, as defined in Government Code Section 54952, are subject to the open meeting requirements contained in Government Code Sections 54950 through 54962.
NOTE

Authority cited: Sections 8670.23 and 8670.23.1, Government Code. Reference: Section 8670.23, Government Code.
HISTORY

1. New section filed 1-12-93; operative 1-12-93 (Register 93, No. 8).
2. Change without regulatory effect adding new subsection (d) and amending Note filed 3-21-95; operative 4-20-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 12).
3. Amendment of subsection (a), repealer of subsection (b), subsection relettering, amendment of newly designated subsection (c) and amendment of Note filed 1-10-2005; operative 2-9-2005 (Register 2005, No. 2).
§800.6. Harbor Safety Committee Membership.
Note     •     History

(a) The Administrator shall appoint to each harbor safety committee, for a term of three years, all of the following members and their alternates:
(1) A designee of each of the port authorities within the region, except that the harbor safety committee for the San Francisco, San Pablo and Suisun Bay region shall have four designees.
(2) A representative of dry cargo vessel operators, except that the harbor safety committee for the San Francisco, San Pablo and Suisun Bay region may have two representatives.
(3) A representative of tank ship operators, except that the harbor safety committee for the San Francisco, San Pablo and Suisun Bay region shall have one additional representative of either tank ship operators or marine oil terminal operators.
(4) For the harbor safety committees for the Los Angeles/Long Beach Harbor region, Port Hueneme region, and Humboldt Bay region a representative of marine oil terminal operators.
(5) A representative of tug or tank barge operators, who is not also engaged in the business of operating either tank ships or dry cargo vessels, except that the harbor safety committees for the San Francisco, San Pablo and Suisun Bay region and Humboldt Bay region shall have one representative of tug operators and one representative of tank barge operators, neither of whom is also engaged in the business of operating either tank ships or dry cargo vessels.
(6) For the harbor safety committees for the San Francisco, San Pablo and Suisun Bay region, Los Angeles/Long Beach Harbor region and San Diego Bay region, a representative of scheduled passenger ferry or excursion vessel operators.
(7) A representative of the pilot organizations within the region, except that the harbor safety committee for the Los Angeles/Long Beach Harbor region shall have two pilot representatives: one a designee of the Port of Los Angeles pilot organization and one a designee of the Port of Long Beach pilot organization. Additionally, the harbor safety committee for the Los Angeles/Long Beach Harbor region have one representative of mooring masters who represents all mooring masters operating within the committee's geographic area of responsibility.
(8) A representative of a recognized labor organization involved with operations of vessels.
(9) A representative engaged in the business of commercial fishing.
(10) A representative of pleasure boat operators or a recreational boat organization.
(11) A representative of a recognized nonprofit environmental organization that has as a purpose the protection of marine resources, except that the harbor safety committee for the Los Angeles/Long Beach Harbor region may have two representatives.
(12) The United States Coast Guard Captain of the Port and a designee of each of the following federal agencies to the degree that each consents to participate on the committee: the United States Army Corps of Engineers, the National Oceanographic and Atmospheric Administration, and the United States Navy.
(13) A designee of the California Coastal Commission, except for the harbor safety committee for the San Francisco, San Pablo and Suisun Bay region, where the Administrator shall appoint a designee of the San Francisco Bay Conservation and Development Commission.
(b) A harbor safety committee may petition the Administrator with a request for new or additional membership positions for special needs to conduct ongoing harbor safety committee business and which reflect the makeup of the local maritime community. The qualifications for such positions shall be set either in committee bylaws or on the petition. The approval of such petitions shall be at the sole discretion of the Administrator.
(c) A harbor safety committee may petition the Administrator for the elimination of new or additional membership positions requested and approved pursuant to Subsection (b). The approval of such petitions shall be at the sole discretion of the Administrator.
(d) The members appointed from the categories listed in Subsections (a)(2), (3), (4), (5), (6), and (7) above shall have navigational expertise. An individual is considered to have navigational expertise if the individual meets any of the following conditions:
(1) Has held or is presently holding a United States Coast Guard Merchant Marine Deck Officer's license.
(2) Has held or is presently holding a position on a commercial vessel that includes navigational responsibilities.
(3) Has held or is presently holding a shoreside position with direct operational control of vessels.
(4) Has held or is currently holding a position having responsibilities for permitting or approving the docking of vessels in and around harbor facilities.
(e) The Administrator shall appoint a chairperson and vice chairperson, for a term not to exceed the balance of their current membership appointment, for each harbor safety committee from the membership specified in Subsection (a) above. The Administrator may withdraw such appointments at his or her sole discretion.
(f) Upon request of the committee chairperson, pursuant to the committee's bylaws, the Administrator may remove a member or alternate appointed under authority of Subsection (a) above.
NOTE

Authority cited: Sections 8670.23 and 8670.23.1, Government Code. Reference: Section 8670.23, Government Code.
HISTORY

1. New section filed 1-10-2005; operative 2-9-2005 (Register 2005, No. 2).
§801. General Provisions.
Note     •     History

(a) Each harbor safety committee shall be responsible for planning for the safe navigation and operation of vessels within its geographic region of responsibility. As part of meeting this responsibility, each committee shall prepare and submit to the Administrator its harbor safety plan which encompasses all vessel traffic within its region and addresses the region's unique safety needs.
(b) All harbor safety plans shall be consistent with both the California Oil Spill Contingency Plan and the National Contingency Plan.
(c) All harbor safety plans shall be in writing and shall include a reference to any federal, state or local laws or regulations if those laws or regulations were relied upon to develop the plan.
(d) Harbor safety plans which meet the requirements of this subchapter shall be implemented by the Administrator in consultation with the respective committee.
(e) On or before July 1 of each year, each harbor safety committee shall assess maritime safety or security within its region, including tank vessel safety, and shall report its findings and recommendations for improvements to the Administrator by amending its current harbor safety plan or instituting other alternatives to address its findings. All plans shall be reviewed by the Administrator to ensure their compliance with this subchapter.
(f) The Administrator may direct a harbor safety committee to address any issue affecting maritime safety or security, as appropriate, and to report findings and recommendations on those issues.
NOTE

Authority cited: Sections 8670.23 and 8670.23.1, Government Code. Reference: Section 8670.23, Government Code.
HISTORY

1. New section filed 1-12-93; operative 1-12-93 (Register 93, No. 8).
2. Amendment of section and Note filed 1-10-2005; operative 2-9-2005 (Register 2005, No. 2).
§802. Harbor Safety Plan Content.
Note     •     History

(a) All harbor safety plans shall be written in consideration of the best achievable protection standard as that term is defined in Chapter 1 of this subdivision.
(b) Each harbor safety plan shall include, at a minimum, a discussion of the following:
(1) Tug Escorts
(A) One section of the plan shall be dedicated to the usage of tug escorts in the committee's geographic region of responsibility.
(B) This section shall allow for a case-by-cast determination of tug escort usage or need based on specified criteria which include, but are not limited to, all of the following factors:
1. the physical limitations of the tugs;
2. an analysis of commonly encountered weather and sea conditions including, but not limited to, wind, tidal and ocean currents;
3. the type of cargo carried by the tank vessel;
4. a determination of whether or not tug escorts are needed for unladen tank vessels; and
5. the effectiveness of tug escorts in steering and/or stopping assistance for heavily laden tank vessels given the geographic and navigational limitations of that region.
(C) This section shall also include, but not be limited to, all of the following:
1. an outline discussing tug boat capabilities when assisting a tank vessel;
2. a recommendation determining when tank vessels must be escorted by tug(s) while entering, leaving, or navigating in the region;
3. a determination of sufficient size, horsepower, and pull capacity of the tug(s) to assure maximum assistance capability;
4. a comprehensive inventory of the number and types of tugs available for tank vessel escort in each geographic region; and
5. an analysis, including factual data and studies relating to the analysis, which specifies the incident and location of accidents and the effects of the absence or presence of tug escorts at the time of those accidents.
(D) Each plan shall address its method for performing a continued study of tug escorts, which will rely in part on relevant information solicited by the harbor safety committee from pilots, masters, representatives from towing industries and builders, and other interested parties.
(2) Geographic Region of Responsibility
This section shall provide a written description of each committee's geographic region of responsibility and shall include a large scale chart, or chartlet, illustrating the entire region. The geographic region of responsibility described and illustrated shall be the one approved by the Administrator as outlined in Section 800.5(a) of this Subchapter.
(3) Regional Harbor Conditions
This section shall provide:
(A) A description of existing and expected conditions of weather, tidal ranges, tidal currents (directions and velocities) and other factors which might impair or restrict visibility or impact vessel navigation;
(B) a description of the procedures for routing vessel traffic, and any contingency or secondary routing plans which may be used during construction and dredging operations;
(C) a description of limitations of current anchorages (designations, proximity to heavily used fairways or channels) and any plans, if developed, to address those limitations; and
(D) a description of the current channel design (navigable channel width and advertised dredged depth) and any proposed changes to these plans.
(4) Vessel Traffic Patterns
This section shall provide, to the greatest extent possible:
(A) A description of the types of vessels which call on the ports or facilities within the region; and
1. identification of the types of cargo transported on the vessels; and
2. a determination of the amount of oil annually (using a three year average) shipped into or from the ports or facilities within the region.
(B) a history and types of all accidents and near-accidents which have occurred within the region during the past three years and any corrective actions or programs taken to alleviate recurrences. For purposes of this subsection, “near-accident” shall mean all situations where a risk of collision as defined by 33 USC 2007 existed;
(C) an assessment of current safety problems or conflicts with small vessels, sailing vessels, or vessels engaged in fishing as it relates to violation of Rule 9 (Narrow Channels Rule) of the Inland Navigational Rules Act (33 USC 2009);
(D) current procedures for routing vessels during emergencies or other contingencies which impact navigation;
(E) a review of existing and proposed federal, state or local laws, regulations or ordinances affecting the region to determine a need for any change;
(F) an assessment of the need for establishing or upgrading existing educational or public awareness programs for all waterway users.
(5) Aids to Navigation
This section shall:
(A) describe any fixed navigational hazards specific to the region and aids to navigation systems in place to minimize risk of contact with these hazards;
(B) evaluate the existing aids to navigation systems available to each region as established and maintained by the United States Coast Guard or other navigational aids as permitted by the United States Army Corps of Engineers, and determine the need for any changes; and
(C) evaluate current programs to determine accurate depth information in navigable channels, anchorages and berths used by tank vessels, and make recommendations necessary to increase the accuracy of such information.
(6) Communication
This section shall:
(A) review and evaluate the adequacy of current ship-to-ship and ship-to-shore communication systems used in the region;
(B) identify any low propagation, or silent areas within the region;
(C) if communication deficiencies exist, develop a strategy to address such deficiencies.
(7) Bridge Management Requirements
(A) This section shall assess the current schedule for bridge openings, the adequacy of ship-to-bridge communications, and the physical limitations affecting vertical and horizontal clearance.
(8) Enforcement
(A) This section shall include suggested mechanisms that will ensure that the provisions of the plan are fully, uniformly and regularly enforced.
(9) Project Funding
This section shall:
(A) provide recommendations for funding projects that the committee intends to recommend or initiate; and
(B) consider the imposition of user fees, and assess existing billing mechanisms as potential funding sources.
(10) Competitive Aspects
This section shall:
(A) identify and discuss the potential economic impacts of implementing the provisions of the harbor safety plan; and
(B) describe the significant differences in the restrictions that could vary from port to port within the region.
(11) Miscellaneous
(A) This section shall address any additional issues deemed necessary by the harbor safety committee that could impact safe navigation in the region including, but not limited to:
1. vessel pilotage;
2. vessel ballast procedures or requirements;
3. vessel mooring requirements;
4. navigation in reduced or restricted visibility; and
5. maintenance dredging necessary for safe vessel operation.
NOTE

Authority cited: Sections 8670.23 and 8670.23.1, Government Code. Reference: Section 8670.23, Government Code.
HISTORY

1. New section filed 1-12-93; operative 1-12-93 (Register 93, No. 8).
2. Change without regulatory effect  amending subsection (a) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Amendment of section heading, section and Note filed 1-10-2005; operative 2-9-2005 (Register 2005, No. 2).
Subchapter 3. Oil Spill Contingency Plans
§815.01. General Outline.
History

815.03 Purpose and Scope
815.05 Definitions
815.07 General Requirements
816 Plan Submittal, Review and Approval
817.02 Marine Facility Contingency Plans
817.03 Small Marine Fueling Facility Contingency Plans
818.02 Vessel Contingency Plans
818.03 Vessels Carrying Oil As Secondary Cargo Contingency
819 Oil Spill Response Organizations Rating
820.01 Drills and Exercises--Evaluation and Credit
HISTORY

1. New section filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
2. Amendment filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
§815.03. Purpose and Scope.
Note     •     History

This subchapter sets forth planning requirements for oil spill prevention and response for tank vessels and marine facilities in California. The planning requirements specify that the owner/operator of a tank vessel or marine facility must own or have contracted for on-water recovery and storage resources sufficient to respond to all spills up to the calculated Response Planning Volume or the defined Daily Recovery Rate, whichever is less. A tank vessel owner/operator shall also demonstrate through contracts(s) or other approved means, the shoreline protection response resources necessary to protect each type of shoreline and all applicable sensitive sites as outlined in the applicable Shoreline Protection Tables (SP Tables, see Section 790, incorporated by reference herein and posted on OSPR's website). Equipment in addition to that under contract must be identified, and a call-out procedure in place to access additional response resources if needed. For the purpose of meeting the regulatory requirements herein, contracts for booming, on-water recovery and storage, and shoreline protection services can only be made with OSROs Rated by the Office of Spill Prevention and Response. For other required services (e.g., shoreline clean-up, waste management, spill response management) contracts with non-rated OSROs may be used. 
The equipment that the owner/operators have available must be applicable to the areas of intended use. This subchapter requires that trajectory analyses be conducted for marine facilities to determine the probable areas of the coastline that could be impacted by a spill. The applicable SP Tables shall be used for tank vessels. Based on these trajectories and tables the owner/operators will be able to ascertain the type of equipment that must be available, such as shallow-water skimmers, as well as the appropriate response strategies necessary to protect and clean up the shoreline types that could be affected. Tank vessel owner/operators shall demonstrate adequate emergency services as described, by sufficient in-house capability or a signed, valid contract with a vessel emergency services provider.
The information required by this subchapter must be submitted to the Office of Spill Prevention and Response (OSPR), and maintained by the owner/operator, in separate volumes. A principal volume will be compiled to contain all the required information, calculations, studies, maps and related data. A separate volume will be set up as a response manual and will contain only the information that response personnel will need at the time of a spill to facilitate the immediate notification and response actions that are mandated.
To the greatest extent possible, California has endeavored to be consistent with the scope and intent of the Federal oil spill response regulations and the Area Contingency Plans (ACP) completed by the U.S. Coast Guard, state agencies, and local governments, with public participation, as required by the Oil Pollution Act of 1990 (33 USC 2701, et seq.). Allowance has been made to accept response plans prepared for the U.S. Coast Guard, or other appropriate agencies, in lieu of some of the information required by this subchapter. Any additional information required by this subchapter can be submitted simply as an addendum to the plans prepared for other agencies. Information developed to demonstrate compliance with other applicable Federal, State, and International (e.g., International Maritime Organization) requirements may be used to demonstrate compliance with all or part of this subchapter.
NOTE

Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.3, 8670.4, 8670.28 and 8670.29, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Editorial correction repealing duplicative chapter heading and amending History 1 (Register 94, No. 42).
3. Change without regulatory effect amending subchapter 3 heading filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
4. Amendment filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
5. Amendment of first and last paragraphs and amendment of Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
6. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
§815.05. Definitions.
Note     •     History

In addition to the definitions in Chapter 1, Section 790 of this subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1:
(a) “Area Exercise” means an exercise of the Area Contingency Plan and selected oil spill contingency plans through the combination of tabletop and equipment deployment exercises in accordance with the National Preparedness for Response Exercise Program.
(b) “Contract or Other Approved Means”:
(1) includes either of the following:
(A) A written, signed contract, or written certification of active membership, between a plan holder and an Oil Spill Response Organization(s) (OSRO) rated by OSPR (as specified in Section 819 of this subchapter) This contract shall identify and ensure the availability of the required personnel and equipment capable of responding to an oil spill within the stipulated response times and in the specified Geographic Regions in which the tank vessel or marine facility operates; or
(B) Written certification that the necessary personnel and equipment are owned or operated by the plan holder and are available within the stipulated response times and in the specified Geographic Regions; 
(2) The owner/operator shall notify the Administrator within five days of a change in contracted resources/membership with a local or regional OSRO.
(3) A contract between a plan holder and an OSRO shall not contain a provision requiring the plan holder to notify the OSRO in advance, in order to guarantee response services for two hours and beyond (as specified in Section 819.04(b)(2) of this subchapter) for containment booming and on-water recovery services. It may contain provisions to notify the OSRO 24 hours in advance before entering California marine waters, to meet the 0-12 hour shoreline protection requirement. This advance notice requirement is only for vessels that operate in those areas not identified as High Volume ports. For immediate (less than 2 hours) spill response coverage during oil transfer operations, advance notice to the OSRO is also allowed. A plan holder shall comply with all other applicable contractual provisions or the contingency plan will immediately be nullified, and the plan holder will be operating in marine waters without an approved contingency plan, which is in violation of Section 816.06(c) of this subchapter.
(c) “Dedicated Response Resources” means equipment and personnel committed solely to oil spill response, containment, and cleanup that are not used for any other activity that would adversely affect the ability of that equipment and personnel to provide oil spill response services in the time frames for which the equipment and personnel are Rated. Ratings of six hours or earlier require either dedicated response resources or OSRO owned and controlled response resources, as specified in Section 819.04(b)(2) of this subchapter. 
(d) “Equipment Deployment Exercise” means an exercise of oil spill response equipment identified in an oil spill contingency plan or an OSRO application through its actual deployment and operation as it would be used in spill response efforts in an environment of similar water depth, current velocity, tidal range, and substrate, where the equipment may need to be used in an actual oil spill response.
(e) “Full Scale Combination Exercise” means an exercise of an oil spill contingency plan involving both the spill management response efforts and the actual deployment and operation of oil spill response equipment as it would be used in spill response efforts at a specific site.
(f) “Implementation of the Plan” means that all essential provisions have been taken to enable the plan or any portion of the plan to become operational.
(g) “Innocent Passage” means navigation through the territorial sea for the purpose of traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
(h) “Letter of Approval” means a letter or other written document issued by the Office of Spill Prevention and Response to the owner/operator of a vessel or marine facility plan holder following verification, inspection and if required by the Administrator, satisfactory performance in an announced and unannounced drill, and final review of the facility or vessel plan holder's contingency plan.
(i) “Marine Waters” means those California marine waters subject to tidal influence and includes all waterways used for waterborne commercial vessel traffic to the Port of Stockton and the Port of Sacramento.
(j) “Non-Dedicated Response Resources” means those response resources listed by an OSRO for oil spill response activities that are not dedicated response resources. 
(k) “OSRO-owned and controlled resources” means equipment owned by the OSRO and personnel who are employed directly by the OSRO. 
(l) “OSRO Rating Letter” (ORL) means a written document issued by the Office of Spill Prevention and Response to an OSRO following verification, inspection and unless exempted by the Administrator, satisfactory performance in an announced and unannounced drill, and final review of the OSRO's application. 
(m) “Plan Holder” means the owner/operator of a tank vessel, nontank vessel, marine facility, small marine fueling facility, or vessel carrying oil as secondary cargo responsible for the development, submittal, update, maintenance of, and compliance with the oil spill contingency plan required under this subchapter.
(n) “Plan Recipient” means a receiving agency and any other entity that has been designated in this subchapter to receive a copy of the vessel or marine facility oil spill contingency plan.
(o) “Shallow-Draft Vessel” means:
(1) for purposes of boom deployment, a vessel that must be able to operate in water depths of two feet or less;
(2) for purposes of skimming operations, a vessel and attendant skimming system that must be able to operate in water depths of three feet or less.
(p) “Spill Management Team” means the personnel identified in an oil spill contingency plan to staff the organizational structure that will manage response implementation and is able to fully integrate into an Incident Command/Unified Command structure, as required by the National Contingency Plan and the California Oil Spill Contingency Plan.
(q) “Systems Approach” means an assessment of the infrastructure and the support resources that an OSRO must have to mobilize, transport, deploy, sustain, and support the equipment resources necessary for the level of response for which Rated. 
(r) “Tabletop Exercise” means an exercise of an oil spill contingency plan and the spill management response efforts without the deployment of response equipment. A tabletop exercise usually involves the enactment of a response to a simulated spill.
(s) “Unannounced Drill” means an exercise of an oil spill contingency plan or an OSRO application initiated by OSPR without prior notice to the plan holder or oil spill response organization. 
NOTE

Authority cited: Sections 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.3, 8670.28, 8670.29 and 8670.30, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Change without regulatory effect amending section filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Amendment of section and Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
4. Change without regulatory effect amending subsections (c) and (m) and amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
5. Amendment of section and Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
6. Amendment of subsections (b)(1)(A) and  (b)(2)-(3), repealer and new subsection (g) and amendment of subsections (h), (i) and (n) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
7. Amendment of subsection (b)(3) filed 10-12-2007 as an emergency; operative 10-12-2007 (Register 2007, No. 41). A Certificate of Compliance must be transmitted to OAL by 4-9-2008 or emergency language will be repealed by operation of law on the following day.
8. Reinstatement of section as it existed prior to 10-12-2007 emergency amendment by operation of Government Code section 11346.1(f) (Register 2008, No. 18).
9. Amendment of subsection (b)(3) filed 4-28-2008 as an emergency; operative 4-28-2008 (Register 2008, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-28-2008 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 4-28-2008 order transmitted to OAL 7-25-2008 and filed 8-6-2008 (Register 2008, No. 32).
11. Amendment of subsection (p) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§815.07. General Requirements.
Note     •     History

(a) Plan holders shall only contract with an OSRO(s) that has received a Rating by OSPR (as specified in Section 819 of this subchapter) for the booming, on-water recovery and storage, and shoreline protection services required. An OSRO's existing Letter of Approval issued from the Administrator shall remain valid unless revoked and shall be deemed to meet the requirements of this subchapter for three years from the date of the letter's issuance. 
(b) No person shall load oil onto, nor unload oil from a tank vessel unless the following conditions are met prior to transfer operations:
(1) after initial submittal but prior to approval of the contingency plan, the tank vessel owner/operator must provide the owner/operator of the marine terminal with a copy of the letter acknowledging the receipt of the tank vessel's oil spill contingency plan by the Administrator, if the terminal owner/operator does not already have such a letter on file;
(2) after approval of the initial submittal of the contingency plan, the owner/operator of the tank vessel must provide the owner/operator of the marine terminal with a copy of the letter approving the current oil spill contingency plan for that tank vessel if the terminal owner/operator does not already have such a letter on file;
(3) the tank vessel owner/operator must notify the terminal owner/operator of any change in the approval status not reflected by the letter on file at that terminal; and
(4) the owner/operator of the tank vessel must certify that a complete copy of the response manual for that tank vessel is on board the tank vessel.
(c) Each plan shall provide for the best achievable protection of coastal and marine resources and shall ensure that all areas addressed by the plan are at all times protected by prevention, response, containment and cleanup equipment and operations.
(d) Each plan shall be consistent with the State Marine Oil Spill Contingency Plan and not in conflict with the National Oil & Hazardous Substances Pollution Contingency Plan, or the applicable Federal Area Contingency Plans.
(e) Nothing in this subchapter shall, in any manner or respect, impair or limit the authority of the California Coastal Commission to review federal activities, federal development projects, or federally-permitted or licensed activities, as authorized pursuant to the Coastal Zone Management Act of 1972 (16 U.S.C., Section 1451 et seq.). Nor shall this subchapter impair or limit the authority of the California Coastal Commission to ensure such activities or projects are performed in a manner that is consistent, to the extent required by applicable law, with the enforceable policies of the California Coastal Management Program.
(f) All plans must be written in English, and for tank vessel plans, if applicable, the response manual portion shall also be in a language that is understood by the crew members responsible for carrying out the plan.
NOTE

Authority cited: Sections 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.28, 8670.29 and 8670.30, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment of subsections (a)(1)-(4), (d) and (f) and repealer of subsection (g) filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Change without regulatory effect amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
4. New subsection (a), subsection relettering and amendment of Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
5. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
§816. Plan Submittal, Review and Approval.
History

HISTORY

1. New heading filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
§816.01. Plan Submittal.
Note     •     History

(a) Plans
Unless otherwise exempt, each owner/operator of a tank vessel or marine facility shall prepare and submit an oil spill contingency plan for that tank vessel or facility. The plan may be specific to an individual facility or tank vessel or may be composed as follows:
(1) Marine Facility Blanket Plans
(A) Blanket contingency plans may be submitted for marine facilities that are substantially similar to one another based on the criteria in this subsection. The owner/operator must request approval for the use of a blanket plan prior to submitting the plan to the Administrator. The request must include a justification for the use of a blanket plan based on the criteria outlined in this subsection.
(B) The Administrator shall determine whether a blanket plan is appropriate for any given group of marine facilities. In order to utilize a blanket plan, each marine facility covered by the blanket must demonstrate the following:
1. each facility must be substantially similar in layout and design, or must be an integral part of another facility, such as the pipeline connecting a platform to a shoreside facility;
2. each facility must handle the same products;
3. the Risk and Hazard Analysis for each facility must show substantially similar risks of a spill, and similar sites of potential leakage or spills;
4. the response equipment and personnel must be able to respond to any and all of the covered marine facilities in the same or essentially the same amount of time;
5. any spill from any of the marine facilities must pose similar risks in the same or essentially the same Geographical Region, including risks to the same environmentally, economically or culturally sensitive sites; and
6. The prevention measures as specified in Subsections 817.02.(c) or 817.03(c) must be substantially the same for each facility.
(C) A separate appendix for each marine facility covered by the Blanket Plan must be included as an attachment to the plan.
(2) Tank Vessel Fleet Plans
Fleet contingency plans may be submitted by an owner/operator that has a number of tank vessels that transit the same or substantially the same routes in California marine waters.
(A) All prevention and response elements required pursuant to Sections 818.02(c) or 818.03(c) must be the same for the tank vessels included in the Fleet Plan.
(B) A separate appendix for each tank vessel covered by the Fleet Plan must be included as an attachment to the plan. However, only the Response Planning Volume (see Sections 818.02(e) and 818.03(e)) for the largest vessel in the Fleet Plan needs to be listed.
(3) Substitute Plans
(A) Plans of other Federal and State Agencies
Any plan, or appropriate section thereof, submitted to the Federal Environmental Protection Agency, the Minerals Management Service, the U.S. Coast Guard, the Department of Transportation - Research and Special Programs Administration, the California State Lands Commission, the California Coastal Commission, other states, or other appropriate agencies may be submitted in substitution for all or part of the plan required under this subchapter. This substitution may include documents submitted in compliance with the International Safety Management (ISM) Code. Any information required by this subchapter that is not included in the substitute plan must be submitted as an appendix to that plan. The Administrator will determine if the use of a substitute plan is appropriate prior to final plan approval.
(B) OSRO Rating Letter:
An OSRO Rating Letter will be issued for the equipment, personnel, and services which may be provided to the owner/operator of a marine facility or tank vessel or nontank vessel. A copy of the Rating letter may be referenced or submitted in substitution for all or part of the response elements required under Sections 817.02, 817.03, 818.02 or 818.03.
1. An OSRO Rating does not guarantee the performance of an OSRO, nor does the use of an OSPR-Rated OSRO in a contingency plan relieve the plan holders of their ultimate statutory and regulatory responsibility to ensure the adequacy of the spill response resources identified in their contingency plan. 
(b) Timeframes:
(1)  A marine facility shall submit a plan that is received by OSPR at least 180 days prior to the beginning of operations. Changes in ownership of a marine facility will require a new plan to be submitted at least 60 days prior to the change in ownership.
(2)  A tank vessel shall submit a plan, or an amendment or an update to a plan, that is received by OSPR at least five working days prior to entering California marine waters.
(c) Receiving Agencies:
(1) One copy of the plan (either hard copy or electronic media -- see Section 816.02) for each marine facility and each tank vessel shall be delivered to the Office of Spill Prevention and Response (OSPR). Delivery of the plan may be in person or by registered mail with return receipt requested, or the equivalent. Additional hard copies shall be provided to an OSPR regional office upon request.
(2) Two copies of the plan (hard copy or electronic media) for each marine facility shall be delivered by the plan holder to the California State Lands Commission.
(3) Within two working days of a request from the Administrator, additional copies (hard copy or electronic media) shall be mailed by the plan holder to other member agencies of the State Interagency Oil Spill Committee and the State Oil Spill Technical Advisory Committee.
(4) Any additional copies shall be submitted within 2 working days of a request by the Administrator.
(d) Confidentiality
(1) A plan holder may request that proprietary information be kept confidential. Such a request must include justification for designating the information as confidential. The Administrator will make a determination regarding that information which may be considered confidential and removed from any copy of the plan that is made available for public review.
(A) A plan holder may also request that any reports or studies prepared or submitted under any contingency plan requirements be designated as proprietary information. Such a request must include justification for  designating the report or study, such as drill reports or any background information developed for the risk and hazard analysis, as confidential.
(2) Any information designated as confidential must be clearly identified as proprietary.
(3) If a plan holder designates information as confidential, two different copies of the plan must be submitted as follows:
(A) one copy must contain the confidential information. This plan will be utilized by the Administrator in the review and approval process;
(B) one copy must be submitted with the confidential information removed. This copy will be available for public review. This plan must contain sufficient information in place of the confidential information so that any individual reviewing the plan will understand all the notification, prevention and response elements of the plan.
(C) Any plan submitted to any state agency, as required by this section, must include all confidential information.
NOTE

Authority cited: Sections 8670.28, 8670.29, 8670.30 and 8670.31, Government Code. Reference: Sections 8670.28, 8670.29, 8670.30, 8670.31 and 8670.36, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment of section and Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Change without regulatory effect amending subsection (a)(3)(A) and amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
4. Amendment of subsection (a)(3)(C), new subsection (a)(3)(C)1. and amendment of Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
5. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
6. Amendment of subsections (a)(2)(B), (b)(2) and (c)(1) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§816.02. Plan Format.
Note     •     History

On or before December 31, 2011, OSPR will accept either an original hard copy of the contingency plan or a CD-ROM formatted contingency plan with a signed copy of the “Feasibility and Executability Statement” required by this subchapter. 
After December 31, 2011, OSPR will no longer accept original hard copies of the contingency plan. All submittals will either be made online as approved by OSPR, or in an electronic format approved by the Administrator. If changes are made to a plan, updates can either be submitted on-line, or a complete and up-to-date plan must be submitted in an electronic format approved by the Administrator.
Other documents required to be submitted with the contingency plan, such as signed contracts with Oil Spill Response Organizations or general arrangement and tank diagrams, shall be scanned and submitted in an electronic format approved by the Administrator. Although not required, it is requested that the Table of Contents be linked to the different sections of the plan. Also, if a Federal Vessel Response Plan (VRP) or other non-California plan format is used, it is requested that the plan be electronically linked to the plan sections that comply with California's requirements. Each plan shall be organized into separate volumes: a response manual and a principal volume or volumes with related appendices. The format for each is outlined below:
(a) Response Manual
A simplified response manual suitable for on-scene use in the event of a spill which summarizes key notification information and the initial response actions specified in the plan shall be prepared and submitted with each plan.
(1) The response manual is a subset of the information provided in the principal volume of the plan.
(2) The information contained in the response manual shall be sufficient to direct on-scene response personnel through the first 24 hours of a response.
(b) Principal Volume of the Plan
(1) The principal volume shall include all the required information including a summary of the conclusions of all studies, calculations and analyses.
(2) The principal volume of each plan shall be organized to facilitate access to information, and shall include:
(A) a detailed table of contents with chapters arranged, to the extent possible, in the same order in which the requirement for that information appears in Sections 817.02, 817.03, 818.02 or 818.03;
(B) a system of numbered chapters, sections and appendices;
(C) index tabs for locating plan chapters; 
(D) a log sheet placed in the front of the plan for recording all amendments and updates; and
(E) amendments and updates that are consecutively numbered and dated.
(3) If hard copies of the plan are submitted, they shall be submitted in an 8 1/2 by 11 inch 3-ring binder, in a loose-leaf format to allow replacement of chapter or appendix pages without requiring replacement of the entire plan. Amendments and updates shall be hole-punched and in a format that will fit the binder that was submitted with the plan.
(4) If a fleet or blanket plan is used, the principal volume of the plan will include all the information generic to all the marine facilities or tank vessels covered by the plan.
(5) All hard copy and electronic documents submitted will become the property of the Administrator. The documents will be retained by the Administrator for a minimum of three (3) years, unless the contingency plan is withdrawn by the submitter.
(c) Appendices
(1) Tank Vessel-Specific Appendix
If a fleet plan is used, each plan must include an appendix for each tank vessel covered by the plan. The vessel-specific appendix must provide the descriptive information regarding layout and design unique to that tank vessel.
(2) Marine Facility-Specific Appendix
If a blanket plan is used each plan must include an appendix for each marine facility covered by the plan. The facility-specific appendix must address all the required information unique to that facility.
(3) Geographic-Specific Appendix to Tank Vessel Plans
Each tank vessel plan must include an appendix to address the geographic-specific elements along the tank vessel's normal routes of travel. This appendix must include:
(A) all required notification information for each Geographic Region in which the tank vessel operates;
(B) identification of the oil spill response organizations to be used in each of the six Geographic Regions, as defined in Chapter 1, Section 790 of this subdivision, along the tank vessel's normal routes of travel; and
(C) a copy of the written contract or other approved means (as defined in Section 815.05(b) of this subchapter) that will verify that the oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill.
(d) Substitute Plans
If a substitute plan is submitted, such as a plan prepared for the State Lands Commission, the Minerals Management Service, the California Coastal Commission, or the United States Coast Guard, the following must also be submitted:
(1) a listing of all the elements of the individual tank  vessel or marine facility's contingency plan that will be replaced by elements in the substitute plan, with an index specifying the location of the required elements, by regulation section, within the substitute plan;
(2) any required prevention or response element not included in the substitute plan must be submitted as an appendix to the substitute plan; and
(3) a copy of the response manual required by this section.
NOTE

Authority cited: Section 8670.28, Government Code. Reference:  Sections 8670.28, 8670.29 and 8670.31, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Editorial correction of subsection (d)(1) (Register 95, No. 41).
3. Amendment of section and Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
4. Change without regulatory effect amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
5. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
6. Amendment of first paragraph, new second and third paragraphs and amendment of Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§816.03. Plan Review and Approval.
Note     •     History

(a) Timeframes
(1) Each Plan shall be approved or denied within 180 days after receipt by the Administrator.
(2) Any state agency or committee that reviews the contingency plans shall submit any comments to the Administrator within 60 days of receipt of the plan by the agency or committee.
(3) The Administrator shall determine whether each plan complies with the regulations governing the contingency planning process. If it is determined that a plan is inadequate a written explanation of deficiencies, and, if practicable, suggested modifications or alternatives shall be sent to the plan holder.
(4) Upon notification of a plan's deficiencies, the plan holder will have 90 days to submit a new or modified plan. Such a re-submittal shall be treated as a new submittal and processed according to the provisions of this section.
(b) Determination of Adequacy
(1) A plan will be determined to be adequate if it provides for the best achievable protection of coastal and marine resources and meets the requirements of this subchapter. To be approved, the plan must also demonstrate that each owner/operator maintains a level of readiness that will allow for effective implementation of the plan.
(2) To be determined adequate, each plan shall provide for all of the following:
(A) Prevention Measures:
1. for marine facilities, all prevention measures to reduce or eliminate the hazards that could result in an oil spill as identified in the Risk and Hazard Analysis;
2. for tank vessels, all prevention measures to reduce the possibility of an oil spill occurring as a result of allisions, collisions, groundings, explosions or operator error;
(B) immediate notification and mobilization of response resources upon the discovery of a spill;
(C) procedures for deployment and delivery of response equipment and personnel within the timeframes specified in Sections 817.02, 817.03, 818.02 or 818.03;
(D) procedures to assure protection of the environment from oil spills;
(E) procedures for timely and adequate cleanup of all spills, up to and including the reasonable worst case spill;
(F) identification of response equipment, and the call-out procedures to acquire that equipment, to respond to any spill over and above the reasonable worst case spill, in a timely and efficient manner.
(G) all other prevention and response measures specified in Sections 817.02, 817.03, 818.02 or 818.03.
(3) In assessing the adequacy of a plan the Administrator shall consider:
(A) the volume and types of oil addressed by the plan;
(B) the history and circumstances of prior spills from the tank vessel, marine facility, small marine fueling facility, or vessel carrying oil as secondary cargo;
(C) existing operating hazards;
(D) the sensitivity and value of the natural, cultural and commercial resources of the geographic area encompassed by the plan;
(E) the spill prevention, notification and response measures addressed in the plan; and
(F) the site-specific characteristics of a marine facility that could affect response and cleanup operations, including: local topography, prevailing winds, current speed and direction, tidal fluctuations, and access to the potential spill sites; or
(G) the area-specific characteristics along a tank vessel's normal routes of travel that could affect response and cleanup operations, including: prevailing winds, current speed and direction, tidal fluctuations, and access to the potential spill response sites.
(4) Prior and subsequent to plan approval, the Administrator may make an on-site inspection and require a drill of all or part of any contingency plan submitted in order to determine the plan's adequacy.
(c) Public Review and Comment
Contingency plans will be made available for review by any interested member of the general public at a designated location.
(1) Any person interested in reviewing the plan shall contact the Administrator to request an appointment to review the plan at the office of OSPR. Copies of the plans will be provided at the cost of duplication.
(2) Any interested person may review a plan and submit written comments prior to the Administrator's approval of the initial plan or plan updates. Such comments will be taken into consideration in the Administrator's approval process. No comments will be accepted after final approval.
(d) Plan Approval
(1) A plan shall be approved if it addresses all the elements specified in Sections 817.02, 817.03, 818.02, or 818.03, as appropriate, and complies with the adequacy criteria enumerated in this section.
(2) Any revised plan submitted by an owner/operator in response to a notification of inadequacy shall be considered approved unless otherwise notified by the Administrator within the timeframes established in Section 816.03(a).
(3) Any comments submitted by other agencies or interested parties shall be considered when approving or disapproving the plan.
(4) The plan holder shall be notified when a plan has been approved. A Letter of Approval will be issued by the Administrator and will describe the conditions of approval, if any, and specify the expiration date of the Letter of Approval.
(5) A plan will be considered to be effective upon submittal unless and until the owner/operator is notified that the plan is inadequate. Exceptions to this requirement will be considered by the Administrator on a case-by-case basis.
(e) Interim Approval
(1) A plan may be approved with minor deficiencies as long as the following requisite elements are included in the plan:
(A) Information to clearly identify the tank vessel or marine facility, including but not limited to:
1. for tank vessels: vessel name, call sign, official number, classification and owner/operator name, address and phone number;
2. for marine facilities: name and address of facility, name, address and phone number of the owner/operator.
(B) A copy of the contract(s) or other approved means for the response resources that meet the requirements of this subchapter;
(C) Identification, including telephone number and facsimile number, of a Qualified Individual;
(D) Appropriate and adequate evidence of financial responsibility.
(2) An Interim Approval shall only remain valid for 30 calendar days.
(f) Denial or Revocation of Plan
(1) Approval shall be denied or revoked if a plan does not comply or maintain compliance with the criteria set forth in this Subchapter.
(2) If approval of a contingency plan is denied or revoked, the Administrator shall notify the plan holder in writing of the reasons for denial or revocation and provide an explanation of those actions necessary to secure approval.
(A) The plan holder shall have 90 calendar days from notification of a denied plan to submit a new or revised plan that incorporates the recommended changes, during which time the plan is considered effective pending final approval. For a tank vessel plan, the Administrator may, however, revoke the plan and deny entry to the vessel if the plan has significant deficiencies that result in the inability of the plan holder to maintain a level of readiness as required by this subchapter.
(B) No tank vessel shall operate in marine waters if it fails to gain approval of its contingency plan after the second submission until a subsequent submission is approved.
(C) If a marine facility fails to gain approval of its contingency plan after the second submission, the administrator may order it to discontinue operations until a subsequent submission is approved.
(D) If a plan holder fails to address plan deficiencies within 90 calendar days from notification of a denied plan, the Administrator may, without further notice, declare the plan null and void.
(g) Appeals
The plan holder may appeal a decision made by the Administrator regarding the contingency plan in accordance with the following provisions:
(1) the plan holder may submit a written request for reconsideration to the Administrator regarding any decision of interim approval, denial, revocation of approval, or a request for exemption. Requests must be submitted within 15 working days from the date the plan holder receives notice that approval of the plan has been denied. The request must contain the basis for the reconsideration and, if available, provide evidence which rebuts the basis for the Administrator's decision regarding the plan;
(2) within 15 working days following the receipt of the request for reconsideration, the plan holder will either be sent a notice that the Administrator shall adhere to the earlier decision or that the decision has been rescinded;
(3) the plan holder may, within 15 working days after receipt of notice that reconsideration has been denied, request a hearing in writing. No such hearing may be requested unless and until all remedies pursuant to this section have been exhausted. The Administrator shall conduct a reconsideration hearing upon request;
(4) the proceedings and hearings under this section shall be conducted in accordance with Chapter 4.5 (commencing with Section 11400) of Part I of Division 3 of Title 2 of the Government Code, including the right of judicial review as provided for in Section 11460.80 of the Government Code.
(h) Proof of Approval
(1) Marine Facilities
The marine facility plan holder shall keep the Letter of Approval, or a copy certified to be true and accurate, filed in the front of the approved contingency plan. The approval letter shall be presented upon request to any representative of the Administrator.
(2) Tank Vessels
The Letter of Approval shall be presented upon request to the operator of a marine facility prior to an oil transfer.
(i) Liability
Approval of a plan does not constitute an express assurance regarding the adequacy of the plan in the event of a spill nor does it constitute a defense to liability on the part of the operator or owner.
(j) Coastal Protection Review
(1) Within one year of the adoption of this section, and within 18 months of subsequent updates, the Administrator shall conduct a comprehensive review of all the oil spill contingency plans for tank vessels and marine facilities.
(2) The comprehensive review shall be conducted to assure that the plans, as a whole, provide the best achievable protection of coastal resources. Each plan will be reviewed in conjunction with all the plans submitted by tank vessels and marine facilities located in or using the same Geographical Region. The Geographic Regions to be used for the review of overall coastal protection are defined in Chapter 1, Section 790 of this subdivision.
(3) The Administrator shall evaluate the contingency plans for each Geographical Region to determine if deficiencies exist in equipment, personnel, training and other elements determined to be necessary to ensure the best achievable protection for that region.
(4) If deficiencies are found to exist in overall protection, the Administrator shall remand any contingency plans to the plan holder with recommendations for any amendments necessary to adequately protect coastal resources in that Geographical Region. Any plans returned for amendment shall be processed according to the procedures for initial submittal, review and approval of the contingency plan.
NOTE

Authority cited: Sections 8670.19, 8670.28 and 8670.31, Government Code. Reference: Sections 8670.19, 8670.28, 8670.29 and 8670.31, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Change without regulatory effect amending subsection (j)(2) and repealing subsections (j)(2)(A)-(G) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Amendment of section and Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
4. Change without regulatory effect amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
5. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
6. Amendment of subsections (f)(1)-(f)(2)(D) and Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§816.04. Plan Implementation and Use.
Note     •     History

(a) Availability
(1) Marine Facility Plans
(A) A complete copy of the marine facility's approved plan must be maintained on-site if the facility is staffed, or at the nearest field office if the facility is not staffed.
(B) A copy of the response manual must be maintained at all sites covered by the plan.
(C) Response manuals for pipeline facilities shall be maintained at all sites covered by the plan or where operations and maintenance activities are conducted.
(2) Tank Vessel Plans
(A) A complete copy of the tank vessel's contingency plan, including the response manual, must be maintained by the owner/operator.
(B) A complete copy of the tank vessel's approved response manual must be maintained on board the tank vessel at all times.
(3) The plan, or response manual, whichever is required, must be in a central location accessible to key response personnel at all times.
(4) A complete copy of the contingency plan, including the response manual, must be maintained by the Qualified Individual and available for use in the event of an incident.
(5) A complete copy of the contingency plan, including the response manual, must be maintained by the owner/operator and made available for review and inspection by all relevant state agencies upon request.
(6) Immediate Notification Information
(A) Immediate response and notification information shall be summarized and posted in a conspicuous location with access to a telephone, or other similar means of communication.
(b) Implementation
(1) Each plan shall be effective upon submittal. Any element of the plan that can not be implemented upon submittal must be covered by a timetable for implementation. Elements included in the timetable may include such items as the purchase of equipment, or the implementation of specific prevention measures. The timetable must also include an explanation for the delay, and provide for full implementation within six months of plan submittal, unless an extension is authorized by the Administrator.
(2) The owner/operator must implement the plan according to any timetable submitted as part of the plan.
(3) An owner/operator, or any of his/her agents and employees shall use and implement the effective plan in the event of an oil spill or an oil spill drill.
(4) Any deviation from any major element of the contingency plan must be approved by the Administrator in advance of the change. A major element is one that will affect timely and adequate oil spill response.
(5) All involved parties, as defined, shall carry out whatever direction is given by the Administrator in connection with the response, containment, and cleanup of a spill. A responsible party or potentially responsible party may refuse to accept a directive from the Administrator if:
(A) the directions of the Administrator are in direct conflict with directions from the Federal On-scene Coordinator; and/or
(B) the party reasonably, and in good faith, believes that the directions or orders given by the Administrator will substantially endanger the public safety or the environment.
(6) If a party refuses to accept the directive of the Administrator, the party shall state the reason why they have refused at the time of refusal, and:
(A) the party that has refused a directive shall follow up a verbal explanation of their refusal with a written notice to the Administrator explaining in full the reason(s) for refusing the directive. The written notice must be submitted within 48 hours of the refusal;
(B) the burden of proof shall be on the party to demonstrate, by clear and convincing evidence, why refusal to follow orders was justified.
(7) Failure to implement the plan appropriately shall constitute a violation of this subchapter.
(c) Coordination With Other Plans
(1) Each plan shall be consistent with the State Marine Oil Spill Contingency Plan and not in conflict with the National Contingency Plan.
(2) Beginning with the first review and resubmission, each plan submitted shall be consistent with the appropriate Area Contingency Plan(s) completed by the Coast Guard, State Agencies, and Local Governments as required by the Oil Pollution Act of 1990 that are in effect on January 15 of the year in which the contingency plan update is required.
NOTE

Authority cited: Sections 8670.28 and 8670.31, Government Code. Reference: Sections 8670.27, 8670.28, 8670.28.5, 8670.29, 8670.30(a)(2) and 8670.57-8670.69.6, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment of subsections (a)(1), (a)(4), (b)(1), (b)(7) and (c)(2) and amendment of Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Change without regulatory effect amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
4. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
§816.05. Plan Updates.
Note     •     History

(a) Timeframes
(1) Update and Review
(A) The plan holder shall ensure that all plans are up-to-date and complete. All plans shall be resubmitted for review once every five years from the date of the most recent approval letter.
(B)1. If the most recently approved plan and all updates submitted since the last plan approval letter have not changed, on or before the 5 year resubmittal due date the owner/operator shall, in lieu of submitting a complete plan as described in Subparagraph (A) above, submit correspondence to the Administrator stating that the plan currently on file with OSPR is up-to-date and complete.
2. If the contingency plan on file is over 5 years old from the date of most recent approval letter (original submission or resubmittal) and there has been no correspondence to the Administrator stating that the plan currently on file with the OSPR is up-to-date and complete, that plan will be revoked.
(C) The Administrator may require earlier or more frequent resubmission or updates than that required in Subparagraph (A). The owner/operator shall be notified in writing if an earlier resubmission or update is required. The notice shall include an explanation of the reasons for the resubmission or update. The circumstances that would warrant an earlier resubmission or update include, but are not limited to, the following:
1. a change in regulations;
2. the development of new oil spill response technologies as determined by the Administrator during any review of Response Capability Standards;
3. deficiencies identified in the Administrator's review of all the oil spill contingency plans as part of the Coastal Protection Review;
4. an increased need to protect plant and wildlife habitat;
5. deficiencies in oil spill response capability identified during an oil spill;
6. deficiencies in oil spill response capability identified during an oil spill drill;
7. significant changes to the tank vessel or marine facility; and
8. any other situation deemed appropriate by the Administrator where deficiencies in the ability to provide timely and effective oil spill response are identified.
(2) Unscheduled Updates
(A) The Administrator shall be notified as soon as possible, but at least within 24 hours, of any significant change or update to an approved plan.
1. A significant change is one that could affect timely and adequate oil spill response including changes in ownership and Financial Responsibility coverage.
2. Changes which are not significant include minor changes in equipment, personnel, or operating procedures which do not affect timely and adequate oil spill response.
3. As soon as administratively feasible, the Administrator will approve any change that would benefit the public health and safety, improve environmental protection, or facilitate more effective response, containment and cleanup.
(b) Review and Approval of Plan Updates
(1) The Administrator may deny approval of a resubmitted plan, or updated section(s) of a plan if it is no longer adequate according to the adopted regulations and policies in effect at the time of resubmission.
(2) The review will be processed in accordance with the same timeframes and procedures for submission of the initial plan.
(c) Logging and Distributing the Revised Plan
(1) The plan holder shall distribute the revised plan page(s) to all plan recipients within 15 days of the Administrator's approval of the revisions. Faxed updates for insertion into the plan are not acceptable.
(2) The updated page(s) shall have an update number and date revised on the bottom of each page, and shall be accompanied by an index of updates that includes update number, date revised, page(s) revised, and subject matter of update. As an alternative to the hard copy, this information may be submitted on electronic media, in a format approved by the Administrator (see Section 816.02(b)(3)).
(3) The log sheet, located in the front of the plan, shall be used to record the date the amendment was received, the initials of the individual who received the amendment, and a description of the change.
(d) Each plan recipient must incorporate and utilize all updated materials as provided by the plan holder.
NOTE

Authority cited: Sections 8670.28 and 8670.31, Government Code. Reference: Sections 8670.19, 8670.28 and 8670.31, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Change without regulatory effect amending subsections (a)(1)-(a)(1)(B) filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43).
3. Amendment of subsections (a)(1)(A), (a)(1)(B)7. and (c)(1), new subsection (c)(2), subsection renumbering, and amendment of subsection (d) filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
4. Change without regulatory effect amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
5. Amendment of subsections (a)(1)(A)-(A)1., (a)(1)(B)5.-8., (a)(2)(A)1.-2. and (c)(2) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
6. Amendment of subsection (a)(1)(A), repealer of subsection (a)(1)(A)1., new subsections (a)(1)(B)-(a)(1)(B)2., subsection relettering and amendment of newly designated subsection (a)(1)(C) and subsection (a)(2)(A) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§816.06. Compliance Requirements/Penalties.
Note     •     History

Any person who knowingly, intentionally, or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9, beginning with Section 8670.57 of the Government Code. Actions which constitute a violation of this subchapter shall include, but not be limited to, the following:
(a) failure to submit the plan in a timely manner;
(b) failure to implement any element of the plan as approved unless otherwise authorized by the Administrator or the U.S. Coast Guard through the Unified Command;
(c) operating without an approved plan; 
(d) failure to contract with an OSRO Rated by OSPR for booming, on-water recovery and storage, and shoreline protection services; or 
(e) failure to follow the direction or orders of the Administrator in connection with an oil spill, except as provided in Section 8670.27 of the Government Code.
NOTE

Authority cited: Sections 8670.28, 8670.29, 8670.30 and 8670.57-8670.69.6, Government Code. Reference: Sections 8670.29, 8670.30, 8670.31 and 8670.57-8670.69.6, Government Code.
HISTORY

1. Amendment of first paragraph and Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
2. Change without regulatory effect amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
3. New subsection (d), subsection relettering and amendment of Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
§817. Marine Facility Contingency Plans.
History

HISTORY

1. New heading filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment of section heading filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
§817.01. Applicability.
Note     •     History

(a) Plans
Oil spill contingency plans shall be prepared, submitted and used pursuant to the requirements of this subchapter for all marine facilities located in the marine waters (as defined in Section 815.05 of this subchapter) of California, or where a discharge of oil could reasonably be expected to impact the marine waters of California.
(1) A facility will be considered to have potential impact on marine waters based on the geographical and locational aspects of the site. Such aspects shall include proximity to marine waters or adjoining shorelines, land contour, and local drainage patterns. The existence of dikes, equipment or other structures used to prevent a spill from reaching marine waters will not necessarily affect the determination of which facilities are required to submit a plan.
(2) Contingency plans shall not be required of facilities located outside of the zone as measured from the mean high tide line to three nautical miles offshore. Any pipelines connecting such facilities to the shoreline, however, will be subject to the contingency planning requirements of this subchapter.
(b) Exemptions/Evaluations
(1) Owners/operators of platforms, with a reasonable worst case spill of less than 250 barrels, may apply for an exemption from the contingency plan requirements if the following conditions are met:
(A) the platform has a plan approved by either the Minerals Management Service (MMS), or the California State Lands Commission (SLC); and
(B) the MMS or SLC approved plan is submitted to the Administrator; and
(C) the Administrator determines that adequate response capability is available to address a spill and provide for the best achievable protection of coastal and marine resources.
(2) Any facility owner/operator may request a determination from the Administrator whether their facility meets the definition of marine facility, on the basis that a spill from the facility could not reasonably be expected to impact marine waters.
(A) The request must be submitted to the Administrator at least 180 days prior to the beginning of operation of the marine facility, and must provide specific, technical justification for the request.
(B) The Administrator shall inspect the facility to determine if a spill from the facility could potentially impact marine waters before the request may be approved.
(C) The Administrator will review the request within 30 days of receiving the request.
(D) If a decision is made that the facility meets the definition of marine facility, the facility owner/operator must submit a contingency plan within 90 days receipt of the decision.
(E) If a spill from a facility does occur which impacts marine waters, and the facility had previously received an evaluation that it does not meet the definition of marine facility, the evaluation is automatically revoked and the facility has 90 days in which to meet the contingency plan and Certificate of Financial Responsibility (COFR) requirements of this subdivision.
NOTE

Authority cited: Sections 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.28, 8670.29, 8670.30 and 8670.31, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment of section and Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Change without regulatory effect amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
4. Amendment of Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
§817.02. Marine Facility Plan Content (Except for Those Small Marine Fueling Facilities Addressed in Section 817.03 of This Subchapter).
Note     •     History

To the degree the information required by Subsections 817.02(b) through (k) exists elsewhere, copies of the pre-existing information may be submitted. If the information provided is not sufficient to meet the requirements of this subchapter, additional information may be requested by the Administrator.
(a) Introductory Material
(1) Each plan shall provide the following information:
(A) name and address of the marine facility, and mailing address if different. The name and address of the facility shall be referenced in the plan title or on a title page at the front of the plan;
(B) name, address, phone number, fax number and e-mail address, if available, of the owner and/or operator of the marine facility;
(C) name, address and phone number, fax number and e-mail address, if available, of the person to whom correspondence should be sent;
(D) a certification statement signed under penalty of perjury by an executive within the plan holder's management who is authorized to fully implement the oil spill contingency plan, who shall review the plan for accuracy, feasibility, and executability. If this executive does not have training, knowledge and experience in the area of oil spill prevention and response, the certification statement must also be signed by another individual within the plan holder's management structure who has the requisite training, knowledge, and experience. The certification shall be submitted according to the following format;

	“I certify, to the best of my knowledge and belief, under penalty of perjury under the laws of the State of California, that the information contained in this contingency plan is true and correct and that the plan is both feasible and executable.”
		(signature), (title), (date);
(E) The California Certificate of Financial Responsibility (COFR) number for the marine facility shall be included in the front of the plan. If the COFR is not available when the plan is submitted because the marine facility is not yet operational, the COFR number must be provided as soon as it becomes available. The COFR number must be provided before the plan can be approved.
(2) Each plan shall identify a Qualified Individual, as defined in Chapter 1, Section 790 of this subdivision, and any alternates that may be necessary for the purpose of implementing the plan. If the plan holder contracts for this service, documentation that the Qualified Individual or company, and any identified alternates, acknowledge this capacity shall be included in the plan. If an alternate or alternates are identified in the plan, then the plan shall also describe the process by which responsibility will be transferred from the Qualified Individual to an alternate. During spill response activities, notification of such a transfer must be made to the State Incident Commander at the time it occurs.
(3) Each plan shall provide the name, address, telephone number and facsimile number of an agent for service of process designated to receive legal documents on behalf of the plan holder. If the plan holder contracts for this service, documentation that the agent for service of process acknowledges this capacity shall be included in the plan. Such agent shall be located in California.
(4) Each plan shall identify a Spill Management Team (as defined in Section 815.05(p) of this subchapter). If the plan holder contracts for this service, documentation that the Spill Management Team acknowledges this capacity shall be included in the plan.
(5) Each plan shall contain a copy of the contract or other approved means (as defined in Section 815.05(b) of this subchapter) verifying that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill. This requirement can be met by a copy of the basic written agreement with an abstract of the recovery and/or cleanup capacities covered by the contract. Plan holders shall only contract with an OSRO(s) that has received a Rating by OSPR (as specified in Section 819 of this subchapter) for the booming, on-water recovery and storage, and shoreline protection services required. 
(b) Marine Facility Description
(1) Each plan shall describe the marine facility's design and operations with specific attention to those areas from which an oil spill could occur. This description shall include, at a minimum, the following information:
(A) a piping and instrumentation diagram, and a tank diagram including the location of pumps, valves, vents and lines; the number, and oil storage capacity of each structure covered under the plan and its age, design, construction and general condition; the range of oil products normally stored in each structure; the presence or absence of containment structures and equipment; and the location of mooring areas, oil transfer locations, control stations, safety equipment, drip pans and the drainage for drip pans;
(B) a description of the types, physical properties, health and safety hazards, maximum storage or handling capacity and current normal daily throughput of oil handled. A material safety data sheet (MSDS) or equivalent will meet some of these requirements and can be maintained separately at the facility providing the plan identifies its location;
(C) a description of the normal procedures for transferring oil from or to a pipeline, tanker, barge or other vessel, or storage tank, and the amount, frequency and duration of oil transfers;
(D) the marine facility's normal hours of operation; and
(E) for an exploration or production facility, a complete description of those sections of the oil or gas lease field, gathering lines, storage tanks and processing facilities, under the control of the owner/operator, a spill from which could reasonably be expected to impact the marine waters of California.
(2) Each plan shall describe the marine facility site and surrounding area, including, where appropriate, the following information (note: where maps/diagrams are required they may be submitted on electronic media, in Portable Document Format (PDF)):
(A) a map and description of site topography, including the drainage and diversion plans for the marine facility, such as sewers, storm drains, catchment, containment or diversion systems or basins, oil/water separators, and all watercourses into which surface runoff from the facility drains;
(B) vicinity maps showing any vehicular or rail access to the marine facility, pipelines to and from the facility, nearby residential, commercial or other populous areas, and access to private land necessary to respond to a spill;
(C) seasonal hydrographic and climatic conditions including wind speed and direction, air and water temperature, local tides, prevailing currents, and any local visibility problems;
(D) physical geographic features, including ocean depths and local bathymetry; beach types and other geological conditions, including type of soil and terrain; operational conditions such as physical or navigation hazards, traffic patterns, permanent buoys, moorings and underwater structures or other site-specific factors; and any other physical feature  or peculiarity of local waters that call for special precautionary measures that may affect spill response;
(E) logistical resources within the geographic area covered by the plan, including facilities for fire services, medical services, and accommodations for spill response personnel; and
(F) shoreline access area, including piers, docks, boat launches and equipment and personnel staging areas.
(c) Prevention Measures
Each plan shall address prevention measures in order to reduce the possibility of an oil spill occurring as a result of the operation of the marine facility. The prevention measures must eliminate or mitigate all the hazards identified in the Risk and Hazard Analysis.
(1) Risk and Hazard Analysis
(A) Each marine facility shall conduct a Risk and Hazard Analysis to identify the hazards associated with the operation of the facility, including: operator error, the use of the facility by various types of vessels, equipment failure, and external events likely to cause an oil spill.
The owner/operator may use one or more of the hazard evaluation methods identified by the American Institute of Chemical Engineers, or an equivalent method, including, but not limited to:
1. What-if analysis;
2. Checklist analysis;
3. Preliminary hazard analysis;
4. Hazard and operability study;
5. Failure mode and effect analysis; or
6. Fault tree analysis.
(B) The chosen hazard evaluation method must be conducted in accordance with the guidelines established by the American Institute of Chemical Engineers as published in the “Guidelines for Hazard Evaluation Procedures”, second edition, copyright 1992, prepared for The Center For Chemical Process Safety.
1. The plan must include information regarding the expertise of the working group that develops the analysis.
2. The plan must include information that demonstrates to the Administrator that the analysis is appropriate to the marine facility and adequate according to the published procedures referenced in (B) above.
3. An owner/operator may be found in violation of this section if the Risk and Hazard Analysis does not adequately address the risks posed by the marine facility.
4. The Administrator may require that an analysis be updated if there are significant changes made to the marine facility. A significant change, as used in this paragraph, is one that would have an impact on the outcome of the Risk and Hazard Analysis.
5. Additional information regarding the analysis method used or the working group that conducted the analysis shall be made available to the Administrator upon request.
(C) Each plan shall include a summary of the results of the risk and hazard analysis. The summary shall include the following:
1. the hazard analysis method used, and a statement that the analysis is specific to the marine facility. If the analysis relies on a risk assessment at a similar facility, the summary shall specify how the two facilities are comparable;
2. an inventory of the hazards identified, including the hazards that resulted in the historical spills;
3. an analysis of the potential oil discharges, including the size, frequency, cause, duration and location of all significant spills from the marine facility as a result of each major type of hazard identified;
4. the control measures that will be used to mitigate or eliminate the hazards identified. The plan shall include timeframes for implementing any control measures that cannot be functional immediately; and
5. a prediction of the potential oil spills that might still be expected to occur after any mitigating controls have been implemented.
(D) All supporting documentation used to develop the Risk and Hazard Analysis summary shall be made available to the Administrator upon request.
(2) Off-Site Consequence Analysis
For the significant hazards identified in the Risk and Hazard Analysis required under this section, the marine facility shall conduct a trajectory analysis to determine the Off-Site Consequences of an oil spill. This analysis shall assume pessimistic water and air dispersion and other adverse environmental conditions such that the worst possible dispersion of the oil into the air or onto the water will be considered. This analysis is intended to be used as the basis for determining the areas and shoreline types for which response strategies must be developed. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans, completed by the U.S. Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. (Note: where maps/diagrams are required they may be submitted on electronic media, in Portable Document Format (PDF)). The analysis, which shall be summarized in the plan, shall include at least the following:
(A) a trajectory, or series of trajectories (for pipelines, etc.), to determine the potential direction, rate of flow and time of travel of the reasonable worst case oil spill from the facility to marine waters and to the shorelines, including shallow-water environments, that may be impacted. For purposes of this requirement, a trajectory or trajectories (projected for a minimum of 72 hours) that determine the outer perimeter of a spill, based on regional extremes of climate, tides, currents and wind with consideration to seasonal differences, shall be sufficient;
(B) for each probable shoreline that may be impacted, a discussion of the general toxicity effects and persistence of the discharge based on type of product; the effect of seasonal conditions on sensitivity of these areas; and an identification of which areas will be given priority attention if a spill occurs.
(3) Resources at Risk from Oil Spills
Based on the trajectory of the spilled oil as determined in the Off-Site Consequence Analysis, each plan shall identify the environmentally, economically and culturally sensitive sites that may be impacted. Each plan shall identify and provide a map of the locations of these areas. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans, completed by the U.S. Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. (Note: where maps/diagrams are required they may be submitted on electronic media, in Portable Document Format (PDF)).
(A) The map of environmentally sensitive sites shall include:
1. shoreline types and associated marine resources;
2. the presence of migratory and resident marine bird and mammal migration routes, and breeding, nursery, stopover, haul-out, and population concentration areas by season;
3. the presence of aquatic resources including marine fish, invertebrates, and plants including important spawning, migratory, nursery and foraging areas;
4. the presence of natural terrestrial animal and plant resources in marine-associated environments;
5. the presence of state or federally-listed rare, threatened or endangered species;
6. the presence of commercial and recreational fisheries including aquaculture sites, kelp leases and other harvest areas.
(B) The map of the locations of economically and culturally sensitive sites shall include:
1. public beaches, parks, marinas, boat ramps and diving areas;
2. industrial and drinking water intakes, power plants, salt pond intakes, and other similarly situated underwater structures;
3. off-shore oil and gas leases and associated drilling/production platforms;
4. known historical and archaeological sites. If a plan holder has access to any confidential archaeological information, it must be submitted as a separate item and will be handled as confidential information as outlined in Subsection 816.01(d); 
5. areas of cultural or economic significance to Native Americans; and
6. the major waterways and vessel traffic patterns that are likely to be impacted.
(4) Required Prevention Measures
Each marine facility shall take all prevention measures to reduce or mitigate the potential hazards identified in the Risk and Hazard Analysis, and the potential impact those hazards pose to the resources at risk. Each plan shall include the following:
(A) schedules, methods and procedures for testing, maintaining and inspecting pipelines and other structures within or appurtenant to the marine facility that contain or handle oil which may impact marine waters if a failure occurs. Any information developed in compliance with Title 30 CFR, Part 250.153; Title 33 CFR, Part 154; Title 49 CFR, Part 195; and/or Title 5, Division 1, Part 1, Chapter 5.5, Sections 51010 through 51019.1 of the Government Code may be substituted for all or part of any comparable prevention measures required by this subsection.
(B) methods to reduce spills during transfer and storage operations, including overfill prevention measures and immediate spill containment provisions. Any information developed in compliance with Title 2, CCR, Division 3, Chapter 1, Article 5, Sections 2300-2407; Title 30 CFR, Part 250.154; and/or Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection.
(C) procedures to assure clear communication among all the parties involved during transfer operations. Any information developed in compliance with Title 2, CCR, Division 3, Chapter 1, Article 5; Title 14, CCR, Division 1, Subdivision 4, Chapter 3, Subchapter 6; and/or Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection;
(D) protection measures for areas within the marine facility that are subject to flooding;
(E) the plan holder shall provide additional relevant information to the Administrator upon request.
(d) Containment Booming and On-water Recovery
Each plan holder must have a contract or other approved means for containment booming and on-water recovery response resources up to their Response Planning Volume for all potential oil spills from the marine facility. To determine the amount of response resources for containment booming and on-water recovery, each plan holder must calculate a Response Planning Volume as outlined below:
(1) Reasonable Worst Case Spill
To calculate the Response Planning Volume, it is first necessary to determine the reasonable worst case spill for each marine facility, as follows:
(A) For marine facilities (except on-shore pipelines (not subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.7 (commencing with Section 25280) of Division 20, Health and Safety Code) which are addressed in Subsection (B), offshore platforms which are addressed in Subsections (C) and (D), and offshore pipelines which are addressed in Subsection (E):
1. the loss of the entire capacity of all in-line, break-out and portable storage tank(s), not subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.7 (commencing with Section 25280) of Division 20, Health and Safety Code, needed for the continuous operation of the pipelines used for the purposes of handling or transporting oil, taking into account the existence of volume limiting factors including, but not limited to, line pressure, gravity, and the availability and location of the emergency shut-off controls; plus
2. the amount of additional spillage that could reasonably be expected to enter California marine waters during emergency shut-off, transfer or pumping operations if a hose(s) or pipeline(s) ruptures or becomes disconnected, or if some other incident occurs which could cause or increase the size of an oil spill. The spillage shall be calculated as follows: the maximum time to discover the release from the pipe or hose in hours, plus the maximum time to shut down flow from the pipe or hose in hours (based on historic discharge data or the best estimate in absence of historic discharge data for the marine facility) multiplied by the maximum flow rate expressed in barrels per hour (based on the maximum relief valve setting or maximum system pressure when relief valves are not provided) plus the total linefill drainage volume expressed in barrels.
3. The Administrator has the discretion to accept that a marine facility can operate only a limited number of the total pipelines at a time. In those circumstances, the reasonable worst case spill volume shall include the drainage volume from the piping normally not in use, in addition to the volume determined in (1) and (2), above.
(B) For on-shore pipelines not subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.7 (commencing with Section 25280) of Division 20, Health and Safety Code, the largest volume in barrels, of the following:
1. The pipeline's maximum release time in hours (i.e., the time between pipeline rupture and discovery), plus the maximum shut-down response time in hours (based on historic discharge data or in the absence of such historic data, the operator's best estimate), multiplied by the maximum flow rate expressed in barrels per hour (based on the maximum daily capacity of the pipeline), plus the largest line drainage volume after shutdown of the line section(s) in the response zone expressed in barrels. (As used in this subsection: line section means a continuous run of pipe that is contained between adjacent pressure pump stations, between a pressure pump station and a terminal or break-out tank, between a pressures pump station and a block valve, or between adjacent block valves; response zone means a geographic area either along a length of pipeline or including multiple pipelines, containing one or more adjacent line sections, for which the operator must plan for the deployment of, and provide spill response capabilities. The size of the zone is determined by the operator after considering available capabilities, resources, and geographic characteristics); or
2. The largest foreseeable discharge for the line section(s) within a response zone, expressed in barrels, based on the maximum historic discharge, if one exists, adjusted for any subsequent corrective or preventive action taken; or
3. If the response zone contains one or more break-out tanks, the capacity of the single largest tank or battery of tanks within a single secondary containment system, adjusted for the capacity or size of the secondary containment system, expressed in barrels.
(C) For offshore platforms (except those drilling a new well which are addressed in Subsection (D)):
1. total tank storage and flow line capacity; plus
2. that portion of the total linefill capacity which could be lost during a spill, taking into account the availability and location of the emergency shut-off controls and the effect of hydrostatic pressure; plus
3. the amount of additional spillage that could reasonably be expected to enter marine waters during emergency shut-off, transfer or pumping operations if a hose or pipeline ruptures or becomes disconnected, or some other incident occurs which could cause or increase the size of an oil spill. The calculation may take into consideration other safety devices, emergency reaction times and maximum transfer rates; plus
4. the daily production volume for thirty (30) days from an uncontrolled blowout of the highest capacity well associated with the marine facility. In determining the daily discharge rate, the reservoir characteristics, casing/production tubing sizes, and historical production and reservoir pressure data shall be taken into consideration.
(D) For offshore platforms with active well drilling:
The owner/operator of a platform at which a new well is being drilled must submit a proposed reasonable worst case oil spill calculation for platform operations to the Administrator. The proposed worst case discharge is the daily volume possible for thirty (30) days from an uncontrolled blowout taking into consideration any known reservoir characteristics. The proposed calculation will be reviewed by the Administrator during the plan review and approval process to determine if it adequately addresses the oil spill potential of the new well system.
(E) For offshore pipelines, the largest volume in barrels of the following calculation:
1. The pipeline system leak detection time, plus the shutdown response time, multiplied by the highest measured oil flow rate over the preceding 12-month period. For new pipelines, use the predicted oil flow rate. Add to this calculation the total volume of oil that would leak from the pipeline after it is shut in. This volume should be calculated by taking into account the effects of hydrostatic pressure, gravity, frictional wall forces, length of pipeline segment, tie-ins with other pipelines, and other factors.
(F) The calculations, and such parameters as flow rates, linefill capacities and emergency shutoff times, that are used to determine a marine facility's reasonable worst case spill shall be submitted as part of the plan. The Administrator may review and test these parameters as part of the drill conducted in accordance with Subsection 816.03(b).
(2) Persistence and Emulsification Factors
(A) The reasonable worst case spill volume is then multiplied by a persistence factor relative to the most persistent type of oil that may be spilled by the marine facility. The persistence factors relative to the type of oil spilled, are specified below:

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(B) Emulsification Factors
The volume determined from the calculation in Subparagraph (A) is then multiplied by one of the following emulsification factors, again, based on the type of oil.

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(C) Response Planning Volume
The total determined by the above calculation is a Response Planning Volume.
1. The Response Planning Volume to be used to determine the amount of Response Equipment and Services that must be under contract or other approved means shall be the greater of the amount determined in Subsection 817.02(d)(1) and (2) , or the Planning Volume for On-water Recovery calculated for the nearshore/inland environment in the marine facility's federal response plan pursuant to 33 CFR Part 154, Appendix C, Section 7. The Planning Volume for On-Water Recovery is the adjusted volume from the federal calculation determined prior to establishing the response tiers utilizing the mobilization factors.
2. All calculations used to determine the Response Planning Volume shall be included in the plan.
(3) Response Capability Standards
The equipment and personnel necessary to address the Response Planning Volume is brought to the scene of the spill over a period of time. The timeframes are dependent upon the risk zone in which the marine facility is located and are specified in the tables in this section.
The standards set forth in this section are only planning standards and may not reflect the exigencies of actual spill response. However, these are the standards that must be used to determine the amount of equipment and personnel that must be under contract or other approved means. Response resources in addition to those under contract must be identified, and a call-out procedure in place to access this equipment, if the marine facility has a spill that exceeds the Response Planning Volumes. The owner/operator is ultimately responsible for addressing the entire volume of an actual spill regardless of the planning volume.
(A) On-Water Daily Recovery Rates and Containment Boom Amounts
1. The total amount of on-water recovery equipment and services required shall be the lesser of the amount necessary to address the Response Planning Volume determined in Section 817.02(d)(2)(C) or the Daily Recovery Rate established by this Section at 817.02(d)(3)(B) below.
2. The amount of response resources and the timeframes for delivery are specified in Subsection 817.02(d)(3)(B) below. The barrels per day capability figure is the total amount of on-water recovery equipment that must be at the scene of the spill at the hour specified which is measured from the time of notification, as described in this subchapter. All on-water recovery response resources shall be capable of being deployed and operable within one hour of arrival at the scene of the spill or drill but no later than the designated timeframe for each risk zone.
3. The timeframes for equipment delivery and deployment as specified in this subsection do not take into account the time required to conduct a health and safety assessment of the site as set forth in Subsection 817.02(f)(8), and as required by the California Occupational and Safety Administration. In addition, these timeframes do not account for delays that may occur due to weather or seastate. The actual time necessary to deliver and deploy equipment will be assessed at the time of an incident or a drill and will take into account the prevailing conditions of weather and seastate, as well as the site assessment requirements.
(B) Daily Recovery Rate
1. Facilities located in High-Volume Ports

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i. in addition, the facility/transfer points within the High Volume Ports must have 3,125 barrels/day, or 10% of the reasonable worst case spill volume, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification;
ii. if a facility/transfer point within a High Volume Port maintains and can immediately deploy containment equipment for a 3,125 barrel spill, or 10% of the reasonable worst case spill volume, whichever is less, the initial on-water recovery capability can be on-scene within three hours rather than two hours.
2. Facility/Transfer Areas and the Santa Barbara Channel Area

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i. in addition, facility/transfer points within a Facility/Transfer Area and the Santa Barbara Channel Area must have 3,125 barrels/day, or 10% of the reasonable worst case spill volume, whichever is less, of on-water recovery capability that can be mobilized and on-scene within 2 hours of notification;
ii. if a facility/transfer point within a Facility/Transfer Area or the Santa Barbara Channel Area maintains and can immediately deploy containment equipment for a 3,125 barrel spill, or 10% of the reasonable worst case spill volume, whichever is less, the initial on-water recovery capability can be on-scene within three hours rather than two hours;
iii. for those points where transfers occur infrequently, and where there is not permanent equipment present, the 3,125 barrel/day, or 10% of the reasonable worst case spill volume, whichever is less, on-water recovery capability shall be brought to the site at the time of transfer;
iv. for infrequent transfers of non-persistent oil, the initial response requirement may be waived by application to the Administrator. The application for waiver must include a justification based on such factors as the location of the marine facility, proximity to response equipment, additional equipment in the immediate area, and the relative environmental sensitivity of the potential spill sites.
(C) Sufficient containment equipment shall be brought to the scene of the spill to address the daily recovery rates as designated in Section 817.02(d)(3)(B).
(D) The standards set forth in Subsection 817.02(d)(3)(B) were increased by a factor of 25% on July 1, 1997, and again on July 1, 2001. It was determined that this increase was feasible and necessary to meet the best achievable protection of the coast.
(E) The standards set forth in Subsection 817.02(d)(3)(B) will be reviewed by the Administrator to determine if increases to these amounts are feasible and necessary in order to meet the best achievable protection of the coast. The Administrator shall conduct a review and hold a public hearing prior to confirming the new standards to solicit input regarding the necessity of the proposed increase and any credits that may be allowed.
(4) Movement of Response Resources
There may be times when it is necessary to move response equipment from one risk zone to another in order to respond to a catastrophic oil spill. However, the Administrator needs to ensure that sufficient response resources are available to address a reasonable risk within each zone. Therefore, when equipment is needed from one risk zone which may impact the plan holder's on-water containment and recovery at the 6 hour level, the plan holder or OSRO shall make a request to the Administrator to temporarily reduce the Response Capability Standards set forth in (d)(3) above, before the equipment can be moved. The Administrator shall only grant such a request after determining that sufficient response resources are available to address a reasonable risk within the zone from where the response equipment is being considered for removal.
(5) On-Water Response Equipment and Services
(A) Each plan shall demonstrate that the marine facility owner/operator has under contract or other approved means (as defined in Section 815.05(b) of this subchapter), access to all the necessary response resources to comply with the Response Capability Standards established in Subsection 817.02(d)(3). The amount of response equipment required shall take into account the effective daily recovery capacity (EDRC, as defined in Chapter 1, Section 790 of this subdivision) of the equipment.
(B) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the geography, bathymetry, water depths, tides, currents and other local environmental conditions. For those areas that require shallow-water response capability (refer to the relevant Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 815.05 of this subchapter) and for adequate booming and other shoreline protective resources to be owned or under contract or other approved means and available to provide shoreline protection of all sensitive sites identified in the trajectory analysis conducted as part of the Off-site Consequence Analysis. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified. To the extent that the following information is provided by a Rated OSRO, evidence of a contract or other approved means with a Rated OSRO will suffice:
1. the location, inventory and ownership of the equipment to be used to fulfill the response requirements of this subchapter;
2. a complete inventory of any nonmechanical response equipment and supplies, including the type and toxicity of each chemical agent, with procedures for storage and maintenance;
3. the type and capacity of storage and transfer equipment matched to the skimming capacity of the recovery systems;
4. the manufacturer's rated capacities and the operational characteristics for each major item of oil recovery equipment;
5. the effective daily recovery capacity (as defined in Chapter 1, Section 790 of this subdivision) for each major piece of on-water recovery equipment listed, as well as the effective daily recovery capacity for the skimming systems as a whole.
i. A request may be submitted to the Administrator to review the effective daily recovery capacity for a piece of equipment if it can be shown that the equipment has a different capacity than the derating factor allows.
ii. The Administrator's decision regarding a change in the effective daily recovery capacity for a piece of equipment will be issued as soon as administratively feasible.
6. vessels designated for oil recovery operations, including skimmer vessels and vessels designed to tow and deploy boom, and availability of shallow-draft vessels;
7. vessels of opportunity reasonably available for oil spill recovery operations, including availability of shallow-draft vessels, procedures to equip the vessels, inventory all equipment, and train personnel;
8. procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator;
9. sufficient equipment to track the movement of discharged oil, including aerial surveillance sufficient to direct skimming operations.
10. Each plan shall describe the personnel available to respond to an oil spill, including:
i. a list by job category including a job description for each type of spill response position needed as indicated in the spill response organization scheme;
ii. a match between personnel by job category, and the equipment proposed for use (including equipment appropriate for shallow-water environments), including the plan for mobilization of such personnel;
iii. sufficient personnel to maintain a response effort of at least 14 days.
11. Each plan shall describe procedures for the transport of required equipment, personnel and other resources to the spill site. The description shall include plans for alternative procedures during adverse environmental conditions. Adverse environmental conditions to be considered shall include:
i. adverse weather;
ii. sea states, tides, winds and currents;
iii. presence of debris or other obstacles; and
iv. any other known environmental conditions that could restrict response efforts.
(C) A list of the marine facility's spill management personnel (and company name if applicable) and their spill response qualifications including a discussion of spill response training and experience, regulatory awareness and compliance, and supervision.
(D) Any equipment and personnel identified in the plan must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventuality must be taken into account in relying upon these resources.
1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair. Major equipment is that which, if removed, would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs.
2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. Backup equipment may be provided from the owner's own inventory, or may be made available from another responder.
3. A plan shall remain valid during the time that equipment has been removed from service for maintenance or repair.
(E) Group 5 Oils
Marine facilities that handle Group 5 oils must contract with one or more Rated OSRO(s) to address the marine facility's Response Planning Volume. Such equipment shall include, but is not limited to the following:
1. sonar, sampling equipment, or other methods for locating the oil on the bottom or suspended in the water column;
2. containment boom, sorbent boom, silt curtains, or other methods to reduce spreading on the bottom;
3. dredges, pumps, or other equipment necessary to recover oil from the bottom;
4. equipment necessary to assess the impact of such discharges; and
5. any other appropriate equipment necessary to respond to a discharge involving a Group 5 oil.
(F) The plan holder may propose the use of non-mechanical methods for response operations which may include dispersants, in-situ burning, coagulants, bioremediants, or other chemical agents. The use of any non-mechanical method for response must be done in accordance with provisions of the California Oil Spill Contingency Plan, the National Contingency Plan, the applicable federal Area Contingency Plan and all applicable State laws and regulations. If a non-mechanical method of response is proposed, the plan shall include:
1. methods of deployment or application;
2. for use of a chemical agent,a description of the specific mechanisms in place to assess the environmental consequences of the chemical agent. This shall include the mechanism for continuous monitoring of environmental effects for the first three days after initial application, and periodic monitoring thereafter until the agent is inert or no longer operative;
3. identification of all permits, approvals or authorizations needed to allow the use of chemical agents or non-mechanical methods, and the timeline for obtaining them;
4. a plan for protecting resources at risk, areas of public concern and the public from any adverse effects of the non-mechanical method used;
5. the projected efficacy of each type of non-mechanical method proposed for use taking into account the type of spilled material and the projected environmental conditions of the potential spill site; and
6. upon request, the plan holder shall provide any test results known to the plan holder which assess the environmental impacts of applying these methods in the marine environment.
(G) The plan shall describe methods for tracking the movement of the discharged oil; and
(H) The plan shall list the location of the weather stations to be used for observations of winds, currents and other data at the time of a spill that may assist in making real-time projections of spill movement.
(e) Shoreline Protection
Each plan must provide for shoreline protection of all potential spills from the marine facility.
(1) Shoreline Response Planning Volume
Each plan shall demonstrate that the marine facility has access to all necessary equipment and services to address the response strategies appropriate to each shoreline that could potentially be impacted by a spill from the facility.
To determine the amount of equipment and services necessary a Response Planning Volume must be calculated as outlined below:
(A) Multiply the reasonable worst case spill for the marine facility, as calculated in Subsection 817.02(d)(1), by the appropriate persistence factor from the chart below for the most persistent type of oil that may be spilled:

View Graphic
(B) Emulsification Factors
The volume determined from the calculation above is then multiplied by one of the following emulsification factors, again, based on the type of oil:

View Graphic
(C) Total Shoreline Equipment Required
The total determined by this calculation is a Response Planning Volume.
1. The Response Planning Volume to be used to determine the amount of Response Equipment and Services that must be under contract shall be the greater of the amount determined in Subsection 817.02(e)(1), or the adjusted Planning Volume for onshore recovery calculated for the nearshore/inland environment in the facility's federal response plan pursuant to 33 CFR Part 154., Appendix C, Section 7.
2. All calculations used to determine the Response Planning Volume shall be included in the plan.
(2) Shoreline Protection Equipment and Services
Each plan must identify, and ensure availability through a contract or other approved means (as defined in Section 815.05(b) of this subchapter), the capability of effecting shoreline protection strategies. Such protection strategies must be commensurate with the Response Planning Volume calculated for potential shoreline impact, and must be capable of addressing all appropriate protection, and response strategies. The specific areas where equipment and services must be available for use shall be identified in the Off-Site Consequence Analysis.
(A) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. To the extent that the following information is provided by a Rated OSRO, evidence of a contract or other approved means with a Rated OSRO will suffice:
1. the amounts of all protective booming, shallow-draft vessels, and shoreline protection equipment necessary to address the specific types of shorelines that may be impacted;
2. the location, inventory and ownership of the equipment to be used to fulfill the response requirements;
3. the procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator.
(B) Each plan shall have under contract or other approved means sufficient trained personnel to respond to all oil spills up to the calculated Response Planning Volume, which are to remain on scene until demobilized by the State Incident Command or the Unified Command. For planning purposes, this shall include procedures to obtain sufficient personnel to maintain a response effort of at least 14 days.
(C) Any equipment and personnel identified to meet the planning standard requirements must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventuality must be taken into account in relying upon these resources.
1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair. Major equipment is that which, if moved, would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs.
2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. Backup equipment may be provided from the owner's own inventory or may be made available from another responder.
3. A plan shall remain valid during the time that equipment has been removed from service for maintenance or repair if the Administrator has not disapproved such removal within 24 hours of notification.
4. The equipment owner shall notify the Administrator when the major equipment is back in service.
(3) (Reserved)
(4) Shoreline Clean-Up
(A) Utilizing the equipment that must be under contract, each plan shall describe the methods that will be used to contain spilled oil and remove it from the environment. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The description shall include:
1. all shoreline clean-up procedures and oil diversion and pooling procedures for the close-to-shore environment. These procedures shall include, where appropriate, methods for carrying out response operations and clean-up strategies in shallow-water environments, as identified in the trajectory analysis conducted as part of the Off-site Consequence Analysis;
2. methods for shoreside cleanup, including containment and removal of surface oil, subsurface oil and oiled debris and vegetation from all applicable shorelines, adjacent land and beach types.
3. measures to be taken to minimize damage to the environment from land operations during a spill response, such as impacts to sensitive shoreline habitat caused by heavy machinery or foot traffic.
(B) Protection, response and clean-up strategies will be specific to the type of oil spilled, the expected spill sites as identified in the Off-Site Consequence Analysis, and the resources at risk at those spill sites.
(C) Each plan must utilize all the strategies appropriate to the potential impact sites.
(D) Each plan shall have under contract or other approved means sufficient trained personnel to respond to all oil spills up to the Response Planning Volume, which are to remain on scene until demobilized by the State Incident Command or the Unified Command
(f) Response Procedures
(1) Each plan shall describe the organization of the marine facility's spill response system and management team. An organizational diagram depicting the chain of command shall also be included. Additionally, the plan shall describe the method to be used to interface the plan holder's organization into the State Incident Command System and/or the Unified Command Structure as required by Title 8, California Code of Regulations, Subsection 5192(q)(3)(A).
(A) The plan holder may utilize the procedures outlined in the appropriate Area Contingency Plan when describing how the marine facility's chain of command will interface with the State Incident Command System which utilizes the Unified Command.
(B) Each plan shall describe the organization of the plan holder's public information office, as it relates to an oil spill incident, and the method by which the Information Officer will be integrated into the State Incident Command System.
(C) Each plan shall describe the plan holder's safety program as it relates to an oil spill incident and the method by which their Safety Office will be integrated into the State Incident Command System.
(2) Each plan shall identify potential sites needed for spill response operations including location(s) for:
(A) a central command post sufficient to accommodate the State Incident Command or Unified Command as well as the plan holder's response organization;
(B) a central communications post if located away from the command post;
(C) equipment and personnel staging areas.
(3) Each plan shall include a checklist, flowchart or decision tree depicting the procession of each major stage of spill response operations from spill discovery to completion of cleanup. The checklist, flowchart or decision tree shall describe the general order and priority in which key spill response activities are performed.
(4) Each plan shall describe how the plan holder will provide emergency services before the arrival of local, state or federal authorities on the scene, including:
(A) procedures to control fires and explosions, and to rescue people or property threatened by fire or explosion;
(B) procedures for emergency medical treatment and first aid;
(C) procedures to control ground, marine and air traffic which may interfere with spill response operations;
(D) procedures to manage access to the spill response site and the designation of exclusion, decontamination and safe zones; and
(E) procedures to provide the required personnel protective gear for responders.
(5) Each plan shall describe equipment and procedures to be used by marine facility personnel to minimize the magnitude of a spill and minimize structural damage which may increase the quantity of oil spilled.
(A) Spill mitigation procedures shall include immediate containment strategies, methods to stop the spill at the source, methods to slow or stop leaks, and methods to achieve immediate emergency shutdown.
(B) For spill mitigation procedures the plan shall include prioritized procedures for marine facility personnel including specific procedures to shut down affected operations. Responsibilities of facility personnel should be identified by job title. A copy of these procedures should be maintained at the facility operations center. These procedures should address the following equipment and scenarios:
1. failure of manifold and mechanical loading arm, other transfer equipment, or hoses, as appropriate;
2. tank overfill;
3. tank failure;
4. pipe rupture;
5. pipe leak, both under pressure and not under pressure, if applicable;
6. explosion and/or fire; and
7. other equipment failure (e.g. pumping system failure, relief valve failure, etc.).
(6) Each plan shall detail the lines of communications between the responsible party, the Qualified Individual and the on-scene coordinators, response teams, and local, state, and federal emergency and disaster responders, including:
(A) communication procedures;
(B) the communication function (e.g., ground-to-air) assigned to each channel or frequency used;
(C) the maximum broadcast range for each channel or frequency used; and
(D) redundant and back-up systems.
(7) Each plan shall describe the procedures to manage access to the spill response site, the designation of exclusion, decontamination and safe zones, and the decontamination of equipment and personnel during and after oil spill response operations, as required by the California Occupational Safety and Health Administration.
(8) Prior to beginning spill response operations and/or clean up activities, a Site Safety Plan must be completed. Each site safety plan shall include information as required pursuant to Title 8, Section 5192(b)(4)(B) of the California Code of Regulations including, but not limited to, a written respiratory protection program, written personal protective equipment program, written health and safety training program, written confined space program and permit forms, direct reading instrument calibration logs, and written exposure monitoring program.
(g) Notification Procedures
(1) Each plan shall include a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. The plan shall:
(A) detail the procedures for reporting oil spills to all appropriate local, state, and federal agencies;
(B) identify a central reporting office or individual who is responsible for initiating the notification process and is available on a 24-hour basis. The individual making this notification must be fluent in English. The following information must be provided:
1. the individual or office to be contacted;
2. telephone number or other means of contact for any time of the day; and
3. an alternate contact in the event the individual is unavailable.
(C) establish a clear order of priority for notification.
(2) Immediate Notification
Nothing in this section shall be construed as requiring notification before response.
(A) Each plan shall include a procedure for contacting the OSRO, or other initial response resources if an OSRO is not being used, immediately, but no longer than 30 minutes, after discovery of a discharge of oil or threatened discharge of oil.
(B) Each plan shall include a procedure that ensures that the owner/operator or his/her designee will initiate contact with the Qualified Individual, the California Emergency Management Agency and the National Response Center immediately, but no longer than 30 minutes, after discovery of a discharge of oil or threatened discharge of oil.
(C) All phone numbers necessary to complete the immediate notification procedures must be included in the response manual.
(3) Each plan shall identify a call-out procedure to acquire the resources necessary to address spills that cannot be addressed by the equipment that the owner/operator is required to have under contract. Procedures must allow for initiation of the call-out within 24 hours of the incident and must begin as soon as a determination has been made that additional resources are necessary.
(4) Each plan shall provide a checklist of the information to be reported in the notification procedures, including but not limited to:
(A) marine facility name and location;
(B) date and time of the incident;
(C) the cause and location of the spill;
(D) an estimate of the volume of oil spilled and the volume at immediate risk of spillage;
(E) the type of oil spilled, and any inhalation hazards or explosive vapor hazards, if known;
(F) the size and appearance of the slick;
(G) prevailing weather and sea conditions;
(H) actions taken or planned by personnel on scene;
(I) current condition of the marine facility;
(J) injuries and fatalities; and
(K) any other information as appropriate.
(5) Reporting of a spill as required by Subsection 817.02(g)(2) shall not be delayed solely to gather all the information required by Subsection 817.02(g)(4).
(6) An updated estimate of the volume of oil spilled and the volume at immediate risk of spillage shall be reported to the California Emergency Management Agency whenever a significant change in the amount reported occurs, but not less than every 12 hours within the first 48 hours of response. The State Incident Commander and/or the Federal On-Scene Coordinator through the Unified Command shall have the option of increasing or decreasing this timeframe, as needed. Updated spill volume information included in the Incident Action Plan developed through the Unified Command will meet the requirements of this subsection.
(h) Temporary Storage and Waste Management
(1) Each plan shall identify sufficient temporary storage for all recovered oil or all oily waste, and identify facilities that would be able to accept the recovered oil or oily waste for recycling or other means of waste management. Sufficient storage shall be no less than two times the calculated Response Planning Volume up to the Daily Recovery Rate as determined in Section 817.02(d)(3)(B).
(A) To meet the temporary storage requirement described in Subsection (1) above, the following amounts of storage shall be dedicated response resources (as defined in Section 815.05(c) of this subchapter) or OSRO-owned and controlled response resources (as defined in Section 815.05(k) of this subchapter), as applicable to the appropriate risk zone: 
Sufficient storage to support the skimming systems shall be brought to the scene of the spill during the first four hours of response: 
520 barrels of storage, or 20% of the response planning volume, whichever is less, shall be brought to the scene of the spill within four hours of notification of a spill; 
12,000 barrels, or two times the response planning volume, whichever is less, shall be available at the scene of the spill within 6 hours of notification of a spill. 
The balance of the temporary storage requirement described in Subsection (1) above may be provided by non-dedicated storage resources. All skimming systems operating at the scene of a spill shall have adequate storage. 
(2) Each plan shall identify the party that shall maintain responsibility for recovered oil and oily waste for the purposes of temporary storage.
(3) Each plan shall describe site criteria and methods used for temporary storage of recovered oil and oily wastes generated during response and cleanup operations, including sites available within the marine facility, or near the spill area.
(4) Each plan shall identify all applicable permits, and all federal, state and local agencies responsible for issuing those permits for transit, temporary storage and ultimate waste management of all wastes likely to result from an oil spill.
(5) Each plan shall include information which could expedite the state approval process for the use of temporary waste storage sites, including a list of appropriate contacts and a description of procedures to be followed for each approval process.
(i) Oiled Wildlife Care Requirements
Each plan shall describe how oiled wildlife care will be provided by one of the following approved means:
(1) Utilize the California Oiled Wildlife Care Network (OWCN) to meet oiled wildlife care requirements; or
(2) describe procedures that clearly outline how oiled wildlife care will be provided. The equipment, facilities, and personnel necessary to implement these procedures must be identified and assured by contract for each Geographic Area covered by the plan. Standards and written protocols for wildlife care must comply with all applicable State and federal laws.
(j) Training
(1) Each plan shall provide that all appropriate personnel employed by the marine facility shall receive training in the use and operation of oil spill response and clean-up equipment. The plan shall describe:
(A) the type and frequency of training that each individual in a spill response position receives to achieve the level of qualification demanded by their job description;
(B) the procedures, if any, to train and use volunteers or other additional personnel in spill response operations as necessary for the size of the spill.
(2) Each plan shall describe the type and frequency of personnel training on methods to reduce operational risks. The description of the training shall include, if applicable, the following:
(A) any established training objectives that address potential spill sources and causes that were identified in the Risk and Hazard Analysis.
(B) the means of achieving any established training objectives, such as:
1. training programs for the positions involved with the various aspects of the marine facility's operation that could result in a spill (e.g., position responsible for facility inspections or transfers);
2. a training schedule, including adequate frequency, (e.g., initial training upon hire and annual refresher training) and type of training (workshops, classroom, videotape, on-the-job training, etc.) for each position trained, by job classification;
(C) any licenses, certifications or other prerequisites required to hold particular jobs.
(D) A plan holder whose facility is subject to and in compliance with State Lands Commission training regulations; Title 2, Division 3, Chapter 1, Article 5.3, CCR Sections 2540 through 2548, shall be considered in compliance with the training provisions of this subsection.
(3) Each plan shall provide for safety training as required by state and federal health and safety laws for all personnel likely to be engaged in oil spill response, including a program for training non-permanent responders such as volunteers or temporary help.
(4) The marine facility owner/operator shall ensure that training records are maintained for 3 years. All such documentation must be made available to the Administrator upon request.
(k) Drills and Exercises
(1) Each plan shall describe the small marine facility's drill and exercise program that meets the requirements of Section 820.01(a), to ensure that the elements of the plan will function in an emergency.
(2) Training sessions may constitute creditable drills and exercises if all requirements in Subsection 820.01(a) are met.
(3) A marine facility owner/operator shall ensure that all of the response resources identified in the plan participate in equipment deployment exercises at least once every three years.
NOTE

Authority cited: Sections 8670.7, 8670.10, 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.7, 8670.10, 8670.25.5, 8670.28, 8670.29, 8670.30, 8670.31 and 8670.37.51, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Change without regulatory effect amending subsection (a)(2) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Change without regulatory effect amending subsections (d)(3)(B)1., (d)(3)(B)2., (d)(3)(B)2.ii. and (d)(3)(D) filed 6-11-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 24).
4. Amendment of section and Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
5. Change without regulatory effect amending subsections (c)(4)(A)-(C), (f)(1) and (j)(2)(D) and amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
6. Amendment of subsections (d)(3)(B)1.-(d)(3)(B)2.iii. filed 5-25-2001; operative 7-1-2001 pursuant to Government Code section 8670.28(e) and 14 CCR 817.02(d)(3)(E). Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 2001, No. 21).
7. Amendment of subsection (a)(4) and (h)(1), new subsection (h)(1)(A) and amendment of Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
8. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
9. Amendment of subsections (d), (d)(1), (d)(1)(C)4. and (d)(1)(D) filed 2-8-2011; operative 3-10-2011 (Register 2011, No. 6).
10. Amendment of subsections (c)(1)(B)2., (d)(3)(A)2.-3., (d)(3)(F), (e)(1)(A) and (f)(6), repealer of subsections (f)(7)-(f)(7)(B), subsection renumbering and amendment of subsections (g)(2)(B) and (g)(6) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§817.03. Small Marine Fueling Facility Plan Content.
Note     •     History

To the degree the information required by Subsections 817.03(b) through (k) exists elsewhere, copies of the pre-existing information may be submitted. If the information provided is not sufficient to meet the requirements of this subchapter, additional information may be requested by the Administrator.
(a) Introductory Material
(1) Each plan shall provide the following information:
(A) name and address of the small marine fueling facility (as defined in Section 790 of this subdivision), and mailing address if different. The name and address of the facility shall be referenced in the plan title or on a title page at the front of the plan;
(B) name, address, phone number, fax number and e-mail address, if available, of the owner and/or operator of the small marine fueling facility;
(C) name, address, phone number, fax number and e-mail address, if available, of the person to whom correspondence should be sent; 
(D) a certification statement signed under penalty of perjury by an executive within the plan holder's management who is authorized to fully implement the oil spill contingency plan, who shall review the plan for accuracy, feasibility, and executability. If this executive does not have training, knowledge and experience in the area of oil spill prevention and response, the certification statement must also be signed by another individual within the plan holder's management structure who has this requisite training, knowledge, and experience. The certification shall be submitted according to the following format;
“I certify, to the best of my knowledge and belief, under penalty of perjury under the laws of the State of California, that the information contained in this contingency plan is true and correct and that the plan is both feasible and executable.”

		(signature), (title), (date);
(E) The California Certificate of Financial Responsibility (COFR) number for the small marine fueling facility shall be included in the front of the plan. If the COFR is not available when the plan is submitted because the facility is not yet operational, the COFR number must be provided as soon as it becomes available. The COFR number must be provided before the plan can be approved.
(2) Each plan shall identify a Qualified Individual, as defined in Chapter 1, Section 790 of this subdivision, and any alternates that may be necessary for the purpose of implementing the plan, and documentation that the Qualified Individual acknowledges this capacity. If an alternate or alternates are identified in the plan, then the plan shall also describe the process by which responsibility will be transferred from the Qualified Individual to an alternate. During spill response activities, notification of such a transfer must be made to the State Incident Commander at the time it occurs.
(3) Each plan shall provide the name, address, telephone number and facsimile number of an agent for service of process designated to receive legal documents on behalf of the plan holder, and documentation that the agent for services of process acknowledges this capacity. Such agent shall be located in California.
(4) Each plan shall identify a Spill Management Team (as defined in Section 815.05(p) of this subchapter), and provide documentation that the Spill Management Team acknowledges this capacity.
(5) Each plan shall contain a copy of the contract or other approved means (as defined in Section 815.05(b) of this subchapter), verifying that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill. Plan holders shall only contract with an OSRO(s) that has received a Rating by OSPR (as specified in Section 819 of this subchapter) for the booming, on-water recovery and storage, and shoreline protection services required. 
(b) Small Marine Fueling Facility Description
(1) Each plan shall describe the small marine fueling facility's design and operations with specific attention to those areas from which an oil spill could occur. This description shall include, at a minimum, the following information:
(A) For small marine fueling facilities (except for those mobile transfer units addressed under Subsection (B) below):
1. a piping and instrumentation diagram, and a tank diagram including the location of pumps, valves, vents and lines; the number, and oil storage capacity of each structure covered under the plan and its age, design, construction and general condition; the range of oil products normally stored in each structure; the presence or absence of containment structures and equipment; and the location of mooring areas, oil transfer locations, control stations, safety equipment, drip pans and the drainage for drip pans;
(B) For mobile transfer units:
1. an instrumentation and tank diagram of the mobile transfer unit tankage and fueling components:
(C) a description of the types, physical properties, health and safety hazards, maximum storage or handling capacity and current normal daily throughput of oil handled. A material safety data sheet (MSDS) or equivalent will meet some of these requirements and can be maintained separately at the small marine fueling facility providing the plan identifies its location;
(D) a description of the normal procedures for transferring oil, and the amount, frequency and duration of the oil transfers; and
(E) the small marine fueling facility's normal hours of operation.
(c) Prevention Measures 
Each plan shall address prevention measures in order to reduce the possibility of an oil spill occurring as a result of an oil transfer. The prevention measures must eliminate or mitigate all the hazards identified in the Risk and Hazard Analysis.
(1) Risk and Hazard Analysis
(A) Each plan shall provide a history of the significant spills from the small marine fueling facility for either the 10 year period prior to the date of plan submittal, or from the date the facility became operational, whichever is shorter. As used in this section, a significant spill is one which had a deleterious impact on the local environment, or caused the physical layout of the facility or the facility's operations procedures to be modified. This information shall include:
1. a written description of sites, equipment or operations with a history of oil spills;
2. the cause and size of any historical spill. The causes to be considered shall include such factors as operator error, or a failure of the system or subsystem from which the spill occurred;
3. a brief summary of the impact of the spills; and
4. a description of the corrective actions taken in response to any and all spills included in the historical data.
(B) Each small marine fueling facility shall conduct a Risk and Hazard Analysis to identify the hazards associated with the operation of the small marine fueling facility, including operator error, the use of the facility by various types of vessels, equipment failure, and external events likely to cause an oil spill.
The owner/operator may use the “What-If Analysis” hazard evaluation method or an equivalent method identified by the American Institute of Chemical Engineers.
(C) The chosen hazard evaluation method must be conducted in accordance with the guidelines established by the American Institute of Chemical Engineers as published in the “Guidelines for Hazard Evaluation Procedures”, second edition, copyright 1992, prepared for The Center For Chemical Process Safety.
1. The plan must include information regarding the expertise of the working group that develops the analysis.
2. The plan must include information that demonstrates to the Administrator that the analysis is appropriate to the small marine fueling facility and adequate according to the published procedures referenced in (C) above.
3. An owner/operator may be found in violation of this section if the Risk and Hazard Analysis does not adequately address the risks posed by the small marine fueling facility.
4. The Administrator may require that an analysis be updated if there are significant changes made to the small marine fueling facility. A significant change, as used in this paragraph, is one that would have an impact on the outcome of the Risk and Hazard Analysis.
5. Additional information regarding the analysis method used or the working group that conducted the analysis shall be made available to the Administrator upon request.
(D) Each plan shall include a summary of the results of the Risk and Hazard Analysis. The summary shall include the following:
1. the hazard analysis method used, and a statement that the analysis is specific to the small marine fueling facility. If the analysis relies on a risk assessment at a similar facility, the summary shall specify how the two facilities are comparable;
2. an inventory of the hazards identified, including the hazards that resulted in the historical spills;
3. an analysis of the potential oil discharges, including the size, frequency, cause, duration and location of all significant spills from the small marine fueling facility as a result of each major type of hazard identified;
4. the control measures that will be used to mitigate or eliminate the hazards identified. The plan shall include timeframes for implementing any control measures that cannot be functional immediately; and
5. a prediction of the potential oil spills that might still be expected to occur after any mitigating controls have been implemented.
(E) All supporting documentation used to develop the Risk and Hazard Analysis summary shall be made available to the Administrator upon request.
(2) Off-Site Consequence Analysis:
For the significant hazards identified in the Risk and Hazard Analysis required under this section, the small marine fueling facility (except for mobile transfer units, as defined in Chapter 1, Section 790 of this subdivision) shall conduct a trajectory analysis to determine the Off-Site Consequences of an oil spill. This analysis shall assume pessimistic water and air dispersion and other adverse environmental conditions such that the worst possible dispersion of the oil into the air or onto the water will be considered. This analysis is intended to be used as the basis for determining the areas and shoreline types for which response strategies must be developed. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans completed by the U.S. Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. If information is available, the plan holder may make reference to that information (i.e., specify where the information can be found) and does not need to duplicate it in the plan. The analysis, which shall be summarized in the plan, shall include at least the following:
(A) a trajectory, or series of trajectories, to determine the potential direction, rate of flow and time of travel of the reasonable worst case oil spill from the small marine fueling facility to marine waters and to the shorelines, including shallow-water environments, that may be impacted. For purposes of this requirement, a trajectory or trajectories (projected for a minimum of 72 hours) that determine the outer perimeter of a spill, based on regional extremes of climate, tides, currents and wind with consideration to seasonal differences, shall be sufficient;
(B) for each probable shoreline that may be impacted, a discussion of the general toxicity effects and persistence of the discharge based on type of product; the effect of seasonal conditions on sensitivity of these areas; and an identification of which areas will be given priority attention if a spill occurs.
(3) Resources at Risk from Oil Spills:
Based on the trajectory of the spilled oil as determined in the Off-Site Consequence Analysis, each small marine fueling facility plan (except for mobile transfer units, as defined in Chapter 1, Section 790 of this subdivision) shall identify the environmentally, economically and culturally sensitive sites that may be impacted. Each plan shall identify and provide a map of the locations of these areas. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans completed by the U.S. Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. If information is available, the plan holder may make reference to that information (i.e., specify where the information can be found) and does not need to duplicate it in the plan.
(A) The map of environmentally sensitive sites shall include:
1. shoreline types and associated marine resources;
2. the presence of migratory and resident marine bird and mammal migration routes, and breeding, nursery, stopover, haul-out, and population concentration areas by season;
3. the presence of aquatic resources including marine fish, invertebrates, and plants including important spawning, migratory, nursery and foraging areas;
4. the presence of natural terrestrial animal and plant resources in marine-associated environments;
5. the presence of state or federally-listed rare, threatened or endangered species;
6. the presence of commercial and recreational fisheries including aquaculture sites, kelp leases and other harvest areas.
(B) The map of the locations of economically and culturally sensitive sites shall include:
1. public beaches, parks, marinas, boat ramps and diving areas;
2. industrial and drinking water intakes, power plants, salt pond intakes, and other similarly situated underwater structures;
3. off-shore oil and gas leases and associated drilling/production platforms;
4. known historical and archaeological sites;
5. areas of cultural or economic significance to Native Americans; and
6. the major waterways and vessel traffic patterns that are likely to be impacted.
(4) Required Prevention Measures
(A) Each small marine fueling facility shall implement all prevention measures to reduce or mitigate the potential hazards identified in the Risk and Hazard Analysis.
(B) In addition, each plan shall include the following:
1. schedules, methods and procedures for testing, maintaining and inspecting hoses, mobile transfer unit tankage and fueling components, and other structures within or appurtenant to the small marine fueling facility, that contain or handle oil which may impact marine waters if a failure occurs. Any information developed in compliance with Title 33 CFR, Part 154; Title 49 CFR, Part 195; and/or Title 5, Division 1, Part 1, Chapter 5.5 of the Government Code may be substituted for all or part of any comparable prevention measures required by this subsection;
2. methods to reduce spills during transfer and storage operations, including overfill prevention measures and immediate spill containment provisions. Any information developed in compliance with Title 2, CCR, Division 3, Chapter 1, Article 5.5; and/or Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection;
3. procedures to assure clear communication among all the parties involved during transfer operations. Any information developed in compliance with Title 2, CCR, Division 3, Chapter 1, Article 5.5; Title 14, CCR, Division 1, Subdivision 4, Chapter 3, Subchapter 6; and/or Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection;
4. the plan holder shall provide additional relevant information to the Administrator upon request.
(d) Containment Booming and On-Water Recovery
Each plan holder must a contract or other approved means for containment booming and on-water recovery response resources up to their Response Planning volume for all potential oil spills from the small marine fueling facility. To determine the amount of response resources for containment booming and on-water recovery, each plan holder must calculate a Response Planning Volume as outlined below:
(1) Reasonable Worst Case Spill 
To calculate the Response Planning Volume, it is first necessary to determine the reasonable worst case spill size as follows:
(A) For small marine fueling facilities (except for mobile transfer units which are addressed in Subsection (B) below):
1. the amount of additional spillage that could reasonably be expected to enter California marine waters during emergency shut-off, transfer or pumping operations if each hose or pipeline ruptures or becomes disconnected, or if some other incident occurs which could cause or increase the size of an oil spill. The spillage shall be calculated as follows: the maximum time to discover the release from the pipe or hose in hours, plus the maximum time to shut down flow from the pipe or hose in minutes or hours (based on historic discharge data or the best estimate in absence of historic discharge data for the facility) multiplied by the maximum flow rate expressed in barrels per hour (based on the maximum relief valve setting or maximum system pressure when relief valves are not provided) plus the total linefill drainage volume expressed in barrels. 
(B) For mobile transfer units:
1. the total tank storage capacity.
(C) The calculations, and such parameters as flow rates, linefill capacities and emergency shutoff times, that are used to determine a small marine fueling facility's reasonable worst case spill shall be submitted as part of the plan. The Administrator may review and test these parameters as part of the drill conducted in accordance with Subsection 816.03(b).
(2) Persistence and Emulsification Factors
(A) The reasonable worst case spill volume is then multiplied by a persistence factor relative to the most persistent type of oil that may be spilled. The persistence factors are specified below:

View Graphic
(B) Emulsification Factors
The volume determined from the calculation in Subparagraph (A) is then multiplied by one of the following emulsification factors, again, based on the type of oil.

View Graphic
(C) Response Planning Volume 
The total determined by the above calculation is a Response Planning Volume.
1. The Response Planning Volume is used to determine the amount of Response Equipment and Services that must be under contract.
2. All calculations used to determine the Response Planning Volume shall be included in the plan.
(3) Response Capability Standards 
The standards set forth in this section may not reflect the exigencies of actual spill response. However, these are the standards that must be used to determine the amount of equipment and personnel that must be under contract or other approved means. Response resources in addition to those under contract must be identified, and a call-out procedure in place to access this equipment, if the small marine fueling facility has a spill that exceeds these planning standards. The owner/operator is ultimately responsible for addressing the entire volume of an actual spill regardless of the planning standards.
(A) Total Response Resources Required
1. The total amount of on-water containment and recovery equipment and services required shall be the amount necessary to address the Response Planning Volume determined in Sections 817.03(d)(1) & (2) as follows:
i. sufficient on-water containment and recovery equipment and services to respond to 50% of the calculated Response Planning Volume within two hours of notification.
ii. sufficient on-water containment and recovery equipment and services to respond to the remaining 50% of the calculated Response Planning Volume within 12 hours of notification.
2. The timeframes for equipment delivery and deployment as specified in this subsection do not take into account the time required to conduct a health and safety assessment of the site as set forth in Subsection 817.03(f)(5), and as required by the California Occupational and Safety Administration. In addition, these timeframes do not account for delays that may occur due to weather or seastate. The actual time necessary to deliver and deploy equipment will be assessed at the time of an incident or a drill and will take into account the prevailing conditions of weather and seastate, as well as the site assessment requirements.
(4) Transfer Operations 
Each plan shall demonstrate that the small marine fueling facility, not including mobile transfer units, owns or has access to sufficient and appropriate boom, trained personnel and equipment, maintained in a stand-by condition, such that at least 600 feet of boom can and will be deployed for the most effective containment immediately, but no longer than 30 minutes after the discovery of a spill. Additionally, each plan holder shall identify the equipment, personnel and procedures such that an additional 600 feet of boom can and will be deployed within one hour for the most effective containment in the event of an oil spill. Response resources owned or under contract to the small marine fueling facility or vessel engaged in oil transfer operations may be used to meet these requirements.
(5) On-Water Response Equipment and Services
(A) Each plan shall demonstrate that the small marine fueling facility owns or has under contract or other approved means (as defined in Section 815.05(b) of this subchapter), access to all the necessary equipment, services, and personnel to comply with the Response Capability Standards established in Subsection 817.03(d). The amount of response equipment required shall take into account the effective daily recovery capacity (as defined in Chapter 1, Section 790 of this subdivision) of the oil recovery equipment.
(B) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the geography, bathymetry, water depths, tides, currents and other local environmental conditions. For those areas that require shallow-water response capability (refer to the relevant U.S. Coast Guard Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 815.05 of this subchapter) and for adequate booming and other shoreline protective resources to be owned or under contract or other approved means and available to respond to provide shoreline protection of all sensitive sites identified in the trajectory analysis conducted as part of the Off-site Consequence Analysis. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified.  To the extent that the following information is provided by a Rated OSRO, evidence of a contract or other approved means with a Rated OSRO will suffice:
1. the location, inventory and ownership of the equipment to be used to fulfill the response requirements of this subchapter;
2. the type and capacity of storage and transfer equipment matched to the skimming capacity of the recovery systems;
3. the manufacturer's rated capacities and the operational characteristics for each major item of oil recovery equipment;
4. the effective daily recovery capacity (as defined in Chapter 1, Section 790 of this subdivision) for each major piece of on-water recovery equipment listed, as well as the effective daily recovery capacity for the skimming systems as a whole.
i. A request may be submitted to the Administrator to review the effective daily recovery capacity for a piece of equipment if it can be shown that the equipment has a different capacity than the derating factor allows.
ii. The Administrator's decision regarding a change in the effective daily recovery capacity for a piece of equipment will be issued as soon as administratively feasible.
5. vessels designated for oil recovery operations, including skimmer vessels and vessels designed to tow and deploy boom and availability of shallow-draft vessels;
6. procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator;
(e) Shoreline Protection and Clean-up
Each plan must provide for shoreline protection and clean-up of all potential spills from the small marine fueling facility. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified.
(f) Response Procedures
(1) Each plan shall describe the organization of the small marine fueling facility's spill response management team. An organizational diagram depicting the chain of command shall also be included. Additionally, the plan shall describe the method to be used to interface the plan holder's organization into the State Incident Command System and/or the Unified Command Structure as required by Title 8, California Code of Regulations, Subsection 5192(q)(3)(A).
(A) The plan holder may utilize the procedures outlined in the appropriate Federal Area Contingency Plan when describing how the small marine fueling facility's chain of command will interface with the State Incident Command System which utilizes the Unified Command Structure.
(2) Each plan shall describe how the plan holder will provide emergency services before the arrival of local, state or federal authorities on the scene, including:
(A) procedures to control fires and explosions, and to rescue people or property threatened by fire or explosion;
(B) procedures for emergency medical treatment and first aid;
(3) Each plan shall include a checklist, flowchart or decision tree depicting the procession of each major stage of spill response operations from spill discovery to completion of clean-up. The checklist, flowchart, or decision tree shall describe the general order and priority in which key spill response activities are performed.
(4) Each plan shall describe equipment and procedures to be used by small marine fueling facility personnel to minimize the magnitude of a spill and minimize structural damage which may increase the quantity of oil spilled.
(A) Spill mitigation procedures shall include immediate containment strategies, methods to stop the spill at the source, methods to slow or stop leaks, and methods to achieve immediate emergency shutdown.
(5) Prior to beginning spill response operations and/or clean-up activities, a Site Safety Plan must be completed. Each Site Safety plan shall describe the procedures to be used for the development of the Site Safety Plan required pursuant to Title 8, Section 5192(b)(4)(B) of the California Code of Regulations.
(g) Notification Procedures
(1) Each plan shall include a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. The plan shall:
(A) detail the procedures for reporting oil spills to all appropriate local, state, and federal agencies;
(B) identify a central reporting office or individual who is responsible for initiating the notification process and is available on a 24-hour basis. The individual making this notification must be fluent in English. The following information must be provided:
1. the individual or office to be contacted;
2. telephone number or other means of contact for any time of the day; and
3. an alternate contact in the event the individual is unavailable.
(C) establish a clear order of priority for notification.
(2) Immediate Notification 
Nothing in this section shall be construed as requiring notification before response.
(A) Each plan shall include a procedure for contacting the OSRO, or other initial response resources if an OSRO is not being used, immediately, but no longer than 30 minutes, after the discovery of a discharge of oil or threatened discharge of oil.
(B) Each plan shall include a procedure that ensures that the owner/operator or his/her designee will initiate contact with the Qualified Individual, the California Emergency Management Agency and the National Response Center immediately, but no longer than 30 minutes, after discovery of a discharge of oil or threatened discharge of oil.
(C) All phone numbers necessary to complete the immediate notification procedures must be included in the response manual.
(3) Each plan shall identify a call-out procedure to acquire the resources necessary to address spills that cannot be addressed by the equipment that the owner/operator owns or has under contract. Procedures must allow for initiation of the call-out within 24 hours of the incident and must begin as soon as a determination has been made that additional resources are necessary.
(4) Each plan shall provide a checklist of the information to be reported in the notification procedures, including but not limited to:
(A) small marine fueling facility name and location;
(B) date and time of the incident;
(C) the cause and location of the spill;
(D) an estimate of the volume of oil spilled and the volume at immediate risk of spillage;
(E) the type of oil spilled, and any inhalation hazards or explosive vapor hazards, if known;
(F) the size and appearance of the slick;
(G) prevailing weather and sea conditions;
(H) actions taken or planned by personnel on scene;
(I) current condition of the small marine fueling facility;
(J) injuries and fatalities; and
(K) any other information as appropriate.
(5) Reporting of a spill as required by Subsection 817.03(g)(2) shall not be delayed solely to gather all the information required by Subsection 817.03(g)(4).
(6) An updated estimate of the volume of oil spilled and the volume at immediate risk of spillage shall be reported to the California Emergency Management Agency whenever a significant change in the amount reported occurs, but not less than every 12 hours within the first 48 hours of response. The State Incident Commander and/or the Federal On-Scene Coordinator through the Unified Command shall have the option of increasing or decreasing this timeframe, as needed. Updated spill volume information included in the Incident Action Plan developed through the Unified Command will meet the requirements of this subsection.
(h) Temporary Storage and Waste Management
(1) Each plan shall identify sufficient temporary storage for all recovered oil or all oily waste, and identify facilities that would be able to accept the recovered oil or oily waste for recycling or other means of waste management. Sufficient storage shall be no less than two times the calculated Reasonable Worst Case Spill volume as determined in Section 817.03(d)(1).
(2) Each plan shall identify the party that shall maintain responsibility for recovered oil and oily waste for the purposes of temporary storage.
(3) Each plan shall describe site criteria and methods used for temporary storage of recovered oil and oily wastes generated during response and clean-up operations, including sites available within the small marine fueling facility or near the spill area.
(4) Each plan shall identify all applicable permits, and all federal, state and local agencies responsible for issuing those permits for transit, temporary storage and ultimate waste management of all wastes likely to result from an oil spill.
(5) Each plan shall include information which could expedite the state approval process for the use of temporary waste storage sites, including a list of appropriate contacts and a description of procedures to be followed for each approval process.
(i) Oiled Wildlife Care Requirements 
Each plan shall describe how oiled wildlife care will be provided by one of the following approved means:
(1) Utilize the California Oiled Wildlife Care Network (OWCN) to meet oiled wildlife care requirements: or
(2) describe procedures that clearly outline how oiled wildlife care will be provided. The equipment, facilities, and personnel necessary to implement these procedures must be identified and assured by contract for each Geographic Area covered by the plan. Standards and written protocols for wildlife care must comply with all applicable State and federal laws.
(j) Training
(1) Each plan shall provide that all appropriate personnel employed by the small marine fueling facility shall receive training in the use and operation of oil spill response and clean-up equipment. The plan shall describe:
(A) the type and frequency of training that each individual in a spill response position receives to achieve the level of qualification demanded by their job description;
(2) Each plan shall describe the type and frequency of personnel training on methods to reduce operational risks. The description of the training shall include, if applicable, the following:
(A) any established training objectives that address potential spill sources and causes that were identified in the Risk and Hazard Analysis.
(B) the means of achieving any established training objectives, such as:
1. a training schedule, including adequate frequency, (e.g., initial training upon hire and annual refresher training) and type of training (workshops, classroom, videotape, on-the-job training, etc.) for each position trained;
(C) any licenses, certifications or other prerequisites required to hold particular jobs.
(D) A plan holder whose small marine fueling facility is subject to and in compliance with State Lands Commission training regulations; Title 2, Division 3, Chapter 1, Article 5.3, CCR Sections 2540 through 2548, shall be considered in compliance with the training provisions of this subsection.
(3) Each plan shall provide for safety training as required by state and federal health and safety laws for all personnel likely to be engaged in oil spill response, including a program for training non-permanent responders such as volunteers or temporary help.
(4) The small marine fueling facility owner/operator shall ensure that training records are maintained for three years. All such documentation must be made available to the Administrator upon request.
(k) Drills and Exercises
(1) Each plan shall describe the small marine fueling facility's drill and exercise program that meets the requirements of Section 820.01(a) to ensure that the elements of the plan will function in an emergency. 
(2) Drills shall be designed to exercise either individual components of the plan or the entire response plan. Such drills, individually or in combination, shall ensure that the entire plan is exercised at least once every three years.
NOTE

Authority cited: Sections 8670.7, 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.7, 8670.10, 8670.25.5, 8670.28, 8670.29, 8670.30, 8670.31 and 8670.37.51, Government Code.
HISTORY

1. New section filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
2. Change without regulatory effect amending subsections (f)(1) and (j)(2)(D) and amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
3. Amendment of subsection (a)(4) and amendment of Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
4. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
5. Amendment of subsection (d)(3)(A)2., repealer of subsections (f)(5)-(f)(5)(B), subsection renumbering and amendment of subsections (g)(2)(B) and (g)(6) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§818. Tank Vessel Contingency Plans.
History

HISTORY

1. New heading filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Editorial correction of section heading (Register 95, No. 41).
3. Amendment of heading filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
§818.01. Applicability.
Note     •     History

(a) Plans
Unless tank vessels are exempt as provided in Subsection (b) below, oil spill contingency plans shall be prepared, submitted and used pursuant to the requirements of this section by all tank vessels which transit in the marine waters (as defined in Section 815.05 of this subchapter) of California, or conduct business in the state. Business in the state would include such transactions as lightering operations off the coast of California.
(b) Exemptions
(1) This subchapter shall not apply to a tank vessel that enters the marine waters of the state because of imminent danger to the crew, or in an effort to prevent an oil spill or other harm to public safety or the environment. This exemption applies if the following are met:
(A) the operator and crew comply with all orders given by the Administrator or his/her designee, unless the orders are contradicted by orders from the U.S. Coast Guard;
(B) except for fuel, oil may be transferred to or from the tank vessel only if permission is obtained from the Administrator and one of the following conditions is met;
1. the transfer is necessary for the safety of the crew; or
2. the transfer is necessary to prevent harm to public safety or the environment; or
3. a contingency plan is approved or made applicable to the tank vessel.
(C) the tank vessel shall leave the marine waters of the state as soon as it is safe to do so, unless a contingency plan is approved or made applicable to its operation.
(2) Operation Without a Plan
(A) A tank vessel may enter marine waters without an approved contingency plan if the Administrator approves entrance under the plan of the terminal or tanker that is the destination of the tank vessel. The Administrator's approval can be communicated by telephone or facsimile and is subject to the following:
1. the operator of the terminal or tanker provides the Administrator with advance written assurance that the operator assumes full responsibility for the tank vessel while it is traveling to or from the terminal or tanker. Such assurance may be delivered by hand, by mail or by facsimile. If delivered by facsimile the original must follow;
2. the contingency plan includes all conditions pertinent to a tank vessel;
3. the tank vessel meets all the requirements of the terminal or tanker's contingency plan; and,
4. the tank vessel has not made a similar entrance into marine waters in the preceding 12 month period.
(B) A tank vessel in marine waters pursuant to Subsection 818.01(b)(2) shall be operated in accordance with the tank vessel's operations manual. In the event of an oil spill, the tank vessel operator shall comply with the directions of the Administrator and the applicable contingency plan of the terminal or tanker.
(3) Response Vessels
Contingency plans are not required for dedicated response vessels, which are those vessels that are dedicated to conducting response activities for an oil spill incident exclusively.
(4) Innocent Passage
Contingency plans are not required for vessels engaged in innocent passage (as defined in Section 815.05 of this subchapter) within the marine waters of California.
NOTE

Authority cited: Section 8670.28, Government Code. Reference: Sections 8670.30, 8670.33, and 8670.34, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment of section and Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Change without regulatory effect amending subsection (a) and amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
4. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
§818.02. Tank Vessel Plan Content (Except for Those Vessels Carrying Oil As Secondary Cargo Addressed in Section 818.03 of This Subchapter).
Note     •     History

To the degree the information required by Subsections 818.02(b) through (m) exists elsewhere, copies of the pre-existing information may be submitted. If the information provided is not sufficient to meet the requirements of this subchapter, additional information may be requested by the Administrator.
(a) Introductory Material
(1) Each plan shall provide the following information for each tank vessel covered by the plan:
(A) the tank vessel's name, country of registry, year built, classification society, radio call sign, and Lloyd's IMO identification number. For U.S. flagged (registered) tank vessels without a Lloyd's IMO identification number, the vessel's official number (also known as the document number) shall be used;
(B) name, address, phone number, fax number and e-mail address, of the owner and/or operator of the tank vessel(s). This information shall be referenced in the plan title or on a title page at the front of the plan;
(C) the name, address, phone number, fax number and e-mail address, of the person to whom correspondence should be sent;
(D) the tank vessel's classification, hull type, gross registered tonnage (GRT), maximum cargo amounts, length, draft and beam;
(E) a certification statement signed under penalty of perjury by an executive within the plan holder's management who is authorized to fully implement the oil spill contingency plan, who shall review the plan for accuracy, feasibility, and executability. If this executive does not have training, knowledge and experience in the area of oil spill prevention and response, the certification statement must also be signed by another individual within the plan holder's management structure who has this requisite training, knowledge, and experience. The certification shall be submitted according to the following format;

	“I certify, to the best of my knowledge and belief, under penalty of perjury under the laws of the State of California, that the information contained in this contingency plan is true and correct and that the plan is both feasible and executable.”
		(signature), (title), (date);
(F) the California Certificate of Financial Responsibility (COFR) number for the tank vessel(s) covered by the plan shall be included in the front of the plan, or for fleet plans shall be listed separately in a subsection of the plan.
(2) Each plan shall identify a Qualified Individual, as defined in Chapter 1, Section 790 of this subdivision, and any alternates that may be necessary for the purpose of implementing the plan. If the plan holder contracts for this service, documentation that the Qualified Individual or company, and any identified alternates, acknowledge this capacity shall be included in the plan. If an alternate or alternates are identified in the plan, then the plan shall also describe the process by which responsibility will be transferred from the Qualified Individual to an alternate. During spill response activities, notification of such a transfer must be made to the State Incident Commander at the time it occurs.
(3) Each plan shall provide the name, address, telephone number and facsimile number of an agent for service of process designated to receive legal documents on behalf of the plan holder. If the plan holder contracts for this service, documentation that the agent for services of process acknowledges this capacity shall be included in the plan. Such agent shall be located in California.
(4) Each plan shall identify a Spill Management Team (as defined in Section 815.05(p) of this subchapter). If the plan holder contracts for this service, documentation that the Spill Management Team acknowledges this capacity shall be included in the plan.
(5) Each plan shall contain a copy of the contract or other approved means (as defined in Section 815.05(b) of this subchapter), verifying that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill. This requirement can be met by a copy of the basic written agreement with an abstract of the recovery and/or cleanup capacities covered by the contract. Plan holders shall only contract with an OSRO(s) that has received a Rating by OSPR (as specified in Section 819 of this subchapter) for the booming, on-water recovery and storage, and shoreline protection services required. 
(b) Tank Vessel Description
(1) Each plan shall describe the tank vessel's design and operations with specific attention to those areas from which a spill could reasonably be expected to impact the marine waters of California. This description shall include, at a minimum, the following information:
(A) general arrangement and tank diagrams, including the capacity of each cargo and fuel tank. Information regarding the age, design, and construction of the tank vessel shall be provided.
(B) a description of the types, physical properties and the health and safety concerns of the oil or product carried. A material safety data sheet (MSDS) or equivalent will meet these requirements and can be maintained separately aboard the tank vessel providing the plan identifies its location.
(c) Prevention Measures
(1) Each plan holder shall take all appropriate prevention measures designed to reduce the possibility of an oil spill occurring as a result of collisions, groundings, explosions or operator error during the operation of the tank vessel. These prevention measures shall include, but not be limited to, the following:
(A) documented safe practices in ship operations and a safe working environment;
(B) safeguards against all identified risks and hazards;
(C) properly documented and updated procedures related to safety and pollution prevention;

(D) 	ensuring personnel are qualified, medically fit and hold proper licenses;
(E) ensuring personnel know how to operate emergency equipment;
(F) ensuring personnel are trained in emergency preparedness (e.g., fire and boat drills, oil spill response, etc.);
(G) appropriate system monitoring duties are performed;
(H) proper preventive maintenance, inspection and testing of equipment or systems, the failure of which could result in a hazardous situation. This includes, but is not limited to, emergency equipment, cargo system integrity, alarms and emergency shutdowns, oil transfer system integrity, and oily water separator;
(I) internal and external audits to verify compliance of actual practice with documented systems, and to assure continuous review and improvement of safety and pollution prevention systems and processes.
(2) Submitting the following documents as appropriate, and maintaining compliance with the state requirements cited in (c)(1)(C) above, will be considered a demonstration of compliance with this subsection (c):
(A) As applicable, the owner/operator shall either submit a Certificate Of Inspection (COI) issued by the U.S. Coast Guard, or a summary of certificates issued by a member of the International Association of Classification Societies of the most recent tank vessel inspection, or verify that the tank vessel has such a certificate or summary and that the certificate or summary is available for review.
(B) The owner/operator shall also submit a valid Safety Management Certificate (SMC) for each vessel covered by the plan, as well as a Document of Compliance (DOC) to demonstrate compliance with the performance elements in the International Safety Management (ISM) Code subject to IMO Resolution A.741(18), or shall submit proof of compliance with the American Waterways Operators (AWO) Responsible Carrier Program, if applicable. 
(C) Where a plan holder's tank vessel is engaged in transfer operations at a facility subject to Public Resources Code 8755, and the plan holder is in compliance with State Lands Commission regulations for oil transfer operations, the plan holder shall be considered in compliance with rules and regulations for the prevention of oil spills at marine terminals.
(d) Planning for the Location of Response Resources
The owner/operator must be prepared to respond to a spill anywhere within the marine waters of California where the tank vessel transits. To determine the regions in which response equipment and personnel must be available, the owner/operator shall include in the plan a description of the vessel's normal routes of travel including a list of each of the six Geographic Regions that the vessel transits along these routes. OSPR has developed Shoreline Protection Tables (SP Tables, see Section 790, incorporated by reference herein and posted on OSPR's website) for vessel traffic in California's marine waters. Owners/operators shall meet the response resource and time frame requirements from the appropriate SP Tables when contracting for shoreline protection services.
(e) Containment Booming and On-Water Recovery
Each plan holder must provide a contract or other approved means for containment booming and on-water recovery response resources up to their Response Planning Volume for all potential spills from the tank vessel that could reasonably be expected to impact the marine waters of California. Each plan must demonstrate response resources sufficient to address potential spills in each Geographic Response Plan Area (GRA) if available, or Geographic Region through which the tank vessel may transit. (GRA's are geographic subdivisions of ACP areas). To determine the amount of response resources for containment booming and on-water recovery, each plan holder must calculate a Response Planning Volume as outlined below:
(1) Reasonable Worst Case Spill
To calculate the Response Planning Volume, it is first necessary to determine the reasonable worst case spill for each tank vessel. The reasonable worst case spill is calculated as 25% of the tank vessel's total cargo capacity.
(2) Persistence and Emulsification Factors
(A) The reasonable worst case spill volume is then multiplied by a persistence factor relative to the most persistent type of oil that each tank vessel carries over the marine waters of California. The persistence factors are specified below:

View Graphic
(B) Emulsification Factors
The volume determined from the calculation above is then multiplied by one of the following emulsification factors, again, based on the type of oil.

View Graphic
(C) Response Planning Volume
The total determined by this calculation is a Response Planning Volume.
1. The Response Planning Volumes to be used to determine the amount of equipment and services that must be under contract or other approved means, shall be the greater of the amount necessary to address the Response Planning Volume as calculated in Subsections 818.02(e)(1)-(2) or the Planning Volume for On-water Recovery for Inland/Nearshore Environment calculated for the vessel's federal response plan prepared pursuant to 33 CFR, Part 155, Appendix B. The Planning Volume for On-water Recovery is the Adjusted Volume from the federal calculations determined prior to establishing response tiers utilizing the mobilization factors;
2. the calculations used to determine the Response Planning Volume shall be included in the plan.
(3) Response Capability Standards
The equipment and personnel necessary to address the Response Planning Volume is brought to the scene of the spill over a period of time. The timeframes are dependent upon the GRA or Geographic Region in which the tank vessel transits and is specified in the tables in this subsection.
The standards set forth in this section are only planning standards and may not reflect the exigencies of actual spill response. However, these are the standards that must be used to determine the amount of equipment and personnel that must be under contract or other approved means. Response resources in addition to those under contract must be identified and a call-out procedure in place to access this equipment if the tank vessel has a spill that exceeds the Response Planning Volumes. The owner/operator is ultimately responsible for addressing the entire volume of an actual spill regardless of the planning volume.
(A) On-Water Daily Recovery Rates and Containment Boom Amounts
1. The total amount of on-water recovery equipment and services required shall be the lesser of the amount necessary to address the Daily Recovery Rates established in Subsection 818.02(e)(3)(B) below or the Response Planning Volume determined in Subsection 818.02(e)(2)(C).
2. The amount of response resources and the timeframes for delivery are specified in Subsection 818.02(e)(3)(B)(4) below. The barrels per day capability figure is the total amount of on-water recovery equipment that must be at the scene of the spill at the hour specified which is measured from the time of notification, as described in this subchapter. All on-water recovery response resources shall be capable of being deployed and operable within one hour of arrival at the scene of the spill or drill but no later than the designated timeframe for each risk zone.
3. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the geography, bathymetry, water depths, tides, currents and other local environmental conditions. For those areas that require shallow-water response capability (refer to the relevant U.S. Coast Guard Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 815.05 of this subchapter) to be owned or under contract or other approved means. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified.
4. The timeframes for equipment delivery and deployment as specified in this Subsection do not take into account the time required to conduct a health and safety assessment of the site as set forth in Subsection 818.02(g)(8), and as required by the California Occupational and Safety Administration. In addition, these timeframes do not account for delays that may occur due to weather or seastate. The actual time necessary to deliver and deploy equipment will be assessed at the time of an incident or a drill and will take into account the prevailing conditions of weather and seastate, as well as the site assessment requirements.
(B) Daily Recovery Rate

View Graphic
i. At the facility/transfer points within facility transfer areas or during transfers at anchorage designations within the High Volume Ports, there must be 3,125 barrels/day, or 10% of the vessel's cargo capacity, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification. If a facility/transfer point within a High Volume Port maintains and can immediately deploy containment equipment for a 3,125 barrel spill, or 10% of the vessel's cargo capacity, whichever is less, the initial on-water recovery capability can be on-scene within three hours rather than two hours.
The 2,000 feet of containment boom is required within one-half (1/2) mile of identified Oil Pollution Risk Areas (OPRAs), which are found at the following latitude/longitude locations:
For the San Francisco Bay/Sacramento-San Joaquin Delta:
Suisun Bay-Bencia Bridge: 38 2.5N; 127 7.5W
Carquinez Bridge: 38 3.6N; 122 13.6W
Deep Water Channel: 38 2.5N; 122 21.9W
San Pablo Bay-Richmond/San Rafael Bridge: 37 56.1N; 122 26.8W
San Francisco Central Bay: 37 50.5N; 122 26.0W
San Francisco Bay Bridge: 37 47.9N; 122 22.6W
South Bay -- Oakland/Anchorage 9: 37 41.5N; 122 16.2W
San Mateo Bridge: 37 35.1N; 122 15.0W
For the Los Angeles/Long Beach Harbor:
LA/Long Beach Queens Gate: 33 43.4N; 118 10.9W
ii. Tank vessels that transit: 1) inward of the inland line of demarcation as described in 33 CFR, Section 80.1142 for San Francisco harbor, and 2) inwards of a six nautical mile radius of Long Beach Light (LLNR 3025) [33-43.4N, 118-11.2W] outside the entrance to the Los Angeles/Long Beach Harbors on the Los Angeles and Long Beach Harbor Chart #18751, shall have the initial 13,280 bbls/day on-water recovery capability at the scene of the spill within four hours; and the initial 23,437 bbls/day on-water recovery capability at the scene of the spill within six hours;
(C) Sufficient containment equipment shall be brought to the scene of the spill to address the Daily Recovery Rates as designated in Subsection 818.02(e)(3)(B).
(D) The standards set forth in Subsection 818.02(e)(3)(A)(4), were increased by a factor of 25% on July 1, 1997, and again on July 1, 2001. It was determined that this increase was feasible and necessary to meet the best achievable protection of the coast.
(E) The standards set forth in Subsection 818.02(e)(3)(A)(4) will be reviewed by the Administrator to determine if increases to these amounts are feasible and necessary in order to meet the best achievable protection of the coast The Administrator shall conduct a review and hold a public hearing prior to confirming the new standards to solicit input regarding the necessity of the proposed increase and any credits that may be allowed.
(4) Movement of Response Resources
There may be times when it is necessary to move response equipment from one risk zone to another in order to respond to a catastrophic oil spill. However, the Administrator needs to ensure that sufficient response resources are available to address a reasonable risk within each zone. Therefore, when equipment is needed from one risk zone which may impact the plan holder's on-water containment and recovery at the 6 hour level, the plan holder or OSRO shall make a request to the Administrator to temporarily reduce the Response Capability Standards set forth in (e)(3) above, before the equipment can be moved. The Administrator shall only grant such a request after determining that sufficient response resources are available to address a reasonable risk within the zone from where the response equipment is being considered for removal.
(5) On-Water Response Equipment and Services
(A) Each plan shall demonstrate that the tank vessel owner/operator has under contract or other approved means (as defined in Section 815.05(b) of this subchapter), access to all necessary response resources to comply with the Response Capability Standards for containment booming and on-water recovery established pursuant to Subsection 818.02(e)(3). The amount of response equipment required will take into account the effective daily recovery capacity (as defined in Chapter 1, Section 790 of this subdivision) of the equipment.
(B) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the geography, bathymetry, water depths, tides, currents and other local environmental conditions. For those areas that require shallow-water response capability (refer to the relevant U.S. Coast Guard Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 815.05 of this subchapter) to be owned or under contract or other approved means. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified. To the extent that the following information is provided by a Rated OSRO, evidence of a contract or other approved means with a Rated OSRO will suffice:
1. the location, inventory and ownership of the equipment to be used to fulfill the response requirements of this subchapter;
2. a complete inventory of any nonmechanical response equipment and supplies, including the type and toxicity of each chemical agent, with procedures for storage and maintenance;
3. the manufacturer's rated capacities and operational characteristics for each major item of oil recovery equipment;
4. the type and capacity of storage and transfer equipment matched to the skimming capacity of the recovery systems;
5. the effective daily recovery capacity (as defined in Chapter 1, Section 790 of this subdivision) for each major piece of on-water recovery equipment listed, as well as the effective daily recovery capacity for the skimming systems as a whole.
i. A request may be submitted to the Administrator to review the effective daily recovery capacity for a piece of equipment if it can be shown that the equipment has a different capacity than the derating factor allows.
ii. The Administrator's decision regarding a change in the effective daily recovery capacity for a piece of equipment will be issued as soon as administratively feasible.
6. vessels designated for oil recovery operations, including skimmer vessels and vessels designed to tow and deploy boom, and availability of shallow-draft vessels;
7. vessels of opportunity reasonably available for oil spill recovery operations, including availability of shallow-draft vessels, procedures to equip the vessels, inventory equipment, and train personnel;
8. procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator;
9. sufficient equipment to track the movement of discharged oil including aerial surveillance sufficient to direct skimming operations.
10. Each plan shall describe the personnel available to respond to an oil spill, including:
i. a list by job category including a job description for each type of spill response position needed as indicated in the spill response organization scheme;
ii. a match between personnel by job category, and the equipment proposed for use (including equipment appropriate for shallow-water environments), including the plan for mobilization of such personnel; and
iii. sufficient personnel to maintain a response effort of at least 14 days.
11. Each plan shall describe procedures for the transport of required equipment, personnel and other resources to the spill site. The description shall include plans for alternative procedures during adverse environmental conditions. Adverse environmental conditions to be considered shall include:
i. adverse weather;
ii. sea states, tides, winds and currents;
iii. presence of debris or other obstacles; and
iv. any other known environmental conditions that could restrict response efforts.
(C) A list of the spill management personnel (company name if applicable) and their relevant qualifications including a discussion of spill response training and experience, regulatory awareness and compliance, and supervision.
(D) Any equipment and personnel identified in the plan must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventuality must be taken into account in relying upon these resources.
1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair. Major equipment is that which, if moved, would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs.
2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. Backup equipment may be provided from the owner's own inventory, or may be made available from another responder.
3. A plan shall remain valid during the time that equipment has been removed from service for maintenance or repair.
(E) Tank vessels that carry Group 5 oils must contract with one or more Rated OSRO(s) to address the Response Planning Volumes. Such equipment shall include, but is not limited to the following:
1. sonar, sampling equipment, or other methods for locating the oil on the bottom or suspended in the water column;
2. containment boom, sorbent boom, silt curtains, or other methods to reduce spreading on the bottom;
3. dredges, pumps, or other equipment necessary to recover oil from the bottom;
4. equipment necessary to assess the impact of such discharges; and
5. any other appropriate equipment necessary to response to a discharge involving a group 5 oil.
(F) The plan holder may propose the use of non-mechanical methods for response operations which may include dispersants, in-situ burning, coagulants, bioremediants, or other chemical agents. The use of any non-mechanical method for response must be done in accordance with provisions of the California Oil Spill Contingency Plan, the National Contingency Plan, the applicable Regional Area Contingency Plan, and all applicable State laws and regulations.
If a non-mechanical method of response is proposed, the plan shall include:
1. methods of deployment or application;
2. for use of chemical agents, a description of the specific mechanisms in place to assess the environmental consequences of the chemical agent. This shall include the mechanism for continuous monitoring of environmental effects for the first three days after initial application, and periodic monitoring thereafter until the agent is inert or no longer operative;
3. identification of all permits, approvals or authorizations needed to allow the use of chemical agents or non-mechanical methods, and the timeline for obtaining them;
4. a plan for protecting resources at risk, areas of public concern and the public from any adverse effects of the non-mechanical methods used;
5. the projected efficacy of each type of non-mechanical method proposed for use taking into account the type of spilled material and the projected environmental conditions of the potential spill site; and
6. upon request, the plan holder shall provide any test results known to the plan holder which assess the environmental impacts of applying these methods in the marine environment.
(G) The plan shall describe methods for tracking the movement of the discharged oil; and 
(H) The plan shall include a list of location of the weather stations to be used for observations of winds, currents and other data at the time of a spill that may assist in making real- time projections of spill movement.
(f) Shoreline Protection 
Each plan must provide for shoreline protection in the Geographic Response Plan Areas (GRA) or Geographic Regions the tank vessel may transit. Each plan shall demonstrate through contracts(s) or other approved means, the response resources necessary to protect each type of shoreline and all applicable environmentally and culturally sensitive sites in the time frames required, as outlined in the appropriate SP Table (dated July 17, 2006), incorporated by reference herein. The Tables representing High Volume port areas (i.e., the San Francisco and Los Angeles/Long Beach Tables) will go into effect on May 1, 2007; all other Tables will go into effect on September 1, 2007. The SP Tables shall be reviewed and updated as needed (e.g., to reflect updates to the ACPs, etc.). Updates to the SP Tables will be processed by OSPR staff using the procedures outlined in the Administrative Procedure Act.
(1) Percentages of Dedicated Shoreline Protection Resources
The following table lists the applicable percentage of dedicated shoreline protection boats and staff that are required for each Geographic Region:

	Geographic Region	% DEDICATED RESOURCES FOR
	(also known as ACP Area) 	SHORELINE PROTECTION

	1	50% dedicated boats and staff
	2	75% dedicated boats and staff
	3	0% (non-dedicated boats and staff allowed)
	4	0% (non-dedicated boats and staff allowed)				*For Port Hueneme only, 75% dedicated 
		boats and staff required
	5	75% dedicated boats and staff
	6	50% dedicated boats and staff
			
(A) An owner/operator may propose alternatives to what is listed in the SP Tables for boats and staff only. The proposal may be tested by the Administrator anytime prior or subsequent to plan approval.
(B) Each plan shall have under contract or other approved means sufficient personnel to implement the shoreline protection strategies in the time frames required from the appropriate SP Tables, who are to remain on scene until demobilized by the State Incident Command or the Unified Command. For planning purposes, this shall include procedures to obtain sufficient personnel to maintain a response effort of at least 14 days.
(C) Any equipment and personnel identified to meet the contingency plan requirements must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventuality must be taken into account in relying upon these resources.
1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair, if such movement would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs.
2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. Backup equipment may be provided from the owner's own inventory, or may be made available from another responder.
3. A plan shall remain valid during the time that equipment has been removed from services for maintenance or repair if the Administrator has not disapproved such removal within 24 hours of notification.
4. The equipment owner shall notify the Administrator when the major equipment is back in service.
(2) Shoreline Clean-Up 
(A) Each plan shall describe methods to clean up spilled oil and remove it from the environment. The owner/operator shall have a contract or other approved means to provide the appropriate shoreline clean up services. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate to implement all the applicable strategies, and appropriate for use on the type of oil identified. The following information must be provided:
1. methods for shoreside clean-up, including containment and removal of surface oil, subsurface oil and oiled debris and vegetation from all applicable shorelines, adjacent land and beach types; and
2. measures to be taken to minimize damage to the environment from land operations during a spill response, such as impacts to sensitive shoreline habitat caused by heavy machinery or foot traffic.
(g) Response Procedures
(1) Each plan shall describe the organization of the tank vessel's spill response system and management team. An organizational diagram depicting the chain of command shall also be included. Additionally, the plan shall describe the method to be used to integrate the plan holder's organization into the State Incident Command System and/or the Unified Command Structure as required by Title 8, California Code of Regulations, Subsection 5192(q)(3)(A).
(A) The plan holder may utilize the procedures outlined in the appropriate Area Contingency Plan when describing how the tank vessel's chain of command will interface with the State Incident Command System which utilizes the Unified Command.
(B) Each plan shall describe the organization of the plan holder's public information office, as it relates to an oil spill incident, and the method by which the Information Officer will be integrated into the State Incident Command System.
(C) Each plan shall describe the plan holder's safety program, as it relates to an oil spill incident, and the method by which their Safety Officer will be integrated into the State Incident Command System.
(2) Each plan shall identify potential sites needed for spill response operations including location(s) for:
(A) a central command post sufficient to accommodate the State Incident Command or Unified Command as well as the plan holder's response organization;
(B) a central communications post if located away from the command post; and
(C) equipment and personnel staging areas.
(3) Each plan shall include a checklist, flowchart or decision tree depicting the procession of each major stage of spill response operations from spill discovery to completion of cleanup. The checklist, flowchart or decision tree shall describe the general order and priority in which key spill response activities are performed.
(4) Each plan shall describe how the owner/operator will provide onboard emergency services before the arrival of local, state or federal authorities on the scene, including:
(A) procedures to control fires and explosions, and to rescue people or property threatened by fire or explosion;
(B) procedures for emergency medical treatment and first aid; and,
(C) procedures to provide the required personnel protective gear for responders.
(5) Each plan shall describe equipment and procedures to be used by tank vessel personnel to minimize the magnitude of a spill and minimize structural damage which may increase the quantity of oil spilled. 
(6) Each plan shall detail the lines of communications between the responsible party, the Qualified Individual and the on-scene commanders, response teams, local, state, and federal emergency and disaster responders, including:
(A) communication procedures;
(B) the communication function (e.g., ground-to-air) assigned to each channel or frequency used;
(C) the maximum broadcast range for each channel or frequency used; and
(D) redundant and back-up systems.
(7) Each plan shall describe the procedures to manage access to the spill response site, the designation of exclusion, decontamination and safe zones, and the decontamination of equipment and personnel during and after oil spill response operations, as required by the California Occupational Safety and Health Administration.
(8) Prior to beginning oil spill response operations and clean up activities, a Site Safety Plan must be completed. Each plan shall include information as required pursuant to Title 8, Section 5192(b)(4)(B) of the California Code of Regulations including, but not limited to, a written respiratory protection program, written personal protection equipment program, written health and safety training program, written confined space program and permit forms, direct reading instrument calibration logs, and written exposure monitoring program.
(h) Notification Procedures
(1) Each plan shall include a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. The plan shall:
(A) identify a central reporting office or individual who is responsible for initiating the notification process and is available on a 24-hour basis. The individual making this notification must be fluent in English. The following information must be provided:
1. the individual or office to be contacted;
2. telephone number or other means of contact for any time of the day; and
3. an alternate contact in the event the individual is unavailable.
(B) detail the procedures for reporting oil spills to all appropriate local, state and federal agencies within each of the 6 Geographical Regions that the tank vessel transits;
(C) establish a clear order of priority for notification.
(2) Immediate Notification
Nothing in this section shall be construed as requiring notification before response.
(A) Each plan shall include a procedure for contacting the OSRO in each of the six Geographic Regions that the tank vessel transits immediately, but no longer than 30 minutes, after the discovery of a discharge of oil or threatened discharge of oil.
(B) Each plan shall include a procedure that ensures that the owner/operator or his/her designee will initiate contact with the Qualified Individual, the California Emergency Management Agency and the National Response Center immediately, but no longer than 30 minutes, after discovery of a discharge of oil or threatened discharge of oil.
(C) Each plan shall include all phone numbers necessary to complete the immediate notification procedures.
(3) Each plan shall identify a call-out procedure to acquire the resources necessary to address spills that cannot be addressed by the equipment that the owner/operator is required to have under contract. Procedures must allow for initiation of the call-out within 24 hours of the incident and must begin as soon as a determination has been made that additional resources are necessary.
(4) Each plan shall provide a checklist of the information to be reported in the notification procedures, including but not limited to:
(A) tank vessel name, country of registry, call sign, and official number;
(B) location of the incident;
(C) date and time of the incident;
(D) course, speed and intended track of the tank vessel;
(E) the nature of the incident;
(F) an estimate of the volume of oil spilled and the volume at immediate risk of spillage;
(G) the type of oil spilled, and any inhalation hazards or explosive vapor hazards, if known;
(H) the size and appearance of the slick;
(I) prevailing weather and sea conditions;
(J) actions taken or planned by personnel on scene;
(K) current condition of the tank vessel;
(L) injuries and fatalities; and
(M) any other information as appropriate.
(5) Reporting of a spill as required by Section 818.02(h)(2) shall not be delayed solely to gather all the information required by Subsection 818.02(h)(4). 
(6) An updated estimate of the volume of oil spilled and the volume at immediate risk of spillage shall be reported to the California Emergency Management Agency whenever a significant change in the amount reported occurs, but not less than every 12 hours within the first 48 hours of response. The State Incident Commander and/or the Federal On-Scene Coordinator through the Unified Command shall have the option of increasing or decreasing this timeframe, as needed. Updated spill volume information included in the Incident Action Plan developed through the United Command will meet the requirements of this subsection.
(i) Temporary Storage and Waste Management:
(1) Each plan shall identify sufficient temporary storage for all recovered oil or all oily waste, and identify facilities that would be able to accept the recovered oil or oily waste for recycling or other means of waste management. Sufficient storage shall be no less than two times the calculated Response Planning Volume up to the Daily Recovery Rate as determined in Subsection 818.02(e)(3)(B).
(A) To meet the temporary storage requirement described in Subsection (1) above, the following amounts of storage shall be dedicated response resources (as defined in Section 815.05(c) of this subchapter) or OSRO-owned and controlled response resources (as defined in Section 815.05(k) of this subchapter), as applicable to the appropriate risk zone: 
Sufficient storage to support the skimming systems shall be brought to the scene of the spill during the first four hours of response: 
520 barrels of storage, or 20% of the response planning volume, whichever is less, shall be brought to the scene of the spill within four hours, of notification of a spill; 
For High Volume Ports, 12,000 barrels, or two times the response planning volume, whichever is less, shall be available at the scene of the spill within 6 hours of notification of a spill; for all other risk zones 5,000 barrels, or two times the response planning volume, whichever is less, shall be available at the scene of the spill within 6 hours of notification of a spill.
The balance of the temporary storage requirement described in Subsection (1) above, may be provided by nondedicated storage resources. All skimming systems operating at the scene of a spill shall have adequate storage. 
(2) Each plan shall identify the party that shall maintain responsibility for recovered oil and oily waste for the purposes of temporary storage.
(3) Each plan shall describe site criteria and methods used for temporary storage of recovered oil and oily wastes generated during response and cleanup operations, including known available sites.
(4) Each plan shall identify all applicable permits, and all federal, state and local agencies responsible for issuing those permits for transit, temporary storage and ultimate waste management of all wastes likely to result from an oil spill.
(5) Each plan shall include information which could expedite the state approval process for the use of temporary waste storage sites, including a list of appropriate contacts and a description of procedures to be followed for each approval process.
(j) Oiled Wildlife Care Requirements
Each plan shall describe how oiled wildlife care will be provided by one of the following approved means:
(1) Utilize the California Oiled Wildlife Care Network (OWCN) to meet oiled wildlife care requirements; or
(2) describe procedures that clearly outline how oiled wildlife care will be provided. The equipment, facilities, and personnel necessary to implement these procedures must be identified and assured by contract for each Geographic Area covered by the plan. Standards and written protocols for wildlife care must comply with all applicable State and federal laws.
(k) Training 
(1) Each plan shall provide that all appropriate personnel directly responsible to the owner/operator shall receive training in the use and operation of oil spill response and cleanup equipment. The plan shall describe:
(A) the type and frequency of training that each individual in a spill response position receives to achieve the level of qualification demanded by their job description;
(B) the procedures, if any, to train and use volunteers or other additional personnel in spill response operations as necessary for the size of the spill.
(2) Each plan shall describe the type and frequency of personnel training on methods to reduce operational risks. The description of the training shall include if applicable, the following:
(A) the means of achieving any established training objectives, such as:
1. training programs for each position involved with the various aspects of the operation that could result in a spill (e.g., position responsible for tank vessel inspections or transfers);
2. a training schedule, including adequate frequency, (e.g., initial training upon hire and annual refresher training) and type of training (workshops, classroom, videotape, on-the-job training, etc.) for each position trained;
(B) licenses, certifications or other prerequisites to hold particular jobs.
(3) Each plan shall provide for safety training as required by state and federal health and safety laws for all personnel likely to be engaged in oil spill response, including a program for training non-permanent responders, such as volunteers or temporary help.
(4) The tank vessel owner/operator shall ensure that training records are maintained for three years. All such documentation must be made available to the Administrator upon request.
(l) Drills and Exercises
(1) Each plan shall describe the tank vessel's drill and exercise program that meets the requirements of Section 820.01(a), to ensure that the elements of the plan will function in an emergency.
(2) Training sessions may constitute creditable drills and exercises if all requirements of Subsections 820.01(a) are met. Onboard emergency procedure drills conducted aboard the tank vessel and properly logged may be credited.
(3) Drills shall be designed by the vessel owner/operator to exercise either components of or the entire response plan. Such drills, individually or in combination, shall ensure that the entire plan is exercised at least once every three years.
(m) Tank Vessel Emergency Services:
(1) Notification Requirements:
Any party responsible for a tank vessel as defined in this subdivision shall notify the U.S. Coast Guard within one hour of a disability if the disabled vessel is within 12 miles of the shore of the state, pursuant to the requirements of Government Code Section 8670.20(b).
(2) Equipment and Services:
Tank vessel emergency services means all services rendered to save a vessel and cargo from any marine peril that could reasonably be expected to cause a discharge of oil into the marine waters of the state, and includes those actions necessary to control or stabilize the vessel or cargo.
(A) All tank vessels required to have a contingency plan pursuant to Section 818.01(a) must demonstrate sufficient tank vessel emergency service capability as outlined in this section;
(B) Availability of the following equipment and services shall be demonstrated by sufficient in-house capability or a signed, valid contract or other approved means with a vessel emergency services provider, or by other means approved by the Administrator. For the purpose of this subsection, a plan holder can demonstrate the availability of equipment and services, in lieu of a signed, valid contract or sufficient in-house capability, by a Letter of Intent or a Conditional Agreement, signed by the entity providing such services and attesting to the availability of the equipment and services required as specified in this Subsection (m). Any service provider must have the appropriate expertise, and all required equipment ready and available to respond within the following timeframes:
1. within 12 hours of notification of the U.S. Coast Guard;
(i.) an emergency services vessel of the appropriate size, configuration, and operating capability to ensure stabilization of a disabled vessel shall be on scene. The emergency services vessel must be capable of reaching the disabled vessel before the disabled vessel would run aground. In determining the time it would take for a vessel to run aground, an estimate shall be made based on the drift rate in the worst case weather assuming the complete loss of power and/or steering;
(ii.) a professional salvor, naval architect or other qualified person knowledgeable of stability, and hull stress assessments of the vessel shall be engaged in tank vessel emergency operations. These assessments shall be developed pursuant to the shipboard spill mitigation procedures as set forth in 33 CFR, Part 155.1035(c)). 
(iii.) a private firefighting capability that will respond to casualties in the area(s) in which the vessel will operate. This capability shall be a supplement to the firefighting capability on board the vessel;
(iv.) the vessel emergency services provider must be capable of performing emergency lightering operations, and must have the following equipment on-scene: fendering equipment; transfer hoses and connection equipment; portable pumps; and any ancillary equipment necessary to off-load the volume of the tank vessel's largest cargo tank in 24 hours of continuous operation;
(v.) dewatering pumps, hoses, and power supplies sufficient to maintain vessel stability and prevent sinking shall be on scene.
(2) within 18 hours of notification of the U.S. Coast Guard, and to the extent necessary to avoid a pollution incident, the following must be on scene;
(i) resources for shoring, patching or making other emergency, temporary repairs to correct structural, stability, or mechanical problems on the vessel;
(ii) equipment necessary to tow an incapacitated vessel to a safe haven.
NOTE

Authority cited: Sections 8670.7, 8670.10, 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.7, 8670.10, 8670.20, 8670.25.5, 8670.27, 8670.28, 8670.29, 8670.30, 8670.31 and 8670.37.51, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Change without regulatory effect amending subsection (a)(2) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Change without regulatory effect amending subsections (e)(3)(B)1., (e)(3)(B)2., (e)(3)(B)3., (e)(3)(D) and (e)(3)(E) filed 6-11-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 24).
4. Amendment of section heading, section and Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
5. Change without regulatory effect amending subsections (d)(1), (d)(2)(A), (d)(3), (e)(5)(B)11., (g)(1) and (g)(1)(C) and amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
6. Amendment of subsections (e)(3)(B)1.-(e)(3)(B)3.ii. filed 5-25-2001; operative 7-1-2001 pursuant to Government Code section 8670.28(e) and 14 CCR 818.02(e)(3)(E). Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 2001, No. 21).
7. Amendment of subsections (a)(4) and (i)(1), new subsection (i)(1)(A) and amendment of Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
8. Amendment of section heading and section filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
9. Amendment of subsection (a)(1)(A) filed 8-6-2008; operative 9-5-2008 (Register 2008, No. 32).
10. Amendment of subsection (e)(3)(B) and repealer of subsections (e)(3)(B)1.-3. filed 5-15-2009; operative 7-1-2009 (Register 2009, No. 20).
11. Amendment of subsections (b)(1)(A)-(B), repealer and new subsection (c)(2)(A), amendment of subsections (c)(2)(C), (e)(3)(A)4., (e)(4) and (e)(5)(F), repealer of subsections (g)(7)-(g)(7)(B), subsection renumbering, amendment of subsections (h)(2)(B), (h)(6) and (i)(1)(A) and amendment of Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§818.03. Vessels Carrying Oil As Secondary Cargo (VCOASC) Plan Content.
Note     •     History

To the degree the information required by Subsections 818.03(b) through (l) exists elsewhere, copies of the pre-existing information may be submitted. If the information provided is not sufficient to meet the requirements of this subchapter, additional information may be requested by the Administrator.
(a) Introductory Material
(1) Each plan shall provide the following information for each vessel carrying oil as secondary cargo (VCOASC, as defined in Section 790 of this subdivision) covered by the plan:
(A) the vessel's name, country of registry, call sign, and official identification number;
(B) name, address, phone number, fax number and e-mail address, if available, of the owner and/or operator of the vessel(s). This information shall be referenced in the plan title or on a title page at the front of the plan;
(C) the name, address, phone number, fax number and e-mail address, if available, of the person to whom correspondence should be sent;
(D) a certification statement signed under penalty of perjury by an executive within the plan holder's management who is authorized to fully implement the oil spill contingency plan who shall review the plan for accuracy, feasibility, and executability. If this executive does not have training, knowledge and experience in the area of oil spill prevention and response, the certification statement must also be signed by another individual within the plan holder's management structure who has this requisite training, knowledge, and experience. The certification shall be submitted according to the following format;
“I certify, to the best of my knowledge and belief, under penalty of perjury under the laws of the State of California, that the information contained in this contingency plan is true and correct and that the plan is both feasible and executable.”

		(signature), (title), (date);
(E) the California Certificate of Financial Responsibility (COFR) number for the tank vessel(s) covered by the plan shall be included in the front of the plan, or for fleet plans shall be listed separately in a subsection of the plan.
(2) Each plan shall identify a Qualified Individual, as defined in Chapter 1, Section 790 of this subdivision, and any alternates that may be necessary for the purpose of implementing the plan and documentation that the Qualified Individual acknowledges this capacity. If an alternate or alternates are identified in the plan, then the plan shall also describe the process by which responsibility will be transferred from the Qualified Individual to an alternate. During spill response activities, notification of such a transfer must be made to the State Incident Commander at the time it occurs.
(3) Each plan shall provide the name, address, telephone number and facsimile number of an agent for service of process designated to receive legal documents on behalf of the plan holder and documentation that the agent for services of process acknowledges this capacity. Such agent shall be located in California.
(4) Each plan shall identify a Spill Management Team (as defined in Section 815.05(p) of this subchapter), and provide documentation that the Spill Management Team acknowledge this capacity.
(5) Each plan shall contain a copy of the contract or other approved means (as defined in Section 818.05(b) of this subchapter), verifying that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill. Plan holders shall only contract with an OSRO(s) that has received a Rating by OSPR (as specified in Section 819 of this subchapter) for the booming, on-water recovery and storage, and shoreline protection services required. 
(b) VCOASC Description
(1) Each plan shall describe the vessel's design and operations with specific attention to those areas from which a spill could reasonably be expected to impact the marine waters of California. This description shall include, at a minimum, the following information:
(A) a piping and tank diagram including the location of valves, vents and lines; the age, design, and construction of the vessel; the range of oil products normally carried in each structure; and safety equipment;
(B) a description of the types, physical properties, health and safety hazards and maximum storage or handling capacity of the oil or product carried. A material safety data sheet (MSDS) or equivalent will meet some of these requirements and can be maintained separately aboard the vessel providing the plan identifies its location;
(C) the vessel's classification, hull type, gross registered tonnage (GRT), oil cargo capacity, length, draft and beam.
(c) Prevention Measures
(1) Each plan holder shall take all appropriate prevention measures designed to reduce the possibility of an oil spill occurring as a result of allisions, collisions, groundings, explosions or operator error during the operation of the VCOASC. Each plan shall include a summary of the policies, programs, guidelines and/or procedures designed to implement the following:
(A) methods to reduce spills during transfer and storage operations, including overfill prevention measures, and immediate spill containment provision. Any information developed in compliance with Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection;
(B) procedures to assure clear communication among all the parties involved during transfer operations;
(C) use of vessel traffic service systems where available;
(D) procedures to be used to avoid the known navigational hazards.
(E) Where a plan holder's VCOASC is engaged in transfer operations at a facility subject to Public Resources Code 8755, and the plan holder is in compliance with State Lands Commission regulations for oil transfer operations, the plan holder shall be considered in compliance with the provisions of this subsection.
(F) The plan holder shall provide additional relevant information to the Administrator upon request.
(2) [Reserved]
(3) At the time the initial contingency plan is submitted, the owner/operator shall either submit a Certificate Of Inspection (COI) issued by the USCG or a certificate issued by a member of the International Association of Classification Societies certified by the International Maritime Organization (IMO) of the most recent vessel inspection, or verify that the vessel has such a certificate and that the certificate is available for review.
(4) The owner/operator shall also submit a Safety Management Certificate to demonstrate compliance with the performance elements in the International Safety Management (ISM) Code subject to IMO Resolution A.741(18), or shall submit proof of compliance with the American Waterways Operators (AWO) Responsible Carrier Program, if applicable.
(d) Planning for the Location of Response Resources 
The owner/operator must be prepared to respond to a spill anywhere within the marine waters of California where the VCOASC transits. To determine the regions in which response equipment and personnel must be available, the owner/operator shall include in the plan a description of the VCOASC's normal routes of travel including a list of each of the six Geographic Regions that the VCOASC transits along these routes. OSPR has developed Shoreline Protection Tables (SP Tables (see Section 790)), incorporated by reference herein and posted at OSPR's website) for VCOASC traffic in California's marine waters. Owners/operators shall meet the response resource and time frame requirements for the appropriate Small Harbor from the SP Tables when contracting for shoreline protection services.
(e) Containment Booming and On-Water Recovery
Each plan holder must contract for containment booming and on-water recovery response resources up to their Response Planning Volume for all potential spills from the VCOASC that could reasonably be expected to impact the marine waters of California. Additionally, each plan must also demonstrate response capability sufficient to address potential spills in each Geographic Response Plan Area (GRA), if available, or Geographic Region through which the vessel may transit. (GRA's are geographic subdivisions of ACP area.) To determine the amount of response resources for containment booming and on-water recovery, each plan holder must calculate a Response Planning Volume as outlined below:
(1) Reasonable Worst Case Spill
To calculate the Response Planning Volume, it is first necessary to determine the reasonable worst case spill for each vessel. The reasonable worst case spill is calculated as 30% of the vessel's total cargo capacity of petroleum products.
(2) Persistence and Emulsification Factors
(A) The reasonable worst case spill volume is then multiplied by a persistence factor relative to the most persistent type of oil that each VCOASC carries over the marine waters of California. The persistence factors are specified below:

View Graphic
(B) Emulsification Factors: The volume determined from the calculation above is then multiplied by one of the following emulsification factors, again, based on the type of oil.

View Graphic
(C) Response Planning Volume 
The total determined by this calculation is a Response Planning Volume.
1. The Response Planning Volumes to be used to determine the amount of equipment and services required shall be the greater of the amount necessary to address the Response Planning Volume as calculated in Subsections 818.03(e)(1) - (2) or the Planning Volume for On-water Recovery for Inland/Near-shore Environment calculated for the vessel's federal response plan prepared pursuant to 33 CFR, Part 155.1045. The Planning Volume for On-water Recovery is the Adjusted Volume from the federal calculations determined prior to establishing response tiers utilizing the mobilization factors.
2. The calculations used to determine the Response Planning Volume shall be included in the plan.
(3) Response Capability Standards 
The equipment and personnel necessary to address the Response Planning Volume is brought to the scene of the spill over a period of time. The timeframes are dependent upon the GRA or Geographic Region in which the VCOASC transits.
The standards set forth in this section may not reflect the exigencies of actual spill response. However, these are the standards that must be used to determine the amount of equipment and personnel that must be under contract or other approved means. Response resources in addition to those under contract must be identified and a call-out procedure in place to access this equipment if the VCOASC has a spill that exceeds the Response Planning Volumes. The owner/operator is ultimately responsible for addressing the entire volume of an actual spill regardless of the planning volumes.
(A) On-Water Daily Recovery Rates and Containment Boom Amounts
1. The total amount of on-water containment and recovery equipment and services required shall be the amount necessary to address the Response Planning Volume determined in Subsection 818.03(e)(2)(C), as follows:
i. VCOASC that transit in High-Volume Ports shall have sufficient on-water containment and recovery equipment and services to respond to 10% of the calculated Response Planning Volume (as calculated in Sections 818.03(e)(1)-(2)) at the scene of the spill within two hours. There shall be sufficient on-water containment and recovery equipment and services to respond to the remaining Response Planning Volume within 12 hours.
ii. VCOASC operating in Facility Transfer areas or the Santa Barbara Channel area shall have sufficient on-water containment and recovery equipment and services to respond to 10% of the calculated Response Planning Volume (as calculated in Sections 818.03(e)(1)-(2)) at the scene of the spill within 12 hours. There shall be sufficient on- water containment and recovery equipment and services to respond to the remaining Response Planning Volume within 36 hours.
iii. VCOASC that transit along the Balance of the Coast shall have sufficient on-water containment and recovery equipment and services to respond to 10% of the calculated Response Planning Volume (as calculated in Sections 818.03(e)(1)-(2)) at the scene of the spill within 18 hours. There shall be sufficient on-water containment and recovery equipment and services to respond to the remaining Response Planning Volume within 36 hours.
(4) Transfer Operations
Each plan shall demonstrate that the VCOASC owner/operator owns or has access to sufficient and appropriate boom, trained personnel and equipment, maintained in a stand-by condition, such that at least 600 feet of boom can and will be deployed for the most effective containment immediately, but no longer than 30 minutes after the discovery of a spill. Additionally, each plan holder shall identify the equipment, personnel and procedures such that an additional 600 feet of boom can and will be deployed within one hour for the most effective containment in the event of an oil spill. Response resources owned or under contract to the marine facility or vessel engaged in oil transfer operations may be used to meet this requirement.
(5) On-Water Response Equipment and Services
(A) Each plan shall demonstrate that the VCOASC owner/operator has under contract or other approved means (as defined in Section 815.05(b) of this subchapter) access to all necessary response resources to comply with the Response Capability Standards for containment booming and on-water recovery established pursuant to Subsection 818.03(e). The amount of response equipment required will take into account the effective daily recovery capacity (as defined in Chapter 1, Section 790 of this subdivision) of the oil recovery equipment.
(B) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the geography, bathymetry, water depths, tides, currents and other local environmental conditions. For those areas that require shallow-water response capability (refer to the relevant U.S. Coast Guard Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 815.05 of this subchapter) to be owned or under contract or other approved means and available to respond to provide shoreline protection of all sensitive sites identified in the trajectory analysis conducted as part of the Environmental Consequence analysis. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified. To the extent that the following information is provided by a Rated OSRO, evidence of a contract or other approved means with a Rated OSRO will suffice:
1. the location, inventory and ownership of the equipment to be used to fulfill the response requirements of this subchapter;
2. the manufacturer's rated capacities and operational characteristics for each major item of oil recovery equipment;
3. the type and capacity of storage and transfer equipment matched to the skimming capacity of the recovery systems;
4. the effective daily recovery capacity (as defined in Chapter 1, Section 790 of this subdivision) for each major piece of on-water recovery equipment listed, as well as the effective daily recovery capacity for the skimming systems as a whole.
i. A request may be submitted to the Administrator to review the effective daily recovery capacity for a piece of equipment if it can be shown that the equipment has a different capacity than the derating factor allows.
ii. The Administrator's decision regarding a change in the effective daily recovery capacity for a piece of equipment will be issued as soon as administratively feasible.
5. vessels designated for oil recovery operations, including skimmer vessels and vessels designed to tow and deploy boom;
6. procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator;
(f) Shoreline Protection
Each plan must provide for shoreline protection in the Small Harbor the VCOASC may transit. Each plan shall demonstrate through contracts(s) or other approved means, the response resources necessary to protect each type of shoreline and all applicable sensitive sites as outlined in the appropriate Small Harbor as listed in the SP Tables (see Section 790), incorporated by reference herein. The SP Tables shall be reviewed, and updated if needed, annually by OSPR staff. using the procedures outlined in the Administrative Procedure Act.
(1) Shoreline Protection Requirements for Vessels Operating in Small Harbors
Included in the SP Tables is a listing of Small Harbors throughout the state. The requirements in the Small Harbor Table apply to all vessels over 300 GT that operate in the small harbors as listed. The following apply to the Small Harbor Table only:
(A) Non-dedicated resources are allowed for shoreline protection for the vessels that operate in these harbors.
(B) The amounts of boom, boats and staff, as listed, are required for the vessels that operate in these harbors. In some locations additional response resources may be required for included or adjacent sensitive sites if this has been identified in the applicable ACPs.
(C) Resource requirements can be met either with pre-positioned equipment (as identified in the owner/operator's Contingency Plan) or by a contract with a Rated OSRO. Advance notice to the OSRO is required before the plan holder can begin operating in the small harbor.
(D) Unless otherwise specified in the Small Harbor Table, anytime that a vessel over 300 GT operates in these small harbors, that vessel shall have a contract or other approved means for a minimum of 2,500 feet of boom that can be deployed in 6 hours.
(E) An owner/operator may propose lesser amounts of shoreline protection resources than that listed in the Small Harbor Table, for carrying out planned projects in the Balance of the Coast, upon petitioning and approval of the Administrator. The proposal may be tested by the Administrator anytime prior or subsequent to plan approval.
(2) Shoreline Clean-Up
(A) Each plan shall describe methods to clean up spilled oil and remove it from the environment. The owner/operator shall have a contract or other approved means to provide the appropriate shoreline clean up services. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate to implement all the applicable strategies, and appropriate for use on the type of oil identified. The description shall include:
1. methods for shoreside clean-up, including containment and removal of surface oil, subsurface oil and oiled debris and vegetation from all applicable shorelines, adjacent land and beach types; and
2. measures to be taken to minimize damage to the environment from land operations during a spill response, such as impacts to sensitive shoreline habitat caused by heavy machinery or foot traffic.
(g) Response Procedures
(1) Each plan shall describe the organization of the VCOASC's spill response management team. An organizational diagram depicting the chain of command shall also be included. Additionally, the plan shall describe the method to be used to integrate the plan holder's organization into the State Incident Command System and/or the Unified Command Structure as required by Title 8, California Code of Regulations, Subsection 5192(q)(3)(A).
(A) The plan holder may utilize the procedures outlined in the appropriate and most recent Federal Area Contingency plan when describing how the vessel's chain of command will interface with the State Incident Command System which utilizes the Unified Command.
(2) Each plan shall include a checklist, flowchart or decision tree depicting the procession of each major stage of spill response operations from spill discovery to completion of clean-up. The checklist, flowchart or decision tree shall describe the general order and priority in which key spill response activities are performed.
(3) Each plan shall describe how the owner/operator will provide onboard emergency services before the arrival of local, state or federal authorities on the scene, including:
(A) procedures to control fires and explosions, and to rescue people or property threatened by fire or explosion;
(B) procedures for emergency medical treatment and first aid,
(4) Each plan shall describe equipment and procedures to be used by VCOASC personnel to minimize the magnitude of a spill and minimize structural damage which may increase the quantity of oil spilled.
(5) Each plan shall detail the lines of communications between the responsible party, the Qualified Individual and the on-scene commanders, response teams, local, state, and federal emergency and disaster responders, including:
(A) communication procedures;
(B) the communication function (e.g., ground-to-air) assigned to each channel or frequency used;
(C) the maximum broadcast range for each channel or frequency used; and
(D) redundant and back-up systems.
(6) Each plan shall describe the procedures to manage access to the spill response site, the designation of exclusion, decontamination and safe zones, and the decontamination of equipment and personnel during and after oil spill response operations, as required by the California Occupational Safety and Health Administration.
(7) Each plan shall describe the procedures for the evaluation of health and safety concerns and the determination of site safety prior to beginning oil spill response operations and clean-up activities.
(h) Notification Procedures
(1) Each plan shall include a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. The plan shall:
(A) identify a central reporting office or individual who is responsible for initiating the notification process and is available on a 24-hour basis. The individual making this notification must be fluent in English. The following information must be provided:
1. the individual or office to be contacted;
2. telephone number or other means of contact for any time of the day; and
3. an alternate contact in the event the individual is unavailable.
(B) detail the procedures for reporting oil spills to all appropriate local, state, and federal agencies within each of the six Geographic Regions that the VCOASC transits;
(C) establish a clear order of priority for notification.
(2) Immediate Notification 
Nothing in this section shall be construed as requiring notification before response.
(A) Each plan shall include a procedure for contacting the OSRO in each of the six Geographic Regions that the VCOASC transits immediately, but no longer than 30 minutes, after the discovery of a discharge of oil or threatened discharge of oil.
(B) Each plan shall include a procedure that ensures that the owner/operator or his/her designee will initiate contact with the Qualified Individual, the California Emergency Management Agency and the National Response Center immediately, but no longer than 30 minutes, after discovery of a discharge of oil or threatened discharge of oil.
(C) Each plan shall include all phone numbers necessary to complete the immediate notification procedures.
(3) Each plan shall identify a call-out procedure to acquire the resources necessary to address spills that cannot be addressed by the equipment that the owner/operator is required to have under contract. Procedures must allow for initiation of the call-out within 24 hours of the incident and must begin as soon as a determination has been made that additional resources are necessary.
(4) Each plan shall provide a checklist of the information to be reported in the notification procedures, including but not limited to:
(A) VCOASC name, country of registry, call sign, and official number;
(B) location of the incident;
(C) date and time of the incident;
(D) course, speed and intended track of the VCOASC;
(E) the nature of the incident;
(F) an estimate of the volume of oil spilled and the volume at immediate risk of spillage;
(G) the type of oil spilled, and any inhalation hazards or explosive vapor hazards, if known;
(H) the size and appearance of the slick;
(I) prevailing weather and sea conditions;
(J) actions taken or planned by personnel on scene;
(K) current condition of the VCOASC;
(L) injuries and fatalities; and
(M) any other information as appropriate.
(5) Reporting of a spill as required by Section 818.03(h)(2) shall not be delayed solely to gather all the information required by Subsection 818.03(h)(4).
(6) An updated estimate of the volume of oil spilled and the volume at immediate risk of spillage shall be reported to the California Emergency Management Agency whenever a significant change in the amount reported occurs, but not less than every 12 hours within the first 48 hours of response. The State Incident Commander and/or the Federal On-Scene Coordinator through the Unified Command shall have the option of increasing or decreasing this timeframe, as needed. Updated spill volume information included in the Incident Action Plan developed through the Unified Command will meet the requirements of this subsection.
(i) Temporary Storage and Waste Management
(1) Each plan shall identify sufficient temporary storage for all recovered oil or all oily waste, or identify facilities that would be able to accept the recovered oil or oily waste for recycling or other means of waste management. Sufficient storage shall be no less than two times the required Response Capability Standards as determined in Subsection 818.03(e)(3).
(2) Each plan shall identify the party that shall maintain responsibility for recovered oil and oily waste for the purposes of temporary storage.
(3) Each plan shall describe site criteria and methods used for temporary storage of recovered oil and oily wastes generated during response and clean-up operations, including known available sites.
(4) Each plan shall identify all applicable permits, and all federal, state and local agencies responsible for issuing those permits for transit, temporary storage and ultimate waste management of all hazardous waste products likely to result from an oil spill.
(5) Each plan shall include information which could expedite the state approval process for the use of temporary waste storage sites, including a list of appropriate contacts and a description of procedures to be followed for each approval process.
(j) Wildlife Rehabilitation Requirements 
Each plan shall describe how oiled wildlife care will be provided by one of the following approved means:
(1) Utilize the California Oiled Wildlife Care Network (OWCN) to meet oiled wildlife care requirements: or
(2) describe procedures that clearly outline how oiled wildlife care will be provided. The equipment, facilities, and personnel necessary to implement these procedures must be identified and assured by contract for each Geographic Area covered by the plan. Standards and written protocols for wildlife care must comply with all applicable State and federal laws. 
(k) Training 
(1) Each plan shall provide that all appropriate personnel directly responsible to the owner/operator shall receive training in the use and operation of oil spill response and clean-up equipment. The plan shall describe:
(A) the type and frequency of training that each individual in a spill response position receives to achieve the level of qualification demanded by their job description;
(B) the procedures, if any, to train and use volunteers or other additional personnel in spill response operations as necessary for the size of the spill.
(2) Each plan shall describe the type and frequency of personnel training on methods to reduce operational risks. The description of the training shall include, if applicable, the following:
(A) the means of achieving any established training objectives, such as:
1. training programs for each position involved with the various aspects of the operation that could result in a spill (e.g., position responsible for vessel inspections or transfers);
2. a training schedule, including adequate frequency, (e.g., initial training upon hire and annual refresher training) and type of training (workshops, classroom, videotape, on-the-job training, etc.) for each position trained;
(B) licenses, certifications or other prerequisites to hold particular jobs.
(3) Each plan shall provide for safety training as required by state and federal health and safety laws for all personnel likely to be engaged in oil spill response, including a program for training non-permanent responders, such as volunteers or temporary help.
(4) The VCOASC owner/operator shall ensure that training records are maintained for three years. All such documentation must be made available to the Administrator upon request.
(l) Drills and Exercises
(1) Each plan shall describe the VCOASC's drill and exercise program. The vessel owner/operator shall conduct drills and exercises as necessary to ensure that the elements of the plan will function in an emergency, as described in Section 820.01(a).
(2) Drills shall be designed to exercise either components of or the entire response plan. Such drills, individually or in combination, shall ensure that the entire plan is exercised at least once every three years.
NOTE

Authority cited: Sections 8670.7, 8670.10, 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.7, 8670.10, 8670.20, 8670.25.5, 8670.27, 8670.28, 8670.29, 8670.30, 8670.31 and 8670.37.51, Government Code.
HISTORY

1. New section filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
2. Change without regulatory effect amending subsection (g)(1) and amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
3. Amendment of subsection (a)(4) and amendment of Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
4. Amendment of section and Note filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
5. Repealer of subsections (g)(6)-(g)(6)(B), subsection renumbering and amendment of subsections (h)(2)(B) and (h)(6) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§819. Oil Spill Response Organization (OSRO) Rating.
History

HISTORY

1. New heading filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment of section heading filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Amendment of section heading filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
§819.01. Purpose and Scope.
Note     •     History

(a) The Oil Spill Response Organization Rating process was developed to facilitate the preparation and review of oil spill contingency plans. An owner or operator who is required to submit a contingency plan must, among other things, identify and ensure by contract or other approved means the availability of personnel and equipment necessary to respond to all contingency plan requirements. Plan holders that have a contract or other approved means for the booming, on-water recovery and storage, and shoreline protection services of a Rated OSRO do not have to list that OSRO's response resources in their plan. A Rated OSRO has received an OSRO Rating Letter (ORL) from OSPR for the booming, on-water recovery and storage and shoreline protection services as listed in their application. 
(b) The Rating levels assigned pursuant to this section are for planning purposes and may not reflect the exigencies of actual spill response. 
(c) Only OSRO's that receive a Rating from OSPR are eligible to enter into agreements for response services pursuant to Government Code 8670.56.6.(j)(1), for the response resources as listed in their ORL. 
NOTE

Authority cited: Sections 8670.28, 8670.30 and 8670.56.6(j)(1), Government Code. Reference: Sections 8670.28, 8670.30 and 8670.56.6(j)(1), Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Change without regulatory effect amending subsections (d)(1) and (e) filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
4. Amendment of section heading, section and Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
5. Amendment of subsection (b) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
§819.02. OSRO Application Content.
Note     •     History

(a) General Information 
An individual or entity may apply for consideration as a Rated OSRO for oil spill response operations. OSPR will only grant Ratings by Geographic Regions (or Geographic Response Plan areas, if established) for the following services: booming; on-water recovery and storage; and shoreline protection. An OSRO's existing Letter of Approval issued from the Administrator shall remain valid unless revoked, and shall be deemed to meet the requirements of this section for three years from the date of the letter's issuance. OSROs without a current Letter of Approval must submit a completed application within 60 calendar days prior to citing the OSRO's response resources and services to comply with the contingency planning requirements for tank vessels, nontank vessels and marine facilities. The following information is required before an application will be reviewed:
(1) the OSRO's name, contact person, mailing and physical addresses, facsimile and telephone numbers; 
(2) all subcontractor's name(s) (if applicable), contact person, mailing and physical addresses, facsimile and telephone numbers; 
(3) list of plan holders contracted with; 
(4) for the previous two years from the date of the application, documentation of California oil spills responded to or California equipment deployment exercises participated in, including personnel and equipment used for the response/exercise; 
(5) an organizational diagram depicting the OSRO's response organization and management/command structure; 
(6) a description of the roles, responsibilities and method to interface the OSRO's organization with the State Incident Command System and/or the Unified Command Structure as required by Title 8, CCR, Subsection 5192(q)(3)(A). (The OSRO may utilize the appropriate Area Contingency Plan as a reference for information on the Incident Command System/Unified Command Structure). 
(7) for each type of service, the types of oil to which the OSRO is willing and able to respond; 
(8) a description of the OSRO's communications equipment, to include: 
(A) the amount and type of equipment; 
(B) the frequencies to be used; and 
(C) the number of certified operators. 
(b) Equipment and Personnel 
The application shall include for each location (i.e., where the equipment is stored, moored and operating area), the following information as applicable for the response equipment and personnel available to respond, indicating whether company owned/employee or subcontracted (including subcontractor's name), and dedicated or non-dedicated or OSRO-owned and controlled (as defined in Section 815.05 of this subchapter), that forms the basis for the requested Rating, Note: Ratings for six hours or earlier require sufficient dedicated response resources (as defined in Section 815.05(c)) or OSRO-owned and controlled resources (as defined in Section 815.05(k)), except for shoreline protection services in which the six hour dedicated resources requirement is specified in Section 819.02(d)(4) of this subchapter. The required information shall include but not be limited to: 
(1) A description of the boom to include: 
(A) total lengths of boom by type; 
(B) manufacturer name and model; 
(C) freeboard and draft 
(D) connector type; and 
(E) intended operating environments; 
(F) associated anchoring systems
(2) A description of the skimmers (including Oil Spill Response Vessels (OSRV)) to include: 
(A) total number of skimmers by type; 
(B) manufacturer name and model; 
(C) intended operating environments, including current; 
(D) skimmer type by design (i.e., stationary, advancing, self-propelled, stationary/advancing); 
(E) manufacturer's nameplate capacity; 
(F) Effective Daily Recovery Capacity (EDRC); 
(G) on board storage capacity integral to the skimmer; 
(H) storage capacity of the skimming system external to the skimmer (e.g., dracones, tank barges, etc.), if any, and pump rate for off loading on-board storage; and 
(I) maximum draft; 
(3) A description of the response vessels (not including OSRV's) to include: 
(A) vessel name; 
(B) vessel length, width, and draft; 
(C) vessel type by design; 
(D) current documentation/registration; 
(E) intended operating environments; 
(F) ability to tow; 
(G) horsepower; 
(H) amount of boom on board; 
(I) pump rate for off loading on-board storage; and 
(J) applicable design limits, including suitability for different types of oils, operating environments as related to adverse weather, and draft; 
(4) A description of the recovered oil storage to include: 
(A) type/name; 
(B) official number; 
(C) length/beam/draft; 
(D) maximum capacity; 
(E) a copy of the vessel's Certificate of Inspection or other documentation as applicable; 
(5) For all equipment, all inspections and maintenance must be documented and the records maintained for 3 years. The location of the records must be noted in the application, and all records must be available for review during verification inspections conducted by OSPR.
(6) for any equipment not located in the Geographic Region for which a Rating is sought, the applicant shall provide attestation that the equipment is transportable and available for use within the Rating time period; 
(7) Equipment shall be listed only if it is in a fully operable condition. Future equipment, ordered but not yet delivered and fully operable, may be listed, but it must be listed and identified separately with its date of availability indicated. 
(8) Personnel 
For all personnel identified as a spill response resource, the application shall include for each Geographic Region that the OSRO is requesting a Rating: 
(A) the number of personnel that are to be utilized for response activities at the six hour response level or earlier, their assignments during spill response, and whether they are dedicated or OSRO-owned and controlled or non-dedicated personnel. A list matching trained personnel by name to the equipment type and the services offered shall be made available for review during verification inspections by OSPR; 
(B) the plan for mobilization of personnel including cascading additional personnel, and estimated time of mobilization; 
(C) a list of the training and qualifications required for each spill response assignment including: 
1. all appropriate State and federal safety and training requirements, including the OSHA requirements for Hazardous Operations and Emergency Response, and the requirements under Title 8, California Code of Regulations, Section 5192; 
2. the number of trained supervisors and laborers, and the types of training received; 
3. the procedures for training personnel; 
4. the timelines for mobilizing and training additional response personnel not under contract; and 
5. a statement by the OSRO certifying that all personnel within a job category have the requisite training and qualifications for their assignment during spill response. 
6. Documentation of training and qualifications shall be maintained by the OSRO and shall be made available to the Administrator upon request. 
(c) Subcontracted Response Resources 
If response resources that form the basis for the assigned Rating is under contract from another party, and if the information required in this subsection is not listed elsewhere, provide the following information: 
(1) on-site deployment timeframes by Geographic Region and operating environments; 
(2) A valid contract from each company that is providing the contracted resources shall be submitted to OSPR for review. If all subcontracts are the same, submitting one contract along with the signature pages for any additional contracts shall suffice. The contract shall include, but not be limited to, the following: 
(A) the name of the company providing the resources (subcontractor); 
(B) a complete listing and storage location of the specific resources being provided; 
(C) the timeframe for which the agreement is valid; 
(D) any limits on the availability of resources; 
(E) a signed letter from the subcontractor by an authorized individual, to the OSRO stating the following: 
“The information provided regarding [subcontractor] response equipment and personnel is factual and correct to the best of my knowledge and belief. I agree to allow OSPR personnel access to my facility and records for the purpose of verifying the information contained in the Rating application in which my assets are listed. I agree to participate in announced and unannounced drills as set forth in Section 819.03 of this subchapter to verify any or all of the information regarding my response equipment and personnel contained in a Rating application”. 
(3) Any drill or inspection of subcontracted response resources shall be coordinated with the OSRO whose application contains the subcontracted response resources. 
(4) If the subcontracted response resources are not dedicated response resources, the OSRO must ensure the availability of non-dedicated response resources by contract in quantities equal to twice what the OSRO requires of the dedicated response resources. These non-dedicated response resources are subject to verification inspections and will be required by the Administrator to participate in an announced and unannounced drill(s). 
(d) Service-specific Information 
(1) List the Geographic Response Plan (GRA) area(s), (or the Geographic Regions(s) as defined in Chapter 1, Section 790 (ACP Areas), if GRA's are not established) in which spill response services are being offered. Include for each GRP or region: 
(A) the services being offered and/or under contract (i.e., booming, on-water recovery and storage, and shoreline protection services); 
(B) estimated timeframes to deploy equipment/resources at scene, 
(C) operating environment(s) as described in 33 CFR 154, as applicable, including the OSRO's minimum operating depth, and 
(D) requested Rating level, as described in Section 819.04 of this subchapter. 
(2) for each Rating level as described in Section 819.04, and for each service offered, a written plan of operations including a call-out list for each GRA, or Geographic Region (ACP area if GRA's are not established), and operating environment of response coverage. The written plan of operations can be limited to the following time frames: six hours for High Volume Ports; 12 hours for Facility Transfer Areas; and 18 hours for Balance of the Coast (except for Shoreline Protection Ratings for small harbors which is limited to 7 hours). However, a written general plan to acquire response resources beyond these time frames is still required. As applicable, the plan will describe the number(s), type(s), means of deployment, and operations of all oil spill response equipment and trained personnel, including subcontracted resources, that the applicant would use for a spill of 50 barrels, a spill of 3,125 barrels and the largest reasonable worst case spill for which the applicant would be contractually responsible. 
(3) The applicant shall submit a description of the systems approach (as defined in Section 815.05 of this subchapter) for the services offered (i.e., booming, on-water recovery and storage, and shoreline protection services) in a narrative format, for the equipment listed in Subsection (b) including, but not limited to:
(A) for all boom: 
1. describe how boom is transported and method of deployment. 
(B) for all skimmers (including vessel of opportunity skimming systems (VOSS)): 
1. describe how the skimmer is deployed and operated; 
2. describe how skimmer is transported. 
(C) for all vessels (OSRO owned vessels, and subcontracted vessels): 
1. describe how vessel is transported; and 
2. describe type of spill response service the vessel is primarily to be used for (e.g., OSRV, skimming, towing boom, boom deployment). 
(D) for all recovered oil storage: 
1. describe how recovered oil is transported to/from storage. 
(4) for all shoreline protection services of environmentally sensitive sites:
(A) For tank vessels and nontank vessels, OSRO's will receive a Rating for each GRA (or Geographic Region as defined in Chapter 1, Section 790 (ACP Area)). Ratings will reflect the OSRO's capability to deliver and deploy the response resources necessary to protect each type of shoreline and all applicable sensitive sites in the time frames required, as outlined in the appropriate SP Tables (SP Tables, see Section 790, incorporated by reference herein and posted on OSPR's website). The SP Tables shall be reviewed and updated as needed (e.g., to reflect updates to the ACPs, etc.). Updates to the SP Tables will be processed by OSPR staff using the procedures contained in the Administrative Procedure Act.
1. An OSRO may propose alternatives to what is listed in the SP Tables for boats and staff only. The proposal may be tested by the Administrator anytime prior or subsequent to plan approval.
(B) For marine facilities, OSRO's will receive a Rating for each GRA (or Geographic Region as defined in Chapter 1, Section 790 (ACP Area)). Ratings will reflect the OSRO's capability to deliver and deploy the response resources for each marine facility to protect each type of shoreline and all applicable sensitive sites in the time frames required, based on the expected oil impact from the trajectory analysis. The following information shall be submitted with each application for a Shoreline Protection Rating for impacts within the first six hours:
1. Sensitive site name and number;
2. Expected time of impact from marine facility;
3. Expected time of arrival and deployment of response resources;
4. Amount of boom, vessels, trained personnel, and other resources necessary to protect the identified site in the timeframes required.
5. For impacts at seven hours and beyond, the total amount of response resources (boom, boats, staff, etc.) necessary to protect the remaining sensitive sites.
(C) The Rating(s) requested by the OSRO shall be justified by providing documentation specifying: location of both ACP and plan holder-identified sensitive sites to be protected, as determined by the OSRO; equipment and personnel; estimated time of arrival at the site to be protected; and deployment times. Announced and unannounced drills will be used to validate the Rating(s).
(D) Ratings up to and including six hours require sufficient dedicated response resources or OSRO-owned and controlled resources. (OSRO-owned and controlled resources refers to equipment owned by the OSRO, and personnel who are employed directly by the OSRO). The following table lists the applicable percentage of dedicated shoreline protection boats and staff that are required for each Geographic Region:

	Geographic Region	% DEDICATED RESOURCES FOR 
	(also known as ACP Area)	SHORELINE PROTECTION

	1	50% dedicated boats and staff
	2	75% dedicated boats and staff
	3	0% (non-dedicated boats and staff allowed)
	4	0% (non-dedicated boats and staff allowed)
		*For Port Hueneme only, 75% 
		dedicated boats and staff required
	5	75% dedicated boats and staff
	6	50% dedicated boats and staff
			
(E) Shoreline Protection Requirements for Vessels Operating in Small Harbors Included in the SP Tables is a listing of Small Harbors throughout the state. OSROs may apply for a Rating for each Small Harbor by meeting the requirements in the Table. The requirements in the Small Harbor Table apply to all vessels over 300 GT that operate in the small harbors as listed. The following apply to the Small Harbor Table only:
1. Non-dedicated resources are allowed for shoreline protection for the vessels that operate in these harbors.
2. The amounts of boom, boats and staff, as listed, are required for the vessels that operate in these harbors. In some locations additional response resources may be required for included or adjacent sensitive sites if this has been identified in the applicable ACPs.
3. Resource requirements can be met either with pre-positioned equipment (as identified in the owner/operator's Contingency Plan) or by a contract with a Rated OSRO. Advance notice to the OSRO is required before the plan holder can begin operating in the small harbor.
4. Unless otherwise specified in the Small Harbor Table, anytime that a vessel over 300 GT operates in these small harbors, that vessel shall have a contract or other approved means for a minimum of 2,500 feet of boom that can be deployed in 6 hours.
5. An OSRO may propose lesser amounts of shoreline protection resources than that listed in the Small Harbor Table, for carrying out planned projects in the Balance of the Coast, upon petitioning and approval of the Administrator. The proposal may be tested by the Administrator anytime prior or subsequent to plan approval.
6. An OSRO may apply for a Temporary Small Harbor Rating for shoreline protection for a specific timeframe to cover a vessel being used for a specific project. Unannounced Drills for these Temporary Ratings will not require actual deployment of equipment.
(e) Attestation 
The application shall contain the following language, signed and dated from the OSRO, by an authorized individual:
“The information provided regarding response equipment and personnel is factual and correct to the best of my knowledge and belief. I agree to allow OSPR personnel access to my facility, prior and subsequent to receiving a Rating, for the purpose of verifying the information contained in this application. I understand that all response resources identified for Rating purposes are subject to verification visits. I agree to participate in announced and unannounced drills as set forth in Section 819.03 of this subchapter to verify any or all of the information contained in this application, prior and/or subsequent to receiving a Rating”. 
(f) Confidentiality 
(1) An applicant may request that proprietary information be kept confidential. Such a request must include justification for designating the information as confidential. The Administrator will make a determination regarding that information which may be considered confidential and removed from any copy of the application that is made available for public review. 
(A) An applicant may also request that any reports, or studies prepared or submitted under any OSRO certification requirements be designated as proprietary information. Such a request must include justification for designating the report or study as confidential. 
(2) Any information designated as confidential must be clearly identified as proprietary. 
(3) If an applicant designates information as confidential, two different copies of the application must be submitted as follows: 
(A) one copy must contain the confidential information. This application will be utilized in the review and Rating process; 
(B) one copy must be submitted with the confidential information removed. This copy will be available for public review. This application must contain sufficient information in place of the confidential information so that any individual reviewing the application will understand all the elements of the application. 
NOTE

Authority cited: Sections 8670.28 and 8670.30, Government Code. Reference: Sections 8670.10, 8670.19, 8670.28 and 8670.30, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Amendment of section and Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
4. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
§819.03. Application Review, Verification and Drills.
Note     •     History

(a) Review For Rating
(1) An application will be reviewed within 90 calendar days of receipt or resubmission. 
(2) The Administrator shall rate an OSRO upon determination that the applicant has met the requirements for the appropriate Rating levels, as outlined in Subsection 819.04(b)(2), for the equipment, services and operating environments listed in the application. The Administrator shall not issue a Rating until the applicant OSRO successfully completes an unannounced drill to verify the information in the OSRO's application. 
(3) A Rating may be denied or modified if the Administrator determines that the OSRO applicant fails to meet the criteria for the Rating level of any services, based upon inspection, verification or performance of an announced and unannounced drill or actual spill, or for other reasons as determined by the Administrator. The Administrator may require the satisfactory completion of an unannounced drill of each rated OSRO prior to being granted a modified rating, or for renewal, or prior to reinstatement of a revoked or suspended rating. 
(b) Standards For Review
OSRO Rating Letters will be issued to OSROs subject to the following conditions:
(1) Equipment, equipment maintenance records, and personnel training records, and personnel-specific equipment qualifications must be verifiable by inspection by the Administrator. Any resources not on site at the time of an inspection will not be counted until verified by subsequent inspection.
(2) Response personnel must comply with all appropriate State and federal safety and training requirements. Safety requirements include, but are not limited to, the following (found in Title 8, California Code of Regulations): 
Trenching and Shoring (Section 1504, 1539-1547)
Electrical Safety (Section 2299-2974)
Injury and Illness Prevention Program (Section 3203)
Employee Exposure Records (Section 3204)
Transporting Employees (Section 3702)
Crane Safety (Section 4885-5049)
Noise/Hearing Conservation (Section 5095-5100)
Ergonomics (Section 5110)
Respiratory Protection (Section 5141 and 5144)
Airborne Contaminants/Employee Exposure Monitoring (Section 5155)
Confined Space (Section 5157-5159)
Hazardous Waste Operation and Emergency Response (Section 5192)
Hazard Communication (Section 5194)
Benzene Standard (Section 5218)
(3) Safety and training records may be inspected for verification.
(c) Inspections and Verification of Response Resources
(1) OSROs seeking a Rating are subject to unannounced inspections anytime prior and subsequent to receiving a Rating to verify the response services cited in the application. 
(A) Any contract or sub-contract for response resources listed in the application must acknowledge OSPR personnel's right to inspect and verify listed contracted response resources as provided in this section or those response resources will not be counted. Inspection of sub-contracted response resources shall be coordinated with the OSRO whose application contains the subcontracted response resources. 
(2) The Administrator or any duly authorized representative of OSPR may do any of the following: 
(A) enter the OSRO's or sub-contractor's facility or other areas where response service equipment is stored or serviced to inspect the response services cited in the application; 
(B) document, photograph or videotape any response service equipment; 
(C) request start up, operation, or demonstration of any response service equipment or response system cited in the application; 
(D) inspect and copy any documents, reports, equipment maintenance records, employee training records, or other information required to verify the response services cited in the application. 
(3) Deficiencies noted during the inspection may result in denial of the application, or revocation or modification of the OSRO's Rating as described in Section 819.06 of this subchapter.
(4) The Administrator may accept an inspection completed by a governmental agency if all requirements of Sections 819 through 819.07 are met.
(5) OSRO Announced Drills and Inspections; and Unannounced Drills 
Announced and unannounced drills shall be conducted to verify any or all of the elements of the services provided by an OSRO in its application prior and subsequent to issuing a Rating. A drill for the protection of sensitive sites shall conform as close as possible to the response that would occur during a spill but sensitive sites shall not be damaged during the drill. The Administrator may determine if actual spill response may be substituted in lieu of a drill, as described in CCR Section 820.01(k) of this subchapter. 
(A) Announced Drills and Inspections 
All OSRO's shall submit annual drill schedules to OSPR and conduct equipment deployment and sensitive site protection exercises for equipment listed in the application, including subcontracted equipment, for any services they are Rated for. The exact dates of the exercises shall be submitted 30 calendar days prior to the exercise being conducted. 
1. At least 50% of all response equipment other than boom shall be exercised each year, and all response equipment, other than boom, shall be exercised over a two-year period. The OSRO will ensure that this equipment is identified/labeled and the same equipment is not used repeatedly for each exercise. 
2. At least 33% of the boom listed in the application shall be inspected annually, and 1/3 of that 33% shall be deployed annually, and shall be representative of the total inventory contained in the application. The OSRO shall identify/label the boom and document the deployment or inspection. 
3. For the equipment deployment exercises, the OSRO shall operate boats, boom and skimmers in each type of operating environment contained in the application. 
4. Documentation that these exercises/inspections have been performed shall be submitted to OSPR within 30 calendar days after completion of the exercise/inspection. The equipment deployment exercises pursuant this subsection will also satisfy the equipment deployment exercise requirement of Section 818.02(l)(1)(D) for any vessel or Section 817.02(k)(3) for any marine facility that utilizes the OSRO's resources to fulfill the response element of the vessel or marine facility's own plan. These exercises will not fulfill the semi-annual equipment deployment exercise requirement of marine facility-owned equipment pursuant to Section 817.02(k)(1)(B). 
5. OSROs shall ensure they coordinate equipment deployment exercises with all of their subcontractors. Full systems must be deployed and operating for all booming, on-water recovery and storage, and shoreline protection services. 
(B) Unannounced Drills 
OSROs are subject to unannounced drill(s) by OSPR to verify the ability of the OSRO to respond and deploy equipment and personnel as stated in the OSRO's application, prior and subsequent to receiving a rating. Unannounced drills will only be held to verify Ratings of 24 hours or earlier. 
1. An OSRO shall be subject to one unannounced drill per year in each ACP area in which a Rating has been issued by OSPR. However, for ACP Area 2 only (as described in Chapter 1, Section 790(g)(2)(B)), if an OSRO applies for and receives a Rating for six hours or earlier they shall be subject to one unannounced drill each year in each of the Geographic Response Plan areas (GRA) identified in the ACP. 
i. The Administrator may call a drill to test every service that the OSRO intends to provide, pursuant to the OSRO's application. Plan holders are still subject to unannounced drills for all required services, including those which OSPR does not Rate the OSRO. 
ii. Each OSRO applying to provide shoreline protection services shall be subject to one unannounced drill that tests their ability to provide sensitive shoreline site protection services in each Geographic Region (or Geographic Response Plan area, if established) in which they apply to provide services. 
2. Significant reductions in resources, as described in Section 819. 05 of this subchapter, may warrant additional unannounced drills. 
3. Failure to participate in an unannounced drill may result in denial or revocation of the OSRO's Rating as described in Section 819.06 of this subchapter. 
4. The Administrator may modify, suspend or revoke an OSRO's Rating if the OSRO fails to satisfactorily complete a drill. 
5. The Administrator may cancel an announced or unannounced drill at any time due to hazardous or other operational circumstances, which shall include but not be limited to: 
i. any unsafe activity or condition; 
ii. oil or cargo transfer operations; 
iii. inclement weather or sea state; 
iv. on-going spill response activities; 
v. emergency situation as determined by the U.S. Coast Guard Captain of the Port; 
vi. other situations or conditions as determined by the Administrator 
6. All non-governmental costs associated with an unannounced drill are the obligation of the OSRO. 
7. OSROs may identify client plan holder(s) who wish to receive credit for a drill as described in CCR Section 820.01 of this subchapter. 
8. The Administrator shall issue a written report evaluating the performance of the OSRO after every unannounced drill called by the Administrator within 30 calendar days. 
9. The Administrator shall determine whether an unannounced drill called upon the OSRO by a federal agency qualifies as an unannounced drill for the purpose of this section, as described in CCR Section 820.01(j). 
NOTE

Authority cited: Sections 8670.28 and 8670.30, Government Code. Reference: Sections 8670.19, 8670.28 and 8670.30, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment of section and Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Change without regulatory effect amending subsection (c)(2) and amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
4. Amendment of section heading, section and Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
5. Amendment of subsections (c)(3)-(5) and (c)(5)(B)1. filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
§819.04. OSRO Rating, Update, and Renewal Procedure.
Note     •     History

(a) Filing
Applications must be filed with the Administrator of the Office of Spill Prevention and Response in the Department of Fish and Game. Applications shall either be delivered in person or sent by registered mail with return receipt requested, or other means as approved by the Administrator to the Marine Safety Branch of OSPR.
(b) OSRO Rating 
(1) Upon satisfactorily meeting the requirements of this subchapter, an OSRO will receive the OSRO Rating Letter (ORL) that will state the type of response services, GRA or ACP area, Rating time frame(s), the on-water daily recovery rate or Shoreline Protection Rating from the appropriate Shoreline Protection Tables (SP Tables, see Section 790, incorporated by reference herein and posted on OSPR's website), as applicable, and any applicable conditions or restrictions. An OSRO Rating may not be assigned, transferred, or assumed. An OSRO's existing Letter of Approval issued from the Administrator shall remain valid unless modified, suspended or revoked, and shall be deemed to meet the requirements of this section for three years from the date of the letter's issuance. OSROs without a current Letter of Approval must submit a completed application within 60 calendar days prior to citing the OSRO's response equipment and services to comply with the contingency planning requirements for tank vessels, nontank vessels and marine facilities.
(2) Ratings for Containment Booming and On-Water Recovery and Storage
Ratings will reflect the type of response service(s) offered based on the projected arrival time of the response equipment and personnel within the designated operating areas. Note: Ratings for six hours or earlier require sufficient dedicated response resources ) as defined in Section 815.05(c)) or OSRO-owned and controlled resources (as defined in Section 815.05(k)). Ratings for containment booming services only will be limited to 12 hours or earlier. For containment booming and on-water recovery and storage (on-scene) means that the equipment is at the scene of the spill, and deployed and operating within one hour of arrival at the scene of the spill, but no later than the designated time frame for each Rating(s). The Rating time frames are as follows:

Ratings 	Equipment On-Scene
	0 	On-scene within 30 minutes 
	 1 	On-scene within 1 hour 
	 2	On-scene within 2 hours	(Temporary storage on-scene within 4 hours) 	 3 	On-scene within 3 hours 
	 4 	On-scene within 4 hours 
	6	On-scene within 6 hours
	12	On-scene within 12 hours
	18 	On-scene within 18 hours
	24	On-scene within 24 hours
	36	On-scene within 36 hours
	60	On-scene within 60 hours
(3) Ratings for Shoreline Protection
Ratings for shoreline protection will be based on the ability of the OSRO to meet the response requirements of the applicable Shoreline Protection Tables (SP Tables, see Section 790, incorporated by reference herein and posted on OSPR's website). Note: Subsection 819.02(d)(4)(D) lists the applicable percentage of dedicated shoreline protection boats and staff that are required for each Geographic Region. The OSRO Rating Letter (ORL) for Shoreline Protection will list the applicable SP Tables and time frames that the OSRO has been Rated.
(c) Updates 
(1) To maintain the OSRO's assigned Rating level, the following information shall be updated and submitted to OSPR: 
(A) the current list of the OSRO's client plan holders, submitted whenever there is a change in the list, and; 
(B) the current list of all owned and subcontracted oil spill response equipment and trained personnel listed in the application, that forms the basis for the assigned Rating, submitted within one year, and annually thereafter, of the anniversary date of the original Rating. 
(d) Renewal 
(1) Ratings will be assigned for a period of three years unless suspended or revoked by the Administrator or assigned a modified Rating level. An OSRO shall file an application for renewal at least 90 calendar days prior to the expiration of the Rating. Renewal applications shall have the same content as a new application, and shall follow the same review, verification and drill procedures as a new application. Modification of a Rating shall not affect the three year period.
(2) Ratings may be renewed earlier at the request of the OSRO in the event the OSRO has sustained a significant increase or decrease in response resources. 
(3) The Administrator may require an earlier or more frequent Rating renewal than that required in Subparagraph (d)(1) above. The OSRO will be notified in writing if an earlier renewal is required. The notice will include an explanation of the reasons for the earlier Rating renewal. The circumstances that would warrant an earlier renewal include, but are not limited to, the following: 
(A) a change in regulations; 
(B) the development of new oil spill response technologies as determined by the Administrator; 
(C) deficiencies in oil spill response capability identified by the Administrator as part of the Coastal Protection Review; 
(D) an increased need to protect plant and wildlife habitat; 
(E) deficiencies in oil spill response capability identified during an oil spill; 
(F) deficiencies in oil spill response capability identified during an announced or unannounced drill; 
(G) significant reductions to the OSRO's response capability; and 
(H) any other situation deemed appropriate by the Administrator. 
NOTE

Authority cited: Sections 8670.28 and 8670.30, Government Code. Reference: Sections 8670.28 and 8670.30, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Amendment of section heading, section and Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
4. Amendment of subsections (b)(1)-(2), new subsection (b)(3) and amendment of subsection (d) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
§819.05. Notice of Reduction in Response Resources.
Note     •     History

(a) The OSRO shall notify the Administrator of significant reductions in equipment, personnel or management 14 calendar days in advance. This notice may be oral, followed by a written notice as soon as possible, or in writing by facsimile or letter. If the reduction is unforeseen, oral notice shall be given immediately after becoming aware of such change. The notice shall include the identification of backup resources sufficient to maintain the OSRO's Rating level, subject to approval by the Administrator. 
(1) a significant reduction is one that would affect the OSRO's ability to respond consistent with their assigned Rating level. 
(b) It is the responsibility of the OSRO to verify and report to the Administrator any significant reductions in subcontracted equipment and personnel listed in the OSRO's application. 
(c) Failure to notify the Administrator of significant reductions in response resources may result in the modification of a Rating level or revocation of the OSRO Rating Letter. 
NOTE

Authority cited: Sections 8670.28 and 8670.30, Government Code. Reference: Sections 8670.28 and 8670.30, Government Code.
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Repealer and new section filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
§819.06. Rating Modification, Suspension, Revocation, or Denial.
Note     •     History

(a) Criteria: 
(1) Criteria for modification. The Administrator may modify an OSRO Rating at any time if the OSRO is not in compliance with the conditions of the Rating. The OSRO shall only perform at the modified Rating level until or unless the original Rating is reinstated.
(2) Criteria for suspension. The Administrator may suspend a Rating at any time if the OSRO is not in compliance with the requirements of this subchapter. In the situation where a Rated OSRO has refused to participate in an announced or unannounced drill, except as provided in Section 819.03(c)(5)(B), or is unable to successfully complete an announced or unannounced drill due to significant reductions in response resources, the Administrator may suspend the Rating at any time after the announced or unannounced drill is called. An OSRO with a suspended Rating shall not provide those services until the Rating is either modified or reinstated. The Administrator may revoke an OSRO Rating if the OSRO fails within 60 calendar days of written notification pursuant to Subsection (b) to correct deficiencies that were the cause of a Rating suspension, or if statutory enactments subsequent to the issuance of the Rating conflict with the purposes of the OSRO Rating program.
(3) Criteria for Denial. The Administrator may deny an OSRO Rating if the OSRO has failed to provide the information required in the Rating application as set forth in section 819.02 or has failed to satisfy the Application review criteria set forth in Section 819.03. If the Administrator decides to deny an OSRO Rating, the Administrator shall issue a written statement of the basis for the denial. After receiving the written statement of denial from the Administrator, the OSRO shall wait 90 calendar days before submitting a new application
(b) Procedure For Modification, Suspension, Revocation, or Denial. 

(1) When the Administrator believes there are valid grounds for modifying, suspending, revoking, or denying a Rating the OSRO shall be notified in writing of the modification, suspension, revocation or denial by certified or registered mail. A proposed revocation notice shall be issued after the 60 day period required by subsection (a)(2) above. 	The notice shall identify the Rating to be modified, suspended, revoked or denied and the reason(s) for such modification, suspension, revocation or denial, and inform the OSRO of the right to request reconsideration of a modification, suspension, revocation or denial. The Administrator may amend any notice of modification, suspension, revocation or denial at any time.
NOTE

Authority cited: Sections 8670.28 and 8670.30, Government Code. Reference: Sections 8670.28 and 8670.30, Government Code. 
HISTORY

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Repealer and new section filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
4. Amendment of section heading and section filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
§819.07. Reconsideration and Hearing Procedures.
Note     •     History

(a) Request for reconsideration. Any person may request reconsideration if that person is one of the following: 
(1) An applicant for an OSRO Rating or renewal who has received written notice of denial; 
(2) An OSRO who has a Rating modified, suspended, or revoked. 
(b) Method of requesting reconsideration. Any person requesting reconsideration of an action must comply with the following criteria: 
(1) Any request for reconsideration must be in writing, signed by the person requesting reconsideration or by the legal representative of that person, and must be submitted to the Administrator. 
(2) The request for reconsideration must be received by the Administrator within 20 calendar days of the date of notification of the decision. 
(3) The request for reconsideration shall state the reason(s) for the reconsideration, including presenting any new information or facts pertinent to the issue(s) raised by the request for reconsideration. 
(c) The Administrator shall notify the OSRO of his or her decision within 15 calendar days of the receipt of the request for reconsideration. This notification shall be in writing and shall state the reasons for the decision. The notification shall also provide information concerning the right to a hearing and the procedures for requesting a hearing. 
(d) Hearing.
The OSRO may, within 15 calendar days after receipt of notice that reconsideration has been denied, request a hearing in writing. 
(1) Any hearing required under this subchapter shall be conducted by an independent hearing officer according to the procedures specified in Government Code Section 11500 et seq. (The Administrative Procedure Act) and shall be scheduled as expeditiously as possible.
(2) After conducting any hearing pursuant to this section, the hearing officer within 30 calendar days after the hearing is held, shall issue a written decision. The decision of the hearing officer shall constitute the final administrative decision.
NOTE

Authority cited: Sections 8670.28 and 8670.30, Government Code. Reference: Sections 8670.28 and 8670.30, Government Code. 
HISTORY

1. New section filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
2. Amendment of section heading and section filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
§820.01. Drills and Exercises.
Note     •     History

(a) Exercises shall be designed to exercise either individual components of the contingency plans or the entire response plan. Components include, but are not limited to:
on-water containment and recovery;
shoreline protection;
response procedures (which includes how the plan interfaces with the State's Incident Command Structure and/or Unified Command as required by Title 8, California Code of Regulations, Subsection 5192(p)(D)(2));
notification procedures;
temporary storage and waste management procedures;
oiled wildlife care requirements;
and training related to response procedures.
Such exercises, individually or in combination, shall ensure that the entire plan is exercised at least once every three years, emphasizing spill response operations from spill discovery to completion of clean up and documentation. Any number of components may be tested during the exercises required below.
(1) For marine facilities and small marine fueling facilities:
(A) A tabletop exercise, announced or unannounced, of the spill management team(s) shall be conducted annually.
(B) Notification procedures shall be exercised quarterly for the Qualified Individual, marine facility personnel, the OSRO and the spill management team.

(C) 	A semi-annual exercise to test the deployment of facility-owned equipment, which shall include immediate containment strategies, methods to stop the spill at the source, methods to slow or stop leaks, and methods to achieve immediate emergency shutdown.

(D) 	Shoreline protection strategies shall be exercised as described in Subsection 820.01(b) below.
(E) Oil spill response organization field equipment deployment exercises for on-water recovery and for shoreline protection shall each be conducted at least once every three years. Shoreline protection strategies shall be exercised as described in Subsection 820.01(b) below.
(F) The owner/operator shall maintain adequate records of drills and exercises, for a period of at least three years, to include records of any drills and exercises of the oil spill response organization and resources identified in the contingency plan. These records shall be maintained at the marine facility and shall be available for inspection by the Administrator.
(2) For Tank vessels, nontank vessels and vessels carrying oil as secondary cargo, as applicable:
(A) A shore-based spill management team tabletop exercise shall be conducted annually. This exercise shall be conducted in California at least once every three years.
(B) Onboard emergency procedures and Qualified Individual notification drills shall be conducted quarterly, or 72 hours prior to entering marine waters, whichever is less often;
(C) Oil spill response organization field equipment deployment exercises for on-water recovery and for shoreline protection shall each be conducted at least once every three years. Shoreline protection strategies shall be exercised as described in Subsection 820.01(b) below.
(D) The vessel owner/operator shall maintain adequate records of drills and exercises, for a period of at least three years, to include records of any off-vessel drills and exercises (i.e., drills and exercises not held aboard the vessel) of the oil spill response organization and resources identified in the contingency plan. These records shall be maintained at the United States location of either the Qualified Individual or the vessel owner/operator. Contingency plans should indicate the location of these records. All exercises conducted aboard the vessel shall be documented in the vessel's log.
(3) Drills shall be designed to exercise either individual components of the contingency plans or the entire response plan. Such drills, individually or in combination, shall ensure that the entire plan is exercised at least once every three years.
(4) The owner/operator shall ensure that records sufficient to document a drill or exercise are maintained for three years following the completion of the drill or exercise. All such documentation must be made available to the Administrator upon request.
(b) Shoreline Protection Strategies for Sensitive Sites
(1) Marine facility owners/operators are required to exercise shoreline protection response strategies for all ACP-listed sensitive sites within the area identified as impacted. Marine facility owner/operators may use their own trajectories to identify impacted areas.
(2) Vessel owner/operators are required to exercise the shoreline protection response strategies that are identified in the applicable Shoreline Protection Tables (SP Tables, see Section 790, incorporated by reference herein and posted on OSPR's website). All owner/operators may participate in the OSPR Sensitive Site Strategy Evaluation Program (as defined in Section 790) or shall submit a yearly schedule to OSPR which lists four sensitive sites to be exercised. Owner/operators are required to demonstrate to the Administrator that these areas have been exercised, either with owner/operator-owned equipment or through a Rated OSRO under contract with the owner/operator.
(A) Each schedule shall be approved or denied within 180 days after receipt by the Administrator.
(B) The Administrator shall determine whether each schedule adequately assures that the shoreline protection strategies for all sensitive sites identified as potentially impacted will be exercised. If it is determined that a schedule is inadequate, it will be returned to the submitter with a written explanation of deficiencies and, if practicable, suggested modifications or alternatives.
(c) The Administrator may call a drill or conduct an inspection, to validate all or part of a contingency plan. This drill or inspection may be announced or unannounced.
(d) To receive credit from OSPR for an exercise, the following notification requirements must be met:
(1) The plan holder shall invite the Administrator to participate in both the equipment deployment exercises and the management team tabletop exercises and shall submit written notification including, but not limited to, the following information: company name, address, marine facility or tank vessel name, OSPR contingency plan number, point of contact, phone/FAX number, e-mail address, type of exercise, date, time and location of exercise, sensitive sites being tested, exercise scenario description, plan components to be tested, and other participants in the drill. The plan holder may use the OSPR Exercise Notification Form (FG OSPR 1964 11/2008) or a document that includes the same information as the Notification Form, for this purpose. Notification may be made via letter, E-mail, or fax and sent to:

DRILLS AND EXERCISES COORDINATOR
DEPARTMENT OF FISH & GAME/OSPR
POST OFFICE BOX 944209
SACRAMENTO, CALIFORNIA 94244-2090
FAX: DRILLS AND EXERCISES COORDINATOR,
DFG/OSPR, (916) 324-9786
(2) The Administrator shall be given advance notice of a minimum of 30 days for in-state semi-annual equipment deployment drills and discussion-based tabletop exercises (which is a discussion only of response to an oil spill scenario and involves no role playing); 60 days for all other in-state drills and exercises. Notification timeframes for out-of-state drills can be found in Subsection (h)(2) of this section
(e) The Administrator shall determine if the elements of the plan were adequately tested by the exercise scenario and the response of the participants. 
The Administrator shall give credit for all exercise objectives successfully tested during the exercise. Objectives not successfully tested during the exercise will not receive credit and shall be exercised again within the three year cycle. Exercise objectives shall include, but not be limited to, the following (as set forth in Appendix B of the PREP guidelines, as applicable):
(1) Notifications: Test the notification procedures identified in the contingency plan;
(2) Staff mobilization: Demonstrate the ability to assemble the spill response organization identified in the contingency plan;
(3) [Reserved]
(3.1) Unified Command: Demonstrate the ability of the spill response organization to form or interface with a Unified Command;
(3.1.1) Federal Representation: Demonstrate the ability to consolidate the concerns and interests of the other members of the unified command into a unified strategic plan with tactical operations;
(3.1.2) State Representation: Demonstrate the ability to function within the unified command structure;
(3.1.3) Local Representation: Demonstrate the ability to function within the unified command structure;
(3.1.4) Responsible Party Representation: Demonstrate the ability to function within the unified command structure;
(3.2) Response Management System: Demonstrate the ability of the response organization to operate within the framework of the response management system identified in their respective plans;
(3.2.1) Operations: Demonstrate the ability to coordinate or direct operations related to the implementation of action plans contained in the respective response and contingency plans developed by the unified command;
(3.2.2) Planning: Demonstrate the ability to consolidate the various concerns of the members of the unified command into joint planning recommendations and specific long range strategic plans. Demonstrate the ability to develop short range tactical plans for the operations division;
*(CA1) Situation Unit: Demonstrate the ability to collect, organize, and disseminate information about the current status of the spill;
*(CA2) Resource Unit: Demonstrate the ability to maintain the status of all incident resources;
*(CA3) Environmental Unit: Demonstrate the ability to prepare environmental data including assessments, modeling, surveillance, resources at risk, and impacts on environmentally sensitive sites.
*(CA4) Resources at Risk Technical Specialist: Demonstrate the ability to identify natural resources thought to be at risk from exposure to spilled oil through the gathering and analysis of known and anticipated oil movement and the location of natural, cultural and economic resources, and to prioritize a list of resources for protection based on the relative important of the resources and relative risk of exposure.
(3.2.3.) Logistics: Demonstrate the ability to provide the necessary support of both the short term and long term action plans;
(3.2.4) Finance: Demonstrate the ability to document the daily expenditures of the organization and provide cost estimates for continuing operations;
(3.2.5) Public Affairs: Demonstrate the ability to form a joint information center and provide the necessary interface between the unified command and the media;
(3.2.6) Safety Affairs: Demonstrate the ability to monitor all field operations and ensure compliance with safety standards;
(3.2.7) Legal Affairs: Demonstrate the ability to provide the unified command with suitable legal advice and assistance;
(CA5) Liaison Officer: Demonstrate the ability to establish and coordinate interagency communication and cooperation;
(4) Source Control: Demonstrate the ability of the spill response organization to control and stop the discharge at the source;
(4.1) Vessel Emergency Services (formerly called Salvage): Demonstrate the ability to assemble and deploy the vessel emergency services resources identified in the response plan;
(4.2) Firefighting: Demonstrate the ability to assemble and deploy the firefighting resources identified in the response plan;
(4.3) Lightering: Demonstrate the ability to assemble and deploy the lightering resources identified in the response plan;
(4.4) Other Vessel Emergency Services (formerly called Salvage) Equipment and Devices: Demonstrate the ability to assemble and deploy other vessel emergency services equipment and devices identified in the response plan;
(5) Assessment: Demonstrate the ability of the spill response organization to provide an initial assessment of the discharge and provide continuing assessments of the effectiveness of the tactical operations;
(6) Containment: Demonstrate the ability of the spill response organization to contain the discharge at the source or in various locations for recovery operations;
(7) Recovery: Demonstrate the ability of the spill response organization to recover, mitigate, and remove the discharged product. Includes mitigation and removal activities, e.g., dispersant use, in-situ burning use, and bioremediation use.
(7.1) On-water Recovery: Demonstrate the ability to assemble and deploy the on-water response resources identified in the response plans;
(7.2) Shore-based Recovery: Demonstrate the ability to assemble and deploy the shoreside response resources identified in the response plans;
*(CA6) Dispersants: Demonstration the ability to evaluate the use of chemical dispersants utilizing the state and federal dispersant use policies and procedures adopted in the Region IX Regional Contingency Plan and the federal area plans, including: identify and mobilize the necessary equipment and personnel; utilize the appropriate FOSC checklists and evaluation forms (pre-approval or case-by-case dispersant use approval); activate the Regional Response Team (RRT) for case-by-case dispersant approval and provide sufficient information for a recommendation to be made by the RRT; develop all necessary documentation of actions taken; and, if appropriate, develop a dispersant use plan for inclusion in the Incident Action Plan (IAP).
*(CA7) In-situ Burning: Demonstrate the ability to evaluate the use of in-situ burning utilizing state and federal policies and procedures as adopted in the federal area contingency plans, including: identify and mobilize the necessary equipment and personnel; establish and coordinate communications with the local air quality management districts; complete the in-situ burning checklists and evaluation forms; activate the Regional Response Team (RRT) and provide sufficient information for a recommendation to be made by the RRT; document actions taken; and, if appropriate, develop an in-situ burning plan for inclusion in the IAP.
*(CA8) Bioremediation: Demonstrate the ability to evaluate the use of bioremediation utilizing state and federal policies and procedures as adopted in the federal area contingency plans, including: identify and mobilize the necessary equipment and personnel; develop all necessary documentation of actions taken; and, if appropriate, develop a bioremediation plan for inclusion in the IAP.
(8) Protection: Demonstrate the ability of the spill response organization to protect the environmentally and economically sensitive areas identified in the approved Area Contingency Plans;
(8.1) Protective Booming: Demonstrate the ability to assemble and deploy sufficient resources to implement the protection strategies contained in the Area Contingency Plan and the respective industry response plan;
(8.2) Water Intake Protection: Demonstrate the ability to quickly identify water intakes and implement the proper protection procedures from the Area Contingency Plan or develop a plan for use;
(8.3) Wildlife Recovery and Rehabilitation: Demonstrate the ability to quickly identify these resources at risk and implement the proper protection procedures from the Area Contingency Plan or develop a plan for use;
(8.4) Population Protection: Demonstrate the ability to quickly identify health hazards associated with the discharged product and the population at risk from these hazards, and implement the proper protection procedures from the Area Contingency Plan or develop a plan for use;
(9) Disposal: Demonstrate the ability of the spill response organization to dispose of the recovered material and contaminated debris.
(CA9) Waste Management: Demonstrate the ability of the spill response organization to properly manage the recovered product and to develop a waste management plan for approval by the Unified Command. The plan will include appropriate procedures for obtaining permits and/or waivers, waste characterization, waste minimization, volumetric determination, and overall waste management and final disposition, as appropriate;
(10) Communications: Demonstrate the ability to establish an effective communications system for the response organization;
(10.1) Internal Communications: Demonstrate the ability to establish an intra-organization communications system. This encompasses communications both within the administrative elements and the field units;
(10.2) External Communications: Demonstrate the ability to establish communications both within the administrative elements and the field units;
(11) Transportation: Demonstrate the ability to provide effective multi-mode transportation both for execution of the discharge and support functions;
(11.1) Land Transportation: Demonstrate the ability to provide effective land transportation for all elements of the response;
(11.2) Waterborne Transportation: Demonstrate the ability to provide effective waterborne transportation for all elements of the response;
(11.3) Airborne Transportation: Demonstrate the ability to provide the necessary support of all personnel associated with the response;
(12) Personnel Support: Demonstrate the ability to provide the necessary support of all personnel associated with the response;
(12.1) Management: Demonstrate the ability to provide administrative management of all personnel involved in the response. This requirement includes the ability to move personnel into or out of the response organization with established procedures;
(12.2) Berthing: Demonstrate the ability to provide overnight accommodations on a continuing basis for a sustained response;
(12.3) Messing: Demonstrate the ability to provide suitable feeding arrangements for personnel involved with the management of the response;
(12.4) Operational/Administrative Spaces: Demonstrate the ability to provide suitable operational and administrative spaces for personnel involved with the management of the response;
(12.5) Emergency Procedures: Demonstrate the ability to provide emergency services for personnel involved in the response;
(13) Equipment Maintenance and Support: Demonstrate the ability to maintain and support all equipment associated with the response;
(13.1) Response Equipment: Demonstrate the ability to provide effective maintenance and support for all response equipment;
(13.2) Response Equipment (Support): Demonstrate the ability to provide effective maintenance and support for all equipment that supports the response. This requirement includes communications equipment, transportation equipment, administrative equipment, etc;
(14) Procurement: Demonstrate the ability to establish an effective procurement system;
(14.1) Personnel: Demonstrate the ability to procure sufficient personnel to mount and sustain an organized response. This requirement includes ensuring that all personnel have qualifications and training required for their position within the response organization;
(14.2) Response Equipment: Demonstrate the ability to procure sufficient response equipment to mount and sustain an organized response;
(14.3) Support Equipment: Demonstrate the ability to procure sufficient support equipment to support and sustain an organized response;
(15) Documentation: Demonstrate the ability of the spill response organization to document all operational and support aspects of the response and provide detailed records of decisions and actions taken. These documents shall be provided to the Administrator upon request.
*California-specific requirements
(f) The plan holder shall provide written (hard copy or electronic) documentation in order to receive credit from OSPR for any exercise conducted. All documentation is subject to verification by the Administrator, including confirmation of participation of personnel listed. The documentation shall be submitted to the Drills and Exercises Program within 60 days after completion of the drill. It shall include, but not be limited to, the following:
(1) the contingency plan number including point of contact, phone number and e-mail address;
(2) a list of all other participants, their roles, and contact information, including contingency plan numbers if applicable;
(3) a list of all components of the contingency plan tested;
(4) a list of all ACP-listed sensitive site protection response strategies tested and documentation of actual deployment, if applicable;
(5) a list of other regulatory agencies attending the drill or exercise, if any; and,
(6) an exercise evaluation that describes how all tested objectives were met, including supporting documentation such as the site safety plan, incident action plan, disposal plan, communications plan, etc, as appropriate.
(7) for all exercises:
(A) information that demonstrates whether the required drills as listed in subsection in (a) above, have been conducted. The Evaluator Work Sheet (FG OSPR 1963 3/13/09) or a form that includes the same information may be used to gather this information. This information shall be kept by the Plan Holder for 3 years and made available to the Administrator upon request;
(B) information of either concern or benefit to the local Area Planning Committee or the applicable California Harbor Safety Committee including, but not limited to, the following: plan components tested, observations and description of successful positive action or statement of problem, and any recommendations for suggested action or improvement to Area Contingency Plans, marine facilities and vessel plans, OSROs, federal agencies, state agencies, local agencies, training or exercise programs. Lessons learned should be incorporated into future exercises. This information shall be kept by the Plan Holder for 3 years and made available to the Administrator upon request.
(8) for all tabletop exercises:
(A) information including, but not limited to, the following: point of contact, and phone number and e-mail address, date of exercise; location; time started/time completed; the response plan scenario used; size of spill; evaluation of the spill management team(s) knowledge of the oil spill response plan; determination of proper notifications; evaluation of the communications system; ability to access contracted OSROs; ability to coordinate spill response with On-Scene Coordinator, state and applicable agencies; and ability to access sensitive site and resource information in the Area Contingency Plan if referenced. The Spill Management Team/Tabletop Exercise Report (FG OSPR 1966 12/2/08), or a form that includes the same information, may be used to gather this information. 
(9) for all equipment deployment exercises:
(A) information including, but not limited to, the following: date; identity of marine facility or vessel; location(s); time started/completed; equipment ownership; a list of type and amount of all equipment deployed and number of support personnel employed; description of the exercise goals and a list of any Area Contingency Plan strategies tested, with a sketch of equipment deployments and booming strategies; if marine facility-owned equipment, was at least the amount of equipment deployed necessary to respond to the average most probable spill; was equipment deployed in its intended operating environment; was a representative sample of OSRO-owned equipment deployed; was the OSRO-owned equipment deployed in its intended operating environment; description of the marine facility's comprehensive training and equipment maintenance programs; did personnel responsible for equipment deployment actually deploy the equipment; and was deployed equipment operational. The Equipment Deployment Evaluation Form (FG OSPR 1965 12/2/08), or a form that includes the same information, may be used to gather this information.
(10) a list or check sheet showing what documentation has been submitted as part of the credit request.
(g) The Administrator shall issue exercise credit via e-mail, for objectives met during the exercise, within 90 days to the plan holder for any exercise attended by OSPR personnel, which evaluates the adequacy of the exercise scenario to test elements of the plan and its implementation, and the response of the participants. Any inadequacies noted in the Administrator's report must be addressed in writing by the plan holder within 60 days of the receipt of the Administrator's report. The plan holder's response shall propose remedies to the noted inadequacies including, but not limited to, any necessary changes to the plan, any changes in contracted or owned response resources, changes in or additions to training, and/or the need for additional drills or exercises. The plan holder's response shall include a schedule for implementing the remedies. The Administrator may audit all drill documentation to verify that the drill was done in accordance with the credit request.
(h) Substitution
(1) In-State Exercises
In substitution for the exercises required by Subsection (a) above, the Administrator may accept an exercise conducted by the marine facility or vessel, and called by an agency other than the OSPR, if all of the following conditions are met:
(A) the exercise tests one or more of the following: the marine facility or vessel's spill management team and spill response organization; deployment of the facility or vessel's response equipment; or deployment of other response resources identified in the contingency plan; and
(B) the exercise is conducted with the U. S. Coast Guard, or another local, state or federal agency and the OSPR has been invited with the minimum notification required in Section 820.01(d)(2). For unannounced drills called by the U.S. Coast Guard, or a local, state, or federal agency, this notification timeframe is waived; and,
(C) except for the unannounced drills described in (h)(1)(B) above, the plan holder has received prior approval for the exercise substitution from the Administrator, and,
(D) the Administrator finds the plan components tested and evaluation criteria equal to or exceeding those of the OSPR.
(2) Out-of-State Exercises
The only exercise that can be substituted under this Subsection (2) is an exercise of the spill management team that would be responsible for responding to a spill in California.
However, at least once in every three year drill cycle, the annual spill management team tabletop exercise must be conducted in California.
To receive credit for a spill management team tabletop exercises conducted out-of-state, OSPR must be notified and invited to an exercise conducted out-of-state at least 45 days prior to the exercise, and at least 30 days prior to an exercise conducted out-of-country. The Administrator must also find that the exercise objectives and evaluation criteria are equal to or exceeding the criteria required by OSPR for an in-state exercise. This can be met by utilizing one of the following options:
(A) The United States Coast Guard or other qualified agency, such as a member of the Pacific States/British Columbia Task Force or other agency acceptable to the Administrator, has participated in the drill and evaluation. Only National Preparedness for Response Exercise Program (NPREP) objectives can be credited; or

(B) 	If United States Coast Guard or other qualified agency, such as a member of the Pacific States/British Columbia Task Force or other agency acceptable to the Administrator, has not participated and evaluated an out-of-state drill, the plan holder shall use and submit all the documentation in Subsection (f) of this section, as appropriate. Only NPREP objectives can be credited for this option. 
(C) In addition to NPREP objectives, California-specific objectives may be met during out-of-state exercises only when a scenario based in California is used and an approved Independent Drill Monitor (IDM) provides the evaluation. The approval process for an IDM is specified in Subsection (3), below.
(3) Independent Drill Monitors
(A) IDM Application Content
1. The IDM applicant's name, mailing address, facsimile and telephone number(s). 
2. A copy of at least one drill evaluation in which the applicant has participated.
3. A minimum of three (3) written letters of recommendation by individuals familiar with the applicant's performance at drills.
4. The following attestation language, signed and dated by the application:
“The information provided regarding my experience, qualifications, and dates of employment is factual and correct to the best of my knowledge and belief. Upon request of the Administrator, I agree to participate in announced drills as set forth in Section 820 of this subchapter to verify any or all of the information contained in this application, prior and/or subsequent to receiving approval.” 
(B) Qualifications for Application
An individual or entity may apply for consideration as an Independent Drill Monitor (IDM) for oil spill exercise evaluation outside of the State of California. OSPR will approve IDMs based on experience, training, and knowledge of California's regulatory requirements.
An application for an IDM must document the following minimum qualifications:
1. At least five (5) years of job experience in spill response and drills, with experience specific to California-specific objectives. 
2. Documentation of training in the Incident Command System (ICS) (ICS-100, 200, 300, 400 and IS 700 and 800, Federal Emergency Management Agency) and Enhanced Exercise Design and Evaluation (California Specialized Training Institute, California Emergency Management Agency), the Homeland Security Exercise Evaluation Program training session or equivalent.
3. An IDM cannot currently be employed by the plan holder or the Spill Management Team of the drill being evaluated. 
(C) Application Filing Requirements and Fee
1. Applications must be filed with the Administrator of the Office of Spill Prevention and Response. Applications shall either be delivered in person or sent by registered mail with return receipt requested, or other means as approved by the Administrator, to the Drills and Exercises Program of OSPR.
2. Application Fee
Each IDM applicant shall submit a nonrefundable USD $1,000 fee to cover OSPR's costs to implement this program.
(D) Application Confidentiality
1. An applicant may request that proprietary information be kept confidential. Such a request must include justification for designating the information as confidential. The Administrator will make a determination regarding that information which may be considered confidential and removed from any copy of the application that is made available for public review.
2. Any information designated as confidential must be clearly identified as proprietary.
3. If an applicant designates information as confidential, two different copies of the application must be submitted as follows:
a. one copy must contain the confidential information. This application will be utilized in the review process;
b. one copy must be submitted with the confidential information removed. This copy will be available for public review. This application must contain sufficient information in place of the confidential information so that any individual reviewing the application will understand all the elements of the application.
(E) Application Review
An application will be reviewed within 90 calendar days of receipt by OSPR. If the application requirements are not met, applicant will be contacted regarding any missing documentation or qualifications. Deficiencies noted in the application review may result in denial of the application.
(F) Interview
If the application requirements are determined to have been met, the applicant will be contacted for an interview. During the interview, the applicant must demonstrate the following:
1. the ability to communicate effectively;
2. related experience in drill evaluation; and, 
3. knowledge and understanding of California Drills and Exercises regulations.
Deficiencies noted during the interview may result in denial of the application.
(G) Participation in California Drills
Upon request of the Administrator, the applicant may be required, at their own expense, to participate in a California drill under observation by an OSPR Drills and Exercises Program Drill Coordinator.
(H) IDM Approval and Renewal Procedure
1. Approval of an IDM Application
a. Upon satisfactorily meeting the requirements of this subchapter the applicant will receive a Letter of Approval. The Letter may not be assigned, transferred, or assumed. The Letter will remain valid unless suspended or revoked, and shall be deemed to meet the requirements of this section for three years from the date of the Letter's issuance. 
b. OSPR's Drills and Exercises Program will maintain a list of all approved IDMs for use by out-of-state drill conductors.
2. Renewal
a. Approval will be granted for a period of three years unless suspended or revoked by the Administrator. An IDM shall file an application for renewal at least 90 calendar days prior to the expiration of the Letter of Approval. 
b. The Administrator may require an earlier renewal. The IDM will be notified in writing if an earlier renewal is required. The notice will include an explanation of the reason(s) for the earlier approval renewal. The circumstances that would warrant an earlier renewal include, but are not limited to, a change in regulations or statute.
(I) Denial of IDM Application.

The Administrator may deny approval of an application if the applicant has failed to provide the information required in the application as set 	forth in Section 820.01(h)(3) or has failed to satisfy the application review or interview criteria. If the Administrator decides to deny an IDM approval, the Administrator shall issue a written statement of the basis for the denial. After receiving the written statement of denial from the Administrator, the applicant shall wait 90 calendar days before submitting a new application. The written statement shall identify the reason(s) for the denial, and inform the IDM of the right to request reconsideration of the denial. 
(J) Procedure for Revocation of an IDM Application.
When the Administrator believes there are valid grounds for revoking an existing Letter of Approval, the IDM shall be notified in writing of the revocation by certified or registered mail. A proposed revocation notice shall be issued after a period of 60 days. The notice shall identify the reason(s) for the revocation, and inform the IDM of the right to request reconsideration of the revocation. The Administrator may amend any notice of revocation at any time.
(K) IDM Exercise Participation Process 
1. An approved IDM will utilize OSPR's standard evaluation forms, or forms that contain the same information, to document those drills (see CCR Section 820.01(f)). 
2. Within 14 days of the out-of-state exercises specified in subsection (h)(2), the IDM shall submit a preliminary evaluation and supporting documentation of the California-specific objectives to OSPR; finalized information is to be submitted within 45 days of the completion of the exercise. 
3. The exercise evaluation shall include a description of how all tested California-specific objectives were met, including supporting documentation such as the site safety plan, incident action plan, disposal plan, communications plan, etc.
(i) OSRO Exercises
An exercise of an OSRO's services may fulfill the equipment deployment exercise requirement of Subsection (a)(1) above for any marine facility, or Subsection (a)(2) above for any vessel, that utilizes the OSRO's plan to fulfill the response requirements of the facility's or vessel's own plan. These exercises will not fulfill the semi-annual equipment deployment exercise requirement of marine facility-owned equipment pursuant to Subsection (a)(1)(C). OSRO's who participate in the OSPR Sensitive Site Strategy Evaluation program (as defined in S. 790) may meet the shoreline protection exercise requirement of Subsection (b)(1) above for marine facilities, or Subsection (a)(2) above for vessels.
(j) Unannounced Exercises 
An unannounced exercise may be used to satisfy the exercise requirements of this subsection under the following conditions:
(1) The owner/operator shall submit a written request to the administrator within 90 days after the unannounced exercise is conducted asking that the exercise be considered in substitution for one or more of the required exercises, and;
(2) the exercise tests one or more of the following: 1) the marine facility's or vessel's spill management team and spill response organization, 2) deployment of the facility's or vessel's response equipment, or 3) deployment of other response resources identified in the facility's or vessel's plan.
(k) Actual Spill
(1) Actions taken in response to an actual spill in California may be considered for exercise credit. Credit may be granted upon request of the plan holder if all of the following conditions are met:
(A) OSPR receives the documentation, as appropriate, outlined in Section 820.01(f) within 60 days of the conclusion of the response; and,
(B) OSPR receives documentation of the California Emergency Management Agency (Cal-EMA) oil spill notification, and the plan holder provides all the information required on the OSPR Notification Form (FG OSPR Form 1964); and,
(C) activation of the spill management team is successfully accomplished; and,
(D) OSPR or another regulatory agency responds to the spill. A written response/evaluation by the plan holder may be accepted by OSPR in lieu of an agency report if an agency report is not prepared; and,
(E) the response was carried out in accordance with an approved contingency plan, the appropriate Area Contingency Plan, and/or in accordance with the directions of the Administrator or Federal On-Scene Coordinator.
NOTE

Authority cited: Sections 8670.10 and 8670.28, Government Code. Reference: Sections 8670.7, 8670.10, 8670.28, 8670.29 and 8670.30, Government Code.
HISTORY

1. New section filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
2. Change without regulatory effect amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
3. Amendment of section heading and section filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
4. Amendment of subsections (d)(1)-(2), (f), (f)(2) and (f)(4), repealer of subsection (f)(5), subsection renumbering, amendment of newly designated subsections (f)(6), (f)(7)(A)-(B), (f)(8)(A)-(B) and (f)(9)(A), amendment of subsections (g), (h)(1)(B)-(C) and (h)(2), repealer and new subsections (h)(2)(A)-(C), new subsections (h)(3)-(h)(3)(K), amendment of subsections (k)-(k)(1)(B) and (k)(1)(D)-(E) and repealer of subsections (k)(1)(F)-(G) filed 5-3-2010; operative 7-1-2010 (Register 2010, No. 19).
Subchapter 4. Oil Spill Contingency Plans, Nontank Vessels
§825.01. General Outline.
History

825.01 General Outline.
825.03 Purpose and Scope 
825.05 Definitions  
825.07 General Requirements 
826 Plan Submittal, Review and Approval 
826.01 Plan Submittal
826.02 Plan Format
826.03 Plan Review and Approval
826.04 Plan Implementation and Use
826.05 Plan Updates/Resubmission
826.06 Compliance Requirements/Penalties
827 Nontank Vessel Contingency Plans 
827.01 Applicability
827.02 Nontank Vessel Plan Content 
HISTORY

1. New subchapter 4 (sections 825.01-827.02) and section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).  
§825.03. Purpose and Scope.
Note     •     History

This subchapter sets forth planning requirements for oil spill prevention and response for nontank vessels (300 gross tons or greater) in California. The planning requirements specify that the owner/operator of a nontank vessel must own or have contracted for on-water recovery and storage resources sufficient to respond to all spills up to the reasonable worst case spill volume in the time frames specified. The owner/operator shall also demonstrate through contracts(s) or other approved means, the shoreline protection response resources necessary to protect each type of shoreline and all applicable sensitive sites as outlined in the appropriate Shoreline Protection Tables (SP Tables, see Section 790, incorporated by reference herein and posted on OSPR's website). The Tables representing High Volume port areas (i.e., the San Francisco and Los Angeles/Long Beach Tables) will go into effect on May 1, 2007; all other Tables will go into effect on September 1, 2007. Equipment in addition to that under contract must be identified, and a call-out procedure in place to access additional response resources if needed. For the purpose of meeting the regulatory requirements herein, contracts for booming, on-water recovery and storage, and shoreline protection services can only be made with OSRO's Rated by the Office of Spill Prevention and Response. For other required services (e.g., shoreline clean-up, waste management, spill response management, etc.) contracts or other approved means with non-rated OSRO's may be used.
The equipment that the owner/operators have available must also be applicable to the areas of intended use. Nontank vessel owner/operators shall demonstrate adequate emergency services as described, by sufficient in-house capability or a signed, valid contract with a vessel emergency services provider.
The information required by this subchapter must be submitted to the Office of Spill Prevention and Response (OSPR), and maintained by the owner/operator, in separate volumes. A principal volume will be compiled to contain all the required information, calculations, studies, maps and related data. A separate volume will be set up as a initial response activity manual and will contain only the information that response personnel will need at the time of a spill to facilitate the immediate notification and response actions that are mandated. 
To the greatest extent possible, California has endeavored that this subchapter be consistent with the scope and intent of California's tank vessel oil spill contingency plan regulations, the enabling legislation Senate Bill 1644 (Chapter 964, Statutes of 1998), the Federal oil spill response regulations, and the Area Contingency Plans (ACP) completed by the U.S. Coast Guard, State Agencies, and local governments, with public participation, as required by the Oil Pollution Act of 1990 (33 USC 2701, et seq.). Consideration shall be given to the differences in environmental risk between spills from nontank vessels and tank vessels. Information developed to demonstrate compliance with other applicable Federal, State, and International (e.g., International Maritime Organization, etc.) requirements may be used to demonstrate compliance with all or part of this subchapter to the extent that the information meets the requirements of this subchapter.
NOTE

Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.28 and 8670.29, Government Code. 
HISTORY

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).  
2. Change without regulatory effect amending last two paragraphs filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of section and Note filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
§825.05. Definitions.
Note     •     History

In addition to the definitions in Chapter 1, Section 790 of this subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1: 
(a) “Contract or Other Approved Means”:
(1) includes either of the following: 
(A) A written, signed contract, or written certification of active membership, between a plan holder and an Oil Spill Response Organization(s) (OSRO) rated by OSPR (as specified in Section 819.01 of this subchapter) This contract shall identify and ensure the availability of the required personnel and equipment capable of responding to an oil spill within the stipulated response times and in the specified Geographic Regions in which the nontank vessel; or
(B) Written certification that the necessary personnel and equipment are owned or operated by the plan holder and are available within the stipulated response times and in the specified Geographic Regions;
(2) The owner/operator shall notify the Administrator within five days of a change in contracted resources/membership with a local or regional OSRO. 
(3) A contract between a plan holder and an OSRO shall not contain a provision requiring the plan holder to notify the OSRO in advance, in order to guarantee response services for two hours and beyond (as specified in Section 819.04(b)(2) of this subchapter) for containment booming and on-water recovery services. It may contain provisions to notify the OSRO 24 hours in advance before entering California marine waters, to meet the 0-12 hour shoreline protection requirement. This advance notice requirement is only for vessels that operate in those areas not identified as High Volume ports. For immediate (less than 2 hours) spill response coverage during oil transfer operations, advance notice to the OSRO is also allowed. A plan holder shall comply with all other applicable contractual provisions or the contingency plan will immediately be nullified, and the plan holder will be operating in marine waters without an approved contingency plan, which is in violation of Section 826.06 of this subchapter.
(b) “Dedicated Response Resources” means equipment and personnel committed solely to oil spill response, containment, and cleanup that are not used for any other activity that would adversely affect the ability of that equipment and personnel to provide oil spill response services in the time frames for which the equipment and personnel are Rated. Ratings of six hours or earlier require either dedicated response resources or OSRO-owned and controlled response resources, as specified in Section 819.04(b)(2) of this subchapter.
(c) “Equipment Deployment Exercise” means an exercise of oil spill response equipment identified in an oil spill contingency plan or an OSRO application, through its actual deployment and operation as it would be used in spill response efforts in an environment of similar water depth, current velocity, tidal range, and substrate, where the equipment may need to be used in an actual oil spill response.
(d) “Implementation of the Plan” means that all essential provisions have been taken to enable the plan or any portion of the plan to become operational. 
(e) “Innocent Passage” means navigation through the territorial sea for the purpose of traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress. 
(f) “Letter of Approval” means a written document issued by the Office of Spill Prevention and Response to the plan holder following verification, inspection and if required by the Administrator, satisfactory performance in an announced and unannounced drill, and final review and approval of the plan holder's contingency plan.
(g) “Marine Waters”, means those California marine waters subject to tidal influence and includes all waterways used for waterborne commercial nontank vessel traffic to the Port of Stockton and the Port of Sacramento.
(h) “Nontank Vessel” means a vessel of 300 gross tons or greater, other than a tank vessel, not designed to carry oil as cargo. 
(i) “OSRO-Owned and Controlled Resources” means equipment owned by the OSRO and personnel who are employed directly by the OSRO.
(j) “Plan Holder” means the owner/operator of a nontank vessel responsible for the development, submittal, update, maintenance of, and compliance with the oil spill contingency plan required under this subchapter. 
(k) “Plan Recipient” means a receiving agency and any other entity that has been designated in this subchapter to receive a copy of the nontank vessel oil spill contingency plan. 
(l) “Reasonable Worst Case Spill” means a spill of the total volume of the largest fuel tank on the nontank vessel. 
(m) “Shallow-Draft Vessel” means: 
(1) for purposes of boom deployment, a vessel that must be able to operate in water depths of two feet or less; 
(2) for purposes of skimming operations, a vessel and attendant skimming system that must be able to operate in water depths of three feet or less. 
(n) “Spill Management Team” means the personnel identified in an oil spill contingency plan to staff the organizational structure that will manage all aspects of response, containment, and clean up and is able to fully integrate into an Incident Command/Unified Command structure, as required by the National Contingency Plan and the California Oil Spill Contingency Plan. 
(o) “Tabletop Exercise” means an exercise of an oil spill contingency plan and the spill management response efforts without the actual deployment of response equipment. A tabletop exercise usually involves the enactment of a response to a simulated spill. 
(p) “Unannounced Drill” means an exercise of an oil spill contingency plan or an OSRO application initiated by OSPR without prior notice to the plan holder or oil spill response organization.
NOTE

Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.28 and 8670.29, Government Code. 
HISTORY

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).  
2. Change without regulatory effect amending subsections (a)(1), (a)(4)-(b) and (e), repealing subsections (g)-(h) and relettering subsections filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of section and Note filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
4. Amendment of subsection (a)(3) filed 11-5-2007 as an emergency; operative 11-5-2007 (Register 2007, No. 45). A Certificate of Compliance must be transmitted to OAL by 5-5-2008 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (a)(3) refiled 5-2-2008 as an emergency; operative 5-2-2008 (Register 2008, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-31-2008 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-28-2008 order transmitted to OAL 7-25-2008 and filed 8-6-2008 (Register 2008, No. 32).
7. Amendment of subsection (n) and repealer of subsection (q) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§825.07. General Requirements.
Note     •     History

(a) A nontank vessel of 300 gross tons or greater shall not operate in marine waters unless the owner or operator has an oil spill contingency plan prepared and submitted in accordance with this subchapter for the Geographic Regions (as defined in Section 790 of this subdivision) the nontank vessel transits. Nontank vessel plan holders shall only contract with an OSRO(s) that has received a Rating by OSPR (as specified in Section 819.01 of this subchapter), for the booming, on-water recovery and storage, and shoreline protection services required. An OSRO's existing Letter of Approval issued from the Administrator shall remain valid unless revoked and shall be deemed to meet the requirements of this subchapter for three years from the date of the letter's issuance.
(b) No person shall load oil onto, or from a nontank vessel unless the following conditions are met prior to transfer operations: 
(1) after initial submittal but prior to approval of the contingency plan, the nontank vessel owner/operator must provide the owner/operator of the marine facility or vessel providing fuel with a certified copy of the letter/certificate acknowledging the receipt of the nontank vessel's oil spill contingency plan by the Administrator, if the marine facility or vessel providing fuel does not already have such a letter on file; 
(2) after approval of the initial submittal of the contingency plan, the owner/operator of the nontank vessel must provide the owner/operator of the marine facility or vessel providing fuel with a copy of the letter approving the current oil spill contingency plan for that nontank vessel if the marine facility or vessel providing fuel does not already have such a letter on file; 
(3) the nontank vessel owner/operator must notify the marine facility or vessel providing fuel of any change in the approval status not reflected by the letter on file at that marine facility; and 
(4) the owner/operator of the nontank vessel must certify that a complete copy of the initial response activity manual for that nontank vessel is on board the nontank vessel. 
(c) Each plan shall be consistent with the California Oil Spill Contingency Plan and not in conflict with the National Contingency Plan, or the applicable Federal Area Contingency Plans. 
(d) nothing in this subchapter shall, in any manner or respect, impair or limit the authority of the California Coastal Commission or San Francisco Bay Conservation and Development Commission to review federal  activities, federal development projects, or federally-permitted or licensed activities, as authorized pursuant to the Coastal Zone Management Act of 1972 (16 U.S.C., section 1451 et seq.). Nor shall this subchapter impair or limit the authority of the California Coastal Commission or San Francisco Bay Conservation and Development Commission to ensure such activities or projects are performed in a manner that is consistent, to the extent required by applicable law, with the enforceable policies of the California Coastal Management Program. Nothing in this subchapter shall, in any manner or respect, impair or limit the authority of the California Coastal Commission to ensure that development activities or projects, in which nontank vessels under 300 gross tons are involved, are performed in a manner that is consistent, to the extent required by applicable law, with the enforceable policies of the California Coastal Act.
(e) All plans shall be written in English, and the initial response activity manual portion shall also be in a language that is understood by all crew members responsible for carrying out the plan. 
NOTE

Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.28, 8670.29 and 8670.31, Government Code. 
HISTORY

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).  
2. Amendment of subsection (a), repealer of subsection (a)(5) and amendment of subsection (d) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
3. Amendment of subsection (c) and Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§826. Plan Submittal, Review and Approval.

§826.01. Plan Submittal.
Note     •     History

(a) Plans: 
Unless otherwise exempt, each owner/operator of a nontank vessel shall provide an oil spill contingency plan for that nontank vessel. The plan may be specific to an individual nontank vessel or may apply to a fleet of nontank vessels. All nontank vessel-specific elements required by Subsections 827.02(a) through (f) of this subchapter shall be addressed for an individual nontank vessel or all the nontank vessels included in a Fleet Plan. 
(1) Response Elements: 
(A) Nontank Vessel Fleet Plans 
Fleet contingency plans may be submitted by an owner/operator that has a number of nontank vessels that transit the same or substantially the same routes in marine waters. Nontank vessels may be added to a fleet tank vessel contingency plan providing all of the requirements of this subchapter are met. 
1. A fleet contingency plan shall contain all prevention and response elements required pursuant to this subchapter. 
(2) Incorporation of Other Plans and Reference Documents 
An individual or fleet contingency plan shall contain all prevention and response elements required pursuant to this subchapter. Citing specific relevant sections of appropriate reference material may be an acceptable alternative to reproducing the full text, maps, diagrams, etc., in the contingency plan. The Administrator will determine if such submissions or citations adequately meet the requirements of this subchapter prior to final plan approval. Examples of plans or other reference documents that may be submitted or cited include, but are not limited to, the following: 
(A) Plans Submitted to International, Federal or State Authorities:  Appropriate sections of plans submitted to and approved by any state, federal or international authority may be either submitted or cited, as approved by the Administrator, to meet part of the requirements contained in this subchapter. These references may include documents submitted to comply with California's tank vessel contingency plan requirements, U.S. Coast Guard requirements, or the International Safety Management (ISM) Code. 
(B) Federal Area Contingency Plans (ACP) and Geographic Response Plans (GRP): Information from ACP's and GRP's currently in effect which meet the requirements of Subsections 827.02(g) through (n) may be cited. Information from ACP's and GRP's that are not currently in effect must be submitted. 
(C) Privately Prepared Reference Documents: Private companies may prepare reference documents specifically intended to address part or all of the requirements of Subsections 827.02(g) through (n) of this subchapter. These documents may incorporate other plans or reference documents pursuant to this Subsection 826.01(a)(2). With a company's authorization, a plan holder may submit such a document in its entirety to meet part or all of the requirements of Subsections 827.02(g) through (n). 
(D) Rated OSRO: 
When contracting with an OSRO, Rated by OSPR pursuant to Title 14, California Code of Regulations (CCR) Section 819.02, to meet the oil spill response requirements under this subchapter, the owner/operator may cite the Rated OSRO application in lieu of listing the OSRO's response resources which meet the requirements of 14 CCR Section 819.02. 
1. An OSRO Rating does not guarantee the performance of an OSRO, nor does the use of an OSPR-Rated OSRO in a contingency plan relieve the plan holders of their ultimate statutory and regulatory responsibility to ensure the adequacy of the spill response resources identified in their contingency plan.
(E) If approved by the Administrator, plans, reference texts and other materials not listed above may be submitted to meet part of the requirements of this subchapter. 
(b) Time frames: 
(1)(A) A nontank vessel shall submit a contingency plan that is received by OSPR at least five working days prior to entering marine waters. 
(B) Nontank vessel owner/operators shall notify the Administrator by facsimile prior to entering marine waters for the harbors of Humboldt Bay, Port Hueneme, Monterey Bay, and San Diego, and the ports of Stockton and Sacramento. 
(c) Receiving Agencies: 
(1) One copy of the applicable contingency plan (either hard copy or electronic media -- see Section 826.02) covering each Geographic Region the nontank vessel transits shall be delivered to the Office of Spill Prevention and Response. Delivery of the plan may be in person or by registered mail with return receipt requested, or the equivalent. Additional hard copies shall be provided to an OSPR regional office upon request. 
(2) Within two working days of a request from the Administrator, additional copies (hard copy or electronic media) shall be mailed by the plan holder to other member agencies of the State Interagency Oil Spill Committee and the State Oil Spill Technical Advisory Committee. 
(3) Any additional copies shall be submitted within two working days of a request by the Administrator. 
(d) Confidentiality: 
(1) A plan holder may request that proprietary information be kept confidential. Such a request must include justification for designating the information as confidential. The Administrator will make a determination regarding that information which may be considered confidential and removed from any copy of the plan that is made available for public review. 
(A) A plan holder may also request that any reports or studies prepared or submitted under any contingency plan requirements be designated as proprietary information. Such a request must include justification for designating the report or study as confidential. 
(2) Any information designated as confidential must be clearly identified as proprietary. 
(3) If a plan holder designates information as confidential, two different copies of the plan must be submitted as follows: 
(A) one copy shall contain the confidential information. This plan will be utilized by the Administrator in the review and approval process; 
(B) one copy shall be submitted with the confidential information removed. This copy will be available for public review. This plan must contain sufficient information in place of the confidential information so that any individual reviewing the plan will understand all the notification, prevention and response elements of the plan. 
(C) Any plan submitted to any state agency, as required by this section, must include all confidential information. 
NOTE

Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.28, 8670.29 and 8670.31, Government Code. 
HISTORY

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).  
2. Change without regulatory effect repealing subsections (a)(1)(B)-(a)(1)(B)2. and amending subsections (b)(2)(B) and (d)(1)-(d)(1)(A) filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of subsection (a)(2)(D), new subsection (a)(2)(D)1., amendment of subsections (b) and (c)(1)-(2) and repealer of subsection (c)(4) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
4. Redesignation and amendment of former subsection (b)(1) as new subsections (b)(1)(A)-(B), repealer of subsections (b)(2)-(b)(2)(D) and amendment of subsection (c)(1) and Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§826.02. Plan Format.
Note     •     History

On or before December 31, 2011, OSPR will accept either an original hard copy of the contingency plan or a CD-ROM formatted contingency plan with a signed copy of the “Feasibility and Executability Statement” required by this subchapter. 
After December 31, 2011, OSPR will no longer accept original hard copies of the contingency plan. All submittals will either be made online as approved by OSPR, or in an electronic format approved by the Administrator. If changes are made to a plan, updates can either be submitted on-line, or a complete and up-to-date plan must be submitted in an electronic format approved by the Administrator.
Other documents required to be submitted with the contingency plan, such as signed contracts with Oil Spill Response Organizations or general arrangement and tank diagrams, shall be scanned and submitted in an electronic format approved by the Administrator. Although not required, it is requested that the Table of Contents be linked to the different sections of the plan. Also, if a Federal Vessel Response Plan (VRP) or other non-California plan format is used, it is requested that the plan be electronically linked to the plan sections that comply with California's requirements. Each plan shall be organized into at least two separate volumes: an initial response activity manual and a principal volume or volumes with related appendices. The format for each is outlined below:
(a) Initial Response Activity Manual: 
A simplified initial response activity manual, suitable for on-scene use in the event of a spill, which summarizes the key notification information outlined in subsection 827.02 (d) and the initial shipboard response actions necessary to minimize the impact of a spill on marine waters, shall be prepared and submitted with each plan. 
(1) Nontank vessels that have an approved Ship-board Oil Pollution Emergency Plan (SOPEP), may certify compliance with the emergency ship-board procedures requirements of the SOPEP, or may submit a copy of their Letter of Approval for their SOPEP, in lieu of providing the initial shipboard response actions specified in (a) above. The SOPEP shall be submitted to the Administrator upon request, 
(2) The initial response activity manual shall be maintained on board the nontank vessel at all times. 
(b) Principal Volume of the Plan: 
(1) The principal volume of the plan shall include all the required information including a summary of the conclusions of all studies, calculations and analyses, as applicable. 
(2) The principal volume of each plan shall be organized to facilitate access to information, and shall include: 
(A) a detailed table of contents with chapters arranged, to the extent possible, in the same order in which the requirement for that information appears in this subchapter, or alternately with a cross reference to the requirements of this subchapter; 
(B) a system of numbered chapters, sections and appendices; 
(C) index tabs for locating plan chapters; 
(D) a log sheet placed in the front of the plan for recording all amendments and updates; and 
(E) amendments and updates that are consecutively numbered and dated. 
(3) If hard copies of the plan are submitted, they shall be submitted on 8 1/2 by 11 inch paper, in a loose-leaf 3-ring binder to allow replacement of chapters or appendix pages without requiring replacement of the entire plan. Amendments and updates shall be hole-punched and in a format that will fit the binder that was submitted with the plan.
(4) All hard copy and electronic documents submitted will become the property of the Administrator. The documents will be retained by the Administrator for a minimum of three (3) years unless the plan is withdrawn by the submitter.
(c) References to Other Plans or Documents: 
If references to other plans or documents are included in a contingency plan, as specified in Section 826.01(a)(2) above, the following must also be submitted: 
(1) a listing of all the elements of the individual or fleet nontank vessel contingency plan that will be replaced by elements in the referenced plan or document, with an index specifying the location of the required elements, by regulation section, that will be met by the referenced plan or document. 
NOTE

Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.28, 8670.29 and 8670.31, Government Code. 
HISTORY

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).  
2. Amendment of first paragraph and subsection (b)(3), new subsection (b)(4) and amendment of Note filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
3. Amendment of first paragraph, new second and third paragraphs and amendment of Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§826.03. Plan Review and Approval.
Note     •     History

(a) No nontank vessel shall operate in marine waters until the owner/operator is notified that the contingency plan meets the minimum requirements listed in this subsection. A contingency plan shall be reviewed for these minimum requirements within five working days of notification that the nontank vessel is entering marine waters, and the vessel owner/operator shall be notified in writing that: 1) the plan meets the minimum requirements; or 2) the plan is deficient and what specific information is needed, and that the nontank vessel shall not enter marine waters until the following information has been provided: 
(1) Nontank vessel name, call sign, official number, length, gross tonnage, fuel type and total volume, capacity of largest fuel tank, destination, intended route while in marine waters, and address and telephone number of both the owner and operator; 
(2) Evidence of a contract or other approved means (as defined in Section 825.05 of this subchapter), documenting that the oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill, for each Geographic Region the nontank vessel transits; 
(3) Identification, including telephone number and facsimile number, of a Qualified Individual; and 
(4) Evidence of financial responsibility in the amount of three hundred million dollars ($300,000,000). Documentation that a California Certificate of Financial Responsibility is being processed will fulfill this requirement. 
(b) Time frames: 
(1) After notification that the plan meets the minimum requirements specified in Subsection (a), each plan shall be reviewed for all the requirements of this subchapter and be approved or denied within 180 days. 
(2) The Administrator shall determine whether each plan complies with the regulations governing the contingency planning process. If the administrator determines that a plan is inadequate, a written explanation of deficiencies shall be sent to the plan holder. 
(3) Upon notification of a plan's deficiencies, the plan holder will have 90 days to submit a new or modified plan, or make corrections to their original plan. Such a re-submittal shall be treated as a new submittal and processed according to the provisions of this section (b). 
(c) Prior and subsequent to plan approval, the Administrator may make an on-site inspection and require an unannounced drill of all or part of any contingency plan submitted in order to determine the plan's adequacy pursuant to the authority in Government Code Section 8670.10(a). 
(d) Public Review and Comment: Contingency plans will be made available for review by any interested member of the general public at the headquarter's office of OSPR. 
(1) Any person interested in reviewing the plan shall contact the Administrator to request an appointment to review the plan at the headquarter's office of OSPR. Copies of the plans will be provided at the cost of duplication. 
(2) Any interested person may review a plan and submit written comments prior to the Administrator's approval or disapproval of the initial plan or plan updates. Such comments will be taken into consideration in the Administrator's review process. 
(e) Plan Approval: 
(1) Unless the Administrator determines otherwise on a case-by-case basis, a contingency plan will be considered to be effective upon notification per Subsection (a) pending final approval unless and until the owner/operator is notified that the plan is inadequate per Subsection 826.03(f). 
(2) A contingency plan shall be approved if it adequately addresses all of the requirements specified in this subchapter. 
(3) Any revised plan submitted by an owner/operator in response to a notification of inadequacy shall be considered approved unless otherwise notified by the Administrator within the time frames established in Section 826.03(b). 
(4) The Administrator shall consider any comments submitted by other agencies or interested parties when approving or disapproving the plan. 
(5) The Administrator shall notify the plan holder when a contingency plan has been approved. The Administrator shall issue a letter of approval and certificate describing the conditions of approval, if any, and specifying the expiration date of the Letter of Approval and certificate. 
(f) Denial or Revocation of Plan: 
(1) Approval shall be denied or revoked if a plan does not comply or maintain compliance with this subchapter. 
(2) If approval of a contingency plan is denied or revoked, the Administrator shall notify the plan holder in writing of the reasons for denial or revocation and provide an explanation of those actions necessary to secure approval. 
(A) the plan holder shall have 90 calendar days from notification of a denied plan to submit a new or revised plan that incorporates the recommended changes, during which time the plan is considered effective pending final approval. The Administrator may, however, revoke the plan and deny entry to the nontank vessel if the plan has significant deficiencies that result in the inability of the plan holder to maintain a level of readiness as required by this subchapter.
(B) No nontank vessel shall operate in marine waters if it fails to gain approval of its contingency plan after the second submission until a subsequent submission is approved.
(C) If a plan holder fails to address plan deficiencies within 90 calendar days from notification of a denied plan, the Administrator may, without further notice, declare the plan null and void.
(g) Appeals: The plan holder may appeal a decision made by the Administrator regarding a contingency plan in accordance with the following provisions: 
(1) the plan holder may submit a written request for reconsideration to the Administrator regarding any decision of denial or revocation of approval. Requests must be submitted within 15 working days from the date the plan holder receives notice that final approval of the plan has been denied. The request must contain the basis for the reconsideration and, if available, provide evidence which rebuts the basis for the Administrator's decision regarding the plan; 
(2) within 15 working days following the receipt of the request for reconsideration, the Administrator shall send the plan holder a notice that the decision has been rescinded and that the plan is approved, or that the Administrator rejects the request for reconsideration and shall adhere to the earlier decision; 
(3) the plan holder may, within 15 working days after receipt of notice that reconsideration has been denied, request a hearing in writing. No such hearing may be requested unless and until all remedies pursuant to this section have been exhausted. The Administrator shall conduct a reconsideration hearing upon request; 
(4) the proceedings and hearings under this section shall be conducted in accordance with Chapter 4.5 (commencing with Section 11400) of Part I of Division 3 of Title 2 of the Government Code, including the right of judicial review as provided for in Section 11460.80 of the Government Code. 
(h) Proof of Approval: 
The Letter of Approval shall be presented upon request to the operator of a marine facility or vessel providing fuel prior to an oil transfer. 
(i) Liability: Approval of a plan does not constitute an express assurance regarding the adequacy of the plan in the event of a spill nor does it constitute a defense to liability on the part of the operator or owner. 
NOTE

Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.28, 8670.29 and 8670.31, Government Code. 
HISTORY

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).  
2. Change without regulatory effect amending section filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of subsection (f)(2)(A)-(B), new subsection (f)(2)(C) and amendment of subsections (g)(1), (g)(3) and (h) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
4. Amendment of subsections (a) and (f)(2)-(f)(2)(C) and Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§826.04. Plan Implementation and Use.
Note     •     History

(a) Availability: 
(1) Nontank Vessel Initial Response Activity Manual 
(A) The owner/operator shall maintain a copy of the nontank vessel's approved initial response activity manual. 
(B) The owner/operator shall maintain a copy of the nontank vessel's approved initial response activity manual on board the nontank vessel at all times. 
(C) The approved initial response activity manual must be in a central location accessible to key response personnel at all times. 
(2) The qualified individual shall maintain a complete copy of the contingency plan including the initial response activity manual and any material referenced in the plan. The plan and any referenced material must be available for use in the event of an incident. 
(3) Immediate Notification Information 
(A) the immediate response and notification information shall be posted in a conspicuous location with access to a telephone, or other similar means of communication. This information shall include the names and telephone numbers of the individuals, agencies and organizations who must be immediately notified when a spill occurs. 
(b) Implementation: 
(1) Each contingency plan shall be effective upon submittal, pending final approval, or until denied or revoked, as described in Section 826.03(f). 
(2) An owner/operator, or any of his/her agents and employees shall use and implement the contingency plan in the event of an oil spill or an oil spill drill. 
(3) Any deviation from any major element of the contingency plan must be approved by the Administrator in advance of the change. A major element is one that will affect timely and adequate oil spill response. 
(4) All involved parties shall carry out whatever direction is given by the Administrator in connection with the response, containment, and clean up of a spill. A responsible party or potentially responsible party may refuse to accept a directive from the Administrator if: 
(A) the directions of the Administrator are in direct conflict with directions from the Federal On-scene Coordinator; and/or 
(B) the party reasonably, and in good faith, believes that the directions or orders given by the Administrator will substantially endanger the public safety or the environment. 
(5) If a party refuses to accept the directive of the Administrator, the party shall state the reason why they have refused at the time of refusal, and: 
(A) the party who has refused a directive shall follow up a verbal explanation of their refusal with a written notice to the Administrator explaining in full the reason(s) for refusing the directive. The written notice must be submitted to the Administrator within 48 hours of the refusal; 
(B) the burden of proof shall be on the party to demonstrate, by clear and convincing evidence, why refusal to follow orders was justified. 
(6) Failure to implement the plan appropriately shall constitute a violation of this subchapter. 
(c) Coordination With Other Plans: 
(1) Each plan shall be consistent with an approved State Marine Oil Spill Contingency Plan and not in conflict with the National Contingency Plan. 
(2) Beginning with the first review and resubmission, each plan submitted shall be consistent with the appropriate Area Contingency Plan(s) completed by the Coast Guard, State Agencies, and Local Governments as required by the Oil Pollution Act of 1990, that are in effect on January 15 of the year in which the contingency plan update is required. 
NOTE

Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.28 and 8670.29, Government Code. 
HISTORY

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).  
2. Change without regulatory effect amending subsection (b)(1) filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of subsections (b)(3) and (c)(1) and amendment of Note filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
§826.05. Plan Updates/Resubmission.
Note     •     History

(a) Time frames: 
(1) Update and Review 
(A) The plan holder shall ensure that all plans are up-to-date and complete. All existing plans for nontank vessels shall be resubmitted for review once every five years from the date of the most recent approval letter.
(B)1. If the most recently approved plan and all updates submitted since the last plan approval letter have not changed, on or before the 5 year resubmittal due date the owner/operator shall, in lieu of submitting a complete plan as described in Subparagraph (A) above, submit correspondence to the Administrator stating that the plan currently on file with OSPR is up-to-date and complete.
2. If the contingency plan on file is over 5 years old from the date of most recent approval letter (original submission or resubmittal) and there has been no correspondence to the Administrator stating that the plan currently on file with the OSPR is up-to-date and complete, that plan will be revoked.
(C) The Administrator may require earlier or more frequent resubmission or updates than that required in Subparagraph (A). The Administrator shall notify the owner/operator in writing if an earlier resubmission or update is required. The notice shall include an explanation of the reasons for the resubmission or update and the time frame to comply with the resubmission. The circumstances that would warrant an earlier review or update include, but are not limited to, the following: 
1. a change in regulations or statute; 
2. the development of new oil spill response technologies as determined by the Administrator during any review of response capability standards; 
3. deficiencies identified during the Administrator's review of all the oil spill contingency plans; 
4. an increased need to protect plant and wildlife habitat; 
5. deficiencies in oil spill response capability identified during an oil spill; 
6. deficiencies in oil spill response capability identified during an oil spill drill; 
7. significant changes to the nontank vessel; and 
8. any other situation deemed appropriate by the Administrator where deficiencies in the ability to provide timely and effective oil spill response are identified. 
(2) Unscheduled Updates 
(A) The Administrator shall be notified as soon as possible, but at least within 24 hours, of any significant change or update to an approved plan. 
1. A significant change is one that could affect timely and adequate oil spill response including changes in nontank vessel ownership or P&I club coverage. 
2. Changes which are not significant include minor changes in equipment, personnel, or operating procedures which do not affect timely and adequate oil spill response. 
3. As soon as administratively feasible, the Administrator will approve any change that would benefit the public health and safety, improve environmental protection, or facilitate more effective response, containment and clean up. 
(b) Review and Approval of Plan Updates: 
(1) The Administrator shall deny approval of a resubmitted plan, or updated section(s) of a plan, if it is no longer adequate according to the adopted regulations in effect at the time of resubmission. 
(2) The review will be processed in accordance with the same time frames and procedures for submission of the initial plan. 
(c) Logging and Distributing the Revised Plan: 
(1) within 15-days of the Administrator's approval of revisions: 
(A) the contingency plan holder shall distribute the revised plan page(s) to all plan recipients.
Faxed updates for insertion into the plan are not acceptable. 
(2) The updated page(s) shall have an update number and date revised on the bottom of each page, and shall be accompanied by an index of updates that includes update number, date revised, page(s) revised, and subject matter of update. As an alternative to the hard copy, this information may be submitted on electronic media, in a format approved by the Administrator (see Section 826.02)).
(3) The log sheet, located in the front of the plan, shall be used to record the date the amendment was received, the initials of the individual who received the amendment, and a description of the change. 
(d) Each plan recipient and/or each plan holder, as appropriate, must incorporate and utilize all updated materials as provided by the plan holder. 
NOTE

Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.28, 8670.29 and 8670.31, Government Code. 
HISTORY

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).  
2. Change without regulatory effect amending subsections (a)(1)(A)1.-(B), (c)(1)(A) and (d) and repealing subsection (c)(1)(B) filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of subsections (a)(1)(A)-(A)1. and (c)(2) and amendment of Note filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
4. Amendment of subsection (a)(1)(A), repealer of subsection (a)(1)(A)1., new subsections (a)(1)(B)1.-2., subsection relettering and amendment of newly designated subsection (a)(1)(C) and Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§826.06. Compliance Requirements/Penalties.
Note     •     History

(a) Except as provided in Subsection 827.01(b) of this subchapter, any nontank vessel subject to the provisions of this subchapter that enters marine waters without an approved contingency plan required by this subchapter or a certificate of financial responsibility issued by the Administrator shall be subject to an administrative civil penalty of up to one hundred thousand dollars ($100,000). The Administrator shall assess the civil penalty against the owner or operator of the nontank vessel. Each day the owner/operator of such a nontank vessel is in violation shall be considered a separate violation. 
(b) Except as provided in Subsection 827.01(b) of this subchapter, any nontank vessel owner/operator who knowingly and intentionally has the nontank vessel enter marine waters without an approved contingency plan required by this subchapter or a certificate of financial responsibility issued by the Administrator is guilty of a misdemeanor punishable by up to one year of imprisonment in the county jail, or by a fine of up to ten thousand dollars ($10,000), or by both the imprisonment and a fine. Each day the owner/operator of such a nontank vessel is in knowing and intentional violation shall be considered a separate violation. 
NOTE

Authority cited: Sections 8670.28, 8670.29 and 8670.57, Government Code. Reference: Sections 8670.28 and 8670.29, Government Code. 
HISTORY

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).  
2. Amendment of Note filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
§827. Nontank Vessel Contingency Plans.

§827.01. Applicability.
Note     •     History

(a) Plans: 
Unless nontank vessels are exempt as provided in Subsection (b) below, oil spill contingency plans shall be prepared, submitted and used pursuant to the requirements of this subchapter by all nontank vessels, 300 gross tons or greater, which transit in marine waters (as defined in Section 825.05 of this subchapter). 
(b) Exemptions: 
(1) Contingency plans are not required for non-self propelled nontank vessels that do not carry any oil. 
(2) This subchapter shall not apply to a nontank vessel that enters marine waters because of imminent danger to the crew, or in an effort to prevent an oil spill or other harm to public safety or the environment. This exemption applies if the following are met: 
(A) the operator and crew comply with all orders given by the Administrator or his/her designee, unless the orders are contradicted by orders from the U.S. Coast Guard; 
(B) the nontank vessel shall leave marine waters as soon as it is safe to do so, unless a contingency plan is approved or made applicable to its operation. 
(3) Response Vessels 
Contingency plans are not required for dedicated response vessels, which are those vessels that are dedicated to conducting response activities for an oil spill incident exclusively. 
(4) Innocent Passage 
Contingency plans are not required for nontank vessels engaged in innocent passage (as defined in Section 825.05 of this subchapter) within marine waters. 
NOTE

Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.28 and 8670.29, Government Code. 
HISTORY

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).  
2. Amendment of Note filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
3. Amendment of subsection (b)(4) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
§827.02. Nontank Vessel Plan Content.
Note     •     History

Nontank vessel owner/operators shall submit an individual nontank vessel or fleet contingency plan which shall include all of the information required by Subsections 827.02 (a) through (n) for each of the Geographic Regions the nontank vessel transits. Some of the documentation described in Subsection 826.01(a)(2) may be used in lieu of developing comparable documentation to fulfill certain required contingency plan elements if the documentation meets the requirements of this subchapter. 

Note: Subsections 827.02(a) through (f) contain the nontank vessel-specific elements of an oil spill contingency plan. 
(a) Introductory Material: 
(1) The owner/operator shall provide the following information for each nontank vessel covered by the plan: 
(A) the nontank vessel's name, country of registry, year built, classification society, radio call sign, and Lloyd's IMO identification number. For U.S. flagged (registered) nontank vessels without a Lloyd's IMO identification number, the vessel's official number (also known as the document number) shall be used;
(B) name, address, phone number, fax number and email address if available of the owner and/or operator of the nontank vessel(s). This information shall be referenced in the plan title or on a title page at the front of the plan; 
(C) the name, address, phone number, fax number and email address if available of the person to whom correspondence should be sent; 
(D) the nontank vessel's classification, hull type, gross tonnage, maximum fuel amounts, length, draft and beam; 
(E) Certification Statement 
1. Owner/operators shall provide a certification statement signed under penalty of perjury by an executive within the plan holder's management who is authorized to fully implement the oil spill contingency plan, who shall review the plan for accuracy, feasibility, and executability. If this executive does not have training, knowledge and experience in the area of oil spill prevention and response, the certification statement must also be signed by another individual within the plan holders' management structure who has this requisite training, knowledge, and experience. The certification shall be submitted according to the following format: 
“I certify, to the best of my knowledge and belief, under penalty of perjury under the laws of the state of California, that the nontank vessel-specific information contained in this contingency plan is true and correct and that the plan as a whole is both feasible and executable.” 

	 (Signature), (title), (date); 
(F) the California Certificate of Financial Responsibility (COFR) number for the nontank vessel(s) covered by the plan shall be included in the front of the plan or for fleet shall be indexed separately in a subsection of the plan. 
(G) Evidence of a contract or other approved means (as defined in Section 825.05 of this subchapter), documenting that the oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill, for each Geographic Region the nontank vessel transits. Plan holders shall only contract with an OSRO(s) that has received a Rating by OSPR (as specified in Section 819.01 of this subchapter) for the booming, on-water recovery and storage, and shoreline protection services required.
(H) a copy of the nontank vessel's oil transfer procedures, in English. 
(2) Each plan shall identify a Qualified Individual (as defined in Chapter 1, Section 790 of this subdivision) and any alternates that may be necessary for the purpose of implementing the plan. If the plan holder contracts for this service, documentation that the Qualified Individual or company, and any identified alternates, acknowledge this capacity shall be included in the plan, for each nontank vessel covered by the plan. If an alternate or alternates are identified in the plan, then the plan shall also describe the process by which responsibility will be transferred from the Qualified Individual to an alternate. During spill response activities, notification of such a transfer must be made to the State Incident Commander at the time it occurs.
(3) Each plan shall provide the name, address, telephone number and facsimile number of an agent for service of process designated to receive legal documents on behalf of each plan holder covered by the plan. If the plan holder contracts for this service, documentation that the agent for service of process acknowledges this capacity shall be included in the plan. Such agent shall be located in California.
(b) Nontank Vessel Fuel and Tankage Description/Capacity: 
(1) The owner/operator shall provide information on the type(s) of fuel(s) normally used by each nontank vessel covered by the plan. A material safety data sheet (MSDS) or equivalent for each type of fuel used shall be provided to the Administrator upon request. 
(2) Each plan shall provide information on the total fuel capacity and the capacity of the largest fuel tank, of each nontank vessel covered by the plan. 
(3) Each plan shall provide general arrangement and fuel tank diagrams for each vessel in the plan. Information regarding the age, design, and construction of the nontank vessel shall be provided.
(c) Prevention Measures: 
(1) As applicable, the owner/operator shall either submit a Certificate Of Inspection (COI) issued by the U. S. Coast Guard, or a summary of certificates issued by a member of the International Association of Classification Societies of the most recent nontank vessel inspection, or verify that the nontank vessel has such a certificate or summary and that the certificate is available for review. 
(2) Nontank Vessels Subject to The International Safety Management Code 
(A) The owner/operator shall also submit a copy of their Safety Management Certificate to demonstrate compliance with the performance elements in the International Safety Management (ISM) Code subject to IMO Resolution A.741(18), or shall submit proof of compliance with the American Waterways Operator (AWO) Responsible Carrier Program, whichever is applicable. ISM Code requirements currently apply to: passenger ships, including passenger high speed craft; oil tankers; chemical tankers; gas carriers; bulk carriers; and cargo high-speed craft of 500 gross tons or greater. 
(B) ISM Code requirements will apply to other cargo ships and mobile offshore drilling units of 500 gross tons or greater on July 1, 2002, and the owner/operator shall submit a copy of their Safety Management Certificate on or before that date. 
(3) Bunkering Operations 
(A) When conducting bunkering operations in marine waters, a nontank vessel shall carry a seven-barrel spill kit for on-deck oil spills containing the following: 
1. sorbents sufficient to contain seven barrels of oil; 
2. non-sparking hand scoops, shovels, and buckets; 
3. containers suitable for holding seven barrels of recovered waste; 
4. a minimum of 15 gallons of a deck cleaning agent; 
5. appropriate protective clothing to protect personnel from inhalation hazards, eye exposure, and skin contact; 
6. non-sparking portable pumps with appropriate hoses; and 
7. the equipment required in this section shall remain ready and pumps with appropriate hoses shall be ready for immediate use during bunkering operations. 
(B) The equipment, personnel and procedures sufficient to contain a 50 barrel spill shall be present on-site during all transfer operations and deployable immediately in the event of an oil spill. Response resources owned or under contract to the marine facility or tank vessel engaged in oil transfer operations may be used to meet this requirement. 
(d) Notification Procedures: 
(1) The owner/operator shall provide a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. The plan shall: 
(A) identify a central reporting office or individual who is responsible for initiating the notification process and is available on a 24-hour basis. The individual making this notification must be fluent in English. The following information must be provided:
1. the individual or office to be contacted; 
2. telephone number or other means of contact for any time of the day; and 
3. an alternate contact in the event the individual or office is unavailable. 
(B) detail the procedures for reporting oil spills to all appropriate local, state and federal agencies within each of the six Geographic Regions that the nontank vessel transits; 
(C) establish a clear order of priority for notification. 
(2) Immediate Notification 
Nothing in this section shall be construed as requiring notification before response. 
(A) Each plan shall include a procedure for contacting the OSRO in each of the six Geographic Regions that the nontank vessel transits immediately, but no longer than within 30 minutes, after the discovery of a discharge of oil or threatened discharge of oil.
(B) Each plan shall include a procedure that ensures that the owner/operator or his/her designee will initiate contact with the Qualified Individual, the California Emergency Management Agency and the National Response Center immediately, but no longer than 30 minutes, after discovery of a discharge of oil or threatened discharge of oil. 
(C) Each plan shall include all phone numbers necessary to complete the immediate notification procedures. 
(3) Each plan should identify a call-out procedure to acquire equipment in addition to that under contract, to access this equipment if the nontank vessel has a spill that exceeds its reasonable worst case spill. 
(4) Each plan shall provide a checklist of the information to be reported in the notification procedures, including but not limited to: 
(A) nontank vessel name, country of registry, call sign, and official number; 
(B) location of the incident; 
(C) date and time of the incident; 
(D) course, speed and intended track of the nontank vessel; 
(E) the nature of the incident; 
(F) an estimate of the volume of oil spilled and the volume at immediate risk of spillage; 
(G) the type of oil spilled, and any inhalation hazards or explosive vapor hazards, if known; 
(H) the size and appearance of the slick; 
(I) prevailing weather and sea conditions; 
(J) actions taken or planned by personnel on scene; 
(K) current condition of the nontank vessel; 
(L) injuries and fatalities; and 
(M) any other information as appropriate. 
(5) Reporting of a spill as required by Subsection 827.02(d)(2) shall not be delayed solely to gather all the information required by Subsection 827.02(d)(4).
(6) An updated estimate of the volume of oil spilled and the volume at immediate risk of spillage shall be reported to the California Emergency Management Agency whenever a significant change in the amount reported occurs, but not less than every 12 hours within the first 48 hours of response. The State Incident Commander and/or the Federal On-Scene Coordinator through the Unified Command shall have the option of increasing or decreasing this time frame, as needed. Updated spill volume information included in the Incident Action Plan developed through the Unified Command may meet the requirements of this subsection. 
(e) Shipboard Drills and Exercises

Note: Spill management team and response organization drills and exercises are addressed in Section 827.02(m) of this subchapter. 
(1) Each plan shall describe the vessel's drill and exercise program that meets the requirements of Section 820.01(a), to ensure that the elements of the plan will function in an emergency.
(2) Training sessions may constitute creditable drills and exercises if all requirements of Subsections 820.01(a) (“Drills and Exercises”) of this subdivision are met. Onboard emergency procedure drills conducted aboard the nontank vessel and properly logged may be credited. 
(f) (reserved)

Note: Subsections 827.02(g) through (n) contain the response elements of an oil spill contingency plan. 
(g) Planning for the Location of Response Resources:
The owner/operator must be prepared to respond to a spill anywhere within marine waters where the nontank vessel operates. To determine the regions in which response equipment and personnel must be available, the owner/operator shall include in the plan a description of the nontank vessel's normal routes of travel including a list of each of the six Geographic Regions that the nontank vessel transits along these routes. OSPR has developed “Shoreline Protection Tables” (SP Tables, see Section 790, incorporated by reference herein and posted on OSPR's website) for vessel traffic in California's marine waters. Owners/operators shall meet the response resource and time frame requirements from the appropriate SP Tables when contracting for shoreline protection services.
(h) Containment Booming and On-Water Recovery:
(1) Each plan holder must provide a contract or other approved means for the containment booming and on-water recovery response resources up to their reasonable worst case spill volume for all potential spills from the nontank vessel that could reasonably be expected to impact marine waters. Each plan must demonstrate response resources sufficient to address potential spills in each Geographic Response Plan Area (GRA) if available, or Geographic Region through which the nontank vessel may transit. (GRA's are geographic subdivisions of ACP areas). To determine the amount of response resources for containment booming and on-water recovery the reasonable worst case spill volume must be determined, which is the total volume of the single largest fuel tank of all the nontank vessels covered by the plan.
Each plan shall contain a copy of the contract or other approved means (as defined in Section 825.05 of this subchapter), documenting that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill, for each Geographic Region the nontank vessel transits. This requirement can be met by a copy of the basic written agreement with an abstract of the recovery and/or clean-up capacities covered by the contract. 
(2) Response Capability Standards 
The equipment and personnel necessary to address the reasonable worst case spill are brought to the scene of the spill within a period of time. The time frames are dependent upon the risk zone in which the nontank vessel is located and is specified in Subsection (B), below. 
The standards set forth in this section are only planning standards and may not reflect the exigencies of actual spill response. However, these are the standards that must be used to determine the amount of equipment and personnel that must be under contract or other approved means. Response resources in addition to that under contract must be identified and a call-out procedure in place to access this equipment if the nontank vessel has a spill that exceeds its reasonable worst case spill. The owner/operator is ultimately responsible for addressing the entire volume of an actual spill regardless of the planning volume.
(A) On-Water Daily Recovery Rates and Containment Boom Amounts
1. The total amount of on-water recovery equipment and services required shall be the amount necessary to address the reasonable worst case spill volume. 
2. The time frames for response resource delivery are specified in Subsection 827.02(h)(2)(B), below. Appropriate equipment to address the reasonable worst case spill volume must be capable of being at the scene of the spill at the hour specified which is measured from the time of notification, as described in Subsection 827.02(d) of this subchapter. All on-water recovery response resources shall be capable of being deployed and operable within one hour of arrival at the scene of the spill or drill but no later than the designated time frame for each risk zone. 
3. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the geography, bathymetry, water depths, tides, currents and other local environmental conditions. For those areas that require shallow-water response capability (refer to the relevant Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 825.05 of this subchapter) to be owned or under contract or other approved means and available to respond to provide shoreline protection of the sensitive sites potentially impacted by a spill. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified.
4. The time frames for equipment delivery and deployment as specified in this subsection do not take into account the time required to conduct a health and safety assessment of the site as set forth in Subsection 827.02(j)(6), and as required by the California Occupational Safety and Health Administration. In addition, these time frames do not account for delays that may occur due to weather or sea state. The actual time necessary to deliver and deploy equipment will be assessed at the time of an incident or a drill and will take into account the prevailing conditions of weather and sea state, as well as the site assessment requirements. 
(B) Delivery Times 

View Graphic
i. When conducting bunkering operations within the High Volume Ports and the ports of Stockton and Sacramento, there must be 2500 barrels/day or 10% of the nontank vessel's total fuel capacity, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification. If containment equipment for a 2500 barrel spill, or 10% of the nontank vessel's total fuel capacity, whichever is less, can immediately be deployed, the initial on-water recovery capability can be on-scene within three hours rather than two hours.
The 2,000 feet of containment boom is required within one-half (1/2) mile of identified Oil Pollution Risk Areas (OPRAs), which are found at the following latitude/longitude locations:
Suisun Bay-Bencia Bridge: 38 2.5N; 127 7.5W
Carquinez Bridge: 38 3.6N; 122 13.6W
Deep Water Channel: 38 2.5N; 122 21.9W
San Pablo Bay-Richmond/San Rafael Bridge: 37 56.1N; 122 26.8W
San Francisco Central Bay: 37 50.5N; 122 26.0W
San Francisco Bay Bridge: 37 47.9N; 122 22.6W
South Bay -- Oakland/Anchorage 9: 37 41.5N; 122 16.2W
San Mateo Bridge: 37 35.1N; 122 15.0W
For the Los Angeles/Long Beach Harbor:
LA/Long Beach Queens Gate: 33 43.4N; 118 10.9W
ii. Nontank vessels that transit: 1) inward of the inland line of demarcation as described in 33 CFR Section 80.1142 for San Francisco harbor; 2) inwards of a six nautical mile radius of Long Beach Light (LLNR 3025) [33-43.4N, 118-11.2W] outside the entrance to the Los Angeles/Long Beach Harbors on the Los Angeles and Long Beach Harbor Chart #18751, shall have the on-water recovery capability to address the nontank vessel's reasonable worst case spill volume at the scene of the spill within four hours. 
iii. In addition nontank vessels, when not conducting bunkering operations, but when operating in the Ports of Stockton and Sacramento shall have containment boom and associated deployment equipment for a 2500 barrel spill pre-staged such that it can be immediately deployed. 
(3) On-Water Response Equipment and Services 
(A) Each plan shall demonstrate that the nontank vessel owner/operator has under contract or other approved means (as defined in Section 825.05 of this subchapter), access to all necessary response resources to comply with the required containment booming and on-water recovery established pursuant to Subsection 827.02(h)(2)(B). The amount of response equipment required will take into account the effective daily recovery capacity (as defined in Chapter 1, Section 790 of this subdivision) of the equipment.
(B) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the geography, bathymetry, water depths, tides, currents and other local environmental conditions. For those areas that require shallow-water response capability (refer to the relevant Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 825.05 of this subchapter) to be owned or under contract or other approved means and available to respond to provide shoreline protection of the sensitive sites potentially impacted by a spill. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified. To the extent that the following information is provided by a Rated OSRO, evidence of a contract or other approved means with a Rated OSRO will suffice:
1. the location, inventory and ownership of the equipment to be used to fulfill the response requirements of this subchapter; 
2. a complete inventory of any nonmechanical response equipment and supplies, including the type and toxicity of each chemical agent, with procedures for storage and maintenance; 
3. the manufacturer's rated capacities and operational characteristics for each major item of oil recovery equipment; 
4. the type and capacity of storage and transfer equipment matched to the skimming capacity of the recovery systems; 
5. the derated capacity (as defined in Chapter 1, Section 790 of this subdivision) for each major piece of on-water recovery equipment listed, as well as the derated capacity for the skimming systems as a whole. 
i. A request may be submitted to the Administrator to review the derated capacity for a piece of equipment if it can be shown that the equipment has a different capacity than the derating factor allows. 
ii. The Administrator's decision regarding a change in the derated capacity for a piece of equipment will be issued as soon as administratively feasible. 
6. vessels designated for oil recovery operations, including skimmer vessels and vessels designed to tow and deploy boom, and availability of shallow-draft vessels; 
7. vessels of opportunity reasonably available for oil spill recovery operations, including availability of shallow-draft vessels, procedures to equip the vessels, inventory equipment, and train personnel; 
8. procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator; 
9. sufficient equipment to track the movement of discharged oil including aerial surveillance sufficient to direct skimming operations. 
10. Each plan shall describe the personnel available to respond to an oil spill, including: 
i. a list of the spill management personnel and their relevant qualifications including a discussion of spill response training and experience, regulatory awareness and compliance, and supervision; 
ii. a list by job category including a job description for each type of spill response position needed as indicated in the spill response organization scheme; 
iii. a match between personnel by job category, and the equipment proposed for use (including equipment appropriate for shallow-water environments), including the plan for mobilization of such personnel; and 
iv. sufficient personnel to maintain a response effort of at least 14 days. 
(C) Each plan shall describe procedures for the transport of required equipment, personnel and other resources to the spill site. The description shall include plans for alternative procedures during adverse environmental conditions. Adverse environmental conditions to be considered shall include: 
1. adverse weather; 
2. sea states, tides, winds and currents; 
3. presence of debris or other obstacles; and 
4. any other known environmental conditions that could restrict response efforts. 
(D) A list of the spill management personnel (company name if applicable) and their relevant qualifications including a discussion of spill response training and experience, regulatory awareness and compliance, and supervision.
(E) Any equipment and personnel identified in the plan to meet the planning standard requirements must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventualities must be taken into account in relying upon these resources. 
1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair. Major equipment is that which, if moved, would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs. 
2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. Backup equipment may be provided from the owner's own inventory, or may be made available from another responder. 
3. A plan shall remain valid during the time that equipment has been removed from service for maintenance or repair. 
(4) the equipment owner shall notify the Administrator when the major equipment is back in service. 
(F) The plan holder may propose the use of non-mechanical methods for response operations which may include dispersants, in-situ burning, coagulants, bioremediants, or other chemical agents. The use of any non-mechanical method for response must be done in accordance with provisions of the State Marine Oil Spill Contingency Plan, the National Contingency Plan, the applicable Area Contingency Plan, and all applicable State laws and regulations. If a non-mechanical method of response is proposed, the plan shall include: 
1. methods of deployment or application; 
2. For the use of chemical agents, a description of the specific mechanisms in place to assess the environmental consequences of the Chemical Agent. This description shall include the mechanism for continuous monitoring of environmental effects for the first three days after initial application, and periodic monitoring thereafter until the agent is inert or no longer operative; 
3. identification of all permits, approvals or authorizations needed to allow the use of non-mechanical methods, and the time line for obtaining them; 
4. a plan for protecting resources at risk, areas of public concern, and the public from any adverse effects of the non-mechanical methods used; 
5. the projected efficacy of each type of non-mechanical method proposed for use taking into account the type of spilled material and the projected environmental conditions of the potential spill site; and 
6. upon request, the plan holder shall provide any test results known to the plan holder which assess the environmental impacts of applying these methods in the marine environment. 
(G) The plan shall describe the methods for tracking the movement of the discharged oil; and 
(H) The plan shall include a list of the locations of the weather stations to be used for observations of winds, currents and other data at the time of a spill that may assist in making real-time projections of spill movement. 
(i) Shoreline Protection: 
Each plan must provide for shoreline protection in the Geographic Response Plan Areas (GRA) or Geographic Regions the nontank vessel may transit. Each plan shall demonstrate through contract(s) or other approved means, the response resources necessary to protect each type of shoreline and all applicable environmentally and culturally sensitive sites in the timeframes required, as outlined in the appropriate Shoreline Protection Tables (SP Tables, see Section 790, incorporated by reference herein and posted on OSPR's website). The Tables representing High Volume port areas (i.e., the San Francisco and Los Angeles/Long Beach Tables) will go into effect on May 1, 2007; all other Tables will go into effect on September 1, 2007. The SP Tables shall be reviewed and updated as needed (e.g., to reflect updates to the ACPs, etc.). Updates to the SP Tables will be processed by OSPR staff using the procedures outlined in the Administrative Procedure Act.
(1) Percentages of Dedicated Shoreline Protection Resources
The following table lists the applicable percentage of dedicated shoreline protection boats and staff that are required for each Geographic Region:

	Geographic Region	% DEDICATED RESOURCES FOR 
	(also known as ACP Area)	SHORELINE PROTECTION

	1	50% dedicated boats and staff
	2	75% dedicated boats and staff
	3	0% (non-dedicated boats and staff allowed)
	4	0% (non-dedicated boats and staff allowed)
		*For Port Hueneme only, 75% 
		dedicated boats and staff required
	5	75% dedicated boats and staff
	6	50% dedicated boats and staff
			
(A) An owner/operator may propose alternatives to what is listed in the SP Tables for boats and staff only. The proposal may be tested by the Administrator anytime prior or subsequent to plan approval.
(2) Shoreline Protection Requirements for Vessels Operating in Small Harbors
Included in the SP Tables is a listing of Small Harbors throughout the state. The requirements in the Small Harbor Table apply to all vessels over 300 GT that operate in the Small Harbors as listed. The following apply to the Small Harbor Table only:
(A) Non-dedicated resources are allowed for shoreline protection for the vessels that operate in these harbors.
(B) The amounts of boom, boats and staff, as listed, are required for the vessels that operate in these harbors. In some locations additional response resources may be required for included or adjacent sensitive sites if this has been identified in the applicable ACPs.
(C) Resource requirements can be met either with pre-positioned equipment (as identified in the owner/operator's Contingency Plan) or by a contract with a Rated OSRO. Advance notice to the OSRO is required before the plan holder can begin operating in the harbor.
(D) Unless otherwise specified in the Small Harbor Table, anytime that a vessel over 300 GT operates in these small harbors, that vessel shall have a contract or other approved means for a minimum of 2,500 feet of boom that can be deployed in 6 hours.
(E) An owner/operator may propose lesser amounts of shoreline protection resources than that listed in the Small Harbor Table, for carrying out planned projects in the Balance of the Coast, upon petitioning and approval of the Administrator. The proposal may be tested by the Administrator anytime prior or subsequent to plan approval.
(3) Each plan shall have under contract or other approved means sufficient personnel to implement the shoreline protection strategies in the time frames required from the appropriate SP tables, who are to remain on scene until demobilized by the Sate Incident Command or the Unified Command. For planning purposes, this shall include procedures to obtain sufficient personnel to maintain a response effort of at least 14 days.
(A) Any equipment and personnel identified in the plan to meet the contingency plan requirements must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventualities must be taken into account in relying upon these resources.
1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair. Major equipment is that which, if moved, would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs. 
2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. Backup equipment may be provided from the owner's own inventory, or may be made available from another responder. 
3. A plan shall remain valid during the time that equipment has been removed from service for maintenance or repair if the Administrator has not disapproved such removal within 24 hours of notification. 
4. the equipment owner shall notify the Administrator when the major equipment is back in service. 
(4) Shoreline Clean-Up 
(A) Utilizing the equipment that must be under contract, Each plan shall describe methods to clean up spilled oil and remove it from the environment. The owner/operator shall have a contract or other approved means to provide the appropriate shoreline clean up services. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate to implement the applicable strategy, and appropriate for use on the type of oil identified. The following information must be provided:
1. methods for shore side clean-up, including containment and removal of surface oil, subsurface oil and oiled debris and vegetation from all applicable shorelines, adjacent land and beach types; and 
2. measures to be taken to minimize damage to the environment from land operations during a spill response, such as impacts to sensitive shoreline habitat caused by heavy machinery or foot traffic. 
(j) Response Procedures: 
Some of the documentation from the most recent Area Contingency Plans may be used in lieu of developing comparable response procedures, if appropriate and approved by the Administrator. 
(1) The owner/operator shall include in the plan a description of the organization of the nontank vessel's spill management team and spill response system. An organizational diagram depicting the chain of command shall also be included. Additionally, the plan shall describe the method to be used to integrate the plan holder's organization into the State Incident Command System and/or the Unified Command Structure as required by Title 8, California Code of Regulations, Subsection 5192(q)(3)(A). Each plan shall identify a Spill Management Team (as defined in Section 825.05 of this subchapter). If the plan holder contracts for this service, documentation that the Spill Management Team acknowledges this capacity shall be included in the plan.
(A) The plan holder may utilize the procedures outlined in the appropriate and most recent Area Contingency Plan when describing how the nontank vessel's chain of command will interface with the State Incident Command System which utilizes the Unified Command. 
(B) Each plan shall describe the organization of the plan holder's public information office, as it relates to an oil spill incident, and the method by which the Information Officer will be integrated into the State Incident Command System. 
(C) Each plan shall describe the plan holders' safety program, as it relates to an oil spill incident, and the method by which their Safety Officer will be integrated into the State Incident Command System. 
(2) Each plan shall identify potential sites needed for spill response operations, including location(s) for:
(A) a central command post sufficient to accommodate the State Incident Command or Unified Command as well as the plan holder's response organization; 
(B) a central communications post if located away from the command post; and 
(C) equipment and personnel staging areas. 
(3) Each plan shall include a checklist, flowchart or decision tree depicting the procession of each major stage of spill response operations from spill discovery to completion of clean-up. The checklist, flowchart or decision tree shall describe the general order and priority in which key spill response activities are performed. 
(4) Each plan shall detail the lines of communications between the responsible party, the Qualified Individual and the on-scene commanders, response teams, local, state, and federal emergency and disaster responders, including: 
(A) communication procedures; 
(B) the communication function (e.g., ground-to-air) assigned to each channel or frequency used; 
(C) the maximum broadcast range for each channel or frequency used; and 
(D) redundant and back-up systems. 
(5) Each plan shall describe the procedures to manage access to the spill response site, the designation of exclusion, decontamination and safe zones, and the decontamination of equipment and personnel during and after oil spill response operations, as required by the California Occupational Safety and Health Administration. 
(6) Prior to beginning oil spill response operations and clean-up activities, a Site Safety Plan must be completed. Each Site Safety Plan shall include information as required pursuant to Title 8, Section 5192(p)(8)(D)(2) of the California Code of Regulations including, but not limited to, a written respiratory protection program, written personal protection equipment program, written health and safety training program, written confined space program and permit forms, direct reading instrument calibration logs, and written exposure monitoring program. 
(k) Temporary Storage and Waste Management: 
(1) Each plan shall identify sufficient temporary storage for all recovered oil or all oily waste, and identify facilities that would be able to accept the recovered oil or oily waste for recycling or other means of waste management. Sufficient temporary storage shall be no less than two times the reasonable worst case spill volume for the nontank vessel. 
(A) To meet the temporary storage requirement described in Subsection (1) above, the following amounts of storage shall be dedicated response resources (as defined in Section 825.05(b) of this subchapter) or OSRO-owned and controlled resources (as defined in Section 825.05(i) of this subchapter), as applicable to the appropriate risk zone:
Sufficient storage to support the skimming systems shall be brought to the scene of the spill during the first four hours of response:
520 barrels of storage, or 20% of the reasonable worst case oil spill volume, whichever is less, shall be brought to the scene of the spill within four hours of notification of a spill;
12,000 barrels, or two times the reasonable worst case oil spill volume, whichever is less, shall be available at the scene of the spill within 6 hours of notification of a spill.
The balance of the temporary storage requirement described in Subsection (1) above may be provided by non-dedicated storage resources. All skimming systems operating at the scene of a spill shall have adequate storage.
(2) Each plan shall identify the party that shall maintain responsibility for recovered oil and oily waste for the purposes of temporary storage. 
(3) Each plan shall describe site criteria and methods used for temporary storage of recovered oil and oily wastes generated during response and clean-up operations, including known available sites. 
(4) Each plan shall identify all applicable permits, and all federal, state and local agencies responsible for issuing those permits for transit, temporary storage and ultimate waste management of all wastes likely to result from an oil spill. 
(5) Each plan shall include information which could expedite the state approval process for the use of temporary waste storage sites, including a list of appropriate contacts and a description of procedures to be followed for each approval process. 
(l) Oiled Wildlife Care Requirements: The owner/operator shall provide information to include in the plan on how oiled wildlife care will be provided by one of the following approved means: 
(1) utilize the California Oiled Wildlife Care Network (OWCN) to meet oiled wildlife care requirements: or 
(2) describe procedures that clearly outline how oiled wildlife care will be provided. The equipment, facilities, and personnel necessary to implement these procedures must be identified and assured by contract for each Geographic Region covered by the plan. Standards and written protocols for wildlife care must comply with all applicable State and federal laws. 
(m) Drills and Exercises
(1) Each plan shall describe the vessel's drill and exercise program that meets the requirements of Section 820.01(a), to ensure that the elements of the plan will function in an emergency.
(2) Training sessions may constitute creditable drills and exercises if all requirements of Subsections 820.01(a) (“Drills and Exercises”) of this subdivision are met.
(3) Drills shall be designed by the nontank vessel owner/operator to exercise either individual components of the plan or the entire response plan. Such drills, individually or in combination, shall ensure that the entire plan is exercised at least once every three years. 
(n) Nontank Vessel Emergency Services:
(1) Notification Requirements: 
Any party responsible for a nontank vessel as defined in this subdivision shall notify the U.S. Coast Guard within one hour of a disability (as defined in Government Code Section 8670.20(b)) if the disabled nontank vessel is within 12 miles of the shore of the state. 
(2) Equipment and Services: 
Nontank vessel emergency services means all services rendered to save a nontank vessel and cargo from any marine peril that could reasonably be expected to cause a discharge of oil into the marine waters, and includes those actions necessary to control or stabilize the nontank vessel or cargo. 
(A) All nontank vessels required to have a contingency plan pursuant to Section 827.01(a) must demonstrate sufficient nontank vessel emergency services means capability as outlined in this section; 
(B) Availability of the following equipment and services shall be demonstrated by sufficient in-house capability or a signed, valid contract or other approved means with a vessel emergency services provider or by other means approved by the Administrator. For the purpose of this subsection, a plan holder can demonstrate the availability of equipment and services, in lieu of a signed, valid contract or sufficient in-house capability, by a Letter of Intent or a Conditional Agreement, signed by the entity providing such services and attesting to the availability of the equipment and services required as specified in this Subsection (n). Any service provider must have the appropriate expertise, and all required equipment ready and available to respond within the following time frames:
1. Within 12 hours of notification of the U.S. Coast Guard:
i. an emergency services vessel of the appropriate size, configuration, and operating capability to ensure stabilization of a disabled nontank vessel shall be on scene. The emergency services vessel must be capable of reaching the disabled nontank vessel before the disabled nontank vessel would run aground. In determining the time it would take for a nontank vessel to run aground, an estimate shall be made based on the drift rate in the worst case weather assuming the complete loss of power and/or steering;
ii. a professional salvor, naval architect or other qualified person knowledgeable of stability, and hull stress assessments of the nontank vessel shall be engaged in nontank vessel emergency operations. These assessments shall be developed pursuant to the shipboard spill mitigation procedures as set forth in 33 CFR, Part 155.1035(c)). 
iii. a private firefighting capability that will respond to casualties in the area(s) in which the nontank vessel will operate. This capability shall be a supplement to the firefighting capability on board the nontank vessel; 
iv. dewatering pumps, hoses, and power supplies sufficient to maintain nontank vessel stability and prevent sinking shall be on scene. 
2. within 18 hours of notification of the U.S. Coast Guard, and to the extent necessary to avoid a pollution incident, the following must be on scene: 
i. resources for shoring, patching or making other emergency, temporary repairs to correct structural, stability, or mechanical problems on the nontank vessel; 
ii. equipment necessary to tow an incapacitated nontank vessel to a safe haven. 
NOTE

Authority cited: Sections 8670.5, 8670.7, 8670.10, 8670.20, 8670.25, 8670.25.5, 8670.28 and 8670.29, Government Code. Reference: Sections 8670.10, 8670.12, 8670.20, 8670.25, 8670.25.5, 8670.28, 8670.29 and 8670.31, Government Code. 
HISTORY

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).  
2. Change without regulatory effect repealing subsection (a)(1)(E)1., renumbering and amending former subsection (a)(1)(E)2. to subsection (a)(1)(E)1. and amending subsections (a)(1)(F)-(G) filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of section and Note filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
4. Amendment of subsection (a)(1)(A) filed 8-6-2008; operative 9-5-2008 (Register 2008, No. 32).
5. Amendment of subsection (h)(2)(B), repealer of subsections (h)(2)(B)1.-3. and amendment of subsection (h)(3)(A) filed 5-15-2009; operative 7-1-2009 (Register 2009, No. 20).
6. New subsection (b)(3), amendment of subsections (d)(2)(B) and (d)(6), repealer of subsections (f)-(f)(B) and amendment of subsection (n)(2) and Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
Subchapter 6. Oil Transfer and Vessel Operations
Article 1. General Requirements
§840. Short Title.
Note     •     History

This subchapter shall be known and may be cited as the Department of Fish and Game, Office of Spill Prevention and Response, Oil Transfer and Vessel Operation Regulations.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.7 and 8670.17, Government Code. 
HISTORY

1. New subchapter 4, article 1 and section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of subchapter heading and Note and filed 7-12-94 (Register 94, No. 28).
3. Change without regulatory effect amending subchapter 6 heading filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
4. Amendment filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§840.1. Applicability.
Note     •     History

(a) The provisions of this subchapter shall apply to:
(1) all oil transfer operations other than internal vessel transfers regardless of the quantity being transferred, conducted within California marine waters, or a shore-based transfer where a spill could impact California marine waters, except as noted in (b) below; and 
(2) all drydock associated oil transfers including, but not limited to, oil transfers to or from a tank vessel or nontank vessel in drydock; oil transfers to or from tanks (portable and/or fixed) within the drydock; and oil transfers to or from the drydock; and
(3) all vessels engaged in oil transfer operations. For the purpose of this subchapter, “vessel” is not limited to the definition in Chapter 1, Section 790, of this subdivision and includes tank vessels and nontank vessels.
(b) This subchapter does not apply to: 
(1) nontank vessels with an oil carrying capacity of less than 250 barrels;
(2) oil transfers to or from a marine terminal;
(3) small craft refueling docks as defined in Chapter 1, Section 790 of this subdivision;
(4) public vessels as “public vessels” are defined in 33 United States Code (USC) 2701;
(5) dedicated oil spill response vessels when conducting response operations in a response area; or
(6) vessels of opportunity as defined in Chapter 1, Section 790 of this subdivision.
(7) internal vessel transfers.
(c) Both the transfer unit and the receiving unit may be monitored by Staff during any phase of the oil transfer operation.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14, 8670.17 and 8670.18, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§840.2. Administration.
Note     •     History

(a) The Staff shall administer this subchapter and shall thereby seek to provide for the following:
(1) the prevention and elimination of any contamination or pollution of the ocean and tidelands,
(2) the prevention and elimination of waste from the marine waters,
(3) the conservation of natural resources,
(4) the protection of human health and safety, and
(5) the protection of the environment.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code.  Reference: Section 8670.2, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7).  A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of Note and filed 7-12-94 (Register 94, No. 28).
§841. Definitions.
Note     •     History

In addition to the definitions in Chapter 1, Section 790 of this Subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1:
(a) “#1 and #2 Grade Oils”, for the purpose of this subchapter, means oils with an API gravity of 35 to 40 and are primarily intended for use in internal combustion engines that use compression for ignition, or used in turbine engines, or used as a heating oil.
(b) “Boom”, for the purpose of this subchapter, means flotation boom or other effective barrier containment material suitable for containment of oil that is discharged onto the surface of the water.
(c) “Person in charge” means that person as defined in 33 CFR 154.105.
(d) “Receiving Unit” means any tank vessel, nontank vessel or marine facility which is not a marine terminal, which receives oil during an oil transfer operation.
(e) “Small marine fueling facility” means either of the following:
(A) a mobile transfer unit, or
(B) a fixed facility that is not a marine terminal, which dispenses primarily nonpersistent oil, and may dispense small amounts of persistent oil, primarily to small craft, and meets all of the following criteria:
(1) has tank storage capacity not exceeding 40,000 gallons in any single storage tank or storage tank compartment.
(2) has total usable tank storage capacity not exceeding 75,000 gallons.
(3) had an annual throughput volume of over-the-water transfers of oil that did not exceed 3,000,000 gallons during the most recent preceding 12-month period.
(f) “SOLAS” means the International Convention for Safety of Life at Sea 1974, and the Protocols of 1978 and 1988, published in SOLAS, consolidated edition 1997, IMO Publications, International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, United Kingdom.
(g) “Staff” means the Administrator or any personnel within the California Department of Fish and Game authorized to act on behalf of the Administrator.
(h) “Transfer” or “Transfer Operation” means the transfer of oil.
(i) “Transfer Unit” means any tank vessel, nontank vessel, or marine facility from which oil is transferred to another vessel or marine facility which is not a marine terminal, during an oil transfer operation.
NOTE

Authority cited: Sections 8670.17, 8670.18 and 8670.28, Government Code. Reference: Section 8670.3, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of subsections (g)(1), (j), (r)(1)(B)-(C), (s) and Note, new subsection (l) and subsection redesignation and filed 7-12-94 (Register 94, No. 28).
3. Change without regulatory effect amending section filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
4. Amendment filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§842. Incorporation by Reference.
Note     •     History

(a) Unless found to conflict with regulations of this subchapter, and to the extent that they govern the transportation or transfer of oil, the following regulations promulgated by the United States Coast Guard are incorporated by reference:
(1) 33 Code of Federal Regulations (CFR) Part 151, Vessels Carrying Oil, Noxious Liquid Substances, Garbage, Municipal or Commercial Waste, and Ballast Water.
(2) 33 CFR Part 154, Facilities Transferring Oil or Hazardous Material in Bulk.
(3) 33 CFR Part 155, Oil or Hazardous Material Pollution Prevention Regulations for Vessels.
(4) 33 CFR Part 156, Oil and Hazardous Material Transfer Operations.
(5) 46 CFR Part 34, Firefighting Equipment.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of subsection (a) and Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
Article 1.1. Requirements for the   Transfer of Oil
§843. General.
Note     •     History

(a) No person may conduct an oil transfer operation unless the equipment, personnel and operating procedures meet the requirements of this subchapter.
(b) Any transfer operation which does not meet the requirements of Subsection (a) of this section may be subject to a shutdown of operations. An order issued by the Staff to terminate an oil transfer operation is an order of the Administrator and failure to comply constitutes a violation of Article 9 of the Government Code (commencing with Section 8670.57 et seq.).
(c) The Administrator may grant an exemption or partial exemption from compliance with any requirement in this subchapter if the following conditions are met:
(1) An owner or operator submits a written request for an exemption to the Administrator at least 30 days before operation under the exemption is proposed, unless the Administrator authorizes a shorter time period; and
(2) It is determined from the request that:
(A) compliance with a specific requirement is economically or physically impractical;
(B) no alternative procedure, method, or equipment standard exists that would provide an equivalent level of protection from pollution by oil; and
(C) the likelihood of oil being discharged as a result of the exemption is minimal.
(3) If requested, the applicant must submit any appropriate information to substantiate the request for an exemption. Such information may include an environmental and economic assessment of the effects of and the reasons for the exemption, and any proposed procedures, methods or equipment standards to be followed in lieu of those required. The Administrator may consider any exemption or partial exemption from compliance with any requirement in the Federal regulations granted by the Commandant of the U.S. Coast Guard;
(4) The exemption may specify the procedures, methods, or equipment standards that will apply;
(5) An exemption will be granted or denied in writing. The decision of the Administrator will be rendered within 10 calendar days of receipt of the request and is the final agency action.
(d) Any exemption granted by the State Lands Commission pursuant to Title 2, CCR Section 2310, shall remain in full force and effect until such exemption expires by its own terms or an application is made to the Administrator, pursuant to this section for an extension or amendment of such exemption.
NOTE

Authority cited: Sections 8670.7, 8670.17, 8670.18 and Article 9 (commencing with Section 8670.57 et seq.), Government Code. Reference: Sections 8670.2, 8670.14 and 8670.17, Government Code.
HISTORY

1. New article 1.1 and section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment of section and Note filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§843.1. Persons in Charge: Designation and Qualification.
Note     •     History

(a) A separate “person in charge” must be designated for the oil transfer operations of the transfer unit and for the oil transfer operations of the receiving unit.
(b) No person may serve as person in charge of oil transfer operations unless:
(1) the person in charge meets the requirements set forth in 33 CFR 154.710, 33 CFR 155.710 and 156.115, whichever is appropriate.
(2) the person in charge has been designated in writing in accordance with 33 CFR 155.820 as set forth in 33 CFR 154.730, and 33 CFR 155.715.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§843.2. Compliance with Oil Transfer Procedures or Operations Manual.
Note     •     History

(a) The operator of each vessel required by 33 CFR 155.720 to have oil transfer procedures shall ensure that such procedures are current and shall require vessel personnel to use the oil transfer procedures during each oil transfer operation.
(b) The operator of each marine facility required by 33 CFR 154.300 to have an operations manual shall ensure that the manual's procedures are current and shall require facility personnel to use the operations manual during each oil transfer operation.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment of section heading, section and Note filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§843.3. Availability of Oil Transfer Procedures or Operations Manual.
Note     •     History

The written oil transfer procedures or operations manual must be:
(a) available for inspection by Staff whenever the transfer unit is conducting an oil transfer operation;
(b) legibly printed in English and any other language or languages used primarily by personnel engaged in the oil transfer operation; and
(c) permanently posted or available at the site of transfer where the procedures can be easily seen and used by members of the crew when engaged in oil transfer operations.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment of section heading and section filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§843.4. Contents of the Oil Transfer Procedures or Operations Manual.
Note     •     History

The oil transfer procedures or operations manual must contain, either in the order listed or by use of a cross-reference index page, all of the following as appropriate:
(a) a list of each product transferred to or from the vessel or marine facility;
(b) a description of each oil transfer system on the vessel or marine facility including:
(1) a line diagram of the vessel's or marine facility's oil transfer piping, including the location of each valve, pump, control device, vent, and overflow;
(2) the location of the shutoff valve or other isolation device that separates any bilge or ballast system from the oil transfer system;
(3) a description of and procedures for emptying the discharge containment system;
(c) the number of persons required to be on duty during oil transfer operations;
(d) the duties by title of each officer, person in charge, tankerperson, deckhand, and any other person required for each oil transfer operation;
(e) procedures and duty assignments for tending the vessel's moorings during the transfer of oil;
(f) procedures for operating the emergency shutdown and communications;
(g) procedures for topping off tanks;
(h) procedures for ensuring that all valves used during the oil transfer operations are closed upon completion of transfer;
(i) procedures for reporting oil discharges into the water; and
(j) procedures for closing and opening the vessel openings specified in 33 CFR 155.815.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: 33 CFR 155.750; and Sections 8670.2 and 8670.14, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment of section heading, first paragraph and subsections (a)-(b)(1) filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§843.5. Draining Oil.
Note     •     History

No person may intentionally drain oil or oily waste from any source into the bilge of any vessel.  For purposes of this section, “bilge” does not mean a slop tank as described in 33 CFR 157.15, or an oily residue tank as described in 33 CFR 157.17.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code.  Reference: Section 8670.2 and 8670.14, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7).  A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Note and filed 7-12-94 (Register 94, No. 28).
§843.6. Emergency Shutdown.
Note     •     History

(a) A vessel carrying oil, with an oil capacity of 250 or more barrels, must have on board an operable means for emergency shutdown that would enable the person in charge of an oil transfer operation to stop the flow of oil to another vessel, or within the vessel itself, within 30 seconds.
(b) A small marine fueling facility must have an operable means for emergency shutdown that would enable the person in charge of the oil transfer operation to stop the flow of oil to a vessel.
(c) The means required in paragraphs (a) and (b) of this section may be a pump control, a quick-acting, power actuated valve, or an operating procedure. If an emergency pump control is used, it must stop the flow or back flow of oil if the oil could siphon through the stopped pump.
(d) The means required in paragraph (a) of this section must be operable from the cargo deck, cargo control room, or the usual operating station of the person in charge of the oil transfer operation.
(e) The means required in paragraphs (a) and (b) of this section must be operable from a location that is accessible to the person in charge.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§843.7. Communications.
Note     •     History

(a) During oil transfers, the transfer unit and receiving unit must have continuous two-way voice communication between the persons in charge of the transfer operations on both the transfer unit and receiving unit.
(b) Portable communication devices used to comply with paragraph (a) of this section during the transfer of flammable or combustible liquids must be intrinsically safe, as defined in Title 2, Division 3, Chapter 1, Article 5 of the California Code of Regulations, Section 2370(e).
(c) The primary communication system required by paragraph (a) of this section must be usable and effective in all phases of the transfer operation and all weather conditions. If this communications systems fails, the transfer operation shall be discontinued, as described in the Declaration of Inspection (Section 843.8(z) of this subchapter). The transfer operation shall not resume until the continuous two-way voice communication system is restored.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Title 2 CCR Section 2370(e); and Sections 8670.2 and 8670.14, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§843.8. Pre-Transfer Requirements for Oil Transfer Operations.
Note     •     History

No person may conduct an oil transfer operation unless:
(a) the vessel's moorings and mooring lines used during the transfer operation are strong enough to hold during all expected conditions of surge, current, and weather, and are long enough to allow adjustment for changes in draft, drift, and tide during the transfer operation;
(b) oil transfer hoses and loading arms are long enough to allow the vessel to move to the limits of its moorings without placing strain on any component of the oil transfer system;
(c) each hose is supported to prevent kinking or other damage to the hose and to prevent strain on its coupling;
(d) each part of the oil transfer system is properly aligned;
(e) each part of the oil transfer system not necessary for the transfer operation is securely capped, blank flanged, and/or shut off;
(f) the end of each hose that is not connected for the transfer of oil is plugged, capped, or blanked off using the closure devices required by federal regulation;
(g) the transfer system is attached to a fixed connection on the transfer unit or receiving unit except that when a nontank vessel of less than 250 barrel capacity is receiving fuel, an automatic back pressure shutoff nozzle may be used;
(h) each overboard discharge or sea suction valve that is connected to the vessel's oil transfer or cargo tank system is sealed or lashed in the closed position, except when used to receive or discharge ballast;
(i) each oil transfer hose is in good repair, and is suitable for the purpose intended and free from defect which would permit the discharge of oil through the hose material; has no unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of oil through the hose material and no gouges, cuts, or slashes that penetrate the first layer of hose reinforcement. (See the recommended practices in the “Hose Technical Information Bulletin: No. IP-11-4; Oil Suction and Discharge Hose: Manual for Maintenance, Testing and Inspection,” published by the Rubber Manufacturers Association (RMA), 1440 K Street, N.W., Washington, D.C. 20005). For purposes of this section, “reinforcement” means the strength members of the hose, consisting of fabric, cord and/or metal;
(j) the discharge containment equipment on deck or on the dock that must be deployed pursuant to Sections 844 and 844.3 of this subchapter, is deployed and in place prior to any transfer of oil, and periodically drained to provide the required capacity;
(k) each drain and scupper is closed by mechanical means to adequately prevent any discharge or leaking of oil; freeing ports shall be adequately blocked to prevent any discharge or leaking of oil;
(l) all connections in the oil transfer system are leak free, except that a component in the transfer system, such as the packing glands of a pump which cannot be made leak free, shall not leak at a rate that exceeds the capacity of the discharge containment equipment to hold any such leakage during the transfer operation;
(m) the communications equipment and procedures required by this subchapter are operating during the entire transfer operation;
(n) the emergency means of shutdown is in position and operable;
(o) there is a qualified person in charge on the transfer unit and a person in charge on the receiving unit during a transfer operation;
(p) each person in charge required by paragraph (o) of this section:
(1) shall be present at the site of the oil transfer operation and immediately available to the oil transfer personnel;
(2) has readily available a copy of the vessel oil transfer procedures or the facility operations manual, as appropriate at the operations center or central point where transfer operations are controlled and monitored; and
(3) conducts the transfer operation in accordance with the vessel oil transfer procedures or facility operations manual, as appropriate;
(q) the personnel required, under the facility operations manual and the vessel oil transfer procedures, to conduct the oil transfer operation:
(1) are on duty; and
(2) conduct the transfer operation in accordance with the facility's operations manual or vessel's oil transfer procedures, as appropriate;
(r) each person required by paragraph (o) understands and speaks the English language fluently, or engages the services of an interpreter;
(s) the person in charge of oil transfer operations on the transfer unit and the person in charge of oil transfer operations on the receiving unit have held a conference to ensure that each person in charge understands the following details of the transfer operation:
(1) the identity of the product and quantity to be transferred, and availability of a material safety data sheet for the product to be transferred;
(2) the sequence of transfer operations;
(3) the transfer rate;
(4) the name or title and location of each person participating in the transfer operation;
(5) the details of their respective transfer or receiving system and the particulars of the transfer operation;
(6) the critical stages of the transfer operation;
(7) all the federal, state, and local rules that apply to the transfer of oil;
(8) the emergency procedures, which shall include;
(A) acknowledgment that together both units are willing to provide all spill containment resources under each of their control on site;
(B) identification, in writing, of each unit's contracted OSRO;
(C) agreed-upon written emergency shutdown procedures.
(9) the discharge containment procedures;
(10) the discharge reporting procedures;
(11) the watch or shift arrangements;
(12) the transfer shutdown procedures;
(t) the person in charge of oil transfer operations on the transfer unit and the person in charge of oil transfer operations on the receiving unit agree to begin the transfer operation;
(u) To ensure safe operation and early detection of an oil leak, for oil transfer operations between sunset and sunrise, deck lighting shall be provided by the self-propelled vessel that adequately illuminates (as described by 33 CFR 155.790) the following:
(1) each transfer operation work area and each transfer connection point in use on a self-propelled vessel; and
(2) each transfer operation work area and each transfer connection point in use on each barge or small marine fueling facility discharging or receiving oil, unless the barge or small marine fueling facility itself provides adequate illumination.
(3) Where illumination appears to be inadequate, Staff may require verification by instrument of the levels of illumination. On a horizontal plane three feet above the deck or walking surface, illumination must measure at least:
(A) 5.0 foot candles at transfer connection points; and
(B) 1.0 foot candles in oil transfer operation work areas.
(v) appropriate fire fighting equipment is available as required in 46 CFR, Part 34.
(w) in addition to the requirements listed in 33 CFR 154.500(e), all transfer hoses shall have all markings near the two ends in the vicinity of the flanges where they can be easily seen.
(x) all transfer connections shall:
(1) use suitable material in joints and couplings to ensure a leak-free seal;
(2) use a new gasket;
(3) use a bolt in every available hole;
(4) use bolts of the correct size in each bolted connection;
(5) tighten each bolt and nut uniformly and sufficiently to distribute the load to ensure a leak-free seal;
(6) not use any bolt that shows signs of strain or is elongated or deteriorated;
(7) use either:
(A) a bolted or full threaded connection; or
(B) a quick-connected coupling with a means of securing the coupling to prevent accidental release.
(y) the vessel has a fill pipe for which containment can be provided. For vessels less than 250 barrels capacity, an automatic back pressure nozzle can be used.
(z) a written Declaration of Inspection (DOI) which shall include the following, in addition to the requirements of 33 CFR 156.150(c):
(1) identification of each unit's OSRO;
(2) acknowledgment by each unit that their OSRO has been notified in advance;
(3) emergency shut-down procedures;
(4) agreed-upon hand and/or sound signals that initiate and complete the shut-down of the transfer operation.
(5) The Declaration of Inspection shall be filled out and signed by each person in charge and relief person in charge. Each person in charge who is different from the person who originally signed the Declaration of Inspection shall sign the Declaration of Inspection before assuming or re-assuming the duties of a person in charge. Prior to their signing or re-signing the Declaration of Inspection, each person in charge shall inspect the transfer unit or receiving unit, as appropriate, to ensure that the requirements of this subchapter are being maintained;
(aa) a loading plan shall be completed in writing by the receiving unit.
(ab) Transfer operations shall not be started or, if started, shall be discontinued under the following conditions:
(1) during severe weather, electrical storms, or wave conditions;
(2) if a fire occurs on the wharf, on the vessel, on the marine facility, or in the vicinity of the wharf, vessel or marine facility;
(3) any condition that may jeopardize the safety of the transfer;
(4) loss of continuous two-way voice communication.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment of section heading and section filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§843.9. Personnel Work Limitations.
Note     •     History

(a) No shoreside person involved in a transfer operation may work more than 16 hours in any 24 hour period, or more than 40 hours in any 72 hour period, except in an emergency.
(b) No vessel person involved in a transfer operation may work more than 15 hours in any 24 hour period, or more than 36 hours in any 72 hour period, except in an emergency.
(c) For purposes of this section, “work” includes any administrative duties associated with the vessel or transfer operation whether performed on board the vessel or onshore.
(d) For purposes of this section, “emergency” is limited to those situations which threaten life, damage to property or have adverse impact on the public health or safety.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§844. Containment and Response Equipment Requirements; Marine Facility and Vessel Oil Transfer Operations.
Note     •     History

This section does not apply to small marine fueling facilities. Containment and response equipment requirements for small marine fueling facilities, including mobile transfer units, are addressed in Section 844.3 of this subchapter.
(a) The requirements specified in this section are in addition to those specified in 33 CFR 155 which are incorporated herein by reference.
(b) Containment and Removal of On-Deck Spills.
(1) Transfer units and receiving units must provide appropriate equipment and supplies for the containment, removal and storage of on-deck oil spills of at least seven barrels. Such equipment and supplies must include:
(A) sorbents sufficient to contain seven barrels of oil;
(B) non-sparking hand scoops, shovels, and buckets;
(C) containers suitable for holding seven barrels of recovered waste;
(D) a minimum of 15 gallons of a deck cleaning agent;
(E) appropriate protective clothing to protect personnel from inhalation hazards, eye exposure, and skin contact;
(F) non-sparking portable pump(s) with appropriate hoses; and
(G) the equipment required in this section must remain ready, and pump(s) with appropriate hoses must be ready, for immediate use during transfer operations.
(c) Transfer units, except for small marine fueling facilities, must carry or provide at the point of transfer appropriate equipment and supplies for the containment and removal of both persistent oil, and #1 and #2 grade oil (as defined in Section 841 of this subchapter) spills in water adjacent to the transfer site. Prior to beginning each transfer operation the transfer unit shall provide either one of the following for the duration of the entire transfer operation:
(1) boom deployed so as to enclose the water surface area adjacent to the receiving unit which will provide common containment area for:
(A) either of the following:
1. the entire receiving unit and the point of transfer; or
2. those portions of the receiving unit or seawall from which oil may spill into the water.
(B) where the hull of the transfer unit or seawall is capable of acting as an effective barrier on the side of the receiving unit, the boom on that side may be deployed so that it provides containment between the receiving unit and the transfer unit or seawall.
(C) the boom shall be deployed so that it provides a stand-off of not less than 4 feet from the outboard side of the receiving unit. 
(2) sufficient boom, trained personnel and equipment, maintained in a stand-by condition at the point of transfer, such that at least 600 feet of boom, or an amount sufficient to meet the containment requirements in subsection (1), above, whichever is greater, can and will be deployed for the most effective containment immediately, but no longer than 30 minutes, after discovery of a spill.
(d) In addition to the requirements specified in this Subsection (c) above, the owner or operator of a transfer unit shall also identify the equipment, personnel and procedures such that at least an additional 600 feet of boom can and will be deployed. These response resources shall be on-scene and deployed within one hour for the most effective containment in the event of an oil spill.
NOTE

Authority cited: Sections 8670.7, 8670.17, 8670.18 and 8670.28, Government Code. Reference: Sections 8670.2, 8670.14, 8670.25 and 8670.28, Government Code.
HISTORY

1. New article 1.2 and section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Note and filed 7-12-94 (Register 94, No. 28).
3. Repealer of article heading and amendment of section heading and section filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§844.1. Oil Discharge Cleanup; Marine Facility and Vessel Oil Transfer Operations.
Note     •     History

This section does not apply to small marine fueling facilities. Oil discharge cleanup requirements for small marine fueling facilities are addressed in Section 844.4 of this subchapter.
(a) Each person conducting an oil transfer operation shall stop the transfer operation whenever oil from any source is discharged:
(1) in the transfer operation work area and poses a threat of spilling into marine waters; or
(2) into the water or upon the adjoining shoreline in the transfer area.
(b) Except as permitted under paragraph (c) of this section, no person may resume an oil transfer operation after it has been stopped under Subsection (a) of this section, unless:
(1) the source of the spill has been secured;
(2) the oil discharged in the oil transfer operation work area is cleaned up; 
(3) the oil discharged into the water or upon the adjoining shoreline is cleaned up; and
(4) both persons in charge agree to resume the oil transfer operation.
(c) The U.S. Coast Guard Captain of the Port may authorize resumption of the oil transfer operation if it is deemed appropriate.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14 and 8670.25, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment of section heading and section filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§844.2. Reporting Requirements; Marine Facility and Vessel Oil Transfer Operations.
Note     •     History

This section does not apply to small marine fueling facilities. Reporting requirements for small marine fueling facilities are addressed in Section 844.5 of this subchapter.
(a) An immediate report must be made by the transfer unit to the California Office of Emergency Services in the event any of the following occurs during an oil transfer operation:
(1) a fire, explosion, collision, or grounding;
(2) any similar incident or occurrence which poses a threat to the vessels involved.
(b) The master or person in charge of a vessel shall report any discharge of oil into the water from such vessel.
(c) Notification.
(1) Unless the Staff and the operator agree otherwise, at least four (4) hours, but not more than twenty-four (24) hours, prior to the initiation of any transfer operation, the transfer unit operator shall provide notice of the transfer to the Staff. For oil transfer operations where the transfer unit operator is given less than four (4) hours notice, the operator shall provide the Staff with notice of the transfer as soon as possible after receiving notice of the anticipated transfer, but in any case prior to the initiation of transfer operations.
(2) The notification requirement in Subsection (a) above also applies to oil transfers to or from a marine facility, tank vessel or nontank vessel within a drydock, and oil transfers to or from the drydock.
(3) Notifications shall be made in writing by facsimile machine or other agreed upon means to the Staff.
(4) The notification shall include the following:
a. the location of the transfer;
b. the expected time of arrival of the transfer unit;
c. time anticipated for initiation of the transfer operation;
d. time anticipated for completion of the transfer operation;
e. the names of the transfer unit and receiving unit involved;
f. the type or types of oil and quantity being transferred;
g. the name and 24 hour telephone and facsimile number of the Qualified Individual; and
h. the name of the transfer unit's contracted oil spill response organization(s).
(5) Acknowledgment by the Staff of the notification required by this section is not required to commence operations.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14 and 8670.25.5, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment of section heading and section filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§844.3. Containment and Response Equipment Requirements; Small Marine Fueling Facility Oil Transfer Operations.
Note     •     History

(a) The requirements specified in this section are in addition to those specified in 33 CFR 154 which are incorporated herein by reference.
(b) Small marine fueling facilities shall carry on-site appropriate equipment and supplies for the containment and removal of on-deck and on-shore oil spills of at least two barrels. Such equipment and supplies must include:
(1) sorbents sufficient to contain two barrels of oil;
(2) non-sparking hand scoops, shovels, and buckets;
(3) containers suitable for holding two barrels of recovered waste;
(4) a minimum of five gallons of a deck cleaning agent;
(5) appropriate protective clothing to protect personnel from inhalation hazards, eye exposure, and skin contact;
(6) non-sparking portable pumps with appropriate hoses; and
(7) the equipment required in this section must remain ready, and pumps with appropriate hoses must be ready, for immediate use during transfer operations.
(c) Small marine fueling facilities, not including mobile transfer units, must carry or provide at the point of transfer appropriate equipment and supplies for the containment and removal of both persistent oil, and #1 and #2 grade oil (as defined in Section 841 of this subchapter) spills in waters adjacent to the transfer site. Prior to beginning each transfer operation, the small marine fueling facility shall provide either one of the following for the duration of the entire transfer operation:
(1) boom deployed so as to enclose the water surface area adjacent to the vessel which will effectively maintain a common containment and oil entrapment area for:
(A) either of the following:
1. the entire vessel and the point of transfer; or
2. those portions of the vessel and seawall from which oil may spill into the water.
(B) where the hull of the vessel and the face of the dock or seawall are both capable of acting as effective barriers, the boom may be deployed so that it provides containment between the vessel and dock or seawall.
(C) the boom shall be deployed so that it provides a stand-off of not less than four feet from the outboard side of the vessel.
(2) sufficient boom, trained personnel and equipment, maintained in a stand-by condition at the point of transfer, such that at least 600 feet of boom, or an amount sufficient to meet the containment requirements in subsection (1) above, whichever is greater, can and will be deployed for the most effective containment immediately, but no longer than 30 minutes, after discovery of a spill.
(d) In addition to the requirements specified in this Subsection (c) above, the owner or operator of a small marine fueling facility, not including mobile transfer units, shall also identify the equipment, personnel and procedures such that at least an additional 600 feet of boom can and will be deployed. Mobile transfer units shall identify the equipment, personnel and procedures sufficient to contain a two barrel spill. These response resources shall be on-scene and deployed within one hour for the most effective containment in the event of an oil spill.
NOTE

Authority cited: Sections 8670.7, 8670.17, 8670.18 and 8670.28, Government Code. Reference: Sections 8670.2, 8670.14, 8670.25 and 8670.28, Government Code.
HISTORY

1. New article 1.3 and section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Note and filed 7-12-94 (Register 94, No. 28).
3. Renumbering of former section 844.3 to section 844.6 and new section filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§844.4. Oil Discharge Cleanup; Small Marine Fueling Facility Operations.
Note     •     History

(a) Each person conducting an oil transfer operation shall stop the transfer operation whenever oil from any source is discharged:
(1) in the transfer operation work area and poses a threat of spilling into marine waters; or
(2) into the water or upon the adjoining shoreline in the transfer area.
(b) Except as permitted under paragraph (c) of this section, no person may resume an oil transfer operation after it has been stopped under paragraph (a) of this section, unless:
(1) the source of the spill has been secured;
(2) the oil discharged in the oil transfer operation work area is cleaned up;
(3) the oil discharged into the water or upon the adjoining shoreline is cleaned up; and
(4) both persons in charge agree to resume the oil transfer operations.
(c) The U.S. Coast Guard Captain of the Port may authorize resumption of the oil transfer operation if it is deemed appropriate.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Section 8670.2, 8670.14 and 8670.25, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of Note and filed 7-12-94 (Register 94, No. 28).
3. Renumbering of former section 844.4 to section 844.7 and new section filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§844.5. Reporting Requirements; Small Marine Fueling Facility Operations.
Note     •     History

(a) An immediate report must be made by the vessel and the small marine fueling facility to the California Office of Emergency Services, in the event any of the following occurs during an oil transfer operation:
(1) a fire, explosion, collision, or grounding;
(2) any similar incident or occurrence which poses a threat to the vessels or facilities involved.
(b) The master or person in charge of a vessel or small marine fueling facility (including Mobile Transfer Units) shall immediately report any discharge of oil into the water.
(c) Notification: Mobile Transfer Units Only.
(1) Unless the Staff and the operator agree otherwise, at least four hours, but not more than 24 hours, prior to the initiation of any transfer operation, the mobile transfer unit operator shall provide notice of the transfer to the Staff. For mobile transfer unit operations where the operator is given less than four hours notice, the operator shall provide the Staff with notice of the transfer as soon as possible after receiving notice of the anticipated transfer, but in any case prior to the initiation of transfer operations.
(2) Notifications shall be made in person, by telephone or by facsimile machine to the Staff.
(3) The notification shall include the following:
a. the location of the transfer;
b. the expected time of arrival of the unit;
c. time anticipated for initiation of the transfer operation;
d. time anticipated for completion of the transfer operation;
e. the names of the transfer unit or receiving unit involved;
f. the type or types of oil being transferred;
g. the name and 24 hour telephone and facsimile number of the Qualified Individual; and
h. the name of the Mobile Transfer Unit's oil spill response organization(s).
(4) Acknowledgment by the Staff of the notification required by this section is not required to commence operations.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14 and 8670.25.5, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of subsections (b)(7), (c)(2), (d) and Note and filed 7-12-94 (Register 94, No. 28).
3. Editorial correction of subsection (c) (Register 95, No. 41).
4. Repealer and new section filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
Article 1.2. Additional Requirements for Lightering Operations
§844.6. Applicability.
Note     •     History

(a) This Article applies to vessels which engage in oil lightering operations where a spill could impact the marine waters of California. Lightering or lightering operation means the transfer of a cargo of oil in bulk from one vessel to another. Lightering includes all phases of the operation from the beginning of mooring activities between the transfer unit and the receiving unit to the departure of the either the transfer unit or the receiving unit. A lightering operation does not include bunkering. These rules are in addition to rules found in Article 1.1 of this subchapter. The requirements of this article shall not apply to a vessel that conducts a lightering operation in an effort to prevent an oil spill or other harm to public safety or the environment.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.17 and 8670.18, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with relocating of subsection (b)(2) to (c) and amendment of Note and filed 7-12-94 (Register 94, No. 28).
3. Repealer of former section 844.6 and renumbering of former section 844.3 to section 844.6, including relocation and renumbering of former article 1.3 heading to article 1.2 heading and amendment of article heading and section filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§844.7. General Requirements; Lightering Operations.
Note     •     History

(a) No vessel may transfer cargo oil upon marine waters of the State of California where the cargo oil is to be lightered, unless:
(1) the vessel is in compliance with the requirements of this subchapter;
(2) both the receiving unit and the transfer unit have on board at the time of transfer, a valid Certificate of Inspection, Certificate of Compliance, or a Tank Vessel Examination Letter, as would have been required under 46 U.S.C. 3710 or 3711, had the transfer taken place in a port or place subject to the jurisdiction of the United States; and
(3) the receiving unit and transfer unit as required by 33 CFR 151 have on board, at the time of transfer, an International Oil Pollution Prevention (IOPP) Certificate or equivalent documentation of compliance with Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978. Such documentation is the same as that which required by 33 CFR 151 for vessels in the navigable waters of the United States. The IOPP Certificate or documentation of compliance shall be that prescribed by 33 CFR 151.19 and 33 CFR 151.21, and shall be effective under the same timetable as specified in 33 CFR 151.19.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Note and filed 7-12-94 (Register 94, No. 28).
3. Repealer of former section 844.7 and renumbering and amendment of former section 844.4 to section 844.7 filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§844.8. Applicability.
Note     •     History

NOTE

Authority cited: Sections 8670.7, 8670.18 and 8670.28, Government Code. Reference: Sections 8670.2 and 8670.17, Government Code.
HISTORY

1. New article 1.4 and section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of Note and filed 7-12-94 (Register 94, No. 28).
3. Repealer of article 1.4 (sections 844.8-844.12) and repealer of section filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§844.9. Tug Requirements.
Note     •     History

NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.17, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of subsection (a) and Note and filed 7-12-94 (Register 94, No. 28).
3. Repealer filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§844.10. Mooring Masters.
Note     •     History

NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14 and 8670.17, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of subsections (a) and (b) and Note and new subsection (c) and filed 7-12-94 (Register 94, No. 28).
3. Repealer filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§844.11. Assistant to the Mooring Master.
Note     •     History

NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14 and 8670.17, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of Note and filed 7-12-94 (Register 94, No. 28).
3. Repealer filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§844.12. Underkeel Clearance.
Note     •     History

NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.17, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Note and filed 7-12-94 (Register 94, No. 28).
3. Repealer filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
Article 1.3. Transfer Operations Inspection Program
§845. Inspections.
Note     •     History

(a) Inspectors may board and inspect any vessel which is conducting, preparing to conduct, or has just finished conducting an oil transfer before either the transfer unit or the receiving unit has departed. The Administrator has the primary responsibility for carrying out the provisions of the Act within the Administrator's jurisdiction.
(b) The Administrator shall designate persons to act in the capacity of inspector for purposes of this article. Such personnel shall be readily identifiable by credentials issued by the Administrator. Credentials issued pursuant to this article shall be carried by the inspector conducting any inspection and made available for viewing upon request from any interested party.
(c) As used in Section 845.2 below, the term Administrator shall also mean any person having the authority to conduct inspections as delegated pursuant to this article.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.18, Government Code.
HISTORY

1. New article 1.5 and section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of subsection (b) and Note and filed 7-12-94 (Register 94, No. 28).
3. Renumbering of former article 1.5 to article 1.3 and amendment of subsections (a) and (b) filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§845.1. Compliance with Federal, State and Local Regulations.
Note     •     History

All operators involved in transfer operations shall comply with all applicable federal, state, and local pollution prevention regulations, including, but not limited to, the provisions under 33 CFR Parts 154, 155, and 156.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
§845.2. Inspections and Monitoring.
Note     •     History

(a) The Administrator shall carry out an inspection program which shall include the following:
(1) at least once every three years, the Administrator shall conduct a system safety inspection of each vessel engaged in transfer operations in the marine waters of California. Such an inspection shall determine whether the vessel is in compliance with equipment, procedures, and other requirements as specified by this subchapter.
(2) monitoring transfer operations at the transfer site on a continuing, random basis.
(b) Inspectors' Access to Vessels and Records.
(1) Every vessel operator shall provide the Administrator access at any time to any and all policies, guidelines and reports relating to the testing, inspection, maintenance and operation of the vessel, including but not limited to operations manuals and U.S. Coast Guard Inspection Reports.
(2) All vessel operators involved in transfer operations shall ensure that the Administrator has access at any and all times on board any and all vessels engaged in transfer operations. The vessel operator shall provide, at a minimum, SOLAS approved access to board the vessel. Access shall be provided to the Administrator for the purpose of monitoring transfer operations and compliance with regulations of the U.S. Coast Guard and the Administrator with regard to oil pollution prevention during such operations. The Administrator shall have access to any and all areas of the vessel necessary, as deemed by the inspector, to monitor any and all phases, aspects, and parts of the transfer operations.
(3) Access under paragraphs (1) and (2) shall be provided without warrant or prior notification by the Administrator.
(4) If the Administrator is denied access as specified under this section, all transfer operations at the vessel shall terminate and may not proceed until the earlier of the following occurs:
(A) the Administrator gives approval for transfers to proceed; or
(B) a period of 48 hours has elapsed from the time that the Administrator informed that access was denied. During such 48 hour period the Administrator shall pursue appropriate legal remedies to gain access, or enjoin further oil transfers.
(5) If access as specified under this section is denied, the Administrator shall do all of the following: 
(A) provide notification of the denial of access to the U.S. Coast Guard Marine Safety Office having jurisdiction;
(B) provide notification of the denial of access to the State Lands Commission; and
(C) take whatever legal action is necessary to obtain access, including, but not limited to, the following:
1. seeking any orders or other documents necessary or appropriate from a court having proper jurisdiction; or
2. seeking any other orders or documents necessary or appropriate.
(c) In the event of an oil spill, the presence of any of the Administrator's inspectors or any other agent or employee of the Administrator shall in no way relieve or alter any responsibility the operator of a vessel involved in transfer operations may have to report the discharge to the Office of Emergency Services, as required under Government Code Section 8670.25.5, and to comply with all applicable contingency plans and all requirements under the Government Code regarding response to oil spills.
NOTE

Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.18 and 8670.25.5, Government Code.
HISTORY

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Note and filed 7-12-94 (Register 94, No. 28).
3. Amendment of subsections (b)(2) and (b)(5)(A) filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
Chapter 4. Vessel Requirements
Subchapter 1. Tank Vessel Escort Program for the San Francisco Bay Region
Article 1. 
§851. Short Title.
Note     •     History

NOTE

Authority cited: Sections 8670.17 and 8670.23, Government Code. Reference: Section 8670.17, Government Code.
HISTORY

1. New chapter 3 (sections 851-851.10) and article 1 filed 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
2. New chapter 3 (sections 851-851.10) and article 1 refiled 8-16-93 as an emergency; operative 9-4-93 (Register 93, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-3-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-93 order including amendment of subchapter heading and repealer of section transmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Change without regulatory effect renumbering former chapter 3 to chapter 4 and amending subchapter 1 heading filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
5. Repealer of article 1 heading filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
§851.1. Effective Date of This Subchapter.
Note     •     History

This subchapter, as amended, shall be effective on June 9, 2004.
NOTE

Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Sections 8670.17.2(b), 8670.23.1(d), (e)(1) and (h), Government Code.
HISTORY

1. New section filed 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-16-93 as an emergency; operative 9-4-93 (Register 93, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-3-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-93 order including amendment of section and Note transmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Amendment of section and Note filed 8-31-94; operative 9-30-94 (Register 94, No. 35).
5. Amendment of section heading, section and Note filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
6. Amendment filed 5-19-2000; operative 6-18-2000 (Register 2000, No. 20).
7. Editorial correction reinstating section as it existed prior to amendments printed in error in Register 2000, No. 20 (Register 2000, No. 42).
8. Amendment filed 9-4-2001; operative 10-4-2001 (Register 2001, No. 36).
9. Change without regulatory effect amending section filed 10-7-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 41).
§851.2. Purpose and Scope.
Note     •     History

This subchapter sets forth tank vessel escort requirements for the San Francisco, San Pablo and Suisun Bays. These requirements specify that tank vessels carrying 5,000 or more long tons of oil in bulk as cargo shall be escorted by a suitable escort tug or tugs. The escort tugs will be available, and shall respond as needed to influence the speed and direction of travel of the tank vessel in the event of a casualty, or steering or propulsion failure, thereby reducing the possibility of groundings or collisions and the risk of oil spills from these tank vessels. This subchapter established the criteria for matching tugs to tankers and barges. Tankers will be matched according to a matrix that correlates a tanker's displacement with the braking force of a tug(s). Barges must be matched based on a one-to-one correlation of the deadweight tonnage of the barge to the braking force of the tug(s).
The Administrator shall review the matching criteria and other program elements within two years of the effective date of this subchapter. The program review will include a survey of the tanker-related incidents in U.S. waters to determine the types of failures that have occurred, an assessment of tug technology and any advances made in design and power, and the tug escort-related rules and policies that are implemented by other coastal states and maritime organizations. At the conclusion of the review, the Administrator will determine whether it is necessary to modify the tug/tanker matching criteria or any other provision of the program requirements.
NOTE

Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Sections 8670.17.2(b) and 8670.23.1(e)(1), Government Code.
HISTORY

1. New section filed 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-16-93 as an emergency; operative 9-4-93 (Register 93, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-3-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-93 order transmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Amendment of section and Note filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
§851.3. Definitions.
Note     •     History

Definitions governing the construction of this subchapter can be found in Government Code Section 8670.3, and Chapter 1 of this subdivision.
NOTE

Authority cited: Sections 8670.3, 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Sections 8670.3 and 8670.17.2(a), Government Code.
HISTORY

1. New section filed 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-16-93 as an emergency; operative 9-4-93 (Register 93, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-3-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-93 order including amendment of subsection (i)(1), new subsection (l) and subsection relettering transmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Change without regulatory effect repealing and adding new first paragraph, repealing subsections (a)-(j) and (m) and subsection relettering filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
5. Repealer and new section, and amendment of Note filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
§851.4. Applicability.
Note     •     History

(a) This subchapter shall apply to all tank vessels capable of carrying 5,000 or more long tons of oil in bulk as cargo when these vessels are underway on waters in the San Francisco, San Pablo and Suisun Bays, as follows:
(1) tank vessels carrying 5,000 or more long tons of oil as cargo shall be required to comply with all the requirements in this subchapter;
(2) tank vessels carrying less than 5,000 long tons of oil as cargo shall only be required to comply with the reporting requirement as stated in Subsection 851.7
(b) The escort requirements of this subchapter shall not apply to tank vessels that are only shifting location within an anchorage. Any tug used during such a shifting maneuver need not be an escort tug registered with the Clearing House.
(c) This subchapter shall not apply to tank vessels otherwise covered by the requirements of this subchapter in the event of an emergency. The master of the tank vessel shall report to the Clearing House any deviation from the requirements outlined in this subchapter as soon as practicable, and in no case later than the departure of the tank vessel from the marine waters of the state. For purposes of this section, an emergency shall include, but not be limited to, any of the following:
(1) imminent and immediate danger to the vessel, its cargo, or its crew; or
(2) imminent and immediate danger to a marine terminal, or to the escort tug; or
(3) imminent and immediate danger to a vessel in close proximity to the tank vessel; or
(4) any emergency declared by the Captain of the Port.
(d) This subchapter (except for this Subsection 851.4(d)) shall not apply to tankers with double hulls, as that term is defined in 33 CFR 157.03(kk), when the tanker also has the following:
(1) Fully redundant steering and propulsion systems to include:
(A) two independent propulsion systems each with a dedicated propeller, engine (or motor), electrical generation system, electrical system (including the switchboard), fuel system, lube oil system, and any other system required to provide the vessel with independent means of propulsion; and
(B) two independent rudders each with separate steering systems; and
(C) the propulsion and steering components, as described in Subsection (A) and (B) above, shall be arranged in separate spaces, such that a fire or flood in one space will not affect the equivalent system in the other space(s); and
(D) a bow thruster with an assigned power source;
(2) A Navigation System in compliance with the federal navigational equipment requirements set forth in 33 CFR Sections 164.35, 164.37, 164.38(b), 164.40, 164.41, 164.42, and 164.43.
(3) No exemption to this subchapter shall be allowed for a tanker requesting a U.S. Coast Guard Captain of the Port letter of deviation, pursuant to 33 CFR Sections 164.51, 164.53, and 164.55.
(4) The Administrator may require tankers that are exempt from this subchapter under the conditions outlined in Subsection (d) to periodically demonstrate the tanker and crew's ability to maneuver in response to a partial or total loss of propulsion and/or steering at a level of safety at least equal to that of an escorted tanker.
(e) This subchapter shall apply to all tugs being used to escort tank vessels in waters identified as escort zones.
(f) The tank vessel master remains responsible for the safe navigation and maneuvering of the vessel in all circumstances. The requirements outlined in this section are in addition to, and not a limitation of, any other responsibility created by custom, law, or regulation.
NOTE

Authority cited: Sections 8670.17.2(a) and 8670.23.1, Government Code. Reference: Section 8670.23.1, Government Code.
HISTORY

1. New section filed 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-16-93 as an emergency; operative 9-4-93 (Register 93, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-3-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-93 order including amendment of subsections (b) and (c), and Note transmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Amendment of section and Note filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
5. Amendment of subsections (b) and (d) and repealer and new subsections (d)(1)-(4) filed 9-4-2001; operative 10-4-2001 (Register 2001, No. 36).
6. Amendment of Note filed 9-15-2006; operative 10-15-2006 (Register 2006, No. 37).
§851.5. Escort Zone Requirements.
Note     •     History

(a) Six tank vessel escort zones are established as follows:
(1) Zone 1: All waters in the area encompassed by a straight line drawn between Point Bonita Light, through Mile Rocks Light to the shore (the COLREGS Demarcation Line), and eastward to the Golden Gate Bridge;
(2) Zone 2: All waters from the Golden Gate Bridge, south to a line drawn between the southern tip of Bay Farm Island and the southeastern tip of Point San Bruno Peninsula, and north to a line drawn from Point San Pablo to San Pablo Bay Light 4 (Light List number 5880), to San Pablo Bay Channel Light 5 (Light List number 5885), to Point San Pedro;
(3) Zone 3: All waters from the southern end of Zone 2 to one mile north of the San Mateo Bridge;
(4) Zone 4: All waters in the navigable channel from one mile north of and to one mile south of the San Mateo Bridge;
(5) Zone 5: All waters from the eastern boundary of Zone 2 to the western approaches of the Carquinez Bridges at Light 15;
(6) Zone 6: All waters from Light 15, through the Carquinez Strait, north on the Sacramento Ship Channel to one mile beyond the Ryer Island Ferry Terminal and east on the San Joaquin River to one mile beyond the Antioch Bridge;
(b) Tank vessels required to have escorts under this subchapter shall be escorted in the zones as specified below:
(1) Escort tugs are required for tank vessels operating within Zones 1, 2, 4, or 6;
(2) Escort tugs will not be required in Zones 3 or 5, or in areas outside of Zones 1 through 6;
(3) No tank vessel may transit in a zone that requires an escort tug unless escorted by a tug or tugs of sufficient size and capability, as specified in section 851.9 (for tankers) and 851.9.1 (for barges).
(4) In Zone 1, escort tugs shall be stationed as follows:
(A) on an inbound transit, the escort tug shall be in Zone 1 prior to the tank vessel's arrival to the area bounded by an arc eight nautical miles seaward of and centered on Mile Rocks Light; and
(B) on an outbound transit, the escort tug shall remain in Zone 1 until the tank vessel leaves the area bounded by an arc eight nautical miles seaward of and centered on Mile Rocks Light.
NOTE

Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Section 8670.17.2(a), Government Code.
HISTORY

1. New section filed 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-16-93 as an emergency; operative 9-4-93 (Register 93, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-3-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-93 order transmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Amendment of section heading, section and Note filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
§851.5.1. Escort Plans.
Note     •     History

(a) All tank vessel masters shall use an Escort Plan for transits through zones 1, 2, 4, or 6. The tank vessel shall not continue or commence a transit through any Escort Zone without an Escort Plan that is complete and adequate. The plan shall document the steps that the tank vessel owner/operator and/or master will take to comply with the requirements of this subchapter. The Escort Plan requirements set forth in this section are only planning standards and may not reflect the exigencies of an actual incident response. However, the Escort Plan must demonstrate that the vessel master is prepared to take the actions necessary to assure a reasonable level of success in providing the protection intended by this subchapter, as stated in section 851.2. The Escort Plan shall include:
(1) the tank vessel's intended route(s);
(2) the intended transit speed(s);
(3) a communication plan, to include the radio frequencies that will be used and any other means of electronic communication;
(4) the following characteristics of the tank vessel:
(A) the location and strength of the bitts and chocks to be used by the escort tugs,
(B) the location of the pushing surfaces on the hull that are strong enough to sustain the forces that can be exerted by the escort tug(s),
(C) the number of crew assigned to escort-related duties,
(D) any pertinent performance characteristics and related limitations of the steering and propulsion system(s);
(5) the escort tugs to be used during the transit as required in section 851.9 (for tankers) or 851.9.1 (for barges);
(6) the response actions that will most likely be implemented in the event of an emergency, taking into account the available bitts and chocks, pushing surfaces, line type, and expected tides and currents.
(b) Escort Plans shall be prepared using one of the following:
(1) a format as designed, completed and submitted by the tank vessel owner/operator; or
(2) a Checklist as recommended by the Harbor Safety Committee of the San Francisco Bay region, and approved by the Administrator. The vessel owner/operator shall assure that the vessel master completes the Checklist according to the requirements in this subchapter.
(c) Review, approval and use of an Escort Plan designed and submitted by the tank vessel owner/operator:
(1) a tank vessel owner/operator may develop an Escort Plan for a vessel or vessels, and submit that plan to the Administrator for review and approval prior to using the plan for escorted transits;
(2) the Escort Plan developed by the vessel owner/operator shall include all the information required in subsection 851.5.1(a). The requirement for information regarding the tug(s) to be used during the transit may be met by stating the size and braking force capacity of the tug(s) needed for each of the vessels covered by the plan.
(3) each plan shall be either approved, approved with conditions, or denied within 60 days after the Administrator receives the plan. Approval, once given, may be revoked if it is found that the plan submitter is not complying with the requirements of this subchapter;
(A) to be approved, the plan must comply with the requirements in this section, must match tug(s) to the tank vessels in accordance with the requirements in this subchapter, and must demonstrate that the tank vessel owner/operator and/or master maintains a level of readiness that will allow for effective implementation of the plan. The plan submitter shall be notified in writing when a plan has been approved.
(B) approval shall be denied or revoked if the plan, or the implementation of the plan, does not comply with the requirements of this subchapter. If a plan is denied or revoked, the Administrator shall notify the owner/operator in writing of the reasons for denial or revocation, and provide an explanation of those actions necessary to secure approval. The Checklist form of escort plan, as prescribed in this section, shall be used unless and until a new or revised escort plan is submitted and approved by the Administrator.
(4) once approved, the master and pilot shall use and comply with the Escort Plan on each escorted transit:
(A) the details of the Escort Plan shall be reviewed and discussed as part of the pre-escort conference (section 851.7);
(B) as part of the pre-escort communications, the pilot or, if there is no pilot on board, the master shall notify the Clearing House that the plan has been reviewed, and shall inform the Clearing House of the tugs that have been chosen for the escort.
(5) the Checklist format, as described in this section, shall be used for all escorted transits unless or until an Escort Plan is submitted by the vessel owner/operator, and approved by the Administrator.
(d) Completion, review and use of Escort Plans prepared using the Checklist format developed by the Harbor Safety Committee:
(1) the Checklist shall include all the items enumerated in subsection 851.5.1(a), as well as a schematic drawing of a tank vessel sufficient to illustrate the location of the bitts and chocks, and those areas on the hull that are capable of withstanding the forces exerted by the escort tug(s). The Administrator shall provide a copy of the approved Checklist to the Clearing House for distribution to tank vessel owner/operators, masters and/or pilots.
(2) the master shall complete the Checklist, and shall verify that all the requisite elements have been included. The master shall sign the Checklist to indicate that, to the best of the master's knowledge, the information on the Checklist is correct, and is in compliance with the requirements of this subchapter. If there is no pilot on board, the master shall notify the Clearing House when the Checklist has been completed and shall inform the Clearing House of the tugs that have been chosen for the escort. The Administrator may request a copy of any Checklist at any time to determine if the planning process has been completed adequately.
(3) the Checklist shall be completed by the tank vessel master at the following points during a transit operation:
(A) for vessels arriving from sea, the Checklist shall be completed prior to entering Zone 1;
1. Alternatively, the agent or owner/operator may complete the Checklist and electronically send the completed form to the master and the Clearing House:
i. before the vessel's estimated time of arrival to the San Francisco Bay Pilotage area, or
ii. before the vessel's arrival at the San Francisco Bay Precautionary Area, or
iii. after the vessel's departure from its last Port of Call.
(B) for in-bay movements or for departures, the Checklist shall be completed prior to beginning the transit.
(4) if a pilot is on board, the pilot shall review the Checklist as cited in subsection 851.5.1(d) and shall verify that all the elements have been completed adequately. The pilot shall sign the Checklist after reviewing and verifying its adequacy. The pilot shall then notify the Clearing House that the planning process has been completed, and shall inform the Clearing House of the tugs that have been chosen for the escort.
(A) the pilot shall determine that the Checklist is adequate if the following are met:
1. all the items on the Checklist have been addressed completely; and
2. the information provided demonstrates that the tank vessel master is prepared to take the actions necessary to assure a reasonable level of success in using the escort tug(s) in response to a vessel casualty.
(B) if the pilot determines that the Checklist is not adequate, the pilot shall notify the Clearing House, and explain the reason(s) for such determination. The Clearing House shall then immediately notify the Administrator that a Checklist has been determined to be inadequate by the pilot.
(C) The Administrator shall review all inadequacy determinations made by a pilot and shall decide whether the determination is appropriate. The Administrator may affirm or overturn such determination, or may provide for conditional approval of a Checklist, as follows:
1. the Checklist will be considered adequate if it is complete, if the tug to tanker match has been done in accordance with this subchapter, and the information provided demonstrates that the tank vessel master is prepared to take the actions necessary to assure a reasonable level of success in using the escort tug(s) in response to a vessel casualty. If a Checklist is determined to be inadequate, the vessel may be ordered to discontinue operations until an adequate Checklist is completed;
2. a Checklist may be approved conditionally if there is a minor deficiency in one or more of the requisite elements. Conditional approval may require that the tank vessel operate under specified precautionary measures (such as operating at a slower speed). If the owner/operator of a tank vessel fails to comply with the requirements of the conditional approval, the Administrator may order the tank vessel to discontinue operations until an acceptable Checklist for that vessel has been completed and approved.
(D) The pilot is not responsible for delaying or stopping the transit solely because of a plan's inadequacy.
(5) The tank vessel owner/operator or the master shall ensure a copy of the completed, signed Checklist is submitted to the Clearing House within 14 days after the transit covered by the Checklist. The master, pilot, ship's agent or vessel owner/operator may send the copy to the Clearing House. A copy of the Checklist shall also be maintained aboard the vessel for a period of one year after the transit. A copy of the Checklist shall be made available to the Administrator upon request.
NOTE

Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Sections 8670.17.2(b) and 8670.23.1(e)(1), Government Code.
HISTORY

1. New section filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
2. New subsections (d)(3)(A)1. and (d)(4)(D), and amendment of subsections (d)(4) and (d)(5) filed 5-19-2000; operative 6-18-2000 (Register 2000, No. 20).
3. Editorial correction reinstating section as it existed prior to amendments printed in error in Register 2000, No. 20 (Register 2000, No. 42).
4. New subsections (d)(3)(A)1.-iii., amendment of subsection (d)(4), new subsection (d)(4)(D) and amendment of subsection (d)(5) filed 9-4-2001; operative 10-4-2001 (Register 2001, No. 36).
§851.6. Clearing House Responsibilities.
Note     •     History

(a) The Administrator shall establish a Clearing House which shall be responsible for performing escort compliance and monitoring duties, to include the following:
(1) monitor, verify, and record the braking force of each escort tug that will be used to comply with this subchapter; 
(2) ensure that the braking force measurement is certified by the American Bureau of Shipping (ABS) or by any member in the International Association of Classification Societies;
(A) the braking force measurement shall be monitored by the Clearing House for those escort tugs that are tested in the San Francisco Bay region;
(B) escort tugs may be tested in another port if the braking force measurement is conducted in a manner consistent with the ABS (or equivalent) standards as used by the Clearing House. The tug owner/operator shall register such measurement with the Clearing House, and shall provide verification that the measurement complies with the ABS (or equivalent) standards.
(3) maintain and publish a register which lists the following for each escort tug whose braking force is measured under this section:
(A) the tug's name;
(B) the tug operator;
(C) the length of the tug;
(D) for tractor tugs, bollard pull ahead or astern, or the braking force determined by an alternate compliance model developed in accordance with the requirements of this subchapter;
(E) for conventional tugs, bollard pull astern;
(F) type and configuration of the propulsion system;
(G) type and configuration of the steering system.
(4) receive notification of a tank vessel's arrival  and/or movement as required under Section 851.7;
(5) receive notification of the displacement of a tanker, and the tug(s) chosen for an escorted transit. The Clearing House shall use this reported information to determine if the tanker is correctly matched to the escort tug(s) as required in this subchapter, and shall immediately report to the Administrator when such a match has not been done correctly. The verification shall be made prior to the tanker's arrival and/or movement. The Clearing House shall also be responsible for verifying the tug vessel's stability when these tugs are operating westward of the Golden Gate Bridge as specified in Section 851.8(f);
(6) receive notification of the deadweight tonnage of a barge and the tug(s) that have been chosen for the escorted transit. The Clearing House shall use this reported information to determine if the barge is correctly matched to the escort tug(s) as required in this subchapter, and shall immediately report to the Administrator if the match has not been done correctly. The verification shall be made prior to the arrival and/or movement of the barge;
(7) maintain copies of blank Checklists for distribution upon request to tank vessel owner/operators, masters and/or pilots;
(8) receive notification of the completion of an Escort Plan, or the completion and adequacy of a Checklist, and report to the Administrator when a pilot makes a determination that a Checklist is not adequate;
(9) maintain copies of the completed Checklists submitted by the tank vessel owner/operator or masters. Copies must be kept for a period of 3 years from the date of the transit covered by the Checklist. A copy of any Checklist shall be made available to the Administrator upon request;
(10) receive reports from tug owners, operators or agents of any tug casualty that occurs during an escorted transit, and develop and maintain a database of all such casualty reports;
(11) monitor compliance with the requirements of this subchapter and report all violations to both the Office of Spill Prevention and Response and the Harbor Safety Committee for the San Francisco Bay Region.
(b) The Administrator shall ensure that the duties of the Clearing House are performed in an effective and impartial manner. The Administrator may enter into a contract or establish a memorandum of understanding to designate an individual, organization, corporation or agency to operate as the Clearing House.
(c) The Clearing House shall be authorized to assess and collect a fee to cover the costs incurred in complying with the tug escort requirements of this subchapter. The owner/operators of all escort tugs and all tank vessels required to have a tug escort shall pay the fee assessed by the Clearing House.
NOTE

Authority cited: Sections 8670.17.1, 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Sections 8670.17.1 and 8670.23.1(e)(1), Government Code.
HISTORY

1. New section filed 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-16-93 as an emergency; operative 9-4-93 (Register 93, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-3-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-93 order including amendment of subsection (a)(3) transmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Amendment of section heading, section and Note filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
5. Amendment of subsections (a)(5), (a)(7) and (a)(12) filed 5-19-2000; operative 6-18-2000 (Register 2000, No. 20).
6. Editorial correction reinstating section as it existed prior to amendments printed in error in Register 2000, No. 20 (Register 2000, No. 42).
7. Amendment of subsections (a)(2), (a)(3)(D), (a)(5), (a)(7) and (a)(12) filed 9-4-2001; operative 10-4-2001 (Register 2001, No. 36).
8. Amendment of subsection (a)(7), repealer of subsection (a)(10) and subsection renumbering filed 5-10-2004; operative 6-9-2004 (Register 2004, No. 20).
§851.7. Communication and Reporting Requirements Before, During and After an Escorted Transit.
Note     •     History

(a) No more than one hour prior to entering or transiting the marine waters of the San Francisco, San Pablo or Suisun Bays, the pilot or, if there is no pilot onboard, the master of a tank vessel shall report the vessel's name and position to the Clearing House, and shall report the status of the vessel as follows:
(1) tank vessels carrying 5,000 or more long tons of oil as cargo shall report as “Escort Required”; or
(2) tank vessels carrying less than 5,000 long tons of oil as cargo and requiring no escort need not be reported.
(b) After completing the review of the Checklist or the Escort Plan, as specified in section 851.5.1, the pilot or, if there is no pilot onboard, the master of the tank vessel shall report the following to the Clearing House:
(1) a statement that the Escort Planning process has been completed;
(2) if a pilot is onboard, a statement from the pilot as to whether the Checklist is completed, and whether the Checklist is or is not adequate;
(3) a listing of the tugs that were chosen for the escort during the Escort Planning process;
(4) for a tanker, the vessel's displacement;
(5) for a barge, the vessel's deadweight tonnage.
(c) Pre-Escort Conference: Before commencing an escorted transit, the pilot or, if there is no pilot onboard, the master of the tank vessel shall initiate communications with the escort tug(s). During this pre-escort conference, all parties shall plan and discuss the details of the escorted transit as specified on the Checklist or in the Escort Plan, including, but not limited to, the following:
(1) the intended route;
(2) the intended destination;
(3) the speed of the vessel;
(4) the positioning of the escort tug(s) relative to the tank vessel being escorted;
(5) the manner in which an emergency connection would be made between the escort tug and tank vessel;
(6) radio communications, including primary and secondary frequencies; and
(7) anticipated weather and tidal conditions.
(d) The master of the escort tug(s) shall report the name of the tug(s) and the name of the tank vessel to the Clearing House upon arrival at the following locations:
(1) for inbound tank vessel movements; when passing Alcatraz, and when on-station;
(2) for in-bay and outbound tank vessel movements; when on-station at the tank vessel prior to movement of the tank vessel.
(e) At all times during the escorted transit, the master or pilot of the tank vessel shall maintain direct, two-way radio communication with the master or pilot of the escort tug. The radio communication shall be on a channel agreed to by both the master or pilot of the tank vessel and the master or pilot of the escort tug.
(f) Reporting tug casualties during and after an escorted transit:
(1) the master of the escort tug shall immediately notify the master or pilot of the escorted vessel of any casualty that occurs to the tug during the escorted transit. A casualty shall include any loss of main propulsion, primary steering, or any component or system that reduces the maneuverability of the tug, or any other occurrence that adversely affects the tug's ability to perform the escort function;
(2) the tug owner, operator or agent shall file a written casualty report with the Clearing House within 72 hours of occurrence. The Clearing House shall maintain a database of these reports for three years.
NOTE

Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Section 8670.23.1(e)(1), Government Code.
HISTORY

1. New section filed 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-16-93 as an emergency; operative 9-4-93 (Register 93, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-3-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-93 order transmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Amendment of section heading, section and Note filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
5. Amendment of subsections (a)(2) and (f)(2) filed 5-19-2000; operative 6-18-2000 (Register 2000, No. 20).
6. Editorial correction reinstating section as it existed prior to amendments printed in error in Register 2000, No. 20 (Register 2000, No. 42).
7. Amendment of subsections (a)(2) and (f)(4) filed 9-4-2001; operative 10-4-2001 (Register 2001, No. 36).
§851.8. Requirements for Escort Tugs; Braking Force Measurement, Crew and Training Standards, Equipment and Stationing Criteria.
Note     •     History

(a) Braking force measurement:
(1) any escort tug used to comply with the requirements of this subchapter must have its braking force verified and registered with the Clearing House, as follows:
(A) for tractor tugs escorting in an ahead position the braking force is measured as the ahead bollard pull;
(B) for tractor tugs escorting in an astern position the braking force is measured as the astern bollard pull;
(C) for conventional tugs the braking force is measured as the astern bollard pull.
(2) The braking force shall be re-measured after any modifications and/or repairs to the main engines, hull, shaft-drive line, or steering, that could affect the bollard pull. The new measurements must be verified and registered with the Clearing House.
(3) The Clearing House shall publish procedures and standards to be followed when conducting braking force measurement. These procedures, entitled “San Francisco Bay Region Clearing House, Rules for Bollard Pull Tests”, dated May 19, 2000, are incorporated by reference. These procedures and standards shall be made available upon request to the Clearing House.
(4) Any escort tug used to comply with the requirements of this subchapter shall also meet one of the following:
(A) the escort tug shall have its braking force re-measured within 3 years of its last bollard pull test, or;
(B) the escort tug shall submit to an Escort Tug Inspection Program, as follows:
1. Escort tugs 150 gross tons or greater, and classed escort tugs shall be made available for inspection by the Administrator twice in five years during their dry dock examination. The period between inspections shall not exceed three years.
2. Escort tug maintenance records shall be made available for inspection by the Administrator.
3. If dry dock examination extensions are necessary, escort tugs shall comply with the direction of the cognizant Officer in Charge, Marine Inspection, or American Bureau of Shipping principal surveyors' direction.
4. For classed escort tugs, a copy of the Class Surveyor's report confirming that the condition of the drive train (shafts, propellers, nozzles or other type drive) and main engines are in the same state as when the builder's or last bollard pull certificate was issued, shall be forwarded to the Administrator.
5. Escort tug companies shall participate and have a certificate of compliance from one of the following Management Systems:
i. American Waterways Operators Responsible Carrier Program;
ii. International Safety Management;
iii. ISO 9000 (quality management).
6. Escort tugs of less than 150 gross tons shall be made available for inspection by the Administrator once in five years during their dry dock examination. These escort tugs shall use a certified Marine Surveyor and shall comply with subsections 2, 3, and 4, above.
(C) Escort tugs that submit to the Escort Tug Inspection Program, as described above, can perform escort duties in any port in the state, if the tugs meet the requirements of the appropriate subchapter (i.e., Subchapter 1, San Francisco Bay Region; Subchapter 2, Los Angeles/Long Beach Harbor; Subchapter 3, Port Hueneme Harbor; Subchapter 4, Humboldt Bay; Subchapter 5, San Diego Harbor), of this Chapter 4 of the California Code of Regulations.
(b) Any escort tug used to comply with the requirements of this subchapter, must meet crew standards as follows:
(1) An escort tug shall have a minimum of four persons on board including one certified tug master and two certified deck hands. The fourth person shall be a crew member capable of resolving mechanical difficulties aboard an escort tug in the event of an emergency; 
(2) The requirement for four crew members does not preclude additional deck hands who are gaining experience for certification;
(3) The certified deck hands required under this subsection shall at all times be awake, alert and ready to respond during an escorted transit. The fourth person must be immediately available to respond to any mechanical difficulties aboard the escort tug. Immediate response may be assured by an alarm or other signaling device to wake or alert the fourth person to the emergency.
(A) The Administrator may review the equipment and crew on an escort tug to assure compliance with this provision. The Administrator may require that the fourth person be awake and alert and ready to respond if the tug operator does not provide adequate mechanism to assure that the fourth person is immediately available to respond to a mechanical difficulty.
(4) Working hours for escort crew members shall be limited to 15 hours in any 24-hour period, not to exceed 36 hours during any 72-hour period except in an emergency or a drill. Working hours shall include any administrative duties associated with the tug whether performed on board the tug or on shore.
(c) Training requirements for the crew of any escort tug used to comply with the requirements of this subchapter are as follows:
(1) to qualify for certification as the master or deck hand on an escort tug, an applicant must do all of the following:
(A) possess a current and valid U.S. Coast Guard Merchant Mariner's Document;
(B) show proof of at least 960 hours on duty of prior service aboard a tug, at least 240 hours of which must have been in the San Francisco Bay region;
(C) successfully complete an approved education program which covers the following topics:
1. basic tugboat seamanship;
2. line handling skills;
3. communication systems;
4. emergency response to the loss of steering or propulsion on an escorted tank vessel and on the escort tug itself.
(2) in addition to the requirements of subsection 851.8(c)(1), certification as the master of an escort tug requires that the applicant also do the following:
(A) possess a U.S. Coast Guard license appropriate to the escort tug in service; and
(B) show proof of an additional 240 hours on duty of service aboard a tug in the San Francisco Bay region (for a total of 480 of the requisite 960 hours of service); and
(C) successfully complete an approved education program which covers knowledge of local waters, basic seamanship, and the use of the escort tug in reducing the risk of an escorted vessel's grounding or collision.
(3) individuals may be considered to have satisfied certain educational requirements without attending an education program, if they meet the following criteria:
(A) an individual with a U.S. Coast Guard rating of Able Seaman Special (OSV) is considered to have met the educational requirements in subsection 851.8(c)(1)(C) 1 and 2;
(B) an individual with any Coast Guard license appropriate for the escort tug in service is considered to have met the educational requirements in subsections 851.8(c)(1)(C).
(4) the Administrator shall review and approve the educational programs for masters and deck hands of escort tugs, and shall establish and maintain a list of all such approved programs:
(A) an educational program shall be approved if it provides the coursework required by this section, and can adequately train students in the requisite skills;
(B) a request for approval of a program shall be submitted to the Administrator in writing and shall include the following:
1. a description of the course content and materials;
2. the qualifications of the instructors;
3. the estimated cost of the program to the students;
4. a description of the site(s) where the course will be held, both classroom and field locations.
(C) the Administrator shall notify the applicant of approval or denial within 30 days of the submittal of the application:
1. if the educational program is denied, the applicant will be notified of the reasons for denial and may resubmit the program for review after the deficiencies have been remedied;
2. once approved, the educational program must be submitted for re-evaluation at least once every 5 years or when a significant change occurs in the course content or materials. The 5-year re-submittal shall include an updated description of course content, materials, cost, and instructor qualifications, as well as copies of student evaluations from classes conducted during the previous year;
3. the Administrator may audit the course at any time to assure compliance with the requirements of this section.
(5) The Administrator shall assure compliance with tug crew training and qualification requirements. Compliance with crew training and qualification requirements shall be verified as follows:
(A) tug owner/operators shall establish and maintain adequate documentation to verify the training and qualifications of individual crew members, and shall make this information available to the Administrator upon request;
(B) the Administrator may review the owner/operator's documentation annually to assure compliance with this section;
(C) the Administrator may request this documentation at any time.
(d) The following equipment must be onboard an escort tug and in operable condition during all escorted transits:
(1) a line-throwing gun for use in Zone 1, with 300 feet of tag line. The tag line shall be of suitable strength and size for deploying the tow line;
(2) power line-handling equipment fore or aft for rapid, mechanically assisted deployment of lines. The primary line-handling equipment shall be in the position (fore or aft) best suited for the design of the particular tug in escort service;
(3) tow line with a breaking strength that is 2.5 times the certified braking force of the escort tug;
(4) a quick release device to be used when an escort tug is in a tethered mode;
(5) one working radar;
(6) fendering appropriate to absorb impact in skin-to-skin operations, and located at both the bow and stern to act as pivot points when pulling away from the tank vessel. In addition, the fencing must be sufficient to assure that there are no exposed corners, large holes or metal parts which could inflict damage on the escorted vessel, and must cover sufficient surface area to minimize sliding when working at an angle to the tank vessel.
(e) Annual inspection of the escort tug's equipment:
(1) the owner/operator shall assure that the required equipment is on board and operable during all escorted transits;
(2) the Administrator shall verify that the required equipment is on board each escort tug, and in operable condition. This verification may be obtained by an annual inspection which may be announced or unannounced. In conducting such inspections, the Administrator shall be guided by the standards established by the American Waterways Operators (AWO) in their Responsible Carrier Program, Sections III and IV, dated 2/21/95.
(f) Stability requirements for all escort tugs that operate westward of the Golden Gate Bridge are as follows:
(1) an escort tug shall have a load-line certificate; or
(2) an escort tug shall have a letter verifying stability issued by the American Bureau of Shipping or any member in the International Association of Classification Societies. The letter shall establish that the escort tug complies with the stability requirements outlined in federal Load Line Regulations at 46 CFR, Sections 42.09-10(a), 42.09-15(a), (b), and (c) except subparagraphs (1) and (2), and 42.09-25(a) and (b) except for the portion of the last line of (b) that reads “... and meeting applicable requirements in this subchapter”; and 46 CFR Sections 173.090, 173.095 and 174.145. A copy of this letter shall be kept on file with the Clearing House.
(g) Stationing requirements for escort tugs:
(1) an escort tug shall not simultaneously engage in the escort of more than one tank vessel;
(2) escort tugs shall maintain a station-keeping distance of no more than 1000 feet ahead or aside, or 500 feet astern of the tank vessel while engaged in escort activity;
(3) escort tugs shall standby as the tank vessel transits Zones 3 and/or 5, as follows:
(A) the escort tug(s) shall standby in Zone 2 or 6 as the tank vessel transits Zone 5; and
(B) the escort tug(s) shall standby in Zone 2 or 4 as the tank vessel transits Zone 3; or
(C) the escort tug(s) may accompany the escorted tank vessel through Zone 3 and/or 5 in lieu of standing by.
(4) in Zone 1, the escort tug(s) shall be stationed as follows:
(A) on an inbound transit, the escort tug shall be in Zone 1 prior to the tank vessel's arrival to the area bounded by an arc eight nautical miles seaward of and centered on Mile Rocks Light; and
(B) on an outbound transit, the escort tug shall remain in Zone 1 until the tank vessel leaves the area bounded by an arc eight nautical miles seaward of and centered on Mile Rocks Light.
(h) Escort transit log:
(1) escort tug masters shall keep a record in the ship's log of every escorted transit;
(2) the record of the escorted transit in the ship's log shall include information regarding the sequence of events during the transit, the crew assignments, any casualties that may occur, and any drills conducted.
NOTE

Authority cited: Sections 8670.17.2(a) and 8670.23.1, Government Code. Reference: Section 8670.23.1, Government Code.
HISTORY

1. New section filed 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-16-93 as an emergency; operative 9-4-93 (Register 93, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-3-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-93 order including amendment of subsections (b)(1), (2) and (4) transmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Amendment of section heading, section and Note filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
5. Amendment filed 5-19-2000; operative 6-18-2000 (Register 2000, No. 20).
6. Editorial correction reinstating section as it existed prior to amendments printed in error in Register 2000, No. 20 (Register 2000, No. 42).
7. Amendment filed 9-4-2001; operative 10-4-2001 (Register 2001, No. 36).
8. Amendment of subsection (a)(2), new subsections (a)(4)-(a)(4)(C) and amendment of Note filed 9-15-2006; operative 10-15-2006 (Register 2006, No. 37).
§851.9. Tanker and Tug Matching Criteria, and Tanker Crew and Equipment Requirements.
Note     •     History

(a) Default Matrix Option for Matching Tugs to Tankers: The tug or tugs used for an escorted transit shall be able to provide sufficient braking force to stop the escorted tanker from a speed of 5 knots through the water. The braking force of the tug(s) shall match the tanker's displacement, as indicated in the following matrix:

View Graphic
(1) Applicable current velocity: The current velocities shall be determined using the published tide and current tables developed and maintained by NOAA, and used by the pilots. The current velocity used shall be the one published for the estimated time of arrival at the points noted below. The estimated time of arrival shall include a window of 30 minutes before and after the scheduled arrival to account of possible delays or changes. Tank vessel operators are responsible for adjusting the estimated arrival time when it appears that it will fall outside of the originally estimated one hour window.
(2) Location of current readings: The specific current velocity to be used in conjunction with the matrix shall be the published readings for the following locations:
(A) The Golden Gate Bridge - the predicted current velocity at the Golden Gate Bridge shall apply to vessels in zones 1 and 2 that are west of a north-south line drawn through the eastern tip of Alcatraz Island and terminating at Angel Island or to vessels in zones 1 and 2 that are west of the eastern entrance to Racoon Strait.
(B) The Bay Bridge; west of Yerba Buena Island - the predicted current velocity at the Bay Bridge shall apply to vessels in zone 2 that are south of an arc drawn from Alcatraz Island east to Treasure Island and east of the north-south line drawn through Alcatraz Island.
(C) 1.25 miles north of Point Chauncey - The predicted current velocity at 1.25 miles north of Pt. Chauncey shall apply to vessels in zone 2 that are north of an arc with a radius of 2.7 nautical miles centered at the intersection of the Bay Bridge and the San Francisco Peninsula drawn from Alcatraz Island east to Treasure Island and east of the north-south line drawn through the eastern tip of Alcatraz Island.
(D) The San Mateo Bridge The predicted current velocity at the San Mateo Bridge shall apply to vessels while in zone 4.
(E) The Carquinez Bridge - the predicted current velocity in Carquinez Strait shall apply to vessels in zone 6.
How to use the Default Matrix Option for Matching Tugs to Tankers: The matrix provides current velocities for slack water, 1, 2, 3, and 4 knots. The slack water column shall be used only when the water is truly slack. The 1 knot column shall be used for any velocity above 0 and equal to 1. The 2 knot column shall be used for any velocity above 1 and equal to 2, and so on up to the 4 knot maximum.
In those situations where the current velocity is above 4 knots, such as may occur at the Golden Gate, the tank vessel requiring an escort tug shall reschedule the transit to a time when the current velocity drops to 4 knots or below.
(b) Alternative To The Default Matrix for Matching Tugs to Tankers: Measurement methodologies other than those used to establish the Default Matrix may be used instead of, or in addition to, the Matrix as follows:
(1) Alternate Compliance Model for Escort Tugs: Tug owner/operators may propose an alternate method for measuring the braking force of any tug (in kips). Such alternate method may be used to demonstrate that the tug can provide higher steering or braking forces (in kips) than the simple bollard pull measurement would indicate. An alternate measurement may only be submitted once in any 12 month period and shall comply with the following: 
(A) the owner/operator shall assure that the following are included when developing a methodology for calculating an alternate braking force for a given escort tug:
1. the alternate measurement is conducted from a starting speed of 10 knots for zones 1 and 2, and 8 knots for zone 4 and 6;
2. the escort tug is not required to exceed the limits of its ability to generate the forces, and in no instance submerges the deck edge to achieve the alternate measurement;
3. the escort tug operates all its equipment at or below the manufacturer's recommended guidelines for the safe working load of the tug;
4. unless demonstrated otherwise by full scale testing, all machinery shall be assumed to operate at or below performance levels published by the manufacturer;
5. any current bollard pull values registered with the Clearing House shall be utilized where appropriate in any formulas or models;
6. any known condition that would impair the escort tug's ability to perform shall be included in the calculation.
(B) the measurement must be conducted by a marine architect or engineer approved by the Administrator:
1. the tug owner/operator shall submit the name of the marine architect or engineer to the Administrator for approval prior to having that individual or his/her company conduct an alternate measurement.
2. the Administrator shall approve a marine architect or engineer if that person has demonstrated the education, knowledge and experience necessary to conduct the testing and modeling of tug capabilities and braking force.
(C) the alternate model and the resultant measurement shall be approved by the Administrator before the alternate model may be used to match a tanker to a tug or tugs. The Administrator shall approve the alternate model if it provides both of the following:
1. a higher force (in kips) than the simple bollard pull measurement would indicate; and
2. at least the same level of protection as the braking forces established in the default matrix.
(D) after an alternate model is approved, the Administrator shall provide the Clearing House with the new braking force measurement for the subject tug(s). The new measurements shall be used with the Default Matrix established in this section.
(2) Alternate Compliance Model for Tankers: Tanker owner/operators may develop a model for the vessels in their fleet relative to the steering and braking demands of the vessels, and the braking capabilities of tugs. The steering and braking demands established by the alternate model may be used instead of the Default Matrix to match escort tugs to the tankers. An alternate compliance model may only be submitted once in any 12-month period and shall comply with the following:
(A) the measurement must be conducted by a marine architect or engineer approved by the Administrator. The tanker owner/operator shall submit the name of the marine architect or engineer to the Administrator for approval prior to having that individual or his/her company conduct an alternate model:
1. the Administrator shall approve a marine architect or engineer if that person has demonstrated the education, knowledge and experience necessary to conduct the testing and modeling of tug capabilities and braking force.
(B) the alternate model and the resultant measurements shall be approved by the Administrator before the alternate model may be used to match a tanker to a tug or tugs. The Administrator shall approve the alternate model if the following conditions are met:
1. under the alternate model the tanker can complete a safe transit, staying within the 95th percentile of constraint as established in “The San Francisco Bay Tanker Escort Study,” dated 7/95, prepared by Glosten Associates; and
2.  the alternate model provides at least the same level of protection as the braking forces established in the Default Matrix, and can be achieved using no more than three tugs as required in subsection 851.9(d).
(C) After an alternate model is approved, the Administrator shall provide the Clearing House with the tanker in kips which corresponds to the tanker's displacement and speed under the approved alternate model.
(c) The Administrator may allow deviations from compliance for the matching of tugs to laden tankers when these vessels make short transits from the berth to berth within a zone and are assisted by docking tugs and transiting at speeds less than 8 knots.
(1) The tanker master or owner/operator shall make a request for such deviations to the Administrator through the Clearing House at least 24 hours prior to the desired shift.
(2) The Administrator shall approve or deny the deviation request by verbally notifying the Clearing House within 12 hours of the request. A written confirmation shall follow within 24 hours.
(d) Maximum number of tugs to be used during an escorted transit:
(1) the tanker must be accompanied by a sufficient number, but no more than three tugs to provide the braking forces specified in this section;
(e) Speed limits for tankers are as follows:
(1) tankers that use the Default Matrix as provided in this section shall not proceed at a speed in excess of 10 knots through the water in Zones 1, 2, 3 and 5, nor more than 8 knots through the water in Zones 4 and 6, with the following qualifications:
(A) the speed or speeds selected by the tanker for the transit must permit stationing the escort tug(s) to allow the tug(s) to effectively influence the tanker's movement in the event of a casualty;
(B) the tanker shall proceed at a safe speed. The determination of a safe speed shall include, but not be limited to:
1. environmental factors such as the depth of the water, visibility, wind conditions, and the speed of the tidal currents; and
2. proximity of other vessel traffic and any other vessels at anchor.
(C) Tankers shall in any case have their engines ready for immediate maneuver and shall not operate in any control modes or with fuels that prevent an immediate response to an engine order.
(2) tank vessels may be exempt from the speed limits specified in subsection 851.9(e)(1) if they establish and use an approved alternate compliance model for determining the steering and braking demands of their vessels, as provided in this section. In such cases, the speed limit will be that used to establish the alternate compliance model, and must be specified in the Escort Plan, or on the Checklist.
(f) Crew requirements:
(2) the tanker shall comply with all applicable federal regulations relating to anchor readiness;
(3) tankers shall have sufficient and qualified supervisors to provide direct supervision of line-handling crew operations. Supervisors shall have direct radio communication capability with the bridge of the tanker.
(g) Equipment requirements:
(1) each tanker shall have deck chocks and bitts that are of sufficient size, strength, and number to accommodate the anticipated braking force of the escort tug(s);
(2) the tanker owner/operator shall indicate the location and strength of the bitts and chocks in the Escort Plan for each vessel.
NOTE

Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Section 8670.23.1(e)(1), Government Code.
HISTORY

1. New section filed 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-16-93 as an emergency; operative 9-4-93 (Register 93, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-3-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-93 order including amendment of  subsections (d)-(f) transmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Repealer and new section filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
5. New subsections (a)(1) and (a)(2), repealer of subsections (c)(1) and (c)(2), and new subsections (c)-(c)(2) filed 5-19-2000; operative 6-18-2000 (Register 2000, No. 20).
6. Editorial correction reinstating section as it existed prior to amendments printed in error in Register 2000, No. 20 (Register 2000, No. 42).
7. Amendment filed 9-4-2001; operative 10-4-2001 (Register 2001, No. 36).
§851.9.1. Barge and Tug Matching Criteria, and Barge Crew and Equipment Requirements.
Note     •     History

(a) A barge must be accompanied by a sufficient number, but no more than three tugs to provide the braking force specified in this section:
(1) the line-haul tug which provides the power to push or tow a barge shall not become an escort tug during the course of a transit unless the line-haul tug has been relieved of its duties as the primary towing vessel, and replaced with another tug that serves as primary towing vessel,
(2) any line-haul tug that does become the escort tug after being relieved of all line-haul duties, must meet all the requirements for escort tugs as specified in this subchapter.
(b) The tug or tugs used to escort a barge must be able to provide sufficient braking force to stop the barge, measured as follows:
(1) the braking force shall be measured as the escort tug's astern static bollard pull;
(2) the escort tug shall have total astern static bollard pull in pounds equal to, not less than, the barge's deadweight tonnage;
(c) A barge shall not exceed 8 knots through the water during an escorted transit.
(d) Crew Requirements:
(1) A barge shall have sufficient and qualified line-handling-capable deck hands onboard the barge, standing by and available to receive lines from each escort tug;
(A) the deck hands for the barge shall be made available from the line-haul tug;
(B) in the interest of crew safety, when entering or leaving Zone 2 bound to or from the sea (Golden Gate Bridge), crew transfers to or from the barge may be made in the vicinity of Alcatraz Island;
(C) when a barge is fitted with an emergency tow wire, or comparable mechanical device of sufficient strength and handling characteristics to control the barge, or the escort tug is made fast to the barge, deck hands shall not be required on board the barge.
(2) Barges shall have sufficient and qualified supervisors to provide direct supervision of line-handling crew operations. Supervisors shall have direct radio communication capability with the bridge of the tug that is towing the barge.
(e) Equipment requirements:
(1) each barge shall have deck chocks and bitts that are of sufficient size, strength and number to accommodate the anticipated braking force of the escort tug(s);
(2) the barge owner/operator shall indicate the location and strength of the bitts and chocks in the Escort Plan for each vessel or on the Checklist for each transit.
NOTE

Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Section 8670.23.1(e)(1), Government Code.
HISTORY

1. New section filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
2. Amendment of subsection (a)(1) filed 5-19-2000; operative 6-18-2000 (Register 2000, No. 20).
3. Editorial correction reinstating section as it existed prior to amendments printed in error in Register 2000, No. 20 (Register 2000, No. 42).
4. Amendment of subsection (a)(1) filed 9-4-2001; operative 10-4-2001 (Register 2001, No. 36).
§851.10. Penalties.
Note     •     History

Any person who knowingly, intentionally or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9, Government Code, beginning with Section 8670.57.
NOTE

Authority cited: Sections 8670.17.2(a) and 8670.23.1, Government Code. Reference: Sections 8670.23.1 and 8670.57-8670.69.6, Government Code.
HISTORY

1. New section filed 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-16-93 as an emergency; operative 9-4-93 (Register 93, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-3-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-93 order transmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Amendment of section and Note filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
5. Amendment of Note filed 9-15-2006; operative 10-15-2006 (Register 2006, No. 37).
§851.10.1. Requests for Redetermination.
Note     •     History

The owner/operator of a tank vessel or an escort tug may request redetermination of an action taken relative to an inadequacy decision or conditional approval of an Escort Plan or Checklist, denial or revocation of approval of an educational program, or application for use of an alternative compliance model. A request for redetermination must be submitted in writing and shall be processed as follows:
(a) the request must be submitted to the Administrator within 15 calendar days from the date of the decision being disputed;
(b) the request must contain the basis for the redetermination and, if available, provide evidence which rebuts the basis for the decision;
(c) within 15 calendar days following the receipt of the request for redetermination, a notice shall be sent indicating that the Administrator shall adhere to the earlier decision or that the decision has been modified or rescinded.
NOTE

Authority cited: Sections 8670.17.2(a) and 8670.23.1, Government Code. Reference: Sections 8670.23.1 and 8670.57-8670.69.6, Government Code.
HISTORY

1. New section filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
2. Amendment of Note filed 9-15-2006; operative 10-15-2006 (Register 2006, No. 37).
Subchapter 2. Tank Vessel Escort Program for the Los Angeles/Long Beach Harbor
§851.20. Purpose and Scope.
Note     •     History

This subchapter sets forth tank vessel escort requirements for tank vessels underway in the Los Angeles/Long Beach Harbor and their approaches. These requirements specify that tank vessels carrying 5,000 or more long tons of oil in bulk as cargo shall be escorted by a suitable escort tug or tugs. When required, the escort tug(s) shall take action under the direction of the tank vessel master or pilot, to influence the speed and direction of travel of the tank vessels in the event of a casualty, steering or propulsion failure, thereby reducing the possibility of groundings or collisions and the risk of an oil spill from these tank vessels.
This subchapter establishes the criteria for matching tugs to tankers and barges. Tankers will be matched according to a matrix that correlates a tanker's displacement with the braking force of a tug(s). Barges less than 20,000 displacement tons shall be matched based on the aggregate displacement tonnage of both the primary towing vessel and the tank barge. Barges with a displacement tonnage greater than 20,000 require a tethered escort and a one-to-one correlation between the sum of the total displacement tonnage of the primary towing vessel and its barge, and the escort tug(s).
The Administrator shall review the matching criteria, other program elements and enforcement mechanisms within three years of August 15, 2001. The program review will include a survey of the tank vessel-related incidents in U.S. waters to determine the type of failures that have occurred, an assessment of tug technology and any advances made in design and power, and the tug escort-related rules and policies that are implemented by other coastal states and maritime organizations, and any changes to bathymetry in the Harbor. At the conclusion of the review, the Administrator will determine whether it is necessary to modify the tug/tank vessel matching criteria or any other provision of the program requirements.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code.
HISTORY

1. New subchapter 2 and section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Change without regulatory effect amending subchapter 2 heading filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Amendment of subchapter 2 heading, section and Note filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
4. Amendment filed 7-16-2001; operative 8-15-2001 (Register 2001, No. 29).
§851.21. Definitions.
Note     •     History

Definitions governing the construction of this subchapter can be found in Government Code Section 8670.3, and Chapter 1 of this subdivision.
NOTE

Authority cited: Sections 8670.3, 8670.17.2 and 8670.23.1, Government  Code. Reference: Section 8670.17.2, Government Code.
HISTORY

1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Change without regulatory effect amending section filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Amendment of section and Note filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
4. Repealer and new section filed 7-16-2001; operative 8-15-2001 (Register 2001, No. 29).
§851.22. Applicability.
Note     •     History

(a) This subchapter shall apply to all laden tank vessels when they are:
(1) Inbound from the seaward limits of the pilot operating areas to anywhere inside the Federal Breakwater;
(2) transiting anywhere inside the Federal Breakwater (from dock to anchor, anchor to dock and shifting between docks); and/or
(3) outbound from dock or anchor to the Federal Breakwater.
(b) This subchapter shall apply to all escort tugs being used to escort tank vessels during transits described in subsection (a), above.
(c) This subchapter (except for this Subsection (c)) shall not apply to tankers with double hulls, as that term is defined in 33 CFR 157.03, when the tanker also has fully redundant steering and propulsion systems; as well as integrated navigation systems to minimally include:
(1) Redundant propulsion and steering systems:
(A) two independent propellers each with a dedicated engine (or motor), propulsion system (electrical generation system) electrical system (including the switchboard), fuel system, lube oil system; and any other system required to provide the vessel with independent means of propulsion; and
(B) two independent rudders each with separate steering systems; and
(C) the propulsion and steering components, as described in subsections (A) and (B), above, shall be arranged in separate spaces, such that a fire or flood in one space will not affect the equivalent system in other space(s);
(D) a bow thruster with an assigned power source.
(2) A navigation system in compliance with the federal navigational equipment requirements set forth in 33 CFR Sections 164.35, 164.37, 164.38(b), 164.40, 164.41, 164.42, and 164.43.
(3) No exemption to this subchapter shall be allowed for a tanker requesting a U.S. Coast Guard Captain of the Port letter of deviation, pursuant to 33 CFR Sections 164.51, 164.53, and 164.55.
(4) The Administrator may require tankers that are exempt from this subchapter under the conditions outlined in Subsection (c) above to periodically demonstrate the tanker and crew's ability to maneuver in response to a partial or total loss of propulsion and/or steering at a level of safety at least equal to that of an escorted tanker.
(d) This subchapter shall not apply to purely dedicated response vessels.
(e) Consistent with Section 851.26(e) of this subchapter, nothing in these regulations shall prohibit the master or pilot from taking any action necessary to avoid:
(1) a collision or grounding; and/or
(2) damage to the tank vessel or escort tug and/or its crew and/or cargo.
(f) The requirements outlined in this section are in addition to, and not a limitation of, any other responsibility created by custom, law, or regulation. The tank vessel master remains responsible for the safe navigation and maneuvering of the tank vessel in all circumstances.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code; 33 USC 2002(b) and 2007; and 33 CFR 157.03.
HISTORY

1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment of section and Note filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
3. Repealer of subsection (c) and new subsections (c)-(c)(4) filed 7-16-2001; operative 8-15-2001 (Register 2001, No. 29).
§851.23. Requirements for Escort Tugs; Bollard Pull Testing and Certification, Equipment Requirements, Crew and Training Standards.
Note     •     History

(a) Bollard Pull Testing Requirements.
(1) All escort tugs in the Los Angeles/Long Beach Harbor used for escorting tank vessels, shall have their static bollard pull (ahead and astern) measured for determining their forces in kips.
(2) Static bollard pull measurements shall be verified by a member of IACS, and in accordance with the following standards:
(A) The measurement shall be taken with the escort tug's trim and/or displacement corresponding to applicable loadline requirements or letter of stability.
(B) Auxiliary equipment (such as pumps and generators) which is driven from the main engine(s) or propeller shaft(s) in normal operation of the escort tug shall be connected during the measurement process.
(C) All bollard pull measurements shall be derived solely on the basis of the escort tug's capabilities. No outside assistance shall be allowed.
(D) The propeller(s) blades fitted during the measurement shall be the same as those used when the escort tug is in normal operation.
(E) Water depth shall be a minimum of 45 feet (not underwater clearance).
(F) Water current shall not exceed 1.0 knot.
(G) Wind velocity shall not exceed 10 knots.
1. Measurements of water current and wind velocity shall be provided to the classification society surveyor by the escort tug owner's representative.
(H) Towline length shall be a minimum of 300 feet.
(I) The strain cell used for the measurements shall have been calibrated within the past 12 months. The classification surveyor shall verify this fact. The accuracy of the strain cell shall be +/-2% within a temperature range of -40o and 104oF.
(J) Instruments providing both a continuous read-out and the bollard pull graphically as a function of the time, shall be connected to the strain cell.
(K) The surveyor for the classification society shall:
1. be aboard the escort tug during the measurement process to verify that the bollard pull report is correct;
2. determine the escort tug's static bollard pull capacity by averaging the forces recorded (without any significant tendency of decline) for a period of at least 15 minutes while maintaining a fixed reading with the engine(s) operating at the manufacturer's recommended continuous output;
3. sign the completed “BOLLARD PULL REPORT” of the Los Angeles/Long Beach Harbor Safety Committee; and
4. sign and issue a “BOLLARD PULL CERTIFICATE”.
(3) Escort tug companies shall provide the Los Angeles/Long Beach Harbor Safety Committee with the results of the static bollard pull measurements taken pursuant to the provisions of this subchapter.
(4) Results of any and all static bollard pull measurements shall be inventoried and published by the Marine Exchange.
(5) Escort tugs which do not have current bollard pull certifications on file with the Marine Exchange and the Harbor Safety Committee or which do not meet the requirements for alternative compliance for bollard pull measurements, cannot be used for the escort of tank vessels in the Los Angeles/Long Beach Harbor.
(6) The braking force shall be re-measured after any modifications and/or repairs to the main engines, hull, shaft-drive line, or steering, that could affect bollard pull. The new measurements must be reported to the Los Angeles/Long Beach Harbor Safety Committee and on file with the Marine Exchange.
(7) Any escort tug used to comply with the requirements of this subchapter shall also meet one of the following:
(A) the escort tug shall have its braking force re-measured within 3 years of its last bollard pull test, or;
(B) the escort tug shall submit to an Escort Tug Inspection Program, as follows:
1. Escort tugs 150 gross tons or greater, and classed escort tugs shall be made available for inspection by the Administrator twice in five years during their dry dock examination. The period between inspections shall not exceed three years.
2. Escort tug maintenance records shall be made available for inspection by the Administrator.
3. If dry dock examination extensions are necessary, escort tugs shall comply with the direction of the cognizant Officer in Charge, Marine Inspection, or American Bureau of Shipping principal surveyors' direction.
4. For classed escort tugs, a copy of the Class Surveyor's report confirming that the condition of the drive train (shafts, propellers, nozzles or other type drive) and main engines are in the same state as when the builder's or last bollard pull certificate was issued, shall be forwarded to the Administrator.
5. Escort tug companies shall participate and have a certificate of compliance from one of the following Management Systems:
i. American Waterways Operators Responsible Carrier Program;
ii. International Safety Management;
iii. ISO 9000 (quality management).
6. Escort tugs of less than 150 gross tons shall be made available for inspection by the Administrator once in five years during their dry dock examination. These escort tugs shall use a certified Marine Surveyor and shall comply with subsections 2, 3, and 4, above.
(C) Escort tugs that submit to the Escort Tug Inspection Program, as described above, can perform escort duties in any port in the state, if the tugs meet the requirements of the appropriate subchapter (i.e., Subchapter 1, San Francisco Bay Region; Subchapter 2, Los Angeles/Long Beach Harbor; Subchapter 3, Port Hueneme Harbor; Subchapter 4, Humboldt Bay; Subchapter 5, San Diego Harbor), of this Chapter 4 of the California Code of Regulations.
(b) Equipment Requirements for Escort Tugs.
All escort tugs used to escort tank vessels shall be equipped with and shall maintain in good working order:
(1) primary and secondary VHF radios; and
(2) fendering appropriate to absorb the impact inherent in hull-to-hull operations; and
(3) power line handling equipment fore and aft to mechanically assist in the deployment and/or retrieval of tow lines.
(A) Tow lines provided by tank vessels and/or escort tugs shall:
1. be maintained in sufficient number, length, condition and strength to assure effective control of the intended vessel maneuver, based on weather conditions, the tank vessel's size, and the escort tug's certified static bollard pull or alternative model forces;
2. have a certified strength of at least 1.5 times the escort tug's certified static bollard pull or the alternative model forces found in Section 851.29 of this subchapter.
(c) Any escort tugs used to comply with the requirements of this subchapter shall meet crew standards as follows:
(1) Federal regulations regarding hours of work apply to licensed and unlicensed crew members. According to these regulations, working hours shall include any administrative duties associated with the tug whether underway or at the dock. Hours of rest shall be in accordance with Part A, Chapter 8, Section A-VIII/1, paragraphs 1-4, of the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978, as amended in 95 (STCW) standard, which is incorporated by reference.
(2) An escort tug, during escort and assist operations required by this subchapter, shall have a minimum of three crewmembers on board ready to respond at the tug master's discretion during an escort transit. At least one crewmember shall be capable of resolving mechanical difficulties aboard an escort tug in the event of an emergency.
(3) The Administrator may review the equipment and crew on an escort tug to assure compliance with this subsection.
(d) Training requirements for the crew of any escort tug used to comply with the requirements of this subchapter shall include, but are not limited to:
(1) In addition to demonstrable skills that satisfy federal requirements (46 CFR, Section 10.464) for towing vessel licensure, the following training elements are required (with refresher training every 5 years):
(A) Masters/Mates:
*1. Bridge management training;
*2. Radar training;
3. Navigation/boat handling training or proficiency evaluation, including Rules of the Road refresher training;
4. Company policy and procedure orientation, including review of international, federal and state requirements;
*5. Marine firefighting/fire prevention;
*6. Personal safety, including:
i. First aid and CPR certification;
ii. Confined space hazard awareness;
iii. Injury prevention;
iv. Cargo knowledge/hazard awareness.
*7. Responsibility and authority of master including supervisory skills training;
*8. Currency of knowledge, as required by federal law (46 CFR 15.812) to serve as pilot on non-self propelled tank vessels;
*9. Knowledge of local geography:
i. Terminal location and approaches;
ii. Anchorages;
iii. Tanker routes.
(B) Crew members, other than masters/mates:
1. Deck equipment operations and safety training;
2. Company policy and procedure orientation, which shall include a review of applicable international, federal and state requirements;
*3. Vessel firefighting/fire prevention;
*4. Personal safety, including:
i. First aid and CPR certification;
ii. Confined space hazard awareness;
iii. Injury prevention;
iv. Lock-out/tag-out procedure.
5. Marine diesel operations training, including engine room equipment and alarms.
In addition to the subjects listed above within this Subsection (B) crew members, other than masters and mates, shall demonstrate their ability to operate the vessel in place of the master/mate in an emergency situation, when the master/mate is unable for any reason to operate in his/her capacity.
(C) All crew members:
1. Employee orientation, including:
i. Drug and alcohol policy;
ii. Safety as a condition of employment;
iii. Vessel layout/deck operations;
iv. Required safety gear;
v. Job responsibilities.
*2. Emergency procedures orientation:
i. Fire;
ii. Collision/allision;
iii. Sinking;
iv. Grounding;
v. Man overboard;
vi. Personal injury;
vii. Oil spill reporting.
3. Knowledge and use of tug escorts:
i. How to use an escort tug to reduce the risk of grounding or collision of an escorted vessel;
ii. The roles of the tug (as servant of the vessel) and the pilot during escorts;
iii. The primacy of safety of life and the escort tug;
4. Capabilities and performance limitations of the escort tug, including but not limited to:
i. Handling and performance characteristics of escort tugs (e.g., stability, hydrodynamics, tripping, etc.);
ii. Propulsion type;
iii. Force capabilities;
iv. Line and connection system integrity;
v. Navigation systems.
(2) Training required as a condition of U.S. Coast Guard licensure (e.g., firefighting) may be used to satisfy the training specifications listed in Subsection (d)(1) above, as appropriate.
(3) Compliance with the crew training and qualification requirements listed in Subsection (d)(1) above shall be verified as follows:
(A) Companies that comply with the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW) certification and have a Safety Management System (SMS) in place shall provide internal audit reports and STCW training certificates to the Administrator upon request; or
(B) Companies that are not STCW certified, but which have a SMS in place shall request approval from the Administrator by providing all of the following:
1. Details of their training program; and
2. Certified audit reports; and
3. Demonstration of proficiency of the crew in the training elements prior to approval when deemed necessary by the Administrator.

__________

*Federal requirements
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.
HISTORY

1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Change without regulatory effect amending subsection (c)(1)(B) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Amendment of section heading, section and Note filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
4. Repealer of subsections (a)(5) and (a)(8), subsection renumbering and amendment of newly designated subsection (a)(6) filed 7-12-99 as an emergency; operative 7-12-99 (Register 99, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-99 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 7-12-99 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 2).
6. Repealer of subsections (a)(5) and (a)(8), subsection renumbering and amendment of newly designated subsection (a)(6) filed 1-10-2000; operative 2-9-2000 (Register 2000, No. 2).  
7. Amendment of section heading, repealer of subsections (c)-(c)(2) and new subsections (c)-(d)(3)(B)3. filed 9-27-2004; operative 10-27-2004 (Register 2004, No. 40).
8. New subsections (a)(6)(A)-(a)(6)(A)3. filed 4-25-2005; operative 4-25-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 17). 
9. Amendment of subsection (a)(6)(A)1. filed 3-1-2006 as an emergency; operative 3-1-2006 (Register 2006, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-29-2006 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (a)(6)(A)1. refiled 6-29-2006 as an emergency; operative 6-29-2006 (Register 2006, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-27-2006 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (a)(6), repealer of subsections (a)(6)(A)-(a)(6)(A)3., new subsections (a)(7)-(a)(7)(C) and amendment of Note filed 9-15-2006; operative 10-15-2006 (Register 2006, No. 37).
§851.24. Pre-Escort Conference.
Note     •     History

(a) Prior to commencing an escorted transit, the tank vessel master/pilot shall:
(1) contact the escort tug master, mate or officer in charge of the watch, to confirm the number and position of the escort tug(s); and
(2) establish the radio frequency to be used for communications; and
(3) establish the anticipated direction of movement and destination of the tank vessel; and
(4) communicate any other pertinent information that the master/pilot and escort tug master, mate or officer in charge of the watch deem necessary to facilitate operations in the case of an unplanned event.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code.
HISTORY

1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Change without regulatory effect amending subsection (a) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Repealer and new section filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
4. Amendment of subsections (a)(1)-(2) and (a)(4) filed 7-16-2001; operative 8-15-2001 (Register 2001, No. 29).
§851.25. Speed Limits for Tankers.
Note     •     History

(a) Tankers transiting between the seaward limits of the pilot operating areas and anywhere inside the Federal Breakwater shall restrict their speed as follows:
(1) eight (8) knots for vessels 60,000 displacement tons and less;
(2) six  (6) knots for vessels exceeding 60,000 displacement tons.
(b) The maximum speed limits contained in subsections (a)(1) and (a)(2) reflect favorable circumstances and conditions and shall be adjusted for safety based on weather and tidal conditions and the proximity of other vessel traffic.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code.
HISTORY

1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Renumbering of former section 851.25 to section 851.26 and new section filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
3. Amendment of section heading and section filed 7-16-2001; operative 8-15-2001 (Register 2001, No. 29).
§851.26. General Escort Tug Requirements for Tankers.
Note     •     History

(a) The force requirements contained in this subchapter reflect favorable circumstances and conditions. The tanker master/pilot shall arrange for additional escort tug(s) should adverse weather conditions, unusual port congestion, the contemplated movement of the vessel or other conditions or circumstances so require.
(b) The master/pilot of inbound tankers shall confirm by VHF contact with the required escort tugs(s), that the tug(s) is/are stationed at the appropriate seabouy prior to the tankers reaching the seaward limit of the pilot operating area.
(c) Tanker Crew Requirements.
(1) a tanker shall have:
(A) sufficient and qualified line handling capable crew members standing by and available to immediately receive lines from each escort tug. The crew shall not be assigned duties that would interfere with their ability to immediately respond to an emergency situation;
(B) its anchors ready for letting go prior to entering the pilot operating areas (inbound tankers only);
(C) sufficient and qualified supervisors to provide direct supervision of line handling crew operations for tankers. Supervisors shall have direct radio communication capability with the bridge of the tanker.
(d) Tanker Equipment Requirements:
(1) each tanker shall have appropriate and suitably maintained bitts and chocks that are of sufficient size, strength, and number to accommodate the anticipated forces of the escort tug(s);
(2) the tanker owner/operator shall indicate the location of the appropriate bitts and chocks, as well as the safe working loads, on the ship's general arrangement plan for each tanker. This information shall also be communicated to the pilot during the pre-escort conference required by Section 851.24 of this subchapter.
(e) Notwithstanding any other provision of this subchapter:
(1) any additional requirements for tug escort as deemed necessary by the U.S. Coast Guard shall supersede the requirements of this subchapter;
(2) During a nonemergency situation the master/pilot, may only adjust the minimum escort requirements contained in this subchapter with the concurrence of the Coast Guard Captain of the Port.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code.
HISTORY

1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Repealer of former section 851.26 and renumbering of former section 851.25 to section 851.26, including amendment of section heading, section and Note filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
3. Amendment of section heading and section filed 7-16-2001; operative 8-15-2001 (Register 2001, No. 29).
§851.27. Tanker and Tug Matching Criteria.
Note     •     History

(a) Force Selection Matrix. The tug(s) used for the escorted vessel movements described in Section 851.22, Subsections (a) and (b), shall provide forces equivalent to those delineated in the following Force Selection Matrix. Where multiple tugs are needed to meet these requirements, the total number of escort tugs for a single tank vessel movement or transit shall not exceed two.
(b) To meet the requirements of the Force Selection Matrix, tractor tugs shall be tethered, inbound and outbound. Conventional tugs may be tethered or untethered inbound, but shall be tethered outbound.
Section 851.27. Force Selection Matrix

View Graphic
(c) the above force requirements can be met by employing either:
(1) a single tractor tug, in which case the required force is set forth in the tractor tug column in the matrix above; or
(2) a single conventional tug, in which case the tug must meet both the required forces set forth in the conventional tug ahead and astern columns in the matrix above.
(d) accurate tug-to-tanker matching calculations for two tugs to meet the force requirements set forth in the above matrix, may be derived by using either:
(1) two conventional tugs; or
(2) a combination of two tugs, which may be employed, as follows:
(A) When using one tractor and one conventional tug the combined tug forces shall be calculated by subtracting the tractor tug's force measurement from the required force amount set forth in the tractor tug column in the matrix above, and multiplying the balance by the ratio (RT2) provided for the second tug in that tank vessel displacement category. The resulting force amount must be met by the conventional tug using its ahead force measurement.
E.g., force ahead of second tug > (force required from tractor tug column - force tractor) x RT2. I.e., force required from tractor tug column £ force tractor + (force ahead of second tug P RT2).
The conventional tug must also meet an astern force amount that shall be calculated by subtracting the tractor tug's force measurement from the required force amount set forth in the tractor tug column in the matrix above and multiplying the balance by 1.0.
E.g., force astern second tug > (force required from tractor tug column - force tractor) x 1. i.e., force required from tractor tug column £ force tractor + force astern conventional.
(B) When using two tractor tugs, the second tractor tug's force requirement shall be determined in the same way as for a second conventional tug.
Example: a 180,000 displacement tanker requires a 90 kip tractor tug to meet the minimum escort standards of this subchapter. In a situation where a 70-kip tractor tug is available, one additional tug could be used to fulfill the remaining 20 kip requirement by multiplying this balance by the ratio (Rt2) for this category. Thus, the ahead force and the astern force of the second tug must be:
Ahead force for the second tug (90-70)= 20 x 3.8 = 76 (kips).
Astern force for the second tug (90-70)= 20 x 1 = 20 (kips).
(C) When using two conventional tugs, the combined tug forces shall be calculated by subtracting the force measurement of the tug working at the transom from the required conventional tug ahead force amount set forth in the conventional tug ahead force column in the matrix above, and multiplying the balance by the ratio provided for the second tug, (Rc2) in that tank vessel displacement category. The resulting force amount must be met by the second conventional tug using its ahead force measurement.
E.g., force ahead of second tug > (ahead force required from conventional tug column - force ahead of first conventional tug) x Rc2.
I.e., ahead force required from conventional tug column £ force ahead of first conventional tug + (force ahead of second tug P Rc2).
The second conventional tug must also meet an astern force amount that shall be calculated by subtracting the first tug's astern force measurement from the required force amount set forth in the conventional tug astern force column in the matrix above, and multiplying the balance by 1.0.
E.g., force astern of second tug > astern force required from conventional tug column - force astern of first conventional tug.
I.e., astern force required from conventional tug column £ force astern of first conventional tug + force astern of second tug.
Example: a 180,000 displacement tanker requires a 220 kip ahead force and 120-kip astern force conventional tug to met the minimum escort standards of this subchapter. In a situation where a 150-kip ahead force with 100-kip astern force conventional tug is available, one additional tug could be used to fulfill the remaining force requirements (second tugs forces x Rc2). Thus, the ahead force and the astern force of the second tug must be:
Ahead force for the second tug = (220-150) x 1.6 = 112 (kips)
Astern force for the second tug = (120-100) x 1 = 20 (kips)
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code.
HISTORY

1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Repealer and new section filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
3. Amendment of subsections (b) and (d)(1), redesignation and amendment of a portion of subsection (d)(2)(A) as (d)(2)(B) and subsection relettering filed 7-16-2001; operative 8-15-2001 (Register 2001, No. 29).
§851.27.1. Tank Barge and Tug Matching Criteria, Tethering, Stationing and Equipment Requirements.
Note     •     History

(a) The tug(s) used to escort a tank barge must be able to provide sufficient braking force to stop the tank barge.
(1) The braking force shall be measured either as:
(A) the escort tug's ahead static bollard for tractor tugs using stern lines (VSP); or
(B) astern static bollard pull for tractor tugs using headlines (ASD); or
(C) astern static bollard pull for conventional tugs;
(2) At the appropriate seabouy:
(A) Tethered escort tug(s) are required for all tank barges and their primary towing vessels whose aggregate displacement tonnage exceeds 20,000;
(B) The escort tug(s) shall have the minimum individual or aggregate braking force, when tethered or untethered, as specified in Subsection (3) A. and B. below:
(3)

Total Displacement Tonnage of 	Minimum Required Escort Tug(s) Static 
the Tank Barge and the Primary 	Bollard Pull in Short Tons
Towing Tug	
	Tethered Escort  Untethered 
	Tug(s)      Escort Tug(s)

A. 0 to 20,000 displacements	10 short tons   15 short tons

	    Tethered Escort Tug(s)
B. >20,000 displacement tons	A total astern static bollard pull (in pounds)
 	equal to or greater than the sum of both the
 	primary towing tug's and barge's total 
	displacement tonnage. (E.g., where the total
 	towing tug and tank barge displacement is
 	25,000 displacement tons, the escort tug(s)'
	astern static bollard pull shall be at least
 	25,000 pounds or 12.5 short tons.)
(4) A tank barge must be accompanied by a sufficient number, but no more than two tugs to provide the braking force specified in this section.
(5) The towing tug which provides the power to push or tow a tank barge shall not become an escort tug during the course of a transit unless the towing tug has been relieved of its duties as the primary towing vessel, and replaced with another tug that serves as the primary towing vessel.
Any towing tug that does become the escort tug after being relieved of all towing duties must meet all the requirements for escort tugs as specified in this subchapter.
(6) The primary towing vessels for tank barges transiting between the seaward limits of the pilot operating areas  and anywhere inside the Federal Breakwater shall restrict their speed to four (4) knots.
(b) Stationing Requirements.
(1) The primary towing tug master or mate shall confirm by VHF contact with the required escort tug(s), that the tug(s) is/are stationed at the appropriate seabouy prior to the tank barge reaching the seaward limit of the pilot operating area.
(c) Equipment Requirements.
(1) Each tank barge shall have deck chocks and bitts that are of sufficient size, strength and number to accommodate the anticipated forces of the escort tug(s) as stated in subsection (a)(3) above;
(2) The tank barge owner/operator shall illustrate the location of the bitts and chocks, and any other locations on the hull, which are capable of withstanding the forces exerted by the escort tug(s), within documentation kept on file with the Marine Exchange, and onboard the towing tug.
NOTE

Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Section 8670.17.2, Government Code.
HISTORY

1. New section filed 7-16-2001; operative 8-15-2001 (Register 2001, No. 29).
§851.28. General Requirements for Tank Vessels.
Note     •     History

(a) All laden, inbound tank vessels engaged in movements described in Section 851.22, Subsections (a) and (b), shall:
(1) comply with the escort requirements specified in Section 851.27, or its alternatives found in Section 851.29; and
(2) report their displacement upon arrival and departure to the Vessel Traffic Information Service/Marine Exchange; and
(3) either through the tank vessel owner/operator or the agent acting on their behalf, provide the accurate displacement of the tank vessel when ordering tug escort services from the tug provider(s); and
(4) be met by the required escort tug at the seaward limit of the pilot operating areas; and
(5) not proceed closer than two nautical miles from the Federal Breakwater entrance unless the required escort tug is in position at the seaward limit of the pilot operating areas.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government  Code. Reference: Section 8670.17.2, Government Code.
HISTORY

1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Renumbering of former section 851.28 to new section 851.30 and new section 851.28 filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
§851.29. Alternative to Section 851.27 Requirements for Matching Escort Tugs to Tank Vessels.
Note     •     History

(a) Measurement methodologies other than those used to establish the requirements in Section 851.27 may be used instead of, or in addition to, that section as follows:
(1) Escort tug operators may propose an alternative method for measuring the forces of any escort tug (in kips) than the static bollard pull measurement indicates. An alternative measurement may be submitted only once in any 12 month period and shall comply with the following:
(A) the owner/operator shall assure that the following are included when developing a methodology for calculating alternate forces for a given escort tug:
1. The alternate measurement is conducted from a starting speed of five (5) knots;
2. the escort tug is not required to exceed the limits of its ability to generate the forces, and in no instance submerges the deck edge to achieve the alternate measurement;
3. the escort tug operates all its equipment at or below the manufacturer's recommended guidelines for its safe working load;
4. unless demonstrated otherwise by full scale testing, all machinery shall be assumed to operate at or below performance levels published by the manufacturer;
5. any current bollard pull values registered with the Marine Exchange shall be utilized where appropriate in any formulas or models;
6. any known condition that would impair the escort tug's ability to perform shall be included in the calculation.
(B) the measurement must be conducted by a naval architect or licensed marine engineer approved by the Administrator:
1. the escort tug operator shall submit the name of the naval architect or licensed marine engineer to the Administrator for approval prior to having that individual or his/her company conduct an alternate measurement.
2. the Administrator shall approve a naval architect or licensed marine engineer if that person has demonstrated the education, knowledge and experience necessary to conduct the testing and modeling of escort tug capabilities and forces.
(C) The alternate model and the resultant measurements shall be approved by the Administrator before the alternate model may be used to match a tanker to an escort tug or tugs. The Administrator shall approve the alternate model if it provides both of the following:
1. A higher force (in kips) than the static bollard pull measurement indicates; and
2. at least the same level of protection as the forces required by Section 851.27.
(D) After an alternate model is approved, the Administrator shall provide the Los Angeles/Long Beach Harbor Safety Committee with a list of the escort tug combinations which correspond to the tank vessel displacements and speeds under the approved alternate methodology.
(2) Tanker operators may develop a model for the vessels in their fleet relative to the steering and braking demands of the vessels. The steering and braking demands established by the alternate model may be used to match escort tugs to tankers in lieu of those specified in Section 851.27. An alternate compliance model may be submitted only once in any 12 month period and shall comply with the following:
(A) The measurement must be conducted by a naval architect or licensed marine engineer approved by the Administrator.
1. The tanker operator shall submit the name of the marine architect or licensed marine engineer to the Administrator for approval prior to having that individual or his/her company conduct an alternate model.
2. the Administrator shall approve a naval architect or licensed marine engineer if that person has demonstrated the education, knowledge and experience necessary to conduct the testing and modeling of escort tug capabilities and forces.
(B) The alternate model and the resultant measurements shall be approved by the Administrator before the alternate model may be used to match a tank vessel to an escort tug or tugs. The Administrator shall approve the alternate model if:
1. It provides at least the same level of protection as the forces established in Section 851.27; and
2. can be achieved using no more than two escort tugs as required by this subchapter.
(C)  After an alternate model is approved, the Administrator shall provide the Marine Exchange and the Los Angeles/Long Beach Harbor Safety Committee with the tank vessel demand in kips which corresponds to the tanker's displacement and speed under the approved alternate model.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code.
HISTORY

1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Renumbering of former section 851.29 to new section 851.32 and new section 851.29 filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
§851.30. Reporting.
Note     •     History

Anyone may report violations of the provisions of this subchapter to:
(a) the Office of Spill Prevention and Response; or
(b) The United States Coast Guard Captain of the Port.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government  Code. Reference: Section 8670.17.2, Government Code.
HISTORY

1. Renumbering of former section 851.28 to new section 851.30, including amendment of section and Note, filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
§851.31. Compliance Monitoring and Notification.
Note     •     History

Compliance monitoring of these regulations shall be accomplished by the procedures specified in either subsection (a) or (b), below:
(a) The development of a compliance monitoring program(s) or process(es) designed by the Port of Los Angeles and the Port of Long Beach (Ports), or their designees.
(1) The program(s) or process(es) shall specify how the Ports will provide the Administrator, or his designee, with notification of a violation(s) to the regulations; and or
(2) that the vessel, under normal, not exigent circumstances, is to be detained until the requirements of this subchapter have been fully met.
(A) The program and/or process shall be submitted to the Administrator for his/her review and approval no later than 120 days from the effective date of this regulation.
(B) The Administrator shall have 60 days within which to review and either approve, conditionally approve or disapprove the Ports' submittal. Upon termination of this time line the Administrator shall:
1. Fully approve the proposed program and/or process provided by the Ports and provide written confirmation of this approval.
2. Conditionally approve the proposal(s). The Administrator shall provide a written explanation for the conditional approval and state the objectional items contained in the proposal. The Ports shall be given 30 days from the date of their receipt of the Administrator's explanation, to resubmit a proposal which will either excise or mitigate, with an explanation, the Administrator's objections. The Administrator shall have 30 days from the date of receipt of the Ports' amended proposal, and shall either fully approve or fully disapprove this document.
3. Disapprove the Ports' proposals.
(b) If either of the Ports' program(s) and/or process(es) is/are disapproved, or if either of the ports fail to submit a program, the Administrator shall implement the compliance monitoring provisions of this subchapter by the adoption of further regulations. These regulations may include the establishment of a Clearing House function within the Marine Exchange or through any other legal means deemed appropriate by the Administrator.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.67(b), Government Code.
HISTORY

1. New section filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
§851.32. Remedies.
Note     •     History

(a) Nothing herein shall limit or prevent any action by any party in a court of competent jurisdiction.
(b) Any person who knowingly, intentionally or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or an administrative civil penalty as prescribed in Article 9 of the Government Code beginning with Section 8670.57.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.67(b), Government Code.
HISTORY

1. Renumbering of former section 851.29 to new section 851.32, including amendment of section and Note, filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
Subchapter 3. Tank Vessel Escort Regulations for Port Hueneme Harbor
§851.50. Purpose and Scope.
Note     •     History

The regulations in this subchapter set forth tank vessel escort requirements for Port Hueneme. These requirements specify the number of tugs required for escort service. The escort tugs will be available to influence the speed and direction of travel of a tank vessel in the event of a steering or propulsion failure, thereby reducing the possibility of a grounding or collision and the risk of an oil spill from these tank vessels.
The Administrator shall periodically review the elements of the tank vessel escort program. The program review will include a survey of the tanker-related incidents in U.S. waters to determine the types of failures that have occurred, an assessment of tug technology and any advances made in design and power, and the related tug-escort rules and policies that are implemented by other coastal states and maritime organizations. At the conclusion of the review, the Administrator will determine whether it is necessary to modify any provision of the program requirements.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code.
HISTORY

1. New subchapter 3, article 1 (sections 851.50-851.54) and section filed 3-21-95; operative 4-20-95 (Register 95, No. 12).
2. Change without regulatory effect amending subchapter 3 heading filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Change without regulatory effect amending section and Note filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43).
4. Amendment of subchapter heading and section filed 1-15-98; operative 2-14-98 (Register 98, No. 3).
5. Repealer of article heading and amendment of second paragraph filed 12-21-2004; operative 1-20-2005 (Register 2004, No. 52).
§851.51. Definitions.
Note     •     History

In addition to the definitions found in Government Code Section 8670.3 and Chapter 1, Section 790 of this Subdivision, the following definitions shall apply to this subchapter. Where similar terms are defined, the following will supersede the definition in Government Code Section 8670.3 and Chapter 1:
(a) “Escort” means maintaining a position in the vicinity of the tank vessel, based on existing conditions, which will enable a tug to provide timely and effective response to prevent a vessel casualty.
(b) “Master” means the licensed master of the tanker.
(c) “Operator” means the operator of an uninspected towing vessel licensed under federal statutes and/or regulations to engage in the towing of a barge.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.3 and 8670.17.2, Government Code.
HISTORY

1. New section filed 3-21-95; operative 4-20-95 (Register 95, No. 12).
2. Change without regulatory effect amending first paragraph, repealing subsections (c), (e) and (g)-(j), and subsection relettering filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Repealer of subsection (a), subsection relettering, and amendment of Note filed 1-15-98; operative 2-14-98 (Register 98, No. 3).
4. Amendment of first paragraph filed 12-21-2004; operative 1-20-2005 (Register 2004, No. 52).
§851.51.1. Requirements for Escort Tugs.
Note     •     History

(a) A tug may be used for escort services if authorized by the Oxnard Harbor District and/or the U.S. Navy for use in Port Hueneme.
(b) Tugs used for escort services must be equipped with at least 500 horsepower.
(c) The braking force shall be re-measured after any modifications and/or repairs to the main engines, hull, shaft-drive line, or steering,  that could affect the bollard pull. The new measurements must be registered with the Oxnard Harbor District.
(d) Escort tugs that submit to the Escort Tug Inspection Program, as described in Sections 851.8(a)(4)(B) and 851.23(a)(7)(B), can perform escort duties in any port in the state, if the tugs meet the requirements of the appropriate subchapter (i.e., Subchapter 1, San Francisco Bay Region; Subchapter 2, Los Angeles/Long Beach Harbor; Subchapter 3, Port Hueneme Harbor; Subchapter 4, Humboldt Bay; Subchapter 5, San Diego Harbor), of this Chapter 4 of the California Code of Regulations.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code.
HISTORY

1. Change without regulatory effect adding new section filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43).
2. Amendment of Note filed 12-21-2004; operative 1-20-2005 (Register 2004, No. 52).
3. New subsections (c)-(d) filed 9-15-2006; operative 10-15-2006 (Register 2006, No. 37).
§851.52. Tug Escort for Tankers.
Note     •     History

(a) All tankers operating in Port Hueneme, whether entering, departing, shifting or berthing, shall use two escort tugs between the Pilot Boarding Area and the designated berth. For purposes of this Article, oil spill response vessels and offshore supply vessels as defined in 46 USC 2101, are not required to engage escort tugs in accordance with this subchapter.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code.
HISTORY

1. New section filed 3-21-95; operative 4-20-95 (Register 95, No. 12).
2. Amendment of section heading, section and Note filed 1-15-98; operative 2-14-98 (Register 98, No. 3).
§851.53. Tug Escort for Barges.
Note     •     History

(a) All tank barges operating in Port Hueneme, whether entering, departing, or shifting, except as specified in subparagraph (a)(4), shall use a tug or tugs for escort, in addition to the towing vessel, based on the following criteria:
(1) Tank barges of 150 feet or less: No escort tug is required unless deemed necessary by the Master or Operator as appropriate for that size vessel.
(2) Tank barges greater than 150 feet, but less than or equal to 250 feet: One escort tug is required; the horsepower of the tug shall be appropriate for that size vessel as deemed necessary by the Master or Operator as appropriate for that size vessel.
(3) Tank barges greater than 250 feet: At least one escort tug is required; the horsepower of the tug shall be 1500 horsepower or greater. Additional tugs shall be used as deemed necessary by the Master or Operator as appropriate for that size vessel.
(4) Empty tank barges operating in Port Hueneme shall have a tug escort on a case-by-case basis as deemed necessary by the Master or Operator as appropriate for that size vessel.
(b) In accordance with Section 851.53(a), tank barges entering or departing Port Hueneme shall be escorted by a tug or tugs between the Pilot Boarding Area and the designated berth. For purposes of this Article, oil spill response vessels and offshore supply vessels as defined in 46 USC 2101, are not required to engage escort tugs in accordance with this subchapter.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code.
HISTORY

1. New section filed 3-21-95; operative 4-20-95 (Register 95, No. 12).
2. Amendment of section heading, section and Note filed 1-15-98; operative 2-14-98 (Register 98, No. 3).
§851.54. Remedies.
Note     •     History

(a) Nothing herein shall limit or prevent any action by any party in a court of competent jurisdiction.
(b) Any person who knowingly, intentionally or negligently violates any provision of this Subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9, beginning with Government Code Section 8670.57.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.57, Government Code.
HISTORY

1. New section filed 3-21-95; operative 4-20-95 (Register 95, No. 12).
2. Amendment subsection (b) and amendment of Note filed 12-21-2004; operative 1-20-2005 (Register 2004, No. 52).
Subchapter 4. Tank Vessel Escort Regulations for Humboldt Bay
Article 1. General Provisions and Definitions
§851.80. Purpose and Scope.
Note     •     History

The regulations in this subchapter set forth tank vessel escort requirements for tank vessels entering, shifting within, or leaving Humboldt Bay.
“Humboldt Bay” encompasses those harbor boundaries which include all submerged lands of Humboldt Bay (Inner Harbor); and the open water boundary defined as the area centered on the Humboldt Bay Sea Buoy and extending radially outward for a distance of one mile then landward to the perpendicular intersection with the north and south spits.
The escort tug requirements specify that tank vessels carrying as cargo a total volume of oil greater than or equal to 5,000 long tons or 5% of the vessel's deadweight tonnage, whichever is less, shall be escorted by a suitable escort tug(s).
The escort tug(s) shall be used to influence the speed and direction of travel of a tank vessel in the event of a steering or propulsion failure, thereby reducing the possibility of groundings or collisions and the risk of an oil spill from these tank vessels.
The Administrator shall review the tug/tank vessel matching criteria and other requirements of this subchapter within two years of the effective date of this subchapter. The review will include a survey of the tank vessel-related incidents in U.S. waters to determine the type of failures that have occurred, an assessment of tug technology and any advances made in design and power, and the escort tug-related rules and policies that are implemented by other coastal states and maritime organizations. At the conclusion of the review, the Administrator will determine whether it is necessary to modify the tug/tank vessel match criteria or any other requirements of this subchapter.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.
HISTORY

1. New subchapter 4, article 1 (sections 851.80-851.86) and section filed 2-27-97; operative 3-29-97 (Register 97, No. 9).
§851.81. Definitions.
Note     •     History

In addition to the definitions found in Government Code Section 8670.3 and Chapter 1, Section 790 of this subdivision, the following definition shall apply to this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1:
(a) “Bona fide sister tug” means a tug which has not had its bollard pull capabilities verified by a member of the International Association of Classification Societies, but is constructed and maintained with the same hull form, engines, type of propulsion, stability, maneuverability, speed, power, and endurance of a tested and certified escort tug.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.
HISTORY

1. New section filed 2-27-97; operative 3-29-97 (Register 97, No. 9).
§851.82. Escort Tug Requirements for Tank Vessels.
Note     •     History

(a) Escort tugs, alone or in combination, must have total ahead bollard pull in pounds greater than or equal to the tank vessel's deadweight tonnage. When required under this subsection and subsection 851.85(j)(2), additional escort tugs shall stand by during transit and be prepared to render assistance.
(b) All tankers transiting the waters of Humboldt Bay, carrying as cargo a total volume of oil greater than or equal to 5,000 long tons or 5% of the vessel's deadweight tonnage, whichever is less, shall use a minimum of one escort tug. For purposes of this subchapter, oil spill response vessels, and offshore supply vessels as defined in 46 USC 2101, are not required to engage escort tugs in accordance with this subchapter.
(c) All tank barges transiting the waters of Humboldt Bay, carrying as cargo a total volume of oil greater than or equal to 5,000 long tons or 5% of the vessel's deadweight tonnage, whichever is less, shall use at least one escort tug, in addition to the barge's line-haul tug. For purposes of this subchapter, oil spill response vessels, and offshore supply vessels as defined in 46 USC 2101, are not required to engage escort tugs in accordance with this subchapter.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.
HISTORY

1. New section filed 2-27-97; operative 3-29-97 (Register 97, No. 9).
§851.83. Requirements for Escort Tug Crew Members.
Note     •     History

Any escort tug used to comply with the requirements of this subchapter, must meet crew standards as follows:
(a) Escort tug operators shall, at a minimum, be duly licensed Operators of Uninspected Towing Vessels as set forth in Title 46, Code of Federal Regulations (CFR), Section 10.464.
(b) Escort tug crews shall have a minimum of two certified deck hands. An engineer, if employed, may not be included as a deck hand. This requirement does not preclude additional deck hands who are gaining experience for certification, but such deck hands cannot be used to meet the manning requirements of this section.
(c) Escort tug crews shall possess Coast Guard license(s)/document(s) appropriate for the escort tug and service.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.
HISTORY

1. New section filed 2-27-97; operative 3-29-97 (Register 97, No. 9).
§851.84. Requirements for Escort Tugs.
Note     •     History

All escort tugs approved for use under this subchapter shall be equipped with and shall maintain in good working order:
(a) Primary and secondary VHF radios;
(b) 300 feet of tag line;
(c) Power line-handling equipment fore and aft for rapid, mechanically assisted deployment of lines. The primary winch shall be in the position best suited for the design of the particular vessel in escort service;
(d) Tow line with a “safe working load” that is 2.5 times the certified bollard pull rating of the escort tug;
(e) One working radar;
(f) Fendering as follows:
(1) appropriate to absorb the impact inherent in hull-to-hull operations;
(2) located at both the bow and stern to act as pivot points when pulling away from the tank vessel;
(3) sufficient to assure that there are no exposed corners, large holes or metal parts which could inflict damage on the escorted vessel; and
(4) sufficient surface area to minimize sliding when working at an angle.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.
HISTORY

1. New section filed 2-27-97; operative 3-29-97 (Register 97, No. 9).
§851.85. Requirements During Tank Vessel Escorts.
Note     •     History

(a) Escort tugs shall maintain a station-keeping distance from the tank vessel being escorted of no further than 1,000 feet ahead or aside, or 500 feet astern of the tank vessel while engaged in the escort activity.
(b) An escort tug shall not simultaneously engage in the escort of more than one tank vessel.
(c) The speed or speeds selected for the transit must permit stationing the escort tug to allow the escort tug to effectively influence the tank vessel's movement in the event of a casualty.
(d) A tanker shall have sufficient and qualified line-handling-capable crew members standing by and available to immediately receive lines from each escort tug. In addition, the tanker shall comply with all applicable federal regulations relating to anchor readiness.
(e) The line-haul tug for a tank barge shall have sufficient and qualified line-handling-capable deck hands standing by available to receive lines from each escort tug. When the tank barge is fitted with an emergency tow wire or comparable, adequate mechanical device, or the escort tug is made fast to the tank barge, crew transfers shall not be required.
(f) Tank vessels shall have sufficient and qualified direct supervision of line-handling-crew operations. Supervisors shall have direct radio communication capability with the bridge of the tank vessel or vessel towing a barge.
(g) The master of any tank vessel shall maintain, at all times for which escort tug services are required, direct two way radio communications on VHF-FM with the master of the escort tug on a channel agreed to by both the master of the tank vessel and the master of the escort tug providing escort services.
(h) Notwithstanding any other provision of this subchapter, all escort tugs in Humboldt Bay which meet the requirements of this subchapter for the escort of tank vessels shall have their bollard pull (ahead and astern) measured, except as provided in (i) below.
(1) Bollard pull measurements shall be verified by a member of the International Association of Classification Societies.
(2) Bollard pull measurements verified by a member of the International Association of Classification Societies in other ports of the State shall meet the requirements of this section, provided that evidence of the results of these measurements are on file with the Humboldt Bay Harbor District.
(3) Escort tug companies shall provide the Humboldt Bay Harbor District with the results of the bollard pull measurements verified pursuant to the provisions of this subchapter.
(4) Escort tugs whose bollard pull has not been measured and verified or are not within the scope of the definition of “bona fide sister tug”, shall not be used for the escort of tank vessels in Humboldt Bay.
(i) An escort tug determined by the master/pilot to be a “bona fide sister tug” may be used with the same (ahead and astern) bollard pull as the certified sister tug.
(j) The braking force shall be re-measured after any modification and/or repairs to the main engines, hull, shaft-drive line, or steering,  that could affect the bollard pull. The new measurements must be registered with the Humboldt Bay Harbor District.
(k) Escort tugs that submit to the Escort Tug Inspection Program, as described in Sections 851.8(a)(4)(B) and 851.23(a)(7)(B), can perform escort duties in any port in the state, if the tugs meet the requirements of the appropriate subchapter (i.e., Subchapter 1, San Francisco Bay Region; Subchapter 2, Los Angeles/Long Beach Harbor; Subchapter 3, Port Hueneme Harbor; Subchapter 4, Humboldt Bay; Subchapter 5, San Diego Harbor), of this Chapter 4 of the California Code of Regulations.
(l) Notwithstanding any other provision of this subchapter:
(1) The tank vessel master remains responsible for the safe navigation and maneuvering of the tank vessel in all circumstances. The requirements outlined in this subchapter are in addition to, and not a limitation of, any other responsibilities created by custom, law, or regulation.
(2) Where an emergency exists, the tank vessel master may adjust the minimum escort tug requirements contained in this subchapter. For purposes of this subchapter, an emergency is defined as any of, but is not limited to, the following:
(A) imminent and immediate danger to the tank vessel, its cargo or its crew;
(B) imminent and immediate danger to a marine terminal, service or escort tug;
(C) imminent and immediate danger to a vessel in the proximity of the escorted vessel; or
(D) any emergency declared by the United States Coast Guard Captain of the Port which would necessitate a modification to the provisions set forth in this subchapter.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.
HISTORY

1. New section filed 2-27-97; operative 3-29-97 (Register 97, No. 9).
2. New subsections (j)-(k) and subsection reletting filed 9-15-2006; operative 10-15-2006 (Register 2006, No. 37).
§851.86. Remedies.
Note     •     History

(a) Nothing herein shall limit or prevent any action by any party in a court of competent jurisdiction.
(b) Any person who knowingly, intentionally or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9, Government Code, beginning with Section 8670.57.
NOTE

Authority cited: Sections 8670.17.2(d) and 8670.23.1(d), Government Code. Reference: Sections 8670.17.2, 8670.23.1 and 8670.57, Government Code.
HISTORY

1. New section filed 2-27-97; operative 3-29-97 (Register 97, No. 9).
Subchapter 5. Escort Tug Requirements for San Diego Harbor
§852. Purpose and Scope.
Note     •     History

The regulations in this subchapter set forth tank vessel escort requirements for the San Diego Harbor. Escort tugs shall be available to influence the speed and direction of travel of a tank vessel in the event of a casualty, or a steering or propulsion failure, thereby reducing the possibility of a grounding or collision and the risk of an oil spill.
The Administrator shall periodically review the tug/tank vessel matching criteria and other requirements of this subchapter. The review will include a survey of the tank vessel-related incidents in U.S. waters to determine the type of failures that have occurred, an assessment of tug technology and any advances made in design and power, and the escort tug-related rules and policies that are implemented by other coastal states and maritime organizations. At the conclusion of the review, the Administrator will determine whether it is necessary to modify the tug/tank vessel match criteria or any other requirements of this subchapter.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.
HISTORY

1. New subchapter 5 (sections 852-852.6) and section filed 1-23-97; operative 2-22-97 (Register 97, No. 4).
2. Amendment of section and Note filed 3-30-2005; operative 4-29-2005 (Register 2005, No. 13).
§852.1. Definitions.
Note     •     History

Definitions governing the construction of this subchapter can be found in Government Code Section 8670.3, and in Chapter 1, Section 790 of this Subdivision.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.3, 8670.17.2 and 8670.23.1, Government Code.
HISTORY

1. New section filed 1-23-97; operative 2-22-97 (Register 97, No. 4).
2. Amendment of Note filed 3-30-2005; operative 4-29-2005 (Register 2005, No. 13).
§852.2. Minimum Requirements for Escort Tugs.
Note     •     History

(a) Only tugs meeting the requirements set forth in this subchapter shall be allowed to provide escort services.
(b) The owner/operator of any tug offering escort services to tank vessels shall submit the tug to bollard pull testing before providing escort services. See Section 852.3 of this subchapter for testing requirements.
(c) A tug must demonstrate a minimum ahead bollard pull of 10 tons to qualify for escort service.
(d) In order to escort tankers over 20,000 deadweight tons, a tug must demonstrate a minimum ahead bollard pull of 18 tons.
(e) The tug(s) assigned to a tank vessel shall be capable of providing a combined total ahead bollard pull of no less than 2 pounds of thrust per deadweight ton of assigned tank vessel.
(f) An escort tug's primary assist lines must have a specified breaking strength not less than 1.5 times the tug's maximum bollard pull.
(g) For any transit between Ballast Point and sea that requires an escort tug(s), a tank vessel shall have at least one escort tug which is adequately equipped to perform in open ocean conditions.
(h) Escort tugs must have the capability to communicate with the tank vessel by primary and secondary VHF-FM radios.
(i) Escort tugs shall be fendered as appropriate to absorb the impact of normal skin-to-skin operations, protecting both the tank vessel and the escort tug from metal to metal contact. To the extent possible, the fendering shall have a surface which minimizes sliding when the escort tug is working at an angle to the tank vessel.
(j) Any tugs working beyond the Line of Demarcation must have crews that are certified in accordance with the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers 95 (STCW)
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.
HISTORY

1. New section filed 1-23-97; operative 2-22-97 (Register 97, No. 4).
2. Amendment of subsections (b) and (f), new subsection (j) and amendment of Note filed 3-30-2005; operative 4-29-2005 (Register 2005, No. 13).
§852.3. Testing Requirements for Escort Tugs.
Note     •     History

(a) All testing shall be conducted under the supervision of the American Bureau of Shipping (ABS) standards and practices, or other classification society recognized by the International Association of Classification Societies (IACS) at the expense of each owner/operator. Alternatively, a building certificate of bollard pull for the class will be accepted.
(b) A copy of the test certificate and tug specifications are to be provided by the tug owner/operator, in writing, to the United States Coast Guard Captain of the Port and the San Diego Harbor Safety Committee before providing escort services.
(1) Tug specifications shall include, but are not limited to, the following:
(A) tug name;
(B) tug owner/operator;
(C) tug length;
(D) for tractor tugs, bollard pull ahead;
(E) for conventional tugs, bollard pull ahead and astern;
(F) type and configuration of the propulsion system;
(G) type and configuration of the steering system;
(H) type and configuration of ocean towing equipment.
(c)  The braking force shall be re-measured after any modification and/or repairs to the main engines, hull, shaft-drive line, or steering,  that could affect the bollard pull. A copy of the bollard pull test certificate and tug specifications are to be provided by the tug owner/operator, in writing, to the United States Coast Guard Captain of the Port and the San Diego Harbor Safety Committee before providing escort services.
(d) Escort tugs that submit to the Escort Tug Inspection Program, as described in Sections 851.8(a)(4)(B) and 851.23(a)(7)(B), can perform escort duties in any port in the state, if the tugs meet the requirements of the appropriate subchapter (i.e., Subchapter 1, San Francisco Bay Region; Subchapter 2, Los Angeles/Long Beach Harbor; Subchapter 3, Port Hueneme Harbor; Subchapter 4, Humboldt Bay; Subchapter 5, San Diego Harbor), of this Chapter 4 of the California Code of Regulations.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.
HISTORY

1. New section filed 1-23-97; operative 2-22-97 (Register 97, No. 4).
2. Amendment of subsections (a) and (b) and amendment of Note filed 3-30-2005; operative 4-29-2005 (Register 2005, No. 13).
3. Amendment of subsection (c) and new subsection (d) filed 9-15-2006; operative 10-15-2006 (Register 2006, No. 37).
§852.4. Minimum Escort Tug Requirements for Tankers.
Note     •     History

Only those tankers designed or modified to carry 5,000 long tons or more of oil or petroleum products as cargo are required to engage escort tugs in accordance with this subchapter except as provided in (i) below.
(a) Each tanker shall engage escort services as follows:
(1) for inbound transits prior to passing between buoys 5 and 6, escort tug(s) shall remain with the tanker until it is properly berthed or anchored;
(2) for outbound transits from the berth or anchorage, escort tug(s) shall remain with the tanker until either safely at sea or after passing between buoys 5 and 6;
(3) while shifting from one location to another within the harbor.
(b) Before commencing an escorted transit, the pilot or master of the tankers shall initiate communications with the escort tug. During this pre-escort communication, all parties shall plan and discuss the details of the escorted transit including, but not limited to, the following:
(1) the intended route;
(2) the intended destination;
(3) the speed of the tanker;
(4) the positioning of the tug(s) relative to the tanker being escorted;
(5) the manner in which an emergency connection would be made between the tug(s) and tanker;
(6) radio communications, including primary and secondary frequencies; and
(7) anticipated weather, tidal, and sea conditions.
(c) Except as provided in (i) below, each tanker shall engage escort services as required by this subchapter whether laden or unladen.
(d) Each tanker shall have a minimum of one escort tug, except as stated in (e) and (i) below.
(e) All tankers over 20,000 deadweight tons shall have a minimum of two escort tugs.
(f) Escort tug(s) shall maintain an optimum station-keeping position as directed by the pilot or tanker master so as to best render assistance if needed. In any case, the escort tug(s) shall stay within 1/8 mile of the tanker while providing escort services.
(g) Tankers requiring escort services shall proceed at a safe speed which shall not exceed 10 knots or the speed at which their escort tug(s) can render assistance, whichever is less. Safe speed shall also take into consideration other factors, including but not limited to, depth of water, visibility, wind conditions, tidal currents, escort tug wakes, other traffic, and vessels at anchor.
(h) All tugs engaging in escort services for a tanker shall have multiple main propulsion systems.
(i) Exemptions:
(1) Where an emergency or extraordinary circumstances exist to threaten public safety, the environment, and/or the vessel, its crew or cargo, the pilot or master of a tanker is authorized to override this section consistent with provisions of the Inland Navigational Rules Act (33 USC 2001 et seq.) for same or similar circumstances. The pilot or master shall report any such event to the U.S. Coast Guard Captain of the Port. For purposes of this section, an emergency or extraordinary circumstances shall include, but not be limited to, any of the following:
(A) imminent and immediate danger to the vessel, its cargo or its crew;
(B) imminent and immediate danger to a marine terminal, service or escort tug;
(C) imminent and immediate danger to a vessel in the proximity of the escorted vessel; or
(D) any emergency declared by the U.S. Coast Guard Captain of the Port.
(2) A tanker shall not be required to engage escort services when it is carrying 5% of the vessel's deadweight tonnage, or 5,000 long tons, whichever is less, of oil or petroleum products as cargo, and is in ballast and inert or  gas free.
(3) This subchapter shall not apply to tankers with double hulls, as that term is defined in 33 CFR Section 157.03, when the tanker also has fully redundant steering and propulsion systems. To be considered fully redundant, a steering and propulsion system shall include at least the following:
(A) two propellers with an engine dedicated to each; and
(B) two rudders with separate steering motors; and
(C) an operating bow thruster with a dedicated power source.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.
HISTORY

1. New section filed 1-23-97; operative 2-22-97 (Register 97, No. 4).
2. Amendment of subsection (i)(2) filed 7-24-98; operative 8-23-98 (Register 98, No. 30).
3. Amendment of Note filed 3-30-2005; operative 4-29-2005 (Register 2005, No. 13).
§852.5. Minimum Escort Tug Requirements for Barges.
Note     •     History

Only those barges designed or modified to carry 5,000 long tons or more of oil or petroleum products as cargo, and which are laden with 5% or more of the vessel's deadweight tonnage in oil or petroleum products, shall be required to engage escort tug(s) in accordance with this subchapter.
(a) Each barge shall engage escort services as follows:
(1) for inbound transits prior to passing between buoys 5 and 6, escort tug(s) shall remain with the barge until it is properly berthed or anchored;
(2) for outbound transits from the berth or anchorage, escort tug(s) shall remain with the barge until either safely at sea or after passing between buoys 5 and 6;
(3) while shifting from one location to another within the harbor.
(b) Before commencing an escorted transit, the pilot or master of the dedicated tug of a barge shall initiate communications with the escort tug. During this pre-escort communication, all parties shall plan and discuss the details of the escorted transit including, but not limited to, the following:
(1) the intended route;
(2) the intended destination;
(3) the speed of the barge;
(4) the positioning of the tug(s) relative to the barge being escorted;
(5) the manner in which an emergency connection would be made between the tug(s) and barge;
(6) radio communications, including primary and secondary frequencies; and
(7) anticipated weather, tidal, and sea conditions.
(c) Barges shall have a minimum of one escort tug in addition to their dedicated tug.
(d) Exemption:
(1) Where an emergency or extraordinary circumstances exist to threaten public safety, the environment, and/or the vessel, its crew or cargo, the pilot or master of the dedicated tug of a barge is authorized to override this section consistent with provisions of the Inland Navigational Rules Act (33 USC 2001 et seq.) for same or similar circumstances. The pilot or master shall report any such event to the United States Coast Guard Captain of the Port. For purposes of this section, an emergency or extraordinary circumstances shall include, but not be limited to, any of the following:
(1) imminent and immediate danger to the vessel, its cargo or its crew;
(2) imminent and immediate danger to a marine terminal, service or escort tug;
(3) imminent and immediate danger to a vessel in the proximity of the escorted vessel; or
(4) any emergency declared by the U.S. Coast Guard Captain of the Port.
NOTE

Authority cited: Sections 8670.17.2(a) and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.
HISTORY

1. New section filed 1-23-97; operative 2-22-97 (Register 97, No. 4).
2. Amendment of Note filed 3-30-2005; operative 4-29-2005 (Register 2005, No. 13).
§852.6. Remedies.
Note     •     History

(a) Nothing herein shall limit or prevent any action by any party in a court of competent jurisdiction.
(b) Any person who knowingly, intentionally or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9 of Chapter 7.4, Division 1, Title 2 of the Government Code, beginning with Section 8670.57.
NOTE

Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2, 8670.23.1, 8670.57 and 8670.67, Government Code.
HISTORY

1. New section filed 1-23-97; operative 2-22-97 (Register 97, No. 4).
2. Amendment of Note filed 3-30-2005; operative 4-29-2005 (Register 2005, No. 13).
Subchapter 6. Vessel Traffic Information Service for the Ports of Los Angeles and Long Beach
Article 1. General Requirements
§852.20. Effective Date of Regulations.
Note     •     History

This subchapter shall be effective May 1, 1995, and shall remain in effect no longer than five years from the effective date unless extended, amended or otherwise replaced by subsequent regulations. Any such amendment or replacement of these regulations shall provide for the best achievable protection of the marine waters of California.
NOTE

Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code.
HISTORY

1. New subchapter 6 (§§ 852.20-852.30), article 1 (§§ 852.20-852.30) and section filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
§852.21. Purpose and Scope.
Note     •     History

This subchapter sets forth reporting, fee and payment requirements for certain vessels using the Vessel Traffic Information Service (VTIS) for the Ports of Los Angeles and Long Beach. The regulations specify the amount of the fee to be imposed on covered vessels and the method of payment. State law, Section 445 et. seq., of the Harbors and Navigation Code, requires certain vessels to report to the VTIS when navigating within the area of coverage as specified in Section 852.24, of this subchapter. By reporting to the VTIS, covered vessels, and other vessels using waters within the VTIS area, will be provided with information to reduce the possibility of groundings or collisions and the risk of oil or fuel spills from such events.
NOTE

Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.
HISTORY

1. New section filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
§852.22. Definitions.
Note     •     History

In addition to the definitions in Chapter 1, Section 790 of this Subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1:
(a) “Covered vessel” means any of the following:
(1) Every power-driven vessel of 40 meters (approximately 131 feet) or more in length, while navigating.
(2) Every towing vessel of 8 meters (approximately 26 feet) or more in length, while navigating. “Towing vessel,” as used in this subchapter, means any commercial vessel engaged in towing another vessel astern or alongside or by pushing it ahead.
(3) Every vessel issued a certificate to carry 50 or more passengers for hire, when engaged in trade.
(4) Covered vessel does not include military or public vessels of the United States, or vessels transiting the VTIS area as described in Section 852.24 which are engaged in innocent passage as defined in Article 19, Convention on the Law of the Sea.
(b) “Fee” means the fee assessed pursuant to Section 852.28 of this subchapter and deposited in the Vessel Safety Account of the Oil Spill Prevention and Administration Fund in the State Treasury.
(c) “Marine Exchange” means the Marine Exchange of Los Angeles-Long Beach Harbor, Inc., a corporation organized under the Non-Profit Mutual Benefit Corporation Law, (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code.
(d) “Operator” is the person defined in Section 651(q) of the Harbors and Navigation Code.
(e) “Ports” means the Ports of Los Angeles and Long Beach.
(f) “VTIS area” means the Designated Reporting Area specified in Section 852.24 of this subchapter.
NOTE

Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.
HISTORY

1. New section filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
2. Change without regulatory effect amending section filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Change without regulatory effect amending definition of  “Covered vessel” and “Marine exchange” filed 1-9-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 2).
§852.23. Applicability.
Note     •     History

(a) This subchapter shall apply to all covered vessels as defined in Section 852.22 of this subchapter and, in part, to those vessels found in subsection (b), below.
(b) Vessels described in this subsection shall comply with the requirements of Section 447.5 of the Harbors and Navigation Code:
(1) Every power-driven vessel of 20 meters or more in length.
(2) Every vessel of 100 gross tons or more carrying one or more passengers for hire.
(3) Every dredge and floating plant.
NOTE

Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.
HISTORY

1. New section filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
2. Change without regulatory effect amending section filed 1-9-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 2).
§852.24. Designated Reporting Area.
Note     •     History

(a) The VTIS area includes the waters of San Pedro Bay, San Pedro Channel, and Santa Monica Bay and navigable waters seaward of the breakwaters that are encompassed by the arc of a circle having  its center at Point Fermin Light, with a radius of twenty-five (25) nautical miles drawn from a position on the shore in the vicinity of Laguna Beach, clockwise to a point on the shore approximately midway between Santa Monica and Malibu.
(b) The VTIS area does not include any waters inland from the lines of demarcation, as specified in Title 33 Code of Federal Regulations, Section 80.1114.
NOTE

Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.
HISTORY

1. New section filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
2. Change without regulatory effect amending subsection (a) filed 1-9-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 2).
§852.25. Reporting Requirements.
Note     •     History

(a) No person shall operate, navigate or transit within the VTIS area with a covered vessel unless the operator of such covered vessel complies with reporting requirements specified in Section 446 of the Harbors and Navigation Code, the Tariff Rules of the applicable port, and pays the fee as prescribed by local Tariff Rule or by Section 852.28 of this subchapter.
(b) No person shall operate, navigate or transit within the VTIS area with a vessel described in subsections 852.23(b) of this subchapter, unless the operator of such vessel complies with the reporting requirements specified in Section 447.5 of the Harbors and Navigation Code, and the Tariff Rules of the applicable port.
(c) Vessels moving from an anchorage area within the VTIS area shall report to the Marine Exchange at least 15 minutes, but no more than 1 hour, prior to getting underway.
(d) In addition to information required by Section 446 of the Harbors and Navigation Code, the operator of a covered vessel shall also report the vessel's LOA, as defined, and whether or not any dangerous cargo, as listed in 33 Code of Federal Regulations Part 160, Subpart C, is on board the vessel or its tow.
(e) A covered vessel operating within the harbor complex inland of the lines of demarcation, as specified in Section 852.24(b) of this subchapter, and not engaging a pilot, shall report to the appropriate pilot station in accordance with the Tariff Rules of each of the ports.
(f) All communication with the VTIS required by this section shall be conducted in accordance with applicable Federal regulations which have been incorporated in the VTIS Operations Manual developed by the Marine Exchange.
NOTE

Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.
HISTORY

1. New section filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
2. Change without regulatory effect adding new subsection (b) and subsection relettering filed 1-9-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 2).
§852.26. Duties of the Marine Exchange and the Administrator.
Note     •     History

(a) The Administrator shall enter into an agreement with the Marine Exchange which shall operate the VTIS in accordance with Section 8670.21 of the Government Code, and Division 3, Chapter 1, Article 4 of the Harbors and Navigation Code. The Administrator shall direct the Marine Exchange to perform the following duties:
(1) facilitate the safe transit of vessel traffic to prevent collisions, rammings, groundings, and environmental damage through aiding navigation by providing information regarding ship locations and traffic; and
(2) receive notification of a covered vessel's arrival and movement as required under Section 446 of the Harbors and Navigation Code prior to the entry of such vessels into the VTIS area; and
(3) monitor compliance with the requirements of this subchapter and report all violations to the office of Oil Spill Prevention and Response and the Harbor Safety Committee for the Los Angeles/Long Beach Region; and
(4) act as an agent of the Administrator for the collection of the fee as prescribed in Section 852.27 of this subchapter. The requirements of this subchapter create no other agency relationship, express or implied, between the Administrator and the Marine Exchange.
(b) The Administrator shall ensure that the duties of the Marine Exchange in the operation of the VTIS are performed in an effective and impartial manner.
(c) The Administrator shall convene, as appropriate, the Los Angeles/Long Beach Harbor Safety Committee, established pursuant to Section 8670.23 of the Government Code, to provide a public forum for oversight of the VTIS operation. Any recommendation or finding of the Harbor Safety Committee shall be forwarded to the Administrator according to the schedule set forth in Section 8670.23(k) of the Government Code or at any other time deemed appropriate by the Harbor Safety Committee.
NOTE

Authority cited: Section 8670.21, Government Code. Reference: Sections 8670.21 and 8670.23(e), Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.
HISTORY

1. New section filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
§852.27. Collection and Payment of Fee.
Note     •     History

(a) In the event that the Ports of Los Angeles and/or Long Beach fail to impose a fee in accordance with Section 446.5 of the Harbors and Navigation Code and Section 8670.21(e)(2) of the Government Code that the Administrator deems sufficient to pay the cost of operating the vessel traffic service, the Administrator shall assess a VTIS reporting fee as set forth in Section 852.28. The fee shall be collected by the Marine Exchange, acting for the Administrator for fee collection purposes only.
(b) The fee shall be imposed on all covered vessels whenever transiting through or navigating within the VTIS area.
NOTE

Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.
HISTORY

1. New section filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
2. Change without regulatory effect amending subsection (a) filed 1-9-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 2).
§852.28. Fee Determination.
Note     •     History

(a) On behalf of the Ports or the Administrator, the Marine Exchange shall collect a fee from every covered vessel for each entry to the harbor complex, according to the following schedule:

		(1) Each Vessel Over	But Not Over	Fee

		0     Meters	150 Meters LOA	$180.00
		150 Meters	190 Meters LOA	$200.00
		190 Meters	230 Meters LOA	$230.00
		230 Meters	270 Meters LOA	$270.00
		270 Meters	310 Meters LOA	$300.00
		310 Meters	         -	$340.00
	
(A) Exceptions to this requirement are as follows:
1. Any covered vessel for hire operating in a scheduled passenger or freight service between the mainland California coast and Santa Catalina Island which traverses the VTIS area, shall pay a fee of $300.00 per month, per covered vessel during the months of June, July and August and $150.00 per month, per covered vessel during all other months of the year.
2. Any covered vessel engaged in commercial rescue or emergency assistance service for hire, primarily to recreational boaters, which traverses the VTIS area, shall pay a fee of $25.00 per month per covered vessel.
3. Any covered vessel for hire, engaged in off shore oil well maintenance and service, or, any vessel engaged in construction projects, when such vessels is navigating between points in the California mainland coast range, from Point Dume south to Dana Point and including Santa Catalina Island or a designated dumping area for dredging spoils, which traverses the VTIS area, shall pay a fee of $300.00 per month per covered vessel.
(2) The fees prescribed in this subsection may be collected in combination with any other fees collected by the Marine Exchange, provided that the Marine Exchange maintains records of such collections. If the Marine Exchange chooses to collect fees in combination with other fees, all records shall be made available to the Administrator upon request, for accounting purposes.
(b) Upon written request of the Marine Exchange, the Administrator shall review the fee schedule to determine if adjustments may be necessary according to the costs incurred by the Marine Exchange, and the projected revenues for the upcoming State fiscal year. Any adjustment to the fee schedule shall be made in consultation with the Ports.
NOTE

Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.
HISTORY

1. New section filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
§852.29. Fee Usage.
Note     •     History

The fee collected on behalf of the Administrator by the Marine Exchange shall be deposited in the Vessel Safety Account of the Oil Spill Prevention and Administration Fund in the State Treasury. Money in this account shall be used only for the following purposes:
(a) to establish and fund the operation of a VTIS for the Ports;
(b) to reimburse the U.S. Coast Guard for the cost of assigning Coast Guard personnel to the VTIS;
(c) to reimburse the Marine Exchange for actual costs incurred in the collection of fees pursuant to this subchapter;
(d) to repay any loans made to establish and operate the VTIS;
(e) to provide a reasonable reserve for contingencies.
NOTE

Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.
HISTORY

1. New section filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
§852.30. Penalties.
Note     •     History

Any person who intentionally or negligently violates any provision of this subchapter shall be liable for an administrative civil penalty as prescribed in Government Code Section 8670.67(b).
NOTE

Authority cited: Section 8670.21, Government Code. Reference: Sections 8670.21 and 8670.67(b), Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.
HISTORY

1. New section filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
Chapter 5. Loans, Claims and Grants
Subchapter 1. Local Government Grant Program
Article 1. General Provisions  and Definitions
§852.60.1. Short Title.
Note     •     History

This Chapter shall be known and may be cited as the Local Government Grant Program.
NOTE

Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.1, 8574.7, 8670.1, 8670.3, 8670.6, 8670.35 and 8670.38, Government Code.
HISTORY

1. New chapter 4, subchapter 1 and section filed 2-22-93; operative 2-22-93 (register 93, No. 9).
2. Change without regulatory effect renumbering former chapter 4 to chapter 5, amending subchapter 1 heading, and amending section filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Change without regulatory effecting amending section filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
4. Amendment of Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
§852.60.2. Definitions.
Note     •     History

In addition to the definitions in Chapter 1, Section 790 of this Subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1:
(a) “Administrator” means the Administrator for oil spill response appointed by the Governor pursuant to Government Code Section 8670.4. 
(b) “Area Contingency Plan (ACP)” means an oil spill response plan required by the United States Coast Guard (USCG) for each of the identified regions along California's coast. ACPs are not intended to displace local emergency response plans, but rather provide a framework to integrate and coordinate response efforts between federal, state and local government agencies. 
(c) “Fund” means the Oil Spill Prevention and Administration Fund established pursuant to Section 8670.38 of the Government Code.
(d) “Grant” means an award of funds to a local government for the update of a local plan, as described in subsection (h). The awarding of a grant is subject to availability of cash reserves in the Oil Spill Prevention and Administration Fund.
(e) “Grant Agreement” means the written agreement, and any amendment(s) and written change orders thereto, which is/are signed by the Administrator or his/her designated representative and the grant recipient, and which defines the terms, provisions and conditions governing the grant.
(f) “Grant Recipient” means the local government which receives a grant award from the California Department of Fish and Game's (CDFG), Office of Spill Prevention and Response (OSPR).
(g) “Local government” means any chartered or general law city, chartered or general law county, or any city and county, or any operational area identified by the California Emergency Management Agency, and, for the purpose of this subchapter, must have jurisdiction over or be directly adjacent to marine waters.
(h) “Local Oil Spill Contingency Plan” or “local plan” means a plan or annex to an existing plan pertaining to emergency response to a release or threatened release of oil within a city or a county and any additional minimum planning requirements identified in this subchapter. The objectives of the local plan shall include but not be limited to: identifying response resources and local agencies that may assist during an oil spill; and to ensure a coordinated effective response between local, state and federal agencies to provide the best achievable protection of California's coastal resources and marine waters. 
(i) “Marine Waters” means those waters subject to tidal influence, and includes the waterways used for waterborne commercial vessel traffic to the Port of Sacramento and the Port of Stockton. 
(j) “National Contingency Plan” (NCP), means the National Oil and Hazardous Substances Pollution Contingency Plan (40 Code of Federal Regulations, part 300 (2011)). The NCP serves as the blueprint for guiding the federal government's response to an oil spill or hazardous materials discharge, occurring in the United States both offshore and inland. The NCP focuses on the federal response to an oil spill, including the responsibilities of the Federal On-Scene Coordinator and the roles and responsibilities of the National Response Team. 
(k) “Oiled Wildlife Care Network” (OWCN), means the organization managed by the University of California, Davis Wildlife Health Center. Its primary responsibility is the protection, rescue, and rehabilitation of oiled wildlife. Facilities within the OWCN have been established and maintained in a state of readiness to provide the best achievable treatment for marine mammals and birds affected by an oil spill. The Oil Spill Prevention and Response Act established and provided the funding of the OWCN (Government Code §8670.37.5), as an essential component of California's wildlife response capability as the lead state trustee agency for fish, wildlife and their habitats. 
(l) “Region IX Regional Contingency Plan” (RCP), outlines the response mechanisms that would be activated among tribal, state and federal agencies in the event of an emergency situation. It is not the intent of the RCP to displace local emergency response plans, but rather it is intended to coordinate with local plans and build on the mechanisms set forth in NCP. Included in the RCP are the California Wildlife Operations Plan and the Dispersant Plan developed by OSPR, in coordination with other state and federal agencies, and many interested parties. 
NOTE

Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.1, 8574.7, 8670.1, 8670.3, 8670.6, 8670.35 and 8670.38, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effect amending section filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Change without regulatory effecting amending subsections (a), (f) and (h) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
4. Amendment of section and Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
5. Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.60.3. Objectives of Local Government Grant Program.
Note     •     History

The objective of the local government grant program is to encourage local governments adjacent to marine waters to update their local plan and to assist in providing a coordinated response and cleanup effort between local governments and state and federal officials in order to provide the best achievable protection of the California Coast and marine waters.
Note: All local governments adjacent to marine waters have submitted their local oil spill contingency plan. Therefore, grant selection and application review information are being repealed. Only updates to local plans are being received at this time. 
NOTE

Authority cited: Sections 8574.7, 8670.35, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.7 and 8670.35, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Amendment of Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
3. Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.60.4. Duties and Responsibilities.
Note     •     History

The Administrator of OSPR has the lead state authority and responsibility for overseeing oil spill response and clean up activities in marine waters, identification of natural resources, protection priorities and damage assessment after an oil spill, in consultation with other state agencies and local governments.
In the event of an oil spill in marine waters, OSPR shall conduct an initial on-scene assessment of the spill and review the measures being taken by the Responsible Party (RP) and determine the appropriate level of response. In the event that the United States Coast Guard (USCG) is on the scene first and has done an assessment, OSPR may accept the USCG's initial assessment and response determination if it is consistent with the guidelines set forth in the California Oil Spill Contingency Plan. The state shall establish a Unified Command (UC) with the (USCG) at a spill in which both the state and federal jurisdictions are involved.
The UC shall consist of the State's On-Scene Coordinator (SOSC), the Federal On Scene Coordinator (FOSC), the senior representative of the party responsible for the spill if the party is identified and assumes responsibility and, if included in the Memorandum of Understanding  (MOU) described in Subsection (d) below, the representative(s) from the local jurisdiction(s) directly impacted by the spill. The local government representative(s) shall be designated within their local plan prepared pursuant to Section 852.62.2(a)(1)(E) of this subchapter.
Such participation by local governments in the UC shall be conditioned on the following:
(a) Completion of their local plan that meets the requirements of this subchapter.
(b) Participation by local governments in the area contingency planning process of the USCG.
(c) Recognition of the Federal On-Scene Coordinator (FOSC) and the State On-Scene Coordinator (SOSC) who have the authority to issue orders and direction to the responsible party (RP), if identified.
(d) Upon completion of the process described in Article 2 of this subchapter, a memorandum of understanding (MOU) shall be entered into between the Administrator of OSPR and local government(s). The MOU is for the purposes of ensuring a unified and coordinated effort between state and local government agencies through appropriate mutual aid in the event of an oil spill incident.
NOTE

Authority cited: Section 8574.1, 8574.7, 8670.7 and 8670.35, Government Code. Reference: Sections 8574.1, 8574.7, 8670.7 and 8670.35, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending second and third paragraphs and subsection (d) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of section and Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
Article 2. Grant Application Provisions
§852.61.1. Scope and Applicability.
Note     •     History

(a) The regulations contained in this Article set forth the minimum criteria to be developed or identified in a local plan submitted by local governments responsible for the revision of their oil spill plan in order to apply for and receive a grant from the Oil Spill Prevention and Administration Fund (Fund).
(b) This Article applies to all eligible local governments.
(c) The NCP, RCP and ACPs are the primary response plans used for an oil spill response. These plans are not to be in conflict with each other, but support the overall mission of the response. 
NOTE

Authority cited: Sections 8670.35, 8670.38 and 8670.39, Government Code. Reference: Sections 8574.1, 8574.7, 8670.7, 8670.35 and 8670.38, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Amendment of Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
3. Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.61.2. Grant Renewal Process.
Note     •     History

(a) A local government shall submit the documents specified in Section 852.61.6 of this Article in order to obtain a grant.
(b) An original and Seven (7) copies of the documents required in Subsection (a) shall be submitted to the CDFG, Contract Management Section.
(c) Documents required in Subsection (b) shall be delivered to (CDFG).
(d) Submission of the documents required in Subsection (b) shall be deemed to be the local government's acceptance of the terms and conditions set forth in this subchapter.
NOTE

Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending subsections (c) and (d) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of section and Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Amendment of section heading and section filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.61.3. Grant Eligibility.
Note     •     History

(a) The Administrator may award a grant if the following criteria are met:
(1) The local government has jurisdiction over or is directly adjacent to marine waters as defined; and 
(2) The local government has elected to update their local plan, in accordance with this subchapter.
(b) A county, whose designated jurisdiction excludes an independently eligible city(s), is not eligible to obtain additional funds which the excluded city(s) may be eligible to receive, unless it is a county-city joint plan proposal.
NOTE

Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.1, 8574.7, 8670.7 and 8670.35, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending subsection (b) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of section and Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Amendment of section heading and section filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.61.4. Grant Application Period. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code; and section 22 of the Act. Reference: Section 8670.35, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Repealer filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
§852.61.5. Grant Amount.
Note     •     History

(a) Grant amounts shall be determined by the Administrator, based on available funds from the Oil Spill Prevention and Administration Fund.
NOTE

Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending section filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of section and Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.61.6. Contents of the Grant Agreement Update.
Note     •     History

Local governments shall submit to the Administrator the following information to update their Grant Agreement:
(a) A Scope of Work, which shall include the following: 
(1) A project purpose, and a description of the local plan to be updated pursuant to Sections 852.62.1 and 852.62.2 of this Article.
(2) A project official, which shall include name, address, contact information and email address. 
(3) Background and Objectives: An explanation of the proposal's objectives. This shall include, but is not limited to, a description of the work plan; need for consulting services; milestones for completion; levels of plan review; provisions for ensuring consistency with the area plans for the United States Coast Guard Captain of the Port Areas, the State, Regional and National Oil Spill Contingency Plans, and a target completion date; 
(4) Work to be performed, which includes a list of all persons required to implement the proposal by title or position. 
(5) A Budget Report consisting of a breakdown of costs to be incurred during the project term. This shall include, but is not limited to, personnel services, contracted professional and consultant services, benefits and operating expenses that include publication costs, supplies, travel, per diem and mileage, required to implement the proposal.
(6) A Declaration by the authorized official(s) stating that the person or entity submitting the application is authorized to submit the application on behalf of the local government(s).
(7) To the extent possible, OSPR shall, within forty-five (45) calendar days from the date the grant recipient is notified of the grant award or the date of approval of the revised budget, whichever is applicable, mail the Grant Agreement update to grantee. 
(8) Upon receipt of the Grant Agreement update, the grantee is required to return the original and all seven (7) copies to the OSPR within forty-five (45) calendar days along with a copy of the resolution, order, motion, or ordinance of the affected local governments' local governing body(s) by law having authority to enter into the proposed Grant Agreement update, approving and authorizing execution of the Grant Agreement update. Failure to execute the agreement within this period may constitute withdrawal of the application. 
(9) Modifications to the executed Grant Agreement may be made only upon prior written approval by the Administrator or his or her designated representative. All requests for modification shall include a description of the proposed change(s)  and the reason(s) for the changes. 
NOTE

Authority cited: Sections 8574.1, 8574.7, 8670.7, 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.1, 8574.7, 8670.7, 8670.35 and 8670.38, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending subsections (b)(1), (b)(4) and (d) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of section and Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Amendment of section heading and section filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.61.7. Review of Grant Application.
Note     •     History

Note: All local governments adjacent to marine waters have submitted their initial oil spill contingency plan. Therefore, grant selection and review information are being repealed. Only updates to local plans are being received at this time. 
NOTE

Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending subsection (c) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of subsections (a) and (c) and amendment of Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.61.8. Evaluation and Selection of Grant Recipient. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending subsections (a), (b)(1), (b)(1)(A) and (b)(2) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of section and Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Repealer filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.61.9. Notice of Grant Award or Denial. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code 
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending subsection (a) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Repealer filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.61.10. Grant Agreement. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending section filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of subsections (a)-(c) filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Repealer filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.61.11. Terms and Conditions of a Grant Agreement.
Note     •     History

The Grant Agreement shall contain the following terms and conditions:
(a) Midterm Report. The grant recipient shall be required to submit a midterm progress report to the Administrator within thirty (30) calendar days following the midterm of the project. The midterm of the project shall be based on the completion date specified in the grant proposal, unless otherwise agreed to by the Administrator. The report shall include, but not be limited to, all of the following:
(1) A statement that the oil spill contingency plan being updated is or is not on schedule, and a description of the project tasks or milestones and the status of each. Pertinent reports or interim findings shall be appended.
(2) A discussion of any difficulties or special problems encountered in accomplishing the project tasks.
(3) A financial report comparing costs to date with the approved scope of work and the original approved budget. The report should state whether the program is progressing within the approved budget, and an explanation of any current or anticipated deviations. The report shall include a Statement of Expenditures showing the program's expenditures incurred to date.
(4) A report of any changes in personnel assigned to the development, review or approval of the project.
(b) Compliance. Grant recipients shall comply with all applicable federal, state and local laws, ordinances, regulations and permits.
(c) Subcontractors. Grant recipients shall maintain a list of all subcontractors required to implement the proposal, including name, address, and a description of their work. Local governments must comply with all applicable State Administrative Manual requirements when utilizing subcontractors for services required pursuant to the Grant Agreement.
(d) Auditing:
(1) All grant recipients shall maintain an accounting system which utilizes Generally Accepted Accounting Principles and practices. The Administrator, the State Controller's and the State Auditor General's office, or their designated representatives, shall have a right of reasonable access during normal business hours to all of the grant recipient's records pertaining to the grant.
(2) In addition to accounting records, all source documents associated with the accounting records shall be maintained by the grant recipient in sufficient detail to demonstrate that the funds were used for the purpose for which the grant program is intended. Source documents include, but are not limited to, bid summaries, contracts with the grant recipient, change orders showing approval by a city or county official, purchase orders, invoices, paid warrants, time sheets, labor distribution reports and payroll registers.
(3) The accounting records and source documents shall be retained for at least three (3) years after the grant is awarded, or until resolution of all issues which may arise as a result of any litigation, claim negotiation or audit, whichever is later.
(4) If an audit reveals that grant funds have not been spent in accordance with the Grant Agreement, the Administrator shall terminate the Grant Agreement, and take such steps as necessary to recover funds not spent in accordance with the Grant Agreement. Further, the grant recipient shall be required to forfeit the unexpended portion of the grant. Such forfeitures shall revert to the Fund.
(e) Grant Termination. The Administrator may, upon determining that the recipient has failed to comply with the terms or conditions of the Grant Agreement, terminate any grant in whole, or in part, at any time before the date of completion. The Administrator shall notify the recipient in writing of the termination, the reasons for the termination of the grant, and the effective date of termination. Termination of the Grant Agreement shall result in forfeiture of any funds withheld pursuant to Section 852.61.12(b) of this subchapter.
(f) Request for Reconsideration. The grant recipient shall have ten (10) calendar days from the date of the notice of grant termination to submit a written request for reconsideration of any decision to terminate the Grant Agreement. The request must contain the basis for requesting reconsideration and, if applicable, provide evidence which rebuts the basis for the grant termination. Within ten (10) calendar days from the date the request for reconsideration is received, OSPR will advise the grant recipient, in writing, of the Administrator's decision to grant or deny the request.
(g) Final Report. Upon submission, completion and approval of the updated local plan by the Administrator in accordance with the Grant Agreement, pursuant to Section 852.62.3 of this subchapter, the grant recipient shall submit a final report. The report shall be submitted within sixty (60) calendar days from the completion and approval of the above stated plan and shall include, but is not limited to:
(1) A Table of Contents.
(2) A brief summary of the objectives of the grant and how these objectives were accomplished.
(3) Any findings, conclusions, or recommendations for additional activities which result from the successful completion of the program for that grant year. A statement, if applicable, of future public and/or private support to maintain or further develop the local contingency plan.
(4) A list of subcontractors who participated, in whole or in part, in the grant program, including the names, addresses and a description of their work. Participating subcontractors must be selected in accordance with procedures outlined in the Grant Agreement.
(5) Final Financial Statement for the Program. This report shall provide information that enables the Administrator to determine the final specific use for all grant funds distributed and may include the final payment request. It shall also indicate all other sources of funds utilized by the program.
(6) One copy of the approved local oil spill contingency plan, updated pursuant to the Grant Agreement. 
(h) A grant recipient shall certify to the Administrator every three (3) years that it has conducted a complete review of the oil spill plan and has made necessary revisions. Whenever substantial changes are made to the oil spill contingency plan, the grant recipient shall forward such changes to the Administrator within fourteen (14) calendar days of making such changes.
(i) Payment of Funds. Payment of grant funds shall be in accordance with Section 852.61.12 of this subchapter.
NOTE

Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending subsections (c), (d)(4), (e)-(g), (g)(4), (g)(6) and (i) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of section and Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Amendment of subsections (a)(1), (c), (g) and (g)(6) filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.61.12. Payment of Grant Funds.
Note     •     History

(a) The grant recipient may submit payment requests made in arrears consistent with the time frames set forth in the Grant Agreement.
(b) All payment requests, including the final payment request, shall be submitted to the OSPR within three (3) years from the date the Grant Agreement is executed, unless the Administrator approves requests submitted after that period.
(c) The balance of any grant award which is not expended during the period set forth in the preceding subparagraph (b) shall be deemed forfeited by the grant recipient. In no event may grant monies be expended following three years from the date of the Grant Agreement.
NOTE

Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending subsection (b) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of section and Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.62.1. Format and Consistency Requirements for Local Plans.
Note     •     History

(a) To the greatest extent possible, the local plan content shall be consistent with the ACP or an approved emergency response plan. 
(b) Each local oil spill contingency plan shall meet all applicable State and Federal Occupational Safety and Health Administration requirements.
(c) It is strongly recommended that the local oil spill contingency plan format follow the format outlined in Section 852.62.2, Minimum Planning Requirements. 
(d) To be eligible for funding, local government oil spill contingency plans shall be consistent with the Standardized Emergency Management System (SEMS) or the National Incident Management System (NIMS), whichever is applicable. 
NOTE

Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending subsections (a)(1)-(c) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of section and Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Amendment of section heading, section and Note filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.62.2. Minimum Planning Requirements.
Note     •     History

The following elements are required in a local plan, to the extent applicable: 
(a) The Emergency Notification and Logistics Section.
The Emergency Notification and Logistics Section shall contain information which is essential for emergency notification(s) and coordination of logistical needs for an incident response to an oil spill in marine waters within or adjacent to the jurisdiction of the local government.
(1) Emergency Notification.
The purpose of the Emergency Notification provisions set forth in this section is to provide timely notice to appropriate agencies and emergency personnel at the state, federal and local level. Emergency Notification shall include the following:
(A) Pre-designation of the local government's primary contact person, including title and primary and after-hours telephone number, who is charged with the responsibility and authority to initiate local oil spill response operations, or identification of a dispatch center that can make this notification.
(B) A current list of telephone numbers, addresses, and e-mail addresses of the federal, state and local organizations and agencies to be notified by the local government's primary contact person and/or identification of a dispatch center that can make these notifications when an oil discharge is discovered, which shall include the California Emergency Management Agency (formerly known as the Office of Emergency Services). The California Emergency Management Agency is currently required to then notify public agencies which may be affected by a spill, including the OSPR.
(C) A current list of local emergency response personnel, by job classification or title, including primary and after-hours telephone numbers, addresses, and e-mail addresses of personnel on call to receive notification of an oil discharge, or identification of a dispatch center that can make this notification.
(D) The local emergency response personnel and local organizations and agencies identified in Subsections (a)(1)(B) and (a)(1)(C) must include, but are not limited to: law enforcement; fire fighting services; medical and public health and safety services; poison control centers; evacuation centers; and hospitals.
(E) Pre-designation of a local response coordinator, and alternate(s), including title, e-mail address and telephone number, who are charged with the responsibility and authority to direct and coordinate local response operations including: crowd and traffic control; emergency evacuation; beach closures and posting of beach closure signs; fire suppression; and mobilization of local equipment and personnel. During emergency response, this person will serve as the local government representative for the State On-Scene Coordinator. Communication may be coordinated through the State Liaison officer identified in the State's Incident Command System outlined in the California Oil Spill Contingency Plan.
(b) The Logistics Section.
The purpose of the Logistics Section is to provide information essential for an effective and timely emergency response.
(1) Logistics for Emergency Response.
This section will assist in the identification of staging areas and local resources which may be used during an oil spill response. To the greatest extent possible, local area maps should be provided, where applicable, for the following information:
(A) Identification and description of possible locations for an oil spill Incident Command Post (ICP) and a reliable communications system for directing the coordinated overall response operations. See guidance in the San Francisco Bay and Delta Area Contingency Plan, “ICP Facility Assessment Check Sheet”. 
(B) Firefighting capabilities for oil fires for both shipboard and on-shore structures, levels of fire response capability, and willingness of local government to respond to oil fires.
(C) Potential staging area sites to be used for staging and deployment of response equipment along the coastline.
(D) Identify a person, by title, or an agency within the local government to coordinate and obtain lodging accommodations for emergency response personnel, upon request. In addition, provide a listing (or copies of a listing) of local accommodations.
(E) Identification and inventory of available emergency response supplies and equipment under the control of the local government, which may potentially be used during an oil spill response to protect or contribute to the protection of resources. The list should include oil spill-specific equipment, such as booms and skimmers, as well as land-moving equipment, such as bulldozers and cranes. In addition, identify the contact agency(s), title of person(s) with authority to deploy such equipment, their telephone numbers, and location where the equipment and supplies are stored. This should include any resources outlined in the California Master Mutual Aid Agreements. Identification and potential deployment of this equipment should be coordinated through the incident response management. 
(F) Identification and information on all local airports, or the nearest airport, which may be used for incoming response personnel and/or during response operations. This information should include sufficient details in order to determine the possible role of the airport during an emergency response.
(G) Identification of potential temporary hazardous waste storage sites that may be used for temporary storage of oily wastes retrieved following a marine oil spill, and procedures for securing necessary permits or variances from appropriate state agency(s), including title of responsible person at each agency, and a 24-hour telephone number.
(H) Identification and description of the private or public property and roads to which access would be required in the event of a spill, for the areas where a spill is most likely to occur or have an impact on the shoreline. Additionally, this information should identify a mechanism by which the local government can gain access to ownership information for such properties and a contact phone number on a 24-hour basis.
(I) Identification of economically sensitive sites, which are defined as  locations which include, but are not limited to, public beaches, parks, marinas, harbors, yacht clubs, boat ramps, diving areas, industrial and drinking water intakes, power plants, salt pond intakes and other similarly situated underwater structures, intertidal and subtidal drilling leases, and major waterways and vessel traffic areas. This information should include the hours of operation and the name, title and telephone number of a local contact person for access to these sites. 
1. The local plan should include a prioritization of those facilities, areas of commercial interest, and public and private recreational areas within the jurisdiction of the local governments, that are of major concern during an oil spill. This includes the following: 
i. A prioritization of those facilities that may be impacted by an oil spill which, if impacted, pose a potential threat to the public health and safety. 
ii. A prioritization of areas of economic or commercial interest, and public/private recreational interest including, but not limited to, mariculture, commercial fisheries, commercials ports, recreational areas and tourist areas.
(J) In case of a fishery closure as a result of an oil spill, identification of personnel to assist with public noticing of fisheries closures, including sign posting, and related activities. Fishery closures, reopening and resumption of commercial fishing are under the jurisdiction of the Director of the Department of Fish and Game (Fish and Game Code §5654). 
(K) Identification of local government representatives having information concerning local volunteer response groups or animal rescue/recovery groups. The activities of these groups are to be coordinated through the Operation Section's Wildlife Branch, to potentially assist with the efforts of the Oiled Wildlife Care Network. 
(L) Identification of local government representatives having information concerning local media contacts or public information centers. 
(M) Identification of possible locations for emergency volunteer centers for volunteers. These facilities should have adequate space for screening prospective volunteers, registration, training, and assignment.
(N) Identification of hazardous material response equipment and capability, including the ability to conduct air monitoring and hazard characterization.
(2) Training Requirements
(A) At a minimum, the oil spill contingency plan element shall establish provisions to ensure training of fire, police and other emergency response personnel in oil spill response and cleanup equipment use and operations that is currently available to the local government, and ensure compliance with all other applicable state or federal training requirements;
(B) Provisions for documenting personnel training described in Subsection (A) above.
(2) Drills and Exercises.
The Logistics Section shall include provisions for coordinating drill participation with the grant participant and OSPR, and shall include the title and phone number of a contact person for drill participation. The grant participant shall make every effort to participate in industry led oil spill contingency plan drills. The grant participants may be reimbursed for their participation in authorized oil spill drills.
(3) Incident After Action/Corrective Action Report.
The Logistics Section shall describe provisions for the after action/corrective action report after a release or threatened release of oil into the marine waters of the state. The report shall include an interagency meeting to evaluate the response, to improve future response, and to determine if any oil spill contingency plan revisions are necessary.
NOTE

Authority cited: Sections 8670.25.5, 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending section filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of section and Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
§852.62.3. Submittal and Approval of Local Oil Spill Contingency Plans.
Note     •     History

(a) The oil spill contingency plan updated pursuant to the Grant Agreement, must be submitted within 180 calendar days after the execution of the Grant Agreement, or upon a schedule agreed to by the Administrator. Each submittal shall be made with an original and one copy. Extensions for submittal may be granted at the discretion of the Administrator.
(b) An update to the plan shall be approved if it adequately addresses the minimum planning requirements specified in Section 852.62.2 of this subchapter, or addresses all of the minimum planning requirements required to be addressed pursuant to the Grant Agreement. The Administrator shall have ninety (90) calendar days, from the date of submission, in which to review the plan update and make an approval determination.
(c) If upon review the plan update is not approved, the plan shall be returned to the grant recipient that prepared it, specifying the basis of disapproval and identifying the items which must be addressed before the plan update may be approved. The grant recipient shall have ninety (90) calendar days within which to resubmit the plan update, and address all concerns. Failure to do so will result in disapproval of the project. Upon disapproval, the funds withheld pursuant to Section 852.61.12(b) of this subchapter shall be forfeited. Such forfeitures shall revert to the Fund.
(d) Upon approval of the plan, the grant recipient shall submit a final report pursuant to Section 852.61.11(g) of this subchapter.
NOTE

Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.
HISTORY

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending subsections (b)-(d) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Amendment of section heading and section filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
Chapter 6. Fund Administration
Subchapter 2. Oil Spill Prevention and Administration Fund Fee
§870.15. Definitions.
Note     •     History

In addition to the definitions in Chapter 1, Section 790 of this Subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1:
(a) “Board” means the State Board of Equalization.
(b) “Fee” means the fees imposed pursuant to Article 6 (commencing with Section 8670.38) of Chapter 7.4, Division 1, Title 2 of the Government Code and deposited in the Oil Spill Prevention and Administration Fund in the State Treasury.
(c) “Marine Waters”, for this subchapter, means those waters subject to tidal influence, including the waterways used for waterborne commercial vessel traffic to the Port of Stockton and the Port of Sacramento. Other waterways upstream of a line running north and south through the point where Contra Costa, Sacramento and Solano Counties meet, are not “marine waters”.
(d) “Petroleum products” means any petroleum-based liquid hydrocarbon at atmospheric temperature and pressure that is the product of the fractionation, distillation, or other refining or processing of crude oil and that is used as, useable as, or may be refined as, a fuel or fuel blendstock, including, but not limited to, gasoline, diesel fuel, aviation fuel, bunker fuel, and alcohol fuels containing petroleum products.
NOTE

Authority cited: Sections 8670.39, 8670.40 and 8670.41, Government Code. Reference: Sections 8670.40 and 8670.41, Government Code.
HISTORY

1. New chapter 5, subchapter 2 and section filed 3-19-93; operative 3-19-93 (Register 93, No. 12).
2. Change without regulatory effect renumbering former chapter 5 to chapter 6 and amending section filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Amendment of subsection (b) and amendment of Note filed 11-21-2002 as an emergency; operative 1-1-2003 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (b) and amendment of Note refiled 4-30-2003 as an emergency; operative 5-2-2003 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-2-2003 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-30-2003 order transmitted to OAL 5-15-2003 and filed 6-26-2003 (Register 2003, No. 26).
§870.17. Payment of Fees.
Note     •     History

(a) Oil transported by tank vessel or pipeline 
The Administrator shall impose a fee on the oil transported by tank vessel or pipeline. The fee shall not exceed six and one-half cents ($0.065) per barrel of crude oil or petroleum products. Beginning January 1, 2015, the annual assessment shall not exceed five cents ($0.05) per barrel of crude oil or petroleum products.
(1) Oil/Petroleum products transported by tank vessel:
The fee shall be imposed upon every person owning crude oil at the time that the crude oil is received at a marine terminal from within or outside the state, and upon every person owning petroleum products at the time that those petroleum products are received at a marine terminal from outside the state. The fee shall be collected by the marine terminal operator from the owner of the crude oil or petroleum products based on each barrel of crude oil or petroleum products so received by means of a vessel operating in, through, or across the marine waters of the state. 
(2) Oil transported by pipeline:
In addition, every operator of a pipeline shall pay the fee for each barrel of crude oil originating from a production facility in marine waters and transported in the state by means of a pipeline operating across, under or through the marine waters of the state.
(b) Nontank vessel fee
The Administrator shall impose a fee per nontank vessel, to be collected with each new or renewal application to obtain a certificate of financial responsibility. The fee shall be levied as follows:
(1) Operator(s) or owner(s) of nontank vessels with a carrying capacity of over 6,500 barrels, or over 7,500 barrels for nontank vessels owned and operated by California or a federal agency, shall submit a nonrefundable USD $3,250 fee per vessel, or;
(2) Operator(s) or owner(s) of nontank vessels that have a carrying capacity greater than 500 barrels of oil and less than or equal to 6,500 barrels of oil, or a carrying capacity greater than 500 barrels of oil and less than or equal to 7,500 barrels of oil for nontank vessels owned and operated by California or a federal agency, shall submit a nonrefundable USD $1,950 fee per vessel, or;
(3) Operator(s) or owner(s) of nontank vessels that have a carrying capacity of 500 barrels of oil or less shall submit a nonrefundable USD $650 fee per vessel.
(4) Do not deduct any processing fees from the per vessel fee.
NOTE

Authority cited: Sections 8670.39, 8670.40 and 8670.41, Government Code. Reference: Sections 8670.40 and 8670.41, Government Code.
HISTORY

1. New section filed 3-19-93; operative 3-19-93 (Register 93, No. 12).
2. Change without regulatory effect amending section filed 6-10-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 24).
3. Amendment of section heading and subsection (a), redesignation of former subsections (b) and (c) as subsections (a)(1)-(2), new subsections (b)-(b)(4) and amendment of Note filed 11-21-2002 as an emergency; operative 1-1-2003 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section heading and subsection (a), redesignation of former subsections (b) and (c) as subsections (a)(1)-(2), new subsections (b)-(b)(4) and amendment of Note refiled 4-30-2003 as an emergency; operative 5-2-2003 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-2-2003 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-30-2003 order, including new subsection (b)(2), repealer of subsection (b)(3) and subsection renumbering, transmitted to OAL 5-15-2003 and filed 6-26-2003 (Register 2003, No. 26).
6. Editorial correction of subsection (b)(4) (Register 2011, No. 47).
7. Amendment of subsections (b)(1)-(3) and Note filed 11-22-2011 as an emergency; operative 1-1-2012 pursuant to Government Code section 11346.1(d) (Register 2011, No. 47). A Certificate of Compliance must be transmitted to OAL by 6-29-2012 or emergency language will be repealed by operation of law on the following day.
8. Change without regulatory effect amending subsection (a) filed 12-7-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 49).
§870.19. Determination of Fee on Oil Transported by Tank Vessel or Pipeline.
Note     •     History

(a) For the years 2012 through 2014, the fee imposed on the oil transported by tank vessel or pipeline shall not exceed six and one-half cents ($0.065) per barrel of crude oil or petroleum products as assessed on January 20 of each year. Beginning January 1, 2015, the annual assessment shall not exceed five cents ($0.05) per barrel of crude oil or petroleum products.
(b) On or before January 20, the Administrator shall annually prepare a plan that projects revenues and expenses over three fiscal years, including the current year. Based on that plan, the Administrator shall set the fee so that the projected revenues, including any interest, are equivalent to expenses over the period covered by the plan. In setting the fee, the Administrator may allow for a surplus if the Administrator finds that revenues will be exhausted during the period covered by the plan or that a surplus is necessary to cover possible contingencies.
(1) Based upon the January 20 assessment, the Administrator may authorize the collection of a fee lower than six and one-half cents ($0.065) if the lower fee will result in the collection of sufficient monies during that state fiscal year to fund the purposes set forth in Section 870.21.
(2) The Administrator may suspend collection of the lower fee at any time. If the lower fee is suspended, the fee level shall return to the previously established rate of up to six and one-half cents ($0.065) per barrel of crude oil or petroleum product and shall remain at the increased level for the balance of the fiscal year.
(c) Whenever the Administrator determines that the fee level shall be changed, the Administrator shall notify the Board in writing within 5 days of making the determination. The Board shall then notify feepayors of the new fee level within 30 days of receiving the determination from the Administrator. The new fee level shall then become effective 30 days after the feepayors have been notified by the Board.
(d) The data used to determine the fee level shall be provided by the Administrator to interested parties upon request.
NOTE

Authority cited: Section 8670.39(b) and 8670.40, Government Code. Reference: Section 8670.40(a), Government Code.
HISTORY

1. New section filed 3-19-93; operative 3-19-93 (Register 93, No. 12).
2. Amendment of section heading and subsections (a)-(b)(2) filed 11-21-2002 as an emergency; operative 1-1-2003 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-1-2003 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section heading and subsections (a)-(b)(2) refiled 4-30-2003 as an emergency; operative 5-2-2003 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-2-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-30-2003 order transmitted to OAL 5-15-2003 and filed 6-26-2003 (Register 2003, No. 26).
5. Change without regulatory effect amending subsections (a) and (b)(1)-(2) filed 12-7-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 49).
§870.21. Fee Usages.
Note     •     History

The fee on oil transported by tank vessel or pipeline shall be collected by the Board. All fees levied under this chapter shall be deposited in the Oil Spill Prevention and Administration Fund in the State Treasury. Money in this fund shall be used only for the following purposes:
(a) to implement oil spill prevention programs and to conduct research into prevention and control technology;
(b) to carry out studies which may lead to improved oil spill prevention and response;
(c) to finance environmental and economic studies relating to the effects of oil spills;
(d) to reimburse the member agencies of the State Interagency Oil Spill Committee for costs arising from implementation of Article 3.5 (commencing with Section 8574.1) of Chapter 7 and Chapter 7.4 (commencing with Section 8670.1) of Division 1, Title 2 of the Government Code, and Division 7.8 (commencing with Section 8750) of the Public Resources Code;
(e) to implement, install, and maintain emergency programs, equipment, and facilities to respond to, contain, and clean up oil spills and to ensure that those operations will be carried out as intended;
(f) to respond to an imminent threat of a spill in accordance with the provisions of Government Code Section 8670.62 pertaining to threatened discharges. The cumulative amount of any expenditure for this purpose shall not exceed one hundred thousand dollars ($100,000) in any fiscal year unless the Administrator receives the approval of the Director of Finance and notification is given to the Joint legislative Budget Committee.
(g) to reimburse the Board for costs incurred in the collection of fees pursuant to Chapter 7.4 (commencing with Section 8670.1) of Division 1, Title 2 of the Government Code and Part 24 (commencing with Section 46001) of Division 2 of the Revenue and Taxation Code;
(h) to reimburse the costs incurred by the California State Lands Commission in implementing the Oil Transfer and Transportation Emission and Risk Reduction Act of 2002 (Division 9 (commencing Section 8780) of the Public Resources Code);
(i) to reimburse the Oil Spill Technical Advisory Committee for costs associated with Article 8 (commencing with Section 8670.54) of Chapter 7.4, Division 1, Title 2 of the Government Code;
(j) to provide a reasonable reserve for contingencies.
NOTE

Authority cited: Sections 8670.39(b) and 8670.40, Government Code. Reference: Sections 8670.4, 8670.40 and 8670.56, Government Code.
HISTORY

1. New section filed 3-19-93; operative 3-19-93 (Register 93, No. 12).
2. Amendment of first paragraph, new subsection (g), subsection relettering and amendment of Note filed 11-21-2002 as an emergency; operative 1-1-2003 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-1-2003 or emergency language will be repealed by operation of law on the following day.
3. Amendment of first paragraph, new subsection (g), subsection relettering and amendment of Note refiled 4-30-2003 as an emergency; operative 5-2-2003 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-2-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-30-2003 order, including repealer of subsection (d), new subsections (e) and (f) and subsection relettering, transmitted to OAL 5-15-2003 and filed 6-26-2003 (Register 2003, No. 26).
Chapter 7. Compliance
Subchapter 1. Administrative Compliance Actions and Hearing Procedures
Article 1. Administrative Compliance Actions and Civil Penalties
§873. Purpose and Scope.
Note     •     History

This subchapter establishes policies and procedures for the Administrator to take administrative compliance actions pursuant to Government Code Sections 8670.67, 8670.67.5 and 8670.68.
NOTE

Authority cited: Sections 8670.68 and 11400.20, Government Code. Reference: Sections 8670.67, 8670.67.5, 8670.68 and 11400.20, Government Code.
HISTORY

1. Amendment of chapter 7 heading, new subchapter 1 (articles 1-2), article 1 (sections 873-873.8) and section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
§873.1. Definitions.
Note     •     History

In addition to definitions found in Government Code Section 8670.3 and Chapter 1 of this subdivision, the following definitions govern the construction of this subchapter.
(a) “Environment” means the total human surroundings, physical and biological, natural and artificial, and air, water, soil, plants, wildlife, and other ecological factors affecting the growth, development, and safety of people and other living organisms.
(b) “Notice to Comply” means a written alternative to issuing a Complaint for a violation.
(c) “Respondent” means any person against whom a Notice to Comply or a Complaint is filed, pursuant to the provisions of this subchapter.
(d) “Threat”, for purposes of this subchapter, means an act or failure to act, the result of which could, by itself or in combination with other acts, endanger the public health and safety or harm the environment.
(e) “Wildlife” means and includes all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability.
NOTE

Authority cited: Sections 8670.68 and 11400.20, Government Code. Reference: Section 711.2, Fish and Game Code; and Sections 8670.56.5, 8670.67 and 8670.68, Government Code.
HISTORY

1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2. Amendment of subsection (b) filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
§873.2. General Provisions.
Note     •     History

(a) The Administrator may take administrative compliance actions for violations of Chapter 7.4 of the Government Code (commencing with Section 8670.1) or Division 7.8 of the Public Resources Code (commencing with Section 8750) and any regulations, permits, or orders, issued or promulgated pursuant to those provisions.
(b) Each calendar day or partial day that a violation occurs shall be considered a separate violation.
(c) Twenty-five (25%) percent of any penalty collected under this subchapter shall be paid to the Office of Spill Prevention and Response. The Administrator may allocate the amount collected among those state, county, or local agencies participating and assisting in the prosecution of the action in accordance with the relative personnel costs and other costs incurred.
(d) Except as provided in Government Code Section 8670.67(c), administrative actions taken pursuant to this subchapter shall be separate and in addition to, and do not supersede or limit, any and all other administrative, civil or criminal actions or remedies.
NOTE

Authority cited: Section 8670.68, Government Code. Reference: Sections 8670.61, 8670.62, 8670.66, 8670.67, 8670.67.5, 8670.68, 8670.68.5 and 8670.69.4, Government Code.
HISTORY

1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2. Amendment of subsection (c) filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
§873.3. Classification of Violations. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 8670.7, 8670.67 and 8670.68, Government Code. Reference: Sections 8670.67 and 8670.68, Government Code.
HISTORY

1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2. Repealer filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
§873.4. Notice to Comply.
Note     •     History

(a) The Administrator may issue a Notice to Comply to any person as an alternative to a Complaint, subject to subsection (b).
(b) A Notice to Comply shall clearly state the facts or failures to act that constitute the alleged violation. Where appropriate, a Notice to Comply may require a time in which to comply and include a proposed means by which compliance may be achieved. The Administrator may require a person to provide proof of compliance.
(c) Failure to comply with a Notice to Comply within the time allowed may be considered a violation of this subchapter.
(d) If a person who receives a Notice to Comply disagrees with one or more of the alleged violations cited in the notice, the person shall provide written objection(s) to the Administrator within 10 business days from the date of the receipt of the Notice to Comply. The Administrator shall review the written objections within 90 days of their receipt. Results of this review may include, but are not limited to, rescinding the Notice to Comply, scheduling an informal settlement conference, or issuing a Complaint. If, upon review, the Administrator issues a Complaint and assesses an administrative civil penalty on the basis of the disputed violation, a hearing may be requested, and shall be conducted, in the manner set forth in Article 2 of this subchapter.
(e) Notwithstanding subsection (a), the Administrator shall not issue a Notice to Comply for any knowing, willful, or intentional violations; for any violation that enables the violator to benefit economically from noncompliance, either by realizing reduced costs or by gaining a competitive advantage; or for any violation that is a chronic violation; or for any violation that is committed by a recalcitrant violator.
(f) In determining whether a violation is chronic or a violator is recalcitrant, for purposes of subsection (e), the Administrator shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard for the requirements of this subdivision.
(g) Pursuant to subsection (a), the respondent to a Notice to Comply shall:
(1) sign the Notice to Comply and return it to the Administrator within 10 business days or acknowledge the Notice to Comply in a writing, which contains all the information in the Notice to Comply and return it to the Administrator within 10 business days,
(2) within the time for compliance stated in the Notice to Comply, the recipient shall submit a statement to the Administrator detailing the steps by which compliance has been achieved. A false statement that compliance has been achieved is a violation of this subchapter pursuant to Sections 8670.65, 8670.66, or 8670.67 of the Government Code.
(h) Nothing in this subchapter shall be construed to restrict or limit the Administrator's ability to take any other action authorized by law.
NOTE

Authority cited: Sections 8670.7, 8670.67 and 8670.68, Government Code. Reference: Sections 8670.67 and 8670.68, Government Code.
HISTORY

1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2. Amendment of subsection (a) filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
§873.5. Administrative Compliance Actions: Government Code Section 8670.67.
Note     •     History

(a) The Administrator may issue a Complaint and assess a civil penalty upon any person who intentionally or negligently:
(1) fails to follow the effective plan (as that term is defined in Title 14, California Code of Regulations Section 815.05), or the direction or orders of the Administrator, or the United States Coast Guard (USCG), in connection with an oil spill, except as provided in Government Code Section 8670.27.
(2) fails to notify the USCG that a vessel (as defined in Government Code Section 8670.20(a)) is disabled within one hour of a disability if, while disabled, the vessel causes a discharge of oil into marine waters or inland waters.
(3) discharges or spills oil into, or which enters marine waters or inland waters unless the discharge is authorized by the United States, the State, or other agency with appropriate jurisdiction.
(4) fails to immediately begin cleanup, abatement, or removal of spilled oil in the manner prescribed by Section 8670.25 of the Government Code.
(5) fails to comply with the provisions of Chapter 7.4 of the Government Code (commencing with Section 8670.1) or Division 7.8 of the Public Resources Code (commencing with Section 8750) and any regulations, permits or orders issued or promulgated pursuant to those sections.
NOTE

Authority cited: Sections 8670.7, 8670.67 and 8670.68, Government Code. Reference: Sections 8670.20, 8670.67 and 8670.68, Government Code.
HISTORY

1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2. Amendment of subsections (a)(2)-(3) filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
§873.6. Administrative Compliance Actions: Public Resources Code.
Note     •     History

(a) Upon the request of the Executive Officer of the State Lands Commission (Executive Officer) the Administrator may issue an administrative civil Complaint and assess an administrative civil penalty upon any person who intentionally or negligently fails to comply with:
(1) Marine Terminals Inspection and Management regulations found in Title 2 California Code of Regulations Sections 2300 et seq.;
(2) Marine Terminal Personnel Training and Certification regulations found in Title 2 California Code of Regulations Sections 2540 et seq.;
(3) any other provision of Division 7.8 of the Public Resources Code (commencing with Section 8750) and any other regulations, regulatory amendments, permits or orders issued or promulgated pursuant to these Public Resources Code sections.
(b) The Administrator shall consult with the Executive Officer regarding costs, penalties, settlements, allocations, and other matters related to actions taken pursuant to subsection (a).
NOTE

Authority cited: Sections 8670.7 and 8670.67, Government Code. Reference: Sections 8752-8760 (inclusive), Public Resources Code; and Sections 8670.20, 8670.25, 8670.27, 8670.67, 8670.68 and 8670.69.4, Government Code.
HISTORY

1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
§873.7. Discharge of Oil; Administrative Civil Liability; Government Code Section 8670.67.5.
Note     •     History

In addition to any penalty assessed pursuant to Section 873.5 of this subchapter:
(a) Without regard to intent or negligence, any person who causes or permits oil to be spilled or discharged shall be strictly liable for a civil penalty assessed for up to ten dollars ($10.00) per gallon for every gallon of spilled or discharged oil.
(b) Whenever the spill or discharge results from gross negligence or reckless misconduct, the Administrator shall assess a civil penalty at thirty dollars ($30.00) per gallon of spilled or discharged oil.
(c) Any civil penalty assessed pursuant to either subsection (a) or (b) shall be reduced for every gallon of spilled oil that is:
(1) recovered; and
(2) properly reprocessed, reused, and/or disposed of in accordance with applicable laws.
(d) The Administrator shall take into consideration the nature, circumstances, extent and gravity of the spill, including the spiller's efforts to prevent, abate or clean up a discharge, when determining the appropriate penalty amounts.
(e) The determination of the amount of oil recovered shall be conducted pursuant to the provisions of Title 14 California Code of Regulations, Sections 877, et seq.
NOTE

Authority cited: Sections 8670.7 and 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.
HISTORY

1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2. Amendment of first paragraph filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
§873.8. Damages.

[RESERVED]
Article 2. Hearing Procedures
§874. Purpose and Scope.
Note     •     History

These procedural rules shall govern all hearings held pursuant to this subchapter.
NOTE

Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code.
HISTORY

1. New article 2 (sections 874-874.6) and section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
§874.1. Complaint.
Note     •     History

The Administrator may issue a Complaint upon any person on whom administrative civil liability may be imposed pursuant to Section 8670.67 or 8670.67.5. The Complaint shall:
(a) allege the facts or failures to act which constitute the basis for liability and contain the amount of the proposed civil penalty;
(b) be served by personal service or certified mail;
(c) inform the party so served of the right to a hearing;
(d) include a reference to laws and regulations governing the administrative civil penalty adjudication process; and
(e) include a document to serve as respondent's “Notice of Defense.”
NOTE

Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code.
HISTORY

1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
§874.2. Notice of Defense; Request for Hearing.
Note     •     History

(a) Any person served with a Complaint may, within 10 business days after service, request a hearing by filing a Notice of Defense.
(b) A Notice of Defense is deemed to be filed if it is postmarked within 10 business days after service.
(c) A hearing requested by the respondent shall be conducted within 90 days after the Notice of Defense is received by the Administrator. By stipulation, Staff and the Respondent may waive this provision. Staff will serve a Notice of Hearing after receipt of a Notice of Defense.
(d) If a Notice of Defense has not been filed within 10 business days after service of the Complaint, the Administrator shall issue an order setting liability in the amount proposed in the Complaint, or if the Administrator and the party have entered into a settlement agreement, the Administrator shall issue an order setting liability in the amount specified in the settlement agreement.
(e) If the party has not filed a Notice of Defense or if the Administrator and the party have entered into a settlement agreement, the Administrator's order shall:
(1) set the liability in the amount as specified in the Complaint or settlement; and
(2) shall not be subject to review by any court or agency.
NOTE

Authority cited: Sections 8670.68 and 11400.20, Government Code. Reference: Sections 1013(a) and 2015.5, Code of Civil Procedure; and Section 8670.68, Government Code.
HISTORY

1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2. Amendment of subsection (c) and Note filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
§874.2.5. Discovery.
Note     •     History

No more than 45 days prior to the date set forth in the Notice of Hearing, and no later than 30 days prior to the date set forth in the Notice of Hearing, either Staff or the Respondent may request production of any documents that will be presented at the hearing. At the time of the request, the requestor will produce copies of all documents intended to be introduced at the hearing. The responding party has 20 days to produce copies of any documents that will be introduced at the hearing. If a document is not available to the producing party, the producing party will provide a description of the document. Any document which has not been produced pursuant to these procedures cannot be introduced into evidence at the hearing. These provisions shall not apply to any document used to impeach a witness. The time for performing the acts required under this section shall be computed as provided in California Code of Civil Procedure section 1013.
NOTE

Authority cited: Sections 8670.68 and 11400.20, Government Code. Reference: Sections 1013(a) and 2015.5, Code of Civil Procedure; and Section 8670.68, Government Code.
HISTORY

1. New section filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
§874.3. Hearing Procedures.
Note     •     History

(a) Any hearing required under this subchapter shall be conducted by an independent hearing officer according to the procedures specified in Government Code Sections 8670.68 and 11507 to 11517, inclusive, and those statutes incorporated by reference in Section 874.4 of this Article. Where conflicts occur among the above-referenced statutes, the provisions set forth in Government Code 8670.68 shall control.
(b) The independent hearing officer shall take into consideration the nature, circumstances, extent and gravity of the violation, including those factors set forth below, when reviewing the proposed penalty.
(1) the degree of the respondent's negligent, grossly negligent, reckless, or intentional conduct;
(2) the actual or threatened harm to the public health and safety or the environment;
(3) the volume of oil discharged;
(4) the respondent's past and present efforts, including compliance history, to prevent, abate, or clean up a discharge or conditions posing a threat to the public health and safety, fish and wildlife, or the environment;
(5) the respondent's ability to pay the proposed civil penalty;
(6) prior actions brought against the respondent pursuant to this subchapter.
NOTE

Authority cited: Section 8670.68, Government Code. Reference: Section  8670.68, Government Code.
HISTORY

1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
§874.4. Incorporation by Reference.
Note     •     History

(a) Unless inconsistent or in conflict with the governing statutes or this subchapter, and to the extent that they govern administrative civil penalty adjudication procedures, the following statutes are incorporated by reference:
(1) Definitions: Government Code Sections 11405.10 through 11405.80.
(2) Governing Procedures: Government Code Sections 11415.10 through 11415.60.
(3) Alternative Dispute Resolution: Government Code Sections 11420.10 through 11420.30.
(4) Ex Parte Communications: Government Code Sections 11430.10 through 11430.80.
(5) Alternative Service of Documents (excluding Complaint): Government Code Section 11440.20.
(6) Hearings by Teleconference: Government Code Section 11440.30.
(7) Informal Hearing Procedures: Government Code Sections 11445.10 through 11445.60.
(8) Subpoenas: Government Code Sections 11450.05 through 11450.50.
(9) Enforcement and Sanctions: Government Code Sections 11455.10 through 11455.30.
NOTE

Authority cited: Sections 8670.68 and 11400.20, Government Code. Reference: Sections 8670.68, 11405.10-11405.80, 11415.10-11415.60, 11420.10-11420.30, 11430.10-11430.80, 11440.20, 11440.30, 11445.10-11445.60, 11450.05-11450.50 and 11455.10-11455.30, Government Code.
HISTORY

1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
§874.5. Order Setting Civil Penalty.
Note     •     History

(a) After conducting any hearing required under this subchapter, the independent hearing officer shall issue a decision, including an order setting the amount of civil penalty to be imposed, within 30 days after the case is submitted.
(b) Orders setting civil liability issued pursuant to this section shall become effective and final upon issuance, and payment shall be made within 30 days of issuance.
(c) Copies of the orders shall be served by personal service or by certified mail upon the party served with the Complaint and upon other persons who appeared at the hearing and requested a copy.
(d) Any order for administrative civil penalties entered pursuant to this section shall be subject to interest at the legal rate (as defined in Code of Civil Procedure Section 685.010) from the time of service of the Complaint.
NOTE

Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code.
HISTORY

1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
§874.6. Review of Decision.
Note     •     History

(a) Within 30 days after service of a copy of a decision issued by the independent hearing officer, a party to the action, or a person appearing at the hearing and served with a copy of the decision, may file a petition for writ of mandate for review of the decision with a court of appeal.
(1) The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to the Act or the accrual of any penalties assessed pursuant to the Act and does not prohibit the court from granting any appropriate relief within its jurisdiction.
(2) Any person who fails to file the petition within the 30-day period may not challenge the reasonableness or validity of a decision or order of the independent hearing officer in any judicial proceedings brought to enforce the decision or order or for other remedies.
(b) Except as otherwise provided in this article, Section 1094.5 of the Code of Civil Procedure shall govern any proceedings conducted pursuant to this section.
(c) In all proceedings pursuant to this subchapter, the court shall uphold the decision of the independent hearing officer if the decision is based upon substantial evidence in the whole record.
NOTE

Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code; and Section 1094.5, Code of Civil Procedure.
HISTORY

1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
Subchapter 2. Determining Amount of Petroleum Hydrocarbons Recovered
Article 1. General Provisions and Definitions
§877. Purpose and Scope.
Note     •     History

The regulations in this subchapter set forth the methods for determining the amount of liquid petroleum hydrocarbons (oil) recovered. These methods will be used to determine the number of gallons of discharged liquid petroleum hydrocarbon that are recovered and properly disposed of in accordance with applicable law. The term “disposed of” shall include liquid petroleum hydrocarbon that is reprocessed, recycled, or otherwise utilized as an ingredient in the  manufacture of petroleum products or other products.
NOTE

Authority cited: Section 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.
HISTORY

1. New chapter 7, subchapter 2, article 1 (sections 877-880) and section filed 7-23-97; operative 8-22-97 (Register 97, No. 30).
§877.1. Exception.
Note     •     History

(a) Unless otherwise agreed to, the amount of petroleum hydrocarbons recovered shall be determined pursuant to Sections 877.3, 878, 879 and 880. The Responsible Party and the Administrator may use an alternative method to the method described in these sections. This alternative method shall be agreed to at the time of the incident and shall be included in the Incident Action Plan or as an attachment thereto.
(b) Not withstanding Section 877.1(a), the Administrator and Responsible Party or potentially Responsible Party shall not be precluded from entering into a binding agreement whereby the parties stipulate to the amount of oil spilled and/or recovered. Such agreement shall be binding on the parties for purposes of a civil penalty action.
Stipulations may be entered into where the parties determine that it is in the interest of justice to do so to facilitate resolution of the response.
NOTE

Authority cited: Section 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.
HISTORY

1. New section filed 7-23-97; operative 8-22-97 (Register 97, No. 30).
§877.2. Definitions.
Note     •     History

In addition to the definitions provided by Section 790 of Title 14, the following definitions shall govern this subchapter. These definitions shall supersede any duplication in Section 790, Title 14:
(a) “API” refers to the American Petroleum Institute. The American Petroleum Institute, in conjunction with the American Society for Testing and Materials (ASTM), American National Standards Institute (ANSI), British Standards Institute (BSI) and the Institute of Petroleum (IP), has developed standardized methods and formulas to calculate measured quantities of petroleum fluids regardless of point of origin, destination or unit of measure used by custom or statute.
(b) “ASTM” refers to the American Society for Testing and Materials. It is a scientific and technical organization formed for the development of standards on characteristics and performance of materials, products systems and services.
(c) “EPA” refers to the United States Environmental Protection Agency.
(d) “EPA Method 8015A” is a procedure used to determine the concentration of various volatile organic compounds. EPA Method 8015A, Nonhalogenated Volatile Organics by Gas Chromatography, July 1992, is hereby incorporated by reference.
(e) “EPA Method 8270B” is a procedure used to determine the concentration of semi-volatile organic compounds. EPA Method 8270B, Semi-volatile Organic Compounds by Gas Chromatography/Mass Spectrometer (GC/MS): Capillary Column Technique, September 1994, is hereby incorporated by reference.
(f) “EPA Method 3550A” is a procedure used for extracting non-volatile and semi-volatile organic compounds from solids such as soils, sludges and wastes. EPA Method 3550A, Ultrasonic Extraction, September 1994, is hereby incorporated by reference.
(g) “EPA Method 3540B” is a procedure used for extracting non-volatile and semi-volatile organic compounds from solids such as soils, sludges and wastes. EPA Method 3540B, Soxhlet Extraction, September 1994, is hereby incorporated by reference.
(h) “Flame Ionization Detector (FID)” is a detector, used in combination with a Gas Chromatograph, to analyze for saturated hydrocarbons, alkanes, alkenes and unsaturated hydrocarbons.
(i) “Gas Chromatography (GC)” is an analytical technique used to determine the sample concentration of organic constituents including total petroleum hydrocarbons (TPH) in environmental media.
(j) “Gauge” refers to the act of manually measuring the height of liquid in a tank expressed in feet, inches and fractions of inches or other appropriate units.
(k) “Recover” or “Recovered” refers to the amount of oil either removed or taken out of the environment after a spill. This does not include material lost to natural evaporation, or dispersion, in situ burning, or the use of chemical dispersants.
(l) “Sorbents” refers to manmade substances or materials that preferentially absorb or adsorb petroleum hydrocarbons. Sorbents typically include but are not limited to booms and pads.
(m) “TPH” refers to total petroleum hydrocarbons. It is a term used to describe the amount of petroleum hydrocarbons which are contained in a solid sample or sediment as a number that may be converted to units of volume or mass.
NOTE

Authority cited: Section 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.
HISTORY

1. New section filed 7-23-97; operative 8-22-97 (Register 97, No. 30).
2. Repealer of subsection (k) and subsection relettering filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
§877.3. Recovery of Liquid Petroleum Hydrocarbons.
Note     •     History

(a) All material shall be collected and stored at locations that shall be identified and approved by the Unified Command as defined in Section 790(u), Title 14, prior to use.
(b) A storage location conforming to approved methods for the storage of liquid petroleum hydrocarbons (LPH), which is a measured volume of recovered product or crude oil, shall be pre-identified and verified by the Unified Command (UC) as empty. If it is necessary to use a storage location that already contains LPH, water, or a combination of both, the type of product shall be determined and sampled according to API approved standards in advance and pre-gauged using API approved gauging methods. The petroleum hydrocarbon mixture shall be collected and separated. Gauge readings shall be taken until two (2) gauge readings are identical.
(c) The total volume of liquid petroleum hydrocarbons recovered shall be designated as V1.
NOTE

Authority cited: Section 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.
HISTORY

1. New section filed 7-23-97; operative 8-22-97 (Register 97, No. 30).
2. Amendment of subsections (a) and (c) filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
§878. Sampling Analysis and Calculation of Petroleum Hydrocarbons in Contaminated Sediment.
Note     •     History

(a) All contaminated material shall be collected and stored at locations that shall be identified and approved by the Unified Command prior to use.
(b) The Unified Command, or their representatives, shall develop a statistically sound sampling and analysis plan, agreed upon by all parties, that shall be used in qualifying recovered petroleum hydrocarbons. At a minimum, the sampling plan shall include, but not be limited to, the number of samples to be collected, the sampling methodology to be used, and the methods for quantifying sediment and TPH, and moisture.
(c) Samples shall be collected in pre-cleaned glass containers. Samples shall not be collected in plastic containers.
(d) For the TPH extraction method, applicable EPA or ASTM methods, such as EPA Method 3550A, shall be used.
(e) For quantification of TPH, applicable EPA or ASTM methods, such as EPA Method 8015A by gas chromatography flame ionization detector or EPA Method 8270B shall be used.
(f) The following calculation shall be used to determine the total amount of petroleum hydrocarbons:
Vs = volume of petroleum hydrocarbons recovered in contaminated sediment
Ws = total weight of sediment
Cps = concentration of petroleum hydrocarbons in sediment (from TPH analysis)
Dp = density of petroleum hydrocarbon
Vs = (Ws) x (Cps) x (1/Dp)
NOTE

Authority cited: Section 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.
HISTORY

1. New section filed 7-23-97; operative 8-22-97 (Register 97, No. 30).
§879. Sorbents and Debris.
Note     •     History

(a) All contaminated material shall be collected and stored at locations that shall be identified and approved by the Unified Command prior to use. Sorbents and Debris shall be segregated.
(b) The following methods may be used to determine the amount of recovered petroleum hydrocarbons:
(1) Alternative Number 1.
(A) The petroleum hydrocarbons and water shall be extracted using pressure or other extraction method. A water deluge may be used to effect this process, subsequent to approval by the Unified Command. The petroleum hydrocarbon mixture shall be collected and separated. The petroleum hydrocarbons shall be gauged using API approved gauging methods. Gauge readings shall be taken until two (2) gauge readings are identical.
(2) Alternative Number 2.
(A) The Unified Command, or their representatives, shall develop a statistically sound sampling and analysis plan, agreed upon by all parties, that shall be used in quantifying recovered petroleum hydrocarbons. At a minimum, the sampling plan shall include, but not be limited to, the number of samples to be collected, and the sampling methodology to be used and the methods for quantifying the sorbent, TPH and moisture.
(B) Samples shall be collected in pre-cleaned glass containers. Samples shall not be collected in plastic containers.
(C) For the TPH extraction method, applicable EPA or ASTM methods, such as EPA Method 3550A, shall be used.
(D) For quantification of TPH, applicable EPA or ASTM methods, such as EPA Method 8015A by gas chromatography flame ionization detector or EPA Method 8270B shall be used.
(E) The following calculation shall be used to determine the total amount of petroleum hydrocarbons:
Vpsb = volume of petroleum hydrocarbons recovered in sorbents
Cps = concentration of petroleum hydrocarbons reported in sorbent pads as TPH
Cpb = concentration of petroleum hydrocarbons reported in sorbent boom as TPH
Co = concentration of petroleum hydrocarbons reported in sorbent type other than booms or pads as TPH
Wp = total weight of sorbents pads
Wb = total weight of boom
Wo = total weight of other sorbent type
Dh = density of petroleum hydrocarbons
Vpsb = {[(Cps) x (SWp)]} + {[(Cpb) x (Wb) + (Co x Wo)]} x (1/Dh)
(c) Debris.
The following methods may be used to determine the amount of recovered petroleum hydrocarbons:
(1) Alternative Number 1.
(A) The oily debris shall be washed using water deluge, subsequent to approval by the Unified Command. The petroleum hydrocarbon and water mixture shall be collected and separated. The petroleum hydrocarbons shall be gauged using API approved gauging methods. Gauge readings shall be taken until two (2) gauge readings are identical.
(2) Alternative Number 2.
(A) The oily debris shall be collected and homogenized (by grinding or equivalent to effect total homogenization).
(B) The Unified Command, or their representatives, shall develop a statistically sound sampling and analysis plan, agreed upon by all parties, that shall be used in quantifying recovered petroleum hydrocarbons. At a minimum, the sampling plan shall include, but not be limited to, the number of samples to be collected, and the sampling methodology to be used and the methods for quantifying the oily debris, TPH and moisture.
(C) Samples shall be collected in pre-cleaned glass containers. Samples shall not be collected in plastic containers.
(D) For the TPH extraction method, applicable EPA or ASTM methods, such as EPA Method 3550A, shall be used.
(E) For quantification of TPH, applicable EPA or ASTM methods, such as EPA Method 8015A by gas chromatography flame ionization detector or EPA Method 8270B shall be used.
(F) The following calculation shall be used to determine the total amount of petroleum hydrocarbons:
Vpd = volume of petroleum hydrocarbons recovered in debris
Cpd = concentration of petroleum hydrocarbons reported as TPH
Wd = total weight of debris
Dh = density of petroleum hydrocarbon
Vpd = [(Cpd) x (Wd)] x (1/Dh)
NOTE

Authority cited: Section 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.
HISTORY

1. New section filed 7-23-97; operative 8-22-97 (Register 97, No. 30).
§879.5. [Reserved].

§880. Calculation for Total Recovery of Petroleum Hydrocarbons.
Note     •     History

(a) The total recovery of petroleum hydrocarbons (Vr) shall be the sum of the total volume of petroleum hydrocarbons from contaminated sediment (Vs), sorbents (Vpsb), and debris (Vpd), and liquid petroleum hydrocarbons (V1) reported in gallons.
Vr = Vs + Vpsb + Vpd + V1
NOTE

Authority cited: Section 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.
HISTORY

1. New section filed 7-23-97; operative 8-22-97 (Register 97, No. 30).
2. Change without regulatory effect amending formula filed 2-8-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 6).
Chapter 8. Response Technology
Subchapter 1. Licensing and Use of Oil Spill Cleanup Agents
Article 1. General Provisions
§884. Purpose and Scope.
Note     •     History

This subchapter sets forth the requirements for the licensing and use of oil spill cleanup agents (OSCA). Licensing criteria are established based on the level of toxicity imposed by a given agent. The protocols for using an OSCA are based on the sensitivity of the habitat in which the agent may be used.
The regulations in this subchapter provide specific forms that must be completed by the applicant, and require that the OSCA license be renewed once every five years. Certain products will be considered exempt from the licensing process, but the applicant must petition the Administrator for an exemption to assure that exempted products will be nontoxic in the aquatic environment.
In addition to the regulations in this subchapter, the licensing process will be governed by the criteria and protocols in the “Guidance Document for the Exemption, License and Renewal of Oil Spill Cleanup Agents”, dated 1/1/98 (Guidance Document), and herein incorporated by reference. The use criteria for dispersants will be governed by the requirements in this subchapter and the criteria in the “Quick Approval Process for Dispersant Use in Waters Off California”, dated 4/14/97, and herein incorporated by reference.
NOTE

Authority cited: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
HISTORY

1. New chapter 8, subchapter 1, article 1 (sections 884-884.5) and section heading filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. New section filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§884.5. Definitions and Abbreviations.
Note     •     History

In addition to the definitions found in Government Code § 8670.3, and Chapter 1, of this subdivision, the following definitions shall govern the construction of this subchapter. 
(a) “Aquatic toxicity” means that the survivorship of the test organisms in the treatment exposure is less than 90% of those in the control group. Testing to determine if an agent causes aquatic toxicity shall be done in accordance with the testing protocols in the Guidance Document.
(b) “Bioremediation agent” or “bioremediant” means an OSCA which contains oil-degrading bacteria that serve a seeding function, or nutrients that serve to enhance the growth of naturally occurring bacteria. These agents are deliberately introduced into an oil discharge to increase the rate of biodegradation in an effort to mitigate the effects of the discharge.
(c) “Collecting agent” means a type of OSCA, the function of which is to absorb, congeal, gel or emulsify oil. The end product of these actions is an agent-oil mass that remains afloat for later collection or burning. Collecting agents include; emulsion treating agents, herding agents, elasticity modifiers, and sorbents.
(d) “Dispersing agent” or “dispersant” means a type of OSCA, the function of which is to reduce the interfacial surface tension between oil and water. Dispersing agents are surfactant-based chemical compounds, and are composed of both water and oil compatible constituents which allow oil particles to more easily enter the water column.
(e) “EC50” mans Effects Concentration 50, and is the concentration at which 50% of the test organisms display an effect or response to the product being tested during the course of a specified and predetermined time period (e.g. 96 hours).
(f) “Guidance Document” means the Guidance Document for the Exemption, License and Renewal of Oil Spill Cleanup Agents, dated 1/1/98, which is incorporated by reference herein. This document contains the required exemption, license and renewal forms and the instructions for their completion and use.
(g) “LC50” means the median Lethal Concentration 50, and is the concentration at which 50% of the test organisms die during the course of a specified and predetermined time period (e.g. 96 hours).
(h) “Mechanical control device” means any physical device or structure utilized to confine and/or remove oil from the surface of the water or the shoreline.
(i) “Non-toxic” or “not toxic” means that the survivorship of the test organisms in the treatment exposure is 90% or greater than those in the control group. Testing to determine if an agent is non-toxic shall be done in accordance with the Exemption Petition section of the Guidance Document which requires a Standard LC50 bioassay on specified test species.
(j) “Oil Spill Cleanup Agent” (OSCA) means a chemical, or any other substance used for removing, dispersing or otherwise cleaning up oil or any residual products of petroleum in, or on, any of the waters of the state.
(k) “OSCA” means Oil Spill Cleanup Agent.
(l) “Sinking agent” means a type of OSCA, the primary function of which is to combine with oil to cause sinking of the agent-oil mass. Sinking agents may not be used in the waters of California.
(m) “Surface washing agent” means a type of OSCA, the function of which is to facilitate the removal of oil from shoreline substrates or other oiled surfaces. The primary effect of this type of OSCA is to act as a wetting agent to soften or lower the viscosity of the oil, thereby increasing the effectiveness of water in displacing the oil from the shoreline surfaces. A surface washing agent cannot act as a dispersant.
NOTE

Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code; and 40 CFR Sections 300.115 and 300.175(b).
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Amendment of section heading, repealer of former subsection (g), new subsections (a), (b), (e)-(g), (i) and (m), subsection relettering, amendment of newly designated subsections (c), (d), (g) and (l), and amendment of Note filed 7-28-98; operative 8-27-98 (Register 98, No 31).
Article 2. Licensing Oil Spill Cleanup Agents
§885.1. Applicability and Exemptions.
Note     •     History

(a) Any OSCA applied in or on state waters must be licensed by the Administrator unless otherwise exempted, or being used in an expedited testing situation as specified in this Section.
(b) Exemptions to the license requirement:
(1) a manufacturer may request an exemption from the licensing requirements for the following agents and substances;
(A) substances such as sorbents and other cleanup devices that do not employ the use of active chemical cleanup agents; or 
(B) substances that do not to cause aquatic toxicity when used for purposes of oil spill response. 
(c) Expedited testing and use of an unlicensed OSCA:
(1) the Administrator or his/her designee may authorize the use of an unlicensed OSCA on an expedited basis in any waters of the state;
(2) the unlicensed OSCA must be used in accordance with the criteria established for the particular body of water to which it will be applied, as specified in Article 3 of this subchapter. In addition, such use must be done in consultation with applicable federal agencies and be consistent with the National Contingency Plan.
(3) expedited use of an unlicensed OSCA may be authorized if an application for licensing has been submitted but not yet approved or denied, and the following conditions are met:
(A) there is danger of impact or harmful effect from an oil spill to the waters of the state; and
(B) the Administrator determines that mechanical control devices or currently licensed OSCA's, used either singly or in combination, may not be as appropriate or as effective in the given situation as the unlicensed OSCA; and
(C) a preliminary review of the OSCA's license application indicates that the OSCA being tested will not be more hazardous to the aquatic environment than the oil on which it is being applied; and
(D) the test has been approved by the Administrator and the RRT, and will be supervised by the Administrator.
(4) an expedited test may be conducted for the following purposes;
(A) to determine the efficacy of an OSCA in a given situation or on a particular type of oil;
(B) to obtain information needed to meet the requirements set forth in Government Code §8670.12;
(C) to improve results when used with a currently licensed OSCA and/or a mechanical control device;
(D) to mitigate the effects of the oil spill when it is determined that the impact of the OSCA will be less than the impact of the oil.
(5) the OSCA may only be used once on an expedited basis during the licensing process;
(6) the results of the test shall be documented and made part of the OSCA license application materials.
NOTE

Authority: Sections 8670.13.1 and 8670.7, Government Code. Reference: Sections 8670.13.1, 8670.13.2 and 8670.7, Government Code.
HISTORY

1. New article 2 (sections 885.1-885.10) and section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Amendment of section heading, section and Note filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§885.2. Exemption, License and Renewal Applications and Fees.
Note     •     History

(a) Exemption Petition, (form #1958, as found in the Guidance Document):
(1) a manufacturer must petition for an exemption to the licensing process for any product that might be used in response to an oil spill that could be considered exempt under section 885.1.
(A) the following materials will automatically be considered exempt, though the manufacturer must still submit an exemption request form in order to establish the product as available for use in California;
1. cellulose fibers, other than peat moss or products derived from peat moss,
2. vermiculite or zeolite,
3. polypropolene,
4. polyethylene,
5. polyurethane,
6. polyester.
(2) the request for exemption must be submitted using the Petition for Exemption, form #1958. This form shall be available from the Administrator upon request.
(3) a petition for exemption shall be accompanied by a filing fee, as follows:
(A) $100 for a petition for an inert agent such as those listed in subsection 885.2(a)(1)(A) above;
(B) $250 for a petition for any other type of agent.
(C) The fee shall be used to cover costs incurred by the Administrator in processing the application.
(D) The fee shall be counted toward the cost of the license application if the exemption request is denied.
(4) Review process:
(A) within 14 days of receipt, the Administrator will issue a letter of acknowledgment notifying the applicant that the petition has been received;
(B) within 30 days of submittal, the applicant will be notified in writing if the petition is not complete, and will be informed of any additional information required. The petition will not be considered complete until all additional information has been submitted;
(C) the Administrator shall approve or deny the exemption request within 60 days of receiving a complete petition;
1. the exemption shall be approved if the manufacturer can demonstrate that the OSCA is not toxic and does not pose a hazard to the aquatic environment;
2. the applicant shall be notified in writing of the Administrator's determination and the reasons for the decision.
(b) License Application, (form #1959 as found in the Guidance Document):
(1) the applicant shall apply for a license for an OSCA using a License Application, form #1959. This form shall be available from the Administrator upon request.
(2) the license shall be valid for a period not to exceed 5 years, and must be renewed prior to the expiration date if the manufacturer wants to continue to have the agent considered available for use during an oil spill.
(3) each application for a license shall be accompanied by a filing fee of one thousand dollars ($1000). These fees shall be used to cover the costs incurred by the Administrator in processing the application.
(4) Review process:
(A) within 14 days of receipt, the Administrator will issue a letter of acknowledgment notifying the applicant that the petition has been received;
(B) within 30 days of submittal, the applicant will be notified in writing if the petition is not complete, and will be informed of any additional information required. The petition will not be considered complete until all additional information has been submitted;
(C) the Administrator shall approve or deny the exemption request within 60 days of receiving a complete application;
1. the license shall be approved if the manufacturer can demonstrate the efficacy of the product as an oil spill cleanup agent, and if the product meets all the licensing requirements of this subchapter;
2. the applicant shall be notified in writing of the Administrator's determination and the reasons for the decision.
(c) License Term and Renewal, (form #1967 as found in the Guidance Document):
(1) The term of a license shall not exceed five years. There is no grace period for renewal. An OSCA may not be used after the expiration of the license.
(2) The manufacturer must apply for renewal of the license using the License Renewal Form #1967. The renewal forms shall be available from the Administrator upon request;
(3) Each application for renewal shall be accompanied by a filing fee of $100. This fee shall be used to cover costs incurred by the Administrator in processing the renewal.
(4) Review process:
(A) within 14 days of receipt, the Administrator will issue a letter of acknowledgment notifying the applicant that the renewal application has been received. If the renewal application is not complete, the letter of acknowledgment will include a list of any additional information that may be required. The application will not be considered complete until all additional information has been submitted;
(B) the Administrator shall approve or deny the request for renewal within 30 days of receiving a complete application;
(C) the license shall be renewed if:
1. the license has not previously been revoked for cause; and
2. the product formulations have not changed or, if changed, the modified formulation has been approved by the Administrator; and
3. the applicant submits a complete application and provides sufficient information to establish that the product meets current licensing criteria.
(D) the applicant shall be notified in writing of the Administrator's determination and the reasons for the decision.
(d) Appeals
(1) An applicant may appeal the Administrator's revocation of a license, or denial of an application for exemption, license or renewal;
(A) an appeal must be filed in writing within 15 working days of the date the notice of denial was mailed.
(B) the appeal must include the applicant's reason(s) for disputing the Administrator's decision. The applicant may include additional test data or other information regarding the OSCA that could be used by the Administrator to reconsider the initial decision.
(C) the Administrator will respond to an appeal within 30 days of receipt of the applicant's request for reconsideration.
NOTE

Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Amendment of section heading, section and Note filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§885.3. Revoking a License.
Note     •     History

(a) The Administrator may revoke a license for the following reasons:
(1) the OSCA does not perform as expected when applied to spilled oil;
(2) the formulation of the OSCA is changed;
(3) information becomes available that demonstrates that the OSCA is more toxic than previously determined, or has adverse effects in the aquatic environment not previously known or anticipated;
(4) information on the license or renewal applications is found to be incorrect, incomplete or inaccurate.
(b) Appeals
(1) A manufacturer may appeal the Administrator's revocation of a license using the process specified in §885.2 of this subchapter.
NOTE

Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Repealer and new section and amendment of Note filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§885.4. Accuracy of Information and Notification of Changes in Formulation.
Note     •     History

(a) The applicant is responsible for the accuracy, completeness and timely update of all the information submitted in connection with the application to license an OSCA, and all the information stated on the product container label. An update to the application shall be considered timely if it is submitted before the application process is completed, and approval/denial determined. If an update is submitted, the application process timelines will recommence with receipt of the updated material.
(b) If any of the information on an application is found to be incorrect or inaccurate, the application shall be denied, or the license revoked if already issued.
(c) Prior to any change in the formulation of an approved product, the applicant shall notify the Administrator in writing and shall obtain specific approval of the change before the OSCA may be used to remove, clean up or otherwise treat oil in California waters.
(1) The Administrator may require a new application if there is a significant change in the OSCA formulation. A significant change is one that would alter the allowable use or the recommended application parameters, as specified in Article 3 of this subchapter.
(2) Failure to provide notification of a change in formulation is cause for the Administrator to revoke the OSCA license.
NOTE

Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Amendment of section and Note filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§885.5. Testing Required for Licensing.
Note     •     History

(a) Licensing an OSCA is subject to successful screening through:
(1) standardized efficacy tests;
(2) standardized toxicity tests;
(3) such other tests as deemed necessary by the Administrator in order to determine the efficacy, toxicity or appropriate use of the OSCA.
(b) Testing necessary to determine compliance with the efficacy and toxicity criteria shall, as applicable, be conducted consistent with the testing methods or procedures approved by the Administrator, and found in the Guidance Document.
(c) All tests shall be performed by the applicant or his/her designee. The Administrator or his/her authorized agent may verify or require verification of the results of any tests. Any verification costs incurred by the Administrator will be paid from the applicant's licensing fee.
NOTE

Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Amendment of section and Note filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§885.6. Efficacy and Toxicity Criteria.
Note     •     History

Each OSCA to be considered for licensing by the Administrator shall comply with the following efficacy and toxicity criteria:
(a) the OSCA must have a flash point of 170 degrees Fahrenheit or greater;
(b) the hydrogen ion activity of a liquid OSCA that is water soluble, as applied to the water surface must be 6.5 to 8.5 pH units;
(c) the heavy metal and chlorinated hydrogen content must not be greater than the following concentration(s) in parts per million or milligrams per liter of product:
(1) Mercury - 0.005, Cadmium - 0.01, Lead - 0.05,
(2) total identifiable chlorinated hydrocarbon - 0.05.
(d) the OSCA must perform as indicated by the manufacturer when applied in the manner recommended by the manufacturer;
(e) bioremediation agents must degrade the oil through microbial action, and neither the bioremediant or its by-products may be more toxic in the aquatic environment than the oil on which applied;
(f) collecting agents must be nontoxic, and upon application to an oil spill, at least 90 percent of the oil-agent mass must remain afloat;
(g) dispersant efficacy must be established in accordance with the standardized efficacy tests required by this subchapter, and found in the Guidance Document. If more than 10 percent of the oil sinks upon application of the OSCA, the agent will be considered a sinking agent;
(h) no dispersant or surface washing agent shall be licensed if it has has an average level of toxicity greater than 10 mg/l as applied (EC50 less than 10 mg/l). The average level of toxicity of these agents shall be determined by the testing methods described in the Guidance Document.
NOTE

Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Amendment of section heading, section and and Note filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§885.7. Issuing a License.
Note     •     History

(a) A license shall be issued to the OSCA manufacturer (applicant) on a registered trademark-name basis when the following conditions are met:
(1) a completed application has been submitted to the Administrator along with the appropriate fee; and
(2) the applicant has conducted the standardized efficacy and toxicity tests, as well as any other relevant tests or requirements prescribed by the Administrator, and provided in this subchapter; and
(3) the results of the required tests have been submitted to the Administrator; and
(4) the applicant has submitted any additional information as requested by the Administrator to substantiate the test data; and
(5) the results of these required tests and any additional, substantiating data meet the efficacy and toxicity criteria established in this Article.
(b) If the Administrator's Industrial Hygienist determines that the OSCA constitutes a serious occupational hazard to health, the license application will either be;
(1) denied; or
(2) licensed for use with specified conditions that will adequately minimize or mitigate the occupational health hazard.
NOTE

Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code; and Title 8, Section 5192, California Code of Regulations.
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Amendment of section and Note filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§885.8. OSCA Labeling Requirement.
Note     •     History

Each OSCA must have a plainly printed label attached to the container that states at least the following:
(a) the name, brand, and trademark, if any, under which the OSCA is sold;
(b) the name and address of the manufacturer, importer, or vendor;
(c) special handling, storage, or worker safety precautions;
(d) the product's flash point and freezing point, if applicable for the type of product; 
(e) recommended application procedure(s), concentration(s), and conditions for use as regards to water salinity, water temperature, and the types and ages of oils on which it may be used;
(f) the shelf life, or expiration date of the product.
NOTE

Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Repealer of former section 885.8, and renumbering of former section 885.9 to new section 885.8, including amendment of section and Note, filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§885.9. Legal Responsibility.
Note     •     History

Obtaining a license for an OSCA does not waive any other legal responsibilities of the manufacturer or user of an OSCA.
NOTE

Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Renumbering of former section 885.9 to new section 885.8, and renumbering of former section 885.10 to new section 885.9, including amendment of Note, filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§885.10. Legal Responsibility. [Renumbered]
Note     •     History

NOTE

Authority: Sections 8670.13.1 and 8670.13.2, Government Code. Reference: Section 8670.13.2, Government Code; Section 13169, Water Code; and California Code of Regulations, Section 2318.
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Renumbering of former section 885.10 to new section 885.9 filed 7-28-98; operative 8-27-98 (Register 98, No 31).
Article 3. Use of Oil Spill Cleanup Agents
§886.1. Requirements for the Use of a Licensed OSCA.
Note     •     History

(a) The use, or expedited testing of an OSCA in response to an oil spill shall be subject to the approval of the Administrator and the Regional Response Team (RRT), and done in compliance with the provisions of this subchapter. An OSCA may be used without obtaining the concurrence of the RRT if the OSCA has been listed in a preauthorization plan of the applicable Area Contingency Plan (ACP). Such listing shall have been done in accordance with the provisions of 40 CFR 300, Subpart J, as follows:
(1) the RRT representative from the Environmental Protection Agency (EPA) and the state of California, and the Department of Commerce (DOC) and Department of Interior (DOI) natural resources trustees shall review and either approve, disapprove, or approve with modification the preauthorization plans of the Area Committees;
(2) the preauthorization plan of the appropriate ACP must address the specific contexts in which the specified products should and should not be used;
(3) the OSCA must then be used in a situation the same as or similar to the context described in the ACP.
(b) The use of an OSCA shall be supervised by the Department of Fish and Game in accordance with the provisions of this subchapter, and any applicable direction or instruction from the Administrator. Decisions regarding use must be consistent with the statutory provisions governing the duties of the Administrator as outlined in Chapter 7.4 of the Government Code, or the Department's responsibilities pursuant to Fish and Game Code §5655.
(c) Use of an OSCA in a domestic water supply:
(1) dispersants, and OSCA's that are not inert, may only be applied to water that is the source of a domestic drinking supply after notification is made to the State Department of Health Services and the appropriate local health agency responsible for drinking water quality; and
(2) the OSCA shall be applied in accordance with the recommendations of the state and local health agencies.
(d) The local Regional Water Quality Control Board shall be notified before any OSCA is applied to a lake, a reservoir or any surface streams.
(e) In addition to the provisions of (a), (b), (c) and (d) above, the following restrictions and requirements apply to the bodies of water indicated:
(1) Lakes and reservoirs:
(A) Collecting agents: 
1. collecting agents that are inert may be applied to lakes and reservoirs provided the floating oil-agent mixture is collected and disposed of properly. 
2. collecting agents that are not inert may be applied in domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section.
(B) Dispersing agents:
1. any application of a dispersant to a domestic water supply shall be in accordance with the provisions of subparagraph (c) of this section.
2. shall not be applied to the shoreline of a lake or reservoir;
3. aside from 1. and 2. above, dispersing agents may be applied to lakes and reservoirs only if wildlife resources and associated habitat, recreational beaches, marinas or shore facilities are threatened, and other control methods are judged to be inadequate or infeasible by the Department of Fish and Game.
(C) Sinking agents shall not be applied to lakes or reservoirs.
(D) Bioremediation agents may be applied in lakes and reservoirs and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil.
(E) Surface washing agents:
1. surface washing agents that are inert may be applied to the shoreline of surface streams provided that the floating oil-agent mixture is collected and disposed of properly.
2. surface washing agents that are not inert may be applied to domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section.
(2) Surface streams:
(A) Collecting agents; 
1. collecting agents that are inert may be applied to surface streams provided the floating oil-agent mixture is collected and disposed of properly. 
2. collecting agents that are not inert may be applied in domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section.
(B) Dispersing agents shall not be applied to surface streams.
(C) Sinking agents shall not be applied to surface streams.
(D) Bioremediation agents may be applied to surface streams and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil.
(E) Surface washing agents:
1. surface washing agents that are inert may be applied to the shoreline of surface streams provided that the floating oil-agent mixture is collected and disposed of properly.
2. surface washing agents that are not inert may be applied to domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section.
(3) Bays and estuaries (from the mouth to the upstream boundary of the tidal prism);
(A) Collecting agents may be applied to bays and estuaries provided the floating oil-agent mixture is collected and disposed of properly;
(B) Dispersing agents:
1. shall not be applied to the shoreline of a bay or an estuary.
2. aside from 1. above, dispersing agents may only be applied in accordance with guidelines established in the “Quick Approval Process for Dispersant Use in Waters Off California” as developed by the California Department of Fish and Game and the National Oceanic and Atmospheric Administration, dated 4/14/97.
(C) Sinking agents shall not be applied to a bay or an estuary.
(D) Bioremediation agents may be applied to bays and estuaries and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil.
(E) Surface washing agents may be applied to the shoreline of bays and estuaries provided that the floating oil-agent mixture is collected and disposed of properly.
(4) Ocean waters:
(A) Collecting agents may be applied in ocean waters only if the floating oil-agent mixture is collected and disposed of properly.
(B) Dispersing agents:
1. shall not be applied to shoreline areas, including areas exposed during tidal action;
2. aside from 1. above, dispersing agents may only be applied in accordance with guidelines established in the “Quick Approval Process for Dispersant Use in Waters Off California” as developed by the California Department of Fish and Game and the National Oceanic and Atmospheric Administration, dated 4/14/97.
(C) Sinking agents shall not be applied in ocean waters.
(D) Bioremediation agents may be applied to ocean waters and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil.
(E) Surface washing agents may be applied to the shoreline of bays and estuaries provided that the floating oil-agent mixture is collected and disposed of properly.
(f) In addition to all other requirements of this section, an OSCA shall be used in accordance with the manufacturer's recommendations.
(g) Use of a licensed OSCA at variance with the provisions of this subchapter may be approved only by the Administrator or his/her designee.
NOTE

Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code; and 40 CFR Section 300.115.
HISTORY

1. New article 3 (sections 886.1-886.6) and section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Repealer of former section 886.1 and renumbering of former section 886.2 to new section 886.1, including amendment of section and Note, filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§886.2. Use of an OSCA Prior to Licensing.
Note     •     History

No OSCA shall be used prior to licensing unless exempt form the licensing requirements, or if used on an expedited testing basis. Expedited testing use shall be in accordance with the provisions of Article 2 of this subchapter.
NOTE

Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Renumbering of former section 886.2 to new section 886.1, and renumbering of former section 886.3 to new section 886.2, including amendment of section and Note, filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§886.3. OSCA Endorsement.
Note     •     History

Licensing or permission to use a particular type of OSCA shall not be considered an endorsement of any product by the Administrator or the Department of Fish and Game.
NOTE

Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Renumbering of former section 886.3 to new section 886.2, and renumbering of former section 886.6 to new section 886.3, including amendment of section and Note, filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§886.4. Penalties.
Note     •     History

Any person who knowingly, intentionally or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9, Government Code, beginning with Section 8670.57.
NOTE

Authority: Section 8670.13.1, Government Code. Reference: Article 9, beginning with Section 8670.57, Government Code.
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Repealer and new section filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§886.5. Experimental Use of an OSCA. [Repealed]
Note     •     History

NOTE

Authority: Sections 8670.13.1 and 8670.13.2, Government Code. Reference: Section 8670.13.2, Government Code; Section 13169, Water Code; and California Code of Regulations, Section 2335.
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Repealer filed 7-28-98; operative 8-27-98 (Register 98, No 31).
§886.6. OSCA Endorsement. [Renumbered]
Note     •     History

NOTE

Authority: Sections 8670.13.1 and 8670.13.2, Government Code. Reference: Section 8670.13.2, Government Code; Section 13169, Water Code; and California Code of Regulations, Section 2336.
HISTORY

1. New section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Renumbering of former section 886.6 to new section 886.3 filed 7-28-98; operative 8-27-98 (Register 98, No 31).
Division 1.5. Department of Forestry and Fire Protection*

* Formerly Division 2, Chapter 2, Division of Forestry.
Chapter 1. Department of Forestry and Fire Protection--Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Section 11344, that the printing of the regulations constituting the Conflict of Interest Code is impractical and these regulations being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations:

DEPARTMENT OF FORESTRY AND FIRE PROTECTION
1300 “U” STREET
SACRAMENTO, CA 95814

FAIR POLITICAL PRACTICES COMMISSION
1100 “K” STREET
SACRAMENTO, CA 95814

ARCHIVES
SECRETARY OF STATE
1020 “O” STREET
SACRAMENTO, CA 95814

The Conflict of Interest Code is designated as Chapter 1, Division 1.5 of Title 14 of the California Code of Regulations, and consists of sections numbered and titled as follows: 

Chapter 1. Department of Forestry and Fire Protection--Conflict of Interest Code

	Section
	890.	General Provisions
		Appendix
NOTE

Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300, et seq., Government Code.
HISTORY

1. New chapter 1 (articles 1-5; sections 800-804, not consecutive; Appendices A and B) filed 2-23-79; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 1-3-79 (Register 79, No. 9).
2. Repealer of chapter 1 (articles 1-5, sections 800-804 and Appendices A and B) and new chapter 1 (section 800 and Appendix) filed 4-8-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 15).
3. Change without regulatory effect renumbering section 800 to section 890 filed 8-9-93; operative 8-9-93 (Register 93, No. 33).
4. Amendment filed 12-7-93; operative 1-6-93.  Submitted to OAL for printing only.  Approved by Fair Political Practices Commission 9-21-93 (Register 93, No. 50).
5. Amendment of section and Appendix, including the incorporation of the conflict of interest code for the State Fire Marshal (former title 19, sections 2200-2208) into the conflict of interest code for the Department of Forestry and Fire Protection, filed 2-7-2001; operative 3-9-2001. Approved by Fair Political Practices Commission 12-1-2000  (Register 2001, No. 6).
6. Amendment of Appendix filed 1-17-2008; operative 2-16-2008. Approved by Fair Political Practices Commission 12-20-2007  (Register 2008, No. 3). 
Chapter 1.5. Timber Harvesting Plans
Article 1. General
NOTE

Authority cited: section 11152, Government code. Reference: sections 4511-4517; 4551; 4581-4592, Public Resources Code.
HISTORY

1. New Chapter 1.5 (Sections 891.1-897.1, not consecutive) filed 3-4-75 as an emergency; designated effective 3-5-75 (Register 75, No. 10).
2. Repealer of Chapter 1.5 (Sections 891.1-897.1, not consecutive and Appendix A) and new Chapter 1.5 (Sections 890-898) filed 7-2-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 27).
3. Repealer of Chapter 1.5 (Sections 890-898, not consecutive) filed 8-25-75 as an emergency; designated effective 9-1-75 (Register 75, No. 35).
4. Certificate of Compliance filed 10-9-75 (Register 75, No. 41).
5. Reprinting of NOTE and History inadvertently omitted during printing process (Register 80, No. 24).
6. Editorial correction (Register 80, No. 31).
Chapter 3.5. General Forest Policies for California
NOTE

Authority cited: Section 740, Public Resources Code. Reference: Sections 740 and 742, Public Resources Code.
HISTORY

1. New Chapter 3.5 (Article 1, Section 846) filed 6-17-80; effective thirtieth day thereafter (Register 80, No. 25).
2. Repealer of Chapter 3.5 (Section 846) filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
Chapter 4. Forest Practices*

*Formerly Subchapters 1, 2, 3, and 4.1 of Chapter 2,
Division 2, Title 14, Cal. Adm. Code.

CROSS REFERENCE TABLE NO. 1
Substantial reorganization of Chapter 4 occurred in Register 78, No. 20. The effective date of the revisions is July 6, 1978. For details concerning the information contained in certain sections prior to reorganization, refer to the following table.
When reference is made to a section of the Public Resources Code, the definition formerly contained within the text of regulations has been removed and can no longer be found in Division 1.5, Title 14, California Administrative Code. All sections not listed retain the numbers effective prior to July 6, 1978.

Former		       Refer to
Section		Section Number

912.1.	Basal Area Per Acre	 4528(a)PRC
912.2.	Commercial Species	
912 912.3.	Concentration	 912
912.4. 	Countable Tree	 4528(b) PRC
912.5.	Cutover Land	 4522.5 PRC
912.6. 	Diameter or d.b.h	 895.1
912.7. 	Erosion Hazard Rating	 912, 912.5
912.8. 	Fire Protection Zone	 912
912.9. 	Lake	 912
912.10. 	Landing	 4524 PRC
912.11. 	Logging Area	 895.1
912.12. 	Logging Road	 s895.1
912.13. 	Lopping	 912
912.14. 	Public Road	 895.1
912.15. 	Registered Professional Forester	 895.1
912.16. 	Seed Tree	 912
912.17. 	Site Classification	 4528(d) PRC
912.18. 	Skidding or Yarding	 895.1
912.19. 	Slash	 4525.7 PRC
912.20. 	Snag	 895.1
912.21. 	Southern Area of the Coast Forest District	 907.1
912.22. 	Special Treatment Areas	 895.1
912.23. 	Stocking Standards	 912.7
912.24. 	Stream	 895.1
912.24.1. 	Stream and Lake Protection Zone	 912
912.25. 	Stream and Lake Transition Line	 895.1
912.26. 	Tight-Lining	 895.1
912.27. 	Timberland	 4526 PRC
912.28. 	Timber Operations	 4527 PRC
912.29. 	Timber Operator	 4526.5 PRC
912.30. 	Timber Owner	 4527.5 PRC
912.31. 	Tractor Roads and Skid Trails	 912
912.32. 	Waterbreak	 912
912.33. 	Wet Meadows and Other Wet Areas	 912
932.1. 	Basal Area Per Acre	 4528(a) PRC
932.2. 	Commercial Species	 932
932.3. 	Countable Tree	 4528(b) PRC
932.4. 	Diameter or d.b.h	 895.1
932.6. 	Fire Protection Zone	 932
932.7. 	Fuelbreak	 4528(e) PRC
932.8. 	Lake	 932
932.9. 	Logging Area	 932
932.10. 	Logging Road	 895.1
932.11. 	Lopping	 932
932.12. 	Meadows and Wet Areas	 932
93213. 	Public Road	 895.1
932.14. 	Registered Professional Forester	 895.1
932.15. 	Seed Tree	 932
932.16. 	Site Classification	 4528(d) PRC
932.17. 	Slash	 4525.7 PRC

Former		       Refer to
Section		Section Number

932.18. 	Snag	 895.1
932.19. 	Special Treatment Areas	 895.1
932.20. 	Stocking Standard	 932.7
932.21. 	Stream	 895.1
932.22. 	Stream or Lake Protection Zone	 932
932.23. 	Stream or Lake Transition Line	 895.1
932.24. 	Tight-Lining	 895.1
932.25. 	Timber Harvesting Plan	 4582PRC
932.26. 	Timberland	 4526 PRC
932.27. 	Timber Operations	 4527 PRC
932.28.	Timber Operator	 4526.5 PRC
932.29. 	Timber Owner	 4527.5 PRC
932.30. 	Tractor Roads and Skid Trails	 932
932.31. 	Waterbreak	 932
952.1. 	Basal Area Per Acre	 4528(a) PRC
952.2. 	Commercial Species	 952
952.3. 	Commercial Timberland	 952
952.4. 	Countable Tree	 4528(b) PRC
952.5.	Diameter or d. b. h.	 895.1
952.6. 	Erosion Potential	 952.5
952.7. 	Fire Protection Zone	 952
952.8. 	Fuelbreak	 4528(e) PRC
952.9. 	Lake	 952
952.10. 	Landing	 895.1
952.11. 	Logging Area	 952
952.12. 	Logging Road	 895.1
952.13. 	Lopping	 952
952.14. 	Meadows and Wet Areas	 952
952.15. 	Public Road	 895.1
952.16.	Registered Professional Forester	 895.1

952.17. 	Reproduction	 952
952.18. 	Seed Tree	 952
952.19. 	Site Classification	 4528(d) PRC
952.20. 	Slash	 4525.7 PRC
952.21. 	Snag	 895.1
952.22. 	Special Treatment Areas	 895.1
952.23. 	Stocking Standards	 952.7
952.24. 	Stream	 952
952.25. 	Stream and Lake Protection Zone	 952
952.26. 	Stream and Lake Transition Line	 895.1
952.27(a).	Subdistricts	 909.1
952.27(b).	Subdistricts	 909.2
952.28. 	Tight-Lining	 895.1
952.29. 	Timberland	 4526 PRC
952.30. 	Timber Operations	 4527 PRC
952.31. 	Timber Operator	 4526.5 PRC
952.32. 	Timber Owner	 4527.5 PRC
952.33. 	Tractor Roads and Skid Trails	 952
952.34. 	Waterbreak	 952
1000. 	Forest Districts	 906
1002. 	Coast Forest District	 907
1003. 	Northern Forest District	 908
1004. 	Southern Forest District	 909
1028. 	Reapplication for Licenses	 Repealed
1110.3. 	Conversion Permit Within TPZ Not Required	 1110.2

CROSS REFERENCE TABLE NO. 2
Substantial reorganization of Chapter 9 occurred in Register 78, No. 31. The effective date of the revisions is September 2, 1978. For details concerning the information contained in certain sections prior to reorganization, refer to the following table.

Former Section	New Section
1400	 none
1401	 1400.5
1402	 1400.5
1403	 1400.5
1404	 1400.5
1405	 1400.5
1406	 1400.5
1407	 1400.5
1420	 1401
1421	 1402
1422	 1410
1423	 1411
1424	 1403
1425	 1412
1426	 1413
1427	 1414
1428	 1404
1429	 1415
1430	 1405
1431	 1406
1432	 1416
1433	 1417
1434	 1418
1435	 1419
1436	 1420
1437	 1421
1438	 1422
1439	 1423
1440	 1424
1441	 1425
1442	 1430
1443	 1431
1444	 1432
1445	 1433
1446	 1426
1448	 1435
1449	 1436
1450	 1437
1451	 1438
1452	 1439

TABLE FOR AUTHORITY AND REFERENCE*
All sections cited herein are in the Public Resources Code unless specifically noted otherwise.

*NOTE: This table is accurate to Register 79, No. 9 (3-3-79).

CHAPTER 4

Subchapter 1

Section	Authorities	References
895	4551
895.1	4551

Subchapter 2

Section	Authorities	References
896	4551	4512, 4513
897	4551	4512, 4513
898	4551, 4582(h)	4583
898.1	4582	4555, 4582.7
		4582.75
898.2	4582	4555, 4582.7
		4582.75
900	4551	4552, 4555
901	4551	4555
902	4551	4555
902.1	4551	4555
902.2	4551	745, 4555
902.3	4551	745, 4555
903	4551	4555
903.1	4551	4555
903.2	4551	4555

Subchapter 3

Section	Authorities	Reference
906	4551	4531
907	4551	4531
907.1	4551	4531
908	4551	4531
909	4551	4531
909.1	4551	4531
909.2	4551	4531

Subchapter 4

Section	Authorities	Reference

911	4551	4512, 4513,
		4531, 4551.5
912	4551 
912.5	4551, 4562.5	4562.5
912.7	4551, 4561	4561
913	4551, 4561	4551.5, 4561
913.1	4551, 4561	4561
913.2	4551, 4561	4561
913.3	4551, 4561	4561
913.4	4551, 4561	4561
913.5	4551, 4561	4561
913.6	4551, 4561	4561
913.7	4551, 4561	4561, 4582(f)
913.8	4551, 4561	4561, 4561.3
913.9	4551, 4561	4561, 4561.1
913.10	4551	4584
913.11	4551	4561
914	4551	4512, 4513,
		4551.5
914.1	4551	4551.5
914.2	4551	4551.5
914.3	4551
914.4	4551	4551.5
914.5	4551	4551.5
914.6	4551	4551.5, 4562.7
914.7	4551	4551.5, 4562.7
915	4551, 4562.5	4562.5
915.1	4551, 4562.5	4562.5, 4562.7
915.2	4551, 4562.5	4562.5, 4562.7
915.3	4551, 4562.5	4562.5
915.4	4551, 4562.5	4562.5
915.5	4551, 4562.5	4562.5, 4562.7
915.6	4551, 4562.5	4562.5
915.7	4551, 4562.5	4562.5
915.8	4551, 4562.5	4562.5
915.9	4551, 4562.5	4562.5
916	4551, 4562.7	4551.5, 4562.7
916.1	4551, 4562.7	4562.7
916.2	4551, 4562.7	4562.7
916.3	4551, 4562.7	4562.5, 4562.7

Section	Authorities	Reference

916.4	4551, 4562.7	4562.5, 4562.7
916.5	4551, 4562.7	4562.7
916.6	4551, 4562.7	4562.7
916.7	4551, 4562.7	4562.7
916.8	4551, 4562.7	4562.7
916.9	4551, 4562.7	4562.7
916.10	4551, 4562.7	4562.7
916.11	4551, 4562.7	4562.7
917	4551, 4562	4551.5, 4562
917.1	4551, 4562	4562, 4562.7
917.2	4551, 4562	4562
917.3	4551, 4562	4562
917.4	4551, 4562	4562
917.5	4551, 4562	4562
917.6	4551, 4562	4562
917.7	4551, 4562	4562
917.8	4551, 4562	4562
917.9	4551, 4562	4562
918	4551, 4562	4551.5, 4562
918.1	4551, 4562	4562, 4582
918.2	4551, 4562	4562, 4582
918.3	4551, 4562	4562, 4582
918.4	4551, 4562	4562, 4582
918.5	4551, 4562	4562, 4582
918.6	4551, 4562	4562, 4582
918.7	4551, 4562	4562, 4582
918.8	4551, 4562	4562, 4582
918.9	4551, 4562	4562, 4582
918.10	4551, 4562	4562
919	4551, 4561	4551.5, 4561.6,
		4714, 4716
919.1	4551, 45614	714, 4716
919.2	4551, 4561	4714, 4716,
		4717
920	4551	4583
921	4551, 30417	4551.5, 4582
921.1	4551	4582
921.2	4551	4584, 4551.5
921.3	4551, 4561	4561
921.4	4551, 4561	4561, 4561.6
921.5	4551, 4562.5	4562.5, 4562.7
921.6	4551, 4562	4562
921.7	4551, 4562.7	4562.7
921.8	4551, 4561	4561

Subchapter 5

Section	Authorities	Reference

931	4551 	4512, 4513,
		4531, 4551.5
932	4551 	--
932.5	4551, 4562.5	4562.5
932.7	4551, 4561	4561
933	4551, 4561 	4561, 4551.5
933.1	4551, 4561	4561
933.2	4551, 4561	4561
933.3	4551, 4561	4561
933.4	4551, 4561	4561
933.5	4551, 4561	4561
933.6	4551, 4561	4561
933.7	4551, 4561	4582
933.8	4551 	4587, 4590
33.9	4551 	4584
934	4551 	4512, 4513,
		4551.5
934.1 	4551 	4551.5
934.2	4551 	4551.5
934.3	4551 	4551.5
934.4	4551 	4551.5
934.5	4551 	4551.5
934.6	4551 	4551.5, 4562.7
935	4551, 4562.5 	4551.5, 4562.5
935.1	4551, 4562.5	4551.5, 4562.5
935.2	4551, 4562.5	4551.5, 4562.5
935.3	4551, 4562.5	4562.5
935.4 	4551, 4562.5	4562.5, 4562.7
935.5	4551, 4562.5	4562.5
935.6	4551, 4562.5	4562.5
936	4551, 4562.7 	4512, 4513,
		4551.5
936.1	4551, 4562.7	4551.5, 4562.5
		4562.7
936.2	4551, 4562.7	4562.7
936.3	4551, 4562.7	4551.5, 4562.7
936.4	4551, 4562.7	4562.7

Section	Authorities	Reference

936.5 	4551, 4562.7	4562.7
936.6	4551, 4562.7	4562.7
936.7	4551, 4562.7	4562.7
936.8	4551, 4562.7	4562.7
936.9	4551, 4562.7	4562.7
936.10	4551, 4562.7	4562.7
936.11	4551, 4562.7	4551.5, 4562.7
937	4551 	4551.5, 4562
937.1	4551 	4551.5, 4562,
		4562.7
937.2	4551 	4562, 4562.7
	4551 	4562, 4562.7
937.4	4551 	4562
938	4551, 4562 	4551.5, 4562
938.1	4551, 4562	4562, 4582
938.2	4551, 4562	4562, 4582
938.3	4551, 4562	4562, 4562.7,
		4582
938.4	4551, 4562	4562, 4582
938.5	4551, 4562	4562, 4582
938.6	4551, 4562	4562, 4582
938.7	4551, 4562	4562, 4582
938.8	4551, 4562	4562, 4582
938.9	4551, 4562	4562
939	4551, 4561 	4551.5, 4561.6,
		4714, 4716
939.1	4551, 4561	4714, 4716
939.2	4551, 4561	4714, 4716,
		4717
940	4551 	4583 

Subchapter 6 

Section	Authorities	Reference

951	4551 	4512, 4513,
		4531, 4551.5
952	4551 	--
952.5	4551, 4562.5	4562.5
952.7	4551, 4561	4561
953	4551, 4561 	4551.5, 4561
953.1	4551, 4561	4561
953.2	4551, 4561	4561
953.3	4551, 4561	4561
953.4	4551, 4561	4561
953.5	4551, 4561	4561
953.6	4551, 4561	4561
953.7	4551, 4561	4582
953.8	4551, 4561	4561
953.9	4551, 4561	4561, 4562.7
953.10	4551, 4561	4551.5, 4561
953.11	451, 4561 	4561, 4561.6
953.12	4551, 4561	4561, 4587
953.13	4551, 4561	4584
954	4551 	4551.5
954.1	4551 	4551.5
954.2	4551 	4551.5
954.3	4551 	4551.5
954.4	4551 	4551.5
954.5	4551 	4551.5
954.6	4551 	4551.5
954.7	4551 	4551.5
954.8	4551 	4551.5, 4562.7
954.9	4551 	4551.5, 4562.7
955	4551, 4562.5 	4551.5, 4562.5
955.1	4551, 4562.5	4551.5, 4562.5,
		4562.7
955.2	4551, 4562.5	4551.5, 4562.5,
		4562.7
956	4551, 4562.7 	4551.5, 4562.5,
		4562.7  
956.1	4551, 4562.7	4551.5, 4562.5,
		4562.7
956.2	4551, 4562.7	4551.5, 4562.5,
		4562.7
957 	4551, 4562 	4562, 4551.5
957.1	4551, 4562	4562, 4562.7
957.2	4551, 4562	4551.5, 4562
957.3	4551, 4562	4562
957.4	4551, 4562	4562
957.5	4551, 4562	4562
957.6	4551, 4562	4562, 4562.7
958	4551, 4562 	4551.5, 4562
958.1	4551, 4562	4562, 4582

Section	Authorities	Reference

958.2	4551, 4562	4562, 4582
958.3	4551, 4562	4562, 4583

958.4	4551, 4562	4562, 4583
958.5	4551, 4562	4562, 4583
958.6	4551, 4562	4562, 4582
958.7	4551, 4562	4562, 4583
958.8	4551, 4562	4562, 4583
958.9	4551, 4562	4562
958.10	4551, 4562	4562, 4583

959	4551 	4551.5, 4714,
		4561.6
959.1	4551 	4551.5, 4716,
		4714
959.2	4551 	4551.5, 4717,
		4714
960	4551 	4583
961	4551, 30417 	4551.5, 4582
961.1	4551 	4582
961.2	4551 	4551.5, 4584
961.3	4551, 4561	4561
961.4	4551, 4561	4561.6
961.5	4551 	4562.5,4562.7
961.6	4551 	4562
961.7	4551 	4562.7
961.8	4551 	4561 

Subchapter 7 

Section	Authorities	References
1020	4551, 4572 	4571, 4577
1021	4551, 4572 	4526, 4572
1022	4551, 4572 	4572
1022.1	4551, 4572	4574
1023	4551, 4572 	4574
1023.1	4551, 4572	4574, 4575
1024	4551, 4572 	4572
1025	4551, 4572 	4572
1026	4551, 4572 	4574
1027	4551, 4572 	4573
1027.1	4551, 4572	4573
1027.2	4551, 4572	4574
1029	4551, 4572 	4572
1030	4551, 4572 	4572
1032	4551, 4552 	4581
1033	4551, 4552 	4582, 4583
1034	4551, 4552 	4527, 4582,
		4583
1034.1	4551, 4552	4582
1034.2	4551, 4552	4582.7, 4582.75
1035	4551, 4552 	4583.2, 4583.5
1036	4551, 4591.1 	4583.2
1037	4551, 4552 	4582.7
1037.1	4551, 4552	4582.4
1037.2	4551, 4552	4582.4
1037.3	4551, 4552	4582.6, 4582.7
1037.4	4551, 4552	4582.7
1037.5	4551, 4552	4582.7
1037.6	4551, 4552	4582.7, 4582.75
1037.7	4551, 4552	4582.7
1037.8	4551, 4552	4582.7
1038	4551, 4552 	4584
1039	4551, 4552 	4591
1039.1	4551, 4552	4582.7, 4590,
		4591
1040	4551, 4591.1 	4583.2, 4591.1
1041	4551, 4552 	4582.5
1042	4551, 4552 	4582
1043	4551, 4552 	4583
1044	4551, 4552 	4583
1045	4551, 4552 	4582
1050	4551, 4552 	4592
1051	4551, 4552 	4592
1052	4551, 4552 	4592
1053	4551, 4552 	4582.7, 4582.75
1054	4551, 4552 	4582.7, 4582.75
1055	4551, 4552 	4582.7, 4582.75
1055.2	4551, 4552	4582.7, 4582.75
1055.4	4551, 4552 	4582.7
1056	4551, 4552 	4582.7
1056.2	4551, 4552	4582.7
1057	4551, 4552 	4582.7
1058	4551, 4552 	4582.7
1059	4551, 4552 	4582.7, 4592.75
1060	4551, 4552 	4528(d)

Section	Authorities	Reference

1070	4551, 4561 	4587
1071	4551, 4561 	4561, 4587

1072	4551, 4552 	4583, 4587
1072.1	4551, 4561	4587
1072.2	4551, 4561	4587
1072.3	4551, 4561	4587
1072.4	4551, 4561	4587
1072.5	4551, 4561	4587
1072.6	4551, 4561	4587
1072.7	4551, 4561	4587
1072.8	4551, 4561	4587

1073	4551, 4561 	4587
1074	4551, 4561 	4587
1075	4551, 4561 	4587
1076	4551, 4561 	4587
1080	4551, 4561 	4561, 4561.3
1081	4551, 4561 	4583, 4587,
		4588
1081.1	4551, 4561	4561, 4561.5
1085	4551, 4561 	4561.6
1085.1	4551, 4561	4561.6
1085.2	4551, 4561	4561.6
105.3	4551, 4561	4561.6
1085.4	4551, 4561	4561.6
1085.5	4551, 4561	4561.6, 4587
1085.6	4551, 4561	4561.6
1100	4621 	4512, 4513
1100.	14621 	4582.6; 
		Government
		Code 6252, 4627;
1101	4621, 4527 	Government
		Code 51133
1102	4621	-------
1103	4621, 4627 	4621
1103.1	4621 4521, 	4621, 4623
1103.2	4621 	4621, 4623
1103.5	4621 	4581, 4582
1103.7	4621 	30243
1104	4621 	4623
1104.3	4621 	4621.2(d)
1105	4621 	4624.5, 4626
1106	4621 	4621.2, 4622,
		4623
1106.6	4621, 21082	21080.1, 21080.5
1107	4621 	4621.2, 4625,
		21081
1107.1	4621 	4621.2, 4624,
		4624.5, 21081
1107.2	4621 	4621.2, 4624.5,
		4626
1107.3	4621 	4621.2, 4622
1107.4	4621 	4622
1108	4621 	4561, 4563,
		4622
1109	4621 	4622, 4581
1110	4621 	4622
1110.1	4621 	4621.2, 4622;
		Government
		Code 51133
1110.2	4621 	4621.2
1111	4621 	4621.2;
		Government
		Code 51110,
		51112, 51134
1111.2	4621 	4621.2
1111.4	4621 	4621.2
1111.6	4621 	4621.2
1111.8	4621 	4621.2
1112	4621 	4621.2, 30243 

CHAPTER 6 

Section	Authorities	Reference
1290	4253 	4251, 4252, 4256
1202	4253 	4251, 4253
1203	4253 	4251, 4253
1203.1	4253 	4251, 4253
1203.2	4253 	4251, 4253
1203.3	4253 	4251, 4253
1203.4	4253 	4251, 4253
1203.5	4253 	4251, 4253
1203.6	4253 	4251, 4253
1203.7	4253 	4251, 4253
1203.8	4253 	4251, 4253
1204	4253 	4251, 4253
1204.1	4253 	4251, 4253

Section	Authorities	Reference

1204.2	4253 	4251, 4253
1204.3	4253 	4251, 4253

1204.4	4253 	4251, 4253
1204.5	4253 	4251, 4253
1204.6	4253 	4251, 4253
1204.7	4253 	4251, 4253
1204.8	4253 	4251, 4253
1204.9	4253 	4251, 4253
1204.10	4253 	4251, 4253
1205 	4253 	4251, 4253
1205.1	4253 	4251, 4253

1205.2	4253 	4251, 4253
1205.3	4253 	4251, 4253
1205.4	4253 	4251, 4253
1205.5	4253 	4251, 4253
1205.6	4253 	4251, 4253
1206	4253 	4251, 4253
1207	4253 	4251, 4253
		4254, 4256,
		4257 

CHAPTER 7 

Section	Authorities	Reference
1220	4111 	4102
1220.1	4111 	4125, 4126,
		4127
1220.2	4111 	4125, 4126,
		4127
1220.3	4111 	4102, 4125, 4128
1220.4	4111 	745
1220.5	4111 	4125, 4126,
		4127
1230	4111 	4114, 4431
1231	4111 	4114, 4431
1232	4111 	4114, 4431
1233	4111 	4114, 4431
1234	4111 	4114, 4431
1235	4111 	4114, 4431
1240	4111 	4114, 4431,
		4443
1241	4111 	4114, 4431,
		4443
1241.1	4111 	4114, 4431,
		4443
1241.2	4111 	4114, 4431,
		4443
1242	4111 	4114, 4431,
		4443
1242.1	4111 	4114, 4431,
		4443
1250	4111 	4125, 4292,
		4293
1251	4111 	4125, 4292,
		4293
1252	4111 	4125, 4292,
		4293
1253	4111 	4125, 4292,
		4293
1254	4111 	4125, 4292,
		4293
1255 	4111 	4125, 4292,
		4293
1256	4111 	4125, 4292,
		4293
1257	4111 	4125, 4292,
		4293
1258	4111 	4125, 4292,
		4293 

CHAPTER 8 

Section	Authorities	Reference

1300	4438 	4437, 4440,
		4441
1302	4438 	4437, 4440,
		4441
1308	4438
1308.1	4438 	4437, 4440,
		4441
1311	4438 	4437, 4438,
		4440, 4441
1312	4438	4437, 4438,
		4441
1313 	4438 	4438, 4440,
		4441

Section	Authorities	Reference

1314	4438 	4438, 4440,
		4441
1318	4438 	4437, 4440,
		4441
1321	4438 	4437, 4440,
		4441
1322	4438 	4437, 4440,
		4441
1330	4438 	4114, 4437,
		4440, 4441
1332	4438 	4291, 4437,
		4440, 4441
Section	Authorities	Reference
1335	4438 	4114, 4437,
		4440, 4441
1336	4438 	4117, 4437,
		4440, 4441 

CHAPTER 9 
Subchapter 1 

Section	Authorities	Reference
1400	4656.1 	4635
1400.5	4656.1 	4635
1401	4656.1 	4432, 4433,
		4646
1402	4656.1 	4432, 4646
1403	4656.1 	4432, 4646
1404	4656.1 	4432, 4646
1405	4656.1 	4432, 4646
1406	4656.1 	4432, 4646,
		4656.2
1410 	4656.1 	4171, 4173
1411	4656.1 	4173, 4646,
		4656.2
1412	4656.1 	4432, 4646
1413	4656.1 	4432, 4646
1414	4656.1 	4432, 4656.2
1415	4656.1 	4646, 4651,
		4656.2
1416	4656.1 	4646, 4651,
		4656.2
1417	4656.1 	4646, 4651,
		4656.2
1418	4656.1 	4646, 4651,
		4656.2
1419	4656.1 	4646, 4651,
		4656.2
1420	4656.1 	4646, 4651,
		4656.2
1421	4656.1 	4646, 4651,
		4656.2
1422	4656.1 	4646, 4651,
		4656.2
1423	4656.1 	4646, 4651
1424	4656.1 	4646, 4651
1425	4656.1 	4646, 4651,
		4656.2
1426	4656.1 	4646, 4651,
		4656.2
1430	4656.1 	4646, 4651
		4656.2
1431	4656.1 	4646, 4651,
		4656.2
1432	4656.1 	4646, 4651,
		4656.2
1433	4656.1 	4646, 4651,
		4656.2
1435	4656.1 	4173, 4253
1436	4656.1 	4173, 4253
1437	4656.1 	4173, 4255
1438	4656.1 	4173, 4651, 4645
1439	4656.1 	4173, 4651,
		4645 

Subchapter 3 

Section	Authorities	Reference
1500	4656 	4639, 4645
1501	4656 	4656.2, 4645
1502	4656 	4645, 4656.2
1503	4656 	6924, 4645,
		4656.2 

Subchapter 4 

Section	Authorities	Reference
1510	4656.1 	4656, 4651
1511	4656.1 	4635
1515	4656.1 	4656, 4651
1516	4656.1 	4656, 4651
1517	4656.1 	4656, 4651
1518	4656.1 	4656, 4651
1519	4656.1 	4656, 4651
1520	4656.1 	4656, 4651
1521	4656.1 	4656, 4651 

CHAPTER 10 

Section	Authorities 	Reference
1601	759 	761
1602	759 	761
1603	759
1604	759
1605	759 	766
1605.1	759 	766
1606	759 	751, 763
1607	759 	769
1608	759 	767
1609	759 	773
1610	759 	767, 773
1611	759 	775
1612	759 	736
1613	759 	751
1614	759 	767
1615	759 	766
1616	759 	766, 767, 768 
1617	759 	763, 775, 777 
1620	759 	767, 772
1620.1	759 	767, 772
1620.2	759 	767, 772
1620.3	759 	767, 772
1620.4	759 	767, 772
1621	759 	769
1622	759 	768, 769
1622.1	759 	768, 769
1623	759 	768, 769
1623.1	759 	768, 769
1623.2	759 	768, 769
1624	759 	769, 774
1624.1	759 	768, 769, 774
1624.2	759 	763
1624.3	759 	763
1624.4	759 	769, 763, 770
1624.5	759 	769, 770, 772
1625.6	759 	769, 770
1625	759 	763, 765
1626	759 	769, 772
1627	759 	763, 770
1628	759 	769, 768
1640	759 	769, 770
1640.1	759 	767, 770
1640.2	759 	763, 769, 770
1641	759 	770
1624	759 	763, 770
1643	759 	770
1644	759 	770
1645	759 	765, 769
1650	759 	769, 772 

CHAPTER 11 

Section	Authorities	References
1655	736, 4551 	740, 4552, 4553,
		4582.7, 21080.5 
Subchapter 1. Abbreviations and Definitions*

*Regulations adopted by Board of Forestry.
Article 1. Abbreviations and Definitions
§895. Abbreviations Applicable Throughout Chapter.
Note     •     History

The following abbreviations are applicable throughout this chapter:

B & M	Baseline and Meridian reference lines running in true EW 	 and NS directions used in U.S. General Land Survey 
CAA	Confidential Archaeological Addendum
CAL	Confidential Archaeological Letter
CAL 
  FIRE	California Department of Forestry and Fire Protection
CCR	California Code of Regulations 
CDF	California Department of Forestry and Fire Protection or
 	 CAL FIRE
CEQA	California Environmental Quality Act (PRC §21000
	et seq.) 
cm	Centimeter(s) 
CMZ	Channel Migration Zone
d.b.h.	The average diameter of a tree measured outside bark, at 	 breast height, a point 4.5 feet (1.37m) above the average 	 ground level 
def.	Definition 
DFG	California Department of Fish and Game 
E	true cardinal direction East 
EIR	Environmental Impact Report as defined in Public 
	 Resources Code Section 21061 
F&GC	Fish and Game Code 
FPA	Z'berg-Nejedly Forest Practice Act of 1973 and 
	 amendments thereto (Public Resources Code Section 	 	 4511 et seq.) 
ft.	foot or feet 
Gov. C.	Government Code 
H	Humboldt (used in combination with B & M) 
ha.	hectare(s) 
HCP	Habitat Conservation Plan 
in.	inch or inches 
LTO	Licensed Timber Operator
m	Meter or metres 
MD	Mount Diablo (used in combination with B & M) 
MTHP	Modified Timber Harvest Plan
MTHP-
  FHR 	Modified Timber Harvesting Plan for Fuel Hazard 
	 Reduction 
N	true cardinal direction North 
NAHC	Native American Heritage Commission
NMFS	National Marine Fisheries Service 
NTMP	means Nonindustrial Timber Management Plan
PRC	Public Resources Code 
PTEIR	means Program Timberland Environmental Impact 
	 Report.
PTHP	means Program Timber Harvesting Plan
QMD	Quadratic Mean Diameter
R	Range: a row of townships, six miles in width, between two 	 successive meridian lines of the U.S. General Land 
	 Survey 
ref.	Refer, reference 
RMP	Road Management Plan
RPF	Registered Professional Forester 
RWQCB	Regional Water Quality Control Board
S	true cardinal direction South 
SB	San Bernardino (used in combination with B & M) 
Sec.	Section 
SOD	Sudden Oak Death
SOE	Spotted Owl Expert
T	Township: a tier of ranges, six miles in length between two 	 successive standard parallels as used in the U.S. 
	 General Land Survey 
THP	Timber Harvesting Plan 
TPZ	Timberland preserve zone (Ref. Government Code 
	 Section 51100(g).) 
TRPA	Tahoe Regional Planning Agency
USGS	United States Geological Survey
W	true cardinal direction West.
WHR	California Wildlife Habitat Relationships System
WLPZ	Watercourse and Lake Protection Zone
WTL	Watercourse Transition Line
NOTE

Authority cited: Sections 4551, 4551.5, 4554.5, 4555 and 21082, Public Resources Code. Reference: Sections 4511, 4512, 4513, 4521.3, 4522, 4522.5, 4523-4525, 4525.3, 4525.5, 4525.7, 4526, 4526.5, 4527, 4527.5, 4528, 4551, 4551.5, 4552, 4582, 4750, 4750.3, 4750.4 and 21080.5, Public Resources Code.
HISTORY

1. New subchapter 1 (sections 895 and 895.1) filed 1-20-78 as an emergency; effective upon filing. Certificate of Compliance included (Register 78, No. 3).
2. Redesignation from chapter 2 (sections 895-1112, not consecutive) to chapter 4 (sections 895-1112, not consecutive) filed 5-19-78 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20).
3. Amendment of NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
4. Change without regulatory effect filed 5-24-89 (Register 89, No. 23).
5. New provision on “WLPZ” filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
6. Amendment of section adding “NTMP” filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
7. Amendment adding definitions of “LTO,” “MTHP” and NAHC” filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
8. Amendment adding definitions of “PTEIR” and “PTHP” and amendment of Note filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
9. Amendment adding definitions “CAA,” “CAL,” and “USGS” filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
10. Amendment adding definition of ``RWQCB” filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 7).  
11. Editorial correction of History 10 (Register 2000, No. 22).
12. Amendment adding definitions of “CDF,” “DFG,” “HCP” and “NMFS” filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
13. New abbreviation for ``Interim Watershed Mitigation Addendum” filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
14. Change without regulatory effect repealing abbreviation for “Interim Watershed Mitigation Addendum” filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
15. New abbreviation for “California Wildlife Habitat Relationships System” filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
16. New abbreviation for “Tahoe Regional Planning Agency” filed 6-21-2005 as an emergency; operative 6-21-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-19-2005 or emergency language will be repealed by operation of law on the following day.
17. New abbreviation for “Tahoe Regional Planning Agency” refiled 10-13-2005 as an emergency; operative 10-13-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-10-2006 or emergency language will be repealed by operation of law on the following day.
18. New abbreviation for “Tahoe Regional Planning Agency” refiled 2-10-2006 as an emergency; operative 2-10-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-12-2006 or emergency language will be repealed by operation of law on the following day.
19. Reinstatement of section as it existed prior to 2-10-2006 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 24).
20. New abbreviation for “Tahoe Regional Planning Agency” refiled 6-16-2006 as an emergency; operative 6-16-2006 (Register 2006, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-16-2006 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 6-16-2006 order transmitted to OAL 9-7-2006 and filed 10-11-2006 (Register 2006, No. 41).
22. New abbreviation for “California Department of Forestry and Fire Protection” filed 7-9-2007 as an emergency; operative 7-9-2007 (Register 2007, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-7-2008 or emergency language will be repealed by operation of law on the following day.
23. New abbreviation for “Road Management Plan” filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
24. Change without regulatory effect amending definitions of “CDF” and “CEQA” filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
25. New abbreviation for Spotted Owl Expert (“SOE”) filed 11-25-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.4 (Register 2009, No. 48).
26. New abbreviations of Channel Migration Zone (“CMZ”), Quadradic Mean Diameter (“QMD”) and Watercourse Transition Line (“WTL”) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
27. Repeal of 7-9-2007 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 6).
28. New abbreviations for “California Department of Forestry and Fire Protection” and “Sudden Oak Death” and amendment of Note filed 2-7-2011 as an emergency; operative 2-7-2011 (Register 2011, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2011 or emergency language will be repealed by operation of law on the following day.
29. Editorial correction of History 28 (Register 2011, No. 20). 
30. New abbreviation of “Modified Timber Harvesting Plan for Fuel Hazard Reduction” (“MTHP-FHR”) filed 8-3-2011; operative 1-1-2012 pursuant to Public Resources Code section 4554.5 (Register 2011, No. 31).
31. New abbreviations for “California Department of Forestry and Fire Protection” and “Sudden Oak Death” and amendment of Note refiled 8-8-2011 as an emergency; operative 8-8-2011 (Register 2011, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2011 or emergency language will be repealed by operation of law on the following day.
§895.1. Definitions.
Note     •     History

The definitions contained in the Z'berg-Nejedly Forest Practice Act of 1973 as amended (commencing with PRC §4511) shall apply to this chapter, as well as the following definitions, unless the context clearly requires otherwise.

			PRC Sec.
	Defined word or phrase		Containing
			Ref. Def.

“Abandonment” means leaving a logging road reasonably impassable to standard production four wheel drive highway vehicles, and leaving a logging road and landings, in a condition which provides for long-term functioning of erosion controls with little or no continuing maintenance.

“Act” means the Z'berg-Nejedly Forest Practice Act of 1973 as currently amended. (Commencing with section 4511 of the Public Resources Code.) 	4511

“Active nest” means a bird nest site at which breeding efforts have recently occurred as determined by the Department of Fish and Game, as specified below:

For the Great blue heron, Great egret, recently means within the last two years.

For the Golden eagle, Osprey, Goshawk, recently means within the last three years.

For the Bald eagle and Peregrine falcon, recently means within the last five years.

Nests that have not been used within this time period are considered abandoned.

“Activity Center” means a known northern spotted owl site documented from detections, pursuant to the USFWS document “Protocol For Surveying Proposed Management Activities That May Impact Northern Spotted Owls” revised March 17, 1992. 

(a) An activity center is established by: 

(1) Resident Single Status is established by: 

(A) The presence or response of a single owl within the same general area on three or more occasions within a breeding season, with no response by an owl of the opposite sex after a complete survey; 

(B) Multiple responses over several years (i.e., two responses in year one and one response in year 2, from the same general area). 

(2) Pair Status Unknown is where the presence or response of two birds of the opposite sex is detected but pair status cannot be determined and where at least one member must meet the resident single requirements. 

(3) Pair Status wherein a male and female are heard and/or observed (either initially or through their movement) in proximity (less than one-quarter mile apart) to each other on the same visit; or a male takes a mouse to a female; or a female is detected on the nest; or one or both adults are observed with young. 

(4) Unoccupied Status where no responses have been obtained from a previously identified northern spotted owl activity center after 3 years of survey, barring other evidence to the contrary. 

An activity center with unoccupied status will not be considered an activity center when it has been evaluated and a determination made by the Director. The determination shall be based upon available information on survey history, habitat conditions within the home range, and changes to habitat that may have occurred since the northern spotted owl site was first identified. 

“Adequate Site Occupancy” means the range of stocking levels which provide a balance between the largest number of trees per acre capable of maximum individual tree growth on future crop trees and maximum overall stand growth. This balance is achieved when stocking levels are within Zones 2 and 3 of the Langsaeter curve, as shown in “The Practice of Silviculture”, by David Smith (1962).

“Alternative prescription” means a written analysis of preharvest and postharvest timber stand conditions and a description of the silvicultural practices and systems to be used in lieu of the standard methods.

“Approved and legally permitted structure” means, for the purposes of 14 CCR 1038(d), only structures that are designed for human occupancy and garages, barns, stables, and structures used to enclose fuel tanks.

“Archaeological Coverage Map” means the map or maps required as part of a Confidential Archaeological Addendum or a Confidential Archaeological Letter pursuant to 14 CCR §§ 929.1 [949.1, 969.1](c)(9) and 1052(a)(10). The map(s) shall contain a north arrow, a scale, and accurately display the project boundary, the site survey area showing survey intensity(ies), and specific location of all archaeological and historical sites identified within the site survey area. The map(s) must be on a 1:1 scale copy of a USGS 7.5'quadrangle(s), or digitally generated topographical equivalent. Additional maps at other scales may be required to more accurately display required information or increase clarity.

Average Severe Fire Weather Conditions [Effective until 1-1-2006.]: Atmospheric and fuel conditions where fuel moisture content (dry weight basis) of 1-hour timelag fuels is three percent, 10-hour fuels is four percent and 100-hour fuels is five percent, and live surface fuels is 70 percent. Mid-flame wind speed is seven miles per hour or greater, when measured in a closed forest canopy (40 percent canopy cover or greater).

“Average slope” means the arithmetic average of a sample of slopes taken systematically over the area to which the average is to be applied.

“Bankfull stage” means the stage that occurs when discharge fills the entire channel cross section without significant inundation of the adjacent floodplain, and has a recurrence interval of 1.5 to 2.0 years. 

“Basal area per acre”	4528(a)

“Beneficial Functions of Riparian Zone” means the specific role of the riparian zone to provide protection for water temperature control, streambed and flow modification by large woody debris, filtration of organic and inorganic material, upslope stability, bank and channel stabilization and vegetative structure diversity for fish and wildlife habitat. 

“Beneficial Use” means those uses of water as defined by section 13050(f) of the Water Code and as described in the applicable Water Quality Control Plan.

“Berm” means a curb or dike constructed to control water and prevent roadway runoff waters from discharging onto roadside slopes and/or to provide material for subsequent road maintenance.

“Board”	4521.3

“Broadcast burning” means the use of fire throughout a site preparation area to prepare it for regeneration. It does not include burning of organic matter which is piled during mechanical site preparation or for hazard reduction.

“Brood Material” as used in these rules refers to any cut or downed portion of a tree's stem greater than three inches with intact undeteriorated bark.

“Buffer zone” means the area of protection surrounding a nest tree in which timber operation must be conducted in accordance with the provisions set forth in these regulations. A buffer zone does not constitute a special treatment area.

“Cable roads” means the path followed by logs being yarded by a cable system.

“Cable yarding” means that system of skidding (transporting) logs by means of cable (wire rope) to the yarding machine (yarder) or a landing while the yarder remains stationary.

“CAL FIRE Review Team Office” means the office of the Director's representative(s) or Chairperson(s) as listed under 14 CCR §1032. (ref. 1037.5. and 1090.19).

“Canopy” means the more or less continuous layer of  branches and foliage formed collectively by the crowns of adjacent trees and other woody species.

“Channel Migration Zone” means the area where the main channel of a watercourse can reasonably be expected to shift position on its floodplain laterally through avulsion or lateral erosion during the period of time required to grow forest trees from the surrounding area to a mature size, except as modified by a permanent levee or dike. The result may be the loss of beneficial functions of the riparian zone or riparian habitat (see Figure 1). 

Figure 1. Plan view diagram of a simple Channel Migration Zone designation.

View Graphic

			PRC Sec.
	Defined word or phrase		Containing
			Ref. Def.

“Channel zone” means that area located between the watercourse transition lines. 

For the Coast Forest District:

“Coastal Commission Special Treatment Area” means an identifiable and geographically bounded forest area designated within the Coastal Zone that constitutes a significant wildlife and/or plant habitat area, area of special scenic significance, and any land where timber operations could adversely affect public recreation areas or the biological productivity of any wetland, estuary, or stream especially valuable because of its role in a coastal ecosystem.1 (Reference: Section 31118.5, Public Resources Code.)

For the Southern Forest District:

“Coastal Commission Special Treatment Area” means an identifiable and geographically bounded forest area designated within the Coastal Zone that constitutes a significant wildlife and/or plant habitat area, area of special scenic significance, and any land where timber operations could adversely affect public recreation areas or the biological productivity of any wetland, estuary, or stream especially valuable because of its role in the coastal ecosystem. Special treatment areas were adopted by the Coastal Commission on July 5, 1977. Maps or designations of “Coastal Commission Special Treatment Areas” are on file in the Department offices within the Southern Forest District.2 (Reference: Section 31118.5, Public Resources Code.) 

“Codominants” means trees with crowns forming the general level of the forest canopy and receiving full light from above, but comparatively little light from the sides.  Codominants usually have medium-sized crowns, but are crowded on the sides.

For the Coast Forest District:

“Commercial Species” means those species found in group A and those in group B that are found on lands where the species in Group A are now growing naturally or have grown naturally in the recorded past.

Group A	--coast redwood (Sequoia sempervirens)
	--Douglas fir (Pseudotsuga menziesii)
	--grand fir (Abies grandis)
	--western hemlock (Tsuga heterophylla)
	--western redcedar (Thuja plicata)
	--bishop pine (Pinus muricata)
	--Monterey pine (Pinus radiata)
	--Sitka spruce (Picea sitchensis)

	--incense cedar (Libocedrus decurrens)
	--Port Orford cedar (Chamaecyparis lawsoniana)
	--California red fir (Abies magnifica)
	--white fir (Abies concolor)
	--Jeffrey pine (Pinus jeffreyi)
	--ponderosa pine (Pinus ponderosa)
	--sugar pine (Pinus lambertiana)
	--western white pine (Pinus monticola)

Group B	--tanoak (Lithocarpus densiflorus)
	--red alder (Alnus rubra)
	--white alder (Alnus rhombilfolia)
	--eucalyptus (Eucalyptus species)
	--Pacific madrone (Arbutus menziesii)
	--golden chinkapin (Castanopsis chrysophylla)
	--pepperwood (Umbellulria californica)
	--Oregon white oak (Quercus Garryana)
	--California black oak (Quercus kelloggii)

For the Northern Forest District:

“Commercial species” means those species found in group A and those in group B that are found on lands where the species in group A are now growing naturally or have grown naturally in the recorded past.

Group A	--sugar pine (Pinus lambertiana)
	--ponderosa pine (Pinus ponderosa)
	--Jeffrey pine (Pinus jeffreyi)
	-- western white pine (Pinus monticola)
	-- lodgepole pine (Pinus contorta)
	-- coast redwood (Sequoia sempervirens)
	-- white fir (Abies concolor)
	-- California red fir (Abies magnifica)
	-- noble fir (Abies procera)
	-- Douglas-fir (Pseudotsuga menziesii)
	-- incense-cedar (Libocedrus decurrens)
	-- Port Orford cedar (Chamaecyparis lawsoniana)

Group B	-- Knobcone pine (Pinus attenuata)
	-- Digger pine (Pinus sabiniana)
	-- California black oak (Quercus kelloggii)
	-- Oregon white oak (Quercus garryana)
	-- tanoak (Lithocarpus densiflorus)
	-- mountain hemlock (Tsuga mertensiana)
	-- Brewer spruce (Picea breweriana)
	-- Englemann spruce (Picea englemanii)
	-- Sierra redwood (Sequoiadendron giganteum)
	-- golden chinkapin (Castanopsis chrysophylla)
	-- foxtail pine (Pinus balfouriana)
	-- white alder (Alnus rhombifolia)
	-- Monterey pine (Pinus radiata)
	-- Pacific madrone (Arbutus menziesii)

	-- California laurel (Umbellularia Califorica)
	-- Western juniper (Juniperus occidentalis)

For the Southern Forest District:

“Commercial species” means those species found in group A and those in group B that are found on lands where the species in group A are now growing naturally or have grown naturally in the recorded past.

Group A 	--Coulter pine (Pinus coulteri)
	--Jeffrey pine (Pinus jeffreyi)
	--ponderosa pine (Pinus ponderosa)
	--sugar pine (Pinus lambertiana) 
	--lodgepole pine (Pinus contorta)
	--Monterey pine (Pinus radiata)
	--western white pine (Pinus monticola)
	--Douglas-fir (Pseudotsuga menziesii)
	--California red fir (Abies magnifica) 
	--white fir (Abies concolor)
	--incense cedar (Libocedrus decurrens)
	--coast redwood (Sequoia sempervirens)
	--Sierra redwood (Sequoiadendron giganteum)
	--mountain hemlock (Tsuga mertensiana)

Group B 	--white alder (Alnus rhombifolia) 
	--cottonwood (Populus fremontii) 
	--eucalyptus (Eucalyptus sp.) 
	--Pacific madrone (Arbutus menziesii) 
	--California black oak (Quercus kelloggii) 
	--tanoak (Lithocarpus densiflorus)

“Committee”	4522

“Community Fuelbreak Area” means a shaded fuelbreak approved by a public fire agency as part of a fire prevention plan for fire protection, ignition management, prefire management or other fire defense improvements. Within a shaded fuelbreak, vegetation is managed to reduce the potential for wildfire damage and provides a direct benefit to defensible space as defined in 14 CCR 1271. Community fuelbreak areas include defensible space areas within 200 feet of approved and legally permitted structures, as defined in 14 CCR 895.1, and those areas comprising systems of fuelbreaks that are designed or approved by a public fire agency as part of a fire prevention plan.

“Compatible use” means uses which do not significantly detract from the use of the property for, or inhibit, growing and harvesting timber, and shall include those specified in Government Code 51104(h) unless in specific instances such use would be contrary to this definition.

“Concentration” means an accumulation of slash, limbs, tops, slabs or other logging debris that exceeds 30 inches (76.2 cm) in height above the ground and covers more than 100 square feet (9.29 m2) of surface area except that individual logs not associated with other logging debris which exceed these dimensions shall not be considered a concentration of slash or logging debris.

“Confidential Archaeological Addendum” means the archaeological and historical resources survey and impact assessment report prepared for a proposed timber operation. The addendum is confidential to the extent permitted pursuant to Government Code §§6254(r) and 6254.10. It shall not be included in any document provided to the public. It shall contain all information required by 14 CCR §§929.1, 929.2, 929.3, 929.7, 949.1, 949.2, 949.3, 949.7, 969.1, 969.2, 969.3, 969.7.

“Confidential Archaeological Letter” means the archaeological and historical resources survey and impact assessment prepared for an Emergency Notice covering three acres or more in size. It is included with the submittal of the Emergency Notice to the Director and contains all information required by 14 CCR § 929.1 [949.1, 969.1](c)(2), (7), (8), (9), (10) and (11), including site records, as required pursuant to 14 CCR §§929.1 [949.1, 969.1](g) and 929.5 [949.5, 969.5]. The information may be presented in either a letter or report format. It is confidential to the extent permitted pursuant to Government Code §§ 6254(r) and 6254.10 and shall not be included in any document provided to the public.

“Confined Channel” means a watercourse with an incised channel that does not shift position on a floodplain, the channel has no contiguous flat, flood prone areas, and the width of the valley floor is less than 2 times the channel width at bankfull stage.

“Countable tree”	4528(b)

“Critical period” means the time of year when the special timber operations practices set forth in these regulations are required to minimize nesting disturbance to a species of special concern.

“Crop of trees,” within the meaning of PRC 4526, means any number of trees which can be harvested commercially.

“Cumulative impacts” means those impacts as defined in 14 CCR 15355.

“Current archaeological records check” means a review of the State's archaeological and historical resource files conducted at the appropriate Information Center of the California Historical Resource Information System for the area which could be affected by timber operations. The Office of Historical Preservation, which is within the Department of Parks and Recreation, has the address for the regional Information Center a person must contact. The records check must have been conducted within five years prior to the date a THP, NTMP, or Emergency Notice of 3 acres or more is submitted to the Director.

“Cutover land”	4522.5

“Cutting method” means silvicultural method within the Southern Subdistrict of the Coast Forest District.

“Damaging effects” means demolition, destruction, relocation, or significant alteration of an archaeological or historical site or resource before the significance of the site is determined.

“Danger tree” means any tree located on or adjacent to a utility right-of- way or facility that could damage utility facilities should it fall where (1) the tree leans toward the right-of-way, or (2) the tree is defective because of any cause, such as: heart or root rot, shallow roots, excavation, bad crotch, dead or with dead top, deformity, cracks or splits, or any other reason that could result in the tree or main lateral of the tree falling. See chapter VII, Hazardous Tree Identification, Powerline Fire Prevention Field Guide -1977, A joint Publication of the California Department of Forestry, U.S. Forest Service, and U.S. Bureau of Land Management.

“Decadent and Deformed Trees of Value to Wildlife”: Trees, either conifers or hardwoods, that are not countable per PRC §4528 but which exhibit characteristics of substantial value to wildlife including but not limited to such features as broken tops, dead tops, forked tops, nests, mistletoe clumps, substantial decay and cavities.

“Department” means the Department of Forestry and Fire Protection or CAL FIRE.

“Diameter” when measuring standing live trees, means the average diameter of a tree measured outside the bark, at breast eight, a point 4.5 feet (1.37m) above the average ground level.

“Director” means the Director of Forestry and Fire Protection.

“Diseased Trees” means trees which have abnormal physiological conditions or structural changes that result in a substantial adverse effect on the trees' health or threatens to spread the disease, thus threatening the sustained health of surrounding trees. These conditions or structural changes express characteristic signs or symptoms and are caused by identifiable biotic or abiotic agents including but not limited to fungi, bacteria, insects, parasitic plants, vertebrates, lightning, fire and mechanical wounds.

“District” see PRC §4523.	4523

“Ditch drain” means a drainage structure or facility which will move water from an inside road ditch to an outside area.

“Domestic water use” means the use of water in homes, resorts, motels, organization camps, developed campgrounds, including the incidental watering of domestic stock for family sustenance or enjoyment and the irrigation of not more than one half acre in lawn, ornamental shrubbery, or gardens at any single establishment. The use of water at a developed campground or resort for human consumption, cooking or sanitary purposes is a domestic use.

“Dominants” means trees with well-developed crowns extending above the general level of the forest canopy and receiving full light from above and partly from the sides.

“Drainage facilities” means facilities constructed to control water, including, but not limited to, fords, inside ditches, waterbreaks, outsloping and rolling dips.

“Drainage structure” means a structure installed to control, divert or to cross over water, including, but not limited to, culverts, bridges and ditch drains.

“Dunning's classification” although initially devised exclusively for pine, here is intended to apply to all commercial coniferous species and means a system of tree classification based on maturity of trees, age, position of tree crown in stand, shape of top, diameter, density of foliage and risk or susceptibility of tree to insect and other mortality where trees are classed as follows:

Class 1. Tree immature, 60 to 150 years of age, crown dominant or extending above general level of the crown cover, top pointed, d.b.h. up to 30 inches (76.2 cm), foliage dense and risk good.

Class 2. Tree immature, 60 to 150 years of age, crown codominant or equal to general level of the crown cover, top pointed, d.b.h. up to 24 inches (61.0 cm), foliage dense and risk good.

Class 3. Tree mature, 150 to 300 years of age, crown dominant or extending above general level of the crown cover, top rounded, d.b.h. 18 inches (45.7 cm) to 40 inches (101.6 cm), foliage moderately dense and risk fair to good.

Class 4. Tree mature, 150 to 300 years of age, crown codominant or equal to general level of the crown cover, top rounded and risk poor to fair.

Class 5. Tree overmature, over 300 years of age, crown dominant or extending above the general level of the crown cover, top flat, foliage thin, and risk poor.

Class 6. Tree immature, 60 to 150 years of age, crown intermediate to or suppressed by the general level of the crown cover, top pointed, d.b.h. 12 inches (30.5 cm) to 15 inches (38.1 cm), foliage moderately dense and risk fair to good.

Class 7. Tree mature or overmature, over 150 years of age, crown intermediate or suppressed by the general level of the crown cover, top flat, d.b.h. rarely over 18 inches (45.7 cm), foliage sparse and risk poor. (Reference: Section 4531, Public Resources Code.)

“Dying Trees” means trees which exhibit one or more of the following: fifty percent or more of the foliage-bearing crown is dead or fading in color from a normal green to yellow, sorrel, or brown, excluding normal autumn coloration changes; successful bark beetle attacks with indications of dead cambium and brood development distributed around the circumference of the bole; seventy-five percent or more of the circumference of the lower bole is girdled by wildlife; or trees designated by an RPF as likely to die within one year.

“Effects” means effects and impacts as defined in 14 
CCR 15358.

“Emergency” means those conditions that will cause waste or loss of timber resources to the timber owner that may be minimized by immediate harvesting of infected, infested or damaged timber or salvaging down timber, or those conditions that will cause appreciable financial loss to the timber owner that may be minimized by immediate harvesting of timber.

“End-Hauling” means the removal and transportation of excavated material to prevent sidecast.

“Energy dissipator” means a device or material used to reduce the energy of flowing water.

“Equipment exclusion zone (EEZ)” means the area, as explained in the THP, where heavy equipment associated with timber operations is totally excluded for the protection of water quality, the beneficial uses of water, and/or other forest resources.

“Equipment limitation” is the term used when the use of timber harvesting equipment is to be limited for the protection of water quality, the beneficial uses of water, and/or other forest resources.

“Equipment limitation zone (ELZ)” means the area, as explained in the THP, where heavy equipment associated with timber operations is limited for the protection of water quality, the beneficial uses of water, and/or other forest resources.

“Erosion controls” means drainage facilities, soil stabilization treatments, road and landing abandonment, removal and treatment of watercourse crossings, and any other features or actions to reduce surface erosion, gullying, channel erosion, and mass erosion.

For the Coast Forest District

“Erosion Hazard Rating” means the rating derived from the procedure specified in 14 CCR 912.5 designed to evaluate the susceptibility of the soil within a given location to erosion.

For the Southern Forest District:

“Erosion Hazard Rating” Means the rating derived from the procedure specified in 14 CCR 952.5 designed to evaluate the susceptibility of the soil within a given location to erosion. (Reference: Section 4562, Public Resources Code.)

“Erosion potential” see 14 CCR 952.5. (Reference: Section 4562, Public Resources Code.)

“Estimated erosion potential” means the product of the soil and slope values derived from the table in 14 CCR 932.5 or as such product may be modified in accordance with the instructions contained in that section. (Reference: Section 4562, Public Resources Code.)

“Excess material” means material that is not used or needed as a functional part of the road or a landing.

“Executive Officer” means the Executive Officer of the State Board of Forestry authorized by PRC 739.

“Extended dry periods” means those periods during the winter period when saturated soil conditions do not exist.

“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social and technical factors. With regard to economic feasibility, the issue shall be whether the plan as revised could be conducted on a commercial basis within 3 years of the submission of the plan and not solely on the basis of whether extra cost is required to carry out the alternatives.

“Fill” means material that is placed in low areas and built up to form the roadbed or landing surface.

For the Coast Forest District:

“Fire Protection Zone” means that portion of the logging area within 100 feet (30.48 m) as measured along the surface of the ground, from the edge of the traveled surface of all public roads and railroads; and within 200 feet (60.96 m) as measured along the surface of the ground, from permanently located structures currently maintained for human habitation.

“Flood Flow” means that magnitude of peak flow that would, on the average, be equaled or exceeded once every specified period of years (e.g. once every 10 year, 50 years, 100 years). This flow shall be estimated by flood flow measurement records and by empirical relationships between precipitation, watershed characteristics, and runoff, and may be modified by direct channel cross-section measurements informed by local experience. 

“Flood Prone Area” means an area contiguous to a watercourse channel zone that is periodically flooded by overbank flow. Indicators of flood prone areas may include diverse fluvial landforms, such as overflow side channels or oxbow lakes, hydric vegetation, and deposits of fine-grained sediment between duff layers or on the bark of hardwoods and conifers. The outer boundary of the flood prone area may be determined by field indicators such as the location where valley slope begins (i.e., where there is a substantial percent change in slope, including terraces, the toes of the alluvial fan, etc.), a distinct change in soil/plant characteristics, and the absence of silt lines on trees and residual evidence of floatable debris caught in brush or trees. Along laterally stable watercourses lacking a channel migration zone where the outer boundary of the flood prone area cannot be clearly determined using the field indicators above, it shall be determined based on the area inundated by a 20-year recurrence interval flood flow event, or the elevation equivalent to twice the distance between a thalweg riffle crest and the depth of the channel at bankfull stage. When both a channel migration zone and flood prone area are present, the boundaries established by the channel migration zone supersedes the establishment of a flood prone area. 

“Fluvial”means the processes associated with rivers and streams and the deposits and landforms created by them. 

For the Northern Forest District:

“Fire protection zone” means that portion of the logging area within 100 feet (30.48 m), as measured along the surface of the ground, from the edge of the traveled surface of all public roads and railroads, and 50 feet (15.24 m) as measured along the surface of the ground from the traveled surface of all private roads, and within 100 feet (30.48 m), as measured along the surface of the ground, from permanently located structures currently maintained for human habitation. (Reference: Section 4561.6, Public Resources Code.)

For the Southern Forest District:

“Fire Protection Zone” means that portion of the logging area within 100 feet (30.48 m), as measured along the surface of the ground, from the edge of the traveled surface of all public roads and railroads; and within 200 feet (60.96 m), as measured along the surface of the ground from permanently located structures currently maintained for human habitation.

“Fuelbreak”	4528(e)

“Functional Nesting Habitat” means habitat with a dominant and codominant tree canopy closure of at least 40% and a total canopy (including dominant, codominant, and intermediates) of at least 60%. Usually the stand is distinctly multi-layered with an average stem diameter in dominant, codominant conifers, and hardwoods > 11” D.B.H. The stand usually consists of multi-specied trees (including hardwoods) of mixed sizes. All nests, snags, down logs, and decadent trees shall also be considered as part of the habitat. Nesting substrates are provided by broken tops, cavities, or platforms such as those created by a hawk or squirrel nest, mistletoe broom, or accumulated debris. Owls are known to occasionally nest in less than optimal habitat. Nesting areas may also be associated with topographical relief and aspect which alter microclimates.

“Functional Roosting Habitat” during the territorial season consists of stands where average stem diameter is > 11” D.B.H. among dominant and codominant trees. Hardwood and conifers provide an average of at least 40% canopy closure but the stand can have a high degree of variability. Stand size and configuration must be sufficient to provide multiple perch sites which are suitable for protection from various environmental conditions including wind, heat, and precipitation.

“Functional Foraging Habitat” is dependent on the presence and availability of prey on the forest floors or in the canopy; presence of accessible perching limbs; and adjacency to stands with canopy closures > 40%. Average stem diameter is usually 6” D.B.H. for hardwoods and > 11” D.B.H. for conifers among dominant, codominant, and the total overhead canopy closure, including intermediate trees, is at least 40%. Where overall canopy closure is >  80%, forage habitat is limited to areas with ample flight space below limbs and among stems. Habitat between 40 and 25% must be verified by local information.

“Functional Wildlife Habitat” means vegetative structure and composition which function to provide essential characteristics for wildlife feeding, reproduction, cover and movement between habitats. The habitat components must be in sufficient quantities and arrangement to support the diverse assemblage of wildlife species that are normally found on or use forestlands within that area. Within this definition the following terms mean:

	Function(al): Refers to ecological relationships between both the habitat components and needs of the species which allows for all of the normal life cycle including, migration corridors, genetic pathways, food availability, temperature protection, moisture retention, nutrient cycling, denning, spawning, nesting, and other functions necessary to complete a life cycle.

	Composition: Refers to the types, abundance, distribution, and ecological relationships of species of terrestrial and aquatic vegetation within the forest stand including, dominance, richness, trophic levels and other population and community features at levels which affect the long-term survival of individual forest species.

	Structure: Refers to the physical arrangement of and relationships between living and non-living terrestrial and aquatic components within the forest stand including, age, size, height and spacing of live vegetation in the forest in addition to seeps, spawning gravels, pools, springs, snags, logs, den trees, meadows, canopy coverage, levels of canopies and other physical features necessary to allow species to function.

“Good cause is shown” as used in PRC 4590 means when: the plan submitter presents facts which describe the factors beyond the control of the plan submitter and his or her agents, such as market conditions, weather, technical difficulties or natural disaster, that have prevented feasible completion of the timber operation within the effective period of the plan.

“Hard frozen conditions” means those frozen soil conditions where loaded or unloaded vehicles can travel without sinking into the road surfaces to a depth of more than six inches over a distance of more than 25 feet.

“Harm” means an act where it actually kills or injures a federally listed wildlife species. Such acts may include a significant habitat modification or degradation which actually kills or injures wildlife by significantly impairing essential behavior patterns, including breeding, feeding or sheltering.

“Harass” means an intentional or negligent act or omission which creates the likelihood of injury to a federally listed wildlife species by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding or sheltering.

“Harvesting method” means the process used to cut and remove timber. It may have as its silvicultural objective either stand regeneration or intermediate treatments.

“Historic Road” means an existing road, including associated landings and watercourse crossings, that is not part of the permanent road network and that has not been maintained or proactively abandoned.

“Hydric” means a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper portions of the soil profile. 

“Hydrologic Disconnection” means the removal of direct routes of drainage or overland flow of road runoff to a watercourse or lake by directing drainage or overland flow onto stable portions of the forest floor to dissipate energy, facilitate percolation, and resist or prevent erosion or channelization. 

“Inner Gorge” means a geomorphic feature formed by coalescing scars originating from landsliding and erosional processes caused by active stream erosion. The feature is identified as that area beginning immediately adjacent to the stream channel below the first break in slope. 

“Intermediate treatments” means harvests conducted to modify or guide the development of an existing stand of trees, but not to replace (regenerate) the stand with a new one.  The treatments involve the removal of trees to allow expansion of the crowns and root systems.

“Intermediates” means trees with crowns below the general level of the forest canopy and receiving little light from either above or the sides.  Intermediates have minimally-developed crowns and are crowded on the sides.

“Ladder Fuels” means vegetative fuels that can spread a fire vertically between or within a fuel type.

“Lake” is a permanent natural body of water of any size, or an artificially impounded body of water having a surface area of at least one acre, isolated from the sea, and having an area of open water of sufficient depth and permanency to prevent complete coverage by rooted aquatic plants.

“Lake Tahoe Region” means those portions of Placer and El Dorado Counties lying within the authority of the Tahoe Regional Planning Agency.

“Lake Transition Line” means that line closest to the lake where mesic vegetation is permanently established. 

“Landing” means that area where forest products are concentrated prior to loading for transportation to market.

“Late succession forest stands” means stands of dominant and predominant trees that meet the criteria of WHR class 5M, 5D, or 6 with an open, moderate or dense canopy closure classification, often with multiple canopy layers, and are at least 20 acres in size.  Functional characteristics of late succession forests include large decadent trees, snags, and large down logs.

“Layout” means a prepared bed into which a tree is felled. A layout is generally constructed by tractor and is intended to reduce the breakage that occurs during the felling of trees.

“License”	4524

“Listed Species” means a plant or animal species which is listed as rare, threatened or endangered under federal or state law, or a sensitive species by the Board. 

“Live and healthy” as used in PRC 4528(b)(2) means a tree that is a potential crop tree.

“Log culvert” means a drainage structure consisting of logs or logs and fill material placed in a drainage in such a manner as to allow for the passage of water. Also commonly referred to as a “Humboldt crossing.”

“Logging area” means that area on which timber operations are being conducted as shown on the map accompanying the Timber Harvesting Plan, and within 100 feet as measured on the surface of the ground, from the edge of the traveled surface of appurtenant roads owned or controlled by the timberland owner, timber operator or timber owner, and being used during the harvesting of the particular area. The traveled surface of such appurtenant roads is also part of the logging area.

“Logging road” means a road other than a public road used by trucks going to and from landings to transport logs and other forest products.

“Logging Road Surface Drainage Network” means the system of drainage facilities and structures associated with logging roads, which are used to control, divert, or cross over water.

“Long-term significant adverse effect on fish, wildlife, or listed species known to be primarily associated with late succession forest stands” means an effect that creates an identifiable trend or set of conditions which provide a substantial level of scientific evidence that a population of one or more species of fish, wildlife, or listed species primarily associated with late succession forest stands will become extirpated from a significant portion of its current range in the Forest District within the planning horizon.

“Long Term Sustained Yield” means the average annual growth sustainable by the inventory predicted at the end of a 100 year planning period.

For the Coast Forest District:

“Lopping” means severing and spreading of slash so that no part of it remains more than 30 inches (76.2 cm) above the ground.

For the Northern Forest District:

“Lopping” means severing and spreading of slash so that no part of it remains more than 30 inches (76.2 cm) above the ground. (Reference: Section 4551.5, Public Resources Code.)

For the Southern Forest District:

“Lopping” means severing limbs from the exposed sides of the unutilized portions of trees so that portions of the severed limbs are in contact with the ground. (Reference: Section 4551.5, Public Resources Code.)

“Lopping For Fire Hazard Reduction” means severing and spreading slash so that no part of it generally remains more than 30 inches above the ground except where a specific rule provides another standard.

“Mainline road” [Effective until 1-1-2006.]: Roads on non federal lands that are used as the primary route for the transportation of forest products that are fed by arterial (secondary) haul roads.

“Mainline road” [Effective 1-1-2006.] means roads on non federal lands that are used as the primary route for the transportation of forest products that are fed by arterial (secondary) haul roads. 

“Manmade watercourse” means a watercourse which is constructed and maintained to facilitate man's use of water and includes, but is not limited to ditches and canals used for domestic, hydropower, irrigation, and other beneficial uses (manmade watercourses as defined do not include roadside drainage ditches).

“Marking” means a painted horizontal band or other distinguishing designation which is visible from two sides of a tree, and a stump designation, if required in the THP, which is visible after felling operations.

For the Northern Forest District:

“Meadows and wet areas” means those areas which are moist on the surface throughout most of the year and/or support aquatic vegetation, grasses and forbs as their principal vegetative cover. (Reference: Section 4562.7, Public Resources Code.)

For the Southern Forest District:

“Meadows and Wet Areas” means those areas which are moist on the surface throughout most of the year and/or support aquatic vegetation, grasses and forbs as their principal vegetative cover.

“Mechanical site preparation” means all site preparation activities undertaken by motorized heavy equipment to prepare an area for regeneration.

“Minor deviations” means any change, minor in scope, in a plan which can reasonably be presumed not to make a significant change in the conduct of timber operations and which can reasonably be expected not to significantly adversely affect timberland productivity or values relating to soil, water quality, watershed, wildlife, fisheries, range and forage, recreation, and aesthetic enjoyment.

“Native Americans” means the Native American Heritage Commission and those local Native American tribal groups and individuals to be notified or consulted pursuant to the Forest Practice Rules as defined in the Native American Contact List.

“Native American Archaeological or Cultural Site” means any archaeological or other cultural resource that is associated with Native Americans. These sites must be identifiable by a specific physical location containing specific physical attributes. Native American archaeological or cultural sites include but are not limited to: village sites, camp sites, petroglyphs, prehistoric trails, quarries, milling stations, cemeteries, ceremonial sites or traditional cultural sites and properties.

“Native American Contact List” means the list that identifies those Native Americans that must be notified or consulted pursuant to the Forest Practice Rules. The Department shall maintain this list utilizing information and advice provided by the Native American Heritage Commission (NAHC). The list shall identify the appropriate contacts to be notified or consulted during preparation or review of Timber Harvesting Plans. The list shall be organized by counties or portions of counties and shall include all local federally recognized tribal governments. It shall also include other California Native American organizations or individuals that the Department places on the list based upon demonstrated knowledge concerning the location of archaeological or cultural resources within California. The NAHC shall also be included as a required contact for each county on the list to enable the NAHC to complete a check of their Sacred Lands File which is authorized by PRC §§5097.94(a) and 5097.95. The list shall be posted on the Department's internet site to make it readily available to RPFs and others needing the list to comply with these rules. The list shall also be available by mail through written request to the appropriate CAL FIRE Review Team offices. At least twice annually, the Department shall update the list to provide the most current information. Each update will reflect a new revision date, so users of the list may identify which version of the list they were using.

“Nest site” means the geographic area and surrounding habitat that includes the nest tree(s), perch tree(s), screening tree(s), and replacement tree(s) of a bird species of special concern.

“Nest tree” means the tree, snag, or other structure that contains the nest of a species of special concern.

“Northern Spotted Owl Breeding Season” means the period February 1 through July 31 for the Coast Forest District and February 1 through August 31 for the Northern Forest District.

“Northern Spotted Owl Evaluation Area” means the following counties: Marin, Napa, Del Norte, Mendocino, Colusa, Tehama (west of Interstate-5), Sonoma, Humboldt, Lake, Trinity, and Glenn (west of Interstate-5) and those portions of Siskiyou and Shasta counties west of the line indicated by the following descriptions: south from the California-Oregon border along the east boundary of Township 48N, Range 2W, MDB&M; thence west along the south boundary of Township 48N, Range 2W, MDB&M; thence south along Secret Spring Road; thence south and east along Meiss Lake Sams Neck Road; thence southwest along U.S. Highway 97; thence, at the southern end of the town of Macdoel, south along Old State Highway to due east of Orr Mountain; 

	thence east and south along Tennant Road to about one half mile south of the town of Tennant; thence east along Forest Highway 77 (44N01) to its junction with Forest Highway 15; thence east along 44N01; thence south along the line dividing Ranges 4E and 5E, MDB&M; thence west along the line dividing Townships 42N and 41N, MDB&M; thence south along the line dividing Ranges 2E and 3E, MDB&M; thence south along State Highway 89; thence west along the Pit River to Shasta Lake; thence west along the south shore of Shasta Lake to Interstate 5; thence south along Interstate 5 to the Shasta County line.

“Occupied nest” means a nest currently being used by one or more adult birds with eggs or young present.

“Overhanging bank” means a condition in which the upper portion of a cut slope projects (hangs) over the lower portion of a cut slope.

“Overstory” means that portion of the trees, in a forest of more than one story, forming the upper canopy layers.

“Owl habitat” means Type A, B, or C owl habitat or those areas with functional foraging habitat, functional nesting habitat, and functional roosting habitat which support the owl's biological needs for breeding, sheltering, and feeding. An area of habitat could have characteristics which support all of the functional needs for nesting, roosting, and foraging or combination of those functions. Because owls are known to occasionally inhabit less than optimal forest structure, local information can be used to justify the modification of functional habitat definitions.

“Past projects” means previously approved, on-going, or completed projects which may add to or lessen impact(s) created by the THP under consideration. These generally include, but may not be limited to, projects completed within the last ten years.

“Perch tree” means a tree or snag identified and designated by the RPF or supervised designee in consultation with the Department of Fish and Game as utilized periodically by a species of special concern for nesting, territorial defense, or as an approach to its nest or feeding area.

“Permanent road” means a road which is planned and constructed to be part of a permanent all-season transportation facility. These roads have a surface which is suitable for hauling of forest products throughout the entire winter period and have drainage structures, if any, at watercourse crossings which will accommodate the fifty-year flood flow. Normally they are maintained during the winter period.

“Permanent Road Network” means the permanent, seasonal, and temporary roads that provide the infrastructure necessary for timber operations and forest management.

“Permanent watercourse crossing” means a watercourse crossing that will be constructed to accommodate the estimated fifty-year flood flow and will remain in place when timber operations have been completed.

“Person”	4525

“Plan” means:	4582
(a) Timber Harvesting Plan (THP) as described in PRC 4582.
(b) Nonindustrial Timber Management Plan (NTMP) as described in PRC 4593.2(e).
(c) Program Timber Harvesting Plan (PTHP) as described in 14 CCR 1092 and 1092.1.

“To plan” means examination of feasible alternatives, field review of alternatives, and reflection of this examination and field review in choice of road or landing locations, and other factors, together with associated mitigation measures in the harvest plan.

“Planning Watershed” means the contiguous land base and associated watershed system that forms a fourth order or other watershed typically 10,000 acres or less in size. Planning watersheds are used in planning forest management and assessing impacts. The Director has prepared and distributed maps identifying planning watersheds plan submitters must use. Where a watershed exceeds 10,000 acres, the Director may approve subdividing it. Plan submitters may propose and use different planning watersheds, with the director's approval. Examples include but are not limited to the following: when 10,000 acres or less is not a logical planning unit, such as on the Eastside Sierra Pine type, as long as the size in excess of 10,000 acres is the smallest that is practical. Third order basins flowing directly into the ocean shall also be considered an appropriate planning watershed. 

“Predominant trees” are those whose crowns are above the general level of the canopy and are significantly older than the surrounding stand.

“Pre-existing Large Wood” means, for Class III watercourses in watersheds with listed anadromous salmonids: 

(a) a log or tree segment that is (i) at least 12 inches or greater in diameter outside bark when measured at the small end, (ii) at least six feet in length, (iii) in contact with the ground, and (iv) present prior to timber operations. 

(b) a root wad that is (i) at least 12 inches or greater in diameter outside bark when measured at the base of the trunk, (ii) in contact with the ground, and (iii) present prior to timber operations. 

“Prescribed maintenance period” means the period, beginning with filing of the work completion report provided the report is approved during which erosion controls which are required and constructed as part of a timber operation must be maintained in a functional condition. The period shall not exceed three years from the filing of the work completion report provided that the report is subsequently approved by the director. 

“Professional Archaeologist” means a person who holds at least a Bachelor of Arts or Science degree in Anthropology or Archaeology from a college or university and has completed at least three years of professional experience in research, writing, or project supervision in archaeological investigation or cultural resource management and protection programs.

Program Timberland Environmental Impact Report (PTEIR), means a Program Environmental Impact Report in compliance with CEQA for ongoing management of timberlands, including timber operatrions and related land management practices which require permits from public agencies. Subsequent PTHPs shall be tied to a PTEIR.

Program Timber Harvesting Plan (PTHP), means a Timber Harvesting Plan prepared by an RPF which relies upon a PTEIR for CEQA compliance and meets the standards of PRC Section 4581. PTHPs must be within the scope of the PTEIR, the rules of the board and other applicable state laws.

“Project” means an activity which has the potential to cause a physical change in the environment, directly or ultimately, and that is 1) undertaken by a public agency, or 2) undertaken with public agency support, or 3) requires the applicant to obtain a lease, permit, license or entitlement from one or more public agencies. This includes Timber Harvesting Plans.

“Properly Functioning Salmonid Habitat” means the beneficial functions of the riparian zone are suitable for all life-history stages of listed anadromous salmonid species that would be expected to occur in specific geomorphic conditions considering spatial and temporal variability. 

“Public fire agency” means California Department of Forestry and Fire Protection, United States Forest Service, Bureau of Land Management, and other federal fire protection agencies, counties providing fire protection pursuant to PRC 4129, or city, county, or local fire agencies.

“Public road” means a road open to the general public which is (a) in the State or County road system, or (b) a road on which a public agency has a deeded, unlimited easement.

“Quality of water” means the level of water quality as specified by the applicable Water Quality Control Plan, including its water quality objectives, policies and prohibitions.

“Reasonably Foreseeable Probable future projects” means projects with activities that may add to or lessen impact(s) of the proposed THP including but not limited to:

(1) if the project is a THP on land which is controlled by the THP submitter, the THP is currently expected to commence within but not limited to, 5 years or,

(2) if the project is a THP on land which is not under the control of the THP submitter the THP has been submitted or on-the-ground work including THP preparation has materially commenced, or

(3) if the project is not a THP, and a permit is required from a public agency, and the project is under environmental review by the public agency, or

(4) if the project is one which is under taken by a public agency, the agency has made a public announcement of the intent to carry out the project.

“Reconstructed roads” means those existing roads that are to be restored or improved to make them useable for hauling forest products.

“Reconstructed” does not include routine or annual maintenance or rehabilitation that does not require substantial change in the original prism of the road.

“Reconstruction of existing tractor roads” means restoring or improving the surface of pre-existing tractor roads or skid trails in a manner that requires substantial cutting or filling of soil or rock.

“Regeneration method” means the process used to secure replacement of a forest stand. Section 895.1, Table 1, entitled “Relationship of Standard Silvicultural Treatments to Objectives and Stand Conditions” shows the general relationships of regeneration methods and intermediate treatments to even-aged and uneven-aged management.

“Registered Professional Forester” means a person who holds a valid license as a professional forester pursuant to article 3, chapter 2, division 1 of the Public Resources Code.

“Replacement Tree” means a tree or snag within the nest site of a species of special concern identified and designated by the RPF or supervised designee in consultation with the Department of Fish and Game as being suitable as a replacement for a nest or perch tree should the existing tree become unusable.

“Reproduction” means young trees of commercial species that are less than 4 inches (10.2 cm) d.b.h., i.e., seedlings and saplings.

“Resource conservation standards”	4525.3

“Rigging” means the cable (wire rope), blocks, and hook equipment used in cable yarding systems.

“Riparian” means the banks and other adjacent terrestrial environs of lakes, watercourses, estuaries, and wet areas, where transported surface and subsurface freshwaters provide soil moisture to support mesic vegetation.

“Riparian-Associated Species” means those plant, invertebrate, amphibian, reptile, fish, or terrestrial wildlife species that require utilization of riparian zones during any life history stage 

“Rip-rap” means rock or other suitable material placed to prevent or reduce erosion.

“Road failure” means damage to the roadbed not permitting vehicular passage for hauling of forest products, but does not mean cut bank or fill sloughing incidental to road settling.

“Road Management Plan” means a document submitted as part of a plan that describes the long-term management of a road system in one or more planning watersheds on timberlands. A RMP identifies, evaluates, and proposes approaches to avoid or mitigate significant environmental effects that could result from the construction, reconstruction, use, maintenance, abandonment, and management of roads related to forest resource management activities on timberlands. 

“Road Management Unit” means the part or parts of timberland ownership(s) that are analyzed together as part of an RMP and may include areas of one or more timberland ownerships. A Road Management Unit shall be limited to one Forest District unless otherwise approved by the Director. The landowner has the option of including within the Road Management Unit the entire ownership(s) and any areas outside the ownership that the Director agrees are part of a logical Road Management Unit based upon regulatory and ecological factors. 

“Rolling dip” means a drainage facility that is constructed to remain effective while allowing passage of motor vehicles at reduced road speed.

“Rules”	4525.5

“Sampling area” means the area delineated on a map accompanying a report of stocking showing the area sampled by one of the procedures specified in 14 CCR 10172.

“Saturated soil conditions” means that soil and/or surface material pore spaces are filled with water to such an extent that runoff is likely to occur. Indicators of saturated soil conditions may include, but are not limited to: (1) areas of ponded water, (2) pumping of fines from the soil or road surfacing material during timber operations, (3) loss of bearing strength resulting in the deflection of soil or road surfaces under a load, such as the creation of wheel ruts, (4) spinning or churning of wheels or tracks that produces a wet slurry, or (5) inadequate traction without blading wet soil or surfacing materials.

“Scattered parcel” means a timberland ownership within a planning watershed is less that 10% of the area of the watershed and does not adjoin a planning watershed where the timberland ownership is greater than 20% of the watershed.

“Screening trees” means those trees or snags identified and designated by the RPF or supervised designee in consultation with the Department of Fish and Game as necessary to protect nest trees of species of special concern from the impacts of human activities and natural elements.

“Seasonal road” means a road which is planned and constructed as part of a permanent transportation facility where: (1) commercial hauling may be discontinued during the winter period, or (2) the landowner desired continuation of access for fire control, forest management activities, Christmas tree growing, or for occasional or incidental use for harvesting of minor forest products, or similar activities. These roads have a surface adequate for hauling of forest products in the non-winter periods, and in the extended dry periods or hard frozen conditions occurring during the winter period; and have drainage structures, if any, at watercourse crossings which will accommodate the fifty-year flood flow. Some maintenance usually is required.

“Seed Tree” a thrifty vigorous tree of commercial species of seed bearing age, with full crown, and free from damage caused by timber operations and hazard abatement which would impair seed productivity.

“Sensitive Species” means those species designated by the Board of Forestry pursuant to 14 CCR 898.2(d). These species are the Bald eagle, Golden eagle, Great blue heron, Great egret, Northern goshawk, Osprey, Peregrine falcon, California condor, Great gray owl, Northern Spotted Owl, and Marbled Murrelet.

“Sidecast” means excess earthen material pushed or dumped to or over the side roads or landings.

“Significant adverse impact on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.

“Significant archaeological or historical site” means a specific location which may contain artifacts, or objects and where evidence clearly demonstrates a high probability that the site meets one or more of the following criteria:

(a) Contains information needed to answer important scientific research questions.

(b) Has a special and particular quality such as the oldest of its type or best available example of its type.

(c) Is directly associated with a scientifically recognized important prehistoric or historic event or person.

(d) Involves important research questions that historical research has shown can be answered only with archaeological methods.

(e) Has significant cultural or religious importance to Native Americans as defined in 14 CCR §895.1.

“Significant new information” means substantial changes in the plan or environmental setting, as well as additional data or other information. New data or information added to a plan is not “significant” unless the plan is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the plan or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the plan's proponents have declined to implement. “Significant new information” requiring recirculation includes, for example, a disclosure showing that: 

(1) A new significant environmental impact would result from the plan or from a new mitigation measure proposed to be implemented. 

(2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. 

(3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the plan, but the plan's proponents decline to adopt it. 

(4) The plan was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. 

“Silviculture” is the theory and practice of controlling the establishment, composition and growth of forests.

“Silvicultural system” is the planned program of forest stand treatments during the life of a stand. It consists of a number of integrated steps conducted in logical sequence leading to maintaining a forest stand of distinctive form for the level of management intensity desired.

“Silvicultural methods” in Public Resources Code section 4852(d) is referred to as “silvicultural systems” for purposes of these regulations.

“Site classification”	4528(d)

“Site preparation” means any activity involving mechanical disturbance of soils or burning of vegetation which is performed during or after completion of timber harvesting and is associated with preparation of any portion of a logging area for artificial or natural regeneration.

“Site preparation addendum” means an addendum to the THP which describes proposed site preparation areas, site preparation practices, and related measures.

“Site preparation area” means any portion of a logging area in which site preparation is conducted.

“Site survey area” means: the area where a field survey is conducted for archaeological and historical sites which includes the entire logging area except appurtenant roads and those portions of the 100 foot strip along such roads unless there are timber operations to remove commercial wood products that could affect an archaeological or historical site.

“Skidding” (see “yarding” in this section).

“Slash”	4525.7

“Slide areas” are areas indicated by the following characteristics:

1. Shallow-seated Landslide. An area where surface material (unconsolidated rock colluvium, and soil) has moved downslope along a relatively steep, shallow failure surface. The failure surface is generally greater than 65% in steepness and less than 5 feet in depth. It is usually characterized by: (1) a scarp at the top; (2) a concave scar below the scarp, where surface material has been removed; and sometimes (3) a convex area at the bottom where slide material is deposited. Vegetation is usually disturbed (tilted trees), anomalous (younger, even-aged stand), or absent (bare soil). Minor bank slumps are excluded from this definition.

2. Deep-seated Landslide. An area where landslide material has moved downslope either as a relatively cohesive mass (rotational slides and translational block slides) or as an irregular, hummocky mass (earthflow). The failure surface is generally deeper than five feet and is usually well-exposed at the head scarp. Complex failures with rotational movement at the head and translational movement or earthflows downslope are common. Vegetation on rotational and translational slides is relatively undisturbed, although trees and shrubs may be pistol-butted or tilted. Deep-seated landsides may have intermediate tension cracks, scraps, and shallow slides superimposed throughout the slide mass. 

	Deep-seated landslide risk is usually associated with cohesive soils.

“Small Group” means groups of trees in areas up to 2 1/2 acres.

“Snag” means a standing dead tree or standing section thereof, regardless of species.

“Southern Subdistrict” of the Coast Forest District is comprised of the timberlands in the Counties of Santa Cruz, Santa Clara, San Mateo, San Francisco and Marin situated within the boundaries of the Coast Forest District.

“Special Treatment Areas” are specific locations which contain one or more of the following significant resource features which may be at risk during timber operations.

a. Within 200 feet of the watercourse transition line of federal or state designated wild and scenic rivers;

b. Within 200 feet of national, state, regional, county or municipal park boundaries;

c. Key habitat areas of federal or state designated threatened, rare or endangered species;

d. Coastal Commission special treatment areas;

e. Within 200 feet of state designated scenic highways or within scenic corridors established pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 and Section 154 of Chapter 1 of Division 1 of the Streets and Highways Code.

“Species” means a native species or subspecies of animal or plant in California.

“Specific Forest” means the area delineated under a timber management plan.

“Spotted Owl Expert” means a person with at least a Bachelor of Science degree in Wildlife Biology, Biology, Forestry, Zoology or related field and a minimum of five field seasons of verifiable northern spotted owl survey and biological evaluation work. The SOE shall possess sufficient experience, knowledge and education in order to analyze data from field conditions and present written information which substantiates why harm and harassment of the northern spotted owl associated with timber operations will be avoided. The individual shall be able to verify such experience, knowledge and education upon the Director's request. The Director shall refer all SOE qualifications received to the U.S. Fish and Wildlife Service and California Department of Fish and Game for evaluation of qualifications. 

“Spotted Owl Resource Plan” means a plan that demonstrates an approach to preventing a taking of the northern spotted owl while conducting timber harvest operations. A Spotted Owl Resource Plan necessarily involves more than one timber harvest plan area.

“Stable operating surface” means a road or landing surface that can support vehicular traffic and has a structurally sound road base appropriate for the type, intensity and timing of intended use.

“Stand Vigor” is a measure of stand health.  A measure of good stand vigor is an exhibition of characteristics which include large live crowns or leaf surface area, high needle retention, pointed tops, crown dominance relative to other trees in the same age or size class, and disease-free.

“Stocking”	4528(c)

For the Coast Forest District:

“Stocking Standards” mean the resource conservation standards established in 14 CCR 912.7 defining minimum acceptable stocking of an area with commercial tree species (Ref. 14 CCR 912) after the harvesting of timber therefrom.

For the Northern Forest District:

“Stocking standards” mean the resource conservation standards established in 14 CCR 932.7 defining minimum acceptable stocking of an area with commercial tree species (Ref. 14 CCR 932) after harvesting timber therefrom. (Reference: Section 4561, Public Resources Code.)

For the Southern Forest District:

“Stocking standards” mean the resource conservation standards established in 14 CCR 952.7 defining minimum acceptable stocking of an area with commercial tree species (Ref. 14 CCR 952) after harvesting timber therefrom. (Reference: Section 4561, Public Resources Code.)

“Stream”	4528(f)

For the Coast Forest District:

“Stream and Lake Protection Zone” means a strip of soil and vegetation along both sides of a stream or around the circumference of a lake defined as follows: 100 feet (30.48 m) as measured along the surface of the ground from the stream and lake transition line of any stream or lake which supports and is used by trout or anadromous fish at any time of the year, and downstream therefrom; and within 50 feet (15.24 m) as measured along the surface of the ground from the  stream or lake transition line of any other streams or lakes as defined in “Stream” (14 CCR 895.1) or “Lake” in this section except that the above definition may be modified as it pertains to a particular plan when the forester (RPF) and the Director agree, after on-the-ground inspection, if requested by either party, to either increase or decrease the above distances not to exceed 50%, based on soil, slope, or climatic factors necessary to protect soil, water, or fish and wildlife resources. Such changes will be designated on the plan.

“Stream Order” means a classification method based on the branching pattern of watercourses in a watershed. As watercourses of equal order meet, they combine to form a watercourse of the next higher order. A first order watercourse is defined as the smallest unbranched watercourse in the headwaters of a watershed (usually an ephemeral channel). When two first order watercourse channels join, they form a second order watercourse. Similarly, when two second order watercourses join, they form a third order watercourse (See Figure 2). 

Figure 2: Plan view of stream order delineation 

View Graphic

			PRC Sec.
	Defined word or phrase		Containing
			Ref. Def.

For the Northern Forest District:

“Stream and Lake Protection Zone” means a strip of soil and vegetation along both sides of a stream or around the circumference of a lake defined as follows:

(a) 150 feet (45.72 m), as measured along the surface of the ground, from the stream or lake transition line of any stream or lake in areas with an extremely high Estimated Erosion Potential.

(b) 100 feet (30.48 m), as measured along the surface of the ground, from the stream or lake transition line of any stream or lake in areas with high Estimated Erosion Potential.

(c) 50 feet (15.24 m), as measured along the surface of the ground, from the stream or lake transition line of any stream or lake in areas with a moderate or low Estimated Erosion Potential.

The forester (RPF) and the Director may agree, after on-the-ground inspection, if requested by either party, to either increase or decrease the above distances not to exceed 50% on soil, slope, or climatic factors necessary to protect soil, water, or fish and wildlife resources. Such changes will be designated in the plan. (Reference: Section 4562.7, Public Resources Code.)

For the Southern District:

“Stream and Lake Protection Zone” means a required strip of land on each side of perennial streams, lakes and those portions of intermittent streams which support trout at any time of the year, and downstream therefrom; to protect existing water quality and fish and wildlife habitat. The width of the zone shall be determined by on-the-ground investigation. The investigation shall consider:

(a) Soil type and permeability,

(b) The type or types, stabilizing effect, and amount of vegetative cover,

(c) The slope of the land within the zone and its effectiveness in preventing sediment from reaching streams or lakes.

The zone will be 100 feet (30.48 m) from the stream transition line of a perennial stream or lake provided however that said distance may be 50 feet (15.24 m) where the Erosion Potential is low or medium (moderate).

The forester (RPF) and the Director may agree, after on-the-ground inspection, if requested by either party, to either increase or decrease the above distances not to exceed 50%, based on soil, slope, or climatic factors necessary to protect soil, water, or fish and wildlife resources. Such changes will be designated on the plan. (Reference: Section 4562.7, Public Resources Code.)

“Substantial adverse change” means demolition, destruction, relocation, or alteration such that the significance of an archaeological or historical site would be impaired.

“Substantial deviation” means changes that are not “minor deviations” as defined in 895.1 and are presumed to be substantial deviations because they could significantly affect the conduct of timber operations and potentially could have a significant adverse affect on timber productivity or values relating to soil, water quality, watershed, wildlife, fisheries, range and forage, recreation and aesthetic enjoyment. Such actions include, but are not limited to:

(1) Change in location of timber harvesting operations or enlargement of the area to be cut.

(2) Change in the silvicultural method and cutting system on any portion of the plan area.

(3) Change in type or location of logging (yarding) system or basic type of equipment.

(4) Change in location, nature or increase in length of proposed logging roads incorporating one or more of the following criteria:

(A) Any road in the Watercourse and Lake Protection Zone or where sidecast will extend into the Watercourse and Lake Protection Zone.

(B) Any road located in an extreme Erosion Hazard Rating area in the Coast Forest District, extreme Estimated Erosion Potential area in the Northern Forest District, or a high Erosion Potential area in the Southern Forest District.

(C) Any road where the average side slope exceeds 50%.

(D) Any road where unstable areas, active soil movement, or slide areas must be traversed.

(E) Any increase in gradient allowed by the District Rules as an exception and not provided for in the original plan.

(F) Any road extension of more than 600 feet (182.9 m).

(5) Any use of existing roads not shown in the original plan when reconstruction work to allow for vehicle travel will be substantial. Substantial work on an existing road means more than minor repair and dressing of the travel surface and removal of vegetation to allow for vehicle passage.

(6) Use of any roads not shown in the plan which would affect the key habitat of rare or endangered species or other critical wildlife habitat.

(7) Enlargement of landings where such enlargement was not justified in the original plan.

(8) Any change of operation in, or designation of, the Watercourse and Lake Protection Zone.

(9) Any downgrading of stream classification.

(10) A change to winter operation where summer operations was previously specified.

“Substantially damaged timberlands” means areas of timberland where wildfire, insects, disease, wind, flood, or other blight caused by an act of God occurs after January 1, 1976 and the damage reduced stocking below the requirements of PRC 4561 or other higher minimum stocking requirements that may be applicable under Articles 3 and 11 of Subchapter 4, Article 3 of Subchapter 5, and Articles 3 and 11 of Subchapter 6.

“Supervised Designee” means a person who need not be an RPF, acting as an assistant under the supervision of an RPF pursuant to Article 3, Chapter 2, Division 1 of the Public Resources Code. For the purposes of this definition, “supervision” means the RPF must perform regular and timely quality control, work review and inspection, both in the office and in the field, and be able to take, or effectively recommend, corrective actions where necessary; the frequency of review, inspection and guidance shall take into consideration the experience of the non-RPF and technical complexity of the job, but shall be sufficiently frequent to ensure the accomplishment of work to professional standards.

“Suppressed” trees are those which have their crowns in the lower layers of the canopy.  They receive virtually no direct sunlight, and they are generally growing very slowly.

“Surface cover” means the cover of  litter, downed woody material (including slash, living vegetation in contact with the ground, and loose rocks (excluding rock outcrops)) that resist erosion by raindrop impact and surface flow.

“Surface Fuel” means loose surface litter on the soil surface normally consisting of fallen leaves or needles, twigs, bark, cones and small branches that have not yet decayed enough to lose their identity. 

“Sustained Yield” means the yield of commercial wood that an area of commercial timberland can produce continuously at a given intensity of management consistent with required environmental protection and which is professionally planned to achieve over time a balance between growth and removal.

“Take” for federally listed species means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct as stated in 16 United States Code 1532(19).

“Take” for state listed species means to hunt, pursue, catch, capture, or kill, or attempting to do so, pursuant to Fish and Game Code Section 86.

“Temporary road” means a road that is to be used only during the timber operation. These roads have a surface adequate for seasonal logging use and have drainage structures, if any, adequate to carry the anticipated flow of water during the period of use.

“Thalweg riffle crest” means the upstream end of a riffle feature and can be identified as the area where the surface water flow changes from smooth to turbulent. The thalweg is found at the deepest part of the channel. Where the thalweg is measured in a pool, the riffle crest is a high point on a longitudinal profile and the shallowest place at the downstream end of a pool. 

“THP” means Timber Harvesting Plan as described in PRC 4582.

“Tight-lining” means to move rigging from one tailblock location to another and tightening the main line to pull the cable to the new position.

“Timberland”	4526

“Timber falling limitation” is the term used when special falling techniques and falling practices are required for the protection of water quality and beneficial uses, and/or other forest resources.

“Timber operations”	4527

“Timber operator”	4526.5

“Tractor operations” means any activity which is associated with timber operations and is performed by tractors or skidders.

“Tractor roads” means constructed trails or established paths used by tractors or other vehicles for skidding logs. Also known as “skid trails”.

“Tractor yarding” means the system of skidding (transporting) logs by a self-propelled vehicle, generally by dragging the logs with a grapple or chokers.

“Type A owl habitat” means timber stands that have as a minimum the following characteristics for live-tree structure.

1. Canopy layers: The stand has two distinct tiers or is multi-layered with dominant conifers greater than 120 feet tall (trees greater than 90 feet tall on poor sites, less than site III, and for some montane tree species). Conifers or hardwoods dominate the canopy layers less than 120 feet tall.

2. Canopy closure: The canopy closure of conifers greater than 120 feet tall (or greater than 90 feet tall on poor sites, less than Site III, and for some montane tree species) averages greater than 40 percent and not less than 20 percent. The total canopy closure for all trees, conifers or hardwoods, is greater than 60 percent.

3. Large trees: The density of conifers greater than 35 inches d.b.h. averages more than nine stems per acre and not less than six stems per acre and includes a component of trees with sparse, broken, or dead tops.

4. Medium trees: The density of conifers or hardwoods 18 to 35 inches d.b.h. averages more than 15 stems per acre and not less than 8 stems per acre.

5. Small trees: The density of conifers or hardwoods less than 18 inches d.b.h. averages more than 50 stems per acre and not less than 20 stems per acre.

“Type B owl habitat” means timber stands that have as a minimum the following characteristics for live-tree structure.

1. Canopy layers: Moderately to strongly two-tiered or multi-layered with dominant conifers greater than 100 feet tall (greater than 70 feet tall on poor sites, less than site III, and for some montane tree species). Conifers or hardwoods dominate the canopy layers less than 100 feet tall.

2. Canopy closure: The canopy closure of conifers greater than 100 feet tall (or greater than 70 feet tall on poor sites, less than site III, and for some montane tree species) averages greater than 40 percent and not less than 20 percent. The total closure for all trees, conifers or hardwoods, is greater than 60 percent.

3. Large trees: The density of conifers greater than 35 inches d.b.h. averages more than six stems per acre and not less than two stems per acre.

4. Medium trees: The density of conifers or hardwoods 18 to 35 inches d.b.h. averages more than 25 stems per acre and not less than 20 stems per acre.

5. Small trees: The density of conifers or hardwoods less than 18 inches d.b.h. averages more than 50 stems per acre and not less than 20 stems per acre.

“Type C owl habitat” means timber stands that have as a minimum the following characteristics for live-tree structure.

1. Canopy layers: Uniform to moderately layered with dominant conifers or hardwoods 50 to 100 feet although low numbers of emergent trees greater than 100 feet tall may be present.

2. Canopy closure: The canopy closure of conifers or hardwoods 50 to 100 feet tall averages greater than 40 percent and not less than 20 percent. The total canopy closure for all trees, conifers or hardwoods, is greater than 60 percent.

3. Large trees: The density of conifers greater than 35 inches d.b.h. averages less than six stems per acre and may be absent.

4. Medium trees: The density of conifers or hardwoods 18 to 35 inches d.b.h. averages more than 15 stems per acre, but may be absent.

5. Small trees: The density of conifers or hardwoods less than 18 inches d.b.h. averages more than 160 stems per acre and not less than 50 stems per acre. The average d.b.h. for all trees in the stand, including small, medium, and large trees is greater than 10 inches.

“Understory”--Generally, trees and woody species growing under an overstory.

“Unevenaged Management” means management of a specific forest, with the goal of establishing a well stocked stand of various age classes and permits the periodic harvest of individual or small groups of trees to realize the yield and continually establish a new crop.

“Unique area” means special treatment areas defined in the 14 CCR 895.1, 912, 932, 952.

“Unstable areas” are characterized by slide areas or unstable soils or by some or all of the following: hummocky topography consisting of rolling bumpy ground, frequent benches, and depressions; short irregular surface drainages begin and end on the slope; tension cracks and head wall scarps indicating slumping are visible; slopes are irregular and may be slightly concave in upper halt and convex in lower half as a result of previous slope failure; there may be evidence of impaired ground water movement resulting in local zones the surface by sag ponds with standing water, springs, or patches of wet ground. Some or all of the following may be present: hydrophytic (wet site) vegetation prevalent; leaning, jackstrawed or split trees are common; piltol-butted trees with excessive sweep may occur in areas of hummock topography (note: leaning and pistol butted trees should be used as indicators of slope failure only in the presence of other indicators).

“Unstable soils” may be indicated by the following characteristics:

1. Unconsolidated, non-cohesive soils (coarser textured than Loam, as defined in Appendix I.A.1a of Board of Forestry Technical Rule Addendum No. 1 dated December 15, 1981) and colluvial debris including sands and gravels, rock fragments, or weathered granitics. Such soil are usually associated with a risk of shallow-seated landslides on slopes of 65% or more, having non-cohesive soils less than 5 feet deep in an area where precipitation exceeds 4 inches in 24 hours in a 5-year recurrence interval.

2. Soils that increase and decrease in volume as moisture content changes. During dry weather, these materials become hard and rock-like exhibiting a network of polygonal shrinkage cracks and a blocky structure resulting from desiccation. Some cracks may be greater than 5 feet in depth. These materials when wet are very sticky, dingy, shiny, and easily molded.

“Various age classes” means a stand with at least three distinct layers of tree crowns.

“Vegetation protection” is the term used when special measures are required to prevent damage to vegetation for the protection of water quality, the beneficial uses of water, and/or other forest resources.

“Water Quality Requirements means a water quality objective (narrative or numeric), prohibition, TMDL implementation plan, policy, or other requirement contained in a water quality control plan adopted by the Regional Board and approved by the State Water Board.

“Waterbreak” means a ditch, dike, or dip, or a combination thereof, constructed diagonally across logging roads, tractor roads and firebreaks so that water flow is effectively diverted therefrom. Waterbreaks are synonymous with waterbars.

“Watercourse” means any well-defined channel with distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel, or soil, including but not limited to, streams as defined in PRC 4528(f). Watercourse also includes manmade watercourses.

“Watercourse bank” means the portion of the chanel cross-section that confines the normal high water flow

“Watercourse and Lake Protection Zone (WLPZ)” means a strip of land, along both sides of a watercourse or around the circumference of a lake or spring, where additional practices may be required for protection of the quality and beneficial uses of water, fish and riparian wildlife habitat, other forest resources, and for controlling erosion.

“Watercourse Transition Line” 

Watercourse Transition Line for a watercourse without a CMZ, means the line defined by one or more the following features: 1) a change of vegetation from bare surfaces or annual water tolerant species to perennial water tolerant or upland species at least 25 years in age at breast height, 2) physical indicators of scour such as undercut banks, moss lines on rocks, the top of exposed roots along the channels, and 3) a change in the size distribution of surface sediments from gravel to fine sand. See Figure 3 and 3A. 

Figure 3. Indicators for determining a Watercourse Transition Line 

View Graphic

Figure 3A. Indicators for determining a Watercourse Transition Line

View Graphic

			PRC Sec.
	Defined word or phrase		Containing
			Ref. Def.

“Watersheds in the Coastal Anadromy Zone” means any planning watershed(s) in the Central California Coast coho salmon Evolutionary Significant Units (ESU), South Central Steelhead Distinct Population Segment (DPS), Central California Coast steelhead DPS, Northern California steelhead DPS, California Coastal Chinook salmon ESU, and Southern Oregon/Northern California Coast coho salmon ESU, as defined in 70 Federal Register 37160, dated June 28, 2005, where salmonids listed as threatened, endangered, or candidate under the State or Federal Endangered Species Acts are currently present or can be restored. Official maps of ESUs and DPSs are found at http://swr.nmfs.noaa.gov/recovery/Salm_Steel.htm. as published on January 1, 2010. 

[The following definitions in italics are effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective]

“Watersheds with Coho Salmon” means any planning watershed(s) where coho salmon (Oncorhynchus kisutch) have been documented by the Department of Fish and Game to be present during or after 1990. In Watersheds with Coho Salmon, the following definitions apply:

	“Road Maintenance” means activities used to maintain and repair roads involving minor manipulation of the road prism to produce a stable operating surface and to ensure road drainage facilities, structures, cutbanks and fillslopes are kept in a condition to protect the road, minimize erosion, and to prevent sediment discharge into a watercourse or lake. Examples of road maintenance include shaping and/or rocking a road surface; installation and maintenance of rolling and critical dips; restoring functional capacity of inboard ditches, cross drains, or culverts; and repairing water bars.

	“Road Prism” means all parts of a road including cut banks, ditches, road surfaces, road shoulders, and road fills.

	“Stable Operating Surface” means a road or landing surface that can support vehicular traffic and that routes water off of the road surface or into drainage facilities without concentrating flow in ruts (tire tracks), pumping of the road bed, or ponding flow in depressions. A stable operating surface shall include a structurally sound road base appropriate for the intended use. The number, placement, and design of drainage facilities or drainage structures on a stable operating surface prevents the transport of fine-grained materials from the road or landing surface into watercourses in quantities deleterious to the beneficial uses of water.

“Watersheds with listed anadromous salmonids” means any planning watershed where populations of anadromous salmonids that are listed as threatened, endangered, or candidate under the State or Federal Endangered Species Acts, are currently present or can be restored. 

“Wet Meadows and other wet areas” mean those natural areas except cutover timberland which are moist on the surface throughout most of the year and support aquatic vegetation, grasses and forbs as their principal vegetative cover.

“While giving consideration” means the selection of those feasible silvicultural systems, operating methods and procedures which substantially lessen significant adverse impact on the environment and which best achieve long-term, maximum sustained production of forest products, while protecting soil, air, fish and wildlife, and water resources from unreasonable degradation, and which evaluate and make allowance for values relating to range and forage resources, recreation and aesthetics, and regional economic vitality and employment.

“Winter period” means the period between November 15 to April 1, except as noted under special County Rules at 14 CCR, Article 13 § 925.1, 926.18, 927.1, and 965.5.

“Woody debris” means woody material four inches and greater in diameter and no less than two feet long left on the ground as the result of timber operations.

“Yarding” means the movement of forest products from the point of felling to a landing.

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1All Coastal Commission Special Treatment Areas were adopted by the Coastal Commission on July 5, 1977, and they include several specially identified areas, buffer zones adjacent to designated highways within Coastal Scenic View Corridors, and buffer zones adjacent to publicly owned preserves and recreation areas. Maps or designations of Coastal Commission Special Treatment Areas are on file in department offices in the Coast Forest District. Coastal Commission Special Treatment Areas have been designated according to the following criteria:
A. Scenic View Corridors 
B. Sites of significant scenic value 
C. Wetlands, lagoons, streams, estuaries, and marine environments 
D. Significant animal and plant habitat areas 
E. Recreation areas
The Coastal Commission has also set forth in its designations special management objectives considered essential by the Coastal Commission for the protection of public values within the Coastal Zone.
The following is a listing of the Coastal Commission Special Treatment Areas. In parentheses following the name of each area are capital letters indicating the specific criteria as listed above. The letters referencing the criteria are listed in order of priority of the significance of the various criteria applicable to the area.
(a) Del Norte County. Elk Creek Valley (C), Sitka Spruce Grove (D,A), False Klamath Cove (B,A), Klamath River (B,A,C).
(b) Humboldt County. Freshwater Lagoon (B,C,E), Stone Lagoon (A,B,C,E), Big Lagoon (A,C,B), Big Lagoon Bog (B,C,E), Agate Beach Bluff (B,A), Mattole River (B,C). The King Range National Conservation Area forestlands that parallel the beach: All private inholdings that are within view of the beach trail that are in the recreational zoned western slopes.
(c) Mendocino County. Usal Creek (A,C), Rockport Beach (B), Hardy Creek Knoll (B), Westport (B), Ten Mile River (B,C), Noyo River (A,B,C), Caspar and Doyle Creeks (A), Big River (A,B,C,E), Albion River (A,B,C,D), Navarro River 
(B,C,A), Navarro to Irish Beach Terrace (A,B), Elk Creek (C,B), Gualala River (B,C).
(d) Sonoma County. Gualala River (B,C), Sea Ranch Area (A), Stewarts Point Area (A), Horseshoe Cove Area (C,B,E), Stockoff Creek and Kolmer Gulch (B,C,D), Fort Ross (A,B), Mill Gulch (A,B), Timber Gulch (A,B), Russian Gulch (A), Sawmill Gulch (A), Sheephouse Creek (A,C,D), Duncan Mills Marsh (A,C,D), South Side of the Russian River (A,B,C,D,E), Willow Creek Headwaters (C,D), Jenner Gulch (C,D), Slaughterhouse Gulch (A,D), Furlong Gulch (A,D), Scotty Creek (C,D), Rough Creek (C,D).
(e) San Mateo County. San Pedro Valley (A), South Montara Mountain (A,B), Butano Panorama (B,E), Ano Nuevo Uplands (A,B,E).
(f) Santa Cruz County. Ano Nuevo Uplands (A,B,E), Waddell Creek (A,B,C,E), Bonny Doon Botanic Area (B,D), Molino Creek (A,B).
(g) Buffer Zones within Coastal Scenic View Corridors in Del Norte, Humboldt and Mendocino Counties.
(1) Del Norte County. Highway 101 from Crescent City to Smith River town along the west side of the highway.
(2) Humboldt County.
(A) Highway 101 from the Moonstone-Westhaven Exit to Big Lagoon Bridge along both sides of the highway.
(B) Old Highway 101 from Trinidad north to Patrick's Point State Park entrance along both sides of the road.
(3) Mendocino County. Highway 1 from Ten Mile River to Sonoma County line along both sides of the highway.
(h) Buffer Zones adjacent to all publicly owned preserves and recreation areas, including national, state, regional, county, and municipal parks.

2 Coastal Commission Special Treatment Areas have been designated according to the following criteria:

A. Scenic View Corridors

B. Sites of Significant Scenic Value

C. Wetlands, Lagoons, Streams, Estuaries, and Marine Environments

D. Significant Animal and Plant Habitat Areas

E. Recreation Areas

The Coastal Commission has also set forth in its designations special management objectives considered essential by the Coastal Commission for the protection of public values within the Coastal Zone.

The following is a listing of the Coastal Commission Special Treatment Areas. In parentheses following the name of each area are capital letters indicating the specific criteria as listed above. The letters referencing the criteria are listed in order of priority of the significance of the various criteria applicable to the area.

(a) Monterey County. Del Monte Forest (A,B,D,E), Pt. Lobos Uplands (A,B,D), Malpaso Creek (B), Doud Creek (B), False Sur (B), Little Sur (A,B,C,E), Molera Uplands (A,B,C,E), Big Sur Valley (A,B,C,E), Sycamore Canyon (A), Post Creek (A,B,C,E), Grimes Canyon (A), Toree Canyon (B), Partington Canyon (B,E) McWay Canyon (B), Anderson Canyon (A,B), Burns Creek (A), Hot Springs Canyon (B,E), Lucia Area Canyonmouths (B,E), Mill Creek (B,E).

(b) San Luis Obispo County. Cambria Monterey Pines (A,B)

(c) Publicly Owned Preserves and Recreation Areas. Coastal Commission Special Treatment Areas include those forested areas within the Coastal Zone within 200 feet (60.96 m) of all publicly owned preserved and recreation areas including national, state, regional, county, and municipal parks.

Table 1. RELATIONSHIP OF STANDARD SILVICULTURAL TREATMENTS TO
OBJECTIVES AND STAND CONDITIONS
(Refer to “Regeneration Method”)

View Graphic
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4561, 4561.5, 4561.6, 4562, 4562.5, 4562.7 and 4591.1, Public Resources Code. Reference: Sections 4512, 4513, 4525.5, 4525.7, 4526, 4551, 4551.5, 4561, 4561.6, 4562, 4562.5, 4562.7, 4583.2, 4591.1, 21001(f), 21080.5, 21083.2 and 21084.1, Public Resources Code; CEQA Guidelines Appendix K (printed following Section 15387 of Title 14 Cal. Code of Regulations), Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82 and Joy Road Area Forest and Watershed Association, v. California Department of Forestry & Fire Protection, Sonoma County Superior Court No. SCV 229850.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Amendment by adding new definition subsections “Owl habitat,” “Range of the Northern Spotted Owl,” “Take,” “Harm,” “Harass,” “Type A owl habitat,” “Type B owl habitat,” and “Type C owl habitat,” filed 7-23-90 as an emergency; operative 7-23-90 (Register 90, No. 40). A Certificate of Compliance must be transmitted to OAL by 11-20-90 or emergency language will be repealed by operation of law on the following day.
3. Repeal of new definition subsections and reinstatement of section as it existed prior to 7-23-90 emergency addition of definition subsections, “Owl habitat,” “Range of the Northern Spotted Owl,” “Take,” “Harm,” “Harass,” “Type A owl habitat,” “Type B habitat,” and “Type C owl habitat,” by operation of Government Code section 11346.1(f) (Register 91, No. 4).
4. New definition subsections “Functional nesting habitat,” “Functional roosting habitat,” “Functional foraging habitat,” “Owl habitat,” “Range of the Northern Spotted Owl,” “Spotted owl resource plan,” “Take,” “Harm,” “Harass,” “Type A owl habitat,” “Type B owl habitat,” “Type C owl habitat,” filed 11-21-90 as an emergency; operative 11-21-90 (Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by 3-21-91 or emergency language will be repealed by operation of law on the following day.
5. Amendment deleting “slide prone areas” filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
6. Repeal of new definition subsections and reinstatement of section as it existed before addition of definition subsections, “Owl habitat,” “Range of the Northern Spotted Owl,” “Take,” “Harm,” “Harass,” “Type A owl habitat,” “Type B owl habitat,” and “Type C owl habitat” by emergency filed 11-21-90, by operation of Government Code section 11346.1(f) (Register 91, No. 16).
7. Amendment by adding new definition subsections “Functional nesting habitat,” “Functional roosting habitat,” “Functional foraging habitat,” “Owl habitat,” “Range of the Northern Spotted Owl,” “Spotted owl resource plan,” “Take,” “Harm,” “Harass,” “Type A owl habitat,” “Type B owl habitat,” “Type C owl habitat,” filed 3-25-91 as an emergency; operative 3-25-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-23- 91 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 3-25-91 order including amendments transmitted to OAL on 4-26-91 and filed 5-28-91 (Register 91, No. 28).
9. Amendment of definition “Species of Special Concern” filed 6-27-91 as an emergency; operative 6-27-91 (Register 91, No. 41). A Certificate of Compliance must be transmitted to OAL by 10-24-91 or emergency language will be repealed by operation of law on the following day.
10. Amendment of section adding definitions “unevenaged management,” “sustained yield,” “small group,” “specific forest,” “unique area,” and “various age classes” filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
11. Amendment of section adding definitions “Lopping for Fire Hazard Reduction” and “Brood Material” filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
12. Amendment adding definition for “Listed Species” filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
13. Amendment of “Species of Special Concern” to “Sensitive Species” filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
14. Adoption of “Compatible use,” “Cumulative impacts,” “Effects,” “Projects,” “Past projects,” and “Reasonably Foreseeable Probable future projects,” and amendment of “Feasible,” “While giving consideration,” and Note filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
15. Adoption of “Canopy,” “Overstory,” “Riparian,” “Surface cover,” “Understory,” and “Watercourse Bank,” and amendment of “Beneficial Use” and “Watercourse and Lake Protection Zone” filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
16. Amendment to “Sensitive Species” filed 11-1-91 as an emergency; operative 11-1-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 3-2-92 or emergency language will be repealed by operation of law on the following day.
17. Adoption of “Ancient Forest,” “Planning Watershed,” “Functional Wildlife Habitat,” “Maximum Sustained Production of High Quality Timber Products,” “Percent Weighted Average Basal Area Removed,” and “Old Growth Forest” filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 3-4-92 or emergency language will be repealed by operation of law on the following day.
18. Adoption of “Significant archaeological or historical site” and amendment of “Special Treatment Areas” filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
19. Certificate of Compliance as to ``Planning Watershed'' and ``Functional Wildlife Habitat'' in 11-25-91 order, including amendment of these definitions, transmitted to OAL 2-20-92 and filed 4-2-92; operative 5-4-92 (Register 92, No. 26).
20. Amendment of “Sensitive Species” filed 5-19-92; operative 6-18-92 (Register 92, No. 26).
21. Addition of “Species” filed 8-31-92; operative 9-30-92 (Register 92, No. 36).
22. Adoption of “Stand of Pacific Yew” filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
23. Adoption of “Late succession forest stands” and “Long-term significant adverse effect on fish, {etc.}” filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
24. Adoption of “Adequate Site Occupancy,” “Codominants,” “Dominants,” “Intermediate Treatments,” “Intermediates,” “Lake,” “Long Term Sustained Yield,” “Marking,” “Predominant,” “Seed Tree,” “Stand Vigor” and “Suppressed,” and amendment of  “Logging Area” and “Small Group” filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
25. “Stand of Pacific Yew” repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
26. Amendment of  “Adequate site occupancy” filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
27. New definitions “Diseased trees” and “Dying trees” filed 8-31-94; operative 1-1-95 (Register 94, No. 35).
28. Editorial correction of History Note 18 (Register 95, No. 14).
29. New definitions “Domestic water use,” “Equipment exclusion zone (EEZ),” “Equipment limitation zone (ELZ)”, amendment of “Logging area” and new definition “Reconstruction of existing tractor roads” filed 8-7-95; operative 8-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 32).
30. Amendment of “Saturated oil conditions” filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
31. Editorial correction restoring alphabetical order to definitions (Register 96, No. 45).
32. Relocation of all definitions from section 1036 to section 895.1; amendment of “Planning Watershed”;  relocation of all definitions from former section 912 to section 895.1; relocation of “Southern Subdistrict” from section 907.1 to section 895.1; relocation of all definitions from former section 932 to section 895.1; relocation of all definitions from former section 952 to section 895.1; and amendment of Note filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
33. Editorial correction removing duplicative Note (Register 96, No. 48).
34. Amendment adding definitions of “Confidential Archaeological Addendum,” “Current archaeological records check,” “Damaging effects,” “Native Americans,” “Professional Archaeologist,” “Site survey area” and “Substantial adverse change”; amendment of “Significant archaeological or historical site” and amendment of Note filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
35. Amendment adding definitions of “Program Timberland Environmental Impact Report” and “Program Timber Harvesting Plan” filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
36. Change without regulatory effect adding definition “Approved and legally permitted structure” filed 9-26-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
37. Amendment adding definitions of “Community Fuelbreak Area” and “Public fire agency” filed 11-19-97; operative 1-1-98 (Register 97, No. 47).
38. Amendment of “Saturated Soil Conditions” and “Winter Period” filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
39. New definition “Scattered parcel” filed 11-24-97; operative 1-1-98 (Register 97, No. 48).
40. New definition “Woody debris” filed 11-24-97; operative 1-1-98 (Register 97, No. 48).
41. New definitions “Archaeological Coverage Map” and “Confidential Archaeological Letter,” amendment of definition of  “Confidential Archaeological Addendum” and adoption of Confidential Archaeological Addendum Form and amendment of Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
42. New definition “Supervised Designee,” amendment of “Perch tree,” “Replacement tree,” and “Screening trees,” and amendment of Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
43. Amendment of definition of “Winter period” filed 4-21-99; operative 1-1-2000 pursuant to Public Resources Code section 4554.5 (Register 99, No. 17).
44. Editorial correction correcting definitions “Community fuelbreak area,” “Danger tree,” “Drainage facilities,” “Slide area” and “Wet meadows and other wet areas”; restoring inadvertently omitted definitions “Erosion controls” and “Prescribed maintenance period”; and implementing repeal and deletion of definitions “Ancient forest,” “Maximum sustained production of high quality timber products,” “Old growth forest” and “Percent weighted average basal area removed” (Register 99, No. 26).
45. Amendment adding definitions of “Bankfull stage,” “Beneficial Functions of Riparian Zone,” “Channel zone,” “Inner gorge” and “Watersheds with threatened or impaired values,” amending definitions of “Saturated soil conditions” and “Watercourse or Lake Transition Line” and adding last paragraph filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
46. Amendment of last subsection filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
47. Amendment of definition of ``Plan” filed 12-1-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
48. Amendment of definitions of ``Inner Gorge,” ``Saturated soil conditions,” ``Stable operating surface,” and ``Watercourse or Lake Transition Line” and amendment of last paragraph filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
49. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
50. New definition for “Limiting Factors for Anadromous Salmonids,” and “Watercourse Order” filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
51. New definition ``Decadent and Deformed Trees of Value to Wildlife” filed 11-14-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 46).
52. Amendment of definitions ``Archaeological Coverage Map,” ``Confidential Archaeological Addendum,” ``Confidential Archaeological Letter,” ``Native Americans” and ``Significant Archaeological or Historical Site,” new definitions ``Native American Contact List” and ``Native American Archaeological or Cultural Site” and repealer of ``Confidential Archaeological Addendum for Timber Operations on Non-Federal Lands in California” filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
53. Change without regulatory effect repealing definitions for “Limiting Factors for Anadromous Salmonids” and “Watercourse Order” filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
54. Amendment of last paragraph filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
55. New definitions “Average Severe Fire Weather Conditions” and “Mainline road” filed 6-25-2004 as an emergency; operative 6-25-2004 (Register 2004, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
56. New definitions “Average Severe Fire Weather Conditions” and  “Mainline road” refiled 10-12-2004 as an emergency; operative 10-26-2004 (Register 2004, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-23-2004 or emergency language will be repealed by operation of law on the following day.
57. Editorial correction of definition of “Late succession forest stands” (Register 2005, No. 5).
58. New definitions “Average Severe Fire Weather Conditions” and “Mainline road” refiled 2-22-2005 as an emergency; operative 2-24-2005 (Register 2005, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-24-2005 or emergency language will be repealed by operation of law on the following day.
59. New definition of “Lake Tahoe Region” filed 6-21-2005 as an emergency; operative 6-21-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-19-2005 or emergency language will be repealed by operation of law on the following day.
60. Certificate of Compliance as to 2-22-2005 order transmitted to OAL 6-23-2005 and filed 8-5-2005. Amendments to emergency language effective 1-1-2006 pursuant to Public Resources Code section 4554.5(a) (Register 2005, No. 31).
61. New definition of “Lake Tahoe Region” refiled 10-13-2005 as an emergency; operative 10-13-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-10-2006 or emergency language will be repealed by operation of law on the following day.
62. New definition of “Lake Tahoe Region” refiled 2-10-2006 as an emergency; operative 2-10-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-12-2006 or emergency language will be repealed by operation of law on the following day.
63. Reinstatement of section as it existed prior to 2-10-2006 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 24).
64. New definition of “Lake Tahoe Region” refiled 6-16-2006 as an emergency; operative 6-16-2006 (Register 2006, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-16-2006 or emergency language will be repealed by operation of law on the following day.
65. Amendment of last paragraph filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
66. Certificate of Compliance as to 6-16-2006 order transmitted to OAL 9-7-2006 and filed 10-11-2006. Further amendments to emergency language effective 1-1-2007 pursuant to Public Resources Code section 4554.5(a) (Register 2006, No. 41).
67. Amendment of definition of “Emergency” filed 7-9-2007 as an emergency; operative 7-9-2007 (Register 2007, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-7-2008 or emergency language will be repealed by operation of law on the following day.
68. Amendment of last paragraph filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
69. New definitions for “Historic Road,” “Logging Road Surface Drainage Network,” “Permanent Road Network,” “Road Management Plan” and “Road Management Unit” filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
70. Repealer of definition for “Average Severe Fire Weather Conditions,” new definition for “Ladder Fuels,” amendment of definition for “Mainline Road” and new definition for “Surface Fuel” filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
71. New definition for “Watersheds with Coho Salmon” and new definitions for “Connected Headwall Swale,” “Hydrologic Disconnection,” “Inside Ditch Hydraulic Capacity,” “Road Decommissioning,” “Road Maintenance,” “Road Prism,” “Scour,” “Sediment Filter Strip,” “Stable Operating Surface,” “Watercourse Sideslope” and “Watercourse Sideslope Class” specifically applicable to Watersheds with Coho Salmon filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
72. Editorial correction restoring inadvertently deleted definition of “Diseased Trees” (Register 2008, No. 36).
73. Amendment of definition of “Yarding” filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
74. New definition of “Northern Spotted Owl Evaluation Area,” repealer of definitions of “Range of the Northern Spotted Owl” and “Take” and new definitions of “Take for federally listed species” and “Take for state listed species” filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5 (Register 2008, No. 45).
75. Change without regulatory effect amending first paragraph, adopting definition of “CAL FIRE Review Team Office,” amending definitions of “Department,” “Director”, “District” and “Diseased Trees” and relocating and amending definition of “Native American Contact List” filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
76. New definitions of “Activity Center,” “Northern Spotted Owl Breeding Season” and  “Spotted Owl Expert” filed 11-25-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.4 (Register 2009, No. 48).
77. New definitions of “Channel Migration Zone,” “Confined Channel,” “Flood Flow,” “Flood Prone Area,” “Fluvial,” “Hydric,” “Hydrologic Disconnection,” “Lake Transition Line,” “Pre-existing Large Wood,” “Properly Functioning Salmonid Habitat,” “Riparian-Associated Species,” “Stream Order,” “Thalweg riffle crest,” “Watercourse Transition Line” and “Watersheds in the Coastal Anadromy Zone,” amendment of definitions of “Channel zone,” “Saturated soil conditions” and “Stable operating surface,” redesignation and amendment of former definition of “Watersheds with threatened or impaired values” to “Watersheds with listed anadromous salmonids,” repealer of definitions of “Fifty-Year Flood Flow” and “Watercourse or Lake Transition Line” and repealer of last paragraph filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
78. Change without regulatory effect amending current definition of “Winter period” and repealing pre-2000 definition of “Winter period” filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17).
79. Change without regulatory effect repealing definitions of “Connected Headwall Swale,” “Hydrologic Disconnection,” “Inside Ditch Hydraulic Capacity,” “Road Decommissioning,” “Scour,” “Sediment Filter Strip,” “Watercourse Sideslope” and “Watercourse Sideslope Class” (within definition of “Watersheds with Coho Salmon”) filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
80. New definition of “Water Quality Requirements” filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
81. Repeal of 7-9-2007 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 6).
82. New definition of “Significant new information” and amendment of Note filed 1-5-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 1).
Article 1. Introduction
§896. General.
Note     •     History

(a) The purpose of the Forest Practice Rules is to implement the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 in a manner consistent with other laws, including but not limited to, the Timberland Productivity Act of 1982, the California Environmental Quality Act (CEQA) of 1970, the Porter Cologne Water Quality Act, and the California Endangered Species Act. The provisions of these rules shall be followed by Registered Professional Foresters (RPF's) in preparing Timber Harvesting Plans, and by the Director in reviewing such plans to achieve the policies of the Act as described in Sections 4512, 4513, 21000, 21001, and 21002 of the Public Resources Code (PRC), and Sections 51101, 51102 and 51115.1 of the Government Code.
It is the Board's intent that no THP shall be approved which fails to adopt feasible mitigation measures or alternatives from the range of measures set out or provided for in these rules which would substantially lessen or avoid significant adverse impacts which the activity may have on the environment. The THP process substitutes for the EIR process under CEQA because the timber harvesting regulatory program has been certified pursuant to PRC Section 21080.5. In recognition of that certification and PRC Section 4582.75, these rules are intended to provide the exclusive criteria for reviewing THPs. If the Director believes that there are significant adverse environmental impacts not covered in existing rules, matters should be referred to the Board as otherwise specified in these rules.
(b) The provisions of this subchapter shall be applied in all forest districts.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4512, 4513, 4582.75 and 21080.5, Public Resources Code; Sections 51101 and 51102, Government Code; and  Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.
HISTORY

1. New subchapter 2 (sections 896-903.2) filed 1-20-78 as an emergency; effective upon filing. Certificate of Compliance included (Register 78, No. 3).
2. New NOTE filed 5-19-78 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20). 
3. Amendment of subsection (a) and Note filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
§897. Implementation of Act Intent.
Note     •     History

(a) RPFs who prepare plans shall consider the range of feasible silvicultural systems, operating methods and procedures provided in these rules in seeking to avoid or substantially lessen significant adverse effects on the environment from timber harvesting. RPFs shall use these rules for guidance as to which are the most appropriate feasible silvicultural systems, operating methods and procedures which will carry out the intent of the Act.
While giving consideration to measures proposed to reduce or avoid significant adverse impacts of THPs on lands zoned TPZ, the RPF and Director shall include the following legal consideration regarding feasibility:
The Timberland Productivity Act restricts use of lands zoned Timberland Production Zone to growing and harvesting timber and compatible uses and establishes a presumption that timber harvesting is expected to and will occur on such lands.
(b) In determining whether a THP conforms to the intent of the Act, the Director shall be guided by the following principles:
(1) The goal of forest management on a specific ownership shall be the production or maintenance of forests which are healthy and naturally diverse, with a mixture of trees and understory plants, in which trees are grown primarily for the production of high quality timber products and which meet the following objectives:
(A) Achieve a balance between growth and harvest over time consistent with the harvesting methods within the rules of the Board.
(B) Maintain functional wildlife habitat in sufficient condition for continued use by the existing wildlife community within the planning watershed.
(C) Retain or recruit late and diverse seral stage habitat components for wildlife concentrated in the watercourse and lake zones and as appropriate to provide for functional connectivity between habitats.
(D) Maintain growing stock, genetic diversity, and soil productivity.
(2) Individual THPs shall be considered in the context of the larger forest and planning watershed in which they are located, so that biological diversity and watershed integrity are maintained within larger planning units and adverse cumulative impacts, including impacts on the quality and beneficial uses of water are reduced. 
(3) While the responsibility for implementation of the Act and rules belongs to the Director and the Department, RPFs who prepare plans have the responsibility to provide the Director with information about the plan and resource areas and the nature and purpose of the operations proposed which is sufficiently clear and detailed to permit the Director to exercise the discretion and make the determinations required by the Act and rules. The information in proposed plans shall also be sufficiently clear and detailed to permit adequate and effective review by responsible agencies and input by the public to assure that significant adverse individual and cumulative impacts are avoided or reduced to insignificance.
(c) The Director shall use the standards provided in these rules when reviewing plans to determine if they conform to the rules and regulations of the Board and the provisions of the Act. In specific circumstances provided in these rules, the Director shall disapprove plans because they conflict with the intent of the Act as interpreted by the Board.
(d) Due to the variety of individual circumstances of timber harvesting in California and the subsequent inability to adopt site-specific standards and regulations, these rules use judgmental terms in describing the standards that will apply in certain situations. By necessity, the RPF shall exercise professional judgment in applying these judgmental terms and in determining which of a range of feasible (see definition 14 CCR 895.1) silvicultural systems, operating methods and procedures contained in the rules shall be proposed in the plan to substantially lessen significant adverse impacts on the environment from timber harvesting. The Director also shall exercise professional judgment in applying these judgmental terms in determining whether a particular plan complies with the rules adopted by the Board and, accordingly, whether he or she should approve or disapprove a plan. The Director shall use these rules to identify the nature of and the limits to the professional judgment to be exercised by him or her administering these rules.
(e) Based upon site-specific conditions where, in the judgment of the RPF, the application of rules pertaining to how a timber operation will be conducted will not achieve the intent of the Act and rules, and where the RPF can describe a practice(s) which will meet or exceed the intent of the Act and rules, the RPF may prescribe an alternative practice(s) in lieu of those in the rules. The practice(s) shall:
(1) be explained and justified by clear and convincing evidence in the plan;
(2) be written so they provide clear instructions and enforceable standards for the timber operator; 
(3) provide a result(s) at least equal to that of the rule(s) to be supplanted; and
(4) provide that, where appropriate for the alternative practice, the plan submitter is responsible for retaining an RPF to aid in interpreting the THP to the timber operator and timberland owner on a continuing basis to help assure compliance with the alternative.
(f) No alternative practice(s) as described in this section may be prescribed by an RPF or approved by the Director under this section in lieu of the following rules:
(1) the rules contained in Subchapter 2 (Application of Forest Practice Rules); Article 2 (Definitions, Ratings, and Standards) and Article 11 (Coastal Commission Special Treatment Areas) of Subchapter 4 (Coast Forest District Rules); Article 2 (Definitions, Ratings, and Standards) of Subchapter 5 (Northern Forest District Rules); Article 2 (Definitions, Ratings, and Standards) and Article 11 (Coastal Commission Special Treatment Areas) of Subchapter 6 (Southern Forest District Rules); and Subchapter 7 (Administration) of Chapter 4, Division 1.5 of the California Code of Regulations; or
(2) any rule pertaining to the width of the special treatment area adjacent to a wild and scenic river declared pursuant to PRC 5093.50, et seq.; or
(3) any rules or parts of rules that incorporate practices or standards specified in the Forest Practice Act.
(g) No alternative practices as described in this section can be used in counties which have had rules adopted under section 4516.5 of the Public Resources Code unless it is specifically adopted for the county.
(h) The Director shall not accept for inclusion in a THP any alternative practice as described in this section where two or more agencies listed in 4582.6 of the PRC and 14 CCR 1037.3 have submitted written comments which lead the Director to the conclusion that the proposed alternative will not meet the intent of the Act and rules, and the agencies participated in the review of the plan, including any on-the-ground inspection.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 4582.75, Public Resources Code; Sections 51101, 51102 and 51115.1, Government Code; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
3. New subsection (d) filed 12-4-85; effective thirtieth day thereafter (Register 85, No. 49).
4. Amendment of subsection (a) and Note filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
5. New subsections (b)(1)-(3) and subsection relettering filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to emergency amendment filed 3-25-92 by operation of Government Code section 11346.1(f) (Register 92, No. 26).
7. New subsections (b)-(b)(3) and subsection relettering filed 4-2-92; operative 5-2-92 (Register 92, No. 26).
8. Editorial correction restoring inadvertently omitted subsections (c)-(h), amending History 6 and adding History 7 (Register 94, No. 29).
9. Amendment of subsections (a) and (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
10. Amendment of subsections (b)(3), (e)(1)-(3), (f)(1) and (h) filed 12-2-99; operative 1-1-2000 pursuant to Government Code section 11343.4(a) and Public Resources Code section 4554.5 (Register 99, No. 49).  
§897.1. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4551.5, Public Resources Code.
HISTORY

1. New section filed 2-17-94 as an emergency; operative 2-17-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-17-94 or emergency language will be repealed by operation of law on the following day.
2. Repealer filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
Article 2. Preparation and Review of Timber Harvesting Plans
§898. Feasibility Alternatives.
Note     •     History

After considering the rules of the Board and any mitigation measures proposed in the plan, the RPF shall indicate whether the operation would have any significant adverse impact on the environment. On TPZ lands, the harvesting per se of trees shall not be presumed to have a significant adverse impact on the environment. If the RPF indicates that significant adverse impacts will occur, the RPF shall explain in the plan why any alternatives or additional mitigation measures that would significantly reduce the impact are not feasible.
Cumulative impacts shall be assessed based upon the methodology described in Board Technical Rule Addendum Number 2, Forest Practice Cumulative Impacts Assessment Process and shall be guided by standards of practicality and reasonableness. The RPF's and plan submitter's duties under this section shall be limited to closely related past, present and reasonably foreseeable probable future projects within the same ownership and to matters of public record. The Director shall supplement the information provided by the RPF and the plan submitter when necessary to ensure that all relevant information is considered.
When assessing cumulative impacts of a proposed project on any portion of a waterbody that is located within or downstream of the proposed timber operation and that is listed as water quality limited under Section 303(d) of the Federal Clean Water Act, the RPF shall assess the degree to which the proposed operations would result in impacts that may combine with existing listed stressors to impair a waterbody's beneficial uses, thereby causing a significant adverse effect on the environment. The plan preparer shall provide feasible mitigation measures to reduce any such impacts from the plan to a level of insignificance, and may provide measures, insofar as feasible, to help attain water quality standards in the listed portion of the waterbody. 
The Director's evaluation of such impacts and mitigation measures will be done in consultation with the appropriate RWQCB. 
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 4582.75, Public Resources Code; and  Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.
HISTORY

1. New NOTE filed 5-19-8 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20).
2. Amendment filed 2-21-79; effective thirtieth day thereafter (Register 79, No. 9).
3. Amendment of NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
4. Amendment filed 3-2-79 as an emergency; designated effective 3-23-79. Certificate of Compliance included, (Register 79, No. 9).
5. Repealer and new section filed 7-3-86; effective thirtieth day (Register 86, No. 27). 
6. Amendment filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
7. Amendment of first paragraph filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
8. Amendment adding last three paragraphs filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
9. Amendment of subsection (a) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
10. Amendment of subsection (a) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
11. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
12. Amendment of subsection (a) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
13. Amendment of subsection (a) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
14. Amendment of subsection (a) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
15. Amendment of subsection (a) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
16. Repealer of subsection (a) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§898.1. Review of Plan by Director.
Note     •     History

The Director shall review plans to determine if they are in conformance with the provisions of PRC 4582.75 which requires that rules adopted by the Board shall be the only criteria employed by the Director in reviewing plans pursuant to PRC 4582.7.
(a) In reviewing plans, the Director shall apply all applicable rules promulgated by the Board.
(b) When in doubt as to the feasible alternative which best carries out the intent of the Act, the Director shall seek the advice of other state agencies charged with protecting the public interest in forest-related resources.
(c) In reviewing plans, the Director shall disapprove all plans which:
(1) Do not incorporate feasible silvicultural systems, operating methods and procedures that will substantially lessen significant adverse impacts on the environment.
(2) Would not meet the requirements of individual rules which provide a range of feasible alternatives through which to carry out the intent of the Act.
(3) Meet the special conditions for disapproval set by the Board in 14 CCR 898.2.
(d) In reviewing plans, if the Director finds that a plan cannot be approved without a change in the conduct of timber operations, the Director shall, consistent with the rules and procedures adopted by the Board, communicate with the preparer of the plan, explain any probable causes for disapproval and suggest possible mitigation measures. The preparer of the plan shall then have the opportunity to respond to the Director and provide appropriate mitigation measures prior to the end of the public comment period.
(e) If the Director disapproves a plan, the Director shall, consistent with the rules and procedures adopted by the Board, provide to the preparer of the plan written reasons for disapproval.
(f) If the Director finds no feasible, less damaging alternatives that conform with the rules, the Director shall approve such plan unless approval threatens to cause immediate, significant, and long-term harm to the natural resources of the state. In the event of such a threat, the Director shall withhold decision on the plan and shall follow procedures developed by the Board pursuant to PRC 4555.
(g) If the Director determines that (1) all feasible mitigation measures or alternatives which are available to substantially reduce or avoid any significant adverse impacts of a THP have been selected; (2) significant adverse impacts remain; (3) the plan otherwise complies with the rules of the Board; and (4) an emergency situation does not exist under PRC Section 4555, the Director shall not approve the plan unless the Director also determines that the benefits of the THP outweigh any significant, unavoidable adverse impacts. If the Director makes such a determination and approves the THP, the Notice of Conformance shall include an explanation of the basis for finding that the conditions 1-3 herein are met and for determining that the THP's benefits outweigh any unavoidable significant adverse impacts.
In making such a determination for THPs on lands zoned TPZ the Director shall give consideration to the Legislature's objectives in enacting the Timberland Productivity Act of 1982 (“TPA”) and the objectives of the FPA including sustained forest productivity. The TPA-associated benefits to be weighed against any significant unavoidable adverse impacts shall include, but not be limited to:
(1) ensuring consistency with the restriction of the use of TPZ lands to growing and harvesting timber and compatible uses;
(2) making cumulative progress toward (a) realizing the productive potential of the forest resources of the state and (b) providing a favorable climate for long-term investment in forest resources, thereby discouraging the premature and unnecessary conversion of timberland to urban and other uses; and
(3) ensuring consistency with the Legislature's declaration that timber operations may reasonably be expected to and will occur on lands zoned TPZ.
(h) In determining whether the public benefits of the THP outweigh any unavoidable significant adverse impacts pursuant to (g) above, the Director may request information as needed to evaluate potential job loss, negative economic impacts on the community, business closings, loss of property by owners, probable conversion to other uses, estate taxes and other factors as appropriate.
NOTE

Authority cited: Section 4582, Public Resources Code. Reference: Sections 4555, 4582.7 and 4582.75, Public Resources Code; Sections 51101, 51102 and 51115.1, Government Code; Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82 and Joy Road Area Forest and Watershed Association, v. California Department of Forestry & Fire Protection, Sonoma County Superior Court No. SCV 229850. 
HISTORY

1. Amendment of subsections (a) and (c) filed 3-9-78 as an emergency; effective upon filing (Register 78, No. 10).
2. Certificate of Compliance filed 5-10-78 (Register 78, No. 19).
3. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
4. Amendment of subsection (c)(1) filed 7-3-86; effective thirtieth day thereafter (Register 86, No. 27).
5. Repealer of subsection (f) filed 2-19-88 as an emergency; operative 2-19-88 (Register 88, No. 9). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-20-88.
6. Editorial correction of Register year in HISTORY 5. (Register 91, No. 41).
7. Reinstatement of subsection (f) as it existed prior to emergency repeal filed 2-19-88 by operation of Government Code section 11346.1(f) effective 6-20-88 (Register 91, No. 41).
8. New subsections (g)-(g)(3) and Note filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
9. New subsection (h) filed 11-25-91 as an emergency; operative 11-25-91. (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 3-24-92 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 11-25-91 order  transmitted to OAL 2-20-92 and filed 4-2-92; operative 5-4-92 (Register 92, No. 26).
11. Editorial correction of subsection (h) (Register 92, No. 26).
12. Amendment of subsection (d) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
13. Amendment of subsection (d) and Note filed 12-2-99; operative 1-1-2000 pursuant to Government Code section 11343.4(a) and Public Resources Code section 4554.5 (Register 99, No. 49).  
14. Amendment of subsection (d) and Note filed 1-5-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 1). 
§898.2. Special Conditions Requiring Disapproval of Plans.
Note     •     History

The Director shall disapprove a plan as not conforming to the rules of the Board if any one of the following conditions exist:
(a) Boundaries of the area to be harvested are not clearly delineated in the plan.
(b) Public acquisition of the parcel for purposes which would be impaired by timber harvesting, is legislatively authorized, funded and imminent.
(c) There is evidence that the information contained in the plan is incorrect, incomplete or misleading in a material way, or is insufficient to evaluate significant environmental effects. The sufficiency of the information provided in a THP to evaluate significant environmental effects shall be judged in light of what is reasonable and necessary.
(d) Implementation of the plan as proposed would result in either a “taking” of finding of jeopardy of wildlife species listed as rare, threatened, or endangered, by the Fish and Game Commission, the National Marine Fisheries Service, or Fish and Wildlife Service, or would cause significant, long-term damage to listed species. The Director is not required to disapprove a plan which would result in a “taking” if the “taking” is incidental and is authorized by a wildlife agency acting within its authority under state or federal endangered species acts.
(e) Implementation of the plan would irreparably damage plant species listed as rare or endangered by the Department of Fish and Game and when the timber owner fails to comply with F&GC 1913.
(f) Implementation of the plan as proposed would result in the taking of an individual Northern Spotted Owl prohibited by the Federal Endangered Species Act.
(g) Implementation of the plan as proposed would not achieve maximum sustained production of high-quality timber products as provided for by the rules of the Board, and by the intent of the Act.
(h) Implementation of the plan as proposed would cause a violation of any requirement of an applicable water quality control plan adopted or approved by the State Water Resources Control Board. 
(i) Implementation of the plan as proposed would result in significant adverse slope stability impacts that could affect public safety. The Director's determination of this special condition shall be supported by a review from the California Geological Survey.
NOTE

Authority cited: Sections 4551, 4555 and 4582, Public Resources Code. Reference: Sections 2053, 2080.1, 2090-2097, 2830 and 2835, Fish and Game Code; Sections 4555, 4582.7 and 4582.75, Public Resources Code; Section 51115.1, Government Code; the federal Endangered Species Act of 1973, 16 U.S.C. Section 1531 et seq.; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. New subsection (h) filed 7-27-79 as an emergency; effective upon filing (Register 79, No. 30).
3. Certificate of Compliance filed 10-18-79 (Register 79, No. 42).
4. Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
5. New subsection (f) and amendment of NOTE filed 7-23-90 as an emergency; operative 7-23-90 (Register 90, No. 40). A Certificate of Compliance must be transmitted to OAL by 11-20-90 or emergency language will be repealed by operation of law on the following day.
6. Repeal of subsection (f) and reinstatement of section as it existed prior to 7-23-90 emergency adoption of subsection (f) by operation of Government Code section 11346.1(f) (Register 91, No. 4).
7. New subsection (f) filed 11-21-90 as an emergency; operative 11-21-90 (Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by 3-21-91 or emergency language will be repealed by operation of law on the following day.
8. Repeal of subsection (f) and reinstatement of section as it existed prior to emergency adoption of subsection (f) filed 11-21-91 by operation of Government Code section 11346.1(f) (Register 91, No. 16).
9. New subsection (f) filed 3-25-91 as an emergency; operative 3-25-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-23-91 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-25-91 order transmitted to OAL on 4-26-91 and filed 5-28-91 (Register 91, No. 28).
11. Amendment of subsection (d) filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
12. Amendment of subsection (c) and Note filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
13. New subsection (g) filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
14. Amendment of subsection (g) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
15. Amendment of subsection (d) and Note filed 5-21-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 21).
16. Amendment of subsection (d) and new subsections (h) and (i) filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
17. Amendment of subsection (i) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
18. Repealer of subsection (i) and amendment of Note filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
19. New subsection (i) filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
Article 3. PRC 4555, Rule Review Procedures
§900. Intent.
Note     •     History

Regulations set forth in this article are adopted pursuant to Legislative direction set forth in PRC 4552 and 4555 and to provide a hearing procedure as mandated in PRC 4555.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4552 and 4555, Public Resources Code.
HISTORY

1. New NOTE filed 5-19-78 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20).
2. Amendment of NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9). 
§901. Timber Harvesting Plan Decision Delay.
Note     •     History

The Director shall delay making a decision to approve or disapprove a plan which has been filed only if he or she finds that it could result in immediate, significant and long-term harm to the natural resources of the state. In relation to ascertaining harm to the natural resources of the state, the words immediate, significant and long-term shall be construed to mean:
(a) “immediate”--a period of time from the present to some future date that shall not be later than the end of the third timber harvest season following commencement of timber operations under a proposed plan.
(b) “significant”--harm or damage which is substantial and threatens the use of forest-related benefits (i.e., other beneficial uses of the air, water, soil, fish or wildlife resources).
(c) “long-term”--harm or damage that is of such a nature and of lasting duration which cannot be corrected within 3 timber harvest seasons following commencement of timber operations under a proposed plan.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4555, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9). 
§902. Director's Notice to Board.
Note     •     History

If the Director determines that a substantial question concerning the intent of the Act is not currently provided for by the rules of the Board, and that approval of a plan which has been filed could result in immediate, significant and long-term harm to the natural resources of the State, the Director shall within 5 days after making such determination, notify the Board and the person who submitted the plan in writing of his or her determination. Written notice to the Board shall:
(a) State that the Director is seeking an emergency determination by the Board pursuant to PRC 4555.
(b) Outline the substantial question concerning intent of the Act that is not currently provided for by the rules.
(c) Identify any particular rule or rules which may be in question with respect to the intent of the Act.
(d) Identify any other provisions of law which apply to the Director's decision to delay.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4555, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9). 
§902.1. Board Action.
Note     •     History

Within 30 days after receipt of written notice from the Director that he or she had delayed making a decision to approve or disapprove a plan pursuant to PRC 4555, and 14 CAC 901, the Board will hold a public hearing on the issue raised by the Director in said notice. Thereafter the Board may adopt emergency regulations in the manner provided by the Administrative Procedure Act (commencing with Gov. C. 11420) and shall conform to specifications enumerated in 14 CAC 902.2, 902.3, 903 and 903.1. 
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4555, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9). 
§902.2. Notice Content.
Note

The Notice of Public Hearing on issues raised pursuant to provisions of PRC 4555 shall contain substantially the same information as provided to the Board pursuant to 14 CAC 902.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 745 and 4555, Public Resources Code. 
§902.3. Notice Distribution.
Note     •     History

Notice of public hearing on issues raised by the Director pursuant to provisions of PRC 4555 shall be given at least 15 days prior to said hearing and be distributed as follows by:
(a) Mailing such notice to concerned federal, state and local agencies of government;
(b) Providing for mailing to timber owners, operators, and foresters (RPF's), who have plans held in abeyance by the Director pending action by the Board under PRC 4555.
(c) Providing for dissemination to the agenda mailing list of the Board and other parties as may be determined to be appropriate by the Executive Officer to provide full public participation in the hearing.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 745 and 4555, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9). 
§903. Order of Procedure. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4555, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9). 
2. Repealer filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§903.1. Content of Discussion and Prejudice of Appeal.
Note     •     History

In considering the need for possible emergency regulations, as well as the emergency regulations themselves, the Board normally will consider all relevant information. However, to avoid prejudicing future appeals on individual plans, the proceeding shall be addressed solely to the generic issue(s) presented by the Director.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4555, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9). 
§903.2. Board Action.
Note     •     History

Immediately after public comments, the Board shall determine whether or not the intent of the Act has been provided for in the rules effective at the time the Director's determination was made.
If the Board finds the existing rules are adequate, it shall adopt a finding so stating.
If the Board finds that the intent of the Act has not been provided for in such rules, the Board shall comply with the provisions of PRC 4555 and immediately amend the rules to provide for such intent by adopting emergency regulations pursuant to the Administrative Procedure Act (commencing with Gov. C. 11371). The Board shall advise the Director by letter of the action taken and provide a copy of the emergency regulations indicating that they will become effective upon filing with the Secretary of State.
In either case, the Director shall act within 5 days after receipt of said letter on plans being held in abeyance pending Board consideration.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4555, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9). 
Subchapter 3. Forest District Boundaries*

*Regulations adopted by Board of Forestry.
Article 1. Districts
§906. Forest Districts.
Note     •     History

To meet the requirements of Chapter 8, Article 3 (commencing with Section 4531), Public Resources Code, and to designate areas for appropriate special forest practice rules, the nonfederally-owned commercial forest areas of the state are divided into three districts which are designated as Coast Forest District, Northern Forest District, and Southern Forest District. Each district is comprised of timberlands and cutover lands within the boundaries as set forth in this article.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4531, Public Resources Code.
HISTORY

1. New Subchapter 3 (Sections 906-909.2) filed 5-19-78 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20).
2. Amendment of NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9). 
§907. Coast Forest District.
Note     •     History

The Coast Forest District is comprised of the area bounded on the north by the State of Oregon, on the west by the Pacific Ocean, and on the south and east by a line declared and fixed as follows:
Beginning at the southwest corner of Santa Cruz County and running eastward along the southern boundaries of Santa Cruz and Santa Clara Counties to U.S. Highway 101; thence northerly along U.S. Highway 101 to Interstate Highway 680; thence northerly along Interstate Highway 680 to Interstate Highway 80; thence southerly along Interstate Highway 80 to State Highway 29 between Vallejo and the Carquinez Bridge; thence northerly along State Highway 29 to State Highway 128 at Rutherford; thence northerly along coinciding State Highways 29 and 128 to the junction of State Highways 29 and 128 at Calistoga; thence northwesterly along State Highway 128 to U.S. Highway 101; thence northerly along U.S. Highway 101 to the Covelo Road (State Highway 162, formerly designated 261); thence northeasterly along the Covelo Road to Mina Road (Mendocino County Road 336) just north of Covelo; thence northerly from Mendocino County into Trinity County along Mina Road, where it continues as Lake Mountain Road (Trinity County Road 503); continuing along Lake Mountain Road northwesterly through Kettenpom to the Ruth-Zenia Road (Trinity County Road 502) just southeast of Zenia; thence easterly and northerly along the Ruth-Zenia Road to the Van Duzen Road (Trinity County Road 511) at the Van Duzen River on the northwest side of Hettenshaw Valley; thence along the Van Duzen Road, following along a fork of the Van Duzen River and the main Van Duzen River northwesterly and northerly to State Highway 36; thence southeasterly along State Highway 36 to the South Fork of the Trinity River; thence northerly along the South Fork of the Trinity River and the main Trinity River to the Klamath River; thence northeasterly, then northerly along the Klamath River to the mouth of Indian Creek; thence northerly along Indian Creek to the crossing of State Highway 96; thence northeasterly along State Highway 96 to the Indian Creek Road (Siskiyou County Road 7C01); thence northwesterly along the Indian Creek Road following along Indian Creek to the crossing of Indian Creek in the south half of Section 25, Township 18N, Range 6E, HB&M, from whence the Indian Creek County Road continues as the U.S. Forest Service Grayback Road (U.S. Forest Service Road 40S07); continuing northwesterly along the Forest Service Grayback Road over the divide at the head of Indian Creek to the State of Oregon in Section 32, Township 19N, Range 6E, HB&M.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4531, Public Resources Code.
HISTORY

1. Amendment filed 7-31-79; effective thirtieth day thereafter (Register 79, No. 31). 
§907.1. Southern Subdistrict of the Coast Forest District. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4531, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9). 
2. Relocation of former section 907.1 (“Southern Subdistrict”) to section 895.1 and repealer of section 907.1 filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§908. Northern Forest District.
Note     •     History

The Northern Forest District is comprised of the area bounded on the north by the State of Oregon, on the east by the State of Nevada, on the west by the Coast Forest District, and on the south by a line declared and fixed as follows:
Beginning at the point where Interstate Highway 680 crosses the combined San Joaquin-Sacramento Rivers at the Benicia Bridge; thence easterly along the channel to the mouth of the Sacramento River; thence easterly and northerly along the Sacramento River to the Sacramento-Sutter County line; thence easterly along said county line to the Sacramento-Placer County line; thence easterly along said county line to the Placer-El Dorado County line; thence northerly and easterly along said county line to the intersection with the Lake Tahoe Basin crestline; thence northerly and then easterly along said crestline to its intersection with the west boundary of Section 10; thence north along the west boundary of Section 10 and Section 3 to the northwest corner of Section 3; thence east along the north boundary of Section 3 and Section 2 to the Lake Tahoe Basin crestline, all Sections being in Township 15N, Range 16E, MDB&M; thence northerly and easterly along said crestline to the State of Nevada.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4531, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
§909. Southern Forest District.
Note     •     History

The Southern Forest District is comprised of the area bounded on the north by the Northern Forest District, on the west by the Coast Forest District and the Pacific Ocean south of Santa Cruz County, on the east by the States of Nevada and Arizona, and on the south by Mexico.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4531, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
§909.1. High Use Subdistrict.
Note     •     History

The “High Use Subdistrict” of the Southern Forest District includes the Counties of Ventura, Santa Barbara, Los Angeles, San Bernardino, Orange, Riverside, Imperial, San Diego, Monterey, San Luis Obispo, and those portions of Placer and El Dorado lying within the authority of the Tahoe Regional Planning Agency. In this subdistrict, the growing of commercial timber is subjected to pressures for competing land uses, such as recreation, water, and urbanization.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4531, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Editorial correction to add section erroneously deleted in Register 79, No. 9 (Register 79, No. 14).
§909.2. Eastside Subdistrict. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4531, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer filed 6-27-84; effective thirtieth day thereafter (Register 84, No. 26). 
Subchapter 4. Coast Forest District Rules*

*Regulations adopted by Board of Forestry.
Article 1. Introduction
§911. Statement of Purpose.
Note     •     History

The purpose of these rules is to establish district forest practice rules and to establish standards in accordance with the policies set forth in Articles 1 and 4 of the Z'berg-Nejedly Forest Practice Act of 1973 (Sections 4511-4517 and 4551-4555 incl. of the Public Resources Code). Rules promulgated herein apply only to timberlands.
NOTE

Authority cited: Sections 740, 4531 and 4551, Public Resources Code. Reference: Sections 4512, 4513, 4531 and 4551.5, Public Resources Code.
HISTORY

1. Repealer of Subchapter 4 (Sections 911-921.8, not consecutive) and new Subchapter 4 (Sections 911-921.8, not consecutive) filed 5-19-78 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20). For history of former Subchapter 4, see Registers 78, No. 3; 77, No. 14; 75, No. 30; 74, No. 41; and 73, No. 48.
2. Amendment of NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
3. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47).
Article 2. Definitions, Ratings and Standards
§912. Definitions. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4526, 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4526 and 4561, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Amendment filed 7-2-79; effective thirtieth day thereafter (Register 79, No. 27).
3. Amendment filed 7-9-81; effective thirtieth day thereafter (Register 81, No. 28).
4. Amendment filed 9-9-88; operative 10-9-88 (Register 88, No. 38).
5. Change without regulatory effect (Register 89, No. 23).
6. Adoption of subsection “Marbelet murrelet Habitat” filed 6-27-91 as an emergency; operative 6-27-91 (Register 91, No. 41). A Certificate of Compliance must be transmitted to OAL by 10-24-91 or emergency language will be repealed by operation of law on the following day.
7. Amendment of “Commercial species” to include Pacific Yew filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
8. Repealer of “Co-dominant,” “Dominant,” “Lake,” “Logging Area,” “Seed Tree,” “Skidding or Yarding,” “Skid trails,” “Tractor roads” and “Waterbreak” filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
9. Pacific Yew under “Commercial species” repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
10. Repealer of “Marbled murrelet habitat” and “Marbled murrelet nest tree” by operation of Government Code section 11346.1(g) (Register 96, No. 45).
11. Amendment of article heading, relocation of definitions in former section 912 to section 895.1 and repealer of section 912 filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§912.5. Procedure for Estimating Surface Soil Erosion Hazard Rating.
Note     •     History

A proposed plan shall show the estimated erosion hazard rating of the plan area, by areas, down to 20 acres (8.1 ha) if such a breakdown will change the estimated erosion hazard of individual areas. The plan shall show high and extreme erosion hazard ratings, by areas, down to 10 acres if such a breakdown will change the erosion hazard of the individual areas. Specific erosion hazard areas not fitting the above minimum will be considered independently and protective measures commensurate with the problem applied. These measures are covered in Chapter 4, Subchapter 4 of Title 14, CCR.
To estimate the erosion hazard rating of any plan or portion thereof, the RPF or supervised designee shall follow the procedures and requirements contained in Board Technical Rule Addendum #1, dated February 1, 1990. Appropriate weights for the factors in the Estimated Surface Soil Erosion Hazard, Form I, in the Addendum, shall be calculated and the factors shall be summed to give the rating. A copy of the calculations from Form I shall be attached to the timber harvesting plan. A copy of the Board Technical Rule Addendum #1 can be obtained from the State Board of Forestry at the Resources Building, 1416 9th Street, Room 1506-14, Sacramento, CA 95814.
NOTE

Authority cited: Sections 4551 and 4562.5, Public Resources Code. Reference: Section 4562.5, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and new section filed 7-2-82; designated effective 1-1-83 (Register 82, No. 27).
3. Amendment filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
4. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§912.7. Resource Conservation Standards for Minimum Stocking.
Note     •     History

The following resource conservation standards constitute minimum acceptable stocking in the Coast Forest District after timber operations have been completed.
(a) Rock outcroppings, meadows, wet areas, or other areas not normally bearing commercial species shall not be considered as requiring stocking and are exempt from such provisions.
(b) An area on which timber operations have taken place shall be classified as acceptably stocked if either of the standards set forth in (1) or (2) below are met within five (5) years after completion of timber operations unless otherwise specified in the rules.
(1) An area contains an average point count of 300 per acre on Site I, II and III lands or 150 on Site IV and V lands to be computed as follows:
(A) Each countable tree [Ref. PRC §4528(b)] which is not more than 4 inches d.b.h. counts 1 point.
(B) Each countable tree over 4 inches and not more than 12 inches d.b.h. counts 3 points.
(C) Each countable tree over 12 inches d.b.h. counts as 6 points.
(D) Root crown sprouts will be counted using the average stump diameter 12 inches above average ground level of the original stump from which the sprouts originate, counting one sprout for each foot of stump diameter to a maximum of 6 per stump.
(2) The average residual basal area, measured in stems 1 inch or larger in diameter, is at least 85 square feet per acre on Site I lands, and 50 square feet per acre on lands of Site II classification or lower. Site classification shall be determined by the RPF who prepared the plan.
(3) To the extent basal area standards are specified in the rules in excess of 14 CCR §912.7(b)(2), up to 15 square feet of basal area of those standards higher than the minimum may be met by counting snags, and decadent or deformed trees of value to wildlife in the following sizes:
(A) 30 inches or greater dbh and 50 feet or greater in height on site I and II lands;
(B) 24 inches or greater dbh and 30 feet or greater in height on site III lands; and
(C) 20 inches or greater dbh and 20 feet or greater in height on site IV and V lands.
(c) The substitution provided for in 14 CCR §912.7(b)(3) may only be done when the potential spread of insects and diseases will not have a significantly adverse impact on long term productivity or forest health.
(d) The resource conservation standards of the rules may be met with Group A and/or B commercial species. The percentage of the stocking requirements met with Group A species shall be no less than the percentage of the stand basal area they comprised before harvesting. The site occupancy provided by Group A species shall not be reduced relative to Group B species. When considering site occupancy, the Director shall consider the potential long term effects of relative site occupancy of Group A species versus Group B species as a result of harvest. If Group A species will likely recapture the site after harvest, Group B species do not need to be reduced. The time frames for recapturing the site shall be consistent with achieving MSP. The Director may prohibit the use of Group A and/or B commercial species which are non-indigenous or are not physiologically suited to the area involved.  Exceptions may be approved by the Director if the THP provides the following information and those exceptions are agreed to by the timberland owner:
(1) Explain and justify with clear and convincing evidence how using Group A nonindigenous, or Group B species to meet the resource conservation standards will meet the intent of the Forest Practice Act as described in PRC §4513. The discussion shall include at least:
(A) the management objectives of the post-harvest stand;
(B) a description of the current stand, including species composition and current stocking levels within the area of Group B species. The percentage can be measured by using point-count, basal area, stocked plot, or other method agreed to by the Director.
(C) the percentage of the post-harvest stocking to be met with Group B species. Post harvest percentages will be determined on the basis of stocked plots. Only the methods provided by 14 CCR §§1070-1075 shall be used in determining if the standards of PRC §4561 have been met.
(D) a description of what will constitute a countable tree, as defined by PRC §4528 for a Group B species and how such a tree will meet the management objectives of the post-harvest stand.
The Director, after an initial inspection pursuant to PRC §4604, shall approve use of Group B species, as exceptions to the pre-harvest basal area percentage standard, if in his judgement the intent of the Act will be met, and there will not be an immediate significant and long-term harm to the natural resources of the state.
NOTE

Authority cited: Sections 4551, 4553 and 4561.1, Public Resources Code. Reference: Sections 4561 and 4561.1, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Editorial correction filed 12-2-82 (Register 82, No. 49).
3. Editorial correction filed 8-29-84; effective thirtieth day thereafter (Register 84, No. 35).
4. Amendment filed 9-9-88; operative 10-9-88 (Register 88, No. 38). 
5. Amendment of subsection (c) and (c)(1) filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
6. Amendment of subsection (c) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
7. Amendment of subsections (b)(1)(A)-(B), new subsection (b)(3)-(c) and subsection relettering filed 11-14-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 46).
8. Change without regulatory effect amending subsection (c) filed 11-25-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 48).
§912.8. Progeny, Clonal, or Provenance Testing Stocking Standard Exemption.
Note     •     History

Pursuant to PRC 4561.7, the following standards shall apply to the request for an exemption from the stocking standards of the Act for progeny, clonal, or provenance testing.
(a) Any THP submitted pursuant to Section 4561.7 of the Public Resources Code shall include the following information, in addition to other requirements of the rules of the Board.
(1) A specific request for an exemption from stocking standards; and
(2) A description of the testing to be conducted on the site.
(b) The exemption from stocking shall become effective upon the Director's determination that the timber harvesting plan is in conformance with the rules and regulations of the Board.
NOTE

Authority cited: Sections 4551 and 4561.7, Public Resources Code. Reference: Sections 4561.7 and 4582.75, Public Resources Code.
HISTORY

1. New section filed 12-11-86; effective thirtieth day thereafter (Register 86, No. 50). 
§912.9. Cumulative Impacts Assessment Checklist.

STATE OF CALIFORNIA
BOARD OF FORESTRY
CUMULATIVE IMPACTS ASSESSMENT
(1) Do the assessment area(s) of resources that may be affected by the proposed project contain any past, present, or reasonably foreseeable probable future projects? 
  Yes____ No____
If the answer is yes, identify the project(s) and affected resource subject(s).
(2) Are there any continuing, significant adverse impacts from past land use activities that may add to the impacts of the proposed project?
  Yes____ No____
If the answer is yes, identify the activities, describing their location, impacts and affected resource subject(s).
(3) Will the proposed project, as presented, in combination with past, present, and reasonably foreseeable probable future projects identified in items (1) and (2) above, have a reasonable potential to cause or add to significant cumulative impacts in any of the following resource subjects?

			No reasonably
			potential
	Yes after	No after	significant
	mitigation (a)	mitigation (b)	effects (c)
1. Watershed	______	______	______
2. Soil Productivity	______	______	______
3. Biological	______	______	______
4. Recreation	______	______	______
5. Visual	______	______	______
6. Traffic	______	______	______
7. Other	______	______	______

a) Yes, means that potential significant adverse cumulative impacts are left after application of the forest practice rules and mitigations or alternatives proposed by the plan submitter.
b) No after mitigation means that any potential for the proposed timber operation to cause or add to significant adverse cumulative impacts by itself or in combination with other projects has been reduced to insignificance or avoided by mitigation measures or alternatives proposed in the THP and application of the forest practice rules.
c) No reasonably potential significant cumulative effects means that the operations proposed under the THP do not have a reasonable potential to join with the impacts of any other project to cause, add to, or constitute significant adverse cumulative impacts.
(4) If column (a) is checked in (3) above describe why the expected impacts cannot be feasibly mitigated or avoided and what mitigation measures or alternatives were considered to reach this determination. If column (b) is checked in (3) above describe what mitigation measures have been selected which will substantially reduce or avoid reasonably potential significant cumulative impacts except for those mitigation measures or alternatives mandated by application of the rules of the Board of Forestry.
(5) Provide a brief description of the assessment area used for each resource subject.
(6) List and briefly describe the individuals, organizations, and records consulted in the assessment of cumulative impacts for each resource subject. Records of the information used in the assessment shall be provided to the Director upon request.

BOARD OF FORESTRY
TECHNICAL RULE ADDENDUM NO. 2
CUMULATIVE IMPACTS ASSESSMENT
Introduction
The purpose of this addendum is to guide the assessment of cumulative impacts as required in 14 CCR 898 and 1034 that may occur as a result of proposed timber operations. This assessment shall include evaluation of both on-site and off-site interactions of proposed project activities with the impacts of past and reasonably foreseeable future projects.
In conducting an assessment, the RPF must distinguish between on-site impacts that are mitigated by application of the Forest Practice Rules and the interactions of proposed activities (which may not be significant when considered alone) with impacts of past and reasonably foreseeable future projects.
Resource subjects to be considered in the assessment of cumulative impacts are described in the Appendix.
The RPF preparing a THP shall conduct an assessment based on information that is reasonably available before submission of the THP. RPFs are expected to submit sufficient information to support their findings if significant issues are raised during the Department's review of the THP.
Information used in the assessment of cumulative impacts may be supplemented during the THP review period. Agencies participating in plan review may provide input into the cumulative impacts assessment based upon their area of expertise. Agencies should support their recommendations with documentation.
The Department, as lead agency, shall make the final determination regarding assessment sufficiency and the presence or absence of significant cumulative impacts. This determination shall be based on a review of all sources of information provided and developed during review of the Timber Harvesting Plan.
Identification of Resource Areas
The RPF shall establish and briefly describe the geographic assessment area within or surrounding the plan for each resource subject to be assessed and shall briefly explain the rationale for establishing the resource area. This shall be a narrative description and shall be shown on a map where a map adds clarity to the assessment.
Identification of Information Sources
The RPF shall list and briefly describe the individuals, organizations, and records used as sources of information in the assessment of cumulative impacts, including references for listed records and the names, affiliations, addresses, and phone numbers of specific individuals contacted. Records of information used in the assessment shall be provided to the Director upon request.
Common sources of information for cumulative effects assessment are identified below. Sources to be used will depend upon the complexity of individual situations and the amount of information available from other plans. Sources not listed below may have to be consulted based on individual circumstances. Not all sources of information need to be consulted for every THP.

1. Consultation with Experts and Organizations:

	(a) County Planning Department;	(b) Biologists;
	(c) Geologists;	(d) Soil Scientists;
	(e) Hydrologists;	(f) Federal Agencies;
	(g) State Agencies;	(h) Public and private utilities.
2. Records Examined:

	(a) Soil Maps;	(b) Geology Maps;
	(c) Aerial Photographs;	(d) Natural Diversity Data Base;
	(e) THP Records;	(f) Special Environmental Reports;
	(g) Basin Plans;	(h) Fire History Maps;
	(i) Relevant Federal
	   Agency Documents
	   or Plans
As provided in Section 898 of the rules, the RPF or supervised designee and the plan submitter must consult information sources that are reasonably available.
Past and Future Activities
Past and future projects included in the cumulative impacts assessment shall be described as follows:
A. Identify and briefly describe the location of past and reasonably foreseeable probable future projects as defined in 14 CCR §895.1 within described resource assessment areas. Include a map or maps and associated legend(s) clearly depicting the following information:
1. Township and Range numbers and Section lines.
2. Boundary of the planning watershed(s) within which the plan area is located along with the CALWATER 2.2 identification number.
3. Location and boundaries of past, present and reasonably foreseeable probable future timber harvesting projects on land owned or controlled by the timberland owner of the proposed timber harvest within the planning watershed(s) depicted in section (2) above. For purposes of this section, past projects shall be limited to those projects submitted within ten years prior to submission of the THP.
4. Silvicultural methods for each of the timber harvesting projects depicted in section (3) above. Each specific silvicultural method must be clearly delineated on the map(s), and associated THP number referenced in the legend or an annotated list. In addition, shading, hatching, or labeling shall be used which clearly differentiates silvicultural methods into one of the four categories outlined in Table 1.
5. A north arrow and scale bar (or scale text).
6. Source(s) of geographical information.
The map scale shall be large enough to clearly represent one planning watershed per page or of a scale not less than 1:63,360. Planning watersheds with densely situated or overlapping harvest units, or those which are large or irregular in size, may require multiple maps to achieve clarity. Map(s) shall be reproducible on black & white copiers, and submitted on an 8 1/2 x 11 page(s).

Table 1

Silvicultural	
Category	Silvicultural Method
Evenaged	Clearcutting, Seed Tree Seed Step, Seed Tree
Management	Removal Step, Shelterwood Preparatory Step,
14 CCR §913.1	Shelterwood Seed Step, Shelterwood Removal
	Step

Unevenaged	Selection, Group Selection, Transition
Management
14 CCR §913.2

Intermediate	Commercial Thinning, Sanitation-Salvage
Treatments
14 CCR §913.3

Special	Special Treatment Area Prescriptions,
Prescriptions and	Rehabilitation of Understocked Area
Other Management	Prescription, Fuelbreak/Defensible Space,
14 CCR §913.4	Southern Subdistrict Special Harvesting
	Method (14 CCR §913.8), Variable Retention,
	Conversion

Alternative Prescriptions shall be put into the category within which the most nearly appropriate or feasible silvicultural method in the Forest Practice Rules is found pursuant to 14 CCR §913.6(b)(3).
B. Identify and give the location and description of any known, continuing significant environmental problems caused by past projects as defined in 14 CCR §895.1. The RPF who prepares the plan or supervised designee shall obtain information from plan submitters (timberland or timber owner), and from appropriate agencies, landowners, and individuals about past, and future land management activities and shall consider past experience, if any, in the assessment area related to past impacts and the impacts of the proposed operations, rates of recovery, and land uses. A poll of adjacent land owners is encouraged and may be required by the Director to determine such activities and significant adverse environmental problems on adjacent ownerships.

Appendix

Technical Rule Addendum #2
In evaluating cumulative impacts, the RPF shall consider the factors set forth herein.
A. Watershed Resources
Cumulative Watershed Effects (CWEs) occur within and near bodies of water or significant wet areas, where individual impacts are combined to produce an effect that is greater than any of the individual impacts acting alone. Factors to consider in the evaluation of cumulative watershed impacts are listed below.
1. Impacts to watershed resources within the Watershed Assessment Area (WAA) shall be evaluated based on significant on-site and off-site cumulative effects on beneficial uses of water, as defined and listed in applicable Water Quality Control Plans.
2. Watershed effects produced by timber harvest and other activities may include one or more of the following:
° Sediment.
° Water temperature.
° Organic debris.
° Chemical contamination.
° Peak flow.
The following general guidelines shall be used when evaluating watershed impacts. The factors described are general and may not be appropriate for all situations. Actual measurements may be required if needed to evaluate significant environmental effects. The plan must comply with the quantitative or narrative water-quality objectives set forth in an applicable Water Quality Control Plan.
a. Sediment Effects
Sediment-induced CWEs occur when earth materials transported by surface or mass wasting erosion enter a stream or stream system at separate locations and are then combined at a downstream location to produce a change in water quality or channel condition. The eroded materials can originate from the same or different projects. Potentially adverse changes are most likely to occur in the following locations and situations:
- Downstream areas of reduced stream gradient where sediment from a new source may be deposited in addition to sediment derived from existing or other new sources.
- Immediately downstream from where sediment from a new source is combined with sediment from other new or existing sources and the combined amount of sediment exceeds the transport capacity of the stream.
- Any location where sediment from new sources in combination with suspended sediment from existing or other new sources significantly reduces the survival of fish or other aquatic organisms or reduces the quality of waters used for domestic, agricultural, or other beneficial uses.
- Channels with relatively steep gradients which contain accumulated sediment and debris that can be mobilized by sudden new sediment inputs, such as debris flows, resulting in debris torrents and severe channel scouring.
Potentially significant adverse impacts of cumulative sediment inputs may include:
- Increased treatment needs or reduced suitability for domestic, municipal, industrial, or agricultural water use.
- Direct mortality of fish and other aquatic species.
- Reduced viability of aquatic organisms or disruption of aquatic habitats and loss of stream productivity caused by filling of pools and plugging or burying streambed gravel.
- Accelerated channel filling (aggradation) resulting in loss of streamside vegetation and stream migration that can cause accelerated bank erosion.
- Accelerated filling of downstream reservoirs, navigable channels, water diversion and transport facilities, estuaries, and harbors.
- Channel scouring by debris flows and torrents.
- Nuisance to or reduction in water related recreational activities.
Situations where sediment production potential is greatest include:
- Sites with high or extreme erosion hazard ratings.
- Sites which are tractor logged on steep slopes.
- Unstable areas.
b. Water Temperature Effects
Water temperature related CWEs are changes in water chemistry or biological properties caused by the combination of solar warmed water from two or more locations (in contrast to an individual effect that results from impacts along a single stream segment) where natural cover has been removed. Cumulative changes in water temperature are most likely to occur in the following situations:
- Where stream bottom materials are dark in color.
- Where water is shallow and has little underflow.
- Where removal of streamside canopy results in substantial, additional solar exposure or increased contact with warm air at two or more locations along a stream.
- Where removal of streamside canopy results in substantial, additional solar exposure or increased contact with warm air at two or more streams that are tributary to a larger stream.
- Where water temperature is near a biological threshold for specific species.
Significant adverse impacts of cumulative temperature increases include:
- Increases in the metabolic rate of aquatic species.
- Direct increases in metabolic rate and/or reduction of dissolved oxygen levels, either of which can cause reduced vigor and death of sensitive fish and other sensitive aquatic organisms.
- Increased growth rates of microorganisms that deplete dissolved oxygen levels or increased disease potential for organisms.
- Stream biology shifts toward warmer water ecosystems.
c. Organic Debris Effects
CWEs produced by organic debris can occur when logs, limbs, and other organic material are introduced into a stream or lake at two or more locations. Decomposition of this debris, particularly the smaller sized and less woody material, removes dissolved oxygen from the water and can cause impacts similar to those resulting from increased water temperatures. Introduction of excessive small organic debris can also increase water acidity.
Large organic debris is an important stabilizing agent that should be maintained in small to medium size, steep gradient channels, but the sudden introduction of large, unstable volumes of bigger debris (such as logs, chunks, and larger limbs produced during a logging operation) can obstruct and divert streamflow against erodible banks, block fish migration, and may cause debris torrents during periods of high flow.
Removing streamside vegetation can reduce the natural, annual inputs of litter to the stream (after decomposition of logging- related litter.) This can cause both a drop in food supply, and resultant productivity, and a change in types of food available for organisms that normally dominate the lower food chain of streams with an overhanging or adjacent forest canopy.
d. Chemical Contamination Effects
Potential sources of chemical CWEs include run-off from roads treated with oil or other dust-retarding materials, direct application or run-off from pesticide treatments, contamination by equipment fuels and oils, and the introduction of nutrients released during slash burning or wildfire from two or more locations.
e. Peak Flow Effects
CWEs caused by management induced peak flow increases in streams during storm events are difficult to anticipate. Peak flow increases may result from management activities that reduce vegetative water use or produce openings where snow can accumulate (such as clear-cutting and site preparation) or that change the timing of flows by producing more efficient runoff routing (such as insloped roads.) These increases, however, are likely to be small relative to natural peak flows from medium and large storms. Research to date on the effects of management activities on channel conditions indicates that channel changes during storm events are primarily the result of large sediment inputs.
3. Watercourse Condition
The watershed impacts of past upstream and on-site projects are often reflected in the condition of stream channels on the project area. Following is a list of channel characteristics and factors that may be used to describe current watershed conditions and to assist in the evaluation of potential project impacts:
° Gravel Embedded - Spaces between stream gravel filled with sand or finer sediments. Gravel are often in a tightly packed arrangement.
° Pools Filled - Former pools or apparent pool areas filled with sediments leaving few areas of deep or “quiet” water relative to stream flow or size.
° Aggrading - Stream channels filled or filling with sediment that raises the channel bottom elevation. Pools will be absent or greatly diminished and gravel may be embedded or covered by finer sediments. Streamside vegetation may be partially or completely buried, and the stream may be meandering or cutting into its banks above the level of the former streambed. Depositional areas in aggrading channels are often increasing in size and number.
° Bank Cutting - Can either be minor or severe and is indicated by areas of fresh, unvegetated soil or alluvium exposed along the stream banks, usually above the low-flow channel and often with a vertical or undercut face. Severe bank cutting is often associated with channels that are downcutting, which can lead to over-steepened banks, or aggrading, which can cause the channel to migrate against slopes that were previously above the high flow level of the stream.
° Bank Mass Wasting - Channels with landslides directly entering the stream system. Slide movement may be infrequent (single events) or frequent (continuing creep or periodic events).
° Downcutting - Incised stream channels with relatively clean, uncluttered beds cut below the level of former streamside vegetation and with eroded, often undercut or vertical, banks.
° Scoured - Stream channels that have been stripped of gravel and finer bed materials by large flow events or debris torrents. Streamside vegetation has often been swept away, and the channel has a raw, eroded appearance.
° Organic Debris - Debris in the watercourse can have either a positive or negative impact depending on the amount and stability of the material. Some stable organic debris present in the watercourse helps to form pools and retard sediment transport and downcutting in small to medium sized streams with relatively steep gradients. Large accumulations of organic debris can block fish passage, block or divert streamflow, or could be released as a debris flow.
° Stream-Side Vegetation - Stream-side vegetation and near-stream vegetation provide shade or cover to the stream, which may have an impact on water temperature, and provides root systems that stabilize streambanks and floodplains and filter sediment from flood flows.
° Recent Floods - A recent high flow event that would be considered unusual in the project area may have an impact on the current watercourse condition.
B. Soil Productivity
Cumulative soil productivity impacts occur when the effects of two or more activities, from the same or different projects, combine to produce a significant decrease in soil biomass production potential. These impacts most often occur on-site within the project boundary, and the relative severity of productivity losses for a given level of impact generally increases as site quality declines.
The primary factors influencing soil productivity that can be affected by timber operations include:
° Organic matter loss.
° Surface soil loss.
° Soil compaction.
° Growing space loss.
The following general guidelines may be used when evaluating soil productivity impacts. 
1. Organic Matter Loss
Displacement or loss of organic matter can result in a long term loss of soil productivity. Soil surface litter and downed woody debris are the store-house of long term soil fertility, provide for soil moisture conservation, and support soil microorganisms that are critical in the nutrient cycling and uptake process. Much of the chemical and microbial activity of the forest nutrient cycle is concentrated in the narrow zone at the soil and litter interface.
Displacement of surface organic matter occurs as a result of skidding, mechanical site preparation, and other land disturbing timber operations. Actual loss of organic matter occurs as a result of burning or erosion. The effects of organic matter loss on soil productivity may be expressed in terms of the percentage displacement or loss as a result of all project activities.
2. Surface Soil Loss
The soil is the storehouse of current and future site fertility, and the majority of nutrients are held in the upper few inches of the soil profile. Topsoil displacement or loss can have an immediate effect on site productivity, although effects may not be obvious because of reduced brush competition and lack of side-by-side comparisons or until the new stand begins to fully occupy the available growing space.
Surface soil is primarily lost by erosion or by displacement into windrows, piles, or fills. Mass wasting is a special case of erosion with obvious extreme effects on site productivity. The impacts of surface soil loss may be evaluated by estimating the proportion of the project area affected and the depth of loss or displacement.
3. Soil Compaction
Compaction affects site productivity through loss of large soil pores that transmit air and water in the soil and by restricting root penetration. The risk of compaction is associated with:
- Depth of surface litter.
- Soil organic matter content.
- Soil texture.
- Soil structure.
- Presence and amount of coarse fragments in the soil.
- Soil moisture status.
Compaction effects may be evaluated by considering the soil conditions, as listed above, at the time of harvesting activities and the proportion of the project area subjected to compacting forces.
4. Growing Space Loss
Forest growing space is lost to roads, landings, permanent skid trails, and other permanent or non-restored areas subjected to severe disturbance and compaction.
The effects of growing space loss may be evaluated by considering the overall pattern of roads, etc., relative to feasible silvicultural systems and yarding methods.
C. Biological Resources
Biological assessment areas will vary with the species being evaluated and its habitat. Factors to consider in the evaluation of cumulative biological impacts include:
1. Any known rare, threatened, or endangered species or sensitive species (as described in the Forest Practice Rules) that may be directly or indirectly affected by project activities.
Significant cumulative effects on listed species may be expected from the results of activities over time which combine to have a substantial effect on the species or on the habitat of the species.
2. Any significant, known wildlife or fisheries resource concerns within the immediate project area and the biological assessment area (e.g. loss of oaks creating forage problems for a local deer herd, species requiring special elements, sensitive species, and significant natural areas).
Significant cumulative effects may be expected where there is a substantial reduction in required habitat or the project will result in substantial interference with the movement of resident or migratory species.
The significance of cumulative impacts on non-listed species viability should be determined relative to the benefits to other non-listed species. For example, the manipulation of habitat results in conditions which discourage the presence of some species while encouraging the presence of others.
3. The aquatic and near-water habitat conditions on the THP and immediate surrounding area. Habitat conditions of major concern are:
° Pools and riffles.
° Large woody material in the stream.
° Near-water vegetation.
Much of the information needed to evaluate these factors is described in the preceding Watershed Resources section. A general discussion of their importance is given below:
a. Pools and Riffles
Pools and riffles affect overall habitat quality and fish community structure. Streams with little structural complexity offer poor habitat for fish communities as a whole, even though the channel may be stable. Structural complexity is often lower in streams with low gradients, and filling of pools can reduce stream productivity.
b. Large Woody Material
Large woody debris in the stream plays an important role in creating and maintaining habitat through the formation of pools. These pools comprise important feeding locations that provide maximum exposure to drifting food organisms in relatively quiet water. Removal of woody debris can reduce frequency and quality of pools.
c. Near-Water Vegetation
Near-water vegetation provides many habitat benefits, including: shade, nutrients, vertical diversity, migration corridors, nesting, roosting, and escape. Recruitment of large woody material is also an important element in maintaining habitat quality.
4. The biological habitat condition of the THP and immediate surrounding area. Significant factors to consider are:
° Snags/den trees
° Downed, large woody debris
° Multistory canopy
° Road density
° Hardwood cover
° Late seral (mature) forest characteristics
° Late seral habitat continuity
The following general guidelines may be used when evaluating biological habitat. The factors described are general and may not be appropriate for all situations. The THP preparer must also be alert to the need to consider factors which are not listed below. Each set of ground conditions are unique and the analysis conducted must reflect those conditions.
a. Snags/Den/Nest Trees: Snags, den trees, nest trees and their recruitment are required elements in the overall habitat needs of more than 160 wildlife species. Many of these species play a vital role in maintaining the overall health of timberlands. Snags of greatest value are > 16" DBH and 20 feet in height. The degree of snag recruitment over time should be considered. Den trees are partially live trees with elements of decay which provide wildlife habitat. Nest trees have importance to birds classified as a sensitive species.
b. Downed large, woody debris: Large downed logs (particularly conifers) in the upland and near-water environment in all stages of decomposition provide an important habitat for many wildlife species. Large woody debris of greatest value consists of downed logs > 16" diameter at the large end and > 20 feet in length.
c. Multistory canopy: Upland multistoried canopies have a marked influence on the diversity and density of wildlife species utilizing the area. More productive timberland is generally of greater value and timber site capability should be considered as a factor in an assessment. The amount of upland multistoried canopy may be evaluated by estimating the percent of the stand composed of two or more tree layers on an average per acre basis.
Near-water multistoried canopies in riparian zones that include conifer and hardwood tree species provide an important element of structural diversity to the habitat requirements of wildlife. Near-water multistoried canopy may be evaluated by estimating the percentage of ground covered by one or more vegetative canopy strata, with more emphasis placed on shrub species along Class III and IV streams (14 CCR 916.5, 936.5, 956.5).
d. Road Density: Frequently traveled permanent and secondary roads have a significant influence on wildlife use of otherwise suitable habitat. Large declines in deer and bear use of areas adjacent to open roads are frequently noted. Road density influence on large mammal habitat may be evaluated by estimating the miles of open permanent and temporary roads, on a per-section basis, that receive some level of maintenance and are open to the public. This assessment should also account for the effects of vegetation screening and the relative importance of an area to wildlife on a seasonal basis (e.g. winter range).
e. Hardwood Cover: Hardwoods provide an important element of habitat diversity in the coniferous forest and are utilized as a source of food and/or cover by a large proportion of the state's bird and mammal species. Productivity of deer and other species has been directly related to mast crops. Hardwood cover can be estimated using the basal area per acre provided by hardwoods of all species.
f. Late Seral (Mature) Forest Characteristics: Determination of the presence or absence of mature and over- mature forest stands and their structural characteristics provides a basis from which to begin an assessment of the influence of management on associated wildlife. These characteristics include large trees as part of a multilayered canopy and the presence of large numbers of snags and downed logs that contribute to an increased level of stand decadence. Late seral stage forest amount may be evaluated by estimating the percentage of the land base within the project and the biological assessment area occupied by areas conforming to the following definitions:
Forests not previously harvested should be at least 80 acres in size to maintain the effects of edge. This acreage is variable based on the degree of similarity in surrounding areas. The area should include a multi-layered canopy, two or more tree species with several large coniferous trees per acre (smaller subdominant trees may be either conifers or hardwoods), large conifer snags, and an abundance of large woody debris.
Previously harvested forests are in many possible stages of succession and may include remnant patches of late seral stage forest which generally conform to the definition of unharvested forests but do not meet the acreage criteria.
g. Late Seral Habitat Continuity: Projects containing areas meeting the definitions for late seral stage characteristics must be evaluated for late seral habitat continuity. The fragmentation and resultant isolation of late seral habitat types is one of the most significant factors influencing the sustainability of wildlife populations not adapted to edge environments.
This fragmentation may be evaluated by estimating the amount of the on-site project and the biological assessment area occupied by late seral stands greater than 80 acres in size (considering the mitigating influence of adjacent and similar habitat, if applicable) and less than one mile apart or connected by a corridor of similar habitat.
h. Special Habitat Elements: The loss of a key habitat element may have a profound effect on a species even though the habitat is otherwise suitable. Each species may have several key limiting factors to consider. For example, a special need for some large raptors is large decadent trees/snags with broken tops or other features. Deer may have habitat with adequate food and cover to support a healthy population size and composition but dependent on a few critical meadows suitable for fawning success. These and other key elements may need special protection.
D. Recreational Resources: The recreational assessment area is generally the area that includes the logging area plus 300 feet.
To assess recreational cumulative impacts:
1. Identify the recreational activities involving significant numbers of people in and within 300 feet of logging area (e.g., fishing, hunting, hiking, picnicking, camping).
2. Identify any recreational Special Treatment Areas described in the Board of Forestry rules on the plan area or contiguous to the area.
E. Visual Resources: The visual assessment area is generally the logging area that is readily visible to significant numbers of people who are no further than three miles from the timber operation. To assess visual cumulative effects:
1. Identify any Special Treatment Areas designated as such by the Board of Forestry because of their visual values.
2. Determine how far the proposed timber operation is from the nearest point that significant numbers of people can view the timber operation. At distances of greater than 3 miles from viewing points, activities are not easily discernible and will be less significant.
3. Identify the manner in which the public identified in 1 and 2 above will view the proposed timber operation (from a vehicle on a public road, from a stationary public viewing point or from a pedestrian pathway).
F. Vehicular Traffic Impacts: The traffic assessment area involves the first roads not part of the logging area on which logging traffic must travel. To assess traffic cumulative effects:
1. Identify whether any publicly owned roads will be used for the transport of wood products.
2. Identify any public roads that have not been used recently for the transport of wood products and will be used to transport wood products from the proposed timber harvest.
3. Identify any public roads that have existing traffic or maintenance problems.
4. Identify how the logging vehicles used in the timber operation will change the amount of traffic on public roads, especially during heavy traffic conditions.
NOTE

Authority cited: Sections 4551, 4551.9 and 21080.5, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4551.9, 4582.6, 21000(g), 21002 and 21080.5, Public Resources Code; Natural Resources Defense Council, Inc. v. Arcata Nat. Corp. (1976) 59 Cal.App.3d 959; 131 Cal.Rptr. 172; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.
HISTORY

1. New section, Technical Rule Addendum #2, and Appendix filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
2. Editorial correction (Register 97, No. 48).
3. Amendment of section and Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment filed 12-2-99; operative 1-1-2000 pursuant to Government Code section 11343.4(a) and Public Resources Code section 4554.5 (Register 99, No. 49).  
5. Amendment filed 10-28-2004; operative 1-1-2005 (Register 2004, No. 44).
§912.10. Pacific Yew. [Repealed]
Note     •     History

HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
Article 3. Silvicultural Methods
§913. Silvicultural Objectives.
Note     •     History

The objectives of this article are to describe standard silvicultural systems and to provide for alternatives that when applied shall meet the objectives of the FPA (PRC 4512 and 4513).  The RPF shall select systems and alternatives which achieve maximum sustained production of high quality timber products.
The THP shall designate one or a combination of regeneration methods, prescriptions or intermediate treatments described by this article. If a method, prescription or treatment not defined in the rules (see 14 CCR 895.1), is to be used an alternative prescription shall be included in the plan.
The assessment of maximum sustained production of high quality timber products is based on:
(a) Regeneration methods, intermediate treatments and prescriptions described in the rules which establish standards.  These methods, treatments, prescriptions, and standards shall not be utilized to permit harvesting of growing stock in a manner that will significantly delay reaching or maintaining maximum sustained production.
(b) Published yield tables or other tools which can be validated and which serve as a point of reference for evaluating and selecting silvicultural systems and their implementation.
(c) The Sustained Yield Plan.  The SYP establishes the flow of forest products from managed timberlands, and shall demonstrate the achievement of maximum sustained production.
(d) An assessment of maximum sustained production of high quality timber products is not required for a harvest designated as, and meeting the definition of fuelbreak/defensible space under 14 CCR 913.4 [933.4, 953.4] Special Prescriptions. Because these lands are designated as defensible space areas, the wood production potential of these lands is compatible with the lowest site classifications and they shall be considered site IV timberland for stocking purposes.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5 and 4561, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). 
3. Amendment of section heading and section filed 1-7-94; operative 3-1-94 (Register 94, No. 1). 
4. Amendment filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
5. New subsection (d) filed 11-19-97; operative 1-1-98 (Register 97, No. 47).
§913.1. Regeneration Methods Used in Evenaged Management.
Note     •     History

The following types of regeneration methods are designed to replace a harvestable stand with well spaced growing trees of commercial species.  Evenaged management systems shall be applied with the limitations described by this rule:
(a) Timber stands harvested under an evenaged regeneration method shall meet the following standards:
(1) Where a regeneration step harvest of evenaged management will occur on stands younger than 50 years of age for Class I lands, 60 years of age for Class II and III lands, or 80 years of age for Class IV and V lands, or equivalent age of trees, based on height as determined according to the appropriate site class, the RPF preparing the THP or SYP must demonstrate how the proposed harvest will achieve MSP pursuant to 14 CCR §913.11(a) or (b); provided, however, that the Director may grant an exemption from this section, based upon hardship.
(2) The regeneration harvest of evenaged management shall be limited to 20 acres for tractor yarding.  Aerial or cable yarding may be 30 acres.  Tractor yarding may be increased to 30 acres where the EHR is low and the slopes are < 30%. 
The RPF may propose increasing these acreage limits to a maximum of 40 acres, and the Director may agree where measures contained in the THP provide substantial evidence that the increased acreage limit does any one of the following:
(A) by using additional on-site mitigation measures, reduce the overall detrimental effects of erosion thereby providing better protection of soil, water, fish and/or wildlife resources; or 
(B) provide for the inclusion of “long corners”, or
(C) create a more natural logging unit by taking maximum advantage of the topography; or
(D) will increase long-term sustained yield; or
(E) provide feasible off-site mitigation measures that can be incorporated in the plan to restore or enhance previously impacted resource areas or other environmental enhancements that will result in demonstrable net environmental benefits within the planning watershed.  These measures may include, but are not limited to, watercourse restoration, soil stabilization, road surface stabilization, road outsloping, road abandonment, road reconstruction, enhancement of wildlife habitats and vegetation management.
To qualify for an exemption the plan submitter is not required to demonstrate that other feasible options are not available.
(3) Evenaged regeneration units within an ownership shall be separated by a logical logging unit that is at least as large as the area being harvested or 20 acres, whichever is less, and shall be separated by at least 300 feet in all directions.
(4) Within ownership boundaries, no logical logging unit contiguous to an evenaged management unit may be harvested using an evenaged regeneration method unless the following are met:
(A) The prior evenaged regeneration unit has an approved report of stocking, and the dominant and codominant trees average at least five years of age or average at least five feet tall and three years of age from the time of establishment on the site, either by the planting or by natural regeneration.  If these standards are to be met with trees that were present at the time of the harvest, there shall be an interval of not less than five years following the completion of operations before adjacent evenaged management may occur.
(5) Except for the clearcut method, all trees to be harvested or all trees to be retained shall be marked by, or under the supervision of, an RPF prior to felling operations.  A sample area shall be marked prior to a preharvest inspection.  The sample area shall include at least 10% of the harvest area up to a maximum of 20 acres per stand type, and must be representative of the range of conditions present in the area.  The marking requirement may be waived by the Director if the trees to be harvested are easily distinguished from the trees to be retained, when explained and justified by the RPF in the plan.
(6) Special consideration for aesthetic enjoyment shall be given to selection of silvicultural treatments and timber operations within 200 feet of the edge of the traveled surface of any permanent road maintained by the County, or the State.
(7) Special consideration for aesthetic enjoyment and protection of adjacent stand vigor shall be given to the selection of silvicultural methods and timber operations within 200 feet of adjacent non-federal lands not zoned TPZ.
(b) Clearcutting. The clearcutting regeneration method involves the removal of a stand in one harvest.  Regeneration after harvesting shall be obtained by direct seeding, planting, sprouting, or by natural seed fall.  When practical, clearcuts shall be irregularly shaped and variable in size in order to mimic natural patterns and features found in landscapes.  Site preparation and slash disposal measures, if necessary for successful regeneration, shall be described in the plan.
(c) Seed Tree.  The seed tree regeneration method involves the removal of a stand in one harvest except for well distributed seed trees of desired species which are left singly or in groups to restock the harvested area.  The seed step is utilized to promote natural reproduction from seed and to initiate the establishment of an evenaged stand.  The removal step may be utilized to remove the seed trees after a fully stocked stand of reproduction has become established.
(1) Seed Tree Seed Step.
The seed tree seed step is the regeneration step and shall meet the following requirements:
(A) Retention of at least the following basal area of seed trees per acre which are 18 inches dbh or greater:
1. Fifteen square feet basal area on site I, II and III lands and
2. Twelve square feet basal area on site IV and V lands.
The seed trees must be of full crown, capable of seed production and representative of the best phenotypes available in the preharvest stand.
(B) No point within the logged area shall be more than 150 feet from a seed tree.
(C) Seed tree species and site preparation measures shall be specified in the plan by the RPF.
(D) Seed trees shall be marked by or under the supervision of an RPF prior to felling operations.
(E) If natural regeneration is inadequate within two years after the first August following completion of timber operations, seed trees may be harvested and artificial regeneration shall be used to meet the requirements of 14 CCR §912.7(b)(1).  
(F) In the absence of a Sustained Yield Plan, to maintain and improve tree species diversity, genetic material and seed production, trees of each native commercial species where present at the time of harvest shall be retained after harvest.  These leave trees shall be representative of the best phenotypes available in the preharvest stand.  The RPF may propose and the Director may agree to a species specific plan in the THP which protects existing regeneration or provides for regeneration in-lieu of retaining trees.
(2) Seed Tree Removal Step.
Not more than 15 predominant trees per acre may be removed in the seed tree removal step.  Not more than 50 sq. ft. of basal area of predominant trees per acre may be removed in the seed tree removal step.  The seed tree removal step may be utilized when the regeneration present exceeds the minimum stocking requirements set forth in 14 CCR §912.7(b)(1).  Regeneration shall not be harvested under the seed tree method unless the trees are dead, dying or diseased or substantially damaged during timber operations.  The minimum stocking standards of 14 CCR §912.7(b)(1) shall be met immediately upon completion of operations.  The seed tree removal step shall only be used once in the life of the stand unless otherwise agreed to by the Director.
If the extent and intensity of the soil and vegetation disturbance caused by the harvest is similar to what would have been caused by a clearcut, the size limitations, separation (spacing) by logical logging unit requirements, and yarding equipment limitations of 14 CCR §913.1(a) are applicable.
(d) Shelterwood. The shelterwood regeneration method reproduces a stand via a series of harvests (preparatory, seed, and removal).  The preparatory step is utilized to improve the crown development, seed production capacity and wind firmness of designated seed trees.  The seed step is utilized to promote natural reproduction from seed.  The removal step is utilized when a fully stocked stand of reproduction has become established, and this step includes the removal of the protective overstory trees.  The shelterwood regeneration method is normally utilized when some shade canopy is considered desirable for the establishment of regeneration.
(1) Shelterwood Preparatory Step.  The shelterwood preparatory step shall meet the following minimum standards:
(A) At least the following basal area of seed trees per acre which are 18 inches dbh or greater shall be retained.  
1. Thirty square feet basal area on site I, II and III lands and
2. Twenty four square feet basal area on site IV and V lands.
The seed trees must be of full crown, capable of seed production and representative of the best phenotypes available in the preharvest stand.
(B) No point within the logged area shall be more than 100 feet from a seed tree.
(C) Seed tree species shall be specified in the plan by the RPF.
(D) At least 125 square feet of basal area per acre on Site I lands, and 75 square feet of basal area per acre on Site II and III lands and 50 sq. ft. of basal area per acre on site IV and V lands shall be retained.
(E) The minimum stocking standards of 14 CCR §912.7(b)(1) shall be met immediately upon completion of operations. Within six months following completion of work described in the plan, a report of stocking shall be filed as stated in PRC §4587.
(2) Shelterwood Seed Step. The shelterwood seed step is the regeneration step and shall meet the following standards:
(A) At least the following basal area of seed trees per acre which are 18 inches dbh or greater shall be retained 
1. Thirty square feet basal area on site I, II and III lands and
2. Twenty four square feet basal area on site IV and V lands.
The seed trees must be of full crown, capable of seed production and representative of the best phenotypes available in the preharvest stand.
(B) No point within the logged area shall be more than 100 feet from a seed tree.
(C) Seed tree species and site preparation measures shall be specified in the plan by the RPF.
(D) Seed trees shall be marked by or under the supervision of an RPF prior to felling operations.
(E) If natural regeneration is inadequate within two years after the first August following completion of timber operations, seed trees may be harvested and artificial regeneration shall be used to meet the requirements of 14 CCR §912.7(b)(1).
(F) In the absence of a Sustained Yield Plan, to maintain and improve tree species diversity, genetic material and seed production, trees of each native commercial species where present at the time of harvest shall be retained after harvest.  These leave trees shall be representative of the best phenotypes available in the preharvest stand.
The RPF may propose and the Director may agree to a species specific plan in the THP which protects existing regeneration or provides for regeneration in-lieu of retaining trees.
(3) Shelterwood Removal Step. The shelterwood removal step may be utilized when the regeneration present exceeds the minimum stocking requirements set forth in 14 CCR §912.7(b)(1). Unless otherwise agreed to by the Director, the Shelterwood removal shall only be used once in the life of the stand.  Regeneration shall not be harvested during the shelterwood removal step unless the trees are dead, dying or diseased or substantially damaged by timber operations. The minimum stocking standards of 14 CCR §912.7(b)(1) shall be met immediately upon completion of operations.
The size limitations, and separation (spacing) by logical logging unit requirements, of 14 CCR §913.1(a) are applicable unless the post-harvest stand, regardless of average diameter, meets the stocking standards of 14 CCR §913.3(a)(1)(A) or (B).  Not more than 32 predominant trees per acre may be removed in the shelterwood removal step.  Not more than 100 square feet of basal area of predominant trees per acre may be removed in the shelterwood removal step.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561 and 4582(h), Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
3. Change without regulatory effect filed 5-24-89 (Register 89, No. 23).
4. Editorial correction of subsection (b)(2) (Register 91, No. 28).
5. Amendment of section heading and section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
6. Repealer of emergency amendments filed 11-25-91 and reinstatement of  prior text filed 9-22-92 by operation of Government Code section 11346.1(f) (Register 92, No. 40).
7. Amendment filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
8. Amendment of subsections (a)(1)-(2)(A), (a)(4)(A) and (d)(3) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
9. Amendment of subsection (a)(4)(A) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
10. Editorial correction of subsection (a)(2)(B) (Register 96, No. 50).
11. Amendment of subsections (a)(5), (c)(1)(D) and (d)(2)(D) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
12. Amendment filed 11-14-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 46).
§913.1.5. Regeneration Methods Used in Even-Aged Management and Limitations. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4553, 4561, and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4561 and 4582(h), Public Resources Code. 
HISTORY

1. New section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer of emergency adoption filed 11-25-91 by operation of Government Code section 11346.1(g) (Register 92, No. 40).
§913.2. Regeneration Methods Used in Unevenaged Management.
Note     •     History

Unevenaged management is utilized to establish and maintain an unevenaged stand structure.  Unevenaged management attributes include the establishment and/or maintenance of a multi-aged, balanced stand structure, promotion of growth on leave trees throughout a broad range of diameter classes, and encouragement of natural reproduction.  
(a) Selection.  Under the selection regeneration method, the trees are removed individually or in small groups sized from .25 acres to 2.5 acres.
(1) Trees to be harvested or trees to be retained shall be marked by or under the supervision of the RPF prior to felling operations.  When openings greater than .25 acres will be created, the boundaries of the small group(s) may be designated in lieu of marking individual trees within the small group areas.  A sample area must be marked prior to a preharvest inspection for evaluation.  The sample area shall include at least 10% of the harvest area up to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area.
(2) Post harvest stand stocking levels shall be stated in the THP.  The level of residual stocking shall be consistent with maximum sustained production of high quality timber products.  In no case shall stocking be reduced below the following standards:
(A) Selection System.
1. On Site I lands at least 125 square feet per acre of basal area shall be retained.
2. On Site II and III lands at least 75 square feet per acre of basal area shall be retained.
3. On Site IV and V lands at least 50 square feet per acre) of basal area shall be retained.
4. Unless the plan submitter demonstrates how the proposed harvest will achieve MSP pursuant to 14 CCR §913.11(a) or (b), the residual stand shall contain sufficient trees to meet at least the basal area, size, and phenotypic quality of tree requirement specified under the seed tree method.
(B) Group Selection.
1. At least 80% of the stocked plots must meet the Basal Area stocking standards of 14 CCR §913.2(a)(2)(A).
2. Not more than 20% of the stocked plots may meet stocking standards utilizing the 300 point count standard with trees that are at least 10 (ten) years old.
3. An RPF or supervised designee may offset up to 8 plots per 40 plots where those plot centers are initially placed within small group clearings created during the current harvest.  Unless substantially damaged by fire, the RPF or supervised designee shall not exclude small group clearings created by previous timber harvesting from the stocking survey.
4. Unless the plan submitter demonstrates how the proposed harvest will achieve MSP pursuant to 14 CCR §913.11(a) or (b), the residual stand shall contain sufficient trees to meet at least the basal area, size, and phenotypic quality of tree requirement specified under the seed tree method.
(3) Within any THP, small group clearings under the selection method shall be separated by a logical logging area.
(4) Following completion of timber operations (including site preparation) not more than 20 percent of the THP area harvested by this method shall be covered by small group clearings.
(5) Exceptions to stocking standards in 14 CCR §913.2(a)(2) above may be granted only when proposed by the RPF and explained and justified in the plan, but in no case will the exceptions be less than specified in 14 CCR §912.7(b)(2).  Exceptions may only be granted when the RPF clearly demonstrates that the existing stand will grow substantially less than both the potential site productive capacity and the proposed post harvest stand.
(b) Transition. The transition method may be used to develop an unevenaged stand from a stand that currently has an unbalanced irregular or evenaged structure.  The transition method involves the removal of trees individually or in small groups from irregular or evenaged stands to create a balanced stand structure and to obtain natural reproduction.
(1) Area for determination of preharvest seed tree retention levels shall be no greater than 20 acres in size.
(2) This method is to be used to increase stocking and improve the balance of age classes so as to allow the residual stand to be managed by the selection regeneration method. This method shall not be used more than two times for a stand. The RPF shall delineate areas previously treated by the transition method on the plan map.
(3) Stands suitable for the transition method contain adequate quantity and quality of seed producing trees to provide adequate regeneration for new age classes. Stands suitable for this method shall have no more than 50 sq. ft. of basal area greater than the selection basal area standards.
(4) Trees to be harvested or trees to be retained shall be marked by or under the supervision of a RPF before felling operations.  A sample area must be marked before the preharvest inspection for evaluation.  The sample area shall include at least 10% of the harvest area up to a maximum of 20 acres per stand type which is representative of the range of conditions present.
(5) Immediately following the completion of timber operations, the minimum basal area standards in 14 CCR §912.7(b)(2) shall be met.  
(6) The post-harvest residual stand shall contain at least 15 square feet of basal area per acre of seed trees at least 12 inches dbh or greater for timber sites I, II or III; or 12 square feet of basal area per acre of seed trees 12 inches dbh or greater for timber sites IV or V., except for timber sites I with Coast Redwood. For timber sites I with Coast Redwood, the post-harvest residual stand shall contain sufficient trees to meet at least the basal area, size, and phenotypic quality of the leave tree requirement specified under the seed tree method (14 CCR § 913.1(c)(1)(A)). Unless obviously stocked, these basal area requirements will be determined from sampling averaged across each harvested area required in 14 CCR § 913.2(b)(1). Unless the plan submitter demonstrates how the proposed harvest will achieve MSP pursuant to 14 CCR § 913.11(a) or (b), where present in the preharvest stand, disease free, undamaged seed trees 18 inches dbh or greater shall be retained post harvest until the stand exceeds the minimum seed tree requirements of 14 CCR § 913.1(c)(1)(A). The seed trees shall be full crown, capable of seed production and representative of the best phenotypes available in the pre-harvest stand.
(7) Following completion of timber operations (including site preparation) not more than 20 percent of the Plan area harvested by this method shall be occupied by small group clearings.
(8) The Plan Submitter must provide the Director sufficient information such as growth and stand description to demonstrate that the standards of the selection regeneration method will be met by the third and subsequent entries of Plan areas harvested by the transition method.
(c) Within six months following completion of timber operations conducted pursuant to the selection and transition methods as described in the plan, a report of stocking shall be filed as stated in PRC §4587.
(d) In the absence of a Sustained Yield Plan, to maintain and improve tree species diversity, genetic material, and seed production, trees of each native commercial species where present at the time of harvest shall be retained after harvest.  These leave trees shall be representative of the best phenotypes available in the preharvest stand.  The RPF may propose and the Director may agree to a species specific plan in the THP which protects existing regeneration or provides for regeneration in-lieu of retaining trees.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561, 4582(h) and 4587, Public Resources Code.
HISTORY

1. Amendment of subsection (a) and new NOTE filed 2-21-79; effective thirtieth day thereafter (Register 79, No. 9).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
3. Change without regulatory effect of subsection (c) filed 5-24-89 (Register 89, No. 23).
4. Editorial correction of subsection (c) (Register 91, No. 28).
5. Amendment of section heading and section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
6. Amendment of subsections (a)(2)(A)4, (a)(2)(B)2 and 4 and (b)(5) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
7. Amendment of subsections (a)(2)(B)3. and (b)(3) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
8. Editorial correction of subsection (a)(2)(B)3. (Register 97, No. 48).
9. Amendment filed 11-14-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 46).
10. New subsection (b)(1), subsection renumbering, amendment of newly designated subsections (b)(2)-(7), repealer of former subsections (b)(7)-(b)(7)(A), redesignation and amendment of former subsection (b)(7)(B) as new subsection (b)(8) and amendment of Note filed 11-16-2005; operative 1-1-2006 (Register 2005, No. 46).
§913.2.5. Even-Aged Size Limits. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4553 and 4561, Public Resources Code. Reference: Sections 4512, 4513, 4561, 4582(h) and 21001, Public Resources Code. 
HISTORY

1. New section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer of emergency adoption filed 11-25-91 by operation of Government Code section 11346.1(g) (Register 92, No. 40).
§913.3. Intermediate Treatments.
Note     •     History

(a) Commercial Thinning. Commercial thinning is the removal of trees in a young-growth stand to maintain or increase average stand diameter of the residual crop trees, promote timber growth, and/or improve forest health. The residual stand shall consist primarily of healthy and vigorous dominant and codominant trees from the preharvest stand.
(1) Post harvest stand stocking levels shall be stated in the THP. The level of residual stocking shall be consistent with maximum sustained production of high quality timber products. Generally stands will develop stand structures with considerably higher levels of basal area than provided in these minimum standards as stand age increases. In no case shall stocking be reduced below the following standards:
(A) Where the preharvest dominant and codominant crown canopy is occupied primarily by trees greater than 14 inches DBH:
1. On Site I lands at least 125 sq.ft. per acre of basal area shall be left.
2. On Site II and III lands at least 100 sq.ft. per acre of basal area shall be left.
3. On Site IV lands at least 75 sq.ft. per acre of basal area shall be left.
4. On Site V lands, at least 50 sq.ft. per acre of basal area shall be left.
(B) Where the preharvest dominant and codominant crown canopy is occupied primarily by trees less than 14 inches DBH, a minimum of 100 trees per acre over 4 inches DBH shall be retained for site I, II and III. For site IV and V 75 trees per acre over 4 inches DBH shall be retained.
(2) Exceptions to these stocking standards may be proposed by the RPF when explained and justified in the plan, but in no case will the standards be below those specified in 14 CCR 912.7(b)(2).
(3) For stands harvested in compliance with 14 CCR 913.3(a)(1)(A), the trees to be harvested or the trees to be retained shall be marked by or under the supervision of an RPF prior to felling operations. For all thinning proposals, a sample area must be marked prior to a preharvest inspection for evaluation. The sample area shall include at least 10% of the thinning area up to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area. The Director may waive the marking requirements for the remainder of the THP area when explained and justified in the THP.
(4) Within six months following completion of timber operations as described in the plan a report of stocking shall be filed as stated in PRC Section 4587.
(b) Sanitation-Salvage. Sanitation is the removal of insect-attacked or diseased trees in order to maintain or improve the health of the stand. Salvage is the removal of only those trees which are dead, dying or deteriorating, because of damage from fire, wind, insects, disease, flood or other injurious agents. Salvage provides for the economic recovery of trees prior to a total loss of their wood product value. Sanitation and salvage may be combined into a single operation. The following requirements apply to the use of the sanitation-salvage treatment:
(1) The RPF shall estimate in the THP expected level of stocking to be retained upon completion of operations.
(2) Immediately upon completion of operations, the area shall meet the stocking standards of 14 CCR 912.7(b) unless explained and justified in the plan. If stocking is to be met immediately following completion of operations, a report of stocking shall be filed within 6 months of completion. If this standard cannot be met, the area must be planted during the first planting season following completion of operations and the minimum stocking standards of 14 CCR 912.7(b)(1) must be met within 5 years following completion of operations.
(3) Trees to be harvested or trees to be retained shall be marked by or under the supervision of an RPF prior to felling operations. When openings greater than .25 acres will be created, the boundaries of the small group(s) may be designated in lieu of marking individual trees within the small group areas. A sample area must be marked prior to a preharvest inspection for evaluation. The sample area shall include at least 10% of the area, up to a maximum of 20 acres per stand type, whichever is less, which is representative of the range of conditions present in the area. The Director may waive the marking requirement for the remainder of the THP area when explained and justified in the THP.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4582(d), (h) and 4587, Public Resources Code.
HISTORY

1. New Note filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
3. New subsection (c) filed 1-23-985; effective thirtieth day thereafter (Register 85, No. 4).
4. Change without regulatory effect filed 5-25-89 (Register 89, No. 23).
5. Editorial correction of subsections (a)(2) and (c)(2) (Register 91, No. 28).
6. Amendment filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
7. Amendment of subsections (a)(3) and (b)(3) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§913.4. Special Prescriptions.
Note     •     History

The following special harvesting methods are appropriate under certain conditions:
(a) Special Treatment Areas Prescriptions. Special consideration in Special Treatment Areas shall be given to selection of a regeneration method or intermediate treatment compatible with the objectives for which the special area was established. Such areas shall be identified in 

the plan. To assure the integrity of legally designated historical and archaeological sites and legally designated ecological reserves, and that the objectives of the special treatment areas are met, the RPF and the Director may agree, after on-the-ground inspection, if requested by either party, on specific silvicultural and logging practices to protect such areas. The Director shall notify affected agencies or groups with expertise in the resource involved in the special treatment area of any such areas located during the THP review process.
(b) Rehabilitation of Understocked Area Prescription. For the purposes of restoring and enhancing the productivity of commercial timberlands which do not meet the stocking standards defined in 14 CCR 912.7 prior to any timber operations on such lands, an area may be harvested provided it is restocked in accordance with sub-sections (1) or (2).  To facilitate restocking, a regeneration plan must be included in the THP. The regeneration plan shall include site preparation, method of regeneration, and other information appropriate to evaluate the plan.
(1) If the area meets the standards of 14 CCR 912.7 within five years of completion of timber operations, the area shall be considered acceptably stocked, or shall be considered acceptably stocked if it contains at least 10 planted countable trees for each tree harvested on sites I, II, and III, and 5 planted countable trees for each tree harvested on site IV and V.
(2) On understocked timberlands where no countable conifer trees n are to be harvested and the broadleaf species are not designated for management, the area shall be planted to equal or exceed the stocking standards of   14 CCR 912.7(b)(1) and shall be considered acceptably stocked if within five years of completion of timber operations it contains at least an average point count of 150 of Group A species on all site classifications.
(c) Fuelbreak/Defensible Space. Where some trees and other vegetation and fuels are removed to create a shaded fuel break or defensible space in an area to reduce the potential for wildfires and the damage they might cause. Minimum stocking standards within the timber operating area shall be met immediately after harvest and shall be those found in 14 CCR 912.7. The RPF shall describe in the plan specific vegetation and fuels treatment, including timing, to reduce fuels to meet the objectives of the Community Fuelbreak area.
(d) Variable Retention. Variable retention is an approach to harvesting based on the retention of structural elements or biological legacies (trees, snags, logs, etc.) from the pre-harvest stand for integration into the post-harvest stand to achieve various ecological, social and geomorphic objectives. The major variables in the variable retention harvest system are retention types, densities, and spatial arrangement of retained structures; aggregated retention is the retention of structures or biological legacies as intact forest patches within the harvest unit; dispersed retention is the retention of structures or biological legacies in a dispersed or uniform pattern. Retained trees may be intended to become part of future stands managed by the Selection regeneration method. Retained trees are often designated as decadent tree or snag recruitment hence not ever intended for harvest. Regeneration after harvest outside of aggregated retention patches may be obtained by direct seeding, planting, sprouting, or by natural seedfall. 
(1) In the plan, the RPF shall describe in sufficient detail to provide for review and evaluation: the trees and elements retained, the objectives intended to be achieved by retention, the distribution and quantity of retained trees, the intended time period of retention, and any potential future conditions or events the RPF believes would allow harvest of retained trees. The RPF may explain and justify, and the Director may approve a plan which indicates up to 50% of retained trees are intended for harvest during future Intermediate Treatments of the regenerated portion of the harvest area where such harvest(s) are consistent with stated Variable Retention objectives. 
(2) The retention standards for Dispersed Retention shall be measured in average basal area per acre. Where retention is aggregated in groups (greater than or equal to one-tenth acre), percentage of harvest unit area shall be the standard. Sum of all areas within groups divided by harvest unit acres will be used to determine percentage of aggregated retention in the harvest unit. Area and trees located within any standard width WLPZ will be excluded from calculating retention. 
(3) The following retention standards shall be met: 
(A) Minimum dispersed Variable Retention standard is 20 percent of the Resource Conservation Standards basal area levels stated in 14 CCR § 912.7 [932.7 952.7] (b) (2), 10 percent of harvest area in aggregated retention or combinations thereof. Variable Retention harvests at the minimum retention level shall be limited to 30 acres. 
(B) Table 1 shall be used for Determining the Maximum Size Harvest Area for Variable Retention. For areas with a combination of dispersed and aggregated retention types for determination of permissible unit size, the percentage of basal area in dispersed retention portions of the combination area may be reduced proportionately to the area in aggregated retention indicated in Table 1. 

Table 1 

	Dispersed Retention	Aggregated 	Maximum Size
		Retention 	 Harvest Area

	>20% of 912.7(b)(2)	 >10% Area	30 Acres

	>30% of 912.7(b)(2)	>15% Area	40 Acres

	>35% of 912.7(b)(2)	>20% Area	60 Acres

	>45% of 912.7(b)(2)  	>25% Area	80 Acres

	>55% of 912.7(b)(2)	>30% Area	120 Acres

	>75% of 912.7(b)(2)	>40% Area	200 Acres 

(C) Aggregated retention areas that conform to the definition of Late Succession Forest Stands under 14 CCR § 895.1, with the exception of the minimum 20 acre threshold size, may be counted as contributing 1.5 times the acres they actually occupy toward providing retention. 
(D) Retention trees classified as Dunning's Class 3, 4, 5, or 7 which exceed the size standards of 14 CCR § 912.7 may be counted as contributing 1.5 times their actual basal area toward providing retention. 
(E) Retention standards shall be met on each 20-acre maximum area(s) within each harvest unit. Retention standards may be met by either dispersed, aggregated or a combination of the two types of retention. 
(F) Unless explained and justified by the RPF in the plan, and approved by the Director, no point within the harvest area where retention standards are met by dispersed retention shall be more than 300 feet from a retention tree. 
(G) With the exception of 14 CCR § 913.4(d)(3)(J) below, the average height of dispersed retention trees shall be at least (the average height of dominants and codominants of like species in the pre-harvest stand. 
(H) For areas where the plan relies on natural seedfall to obtain regeneration, dispersed retention trees shall meet the standards of 14 CCR §913.1(c)(1). Where retention is aggregated, retained aggregates shall meet the standards of Commercial Thinning required under 14 CCR § 913.3(a) including (a)(1)(A) or (a)(1)(B). 
(I) Where specific WHR habitat elements are insufficient to provide functional wildlife habitat, the RPF may explain and justify and the Director may approve alternatives to the standards of subsections 14 CCR § 913.4(d)(3)(G) and (H). 
(J) Decadent and Deformed Trees of Value to Wildlife, and Snags which meet the standards of 14 CCR § 912.7(b)(3)(A,B or C) and 14 CCR § 912.7(c) may be counted to meet up to 15 square feet of basal area per acre of retention in excess of the minimum variable retention standards (ref. 14 CCR § 913.4(d)(3)(A)). 
(K) Trees shall be retained for at least 50 years unless a shorter period of time is described in the plan, explained and justified by the RPF, and approved by the Director. 
(4) Retention standards shall be met immediately after harvest and if retention trees are to be used to meet stocking, at the time the stocking report is approved. 
(5) The stocking standards of 14 CCR § 912.7(b)(1) within five years following completion of operations. 
(6) Retention trees shall be protected to the extent feasible during timber operations consistent with 14 CCR §§ 914.1; 914.2(e); 914.3; 915.2; 915.3 and 917.7. 
(7) The plan shall indicate the estimated average pre-harvest and post-harvest basal area by species and diameter class. Diameter class designations shall be grouped in no greater than 6” classes. 
(8) Where retention is aggregated in groups, the RPF shall provide in the plan a general description of group locations and/or a map showing the approximate location of the groups. This information shall be provided for each logging unit. 
(9) All trees to be harvested or all retention trees shall be marked by, or under the supervision of, an RPF prior to felling operations. Where timber harvesting does not occur within retained aggregates, the boundaries of retained aggregates may be designated in lieu of marking individual trees within retained aggregates. A sample area must be marked prior to a pre-harvest inspection for evaluation. The sample area shall include at least 10% of the harvest area for each stand type represented in the range of conditions present in the area. Where necessary to evaluate the proposed retention, the Director may require additional marking before plan approval. 
(10) To facilitate restocking, a regeneration plan must be included in the plan. The regeneration plan shall include site preparation, method of regeneration, and other information appropriate to evaluate the plan. Site preparation activities shall be designed to protect retention elements and maintain ground cover to the extent practicable while at the same time result in seedling establishment on the site and encourage long-term site occupancy of the regenerated trees. 
(11) Another Variable Retention harvest may not be applied to the Variable Retention harvest area for at least 50 years for Class I, 60 years for Class II or III, or 80 years for Class IV and V site class lands after acceptance by the Director of the completion report except as specified in: (i) a THP that has been approved pursuant to 14 CCR § 913.11(a), (ii) an SYP, (iii) a PTEIR or, (iv) an NTMP). 
(12) Within ownership boundaries, no logical logging unit contiguous to a previously harvested Variable Retention harvest area may be harvested by a Variable Retention method unless the previously harvested Variable Retention unit has an approved report of stocking and the dominant and codominant trees, not counting retention trees, average at least five years of age or average at least five feet tall and three years of age from the time of establishment on the site either by the planting or by natural regeneration. If these standards are to be met with trees that were present at the time of the harvest, there shall be an interval of not less than five years following the completion of operations before adjacent Variable Retention management may occur. 
(13) A Regeneration Method Used in Evenaged Management, other than Shelterwood Preparatory Step, may not be applied to the Variable Retention harvest area for at least 50 years for Class I, 60 years for Class II or III, or 80 years for Class IV and V site class lands after acceptance by the Director of the completion report. 
(14) Within an ownership, at least 10 years must pass after a Variable Retention harvest that exceeds the size standards of 14 CCR §913.1(a)(2) before a Regeneration Method Used in Evenaged Management, other than Shelterwood Preparatory Step, may occur in an adjacent logical harvest area. 
(15) Within an ownership, the separation requirements and adjacency limitations of 14 CCR § 913.1(a)(3, 6 and 7) shall apply equally to Variable Retention harvest areas and evenaged regeneration units. 
(16) Alternative Prescriptions proposed under 14 CCR § 913.6 may not reference Variable Retention as the most nearly feasible method (ref. 14 CCR § 913.6(b)(3 and 4)). Alternative Prescriptions which approach but do not fully meet the minimum standards of Variable Retention shall be considered Alternatives to a Regeneration Method Used in Evenaged Management. 
(e) Aspen, meadow and wet area restoration. All trees within aspen stands (defined as a location with the presence of living aspen (Populus tremuloides), meadows and wet areas may be harvested or otherwise treated in order to restore, retain, or enhance these areas for ecological or range values. A primary goal of aspen restoration projects is the successful regeneration of aspen and recruitment into larger size classes. Projects using this prescription shall be designed to balance the protection and regeneration of aspen stands, meadows, and wet area habitats in California's forest ecosystems with the other goals of forest management as specified in 14 CCR §897 and meet the following requirements: 
(1) The RPF shall state in the plan each project type(s) that is being proposed (aspen, meadow, and/or wet area restoration).
(2) Each project type shall be shown on the plan map, consistent with 14 CCR §1034(x), and at a scale that shows the locations of planned operations.
(3) The RPF shall describe the extent of the area proposed for harvesting or treatment and the types of harvesting or treatments. 
(4) The RPF shall describe the condition of aspen stands, meadows and wet areas in the project area. 
(A) For aspen stands, the condition description shall include, but is not limited to, the determination of whether the aspen stands are upland aspen stands mixed with conifer or riparian/wet meadow aspen stands; spatial extent, species composition, and stand structure (including overstory/understory coverage) of the project area; and the relationship of the project area to other known aspen stands in the planning watershed or biological assessment area.
(B) For meadows and wet areas, the condition description shall include spatial extent, species composition, and stand structure (including overstory/understory coverage) of the project area; relevant watercourse condition factors stated in Board Technical Rule Addendum #2; and other factors indicative of meadow or wet area geomorphic and hydrological functions.
(5) The RPF shall state the project goals and the measures of success for the proposed aspen, meadow, or wet area restoration project. For purposes of this subsection, measures of success means criteria related to a physical condition that can be measured using conventional forestry equipment or readily available technology to indicate the level of accomplishment of the project goals.
(A) Aspen, meadow or wet area project goals and measures of success shall be based on the condition assessment required in 14 CCR §§ 913.4, 933.4, 953.4, subsection (e)(4), and identification of problematic aspen, meadow or wet area conditions and their agents/causes. Information shall include a description of factors that may be putting aspen stands, meadow, or wet areas at risk, and presence of any unique physical conditions. Projects shall be designed to contribute to rectifying factors that are limiting restoration, to the extent feasible.
(6) For projects of twenty (20) acres or less in size, the RPF has the option to not include the requirements of 14 CCR §§913.4, 933.4, 953.4, subsections (e)(4) and (5) if the RPF consults with DFG prior to plan submittal and, if wet areas are proposed, the RPF shall also consult with the appropriate RWQCB in those locations where the applicable basin plan identifies wet areas as a beneficial use. The results of the consultation(s) shall be included in the plan.
(7) The Department shall review post harvest field conditions of the portions of plans using the aspen, meadow and wet area restoration silvcultural prescription and prepare a monitoring report every five (5) years for the Board. The monitoring report shall summarize information on use of the prescription including: 
(i) the level of achievement of the measures of success as stated in the plan per 14 CCR §§ 913.4, 933.4, and 953.4, subsection (e)(5);
(ii) any post harvest adverse environmental impacts resulting from use of the prescription; 
(iii) any regulatory compliance issues, and; 
(iv) any other significant findings resulting from the review. The review shall include photo point records. 
(8) Exemptions from other FPRs: 
(A) Silvicutural standards for opening size, adjacency requirements, or conifer stocking standards in 14 CCR §§913.1-913.3, 933.1-933.3, 953.1-953.3]; 14 CCR §§913.6, 933.6, 953.6; and 14 CCR §§913.8 do not apply to use of this prescription. 
(B) Minimum resource conservation standards in 14 CCR §§912.7, 932.7, 952.7 do not apply to use of this prescription. 
(C) For purposes of this prescription, timberland productivity and MSP requirements as stated in 14 CCR §§ 913.10, 933.10, and 953.10; and 14 CCR §§913.11, 933.11, 953.11 are compatible with implementing actions that contribute to attaining the measures of success approved by the Department for this prescription. 
NOTE

Authority cited: Sections 4551, 4553 and 4561, Public Resources Code. Reference: Section 4512, 4551.5, 4582 and 4582.5, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). 
3. Change without regulatory effect filed 5-24-89 (Register 89, No. 23).
4. Amendment of subsection (a) and Note filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
5. Amendment of section heading and section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
6. New subsection (c) filed 11-19-97; operative 1-1-98 (Register 97, No. 47).
7. New subsections (d)-(d)(16) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
8. New subsections (e)-(e)(8)(C) and amendment of Note filed 10-6-2011; operative 1-1-2012 pursuant to Public Resources Code section 4551.5 (Register 2011, No. 40).
§913.5. Stocking Status.
Note     •     History

Under any regeneration method where artificial regeneration is specified in the plan to restock the logged area, a preliminary report on the degree of stocking shall be submitted to the Director annually, between October 1 and December 31, beginning two years following completion of logging by the timber owner or his/her agent until the stocking standard of 14 CCR 912.7 is met or exceeded or as otherwise required. This report shall indicate the degree of stocking achieved and any additional measures that will be taken to stock the logged area.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561, 4587 and 4588, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Amendment filed 7-2-79; effective thirtieth day thereafter (Register 79, No. 27).
3. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
§913.6. Alternative Prescriptions.
Note     •     History

(a) An alternative prescription shall be included in a THP when, in the judgment of the RPF, an alternative regeneration method or intermediate treatment offers a more effective or more feasible way of achieving the objectives of Section 913 than any of the standard silvicultural methods provided in this article.
(b) An alternative prescription, as defined in 14 CCR 895.1, shall normally contain at least the following information:
(1) A description of the stand before timber operations, including:
(A) The RPF's professional judgment of the species composition of the stand before harvest.
(B) The RPF's professional judgment of the current stocking on the area expressed in basal area or a combination of basal area and point count.
(C) The RPF's estimate of the basal area per acre to be removed from the stand during harvest.
(2) A description of stand management constraints such as animal, insect, disease, or other natural damage, competing vegetation, harsh site conditions, or other problems which may affect stand management.
(3) A statement of which silvicultural method in the current District rules is most nearly appropriate or feasible and an explanation of why it is not appropriate or feasible.
(4) An explanation of how the proposed alternative prescription will differ from the most nearly feasible method in terms of securing regeneration; protection of soil, water quality, wildlife and disease protection.
(5) A description of the stand expected after completion of timber operations, including the following:
(A) The management objective under which the post-harvest stand is to be managed (even-aged, uneven-aged, or neither);
(B) The desired tree species composition of the post-harvest stand and the RPF's judgment as to the remaining stocking after harvest expressed as basal area or a combination of basal area and point count.
(6) The treatment of the stand to be used in harvesting, including:
(A) The guidelines to be used in determining which trees are to be harvested or left;
(B) The type of field designation to be followed, such as marking, sample marking of at least 20 percent of the area to be harvested, professional supervision of fallers, or other methods; and
(C) The site preparation and regeneration method and time table to be used for restocking.
(c) If an alternative prescription will have the practical on-the-ground effect of a clearcut, regardless of name or description, then the acreage limitations, and requirement for separation by a typical logging unit, yarding equipment limitations, exceptions, and stocking requirements for the clearcut regeneration method, shall apply.
(d) All trees to be harvested or all trees to be retained shall be marked by, or under the supervision of, an RPF prior to harvest. A sample area must be marked prior to the preharvest inspection for evaluation. The sample area shall include at least 10% of the harvest area to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area. The Director may waive the requirements for the remainder of the area when explained and justified by the RPF in the THP.
(e) The Director shall approve the alternative if in his judgment it complies with 14 CCR 898 and if, considering the entire area to which the alternative is to be applied, it would: (1) when compared with the standard most closely related method identified in subsection (b)(3) above have the effect equal to or more favorable than such standard method would achieve in the areas of values relating to soil, the quality and beneficial uses of water, wildlife and fisheries,
(2) not create a significant adverse change in range and forage, and recreation and aesthetic values; and
(3) not reduce the after harvest stocking standards or evenaged prescription limitation below the most closely associated standard, unless the RPF demonstrates that either: 
(A) the harvest will result in stand conditions that will increase long term sustained yield as compared to the long term sustained yield achieved by utilizing the stocking standards of the method identified in subsection (b)(3); or 
(B) the yield over 20 years of a “No Harvest” alternative would be less than the yield over 20 years of the proposed alternative.
(4) not lead to the direct or indirect conversion of the timberland to other land uses not associated with timber growing and harvesting and compatible uses unless a timberland conversion permit is approved before submission of the THP; and
(5) not result in violations of any of the other standards in the rules of the Board.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5 and 4561, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and  new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). 
3. Change without regulatory effect filed 6-19-89 (Register 89, No. 28).
4. Repealer of subsection (d) and new subsections (d) and (e) filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
5. Amendment of subsections (e), (e)(1), (3) and (4) and new subsection (e)(3)(B) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
6. Amendment of subsection (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
7. Editorial correction of subsection (d) (Register 97, No. 48).
§913.7. Exceptions.
Note     •     History

The requirements of this article shall not prohibit the timber operator from cutting or removing trees for purposes of: 
(a) Clearing rights-of-way, log landings, campsites, or firebreaks necessary for the conduct of timber operations. 
(b) The harvesting of Christmas trees and construction of a public fire protection agency fuelbreak is also permitted.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4584, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer of former Section 913.7 and renumbering of Section 913.10 to Section 913.7 filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). 
3. Amendment filed 11-19-97; operative 1-1-98 (Register 97, No. 47).
§913.8. Special Harvesting Methods for Southern Subdistrict.
Note     •     History

Only the following regeneration methods and stocking requirements shall apply in the Southern Subdistrict of the Coast Forest District. Timber operations shall be conducted in accordance with subsections (a), (b), (c), or (d) below. If the provisions of more than one subsection will be used within any individual timber operation or logging area, a line separating the areas to be cut under provisions of each shall be shown in the plan and clearly defined on the ground by paint or other means prior to filing the plan and so as to be readily identifiable during and after completion of logging.
(a) Leave uncut a well-distributed timber stand after timber operations have been completed on the logging area that is at least 40% by number of those trees 45.7 cm (18 inches) and more d.b.h. present prior to commencement of current timber operations and at least 50% by number of those trees over 30.5 cm (12 inches) d.b.h., but less than 45.7 cm (18 inches) d.b.h. Leave trees shall be thrifty coniferous trees which were dominant or co-dominant in crown class prior to timber harvesting or which have crowns typical of such dominant or co-dominant trees. They shall be free from significant damage caused by the timber operations. No conifer shall be cut which is more than 22.9 m (75 feet) from a leave tree 30.5 cm (12 inches) d.b.h. or larger located within the logging area. Average top stump diameter, outside bark, shall be considered 2.5 cm (1 inch) greater than d.b.h. No area may be cut in excess of the leave tree standards of this rule in any 10 year period. Upon completion of timber operations one of the following stocking standards for coniferous trees shall be met:
(1) Basal Area. The average residual basal area, measured in stems 2.5 cm (1 inch) or larger in diameter at least 27.6 m 2/ha (120 square feet per acre) on Site I lands, and at least 22.7 m 2/ha (100 square feet per acre) on Site II lands, and 17.22 m 2/ha (75 square feet per acre) on Site III lands, and 11.48 m 2/ha (50 square feet per acre) on Sites IV and V lands.
(2) Countable Trees. The area contains a well-distributed stand of trees with an average of at least 1112 countable trees per ha (450 point count per acre) as determined by using the following countable tree equivalents:
(A) 1112 countable trees per ha (450 countable trees per acre) not more than 10.2 cm (4 inches) d.b.h.; each tree to count as one toward meeting stocking requirements.
(B) 371 countable trees per ha (150 countable trees per acre) over 10.2 cm (4 inches) d.b.h. and not more than 30.5 cm (12 inches) d.b.h.; each tree to count as 3 toward meeting stocking requirements.
(C) 185 countable trees per ha (75 countable trees per acre) over 30.5 cm (12 inches) d.b.h. and not more than 45.7 cm (18 inches) d.b.h.; each tree to count as 6 toward meeting stocking requirements.
(D) 124 countable trees per ha (50 countable trees per acre) over 45.7 cm (18 inches) d.b.h.; and not more than 61 cm (24 inches) d.b.h.; each tree to count as 9 toward meeting stocking requirements.
(E) 74 countable trees per ha (30 countable trees per acre) over 61 cm (24 inches) d.b.h.; each tree to count as 15 toward meeting stocking requirements.
(F) Redwood root crown sprouts over .3 m (1 foot) in height will be counted using the average stump diameter .3 m (1 foot) above average ground level of the original stump from which the redwood root crown sprouts originate counting 1 sprout for each .3 m (1 foot) of stump diameter to a maximum of 6 per stump. Any countable redwood root crown sprout over .3 m (1 foot) in height but less than 10.2 cm (4 inches) d.b.h. shall count as 1 toward meeting stocking requirements.
(b) An alternative regeneration method may be approved only if all of the following are met:
(1) The regeneration method described in subsection (a) above is not silviculturally appropriate or feasible in the professional judgment of the Director and the RPF who prepared the plan.
(2) Cutting methods prescribed under the provisions of this section must maintain a well-distributed tree crown cover of at least 50% of the pre-existing tree crown canopy. At no time shall the crown cover be reduced to a level where the productivity of the land is jeopardized or to a level which would create a threat to soil and/or water resources. Provided the required crown cover can be maintained, the removal of all trees in small groups not exceeding .202 ha (one-half acre) in size may be approved as part of the overall cutting prescription.
(3) The alternative method shall provide overall protection at least equal to that of the standard provided by subsection (a) for watershed, wildlife, soil and aesthetic resources considering the silvicultural method, conditions necessary for regeneration, tree growth rate, annual rainfall, summer temperature and length of dry season, critical problems of erodible soils, unstable areas, need for high water quality, increased fire potential and exposure to more intensive use.
(4) A plan agreed upon between the RPF and the Director is prepared which gives timber stand information concerning stocking levels, cutting goals, timber stand growth and future harvest timing expectations. The plan must also include information on site location and preparation for planting required under (6) below.
(5) The timber operator is responsible for carrying out timber operations as described in the plan. The plan submitter is responsible for retaining an RPF to provide professional advice to the timber operator and timberland owner on a continuing basis throughout the timber operations. The RPF or the designee of the RPF works closely with the timber operator to help assure compliance with the approved alternative prescription and the terms and specifications of the approved plan. The RPF or the designee of the RPF is present on the harvest area sufficient hours each week to know the operations' progress and advise the timber operator. The RPF informs the timber operator of potential environmental impacts and the mitigation measures to be taken to minimize such impacts. The timber operator shall sign the plan and major amendments thereto, or shall sign and file with the Director a facsimile thereof prior to commencement or continuation of operation thereunder agreeing to abide by the terms and specifications of the plan. An RPF may be responsible for the conduct of timber operations under contractual arrangements with the timber owner.
(6) The logging area shall meet the stocking standards described in 14 CCR 913.8(a) within five years following completion of timber operations. Hardwoods, as per 14 CCR 912 “Commercial Species,” designated for management may be counted for stocking. If such hardwoods are counted to meet stocking requirements, at least 20% of the total harvest area cut under 14 CCR 913.8(a) shall be planted with conifer trees at the rate of at least 1112 well-distributed trees per ha (450 trees/acre).
(c) The harvest of dead, dying or deteriorating trees resulting from fire, wind, insect, disease, flood, or other injurious agents as provided in 14 CCR 913.3(b) shall be exempt from 14 CCR 913.8(a) and (b) except for stocking under 14 CCR 913.8(b) provided there has been a preharvest inspection and a plan has been approved.
(d) Eucalyptus stands designated for management as a commercial crop may be harvested under the evenage silvicultural system provided the following conditions and limitations are met:
(1) Except as provided in 14 CCR 913.1 (a) (2), clearcuts shall be limited to 10 acres in size, and must conform with all other provisions of 14 CCR 913.1 (a).
(2) Clearcut areas shall be screened from direct public view by having screening vegetation between the clearcut area and public areas utilized by substantial numbers of viewers. Screening vegetation shall be a minimum of 100 feet in width. Screening shall be retained until vegetative regrowth effectively covers all areas of visible bare soil.
(3) Regenerated stands may be re-entered for harvest not sooner than ten (10) years after harvest.
NOTE

Authority cited: Sections 4551, 4553, 4561 and 4562.5, Public Resources Code. Reference: Sections 4561, 4561.1, 4562.5 and 4562.7, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and new section filed 7-2-79; effective thirtieth day thereafter (Register 79, No. 27).
3. Repealer of former section 913.8 and renumbering and amendment of section 913.9 to section 913.8 filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
4. Amendment of first paragraph and new subsection (d) filed 8-10-87; operative 9-9-87 (Register 87, No. 33).
5. Amendment of subsection (b)(3) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
§913.9. Southern Subdistrict--Cutting Method and Stocking Provisions. [Repealed]
History

HISTORY

1. Renumbering and amendment of Section 913.9 to Section 913.8 filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). 
§913.10. Timberland Productivity.
Note     •     History

The goal of this section is to restore, enhance and maintain the productivity of the state's timberlands, where feasible.
(a) Where feasible, the productivity of timberlands shall be maintained on a site-specific basis by
(1) meeting the stocking standards of the selected silvicultural or regeneration method, or that level of stocking above the minimum that will achieve long term sustained yield (LTSY) that is proposed in 913.11 a or b. 
(2) proposing and implementing an appropriate silvicultural system and regeneration method for the site,
(3) protecting the soil resource and its ability to grow commercial tree species and provide sustainable associated forest values.
(b) Timberland productivity is restored by mitigating the adverse effects of catastrophic events or previous land use activities in order to improve the site capacity to grow for harvest commercial tree species and provide forest values.
(c) Timberland productivity is enhanced by such means as planting, thinning, stand manipulation, stream channel improvement, or other techniques that will lead to increased tree growth and yield, accumulation of growing stock and production of associated forest values.
(d) Measures implemented to mitigate or avoid adverse environmental impacts of timber harvesting contribute to restoration and enhancement of timberland productivity.  Plan submitters are encouraged, but not required, to undertake additional measures to restore and enhance timberland productivity.  CDF may advise plan submitters of measures which could be undertaken at the  plan submitters' option to further restore and enhance timberland productivity.
(e) This section does not impose any additional obligation on owners of timberlands where wildfires, insects, disease, wind, flood, or other blight caused by an act of nature reduces stocking levels below any applicable stocking requirements.
NOTE

Authority cited: Section 4551, Public Resources Code.  Reference: Sections 4513, 4551.5, 4561 and 21080.5, Public Resources Code.
HISTORY

1. Repealer and new section filed 5-16-94; operative 5-16-94 (Register 94, No. 20).  For prior history, see Register 94, No. 1.
§913.11. Maximum Sustained Production of High Quality Timber Products.
Note     •     History

The goal of this section is the achieve Maximum Sustained Production of High Quality Timber Products (MSP).  MSP is achieved by meeting the requirements of either (a) or (b) or (c) in a THP, SYP or NTMP, or as otherwise provided in Article 6.8.
(a) Where a Sustained Yield Plan (14 CCR § 1091.1) or Nonindustrial Timber Management Plan (NTMP) has not been approved for an ownership, MSP will be achieved by:
(1) Producing the yield of timber products specified by the landowner, taking into account biologic and economic factors, while accounting for limits on productivity due to constraints imposed from consideration of other forest values, including but not limited to, recreation, watershed, wildlife, range and forage, fisheries, regional economic vitality, employment and aesthetic enjoyment.
(2) Balancing growth and harvest over time, as explained in the THP for an ownership, within an assessment area set by the timber owner or timberland owner and agreed to by the Director.  For purposes of this subsection the sufficiency of information necessary to demonstrate the balance of growth and harvest over time for the assessment area shall be guided by the principles of practicality and reasonableness in light of the size of the ownership and the time since adoption of this section using the best information available. The projected inventory resulting from harvesting over time shall be capable of sustaining the average annual yield achieved during the last decade of the planning horizon. The average annual projected yield over any rolling 10-year period, or over appropriately longer time periods for ownerships which project harvesting at intervals less frequently than once every ten years, shall not exceed the projected long-term sustained yield.
(3) Realizing growth potential as measured by adequate site occupancy by species to be managed and maintained given silvicultural methods selected by the landowner.
(4) Maintaining good stand vigor.
(5) Making provisions for adequate regeneration.  At the plan submitters option, a THP may demonstrate achievement of MSP pursuant to the criteria established in (b) where an SYP has been submitted but not approved.
(b) Where a SYP or NTMP is submitted for an ownership, an approved SYP or NTMP achieves MSP by providing sustainable harvest yields established by the landowner which will support the production level of those high quality timber products the landowner selects while at the same time:
(1) meeting minimal stocking, and basal area standards for the selected silvicultural methods as provided in these rules as described;
(2) protecting the soil, air, fish and wildlife, water resources and any other public trust resources;
(3) giving consideration to recreation, range and forage, regional economic vitality, employment and aesthetic enjoyment;
(4) balancing growth and harvest over time. The projected inventory resulting from harvesting over time shall be capable of sustaining the average annual yield achieved during the last decade of the planning horizon. The average annual projected yield over any rolling 10-year period, or over appropriately longer time periods for ownerships which project harvesting at intervals less frequently than once every ten years, shall not exceed the projected long-term sustained yield.  A THP which relies upon and is found to be consistent with an approved SYP shall be deemed adequate to achieve MSP.
(c) In a THP or NTMP, MSP is achieved by:
(1) for evenage management, meeting the minimum stand age standards of 14 CCR § 913.1(a)(1), meeting minimum stocking and basal area standards for the selected silvicultural methods as contained in these rules only with group A species, and protecting the soil, air, fish and wildlife, water resources and other public trust resources through the application of these rules; or
(2) for unevenaged management, complying with the seed tree retention standards pursuant to 14 CCR §§ 913.1(c)(1)(A) or 913.2(b)(6), meeting minimum stocking and basal area standards for the selected silvicultural methods as contained in these rules only with group A species, and protecting the soil, air, fish and wildlife, water resources and other public trust resources through the application of these rules.
(3) for intermediate treatments and special prescriptions, complying with the stocking requirements of the individual treatment or prescription.
(4) Timberland ownerships totaling 50,000 acres or less may use subsection (c) to show MSP.
(5) Timberland ownerships of 50,000 acres or more may use subsection (c) through December 31, 1999.  Thereafter they may use subsection (c) if an SYP or demonstration of achievement of MSP pursuant to 14 CCR § 913.11(a) has been filed with the department and has not been returned unfiled or approved.
(6) For scattered parcels on timberland ownerships of 50,000 acres or more, subsection (c) may be used to show MSP.
NOTE

Authority cited: Sections 4551 and 4554.5, Public Resources Code.  Reference: Sections 4513, 4551.5, 4561 and 21080.5, Public Resources Code.
HISTORY

1. Repealed by operation of Government Code section 11346.1.  New section filed 5-16-94; operative 5-16-94 (Register 94, No. 20).  For prior history, see Register 92, No. 25.
2. Amendment of subsections (c)(4) and (c)(5) and amendment of Note filed 11-13-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 46).
3. Amendment of first paragraph filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
4. Editorial correction inserting inadvertently omitted last paragraph (Register 96, No. 48).
5. Amendment of subsection (c)(5) and new subsection (c)(6) filed 11-24-97; operative 1-1-98 (Register 97, No. 48).
6. Amendment of subsection (c)(5) filed 11-18-98; operative 1-1-99 (Register 98, No. 47).
7. Amendment of subsections (a), (c)(1)-(2) and (c)(5) filed 11-16-2005; operative 1-1-2006 (Register 2005, No. 46).
Article 4. Harvesting Practices and Erosion Control
§914. Purposes.
Note     •     History

Timber operations shall be conducted to: meet the goal of maximum sustained production of high quality timber products; minimize breakage of merchantable timber; prevent unreasonable damage to residual trees, fish and wildlife habitat as identified in the THP, or contained in the rules, reproduction, and riparian vegetation; prevent degradation of the quality and beneficial uses of water; and maintain site productivity by minimizing soil loss.
The following provisions shall be applied in a manner which achieves this standard.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553 Public Resources Code. Reference: 33 U.S.C.A. Section 1288; Sections 4512, 4513, 4514.3, 4527, 4562.7 and 4582, Public Resources Code.
HISTORY

1. Repealer of Article 4 (Sections 914-914.7) and new Article 4 (Sections 914-914.9, not consecutive) filed 8-4-83; designated effective 10-1-83 (Register 83, No. 32). For prior history, see Register 79, No. 9.
2. Amendment filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
§914.1. Felling Practices.
Note

The following standards are applicable to felling practices:
(a) To the fullest extent possible and with due consideration given to topography, lean of trees, landings, utility lines, local obstructions, and safety factors, trees shall be felled to lead in a direction away from watercourses and lakes.
(b) Desirable residual trees and tree seedlings of commercial species, and those oak trees requiring protection pursuant to 14 CAC 953.10 shall not be damaged or destroyed by felling operations, except where unavoidable due to safety factors, lean of trees, location of obstructions or roads, or lack of sufficient openings to accommodate felled trees.
(c) Trees shall be felled in conformance with watercourse and lake protection measures incorporated in timber harvesting plans and consistent with Article 6 of these rules.
(d) Felling practices shall conform to requirements of 914.4, 934.4, 954.4 to protect bird nesting sites.
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.5 and 4562.7, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7, 4581, 4582 and 4582.5, Public Resources Code. 
§914.2. Tractor Operations.
Note     •     History

The following standards are applicable to tractor operations:
(a) Tractor operations shall be conducted in a manner which complies with 14 CCR 914.
(b) Tractor, or other heavy equipment which is equipped with a blade, shall not operate on skid roads or slopes that are so steep as to require the use of the blade for braking.
(c) Tractor roads shall be limited in number and width to the minimum necessary for removal of logs. When less damage to the resources specified in 14 CCR 914 will result, existing tractor roads shall be used instead of constructing new tractor roads.
(d) Heavy equipment shall not operate on unstable areas. If such areas are unavoidable, the RPF shall develop specific measures to minimize the effect of operations on slope instability. These measures shall be explained and justified in the plan and approved by the Director, and must meet the requirements of 14 CCR 914.
(e) Slash and debris from timber operations shall not be bunched adjacent to residual trees required for silvicultural or wildlife purposes or placed in locations where they could be discharged into a Class I or II watercourse, or lake.
(f) Tractor operations shall be subject to the following limitations:
(1) Heavy equipment shall be prohibited where any of the following conditions are present:
(i) slopes steeper than 65%
(ii) slopes steeper than 50% where the erosion hazard rating is high or extreme
(iii) slopes over 50% which lead without flattening to sufficiently dissipate water flow and trap sediment before it reaches a watercourse or lake.
(2) On slopes between 50 percent and 65 percent where the erosion hazard rating is moderate, and all slope percentages are for average slope steepness based on sample areas that are 20 acres, or less if proposed by the RPF or required by the Director, heavy equipment shall be limited to:
(i) existing tractor roads that do not require reconstruction, or
(ii) new tractor roads at a location that has been shown on the THP map, flagged by an RPF or supervised designee prior to the pre-harvest inspection or, when a pre-harvest inspection is not required, prior to the start of timber operations, and approved by the Director.
(3) The RPF may propose exceptions to the limitations on tractor operations described above if the proposed exception will comply with 14 CCR 914, and if the THP both clearly explains the proposed exception and justifies why application of the standard rule is either not feasible, or would not comply with 14 CCR 914. The location of tractor roads to be used under such exceptions shall be flagged prior to the pre-harvest inspection or, when a pre-harvest inspection is not required, prior to the start of timber operations.
(g) Where tractor roads are constructed, timber operators shall use tractor roads only, both for skidding logs to landings and on return trips.
(h) Timber operators shall exercise due diligence so that desirable residual trees and seedlings will not be damaged or destroyed in tractor operations.
(i) Where waterbreaks cannot effectively disperse surface runoff, other erosion controls shall be installed as needed.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7 and 4582, Public Resources Code.
HISTORY

1. Amendment filed 1-24-89; operative 2-1-90 (Register 89, No. 50).
2. Amendment of subsection (d) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
3. New subsection (i) filed 9-23-91; operative 9-23-91 (Register 92, No. 25).
4. Amendment of subsections (d) and (f)-(f)(3) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
5. Amendment of subsection (f)(2)(ii) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§914.3. Cable Yarding.
Note     •     History

The following standards are applicable to cable yarding:
(a) Due diligence shall be exercised in the installing, and operating, of cable lines so that residual trees will not incur unreasonable damage by such installation or use.
(b) Residual trees required to be left upon completion of timber operations shall not be used for rub trees, corner blocks, rigging or other cable ties unless effectively protected from damage.
(c) The practice of tight-lining for the purpose of changing location of cable lines is prohibited unless such practice can be carried on without damaging residual trees.
(d) Cable yarding settings shall take maximum advantage of the natural topography and timber types so that yarding operations will protect residual trees.
(e) Tractors shall not be used in areas designated for cable yarding except to pull trees away from streams, to yard logs in areas where deflection is low, where swing yarding is advantageous, to construct firebreaks and/or layouts, and to provide tail-holds. Such exception(s) shall be explained and justified in the THP, and require Director's approval.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7 and 4582, Public Resources Code.
HISTORY

1. Amendment of subsection (e) filed 8-17-84; effective thirtieth day thereafter (Register 84, No. 33). 
2. Amendment of subsection (e) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
§914.5. Servicing of Logging Equipment, Disposal of Refuse, Litter, Trash and Debris.
Note

The following standards shall be adhered to in servicing logging equipment and disposing of refuse, litter, trash and debris:
(a) Equipment used in timber operations shall not be serviced in locations where servicing will allow grease, oil, or fuel to pass into lakes or watercourses.
(b) Non-biodegradable refuse, litter, trash, and debris resulting from timber operations, and other activity in connection with the operations shall be disposed of concurrently with the conduct of timber operations.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512 and 4513, Public Resources Code. 
§914.6. Waterbreaks.
Note     •     History

The following standards are applicable to the construction of waterbreaks:
(a) except as otherwise provided for in the rules:
(1) All waterbreaks shall be installed no later than the beginning of the winter period of the current year of timber operations.
(2) Installation of drainage facilities and structures is required from October 15 to November 15 and from April 1 to May 1 on all constructed skid trails and tractor roads prior to sunset if the National Weather Service forecast is a “chance” (30% or more) of rain within the next 24 hours.
(b) Waterbreaks shall be constructed concurrently with the construction of firebreaks and immediately upon conclusion of use of tractor roads, roads, layouts, and landings which do not have permanent and adequate drainage facilities, or drainage structures.
(c) Distances between waterbreaks shall not exceed the following standards:

MAXIMUM DISTANCE BETWEEN WATERBREAKS

View Graphic
The appropriate waterbreak spacing shall be based upon the erosion hazard rating and road or trail gradient.
(d) Cable roads that are so deeply cut as to divert and carry water away from natural drainage patterns for more than 100 feet shall have waterbreaks installed on them at 100 feet intervals, or other appropriate erosion control measures may be applied if specified in the plan.
(e) Waterbreaks shall be installed at all natural watercourses on tractor roads and firebreaks regardless of the maximum distances specified in this section except where permanent drainage facilities are provided.
(f) Waterbreaks shall be located to allow water to be discharged into some form of vegetative cover, duff, slash, rocks, or less erodible material wherever possible, and shall be constructed to provide for unrestricted discharge at the lower end of the waterbreak so that water will be discharged and spread in such a manner that erosion shall be minimized. Where waterbreaks cannot effectively disperse surface runoff, including where waterbreaks on roads and skid trail cause surface run-off to be concentrated on downslopes, roads or skid trails, other erosion controls shall be installed as needed to comply with 14 CCR 914.
(g) Waterbreaks shall be cut diagonally a minimum of 15.2 cm (6 inches) into the firm roadbed, cableroad, skid trail or firebreak surface and shall have a continuous firm embankment of at least 15.2 cm (6 inches) in height immediately adjacent to the lower edge of the waterbreak cut. In the Southern Subdistrict of the Coast Forest District, on truck roads having firmly compacted surfaces, waterbreaks installed by hand methods need not provide the additional 15.2 cm (6 inch) embankment provided the waterbreak ditch is constructed so that it is at least 15.2 cm (6 inches) deep and 15.2 cm (6 inches) wide on the bottom and provided there is ample evidence based on slope, material amount of rainfall, and period of use that the waterbreaks so constructed will be effective in diverting water flow from the road surface without the embankment.
(h) Waterbreaks or any other erosion controls on skid trails, cable roads, layouts, firebreaks, abandoned roads, and site preparation areas shall be maintained during the prescribed maintenance period and during timber operations as defined in PRC sections 4527 and 4551.5 so that they continue to function in a manner which minimizes soil erosion and slope instability and which prevents degradation of the quality and beneficial uses of water. The method and timing of waterbreak repair and other erosion control maintenance shall be selected with due consideration given to protection of residual trees and reproduction and the intent of 14 CCR 914.
(i) The prescribed maintenance period for waterbreaks and any other erosion control facilities on skid trails, cable roads, layouts, firebreaks, abandoned roads, and site preparation areas, shall be at least one year.
The Director may prescribe a maintenance period extending as much as three years after filing of the work completion report in accordance with 14 CCR 1050.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7, and 4582, Public Resources Code.
HISTORY

1. Amendment of subsection (h) and new subsection (i) filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
2. Amendment of subsection (d) filed 8-9-90; operative 9-10-90 (Register 90, No. 41).
3. Amendment of subsection (f) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
4. New subsection (a), redesignation and amendment of former subsection (a) to new subsection (a)(1), new subsection (a)(2) and amendment of table headings filed 4-21-99; operative 1-1-2000 pursuant to Public Resources Code section 4554.5 (Register 99, No. 17). 
5. Change without regulatory effect amending section heading and removing pre-2000 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17).
§914.7. Timber Operations, Winter Period.
Note     •     History

During the winter period:
(a) Mechanical site preparation and timber harvesting, shall not be conducted unless in winter period operating plan is incorporated in the timber harvesting plan and is followed, or unless the requirements of subsection (c) are met. Cable, helicopter and balloon yarding methods are exempted.
(b) The winter period operating plan shall include the specific measures to be taken in winter timber operations to minimize damage due to erosion, soil movement into watercourses and soil compaction from felling, yarding, loading, mechanical site preparation, and erosion control activities. A winter period operating plan shall address the following subjects:
(1) Erosion hazard rating.
(2) Mechanical site preparation methods.
(3) Yarding system (constructed skid trails).
(4) Operating period.
(5) Erosion control facilities timing.
(6) Consideration of form of precipitation-rain or snow.
(7) Ground conditions (soil moisture condition, frozen).
(8) Silvicultural system-ground cover.
(9) Operations within the WLPZ.
(10) Equipment use limitations.
(11) Known unstable areas.
(c) In lieu of a winter period operating plan, the RPF can specify the following measures in the THP:
(1) Tractor yarding or the use of tractors of constructing layouts, firebreaks or other tractor roads shall be done only during dry, rainless periods but shall not be conducted on saturated soil conditions that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements.
(2) Erosion control structures shall be installed on all constructed skid trails and tractor roads prior to the end of the day if the U.S. Weather Service forecast is a “chance” (30 percent or more) of rain before the next day, and prior to weekend or other shutdown periods.
The provisions of this subsection do not apply to mechanical site preparation.
(3) Site specific mitigation measures needed to comply with 14 CCR 914  for operations within the WLPZ and unstable areas during the winter period.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7 and 4582, Public Resources Code.
HISTORY

1. Amendment filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
2. Amendment of subsections (a), (b) and (c)(3) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
3. Amendment of subsection (c)(1) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§914.8. Tractor Road Watercourse Crossing.
Note     •     History

Watercourse crossing facilities on tractor roads shall be planned, constructed, maintained, and removed according to the following standards:
(a) The number of crossings shall be kept to a minimum. Existing crossing locations shall be used wherever feasible.
(b) A prepared watercourse crossing using a structure such as a bridge, culvert, or temporary log culvert shall be used to protect the watercourse from siltation where tractor roads cross a watercourse in which water may be present during the life of the crossing.
(c) Crossing facilities on watercourses that support fish shall allow for unrestricted passage of all life stages of fish that may be present, and for unrestricted passage of water. Such crossing facilities shall be fully described in sufficient clarity and detail to allow evaluation by the review team and the public, provide direction to the LTO for implementation, and provide enforceable standards for the inspector. 
(d) Watercourse crossing facilities not constructed to permanent crossing standards on tractor roads shall be removed before the beginning of the winter period. If a watercourse crossing is to be removed, it shall be removed in accordance with 14 CCR § 923.3, subsection (d).
(e) If the watercourse crossing involves a culvert, the minimum diameter shall be stated in the THP and the culvert shall be of a sufficient length to extend beyond the fill material.
(f) Consistent with the protection of water quality, exceptions may be provided through the Fish and Game Code and shall be indicated in the plan.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7 and 4582, Public Resources Code.
HISTORY

1. Amendment of subsection (d) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
2. Amendment of subsection (e) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
3. Amendment of subsections (a) and (c) and new subsection (g) filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
4. Amendment of subsection (g) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
5. Amendment of subsection (g) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
6. Amendment of last paragraph and amendment of Note filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
7. Amendment of subsection (g) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
8. Amendment of subsection (g) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
9. Amendment of subsection (g) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
10. Amendment of subsections (f) and (g) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
11. Amendment of subsection (d) and repealer of subsection (g) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§914.9. Alternatives to Standard Rules.
Note

(a) Alternative practices may be developed by the RPF on a site-specific basis provided the following conditions are complied with and the alternative practices will achieve environmental protection at least equal to that which would result from using measures stated in Sections 914.1-914.8.
(1) Environmental impacts with potential for significant adverse effects on the beneficial uses of water, on the residual timber, and on the soil productivity are identified and measures proposed to mitigate such impacts are included in an approved THP. The THP shall also contain a clear statement as to why alternative harvesting and erosion control measures are needed.
(2) The alternative practice(s) must be explained in sufficient detail and standards provided in the THP so that they can be adequately evaluated and enforced by the Director and implemented by the licensed timber operator.
(3) On a THP in which alternatives covering harvesting and erosion control measures have been incorporated, the timber operator shall agree to the alternative specifications by signing and filing with the Director a copy of the plan, the amended plan or a facsimile thereof, prior to beginning or continuing operations on the portion of the plan to which the alternatives apply.
(b) The Director shall not accept for inclusion in a THP alternative harvesting and erosion control measures proposed under this section which do not meet the standard of subsection (a) of this section. In the event that there is more than one written negative position showing that the alternative practice(s) does (do) not meet the standard of subsection (a) received from among the agencies listed in 14 CAC 1037.3 and the Department of Forestry which participated in the review of the plan including on-the-ground inspection, the Director shall reject the proposed alternative.
(c) Alternative practices stated in an approved THP shall have the same force and authority as those practices required by the standard rule.
NOTE

Authority cited: Sections 4551, 4551.5, 4552, 4562.5, 4562.7 and 21080, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4552, 4562.5, 4562.7, 4582, 21002 and 21080.5, Public Resources Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1975) 59 C.A. 3rd 959, 131 Cal Rptr, 172. 
Article 5. Site Preparation
§915. Purposes.
Note     •     History

Site preparation shall be planned and conducted in a manner which encourages maximum timber productivity, minimizes fire hazard, prevents substantial adverse effects to soil resources and to fish and wildlife habitat, and prevents degradation of the quality and beneficial uses of water. The following provisions shall be applied in a manner which complies with this standard.
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50). For prior history, see Register 83, No. 32. 
§915.1. Use of Heavy Equipment for Site Preparation.
Note     •     History

(a) Use of heavy equipment for site preparation shall comply with the provisions set forth in 14 CCR 914.2.
(b) Heavy equipment shall not be used for site preparation under saturated soil conditions that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters; that violate Water Quality Requirements; or when it cannot operate under its own power due to wet conditions .
(c) Watercourse crossings for heavy equipment shall be planned, constructed, maintained, and removed in accordance with the requirements for tractor roads in 14 CCR Section 914.8.
(d) Undisturbed areas or energy dissipators shall be used to control and disperse concentrated runoff from roads, landings, tractor roads, firebreaks and erosion control facilities where it flows into site preparation areas.
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code. 
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50). For prior history, see Register 83, No. 32. 
2. Amendment of subsection (b) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§915.2. Treatment of Vegetative Matter.
Note     •     History

(a) Piling, burning, and other treatment of snags, slash and vegetative matter and protection of desirable residual trees during site preparation shall comply with 14 CCR Sections 917 through 917.7.
(b) Broadcast burning shall not fully consume the larger organic debris which retains soil on slopes and stabilizes watercourse banks. The Director may approve exceptions to this requirement when such exceptions are explained and justified in the THP and the exceptions would provide for the protection of the beneficial uses of water or control erosion to a standard at least equal to that which would result from application of the standard rule.
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50). For prior history, see Register 83, No. 32. 
§915.3. Protection of Natural Resources.
Note     •     History

(a) Site preparation activities shall comply with the watercourse and lake protection requirements in 14 CCR Article 6 and 917.3.
(b) Site preparation activities shall comply with the wildlife and habitat protection provisions of 14 CCR Article 9.
(c) Site preparation shall performed in a manner which does not deleteriously affect species which are threatened, endangered, or designated by the Board as species of special concern. The director may allow exceptions to this standard in the plan, after consultation with the Department of Fish and Game pursuant to the California Endangered Species Act (F&G Code 2050-2098).
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50). For prior history, see Register 83, No. 32. 
§915.4. Site Preparation Addendum.
Note     •     History

Where site preparation will occur on the logging area, the THP shall incorporate a site preparation addendum which includes the following information: 
(a) Whether site preparation will be required to meet stocking.
(b) The general methods of site preparation to be used.
(c) The types of equipment (if any) to be used for mechanical site preparation and firebreak construction.
(d) The methods for protecting any desirable residual trees in accordance with 14 CCR 917.7.
(e) Explanations and justifications for any exceptions or alternatives to the standard rules.
(f) A map identifying the boundaries of site preparation areas, if different from logging area boundaries, and distinguishing areas by type of site preparation activity.
(g) The name, address, and telephone number of the person responsible for conduct of site preparation activities shall be provided prior to conducting site preparation activities.
(h) The estimated timing of site preparation operations.
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50). For prior history, see Register 83, No. 32.
2. Amendment of subsection (g) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§915.5. Waterbreaks. [Repealed]
History

HISTORY

1. Repealer filed 8-4-83; designated effective 10-1-83 (Register 83, No. 32).
§915.6. Erosion Control, Winter Period. [Repealed]
History

HISTORY

1. Repealer filed 8-4-83; designated effective 10-1-83 (Register 83, No. 32).
§915.7. Timber Harvesting, Winter Period. [Repealed]
History

HISTORY

1. Repealer filed 8-4-83; designated effective 10-1-83 (Register 83, No. 32).
§915.8. Erosion Hazard Ratings. [Repealed]
History

HISTORY

1. Repealer filed 7-2-82; designated effective 1-1-83 (Register 82, No. 27).
§915.9. Specific Erosion Control Measures. [Repealed]
History

HISTORY

1. Repealer filed 8-4-83; designated effective 10-1-83 (Register 83, No. 32).
Article 6. Watercourse and Lake Protection
§916. Intent of Watercourse and Lake Protection.
Note     •     History

The purpose of this article is to ensure that timber operations do not potentially cause significant adverse site-specific and cumulative impacts to the beneficial uses of water, native aquatic and riparian-associated species, and the beneficial functions of riparian zones; or result in an unauthorized take of listed aquatic species; or threaten to cause violation of any applicable legal requirements. This article also provides protection measures for application in watersheds with listed anadromous salmonids and watersheds listed as water quality limited under Section 303(d) of the Federal Clean Water Act. 
It is the intent of the Board to restore, enhance, and maintain the productivity of timberlands while providing appropriate levels of consideration for the quality and beneficial uses of water relative to that productivity. Further, it is the intent of the Board to clarify and assign responsibility for recognition of potential and existing impacts of timber operations on watercourses and lakes, native aquatic and riparian-associated species, and the beneficial functions of riparian zones and to ensure all plans, exemptions and emergency notices employ feasible measures to effectively achieve compliance with this article. Further, it is the intent of the Board that the evaluations that are made, and the measures that are taken or prescribed, be documented in a manner that clearly and accurately represents those existing conditions and those measures. “Evaluations made” pertain to the assessment of the conditions of the physical form, water quality, and biological characteristics of watercourses and lakes, including cumulative impacts affecting the beneficial uses of water on both the area of planned logging operations and in the Watershed Assessment Area (WAA). “Measures taken” pertain to the procedures used or prescribed for the restoration, enhancement, and maintenance of the beneficial uses of water. 
All provisions of this article shall be applied in a manner, which complies with the following: 
(a) During and following timber operations, the beneficial uses of water, native aquatic and riparian-associated species, and the beneficial functions of riparian zones shall be maintained where they are in good condition, protected where they are threatened, and insofar as feasible, restored where they are impaired. 
(b) Maintenance, protection, and contribution towards restoration of the quality and beneficial uses of water during the planning, review, and conduct of timber operations shall comply with all applicable legal requirements including those set forth in any applicable water quality control plan adopted or approved by the State Water Resources Control Board. At a minimum, the LTO shall not remove water, trees or large woody debris from a watercourse or lake, the adjacent riparian area, or the adjacent flood prone areas in quantities deleterious to fish, wildlife, beneficial functions of riparian zones, or the quality and beneficial uses of water. 
(c) Protecting and restoring native aquatic and riparian-associated species, the beneficial functions of riparian zones, and the quality and beneficial uses of water shall be given equal consideration as a management objective within any prescribed WLPZ and within any ELZ or EEZ designated for watercourse or lake protection and any other location where timber operations may affect riparian zones or the quality and beneficial uses of water. 
(d) The measures set forth in this Section are meant to enforce the public's historical and legal interest in protection for wildlife, fish, and water quality and are to be used to guide timberland owners in meeting their legal responsibilities to protect public trust resources. 
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4552, 4562.5, 4562.7, 21001(b), (f), 21002 and 21002.1, Public Resources Code; and Sections 100, 1243, 1243.5, 13001, 13050(f), 13146 and 13147, Water Code.
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27). 
3. Amendment of section and NOTE filed 12-2-99; operative 1-1-2000 pursuant to Government Code section 11343.4(a) and Public Resources Code section 4554.5 (Register 99, No. 49).  
4. Amendment of section and Note filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
5. Amendment of subsection (e) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
6. Amendment of subsection (e) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
7. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
8. Amendment of subsection (e) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
9. Amendment of subsection (e) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
10. Amendment of subsection (e) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
11. Amendment of subsection (e) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
12. Amendment filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§916.1. In Lieu Practices.
Note     •     History

In rule sections where provision is made for site specific practices to be approved by the director and included in the THP in lieu of a stated rule, the RPF shall reference the standard rule, shall explain and describe each proposed practice, how it differs from the standard practice, and the specific locations where it shall be applied; and shall explain and justify how the protection provided by the proposed practice is at least equal to the protection provided by standard rule.
(a) The in lieu practice(s) must provide for the protection of the beneficial uses of water to the standards of 14 CCR 916.3 and 916.4(b).
(b) In lieu practices stated in an approved THP shall have the same enforceability and legal authority as those practices required by the standard rules.
(c) Any in lieu practices which propose less than standard rule WLPZ widths for Class I watercourses shall include 14 CCR 916.5(e) “A” & “D” protection measures.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21001(b), (f), 21002 and 21002.1, Public Resources Code; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment and new subsection (c) filed 9-23-91; operative 10-23-91 (Register 92, No. 25). 
§916.2. Protection of the Beneficial Uses of Water and Riparian Functions.
Note     •     History

(a) The measures used to protect each watercourse and lake in a logging area shall be determined by the presence and condition of the following values: 
(1) The existing and restorable quality and beneficial uses of water as specified by the applicable water quality control plan and as further identified and refined during preparation and review of the plan. 
(2) The existing and restorable uses of water for fisheries as identified by the DFG or as further identified and refined during preparation and review of the plan. 
(3) The beneficial functions of the riparian zone that provides for the biological needs of native aquatic and riparian-associated species as specified in 14 CCR §916.4, subsection (b) and 14 CCR §916.9 when the plan is in a planning watershed with listed anadromous salmonids. 
(4) Sensitive conditions near watercourses and lakes as specified in 14 CCR §916.4, subsection (a). 
The maintenance, protection, and contribution towards restoration of these values shall be achieved through a combination of the rules and plan-specific mitigation. The RPF shall propose, and the Director may require, adequate protection of overflow and changeable channels which are not contained within the channel zone.
(b) The State's waters are grouped into four classes based on key beneficial uses. These classifications shall be used to determine the appropriate protection measures to be applied during the conduct of timber operations. The basis for classification (characteristics and key beneficial uses) are set forth in 14 CCR §916.5, Table 1 and the range of appropriate protective measures applicable to each class are contained in 14 CCR §§916.3, 916.4, 916.5 and 916.9 when the plan is in a planning watershed with listed anadromous salmonids. 
(c) When the protective measures contained in 14 CCR §§916.5, 916.9 when the plan is in a planning watershed with listed anadromous salmonids, are not adequate to provide for maintenance, protection or to contribute towards restoration of beneficial uses of water set forth in 14 CCR §916.5 Table 1, additional measures to achieve these goals shall be developed by the RPF or proposed by the Director under the provisions of 14 CCR §916.6, Alternative Watercourse and Lake Protection, and incorporated in the plan when approved by the Director. 
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243, 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code.
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment of section heading, repealer of subsection (a), new subsections (a)(1)-(4), and amendment of subsection (c) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
4. Amendment of section heading, section and Note filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
5. Amendment of subsection (d) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
6. Amendment of subsections (a)(4) and (d) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
7. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
8. Amendment of subsection (d) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
9. Amendment of subsection (d) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
10. Amendment of subsection (d) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
11. Amendment of subsection (d) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
12. Amendment filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§916.3. General Limitations Near Watercourses, Lakes, Marshes, Meadows and Other Wet Areas.
Note     •     History

The quality and beneficial uses of water shall not be unreasonably degraded by timber operations. During timber operations, the timber operator shall not place, discharge, or dispose of or deposit in such a manner as to permit to pass into the water of this state, any substances or materials, including, but not limited to, soil, silt, bark, slash, sawdust, or petroleum, in quantities deleterious to fish, wildlife, or the quality and beneficial uses of water. All provisions of this article shall be applied in a manner which complies with this standard.
(a) When there is reasonable expectation that slash, debris, soil, or other material resulting from timber operations, falling or associated activities, will be deposited in Class I and Class II waters below the watercourse or lake transition line or in watercourses which contain or conduct Class IV water, those harvest activities shall be deferred until equipment is available for its removal, or another procedure and schedule for completion of corrective work is approved by the Director.
(b) Accidental depositions of soil or other debris in lakes or below the watercourse or lake transition line in waters classed I, II, and IV shall be removed immediately after the deposition or as approved by the director.
(c) The timber operator shall not construct or reconstruct roads, construct or use tractor roads or landings in Class I, II, III or IV watercourses, in the WLPZ, marshes, wet meadows, and other wet areas unless explained and justified in the THP by the RPF, and approved by the Director, except as follows:
(1) At prepared tractor road crossings as described in 914.8(b).
(2) Crossings of Class III watercourses which are dry at the time of timber operations.
(3) At existing road crossings.
(4) At new tractor and road crossings approved as part of the Fish and Game Code process (F&GC 1600 et seq.)
Use of existing roads is addressed in 916.4(a).
(d) Vegetation, other than commercial species, bordering and covering meadows and wet areas shall be retained and protected during timber operations unless explained and justified in the THP and approved by the director. Soil within the meadows and wet areas shall be protected to the maximum extent possible.
(e) Trees cut within the WLPZ shall be felled away from the watercourse by pulling or other mechanical methods if necessary, in order to protect the residual vegetation in theWLPZ. Exceptions may be proposed in the THP and used when approved by the director.
(f) Where less than 50% canopy exists in the WLPZs of Class I and II waters before timber operations, only sanitation salvage which protects the values described in 14 CCR 916.4(b) shall be allowed.
(g) Recruitment of large woody debris for instream habitat shall be provided by retaining at least two living conifers per acre at least 16 inches diameter breast high and 50 feet tall within 50 feet of all Class I and II watercourses.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 21001(f), Public Resources Code; 40 CFR 35.1505; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment of subsection(a) filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
4. Amendment of first paragraph and subsection (a), repealer of subsection (c), new subsection (c), amendment of subsection (e), repealer of subsection (f), and new subsection (f) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
5. Amendment of subsection (c) and new subsections (c)(1)-(4) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
§916.4. Watercourse and Lake Protection.
Note     •     History

(a) The RPF or supervised designee shall conduct a field examination of all lakes and watercourses and shall map all lakes and watercourses which contain or conduct Class I, II, III or IV waters.
(1) As part of this field examination, the RPF or supervised designee shall evaluate areas near, and areas with the potential to directly impact, watercourses and lakes for sensitive conditions including, but not limited to, existing and proposed roads, skidtrails and landings, unstable and erodible watercourse banks, unstable upslope areas, debris, jam potential, inadequate flow capacity, changeable channels, overflow channels, flood prone areas, and riparian zones wherein the values set forth in 14 CCR §§916.4(b) are impaired. The RPF shall consider these conditions, and those measures needed to maintain, and restore to the extent feasible, the functions set forth in 14 CCR §§916.4(b), when proposing WLPZ widths and protection measures. The plan shall identify such conditions, including where they may interact with proposed timber operations, that individually or cumulatively significantly and adversely affect the beneficial uses of water, and shall describe measures to protect and restore to the extent feasible, the beneficial uses of water. In proposing, reviewing, and approving such measures, preference shall be given to measures that are on-site, or to offsite measures where sites are located to maximize the benefits to the impacted portion of a watercourse or lake.
(2) As part of this field examination, the RPF or supervised designee shall map the location of spawning and rearing habitat for anadromous salmonids, and the condition of the habitat shall be evaluated using habitat typing that at a minimum identifies the pool, flatwater, and riffle percentages. The opportunity for habitat restoration shall be described within the plan for each Class I watercourse, and for each Class II watercourse that can be feasibly restored to a Class I.
(3) The mapping of conditions identified in subsection (a)(1) and (a)(2) above, and their protective measures, shall be sufficiently clear and detailed to permit the Director and the other review team representatives to evaluate the potential environmental impacts of timber operations, the proposed mitigation measures and the proposed restoration measures.
(4) The mapping of conditions identified in subsection (a)(1) and (a)(2) above, and their protective measures, shall be sufficiently clear and detailed to provide direction and clear guidance to the timber operator.
(5) The mapping of conditions identified in 14 CCR §916.4 subsections (a)(1) and (a)(2), and their protective and restoration measures, should be done at a scale of 1:2,400. In site-specific cases, the mapping of critical locations of corrective work and logging operation impacts shall be done at a scale of at least 1:240 when the Director determines it is necessary to evaluate the plan.
(6) One set of photocopies of recent stereo aerial photographs of the plan area may be required by the Director.
(b) The standard width of the WLPZ and/or the associated basic protection measures shall be determined from Table I (14 CCR 916.5), or Section 916.4(c), and shall be stated in the plan. A combination of the rules, the plan, and mitigation measures shall provide protection for the following:
a. Water temperature control.
b. Streambed and flow modification by large woody debris.
c. Filtration of organic and inorganic material.
d. Upslope stability.
e. Bank and channel stabilization.
f. Spawning and rearing habitat for salmonids
g. Vegetation structure diversity for fish and riparian wildlife habitat, possibly including but not limited to,
1. Vertical diversity
2. Migration corridor
3. Nesting, roosting, and escape
4. Food abundance
5. Microclimate modification
6. Snags
7. Surface cover
(1) Measures and the appropriate zone widths for the protection of the State's waters which have been taken from Table I (14 CCR 916.5) or developed under Section 916.4(c) shall be stated in the THP.
(2) All timber operations shall conform to the marking, flagging and other identification of protective measures specified in CCR 916.4 and 916.5 and the THP. Conformance shall be determined based on the evaluation of no less than a 200 foot lineal segment of each watercourse or lake.
(3) The width of the WLPZ shall be measured along the surface of the ground from the watercourse or lake transition line or in the absence of riparian vegetation from the top edge of the watercourse bank.
(4) Slopes shall be measured in percent for the proposed WLPZ. If topography within the proposed WLPZ is variable, segments of the proposed WLPZ should be segregated by slope class as indicated in Table I, 14 CCR 916.5.
(5) If requested by either party, and after on-the-ground inspection, the RPF and the Director may increase or decrease the width of a proposed WLPZ. A decrease shall not exceed 25 percent of the width as determined by the procedure prescribed in Sections 14 CCR 916.4(c), and 916.5. Such changes in zone width shall be based on considerations of soil, slope, biologic, hydrologic, and geologic values listed in Section 14 CCR 916.4(b), silvicultural methods, yarding systems, road location, and site preparation activities. In no case shall the width be adjusted to less than 50 feet for Class I and II waters. Where soil surfaced roads exist within the standard WLPZ, no in-lieu reduction of WLPZ width shall be approved.
(6) Within the WLPZ, at least 75 percent surface cover and undisturbed area shall be retained to act as a filter strip for raindrop energy dissipation, and for wildlife habitat.
This percentage may be adjusted to meet site specific conditions when proposed by the RPF and approved by the Director or where broadcast burning is conducted under the terms of a project type burning permit and in compliance with 14 CCR 915.2(b).
(c) The protection and WLPZ widths for Class III and Class IV waters shall prevent the degradation of the downstream beneficial use of water and shall be determined on a site-specific basis.
(1) Where operations occur adjacent to Class III watercourses, the RPF shall designate in the THP an equipment limitation zone (ELZ) of at least 25 feet where sideslope steepness is less than 30% and at least 50 feet where sideslope steepness is 30% or greater unless explained and justified otherwise in the THP and approved by the director. Class III watercourses within logging areas where the EHR is Low and the slopes are less than 30% shall not require an ELZ unless proposed by the RPF or required by the Director. The RPF shall describe the limitations on the use of heavy equipment in the THP. Where appropriate to protect the beneficial uses of water the RPF shall describe additional protection measures which may include surface cover retention, vegetation protection and timber falling limitations. The location of the areas of heavy equipment use in any ELZ shall be clearly described in the plan, or flagged or marked on the ground before the preharvest inspection. When necessary to protect the beneficial use of water, the RPF shall designate and the Director may require a WLPZ for Class III and Class IV waters or an ELZ for Class IV waters.
(2) The width of the WLPZ for Class III and Class IV waters shall be determined from on-site inspection. Minimum protective measures required when Class III and Class IV protection zones are necessary are contained in Table I 14 CCR 916.5.
(3) Soil deposited during timber operations in a Class III watercourse other than at a temporary crossing shall be removed and debris deposited during timber operations shall be removed or stabilized before the conclusion of timber operations, or before October 15. Temporary crossings shall be removed before the winter period, or as approved by the Director.
(4) When approved by the Director on an individual plan basis as provided in Section 14 CCR 916.4(c)(1) Class IV waters shall be exempted from required protection when such protection is inconsistent with the management objectives of the owner of the manmade watercourse.
(d) Heavy equipment shall not be used in timber falling, yarding, or site preparation within the WLPZ unless such use is explained and justified in the THP, and approved by the Director. 
(e) Flagging for heavy equipment use within the WLPZ adjacent to Class I waters and for all tractor road watercourse crossings of all watercourses must be completed before the preharvest inspection, if one is conducted or start of operations, whichever comes first. Flagging for heavy equipment use within the WLPZ adjacent to Class II, III and IV waters may be done at the option of the RPF or as required by the director on a site-specific basis.
(f) Subsection (d) does not apply to (1)-(4) below. Subsection (e) does not apply to (2)-(4) below.
(1) At prepared tractor road crossings as described in 914.8(b).
(2) Crossings of Class III watercourses which are dry at the time of timber operations.
(3) At existing road crossings.
(4) At new tractor and road crossings approved as part of the Fish and Game Code process (F&GC 1600 et. seq.)
NOTE

Authority cited: Sections 4551, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 21001(f), Public Resources Code; Sections 1600 and 5650(c), Fish and Game Code; Sections 100, 13000 and 13050(f), Water Code; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-143 (Register 83, No. 27).
3. Amendment of subsection (d) filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
4. Amendment and new subsection (b)(6) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
5. Amendment of subsections (d)-(d)(2) and new final subsections (1)-(4) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
6. Repealer and new subsection (c)(1), amendment of subsection (d), redesignation and amendment of former sections (d)(1)-(d)(2) as new subsection (e), and new subsection (f) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
7. Amendment of subsection (a) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
8. Editorial correction of subsection (d) (Register 99, No. 26).
9. Redesignation and amendment of portion of subsection (a) as (a)(1), new subsections (a)(2)-(6), amendment of subsection (b), new subsection (b)f. and subsection relettering filed 12-1-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
§916.5. Procedure for Determining Watercourse and Lake Protection Zone (WLPZ) Widths and Protective Measures.
Note     •     History

The following procedure for determining watercourse and lake protection zone (WLPZ) widths and protective measures. The following procedure for determining WLPZ widths and protective measures shall be followed:
(a) The following information shall be determined from field investigation:
(1) The location of all lakes and watercourses including man made watercourses.
(2) The existing and restorable beneficial uses of the waters to be protected as identified in subsection (1) above.
(3) The side slope classes for the individual class waters to be protected (e.g. < 30%, 30-50%,), where side slope is measured from the watercourse or lake transition line to a point 100 feet upslope from the watercourse or lake transition line, or, in the absence of riparian vegetation, from the top of the watercourse bank. Where slope configurations are variable, a weighted average method shall be used to determine sideslope percent.
(b) The beneficial uses noted from the field investigations in subsection (a) shall be compared to the characteristics or key beneficial uses listed in Row 1 of Table I (14 CCR 916.5) to determine the water classes (e.g. I, II, III, IV, Row 2).
(c) The standard protection zone width differentiated by slope classes determined in subsection (a) are shown in Rows 4-7, Table I (14 CCR 916.5). These widths may be modified as stated in 14 CCR 916.4(b)(5).
(d) The alphabetical letter designations A through I in Rows 4-7, Table 1 14 CCR 916.5, and described in subsection (e) to Table I indicate the standard protective measures to be applied to the classes of water as determined in subsection (b) above.
(e) The letter designations shown in the “Protective Measures and Widths” column in Table I correspond to the following:
“A” WLPZ shall be clearly identified on the ground by the RPF who prepared the plan, or supervised designee, with paint, flagging, or other suitable means prior to the preharvest inspection. For nonindustrial timber management plans, sample identification of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and be consistent with the applicable provisions of 14 CCR §§916.4 and 916.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample identification is adequate for plan evaluation during the preharvest inspection. If sample identification is allowed, the remaining WLPZ shall be identified by an RPF or supervised designee prior to the start of timber operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified.
“B” WLPZ shall be clearly identified on the ground by an RPF or supervised designee, with paint, flagging, or other suitable means, prior to the start of timber operations. In watersheds with listed anadromous salmonids, on the ground identification of the WLPZ shall be completed prior to the preharvest inspection. For all nonindustrial timber management plans, sample identification of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and be consistent with the applicable provisions of 14 CCR §§916.4 and 916.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample identification is adequate for plan evaluation during the preharvest inspection. If sample identification is allowed, the remaining WLPZ shall be identified by an RPF or supervised designee prior to the start of timber operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified.
“C” In site-specific cases, the RPF may provide in the plan, or the director may require, that the WLPZ be clearly identified on the ground with flagging or by other suitable means prior to the start of timber operations.
“D” To ensure retention of shade canopy filter strip properties of the WLPZ and the maintenance of a multi-storied stand for protection of values described in 14 CCR §916.4(b), residual or harvest trees shall be marked, including a base mark below the cut-line within the WLPZ by the RPF, or supervised designee. Outside of watersheds with listed anadromous salmonids, sample marking prior to the preharvest inspection is satisfactory in those cases where the Director determines it is adequate for plan evaluation. When sample marking has been used, the remaining WLPZ shall be marked in advance of falling operations by the RPF, or supervised designee. In watersheds with threatened or impaired values, trees shall be marked in advance of the preharvest inspection. For all nonindustrial timber management plans, sample marking of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and shall be consistent with the applicable provisions of 14 CCR §§916.4 and 916.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample mark is adequate for plan evaluation during the preharvest inspection. If sample marking is allowed, the remaining WLPZ shall be marked by an RPF, or supervised designee, prior to the start of timber operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified.
“E” To ensure retention of shade canopy filter strip properties of the WLPZ and the maintenance of a multi-storied stand for protection of values described in 14 CCR §916.4(b), residual or harvest trees shall be marked, including a base mark below the cut line, within the WLPZ by the RPF or supervised designee. Outside of watersheds with listed anadromous salmonids, tree marking shall be done prior to timber falling operations. In watersheds with listed anadromous salmonids, trees shall be marked in advance of the preharvest inspection. For all nonindustrial timber management plans, sample marking of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and shall be consistent with the applicable provisions of 14 CCR §§916.4 and 916.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample mark is adequate for plan evaluation during the preharvest inspection. If sample marking is allowed, the remaining WLPZ shall be marked by an RPF or supervised designee prior to the start of timber operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified. 
“F” Residual or harvest tree marking within the WLPZ may be stipulated in the THP by the RPF or required by the Director in site-specific cases to ensure retention of filter strip properties or to maintain soil stability of the zone. The RPF shall state in the THP if marking was used in these zones.
“G” To protect water temperature, filter strip properties, upslope stability, and fish and wildlife values, at least 50% of the overstory and 50% of the understory canopy covering the ground and adjacent waters shall be left in a well distributed multi-storied stand composed of a diversity of species similar to that found before the start of operations. The residual overstory canopy shall be composed of at least 25% of the existing overstory conifers. Species composition may be adjusted consistent with the above standard to meet on-site conditions when agreed to in the THP by the RPF and the Director.
“H” At least 50 percent of the understory vegetation present before timber operations shall be left living and well distributed within the WLPZ to maintain soil stability. This percentage may be adjusted to meet on-site conditions when agreed to by the RPF and the Director. Unless required by the Director, this shall not be construed to prohibit broadcast burning with a project type burning permit for site preparation.
“I” To protect water temperature, filter strip properties, upslope stability, and fish and wildlife values, at least 50% of the total canopy covering the ground shall be left in a well distributed multi-storied stand configuration composed of a diversity of species similar to that found before the start of operations. The residual overstory canopy shall be composed of at least 25% of the existing overstory conifers. Due to variability in Class II watercourses these percentages and species composition may be adjusted to meet on-site conditions when agreed to by the RPF and the Director in the THP.

View Graphic
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4513, 4551.5 and 21001(f), Public Resources Code; Sections 100, 13000 and 13050(f), Water Code; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment of section heading, section, and Table I filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
4. Amendment of subsections (e)“B,” “D” and “E” filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
5. Amendment of subsection (e) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
6. Editorial correction of subsection (e) (Register 97, No. 48).
7. Editorial correction of Table (Register 98, No. 21).
8. Editorial correction of table heading (Register 99, No. 26).
9. Amendment of subsection (e) filed 11-16-2006; operative 1-1-2007 pursuant to Public Resources Code section 4554.5 (Register 2006, No. 46).
10. Amendment of subsection (e) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§916.6. Alternative Watercourse and Lake Protection.
Note     •     History

(a) Alternative prescriptions for the protection of watercourses and lakes may be developed by the RPF or proposed by the Director on a site-specific basis provided the following conditions are complied with and the alternative prescriptions will achieve compliance with the standards set forth in 916.3 and 916.4(b):
(1) The following information regarding an alternative prescription shall be included in the THP:
(A) An identification of each standard prescription which would be replaced by the alternative prescription.
(B) An identification of any beneficial uses of water or other features listed in 14 CCR 916.4(b), which may be adversely affected by the replaced standard prescription and the alternative practice.
(C) An evaluation of any significant effects on such beneficial uses or features due to implementation of the alternative prescription.
(D) A clear and complete explanation and justification as to the reasons why, given site-specific technical, environmental, economic, or institutional considerations, an alternative prescription is needed. The reasons given must include at least one of the following:
1. Implementation of the specified standard prescriptions would not be feasible.
2. Implementation of the specified standard prescription(s) would not adequately prevent or reduce damage to the quality and beneficial uses of water.
3. Implementation of the proposed alternative prescription would provide equal or greater protection, including all proposed mitigations for the quality and beneficial uses of water and those features listed in 916.4(b), than would implementation of the specified standard prescriptions.
(E) A plan for evaluating the results of the proposed alternative practice by either the plan submitter or the Director. The plan must include the criteria and procedures for evaluating and inspecting each approved alternative practice.
(2) The alternative measures stated in the plan shall be written so that they provide clear, enforceable standards for the guidance of the timber operator.
(3) Prior to beginning or continuing an operation in which alternative measures have been added to an approved THP in regard to watercourse and lake protection measures, the timber operator shall acknowledge the new specifications by signing and filing with the director, a copy of the amended plan.
(b) The director shall not accept for inclusion in a THP alternative watercourse and lake protection measures which do not meet the standard of subsection (a) of this section. In the event that written comments received from two or more agencies listed in 4582.6 PRC and 14 CCR 1037.3 and which participated in review of the plan, including on-the-ground inspection, lead to the conclusion that the proposed alternative does not meet the criteria of Section 916.5, and is therefore not consistent with rules of the Board, the director shall reject the proposed alternative.
(c) Alternative practices stated in an approved THP shall have the same force and authority as those practices required by the standard rule.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513 and 4551.5, Public Resources Code; and USC Section 1288(b)(2)(F).
HISTORY

1. Repealer and new section filed 5-31-83, designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-30-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment of subsection (a), repealer of subsection (a)(1), new subsections (a)(1)(A)-(E), and amendment of subsection (b) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
§916.7. Reduction of Soil Loss.
Note     •     History

Within the watercourse and lake protection zone adjacent to Class I and Class II waters, areas where mineral soil exceeding 800 continuous square feet in size, exposed by timber operations, shall be treated for reduction of soil loss. Treatment shall be done prior to October 15th except that such bare areas created after October 15th shall be so treated within 10 days, or as agreed to by the director. Stabilization measures shall be included and explained in the THP or other required notices. Stabilization measures shall be selected that will prevent significant movement of soil into Class I and II waters and may include, but need not be limited to, mulching, rip-rapping, grass seeding, or chemical soil stabilizers.
(a) This section does not apply to the traveled surface of roads. Erosion control measures on road surfaces are specified in 14 CCR 923.
(b) Where mineral soil has been exposed by timber operations on approaches to watercourse crossings of Class I or II waters, or Class III waters if an ELZ or WLPZ is required, the disturbed area shall be stabilized to the extent necessary to prevent the discharge of soil into watercourses or lakes in amounts deleterious to the quality and beneficial uses of water.
(c) Where necessary to protect beneficial uses of water from timber operations, protection measures, such as seeding, mulching, or replanting, shall be specified to retain and improve the natural ability of the ground cover within the standard width of the WLPZ to filter sediment, minimize soil erosion, and stabilize banks of watercourses and lakes.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. References: Sections 4512, 4513, 4551.5, 4562.5 and 4562.7, Public Resources Code; 40 CFR 35.1505; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-30-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. New subsections (a) and (b) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
4. Editorial correction of subsection (b) (Register 95, No. 41).
5. New subsection (b) and subsection relettering filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
§916.8. Sensitive Watersheds.
Note     •     History

The Board, at a public hearing, shall determine whether nominated planning watersheds are “sensitive” to further timber operations.  Classifications of a water shed as “sensitive” shall be supported by substantial evidence that a condition, or conditions, exist(s) where further timber operations within the planning watershed will create a reasonable potential to cause, or contribute to ongoing, significant adverse cumulative effect(s) on the resources identified in 916.8(a)(3) [936.8(a)(3), 956.8(a)(3)], and as set forth in Technical Rule Addendum No. 2 (14 CCR 912.9) [932.9, 952.9] and that mitigation of such significant cumulative effects requires the application of protection measures not required by the Forest Practice Rules.  For all planning watersheds classified as “sensitive”, the Board shall identify the specific resources which are sensitive to further timber operations and specific mitigation measures that will provide the necessary protection of the sensitive resource(s).  A Board finding that a planning watershed is no longer sensitive shall be supported by substantial evidence that such conditions no longer exist.  Unless and until a planning watershed(s) is classified as sensitive and any necessary rulemaking completed, the existing rules shall apply.
(a) Nomination process:
The Director, local, state, or federal agencies and the public may nominate planning watersheds to the Board and shall provide evidence supporting classification of the watershed as sensitive.  The nominator shall discuss the effects that further timber operations will have on the specific resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3), 956.8(a)(3)] which are at risk within the nominated watershed and specify those effects not sufficiently addressed under the forest practice rules and discuss the significance of the effects in light of the condition of the resources in areas adjacent to the planning watershed.  Such nominations must be accompanied by the following information, descriptions, documents, or maps as appropriate:
1. Name, approximate size and location of the watershed(s) identified by county, township and range, and name(s) of USGS topographic map(s) on which the planning watershed is found.
2. The name of the higher-order stream, if any, to which the watershed is tributary.
3. Specific resources that are significantly threatened by further timber operations on non-federal timberland in the nominated watershed, including, as appropriate, but not limited to:
A. fish, aquatic organisms, aquatic habitat, or riparian habitat;
B. domestic and other water supplies, water quality, other beneficial uses of water existing at the time of nomination or factors related to the stream system and channel morphology.
C. downstream reservoirs, navigable channels, water diversion and transport facilities, estuaries, and harbors;
D. wildlife species, or the habitat of species, listed  under state or federal law as rare, threatened or endangered, candidate, or sensitive, including discussion of the habitat features threatened by timber operations;
E. wildlife species with narrow geographic range, low density, low reproductive rates, and highly dependent on localized habitat features, including discussion of the habitat features threatened by timber operations and a discussion of why protective measures are required to prevent a loss of population viability.
4. Natural or management-induced conditions present in the watershed which pose a significant threat to the resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above, including, as appropriate, but not limited to:
A. steep slopes and easily destabilized soils;
B. continuing landslide or soil erosion problems related to past or ongoing land-use activities;
C. extensive ground disturbance, particularly associated with roads, skid trails, landings, and watercourse crossings;
D. accelerated aggradation, streambank erosion, and channel scouring;
E. changes in the habitat or condition of wildlife species identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above.
F. accelerated rates of proposed road construction or timber harvesting within a watershed or near streams or springs. 
5. Approved Habitat Conservation Plans or other documents approved or under review by public agencies within the nominated watershed which provide for maintenance or improvement over time of management induced conditions within or adjacent to the planning watershed or forest district.
6. Suggested, feasible mitigation measures needed, in addition to current forest practice rules, to provide adequate protection for resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above, and to mitigate or avoid new or continuing significant cumulative effects related to timber operations, including, but not limited to, restoration or rehabilitation of degraded resources within any portion of the proposed sensitive watershed.
7. Other information about the watershed that may assist the Board to evaluate the nomination.
8. Literature citations, expert written opinion, and other relevant sources of information and, where possible, copies of information used to complete the nomination.
9. A list of names and mailing addresses of the following:
A. landowners of 40 acres or more of lands zoned for timber production in the planning watershed;
B. public water purveyors and known private purveyors within the planning watershed;
C. commonly known watershed associations within the planning watershed;
D. commonly known neighborhood or community associations within the planning watershed;
E. chairman, county board of supervisors;
F. chairman, county planning commission;
G. local manager for any public agency having custodial responsibility for timberlands within the planning watershed; and
H. district or local representatives for review team agencies.
10. A draft notice for newspaper publication containing the information in (a)(1)-(3), a statement that a public hearing will be scheduled before the Board within 60 days of Board receipt of a nomination forwarded by the committee, and a statement that further information can be obtained from the local Department Ranger Unit Headquarters.
(b) Notice Process
The Board shall mail notice of the nominated watershed, as provided in (a)10, to the addresses of parties described in 9 A-H and shall publish the provided notice one time in a newspaper with general circulation in the county containing the planning watershed.  Such notice shall be provided following a determination that information contained in the nomination meets the requirements of 14 CCR 916.8(a) [936.8(a) and 956.8(a)], above.
(c) Screening Process:
Before consideration by the Board, nominations shall be screened for compliance with the informational requirements by a nominations review committee, which may consist of the appropriate District Technical Advisory Committee or other Board Committee, as determined by the Board.  The nominations review committee shall consult with CDF, the appropriate Regional Water Quality Control Board, the Department of Fish and Game, the Division of Mines and Geology, and other(s) as deemed necessary to determine whether the nomination is supported by substantial evidence.  The nominations review committee shall then forward a recommendation for approval or denial of the nomination to the Board within 120 days of the date of receipt by the committee, or such longer time provided by the Board.  The nominations review committee shall describe its specific reason(s) for recommending approval or denial of the nomination.  In the event that the committee forwards a recommendation for approval, it shall describe the substantial evidence which supports nomination, including specific reasons why the current forest practice rules are inadequate to protect the specific resources at risk and shall provide the following information:
1. A list of which resource is threatened and by which timber operations;
2. if possible, performance standard(s) for timber operations that will avoid or mitigate new or continuing significant cumulative effects;
3. additional information that is needed for evaluating the impacts of proposed timber operations and is to be included in harvesting plans submitted in the planning watershed; 
4. Onsite mitigation measures in addition to the current forest practice rules, which can be required by the Director to mitigate the impacts of timber operations within the watershed;
5. Offsite mitigation measures that can be applied within or outside of the sensitive watershed area to offset adverse on-site impacts of timber operations.  If such mitigation measures are proposed to protect the resources discussed in subdivision (a)(3)(A) and (B), they must occur in the same drainage.  Such measures may include, but are not limited to, voluntary mitigation agreements among ownerships.
6. If needed, recommended alternatives to evaluate the implementation and effectiveness of mitigations required under this section.
7. Exemptions for ownerships, emergencies, or land-use classifications that are different than those provided in the current forest practice regulations and that may be applied in the watershed.
(d) Public hearing Process:
The Board shall consider the recommendations of the nominations review committee at a public hearing on classification of the planning watershed, which will be held within 60 days of receipt from the committee.  The watershed nomination and recommendations of the committee will be made available to the public between the date of receipt by the Board and the public hearing.  Recommendations adopted by the Board which have the effect of a regulation shall be processed in accordance with the Administrative Procedures Act (Section 11340. et seq. Gov. Code).
NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21000(b), (f), 21002 and 21002.1, Public Resources Code; and 33 USC 1288(b)(2)(F).
HISTORY

1. New section filed 1-7-94; operative 3-1-94 (Register 94, No. 1). For prior history, see Register 92, No. 40.
§916.9. Protection and Restoration of the Beneficial Functions of the Riparian Zone in Watersheds with Listed Anadromous Salmonids.
Note     •     History

In addition to all other district Forest Practice Rules, the following requirements shall apply in any watershed with listed anadromous salmonids. Requirements of 14 CCR §916.9 precede other sections of the FPRs. 
[Effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective] In addition to all other district Forest Practice Rules, the following requirements shall apply in any planning watershed with threatened or impaired values, except in watersheds with coho salmon where the standards listed under 916.9.1 and 916.9.2 shall apply:
Geographic scope -- Requirements for watersheds with listed anadromous salmonids differ depending on the geographic location of the watershed and geomorphic characteristics of the watercourse. Unique requirements for watersheds with listed anadromous salmonids are set forth for 1) watercourses in the coastal anadromy zone with confined channels, 2) watercourses with flood prone areas or channel migration zones, and 3) watercourses with confined channels located outside the coastal anadromy zone.
Watersheds which do not meet the definition of “watersheds with listed anadromous salmonids” are not subject to this section except as follows: The provisions of 14 CCR §§916.9, subsections (k)-(q), 923.3 and 923.9 also apply to planning watersheds immediately upstream of, and contiguous to, any watershed with listed anadromous salmonids for purposes of reducing significant adverse impacts from transported fine sediment. Projects in other watersheds further upstream that flow into watersheds with listed anadromous salmonids, not otherwise designated above, may be subject to these provisions based on an assessment consistent with cumulative impacts assessment requirements in 14 CCR §§898 and 912.9 and Technical Rule Addendum No. 2, Cumulative Impacts Assessment. These requirements do not apply to upstream watersheds where permanent dams attenuate the transport of fine sediment to downstream watercourses with listed anadromous salmonids.
(a) Goal -- Every timber operation shall be planned and conducted to protect, maintain, and contribute to restoration of properly functioning salmonid habitat and listed salmonid species. To achieve this goal, every timber operation shall be planned and conducted to: 
(1) Comply with the terms of a Total Maximum Daily Load (TMDL).
(2) Prevent significant sediment load increase to a watercourse system or lake. 
(3) Prevent significant instability of a watercourse channel or of a watercourse or lake bank. 
(4) Prevent significant blockage of any aquatic migratory routes for any life stage of anadromous salmonids or listed species. 
(5) Prevent significant adverse effects to streamflow.
(6) Consistent with the requirements of 14 CCR § 916.9, subsections (f), (g), (h) and (v), protect, maintain, and restore trees (especially conifers), snags, or downed large woody debris that currently, or may in the foreseeable future, provide large woody debris recruitment needed for instream habitat structure and fluvial geomorphic functions. 
(7) Consistent with the requirements of 14 CCR § 916.9, subsections (f), (g), (h) and (v), protect, maintain, and restore the quality and quantity of vegetative canopy needed to: 
(A) provide shade to the watercourse or lake to maintain daily and seasonal water temperatures within the preferred range for anadromous salmonids or listed species where they are present or could be restored; and 
(B) provide a deciduous vegetation component to the riparian zone for aquatic nutrient inputs. 
(8) Prevent significant increases in peak flows or large flood frequency. 
(b) Pre-plan adverse cumulative watershed effects -- Pre-plan adverse cumulative watershed effects on the populations and habitat of anadromous salmonids shall be considered. The plan shall specifically acknowledge or refute that such effects exist. When the proposed timber operations, in combination with any identified pre-plan watershed effects, will add to significant adverse existing cumulative watershed effects, the plan shall set forth measures to effectively reduce such effects. 
(c) Objectives for timber operations or silvicultural prescriptions in WLPZs -- Any timber operation or silvicultural prescription within any watercourse or lake protection zone shall have protection, maintenance, or restoration of the beneficial uses of water, and properly functioning salmonid habitat and listed aquatic or riparian-associated species as significant objectives. Specific objectives are described below.
(1) Core Zone: The primary objective for this zone is streamside bank protection to promote bank stability, wood recruitment by bank erosion, and canopy retention. Timber operations are generally excluded from this zone and limited to actions which meet the objectives stated above or improve salmonid habitat consistent with 14 CCR §916.9 subsections (a) and (c).
(2) Inner Zone: The primary objective for this zone is to develop a large number of trees for large wood recruitment, to provide additional shading, to develop vertical structural diversity, and to provide a variety of species (including hardwoods) for nutrient input. This is accomplished through the establishment of high basal area and canopy retention by retaining or more rapidly growing a sufficient number of large trees. Additional specific objectives include locating large trees retained for wood recruitment nearer to the Core Zone and maintaining or improving salmonid habitat on flood prone areas and CMZs when present. Timber operations within WLPZs are limited to those actions which meet the objectives stated above or to improve salmonid habitat consistent with 14 CCR §916.9 subsection (a) and (c).
(3) Outer Zone: The primary objective for this zone is to buffer the Inner and Core Zones and to provide the following functions: 1) wind resistance where windthrow is common or likely to occur, 2) additional wood recruitment, 3) microclimate control in the Inner or Core Zones for purposes other than limiting water temperature change, 4) habitat for terrestrial wildlife species that depend on riparian areas, and 5) an additional sediment filter on steeper slopes with high or moderate erosion hazard rating when tractor operations are proposed.
(4) Class II large watercourses (Class II-L): The primary objective is to maintain, protect or restore the values and functions of Class II-L type watercourses described below. Class II-L type watercourses: (i) can supply water and nutrients to a Class I watercourse during the month of July during a year of average precipitation and runoff as derived from long-term average precipitation data sets available from CAL FIRE, U.S. Geological Survey, or National Oceanic and Atmospheric Administration (NOAA), (ii) can supply coarse and fine sediment to the Class I channel, and (iii) may be able to supply wood of a size that would function as large wood for the Class I watercourse. Recruitment, delivery and retention of large wood in Class II- L type watercourses is also critical, as large wood increases sediment storage and decreases the rate of sediment transport to fish-bearing Class I watercourses. Other objectives stated in 14 CCR §916.9 subsections (c)(1) and (2) above for the Core Zone and Inner Zone are also desired objectives for Class II-L type watercourses. 
(5) A primary objective for all WLPZs is to implement practices to maintain, protect and contribute to restoration of properly functioning salmonid habitat and repair conditions detrimental to the species or species habitat. Practices to meet this objective include, but are not limited to, thinning for increased conifer growth; felling or yarding trees for wood placement in the channel; restoration of conifer deficient areas; management to promote a mix of conifers and hardwoods; abandonment and upgrading of non- functioning or high risk roads, watercourse crossings, tractor roads, and landings; and fuel hazard reduction activities that will reduce fire hazards and stand replacing wildfires which would result in significant adverse effects to salmonid species or riparian habitat. 
(d) Measures to Offset Adverse Watershed Effects --
(1) The plan shall fully describe: (A) the type and location of each measure needed to fully offset sediment loading, thermal loading, and potential significant adverse watershed effects from the proposed timber operations, and (B) the person(s) responsible for the implementation of each measure, if other than the timber operator. 
(2) In proposing, reviewing, and approving such measures, preference shall be given to the following: (A) measures that are both onsite (i.e., on or near the plan area) and in-kind (i.e., erosion control measures where sediment is the problem), and (B) sites that are located to maximize the benefits to the impacted portion of a watercourse or lake. Out-of-kind measures (i.e., improving shade where sediment is the problem) shall not be approved as meeting the requirements of this subsection. 
(e) Channel zone requirements --
(1) There shall be no timber operations within the channel zone with the following exceptions: 
(A) Actions directed to improve salmonid habitat with review and concurrence by DFG. 
(B) Actions necessary for the construction, reconstruction, removal, or abandonment of approved watercourse crossings. 
(C) Actions necessary for the protection of public health, safety and general welfare. This includes actions necessary to protect infrastructure facilities including, but not limited to, roads, bridges, powerlines, utilities, water drafting structures, homes, and other legally permitted structures.
(D) Actions to allow for full suspension cable yarding when necessary to transport logs through the channel zone. 
(E) Class III watercourses consistent with 14 CCR §916.9 subsection (h)(7).
(F) Actions reviewed by the RWQCB which seek to correct or remediate adverse impacts to the beneficial uses of water. 
(2) In all instances where trees are proposed to be felled within the channel zone, a base mark shall be placed below the cut line of the harvest trees within the zone. Such marking shall be completed by the RPF that prepared the plan, or a supervised designee, prior to the preharvest inspection. 
(f) Class I watercourses --
(1) For Class I watercourses, where fish are always or seasonally present or where fish habitat is restorable, any plan involving timber operations within the WLPZ shall contain the following information:
(A) Clear and enforceable specifications of timber operations within the Class I WLPZ, including a description of how any disturbance, or log or tree cutting and removal shall be carried out to conform with 14 CCR §§916.2, subsection (a) and 916.9, subsection (a). 
(B) A description of all existing permanent logging road watercourse crossings. 
(C) Clear and enforceable specifications describing how these crossings are to be modified, used, and treated to minimize risks, giving special attention to allowing fish to pass both upstream and downstream during all life stages.
(D) Clear and enforceable specifications for construction and operation of any new crossing(s) of a Class I watercourse to prevent direct harm, habitat degradation, water velocity increase, hindrance of fish passage, or other potential impairment of beneficial uses of water.
(E) Documentation of how proposed harvesting in the WLPZ contributes to the objectives of each zone stated in 14 CCR §916.9, subsection (c) and other goals in 14 CCR §916.9, subsection (a)(1)-(8). Documentation shall include the examinations, analysis, and other requirements listed in 14 CCR §916.4, subsection (a).
(2) Class I watercourses with confined channels in watersheds in the coastal anadromy zone: The following are the minimum requirements for WLPZ delineation and timber operations in Class I WLPZs in watersheds in the coastal anadromy zone where confined channels are present. WLPZ width ranges from 100-150 feet slope distance, depending on the silvicultural system applied above the WLPZ. Three Zones are established within the WLPZs: The Core Zone is nearest to the water, the Inner Zone is the middle zone contiguous to the Core Zone, and the Outer Zone is furthest from the water and contiguous to the Inner Zone. Graphic depictions of zones and the abbreviated descriptions of the silvicultural prescriptions and operational requirements are shown in Figure 4. Table 1 specifies the enforceable standards to be used for protection of Class I watercourses for the area included in the coastal anadromy zone:
(A) Core Zone: The minimum width of the Core Zone shall be 30 feet measured from the watercourse transition line or lake transition line. No timber operations are permitted in this zone except for those listed in 14 CCR §916.9, subsection (e)(1) (A)-(F), or those approved pursuant to 14 CCR §916.9, subsection (v). Sanitation-Salvage is prohibited except as provided in 14 CCR §916.9, subsections (s), (t), and (u). 
(B) Inner Zone: The minimum width of the Inner zone shall be 70 feet measured from the landward edge of Core Zone. Timber operations are permitted in this zone when conducted to meet the goals of this section, objectives for the Inner Zone in 14 CCR §916.9, subsection (c)(2), pursuant to 14 CCR §916.9, subsections (e)(1)(A)-(F), or pursuant to 14 CCR §916.9, subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements: 
1. When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand. 
2. Sanitation-Salvage is prohibited except as provided in 14 CCR §916.9, subsections (s), (t), and (u). 
3. Postharvest stand shall have a minimum 80% overstory canopy cover in the Coast and Southern Forest Districts of the coastal anadromy zone and a minimum 70% overstory canopy cover in the Northern Forest District of the coastal anadromy zone. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
4. Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
5. Large trees retained to meet 14 CCR §916.9, subsections (f)(2)(B)(1.) and (3.) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g., trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees. 
(C) Outer Zone: The minimum width of the Outer Zone shall be 50 feet measured from the landward edge of Inner Zone. This zone is required where evenaged regeneration methods, seed tree removal, shelterwood removal, alternative prescriptions declared under 14 CCR §913.6, subsection (b)(3) as most related to any evenaged silvicultural system, variable retention or rehabilitation of understocked areas will be utilized contiguous to the watercourse and lake protection zone. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Outer Zone in 14 CCR §916.9, subsection (c)(3), and (5), pursuant to 14 CCR §916.9, subsection (e)(1)(A)-(F), or pursuant to 14 CCR §916.9, subsection (v). Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. Postharvest stand shall have a minimum 50% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
2. Priority shall be given to retain wind firm trees. 
(D) Preferred Management Practices in the Inner and Outer Zones: When timber operations are considered pursuant to 14 CCR §§916.3, subsection (c) and 916.4, subsection (d), the following Preferred Management Practices should be considered for inclusion in the Plan by the RPF and by the Director:
1. Preflagging or marking of any skid trails before the preharvest inspection;
2. Heavy equipment should be limited to slopes less than 35% with low or moderate EHRs; 
3. Use feller bunchers or hydraulic heel boom loaders which do not drag/skid logs through the zone;
4. Minimize turning of heavy equipment which would result in increased depth of ground surface depressions; and
5. Use mechanized harvesting equipment which delimb harvested trees on pathway over which heavy equipment would travel. 
(E) Additional Special Operating Zone: For situations contiguous to the Outer Zone where evenaged regeneration methods, seed tree removal step, shelterwood removal step, alternative prescriptions declared under 14 CCR §913.6, subsection (b)(3) as most related to any evenaged silvicultural system, variable retention or rehabilitation of understocked areas with the same effect as a clearcut is used, slopes are greater than 50%, and the Outer Zone is located on any north aspect, the RPF shall consider the need for a special operating zone for purposes of shading the watercourse from direct low angle solar radiation from beneath the overstory canopy that is expected to have a potential significant adverse impact on water temperature. When the special operating zone is needed, the special operating zone shall retain understory and mid-canopy conifers and hardwoods. These trees shall be protected during falling, yarding and site preparation to the extent feasible. Width of the zone shall be 50 feet measured from the landward edge of the Outer Zone. 

Table 1: Procedure for Determining WLPZ Widths and Protective Measures 
Class I WLPZs -- Confined Channels -- Coastal Anadromy Zone

View Graphic

Figure 4: Graphic of profile view of Class I WLPZ with confined channels in watersheds in the coastal anadromy zone (not to scale)

View Graphic

Outer Zone:
50 ft. Outer Zone required only when even aged silv. system contiguous to WLPZ
Modified commercial thinning or single tree selection
50% overstory canopy (OSC)

	Inner Zone:
	Modified commercial thinning or single tree selection
	Increase QMD
	No Sanitation Salvage
	Retain 80% OSC in the Coast and Southern Forest Districts of the coastal anadromy
	zone and 70% OSC in the Northern Forest District of the coastal anadromy zone
	Retain 13 largest trees/ac.
(3) Class I watercourses with flood prone areas or channel migration zones: The following are the minimum requirements for WLPZ delineation and timber operations in Class I WLPZs in locations where flood prone areas and/or CMZs are present. WLPZ widths vary depending on the extent of the flood prone area and silvicultural system applied contiguous to the WLPZ. 
There are up to 5 zones established within the WLPZ: The CMZ (when present), the Core Zone is the portion of the flood prone area nearest the water (and contiguous to the CMZ when present), the Inner Zone A is contiguous to the Core Zone , the Inner Zone B is contiguous to Inner Zone A and extends to the landward edge of the flood prone area, and the Outer Zone is hillslope area and is contiguous to the Inner Zone B and landward perimeter of the flood prone area. Table 2 specifies the enforceable standards to be used for protection of Class I watercourses with flood prone area or channel migration zones. The zones and the abbreviated descriptions of the silvicultural prescriptions, and operational requirements are shown in Figure 5.
(A) Channel Migration Zone: When a CMZ is present, no timber operations are permitted in this zone except for those listed in §916.9, subsection (e)(1)(A)-(F), or pursuant to 14 CCR §916.9, subsection (v). 
(B) Core Zone: The minimum width of the Core Zone shall be 30 feet measured from the watercourse transition line or lake transition line. No timber operations are permitted in this zone except for those listed in 14 CCR §916.9, subsection (e)(1) (A)-(F), or those approved pursuant to 14 CCR §916.9, subsection (v). Sanitation-Salvage is prohibited except as provided in 14 CCR §916.9, subsections (s), (t), and (u).
(C) Inner Zone A: The Inner Zone A generally encompasses the portion of the flood prone area from 30 feet beyond the WTL (Core Zone perimeter) up to 150 feet from the WTL. The minimum width of the Inner Zone A shall be the greater of the distance from the landward edge of the Core Zone to the landward edge of the Inner Zone A or 70 feet. The maximum width is 120 feet. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR §916.9, subsection (c)(2), pursuant to 14 CCR §916.9, subsections (e)(1) (A)-(F) or pursuant to 14 CCR §916.9, subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand.
2. Sanitation-Salvage is prohibited except as provided in 14 CCR §916.9, subsections (s), (t), and (u). 
3. Postharvest stand shall have a minimum 80% overstory canopy cover in the Coast and Southern Forest Districts of the coastal anadromy zone and a minimum 70% overstory canopy cover in all other watersheds with listed anadromous salmonids. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
4. Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
5. Large trees retained to meet 14 CCR §916.9, subsections (f)(3)(C)(1.) and (3.) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g. trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees. 
(D) Inner Zone B: The Inner Zone B is applicable when there are very wide flood prone areas. The Inner Zone B encompasses the portion of the flood prone area from the landward edge of the Inner Zone A (i.e.150 feet from the WTL) to the landward edge of the flood prone area. The landward edge of the Inner Zone B (i.e. the landward perimeter of the flood prone area) shall be established in accordance with flood prone area definitions in 14 CCR §895.1. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR §916.9, subsection (c)(2), 14 CCR §916.9, subsection (e)(A)-(F), or pursuant to 14 CCR §916.9, subsection (v). Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
2. Postharvest stand shall have a minimum 50% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
(E) Preferred Management Practices in the Inner Zone A and B of flood prone areas. When timber operations are considered pursuant to 14 CCR §916.3, subsection (c) and 916.4, subsection (d), the following Preferred Management Practices should be considered for inclusion in the Plan by the RPF and by the Director when timber operations are conducted in the Inner Zones of the flood prone area. 
1. Implement actions to improved salmonid habitat conditions: Implement maintenance and repair actions that contribute to improving undesired existing conditions and contribute to restoring properly functioning salmonid habitat. 
2. Minimize Yarding and Skidding: Skid trails, yarding corridors, falling activities, and log yarding, should not alter the natural drainage or flow patterns. EEZ of 30 feet should be applied near side channels and areas of ponding. Very limited, pre-flagged, pre-approved prior to falling skid trails shall be used and abandoned so as to minimize risk of becoming new secondary channels by flood flows. Minimize or exclude, to the extent feasible, tractor skidding/crossings over, through, or along secondary channels (protection of overflow channels is a key element). Locate tractor roads on high ground areas to the greatest extent possible. When feasible, use feller bunchers which do not drag/skid logs through the zone, minimize turning of equipment which would result in increased depth of ground surface depressions, and utilize mechanized harvesting equipment which delimbs harvested trees on the pathway over which equipment would travel. Cable yarding corridors should be located at wide intervals consistent with practices that use lateral yarding. Full suspension should be used when possible.
3. Minimize Soil Erosion and Prevent Discharge: Design timber operations to avoid turbid runoff by treating any ground disturbance greater than 100 square feet. Operations shall be conducted only in dry soil conditions. Avoid disturbance of vegetation not intended for harvest that could increase the likelihood of erosion or damages the reinforcing root network on the channel banks, including any secondary overflow channel. Restore any tracks or trails to an original surface.
4. Avoid Road and Landing Use: All new roads and landings shall be located outside of zone. When feasible, minimize use of existing roads and landings in the flood prone area. No servicing of equipment within the flood prone area. Exceptions include the use of road and landings to accomplish actions to improved salmonid habitat conditions stated 14 CCR 916.9, subsection (f)(3)(E)(1.) above.
5. Avoid Slash concentration and Site Preparation: Logging slash shall not be disposed of or concentrated in side channels. When slash is treated within the flood prone areas, scatter slash and avoid piling or other concentrations that may obstruct flows in side channels. When feasible, concentrate/mulch slash in tractor roads. No mechanical site preparation, broadcast burning or pile burning.
6. Delineate Zone on the Ground: Locations of all WLPZ zones and CMZs shall be designated on the ground.
7. Avoid Use of Water Drafting Sites: Water drafting sites shall be located outside flood prone areas when feasible (exceptions could include, but are not limited to, drafting from an existing watercourse crossing that is appropriately engineered to facilitate properly functioning salmonid habitat and those sites designed and permitted pursuant to a waste discharge or steam alteration permits.
8. Avoid Disturbance to Critical Flood Prone Area Habitat: Avoid disturbance of abandoned meanders, oxbox lakes, or other features that provide off-channel habitat for fish during flood flows. Avoid activities that could increase potential for diversion or avulsion of stream flow out of existing channel, including breaching or lowering the elevation of natural levees. Retain adequate hydraulic roughness provided by trees on the floodplain surface, thereby slowing flood water velocity on floodplains, attenuating peak flood flows, and allowing sediment to be deposited. Retain existing deciduous hardwoods preferential to anadromous salmonid species and down large woody debris.
(F) Outer Zone: The width of the Outer Zone is 50 feet measured from the landward edge of Inner Zone. This zone is required where evenaged regeneration methods, seed tree removal, shelterwood removal, alternative prescriptions declared under 14 CCR § 913.6, subsection (b)(3) as most related to any evenaged silvicultural system, variable retention or rehabilitation of understocked areas will be utilized contiguous to the watercourse and lake protection zone. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Outer Zone in 14 CCR §916.9, subsection (c)(3) and (5), pursuant to 14 CCR §916.9 subsection (e)(1) (A)-(F), or pursuant to 14 CCR §916.9, subsection (v). Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. Postharvest stand shall have a minimum 50% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy.
2. Priority shall be given to retain wind firm trees. 

Table 2: Procedure for Determining WLPZ Widths and Protective Measures 
Class I WLPZs -- with flood prone areas or channel migration zones

View Graphic

Figure 5: Graphic of Profile View of Class I WLPZ in flood prone areas and channel migration zones (not to scale) 

View Graphic

	Outer Zone:
	50 ft. Outer Zone required only when even aged silv. system contiguous to WLPZ
	Modified commercial thinning or single tree selection
	50% overstory canopy (OSC)
	
		Inner Zone B:
		Modified commercial thinning or single tree selection
		50% overstory canopy (OSC)
		Retain 13 largest trees/ac.
	
			Inner Zone A:
			Modified commercial thinning or single tree selection
			Increase QMD
			No Sanitation Salvage
			Retain 80% OSC in the Coast and Southern Forest Districts of the coastal anadromy
			zone and 70% OSC in all other watersheds
			Retain 13 largest trees/ac.
(4) Class I watercourses with confined channels outside watersheds in the coastal anadromy zone: The following are the minimum requirements for WLPZ delineation and timber operations in Class I WLPZs in locations outside of watersheds in the coastal anadromy zone where confined channels are present. WLPZ width is 100 feet slope distance, with an additional 25 foot ELZ depending on the silvicultural system applied contiguous to the WLPZ. Three zones are established within the WLPZs: The Core Zone is nearest to the water, the Inner Zone is the middle zone contiguous to the Core Zone, and the Outer Zone is furthest from the water and contiguous to the Inner Zone. Graphic depiction of zones and the abbreviated descriptions of the silvicultural prescriptions and operational requirements are shown in Figure 6. Table 3 specifies the enforceable standards to be used for protection of Class I watercourses for the area outside the coastal anadromy zone:
(A) Core Zone: The minimum width of the Core Zone shall be 30 feet measured from the watercourse transition line or lake transition line. No timber operations are permitted in this zone except for those listed in 14 CCR §916.9, subsection (e)(1)(A)-(F), or those approved pursuant to 14 CCR §916.9, subsection (v). Sanitation-Salvage is prohibited except as provided in 14 CCR §916.9, subsections (s), (t), and (u).
(B) Inner Zone: The minimum width of the Inner Zone shall be 40 feet measured from the landward edge of Core Zone. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR §916.9, subsection (c)(2), pursuant to 14 CCR §916.9, subsections (e)(1) (A)-(F) or pursuant to 14 CCR §916.9, subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand.
2. Sanitation-Salvage is prohibited except as provided in 14 CCR §916.9, subsections (s), (t), and (u). 
3. Postharvest stand shall have a minimum 70% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
4. Postharvest stand shall retain the 7 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
5. Large trees retained to meet 14 CCR §916.9, subsections (f)(4)(B)(1.) and (3.) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g., trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees. 
(C) Outer Zone: The minimum width of the Outer Zone shall be 30 feet measured from the landward edge of Inner Zone. When evenaged regeneration methods, seed tree removal, shelterwood removal, alternative prescriptions declared under 14 CCR §913.6, subsection (b)(3) as most related to any evenaged silvicultural system, variable retention, or rehabilitation will be utilized contiguous to watercourse and lake protection zones, an additional 25 foot ELZ is required contiguous to the Outer Zone.
Timber operations are permitted in the Outer Zone when conducted to meet the goals of this section, including those for the Outer Zone in 14 CCR §916.9, subsection (c)(3) and (5) pursuant to 14 CCR §916.9, subsection (e)(1) (A)-(F), or pursuant to 14 CCR §916.9, subsection (v). Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. Postharvest stand shall have a minimum 50% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy.
2. Priority shall be given to retain wind firm trees.
(D) Preferred Management Practices in the Inner and Outer Zone: When timber operations are considered pursuant to 14 CCR §§916.3, subsection (c) and 916.4, subsection (d), the following Preferred Management Practices should be considered for inclusion in the Plan by the RPF and by the Director:
1. Preflagging or marking of any skid trails before the preharvest inspection;
2. Heavy equipment should be limited to slopes less than 35% with low or moderate EHRs; 
3. Use feller bunchers or hydraulic heel boom loaders which do not drag/skid logs through the zone;
4. Minimize turning of heavy equipment which would result in increased depth of ground surface depressions; and
5. Use mechanized harvesting equipment which delimb harvested trees on pathway over which heavy equipment would travel. 

Table 3: Procedure for Determining WLPZ Widths and Protective Measures 
Class I WLPZs -- Confined Channels -- Outside the Coastal Anadromy Zone

View Graphic

Figure 6: Graphic of profile view of Class I WLPZ with confined channels outside watersheds in the 
coastal anadromy zone (not to scale) 

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	Outer Zone:
	Modified commercial thinning or single tree selection
	50% overstory canopy (OSC)
	
		Inner Zone:
		Modified commercial thinning or single tree selection
		Increase QMD
		No Sanitation Salvage
		70% OSC
		Retain 7 largest trees/ac.
	
(g) Class II watercourses --
The following are the minimum requirements for Class II WLPZ delineation and timber operations. Differing rules are specified for watersheds in the coastal anadromy zone, the Southern Subdistrict of the Coast Forest District, and areas outside the coastal andromy zone. WLPZ width ranges from 50 to 100 feet slope distance, depending on side slope steepness in the WLPZ and the watercourse type. 
(1) Determine the Class II Watercourse Type: Class II watercourses are composed of two types -- Class II-S (standard) watercourses and Class II-L (large) watercourses. A Class II-L watercourse is defined as a Class II watercourse that: (i) can supply water and nutrients to a Class I watercourse during the month of July during an average hydrologic year; (ii) can supply coarse and fine sediment to the Class I channel; and (iii) may be able to supply wood of a size that would function as large wood for the Class I watercourse. Identification of Class II-L watercourse types shall be based on one or more of the office methods specified under 14 CCR §916.9 subsection (g)(1)(A) and the field methods specified under 14 CCR §916.9, subsection (g)(1)(B). Class II-S watercourses are those classified as Class II watercourses pursuant to 14 CCR §916.5, but do not meet the definition of a Class II-L watercourse.
(A) Office-based approaches to identify potential Class II-L watercourses:
1. Stream order: After classifying the watercourses in an area pursuant to 14 CCR §916.5, map all Class II watercourses in the area of consideration on current 1:24,000 scale U.S. Geological Survey topographic maps and determine stream order following the stream order method in 14 CCR 895.1. Second order and third order Class II watercourses are potentially Class II-L watercourses. 
2. “Blue Line” streams: Watercourses mapped with a blue or black line on current 1:24,000 scale U.S. Geological Survey topographic maps that are not Class I are inferred to be Class II-L watercourses.
3. Drainage area: A calculated drainage area known to produce mid-late summer flow based on past plan experience or local knowledge for an ownership or local region and extrapolated over the ownership or local area can indicate a Class II-L watercourses. 
(B) Field-based approaches to identify potential Class II-L: Determination of Class II-L watercourses shall be verified in the field by direct channel observations and local experience using one or more of the following approaches. 
1. Determine by direct observation or by local knowledge of common mid-summer flow conditions if office mapped Class II-L watercourses contribute flow to a Class I watercourse at least through approximately July 15th following a year with at least average precipitation. 
2. Observe channel characteristics such as channel width at bankfull stage, channel depth at bankfull stage, channel slope, mean entrenchment ratio, the presence of springs or seeps, and the presence of aquatic animal and plant life that require mid-summer flow. 
3. Use continuous streamflow monitoring data from headwater watercourses to determine the watershed drainage area necessary to initiate mid-summer streamflow for a given ecoregion and extrapolate this data to other headwater basins in that ecoregion. 
(C) Based on (A) and (B) above, make a determination if the portion of the Class II watercourse being evaluated meets the definition of a Class II-L watercourse in 14 CCR §916.9, subsection (c)(4).
(D) Include documentation in the plan explaining how the Class II-L determination(s) were made within the plan area. 
(E) All Class II-L watercourses designated above shall incorporate requirements stated in 14 CCR §916.9(g)(2) for a distance of 1000 feet, or total length of Class II-L, which ever is less, measured from the confluence with a Class I watercourse. 
(2) Class II WLPZ widths and operational requirements: All Class II WLPZs shall be composed of two zones regardless of the watercourse type: a Core Zone and an Inner Zone. The Core Zone is nearest to the water, the Inner Zone is contiguous to the Core Zone and is furthest from the water. The width of the Core and Inner Zones vary depending on the following three factors: (i) side slope steepness in the WLPZ, (ii) whether the watercourse is a Class II-S or Class II-L watercourse type, and (iii) whether the watercourse is within a watershed in the coastal anadromy zone or outside the coastal anadromy zone. Graphic depictions of zones and the abbreviated descriptions of the silvicultural prescriptions and operational requirements are shown in Figure 7.
(A) Core Zone: The width of Core zone varies from 0 feet to 30 feet measured from the watercourse or lake transition line. When established, no timber operations are permitted in this zone except for those listed in 14 CCR §916.9, subsection (e)(1)(A)-(F), or practices approved pursuant to 14 CCR §916.9, subsection (v). Sanitation-Salvage is prohibited except as provided in §916.9, subsections (s), (t), and (u). Table 4. summarizes the minimum width for the Core Zone.

Table 4. Core and Inner Zone widths.

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(B) Inner Zone: The widths of the Inner Zone vary from 35 feet to 90 feet and shall be measured from the landward edge of Core Zone or WTL, which ever is greater. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR §916.9, subsections (c)(2)and (4), pursuant to 14 CCR §916.9, subsections (e)(1)(A)-(F) or pursuant to 14 CCR §916.9 subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Inner Zone widths are summarized in Table 4.

	1. Class II-S watercourses: Any Class II-S watercourses shall receive protection in conformance with 14 CCR §§916 through 916.7 in addition to the requirements listed under 14 CCR §§916.9(g)(2)(A) and (B). 

	2. Class II-L watercourses in the coastal anadromy zone: Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements: 

	(i) When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand. 
(ii) Sanitation-Salvage is prohibited except as provided in 14 CCR §916.9, subsections (s), (t) and (u).
(iii) Postharvest stand shall have a minimum 80% overstory canopy cover in the Coast and Southern Forest Districts of the coastal anadromy zone and a minimum 70% overstory canopy cover in the Northern Forest District of the coastal anadromy zone. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
(iv) Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
(v) Large trees retained to meet 14 CCR §916.9, subsections (g)(2)(B)2.(i) and (iii) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g. trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees.
3. Class II-L watercourses outside watersheds in the coastal anadromy zone: Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
(i) When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand.
(ii) Sanitation-Salvage is prohibited except as provided in 14 CCR §916.9, subsections (s), (t), and (u). 
(iii) Postharvest stand shall have a minimum 70% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
(iv) Postharvest stand shall retain the 7 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
(v) Large trees retained to meet 14 CCR §916.9, subsections (g)(2)(B)3.(i) and (iii) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g. trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees.
(3) Class II watercourses in the Southern Subdistrict of the Coast Forest District
In addition to all other Forest Practice Rules applicable to timber harvesting within the Southern Subdistrict of the Coast Forest District, the following rules apply within a Class II WLPZ. These requirements supersede any other requirements for Class II watercourses contained in 14 CCR §916.9(g). 
(A). Retain all trees within the Class II WLPZ that meet the following criteria:
1. all trees located within the channel zone;
2. all trees that have boles that overlap the edge of the channel zone; and
3. all trees with live roots permeating the bank or providing channel grade control, with the following exception:
(i) 1/3 of the stems of redwoods with live roots permeating the bank or providing channel grade control may be harvested. 
(B) Where sufficient spacing exists prior to harvesting, retained redwood trees greater than or equal to 12 inches dbh shall not be spaced more than 25 feet apart. 
(C) A minimum of 80% overstory canopy shall be maintained within the channel zone. If 80% overstory canopy is not present within the channel zone, the existing overstory canopy within the channel shall not be reduced. 
(D) No more than 1/3 of the conifers 18” dbh or larger may be harvested.

Figure 7: Graphic of profile view of WLPZs for Class II Watercourses (excluding the Southern Subdistrict) (not to scale) 

View Graphic

View Graphic
(h) Class III watercourses --
The following are the minimum requirements for timber operations in Class III watercourses, unless explained and justified in the plan and approved by the Director. 
(1) Establish a 30 foot wide ELZ on both sides of the watercourse for slopes less than 30% and an additional 20 foot ELZ where sideslopes are >30%. The ELZ is measured from the WTL. Within the ELZ:
(A) no new construction of tractor roads permitted;
(B) no ground based equipment on slopes >50%; and
(C) ground-based operations are limited to existing stable tractor roads that show no visible evidence of sediment deposition being transported into the adjacent watercourse or to the use of feller-bunchers or shovel yarding.
(2) Retain all pre-existing large wood on the ground within the ELZ that is stabilizing sediment and is necessary to prevent potential discharge into the watercourse. 
(3) Retain all pre-existing down wood and debris in the channel zone.
(4) Retain hardwoods, where feasible, within the ELZ.
(5) Retain all snags (except as required for safety) within the ELZ. 
(6) Retain all countable trees needed to achieve resource conservation standards in 14 CCR §912.7 within the ELZ.
(7) Retain all trees in the ELZ and channel zone which show visible indicators of providing bank or bed stability, excluding sprouting conifers that do not have boles overlapping the channel zone. Visible indicators of stability include roots that permeate the bank or provide channel grade control. 
(8) Exceptions pursuant to 14 CCR §916.9, subsections (e)(1)(A)-(F) are permitted in any ELZ and channel zone.
(i) Section reserved for future use.
(j) Inner Gorge -- Where an inner gorge extends beyond a Class I WLPZ and slopes are greater than 55%, a special management zone shall be established where the use of evenaged regeneration methods is prohibited. This zone shall extend upslope to the first major break-in-slope to less than 55% for a distance of 100 feet or more, or 300 feet as measured from the watercourse or lake transition line, which ever is less. All operations on slopes exceeding 65% within an inner gorge of a Class I or II watercourse shall be reviewed by a Professional Geologist prior to plan approval, regardless of whether they are proposed within a WLPZ or outside of a WLPZ. 
(k) Year-round logging road, landing and tractor road use limitations--
(1) Logging roads, landings or tractor roads shall not be used when visibly turbid water from the road, landing or tractor road (skid trail) or an inside ditch associated with the logging road, landing or tractor road may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or violate Water Quality Requirements.
(2) Log hauling on logging roads and landings shall be limited to those which are hydrologically disconnected from watercourses to the extent feasible, and exhibit a stable operating surface in conformance with (1) above.
(3) Concurrent with use for log hauling, approaches to logging road watercourse crossings shall be treated for erosion control as needed to minimize soil erosion and sediment transport and to prevent the discharge of sediment into watercourses and lakes in quantities deleterious to the beneficial uses of water. 
(4) Concurrent with use for log hauling, all traveled surfaces of logging roads in a WLPZ or within any ELZ or EEZ designated for watercourse or lake protection shall be treated for erosion control as needed to minimize soil erosion and sediment transport and to prevent the discharge of sediment into watercourses and lakes in quantities deleterious to the beneficial uses of water. 
(5) Grading to obtain a drier running surface more than one time before reincorporation of any resulting berms back into the road surface is prohibited.
(l) Extended Wet Weather Period -- October 15 to May 1 shall be considered the extended wet weather period and the following shall apply:
(1) No timber operations shall take place unless the approved plan incorporates a complete winter period operating plan pursuant to 14 CCR §914.7 subsection (a) that specifically addresses, where applicable, proposed logging road, landing or tractor road construction, reconstruction and use during the extended wet weather period. Where logging road watercourse crossing construction or reconstruction is proposed an implementation schedule shall be specified.
(2) Unless the winter period operating plan proposes operations during an extended wet weather period with low antecedent soil wetness, no tractor roads shall be constructed, reconstructed, or used on slopes that are over 40 percent and within 200 feet of a Class I, II, or III watercourse, as measured from the watercourse or lake transition line during the extended wet weather period. 
(3) Logging roads, landings and tractor roads shall not be used when sediment from the logging road, landing or tractor road surface may be transported to a watercourse or a drainage facility in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements.
(4) Logging roads and landings shall not be used for log hauling when saturated soil conditions may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements specified in (3) above.
(m) Tractor Road Drainage Facility Installation -- All tractor roads shall have drainage and/or drainage collection and storage facilities installed as soon as practical following yarding and prior to either (1) the start of any rain which causes overland flow across or along the disturbed surface within a WLPZ or within any ELZ or EEZ designated for watercourse or lake protection, or (2) any day with a National Weather Service forecast of a chance of rain of 30 percent or more, a flash flood warning, or a flash flood watch. 
(n) Treatments to stabilize soils -- Within the WLPZ, and within any ELZ or EEZ designated for watercourse or lake protection, treatments to stabilize soils, minimize soil erosion, and prevent the discharge of sediment into watercourses or lakes in amounts deleterious to aquatic species or the quality and beneficial uses of water, or that threaten to violate applicable water quality requirements, shall be described in the plan as follows. 
(1) Soil stabilization is required for the following areas:
(A) Areas exceeding 100 contiguous square feet where timber operations have exposed bare soil. 
(B) Approaches to tractor road watercourse crossings between the drainage facilities closest to the crossing. 
(C) Disturbed road cut banks and fills, and 
(D) Any other area of disturbed soil that threatens to discharge sediment into waters in amounts deleterious to the quality and beneficial uses of water. 
(2) Soil stabilization treatment measures may include, but need not be limited to, mulching, rip-rapping, grass seeding, installing commercial erosion control devices to manufacturer's specifications, or chemical soil stabilizers.
(3) Where straw or slash mulch is used, the minimum straw coverage shall be 90 percent, and any treated area that has been reused or has less than 90 percent surface cover shall be treated again by the end of timber operations.
(4) Where slash mulch is packed into the ground surface through the use of a tractor or equivalent piece of heavy equipment the minimum slash coverage shall be 75 percent.
(5) For areas disturbed from May 1 to October 15, treatment shall be completed prior to the start of any rain that causes overland flow across or along the disturbed surface that could deliver sediment into a watercourse or lake in quantities deleterious to the beneficial uses of water.
(6) For areas disturbed from October 15 to May 1, treatment shall be completed prior to any day for which a chance of rain of 30 percent or greater is forecast by the National Weather Service or within 10 days, whichever is earlier.
(7) Where the natural ability of ground cover is inadequate to protect beneficial uses of water by minimizing soil erosion or by filtering sediment, the plan shall specify protection measures to retain and improve the natural ability of the ground cover to filter sediment and minimize soil erosion. 
(o) Erosion Site identification and remedies -- As part of the plan, the RPF shall: 
(1) identify sites in the logging area where erosion and sediment production are ongoing during any period of the year and assess them to determine which sites pose significant risks to the beneficial uses of water.
(2) Assess those sites identified in 14 CCR §916.9, subsection (o)(1) to determine whether feasible remedies exist. 
(3) For sites that pose significant risks to the beneficial uses of water and where feasible remedies exist, the plan shall propose appropriate treatment.
(p) Erosion control maintenance period -- The erosion control maintenance period on permanent and seasonal roads and associated landings that are not abandoned in accordance with 14 CCR §923.8 shall be three years. 
(q) Site preparation -- Site preparation activities shall be designed to prevent soil disturbance within, and minimize soil movement into, the channels of watercourses. Prior to any broadcast burning, burning prescriptions shall be designed to prevent loss of large woody debris in watercourses, and vegetation and duff within a WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection. No ignition is to occur within any WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection. When burning prescriptions are proposed, the measures or burning restrictions which are intended to accomplish this goal shall be stated in the plan and included in any required burning permit. This information shall be provided in addition to the information required under 14 CCR §915.4. 
(r) Water drafting -- Water drafting for timber operations shall: 
(1) Comply with Fish and Game Code Section 1600, et seq.
(A) Timber operations conducted under a Fish and Game Code Section 1600 master or long-term agreement that includes water drafting may provide proof of such coverage for compliance with this paragraph.
(2) Describe the water drafting site conditions and proposed water drafting activity in the plan, including:
(A) a general description of the conditions and proposed water drafting;
(B) a map showing proposed water drafting locations;
(C) the watercourse classification;
(D) the drafting parameters including the months the site is proposed for use; estimated total volume needed per day; estimated maximum instantaneous drafting rate and filling time; and disclosure of other water drafting activities in the same watershed;
(E) the estimated drainage area (acres) above the point of diversion;
(F) the estimated unimpeded streamflow, pumping rate, and drafting duration,
(G) a discussion of the effects on aquatic habitat downstream from the drafting site(s) of single pumping operations, or multiple pumping operations at the same location, and at other locations in the same watershed;
(H) a discussion of proposed alternatives and measures to prevent adverse effects to fish and wildlife resources, such as reducing hose diameter; using gravity-fed tanks instead of truck pumping; reducing the instantaneous or daily intake at one location; describing allowances for recharge time; using other dust palliatives; and drafting water at alternative sites; and 
(I) The methods that will be used to measure source streamflow prior to the water drafting operation and the conditions that will trigger streamflow to be measured during the operation.
(3) All water drafting for timber operations are subject to each requirement below unless the Department of Fish and Game modifies the requirement in the Lake or Streambed Alteration agreement that authorized the drafting operation, or unless otherwise specified below:
(A) All intakes shall be screened to prevent impingement of juvenile fish against the screen. The following requirements apply to screens and water drafting on Class I waters:
1. Openings in perforated plate or woven wire mesh screens shall not exceed 3/32 inches (2.38 millimeters). Slot openings in wedge wire screens shall not exceed 1/16 inches (1.75 millimeters).
2. The screen surface shall have at least 2.5 square feet of openings submerged in water.
3. The drafting operator shall regularly inspect, clean, and maintain  screens to ensure proper operation whenever water is drafted.
4. The approach velocity (water moving through the screen) shall not  exceed 0.33 feet/second.
5. The diversion rate shall not exceed 350 gallons per minute.
(B) Approaches and associated drainage features to drafting locations within a WLPZ or channel zone shall be surfaced with rock or other suitable material to minimize generation of sediment.
(C) Barriers to sediment transport, such as straw waddles, logs, straw bales or sediment fences, shall be installed outside the normal high water mark to prevent sediment delivery to the watercourse and limit truck encroachment. 
(D) Water drafting trucks parked on streambeds and floodplains shall use drip pans or other devices such as absorbent blankets, sheet barriers or other materials as needed to prevent soil and water contamination from motor oil or hydraulic fluid leaks.

	(E) Bypass flows for Class I watercourses shall be provided in volume sufficient to avoid dewatering the watercourse and maintain aquatic life downstream, and shall conform to the following standard:
1. Bypass flows in the source stream during drafting shall be at least 2 cubic feet per second. 
2. Diversion rate shall not exceed 10 percent of the surface flow.
3. Pool volume reduction shall not exceed 10 percent.
(F) The drafting operator shall keep a log that records for each time water is drafted, the date, total pumping time, pump rate, starting time, ending time, and volume diverted. Logs shall be filed with the Department of Forestry and Fire Protection at the end of seasonal operations and maintained with the plan record. This requirement may be modified in the approved plan that covers the water drafting, but only with concurrence from the Department of Fish and Game.
(G) Before commencing any water drafting operation, the RPF and the drafting operator shall conduct a pre-operations field review to discuss the water drafting measures in the plan and/or Lake or Streambed Alteration Agreement.
(s) Exemption notices -- No timber operations are allowed in a WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection, under exemption notices except for: 
(1) Hauling on existing roads.
(2) Road maintenance.
(3) Operations conducted for public safety.
(4) Construction or reconstruction of approved watercourse crossings.
(5) Temporary crossings of dry Class III watercourses that do not require notification under the Fish and Game Code §1600 et seq. 
(6) Harvesting recommended in writing by DFG to address specifically identified forest conditions.
(t) Emergency notices -- No timber operations are allowed in a WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection, under emergency notices except for: 
(1) Hauling on existing roads.
(2) Road maintenance.
(3) Operations conducted for public safety.
(4) Construction or reconstruction of approved watercourse crossings.
(5) Temporary crossings of dry Class III watercourses that do not require notification under the Fish and Game Code §1600 et seq.
(6) Harvesting recommended in writing by DFG to address specifically identified forest conditions.
(7) The harvest of dead or dying conifer trees subject to the following conditions:
(A) Retention of all trees in the core zone of Class I and Class II-L watercourses. 
(B) Within any WLPZ, ELZ, or EEZ designated for Class II or III watercourse protection, a minimum of two dead, dying, or diseased conifer trees per acre at least 16 inches diameter breast high and 50 feet tall shall be retained within 50 feet of the watercourse transition line.
(C) Trees to be harvested or retained shall be marked by, or under the supervision of, an RPF prior to timber operations within the WLPZ or ELZ/EEZ.
(D) Within the WLPZ, or ELZ/EEZ, if the stocking standards of 14 CCR §912.7 are not met upon completion of timber operations, unless the area meets the definition of substantially damaged timberlands, at least ten trees shall be planted for each tree harvested but need not exceed an average point count of 300 trees per acre.
(8) The harvest of trees or vegetation designated for removal pursuant to 14 CCR §1052.5 to address Sudden Oak Death that are:
(A) symptomatic of the pathogen that causes Sudden Oak Death and confirmed infected by a certified lab; or
(B) host hardwood trees that could spread the pathogen.
(u) Salvage logging -- No salvage logging is allowed in a WLPZ without an approved HCP, a PTEIR, an SYP, or an approved plan that contains a section that sets forth objectives, goals, and measurable results for streamside salvage operations. 
(1) This section does not apply to emergency operations under 14 CCR §1052.
(v) Site-specific measures or nonstandard operational provisions --
(1) In consideration of the spatial variability of the forest landscape, the RPF may propose site-specific measures or nonstandard operational provisions in place of any of the provisions contained in this section. Site specific plans may be submitted when, in the judgment of the RPF, such measures or provisions offer a more effective or more feasible way of achieving the goals and objectives set forth in 14 CCR §916.9, subsections (a) and (c), and would result in effects to the beneficial functions of the riparian zone equal to or more favorable than those expected to result from the application of the operational provisions required under 14 CCR §916.9. 
(2) Measures or provisions proposed pursuant to 14 CCR §916.9, subsections (v) shall only be approved when the plan incorporates an evaluation of the beneficial functions of the riparian zone as set forth in subsection (3) below. In the event of measures limited in applicability to specific sites, the submitter may instead of an evaluation, obtain written concurrence from DFG prior to plan submittal. RPFs may request a preconsultation for the site specific plan and the Director may agree and request staff from responsible agencies.
(3) The evaluation of the beneficial functions of the riparian zone shall be included in addition to any evaluation required by all other District Forest Practice Rules, may incorporate by reference any such evaluation, and shall include the following components scaled appropriately to the scope of the proposed measure(s) or provision(s) and the beneficial functions potentially affected.
(A) The following are required components of an evaluation conducted pursuant to 14 CCR §916.9, subsection (v)(3): 
1. A description of the evaluation area. If the evaluation area is different than the watershed assessment area described pursuant to Technical Rule Addendum No. 2, the RPF shall briefly explain the rationale for establishing the evaluation area.
2. A description of the current condition of the riparian zone within the evaluation area related to the beneficial functions. The RPF may incorporate by reference any conditions described in the plan pursuant to 14 CCR §916.4, subsection (a). The RPF shall use the best available information, at the appropriate scale, to describe the existing vegetation, timber stand characteristics, roads, skid trails, landings, channel types, unstable areas, flood prone areas, and overflow channels.
3. An identification of the beneficial functions that may potentially be affected by the proposed measure(s) or provision(s).
4. An identification of the potential effects to the beneficial functions, both positive and negative. The RPF may use a reasoned analysis to describe the effects and may assign ratings of high, moderate and low to those effects that may individually or cumulatively limit anadromous salmonid distribution and abundance in the watershed.
5. A detailed description of the site-specific measure(s) or nonstandard operational provision(s) proposed. The description should address at a minimum the relationships between the riparian stand characteristics and ecological functions, the relative importance of the beneficial functions of the riparian zone to the watercourse, the cost effectiveness of the measure(s) or provision(s), and the predicted consequences.
6. A schedule for implementing proposed management practices.
7. A plan for monitoring consistent with 14 CCR §916.11.
(4) Measures or provisions proposed pursuant to 14 CCR §916.9, subsections (v) shall only be approved when they meet the following additional standards: 
(A) They must be based upon the best available science, and explained and justified in the plan.
(B) They must identify potential significant adverse impacts that may occur to listed salmonids or the beneficial functions of the riparian zone as a result of the proposed measure(s) or provision(s).
(C) They must identify feasible systems, methods, procedures or approaches proposed to avoid or mitigate identified potential significant adverse impacts to a level of insignificance.
(D) They must be written so they provide clear instructions and enforceable standards for the timber operator; 
(E) They must provide that, where appropriate for implementation of the measure(s) or provision(s), the plan submitter is responsible for retaining an RPF to aid in interpreting the plan to the timber operator and timberland owner on a continuing basis to help assure compliance with the measure(s) or provision(s).
(F) They must identify each standard prescription that would be replaced by the measure(s) or provision(s) proposed.
(5) Guidance is provided below for site specific plans for flood prone areas: 
(A) Site-Specific Plans for watercourses with flood prone areas or channel migration zones: This section is an optional approach to be used at the discretion of the plan submitter. When used, this section replaces requirements found in 14 §916.9, subsection (f)(3). The goal of this approach is to allow RPFs to develop a site specific plan for salmonid habitat protection on a flood prone area. Site specific plans are to lead to development of properly functioning salmonid habitat and can include active management to restore the beneficial uses of the riparian zone. 
(B) Timber operations are limited to the flood prone areas beyond the outer margin of a CMZ.
(C) RPFs are to propose riparian protection zones and management practices that are designed for local conditions. 
(D) Site specific assessments shall include: 
1. Identifying the issues that need to be considered for watercourse and riparian protections [refer to Table 1 of “Flood Prone Area Considerations in the Coast Redwood Zone “(Riparian Protection Committee Report, Cafferata et al 2005) 

	2. Describing processes that need to be considered for the issues identified above.
3. Developing a method to define a desired trajectory for watercourse and riparian conditions in the context of the goals of 14 CCR 916.9, subsection (a). 
4. Defining how the proposed operations will aid reaching the desired trajectories.

	5. Disclosing assumptions being made at each step and limits to both the science and the proposed management activities.
6. Identifying how to determine what needs to be monitored and how to conduct the monitoring.
7. Supporting documentation is required including but not limited to field data, NetMap analysis, large wood modeling results, etc. 
(E) As described in the “Flood Prone Area Considerations in the Coast Redwood Zone” (Cafferata et al 2005), the site-specific plan for Class I flood prone area management shall include: 
1. an inventory of the flood prone area for all hydrologic, geomorphic, and biological functions present that can be affected by timber operations; 
2. a determination of the category of inundation where management is proposed [i.e., very frequent (1-5 yr recurrence interval or RI), frequent (5-20 yr RI), moderately frequent (20-50 yr RI), or infrequent (50+ yr RI)]; and 
3. an appropriate analysis for functions present in light of possible significant adverse impacts from management. Analysis for hydrologic functions may include how the flood prone area vegetative roughness will change with timber operations. Analyses for geomorphic functions may include how proposed operations will change bank stabilization, amount of soil disturbance on the flood prone area, and the potential for channel avulsion. Analyses for biological functions may include how harvesting will affect overflow channels, large wood recruitment, stream shading, riparian microclimate, organic matter input, and terrestrial wildlife habitat. 
(F) Disclosure and analysis requirements increase with increased risk associated with the proposed level of activity and the increased frequency of inundation in the flood prone area. In particular, management proposed within the 20 year recurrence interval flood prone area in a watershed with coho salmon habitat or restorable habitat requires detailed analysis. 
(G) In addition to considering how proposed prescriptions will affect flood prone area functions at the project level, site specific plans must consider a larger watershed perspective that includes consideration of the stream network and past activities in the watershed. Also, consideration must be given to the current condition of the flood prone area. 
(H) Information provided in the “Flood Prone Area Considerations in the Coast Redwood Zone” (Cafferata et al 2005) is to be used for guidance in the coast redwood zone. 
(I) The site-specific plan for Class I riparian management must: (1) have Review Team agencies pre-consultation and receive concurrence from the Review Team agencies, including DFG, and (2) include a monitoring component. 
(6) Guidance is provided below for site specific plans for fire hazard reduction:
(A) For site specific plans that address WLPZs having conditions where catastrophic, stand replacing wildfire will result in significant adverse effects to salmonid species, riparian habitat or other wildlife species, the site specific plan shall address measure(s) or provision(s) that create fire resilient forests, promote reduced fire intensities, and retain functional habitat following a wildfire. Site specific plans proposed for fuel hazard reduction shall contain information demonstrating the potential for severe fire behavior and likelihood of stand replacing fires. Fuel reduction measure(s) or provision(s) shall be designed to reduce fire behavior to levels appropriate for the region and riparian area. Measure(s) or provision(s) include, but are not limited to, activities that eliminate the vertical and horizontal continuity among all vegetative fuels layer (surface fuels, ladder fuels and crown fuels), focus on reducing surface and ladder fuel hazards, and simultaneously meet goals and objectives of 14 CCR §916.9 subsections (a) and (c). 
(7) No site-specific measure(s) or nonstandard operational provision(s) proposed pursuant to 14 CCR §916.9, subsection (v) may be prescribed by an RPF or approved by the Director in lieu of the following rules:
(A) The rules contained in Subchapter 2 (Application of Forest Practice Rules); Article 2 (Ratings and Standards) and Article 11 (Coastal Commission Special Treatment Areas) of Subchapter 4 (Coast Forest District Rules); Article 2 (Ratings and Standards) of Subchapter 5 (Northern Forest District Rules); Article 2 (Ratings and Standards) and Article 11 (Coastal Commission Special Treatment Areas) of Subchapter 6 (Southern Forest District Rules); and Subchapter 7 (Administration) of Chapter 4, Division 1.5 of Title 14 of the California Administrative Code; or
(B) Any Forest Practice Rule pertaining to the width of the special treatment area adjacent to a wild and scenic river declared pursuant to PRC 5093.50, et seq.; or
(C) Any Forest Practice Rules or parts of rules that incorporate practices or standards specified in the Forest Practice Act.
(8) The Director shall not accept for inclusion in a plan any site-specific measures or non-standard operational provisions as described in this section where the Department of Fish and Game or where two or more agencies listed in PRC §4582.6 and 14 CCR §1037.3 have submitted written comments which lead to the Director's conclusion that the proposed measures or provisions will not meet the goal of this section and the agencies participated in the review of the plan, including an on-the-ground inspection. 
(9) Site-specific measures or nonstandard operational provisions proposed pursuant to 14 CCR §916.9, subsection (v) shall not be considered alternative practices pursuant to 14 CCR §§897 or 914.9, in lieu practices or site specific practices pursuant to 14 CCR §916.1, or alternative prescriptions for the protection of watercourses or lakes pursuant to 14 CCR §916. 6. 
(10) Board staff and the Department shall work with agencies, stakeholders, and appropriate scientific participants (e.g., Monitoring Study Group, Technical Advisory Committee) in a transparent process to: (1) describe and implement two pilot projects, including monitored results, using site-specific or non-standard operational provisions; and (2) provide recommendations to the Board for consideration for adoption to provide detailed guidance for the application of site-specific or non-standard operational provisions. The pilot projects and guidance shall address cumulative and planning watershed impacts, and the guidance may address the appropriate standard site-specific or non-operational provisions shall meet. A report on the progress of the pilot projects and implementation guidance shall be presented to the Board within 18 months of the effective date of this regulation.
(w) Except when expressly required by 14 CCR §916.9, subsections (w)(1)-(5) below, the provisions of 14 CCR §916.9 shall not apply to a plan that is subject to:
(1) a valid incidental take permit issued by DFG pursuant to Section 2081(b) of the Fish and Game Code that addresses anadromous salmonid protection; or
(2) a federal incidental take statement or incidental take permit that addresses anadromous salmonid protection, for which a consistency determination has been made pursuant to Section 2080.1 of the Fish and Game Code; or
(3) a valid natural community conservation plan that addresses anadromous salmonid protection approved by DFG under section 2835 of the Fish and Game Code; or
(4) a valid Habitat Conservation Plan that addresses anadromous salmonid protection, approved under Section 10 of the federal Endangered Species Act of 1973; or
(5) project revisions, guidelines, or take avoidance measures pursuant to a memorandum of understanding or a planning agreement entered into between the plan submitter and DFG in preparation of obtaining a natural community conservation plan that addresses anadromous salmonid protection. 
NOTE

Authority cited: Sections 4551, 4554.5, 4555, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4750, 4750.3, 4750.4, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code.  
HISTORY

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22). For prior history, see Register 96, No. 45.
2. Amendment of subsection (y) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsections (a)(2)-(4), redesignation and amendment of former subsection (e)-(e)(5) as subsections (e)-(e)(2), amendment of subsections (f)-(g), (i), (j), (s) and (y) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsections (f), (g), (r)(2)(D), (s) and (y) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (y) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsections (i)-(l), (p), (q) and (s), new subsections (s)(1)-(t)(7)(D), subsection relettering, amendment of newly designated subsections (u) and (w)-(y) and new subsection (u)(1) filed 11-16-2006; operative 1-1-2007 pursuant to Public Resources Code section 4554.5 (Register 2006, No. 46).
8. Amendment of subsection (z) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
9. Amendment of first paragraph filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
10. Amendment of subsection (z) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
11. Amendment of section heading and section filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
12. Change without regulatory effect amending introductory paragraph filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
13. Amendment of subsections (k)(1) and (l)(3)-(4) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
14. New subsections (t)(8)(A)-(B) and amendment of Note filed 2-7-2011 as an emergency; operative 2-7-2011 (Register 2011, No. 6). Pursuant to Public Resources Code section 4555, a Certificate of Compliance must be transmitted to OAL by 6-7-2011 or emergency language will be repealed by operation of law on the following day.
15. Editorial correction of History 14 (Register 2011, No. 20).
16. New subsections (t)(8)(A)-(B) and amendment of Note refiled 8-8-2011 as an emergency; operative 8-8-2011 (Register 2011, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2011 or emergency language will be repealed by operation of law on the following day.
§916.9.1. Protection Measures in Watersheds with Coho Salmon. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f) Water Code; and Sections 1600 and 5650(c), Fish and Game Code.
HISTORY

1. New section filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
2. Amendment filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
3. Change without regulatory effect repealing section filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
§916.9.2. Measures to Facilitate Incidental Take Authorization in Watersheds with Coho Salmon. [Effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective] [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f) Water Code; and Sections 1600 and 5650(c), Fish and Game Code.
HISTORY

1. New section filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
2. Change without regulatory effect repealing section filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
§916.10. Domestic Water Supply Protection.
Note     •     History

(a) When proposed timber operations may threaten to degrade a domestic water supply the Director shall evaluate any mitigations recommended prior to the close of the public comment period (PRC 4582.7) and shall require the adoption of those practices which are feasible and necessary to protect the quality and beneficial use of the supply.  
(b) The Director may require a post-harvest evaluation of the effectiveness of the mitigations and practices designed to protect the domestic water supply as a condition of plan approval.  The Director shall require an evaluation at the request of the California Regional Water Quality Control Board, or any affected water purveyor, if the necessity for the evaluation is supported by substantial evidence in the record.  This evidence may include, but is not limited to, potential land failures, accelerated rate of road construction or harvesting within a watershed, concentration or intensity of harvesting activity near streams or springs.  The design and implementation of the evaluation shall be done in consultation with the Director, appropriate RWQCB, and THP submitter, and the sufficiency of the information requested by the Director shall be judged in light of reasonableness and practicality.
NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21000(b), (f), 21002 and 21002.1, Public Resources Code; and 33 USC 1288(b)(2)(F).
HISTORY

1. New section filed 1-7-94; operative 3-1-94 (Register 94, No. 1). For prior history, see Register 92, No. 40
§916.11. Effectiveness and Implementation Monitoring.
Note     •     History

(a) Where timber operations will be conducted within a WLPZ, the Director may require a post-harvest evaluation of the effectiveness of the mitigations and practices designed to protect the watercourse(s) or lake(s) as a condition of plan approval. The Director shall require such an evaluation if the necessity for the evaluation is supported by substantial evidence in the record. This evidence may include, but is not limited to, potential land failures, accelerated rate of road construction or harvesting within a watershed, concentration or intensity of harvesting activity near watercourses, and potential for accelerated windthrow. The design and implementation of the evaluation shall be done in consultation with the Director, the RWQCB or DFG, and THP submitter, and the sufficiency of the information requested by the Director shall be judged in light of reasonableness and practicality. The evaluation may utilize procedures including, but not limited, to: 
(1) Procedures for effectiveness and implementation monitoring, 
(2) Existing landowner monitoring programs, or 
(3) Photographic monitoring 
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code. 
HISTORY

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22). For prior history, see Register 96, No. 45.
2. Amendment of subsection (b) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsection (b) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsection (b) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (b) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsection (b) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
8. Amendment of subsection (b) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
9. Repealer of subsection (b) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§916.11.1. Monitoring for Adaptive Management in Watersheds with Coho Salmon. [Effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective]
Note     •     History

(a) Goal: The Board will develop a monitoring and adaptive management program for timber harvesting operations in watersheds with coho salmon. The purpose of the program will be: (i) to determine whether or not the operational Forest Practice Rules and associated hillslope and instream mitigation measures afford a level of protection that is both appropriate and adequate to ensure protection of coho salmon and its habitat, (ii) to provide monitoring necessary to ensure the Forest Practice Rules are being implemented in a manner consistent with the California Endangered Species Act as required under 14 CCR §896, and (iii) to provide a timely feedback process for the Board to assess rule effectiveness in meeting the stated goals under subsections (i) and (ii).
(1) The monitoring component of the program will provide the information necessary to evaluate the effectiveness of mitigation measures and identify when site-specific mitigation or operational rules should be revised to better accomplish the goals of the Board.
(A) Four types of monitoring will be addressed under the program including: (i) compliance, (ii) implementation, (iii) effectiveness, and (iv) validation.
(B) Review Team agencies will continue to conduct mandated compliance and implementation monitoring as part of their regulatory responsibilities.
(C) Effectiveness monitoring will be undertaken by the landowner; or be a cooperative effort between landowners and the Department, Review Team agencies, or a cooperative interdisciplinary team.
(D) Long-term validation monitoring will be undertaken by the Department, or facilitated through cooperative agreements among stakeholders and Review Team agencies. 
(E) The Board or its designee may include any monitoring that meets the intent of this section, including any efforts that are already underway by the landowner, agencies or other cooperators.
(2) The adaptive management component of the program will be a process of action-based planning, monitoring, evaluating and adjusting through use of the scientific method; with the objective of maintaining fully functioning habitat conditions and facilitating conservation of coho salmon populations.
(A) Four elements of adaptive management will be addressed under the program including: (i) identification of substantial new information, (ii) collection of substantial new information, (iii) evaluation of substantial new information, and (iv) determination regarding the necessity or benefit of adjustments and improvements to mitigation and protective measures, including the Forest Practice Rules, based upon the substantial new information.
(b)(1) In collaboration with the Department and other Review Team agencies, the Board shall appoint a scientific technical advisory committee to develop monitoring practices to evaluate the effectiveness of mitigation measures at the appropriate scale.
(A) In development of monitoring practices, the Board's appointed scientific technical advisory committee may also engage other experts in the field for assistance.
(B) The monitoring practices will be applied by the landowner; or be a cooperative effort between landowners and the Department, Review Team agencies, or a cooperative interdisciplinary team. 
(2) Monitoring practices and strategies may be peer reviewed by a scientific technical advisory committee as directed by the Board.
(3) The design and implementation of monitoring shall be done in consultation with the Department and other Review Team agencies, and the sufficiency of information shall be judged in light of its scientific merit and what is reasonable and practical.
(A) Monitoring data shall be derived from agency monitoring programs, landowner monitoring programs, or cooperative projects.
(4) As a condition of plan approval, based upon substantial evidence in the record, the Director may require monitoring:
(A) Anytime after plan approval,
(B) Concurrent with timber operations, and
(C) After completion of operations during the remainder of the prescribed maintenance period.
(5) Monitoring data collected pursuant to (b)(4) or (b)(6) shall be provided to the Board annually.
(6) The plan shall incorporate monitoring requirements in conformance with the requirements of a valid incidental take permit for coho salmon within the planning watershed that has been authorized pursuant to the following:
(A) a valid incidental take permit issued by DFG pursuant to Section 2081(b) of the Fish and Game Code; or
(B) a federal incidental take statement or incidental take permit, for which a consistency determination has been made pursuant to Section 2080.1 of the Fish and Game Code; or
(C) Section 2835 of the Fish and Game Code under a valid natural community conservation plan approved by DFG; or 
(c) The Department shall prepare an annual report in conjunction with a Board appointed technical subcommittee summarizing progress and significant findings from monitoring activities collected throughout the year in accordance with subsection (b)(4) above. The report shall be (i) provided to the Board during the first quarter of each calendar year, (ii) made available to the public upon request, and (iii) placed on the Board's website for at least 180 days.
(d) Based upon the findings presented in the annual monitoring report(s), the Director, in conjunction with the Board appointed technical subcommittee, may recommend additions, deletions or modifications to the Forest Practice Rules if the necessity for such a change is supported by substantial evidence in the reports. A specific recommendation based upon the findings that a rule requirement is no longer necessary shall also be supported by substantial evidence.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f) Water Code; and Sections 1600 and 5650(c), Fish and Game Code.
HISTORY

1. New section filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
§916.12. Section 303(d) Listed Watersheds.
Note     •     History

For any planning watershed in which timber operations could contribute to the pollutants or stressors which have been identified as limiting water quality in a water body listed pursuant to 303(d) Federal Clean Water Act, the following shall apply: 
(a) The Department shall, in collaboration with the appropriate RWQCB and SWRCB, prioritize watersheds in which the following will be done: 1) conduct or participate in any further assessment or analysis of the watershed that may be needed, 2) participate in the development of Total Maximum Daily Load (TMDL) problem assessment, source assessment, or load allocations related to timber operations, and 3) if existing rules are deemed not to be sufficient, develop recommendations for watershed-specific silvicultural implementation, enforcement and monitoring practices to be applied by the Department. 
(b) The Department shall prepare a report setting forth the Department's findings and recommendations from the activities identified pursuant to (a) above. The report shall be submitted to the Board and the appropriate RWQCB. The report shall be made available to the public upon request and placed on the Boards' website for a 90-day period. 
(c) Where the Department has recommended that the adoption of watershed specific rules is needed, the Board shall consider that recommendation as a proposal for rulemaking under the Administrative Procedures Act (Section 11340 et. seq. Gov Code) and shall begin that process within 180 days following receipt of that report. 
(d) These watershed specific rules shall be developed in collaboration with the appropriate RWQCB, the landowner(s) or designee with land in the planning watershed, and other persons or groups within the watershed, and may also be incorporated into a TMDL implementation plan. 
(e) The watershed specific rules shall remain in effect until the water body has been removed from the 303(d) list, or that the Board finds, after consulting with the appropriate RWQCB, that timber operations are no longer a significant source of the pollutant or stressor that limits water quality in the listed water body. 
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code. 
HISTORY

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22). For prior history, see Register 96, No. 45.
2. Amendment of subsection (f) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsection (f) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsection (f) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (f) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsection (f) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
8. Amendment of subsection (f) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
9. Repealer of subsection (f) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§916.13. Interim Watershed Mitigation Addendum (IWMA). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§916.13.1. Consultation. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82. 
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§916.13.2. IWMA Evaluation Area. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82. 
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§916.13.3. Contents of IWMA. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§916.13.4. Standards for IWMA Preparation. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§916.13.5. Submission of an IWMA as Part of a Plan. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§916.13.6. Compliance Monitoring and Expanded Completion Report. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§916.13.7. Subsequent Plans Within the IWMA Area. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§916.13.8. Equivalent Analysis. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
Article 7. Hazard Reduction
§917. Hazard Reduction.
Note     •     History

This article shall provide standards for the treatment of snags and logging slash in order to reduce the fire and pest safety hazards in the logging area, to protect such area from potential insect and disease attack, and to prepare the area for natural or artificial reforestation while retaining wildlife habitat.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Amendment filed 6-19-84; effective upon filing pursuant to Government Code section 11346.2 (d) (Register 84, No. 25).
2. Amendment filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§917.1. Snag Disposal and Retention. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Amendment filed 6-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 25).
2. Repealer of section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§917.2. Treatment of Slash to Reduce Fire Hazard.
Note     •     History

Except in the Southern Subdistrict of the Coast Forest District and Coastal Commission Special Treatment Areas of the Coast Forest District, the following standards shall apply to the treatment of slash created by timber operations within the plan area and on road adjacent to the plan area, but excluding appurtenant roads. Lopping for fire hazard reduction is defined in 14 CCR 895.1.
(a) Slash to be treated by piling and burning shall be treated not later than April 1 of the year following its creation, or within 30 days following climatic access, or as justified in the plan.
(b) Within 100 feet of the edge of the traveled surface of public roads, and within 50 feet of the edge of the traveled surface of permanent private roads open for public use where permission to pass is not required, slash created and trees knocked down by road construction or timber operations shall be treated by lopping for fire hazard reduction, piling and burning, chipping, burying or removal from the zone.
(c) All woody debris created by timber operations greater than one inch but less than eight inches in diameter within 100 feet of permanently located structures maintained for human habitation shall be removed or piled and burned; all slash created between 100-200 feet of permanently located structures maintained for human habitation shall be lopped for fire hazard reduction, removed, chipped or piled and burned; lopping may be required between 200-500 feet where unusual fire risk or hazard exist as determined by the Director or the RPF.
(d) An alternative to treating slash along roads and within 200 feet of structures may be approved by the Director when the RPF explains and justifies in the plans how equal fire protection will be provided. The alternative shall include a description of the alternate treatment(s) and the portion(s) of the plan area in which they will be utilized. In proposing alternate slash treatments the RPF shall consider the estimated amount and distribution of slash to be created by the operation, type of remaining vegetation, topography, climate, and degree of public exposure fire history.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Repealer of former section 917.2 and renumbering and amendment of former section 917.6 to section 917.2 filed 6-19-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 25). 
2. Repealer and new section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
§917.3. Prescribed Broadcast Burning of Slash.
Note     •     History

Outside the Southern Subdistrict, broadcast burning may be prescribed for slash treatment subject to the following conditions:
(a) It may occur in Zone A, as described in PRC 4423, subject to a project-type burning permit;
(b) It may occur in Zone B, as described in PRC 4423, without a burning permit from December 1 through March 31, unless a permit is required pursuant to paragraph (e), or subject to the provisions of a project-type burning permit between April 1 and December 1;
(c) It may occur within cleared firebreaks of not less than 10 feet (3.05 m) in width;
(d) Use of the broadcast burning prescription in the Watercourse and Lake Protection Zone for Class I, and II waters, is prohibited. Where necessary to protect downstream beneficial uses, the director may prohibit burning prescriptions in Class III watercourses;
(e) Exceptions to requirements (b), (c), and (d) above may be granted to any time of year provided a project-type burning permit is obtained prior to burning and the terms of the permit are adhered to while burning.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4423, 4513, 4551.5, 4562 and 4562.7, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 917.3 to 917.4 and renumbering and amendment of former Section 917.4 to Section 917.3 filed 6-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 25).
2. Amendment of subsection (d) filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
3. New subsection (f) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
4. Subsection (f) repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
§917.4. Treatment of Logging Slash in the Southern Subdistrict.
Note     •     History

To reduce fire hazards within the Southern Subdistrict of the Coast Forest District, treatment of slash created by timber operations shall be done in addition to requirements of 14 CAC 917.2 as follows:
(a) To provide more efficient firebreaks the areas within 50 feet (15.24 m) of the edge of all public roads shall be kept free of slash greater than 1 inch (2.5 cm) in diameter. Slash between 50 feet (15.24 m) and 100 feet (30.48 m) of the edge of said roads and slash within 200 feet (60.96 m) of all permanently located structures currently maintained for human habitation shall be treated by piling and burning, chipping, burying, removal, or lopping to within 12 inches (30.5 cm) above the ground not later than April 1 of the year following its creation. Distances shall be measured along the surface of the ground. Timber operations shall not cause a violation of PRC 4291. 
(b) Concentrations of slash created by the current operation around logging landings or located within the logging area excluding those areas substantially covered with logs on the ground, shall be crushed, chipped, spread, piled and burned, or otherwise treated no later than April 1st of the following year following their creation.
(c) Slash created by the current timber operation within and adjacent to the logging area, excluding those areas substantially covered with logs on the ground, shall be lopped over the entire logging area by April 1st of the year following the creation of the slash. Slash created by the current operations along roads not in the logging area shall be lopped concurrently with its creation.
(d) Use of the broadcast burning prescription for slash is prohibited in the Southern Subdistrict of the Coast Forest District.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 917.4 to Section 917.3 and renumbering and amendment of former Sections 917.3, 917.5 and 917.7 to Section 917.4 filed 6-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 25). 
§917.5. Burning of Piles and Concentrations of Slash.
Note     •     History

When the option of burning piles or concentrations of slash is chosen to meet the slash treatment requirements as specified in these rules, such burning shall be done as follows: 
(a) Piles and concentrations shall be sufficiently free of soil and other noncombustible material for effective burning.
(b) The piles and concentrations shall be burned at a safe time during the first wet fall or winter weather or other safe period following piling and according to laws and regulations. Piles and concentrations that fail to burn sufficiently to remove the fire hazard shall be repiled and burned in the manner aforesaid or treated to eliminate the fire hazard. All necessary precautions shall be taken to confine the burning to the piled slash.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4423, 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 917.5 to 917.4 and new section 917.5 filed 6-19-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 25). 
2. Amendment of section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
§917.6. Notification of Burning.
Note     •     History

The local representative of the Director shall be notified in advance of the time and place of any burning of logging slash. Any burning shall be done in the manner provided by law.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4423, 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 917.6 to Section 917.2 and renumbering and amendment of former Section 917.8 to Section 917.6 filed 6-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 25). 
§917.7. Protection of Residual Trees.
Note     •     History

Slash burning operations and fire hazard abatement operations shall be conducted in a manner which will not damage residual trees and reproduction to the extent that they will not qualify in meeting the silvicultural and stocking requirements of the rules.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 917.7 to Section 917.4 and renumbering and amendment of former Section 917.9 to Section 917.7 filed 6-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 25). 
§917.8. Slash Disposal to Control Forest Insects. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. New section filed 5-3-89 as an emergency; operative 5-3-89 (Register 89, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-31-89. For prior history, see Register 84, No. 25.
2. Repealed by operation of law pursuant to Government Code section 11346.1(d) filed 1-15-91 (Register 91, No. 19).
§917.9. Prevention Practices.
Note     •     History

Timber operations shall be conducted so as to minimize the build-up of destructive insect populations or the spread of forest diseases. To achieve this goal the following shall occur:
(a) Where THPs are in areas where the Board of Forestry has declared a zone of infestation or infection pursuant to PRC sections 4712-4718, the RPF shall identify feasible measures being taken to mitigate adverse infestation or infection impacts from the timber operation.
(b) Where significant adverse insect or disease build-ups are identified by the RPF preparing the plan or the Director on an area to be harvested under a THP, the plan shall include feasible measures to address the problem.
(c) The Board of Forestry has determined that insects breeding in pine logging slash can be a significant problem if they are not managed. Board of Forestry Technical Rule Addendum Number 3 describes the considerations that the RPF preparing a THP shall use in developing alternatives for treating pine brood material. The addendum also describes methods of treating pine brood material that may be used to meet the objectives of this rule. The RPF may propose or the Director may require hazard reduction treatments to mitigate significant adverse impacts of insects breeding in pine brood material at any time during the life of a THP.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513, and 4713, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 917.9 to section 917.7 filed 6-19-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 25). 
2. New section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
3. Editorial correction adding inadvertently omitted History 2 (Register 96, No. 50).
4. Amendment of subsection (c) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).

Appendix

BOARD OF FORESTRY TECHNICAL RULE
ADDENDUM NO. 3

BROOD MATERIAL

A. Hazard Determination
Tree mortality and top killing result when Ips beetle populations reproduce and increase in pine brood material1 and then leave this material and attack pines in the residual stand. Hazard increases with the amount of pine brood material present.
Any suitable breeding material, including pine logs from recently felled trees, represents a hazard as long as it remains on site long enough for the beetles to complete a life cycle in it. During suitable weather, the life cycle may be as short as five weeks. Piling of brood material is more hazardous than leaving it spread-out on the ground.
Timing of brood material production may influence hazard. Hazard is presumed to be highest when pine brood material is produced from February through June and moderate when produced at other times of the year. At no time is hazard presumed to be low. In some parts of the Southern Forest District, hazard is presumed to be high year round, regardless of when the brood material was produced.
Age, size, and species of residual trees influence hazard. Young pole size stands of pine are most susceptible to damage. Tree species other than pine are not damaged by insects that breed in pine brood material. Brood material from tree species other than  pine generally does not contribute to the build-up of damaging beetle populations.
Low vigor residual trees are at greatest risk. Historically, drought stressed, suppressed, and overstocked stands have been identified as high risk. Off-site, diseased, damaged, and overmature trees are also at risk.
If damaging insect populations are high, hazard will be greater. High beetle populations have the potential to damage more than just low vigor trees. Chronic pine mortality in the area should be evaluated to determine if high beetle populations are present. An established Zone of Infestation for pine bark beetles implies that conditions are appropriate for the build-up of beetle populations.
Potential for the spread of damaging insects to adjacent ownerships should be considered. The closer the ownership, the greater the risk. Generally, ownerships beyond one quarter of a mile will have little or no risk.
Value of residual trees should be considered. How much loss to residuals is acceptable?

B. Hazard Reduction Treatment Alternatives
Any treatment to reduce hazard should apply to the entire area where a hazard has been determined to exist, including the area where lopping for fire hazard reduction has been used. Treatment alternatives include modification of the brood material so that it is less suitable as a breeding site for beetles or methods to reduce beetle populations that have developed. 
Specific Treatment Alternatives applied to pine brood material are as follows:
(1) The following treatments are acceptable provided they are completed before insect broods emerge from infested material. During weather that is suitable for brood development, a five week window is the maximum time that should elapse between creation of brood material and its treatment by one of the following methods: brood material can be removed from the site for processing or disposal; if left on-site, it can be piled and burned, chipped, debarked, treated with an appropriate pesticide, or piled and covered with clear plastic. If brood material is piled and covered, the plastic used must be a minimum of 6 mil thick; piles must be completely sealed by the plastic so that there are no openings to the outside and remain covered for 6 months (or 4 months if at least 2 summer months are included).
(2) The following treatment is acceptable, provided it is completed as soon after brood material creation as is practical, but not later than one week. Lop all branches from the sides and tops of those portions of main stems which are 3” or more in diameter. Branches shall be scattered so that stems have maximum exposure to solar radiation. Do not pile brood material. Lopped stems could also be cut into short segments to decrease drying time and further reduce hazard.
(3) Burying brood material will prevent it from being colonized by beetles, but may not prevent emergence of the beetles. Therefore, it must be buried before becoming infested. During suitable weather, brood material must be buried concurrent with its creation.

1“Suitable” weather depends upon location. In areas that receive snowfall, suitable weather generally exists from April 15-October 15. In other areas, suitable weather exists from March 1-November 30.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513, and 4713, Public Resources Code.
HISTORY

1. New Appendix filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
§917.10. Prevention Practices.
Note     •     History

Adverse insect and disease impacts shall be identified by the RPF in the timber harvesting plan, and mitigating measures shall be prescribed to improve the health and productivity of the timber stand. Timber operations shall be conducted to as to minimize the build-up of destructive insect populations or the spread forest diseases.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4713, Public Resources Code.
HISTORY

1. Renumbering and amendment of section 919.2 to section 917.10 filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
2. Editorial correction renumbering former section 917.10 to section 917.11 and renumbering of former section 919 (mistakenly repealed) to section 917.10 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
3. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§917.11. Locating and Reporting.
Note     •     History

Timber operators, timber owners and foresters (RPF), if any employed on the operation, shall assist the State in determining the location of insect and disease outbreaks, and report such outbreaks to the Director or a representative of the Director.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4713, Public Resources Code.
HISTORY

1. Renumbering and amendment of section 919.2 to section 917.10 filed 8-5-91; operative 8-5-91-91 (Register 91, No. 50).
2. Renumbering of former section 919.2 to section  917.11 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
Article 8. Fire Protection
§918. Fire Protection.
Note     •     History

When burning permits are required pursuant to PRC §4423, timber operators shall:
(a) Observe the fire prevention and control rules within this article.
(b) Provide and maintain fire suppression related tools and devices as required by PRC §§4427, 4428, 4429, 4431, and 4442.
(c) Submit each year, either before April 1st or before the start of timber operations a fire suppression resources inventory to the Department as required by the rules.
NOTE

Authority cited: Section 4551 and 4553, Public Resources Code. Reference: Sections 4423, 4427, 4428, 4429, 4431, 4442, 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
2. Amendment filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
3. Amendment of section and Note filed 8-16-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5 (Register 2010, No. 34).
§918.1. Fire Suppression Resource Inventory.
Note     •     History

The Fire Suppression Resources Inventory shall include, as a minimum, the following information:
(a) Name, address and 24-hour telephone number of an individual and an alternate who has authority to respond to Department requests for resources to suppress fires.
(b) Number of individuals available for fire fighting duty and their skills.
(c) Equipment available for fire fighting.
The Fire Suppression Resources Inventory shall be submitted to the ranger unit headquarters office of the Department having jurisdiction for the timber operation.
NOTE

Authority cited: Section 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
2. Repealer and new section filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
§918.2. Fire Plan Contents. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4428, 4429, 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
2. Repealer filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
3. Editorial correction removing repealed text (Register 99, No. 26).
§918.3. Roads to Be Kept Passable.
Note     •     History

Timber operators shall keep all logging truck roads in a passable condition during the dry season for fire truck travel until snag and slash disposal has been completed.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4428, 4429, 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
§918.4. Smoking and Matches.
Note     •     History

Subject to any law or ordinance prohibiting or otherwise regulating smoking, smoking by persons engaged in timber operations shall be limited to occasions where they are not moving about and are confined to cleared landings and areas of bare soil at least three feet (.914 m) in diameter. Burning material shall be extinguished in such areas of bare soil before discarding. The timber operator shall specify procedures to guide actions of his employees or other persons in his employment consistent with this subsection.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
§918.5. Lunch and Warming Fires.
Note     •     History

Subject to any law or ordinance regulating or prohibiting fires, warming fires or other fires used for the comfort or convenience of employees or other persons engaged in timber operations shall be limited to the following conditions:
1. There shall be a clearance of 10 feet (3.05 m) or more from the perimeter of such fires and flammable vegetation or other substances conducive to the spread of fire.
2. Warming fires shall be built in a depression in the soil to hold the ash created by such fires.
3. The timber operator shall establish procedures to guide actions of his employees or other persons in their employment regarding the setting, maintenance, or use of such fires that are consistent with (a) and (b) of this subsection.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4103.5, 4432, 4433, 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
§918.6. Posting Procedures.
Note     •     History

Timber operators shall post notices which set forth lists of procedures that they have established consistent with Sections 918.4 and 918.5. Such notices shall be posted in sufficient quantity and location throughout their logging areas so that all employees, or other persons employed by them to work, shall be informed of such procedures. Timber operators shall provide for diligent supervision of such procedures throughout their operations.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
§918.7. Blasting and Welding.
Note     •     History

Timber operators shall provide for a diligent fire watch service at the scene of any blasting or welding operations conducted on their logging areas to prevent and extinguish fires resulting from such operations.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4551.5, Public Resources Code.
HISTORY

1. Editorial correction adding NOTE filed 11-15-82 (Register 82, No. 47). 
§918.8. Inspection for Fire.
Note     •     History

The timber operator and his/her agent shall conduct a diligent aerial or ground inspection within the first two hours after cessation of felling, yarding, or loading operations each day during the dry period when fire is likely to spread. The person conducting the inspection shall have adequate communication available for prompt reporting of any fire that may be detected.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Section 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
2. Amendment filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
§918.9. Glass Containers. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4551.5, Public Resources Code.
HISTORY

1. Editorial correction adding NOTE filed 11-15-82 (Register 82, No. 47). 
2. Repealer filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
§918.10. Cable Blocks.
Note     •     History

During the period when burning permits are required, all tail and side blocks on a cable setting shall be located in the center of an area that is either cleared to mineral soil or covered with a fireproof blanket that is at least 15 feet in diameter. A shovel and an operational full five-gallon back pump or fire extinguisher bearing a label showing at least a 4A rating must be located within 25 feet of each such block before yarding.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
2. Amendment filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
Article 9. Wildlife Protection Practices
§919. Wildlife Practice.
Note     •     History

Timber operations shall be planned and conducted to maintain suitable habitat for wildlife species as specified by the provisions of this Article. These provisions are in addition to those directly or indirectly provided in other rules of the Board of Forestry.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4713, Public Resources Code.
HISTORY

1. Repealer of former section 919, and renumbering and amendment of former section 919.1 to section 919 filed 6-16-83; designated effective 7-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 25). 
2. Repealer of section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
3. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13). For prior history, see Register 91, No. 50.
4. Renumbering of former section 919 to section 917.10 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
5. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§919.1. Snag Retention.
Note     •     History

Within the logging area all snags shall be retained to provide wildlife habitat except as follows:
(a) If required by the Director during the review of a THP, snags over 20 feet in height and 16 inches dbh shall be felled in the following locations:
(1) Within 100 feet of main ridge tops that are suitable for fire suppression and delineated on a THP map.
(2) For hazard reduction within 100 feet of all public reads, permanent reads, seasonal reads, landings, and railroads.
(b) Where federal and state safety laws and regulations require the felling of snags.
(c) Within 100 feet of structures maintained for human habitation.
(d) Merchantable snags in any location as provided for in the plan, or
(e) snags whose falling is required for insect or disease control.
(f) When proposed by the RPF; where it is explained and justified that there will not be a significant impact to wildlife habitat needs or there is a threat to human health or safety, including fire where the Director determines a high hazard exists.
NOTE

Authority cited: Sections 4551, Public Resources Code. Reference: Sections 4513, 4551.5, and 4582.75, and 4583 Public Resources Code.
HISTORY

1. Renumbering and amendment of section 919.1 to section 919 filed 6-16-83; designated effective 7-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 25). 
2. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§919.2. General Protection of Nest Sites.
Note     •     History

The following general standards for protection of Sensitive species shall apply.
(a) A pre-harvest inspection will normally be required when it is known or suspected that the minimum buffer zone surrounding an active nest of a Sensitive species is in or extends onto an area proposed for timber operations. When the California Department of Forestry is already familiar with the site, the Director, after consultation with the Department of Fish and Game, may waive this requirement.
(b) During timber operations, nest tree(s), designated perch tree(s), screening tree(s), and replacement tree(s), shall be left standing and unharmed except as otherwise provided in these following rules.
(c) Timber operations shall be planned and operated to commence as far as possible from occupied nest trees unless explained and justified by the RPF in the THP.
(d) When an occupied nest site of a listed bird species  is discovered during timber operations, the timber operator shall protect the nest tree, screening trees, perch trees, and replacement trees and shall apply the provisions of subsections (b) and (c) above and of section 919.2 (939.2, 959.2), and shall immediately notify the Department of Fish and Game and the Department of Forestry and Fire Protection. An amendment that shall be considered a minor amendment to the timber harvesting plan shall be filed reflecting such additional protection as is agreed between the operator and the Director after consultation with the Department of Fish and Game.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4582.75, 4583 and 4604, Public Resources Code; 14 CCR 670.5; and 50 CFR 17.11.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Amendment of subsection (d) filed 7-23-90 as an emergency; operative 7-23-90 (Register 90, No. 40). A Certificate of Compliance must be transmitted to OAL by 11-20-90 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of subsection (d) as it existed prior to 7-23-90 emergency amendment by operation of Government Code section 11346.1(f) (Register 91, No. 4).
4. Amendment of subsection (d) filed 11-21-90 as an emergency; operative 11-21-90 (Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by 3-21-91 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of subsection (d) as it existed before emergency amendment filed 11-21-91 by operation of Government Code section 11346.1(f) (Register 91, No. 16).
6. Amendment of subsection (d) filed 3-25-91 as an emergency; operative 3-25-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-23-91 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-25-91 order transmitted to OAL on 4-26-91 and filed 5-28-91 (Register 91, No. 28).
8. Renumbering of former section 919.2 to section 917.11 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
9. Renumbering and amendment of former section 919.6 to section 919.2 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
10. Editorial correction deleting former History Note 8 and renumbering remaining History Notes (Register 95, No. 14).
§919.3. Specific Requirements for Protection of Nest Sites.
Note     •     History

The following requirements shall apply to nest sites containing active nests and not to nest sites containing only abandoned nests.
(a) Buffer zones shall be established around all nest trees containing active nests. The buffer zones shall be designed to best protect the nest site and nesting birds from the effects of timber operations. In consultation with the Department of Fish and Game, and as approved by the Director, an RPF or supervised designee shall flag the location of the boundaries of the buffer zone, and the configuration of the buffer zone. Consultation with the Department of Fish and Game shall be required pursuant to 14 CCR 898. Consideration shall be given to the specific habitat requirements of the bird species involved when configuration and boundaries of the buffer zone are established.
(b) The size of the buffer zone for each species shall be as follows:
(1) For the Bald eagle and Peregrine falcon, the buffer zone shall be a minimum of ten acres in size. The Director may increase the buffer zone beyond 40 acres in size so that timber operations will not result in a “take” of either species. The Director shall develop the buffer zone in consultation with the Department of Fish and Game and the RPF.
(2) For the Golden eagle, the buffer zone shall be a minimum of eight acres in size.
(3) For the Great blue heron and Great egret, the buffer zone shall consist of the area within a 300-foot radius of a tree or trees containing a 
group of five or more active nests in close proximity as determined by the Department of Fish and Game.
(4) For the Northern goshawk, the buffer zone shall be a minimum of five acres in size. When explained and justified in writing, the Director may increase the size of the buffer zone to a maximum of 20 acres when necessary to protect nesting birds.
(5) For the Osprey, the buffer zone may be up to five acres in size. When explained and justified in writing, the Director may increase the size of the buffer zone to a maximum of 18 acres when necessary to protect nesting birds.
(c) The following year-round restrictions shall apply within the buffer zone.
(1) For the Bald eagle, no clearcutting is allowed within the buffer zone. Selection, commercial thinning, sanitation-salvage, and the shelterwood regeneration method, except for the removal step, are permitted if all trees are marked prior to preharvest inspection. All nest trees containing active nests, and all designated perch trees, screening trees, and replacement trees, shall be left standing and unharmed.
(2) For the Golden eagle, no clearcutting is allowed within the buffer zone. All nest trees containing active nests, and all designated perch trees, screening trees, and replacement trees, shall be left standing and unharmed.
(3) For the Great blue heron and Great egret, all nest trees containing active nests shall be left standing and unharmed.
(4) For the Northern goshawk, designated nest trees, screening trees, perch trees, and replacement trees shall be left standing and unharmed. Only the commercial thinning, sanitation-salvage, and selection regeneration methods are permitted in the buffer zone.
(5) For the Osprey, all designated nest trees, perch trees, screening trees, and replacement trees shall be left standing and unharmed. If the RPF believes that retention is not feasible, he may propose construction of an artificial nest structure as an alternative.
(6) For the Peregrine falcon, where timber provides part of the immediate nesting habitat, special cutting prescriptions may be required by the Director on an area up to ten acres in size immediately surrounding the nest. The cutting prescriptions shall protect the nesting habitat.
(d) Critical periods are established for each species and requirements shall apply during these critical periods as follows:
(1) For the Bald eagle, the critical period is January 15 until either August 15 or four weeks after fledgling, as determined by the Director. During this critical period, no timber operations are permitted within the buffer zone. Exceptions may be approved by the Director, after consultation with the Department of Fish and Game to allow hauling on existing roads that normally receive use within the buffer zone during the critical period.
(2) For the Golden eagle, the critical period is January 15 until April 15 for active nests, and is extended from April 15 until either September 1 or until the birds have fledged from occupied nests. During this critical period, hauling on existing roads that normally receive use during the critical period is permitted. Other timber operations are not permitted within the buffer zones.
(3) For the Great blue heron and Great egret, the critical period is February 15 until July 1 for coastal counties south of and including Marin County. For all other areas, the period is from March 15-July 15. During this critical period, timber operations within the buffer zone shall be staged with a gradual approach to the nest.
(4) For the Northern goshawk, the critical period is from March 15 until August 15. During this critical period, no timber operations are permitted; however, new road construction is permitted if the Director determines that there is no feasible alternative. Exceptions may be approved by the Director after consultation with the Department of Fish and Game to allow hauling on existing roads that normally receive use within the buffer zone during the critical period.
(5) For the Osprey, the critical period is March 1 to April 15 for active nests in coastal counties including Mendocino County and those south of it. This period is extended from April 15 until August 1 for occupied nests. For all other areas, the critical period is March 15 until May 1 for active nests, and is extended from May 1 to August 15 for occupied nests. During the critical period, at nest sites where Osprey have shown historical tolerance to disturbance, timber operations are permitted using a gradual approach to the nest, except that no cutting is permitted. Where Osprey are determined by the Director to be intolerant to timber operations, no timber operations are permitted within the buffer zone unless the Director determines that there are no feasible alternatives.
(6) For the Peregrine falcon, the critical period is February 1 until April 1 for active nests, and is extended until July 15 for occupied nests. During the critical period, no timber operations are permitted within the buffer zone. However, when the Director, after consultation with the Department of Fish and Game determines that Peregrines have shown a tolerance to hauling activity in the past, hauling on existing roads that normally receive use during the critical period within the buffer zone is permitted.
(e) The following requirements shall apply to helicopter logging during the critical period.
(1) For the Bald eagle, helicopter yarding within one-quarter mile radius of the nest tree is prohibited. Helicopter yarding between one-quarter and one-half mile of the nest tree is permitted when timber operations are conducted so that helicopter yarding gradually approaches the one-quarter mile radius limit.
(2) For the Golden eagle and Northern goshawk, helicopter yarding within one-quarter mile radius of the nest is prohibited.
(3) For the Osprey, helicopter yarding within one-quarter mile radius of the nest is prohibited between April 15 and June 15.
(4) For the Peregrine falcon, helicopter yarding is prohibited within one-half mile of the nest.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Renumbering and amendment of former section 919.7 to section 919.3 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
3. Amendment of subsection (a) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§919.4. Non-listed Species.
Note     •     History

Where significant adverse impacts to non-listed species are identified, the RPF and Director shall incorporate feasible practices to reduce impacts as described in 14 CCR 898.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§919.5. Alternatives.
Note     •     History

The RPF may propose alternatives to the requirements of this chapter, and the Director may approve such alternatives provided all of the following conditions are met:
(a) The RPF develops the alternative in consultation with the Department of Fish and Game.
(b) The Director consults with the Department of Fish and Game and makes findings that the alternative conforms to (c), below, prior to approving the alternative.
(c) The alternative will provide protection for nesting birds and their nesting sites equal to or greater than the protection that would be afforded by the application of the normal rules set forth in this chapter.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Repealer of section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
3. Renumbering and amendment of former section 919.8 to section 919.5 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§919.6. General Protection of Nest Sites. [Renumbered]
History

HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Amendment of subsection (d) filed 7-23-90 as an emergency; operative 7-23-90 (Register 90, No. 40). A Certificate of Compliance must be transmitted to OAL by 11-20-90 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of subsection (d) as it existed prior to 7-23-90 emergency amendment by operation of Government Code section 11346.1(f) (Register 91, No. 4).
4. Amendment of subsection (d) filed 11-21-90 as an emergency; operative 11-21-90 (Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by 3-21-91 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of subsection (d) as it existed before emergency amendment filed 11-21-91 by operation of Government Code section 11346.1(f) (Register 91, No. 16).
6. Amendment of subsection (d) filed 3-25-91 as an emergency; operative 3-25-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-23-91 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-25-91 order transmitted to OAL on 4-26-91 and filed 5-28-91 (Register 91, No. 28).
8. Renumbering and amendment of former section 916.6 to section 919.2 filed 8-12-91; operation 9-11-91 (Register 92, No. 13).
§919.7. Specific Requirements for Protection of Nest Sites. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13). 
2. Renumbering and amendment of former section 919.7 to section 919.3 filed 8-12-91; operation 9-11-91 (Register 92, No. 13).
§919.8. Alternatives. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Renumbering and amendment of former section 919.8 to section 919.5 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§919.9. Northern Spotted Owl.
Note     •     History

Every proposed timber harvesting plan, NTMP, conversion permit, Spotted Owl Resource Plan, or major amendment located in the Northern Spotted Owl Evaluation Area or within 1.3 miles of a known northern spotted owl activity center outside of the Northern Spotted Owl Evaluation Area shall follow one of the procedures required in subsections (a)-(g) below for the area within the THP boundary as shown on the THP map and also for adjacent areas as specified within this section. The submitter may choose any alternative (a)-(g) that meets the on-the-ground circumstances. The required information shall be used by the Director to evaluate whether or not the proposed activity would result in the “take” of an individual northern spotted owl.
When subparagraphs (a), (b), (c) or (f) are used, the Director, prior to approval of a THP, shall consult with a SOE and conduct an independent review. A SOE may aid the RPF in fulfilling the requirements within subdivision (g). The SOE may make written recommendations regarding whether the retained habitat configuration and protection measures proposed in the THP will prevent a take of the owl. 
In consultation with the SOE, the Director may adjust standards established by this section based on site specific circumstances in a manner which is consistent with information collected on owl behavior in California, and the prohibitions of the Federal Endangered Species Act.
(a) If the project proponent requests preliminary review of the proposed operation or Spotted Owl Resource Plan prior to filing, the proponent shall consult with a SOE to evaluate whether the proposed operation would result in the taking of an individual northern spotted owl. This evaluation is preliminary to and separate from the final “take” determination to be made under 14 CCR § 919.10. In making that evaluation:
(1) The SOE shall apply the criteria set forth in 14 CCR § 919.10;
(2) The SOE may request that the submitter provide additional information which the SOE finds necessary to evaluate if a “take” would occur, provided that the SOE states the type of information needed, the purpose of the information, and the level of accuracy necessary to meet the stated purpose.
(3) If the SOE concludes that no prohibited taking would occur, the SOE shall inform the submitter as soon as practicable and shall document the decision and the information which was relied upon by the SOE in the above evaluation. Reference data shall be readily available for the Director's review upon request;
(4) If the SOE concludes that the proposed timber operation or Spotted Owl Resource Plan would result in a taking, he or she shall inform the submitter as soon as practicable and shall comply with 14 CCR §919.10(c) within 10 working days of making this determination.
(5) Requests for prefiling consultation shall be handled in the order in which received.
(b) The RPF shall include the following information:
(1) On a planimetric or topographic map of a minimum scale of 1:24,000, provide the following:
(A) The location and acreage of owl habitat.
This information shall be shown for the area within the boundary both as it exists before and after timber operations. The Director shall determine if timber typing maps may qualify as showing owl habitat.
(B) Identify any adjoining owl habitat by type within .7 miles of the boundary.
(C) When mapping functional owl nesting, roosting, and foraging habitat, include additional information which helps define those areas such as: location of topography features, riparian vegetation, hardwood component, water, potential nest and roost sites, and potential suitable forage areas.
(D) All known owl observations, identified by location and visual or nonvisual confirmation within 1.3 miles of the boundary. This information shall be derived from the landowner's and RPF's personal knowledge, and from the Department of Fish and Game's spotted owl data base.
(2) Discussion on how functional characteristics of owl habitat will be protected in terms of the criteria stated within 14 CCR §919.10 subsections (a) and (b).
(3) As adjacent landowners permit and from other available information, a discussion of adjacent owl habitat up to .7 mile from the proposed boundary and its importance relative to the owl habitat within the boundary.
(4) Describe any proposals for monitoring owl or owl habitat which are necessary to insure their protection. Monitoring is not required for approval.
(5) Discussion of any known owl surveys that have been conducted within 1.3 miles of the THP boundary. Include the dates, results and methodologies used if known.
(6) A proposed route that will acquaint the SOE and other reviewers with the important owl habitat.
(7) Attach aerial photos of the area, if available. (Aerial photos are not required).
(c) Where certification is made by the RPF and adequate records are kept showing that owl surveys were conducted sufficient to demonstrate the absence of owls from an area, the THP will be reviewed on a high priority basis. The THP shall contain verification that:
(1) The surveys have been conducted throughout the area within .7 miles of the boundary in accordance with USFWS approved protocol (“Protocol For Surveying Proposed Management Activities That May Impact Northern Spotted Owls”; U.S. Fish and Wildlife Service; March 17, 1992).
(2) The surveys were conducted during the current or immediately preceding survey period as prescribed by the previously cited USFWS approved protocol.
(3) The surveys reveal no nest sites, activity centers or owl observations in the area surveyed; and
(4) The surveys reveal no activity center or repeated observations indicating the presence of mates and/or young within 1.3 miles of the boundary based on a review of the landowner's and RPF's personal knowledge and the Department of Fish and Game's spotted owl data base.
(d) If the plan submitter proposes to proceed under an “incidental taking” permit or any other permit covering the northern spotted owl issued by the. U.S. Fish and Wildlife Service or the Department of Fish and Game, the submitter shall supply a copy of the permit upon the Department's request.
(e) If the submitter proposes to proceed pursuant to the outcome of a discussion with the U.S. Fish and Wildlife Service, the submitter shall submit a letter prepared by the RPF that the described or proposed management prescription is acceptable to the USFWS.
(f) If: 
(1) the submitter's proposed operations were reviewed by a SOE under 14 CCR §919.9, subsection (a); and 
(2) the SOE recommended minimum modifications to the proposed operations which would be necessary to bring the impacts to a level at which no “take” would occur and the submitter has adopted those recommendations; and
(3) the proposed operations remain substantially the same as the operations which the SOE reviewed, the submitter shall provide a copy of the recommendations made by the SOE and the submitter shall explain how the proposed operations comply with those recommendations.
(g) Where an activity center has been located within the plan boundary or within 1.3 miles of that boundary, the RPF shall determine and document in the plan: (i) activity center-specific protection measures to be applied during timber operations and (ii) owl habitat, including habitat described in (1)-(5) below, that will be retained after the proposed operations are completed.
(1) Within 500 feet of the activity center the characteristics of functional nesting habitat must be maintained. No timber operations shall be conducted in this area during the northern spotted owl breeding season unless reviewed and approved by the Director as not constituting a take. Timber operations may be conducted in this area outside the breeding season if appropriate measures are adopted to protect nesting habitat.
(2) Within 500-1000 feet of the activity center, retain sufficient functional characteristics to support roosting and provide protection from predation and storms. No timber operations shall be conducted in this area during the breeding season unless reviewed and approved by the Director as not constituting a take.
(3) 500 acres of owl habitat must be provided within a .7 mile radius of the activity center, unless an alternative is reviewed and approved by the Director as not constituting a take. The 500 acres includes the habitat retained in subsections (1) and (2) above and should be as contiguous as possible. Less than 50% of the retained habitat should be under operation in any one year, unless reviewed and approved by the Director as not constituting a take.
(4) 1336 total acres of owl habitat must be provided within 1.3 miles of each activity center, unless an alternative is reviewed and approved by the Director as not constituting a take. The 1336 acres includes the habitat retained within subsections (1)-(3) above. 
(5) The shape of the areas established pursuant to subsections (1) and (2) shall be adjusted to conform to natural landscape attributes such as draws and streamcourses while retaining the total area required within subsections (1) and (2) above.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4582.75, 4583, Public Resources Code; and 50 CFR 17.11.
HISTORY

1. New section filed 7-23-90 as an emergency; operative 7-23-90 (Register 90, No. 40). A Certificate of Compliance must be transmitted to OAL by 11-20-90 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 4).
3. New section filed 11-21-90 as an emergency; operative 11-21-90 (Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by 3-21-91 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 16).
5. New section filed 3-25-91 as an emergency; operative 3-25-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-23-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 3-25-91 order transmitted to OAL 4-26-91 including amendments to introductory language and subsections (a)(3), (b)(1)(D)(2), (c), and (e), and deletion of subsection (h) transmitted to OAL 4-26-91 and filed 5-28-91 (Register 91, No. 28).
7. Amendment of second paragraph, new third paragraph, and amendment of fourth paragraph and subsection (a) filed 3-27-95; operative 3-27-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 13).
8. Amendment filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
9. Amendment of subsections (c) and (g) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
10. Amendment of first paragraph filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5 (Register 2008, No. 45).
11. Amendment filed 11-25-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.4 (Register 2009, No. 48).
12. Amendment of subsections (c)(4) and (g)-(g)(4) filed 6-23-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5 (Register 2010, No. 26). 
§919.10. Take of Northern Spotted Owl.
Note     •     History

The Director shall apply the following criteria to the information provided by the plan submitter and obtained during the review period to make a finding as to whether the timber operations, as proposed, will “take” an individual northern spotted owl. 
(a) The Director shall determine that the proposed habitat modification would result in “harm” to an individual spotted owl if any of the following conditions exist:
(1) Feeding habits would be significantly impaired because prey base or ability to catch prey would be adversely altered;
(2) Breeding success would be significantly impaired because of a reduction in surrounding owl habitat before the young have had an opportunity to successfully disperse from their nesting site;
(3) Nesting behavior would be significantly impaired because the nest site or adjoining area up to 500 feet from the nest site would be adversely altered; or
(4) Sheltering (which includes roosting, feeding, and nesting) would be significantly impaired because the ability to escape predators, survive severe weather, or find appropriate microclimes would be adversely altered.
(b) The Director shall determine that an individual northern spotted owl would be “harassed” by the proposed timber operations if there is a likelihood that any of the following conditions exist:
(1) Feeding habits would be significantly disrupted because the prey base or the ability to catch prey would be impaired;
(2) Breeding success would be significantly disrupted;
(3) Nesting behavior would be significantly disrupted because activities would be conducted within 500 feet of a nest site; or
(4) Sheltering (which includes roosting, nesting, or feeding) would be significantly disrupted because the ability to escape predators, survive severe weather, or find appropriate microclimes would be adversely altered.
(c) If the Director concludes that the proposed operations will result in a taking of the owl, he/she shall provide the plan submitter with the following information:
(1) The reasons for the determination, including an analysis of the factors set forth in this section;
(2) The information which was relied upon and which was instrumental in making the determination; and
(3) Recommendations for minimum modifications to the proposed operations which would be necessary to bring the impacts to a level at which “take” would not occur.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4313, 4551.5, 4582.75 and 4583, Public Resources Code; 50 CFR 17.11. 
HISTORY

1. New section filed 7-23-90 as an emergency; operative 7-23-90 (Register 90, No. 40). A Certificate of Compliance must be transmitted to OAL by 11-20-90 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 4).
3. New section filed 11-21-90 as an emergency; operative 11-21-90 (Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by 3-21-91 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 16).
5. New section filed 3-25-91 as an emergency; operative 3-25-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-23-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 3-25-91 order transmitted to OAL 4-26-91 including amendments to introductory language and subsection (b)(4) transmitted to OAL 4-26-91 and filed 5-28-91 (Register 91, No. 28).
7. Amendment of first paragraph and subsections (a), (b) and (c) filed 11-25-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.4 (Register 2009, No. 48).
§919.11. Marbled Murrelet Protective Measures.
Note     •     History

Where there is evidence of an “active murrelet site” in or adjacent to the THP area, or where there is evidence of a potential impact to a murrelet, the Director shall consult with DFG as to whether the proposed THP will result in a “take” or “jeopardy” (pursuant to the California Endangered Species Act) of the murrelet before the Director may approve or disapprove a THP. Biological Assessments submitted with the THP that are prepared according to the Department of Fish and Game Guidelines for Consultation (Fish and Game Code Section 2090) shall be provided to the DFG during consultation. If DFG determines jeopardy or a take will occur as a result of operations proposed in the THP, the Director shall disapprove the THP unless the THP is accompanied by authorization by a wildlife agency acting within its authority under state or federal endangered species acts.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 2053, 2080.1, 2090-2097, 2830 and 2835, Fish and Game Code; Sections 4513 and 4551.5, Public Resources Code; and the federal Endangered Species Act of 1973, 16 U.S.C. et seq.
HISTORY

1. Renumbering and amendment of former section 919.14 to section 919.11 filed 5-19-92; operative 6-18-92 (Register 92, No. 26).
2. Amendment of section and Note filed 5-21-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 21).
§919.12. Sensitive Species Classification.
Note     •     History

The Board of Forestry has the responsibility under the FPA to provide protection to all species occurring in the state's forestlands. The procedure to identify those species that warrant special protection during timber operations is described as follows:
(a) The public or public agencies may petition the Board to classify a species as a “Sensitive Species.” For the Board to consider such a petition, it must contain a discussion of the following topics:
(1) Range and distributional status of the species which includes an assessment of occurrence in timberland as defined by the FPA and rules.
(2) Indices of population trends describing the abundance of the species.
(3) Biotic and abiotic factors affecting the population viability or status of the species. Specific attention should be given to factors related to forest management and harvesting. This should include threats to population and habitat viability, including direct, indirect, and cumulative effects from these and other threats.
(4) Habitat availability and trends that include, but are not limited to, an assessment of the following as appropriate:
A. Dependence on general habitat conditions altered by typical forest management activities and projected time for habitat recovery,
B. Dependence on special habitat elements adversely impacted by timber operations,
C. Habitat continuity and juxtaposition requirements as an evaluation of sensitivity to habitat fragmentation.
(5) Suggested feasible protective measures required to provide for species protection.
(6) Other information specific to the species proposed that the petitioner believes to be relevant in assisting the Board to evaluate the petition.
(7) Sources of information relied upon to complete the petition.
(8) Recommended forest practice rules to provide guidance to RPF's, LTO's, landowners and the Director on species protection.
(9) The potential economic impacts of classifying a species sensitive.
(b) The Board will consult with the U.S. Fish and Wildlife Service, the California Fish and Game Commission, the California Department of Fish and Game, and others as appropriate. After consultation, the Board shall classify a species as sensitive after a public hearing if it finds:
(1) The California population requires timberland as habitat for foraging, breeding, or shelter, and
(2) The California population is in decline or there is a threat from timber operations, and
(3) Continued timber operations under the current rules of the Board will result in a loss of the California population viability.
(c) The Board shall consult with the U.S. Fish and Wildlife Service, the California Department of Fish and Game, and others as appropriate. After consultation and a public hearing, the Board will declassify a species as sensitive if it no longer meets the criteria for classification.
(d) The Board shall consider, and when possible adopt, regulations using the best available scientific information to establish the feasible mitigations for protection of the species at the same time such species is classified sensitive.
(e) Where rules are not adopted for the protection of the species at the time of classification, the Board shall begin development of proposed regulations for protection of the species.
Within one year of the classification of a species as sensitive, the Board shall hold a hearing on proposed regulations to establish the protection standards for that species according to the best available scientific information.
NOTE

Authority cited: Sections 4551, 4552, 4553 and 4582, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552 and 4582, Public Resources Code.
HISTORY

1. New section filed 8-31-92; operative 9-30-92 (Register 92, No. 36).
§919.13. Marbled Murrelet Survey Requirements. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 6-27-91 as an emergency; operative 6-27-91 (Register 91, No. 41). A Certificate of Compliance must be transmitted to OAL by 10-24-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 11-1-91 as an emergency; operative 11-1-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-2-92 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 92, No. 39).
§919.14. Marbled Murrelet Protective Measures. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 6-27-91 as an emergency; operative 6-27-91 (Register 91, No. 41). A Certificate of Compliance must be transmitted to OAL by 10-24-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 11-1-91 as an emergency; operative 11-1-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-2-92 or emergency language will be repealed by operation of law on the following day.
3. Renumbering and amendment of former section 919.14 to section 919.11 filed 5-19-92; operative 6-18-92 (Register 92, No. 26).
§919.15. Mitigation of Wildlife Impacts. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551 and 21160, Public Resources Code. Reference: Sections 4512, 4513 and 21001, Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744 (Sept. 23, 1991 Rehg. granted Oct. 23, 1991). 
HISTORY

1. New section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer of emergency adoption filed 11-25-91 by operation of Government Code section 11346.1(g) (Register 92, No. 40).
§919.16. Late Succession Forest Stands.
Note     •     History

(a) When late succession forest stands are proposed for harvesting and such harvest will significantly reduce the amount and distribution of late succession forest stands or their functional wildlife habitat value so that it constitutes a significant adverse impact on the environment as defined in Section 895.1, the RPF shall provide habitat structure information for such stands.
A statement of objectives over time shall be included for late succession forest stands on the ownership.  The THP, SYP, or NTMP shall include a discussion of how the proposed harvesting will affect the existing functional wildlife habitat for species primarily associated with late succession forest stands in the plan or the planning watershed, as appropriate, including impacts on vegetation structure, connectivity, and fragmentation.  The information needed to address this subsection shall include, but is not limited to:
(1) --A map(s) showing: A) late succession forest stands within the planning watershed and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands that are on the ownership, B) those stands which are currently proposed to be harvested, and C) known stands on other ownerships.
(2) --A list of fish, wildlife and listed species known to be primarily associated with the late succession forest stands in the planning watershed(s) compiled by the RPF or supervised designee using the “California Wildlife Habitat Relationships System” (WHR), the California Natural Diversity Database, and local knowledge of the planning watershed.
(3) --Description of functional wildlife habitat elements that are important for fish, wildlife and listed species primarily associated with late succession forest stands within the planning watershed(s).
(4) --A description of the structural characteristics for each late succession forest stand and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands within the planning watershed including a discussion of important functional wildlife habitat elements identified in (3).  Methods used to develop the description, which may be an ocular estimate, shall also be described.
(5) --A description of the functional wildlife habitat objectives, such as anticipated long-term landscape patterns, stand structure for late succession forest stands and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands, and a discussion of anticipated recruitment procedures for important functional wildlife habitat elements.  Coordination of functional wildlife habitat objectives on landscape features among ownerships within mixed-ownership planning watersheds is encouraged.
(6) --An analysis of the long-term significant adverse effects on fish, wildlife, and listed species known to be primarily associated with late succession forests.
(b) Where timber operations will result in long-term significant adverse effects on fish, wildlife, and listed species known to be primarily associated with late succession forests in a THP, SYP, NTMP or planning watershed, feasible mitigation measures to mitigate or avoid such long-term significant adverse effects shall be described and incorporated in the THP, SYP or NTMP.  Where long-term significant adverse effects cannot be avoided or mitigated, the THP, SYP, or NTMP shall identify the measures that will be taken to reduce those remaining effects and provide reasons for overriding concerns pursuant to 14 CCR Section 898.1(g), including a discussion of the alternatives and mitigation considered.
(c) A THP, SYP, or NTMP submitter may request that the Director waive subsection (a) above.  The Director, after conferring with review team agencies with jurisdiction, may waive subsection (a) above when substantial evidence is presented that would support a determination that post-harvest late succession forest stands or functional wildlife habitat will continually provide adequate structure and connectivity to avoid or mitigate long-term significant adverse effects on fish, wildlife, and listed plant species known to be primarily associated with late succession forest stands within the planning watersheds.
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.5, 4562.7 and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4526, 4551.5, 4562.5, 5093.50, 21001(f) and 21080.5, Public Resources Code; Section 5650(c), Fish and Game Code; 16 USC 1532; 50 CFR 17.3; 50 CFR 17.11. 
HISTORY

1. New section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).  For prior history, see Register 92, No. 40.
2. Amendment of subsection (a)(2) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§919.17. Protection of Old Growth Forest Components. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551 and 21160, Public Resources Code. Reference: Sections 4512, 4513 and 21001, Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744 (Sept. 23, 1991 Rehg. granted Oct. 23, 1991). 
HISTORY

1. New section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer of emergency adoption filed 11-25-91 by operation of Government Code section 11346.1(g) (Register 92, No. 40).
§919.18. Protection of Ancient Forest Components. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551 and 21160, Public Resources Code. Reference: Sections 4512, 4513 and 21001, Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744 (Sept. 23, 1991 Rehg. granted Oct. 23, 1991). 
HISTORY

1. New section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer of emergency adoption filed 11-25-91 by operation of Government Code section 11346.1(g) (Register 92, No. 40).
Article 10. Violations of Rules  Prior to Changes
§920. Violations of Rules Prior to Changes.
Note

Amendment, modification, or repeal of rules shall not, unless otherwise provided, bar action on prior violations of rules as they stood at the time of violation.
NOTE

Authority cited for Article 10 (Section 920): Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4583, Public Resources Code. 
Article 11. Coastal Commission Special Treatment Areas
§921. Coastal Commission Special Treatment Areas.
Note     •     History

The purpose of this article is to protect the natural and scenic qualities as reflected in the criteria and objectives for each of the Coastal Commission Special Treatment Areas designated and adopted by the California Coastal Commission on July 5, 1977, while at the same time allowing management and orderly harvesting of timber resources within these areas. In addition to the statutes and other regulations governing timber harvesting, the following practices are required when conducting timber operations in such Special Treatment Areas.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5 and 30417, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37). 
§921.1. Preliminary Field Work and Timber Harvesting Plans.
Note     •     History

(a) The following preliminary field work shall be required in the Coastal Commission Special Treatment Areas and shall be completed prior to submission of the plan to the Director:
(1) When a boundary of a Coastal Commission Special Treatment Area is within or contiguous to a plan area, the boundary shall be clearly identified on the ground by the RPF preparing the plan or supervised designee, with paint, flagging, or other suitable means.
(2) All tractor roads and skid trails that require substantial soil displacement shall be clearly marked on the ground with flagging or other appropriate marking.
(3) The boundary of all sides and areas with visible evidence of slope instability which extend to the watercourse and lake protection zone shall be flagged or otherwise adequately marked on the ground.
(4) The following wildlife consideration shall be followed:
(A) Live trees, as designated on the ground by the Departments of Fish and Game or Forestry or the RPF or supervised designee with visible evidence of current use as nesting sites by hawks, owls, or waterfowl shall not be marked for cutting.
(5) In applying the rules, the RPF shall, when selecting feasible alternatives required by 14 CAC 898, follow the criteria and management objectives used by the Coastal Commission in selecting that area for special treatment. (See Title 14, California Administrative Code, Section 912.)
(b) The following shall be adhered to in submitting plans for Coastal Commission Special Treatment Areas.
(1) Plan maps shall be at a scale of at least 4 inches to the mile (6.3 cm per km).
(2) Plan maps must show the location of and identify the following: All log landings proposed to be used, and all main skid trails, all logging roads, all watercourses, lakes, marshes and boundaries of Coastal Commission Special Treatment Areas within or contiguous to the plan area.
(3) An initial inspection of the area in which timber operations are to be conducted shall be made within 10 days from the date of filing of the plan, or such longer period as may be mutually agreed upon by the Director and the person submitting the plan. The RPF who prepared the plan shall attend the initial inspection. The timber owner and timber operator or their agents should attend the initial inspections.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551.5, 4582 and 30417, Public Resources Code.
HISTORY

1. Amendment filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37).
2. Amendment filed 11-15-85; effective thirtieth day thereafter (Register 85, No. 46).
3. Amendment of subsection (a)(5) filed 7-3-85; effective thirtieth day thereafter (Register 86, No. 27).
4. Amendment of subsections (a)(1) and (a)(4)(A) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
5. Editorial correction of subsection (a) (Register 97, No. 48).
§921.2. Exemptions from Timber Harvesting Plan Requirements.
Note     •     History

To ensure that the protection necessary to maintain the integrity of Coastal Commission Special Treatment Areas is achieved, the following requirements shall apply to the timber operations exempt from filing of Timber Harvesting Plans under 14 CAC 1038.
(a) The requirements of 14 CAC 921.1(a) and (b) shall apply with the exception that, at the discretion of the Director, an initial inspection may not be required. Harvesting of Christmas trees are exempt from timber marking requirements.
(b) The Director shall acknowledge in writing, and within 10 days, acceptance or rejection of the notice of timber operations. Timber operations shall not commence until the Director's acceptance has been received by the person who filed the notice.
(c) The requirements of PRC 4585, Completion Report, and PRC 4587, Stocking Reports, shall apply to exempt operations within the Coastal Commission Special Treatment Areas.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551.5 and 30417, Public Resources Code.
HISTORY

1. New NOTE filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37).
2. Amendment filed 11-15-85; effective thirtieth day thereafter (Register 85, No. 46). 
§921.3. Silvicultural Methods.
Note     •     History

The objective of this Section is to prescribe silvicultural methods that will protect the long-term productivity of soils and timberlands in Coastal Commission Special Treatment Areas and protect the natural and scenic qualities of these areas. The following silvicultural methods as prescribed below will be applied in Coastal Commission Special Treatment Areas. 14 CAC 913 through 913.6, defines these methods.
(a) Commercial Thinning or Selection Methods. When the commercial thinning or the selection silvicultural method is used the following standards are required:
(1) For an initial entry into an even-aged stand, leave a well distributed timber stand after cutting and logging operations have been completed on the cut area at least 40% by number of those trees 18 inches (45.7 cm) and more d.b.h. present prior to commencement of current timber operations and at least 50% by number of those over 12 inches (30.5 cm) d.b.h. but less than 18 inches (45.7 cm) or more d.b.h. All leave trees shall be thrifty coniferous trees which are free from substantial damage caused by timber operations, and leave trees shall have the characteristics of a “countable tree” as described in Section 4528(b). No conifer tree shall be cut which is more than 75 feet (22.86 m) from a leave tree 12 inches (30.5 cm) d.b.h. or larger located within the logging area. Average top stump diameter, outside bark, shall be considered 1 inch (2.5 cm) greater than d.b.h.
(2) For timber stands where more than one age class is present, leave at least 50% by number of those trees over 12 inches d.b.h. Leave trees and established conifer regeneration shall amount to 50% of the pre-existing tree crown canopy cover. All leave trees shall be thrifty coniferous trees which are free from substantial damage caused by timber operations, and leave trees shall have the characteristics of a “countable tree” described in Section 4528(b) Public Resources Code. No conifer tree shall be cut which is more than 75 feet from a 3 point countable tree within the logging area.
(3) A report of stocking as described in PRC 4587 shall be filed within six months following completion of work as described in the plan.
(b) Sanitation-Salvage Method. When the sanitation-salvage silivcultural method is used the following practices are required:
(1) Restrictions on time periods for subsequent timber operations shall not apply to the sanitation-salvage silvicultural method.
(2) A determined effort shall be made to regenerate any cut area during the first planting season following log removal. Necessary site preparation, planting or seeding shall be completed within the first planting season following logging, except where unusual and adverse weather conditions require extending site preparation and planting into the following planting season. Deficiencies in stocking shall be corrected by planting annually at least three times if necessary to meet the stocking standards in 14 CAC 921.4.
(3) Where the result of the cutting would have the effect of a clearcut all of the restrictions in this section pertaining to the use of clearcuts shall apply, except for 1) areas which are currently suffering severe damage due to insects or disease and the removal of the entire affected area is deemed necessary by a forest pathologist or forest entomologist and agreed to by the Director to prevent the spread of the disease or insects, or 2) except for areas which have recently been burned over and the RPF determined recovery of the affected area is unlikely.
(c) Clearcutting Method. The clearcutting method provides for harvesting of the entire existing timber stand in one harvest in an area. Every reasonable effort shall be made by the RPF to use silvicultural methods other than clearcutting to protect the natural and scenic values in the Coastal Commission Special Treatment Areas. The clearcutting method is not authorized for Special Treatment Areas in the Southern Subdistrict of the Coast Forest District.
(1) The clearcutting method may be used when justified and explained in the plan and found in conformance by the Director for one or more of the following reasons:
(A) Leave trees would be subject to severe damage from sunburn, saltburn, and/or windthrow.
(B) Conifer stand improvement necessitates the clearing of a stand of hardwoods.
(C) Leave trees would prevent regeneration of the principal conifer species.
(D) Old growth stands where 70% or more of the countable trees over 36 inches (91.4 cm) d.b.h. are more than 200 years old.
(E) Timber stands where trees are infected with insects or diseases, and there is significant risk for substantial loss of standing timber or timber growth.
(2) Clearcut areas shall not exceed 10 acres (4.047 ha) in size, but may be enlarged to not more than 15 acres (6.070 ha) when explained and justified in the plan, and when found in conformance with the rules of the Board. Exceptions to the 10 acre (4.047 ha) size limit may be proposed by the RPF preparing the plan when in his or her judgment the result will be overall reduction of soil erosion due to logging and road construction, or when it is necessary to include “long corners” to take advantage of topography for a more natural logging unit.
(3) Clearcut areas of 10 acres or larger regardless of ownership shall be separated by a logical logging unit not less than 300 feet (91.44 m) in width between the clearcut areas. Except for the sanitation-salvage, commercial thinning, and selection silvicultural method, no other harvesting shall take place in the unit adjacent to the clearcut areas until a 50% crown cover of conifer tree species has been attained in the clearcut areas. Contiguous clearcuts may occur without regard to ownership only when the total combined acreage in the area clearcut is no more than ten (10) acres.
(4) Straight boundaries and a quadrilateral appearance should be avoided in defining and logging the area to be clearcut. The outline of the clearcut area should, where possible, be in accordance aesthetically with natural pattern and features of the topography.
(5) The area to be clearcut must be clearly defined on the ground prior to initial inspection so the Department can readily determine if the full intent of the regulations will be complied with.
(6) No area previously cut under any other silvicultural method, except the sanitation-salvage method, shall be clearcut until 10 years have elapsed.
(7) Regeneration after clearcutting shall be obtained by using conifer trees or seed appropriate to the site. Site preparation and the planting of seedlings and/or seeding shall be completed within the first planting season following logging except where unusual and adverse weather conditions require extending site preparation and planting into the following planting season. Deficiencies in stocking shall be corrected by planting annually, if necessary. Stocking requirements shall be met within 5 years after completion of timber operations.
(d) Rehabilitation Cutting. Rehabilitation cutting may be applied to stands where the primary forest management objective is to reestablish full conifer stocking on lands where brush and hardwoods are the predominate species. Areas harvested for rehabilitation purposes must be significantly understocked with conifers prior to the proposed harvest. The Director may request that a report of stocking be submitted by the RPF prior to approval of the plan. This report will be requested when it cannot be mutually resolved on the ground that the area is significantly understocked. Restrictions applicable to clearcutting in 14 CAC 921.3(c) shall apply to rehabilitation cutting. Leave trees shall be marked in areas harvested for rehabilitation purposes.
(e) Recutting of Logging Areas. Timber operations for removal of trees may only be repeated on a logging area within less than 10 years after completion of a previous timber operation if minimum stocking standards have been met, the reasons for the operation are justified and explained in the plan, and the scenic and/or natural qualities of a stand would be enhanced by lighter or more frequent tree removal. In no instance shall stocking be reduced below the standards provided in 14 CAC 921.4 nor shall more than 60% by numbers of those trees 18 inches (45.7 cm) and more d.b.h. and no more than 50% by numbers of those trees over 12 inches (30.5 cm) d.b.h. but less than 18 inches (45.7 cm) d.b.h. be removed within any one 10 year period.
On timber operations in which cutting has occurred within 10 years preceding the current operations, stumps which are the result of cutting trees within the preceding 10 years shall be counted as trees cut during the current operation in determining percent of trees cut.
Timber operations conducted under the Sanitation-Salvage Silvicultural Method, and the harvesting of minor forest products and incidental vegetation are exempt from the above provisions of this Section.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551.5, 4561 and 30417, Public Resources Code.
HISTORY

1. Amendment filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37).
2. Amendment filed 11-15-85; effective thirtieth day thereafter (Register 85, No. 46). 
§921.4. Stocking Requirements.
Note     •     History

The stocking standards for understocked timberlands and substantially damaged timberlands as provided for by 14 CAC 1080 through 1081.1 and 1085 through 1085.6 are not applicable in Coastal Commission Special Treatment Areas in the Coast Forest District. After completion of timber operations one of the following stocking standards must be met:
(a) Basal Area. The average residual basal area, measured in stems 1 inch (2.5 cm) or larger in diameter at least 125 square feet per acre (28.69 m2 per ha) on Site I lands, at least 100 square feet per acre (22.96 m2 per ha) on Site II and Site III lands and at least 75 square feet per acre (17.22 m2 per ha) on Site IV and V lands, or
(b) Point Count. The area contains an average point count as specified below:
(1) On Site I and II lands, the area contains an average point count of 450 per acre (1111.9 per ha) to be computed as follows:
(A) 450 countable trees per acre (1111.9 per ha) not more than 4 inches (10.2 cm) d.b.h.; each tree to count as 1 towards meeting stocking requirements.
(B) 150 countable trees per acre (370.6 per ha) over 4 inches (10.2 cm) d.b.h. and not more than 12 inches (30.5 cm) d.b.h.; each tree to count as 3 toward meeting stocking requirements.
(C) 75 countable trees per acre (185.3 per ha) over 12 inches (30.5 cm) d.b.h.; each tree to count as 6 toward meeting stocking requirements.
(2) On Site III, IV, and V lands the area contains an average point count of 300 per acre (741.3 per ha) to be computed as follows:
(A) 300 countable trees per acre (741.3 per ha) not more than 4 inches (10.2 cm) d.b.h.; each tree to count as 1 toward meeting stocking requirements.
(B) 100 countable trees per acre (247.1 per ha) over 4 inches (10.2 cm) d.b.h. and not more than 12 inches (30.5 cm) d.b.h.; each tree to count as 3 toward meeting stocking requirements.
(C) 50 countable trees per acre (123.5 per ha) over 12 inches (30.5 cm) d.b.h.; each tree to count as 6 toward meeting stocking requirements.
Redwood root crown sprouts will be counted using the average stump diameter 1 foot (.305 m) above average ground level of the original stump from which the redwood root crown sprouts originate, counting 1 sprout for each 1 foot (.305 m) of stump diameter to a maximum of 6 per stump.
Site classification shall be determined by the RPF who prepared the plan.
Rock outcroppings, meadows, wet areas, or other areas not normally bearing timber shall not be considered as requiring stocking and are exempt from such provisions.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5 and 30417, Public Resources Code.
HISTORY

1. Amendment filed 8-10-83; effective thirtieth day thereafter (Register 83, No. 37). 
§921.5. Logging Practices.
Note     •     History

The following logging practices shall be adhered to:
(a) Tractor Logging. Tractor logging and tractor preparation of tree layouts shall not be permitted on slopes averaging over 50% where the Erosion Hazard Rating is high or extreme and 60% where the Erosion Hazard Rating is low or moderate, unless it can be shown from past experience on the ground that tractor logging or other types of skidding equipment will cause less disturbance than would result from a feasible alternative method.
(b) Roads. Rules contained in 14 CAC 923.2 through subsection (f) shall be adhered to with the following special requirements.
(1) Roads shall be single lane, not to exceed 16 feet in width and generally the traveled surface shall be no more than 12 feet (3.67 m) in width, except where alignment, safety, and equipment necessary to conduct the operation requires additional width. Deviations shall be explained and justified in the plan.
(2) Waste organic material such as uprooted stumps, cull logs, accumulations of limbs and branches, or nonmerchantable trees shall not be buried in the main body of road fills. Such solid waste material may be used to secure the toe of a fill. Except for prepared crossings, including necessary approaches, sidecast or fill material shall not be placed in the watercourse protection zone unless explained in the plan.
(3) Roads shall not be constructed through slide areas or areas with visible evidence of slope instability unless the alignment is the best available alternative and special design features are incorporated in the plan. There shall be provisions in the plan to maintain the design features or provisions to maintain or improve the stability of the area after completion of road use.
(4) Roads, landings, cuts and fills shall be screened from direct view to the extent feasible by leaving screen trees and other vegetation between the disturbed areas and public areas utilized by substantial numbers of viewers.
(c) Soil disturbance, other than that incident to necessary road maintenance, whether with tractor or by cable means, shall not occur under excessively wet ground conditions that could result in substantial soil compaction and erosion.
(d) Notwithstanding the requirements of 14 CCR 1040, if in construction, rock outcroppings, springs and other physical factors require a change in roads, landings and skid trail location, the location can be changed with the concurrence of an RPF, the operator and the Director's representative provided that such changes in location constitute minor deviations; that RPF shall provide written confirmation of such minor deviations which shall become a part of the plan. All changes in location constituting substantial deviations shall be submitted to the Director as amendments to the plan.
(e) Felling Practices. Up to 10% of the trees that are proposed for cutting may be substituted 1 for 1 with those proposed to be left uncut provided that the leave tree proportion, size class, distribution and general forest appearance of the residual stand as approved in the preliminary field work is preserved.
Justification for the substitution standard shall be based on unavoidable tree damage, safety factors, lean of trees, location of obstructions or roads or openings insufficient to accommodate felled trees.
NOTE

Authority cited: Sections 4551 and 4562.5, Public Resources Code. Reference: Sections 4551.5, 4562.5, 4562.7 and 30417, Public Resources Code.
HISTORY

1. Amendment filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37).
2. Amendment of subsections (a) and (b) filed 11-15-85; effective thirtieth day thereafter (Register 85, No. 46). 
3. Amendment of subsection (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§921.6. Hazard Reduction.
Note     •     History

(a) Lopping. Except in the southern subdistrict, to reduce fire hazards, maintain soil fertility, reduce erosion, and improve visual appearance, all slash and debris created by the current operations and within 300 feet of public roads and watercourses open to the public shall be lopped and scattered, chipped, or crushed, prior to April 1st of the year following its creation, so that no material generally remains more than 30 inches (76.2 cm) above the ground.
As an exception to the above requirements after creation of slash and debris, the RPF may propose and, with the concurrence of the Director's representative, delete those areas within 300 feet not visible from roads or watercourses when such requirements are not necessary to reduce fire hazards, to maintain soil fertility, to reduce erosion and to improve visual appearance.
(b) Burning. Broadcast burning shall be prohibited on lands harvested under the commercial thinning and selection silvicultural methods in Coastal Zone Special Treatment Areas. Broadcast burning may be allowed for site preparation purposes in accordance with 14 CAC 917.4 on lands harvested under the clearcut, rehabilitation or sanitation-salvage methods when a prescribed burning plan is submitted as part of the Timber Harvesting Plan which explains and justifies broadcast burning in the Coastal Commission Special Treatment Areas. A determined effort shall be made to protect the surface organic horizon of the soil during the course of any permitted broadcast burning operations.
(c) Snags. All snags within the Watercourse and Lake Protection Zone and within 100 feet (30.48 m) of meadow edges shall be left standing with the following exceptions:
(1) When felling is required for fire or safety reasons, as specified by the rules or CAL-OSHA regulations, or when necessary in sanitation-salvage operations.
(2) When a snag of commercial value is marked for felling by an RPF or supervised designee after an initial preharvest inspection and consultation with the Department of Fish and Game and the timber owner.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 451.5, 4562 and 30417, Public Resources Code.
HISTORY

1. Amendment filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37). 
2. Amendment of subsection (c) filed 8-7-95; operative 8-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 32).
3. Amendment of subsection (c)(2) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§921.7. Watercourse and Lake Protection.
Note     •     History

Watercourse and lakeside vegetation shall be protected and remain standing to the degree necessary to protect scenic and natural qualities and protect the beneficial uses of water. In addition to the requirements of 14 CAC 916 through 916.9, Coastal Commission Special Treatment Area Watercourse and Lake Protection Zones adjacent to clearcuts or rehabilitation cutting shall be at least 150 feet on each side of Class I or II waters.
NOTE

Authority cited: Sections 4551, 4553 and 4562.7, Public Resources Code. Reference: Sections 4551.5, 4562.7 and 30417, Public Resources Code.
HISTORY

1. Amendment filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37).
2. Amendment filed 11-15-85; effective thirtieth day thereafter (Register 85, No. 46). 
§921.8. Buffer Zones Within the Coastal Zone.

The following additional rules shall apply to buffer zones within Coastal Scenic View Corridors and adjacent to publicly owned preserves and recreation areas as defined and/or designated by the Coastal Commission on July 5, 1977.
The buffer zone adjacent to designated Coastal highways shall be a 200 foot (60.96 m) wide band running parallel to the first line of trees nearest the road on appropriate side(s) of the road as designated. In no place shall the buffer zone extend more than 350 feet (106.68 m) from the shoulder of the road. The buffer zone also shall include those forested areas within the Coastal Zone within 200 feet (60.96 m) of all publicly owned preserves and recreation areas including national, state, regional, county, and municipal parks. Said distances shall be measured along the surface of the ground.
(a) The clear-cutting or rehabilitation silvicultural method is prohibited within the designated buffer zones, and a well distributed stand of trees shall be left within said buffer zones upon completion of timber operations, except under exceptional circumstances. Such exceptions shall be explained and justified in the plan and found in conformance by the Director when the proposed exceptions conform to the goals outlined in 14 CAC 921.
(b) Logging roads, tractor roads, and skid trails and landings shall be screened from direct view to the extent feasible by leaving trees and vegetation between the disturbed area and public areas where the disturbance would be visible to substantial numbers of viewers. 
§921.9. Alternatives.
Note     •     History

The RPF may propose alternatives to the requirements of this article on a site specific basis. The RPF must explain and justify the proposed alternative in the THP. Alternative measures stated in the plan shall be so written as to provide clear, enforceable standards for the guidance of the timber operator. The Director may approve such alternatives provided the alternative practice will achieve equal protection for each of the goals of Section 921 and protection at least equal to that which would result from using measures stated in Section 921.1-921.8. The Director shall not accept for inclusion in a THP any alternative practice as described in this section where two or more agencies listed in 4582.6 of the PRC and 14 CAC 1037.3 have submitted written comments which lead to the Director's conclusion that the proposed alternative will not meet the intent of the Act and rules and the agencies participated in the review of the plan, including any on-the-ground inspection.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551.5 and 30417, Public Resources Code.
HISTORY

1. New section filed 11-15-85; effective thirtieth day thereafter (Register 85, No. 46). 
Article 12. Logging Roads and Landings
§923. Logging Roads and Landings.
Note     •     History

All logging roads and landings in the logging area shall be planned, located, constructed, reconstructed, used, and maintained in a manner which: is consistent with long-term enhancement and maintenance of the forest resource; best accommodates appropriate yarding systems and economic feasibility; minimizes damage to soil resources and fish and wildlife habitat; and prevents degradation of the quality and beneficial uses of water. The provisions of this article shall be applied in a manner which complies with this standard. 
Factors that shall be considered when selecting feasible alternatives (see 14 CCR 897 and 898) shall include, but are not limited to, the following:
(a) Use of existing roads whenever feasible.
(b) Use of systematic road layout patterns to minimize total mileage.
(c) Planned to fit topography to minimize disturbance to the natural features of the site.
(d) Avoidance of routes near the bottoms of steep and narrow canyons, through marshes and wet meadows, on unstable areas, and near watercourses or near existing nesting sites of threatened or endangered bird species.
(e) Minimization of the number of watercourse crossings.
(f) Location of roads on natural benches, flatter slopes and areas of stable soils to minimize effects on watercourses.
(g) Use of logging systems which will reduce excavation or placement of fills on unstable areas.
NOTE

Authority cited: Sections 4551, 4551.5, 4553 and 4562.5, Public Resources Code. Reference: Sections 4512, 4551.5, 4562.5 and 4562.7, Public Resources Code; California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Amendment filed 7-3-86; effective thirtieth day thereafter (Register 86, No. 27).
2. Amendment of first paragraph and subsections (d) and (g) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
§923.1. Planning for Roads and Landings.
Note     •     History

The following standards for logging roads and landings shall be adhered to:
(a) All logging roads shall be located and classified on the THP map as permanent, seasonal, or temporary. Road failures on existing roads which will be reconstructed shall also be located on the THP map. In addition to the requirements of 14 CCR 1034(v), the probable location of those landings which require substantial excavation or which exceed one quarter acre in size, shall be shown on the THP map.
(b) New logging roads shall be planned in accordance with their classification and maintenance requirements.
(c) Logging roads and landings shall be planned and located, when feasible, to avoid unstable areas. The Director shall approve an exception if those areas are unavoidable, and site-specific measures to minimize slope instability due to construction are described and justified in the THP. 
(d) Where roads and landings will be located across 100 feet or more of lineal distance on any slopes over 65% or on slopes over 50% which are within 100 feet of the boundary of a WLPZ, measures to minimize movement of soil and the discharge of concentrated surface runoff shall be incorporated in the THP. The Director may waive inclusion of such measures where the RPF can show that slope depressions, drainage ways, and other natural retention and detention features are sufficient to control overland transport of eroded material. The Director may require end-hauling of material from areas within 100 feet of the boundary of a WLPZ to a stable location if end-hauling is feasible and is necessary to protect water quality. The Director shall require maintenance provisions in the THP for drainage structures and facilities provided that such maintenance is feasible and necessary to keep roadbeds and fills stable.
(e) New logging roads shall not exceed a grade of 15% except that pitches of up to 20% shall be allowed not to exceed 500 continuous feet (152.4 m). These percentages and distances may be exceeded only where it can be explained and justified in the THP that there is no other feasible access for harvesting of timber or where in the Northern or Southern Districts use of a gradient in excess of 20% will serve to reduce soil disturbance.
(f) Roads and landings shall be planned so that an adequate number of drainage facilities and structures are installed to minimize erosions on roadbeds, landing surfaces, sidecast and fills.
(g) Unless exceptions are explained and justified in the THP, general planning requirements for roads shall include:
(1) Logging roads shall be planned to a single-lane width compatible with the largest type of equipment used in the harvesting operation with turnouts at reasonable intervals.
(2) Roads shall be planned to achieve as close a balance between cut volume and fill volume as is feasible.
(3) When roads must be planned so that they are insloped and ditched on the uphill side, drainage shall be provided by use of an adequate number of ditch drains.
(h) Road construction shall be planned to stay out of Watercourse and Lake Protection Zones. When it is a better alternative for protection of water quality or other forest resources, or when such roads are the only feasible access to timber, exceptions may be explained and justified in the THP and shall be agreed to by the Director if they meet the requirements of this subsection.
(i) The location of all logging roads to be constructed shall be flagged or otherwise identified on the ground before submission of a THP or major amendment. Exceptions may be explained and justified in the THP and agreed to by the Director if flagging is unnecessary as a substantial aid to examining (1) compatibility between road location and yarding and silvicultural systems, or (2) possible significant adverse effects of road location on water quality, soil productivity, wildlife habitat, or other special features of the area.
(j) If logging roads will be used from the period of October 15 to May 1, hauling shall not occur when saturated soil conditions exist on the road that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551 and 4551.5, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Amendment of subsections (a), (c) and (d) filed 2-11-91; operative 2-13-91 (Register 91, No. 14).
2. New subsection (j) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
3. Amendment of subsection (j) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§923.2. Road Construction.
Note     •     History

Logging roads shall be constructed or reconstructed in accordance with the following requirements or as proposed by the RPF, justified in the THP, and found by the Director to be in conformance with the requirements of this Article.
(a) Logging roads shall be constructed in accordance with the approved THP. If a change in designation of road classification is subsequently made, the change shall be reported in accordance with 14 CCR 1039 or 1040, as appropriate.
(b) Where a road section which is greater than 100 feet in length crosses slopes greater than 65 percent, placement of fill is prohibited and placement of sidecast shall be minimized to the degree feasible. The Director may approve an exception where site specific measures to minimize slope instability, soil erosion, and the discharge of concentrated surface runoff are described and justified in the THP.
(c) On slopes greater than 50 percent, where the length of road section is greater than 100 feet, and the road is more than 15 feet wide (as measured from the base of the cut slope to the outside of the berm or shoulder of the road) and the fill is more than 4 feet in vertical height at the road shoulder for the entire 100 feet the road shall be constructed on a bench that is excavated at the proposed toe of the compacted fill and the fill shall be compacted. The Director may approve exceptions to this requirement where on a site-specific basis if the RPF has described and justified an alternative practice that will provide equal protection to water quality and prevention of soil erosion.
(d) Fills, including through fills across watercourses shall be constructed in a manner to minimize erosion of fill slopes using techniques such as insloping through-fill approaches, waterbars, berms, rock armoring of fill slopes, or other suitable methods.
(e) Through fills shall be constructed in approximately one foot lifts.
(f) On slopes greater than 35 percent, the organic layer of the soil shall be substantially disturbed or removed prior to fill placement. The RPF may propose an exception in the THP and the Director may approve the exception where it is justified that the fill will be stabilized.
(g) Excess material from road construction and reconstruction shall be deposited and stabilized in a manner or in areas where downstream beneficial uses of water will not be adversely affected.
(h) Drainage structures and facilities shall be of sufficient size, number and location to carry runoff water off of roadbeds, landings and fill slopes. Drainage structures or facilities shall be installed so as to minimize erosion, to ensure proper functioning, and to maintain or restore the natural drainage pattern. Permanent watercourse crossings and associated fills and approaches shall be constructed where feasible to prevent diversion of stream overflow down the road and to minimize fill erosion should the drainage structure become plugged.
(i) Where there is evidence that soil and other debris is likely to significantly reduce culvert capacity below design flow, oversize culverts, trash racks, or similar devices shall be installed in a manner that minimizes culvert blockage.
(j) Waste organic material, such as uprooted stumps, cull logs, accumulations of limbs and branches, and unmerchantable trees, shall not be buried in road fills. Wood debris or cull logs and chunks may be placed and stabilized at the toe of fills to restrain excavated soil from moving downslope.
(k) Logging roads shall be constructed without overhanging banks.
(l) Any tree over 12 inches (30.5 cm) d.b.h. with more than 25 percent of the root surface exposed by road construction, shall be felled concurrently with the timber operations.
(m) Sidecast or fill material extending more than 20 feet (6.1 m) in slope distance from the outside edge of the roadbed which has access to a watercourse or lake which is protected by a WLPZ shall be seeded, planted, mulched, removed, or treated as specified in the THP, to adequately reduce soil erosion.
(n) All culverts at watercourse crossings in which water is flowing at the time of installation shall be installed with their necessary protective structures concurrently with the construction and reconstruction of logging roads. Other permanent drainage structures shall be installed no later than October 15. For construction and reconstruction of roads after October 15, drainage structures shall be installed concurrently with the activity.
(o) Drainage structures and drainage facilities on logging roads shall not discharge on erodible fill or other erodible material unless suitable energy dissipators are used. Energy dissipators suitable for use with waterbreaks are described in 14 CCR 914.6(f).
(p) Where roads do not have permanent and adequate drainage, the specifications of section 914.6 shall be followed.
(q) Drainage facilities shall be in place and functional by October 15. An exception is that waterbreaks do not need to be constructed on roads in use after October 15 provided that all such waterbreaks are installed prior to the start of rain that generates overland flow.
(r) No road construction shall occur under saturated soil conditions that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements, except that construction may occur on isolated wet spots arising from localized ground water such as springs, provided measures are taken to prevent material from significantly damaging water quality.
(s) Completed road construction shall be drained by outsloping, waterbreaks and/or cross-draining before October 15. If road construction takes place from October 15 to May 1, roads shall be adequately drained concurrent with construction operations.
(t) Roads to be used for log hauling during the winter period shall be, where necessary, surfaced with rock in depth and quantity sufficient to maintain a stable road surface that does not produce sediment in quantities that may cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or would violate Water Quality Requirements throughout the period of use. Exceptions may be proposed by the RPF, justified in the THP, and found by the Director to be in conformance with the requirements of this subsection.
(u) Slash and other debris from road construction shall not be bunched against residual trees which are required for silvicultural or wildlife purposes, nor shall it be placed in locations where it could be discharged into Class I or II watercourses.
(v) Road construction activities in the WLPZ, except for stream crossings or as specified in the THP, shall be prohibited.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b); Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Amendment of first paragraph and subsections (a), (b), (h), (m), (n), (o), (q) and (v), and new subsections (c), (f), (i), and renumbering filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
2. Amendment of subsection (c) and Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
3. Amendment of subsection (s) filed 12-1-98; operative 1-1-99 (Register 98, No. 49).
4. Amendment of subsections (r) and (t) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§923.3. Watercourse Crossings.
Note     •     History

Watercourse crossing drainage structures on logging roads shall be planned, constructed, reconstructed, and maintained or removed, according to the following standards. Exceptions may be provided through application of Fish and Game Code Sections 1600 et seq. and shall be included in the THP. 
(a) The location of all new permanent watercourse crossing drainage structures and temporary crossings located within the WLPZ shall be shown on the THP map. If the structure is a culvert intended for permanent use, the minimum diameter of the culvert shall be specified in the plan. 
(b) The number of crossings shall be kept to a feasible minimum. 
(c) Drainage structures on watercourses that support fish shall allow for unrestricted passage of all life stages of fish that may be present, and shall be fully described in the plan in sufficient clarity and detail to allow evaluation by the review team and the public, provide direction to the LTO for implementation, and provide enforceable standards for the inspector. 
(d) When watercourse crossings, other drainage structures, and associated fills are removed the following standards shall apply: 
(1) Fills shall be excavated to form a channel that is as close as feasible to the natural watercourse grade and orientation, and that is wider than the natural channel. 
(2) The excavated material and any resulting cut bank shall be sloped back from the channel and stabilized to prevent slumping and to minimize soil erosion. Where needed, this material shall be stabilized by seeding, mulching, rock armoring, or other suitable treatment. 
(e) All permanent watercourse crossings that are constructed or reconstructed shall accommodate the estimated 100-year flood flow, including debris and sediment loads. 
(f) Watercourse crossings and associated fills and approaches shall be constructed or maintained to prevent diversion of stream overflow down the road and to minimize fill erosion should the drainage structure become obstructed. The RPF may propose an exception where explained in the THP and shown on the THP map and justified how the protection provided by the proposed practice is at least equal to the protection provided by the standard rule.
(g) All new permanent culverts on Class I watercourses, where fish are always or seasonally present or where fish habitat is restorable, shall be planned, designed and constructed to allow upstream and downstream passage of fish or listed aquatic species during any life stage and for the natural movement of bedload to form a continuous bed through the culvert and shall require an analysis and specifications demonstrating conformance with the intent of this section and subsection. 
NOTE

Authority cited: Sections 4551, 4551.5 and 21004, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 40 CFR 130.2(q); and California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172. 
HISTORY

1. New subsection (d) filed 12-20-89; operative 2-1-90 (Register 90, No. 3). 
2. Amendment of subsection (a) and new subsection (e) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
3. Amendment of first paragraph and subsections (c) and (d)(1), new subsections (e), (g) and (h), subsection relettering, and amendment of Note filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
4. Amendment of subsection (h) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
5. Amendment of subsection (h) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
6. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
7. Amendment of subsection (h) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
8. Amendment of subsection (h) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
9. Amendment of subsection (h) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
10. Amendment of subsection (h) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
11. Amendment of first paragraph and subsections (a), (f) and (g) and repealer of subsection (h) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§923.4. Road Maintenance.
Note     •     History

Logging roads, landings, and associated drainage structures used in a timber operation shall be maintained in a manner which minimizes concentration of runoff, soil erosion, and slope instability and which prevents degradation of the quality and beneficial uses of water during timber operations and throughout the prescribed maintenance period. In addition those roads which are used in connection with stocking activities shall be maintained throughout their use even if this is beyond the prescribed maintenance period.
(a) The prescribed maintenance period for erosion controls on permanent and seasonal roads and associated landings and drainage structures which are not abandoned in accordance with 14 CCR 923.8 shall be at least one year. The Director may prescribe a maintenance period extending up to three years in accordance with 14 CCR 1050.
(b) Upon completion of timber operations, temporary roads and associated landings shall be abandoned in accordance with 14 CCR 923.8.
(c) Waterbreaks shall be maintained as specified in 14 CCR 914.6.
(d) Unless partially blocked to create a temporary water source, watercourse crossing facilities and drainage structures, where feasible, shall be kept open to the unrestricted passage of water. Where needed, trash racks or similar devices shall be installed at culvert inlets in a manner which minimizes culvert blockage. Temporary blockages shall be removed by November 15.
(e) Before the beginning of the winter period, all roadside berms shall be removed from logging roads or breached, except where needed to facilitate erosion control.
(f) Drainage structures, if not adequate to carry water from the fifty-year flood level, shall be removed in accordance with 14 CCR 923.3(d) by the first day of the winter period, before the flow of water exceeds their capacity if operations are conducted during the winter period, or by the end of timber operations whichever occurs first. Properly functioning drainage structures on roads that existed before timber operations need not be removed. An RPF may utilize an alternative practice, such as breaching of fill, if the practice is approved by the Director as providing greater or equal protection to water quality as removal of the drainage structure.
(g) Temporary roads shall be blocked or otherwise closed to normal vehicular traffic before the winter period.
(h) During timber operations, road running surfaces in the logging area shall be treated as necessary to prevent excessive loss of road surface materials by, but not limited to, rocking, watering, chemically treating, asphalting or oiling.
(i) Soil stabilization treatments on road or landing cuts, fills, or sidecast shall be installed or renewed,when such treatment could minimize surface erosion which threatens the beneficial uses of water.
(j) Drainage ditches shall be maintained to allow free flow of water and to minimize soil erosion.
(k) Action shall be taken to prevent failures of cut, fill, or sidecase slopes from discharging materials into watercourses or lakes in quantities deleterious to the quality or beneficial uses of water.
(l) Each drainage structure and any appurtenant trash rack shall be maintained and repaired as needed to prevent blockage and to provide adequate carrying capacity. Where not present, new trash racks shall be installed if there is evidence that woody debris is likely to significantly reduce flow through a drainage structure.
(m) Inlet and outlet structures, additional drainage structures (including ditch drains) and other features to provide adequate capacity and to minimize erosion of road and landing fill and sidecast to minimize soil erosion and to minimize slope instability shall be repaired, replaced, or installed wherever such maintenance is needed to protect the quality and beneficial uses of water.
(n) Permanent watercourse crossings and associated approaches shall be maintained to prevent diversion of stream overflow down the road should the drainage structure become plugged. Corrective action shall be taken before the completion of timber operations or the drainage structure shall be removed in accordance with 14 CCR section 923.3 (d).
(o) Except for emergencies and maintenance needed to protect water quality, use of heavy equipment for maintenance is prohibited during wet weather where roads or landings are within a WLPZ. 
(p) The Director may approve an exception to a requirement set forth in subsections (b) through (o) above when such exceptions are explained and justified in the THP and the exception would provide for the protection of the beneficial uses of water or control erosion to a standard at least equal to that which would result from the application of the standard rule.
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4561.7, and 4562.9, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b); Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Amendment filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
2. Amendment of subsections (c), (d), (m) and (o) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
3. Amendment of subsection (h) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
4. Amendment of subsection (f) and Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§923.5. Landing Construction.
Note     •     History

Landings shall be constructed according to the following standards:
(a) On slopes greater than 65 percent, no fill shall be placed and sidecast shall be minimized to the degree feasible. The Director may approve an exception if, site specific measures to minimize slope instability, soil erosion, and discharge of concentrated surface runoff are described and justified in the THP.
(b) On slopes greater than 50 percent, fills greater than 4 feet in vertical height at the outside shoulder of the landing shall be: 
(1) constructed on a bench that is excavated at the proposed toe of the fill and is wide enough to compact the first lift, and 
(2) compacted in approximately 1 foot lift from the toe to the finished grade. The RPF or supervised designee shall flag the location of this bench or the RPF shall provide a description of the bench location (narrative or drawing) in the THP for fills meeting the above criteria, where the length of landing section is greater than 100 feet. The RPF may propose an exception in the THP and the Director may approve the exception where it is justified that the landing will be stabilized.
(c) Waste organic material, such as uprooted stumps, cull logs, accumulations of limbs and branches, or unmerchantable trees, shall not be buried in landing fills. Wood debris or cull logs and chunks may be placed and stabilized at the toe of landing fills to restrain excavated soil from moving downslope.
(d) Constructed landings shall be the minimum in width, size, and number consistent with the yarding and loading system to be used. Landings shall be no larger than one-half acre (.202 ha) unless explained and justified in the THP.
(e) No landing construction shall occur under saturated soil conditions that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements.
(f) The following specifications shall be met upon completion of timber operations for the year or prior to October 15, whichever occurs first:
(1) Overhanging or unstable concentrations of slash, woody debris and soil along the downslope edge or face of the landings shall be removed or stabilized when they are located on slopes over 65 percent or on slopes over 50 percent within 100 feet of a WLPZ. 
(2) Any obstructed ditches and culverts shall be cleaned.
(3) Landings shall be sloped or ditched to prevent water from accumulating on the landings. Discharge points shall be located and designed to reduce erosion. 
(4) Sidecast or fill material extending more than 20 feet in slope distance from the outside edge of the landing and which has access to a watercourse or lake shall be seeded, planted, mulched, removed or treated as specified in the THP to adequately reduce soil erosion.
(5) Sidecast or fill material extending across a watercourse shall be removed in accordance with standards for watercourse crossing removal set forth in 14 CCR 923.3(d).
(g) On slopes greater than 35 percent, the organic layer of the soil shall substantially removed prior to fill placement.
(h) When landings are constructed after October 15 they shall be adequately drained concurrent with construction operations and shall meet the requirements of (f)(1) through (f)(4) of this subsection upon completion of operations at that landing.
(i) The RPF may propose and the Director may approve waiver of requirements in (f)(1) through (f)(4) of this subsection if the Director finds they are not necessary to minimize erosion or prevent damage to downstream beneficial uses. The Director may also approve an exception to the October 15th date for treatment of slash and debris, including the practice of burning.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Deletion of former subsection (a); addition of new subsections (a), (b), (f)(5) and (i); amendment of subsections (f)(1), (f)(3), (f)(4), (h) and (i); and renumbering filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
2. Amendment of subsection (b) and Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
3. Amendment of subsection (e) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§923.6. Conduct of Operations on Roads and Landings.
Note     •     History

Routine use and maintenance of roads and landings shall not take place when, due to general wet conditions, equipment cannot operate under its own power. Operations may take place when roads and landings are generally firm and easily passable or during hard frozen conditions. Isolated wet spots on these roads or landings shall be rocked or otherwise treated to permit passage. However, operations and maintenance shall not occur when sediment discharged from landings or roads will reach watercourses or lakes in amounts deleterious to the quality and beneficial uses of water.
This section shall not be construed to prohibit activities undertaken to protect the road or to reduce erosion.
NOTE

Authority cited: Sections 4551, 4551.5, 4453, and 4562.9, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Amendment filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
2. Amendment filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
§923.7. Licensed Timber Operator Responsibility for Roads and Landings.
Note

The licensed timber operator who is responsible for the implementation or execution of the plan shall not be responsible for the construction and maintenance of roads and landings, unless the licensed timber operator is employed for that purpose.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4512 and 4513, Public Resources Code. 
§923.8. Planned Abandonment of Roads, Watercourse Crossings, and Landings.
Note     •     History

Abandonment of roads, watercourse crossings and landings shall be planned and conducted in a manner which provides for permanent maintenance-free drainage, minimizes concentration of runoff, soil erosion and slope instability, prevents unnecessary damage to soil resources, promotes regeneration, and protects the quality and beneficial uses of water. General abandonment procedures shall be applied in a manner which satisfies this standard and include the following: 
(a) Blockage of roads so that standard production four wheel-drive highway vehicles cannot pass the point of closure at the time of abandonment. 
(b) Stabilization of exposed soil on cuts, fills, or sidecast where deleterious quantities of eroded surface soils may be transported into a watercourse. 
(c) Grading or shaping of road and landing surfaces to provide dispersal of water flow. 
(d) Pulling or shaping of fills or sidecast where necessary to prevent discharge of materials into watercourses due to failure of cuts, fills, or sidecast. 
(e) Removal of watercourse crossings, other drainage structures, and associated fills in accordance with 14 CCR 923.3 (d). Where it is not feasible to remove drainage structures and associated fills, the fill shall be excavated to provide an overflow channel which will minimize erosion of fill and prevent diversion of overflow along the road should the drainage structure become plugged. 
The Director may approve an exception to a requirement set forth in (b) through (e) above when such exceptions are explained and justified in the THP and the exception would provide for the protection of the beneficial uses of water or control erosion to a standard at least equal to that which would result from the application of the standard rule. 
NOTE

Authority cited: Sections 4551, 4551.5, 4562.7 and 4562.9, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.7 and 4562.9, Public Resources Code. 
HISTORY

1. New section filed 12-20-89; operative 2-1-90 (Register 90, No. 3). 
§923.9. Roads and Landings in Watersheds with Listed Anadromous Salmonids.
Note     •     History

In addition to all other district Forest Practice Rules, the following requirements shall apply in any planning watershed with listed anadromous salmonids:
[Effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective] In addition to all other district Forest Practice Rules, the following requirements shall apply in any planning watershed with threatened or impaired values, except in watersheds with coho salmon. In watersheds with coho salmon, the standards listed under 923.9.1 and 923.9.2 shall apply: 
(a) Where logging road or landing construction or reconstruction is proposed, the plan shall state the location of, and specifications for, logging road or landing abandonment or other mitigation measures to minimize the adverse effects of long-term site occupancy of the transportation system within the watershed. 
(b) Unless prohibited by existing contracts with the U.S.D.A. Forest Service or other federal agency, new and reconstructed logging roads shall be no wider than a single-lane compatible with the largest type of equipment specified for use on the road, with adequate turnouts provided as required for safety. The maximum width of these roads shall be specified in the plan. These roads shall be outsloped where feasible and drained with water breaks or rolling dips (where the road grade is inclined at 7 percent or less), in conformance with other applicable Forest Practice Rules. 
(c) The following shall apply on slopes greater than 50% that have access to a watercourse or lake:
(1) Specific provisions of construction shall be identified and described for all new roads. 
(2) Where cutbank stability is not an issue, roads may be constructed as a full-benched cut (no fill). Spoils not utilized in road construction shall be disposed of in stable areas with less than 30 percent slope and outside of any WLPZ, EEZ, or ELZ  designated for watercourse or lake protection. The Director, with concurrence from other responsible agencies, may waive inclusion of these measures where the RPF can show that slope depressions and other natural retention and detentions feature are sufficient to controls overland transport of eroded material.
(3) Logging roads may be constructed with balanced cuts and fills: if 
(A) properly engineered, or 
(B) fills are removed and the slopes recontoured prior to the winter period.
(d) In addition to the provisions listed under 14 CCR §923.1, subsection (e), all permanent or seasonal logging roads with a grade of 15% or greater that extends 500 continuous feet or more shall have specific erosion control measures stated in the plan. 
(e) Where logging road networks are remote or are located where the landscape is unstable, where crossing fills over culverts are large, or where logging road watercourse crossing drainage structures and erosion control features historically have a high failure rate, drainage structures and erosion control features shall be oversized, designed for low maintenance, reinforced, or removed before the completion of the timber operation. The method of analysis and the design for crossing protection shall be included in the plan. 
(f) Except when expressly required by 14 CCR §923.9, subsections (f)(1)-(5) below, the provisions of 14 CCR 923.9 shall not apply to a plan that is subject to:
(1) a valid incidental take permit issued by DFG pursuant to Section 2081(b) of the Fish and Game Code that addresses anadromous salmonid protection; or
(2) a federal incidental take statement or incidental take permit that addresses anadromous salmonid protection, for which a consistency determination has been made pursuant to Section 2080.1 of the Fish and Game Code; or
(3) a valid natural community conservation plan that addresses anadromous salmonid protection approved by DFG under section 2835 of the Fish and Game Code; or
(4) a valid Habitat Conservation Plan that addresses anadromous salmonid protection, approved under Section 10 of the federal Endangered Species Act of 1973; or
(5) project revisions, guidelines, or take avoidance measures pursuant to a memorandum of understanding or a planning agreement entered into between the plan submitter and DFG in preparation of obtaining a natural community conservation plan that addresses anadromous salmonid protection. 
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; and Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App. 3d 959, 131 Cal.Rptr. 172.
HISTORY

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
2. Amendment of subsection (g) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsection (g) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsection (g) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (g) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsection (g) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
8. Amendment of first paragraph filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
9. Amendment of subsection (g) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
10. Amendment of section heading and section filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
11. Change without regulatory effect amending introductory paragraph filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
§923.9.1. Measures for Roads and Landings in Watersheds with Coho Salmon.
Note     •     History

In addition to all other district Forest Practice Rules, the regulations in 14 CCR §§923.3 and 923.9 as amended and effective on January 1, 2010 shall apply in any planning watershed with coho salmon.
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 amd 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; and Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App. 3d 959, 131 Cal.Rptr. 172.
HISTORY

1. New section filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
2. Amendment filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§923.9.2. Measures to Facilitate Incidental Take Authorization in Watersheds with Coho Salmon. [Effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective] [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; and Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App. 3d 959, 131 Cal.Rptr. 172.
HISTORY

1. New section filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
2. Change without regulatory effect repealing section filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
Article 13. County Rules
§924. County Rules Within the Southern Subdistrict of the Coast Forest District.
Note     •     History

In lieu of 14 CAC 1032.7 subsections (c), (e), (f), (g), and (h)(1) and 1037, the rules contained in 924.1 through 924.5 shall apply in any county for which rules have been adopted pursuant to PRC 4516.5.
NOTE

Authority cited: Section 4516.5, 4551 and 4551.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 7-5-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 28). 
§924.1. Plan Submittal and Notice of Intent.
Note     •     History

(a) The plan submitter shall prepare and submit to the Director, with the plan, a Notice of Intent to Harvest Timber as described in 14 CAC 1032.7(d).
(b) The plan submitters shall furnish to the Department at the time of submission of the plan the names and addresses of all property owners within 300 feet of the exterior boundaries of assessor's parcels upon which a plan has been submitted, and the names and addresses of property owners with property fronting or bordering that portion of the haul route lying between the plan area and the nearest public road. The list shall be compiled from the latest equalized assessment roll of the county or a list provided by a title insurance company.
(1) The plan submitter shall submit business size envelopes stamped with first class postage properly addressed to the property owners identified in (b). These will be used by the Department for mailing the Notice of Filing.
(c) The plan submitter shall mail copies of the Notice of Intent to all names in (b) prior to plan submission. At the time of plan submission, the plan submitter shall certify in writing that this procedure has been followed.
(d) For plan amendments, the submitter of the amendment shall certify in writing at the time the amendment is submitted that copies of a new Notice of Intent have been mailed to:
(1) All property owners not previously noticed under subsection (b) who, because of the plan amendment, would be required to receive the notice provided for in subsection (b).
(2) All property owners previously noticed under subsection (b) when there is a change in silvicultural method.
NOTE

Authority cited: Sections 4516.5, 4551, 4551.5, 21080 and 21092, Public Resources Code; NRDC v. Arcata National Corp. (1976), 59 Cal. Ap. 3d 959; Horn v. Ventura County (1979), 24 Cal 3d 605. Reference: Sections 4516.5, 4551, 4581, 4582, 4582.5, 4592, 21080 and 21092, Public Resources Code.
HISTORY

1. New section filed 7-5-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 28). 
§924.2. Plan Filing.
Note     •     History

A plan found by the Director to be accurate, complete and in proper order shall be filed on the 10th day following the date of its receipt by the Department. When the Director finds a plan inaccurate, incomplete, or otherwise not in proper order, the plan shall be returned to the submitter with written specifications of the deficiencies.
NOTE

Authority cited: Sections 4516.5, 4551, 4551.5, 4552, 4582.7 and 21080.5, Public Resources Code; NRDC v. Arcata National Corp. (1976), 50 Cal. Ap. 3d 959. Reference: Sections 4516.5, 4581, 4582.5, 4582.6, 4582.75, 4583, 4592 and 21092, Public Resources Code.
HISTORY

1. New section filed 7-5-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 28). 
§924.3. Preharvest Inspection.
Note     •     History

On or before the date the plan is filed, the Director shall determine if a preharvest inspection is necessary. A preharvest inspection shall be conducted on all plans for which a public hearing is to be held.
NOTE

Authority cited: Sections 4516.5, 4551, 4551.5, 4552, 4582.7 and 21080.5, Public Resources Code; NRDC v. Arcata National Corp. (1976), 50 Cal. Ap. 3d 959. Reference: Sections 4516.5, 4581, 4582, 4582.5, 4582.6, 4582.75, 4592, 21081 and 21092, Public Resources Code.
HISTORY

1. New section filed 5-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 28). 
§924.4. Notice of Filing.
Note     •     History

In addition to those items required by 14 CAC 1037.1, the following shall apply:
(a) The Notice of Filing shall contain:
(1) The date, time and location of the public hearing, when applicable.
(2) The Director shall include the date, time and location of the review team meeting if it is known.
(b) Within two working days of the date the plan is filed, the Director shall send copies of the Notice of Filing to:
(1) All property owners listed in 14 CAC 924.1(b).
(2) A newspaper of general distribution in the area.
NOTE

Authority cited: Sections 4516.5, 4551, 4551.5, 4552, 4582.4, 4582.6 and 21080.5, Public Resources Code; NRDC v. Arcata National Corp. (1976), 59 Cal. Ap. 3d 959. Reference: Sections 4516.5, 4581, 4582, 4582.5, 4582.75, 4592, 21081 and 21092, Public Resources Code.
HISTORY

1. New section filed 7-5-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 28). 
§924.5. Agency and Public Review.
Note     •     History

In addition to the requirements of 14 CAC 1037.3, the following shall apply: The Director shall send a copy of the filed plan to any local public water agency that makes written request for it and the appropriate local school district.
NOTE

Authority cited: Sections 4516.5, 4551 and 4552, Public Resources Code. Reference: Sections 4516.5, 4582.4 and 4582.6, Public Resources Code.
HISTORY

1. New section filed 7-5-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 28). 
§925. Santa Clara County Rules.
Note     •     History

In addition to forest practice rules applying in the Coast Forest District and Southern Subdistrict of the Coast Forest District, rules contained in 925.1 to 925.10 shall apply within the boundaries of Santa Clara County. These rules are for all of Santa Clara County, including that portion in the Southern Forest District. Where the general rules conflict with Santa Clara County rules, the Santa Clara County rules shall apply.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New Article 13 (Sections 925-925.10) filed 9-30-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 40). 
§925.1. Winter Period.
Note

The winter period for Santa Clara County shall be October 15 through April 15.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code. 
§925.2. Plan Submittal and Notice of Intent.
Note

14 CAC 1032.7 subsections (c), (e), (f), (g), and (h)(1), shall not apply in Santa Clara County. In lieu of those subsections, the following shall apply:
(a) The plan submitter shall prepare and submit to the Director, with the plan, a Notice of Intent to Harvest Timber as described in 14 CAC 1032.7(d).
(b) The plan submitter shall furnish to the Department at the time of submission of the plan the names and addresses of all property owners within 300 feet of the exterior boundaries of assessor's parcels upon which a plan has been submitted, and the names and addresses of property owners with property fronting or bordering that portion of the haul route lying between the plan area and the nearest public road. The list shall be compiled from the latest equalized assessment roll of the county or a list provided by a title insurance company.
(c) The plan submitter shall mail copies of the Notice of Intent to all names in (b) prior to plan submission. At the time of plan submission, the plan submitter shall certify in writing that this procedure has been followed.
(d) For plan amendments, the submitter of the amendment shall certify in writing at the time the amendment is submitted that copies of a new Notice of Intent have been mailed to:
(1) All property owners not previously noticed under subsection (b) who, because of the plan amendment, would be required to receive the notice provided for in subsection (b).
(2) All property owners previously noticed under subsection (b) when there is a change in silvicultural method.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code. 
§925.3. Plan Distribution.
Note

Within two working days of the date of the receipt of the plan, the Director shall transmit copies of the plan to:
(a) The local school district within which the plan is located.
(b) The Santa Clara Valley Water District.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code. 
§925.4. Contents of the Plan.
Note     •     History

14 CCR 1034, subsection (g) and that portion of (x) pertaining to map size shall not apply in Santa Clara County (all of subsections (x)(1) through (x)(14) shall apply). In lieu of those subsections, the following shall apply:
(a) A description of the plan area within which timber operations are to be conducted. The description shall include the following:
(1) U.S. Geological Survey (USGS) Quadrangle name(s) and date(s),
(2) township, range, and section number(s),
(3) county name(s),
(4) CALWATER 2.2 planning watershed number(s),
(5) approximate acreage, and
(6) assessor's parcel number(s) for the assessor's parcels within which a plan is submitted.
(b) The estimated number of logging truck loads to be removed and the approximate number of daily trips.
(c) The following information shall be clearly provided on a reproducible 1” = 500' topographic map showing 40 foot contour intervals, provided such maps are available from the county at nominal cost. Additional maps may be required to show specific details, and may be planimetric. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used. See district rules for the appropriate minimum mapping acreages.
(1) The location of scenic roads as designated by the County General Plan or in another document officially adopted by the county.
(2) Location of all structures (including mobile homes or trailers) currently maintained for human habitation within 200 feet as measured along the surface of the ground from the boundary of the plan area.
(d) On timber operations requiring submission of a plan, all routes to be used for removing forest products from the plan area to the mill or county line shall be shown on a road map submitted with the plan. A proposed change in the use of public roads that are part of the haul route shall be presumed to be a substantial deviation unless the plan submitter requests that the proposed change be considered a minor deviation in accordance with the procedures set forth in 14 CAC 1036 and 1040 and the Director so determines. The Director shall consult with County Transportation Agency before giving approval.
(e) A statement shall be prepared indicating the proposed type, quantity, purpose and method of application of any chemicals listed as restricted by the State Department of Food and Agriculture that are to be used.
NOTE

Authority cited: Sections 4516.5 and 4551, Public Resources Code. Reference: Sections 4516.5, 4551 and 4553, Public Resources Code. 
HISTORY

1. Repealer of subsection (a), new subsections (a)-(a)(6) and amendment of Note filed 11-21-2000; operative 1-1-2001 (Register 2000, No. 47).
§925.5. Tractor Yarding.
Note

In addition to 14 CAC 914.2, the following shall apply in Santa Clara County.
Prior to submittal of a plan, the location of proposed constructed tractor roads on slopes over 50% shall be intervisibly flagged on the ground.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code. 
§925.6. Flagging.
Note

In addition to other flagging requirements in Subchapter 3 of Title 14 CAC, the Director, where necessary to protect adjoining properties, may require flagging of approximate property lines on the site where any truck road, tractor road or harvest area is proposed within 100 feet of a property line.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code. 
§925.7. Log Hauling.
Note     •     History

(a) Log hauling on public roads is not permitted on Saturdays, Sundays, or on those days which are nationally designated legal holidays, except that such operations shall be permitted to occur on Columbus Day.
(b) Log hauling on public roads may be restricted or not permitted by the Director during commute hours or during school busing hours in order to prevent a serious hazard to traffic flow and safety or to prevent hazardous conditions that would endanger school children. 
(c) During log hauling on public roads, the timber operator may be required by the Director to post special traffic signs and/or flagmen where determined to be necessary to prevent a hazard to traffic.
(d) Any new access for the use of logging trucks to Highway 17 shall not be constructed until the Director has received approval for such construction from the State Department of Transportation and has consulted with the County Transportation Agency. A request for newly constructed access must be accompanied by evidence that such access will not adversely impact traffic flow and safety on the highway.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code. 
HISTORY

1. Amendment of subsection (a) filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§925.8. Public Road Buffer Zone.
Note

All logging roads, tractor roads, and landings located within 200 feet, as measured along the surface of the ground from the edge of the traveled surface of a public road, shall be screened from direct public view to the extent feasible by leaving trees and vegetation between disturbed areas and public roads. If trees are to be harvested in this buffer zone, the proposed harvesting shall be identified in the plan and the trees to be cut or left shall be marked before the preharvest inspection, if such an inspection is to be made.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code. 
§925.9. Public Road Protection.
Note

All proposed construction activities for logging roads and associated drainage structures, tractor roads, or other activities involving significant earth movement within 200 feet of a public road shall be described in the plan. The construction of logging roads and associated drainage structures, tractor roads, or other activities involving significant earth movement within 200 feet of a public road is prohibited if the Director has determined that the activities will significantly increase the maintenance costs of the public road or result in damage to the public road which will significantly restrict the use of the public road.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
§925.10. Hours of Work.
Note     •     History

Within 300 feet of any occupied dwelling, the operation of power equipment, except licensed highway vehicles, shall be restricted to the hours between 7:00 a.m. and 7:00 p.m., and shall be prohibited on Saturdays, Sundays and nationally designated legal holidays, except that such operations shall be permitted to occur on Columbus Day. An exception to this rule may be granted by the Director where he/she has found that no disturbance will result to the occupants of the dwelling from the use of such equipment.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code. 
HISTORY

1. Amendment filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§925.11. Performance Bonding.
Note     •     History

When hauling logs pursuant to a THP, the LTO shall provide for the repair of any damage to a county road that is willfully or negligently caused by the LTO's log hauling operations, and shall provide for the repair of any damage caused by the LTO's log hauling operations to appurtenant structures, including, but not limited to, guard rails, signs, traffic signals, culverts, curbs and similar facilities. If necessary to ensure compliance with this section, the county may request, and the Department, upon such request, may require the timber operator or responsible party to post adequate financial security to restore paved or unpaved county roads and appurtenant structures which are damaged by log hauling operations. The request for posting of financial security shall be made to the Department during the THP review procedure and no later than five days before the Director's decision date. The timber operator or responsible party shall post a certificate of deposit, certificate of insurance or performance bond, or other financial security in favor of the Department in a reasonable amount set by the Director, not to exceed $5,000 per mile of county road used or $50,000, whichever is less and subject to provisions of division 3, part I, chapter 1, article 8, section 11110 through 11113 of the Government Code. Such cash deposit or other acceptable financial security shall cover a period not to exceed the effective period of the plan.
When a form of financial security is required, logging trucks shall not use the county roads until the required security is posted with the Department. The Director shall release the bond or equivalent to the principal of the security upon completion of log hauling operations and compliance with the requirements of this section. If and when repairs are necessary, the Director shall request the operator to provide for making the repairs. If the repairs are not made the Department may take corrective action and may order the bond, or equivalent, forfeited in an amount not to exceed actual damage. When a bond or equivalent has been posted, the Department shall provide the county with a copy of the Work Completion Report. The county shall advise the Department in writing within 30 days of its receipt of notification of completion of hauling operations or the Work Completion Report if damage has occurred repairs need to be made. If the county fails to notify the Director within 30 days, the bond or surety shall be released.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
HISTORY

1. New section filed 9-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 36).
2. Repealer and new section filed 8-8-90; operative 9-7-90 (Register 90, No. 39).
§926. Santa Cruz County Rules.
Note     •     History

In addition to forest practice rules applying in the Coast Forest District and Southern Subdistrict of the Coast Forest District, rules contained in 926.1 through 926.19 shall apply within the boundaries of Santa Cruz County. Where the general rules conflict with Santa Cruz County rules, the Santa Cruz County rules shall apply.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
§926.1. Registered Professional Forester (RPF) Advice.
Note     •     History

The provisions of 14 CCR 913.8(b)(5) shall apply when timber operations are conducted in accordance with 14 CCR 926.25.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
2. Amendment filed 7-1-99; operative 1-1-2000 (Register 99, No. 27).
§926.2. Field Review and Timber Operator Certification.
Note     •     History

Subsequent to plan approval, but prior to commencement of timber operations, the RPF responsible for preparing the plan, the RPF who will advise the timber operator during timber operations (if different), and the timber operator shall meet in the field to review the specifics of the plan. The Director may attend and participate in such meeting, and shall be given advance notice of the meeting by the plan submitter. After such meeting and prior to commencement of timber operations, or upon the filing of any subsequent major amendment to the plan, the licensed timber operator shall execute and file with the Department a written certification that such timber operator or a supervised designee familiar with on-site conditions actively participated in a field review, is familiar with all state and local rules applicable to the proposed timber operation including without limitation the requirements of Section 1035.2 and 1035.3, understands the plan or such major amendment and each of the conditions that have been placed upon the plan or such major amendment by the Department as part of the review process, and is familiar with, and acknowledges the responsibility to communicate this information to those persons hired to carry out the proposed timber operation under his/her direction. The term “supervised designee” means any representative whose activities are controlled by the LTO in the same manner that an RPF would control the activities of a “supervised designee” as defined in 14 CCR 895.1.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
2. Amendment of section heading and section filed 7-1-99; operative 1-1-2000 (Register 99, No. 27).
§926.3. Plan Submittal and Notice of Intent.
Note     •     History

14 CCR 1032.7, subsections (c), (e), (f), and (g), shall not apply in Santa Cruz County. In lieu of those subsections, the following shall apply:
(a) The plan submitter shall prepare and submit to the Director, with the plan, a Notice of Intent to Harvest Timber as described in 14 CCR 1032.7(d) which shall additionally include the following:
(1) A statement that the approximate property lines have been flagged for review where truck roads, tractor roads or harvest areas are within 100 feet of the property line.
(2) In the event helicopter yarding is proposed, the Notice of Intent will include a map that clearly identifies the areas within the proposed timber harvest plan area that are proposed for helicopter operations, including helicopter log landing and service area sites and a statement about the approximate duration of helicopter yarding activities.
(b) The plan submitter shall furnish to the Department at the time of submission of the plan, the names and addresses of all property owners within 300 ft. of the exterior boundaries of assessor's parcels upon which a plan has been submitted, the names and addresses of property owners with property fronting or bordering that portion of the haul route lying between the plan area and the nearest public road, and the addresses of all private road association members. “Private road association” as used in this section and all other rules specific to Santa Cruz County shall mean those road associations appearing on a list maintained by the County and provided to the Director which are either a County Service Area which maintains any private road or any other private road association that has recorded by-laws or other organizing instruments recorded in the official records of Santa Cruz County from which it can be ascertained the assessor parcel numbers of the properties owned by the members. If helicopter yarding is proposed, the list shall also include the names and addresses of property owners with property located within three thousand (3,000) feet of any location in the proposed timber harvest area in which logs are to be picked up, carried, or landed, or helicopters are to use for servicing. It is the intent of the notice provisions of this paragraph to direct the notice to both owners and residents of properties lying within the 3,000 foot notice area; accordingly if any property owner to be noticed by mail on a proposed helicopter yarding has a mailing address located outside of the three thousand foot notice area and such property owner's property within such area has a street address within such area, the list shall also contain the street address of the property within the three thousand (3,000) foot radius, and shall list the addresses at such property as “Occupant.” The list shall be compiled from the latest equalized assessment roll of the county or a list provided by a title insurance company. Any list prepared for noticing an operation with helicopter yarding shall be deemed accurate provided that it contains accurate information regarding at least 95% of the property owners and situs addresses entitled to notice under these Rules based upon the County Tax Assessor's records.
(c) The plan submitter shall mail copies of the Notice of Intent to all property owners and members of those private road associations on the list provided by the County identified pursuant to (b) at least 10 days prior to plan submission and at this time shall post a copy of the Notice of Intent including a map as described in 14 CCR 1032.7(d)(8) at a conspicuous location on the private road where a majority of the road association members can view the notice and, if helicopter yarding is proposed, at a minimum of one conspicuous location every half mile on all public roads within a 2 mile radius of the proposed area of operations. The posted Notice of Intent shall be on colored paper or identified with colored flagging so as to be easily visible to the public. The plan submitter shall further mail the Notice of Intent to:
(1) All members of the Board of Supervisors in whose district any timber operation is proposed;
(2) The local school district;
(3) Any local publicly-owned water district or community water system which maintains any water production or water storage facility downstream from any location within which any timber operation is proposed. At the time of plan submission, the plan submitter shall certify to the Director in writing that this procedure has been followed.
(d) The plan submitter shall have the Notice of Intent published in a newspaper of general circulation in the area, concurrently with the submission of the plan to the Director. Proof of publication of notice shall be provided to the Director prior to his/her determination made pursuant to 14 CCR 1037.6.
(e) For plan amendments, the submitter of the amendment shall certify in writing at the time the amendment is submitted that copies of a new Notice of Intent have been mailed to:
(1) All property owners not previously noticed under subsection (b) who, because of the plan amendment, would be required to receive the notice provided in subsection (b).
(2) All property owners previously noticed under subsection (b) when there is a change in silvicultural method.
(f) The plan submitter shall include with the mailed Notice of Intent sent to the persons identified above, other than members of the Board of Supervisors, local school district or publicly-owned water district or community water systems, any available printed general information material that has been jointly approved by the County of Santa Cruz and the Department, describing the review process and the rights of adjacent landowners and other neighbors under applicable rules, ordinances or statutes.
(g) The RPF shall simultaneously file with the Department any notice of deviation given to the plan submitter or landowner required under Public Resources Code section 4583.2.
(h) In the event the Director shall approve a timber harvest plan which provides in whole or in part for helicopter yarding and where such harvest operations are not commenced within the same harvest season in which the plan is approved, the plan submitter shall, not less than 14 days prior to the estimated commencement of helicopter operations and not more than 28 days prior to the estimated commencement of such operations:
(1) Mail a notice to all persons previously notified of the Notice of Intent of the original application or any amendment under (b) above, providing notice of the fact that the helicopter yarding was approved, containing a map showing the location of the harvest areas, landing area, and service area approved in the Plan, the hours of operation, the estimated starting date of helicopter yarding activities, the estimated completion  date, and any conditions placed on the helicopter yarding activity by the Director as part of the approval; and
(2) Post a copy of the notice at a minimum of one conspicuous location every half mile on all public roads within a 2 mile radius of the proposed area of operations. The posted notice shall be on colored paper or identified with colored flagging so as to be easily visible to the public.
(3) The plan submitter shall further mail the notice to those persons identified in 14 CCR 926.3(c)(1), (2).
(4) Prior to commencement of helicopter operations, the plan submitter shall certify to the Director in writing that these procedures have been followed.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
2. Amendment filed 7-1-99; operative 1-1-2000 (Register 99, No. 27).
§926.4. Preharvest Inspection Report.
Note     •     History

Following any preharvest inspection, the Forest Practice Officer who conducted the inspection shall make a written report on the plan, indicating whether the plan, as proposed, conforms to the requirements of the Forest Practice Act and Board rules, and further stating whether the feasibility analysis required by 14 CAC 898 has properly responded to the issues identified in that section. A copy of this Preharvest Inspection Report shall be provided to review team members and advisors, and shall be made available for public information as a public record.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
§926.5. Additional Information After Preharvest Inspection.
Note     •     History

When the Director determines, based upon field inspection of the plan area, that additional information is necessary in order that the Review Team may conduct the review prescribed by 14 CAC 1037.5(b), the RPF who prepared the plan shall be responsible for supplying such additional information. Additional information shall be limited to information regarding those items specified in 14 CAC 1034, Contents of Plan.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Sections 4516.5 and 4582.6, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13).
2. Amendment filed 7-3-86; effective thirtieth day thereafter (Register 86, No. 27). 
§926.6. Public Water Agency Representative.
Note     •     History

In the case of any timber operation proposed to be carried out in an area which serves as a watershed for any publicly-owned water purveyor, the Director shall request a representative of such water purveyor to assist the Department as an advisor in the review process, pursuant to the provisions of 14 CAC 1037.5; such water purveyor representative shall be permitted to participate in all review team meetings.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Sections 4516.5 and 4582.6, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
§926.7. Review Team Field Review.
Note     •     History

Any review team member may, on request, accompany the Department as an advisor to the Department, on any field review the Department conducts prior to approval of the plan. A member of the review team shall have five working days following the date of the review team meeting in which to file any notice of non-concurrence provided for in 14 CCR 1037.5(e).
When a proposed timber harvest area is adjacent to a residential neighborhood; when the only access to the proposed timber harvest area is through neighboring property; or when multi-owner private road(s) are to be used for hauling; the residents of the adjacent neighborhood or the owners of the private road(s) may designate one person as their representative to attend the pre-harvest inspection and all Review Team field inspections and meetings that are scheduled. The Director and plan submitter shall be provided with written notice of the designated representative's name, address and telephone number. Such person may only enter the property of the landowner where the harvest is proposed with the consent of the landowner. Such person shall be entitled to receive advance notice of the time and place of the pre-harvest inspection and Review Team field reviews, may make inquiries of the review team members, but shall not be a member of the Review Team.
NOTE

Authority cited: 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
2. Amendment filed 7-1-99; operative 1-1-2000 (Register 99, No. 27).
§926.8. Fuelwood Operations.
Note     •     History

Notwithstanding 14 CAC 1038(b), the harvest of fuelwood in operations where more than three acres are proposed to be harvested, shall be carried out in accordance with the provisions of 14 CAC 1038-1038.1. In addition, for purposes of 14 CAC 1038, minimum impact means:
(a) No new road construction;
(b) No road reconstruction that involves substantial change in the original road prism;
(c) No timber operations on slopes in excess of 60%;
(d) No timber operations in special treatment areas;
(e) No timber operations within watercourse and lake protection zones;
(f) No timber operations on unstable soils;
(g) No timber operations within 500 feet on an active nesting site of rare or endangered bird species;
(h) No timber operations on areas with high or extreme erosion hazard rating;
(i) The harvest area must be immediately stocked; and
(j) Timber operations are limited to 45 days unless an approved plan is obtained.
Fuelwood operations that cannot be harvested pursuant to 14 CAC 1038-1038.1 will require a plan pursuant to 14 CAC 913.8(b).
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
§926.9. Hours of Work.
Note     •     History

(a) Except as provided in paragraph (b) below, the operation of chainsaws and other power-driven equipment shall be restricted to the hours between 7:00 a.m. and 7:00 p.m., and shall be prohibited on Saturdays, Sundays, and nationally designated legal holidays, except that such operations shall be permitted to occur on Columbus Day. An exception to this rule may be granted by the Director where s/he has found that no disturbance will result from the use of such equipment.
(b) Within 300 feet of any occupied legal dwelling, the operation of chain saws and all other power equipment, except licensed highway vehicles, shall be restricted to the hours between 8:00 a.m. and 6:00 p.m., and shall be prohibited on Saturdays, Sundays and nationally designated legal holidays. The Director may grant an exception to allow operations between 7:00 a.m. and 7:00 p.m. within 300 feet of residences if a determination of no disturbance can be made based upon the occupant(s) agreement to a written request submitted by the RPF to the Director before plan approval.
(c) When it is anticipated that there will be staging of licensed vehicles outside the plan submitter's property between the hours of 9:00 p.m. and 7:00 a.m., the RPF shall provide an operating plan which reduces noise impacts to nearby residences.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
2. Amendment of subsections (a) and (b) and new subsection (c) filed 7-1-99; operative 1-1-2000 (Register 99, No. 27).
3. Amendment of subsection (a) filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§926.10. Log Hauling.
Note     •     History

(a) Log hauling on public roads is not permitted on Saturdays, Sundays, or on those days which are nationally designated legal holidays, except that such operations shall be permitted to occur on Columbus Day.
(b) Log hauling on public roads, or private roads may be restricted or not permitted by the Director during commute hours or during school busing hours when necessary to prevent a serious hazard to traffic flow and safety or to prevent hazardous conditions that would endanger public safety.
(c) During log hauling on public roads, or on private roads the timber operator may be required by the Director to post special traffic signs and/or flagpersons where determined to be necessary to prevent a hazard to traffic.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
2. Amendment of subsections (b) and (c) filed 7-1-99; operative 1-1-2000 (Register 99, No. 27).
3. Amendment of subsection (a) filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§926.11. Flagging of Property Lines.
Note     •     History

The RPF or his/her supervised designee shall, prior to plan submission to the Department, flag the approximate property lines of the timberland owners parcel on the site where any truck road, tractor road or harvest area is proposed within 100 feet of a property line.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
2. Amendment filed 7-1-99; operative 1-1-2000 (Register 99, No. 27).
§926.12. Soil.
Note     •     History

The process of constructing or reconstructing truck roads, tractor roads, tractor trails, and landings shall not cause soil to be deposited on property owned by others, except with the consent of the property owner.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
§926.13. Performance Bonding.
Note     •     History

When hauling logs pursuant to a THP, the LTO shall provide for the repair of any damage to a county road that is willfully or negligently caused by the LTO's log hauling operations, or to a private road that is caused by the LTO's log hauling operations, and shall provide for the repair of any damage caused by the LTO's log hauling operations to appurtenant structures including, but not limited to, guard rails, signs, traffic signals, culverts, curbs and similar facilities. If necessary to ensure compliance with this section, the county, owner(s)/easement holder(s) of private road or private road association may request, and the Department, upon such request, may require the timber operator or responsible party to post adequate financial security to restore paved or unpaved county or private roads and appurtenant structures which are damaged by log hauling operations. The request for posting of financial security shall be made to the Department during the THP review procedure and no later than five days before the Director's decision date. The timber operator or responsible party shall post a certificate of deposit, certificate of insurance or performance bond, or other financial security in favor of the Department in a reasonable amount set by the Director, not to exceed $5,000 per mile of road used or $50,000, whichever is less and subject to provisions of Division 3, Part I, Chapter 1, Article 8, Sections 11110 through 11113 of the Government Code. Such cash deposit or other acceptable financial security shall cover a period not to exceed the effective period of the plan.
When a form of financial security is required, logging trucks shall not use the roads until the required security is posted with the Department. The Director shall release the bond or equivalent to the principal of the security upon completion of log hauling operations and compliance with the requirements of this section. If and when repairs are necessary, the Director shall request the operator to provide for making the repairs. If the repairs are not made, the Department may take corrective action and may order the bond, or equivalent, forfeited in an amount not to exceed actual damage. When a bond or equivalent has been posted, the Department shall provide the county with a copy of the Work Completion Report. The county shall advise the Department in writing within 30 days of its receipt of notification of completion of hauling operations or the Work Completion Report if damage has occurred repairs need to be made. If the county fails to notify the Director within 30 days, the bond or surety shall be released.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13).
2. Repealer and new section filed 8-8-90; operative 9-7-90 (Register 90, No. 39).
3. Amendment of section and Note filed 7-1-99; operative 1-1-2000 (Register 99, No. 27).
§926.14. Biotic Resources.
Note     •     History

In addition to the requirements of 14 CAC 1034(w), the plan shall identify local unique plant and animal species as identified in the Santa Cruz County General Plan.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
§926.15. Road Construction.
Note     •     History

Whenever new road construction is proposed and the plan submitter owns or controls any property contiguous to the parcel or parcels on which timber operations are proposed, and such contiguous property contains timberland, the RPF shall include a map and explanation of how the new road is integrated into the existing or proposed truck road and associated transportation system, for all the contiguous property owned or controlled by the plan submitter on which timberland is found. Such proposed integrated truck road and associated transportation system shall be reviewed in connection with review of the proposed plan, and the plan shall be modified, if necessary, to assure that the approved plan will be compatible and consistent with timber operations on the contiguous property.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
§926.16. Flagging.
Note     •     History

The location of proposed truck roads, constructed tractor roads, landings, and watercourse crossings shall be designated on the plan map and shall be located in the field with flagging. Such flagging shall occur prior to the preharvest inspection if one is to be conducted. Flagging for truck roads and constructed tractor roads will be intervisible along the proposed alignments.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
§926.17. Abandonment of Roads and Landings.
Note     •     History

When an existing truck road, tractor road, or landing is located in an area in which it could not be newly constructed in conformance with these rules, then, where feasible, such road or landing shall be abandoned, stabilized, revegetated, and restricted from vehicular use, unless the use of such road or landing would produce less environmental impact than the use of a new road or landing constructed in accordance with these rules.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
§926.18. Winter Period.
Note     •     History

The winter period for Santa Cruz County shall be October 15 through April 15.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
§926.19. Erosion Control Maintenance.
Note     •     History

The plan submitter shall maintain all drainage structures, drainage facilities and gating or other devices to prevent access required by these rules in effective working condition throughout one winter period after completion of timber operations unless other stricter measures are required under the Forest Practice Rules. Skid trails, landings and work areas shall be reseeded, mulched or protected by compacting slash and debris from harvest operation. The Director may require further measures to prevent unnecessary damage to road surfaces from unauthorized use and to protect the quality and beneficial uses of water. The County representative responsible for review of timber harvests shall receive advanced notice and may attend the work completion inspection with the Department to review erosion control measures. A work completion report may not be filed until this requirement has been met.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13). 
2. Amendment filed 7-1-99; operative 1-1-2000 (Register 99, No. 27).
§926.20. Soquel Creek Watershed. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4516.5, 4551 and 4551.5, Public Resources Code. Reference: Sections 4516.5, 4551.5, 4562.5 and 4562.7, Public Resources Code.
HISTORY

1. New section filed 11-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 45). 
2. Repealer filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§926.21. Exemptions from Timber Harvesting Plan Requirements [Santa Cruz County].
Note     •     History

The following requirements shall apply to timber operations conducted on ownerships of timberland of less than three acres pursuant to 14 CCR 1038(c).
a. The notice of exemption submitted to the Director pursuant to 14 CCR 1038.1 shall be accompanied by a planimetric or topographic map that clearly shows the location of and identifies the following features within the plan area:
1. log landing proposed to be used,
2. tractor roads on slopes over 50 percent,
3. logging roads,
4. watercourses, lakes, marshes, springs, and seeps,
5. structures, including mobile homes and trailers, currently maintained for human habitation within 200 feet, as measured along the surface of the ground, from the boundary of the plan area.
b. In addition, the following information shall be provided:
1. The approximate number of trees to be cut,
2. Assessor's Parcel Number covering the plan area,
3. Zoning designation covering the plan area,
4. Expected dates of commencement and completion.
c. Within 5 working days of receipt, CDF shall determine whether the exemption is complete and accurate. If it is found to be complete and accurate, CDF shall send a copy with a Notice of Acceptance to both the county and the applicant. Operations pursuant to the Exemption may not commence for ten working days from the date of the Notice of Acceptance in order to provide the County with an opportunity to (1) review the proposed operation, and (2) notify the submitter of applicable county regulations prior to the onset of operations. The Notice of Acceptance shall include the following statements:
1. An explanation that both the state and county have regulatory authority over timber harvest operations on ownerships of timberland of less than three acres.
2. An explanation that the Director's acceptance only relates to compliance with the rules of the State Board of Forestry.
3. Recommendation that the submitter should consult with the Santa Cruz Planning Department before proceeding.
4. Notification that proceeding without consulting with the County Planning Department could result in violation of county ordinances.
5. Notification that operations pursuant to the Exemption may not commence for ten working days to facilitate review of this operation by the county. The earliest date on which operations may commence shall be clearly stated in the Notice of Acceptance.
d. If the Exemption is determined to be incomplete, a CDF shall return the exemption to the applicant with a cover letter explaining the deficiencies.
NOTE

Authority cited: Sections 4516.5 and 4551, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed  8-10-93; operative 8-10-93 (Register 93, No. 33).
§926.23. Contents of Plan.
Note     •     History

In addition to 14 CCR 1034 the following shall apply in Santa Cruz County:
(a) When log hauling is proposed over non-appurtenant private roads, the RPF shall provide:
(1) Information substantiating the timber owner's legal right to access or use said private road(s).
(2) A statement as to the estimated number of total logging truck loads to be removed and the approximate number of haul days and location of proposed logging truck staging areas.
(3) A statement as to how obligations to maintain the road shall be satisfied commensurate with use.
(4) Specific measures which provide for the safe use of the road, such as flag persons, signage, pilot cars and hours of restriction.
(5) Videotape, photograph or other means of documentation for noting the existing conditions of the road.
(b) The RPF shall provide a map showing the location of the flagged property boundaries along with any documentation that substantiates the property line.
(c) The description of the plan area shall include the County Assessor Parcel Number(s) for those parcel(s) within which timber operations are to be conducted.
(d) The RPF shall include within the notice to the landowner section of the plan the following statement: “Section 16.22.030 of the County Code states that any road or bridge constructed pursuant to a Timber Harvest Permit issued by the State of California, if used to serve purposes other than forest management activities shall be considered new and shall be subject to all County design standards and applicable policies including County grading and bridge permits.”
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 7-1-99; operative 1-1-2000 (Register 99, No. 27).
§926.25. Special Harvesting Methods.
Note     •     History

In addition to 14 CCR 913.8 subsection (a), the harvesting limitation, re-entry period and leave tree standards shall be modified as follows:
(a) The cutting standards are as follows:
(1) For areas where the proposed harvest rate is 51-60% of the trees greater than 45.7 cm (18 in.) d.b.h., the minimum re-entry period shall be 14 years.
(2) For areas where the proposed harvest is 50% or less of the trees greater than 45.7 cm (18 in.) d.b.h., a 10 year re-entry period shall apply.
(3) Regardless of re-entry period, no more than 40% of the trees greater than 35.6 cm. (14 in.) and less than 45.7 cm (18 in.) d.b.h. shall be harvested.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 7-1-99; operative 1-1-2000 (Register 99, No. 27).
§927. Marin County Rules.
Note     •     History

In addition to forest practice rules applying in the Coast Forest District and Southern subdistrict of the Coast Forest District, rules contained in 927.1 through 927.17 shall apply within the boundaries of Marin County. Where the general rules conflict with Marin County rules, the Marin County rules shall apply.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-2-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 9).
2. Amendment filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22). 
§927.1. Winter Period.
Note     •     History

The winter period for Marin County shall be October 1 through April 15.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-2-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 9). 
§927.2. Contents of Plan.
Note     •     History

All of subsections (x)(1) through (x)(14) of 14 CCR 1034 shall apply in Marin County. Subsection (g) and that portion of (x) pertaining to map size shall not apply and in lieu of those subsections, the following shall apply:
(a) A description of the plan area within which timber operations are to be conducted. The description shall include the following:
(1) U.S. Geological Survey (USGS) Quadrangle name(s) and date(s),
(2) township, range, and section number(s),
(3) county name(s),
(4) CALWATER 2.2 planning watershed number(s),
(5) approximate acreage, and
(6) assessor's parcel number(s) for the assessor's parcels within which a plan is submitted.
(b) The estimated number of logging truck loads to be removed and the approximate number of daily trips.
(c) The following information shall be clearly provided on a reproducible 1” = 500' topographic map showing 40 foot contour intervals, provided such maps are available from the county at nominal cost. (Nominal cost for the purposes of this subsection shall not exceed $10.) If this map is not available, the map requirement in 14 CAC 1034 (x) shall apply. Additional maps may be required to show specific details, and may be planimetric. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used. See district rules for the appropriate minimum mapping acreage.
(1) Location of Marin County Recreation Corridor (CRC), scenic corridors, conservation zones, as identified in the Marin Countywide Plan of April, 1982 and special treatment areas designated by the County General Plan of 1982 or in any other document officially adopted by the county.
(2) Location of all structures (including mobile homes or trailers) currently maintained for human habitation within 200 feet as measured along the surface of the ground from the boundary of the plan area.
(d) On timber operations requiring submission of a plan, all routes to be used for removing forest products from the plan area to the mill or county line shall be shown on a road map submitted with the plan. A proposed change in the use of public roads that are part of the haul route shall be presumed to be a substantial deviation unless the plan submitter requests that the proposed change be considered a minor deviation in accordance with the procedure set forth in 14 CAC 1036 and 1040 and the Director so determines. The Director shall consult with County Transportation District before giving approval. The plan shall identify the location of schools along the haul route and shall specify their hours of operation.
(e) Plan maps must show the location of and identify the following: all log landings proposed to be used, and all main tractor roads on slopes over 50 percent, all logging roads, all watercourses, lakes, and marshes and boundaries of the CRC within or contiguous to the plan area.
(f) A statement shall be prepared indicting the proposed type, quantity, purpose and method of application of any chemicals listed as restricted by the State Department of Food and Agriculture that are to be used.
(g) The plan shall include a brief statement describing any additional proposed uses for the land in addition to timber harvesting (e.g., a residential or commercial development) for a period of five years.
(h) Whenever new road construction is proposed and the plan submitter owns or controls any property contiguous to the parcel or parcels on which timber operations are proposed, and such contiguous property contains timberland, the RPF shall include a map and explanation of how the new road is integrated into the existing or proposed truck road and associated transportation system, for all the contiguous property owned or controlled by the plan submitter on which timberland is found. Such proposed integrated truck road and associated transportation system shall be reviewed in connection with review of the proposed plan, and the plan shall be modified, if necessary, to assure that the approved plan will be compatible and consistent with timber operations on the contiguous property.
(i) The THP shall include a plan for safe access to a public roadway from the site of operations. The plan submitter shall be required to consult with County officials in designing the access plan, and shall attach to the THP a County encroachment permit if one has been approved.
(j) The plan submitter shall identify any publicly owned water purveyor within the drainage and indicate on the plan whether a watershed protection agreement with any publicly owned water purveyor has been ob-- tained for the proposed operation and append any such agreement to the plan. Any such agreement shall be appended for information purposes only. If no such agreement has been reached with the water purveyor, the plan submitter shall attach any previous correspondence to and from the water purveyor concerning the proposed timber operation.
(k) If a road or landing to be constructed or improved as part of the proposed timber operation is planned to be used to serve or facilitate a residential or commercial development, the plan submitter shall obtain a grading permit from the county and attach any such permit to the plan, for information purposes only.
NOTE

Authority cited: Sections 4516.5 and 4551, Public Resources Code. Reference: Sections 4516.5, 4551 and 4553, Public Resources Code.
HISTORY

1. New section filed 3-2-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 9).
2. Amendment filed 5-24-84 as an emergency; effective upon filing (Register 84, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-21-84.
3. Reinstatement of section as it existed prior to emergency amendment filed 5-24-84 by operation of Government Code Section 11346.1(f) (Register 84, No. 42).
4. Amendment filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22). 
5. Repealer of subsection (a), new subsections (a)-(a)(6) and amendment of Note filed 11-21-2000; operative 1-1-2001 (Register 2000, No. 47).
§927.3. Tractor Yarding.
Note     •     History

In addition to 14 CAC 914.2, the following shall apply in Marin County:
Prior to submittal of a plan, the approximate location of proposed constructed tractor roads on slopes over 50% shall be intervisibly flagged on the ground.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-2-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 9). 
§927.4. Flagging.
Note     •     History

In addition to flagging requirements in Subchapter 3 of Title 14 CAC, the Director, where necessary to protect adjoining properties, may require flagging of approximate property lines on the site where any truck road, tractor road or harvest area is proposed within 100 feet of a property line.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-2-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 9). 
§927.5. Log Hauling.
Note     •     History

(a) Log hauling on public roads is not permitted on Saturdays, Sundays, or on those days which are nationally designated holidays, except that such operations shall be permitted to occur on Columbus Day. 
(b) Log hauling on public roads shall be restricted or not permitted by the Director during commute hours or during school busing hours if necessary to prevent a significant hazard to traffic flow and safety or to prevent hazardous conditions that would endanger public safety.
(c) During log hauling on public roads, the timber operator may be required by the Director to post special traffic signs and/or flagpersons where determined to be necessary to prevent a hazard to traffic.
(d) Any new access for the use of logging trucks on Highway 1 shall not be constructed until the Director has received approval for such construction from the State Department of Transportation and has consulted with the County Transportation District. A request for newly constructed access must be accompanied by evidence that such access will not adversely affect traffic flow and safety on the highway.
(e) Where road width will not permit passage of a logging truck and another oncoming vehicle, and adequate turnouts are not present, the Director may require the use of pilot cars equipped with warning signs and flashing lights to guide logging trucks on public roads.
(f) Within 300 feet of any occupied dwelling, the operation of power equipment, including chain saws, except licensed highway vehicles, shall be restricted to the hours between 7:00 a.m. and 7:00 p.m., and shall be prohibited on Saturdays, Sundays, and nationally designated legal holidays. Where, because of unusual ground condition or very close proximity of occupied dwellings or special circumstances related thereto, the Director determines that a need exists for further restrictions, he/she may increase the distance and may limit the hours to not less than 8:00 a.m. to 5:00 p.m. An exception to this rule may be granted by the Director where he/she has found that no disturbance will result to the occupants of the dwelling from the use of such equipment.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-2-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 9).
2. New subsection (f) filed 5-24-84 as an emergency; effective upon filing (Register 84, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-21-84.
3. Reinstatement of section as it existed prior to emergency subsection filed 5-24-84 by operation of Government Code Section 11346.1(f) (Register 84, No. 42).
4. Amendment filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22). 
5. Amendment of subsection (a) filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§927.6. Public Road Buffer Zone.
Note     •     History

All logging roads, tractor roads, and landings located within 200 feet, as measured along the surface of the ground from the edge of the traveled surface of a public road, shall be screened from direct public view to the extent feasible by leaving trees and vegetation between disturbed areas and public roads. If trees are to be harvested in this buffer zone, the proposed harvesting shall be identified in the plan and the trees to be cut or left shall be marked before the preharvest inspection, if such an inspection is to be made.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-2-84; effective upon filing pursuant to Government Section 11346.2(d) (Register 84, No. 9). 
§927.7. Timber Harvesting Plans.
Note     •     History

(a) An initial inspection of the area in which timber operations are to be conducted shall be made within 10 days from the date of filing of the plan, or such longer period as may be mutually agreed upon by the Director and the person submitting the plan. The RPF who prepared the plan shall attend the initial inspection.
(b) In the case of any timber operation proposed to be carried out in an area which serves as a watershed for any publicly owned water purveyor, the Director shall request a representative of such water purveyor to assist the Department as a advisor in the review process, pursuant to the provision of 14 CAC 1037.5; such water purveyor representative shall be permitted to participate in all review team meetings.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-2-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 9).
2. Renumbering and amendment of former Section 927.8 to Section 927.7 and renumbering and amendment of former Section 927.9 to Section 927.8 filed 5-24-84 as an emergency; effective upon filing (Register 84, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-21-84.
3. Reinstatement of section as it existed prior to emergency renumbering and amendment filed 5-24-84 by operation of Government Code Section 11346.1(f) (Register 84, No. 42).
4. Repealer of former Section 927.7 and renumbering and amendment of former Section 927.8 to Section 927.7 filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22). 
§927.8. Exemptions from Timber Harvesting Plan Requirements.
Note     •     History

To ensure that the protection necessary to maintain the integrity of the resources of the County are achieved, the following requirements shall apply to the timber operations exempt from filing of Timber Harvesting Plans under 14 CAC 1038.
(a) The requirements of 14 CAC 927.7(a) and (b), and 927.2(c) and (e) shall apply with the following exceptions:
(1) pursuant to PRC 4582.7, an initial inspection may not be required;
(2) a written plan is not required although a plan map must accompany the notice of timber operations. Harvesting of Christmas trees is exempt from timber marking requirements.
(b) The expected dates of commencement and completion shall be stated in the notice of timber operations.
(c) The Director shall acknowledge in writing and within 10 days, acceptance or rejection of the notice of timber operations. The Director shall consult with the Marin County Planning Director before acceptance. Timber operations shall not commence until the Director's acceptance has been received by the person who filed the notice.
(d) Exempt operations shall be limited to the calendar year of acceptance.
(e) The requirements of PRC 4585, Completion Report, and PRC 4587, Stocking Reports, shall apply to exempt operations within the County.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-2-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 9).
2. Renumbering and amendment of former Section 927.9 to Section 927.8 and renumbering and amendment of former Section 927.10 to Section 927.9 filed 5-24-84 as an emergency; effective upon filing (Register 84, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-21-84.
3. Reinstatement of section as it existed prior to emergency renumbering and amendment filed 5-24-84 by operation of Government Code Section 11346.1(f) (Register 84, No. 42).
4. Renumbering and amendment of former Section 927.8 to Section 927.7, and renumbering and amendment of former Section 927.9 to Section 927.8 filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22). 
§927.9. Silvicultural Methods and Intermediate Treatments.
Note     •     History

The objective of this section is to prescribe silvicultural methods and treatments that will protect the long-term productivity of soils and timberlands and protect the natural and scenic qualities of the County. The following silvicultural methods and treatments as prescribed below will be applied in the County. 14 CAC 913 through 913.6 defines these methods and treatments.
(a) Commercial Thinning Intermediate Treatment or the Selection Method. When the commercial thinning treatment or the selection silvicultural method is used, the following standards are required.
(1) Leave a well distributed timber stand after cutting and logging operations have been completed on the cut area. Leave at least 40 percent by number of those trees 18 inches or more d.b.h. which were present prior to commencement of current timber operations and at least 50 percent by number of those over 12 inches d.b.h. but less than 18 inches or more d.b.h. Leave trees 18 inches or more d.b.h. shall be dominant or co-dominant in crown class prior to timber harvesting or have crowns typical of such dominant or co-dominant trees. All leave trees shall be thrifty coniferous trees which are free from substantial damage caused by timber operations. No conifer tree shall be cut which is more than 75 feet from a leave tree 12 inches d.b.h. or larger located within the logging area. Average top stump diameter, outside bark, shall be considered 1 inch greater than d.b.h.
(2) Immediately following completion of timber operations, stocking must meet or exceed stocking standards of 14 CAC 927.10.
(3) A report of stocking as described in PRC 4587 shall be filed within six months following completion of work as described in the plan.
(b) Sanitation-Salvage Treatment. When the sanitation-salvage treatment is used, the following practices are required:
(1) Restrictions on time periods for subsequent timber operations shall not apply to the sanitation-salvage treatment.
(2) An effort shall be made to regenerate any cut area during the first planting season following log removal. Necessary site preparation, planting, or seeding shall be completed within the first planting season following logging, except where unusual or adverse weather conditions require extending site preparation and planting into the following planting season. Deficiencies in stocking shall be corrected by planting annually at least three times if necessary to meet the stocking standards in 14 CAC 927.10.
(c) Clearcutting Method. The clearcutting method is not authorized for the County.
(d) Recutting of Logging Areas. Timber operations for removal of trees may only be repeated on a logging area within less than ten years after completion of a previous timber operation if minimum standards have been met, the reasons for the operation are justified and explained in the plan, and the scenic and/or natural qualities of a stand would be enhanced by lighter or more frequent tree removal. In no instance shall stocking be reduced below the standards provided in 14 CAC 927.10 nor shall more than 60 percent by numbers of those trees 18 inches and more d.b.h. and no more than 50 percent by numbers of those trees over 12 inches d.b.h. but less than 18 inches d.b.h. be removed within any one 10-year period.
On timber operations in which cutting has occurred within 10 years preceding the current operations, stumps which are the result of cutting trees within the preceding 10 years shall be counted as trees cut during the current operation in determining percent of trees cut. Timber operations conducted under the Sanitation-Salvage Treatment, and the harvesting of minor forest products and incidental vegetation are exempt from the above provision of this section.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-2-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 9).
2. Renumbering and amendment of former Section 927.10 to Section 927.9 and renumbering and amendment of former Section 927.11 to Section 927.10 filed 5-24-84 as an emergency; effective upon filing (Register 84, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-21-84.
3. Reinstatement of section as it existed prior to emergency renumbering and amendment filed 5-24-84 by operation of Government Code Section 11346.1(f) (Register 84, No. 42).
4. Renumbering of former Section 927.9 to Section 927.8, and renumbering and amendment of former Section 927.10 to Section 927.9 filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22). 
§927.10. Stocking Requirements.
Note     •     History

The stocking standards for understocked timberlands and substantially damaged timberlands as provided for by 14 CAC 1080 through 1081.1 and 1085 through 1085.6 are not applicable in the County. After completion of timber operations one of the following stocking standards must be met:
(a) Basal Area. The average residual basal area, measured in stems 1 inch or larger in diameter shall be at least 125 square feet per acre on Site I lands, at least 100 square feet per acre on Site II and Site III lands and at least 75 square feet per acre on Site IV and V lands, or
(b) Point Count. The area contains an average point count as specified below:
(1) On Site I and II lands, the area contains an average point count of 450 per acre to be computed as follows:
(A) 450 countable trees per acre not more than 4 inches d.b.h.; each tree to count as 1 towards meeting stocking requirements.
(B) 150 countable trees per acre over 4 inches d.b.h. and not more than 12 inches d.b.h.; each tree to count as 3 toward meeting stocking requirements.
(C) 75 countable trees per acre over 12 inches d.b.h.; each tree to count as 6 toward meeting stocking requirements.
(2) On Site III, IV and V lands the area contains an average point count of 300 per acre to be computed as follows:
(A) 300 countable trees per acre not more than 4 inches d.b.h.; each tree to count as 1 toward meeting stocking requirements.
(B) 100 countable trees per acre over 4 inches d.b.h. and not more than 12 inches d.b.h.; each tree to count as 3 towards meeting stocking requirements.
(C) 50 countable trees per acre over 12 inches d.b.h.; each tree to count as 6 toward meeting stocking requirements.
Redwood root crown sprouts will be counted using the average stump diameter 1 foot above average ground level of the original stump from which the redwood root crown sprouts originate, counting 1 sprout for each 1 foot of stump diameter to a maximum of 6 per stump.
Site classification shall be determined by the forester (RPF) who prepared the plan.
Rock outcroppings, meadows, wet areas, or other areas not normally bearing timber shall not be considered as requiring stocking and are exempt from such provisions.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 3-2-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 9).
2. Renumbering and amendment of former Section 927.11 to Section 927.10 and renumbering and amendment of former Section 927.12 to Section 927.11 filed 5-24-84 as an emergency; effective upon filing (Register 84, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-21-84.
3. Reinstatement of section as it existed prior to emergency renumbering and amendment filed 5-24-84 by operation of Government Code Section 11346.1(f) (Register 84, No. 42).
4. Renumbering and amendment of former Section 927.10 to Section 927.9, and renumbering and amendment of former Section 927.11 to Section 927.10 filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22). 
§927.11. Logging Practices.
Note     •     History

The following logging practices shall be adhered to:
(a) Roads. Rules contained in 14 CAC 923 through 923.2 shall be adhered to with the following special requirements.
(1) Roads shall be single lane, and generally the traveled surface shall be no more than 12 feet in width, except where alignment, safety, and equipment necessary to conduct the operation requires additional width. Deviations shall be explained and justified in the plan.
(2) Roads, landings, cuts, and fills shall be screened from direct view to the extent feasible by leaving screen trees and other vegetation between the disturbed areas and public areas utilized by substantial numbers of viewers.
(b) Soil disturbance, other than that incident to necessary road maintenance, whether with tractor or by cable means, shall not occur under excessively wet ground conditions that could result in substantial soil compaction and erosion.
(c) Notwithstanding the requirements of 14 CAC 1040, if in construction rock outcroppings, springs, and other physical factors require a change in roads, landings, and tractor road locations, the location can be changed with the concurrence of the RPF, the operator, and the Director's representative, provided that such changes in location constitute minor deviations. The RPF shall provide written confirmation of such minor deviations which shall become a part of the plan. All changes in location constituting substantial deviations shall be submitted to the Director as amendments to the plan.
(d) Felling Practices. Up to 10 percent of the trees that are proposed for cutting may be substituted 1 for 1 with those proposed to be left uncut provided that the leave tree proportion, size class, distribution, and general forest appearance of the residual stand as approved in the preliminary field work is preserved.
Justification for the substitution standard shall be based on unavoidable tree damage, safety factors, lean of trees, location of obstructions or roads or openings insufficient to accommodate felled trees.
(e) The process of constructing or reconstructing truck roads, tractor roads, and landings shall not cause soil to be deposited on property owned by others, except with the consent of the property owner.
(f) The plan submitter shall maintain all drainage structures and drainage facilities required by these rules in effective working condition throughout one winter period after completion of timber operations. A work completion report may not be filed until this requirement has been met.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 927.12 to Section 927.11 and new Section 927.12 filed 5-24-84 as an emergency; effective upon filing (Register 84, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-21-8. For prior history, see Register 84, No. 9.
2. Reinstatement of section as it existed prior to emergency renumbering and amendment filed 5-24-84 by operation of Government Code Section 11346.1(f) (Register 84, No. 42).
3. Renumbering and amendment of former Section 927.11 to Section 927.10, and renumbering and amendment of former Section 927.12 to Section 927.11 filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22). 
§927.12. Hazard Reduction.
Note     •     History

(a) Burning. Broadcast burning shall be prohibited on lands harvested under the commercial thinning treatment and selection silvicultural methods in the County. Broadcast burning may be allowed for site preparation purposes in accordance with 14 CAC 917.4 on lands harvested under the sanitation-salvage treatment when a prescribed burning plan is submitted as part of the Timber Harvesting Plan which explains and justifies broadcast burning in the County.
An effort shall be made to protect the surface organic horizon of the soil during the course of any permitted broadcast burning operations.
(b) Snags. All snags within the Watercourse and Lake Protection Zone and within 100 feet of meadow edges shall be left standing with the following exceptions:
(1) When felling is required for fire or safety reasons (CAL-OSHA regulations, 8 CAC 6259) or when necessary in sanitation-salvage operations.
(2) When a snag of commercial value is marked for felling by the RPF after an initial preharvest inspection and consultation with the Department of Fish and Game and the timber owner.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 927.13 to Section 927.14 and new Section 927.13 filed 5-24-84 as an emergency; effective upon filing (Register 84, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-21-84. For prior history, see Register 84, No. 9.
2. Reinstatement of section as it existed prior to emergency renumbering and amendment filed 5-24-84 by operation of Government Code Section 11346.1(f) (Register 84, No. 42).
3. Renumbering and amendment of former Section 927.12 to Section 927.11, and renumbering and amendment of former Section 927.13 to Section 927.12 filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22). 
§927.13. Buffer Zones Within the CRC.
Note     •     History

The following additional rules shall apply to buffer zones within Marin County Recreation Corridor.
The buffer zone adjacent to designated coastal highways shall be a 200 foot wide band running parallel to the first line of trees nearest the road on appropriate side(s) of the road as designated. In no place shall the buffer zone extend more than 350 feet from the shoulder of the road.
A buffer zone of 200 feet shall also run adjacent to all publicly owned preserves and recreation areas including national, state, regional, county, and municipal parks. Said distance shall be measured along the surface of the ground.
Logging roads, tractor roads, and skid trails and landings shall be screened from direct view to the extent feasible by leaving trees and vegetation between the disturbed area and vista points that would attract viewers.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 927.14 to Section 927.15 and renumbering and amendment of former Section 927.13 to Section 927.14 filed 5-24-84; effective upon filing (Register 84, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-21-84. For prior history, see Register 84, No. 9.
2. Reinstatement of section as it existed prior to emergency renumbering and amendment filed 5-24-84 by operation of Government Code Section 11346.1(f) (Register 84, No. 42).
3. Renumbering and amendment of former Section 927.13 to Section 927.12, and renumbering of former Section 927.14 to Section 927.13 filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22). 
§927.14. Notice of Intent and Filing.
Note     •     History

In addition to 14 CAC 924.1(b) and 924.4(b) the Notice of Intent and Filing of THP applications shall be provided to the appropriate publicly owned water purveyor and to any school district or private school on the haul route excluding those portions of Highway 101.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. Renumbering of former Section 927.14 to Section 927.13 and new Section 927.14 filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22).
§927.15. Review Team Meetings.
Note     •     History

In addition to 14 CAC 1037.5, the following provisions shall govern public participation in the review of timber harvesting plans in Marin County:
(a) A written response by the Department of Forestry to issues raised that are pertinent to the THP in question shall be made available to the public before the final approval or disapproval of the THP. The issues raised must be received by the Department before the date for decision on the THP and may be either oral or written. 
(b) Review team recommendations shall be made available at the CDF or county planning department office for public comment prior to the final decision.
(c) Any review team member and any qualified technical expert designated by a review team member may, on request, accompany the Department as a advisor to the Department, on any field review the Department conducts prior to approval of the plan.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. Renumbering of former Section 927.14 to Section 927.15 filed 5-24-84 as an emergency; effective upon filing (Register 84, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-21-84. For prior history, see Register 84, No. 9.
2. Reinstatement of section as it existed prior to emergency renumbering filed 5-24-84 by operation of Government Code Section 11346.1(f) (Register 84, No. 42). See Section 927.14.
3. New section filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22).
§927.16. Registered Professional Forester (RPF) Advice.
Note     •     History

The provisions of 14 CAC 913.8(b)(5) shall apply when timber operations are conducted in Marin County.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22). For history of former section, see Register 84, Nos. 42 and 24.
§927.17. Decisions on Winter Operations.
Note     •     History

The Director may prohibit any activity in the winter period that presents an unacceptable risk of significant degradation to the soil and water resources.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22). For history of former section, see Register 84, Nos. 42 and 24.
§928. San Mateo County Rules.
Note     •     History

In addition to forest practice rules applying in the Coast Forest District and Southern subdistrict of the Coast Forest District, rules contained in 928.1 through 928.8 shall apply within the boundaries of San Mateo County. Where the general rules conflict with San Mateo County rules, the San Mateo County rules shall apply.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 1-30-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
§928.1. Definitions.
Note     •     History

The following definitions shall apply in San Mateo County:
(a) “Haul Route” means all routes to be used for removing forest products from the plan area to the mill or county line.
(b) “Encroachment” means any point at which logging trucks enter onto or exit from a public road, whether the encroachment is newly constructed or not.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 1-30-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
§928.2. Contents of Plan.
Note     •     History

In addition to 14 CAC 1034, the following shall apply:
(a) The estimated number of logging truck loads to be removed and the approximate number of daily trips.
(b) In addition to 14 CAC 1034(x), the following information shall be clearly provided on the map:
(1) The location of scenic roads as designated by the County General Plan or in any other document officially adopted by the county.
(2) Location of all structures (including mobile homes or trailers) currently maintained for human habitation within 200 feet as measured along the surface of the ground from the boundary of the plan area.
(3) Location of existing and proposed firebreaks.
(c) On timber operations requiring submission of a plan, all routes and encroachments onto county roads to be used for removing forest products from the plan area to the mill or county line shall be shown on a road map submitted with the plan. The Director shall consult with the County Transportation Agency before giving approval.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 1-30-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
§928.3. Flagging.
Note     •     History

(a) In addition to 14 CAC 914.2, the following shall apply in San Mateo County:
Prior to submittal of a plan, the approximate location of proposed constructed tractor roads on slopes over 50% shall be intervisibly flagged on the ground.
(b) In addition to other flagging requirements in subchapter 3 of Title 14 CAC, the Director, where necessary to protect adjoining properties, shall require flagging of approximate property lines on the site where any truck road, tractor road or harvest area is proposed within 100 feet of a property line, unless explained and justified in the plan and approved by the Director.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 1-30-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
§928.4. Performance Bonding.
Note     •     History

When hauling logs pursuant to a THP, the LTO shall provide for the repair of any damage to a county road that is willfully or negligently caused by the LTO's log hauling operations, and shall provide for the repair of any damage caused by the LTO's log hauling operations to appurtenant structures including, but not limited to, guard rails, signs, traffic signals, culverts, curbs and similar facilities. If necessary to ensure compliance with this section, the county may request, and the Department, upon such request, may require the timber operator or responsible party to post adequate financial security to restore paved or unpaved county roads and appurtenant structures which are damaged by log hauling operations. The request for posting of financial security shall be made to the Department during the THP review procedure and no later than five days before the Director's decision date. The timber operator or responsible party shall post a certificate of deposit, certificate of insurance or performance bond, or other financial security in favor of the Department in a reasonable amount set by the Director, not to exceed $5,000 per mile of county road used or $50,000, whichever is less and subject to provisions of division 3, part I, chapter 1, article 8, section 11110 through 11113 of the Government Code. Such cash deposit or other acceptable financial security shall cover a period not to exceed the effective period of the plan.
When a form of financial security is required, logging trucks shall not use the county roads until the required security is posted with the Department. The Director shall release the bond or equivalent to the principal of the security upon completion of log hauling operations and compliance with the requirements of this section. If and when repairs are necessary, the Director shall request the operator to provide for making the repairs. If the repairs are not made the Department may take corrective action and may order the bond, or equivalent, forfeited in an amount not to exceed actual damage. When a bond or equivalent has been posted, the Department shall provide the county with a copy of the Work Completion Report. The county shall advise the Department in writing within 30 days of its receipt of notification of completion of hauling operations or the Work Completion Report if damage has occurred repairs need to be made. If the county fails to notify the Director within 30 days, the bond or surety shall be released.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
HISTORY

1. New section filed 1-30-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
2. Repealer and new section filed 8-8-90; operative 9-7-90 (Register 90, No. 39).
§928.5. Hours of Work.
Note     •     History

Within 300 feet of any occupied dwelling, the operation of power equipment, including chain saws, except licensed highway vehicles, shall be restricted to the hours between 7:00 a.m. and 7:00 p.m., and shall be prohibited on Saturdays, Sundays and nationally designated legal holidays, except that such operations shall be permitted to occur on Columbus Day. Where, because of unusual ground conditions or very close proximity of occupied dwellings or special circumstances related thereto, the Director determines that a need exists for further restrictions, he/she may increase the distance and may limit the hours to not less than 8:00 a.m. to 5:00 p.m. An exception to this rule may be granted by the Director where he/she has found that no disturbance will result to the occupants of the dwelling from the use of such equipment.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 1-30-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
2. Amendment filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§928.6. Log Hauling.
Note     •     History

(a) Log hauling on public roads is not permitted on Saturdays, Sundays, or on those days which are nationally designated legal holidays, except that such operations shall be permitted to occur on Columbus Day.
(b) Log hauling on public roads may be restricted or not permitted by the Director during commute hours or during school busing hours in order to prevent a serious hazard to traffic flow and safety or to prevent hazardous conditions that would endanger public safety.
(c) During log hauling on public roads, the timber operator may be required by the Director to post special traffic signs and/or flagpersons where determined to be necessary to prevent a hazard to traffic.
(d) Where road width will not permit passage of a logging truck and another oncoming vehicle, and adequate turnouts are not present, the Director may require the use of pilot cars equipped with warning signs and flashing lights to guide logging trucks on public roads.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 1-30-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
2. Amendment of subsection (a) filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§928.7. Cutting Practices.
Note     •     History

(a) Prior to submission of the plan to the Director, all timber proposed for harvest shall be clearly marked with paint at points approximately 4-1/2 feet above the ground and at ground level, except where the Director believes that a sample marking of 20% of the area up to a maximum of five acres would be adequate for plan evaluation. 
(b) Where a sample marking has been used, the balance of the timber to be cut, except for hardwoods, shall be marked under the direct supervision of the Forester (RPF) who prepared the plan prior to the time of cutting.
(c) Up to 10% of the trees that are proposed for cutting may be substituted one for one with those proposed to be left uncut provided that the leave tree proportion, size class, distribution and general forest appearance of the residual stand as approved in the preliminary field work is preserved.
Justification for the substitution standard shall be based on unavoidable tree damage, safety factors, lean of trees, location of obstructions or roads or openings insufficient to accommodate felled trees.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 1-30-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
§928.8. Erosion Control Maintenance. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 1-30-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5). 
2. Repealer filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
Article 14. Archaeological and Historical Resource Protection
§929. Statement of Purpose.
Note     •     History

The purpose of this article is to: 
(a) ensure that the significant archaeological and historical sites within the site survey area are adequately identified and protected, 
(b) to provide direction to RPFs preparing THPs (which includes all forms of THPs including, but not limited to, Modified THPs and Nonindustrial Timber Management Plans (NTMPs), Program Timber Harvesting Plans (PTHPs)), Notice of Emergency Timber Operations (Emergency Notices), and any Exemption Notices pursuant to 14CCR Sections 1038 and 1104.1, 
(c) provide direction to the timber operator conducting timber operations,  
(d) provide direction to the Department of Forestry and Fire Protection in its review, approval and inspection programs.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002, 21060.5, 21083.2 and 21084.1, Public Resources Code.
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of article heading, section and Note filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of subsection (b) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§929.1. Plan, and Emergency Notice Preparation.
Note     •     History

(a) Preparing a plan.
Prior to submitting a plan, the RPF, or the RPF's supervised designee:
(1) Shall conduct an archaeological records check at the appropriate Information Center. A previously-conducted archaeological records check for the property may be used to satisfy this requirement if it covers the entire area proposed for timber operations and if it meets the definition of “current archaeological records check” in 14 CCR §895.1.
(2) Shall provide written notification to Native Americans of the preparation of a plan. The primary purpose for this notification is to provide Native Americans an opportunity to disclose the existence of any Native American archaeological or cultural sites that are potentially within or adjacent to the site survey area, and the opportunity to comment on the plan. The RPF shall allow a minimum of 10 days for response to this notice before submitting the plan to the Director. The remainder of the 10-day waiting period is waived when all Native Americans required to be informed respond in less than 10 days. This notice shall contain the following attachments or items of information:
(A) A request for information concerning the potential existence of any Native American archaeological or cultural sites within the plan boundaries.
(B) Information concerning the location of the plan including:
1. A general location map that, at a minimum, shows the travel route from the nearest community or well-known landmark to the plan area.
2. A copied segment of the titled USGS (if available) or equivalent map(s) that displays the approximate boundary of the plan area, and includes a map legend and a scale.
3. A description of the plan location including the county, section, township, range, base and meridian, and the approximate direction and distance from the nearest community or well-known landmark.
(C) A statement that all replies, comments, questions, or other information submitted by Native Americans as a result of this notice be directed to the RPF. The name, address, and phone number of the RPF shall be provided.
(D) Information concerning the available time for response. Indicate that the RPF is requesting a response within ten days from the date of the notice so the information can be incorporated into the plan when initially submitted to the Director. Provide the estimated date the plan will be submitted to Director. Provide the following statement: “The earliest possible date the Director may approve the plan is 16 calendar days after it is submitted to Director, although typically, the plan is reviewed for at least 45 calendar days following plan submittal before the Director approves the plan.”
(E) A statement that the Native American groups may participate in the plan review process by submitting written comments to the Director before close of public comment period.
(F) A statement that locations of sites disclosed will be kept confidential.
(G) A statement that a Confidential Archaeological Addendum (CAA) will be prepared for the plan and a copy of pertinent information contained within the CAA may, at the discretion of the Director, be obtained from the Director.
(3) Shall provide a professional archaeologist or a person with archaeological training (in accordance with 14 CCR §929.4), to conduct a field survey for archaeological and historical sites within the site survey area. Previous archaeological surveys within the site survey area may also be used to partially or entirely satisfy this requirement.
(4) Shall ensure that research is conducted prior to the field survey, including review of appropriate literature and contacting knowledgeable individual, concerning potential archaeological or historical sites occurring on the property.
(b) Provide Notification to Native Americans if a Native American Archaeological or Cultural Site is located within the plan. On a plan that contains a Native American archaeological or cultural site as defined in 14 CCR §895.1 the RPF or the RPF's supervised designee shall:
(1) provide a written notice to Native Americans informing them of the presence of Native American cultural resources within the site survey area. This notification shall include:
(A) The RPF's name, address, and telephone number.
(B) The name, number, or other designator of the plan.
(C) A list of all known Native American archaeological or cultural sites located within the site survey area, including a name, number or other designator and brief description of each site.
(D) A brief discussion of how each site shall be protected or avoided.
(E) The address and phone number of the appropriate CAL FIRE Review Team Office to contact as listed under 14 CCR §1032, as well as a statement that written comments may be submitted to the Director for consideration prior to the close of public comment.
(F) The estimated earliest date the Director may approve the plan.
(2) submit a copy of all letters sent pursuant to 14 CCR §929.1(b)(1) to the Director. The Director shall allow a minimum of 15 days from the date of the notification letter for receipt of responses to notices sent pursuant to 14 CCR §929.1(b)(1) prior to the close of public comment.
(c) Submitting a Confidential Archaeological Addendum for a plan.
The RPF shall include the following information in a Confidential Archaeological Addendum with the proposed plan:
(1) Administrative Information which is not confidential and may be released to the public. This includes:
(A) The name, affiliation, address, and phone number of the archaeological surveyor.
(B) The name, affiliation, address, and phone number of the RPF, if different than the archaeological surveyor.
(C) The plan name ascribed by the RPF, plan number (if known), type, and approximate acreage.
(D) The county, legal description, and name of USGS 7.5' Quad(s) within which the project is located.
(E) The date the CAA was completed.
(F) The name of the author of the CAA.
(G) The signature of the RPF or archaeological surveyor.
(2) Archaeological Records Check Information. A copy of the records check and written reply (including mapped information) from the Information Center shall be attached, or a justification as to why that is not possible shall be included.
(A) If the records check request and written reply from the Information Center are attached, no additional information is required.
(B) If the records check request and written reply from the Information Center are not attached, the following information shall be included:
(1) Justification why records check request and written reply could not be attached.
(2) The date the records check was conducted at the Information Center.
(3) The Information Center File Number.
(4) Summary of records check results discussing whether or not archaeological or historical sites are known or suspected to exist within the site survey area and whether or not the site survey area has a previous archaeological investigation on record.
(3) Results of notification to Native Americans pursuant to 14 CCR §929.1(a)(2)(B). This shall include:
(A) An example of a notification letter and project maps submitted to Native American contacts.
(B) Copies of any written responses received from Native American contacts.
(C) A list of the individuals or groups that were provided written notification and the date of the Native American Contact List being used.
(D) Date the notification was sent.
(E) Results of the information request, specifically addressing the results of information received from the NAHC, if those results have been received.
(4) Results of notification to Native Americans of the existence of a Native American archaeological or cultural site on the plan, if required, pursuant to 14 CCR §929.1(b).
(5) A list of the research done prior to field survey. This list shall include literature reviewed and persons contacted in addition to the required archaeological records check with Information Center and Native Americans, and a summary of the results of this research.
(6) Information on the current or previous archaeological surveyor(s), which is not confidential. This shall include:
(A) the name of the current archaeological surveyors and an indication of whether or not the person either meets the specifications of a professional archaeologist as defined in 14 CCR §895.1 or meets the requirements specified in 14 CCR §929.4. 
(B) the name of any previous archaeological surveyors, if known.
(7) Description of archaeological survey methods and procedures including survey strategy, time spent conducting archaeological field survey, the date or dates the survey was conducted, survey coverage intensity, and ground visibility or other limitations.
(8) A list and description of all archaeological or historical sites identified within the site survey area including information on the site(s) size, type, and condition. The designations used in this listing of sites found shall be consistently used throughout the CAA.
(9) An Archaeological Coverage Map or maps prepared in accordance with the specifications identified in the definition of an Archaeological Coverage Map in 14 CCR §895.1.
(10) A preliminary determination of significance of identified archaeological and historical sites, if damaging effects from timber operations cannot be avoided. This determination shall be based upon the criteria for a significant archaeological or historical site listed in 14 CCR §895.1.
(11) Description of any specific enforceable protection measures to be implemented both within the site boundaries and within 100 feet of the site boundaries.
(12) Information concerning the proposed on-site meeting between the RPF or supervised designee familiar with on-site conditions and the LTO to discuss protection of archaeological and historical resources, if required, pursuant to 14 CCR §929.2(b).
(13) Information concerning site recording requirements pursuant to 14 CCR §929.1(d) and (g).
(14) Other applicable information, if any, concerning the archaeological survey for this project.
(15) List of attachments to the CAA.
(d) Site Records.
Upon submission of a plan, the RPF or the RPF's supervised designee shall submit completed site records for each site proposed to be a significant archaeological or historical site in a manner consistent with the recording standards identified in the State Office of Historical Preservation's “Instructions For Recording Historical Resources” March, 1995, which is incorporated by reference.
(e) Emergency Notice of 3 Acres Or More.
(1) Prior to submitting an Emergency Notice of three acres or more, the RPF:
(A) Shall ensure that an archaeological field survey is, or has been previously conducted by a professional archaeologist or person with archaeological training (pursuant to 14 CCR §929.4) within the site survey area.
(2) Prior to submitting an Emergency Notice of three acres or more, the RPF or the RPF's supervised designee:
(A) Shall complete a current archaeological records check. This check may be conducted by telephone. If the Information Center is unable to provide the information within three business days following receipt of an RPF's request for an Emergency Notice records check, the records check requirement is waived.
(B) Shall submit a Confidential Archaeological Letter that includes the information required by 14 CCR §929.1(c)(2), (7), (8), (9), (10) and (11), including site records, if required pursuant to 14 CCR §929.1(g) and 929.5.
(C) Shall send a copy of the Emergency Notice to Native Americans.
(f) Emergency Notice of Less Than 3 Acres.
(1) Prior to submitting an Emergency Notice of less than three acres, the RPF or the RPF's supervised designee shall:
(A) Conduct an archaeological survey for said area to determine whether it contains any significant archaeological sites using the criteria for a significant archaeological or historical site defined in 14 CCR §895.1.
(B) Send a copy of the Notice to Native Americans.
(2) An archaeological records check, Confidential Archaeological Addendum, or Confidential Archaeological Letter, is not required.
(3) No timber operations shall occur within the boundaries of any significant archaeological or historical sites as determined by the RPF or the RPF's supervised designee.
(g) Submitting Archaeological and Historical Information to Information Centers.
Within 30 days following the Director's approval of a plan or acceptance of an Emergency Notice of three acres or larger, the Director shall send to the appropriate Information Center of the California Historical Resource Information System the following information provided by the RPF:
(1) a complete Confidential Archaeological Addendum which includes all changes and additions required in the plan review process and which identifies the plan number, or, for Emergency Notices of three acres or larger, a Confidential Archaeological Letter.
(2) two copies each of any completed archaeological or historical site records for:
(A) archaeological sites determined to be significant, or 
(B) sites that a person elects to record, but for which no determination of significance has been made.
The records shall be completed by a person who satisfies the requirements specified in 14 CCR §929.4 in a manner consistent with the recording standards identified in the State Office of Historic Preservation's “Instructions For Recording Historical Resources” March, 1995, which is incorporated by reference.
(3) The RPF or supervised designee shall ensure that the site records are completed in the manner specified in subsection (2).
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of section heading and repealer and new section and Note filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of section heading and section filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
5. Change without regulatory effect amending subsection (b)(1)(E) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§929.2. Protection Measures for Plans and Emergency Notices 3 Acres and Larger.
Note     •     History

(a)(1) The RPF shall describe in the separate Confidential Archaeological Addendum or Letter, measures to be taken to mitigate or avoid substantial adverse change to any known significant archaeological or historical sites.
(2) The RPF may propose, and the Director may agree to, site specific protection measures for any identified archaeological or historical site without evaluating the significance of the site. These proposed protection measures shall be designed to ensure protection of such archaeological and historical sites from damaging effects. Avoidance of activities which will cause damaging effects is a preferred protection measure.
(b) The RPF or supervised designee familiar with on-site conditions shall meet with the LTO prior to the start of timber operations at each archaeological or historical site that is described in the plan or notice that requires avoidance or other protection measures and do the following:
(1) show the LTO the location, extent and boundaries of each archaeological or historical site requiring protection,
(2) discuss with the LTO the protection measures,
(3) apprise the LTO of the confidentiality requirements for any information concerning the physical location of archaeological or historical sites.
(c) If the RPF or supervised designee is unable to perform the duties in 14 CCR §929.2(b), the RPF shall:
(1) explain the reasons in the emergency notice, plan, or as a minor amendment to the plan,
(2)(A) meet with the plan submitter, timberland owner, or their authorized agent, and review in the field, the items described in 14 CCR §929.2(b),
(B) if the plan submitter, timberland owner, or their authorized agent will not comply with the RPF's or RPF's supervised designee's request for a meeting, the RPF shall notify the Director.
(3) except for an emergency notice, notify the plan submitter in writing that it is the plan submitter's responsibility to transfer the information in 14 CCR §929.2(b) to the LTO per 1035(h),
(4) notify the Director in writing.
(d) The LTO shall not conduct timber operations within the boundaries of any archaeological or historical site identified in the CAA unless such operations are described in the CAA and made part of the plan approved by the Director.
(e) In the event that the CAA authorizes limited timber operations within the boundaries of archaeological or historical sites identified in the plan, the LTO and the RPF, if so stated in the plan, shall be responsible for ensuring that specific protection measures and timber operations are conducted in the manner described in the CAA.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21001, 21060.5, 21083.2 and 21084.1, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of section heading, repealer and new section, and amendment of Note filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of section heading and subsections (b), (c) and (c)(2) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment of section heading and subsections (c), (c)(2) and (c)(3) and new subsections (d)-(e) filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
§929.3. Post Review Site Discovery.
Note     •     History

If a person discovers a potentially significant archaeological or historical site after a plan, Emergency Notice, or Exemption is accepted by the Director, the following procedures apply:
(a) The person who made the discovery shall immediately notify the Director, LTO, RPF, or timberland owner of record.
(b) The person first notified in (a) shall immediately notify the remaining parties in (a).
(c) No timber operations shall occur within 100 feet of the identified boundaries of the new site until the plan submitter proposes, and the Director agrees to, protection measures pursuant to 14 CCR §929.2.
(d) A minor deviation shall be filed to the plan. The minimum information provided shall include:
(1) A statement that the information is confidential.
(2) The mapped location of the site.
(3) A description of the site.
(4) Protection measures, and
(5) Site records, if site records are required pursuant to 14 CCR §§929.1(g)(2)(b) and 929.5.
(e) Upon receipt, the Director shall immediately provide the proposed minor deviation or portions of the minor deviation, to Native Americans when Native American archaeological or cultural sites are involved.
NOTE

Authority cited: Sections 4551, 4551.5, 4583.2 and 4591.1, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of section heading and repealer and new section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of first paragraph and subsection (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment of section and Note filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
§929.4. Archaeological Training Requirements.
Note     •     History

To meet the requirement of 14 CCR §929.1, archaeological surveys of a plan or Emergency Notice areas for archaeological or historical sites shall be conducted only by a professional archaeologist or a person who has attended a training program approved by the Director within five years prior to submission of the plan or Emergency Notice. The training program must meet the following standards:
(a) The course shall use education materials approved by the Director which address the current regulations and procedures for the identification, recordation, and protection of archaeological and historical resources during timber operations.
(b) The course may require that the applicant demonstrate, in the field, and in a final written examination, the ability to conduct a record search, perform field identification, complete an archaeological site record, and to identify appropriate mitigation and protection measures for archaeological or historical sites covered in the course.
(c) The Director shall issue verification to all students that satisfactorily complete the training course.
(d) Following an individual's successful completion of an archaeological training course approved by the Director, he or she may enroll in a refresher training course, approved by the Director, to renew a 5-year archaeological training certification.
(e) The Director may conduct the archaeological training courses (in addition to or in-lieu of approving programs conducted by others) at least annually.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of first paragraph and subsections (a) and (b), new subsections (b) and (c), and subsection relettering filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of first paragraph filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment of first paragraph and subsection (c) filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
§929.5. Site Recording.
Note     •     History

The Director shall ensure that all archaeological or historical sites determined to be significant and located within the site survey area on plans, or Emergency Notices are recorded by the RPF or supervised designee in a manner consistent with the recording standards identified in the State Office of Historic Preservation's “Instructions For Recording Historical Resources” March, 1995, which is incorporated by reference. The recording may also be done by a professional archaeologist or any person who has successfully completed appropriate training which is afforded or approved by the Director.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
§929.6. Protection of Sites During Timber Operations.
Note     •     History

No person, except as otherwise permitted by law, who is involved in timber operations shall excavate, collect artifacts from, vandalize or loot archaeological or historical sites located within the THP, Emergency Notice or Exemption boundary.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§929.7. Determination of Significance.
Note     •     History

(a) A determination of significance shall be made for an identified archaeological or historical site within the site survey area on a THP, or Emergency Notice by a person who satifies the requirements specified in 14 CCR 929.4 if damaging effects from timber operations cannot be avoided.
(b) The determination of significance shall: 
(1) Be based upon criteria defined for significant archaeological or historical sites in 14 CCR 895.1
(2) Utilize any information provided by Native Americans, archaeological, historical or ethnographic data pertinent to the region and to the cultural resource, and the physical characteristics of the archaeological or historical site. 
(c) If required by subsection (a), a preliminary determination of significance shall be made by the RPF or the RPF's supervised designee and provided in the Confidential Archaeological Addendum.
(d) Where the Director determines that timber operations may cause a substantial adverse change to a significant archaeological or historical site and the RPF and the Director cannot agree upon protection measures, a professional archaeologist provided by the THP submitter shall make a survey and prepare a report on the potentially affected site or sites and the potential impacts of the proposed timber operations. The part of the report that relates to archaeological sites is confidential. This report, if it discusses impacts on Native American archaeological sites, shall be provided by the Director to Native American and the NAHC. This report shall contain recommendations for mitigation, the elimination of impacts, or for the reduction of impacts to avoid or prevent substantial adverse change to significant archaeological or historical resources. The report shall meet the standards of the Preservation Planning Bulletin, Number 4, December 1989 (Office of Historic Preservation), entitled Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. The Director shall make the final determination of significance and substantial adverse change based on advice of a professional archaeologist.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of subsections (a), (c) and (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
Subchapter 5. Northern Forest District Rules*

*Regulations adopted by Board of Forestry.
Article 1. Introduction
§931. Statement of Purpose.
Note     •     History

The purpose of these rules is to establish district forest practice rules and to establish standards in accordance with the policies set forth in Articles 1 and 4 of the Z'berg-Nejedly Forest Practice Act of 1973 (Sections 4511-4517 and 4551-4555 incl. of the Public Resources Code). Rules promulgated herein apply only to timberlands.
NOTE

Authority cited: Sections 740, 4531 and 4551, Public Resources Code. Reference: Sections 4512, 4513, 4531 and 4551.5, Public Resources Code.
HISTORY

1. Repealer of Subchapter 5 (Sections 931-940, not consecutive) and new Subchapter 5 (Sections 931-940, not consecutive) filed 5-19-78 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20). For history of former Subchapter 5, see Register 78, Nos. 10 and 3; 76, Nos. 30 and 27; and 75, No. 30.
2. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47).
Article 2. Ratings and Standards
§932. Definitions of Terms. [Repealed]
Note     •     History

NOTE

Authority cited: (Sections 932-932.7, not consecutive); Sections 4551, 4553, 4561.5, 4561.6, 4562 and 4562.5, Public Resources Code. Reference: Sections 4551.5, 4561, 4561.6, 4562 and 4562.7, Public Resources Code.
HISTORY

1. Amendment filed 9-9-88; operative 10-9-88 (Register 88, No. 38).
2. Amendment of definition of “Commercial species” adding coast redwood in Group A filed 5-9-91; operative 6-8-91 (Register 91, No. 26).
3. Amendment of “Commercial species” to include Pacific Yew filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
4. Repealer of “Lake,” “Seed Tree,” “Tractor roads and skid trails,” and “Waterbreaks” filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
5. Pacific Yew under “Commercial species” repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
6. Editorial correction of History 2 (Register 95, No. 41).
7. Amendment of article heading, relocation of definitions in former section 932 to section 895.1 and repealer of section 932 filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§932.5. Procedure for Estimating Surface Soil Erosion Hazard Rating.
Note     •     History

A proposed plan shall show the estimated erosion hazard ratings of the plan area, by areas, down to 20 acres (8.1 ha) if such a breakdown will change the estimated erosion hazard of the individual areas.
To estimate the erosion hazard rating of any plan or portion thereof, the RPF or supervised designee shall follow the procedures and requirements contained in Board Technical Rule Addendum #1, dated February 1, 1990. Appropriate weights for the factors in the Estimated Surface Soil Erosion Hazard, Form I, in the Addendum shall be calculated and the factors shall be summed to give the rating. A copy of the calculations from Form I shall be attached to the timber harvesting plan. A copy of the Board Technical Rule Addendum #1 can be obtained from the State Board of Forestry at the Resources Building, 1416 9th Street, Room 1506-14, Sacramento, CA 95814.
NOTE

Authority cited: Sections 4551 and 4562.5, Public Resources Code. Reference: Section 4562.5, Public Resources Code.
HISTORY

1. Repealer and new section filed 7-2-82; designated effective 1-1-83 (Register 82, No. 27.)
2. Amendment filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
3. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§932.7. Resource Conservation Standards for Minimum Stocking.
Note     •     History

The following resource conservation standards constitute minimum acceptable stocking in the Northern Forest District after timber operations have been completed.
(a) Rock outcroppings, meadows, wet areas, or other areas not normally bearing commercial species shall not be considered as requiring stocking and are exempt from such provisions.
(b) An area on which timber operations have taken place shall be classified as acceptably stocked if either of the standards set forth in (1) or (2) below are met within five (5) years after completion of timber operations unless otherwise specified in the rules.
(1) An area contains an average point count of 300 per acre on Site I, II and III lands or 150 on Site IV and V lands, to be computed as follows:
(A) Each countable tree [Ref. PRC §4528(b)] which is not more than 4 inches d.b.h. counts 1 point.
(B) Each countable tree over 4 inches and not more than 12 inches d.b.h. counts 3 points.
(C) Each countable tree over 12 inches d.b.h. counts 6 points.
(D) Sprouts over 1 foot in height will be counted, counting one sprout for each 6 inches or part thereof of stump diameter to a maximum of 4 per stump.
(2) The average residual basal area, measured in stems 1 inch or larger in diameter is at least 85 square feet per acre on Site I lands, and 50 square feet per acre on lands of Site II classification or lower. Site classification shall be determined by the RPF who prepared the plan.
(3) To the extent basal area standards are specified in the rules in excess of 14 CCR §932.7(b)(2), up to 15 square feet of basal area of those standards higher than the minimum may be met by counting snags, and decadent or deformed trees of value to wildlife in the following sizes:
(A) 30 inches or greater dbh and 50 feet or greater in height on site I and II lands;
(B) 24 inches or greater dbh and 30 feet or greater in height on site III lands; and
(C) 20 inches or greater dbh and 20 feet or greater in height on site IV and V lands.
(c) The substitution provided for in 14 CCR §932.7(b)(3) may only be done when the potential spread of insects and diseases will not have a significantly adverse impact on long term productivity or forest health.
(d) The resource conservation standards of the rules may be met with Group A and/or B commercial species. The percentage of the stocking requirements met with Group A species shall be no less than the percentage of the stand basal area they comprised before harvesting.  The site occupancy provided by Group A species shall not be reduced relative to Group B species. When considering site occupancy, the Director shall consider the potential long term effects of relative site occupancy of Group A species versus Group B species as a result of harvest. if Group A species will likely recapture the site after harvest, Group B species do not need to be reduced. The time frames for recapturing the site shall be consistent with achieving MSP. The Director may prohibit the use of Group A and/or B commercial species which are non-indigenous or are not physiologically suited to the area involved. Exceptions may be approved by the Director if the THP provides the following information and those exceptions are agreed to by the timberland owner:
(1) Explain and justify with clear and convincing evidence how using Group A nonindigenous, or Group B species to meet the resource conservation standards will meet the intent of the Forest Practice Act as described in PRC §4513. The discussion shall include:
(A) the management objectives of the post-harvest stand;
(B) a description of the current stand, including species composition and current stocking levels within the area of Group B species. The percentage can be measured by using point-count, basal area, stocked plot, or other method agreed to by the Director.
(C) the percentage of the post-harvest stocking to be met with Group B species. Post harvest percentages will be determined on the basis of stocked plots. Only the methods provided by 14 CCR §§1070-1075 shall be used in determining if the standards of PRC §4561 have been met.
(D) a description of what will constitute a countable tree, as defined by PRC § 4528 for a Group B species and how such a tree will meet the management objectives of the post-harvest stand.
The Director, after an initial inspection pursuant to PRC §4604 shall approve use of Group B species, as exceptions to the pre-harvest basal area percentage standard, if in his judgement the intent of the Act will be met, and there will not be an immediate significant and long-term harm to the natural resources of the state.
NOTE

Authority cited: Sections 4551, 4553 and 4561.1, Public Resources Code. Reference: Sections 4561 and 4561.1, Public Resources Code.
HISTORY

1. Editorial correction adding NOTE filed 12-2-82 (Register 82, No. 49).
2. Editorial correction filed 8-29-84; effective thirtieth day thereafter (Register 84, No. 35).
3. Amendment filed 9-9-88; operative 10-9-88 (Register 88, No. 38).
4. Amendment of subsections (c)-(c)(1) filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
5. Amendment of subsection (c) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
6. Amendment of subsections (b)(1)(A)-(B), new subsection (b)(3)-(c) and subsection relettering filed 11-14-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 46).
7. Change without regulatory effect amending subsections (b)(3) and (c) filed 11-25-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 48).
§932.9. Cumulative Impacts Assessment Checklist.

STATE OF CALIFORNIA
BOARD OF FORESTRY
CUMULATIVE IMPACTS ASSESSMENT
(1) Do the assessment area(s) of resources that may be affected by the proposed project contain any past, present, or reasonably foreseeable probable future projects? 
  Yes____ No____
If the answer is yes, identify the project(s) and affected resource subject(s).
(2) Are there any continuing, significant adverse impacts from past land use activities that may add to the impacts of the proposed project?
  Yes____ No____
If the answer is yes, identify the activities, describing their location, impacts and affected resource subject(s).
(3) Will the proposed project, as presented, in combination with past, present, and reasonably foreseeable probable future projects identified in items (1) and (2) above, have a reasonable potential to cause or add to significant cumulative impacts in any of the following resource subjects?

			No reasonably
			potential
	Yes after	No after	significant
	mitigation (a)	mitigation (b)	effects (c)
1. Watershed	______	______	______
2. Soil Productivity	______	______	______
3. Biological	______	______	______
4. Recreation	______	______	______
5. Visual	______	______	______
6. Traffic	______	______	______
7. Other	______	______	______

a) Yes, means that potential significant adverse cumulative impacts are left after application of the forest practice rules and mitigations or alternatives proposed by the plan submitter.
b) No after mitigation means that any potential for the proposed timber operation to cause or add to significant adverse cumulative impacts by itself or in combination with other projects has been reduced to insignificance or avoided by mitigation measures or alternatives proposed in the THP and application of the forest practice rules.
c) No reasonably potential significant cumulative effects means that the operations proposed under the THP do not have a reasonable potential to join with the impacts of any other project to cause, add to, or constitute significant adverse cumulative impacts.
(4) If column (a) is checked in (3) above describe why the expected impacts cannot be feasibly mitigated or avoided and what mitigation measures or alternatives were considered to reach this determination. If column (b) is checked in (3) above describe what mitigation measures have been selected which will substantially reduce or avoid reasonably potential significant cumulative impacts except for those mitigation measures or alternatives mandated by application of the rules of the Board of Forestry.
(5) Provide a brief description of the assessment area used for each resource subject. 
(6) List and briefly describe the individuals, organizations, and records consulted in the assessment of cumulative impacts for each resource subject. Records of the information used in the assessment shall be provided to the Director upon request.

BOARD OF FORESTRY
TECHNICAL RULE ADDENDUM NO. 2
CUMULATIVE IMPACTS ASSESSMENT
Introduction
The purpose of this addendum is to guide the assessment of cumulative impacts as required in 14 CCR 898 and 1034 that may occur as a result of proposed timber operations. This assessment shall include evaluation of both on-site and off-site interactions of proposed project activities with the impacts of past and reasonably foreseeable future projects.
In conducting an assessment, the RPF must distinguish between on-site impacts that are mitigated by application of the Forest Practice Rules and the interactions of proposed activities (which may not be significant when considered alone) with impacts of past and reasonably foreseeable future projects.
Resource subjects to be considered in the assessment of cumulative impacts are described in the Appendix.
The RPF preparing a THP shall conduct an assessment based on information that is reasonably available before submission of the THP. RPFs are expected to submit sufficient information to support their findings if significant issues are raised during the Department's review of the THP.
Information used in the assessment of cumulative impacts may be supplemented during the THP review period. Agencies participating in plan review may provide input into the cumulative impacts assessment based upon their area of expertise. Agencies should support their recommendations with documentation.
The Department, as lead agency, shall make the final determination regarding assessment sufficiency and the presence or absence of significant cumulative impacts. This determination shall be based on a review of all sources of information provided and developed during review of the Timber Harvesting Plan.
Identification of Resource Areas
The RPF shall establish and briefly describe the geographic assessment area within or surrounding the plan for each resource subject to be assessed and shall briefly explain the rationale for establishing the resource area. This shall be a narrative description and shall be shown on a map where a map adds clarity to the assessment.
Identification of Information Sources
The RPF shall list and briefly describe the individuals, organizations, and records used as sources of information in the assessment of cumulative impacts, including references for listed records and the names, affiliations, addresses, and phone numbers of specific individuals contacted. Records of information used in the assessment shall be provided to the Director upon request.
Common sources of information for cumulative effects assessment are identified below. Sources to be used will depend upon the complexity of individual situations and the amount of information available from other plans. Sources not listed below may have to be consulted based on individual circumstances. Not all sources of information need to be consulted for every THP.

1. Consultation with Experts and Organizations:

	(a) County Planning Department;	(b) Biologists;
	(c) Geologists;	(d) Soil Scientists;
	(e) Hydrologists;	(f) Federal Agencies;
	(g) State Agencies;	(h) Public and private utilities.
2. Records Examined:

	(a) Soil Maps;	(b) Geology Maps;
	(c) Aerial Photographs;	(d) Natural Diversity Data Base;
	(e) THP Records;	(f) Special Environmental Reports;
	(g) Basin Plans;	(h) Fire History Maps;
	(i) Relevant Federal
	   Agency Documents
	   or Plans
As provided in Section 898 of the rules, the RPF or supervised designee and the plan submitter must consult information sources that are reasonably available.
Past and Future Activities
Past and future projects included in the cumulative impacts assessment shall be described as follows:
A. Identify and briefly describe the location of past and reasonably foreseeable probable future projects as defined in 14 CCR §895.1 within described resource assessment areas. Include a map or maps and associated legend(s) clearly depicting the following information:
1. Township and Range numbers and Section lines.
2. Boundary of the planning watershed(s) within which the plan area is located along with the CALWATER 2.2 identification number.
3. Location and boundaries of past, present and reasonably foreseeable probable future timber harvesting projects on land owned or controlled by the timberland owner of the proposed timber harvest within the planning watershed(s) depicted in section (2) above. For purposes of this section, past projects shall be limited to those projects submitted within ten years prior to submission of the THP.
4. Silvicultural methods for each of the timber harvesting projects depicted in section (3) above. Each specific silvicultural method must be clearly delineated on the map(s), and associated THP number referenced in the legend or an annotated list. In addition, shading, hatching, or labeling shall be used which clearly differentiates silvicultural methods into one of the four categories outlined in Table 1.
5. A north arrow and scale bar (or scale text).
6. Source(s) of geographical information.
The map scale shall be large enough to clearly represent one planning watershed per page or of a scale not less than 1:63,360. Planning watersheds with densely situated or overlapping harvest units, or those which are large or irregular in size, may require multiple maps to achieve clarity. Map(s) shall be reproducible on black & white copiers, and submitted on an 8 1/2 x 11 page(s).

Table 1

Silvicultural	
Category	Silvicultural Method
Evenaged	Clearcutting, Seed Tree Seed Step, Seed Tree
Management	Removal Step, Shelterwood Preparatory Step,
14 CCR §933.1	Shelterwood Seed Step, Shelterwood Removal
	Step

Unevenaged	Selection, Group Selection, Transition
Management
14 CCR §933.2

Intermediate	Commercial Thinning, Sanitation-Salvage
Treatments
14 CCR §933.3

Special	Special Treatment Area Prescriptions,
Prescriptions and	Rehabilitation of Understocked Area
Other Management	Prescription, Fuelbreak/Defensible Space,
14 CCR §933.4	Southern Subdistrict Special Harvesting
	Method (14 CCR §913.8), Variable Retention,
	Conversion

Alternative Prescriptions shall be put into the category within which the most nearly appropriate or feasible silvicultural method in the Forest Practice Rules is found pursuant to 14 CCR §933.6(b)(3).
B. Identify and give the location and description of any known, continuing significant environmental problems caused by past projects as defined in 14 CCR §895.1. The RPF who prepares the plan or supervised designee shall obtain information from plan submitters (timberland or timber owner), and from appropriate agencies, landowners, and individuals about past, and future land management activities and shall consider past experience, if any, in the assessment area related to past impacts and the impacts of the proposed operations, rates of recovery, and land uses. A poll of adjacent land owners is encouraged and may be required by the Director to determine such activities and significant adverse environmental problems on adjacent ownerships.

Appendix

Technical Rule Addendum #2
In evaluating cumulative impacts, the RPF shall consider the factors set forth herein.
A. Watershed Resources
Cumulative Watershed Effects (CWEs) occur within and near bodies of water or significant wet areas, where individual impacts are combined to produce an effect that is greater than any of the individual impacts acting alone. Factors to consider in the evaluation of cumulative watershed impacts are listed below.
1. Impacts to watershed resources within the Watershed Assessment Area (WWA) shall be evaluated based on significant on-site and off-site cumulative effects on beneficial uses of water, as defined and listed in applicable Water Quality Control Plans.
2. Watershed effects produced by timber harvest and other activities may include one or more of the following:
° Sediment.
° Water temperature.
° Organic debris.
° Chemical contamination.
° Peak flow.
The following general guidelines shall be used when evaluating watershed impacts. The factors described are general and may not be appropriate for all situations. Actual measurements may be required if needed to evaluate significant environmental effects. The plan must comply with the quantitative or narrative water-quality objectives set forth in an applicable Water Quality Control Plan.
a. Sediment Effects
Sediment-induced CWEs occur when earth materials transported by surface or mass wasting erosion enter a stream or stream system at separate locations and are then combined at a downstream location to produce a change in water quality or channel condition. The eroded materials can originate from the same or different projects. Potentially adverse changes are most likely to occur in the following locations and situations:
- Downstream areas of reduced stream gradient where sediment from a new source may be deposited in addition to sediment derived from existing or other new sources.
- Immediately downstream from where sediment from a new source is combined with sediment from other new or existing sources and the combined amount of sediment exceeds the transport capacity of the stream.
- Any location where sediment from new sources in combination with suspended sediment from existing or other new sources significantly reduces the survival of fish or other aquatic organisms or reduces the quality of waters used for domestic, agricultural, or other beneficial uses.
- Channels with relatively steep gradients which contain accumulated sediment and debris that can be mobilized by sudden new sediment inputs, such as debris flows, resulting in debris torrents and severe channel scouring.
Potentially significant adverse impacts of cumulative sediment inputs may include:
- Increased treatment needs or reduced suitability for domestic, municipal, industrial, or agricultural water use.
- Direct mortality of fish and other aquatic species.
- Reduced viability of aquatic organisms or disruption of aquatic habitats and loss of stream productivity caused by filling of pools and plugging or burying streambed gravel.
- Accelerated channel filling (aggradation) resulting in loss of streamside vegetation and stream migration that can cause accelerated bank erosion.
- Accelerated filling of downstream reservoirs, navigable channels, water diversion and transport facilities, estuaries, and harbors.
- Channel scouring by debris flows and torrents.
- Nuisance to or reduction in water related recreational activities.
Situations where sediment production potential is greatest include:
- Sites with high or extreme erosion hazard ratings.
- Sites which are tractor logged on steep slopes.
- Unstable areas.
b. Water Temperature Effects
Water temperature related CWEs are changes in water chemistry or biological properties caused by the combination of solar warmed water from two or more locations (in contrast to an individual effect that results from impacts along a single stream segment) where natural cover has been removed. Cumulative changes in water temperature are most likely to occur in the following situations:
- Where stream bottom materials are dark in color.
- Where water is shallow and has little underflow.
- Where removal of streamside canopy results in substantial, additional solar exposure or increased contact with warm air at two or more locations along a stream.
- Where removal of streamside canopy results in substantial, additional solar exposure or increased contact with warm air at two or more streams that are tributary to a larger stream.
- Where water temperature is near a biological threshold for specific species.
Significant adverse impacts of cumulative temperature increases include:
- Increases in the metabolic rate of aquatic species.
- Direct increases in metabolic rate and/or reduction of dissolved oxygen levels, either of which can cause reduced vigor and death of sensitive fish and other sensitive aquatic organisms.
- Increased growth rates of microorganisms that deplete dissolved oxygen levels or increased disease potential for organisms.
- Stream biology shifts toward warmer water ecosystems.
c. Organic Debris Effects
CWEs produced by organic debris can occur when logs, limbs, and other organic material are introduced into a stream or lake at two or more locations. Decomposition of this debris, particularly the smaller sized and less woody material, removes dissolved oxygen from the water and can cause impacts similar to those resulting from increased water temperatures. Introduction of excessive small organic debris can also increase water acidity.
Large organic debris is an important stabilizing agent that should be maintained in small to medium size, steep gradient channels, but the sudden introduction of large, unstable volumes of bigger debris (such as logs, chunks, and larger limbs produced during a logging operation) can obstruct and divert streamflow against erodible banks, block fish migration, and may cause debris torrents during periods of high flow.
Removing streamside vegetation can reduce the natural, annual inputs of litter to the stream (after decomposition of logging- related litter.) This can cause both a drop in food supply, and resultant productivity, and a change in types of food available for organisms that normally dominate the lower food chain of streams with an overhanging or adjacent forest canopy.
d. Chemical Contamination Effects
Potential sources of chemical CWEs include run-off from roads treated with oil or other dust-retarding materials, direct application or run-off from pesticide treatments, contamination by equipment fuels and oils, and the introduction of nutrients released during slash burning or wildfire from two or more locations.
e. Peak Flow Effects
CWEs caused by management induced peak flow increases in streams during storm events are difficult to anticipate. Peak flow increases may result from management activities that reduce vegetative water use or produce openings where snow can accumulate (such as clear-cutting and site preparation) or that change the timing of flows by producing more efficient runoff routing (such as insloped roads.) These increases, however, are likely to be small relative to natural peak flows from medium and large storms. Research to date on the effects of management activities on channel conditions indicates that channel changes during storm events are primarily the result of large sediment inputs.
3. Watercourse Condition
The watershed impacts of past upstream and on-site projects are often reflected in the condition of stream channels on the project area. Following is a list of channel characteristics and factors that may be used to describe current watershed conditions and to assist in the evaluation of potential project impacts:
° Gravel Embedded - Spaces between stream gravel filled with sand or finer sediments. Gravel are often in a tightly packed arrangement.
° Pools Filled - Former pools or apparent pool areas filled with sediments leaving few areas of deep or “quiet” water relative to stream flow or size.
° Aggrading - Stream channels filled or filling with sediment that raises the channel bottom elevation. Pools will be absent or greatly diminished and gravel may be embedded or covered by finer sediments. Streamside vegetation may be partially or completely buried, and the stream may be meandering or cutting into its banks above the level of the former streambed. Depositional areas in aggrading channels are often increasing in size and number.
° Bank Cutting - Can either be minor or severe and is indicated by areas of fresh, unvegetated soil or alluvium exposed along the stream banks, usually above the low-flow channel and often with a vertical or undercut face. Severe bank cutting is often associated with channels that are downcutting, which can lead to over-steepened banks, or aggrading, which can cause the channel to migrate against slopes that were previously above the high flow level of the stream.
° Bank Mass Wasting - Channels with landslides directly entering the stream system. Slide movement may be infrequent (single events) or frequent (continuing creep or periodic events).
° Downcutting - Incised stream channels with relatively clean, uncluttered beds cut below the level of former streamside vegetation and with eroded, often undercut or vertical, banks.
° Scoured - Stream channels that have been stripped of gravel and finer bed materials by large flow events or debris torrents. Streamside vegetation has often been swept away, and the channel has a raw, eroded appearance.
° Organic Debris - Debris in the watercourse can have either a positive or negative impact depending on the amount and stability of the material. Some stable organic debris present in the watercourse helps to form pools and retard sediment transport and downcutting in small to medium sized streams with relatively steep gradients. Large accumulations of organic debris can block fish passage, block or divert streamflow, or could be released as a debris flow.
° Stream-Side Vegetation - Stream-side vegetation and near-stream vegetation provide shade or cover to the stream, which may have an impact on water temperature, and provides root systems that stabilize streambanks and floodplains and filter sediment from flood flows.
° Recent Floods - A recent high flow event that would be considered unusual in the project area may have an impact on the current watercourse condition.
B. Soil Productivity
Cumulative soil productivity impacts occur when the effects of two or more activities, from the same or different projects, combine to produce a significant decrease in soil biomass production potential. These impacts most often occur on-site within the project boundary, and the relative severity of productivity losses for a given level of impact generally increases as site quality declines.
The primary factors influencing soil productivity that can be affected by timber operations include:
° Organic matter loss.
° Surface soil loss.
° Soil compaction.
° Growing space loss.
The following general guidelines may be used when evaluating soil productivity impacts.
1. Organic Matter Loss
Displacement or loss of organic matter can result in a long term loss of soil productivity. Soil surface litter and downed woody debris are the store-house of long term soil fertility, provide for soil moisture conservation, and support soil microorganisms that are critical in the nutrient cycling and uptake process. Much of the chemical and microbial activity of the forest nutrient cycle is concentrated in the narrow zone at the soil and litter interface.
Displacement of surface organic matter occurs as a result of skidding, mechanical site preparation, and other land disturbing timber operations. Actual loss of organic matter occurs as a result of burning or erosion. The effects of organic matter loss on soil productivity may be expressed in terms of the percentage displacement or loss as a result of all project activities.
2. Surface Soil Loss
The soil is the storehouse of current and future site fertility, and the majority of nutrients are held in the upper few inches of the soil profile. Topsoil displacement or loss can have an immediate effect on site productivity, although effects may not be obvious because of reduced brush competition and lack of side-by-side comparisons or until the new stand begins to fully occupy the available growing space.
Surface soil is primarily lost by erosion or by displacement into windrows, piles, or fills. Mass wasting is a special case of erosion with obvious extreme effects on site productivity. The impacts of surface soil loss may be evaluated by estimating the proportion of the project area affected and the depth of loss or displacement.
3. Soil Compaction
Compaction affects site productivity through loss of large soil pores that transmit air and water in the soil and by restricting root penetration. The risk of compaction is associated with:
- Depth of surface litter.
- Soil organic matter content.
- Soil texture.
- Soil structure.
- Presence and amount of coarse fragments in the soil.
- Soil moisture status.
Compaction effects may be evaluated by considering the soil conditions, as listed above, at the time of harvesting activities and the proportion of the project area subjected to compacting forces.
4. Growing Space Loss
Forest growing space is lost to roads, landings, permanent skid trails, and other permanent or non-restored areas subjected to severe disturbance and compaction.
The effects of growing space loss may be evaluated by considering the overall pattern of roads, etc., relative to feasible silvicultural systems and yarding methods.
C. Biological Resources
Biological assessment areas will vary with the species being evaluated and its habitat. Factors to consider in the evaluation of cumulative biological impacts include:
1. Any known rare, threatened, or endangered species or sensitive species (as described in the Forest Practice Rules) that may be directly or indirectly affected by project activities.
Significant cumulative effects on listed species may be expected from the results of activities over time which combine to have a substantial effect on the species or on the habitat of the species.
2. Any significant, known wildlife or fisheries resource concerns within the immediate project area and the biological assessment area (e.g. loss of oaks creating forage problems for a local deer herd, species requiring special elements, sensitive species, and significant natural areas).
Significant cumulative effects may be expected where there is a substantial reduction in required habitat or the project will result in substantial interference with the movement of resident or migratory species.
The significance of cumulative impacts on non-listed species viability should be determined relative to the benefits to other non-listed species. For example, the manipulation of habitat results in conditions which discourage the presence of some species while encouraging the presence of others.
3. The aquatic and near-water habitat conditions on the THP and immediate surrounding area. Habitat conditions of major concern are:
° Pools and riffles.
° Large woody material in the stream.
° Near-water vegetation.
Much of the information needed to evaluate these factors is described in the preceding Watershed Resources section. A general discussion of their importance is given below:
a. Pools and Riffles
Pools and riffles affect overall habitat quality and fish community structure. Streams with little structural complexity offer poor habitat for fish communities as a whole, even though the channel may be stable. Structural complexity is often lower in streams with low gradients, and filling of pools can reduce stream productivity.
b. Large Woody Material
Large woody debris in the stream plays an important role in creating and maintaining habitat through the formation of pools. These pools comprise important feeding locations that provide maximum exposure to drifting food organisms in relatively quiet water. Removal of woody debris can reduce frequency and quality of pools.
c. Near-Water Vegetation
Near-water vegetation provides many habitat benefits, including: shade, nutrients, vertical diversity, migration corridors, nesting, roosting, and escape. Recruitment of large woody material is also an important element in maintaining habitat quality.
4. The biological habitat condition of the THP and immediate surrounding area. Significant factors to consider are:
° Snags/den trees
° Downed, large woody debris
° Multistory canopy
° Road density
° Hardwood cover
° Late seral (mature) forest characteristics
° Late seral habitat continuity
The following general guidelines may be used when evaluating biological habitat. The factors described are general and may not be appropriate for all situations. The THP preparer must also be alert to the need to consider factors which are not listed below. Each set of ground conditions are unique and the analysis conducted must reflect those conditions.
a. Snags/Den/Nest Trees: Snags, den trees, nest trees and their recruitment are required elements in the overall habitat needs of more than 160 wildlife species. Many of these species play a vital role in maintaining the overall health of timberlands. Snags of greatest value are > 16" DBH and 20 feet in height. The degree of snag recruitment over time should be considered. Den trees are partially live trees with elements of decay which provide wildlife habitat. Nest trees have importance to birds classified as a sensitive species.
b. Downed large, woody debris: Large downed logs (particularly conifers) in the upland and near-water environment in all stages of decomposition provide an important habitat for many wildlife species. Large woody debris of greatest value consists of downed logs > 16" diameter at the large end and > 20 feet in length.
c. Multistory canopy: Upland multistoried canopies have a marked influence on the diversity and density of wildlife species utilizing the area. More productive timberland is generally of greater value and timber site capability should be considered as a factor in an assessment. The amount of upland multistoried canopy may be evaluated by estimating the percent of the stand composed of two or more tree layers on an average per acre basis.
Near-water multistoried canopies in riparian zones that include conifer and hardwood tree species provide an important element of structural diversity to the habitat requirements of wildlife. Near-water multistoried canopy may be evaluated by estimating the percentage of ground covered by one or more vegetative canopy strata, with more emphasis placed on shrub species along Class III and IV streams (14 CCR 916.5, 936.5, 956.5).
d. Road Density: Frequently traveled permanent and secondary roads have a significant influence on wildlife use of otherwise suitable habitat. Large declines in deer and bear use of areas adjacent to open roads are frequently noted. Road density influence on large mammal habitat may be evaluated by estimating the miles of open permanent and temporary roads, on a per-section basis, that receive some level of maintenance and are open to the public. This assessment should also account for the effects of vegetation screening and the relative importance of an area to wildlife on a seasonal basis (e.g. winter range).
e. Hardwood Cover: Hardwoods provide an important element of habitat diversity in the coniferous forest and are utilized as a source of food and/or cover by a large proportion of the state's bird and mammal species. Productivity of deer and other species has been directly related to mast crops. Hardwood cover can be estimated using the basal area per acre provided by hardwoods of all species.
Post-harvest deciduous oak retention for the maintenance of habitats for mule deer and other hardwood-associated wildlife shall be guided by the Joint Policy on Hardwoods between the California Board of Forestry and California Fish and Game Commission (5/9/94). To sustain wildlife, a diversity of stand structural and seral conditions, and tree size and age classes of deciduous oaks should be retained in proportions that are ecologically sustainable. Regeneration and recruitment of young deciduous oaks should be sufficient over time to replace mortality of older trees. Deciduous oaks should be present in sufficient quality and quantity, and in appropriate locations to provide functional habitat elements for hardwood-associated wildlife.
f. Late Seral (Mature) Forest Characteristics: Determination of the presence or absence of mature and over- mature forest stands and their structural characteristics provides a basis from which to begin an assessment of the influence of management on associated wildlife. These characteristics include large trees as part of a multilayered canopy and the presence of large numbers of snags and downed logs that contribute to an increased level of stand decadence. Late seral stage forest amount may be evaluated by estimating the percentage of the land base within the project and the biological assessment area occupied by areas conforming to the following definitions:
Forests not previously harvested should be at least 80 acres in size to maintain the effects of edge. This acreage is variable based on the degree of similarity in surrounding areas. The area should include a multi-layered canopy, two or more tree species with several large coniferous trees per acre (smaller subdominant trees may be either conifers or hardwoods), large conifer snags, and an abundance of large woody debris.
Previously harvested forests are in many possible stages of succession and may include remnant patches of late seral stage forest which generally conform to the definition of unharvested forests but do not meet the acreage criteria.
g. Late Seral Habitat Continuity: Projects containing areas meeting the definitions for late seral stage characteristics must be evaluated for late seral habitat continuity. The fragmentation and resultant isolation of late seral habitat types is one of the most significant factors influencing the sustainability of wildlife populations not adapted to edge environments.
This fragmentation may be evaluated by estimating the amount of the on-site project and the biological assessment area occupied by late seral stands greater than 80 acres in size (considering the mitigating influence of adjacent and similar habitat, if applicable) and less than one mile apart or connected by a corridor of similar habitat.
h. Special Habitat Elements: The loss of a key habitat element may have a profound effect on a species even though the habitat is otherwise suitable. Each species may have several key limiting factors to consider. For example, a special need for some large raptors is large decadent trees/snags with broken tops or other features. Deer may have habitat with adequate food and cover to support a healthy population size and composition but dependent on a few critical meadows suitable for fawning success. These and other key elements may need special protection.
D. Recreational Resources: The recreational assessment area is generally the area that includes the logging area plus 300 feet.
To assess recreational cumulative impacts:
1. Identify the recreational activities involving significant numbers of people in and within 300 feet of logging area (e.g., fishing, hunting, hiking, picnicking, camping).
2. Identify any recreational Special Treatment Areas described in the Board of Forestry rules on the plan area or contiguous to the area.
E. Visual Resources: The visual assessment area is generally the logging area that is readily visible to significant numbers of people who are no further than three miles from the timber operation. To assess visual cumulative effects:
1. Identify any Special Treatment Areas designated as such by the Board of Forestry because of their visual values.
2. Determine how far the proposed timber operation is from the nearest point that significant numbers of people can view the timber operation. At distances of greater than 3 miles from viewing points, activities are not easily discernible and will be less significant.
3. Identify the manner in which the public identified in 1 and 2 above will view the proposed timber operation (from a vehicle on a public road, from a stationary public viewing point or from a pedestrian pathway).
F. Vehicular Traffic Impacts: The traffic assessment area involves the first roads not part of the logging area on which logging traffic must travel. To assess traffic cumulative effects:
1. Identify whether any publicly owned roads will be used for the transport of wood products.
2. Identify any public roads that have not been used recently for the transport of wood products and will be used to transport wood products from the proposed timber harvest.
3. Identify any public roads that have existing traffic or maintenance problems.
4. Identify how the logging vehicles used in the timber operation will change the amount of traffic on public roads, especially during heavy traffic conditions.
NOTE

Authority cited: Sections 4551, 4551.9 and 21080.5, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4551.9, 4582.6, 21000(g), 21002 and 21080.5, Public Resources Code; Natural Resources Defense Council, Inc. v. Arcata Nat. Corp. (1976) 59 Cal.App.3d 959; 131 Cal.Rptr. 172; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.
HISTORY

1. New section, Technical Rule Addendum #2, and Appendix filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
2. Editorial correction (Register 97, No. 48).
3. Amendment of section and Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment filed 12-2-99; operative 1-1-2000 pursuant to Government Code section 11343.4(a) and Public Resources Code section 4554.5 (Register 99, No. 49).  
5. Amendment of appendix technical rule addendum #2, paragraph c.4.e. filed 11-18-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5  (Register 2002, No. 47).
6. Amendment filed 10-28-2004; operative 1-1-2005 (Register 2004, No. 44).
§932.10. Pacific Yew. [Repealed]
Note     •     History

HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
Article 3. Silvicultural Methods
§933. Silvicultural Objectives.
Note     •     History

The objectives of this article are to describe standard silvicultural systems and to provide for alternatives that when applied shall meet the objectives of the FPA (PRC 4512 and 4513).  The RPF shall select systems and alternatives which provide for maximum sustained production of high quality timber products.
The THP shall designate one or a combination of regeneration methods, prescriptions or intermediate treatments described by this article. If a method, prescription or treatment not defined in the rules (see 14 CCR 895.1), is to be used an alternative prescription shall be included in the plan.
The assessment of maximum sustained production of high quality timber products is guided by:
(a) Regeneration methods, intermediate treatments and prescriptions described in the rules which establish standards.  These methods, treatments, prescriptions, and standards shall not be utilized to permit harvesting of growing stock in a manner that will significantly delay reaching or maintaining maximum sustained production.
(b) Published yield tables or other tools which can be validated and which serve as a point of reference for evaluating and selecting silvicultural systems and their implementation.
(c) The Sustained Yield Plan.  The SYP establishes the flow of forest products from managed timberlands, and shall demonstrate the achievement of maximum sustained production.
(d) An assessment of maximum sustained production of high quality timber products is not required for a harvest designated as, and meeting the definition of fuelbreak/defensible space under 14 CCR 913.4 [933.4, 953.4] Special Prescriptions. Because these lands are designated as defensible space areas, the wood production potential of these lands is compatible with the lowest site classifications and they shall be considered site IV timberland for stocking purposes.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5 and 4561, Public Resources Code.
HISTORY

1. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). 
2. Amendment of section heading and section filed 1-7-94; operative 3-1-94 (Register 94, No. 1). 
3. Amendment filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
4. New subsection (d) filed 11-19-97; operative 1-1-98 (Register 97, No. 47).
§933.1. Regeneration Methods Used in Evenaged Management.
Note     •     History

The following types of regeneration methods are designed to replace a harvestable stand with well spaced growing trees of commercial species.  Evenaged management systems shall be applied with the limitations described by this rule:
(a) Timber stands harvested under an evenaged regeneration method shall meet the following standards:
(1) Where a regeneration step harvest of evenaged management will occur on stands younger than 50 years of age for Class I lands, 60 years of age for Class II and III lands, or 80 years of age for Class IV and V lands, or equivalent age of trees, based on height, as determined according to the appropriate site class, the RPF preparing the THP or SYP must demonstrate how the proposed harvest will achieve MSP pursuant to 14 CCR §933.11(a) or (b) provided, however, that the Director may grant an exemption from this section based upon hardship.
(2) The regeneration harvest of evenaged management shall be limited to 20 acres for tractor yarding.  Aerial or cable yarding may be 30 acres.  Tractor yarding may be increased to 30 acres where the EHR is low and the slopes are < 30%.  The RPF may propose increasing these acreage limits to a maximum of 40 acres, and the Director may agree where measures  contained in the THP provide substantial evidence that the increased acreage limit does any one of the following:
(A) by using additional on-site mitigation measures, reduces the overall detrimental effects of erosion thereby providing better protection of soil, water, fish and/or wildlife resources; or 
(B) provide for the inclusion of “long corners”, or
(C) create a more natural logging unit by taking maximum advantage of the topography; or
(D) will increase long-term sustained yield; or
(E) provide feasible off-site mitigation measures that can be incorporated in the plan to restore or enhance previously impacted resource areas or other environmental enhancements that will result in demonstrable net environmental benefits within the planning watershed.  These measures may include, but are not limited to, watercourse restoration, soil stabilization, road surface stabilization, road outsloping, road abandonment, road reconstruction, enhancement of wildlife habitats and vegetation management.
To qualify for an exemption, the plan submitter is not required to demonstrate that other feasible options are not available.
(3) Evenaged regeneration units within an ownership shall be separated by a logical logging unit that is at least as large as the area being harvested or 20 acres, whichever is less, and shall be separated by at least 300 feet in all directions.
(4) Within ownership boundaries, no logical logging unit contiguous to an evenaged management unit may be harvested using an evenaged regeneration method unless the following are met:
(A) The prior evenaged regeneration unit has an approved report of stocking, and the dominant and codominant trees average at least five feet tall or are at least five years of age from the time of establishment on the site, either by the planting or by natural regeneration.  If these standards are to be met with trees that were present at the time of the harvest, there shall be an interval of not less than five years following the completion of operations before adjacent evenaged management may occur.
(5) Except for the clearcut method, all trees to be harvested or all trees to be retained shall be marked by, or under the supervision of, an RPF prior to felling operations.  A sample area shall be marked prior to a preharvest inspection.  The sample area shall include at least 10% of the harvest area up to a maximum of 20 acres per stand type, and must be representative of the range of conditions present in the area.  The marking requirement may be waived by the Director if the trees to be harvested are easily distinguished from the trees to be retained, when explained and justified by the RPF in the plan.
(6) Special consideration for aesthetic enjoyment shall be given to selection of silvicultural treatments and timber operations within 200 feet of the edge of the traveled surface of any permanent road maintained by the County or the State.
(7) Special consideration for aesthetic enjoyment and protection of adjacent stand vigor shall be given to the selection of silvicultural methods and timber operations within 200 feet of adjacent non-federal lands not zoned TPZ.
(b) Clearcutting. The clearcutting regeneration method involves the removal of a stand in one harvest.  Regeneration after harvesting shall be obtained by direct seeding, planting, sprouting, or by natural seed fall.  When practical, clearcuts shall be irregularly shaped and variable in size in order to mimic natural patterns and features found in landscapes.  Site preparation and slash disposal measures, if necessary for successful regeneration, shall be described in the plan.
(c) Seed Tree.  The seed tree regeneration method involves the removal of a stand in one harvest except for well distributed seed trees of desired species which are left singly or in groups to restock the harvested area.  The seed step is utilized to promote natural reproduction from seed and to initiate the establishment of an evenaged stand.  The removal step may be utilized to remove the seed trees after a fully stocked stand of reproduction has become established.
(1) Seed Tree Seed Step.
The seed tree seed step is the regeneration step and shall meet the following requirements:
(A) Retention of at least the following basal area of seed trees per acre which are 18 inches dbh or greater:
1. Fifteen square feet basal area on site I, II and III lands and
2. Twelve square feet basal area on site IV and V lands.
The seed trees must be of full crown, capable of seed production and representative of the best phenotypes available in the preharvest stand.
(B) No point within the logged area shall be more than 150 feet from a seed tree.
(C) Seed tree species and site preparation measures shall be specified in the plan by the RPF.
(D) Seed trees shall be marked by or under the supervision of an RPF prior to felling operations.
(E) If natural regeneration is inadequate within two years after the first August following completion of timber operations, seed trees may be harvested and artificial regeneration shall be used to meet the requirements of 14 CCR §932.7(b)(1).  
(F) In the absence of a Sustained Yield Plan, to maintain and improve tree species diversity, genetic material and seed production, trees of each native commercial species where present at the time of harvest shall be retained after harvest.  These leave trees shall be representative of the best phenotypes available in the preharvest stand.  The RPF may propose and the Director may agree to a species specific plan in the THP which protects existing regeneration or provides for regeneration in-lieu of retaining trees.
(2) Seed Tree Removal Step.
Not more than 15 predominant trees per acre may be removed in the seed tree removal step.  Not more than 50 sq. ft. of basal area of predominant trees per acre may be removed in the seed tree removal step.  The seed tree removal step may be utilized when the regeneration present exceeds the minimum stocking requirements set forth in 14 CCR §932.7(b)(1). Regeneration shall not be harvested under the seed tree method unless the trees are dead, dying or diseased or substantially damaged during timber operations.  The minimum stocking standards of 14 CCR §932.7(b)(1) shall be met immediately upon completion of operations.  The seed tree removal step shall only be used once in the life of the stand unless otherwise agreed to by the Director.  If the extent and intensity of the soil and vegetation disturbance caused by the harvest is similar to what would have been caused by a clearcut, the size limitations, separation (spacing) by logical logging unit requirements, and yarding equipment limitations of 14 CCR §933.1(a) are applicable.
(d) Shelterwood. The shelterwood regeneration method reproduces a stand via a series of harvests (preparatory, seed, and removal).  The preparatory step is utilized to improve the crown development, seed production capacity and wind firmness of designated seed trees.  The seed step is utilized to promote natural reproduction from seed.  The removal step is utilized when a fully stocked stand of reproduction has become established, and this step includes the removal of the protective overstory trees.  
The shelterwood regeneration method is normally utilized when some shade canopy is considered desirable for the establishment of regeneration.
(1) Shelterwood Preparatory Step.  The shelterwood preparatory step shall meet the following minimum standards:
(A) At least the following basal area of seed trees per acre which are 18 inches dbh or greater shall be retained.  
1. Thirty square feet basal area on site I, II and III lands and
2. Twenty four square feet basal area on site IV and V lands.
The seed trees must be of full crown, capable of seed production and representative of the best phenotypes available in the preharvest stand.
(B) No point within the logged area shall be more than 100 feet from a seed tree.
(C) Seed tree species shall be specified in the plan by the RPF.
(D) At least 100 square feet of basal area per acre on Site I lands, and 75 square feet of basal area per acre on Site II and III lands and 50 sq. ft. of basal area per acre on site IV and V lands shall be retained.
(E) The minimum stocking standards of 14 CCR §932.7(b)(1) shall be met immediately upon completion of operations. Within six months following completion of work described in the plan, a report of stocking shall be filed as stated in PRC §4587.
(2) Shelterwood Seed Step.  The shelterwood seed step is the regeneration step and shall meet the following standards:
(A) At least the following basal area of seed trees per acre which are 18 inches dbh or greater shall be retained
1. Thirty square feet basal area on site I, II and III lands and
2. Twenty four square feet basal area on site IV and V lands.
The seed trees must be of full crown, capable of seed production and representative of the best phenotypes available in the preharvest stand.
(B) No point within the logged area shall be more than 100 feet from a seed tree.
(C) Seed tree species and site preparation measures shall be specified in the plan by the RPF.
(D) Seed trees shall be marked by or under the supervision of an RPF prior to felling operations.
(E) If natural regeneration is inadequate within two years after the first August following completion of timber operations, seed trees may be harvested and artificial regeneration shall be used to meet the requirements of 14 CCR §932.7(b)(1).
(F) In the absence of a Sustained Yield Plan, to maintain and improve tree species diversity, genetic material and seed production, trees of each native commercial species where present at the time of harvest shall be retained after harvest.  These leave trees shall be representative of the best phenotypes available in the preharvest stand.  The RPF may propose and the Director may agree to a species specific plan in the THP which protects existing regeneration or provides for regeneration in-lieu of retaining trees.
(3) Shelterwood Removal Step. The shelterwood removal step may be utilized when the regeneration present exceeds the minimum stocking requirements set forth in 14 CCR §932.7(b)(1). Unless otherwise agreed to by the Director, the Shelterwood removal shall only be used once in the life of the stand.  Regeneration shall not be harvested during the shelterwood removal step unless the trees are dead, dying or diseased or substantially damaged by timber operations. The minimum stocking standards of 14 CCR §932.7(b)(1) shall be met immediately upon completion of operations.
If the extent and intensity of the ground disturbance caused by the harvest is essentially the same as would have been caused by a clearcut or will cause adverse cumulative effects on wildlife as determined by the RPF or Director the size limitations, and separation (spacing) by logical logging unit requirements, of 14 CCR §933.1(a) are applicable unless the post-harvest stand, regardless of average diameter, meets the stocking standards of 14 CCR §933.3(a)(1)(A) or (B).
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561, 4582(h) and 4587, Public Resources Code.
HISTORY

1. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
2. Change without regulatory effect filed 5-24-89 (Register 89, No. 23).
3. Editorial correction of subsection (b)(2) (Register 91, No. 28).
4. Amendment of section heading and section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
5. Repealer of emergency amendments filed 11-25-91 and reinstatement of prior text filed 9-22-92 by operation of Government Code section 11346.1(f) (Register 92, No. 40).
6. Amendment filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
7. Amendment of subsections (a)(1)-(2)(A), (a)(4)(A) and (d)(3) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
8. Amendment of subsection (a)(4)(A) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
9. Editorial correction of subsection (a)(2)(B) and restoring text inadvertently deleted from last paragraph (Register 96, No. 50).
10. Amendment of subsections (a)(5), (c)(1)(D) and (d)(2)(D) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
11. Editorial correction deleting last sentence (Register 99, No. 26).
12. Amendment filed 11-14-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 46).
§933.1.5. Regeneration Methods Used in Even-Aged Management and Limitations. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4553, 4561, and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4561 and 4582(h), Public Resources Code. 
HISTORY

1. New section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer of emergency adoption filed 11-25-91 by operation of Government Code section 11346.1(g) (Register 92, No. 40).
§933.2. Regeneration Methods Used in Unevenaged Management.
Note     •     History

Unevenaged management is utilized to establish and maintain an unevenaged stand structure. Unevenaged management attributes include the establishment and/or maintenance of a multi-aged, balanced stand structure, promotion of growth on leave trees throughout a broad range of diameter classes, and encouragement of natural reproduction.
(a) Selection. Under the selection regeneration method, the trees are removed individually or in small groups sized from .25 acres to 2.5 acres.
(1) Trees to be harvested or trees to be retained shall be marked by or under the supervision of the RPF prior to felling operations. When openings greater than .25 acres will be created, the boundaries of the small group(s) may be designated in lieu of marking individual trees within the small group areas. A sample area must be marked prior to a preharvest inspection for evaluation. The sample area shall include at least 10% of the harvest area up to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area.
(2) Post harvest stand stocking levels shall be stated in the THP. The level of residual stocking shall be consistent with maximum sustained production of high quality timber products. In no cases shall stocking be reduced below the following standards:
(A) Selection System.
1. On Site I lands at least 100 square feet per acre of  basal area shall be retained.
2. On Site II and III lands at least 75 square feet per acre of basal area shall be retained.
3. On Site IV and V lands at least 50 square feet per acre of basal area shall be retained.
4. Unless the plan submitter demonstrates how the proposed harvest will achieve MSP pursuant to 14 CCR §933.1(a) or (b), the residual stand shall contain sufficient trees to meet at least the basal area, size, and phenotypic quality of tree requirement specified under the seed tree method.
(B) Group Selection.
1. At least 80% of the stocked plots must meet the Basal Area standards of 14 CCR §933.2(a)(2)(A).
2. Not more than 20% of the stocked plots may meet stocking standards utilizing the 300 point count standard with trees that are at least 10 (ten) years old.
3. An RPF or supervised designee may offset up to 8 plots per 40 plots where those plot centers are initially placed within small group clearings created during the current harvest. Unless substantially damaged by fire, the RPF or supervised designee shall not exclude small group clearings created by previous timber harvesting from the stocking survey.
4. Unless the plan submitter demonstrates how the proposed harvest will achieve MSP pursuant to 14 CCR §933.11(a) or (b), the residual stand shall contain sufficient trees to meet at least the basal area, size, and phenotypic quality of tree requirement specified under the seed tree method.
(3) Within any THP, small group clearings under the selection method shall be separated by a logical logging area.
(4) Following completion of timber operations (including site preparation) not more than 20 percent of the THP area harvested by this method shall be covered by small group clearings.
(5) Exceptions to stocking standards in 14 CCR §933.2(a)(2) above may be granted only when proposed by the RPF and explained and justified in the plan, but in no case will the exceptions be less than those specified in 14 CCR §932.7(b)(2). Exceptions may only be granted when the RPF clearly demonstrates that the existing stand will grow substantially less than both the potential site productive capacity and the proposed post harvest stand.
(b) Transition. The transition method may be used to develop an unevenaged stand from a stand that currently has an unbalanced irregular or evenaged structure. The transition method involves the removal of trees individually or in small groups from irregular or evenaged stands to create a balanced stand structure and to obtain natural reproduction.
(1) Area for determination of preharvest seed tree retention levels shall be no greater than 20 acres in size.
(2) This method is to be used to increase stocking and improve the balance of age classes so as to allow the residual stand to be managed by the selection regeneration method. This method shall not be used more than two times for a stand. The RPF shall delineate areas previously treated by the transition method on the plan map.
(3) Stands suitable for the transition method contain adequate quantity and quality of seed producing trees to provide adequate regeneration for new age classes. Stands suitable for this method shall have no more than 50 sq. ft. of basal area greater than the selection basal area standards.
(4) Trees to be harvested or trees to be retained shall be marked by or under the supervision of a RPF before felling operations. A sample area must be marked before the preharvest inspection for evaluation. The sample area shall include at least 10% of the harvest area up to a maximum of 20 acres per stand type which is representative of the range of conditions present.
(5) Immediately following the completion of timber operations, the minimum basal area standards in 14 CCR §932.7(b)(2) shall be met.
(6) The post harvested residual stand shall contain at least 15 square feet of basal area per acre of seed trees at least 12 inches dbh or greater for timber sites I, II or III; or 12 square feet of basal area per acre of seed trees 12 inches dbh or greater for timber sites IV or V. Unless obviously stocked, these basal area requirements will be determined from sampling averaged across each harvested area required in 14 CCR § 933.2(b)(1). Unless the plan submitter demonstrates how the proposed harvest will achieve MSP pursuant to 14 CCR § 933.11(a) or (b), where present in the preharvest stand, disease free, undamaged seed trees 18 inches dbh or greater shall be retained post harvest until the stand exceeds the minimum seed tree requirements of 14 CCR § 933.1(c)(1)(A). The seed trees shall be full crown, capable of seed production and representative of the best phenotypes available in the present stand.
(7) Following completion of timber operations (including site preparation) not more than 20 percent of the Plan area harvested by this method shall be occupied by small group clearings.
(8) The Plan Submitter must provide the Director sufficient information such as growth and stand description to demonstrate that the standards of the selection regeneration method will be met by the third and subsequent entries of Plan areas harvested by the transition method.
(c) Within six months following completion of timber operations conducted pursuant to the selection and transition methods as described in the plan, a report of stocking shall be filed as stated in PRC Section 4587.
(d) In the absence of a Sustained Yield Plan, to maintain and improve tree species diversity, genetic material, and seed production, trees of each native commercial species where present at the time of harvest shall be retained after harvest. These leave trees shall be representative of the best phenotypes available in the preharvest stand. The RPF may propose and the Director may agree to a species specific plan in the THP which protects existing regeneration or provides for regeneration in-lieu of retaining trees.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561, 4582(h) and 4587, Public Resources Code.
HISTORY

1. Repealer and  new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
2. Change without regulatory effect filed 5-24-89 (Register 89, No. 23).
3. Editorial correction of subsection (c) (Register 91, No. 28).
4. Amendment of section heading and section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
5. Amendment of subsections (a)(2)(A)4, (a)(2)(B)2 and 4 and (b)(5) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
6. Amendment of subsections (a)(2)(B)3. and (b)(3) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
7. Editorial correction of subsection (a)(2)(B)3. (Register 97, No. 48).
8. Amendment filed 11-14-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 46).
9. New subsection (b)(1), subsection renumbering, amendment of newly designated subsections (b)(2)-(7), repealer of former subsections (b)(7)-(b)(7)(A), redesignation and amendment of former subsection (b)(7)(B) as new subsection (b)(8) and amendment of Note filed 11-16-2005; operative 1-1-2006 (Register 2005, No. 46).
§933.2.5. Even-Aged Size Limits. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4553 and 4561, Public Resources Code. Reference: Sections 4512, 4513, 4561, 4582(h) and 21001, Public Resources Code. 
HISTORY

1. New section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer of emergency adoption filed 11-25-91 by operation of Government Code section 11346.1(g) (Register 92, No. 40).
§933.3. Intermediate Treatments.
Note     •     History

(a) Commercial Thinning. Commercial thinning is the removal of trees in a young-growth stand to maintain or increase average stand diameter of the residual crop trees, promote timber growth, and/or improve forest health. The residual stand shall consist primarily of healthy and vigorous dominant and codominant trees from the preharvest stand.
(1) Post harvest stand stocking levels shall be stated in the THP. The level of residual stocking shall be consistent with maximum sustained production of high quality timber products. Generally stands will develop stand structures with considerably higher levels of basal area than provided in these minimum standards as stand age increases. In no case shall stocking be reduced below the following standards:
(A) Where the preharvest dominant and codominant crown canopy is occupied primarily by trees greater than 14 inches DBH:
1. On Site I mixed conifer lands at least 125 sq.ft. per acre of basal area shall be left, and on Site I lands where greater than 50%  of the basal area is pine, at least 100 square feet per acre of basal area shall be left.
2. On Site II mixed conifer lands at least 100 sq.ft. per acre of basal area shall be left, and on Site II lands where greater than 50% of the basal area is pine, at least 75 square feet per acre of basal area shall be left.
3. On Site III mixed conifer lands at least 75 sq.ft. per acre of basal area shall be left, and on Site III lands where greater than 50% of the basal area is pine, at least 75 square feet per acre of basal area shall be left.
4. On Site IV and V mixed conifer lands, at least 50 sq.ft. per acre of basal area shall be left, and on Site IV and V lands  where greater than 50% of the basal area is pine at least 50 square feet per acre of basal area shall be left.
(B) Where the preharvest dominant and codominant crown canopy is occupied primarily by trees less than 14 inches DBH, a minimum of 100 trees per acre over 4 inches DBH shall be retained for site I, II and III. For site IV and V 75 trees per acre over 4 inches DBH shall be retained.
(2) Exceptions to these stocking standards may be proposed by the RPF when explained and justified in the plan, but in no case will the standards be below those specified in 14 CCR 932.7(b)(2).
(3) For stands harvested in compliance wit 14 CCR 933.3(a)(1)(A), the trees to be harvested or the trees to be retained shall be marked by or under the supervision of an RPF prior to felling operations. For all thinning proposals, a sample area must be marked prior to a preharvest inspection for evaluation. The sample area shall include at least 10% of the thinning area up to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area. The Director may waive the marking requirements for the remainder of the THP area when explained and justified in the THP.
(4) Within six months following completion of timber operations as described in the plan, a report of stocking shall be filed as stated in PRC Section 4587.
(b) Sanitation-Salvage. Sanitation is the removal of insect-attacked or diseased trees in order to maintain or improve the health of the stand. Salvage is the removal of only those trees which are dead, dying or deteriorating, because of the damage from fire, wind, insects, disease, flood or other injurious agents. Salvage provides for the economic recovery of trees prior to a total loss of their wood product value. Sanitation and salvage may be combined into a single operation. The following requirements apply to the use of the sanitation-salvage treatment:
(1) The RPF shall estimate in the THP the expected level of stocking to be retained upon completion of operations.
(2) Immediately upon completion of operations, the area shall meet the stocking standards of 14 CCR 932.7(b) unless explained and justified in the plan. If stocking is to be met immediately following completion of timber operations,  a report of stocking shall be filed within six months of completion. If this standard cannot be met, the area must be planted during the first planting season following completion of operations and the minimum stocking standards of 14 CCR 932.7(b)(1) must be met within 5 years following completion of operations.
(3) Trees to be harvested or trees to be retained shall be marked by or under the supervision of an RPF prior to felling operations. When openings greater than .25 acres will be created, the boundaries of the small group(s) may be designated in lieu of marking individual trees within the small group areas. A sample area must be marked prior to a preharvest inspection for evaluation. The sample area shall include at least 10% of the area, up to a maximum of 20 acres per stand type, whichever is less, which is representative of the range of conditions present in the area. The Director may waive the marking requirement for the remainder of the THP area when explained and justified in the THP.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4582(d), (h) and 4587, Public Resources Code.
HISTORY

1. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
2. New subsection (c) filed 1-23-85; effective thirtieth day thereafter (Register 85, No. 4).
3. Change without regulatory effect of subsections (a)(2) and (c)(2) filed 5-24-89 (Register 89, No. 23).
4. Editorial correction of subsections (a)(2) and (c)(2)(B) (Register 91, No. 28).
5. Amendment filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
6. Editorial correction of subsections (a)(1)(B) and (b)(2) (Register 96, No. 50).
7. Amendment of subsections (a)(3) and (b)(3) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
8. Editorial correction of subsections (a)(1)(A)1.-2. (Register 2005, No. 5).
§933.4. Special Prescriptions.
Note     •     History

The following special harvesting methods are appropriate under certain conditions:
(a) Special Treatment Area Prescriptions. Special consideration in Special Treatment Areas shall be given to selection of a regeneration method or intermediate treatment compatible with the objectives for which the special area was established. Such areas shall be identified in the plan. To assure the integrity of legally designated historical and archaeological sites and legally designated ecological reserves, and that the objectives of the special treatment areas are met, the RPF and the Director may agree, after on-the-ground inspection, if requested by either party, on specific silvicultural and logging practices to protect such areas. The Director shall notify affected agencies or groups with expertise in the resource involved in the special treatment area of any such areas located during the THP review process.
(b) Rehabilitation for Understocked Area Prescription. Rehabilitation is a procedure for restoring and enhancing the productivity of commercial timberlands which do not meet the stocking standards in 14 CCR 952.7, prior to any timber operations. On such lands an area may be harvested provided it is restocked in accordance with Subsections (1) or (2). To facilitate restocking, a regeneration plan must be included in the THP. The regeneration plan shall include site preparation, method of regeneration, and other information appropriate to evaluate the plan.
(1) If the area meets the standards of 14 CCR 932.7 within five years of completion of timber operations, the area shall be considered acceptably stocked, or shall be considered acceptably stocked if it contains at least 10 planted countable trees for each tree harvested on sites I, II, and III, and 5 planted countable trees for each tree harvested on site IV and V.
(2) On understocked timber lands where no countable conifer trees are to be harvested and the broadleaf species are not designated for management, the area shall be planted to equal or exceed the stocking standards of 14 CCR 932.7(b)(1) and shall be considered acceptably stocked if within five years of completion of timber operations it contains at least an average point count of 150 of Group A species on all site classifications.
(c) Fuelbreak/Defensible Space. Where some trees and other vegetation and fuels are removed to create a shaded fuel break or defensible space in an area to reduce the potential for wildfires and the damage they might cause. Minimum stocking standards within the timber operating area shall be met immediately after harvest and shall be those found in 14 CCR 932.7. The RPF shall describe in the plan specific vegetation and fuels treatment, including timing, to reduce fuels to meet the objectives of the Community Fuelbreak area.
(d) Variable Retention. Variable retention is an approach to harvesting based on the retention of structural elements or biological legacies (trees, snags, logs, etc.) from the pre-harvest stand for integration into the post-harvest stand to achieve various ecological, social and geomorphic objectives. The major variables in the variable retention harvest system are retention types, densities, and spatial arrangement of retained structures; aggregated retention is the retention of structures or biological legacies as intact forest patches within the harvest unit; dispersed retention is the retention of structures or biological legacies in a dispersed or uniform pattern. Retained trees may be intended to become part of future stands managed by the Selection regeneration method. Retained trees are often designated as decadent tree or snag recruitment hence not ever intended for harvest. Regeneration after harvest outside of aggregated retention patches may be obtained by direct seeding, planting, sprouting, or by natural seedfall. 
(1) In the plan, the RPF shall describe in sufficient detail to provide for review and evaluation: the trees and elements retained, the objectives intended to be achieved by retention, the distribution and quantity of retained trees, the intended time period of retention, and any potential future conditions or events the RPF believes would allow harvest of retained trees. The RPF may explain and justify, and the Director may approve a plan which indicates up to 50% of retained trees are intended for harvest during future Intermediate Treatments of the regenerated portion of the harvest area where such harvest(s) are consistent with stated Variable Retention objectives. 
(2) The retention standards for Dispersed Retention shall be measured in average basal area per acre. Where retention is aggregated in groups (greater than or equal to one-tenth acre), percentage of harvest unit area shall be the standard. Sum of all areas within groups divided by harvest unit acres will be used to determine percentage of aggregated retention in the harvest unit. Area and trees located within any standard width WLPZ will be excluded from calculating retention. 
(3) The following retention standards shall be met: 
(A) Minimum dispersed Variable Retention standard is 20 percent of the Resource Conservation Standards basal area levels stated in 14 CCR § 932.7(b) (2), 10 percent of harvest area in aggregated retention or combinations thereof. Variable Retention harvests at the minimum retention level shall be limited to 30 acres. 
(B) Table 1 shall be used for Determining the Maximum Size Harvest Area for Variable Retention. For areas with a combination of dispersed and aggregated retention types for determination of permissible unit size, the percentage of basal area in dispersed retention portions of the combination area may be reduced proportionately to the area in aggregated retention indicated in Table 1. 

Table 1 

	Dispersed Retention	Aggregated 	Maximum Size
		Retention 	 Harvest Area

>20% of 932.7(b)(2)	 >10% Area	30 Acres

>30% of 932.7(b)(2)	>15% Area	40 Acres

>35% of 932.7(b)(2)	>20% Area	60 Acres

>45% of 932.7(b)(2)  	>25% Area	80 Acres

>55% of 932.7(b)(2)	>30% Area	120 Acres

>75% of 932.7(b)(2)	>40% Area	200 Acres 

(C) Aggregated retention areas that conform to the definition of Late Succession Forest Stands under 14 CCR § 895.1, with the exception of the minimum 20 acre threshold size, may be counted as contributing 1.5 times the acres they actually occupy toward providing retention. 
(D) Retention trees classified as Dunning's Class 3, 4, 5, or 7 which exceed the size standards of 14 CCR § 932.7 may be counted as contributing 1.5 times their actual basal area toward providing retention. 
(E) Retention standards shall be met on each 20-acre maximum area(s) within each harvest unit. Retention standards may be met by either dispersed, aggregated or a combination of the two types of retention. 
(F) Unless explained and justified by the RPF in the plan, and approved by the Director, no point within the harvest area where retention standards are met by dispersed retention shall be more than 300 feet from a retention tree. 
(G) With the exception of 14 CCR § 933.4(d)(3)(J) below, the average height of dispersed retention trees shall be at least (the average height of dominants and codominants of like species in the pre-harvest stand. 
(H) For areas where the plan relies on natural seedfall to obtain regeneration, dispersed retention trees shall meet the standards of 14 CCR §933.1(c)(1). Where retention is aggregated, retained aggregates shall meet the standards of Commercial Thinning required under 14 CCR §933.3(a) including (a)(1)(A) or (a)(1)(B). 
(I) Where specific WHR habitat elements are insufficient to provide functional wildlife habitat, the RPF may explain and justify and the Director may approve alternatives to the standards of subsections 14 CCR § 933.4(d)(3)(G) and (H). 
(J) Decadent and Deformed Trees of Value to Wildlife, and Snags which meet the standards of 14 CCR § 932.7(b)(3)(A,B or C) and 14 CCR § 932.7(c) may be counted to meet up to 15 square feet of basal area per acre of retention in excess of the minimum variable retention standards (ref. 14 CCR § 933.4(d)(3)(A)). 
(K) Trees shall be retained for at least 50 years unless a shorter period of time is described in the plan, explained and justified by the RPF, and approved by the Director. 
(4) Retention standards shall be met immediately after harvest and if retention trees are to be used to meet stocking, at the time the stocking report is approved. 
(5) The stocking standards of 14 CCR § 932.7(b)(1) within five years following completion of operations. 
(6) Retention trees shall be protected to the extent feasible during timber operations consistent with 14 CCR §§ 934.1; 934.2(e); 934.3; 935.2; 935.3 and 937.7. 
(7) The plan shall indicate the estimated average pre-harvest and post-harvest basal area by species and diameter class. Diameter class designations shall be grouped in no greater than 6” classes. 
(8) Where retention is aggregated in groups, the RPF shall provide in the plan a general description of group locations and/or a map showing the approximate location of the groups. This information shall be provided for each logging unit. 
(9) All trees to be harvested or all retention trees shall be marked by, or under the supervision of, an RPF prior to felling operations. Where timber harvesting does not occur within retained aggregates, the boundaries of retained aggregates may be designated in lieu of marking individual trees within retained aggregates. A sample area must be marked prior to a pre-harvest inspection for evaluation. The sample area shall include at least 10% of the harvest area for each stand type represented in the range of conditions present in the area. Where necessary to evaluate the proposed retention, the Director may require additional marking before plan approval. 
(10) To facilitate restocking, a regeneration plan must be included in the plan. The regeneration plan shall include site preparation, method of regeneration, and other information appropriate to evaluate the plan. Site preparation activities shall be designed to protect retention elements and maintain ground cover to the extent practicable while at the same time result in seedling establishment on the site and encourage long-term site occupancy of the regenerated trees. 
(11) Another Variable Retention harvest may not be applied to the Variable Retention harvest area for at least 50 years for Class I, 60 years for Class II or III, or 80 years for Class IV and V site class lands after acceptance by the Director of the completion report except as specified in: (i) a THP that has been approved pursuant to 14 CCR § 933.11(a), (ii) an SYP, (iii) a PTEIR or, (iv) an NTMP). 
(12) Within ownership boundaries, no logical logging unit contiguous to a previously harvested Variable Retention harvest area may be harvested by a Variable Retention method unless the previously harvested Variable Retention unit has an approved report of stocking and the dominant and codominant trees, not counting retention trees, average at least five years of age or average at least five feet tall and three years of age from the time of establishment on the site either by the planting or by natural regeneration. If these standards are to be met with trees that were present at the time of the harvest, there shall be an interval of not less than five years following the completion of operations before adjacent Variable Retention management may occur. 
(13) A Regeneration Method Used in Evenaged Management, other than Shelterwood Preparatory Step, may not be applied to the Variable Retention harvest area for at least 50 years for Class I, 60 years for Class II or III, or 80 years for Class IV and V site class lands after acceptance by the Director of the completion report. 
(14) Within an ownership, at least 10 years must pass after a Variable Retention harvest that exceeds the size standards of 14 CCR §933.1(a)(2) before a Regeneration Method Used in Evenaged Management, other than Shelterwood Preparatory Step, may occur in an adjacent logical harvest area. 
(15) Within an ownership, the separation requirements and adjacency limitations of 14 CCR § 933.1(a)(3, 6 and 7) shall apply equally to Variable Retention harvest areas and evenaged regeneration units. 
(16) Alternative Prescriptions proposed under 14 CCR § 933.6 may not reference Variable Retention as the most nearly feasible method (ref. 14 CCR § 933.6(b)(3 and 4)). Alternative Prescriptions which approach but do not fully meet the minimum standards of Variable Retention shall be considered Alternatives to a Regeneration Method Used in Evenaged Management. 
(e) Aspen, meadow and wet area restoration. All trees within aspen stands (defined as a location with the presence of living aspen (Populus tremuloides), meadows and wet areas may be harvested or otherwise treated in order to restore, retain, or enhance these areas for ecological or range values. A primary goal of aspen restoration projects is the successful regeneration of aspen and recruitment into larger size classes. Projects using this prescription shall be designed to balance the protection and regeneration of aspen stands, meadows, and wet area habitats in California's forest ecosystems with the other goals of forest management as specified in 14 CCR §897 and meet the following requirements: 
(1) The RPF shall state in the plan each project type(s) that is being proposed (aspen, meadow, and/or wet area restoration).
(2) Each project type shall be shown on the plan map, consistent with 14 CCR §1034(x), and at a scale that shows the locations of planned operations.
(3) The RPF shall describe the extent of the area proposed for harvesting or treatment and the types of harvesting or treatments. 
(4) The RPF shall describe the condition of aspen stands, meadows and wet areas in the project area. 
(A) For aspen stands, the condition description shall include, but is not limited to, the determination of whether the aspen stands are upland aspen stands mixed with conifer or riparian/wet meadow aspen stands; spatial extent, species composition, and stand structure (including overstory/understory coverage) of the project area; and the relationship of the project area to other known aspen stands in the planning watershed or biological assessment area.
(B) For meadows and wet areas, the condition description shall include spatial extent, species composition, and stand structure (including overstory/understory coverage) of the project area; relevant watercourse condition factors stated in Board Technical Rule Addendum #2; and other factors indicative of meadow or wet area geomorphic and hydrological functions.
(5) The RPF shall state the project goals and the measures of success for the proposed aspen, meadow, or wet area restoration project. For purposes of this subsection, measures of success means criteria related to a physical condition that can be measured using conventional forestry equipment or readily available technology to indicate the level of accomplishment of the project goals.
(A) Aspen, meadow or wet area project goals and measures of success shall be based on the condition assessment required in 14 CCR §§ 913.4, 933.4, 953.4, subsection (e)(4), and identification of problematic aspen, meadow or wet area conditions and their agents/causes. Information shall include a description of factors that may be putting aspen stands, meadow, or wet areas at risk, and presence of any unique physical conditions. Projects shall be designed to contribute to rectifying factors that are limiting restoration, to the extent feasible.
(6) For projects of twenty (20) acres or less in size, the RPF has the option to not include the requirements of 14 CCR §§913.4, 933.4, 953.4, subsections (e)(4) and (5) if the RPF consults with DFG prior to plan submittal and, if wet areas are proposed, the RPF shall also consult with the appropriate RWQCB in those locations where the applicable basin plan identifies wet areas as a beneficial use. The results of the consultation(s) shall be included in the plan, 
(7) The Department shall review post harvest field conditions of the portions of plans using the aspen, meadow and wet area restoration silvcultural prescription and prepare a monitoring report every five (5) years for the Board. The monitoring report shall summarize information on use of the prescription including: 
(i) the level of achievement of the measures of success as stated in the plan per 14 CCR §§ 913.4, 933.4, and 953.4, subsection (e)(5);
(ii) any post harvest adverse environmental impacts resulting from use of the prescription; 
(iii) any regulatory compliance issues, and; 
(iv) any other significant findings resulting from the review. The review shall include photo point records. 
(8) Exemptions from other FPRs: 
(A) Silvicutural standards for opening size, adjacency requirements, or conifer stocking standards in 14 CCR §§913.1-913.3, 933.1-933.3, 953.1-953.3]; 14 CCR §§913.6, 933.6, 953.6; and 14 CCR §§913.8 do not apply to use of this prescription. 
(B) Minimum resource conservation standards in 14 CCR §§912.7, 932.7, 952.7 do not apply to use of this prescription. 
(C) For purposes of this prescription, timberland productivity and MSP requirements as stated in 14 CCR §§ 913.10, 933.10, and 953.10; and 14 CCR §§913.11, 933.11, 953.11 are compatible with implementing actions that contribute to attaining the measures of success approved by the Department for this prescription. 
NOTE

Authority cited: Sections 4551, 4553 and 4561, Public Resources Code. Reference: Section 4512, 4551.5, 4582 and 4582.5, Public Resources Code.
HISTORY

1. Editorial correction (Register 78, No. 45).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
3. Amendment of subsection (a) and Note filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
4. Amendment of section heading and section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
5. New subsection (c) filed 11-19-97; operative 1-1-98 (Register 97, No. 47).
6. New subsections (d)-(d)(16) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
7. New subsections (e)-(e)(8)(C) and amendment of Note filed 10-6-2011; operative 1-1-2012 pursuant to Public Resources Code section 4551.5 (Register 2011, No. 40).
§933.5. Stocking Status.
Note     •     History

Under any regeneration method where artificial regeneration is specified in the plan to restock the logged area, a preliminary report on the degree of stocking shall be submitted to the Director annually, between October 1 and December 31, beginning two years following completion of logging by the timber owner or his/her agent until the stocking standard of 14 CAC 932.7 is met or exceeded or as otherwise required. This report shall indicate the degree of stocking achieved and any additional measures to be taken to stock the logged area.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561, 4587 and 4588, Public Resources Code.
HISTORY

1. Amendment filed 2-27-80; effective thirtieth day thereafter (Register 80, No. 9).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
§933.6. Alternative Prescription.
Note     •     History

(a) An alternative prescription shall be included in a THP when, in the judgment of the RPF, an alternative regeneration method or intermediate treatment offers a more effective or more feasible way of achieving the objectives of Section 933 than any of the standard silvicultural methods provided in this Article.
(b) An alternative prescription, as defined in 14 CAC 895.1, shall normally contain at least the following information:
(1) A description of the stand before timber operations, including:
(A) The RPF's professional judgment of the species composition of the stand before harvest.
(B) The RPF's professional judgment of the current stocking on the area expressed in basal area or a combination of basal area and point count.
(C) The RPF's estimate of the basal area per acre to be removed from the stand during harvest.
(2) A description of stand management constraints such as animal, insect, disease, or other natural damage, competing vegetation, harsh site conditions, or other problems which may affect stand management.
(3) A statement of which silvicultural method in the current District rules is most nearly appropriate or feasible and an explanation of why it is not appropriate or feasible.
(4) An explanation of how the proposed alternative prescription will differ from the most nearly feasible method in terms of securing regeneration; protection of soil, water quality, wildlife habitat, and visual appearance; and in terms of fire, insect and disease protection.
(5) A description of the stand expected after completion of timber operations, including the following:
(A) The management objective under which the post-harvest stand is to be managed (even-aged, uneven-aged, or neither);
(B) The desired tree species composition of the post-harvest stand and the RPF's judgment as to the remaining stocking after harvest expressed as basal area or a combination of basal area and point count.
(6) The treatment of the stand to be used in harvesting including: 
(A) The guidelines to be used in determining which trees are to be harvested or left;
(B) The type of field designation to be followed, such as marking, sample marking of at least 20 percent of the trees to be harvested or left, professional supervision of fallers or other methods; and
(C) The site preparation and regeneration method and time table to be used for restocking.
(c) If an alternative prescription will have the practical on-the-ground effect of a clearcut, regardless of name or description, then the acreage limitations, and requirement for separation by a typical logging unit, yarding equipment limitations, exceptions and stocking requirements for the clearcut regeneration method shall apply.
(d) All trees to be harvested or all trees to be retained shall be marked by, or under the supervision of, an RPF prior to harvest. A sample area must be marked prior to the preharvest inspection for evaluation. The sample area shall include at least 10% of the harvest area to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area. The Director may waive the requirements for the remainder of the area when explained and justified by the RPF in the THP.
(e) The Director shall approve the alternative if in his judgment it complies with 14 CCR 898 and if, considering the entire area to which the alternative is to be applied, it would: (1) when compared with the standard most closely related method identified in subsection (b)(3) above have the effect equal to or more favorable than such standard method would achieve in the areas of values relating to soil, the quality and beneficial uses of water, wildlife and fisheries,
(2) not create a significant adverse change in range and forage, and recreation and aesthetic values; and
(3) not reduce the after harvest stocking standards or evenaged prescription limitation below the most closely associated standard, unless the RPF demonstrates that either: 
(A) the harvest will result in stand conditions that will increase long term sustained yield as compared to the long term sustained yield achieved by utilizing the stocking standards of the method identified in subsection (b)(3); or 
(B) the yield over 20 years of a “No Harvest” alternative would be less than the yield over 20 years of the proposed alternative.
(4) not lead to the direct or indirect conversion of the timberland to other land uses not associated with timber growing and harvesting and compatible uses unless a timberland conversion permit is approved before submission of the THP; and
(5) not result in violations of any of the other standards in the rules of the Board.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5 and 4561, Public Resources Code.
HISTORY

1. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). 
2. Repealer of subsection (d) and new subsections (d)-(e)(5) filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
3. Amendment of subsections (e), (e)(1), (3) and (4) and new subsection (e)(3)(B) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
4. Editorial correction implementing action described in History 3 (Register 96, No. 50).
5. Amendment of subsection (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
6. Editorial correction of subsection (d) (Register 97, No. 48).
7. Editorial correction of subsection (b)(5)(A) (Register 99, No. 26).
§933.7. Exceptions.
Note     •     History

The requirements of this article shall not prohibit the timber operator from cutting or removing trees for purposes of: 
(a) Clearing the rights-of-way, log landings, campsites, or firebreaks necessary for the conduct of timber operations. 
(b) The harvesting of Christmas trees and construction of an integral part of a public fire protection agency fuelbreak are also permitted.
NOTE

Authority cited: Section 4551, Public Resources Code, Reference: Section 4584, Public Resources Code.
HISTORY

1. Repealer of former Section 933.7 and renumbering of Section 933.9 to Section 933.7 filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). For prior history, see Register 79, No. 9. 
2. Amendment filed 11-19-97; operative 1-1-98 (Register 97, No. 47).
§933.8. Report of Stocking. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4587 and 4590, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). 
§933.9. Exceptions. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4584, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Renumbering of Section 933.9 to Section 933.7 filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). 
§933.10. Timberland Productivity.
Note     •     History

The goal of this section is to restore, enhance and maintain the productivity of the state's timberlands, where feasible.
(a) Where feasible, the productivity of timberlands shall be maintained on a site-specific basis by
(1) meeting the stocking standards of the selected silvicultural or regeneration method, or that level of stocking above the minimum that will achieve long term sustained yield (LTSY) that is proposed in 913.11 a or b. 
(2) proposing and implementing an appropriate silvicultural system and regeneration method for the site,
(3) protecting the soil resource and its ability to grow commercial tree species and provide sustainable associated forest values.
(b) Timberland productivity is restored by mitigating the adverse effects of catastrophic events or previous land use activities in order to improve the site capacity to grow for harvest commercial tree species and provide forest values.
(c) Timberland productivity is enhanced by such means as planting, thinning, stand manipulation, stream channel improvement, or other techniques that will lead to increased tree growth and yield, accumulation of growing stock and production of associated forest values.
(d) Measures implemented to mitigate or avoid adverse environmental impacts of timber harvesting contribute to restoration and enhancement of timberland productivity.  Plan submitters are encouraged, but not required, to undertake additional measures to restore and enhance timberland productivity.  CDF may advise plan submitters of measures which could be undertaken at the  plan submitters' option to further restore and enhance timberland productivity.
(e) This section does not impose any additional obligation on owners of timberlands where wildfires, insects, disease, wind, flood, or other blight caused by an act of nature reduces stocking levels below any applicable stocking requirements.
NOTE

Authority cited: Section 4551, Public Resources Code.  Reference: Sections 4513, 4551.5, 4561 and 21080.5, Public Resources Code.
HISTORY

1. Repealer and new section filed 5-16-94; operative 5-16-94 (Register 94, No. 20).  For prior history, see Register 94, No. 1.
2. Editorial correction implementing action described in History 1 (Register 96, No. 50).
§933.11. Maximum Sustained Production of High Quality Timber Products.
Note     •     History

The goal of this section is the achieve Maximum Sustained Production of High Quality Timber Products (MSP).  MSP is achieved by meeting the requirements of either (a) or (b) or (c) in a THP, SYP or NTMP, or as otherwise provided in Article 6.8.
(a) Where a Sustained Yield Plan (14 CCR § 1091.1) or Nonindustrial Timber Management Plan (NTMP) has not been approved for an ownership, MSP will be achieved by:
(1) Producing the yield of timber products specified by the landowner, taking into account biologic and economic factors, while accounting for limits on productivity due to constraints imposed from consideration of other forest values, including but not limited to, recreation, watershed, wildlife, range and forage, fisheries, regional economic vitality, employment and aesthetic enjoyment.
(2) Balancing growth and harvest over time, as explained in the THP for an ownership, within an assessment area set by the timber owner or timberland owner and agreed to by the Director.  For purposes of this subsection the sufficiency of information necessary to demonstrate the balance of growth and harvest over time for the assessment area shall be guided by the principles of practicality and reasonableness in light of the size of the ownership and the time since adoption of this section using the best information available. The projected inventory resulting from harvesting over time shall be capable of sustaining the average annual yield achieved during the last decade of the planning horizon. The average annual projected yield over any rolling 10-year period, or over appropriately longer time periods for ownerships which project harvesting at intervals less frequently than once every ten years, shall not exceed the projected long-term sustained yield.
(3) Realizing growth potential as measured by adequate site occupancy by species to be managed and maintained given silvicultural methods selected by the landowner.
(4) Maintaining good stand vigor.
(5) Making provisions for adequate regeneration.  At the plan submitters option, a THP may demonstrate achievement of MSP pursuant to the criteria established in (b) where an SYP has been submitted but not approved.
(b) Where a SYP or NTMP is submitted for an ownership, an approved SYP or NTMP achieves MSP by providing sustainable harvest yields established by the landowner which will support the production level of those high quality timber products the landowner selects while at the same time:
(1) meeting minimal stocking, and basal area standards for the selected silvicultural methods as provided in these rules as described;
(2) protecting the soil, air, fish and wildlife, water resources and any other public trust resources;
(3) giving consideration to recreation, range and forage, regional economic vitality, employment and aesthetic enjoyment;
(4) balancing growth and harvest over time. The projected inventory resulting from harvesting over time shall be capable of sustaining the average annual yield achieved during the last decade of the planning horizon. The average annual projected yield over any rolling 10-year period, or over appropriately longer time periods for ownerships which project harvesting at intervals less frequently than once every ten years, shall not exceed the projected long-term sustained yield.  A THP which relies upon and is found to be consistent with an approved SYP shall be deemed adequate to achieve MSP.
(c) In a THP or NTMP, MSP is achieved by:
(1) for evenage management, meeting the minimum stand age standards of 14 CCR § 933.1(a)(1), meeting minimum stocking and basal area standards for the selected silvicultural methods as contained in these rules only with group A species, and protecting the soil, air, fish and wildlife, water resources and other public trust resources through the application of these rules; or
(2) for unevenaged management, complying with the seed tree retention standards pursuant to 14 CCR §§ 933.1(c)(1)(A) or 933.2(b)(6), meeting minimum stocking and basal area standards for the selected silvicultural methods as contained in these rules only with group A species, and protecting the soil, air, fish and wildlife, water resources and other public trust resources through the application of these rules.
(3) for intermediate treatments and special prescriptions, complying with the stocking requirements of the individual treatment or prescription.
(4) Timberland ownerships totaling 50,000 acres or less may use subsection (c) to show MSP.
(5) Timberland ownerships of 50,000 acres or more may use subsection (c) through December 31, 1999. Thereafter they may use subsection (c) if an SYP or demonstration of achievement of MSP pursuant to 14 CCR § 933.11(a) has been filed with the department and has not been returned unfiled or approved.
(6) For scattered parcels on timberland ownerships of 50,000 acres or more, subsection (c) may be used to show MSP.
NOTE

Authority cited: Sections 4551 and 4554.5, Public Resources Code.  Reference: Sections 4513, 4551.5, 4561 and 21080.5, Public Resources Code.
HISTORY

1. Repealed by operation of Government Code section 11346.1.  New section filed 5-16-94; operative 5-16-94 (Register 94, No. 20).  For prior history, see Register 92, No. 25.
2. Editorial correction of subsections (c)(1) and (c)(2) (Register 96, No. 46).
3. Amendment of subsections (c)(4) and (c)(5) and amendment of Note filed 11-13-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 46).
4. Amendment of first paragraph filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
5. Editorial correction inserting inadvertently omitted last paragraph (Register 96, No. 48).
6. Amendment of subsection (c)(5) and new subsection (c)(6) filed 11-24-97; operative 1-1-98 (Register 97, No. 48).
7. Amendment of subsection (c)(5) filed 11-18-98; operative 1-1-99 (Register 98, No. 47).
8. Amendment of subsections (a), (c)(1)-(2) and (c)(5) filed 11-16-2005; operative 1-1-2006 (Register 2005, No. 46).
Article 4. Harvesting Practices and Erosion Control
§934. Purposes.
Note     •     History

Timber operations shall be conducted to: meet the goal of maximum sustained production of high quality timber products; to minimize breakage of merchantable timber; prevent unreasonable damage to residual trees, fish and wildlife habitat as identified in the THP or contained in the rules, reproduction, and riparian vegetation; to prevent degradation of the quality and beneficial uses of water; and to maintain site productivity by minimizing soil loss. The following provisions shall be applied in a manner which achieves this standard. 
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: 33 U.S.C.A. Section 1288; Sections 4512, 4513, 4514.3, 4527, 4562.7 and 4582, Public Resources Code.
HISTORY

1. Repealer of Article 4 (Sections 934-934.6) and new Article 4 (Sections 934-934.9 not consecutive) filed 8-4-83; designated effective 10-1-83 (Register 83, No. 32). For prior history, see Register 79, No. 9).
2. Amendment filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
§934.1. Felling Practices.
Note

The following standards are applicable to felling practices:
(a) To the fullest extent possible and with due consideration given to topography, lean of trees, landings, utility lines, local obstructions, and safety factors, trees shall be felled to lead in a direction away from watercourses and lakes.
(b) Desirable residual trees and tree seedlings of commercial species, and those oak trees requiring protection pursuant to 14 CAC 953.10 shall not be damaged or destroyed by felling operations, except where unavoidable due to safety factors, lean of trees, location of obstructions or roads, or lack of sufficient openings to accommodate felled trees.
(c) Trees shall be felled in conformance with watercourse and lake protection measures incorporated in timber harvesting plans and consistent with Article 6 of these rules.
(d) Felling practices shall conform to requirements of 914.4, 934.4, 954.4 to protect bird nesting sites.
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.5 and 4562.7, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7, 4581, 4582 and 4582.5, Public Resources Code. 
§934.2. Tractor Operations.
Note     •     History

The following standards are applicable to tractor operations:
(a) Tractor operations shall be conducted in a manner which complies with 14 CCR 934.
(b) Tractor, or other heavy equipment which is equipped with a blade, shall not operate on skid roads or slopes that are so steep as to require the use of the blade for braking.
(c) Tractor roads shall be limited in number and width to the minimum necessary for removal of logs. When less damage to the resource specified in 14 CCR 934 will result, existing tractor roads shall be used instead of constructing new tractor roads. The RPF may propose exceptions for silvicultural reasons when explained and justified in the THP.
(d) Heavy equipment shall not operate on unstable areas. If such areas are unavoidable, the RPF shall develop specific measures to minimize the effect of operations on slope instability. These measures shall be explained and justified in the plan and approved by the Director, and must meet the requirements of 14 CCR 934.
(e) Slash and debris from timber operations shall not be bunched adjacent to residual trees required for silvicultural or wildlife purposes or placed in locations where they could be discharged into a Class I or II watercourse, or lake.
(f) Tractor operations shall be subject to the following limitations:
(1) Heavy equipment shall be prohibited where any of the following conditions are present:
(i) slopes steeper than 65%
(ii) slopes steeper than 50% where the erosion hazard rating is high or extreme
(iii) slopes over 50% which lead without flattening to sufficiently dissipate water flow and trap sediment before it reaches a watercourse or lake.
(2) On slopes between 50 percent and 65 percent where the erosion hazard rating is moderate, and all slope percentages are for average slope steepness based on sample areas that are 20 acres, or less if proposed by the RPF or required by the Director, heavy equipment shall be limited to:
(i) existing tractor roads that do not require reconstruction, or
(ii) new tractor roads that have been flagged by an RPF or supervised designee prior to use.
(3) The RPF may propose exceptions to the limitations on tractor operations described above if the proposed exception will comply with 14 CCR 934, and if the THP both clearly explains the proposed exception and justifies why application of the standard rule is either not feasible, or would not comply with 14 CCR 934. The location of tractor roads to be used under such exceptions shall be flagged prior to the pre-harvest inspection or, when a pre-harvest inspection is not required, prior to the start of timber operations.
(g) Where tractor roads are constructed, timber operators shall use tractor roads only, both for skidding logs to landings and on return trips.
(h) Timber operators shall exercise due diligence so that desirable residual trees and seedlings will not be damaged or destroyed in tractor operations.
(i) Where waterbreaks cannot effectively disperse surface runoff, other erosion controls shall be installed as needed.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7 and 4582, Public Resources Code.
HISTORY

1. Amendment filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
2. Amendment of subsection (d) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
3. New subsection (i) filed 9-23-91; operative 9-23-91 (Register 92, No. 25).
4. Amendment of subsections (d) and (f)-(f)(3) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
5. Amendment of subsection (f)(2)(ii) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§934.3. Cable Yarding.
Note     •     History

The following standards are applicable to cable yarding:
(a) Due diligence shall be exercised in the installing, and operating, of cable lines so that residual trees will not incur unreasonable damage by such installation or use.
(b) Residual trees required to be left upon completion of timber operations shall not be used for rub trees, corner blocks, rigging or other cable ties unless effectively protected from damage.
(c) The practice of tight-lining for the purpose of changing location of cable lines is prohibited unless such practice can be carried on without damaging residual trees.
(d) Cable yarding settings shall take maximum advantage of the natural topography and timber types so that yarding operations will protect residual trees.
(e) Tractors shall not be used in areas designated for cable yarding except to pull trees away from streams, to yard logs in areas where deflection is low, where swing yarding is advantageous, to construct firebreaks and/or layouts, and to provide tail-holds. Such exception(s) shall be explained and justified in the THP, and require Director's approval.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7 and 4582, Public Resources Code. 
HISTORY

1. Amendment of subsection (e) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
§934.5. Servicing of Logging Equipment, Disposal of Refuse, Litter, Trash and Debris.
Note

The following standards shall be adhered to in servicing logging equipment and disposing of refuse, litter, trash and debris:
(a) Equipment used in timber operations shall not be serviced in locations where servicing will allow grease, oil, or fuel to pass into lakes or watercourses.
(b) Non-biodegradable refuse, litter, trash, and debris resulting from timber operations, and other activity in connection with the operations shall be disposed of concurrently with the conduct of timber operations.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512 and 4513, Public Resources Code. 
§934.6. Waterbreaks.
Note     •     History

The following standards are applicable to the construction of waterbreaks:
(a) except as otherwise provided for in the rules:
(1) All waterbreaks shall be installed no later than the beginning of the winter period of the current year of timber operations.
(2) Installation of drainage facilities and structures is required from October 15 to November 15 and from April 1 to May 1 on all constructed skid trails and tractor roads prior to sunset if the National Weather Service forecast is a “chance” (30% or more) of rain within the next 24 hours.
(b) Waterbreaks shall be constructed concurrently with the construction of firebreaks and immediately upon conclusion of use of tractor roads, roads, layouts, and landings which do not have permanent and adequate drainage facilities, or drainage structures.
(c) Distances between waterbreaks shall not exceed the following standards:

MAXIMUM DISTANCE BETWEEN WATERBREAKS

View Graphic
The appropriate waterbreak spacing shall be based upon the erosion hazard rating and road or trail gradient.
(d) Cable roads that are so deeply cut as to divert and carry water away from natural drainage patterns for more than 100 feet shall have waterbreaks installed on them at 100 feet intervals, or other appropriate erosion control measures may be applied if specified in the plan.
(e) Waterbreaks shall be installed at all natural watercourses on tractor roads and firebreaks regardless of the maximum distances specified in this section except where permanent drainage facilities are provided.
(f) Waterbreaks shall be located to allow water to be discharged into some form of vegetative cover, duff, slash, rocks, or less erodible material wherever possible, and shall be constructed to provide for unrestricted discharge at the lower end of the waterbreak so that water will be discharged and spread in such a manner that erosion shall be minimized. Where waterbreaks cannot effectively disperse surface runoff, including where waterbreaks on roads and skid trail cause surface run-off to be concentrated on downslopes, roads or skid trails, other erosion controls shall be installed as needed to comply with 14 CCR 934.
(g) Waterbreaks shall be cut diagonally a minimum of 15.2 cm (6 inches) into the firm roadbed, cable road, skid trail or firebreak surface and shall have a continuous firm embankment of at least 15.2 cm (6 inches) in height immediately adjacent to the lower edge of the waterbreak cut. In the Southern Subdistrict of the Coast Forest District, on truck roads having firmly compacted surfaces, waterbreaks installed by hand methods need not provide the additional 15.2 cm (6 inch) embankment provided the waterbreak ditch is constructed so that it is at least 15.2 cm (6 inches) deep and 15.2 cm (6 inches) wide on the bottom and provided there is ample evidence based on slope, material amount of rainfall, and period of use that the waterbreaks so constructed will be effective in diverting water flow from the road surface without the embankment.
(h) Waterbreaks or any other erosion controls on skid trails, cable roads, layouts, firebreaks, abandoned roads, and site preparation areas shall be maintained during the prescribed maintenance period and during timber operations as defined in PRC sections 4527 and 4551.5 so that they continue to function in a manner which minimizes soil erosion and slope instability and which prevents degradation of the quality and beneficial uses of water. The method and timing of waterbreak repair and other erosion control maintenance shall be selected with due consideration given to protection of residual trees and reproduction and the intent of 14 CCR 914.
(i) The prescribed maintenance period for waterbreaks and any other erosion control facilities on skid trails, cable roads, layouts, firebreaks, abandoned roads, and site preparation areas, shall be at least one year.
The Director may prescribe a maintenance period extending as much as three years after filing of the work completion report in accordance with 14 CCR 1050.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7, and 4582, Public Resources Code.
HISTORY

1. Amendment of subsection (h) and new subsection (i) filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
2. Amendment of subsection (d) filed 8-9-90; operative 9-10-90 (Register 90, No. 41).
3. Amendment of subsection (f) filed 2-11-91; operative 3-13-91 (Register 91. No. 14).
4. New subsection (a), redesignation and amendment of former subsection (a) to new subsection (a)(1), new subsection (a)(2) and amendment of table headings filed 4-21-99; operative 1-1-2000 pursuant to Public Resources Code section 4554.5 (Register 99, No. 17). 
5. Change without regulatory effect amending section heading and removing pre-2000 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17).
§934.7. Timber Operations, Winter Period.
Note     •     History

During the winter period:
(a) Mechanical site preparation and timber harvesting, shall not be conducted unless a winter period operating plan is incorporated in the timber harvesting plan and is followed, or unless the requirements of subsection (c) are met. Cable, helicopter and balloon yarding methods are exempted.
(b) The winter period operating plan shall include the specific measures to be taken in winter timber operations to minimize damage due to erosion, soil movement into watercourses and soil compaction from felling, yarding, loading, mechanical site preparation, and erosion control activities. A winter period operating plan shall address the following subjects:
(1) Erosion hazard rating.
(2) Mechanical site preparation methods.
(3) Yarding system (construction skid trails).
(4) Operating period.
(5) Erosion control facilities timing.
(6) Consideration of form of precipitation-rain or snow.
(7) Ground conditions (soil moisture condition, frozen).
(8) Silvicultural system-ground cover.
(9) Operations within the WLPZ. 
(10) Equipment use limitations.
(11) Known unstable areas.
(c) In lieu of a winter period operating plan, the RPF can specify the following measures in the THP:
(1) Tractor yarding or the use of tractors of constructing layouts, firebreaks or other tractor roads shall be done only during dry, rainless periods but shall not be conducted on saturated soil conditions that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements.
(2) Erosion control structures shall be installed on all constructed skid trails and tractor roads prior to the end of the day if the U.S. Weather Service forecast is a “chance” (30 percent or more) of rain before the next day, and prior to weekend or other shutdown periods. The provisions of this subsection do not apply to mechanical site preparation.
(3) Site specific mitigation measures needed to comply with 14 CCR 934 for operations within the WLPZ and unstable areas during the winter period.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7 and 4582, Public Resources Code.
HISTORY

1. Amendment filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
2. Amendment of subsections (a), (b) and (c)(3) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
3. Amendment of subsection (c)(1) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§934.8. Tractor Road Watercourse Crossing.
Note     •     History

Watercourse crossing facilities on tractor roads shall be planned, constructed, maintained, and removed according to the following standards:
(a) The number of crossings shall be kept to a minimum. Existing crossing locations shall be used wherever feasible.
(b) A prepared watercourse crossing using a structure such as a bridge, culvert, or temporary log culvert shall be used to protect the watercourse from siltation where tractor roads cross a watercourse in which water may be present during the life of the crossing.
(c) Crossing facilities on watercourses that support fish shall allow for unrestricted passage of all life stages of fish that may be present, and for unrestricted passage of water. Such crossing facilities shall be fully described in sufficient clarity and detail to allow evaluation by the review team and the public, provide direction to the LTO for implementation, and provide enforceable standards for the inspector. 
(d) Watercourse crossing facilities not constructed to permanent crossing standards on tractor roads shall be removed before the beginning of the winter period. If a watercourse crossing is to be removed, it shall be removed in accordance with 14 CCR § 943.3, subsection (d).
(e) If the watercourse crossing involves a culvert, the minimum diameter shall be stated in the THP and the culvert shall be of a sufficient length to extend beyond the fill material.
(f) Consistent with the protection of water quality, exceptions may be provided through the Fish and Game Code and shall be indicated in the plan.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7, and 4582, Public Resources Code.
HISTORY

1. Amendment of subsection (d) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
2. Amendment of subsection (e) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
3. Amendment of subsections (a) and (c) and new subsection (g) filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
4. Amendment of subsection (g) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
5. Amendment of subsection (g) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
6. Amendment of last paragraph and amendment of Note filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
7. Amendment of subsection (g) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
8. Amendment of subsection (g) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
9. Amendment of subsection (g) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
10. Amendment of subsections (f) and (g) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
11. Amendment of subsection (d) and repealer of subsection (g) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§934.9. Alternatives to Standard Rules.

(a) Alternative practices may be developed by the RPF on a site-specific basis provided the following conditions are complied with and the alternative practices will achieve environmental protection at least equal to that which would result from using measures stated in Sections 934.1-934.8.
(1) Environmental impacts with potential for significant adverse effects on the beneficial uses of water, on the residual timber, and on the soil productivity are identified and measures proposed to mitigate such impacts are included in an approved THP. The THP shall also contain a clear statement as to why alternative harvesting and erosion control measures are needed.
(2) The alternative practice(s) must be explained in sufficient detail and standards provided in the THP so that they can be adequately evaluated and enforced by the Director and implemented by the licensed timber operator.
(3) On a THP in which alternatives covering harvesting and erosion control measures have been incorporated, the timber operator shall agree to the alternative specifications by signing and filing with the Director a copy of the plan, the amended plan or a facsimile thereof, prior to beginning or continuing operations on the portion of the plan to which the alternatives apply.
(b) The Director shall not accept for inclusion in a THP alternative harvesting and erosion control measures proposes under this section which do not meet the standard of subsection (a) of this section. In the event that there is more than one written negative position showing that the alternative practices does (do) not meet the standard of subsection (a) received from among the agencies listed in 14 CCR 1037.3 and the Department of Forestry, which participated in the review of the plan including on-the-ground inspection, the Director shall reject the proposed alternative.
(c) Alternative practices stated in an approved THP shall have the same force and authority as those practices required by the standard rule.
Article 5. Site Preparation
§935. Purposes.
Note     •     History

Site preparation shall be planned and conducted in a manner which encourages maximum timber productivity, minimizes fire hazard, prevents substantial adverse effects to soil resources and to fish and wildlife habitat, and prevents degradation of the quality and beneficial uses of water. The following provisions shall be applied in a manner which complies with this standard.
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code. 
HISTORY

1. New section filed 12-4-89, operative 2-1-90 (Register 89, No. 50). For prior history, see Register 83, No. 32.
§935.1. Use of Heavy Equipment for Site Preparation.
Note     •     History

(a) Use of heavy equipment for site preparation shall comply with the provisions set forth in 14 CCR 934.2.
(b) Heavy equipment shall not be used for site preparation under saturated soil conditions that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters; that violate Water Quality Requirements; or when it cannot operate under its own power due to wet conditions .
(c) Watercourse crossings for heavy equipment shall be planned, constructed, maintained, and removed in accordance with the requirements for tractor roads in 14 CCR Section 934.8.
(d) Undisturbed areas or energy dissipators shall be used to control and disperse concentrated runoff from roads, landings, tractor roads, firebreaks and erosion control facilities where it flows into site preparation areas.
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50). For prior history, see Register 83, No. 32.
2. Amendment of subsection (b) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§935.2. Treatment of Vegetative Matter.
Note     •     History

(a) Piling, burning, and other treatment of snags, slash and vegetative matter and protection of desirable residual trees during site preparation shall comply with 14 CCR Sections 937 through 937.7.
(b) Broadcast burning shall not fully consume the largest organic debris which retains soil on slopes and stabilizes watercourse banks. The Director may approve exceptions to individual requirements when such exceptions are explained and justified in the THP and the exceptions would provide for the protection of the beneficial uses of water or control erosion to a standard at least equal to that which would result from application of the standard rule.
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code. 
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50). For prior history, see Register 83, No. 32.
§935.3. Protection of Natural Resources.
Note     •     History

(a) Site preparation activities shall comply with the watercourse and lake protection requirements in 14 CCR Article 6, and 937.3(d).
(b) Site preparation activities shall comply with the wildlife and habitat protection provisions of 14 CCR Article 9.
(c) Site preparation shall be performed in a manner which does not deleteriously affect species which are threatened, endangered, or designated by the Board as species of special concern. The director may allow exceptions to this standard, if explained and justified in the plan, after consultation with the Department of Fish and Game pursuant to the California Endangered Species Act (F&G Code 2050-2098).
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. References Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code. 
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50). For prior history, see Register 83, No. 32.
§935.4. Site Preparation Addendum.
Note     •     History

Where site preparation will occur on the logging area, the THP shall incorporate a site preparation addendum which includes the following information: 
(a) Whether site preparation will be required to meet stocking.
(b) The general methods of site preparation to be used.
(c) The types of equipment (if any) to be used for mechanical site preparation and firebreak construction.
(d) The methods for protecting any desirable residual trees in accordance with 14 CCR 937.7.
(e) Explanations and justifications for any exceptions or alternatives to the standard rules.
(f) A map identifying the boundaries of site preparation areas, if different from logging area boundaries, and distinguishing areas by type of site preparation activity.
(g) The name, address, and telephone number of the person responsible for conduct of site preparation activities shall be provided prior to conducting site preparation activities.
(h) The estimated timing of site preparation operations.
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code. 
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50). For prior history, see Register 83, No. 32.
2. Amendment of subsection (g) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§935.5. Erosion Control, Winter Period. [Repealed]
History

HISTORY

1. Repealer filed 8-4-83; designated effective 10-1-83 (Register 83, No. 32).
§935.6. Timber Harvesting. [Repealed]
History

HISTORY

1. Repealer filed 8-4-83; designated effective 10-1-83 (Register 83, No. 32).
Article 6. Watercourse and Lake Protection
§936. Intent of Watercourse and Lake Protection.
Note     •     History

The purpose of this article is to ensure that timber operations do not potentially cause significant adverse site-specific and cumulative impacts to the beneficial uses of water, native aquatic and riparian-associated species, and the beneficial functions of riparian zones; or result in an unauthorized take of listed aquatic species; or threaten to cause violation of any applicable legal requirements. This article also provides protection measures for application in watersheds with listed anadromous salmonids and watersheds listed as water quality limited under Section 303(d) of the Federal Clean Water Act. 
It is the intent of the Board to restore, enhance, and maintain the productivity of timberlands while providing appropriate levels of consideration for the quality and beneficial uses of water relative to that productivity. Further, it is the intent of the Board to clarify and assign responsibility for recognition of potential and existing impacts of timber operations on watercourses and lakes, native aquatic and riparian-associated species, and the beneficial functions of riparian zones and to ensure all plans, exemptions and emergency notices employ feasible measures to effectively achieve compliance with this article. Further, it is the intent of the Board that the evaluations that are made, and the measures that are taken or prescribed, be documented in a manner that clearly and accurately represents those existing conditions and those measures. “Evaluations made” pertain to the assessment of the conditions of the physical form, water quality, and biological characteristics of watercourses and lakes, including cumulative impacts affecting the beneficial uses of water on both the area of planned logging operations and in the Watershed Assessment Area (WAA). “Measures taken” pertain to the procedures used or prescribed for the restoration, enhancement, and maintenance of the beneficial uses of water. 
All provisions of this article shall be applied in a manner, which complies with the following: 
(a) During and following timber operations, the beneficial uses of water, native aquatic and riparian-associated species, and the beneficial functions of riparian zones shall be maintained where they are in good condition, protected where they are threatened, and insofar as feasible, restored where they are impaired. 
(b) Maintenance, protection, and contribution towards restoration of the quality and beneficial uses of water during the planning, review, and conduct of timber operations shall comply with all applicable legal requirements including those set forth in any applicable water quality control plan adopted or approved by the State Water Resources Control Board. At a minimum, the LTO shall not remove water, trees or large woody debris from a watercourse or lake, the adjacent riparian area, or the adjacent flood prone areas in quantities deleterious to fish, wildlife, beneficial functions of riparian zones, or the quality and beneficial uses of water. 
(c) Protecting and restoring native aquatic and riparian-associated species, the beneficial functions of riparian zones, and the quality and beneficial uses of water shall be given equal consideration as a management objective within any prescribed WLPZ and within any ELZ or EEZ designated for watercourse or lake protection and any other location where timber operations may affect riparian zones or the quality and beneficial uses of water. 
(d) The measures set forth in this Section are meant to enforce the public's historical and legal interest in protection for wildlife, fish, and water quality and are to be used to guide timberland owners in meeting their legal responsibilities to protect public trust resources. 
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4552, 4562.5, 4562.7, 21001(b)(f), 21002 and 21002.1, Public Resources Code; and Sections 100, 1243, 1243.5, 13001, 13050(f), 13146 and 13247, Water Code.
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment filed 12-2-99; operative 1-1-2000 pursuant to Government Code section 11343.4(a) and Public Resources Code section 4554.5 (Register 99, No. 49).  
4. Amendment of section and Note filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
5. Amendment of subsection (e) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
6. Amendment of subsection (e) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
7. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
8. Amendment of subsection (e) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
9. Amendment of subsection (e) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
10. Amendment of subsection (e) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
11. Amendment of subsection (e) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
12. Amendment filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§936.1. In Lieu Practices.
Note     •     History

In rule sections where provision is made for site specific practices to be approved by the director and included in the THP in lieu of a stated rule, the RPF shall reference the standard rule, shall explain and describe each proposed practice, how it differs from the standard practice, and the specific locations where it shall be applied; and shall explain and justify how the protection provided by the proposed practice is at least equal to the protection provided by standard rule.
(a) The in lieu practice(s) must provide for the protection of the beneficial uses of water to the standards of 14 CCR 916.3 and 916.4(b).
(b) In lieu practices stated in an approved THP shall have the same enforceability and legal authority as those practices required by the standard rules.
(c) Any in lieu practices which propose less than standard rule WLPZ widths for Class I watercourses shall include 14 CCR (936.5(e)) “A” & “D” protection measures.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21001(b)(f), 21002 and 21002.1, Public Resources Code; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment and new subsection (c) filed 9-23-91; operative 10-23-91 (Register 92, No. 25). 
§936.2. Protection of the Beneficial Uses of Water and Riparian Functions.
Note     •     History

(a) The measures used to protect each watercourse and lake in a logging area shall be determined by the presence and condition of the following values: 
(1) The existing and restorable quality and beneficial uses of water as specified by the applicable water quality control plan and as further identified and refined during preparation and review of the plan. 
(2) The existing and restorable uses of water for fisheries as identified by the DFG or as further identified and refined during preparation and review of the plan. 
(3) The beneficial functions of the riparian zone that provides for the biological needs of native aquatic and riparian-associated species as specified in 14 CCR §936.4, subsection (b) and 14 CCR §936.9 when the plan is in a planning watershed with listed anadromous salmonids. 
(4) Sensitive conditions near watercourses and lakes as specified in 14 CCR §936.4, subsection (a). 
The maintenance, protection, and contribution towards restoration of these values shall be achieved through a combination of the rules and plan-specific mitigation. The RPF shall propose, and the Director may require, adequate protection of overflow and changeable channels which are not contained within the channel zone.
(b) The State's waters are grouped into four classes based on key beneficial uses. These classifications shall be used to determine the appropriate protection measures to be applied during the conduct of timber operations. The basis for classification (characteristics and key beneficial uses) are set forth in 14 CCR §936.5, Table 1 and the range of appropriate protective measures applicable to each class are contained in 14 CCR §§936.3, 936.4, 936.5 and 936.9 when the plan is in a planning watershed with listed anadromous salmonids. 
(c) When the protective measures contained in 14 CCR §§936.5, 936.9 when the plan is in a planning watershed with listed anadromous salmonids, are not adequate to provide for maintenance, protection or to contribute towards restoration of beneficial uses of water set forth in 14 CCR §936.5 Table 1, additional measures to achieve these goals shall be developed by the RPF or proposed by the Director under the provisions of 14 CCR §936.6, Alternative Watercourse and Lake Protection, and incorporated in the plan when approved by the Director. 
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 3050(f), Water Code; and Sections 1600 and 5650(c) Fish and Game Code.
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27). 
3. Amendment of section heading, repealer of subsection (a), new subsections (a)(1)-(4), and amendment of subsection (c) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
4. Amendment of section heading, section and Note filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
5. Amendment of subsection (d) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
6. Amendment of subsections (a)(4) and (d) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
7. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
8. Amendment of subsection (d) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
9. Amendment of subsection (d) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
10. Amendment of subsection (d) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
11. Amendment of subsection (d) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
12. Amendment filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§936.3. General Limitations near Watercourses, Lakes, Marshes, Meadows and Other Wet Areas.
Note     •     History

The quality and beneficial uses of water shall not be unreasonably degraded by timber operations. During timber operations, the timber operator shall not place, discharge, or dispose of or deposit in such a manner as to permit to pass into the water of this state, any substances or materials, including, but not limited to, soil, silt, bark, slash, sawdust, or petroleum, in quantities deleterious to fish, wildlife, or the quality and beneficial uses of water. All provisions of this article shall be applied in a manner which complies with this standard.
(a) When there is reasonable expectation that slash, debris, soil, or other material resulting from timber operations, falling or associated activities, will be deposited in Class I and Class II waters below the watercourse or lake transition line or in watercourses which contain or conduct Class IV water, those harvest activities shall be deferred until equipment is available for its removal, or another procedure and schedule for completion of corrective work is approved by the Director.
(b) Accidental depositions of soil or other debris in lakes or below the watercourse or lake transition line in waters classed I, II, and IV shall be removed immediately after the deposition or as approved by the director.
(c) The timber operator shall not construct or reconstruct roads, construct or use tractor roads or landings in Class I, II, III or IV watercourses, in the WLPZ, marshes, wet meadows, and other wet areas unless explained and justified in the THP by the RPF, and approved by the Director, except as follows:
(1) At prepared tractor road crossings as described in 934.8(b).
(2) Crossings of Class III watercourses which are dry at the time of timber operations.
(3) At existing road crossings.
(4) At new tractor and road crossings approved as part of the Fish and Game Code process (F&GC 1600 et seq.)
Use of existing roads is addressed in 936.4(a).
(d) Vegetation, other than commercial species, bordering and covering meadows and wet areas shall be retained and protected during timber operations unless explained and justified in the THP and approved by the director. Soil within the meadows and wet areas shall be protected to the maximum extent possible.
(e) Trees cut within the WLPZ shall be felled away from the watercourse by pulling or other mechanical methods if necessary, in order to protect the residual vegetation in the WLPZ. Exceptions may be proposed in the THP and used when approved by the director.
(f) Where less than 50% canopy exists in the WLPZs of Class I and II waters before timber operations, only sanitation salvage which protects the values described in 14 CCR 936.4(b) shall be allowed.
(g) Recruitment of large woody debris for instream habitat shall be provided by retaining at least two living conifers per acre at least 16 inches diameter breast high and 50 feet tall within 50 feet of all Class I and II watercourses.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 21001(f), Public Resources Code; 40 CFR 35.1505; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment of subsection (a) filed 12-4-89, operative 2-1-90 (Register 89, No. 50). 
4. Repealer of subsection (g) filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
5. Amendment of first paragraph and subsection (a), repealer of subsection (c), new subsection (c), amendment of subsection (e), repealer of subsection (f), and new subsection (f) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
6. Amendment of subsection (c) and new subsections (c)(1)-(4) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
§936.4. Watercourse and Lake Protection.
Note     •     History

(a) The RPF or supervised designee shall conduct a field examination of all lakes and watercourses and shall map all lakes and watercourses which contain or conduct Class I, II, III or IV waters.
(1) As part of this field examination, the RPF or supervised designee shall evaluate areas near, and areas with the potential to directly impact, watercourses and lakes for sensitive conditions including, but not limited to, existing and proposed roads, skidtrails and landings, unstable and erodible watercourse banks, unstable upslope areas, debris, jam potential, inadequate flow capacity, changeable channels, overflow channels, flood prone areas, and riparian zones wherein the values set forth in 14 CCR §§936.4(b) are impaired. The RPF shall consider these conditions, and those measures needed to maintain, and restore to the extent feasible, the functions set forth in 14 CCR §§936.4(b), when proposing WLPZ widths and protection measures. The plan shall identify such conditions, including where they may interact with proposed timber operations, that individually or cumulatively significantly and adversely affect the beneficial uses of water, and shall describe measures to protect and restore to the extent feasible, the beneficial uses of water. In proposing, reviewing, and approving such measures, preference shall be given to measures that are on-site, or to offsite measures where sites are located to maximize the benefits to the impacted portion of a watercourse or lake.
(2) As part of this field examination, the RPF or supervised designee shall map the location of spawning and rearing habitat for anadromous salmonids, and the condition of the habitat shall be evaluated using habitat typing that at a minimum identifies the pool, flatwater, and riffle percentages. The opportunity for habitat restoration shall be described within the plan for each Class I watercourse, and for each Class II watercourse that can be feasibly restored to a Class I.
(3) The mapping of conditions identified in subsection (a)(1) and (a)(2) above, and their protective measures, shall be sufficiently clear and detailed to permit the Director and the other review team representatives to evaluate the potential environmental impacts of timber operations, the proposed mitigation measures and the proposed restoration measures.
(4) The mapping of conditions identified in subsection (a)(1) and (a)(2) above, and their protective measures, shall be sufficiently clear and detailed to provide direction and clear guidance to the timber operator.
(5) The mapping of conditions identified in 14 CCR §936.4 subsections (a)(1) and (a)(2), and their protective and restoration measures, should be done at a scale of 1:2,400. In site-specific cases, the mapping of critical locations of corrective work and logging operation impacts shall be done at a scale of at least 1:240 when the Director determines it is necessary to evaluate the plan.
(6) One set of photocopies of recent stereo aerial photographs of the plan area may be required by the Director.
(b) The standard width of the WLPZ and/or the associated basic protection measures shall be determined from Table I (14 CCR 936.5), or Section 956.4(c), and shall be stated in the plan. A combination of the rules, the plan, and mitigation measures shall provide protection for the following:
a. Water temperature control.
b. Streambed and flow modification by large woody debris.
c. Filtration of organic and inorganic material.
d. Upslope stability.
e. Bank and channel stabilization.
f. Spawning and rearing habitat for salmonids
g. Vegetation structure diversity for fish and riparian wildlife habitat, possibly including but not limited to,
1. Vertical diversity
2. Migration corridor
3. Nesting, roosting, and escape
4. Food abundance
5. Microclimate modification
6. Snags
7. Surface cover
(1) Measures and the appropriate zone widths for the protection of the State's waters which have been taken from Table I (14 CCR 936.5) or developed under Section 936.4(c) shall be stated in the THP.
(2) All timber operations shall conform to the marking, flagging and other identification of protective measures specified in CCR 936.4 and 936.5 and the THP. Conformance shall be determined based on the evaluation of no less than a 200 foot lineal segment of each watercourse or lake.
(3) The width of the WLPZ shall be measured along the surface of the ground from the watercourse or lake transition line or in the absence of riparian vegetation from the top edge of the watercourse bank.
(4) Slopes shall be measured in percent for the proposed WLPZ. If topography within the proposed WLPZ is variable, segments of the proposed WLPZ should be segregated by slope class as indicated in Table I, 14 CCR 936.5.
(5) If requested by either party, and after on-the-ground inspection, the RPF and the Director may increase or decrease the width of a proposed WLPZ. A decrease shall not exceed 25 percent of the width as determined by the procedure prescribed in Sections 14 CCR 936.4(c), and 936.5. Such changes in zone width shall be based on considerations of soil, slope, biologic, hydrologic, and geologic values listed in Section 14 CCR 936.4(b), silvicultural methods, yarding systems, road location, and site preparation activities. In no case shall the width be adjusted to less than 50 feet for Class I and II waters. Where soil surfaced roads exist within the standard WLPZ, no in-lieu reduction of WLPZ width shall be approved.
(6) Within the WLPZ, at least 75 percent surface cover and undisturbed area shall be retained to act as a filter strip for raindrop energy dissipation, and for wildlife habitat.
This percentage may be adjusted to meet site specific conditions when proposed by the RPF and approved by the Director or where broadcast burning is conducted under the terms of a project type burning permit and in compliance with 14 CCR 935.2(b).
(c) The protection and WLPZ widths for Class III and Class IV waters shall prevent the degradation of the downstream beneficial use of water and shall be determined on a site-specific basis.
(1) Where operations occur adjacent to Class III watercourses, the RPF shall designate in the THP an equipment limitation zone (ELZ) of at least 25 feet where sideslope steepness is less than 30% and at least 50 feet where sideslope steepness is 30% or greater unless explained and justified otherwise in the THP and approved by the director. Class III watercourses within logging areas where the EHR is Low and the slopes are less than 30% shall not require an ELZ unless proposed by the RPF or required by the Director. The RPF shall describe the limitations on the use of heavy equipment in the THP. Where appropriate to protect the beneficial uses of water the RPF shall describe additional protection measures which may include surface cover retention, vegetation protection and timber falling limitations. The location of the areas of heavy equipment use in any ELZ shall be clearly described in the plan, or flagged or marked on the ground before the preharvest inspection. When necessary to protect the beneficial use of water, the RPF shall designate and the Director may require a WLPZ for Class III and Class IV waters or an ELZ for Class IV waters.
(2) The width of the WLPZ for Class III and Class IV waters shall be determined from on-site inspection. Minimum protective measures required when Class III and Class IV protection zones are necessary are contained in Table I 14 CCR 936.5.
(3) Soil deposited during timber operations in a Class III watercourse other than at a temporary crossing shall be removed and debris deposited during timber operations shall be removed or stabilized before the conclusion of timber operations, or before October 15. Temporary crossings shall be removed before the winter period, or as approved by the Director.
(4) When approved by the Director on an individual plan basis as provided in Section 14 CCR 936.4(c)(1) Class IV waters shall be exempted from required protection when such protection is inconsistent with the management objectives of the owner of the manmade watercourse.
(d) Heavy equipment shall not be used in timber falling, yarding, or site preparation within the WLPZ unless such use is explained and justified in the THP, and approved by the Director. 
(e) Flagging for heavy equipment use within the WLPZ adjacent to Class I waters and for all tractor road watercourses crossings of all watercourses must be completed before the preharvest inspection, if one is conducted or start of operations, whichever comes first. Flagging for heavy equipment use within the WLPZ adjacent to Class II, III and IV waters may be done at the option of the RPF or as required by the director on a site-specific basis.
(f) Subsection (d) does not apply to (1)-(4) below. Subsection (e) does not apply to (2)-(4) below.
(1) At prepared tractor road crossings as described in 934.8(b).
(2) Crossings of Class III watercourses which are dry at the time of timber operations.
(3) At existing road crossings.
(4) At new tractor and road crossings approved as part of the Fish and Game Code process (F&GC 1600 et. seq.)
NOTE

Authority cited: Sections 4551, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 21001(f), Public Resources Code; Sections 1600 and 5650(c), Fish and Game Code; Sections 100, 13000 and 13050(f), Water Code; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 26).
3. Amendment of subsection (d) filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
4. Amendment and new subsection (b)(6) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
5. Amendment of subsections (d)-(d)(2) and new final subsections (1)-(4) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
6. Repealer and new subsection (c)(1), amendment of subsection (d), redesignation and amendment of former sections (d)(1)-(d)(2) as new subsection (e), and new subsection (f) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
7. Amendment of subsection (a) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
8. Editorial correction of subsection (d) (Register 99, No. 26).
9. Redesignation and amendment of portion of subsection (a) as (a)(1), new subsections (a)(2)-(6), amendment of subsection (b), new subsection (b)f. and subsection relettering filed 12-1-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
§936.5. Procedure for Determining Watercourse and Lake Protection Zone (WLPZ) Widths and Protective Measures.
Note     •     History

The following procedure for determining watercourse and lake protection zone (WLPZ) widths and protective measures. The following procedure for determining WLPZ widths and protective measures shall be followed:
(a) The following information shall be determined from field investigation:
(1) The location of all lakes and watercourses including man made watercourses.
(2) The existing and restorable beneficial uses of the waters to be protected as identified in subsection (1) above.
(3) The side slope classes for the individual class waters to be protected (e.g. < 30%, 30-50%,), where side slope is measured from the watercourse or lake transition line  to a point 100 feet upslope from the watercourse or lake transition line, or, in the absence of riparian vegetation, from the top of the watercourse bank. Where slope configurations are variable, a weighted average method shall be used to determine sideslope percent.

View Graphic
(b) The beneficial uses noted from the field investigations in subsection (a) shall be compared to the characteristics or key beneficial uses listed in Row 1 of Table I (14 CCR 936.5) to determine the water classes (e.g. I, II, III, IV, Row 2).
(c) The standard protection zone width differentiated by slope classes determined in subsection (a) are shown in Rows 4-7, Table I (14 CCR 936.5). These widths may be modified as stated in 14 CCR 936.4(b)(5).
(d) The alphabetical letter designations A through I in Rows 4-7, Table 1 14 CCR 936.5, and described in subsection (e) to Table I indicate the standard protective measures to be applied to the classes of water as determined in subsection (b) above.
(e) The letter designations shown in the “Protective Measures and Widths” column in Table I correspond to the following:
“A” WLPZ shall be clearly identified on the ground by the RPF who prepared the plan, or supervised designee, with paint, flagging, or other suitable means prior to the preharvest inspection. For nonindustrial timber management plans, sample identification of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and be consistent with the applicable provisions of 14 CCR §§936.4 and 936.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample identification is adequate for plan evaluation during the preharvest inspection. If sample identification is allowed, the remaining WLPZ shall be identified by an RPF or supervised designee prior to the start of timber operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified.
“B” WLPZ shall be clearly identified on the ground by an RPF or supervised designee, with paint, flagging, or other suitable means, prior to the start of timber operations. In watersheds with listed anadromous salmonids, on the ground identification of the WLPZ shall be completed prior to the preharvest inspection. For all nonindustrial timber management plans, sample identification of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and be consistent with the applicable provisions of 14 CCR §§936.4 and 936.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample identification is adequate for plan evaluation during the preharvest inspection. If sample identification is allowed, the remaining WLPZ shall be identified by an RPF or supervised designee prior to the start of timber operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified.
“C” In site-specific cases, the RPF may provide in the plan, or the director may require, that the WLPZ be clearly identified on the ground with flagging or by other suitable means prior to the start of timber operations.
“D” To ensure retention of shade canopy filter strip properties of the WLPZ and the maintenance of a multi-storied stand for protection of values described in 14 CCR §936.4(b), residual or harvest trees shall be marked, including a base mark below the cut-line within the WLPZ by the RPF, or supervised designee. Outside of watersheds with listed anadromous salmonids, sample marking prior to the preharvest inspection is satisfactory in those cases where the Director determines it is adequate for plan evaluation. When sample marking has been used, the remaining WLPZ shall be marked in advance of falling operations by the RPF, or supervised designee. In watersheds with threatened or impaired values, trees shall be marked in advance of the preharvest inspection. For all nonindustrial timber management plans, sample marking of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and shall be consistent with the applicable provisions of 14 CCR §§936.4 and 936.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample mark is adequate for plan evaluation during the preharvest inspection. If sample marking is allowed, the remaining WLPZ shall be marked by an RPF, or supervised designee, prior to the start of timber operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified.
“E” To ensure retention of shade canopy filter strip properties of the WLPZ and the maintenance of a multi-storied stand for protection of values described in 14 CCR §936.4(b), residual or harvest trees shall be marked, including a base mark below the cut line, within the WLPZ by the RPF or supervised designee. Outside of watersheds with listed anadromous salmonids, tree marking shall be done prior to timber falling operations. In watersheds with listed anadromous salmonids, trees shall be marked in advance of the preharvest inspection. For all nonindustrial timber management plans, sample marking of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and shall be consistent with the applicable provisions of 14 CCR §§936.4 and 936.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample mark is adequate for plan evaluation during the preharvest inspection. If sample marking is allowed, the remaining WLPZ shall be marked by an RPF or supervised designee prior to the start of timber operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified. 
“F” Residual or harvest tree marking within the WLPZ may be stipulated in the THP by the RPF or required by the Director in site-specific cases to ensure retention of filter strip properties or to maintain soil stability of the zone. The RPF shall state in the THP if marking was used in these zones.
“G” To protect water temperature, filter strip properties, upslope stability, and fish and wildlife values, at least 50% of the overstory and 50% of the understory canopy covering the ground and adjacent waters shall be left in a well distributed multi-storied stand composed of a diversity of species similar to that found before the start of operations. The residual overstory canopy shall be composed of at least 25% of the existing overstory conifers. Species composition may be adjusted consistent with the above standard to meet on-site conditions when agreed to in the THP by the RPF and the Director.
“H” At least 50 percent of the understory vegetation present before timber operations shall be left living and well distributed within the WLPZ to maintain soil stability. This percentage may be adjusted to meet on-site conditions when agreed to by the RPF and the Director. Unless required by the Director, this shall not be construed to prohibit broadcast burning with a project type burning permit for site preparation.
“I” To protect water temperature, filter strip properties, upslope stability, and fish and wildlife values, at least 50% of the total canopy covering the ground shall be left in a well distributed multi-storied stand configuration composed of a diversity of species similar to that found before the start of operations. The residual overstory canopy shall be composed of at least 25% of the existing overstory conifers. Due to variability in Class II watercourses these percentages and species composition may be adjusted to meet on-site conditions when agreed to by the RPF and the Director in the THP.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4513, 4551.5 and 21001(f), Public Resources Code; Sections 100, 13000 and 13050(f), Water Code; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment of section heading, section, and Table I filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
4. Amendment of subsections (e)“B,” “D” and “E” filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
5. Amendment of subsection (e) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
6. Editorial correction of subsection (e) (Register 97, No. 48).
7. Editorial correction of table heading and table (Register 99, No. 26).
8. Amendment of subsection (e) filed 11-16-2006; operative 1-1-2007 pursuant to Public Resources Code section 4554.5 (Register 2006, No. 46).
9. Amendment of subsection (e) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§936.6. Alternative Watercourse and Lake Protection.
Note     •     History

(a) Alternative prescriptions for the protection of watercourses and lakes may be developed by the RPF or proposed by the Director on a site-specific basis provided the following conditions are complied with and the alternative prescriptions will achieve compliance with the standards set forth in 936.3 and 956.4(b):
(1) The following information regarding an alternative prescription shall be included in the THP:
(A) An identification of each standard prescription which would be replaced by the alternative prescription.
(B) An identification of any beneficial uses of water or other features listed in 14 CCR 936.4(b), which may be adversely affected by the replaced standard prescription and the alternative practice.
(C) An evaluation of any significant effects on such beneficial uses or features due to implementation of the alternative prescription.
(D) A clear and complete explanation and justification as to the reasons why, given site-specific technical, environmental, economic, or institutional considerations, an alternative prescription is needed. The reasons given must include at least one of the following:
1. Implementation of the specified standard prescriptions would not be feasible.
2. Implementation of the specified standard prescription(s) would not adequately prevent or reduce damage to the quality and beneficial uses of water.
3. Implementation of the proposed alternative prescription would provide equal or greater protection, including all proposed mitigations for the quality and beneficial uses of water and those features listed in 936.4(b), than would implementation of the specified standard prescriptions.
(E) A plan for evaluating the results of the proposed alternative practice by either the plan submitter or the Director. The plan must include the criteria and procedures for evaluating and inspecting each approved alternative practice.
(2) The alternative measures stated in the plan shall be written so that they provide clear, enforceable standards for the guidance of the timber operator.
(3) Prior to beginning or continuing an operation in which alternative measures have been added to an approved THP in regard to watercourse and lake protection measures, the timber operator shall acknowledge the new specifications by signing and filing with the director, a copy of the amended plan.
(b) The director shall not accept for inclusion in a THP alternative watercourse and lake protection measures which do not meet the standard of subsection (a) of this section. In the event that written comments received from two or more agencies listed in 4582.6 PRC and 14 CCR 1037.3 and which participated in review of the plan, including on-the-ground inspection, lead to the conclusion that the proposed alternative does not meet the criteria of Section 936.5, and is therefore not consistent with rules of the Board, the director shall reject the proposed alternative.
(c) Alternative practices stated in an approved THP shall have the same force and authority as those practices required by the standard rule.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513 and 4551.5, Public Resources Code; and USC Section 1288(b)(2)(F).
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-30-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment of subsection (a), repealer of subsection (a)(1), new subsections (a)(1)(A)-(E), and amendment of subsection (b) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
§936.7. Reduction of Soil Loss.
Note     •     History

Within the watercourse and lake protection zone adjacent to Class I and Class II waters, areas where mineral soil exceeding 800 continuous square feet in size, exposed by timber operations, shall be treated for reduction of soil loss. Treatment shall be done prior to October 15th except that such bare areas created after October 15th shall be so treated within 10 days, or as agreed to by the director. Stabilization measures shall be included and explained in the THP or other required notices. Stabilization measures shall be selected that will prevent significant movement of soil into Class I and II waters and may include, but need not be limited to, mulching, rip-rapping, grass seeding, or chemical soil stabilizers.
(a) This section does not apply to the traveled surface of roads. Erosion control measures on road surfaces are specified in 14 CCR 943.
(b) Where mineral soil has been exposed by timber operations on approaches to watercourse crossings of Class I or II waters, or Class III waters if an ELZ or WLPZ is required, the disturbed area shall be stabilized to the extent necessary to prevent the discharge of soil into watercourses or lakes in amounts deleterious to the quality and beneficial uses of water.
(c) Where necessary to protect beneficial uses of water from timber operations, protection measures, such as seeding, mulching, or replanting, shall be specified to retain and improve the natural ability of the ground cover within the standard width of the WLPZ to filter sediment, minimize soil erosion, and stabilize banks of watercourses and lakes.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4562.5 and 4562.7, Public Resources Code; 40 CFR 35.1505; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-30-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. New subsections (a) and (b) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
4. Editorial correction of subsection (b) (Register 95, No. 41).
5. Editorial correction inserting inadvertently omitted first paragraph (Register 96, No. 50).
6. New subsection (b) and subsection relettering filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
§936.8. Sensitive Watersheds.
Note     •     History

The Board, at a public hearing, shall determine whether nominated planning watersheds are “sensitive” to further timber operations.  Classifications of a water shed as “sensitive” shall be supported by substantial evidence that a condition, or conditions, exist(s) where further timber operations within the planning watershed will create a reasonable potential to cause, or contribute to ongoing, significant adverse cumulative effect(s) on the resources identified in 916.8(a)(3) [936.8(a)(3), 956.8(a)(3)], and as set forth in Technical Rule Addendum No. 2 (14 CCR 912.9) [932.9, 952.9] and that mitigation of such significant cumulative effects requires the application of protection measures not required by the Forest Practice Rules.  For all planning watersheds classified as “sensitive”, the Board shall identify the specific resources which are sensitive to further timber operations and specific mitigation measures that will provide the necessary protection of the sensitive resource(s).  A Board finding that a planning watershed is no longer sensitive shall be supported by substantial evidence that such conditions no longer exist.  Unless and until a planning watershed(s) is classified as sensitive and any necessary rulemaking completed, the existing rules shall apply.
(a) Nomination process:
The Director, local, state, or federal agencies and the public may nominate planning watersheds to the Board and shall provide evidence supporting classification of the watershed as sensitive.  The nominator shall discuss the effects that further timber operations will have on the specific resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3), 956.8(a)(3)] which are at risk within the nominated watershed and specify those effects not sufficiently addressed under the forest practice rules and discuss the significance of the effects in light of the condition of the resources in areas adjacent to the planning watershed.  Such nominations must be accompanied by the following information, descriptions, documents, or maps as appropriate:
1. Name, approximate size and location of the watershed(s) identified by county, township and range, and name(s) of USGS topographic map(s) on which the planning watershed is found.
2. The name of the higher-order stream, if any, to which the watershed is tributary.
3. Specific resources that are significantly threatened by further timber operations on non-federal timberland in the nominated watershed, including, as appropriate, but not limited to:
A. fish, aquatic organisms, aquatic habitat, or riparian habitat;
B. domestic and other water supplies, water quality, other beneficial uses of water existing at the time of nomination or factors related to the stream system and channel morphology.
C. downstream reservoirs, navigable channels, water diversion and transport facilities, estuaries, and harbors;
D. wildlife species, or the habitat of species, listed under state or federal law as rare, threatened or endangered, candidate, or sensitive, including discussion of the habitat features threatened by timber operations;
E. wildlife species with narrow geographic range, low density, low reproductive rates, and highly dependent on localized habitat features, including discussion of the habitat features threatened by timber operations and a discussion of why protective measures are required to prevent a loss of population viability.
4. Natural or management-induced conditions present in the watershed which pose a significant threat to the resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above, including, as appropriate, but not limited to:
A. steep slopes and easily destabilized soils;
B. continuing landslide or soil erosion problems related to past or ongoing land-use activities;
C. extensive ground disturbance, particularly associated with roads, skid trails, landings, and watercourse crossings;
D. accelerated aggradation, streambank erosion, and channel scouring;
E. changes in the habitat or condition of wildlife species identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above.
F. accelerated rates of proposed road construction or timber harvesting within a watershed or near streams or springs. 
5. Approved Habitat Conservation Plans or other documents approved or under review by public agencies within the nominated watershed which provide for maintenance or improvement over time of management induced conditions within or adjacent to the planning watershed or forest district.
6. Suggested, feasible mitigation measures needed, in addition to current forest practice rules, to provide adequate protection for resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above, and to mitigate or avoid new or continuing significant cumulative effects related to timber operations, including, but not limited to, restoration or rehabilitation of degraded resources within any portion of the proposed sensitive watershed.
7. Other information about the watershed that may assist the Board to evaluate the nomination.
8. Literature citations, expert written opinion, and other relevant sources of information and, where possible, copies of information used to complete the nomination.
9. A list of names and mailing addresses of the following:
A. landowners of 40 acres or more of lands zoned for timber production in the planning watershed;
B. public water purveyors and known private purveyors within the planning watershed;
C. commonly known watershed associations within the planning watershed;
D. commonly known neighborhood or community associations within the planning watershed;
E. chairman, county board of supervisors;
F. chairman, county planning commission;
G. local manager for any public agency having custodial responsibility for timberlands within the planning watershed; and
H. district or local representatives for review team agencies.
10. A draft notice for newspaper publication containing the information in (a)(1)-(3), a statement that a public hearing will be scheduled before the Board within 60 days of Board receipt of a nomination forwarded by the committee, and a statement that further information can be obtained from the local Department Ranger Unit Headquarters.
(b) Notice Process
The Board shall mail notice of the nominated watershed, as provided in (a)10, to the addresses of parties described in 9 A-H and shall publish the provided notice one time in a newspaper with general circulation in the county containing the planning watershed.  Such notice shall be provided following a determination that information contained in the nomination meets the requirements of 14 CCR 916.8(a) [936.8(a) and 956.8(a)], above.
(c) Screening Process:
Before consideration by the Board, nominations shall be screened for compliance with the informational requirements by a nominations review committee, which may consist of the appropriate District Technical Advisory Committee or other Board Committee, as determined by the Board.  The nominations review committee shall consult with CDF, the appropriate Regional Water Quality Control Board, the Department of Fish and Game, the Division of Mines and Geology, and other(s) as deemed necessary to determine whether the nomination is supported by substantial evidence.  The nominations review committee shall then forward a recommendation for approval or denial of the nomination to the Board within 120 days of the date of receipt by the committee, or such longer time provided by the Board.  The nominations review committee shall describe its specific reason(s) for recommending approval or denial of the nomination.  In the event that the committee forwards a recommendation for approval, it shall describe the substantial evidence which supports nomination, including specific reasons why the current forest practice rules are inadequate to protect the specific resources at risk and shall provide the following information:
1. A list of which resource is threatened and by which timber operations;
2. if possible, performance standard(s) for timber operations that will avoid or mitigate new or continuing significant cumulative effects;
3. additional information that is needed for evaluating the impacts of proposed timber operations and is to be included in harvesting plans submitted in the planning watershed; 
4. Onsite mitigation measures in addition to the current forest practice rules, which can be required by the Director to mitigate the impacts of timber operations within the watershed;
5. Offsite mitigation measures that can be applied within or outside of the sensitive watershed area to offset adverse on-site impacts of timber operations.  If such mitigation measures are proposed to protect the resources discussed in subdivision (a)(3)(A) and (B), they must occur in the same drainage.  Such measures may include, but are not limited to, voluntary mitigation agreements among ownerships.
6. If needed, recommended alternatives to evaluate the implementation and effectiveness of mitigations required under this section.
7. Exemptions for ownerships, emergencies, or land-use classifications that are different than those provided in the current forest practice regulations and that may be applied in the watershed.
(d) Public hearing Process:
The Board shall consider the recommendations of the nominations review committee at a public hearing on classification of the planning watershed, which will be held within 60 days of receipt from the committee.  The watershed nomination and recommendations of the committee will be made available to the public between the date of receipt by the Board and the public hearing.  Recommendations adopted by the Board which have the effect of a regulation shall be processed in accordance with the Administrative Procedures Act (Section 11340. et seq. Gov. Code).
NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21000(b), (f), 21002 and 21002.1, Public Resources Code; and 33 USC 1288(b)(2)(F).
HISTORY

1. New section filed 1-7-94; operative 3-1-94 (Register 94, No. 1). For prior history, see Register 92, No. 40.
§936.9. Protection and Restoration of the Beneficial Functions of the Riparian Zone in Watersheds with Listed Anadromous Salmonids.
Note     •     History

In addition to all other district Forest Practice Rules, the following requirements shall apply in any watershed with listed anadromous salmonids. Requirements of 14 CCR §936.9 precede other sections of the FPRs. 
[Effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective] In addition to all other district Forest Practice Rules, the following requirements shall apply in any planning watershed with threatened or impaired values, except in watersheds with coho salmon where the standards listed under 916.9.1 and 916.9.2 shall apply:
Geographic scope -- Requirements for watersheds with listed anadromous salmonids differ depending on the geographic location of the watershed and geomorphic characteristics of the watercourse. Unique requirements for watersheds with listed anadromous salmonids are set forth for 1) watercourses in the coastal anadromy zone with confined channels, 2) watercourses with flood prone areas or channel migration zones, and 3) watercourses with confined channels located outside the coastal anadromy zone.
Watersheds which do not meet the definition of “watersheds with listed anadromous salmonids” are not subject to this section except as follows: The provisions of 14 CCR §§936.9, subsections (k)-(q), 943.3 and 943.9 also apply to planning watersheds immediately upstream of, and contiguous to, any watershed with listed anadromous salmonids for purposes of reducing significant adverse impacts from transported fine sediment. Projects in other watersheds further upstream that flow into watersheds with listed anadromous salmonids, not otherwise designated above, may be subject to these provisions based on an assessment consistent with cumulative impacts assessment requirements in 14 CCR §§898 and 932.9 and Technical Rule Addendum No. 2, Cumulative Impacts Assessment. These requirements do not apply to upstream watersheds where permanent dams attenuate the transport of fine sediment to downstream watercourses with listed anadromous salmonids.
(a) Goal -- Every timber operation shall be planned and conducted to protect, maintain, and contribute to restoration of properly functioning salmonid habitat and listed salmonid species. To achieve this goal, every timber operation shall be planned and conducted to: 
(1) Comply with the terms of a Total Maximum Daily Load (TMDL).
(2) Prevent significant sediment load increase to a watercourse system or lake. 
(3) Prevent significant instability of a watercourse channel or of a watercourse or lake bank. 
(4) Prevent significant blockage of any aquatic migratory routes for any life stage of anadromous salmonids or listed species. 
(5) Prevent significant adverse effects to streamflow.
(6) Consistent with the requirements of 14 CCR § 936.9, subsections (f), (g), (h) and (v), protect, maintain, and restore trees (especially conifers), snags, or downed large woody debris that currently, or may in the foreseeable future, provide large woody debris recruitment needed for instream habitat structure and fluvial geomorphic functions. 
(7) Consistent with the requirements of 14 CCR § 936.9, subsections (f), (g), (h) and (v), protect, maintain, and restore the quality and quantity of vegetative canopy needed to: 
(A) provide shade to the watercourse or lake to maintain daily and seasonal water temperatures within the preferred range for anadromous salmonids or listed species where they are present or could be restored; and 
(B) provide a deciduous vegetation component to the riparian zone for aquatic nutrient inputs. 
(8) Prevent significant increases in peak flows or large flood frequency. 
(b) Pre-plan adverse cumulative watershed effects -- Pre-plan adverse cumulative watershed effects on the populations and habitat of anadromous salmonids shall be considered. The plan shall specifically acknowledge or refute that such effects exist. When the proposed timber operations, in combination with any identified pre-plan watershed effects, will add to significant adverse existing cumulative watershed effects, the plan shall set forth measures to effectively reduce such effects. 
(c) Objectives for timber operations or silvicultural prescriptions in WLPZs -- Any timber operation or silvicultural prescription within any watercourse or lake protection zone shall have protection, maintenance, or restoration of the beneficial uses of water, and properly functioning salmonid habitat and listed aquatic or riparian-associated species as significant objectives. Specific objectives are described below.
(1) Core Zone: The primary objective for this zone is streamside bank protection to promote bank stability, wood recruitment by bank erosion, and canopy retention. Timber operations are generally excluded from this zone and limited to actions which meet the objectives stated above or improve salmonid habitat consistent with 14 CCR §936.9 subsections (a) and (c).
(2) Inner Zone: The primary objective for this zone is to develop a large number of trees for large wood recruitment, to provide additional shading, to develop vertical structural diversity, and to provide a variety of species (including hardwoods) for nutrient input. This is accomplished through the establishment of high basal area and canopy retention by retaining or more rapidly growing a sufficient number of large trees. Additional specific objectives include locating large trees retained for wood recruitment nearer to the Core Zone and maintaining or improving salmonid habitat on flood prone areas and CMZs when present. Timber operations within WLPZs are limited to those actions which meet the objectives stated above or to improve salmonid habitat consistent with 14 CCR §936.9 subsection (a) and (c).
(3) Outer Zone: The primary objective for this zone is to buffer the Inner and Core Zones and to provide the following functions: 1) wind resistance where windthrow is common or likely to occur, 2) additional wood recruitment, 3) microclimate control in the Inner or Core Zones for purposes other than limiting water temperature change, 4) habitat for terrestrial wildlife species that depend on riparian areas, and 5) an additional sediment filter on steeper slopes with high or moderate erosion hazard rating when tractor operations are proposed.
(4) Class II large watercourses (Class II-L): The primary objective is to maintain, protect or restore the values and functions of Class II-L type watercourses described below. Class II-L type watercourses: (i) can supply water and nutrients to a Class I watercourse during the month of July during a year of average precipitation and runoff as derived from long-term average precipitation data sets available from CAL FIRE, U.S. Geological Survey, or National Oceanic and Atmospheric Administration (NOAA), (ii) can supply coarse and fine sediment to the Class I channel, and (iii) may be able to supply wood of a size that would function as large wood for the Class I watercourse. Recruitment, delivery and retention of large wood in Class II- L type watercourses is also critical, as large wood increases sediment storage and decreases the rate of sediment transport to fish-bearing Class I watercourses. Other objectives stated in 14 CCR §936.9 subsections (c)(1) and (2) above for the Core Zone and Inner Zone are also desired objectives for Class II-L type watercourses. 
(5) A primary objective for all WLPZs is to implement practices to maintain, protect and contribute to restoration of properly functioning salmonid habitat and repair conditions detrimental to the species or species habitat. Practices to meet this objective include, but are not limited to, thinning for increased conifer growth; felling or yarding trees for wood placement in the channel; restoration of conifer deficient areas; management to promote a mix of conifers and hardwoods; abandonment and upgrading of non- functioning or high risk roads, watercourse crossings, tractor roads, and landings; and fuel hazard reduction activities that will reduce fire hazards and stand replacing wildfires which would result in significant adverse effects to salmonid species or riparian habitat. 
(d) Measures to Offset Adverse Watershed Effects --
(1) The plan shall fully describe: (A) the type and location of each measure needed to fully offset sediment loading, thermal loading, and potential significant adverse watershed effects from the proposed timber operations, and (B) the person(s) responsible for the implementation of each measure, if other than the timber operator. 
(2) In proposing, reviewing, and approving such measures, preference shall be given to the following: (A) measures that are both onsite (i.e., on or near the plan area) and in-kind (i.e., erosion control measures where sediment is the problem), and (B) sites that are located to maximize the benefits to the impacted portion of a watercourse or lake. Out-of-kind measures (i.e., improving shade where sediment is the problem) shall not be approved as meeting the requirements of this subsection. 
(e) Channel zone requirements --
(1) There shall be no timber operations within the channel zone with the following exceptions: 
(A) Actions directed to improve salmonid habitat with review and concurrence by DFG. 
(B) Actions necessary for the construction, reconstruction, removal, or abandonment of approved watercourse crossings. 
(C) Actions necessary for the protection of public health, safety and general welfare. This includes actions necessary to protect infrastructure facilities including, but not limited to, roads, bridges, powerlines, utilities, water drafting structures, homes, and other legally permitted structures.
(D) Actions to allow for full suspension cable yarding when necessary to transport logs through the channel zone. 
(E) Class III watercourses consistent with 14 CCR §936.9 subsection (h)(7).
(F) Actions reviewed by the RWQCB which seek to correct or remediate adverse impacts to the beneficial uses of water. 
(2) In all instances where trees are proposed to be felled within the channel zone, a base mark shall be placed below the cut line of the harvest trees within the zone. Such marking shall be completed by the RPF that prepared the plan, or a supervised designee, prior to the preharvest inspection. 
(f) Class I watercourses --
(1) For Class I watercourses, where fish are always or seasonally present or where fish habitat is restorable, any plan involving timber operations within the WLPZ shall contain the following information:
(A) Clear and enforceable specifications of timber operations within the Class I WLPZ, including a description of how any disturbance, or log or tree cutting and removal shall be carried out to conform with 14 CCR §§936.2, subsection (a) and 936.9, subsection (a). 
(B) A description of all existing permanent logging road watercourse crossings. 
(C) Clear and enforceable specifications describing how these crossings are to be modified, used, and treated to minimize risks, giving special attention to allowing fish to pass both upstream and downstream during all life stages.
(D) Clear and enforceable specifications for construction and operation of any new crossing(s) of a Class I watercourse to prevent direct harm, habitat degradation, water velocity increase, hindrance of fish passage, or other potential impairment of beneficial uses of water.(E) Documentation of how proposed harvesting in the WLPZ contributes to the objectives of each zone stated in 14 CCR §936.9, subsection (c) and other goals in 14 CCR §936.9, subsection (a)(1)-(8). Documentation shall include the examinations, analysis, and other requirements listed in 14 CCR §936.4, subsection (a).
(2) Class I watercourses with confined channels in watersheds in the coastal anadromy zone: The following are the minimum requirements for WLPZ delineation and timber operations in Class I WLPZs in watersheds in the coastal anadromy zone where confined channels are present. WLPZ width ranges from 100-150 feet slope distance, depending on the silvicultural system applied above the WLPZ. Three Zones are established within the WLPZs: The Core Zone is nearest to the water, the Inner Zone is the middle zone contiguous to the Core Zone, and the Outer Zone is furthest from the water and contiguous to the Inner Zone. Graphic depictions of zones and the abbreviated descriptions of the silvicultural prescriptions and operational requirements are shown in Figure 4. Table 1 specifies the enforceable standards to be used for protection of Class I watercourses for the area included in the coastal anadromy zone:
(A) Core Zone: The minimum width of the Core Zone shall be 30 feet measured from the watercourse transition line or lake transition line. No timber operations are permitted in this zone except for those listed in 14 CCR §936.9, subsection (e)(1) (A)-(F), or those approved pursuant to 14 CCR §936.9, subsection (v). Sanitation-Salvage is prohibited except as provided in 14 CCR §936.9, subsections (s), (t), and (u). 
(B) Inner Zone: The minimum width of the Inner zone shall be 70 feet measured from the landward edge of Core Zone. Timber operations are permitted in this zone when conducted to meet the goals of this section, objectives for the Inner Zone in 14 CCR §936.9, subsection (c)(2), pursuant to 14 CCR §936.9, subsections (e)(1)(A)-(F), or pursuant to 14 CCR §936.9, subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements: 
1. When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand. 
2. Sanitation-Salvage is prohibited except as provided in 14 CCR §936.9, subsections (s), (t), and (u). 
3. Postharvest stand shall have a minimum 80% overstory canopy cover in the Coast and Southern Forest Districts of the coastal anadromy zone and a minimum 70% overstory canopy cover in the Northern Forest District of the coastal anadromy zone. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
4. Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
5. Large trees retained to meet 14 CCR §936.9, subsections (f)(2)(B)(1.) and (3.) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g., trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees. 
(C) Outer Zone: The minimum width of the Outer Zone shall be 50 feet measured from the landward edge of Inner Zone. This zone is required where evenaged regeneration methods, seed tree removal, shelterwood removal, alternative prescriptions declared under 14 CCR §933.6, subsection (b)(3) as most related to any evenaged silvicultural system, variable retention or rehabilitation of understocked areas will be utilized contiguous to the watercourse and lake protection zone. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Outer Zone in 14 CCR §936.9, subsection (c)(3), and (5), pursuant to 14 CCR §936.9, subsection (e)(1)(A)-(F), or pursuant to 14 CCR §936.9, subsection (v). Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. Postharvest stand shall have a minimum 50% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
2. Priority shall be given to retain wind firm trees. 
(D) Preferred Management Practices in the Inner and Outer Zones: When timber operations are considered pursuant to 14 CCR §§936.3, subsection (c) and 936.4, subsection (d), the following Preferred Management Practices should be considered for inclusion in the Plan by the RPF and by the Director:
1. Preflagging or marking of any skid trails before the preharvest inspection;
2. Heavy equipment should be limited to slopes less than 35% with low or moderate EHRs; 
3. Use feller bunchers or hydraulic heel boom loaders which do not drag/skid logs through the zone;
4. Minimize turning of heavy equipment which would result in increased depth of ground surface depressions; and
5. Use mechanized harvesting equipment which delimb harvested trees on pathway over which heavy equipment would travel. 
(E) Additional Special Operating Zone: For situations contiguous to the Outer Zone where evenaged regeneration methods, seed tree removal step, shelterwood removal step, alternative prescriptions declared under 14 CCR §933.6, subsection (b)(3) as most related to any evenaged silvicultural system, variable retention or rehabilitation of understocked areas with the same effect as a clearcut is used, slopes are greater than 50%, and the Outer Zone is located on any north aspect, the RPF shall consider the need for a special operating zone for purposes of shading the watercourse from direct low angle solar radiation from beneath the overstory canopy that is expected to have a potential significant adverse impact on water temperature. When the special operating zone is needed, the special operating zone shall retain understory and mid-canopy conifers and hardwoods. These trees shall be protected during falling, yarding and site preparation to the extent feasible. Width of the zone shall be 50 feet measured from the landward edge of the Outer Zone. 

Table 1: Procedure for Determining WLPZ Widths and Protective Measures 
Class I WLPZs -- Confined Channels -- Coastal Anadromy Zone

View Graphic

Figure 4: Graphic of profile view of Class I WLPZ with confined channels in watersheds in the coastal anadromy zone (not to scale)

View Graphic

Outer Zone:
50 ft. Outer Zone required only when even aged silv. system contiguous to WLPZ
Modified commercial thinning or single tree selection
50% overstory canopy (OSC)

	Inner Zone:
	Modified commercial thinning or single tree selection
	Increase QMD
	No Sanitation Salvage
	Retain 80% OSC in the Coast and Southern Forest Districts of the coastal anadromy
	zone and 70% OSC in the Northern Forest District of the coastal anadromy zone
	Retain 13 largest trees/ac.
(3) Class I watercourses with flood prone areas or channel migration zones: The following are the minimum requirements for WLPZ delineation and timber operations in Class I WLPZs in locations where flood prone areas and/or CMZs are present. WLPZ widths vary depending on the extent of the flood prone area and silvicultural system applied contiguous to the WLPZ. 
There are up to 5 zones established within the WLPZ: The CMZ (when present), the Core Zone is the portion of the flood prone area nearest the water (and contiguous to the CMZ when present), the Inner Zone A is contiguous to the Core Zone , the Inner Zone B is contiguous to Inner Zone A and extends to the landward edge of the flood prone area, and the Outer Zone is hillslope area and is contiguous to the Inner Zone B and landward perimeter of the flood prone area. Table 2 specifies the enforceable standards to be used for protection of Class I watercourses with flood prone area or channel migration zones. The zones and the abbreviated descriptions of the silvicultural prescriptions, and operational requirements are shown in Figure 5.
(A) Channel Migration Zone: When a CMZ is present, no timber operations are permitted in this zone except for those listed in §936.9, subsection (e)(1)(A)-(F), or pursuant to 14 CCR §936.9, subsection (v). 
(B) Core Zone: The minimum width of the Core Zone shall be 30 feet measured from the watercourse transition line or lake transition line. No timber operations are permitted in this zone except for those listed in 14 CCR §936.9, subsection (e)(1) (A)-(F), or those approved pursuant to 14 CCR §936.9, subsection (v). Sanitation-Salvage is prohibited except as provided in 14 CCR §936.9, subsections (s), (t), and (u).
(C) Inner Zone A: The Inner Zone A generally encompasses the portion of the flood prone area from 30 feet beyond the WTL (Core Zone perimeter) up to 150 feet from the WTL. The minimum width of the Inner Zone A shall be the greater of the distance from the landward edge of the Core Zone to the landward edge of the Inner Zone A or 70 feet. The maximum width is 120 feet. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR §936.9, subsection (c)(2), pursuant to 14 CCR §936.9, subsections (e)(1) (A)-(F) or pursuant to 14 CCR §936.9, subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand.
2. Sanitation-Salvage is prohibited except as provided in 14 CCR §936.9, subsections (s), (t), and (u). 
3. Postharvest stand shall have a minimum 80% overstory canopy cover in the Coast and Southern Forest Districts of the coastal anadromy zone and a minimum 70% overstory canopy cover in all other watersheds with listed anadromous salmonids. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
4. Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
5. Large trees retained to meet 14 CCR §936.9, subsections (f)(3)(C)(1.) and (3.) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g. trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees. 
(D) Inner Zone B: The Inner Zone B is applicable when there are very wide flood prone areas. The Inner Zone B encompasses the portion of the flood prone area from the landward edge of the Inner Zone A (i.e.150 feet from the WTL) to the landward edge of the flood prone area. The landward edge of the Inner Zone B (i.e. the landward perimeter of the flood prone area) shall be established in accordance with flood prone area definitions in 14 CCR §895.1. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR §936.9, subsection (c)(2), 14 CCR §936.9, subsection (e)(A)-(F), or pursuant to 14 CCR §936.9, subsection (v). Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
2. Postharvest stand shall have a minimum 50% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
(E) Preferred Management Practices in the Inner Zone A and B of flood prone areas. When timber operations are considered pursuant to 14 CCR §936.3, subsection (c) and 936.4, subsection (d), the following Preferred Management Practices should be considered for inclusion in the Plan by the RPF and by the Director when timber operations are conducted in the Inner Zones of the flood prone area. 
1. Implement actions to improved salmonid habitat conditions: Implement maintenance and repair actions that contribute to improving undesired existing conditions and contribute to restoring properly functioning salmonid habitat. 
2. Minimize Yarding and Skidding: Skid trails, yarding corridors, falling activities, and log yarding, should not alter the natural drainage or flow patterns. EEZ of 30 feet should be applied near side channels and areas of ponding. Very limited, pre-flagged, pre-approved prior to falling skid trails shall be used and abandoned so as to minimize risk of becoming new secondary channels by flood flows. Minimize or exclude, to the extent feasible, tractor skidding/crossings over, through, or along secondary channels (protection of overflow channels is a key element). Locate tractor roads on high ground areas to the greatest extent possible. When feasible, use feller bunchers which do not drag/skid logs through the zone, minimize turning of equipment which would result in increased depth of ground surface depressions, and utilize mechanized harvesting equipment which delimbs harvested trees on the pathway over which equipment would travel. Cable yarding corridors should be located at wide intervals consistent with practices that use lateral yarding. Full suspension should be used when possible.
3. Minimize Soil Erosion and Prevent Discharge: Design timber operations to avoid turbid runoff by treating any ground disturbance greater than 100 square feet. Operations shall be conducted only in dry soil conditions. Avoid disturbance of vegetation not intended for harvest that could increase the likelihood of erosion or damages the reinforcing root network on the channel banks, including any secondary overflow channel. Restore any tracks or trails to an original surface.
4. Avoid Road and Landing Use: All new roads and landings shall be located outside of zone. When feasible, minimize use of existing roads and landings in the flood prone area. No servicing of equipment within the flood prone area. Exceptions include the use of road and landings to accomplish actions to improved salmonid habitat conditions stated 14 CCR 936.9, subsection (f)(3)(E)(1.) above.
5. Avoid Slash concentration and Site Preparation: Logging slash shall not be disposed of or concentrated in side channels. When slash is treated within the flood prone areas, scatter slash and avoid piling or other concentrations that may obstruct flows in side channels. When feasible, concentrate/mulch slash in tractor roads. No mechanical site preparation, broadcast burning or pile burning.
6. Delineate Zone on the Ground: Locations of all WLPZ zones and CMZs shall be designated on the ground.
7. Avoid Use of Water Drafting Sites: Water drafting sites shall be located outside flood prone areas when feasible (exceptions could include, but are not limited to, drafting from an existing watercourse crossing that is appropriately engineered to facilitate properly functioning salmonid habitat and those sites designed and permitted pursuant to a waste discharge or steam alteration permits.
8. Avoid Disturbance to Critical Flood Prone Area Habitat: Avoid disturbance of abandoned meanders, oxbox lakes, or other features that provide off-channel habitat for fish during flood flows. Avoid activities that could increase potential for diversion or avulsion of stream flow out of existing channel, including breaching or lowering the elevation of natural levees. Retain adequate hydraulic roughness provided by trees on the floodplain surface, thereby slowing flood water velocity on floodplains, attenuating peak flood flows, and allowing sediment to be deposited. Retain existing deciduous hardwoods preferential to anadromous salmonid species and down large woody debris.
(F) Outer Zone: The width of the Outer Zone is 50 feet measured from the landward edge of Inner Zone. This zone is required where evenaged regeneration methods, seed tree removal, shelterwood removal, alternative prescriptions declared under 14 CCR § 933.6, subsection (b)(3) as most related to any evenaged silvicultural system, variable retention or rehabilitation of understocked areas will be utilized contiguous to the watercourse and lake protection zone. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Outer Zone in 14 CCR §936.9, subsection (c)(3) and (5), pursuant to 14 CCR §936.9 subsection (e)(1) (A)-(F), or pursuant to 14 CCR §936.9, subsection (v). Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. Postharvest stand shall have a minimum 50% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy.
2. Priority shall be given to retain wind firm trees. 

Table 2: Procedure for Determining WLPZ Widths and Protective Measures 
Class I WLPZs -- with flood prone areas or channel migration zones

View Graphic

Figure 5: Graphic of Profile View of Class I WLPZ in flood prone areas and channel migration zones (not to scale) 

View Graphic

	Outer Zone:
	50 ft. Outer Zone required only when even aged silv. system contiguous to WLPZ
	Modified commercial thinning or single tree selection
	50% overstory canopy (OSC)
	
		Inner Zone B:
		Modified commercial thinning or single tree selection
		50% overstory canopy (OSC)
		Retain 13 largest trees/ac.
	
			Inner Zone A:
			Modified commercial thinning or single tree selection
			Increase QMD
			No Sanitation Salvage
			Retain 80% OSC in the Coast and Southern Forest Districts of the coastal anadromy
			zone and 70% OSC in all other watersheds
			Retain 13 largest trees/ac.
(4) Class I watercourses with confined channels outside watersheds in the coastal anadromy zone: The following are the minimum requirements for WLPZ delineation and timber operations in Class I WLPZs in locations outside of watersheds in the coastal anadromy zone where confined channels are present. WLPZ width is 100 feet slope distance, with an additional 25 foot ELZ depending on the silvicultural system applied contiguous to the WLPZ. Three zones are established within the WLPZs: The Core Zone is nearest to the water, the Inner Zone is the middle zone contiguous to the Core Zone, and the Outer Zone is furthest from the water and contiguous to the Inner Zone. Graphic depiction of zones and the abbreviated descriptions of the silvicultural prescriptions and operational requirements are shown in Figure 6. Table 3 specifies the enforceable standards to be used for protection of Class I watercourses for the area outside the coastal anadromy zone:
(A) Core Zone: The minimum width of the Core Zone shall be 30 feet measured from the watercourse transition line or lake transition line. No timber operations are permitted in this zone except for those listed in 14 CCR §936.9, subsection (e)(1)(A)-(F), or those approved pursuant to 14 CCR §936.9, subsection (v). Sanitation-Salvage is prohibited except as provided in 14 CCR §936.9, subsections (s), (t), and (u).
(B) Inner Zone: The minimum width of the Inner Zone shall be 40 feet measured from the landward edge of Core Zone. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR §936.9, subsection (c)(2), pursuant to 14 CCR §936.9, subsections (e)(1) (A)-(F) or pursuant to 14 CCR §936.9, subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand.
2. Sanitation-Salvage is prohibited except as provided in 14 CCR §936.9, subsections (s), (t), and (u). 
3. Postharvest stand shall have a minimum 70% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
4. Postharvest stand shall retain the 7 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
5. Large trees retained to meet 14 CCR §936.9, subsections (f)(4)(B)(1.) and (3.) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g., trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees. 
(C) Outer Zone: The minimum width of the Outer Zone shall be 30 feet measured from the landward edge of Inner Zone. When evenaged regeneration methods, seed tree removal, shelterwood removal, alternative prescriptions declared under 14 CCR §933.6, subsection (b)(3) as most related to any evenaged silvicultural system, variable retention, or rehabilitation will be utilized contiguous to watercourse and lake protection zones, an additional 25 foot ELZ is required contiguous to the Outer Zone.
Timber operations are permitted in the Outer Zone when conducted to meet the goals of this section, including those for the Outer Zone in 14 CCR §936.9, subsection (c)(3) and (5) pursuant to 14 CCR §936.9, subsection (e)(1) (A)-(F), or pursuant to 14 CCR §936.9, subsection (v). Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. Postharvest stand shall have a minimum 50% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy.
2. Priority shall be given to retain wind firm trees.
(D) Preferred Management Practices in the Inner and Outer Zone: When timber operations are considered pursuant to 14 CCR §§936.3, subsection (c) and 936.4, subsection (d), the following Preferred Management Practices should be considered for inclusion in the Plan by the RPF and by the Director:
1. Preflagging or marking of any skid trails before the preharvest inspection;
2. Heavy equipment should be limited to slopes less than 35% with low or moderate EHRs; 
3. Use feller bunchers or hydraulic heel boom loaders which do not drag/skid logs through the zone;
4. Minimize turning of heavy equipment which would result in increased depth of ground surface depressions; and
5. Use mechanized harvesting equipment which delimb harvested trees on pathway over which heavy equipment would travel. 

Table 3: Procedure for Determining WLPZ Widths and Protective Measures 
Class I WLPZs -- Confined Channels -- Outside the Coastal Anadromy Zone

View Graphic

Figure 6: Graphic of profile view of Class I WLPZ with confined channels outside watersheds in the 
coastal anadromy zone (not to scale) 

View Graphic

	Outer Zone:
	Modified commercial thinning or single tree selection
	50% overstory canopy (OSC)
	
		Inner Zone:
		Modified commercial thinning or single tree selection
		Increase QMD
		No Sanitation Salvage
		70% OSC
		Retain 7 largest trees/ac.
	
(g) Class II watercourses --
The following are the minimum requirements for Class II WLPZ delineation and timber operations. Differing rules are specified for watersheds in the coastal anadromy zone, the Southern Subdistrict of the Coast Forest District, and areas outside the coastal andromy zone. WLPZ width ranges from 50 to 100 feet slope distance, depending on side slope steepness in the WLPZ and the watercourse type. 
(1) Determine the Class II Watercourse Type: Class II watercourses are composed of two types -- Class II-S (standard) watercourses and Class II-L (large) watercourses. A Class II-L watercourse is defined as a Class II watercourse that: (i) can supply water and nutrients to a Class I watercourse during the month of July during an average hydrologic year; (ii) can supply coarse and fine sediment to the Class I channel; and (iii) may be able to supply wood of a size that would function as large wood for the Class I watercourse. Identification of Class II-L watercourse types shall be based on one or more of the office methods specified under 14 CCR §936.9 subsection (g)(1)(A) and the field methods specified under 14 CCR §936.9, subsection (g)(1)(B). Class II-S watercourses are those classified as Class II watercourses pursuant to 14 CCR §936.5, but do not meet the definition of a Class II-L watercourse.
(A) Office-based approaches to identify potential Class II-L watercourses:
1. Stream order: After classifying the watercourses in an area pursuant to 14 CCR §936.5, map all Class II watercourses in the area of consideration on current 1:24,000 scale U.S. Geological Survey topographic maps and determine stream order following the stream order method in 14 CCR 895.1. Second order and third order Class II watercourses are potentially Class II-L watercourses. 
2. “Blue Line” streams: Watercourses mapped with a blue or black line on current 1:24,000 scale U.S. Geological Survey topographic maps that are not Class I are inferred to be Class II-L watercourses.
3. Drainage area: A calculated drainage area known to produce mid-late summer flow based on past plan experience or local knowledge for an ownership or local region and extrapolated over the ownership or local area can indicate a Class II-L watercourses. 
(B) Field-based approaches to identify potential Class II-L: Determination of Class II-L watercourses shall be verified in the field by direct channel observations and local experience using one or more of the following approaches. 
1. Determine by direct observation or by local knowledge of common mid-summer flow conditions if office mapped Class II-L watercourses contribute flow to a Class I watercourse at least through approximately July 15th following a year with at least average precipitation. 
2. Observe channel characteristics such as channel width at bankfull stage, channel depth at bankfull stage, channel slope, mean entrenchment ratio, the presence of springs or seeps, and the presence of aquatic animal and plant life that require mid-summer flow. 
a3. Use continuous streamflow monitoring data from headwater watercourses to determine the watershed drainage area necessary to initiate mid-summer streamflow for a given ecoregion and extrapolate this data to other headwater basins in that ecoregion. 
(C) Based on (A) and (B) above, make a determination if the portion of the Class II watercourse being evaluated meets the definition of a Class II-L watercourse in 14 CCR §936.9, subsection (c)(4).
(D) Include documentation in the plan explaining how the Class II-L determination(s) were made within the plan area. 
(E) All Class II-L watercourses designated above shall incorporate requirements stated in 14 CCR §936.9(g)(2) for a distance of 1000 feet, or total length of Class II-L, which ever is less, measured from the confluence with a Class I watercourse. 
(2) Class II WLPZ widths and operational requirements: All Class II WLPZs shall be composed of two zones regardless of the watercourse type: a Core Zone and an Inner Zone. The Core Zone is nearest to the water, the Inner Zone is contiguous to the Core Zone and is furthest from the water. The width of the Core and Inner Zones vary depending on the following three factors: (i) side slope steepness in the WLPZ, (ii) whether the watercourse is a Class II-S or Class II-L watercourse type, and (iii) whether the watercourse is within a watershed in the coastal anadromy zone or outside the coastal anadromy zone. Graphic depictions of zones and the abbreviated descriptions of the silvicultural prescriptions and operational requirements are shown in Figure 7.
(A) Core Zone: The width of Core zone varies from 0 feet to 30 feet measured from the watercourse or lake transition line. When established, no timber operations are permitted in this zone except for those listed in 14 CCR §936.9, subsection (e)(1)(A)-(F), or practices approved pursuant to 14 CCR §936.9, subsection (v). Sanitation-Salvage is prohibited except as provided in §936.9, subsections (s), (t), and (u). Table 4. summarizes the minimum width for the Core Zone.

Table 4. Core and Inner Zone widths.

View Graphic
(B) Inner Zone: The widths of the Inner Zone vary from 35 feet to 90 feet and shall be measured from the landward edge of Core Zone or WTL, which ever is greater. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR §936.9, subsections (c)(2)and (4), pursuant to 14 CCR §936.9, subsections (e)(1)(A)-(F) or pursuant to 14 CCR §936.9 subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Inner Zone widths are summarized in Table 4.

	1. Class II-S watercourses: Any Class II-S watercourses shall receive protection in conformance with 14 CCR §§936 through 936.7 in addition to the requirements listed under 14 CCR §§936.9(g)(2)(A) and (B). 

	2. Class II-L watercourses in the coastal anadromy zone: Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements: 

	(i) When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand. 
(ii) Sanitation-Salvage is prohibited except as provided in 14 CCR §936.9, subsections (s), (t) and (u).
(iii) Postharvest stand shall have a minimum 80% overstory canopy cover in the Coast and Southern Forest Districts of the coastal anadromy zone and a minimum 70% overstory canopy cover in the Northern Forest District of the coastal anadromy zone. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
(iv) Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
(v) Large trees retained to meet 14 CCR §936.9, subsections (g)(2)(B)2.(i) and (iii) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g. trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees.
3. Class II-L watercourses outside watersheds in the coastal anadromy zone: Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
(i) When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand.
(ii) Sanitation-Salvage is prohibited except as provided in 14 CCR §936.9, subsections (s), (t), and (u). 
(iii) Postharvest stand shall have a minimum 70% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
(iv) Postharvest stand shall retain the 7 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
(v) Large trees retained to meet 14 CCR §936.9, subsections (g)(2)(B)3.(i) and (iii) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g. trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees.
(3) Class II watercourses in the Southern Subdistrict of the Coast Forest District
In addition to all other Forest Practice Rules applicable to timber harvesting within the Southern Subdistrict of the Coast Forest District, the following rules apply within a Class II WLPZ. These requirements supersede any other requirements for Class II watercourses contained in 14 CCR §916.9(g). 
(A). Retain all trees within the Class II WLPZ that meet the following criteria:
1. all trees located within the channel zone;
2. all trees that have boles that overlap the edge of the channel zone; and
3. all trees with live roots permeating the bank or providing channel grade control, with the following exception:
(i) 1/3 of the stems of redwoods with live roots permeating the bank or providing channel grade control may be harvested. 
(B) Where sufficient spacing exists prior to harvesting, retained redwood trees greater than or equal to 12 inches dbh shall not be spaced more than 25 feet apart. 
(C) A minimum of 80% overstory canopy shall be maintained within the channel zone. If 80% overstory canopy is not present within the channel zone, the existing overstory canopy within the channel shall not be reduced. 
(D) No more than 1/3 of the conifers 18” dbh or larger may be harvested.

Figure 7: Graphic of profile view of WLPZs for Class II Watercourses (excluding the Southern Subdistrict) (not to scale) 

View Graphic

View Graphic
(h) Class III watercourses --
The following are the minimum requirements for timber operations in Class III watercourses, unless explained and justified in the plan and approved by the Director. 
(1) Establish a 30 foot wide ELZ on both sides of the watercourse for slopes less than 30% and an additional 20 foot ELZ where sideslopes are >30%. The ELZ is measured from the WTL. Within the ELZ:
(A) no new construction of tractor roads permitted;
(B) no ground based equipment on slopes >50%; and
(C) ground-based operations are limited to existing stable tractor roads that show no visible evidence of sediment deposition being transported into the adjacent watercourse or to the use of feller-bunchers or shovel yarding.
(2) Retain all pre-existing large wood on the ground within the ELZ that is stabilizing sediment and is necessary to prevent potential discharge into the watercourse. 
(3) Retain all pre-existing down wood and debris in the channel zone.
(4) Retain hardwoods, where feasible, within the ELZ.
(5) Retain all snags (except as required for safety) within the ELZ. 
(6) Retain all countable trees needed to achieve resource conservation standards in 14 CCR §932.7 within the ELZ.
(7) Retain all trees in the ELZ and channel zone which show visible indicators of providing bank or bed stability, excluding sprouting conifers that do not have boles overlapping the channel zone. Visible indicators of stability include roots that permeate the bank or provide channel grade control. 
(8) Exceptions pursuant to 14 CCR §936.9, subsections (e)(1)(A)-(F) are permitted in any ELZ and channel zone.
(i) Section reserved for future use.
(j) Inner Gorge -- Where an inner gorge extends beyond a Class I WLPZ and slopes are greater than 55%, a special management zone shall be established where the use of evenaged regeneration methods is prohibited. This zone shall extend upslope to the first major break-in-slope to less than 55% for a distance of 100 feet or more, or 300 feet as measured from the watercourse or lake transition line, which ever is less. All operations on slopes exceeding 65% within an inner gorge of a Class I or II watercourse shall be reviewed by a Professional Geologist prior to plan approval, regardless of whether they are proposed within a WLPZ or outside of a WLPZ. 
(k) Year-round logging road, landing and tractor road use limitations--
(1) Logging roads, landings or tractor roads shall not be used when visibly turbid water from the road, landing or tractor road (skid trail) or an inside ditch associated with the logging road, landing or tractor road may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or violate Water Quality Requirements.
(2) Log hauling on logging roads and landings shall be limited to those which are hydrologically disconnected from watercourses to the extent feasible, and exhibit a stable operating surface in conformance with (1) above.
(3) Concurrent with use for log hauling, approaches to logging road watercourse crossings shall be treated for erosion control as needed to minimize soil erosion and sediment transport and to prevent the discharge of sediment into watercourses and lakes in quantities deleterious to the beneficial uses of water. 
(4) Concurrent with use for log hauling, all traveled surfaces of logging roads in a WLPZ or within any ELZ or EEZ designated for watercourse or lake protection shall be treated for erosion control as needed to minimize soil erosion and sediment transport and to prevent the discharge of sediment into watercourses and lakes in quantities deleterious to the beneficial uses of water. 
(5) Grading to obtain a drier running surface more than one time before reincorporation of any resulting berms back into the road surface is prohibited.
(l) Extended Wet Weather Period -- October 15 to May 1 shall be considered the extended wet weather period and the following shall apply:
(1) No timber operations shall take place unless the approved plan incorporates a complete winter period operating plan pursuant to 14 CCR §934.7 subsection (a) that specifically addresses, where applicable, proposed logging road, landing or tractor road construction, reconstruction and use during the extended wet weather period. Where logging road watercourse crossing construction or reconstruction is proposed an implementation schedule shall be specified.
(2) Unless the winter period operating plan proposes operations during an extended wet weather period with low antecedent soil wetness, no tractor roads shall be constructed, reconstructed, or used on slopes that are over 40 percent and within 200 feet of a Class I, II, or III watercourse, as measured from the watercourse or lake transition line during the extended wet weather period. 
(3) Logging roads, landings and tractor roads shall not be used when sediment from the logging road, landing or tractor road surface may be transported to a watercourse or a drainage facility in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements.
(4) Logging roads and landings shall not be used for log hauling when saturated soil conditions may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements specified in (3) above.
(m) Tractor Road Drainage Facility Installation -- All tractor roads shall have drainage and/or drainage collection and storage facilities installed as soon as practical following yarding and prior to either (1) the start of any rain which causes overland flow across or along the disturbed surface within a WLPZ or within any ELZ or EEZ designated for watercourse or lake protection, or (2) any day with a National Weather Service forecast of a chance of rain of 30 percent or more, a flash flood warning, or a flash flood watch. 
(n) Treatments to stabilize soils -- Within the WLPZ, and within any ELZ or EEZ designated for watercourse or lake protection, treatments to stabilize soils, minimize soil erosion, and prevent the discharge of sediment into watercourses or lakes in amounts deleterious to aquatic species or the quality and beneficial uses of water, or that threaten to violate applicable water quality requirements, shall be described in the plan as follows. 
(1) Soil stabilization is required for the following areas:
(A) Areas exceeding 100 contiguous square feet where timber operations have exposed bare soil. 
(B) Approaches to tractor road watercourse crossings between the drainage facilities closest to the crossing. 
(C) Disturbed road cut banks and fills, and 
(D) Any other area of disturbed soil that threatens to discharge sediment into waters in amounts deleterious to the quality and beneficial uses of water. 
(2) Soil stabilization treatment measures may include, but need not be limited to, mulching, rip-rapping, grass seeding, installing commercial erosion control devices to manufacturer's specifications, or chemical soil stabilizers.
(3) Where straw or slash mulch is used, the minimum straw coverage shall be 90 percent, and any treated area that has been reused or has less than 90 percent surface cover shall be treated again by the end of timber operations.
(4) Where slash mulch is packed into the ground surface through the use of a tractor or equivalent piece of heavy equipment the minimum slash coverage shall be 75 percent.
(5) For areas disturbed from May 1 to October 15, treatment shall be completed prior to the start of any rain that causes overland flow across or along the disturbed surface that could deliver sediment into a watercourse or lake in quantities deleterious to the beneficial uses of water.
(6) For areas disturbed from October 15 to May 1, treatment shall be completed prior to any day for which a chance of rain of 30 percent or greater is forecast by the National Weather Service or within 10 days, whichever is earlier.
(7) Where the natural ability of ground cover is inadequate to protect beneficial uses of water by minimizing soil erosion or by filtering sediment, the plan shall specify protection measures to retain and improve the natural ability of the ground cover to filter sediment and minimize soil erosion. 
(o) Erosion Site identification and remedies -- As part of the plan, the RPF shall: 
(1) identify sites in the logging area where erosion and sediment production are ongoing during any period of the year and assess them to determine which sites pose significant risks to the beneficial uses of water.
(2) Assess those sites identified in 14 CCR §936.9, subsection (o)(1) to determine whether feasible remedies exist. 
(3) For sites that pose significant risks to the beneficial uses of water and where feasible remedies exist, the plan shall propose appropriate treatment.
(p) Erosion control maintenance period -- The erosion control maintenance period on permanent and seasonal roads and associated landings that are not abandoned in accordance with 14 CCR §943.8 shall be three years. 
(q) Site preparation -- Site preparation activities shall be designed to prevent soil disturbance within, and minimize soil movement into, the channels of watercourses. Prior to any broadcast burning, burning prescriptions shall be designed to prevent loss of large woody debris in watercourses, and vegetation and duff within a WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection. No ignition is to occur within any WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection. When burning prescriptions are proposed, the measures or burning restrictions which are intended to accomplish this goal shall be stated in the plan and included in any required burning permit. This information shall be provided in addition to the information required under 14 CCR §936.4. 
(r) Water drafting -- Water drafting for timber operations shall: 
(1) Comply with Fish and Game Code Section 1600, et seq.
(A) Timber operations conducted under a Fish and Game Code Section 1600 master or long-term agreement that includes water drafting may provide proof of such coverage for compliance with this paragraph.
(2) Describe the water drafting site conditions and proposed water drafting activity in the plan, including:
(A) a general description of the conditions and proposed water drafting;
(B) a map showing proposed water drafting locations;
(C) the watercourse classification;
(D) the drafting parameters including the months the site is proposed for use; estimated total volume needed per day; estimated maximum instantaneous drafting rate and filling time; and disclosure of other water drafting activities in the same watershed;
(E) the estimated drainage area (acres) above the point of diversion;
(F) the estimated unimpeded streamflow, pumping rate, and drafting duration,
(G) a discussion of the effects on aquatic habitat downstream from the drafting site(s) of single pumping operations, or multiple pumping operations at the same location, and at other locations in the same watershed;
(H) a discussion of proposed alternatives and measures to prevent adverse effects to fish and wildlife resources, such as reducing hose diameter; using gravity-fed tanks instead of truck pumping; reducing the instantaneous or daily intake at one location; describing allowances for recharge time; using other dust palliatives; and drafting water at alternative sites; and 
(I) The methods that will be used to measure source streamflow prior to the water drafting operation and the conditions that will trigger streamflow to be measured during the operation.
(3) All water drafting for timber operations are subject to each requirement below unless the Department of Fish and Game modifies the requirement in the Lake or Streambed Alteration agreement that authorized the drafting operation, or unless otherwise specified below:
(A) All intakes shall be screened to prevent impingement of juvenile fish against the screen. The following requirements apply to screens and water drafting on Class I waters:
1. Openings in perforated plate or woven wire mesh screens shall not exceed 3/32 inches (2.38 millimeters). Slot openings in wedge wire screens shall not exceed 1/16 inches (1.75 millimeters).
2. The screen surface shall have at least 2.5 square feet of openings submerged in water.
3. The drafting operator shall regularly inspect, clean, and maintain  screens to ensure proper operation whenever water is drafted.
4. The approach velocity (water moving through the screen) shall not  exceed 0.33 feet/second.
5. The diversion rate shall not exceed 350 gallons per minute.
(B) Approaches and associated drainage features to drafting locations within a WLPZ or channel zone shall be surfaced with rock or other suitable material to minimize generation of sediment.
(C) Barriers to sediment transport, such as straw waddles, logs, straw bales or sediment fences, shall be installed outside the normal high water mark to prevent sediment delivery to the watercourse and limit truck encroachment. 
(D) Water drafting trucks parked on streambeds and floodplains shall use drip pans or other devices such as absorbent blankets, sheet barriers or other materials as needed to prevent soil and water contamination from motor oil or hydraulic fluid leaks.

	(E) Bypass flows for Class I watercourses shall be provided in volume sufficient to avoid dewatering the watercourse and maintain aquatic life downstream, and shall conform to the following standard:
1. Bypass flows in the source stream during drafting shall be at least 2 cubic feet per second. 
2. Diversion rate shall not exceed 10 percent of the surface flow.
3. Pool volume reduction shall not exceed 10 percent.
(F) The drafting operator shall keep a log that records for each time water is drafted, the date, total pumping time, pump rate, starting time, ending time, and volume diverted. Logs shall be filed with the Department of Forestry and Fire Protection at the end of seasonal operations and maintained with the plan record. This requirement may be modified in the approved plan that covers the water drafting, but only with concurrence from the Department of Fish and Game.
(G) Before commencing any water drafting operation, the RPF and the drafting operator shall conduct a pre-operations field review to discuss the water drafting measures in the plan and/or Lake or Streambed Alteration Agreement.
(s) Exemption notices -- No timber operations are allowed in a WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection, under exemption notices except for: 
(1) Hauling on existing roads.
(2) Road maintenance.
(3) Operations conducted for public safety.
(4) Construction or reconstruction of approved watercourse crossings.
(5) Temporary crossings of dry Class III watercourses that do not require notification under the Fish and Game Code §1600 et seq. 
(6) Harvesting recommended in writing by DFG to address specifically identified forest conditions.
(t) Emergency notices -- No timber operations are allowed in a WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection, under emergency notices except for: 
(1) Hauling on existing roads.
(2) Road maintenance.
(3) Operations conducted for public safety.
(4) Construction or reconstruction of approved watercourse crossings.
(5) Temporary crossings of dry Class III watercourses that do not require notification under the Fish and Game Code §1600 et seq.
(6) Harvesting recommended in writing by DFG to address specifically identified forest conditions.
(7) The harvest of dead or dying conifer trees subject to the following conditions:
(A) Retention of all trees in the core zone of Class I and Class II-L watercourses. 
(B) Within any WLPZ, ELZ, or EEZ designated for Class II or III watercourse protection, a minimum of two dead, dying, or diseased conifer trees per acre at least 16 inches diameter breast high and 50 feet tall shall be retained within 50 feet of the watercourse transition line.
(C) Trees to be harvested or retained shall be marked by, or under the supervision of, an RPF prior to timber operations within the WLPZ or ELZ/EEZ.
(D) Within the WLPZ, or ELZ/EEZ, if the stocking standards of 14 CCR §912.7 are not met upon completion of timber operations, unless the area meets the definition of substantially damaged timberlands, at least ten trees shall be planted for each tree harvested but need not exceed an average point count of 300 trees per acre.
(8) The harvest of trees or vegetation designated for removal pursuant to 14 CCR §1052.5 to address Sudden Oak Death that are:
(A) symptomatic of the pathogen that causes Sudden Oak Death and confirmed infected by a certified lab; or
(B) host hardwood trees that could spread the pathogen.
(u) Salvage logging -- No salvage logging is allowed in a WLPZ without an approved HCP, a PTEIR, an SYP, or an approved plan that contains a section that sets forth objectives, goals, and measurable results for streamside salvage operations. 
(1) This section does not apply to emergency operations under 14 CCR §1052.
(v) Site-specific measures or nonstandard operational provisions --
(1) In consideration of the spatial variability of the forest landscape, the RPF may propose site-specific measures or nonstandard operational provisions in place of any of the provisions contained in this section. Site specific plans may be submitted when, in the judgment of the RPF, such measures or provisions offer a more effective or more feasible way of achieving the goals and objectives set forth in 14 CCR §936.9, subsections (a) and (c), and would result in effects to the beneficial functions of the riparian zone equal to or more favorable than those expected to result from the application of the operational provisions required under 14 CCR §936.9. 
(2) Measures or provisions proposed pursuant to 14 CCR §936.9, subsections (v) shall only be approved when the plan incorporates an evaluation of the beneficial functions of the riparian zone as set forth in subsection (3) below. In the event of measures limited in applicability to specific sites, the submitter may instead of an evaluation, obtain written concurrence from DFG prior to plan submittal. RPFs may request a preconsultation for the site specific plan and the Director may agree and request staff from responsible agencies.
(3) The evaluation of the beneficial functions of the riparian zone shall be included in addition to any evaluation required by all other District Forest Practice Rules, may incorporate by reference any such evaluation, and shall include the following components scaled appropriately to the scope of the proposed measure(s) or provision(s) and the beneficial functions potentially affected.
(A) The following are required components of an evaluation conducted pursuant to 14 CCR §936.9, subsection (v)(3): 
1. A description of the evaluation area. If the evaluation area is different than the watershed assessment area described pursuant to Technical Rule Addendum No. 2, the RPF shall briefly explain the rationale for establishing the evaluation area.
2. A description of the current condition of the riparian zone within the evaluation area related to the beneficial functions. The RPF may incorporate by reference any conditions described in the plan pursuant to 14 CCR §936.4, subsection (a). The RPF shall use the best available information, at the appropriate scale, to describe the existing vegetation, timber stand characteristics, roads, skid trails, landings, channel types, unstable areas, flood prone areas, and overflow channels.
3. An identification of the beneficial functions that may potentially be affected by the proposed measure(s) or provision(s).
4. An identification of the potential effects to the beneficial functions, both positive and negative. The RPF may use a reasoned analysis to describe the effects and may assign ratings of high, moderate and low to those effects that may individually or cumulatively limit anadromous salmonid distribution and abundance in the watershed.
5. A detailed description of the site-specific measure(s) or nonstandard operational provision(s) proposed. The description should address at a minimum the relationships between the riparian stand characteristics and ecological functions, the relative importance of the beneficial functions of the riparian zone to the watercourse, the cost effectiveness of the measure(s) or provision(s), and the predicted consequences.
6. A schedule for implementing proposed management practices.
7. A plan for monitoring consistent with 14 CCR §916.11.
(4) Measures or provisions proposed pursuant to 14 CCR §936.9, subsections (v) shall only be approved when they meet the following additional standards: 
(A) They must be based upon the best available science, and explained and justified in the plan.
(B) They must identify potential significant adverse impacts that may occur to listed salmonids or the beneficial functions of the riparian zone as a result of the proposed measure(s) or provision(s).
(C) They must identify feasible systems, methods, procedures or approaches proposed to avoid or mitigate identified potential significant adverse impacts to a level of insignificance.
(D) They must be written so they provide clear instructions and enforceable standards for the timber operator; 
(E) They must provide that, where appropriate for implementation of the measure(s) or provision(s), the plan submitter is responsible for retaining an RPF to aid in interpreting the plan to the timber operator and timberland owner on a continuing basis to help assure compliance with the measure(s) or provision(s).
(F) They must identify each standard prescription that would be replaced by the measure(s) or provision(s) proposed.
(5) Guidance is provided below for site specific plans for flood prone areas: 
(A) Site-Specific Plans for watercourses with flood prone areas or channel migration zones: This section is an optional approach to be used at the discretion of the plan submitter. When used, this section replaces requirements found in 14 §936.9, subsection (f)(3). The goal of this approach is to allow RPFs to develop a site specific plan for salmonid habitat protection on a flood prone area. Site specific plans are to lead to development of properly functioning salmonid habitat and can include active management to restore the beneficial uses of the riparian zone. 
(B) Timber operations are limited to the flood prone areas beyond the outer margin of a CMZ.
(C) RPFs are to propose riparian protection zones and management practices that are designed for local conditions. 
(D) Site specific assessments shall include: 
1. Identifying the issues that need to be considered for watercourse and riparian protections [refer to Table 1 of “Flood Prone Area Considerations in the Coast Redwood Zone “(Riparian Protection Committee Report, Cafferata et al 2005) 

	2. Describing processes that need to be considered for the issues identified above.
3. Developing a method to define a desired trajectory for watercourse and riparian conditions in the context of the goals of 14 CCR 936.9, subsection (a). 
4. Defining how the proposed operations will aid reaching the desired trajectories.

	5. Disclosing assumptions being made at each step and limits to both the science and the proposed management activities.
6. Identifying how to determine what needs to be monitored and how to conduct the monitoring.
7. Supporting documentation is required including but not limited to field data, NetMap analysis, large wood modeling results, etc. 
(E) As described in the “Flood Prone Area Considerations in the Coast Redwood Zone” (Cafferata et al 2005), the site-specific plan for Class I flood prone area management shall include: 
1. an inventory of the flood prone area for all hydrologic, geomorphic, and biological functions present that can be affected by timber operations; 
2. a determination of the category of inundation where management is proposed [i.e., very frequent (1-5 yr recurrence interval or RI), frequent (5-20 yr RI), moderately frequent (20-50 yr RI), or infrequent (50+ yr RI)]; and 
3. an appropriate analysis for functions present in light of possible significant adverse impacts from management. Analysis for hydrologic functions may include how the flood prone area vegetative roughness will change with timber operations. Analyses for geomorphic functions may include how proposed operations will change bank stabilization, amount of soil disturbance on the flood prone area, and the potential for channel avulsion. Analyses for biological functions may include how harvesting will affect overflow channels, large wood recruitment, stream shading, riparian microclimate, organic matter input, and terrestrial wildlife habitat. 
(F) Disclosure and analysis requirements increase with increased risk associated with the proposed level of activity and the increased frequency of inundation in the flood prone area. In particular, management proposed within the 20 year recurrence interval flood prone area in a watershed with coho salmon habitat or restorable habitat requires detailed analysis. 
(G) In addition to considering how proposed prescriptions will affect flood prone area functions at the project level, site specific plans must consider a larger watershed perspective that includes consideration of the stream network and past activities in the watershed. Also, consideration must be given to the current condition of the flood prone area. 
(H) Information provided in the “Flood Prone Area Considerations in the Coast Redwood Zone” (Cafferata et al 2005) is to be used for guidance in the coast redwood zone. 
(I) The site-specific plan for Class I riparian management must: (1) have Review Team agencies pre-consultation and receive concurrence from the Review Team agencies, including DFG, and (2) include a monitoring component. 
(6) Guidance is provided below for site specific plans for fire hazard reduction:
(A) For site specific plans that address WLPZs having conditions where catastrophic, stand replacing wildfire will result in significant adverse effects to salmonid species, riparian habitat or other wildlife species, the site specific plan shall address measure(s) or provision(s) that create fire resilient forests, promote reduced fire intensities, and retain functional habitat following a wildfire. Site specific plans proposed for fuel hazard reduction shall contain information demonstrating the potential for severe fire behavior and likelihood of stand replacing fires. Fuel reduction measure(s) or provision(s) shall be designed to reduce fire behavior to levels appropriate for the region and riparian area. Measure(s) or provision(s) include, but are not limited to, activities that eliminate the vertical and horizontal continuity among all vegetative fuels layer (surface fuels, ladder fuels and crown fuels), focus on reducing surface and ladder fuel hazards, and simultaneously meet goals and objectives of 14 CCR §936.9 subsections (a) and (c). 
(7) No site-specific measure(s) or nonstandard operational provision(s) proposed pursuant to 14 CCR §936.9, subsection (v) may be prescribed by an RPF or approved by the Director in lieu of the following rules:
(A) The rules contained in Subchapter 2 (Application of Forest Practice Rules); Article 2 (Ratings and Standards) and Article 11 (Coastal Commission Special Treatment Areas) of Subchapter 4 (Coast Forest District Rules); Article 2 (Ratings and Standards) of Subchapter 5 (Northern Forest District Rules); Article 2 (Ratings and Standards) and Article 11 (Coastal Commission Special Treatment Areas) of Subchapter 6 (Southern Forest District Rules); and Subchapter 7 (Administration) of Chapter 4, Division 1.5 of Title 14 of the California Administrative Code; or
(B) Any Forest Practice Rule pertaining to the width of the special treatment area adjacent to a wild and scenic river declared pursuant to PRC 5093.50, et seq.; or
(C) Any Forest Practice Rules or parts of rules that incorporate practices or standards specified in the Forest Practice Act.
(8) The Director shall not accept for inclusion in a plan any site-specific measures or non-standard operational provisions as described in this section where the Department of Fish and Game or where two or more agencies listed in PRC §4582.6 and 14 CCR §1037.3 have submitted written comments which lead to the Director's conclusion that the proposed measures or provisions will not meet the goal of this section and the agencies participated in the review of the plan, including an on-the-ground inspection. 
(9) Site-specific measures or nonstandard operational provisions proposed pursuant to 14 CCR §936.9, subsection (v) shall not be considered alternative practices pursuant to 14 CCR §§897 or 934.9, in lieu practices or site specific practices pursuant to 14 CCR §936.1, or alternative prescriptions for the protection of watercourses or lakes pursuant to 14 CCR §936.6. 
(10) Board staff and the Department shall work with agencies, stakeholders, and appropriate scientific participants (e.g., Monitoring Study Group, Technical Advisory Committee) in a transparent process to: (1) describe and implement two pilot projects, including monitored results, using site-specific or non-standard operational provisions; and (2) provide recommendations to the Board for consideration for adoption to provide detailed guidance for the application of site-specific or non-standard operational provisions. The pilot projects and guidance shall address cumulative and planning watershed impacts, and the guidance may address the appropriate standard site-specific or non-operational provisions shall meet. A report on the progress of the pilot projects and implementation guidance shall be presented to the Board within 18 months of the effective date of this regulation.
(w) Except when expressly required by 14 CCR §936.9, subsections (w)(1)-(5) below, the provisions of 14 CCR §936.9 shall not apply to a plan that is subject to:
(1) a valid incidental take permit issued by DFG pursuant to Section 2081(b) of the Fish and Game Code that addresses anadromous salmonid protection; or
(2) a federal incidental take statement or incidental take permit that addresses anadromous salmonid protection, for which a consistency determination has been made pursuant to Section 2080.1 of the Fish and Game Code; or
(3) a valid natural community conservation plan that addresses anadromous salmonid protection approved by DFG under section 2835 of the Fish and Game Code; or
(4) a valid Habitat Conservation Plan that addresses anadromous salmonid protection, approved under Section 10 of the federal Endangered Species Act of 1973; or
(5) project revisions, guidelines, or take avoidance measures pursuant to a memorandum of understanding or a planning agreement entered into between the plan submitter and DFG in preparation of obtaining a natural community conservation plan that addresses anadromous salmonid protection. 
NOTE

Authority cited: Sections 4551, 4554.5, 4555, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4750, 4750.3, 4750.4, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code.  
HISTORY

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22). For prior history, see Register 83, No. 27.
2. Amendment of subsection (y) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsections (a)(2)-(4), redesignation and amendment of former subsection (e)-(e)(5) as subsections (e)-(e)(2), amendment of subsections (f)-(g), (i), (j), (p), (s) and (y) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsections (f), (g), (r)(2)(D), (s) and (y) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (y) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsections (i)-(l), (p), (q) and (s), new subsections (s)(1)-(t)(7)(D), subsection relettering, amendment of newly designated subsections (u) and (w)-(y) and new subsection (u)(1) filed 11-16-2006; operative 1-1-2007 pursuant to Public Resources Code section 4554.5 (Register 2006, No. 46).
8. Amendment of subsection (z) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
9. Amendment of first paragraph filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
10. Amendment of subsection (z) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
11. Amendment of section heading and section filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
12. Change without regulatory effect amending introductory paragraph filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
13. Amendment of subsections (k)(1) and (l)(3)-(4) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
14. New subsections (t)(8)(A)-(B) and amendment of Note filed 2-7-2011 as an emergency; operative 2-7-2011 (Register 2011, No. 6). Pursuant to Public Resources Code section 4555, a Certificate of Compliance must be transmitted to OAL by 6-7-2011 or emergency language will be repealed by operation of law on the following day.
15. Editorial correction of History 14 (Register 2011, No. 20).
16. New subsections (t)(8)(A)-(B) and amendment of Note refiled 8-8-2011 as an emergency; operative 8-8-2011 (Register 2011, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2011 or emergency language will be repealed by operation of law on the following day.
§936.9.1. Protection Measures in Watersheds with Coho Salmon. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f) Water Code; and Sections 1600 and 5650(c), Fish and Game Code.
HISTORY

1. New section filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
2. Amendment filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
3. Change without regulatory effect repealing section filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
§936.9.2. Measures to Facilitate Incidental Take Authorization in Watersheds with Coho Salmon. [Effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective] [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f) Water Code; and Sections 1600 and 5650(c), Fish and Game Code.
HISTORY

1. New section filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
2. Change without regulatory effect repealing section filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
§936.10. Domestic Water Supply Protection.
Note     •     History

(a) When proposed timber operations may threaten to degrade a domestic water supply the Director shall evaluate any mitigations recommended prior to the close of the public comment period (PRC 4582.7) and shall require the adoption of those practices which are feasible and necessary to protect the quality and beneficial use of the supply.  
(b) The Director may require a post-harvest evaluation of the effectiveness of the mitigations and practices designed to protect the domestic water supply as a condition of plan approval.  The Director shall require an evaluation at the request of the California Regional Water Quality Control Board, or any affected water purveyor, if the necessity for the evaluation is supported by substantial evidence in the record.  This evidence may include, but is not limited to, potential land failures, accelerated rate of road construction or harvesting within a watershed, concentration or intensity of harvesting activity near streams or springs.  The design and implementation of the evaluation shall be done in consultation with the Director, appropriate RWQCB, and THP submitter, and the sufficiency of the information requested by the Director shall be judged in light of reasonableness and practicality.
NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21000(b), (f), 21002 and 21002.1, Public Resources Code; and 33 USC 1288(b)(2)(F).
HISTORY

1. New section filed 1-7-94; operative 3-1-94 (Register 94, No. 1). 
§936.11. Effectiveness and Implementation Monitoring.
Note     •     History

(a) Where timber operations will be conducted within a WLPZ, the Director may require a post-harvest evaluation of the effectiveness of the mitigations and practices designed to protect the watercourse(s) or lake(s) as a condition of plan approval. The Director shall require such an evaluation if the necessity for the evaluation is supported by substantial evidence in the record. This evidence may include, but is not limited to, potential land failures, accelerated rate of road construction or harvesting within a watershed, concentration or intensity of harvesting activity near watercourses, and potential for accelerated windthrow. The design and implementation of the evaluation shall be done in consultation with the Director, the RWQCB or DFG, and THP submitter, and the sufficiency of the information requested by the Director shall be judged in light of reasonableness and practicality. The evaluation may utilize procedures including, but not limited, to: 
(1) Procedures for effectiveness and implementation monitoring, 
(2) Existing landowner monitoring programs, or 
(3) Photographic monitoring 
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code. 
HISTORY

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22). For prior history, see Register 96, No. 45.
2. Amendment of subsection (b) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsection (b) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsection (b) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (b) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsection (b) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
8. Amendment of subsection (b) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
9. Repealer of subsection (b) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§936.11.1. Monitoring for Adaptive Management in Watersheds with Coho Salmon. [Effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective]
Note     •     History

(a) Goal: The Board will develop a monitoring and adaptive management program for timber harvesting operations in watersheds with coho salmon. The purpose of the program will be: (i) to determine whether or not the operational Forest Practice Rules and associated hillslope and instream mitigation measures afford a level of protection that is both appropriate and adequate to ensure protection of coho salmon and its habitat, (ii) to provide monitoring necessary to ensure the Forest Practice Rules are being implemented in a manner consistent with the California Endangered Species Act as required under 14 CCR §896, and (iii) to provide a timely feedback process for the Board to assess rule effectiveness in meeting the stated goals under subsections (i) and (ii).
(1) The monitoring component of the program will provide the information necessary to evaluate the effectiveness of mitigation measures and identify when site-specific mitigation or operational rules should be revised to better accomplish the goals of the Board.
(A) Four types of monitoring will be addressed under the program including: (i) compliance, (ii) implementation, (iii) effectiveness, and (iv) validation.
(B) Review Team agencies will continue to conduct mandated compliance and implementation monitoring as part of their regulatory responsibilities.
(C) Effectiveness monitoring will be undertaken by the landowner; or be a cooperative effort between landowners and the Department, Review Team agencies, or a cooperative interdisciplinary team.
(D) Long-term validation monitoring will be undertaken by the Department, or facilitated through cooperative agreements among stakeholders and Review Team agencies. 
(E) The Board or its designee may include any monitoring that meets the intent of this section, including any efforts that are already underway by the landowner, agencies or other cooperators.
(2) The adaptive management component of the program will be a process of action-based planning, monitoring, evaluating and adjusting through use of the scientific method; with the objective of maintaining fully functioning habitat conditions and facilitating conservation of coho salmon populations.
(A) Four elements of adaptive management will be addressed under the program including: (i) identification of substantial new information, (ii) collection of substantial new information, (iii) evaluation of substantial new information, and (iv) determination regarding the necessity or benefit of adjustments and improvements to mitigation and protective measures, including the Forest Practice Rules, based upon the substantial new information.
(b)(1) In collaboration with the Department and other Review Team agencies, the Board shall appoint a scientific technical advisory committee to develop monitoring practices to evaluate the effectiveness of mitigation measures at the appropriate scale.
(A) In development of monitoring practices, the Board's appointed scientific technical advisory committee may also engage other experts in the field for assistance.
(B) The monitoring practices will be applied by the landowner; or be a cooperative effort between landowners and the Department, Review Team agencies, or a cooperative interdisciplinary team. 
(2) Monitoring practices and strategies may be peer reviewed by a scientific technical advisory committee as directed by the Board.
(3) The design and implementation of monitoring shall be done in consultation with the Department and other Review Team agencies, and the sufficiency of information shall be judged in light of its scientific merit and what is reasonable and practical.
(A) Monitoring data shall be derived from agency monitoring programs, landowner monitoring programs, or cooperative projects.
(4) As a condition of plan approval, based upon substantial evidence in the record, the Director may require monitoring:
(A) Anytime after plan approval,
(B) Concurrent with timber operations, and
(C) After completion of operations during the remainder of the prescribed maintenance period.
(5) Monitoring data collected pursuant to (b)(4) or (b)(6) shall be provided to the Board annually.
(6) The plan shall incorporate monitoring requirements in conformance with the requirements of a valid incidental take permit for coho salmon within the planning watershed that has been authorized pursuant to the following:
(A) a valid incidental take permit issued by DFG pursuant to Section 2081(b) of the Fish and Game Code; or
(B) a federal incidental take statement or incidental take permit, for which a consistency determination has been made pursuant to Section 2080.1 of the Fish and Game Code; or
(C) Section 2835 of the Fish and Game Code under a valid natural community conservation plan approved by DFG; or 
(c) The Department shall prepare an annual report in conjunction with a Board appointed technical subcommittee summarizing progress and significant findings from monitoring activities collected throughout the year in accordance with subsection (b)(4) above. The report shall be (i) provided to the Board during the first quarter of each calendar year, (ii) made available to the public upon request, and (iii) placed on the Board's website for at least 180 days.
(d) Based upon the findings presented in the annual monitoring report(s), the Director, in conjunction with the Board appointed technical subcommittee, may recommend additions, deletions or modifications to the Forest Practice Rules if the necessity for such a change is supported by substantial evidence in the reports. A specific recommendation based upon the findings that a rule requirement is no longer necessary shall also be supported by substantial evidence.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f) Water Code; and Sections 1600 and 5650(c), Fish and Game Code.
HISTORY

1. New section filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
§936.12. Section 303(d) Listed Watersheds.
Note     •     History

For any planning watershed in which timber operations could contribute to the pollutants or stressors which have been identified as limiting water quality in a water body listed pursuant to 303(d) Federal Clean Water Act, the following shall apply: 
(a) The Department shall, in collaboration with the appropriate RWQCB and SWRCB, prioritize watersheds in which the following will be done: 1) conduct or participate in any further assessment or analysis of the watershed that may be needed, 2) participate in the development of Total Maximum Daily Load (TMDL) problem assessment, source assessment, or load allocations related to timber operations, and 3) if existing rules are deemed not to be sufficient, develop recommendations for watershed-specific silvicultural implementation, enforcement and monitoring practices to be applied by the Department. 
(b) The Department shall prepare a report setting forth the Department's findings and recommendations from the activities identified pursuant to (a) above. The report shall be submitted to the Board and the appropriate RWQCB. The report shall be made available to the public upon request and placed on the Boards' website for a 90-day period. 
(c) Where the Department has recommended that the adoption of watershed specific rules is needed, the Board shall consider that recommendation as a proposal for rulemaking under the Administrative Procedures Act (Section 11340 et. seq. Gov Code) and shall begin that process within 180 days following receipt of that report. 
(d) These watershed specific rules shall be developed in collaboration with the appropriate RWQCB, the landowner(s) or designee with land in the planning watershed, and other persons or groups within the watershed, and may also be incorporated into a TMDL implementation plan. 
(e) The watershed specific rules shall remain in effect until the water body has been removed from the 303(d) list, or that the Board finds, after consulting with the appropriate RWQCB, that timber operations are no longer a significant source of the pollutant or stressor that limits water quality in the listed water body. 
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code. 
HISTORY

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22). For prior history, see Register 83, No. 40.
2. Amendment of subsection (f) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsection (f) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsection (f) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (f) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsection (f) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
8. Amendment of subsection (f) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
9. Repealer of subsection (f) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§936.13. Interim Watershed Mitigation Addendum (IWMA). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§936.13.1. Consultation. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§936.13.2. IWMA Evaluation Area. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§936.13.3. Contents of IWMA. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§936.13.4. Standards for IWMA Preparation. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§936.13.5. Submission of an IWMA as Part of a Plan. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§936.13.6. Compliance Monitoring and Expanded Completion Report. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§936.13.7. Subsequent Plans Within the IWMA Area. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§936.13.8. Equivalent Analysis. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
Article 7. Hazard Reduction
§937. Hazard Reduction.
Note     •     History

This article shall provide standards for the treatment of snags and logging slash in order to reduce the fire and pest safety hazards in the logging area, to protect such area from potential insect and disease attack, and to prepare the area for natural or artificial reforestation while retaining wildlife habitat.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Amendment filed 6-19-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 25).
2. Amendment filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§937.1. Snag Disposal and Retention. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Amendment filed 6-19-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 25).
2. Repealer of section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§937.2. Treatment of Logging Slash to Reduce Fire Hazard in the Northern Forest District.
Note     •     History

The following standards shall apply to the treatment of slash created by timber operations within the plan area and on roads adjacent to the plan area, but excluding appertenant roads. Lopping for fire hazard reduction is defined in 14 CCR 895.1.
(a) Slash to be treated by piling and burning shall be treated not later than April 1 of the year following its creation, or within 30 days following climatic access, or as justified in the plan.
(b) Within 100 feet of the edge of the traveled surface of public roads, and within 50 feet of the edge of the traveled surface of permanent private roads open for public use where permission to pass is not required, slash created and trees knocked down by road construction or timber operations shall be treated by lopping for fire hazard reduction, piling and burning, chipping, burying or removal from the zone.
(c) All woody debris created by timber operations greater than one inch but less then eight inches in diameter within 100 feet of permanently located structures maintained for human habitation shall be removed or piled and burned; all slash created between 100-200 feet of permanently located structures maintained for human habitation shall be lopped for fire hazard reduction, removed, chipped or piled and burned; lopping may be required between 200-500 feet where unusual fire risk or hazard exists as determined by the Director or the RPF.
(d) An alternative to treating slash along roads and within 200 feet of structures may be approved by the Director when the RPF explains and justifies in the plans how equal fire protection will be provided. The alternative shall include a description of the alternate treatment(s) and the portion(s) of the plan area in which they will be utilized. In proposing alternate slash treatments, the RPF shall consider the estimated amount and distribution of slash to be created by the operation, type of remaining vegetation, topography, climate, and degree of public exposure fire history.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Amendment filed 6-19-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 25). 
2. Repealer and new section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
3. Editorial correction of subsection (c) (Register 95, No. 41).
§937.3. Prescribed Broadcast Burning of Slash.
Note     •     History

Outside the High Use Subdistrict, broadcast burning may be prescribed for slash treatment subject to the following conditions.
(a) Such burning shall be done only after the first heavy fall rains and shall be completed before April 1;
(b) It may occur within cleared firebreaks of not less than 10 feet (3.05 m) in width;
(c) Use of the broadcast burning prescription of the Stream and Lake Protection Zone for Class I, and Class II, is prohibited. Where necessary to protect downstream beneficial uses, the director may prohibit burning prescriptions in Class III watercourses;
(d) Exceptions to requirements (a), (b) and (c) above may be granted provided a project-type burning permit is obtained prior to burning and the terms of the permit are adhered to while burning.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4423, 4513, 4551.5, 4562, and 4562.7, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 957.3 to Section 957.2 and renumbering and amendment of former Section 957.5 to Section 957.3 filed 6-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 25).
2. Amendment of subsection (c) filed 124-89; operative 2-1-90 (Register 89, No. 50).
3. New subsection (f) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
4. Subsection (f) repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
§937.4. Broadcast Burning. [Repealed]
History

HISTORY

1. Renumbering and amendment of former Section 937.4 to Section 937.3 filed 6-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 25). 
§937.5. Piling and Burning.
Note     •     History

When the option of burning piles or concentrations of slash is chosen to meet the slash treatment requirements as specified in these rules, such burning shall be done as follows:
(a) Piles shall be sufficiently free of soil and other noncombustible material for effective burning.
(b) The piled slash shall be burned at a safe time following the first wet fall or winter weather or other safe periods and according to laws and regulations. Piles that fail to burn sufficiently to remove the fire hazard shall be repiled and burned in the manner aforesaid or treated to eliminate the fire hazard. All necessary precautions shall be taken to confine the burning to the piled slash.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4423, 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 937.3 to section 937.5 filed 6-19-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 25). 
2. Amendment of section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
§937.6. Notification of Burning.
Note     •     History

The local representative of the Director shall be notified in advance of the time and place of any burning of logging slash. Any burning shall be done in the manner provided by law.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. New section filed 6-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 25). 
§937.7. Protection of Residual Trees.
Note     •     History

Slash burning operations and fire hazard abatement operations shall be conducted in a manner which will not damage residual trees and reproduction to the extent that they will not qualify to meet the silvicultural and stocking requirements of the rules.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code. 
HISTORY

1. New section filed 6-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 25). 
§937.8. Slash Disposal to Control Forest Insects. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5, 4562 and 4592, Public Resources Code.
HISTORY

1. New section filed 5-3-89 as an emergency; operative 5-3-89 (Register 89, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-31-89.
2. Repealed by operation of law (Register 90, No. 10).
3. New section filed 3-2-90 as an emergency; operative 3-2-90 (Register 90, No. 10). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-2-90.
4. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 40).
§937.9. Prevention Practices.
Note     •     History

Adverse insect and disease impacts shall be identified by the RPF in the timber harvesting plan, and mitigating measures shall be prescribed to improve the health and productivity of the timber stand. Timber operations shall be conducted to as to minimize the build-up of destructive insect populations or the spread forest diseases.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4713, Public Resources Code.
HISTORY

1. Repealer of former  section 939, and renumbering and amendment of former section 939.1 to section 939 filed 6-16-83; designated effective 7-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 25).
2. Repealer of section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
3. Renumbering of former section 939 (mistakenly repealed) to section 937.9 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
4. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).

Appendix

BOARD OF FORESTRY TECHNICAL RULE
ADDENDUM NO. 3

BROOD MATERIAL

A. Hazard Determination
Tree mortality and top killing result when Ips beetle populations reproduce and increase in pine brood material1 and then leave this material and attack pines in the residual stand. Hazard increases with the amount of pine brood material present.
Any suitable breeding material, including pine logs from recently felled trees, represents a hazard as long as it remains on site long enough for the beetles to complete a life cycle in it. During suitable weather, the life cycle may be as short as five weeks. Piling of brood material is more hazardous than leaving it spread-out on the ground.
Timing of brood material production may influence hazard. Hazard is presumed to be highest when pine brood material is produced from February through June and moderate when produced at other times of the year. At no time is hazard presumed to be low. In some parts of the Southern Forest District, hazard is presumed to be high year round, regardless of when the brood material was produced.
Age, size, and species of residual trees influence hazard. Young pole size stands of pine are most susceptible to damage. Tree species other than pine are not damaged by insects that breed in pine brood material. Brood material from tree species other than  pine generally does not contribute to the build-up of damaging beetle populations.
Low vigor residual trees are at greatest risk. Historically, drought stressed, suppressed, and overstocked stands have been identified as high risk. Off-site, diseased, damaged, and overmature trees are also at risk.
If damaging insect populations are high, hazard will be greater. High beetle populations have the potential to damage more than just low vigor trees. Chronic pine mortality in the area should be evaluated to determine if high beetle populations are present. An established Zone of Infestation for pine bark beetles implies that conditions are appropriate for the build-up of beetle populations.
Potential for the spread of damaging insects to adjacent ownerships should be considered. The closer the ownership, the greater the risk. Generally, ownerships beyond one quarter of a mile will have little or no risk.
Value of residual trees should be considered. How much loss to residuals is acceptable?

B. Hazard Reduction Treatment Alternatives
Any treatment to reduce hazard should apply to the entire area where a hazard has been determined to exist, including the area where lopping for fire hazard reduction has been used. Treatment alternatives include modification of the brood material so that it is less suitable as a breeding site for beetles or methods to reduce beetle populations that have developed. 
Specific Treatment Alternatives applied to pine brood material are as follows:
(1) The following treatments are acceptable provided they are completed before insect broods emerge from infested material. During weather that is suitable for brood development, a five week window is the maximum time that should elapse between creation of brood material and its treatment by one of the following methods: brood material can be removed from the site for processing or disposal; if left on-site, it can be piled and burned, chipped, debarked, treated with an appropriate pesticide, or piled and covered with clear plastic. If brood material is piled and covered, the plastic used must be a minimum of 6 mil thick; piles must be completely sealed by the plastic so that there are no openings to the outside and remain covered for 6 months (or 4 months if at least 2 summer months are included).
(2) The following treatment is acceptable, provided it is completed as soon after brood material creation as is practical, but not later than one week. Lop all branches from the sides and tops of those portions of main stems which are 3” or more in diameter. Branches shall be scattered so that stems have maximum exposure to solar radiation. Do not pile brood material. Lopped stems could also be cut into short segments to decrease drying time and further reduce hazard.
(3) Burying brood material will prevent it from being colonized by beetles, but may not prevent emergence of the beetles. Therefore, it must be buried before becoming infested. During suitable weather, brood material must be buried concurrent with its creation.

1“Suitable” weather depends upon location. In areas that receive snowfall, suitable weather generally exists from April 15-October 15. In other areas, suitable weather exists from March 1-November 30.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513, and 4713, Public Resources Code.
HISTORY

1. New Appendix filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
2. Editorial correction inserting inadvertently omitted Appendix A and adding History 1 (Register 96, No. 50).
§937.10. Locating and Reporting.
Note     •     History

Timber operators, timber owners and foresters (RPF), if any employed on the operation, shall assist the State in determining the location of insect and disease outbreaks, and report such outbreaks to the Director or a representative of the Director.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4713, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 939.2 to section 937.10 filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
2. Renumbering of former section 939.2 to section 937.10 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
Article 8. Fire Protection
§938. Fire Protection.
Note     •     History

When burning permits are required pursuant to PRC §4423, timber operators shall:
(a) Observe the fire prevention and control rules within this article.
(b) Provide and maintain fire suppression related tools and devices as required by PRC §§4427, 4428, 4429, 4431, and 4442.
(c) Submit each year, either before April 1st or before the start of timber operations a fire suppression resources inventory to the Department as required by the rules.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4423, 4427, 4428, 4429, 4431, 4442, 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
2. Amendment filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
3. Editorial correction implementing inadvertently omitted amendment and adding History 2 (Register 96, No. 50).
4. Amendment of section and Note filed 8-16-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5 (Register 2010, No. 34).
§938.1. Fire Suppression Resource Inventory.
Note     •     History

The Fire Suppression Resources Inventory shall include, as a minimum, the following information:
(a) Name, address and 24-hour telephone number of an individual and an alternate who has authority to respond to Department requests for resources to suppress fires.
(b) Number of individuals available for fire fighting duty and their skills.
(c) Equipment available for fire fighting.
The Fire Suppression Resources Inventory shall be submitted to the ranger unit headquarters office of the Department having jurisdiction for the timber operation.
NOTE

Authority cited: Section 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.
HISTORY

1. Repealer and new section filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
§938.2. Fire Plan Contents. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4428, 4429, 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47).
2. Repealer filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
§938.3. Roads to Be Kept Passable.
Note     •     History

Timber operators shall keep all logging truck roads in a passable condition during the dry season for fire truck travel until snag and slash disposal has been completed.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4428, 4429, 4551 and 4551.5, Public Resources Code.
HISTORY

1. Editorial correction adding NOTE filed 11-15-82 (Register 82, No. 47).
§938.4. Smoking and Matches.
Note     •     History

Subject to any law or ordinance prohibiting or otherwise regulating smoking, smoking by persons engaged in timber operations shall be limited to occasions where they are not moving about and are confined to cleared landings and areas of bare soil at least three feet (.914 m) in diameter. Burning material shall be extinguished in such areas of bare soil before discarding. The timber operator shall specify procedures to guide actions of his employees or other persons in his employment consistent with this subsection.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47).
§938.5. Lunch and Warming Fires.
Note     •     History

Subject to any law or ordinance regulating or prohibiting fires, warming fires or other fires used for the comfort or convenience of employees or other persons engaged in timber operations shall be limited to the following conditions:
1. There shall be a clearance of 10 feet (3.05 m) or more from the perimeter of such fires and flammable vegetation or other substances conducive to the spread of fire.
2. Warming fires shall be built in a depression in the soil to hold the ash created by such fires.
3. The timber operator shall establish procedures to guide actions of his employees or other persons in their employment regarding the setting, maintenance, or use of such fires that are consistent with (a) and (b) of this subsection.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4103.5, 4432, 4433, 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47).
§938.6. Posting Procedures.
Note     •     History

Timber operators shall post notices which set forth lists of procedures that they have established consistent with Sections 938.4 and 938.5. Such notices shall be posted in sufficient quantity and location throughout their logging areas so that all employees or other persons employed by them to work, shall be informed of such procedures. Timber operators shall provide for diligent supervision of such procedures throughout their operations.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
§938.7. Blasting and Welding.
Note     •     History

Timber operators shall provide for a diligent fire watch service at the scene of any blasting or welding operations conducted on their logging areas to prevent and extinguish fires resulting from such operations.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4551.5, Public Resources Code.
HISTORY

1. Editorial correction adding NOTE filed 11-15-82 (Register 82, No. 47).
§938.8. Inspection for Fire.
Note     •     History

(a) The timber operator or his/her agent shall conduct a diligent aerial or ground inspection within the first 2 hours after cessation of felling, yarding, or loading operations each day during the dry period when fire is likely to spread. The person conducting the inspection shall have adequate communication available for prompt reporting of any fire that may be detected. The LTO shall implement 14 CCR § 938.8(a)(1)(A)-(D) below as appropriate for the operation. 
(1) On operations utilizing rotating metal blade mechanical felling (RBMF) machines (either “hot saw” or intermittent, excluding chainsaw type bars or shears), requirements listed below in 14 CCR § 938.8(a)(1)(A)-(D) shall apply: 
(A) The patrol for operations utilizing RBMF machines must inspect operating areas on foot. The patrol's vehicle shall be parked within or as closely as possible to the area being patrolled, and the vehicle shall be equipped to fight fire with the following: 1) a serviceable 5 gallon backpack pump filled with water, 2) a shovel or McLeod fire tool, 3) either a double bit ax or a serviceable chainsaw with a minimum 20 inch bar, and 4) communications equipment capable of summoning additional fire suppression resources or contacting the agency responsible for fire suppression. The patrol shall carry a round point shovel with an overall length of at least 46 inches during the foot patrol. 
(B) The patrol for the areas where RBMF machines are being used will inspect all areas that day felled by RBMF machines. The inspection shall occur for at least two hours after cessation of RBMF operations, documenting areas covered during the patrol and approximate times of the coverage in each area. 
(C) The patrol will conduct inspection using an approach capable of detecting small, smoldering fires.
(D) The LTO shall ensure that if wood debris or chips are accumulating in the cutting head, then equipment operators will clean out blade guards no less frequently than every two hours during operations to prevent the build-up of vegetative material that could ignite and be discharged to start a fire. 
The portions of this regulation adopted by the Board in 2009 will expire on December 31, 2012.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Section 4551.5, Public Resources Code.
HISTORY

1. Editorial correction adding NOTE filed 11-15-82 (Register 82, No. 47). 
2. Amendment filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
3. Amendment filed 10-27-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 44).
§938.9. Glass Containers. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4551.5, Public Resources Code.
HISTORY

1. Editorial correction adding NOTE filed 11-15-82 (Register 82, No. 47). 
2. Repealer filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
§938.10. Cable Blocks.
Note     •     History

During the period when burning permits are required, all tail side blocks on a cable setting shall be located in the center of an area that is either cleared to mineral soil or is covered with a fire-proof blanket that is at least 15 feet in diameter. A shovel and an operational full five-gallon back pump or a fire extinguisher bearing a label showing at least a 4A rating must be located within 25 feet of each such block before yarding.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
2. Amendment filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
Article 9. Forest Insect and Disease Protection Practices
§939. Wildlife Practice.
Note     •     History

Timber operations shall be planned and conducted to maintain suitable habitat for wildlife species as specified by the provisions of this Article. These provisions are in addition to those directly or indirectly provided in other rules of the Board of Forestry.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and and 4713, Public Resources Code.
HISTORY

1. Repealer of former  section 939, and renumbering and amendment of former section 939.1 to section 939 filed 6-16-83; designated effective 7-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 25).
2. Repealer of section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
3. Renumbering of former section 939 to section 937.9 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
4. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§939.1. Snag Retention.
Note     •     History

Within the logging area all snags shall be retained to provide wildlife habitat except as follows:
(a) If required by the Director during the review of a THP, snags over 20 feet in height and 16 inches dbh shall be felled in the following locations:
(1) Within 100 feet of main ridge tops that are suitable for fire suppression and delineated on a THP map.
(2) For hazard reduction within 100 feet of all public reads, permanent reads, seasonal reads, landings, and railroads.
(b) Where federal and state safety laws and regulations require the felling of snags.
(c) Within 100 feet of structures maintained for human habitation.
(d) Merchantable snags in any location as provided for in the plan, or
(e) snags whose falling is required for insect or disease control.
(f) When proposed by the RPF; where it is explained and justified that there will not be a significant impact to wildlife habitat needs or there is a threat to human health or safety, including fire where the Director determines a high hazard exists.
NOTE

Authority cited: Sections 4551, Public Resources Code. Reference: Sections 4513, 4551.5 and 4582.75, and 4583 Public Resources Code.
HISTORY

1. Renumbering and amendment of section 939.1 to section 939 filed 6-16-83; designated effective 7-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 25).
2. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§939.2. General Protection of Nest Sites.
Note     •     History

The following general standards for protection of Sensitive species shall apply.
(a) A pre-harvest inspection will normally be required when it is known or suspected that the minimum buffer zone surrounding an active nest of a Sensitive species is in or extends onto an area proposed for timber operations. When the California Department of Forestry is already familiar with the site, the Director, after consultation with the Department of Fish and Game, may waive this requirement.
(b) During timber operations, nest tree(s), designated perch tree(s), screening tree(s), and replacement tree(s), shall be left standing and unharmed except as otherwise provided in these following rules.
(c) Timber operations shall be planned and operated to commence as far as possible from occupied nest trees unless explained and justified by the RPF in the THP.
(d) When an occupied nest site of a listed bird species  is discovered during timber operations, the timber operator shall protect the nest tree, screening trees, perch trees, and replacement trees and shall apply the provisions of subsections (b) and (c) above and of section 919.2 (939.2, 959.2), and shall immediately notify the Department of Fish and Game and the Department of Forestry and Fire Protection. An amendment that shall be considered a minor amendment to the timber harvesting plan shall be filed reflecting such additional protection as is agreed between the operator and the Director after consultation with the Department of Fish and Game.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4582.75, 4583 and 4604, Public Resources Code; 14 CCR 670.5; and 50 CFR 17.11.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Amendment of subsection (d) filed 7-23-90 as an emergency; operative 7-23-90 (Register 90, No. 40). A Certificate of Compliance must be transmitted to OAL by 11-20-90 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of subsection (d) as it existed prior to 7-23-90 emergency amendment by operation of Government Code section 11346.1(f) (Register 91, No. 4).
4. Amendment of subsection (d) filed 11-21-90 as an emergency; operative 11-21-90 (Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by 3-21-91 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of subsection (d) as it existed before emergency amendment filed 11-21-91 by operation of Government Code section 11346.1(f) (Register 91, No. 16).
6. Amendment of subsection (d) filed 3-25-91 as an emergency; operative 3-25-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-23-91 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-25-91 order transmitted to OAL on 4-26-91 and filed 5-28-91 (Register 91, No. 28).
8. Editorial correction of printing error putting sections 939.5 and 939.6 in correct order (Register 91, No. 32).
9. Renumbering and amendment of former section 939.2 to section 937.10 filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
10. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13). For prior history, see Register 91, No. 50.
11. Renumbering of former section 939.2 to section 937.10 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
12. Renumbering and amendment of former section 939.6 to section 939.2 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§939.3. Specific Requirements for Protection of Nest Sites.
Note     •     History

The following requirements shall apply to nest sites containing active nests and not to nest sites containing only abandoned nests.
(a) Buffer zones shall be established around all nest trees containing active nests. The buffer zone shall be designed to best protect the nest site and nesting birds from the effects of timber operations. In consultation with the Department of fish and Game, and as approved by the Director, an RPF or supervised designee shall flag the location of the boundaries of the buffer zone, and the configuration of the buffer zone. Consultation with the Department of Fish and Game shall be required pursuant to 14 CCR 898. Consideration shall be given to the specific habitat requirements of the bird species involved when configuration and boundaries of the buffer zone are established.
(b) The size of the buffer zone for each species shall be as follows:
(1) For the Bald eagle and Peregrine falcon, the buffer zone shall be a minimum of ten acres in size. The Director may increase the buffer zone beyond 40 acres in size so that timber operations will not result in a “take” of either species. The Director shall develop the buffer zone in consultation with the Department of Fish and Game and the RPF.
(2) For the Golden eagle, the buffer zone shall be a minimum of eight acres in size.
(3) For the Great blue heron and Great egret, the buffer zone shall consist of the area within a 300-foot radius of a tree or trees containing a 
group of five or more active nests in close proximity as determined by the Department of Fish and Game.
(4) For the Northern goshawk, the buffer zone shall be a minimum of five acres in size. When explained and justified in writing, the Director may increase the size of the buffer zone to a maximum of 20 acres when necessary to protect nesting birds.
(5) For the Osprey, the buffer zone may be up to five acres in size. When explained and justified in writing, the Director may increase the size of the buffer zone to a maximum of 18 acres when necessary to protect nesting birds.
(c) The following year-round restrictions shall apply within the buffer zone.
(1) For the Bald eagle, no clearcutting is allowed within the buffer zone. Selection, commercial thinning, sanitation-salvage, and the shelterwood regeneration method, except for the removal step, are permitted if all trees are marked prior to preharvest inspection. All nest trees containing active nests, and all designated perch trees, screening trees, and replacement trees, shall be left standing and unharmed.
(2) For the Golden eagle, no clearcutting is allowed within the buffer zone. All nest trees containing active nests, and all designated perch trees, screening trees, and replacement trees, shall be left standing and unharmed.
(3) For the Great blue heron and Great egret, all nest trees containing active nests shall be left standing and unharmed.
(4) For the Northern goshawk, designated nest trees, screening trees, perch trees, and replacement trees shall be left standing and unharmed. Only the commercial thinning, sanitation-salvage, and selection regeneration methods are permitted in the buffer zone.
(5) For the Osprey, all designated nest trees, perch trees, screening trees, and replacement trees shall be left standing and unharmed. If the RPF believes that retention is not feasible, he may propose construction of an artificial nest structure as an alternative.
(6) For the Peregrine falcon, where timber provides part of the immediate nesting habitat, special cutting prescriptions may be required by the Director on an area up to ten acres in size immediately surrounding the nest. The cutting prescriptions shall protect the nesting habitat.
(d) Critical periods are established for each species and requirements shall apply during these critical periods as follows:
(1) For the Bald eagle, the critical period is January 15 until either August 15 or four weeks after fledging, as determined by the Director. During this critical period, no timber operations are permitted within the buffer zone. Exceptions may be approved by the Director, after consultation with the Department of Fish and Game to allow hauling on existing roads that normally receive use within the buffer zone during the critical period.
(2) For the Golden eagle, the critical period is January 15 until April 15 for active nests, and is extended from April 15 until either September 1 or until the birds have fledged from occupied nests. During this critical period, hauling on existing roads that normally receive use during the critical period is permitted. Other timber operations are not permitted within the buffer zones.
(3) For the Great blue heron and Great egret, the critical period is February 15 until July 1 for coastal counties south of and including Marin County. For all other areas, the period is from March 15-July 15. During this critical period, timber operations within the buffer zone shall be staged with a gradual approach to the nest.
(4) For the Northern goshawk, the critical period is from March 15 until August 15. During this critical period, no timber operations are permitted; however, new road construction is permitted if the Director determines that there is no feasible alternative. Exceptions may be approved by the Director after consultation with the Department of Fish and Game to allow hauling on existing roads that normally receive use within the buffer zone during the critical period.
(5) For the Osprey, the critical period is March 1 to April 15 for active nests in coastal counties including Mendocino County and those south of it. This period is extended from April 15 until August 1 for occupied nests. For all other areas, the critical period is March 15 until May 1 for active nests, and is extended from May 1 to August 15 for occupied nests. During the critical period, at nest sites where Osprey have shown historical tolerance to disturbance, timber operations are permitted using a gradual approach to the nest, except that no cutting is permitted. Where Osprey are determined by the Director to be intolerant to timber operations, no timber operations are permitted within the buffer zone unless the Director determines that there are no feasible alternatives.
(6) For the Peregrine falcon, the critical period is February 1 until April 1 for active nests, and is extended until July 15 for occupied nests. During the critical period, no timber operations are permitted within the buffer zone. However, when the Director, after consultation with the Department of Fish and Game determines that Peregrines have shown a tolerance to hauling activity in the past, hauling on existing roads that normally receive use during the critical period within the buffer zone is permitted.
(e) The following requirements shall apply to helicopter logging during the critical period.
(1) For the Bald eagle, helicopter yarding within one-quarter mile radius of the nest tree is prohibited. Helicopter yarding between one-quarter and one-half mile of the nest tree is permitted when timber operations are conducted so that helicopter yarding gradually approaches the one-quarter mile radius limit.
(2) For the Golden eagle and Northern goshawk, helicopter yarding within one-quarter mile radius of the nest is prohibited.
(3) For the Osprey, helicopter yarding within one-quarter mile radius of the nest is prohibited between April 15 and June 15.
(4) For the Peregrine falcon, helicopter yarding is prohibited within one-half mile of the nest.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Renumbering and amendment of former section 939.7 to section 939.3 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
3. Amendment of subsection (a) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§939.4. Non-listed Species.
Note     •     History

Where significant adverse impacts to non-listed species are identified, the RPF and Director shall incorporate feasible practices to reduce impacts as described in 14 CCR 898.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§939.5. Alternative.
Note     •     History

The RPF may propose alternatives to the requirements of this chapter, and the Director may approve such alternatives provided all of the following conditions are met:
(a) The RPF develops the alternative in consultation with the Department of Fish and Game.
(b) The Director consults with the Department of Fish and Game and makes findings that the alternative conforms to (c), below, prior to approving the alternative.
(c) The alternative will provide protection for nesting birds and their nesting sites equal to or greater than the protection that would be afforded by the application of the normal rules set forth in this chapter.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Repealer filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
3. Renumbering and amendment of former section 939.8 to section 939.5 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
4. Editorial correction of printing error in section heading and Historys 2. and 3. (Register 92, No. 24).
§939.6. General Protection of Nest Sites. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4582.75, 4583, and 4604, Public Resources Code; 14 CCR 670.5, and
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Amendment of subsection (d) filed 7-23-90 as an emergency; operative 7-23-90 (Register 90, No. 40). A Certificate of Compliance must be transmitted to OAL by 11-20-90 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of subsection (d) as it existed prior to 7-23-90 emergency amendment by operation of Government Code section 11346.1(f) (Register 91, No. 4).
4. Amendment of subsection (d) filed 11-21-90 as an emergency; operative 11-21-90 (Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by 3-21-91 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of subsection (d) as it existed before emergency amendment filed 11-21-91 by operation of Government Code section 11346.1(f) (Register 91, No. 16).
6. Amendment of subsection (d) filed 3-25-91 as an emergency; operative 3-25-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-23-91 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-25-91 order transmitted to OAL on 4-26-91 and filed 5-28-91 (Register 91, No. 28).
8. Editorial correction of printing error putting sections 939.5 and 939.6 in correct order (Register 91, No. 32).
9. Renumbering and amendment of former section 939.6 to section 939.2 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
10. Editorial correction restoring Note (Register 92, No. 24).
§939.7. Specific Requirements for Protection of Nest Sites. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Renumbering and amendment of former section 939.7 to section 939.3 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§939.8. Alternatives. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Renumbering and amendment of former section 939.8 to section 939.5 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§939.9. Northern Spotted Owl.
Note     •     History

Every proposed timber harvesting plan, NTMP, conversion permit, Spotted Owl Resource Plan, or major amendment located in the Northern Spotted Owl Evaluation Area or within 1.3 miles of a known northern spotted owl activity center outside of the Northern Spotted Owl Evaluation Area shall follow one of the procedures required in subsections (a)-(g) below for the area within the THP boundary as shown on the THP map and also for adjacent areas as specified within this section. The submitter may choose any alternative (a)-(g) that meets the on-the-ground circumstances. The required information shall be used by the Director to evaluate whether or not the proposed activity would result in the “take” of an individual northern spotted owl.
When subparagraphs (a), (b), (c) or (f) are used, the Director, prior to approval of a THP, shall consult with a SOE and conduct an independent review. A SOE may aid the RPF in fulfilling the requirements within subdivision (g). The SOE may make written recommendations regarding whether the retained habitat configuration and protection measures proposed in the THP will prevent a take of the owl. 
In consultation with the SOE, the Director may adjust standards established by this section based on site specific circumstances in a manner which is consistent with information collected on owl behavior in California, and the prohibitions of the Endangered Species Act.  
(a) If the project proponent requests preliminary review of the proposed operation or Spotted Owl Resource Plan prior to filing, the proponent shall consult with a SOE to evaluate whether the proposed operation would result in the taking of an individual northern spotted owl. This evaluation is preliminary to and separate from the final “take” determination to be made under 14 CCR § 939.10. In making that evaluation:
(1) The SOE shall apply the criteria set forth in 14 CCR § 939.10;
(2) The SOE may request that the submitter provide additional information which the SOE finds necessary to evaluate if a “take” would occur, provided that the SOE states the type of information needed, the purpose of the information, and the level of accuracy necessary to meet the stated purpose.
(3) If the SOE concludes that no prohibited taking would occur, the SOE shall inform the submitter as soon as practicable and shall document the decision the information which was relied upon by the SOE in the above evaluation. Reference data shall be readily available for the Director's review upon request;
(4) If the SOE concludes that the proposed timber operation or Spotted Owl Resource Plan would result in a taking, he or she shall inform the submitter as soon as practicable and shall comply with 14 CCR §939.10(c) within 10 working days of making this determination.
(5) Requests for pre-filing consultation shall be handled in the order in which received.
(b) The RPF shall include the following information:
(1) On a planimetric or topographic map of a minimum scale of 1:24,000, provide the following:
(A) The location and acreage of owl habitat.
This information shall be shown for the area within the boundary both as it exists before and after timber operations. The Director shall determine if timber typing maps may qualify as showing owl habitat.
(B) Identify any adjoining owl habitat by type within .7 miles of the boundary.
(C) When mapping functional owl nesting, roosting, and foraging habitat, include additional information which helps define those areas such as: location of topography features, riparian vegetation, hardwood component, water, potential nest and roost sites, and potential suitable forage areas.
(D) All known owl observations, identified by location and visual or nonvisual confirmation within 1.3 miles of the boundary. This information shall be derived from the landowner's and RPF's personal knowledge, and from the Department of Fish and Game's spotted owl data base.
(2) Discussion on how functional characteristics of owl habitat will be protected in terms of the criteria stated within 14 CCR §939.10 subsections (a) and (b).
(3) As adjacent landowners permit and from other available information, a discussion of adjacent owl habitat up to .7 mile from the proposed boundary and its importance relative to the owl habitat within the boundary.
(4) Describe any proposals for monitoring owl or owl habitat which are necessary to insure their protection. Monitoring is not required for approval.
(5) Discussion of any known owl surveys that have been conducted within 1.3 miles of the THP boundary. Include the dates, results and methodologies used if known.
(6) A proposed route that will acquaint the SOE and other reviewers with the important owl habitat.
(7) Attach aerial photos of the area, if available. (Aerial photos are not required).
(c) Where certification is made by the RPF and adequate records are kept showing that owl surveys were conducted sufficient to demonstrate the absence of owls from an area, the THP will be reviewed on a high priority basis. The THP shall contain verification that:
(1) The surveys have been conducted throughout the area within .7 miles of the boundary in accordance with the USFWS approved protocol (“Protocol For Surveying Proposed Management Activities That May Impact Northern Spotted Owls”; U.S. Fish and Wildlife Service; March 17, 1992).
(2) The surveys were conducted during the current to immediately preceding survey period as prescribed by the previously cited USFWS approved protocol.
(3) The surveys reveal no nest sites, activity centers or owl observations in the area surveyed; and
(4) The surveys reveal no activity center or repeated observations indicating the presence of mates and/or young within 1.3 miles of the boundary based on a review of the landowner's and RPF's personal knowledge and the Department of Fish and Game's spotted owl data base.
(d) If the plan submitter proposes to proceed under an “incidental taking” permit or any other permit covering the northern spotted owl issued by the. U.S. Fish and Wildlife Service or the Department of Fish and Game, the submitter shall supply a copy of the permit upon the Department's request.
(e) If the submitter proposes to proceed pursuant to the outcome of a discussion with the U.S. Fish and Wildlife Service, the submitter shall submit a letter prepared by the RPF that the described or proposed management prescription is acceptable to the USFWS.
(f) If: 
(1) the submitter's proposed operations were reviewed by a SOE under 14 CCR §939.9, subsection (a); and
(2) the SOE recommended minimum modifications to the proposed operations which would be necessary to bring the impacts to a level at which no “take” would occur and the submitter has adopted those recommendations; and
(3) the proposed operations remain substantially the same as the operations which the SOE reviewed, the submitter shall provide a copy of the recommendations made by the SOE and the submitter shall explain how the proposed operations comply with those recommendations.
(g) Where an activity center has been located within the plan boundary or within 1.3 miles of that boundary, the RPF shall determine and document in the plan: (i) activity center-specific protection measures to be applied during timber operations and (ii) owl habitat, including habitat described in (1)-(5) below, that will be retained after the proposed operations are completed.
(1) Within 500 feet of the activity center the characteristics of functional nesting habitat must be maintained. No timber operations shall be conducted in this area during the northern spotted owl breeding season unless reviewed and approved by the Director as not constituting a take. Timber operations may be conducted in this area outside the breeding season if appropriate measures are adopted to protect nesting habitat.
(2) Within 500-1000 feet of the activity center, retain sufficient functional characteristics to support roosting and provide protection from predation and storms. No timber operations shall be conducted in this area during the breeding season unless reviewed and approved by the Director as not constituting a take.
(3) 500 acres of owl habitat must be provided within a .7 mile radius of the activity center, unless an alternative is reviewed and approved by the Director as not constituting a take. The 500 acres includes the habitat retained in subsections (1) and (2) above and should be as contiguous as possible. Less than 50% of the retained habitat should be under operation in any one year, unless reviewed and approved by the Director as not constituting a take.
(4) 1336 total acres of owl habitat must be provided within 1.3 miles of each activity center, unless an alternative is reviewed and approved by the Director as not constituting a take. The 1336 acres includes the habitat retained within subsections (1)-(3) above.
(5) The shape of the areas established pursuant to subsections (1) and (2) shall be adjusted to conform to natural landscape attributes such as draws and streamcourses while retaining the total area required within subsections (1) and (2) above.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4582.75 and 4583, Public Resources Code; and 50 CFR 17.11.
HISTORY

1. New section filed 7-23-90 as an emergency; operative 7-23-90 (Register 90, No. 40). A Certificate of Compliance must be transmitted to OAL by 11-20-90 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 4).
3. New section filed 11-21-90 as an emergency; operative 11-21-90 (Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by 3-21-91 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 16).
5. New section filed 3-25-91 as an emergency; operative 3-25-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-23-91 or emergency language will be repealed by operation of law on the following day. 
6. Certificate of Compliance as to 3-25-91 order transmitted to OAL 4-26-91 including amendments to introductory language and subsections (a)(3), (b)(1)(D)(2), (c), and (e), and deletion of subsection (h) transmitted to OAL 4-26-91 and filed 5-28-91 (Register 91, No. 28).
7. Amendment of second paragraph, new third paragraph, and amendment of fourth paragraph and subsection (a) filed 3-27-95; operative 3-27-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 13).
8. Amendment filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
9. Amendment of subsections (c) and (g) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
10. Amendment of first paragraph filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5 (Register 2008, No. 45).
11. Amendment filed 11-25-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.4 (Register 2009, No. 48).
12. Amendment of subsections (c)(4) and (g)-(g)(4) filed 6-23-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5 (Register 2010, No. 26). 
§939.10. Take of Northern Spotted Owl.
Note     •     History

The Director shall apply the following criteria to the information provided by the plan submitter and obtained during the review period to make a finding as to whether the timber operations, as proposed, will “take” an individual northern spotted owl. 
(a) The Director shall determine that the proposed habitat modification would result in “harm” to an individual spotted owl if any of the following conditions exist.
(1) Feeding habits would be significantly impaired because prey base or ability to catch prey would be adversely altered; or
(2) Breeding success would be significantly impaired because of a reduction in surrounding owl habitat before the young have had an opportunity to successfully disperse from their nesting site;
(3) Nesting behavior would be significantly impaired because the nest site or adjoining area up to 500 feet from the nest site would be adversely altered; or
(4) Sheltering (which includes roosting, feeding, and nesting) would be significantly impaired because the ability to escape predators, survive severe weather, or find appropriate microclimes would be adversely altered.
(b) The Director shall determine that an individual northern spotted owl would be “harassed” by the proposed timber operations if there is a likelihood that any of the following conditions exist:
(1) Feeding habits would be significantly disrupted because the prey base or the ability to catch prey would be impaired;
(2) Breeding success would be significantly disrupted;
(3) Nesting behavior would be significantly disrupted because activities would be conducted within 500 feet of a nest site; or
(4) Sheltering (which includes roosting, nesting, or feeding) would be significantly disrupted because the ability to escape predators, survive severe weather, or find appropriate microclimes would be adversely altered.
(c) If the Director concludes that the proposed operations will result in a taking of the owl, he/she shall provide the plan submitter with the following information:
(1) The reasons for the determination, including an analysis of the factors set forth in this section;
(2) The information which was relied upon and which was instrumental in making the determination; and
(3) Recommendations for minimum modifications to the proposed operations which would be necessary to bring the impacts to a level at which “take” would not occur.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4313, 4551.5, 4582.75 and 4583, Public Resources Code; 50 CFR 17.11. 
HISTORY

1. New section filed 7-23-90 as an emergency; operative 7-23-90 (Register 90, No. 40). A Certificate of Compliance must be transmitted to OAL by 11-20-90 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) Register 91, No. 4).
3. New section filed 11-21-90 as an emergency; operative 11-21-90 (Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by 3-21-91 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 16).
5. New section filed 3-25-91 as an emergency; operative 3-25-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-23-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 3-25-91 order transmitted to OAL 4-26-91 including amendments to introductory language and subsection (b)(4) transmitted to OAL 4-26-91 and filed 5-28-91 (Register 91, No. 28).
7. Amendment of first paragraph and subsections (a), (b) and (c) filed 11-25-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.4 (Register 2009, No. 48).
§939.12. Sensitive Species Classification.
Note     •     History

The Board of Forestry has the responsibility under the FPA to provide protection to all species occurring in the state's forestlands. The procedure to identify those species that warrant special protection during timber operations is described as follows:
(a) The public or public agencies may petition the Board to classify a species as a “Sensitive Species.” For the Board to consider such a petition, it must contain a discussion of the following topics:
(1) Range and distributional status of the species which includes an assessment of occurrence in timberland as defined by the FPA and rules.
(2) Indices of population trends describing the abundance of the species.
(3) Biotic and abiotic factors affecting the population viability or status of the species. Specific attention should be given to factors related to forest management and harvesting. This should include threats to population and habitat viability, including direct, indirect, and cumulative effects from these and other threats.
(4) Habitat availability and trends that include, but are not limited to, an assessment of the following as appropriate:
A. Dependence on general habitat conditions altered by typical forest management activities and projected time for habitat recovery,
B. Dependence on special habitat elements adversely impacted by timber operations,
C. Habitat continuity and juxtaposition requirements as an evaluation of sensitivity to habitat fragmentation.
(5) Suggested feasible protective measures required to provide for species protection.
(6) Other information specific to the species proposed that the petitioner believes to be relevant in assisting the Board to evaluate the petition.
(7) Sources of information relied upon to complete the petition.
(8) Recommended forest practice rules to provide guidance to RPF's, LTO's, landowners and the Director on species protection.
(9) The potential economic impacts of classifying a species sensitive.
(b) The Board will consult with the U.S. Fish and Wildlife Service, the California Fish and Game Commission, the California Department of Fish and Game, and others as appropriate. After consultation, the Board shall classify a species as sensitive after a public hearing if it finds:
(1) The California population requires timberland as habitat for foraging, breeding, or shelter, and
(2) The California population is in decline or there is a threat from timber operations, and
(3) Continued timber operations under the current rules of the Board will result in a loss of the California population viability.
(c) The Board shall consult with the U.S. Fish and Wildlife Service, the California Department of Fish and Game, and others as appropriate. After consultation and a public hearing, the Board will declassify a species as sensitive if it no longer meets the criteria for classification.
(d) The Board shall consider, and when possible adopt, regulations using the best available scientific information to establish the feasible mitigations for protection of the species at the same time such species is classified sensitive.
(e) Where rules are not adopted for the protection of the species at the time of classification, the Board shall begin development of proposed regulations for protection of the species.
Within one year of the classification of a species as sensitive, the Board shall hold a hearing on proposed regulations to establish the protection standards for that species according to the best available scientific information.
NOTE

Authority cited: Sections 4551, 4552, 4553 and 4582, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552 and 4582, Public Resources Code.
HISTORY

1. New section filed 8-31-92; operative 9-30-92 (Register 92, No. 36).
§939.15. Protection of Wildlife Habitat. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4512, 4551.5, 4561 and 4561.1, Public Resources Code.
HISTORY

1. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
2. Amendment filed 11-22-2006; operative 12-22-2006 (Register 2006, No. 47). For additional history, see Register 92, No. 40.
3. Repealer filed 10-6-2011; operative 1-1-2012 pursuant to Public Resources Code section 4551.5 (Register 2011, No. 40).
§939.16. Late Succession Forest Stands.
Note     •     History

(a) When late succession forest stands are proposed for harvesting and such harvest will significantly reduce the amount and distribution of late succession forest stands or their functional wildlife habitat value so that it constitutes a significant adverse impact on the environment as defined in Section 895.1, the RPF shall provide habitat structure information for such stands.
A statement of objectives over time shall be included for late succession forest stands on the ownership.  The THP, SYP, or NTMP shall include a discussion of how the proposed harvesting will affect the existing functional wildlife habitat for species primarily associated with late succession forest stands in the plan or the planning watershed, as appropriate, including impacts on vegetation structure, connectivity, and fragmentation.  The information needed to address this subsection shall include, but is not limited to:
(1) --A map(s) showing: A) late succession forest stands within the planning watershed and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands that are on the ownership, B) those stands which are currently proposed to be harvested, and C) known stands on other ownerships.
(2) --A list of fish, wildlife and listed species known to be primarily associated with the late succession forest stands in the planning watershed(s) compiled by the RPF or supervised designee using the “California Wildlife Habitat Relationships System” (WHR), the California Natural Diversity Database, and local knowledge of the planning watershed.
(3) --Description of functional wildlife habitat elements that are important for fish, wildlife and listed species primarily associated with late succession forest stands within the planning watershed(s).
(4) --A description of the structural characteristics for each late succession forest stand and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands within the planning watershed including a discussion of important functional wildlife habitat elements identified in (3).  Methods used to develop the description, which may be an ocular estimate, shall also be described.
(5) --A description of the functional wildlife habitat objectives, such as anticipated long-term landscape patterns, stand structure for late succession forest stands and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands, and a discussion of anticipated recruitment procedures for important functional wildlife habitat elements.  Coordination of functional wildlife habitat objectives on landscape features among ownerships within mixed-ownership planning watersheds is encouraged.
(6) --An analysis of the long-term significant adverse effects on fish, wildlife, and listed species known to be primarily associated with late succession forests.
(b) Where timber operations will result in long-term significant adverse effects on fish, wildlife, and listed species known to be primarily associated with late succession forests in a THP, SYP, NTMP or planning watershed, feasible mitigation measures to mitigate or avoid such long-term significant adverse effects shall be described and incorporated in the THP, SYP or NTMP.  Where long-term significant adverse effects cannot be avoided or mitigated, the THP, SYP, or NTMP shall identify the measures that will be taken to reduce those remaining effects and provide reasons for overriding concerns pursuant to 14 CCR Section 898.1(g), including a discussion of the alternatives and mitigation considered.
(c) A THP, SYP, or NTMP submitter may request that the Director waive subsection (a) above.  The Director, after conferring with review team agencies with jurisdiction, may waive subsection (a) above when substantial evidence is presented that would support a determination that post-harvest late succession forest stands or functional wildlife habitat will continually provide adequate structure and connectivity to avoid or mitigate long-term significant adverse effects on fish, wildlife, and listed plant species known to be primarily associated with late succession forest stands within the planning watersheds.
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.5, 4562.7 and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4526, 4551.5, 4562.5, 5093.50, 21001(f) and 21080.5, Public Resources Code; Section 5650(c), Fish and Game Code; 16 USC 1532; 50 CFR 17.3; 50 CFR 17.11. 
HISTORY

1. New section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).  For prior history, see Register 92, No. 40.
2. Amendment of subsection (a)(2) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§939.17. Protection of Old Growth Forest Components. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551 and 21160, Public Resources Code. Reference: Sections 4512, 4513 and 21001, Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744 (Sept. 23, 1991 Rehg. granted Oct. 23, 1991). 
HISTORY

1. New section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer of emergency adoption filed 11-25-91 by operation of Government Code section 11346.1(g) (Register 92, No. 40).
§939.18. Protection of Ancient Forest Components. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551 and 21160, Public Resources Code. Reference: Sections 4512, 4513 and 21001, Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744 (Sept. 23, 1991 Rehg. granted Oct. 23, 1991). 
HISTORY

1. New section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer of emergency adoption filed 11-25-91 by operation of Government Code section 11346.1(g) (Register 92, No. 40).
Article 10. Violations of Rules  Prior to Changes
§940. Violations of Rules Prior to Changes.
Note

Amendment, modification, or repeal of rules shall not, unless otherwise provided, bar action on prior violations of rules as they stood at time of violation.
NOTE

Authority cited for Article 10 (Section 940): Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512 and 4513, Public Resources Code. 
Article 11. Logging Roads and Landings
§943. Logging Roads and Landings.
Note     •     History

All logging roads and landings in the logging area shall be planned, located, constructed, reconstructed, used, and maintained in a manner which: is consistent with long-term enhancement and maintenance of the forest resource; best accommodates appropriate yarding systems and economic feasibility; minimizes damage to soil resources and fish and wildlife habitat; and prevents degradation of the quality and beneficial uses of water. The provisions of this article shall be applied in a manner which complies with this standard. 
Factors that shall be considered when selecting feasible alternatives (see 14 CCR 897 and 898) shall include, but are not limited to, the following:
(a) Use of existing roads whenever feasible.
(b) Use of systematic road layout patterns to minimize total mileage.
(c) Planned to fit topography to minimize disturbance to the natural features of the site.
(d) Avoidance of routes near the bottoms of steep and narrow canyons, through marshes and wet meadows, or unstable areas, and near watercourses or near existing nesting sites of threatened or endangered bird species.
(e) Minimization of the number of watercourse crossings.
(f) Location of roads on natural benches, flatter slopes and areas of stable soils to minimize effects on watercourses.
(g) Use of logging systems which will reduce excavation or placement of fills on unstable areas.
NOTE

Authority cited: Sections 4551, 4551.5, 4553 and 4562.5, Public Resources Code. Reference: Sections 4512, 4551.5, 4562.5 and 4562.7, Public Resources Code; California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Amendment filed 7-3-86; effective thirtieth day thereafter (Register 86, No. 27).
2. Amendment of first paragraph and subsections (c), (d) and (g) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
§943.1. Planning for Roads and Landings.
Note     •     History

The following standards for logging roads and landings shall be adhered to:
(a) All logging roads shall be located and classified on the THP map as permanent, seasonal, or temporary. Road failure on existing roads which will be reconstructed shall also be located on the THP map. In addition to the requirements of 14 CCR 1034(v), the probable location of those landings which require substantial excavation or which exceed one quarter acre in size, shall be shown on the THP map.
(b) New logging roads shall be planned in accordance with their classification and maintenance requirements.
(c) Logging roads and landings shall be planned and located, when feasible, to avoid unstable areas. The Director shall approve an exception if those areas are unavoidable, and site-specific measures to minimize slope instability due to construction are described and justified in the THP. 
(d) Where roads and landings will be located across 100 feet or more of lineal distance on any slopes over 65% or on slopes over 50% which are within 100 feet of the boundary of a WLPZ, measures to minimize movement of soil and the discharge of concentrated surface runoff shall be incorporated in the THP. The Director may waive inclusion of such measures where the RPF can show that slope depressions, drainage ways, and other natural retention and detention features are sufficient to control overland transport of eroded material. The Director may require end-hauling of material from areas within 100 feet of the boundary of a WLPZ to a stable location if end-hauling is feasible and is necessary to protect water quality. The Director shall require maintenance provisions in the THP for drainage structures and facilities provided that such maintenance is feasible and necessary to keep roadbeds and fills stable.
(e) New logging roads shall not exceed a grade of 15% except that pitches of up to 20% shall be allowed not to exceed 500 continuous feet (152.4 m). These percentages and distances may be exceeded only where it can be explained and justified in the THP that there is no other feasible access for harvesting of timber or where in the Northern or Southern Districts use of a gradient in excess of 20% will serve to reduce soil disturbance.
(f) Roads and landings shall be planned so that an adequate number of drainage facilities and structures are installed to minimize erosions on roadbeds, landing surfaces, sidecast and fills.
(g) Unless exceptions are explained and justified in the THP, general planning requirements for roads shall include:
(1) Logging roads shall be planned to a single-lane width compatible with the largest type of equipment used in the harvesting operation with turnouts at reasonable intervals.
(2) Roads shall be planned to achieve as close a balance between cut volume and fill volume as is feasible.
(3) When roads must be planned so that they are insloped and ditched on the uphill side, drainage shall be provided by use of an adequate number of ditch drains.
(h) Road construction shall be planned to stay out of Watercourse and Lake Protection Zones. When it is a better alternative for protection of water quality or other forest resources, or when such roads are the only feasible access to timber, exceptions may be explained and justified in the THP and shall be agreed to by the Director if they meet the requirements of this subsection.
(i) All logging roads to be constructed shall be flagged or otherwise identified on the ground before submission of a THP or substantial deviation, except for temporary roads less than 600 feet in length that would meet the requirements for a minor deviation (see 14 CCR 1036, 1039, 1040) if they were submitted as such. Exceptions may be explained and justified in the THP and agreed to by the Director if flagging or other identification is unnecessary as a substantial aid to examining (1) compatibility between road location and yarding and silvicultural systems or (2) possible significant adverse effects of road location on water quality, soil productivity, wildlife habitat, or other special features of the area.
(j) If logging roads will be used from the period of October 15 to May 1, hauling shall not occur when saturated soil conditions exist on the road that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551 and 4551.5, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Amendment of subsections (a), (c), (d) and (i) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
2. Amendment of subsection (i) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
3. New subsection (j) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
4. Amendment of subsection (j) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§943.2. Road Construction.
Note     •     History

Logging roads shall be constructed or reconstructed in accordance with the following requirements or as proposed by the RPF, justified in the THP, and found by the Director to be in conformance with the requirements of this article.
(a) Logging roads shall be constructed in accordance with the approved THP. If a change in designation of road classification is subsequently made, the change shall be reported in accordance with 14 CCR 1039 or 1040, as appropriate.
(b) Where a road section which is greater than 100 feet in length crosses slopes greater than 65 percent, placement of fill is prohibited and placement of sidecast shall be minimized to the degree feasible. The Director may approve an exception where site specific measures to minimize slope instability, soil erosion, and discharge of concentrated surface runoff are described and justified in the THP.
(c) On slopes greater than 50 percent, where the length of road section is greater than 100 feet, and the road is more than 15 feet wide (as measured from the base of the cut slope to the outside of the berm or shoulder of the road) and the fill is more than 4 feet in vertical height at the road shoulder for the entire 100 feet the road shall be constructed on a bench that is excavated at the proposed toe of the compacted fill and the fill shall be compacted. The Director may approve exceptions to this requirement where on a site-specific basis if the RPF has described and justified an alternative practice that will provide equal protection to water quality and prevention of soil erosion.
(d) Roads shall be constructed so no break in grade, other than that needed to drain the fill, shall occur on through fill; breaks in grade shall be above or below the through fill, as appropriate. Where conditions do not allow the grade to break as required, through fills must be adequately protected by additional drainage structures or facilities.
(e) Through fills shall be constructed in approximately one foot lifts.
(f) On slopes greater than 35 percent, the organic layer of the soil shall be substantially disturbed or removed prior to fill placement. The RPF may propose an exception in the THP and the Director may approve the exception where it is justified that the fill will be stabilized.
(g) Excess materials from road construction and reconstruction shall be deposited and stabilized in a manner or in areas where downstream beneficial uses of water will not be adversely affected.
(h) Drainage structures and facilities shall be of sufficient size, number and location to carry runoff water off of roadbeds, landings and fill slopes. Drainage structures or facilities shall be installed so as to minimize erosion, to ensure proper functioning, and to maintain or restore the natural drainage pattern. Permanent watercourse crossings and associated fills and approaches shall be constructed where feasible to prevent diversion of stream overflow down the road and to minimize fill erosion should the drainage structure become plugged.
(i) Where there is evidence that soil and other debris is likely to significantly reduce culvert capacity below design flow, oversize culverts, trash racks, or similar devices shall be installed in a manner that minimizes culvert blockage.
(j) Waste organic material, such as uprooted stumps, cull logs, accumulations of limbs and branches, and unmerchantable trees, shall not be buried in road fills. Wood debris or cull logs and chunks may be placed and stabilized at the toe of fills to restrain excavated soil from moving downslope.
(k) Logging roads shall be constructed without overhanging banks.
(l) Any tree over 12 inches (30.5 cm) D.B.H. with more than 25 percent of the root surface exposed by road construction, shall be felled concurrently with the timber operations.
(m) Sidecast or fill material extending more than 20 feet (6.1 m) in slope distance from the outside edge of the roadbed which has access to a watercourse or lake which is protected by a WLPZ shall be seeded, planted, mulched, removed, or treated as specified in the THP, to adequately reduce soil erosion.
(n) All culverts at watercourse crossings in which water is flowing at the time of installation shall be installed with their necessary protective structures concurrently with the construction and reconstruction of logging roads. Other permanent drainage structures shall be installed no later than October 15. For construction and reconstruction of roads after October 15, drainage structures shall be installed concurrently with the activity.
(o) Drainage structures and drainage facilities on logging roads shall not discharge on erodible fill or othererodible material unless suitable energy dissipators are used. Energy dissipators suitable for use with waterbreaks are described in 14 CCR 934.6(f).
(p) Where roads do not have permanent and adequate drainage, the specifications of 14 CCR 934.6 shall be followed.
(q) Drainage facilities shall be in place and functional by October 15. An exception is that waterbreaks do not need to be constructed on roads in use after October 15 provided that all such waterbreaks are installed prior to the start of rain that generates overland flow.
(r) No road construction shall occur under saturated soil conditions that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements, except that construction may occur on isolated wet spots arising from localized ground water such as springs, provided measures are taken to prevent material from significantly damaging water quality.
(s) Completed road construction shall be drained by outsloping, waterbreaks and/or cross-draining before October 15. If road construction takes place from October 15 to May 1, roads shall be adequately drained concurrent with construction operations.
(t) Roads to be used for log hauling during the winter period shall be, where necessary, surfaced with rock in depth and quantity sufficient to maintain a stable road surface that does not produce sediment in quantities that may cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or would violate Water Quality Requirements throughout the period of use. Exceptions may be proposed by the RPF, justified in the THP, and found by the Director to be in conformance with the requirements of this subsection.
(u) Slash and other debris from road construction shall not be bunched against residual trees which are required for silvicultural or wildlife purposes, nor shall it be placed in locations where it could be discharged into Class I or II watercourses.
(v) Road construction activities in the WLPZ, except for stream crossings or as specified in the THP, shall be prohibited.
NOTE

Authority cited: Sections 4551, 4551.5, and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b); Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Amendment of first paragraph and subsections (a), (h), (m), (n), (o), (q) and (v); new subsections (b), (c), (f), and (i); deletion of former section (r); and renumbering filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
2. Amendment of subsection (c) and Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
3. Amendment of subsection (s) filed 12-1-98; operative 1-1-99 (Register 98, No. 49).
4. Amendment of subsections (r) and (t) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§943.3. Watercourse Crossings.
Note     •     History

Watercourse crossing drainage structures on logging roads shall be planned, constructed, reconstructed, and maintained or removed, according to the following standards. Exceptions may be provided through application of Fish and Game Code Sections 1600 et seq. shall be included in the THP. 
(a) The location of all new permanent watercourse crossing drainage structures and temporary crossings located within the WLPZ shall be shown on the THP map. If the structure is a culvert intended for permanent use, the minimum diameter of the culvert shall be specified in the plan. 
(b) The number of crossings shall be kept to a feasible minimum. 
(c) Drainage structures on watercourses that support fish shall allow for unrestricted passage of all life stages of fish that may be present, and shall be fully described in the plan in sufficient clarity and detail to allow evaluation by the review team and the public, provide direction to the LTO for implementation, and provide enforceable standards for the inspector. 
(d) When watercourse crossings, other drainage structures, and associated fills are removed the following standards shall apply: 
(1) Fills shall be excavated to form a channel that is as close as feasible to the natural watercourse grade and orientation, and that is wider than the natural channel. 
(2) The excavated material and any resulting cut bank shall be sloped back from the channel and stabilized to prevent slumping and to minimize soil erosion. Where needed, this material shall be stabilized by seeding, mulching, rock armoring, or other suitable treatment. 
(e) All permanent watercourse crossings that are constructed or reconstructed shall accommodate the estimated 100-year flood flow, including debris and sediment loads. 
(f) Watercourse crossings and associated fills and approaches shall be constructed or maintained to prevent diversion of stream overflow down the road and to minimize fill erosion should the drainage structure become obstructed. The RPF may propose an exception where explained in the THP and shown on the THP map and justified how the protection provided by the proposed practice is at least equal to the protection provided by the standard rule.
(g) All new permanent culverts on Class I watercourses, where fish are always or seasonally present or where fish habitat is restorable, shall be planned, designed and constructed to allow upstream and downstream passage of fish or listed aquatic species during any life stage and for the natural movement of bedload to form a continuous bed through the culvert and shall require an analysis and specifications demonstrating conformance with the intent of this section and subsection. 
NOTE

Authority cited: Sections 4551, 4551.5 and 21004, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 40 CFR 130.2(q); and California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172. 
HISTORY

1. New subsection (d) filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
2. Amendment of subsection (a) and new subsection (e) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
3. Amendment of first paragraph and subsections (c) and (d)(1), new subsections (e), (g) and (h), subsection relettering, and amendment of Note filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
4. Amendment of subsection (h) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
5. Amendment of subsection (h) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
6. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
7. Amendment of subsection (h) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
8. Amendment of subsection (h) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
9. Amendment of subsection (h) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
10. Amendment of subsection (h) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
11. Amendment of first paragraph and subsections (a), (f) and (g) and repealer of subsection (h) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§943.4. Road Maintenance.
Note     •     History

Logging roads, landings, and associated drainage structures used in a timber operation shall be maintained in a manner which minimizes concentration of runoff, soil erosion, and slope instability and which prevents degradation of the quality and beneficial uses of water during timber operations and throughout the prescribed maintenance period. In addition those roads which are used in connection with stocking activities shall be maintained throughout their use even if this is beyond the prescribed maintenance period.
(a) The prescribed maintenance period for erosion controls on permanent and seasonal roads and associated landings and drainage structures which are not abandoned in accordance with 14 CCR 963.8 shall be at least one year. The Director may prescribe a maintenance period extending up to three years in accordance with 14 CCR 1050.
(b) Upon completion of timber operations, temporary roads and associated landings shall be abandoned in accordance with 14 CCR 963.8.
(c) Waterbreaks shall be maintained as specified in 14 CCR 964.6.
(d) Unless partially blocked to create a temporary water source, watercourse crossing facilities and drainage structures, where feasible, shall be kept open to the unrestricted passage of water. Where needed, trash racks or similar devices shall be installed at culvert inlets in a manner which minimizes culvert blockage. Temporary blockages shall be removed by November 15.
(e) Before the beginning of the winter period, all roadside berms shall be removed from logging roads or breached, except where needed to facilitate erosion control.
(f) Drainage structures, if not adequate to carry water from the fifty-year flood level, shall be removed in accordance with 14 CCR 963.3(d) by the first day of the winter period, before the flow of water exceeds their capacity if operations are conducted during the winter period, or by the end of timber operations whichever occurs first. Properly functioning drainage structures on roads that existed before timber operations need not be removed. An RPF may utilize an alternative practice, such as breaching of fill, if the practice is approved by the Director as providing greater or equal protection to water quality as removal of the drainage structure.
(g) Temporary roads shall be blocked or otherwise closed to normal vehicular traffic before the winter period.
(h) During timber operations, road running surfaces in the logging area shall be treated as necessary to prevent excessive loss of road surface materials by, but not limited to, rocking, watering, chemically treating, asphalting or oiling.
(i) Soil stabilization treatments on road or landing cuts, fills, or sidecast shall be installed or renewed,when such treatment could minimize surface erosion which threatens the beneficial uses of water.
(j) Drainage ditches shall be maintained to allow free flow of water and to minimize soil erosion.
(k) Action shall be taken to prevent failures of cut, fill, or sidecase slopes from discharging materials into watercourses or lakes in quantities deleterious to the quality or beneficial uses of water.
(l) Each drainage structure and any appurtenant trash rack shall be maintained and repaired as needed to prevent blockage and to provide adequate carrying capacity. Where not present, new trash racks shall be installed if there is evidence that woody debris is likely to significantly reduce flow through a drainage structure.
(m) Inlet and outlet structures, additional drainage structures (including ditch drains) and other features to provide adequate capacity and to minimize erosion of road and landing fill and sidecast to minimize soil erosion and to minimize slope instability shall be repaired, replaced, or installed wherever such maintenance is needed to protect the quality and beneficial uses of water.
(n) Permanent watercourse crossings and associated approaches shall be maintained to prevent diversion of stream overflow down the road should the drainage structure become plugged. Corrective action shall be taken before the completion of timber operations or the drainage structure shall be removed in accordance with 14 CCR section 923.3 (d).
(o) Except for emergencies and maintenance needed to protect water quality, use of heavy equipment for maintenance is prohibited during wet weather where roads or landings are within a WLPZ. 
(p) The Director may approve an exception to a requirement set forth in subsections (b) through (o) above when such exceptions are explained and justified in the THP and the exception would provide for the protection of the beneficial uses of water or control erosion to a standard at least equal to that which would result from the application of the standard rule.
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4561.7, and 4562.9, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b); Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Amendment filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
2. Amendment of first paragraph; subsections (e), (d), (m), and (o) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
3. Amendment of subsection (h) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
4. Amendment of subsection (f) and Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§943.5. Landing Construction.
Note     •     History

Landings shall be constructed according to the following standards:
(a) On slopes greater than 65 percent, no fill shall be placed and sidecast shall be minimized to the degree feasible. The Director may approve an exception if, site specific measures to minimize slope instability, soil erosion, and discharge of concentrated surface runoff are described and justified in the THP.
(b) On slopes greater than 50 percent, fills greater than 4 feet in vertical height at the outside shoulder of the landing shall be: 
(1) constructed on a bench that is excavated at the proposed toe of the fill and is wide enough to compact the first lift, and 
(2) compacted in approximately 1 foot lift from the toe to the finished grade. The RPF or supervised designee shall flag the location of this bench or the RPF shall provide a description of the bench location (narrative or drawing) in the THP for fills meeting the above criteria, where the length of landing section is greater than 100 feet. The RPF may propose an exception in the THP and the Director may approve the exception where it is justified that the landing will be stabilized.
(c) Waste organic material, such as uprooted stumps, cull logs, accumulations of limbs and branches, or unmerchantable trees, shall not be buried in landing fills. Wood debris or cull logs and chunks may be placed and stabilized at the toe of landing fills to restrain excavated soil from moving downslope.
(d) Constructed landings shall be the minimum in width, size, and number consistent with the yarding and loading system to be used. Landings shall be no larger than one-half acre (.202 ha) unless explained and justified in the THP.
(e) No landing construction shall occur under saturated soil conditions that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements.
(f) The following specifications shall be met upon completion of timber operations for the year or prior to October 15, whichever occurs first:
(1) Overhanging or unstable concentrations of slash, woody debris and soil along the downslope edge or face of the landings shall be removed or stabilized when they are located on slopes over 65 percent or on slopes over 50 percent within 100 feet of a WLPZ. 
(2) Any obstructed ditches and culverts shall be cleaned.
(3) Landings shall be sloped or ditched to prevent water from accumulating on the landings. Discharge points shall be located and designed to reduce erosion. 
(4) Sidecast or fill material extending more than 20 feet in slope distance from the outside edge of the landing and which has access to a watercourse or lake shall be seeded, planted, mulched, removed or treated as specified in the THP to adequately reduce soil erosion.
(5) Sidecast or fill material extending across a watercourse shall be removed in accordance with standards for watercourse crossing removal set forth in 14 CCR 943.3(d).
(g) On slopes greater than 35 percent, the organic layer of the soil shall substantially removed prior to fill placement.
(h) When landings are constructed after October 15 they shall be adequately drained concurrent with construction operations and shall meet the requirements of (f)(1) through (f)(4) of this subsection upon completion of operations at that landing.
(i) The RPF may propose and the Director may approve waiver of requirements in (f)(1) through (f)(4) of this subsection if the Director finds they are not necessary to minimize erosion or prevent damage to downstream beneficial uses. The Director may also approve an exception to the October 15th date for treatment of slash and debris, including the practice of burning.
NOTE

Authority cited: Sections 4551, 4551.5, and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Deletion of former subsection (a); addition of new subsections (a), (b), (f)(5) and (g); amendment of subsections (f)(1), (f)(3), (f)(4), (h) and (i); and renumbering filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
2. Amendment of subsection (b) and Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
3. Amendment of subsection (e) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§943.6. Conduct of Operations on Roads and Landings.
Note     •     History

Routine use and maintenance of roads and landings shall not take place when, due to general wet conditions, equipment cannot operate under its own power. Operations may take place when roads and landings are generally firm and easily passable or during hard frozen conditions. Isolated wet spots on these roads or landings shall be rocked or otherwise treated to permit passage. However, operations and maintenance shall not occur when sediment discharged from landings or roads will reach watercourses or lakes in amounts deleterious to the quality and beneficial uses of water.
This section shall not be construed to prohibit activities undertaken to protect the road or to reduce erosion.
NOTE

Authority cited: Sections 4551, 4551.5, 4453 and 4562.9, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Amendment filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
2. Amendment filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
§943.7. Licensed Timber Operator Responsibility for Roads and Landings.
Note

The licensed timber operator who is responsible for the implementation or execution of the plan shall not be responsible for the construction and maintenance of roads and landings, unless the licensed timber operator is employed for that purpose.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4512 and 4513, Public Resources Code.
§943.8. Planned Abandonment of Roads, Watercourse Crossings, and Landings.
Note     •     History

Abandonment of roads, watercourse crossings and landings shall be planned and conducted in a manner which provides for permanent maintenance-free drainage, minimizes concentration of runoff, soil erosion and slope instability, prevents unnecessary damage to soil resources, promotes regeneration, and protects the quality and beneficial uses of water. General abandonment procedures shall be applied in a manner which satisfies this standard and include the following: 
(a) Blockage of roads so that standard production four wheel-drive highway vehicles cannot pass the point of closure at the time of abandonment. 
(b) Stabilization of exposed soil on cuts, fills, or sidecast where deleterious quantities of eroded surface soils may be transported into a watercourse. 
(c) Grading or shaping of road and landing surfaces to provide dispersal of water flow. 
(d) Pulling or shaping of fills or sidecast where necessary to prevent discharge of materials into watercourses due to failure of cuts, fills, or sidecast. 
(e) Removal of watercourse crossings, other drainage structures, and associated fills in accordance with 14 CCR 923.3 (d). Where it is not feasible to remove drainage structures and associated fills, the fill shall be excavated to provide an overflow channel which will minimize erosion of fill and prevent diversion of overflow along the road should the drainage structure become plugged. 
The Director may approve an exception to a requirement set forth in (b) through (e) above when such exceptions are explained and justified in the THP and the exception would provide for the protection of the beneficial uses of water or control erosion to a standard at least equal to that which would result from the application of the standard rule. 
NOTE

Authority cited: Sections 4551, 4551.5, 4562.7 and 4562.9, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.7 and 4562.9, Public Resources Code. 
HISTORY

1. New section filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
§943.9. Roads and Landings in Watersheds with Listed Anadromous Salmonids.
Note     •     History

In addition to all other district Forest Practice Rules, the following requirements shall apply in any planning watershed with listed anadromous salmonids:
[Effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective] In addition to all other district Forest Practice Rules, the following requirements shall apply in any planning watershed with threatened or impaired values, except in watersheds with coho salmon. In watersheds with coho salmon, the standards listed under 923.9.1 and 923.9.2 shall apply: 
(a) Where logging road or landing construction or reconstruction is proposed, the plan shall state the location of, and specifications for, logging road or landing abandonment or other mitigation measures to minimize the adverse effects of long-term site occupancy of the transportation system within the watershed. 
(b) Unless prohibited by existing contracts with the U.S.D.A. Forest Service or other federal agency, new and reconstructed logging roads shall be no wider than a single-lane compatible with the largest type of equipment specified for use on the road, with adequate turnouts provided as required for safety. The maximum width of these roads shall be specified in the plan. These roads shall be outsloped where feasible and drained with water breaks or rolling dips (where the road grade is inclined at 7 percent or less), in conformance with other applicable Forest Practice Rules. 
(c) The following shall apply on slopes greater than 50% that have access to a watercourse or lake:
(1) Specific provisions of construction shall be identified and described for all new roads. 
(2) Where cutbank stability is not an issue, roads may be constructed as a full-benched cut (no fill). Spoils not utilized in road construction shall be disposed of in stable areas with less than 30 percent slope and outside of any WLPZ, EEZ, or ELZ  designated for watercourse or lake protection. The Director, with concurrence from other responsible agencies, may waive inclusion of these measures where the RPF can show that slope depressions and other natural retention and detentions feature are sufficient to controls overland transport of eroded material.
(3) Logging roads may be constructed with balanced cuts and fills: if 
(A) properly engineered, or 
(B) fills are removed and the slopes recontoured prior to the winter period.
(d) In addition to the provisions listed under 14 CCR §943.1, subsection (e), all permanent or seasonal logging roads with a grade of 15% or greater that extends 500 continuous feet or more shall have specific erosion control measures stated in the plan. 
(e) Where logging road networks are remote or are located where the landscape is unstable, where crossing fills over culverts are large, or where logging road watercourse crossing drainage structures and erosion control features historically have a high failure rate, drainage structures and erosion control features shall be oversized, designed for low maintenance, reinforced, or removed before the completion of the timber operation. The method of analysis and the design for crossing protection shall be included in the plan. 
(f) Except when expressly required by 14 CCR §943.9, subsections (f)(1)-(5) below, the provisions of 14 CCR 943.9 shall not apply to a plan that is subject to:
(1) a valid incidental take permit issued by DFG pursuant to Section 2081(b) of the Fish and Game Code that addresses anadromous salmonid protection; or
(2) a federal incidental take statement or incidental take permit that addresses anadromous salmonid protection, for which a consistency determination has been made pursuant to Section 2080.1 of the Fish and Game Code; or
(3) a valid natural community conservation plan that addresses anadromous salmonid protection approved by DFG under section 2835 of the Fish and Game Code; or
(4) a valid Habitat Conservation Plan that addresses anadromous salmonid protection, approved under Section 10 of the federal Endangered Species Act of 1973; or
(5) project revisions, guidelines, or take avoidance measures pursuant to a memorandum of understanding or a planning agreement entered into between the plan submitter and DFG in preparation of obtaining a natural community conservation plan that addresses anadromous salmonid protection. 
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; and Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App. 3d 959, 131 Cal.Rptr. 172.
HISTORY

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
2. Amendment of subsection (g) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsection (g) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsection (g) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (g) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsection (g) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
8. Amendment of first paragraph filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
9. Amendment of subsection (g) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
10. Amendment of section heading and section filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
11. Change without regulatory effect amending introductory paragraph filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
§943.9.1. Measures for Roads and Landings in Watersheds with Coho Salmon.
Note     •     History

In addition to all other district Forest Practice Rules, the regulations in 14 CCR §§949.3 and 943.9 as amended and effective on January 1, 2010 shall apply in any planning watershed with coho salmon.
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 amd 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; and Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App. 3d 959, 131 Cal.Rptr. 172.
HISTORY

1. New section filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
2. Amendment filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§943.9.2. Measures to Facilitate Incidental Take Authorization in Watersheds with Coho Salmon. [Effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective] [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; and Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App. 3d 959, 131 Cal.Rptr. 172.
HISTORY

1. New section filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
2. Change without regulatory effect repealing section filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
§945. Lake County Rules.
Note     •     History

In addition to forest practice rules applying in the Northern Forest District, these rules shall apply within the areas of Lake County designated as Scenic Combining District except as provided by subsection (f) of Public Resources Code section 4516.5. Where the general rules conflict with the Lake County rules, the Lake County rules shall apply.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
§945.1. Statement of Purpose.
Note     •     History

The purpose of these rules is to:
(a) insure that the visual and aesthetic sites identified within the Scenic Combining District are adequately identified and protected,
(b) provide direction to RPFs preparing plans which, for the purposes of this section, include THPs, MTHPs, NTMPs, PTEIRs, Notices of Emergency Timber Operations, and any Exemptions Notices pursuant to 14 CCR §§1038 and 1104.1,
(c) provide direction to the timber operator conducting timber operations,
(d) provide direction to the Department in its review, approval, and inspection programs.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
§945.2. Definitions.
Note     •     History

“Scenic Combining District” means a zone of varying widths adjacent to county and state maintained roadways and certain state and county roads as adopted by county ordinance. The Scenic Combining District is administered by the Community Development Department of Lake County.
Scenic Combining District width is measured from the edge of the roadway and may extend on both sides of the road. The width of the Scenic Combining District is identified, mapped, and administered by the Community Development Department.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
§945.3. Timber Harvest Prescriptions.
Note     •     History

The following rules shall be applied to all areas designated Scenic Combining District. Limited timber harvesting may be allowed within the Scenic Combining Districts using the following criteria:
(a) Selection. In the areas designated as Scenic Combining Districts, only the selection regeneration method and commercial thinning shall be used. The group selection method (14 CCR §933.2(a)(2)(B)) shall not be used.
(1) A map that clearly defines the location and extent of the Scenic Combining District occurring on the site to be harvested shall be submitted with the Plan.
(2) Trees to be harvested shall be marked by or under the supervision of an RPF. All trees to be harvested shall be marked within the Scenic Combining District prior to a preharvest inspection for evaluation.
(3) In all areas designated as Scenic Combining Districts, at least 75 square feet per acre of conifer basal area shall be retained.
(4) Post harvest stand stocking levels of conifers shall be stated in the Plan. The level of residual stocking shall be consistent with maximum sustained production for high quality timber products. In no case shall conifer stocking levels per acre be reduced below the following standards:
(A) Within the first 150 feet of the Scenic Combining District, at least 50% of the trees 18 to 24 inches dbh, and 50% of the trees 26 inches dbh and larger, shall be retained.
(B) Between 150 and 300 feet of the Scenic Combining District, at least 50% of the trees less than 18 inches dbh, 40% of the trees 18-24 inches dbh, and 33% of the trees 26 inches dbh and larger shall be retained.
(C) Between 300 feet and the outermost boundary of the Scenic Combining District, 75 square feet of basal area per acre shall be retained.
(b) Logging roads, tractor roads, and landings shall be screened from direct view to the extent feasible by leaving trees and vegetation between the disturbed areas and vista points that would attract viewers.
(c) Hardwoods shall be considered for the purposes of aesthetic enhancement and a minimum of 25% of the pre-harvest hardwood basal area shall be retained.
(d) A second harvest shall not be conducted sooner than ten years following completion of an initial harvest unless an emergency condition exists pursuant to 14 CCR §1052 et seq. in the interim, or pursuant to a conversion exemption (14 CCR §1104.1).
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
§945.4. Hours of Operation.
Note     •     History

Within 300 feet of any occupied dwelling, the operation of power equipment, including chain saws, except licensed highway vehicles, shall be restricted to the hours between 7:00 a.m. and 7:00 p.m. and shall be prohibited on Saturdays, Sundays and nationally designated holidays, except that such operations shall be permitted to occur on Columbus Day. The Director may grant an exception to this rule where the Director has found that no disturbance will result to the occupants of the dwelling from the use of such equipment.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
2. Amendment filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§945.5. Exempt and Emergency Notice Operations.
Note     •     History

Timber operations may be conducted within the Scenic Combining District in compliance with an Exemption pursuant to 14 CCR §1038, an Exemption pursuant to 14 CCR §1104.1, or an Emergency Notice pursuant to 14 CCR §1052. Such operations, when feasible, shall be conducted in a manner consistent with the limitations described in 14 CCR §945.3(a), subsections (1), (2), and (3); 945.3(b); 945.3(c); and 945.4.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
Article 12. Archaeological and Historical Resource Protection
§949. Statement of Purpose.
Note     •     History

The purpose of this article is to: 
(a) ensure that the significant archeological and historical sites within the site survey are adequately identified and protected, 
(b) to provide direction to RPFs preparing THPs (which includes all forms of THPs including, but not limited to, Modified THPs and Nonindistrial Timber Management Plans (NTMPs), Program Timber Harvesting Plans (PTHPs)), Notice of Emergency Timber Operations (Emergency Notices), and any Exemption Notices pursuant to 14CCR Sections 1038 and 1104.1, 
(c) provide direction to the timber operator conducting timber operations, 
(d) provide direction to the Department of Forestry and Fire Protection in its review, approval and inspection programs.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002, 21060.5, 21083.2 and 21084.1, Public Resources Code.
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of article heading, section and Note filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of subsection (b) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§949.1. Plan, and Emergency Notice Preparation.
Note     •     History

(a) Preparing a plan.
Prior to submitting a plan, the RPF, or the RPF's supervised designee:
(1) Shall conduct an archaeological records check at the appropriate Information Center. A previously-conducted archaeological records check for the property may be used to satisfy this requirement if it covers the entire area proposed for timber operations and if it meets the definition of “current archaeological records check” in 14 CCR §895.1.
(2) Shall provide written notification to Native Americans of the preparation of a plan. The primary purpose for this notification is to provide Native Americans an opportunity to disclose the existence of any Native American archaeological or cultural sites that are potentially within or adjacent to the site survey area, and the opportunity to comment on the plan. The RPF shall allow a minimum of 10 days for response to this notice before submitting the plan to the Director. The remainder of the 10-day waiting period is waived when all Native Americans required to be informed respond in less than 10 days. This notice shall contain the following attachments or items of information:
(A) A request for information concerning the potential existence of any Native American archaeological or cultural sites within the plan boundaries.
(B) Information concerning the location of the plan including:
1. A general location map that, at a minimum, shows the travel route from the nearest community or well-known landmark to the plan area.
2. A copied segment of the titled USGS (if available) or equivalent map(s) that displays the approximate boundary of the plan area, and includes a map legend and a scale.
3. A description of the plan location including the county, section, township, range, base and meridian, and the approximate direction and distance from the nearest community or well-known landmark.
(C) A statement that all replies, comments, questions, or other information submitted by Native Americans as a result of this notice be directed to the RPF. The name, address, and phone number of the RPF shall be provided.
(D) Information concerning the available time for response. Indicate that the RPF is requesting a response within ten days from the date of the notice so the information can be incorporated into the plan when initially submitted to the Director. Provide the estimated date the plan will be submitted to Director. Provide the following statement: “The earliest possible date the Director may approve the plan is 16 calendar days after it is submitted to Director, although typically, the plan is reviewed for at least 45 calendar days following plan submittal before the Director approves the plan.”
(E) A statement that the Native American groups may participate in the plan review process by submitting written comments to the Director before close of public comment period.
(F) A statement that locations of sites disclosed will be kept confidential.
(G) A statement that a Confidential Archaeological Addendum (CAA) will be prepared for the plan and a copy of pertinent information contained within the CAA may, at the discretion of the Director, be obtained from the Director.
(3) Shall provide a professional archaeologist or a person with archaeological training (in accordance with 14 CCR §949.4) to conduct a field survey for archaeological and historical sites within the site survey area. Previous archaeological surveys within the site survey area may also be used to partially or entirely satisfy this requirement.
(4) Shall ensure that research is conducted prior to the field survey, including review of appropriate literature and contacting knowledgeable individual, concerning potential archaeological or historical sites occurring on the property.
(b) Provide Notification to Native Americans if a Native American Archaeological or Cultural Site is located within the plan. On a plan that contains a Native American archaeological or cultural site as defined in 14 CCR §895.1 the RPF or the RPF's supervised designee shall:
(1) provide a written notice to Native Americans informing them of the presence of Native American cultural resources within the site survey area. This notification shall include:
(A) The RPF's name, address, and telephone number.
(B) The name, number, or other designator of the plan.
(C) A list of all known Native American archaeological or cultural sites located within the site survey area, including a name, number or other designator and brief description of each site.
(D) A brief discussion of how each site shall be protected or avoided.
(E) The address and phone number of the appropriate CAL FIRE Review Team Office to contact as listed under 14 CCR §1032, as well as a statement that written comments may be submitted to the Director for consideration prior to the close of public comment.
(F) The estimated earliest date the Director may approve the plan.
(2) submit a copy of all letters sent pursuant to 14 CCR §949.1(b)(1) to the Director. The Director shall allow a minimum of 15 days from the date of the notification letter for receipt of responses to notices sent pursuant to 14 CCR §949.1(b)(1) prior to the close of public comment.
(c) Submitting a Confidential Archaeological Addendum for a plan.
The RPF shall include the following information in a Confidential Archaeological Addendum with the proposed plan:
(1) Administrative Information which is not confidential and may be released to the public. This includes:
(A) The name, affiliation, address, and phone number of the archaeological surveyor.
(B) The name, affiliation, address, and phone number of the RPF, if different than the archaeological surveyor.
(C) The plan name ascribed by the RPF, plan number (if known), type, and approximate acreage.
(D) The county, legal description, and name of USGS 7.5' Quad(s) within which the project is located.
(E) The date the CAA was completed.
(F) The name of the author of the CAA.
(G) The signature of the RPF or archaeological surveyor.
(2) Archaeological Records Check Information. A copy of the records check and written reply (including mapped information) from the Information Center shall be attached, or a justification as to why that is not possible shall be included.
(A) If the records check request and written reply from the Information Center are attached, no additional information is required.
(B) If the records check request and written reply from the Information Center are not attached, the following information shall be included:
(1) Justification why records check request and written reply could not be attached.
(2) The date the records check was conducted at the Information Center.
(3) The Information Center File Number.
(4) Summary of records check results discussing whether or not archaeological or historical sites are known or suspected to exist within the site survey area and whether or not the site survey area has a previous archaeological investigation on record.
(3) Results of notification to Native Americans pursuant to 14 CCR §949.1(a)(2)(B). This shall include:
(A) An example of a notification letter and project maps submitted to Native American contacts.
(B) Copies of any written responses received from Native American contacts.
(C) A list of the individuals or groups that were provided written notification and the date of the Native American Contact List being used.
(D) Date the notification was sent.
(E) Results of the information request, specifically addressing the results of information received from the NAHC, if those results have been received.
(4) Results of notification to Native Americans of the existence of a Native American archaeological or cultural site on the plan, if required, pursuant to 14 CCR §949.1(b).
(5) A list of the research done prior to field survey. This list shall include literature reviewed and persons contacted in addition to the required archaeological records check with Information Center and Native Americans, and a summary of the results of this research.
(6) Information on the current or previous archaeological surveyor(s), which is not confidential. This shall include:
(A) the name of the current archaeological surveyors and an indication of whether or not the person either meets the specifications of a professional archaeologist as defined in 14 CCR §895.1 or meets the requirements specified in 14 CCR §949.4. 
(B) the name of any previous archaeological surveyors, if known.
(7) Description of archaeological survey methods and procedures including survey strategy, time spent conducting archaeological field survey, the date or dates the survey was conducted, survey coverage intensity, and ground visibility or other limitations.
(8) A list and description of all archaeological or historical sites identified within the site survey area including information on the site(s) size, type, and condition. The designations used in this listing of sites found shall be consistently used throughout the CAA.
(9) An Archaeological Coverage Map or maps prepared in accordance with the specifications identified in the definition of an Archaeological Coverage Map in 14 CCR §895.1.
(10) A preliminary determination of significance of identified archaeological and historical sites, if damaging effects from timber operations cannot be avoided. This determination shall be based upon the criteria for a significant archaeological or historical site listed in 14 CCR §895.1.
(11) Description of any specific enforceable protection measures to be implemented both within the site boundaries and within 100 feet of the site boundaries.
(12) Information concerning the proposed on-site meeting between the RPF or supervised designee familiar with on-site conditions and the LTO to discuss protection of archaeological and historical resources, if required, pursuant to 14 CCR §949.2(b).
(13) Information concerning site recording requirements pursuant to 14 CCR §949.1(d) and (g).
(14) Other applicable information, if any, concerning the archaeological survey for this project.
(15) List of attachments to the CAA.
(d) Site Records.
Upon submission of a plan, the RPF or the RPF's supervised designee shall submit completed site records for each site proposed to be a significant archaeological or historical site in a manner consistent with the recording standards identified in the State Office of Historical Preservation's “Instructions For Recording Historical Resources” March, 1995, which is incorporated by reference.
(e) Emergency Notice of 3 Acres Or More.
(1) Prior to submitting an Emergency Notice of three acres or more, the RPF:
(A) Shall ensure that an archaeological field survey is, or has been previously conducted by a professional archaeologist or person with archaeological training (pursuant to 14 CCR §949.4) within the site survey area.
(2) Prior to submitting an Emergency Notice of three acres or more, the RPF or the RPF's supervised designee:
(A) Shall complete a current archaeological records check. This check may be conducted by telephone. If the Information Center is unable to provide the information within three business days following receipt of an RPF's request for an Emergency Notice records check, the records check requirement is waived.
(B) Shall submit a Confidential Archaeological Letter that includes the information required by 14 CCR §949.1(c)(2), (7), (8), (9), (10) and (11), including site records, if required pursuant to 14 CCR §949.1(g) and 949.5.
(C) Shall send a copy of the Emergency Notice to Native Americans.
(f) Emergency Notice of Less Than 3 Acres.
(1) Prior to submitting an Emergency Notice of less than three acres, the RPF or the RPF's supervised designee shall:
(A) Conduct an archaeological survey for said area to determine whether it contains any significant archaeological sites using the criteria for a significant archaeological or historical site defined in 14 CCR §895.1.
(B) Send a copy of the Notice to Native Americans.
(2) An archaeological records check, Confidential Archaeological Addendum, or Confidential Archaeological Letter, is not required.
(3) No timber operations shall occur within the boundaries of any significant archaeological or historical sites as determined by the RPF or the RPF's supervised designee.
(g) Submitting Archaeological and Historical Information to Information Centers.
Within 30 days following the Director's approval of a plan or acceptance of an Emergency Notice of three acres or larger, the Director shall send to the appropriate Information Center of the California Historical Resource Information System the following information provided by the RPF:
(1) a complete Confidential Archaeological Addendum which includes all changes and additions required in the plan review process and which identifies the plan number, or, for Emergency Notices of three acres or larger, a Confidential Archaeological Letter.
(2) two copies each of any completed archaeological or historical site records for:
(A) archaeological sites determined to be significant, or 
(B) sites that a person elects to record, but for which no determination of significance has been made.
The records shall be completed by a person who satisfies the requirements specified in 14 CCR §949.4 in a manner consistent with the recording standards identified in the State Office of Historic Preservation's “Instructions For Recording Historical Resources” March, 1995, which is incorporated by reference.
(3) The RPF or supervised designee shall ensure that the site records are completed in the manner specified in subsection (2).
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of section heading and repealer and new section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of section heading and section filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
5. Change without regulatory effect amending subsection (b)(1)(E) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§949.2. Protection Measures for Plans and Emergency Notices 3 Acres and Larger.
Note     •     History

(a)(1) The RPF shall describe in the separate Confidential Archaeological Addendum or Letter, measures to be taken to mitigate or avoid substantial adverse change to any known significant archaeological or historical sites.
(2) The RPF may propose, and the Director may agree to, site specific protection measures for any identified archaeological or historical site without evaluating the significance of the site. These proposed protection measures shall be designed to ensure protection of such archaeological and historical sites from damaging effects. Avoidance of activities which will cause damaging effects is a preferred protection measure.
(b) The RPF or supervised designee familiar with on-site conditions shall meet with the LTO prior to the start of timber operations at each archaeological or historical site that is described in the plan or notice that requires avoidance or other protection measures and do the following:
(1) show the LTO the location, extent and boundaries of each archaeological or historical site requiring protection,
(2) discuss with the LTO the protection measures,
(3) apprise the LTO of the confidentiality requirements for any information concerning the physical location of archaeological or historical sites.
(c) If the RPF or supervised designee is unable to perform the duties in 14 CCR §949.2(b), the RPF shall:
(1) explain the reasons in the emergency notice, plan, or as a minor amendment to the plan,
(2)(A) meet with the plan submitter, timberland owner, or their authorized agent, and review in the field, the items described in 14 CCR §949.2(b),
(B) if the plan submitter, timberland owner, or their authorized agent will not comply with the RPF's or RPF's supervised designee's request for a meeting, the RPF shall notify the Director.
(3) except for an emergency notice, notify the plan submitter in writing that it is the plan submitter's responsibility to transfer the information in 14 CCR §949.2(b) to the LTO per 1035(h),
(4) notify the Director in writing.
(d) The LTO shall not conduct timber operations within the boundaries of any archaeological or historical site identified in the CAA unless such operations are described in the CAA and made part of the plan approved by the Director.
(e) In the event that the CAA authorizes limited timber operations within the boundaries of archaeological or historical sites identified in the plan, the LTO and the RPF, if so stated in the plan, shall be responsible for ensuring that specific protection measures and timber operations are conducted in the manner described in the CAA.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21001, 21060.5, 21083.2 and 21084.1, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of section heading, repealer and new section, and amendment of Note filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of section heading and subsections (b), (c) and (c)(2) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment of section heading and subsections (c), (c)(2) and (c)(3) and new subsections (d)-(e) filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
§949.3. Post Review Site Discovery.
Note     •     History

If a person discovers a potentially significant archaeological or historical site after a plan, Emergency Notice, or Exemption is accepted by the Director, the following procedures apply:
(a) The person who made the discovery shall immediately notify the Director, LTO, RPF, or timberland owner of record.
(b) The person first notified in (a) shall immediately notify the remaining parties in (a).
(c) No timber operations shall occur within 100 feet of the identified boundaries of the new site until the plan submitter proposes, and the Director agrees to, protection measures pursuant to 14 CCR §949.2.
(d) A minor deviation shall be filed to the plan. The minimum information provided shall include:
(1) A statement that the information is confidential.
(2) The mapped location of the site.
(3) A description of the site.
(4) Protection measures, and
(5) Site records, if site records are required pursuant to 14 CCR §§949.1(g)(2)(b) and 949.5.
(e) Upon receipt, the Director shall immediately provide the proposed minor deviation or portions of the minor deviation, to Native Americans when Native American archaeological or cultural sites are involved.
NOTE

Authority cited: Sections 4551, 4551.5, 4583.2 and 4591.1, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of section heading and repealer and new section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of first paragraph and subsection (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment of section and Note filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
§949.4. Archaeological Training Requirements.
Note     •     History

To meet the requirement of 14 CCR §949.1, archaeological surveys of a plan or Emergency Notice areas for archaeological or historical sites shall be conducted only by a professional archaeologist or a person who has attended a training program approved by the Director within five years prior to submission of the plan or Emergency Notice. The training program must meet the following standards:
(a) The course shall use education materials approved by the Director which address the current regulations and procedures for the identification, recordation, and protection of archaeological and historical resources during timber operations.
(b) The course may require that the applicant demonstrate, in the field, and in a final written examination, the ability to conduct a record search, perform field identification, complete an archaeological site record, and to identify appropriate mitigation and protection measures for archaeological or historical sites covered in the course.
(c) The Director shall issue verification to all students that satisfactorily complete the training course.
(d) Following an individual's successful completion of an archaeological training course approved by the Director, he or she may enroll in a refresher training course, approved by the Director, to renew a 5-year archaeological training certification.
(e) The Director may conduct the archaeological training courses (in addition to or in-lieu of approving programs conducted by others) at least annually.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of first paragraph and subsections (a) and (b), new subsections (b) and (c), and subsection relettering filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of first paragraph filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment of first paragraph and subsection (c) filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
§949.5. Site Recording.
Note     •     History

The Director shall ensure that all archaeological or historical sites determined to be significant and located within the site survey area on plans, or Emergency Notices are recorded by the RPF or supervised designee in a manner consistent with the recording standards identified in the State Office of Historic Preservation's “Instructions For Recording Historical Resources” March, 1995, which is incorporated by reference. The recording may also be done by a professional archaeologist or any person who has successfully completed appropriate training which is afforded or approved by the Director.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
§949.6. Protection of Sites During Timber Operations.
Note     •     History

No person, except as otherwise permitted by law, who is involved in timber operations shall excavate, collect artifacts from, vandalize or loot archaeological or historical sites located within the THP, Emergency Notice or Exemption boundary.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§949.7. Determination of Significance.
Note     •     History

(a) A determination of significance shall be made for an identified archaeological or historical site within the site survey area on a THP, or Emergency Notice by a person who satisfies the requirements specified in 14 CCR 949.4 if damaging effects from timber operations cannot be avoided.
(b) The determination of significance shall: 
(1) Be based upon criteria defined for significant archaeological or historical sites in 14 CCR 895.1
(2) Utilize any information provided by Native Americans, archaeological, historical or ethnographic data pertinent to the region and to the cultural resource, and the physical characteristics of the archaeological or historical site. 
(c) If required by subsection (a), a preliminary determination of significance shall be made by the RPF or the RPF's supervised designee and provided in the Confidential Archaeological Addendum.
(d) Where the Director determines that timber operations may cause a substantial adverse change to a significant archaeological or historical site and the RPF and the Director cannot agree upon protection measures, a professional archaeologist provided by the THP submitter shall make a survey and prepare a report on the potentially affected site or sites and the potential impacts of the proposed timber operations. The part of the report that relates to archaeological sites is confidential. This report, if it discusses impacts on Native American archaeological sites, shall be provided by the Director to Native American and the NAHC. This report shall contain recommendations for mitigation, the elimination of impacts, or for the reduction of impacts to avoid or prevent substantial adverse change to significant archaeological or historical resources. The report shall meet the standards of the Preservation Planning Bulletin, Number 4, December 1989 (Office of Historic Preservation), entitled Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. The Director shall make the final determination of significance and substantial adverse change based on advice of a professional archaeologist.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of subsections (a), (c) and (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
Subchapter 6. Southern Forest District Rules*

* Regulations adopted by Board of Forestry. 
Article 1. Introduction
§951. Statement of Purposes.
Note     •     History

The purpose of these rules is to establish district forest practice rules and to establish standards in accordance with the policies set forth in Articles 1 and 4 of the Z'berg-Nejedly Forest Practice Act of 1973 (Sections 4511-4517 and 4551-4555 incl. of the Public Resources Code). Rules promulgated herein apply only to timberlands.
NOTE

Authority cited: Sections 740, 4531 and 4551, Public Resources Code. Reference: Sections 4512, 4513, 4531 and 4551.5, Public Resources Code.
HISTORY

1. Repealer of Subchapter 6 (Sections 951-961.8 not consecutive) and new Subchapter 6 (Sections 951-961.8 not consecutive) filed 5-19-78 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20). For history of former Subchapter 6, see Registers 78, Nos. 14 and 3; 75, No. 30.
2. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47).
Article 2. Ratings and Standards
§952. Definitions.
Note     •     History

NOTE

Authority cited for Article 2 (Sections 952-952.7, not consecutive): Sections 4551, 4562, 4562.5 and 31118.5, Public Resources Code.
HISTORY

1. Amendment filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-30-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27). 
3. Amendment filed 9-9-88; operative 10-9-88 (Register 88, No. 38).
4. Amendment of “Commercial species” to include Pacific Yew filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
5. Repealer of “Lake,” “Seed Tree,” “Tractor roads and skid trails” and “Waterbreaks” filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
6. Pacific Yew under “Commercial species” repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
7. Repealer of “Commercial timberland” filed 8-7-95; operative 8-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 32).
8. Amendment of article heading, relocation of definitions in former section 952 to section 895.1 and repealer of section 952 filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§952.5. Procedure for Estimating Surface Soil Erosion Hazard Rating.
Note     •     History

A proposed plan shall show the estimated erosion hazard ratings of the plan area, by areas, down to 20 acres (8.1 ha) if such a breakdown will change the estimated erosion hazard of individual areas.
To estimate the erosion hazard rating of any plan or portion thereof, the RPF or supervised designee shall follow the procedures and requirements contained in Board Technical Rule Addendum #1, dated February 1, 1990. Appropriate weights for the factors in the Estimated Surface Soil Erosion Hazard, Form I, in the Addendum shall be calculated and the factors shall be summed to give the rating. A copy of the calculations from Form I shall be attached to the timber harvesting plan. A copy of the Board Technical Rule Addendum #1 can be obtained from the State Board of Forestry at the Resources Building, 1416 9th Street, Room 1506-14, Sacramento, CA 95814.
NOTE

Authority cited: Sections 4551 and 4562.5, Public Resources Code. Reference: Section 4562.5, Public Resources Code.
HISTORY

1. Repealer and new section filed 7-2-82; designated effective 1-1-83 (Register 82, No.27).
2. Amendment filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
3. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§952.7. Resource Conservation Standards for Minimum Stocking.
Note     •     History

The following resource conservation standards constitute minimum acceptable stocking in the Southern Forest District after timber operations have been completed.
(a) Rock outcroppings, meadows, wet areas, or other areas not normally bearing commercial species shall not be considered as requiring stocking and are exempt from such provisions.
(b) An area on which timber operations have taken place shall be classified as acceptably stocked if either of the standards set forth in (1) or (2) below are met within five (5) years after completion of timber operations unless otherwise specified in the rules.
(1) An area contains an average point count of 300 per acre on Site I, II and III lands or 150 on Site IV and V lands to be computed as follows:
(A) Each countable tree [Ref. PRC §4528(b)] which is not more 4 inches d.b.h. counts 1 point.
(B) Each countable tree over 4 inches and not more than 12 inches d.b.h. counts 3 points.
(C) Each countable tree over 12 inches d.b.h. counts 6 points.
(D) Root crown sprouts over 1 foot in height will be counted, using the average stump diameter at 1 foot above the average ground level of the original stump, counting 1 sprout for each foot of stump diameter to a maximum of 6 per stump.
(2) The average residual basal area, measured in stems 1 inch or larger in diameter, is at least 85 square feet per acre on Site I lands and 50 square feet per acre on lands of Site II classification or lower. Site classification shall be determined by the RPF who prepared the plan.
(3) To the extent basal area standards are specified in the rules in excess of 14 CCR §952.7(b)(2), up to 15 square feet of basal area of those standards higher than the minimum may be met by counting snags, and decadent or deformed trees of value to wildlife in the following sizes:
(A) 30 inches or greater dbh and 50 feet or greater in height on site I and II lands;
(B) 24 inches or greater dbh and 30 feet or greater in height on site III lands; and
(C) 20 inches or greater dbh and 20 feet or greater in height on site IV and V lands.
(c) The substitution provided for in 14 CCR §952.7(b)(3) may only be done when the potential spread of insects and diseases will not have a significantly adverse impact on long term productivity or forest health.
(d) The resource conservation standards of the rules may be met with Group A and/or B commercial species. The percentage of the stocking requirements met with Group A species shall be no less than the percentage of the stand basal area they comprised before harvesting.  The site occupancy provided by Group A species shall not be reduced relative to Group B species. When considering site occupancy, the Director shall consider the potential long term effects of relative site occupancy of Group A species versus Group B species as a result of harvest. if Group A species will likely recapture the site after harvest, Group B species do not need to be reduced. The time frames for recapturing the site shall be consistent with achieving MSP.  The Director may prohibit the use of Group A and/or B commercial species which are non-indigenous or are not physiologically suited to the area involved. Exceptions may be approved by the Director if the THP provides the following information and those exceptions are agreed to by the timberland owner:
(1) Explain and justify with clear and convincing evidence how using Group A nonindigenous, or Group B species to meet the resource conservation standards will meet the intent of the Forest Practice Act as described in PRC §4513. The discussion shall include:
(A) the management objectives of the post-harvest stand;
(B) a description of the current stand, including species composition and current stocking levels within the area of Group B species. The percentage can be measured by using point-count, basal area, stocked plot, or other method agreed to by the Director.
(C) the percentage of the post-harvest stocking to be met with Group B species. Post harvest percentages will be determined on the basis of stocked plots. Only the methods provided by 14 CCR §§1070-1075 shall be used in determining if the standards of PRC §4561 have been met.
(D) a description of what will constitute a countable tree, as defined by PRC §4528 for a Group B species and how such a tree will meet the management objectives of the post-harvest stand.
The Director, after an initial inspection pursuant to PRC §4604 shall approve use of Group B species, as exceptions to the pre-harvest basal area percentage standard, if in his judgement the intent of the Act will be met, and there will not be an immediate significant and long-term harm to the natural resources of the state.
NOTE

Authority cited: Sections 4551, 4553 and 4561.1, Public Resources Code. Reference: Sections 4561 and 4561.1, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Editorial correction of NOTE filed 12-2-82 (Register 82, No. 49).
3. Editorial correction filed 8-29-84; effective thirtieth day thereafter (Register 84, No. 35).
4. Amendment filed 9-9-88; operative 10-9-88 (Register 88, No. 38). 
5. Amendment of subsections (c)-(c)(1) filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
6. Amendment of subsection (c) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
7. Amendment of subsections (b)(1)(A)-(B), new subsection (b)(3)-(c) and subsection relettering filed 11-14-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 46).
8. Change without regulatory effect amending subsections (b)(3) and (c) filed 11-25-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 48).
§952.9. Cumulative Impacts Assessment Checklist.

STATE OF CALIFORNIA
BOARD OF FORESTRY
CUMULATIVE IMPACTS ASSESSMENT
(1) Do the assessment area(s) of resources that may be affected by the proposed project contain any past, present, or reasonably foreseeable probable future projects? 
  Yes____ No____
If the answer is yes, identify the project(s) and affected resource subject(s).
(2) Are there any continuing, significant adverse impacts from past land use activities that may add to the impacts of the proposed project?
  Yes____ No____
If the answer is yes, identify the activities, describing their location, impacts and affected resource subject(s).
(3) Will the proposed project, as presented, in combination with past, present, and reasonably foreseeable probable future projects identified in items (1) and (2) above, have a reasonable potential to cause or add to significant cumulative impacts in any of the following resource subjects?

			No reasonably
			potential
	Yes after	No after	significant
	mitigation (a)	mitigation (b)	effects (c)
1. Watershed	______	______	______
2. Soil Productivity	______	______	______
3. Biological	______	______	______
4. Recreation	______	______	______
5. Visual	______	______	______
6. Traffic	______	______	______
7. Other	______	______	______

a) Yes, means that potential significant adverse cumulative impacts are left after application of the forest practice rules and mitigations or alternatives proposed by the plan submitter.
b) No after mitigation means that any potential for the proposed timber operation to cause or add to significant adverse cumulative impacts by itself or in combination with other projects has been reduced to insignificance or avoided by mitigation measures or alternatives proposed in the THP and application of the forest practice rules.
c) No reasonably potential significant cumulative effects means that the operations proposed under the THP do not have a reasonable potential to join with the impacts of any other project to cause, add to, or constitute significant adverse cumulative impacts.
(4) If column (a) is checked in (3) above describe why the expected impacts cannot be feasibly mitigated or avoided and what mitigation measures or alternatives were considered to reach this determination. If column (b) is checked in (3) above describe what mitigation measures have been selected which will substantially reduce or avoid reasonably potential significant cumulative impacts except for those mitigation measures or alternatives mandated by application of the rules of the Board of Forestry.
(5) Provide a brief description of the assessment area used for each resource subject.
(6) List and briefly describe the individuals, organizations, and records consulted in the assessment of cumulative impacts for each resource subject. Records of the information used in the assessment shall be provided to the Director upon request.

BOARD OF FORESTRY
TECHNICAL RULE ADDENDUM NO. 2
CUMULATIVE IMPACTS ASSESSMENT
Introduction
The purpose of this addendum is to guide the assessment of cumulative impacts as required in 14 CCR 898 and 1034 that may occur as a result of proposed timber operations. This assessment shall include evaluation of both on-site and off-site interactions of proposed project activities with the impacts of past and reasonably foreseeable future projects.
In conducting an assessment, the RPF must distinguish between on-site impacts that are mitigated by application of the Forest Practice Rules and the interactions of proposed activities (which may not be significant when considered alone) with impacts of past and reasonably foreseeable future projects.
Resource subjects to be considered in the assessment of cumulative impacts are described in the Appendix.
The RPF preparing a THP shall conduct an assessment based on information that is reasonably available before submission of the THP. RPFs are expected to submit sufficient information to support their findings if significant issues are raised during the Department's review of the THP.
Information used in the assessment of cumulative impacts may be supplemented during the THP review period. Agencies participating in plan review may provide input into the cumulative impacts assessment based upon their area of expertise. Agencies should support their recommendations with documentation.
The Department, as lead agency, shall make the final determination regarding assessment sufficiency and the presence or absence of significant cumulative impacts. This determination shall be based on a review of all sources of information provided and developed during review of the Timber Harvesting Plan.
Identification of Resource Areas
The RPF shall establish and briefly describe the geographic assessment area within or surrounding the plan for each resource subject to be assessed and shall briefly explain the rationale for establishing the resource area. This shall be a narrative description and shall be shown on a map where a map adds clarity to the assessment.
Identification of Information Sources
The RPF shall list and briefly describe the individuals, organizations, and records used as sources of information in the assessment of cumulative impacts, including references for listed records and the names, affiliations, addresses, and phone numbers of specific individuals contacted. Records of information used in the assessment shall be provided to the Director upon request.
Common sources of information for cumulative effects assessment are identified below. Sources to be used will depend upon the complexity of individual situations and the amount of information available from other plans. Sources not listed below may have to be consulted based on individual circumstances. Not all sources of information need to be consulted for every THP.

1. Consultation with Experts and Organizations:

	(a) County Planning Department;	(b) Biologists;
	(c) Geologists;	(d) Soil Scientists;
	(e) Hydrologists;	(f) Federal Agencies;
	(g) State Agencies;	(h) Public and private utilities.
2. Records Examined:

	(a) Soil Maps;	(b) Geology Maps;
	(c) Aerial Photographs;	(d) Natural Diversity Data Base;
	(e) THP Records;	(f) Special Environmental Reports;
	(g) Basin Plans;	(h) Fire History Maps;
	(i) Relevant Federal
	   Agency Documents
	   or Plans
As provided in Section 898 of the rules, the RPF or supervised designee and the plan submitter must consult information sources that are reasonably available.
Past and Future Activities
Past and future projects included in the cumulative impacts assessment shall be described as follows:
A. Identify and briefly describe the location of past and reasonably foreseeable probable future projects as defined in 14 CCR §895.1 within described resource assessment areas. Include a map or maps and associated legend(s) clearly depicting the following information:
1. Township and Range numbers and Section lines.
2. Boundary of the planning watershed(s) within which the plan area is located along with the CALWATER 2.2 identification number.
3. Location and boundaries of past, present and reasonably foreseeable probable future timber harvesting projects on land owned or controlled by the timberland owner of the proposed timber harvest within the planning watershed(s) depicted in section (2) above. For purposes of this section, past projects shall be limited to those projects submitted within ten years prior to submission of the THP.
4. Silvicultural methods for each of the timber harvesting projects depicted in section (3) above. Each specific silvicultural method must be clearly delineated on the map(s), and associated THP number referenced in the legend or an annotated list. In addition, shading, hatching, or labeling shall be used which clearly differentiates silvicultural methods into one of the four categories outlined in Table 1.
5. A north arrow and scale bar (or scale text).
6. Source(s) of geographical information.
The map scale shall be large enough to clearly represent one planning watershed per page or of a scale not less than 1:63,360. Planning watersheds with densely situated or overlapping harvest units, or those which are large or irregular in size, may require multiple maps to achieve clarity. Map(s) shall be reproducible on black & white copiers, and submitted on an 8 1/2 x 11 page(s).

Table 1

Silvicultural	
Category	Silvicultural Method
Evenaged	Clearcutting, Seed Tree Seed Step, Seed Tree
Management	Removal Step, Shelterwood Preparatory Step,
14 CCR §953.1	Shelterwood Seed Step, Shelterwood Removal
	Step

Unevenaged	Selection, Group Selection, Transition
Management
14 CCR §953.2

Intermediate	Commercial Thinning, Sanitation-Salvage
Treatments
14 CCR §953.3

Special	Special Treatment Area Prescriptions,
Prescriptions and	Rehabilitation of Understocked Area
Other Management	Prescription, Fuelbreak/Defensible Space,
14 CCR §953.4	Southern Subdistrict Special Harvesting
	Method (14 CCR §913.8), Variable Retention,
	Conversion

Alternative Prescriptions shall be put into the category within which the most nearly appropriate or feasible silvicultural method in the Forest Practice Rules is found pursuant to 14 CCR §953.6(b)(3).
B. Identify and give the location and description of any known, continuing significant environmental problems caused by past projects as defined in 14 CCR §895.1. The RPF who prepares the plan or supervised designee shall obtain information from plan submitters (timberland or timber owner), and from appropriate agencies, landowners, and individuals about past, and future land management activities and shall consider past experience, if any, in the assessment area related to past impacts and the impacts of the proposed operations, rates of recovery, and land uses. A poll of adjacent land owners is encouraged and may be required by the Director to determine such activities and significant adverse environmental problems on adjacent ownerships.

Appendix

Technical Rule Addendum #2
In evaluating cumulative impacts, the RPF shall consider the factors set forth herein.
A. Watershed Resources
Cumulative Watershed Effects (CWEs) occur within and near bodies of water or significant wet areas, where individual impacts are combined to produce an effect that is greater than any of the individual impacts acting alone. Factors to consider in the evaluation of cumulative watershed impacts are listed below.
1. Impacts to watershed resources within the Watershed Assessment Area (WAA) shall be evaluated based on significant on-site and off-site cumulative effects on beneficial uses of water, as defined and listed in applicable Water Quality Control Plans.
2. Watershed effects produced by timber harvest and other activities may include one or more of the following:
° Sediment.
° Water temperature.
° Organic debris.
° Chemical contamination.
° Peak flow.
The following general guidelines shall be used when evaluating watershed impacts. The factors described are general and may not be appropriate for all situations. Actual measurements may be required if needed to evaluate significant environmental effects. The plan must comply with the quantitative or narrative water-quality objectives set forth in an applicable Water Quality Control Plan.
a. Sediment Effects
Sediment-induced CWEs occur when earth materials transported by surface or mass wasting erosion enter a stream or stream system at separate locations and are then combined at a downstream location to produce a change in water quality or channel condition. The eroded materials can originate from the same or different projects. Potentially adverse changes are most likely to occur in the following locations and situations:
- Downstream areas of reduced stream gradient where sediment from a new source may be deposited in addition to sediment derived from existing or other new sources.
- Immediately downstream from where sediment from a new source is combined with sediment from other new or existing sources and the combined amount of sediment exceeds the transport capacity of the stream.
- Any location where sediment from new sources in combination with suspended sediment from existing or other new sources significantly reduces the survival of fish or other aquatic organisms or reduces the quality of waters used for domestic, agricultural, or other beneficial uses.
- Channels with relatively steep gradients which contain accumulated sediment and debris that can be mobilized by sudden new sediment inputs, such as debris flows, resulting in debris torrents and severe channel scouring.
Potentially significant adverse impacts of cumulative sediment inputs may include:
- Increased treatment needs or reduced suitability for domestic, municipal, industrial, or agricultural water use.
- Direct mortality of fish and other aquatic species.
- Reduced viability of aquatic organisms or disruption of aquatic habitats and loss of stream productivity caused by filling of pools and plugging or burying streambed gravel.
- Accelerated channel filling (aggradation) resulting in loss of streamside vegetation and stream migration that can cause accelerated bank erosion.
- Accelerated filling of downstream reservoirs, navigable channels, water diversion and transport facilities, estuaries, and harbors.
- Channel scouring by debris flows and torrents.
- Nuisance to or reduction in water related recreational activities.
Situations where sediment production potential is greatest include:
- Sites with high or extreme erosion hazard ratings.
- Sites which are tractor logged on steep slopes.
- Unstable areas.
b. Water Temperature Effects
Water temperature related CWEs are changes in water chemistry or biological properties caused by the combination of solar warmed water from two or more locations (in contrast to an individual effect that results from impacts along a single stream segment) where natural cover has been removed. Cumulative changes in water temperature are most likely to occur in the following situations:
- Where stream bottom materials are dark in color.
- Where water is shallow and has little underflow.
- Where removal of streamside canopy results in substantial, additional solar exposure or increased contact with warm air at two or more locations along a stream.
- Where removal of streamside canopy results in substantial, additional solar exposure or increased contact with warm air at two or more streams that are tributary to a larger stream.
- Where water temperature is near a biological threshold for specific species.
Significant adverse impacts of cumulative temperature increases include:
- Increases in the metabolic rate of aquatic species.
- Direct increases in metabolic rate and/or reduction of dissolved oxygen levels, either of which can cause reduced vigor and death of sensitive fish and other sensitive aquatic organisms.
- Increased growth rates of microorganisms that deplete dissolved oxygen levels or increased disease potential for organisms.
- Stream biology shifts toward warmer water ecosystems.
c. Organic Debris Effects
CWEs produced by organic debris can occur when logs, limbs, and other organic material are introduced into a stream or lake at two or more locations. Decomposition of this debris, particularly the smaller sized and less woody material, removes dissolved oxygen from the water and can cause impacts similar to those resulting from increased water temperatures. Introduction of excessive small organic debris can also increase water acidity.
Large organic debris is an important stabilizing agent that should be maintained in small to medium size, steep gradient channels, but the sudden introduction of large, unstable volumes of bigger debris (such as logs, chunks, and larger limbs produced during a logging operation) can obstruct and divert streamflow against erodible banks, block fish migration, and may cause debris torrents during periods of high flow.
Removing streamside vegetation can reduce the natural, annual inputs of litter to the stream (after decomposition of logging- related litter.) This can cause both a drop in food supply, and resultant productivity, and a change in types of food available for organisms that normally dominate the lower food chain of streams with an overhanging or adjacent forest canopy.
d. Chemical Contamination Effects
Potential sources of chemical CWEs include run-off from roads treated with oil or other dust-retarding materials, direct application or run-off from pesticide treatments, contamination by equipment fuels and oils, and the introduction of nutrients released during slash burning or wildfire from two or more locations.
e. Peak Flow Effects
CWEs caused by management induced peak flow increases in streams during storm events are difficult to anticipate. Peak flow increases may result from management activities that reduce vegetative water use or produce openings where snow can accumulate (such as clear-cutting and site preparation) or that change the timing of flows by producing more efficient runoff routing (such as insloped roads.) These increases, however, are likely to be small relative to natural peak flows from medium and large storms. Research to date on the effects of management activities on channel conditions indicates that channel changes during storm events are primarily the result of large sediment inputs.
3. Watercourse Condition
The watershed impacts of past upstream and on-site projects are often reflected in the condition of stream channels on the project area. Following is a list of channel characteristics and factors that may be used to describe current watershed conditions and to assist in the evaluation of potential project impacts:
° Gravel Embedded - Spaces between stream gravel filled with sand or finer sediments. Gravel are often in a tightly packed arrangement.
° Pools Filled - Former pools or apparent pool areas filled with sediments leaving few areas of deep or “quiet” water relative to stream flow or size.
° Aggrading - Stream channels filled or filling with sediment that raises the channel bottom elevation. Pools will be absent or greatly diminished and gravel may be embedded or covered by finer sediments. Streamside vegetation may be partially or completely buried, and the stream may be meandering or cutting into its banks above the level of the former streambed. Depositional areas in aggrading channels are often increasing in size and number.
° Bank Cutting - Can either be minor or severe and is indicated by areas of fresh, unvegetated soil or alluvium exposed along the stream banks, usually above the low-flow channel and often with a vertical or undercut face. Severe bank cutting is often associated with channels that are downcutting, which can lead to over-steepened banks, or aggrading, which can cause the channel to migrate against slopes that were previously above the high flow level of the stream.
° Bank Mass Wasting - Channels with landslides directly entering the stream system. Slide movement may be infrequent (single events) or frequent (continuing creep or periodic events).
° Downcutting - Incised stream channels with relatively clean, uncluttered beds cut below the level of former streamside vegetation and with eroded, often undercut or vertical, banks.
° Scoured - Stream channels that have been stripped of gravel and finer bed materials by large flow events or debris torrents. Streamside vegetation has often been swept away, and the channel has a raw, eroded appearance.
° Organic Debris - Debris in the watercourse can have either a positive or negative impact depending on the amount and stability of the material. Some stable organic debris present in the watercourse helps to form pools and retard sediment transport and downcutting in small to medium sized streams with relatively steep gradients. Large accumulations of organic debris can block fish passage, block or divert streamflow, or could be released as a debris flow.
° Stream-Side Vegetation - Stream-side vegetation and near-stream vegetation provide shade or cover to the stream, which may have an impact on water temperature, and provides root systems that stabilize streambanks and floodplains and filter sediment from flood flows.
° Recent Floods - A recent high flow event that would be considered unusual in the project area may have an impact on the current watercourse condition.
B. Soil Productivity
Cumulative soil productivity impacts occur when the effects of two or more activities, from the same or different projects, combine to produce a significant decrease in soil biomass production potential. These impacts most often occur on-site within the project boundary, and the relative severity of productivity losses for a given level of impact generally increases as site quality declines.
The primary factors influencing soil productivity that can be affected by timber operations include:
° Organic matter loss.
° Surface soil loss.
° Soil compaction.
° Growing space loss.
The following general guidelines may be used when evaluating soil productivity impacts.
1. Organic Matter Loss
Displacement or loss of organic matter can result in a long term loss of soil productivity. Soil surface litter and downed woody debris are the store-house of long term soil fertility, provide for soil moisture conservation, and support soil microorganisms that are critical in the nutrient cycling and uptake process. Much of the chemical and microbial activity of the forest nutrient cycle is concentrated in the narrow zone at the soil and litter interface.
Displacement of surface organic matter occurs as a result of skidding, mechanical site preparation, and other land disturbing timber operations. Actual loss of organic matter occurs as a result of burning or erosion. The effects of organic matter loss on soil productivity may be expressed in terms of the percentage displacement or loss as a result of all project activities.
2. Surface Soil Loss
The soil is the storehouse of current and future site fertility, and the majority of nutrients are held in the upper few inches of the soil profile. Topsoil displacement or loss can have an immediate effect on site productivity, although effects may not be obvious because of reduced brush competition and lack of side-by-side comparisons or until the new stand begins to fully occupy the available growing space.
Surface soil is primarily lost by erosion or by displacement into windrows, piles, or fills. Mass wasting is a special case of erosion with obvious extreme effects on site productivity. The impacts of surface soil loss may be evaluated by estimating the proportion of the project area affected and the depth of loss or displacement.
3. Soil Compaction
Compaction affects site productivity through loss of large soil pores that transmit air and water in the soil and by restricting root penetration. The risk of compaction is associated with:
- Depth of surface litter.
- Soil organic matter content.
- Soil texture.
- Soil structure.
- Presence and amount of coarse fragments in the soil.
- Soil moisture status.
Compaction effects may be evaluated by considering the soil conditions, as listed above, at the time of harvesting activities and the proportion of the project area subjected to compacting forces.
4. Growing Space Loss
Forest growing space is lost to roads, landings, permanent skid trails, and other permanent or non-restored areas subjected to severe disturbance and compaction.
The effects of growing space loss may be evaluated by considering the overall pattern of roads, etc., relative to feasible silvicultural systems and yarding methods.
C. Biological Resources
Biological assessment areas will vary with the species being evaluated and its habitat. Factors to consider in the evaluation of cumulative biological impacts include:
1. Any known rare, threatened, or endangered species or sensitive species (as described in the Forest Practice Rules) that may be directly or indirectly affected by project activities.
Significant cumulative effects on listed species may be expected from the results of activities over time which combine to have a substantial effect on the species or on the habitat of the species.
2. Any significant, known wildlife or fisheries resource concerns within the immediate project area and the biological assessment area (e.g. loss of oaks creating forage problems for a local deer herd, species requiring special elements, sensitive species, and significant natural areas).
Significant cumulative effects may be expected where there is a substantial reduction in required habitat or the project will result in substantial interference with the movement of resident or migratory species.
The significance of cumulative impacts on non-listed species viability should be determined relative to the benefits to other non-listed species. For example, the manipulation of habitat results in conditions which discourage the presence of some species while encouraging the presence of others.
3. The aquatic and near-water habitat conditions on the THP and immediate surrounding area. Habitat conditions of major concern are:
° Pools and riffles.
° Large woody material in the stream.
° Near-water vegetation.
Much of the information needed to evaluate these factors is described in the preceding Watershed Resources section. A general discussion of their importance is given below:
a. Pools and Riffles
Pools and riffles affect overall habitat quality and fish community structure. Streams with little structural complexity offer poor habitat for fish communities as a whole, even though the channel may be stable. Structural complexity is often lower in streams with low gradients, and filling of pools can reduce stream productivity.
b. Large Woody Material
Large woody debris in the stream plays an important role in creating and maintaining habitat through the formation of pools. These pools comprise important feeding locations that provide maximum exposure to drifting food organisms in relatively quiet water. Removal of woody debris can reduce frequency and quality of pools.
c. Near-Water Vegetation
Near-water vegetation provides many habitat benefits, including: shade, nutrients, vertical diversity, migration corridors, nesting, roosting, and escape. Recruitment of large woody material is also an important element in maintaining habitat quality.
4. The biological habitat condition of the THP and immediate surrounding area. Significant factors to consider are:
° Snags/den trees
° Downed, large woody debris
° Multistory canopy
° Road density
° Hardwood cover
° Late seral (mature) forest characteristics
° Late seral habitat continuity
The following general guidelines may be used when evaluating biological habitat. The factors described are general and may not be appropriate for all situations. The THP preparer must also be alert to the need to consider factors which are not listed below. Each set of ground conditions are unique and the analysis conducted must reflect those conditions.
a. Snags/Den/Nest Trees: Snags, den trees, nest trees and their recruitment are required elements in the overall habitat needs of more than 160 wildlife species. Many of these species play a vital role in maintaining the overall health of timberlands. Snags of greatest value are > 16" DBH and 20 feet in height. The degree of snag recruitment over time should be considered. Den trees are partially live trees with elements of decay which provide wildlife habitat. Nest trees have importance to birds classified as a sensitive species.
b. Downed large, woody debris: Large downed logs (particularly conifers) in the upland and near-water environment in all stages of decomposition provide an important habitat for many wildlife species. Large woody debris of greatest value consists of downed logs > 16" diameter at the large end and > 20 feet in length.
c. Multistory canopy: Upland multistoried canopies have a marked influence on the diversity and density of wildlife species utilizing the area. More productive timberland is generally of greater value and timber site capability should be considered as a factor in an assessment. The amount of upland multistoried canopy may be evaluated by estimating the percent of the stand composed of two or more tree layers on an average per acre basis.
Near-water multistoried canopies in riparian zones that include conifer and hardwood tree species provide an important element of structural diversity to the habitat requirements of wildlife. Near-water multistoried canopy may be evaluated by estimating the percentage of ground covered by one or more vegetative canopy strata, with more emphasis placed on shrub species along Class III and IV streams (14 CCR 916.5, 936.5, 956.5).
d. Road Density: Frequently traveled permanent and secondary roads have a significant influence on wildlife use of otherwise suitable habitat. Large declines in deer and bear use of areas adjacent to open roads are frequently noted. Road density influence on large mammal habitat may be evaluated by estimating the miles of open permanent and temporary roads, on a per-section basis, that receive some level of maintenance and are open to the public. This assessment should also account for the effects of vegetation screening and the relative importance of an area to wildlife on a seasonal basis (e.g. winter range).
e. Hardwood Cover: Hardwoods provide an important element of habitat diversity in the coniferous forest and are utilized as a source of food and/or cover by a large proportion of the state's bird and mammal species. Productivity of deer and other species has been directly related to mast crops. Hardwood cover can be estimated using the basal area per acre provided by hardwoods of all species.
Post-harvest deciduous oak retention for the maintenance of habitats for mule deer and other hardwood-associated wildlife shall be guided by the Joint Policy on Hardwoods between the California Board of Forestry and California Fish and Game Commission (5/9/94). To sustain wildlife, a diversity of stand structural and seral conditions, and tree size and age classes of deciduous oaks should be retained in proportions that are ecologically sustainable. Regeneration and recruitment of young deciduous oaks should be sufficient over time to replace mortality of older trees. Deciduous oaks should be present in sufficient quality and quantity, and in appropriate locations to provide functional habitat elements for hardwood-associated wildlife.
f. Late Seral (Mature) Forest Characteristics: Determination of the presence or absence of mature and over-mature forest stands and their structural characteristics provides a basis from which to begin an assessment of the influence of management on associated wildlife. These characteristics include large trees as part of a multilayered canopy and the presence of large numbers of snags and downed logs that contribute to an increased level of stand decadence. Late seral stage forest amount may be evaluated by estimating the percentage of the land base within the project and the biological assessment area occupied by areas conforming to the following definitions:
Forests not previously harvested should be at least 80 acres in size to maintain the effects of edge. This acreage is variable based on the degree of similarity in surrounding areas. The area should include a multi-layered canopy, two or more tree species with several large coniferous trees per acre (smaller subdominant trees may be either conifers or hardwoods), large conifer snags, and an abundance of large woody debris.
Previously harvested forests are in many possible stages of succession and may include remnant patches of late seral stage forest which generally conform to the definition of unharvested forests but do not meet the acreage criteria.
g. Late Seral Habitat Continuity: Projects containing areas meeting the definitions for late seral stage characteristics must be evaluated for late seral habitat continuity. The fragmentation and resultant isolation of late seral habitat types is one of the most significant factors influencing the sustainability of wildlife populations not adapted to edge environments.
This fragmentation may be evaluated by estimating the amount of the on-site project and the biological assessment area occupied by late seral stands greater than 80 acres in size (considering the mitigating influence of adjacent and similar habitat, if applicable) and less than one mile apart or connected by a corridor of similar habitat.
h. Special Habitat Elements: The loss of a key habitat element may have a profound effect on a species even though the habitat is otherwise suitable. Each species may have several key limiting factors to consider. For example, a special need for some large raptors is large decadent trees/snags with broken tops or other features. Deer may have habitat with adequate food and cover to support a healthy population size and composition but dependent on a few critical meadows suitable for fawning success. These and other key elements may need special protection.
D. Recreational Resources: The recreational assessment area is generally the area that includes the logging area plus 300 feet.
To assess recreational cumulative impacts:
1. Identify the recreational activities involving significant numbers of people in and within 300 feet of logging area (e.g., fishing, hunting, hiking, picnicking, camping).
2. Identify any recreational Special Treatment Areas described in the Board of Forestry rules on the plan area or contiguous to the area.
E. Visual Resources: The visual assessment area is generally the logging area that is readily visible to significant numbers of people who are no further than three miles from the timber operation. To assess visual cumulative effects:
1. Identify any Special Treatment Areas designated as such by the Board of Forestry because of their visual values.
2. Determine how far the proposed timber operation is from the nearest point that significant numbers of people can view the timber operation. At distances of greater than 3 miles from viewing points, activities are not easily discernible and will be less significant.
3. Identify the manner in which the public identified in 1 and 2 above will view the proposed timber operation (from a vehicle on a public road, from a stationary public viewing point or from a pedestrian pathway).
F. Vehicular Traffic Impacts: The traffic assessment area involves the first roads not part of the logging area on which logging traffic must travel. To assess traffic cumulative effects:
1. Identify whether any publicly owned roads will be used for the transport of wood products.
2. Identify any public roads that have not been used recently for the transport of wood products and will be used to transport wood products from the proposed timber harvest.
3. Identify any public roads that have existing traffic or maintenance problems.
4. Identify how the logging vehicles used in the timber operation will change the amount of traffic on public roads, especially during heavy traffic conditions.
NOTE

Authority cited: Sections 4551, 4551.9 and 21080.5, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4551.9, 4582.6, 21000(g), 21002 and 21080.5, Public Resources Code; Natural Resources Defense Council, Inc. v. Arcata Nat. Corp. (1976) 59 Cal.App.3d 959; 131 Cal.Rptr. 172; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.
HISTORY

1. New section, Technical Rule Addendum #2, and Appendix filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
2. Editorial correction (Register 97, No. 48).
3. Amendment of section and Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment filed 12-2-99; operative 1-1-2000 pursuant to Government Code section 11343.4(a) and Public Resources Code section 4554.5 (Register 99, No. 49).  
5. Amendment of appendix technical rule addendum #2, paragraph c.4.e. filed 11-18-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5  (Register 2002, No. 47).
6. Amendment filed 10-28-2004; operative 1-1-2005 (Register 2004, No. 44).
§952.10. Pacific Yew.
Note     •     History

HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
Article 3. Silvicultural Methods
§953. Silvicultural Objectives.
Note     •     History

The objectives of this article are to describe standard silvicultural systems and to provide for alternatives that when applied shall meet the objectives of the FPA (PRC 4512 and 4513).  The RPF shall select systems and alternatives which provide for maximum sustained production of high quality timber products.
The THP shall designate one or a combination of regeneration methods, prescriptions or intermediate treatments described by this article. If a method, prescription or treatment not defined in the rules (see 14 CCR 895.1), is to be used an alternative prescription shall be included in the plan.
The assessment of maximum sustained production of high quality timber products is guided by:
(a). Regeneration methods, intermediate treatments and prescriptions described in the rules which establish standards.  These methods, treatments, prescriptions, and standards shall not be utilized to permit harvesting of growing stock in a manner that will significantly delay reaching or maintaining maximum sustained production.
(b). Published yield tables or other tools which can be validated and which serve as a point of reference for evaluating and selecting silvicultural systems and their implementation.
(c). The Sustained Yield Plan.  The SYP establishes the flow of forest products from managed timberlands, and shall demonstrate the achievement of maximum sustained production.
(d) An assessment of maximum sustained production of high quality timber products is not required for a harvest designated as, and meeting the definition of fuelbreak/defensible space under 14 CCR 913.4 [933.4, 953.4] Special Prescriptions. Because these lands are designated as defensible space areas, the wood production potential of these lands is compatible with the lowest site classifications and they shall be considered site IV timberland for stocking purposes.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4552 and 4561, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). 
3. Amendment of section heading and section filed 1-7-94; operative 3-1-94 (Register 94, No. 1). 
4. Amendment filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
5. New subsection (d) filed 11-19-97; operative 1-1-98 (Register 97, No. 47).
§953.1. Regeneration Methods Used in Evenaged Management.
Note     •     History

The following types of regeneration methods are designed to replace a harvestable stand with well spaced growing trees of commercial species.  Evenaged management systems shall be applied with the limitations described by this rule:
(a) Timber stands harvested under an evenaged regeneration method shall meet the following standards:
(1) Where a regeneration step harvest of evenaged management will occur on stands younger than 50 years of age for Class I lands, 60 years of age for Class II and III lands, or 80 years of age for Class IV and V lands, or equivalent age of trees, based on height, as determined according to the appropriate site class, the RPF preparing the THP or SYP must demonstrate how the proposed harvest will achieve MSP pursuant to 14 CCR §953.11(a) or (b); provided, however, that the Director may grant an exemption from this section, based upon hardship.
(2) The regeneration harvest of evenaged management shall be limited to 20 acres for tractor yarding. 
Aerial or cable yarding may be 30 acres.  Tractor yarding may be increased to 30 acres where the EHR is low and the slopes are <30%.  The RPF may propose increasing these acreage limits to a maximum of 40 acres, and the Director may agree where measures  contained in the THP provide substantial evidence that the increased acreage limit does any one of the following:
(A) by using additional on-site mitigation measures, reduce the overall detrimental effects of erosion thereby providing better protection of soil, water, fish and/or wildlife resources; or 
(B) provide for the inclusion of “long corners”, or;
(C) create a more natural logging unit by taking maximum advantage of the topography; or
(D) will increase long-term sustained yield, or;
(E) provide feasible off-site mitigation measures that can be incorporated in the plan to restore or enhance previously impacted resource areas or other environmental enhancements that will result in demonstrable net environmental benefits within the planning watershed.  These measures may include, but are not limited to, watercourse restoration, soil stabilization, road surface stabilization, road outsloping, road abandonment, road reconstruction, enhancement of wildlife habitats and vegetation management.
To qualify for an exemption, the plan submitter is not required to demonstrate that the other feasible options are not available.
(3) Evenaged regeneration units within an ownership shall be separated by a logical logging unit that is at least as large as the area being harvested or 20 acres, whichever is less, and shall be separated by at least 300 feet in all directions.
(4) Within ownership boundaries, no logical logging unit contiguous to an evenaged management unit may be harvested using an evenaged regeneration method unless the following are met:
(A) The prior evenaged regeneration unit has an approved report of stocking, and the dominant and codominant trees average at least five feet tall or are at least five years of age from the time of establishment on the site, either by the planting or by natural regeneration.  If these standards are to be met with trees that were present at the time of the harvest, there shall be an interval of not less than five years following the completion of operations before adjacent evenaged management may occur.
(5) Except for the clearcut method, all trees to be harvested or all trees to be retained shall be marked by, or under the supervision of, an RPF prior to felling operations.  A sample area shall be marked prior to a preharvest inspection.  The sample area shall include at least 10% of the harvest area up to a maximum of 20 acres per stand type, and must be representative of the range of conditions present in the area.  The marking requirement may be waived by the Director if the trees to be harvested are easily distinguished from the trees to be retained, when explained and justified by the RPF in the plan.
(6) Special consideration for aesthetic enjoyment shall be given to selection of silvicultural treatments and timber operations within 200 feet of the edge of the traveled surface of any permanent road maintained by the County or the State.
(7) Special consideration for aesthetic enjoyment and protection of adjacent stand vigor shall be given to the selection of silvicultural methods and timber operations within 200 feet of adjacent non-federal lands not zoned TPZ.
(b) Clearcutting. The clearcutting regeneration method involves the removal of a stand in one harvest.  Regeneration after harvesting shall be obtained by direct seeding, planting, sprouting, or by natural seed fall.  When practical, clearcuts shall be irregularly shaped and variable in size in order to mimic natural patterns and features found in landscapes.  Site preparation and slash disposal measures, if necessary for successful regeneration, shall be described in the plan.
(c) Seed Tree.  The seed tree regeneration method involves the removal of a stand in one harvest except for well distributed seed trees of desired species which are left singly or in groups to restock the harvested area.  The seed step is utilized to promote natural reproduction from seed and to initiate the establishment of an evenaged stand.  The removal step may be utilized to remove the seed trees after a fully stocked stand of reproduction has become established.
(1) Seed Tree Seed Step.
The seed tree seed step is the regeneration step and shall meet the following requirements:
(A) Retention of at least the following basal area of seed trees per acre which are 18 inches dbh or greater:
1. Fifteen square feet basal area on site I, II and III lands and
2. Twelve square feet basal area on site IV and V lands.
The seed trees must be of full crown, capable of seed production and representative of the best phenotypes available in the preharvest stand.
(B) No point within the logged area shall be more than 150 feet from a seed tree.
(C) Seed tree species and site preparation measures shall be specified in the plan by the RPF.
(D) Seed trees shall be marked by or under the supervision of an RPF prior to felling operations.
(E) If natural regeneration is inadequate within two years after the first August following completion of timber operations, seed trees may be harvested and artificial regeneration shall be used to meet the requirements of 14 CCR §952.7(b)(1).  
(F) In the absence of a Sustained Yield Plan, to maintain and improve tree species diversity, genetic material and seed production, trees of each native commercial species where present at the time of harvest shall be retained after harvest.  These leave trees shall be representative of the best phenotypes available in the preharvest stand.  The RPF may propose and the Director may agree to a species specific plan in the THP which protects existing regeneration or provides for regeneration in-lieu of retaining trees.
(2) Seed Tree Removal Step.
Not more than 15 predominant trees per acre may be removed in the seed tree removal step.  Not more than 50 sq. ft. of basal area of predominant trees per acre may be removed in the seed tree removal step.  The seed tree removal step may be utilized when the regeneration present exceeds the minimum stocking requirements set forth in 14 CCR §952.7(b)(1). Regeneration shall not be harvested under the seed tree method unless the trees are dead, dying or diseased or substantially damaged during timber operations. The minimum stocking standards of 14 CCR §952.7(b)(1) shall be met immediately upon completion of operations. The seed tree removal step shall only be used once in the life of the stand unless otherwise agreed to by the Director.  If the extent and intensity of the soil and vegetation disturbance caused by the harvest is similar to what would have been caused by a clearcut, the size limitations, separation (spacing) by logical logging unit requirements, and yarding equipment limitations of 14 CCR §953.1(a) are applicable.
(d) Shelterwood. The shelterwood regeneration method reproduces a stand via a series of harvests (preparatory, seed, and removal).  The preparatory step is utilized to improve the crown development, seed production capacity and wind formness of designated seed trees.  The seed step is utilized to promote natural reproduction from seed.  The removal step is utilized when a fully stocked stand of reproduction has become established, and this step includes the removal of the protective overstory trees.  
The shelterwood regeneration method is normally utilized when some shade canopy is considered desirable for the establishment of regeneration.
(1) Shelterwood Preparatory Step.  The shelterwood preparatory step shall meet the following minimum standards:
(A) At least the following basal area of seed trees per acre which are 18 inches dbh or greater shall be retained.
1. Thirty square feet basal area on site I, II and III lands and
2. Twenty four square feet basal area on site IV and V lands.
The seed trees must be of full crown, capable of seed production and representative of the best phenotypes available in the preharvest stand.
(B) No point within the logged area shall be more than 100 feet from a seed tree.
(C) Seed tree species shall be specified in the plan by the RPF.
(D) At least 100 square feet of basal area per acre on Site I lands, and 75 square feet of basal area per acre on Site II and III lands and 50 sq. ft. of basal area per acre on site IV and V lands shall be retained.
(E) The minimum stocking standards of 952.7(b)(1) shall be met immediately upon completion of operations. Within six months following completion of work described in the plan, a report of stocking shall be filed as stated in PRC §4587.
(2) Shelterwood Seed Step. The shelterwood seed step is the regeneration step and shall meet the following standards:
(A) At least the following basal area of seed trees per acre which are 18 inches dbh or greater shall be retained. 
1. Thirty square feet basal area on site I, II and III lands and
2. Twenty four square feet basal area on site IV and V lands.
The seed trees must be of full crown, capable of seed production and representative of the best phenotypes available in the preharvest stand.
(B) No point within the logged area shall be more than 100 feet from a seed tree.
(C) Seed tree species and site preparation measures shall be specified in the plan by the RPF.
(D) Seed trees shall be marked by or under the supervision of an RPF prior to felling operations.
(E) If natural regeneration is inadequate within two years after the first August following completion of timber operations, seed trees may be harvested and artificial regeneration shall be used to meet the requirements of 14 CCR §952.7(b)(1).
(F) In the absence of a Sustained Yield Plan, to maintain and improve tree species diversity, genetic material and seed production, trees of each native commercial species where present at the time of harvest shall be retained after harvest.  These leave trees shall be representative of the best phenotypes available in the preharvest stand. 
The RPF may propose and the Director may agree to a species specific plan in the THP which protects existing regeneration or provides for regeneration in-lieu of retaining trees.
(3) Shelterwood Removal Step. The shelterwood removal step may be utilized when the regeneration present exceeds the minimum stocking requirements set forth in 14 CCR §952.7(b)(1). Unless otherwise agreed to by the Director, the Shelterwood removal shall only be used once in the life of the stand.  Regeneration shall not be harvested during the shelterwood removal step unless the trees are dead, dying or diseased or substantially damaged by timber operations.  The minimum stocking standards of 14 CCR §952.7(b)(1) shall be met immediately upon completion of operations. 
If the extent and intensity of the ground disturbance caused by the harvest is essentially the same as would have been caused by a clearcut or will cause adverse cumulative effects on wildlife as determined by the RPF or Director the size limitations, and separation (spacing) by logical logging unit requirements, of 14 CCR §953.1(a) are applicable unless the post-harvest stand, regardless of average diameter, meets the stocking standards of 14 CCR §953.3(a)(1)(A) or (B).
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561, 4582(h) and 4587, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
3. Change without regulatory effect filed 5-24-89 (Register 89, No. 23).
4. Editorial correction of subsection (b)(2) (Register 91, No. 28).
5. Amendment of section heading and section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
6. Repealer of emergency amendments filed 11-25-91 and reinstatement of  prior text filed 9-22-92 by operation of Government Code section 11346.1(f) (Register 92, No. 40).
7. Amendment filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
8. Amendment of subsections (a)(1)-(2)(A), (a)(4)(A) and (d)(3) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
9. Amendment of subsection (a)(4)(A) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
10. Editorial correction of subsection (a)(4)(A) and restoring text inadvertently deleted from last paragraph (Register 96, No. 50).
11. Amendment of subsections (a)(5), (c)(1)(D) and (d)(2)(D) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
12. Editorial correction deleting last sentence (Register 99, No. 26).
13. Amendment filed 11-14-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 46).
§953.1.5. Regeneration Methods Used in Even-Aged Management and Limitations. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4553, 4561, and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4561 and 4582(h), Public Resources Code. 
HISTORY

1. New section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer of emergency adoption filed 11-25-91 by operation of Government Code section 11346.1(g) (Register 92, No. 40).
§953.2. Regeneration Methods Used in Unevenaged Management.
Note     •     History

Unevenaged management is utilized to establish and maintain an unevenaged stand structure. Unevenaged management attributes include the establishment and/or maintenance of a multi-aged, balanced stand structure, promotion of growth on leave trees throughout a broad range of diameter classes, and encouragement of natural reproduction.
(a) Selection. Under the selection regeneration method the trees are removed individually or in small groups sized from .25 acres to 2.5 acres.
(1) Trees to be harvested or trees to be retained shall be marked by or under the supervision of the RPF prior to felling operations. When openings greater than .25 acres will be created, the boundaries of the small group(s) may be designated in lieu of marking individual trees within the small group areas. A sample area must be marked prior to a preharvest inspection for evaluation. The sample area shall include at least 10% of the harvest area up to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area.
(2) Post harvest stand stocking levels shall be stated in the THP. The level of residual stocking shall be consistent with maximum sustained production of high quality timber products. In no cases shall stocking be reduced below the following standards:
(A) Selection System.
1. On Site I lands at least 100 square feet per acre of  basal area shall be retained.
2. On Site II and III lands at least 75 square feet per acre of basal area shall be retained.
3. On Site IV and V lands at least 50 square feet per acre of basal area shall be retained.
4. Unless the plan submitter demonstrates how the proposed harvest will achieve MSP pursuant to 14 CCR §953.11(a) or (b), the residual stand shall contain sufficient trees to meet at least the basal area, size, and phenotypic quality of tree requirement specified under the seed tree method.
(B) Group Selection.
1. At least 80% of the stocked plots must meet the Basal Area standards of 14 CCR §953.2(a)(2)(A).
2. Not more than 20% of the stocked plots may meet stocking standards utilizing the 300 point count standard with trees that are at least 10 (ten) years old.
3. An RPF or supervised designee may offset up to 8 plots per 40 plots where those plot centers are initially placed within small group clearings created during the current harvest. Unless substantially damaged by fire, the RPF or supervised designee shall not exclude small group clearings created by previous timber harvesting from the stocking survey.
4. Unless the plan submitter demonstrates how the proposed harvest will achieve MSP pursuant to 14 CCR §953.11(a) or (b), the residual stand shall contain sufficient trees to meet at least the basal area, size, and phenotypic quality of tree requirement specified under the seed tree method.
(3) Within any THP, small group clearings under the selection method shall be separated by a logical logging area.
(4) Following completion of timber operations (including site preparation) not more than 20 percent of the THP area harvested by this method shall be covered by small group clearings.
(5) Exceptions to stocking standards in 14 CCR §953.2(a)(2) above may be granted only when proposed by the RPF and explained and justified in the plan, but in no case will the exceptions be less than those specified in 14 CCR §952.7(b)(2). Exceptions may only be granted when the RPF clearly demonstrates that the existing stand will grow substantially less than both the potential site productive capacity and the proposed post harvest stand.
(b) Transition. The transition method may be used to develop an unevenaged stand from a stand that currently has an unbalanced irregular or evenaged structure. The transition method involves the removal of trees individually or in small groups from irregular or evenaged stands to create a balanced stand structure and to obtain natural reproduction.
(1) Area for determination of preharvest seed tree retention levels shall be no greater than 20 acres in size.
(2) This method is to be used to increase stocking and improve the balance of age classes so as to allow the residual stand to be managed by the selection regeneration method. This method shall not be used more than two times for a stand. The RPF shall delineate areas previously treated by the transition method on the plan map.
(3) Stands suitable for the transition method contain adequate quantity and quality of seed producing trees to provide adequate regeneration for new age classes. Stands suitable for this method shall have no more than 50 sq. ft. of basal area greater than the selection basal area standards.
(4) Trees to be harvested or trees to be retained shall be marked by or under the supervision of a RPF before felling operations. A sample area must be marked before the preharvest inspection for evaluation. The sample  area shall include at least 10% of the harvest area up to a maximum of 20 acres per stand type which is representative of the range of conditions present.
(5) Immediately following the completion of timber operations, the minimum basal area standards in 14 CCR §952.7(b)(2) shall be met.
(6) The post harvested residual stand shall contain at least 15 square feet of basal area per acre of seed trees at least 12 inches dbh or greater for timber sites I, II or III; or 12 square feet of basal area per acre of seed trees 12 inches dbh or greater for timber sites IV or V. Unless obviously stocked, these basal area requirements will be determined from sampling averaged across each harvested area required in 14 CCR § 953.2(b)(1). Unless the plan submitter demonstrates how the proposed harvest will achieve MSP pursuant to 14 CCR § 953.11(a) or (b), where present in the preharvest stand, disease free, undamaged seed trees 18 inches dbh or greater shall be retained post harvest until the stand exceeds the minimum seed tree requirements of 14 CCR § 953.1(c)(1)(A). The seed trees shall be full crown, capable of seed production and representative of the best phenotypes available in the present stand.
(7) Following completion of timber operations (including site preparation) not more than 20 percent of the Plan area harvested by this method shall be occupied by small group clearings.
(8) The Plan Submitter must provide the Director sufficient information such as growth and stand description to demonstrate that the standards of the selection regeneration method will be met by the third and subsequent entries of Plan areas harvested by the transition method.
(c) Within six months following completion of timber operations conducted pursuant to the selection and transition methods as described in the plan, a report of stocking shall be filed as stated in PRC Section 4587.
(d) In the absence of a Sustained Yield Plan, to maintain and improve tree species diversity, genetic material, and seed production, trees of each native commercial species where present at the time of harvest shall be retained after harvest. These leave trees shall be representative of the best phenotypes available in the preharvest stand. The RPF may propose and the Director may agree to a species specific plan in the THP which protects existing regeneration or provides for regeneration in-lieu of retaining trees.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561, 4582(h) and 4587, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
3. Change without regulatory effect of subsection (c) filed 5-24-89 (Register 89, No. 23).
4. Editorial correction of subsection (c) (Register 91, No. 28).
5. Amendment of section heading and section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
6. Amendment of subsections (a)(2)(A)4, (a)(2)(B)2 and 4 and (b)(5) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
7. Amendment of subsections (a)(2)(B)3. and (b)(3) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
8. Editorial correction of subsection (a)(2)(B)3. (Register 97, No. 48).
9. Amendment filed 11-14-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 46).
10. New subsection (b)(1), subsection renumbering, amendment of newly designated subsections (b)(2)-(7), repealer of former subsections (b)(7)-(b)(7)(A), redesignation and amendment of former subsection (b)(7)(B) as new subsection (b)(8) and amendment of Note filed 11-16-2005; operative 1-1-2006 (Register 2005, No. 46).
§953.2.5. Even-Aged Size Limits. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4553 and 4561, Public Resources Code. Reference: Sections 4512, 4513, 4561, 4582(h) and 21001, Public Resources Code. 
HISTORY

1. New section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer of emergency adoption filed 11-25-91 by operation of Government Code section 11346.1(g) (Register 92, No. 40).
§953.3. Intermediate Treatments.
Note     •     History

(a) Commercial Thinning. Commercial thinning is the removal of trees in a young-growth stand to maintain or increase average stand diameter of the residual crop trees, promote timber growth, and/or improve forest health. The residual stand shall consist primarily of healthy and vigorous dominant and codominant trees from the preharvest stand.
(1) Post harvest stand stocking levels shall be stated in the THP. The level of residual stocking shall be consistent with maximum sustained production of high quality timber products. Generally stands will develop stand structures with considerably higher levels of basal area than provided in these minimum standards as stand age increases. In no case shall stocking be reduced below the following standards:
(A) Where the preharvest dominant and codominant crown canopy is occupied primarily by trees greater than 14 inches DBH:
1. On Site I mixed conifer lands at least 125 sq.ft. per acre of basal area shall be left, and on Site I land where greater than 50% of the basal area is pine, at least 100 square feet per acre of basal area shall be left.
2. On Site II mixed conifer lands at least 100 sq.ft. per acre of basal area shall be left, and on Site II lands where greater than 50% of the basal area is pine, at least 75 square feet per acre of basal are shall be left.
3. On Site III mixed conifer lands at least 75 sq.ft. per acre of basal area shall be left, and on Site III lands where greater than 50% of the basal area is pine, at least 75 square feet per acre of basal area shall be left.
4. On Site IV and V mixed conifer lands, at least 50 sq.ft. per acre of basal area shall be left, and on Site IV and V lands where greater than 50% of the basal area is pine at least 50 square feet per acre of basal area shall be left.
(B) Where the preharvest dominant and codominant crown canopy is occupied primarily by trees less than 14 inches DBH, a minimum of 100 trees per acre over 4 inches DBH shall be retained for site I, II and III. For site IV and V 75 trees per acre over 4 inches DBH shall be retained.
(2) Exceptions to these stocking standards may be proposed by the RPF when explained and justified in the plan, but in no case will the standards be below those specified in 14 CCR 952.7(b)(2).
(3) For stands harvested in compliance with 14 CCR 953.3(a)(1)(A), the trees to be harvested or the trees to be retained shall be marked by or under the supervision of an RPF prior to felling operations. For all thinning proposals, a sample area must be marked prior to a preharvest inspection for evaluation. The sample area shall include at least 10% of the thinning area up to a maximum of 20 acres which is representative of the range of conditions present in the area. The Director may waive the marking requirements for the remainder of the THP area when explained and justified in the THP.
(4) Within six months following completion of timber operations as described in the plan, a report of stocking shall be filed as stated in PRC Section 4587.
(b) Sanitation-Salvage. Sanitation is the removal of insect-attacked or diseased trees in order to maintain or improve the health of the stand. Salvage is the removal of only those trees which are dead, dying or deteriorating, because of damage from fire, wind, insects, disease, flood or other injurious agents. Salvage provides for the economic recovery of trees prior to a total loss of their wood product value. Sanitation and salvage may be combined into a single operation. The following requirements apply to the use of the sanitation-salvage treatment:
(1) The RPF shall estimate in the THP the expected level of stocking to be retained upon completion of operations.
(2) Immediately upon completion of operations, the area shall meet the stocking standards of 14 CCR 952.7(b) unless explained and justified in the plan. If stocking is to be met immediately following completion of operations, a report of stocking shall be filed within 6 months of completion. If this standard cannot met, the area must be planted during the first planting season following completion of operations and the minimum stocking standards of 14 CCR 952.7(b)(1) must be met within 5 years following completion of operations.
(3) Trees to be harvested or trees to be retained shall be marked by or under the supervision of an RPF prior to felling operations. When openings greater than .25 acres will be created, the boundaries of the small group(s) may be designated in lieu of marking individual trees within the small group areas. A sample area must be marked prior to a preharvest inspection for evaluation. The sample area shall include at least 10% of the area, up to a maximum of 20 acres per stand type, whichever is less, which is representative of the range of conditions present in the area. The director may waive the marking requirement for the remainder of the THP area when explained and justified in the THP.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4582(d), (h) and 4587, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
3. New subsection (c) filed 1-23-85; effective thirtieth day thereafter (Register 85, No. 4).
4. Change without regulatory effect filed 5-24-89 (Register 89, No. 23).
5. Editorial correction of subsections (a)(2) and (c)(2)(B) (Register 91, No. 28).
6. Amendment filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
7. Editorial correction of subsection (b)(2) (Register 96, No. 50).
8. Amendment of subsections (a)(3) and (b)(3) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§953.4. Special Prescriptions.
Note     •     History

The following special harvesting methods are appropriate under certain conditions:
(a) Special Treatment Area Prescriptions. Special consideration in Special Treatment Areas shall be given to selection of a regeneration method or intermediate treatment compatible with the objectives for which the special area was established. Such areas shall be identified in the plan. To assure the integrity of legally designated historical and archaeological sites and legally designated ecological reserves, and that the objectives of the special treatment areas are met, the RPF and the Director may agree, after on-the-ground inspection, if requested by either party, on specific silvicultural and logging practices to protect such areas. The Director shall notify affected agencies or groups with expertise in the resource involved in the special treatment area of any such areas located during the THP review process.
(b) Rehabilitation for Understocked Area Prescription. Rehabilitation is a procedure for restoring and enhancing the productivity of commercial timberlands which do not meet the stocking standards in 14 CCR 952.7, prior to any timber operations. On such lands an area may be harvested provided it is restocked in accordance with Subsections (1) or (2). To facilitate restocking, a regeneration plan must be included in the THP. The regeneration plan shall include site preparation, method of regeneration and other information appropriate to evaluate the plan.
(1) If the area meets the standards of 14 CCR 952.7 within five years of completion of timber operations, the area shall be considered acceptably stocked, or shall be considered acceptably stocked if it contains at least 10 planted countable trees for each tree harvested on sites I, II, and III, and 5 planted countable trees for each tree harvested on site IV and V.
(2) On understocked timber lands where no countable conifer trees are to be harvested and the broadleaf species are not designated for management, the area shall be planted to equal or exceed the stocking standards of 14 CCR 952.7(b)(1) and shall be considered acceptably stocked if within five years of completion of timber operations it contains at least an average point count of 150 of Group A species on all site classifications.
(c) Fuelbreak/Defensible Space. Where some trees and other vegetation and fuels are removed to create a shaded fuel break or defensible space in an area to reduce the potential for wildfires and the damage they might cause. Minimum stocking standards within the timber operating area shall be met immediately after harvest and shall be those found in 14 CCR 952.7. The RPF shall describe in the plan specific vegetation and fuels treatment, including timing, to reduce fuels to meet the objectives of the Community Fuelbreak area.
(d) Variable Retention. Variable retention is an approach to harvesting based on the retention of structural elements or biological legacies (trees, snags, logs, etc.) from the pre-harvest stand for integration into the post-harvest stand to achieve various ecological, social and geomorphic objectives. The major variables in the variable retention harvest system are retention types, densities, and spatial arrangement of retained structures; aggregated retention is the retention of structures or biological legacies as intact forest patches within the harvest unit; dispersed retention is the retention of structures or biological legacies in a dispersed or uniform pattern. Retained trees may be intended to become part of future stands managed by the Selection regeneration method. Retained trees are often designated as decadent tree or snag recruitment hence not ever intended for harvest. Regeneration after harvest outside of aggregated retention patches may be obtained by direct seeding, planting, sprouting, or by natural seedfall. 
(1) In the plan, the RPF shall describe in sufficient detail to provide for review and evaluation: the trees and elements retained, the objectives intended to be achieved by retention, the distribution and quantity of retained trees, the intended time period of retention, and any potential future conditions or events the RPF believes would allow harvest of retained trees. The RPF may explain and justify, and the Director may approve a plan which indicates up to 50% of retained trees are intended for harvest during future Intermediate Treatments of the regenerated portion of the harvest area where such harvest(s) are consistent with stated Variable Retention objectives. 
(2) The retention standards for Dispersed Retention shall be measured in average basal area per acre. Where retention is aggregated in groups (greater than or equal to one-tenth acre), percentage of harvest unit area shall be the standard. Sum of all areas within groups divided by harvest unit acres will be used to determine percentage of aggregated retention in the harvest unit. Area and trees located within any standard width WLPZ will be excluded from calculating retention. 
(3) The following retention standards shall be met: 
(A) Minimum dispersed Variable Retention standard is 20 percent of the Resource Conservation Standards basal area levels stated in 14 CCR § 952.7(b) (2), 10 percent of harvest area in aggregated retention or combinations thereof. Variable Retention harvests at the minimum retention level shall be limited to 30 acres. 
(B) Table 1 shall be used for Determining the Maximum Size Harvest Area for Variable Retention. For areas with a combination of dispersed and aggregated retention types for determination of permissible unit size, the percentage of basal area in dispersed retention portions of the combination area may be reduced proportionately to the area in aggregated retention indicated in Table 1. 

Table 1 

	Dispersed Retention	Aggregated 	Maximum Size
		Retention 	 Harvest Area

>20% of 952.7(b)(2)	 >10% Area	30 Acres

>30% of 952.7(b)(2)	>15% Area	40 Acres

>35% of 952.7(b)(2)  	>20% Area	60 Acres

>45% of 952.7(b)(2)	>25% Area	80 Acres

>55% of 952.7(b)(2)	>30% Area	120 Acres

>75% of 952.7(b)(2)	>40% Area	200 Acres 

(C) Aggregated retention areas that conform to the definition of Late Succession Forest Stands under 14 CCR § 895.1, with the exception of the minimum 20 acre threshold size, may be counted as contributing 1.5 times the acres they actually occupy toward providing retention. 
(D) Retention trees classified as Dunning's Class 3, 4, 5, or 7 which exceed the size standards of 14 CCR § 952.7 may be counted as contributing 1.5 times their actual basal area toward providing retention. 
(E) Retention standards shall be met on each 20-acre maximum area(s) within each harvest unit. Retention standards may be met by either dispersed, aggregated or a combination of the two types of retention. 
(F) Unless explained and justified by the RPF in the plan, and approved by the Director, no point within the harvest area where retention standards are met by dispersed retention shall be more than 300 feet from a retention tree. 
(G) With the exception of 14 CCR § 953.4(d)(3)(J) below, the average height of dispersed retention trees shall be at least (the average height of dominants and codominants of like species in the pre-harvest stand. 
(H) For areas where the plan relies on natural seedfall to obtain regeneration, dispersed retention trees shall meet the standards of 14 CCR §953.1(c)(1). Where retention is aggregated, retained aggregates shall meet the standards of Commercial Thinning required under 14 CCR § 953.3(a) including (a)(1)(A) or (a)(1)(B). 
(I) Where specific WHR habitat elements are insufficient to provide functional wildlife habitat, the RPF may explain and justify and the Director may approve alternatives to the standards of subsections 14 CCR § 953.4(d)(3)(G) and (H). 
(J) Decadent and Deformed Trees of Value to Wildlife, and Snags which meet the standards of 14 CCR §952.7(b)(3)(A,B or C) and 14 CCR § 952.7(c) may be counted to meet up to 15 square feet of basal area per acre of retention in excess of the minimum variable retention standards (ref. 14 CCR § 953.4(d)(3)(A)). 
(K) Trees shall be retained for at least 50 years unless a shorter period of time is described in the plan, explained and justified by the RPF, and approved by the Director. 
(4) Retention standards shall be met immediately after harvest and if retention trees are to be used to meet stocking, at the time the stocking report is approved. 
(5) The stocking standards of 14 CCR § 952.7(b)(1) within five years following completion of operations. 
(6) Retention trees shall be protected to the extent feasible during timber operations consistent with 14 CCR §§ 954.1; 954.2(e); 954.3; 955.2; 955.3 and 957.7. 
(7) The plan shall indicate the estimated average pre-harvest and post-harvest basal area by species and diameter class. Diameter class designations shall be grouped in no greater than 6” classes. 
(8) Where retention is aggregated in groups, the RPF shall provide in the plan a general description of group locations and/or a map showing the approximate location of the groups. This information shall be provided for each logging unit. 
(9) All trees to be harvested or all retention trees shall be marked by, or under the supervision of, an RPF prior to felling operations. Where timber harvesting does not occur within retained aggregates, the boundaries of retained aggregates may be designated in lieu of marking individual trees within retained aggregates. A sample area must be marked prior to a pre-harvest inspection for evaluation. The sample area shall include at least 10% of the harvest area for each stand type represented in the range of conditions present in the area. Where necessary to evaluate the proposed retention, the Director may require additional marking before plan approval. 
(10) To facilitate restocking, a regeneration plan must be included in the plan. The regeneration plan shall include site preparation, method of regeneration, and other information appropriate to evaluate the plan. Site preparation activities shall be designed to protect retention elements and maintain ground cover to the extent practicable while at the same time result in seedling establishment on the site and encourage long-term site occupancy of the regenerated trees. 
(11) Another Variable Retention harvest may not be applied to the Variable Retention harvest area for at least 50 years for Class I, 60 years for Class II or III, or 80 years for Class IV and V site class lands after acceptance by the Director of the completion report except as specified in: (i) a THP that has been approved pursuant to 14 CCR § 953.11(a), (ii) an SYP, (iii) a PTEIR or, (iv) an NTMP). 
(12) Within ownership boundaries, no logical logging unit contiguous to a previously harvested Variable Retention harvest area may be harvested by a Variable Retention method unless the previously harvested Variable Retention unit has an approved report of stocking and the dominant and codominant trees, not counting retention trees, average at least five years of age or average at least five feet tall and three years of age from the time of establishment on the site either by the planting or by natural regeneration. If these standards are to be met with trees that were present at the time of the harvest, there shall be an interval of not less than five years following the completion of operations before adjacent Variable Retention management may occur. 
(13) A Regeneration Method Used in Evenaged Management, other than Shelterwood Preparatory Step, may not be applied to the Variable Retention harvest area for at least 50 years for Class I, 60 years for Class II or III, or 80 years for Class IV and V site class lands after acceptance by the Director of the completion report. 
(14) Within an ownership, at least 10 years must pass after a Variable Retention harvest that exceeds the size standards of 14 CCR §953.1(a)(2) before a Regeneration Method Used in Evenaged Management, other than Shelterwood Preparatory Step, may occur in an adjacent logical harvest area. 
(15) Within an ownership, the separation requirements and adjacency limitations of 14 CCR § 953.1(a)(3, 6 and 7) shall apply equally to Variable Retention harvest areas and evenaged regeneration units. 
(16) Alternative Prescriptions proposed under 14 CCR § 953.6 may not reference Variable Retention as the most nearly feasible method (ref. 14 CCR § 953.6(b)(3 and 4)). Alternative Prescriptions which approach but do not fully meet the minimum standards of Variable Retention shall be considered Alternatives to a Regeneration Method Used in Evenaged Management. 
(e) Aspen, meadow and wet area restoration. All trees within aspen stands (defined as a location with the presence of living aspen (Populus tremuloides), meadows and wet areas may be harvested or otherwise treated in order to restore, retain, or enhance these areas for ecological or range values. A primary goal of aspen restoration projects is the successful regeneration of aspen and recruitment into larger size classes. Projects using this prescription shall be designed to balance the protection and regeneration of aspen stands, meadows, and wet area habitats in California's forest ecosystems with the other goals of forest management as specified in 14 CCR §897 and meet the following requirements: 
(1) The RPF shall state in the plan each project type(s) that is being proposed (aspen, meadow, and/or wet area restoration).
(2) Each project type shall be shown on the plan map, consistent with 14 CCR §1034(x), and at a scale that shows the locations of planned operations.
(3) The RPF shall describe the extent of the area proposed for harvesting or treatment and the types of harvesting or treatments. 
(4) The RPF shall describe the condition of aspen stands, meadows and wet areas in the project area. 
(A) For aspen stands, the condition description shall include, but is not limited to, the determination of whether the aspen stands are upland aspen stands mixed with conifer or riparian/wet meadow aspen stands; spatial extent, species composition, and stand structure (including overstory/understory coverage) of the project area; and the relationship of the project area to other known aspen stands in the planning watershed or biological assessment area.
(B) For meadows and wet areas, the condition description shall include spatial extent, species composition, and stand structure (including overstory/understory coverage) of the project area; relevant watercourse condition factors stated in Board Technical Rule Addendum #2; and other factors indicative of meadow or wet area geomorphic and hydrological functions.
(5) The RPF shall state the project goals and the measures of success for the proposed aspen, meadow, or wet area restoration project. For purposes of this subsection, measures of success means criteria related to a physical condition that can be measured using conventional forestry equipment or readily available technology to indicate the level of accomplishment of the project goals.
(A) Aspen, meadow or wet area project goals and measures of success shall be based on the condition assessment required in 14 CCR §§ 913.4, 933.4, 953.4, subsection (e)(4), and identification of problematic aspen, meadow or wet area conditions and their agents/causes. Information shall include a description of factors that may be putting aspen stands, meadow, or wet areas at risk, and presence of any unique physical conditions. Projects shall be designed to contribute to rectifying factors that are limiting restoration, to the extent feasible.
(6) For projects of twenty (20) acres or less in size, the RPF has the option to not include the requirements of 14 CCR §§913.4, 933.4, 953.4, subsections (e)(4) and (5) if the RPF consults with DFG prior to plan submittal and, if wet areas are proposed, the RPF shall also consult with the appropriate RWQCB in those locations where the applicable basin plan identifies wet areas as a beneficial use. The results of the consultation(s) shall be included in the plan.
(7) The Department shall review post harvest field conditions of the portions of plans using the aspen, meadow and wet area restoration silvcultural prescription and prepare a monitoring report every five (5) years for the Board. The monitoring report shall summarize information on use of the prescription including: 
(i) the level of achievement of the measures of success as stated in the plan per 14 CCR §§ 913.4, 933.4, and 953.4, subsection (e)(5);
(ii) any post harvest adverse environmental impacts resulting from use of the prescription; 
(iii) any regulatory compliance issues, and; 
(iv) any other significant findings resulting from the review. The review shall include photo point records. 
(8) Exemptions from other FPRs: 
(A) Silvicutural standards for opening size, adjacency requirements, or conifer stocking standards in 14 CCR §§913.1-913.3, 933.1-933.3, 953.1-953.3]; 14 CCR §§913.6, 933.6, 953.6; and 14 CCR §§913.8 do not apply to use of this prescription. 
(B) Minimum resource conservation standards in 14 CCR §§912.7, 932.7, 952.7 do not apply to use of this prescription. 
(C) For purposes of this prescription, timberland productivity and MSP requirements as stated in 14 CCR §§913.10, 933.10, 953.10; and 14 CCR §§913.11, 933.11, 953.11 are compatible with implementing actions that contribute to attaining the measures of success approved by the Department for this prescription. 
NOTE

Authority cited: Sections 4551, 4553 and 4561, Public Resources Code. Reference: Section 4512, 4551.5, 4582 and 4582.5, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). 
3. Change without regulatory effect of subsection (b) filed 5-24-89 (Register 89, No. 23).
4. Amendment of subsection (a) and Note filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
5. Amendment of section heading and section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
6. New subsection (c) filed 11-19-97; operative 1-1-98 (Register 97, No. 47).
7. New subsections (d)-(d)(16) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
8. New subsections (e)-(e)(8)(C) and amendment of Note filed 10-6-2011; operative 1-1-2012 pursuant to Public Resources Code section 4551.5 (Register 2011, No. 40).
§953.5. Stocking Status.
Note     •     History

Under any regeneration method where artificial regeneration is specified in the plan to restock the logged area, a preliminary report on the degree of stocking shall be submitted to the Director annually, between October 1 and December 31, beginning two years following completion of logging by the timber owner or his/her agent until the stocking standard of 14 CCR 952.7 is met or exceeded or as otherwise required. This report shall indicate the degree of stocking achieved and any additional measures that will be taken to stock the logged area.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561, 4587 and 4588, Public Resources Code.
HISTORY

1. Renumbering of former section 953.5 to section 953.11 and new section 953.5 filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
§953.6. Alternative Prescriptions.
Note     •     History

(a) An alternative prescription shall be included in a THP when, in the judgment of the RPF, an alternative regeneration method or intermediate treatment offers a more effective or more feasible way of achieving the objectives of Section 953 than any of the standard silvicultural methods provided in this Article.
(b) An alternative prescription, as defined in 14 CAC 895.1, shall normally contain at least the following information:
(1) A description of the stand before timber operations, including:
(A) The RPF's professional judgment of the species composition of the stand before harvest.
(B) The RPF's professional judgment of the current stocking on the area expressed in basal area or a combination of basal area and point count.
(C) The RPF's estimate of the basal area per acre to be removed from the stand during harvest.
(2) A description of stand management constraints such as animal, insect, disease, or other natural damage, competing vegetation, harsh site conditions, or other problems which may affect stand management.
(3) A statement of which silvicultural method in the current District rules is most nearly appropriate or feasible and an explanation of why it is not appropriate or feasible.
(4) An explanation of how the proposed alternative prescription will differ from the most nearly feasible method in terms of securing regeneration; protection of soil, water quality, wildlife habitat, and visual appearance; and in terms of fire, insect and disease protection.
(5) A description of the stand expected after completion of timber operations, including the following:
(A) The management objective under which the post-harvest stand is to be managed (even-aged, uneven-aged, or neither);
(B) The desired tree species composition of the post-harvest stand and the RPF's judgment as to the remaining stocking after harvest expressed as basal area or a combination of basal area and point count.
(6) The treatment of the stand to be used in harvesting including:
(A) The guidelines to be used in determining which trees are to be harvested or left;
(B) The type of field designation to be followed, such as marking, sample marking of at least 20 percent of the trees to be harvested or left, professional supervision of fallers or other methods; and
(C) The site preparation and regeneration method and timetable to be used for restocking.
(c) If an alternative prescription will have the practical on-the-ground effect of a clearcut, regardless of name or description, then the acreage limitations, and requirement for separation by a typical logging unit, yarding equipment limitations, exceptions, and stocking requirements for the clearcut regeneration method shall apply.
(d) All trees to be harvested or all trees to be retained shall be marked by, or under the supervision of, an RPF prior to harvest. A sample area must be marked prior to the preharvest inspection for evaluation. The sample area shall include at least 10% of the harvest area to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area. The Director may waive the requirements for the remainder of the area when explained and justified by the RPF in the THP.
(e) The Director shall approve the alternative if in his judgment it complies with 14 CCR 898 and if, considering the entire area to which the alternative is to be applied, it would: (1) when compared with the standard most closely related method identified in subsection (b)(3) above have the effect equal to or more favorable than such standard method would achieve in the areas of values relating to soil, the quality and beneficial uses of water, wildlife and fisheries,
(2) not create a significant adverse change in range and forage, and recreation and aesthetic values; and
(3) not reduce the after harvest stocking standards or evenaged prescription limitation below the most closely associated standard, unless the RPF demonstrates that either: 
(A) the harvest will result in stand conditions that will increase long term sustained yield as compared to the long term sustained yield achieved by utilizing the stocking standards of the method identified in subsection (b)(3); or 
(B) the yield over 20 years of a “No Harvest” alternative would be less than the yield over 20 years of the proposed alternative.
(4) not lead to the direct or indirect conversion of the timberland to other land uses not associated with timber growing and harvesting and compatible uses unless a timberland conversion permit is approved before submission of the THP; and
(5) not result in violations of any of the other standards in the rules of the Board.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5 and 4561, Public Resources Code.
HISTORY

1. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). 
2. Repealer of subsection (e) and new subsections (d)-(e)(5) filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
3. Amendment of subsections (e), (e)(1), (3) and (4) and new subsection (e)(3)(B) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
4. Editorial correction implementing action described in History 3 (Register 96, No. 50).
5. Amendment of subsection (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
6. Editorial correction of subsection (d) (Register 97, No. 48).
§953.7. Riparian Vegetation.
Note     •     History

All noncommercial riparian vegetation found along streams and lakes and within meadows and wet areas shall be retained and protected insofar as practical.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561 and 4562.7, Public Resources Code.
HISTORY

1. Repealer of Section 953.7 and renumbering of former Section 953.9 to Section 953.7 filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). For prior history, see Register 79, No. 9. 
2. Editorial correction of Note (Register 96, No. 50).
§953.8. Exceptions.
Note     •     History

The requirements of this Article shall not prohibit the timber operator from cutting or removing trees for purposes of: 
(a) Clearing the rights-of-way, log landings, campsites, or firebreaks necessary for the conduct of timber operations. 
(b) The harvesting of Christmas trees and construction of an integral part of a public fire protection agency fuelbreak is also permitted.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Section 4584, Public Resources Code.
HISTORY

1. Renumbering of former section 953.10 to section 953.8 filed 1-7-94; operative 3-1-94 (Register 94, No. 1). For prior history, see Register 92, No. 13.
2. Amendment filed 11-19-97; operative 1-1-98 (Register 97, No. 47).
§953.9. Successive Cutting.
Note     •     History

Relogging of an area in less than the period of five years required for meeting stocking standards can be done only under either of the following conditions:
(a) sanitation-salvage cutting, or
(b) when stocking requirements have been met and a report of satisfactory stocking (ref. 14 CAC 1076) has been issued by the Director.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561 and 4587, Public Resources Code.
HISTORY

1. Renumbering of former Section 953.9 to Section 953.7 and renumbering and amendment of former Section 953.12 to Section 953.9 filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3). For prior history, see Register 79, No. 9.
§953.10. Timberland Productivity.
Note     •     History

The goal of this section is to restore, enhance and maintain the productivity of the state's timberlands, where feasible.
(a) Where feasible, the productivity of timberlands shall be maintained on a site-specific basis by
(1) meeting the stocking standards of the selected silvicultural or regeneration method, or that level of stocking above the minimum that will achieve long term sustained yield (LTSY) that is proposed in 913.11 a or b. 
(2) proposing and implementing an appropriate silvicultural system and regeneration method for the site,
(3) protecting the soil resource and its ability to grow commercial tree species and provide sustainable associated forest values.
(b) Timberland productivity is restored by mitigating the adverse effects of catastrophic events or previous land use activities in order to improve the site capacity to grow for harvest commercial tree species and provide forest values.
(c) Timberland productivity is enhanced by such means as planting, thinning, stand manipulation, stream channel improvement, or other techniques that will lead to increased tree growth and yield, accumulation of growing stock and production of associated forest values.
(d) Measures implemented to mitigate or avoid adverse environmental impacts of timber harvesting contribute to restoration and enhancement of timberland productivity.  Plan submitters are encouraged, but not required, to undertake additional measures to restore and enhance timberland productivity.  CDF may advise plan submitters of measures which could be undertaken at the  plan submitters' option to further restore and enhance timberland productivity.
(e) This section does not impose any additional obligation on owners of timberlands where wildfires, insects, disease, wind, flood, or other blight caused by an act of nature reduces stocking levels below any applicable stocking requirements.
NOTE

Authority cited: Section 4551, Public Resources Code.  Reference: Sections 4513, 4551.5, 4561 and 21080.5, Public Resources Code.
HISTORY

1. Repealer and new section filed 5-16-94; operative 5-16-94 (Register 94, No. 20).  For prior history, see Register 94, No. 1.
2. Editorial correction implementing action described in History 1 (Register 96, No. 50).
§953.11. Maximum Sustained Production of High Quality Timber Products.
Note     •     History

The goal of this section is the achieve Maximum Sustained Production of High Quality Timber Products (MSP).  MSP is achieved by meeting the requirements of either (a) or (b) or (c) in a THP, SYP or NTMP, or as otherwise provided in Article 6.8.
(a) Where a Sustained Yield Plan (14 CCR § 1091.1) or Nonindustrial Timber Management Plan (NTMP) has not been approved for an ownership, MSP will be achieved by:
(1) Producing the yield of timber products specified by the landowner, taking into account biologic and economic factors, while accounting for limits on productivity due to constraints imposed from consideration of other forest values, including but not limited to, recreation, watershed, wildlife, range and forage, fisheries, regional economic vitality, employment and aesthetic enjoyment.
(2) Balancing growth and harvest over time, as explained in the THP for an ownership, within an assessment area set by the timber owner or timberland owner and agreed to by the Director.  For purposes of this subsection the sufficiency of information necessary to demonstrate the balance of growth and harvest over time for the assessment area shall be guided by the principles of practicality and reasonableness in light of the size of the ownership and the time since adoption of this section using the best information available. The projected inventory resulting from harvesting over time shall be capable of sustaining the average annual yield achieved during the last decade of the planning horizon. The average annual projected yield over any rolling 10-year period, or over appropriately longer time periods for ownerships which project harvesting at intervals less frequently than once every ten years, shall not exceed the projected long-term sustained yield.
(3) Realizing growth potential as measured by adequate site occupancy by species to be managed and maintained given silvicultural methods selected by the landowner.
(4) Maintaining good stand vigor.
(5) Making provisions for adequate regeneration.  At the plan submitters option, a THP may demonstrate achievement of MSP pursuant to the criteria established in (b) where an SYP has been submitted but not approved.
(b) Where a SYP or NTMP is submitted for an ownership, an approved SYP or NTMP achieves MSP by providing sustainable harvest yields established by the landowner which will support the production level of those high quality timber products the landowner selects while at the same time:
(1) meeting minimal stocking, and basal area standards for the selected silvicultural methods as provided in these rules as described;
(2) protecting the soil, air, fish and wildlife, water resources and any other public trust resources;
(3) giving consideration to recreation, range and forage, regional economic vitality, employment and aesthetic enjoyment;
(4) balancing growth and harvest over time. The projected inventory resulting from harvesting over time shall be capable of sustaining the average annual yield achieved during the last decade of the planning horizon. The average annual projected yield over any rolling 10-year period, or over appropriately longer time periods for ownerships which project harvesting at intervals less frequently than once every ten years, shall not exceed the projected long-term sustained yield.  A THP which relies upon and is found to be consistent with an approved SYP shall be deemed adequate to achieve MSP.
(c) In a THP or NTMP, MSP is achieved by:
(1) for evenage management, meeting the minimum stand age standards of 14 CCR § 953.1(a)(1), meeting minimum stocking and basal area standards for the selected silvicultural methods as contained in these rules only with group A species, and protecting the soil, air, fish and wildlife, water resources and other public trust resources through the application of these rules; or
(2) for unevenaged management, complying with the seed tree retention standards pursuant to 14 CCR §§ 953.1(c)(1)(A) or 953.2(b)(6), meeting minimum stocking and basal area standards for the selected silvicultural methods as contained in these rules only with group A species, and protecting the soil, air, fish and wildlife, water resources and other public trust resources through the application of these rules.
(3) for intermediate treatments and special prescriptions, complying with the stocking requirements of the individual treatment or prescription.
(4) Timberland ownerships totaling 50,000 acres or less may use subsection (c) to show MSP.
(5) Timberland ownerships of 50,000 acres or more may use subsection (c) through December 31, 1999. Thereafter they may use subsection (c) if an SYP or demonstration of achievement of MSP pursuant to 14 CCR § 953.11(a) has been filed with the department and has not been returned unfiled or approved.
(6) For scattered parcels on timberland ownerships of 50,000 acres or more, subsection (c) may be used to show MSP.
NOTE

Authority cited: Sections 4551 and 4554.5, Public Resources Code.  Reference: Sections 4513, 4551.5, 4561 and 21080.5, Public Resources Code.
HISTORY

1. Renumbering of former section 953.11 to section 953.12 and new section filed 5-16-94; operative 5-16-94 (Register 94, No. 20).  For prior history, see Register 94, No. 1.
2. Editorial correction of subsections (c)(1) and (c)(2) (Register 96, No. 46).
3. Amendment of subsections (c)(4) and (c)(5) and amendment of Note filed 11-13-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 46).
4. Amendment of first paragraph filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
5. Editorial correction inserting inadvertently omitted last paragraph (Register 96, No. 48).
6. Amendment of subsection (c)(5) and new subsection (c)(6) filed 11-24-97; operative 1-1-98 (Register 97, No. 48).
7. Amendment of subsection (c)(5) filed 11-18-98; operative 1-1-99 (Register 98, No. 47).
8. Amendment of subsections (a), (c)(1)-(2) and (c)(5) filed 11-16-2005; operative 1-1-2006 (Register 2005, No. 46).
§953.12. High Use Subdistrict.
Note     •     History

In the “high use subdistrict,” the selection regeneration method, or sanitation-salvage or commercial thinning treatments may be used. An RPF may propose a modification of the selection regeneration method or sanitation-salvage intermediate treatments when explained and justified in the plan. (See 14 CCR 953 for alternative prescriptions.) In these areas, no trees shall be cut unless first marked on both the bole and stump with either paint, tags or blazes so as to be plainly visible. Such marking shall be done by an RPF or supervised designee sufficiently in advance of cutting to allow for inspection by the Director's representatives. In these areas, the leave stand will be at least 50% of the number of trees 12 in. or larger d.b.h. standing prior to the time of harvesting. These leave trees should be in Dunning's tree classes 1, 2, or 3 (Ref. 14 CCR 952 def. Dunning's classification). The composition and distribution of the leave stand shall be maintained as nearly as practical, giving consideration to the aesthetics of the areas. Only sanitation-salvage treatment shall be allowed in the cutover areas for 10 years following the harvest.
NOTE

Authority cited: Sections 4551, 4561 and 4561.1, Public Resources Code. Reference: Sections 4561, 4586 and 4588, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 953.11 to section 953.12 filed 5-16-94; operative 5-16-94 (Register 94, No. 20).  For prior history, see Register 83, No. 3.
2. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§953.13. Exceptions.
Note     •     History

NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Section 4584, Public Resources Code.
HISTORY

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Renumbering of Section 953.13 to Section 953.10 filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
Article 4. Harvesting Practices and Erosion Control
§954. Purposes.
Note     •     History

Timber operations shall be conducted to: meet the goal of maximum sustained production of high quality timber products; minimize breakage of merchantable timber; prevent unreasonable damage to residual trees, fish and wildlife habitat as identified in the THP or contained in the rules, reproduction, and riparian vegetation; to prevent degradation of the quality and beneficial uses of water; and maintain site productivity by minimizing soil loss. The following provisions shall be applied in a manner which achieves this standard. 
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: 33 U.S.C.A. Section 1288; Sections 4512, 4513, 4514.3, 4527, 4562.7 and 4582, Public Resources Code.
HISTORY

1. Repealer of Article 4 (Sections 954-954.9) and new Article 4 (Sections 954-954.9, not consecutive) filed 8-4-83; designated effective 10-1-83 (Register 83, No. 31).
2. Amendment filed 124-89; operative 2-1-90 (Register 89, No. 50).
§954.1. Felling Practices.
Note

The following standards are applicable to felling practices:
(a) To the fullest extent possible and with due consideration given to topography, lean of trees, landings, utility lines, local obstructions, and safety factors, trees shall be felled to lead in a direction away from watercourses and lakes.
(b) Desirable residual trees and tree seedlings of commercial species, and those oak trees requiring protection pursuant to 14 CAC 953.10 shall not be damaged or destroyed by felling operations, except where unavoidable due to safety factors, lean of trees, location of obstructions or roads, or lack of sufficient openings to accommodate felled trees.
(c) Trees shall be felled in conformance with watercourse and lake protection measures incorporated in timber harvesting plans and consistent with Article 6 of these rules.
(d) Felling practices shall conform to requirements of 914.4, 934.4, 954.4 to protect bird nesting sites.
(e) In the Southern Forest District stumps shall be kept to a height of 30.5 cm (12 inches), and in the High Use Subdistrict stumps shall be kept to a height of 20.3 cm (8 inches), or less on the side adjacent to the highest ground level, except where safety, imbedded metal, or unmerchantable wood make this impractical.
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.5 and 4562.7, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7, 4581, 4582 and 4582.5, Public Resources Code.
§954.2. Tractor Operations.
Note     •     History

The following standards are applicable to tractor operations:
(a) Tractor operations shall be conducted in a manner which complies with 14 CCR 954.
(b) Tractor, or other heavy equipment which is equipped with a blade, shall not operate on skid roads or slopes that are so steep as to require the use of the blade for braking.
(c) Tractor roads shall be limited in number and width to the minimum necessary for removal of logs. When less damage to the resources specified in 14 CCR 954 will result, existing tractor roads shall be used instead of constructing new tractor roads.
(d) Heavy equipment shall not operate on unstable areas. If such areas are unavoidable, the RPF shall develop specific measures to minimize the effect of operations on slope instability. These measures shall be explained and justified in the plan and approved by the Director, and must meet the requirements of 14 CCR 954.
(e) Slash and debris from timber operations shall not be bunched adjacent to residual trees required for silvicultural or wildlife purposes or placed in locations where they could be discharged into a Class I or II watercourse, or lake.
(f) Tractor operations shall be subject to the following limitations:
(1) Heavy equipment shall be prohibited where any of the following conditions are present:
(i) slopes steeper than 65%
(ii) slopes steeper than 50% where the erosion hazard rating is high or extreme
(iii) slopes over 50% which lead without flattening to sufficiently dissipate water flow and trap sediment before it reaches a watercourse or lake.
(2) On slopes between 50 percent and 65 percent where the erosion hazard rating is moderate, and all slope percentages are for average slope steepness based on sample areas that are 20 acres, or less if proposed by the RPF or required by the Director, heavy equipment shall be limited to:
(i) existing tractor roads that do not require reconstruction, or
(ii) new tractor roads that have been flagged by an RPF or supervised designee prior to use.
(3) The RPF may propose exceptions to the limitations on tractor operations described above if the proposed exception will comply with 14 CCR 954, and if the THP both clearly explains the proposed exception and justifies why application of the standard rule is either not feasible, or would not comply with 14 CCR 954. The location of tractor roads to be used under such exceptions shall be flagged prior to the pre-harvest inspection or, when a pre-harvest inspection is not required, prior to the start of timber operations.
(g) Where tractor roads are constructed, timber operators shall use tractor roads only, both for skidding logs to landings and on return trips.
(h) Timber operators shall exercise due diligence so that desirable residual trees and seedlings will not be damaged or destroyed in tractor operations.
(i) Where waterbreaks cannot effectively disperse surface runoff, other erosion controls shall be installed as needed.
(j) Except where terracing will disturb less than 50 percent of the soil surface, mechanical site preparation shall not be conducted on any of the following:
(1) Any slopes over 40%.
(2) Slopes over 30% which lead without flattening to a class I or Class II watercourse or to a lake.
(3) Areas having average slopes over 30%, where the erosion hazard rating is high or extreme. The area sampled for the average shall not exceed 20 acres.
(k) The Director may approve exceptions to (j)(1), (j)(2), and (j)(3) above when damage to soil and water quality caused by the use of heavy equipment will not exceed that caused by other site preparation methods if explained and justified in the THP.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7 and 4582, Public Resources Code.
HISTORY

1. Amendment filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
2. Amendment of subsection (d) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
3. New subsection (i) and subsection relettering filed 9-23-91; operative 9-23-91 (Register 92, No. 25).
4. Amendment of subsections (d) and (f)-(f)(3) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
5. Amendment of subsection (f)(2)(ii) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
6. Editorial correction of History1 and History 3 (Register 98, No. 21).
7. Change without regulatory effect restoring subsections (j) and (k) (formerly designated as subsections (i) and (j), respectively) filed 5-20-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 21).
§954.3. Cable Yarding.
Note     •     History

The following standards are applicable to cable yarding:
(a) Due diligence shall be exercised in the installing, and operating, of cable lines so that residual trees will not incur unreasonable damage by such installation or use.
(b) Residual trees required to be left upon completion of timber operations shall not be used for rub trees, corner blocks, rigging or other cable ties unless effectively protected from damage.
(c) The practice of tight-lining for the purpose of changing location of cable lines is prohibited unless such practice can be carried on without damaging residual trees.
(d) Cable yarding settings shall take maximum advantage of the natural topography and timber types so that yarding operations will protect residual trees.
(e) Tractors shall not be used in areas designated for cable yarding except to pull trees away from streams, to yard logs in areas where deflection is low, where swing yarding is advantageous, to construct firebreaks and/or layouts, and to provide tail-holds. Such exception(s) shall be explained and justified in the THP, and require Director's approval.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7 and 4582, Public Resources Code.
HISTORY

1. Amendment of subsection (e) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
§954.4. Site Preparation Addendum.
Note     •     History

Where site preparation will occur on the logging area, the THP shall incorporate a site preparation addendum which includes the following information: 
(a) Whether site preparation will be required to meet stocking.
(b) The general methods of site preparation to be used.
(c) The types of equipment (if any) is be used for mechanical site preparation and firebreak construction.
(d) The methods for protecting any desirable residual trees in accordance with 14 CCR 917.7.
(e) Explanations and justifications for any exceptions or alternatives to the standard rules.
(f) A map identifying the boundaries of site preparation areas, if different from logging area boundaries, and distinguishing areas by type of site preparation activity.
(g) The name, address, and telephone number of the person responsible for conduct of site preparation activities.
(h) The estimated timing of site preparation operations.
NOTE

Authority cited; Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code. 
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
§954.5. Servicing of Logging Equipment, Disposal of Refuse, Litter, Trash and Debris.
Note

The following standards shall be adhered to in servicing logging equipment and disposing of refuse, litter, trash and debris:
(a) Equipment used in timber operations shall not be serviced in locations where servicing will allow grease, oil, or fuel to pass into lakes or watercourses.
(b) Non-biodegradable refuse, litter, trash, and debris resulting from timber operations, and other activity in connection with the operations shall be disposed of concurrently with the conduct of timber operations.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512 and 4513, Public Resources Code.
§954.6. Waterbreaks.
Note     •     History

The following standards are applicable to the construction of waterbreaks:
(a) except as otherwise provided for in the rules:
(1) All waterbreaks shall be installed no later than the beginning of the winter period of the current year of timber operations.
(2) Installation of drainage facilities and structures is required from October 15 to November 15 and from April 1 to May 1 on all constructed skid trails and tractor roads prior to sunset if the National Weather Service forecast is a “chance” (30% or more) of rain within the next 24 hours.
(b) Waterbreaks shall be constructed concurrently with the construction of firebreaks and immediately upon conclusion of use of tractor roads, roads, layouts, and landings which do not have permanent and adequate drainage facilities, or drainage structures.
(c) Distances between waterbreaks shall not exceed the following standards:

MAXIMUM DISTANCE BETWEEN WATERBREAKS

View Graphic
(h) Waterbreaks or any other erosion controls on skid trails, cable roads, layouts, firebreaks, abandoned roads, and site preparation areas shall be maintained during the prescribed maintenance period and during timber operations as defined in PRC sections 4527 and 4551.5 so that they continue to function in a manner which minimizes soil erosion and slope instability and which prevents degradation of the quality and beneficial uses of water. The method and timing of waterbreak repair and other erosion control maintenance shall be selected with due consideration given to protection of residual trees and reproduction and the intent of 14 CCR 914.
(i) The prescribed maintenance period for waterbreaks and any other erosion control facilities on skid trails, cable roads, layouts, firebreaks, abandoned roads, and site preparation areas, shall be at least one year.
The Director may prescribe a maintenance period extending as much as three years after filing of the work completion report in accordance with 14 CCR 1050.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7, and 4582, Public Resources Code.
HISTORY

1. Amendment of subsection (h) and new subsection (i) filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
2. Amendment of subsection (d) filed 8-9-90; operative 9-10-90 (Register 90, No. 41).
3. Amendment of subsection (f) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
4. New subsection (a), redesignation and amendment of former subsection (a) to new subsection (a)(1), new subsection (a)(2) and amendment of table headings filed 4-21-99; operative 1-1-2000 pursuant to Public Resources Code section 4554.5 (Register 99, No. 17). 
5. Change without regulatory effect amending section heading and removing pre-2000 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17).
§954.7. Timber Operations, Winter Period.
Note     •     History

During the winter period:
(a) Mechanical site preparation and timber harvesting, shall not be conducted unless winter period operating plan is incorporated in the timber harvesting plan and is followed, or unless the requirements of subsection (c) are met. Cable, helicopter and balloon yarding methods are exempted.
(b) The winter period operating plan shall include the specific measures to be taken in winter timber operations to minimize damage due to erosion, soil movement into watercourses and soil compaction from felling, yarding, loading, mechanical site preparation, and erosion control activities. A winter period operating plan shall address the following subjects:
(1) Erosion hazard rating.
(2) Mechanical site preparation methods.
(3) Yarding system (constructed skid trails).
(4) Operating period.
(5) Erosion control facilities timing.
(6) Consideration of form of precipitation-rain or snow.
(7) Ground conditions (soil moisture condition, frozen).
(8) Silvicultural system-ground cover.
(9) Operations within the WLPZ. 
(10) Equipment use limitations.
(11) Known unstable areas.
(c) In lieu of a winter period operating plan, the RPF can specify the following measures in the THP:
(1) Tractor yarding or the use of tractors of constructing layouts, firebreaks or other tractor roads shall be done only during dry, rainless periods but shall not be conducted on saturated soil conditions that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements.
(2) Erosion control structures shall be installed on all constructed skid trails and tractor roads prior to the end of the day if the U.S. Weather Service forecast is a “chance” (30 percent or more) of rain before the next day, and prior to weekend or other shutdown periods. The provisions of this subsection do not apply to mechanical site preparation.
(3) Site specific mitigation measures needed to comply with 14 CCR 954 for operations within the WLPZ and unstable areas during the winter period.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7 and 4582, Public Resources Code.
HISTORY

1. Amendment filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
2. Amendment of subsections (a), (b) and (c)(3) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
3. Amendment of subsection (c)(1) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§954.8. Tractor Road Watercourse Crossing.
Note     •     History

Watercourse crossing facilities on tractor roads shall be planned, constructed, maintained, and removed according to the following standards:
(a) The number of crossings shall be kept to a minimum. Existing crossing locations shall be used wherever feasible.
(b) A prepared watercourse crossing using a structure such as a bridge, culvert, or temporary log culvert shall be used to protect the watercourse from siltation where tractor roads cross a watercourse in which water may be present during the life of the crossing.
(c) Crossing facilities on watercourses that support fish shall allow for unrestricted passage of all life stages of fish that may be present, and for unrestricted passage of water. Such crossing facilities shall be fully described in sufficient clarity and detail to allow evaluation by the review team and the public, provide direction to the LTO for implementation, and provide enforceable standards for the inspector. 
(d) Watercourse crossing facilities not constructed to permanent crossing standards on tractor roads shall be removed before the beginning of the winter period. If a watercourse crossing is to be removed, it shall be removed in accordance with 14 CCR § 963.3, subsection (d).
(e) If the watercourse crossing involves a culvert, the minimum diameter shall be stated in the THP and the culvert shall be of a sufficient length to extend beyond the fill material.
(f) Consistent with the protection of water quality, exceptions may be provided through the Fish and Game Code and shall be indicated in the plan.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7 and 4582, Public Resources Code. 
HISTORY

1. Amendment of subsection (d) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
2. Amendment of subsection (e) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
3. Amendment of subsections (a) and (c) and new subsection (g) filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
4. Amendment of subsection (g) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
5. Amendment of subsection (g) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
6. Amendment of last paragraph and amendment of Note filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
7. Amendment of subsection (g) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
8. Amendment of subsection (g) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
9. Amendment of subsection (g) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
10. Amendment of subsections (f) and (g) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
11. Amendment of subsection (d) and repealer of subsection (g) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§954.9. Alternatives to Standard Rules.
Note

(a) Alternative practices may be developed by the RPF on a site-specific basis provided the following conditions are complied with and the alternative practices will achieve environmental protection at least equal to that which would result from using measures stated in Sections 954.1-954.8.
(1) Environmental impacts with potential for significant adverse effects on the beneficial uses of water, on the residual timber, and on the soil productivity are identified and measures proposed to mitigate such impacts are included in an approved THP. The THP shall also contain a clear statement as to why alternative harvesting and erosion control measures are needed.
(2) The alternative practice(s) must be explained in sufficient detail and standards provided in the THP so that they can be adequately evaluated and enforced by the Director and implemented by the licensed timber operator.
(3) On a THP in which alternatives covering harvesting and erosion control measures have been incorporated, the timber operator shall agree to the alternative specifications by signing and filing with the Director a copy of the plan, the amended plan or a facsimile thereof, prior to beginning or continuing operations on the portion of the plan to which the alternatives apply.
(b) The Director shall not accept for inclusion in a THP alternative harvesting and erosion control measures proposed under this section which do not meet the standard of subsection (a) of this section. In the event that there is more than one written negative position showing that the alternative practice(s) does (do) not meet the standard of subsection (a) received from among the agencies listed in 14 CAC 1037.3 and the Department of Forestry, which participated in the review of the plan including on-the-ground inspection, the Director shall reject the proposed alternative.
(c) Alternative practices stated in an approved THP shall have the same force and authority as those practices required by the standard rule.
NOTE

Authority cited: Sections 4551, 4551.5, 4552, 4562.5, 4562.7 and 21080, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4552, 4562.5, 4562.7, 4582, 21002 and 21080.5, Public Resources Code; Natural Resources Defense Council, Inc. v. Arcata Nat. Corp. (1975) 59 C.A. 3rd 959, 131 Cal. Rptr., 172. 
Article 5. Site Preparation
§955. Purposes.
Note     •     History

Site preparation shall be planned and conducted in a manner which encourages maximum timber productivity, minimizes fire hazard, prevents substantial adverse effects to soil resources and to fish and wildlife habitat, and prevents degradation of the quality and beneficial uses of water. The following provisions shall be applied in a manner which complies with this standard.
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code. 
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50). For prior history, see Register 83, No. 32.
§955.1. Use of Heavy Equipment for Site Preparation.
Note     •     History

(a) Use of heavy equipment for site preparation shall comply with the provisions set forth in 14 CCR 954.2.
(b) Heavy equipment shall not be used for site preparation under saturated soil conditions that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters; that violate Water Quality Requirements; or when it cannot operate under its own power due to wet conditions .
(c) Watercourse crossings for heavy equipment shall be planned, constructed, maintained, and removed in accordance with the requirements for tractor roads in 14 CCR Section 954.8.
(d) Undisturbed areas or energy dissipators shall be used to control and disperse concentrated runoff from roads, landings, tractor roads, firebreaks and erosion control facilities where it flows into site preparation areas.
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code. 
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50). For prior history, see Register 83, No. 32.
2. Amendment of subsection (b) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§955.2. Treatment of Vegetative Matter.
Note     •     History

(a) Piling, burning, and other treatment of snags, slash and vegetative matter and protection of desirable residual trees during site preparation shall comply with 14 CCR Sections 957 through 957.7.
(b) Broadcast burning shall not fully consume the largest organic debris which retains soil on slopes and stabilizes watercourse banks. The Director may approve exceptions to individual requirements when such exceptions are explained and justified in the THP and the exceptions would provide for the protection of the beneficial uses of water or control erosion to a standard at least equal to that which would result from application of the standard rule.
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code. 
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50). For prior history, see Register 83, No. 32.
§955.3. Protection of Natural Resources.
Note     •     History

(a) Site preparation activities shall comply with the watercourse and lake protection requirements in 14 CCR Article 6 and 957.3.
(b) Site preparation activities shall comply with the wildlife and habitat protection provisions of 14 CCR Article 9.
(c) Site preparation shall be performed in a manner which does not deleteriously affect species which are threatened, endangered, or designated by the Board as species of special concern. The director may allow exceptions to this standard, if explained and justified in the plan, after consultation with the Department of Fish and Game pursuant to the California Endangered Species Act (F&G Code 2050-2098).
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code. 
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
§955.4. Site Preparation Addendum.
Note     •     History

Where site preparation will occur on the logging area, the THP shall incorporate a site preparation addendum which includes the following information: 
(a) Whether site preparation will be required to meet stocking.
(b) The general methods of site preparation to be used.
(c) The types of equipment (if any) to be used for mechanical site preparation and firebreak construction.
(d) The methods for protecting any desirable residual trees in accordance with 14 CCR 957.7.
(e) Explanations and justifications for any exceptions or alternatives to the standard rules.
(f) A map identifying the boundaries of site preparation areas, if different from logging area boundaries, and distinguishing areas by type of site preparation activity.
(g) The name, address, and telephone number of the person responsible for conduct of site preparation activities shall be provided prior to conducting site preparation activities.
(h) The estimated timing of site preparation operations.
NOTE

Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code. 
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
2. Amendment of subsection (g) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
Article 6. Watercourse and Lake Protection
§956. Intent of Watercourse and Lake Protection.
Note     •     History

The purpose of this article is to ensure that timber operations do not potentially cause significant adverse site-specific and cumulative impacts to the beneficial uses of water, native aquatic and riparian-associated species, and the beneficial functions of riparian zones; or result in an unauthorized take of listed aquatic species; or threaten to cause violation of any applicable legal requirements. This article also provides protection measures for application in watersheds with listed anadromous salmonids and watersheds listed as water quality limited under Section 303(d) of the Federal Clean Water Act. 
It is the intent of the Board to restore, enhance, and maintain the productivity of timberlands while providing appropriate levels of consideration for the quality and beneficial uses of water relative to that productivity. Further, it is the intent of the Board to clarify and assign responsibility for recognition of potential and existing impacts of timber operations on watercourses and lakes, native aquatic and riparian-associated species, and the beneficial functions of riparian zones and to ensure all plans, exemptions and emergency notices employ feasible measures to effectively achieve compliance with this article. Further, it is the intent of the Board that the evaluations that are made, and the measures that are taken or prescribed, be documented in a manner that clearly and accurately represents those existing conditions and those measures. “Evaluations made” pertain to the assessment of the conditions of the physical form, water quality, and biological characteristics of watercourses and lakes, including cumulative impacts affecting the beneficial uses of water on both the area of planned logging operations and in the Watershed Assessment Area (WAA). “Measures taken” pertain to the procedures used or prescribed for the restoration, enhancement, and maintenance of the beneficial uses of water. 
All provisions of this article shall be applied in a manner, which complies with the following: 
(a) During and following timber operations, the beneficial uses of water, native aquatic and riparian-associated species, and the beneficial functions of riparian zones shall be maintained where they are in good condition, protected where they are threatened, and insofar as feasible, restored where they are impaired. 
(b) Maintenance, protection, and contribution towards restoration of the quality and beneficial uses of water during the planning, review, and conduct of timber operations shall comply with all applicable legal requirements including those set forth in any applicable water quality control plan adopted or approved by the State Water Resources Control Board. At a minimum, the LTO shall not remove water, trees or large woody debris from a watercourse or lake, the adjacent riparian area, or the adjacent flood prone areas in quantities deleterious to fish, wildlife, beneficial functions of riparian zones, or the quality and beneficial uses of water. 
(c) Protecting and restoring native aquatic and riparian-associated species, the beneficial functions of riparian zones, and the quality and beneficial uses of water shall be given equal consideration as a management objective within any prescribed WLPZ and within any ELZ or EEZ designated for watercourse or lake protection and any other location where timber operations may affect riparian zones or the quality and beneficial uses of water. 
(d) The measures set forth in this Section are meant to enforce the public's historical and legal interest in protection for wildlife, fish, and water quality and are to be used to guide timberland owners in meeting their legal responsibilities to protect public trust resources. 
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4552, 4562.5, 4562.7, 21001(b), (f), 21002 and 21002.1, Public Resources Code; and Sections 100, 1243, 1243.5, 13001, 13050(f), 13146 and 13147, Water Code.
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment filed 12-2-99; operative 1-1-2000 pursuant to Government Code section 11343.4(a) and Public Resources Code section 4554.5 (Register 99, No. 49).  
4. Amendment of section and Note filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
5. Amendment of subsection (e) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
6. Amendment of subsection (e) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
7. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
8. Amendment of subsection (e) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
9. Amendment of subsection (e) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
10. Amendment of subsection (e) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
11. Amendment of subsection (e) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
12. Amendment filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§956.1. In Lieu Practices.
Note     •     History

In rule sections where provision is made for site specific practices to be approved by the director and included in the THP in lieu of a stated rule, the RPF shall reference the standard rule, shall explain and describe each proposed practice, how it differs from the standard practice, and the specific locations where it shall be applied; and shall explain and justify how the protection provided by the proposed practice is at least equal to the protection provided by standard rule.
(a) The in lieu practice(s) must provide for the protection of the beneficial uses of water to the standards of 14 CCR 956.3(b) and 956.4(b).
(b) In lieu practices stated in an approved THP shall have the same enforceability and legal authority as those practices required by the standard rules.
(c) Any in lieu practices which propose less than standard rule WLPZ widths for Class I watercourses shall include 14 CCR 956.5(e) “A” & “D” protection measures.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21001(b), (f), 21002 and 21002.1, Public Resources Code; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment and new subsection (c) filed 9-23-91; operative 10-23-91 (Register 92, No. 25). 
§956.2. Protection of the Beneficial Uses of Water and Riparian Functions.
Note     •     History

(a) The measures used to protect each watercourse and lake in a logging area shall be determined by the presence and condition of the following values: 
(1) The existing and restorable quality and beneficial uses of water as specified by the applicable water quality control plan and as further identified and refined during preparation and review of the plan. 
(2) The existing and restorable uses of water for fisheries as identified by the DFG or as further identified and refined during preparation and review of the plan. 
(3) The beneficial functions of the riparian zone that provides for the biological needs of native aquatic and riparian-associated species as specified in 14 CCR §956.4, subsection (b) and 14 CCR §956.9 when the plan is in a planning watershed with listed anadromous salmonids. 
(4) Sensitive conditions near watercourses and lakes as specified in 14 CCR §956.4, subsection (a). 
The maintenance, protection, and contribution towards restoration of these values shall be achieved through a combination of the rules and plan-specific mitigation. The RPF shall propose, and the Director may require, adequate protection of overflow and changeable channels which are not contained within the channel zone.
(b) The State's waters are grouped into four classes based on key beneficial uses. These classifications shall be used to determine the appropriate protection measures to be applied during the conduct of timber operations. The basis for classification (characteristics and key beneficial uses) are set forth in 14 CCR §956.5, Table 1 and the range of appropriate protective measures applicable to each class are contained in 14 CCR §§956.3, 956.4, 956.5 and 956.9 when the plan is in a planning watershed with listed anadromous salmonids. 
(c) When the protective measures contained in 14 CCR §§956.5, 956.9 when the plan is in a planning watershed with listed anadromous salmonids, are not adequate to provide for maintenance, protection or to contribute towards restoration of beneficial uses of water set forth in 14 CCR §956.5 Table 1, additional measures to achieve these goals shall be developed by the RPF or proposed by the Director under the provisions of 14 CCR §956.6, Alternative Watercourse and Lake Protection, and incorporated in the plan when approved by the Director. 
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code.
HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment of section heading, repealer of subsection (a), new subsections (a)(1)-(4), and amendment of subsection (c) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
4. Amendment of section heading, section and Note filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
5. Amendment of subsection (d) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
6. Amendment of subsections (a)(4) and (d) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
7. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
8. Amendment of subsection (d) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
9. Amendment of subsection (d) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
10. Amendment of subsection (d) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
11. Amendment of subsection (d) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
12. Amendment filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§956.3. General Limitations near Watercourses, Lakes, Marshes, Meadows and Other Wet Areas.
Note     •     History

The quality and beneficial uses of water shall not be unreasonably degraded by timber operations. During timber operations, the timber operator shall not place, discharge, or dispose of or deposit in such a manner as to permit to pass into the water of this state, any substances or materials, including, but not limited to, soil, silt, bark, slash, sawdust, or petroleum, in quantities deleterious to fish, wildlife, or the quality and beneficial uses of water. All provisions of this article shall be applied in a manner which complies with this standard.
(a) When there is reasonable expectation that slash, debris, soil, or other material resulting from timber operations, falling or associated activities, will be deposited in Class I and Class II waters below the watercourse or lake transition line or in watercourses which contain or conduct Class IV water, those harvest activities shall be deferred until equipment is available for its removal, or another procedure and schedule for completion of corrective work is approved by the Director.
(b) Accidental depositions of soil or other debris in lakes or below the watercourse or lake transition line in waters classed I, II, and IV shall be removed immediately after the deposition or as approved by the director.
(c) The timber operator shall not construct or reconstruct roads, construct or use tractor roads or landings in Class I, II, III or IV watercourses, in the WLPZ, marshes, wet meadows, and other wet areas unless explained and justified in the THP by the RPF, and approved by the Director, except as follows:
(1) At prepared tractor road crossings as described in 954.8(b).
(2) Crossings of Class III watercourses which are dry at the time of timber operations.
(3) At existing road crossings.
(4) At new tractor and road crossings approved as part of the Fish and Game Code process (F&GC 1600 et seq.)
Use of existing roads is addressed in 956.4(a).
(d) Vegetation, other than commercial species, bordering and covering meadows and wet areas shall be retained and protected during timber operations unless explained and justified in the THP and approved by the director. Soil within the meadows and wet areas shall be protected to the maximum extent possible.
(e) Trees cut within the WLPZ shall be felled away from the watercourse by pulling or other mechanical methods if necessary, in order to protect the residual vegetation in the WLPZ. Exceptions may be proposed in the THP and used when approved by the director.
(f) Where less than 50% canopy exists in the WLPZs of Class I and II waters before timber operations, only sanitation salvage which protects the values described in 14 CCR 956.4(b) shall be allowed.
(g) Recruitment of large woody debris for instream habitat shall be provided by retaining at least two living conifers per acre at least 16 inches diameter breast high and 50 feet tall within 50 feet of all Class I and II watercourses.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 21001(f), Public Resources Code; 40 CFR 35.1505; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. New section filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34). 
2. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
3. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
4. Amendment of subsection (a) filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
5. Amendment of first paragraph and subsection (a), repealer of subsection (c), new subsection (c), amendment of subsection (e), repealer of subsection (f), and new subsection (f) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
6. Amendment of subsection (c) and new subsections (c)(1)-(4) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
§956.4. Watercourse and Lake Protection.
Note     •     History

(a) The RPF or supervised designee shall conduct a field examination of all lakes and watercourses and shall map all lakes and watercourses which contain or conduct Class I, II, III or IV waters.
(1) As part of this field examination, the RPF or supervised designee shall evaluate areas near, and areas with the potential to directly impact, watercourses and lakes for sensitive conditions including, but not limited to, existing and proposed roads, skidtrails and landings, unstable and erodible watercourse banks, unstable upslope areas, debris, jam potential, inadequate flow capacity, changeable channels, overflow channels, flood prone areas, and riparian zones wherein the values set forth in 14 CCR §§956.4(b) are impaired. The RPF shall consider these conditions, and those measures needed to maintain, and restore to the extent feasible, the functions set forth in 14 CCR §§956.4(b), when proposing WLPZ widths and protection measures. The plan shall identify such conditions, including where they may interact with proposed timber operations, that individually or cumulatively significantly and adversely affect the beneficial uses of water, and shall describe measures to protect and restore to the extent feasible, the beneficial uses of water. In proposing, reviewing, and approving such measures, preference shall be given to measures that are on-site, or to offsite measures where sites are located to maximize the benefits to the impacted portion of a watercourse or lake.
(2) As part of this field examination, the RPF or supervised designee shall map the location of spawning and rearing habitat for anadromous salmonids, and the condition of the habitat shall be evaluated using habitat typing that at a minimum identifies the pool, flatwater, and riffle percentages. The opportunity for habitat restoration shall be described within the plan for each Class I watercourse, and for each Class II watercourse that can be feasibly restored to a Class I.
(3) The mapping of conditions identified in subsection (a)(1) and (a)(2) above, and their protective measures, shall be sufficiently clear and detailed to permit the Director and the other review team representatives to evaluate the potential environmental impacts of timber operations, the proposed mitigation measures and the proposed restoration measures.
(4) The mapping of conditions identified in subsection (a)(1) and (a)(2) above, and their protective measures, shall be sufficiently clear and detailed to provide direction and clear guidance to the timber operator.
(5) The mapping of conditions identified in 14 CCR §956.4 subsections (a)(1) and (a)(2), and their protective and restoration measures, should be done at a scale of 1:2,400. In site-specific cases, the mapping of critical locations of corrective work and logging operation impacts shall be done at a scale of at least 1:240 when the Director determines it is necessary to evaluate the plan.
(6) One set of photocopies of recent stereo aerial photographs of the plan area may be required by the Director.
(b) The standard width of the WLPZ and/or the associated basic protection measures shall be determined from Table I (14 CCR 956.5), or Section 956.4(c), and shall be stated in the plan. A combination of the rules, the plan, and mitigation measures shall provide protection for the following:
a. Water temperature control.
b. Streambed and flow modification by large woody debris.
c. Filtration of organic and inorganic material.
d. Upslope stability.
e. Bank and channel stabilization.
f. Spawning and rearing habitat for salmonids
g. Vegetation structure diversity for fish and riparian wildlife habitat, possibly including but not limited to,
1. Vertical diversity
2. Migration corridor
3. Nesting, roosting, and escape
4. Food abundance
5. Microclimate modification
6. Snags
7. Surface cover
(1) Measures and the appropriate zone widths for the protection of the State's waters which have been taken from Table I (14 CCR 956.5) or developed under Section 956.4(c) shall be stated in the THP.
(2) All timber operations shall conform to the marking, flagging and other identification of protective measures specified in CCR 956.4 and 956.5 and the THP. Conformance shall be determined based on the evaluation of no less than a 200 foot lineal segment of each watercourse or lake.
(3) The width of the WLPZ shall be measured along the surface of the ground from the watercourse or lake transition line or in the absence of riparian vegetation from the top edge of the watercourse bank.
(4) Slopes shall be measured in percent for the proposed WLPZ. If topography within the proposed WLPZ is variable, segments of the proposed WLPZ should be segregated by slope class as indicated in Table I, 14 CCR 956.5.
(5) If requested by either party, and after on-the-ground inspection, the RPF and the Director may increase or decrease the width of a proposed WLPZ. A decrease shall not exceed 25 percent of the width as determined by the procedure prescribed in Sections 14 CCR 956.4(c), and 956.5. Such changes in zone width shall be based on considerations of soil, slope, biologic, hydrologic, and geologic values listed in Section 14 CCR 916.4(b), silvicultural methods, yarding systems, road location, and site preparation activities. In no case shall the width be adjusted to less than 50 feet for Class I and II waters. Where soil surfaced roads exist within the standard WLPZ, no in-lieu reduction of WLPZ width shall be approved.
(6) Within the WLPZ, at least 75 percent surface cover and undisturbed area shall be retained to act as a filter strip for raindrop energy dissipation, and for wildlife habitat.
This percentage may be adjusted to meet site specific conditions when proposed by the RPF and approved by the Director or where broadcast burning is conducted under the terms of a project type burning permit and in compliance with 14 CCR 955.2(b).
(c) The protection and WLPZ widths for Class III and Class IV waters shall prevent the degradation of the downstream beneficial use of water and shall be determined on a site-specific basis.
(1) Where operations occur adjacent to Class III watercourses, the RPF shall designate in the THP an equipment limitation zone (ELZ) of at least 25 feet where sideslope steepness is less than 30% and at least 50 feet where sideslope steepness is 30% or greater unless explained and justified otherwise in the THP and approved by the director. Class III watercourses within logging areas where the EHR is Low and the slopes are less than 30% shall not require an ELZ unless proposed by the RPF or required by the Director. The RPF shall describe the limitations on the use of heavy equipment in the THP. Where appropriate to protect the beneficial uses of water the RPF shall describe additional protection measures which may include surface cover retention, vegetation protection and timber falling limitations. The location of the areas of heavy equipment use in any ELZ shall be clearly described in the plan, or flagged or marked on the ground before the preharvest inspection. When necessary to protect the beneficial use of water, the RPF shall designate and the Director may require a WLPZ for Class III and Class IV waters or an ELZ for Class IV waters.
(2) The width of the WLPZ for Class III and Class IV waters shall be determined from on-site inspection. Minimum protective measures required when Class III and Class IV protection zones are necessary are contained in Table I 14 CCR 956.5.
(3) Soil deposited during timber operations in a Class III watercourse other than at a temporary crossing shall be removed and debris deposited during timber operations shall be removed or stabilized before the conclusion of timber operations, or before October 15. Temporary crossings shall be removed before the winter period, or as approved by the Director.
(4) When approved by the Director on an individual plan basis as provided in Section 14 CCR 956.4(c)(1) Class IV waters shall be exempted from required protection when such protection is inconsistent with the management objectives of the owner of the manmade watercourse.
(d) Heavy equipment shall not be used in timber falling, yarding, or site preparation within the WLPZ unless such use is explained and justified in the THP, and approved by the Director. 
(e) Flagging for heavy equipment use within the WLPZ adjacent to Class I waters and for all tractor road watercourse crossings of all watercourses must be completed before the preharvest inspection, if one is conducted or start of operations, whichever comes first. Flagging for heavy equipment use within the WLPZ adjacent to Class II, III and IV waters may be done at the option of the RPF or as required by the director on a site-specific basis.
(f) Subsection (d) does not apply to (1)-(4) below. Subsection (e) does not apply to (2)-(4) below.
(1) At prepared tractor road crossings as described in 954.8(b).
(2) Crossings of Class III watercourses which are dry at the time of timber operations.
(3) At existing road crossings.
(4) At new tractor and road crossings approved as part of the Fish and Game Code process (F&GC 1600 et. seq.)
NOTE

Authority cited: Sections 4551, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 21001(f), Public Resources Code; Sections 1600 and 5650(c), Fish and Game Code; Sections 100, 13000 and 13050(f), Water Code; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. New section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment of subsection (d) filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
4. Amendment and new subsection (b)(6) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
5. Amendment of subsections (d)-(d)(2) and new final subsections (1)-(4) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
6. Repealer and new subsection (c)(1), amendment of subsection (d), redesignation and amendment of former sections (d)(1)-(d)(2) as new subsection (e), and new subsection (f) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
7. Amendment of subsection (a) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
8. Editorial correction of subsection (d) (Register 99, No. 26).
9. Redesignation and amendment of portion of subsection (a) as (a)(1), new subsections (a)(2)-(6), amendment of subsection (b), new subsection (b)f. and subsection relettering filed 12-1-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
§956.5. Procedure for Determining Watercourse and Lake Protection Zone (WLPZ) Widths and Protective Measures.
Note     •     History

The following procedure for determining watercourse and lake protection zone (WLPZ) widths and protective measures. The following procedure for determining WLPZ widths and protective measures shall be followed:
(a) The following information shall be determined from field investigation:
(1) The location of all lakes and watercourses including man made watercourses.
(2) The existing and restorable beneficial uses of the waters to be protected as identified in subsection (1) above.
(3) The side slope classes for the individual class waters to be protected (e.g. < 30%, 30-50%,), where side slope is measured from the watercourse or lake transition line to a point 100 feet upslope from the watercourse or lake transition line, or, in the absence of riparian vegetation, from the top of the watercourse bank. Where slope configurations are variable, a weighted average method shall be used to determine sideslope percent.
(b) The beneficial uses noted from the field investigations in subsection (a) shall be compared to the characteristics or key beneficial uses listed in Row 1 of Table I (14 CCR 956.5) to determine the water classes (e.g. I, II, III, IV, Row 2).
(c) The standard protection zone width differentiated by slope classes determined in subsection (a) are shown in Rows 4-7, Table I (14 CCR 956.5). These widths may be modified as stated in 14 CCR 956.4(b)(5).
(d) The alphabetical letter designations A through I in Rows 4-7, Table 1 14 CCR 956.5, and described in subsection (e) to Table I indicate the standard protective measures to be applied to the classes of water as determined in subsection (b) above. 
(e) The letter designations shown in the “Protective Measures and Widths” column in Table I correspond to the following:
“A” WLPZ shall be clearly identified on the ground by the RPF who prepared the plan, or supervised designee, with paint, flagging, or other suitable means prior to the preharvest inspection. For nonindustrial timber management plans, sample identification of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and be consistent with the applicable provisions of 14 CCR §§956.4 and 956.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample identification is adequate for plan evaluation during the preharvest inspection. If sample identification is allowed, the remaining WLPZ shall be identified by an RPF or supervised designee prior to the start of timber operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified.

View Graphic
“B” WLPZ shall be clearly identified on the ground by an RPF or supervised designee, with paint, flagging, or other suitable means, prior to the start of timber operations. In watersheds with listed anadromous salmonids, on the ground identification of the WLPZ shall be completed prior to the preharvest inspection. For all nonindustrial timber management plans, sample identification of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and be consistent with the applicable provisions of 14 CCR §§956.4 and 956.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample identification is adequate for plan evaluation during the preharvest inspection. If sample identification is allowed, the remaining WLPZ shall be identified by an RPF or supervised designee prior to the start of timber operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified.
“C” In site-specific cases, the RPF may provide in the plan, or the director may require, that the WLPZ be clearly identified on the ground with flagging or by other suitable means prior to the start of timber operations.
“D” To ensure retention of shade canopy filter strip properties of the WLPZ and the maintenance of a multi-storied stand for protection of values described in 14 CCR §956.4(b), residual or harvest trees shall be marked, including a base mark below the cut-line within the WLPZ by the RPF, or supervised designee. Outside of watersheds with listed anadromous salmonids, sample marking prior to the preharvest inspection is satisfactory in those cases where the Director determines it is adequate for plan evaluation. When sample marking has been used, the remaining WLPZ shall be marked in advance of falling operations by the RPF, or supervised designee. In watersheds with threatened or impaired values, trees shall be marked in advance of the preharvest inspection. For all nonindustrial timber management plans, sample marking of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and shall be consistent with the applicable provisions of 14 CCR §§956.4 and 956.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample mark is adequate for plan evaluation during the preharvest inspection. If sample marking is allowed, the remaining WLPZ shall be marked by an RPF, or supervised designee, prior to the start of timber operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified.
“E” To ensure retention of shade canopy filter strip properties of the WLPZ and the maintenance of a multi-storied stand for protection of values described in 14 CCR §956.4(b), residual or harvest trees shall be marked, including a base mark below the cut line, within the WLPZ by the RPF or supervised designee. Outside of watersheds with listed anadromous salmonids, tree marking shall be done prior to timber falling operations. In watersheds with listed anadromous salmonids, trees shall be marked in advance of the preharvest inspection. For all nonindustrial timber management plans, sample marking of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and shall be consistent with the applicable provisions of 14 CCR §§956.4 and 956.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample mark is adequate for plan evaluation during the preharvest inspection. If sample marking is allowed, the remaining WLPZ shall be marked by an RPF or supervised designee prior to the start of timber operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified. 
“F” Residual or harvest tree marking within the WLPZ may be stipulated in the THP by the RPF or required by the Director in site-specific cases to ensure retention of filter strip properties or to maintain soil stability of the zone. The RPF shall state in the THP if marking was used in these zones.
“G” To protect water temperature, filter strip properties, upslope stability, and fish and wildlife values, at least 50% of the overstory and 50% of the understory canopy covering the ground and adjacent waters shall be left in a well distributed multi-storied stand composed of a diversity of species similar to that found before the start of operations. The residual overstory canopy shall be composed of at least 25% of the existing overstory conifers. Species composition may be adjusted consistent with the above standard to meet on-site conditions when agreed to in the THP by the RPF and the Director.
“H” At least 50 percent of the understory vegetation present before timber operations shall be left living and well distributed within the WLPZ to maintain soil stability. This percentage may be adjusted to meet on-site conditions when agreed to by the RPF and the Director. Unless required by the Director, this shall not be construed to prohibit broadcast burning with a project type burning permit for site preparation.
“I” To protect water temperature, filter strip properties, upslope stability, and fish and wildlife values, at least 50% of the total canopy covering the ground shall be left in a well distributed multi-storied stand configuration composed of a diversity of species similar to that found before the start of operations. The residual overstory canopy shall be composed of at least 25% of the existing overstory conifers. Due to variability in Class II watercourses these percentages and species composition may be adjusted to meet on-site conditions when agreed to by the RPF and the Director in the THP.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4513, 4551.5 and 21001(f), Public Resources Code; Sections 100, 13000 and 13050(f), Water Code; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. New section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27). 
3. Amendment of section heading, section, and Table I filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
4. Amendment of subsections (e)“B,” “D” and “E” filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
5. Amendment of subsection (e) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
6. Editorial correction of subsection (e) (Register 97, No. 48).
7. Editorial correction of table heading (Register 99, No. 26).
8. Amendment of subsection (e) filed 11-16-2006; operative 1-1-2007 pursuant to Public Resources Code section 4554.5 (Register 2006, No. 46).
9. Amendment of subsection (e) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§956.6. Alternative Watercourse and Lake Protection.
Note     •     History

(a) Alternative prescriptions for the protection of watercourses and lakes may be developed by the RPF or proposed by the Director on a site-specific basis provided the following conditions are complied with and the alternative prescriptions will achieve compliance with the standards set forth in 956.3 and 956.4(b):
(1) The following information regarding an alternative prescription shall be included in the THP:
(A) An identification of each standard prescription which would be replaced by the alternative prescription.
(B) An identification of any beneficial uses of water or other features listed in 14 CCR 956.4(b), which may be adversely affected by the replaced standard prescription and the alternative practice.
(C) An evaluation of any significant effects on such beneficial uses or features due to implementation of the alternative prescription.
(D) A clear and complete explanation and justification as to the reasons why, given site-specific technical, environmental, economic, or institutional considerations, an alternative prescription is needed. The reasons given must include at least one of the following:
1. Implementation of the specified standard prescriptions would not be feasible.
2. Implementation of the specified standard prescriptions) would not adequately prevent or reduce damage to the quality and beneficial uses of water.
3. Implementation of the proposed alternative prescription(s) would provide equal or greater protection, including all proposed mitigations for the quality and beneficial uses of water and those features listed in 956.4(b), than would implementation of the specified standard prescriptions.
(E) A plan for evaluating the results of the proposed alternative practice by either the plan submitter or the Director. The plan must include the criteria and procedures for evaluating and inspecting each approved alternative practice.
(2) The alternative measures stated in the plan shall be written so that they provide clear, enforceable standards for the guidance of the timber operator.
(3) Prior to beginning or continuing an operation in which alternative measures have been added to an approved THP in regard to watercourse and lake protection measures, the timber operator shall acknowledge the new specifications by signing and filing with the director, a copy of the amended plan.
(b) The director shall not accept for inclusion in a THP alternative watercourse and lake protection measures which do not meet the standard of subsection (a) of this section. In the event that written comments received from two or more agencies listed in 4582.6 PRC and 14 CCR 1037.3 and which participated in review of the plan, including on-the-ground inspection, lead to the conclusion that the proposed alternative does not meet the criteria of Section 956.5, and is therefore not consistent with rules of the Board, the director shall reject the proposed alternative.
(c) Alternative practices stated in an approved THP shall have the same force and authority as those practices required by the standard rule.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513 and 4551.5, Public Resources Code; and USC Section 1288(b)(2)(F).
HISTORY

1. New section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-30-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27). 
3. Amendment of subsection (a), repealer of subsection (a)(1), new subsections (a)(1)(A)-(E), and amendment of subsection (b) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
§956.7. Reduction of Soil Loss.
Note     •     History

Within the watercourse and lake protection zone adjacent to Class I and Class II waters, areas where mineral soil exceeding 800 continuous square feet in size, exposed by timber operations, shall be treated for reduction of soil loss. Treatment shall be done prior to October 15th except that such bare areas created after October 15th shall be so treated within 10 days, or as agreed to by the director. Stabilization measures shall be included and explained in the THP or other required notices. Stabilization measures shall be selected that will prevent significant movement of soil into Class I and II waters and may include, but need not be limited to, mulching, rip-rapping, grass seeding, or chemical soil stabilizers.
(a) This section does not apply to the traveled surface of roads. Erosion control measures on road surfaces are specified in 14 CCR 963.
(b) Where mineral soil has been exposed by timber operations on approaches to watercourse crossings of Class I or II waters, or Class III waters if an ELZ or WLPZ is required, the disturbed area shall be stabilized to the extent necessary to prevent the discharge of soil into watercourses or lakes in amounts deleterious to the quality and beneficial uses of water.
(c) Where necessary to protect beneficial uses of water from timber operations, protection measures, such as seeding, mulching, or replanting, shall be specified to retain and improve the natural ability of the ground cover within the standard width of the WLPZ to filter sediment, minimize soil erosion, and stabilize banks of watercourses and lakes.
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4562.5 and 4562.7, Public Resources Code; 40 CFR 35.1505; and 33 USC Section 1288(b)(2)(F).
HISTORY

1. New section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-30-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27). 
3. New subsections (a) and (b) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
4. Editorial correction of subsection (b) (Register 95, No. 41).
5. Editorial correction inserting inadvertently omitted first paragraph (Register 96, No. 50).
6. New subsection (b) and subsection relettering filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
§956.8. Sensitive Watersheds.
Note     •     History

The Board, at a public hearing, shall determine whether nominated planning watersheds are “sensitive” to further timber operations.  Classifications of a water shed as “sensitive” shall be supported by substantial evidence that a condition, or conditions, exist(s) where further timber operations within the planning watershed will create a reasonable potential to cause, or contribute to ongoing, significant adverse cumulative effect(s) on the resources identified in 916.8(a)(3) [936.8(a)(3), 956.8(a)(3)], and as set forth in Technical Rule Addendum No. 2 (14 CCR 912.9) [932.9, 952.9] and that mitigation of such significant cumulative effects requires the application of protection measures not required by the Forest Practice Rules.  For all planning watersheds classified as “sensitive”, the Board shall identify the specific resources which are sensitive to further timber operations and specific mitigation measures that will provide the necessary protection of the sensitive resource(s).  A Board finding that a planning watershed is no longer sensitive shall be supported by substantial evidence that such conditions no longer exist.  Unless and until a planning watershed(s) is classified as sensitive and any necessary rulemaking completed, the existing rules shall apply.
(a) Nomination process:
The Director, local, state, or federal agencies and the public may nominate planning watersheds to the Board and shall provide evidence supporting classification of the watershed as sensitive.  The nominator shall discuss the effects that further timber operations will have on the specific resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3), 956.8(a)(3)] which are at risk within the nominated watershed and specify those effects not sufficiently addressed under the forest practice rules and discuss the significance of the effects in light of the condition of the resources in areas adjacent to the planning watershed.  Such nominations must be accompanied by the following information, descriptions, documents, or maps as appropriate:
1. Name, approximate size and location of the watershed(s) identified by county, township and range, and name(s) of USGS topographic map(s) on which the planning watershed is found.
2. The name of the higher-order stream, if any, to which the watershed is tributary.
3. Specific resources that are significantly threatened by further timber operations on non-federal timberland in the nominated watershed, including, as appropriate, but not limited to:
A. fish, aquatic organisms, aquatic habitat, or riparian habitat;
B. domestic and other water supplies, water quality, other beneficial uses of water existing at the time of nomination or factors related to the stream system and channel morphology.
C. downstream reservoirs, navigable channels, water diversion and transport facilities, estuaries, and harbors;
D. wildlife species, or the habitat of species, listed under state or federal law as rare, threatened or endangered, candidate, or sensitive, including discussion of the habitat features threatened by timber operations;
E. wildlife species with narrow geographic range, low density, low reproductive rates, and highly dependent on localized habitat features, including discussion of the habitat features threatened by timber operations and a discussion of why protective measures are required to prevent a loss of population viability.
4. Natural or management-induced conditions present in the watershed which pose a significant threat to the resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above, including, as appropriate, but not limited to:
A. steep slopes and easily destabilized soils;
B. continuing landslide or soil erosion problems related to past or ongoing land-use activities;
C. extensive ground disturbance, particularly associated with roads, skid trails, landings, and watercourse crossings;
D. accelerated aggradation, streambank erosion, and channel scouring;
E. changes in the habitat or condition of wildlife species identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above.
F. accelerated rates of proposed road construction or timber harvesting within a watershed or near streams or springs. 
5. Approved Habitat Conservation Plans or other documents approved or under review by public agencies within the nominated watershed which provide for maintenance or improvement over time of management induced conditions within or adjacent to the planning watershed or forest district.
6. Suggested, feasible mitigation measures needed, in addition to current forest practice rules, to provide adequate protection for resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above, and to mitigate or avoid new or continuing significant cumulative effects related to timber operations, including, but not limited to, restoration or rehabilitation of degraded resources within any portion of the proposed sensitive watershed.
7. Other information about the watershed that may assist the Board to evaluate the nomination.
8. Literature citations, expert written opinion, and other relevant sources of information and, where possible, copies of information used to complete the nomination.
9. A list of names and mailing addresses of the following:
A. landowners of 40 acres or more of lands zoned for timber production in the planning watershed;
B. public water purveyors and known private purveyors within the planning watershed;
C. commonly known watershed associations within the planning watershed;
D. commonly known neighborhood or community associations within the planning watershed;
E. chairman, county board of supervisors;
F. chairman, county planning commission;
G. local manager for any public agency having custodial responsibility for timberlands within the planning watershed; and
H. district or local representatives for review team agencies.
10. A draft notice for newspaper publication containing the information in (a)(1)-(3), a statement that a public hearing will be scheduled before the Board within 60 days of Board receipt of a nomination forwarded by the committee, and a statement that further information can be obtained from the local Department Ranger Unit Headquarters.
(b) Notice Process
The Board shall mail notice of the nominated watershed, as provided in (a)10, to the addresses of parties described in 9 A-H and shall publish the provided notice one time in a newspaper with general circulation in the county containing the planning watershed.  Such notice shall be provided following a determination that information contained in the nomination meets the requirements of 14 CCR 916.8(a) [936.8(a) and 956.8(a)], above.
(c) Screening Process:
Before consideration by the Board, nominations shall be screened for compliance with the informational requirements by a nominations review committee, which may consist of the appropriate District Technical Advisory Committee or other Board Committee, as determined by the Board.  The nominations review committee shall consult with CDF, the appropriate Regional Water Quality Control Board, the Department of Fish and Game, the Division of Mines and Geology, and other(s) as deemed necessary to determine whether the nomination is supported by substantial evidence.  The nominations review committee shall then forward a recommendation for approval or denial of the nomination to the Board within 120 days of the date of receipt by the committee, or such longer time provided by the Board.  The nominations review committee shall describe its specific reason(s) for recommending approval or denial of the nomination.  In the event that the committee forwards a recommendation for approval, it shall describe the substantial evidence which supports nomination, including specific reasons why the current forest practice rules are inadequate to protect the specific resources at risk and shall provide the following information:
1. A list of which resource is threatened and by which timber operations;
2. if possible, performance standard(s) for timber operations that will avoid or mitigate new or continuing significant cumulative effects;
3. additional information that is needed for evaluating the impacts of proposed timber operations and is to be included in harvesting plans submitted in the planning watershed; 
4. Onsite mitigation measures in addition to the current forest practice rules, which can be required by the Director to mitigate the impacts of timber operations within the watershed;
5. Offsite mitigation measures that can be applied within or outside of the sensitive watershed area to offset adverse on-site impacts of timber operations.  If such mitigation measures are proposed to protect the resources discussed in subdivision (a)(3)(A) and (B), they must occur in the same drainage.  Such measures may include, but are not limited to, voluntary mitigation agreements among ownerships.
6. If needed, recommended alternatives to evaluate the implementation and effectiveness of mitigations required under this section.
7. Exemptions for ownerships, emergencies, or land-use classifications that are different than those provided in the current forest practice regulations and that may be applied in the watershed.
(d) Public hearing Process:
The Board shall consider the recommendations of the nominations review committee at a public hearing on classification of the planning watershed, which will be held within 60 days of receipt from the committee.  The watershed nomination and recommendations of the committee will be made available to the public between the date of receipt by the Board and the public hearing.  Recommendations adopted by the Board which have the effect of a regulation shall be processed in accordance with the Administrative Procedures Act (Section 11340. et seq. Gov. Code).
NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21000(b), (f), 21002 and 21002.1, Public Resources Code; and 33 USC 1288(b)(2)(F).
HISTORY

1. New section filed 1-7-94; operative 3-1-94 (Register 94, No. 1). For prior history, see  Register 92, No. 40.
§956.9. Protection and Restoration of the Beneficial Functions of the Riparian Zone in Watersheds with Listed Anadromous Salmonids.
Note     •     History

In addition to all other district Forest Practice Rules, the following requirements shall apply in any watershed with listed anadromous salmonids. Requirements of 14 CCR §956.9 precede other sections of the FPRs. 
[Effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective] In addition to all other district Forest Practice Rules, the following requirements shall apply in any planning watershed with threatened or impaired values, except in watersheds with coho salmon where the standards listed under 916.9.1 and 916.9.2 shall apply:
Geographic scope -- Requirements for watersheds with listed anadromous salmonids differ depending on the geographic location of the watershed and geomorphic characteristics of the watercourse. Unique requirements for watersheds with listed anadromous salmonids are set forth for 1) watercourses in the coastal anadromy zone with confined channels, 2) watercourses with flood prone areas or channel migration zones, and 3) watercourses with confined channels located outside the coastal anadromy zone.
Watersheds which do not meet the definition of “watersheds with listed anadromous salmonids” are not subject to this section except as follows: The provisions of 14 CCR §§956.9, subsections (k)-(q), 963.3 and 963.9 also apply to planning watersheds immediately upstream of, and contiguous to, any watershed with listed anadromous salmonids for purposes of reducing significant adverse impacts from transported fine sediment. Projects in other watersheds further upstream that flow into watersheds with listed anadromous salmonids, not otherwise designated above, may be subject to these provisions based on an assessment consistent with cumulative impacts assessment requirements in 14 CCR §§898 and 952.9 and Technical Rule Addendum No. 2, Cumulative Impacts Assessment. These requirements do not apply to upstream watersheds where permanent dams attenuate the transport of fine sediment to downstream watercourses with listed anadromous salmonids.
(a) Goal -- Every timber operation shall be planned and conducted to protect, maintain, and contribute to restoration of properly functioning salmonid habitat and listed salmonid species. To achieve this goal, every timber operation shall be planned and conducted to: 
(1) Comply with the terms of a Total Maximum Daily Load (TMDL).
(2) Prevent significant sediment load increase to a watercourse system or lake. 
(3) Prevent significant instability of a watercourse channel or of a watercourse or lake bank. 
(4) Prevent significant blockage of any aquatic migratory routes for any life stage of anadromous salmonids or listed species. 
(5) Prevent significant adverse effects to streamflow.
(6) Consistent with the requirements of 14 CCR § 956.9, subsections (f), (g), (h) and (v), protect, maintain, and restore trees (especially conifers), snags, or downed large woody debris that currently, or may in the foreseeable future, provide large woody debris recruitment needed for instream habitat structure and fluvial geomorphic functions. 
(7) Consistent with the requirements of 14 CCR § 956.9, subsections (f), (g), (h) and (v), protect, maintain, and restore the quality and quantity of vegetative canopy needed to: 
(A) provide shade to the watercourse or lake to maintain daily and seasonal water temperatures within the preferred range for anadromous salmonids or listed species where they are present or could be restored; and 
(B) provide a deciduous vegetation component to the riparian zone for aquatic nutrient inputs. 
(8) Prevent significant increases in peak flows or large flood frequency. 
(b) Pre-plan adverse cumulative watershed effects -- Pre-plan adverse cumulative watershed effects on the populations and habitat of anadromous salmonids shall be considered. The plan shall specifically acknowledge or refute that such effects exist. When the proposed timber operations, in combination with any identified pre-plan watershed effects, will add to significant adverse existing cumulative watershed effects, the plan shall set forth measures to effectively reduce such effects. 
(c) Objectives for timber operations or silvicultural prescriptions in WLPZs -- Any timber operation or silvicultural prescription within any watercourse or lake protection zone shall have protection, maintenance, or restoration of the beneficial uses of water, and properly functioning salmonid habitat and listed aquatic or riparian-associated species as significant objectives. Specific objectives are described below.
(1) Core Zone: The primary objective for this zone is streamside bank protection to promote bank stability, wood recruitment by bank erosion, and canopy retention. Timber operations are generally excluded from this zone and limited to actions which meet the objectives stated above or improve salmonid habitat consistent with 14 CCR §956.9 subsections (a) and (c).
(2) Inner Zone: The primary objective for this zone is to develop a large number of trees for large wood recruitment, to provide additional shading, to develop vertical structural diversity, and to provide a variety of species (including hardwoods) for nutrient input. This is accomplished through the establishment of high basal area and canopy retention by retaining or more rapidly growing a sufficient number of large trees. Additional specific objectives include locating large trees retained for wood recruitment nearer to the Core Zone and maintaining or improving salmonid habitat on flood prone areas and CMZs when present. Timber operations within WLPZs are limited to those actions which meet the objectives stated above or to improve salmonid habitat consistent with 14 CCR §956.9 subsection (a) and (c).
(3) Outer Zone: The primary objective for this zone is to buffer the Inner and Core Zones and to provide the following functions: 1) wind resistance where windthrow is common or likely to occur, 2) additional wood recruitment, 3) microclimate control in the Inner or Core Zones for purposes other than limiting water temperature change, 4) habitat for terrestrial wildlife species that depend on riparian areas, and 5) an additional sediment filter on steeper slopes with high or moderate erosion hazard rating when tractor operations are proposed.
(4) Class II large watercourses (Class II-L): The primary objective is to maintain, protect or restore the values and functions of Class II-L type watercourses described below. Class II-L type watercourses: (i) can supply water and nutrients to a Class I watercourse during the month of July during a year of average precipitation and runoff as derived from long-term average precipitation data sets available from CAL FIRE, U.S. Geological Survey, or National Oceanic and Atmospheric Administration (NOAA), (ii) can supply coarse and fine sediment to the Class I channel, and (iii) may be able to supply wood of a size that would function as large wood for the Class I watercourse. Recruitment, delivery and retention of large wood in Class II- L type watercourses is also critical, as large wood increases sediment storage and decreases the rate of sediment transport to fish-bearing Class I watercourses. Other objectives stated in 14 CCR §956.9 subsections (c)(1) and (2) above for the Core Zone and Inner Zone are also desired objectives for Class II-L type watercourses. 
(5) A primary objective for all WLPZs is to implement practices to maintain, protect and contribute to restoration of properly functioning salmonid habitat and repair conditions detrimental to the species or species habitat. Practices to meet this objective include, but are not limited to, thinning for increased conifer growth; felling or yarding trees for wood placement in the channel; restoration of conifer deficient areas; management to promote a mix of conifers and hardwoods; abandonment and upgrading of non- functioning or high risk roads, watercourse crossings, tractor roads, and landings; and fuel hazard reduction activities that will reduce fire hazards and stand replacing wildfires which would result in significant adverse effects to salmonid species or riparian habitat. 
(d) Measures to Offset Adverse Watershed Effects --
(1) The plan shall fully describe: (A) the type and location of each measure needed to fully offset sediment loading, thermal loading, and potential significant adverse watershed effects from the proposed timber operations, and (B) the person(s) responsible for the implementation of each measure, if other than the timber operator. 
(2) In proposing, reviewing, and approving such measures, preference shall be given to the following: (A) measures that are both onsite (i.e., on or near the plan area) and in-kind (i.e., erosion control measures where sediment is the problem), and (B) sites that are located to maximize the benefits to the impacted portion of a watercourse or lake. Out-of-kind measures (i.e., improving shade where sediment is the problem) shall not be approved as meeting the requirements of this subsection. 
(e) Channel zone requirements --
(1) There shall be no timber operations within the channel zone with the following exceptions: 
(A) Actions directed to improve salmonid habitat with review and concurrence by DFG. 
(B) Actions necessary for the construction, reconstruction, removal, or abandonment of approved watercourse crossings. 
(C) Actions necessary for the protection of public health, safety and general welfare. This includes actions necessary to protect infrastructure facilities including, but not limited to, roads, bridges, powerlines, utilities, water drafting structures, homes, and other legally permitted structures.
(D) Actions to allow for full suspension cable yarding when necessary to transport logs through the channel zone. 
(E) Class III watercourses consistent with 14 CCR §956.9 subsection (h)(7).
(F) Actions reviewed by the RWQCB which seek to correct or remediate adverse impacts to the beneficial uses of water. 
(2) In all instances where trees are proposed to be felled within the channel zone, a base mark shall be placed below the cut line of the harvest trees within the zone. Such marking shall be completed by the RPF that prepared the plan, or a supervised designee, prior to the preharvest inspection. 
(f) Class I watercourses --
(1) For Class I watercourses, where fish are always or seasonally present or where fish habitat is restorable, any plan involving timber operations within the WLPZ shall contain the following information:
(A) Clear and enforceable specifications of timber operations within the Class I WLPZ, including a description of how any disturbance, or log or tree cutting and removal shall be carried out to conform with 14 CCR §§956.2, subsection (a) and 956.9, subsection (a). 
(B) A description of all existing permanent logging road watercourse crossings. 
(C) Clear and enforceable specifications describing how these crossings are to be modified, used, and treated to minimize risks, giving special attention to allowing fish to pass both upstream and downstream during all life stages.
(D) Clear and enforceable specifications for construction and operation of any new crossing(s) of a Class I watercourse to prevent direct harm, habitat degradation, water velocity increase, hindrance of fish passage, or other potential impairment of beneficial uses of water.

	(E) Documentation of how proposed harvesting in the WLPZ contributes to the objectives of each zone stated in 14 CCR §956.9, subsection (c) and other goals in 14 CCR §956.9, subsection (a)(1)-(8). Documentation shall include the examinations, analysis, and other requirements listed in 14 CCR §956.4, subsection (a).
(2) Class I watercourses with confined channels in watersheds in the coastal anadromy zone: The following are the minimum requirements for WLPZ delineation and timber operations in Class I WLPZs in watersheds in the coastal anadromy zone where confined channels are present. WLPZ width ranges from 100-150 feet slope distance, depending on the silvicultural system applied above the WLPZ. Three Zones are established within the WLPZs: The Core Zone is nearest to the water, the Inner Zone is the middle zone contiguous to the Core Zone, and the Outer Zone is furthest from the water and contiguous to the Inner Zone. Graphic depictions of zones and the abbreviated descriptions of the silvicultural prescriptions and operational requirements are shown in Figure 4. Table 1 specifies the enforceable standards to be used for protection of Class I watercourses for the area included in the coastal anadromy zone:
(A) Core Zone: The minimum width of the Core Zone shall be 30 feet measured from the watercourse transition line or lake transition line. No timber operations are permitted in this zone except for those listed in 14 CCR §956.9, subsection (e)(1) (A)-(F), or those approved pursuant to 14 CCR §956.9, subsection (v). Sanitation-Salvage is prohibited except as provided in 14 CCR §956.9, subsections (s), (t), and (u). 
(B) Inner Zone: The minimum width of the Inner zone shall be 70 feet measured from the landward edge of Core Zone. Timber operations are permitted in this zone when conducted to meet the goals of this section, objectives for the Inner Zone in 14 CCR §956.9, subsection (c)(2), pursuant to 14 CCR §956.9, subsections (e)(1)(A)-(F), or pursuant to 14 CCR §956.9, subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements: 
1. When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand. 
2. Sanitation-Salvage is prohibited except as provided in 14 CCR §956.9, subsections (s), (t), and (u). 
3. Postharvest stand shall have a minimum 80% overstory canopy cover in the Coast and Southern Forest Districts of the coastal anadromy zone and a minimum 70% overstory canopy cover in the Northern Forest District of the coastal anadromy zone. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
4. Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
5. Large trees retained to meet 14 CCR §956.9, subsections (f)(2)(B)(1.) and (3.) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g., trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees. 
(C) Outer Zone: The minimum width of the Outer Zone shall be 50 feet measured from the landward edge of Inner Zone. This zone is required where evenaged regeneration methods, seed tree removal, shelterwood removal, alternative prescriptions declared under 14 CCR §953.6, subsection (b)(3) as most related to any evenaged silvicultural system, variable retention or rehabilitation of understocked areas will be utilized contiguous to the watercourse and lake protection zone. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Outer Zone in 14 CCR §956.9, subsection (c)(3), and (5), pursuant to 14 CCR §956.9, subsection (e)(1)(A)-(F), or pursuant to 14 CCR §956.9, subsection (v). Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. Postharvest stand shall have a minimum 50% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
2. Priority shall be given to retain wind firm trees. 
(D) Preferred Management Practices in the Inner and Outer Zones: When timber operations are considered pursuant to 14 CCR §§956.3, subsection (c) and 956.4, subsection (d), the following Preferred Management Practices should be considered for inclusion in the Plan by the RPF and by the Director:
1. Preflagging or marking of any skid trails before the preharvest inspection;
2. Heavy equipment should be limited to slopes less than 35% with low or moderate EHRs; 
3. Use feller bunchers or hydraulic heel boom loaders which do not drag/skid logs through the zone;
4. Minimize turning of heavy equipment which would result in increased depth of ground surface depressions; and
5. Use mechanized harvesting equipment which delimb harvested trees on pathway over which heavy equipment would travel. 
(E) Additional Special Operating Zone: For situations contiguous to the Outer Zone where evenaged regeneration methods, seed tree removal step, shelterwood removal step, alternative prescriptions declared under 14 CCR §953.6, subsection (b)(3) as most related to any evenaged silvicultural system, variable retention or rehabilitation of understocked areas with the same effect as a clearcut is used, slopes are greater than 50%, and the Outer Zone is located on any north aspect, the RPF shall consider the need for a special operating zone for purposes of shading the watercourse from direct low angle solar radiation from beneath the overstory canopy that is expected to have a potential significant adverse impact on water temperature. When the special operating zone is needed, the special operating zone shall retain understory and mid-canopy conifers and hardwoods. These trees shall be protected during falling, yarding and site preparation to the extent feasible. Width of the zone shall be 50 feet measured from the landward edge of the Outer Zone. 

Table 1: Procedure for Determining WLPZ Widths and Protective Measures 
Class I WLPZs -- Confined Channels -- Coastal Anadromy Zone

View Graphic

Figure 4: Graphic of profile view of Class I WLPZ with confined channels in watersheds in the coastal anadromy zone (not to scale)

View Graphic

Outer Zone:
50 ft. Outer Zone required only when even aged silv. system contiguous to WLPZ
Modified commercial thinning or single tree selection
50% overstory canopy (OSC)

	Inner Zone:
	Modified commercial thinning or single tree selection
	Increase QMD
	No Sanitation Salvage
	Retain 80% OSC in the Coast and Southern Forest Districts of the coastal anadromy
	zone and 70% OSC in the Northern Forest District of the coastal anadromy zone
	Retain 13 largest trees/ac.
(3) Class I watercourses with flood prone areas or channel migration zones: The following are the minimum requirements for WLPZ delineation and timber operations in Class I WLPZs in locations where flood prone areas and/or CMZs are present. WLPZ widths vary depending on the extent of the flood prone area and silvicultural system applied contiguous to the WLPZ. 
There are up to 5 zones established within the WLPZ: The CMZ (when present), the Core Zone is the portion of the flood prone area nearest the water (and contiguous to the CMZ when present), the Inner Zone A is contiguous to the Core Zone , the Inner Zone B is contiguous to Inner Zone A and extends to the landward edge of the flood prone area, and the Outer Zone is hillslope area and is contiguous to the Inner Zone B and landward perimeter of the flood prone area. Table 2 specifies the enforceable standards to be used for protection of Class I watercourses with flood prone area or channel migration zones. The zones and the abbreviated descriptions of the silvicultural prescriptions, and operational requirements are shown in Figure 5.
(A) Channel Migration Zone: When a CMZ is present, no timber operations are permitted in this zone except for those listed in §956.9, subsection (e)(1)(A)-(F), or pursuant to 14 CCR §956.9, subsection (v). 
(B) Core Zone: The minimum width of the Core Zone shall be 30 feet measured from the watercourse transition line or lake transition line. No timber operations are permitted in this zone except for those listed in 14 CCR §956.9, subsection (e)(1) (A)-(F), or those approved pursuant to 14 CCR §956.9, subsection (v). Sanitation-Salvage is prohibited except as provided in 14 CCR §956.9, subsections (s), (t), and (u).
(C) Inner Zone A: The Inner Zone A generally encompasses the portion of the flood prone area from 30 feet beyond the WTL (Core Zone perimeter) up to 150 feet from the WTL. The minimum width of the Inner Zone A shall be the greater of the distance from the landward edge of the Core Zone to the landward edge of the Inner Zone A or 70 feet. The maximum width is 120 feet. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR §956.9, subsection (c)(2), pursuant to 14 CCR §956.9, subsections (e)(1) (A)-(F) or pursuant to 14 CCR §956.9, subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand.
2. Sanitation-Salvage is prohibited except as provided in 14 CCR §956.9, subsections (s), (t), and (u). 
3. Postharvest stand shall have a minimum 80% overstory canopy cover in the Coast and Southern Forest Districts of the coastal anadromy zone and a minimum 70% overstory canopy cover in all other watersheds with listed anadromous salmonids. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
4. Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
5. Large trees retained to meet 14 CCR §956.9, subsections (f)(3)(C)(1.) and (3.) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g. trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees. 
(D) Inner Zone B: The Inner Zone B is applicable when there are very wide flood prone areas. The Inner Zone B encompasses the portion of the flood prone area from the landward edge of the Inner Zone A (i.e.150 feet from the WTL) to the landward edge of the flood prone area. The landward edge of the Inner Zone B (i.e. the landward perimeter of the flood prone area) shall be established in accordance with flood prone area definitions in 14 CCR §895.1. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR §956.9, subsection (c)(2), 14 CCR §956.9, subsection (e)(A)-(F), or pursuant to 14 CCR §956.9, subsection (v). Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
2. Postharvest stand shall have a minimum 50% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
(E) Preferred Management Practices in the Inner Zone A and B of flood prone areas. When timber operations are considered pursuant to 14 CCR §956.3, subsection (c) and 956.4, subsection (d), the following Preferred Management Practices should be considered for inclusion in the Plan by the RPF and by the Director when timber operations are conducted in the Inner Zones of the flood prone area. 
1. Implement actions to improved salmonid habitat conditions: Implement maintenance and repair actions that contribute to improving undesired existing conditions and contribute to restoring properly functioning salmonid habitat. 
2. Minimize Yarding and Skidding: Skid trails, yarding corridors, falling activities, and log yarding, should not alter the natural drainage or flow patterns. EEZ of 30 feet should be applied near side channels and areas of ponding. Very limited, pre-flagged, pre-approved prior to falling skid trails shall be used and abandoned so as to minimize risk of becoming new secondary channels by flood flows. Minimize or exclude, to the extent feasible, tractor skidding/crossings over, through, or along secondary channels (protection of overflow channels is a key element). Locate tractor roads on high ground areas to the greatest extent possible. When feasible, use feller bunchers which do not drag/skid logs through the zone, minimize turning of equipment which would result in increased depth of ground surface depressions, and utilize mechanized harvesting equipment which delimbs harvested trees on the pathway over which equipment would travel. Cable yarding corridors should be located at wide intervals consistent with practices that use lateral yarding. Full suspension should be used when possible.
3. Minimize Soil Erosion and Prevent Discharge: Design timber operations to avoid turbid runoff by treating any ground disturbance greater than 100 square feet. Operations shall be conducted only in dry soil conditions. Avoid disturbance of vegetation not intended for harvest that could increase the likelihood of erosion or damages the reinforcing root network on the channel banks, including any secondary overflow channel. Restore any tracks or trails to an original surface.
4. Avoid Road and Landing Use: All new roads and landings shall be located outside of zone. When feasible, minimize use of existing roads and landings in the flood prone area. No servicing of equipment within the flood prone area. Exceptions include the use of road and landings to accomplish actions to improved salmonid habitat conditions stated 14 CCR 956.9, subsection (f)(3)(E)(1.) above.
5. Avoid Slash concentration and Site Preparation: Logging slash shall not be disposed of or concentrated in side channels. When slash is treated within the flood prone areas, scatter slash and avoid piling or other concentrations that may obstruct flows in side channels. When feasible, concentrate/mulch slash in tractor roads. No mechanical site preparation, broadcast burning or pile burning.
6. Delineate Zone on the Ground: Locations of all WLPZ zones and CMZs shall be designated on the ground.
7. Avoid Use of Water Drafting Sites: Water drafting sites shall be located outside flood prone areas when feasible (exceptions could include, but are not limited to, drafting from an existing watercourse crossing that is appropriately engineered to facilitate properly functioning salmonid habitat and those sites designed and permitted pursuant to a waste discharge or steam alteration permits.
8. Avoid Disturbance to Critical Flood Prone Area Habitat: Avoid disturbance of abandoned meanders, oxbox lakes, or other features that provide off-channel habitat for fish during flood flows. Avoid activities that could increase potential for diversion or avulsion of stream flow out of existing channel, including breaching or lowering the elevation of natural levees. Retain adequate hydraulic roughness provided by trees on the floodplain surface, thereby slowing flood water velocity on floodplains, attenuating peak flood flows, and allowing sediment to be deposited. Retain existing deciduous hardwoods preferential to anadromous salmonid species and down large woody debris.
(F) Outer Zone: The width of the Outer Zone is 50 feet measured from the landward edge of Inner Zone. This zone is required where evenaged regeneration methods, seed tree removal, shelterwood removal, alternative prescriptions declared under 14 CCR § 933.6, subsection (b)(3) as most related to any evenaged silvicultural system, variable retention or rehabilitation of understocked areas will be utilized contiguous to the watercourse and lake protection zone. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Outer Zone in 14 CCR §956.9, subsection (c)(3) and (5), pursuant to 14 CCR §936.9 subsection (e)(1) (A)-(F), or pursuant to 14 CCR §956.9, subsection (v). Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. Postharvest stand shall have a minimum 50% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy.
2. Priority shall be given to retain wind firm trees. 

Table 2: Procedure for Determining WLPZ Widths and Protective Measures 
Class I WLPZs -- with flood prone areas or channel migration zones

View Graphic

Figure 5: Graphic of Profile View of Class I WLPZ in flood prone areas and channel migration zones (not to scale) 

View Graphic

	Outer Zone:
	50 ft. Outer Zone required only when even aged silv. system contiguous to WLPZ
	Modified commercial thinning or single tree selection
	50% overstory canopy (OSC)
	
		Inner Zone B:
		Modified commercial thinning or single tree selection
		50% overstory canopy (OSC)
		Retain 13 largest trees/ac.
	
			Inner Zone A:
			Modified commercial thinning or single tree selection
			Increase QMD
			No Sanitation Salvage
			Retain 80% OSC in the Coast and Southern Forest Districts of the coastal anadromy
			zone and 70% OSC in all other watersheds
			Retain 13 largest trees/ac.
(4) Class I watercourses with confined channels outside watersheds in the coastal anadromy zone: The following are the minimum requirements for WLPZ delineation and timber operations in Class I WLPZs in locations outside of watersheds in the coastal anadromy zone where confined channels are present. WLPZ width is 100 feet slope distance, with an additional 25 foot ELZ depending on the silvicultural system applied contiguous to the WLPZ. Three zones are established within the WLPZs: The Core Zone is nearest to the water, the Inner Zone is the middle zone contiguous to the Core Zone, and the Outer Zone is furthest from the water and contiguous to the Inner Zone. Graphic depiction of zones and the abbreviated descriptions of the silvicultural prescriptions and operational requirements are shown in Figure 6. Table 3 specifies the enforceable standards to be used for protection of Class I watercourses for the area outside the coastal anadromy zone:
(A) Core Zone: The minimum width of the Core Zone shall be 30 feet measured from the watercourse transition line or lake transition line. No timber operations are permitted in this zone except for those listed in 14 CCR §956.9, subsection (e)(1)(A)-(F), or those approved pursuant to 14 CCR §956.9, subsection (v). Sanitation-Salvage is prohibited except as provided in 14 CCR §956.9, subsections (s), (t), and (u).
(B) Inner Zone: The minimum width of the Inner Zone shall be 40 feet measured from the landward edge of Core Zone. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR §956.9, subsection (c)(2), pursuant to 14 CCR §956.9, subsections (e)(1) (A)-(F) or pursuant to 14 CCR §956.9, subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand.
2. Sanitation-Salvage is prohibited except as provided in 14 CCR §956.9, subsections (s), (t), and (u). 
3. Postharvest stand shall have a minimum 70% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
4. Postharvest stand shall retain the 7 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
5. Large trees retained to meet 14 CCR §956.9, subsections (f)(4)(B)(1.) and (3.) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g., trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees. 
(C) Outer Zone: The minimum width of the Outer Zone shall be 30 feet measured from the landward edge of Inner Zone. When evenaged regeneration methods, seed tree removal, shelterwood removal, alternative prescriptions declared under 14 CCR §953.6, subsection (b)(3) as most related to any evenaged silvicultural system, variable retention, or rehabilitation will be utilized contiguous to watercourse and lake protection zones, an additional 25 foot ELZ is required contiguous to the Outer Zone.
Timber operations are permitted in the Outer Zone when conducted to meet the goals of this section, including those for the Outer Zone in 14 CCR §956.9, subsection (c)(3) and (5) pursuant to 14 CCR §956.9, subsection (e)(1) (A)-(F), or pursuant to 14 CCR §956.9, subsection (v). Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
1. Postharvest stand shall have a minimum 50% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy.
2. Priority shall be given to retain wind firm trees.
(D) Preferred Management Practices in the Inner and Outer Zone: When timber operations are considered pursuant to 14 CCR §§956.3, subsection (c) and 956.4, subsection (d), the following Preferred Management Practices should be considered for inclusion in the Plan by the RPF and by the Director:
1. Preflagging or marking of any skid trails before the preharvest inspection;
2. Heavy equipment should be limited to slopes less than 35% with low or moderate EHRs; 
3. Use feller bunchers or hydraulic heel boom loaders which do not drag/skid logs through the zone;
4. Minimize turning of heavy equipment which would result in increased depth of ground surface depressions; and
5. Use mechanized harvesting equipment which delimb harvested trees on pathway over which heavy equipment would travel. 

Table 3: Procedure for Determining WLPZ Widths and Protective Measures 
Class I WLPZs -- Confined Channels -- Outside the Coastal Anadromy Zone

View Graphic

Figure 6: Graphic of profile view of Class I WLPZ with confined channels outside watersheds in the 
coastal anadromy zone (not to scale) 

View Graphic

	Outer Zone:
	Modified commercial thinning or single tree selection
	50% overstory canopy (OSC)
	
		Inner Zone:
		Modified commercial thinning or single tree selection
		Increase QMD
		No Sanitation Salvage
		70% OSC
		Retain 7 largest trees/ac.
	
(g) Class II watercourses --
The following are the minimum requirements for Class II WLPZ delineation and timber operations. Differing rules are specified for watersheds in the coastal anadromy zone, the Southern Subdistrict of the Coast Forest District, and areas outside the coastal andromy zone. WLPZ width ranges from 50 to 100 feet slope distance, depending on side slope steepness in the WLPZ and the watercourse type. 
(1) Determine the Class II Watercourse Type: Class II watercourses are composed of two types -- Class II-S (standard) watercourses and Class II-L (large) watercourses. A Class II-L watercourse is defined as a Class II watercourse that: (i) can supply water and nutrients to a Class I watercourse during the month of July during an average hydrologic year; (ii) can supply coarse and fine sediment to the Class I channel; and (iii) may be able to supply wood of a size that would function as large wood for the Class I watercourse. Identification of Class II-L watercourse types shall be based on one or more of the office methods specified under 14 CCR §956.9 subsection (g)(1)(A) and the field methods specified under 14 CCR §956.9, subsection (g)(1)(B). Class II-S watercourses are those classified as Class II watercourses pursuant to 14 CCR §956.5, but do not meet the definition of a Class II-L watercourse.
(A) Office-based approaches to identify potential Class II-L watercourses:
1. Stream order: After classifying the watercourses in an area pursuant to 14 CCR §956.5, map all Class II watercourses in the area of consideration on current 1:24,000 scale U.S. Geological Survey topographic maps and determine stream order following the stream order method in 14 CCR 895.1. Second order and third order Class II watercourses are potentially Class II-L watercourses. 
2. “Blue Line” streams: Watercourses mapped with a blue or black line on current 1:24,000 scale U.S. Geological Survey topographic maps that are not Class I are inferred to be Class II-L watercourses.
3. Drainage area: A calculated drainage area known to produce mid-late summer flow based on past plan experience or local knowledge for an ownership or local region and extrapolated over the ownership or local area can indicate a Class II-L watercourses. 
(B) Field-based approaches to identify potential Class II-L: Determination of Class II-L watercourses shall be verified in the field by direct channel observations and local experience using one or more of the following approaches. 
1. Determine by direct observation or by local knowledge of common mid-summer flow conditions if office mapped Class II-L watercourses contribute flow to a Class I watercourse at least through approximately July 15th following a year with at least average precipitation. 
2. Observe channel characteristics such as channel width at bankfull stage, channel depth at bankfull stage, channel slope, mean entrenchment ratio, the presence of springs or seeps, and the presence of aquatic animal and plant life that require mid-summer flow. 
3. Use continuous streamflow monitoring data from headwater watercourses to determine the watershed drainage area necessary to initiate mid-summer streamflow for a given ecoregion and extrapolate this data to other headwater basins in that ecoregion. 
(C) Based on (A) and (B) above, make a determination if the portion of the Class II watercourse being evaluated meets the definition of a Class II-L watercourse in 14 CCR §956.9, subsection (c)(4).
(D) Include documentation in the plan explaining how the Class II-L determination(s) were made within the plan area. 
(E) All Class II-L watercourses designated above shall incorporate requirements stated in 14 CCR §956.9(g)(2) for a distance of 1000 feet, or total length of Class II-L, which ever is less, measured from the confluence with a Class I watercourse. 
(2) Class II WLPZ widths and operational requirements: All Class II WLPZs shall be composed of two zones regardless of the watercourse type: a Core Zone and an Inner Zone. The Core Zone is nearest to the water, the Inner Zone is contiguous to the Core Zone and is furthest from the water. The width of the Core and Inner Zones vary depending on the following three factors: (i) side slope steepness in the WLPZ, (ii) whether the watercourse is a Class II-S or Class II-L watercourse type, and (iii) whether the watercourse is within a watershed in the coastal anadromy zone or outside the coastal anadromy zone. Graphic depictions of zones and the abbreviated descriptions of the silvicultural prescriptions and operational requirements are shown in Figure 7.
(A) Core Zone: The width of Core zone varies from 0 feet to 30 feet measured from the watercourse or lake transition line. When established, no timber operations are permitted in this zone except for those listed in 14 CCR §956.9, subsection (e)(1)(A)-(F), or practices approved pursuant to 14 CCR §956.9, subsection (v). Sanitation-Salvage is prohibited except as provided in §956.9, subsections (s), (t), and (u). Table 4. summarizes the minimum width for the Core Zone.

Table 4. Core and Inner Zone widths.

View Graphic
(B) Inner Zone: The widths of the Inner Zone vary from 35 feet to 90 feet and shall be measured from the landward edge of Core Zone or WTL, which ever is greater. Timber operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR §956.9, subsections (c)(2)and (4), pursuant to 14 CCR §956.9, subsections (e)(1)(A)-(F) or pursuant to 14 CCR §956.9 subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Inner Zone widths are summarized in Table 4.

	1. Class II-S watercourses: Any Class II-S watercourses shall receive protection in conformance with 14 CCR §§956 through 956.7 in addition to the requirements listed under 14 CCR §§956.9(g)(2)(A) and (B). 

	2. Class II-L watercourses in the coastal anadromy zone: Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements: 

	(i) When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand. 
(ii) Sanitation-Salvage is prohibited except as provided in 14 CCR §956.9, subsections (s), (t) and (u).
(iii) Postharvest stand shall have a minimum 80% overstory canopy cover in the Coast and Southern Forest Districts of the coastal anadromy zone and a minimum 70% overstory canopy cover in the Northern Forest District of the coastal anadromy zone. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
(iv) Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
(v) Large trees retained to meet 14 CCR §956.9, subsections (g)(2)(B)2.(i) and (iii) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g. trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees.
3. Class II-L watercourses outside watersheds in the coastal anadromy zone: Silvicultural systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:
(i) When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand.
(ii) Sanitation-Salvage is prohibited except as provided in 14 CCR §956.9, subsections (s), (t), and (u). 
(iii) Postharvest stand shall have a minimum 70% overstory canopy cover. The postharvest canopy may be composed of both conifers and hardwood species and shall have at least 25% overstory conifer canopy. 
(iv) Postharvest stand shall retain the 7 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones. 
(v) Large trees retained to meet 14 CCR §956.9, subsections (g)(2)(B)3.(i) and (iii) above that are the most conducive to recruitment to provide for the beneficial functions of riparian zones (e.g. trees that lean towards the channel, have an unimpeded fall path toward the watercourse, are in an advanced state of decay, are located on unstable areas or downslope of such an unstable areas, or have undermined roots) are to be given priority to be retained as future recruitment trees.
(3) Class II watercourses in the Southern Subdistrict of the Coast Forest District
In addition to all other Forest Practice Rules applicable to timber harvesting within the Southern Subdistrict of the Coast Forest District, the following rules apply within a Class II WLPZ. These requirements supersede any other requirements for Class II watercourses contained in 14 CCR §916.9(g). 
(A). Retain all trees within the Class II WLPZ that meet the following criteria:
1. all trees located within the channel zone;
2. all trees that have boles that overlap the edge of the channel zone; and
3. all trees with live roots permeating the bank or providing channel grade control, with the following exception:
(i) 1/3 of the stems of redwoods with live roots permeating the bank or providing channel grade control may be harvested. 
(B) Where sufficient spacing exists prior to harvesting, retained redwood trees greater than or equal to 12 inches dbh shall not be spaced more than 25 feet apart. 
(C) A minimum of 80% overstory canopy shall be maintained within the channel zone. If 80% overstory canopy is not present within the channel zone, the existing overstory canopy within the channel shall not be reduced. 
(D) No more than 1/3 of the conifers 18” dbh or larger may be harvested.

Figure 7: Graphic of profile view of WLPZs for Class II Watercourses (excluding the Southern Subdistrict) (not to scale) 

View Graphic

View Graphic
(h) Class III watercourses --
The following are the minimum requirements for timber operations in Class III watercourses, unless explained and justified in the plan and approved by the Director. 
(1) Establish a 30 foot wide ELZ on both sides of the watercourse for slopes less than 30% and an additional 20 foot ELZ where sideslopes are >30%. The ELZ is measured from the WTL. Within the ELZ:
(A) no new construction of tractor roads permitted;
(B) no ground based equipment on slopes >50%; and
(C) ground-based operations are limited to existing stable tractor roads that show no visible evidence of sediment deposition being transported into the adjacent watercourse or to the use of feller-bunchers or shovel yarding.
(2) Retain all pre-existing large wood on the ground within the ELZ that is stabilizing sediment and is necessary to prevent potential discharge into the watercourse. 
(3) Retain all pre-existing down wood and debris in the channel zone.
(4) Retain hardwoods, where feasible, within the ELZ.
(5) Retain all snags (except as required for safety) within the ELZ. 
(6) Retain all countable trees needed to achieve resource conservation standards in 14 CCR §952.7 within the ELZ.
(7) Retain all trees in the ELZ and channel zone which show visible indicators of providing bank or bed stability, excluding sprouting conifers that do not have boles overlapping the channel zone. Visible indicators of stability include roots that permeate the bank or provide channel grade control. 
(8) Exceptions pursuant to 14 CCR §956.9, subsections (e)(1)(A)-(F) are permitted in any ELZ and channel zone.
(i) Section reserved for future use.
(j) Inner Gorge -- Where an inner gorge extends beyond a Class I WLPZ and slopes are greater than 55%, a special management zone shall be established where the use of evenaged regeneration methods is prohibited. This zone shall extend upslope to the first major break-in-slope to less than 55% for a distance of 100 feet or more, or 300 feet as measured from the watercourse or lake transition line, which ever is less. All operations on slopes exceeding 65% within an inner gorge of a Class I or II watercourse shall be reviewed by a Professional Geologist prior to plan approval, regardless of whether they are proposed within a WLPZ or outside of a WLPZ. 
(k) Year-round logging road, landing and tractor road use limitations--
(1) Logging roads, landings or tractor roads shall not be used when visibly turbid water from the road, landing or tractor road (skid trail) or an inside ditch associated with the logging road, landing or tractor road may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or violate Water Quality Requirements.
(2) Log hauling on logging roads and landings shall be limited to those which are hydrologically disconnected from watercourses to the extent feasible, and exhibit a stable operating surface in conformance with (1) above.
(3) Concurrent with use for log hauling, approaches to logging road watercourse crossings shall be treated for erosion control as needed to minimize soil erosion and sediment transport and to prevent the discharge of sediment into watercourses and lakes in quantities deleterious to the beneficial uses of water. 
(4) Concurrent with use for log hauling, all traveled surfaces of logging roads in a WLPZ or within any ELZ or EEZ designated for watercourse or lake protection shall be treated for erosion control as needed to minimize soil erosion and sediment transport and to prevent the discharge of sediment into watercourses and lakes in quantities deleterious to the beneficial uses of water. 
(5) Grading to obtain a drier running surface more than one time before reincorporation of any resulting berms back into the road surface is prohibited.
(l) Extended Wet Weather Period -- October 15 to May 1 shall be considered the extended wet weather period and the following shall apply:
(1) No timber operations shall take place unless the approved plan incorporates a complete winter period operating plan pursuant to 14 CCR §934.7 subsection (a) that specifically addresses, where applicable, proposed logging road, landing or tractor road construction, reconstruction and use during the extended wet weather period. Where logging road watercourse crossing construction or reconstruction is proposed an implementation schedule shall be specified.
(2) Unless the winter period operating plan proposes operations during an extended wet weather period with low antecedent soil wetness, no tractor roads shall be constructed, reconstructed, or used on slopes that are over 40 percent and within 200 feet of a Class I, II, or III watercourse, as measured from the watercourse or lake transition line during the extended wet weather period. 
(3) Logging roads, landings and tractor roads shall not be used when sediment from the logging road, landing or tractor road surface may be transported to a watercourse or a drainage facility in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements.
(4) Logging roads and landings shall not be used for log hauling when saturated soil conditions may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements specified in (3) above.
(m) Tractor Road Drainage Facility Installation -- All tractor roads shall have drainage and/or drainage collection and storage facilities installed as soon as practical following yarding and prior to either (1) the start of any rain which causes overland flow across or along the disturbed surface within a WLPZ or within any ELZ or EEZ designated for watercourse or lake protection, or (2) any day with a National Weather Service forecast of a chance of rain of 30 percent or more, a flash flood warning, or a flash flood watch. 
(n) Treatments to stabilize soils -- Within the WLPZ, and within any ELZ or EEZ designated for watercourse or lake protection, treatments to stabilize soils, minimize soil erosion, and prevent the discharge of sediment into watercourses or lakes in amounts deleterious to aquatic species or the quality and beneficial uses of water, or that threaten to violate applicable water quality requirements, shall be described in the plan as follows. 
(1) Soil stabilization is required for the following areas:
(A) Areas exceeding 100 contiguous square feet where timber operations have exposed bare soil. 
(B) Approaches to tractor road watercourse crossings between the drainage facilities closest to the crossing. 
(C) Disturbed road cut banks and fills, and 
(D) Any other area of disturbed soil that threatens to discharge sediment into waters in amounts deleterious to the quality and beneficial uses of water. 
(2) Soil stabilization treatment measures may include, but need not be limited to, mulching, rip-rapping, grass seeding, installing commercial erosion control devices to manufacturer's specifications, or chemical soil stabilizers.
(3) Where straw or slash mulch is used, the minimum straw coverage shall be 90 percent, and any treated area that has been reused or has less than 90 percent surface cover shall be treated again by the end of timber operations.
(4) Where slash mulch is packed into the ground surface through the use of a tractor or equivalent piece of heavy equipment the minimum slash coverage shall be 75 percent.
(5) For areas disturbed from May 1 to October 15, treatment shall be completed prior to the start of any rain that causes overland flow across or along the disturbed surface that could deliver sediment into a watercourse or lake in quantities deleterious to the beneficial uses of water.
(6) For areas disturbed from October 15 to May 1, treatment shall be completed prior to any day for which a chance of rain of 30 percent or greater is forecast by the National Weather Service or within 10 days, whichever is earlier.
(7) Where the natural ability of ground cover is inadequate to protect beneficial uses of water by minimizing soil erosion or by filtering sediment, the plan shall specify protection measures to retain and improve the natural ability of the ground cover to filter sediment and minimize soil erosion. 
(o) Erosion Site identification and remedies -- As part of the plan, the RPF shall: 
(1) identify sites in the logging area where erosion and sediment production are ongoing during any period of the year and assess them to determine which sites pose significant risks to the beneficial uses of water.
(2) Assess those sites identified in 14 CCR §956.9, subsection (o)(1) to determine whether feasible remedies exist. 
(3) For sites that pose significant risks to the beneficial uses of water and where feasible remedies exist, the plan shall propose appropriate treatment.
(p) Erosion control maintenance period -- The erosion control maintenance period on permanent and seasonal roads and associated landings that are not abandoned in accordance with 14 CCR §963.8 shall be three years. 
(q) Site preparation -- Site preparation activities shall be designed to prevent soil disturbance within, and minimize soil movement into, the channels of watercourses. Prior to any broadcast burning, burning prescriptions shall be designed to prevent loss of large woody debris in watercourses, and vegetation and duff within a WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection. No ignition is to occur within any WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection. When burning prescriptions are proposed, the measures or burning restrictions which are intended to accomplish this goal shall be stated in the plan and included in any required burning permit. This information shall be provided in addition to the information required under 14 CCR §955.4. 
(r) Water drafting -- Water drafting for timber operations shall: 
(1) Comply with Fish and Game Code Section 1600, et seq.
(A) Timber operations conducted under a Fish and Game Code Section 1600 master or long-term agreement that includes water drafting may provide proof of such coverage for compliance with this paragraph.
(2) Describe the water drafting site conditions and proposed water drafting activity in the plan, including:
(A) a general description of the conditions and proposed water drafting;
(B) a map showing proposed water drafting locations;
(C) the watercourse classification;
(D) the drafting parameters including the months the site is proposed for use; estimated total volume needed per day; estimated maximum instantaneous drafting rate and filling time; and disclosure of other water drafting activities in the same watershed;
(E) the estimated drainage area (acres) above the point of diversion;
(F) the estimated unimpeded streamflow, pumping rate, and drafting duration,
(G) a discussion of the effects on aquatic habitat downstream from the drafting site(s) of single pumping operations, or multiple pumping operations at the same location, and at other locations in the same watershed;
(H) a discussion of proposed alternatives and measures to prevent adverse effects to fish and wildlife resources, such as reducing hose diameter; using gravity-fed tanks instead of truck pumping; reducing the instantaneous or daily intake at one location; describing allowances for recharge time; using other dust palliatives; and drafting water at alternative sites; and 
(I) The methods that will be used to measure source streamflow prior to the water drafting operation and the conditions that will trigger streamflow to be measured during the operation.
(3) All water drafting for timber operations are subject to each requirement below unless the Department of Fish and Game modifies the requirement in the Lake or Streambed Alteration agreement that authorized the drafting operation, or unless otherwise specified below:
(A) All intakes shall be screened to prevent impingement of juvenile fish against the screen. The following requirements apply to screens and water drafting on Class I waters:
1. Openings in perforated plate or woven wire mesh screens shall not exceed 3/32 inches (2.38 millimeters). Slot openings in wedge wire screens shall not exceed 1/16 inches (1.75 millimeters).
2. The screen surface shall have at least 2.5 square feet of openings submerged in water.
3. The drafting operator shall regularly inspect, clean, and maintain  screens to ensure proper operation whenever water is drafted.
4. The approach velocity (water moving through the screen) shall not  exceed 0.33 feet/second.
5. The diversion rate shall not exceed 350 gallons per minute.
(B) Approaches and associated drainage features to drafting locations within a WLPZ or channel zone shall be surfaced with rock or other suitable material to minimize generation of sediment.
(C) Barriers to sediment transport, such as straw waddles, logs, straw bales or sediment fences, shall be installed outside the normal high water mark to prevent sediment delivery to the watercourse and limit truck encroachment. 
(D) Water drafting trucks parked on streambeds and floodplains shall use drip pans or other devices such as absorbent blankets, sheet barriers or other materials as needed to prevent soil and water contamination from motor oil or hydraulic fluid leaks.

	(E) Bypass flows for Class I watercourses shall be provided in volume sufficient to avoid dewatering the watercourse and maintain aquatic life downstream, and shall conform to the following standard:
1. Bypass flows in the source stream during drafting shall be at least 2 cubic feet per second. 
2. Diversion rate shall not exceed 10 percent of the surface flow.
3. Pool volume reduction shall not exceed 10 percent.
(F) The drafting operator shall keep a log that records for each time water is drafted, the date, total pumping time, pump rate, starting time, ending time, and volume diverted. Logs shall be filed with the Department of Forestry and Fire Protection at the end of seasonal operations and maintained with the plan record. This requirement may be modified in the approved plan that covers the water drafting, but only with concurrence from the Department of Fish and Game.
(G) Before commencing any water drafting operation, the RPF and the drafting operator shall conduct a pre-operations field review to discuss the water drafting measures in the plan and/or Lake or Streambed Alteration Agreement.
(s) Exemption notices -- No timber operations are allowed in a WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection, under exemption notices except for: 
(1) Hauling on existing roads.
(2) Road maintenance.
(3) Operations conducted for public safety.
(4) Construction or reconstruction of approved watercourse crossings.
(5) Temporary crossings of dry Class III watercourses that do not require notification under the Fish and Game Code §1600 et seq. 
(6) Harvesting recommended in writing by DFG to address specifically identified forest conditions.
(t) Emergency notices -- No timber operations are allowed in a WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection, under emergency notices except for: 
(1) Hauling on existing roads.
(2) Road maintenance.
(3) Operations conducted for public safety.
(4) Construction or reconstruction of approved watercourse crossings.
(5) Temporary crossings of dry Class III watercourses that do not require notification under the Fish and Game Code §1600 et seq.
(6) Harvesting recommended in writing by DFG to address specifically identified forest conditions.
(7) The harvest of dead or dying conifer trees subject to the following conditions:
(A) Retention of all trees in the core zone of Class I and Class II-L watercourses. 
(B) Within any WLPZ, ELZ, or EEZ designated for Class II or III watercourse protection, a minimum of two dead, dying, or diseased conifer trees per acre at least 16 inches diameter breast high and 50 feet tall shall be retained within 50 feet of the watercourse transition line.
(C) Trees to be harvested or retained shall be marked by, or under the supervision of, an RPF prior to timber operations within the WLPZ or ELZ/EEZ.
(D) Within the WLPZ, or ELZ/EEZ, if the stocking standards of 14 CCR §912.7 are not met upon completion of timber operations, unless the area meets the definition of substantially damaged timberlands, at least ten trees shall be planted for each tree harvested but need not exceed an average point count of 300 trees per acre.
(8) The harvest of trees or vegetation designated for removal pursuant to 14 CCR §1052.5 to address Sudden Oak Death that are:
(A) symptomatic of the pathogen that causes Sudden Oak Death and confirmed infected by a certified lab; or
(B) host hardwood trees that could spread the pathogen.
(u) Salvage logging -- No salvage logging is allowed in a WLPZ without an approved HCP, a PTEIR, an SYP, or an approved plan that contains a section that sets forth objectives, goals, and measurable results for streamside salvage operations. 
(1) This section does not apply to emergency operations under 14 CCR §1052.
(v) Site-specific measures or nonstandard operational provisions --
(1) In consideration of the spatial variability of the forest landscape, the RPF may propose site-specific measures or nonstandard operational provisions in place of any of the provisions contained in this section. Site specific plans may be submitted when, in the judgment of the RPF, such measures or provisions offer a more effective or more feasible way of achieving the goals and objectives set forth in 14 CCR §956.9, subsections (a) and (c), and would result in effects to the beneficial functions of the riparian zone equal to or more favorable than those expected to result from the application of the operational provisions required under 14 CCR §956.9. 
(2) Measures or provisions proposed pursuant to 14 CCR §956.9, subsections (v) shall only be approved when the plan incorporates an evaluation of the beneficial functions of the riparian zone as set forth in subsection (3) below. In the event of measures limited in applicability to specific sites, the submitter may instead of an evaluation, obtain written concurrence from DFG prior to plan submittal. RPFs may request a preconsultation for the site specific plan and the Director may agree and request staff from responsible agencies.
(3) The evaluation of the beneficial functions of the riparian zone shall be included in addition to any evaluation required by all other District Forest Practice Rules, may incorporate by reference any such evaluation, and shall include the following components scaled appropriately to the scope of the proposed measure(s) or provision(s) and the beneficial functions potentially affected.
(A) The following are required components of an evaluation conducted pursuant to 14 CCR §956.9, subsection (v)(3): 
1. A description of the evaluation area. If the evaluation area is different than the watershed assessment area described pursuant to Technical Rule Addendum No. 2, the RPF shall briefly explain the rationale for establishing the evaluation area.
2. A description of the current condition of the riparian zone within the evaluation area related to the beneficial functions. The RPF may incorporate by reference any conditions described in the plan pursuant to 14 CCR §956.4, subsection (a). The RPF shall use the best available information, at the appropriate scale, to describe the existing vegetation, timber stand characteristics, roads, skid trails, landings, channel types, unstable areas, flood prone areas, and overflow channels.
3. An identification of the beneficial functions that may potentially be affected by the proposed measure(s) or provision(s).
4. An identification of the potential effects to the beneficial functions, both positive and negative. The RPF may use a reasoned analysis to describe the effects and may assign ratings of high, moderate and low to those effects that may individually or cumulatively limit anadromous salmonid distribution and abundance in the watershed.
5. A detailed description of the site-specific measure(s) or nonstandard operational provision(s) proposed. The description should address at a minimum the relationships between the riparian stand characteristics and ecological functions, the relative importance of the beneficial functions of the riparian zone to the watercourse, the cost effectiveness of the measure(s) or provision(s), and the predicted consequences.
6. A schedule for implementing proposed management practices.
7. A plan for monitoring consistent with 14 CCR §916.11.
(4) Measures or provisions proposed pursuant to 14 CCR §956.9, subsections (v) shall only be approved when they meet the following additional standards: 
(A) They must be based upon the best available science, and explained and justified in the plan.
(B) They must identify potential significant adverse impacts that may occur to listed salmonids or the beneficial functions of the riparian zone as a result of the proposed measure(s) or provision(s).
(C) They must identify feasible systems, methods, procedures or approaches proposed to avoid or mitigate identified potential significant adverse impacts to a level of insignificance.
(D) They must be written so they provide clear instructions and enforceable standards for the timber operator; 
(E) They must provide that, where appropriate for implementation of the measure(s) or provision(s), the plan submitter is responsible for retaining an RPF to aid in interpreting the plan to the timber operator and timberland owner on a continuing basis to help assure compliance with the measure(s) or provision(s).
(F) They must identify each standard prescription that would be replaced by the measure(s) or provision(s) proposed.
(5) Guidance is provided below for site specific plans for flood prone areas: 
(A) Site-Specific Plans for watercourses with flood prone areas or channel migration zones: This section is an optional approach to be used at the discretion of the plan submitter. When used, this section replaces requirements found in 14 §956.9, subsection (f)(3). The goal of this approach is to allow RPFs to develop a site specific plan for salmonid habitat protection on a flood prone area. Site specific plans are to lead to development of properly functioning salmonid habitat and can include active management to restore the beneficial uses of the riparian zone. 
(B) Timber operations are limited to the flood prone areas beyond the outer margin of a CMZ.
(C) RPFs are to propose riparian protection zones and management practices that are designed for local conditions. 
(D) Site specific assessments shall include: 
1. Identifying the issues that need to be considered for watercourse and riparian protections [refer to Table 1 of “Flood Prone Area Considerations in the Coast Redwood Zone “(Riparian Protection Committee Report, Cafferata et al 2005) 

	2. Describing processes that need to be considered for the issues identified above.
3. Developing a method to define a desired trajectory for watercourse and riparian conditions in the context of the goals of 14 CCR 956.9, subsection (a). 
4. Defining how the proposed operations will aid reaching the desired trajectories.

	5. Disclosing assumptions being made at each step and limits to both the science and the proposed management activities.
6. Identifying how to determine what needs to be monitored and how to conduct the monitoring.
7. Supporting documentation is required including but not limited to field data, NetMap analysis, large wood modeling results, etc. 
(E) As described in the “Flood Prone Area Considerations in the Coast Redwood Zone” (Cafferata et al 2005), the site-specific plan for Class I flood prone area management shall include: 
1. an inventory of the flood prone area for all hydrologic, geomorphic, and biological functions present that can be affected by timber operations; 
2. a determination of the category of inundation where management is proposed [i.e., very frequent (1-5 yr recurrence interval or RI), frequent (5-20 yr RI), moderately frequent (20-50 yr RI), or infrequent (50+ yr RI)]; and 
3. an appropriate analysis for functions present in light of possible significant adverse impacts from management. Analysis for hydrologic functions may include how the flood prone area vegetative roughness will change with timber operations. Analyses for geomorphic functions may include how proposed operations will change bank stabilization, amount of soil disturbance on the flood prone area, and the potential for channel avulsion. Analyses for biological functions may include how harvesting will affect overflow channels, large wood recruitment, stream shading, riparian microclimate, organic matter input, and terrestrial wildlife habitat. 
(F) Disclosure and analysis requirements increase with increased risk associated with the proposed level of activity and the increased frequency of inundation in the flood prone area. In particular, management proposed within the 20 year recurrence interval flood prone area in a watershed with coho salmon habitat or restorable habitat requires detailed analysis. 
(G) In addition to considering how proposed prescriptions will affect flood prone area functions at the project level, site specific plans must consider a larger watershed perspective that includes consideration of the stream network and past activities in the watershed. Also, consideration must be given to the current condition of the flood prone area. 
(H) Information provided in the “Flood Prone Area Considerations in the Coast Redwood Zone” (Cafferata et al 2005) is to be used for guidance in the coast redwood zone. 
(I) The site-specific plan for Class I riparian management must: (1) have Review Team agencies pre-consultation and receive concurrence from the Review Team agencies, including DFG, and (2) include a monitoring component. 
(6) Guidance is provided below for site specific plans for fire hazard reduction:
(A) For site specific plans that address WLPZs having conditions where catastrophic, stand replacing wildfire will result in significant adverse effects to salmonid species, riparian habitat or other wildlife species, the site specific plan shall address measure(s) or provision(s) that create fire resilient forests, promote reduced fire intensities, and retain functional habitat following a wildfire. Site specific plans proposed for fuel hazard reduction shall contain information demonstrating the potential for severe fire behavior and likelihood of stand replacing fires. Fuel reduction measure(s) or provision(s) shall be designed to reduce fire behavior to levels appropriate for the region and riparian area. Measure(s) or provision(s) include, but are not limited to, activities that eliminate the vertical and horizontal continuity among all vegetative fuels layer (surface fuels, ladder fuels and crown fuels), focus on reducing surface and ladder fuel hazards, and simultaneously meet goals and objectives of 14 CCR §956.9 subsections (a) and (c). 
(7) No site-specific measure(s) or nonstandard operational provision(s) proposed pursuant to 14 CCR §956.9, subsection (v) may be prescribed by an RPF or approved by the Director in lieu of the following rules:
(A) The rules contained in Subchapter 2 (Application of Forest Practice Rules); Article 2 (Ratings and Standards) and Article 11 (Coastal Commission Special Treatment Areas) of Subchapter 4 (Coast Forest District Rules); Article 2 (Ratings and Standards) of Subchapter 5 (Northern Forest District Rules); Article 2 (Ratings and Standards) and Article 11 (Coastal Commission Special Treatment Areas) of Subchapter 6 (Southern Forest District Rules); and Subchapter 7 (Administration) of Chapter 4, Division 1.5 of Title 14 of the California Administrative Code; or
(B) Any Forest Practice Rule pertaining to the width of the special treatment area adjacent to a wild and scenic river declared pursuant to PRC 5093.50, et seq.; or
(C) Any Forest Practice Rules or parts of rules that incorporate practices or standards specified in the Forest Practice Act.
(8) The Director shall not accept for inclusion in a plan any site-specific measures or non-standard operational provisions as described in this section where the Department of Fish and Game or where two or more agencies listed in PRC §4582.6 and 14 CCR §1037.3 have submitted written comments which lead to the Director's conclusion that the proposed measures or provisions will not meet the goal of this section and the agencies participated in the review of the plan, including an on-the-ground inspection. 
(9) Site-specific measures or nonstandard operational provisions proposed pursuant to 14 CCR §956.9, subsection (v) shall not be considered alternative practices pursuant to 14 CCR §§897 or 954.9, in lieu practices or site specific practices pursuant to 14 CCR §956.1, or alternative prescriptions for the protection of watercourses or lakes pursuant to 14 CCR §956.6. 
(10) Board staff and the Department shall work with agencies, stakeholders, and appropriate scientific participants (e.g., Monitoring Study Group, Technical Advisory Committee) in a transparent process to: (1) describe and implement two pilot projects, including monitored results, using site-specific or non-standard operational provisions; and (2) provide recommendations to the Board for consideration for adoption to provide detailed guidance for the application of site-specific or non-standard operational provisions. The pilot projects and guidance shall address cumulative and planning watershed impacts, and the guidance may address the appropriate standard site-specific or non-operational provisions shall meet. A report on the progress of the pilot projects and implementation guidance shall be presented to the Board within 18 months of the effective date of this regulation.
(w) Except when expressly required by 14 CCR §956.9, subsections (w)(1)-(5) below, the provisions of 14 CCR §956.9 shall not apply to a plan that is subject to:
(1) a valid incidental take permit issued by DFG pursuant to Section 2081(b) of the Fish and Game Code that addresses anadromous salmonid protection; or
(2) a federal incidental take statement or incidental take permit that addresses anadromous salmonid protection, for which a consistency determination has been made pursuant to Section 2080.1 of the Fish and Game Code; or
(3) a valid natural community conservation plan that addresses anadromous salmonid protection approved by DFG under section 2835 of the Fish and Game Code; or
(4) a valid Habitat Conservation Plan that addresses anadromous salmonid protection, approved under Section 10 of the federal Endangered Species Act of 1973; or
(5) project revisions, guidelines, or take avoidance measures pursuant to a memorandum of understanding or a planning agreement entered into between the plan submitter and DFG in preparation of obtaining a natural community conservation plan that addresses anadromous salmonid protection. 
NOTE

Authority cited: Sections 4551, 4554.5, 4555, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4750, 4750.3, 4750.4, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code. 
HISTORY

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
2. Amendment of subsection (y) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsections (a)(2)-(4), redesignation and amendment of former subsection (e)-(e)(5) as subsections (e)-(e)(2), amendment of subsections (f)-(g), (i), (j), (p), (s) and (y) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsections (f), (g), (r)(2)(D), (s) and (y) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (y) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsections (i)-(l), (p), (q) and (s), new subsections (s)(1)-(t)(7)(D), subsection relettering, amendment of newly designated subsections (u) and (w)-(y) and new subsection (u)(1) filed 11-16-2006; operative 1-1-2007 pursuant to Public Resources Code section 4554.5 (Register 2006, No. 46).
8. Amendment of subsection (z) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
9. Amendment of first paragraph filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
10. Amendment of subsection (z) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
11. Amendment of section heading and section filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
12. Change without regulatory effect amending introductory paragraph filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
13. Amendment of subsections (k)(1) and (l)(3)-(4) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
14. New subsections (t)(8)(A)-(B) and amendment of Note filed 2-7-2011 as an emergency; operative 2-7-2011 (Register 2011, No. 6). Pursuant to Public Resources Code section 4555, a Certificate of Compliance must be transmitted to OAL by 6-7-2011 or emergency language will be repealed by operation of law on the following day.
15. Editorial correction of History 14 (Register 2011, No. 20).
16. New subsections (t)(8)(A)-(B) and amendment of Note refiled 8-8-2011 as an emergency; operative 8-8-2011 (Register 2011, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2011 or emergency language will be repealed by operation of law on the following day.
§956.10. Domestic Water Supply Protection.
Note     •     History

(a) When proposed timber operations may threaten to degrade a domestic water supply the Director shall evaluate any mitigations recommended prior to the close of the public comment period (PRC 4582.7) and shall require the adoption of those practices which are feasible and necessary to protect the quality and beneficial use of the supply.  
(b) The Director may require a post-harvest evaluation of the effectiveness of the mitigations and practices designed to protect the domestic water supply as a condition of plan approval.  The Director shall require an evaluation at the request of the California Regional Water Quality Control Board, or any affected water purveyor, if the necessity for the evaluation is supported by substantial evidence in the record.  This evidence may include, but is not limited to, potential land failures, accelerated rate of road construction or harvesting within a watershed, concentration or intensity of harvesting activity near streams or springs.  The design and implementation of the evaluation shall be done in consultation with the Director, appropriate RWQCB, and THP submitter, and the sufficiency of the information requested by the Director shall be judged in light of reasonableness and practicality.
NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21000(b), (f), 21002 and 21002.1, Public Resources Code; and 33 USC 1288(b)(2)(F).
HISTORY

1. New section filed 1-7-94; operative 3-1-94 (Register 94, No. 1). For prior history, see Register 92, No. 40.
§956.11. Effectiveness and Implementation Monitoring.
Note     •     History

(a) Where timber operations will be conducted within a WLPZ, the Director may require a post-harvest evaluation of the effectiveness of the mitigations and practices designed to protect the watercourse(s) or lake(s) as a condition of plan approval. The Director shall require such an evaluation if the necessity for the evaluation is supported by substantial evidence in the record. This evidence may include, but is not limited to, potential land failures, accelerated rate of road construction or harvesting within a watershed, concentration or intensity of harvesting activity near watercourses, and potential for accelerated windthrow. The design and implementation of the evaluation shall be done in consultation with the Director, the RWQCB or DFG, and THP submitter, and the sufficiency of the information requested by the Director shall be judged in light of reasonableness and practicality. The evaluation may utilize procedures including, but not limited, to: 
(1) Procedures for effectiveness and implementation monitoring, 
(2) Existing landowner monitoring programs, or 
(3) Photographic monitoring 
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code. 
HISTORY

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22). For prior history, see Register 96, No. 45.
2. Amendment of subsection (b) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsection (b) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsection (b) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (b) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsection (b) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
8. Amendment of subsection (b) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
9. Repealer of subsection (b) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§956.12. Section 303(d) Listed Watersheds.
Note     •     History

For any planning watershed in which timber operations could contribute to the pollutants or stressors which have been identified as limiting water quality in a water body listed pursuant to 303(d) Federal Clean Water Act, the following shall apply: 
(a) The Department shall, in collaboration with the appropriate RWQCB and SWRCB, prioritize watersheds in which the following will be done: 1) conduct or participate in any further assessment or analysis of the watershed that may be needed, 2) participate in the development of Total Maximum Daily Load (TMDL) problem assessment, source assessment, or load allocations related to timber operations, and 3) if existing rules are deemed not to be sufficient, develop recommendations for watershed-specific silvicultural implementation, enforcement and monitoring practices to be applied by the Department. 
(b) The Department shall prepare a report setting forth the Department's findings and recommendations from the activities identified pursuant to (a) above. The report shall be submitted to the Board and the appropriate RWQCB. The report shall be made available to the public upon request and placed on the Boards' website for a 90-day period. 
(c) Where the Department has recommended that the adoption of watershed specific rules is needed, the Board shall consider that recommendation as a proposal for rulemaking under the Administrative Procedures Act (Section 11340 et. seq. Gov Code) and shall begin that process within 180 days following receipt of that report. 
(d) These watershed specific rules shall be developed in collaboration with the appropriate RWQCB, the landowner(s) or designee with land in the planning watershed, and other persons or groups within the watershed, and may also be incorporated into a TMDL implementation plan. 
(e) The watershed specific rules shall remain in effect until the water body has been removed from the 303(d) list, or that the Board finds, after consulting with the appropriate RWQCB, that timber operations are no longer a significant source of the pollutant or stressor that limits water quality in the listed water body. 
NOTE

Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code. 
HISTORY

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
2. Amendment of subsection (f) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsection (f) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsection (f) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (f) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsection (f) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
8. Amendment of subsection (f) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
9. Repealer of subsection (f) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§956.13. Interim Watershed Mitigation Addendum (IWMA). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§956.13.1. Consultation. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§956.13.2. IWMA Evaluation Area. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§956.13.3. Contents of IWMA. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§956.13.4. Standards for IWMA Preparation. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§956.13.5. Submission of an IWMA as Part of a Plan. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§956.13.6. Compliance Monitoring and Expanded Completion Report. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§956.13.7. Subsequent Plans Within the IWMA Area. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
§956.13.8. Equivalent Analysis. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code; Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; and Laupheimer v. State (1988) 200 Cal. App. 3d; Cal. Rptr. 82.
HISTORY

1. New section filed 7-15-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 29).
2. Change without regulatory effect repealing section filed 11-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 47).
Article 7. Hazard Reduction
§957. Hazard Reduction [Southern Forest District].
Note     •     History

(a) This article shall provide standards for the treatment of snags and logging slash in order to reduce the fire and pest safety hazards in the logging area, to protect such area from potential insect and disease attack, and to prepare the area for natural or artificial reforestation while retaining wildlife habitat.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Amendment filed 6-19-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 25). 
2. Amendment filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
3. Designation of existing section as subsection (a) and new subsection (b) filed 11-30-2005; operative 1-1-2006 pursuant to Public Resources Code section 4554.5 (Register 2005, No. 48).
4. Repealer of subsection (b) (which expired by its own terms) on 12-31-2008, filed as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 1).
§957.1. Snag Disposal and Retention.
Note     •     History

NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. New section filed 6-19-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 25). 
2. Repealer of section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§957.2. Treatment of Slash to Reduce Fire Hazard.
Note     •     History

Except in the High-Use Subdistrict of the Southern Forest District, Southern Subdistrict of the Coast Forest District and Coastal Commission Special Treatment Areas of the Coast Forest District, the following standards shall apply to the treatment of slash created by timber operations within the plan area and on roads adjacent to the plan area, but excluding appurtenant roads. Lopping for fire hazard reduction is defined in 14 CCR 895.1.
(a) Slash to be treated by piling and burning shall be treated not later than April 1 of the year following its creation, or within 30 days following climatic access, or as justified in the plan.
(b) Within 100 feet of the edge of the traveled surface of public roads, and within 50 feet of the edge of the traveled surface of permanent and seasonal private roads open for public use where permission to pass is not required, slash created and trees knocked down by road construction or timber operations shall be treated by lopping for fire hazard reduction, piling and burning, chipping, burying or removal from the zone.
(c) All woody debris created by timber operations greater than one inch but less than eight inches in diameter within 100 feet of permanently located structures maintained for human habitation shall be removed or piled and burned; all slash created between 100-200 feet of permanently located structures maintained for human habitation shall be lopped for fire hazard reduction, removed, chipped or piled and burned; lopping may be required between 200-500 feet where unusual fire risk or hazard exist as determined by the Director or the RPF.
(d) An alternative to treating slash along roads and within 200 feet of structures may be approved by the Director when the RPF explains and justifies in the plans how equal fire protection will be provided. The alternative shall include a description of the alternate treatment(s) and the portion(s) of the plan area in which they will be utilized. In proposing alternate slash treatments the RPF shall consider the estimated amount and distribution of slash to be created by the operation, type of remaining vegetation, topography, climate, and degree of public exposure fire history.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Renumbering and amendment of former sections 957.2 and 957.3 to section 957.2 filed 6-19-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 25). 
2. Repealer and new section filed 8-5-91; operative 8-5-91 (Register 91,  No. 50).
§957.3. Prescribed Broadcast Burning of Slash.
Note     •     History

Outside the High Use Subdistrict, broadcast burning may be prescribed for slash treatment subject to the following conditions.
(a) Such burning shall be done only after the first heavy fall rains and shall be completed before April 1;
(b) It may occur within cleared firebreaks of not less than 10 feet (3.05 m) in width;
(c) Use of the broadcast burning prescription of the Stream and Lake Protection Zone for Class I, and Class II, is prohibited. Where necessary to protect downstream beneficial uses, the director may prohibit burning prescriptions in Class III watercourses;
(d) Exceptions to requirements (a), (b) and (c) above may be granted provided a project-type burning permit is obtained prior to burning and the terms of the permit are adhered to while burning.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4423, 4513, 4551.5, 4562, and 4562.7, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 957.3 to Section 957.2 and renumbering and amendment of former Section 957.5 to Section 957.3 filed 6-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 25).
2. Amendment of subsection (c) filed 124-89; operative 2-1-90 (Register 89, No. 50).
3. New subsection (f) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
4. Subsection (f) repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
§957.4. Treatment of Logging Slash in the High Use Subdistrict.
Note     •     History

Slash in the High Use Subdistrict shall be treated as follows:
(a) Throughout the logging area, all limbs shall be lopped from the unutilized portions of felled trees and all other trees felled or pushed over during timber operations. This lopping shall be done concurrently with the timber operations and scattered so that no limb or stem larger than 4 inches (10.2 cm) in diameter will be covered with slash and no slash shall generally be more than 24 inches (61.0 cm) above the ground.
(b) Slash shall be treated by chipping, piling and burning, burying, or removal on the following areas within all distances measured along the surface of the ground.
(1) Within a distance of 200 feet (60.96 m) of structures used for habitation;
(2) Within 200 feet (60.96 m) of the edge of any road accessible to the public;
(3) Within 100 feet (30.48 m) of trails established for and used by the public;
(4) Within a distance of 200 feet (60.96 m) of areas established for and used by the public for picnicking or camping.
(c) Slash treatment must be done concurrently with logging or road construction. On areas logged between April 1st and October 1st, if the slash is not disposed of in some other manner, it shall be piled progressively for burning. Piling shall not take place earlier than the 15th day nor later than the 45th day following cutting. Between October 1st and April 1st of the following year, the slash to be burned shall be progressively piled and burned not later than 30 days following cutting.
(d) Prescribed broadcast burning of slash is allowed in the High Use Subdistrict when a permit is obtained from the Director or his representative.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 957.4 to Section 957.5 and renumbering and amendment of former Section 957.6 to Section 957.4 filed 6-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 25). 
§957.5. Piling and Burning.
Note     •     History

When the option of burning piles or concentrations of slash is chosen to meet the slash treatment requirements as specified in these rules, such burning shall be done in the following manner:
(a) Piles shall be sufficiently free of earth and other non-combustible material for effective burning.
(b) The piled slash shall be burned at a safe time during the first wet fall or winter weather, or other safe period following piling and according to laws and regulations. Piles that fail to burn sufficiently to remove the fire hazard shall be further treated for disposal. All reasonable precautions shall be taken to confine such burning to the piled slash.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4423, 4513, 4551.5, and 4562, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 957.5 to Section 957.3 and renumbering and amendment of former Section 957.4 to Section 957.5 filed 6-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 25). 
§957.6. Notification of Burning.
Note     •     History

The local representative of the Director shall be notified in advance of the time and place of any burning of logging slash. Any burning shall be done in the manner provided by law.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 957.6 to Section 957.4 and new section 957.6 filed 6-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 25). 
§957.7. Protection of Residual Trees.
Note     •     History

Slash burning operations and fire hazard abatement operations shall be conducted in a manner which will not damage residual trees and reproduction to the extent that they will not qualify to meet the silvicultural and stocking requirements of the rules.
NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. New section filed 6-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 25). 
§957.8. Slash Disposal to Control Forest Insects. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Section 4513, 4551.5, 4562 and 4592, Public Resources Code.
HISTORY

1. New section filed 5-3-89 as an emergency; operative 5-3-89 (Register 89, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-31-89.
2. Emergency language filed 5-3-89 expired by own terms on 7-16-89 (Register 89, No. 32).
3. New section filed 8-2-89 as an emergency; operative 8-2-89 (Register 89, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-30-89.
4. Repealed by operation of law (Register 90, No. 10).
5. New section filed 3-2-90 as an emergency; operative 3-2-90 (Register 90, No. 10). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-2-90.
6. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 40).
§957.9. Preventive Practices.
Note     •     History

Adverse insect and disease impacts shall be identified by the RPF in the timber harvesting plan, and mitigating measures shall be prescribed to improve the health and productivity of the timber stand. Timber operations shall be conducted to as to minimize the build-up of destructive insect populations or the spread forest diseases.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4713, Public Resources Code.
HISTORY

1. Repealer of former section 959, and renumbering and amendment of former section 959.1 to section 959 filed 6-16-83; designated effective 7-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 25).
2. Repealer of section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
3. Renumbering of former section 959 (mistakenly repealed) to section 957.9 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
4. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).

Appendix

BOARD OF FORESTRY TECHNICAL RULE
ADDENDUM NO. 3

BROOD MATERIAL

A. Hazard Determination
Tree mortality and top killing result when Ips beetle populations reproduce and increase in pine brood material1 and then leave this material and attack pines in the residual stand. Hazard increases with the amount of pine brood material present.
Any suitable breeding material, including pine logs from recently felled trees, represents a hazard as long as it remains on site long enough for the beetles to complete a life cycle in it. During suitable weather, the life cycle may be as short as five weeks. Piling of brood material is more hazardous than leaving it spread-out on the ground.
Timing of brood material production may influence hazard. Hazard is presumed to be highest when pine brood material is produced from February through June and moderate when produced at other times of the year. At no time is hazard presumed to be low. In some parts of the Southern Forest District, hazard is presumed to be high year round, regardless of when the brood material was produced.
Age, size, and species of residual trees influence hazard. Young pole size stands of pine are most susceptible to damage. Tree species other than pine are not damaged by insects that breed in pine brood material. Brood material from tree species other than  pine generally does not contribute to the build-up of damaging beetle populations.
Low vigor residual trees are at greatest risk. Historically, drought stressed, suppressed, and overstocked stands have been identified as high risk. Off-site, diseased, damaged, and overmature trees are also at risk.
If damaging insect populations are high, hazard will be greater. High beetle populations have the potential to damage more than just low vigor trees. Chronic pine mortality in the area should be evaluated to determine if high beetle populations are present. An established Zone of Infestation for pine bark beetles implies that conditions are appropriate for the build-up of beetle populations.
Potential for the spread of damaging insects to adjacent ownerships should be considered. The closer the ownership, the greater the risk. Generally, ownerships beyond one quarter of a mile will have little or no risk.
Value of residual trees should be considered. How much loss to residuals is acceptable?

B. Hazard Reduction Treatment Alternatives
Any treatment to reduce hazard should apply to the entire area where a hazard has been determined to exist, including the area where lopping for fire hazard reduction has been used. Treatment alternatives include modification of the brood material so that it is less suitable as a breeding site for beetles or methods to reduce beetle populations that have developed. 
Specific Treatment Alternatives applied to pine brood material are as follows:
(1) The following treatments are acceptable provided they are completed before insect broods emerge from infested material. During weather that is suitable for brood development, a five week window is the maximum time that should elapse between creation of brood material and its treatment by one of the following methods: brood material can be removed from the site for processing or disposal; if left on-site, it can be piled and burned, chipped, debarked, treated with an appropriate pesticide, or piled and covered with clear plastic. If brood material is piled and covered, the plastic used must be a minimum of 6 mil thick; piles must be completely sealed by the plastic so that there are no openings to the outside and remain covered for 6 months (or 4 months if at least 2 summer months are included).
(2) The following treatment is acceptable, provided it is completed as soon after brood material creation as is practical, but not later than one week. Lop all branches from the sides and tops of those portions of main stems which are 3” or more in diameter. Branches shall be scattered so that stems have maximum exposure to solar radiation. Do not pile brood material. Lopped stems could also be cut into short segments to decrease drying time and further reduce hazard.
(3) Burying brood material will prevent it from being colonized by beetles, but may not prevent emergence of the beetles. Therefore, it must be buried before becoming infested. During suitable weather, brood material must be buried concurrent with its creation.

1“Suitable” weather depends upon location. In areas that receive snowfall, suitable weather generally exists from April 15-October 15. In other areas, suitable weather exists from March 1-November 30.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513, and 4713, Public Resources Code.
HISTORY

1. New Appendix filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
2. Editorial correction inserting inadvertently omitted Appendix A and adding History 1 (Register 96, No. 50).
§957.10. Locating and Reporting.
Note     •     History

Timber operators, timber owners and foresters (RPF), if any employed on the operation, shall assist the State in determining the location of insect and disease outbreaks, and report such outbreaks to the Director or a representative of the Director.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4713, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 959.2 to section 957.10 filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
2. Renumbering of former section 959.2 to section 957.10 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§957.11. Performance Based Hazard Reduction. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. New section filed 11-30-2005; operative 1-1-2006 pursuant to Public Resources Code section 4554.5 (Register 2005, No. 48).
2. Repealer as provided in former section 957(b) (which expired by its own terms on 12-31-2008), filed 12-31 2008 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 1).
§957.12. Treatment of Logging Slash to Reduce Fire Hazard. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
HISTORY

1. New section filed 11-30-2005; operative 1-1-2006 pursuant to Public Resources Code section 4554.5 (Register 2005, No. 48).
2. Repealer as provided in former section 957(b) (which expired by its own terms on 12-31-2008), filed 12-31 2008 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 1).
Article 8. Fire Protection
§958. Fire Protection.
Note     •     History

When burning permits are required pursuant to PRC §4423, timber operators shall:
(a) Observe the fire prevention and control rules within this article.
(b) Provide and maintain fire suppression related tools and devices as required by PRC §§4427, 4428, 4429, 4431, and 4442.
(c) Submit each year, either before April 1st or before the start of timber operations a fire suppression resources inventory to the Department as required by the rules.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4423, 4427, 4428, 4429, 4431, 4442, 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
2. Amendment filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
3. Amendment of section and Note filed 8-16-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5 (Register 2010, No. 34).
§958.1. Fire Suppression Resources Inventory.
Note     •     History

The Fire Suppression Resources Inventory shall include, as a minimum, the following information:
(a) Name, address and 24-hour telephone number of an individual and an alternate who has authority to respond to Department requests for resources to suppress fires.
(b) Number of individuals available for fire fighting duty and their skills.
(c) Equipment available for fire fighting.
The Fire Suppression Resources Inventory shall be submitted to the ranger unit headquarters office of the Department having jurisdiction for the timber operation.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.
HISTORY

1. Repealer and new section filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
§958.2. Fire Plan Contents. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4428, 4429, 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment of subsection (e) and new subsection (f) filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
2. Repealer filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
§958.3. Roads to Be Kept Passable.
Note     •     History

Timber operators shall keep all logging truck roads in a passable condition during the dry season for fire truck travel until snag and slash disposal has been completed.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4428, 4429, 4551 and 4551.5, Public Resources Code.
HISTORY

1. Editorial correction adding NOTE filed 11-15-82 (Register 82, No. 47).
§958.4. Smoking and Matches.
Note     •     History

Subject to any law or ordinance prohibiting or otherwise regulating smoking, smoking by persons engaged in timber operations shall be limited to occasions where they are not moving about and are confined to cleared landings and areas of bare soil at least three feet (.914 m) in diameter. Burning material shall be extinguished in such areas of bare soil before discarding. The timber operator shall specify procedures to guide actions of his employees or other persons in his employment consistent with this subsection.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47).
§958.5. Lunch and Warming Fires.
Note     •     History

Subject to any law or ordinance regulating or prohibiting fires, warming fires or other fires used for the comfort or convenience of employees or other persons engaged in timber operations shall be limited to the following conditions:
1. There shall be a clearance of 10 feet (3.05 m) or more from the perimeter of such fires and flammable vegetation or other substances conducive to the spread of fire.
2. Warming fires shall be built in a depression in the soil to hold the ash created by such fires.
3. The timber operator shall establish procedures to guide actions of his employees or other persons in their employment regarding the setting, maintenance, or use of such fires that are consistent with (a) and (b) of this subsection.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4103.5, 4432, 4433, 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47).
§958.6. Posting Procedures.
Note     •     History

Timber operators shall post notices which set forth lists of procedures that they have established consistent with Sections 958.4 and 958.5. Such notices shall be posted in sufficient quantity and location throughout their logging areas so that all employees, or other persons employed by them to work, shall be informed of such procedures. Timber operators shall provide for diligent supervision and enforcement of fire prevention rules throughout their operations. 
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47).
§958.7. Blasting and Welding.
Note     •     History

Timber operators shall provide for a diligent fire watch service at the scene of any blasting or welding operations conducted on their logging areas to prevent and extinguish fires resulting from such operations.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4551.5, Public Resources Code.
HISTORY

1. Editorial correction adding NOTE filed 11-15-82 (Register 82, No. 47).
§958.8. Inspection for Fire.
Note     •     History

The timber operator or his/her agent shall conduct a diligent aerial or ground inspection within the first two hours after cessation of felling, yarding, or loading operations each day during the dry period when fire is likely to spread. The person conducting the inspection shall have adequate communication available for prompt reporting of any fire that may be detected.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Section 4551.5, Public Resources Code.
HISTORY

1. Amendment filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
2. Amendment filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
3. Editorial correction of Note (Register 97, No. 47).
§958.9. Glass Containers. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4551.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 958.9 to Section 958.10, and renumbering of former Section 958.10 to Section 958.9 filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
2. Repealer filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
§958.10. Cable Blocks.
Note     •     History

During the period when burning permits are required, all tail and side blocks on a cable setting shall be located in the center of an area that is either cleared to mineral soil or covered with a fire proof blanket that is at least 15 feet in diameter. A shovel and an operational full five-gallon back pump or a fire extinguisher bearing a label showing at least a 4A rating must be located within 25 feet of each such block before yarding.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4427, 4551 and 4551.5, Public Resources Code.
HISTORY

1. Renumbering of former Section 958.10 to Section 958.9, and renumbering and amendment of former Section 958.9 to Section 958.10 filed 11-15-82; effective thirtieth day thereafter (Register 82, No. 47). 
2. Amendment filed 6-21-89; operative 7-21-89 (Register 89, No. 25).
Article 9. Wildlife Protection Practices
§959. Wildlife Practice.
Note     •     History

Timber operations shall be planned and conducted to maintain suitable habitat for wildlife species as specified by the provisions of this Article. These provisions are in addition to those directly or indirectly provided in other rules of the Board of Forestry.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4713, Public Resources Code.
HISTORY

1. Repealer of former section 959, and renumbering and amendment of former section 959.1 to section 959 filed 6-16-83; designated effective 7-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 25).
2. Repealer of section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
3. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13). For prior history, see Register 91, No. 50.
4. Renumbering of former section 959 to section 957.9 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
5. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§959.1. Snag Retention.
Note     •     History

Within the logging area all snags shall be retained to provide wildlife habitat except as follows:
(a) If required by the Director during the review of a THP, snags over 20 feet in height and 16 inches dbh shall be felled in the following locations:
(1) Within 100 feet of main ridge tops that are suitable for fire suppression and delineated on a THP map.
(2) For hazard reduction within 100 feet of all public reads, permanent reads, seasonal reads, landings, and railroads.
(b) Where federal and state safety laws and regulations require the felling of snags.
(c) Within 100 feet of structures maintained for human habitation.
(d) Merchantable snags in any location as provided for in the plan, or
(e) snags whose falling is required for insect or disease control.
(f) When proposed by the RPF; where it is explained and justified that there will not be a significant impact to wildlife habitat needs or there is a threat to human health or safety, including fire where the Director determines a high hazard exists.
NOTE

Authority cited: Sections 4551, Public Resources Code. Reference: Sections 4513, 4551.5 and 4582.75, and 4583 Public Resources Code.
HISTORY

1. Renumbering and amendment of section 959.1 to section 959 filed 6-16-83; designated effective 7-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 25).
2. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§959.2. General Protection of Nest Sites.
Note     •     History

The following general standards for protection of Sensitive species shall apply.
(a) A pre-harvest inspection will normally be required when it is known or suspected that the minimum buffer zone surrounding an active nest of a Sensitive species is in or extends onto an area proposed for timber operations. When the California Department of Forestry is already familiar with the site, the Director, after consultation with the Department of Fish and Game, may waive this requirement.
(b) During timber operations, nest tree(s), designated perch tree(s), screening tree(s), and replacement tree(s), shall be left standing and unharmed except as otherwise provided in these following rules.
(c) Timber operations shall be planned and operated to commence as far as possible from occupied nest trees unless explained and justified by the RPF in the THP.
(d) When an occupied nest site of a listed bird species  is discovered during timber operations, the timber operator shall protect the nest tree, screening trees, perch trees, and replacement trees and shall apply the provisions of subsections (b) and (c) above and of section 919.2 (939.2, 959.2), and shall immediately notify the Department of Fish and Game and the Department of Forestry and Fire Protection. An amendment that shall be considered a minor amendment to the timber harvesting plan shall be filed reflecting such additional protection as is agreed between the operator and the Director after consultation with the Department of Fish and Game.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4582.75, 4583 and 4604, Public Resources Code; 14 CCR 670.5; and 50 CFR 17.11.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13). For prior history, see Register 91, No. 50.
3. Renumbering of former section 959.2 to section 957.10 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
4. Renumbering and amendment of former section 959.6 to section 959.2 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§959.3. Specific Requirements for Protection of Nest Sites.
Note     •     History

The following requirements shall apply to nest sites containing active nests and not to nest sites containing only abandoned nests.
(a) Buffer zones shall be established around all nest trees containing active nests. The buffer zone shall be designed to best protect the nest site and nesting birds from the effects of timber operations. In consultation with the Department of fish and Game, and as approved by the Director, an RPF or supervised designee shall flag the location of the boundaries of the buffer zone, and the configuration of the buffer zone. Consultation with the Department of Fish and Game shall be required pursuant to 14 CCR 898. Consideration shall be given to the specific habitat requirements of the bird species involved when configuration and boundaries of the buffer zone are established.
(b) The size of the buffer zone for each species shall be as follows:
(1) For the Bald eagle and Peregrine falcon, the buffer zone shall be a minimum of ten acres in size. The Director may increase the buffer zone beyond 40 acres in size so that timber operations will not result in a “take” of either species. The Director shall develop the buffer zone in consultation with the Department of Fish and Game and the RPF.
(2) For the Golden eagle, the buffer zone shall be a minimum of eight acres in size.
(3) For the Great blue heron and Great egret, the buffer zone shall consist of the area within a 300-foot radius of a tree or trees containing a 
group of five or more active nests in close proximity as determined by the Department of Fish and Game.
(4) For the Northern goshawk, the buffer zone shall be a minimum of five acres in size. When explained and justified in writing, the Director may increase the size of the buffer zone to a maximum of 20 acres when necessary to protect nesting birds.
(5) For the Osprey, the buffer zone may be up to five acres in size. When explained and justified in writing, the Director may increase the size of the buffer zone to a maximum of 18 acres when necessary to protect nesting birds.
(c) The following year-round restrictions shall apply within the buffer zone.
(1) For the Bald eagle, no clearcutting is allowed within the buffer zone. Selection, commercial thinning, sanitation-salvage, and the shelterwood regeneration method, except for the removal step, are permitted if all trees are marked prior to preharvest inspection. All nest trees containing active nests, and all designated perch trees, screening trees, and replacement trees, shall be left standing and unharmed.
(2) For the Golden eagle, no clearcutting is allowed within the buffer zone. All nest trees containing active nests, and all designated perch trees, screening trees, and replacement trees, shall be left standing and unharmed.
(3) For the Great blue heron and Great egret, all nest trees containing active nests shall be left standing and unharmed.
(4) For the Northern goshawk, designated nest trees, screening trees, perch trees, and replacement trees shall be left standing and unharmed. Only the commercial thinning, sanitation-salvage, and selection regeneration methods are permitted in the buffer zone.
(5) For the Osprey, all designated nest trees, perch trees, screening trees, and replacement trees shall be left standing and unharmed. If the RPF believes that retention is not feasible, he may propose construction of an artificial nest structure as an alternative.
(6) For the Peregrine falcon, where timber provides part of the immediate nesting habitat, special cutting prescriptions may be required by the Director on an area up to ten acres in size immediately surrounding the nest. The cutting prescriptions shall protect the nesting habitat.
(d) Critical periods are established for each species and requirements shall apply during these critical periods as follows:
(1) For the Bald eagle, the critical period is January 15 until either August 15 or four weeks after fledging, as determined by the Director. During this critical period, no timber operations are permitted within the buffer zone. Exceptions may be approved by the Director, after consultation with the Department of Fish and Game to allow hauling on existing roads that normally receive use within the buffer zone during the critical period.
(2) For the Golden eagle, the critical period is January 15 until April 15 for active nests, and is extended from April 15 until either September 1 or until the birds have fledged may occupied nests. During this critical period, hauling on existing roads that normally receive use during the critical period is permitted. Other timber operations are not permitted within the buffer zones.
(3) For the Great blue heron and Great egret, the critical period is February 15 until July 1 for coastal counties south of and including Marin County. For all other areas, the period is from March 15-July 15. During this critical period, timber operations within the buffer zone shall be staged with a gradual approach to the nest.
(4) For the Northern goshawk, the critical period is from March 15 until August 15. During this critical period, no timber operations are permitted; however, new road construction is permitted if the Director determines that there is no feasible alternative. Exceptions may be approved by the Director after consultation with the Department of Fish and Game to allow hauling on existing roads that normally receive use within the buffer zone during the critical period.
(5) For the Osprey, the critical period is March 1 to April 15 for active nests in coastal counties including Mendocino County and those south of it. This period is extended from April 15 until August 1 for occupied nests. For all other areas, the critical period is March 15 until May 1 for active nests, and is extended from May 1 to August 15 for occupied nests. During the critical period, at nest sites where Osprey have shown historical tolerance to disturbance, timber operations are permitted using a gradual approach to the nest, except that no cutting is permitted. Where Osprey are determined by the Director to be intolerant to timber operations, no timber operations are permitted within the buffer zone unless the Director determines that there are no feasible alternatives.
(6) For the Peregrine falcon, the critical period is February 1 until April 1 for active nests, and is extended until July 15 for occupied nests. During the critical period, no timber operations are permitted within the buffer zone. However, when the Director, after consultation with the Department of Fish and Game determines that Peregrines have shown a tolerance to hauling activity in the past, hauling on existing roads that normally receive use during the critical period within the buffer zone is permitted.
(e) The following requirements shall apply to helicopter logging during the critical period.
(1) For the Bald eagle, helicopter yarding within one-quarter mile radius of the nest tree is prohibited. Helicopter yarding between one-quarter and one-half mile of the nest tree is permitted when timber operations are conducted so that helicopter yarding gradually approaches the one-quarter mile radius limit.
(2) For the Golden eagle and Northern goshawk, helicopter yarding within one-quarter mile radius of the nest is prohibited.
(3) For the Osprey, helicopter yarding within one-quarter mile radius of the nest is prohibited between April 15 and June 15.
(4) For the Peregrine falcon, helicopter yarding is prohibited within one-half mile of the nest.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Renumbering and amendment of former section 959.7 to section 959.3 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
3. Amendment of subsection (a) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§959.4. Non-listed Species.
Note     •     History

Where significant adverse impacts to non-listed species are identified, the RPF and Director shall incorporate feasible practices to reduce impacts as described in 14 CCR 898.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§959.5. Alternatives.
Note     •     History

The RPF may propose alternatives to the requirements of this chapter, and the Director may approve such alternatives provided all of the following conditions are met:
(a) The RPF develops the alternative in consultation with the Department of Fish and Game.
(b) The Director consults with the Department of Fish and Game and makes findings that the alternative conforms to (c), below, prior to approving the alternative.
(c) The alternative will provide protection for nesting birds and their nesting sites equal to or greater than the protection that would be afforded by the application of the normal rules set forth in this chapter.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Repealer of section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
3. Renumbering and amendment of former section 959.8 to section 959.5 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§959.6. General Protection of Nest Sites. [Renumbered]
History

HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Renumbering and amendment of former section 959.6 to section 959.2 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§959.7. Specific Requirements for Protection of Nest Sites. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Renumbering and amendment of former section 959.7 to section 959.3 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§959.8. Alternatives. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
HISTORY

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Renumbering and amendment of former section 959.8 to section 959.5 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
§959.12. Sensitive Species Classification.
Note     •     History

The Board of Forestry has the responsibility under the FPA to provide protection to all species occurring in the state's forestlands. The procedure to identify those species that warrant special protection during timber operations is described as follows:
(a) The public or public agencies may petition the Board to classify a species as a “Sensitive Species.” For the Board to consider such a petition, it must contain a discussion of the following topics:
(1) Range and distributional status of the species which includes an assessment of occurrence in timberland as defined by the FPA and rules.
(2) Indices of population trends describing the abundance of the species.
(3) Biotic and abiotic factors affecting the population viability or status of the species. Specific attention should be given to factors related to forest management and harvesting. This should include threats to population and habitat viability, including direct, indirect, and cumulative effects from these and other threats.
(4) Habitat availability and trends that include, but are not limited to, an assessment of the following as appropriate:
A. Dependence on general habitat conditions altered by typical forest management activities and projected time for habitat recovery,
B. Dependence on special habitat elements adversely impacted by timber operations,
C. Habitat continuity and juxtaposition requirements as an evaluation of sensitivity to habitat fragmentation.
(5) Suggested feasible protective measures required to provide for species protection.
(6) Other information specific to the species proposed that the petitioner believes to be relevant in assisting the Board to evaluate the petition.
(7) Sources of information relied upon to complete the petition.
(8) Recommended forest practice rules to provide guidance to RPF's, LTO's, landowners and the Director on species protection.
(9) The potential economic impacts of classifying a species sensitive.
(b) The Board will consult with the U.S. Fish and Wildlife Service, the California Fish and Game Commission, the California Department of Fish and Game, and others as appropriate. After consultation, the Board shall classify a species as sensitive after a public hearing if it finds:
(1) The California population requires timberland as habitat for foraging, breeding, or shelter, and
(2) The California population is in decline or there is a threat from timber operations, and
(3) Continued timber operations under the current rules of the Board will result in a loss of the California population viability.
(c) The Board shall consult with the U.S. Fish and Wildlife Service, the California Department of Fish and Game, and others as appropriate. After consultation and a public hearing, the Board will declassify a species as sensitive if it no longer meets the criteria for classification.
(d) The Board shall consider, and when possible adopt, regulations using the best available scientific information to establish the feasible mitigations for protection of the species at the same time such species is classified sensitive.
(e) Where rules are not adopted for the protection of the species at the time of classification, the Board shall begin development of proposed regulations for protection of the species.
Within one year of the classification of a species as sensitive, the Board shall hold a hearing on proposed regulations to establish the protection standards for that species according to the best available scientific information.
NOTE

Authority cited: Sections 4551, 4552, 4553 and 4582, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552 and 4582, Public Resources Code.
HISTORY

1. New section filed 8-31-92; operative 9-30-92 (Register 92, No. 36).
§959.15. Protection of Wildlife Habitat.
Note     •     History

(a) Where present at time of timber harvest 400 square feet basal area of oak per 40 acres should be retained and protected, giving preference to deciduous oaks. Oaks should be retained on areas designated by the Department of Fish and Game as deer migration corridors, holding areas, or key ranges when consistent with good forestry practices.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551, 4561 and 4561.1, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 953.8 to section 959.15 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
2. Editorial correction of Reference cite (Register 95, No. 14).
3. Amendment of subsection (b) filed 11-22-2006; operative 12-22-2006 (Register 2006, No. 47). For additional history, see Register 92, No. 40.
4. Repealer of subsection (b) filed 10-6-2011; operative 1-1-2012 pursuant to Public Resources Code section 4551.5 (Register 2011, No. 40).
§959.16. Late Succession Forest Stands.
Note     •     History

(a) When late succession forest stands are proposed for harvesting and such harvest will significantly reduce the amount and distribution of late succession forest stands or their functional wildlife habitat value so that it constitutes a significant adverse impact on the environment as defined in Section 895.1, the RPF shall provide habitat structure information for such stands.
A statement of objectives over time shall be included for late succession forest stands on the ownership.  The THP, SYP, or NTMP shall include a discussion of how the proposed harvesting will affect the existing functional wildlife habitat for species primarily associated with late succession forest stands in the plan or the planning watershed, as appropriate, including impacts on vegetation structure, connectivity, and fragmentation.  The information needed to address this subsection shall include, but is not limited to:
(1) --A map(s) showing: A) late succession forest stands within the planning watershed and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands that are on the ownership, B) those stands which are currently proposed to be harvested, and C) known stands on other ownerships.
(2) --A list of fish, wildlife and listed species known to be primarily associated with the late succession forest stands in the planning watershed(s) compiled by the RPF or supervised designee using the “California Wildlife Habitat Relationships System” (WHR), the California Natural Diversity Database, and local knowledge of the planning watershed.
(3) --Description of functional wildlife habitat elements that are important for fish, wildlife and listed species primarily associated with late succession forest stands within the planning watershed(s).
(4) --A description of the structural characteristics for each late succession forest stand and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands within the planning watershed including a discussion of important functional wildlife habitat elements identified in (3).  Methods used to develop the description, which may be an ocular estimate, shall also be described.
(5) --A description of the functional wildlife habitat objectives, such as anticipated long-term landscape patterns, stand structure for late succession forest stands and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands, and a discussion of anticipated recruitment procedures for important functional wildlife habitat elements.  Coordination of functional wildlife habitat objectives on landscape features among ownerships within mixed-ownership planning watersheds is encouraged.
(6) --An analysis of the long-term significant adverse effects on fish, wildlife, and listed species known to be primarily associated with late succession forests.
(b) Where timber operations will result in long-term significant adverse effects on fish, wildlife, and listed species known to be primarily associated with late succession forests in a THP, SYP, NTMP or planning watershed, feasible mitigation measures to mitigate or avoid such long-term significant adverse effects shall be described and incorporated in the THP, SYP or NTMP.  Where long-term significant adverse effects cannot be avoided or mitigated, the THP, SYP, or NTMP shall identify the measures that will be taken to reduce those remaining effects and provide reasons for overriding concerns pursuant to 14 CCR Section 898.1(g), including a discussion of the alternatives and mitigation considered.
(c) A THP, SYP, or NTMP submitter may request that the Director waive subsection (a) above.  The Director, after conferring with review team agencies with jurisdiction, may waive subsection (a) above when substantial evidence is presented that would support a determination that post-harvest late succession forest stands or functional wildlife habitat will continually provide adequate structure and connectivity to avoid or mitigate long-term significant adverse effects on fish, wildlife, and listed plant species known to be primarily associated with late succession forest stands within the planning watersheds.
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.5, 4562.7 and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4526, 4551.5, 4562.5, 5093.50, 21001(f) and 21080.5, Public Resources Code; Section 5650(c), Fish and Game Code; 16 USC 1532; 50 CFR 17.3; 50 CFR 17.11. 
HISTORY

1. New section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).  For prior history, see Register 92, No. 40.
2. Amendment of subsection (a)(2) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§959.17. Protection of Old Growth Forest Components. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551 and 21160, Public Resources Code. Reference: Sections 4512, 4513 and 21001, Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744 (Sept. 23, 1991 Rehg. granted Oct. 23, 1991). 
HISTORY

1. New section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer of emergency adoption filed 11-25-91 by operation of Government Code section 11346.1(g) (Register 92, No. 40).
§959.18. Protection of Ancient Forest Components. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551 and 21160, Public Resources Code. Reference: Sections 4512, 4513 and 21001, Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744 (Sept. 23, 1991 Rehg. granted Oct. 23, 1991). 
HISTORY

1. New section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer of emergency adoption filed 11-25-91 by operation of Government Code section 11346.1(g) (Register 92, No. 40).
Article 10. Violation of Rules  Prior to Changes
§960. Violations of Rules Prior to Changes.
Note

Amendment, modification or repeal of rules shall not, unless otherwise provided, bar action on prior violations of rules as they stood at the time of violation.
NOTE

Authority cited for Article 10 (Section 960): Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512 and 4513, Public Resources Code. 
Article 11. Coastal Commission Special Treatment Areas
§961. Coastal Commission Special Treatment Areas.
Note     •     History

The purpose of this article is to protect the natural and scenic qualities as reflected in the criteria and objectives for each of the Coastal Commission Special Treatment Areas designated and adopted by the California Coastal Commission on July 5, 1977, while at the same time allowing management and orderly harvesting of timber resources within these areas. In addition to the statutes and other regulations governing timber harvesting, the following practices are required when conducting timber operations in such Special Treatment Areas.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4583 and 30417, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37).
§961.1. Preliminary Field Work and Timber Harvesting Plans.
Note     •     History

(a) The following preliminary field work shall be required in the Coastal Commission Special Treatment Areas and shall be completed prior to submission of the plan to the Director:
(1) When a boundary of a Coastal Commission Special Treatment Area is within or contiguous to a plan area, the boundary shall be clearly identified on the ground, by the RPF preparing the plan or supervised designee, with paint, flagging or other suitable means.
(2) All timber proposed for harvest shall be clearly marked with paint at points approximately 4 1/2 feet (1.37 m) above the ground and at ground level.
(3) The following wildlife considerations shall be followed:
(A) Live trees, as designated on the ground by the Departments of Fish and Game or Forestry and Fire Protection and or the RPF or supervised designee, with visible evidence of current use as nesting sites by hawks, owls, or waterfowl shall not be marked for cutting.
(B) Live trees as designated on the ground by the Departments of Fish and Game or Forestry and Fire Protection or the RPF or supervised designee, with visible evidence of nesting by eagles, osprey, or any endangered species, as identified by the Department of Fish and Game, shall not be marked for cutting.
(C) Live trees constituting a rookery for herons and/or egrets shall not be marked for cutting unless authorization in writing from the Department of Fish and Game is granted to the timber owner.
(4) All logging roads proposed to be constructed or reconstructed, main skid trails and those minor skid trails that would require or result in substantial soil displacement, and landing locations shall be clearly marked on the ground with flagging or other appropriate marking, keyed to the various projects.
(5) The boundary of the watercourse and lake protection zones shall be flagged or otherwise marked on the ground and shall include all slides and areas with visible evidence of slope instability which extend to the watercourse and lake protection zone.
(b) The following requirements shall be adhered to in submitting plans in Coastal Commission Special Treatment Areas:
(1) Plan maps shall be at a scale of at least 4 inches to the mile (6.3 cm per km).
(2) The plan map must show the location of and identify the following: All log landings proposed to be used, and all main skid trails, all logging roads, all watercourses, lakes, marshes and boundaries of Coastal Commission Special Treatment Areas within or contiguous to the plan area.
(3) An initial inspection of the area in which timber operations are to be conducted shall be made within 10 days from the date of filing of the plan, or such longer period as may be mutually agreed upon by the Director and the person submitting the plan. The RPF who prepared the plan shall attend the initial inspection. The timber owner and timber operator or their agents should attend the initial inspections.
(4) In applying the rules the RPF shall, when selecting feasible alternatives required by 14 CAC 898, follow the criteria and management objectives used by the Coastal Commission in selecting that area for special treatment. (See 14 CAC 912.)
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4582 and 30417, Public Resources Code.
HISTORY

1. Amendment filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37).
2. Editorial correction of subsection (a) filed 8-15-83 (Register 83, No. 37).
3. Amendment of subsection (b)(4) filed 7-3-86; effective thirtieth day thereafter (Register 86, No. 27).
4. Amendment of subsections (a)(5) and (b)(2) filed 8-7-95; operative 8-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 32).
5. Amendment of subsections (a)(1), (a)(3)(A) and (a)(3)(B) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§961.2. Exemptions from Timber Harvesting Plan Requirements.
Note     •     History

Notwithstanding 14 CAC 1038, exemptions from plan filing requirements in the Coastal Commission Special Treatment Areas shall only be allowed for minor operations where no live trees are cut.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4583 and 30417, Public Resources Code.
HISTORY

1. New NOTE filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37).
§961.3. Silvicultural Methods.
Note     •     History

The objective of this Section is to prescribe silvicultural methods that will protect the long-term productivity of soils and timberlands in Coastal Commission Special Treatment Areas and protect the natural and scenic qualities of these areas. The following silvicultural methods as prescribed below will be applied in Coastal Commission Special Treatment Areas. 14 CAC 953 through 953.13, defines these methods.
(a) Commercial Thinning or Selection Methods. When the commercial thinning or the selection silvicultural method is used the following standards are required:
(1) In the pine type, after timber operations have been completed, at least 50% by number of those trees 18 inches (45.7 cm) or larger d.b.h. and at least 50% by number of those trees 12 inches (30.5 cm) d.b.h., but less than 18 inches (45.7 cm) d.b.h. must be left.
(2) In the redwood type, after timber operations have been completed, at least 50% by number of those trees 12 to 18 inches (30.5 cm to 45.7 cm), 18 to 32 inches (45.7 cm to 81.3 cm) and 32 inches (81.3 cm) or larger d.b.h. must be left.
(3) These leave tree requirements shall be calculated from the timber stand existing prior to the commencement of timber operations. Leave trees shall be thrifty, coniferous trees which are dominant or co-dominant in crown class prior to timber harvesting or which have crowns typical of such dominant and co-dominant trees. They shall be free from substantial damage caused by timber operations. No cut conifer tree shall be more than 75 feet (22.86 m) from a leave tree over 18 inches (45.7 cm) d.b.h. located within the logging area.
(4) Immediately following completion of timber operations, stocking must meet or exceed stocking standards of 14 CAC 961.4.
(5) A report of stocking as described in PRC 4587 shall be filed within six months following completion of work as described in the plan.
(b) When the Sanitation Salvage Silvicultural Method is used, the following practices are required:
(1) A determined effort shall be made to regenerate any cut area during the first planting season following log removal. Necessary site preparation, planting or seeding shall be completed within the first planting season following logging except where unusual and adverse weather conditions require extending site preparation and planting into the following planting season. Deficiencies in stocking shall be corrected by planting annually until full stocking requirements are met.
(2) Operations utilizing the sanitation salvage silvicultural method shall meet the basal area or point count stocking standards of 14 CAC 961.4 within 5 years after the completion of timber operations.
(c) The standards for silvicultural methods under this section may be modified when explained and justified in the plan. Proposed modifications shall protect the natural and scenic qualities of the Coastal Commission Special Treatment Areas to at least the same extent as otherwise provided in these rules.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4561 and 30417, Public Resources Code.
HISTORY

1. Amendment filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37). 
§961.4. Stocking Requirements.
Note     •     History

The stocking standards for substantially damaged timberlands and understocked timberlands as provided by 14 CAC 1080 through 1081.1 and 1085 through 1085.6 are not applicable in Coastal Commission Special Treatment Areas in the Southern Forest District. After completion of timber operations, one of the following stocking standards must be met:
(a) Basal Area. The average residual basal area shall be at least 125 square feet per acre (28.69 m2 per ha) on Site I lands, 100 square feet per acre(22.96 m2 per ha) on Site II and Site III lands, and 75 square feet per acre (17.22 m2 per ha) on Site IV and V lands; or
(b) Point Count. The area contains an average point count as specified below:
(1) On Site I and II lands the area contains an average point count of 450 per acre (1111.9 per ha), to be computed as follows:
(A) 450 countable trees per acre (1111.9 per ha) not more than 4 inches (10.2 cm) d.b.h.; each tree to count as 1 toward meeting stocking requirements.
(B) 150 countable trees per acre (370.6 per ha) over 4 inches (10.2 cm) d.b.h. and not more than 12 inches (30.5 cm) d.b.h.; each tree to count as 3 toward meeting stocking requirements.
(C) 75 countable trees per acre (185.3 per ha) over 12 inches (30.5 cm) d.b.h.; each tree to count as 6 toward meeting stocking requirements.
(2) On Site III, IV and V lands the area contains an average point count of 300 per acre, (741.3 per ha) to be computed as follows:
(A) 300 countable trees per acre (741.3 per ha) not more than 4 inches (10.2 cm) d.b.h.; each tree to count as 1 toward meeting stocking requirements.
(B) 100 countable trees per acre (247.1 per ha) over 4 inches (10.2 cm) d.b.h. and not more than 12 inches (30.5 cm) d.b.h.; each tree to count as 3 toward meeting stocking requirements.
(C) 50 countable trees per acre (123.5 per ha) over 12 inches (30.5 cm) d.b.h; each tree to count as 6 toward meeting stocking requirements.
Redwood root crown sprouts will be counted using the average stump diameter 1 foot (.305 m) above average ground level of the original stump from which the redwood root crown sprouts originate counting 1 sprout for each 1 foot (.305 m) of stump diameter to a maximum of 6 per stump.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4583 and 30417, Public Resources Code.
HISTORY

1. New NOTE filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37).
§961.5. Logging Practices.
Note     •     History

The following logging practices shall be adhered to:
(a) Tractor logging and tractor preparation of tree layouts shall not be permitted on slopes averaging over 50% unless it can be shown that tractor logging will result in less soil disturbance than would result from an alternative method.
(b) Roads shall be single lane, and generally the travel surface shall be no more than 12 feet (3.67 m) in width, except where alignment, safety, and equipment necessary to conduct the operation requires additional width. Deviations shall be explained and justified in the plan.
(c) An RPF may obtain a relocation of the main skid trails from that shown on the approved plan if the Director concurs after an inspection on the ground. Such relocation may be treated as a minor deviation with the plan so amended.
(d) Roads shall not be constructed through slide areas or areas with visible evidence of slope instability unless the alignment is the best available alternative and special design features are incorporated in the plan. There shall be provisions in the plan to maintain the design features or provisions to maintain or improve the stability of the area after completion of the use.
(e) Roads, landings, cuts and fills shall be screened from direct view to the extent feasible by leaving screen trees and other vegetation between the disturbed areas and public areas utilized by substantial numbers of viewers.
(f) Soil disturbance, other than that incident to necessary road maintenance, whether with tractor or by cable means, shall not occur under excessively wet ground conditions that could result in substantial soil compaction and erosion.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4562.5, 4562.7 and 30417, Public Resources Code.
HISTORY

1. Amendment filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37).
2. Editorial correction of subsection (e) (Register 95, No. 41).
3. Amendment of subsection (c) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§961.6. Hazard Reduction.
Note     •     History

There shall be no broadcast burning within Coastal Commission Special Treatment Areas. Piles surrounded by a firebreak may be burned, provided the burning is confined to the individual pile, and is in a location and conducted in a manner that will not damage the residual trees or reproduction. An exception may be approved by the Director when a prescribed burning plan is submitted as part of the plan which explains and justifies broadcast burning in the Coastal Commission Special Treatment Areas.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4583 and 30417, Public Resources Code.
HISTORY

1. New NOTE filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37).
§961.7. Watercourse and Lake Protection.
Note     •     History

Watercourse and lakeside vegetation shall be protected and remain standing to the degree necessary to protect scenic and natural qualities and protect the beneficial uses of water. In addition to the requirements of 14 CCR 956 through 956.8, the following standards shall apply in the Coastal Commission Special Treatment Areas:
The Watercourse and Lake Protection Zone shall be 150 feet on each side of Class I watercourses and lakes, and 100 feet on each side of Class II watercourses.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4562.7 and 30417, Public Resources Code.
HISTORY

1. Amendment filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37).
2. Amendment of section heading and section filed 8-7-95; operative 8-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 32).
§961.8. Buffer Zones Within the Coastal Zone.
Note     •     History

A 200 foot (60.96 m) buffer zone shall be established adjacent to the boundaries of all publicly owned preserves and recreation areas within the Coastal Zone where the following restrictions shall apply:
(a) The use of the clear-cut silvicultural method is prohibited.
(b) A well distributed stand of trees shall be left within the buffer zone. The leave tree requirements of the commercial thinning or selection method shall be met or exceeded immediately following completion of timber operations.
(c) Roads, landings, and cuts and fills shall be screened from direct view by leaving screen trees and other vegetation between the disturbed areas and public areas utilized by substantial numbers of viewers.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4583 and 30417, Public Resources Code.
HISTORY

1. New NOTE filed 8-10-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 37).
Article 12. Logging Roads and Landings
§963. Logging Roads and Landings.
Note     •     History

All logging roads and landings in the logging area shall be planned, located, constructed, reconstructed, used, and maintained in a manner which: is consistent with long-term enhancement and maintenance of the forest resource; best accommodates appropriate yarding systems and economic feasibility; minimizes damage to soil resources and fish and wildlife habitat; and prevents degradation of the quality and beneficial uses of water. The provisions of this article shall be applied in a manner which complies with this standard. 
Factors that shall be considered when selecting feasible alternatives (see 14 CCR 897 and 898) shall include, but are not limited to, the following:
(a) Use of existing roads whenever feasible.
(b) Use of systematic road layout patterns to minimize total mileage.
(c) Planned to fit topography to minimize disturbance to the natural features of the site.
(d) Avoidance of routes near the bottoms of steep and narrow canyons, through marshes and wet meadows, or unstable areas, and near watercourses or near existing nesting sites of threatened or endangered bird species.
(e) Minimization of the number of watercourse crossings.
(f) Location of roads on natural benches, flatter slopes and areas of stable soils to minimize effects on watercourses.
(g) Use of logging systems which will reduce excavation or placement of fills on unstable areas.
NOTE

Authority cited: Sections 4551, 4551.5, 4553 and 4562.5, Public Resources Code. Reference: Sections 4512, 4551.5, 4562.5 and 4562.7, Public Resources Code; California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. New article 12 (sections 963-963.7) filed 8-4-83; designated effective 10-1-83 (Register 83, No. 32).
2. Amendment filed 7-3-86; effective thirtieth day thereafter (Register 86, No. 27).
3. Amendment of first paragraph and subsections (c), (d) and (g) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
§963.1. Planning for Roads and Landings.
Note     •     History

The following standards for logging roads and landings shall be adhered to:
(a) All logging roads shall be located and classified on the THP map as permanent, seasonal, or temporary. Road failures on existing roads which will be reconstructed shall also be located on the THP map. In addition to the requirements of 14 CCR 1034(v), the probable location of those landings which require substantial excavation or which exceed one quarter acre in size, shall be shown on the THP map.
(b) New logging roads shall be planned in accordance with their classification and maintenance requirements.
(c) Logging roads and landings shall be planned and located, when feasible, to avoid unstable areas. The Director shall approve an exception if those areas are unavoidable, and site-specific measures to minimize slope instability due to construction are described and justified in the THP. 
(d) Where roads and landings will be located across 100 feet or more of lineal distance on any slopes over 65% or on slopes over 50% which are within 100 feet of the boundary of a WLPZ, measures to minimize movement of soil and the discharge of concentrated surface runoff shall be incorporated in the THP. The Director may waive inclusion of such measures where the RPF can show that slope depressions, drainage ways, and other natural retention and detention features are sufficient to control overland transport of eroded material. The Director may require end-hauling of material from areas within 100 feet of the boundary of a WLPZ to a stable location if end-hauling is feasible and is necessary to protect water quality. The Director shall require maintenance provisions in the THP for drainage structures and facilities provided that such maintenance is feasible and necessary to keep roadbeds and fills stable.
(e) New logging roads shall not exceed a grade of 15% except that pitches of up to 20% shall be allowed not to exceed 500 continuous feet (152.4 m). These percentages and distances may be exceeded only where it can be explained and justified in the THP that there is no other feasible access for harvesting of timber or where in the Northern or Southern Districts use of a gradient in excess of 20% will serve to reduce soil disturbance.
(f) Roads and landings shall be planned so that an adequate number of drainage facilities and structures are installed to minimize erosions on roadbeds, landing surfaces, sidecast and fills.
(g) Unless exceptions are explained and justified in the THP, general planning requirements for roads shall include:
(1) Logging roads shall be planned to a single-lane width compatible with the largest type of equipment used in the harvesting operation with turnouts at reasonable intervals.
(2) Roads shall be planned to achieve as close a balance between cut volume and fill volume as is feasible.
(3) When roads must be planned so that they are insloped and ditched on the uphill side, drainage shall be provided by use of an adequate number of ditch drains.
(h) Road construction shall be planned to stay out of Watercourse and Lake Protection Zones. When it is a better alternative for protection of water quality or other forest resources, or when such roads are the only feasible access to timber, exceptions may be explained and justified in the THP and shall be agreed to by the Director if they meet the requirements of this subsection.
(i) All logging roads to be constructed shall be flagged or otherwise identified on the ground before submission of a THP or substantial deviation, except for temporary roads less than 600 feet in length that would meet the requirements for a minor deviation (see 14 CCR 1036, 1039, 1040) if they were submitted as such. Exceptions may be explained and justified in the THP and agreed to by the Director if flagging or other identification is unnecessary as a substantial aid to examining (1) compatibility between road location and yarding and silvicultural systems or (2) possible significant adverse effects of road location on water quality, soil productivity, wildlife habitat, or other special features of the area.
(j) If logging roads will be used from the period of October 15 to May 1, hauling shall not occur when saturated soil conditions exist on the road that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551 and 4551.5, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Amendment of subsections (a), (c), (d) and (i) filed 2-11-91; operative 2-13-91 (Register 91, No. 14).
2. Amendment of subsection (i) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
3. New subsection (j) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
4. Amendment of subsection (j) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§963.2. Road Construction.
Note     •     History

Logging roads shall be constructed or reconstructed in accordance with the following requirements or as proposed by the RPF, justified in the THP, and found by the Director to be in conformance with the requirements of this article.
(a) Logging roads shall be constructed in accordance with the approved THP. If a change in designation of road classification is subsequently made, the change shall be reported in accordance with 14 CCR 1039 or 1040, as appropriate.
(b) Where a road section which is greater than 100 feet in length crosses slopes greater than 65 percent, placement of fill is prohibited and placement of sidecast shall be minimized to the degree feasible. The Director may approve an exception where site specific measures to minimize slope instability, soil erosion, and the discharge of concentrated surface runoff are described and justified in the THP.
(c) On slopes greater than 50 percent, where the length of road section is greater than 100 feet, and the road is more than 15 feet wide (as measured from the base of the cut slope to the outside of the berm or shoulder of the road) and the fill is more than 4 feet in vertical height at the road shoulder for the entire 100 feet the road shall be constructed on a bench that is excavated at the proposed toe of the compacted fill and the fill shall be compacted. The Director may approve exception to this requirement where on a site-specific basis if the RPF has described and justified an alternative practice that will provide equal protection to water quality and prevention of soil erosion.
(d) Roads shall be constructed so no break in grade, other than that needed to drain the fill, shall occur on through fill; breaks in grade shall be above or below the through fill, as appropriate. Where conditions do not allow the grade to break as required, through fills must be adequately protected by additional drainage structure or facilities.
(e) Through fills shall be constructed in approximately one foot lifts.
(f) On slopes greater than 35 percent, the organic layer of the soil shall be substantially disturbed or removed prior to fill placement. The RPF may propose an exception in the THP and the Director may approve the exception where it is justified that the fill will be stabilized.
(g) Excess material from road construction and reconstruction shall be deposited and stabilized in a manner or in areas where downstream beneficial uses of water will not be adversely affected.
(h) Drainage structures and facilities shall be of sufficient size, number and location to carry runoff water off of roadbeds, landings and fill slopes. Drainage structures or facilities shall be installed so as to minimize erosion, to ensure proper functioning, and to maintain or restore the natural drainage pattern. Permanent watercourse crossings and associated fills and approaches shall be constructed where feasible to prevent diversion of stream overflow down the road and to minimize fill erosion should the drainage structure become plugged.
(i) Where there is evidence that soil and other debris is likely to significantly reduce culvert capacity below design flow, oversize culverts, trash racks, or similar devices shall be installed in a manner that minimizes culvert blockage.
(j) Waste organic material, such as uprooted stumps, cull logs, accumulations of limbs and branches, and unmerchantable trees, shall not be buried in road fills. Wood debris or cull logs and chunks may be placed and stabilized at the toe of fills to restrain excavated soil from moving downslope.
(k) Logging roads shall be constructed without overhanging banks.
(l) Any tree over 12 inches (30.5 cm) d.b.h. with more than 25 percent of the root surface exposed by road construction, shall be felled concurrently with the timber operations.
(m) Sidecast or fill material extending more than 20 feet (6.1 m) in slope distance from the outside edge of the roadbed which has access to a watercourse or lake which is protected by a WLPZ shall be seeded, planted, mulched, removed, or treated as specified in the THP, to adequately reduce soil erosion.
(n) All culverts at watercourse crossings in which water is flowing at the time of installation shall be installed with their necessary protective structures concurrently with the construction and reconstruction of logging roads. Other permanent drainage structures shall be installed no later than October 15. For construction and reconstruction of roads after October 15, drainage structures shall be installed concurrently with the activity.
(o) Drainage structures and drainage facilities on logging roads shall not discharge on erodible fill or other erodible material unless suitable energy dissipators are used. Energy dissipators suitable for use with waterbreaks are described in 14 CCR 954.6(f).
(p) Where roads do not have permanent and adequate drainage, the specifications of section 954.6 shall be followed.
(q) Drainage facilities shall be in place and functional by October 15. An exception is that waterbreaks do not need to be constructed on roads in use after October 15 provided that all such waterbreaks are installed prior to the start of rain that generates overland flow.
(r) No road construction shall occur under saturated soil conditions that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements, except that construction may occur on isolated wet spots arising from localized ground water such as springs, provided measures are taken to prevent material from significantly damaging water quality.
(s) Completed road construction shall be drained by outsloping, waterbreaks and/or cross-draining before October 15. If road construction takes place from October 15 to May 1, roads shall be adequately drained concurrent with construction operations.
(t) Roads to be used for log hauling during the winter period shall be, where necessary, surfaced with rock in depth and quantity sufficient to maintain a stable road surface that does not produce sediment in quantities that may cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or would violate Water Quality Requirements throughout the period of use. Exceptions may be proposed by the RPF, justified in the THP, and found by the Director to be in conformance with the requirements of this subsection.
(u) Slash and other debris from road construction shall not be bunched against residual trees which are required for silvicultural or wildlife purposes, nor shall it be placed in locations where it could be discharged into Class I or II watercourses.
(v) Road construction activities in the WLPZ, except for stream crossings or as specified in the THP, shall be prohibited.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b); Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Amendment of first paragraph and subsections (a), (h), (m), (n), (o), (q) and (v), and new subsections (b), (c), (f), and (i); deletion of former subsection (r); and renumbering filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
2. Amendment of subsection (c) and Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
3. Amendment of subsection (s) filed 12-1-98; operative 1-1-99 (Register 98, No. 49).
4. Amendment of subsections (r) and (t) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§963.3. Watercourse Crossings.
Note     •     History

Watercourse crossing drainage structures on logging roads shall be planned, constructed, reconstructed, and maintained or removed, according to the following standards. Exceptions may be provided through application of Fish and Game Code Sections 1600 et seq. and shall be included in the THP. 
(a) The location of all new permanent watercourse crossing drainage structures and temporary crossings located within the WLPZ shall be shown on the THP map. If the structure is a culvert intended for permanent use, the minimum diameter of the culvert shall be specified in the plan. 
(b) The number of crossings shall be kept to a feasible minimum. 
(c) Drainage structures on watercourses that support fish shall allow for unrestricted passage of all life stages of fish that may be present, and shall be fully described in the plan in sufficient clarity and detail to allow evaluation by the review team and the public, provide direction to the LTO for implementation, and provide enforceable standards for the inspector. 
(d) When watercourse crossings, other drainage structures, and associated fills are removed the following standards shall apply: 
(1) Fills shall be excavated to form a channel that is as close as feasible to the natural watercourse grade and orientation, and that is wider than the natural channel. 
(2) The excavated material and any resulting cut bank shall be sloped back from the channel and stabilized to prevent slumping and to minimize soil erosion. Where needed, this material shall be stabilized by seeding, mulching, rock armoring, or other suitable treatment. 
(e) All permanent watercourse crossings that are constructed or reconstructed shall accommodate the estimated 100-year flood flow, including debris and sediment loads. 
(f) Watercourse crossings and associated fills and approaches shall be constructed or maintained to prevent diversion of stream overflow down the road and to minimize fill erosion should the drainage structure become obstructed. The RPF may propose an exception where explained in the THP and shown on the THP map and justified how the protection provided by the proposed practice is at least equal to the protection provided by the standard rule.
(g) All new permanent culverts on Class I watercourses, where fish are always or seasonally present or where fish habitat is restorable, shall be planned, designed and constructed to allow upstream and downstream passage of fish or listed aquatic species during any life stage and for the natural movement of bedload to form a continuous bed through the culvert and shall require an analysis and specifications demonstrating conformance with the intent of this section and subsection. 
NOTE

Authority cited: Sections 4551, 4551.5 and 21004, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 40 CFR 130.2(q); and California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172. 
HISTORY

1. New subsection (d) filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
2. Amendment of subsection (a) and new subsection (e) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
3. Amendment of first paragraph and subsections (c) and (d)(1), new subsections (e), (g) and (h), subsection relettering, and amendment of Note filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
4. Amendment of subsection (h) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
5. Amendment of subsection (h) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
6. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
7. Amendment of subsection (h) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
8. Amendment of subsection (h) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
9. Amendment of subsection (h) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
10. Amendment of subsection (h) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
11. Amendment of first paragraph and subsections (a), (f) and (g) and repealer of subsection (h) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
§963.4. Road Maintenance.
Note     •     History

Logging roads, landings, and associated drainage structures used in timber operation shall be maintained in a manner which minimizes concentration of runoff, soil erosion, and slope instability and which prevents degradation of the quality and beneficial uses of water during timber operations and throughout the prescribed maintenance period. In addition those roads which are used in connection with stocking activities shall be maintained throughout their use even if this is beyond the prescribed maintenance period. 
(a) The prescribed maintenance period for erosion controls on permanent and seasonal roads and associated landings and drainage structures which are not abandoned in accordance with 14 CCR 963.8 shall be at least one year. The Director may prescribe a maintenance period extending up to three years in accordance with 14 CCR 1050. 
(b) Upon completion of timber operations, temporary roads and associated landings shall be abandoned in accordance with 14 CCR 963.8. 
(c) Waterbreaks shall be maintained as specified in 14 CCR 914.6. 
(d) Unless partially blocked to create a temporary water source, watercourse crossing facilities and drainage structures, where feasible, shall be kept open to the unrestricted passage of water. Where needed, trash racks or similar devices shall be installed before culvert inlets in a manner which minimizes culvert blockage. Temporary blockages shall be removed by November 15. 
(e) Before the beginning of the winter period, all roadside berms shall be removed from logging roads or breached, except where needed to facilitate erosion control. 
(f) Drainage structures, if not adequate to carry water from the fifty-year flood level, shall be removed in accordance with 14 CCR 963.3 (d) by the first day of the winter period, before the flow of water exceeds their capacity if operations are conducted during the winter period, or by the end of timber operations whichever occurs first. Properly functioning drainage structures on roads that existed before timber operations need not be removed. An RPF may utilize an alternative practice, such as breaching of fill, if the practice is approved by the Director as providing greater or equal protection to water quality as removal of the drainage structure. 
(g) Temporary roads shall be blocked or otherwise closed to normal vehicular traffic before the winter period. 
(h) During timber operations, road running surfaces in the logging area shall be treated as necessary to prevent excessive loss of road surface materials by, but not limited to, rocking, watering, chemically treating, asphalting or oiling.
(i) Soil stabilization treatments on road or landing cuts, fills, or sidecast shall be installed or renewed, when such treatment could minimize surface erosion which threatens the beneficial uses of water. 
(j) Drainage ditches shall be maintained to allow free flow of water and to minimize soil erosion. 
(k) Action shall be taken to prevent failures of cut, fill, or sidecast slopes from discharging materials into watercourses or lakes in quantities deleterious to the quality or beneficial uses of water. 
(l) Each drainage structure and any appurtenant trash rack shall be maintained and repaired as needed to prevent blockage and to provide adequate carrying capacity. Where not present, new trash racks shall be installed if there is evidence that woody debris is likely to significantly reduce flow through a drainage structure. 
(m) Inlet and outlet structures, additional drainage structures, and other features to provide adequate capacity and to minimize erosion of road and landing fill and sidecast shall be repaired, replaced, or installed wherever such maintenance is needed to protect the quality and beneficial uses of water. 
(n) Permanent watercourse crossings and associated approaches shall be maintained to prevent diversion of stream overflow down the road should the drainage structure become plugged. Corrective action shall be taken before the completion of timber operations or the drainage structure shall be removed in accordance with 14 CCR Section 963.3(d). 
(o) Except for emergencies and maintenance needed to protect water quality, use of heavy equipment for maintenance is prohibited during wet weather where roads or landings are within a watercourse and lake protection zone. 
(p) The Director may approve an exception to a requirement set forth in subsections (b) through (o) above when such exceptions are explained and justified in the THP and the exception would provide for the protection of the beneficial uses of water or control erosion to a standard at least equal to that which would result from the application of the standard rule. 
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4561.7, 4562.9 and 21004, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b); Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172. 
HISTORY

1. Amendment filed 12-20-89; operative 2-1-90 (Register 90, No. 3). 
2. Amendment of subsection (h) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
3. Amendment of subsection (f) and Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§963.5. Landing Construction.
Note     •     History

Landings shall be constructed according to the following standards:
(a) On slopes greater than 65 percent, no fill shall be placed and sidecast shall be minimized to the degree feasible. The Director may approve an exception if, site specific measures to minimize slope instability, soil erosion, and discharge of concentrated surface runoff are described and justified in the THP.
(b) On slopes greater than 50 percent, fills greater than 4 feet in vertical height at the outside shoulder of the landing shall be: 
(1) constructed on a bench that is excavated at the proposed toe of the fill and is wide enough to compact the first lift, and 
(2) compacted in approximately 1 foot lift from the toe to the finished grade. The RPF or supervised designee shall flag the location of this bench or the RPF shall provide a description of the bench location (narrative or drawing) in the THP for fills meeting the above criteria, where the length of landing section is greater than 100 feet. The RPF may propose an exception in the THP and the Director may approve the exception where it is justified that the landing will be stabilized.
(c) Waste organic material, such as uprooted stumps, cull logs, accumulations of limbs and branches, or unmerchantable trees, shall not be buried in landing fills. Wood debris or cull logs and chunks may be placed and stabilized at the toe of landing fills to restrain excavated soil from moving downslope.
(d) Constructed landings shall be the minimum in width, size, and number consistent with the yarding and loading system to be used. Landings shall be no larger than one-half acre (.202 ha) unless explained and justified in the THP.
(e) No landing construction shall occur under saturated soil conditions that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements.
(f) The following specifications shall be met upon completion of timber operations for the year or prior to October 15, whichever occurs first:
(1) Overhanging or unstable concentrations of slash, woody debris and soil along the downslope edge or face of the landings shall be removed or stabilized when they are located on slopes over 65 percent or on slopes over 50 percent within 100 feet of a WLPZ. 
(2) Any obstructed ditches and culverts shall be cleaned.
(3) Landings shall be sloped or ditched to prevent water from accumulating on the landings. Discharge points shall be located and designed to reduce erosion. 
(4) Sidecast or fill material extending more than 20 feet in slope distance from the outside edge of the landing and which has access to a watercourse or lake shall be seeded, planted, mulched, removed or treated as specified in the THP to adequately reduce soil erosion.
(5) Sidecast or fill material extending across a watercourse shall be removed in accordance with standards for watercourse crossing removal set forth in 14 CCR 963.3(d).
(g) On slopes greater than 35 percent, the organic layer of the soil shall substantially removed prior to fill placement.
(h) When landings are constructed after October 15 they shall be adequately drained concurrent with construction operations and shall meet the requirements of (f)(1) through (f)(4) of this subsection upon completion of operations at that landing.
(i) The RPF may propose and the Director may approve waiver of requirements in (f)(1) through (f)(4) of this subsection if the Director finds they are not necessary to minimize erosion or prevent damage to downstream beneficial uses. The Director may also approve an exception to the October 15th date for treatment of slash and debris, including the practice of burning.
NOTE

Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
HISTORY

1. Deletion of former subsection (a); addition of new subsections (a), (b), (f)(5) and (i); amendment of subsections (f)(1), (f)(3), (f)(4), (h) and (i); and renumbering filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
2. Editorial correction implementing 2-11-91 amendments (Register 97, No. 48).
3. Amendment of subsection (b) and Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment of subsection (e) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§963.6. Conduct of Operations on Roads and Landings.
Note     •     History

Routine use and maintenance of roads and landings shall not take place when, due to general wet conditions, equipment cannot operate under its own power. Operations may take place when roads and landings are generally firm and easily passable or during hard frozen conditions. Isolated wet spots on these roads or landings shall be rocked or otherwise treated to permit passage. However, operations and maintenance shall not occur when mud flowing from the landing or roadbed will reach watercourses or lakes in amounts deleterious to the quality and beneficial uses of water.
This section shall not be construed to prohibit activities undertaken to protect the road or to reduce erosion. 
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.9 and 21004, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172. 
HISTORY

1. Amendment filed 12-20-89; operative 2-1-90 (Register 90, No. 3). 
§963.7. Licensed Timber Operator Responsibility for Roads and Landings.
Note

The licensed timber operator who is responsible for the implementation or execution of the plan shall not be responsible for the construction and maintenance of roads and landings, unless the licensed timber operator is employed for that purpose.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4512 and 4513, Public Resources Code. 
§963.8. Planned Abandonment of Roads, Watercourse Crossings, and Landings.
Note     •     History

Abandonment of roads, watercourse crossings and landings shall be planned and conducted in a manner which provides for permanent maintenance-free drainage, minimizes concentration of runoff, soil erosion and slope instability, prevents unnecessary damage to soil resources, promotes regeneration, and protects the quality and beneficial uses of water. General abandonment procedures shall be applied in a manner which satisfies this standard and include the following: 
(a) Blockage of roads so that standard production four wheel-drive highway vehicles cannot pass the point of closure at the time of abandonment. 
(b) Stabilization of exposed soil on cuts, fills, or sidecast where deleterious quantities of eroded surface soils may be transported into a watercourse. 
(c) Grading or shaping of road and landing surfaces to provide dispersal of water flow. 
(d) Pulling or shaping of fills or sidecast where necessary to prevent discharge of materials into watercourses due to failure of cuts, fills, or sidecast. 
(e) Removal of watercourse crossings, other drainage structures, and associated fills in accordance with 14 CCR Section 963.3(d). Where it is not feasible to remove drainage structures and associated fills, the fill shall be excavated to provide an overflow channel which will minimize erosion of fill and prevent diversion of overflow along the road should the drainage structure become plugged. 
The Director may approve an exception to a requirement set forth in (b) through (e) above when such alternatives are explained and justified in the THP and the exception would provide for the protection of the beneficial uses of water or control erosion to a standard at least equal to that which would result from the application of the standard rule. 
NOTE

Authority cited: Sections 4551, 4551.5, 4562.7 and 4562.9, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.7 and 4562.9, Public Resources Code. 
HISTORY

1. New section filed 12-20-89; operative 2-1-90 (Register 90, No. 3). 
§963.9. Roads and Landings in Watersheds with Listed Anadromous Salmonids.
Note     •     History

In addition to all other district Forest Practice Rules, the following requirements shall apply in any planning watershed with listed anadromous salmonids:
[Effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective] In addition to all other district Forest Practice Rules, the following requirements shall apply in any planning watershed with threatened or impaired values, except in watersheds with coho salmon. In watersheds with coho salmon, the standards listed under 923.9.1 and 923.9.2 shall apply: 
(a) Where logging road or landing construction or reconstruction is proposed, the plan shall state the location of, and specifications for, logging road or landing abandonment or other mitigation measures to minimize the adverse effects of long-term site occupancy of the transportation system within the watershed. 
(b) Unless prohibited by existing contracts with the U.S.D.A. Forest Service or other federal agency, new and reconstructed logging roads shall be no wider than a single-lane compatible with the largest type of equipment specified for use on the road, with adequate turnouts provided as required for safety. The maximum width of these roads shall be specified in the plan. These roads shall be outsloped where feasible and drained with water breaks or rolling dips (where the road grade is inclined at 7 percent or less), in conformance with other applicable Forest Practice Rules. 
(c) The following shall apply on slopes greater than 50% that have access to a watercourse or lake:
(1) Specific provisions of construction shall be identified and described for all new roads. 
(2) Where cutbank stability is not an issue, roads may be constructed as a full-benched cut (no fill). Spoils not utilized in road construction shall be disposed of in stable areas with less than 30 percent slope and outside of any WLPZ, EEZ, or ELZ  designated for watercourse or lake protection. The Director, with concurrence from other responsible agencies, may waive inclusion of these measures where the RPF can show that slope depressions and other natural retention and detentions feature are sufficient to controls overland transport of eroded material.
(3) Logging roads may be constructed with balanced cuts and fills: if 
(A) properly engineered, or 
(B) fills are removed and the slopes recontoured prior to the winter period.
(d) In addition to the provisions listed under 14 CCR §963.1, subsection (e), all permanent or seasonal logging roads with a grade of 15% or greater that extends 500 continuous feet or more shall have specific erosion control measures stated in the plan. 
(e) Where logging road networks are remote or are located where the landscape is unstable, where crossing fills over culverts are large, or where logging road watercourse crossing drainage structures and erosion control features historically have a high failure rate, drainage structures and erosion control features shall be oversized, designed for low maintenance, reinforced, or removed before the completion of the timber operation. The method of analysis and the design for crossing protection shall be included in the plan. 
(f) Except when expressly required by 14 CCR §963.9, subsections (f)(1)-(5) below, the provisions of 14 CCR 963.9 shall not apply to a plan that is subject to:
(1) a valid incidental take permit issued by DFG pursuant to Section 2081(b) of the Fish and Game Code that addresses anadromous salmonid protection; or
(2) a federal incidental take statement or incidental take permit that addresses anadromous salmonid protection, for which a consistency determination has been made pursuant to Section 2080.1 of the Fish and Game Code; or
(3) a valid natural community conservation plan that addresses anadromous salmonid protection approved by DFG under section 2835 of the Fish and Game Code; or
(4) a valid Habitat Conservation Plan that addresses anadromous salmonid protection, approved under Section 10 of the federal Endangered Species Act of 1973; or
(5) project revisions, guidelines, or take avoidance measures pursuant to a memorandum of understanding or a planning agreement entered into between the plan submitter and DFG in preparation of obtaining a natural community conservation plan that addresses anadromous salmonid protection. 
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; and Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App. 3d 959, 131 Cal.Rptr. 172.
HISTORY

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
2. Amendment of subsection (g) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsection (g) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsection (g) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (g) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsection (g) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
8. Amendment of first paragraph filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
9. Amendment of subsection (g) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
10. Amendment of section heading and section filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
11. Change without regulatory effect amending introductory paragraph filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
Article 13. County Rules
§965. Monterey County Rules.
Note     •     History

In addition to forest practice rules applying in the Southern Forest District, rules contained in Sections 965.1 through 965.10 shall apply within the boundaries of Monterey County. Where the Southern Forest District rules conflict with Monterey County rules, the Monterey County rules will apply.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New Article 13 (Sections 965, 965.1-965.5) filed 9-19-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 39).
2. Amendment filed 5-28-85; effective thirtieth day thereafter (Register 85, No. 22). 
§965.1. Haul Routes.
Note

On timber operations requiring a plan all haul routes for removing forest products shall be shown on a road map and shall include routes from the harvest site to the mill or county line. Such map shall be submitted with the plan. A proposed change in the use of public roads that are part of the haul route shall be presumed to be a substantial deviation unless the plan submitter requests that the proposed change be considered a minor deviation in accordance with the procedures set forth in 14 CAC 1036 and 1040 and the Director so determines. The Director shall consult with the County Planning Department and Public Works Department before giving approval.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code. 
§965.2. Hauling to the Nearest Public Road.
Note

Those portions of offsite haul roads to be used in the conduct of the timber operation, from the area where timber harvesting is to occur to the nearest public road, shall be shown on the plan. In addition to the requirements to furnish a list of certain property owners pursuant to 14 CAC 1032.7(e), the plan submitter shall furnish to the Department at the time of submission of the plan the names and addresses of property owners with property fronting or bordering that portion of the haul route lying between the plan area and the nearest public road. California Department of Forestry shall give notice of public hearing if requested by the county to each of these owners and those individuals specified in 14 CAC 1037.1(b) and 1037.3.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Sections 4516.5 and 4582.6(b), Public Resources Code. 
§965.3. Public Road Protection.
Note

The construction of logging roads, tractor roads, or landings within 100 feet of the edge of the traveled surface of a public road is prohibited except where:
(a) Logging roads are needed for access to the area to be harvested.
(b) It is explained and justified in the plan where construction of these facilities in this area will result in better protection of scenic values or provide better erosion control in the conduct of the timber operation.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code. 
§965.4. Log Hauling.
Note     •     History

(a) Log hauling on public roads is not permitted on Saturdays, Sundays, or on those days which are nationally designated legal holidays, except that such operations shall be permitted to occur on Columbus Day.
(b) Log hauling on public roads may be restricted or not permitted by the Director during specified hours to prevent hazardous traffic conditions.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code. 
HISTORY

1. Amendment of subsection (a) filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§965.5. Winter Period.
Note

The winter period for Monterey County shall be October 15 through April 15.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code. 
§965.6. Big Sur Coast.
Note     •     History

The following rules shall apply to all Timber Harvesting Plans within the area covered by the Big Sur Coast Land Use Plan of September 13, 1984 (Big Sur LUP).
(a) West of Highway 1 or within the critical viewshed of Highway 1 as defined in the Big Sur LUP only the sanitation-salvage silvicultural method will be permitted.
(b) Timber operations outside the critical viewshed of Highway 1 shall be screened from direct public view to the extent feasible by leaving trees and other vegetation between disturbed areas and public roads.
(c) New road construction is not permitted within the critical viewshed of Highway 1 unless a field review of the proposed road reveals no significant degradation of the critical viewshed. New road construction outside the critical viewshed shall be located to minimize the removal of native trees and shall not be allowed across slopes over 30 percent unless no feasible alternative exists for the proposed location, or the road better achieves the overall resource protection objectives.
(d) All excess material resulting from new road construction shall be end hauled and deposited in an area where visual impact will be minimized. Sidecasting of excess material is prohibited.
(e) Within environmentally sensitive plant and wildlife habitats as described in the Big Sur LUP, the Director shall require a field review by a qualified wildlife biologist prior to approval of the THP. If the field review identifies significant adverse effects to the habitat, the Director shall deny the THP unless measures sufficient to mitigate the adverse effects are included in the THP.
(f) Within those drainages identified in the Big Sur LP and designated by Monterey County as watershed resource study areas, the Director shall require a field review by a qualified hydrologist or erosion control specialist prior to approval of the THP. If the field review identifies significant adverse effects to the cumulative water demands of the watershed, the Director shall deny the THP unless measures sufficient to mitigate the adverse effects on water supply are included in the THP.
(g) In addition to the requirements of 14 CAC 956 through 956.7, the minimum watercourse and lake protection zone shall be 150 feet on Class I and II waters unless a smaller zone can be explained and justified in the THP.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 5-28-85, effective thirtieth day thereafter (Register 85, No. 22). 
§965.7. Public Water Agency Representative.
Note     •     History

In the case of any timber operation proposed to be carried out in an area which serves as a watershed for any publicly owned water purveyor, the Director shall request a representative of such water purveyor to assist the Department as an advisor in the review process, pursuant to the provision of 14 CAC 1037.5; such water purveyor representative shall be permitted to participate in all review team meetings.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 5-28-85; effective thirtieth day thereafter (Register 85, No. 22). 
§965.8. Performance Bonding.
Note     •     History

When hauling logs pursuant to a THP, the LTO shall provide for the repair of any damage to a county road that is willfully or negligently caused by the LTO's log hauling operations, and shall provide for the repair of any damage caused by the LTO's log hauling operations to appurtenant structures including, but not limited to, guard rails, signs, traffic signals, culverts, curbs and similar facilities. If necessary to ensure compliance with this section, the county may request, and the Department, upon such request, may require the timber operator or responsible party to post adequate financial security to restore paved or unpaved county roads and appurtenant structures which are damaged by log hauling operations. The request for posting of financial security shall be made to the Department during the THP review procedure and no later than five days before the Director's decision date. The timber operator or responsible party shall post a certificate of deposit, certificate of insurance or performance bond, or other financial security in favor of the Department in a reasonable amount set by the Director, not to exceed $5,000 per mile of county road used or $50,000, whichever is less and subject to provisions of division 3, part I, chapter 1, article 8, section 11110 through 11113 of the Government Code. Such cash deposit or other acceptable financial security shall cover a period not to exceed the effective period of the plan.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
HISTORY

1. New section filed 5-28-85, effective thirtieth day thereafter (Register 85, No. 22).
2. Repealer and new section filed 8-8-90; operative 9-7-90 (Register 90, No. 39).
§965.9. Erosion Control Maintenance.
Note     •     History

The plan submitter shall maintain all drainage structures and drainage facilities required by these rules in effective working condition throughout one winter period after completion of timber operations. A work completion report may not be filed until this requirement has been met.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 5-28-85, effective thirtieth day thereafter (Register 85, No. 22). 
§965.10. THP Description.
Note     •     History

In addition to the requirements of 14 CAC 1034(g), the THP description shall include the assessor's parcel numbers of all parcels on which timber operations will be conducted.
NOTE

Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
HISTORY

1. New section filed 5-28-85, effective thirtieth day thereafter (Register 85, No. 22). 
Article 14. Archaeological and Historical Resource Protection
§969. Statement of Purpose.
Note     •     History

The purpose of this article is to: 
(a) ensure that the significant archeological and historical sites within the site survey are adequately identified and protected, 
(b) to provide direction to RPFs preparing THPs (which includes all forms of THPs including, but not limited to, Modified THPs and Nonindistrial Timber Management Plans (NTMPs), Program Timber Harvesting Plans (PTHPs)), Notice of Emergency Timber Operations (Emergency Notices), and any Exemption Notices pursuant to 14CCR Sections 1038 and 1104.1, 
(c) provide direction to the timber operator conducting timber operations, 
(d) provide direction to the Department of Forestry and Fire Protection in its review, approval and inspection programs.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002, 21060.5, 21083.2 and 21084.1, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of article heading, section and Note filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of subsection (b) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§969.1. Plan, and Emergency Notice Preparation.
Note     •     History

(a) Preparing a plan.
Prior to submitting a plan, the RPF, or the RPF's supervised designee:
(1) Shall conduct an archaeological records check at the appropriate Information Center. A previously-conducted archaeological records check for the property may be used to satisfy this requirement if it covers the entire area proposed for timber operations and if it meets the definition of “current archaeological records check” in 14 CCR §895.1.
(2) Shall provide written notification to Native Americans of the preparation of a plan. The primary purpose for this notification is to provide Native Americans an opportunity to disclose the existence of any Native American archaeological or cultural sites that are potentially within or adjacent to the site survey area, and the opportunity to comment on the plan. The RPF shall allow a minimum of 10 days for response to this notice before submitting the plan to the Director. The remainder of the 10-day waiting period is waived when all Native Americans required to be informed respond in less than 10 days. This notice shall contain the following attachments or items of information:
(A) A request for information concerning the potential existence of any Native American archaeological or cultural sites within the plan boundaries.
(B) Information concerning the location of the plan including:
1. A general location map that, at a minimum, shows the travel route from the nearest community or well-known landmark to the plan area.
2. A copied segment of the titled USGS (if available) or equivalent map(s) that displays the approximate boundary of the plan area, and includes a map legend and a scale.
3. A description of the plan location including the county, section, township, range, base and meridian, and the approximate direction and distance from the nearest community or well-known landmark.
(C) A statement that all replies, comments, questions, or other information submitted by Native Americans as a result of this notice be directed to the RPF. The name, address, and phone number of the RPF shall be provided.
(D) Information concerning the available time for response. Indicate that the RPF is requesting a response within ten days from the date of the notice so the information can be incorporated into the plan when initially submitted to the Director. Provide the estimated date the plan will be submitted to Director. Provide the following statement: “The earliest possible date the Director may approve the plan is 16 calendar days after it is submitted to Director, although typically, the plan is reviewed for at least 45 calendar days following plan submittal before the Director approves the plan.”
(E) A statement that the Native American groups may participate in the plan review process by submitting written comments to the Director before close of public comment period.
(F) A statement that locations of sites disclosed will be kept confidential.
(G) A statement that a Confidential Archaeological Addendum (CAA) will be prepared for the plan and a copy of pertinent information contained within the CAA may, at the discretion of the Director, be obtained from the Director.
(3) Shall provide a professional archaeologist or a person with archaeological training (in accordance with 14 CCR §969.4) to conduct a field survey for archaeological and historical sites within the site survey area. Previous archaeological surveys within the site survey area may also be used to partially or entirely satisfy this requirement.
(4) Shall ensure that research is conducted prior to the field survey, including review of appropriate literature and contacting knowledgeable individual, concerning potential archaeological or historical sites occurring on the property.
(b) Provide Notification to Native Americans if a Native American Archaeological or Cultural Site is located within the plan. On a plan that contains a Native American archaeological or cultural site as defined in 14 CCR §895.1 the RPF or the RPF's supervised designee shall:
(1) provide a written notice to Native Americans informing them of the presence of Native American cultural resources within the site survey area. This notification shall include:
(A) The RPF's name, address, and telephone number.
(B) The name, number, or other designator of the plan.
(C) A list of all known Native American archaeological or cultural sites located within the site survey area, including a name, number or other designator and brief description of each site.
(D) A brief discussion of how each site shall be protected or avoided.
(E) The address and phone number of the appropriate CAL FIRE Review Team Office to contact as listed under 14 CCR §1032, as well as a statement that written comments may be submitted to the Director for consideration prior to the close of public comment.
(F) The estimated earliest date the Director may approve the plan.
(2) submit a copy of all letters sent pursuant to 14 CCR §969.1(b)(1) to the Director. The Director shall allow a minimum of 15 days from the date of the notification letter for receipt of responses to notices sent pursuant to 14 CCR §969.1(b)(1) prior to the close of public comment.
(c) Submitting a Confidential Archaeological Addendum for a plan.
The RPF shall include the following information in a Confidential Archaeological Addendum with the proposed plan:
(1) Administrative Information which is not confidential and may be released to the public. This includes:
(A) The name, affiliation, address, and phone number of the archaeological surveyor.
(B) The name, affiliation, address, and phone number of the RPF, if different than the archaeological surveyor.
(C) The plan name ascribed by the RPF, plan number (if known), type, and approximate acreage.
(D) The county, legal description, and name of USGS 7.5' Quad(s) within which the project is located.
(E) The date the CAA was completed.
(F) The name of the author of the CAA.
(G) The signature of the RPF or archaeological surveyor.
(2) Archaeological Records Check Information. A copy of the records check and written reply (including mapped information) from the Information Center shall be attached, or a justification as to why that is not possible shall be included.
(A) If the records check request and written reply from the Information Center are attached, no additional information is required.
(B) If the records check request and written reply from the Information Center are not attached, the following information shall be included:
(1) Justification why records check request and written reply could not be attached.
(2) The date the records check was conducted at the Information Center.
(3) The Information Center File Number.
(4) Summary of records check results discussing whether or not archaeological or historical sites are known or suspected to exist within the site survey area and whether or not the site survey area has a previous archaeological investigation on record.
(3) Results of notification to Native Americans pursuant to 14 CCR §969.1(a)(2)(B). This shall include:
(A) An example of a notification letter and project maps submitted to Native American contacts.
(B) Copies of any written responses received from Native American contacts.
(C) A list of the individuals or groups that were provided written notification and the date of the Native American Contact List being used.
(D) Date the notification was sent.
(E) Results of the information request, specifically addressing the results of information received from the NAHC, if those results have been received.
(4) Results of notification to Native Americans of the existence of a Native American archaeological or cultural site on the plan, if required, pursuant to 14 CCR §969.1(b).
(5) A list of the research done prior to field survey. This list shall include literature reviewed and persons contacted in addition to the required archaeological records check with Information Center and Native Americans, and a summary of the results of this research.
(6) Information on the current or previous archaeological surveyor(s), which is not confidential. This shall include:
(A) the name of the current archaeological surveyors and an indication of whether or not the person either meets the specifications of a professional archaeologist as defined in 14 CCR §895.1 or meets the requirements specified in 14 CCR §969.4. 
(B) the name of any previous archaeological surveyors, if known.
(7) Description of archaeological survey methods and procedures including survey strategy, time spent conducting archaeological field survey, the date or dates the survey was conducted, survey coverage intensity, and ground visibility or other limitations.
(8) A list and description of all archaeological or historical sites identified within the site survey area including information on the site(s) size, type, and condition. The designations used in this listing of sites found shall be consistently used throughout the CAA.
(9) An Archaeological Coverage Map or maps prepared in accordance with the specifications identified in the definition of an Archaeological Coverage Map in 14 CCR §895.1.
(10) A preliminary determination of significance of identified archaeological and historical sites, if damaging effects from timber operations cannot be avoided. This determination shall be based upon the criteria for a significant archaeological or historical site listed in 14 CCR §895.1.
(11) Description of any specific enforceable protection measures to be implemented both within the site boundaries and within 100 feet of the site boundaries.
(12) Information concerning the proposed on-site meeting between the RPF or supervised designee familiar with on-site conditions and the LTO to discuss protection of archaeological and historical resources, if required, pursuant to 14 CCR §969.2(b).
(13) Information concerning site recording requirements pursuant to 14 CCR §969.1(d) and (g).
(14) Other applicable information, if any, concerning the archaeological survey for this project.
(15) List of attachments to the CAA.
(d) Site Records.
Upon submission of a plan, the RPF or the RPF's supervised designee shall submit completed site records for each site proposed to be a significant archaeological or historical site in a manner consistent with the recording standards identified in the State Office of Historical Preservation's “Instructions For Recording Historical Resources” March, 1995, which is incorporated by reference.
(e) Emergency Notice of 3 Acres Or More.
(1) Prior to submitting an Emergency Notice of three acres or more, the RPF:
(A) Shall ensure that an archaeological field survey is, or has been previously conducted by a professional archaeologist or person with archaeological training (pursuant to 14 CCR §969.4) within the site survey area.
(2) Prior to submitting an Emergency Notice of three acres or more, the RPF or the RPF's supervised designee:
(A) Shall complete a current archaeological records check. This check may be conducted by telephone. If the Information Center is unable to provide the information within three business days following receipt of an RPF's request for an Emergency Notice records check, the records check requirement is waived.
(B) Shall submit a Confidential Archaeological Letter that includes the information required by 14 CCR §969.1(c)(2), (7), (8), (9), (10) and (11), including site records, if required pursuant to 14 CCR §969.1(g) and 969.5.
(C) Shall send a copy of the Emergency Notice to Native Americans.
(f) Emergency Notice of Less Than 3 Acres.
(1) Prior to submitting an Emergency Notice of less than three acres, the RPF or the RPF's supervised designee shall:
(A) Conduct an archaeological survey for said area to determine whether it contains any significant archaeological sites using the criteria for a significant archaeological or historical site defined in 14 CCR §895.1.
(B) Send a copy of the Notice to Native Americans.
(2) An archaeological records check, Confidential Archaeological Addendum, or Confidential Archaeological Letter, is not required.
(3) No timber operations shall occur within the boundaries of any significant archaeological or historical sites as determined by the RPF or the RPF's supervised designee.
(g) Submitting Archaeological and Historical Information to Information Centers.
Within 30 days following the Director's approval of a plan or acceptance of an Emergency Notice of three acres or larger, the Director shall send to the appropriate Information Center of the California Historical Resource Information System the following information provided by the RPF:
(1) a complete Confidential Archaeological Addendum which includes all changes and additions required in the plan review process and which identifies the plan number, or, for Emergency Notices of three acres or larger, a Confidential Archaeological Letter.
(2) two copies each of any completed archaeological or historical site records for:
(A) archaeological sites determined to be significant, or 
(B) sites that a person elects to record, but for which no determination of significance has been made.
The records shall be completed by a person who satisfies the requirements specified in 14 CCR §969.4 in a manner consistent with the recording standards identified in the State Office of Historic Preservation's “Instructions For Recording Historical Resources” March, 1995, which is incorporated by reference.
(3) The RPF or supervised designee shall ensure that the site records are completed in the manner specified in subsection (2).
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of section heading and repealer and new section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of section heading and section filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
5. Change without regulatory effect amending subsection (b)(1)(E) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§969.2. Protection Measures for Plans and Emergency Notices 3 Acres and Larger.
Note     •     History

(a)(1) The RPF shall describe in the separate Confidential Archaeological Addendum or Letter, measures to be taken to mitigate or avoid substantial adverse change to any known significant archaeological or historical sites.
(2) The RPF may propose, and the Director may agree to, site specific protection measures for any identified archaeological or historical site without evaluating the significance of the site. These proposed protection measures shall be designed to ensure protection of such archaeological and historical sites from damaging effects. Avoidance of activities which will cause damaging effects is a preferred protection measure.
(b) The RPF or supervised designee familiar with on-site conditions shall meet with the LTO prior to the start of timber operations at each archaeological or historical site that is described in the plan or notice that requires avoidance or other protection measures and do the following:
(1) show the LTO the location, extent and boundaries of each archaeological or historical site requiring protection,
(2) discuss with the LTO the protection measures,
(3) apprise the LTO of the confidentiality requirements for any information concerning the physical location of archaeological or historical sites.
(c) If the RPF or supervised designee is unable to perform the duties in 14 CCR §969.2(b), the RPF shall:
(1) explain the reasons in the emergency notice, plan, or as a minor amendment to the plan,
(2)(A) meet with the plan submitter, timberland owner, or their authorized agent, and review in the field, the items described in 14 CCR §969.2(b),
(B) if the plan submitter, timberland owner, or their authorized agent will not comply with the RPF's or RPF's supervised designee's request for a meeting, the RPF shall notify the Director.
(3) except for an emergency notice, notify the plan submitter in writing that it is the plan submitter's responsibility to transfer the information in 14 CCR §969.2(b) to the LTO per 1035(h),
(4) notify the Director in writing.
(d) The LTO shall not conduct timber operations within the boundaries of any archaeological or historical site identified in the CAA unless such operations are described in the CAA and made part of the plan approved by the Director.
(e) In the event that the CAA authorizes limited timber operations within the boundaries of archaeological or historical sites identified in the plan, the LTO and the RPF, if so stated in the plan, shall be responsible for ensuring that specific protection measures and timber operations are conducted in the manner described in the CAA.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21001, 21060.5, 21083.2 and 21084.1, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of section heading, repealer and new section, and amendment of Note filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of section heading and subsections (b), (c) and (c)(2) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment of section heading and subsections (c), (c)(2) and (c)(3) and new subsections (d)-(e) filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
§969.3. Post Review Site Discovery.
Note     •     History

If a person discovers a potentially significant archaeological or historical site after a plan, Emergency Notice, or Exemption is accepted by the Director, the following procedures apply:
(a) The person who made the discovery shall immediately notify the Director, LTO, RPF, or timberland owner of record.
(b) The person first notified in (a) shall immediately notify the remaining parties in (a).
(c) No timber operations shall occur within 100 feet of the identified boundaries of the new site until the plan submitter proposes, and the Director agrees to, protection measures pursuant to 14 CCR §969.2.
(d) A minor deviation shall be filed to the plan. The minimum information provided shall include:
(1) A statement that the information is confidential.
(2) The mapped location of the site.
(3) A description of the site.
(4) Protection measures, and
(5) Site records, if site records are required pursuant to 14 CCR §§969.1(g)(2)(b) and 969.5.
(e) Upon receipt, the Director shall immediately provide the proposed minor deviation or portions of the minor deviation, to Native Americans  when Native American archaeological or cultural sites are involved.
NOTE

Authority cited: Sections 4551, 4551.5, 4583.2 and 4591.1, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of section heading and repealer and new section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of first paragraph and subsection (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment of section and Note filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
§969.4. Archaeological Training Requirements.
Note     •     History

To meet the requirement of 14 CCR §969.1, archaeological surveys of a plan or Emergency Notice areas for archaeological or historical sites shall be conducted only by a professional archaeologist or a person who has attended a training program approved by the Director within five years prior to submission of the plan or Emergency Notice. The training program must meet the following standards:
(a) The course shall use education materials approved by the Director which address the current regulations and procedures for the identification, recordation, and protection of archaeological and historical resources during timber operations.
(b) The course may require that the applicant demonstrate, in the field, and in a final written examination, the ability to conduct a record search, perform field identification, complete an archaeological site record, and to identify appropriate mitigation and protection measures for archaeological or historical sites covered in the course.
(c) The Director shall issue verification to all students that satisfactorily complete the training course.
(d) Following an individual's successful completion of an archaeological training course approved by the Director, he or she may enroll in a refresher training course, approved by the Director, to renew a 5-year archaeological training certification.
(e) The Director may conduct the archaeological training courses (in addition to or in-lieu of approving programs conducted by others) at least annually.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of first paragraph and subsections (a) and (b), new subsections (b) and (c), and subsection relettering filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of first paragraph filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment of first paragraph and subsection (c) filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
§969.5. Site Recording.
Note     •     History

The Director shall ensure that all archaeological or historical sites determined to be significant and located within the site survey area on plans, or Emergency Notices are recorded by the RPF or supervised designee in a manner consistent with the recording standards identified in the State Office of Historic Preservation's “Instructions For Recording Historical Resources” March, 1995, which is incorporated by reference. The recording may also be done by a professional archaeologist or any person who has successfully completed appropriate training which is afforded or approved by the Director.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
§969.6. Protection of Sites During Timber Operations.
Note     •     History

No person, except as otherwise permitted by law, who is involved in timber operations shall excavate, collect artifacts from, vandalize or loot archaeological or historical sites located within the THP, Emergency Notice or Exemption boundary.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§969.7. Determination of Significance.
Note     •     History

(a) A determination of significance shall be made for an identified archaeological or historical site within the site survey area on a THP, or Emergency Notice by a person who satisfies the requirements specified in 14 CCR 969.4 if damaging effects from timber operations cannot be avoided.
(b) The determination of significance shall: 
(1) Be based upon criteria defined for significant archaeological or historical sites in 14 CCR 895.1
(2) Utilize any information provided by Native Americans, archaeological, historical or ethnographic data pertinent to the region and to the cultural resource, and the physical characteristics of the archaeological or historical site. 
(c) If required by subsection (a), a preliminary determination of significance shall be made by the RPF or the RPF's supervised designee and provided in the Confidential Archaeological Addendum.
(d) Where the Director determines that timber operations may cause a substantial adverse change to a significant archaeological or historical site and the RPF and the Director cannot agree upon protection measures, a professional archaeologist provided by the THP submitter shall make a survey and prepare a report on the potentially affected site or sites and the potential impacts of the proposed timber operations. The part of the report that relates to archaeological sites is confidential. This report, if it discusses impacts on Native American archaeological sites, shall be provided by the Director to Native American and the NAHC. This report shall contain recommendations for mitigation, the elimination of impacts, or for the reduction of impacts to avoid or prevent substantial adverse change to significant archaeological or historical resources. The report shall meet the standards of the Preservation Planning Bulletin, Number 4, December 1989 (Office of Historic Preservation), entitled Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. The Director shall make the final determination of significance and substantial adverse change based on advice of a professional archaeologist.
NOTE

Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code. 
HISTORY

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of subsections (a), (c) and (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
Subchapter 7. Administration*

* Regulations adopted by Board of Forestry. 
Article 1. Timber Operator Licenses
§1020. Board Authority Delegated.
Note     •     History

The Board of Forestry delegates its authority under Article 6 (commencing with Section 4571) of Chapter 8, Part 2, Division 4 of the Public Resources Code, to the Director.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4577, Public Resources Code.
HISTORY

1. Repealer of Subchapter 7 (Sections 1000-1112, not consecutive; Appendix A) and new Subchapter 7 (Sections 1020-1112, not consecutive; Appendix A) filed 5-19-78 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20). For history of former Subchapter 7, see Registers 78, No. 19; 77, No. 14; 76, Nos. 27 and 1; 75, No. 31; 74, Nos. 46, 33, 17 and 14.
2. Editorial correction of NOTE filed 12-3-82 (Register 82, No. 49).
§1021. Crop of Trees. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4526, Public Resources Code.
HISTORY

1. Editorial correction of NOTE filed 12-3-82 (Register 82, No. 49).
2. Repealer filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
§1022. License.
Note     •     History

The license defined in PRC 4524, is designated as either “Timber Operator License” or “Limited Timber Operator License.”
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4524 and 4571, Public Resources Code.
HISTORY

1. Editorial correction of NOTE filed 12-3-82 (Register 82, No. 49).
§1022.1. Limited Timber Operator License.
Note     •     History

The Director may issue a license for commercial cutting and/or removal of minor forest products as here listed: Christmas trees, tanbark, fuelwood, root crown burls, posts and split products, but excluding poles, piling, sawlogs, veneer logs and pulp logs. Said license is designated as “Limited Timber Operator License.”
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4571 and 4577, Public Resources Code.
HISTORY

1. Editorial correction of NOTE filed 12-3-82 (Register 82, No. 49).
§1022.2. License for Site Preparation.
Note     •     History

A timber operator's license is required for mechanical site preparation activities undertaken before the stocking standards of the Act and rules have been met in a logging area. Site preparation activities involving broadcast burning are exempt from timber operator licensing requirements.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4524 and 4571, Public Resources Code.
HISTORY

1. New section filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
§1022.3. License for Erosion Control Maintenance.
Note     •     History

A timber operator license is not required for the maintenance of erosion control structures following the completion of timber operations described in an approved work completion report for a THP. 
NOTE

Authority cited: Sections 4524, 4527 and 4551, Public Resources Code. Reference: Sections 4524 and 4571, Public Resources Code.
HISTORY

1. New section filed 12-20-89; operative 2-1-90 (Register 90, No. 3). 
§1022.4. Licensed Timber Operator Responsibilities.
Note     •     History

The person licensed pursuant to this Article, hereinafter referred to as Licensed Timber Operator or LTO, shall be responsible for the work of his or her employees, and all those who the LTO may hire as subcontractors, whether or not such subcontractors are licensed as timber operators, except in following case. In those cases where a subcontracting LTO is also listed as a responsible LTO on a timber harvesting plan or other harvest permitting document, such LTO shall be responsible for the work of their own employees and subcontractors, and shall be responsible for compliance with the Forest Practice Act, plan and Board rules for the timber operations for which they are designated in the plan. All LTOs shall familiarize all employees and subcontractors with the intent and details of the operational protection measures of the plan, including amendments and minor or substantial deviations, or any other harvest permitting document or notice that apply to their work. The LTO shall ensure that such employees and subcontractors comply with all other provisions of the Act and Board rules.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4524 and 4571, Public Resources Code.
HISTORY

1. New section filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
§1022.5. Subcontractors to a Licensed Timber Operator.
Note     •     History

Except for those to whom PRC §4576.1 applies, a timber operator license is not required of persons, such as timber fallers and independent log haulers, who subcontract with a LTO for specific services during the conduct of timber operations and for which the LTO is responsible.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4524 and 4571, Public Resources Code.
HISTORY

1. New section filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
§1023. Issuance of License.
Note     •     History

Upon receipt of a proper written application and payment of the prescribed license fee, the Director may issue either a Timber Operator License or a Limited Timber Operator License.
NOTE

Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4571 and 4577, Public Resources Code.
HISTORY

1. Editorial correction of NOTE filed 12-3-82 (Register 82, No. 49).
§1023.1. Company, Corporation and Partnership Licenses.
Note     •     History

Each subsidiary of companies or corporations, and each division thereof that is a separate unit and separately managed, which conducts timber operations shall be individually licensed. Partnership consisting of individual licensees and operating as a copartnership must obtain a license as a partnership. A license is not transferable.
NOTE

Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4571 and 4575, Public Resources Code.
HISTORY

1. Editorial correction of NOTE filed 12-3-82 (Register 82, No. 49). 
§1024. Application Form and Content.
Note     •     History

Application for a license, or renewal of license, in a form prescribed by the Director, shall contain, and is not limited to, the following information:
(a) Specific type of license requested.
(b) Name in which license is to be issued.
(c) Name, mailing address, and street address of applicant.
(d) Satisfactory proof of identity.
(e) Name and address of principal officer in California for service of documents.
(f) Name, mailing address, and telephone number of the insurance agent providing the Insurance Certificate when such certificate is required by Public Resource Code section 4572.
(g) If a corporation, name of state of incorporation, address of home office, if different from (c) above, address of California office, name and address of resident agent in California for service, and the name and address of the individual who will attend the timber operator education program for the corporation, if required.
(h) If not a California corporation, or if an individual, firm, or partnership that has no office in California, name and address of a natural person that applicant designates as resident agent in California for service.
(i) The application must contain a consent for the Director, and agents and employees thereof, to inspect timber operations of the applicant.
(j) Timber Operator License Application shall have a Certificate of Completion from a timber operator education program approved by the Director attached to the application, unless the applicant has held a prior license.
(k) An application for a limited timber operator license shall have either a Certificate of Completion from an approved timber operator education program or a completed questionnaire attached to the application, unless the applicant has held a prior license. The questionnaire shall be administered to the applicant by the Director either orally or in writing. The questionnaire shall be prepared or approved by the Director and shall pertain to the content of the regulations of the Board (Title 14, CCR Division 1.5).
NOTE

Authority cited: Sections 4551, 4553 and 4572, Public Resources Code. Reference: Sections 4572 and 4577, Public Resources Code.
HISTORY

1. New subsection (h) filed 11-1-79; effective thirtieth day thereafter (Register 79, No. 44).
2. Editorial correction of NOTE filed 12-3-82 (Register 82, No. 49).
3. Amendment of subsection (g) and repealer of subsection (h) filed 12-11-86; effective upon filing (Register 86, No. 50).
4. Amendment of subsection (e) and new subsections (h) and (i) filed 11-9-88; operative 1-1-89 (Register 88, No. 47). 
5. Amendment filed 4-20-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 17).
6. Editorial correction of subsection (k) (Register 99, No. 26).
7. Change without regulatory effect amending section heading and removing pre-1999 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17).
§1024.1. Timber Operator Education.
Note     •     History

The Director shall only approve timber operator education programs which meet the following standards:
(a) The course shall use education materials approved by the Director. The Director shall only approve materials which address the contents of the rules of the Board.
(b) Certificate of Completion shall be given when an applicant successfully completes the timber operator education program. An applicant shall have successfully completed the timber operator education program if he/she has attended the entire program and has completed all training materials.
The Director may conduct the timber operator education programs in addition to or in-lieu of approving programs conducted by others.
NOTE

Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4572 and 4577, Public Resources Code.
HISTORY

1. New section filed 11-9-88; operative 1-1-89 (Register 88, No. 47). 
§1024.2. Qualifying Experience.
Note     •     History

“Work experience”, within the meaning of Public Resources Code section 4572(b)(2)(A), shall include, but not be limited to, such timber operation activities as felling, bucking and limbing of logs, cable rigging, choker setting, heavy equipment operation, yarding, loading and hauling of logs, logging road building and waterbreak installation, or on site assistance with any of these activities. General construction and reforestation work such as brush removal and tree planting are not qualifying experience. Direct supervision of timber operations shall meet the requirement for having experience in “two or more areas [activities] or employment”.
NOTE

Authority cited: Sections 4551, 4553 and 4572, Public Resources Code. Reference: Sections 4572 and 4577, Public Resources Code.
HISTORY

1. New section filed 4-20-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 17).
§1024.3. Application Processing.
Note     •     History

(a) The applicant shall be informed by the Department, in writing and postmarked, within 15 working days of receipt of the application, whether such application is complete and accepted for filing, or is deficient and what specific information is required.
(b) The applicant shall be informed of the Department's decision on licensure, in writing and postmarked, within 15 working days of filing a complete application.
(c) The actual minimum, median and maximum processing times for an application from the time of receipt of the application until the Department makes a final decision on the application are:
(1) Minimum: 1 hour
(2) Median: 5 days
(3) Maximum: 168 days
NOTE

Authority cited: Section 15376, Government Code; and Sections 4553, 4571, 4572 and 4577, Public Resources Code. Reference: Section 15376, Government Code; and Sections 4553, 4571, 4572 and 4577, Public Resources Code.
HISTORY

1. New section filed 4-20-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 17).
§1024.4. Returned Checks.
Note     •     History

Any fee payment document which is returned unpaid for any reason from the institution upon which the document is drawn, shall render the application incomplete, and any license issued pursuant to that fee payment document shall be invalid at the end of 10 working days following written notice to the applicant. If payment by cash, cashier's check, or money order is received within the 10 day period, such license shall continue without interruption. If payment is not received within the 10 working day period, the license shall remain invalid and a new license shall be required.
NOTE

Authority cited: Sections 4553, 4571, 4572 and 4577, Public Resources Code. Reference: Sections 4553, 4571, 4572 and 4577, Public Resources Code.
HISTORY

1. New section filed 4-20-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 17).
§1024.5. Insurance Maintenance.
Note     •     History

Licensees shall maintain in force an insurance policy, if required, as defined in subsection (c) of section 4572. Failure or refusal to do so shall render the application incomplete, and a license shall be invalid. If an Insurance Certificate showing insurance coverage is received by the Department demonstrating no lapse in insurance coverage, the license shall continue without interruption. If no such Insurance Certificate is received, the license shall remain invalid and a new license shall be required.
NOTE

Authority cited: Sections 4553 and 4572, Public Resources Code. Reference: Section 4572, Public Resources Code.
HISTORY

1. New section filed 4-20-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 17).
§1024.6. Employee with Wages as Sole Compensation.
Note     •     History

(a) “Employee with wages as sole compensation” within the meaning of PRC §4526.5 and 4528.5 shall be persons for whom all of the following characteristics are present:
(1) Receive compensation from hourly wages paid at least twice during each calendar month pursuant to Labor Code §204, or are salaried and paid at least monthly. (“Wages” does not include any “commission” or compensation calculated solely as a percentage of an employer's business, or contract revenue.)
(2) The employer pays unemployment insurance premiums, deducts Federal and State income tax withholding, Social Security and Medicare deductions from each pay check, and is required by law to forward such withholdings to the appropriate government entity.
(3) The employer covers such person with worker's compensation and any needed liability insurance.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4524, 4526.5, 4528.5 and and 4571, Public Resources Code.
HISTORY

1. New section filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
§1025. Fees for Licenses.
Note     •     History

(a) The following annual license fees shall prevail:
1. “Timber Operator License”

New License	 $75.00.

Renewal License	 $50.00.
2. “Limited Timber Operator License”

New License	 $35.00.

Renewal License	 $25.00.
NOTE

Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Section 4572, Public Resources Code. 
HISTORY

1. Amendment filed 4-20-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 17). 
2. Change without regulatory effect amending section heading and removing pre-1999 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17).
§1026. License Renewal.
Note     •     History

Licenses are good only for the calendar years issued. 
(a) New licenses. For a new license, a person shall submit the appropriate and complete application, insurance certificates, if needed, and fees. A new license shall be valid from the date of issuance, to January 1st of odd-numbered years for odd-numbered licenses, and January 1st of even-numbered years for even-numbered licenses. The fee for a newly issued license shall be based on a proration of the annual rate as provided in section 1025.
(b) Renewals. A complete application for renewal shall be submitted to the Director on alternating years, with odd-numbered licenses expiring on January 1st of odd-numbered years, and even-numbered licenses expiring on January 1st of even-numbered years. All licenses for which renewal applications, with the required fee, are not received by the Director, or postmarked, on or before December 1st, shall expire on January 1st, and a new license shall be required.
NOTE

Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4572 and 4574, Public Resources Code.
HISTORY

1. Editorial correction of NOTE filed 12-3-82 (Register 82, No. 49). 
2. Amendment filed 4-20-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 17). 
3. Change without regulatory effect amending section heading and removing pre-1999 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17).
§1027. License Denial.
Note     •     History

An application for a license or an application for renewal of a license may be denied by the Director upon a statement of issues in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code.
NOTE

Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4573, 4574 and 4577, Public Resources Code.
HISTORY

1. Editorial correction (Register 78, No. 45).
2. Editorial correction of NOTE filed 12-3-82 (Register 82, No. 49). 
§1027.1. Basis of Denial.
Note     •     History

The Director may deny issuance of any license either upon original application or upon application for renewal for any of the reasons set forth in PRC 4573. In addition, the Director may deny any application for renewal until any violations of the rules and regulations of the Board and provisions of the Forest Practice Act by the applicant as exist on the date of submission of the renewal application, of which the applicant has been notified and given reasonable opportunity to correct, are corrected on such reasonable terms and conditions as the Director may require, including planting of reasonable numbers of seedlings and young growth trees to restock cutover lands.
NOTE

Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4573, 4574 and 4577, Public Resources Code.
HISTORY

1. Editorial correction of NOTE filed 12-3-82 (Register 82, No. 49).
§1027.2. Partnership and Corporation Denials.
Note     •     History

Licenses and renewals may be denied partnerships where one of the partners had uncorrected violations within 3 years of the application. If a corporation is owned or controlled by a person denied a license or a renewal, the corporation may be denied a license or a renewal pending satisfactory correction of the deficiencies and adherence to the Forest Practice Act and rules, or removal of said person.
NOTE

Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4571, 4573 and 4574, Public Resources Code.
HISTORY

1. Editorial correction of NOTE filed 12-3-82 (Register 82, No. 49).
§1027.3. Multiple Licenses.
Note     •     History

Only one (1) license may be issued to any partnership, corporation, or individual business entity.
NOTE

Authority cited: Sections 4553, 4570, 4571, 4572 and 4573, Public Resources Code. Reference: Sections 4553, 4570, 4571, 4572 and 4573, Public Resources Code.
HISTORY

1. New section filed 4-20-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 17).
§1029. License Availability.
Note     •     History

The license, or copy of it, shall be available for inspection at the site of active timber operations.
NOTE

Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Section 4571, Public Resources Code.
HISTORY

1. Editorial correction of NOTE filed 12-3-82 (Register 82, No. 49).
§1030. Licensee: Change of Address.
Note     •     History

a. The licensee shall: 
1. Maintain a California mailing address to which official written communications from the Director shall be sent and received.
2. Provide such address on licensee's application.
3. Notify the Director at the Sacramento office in writing within 15 days of any change of address.
b. The Director shall maintain all names and mailing addresses in a registry to be used for service of documents pursuant to section 11505 of the Government Code.
NOTE

Authority cited: Section 11505, Government Code; and Sections 4551 and 4572, Public Resources Code. Reference: Section 11505, Government Code; and Section 4571, Public Resources Code.
HISTORY

1. Editorial correction of NOTE filed 12-3-82 (Register 82, No. 49).
2. Amendment of section and Note filed 4-20-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 17). 
3. Change without regulatory effect amending section heading and removing pre-1999 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17). 
Article 2. Timber Harvesting Plan
§1031. Timber Harvesting Plan Availability. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4551, 4552, 4582, Public Resources Code. Reference: Section 4582.5, Public Resources Code.
HISTORY

1. New section filed 11-1-79; effective thirtieth day thereafter (Register 79, No. 44).
2. Repealer field 9-26-89; operative 10-26-89 (Register 89, No. 40).
§1032. Timber Harvesting Plan Filing Locations.
Note     •     History

The Timber Harvesting Plan for proposed timber operations required by PRC §4581 shall be submitted in writing to the Director on a form that meets these regulations at the following CAL FIRE Review Team Offices as appropriate:

         Review Team Office Location

Forest Practice Program Manager	    For Timber Operations In:
California Department of Forestry
and Fire Protection	Alameda, Colusa, Contra Costa, Del
135 Ridgway Ave.	Norte, Humboldt, Lake, Marin,
Santa Rosa, California 95401-4318	Mendocino, Napa, San Mateo, Santa
707-576-2959	Clara, Santa Cruz, Solano, 
SantaRosaPublicComment@fire.ca.gov	Sonoma, western Trinity, and Yolo
 	counties.

Forest Practice Program Manager
California Department of Forestry
and Fire Protection	Butte, Glenn, Lassen, Modoc, Nevada,
6105 Airport Road	Placer, Plumas, Shasta, Sierra, 
Redding, California 96002	Siskiyou, Sutter, Tehama, eastern
530-224-2445	Trinity, and Yuba counties.
ReddingPublicComment@fire.ca.gov

	Alpine, Amador, Calaveras, El 
	Dorado, Fresno, Imperial, Inyo,
	Kern, Los Angeles, Madera,
Forest Practice Program Manager	Mariposa, Merced, Mono, Monterey,
California Department of Forestry	Orange, Riverside, San Benito, San
and Fire Protection	Bernardino, San Diego, San Luis 
1234 E. Shaw Avenue	Obispo, Santa Barbara, Stanislaus,
Fresno, California 93710	Tuolumne, Tulare, and Ventura 
559-243-4100	Counties.
FresnoPublicComment@fire.ca.gov	All Counties for Timberland 
	Conversion Applications, Timberland
 	Conversion Permit Application Fees,
 	and Conversion Plans.

Environmental Coordinator
California Department of Forestry
and Fire Protection
P.O. Box 944246
1416 Ninth Street, Room 1516-25
Sacramento, California 94244-2460
916-657-0300
SacramentoPublicComment@fire.ca.gov
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Section 4581, Public Resources Code. 
HISTORY

1. Change without regulatory effect repealing section and adopting new section filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§1032.7. Plan Submittal and Notice of Intent.
Note     •     History

(a) A plan shall be submitted by the person who owns, leases, contracts, or operates on timberland to harvest timber for commercial purposes.
(b) Where the land or timber is owned or operated by parties other than the person executing the plan the person submitting the plan shall give prompt written notice of such plan to those parties.
(c) The RPF preparing the plan shall submit to the Director, with the plan, a Notice of Intent to Harvest Timber (Notice of Intent) (1) if any proposed plan boundary lies within 300 feet of any property not owned by the timberland owner, or (2) any plan amendment that changes a plan boundary so that the new boundary lies within 300 feet of property not owned by the timberland owner, or (3) with any plan amendment that changes the silvicultural method if a Notice of Intent was required for the plan by condition (1) or (2) above.
(d) A Notice of Intent shall include the following information:
(1) The names of the timberland owner, Registered Professional Forester who prepared the plan, and the plan submitter.
(2) The location of the plan area by county, section, township, and range, and the approximate direction and distance to the plan area from the nearest community or well-known landmark.
(3) The name of and distance from the nearest perennial stream and major water course flowing through or downstream from the plan area.
(4) The acres proposed to be harvested.
(5) The regeneration methods and intermediate treatments to be used.
(6) The estimated earliest date that the Director may approve the plan. This is 15 days from receipt of the plan by the Department, except in counties for which rules and regulations have been adopted pursuant to Section 4516.5 or 4516.8 of the Public Resources Code where the earliest date the Director may approve the plan is 45 days after receipt of the plan by the Department.
(7) A statement that the public may review the plan at the appropriate CAL FIRE Review Team Office and that a copy of the plan may be obtained from the Department upon payment of the applicable charge.
(8) A map which provides the approximate boundary of the THP area, a map legend, and a scale. This map shall be posted with the Notice of Intent.
(9) A statement that questions or concerns regarding the specific plan should be directed to the applicable CAL FIRE Review Team Office for public input incorporation into an Official Response Document.
(10) A statement of whether there is a known overhead electric power line on the proposed plan area except lines from transformers to service panels.
(e) The RPF preparing the plan shall furnish to the Department at the time of submission of the plan, the names and mailing addresses of all property owners within 300 feet of the plan boundary. Either a list compiled from the latest equalized assessment roll or a list provided by a title company doing business in California compiled within 60 days of submission of the plan shall be deemed sufficient for compliance with the subsection.
(f) The Department shall mail copies of the Notice of Intent within 2 working days of receipt of the plan to all persons identified in (e) above.
(g) Prior to plan submission, the person submitting the plan shall post a copy of the Notice of Intent including a map as described in (d)(8) at a conspicuous location on the public road nearest the plan site. Said Notice of Intent shall be on colored paper or identified with colored flagging so as to be easily visible to the public.
NOTE

Authority cited: Sections 4551 and 4582.3, Public Resources Code. Reference: 4551, 4581, 4582.3, 21080 and 21092, Public Resources Code.
HISTORY

1. Renumbering and amendment of section 1034.1 to section 1037.7 filed 2-2-82; effective thirtieth day thereafter (Register 82, No.6). For history of former section, see Register 79, No.44.
2. Amendment of subsection (e) filed 10-19-82; effective thirtieth day thereafter (Register 86, No.2).
3. Amendment filed 1-8-86; effective thirtieth day thereafter (Register 86, No.2)
4. Amendment of subsections (c), (d)(7) and (e) filed 5-23-90; operative 6-22-90 (Register 90, No. 27).
5. Amendment filed 5-27-92; operative 6-29-92 (Register 92, No. 25).
6. New subsection (d)(10) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
7. Change without regulatory effect amending subsections (d)(7) and (d)(9) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§1032.8. Notice of Intent--Distribution by Director.
Note     •     History

The Director shall distribute copies of each Notice of Intent within 2 working days of receipt to:
(a) The office of the County Clerk of the county in which operations are proposed for posting at the customary place for posting environmental affairs.
(b) The local Ranger Unit headquarters for posting.
(c) At such other locations as the Director may deem desirable and feasible to provide adequate public notice.
NOTE

Authority cited: Sections 4551, 4551.5, 4552 and 21092, Public Resources Code. Reference: Sections 4581, 4582, 4582.4, 21080.5, 21081 and 21092, Public Resources Code.
HISTORY

1. New section filed 2-2-82; effective thirtieth day thereafter (Register 82, No. 6). 
§1032.9. Request for Notification of Timber Harvesting Plan Submission.
Note     •     History

(a) Each applicable CAL FIRE Review Team Office shall maintain a list of plans submitted each day.
(b) When any person requests notice of submissions of timber harvesting plans, the Director shall provide the person, free of charge, with a copy of the list of timber harvesting plans submitted on the date or dates requested. If no specific date is requested, a copy of the lists for the preceding week shall be provided.
NOTE

Authority cited: Sections 4551, 4551.5, 4552 and 4582.4, Public Resources Code; and Section 14880, Government Code. Reference: Sections 4581, 4582, 4582.4, 21080.5, 21081 and 21092, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 1037.2 to Section 1032.9 filed 2-2-82; effective thirtieth day thereafter (Register 82, No. 6). For history of former section, see Register 78, No. 31. 
2. Change without regulatory effect amending subsection (a) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§1032.10. Request for Information on Domestic Water Supplies.
Note     •     History

The THP submitter shall provide notice by letter to all other landowners within 1,000 feet downstream of the THP boundary whose ownership adjoins or includes a Class I, II, or IV watercourse(s) which receives surface drainage from the proposed timber operations.  The notice shall request that the THP submitter be advised of surface domestic water use from the watercourse, within the THP or within 1,000 feet downstream of the THP boundary. When required to notice by letter publication shall also be given one time by the THP submitter in a newspaper of general circulation in the area affected by the proposed project.  Such letter and publication shall notify the party of the proposed timber operation and describe its legal location and identify the name, if any, of the watercourse it may effect.  The letter and publication shall request a response by the property owner within ten days of the post-marked date on the letter or the date of publication as appropriate.  The RPF may propose, with justification and explanation, an exemption to such notification requirements, and the Director may agree.  Copies of either notice, proof of service and publication, and any responses shall be attached to the THP when submitted. If domestic use is noted, the plan shall contain mitigations necessary to protect domestic water use. The plan shall not be submitted until ten days after the above notification(s) have been done.
NOTE

Authority cited: Sections 4551 and 4582.3, Public Resources Code. Reference: Sections 4551, 4581, 4582.3, 21080 and 21092, Public Resources Code.
HISTORY

1. New section filed 1-7-94; operative 3-1-94 (Register 94, No. 1). For prior history, see Register 92, No. 40.
2. Amendment filed 8-7-95; operative 8-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 32).
§1033. Filing Date.
Note

The filing date is the date on which the plan is found by the Director to be accurate, complete, and in proper order.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582 and 4583, Public Resources Code. 
§1034. Contents of Plan.
Note     •     History

The plan shall serve two functions: to provide information the Director needs to determine whether the proposed timber operation conforms to the rules of the Board; and to provide information and direction to timber operators so that they comply with the rules of the Board. For the plan to serve these functions, it shall, as a minimum, contain the following information:
(a) Name, address, and telephone number of the timber owner(s).
(b) Name, address, and telephone number of the timberland owner(s).
(c) Name, address, telephone number, and license number of the timber operator(s). 
(d) Name, address, and telephone number of a person to be contacted on the operation who will be responsible for the conduct of the timber operation. If unknown at the time of plan submission, it shall be provided prior to the start of timber operations.
(e) Name, address, and telephone number of the plan submitter. If the submitter is not a person indicated in (a), (b), or (c) above, an explanation of his/her authority to submit the plan shall be provided. 
(f) Name, address, telephone number, and registration number of RPF who prepared the plan. The plan required for timberland conversion does not have to be prepared by an RPF. 
(g) A description of the plan area within which timber operations are to be conducted. The description shall include the following:
(1) U.S. Geological Survey (USGS) Quadrangle name(s) and date(s),
(2) township, range, and section number(s),
(3) county name(s),
(4) CALWATER 2.2 planning watershed number(s), and
(5) approximate acreage.
(h) The forest district and subdistrict (if any) in which the timber operation is located. 
(i) Whether a timberland conversion certificate is in effect, its date of expiration, and its identification number. 
(j) Whether a plan is on file with the Department for any part of the plan area for which a Report of Satisfactory Stocking has not been issued by the Department (show plan number). 
(k) Expected dates of commencement/completion of timber operations. 
(l) The types of forest products to be harvested and if management of broadleaf or optional species is being proposed. 
(m) Identity of the regeneration methods, intermediate treatments, special harvesting methods, alternative prescriptions, and any information specified by the district rules. Also for THPs that do not reference an approved Sustained Yield Plan, or do not demonstrate achievement of MSP pursuant to 913.11(c), the following applies:
(1) The plan shall provide a description of the stand before and after harvesting including: volume, growth projection, stocking, and species composition.
(2) The Director may require such additional information as necessary and feasible to demonstrate how maximum sustained production of high quality timber products will be achieved for an ownership within a THP.
(n) Type of yarding (logging) systems and equipment to be used. Yarding systems will be placed in one or more of the following groups: 
(1) Animal. 
(2) Tractor, skidder, forwarder. 
(3) Cable. 
(A) Ground-lead. 
(B) High-lead. 
(C) Skyline. 
(4) Balloon, helicopter. 
(5) Other, as explained in the plan. 
(o) Explanation and location of new roads wider than single lane with turnouts. 
(p) Whether the RPF has informed the timber owner, timberland owner, and timber operator of their responsibilities for compliance with the stocking requirements of the Act and rules, and for maintenance of erosion control structures. 
(q) Whether the RPF will be supplying the timber operator with a copy of the approved THP. 
(r) How the requirements of 14 CAC 1032.7(f) are to be met. 
(s) If an archaeological survey has been made on the area to be harvested. 
(t) If there are any recorded archaeological or historical sites in the area to be harvested, and how the sites are to be protected if they exist. 
(u) Where the timber owner or timberland owner has not signed the plan, indication that written notice of such plan has been given to either or both of these persons, as required by 14 CAC 1032.7(b). 
(v) Whether there are any adverse insect, disease, or pest problems in the plan area and what mitigating measures, if any, will be used to improve the health and productivity of the stand. 
(w) Information on the presence and protection of known habitat or individuals of any listed species and information on the presence and protection of non-listed species which may be significantly impacted by the timber operation.
(x) On titled USGS (if available) or equivalent topographic maps of a scale not less than 2” to the mile, the information in subsections (1-4), (8), (9), and (11-13) shall be clearly shown. Additional maps, which may be topographic or planimetric, may be used to provide the information required in the other subsections or show specific details, to improve map clarity. The appurtenant roads referenced in subsection (4) may be shown on a map which may be planimetric with a scale as small as one-half inch equals one mile. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used. See the district rules for the appropriate minimum mapping acreages. 
(1) boundaries of logging area (shall be shown on quadrangle map or its equivalent). 
(2) boundaries of regeneration methods, intermediate treatments, special harvesting methods, and alternative prescriptions that are to be applied. 
(3) boundaries of yarding (logging) systems, if more than one system is to be used. 
(4) location of public and those private roads to be used for timber operations within the plan area, and private roads appurtenant to the timber operations where such roads are under the ownership or control of the timber owner, timberland owner, timber operator, or submitter of the plan, and classification of all proposed and existing logging roads as permanent, seasonal, or temporary roads. 
(5) probable location of proposed and existing landings in the watercourse and lake protection zone, and landings outside the zone that are greater than 1/4 acre in size or whose construction involves substantial excavation. 
(6) road failures on existing roads to be reconstructed. 
(7) location of all watercourse crossings of classified watercourses except temporary crossings of Class III watercourses without flowing water during timber operations at that crossing.
(8) location of erosion hazard rating areas, if more than one rating exists. 
(9) location of all watercourses with Class I, II, III, or IV waters. 
(10) location of known unstable areas or slides. 
(11) location of understocked areas prior to timber operations, and other areas not normally bearing timber to at least a 20-acre minimum, or as specified in the district rules. 
(12) location of boundaries of timber-site classes needed for determination of stocking standards to be applied, down to at least a 20-acre minimum or as specified in the district rules. 
(13) location of main ridge tops on the logging area suitable for fire suppression efforts that will require the felling of snags. 
(14) location of Coastal Commission Special Treatment Areas or any special treatment area.
(15) location for which heavy equipment use is proposed on unstable areas, or on areas for which tractor use is proposed beyond the limitations of the standard forest practice rules.
(16) Location of any in lieu use of heavy equipment and location of roads other than crossings in the WLPZ, marshes, wet meadows, and other wet areas.
(17) Location of any new or reconstructed road segment(s) that exceed an average 15% grade for over 200 feet.
(y) Any additional information that is submitted on separate pages shall be clearly marked “plan addendum” and shall bear the date on which it was prepared. 
(z) Explanation and justification for, and specific measures to be used for, tractor operations on unstable areas, on slopes over 65%, and on areas where slopes average over 50% and the EHR is high or extreme. 
(aa) Explanation and justification for tractor operations in areas designated for cable yarding. 
(bb) Winter period operating plan where appropriate. 
(cc) Explanation and justification for use of watercourse, marshes, wet meadows, and other wet areas as landings, roads, or skid trails. 
(dd) Explanation and justification of any in-lieu practices for watercourse and lake protection. 
(ee) Explanation of alternatives to standard rules for harvesting and erosion control. 
(ff) Explanation and justification for landings that exceed the maximum size specified in the rules. 
(gg) Any other information required by the rules or the Act to be included in the plan. The district rules provide for exceptions and alternatives to standard requirements that require inclusion of information in the THP. 
(hh) Where roads, watercourse crossings, and associated landings in the logging area will be abandoned, the methods for abandonment shall be described. 
(ii) On a map complying with subsection 1034(x), the locations and classifications of roads, watercourse crossings, and landings to be abandoned shall be shown. 
(jj) A general description of physical conditions at the plan site, including general soils and topography information, vegetation and stand conditions, and watershed and stream conditions.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4527, 4582 and 4583, Public Resources Code.
HISTORY

1. Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
2. New subsections (hh) and (ii) filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
3. Amendment of subsection (w) filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
4. New subsection (jj) filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
5. New subsections (kk) and (ll) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (m) and new subsections (m)(1) and (m)(2) filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
7. Subsections (kk) and (ll) repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
8. Amendment of subsections (m)-(m)(1) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
9. Amendment of subsections (x), (x)(4), and (x)(7)-(8), and new subsections (x)(15)-(17) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
10. Amendment of subsection (d) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
11. Editorial correction adding inadvertently omitted introductory paragraph (Register 2000, No. 47).
12. Repealer of subsection (g) and new subsections (g)-(g)(5) filed 11-21-2000; operative 1-1-2001 (Register 2000, No. 47).
§1034.1. Plan Submittal. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 4551, 4551.5, 21080 and 21092, Public Resources Code; NRDC v. Arcata National Corp. (1976), 59 Cal. App. 3d 959; Horn v. Ventura County (1979), 24 Cal. 3d 605. Reference: Sections 4551, 4581, 4582, 4582.5, 4592, 21080 and 21092, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 1034.1 to Section 1032.7 filed 2-2-82; effective thirtieth day thereafter (Register 82, No. 6).
§1034.2. Professional Judgment.
Note

Where the rules or these regulations provide for the exercise of professional judgment by the forester (RPF) or the Director, the parties, at the request of either party shall confer on the plan area during the initial pre-harvest inspection provided for by law to reach agreement if possible on the conditions and standards to be included in the plan.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.
§1035. Plan Submitter Responsibility.
Note     •     History

The plan submitter, or successor in interest, shall:
(a) Ensure that an RPF conducts any activities which require an RPF.
(b) Provide the RPF preparing the plan or amendments with complete and correct information regarding pertinent legal rights to, interests in, and responsibilities for land, timber, and access as these affect the planning and conduct of timber operations.
(c) Sign the THP certifying knowledge of the plan contents and the requirements of this section.
(d)(1) Retain an RPF who is available to provide professional advice to the LTO and timberland owner upon request throughout the active timber operations regarding:
(A) the plan,
(B) the Forest Practice Rules, and
(C) other associated regulations pertaining to timber operations.
(2) The plan submitter may waive the requirement to retain an RPF to provide professional advice to the LTO and timberland owner under the following conditions:
(A) the plan submitter provides authorization to the timberland owner to provide advice to the LTO on a continuing basis throughout the active timber operations provided that the timberland owner is a natural person who personally performs the services of a professional forester and such services are personally performed on lands owned by the timberland owner;
(B) the timberland owner agrees to be present on the logging area at a sufficient frequency to know the progress of operations and advise the LTO, but not less than once during the life of the plan; and
(C) the plan submitter agrees to provide a copy of the portions of the approved THP and any approved operational amendments to the timberland owner containing the General Information, Plan of Operations, THP Map, Yarding System Map, Erosion Hazard Rating Map and any other information deemed by the timberland owner to be necessary for providing advice to the LTO regarding timber operations.
(3) All agreements and authorizations required under 14 CCR §1035(d)(2) shall be documented and provided in writing to the Director to be included in the plan.
(e) Within five (5) working days of change in RPF responsibilities for THP implementation or substitution of another RPF, file with the Director a notice which states the RPF's name and registration number, address, and subsequent responsibilities for any RPF required field work, amendment preparation, or operation supervision. Corporations need not file notification because the RPF of record on each document is the responsible person.
(f) Provide a copy of the portions of the approved THP and any approved operational amendments to the LTO containing the General Information, Plan of Operations, THP Map, Yarding System Map, Erosion Hazard Rating Map and any other information deemed by the RPF to be necessary for timber operations.
(g) Notify the Director prior to commencement of site preparation operations. Receipt of a burning permit is sufficient notice.
(h) Disclose to the LTO, prior to the start of operations, through an on-the-ground meeting, the location and protection measures for any archaeological or historical sites requiring protection if the RPF has submitted written notification to the plan submitter that the plan submitter needs to provide the LTO with this information.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 757, 4582 and 4582.5, Public Resources Code.
HISTORY

1. Repealer and new section filed 9-26-89; operative 10-26-89 (Register 89, No. 40). For prior history, see Register 88, No. 32.
2. New subsection (f) filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
3. Amendment of subsection (e) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
4. New subsection (g) filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
5. New subsections (d)(1)-(d)(3), subsection relettering, amendment of newly designated subsection (g) and amendment of Note filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
§1035.1. Registered Professional Forester Responsibility.
Note     •     History

(a) Upon submission of a THP, the Registered Professional Forester (RPF) who prepares and signs a plan is responsible for the accuracy and completeness of its contents.
(1)  The RPF preparing the plan shall state in the THP the work which will be performed by the RPF plan preparer (beyond preparation of the THP and attending the pre-harvest inspection if requested by the Director), and any additional work requiring an RPF which the plan preparer does not intend to perform. This may include, but is not limited to, field work in identifying watercourse and lake protection zones or special treatment areas, marking trees, or other activities. The RPF is only responsible for the activities set forth in the plan when employed for that purpose, or required by the rules of the Board. The RPF shall state whether or not he or she has been retained to provide professional advice throughout the timber operations.
(2) The RPF preparing the plan shall in writing, inform the plan submitter(s) of their responsibility pursuant to Section 1035 of this Article, and the timberland owner(s) of their responsibility for compliance with the requirements of the Act and where applicable, Board rules regarding site preparation, stocking, and maintenance of roads, landings, and erosion control facilities.
(b) Upon entering into an agreement to accept responsibility for any part of the preparation or implementation of a plan or any work beyond the preparation of a plan, including providing professional advice; all responsible RPFs shall disclose to the real party of interest for whom the RPF is providing professional forestry services any known current or potential conflict of interest the RPFs have with regard to the timber or land that is subject to operations under the plan. All responsible RPFs shall disclose to the timberland owner and plan submitter whether they are the real party of interest for whom the RPF is providing professional forestry services.
(c) Disclosure of newly discovered conflicts of interest an RPF has with regard to the plan submitter, timberland owner, timber owner, the LTO and timber purchaser, pertaining to the timber or land that is subject to operations under the plan, shall be required as long as an RPF has responsibilities relative to a plan. The disclosure shall include identification of the real party of interest for whom the RPF is providing professional forestry services.
(d) All disclosures made between an RPF and an affected party pursuant to this section may be kept confidential.
(e) An RPF retained by the plan submitter to provide professional advice throughout the timber operations shall be present, or ensure that the RPF's supervised designee is present, on the logging area at a sufficient frequency to know the progress of operations and advise the LTO and timberland owner, but not less than once during the life of the plan.
(f) An RPF retained by the plan submitter to provide professional advice throughout the timber operations shall inform the LTO during operations of any mitigation measures incorporated into the plan that are intended to address operations that have a high likelihood of resulting in immediate, significant and long-term harm to the natural resources of the State if such mitigation measures are not strictly applied to minimize such impacts.
(g) The RPF shall without delay notify in writing the LTO, the plan submitter, and the Department of a decision to withdraw professional services from the plan.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4583.2 and 4583.5, Public Resources Code.
HISTORY

1. Repealer and new section filed 9-26-89; operative 10-26-89 (Register 89, No. 40). For prior history, see Registers 88, No. 32 and 79, No. 44.
2. Amendment filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
§1035.2. Interaction Between RPF and LTO.
Note     •     History

After the start of the plan preparation process but before commencement of operations, the responsible RPF or supervised designee familiar with on-site conditions, shall meet with either the LTO, or supervised designee, who will be on the ground and directly responsible for the harvesting operation. The meeting shall be on-site if requested by either the RPF or LTO. An on-site meeting is required between the RPF or supervised designee familiar with on-site conditions and LTO to discuss protection of any archaeological or historical sites requiring protection if any such sites exist within the site survey area pursuant to Section 929.2[949.2, 969.2](b). If any amendment is incorporated to the plan by an RPF after the first meeting, that RPF or supervised designee familiar with on-site conditions shall comply with the intent of this section by explaining relevant changes to the LTO; if requested by either that RPF or LTO, another on-site meeting shall take place. The intent of any such meeting is to assure that the LTO:
(a) Is advised of any sensitive on-site conditions requiring special care during operations.
(b) Is advised regarding the intent and applicable provisions of the approved plan including amendments.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4581 and 4582, Public Resources Code.
HISTORY

1. Repealer and new section filed 9-26-89; operative 10-26-89 (Register 89, No. 40). For prior history, see Registers 88, No. 32 and 79, No. 44.
2. Amendment filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment first paragraph filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§1035.3. Licensed Timber Operator Responsibilities.
Note     •     History

Each affected Licensed Timber Operator shall:
(a) Sign the plan and major amendments to the plan, or sign and file with the Director a facsimile of such plan or amendments, agreeing to abide by the terms and specifications of the plan. This shall be accomplished prior to implementation of the following; which the affected LTO has responsibility for implementing:
(1) those operations listed under the plan and
(2) those operations listed under any amendments proposing substantial deviations from the plan.
(b) Inform the responsible RPF or plan submitter, either in writing or orally, of any site conditions which in the LTO's opinion prevent implementation of the approved plan including amendments.
(c) Keep a copy of the applicable approved plan and amendments available for reference at the site of active timber operations. The LTO is not required to possess any confidential addenda to the plan such as the Confidential Archaeological Addendum, nor is the LTO required to keep a copy of such confidential plan addenda at the site of active timber operations.
(d) Comply with all provisions of the Act, Board rules and regulations, the applicable approved plan and any approved amendments to the plan.
(e) In the event that the LTO executing the plan was not available to attend the on-site meeting to discuss archaeological site protection with the RPF or supervised designee familiar with on-site conditions pursuant to 14 CCR§ 929.2 [949.2, 969.2], subsection (b), it shall be the responsibility of the LTO executing the plan to inquire with the plan submitter, timberland owner, or their authorized agent, RPF who wrote the plan, or the supervised designee familiar with on-site conditions, in order to determine if any mitigation measures or specific operating instructions are contained in the Confidential Archaeological Addendum or any other confidential addendum to the plan.
(f) Provide the RPF responsible for professional advice throughout the timber operations an on-site contact employee authorized by the LTO to receive RPF advice.
(g) Keep the RPF responsible for professional advice throughout the timber operations advised of the status of timber operation activity.
(1) Within five days before, and not later than the day of the start-up of a timber operation, the LTO shall notify the RPF of the start of timber operations.
(2) Within five days before, and not later than the day of the shutdown of a timber operation, the LTO shall notify the RPF of the shutdown of timber operations.
(A) The notification of the shutdown of timber operations is not required if the period of the shutdown does not extend beyond a weekend, including a nationally designated legal holiday.
(h) Upon receipt of written notice of an RPF's decision to withdraw professional services from the plan, the LTO or on-site contact employee shall cease timber operations, except for emergencies and operations needed to protect water quality, until the LTO has received written notice from the plan submitter that another RPF has visited the plan site and accepts responsibility for providing advice regarding the plan as the RPF of record.
NOTE

Authority cited: Sections 4551, 4552 and 4571, Public Resources Code. Reference: Sections 4528.5 and 4571, Public Resources Code.
HISTORY

1. New section filed 9-26-89; operative 10-26-89 (Register 89, No. 40). 
2. Amendment of subsection (c) and new subsection (e) filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of subsection (e) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment of first paragraph, new subsections (a)-(a)(2) and (g)-(i) and subsection relettering filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
5. Repealer of subsection (c), subsection relettering and amendment of newly designated subsection (e) filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
§1035.4. Notification of Commencement of Operations.
Note     •     History

Each calendar year, within fifteen days before, and not later than the day of the start up of a timber operation, the Timber Harvesting Plan Submitter, unless the THP identifies another person as responsible, shall notify CDF of the start of timber operations. The notification, by telephone or by mail, shall be directed to the appropriate CDF Ranger Unit Headquarters, Forest Practice Inspector, or other designated personnel.
NOTE

Authority cited: Sections 4551, 4551.5, 4553 and 4604, Public Resources Code. Reference: 4551, 4551.5 and 4582, Public Resources Code.
HISTORY

1. New section filed 7-28-88; operative 8-27-88 (Register 88, No. 32). 
§1036. Deviations. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4591.1, Public Resources Code. Reference: Sections 4583.2 and 4591.1, Public Resources Code.
HISTORY

1. Amendment filed 6-26-78 as an emergency; designated effective 7-6-78. Certificate of Compliance included. Issuing agency: Board of Forestry (Register 78, No. 28). 
2. Relocation of definitions in former section 1036 to section 895.1 and repealer of section 1036 filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§1036.1. Murrelet Protection before Notice of Completion.
Note     •     History

For any THP which has been found to be in conformance with THP filing and review procedures and approved by the Director, but as to which no Notice of Completion (PRC Section 4586) has been filed, when there is evidence that the THP area contains an active murrelet site or possesses a potential impact to a murrelet, the THP submitter shall immediately request a conference with DFG or U.S. Fish and Wildlife Service (in the event of Federal listing) to determine appropriate measures for protection of the species. Any additional mitigations for species protection which are developed through consultation with DFG or the U.S.F.W.S. after initial submittal of the THP shall be submitted to the Director in the form of an amendment to the THP pursuant to 14 CCR 1036.
NOTE

Authority cited: Section 4591.1, Public Resources Code. Reference: Sections 4583.2 and 4591.1, Public Resources Code.
HISTORY

1. New section filed 11-1-91 as an emergency; operative 11-1-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-2-92 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 5-19-92; operative 6-18-92 (Register 92, No. 26).
3. Editorial correction of History 1 (Register 95, No. 41).
§1037. THP Preharvest Inspection--Filing Return.
Note     •     History

Within ten (10) days of the receipt of a plan, or within twenty (20) days of the receipt of a plan to which a Road Management Plan is appended, the Director shall determine if the plan is accurate, complete and in proper order, and if so, the plan shall be filed. During this same period, the Director shall determine if a preharvest inspection is necessary. When the Director finds a plan inaccurate, incomplete, or otherwise not in proper order, the plan shall be returned to the submitter with written specifications of the deficiencies.
If a preharvest inspection is to be held, the LTO who will operate under the plan, if known, shall be invited to participate.
NOTE

Authority cited: Sections 4551, 4551.5, 4552, 4582.7 and 21080.5, Public Resources Code; NRDC v. Arcata National Corp. (1976), 59 Cal. App. 3d 959, 131 Cal.Rptr. 172. Reference: Sections 4581, 4582, 4582.5, 4582.6, 4582.75, 4592, 21081 and 21092, Public Resources Code.
HISTORY

1. Amendment filed 2-2-82; effective thirtieth day thereafter (Register 82, No. 6). 
2. New final paragraph filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of first paragraph and Note filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
§1037.1. Notice of Filing.
Note     •     History

(a) The Director shall prepare a notice of filing which shall contain the basic information contained in the Notice of Intent (14 CAC 1032.7) plus the assigned timber harvesting plan number.
(b) Within 2 working days of the date the plan is filed, the Director shall transmit copies of the Notice of Filing to:
(1) The person submitting the plan.
(2) The office of the County Clerk of the county in which the operations are proposed. The notice shall be posted at the normal place for posting environmental notices.
(3) The local Ranger Unit headquarters for posting.
(4) At such other locations as the Director may deem desirable and feasible to provide adequate public notice.
(5) All public agencies having custodial responsibility for lands within 91.44 meters (300 feet).
(6) Anyone else, as required by Public Resources Code Sections 4582.4 and 4582.6.
NOTE

Authority cited: Sections 4551, 4551.5, 4552, 4582.4, 4582.6 and 21080.5, Public Resources Code; NRDC v. Arcata National Corp. (1976), 59 Cal. App. 3d 959. Reference: Sections 4581, 4582, 4582.5, 4582.7, 4582.75, 4592, 21081 and 21092, Public Resources Code.
HISTORY

1. Amendment filed 2-2-82; effective thirtieth day thereafter (Register 82, No. 6). 
§1037.2. Request for Notices. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 4551, 4551.5, 4552 and 4582.4, Public Resources Code; Section 14880, Government Code. Reference: Sections 4581, 4582, 4582.4, 21080.5, 21081 and 21092, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 1037.2 to Section 1032.9 filed 2-2-82; effective thirtieth day thereafter (Register 82, No. 6). 
§1037.3. Agency and Public Review.
Note     •     History

(a) Upon receipt of the filed plan in accordance with 14 CCR 1037, the Director shall place it, or a true copy thereof, in a file available for public inspection, and shall transmit a copy to the Department of Fish and Game, the appropriate California Regional Water Quality Control Board, the Department of Conservation, Division of Mines and Geology (California Geological Survey), the Department of Parks and Recreation, the county planning agency and, if the areas are within their jurisdiction, to the California Tahoe Regional Planning Agency and the California Coastal Commission.
(b) The Director shall also transmit a copy of any specific plan to any person who has made a written request therefor.
(c) The Department shall bill such persons for the cost of providing such copies and such monies shall be paid to the Department.
(d) The Director shall invite written comments, and will consider these comments. All comments regarding plans shall be in writing and shall be addressed to the Director at the appropriate CAL FIRE Review Team Office where the plan is filed. Comments from reviewing public agencies shall be considered based on the comments' substance, and specificity, and in relation to the commenting agencies' area(s) of expertise and statutory mandate, as well as the level of documentation, explanation or other support provided with the comments.
(e) Any substantial deviation in the plan or the inclusion of “significant new information” (as described in 14 CCR §895.1), made during the Director's review of the plan shall require recirculation as described in this section and reopening or extending the public comment period for a minimum of thirty (30) days. 
(f) The Director shall take the following steps when “significant new information” is added to the plan during the course of plan review or during the Director's Determination period. 
(1) When significant changes are limited to a few sections or portions of the plan, the Department need only recirculate the sections or portions that have been modified. 
(2) When significant changes are not limited to a few sections of the plan, the Department shall recirculate the entire plan. 
(3) The Department shall prepare a letter of recirculation which shall include: 
(A) A brief description of the proposed project and its location. Such information shall include: 
1. The Plan number and County. 
2. The names of the timberland owner and the Plan Submitter. 
3. The location of the plan area by county, section, township, and range. 
4. The name of the nearest major watercourse or CAL Watershed ID. 
5. The acres proposed to be harvested. 
6. The silvicultural systems to be used. 
(B) A summary of changes made to the plan and a brief description of “significant new information” contained in the plan. 
(C) Clarification as to whether the entire plan or only those recirculated portions of the plan are open for public comment. 
(D) The starting and ending dates for the review period during which public comments will be received. 
(E) The date, time, and place of any scheduled public meetings when known by the lead agency at the time of notice. 
(F) The address where copies of the plan record is available for public review. 
(4) The letter of recirculation shall be sent to all review team members; any agency, person, or organization that commented on the plan; and all landowners who received a Notice of Intent (or Preparation). 
(5) The Department need only respond to: 
(A) Comments received during the initial circulation period that relate to sections or portions of the plan that were not revised and recirculated, and; 
(B) Comments received during the recirculation period that relate to the sections or portions of the plan that were revised and recirculated. 
(6) The Department shall include with the notice of submissions, a notice of recirculation pursuant to 14 CCR §1032.9. 
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582.6, 4582.7 and 4582.75, Public Resources Code, and Joy Road Area Forest and Watershed Association, v. California Department of Forestry & Fire Protection, Sonoma County Superior Court No. SCV 229850.
HISTORY

1. Amendment of text and adoption of Note filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
2. Amendment of section and Note filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
3. Change without regulatory effect amending subsection (c) and adopting new subsection (d) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
4. New subsections (e)-(f)(6) and amendment of Note filed 1-5-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 1). 
§1037.4. Director's Determination.
Note     •     History

The Director shall have 30 days from the date the initial inspection is completed (ten of these days shall be after the final interagency review), or in the event the Director determines that such inspection need not be made, 15 days from the date of filing of an accepted plan in accordance with 14 CCR 1037, or such longer period as may be mutually agreed upon by the Director and the person submitting the plan, to review the plan and take public comment. After the initial review and public comment period has ended, the Director shall have up to fifteen working days, or a longer period mutually agreed upon by the Director and the person submitting the plan, to review the public input, to consider recommendations and mitigation measures of other agencies, to respond in writing to the issues raised and to determine if the plan is in conformance with the applicable rules adopted by the Board. The Director shall insure that an interdisciplinary review team has had an opportunity to review each plan. The Director shall review and consider the recommendations made on each plan by the interdisciplinary review team before determining if the plan conforms to the rules of the Board. The Director shall consider all written comments regarding the plan.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.
HISTORY

1. Amendment filed 8-3-78; effective thirtieth day thereafter. Issuing agency: Board of Forestry (Register 78, No. 31).
2. Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
3. Amendment filed 9-17-90; operative 10-17-90 (Register 90, No. 43).
4. Editorial correction of  printing error in HISTORY 3. (Register 91, No. 31).
5. Change without regulatory effect amending section filed 5-22-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 21).
§1037.5. Review Teams to Be Established.
Note     •     History

Interdisciplinary review teams shall be established by the Director to review plans and assist the Director in the evaluation of proposed timber operations and their impacts on the environment.
(a) Review Team Composition. Each review team, when possible, shall consist of a representative from each of the following agencies: the appropriate California Regional Water Quality Control Board, Department of Fish and Game, Department of Conservation, Division of Mines and Geology, a representative of county government when the county government so requests, California Coastal Commission (for plans in the coastal zone), California Tahoe Regional Planning Agency (for plans in the Tahoe Basin) and the Department of Forestry and Fire Protection. The Director shall request a representative from the Department of Parks and Recreation in the case of plans that may affect values in publicly owned parks. The Director may request other federal, state, or county agencies, or Native Americans as defined in 14 CCR 895.1, when appropriate, to assist as advisors in the review process. The Department of Forestry and Fire Protection's representative shall be the review team chairperson and shall be a Registered Professional Forester.
(b) Review Team Function. The function of the review team shall be to assist the Director in determining if plans are in conformance with Board rules and to evaluate the potential environmental impacts of timber operations. Review criteria employed by a team shall be consistent with this function. The Board's regulations provide direction for those situations noted during the review which are not addressed by specific rules (See 14 CCR 898.1(f), 901-903.2, 1655 & PRC 4555). In evaluating a plan, the review team shall review any discussion of feasible alternatives or additional mitigation to the proposed timber operation as prescribed in 14 CCR 898. Plan reviewers must consider the economic as well as the environmental benefits of feasible alternatives. The review team shall serve in an advisory capacity to the Director in making recommendations on plans.
In the event that any member of the review team concludes that the plan as filed would have a significant adverse effect on the environment, that member shall explain and justify this conclusion in writing as specifically as possible. The member shall provide in writing suggested site-specific mitigation measures, if any, that will substantially lessen these impacts.
(c) Chairperson Tasks. The Department is the lead agency in the review of plans. The review team chairperson shall direct the review team meetings, coordinate the interdisciplinary review of plans and develop recommendations on plans for the Director's consideration.
(d) Review Team Meetings. The Director or his designee is responsible for establishing and scheduling the meeting of a review team to perform the necessary review of plans for the Department.
Review team meetings shall be open to the RPF, supervised designee, the landowner, and the timber owner and, insofar as possible without disrupting the work of the team, to the public. The chairperson may impose limitations on the scope of any public participation at the meetings. All interested persons will normally be allowed to attend team meetings. On occasions when space or other considerations will require some limitation on attendance the review team chairperson shall endeavor to allow for attendance of at least one representative for each of the various agencies, organizations or special interest groups.
(e) Non-Concurrence. If a member of the review team does not concur with the chairperson's recommendation to the Director, the member shall submit in writing, within 5 days of the review team meeting and before the action required by 14 CCR 1037.4, the specific reasons why the recommendation does not provide adequate protection of the resources for which his or her agency has responsibility. The submission to the Director shall also include recommendations on measures or actions the Director should take to address the asserted deficiency, as provided by the rules of the Board. A non-concurring member's comments shall be considered based on the comments' specificity and relation to the member agency's area(s) of expertise and statutory mandate, as well as the level of documentation, explanation or other support provided with the comments. If a non-concurrence is filed on a plan, the review team chairperson shall prepare a written report explaining how the concerns cited in the non-concurrence have been addressed in the plan and how the natural resources of concern will be protected during timber operations.
(f) Mitigation. Mitigation and protective measures developed by members of the review team shall be consistent with 14 CCR 1037.3, 1037.5(b), 1037.5(h), and PRC 4582.6(b). Unless the RPF and review team member agree to mitigation measure(s), such mitigation and protective measures shall be explained and justified in writing and be based upon the evaluation of site-specific conditions at the appropriate scale.
(1) During the review of a plan, including the preharvest inspection, members of the review team may recommend incorporation of mitigating measures into the plan which are consistent with the forest practice rules and which would improve the plan or assist in significantly lessening adverse impacts of the operation on any timberland resources. The submitter may or may not agree with concerns expressed by the suggestions or may offer alternatives. If the submitter, after consultation with the RPF who prepared the plan, agrees with the suggested mitigation measures or changes, they are to be incorporated in the plan. The Director may only require incorporation into the plan of mitigation measures that are based on rules of the Board.
(2) Members of the review team may suggest protective measures for incorporation into the plan when express authority for such measures is not contained in the rules and regulations of the Board. If the RPF rejects incorporation of such measures into the plan, the Director shall determine if approval of the plan without the suggested measures could result in immediate significant, and long-term harm to the natural resources of the state. If the Director finds that the state's resources are so endangered, the provisions of PRC 4555 shall be followed.
(g) Review of Plans by Review Teams. Before the Director makes a determination on a plan, a review team shall review the plan. The review team shall do the following:
(1) Before the Director accepts a plan for filing or before the fifth working day after filing, a review team shall review the plan. The purpose of this review is to assist this Department in determining whether a preharvest inspection (initial inspection) is necessary and what areas of concern are to be examined during the inspection, if it is to be made. If a preharvest inspection is determined by the Department to be unnecessary, the review team shall make its recommendation to the Director no later than five working days after a plan is filed.
(2) After the preharvest inspection and before the Director's determination on a plan, the review team shall meet to review all the information on the plan and develop a recommendation for the Director.
(3) Requests, if any, for additional information, from the plan submitter during the review period shall be as prescribed by Section 1034 and other conditions in the rules. Such requests shall be supported by reasons for the request.
During the review period, the Director shall be responsible for determining whether requests for information not contained in the plan as filed or developed in preharvest inspection by review team members, reviewing agencies and members of the public, are consistent with the Forest Practice Rules, are reasonably necessary and should be requested from plan submitters. The Director's determination of additional information to be provided by plan submitters shall be guided by standards of practicality and reasonableness, recognizing the statutory review period of the FPA, the requirements of 14 CCR 1034 and the availability of information from alternative sources.
(h) Review Team Recommendations. The review team chairperson shall develop for each plan reviewed, a recommendation for the Director's consideration. When developing recommendations the review team chairperson shall carefully consider all the information available and the views and opinions expressed by all team members. The advice of review team members shall be utilized in determining whether appropriate alternatives have been selected and included in a plan and if implementation of the plan would cause significant damage to natural resources. The Director shall evaluate the review team recommendation in light of their specificity, as well as the level of documentation, explanation or other support provided with the recommendation and the agency's statutory mandates and areas of expertise.
(i) Communications with Plan Submitter. The plan submitter, and the registered professional forester who prepared the plan, and review team members, shall be provided by the Department with copies of preharvest inspection reports, nonconcurrences and review team recommendations so they are kept informed and are better able to respond promptly to the Department relative to changes that may be needed in a plan before it is acted upon by the Director.
NOTE

Authority cited: Sections 4551 and 21080.5, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4582.6, 21000(g), 21002 and 21080.5, Public Resources Code; and Natural Resources Defense Council, Inc. v. Arcata Nat. Corp. (1976) 59 Cal.App.3d 959; 131 Cal.Rptr. 172.
HISTORY

1. New section filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
2. Amendment of subsection (b) filed 7-3-86; effective thirtieth day thereafter (Register 86, No. 27). 
3. Amendment filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
4. Amendment of subsection (a) and Note filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
5. Amendment of subsection (d) and Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
6. Amendment of subsections (a) and (e) filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
7. New subsection (f), redesignation and amendment of former subsection (f) as subsections (f)(1)-(2) and amendment of subsection (h) filed 11-7-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 45).
8. Amendment of subsection (a) filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
§1037.6. Nonconformance of Plan.
Note     •     History

If the Director determines that a plan is not in conformance with the rules of the Board the plan shall be returned in accordance with 14 CCR 1054. In addition, the Director shall state any changes and reasonable conditions that in the Director's professional judgment are needed to bring the plan into conformance with the applicable rules of the Board and offer to confer with the RPF in order to reach agreement on the conditions necessary to bring the plan into conformance.
NOTE

Authority cited: Sections 4551 and 21080.5, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4582.6, 21000(g), 21002 and 21080.5, Public Resources Code; and Natural Resources Defense Council, Inc. v. Arcata Nat. Corp. (1976) 59 Cal.App.3d 959; 131 Cal.Rptr. 172.
HISTORY

1. Renumbering of Section 1037.5 to Section 1037.6 filed 2-2-82; effective thirtieth day thereafter (Register 82, No. 6). 
2. Amendment of section and new Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§1037.7. Conformance of Plan.
Note     •     History

If the Director determines that the plan is in conformance with the rules of the Board, then the person submitting the plan shall be notified, and timber operations thereunder may commence.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.
HISTORY

1. Amendment filed 8-3-78; effective thirtieth day thereafter. Issuing agency: Board of Forestry (Register 78, No. 31).
2. Renumbering of Section 1037.6 to Section 1037.7 filed 2-2-82; effective thirtieth day thereafter (Register 82, No. 6). 
§1037.8. Notice of Conformance.
Note     •     History

At the time the Director notifies the plan submitter that the plan has been found in conformance, as described in 14 CCR 1037.7, the Director shall transmit a notice thereof to the agencies and persons referred to in 14 CCR 1037.3, and for posting at the places named in 14 CCR 1037.1. A copy of the notice shall be filed with the Secretary for Resources. The notice of conformance shall include a written response of the Director to significant environmental issues raised during the evaluation process.
NOTE

Authority cited:  Sections 4551, 4552 and 4553, Public Resources Code.  Reference:  Section 4552, Public Resources Code.
HISTORY

1. Renumbering of section 1037.7 to section 1037.8 filed 2-2-82; effective thirtieth day thereafter (Register 82, No. 6). 
2. Amendment and new NOTE filed 4-29-92; operative 5-29-92 (Register 92, No. 18).
§1037.9. Public Inspection.
History

Notices of Conformance, pursuant to 14 CAC 1037.7 and notices of approval by the Board, pursuant to 14 CAC 1037.6, shall be available for public inspection, and a list of such notices shall be posted on a weekly basis in the Office of the Resources Agency. Each such list shall remain posted for a period of 30 days.
HISTORY

1. Renumbering of Section 1037.8 to Section 1037.9 filed 2-2-82; effective thirtieth day thereafter (Register 82, No. 6). 
§1037.10. Review Period Waiver.
Note     •     History

In counties for which rules and regulations have been adopted pursuant to Section 4516.5, no timber harvesting plan shall be approved by the Director until 35 days from the date of filing of the plan unless the Director finds that the proposed timber operations will cause no significant environmental damage or threat to public health and safety or the environment or that the timber operations are necessary to reduce such a threat. The Director may waive or shorten the time period for approval:
(a) If all of the following are true of the plan.
(1) No new road construction; 
(2) No road reconstruction that involves substantial change in the original road prism;
(3) No timber operations on slopes in excess of 60%;
(4) No timber operations in special treatment areas;
(5) No timber operations within watercourse and lake protection zones;
(6) No timber operations on unstable soils;
(7) No timber operations within 500 feet of an active nesting site rare or endangered bird species;
(8) No timber operations on areas with high or extreme erosion hazard rating;
(9) The harvest area will be stocked at completion of timber operations;
(10) No threat to public safety is involved; and
(11) No public hearing has been requested by the county.
(b) Or if the Director finds that he or she must approve a plan quickly so as to adequately protect the public health and safety, or the environment and that such protection cannot be adequately provided under the normal rules of the Board for plan review. The basis for the finding must be stated in writing before the Timber Harvesting Plan is approved.
NOTE

Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5, 4516.6 and 4582.7, Public Resources Code; and Sections 1037 and 1037.4, Title 14, California Administrative Code.
HISTORY

1. New section filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36). 
2. Change without regulatory effect amending first paragraph and subsection (b) filed 9-26-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
§1037.11. Notice of Waiver.
Note     •     History

If the Director decides to waive or shorten the time period for plan review pursuant to 14 CAC 1037.10, he or she shall give notice within three working days of that determination to all persons or agencies to whom a Notice of Intent was sent.
NOTE

Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5, 4516.6, 4582.4 and 4582.6, Public Resources Code; and Sections 1032.7, 1032.8 and 1037.10, Title 14, California Administrative Code.
HISTORY

1. New section filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36). 
§1038. Exemption.
Note     •     History

Persons who conduct the following types of timber operations are exempt from the plan preparation and submission requirements (PRC §4581) and from the completion report and stocking report requirements (PRC §§4585 and 4587) of the Act with the following exceptions and requirements:
(i) no tree that existed before 1800 A.D and is greater than sixty (60) inches in diameter at stump height for Sierra or Coastal Redwoods, and forty-eight (48) inches in diameter at stump height for all other tree species shall be harvested unless done so under the conditions or criteria set forth in subsection 1038(h). 
(ii) all timber operations conducted in the Lake Tahoe Region pursuant to 14 CCR §1038 must have a valid Tahoe Basin Tree Removal Permit (as defined by the Tahoe Regional Planning Agency) or shall be conducted under a valid TRPA Memorandum of Understanding (MOU), when such a permit is required by TRPA.
(a) Harvesting Christmas trees.
(b) Harvesting dead, dying or diseased trees of any size, fuelwood or split products in amounts less than 10 percent of the average volume per acre when the following conditions are met:
(1) No tractor or heavy equipment operations on slopes greater than 50 percent.
(2) No construction of new tractor roads on slopes greater than 40 percent.
(3) Timber operations within any Special Treatment Area, as defined in 14 CCR 895.1, shall comply with the rules associated with that Special Treatment Area.
(4) No tractor or heavy equipment operations on known slides or unstable areas.
(5) No new road construction or reconstruction, as defined in 14 CCR 895.1.
(6) No heavy equipment operations within the standard width of a watercourse or lake protection zone, as defined in 14 CCR 916.4 [936.4, 956.4] (b), except for maintenance of roads and drainage facilities or structures.
(7) No known sites of rare, threatened or endangered plants or animals will be disturbed, threatened or damaged.
(8) No timber operations within the buffer zone of a sensitive species, as defined in 14 CCR 895.1.
(9) No timber harvesting within the standard width of a watercourse or lake protection zone, as defined in 14 CCR 916.4 [936.4, 956.4] (b), except sanitation-salvage harvesting, as defined in 14 CCR 913.3 [933.3, 953.3], where immediately after completion of operations, the area shall meet the stocking standards of 14 CCR 912.7 [932.7, 952.7] (b)(2), or, except the removal of dead or dying trees where consistent with 14 CCR 916.4 [936.4, 956.4] (b). Trees to be harvested shall be marked by, or under the supervision of, an RPF prior to timber operations.
(10) No timber operations on any site that satisfies the criteria listed in 895.1 for a significant archaeological or historical site. Information on some of these sites may be available from the Information Centers of the California Historical Resources Information System within the Department of Parks and Recreation.
(c) The cutting or removal of trees in compliance with sections 4290 and 4291 which eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuelbreak to reduce fire spread, duration, and intensity.
(1) Only trees within one-hundred-fifty feet from any point of an “approved and legally permitted structure” that complies with the California Building Code may be harvested
(2) The following silvicultural methods may not be used: clearcutting, seed tree removal step, shelterwood removal step.
(3) All surface fuels created by timber operations under the exemption which could promote the spread of wildfire, including logging slash and debris, deadwood, branches exceeding 1 inch in diameter, and brush, shall be chipped, burned, or removed within 45 days from the start of timber operations.
(4) In addition to the slash treatment described in CCR 1038(c)(3), the areas of timber operations must meet the vegetation treatment standards in PRC 4584(j)(1) to (2)(A) illustrated in Technical Rule Addendum No.4 within one year from the receipt of issuance of Notice of Acceptance.
(5) In addition to the limitations listed in 1038(b)(1)-(10), the following apply:
(A) The timber operator shall provide the Director the tentative commencement date of timber operations on the notice required in 14 CCR 1038.2. Within a 15 day period before beginning timber operations, the timber operator shall notify CDF of the actual commencement date for the start of operations. The starting date shall be directed to the designated personnel at the appropriate CDF Ranger Unit Headquarters by telephone or by mail.
(B) Timber operations conducted under this subsection shall conform to applicable city or county general plans, city or county implementing ordinances, and city or county zoning ordinances within which the exemption is located. The timber operator or timberland owner shall certify that the city or county has been contacted and the exemption conforms with all city or county regulatory requirements.
(C) Timber operations may not be conducted without a copy of the Director's notice of acceptance of the exemption at the operating site, except where the Director has failed to act within the 5 working-day review period.
(d) The limit of 10 percent of the volume per acre in subsection (b) above does not apply when harvesting dead trees which are unmerchantable as sawlog-size timber from substantially damaged timberlands, as defined in 14 CCR 895.1, and the following conditions are met
(1) Timber operations shall comply with the limits established in 14 CCR 1038(b)(1)-(10).
(2) The landowner shall notify the Director of the completion of timber operations within 30 days of their cessation.
(3) At least one inspection conducted by the Director shall be made after completion of operations (Section 4604 PRC).
(4) The RPF certifies that the timberland is substantially damaged.
(5) The RPF shall also certify that no conditions were identified where operations, conducted in compliance with the rules of the Board, would reasonably result in significant adverse effects.
(e) Operations pursuant to an exemption under subsection (c), (d) and (i) may not commence for five working days from the date of the Director's receipt of the Notice of Exemption unless this delay is waived by the Director, after consultation with other state agencies. The Director shall determine whether the Notice of Exemption is complete, and if so, shall send a copy of a notice of acceptance to the submitter. If the Notice of Exemption is not complete and accurate, it shall be returned to the submitter and the timber operator may not proceed. If the Director does not act within five days of receipt of the Notice of Exemption, timber operations may commence. 
(f) Timber operations conducted in the Lake Tahoe Region authorized under PRC §4584(b), (c), and (j) when the following conditions are met:
(1) Tree removal on high erosion hazard lands (Bailey's Land Capability Districts 1a, 1c, or 2 per Land Capability Classification of the Lake Tahoe Basin, California-Nevada: A Guide for Planning by R.G. Bailey, USDA Forest Service, 1974) shall only be conducted using the following methods: helicopter, over-snow where no soil disturbance occurs, hand carry, and use of existing roads.
(2) Tree removal in Stream Environment Zones (“SEZs,” Bailey's Land Capability District 1b) and within the standard width of a WLPZ, as defined in 14 CCR §895.1, shall be permitted as in the preceding section (f)(1). 
(A) End-lining may also be used provided that soils are dry, all heavy equipment remains outside the SEZ or WLPZ, and site conditions are such that soils or vegetation will not be adversely affected and a discharge of earthen materials to surface waters, SEZs, or 100-year floodplains will not occur. 
(B) Other low-impact tree removal methods may be used in SEZs and WLPZs if approved by the Lahontan RWQCB prior to submittal of the exemption notice to the Department. Certification of approval by the Lahontan RWQCB and TRPA shall be provided with the exemption notice to the Department. Low-impact tree removal methods means the use of techniques for vegetation management, including tree cutting or removal,  designed to minimize impacts to the soils and vegetation. Such techniques shall minimize disruption of the soil surface (soil detachment), soil compaction, and damage to vegetation. Depending on the specific site conditions (e.g. soil type, soil conditions, slopes) and the method of operation, the use of low-ground pressure logging equipment, including but not limited to, certain harvesters and forwarders, may qualify.
(C) Heavy equipment operations may be used for maintenance of existing roads, maintenance of drainage facilities or structures, or skid crossings approved pursuant to (f)(9) below.
(3) No tractor or heavy equipment (ground-based) operations on slopes greater than 30% except during over-snow operations that result in no soil disturbance.
(4) No heavy equipment operations during the winter period, except for over-snow operations that result in no soil disturbance, or use of low-impact tree removal methods approved pursuant to (f)(2) above.
(5) No new road construction or reconstruction, as defined in 14 CCR §895.1.
(6) No tractor or heavy equipment operations on known slides or unstable areas.
(7) All cutting or removal of trees or other vegetation from within the standard width of a WLPZ shall meet the WLPZ standards of the Forest Practice Act and District Forest Practice Rules applicable to THPs, and be certified in writing by staff of the Lahontan RWQCB as complying with the soil protection and vegetation retention requirements of the Lahontan RWQCB's Basin Plan prior to submittal of the exemption notice to the Department. Trees to be harvested shall be marked by, or under the supervision of, an RPF prior to timber operations. 
(8) All Class III watercourses shall have at least a 25-foot WLPZ.
(9) No watercourse crossings of Class I or Class II watercourses except on existing bridges or existing culvert crossings. Any and all crossings proposed for Class III or Class IV watercourses shall be approved by staff of the Lahontan RWQCB and TRPA prior to operations.
(10) No known sites of rare, threatened or endangered plants or animals will be disturbed, threatened or damaged.
(11) No timber operations within the buffer zone of a sensitive species, as defined in 14 CCR §895.1.
(12) No timber operations on any site that satisfies the criteria listed in 14 CCR §895.1 for a significant historical or archaeological site. Information on some of these sites may be available from the Information Centers of the California Historical Resources Information System within the Department of Parks and Recreation.
(13) The landowner shall allow access to the property for inspections by staff of the Lahontan RWQCB and TRPA.
(14) Timber operations within any Special Treatment Area, as defined in 14 CCR §895.1, shall comply with the rules associated with Special Treatment Areas.
(15) Operations conducted in the Lake Tahoe Region under the authority of PRC §4584(j) shall comply with requirements listed in section 14 CCR §1038(c)(1) through (4) and within a 15 day period before beginning timber operations, the timber operator shall notify CDF of the actual start of operations.
(16) Operations conducted in the Lake Tahoe Region for the purpose of removing unmerchantable dead trees in amounts greater than 10% of the volume per acre from substantially damaged timberlands shall comply with 14 CCR §1038(d)(2) through (5).
(g) The removal of woody debris and slash that is: (1) located outside the standard width WLPZ; (2) within the reach of loading equipment operating on existing logging roads and landings; (3) developed during timber operations; and (4) delivered as combustion fuel for the production of energy. Timber operations under this subsection shall comply with the conditions of section 1038(b)(3), (4), (6), (7), (8), and (10).
(h) Harvesting of large old trees shall only occur when:
(1) the tree is not critical for the maintenance of a Late Successional Stand and
(2) an RPF attaches to the exemption an explanation and justification for the removal based on the RPF's finding that one or more of the criteria or conditions listed under subsection (A), (B), or (C) are met. The requirements of (h)(2) need not be met if an approved management document; including but not limited to a HCP, SYP, NTMP or PTEIR; addresses large old tree retention for the area in which the large old tree(s) are proposed for removal and the removal is in compliance with the retention standards of that document. All trees to be harvested pursuant to this subsection shall be marked by an RPF prior to removal.
(A) The tree(s) is a hazard to safety or property. The hazard shall be identified in writing by an RPF or professionally certified arborist;
(B) The removal of the tree(s) is necessary for the construction of a building as approved by the appropriate county/city permitting process and as shown on the county/city approved site plan which shall be attached to the Notice of Exemption;
(C) The tree is dead or is likely to die within one year of the date of proposed removal, as determined by an RPF or professionally certified arborist.
(i) The harvesting of trees in compliance with PRC § 4584(k), Forest Fire Prevention Exemption, limited to those trees that eliminate the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns, for the purpose of reducing the rate of fire spread, duration and intensity, fuel ignitability, or ignition of tree crowns, when the following conditions are met: 
(1) The logging area does not exceed 300 acres in size. 
(2) The tree harvesting will decrease fuel continuity and increase the quadratic mean diameter of the stand. 
(3) The Notice of Exemption, Form RM-73(1038i)(12/12/08), is prepared, signed and submitted by an RPF to the Director. The RPF shall provide current address and telephone number on the form. 
(4) The RPF preparing the Notice of Exemption shall, upon submission of the Notice of Exemption, provide a map of the area of timber operations that complies with 14 CCR § 1034(x)(1),(3), (4), (7), (8), (9), (10), (11), (12) and (14). This map shall be submitted in place of the map required by 14 CCR § 1038.2(d). 
(5) The RPF shall, upon submission of the Notice of Exemption, include a description of the preharvest stand structure and a statement of the postharvest stand stocking levels. The level of residual stocking shall be consistent with maximum sustained production of high quality timber products. The residual stand shall consist primarily of healthy and vigorous dominant and codominant trees from the preharvest stand. Trees retained to meet the basal area stocking standards shall be selected from the largest trees available on the project area prior to harvest. In no case shall stocking be reduced below the following standards: 
(A) Where the preharvest dominant and codominant crown canopy is occupied primarily by trees greater than 14 in. dbh: 
[Coast]: 
1. On Site I lands at least 125 sq. ft. per acre of basal area shall be left. 
2. On Site II and III lands at least 100 sq. ft. per acre of basal area shall be left. 
3. On Site IV lands at least 75 sq. ft. per acre of basal area shall be left. 
4. On Site V lands, at least 50 sq. ft. per acre of basal area shall be left. 
[Northern, Southern]: 
1. On Site I mixed conifer lands at least 125 sq. ft. per acre of basal area shall be left, and on Site I land where greater than 50% of the basal area is pine, at least 100 sq. ft. per acre of basal area shall be left. 
2. On Site II mixed conifer lands at least 100 sq.ft. per acre of basal area shall be left, and on Site II lands where greater than 50% of the basal area is pine, at least 75 sq. ft. per acre of basal area shall be left. 
3. On Site III mixed conifer lands at least 75 sq. ft. per acre of basal area shall be left, and on Site III lands where greater than 50% of the basal area is pine, at least 75 sq. ft. per acre of basal area shall be left. 
4. On Site IV and V mixed conifer lands, at least 50 sq. ft. per acre of basal area shall be left, and on Site IV and V lands where greater than 50% of the basal area is pine at least 50 sq. ft. per acre of basal area shall be left. 
(B) Where the preharvest dominant and codominant crown canopy is occupied by trees less than 14 in. dbh, a minimum of 100 trees per acre over 4 in. dbh shall be retained for site I, II, and III. For site IV and V - 75 trees per acre over 4 in. dbh shall be retained. 
(6) The RPF shall, upon submission of the Notice of Exemption, provide the selection criteria for the trees to be removed or the trees to be retained. In the development of these criteria, and the fuel reduction prescriptions, the RPF should consider retaining habitat elements, where feasible, including, but not limited to, ground level cover necessary for the long-term management of local wildlife populations. The selection criteria shall specify how the trees to be removed, or how the trees to be retained, will be designated. All trees to be harvested or all trees to be retained shall be marked or sample marked by, or under the supervision of, an RPF prior to felling operations. Sample marking shall be limited to homogeneous forest stand conditions typical of plantations. When trees are sample marked, the designation prescription for unmarked areas shall be in writing and the sample mark area shall include at least 10% of the harvest area to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area. 
(7) The RPF shall, upon submission of the Notice of Exemption, provide a Confidential Archaeological Letter which contains all the information required for plans and Emergency Notices in 14 CCR § 929.1(c)(2), (7), (8), (9), (10) and (11), [949.1(c)(2), (7), (8), (9), (10) and (11), 969.1(c)(2), (7), (8), (9), (10) and (11)] including site records as required pursuant to 14 CCR §§ 929.1 (g) [949.1(g), 969.1(g)] and 929.5 [949.5 and 969.5]. The Director shall submit a complete copy of the Confidential Archaeological Letter, and two copies of any required archaeological or historical site records, to the appropriate Information Center of the California Historical Resource Information System, within 30 days from the date of Notice of Exemption submittal to the Director. Before submitting the Notice of Exemption to the Director, the RPF shall send a copy of the Notice of Exemption to Native Americans defined in 14 CCR § 895.1. 
(8) Only trees less than 18 inches outside bark stump diameter, measured at eight inches above ground level, may be removed except as follows: 
(A) Within 500 feet of a legally permitted structure that complies with the California Building Code, or in an area prioritized as a shaded fuel break in a community wildfire protection plan approved by a public fire agency, if the goal of fuel reduction cannot be achieved by removing trees less than 18 inches outside bark stump diameter, trees less than 24 inches outside bark stump diameter may be removed if that removal complies with this section. 
(9) Post-harvest stand conditions shall not violate the following canopy closure requirements: 
(A) Minimum post treatment canopy closure of dominant and codominant trees shall be 40 percent for east side pine forest types; 
(B) Minimum post treatment canopy closure of dominant and codominant trees shall be 50 percent for coastal redwood and Douglas-fir forest types within 1/4 mile from approved and legally permitted structures that comply with the California Building Code (legal structure). Such legal structures shall be within or adjacent to a community listed in the “California Fire Alliance list of Communities at Risk” (copyright date 2003 on file in the official rulemaking file and incorporated by reference) and have densities greater than 1 structure per 20 acres; 
(C) Minimum post treatment canopy closure of dominant and codominant trees shall be 50 percent for coastal redwood and Douglas-fir forest types within 500 feet of a legal structures outside the area referenced in 14 CCR § 1038(i)(9)(B);
(D) Minimum post treatment canopy closure of dominant and codominant trees shall be 60 percent for coastal redwood and Douglas-fir forest types outside areas referenced in 14 CCR § 1038 (i)(9)(B) and (C); 
(E) Minimum post treatment canopy closure of dominant and codominant trees shall be 50 percent for mixed conifer and all other forest types. 
(10)(A) This subsection applies to areas described in 14 CCR §1038(i)(8)(A). Surface and ladder fuels in the harvest area, including logging slash and debris, brush, small trees, and deadwood, that could promote the spread of wildfire, shall be treated to achieve standards for vertical spacing between fuels, horizontal spacing between fuels, maximum depth of dead ground surface fuels, and treatment of standing dead fuels, as follows: 

(i) Ladder and surface fuels, excluding residual stand dominant and codominant trees, shall be spaced to achieve a vertical clearance distance	of eight feet or three times the height of the post harvest fuels, whichever is the greater distance, measured from the base of the live crown of the post harvest dominant and codominant trees to the top of the ladder or surface fuels, whichever is taller. 
(ii) Ladder fuels, excluding residual stand dominant and codominant trees, shall be spaced to achieve horizontal clearance distance of two to six times the height of the post harvest fuels measured from the outside branch edges of the fuels. On ground slopes of zero percent to 20 percent horizontal clearance distance shall be two times the height of post harvest fuels; on ground slops of greater than 20 percent to 40 percent horizontal clearance distance shall be four times the height of post harvest fuels; on ground slopes of greater than 40 percent horizontal clearance distance shall be six times the height of post harvest fuels. 
(iii) Dead surface fuel depth shall be less than 9 inches. 
(iv) Standing dead or dying trees and brush shall generally be removed. Such material, along with live vegetation associated with the dead vegetation, may be retained for wildlife habitat when isolated from other vegetation. 
(B) This subsection applies to all other areas outside those described in 14 CCR §1038(i)(8)(A). 
(i) Post treatment stand shall contain no more than 200 trees per acre over 3 inches in dbh, when consistent with 14 CCR §1038(9)(A)-(E). 
(ii) Vertical spacing shall be achieved by treating dead fuels, excluding dead branches on the trees retained for stocking, to a minimum clearance distance of 8 feet measured from the base of the live crown of the post-harvest dominant and codominant trees to the top of the dead surface or ladder fuels, whichever is taller. 
(iii) All logging slash created by the timber operations shall be treated to achieve a maximum post harvest depth of 9 inches above the ground.
(C) The requirements of this subsection shall not supersede the requirements of PRC §4291.
(11) Treatments for fuels shall include chipping, removing, piling, burning or other methods necessary to achieve the standards. Treatments for any portion of the exemption area where timber operations have occurred, except for burning operations, shall be done within 120 days from the start of timber operations on that portion of the exemption area. Burning operations shall be completed by April 1 of the year following surface fuel creation. Treatment of surface fuels by burning shall be exempt from the one year time limitations described under 14 CCR § 1038.1 
(12) Fuel treatments conducted under 14 CCR § 1038(i)(8),(9), (10) and (11) shall be achieved on at least 80 percent of the treated area. 
(13) Timber operations shall comply with the limits established in 14 CCR § 1038, subsections (b) (1) through (10). Timber operations in the Lake Tahoe Region shall comply with the requirements of paragraphs (1) to (16), inclusive of subdivision (f) of Section 1038 of Title 14 of the California Code of Regulations. 
(14) At least one inspection conducted by the Director shall be made after completion of operations. 
(15) 14 CCR § 1038(i) shall expire on January 1, 2013. 
NOTE

Authority cited: Sections 4551, 4553 and 4584, Public Resources Code. Reference: Sections 4516, 4527 and 4584, Public Resources Code; and EPIC v. California Department of Forestry and Fire Protection and Board of Forestry (1996) 43 Cal. App.4th 1011.
HISTORY

1. Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
2. Amendment of subsection (b) filed 10-3-88; operative 11-2-88 (Register 88, No. 41).
3. New subsection (d) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
4. New subsection (e) filed 4-5-93; operative 4-5-93 (Register 93, No. 15).
5. Change without regulatory effect amending subsection (e) filed 4-16-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 16).
6. Subsection (d) repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
7. New subsection (d) filed 10-20-94 as an emergency; operative 10-20-94 (Register 94, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-17-95 or emergency language will be repealed by operation of law on the following day.
8. New subsection (d) including amendment of Note refiled 2-15-95 as an emergency; operative 2-15-95 (Register 95, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-95 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to emergency amendment filed 6-16-95 by operation of Government Code section 11346.1(f) (Register 95, No. 31).
10. Amendment of subsections (b)(3) and (e) and new subsections (d)-(d)(5)(C) filed 7-31-95; operative 7-31-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 31).
11. New subsection (f) filed 12-28-95; operative 12-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 52).
12. Amendment of subsection (f)(13) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
13. Amendment of subsection (b)(10) filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
14. Change without regulatory effect amending subsection (d)(1) filed 9-26-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
15. Amendment of subsections (f) and (f)(12) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
16. Amendment of section and Note filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 7).  
17. Amendment of subsection (f)(15) filed 11-29-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
18. New subsection (g) filed 2-21-2001 as an emergency; operative 2-21-2001 (Register 2001, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-21-2001 or emergency language will be repealed by operation of law on the following day.
19. New subsection (g) refiled 6-18-2001 as an emergency, including further amendments; operative 6-18-2001 (Register 2001, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-16-2001 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 6-18-2001 order, including further amendment of subsections (d) and (g), transmitted to OAL 8-24-2001 and filed 9-25-2001 (Register 2001, No. 39). Pursuant to Public Resources Code section 4551.5, the emergency regulation is repealed effective 9-25-2001; regulatory language adopted in the Certificate of Compliance is operative 1-1-2002.
21. Amendment of first paragraph and new subsections (h)-(h)(2)(C) filed 11-16-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 46).
22. Repealer of subsection (f)(15) filed 11-21-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 47).
23. Amendment of subsection (e) and new subsections (i)-(i)(14) filed 1-7-2005 as an emergency; operative 1-7-2005 (Register 2005, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-9-2005 or emergency language will be repealed by operation of law on the following day.
24. Amendment of subsection (e) and new subsections (i)-(i)(14) refiled 4-25-2005 as an emergency, including amendment of Form RM-73 (1038i) (incorporated by reference) and subsection (i)(3); operative 5-10-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 9-7-2005 or emergency language will be repealed by operation of law on the following day.
25. Amendment of first paragraph, subsections (f), (f)(2)-(4), (f)(7), (f)(9) and (f)(12)-(13) and Note filed 6-21-2005 as an emergency; operative 6-21-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-19-2005 or emergency language will be repealed by operation of law on the following day.
26. Amendment of first paragraph, subsections (f), (f)(2)-(4), (f)(7), (f)(9) and (f)(12)-(13) and Note refiled 10-13-2005 as an emergency; operative 10-13-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-10-2006 or emergency language will be repealed by operation of law on the following day.
27. Reinstatement of section as it existed prior to 4-25-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 45).
28. Amendment of subsection (e) and new subsections (i)-(i)(15) filed 11-9-2005; operative 1-1-2006 (Register 2005, No. 45).
29. Amendment of first paragraph, subsections (f), (f)(2)-(4), (f)(7), (f)(9) and (f)(12)-(13) and Note refiled 2-10-2006 as an emergency; operative 2-10-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-12-2006 or emergency language will be repealed by operation of law on the following day.
30. Reinstatement of section as it existed prior to 2-10-2006 emergency amendment by operation of Government Code section 11346.21(f) (Register 2006, No. 24).
31. Amendment of first paragraph, subsections (f), (f)(2)-(4), (f)(7), (f)(9) and (f)(12)-(13) and Note refiled 6-16-2006 as an emergency; operative 6-16-2006 (Register 2006, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-16-2006 or emergency language will be repealed by operation of law on the following day.
32. Certificate of Compliance as to 6-16-2006 order transmitted to OAL 9-7-2006 and filed 10-11-2006. Further amendments to emergency language effective 1-1-2007 pursuant to Public Resources Code section 4554.5(a) (Register 2006, No. 41).
33. Amendment of subsections (i)(3), (i)(6) and (i)(8)-(i)(8)(A), repealer of former subsection (i)(10), new subsections (i)(10)(A)-(i)(10)(B)(iii) and amendment of subsections (i)(11), (i)(13) and (i)(15) filed 11-13-2007; operative 1-1-2008 (Register 2007, No. 46).
34. Amendment of subsections (i)(9), (i)(10)(A)-(i)(10)(A)(ii) and (i)(10)(B)-(i)(10)(B)(ii) and new subsection (i)(10)(C) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
35. Change without regulatory effect amending subsection (i)(3) filed 2-25-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 9).

View Graphic

View Graphic
§1038.1. Compliance with Act and Rules.
Note     •     History

A person conducting timber operations under any exemption as described in 1038, shall be limited to one year from the date of receipt by the Department, and shall comply with all operational provisions of the Forest Practice Act and District Forest Rules applicable to “Timber Harvest Plan”, “THP”, and “plan”.
In-lieu practices of watercourse and lake protection zones as specified under Article 6 of these rules, exceptions to rules, and alternative practices are not allowed.
NOTE

Authority cited: Sections 4551 and 4584, Public Resources Code. Reference: Sections 4527 and 4584, Public Resources Code.
HISTORY

1. New section filed 10-21-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 43).
2. Amendment filed 7-31-95; operative 7-31-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 31).
3. Amendment of second paragraph filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 7).  
§1038.2. Exemption Form.
Note     •     History

A person submitting an exemption under 14CCR 1038 shall submit to the Director a notice of proposed timber operations, prior to commencement of timber operations, on a form provided by the Department. The form shall contain the following information:
(a) Type of operation to be conducted.
(b) Names, address, and telephone numbers of the timber owner, timberland owners, and timber operator.
(c) Legal description of the location of the timber operation.
(d) A 7 1/2 minute quadrangle map or its equivalent showing the location of the timber operation.
(e) In addition to (a) through (d) above, the following shall be included for exemptions conducted under 14CCR 1038(c);
(1) The tentative commencement date of timber operations.
(2) A certification by the timber operator or timberland owner that the city or county within which the exemption is located has been contacted and the exemption is in conformance with all city or county regulatory requirements.
(3) A notification to the landowner stating the fuel treatment requirements and enforcement procedures under this exemption.
(4) A signature of the landowner certifying that they are the landowner and have read and understand the information on the exemption form.
(5) A larger scale map such as an assessor parcel map showing the location of the timber operation.
(f) In addition to (a) through (c) above, the following shall be included for exemptions conducted under 14 CCR § 1038(i): 
(1) Name, address, telephone and license number of the registered professional forester that prepared and submitted the exemption notice. 
(2) A description of the pre-harvest stand structure and a statement of the post-harvest stand stocking levels. 
(3) A description of the selection criteria for the trees to be removed or the trees to be retained. The selection criteria shall specify how the trees to be removed, or how the trees to be retained, will be designated. 
(4) A certification that the exemption notice has been prepared and submitted by a registered professional forester. 
NOTE

Authority cited: Sections 4551, 4553 and 4584, Public Resources Code. Reference: Sections 4527 and 4584, Public Resources Code.
HISTORY

1. New section filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
2. Renumbering of former section 1038.2 to new section 1038.3 and new section filed 7-31-95; operative 7-31-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 31).
3. Amendment of subsection (e) and new subsections (f)-(f)(4) filed 11-9-2005; operative 1-1-2006 (Register 2005, No. 45).
§1038.3. Agency Exemptions.
Note     •     History

The following types of timber operations are exempt from the provisions of the Z'berg-Nejedly Forest Practice Act, (PRC division 4, part 2, chapter 8--beginning at sec. 4511) but not exempt from the Professional Foresters Law, PRC 750 et. seq.
(a) Timber operations on land managed by the California Department of Parks and Recreation, provided the timber operations have undergone all CEQA evaluation required pursuant to PRC division 13, beginning at section 21000.
(b) Timber operations performed by, or authorized by, federal agencies on private lands where federal easements, either partial interest or in fee, have been acquired, provided such activities are analyzed and conducted pursuant to the National Environmental Policy Act (beginning at 42 U.S.C. 4321) and achieve the same level of protection as provided by the rules of the Board in California Code of Regulations, title 14, division 1.5 (beginning with section 895).
NOTE

Authority cited: Sections 4584 and 4551 Public Resources Code. Reference: Sections 4527 and 4584, Public Resources Code.
HISTORY

1. Renumbering of former section 1038.2 to new section 1038.3 filed 7-31-95; operative 7-31-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 31).
§1039. Amendment.
Note     •     History

Amendments proposing substantial deviation from an original plan shall be submitted to the Director in writing by the person who submitted the original plan, or the successor in interest. Substantial deviations shall not be undertaken until such amendment has been filed and acted upon by the Director in the manner as required in Article 2 of Subchapter 7 of these rules for the original plan.
NOTE

Authority cited: Sections 4551 and 4591, Public Resources Code. Reference: Sections 4591 and 4591.1, Public Resources Code.
HISTORY

1. Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
§1039.1. Effective Period of the Plan.
Note     •     History

The effective period of the plan within the meaning of PRC 4590 and 4591 is the 3-year period following the date the plan is determined to be in conformance or otherwise becomes effective pursuant to PRC 4582.7. Timber operations shall commence no earlier than the expected date of commencement stated in the plan and shall be completed no later than the expected date of completion stated in the plan except under the following conditions:
(a) An amendment to change the completion date stated in a plan has been submitted to the Director at least ten (10) days before the expected date of completion.
(b) An amendment to extend the effective period of a plan beyond three years is submitted in compliance with PRC 4590, which includes a map showing clearly the area pertaining to the request for extension.
Upon receipt of such amendment, the Director shall determine whether the change in date constitutes a substantial deviation of the plan. An extension of time is presumed to be a minor deviation, provided the extension does not lead to practices that constitute a substantial deviation, as defined in Section 1036, 14 CAC. If the Director determines that such change of date constitutes a substantial deviation, then the Director shall, prior to the date to be changed, so notify the person submitting the plan. In this case, an amended plan shall be submitted and no timber operations shall be conducted pursuant to such proposed change until such amendment is found in conformance with PRC 4582.7.
NOTE

Authority cited: Sections 4551, 4553, 4590 and 4591, Public Resources Code. Reference: Sections 4582.7, 4590, 4591 and 4591.1, Public Resources Code.
HISTORY

1. Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
2. Amendment filed 8-19-86; effective thirtieth day thereafter (Register 86, No. 34).
§1040. Report Minor Deviations.
Note     •     History

Minor deviations may be undertaken by the person who submitted the plan without submission of an amendment to the plan and shall be reported immediately in writing to the Director.
Actions described in 14 CCR 895.1 which are normally presumed to be substantial deviations may, in a given instance, be minor deviations. Actions listed as substantial deviations in 14 CCR 895.1 but considered to be minor by the submitter, may be undertaken only if the person who submitted the plan submits the proposed deviation in writing to the Director for review and receives approval. Approval shall be given if the Director determines that the proposed minor deviation conforms to the standards provided in 14 CCR 895.1. The Director shall have 5 working days to act on the application. If the Director or the Director's representative does not act within 5 working days of receipt of such a deviation, timber operations may commence pursuant to such amendment.
NOTE

Authority cited: Section 4591.1, Public Resources Code. Reference: Sections 4583.2 and 4591.1, Public Resources Code.
HISTORY

1. Amendment filed 6-26-78 as an emergency; designated effective 7-6-78. Certificate of Compliance included. Issuing agency: Board of Forestry (Register 78, No. 28).
2. Amendment filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§1041. Limitations.

A plan shall be limited to an area with reasonably similar timber, geology, soil, topography, climate, and stream characteristics that would constitute a logical harvesting unit. A plan should be limited to that area on which timber operations normally will be completed in one 12-month period, but in no case shall it extend beyond 36 months after the plan is determined to be in conformance or otherwise becomes effective under PRC 4582.7. Plans shall be limited to lands within a particular forest district.
§1042. Change of Ownership.
Note     •     History

Any change in ownership of land or timber must be reported to the Director if such a change occurs after a plan is filed but before a report of satisfactory completion of stocking is issued by the Director. It shall be the responsibility of the timber owner and/or timberland owner listed in the plan to notify the Director of the change of either ownership. Also, before the passage of title, it shall be the responsibility of the seller to notify the purchaser of either the timber or timberland of their responsibility for compliance with the stocking standards of the Act and the rules of the Board of Forestry.
After a plan is found in conformance with the rules and regulations of the Board, the Director may file a Notice of Stocking Requirements on the property with the recorder of the county within which the plan is located. When a report of satisfactory stocking is issued by the Director, a Notice of Compliance will be sent to the timberland owner.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4588 and 4608, Public Resources Code.
HISTORY

1. Amendment filed 8-28-84; effective thirtieth day thereafter (Register 84, No. 35).
§1043. Cancellation of Plans.

All parties, who submitted plan or their successors, must sign the request to the Director for cancellation of a plan. Once cutting has commenced, the plan may not be cancelled except as to lands not harvested.
§1044. Regulations to Take Effect. [Repealed]
History

HISTORY

1. Repealer filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§1045. Director Delegation.
Note     •     History

In order to expeditiously process plans, the Director may make such delegations deemed to be fit to employees of the Department, qualified as RPFs pursuant to Article 3 of Chapter 2.5 of Division 1 of the Public Resources Code (commencing with Section 750). 
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
HISTORY

1. Amendment of section and new Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§1050. Erosion Control Maintenance.
Note     •     History

(a) Where necessary to minimize soil erosion or slope instability or to prevent degradation of the quality and beneficial uses of water, the department may require that erosion controls be maintained prior to the beginning of a winter period and prior to filing of a work completion report.
(b) The Director may deem completion report as described in PRC 4585 to have been filed upon the date of receipt if the department finds that all erosion controls have been constructed and maintained in compliance with the Forest Practice Rules upon the first inspection after receipt of the completion report. Otherwise, the Director shall accept a work completion report for filing only after the department finds that all erosion controls have been constructed in compliance with the Forest Practice Rules. 
(c) The LTO is responsible for proper construction, inspection and maintenance of erosion control during the prescribed maintenance period until the work completion report as described in PRC 4585 is approved by the Director. The landowner is responsible for inspection and any needed repair and maintenance of erosion controls during the remainder of the prescribed maintenance period. Responsibility for erosion control maintenance may be assumed at an earlier date by the landowner or can be delegated to a third party, provided that the assuming party acknowledges such responsibility in writing to the Director. 
(d) Upon approving a work completion report, the Director may prescribe a maintenance period which extends for as much as three years after filing the work completion report based on physical evidence (such as location of erosion controls in disturbed areas with high or extreme erosion hazard, on steep or unstable slopes, or within or adjacent to the standard width of a water course or lake protection zone) that erosion controls need to be maintained for the extended maintenance period in order to minimize soil erosion or slope instability or to prevent degradation of the quality and beneficial uses of water. 
(e) After approving the work completion report, the Director may extend the prescribed maintenance period for as much as three years after filing of the work completion report if subsequent inspections by the department during the prescribed maintenance period show that erosion controls have failed or are likely to fail to minimize soil erosion or slope instability or to prevent degradation of the quality and beneficial uses of water. 
NOTE

Authority cited: Sections 4551, 4551.5, 4562.9, 4584 and 4585, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4562.7, 4562.9, 4584 and 4585, Public Resources Code. 
HISTORY

1. New section filed 12-20-89; operative 2-1-90 (Register 90, No. 3). For prior history, see Registers 89, No. 19 and 81, No. 1. 
§1051. Modified Timber Harvest Plan.
Note     •     History

(a) On an ownership of 100 acres or less of timberland, a modified timber harvest plan may be filed by a plan submitter, providing that the following conditions and mitigations are met:
(1) No more than 70% of any existing tree canopy layer is to be harvested on parcels 40 acres or less, and not more than 50% on parcels 41-100 acres. The canopy retained shall be well distributed over the harvest area. Not more than 10% of the THP area shall be harvested under the rehabilitation method. A sample area must be marked before submission of the THP. The sample area shall include at least 10% of the area which is representative of the range of conditions present in the area.
(2) Clearcutting and shelterwood removal, as defined in 14 CCR 913.1(b) and (d) [933.1(b) and (d), and 953.1(b) and (d)] shall not be used, except for legally deeded right-of-ways or easements for utility purposes which are documented in the plan by the RPF by reference to specific deeds or surveys.
(3) Stocking standards, specific to the silvicultural method selected must be met immediately after harvesting operations are completed.
(4) No heavy equipment operations on slopes greater than 50%, or on areas with high or extreme erosion hazard ratings.
(5) No construction of new skid trails on slopes over 40%.
(6) No timber operations in Special Treatment Areas Except log hauling on existing roads not requiring reconstruction.
(7) No timber operations on slides or unstable areas.
(8) New road construction is confined to 600 feet and a 1,000 foot limit total of road construction and reconstruction combined.
(9) No heavy equipment operations within a watercourse or lake protection zone, meadows, or wet areas, except for maintenance of existing roads, drainage facilities or structures.
(10) No listed species will be directly or indirectly adversely impacted by proposed timber operations. For timber operations which potentially could adversely affect a listed species or the habitat of the species, the consultation process with DFG pursuant to Fish and Game Code 2090 or 2091 shall be completed before the THP is approved.
(11) Timber harvesting is only allowed in the WLPZ if: 1) sanitation-salvage harvesting is the only silvicultural system to be used in the WLPZ and it must be in compliance with 14 CCR 916.4 [936.4, 956.4] (b); or 2) if harvesting removes no more than 30% of any existing canopy layer. Harvesting under 2) above shall not occur again in the WLPZ for a 10-year period following completion of the THP.
(12) No timber operations within potentially significant archaeological sites.
(13) No alternatives, exceptions, or in-lieu practices allowed for watercourse or lake protection measures, standard road and landing widths, or erosion control measures, except for use of existing roads within WLPZ after compliance with examination, evaluation, and mitigation(s) per 14 CCR 916.4(a) [936.4(a), 956.4(a)].
(14) Winter timber operations except as conditioned by the Director to avoid potential significant cumulative impacts shall be in accordance with 14 CCR 914.7 (a) and (b) [934.7(a) and (b), 954.7(a) and (b)].
(15) Harvesting will not reduce the amount of the timberland occupied by late succession forest stands currently greater than or equal to 5 acres in size.
(16) In addition to (1) - (15) all other rules of the Board shall apply to operations specified in this section.
NOTE

Authority cited: Sections 4551, 4551.5, 4593, 21082 and 21086, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552, 4593, 21082, 21084 and 21086, Public Resources Code; and 15300, 15300.3, 15300.4 and 15304, Title 14, California Code of Regulations (CCR).
HISTORY

1. New section filed 7-6-93; operative 7-6-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 28). For prior history, see Register 81, No. 1.
2. Expired by its own terms on 7-6-94 (Register 95, No. 17).
3. New section filed 4-28-95; operative 4-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 17).
4. Amendment of subsections (a)(12)-(13) and amendment of Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§1051.1. Contents of Modified THP.
Note     •     History

A plan submitted under section 1051 above shall contain all the provisions of 14 CCR 1034 except the following: (o), (x)(7), (z), (cc), (dd), (ee), and the RPF shall:
(a) Identify and map those areas currently understocked and not to be harvested that are at least 3 acres in size.
(b) Use a topographic map base with a minimum scale of 1:12,000.
(c) Certify in the THP that the conditions or facts stated in items 1-16 above exist on the THP area at the time of submission, and that the preparation, mitigation, and analysis of the THP and no identified potential significant effects remain undisclosed.
(d) Certify that a meeting will be held at the THP site before timber operations commence with the RPF responsible for the plan or supervised designee and the licensed timber operator who will be operating on the THP where the contents and implementation of the plan have been reviewed and discussed.
Operations pursuant to this section shall use an alternative to the cumulative impacts assessment specified in 14 CCR 898, 912.9 [932.9, 952.9], and Technical Rule Addendum No.2. Operations conducted according to this section are presumed to be unlikely to cause a significant adverse impact to the environment due to the specific restrictive mitigations required in (1) - (15) above.
This presumption of unlikely impacts shall not apply to MTHPs for which: 1) the Director determines it does not meet the criteria of subsection 1051(a), or 2) the Director determines in consultation with trustee or responsible agencies, or upon review of public comments that a fair argument exists that significant individual or cumulative impacts will result from timber operations. Where issues (a fair argument) are raised the RPF shall complete the appropriate portion of Technical Rule Addendum No. 2 and submit that information for the Director's review.
NOTE

Authority cited: Sections 4551, 4551.5, 4593, 21082 and 21086, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552, 4593, 21082, 21084 and 21086, Public Resources Code; and 15300, 15300.3, 15300.4 and 15304, Title 14, California Code of Regulations (CCR).
HISTORY

1. New section filed 7-6-93; operative 7-6-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 28).
2. Expired by its own terms on 7-6-94 (Register 95, No. 17).
3. New section filed 4-28-95; operative 4-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 17).
4. Amendment of subsection (d) and amendment of Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§1051.2. Review of Modified THP.
Note     •     History

The Director shall require a preharvest inspection of modified timber harvest plans when substantial question by Review Team members exist on plan contents or environmental impacts, and where winter operations are proposed according to 914.7 (a) and (b) [934.7(a) and (b), 954.7 (a) and (b)].
NOTE

Authority cited: Sections 4551, 4551.5, 4593, 21082 and 21086, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552, 4593, 21082, 21084 and 21086, Public Resources Code; and 15300, 15300.3, 15300.4 and 15304, California Administrative Code (CAC).
HISTORY

1. New section filed 7-6-93; operative 7-6-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 28).
2. Expired by its own terms on 7-6-94 (Register 95, No. 17).
3. New section filed 4-28-95; operative 4-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 17).
§1051.3. Modified THP for Fuel Hazard Reduction.
Note     •     History

The purpose of 14 CCR §§1051.3-1051.7 is to encourage forest landowners to consistently manage vegetation to create fire resilient conditions, and reduce the threat, and potentially deleterious effects of unmanaged fire. These fire resilient conditions are to be achieved through the prescribed reduction and spatial rearrangement of surface and ladder fuels as well as thinning to reduce stocking levels and increase vertical and horizontal spacing between standing stems. Operations pursuant to 14 CCR §§1051.3-1051.7 are expected to result in project area conditions that reduce the rate of fire spread, duration and intensity of a fire, fuel ignitability, and ignition of tree crowns. 
14 CCR §§1051.3-1051.7 provides for the utilization of intermediate treatments and special prescriptions, and is not intended to support even-aged or uneven-aged regeneration methods. Surface and ladder fuel reduction is the primary focus of 14 CCR §§1051.3-1051.7 rather than overstory removal of dominant and codominant trees. 
In addition to the standards prescribed in 14 CCR §§1051.3-1051.7, all other rules of the Board adopted pursuant to the Administrative Procedures Act and applicable to Timber Harvesting Plans shall likewise apply to operations conducted under a Modified THP for Fuel Hazard Reduction. 
NOTE

Authority cited: Sections 4551, 4551.5 and 4593, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552 and 4593, Public Resources Code. 
HISTORY

1. New section filed 8-3-2011; operative 1-1-2012 pursuant to Public Resources Code section 4554.5 (Register 2011, No. 31). For prior history, see Register 97, No. 41.
§1051.4. Modified THP for Fuel Hazard Reduction Conditions and Mitigations.
Note     •     History

(a) A Modified THP for Fuel Hazard Reduction (hereafter also referred to as “MTHP-FHR”) may be filed by a plan submitter for a project area not to exceed 2,500 acres, providing that the following conditions and mitigations are met: 
(1) An average of at least 40% of the existing overstory tree canopy shall be retained. The canopy retained shall be well distributed over the harvest area. 
(2) Prescribed fuel hazard reduction to promote project area resiliency to wildfire is recognized as an intermediate treatment rather than a regeneration method. Therefore, clearcutting as defined in 14 CCR §§913.1(a), 933.1(a), 953.1(a) and §§913.2(a), 933.2(a), and 953.2(a) shall not be used, except for legally permitted utility corridors or road construction. Silvicultural methods that may be used are commercial thinning pursuant to 14 CCR §§913.3(a), 933.3(a), 953.3(a), rehabilitation as constrained by 14 CCR §§1051.3-1051.7 and pursuant to 14 CCR §§913.4(b), 933.4(b), 953.4(b), and fuelbreak/defensible space pursuant to 14 CCR §§913.4(c), 933.4(c), 953.4(c). 
(3) Stocking standards, specific to the silvicultural method selected, must be met immediately after harvesting operations are completed, except as explained and justified for specific instances where the rehabilitation method is proposed and will result in post-harvest stands that cannot meet stocking standards. 
(4) The rehabilitation method may be used where understocked areas such as brushfields have been identified for treatment in a federal, state, or local fire plan document for the purpose of reducing fire risk to a public asset including, but not limited to, transportation corridors and utilities, or is adjacent to a community listed in the “California Fire Alliance List of Communities at Risk” (available at http://www.cafirealliance.org/communities_at_risk/communities_at_risk_list). Not more than 10% of the MTHP-FHR area, not to exceed 250 acres, may be harvested under the rehabilitation method, when explained and justified by the RPF and approved by the Director. 
(5) No operations shall occur in areas having average slopes greater than 50% based upon sample areas that are 20 acres in size, and no tractor operations in areas with high or extreme erosion hazard ratings. 
(6) No construction of new skid trails shall occur on slopes over 40%. 
(7) The following operations may occur in Special Treatment Areas: log hauling on existing roads not requiring reconstruction, and other operations as approved by the Director where such operations are consistent with the intent and purpose of the Special Treatment Area. 
(8) No timber operations shall occur on slide areas or unstable areas. 
(9) Timber harvesting in a Class II WLPZ for a watercourse that is dry by July 15 of any year may be proposed by the RPF and approved by the Director. When proposed, the RPF shall explain and justify the treatment, and provide a written analysis of the potential for significant adverse effects to the Class II WLPZ that could result from the proposed operations. The focus of Class II WLPZ treatments shall be removal of surface and ladder fuels, and no less than 70% of the existing overstory canopy layer shall be retained. Unless explained and justified, retention of the overstory canopy layer shall be accomplished by leaving the existing larger dominant and codominant trees. 
(A) No tractor operations shall occur within a Class II WLPZ, meadows, or wet areas, except where the Director determines that the threat of catastrophic wildfire is sufficient to justify the necessity of operations, or for maintenance of existing roads, drainage facilities or structures. Where the Director has made such a determination, operations may only occur where the Erosion Hazard Rating (EHR) pursuant to 14 CCR §§912.5, 932.5, 952.5 is Moderate or less and slopes are no greater than 30%, 
(B) Tree removal by end-lining or other low-impact tree removal methods shall be permitted in the standard width of a Class II WLPZ provided that the plan contains a description of specific mitigation measures designed to minimize disruption of the soil surface, soil compaction, and damage to residual vegetation. Low-impact tree removal techniques include, but are not limited to, the use of low-ground pressure logging equipment. 
(C) The use of existing roads within a Class II WLPZ may be approved by the Director after compliance with the requirements for examination, evaluation, and mitigation(s) per 14 CCR §§916.4(a), 936.4(a), 956.4(a). 
(10) No listed species will be directly or indirectly adversely impacted by proposed timber operations. Except as modified herein, all other habitat protection and retention requirements identified in Articles 6 and 9 of the Forest Practice Rules shall apply. Where the Director has determined that timber operations as proposed are likely to adversely affect a state listed species or its habitat, the consultation process with DFG pursuant to California Fish & Game Code §2081 shall be completed before the MTHP-FHR may be approved. 
(11) As part of the pre-harvest project design, the RPF shall evaluate and incorporate habitat requirements for fish, wildlife, and plant species in accordance with the “Joint Policy on Hardwoods” between the California Board of Forestry and Fire Protection and the California Fish and Game Commission” (rev. April 1999), herein incorporated by reference, and 14 CCR §§916.9, 936.9, 956.9 and §§919, 939, and 959. Such evaluations shall include use of the California Natural Diversity Database maintained by DFG (available at http://www.dfg.ca.gov/biogeodata/cnddb/) and local review agency knowledge of the planning watershed. Consultation with DFG personnel is recommended. In general, fuels management strategies should recognize that habitat heterogeneity and fire resiliency are not mutually exclusive. Habitats and habitat elements may include key winter range or migration routes, late successional stands, hardwood or aspen groves, riparian or wetland areas, snags, large down woody material, or den trees. 
(A) Harvesting will not reduce the amount of timberland occupied by late succession forest stands. 
(B) Where present prior to operations, the following habitat elements shall be retained as an average across the project area: 
1. A minimum of 2 large live cull (green) conifer trees 24” dbh or larger per acre; 
2. A minimum of two hardwood trees 24” dbh or larger per acre; 
3. A minimum of two downed logs 20” diameter outside bark as measured at the midpoint of the total length of the log or larger per acre; and 
4.  2% shall be left as untreated habitat retention surrounding or in direct proximity to the habitat elements identified in 1, 2, and 3 above.
(12) No heavy equipment operations shall occur within potentially significant archaeological sites identified pursuant to the criteria for a significant archaeological or historical site listed in 14 CCR §895.1. Directional felling and tree removal by end lining may be approved upon the Director's determination that such operations will not adversely affect an identified archaeological site. 
(13) Winter timber operations, except as conditioned by the Director to avoid potential significant cumulative impacts, shall be in accordance with 14 CCR §§914.7 (a) and (b), 934.7 (a) and (b), and 954.7(a) and (b). 
NOTE

Authority cited: Sections 4551, 4551.5 and 4593, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552 and 4593, Public Resources Code. 
HISTORY

1. New section filed 8-3-2011; operative 1-1-2012 pursuant to Public Resources Code section 4554.5 (Register 2011, No. 31).
§1051.5. Contents of Modified THP for Fuel Hazard Reduction.
Note     •     History

A plan submitted under section 14 CCR §1051.3 above shall contain all the provisions of 14 CCR §1034 except 14 CCR §1034 (z) and the RPF shall: 
(a) Use a topographic map base with a minimum scale of 1:12,000. 
(b) Certify in the MTHP-FHR that the conditions or facts stated in items 14 CCR §1051.4 (a) (1)-(13) above exist on the MTHP-FHR area at the time of submission, and that in the preparation, mitigation, and analysis of the MTHP-FHR document, no identified potential significant effects remain undisclosed. 
(c) Certify that a meeting will be held at the MTHP-FHR site before timber operations commence with the RPF responsible for the plan, or supervised designee, and the licensed timber operator who will be operating on the MTHP-FHR area where the contents and implementation of the plan have been reviewed and discussed. 
(d) Certify in writing that in developing the MTHP-FHR, the RPF has completed a cumulative impacts assessment as specified in 14 CCR §898 and Technical Rule Addendum No. 2, 14 CCR §§912.9, 932.9, 952.9. Operations conducted pursuant to this section are presumed to be unlikely to cause a significant adverse impact to the environment due to the specific restrictive mitigations required in 14 CCR §1051.4 (a)(1)-(13) above. This presumption of unlikely impacts shall not apply to MTHP-FHR for which: 1) the Director determines it does not meet the criteria of subsection 14 CCR §1051.4(a), or 2) the Director determines in consultation with trustee or responsible agencies, or upon review of public comments that a fair argument exists that significant individual or cumulative impacts will result from timber operations. Where a fair argument is raised, the RPF shall complete the appropriate corresponding portion of Technical Rule Addendum No. 2, 14 CCR §§912.9, 932.9, 952.9 and submit that information for the Director's review. 
(e) Develop and document the vegetation treatments necessary to meet the objectives of fuel hazard reduction and increased resiliency to wildfire within the project area. The RPF shall utilize contemporary sources of technical information in the development of fuel treatment prescriptions. Prescriptions shall increase landscape heterogeneity, reduce surface and ladder fuels, and maintain or increase residual quadratic mean diameter. The RPF should be aware of the importance of topography and slope position in the designation of treatment areas. Within stands, important topographic features include sinks, areas susceptible to cold air drainage, and moist microsites. Documentation prepared by the RPF shall include, but not be limited to: 
(1) A description of the assets at risk to catastrophic wildfire that are to be protected through the fuel treatments proposed. As feasible and appropriate, the RPF shall attempt to coordinate the objectives of the MTHP-FHR with larger-scale, federal, state, and local strategic fuel treatment and fire prevention plans, including but not limited to the “2010 Strategic Fire Plan for California” (rev. June 2010, available at http://www.bof.fire.ca.gov/board_committees/resource_protection_ committee/current_projects/resources/strategicfireplan_ june2010_06-04_photos.pdf), herein incorporated by reference. 
(2) A description of pre-harvest stand structure and stocking levels and silvicultural prescription for achieving the desired post-harvest stand structure and stocking levels. 
(3) A description of the timeline, methods and standards for treatment of pre-existing surface and ladder fuels as well as logging slash created by timber operations. The description shall include discussion of the performance standard to be achieved and the methods by which compliance with that performance standard may be verified. The description shall include, but not be limited to, the United States Forest Service “Natural Fuels Photo Series” (rev. April 2011, available at http://www.fs.fed.us/pnw/fera/publications/photo_series_pubs.shtml), incorporated by reference herein, and, in particular, photo series “General Technical Report (GTR) PNW-51 (rev.1976), PNW-52 (rev. 1976), PNW-56 (rev. 1981), and PNW-95” (rev. 1979) incorporated by reference herein, for visual demonstration of pre and post-treatment stand conditions in this description (copies of all four General Technical Reports are available upon request from the Board of Forestry and Fire Protection located at 1416 9th Street, Room 1506-14, Sacramento, California). 
(A) While surface and ladder fuel treatment standards will vary based upon site specific conditions, post-treatment total surface fuel loading shall not exceed an average of 25 bone dry tons per acre. 
(4) A plan for pre and post-treatment photo point monitoring for the purpose of characterizing the project treatment effects. All photo points shall be mapped and designated on the ground by stake, post, or other equivalent semi-permanent methods. Post-treatment photo point monitoring shall occur prior to expiration of the MTHP-FHR. Post-treatment photos shall be included with the submission of a final report of stocking and work completion. 
NOTE

Authority cited: Sections 4551, 4551.5 and 4593, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552 and 4593, Public Resources Code. 
HISTORY

1. New section filed 8-3-2011; operative 1-1-2012 pursuant to Public Resources Code section 4554.5 (Register 2011, No. 31).
§1051.6. Review of Modified THP for Project Area Fuel Hazard Reduction.
Note     •     History

The Director may require a pre-harvest inspection of a MTHP-FHR when Review Team members identify questions specific to a resource concern pursuant to 14 CCR §1037.5(g). 
NOTE

Authority cited: Sections 4551, 4551.5 and 4593, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552 and 4593, Public Resources Code. 
HISTORY

1. New section filed 8-3-2011; operative 1-1-2012 pursuant to Public Resources Code section 4554.5 (Register 2011, No. 31).
§1051.7. Evaluation of Regulations.
Note     •     History

14 CCR §§1051.3-1051.7 shall be subject to review by the Board no later than five years from the effective date. Prior to this review, the Board in consultation with the Director shall convene a panel of technical experts to evaluate the efficacy of 14 CCR §§1051.3-1051.7 and report their findings. The Department shall report to the Board at least once annually on the use and effectiveness of 14 CCR §§1051.3-1051.7 for as long as these rule sections remain effective. 
NOTE

Authority cited: Sections 4551, 4551.5 and 4593, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552 and 4593, Public Resources Code. 
HISTORY

1. New section filed 8-3-2011; operative 1-1-2012 pursuant to Public Resources Code section 4554.5 (Register 2011, No. 31).
§1052. Emergency Notice.
Note     •     History

(a) Before cutting or removing timber on an emergency basis, an RPF on behalf of a timber owner or operator shall submit a Notice of Emergency Timber Operations to the Director on form RM-67 (1/1/10), form RM-65 (1052.4) (1/1/10) for a Fuel Hazard Reduction emergency, or form RM-66 (1052.5) (2/1/11) for a Sudden Oak Death emergency, incorporated by reference herein, as prescribed by the Director. The notice shall include, but not be limited to, the following:
(1) Names and addresses of all timberland owner(s), timber owner(s), and timber operator(s) for the area on which timber will be cut or removed.
(2) A description of the specific conditions that constitute the emergency, its cause, extent and reason for immediate commencement of timber operations.
(3) Legal description of the area from which timber will be cut or removed.
(4) A titled USGS (if available) or equivalent topographic map(s) of scale not less than 2” to the mile, or larger scale, showing the area from which timber will be cut or removed, the legal description, roads and Class I, II, III and IV watercourses, and yarding systems if more than one will be used.
(5) Yarding system to be used.
(6) The expected dates of commencement and completion of timber operations.
(7) A declaration by the RPF, made under penalty of perjury, that a bona fide emergency exists which requires emergency timber operations.
(8) A declaration by the timber owner, made under penalty of perjury, that any applicable timber yield taxes will be paid pursuant to Section 38115 of the Revenue and Taxation Code.
(9) Name, address, license number, and signature of the RPF who prepares the notice and submits it to the Director on behalf of the timber owner or operator. 
(10) For Emergency Notices covering three acres or more in size, the RPF shall include a Confidential Archaeological Letter with the Emergency Notice submitted to the Director. The Confidential Archaeological Letter shall include all information required by 14 CCR §929.1 [949.1, 969.1](c)(2), (7), (8), (9), (10) and (11), including site records, if required pursuant to 14 CCR §929.1 [949.1, 969.1](g) and 929.5. The Director shall also submit a complete copy of the Confidential Archaeological Letter and two copies of any required archaeological or historical site records, to the appropriate Information Center of the California Historical Resource Information System within 30 days from the date of Emergency Notice submittal to the Director. Prior to submitting the emergency notice to the Director the RPF shall send a copy of the emergency notice to Native Americans as defined in 14 CCR §895.1.
(A) For projects filing an emergency notice for fuel hazard reduction under 14 CCR § 1052.4, archaeology requirements shall be conducted by a person possessing current certification pursuant to 14 CCR § 929.4[949.4, 969.4].
(b) Timber operations pursuant to an emergency notice shall comply with the rules and regulations of the Board. A person conducting timber operations under an Emergency Notice shall comply with all operational provisions of the Forest Practice Act and District Forest Practice Rules applicable to “Timber Harvest Plan”, “THP”, and “plan”.
(c) In-lieu practices for watercourse and lake protection zones as specified under Article 6 of the rules, exceptions to rules, and alternative practices are not allowed unless necessary to protect public health and safety.
(d) Timber operations pursuant to an Emergency Notice may not commence for five working days, 15 days for a fuel hazard emergency per 14 CCR §§  1052.1(e) and 1052.4, from the date of the Director's receipt of the Emergency Notice unless such waiting period is waived by the Director. The Director shall determine whether the emergency notice is complete. If it is found to be complete the Director shall send a copy of a notice of acceptance to the timberland owner. If the Emergency Notice is not complete it shall be returned to the submitter. If the Director does not act within five working days, 15 days for a fuel hazard emergency per 14 CCR §§ 1052.1(e) and 1052.4, of receipt of the Emergency Notice, timber operations may commence.
(e) Timber operations shall not continue beyond 1 year from the date the Emergency Notice is accepted by the Director unless a plan is submitted to the Director and found to be in conformance with the rules and regulations of the Board, except for burning operations to treat fuels in accordance with § 1052.4(d)(6) which shall be completed by April 1 of the year following fuel creation.
NOTE

Authority cited: Sections 4551, 4552, 4554.5 and 4555, Public Resources Code. Reference: Sections 4592, 4750, 4750.3 and 4750.4, Public Resources Code.
HISTORY

1. Repealer of Section 1052 and renumbering and amendment of Section 1051 to Section 1052 filed 1-2-81; effective thirtieth day thereafter (Register 81, No. 1). 
2. Amendment of subsection (d) filed 8-7-95; operative 8-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 32).
3. Amendment of subsection (g) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
4. New subsection (h) filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
5. Amendment of subsection (h) and amendment of Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
6. Amendment filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 7).  
7. Amendment of subsection (a)(10) filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
8. Amendment of subsection (a), new subsection (a)(10)(A) and amendment of subsections (d) and (e) filed 6-25-2004 as an emergency; operative 6-25-2004 (Register 2004, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (a), new subsection (a)(10)(A) and amendment of subsections (d) and (e) refiled with further amendment of subsection (a) 10-12-2004 as an emergency; operative 10-26-2004 (Register 2004, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-23-2004 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (a), new subsection (a)(10)(A) and amendment of subsections (d) and (e) refiled with further amendment of subsections (a) and (e) 2-22-2005 as an emergency; operative 2-24-2005 (Register 2005, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-24-2005 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 2-22-2005 order transmitted to OAL 6-23-2005 and filed 8-5-2005. Amendments to emergency language effective 1-1-2006 pursuant to Public Resources Code section 4554.5(a) (Register 2005, No. 31). 
12. Amendment of subsection (a) filed 7-9-2007 as an emergency; operative 7-9-2007 (Register 2007, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-7-2008 or emergency language will be repealed by operation of law on the following day.
13. Amendment of section heading and subsection (a) and repealer of subsection (f) filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
14. Change without regulatory effect amending subsection (a) filed 2-25-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 9).
15. Amendment of subsection (e) filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
16. Change without regulatory effect amending subsection (a) and amending forms RM-65 and RM-67 (incorporated by reference) filed 2-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 9).
17. Change without regulatory effect amending section heading and removing pre-2006 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17).
18. Repeal of 7-9-2007 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 6).
19. Amendment of subsection (a) and Note filed 2-7-2011 as an emergency; operative 2-7-2011 (Register 2011, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2011 or emergency language will be repealed by operation of law on the following day.
20. Editorial correction of History 19 (Register 2011, No. 20). 
21. Amendment of subsection (a) and Note refiled 8-8-2011 as an emergency; operative 8-8-2011 (Register 2011, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2011 or emergency language will be repealed by operation of law on the following day.
§1052.1. Emergency Conditions.
Note     •     History

The following are conditions that constitute an emergency pursuant to 14 CCR §895.1:
(a) Trees that are dead or dying as a result of insects, disease, parasites, or animal damage.
(b) Trees that are fallen, damaged, dead or dying as a result of wind, snow, freezing weather, fire, flood, landslide or earthquake. 
(c) Trees that are dead or dying as a result of air or water pollution.
(d) Cutting or removing trees required for emergency construction or repair of roads.
(e) Where high, very high or extreme fuel hazard conditions, the combination of combustible fuel quantity, type, condition, configuration and terrain positioning, pose a significant fire threat on private timberlands. Cutting and removal of hazardous fuels, including trees, shrubs and other woody material, is needed to eliminate the vertical and horizontal continuity of understory fuels, surface fuels, and/or crown fuels, for the purpose of reducing the rate of fire spread, fire duration and intensity, and fuel ignitability.
(f) An isolated infestation of Sudden Oak Death (caused by Phytophthora ramorum), in the locations listed below, where such treatments are intended to eradicate the infestation or significantly slow the spread of the disease. For the purpose of this rule an isolated infestation is: 
(1) an infestation located in a planning watershed where SOD had not previously been noted; or
(2) an infestation located in a planning watershed that is greater than 1 mile from a known SOD infestation; or
(3) a new infestation within a planning watershed where all known previous SOD infestations within the ownership have been or will be subject to control or eradication efforts; or
(4) a location where landowners seek to contain an infestation, even though some landowners have not made proactive efforts within a planning watershed, and the Department's Pest Specialist determines that control efforts may be effective. 
(5) An isolated infestation is limited to locations in the Coast Forest District (14 CCR §907), and counties of Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Mateo, San Luis Obispo, Santa Clara, Santa Cruz, Solano, and Sonoma. 
The following are conditions that constitute a financial emergency as defined in 14 CCR § 895.1:
Potential financial loss of timber previously inoperable or unmerchantable due to one or more of the following factors: access, location, condition, or timber volume that has unexpectedly become feasible to harvest provided that the harvest opportunity will not be economically feasible for more than 1 year and provided that such operations meet the conditions specified in 14 CCR §1038(b)(1)-(10) and meet minimum stocking requirements at the completion of timber operations.
NOTE

Authority cited: Sections 4551, 4552, 4554.5 and 4555, Public Resources Code. Reference: Sections 4592, 4750, 4750.3 and 4750.4, Public Resources Code.
HISTORY

1. New Section filed 1-2-81; effective thirtieth day thereafter (Register 81, No. 1).
2. Amendment of last paragraph filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
3. Amendment of first paragraph and subsection (d) filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 7).  
4. New subsection (e) filed 6-25-2004 as an emergency; operative 6-25-2004 (Register 2004, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
5. New subsection (e) refiled 10-12-2004 as an emergency; operative 10-26-2004 (Register 2004, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-23-2004 or emergency language will be repealed by operation of law on the following day.
6. New subsection (e) refiled 2-22-2005 as an emergency; operative 2-24-2005 (Register 2005, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-24-2005 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-22-2005 order transmitted to OAL 6-23-2005 and filed 8-5-2005. Amendments to emergency language effective 1-1-2006 pursuant to Public Resources Code section 4554.5(a) (Register 2005, No. 31). 
8. New subsection (f) filed 7-9-2007 as an emergency; operative 7-9-2007 (Register 2007, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-7-2008 or emergency language will be repealed by operation of law on the following day.
9. Amendment of section heading and subsection (e) filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
10. Amendment of last paragraph filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
11. Change without regulatory effect amending section heading and removing pre-2006 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17).
12. Repeal of 7-9-2007 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 6).
13. Amendment of first paragraph, new subsections (f)-(f)(5) and amendment of Note filed 2-7-2011 as an emergency; operative 2-7-2011 (Register 2011, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2011 or emergency language will be repealed by operation of law on the following day.
14. Editorial correction of History 13 (Register 2011, No. 20). 
15. Amendment of first paragraph, new subsections (f)-(f)(5) and amendment of Note refiled 8-8-2011 as an emergency; operative 8-8-2011 (Register 2011, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2011 or emergency language will be repealed by operation of law on the following day.
§1052.2. Emergency Substantiated by RPF.
Note     •     History

The RPF preparing the Notice of Emergency Timber Operations shall describe the nature of the emergency and the need for immediate cutting in sufficient detail so that the reason for the emergency is clear. An emergency is presumed to exist where:
(a) Trees or vegetation have been confirmed to be infected with the pathogen that causes Sudden Oak Death through testing by a lab certified by the United States Department of Agriculture, and the RPF has determined that the pathogen is likely to spread to adjacent trees or vegetation, or
(b) Tree killing insects have killed and are likely to kill trees within one year on timberland. Trees will be considered likely to die when they are determined, by an RPF, to be high risk by either: 
(1) Risk classification systems including Smith et al., 1981; The California pine risk-rating system: its development, use, and relationship to other systems; In Hazard-Rating Systems in Forest Insect Pest Management, Hedden et al., eds. USDA Forest Service General Technical Report WO-27, pp. 53-69; Ferrell. 1989; Ten-year risk-rating systems for California Red Fir and White Fir: development and use; USDA Forest Service General Technical Report PSW-115, 12p.; or similar risk-rating systems recognized by the profession; or 
(2) Where evidence of a current beetle attack exists (i.e. existence of boring dust, woodpecker feeding, or recent top kill) and these trees are within 100 feet of multiple tree kills. Such trees shall be marked by an RPF or the supervised designee before felling.
NOTE

Authority cited: Sections 4551, 4552, 4554, 4554.5 and 4555, Public Resources Code. Reference: Sections 4592, 4750, 4750.3 and 4750.4, Public Resources Code.
HISTORY

1. New section filed 1-2-81; effective thirtieth day thereafter (Register 81, No. 1).
2. Amendment filed 5-3-89 as an emergency; operative 5-3-89 (Register 89, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-31-89.
3. Reinstatement of section as it existed prior to 5-3-89 emergency amendment, filed 1-15-91 by operation of Government Code section 11346.1 (Register 91, No. 7).
4. Amendment of section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
5. Amendment filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
6. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
7. Amendment of section and Note filed 2-7-2011 as an emergency; operative 2-7-2011 (Register 2011, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2011 or emergency language will be repealed by operation of law on the following day.
8. Editorial correction of History 7 (Register 2011, No. 20). 
9. Amendment of section and Note refiled 8-8-2011 as an emergency; operative 8-8-2011 (Register 2011, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2011 or emergency language will be repealed by operation of law on the following day.
§1052.3. Emergency Notice For Insect Damaged Timberlands.
Note     •     History

Emergency timber operations, under the presumed emergency standard of 14 CCR 1052.2, may be commenced provided a Registered Professional Forester (RPF) is responsible for an on-site inspection, and tree marking when required by subsection (a):
(a) The emergency notice used with this section is to be used only for the harvesting of dead trees and those dying because of insect attack. Trees with green crowns that are to be harvested must be under insect attack which is likely to lead to mortality within one year, and shall be stump marked or otherwise designated by an RPF prior to cutting.
(b) A 60-day extension of an existing emergency notice may be submitted by an RPF where expanded or subsequent insect attack is occurring and it is explained and justified why the timber operation could not be completed during the first 60-day period.
NOTE

Authority cited: Sections 4551, 4552 and 4554, Public Resources Code. Reference: Section 4592, Public Resources Code.
HISTORY

1. New section filed 5-3-89 as an emergency; operative 5-3-89 (Register 89, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-31-89.
2. Repealed by operation of law (Register 90, No. 10).
3. New section filed 3-2-90 as an emergency; operative 3-2-90 (Register 90, No. 10). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-2-90.
4. New section filed 7-19-90 as an emergency; operative 7-19-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-16-90.
5. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 40).
6. New section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
7. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§1052.4. Emergency Notice for Fuel Hazard Reduction.
Note     •     History

The RPF preparing the Notice of Emergency Timber Operations for Fuel Hazard Reduction shall describe the nature of the emergency and the need for immediate cutting in sufficient detail so that the reason for the emergency is clear. Emergency timber operations, under the presumed emergency standard of 14 CCR § 1052.1, may be commenced and conducted when in conformance with the following:
(a) RPF develops and documents the vegetative treatments necessary to meet the goals of 14 CCR § 1052.1(e), and ensures postharvest conditions are in accordance with all subsections in § 1052.4. Such documentation shall include the following:
(1) A description of the preharvest stand structure and statement of the postharvest stand stocking levels.
(2) A description of the criteria to designate trees to be harvested or the trees to be retained.
(3) All trees that are harvested or all trees that are retained shall be marked or sample marked by or under the supervision of a Registered Professional Forester before felling operations begin. When trees are sample marked, the designation prescription for unmarked areas shall be in writing and the sample mark area shall include at least 10% of the harvest area to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area.
(4) Postharvest compliance shall be determined by the combination of physical measurements and observations. Postharvest compliance shall be met on at least 80 percent of the project area as calculated excluding WLPZs and other wildlife protection requirements developed in accordance with 14 CCR § 1052.4(e).
(b) The conditions of subsection 14 CCR § 1038(b)(1) through (10) are applied or, for operations in the Lake Tahoe Basin, (f)(1) through (14) are applied.
(c) Geographic area: operations are permitted:
(1) Within 1/4 mile from approved and legally permitted structures that comply with the California Building Code (legal structure). Such legal structures shall be within or adjacent to a community listed in the “California Fire Alliance list of Communities at Risk” (copyright date 2003 on file in the official rulemaking file and incorporated by reference) and have densities greater than 1 structure per 20 acres.
(2) Within 500 feet of a legal structure outside the area defined in §1052.4(c)(1);
(3) Within 500 feet of either side of a public or federal road;
(4) Within 500 feet on either side of a private road providing access to legal structures;
(5) Within 500 feet on either side of a mainline haul road necessary for fire suppression or evacuation as identified in a fire prevention plan or with the written concurrence of a public fire agency and as accepted by the Director. 
(6) Within 500 feet on either side of ridges suitable for fire suppression as identified in a fire prevention plan or with the written concurrence of a public fire agency and as accepted by the Director. 
(7) Within 500 feet of infrastructure facilities such as transmission lines or towers or water conduits.
(d) Vegetation Treatments: Tree removal shall target understory trees. The residual stand shall consist primarily of healthy and vigorous dominant and codominant trees from the preharvest stand. Standards listed shall be met by retaining the largest diameter trees in the preharvest project area.
(1) The quadratic mean diameter of trees greater than 8 inches dbh in the preharvest project area shall be increased in the postharvest stand.
(2) Only trees less than 24 inches outside bark stump diameter may be removed except under the following condition. If the goal of fuel reduction cannot be achieved by removing trees less than 24 inches outside bark stump diameter; trees less than 30 inches outside bark stump diameter may be removed if that removal is necessary to meet the fuel objectives stated in 14 CCR § 1052.1(e).
(3)(A) Minimum post treatment canopy closure of dominant and codominant trees shall be 40 percent for east side pine forest types; 50 percent for coastal redwood and Douglas-fir forest types in or adjacent to communities and legal structures referenced in subsection § 1052.4(c)(1) and (2); 60 percent for coastal redwood and Douglas-fir forest types outside of communities and legal structures referenced in subsection § 1052.4(c)(1) and (2); and 50 percent for mixed conifer and all other forest types.
(B) Post treatment stand shall contain no more than 200 trees per acre over 3 inches in dbh. 
(4) Stocking shall meet commercial thinning requirement of 14 CCR § 913.3 [933.3, 953.3] immediately upon completion of operations.
(A) In the High Use Subdistrict of the Southern Forest District where preharvest tree stocking does not meet commercial thinning requirement of 14 CCR §953.3, the basal area minimum stocking standards for Selection Unevenaged Management in 14 CCR §953.2(a)(2)(A)1., 2., and 3., shall be met following harvesting. 
(B) In areas where preharvest tree stocking does not meet commercial thinning requirement of 14 CCR §913.3 [933.3, 953.3], and as necessary to establish or maintain an unevenaged stand structure, minimum stocking standards for Selection Unevenaged Management in 14 CCR §913.2 [933.2, 953.2](a)(2)(A)1., 2., 3. and 4., shall be met following harvesting.
(5)(A) This subsection applies to geographic areas listed in 14 CCR §1052.4(c)(2) and (6), and to areas within 500 feet of structures in 14 CCR §1052.4(c)(1). Surface and ladder fuels in the harvest area, including logging slash and debris, brush, small trees, and deadwood, that could promote the spread of wildfire shall be treated to achieve standards for vertical spacing between fuels, horizontal spacing between fuels, maximum depth of dead ground surface fuels, and reduction of standing dead fuels, as follows:
1. Ladder and surface fuels, excluding residual stand dominant and codominant trees, shall be spaced to achieve vertical clearance distance of eight feet or three times the height of the postharvest fuels, whichever is the greater distance, measured from the base of the live crown of the postharvest dominant and codominant trees to the top of the surface or ladder fuels, whichever is taller. 
2. Ladder fuels, excluding residual stand dominant and codominant trees, shall be spaced to achieve horizontal clearance distance of two to six times the height of the postharvest fuels measured from the outside branch edges of the fuels. On ground slopes of zero percent to 20 percent horizontal clearance distance shall be two times the height of postharvest fuels; on ground slopes of greater than 20 percent to 40 percent horizontal clearance distance shall be four times the height of postharvest fuels; on ground slopes of greater than 40 percent horizontal clearance distance shall be six times the height of postharvest fuels.
3. Dead surface fuel depth shall be less than 9 inches. 
4. Standing dead or dying trees and brush shall generally be removed. Such material, along with live vegetation associated with the dead vegetation, may be retained for wildlife habitat when isolated from other vegetation. 
(B) This subsection applies to geographic areas listed in 14 CCR §1052.4(c)(3), (4), (5), and (7) and to areas between 500 feet to 1320 feet of structures in 14 CCR §1052.4(c)(1).
1. Dead fuels, excluding dead branches on trees retained for stocking, shall be treated to achieve a minimum clearance distance of 8 feet measured from the base of the live crown of the postharvest dominant and codominant trees to the top of the dead fuels. 
2. All logging slash created by the timber operations shall be treated to achieve a maximum postharvest depth of 9 inches above the ground.
(C) The requirements of this subsection shall not supersede requirements of PRC §4291.
(6) Fuel treatments shall include chipping, removal or other methods necessary to achieve the fuel hazard reduction standards in this section, and shall be accomplished within 1 year from the start of operations, except for burning operations, which shall be accomplished by April 1 of the year following surface fuel creation.
(e) As part of the preharvest project design, the RPF shall evaluate and incorporate habitat requirements for fish, wildlife and plant species in accordance with sections 14 CCR §§ 898.2, 916.9 [936.9, 956.9] and 919. Such evaluations shall include use of the California Natural Diversity Database (as referenced by the California Department of Fish and Game, http://www.dfg.ca.gov/whdab/html/cnddb.html) and local knowledge of the planning watershed. Consultation with California Department of Fish and Game personnel is recommended. Examples of habitat requirements to be incorporated into the project include retention of large woody debris and snags congruent with emergency condition goals, and vegetative screening for wildlife cover and visual aesthetics.
(f) Operations conducted concurrently in the same geographic area (ref. 14 CCR § 1052.4(c))pursuant to 14 CCR § 1038(b) shall not remove diseased trees in excess of the diameter limit required under 14 CCR § 1052.4(d)(2).
NOTE

Authority cited: Sections 4551, 4551.5, 4552, 4553 and 4592, Public Resources Code. Reference: Sections 4513, 4554, 4555, 4561, 4562, 4584, 4592, 21001(f) and 21080(b)(4), Public Resources Code.
HISTORY

1. New section filed 6-25-2004 as an emergency; operative 6-25-2004 (Register 2004, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2004 as an emergency; operative 10-26-2004 (Register 2004, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-23-2004 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-22-2005 as an emergency; operative 2-24-2005 (Register 2005, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-24-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-22-2005 order transmitted to OAL 6-23-2005 and filed 8-5-2005. Amendments to emergency language effective 1-1-2006 pursuant to Public Resources Code section 4554.5(a) (Register 2005, No. 31). 
5. Amendment of section heading and section filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
6. Amendment of subsections (a), (a)(4), (d)(1), (d)(5)(A)-(d)(5)(A)2. and (d)(5)(B)-(d)(5)(B)2. and new subsection (d)(5)(C) filed 10-22-2008; operative 11-21-2008 (Register 2008, No. 43).
7. Amendment of subsection (d)(6) filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
8. Change without regulatory effect amending section heading and removing pre-2006 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17).
§1052.5. Emergency Notice for Outbreaks of Sudden Oak Death Disease.
Note     •     History

(a) The RPF preparing the Emergency Notice shall do all of the following: 
(1) provide as part of the Emergency Notice the certified lab testing results validating that trees or vegetation in the infestation area are infected with SOD;
(2) seek to encompass the entire infestation area and landownership(s) necessary to undertake effective control and eradication in the area covered by the Emergency Notice, however, the Emergency Notice is not required to encompass these areas;
(3) evaluate and incorporate habitat requirements for fish, wildlife, and plant species to ensure compliance with State and Federal Endangered Species Act using the California Natural Diversity database maintained by the DFG, local knowledge of the planning watershed, and consultation with CAL FIRE regarding other plans in the Emergency Notice area; 
(4) obtain written concurrence from the Department Forest Pest Specialist or Department designee regarding tree and vegetation treatments or removal and strategies to control or suppress the SOD infestation pursuant to 14 CCR 1052.5 (c);
(5) designate for treatment or removal the host hardwood species in the infested areas and within 330 feet of the infestation area to control the spread of SOD consistent with Forest Pest Specialist concurrence in (4) above;
(6) avoid designation of conifer trees for treatment or removal except as necessary to facilitate the removal of host hardwood species, the salvage of conifer trees accidentally damaged during operations, or as specified by the Department Forest Pest Specialist for purposes of controlling the spread of SOD. 
(b) Timber operations conducted in accordance with 14 CCR §1052.5(a) above shall comply with all rules and regulations of the Board. A person conducting timber operations under an Emergency Notice for Outbreaks of Sudden Oak Death Disease shall comply with all operational provisions of the Forest Practice Act applicable to “Timber Harvest Plan, “THP” and “plan” with the following exceptions or additional requirements: 
(1) The RPF shall provide written proof of notification regarding the proposed submission of an Emergency Notice for SOD eradication to the NMFS, DFG, U.S. Fish and Wildlife Service (USFWS), and the applicable regional water quality control board. Written notification shall be received by NMFS,DFG, USFWS, and the applicable regional water quality control board at least 10 working days prior to submission of the Emergency Notice. 
(2) Tree and vegetation removal or treatment within WLPZ areas shall be permitted and limited to symptomatic hardwood trees and shrubs that are infested with SOD or host hardwood trees that will continue to contribute to the spread of SOD. Conifer trees shall not be removed in WLPZs. 
(3) Timing of operations shall avoid impacts to federal or state listed species. 
(4) No timber operations shall be conducted on saturated soil conditions. 
(5) No tree felling operations from July 15 to September 30 that reduce overstory canopy cover in WLPZs. 
(6) No mechanical site preparation, broadcast burning, or pile burning in the WLPZ. 
(7) 14 CCR §916.3, 936.3, 956.3, subsection (f) does not apply. 
(8) Where present prior to the start of timber operations, post harvest stocking standards specified in 14 CCR §912.7, 932.7, 952.7, subsection (b)(2) shall be met with group A species. Where stocking of Group A species is not sufficient to meet the stocking standards of 14 CCR §912.7, 932.7, 952.7, subsection (b)(2), post treatment stocking shall meet those stated in 14 CCR §913.4, 933.4, 953.4, subsection (b), Rehabilitation of Understocked Area Prescription. The percentage of stocking requirements met with Group A species on a point count basis shall be no less than the percentage of the basal area they comprised before harvesting.
(9) Operations shall be conducted in accordance with conditions stated in 14 CCR 1038 (b)(1),(2),(3),(4),(5),(7), (8), and (10). 
(10) Tractors or other heavy equipment shall not be used within the WLPZ, except on existing roads.
(11) The Department shall track the number of Emergency Notices for outbreaks of SOD, the acreage treated under the notices, and the WLPZ acreage treated under the notices, and report the results to the Board by December 1, 2011. 
(c) The RPF shall describe the strategies employed which will be utilized to control or suppress the SOD infestation on the harvest area along with those measures to be used to minimize the risk of spreading Phytophthora ramorum from the logging area by way of infected soil and infected host material. In developing such strategies, the RPF shall draw from the list of Mitigation and Management Recommendations in the California Oak Mortality Task Force publication Sudden Oak Death for Forestry, August 2010 at: www.suddenoakdeath.org/diagnosis-and-management/best-management-practices/, incorporated by reference herein. 
NOTE

Authority cited: Sections 4551, 4551.5, 4552, 4553, 4554.5, 4555 and 4592, Public Resources Code. Reference: Sections 4513, 4554, 4555, 4561, 4562, 4584, 4592, 4750, 4750.3, 4750.4, 21001(f) and 21080(b)(4), Public Resources Code.
HISTORY

1. New section filed 7-9-2007 as an emergency; operative 7-9-2007 (Register 2007, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-7-2008 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 6).
3. New section filed 2-7-2011 as an emergency; operative 2-7-2011 (Register 2011, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2011 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of section heading (Register 2011, No. 8). 
5. Editorial correction of History 3 (Register 2011, No. 20). 
6. New section refiled 8-8-2011 as an emergency; operative 8-8-2011 (Register 2011, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2011 or emergency language will be repealed by operation of law on the following day.
Article 3. Timber Harvesting Plan Appeal Procedures
§1053. Purpose of Regulations.
Note

The regulations contained in this article govern procedures affecting appeals to the Board on return of plans by the Director pursuant to the provisions of PRC 4582.7.
NOTE

Authority cited for Article 3 (Sections 1053-1059): Sections 4551, 4552 and 4571, Public Resources Code. Reference: Section 4582.7, Public Resources Code.
§1054. Return of Plan by Director.
Note     •     History

(a) When the Director determines that a plan is not in conformance with the rules of the Board, the plan shall be returned to the person submitting the plan with a statement including the following: 
(1) The reasons for returning the plan;
(2) Notice that the person submitting the plan has a right to a public hearing before the Board, providing the person submitting the plan requests such hearing within 10 days from receipt of such plan as set forth in 14 CAC 1055; and
(3) Notice that timber operations under the plan shall not commence.
(b) The plan and said statement shall be delivered as follows:
(1) By personal service upon the person submitting the plan; or
(2) By registered or certified mail, return receipt requested, to the person submitting the plan at last address of record.
NOTE

Authority cited: Section 4551 and 4552, Public Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.
HISTORY

1. Amendment of subsection (a) filed 8-3-78; effective thirtieth day thereafter. Issuing agency: Board of Forestry (Register 78, No. 31).
§1054.1. Right to Request Public Hearing.
Note     •     History

Any person submitting a plan to whom such plan is returned by the Director on the grounds that it is not in conformance with the rules of the Board, may within 10 days of receipt of the plan request a public hearing before the Board consistent with sections 1055.2 and 1055.4.
NOTE

Authority cited: Sections 4551 and 4582.75, Pubic Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.
HISTORY

1. Renumbering former section 1055 to section 1054.1 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 83, No. 37.
§1054.2. Form of Request for Hearing.
History

The request for hearing shall be in writing and shall contain the following:
(a) A statement requesting a hearing before the Board;
(b) Identification of the plan; and
(c) The name and address of the person making the request.
HISTORY

1. Renumbering former section 1055.2 to section 1054.2 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 90, No. 10.
§1054.3. Filing of Request for Hearing.
History

Such request shall be deemed to be filed on the date, whichever is earlier, upon which it is postmarked or the date upon which it is otherwise received at the office of the State Board of Forestry at 1416 Ninth Street, Room 1506-14, Sacramento, CA 95814.
HISTORY

1. Renumbering former section 1055.4 to section 1054.3 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 90, No. 10.
§1054.4. Public Hearing.
History

The Board shall schedule and hold a public hearing on such request no later than 30 days from the filing of the request for hearing, or at such later time as may be mutually agreed upon by the Board and the person submitting the plan and filing the request. The hearing may be scheduled as part of a regular meeting of the Board, or as part of any special meeting, provided that sufficient time is provided for the notice of hearing in accordance with 14 CAC 1056.2.
HISTORY

1. Renumbering of former section 1056 to section 1054.4 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 90, No. 10.
§1054.5. Notice of Hearing.
Note     •     History

(a) At least 15 days prior to the hearing, the Board shall give public notice as follows:
(1) Mailing the notice to the applicant, and mailing such notice to the Director for distribution as provided in subsections (2)-(5) below;
(2) Mailing the notice to any person who has submitted written comment on the plan and to any person requesting notice of the appeal or hearing;
(3) Posting such notice in a conspicuous location available to the public in the appropriate CAL FIRE Review Team Office;
(4) Posting of the notice at the place where notices are customarily posted at the county courthouse of the county within which the proposed timber operations are to take place;
(5) Any other dissemination of the notice determined to be appropriate by the Director to provide full participation in the hearing by the interested public.
(b) The notice of hearing shall include the following:
(1) The name of the person submitting the plan;
(2) Identification of the plan, including the number of the plan, a brief description of the location of the timber operations referred to in the plan by reference to any commonly known landmarks in the area, and a brief description of the proposed timber operations;
(3) A statement that the plan has been returned to the person submitting the plan because the Director has determined that the plan is not in conformance with the rules of the Board, and that the person submitting the plan has requested a public hearing before the Board pursuant to PRC 45182.7. In addition, a statement inviting the person submitting the plan and the public to make statements at the hearing regarding the plan; and
(4) The time, date, and location of the public hearing.
NOTE

Authority cited: Sections 4551 and 4582.7, Public Resources Code. Reference: Section 4582.7, Public Resources Code.
HISTORY

1. Renumbering of former section 1056.2 to section 1054.5 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 83, No. 37.
2. Editorial correction of printing error in HISTORYs, removing excess HISTORY 1. and 2. and renumbering and correcting former HISTORY 3. to HISTORY 1. (Register 91, No. 31).
3. Change without regulatory effect amending subsection (a)(3) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§1054.6. Hearing Record.
History

The record before the Board upon the public hearing shall be as follows:
(a) The timber harvesting plan;
(b) All reports, findings, communications, correspondence, and statements in the file of the Department relating to the plan.
HISTORY

1. Renumbering former section 1057 to section 1054.6 filed 9-27-90; operative10-27-90 (Register 90, No. 45). For prior history, see Register 90, No. 10.
§1054.7. Hearing Procedures.
History

(a) The public hearing should normally proceed in the following manner:
(1) Identification of the record; 
(2) Statements on behalf of person submitting the plan; 
(3) Statements of members of the public;
(4) Motion to close public hearing.
(b) Notwithstanding the above, the chairperson may in the exercise of discretion, determine the order of the proceedings.
(c) The chairperson may impose reasonable time limits upon statements and presentations and may accept written statements in lieu of oral statements.
(d) The public hearing shall be recorded either electronically or by other convenient means.
HISTORY

1. Renumbering former section 1058 to section 1054.7 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 90, No. 10.
§1054.8. Order of the Board.
History

Following the public hearing, the Board shall determine whether, upon the record before it, the plan is in conformance with the rules and regulations of the Board and the provisions of the Act. If the Board determines that the plan is in conformance with the rules and regulations of the Board and the provisions of the Act, it shall make its order approving the plan. If the Board determines that the plan is not in conformance with the regulations of the Board and the provisions of the Act, it shall make its order disapproving the plan. Approval of the plan by the Board constitutes authorization that timber operations may commence and be conducted in accordance with the plan as approved and in accordance with rules and regulations of the Board and the provisions of the Act. Timber operations shall not take place where the Board disapproves the plan. Disapproval of plan shall be without prejudice to the applicant submitting a plan at any later time complying with the rules and regulations of the Board and the provisions of the Act. Where the Board approves the plan, notice thereof shall be filed with the Secretary of Resources, and within 10 working days such notice shall be transmitted to the agencies and persons referred to in 14 CAC 1037.3, and for posting at the places referred to in section 1037.1. The order of approval shall include written response to significant environmental points raised during the appeal.
HISTORY

1. Renumbering former section 1059 to section 1054.8 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 90, No. 10.
§1055. County Appeals Procedures.
Note     •     History

The Board of Supervisors of a county for which rules and regulations have been adopted pursuant to Public Resources Code 4516.5 may appeal the Director's approval of a Timber Harvesting Plan by doing the following:
(a) No later than ten days from the date of approval, the county shall file with the Executive Officer of the Board of Forestry and mail to the plan submitter a statement containing:
(1) The name of the submitter of the Timber Harvesting Plan;
(2) The number of the Timber Harvesting Plan;
(3) The location of the proposed timber operations;
(4) A concise summary of all facts upon which the appeal is based;
(5) A copy of or reference to all documents which support the appellant's position;
(6) The name and phone number of the county staff member who will be the primary contact for purposes of the appeal;
(7) A copy of the authorization by the Board of Supervisors or its authorized designee for the appeal and containing the specific finding that the public health and safety, or the environment is threatened by the approval of the Timber Harvesting Plan and what form that threat takes;
(8) Certification that the county participated in the initial inspection of the plan area with the Director and participated in a multidisciplinary review of the plan.
(b) The county shall promptly telephone the Director and the plan submitter to inform them of the filing of the appeal.
NOTE

Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
HISTORY

1. New section filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
2. Renumbering former section 1055 to section 1054.1 and renumbering former section 1055.5 to 1055 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Registers 85, No. 36 and 83, No. 37.
3. Change without regulatory effect amending subsection (a)(7) filed 9-26-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
§1055.1. Hearing on County Appeal.
Note     •     History

The Board shall grant to a county that meets the requirements for filing an appeal an initial hearing to consider the county's request for an appeal at the next regularly scheduled Board meeting following the receipt of the request. The Board shall grant a hearing on an appeal by a county pursuant to Public Resources Code 4516.6 if the Board finds that the appeal raises substantial issues with respect to public health and safety or to the environment. If the Board finds that the appeal raises no substantial issues with respect to public health and safety or to the environment, the Board shall refuse to grant a hearing on an appeal. In making this determination, the Board shall consider the following:
(a) Whether the appeal raises environmental issues which can be addressed by the Board within the limits of the Public Resources Code and the rules of the Board; and
(b) Whether the appeal raises public health and safety issues which involve threats to the lives, health, or property of county residents.
NOTE

Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
HISTORY

1. New section filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
2. Renumbering former section 1055.6 to section 1055.1 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 85, No. 36.
3. Change without regulatory effect amending section filed 9-26-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
§1055.2. County Appeal Hearing Procedures--Scheduling.
Note     •     History

The Board shall schedule and hold a public hearing on an appeal by a county no later than 30 days from the filing of the written statement of appeal, or at such later time as may be mutually agreed upon by the Board, the county, and the plan submitter. The hearing may be scheduled as part of a regular meeting of the Board or may be conducted by a committee of the Board as provided in PRC 4516.6(d). Sufficient time must be provided for the notice of hearing in accordance with 14 CAC 1055.8.
NOTE

Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code; and Section 1055.8, Title 14, California Code of Regulations.
HISTORY

1. Renumbering former section 1055.2 to section 1054.2 and renumbering former section 1055.7 to section 1055.2 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Registers 85, No. 36 and 90, No. 10.
§1055.3. County Appeal Hearing Procedures--Notice.
Note     •     History

(a) At least 15 days prior to the hearing, the Board shall give public notice as follows:
(1) Mailing the notice to the county and the plan submitter and sending the notice to the Director for distribution as provided in subsection (2)-(5) below;
(2) Mailing the notice to any person who has submitted written comment on the plan and to any person who requests notice of the appeal or hearing;
(3) Posting of the notice in a conspicuous location available to the public in the appropriate CAL FIRE Review Team Office;
(4) Posting of the notice at the place where notices are customarily posted at the county courthouse of the county within which the proposed timber operations are to take place;
(5) Any other dissemination of the notice determined to be appropriate by the Director to provide full participation in the hearing by the interested public.
(b) The notice of hearing shall include the following:
(1) The name of the person submitting the plan;
(2) Identification of the plan, including the number of the plan, a brief description of the location of the timber operations referred to in the plan by reference to any commonly known landmarks in the area, and a brief description of the proposed timber operations;
(3) A statement that the county has appealed in the Director's decision to approve the plan and has requested a public hearing pursuant to PRC 4516.6. The notice shall also include a statement inviting the person sub-- mitting the plan and the public to make statements at the hearing regarding the plan; and
(4) The time, date, and location of the public hearing.
NOTE

Authority cited: Section 4516, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code. 
HISTORY

1. New section filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
2. Renumbering of former section 1055.8 to section 1055.3 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 85, No. 36.
3. Change without regulatory effect amending subsection (a)(3) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§1055.4. County Appeal Hearing Procedures--Record.
Note     •     History

The record before the Board upon the public hearing shall be as follows:
(a) The timber harvesting plan;
(b) All reports, findings, communications, correspondence, and statements in the file of the Department relating to the plan.
NOTE

Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
HISTORY

1. Renumbering former section 1055.4 to section 1054.3 and renumbering former section 1055.9 to section 1055.4 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Registers 85, No. 36 and 90, No. 10.
§1055.5. County Appeal Hearing Procedures--Sequence.
Note     •     History

(a) The public hearing should normally proceed in the following manner:
(1) Identification of the record; 
(2) Statements on behalf of the county;
(3) Statements on behalf of person submitting the plan; 
(4) Statements of members of the public;
(5) Motion to close public hearing.
(b) Notwithstanding the above, the chairperson may in the exercise of discretion, determine the order of the proceedings.
(c) The chairperson may impose reasonable time limits upon statements and presentations and may accept written statements in lieu of oral statements.
(d) The public hearing shall be recorded either electronically or by other convenient means.
NOTE

Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
HISTORY

1. New section filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
2. Renumbering of section 1055.5 to 1055 and renumbering former section 1055.10 to section 1055.5 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 85, No. 36.
§1055.6. County Appeal Hearing Procedures--Order.
Note     •     History

Following the public hearing, the Board shall determine whether, upon the record before it, the plan is in conformance with the rules and regulations of the Board and the provisions of the Act. If the Board determines that the plan is in conformance with the rules and regulations of the Board and the provisions of the Act, it shall make its order approving the plan. If the Board determines that the plan is not in conformance with the regulations of the Board and the provisions of the Act, it shall make its order disapproving the plan. Approval of the plan by the Board constitutes authorization that timber operations may commence and be conducted in accordance with the plan as approved and in accordance with rules and regulations of the Board and the provisions of the Act. Timber operations shall not take place where the Board disapproves the plan. Disapproval of plan shall be without prejudice to the applicant submitting a plan at any later time complying with the rules and regulations of the Board and the provisions of the Act. Where the Board approves the plan, notice thereof shall be filed with the Secretary of Resources, and within 10 working days such notice shall be transmitted to the agencies and persons referred to in 14 CAC 1037.3, and for posting at the places referred to in section 1037.1. The order of approval shall include written response to significant points raised in the appeal.
NOTE

Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code; Sections 1037.1 and 1037.3, Title 14, California Code of Regulations.
HISTORY

1. Renumbering former section 1055.6 to section 1055.1 and renumbering former section 1055.11 to section 1055.6 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 85, No. 36.
§1055.7. County Appeal Hearing Procedures--Scheduling. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code; and Section 1055.8, Title 14, California Code of Regulations.
HISTORY

1. New section filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
2. Renumbering former section 1055.7 to section 1055.2 filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
§1055.8. County Appeal Hearing Procedures--Notice. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 4516, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
HISTORY

1. New section filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
2. Renumbering former section 1055.8 to 1055.3 filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
§1055.9. County Appeal Hearing Procedures--Record. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
HISTORY

1. New section filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
2. Renumbering former section 1055.9 to section 1055.4 filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
§1055.10. County Appeal Hearing Procedures--Sequence. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
HISTORY

1. New section filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
2. Renumbering former section 1055.10 to section 1055.5 filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
§1055.11. County Appeal Hearing Procedures--Order. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code; Sections 1037.1 and 1037.3, Title 14, California Code of Regulations.
HISTORY

1. New section filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
2. Renumbering former section 1055.11 to section 1055.6 filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
3. Editorial correction of Note (Register 95, No. 41).
§1056. Head of Agency Appeals Procedure.
Note     •     History

The State Water Resources Control Board (SWRCB) or the Director of the Department of Fish and Game (DFG) pursuant to PRC 4582.9 may appeal the Director's approval of a THP, or Substantial Deviation (14 CCR 1036 and 1039) by doing the following:
(a) No later than ten days form the date of THP approval, the SWRCB or DFG shall file with the Executive Officer of the Board of Forestry and mail to the plan submitter and Director of CDF a statement containing:
(1) The name of the submitter of the THP;
(2) The number of the THP assigned by CDF;
(3) The location of the proposed timber operations as described in the Notice of Intent;
(4) A concise summary of all facts upon which the appeal is based;
(5) A copy of or reference to all documents within the official THP record which support the appellant's position;
(6) The name and phone number of the SWRCB designee or DFG staff member who will be the primary contact for purposes of the appeal;
(7) A copy of the authorization by the SWRCB or DFG or its authorized designee for the appeal and containing the specific finding that the environment or the public health, safety, or general welfare is threatened by the approval of the THP or Substantial Deviation and what form that threat takes;
(8) Certification that the SWRCB or Regional Water Quality Control Board or DFG participated in a multidisciplinary review of the plan including an on site inspection prior to plan approval.
(9) A statement that the timber operations are not to proceed until the appeal has been acted on by the Board as stated in PRC section 4582.9.
(10) A copy of regulations pertaining to head-of-agency appeals.
(11) A statement to contact the Board for other information about the hearing process.
(b) The SWRCB or DFG shall promptly telephone the Director and plan submitter to inform them of the filing of the appeal.
(c) If timber operations have commenced, the Department will notify the timber operator to stop all operations.
NOTE

Authority cited: Section 4582.9, Public Resources Code. Reference: Section 4582.9, Public Resources Code.
HISTORY

1. Renumbering of former section 1056 to section 1054.4 and new section 1056  filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 90, No. 10.
§1056.1. Hearing on Head of Agency Appeal.
Note     •     History

The Chairman of the Board of Forestry shall, without being required to consult other members of the Board, within five (5) working days of receiving the appeal grant a hearing on an appeal by SWRCB or DFG pursuant to PRC section 4582.9 if the Chairman finds that the appeal raises substantial issues with respect to the environment or to public safety. If the Chairman finds that the appeal raises no substantial issues with respect to the environment or to public safety, he or she shall refuse to grant a hearing on an appeal. The Chairman will inform the appealing agency, the plan submitter, and the Department of his or her decision. In making this determination, the chairman shall consider the following:
(a) Whether the appeal raises environmental issues which can be addressed by the Board within the limits of the Public Resources Code and the rules of the Board and other applicable laws; and 
(b) Whether the appeal raises public safety issues which involve threats to the lives, health, or property of state residents.
NOTE

Authority cited: Section 4582.9, Public Resources Code. Reference: 4582.9, Public Resources Code.
HISTORY

1. New section filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
§1056.2. Head of Agency Appeal Hearing Procedures--Scheduling.
Note     •     History

The Board shall schedule and hold a public hearing on an appeal by SWRCB or DFG no later than 30 days from the filing of the written statement of appeal, or at such later time as may be mutually agreed upon by the Board, the appellant(s), and the plan submitter. The hearing may be scheduled as part of a regular meeting of the Board or may be conducted by a committee of the Board as provided in PRC 4582.9(d). Sufficient time must be provided for the notice of hearing in accordance with 14 CCR 1056.3.
NOTE

Authority cited: Section 4582.9, Public Resources Code. Reference: Section 4582.9, Public Resources Code.
HISTORY

1. Renumbering former section 1056.2 to section 1054.5 and new section filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 83, No. 33.
§1056.3. Head of Agency Appeal Procedures--Notice.
Note     •     History

(a) At least 15 days prior to the hearing, the Board shall give public notice as follows:
(1) Mailing the notice to the SWRCB designee or DFG, and the plan submitter and sending the notice to the Director for distribution as provided in subsection (2) - (5) below;
(2) Mailing the notice to any person who has submitted written comment on the plan and to any person who requests notice of the appeal or hearing;
(3) Posting of the notice in a conspicuous location available to the public in the appropriate CAL FIRE Review Team Office and Unit Headquarters;
(4) Posting of the notice at the place where notices are customarily posted at the county courthouse of the county within which the proposed timber operations are to take place;
(5) Any other dissemination of the notice determined to be appropriate by the Director to provide participation in the hearing by the interested public.
(b) The notice of hearing shall include the following:
(1) The name of the person submitting the plan;
(2) Identification of the plan, including the CDF administration number of the plan, a brief description of the location of the timber operations referred to in the plan by reference to any commonly known landmarks in the area, and a brief description of the proposed timber operations:
(3) A statement that the SWRCB or DFG has appealed the Director's decision to approve the plan. A statement that the Board has granted a public hearing pursuant to PRC 4582.9. The notice shall also include a statement inviting the person submitting the plan and the public to make statements at the hearing regarding the basis of the appeal on the plan; and
(4) The time, date, and location of the public hearing.
NOTE

Authority cited: Section 4582.9, Public Resources Code. Reference: Section 4582.9, Public Resources Code.
HISTORY

1. New section filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
2. Change without regulatory effect amending subsection (a)(3) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§1056.4. Head of Agency Appeal Hearing Procedures--Record.
Note     •     History

The record before the Board upon completion of the public hearing shall be as follows:
(a) The THP, or Substantial Deviation.
(b) All reports, findings, communications, correspondence, and statements in the file of the Department relating to the plan at the time of approval.
(c) Arguments from the appealing agency, plan submitter, and the public related to the material in the record.
NOTE

Authority cited: Section 4582.9, Public Resources Code. Reference: Section 4582.9, Public Resources Code.
HISTORY

1. New section filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
§1056.5. Head of Agency Appeal Hearing Procedures--Sequence.
Note     •     History

(a) The public hearing should normally proceed in the following manner:
(1) Identification of the record by CDF;
(2) Statements on behalf of the appealing agency;
(3) Statements on behalf of person submitting the plan;
(4) Statements of members of the public, including other interested agencies;
(5) Response on behalf of CDF “Chairman or designee”
(6) Motion to close public hearing;
(b) Notwithstanding the above, the chairman or designee may in the exercise of discretion, determine the order of the proceedings.
(c) The chairman may impose reasonable time limits upon statements and presentations and may accept written statements in lieu of oral statements.
(d) The public hearing shall be recorded either electronically or by other convenient means.
NOTE

Authority cited: Section 4582.9, Public Resources Code. Reference: Section 4582.9, Public Resources Code.
HISTORY

1. New section filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
§1056.6. Head of Agency Appeal Hearing Procedures--Order.
Note     •     History

The Board has 10 days following the public hearing to determine whether, upon the record before it, the plan is in conformance with the rules and regulations of the Board, the provisions of the Act and all other applicable provisions of law, including the Timberland Productivity Act. If the Board determines that the plan is in conformance with the rules and regulations of the Board, theprovisions of the Act and other applicable laws, it shall make its order approving the plan within 10 days of conclusion of the hearing. If the Board determines that the plan is not in confomance with the regulations of the Board, the provisions of the Act, and other applicable laws, it shall make its order disapproving the plan within 10 days of conclusion of the hearing. Approval of the plan by the Board constitutes authorization that timber operations may commence upon filing of the order of approval with the Secretary of Resources. Operations shall be conducted in accordance with the plan as approved by CDF and in accordance with the rules and regulations of the Board and the provisions of the Act, and other applicable laws. Timber operations shall not take place where the Board disapproves the plan. Disapproval of a plan shall be without prejudice to the applicant submitting a plan at any later time complying with the rules and regulations of the Board and the provisions of the Act. The Board may set forth in the order of disapproval conditions under which it believes the plan would have been approved. Where the Board approves the plan, the order there of shall be filed with the Secretary of Resources within 10 working days of decision, such order of approval shall be transmitted to the plan submitter, CDF, and the appealing agency(ies), and for posting at the places referred to in section 1056.3. Their order of approval shall include written response to significant points raised in the appeal.
NOTE

Authority cited: Section 4582.9, Public Resources Code. Reference: Section 4582.9, Public Resources Code.
HISTORY

1. New section filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
Article 3.2. Administrative Penalty Hearing Procedures
§1057. Purpose of Regulations.
Note     •     History

The regulations contained in this article govern procedures for request(s) for hearing(s) to the Board of Forestry and Fire Protection pursuant to Public Resources Code (PRC) §4601.2 concerning issuance of an administrative penalty by the Director of the Department of Forestry and Fire Protection. 
NOTE

Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11506, Government Code; and Sections 4601.1 and 4601.2, Public Resources Code. 
HISTORY

1. Renumbering former section 1057 to section 1054.6 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 90, No. 10.
2. New article 3.2 (sections 1057-1058.5) and section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48).
§1057.1. Filing of Petition and Notice of Defense/Request for Hearing.
Note     •     History

Any person filing a petition to the Board pursuant to PRC §4601.2 concerning the issuance of an administrative penalty by the Director shall, within ten (10) days of service of the complaint and proposed order setting an administrative penalty, file a Notice of Defense/Request for Hearing with the Board requesting a hearing. The Notice of Defense/Request for Hearing shall be on the form set forth in Section 1057.5 of this article and shall supply the following information to the Board: 
(a) Written statements, with supporting documentation, indicating specifically the basis for the petitioner's challenge of the Director's complaint and proposed order of administrative penalty; 
(b) A written statement advising the Board of the name, address and telephone number of the petitioner's representative, if any. 
NOTE

Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11505 Government Code; and Sections 4601.1 and 4601.2, Public Resources Code. 
HISTORY

1. New section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48).
§1057.2. Failure to Request Hearing.
Note     •     History

If the petitioner fails to file a Notice of Defense/Request for Hearing within the time period referenced in Section 1057.1 of this article, the Board shall adopt the Director's Complaint and Proposed Order without hearing. 
NOTE

Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11520(a), Government Code; and Sections 4601.1 and 4601.2, Public Resources Code. 
HISTORY

1. New section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48).
§1057.3. Hearing Procedures.
Note     •     History

A hearing shall be conducted within 180 days of the date on which the petitioner was served with the complaint and proposed order provided a timely request for a hearing has been received. The Chairperson of the Board may delegate the conduct of the hearing to a committee of the Board, which shall be composed of at least three (3) members of the Board, or elect to utilize an Administrative Law Judge assigned in accordance with Government Code §11370.3. If the Chairperson delegates the matter to a committee of the Board, a majority of the committee members shall not have a financial interest in the forest products or range industry. The committee may exercise any power the Board may exercise in any action under this article. 
If the matter is heard before the full Board or a committee of the Board, the Chairperson may elect to use an Administrative Law Judge or a representative from the Office of the Attorney General to preside over the hearing. If the matter is to be assigned to an Administrative Law Judge, the Chairperson shall indicate if the Administrative Law Judge is to provide a Proposed Decision for review by the Board, or, in the alternative, if the Decision of the Administrative Law Judge is final. In the event that the matter is delegated to an Administrative Law Judge, the proceedings shall be conducted in accordance with the provisions of Chapter 5 (commencing with §11500) of Part 1, Division 3, Title 2 of the Government Code. 
NOTE

Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11512 et seq. Government Code; and Sections 4601.1 and 4601.2, Public Resources Code. 
HISTORY

1. New section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48).
§1057.4. Administrative Record.
Note     •     History

The Administrative Record shall consist of the following: 
(a) the record developed and evidence submitted during the hearing before an Administrative Law Judge, including but not limited to the Proposed Decision and Findings of Fact, when the hearing was conducted before an Administrative Law Judge; or, 
(b) the Complaint and Proposed Order from the Director, evidence submitted by the Director, evidence submitted on behalf of the petitioner, any other relevant evidence which, in the judgement of the Board, should be considered applicable, and testimony presented during the hearing on the petition if the hearing is conducted before the Board. 
NOTE

Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Sections 4601.1 and 4601.2, Public Resources Code. 
HISTORY

1. New section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48).
§1057.5. Petition and Notice of Defense/Request for Hearing Form.
Note     •     History

BEFORE THE 
BOARD OF FORESTRY AND FIRE PROTECTION 
FOR THE STATE OF CALIFORNIA 

In the Matter of: 	CDF Docket No.:   

	NOTICE OF DEFENSE; 
	REQUEST FOR HEARING 

RESPONDENT. 
I, the undersigned and respondent named in this proceeding, hereby acknowledge receipt of a copy of the Complaint and Proposed Order against me. 
I hereby request a hearing in this proceeding to permit me to present my defense to the allegations contained in the Statement of Issues. 

Dated: 	 Signed		

	(or attorney for respondent) 
NOTE

Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11517, Government Code; and Sections 4601.1 and 4601.2, Public Resources Code. 
HISTORY

1. New section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48).
§1058. Hearing Procedures--Notice.
Note     •     History

If the Board or committee of the Board holds a hearing on the matter, the following shall apply: 
(a) At least twenty (20) days prior to the hearing, the Board shall give public notice as follows: 
(1) Mailing or delivering by personal service the notice to the petitioner; 
(2) Mailing or delivering by personal service the notice to the Director; 
(3) Mailing the notice to any person who requests notice of the petition or hearing; and 
(4) Mailing the notice to the Board's regular mailing list. 
(b) The Notice of the hearing shall include: 
(1) The name of the petitioner; 
(2) A statement describing the basis for the action; 
(3) The amount of the administrative penalty petitioned; and 
(4) The date, time, and location of the hearing. 
NOTE

Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11509, Government Code; and Sections 4601.1 and 4601.2, Public Resources Code. 
HISTORY

1. Renumbering former section 1058 to section 1054.7 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 90, No. 10.
2. New section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48).
§1058.1. Hearing Procedures-Recording and Transcription.
Note     •     History

Hearings conducted under the procedures of this article shall be electronically recorded by the Board. Cost of transcription or reproduction of the electronic recording, if requested shall be borne by the party making such request. 
NOTE

Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11512(d), Government Code; and Sections 4601.1 and 4601.2, Public Resources Code. 
HISTORY

1. New section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48).
§1058.2. Hearing Procedures-Use of Board Hearing Procedure and Sequence.
Note     •     History

(a) The Board shall conduct the petition hearing under this article in accordance with the provisions of Chapter 5 (commencing with §11500) of Part 1, Division 3, Title 2 of the Government Code. The hearing procedure is intended to satisfy due process and public policy requirements in a manner that is simpler and more expeditious than hearing procedures otherwise required by statute. 
(b) The hearing shall normally proceed in the following manner: 
(1) Identification of any written material submitted to the Board prior to the hearing; 
(2) Statements on behalf of the petitioner and submission of evidence; 
(3) Cross Examination of petitioner's statements; 
(4) Statements on behalf of the Director and submission of evidence; 
(5) Cross Examination of Director's statements; 
(6) Rebuttal on behalf of the petitioner; 
(7) Rebuttal on behalf of the Director; 
(8) Closing statements on behalf of petitioner and Director; 
(9) Motion to close the hearing. 
(c) Notwithstanding the above, the Chairperson or the Chairperson's designee (Board member) for the purposes of conducting the hearing may, in the exercise of discretion, determine the order of the proceedings. 
(d) The Chairperson or the Chairperson's designee (Board member) shall have the authority to impose reasonable and equitable time limits upon statements and presentations and to accept written statements in lieu of oral statements. Any written statements shall be submitted to the Board at least ten days prior to the hearing. 
NOTE

Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11512(d), Government Code; and Sections 4601.1 and 4601.2, Public Resources Code. 
HISTORY

1. New section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48).
§1058.3. Hearing Procedures-Determination.
Note     •     History

(a) Following the hearing, the Board shall determine: 
(1) Whether the alleged violations cited in the Director's Proposed Order are supported by substantial evidence in light of the whole record (as defined in section 1057.4) before it; and 
(2) Whether to affirm, modify, or set aside, in whole or in part, the administrative penalty issued by the Director. 
(b) The Board shall issue its own written order upholding its determination within forty-five (45) days of the close of the hearing. 
(c) Notification of the Board's determination shall be made by certified mail or personal service to the petitioner and the Director within fifteen (15) days following the regular business meeting of the Board at which the decision is made. 
NOTE

Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11517, Government Code; and Sections 4601.1 and 4601.2, Public Resources Code. 
HISTORY

1. New section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48).
§1058.4. Review of Proposed Decision and Findings of Fact.
Note     •     History

If the Board Chairperson has assigned the hearing to an Administrative Law Judge and requested a Proposed Decision and Findings of Fact, the Board shall set on their agenda a review and discussion of the Proposed Decision and Findings of Fact at its next regularly scheduled meeting, where a quorum is present, following the receipt of the Proposed Decision and Findings of Fact from the Office of Administrative Hearings. Public notice of the agenda item shall be provided to those persons listed in section 1058 not less than ten (10) days prior to the Board meeting. 
NOTE

Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference Section 11517, Government Code; and Sections 4601.1 and 4601.2, Public Resources Code. 
HISTORY

1. New section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48).
§1058.5. Determination.
Note     •     History

The adoption, rejection or modification of the Proposed Decision, including the various procedural requirements and notifications, shall follow the process set forth in Chapter 5 (commencing with section 11500) of Part 1, Division 3, Title 2 of the Government Code, except that the Board shall make a written determination within forty-five (45) days of the date the Board first considered the proposed decision unless hearing transcripts are requested. If the Board orders transcripts of the proceedings before the Administrative Law Judge, the Board shall make a written determination within sixty (60) days of the receipt of those transcripts.
NOTE

Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference Section 11517, Government Code; and Sections 4601.1 and 4601.2, Public Resources Code. 
HISTORY

1. New section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48).
2. Amendment filed 10-28-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 44).
§1059. Infractions.
Note     •     History

(a) Pursuant to PRC 4601.4(b), these rules are procedural in nature, the violation of which does not result in or cause environmental damage. The rule list consists of 14 CCR Sections 915.4, 935.4, 955.4; 918.1, 938.1, 958.1; 924.1; 925.2; 925.4; 926.2; 926.3; 926.23; 927.2; 927.14; 928.2; 929.1, 949.1, 969.1; 1029; 1032.7; 1032.10; 1034; 1035.2; 1035.3(d); 1038.2; 1042; 1051.1; 1052(a); 1075; 1080.4; 1090.2; 1090.5; 1090.7; 1090.11; 1090.12(c); 1090.13; 1090.26; 1091.4; 1092.04(d); 1092.07; 1092.09; 1092.13; 1092.14(d); 1092.15; 1104.1(a)(1); 1105, 1106.1; 1106.3(a).
(b) Infractions shall not be prosecuted if they are corrected within 10 working days of issuance of notification of the violation. Notification and response must be by certified mail. Date of certification identifies date of notification and response.
NOTE

Authority cited: Sections 4551, 4551.5, 4553 and 4601.4, Public Resources Code. Reference: Section 4601.4, Public Resources Code.
HISTORY

1. New section filed 10-30-2001; operative 1-1-2002 (Register 2001, No. 44). For prior history, see Register 90, No. 45.
Article 4. Timber Site Classification
§1060. Site Classification.
Note     •     History

The site classification system of productive potential of timberland for administration of the Act and rules thereunder is set forth in the table hereinafter: 

TIMBER SITE CLASSIFICATION TABLE

												Ponderosa Pine
		Young Growth			Jeffery Pine, Mixed
		Redwood1	Douglas fir2		Conifer & True Fir3

	Site
	Class	Site Index4	Site Index4	Site Index4	Site Index5

	feet @	meters @	feet @	meters @	feet @	meters @	feet @	meters @
	100 yrs.	100 yrs.	100 yrs.	100 yrs.	100 yrs.	100 yrs	300 yrs	300 yrs.
I	180 or	54.86 or	194 or	59.12 or	114 or	35.11 or	163 or	49.68 or
	more	more	more	more	more	more	more	more
II	155-179	47.24-	164-193	49.99-	93-113	28.35-	138-162	42.06-
		54.56		58.83		34.44		49.38
III	130-154	39.62-	134-163	40.84-	75-92	22.86-	113-137	24.44-
		46.94		49.68		28.04		41.76
IV	105-129	32.00-	103-133	31.39-	60-74	18.29-	88-112	26.82-
		39.32		40.54		22.56		34.14
V	Less than	Less than	Less than	Less than	Less than	Less than	Less than	Less than
	105	32.00	103	31.39	60	18.29	88	26.82

1Lindquist, James L., and Marshall N. Palley. Empirical yield tables for young-growth redwood, Calif. Agri. Exp. Stn. Bull. 796, 47 pp. 1963 (Site index based on average height of dominant trees at breast height age of 100 years). Use in young growth redwood stands in which more than 20% of the stand by basal area is redwood and when sufficient dominant redwood trees are available to determine site index.
2McArdle, Richard E., and Walter H. Meyer. The yield of Douglas fir in the Pacific Northwest. USDA Tech. Bull. 201, 74 pp. Rev. 1961. Adjusted to average height of dominant trees after Forest Research Note No. 44, Pacific Northwest Forest and Range Experiment Station, by Forest Survey, Calif. Forest and Range Exp. Stn. 1948 (Site index based on average height of dominant trees at age 100 years). Use in young growth redwood stands in which 20% or less of the stand by basal area is redwood or when sufficient dominant redwood trees are not available to determine site index. Use also in old growth redwood stands. In such cases, measure Douglas-fir trees for determining site index. Also use for Sitka spruce, grand fir, hemlock, bishop pine, and Monterey pine stands.
3Dunning, Duncan. A site classification for the mixed-conifer selection forests of the Sierra Nevada. USDA Forest Serv. Calif. Forest and Range Exp. Stn. For. Res. Note 28, 21 pp. 1942 (Site index based on average height of dominant trees at age 100 and 300 years). Use also for lodgepole pine stands. For old growth stands use height of dominants at age 300 years.
4Average total height in feet and meters of dominant trees at 100 years of age.
5Average total height in feet and meters of dominant trees at 300 years of age.
NOTE

Authority cited for Article 4 (Section 1060): Sections 4528(d) and 4551, Public Resources Code. Reference: Section 4528(b), Public Resources Code. 
HISTORY

1. Editorial correction of table headings (Register 96, No. 50).
Article 5. Standardized Stocking Sampling Procedures
§1070. Stocking Sampling.
Note     •     History

The objective of this article is to describe the stocking sampling procedures that the timber owner or his agent shall use to determine if the stocking standards of the Act and rules have been met following the completion of a timber operation.
NOTE

Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Sections 4512 and 4513, Public Resources Code.
HISTORY

1. Repealer of Article 5 (Sections 1070-1077) and new Article 5 (Sections 1070-1075) filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
§1071. Minimum Stocking Standards.
Note     •     History

Within five years after the completion of timber operations or as otherwise specified in the rules, a report of stocking on the entire area logged under the plan and shown on a revised map shall be filed with the Director by the timber owner or the agent thereof. If stocking is required to be met upon completion of timber operations the stocking report shall be submitted within six months of the completion of operations.
The minimum acceptable stocking standards on logged areas which were acceptably stocked prior to harvest are those specified in the Coast, Northern and Southern Forest District rules. If not otherwise specified, the following minimum standards apply:
(a) On Site I timberlands as defined by the Board, the average residual basal area, measured in stems one inch or larger in diameter shall be at least 85 square feet per acre; or on Site II or lower shall be at least 50 square feet per acre; or
(b) The area contains an average point count of 300 per acre on Site I, II, and III lands or 150 on Site IV and V lands as specified in PRC 4561.
See 14 CCR 912.7, 932.7 and 952.7 for information for the point count values of various size trees and for determining how sprouts will be counted toward meeting stocking requirements.
NOTE

Authority cited: Sections 4551 and 4561.1, Public Resources Code. Reference: Sections 4561 and 43561.1, Public Resources Code.
HISTORY

1. Editorial correction filed 8-29-84; effective thirtieth day thereafter (Register 84, No. 35).
2. Amendment of first and last paragraphs filed 8-7-95; operative 8-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 32).
§1072. Stocking Sampling Procedures.
Note     •     History

The procedures set forth in this article shall be adhered to when sampling for stocking. More than one procedure for sampling may be used on plans where more than one regeneration method or intermediate treatment is used in the timber operations.
The sampling procedures are divided into the following categories:
(a) Basal Area Stocking Sampling Procedure. This procedure shall be used where it is necessary to determine whether the specific basal area standards for such situations as the selection and shelterwood (preparatory steps) regeneration methods and commercial thinning intermediate treatment have been met.
(b) Point Count Stocking Sampling Procedure. This procedure shall be used where it is necessary to determine whether specific point count standards must be met. For example, the procedure can be used for the clearcut and seed tree regeneration methods.
(c) Combination Stocking Sampling Procedure. This procedure shall be used where stocking standards can be met using either basal area or point count, such as for the sanitation-salvage intermediate treatment, alternative prescriptions, or where exceptions to the stocking standards have been provided for in the rules and are specified in the plan.
(d) Waiver Request Procedure. This procedure may be used to request from the Director a waiver of sampling procedures provided in 14 CCR 1072(a), (b), or (c) where, based upon an RPF's, an RPF supervised designee's, or owner of timberland's inspection, he/she has determined that the stocking requirements of the Act and rules have obviously been met.
NOTE

Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Sections 4561 and 4587, Public Resources Code.
HISTORY

1. Amendment of subsection (d) filed 7-16-84; effective thirtieth day thereafter (Register 84, No. 29).
2. Amendment of subsection (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§1072.1. Number of Plots Required.
Note

There shall be at least one plot per acre, with a minimum of 20 plots, for each timber operating area sampled. The timber owner or his/her agent is encouraged, in lieu of sampling the entire logged area or area being sampled, to delineate by ocular estimate the least stocked 40 acres (16.187 ha) of the logged area or area being sampled and sample this area to determine if it is acceptably stocked. If the least stocked area sampled is determined to be acceptably stocked in accordance with these regulations, the entire logged area, or area being sampled, shall be assumed to be acceptably stocked. If the area sampled is not acceptably stocked the area sampled shall be regenerated to bring it into conformance and the remainder of the logged area shall be sampled, or the next least stocked 40 acres (16.187 ha) shall be sampled to determine whether the rest of the logged area is acceptably stocked.
The Director, in making the stocking inspection specified in PRC 4588 may, independent of the sample specified in the Report of Stocking, sample what he determines is the least stocked 40 acres (16.187 ha) of the logged area to determine if the area is stocked.
NOTE

Authority cited: Sections 4551, 4561 and 4587, Public Resources Code. Reference: Sections 4561, 4587 and 4588, Public Resources Code. 
§1072.2. Plot Layout.
Note

Plots shall be placed on the area being sampled in a uniform grid. The grid shall be considered uniform if the distance between lines does not exceed by two and one half times the distance between plots on the lines.
The starting point of each plot line shall be referenced to a survey corner if convenient or to a suitable, readily locatable permanent landmark and shall be indicated in the Report of Stocking and flagged in the field. The compass bearings shall be recorded in the Report of Stocking.
NOTE

Authority cited: Sections 4551, 4561 and 4587, Public Resources Code. Reference: Sections 4561 and 4587, Public Resources Code.
§1072.3. Equipment.
Note

The following equipment and methods for measuring distance are acceptable when basal area, point count, or combination stocking sampling procedures are used. Hand compass and pacing may be used for locating plot centers. A measuring tape or other calibrated measuring device shall be used for determining the radius of plots. For basal area and combination stocking sample procedures, an angle-gauge, wedge prism, or other device capable of measuring ocularly a predetermined angle (to determine basal area) will normally be needed.
NOTE

Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Section 4587, Public Resources Code.
§1072.4. Exclusions.
Note

Roads and landings that will not be regenerated, meadows, wet areas, rocky areas, and areas not normally bearing timber shall not be used as plot centers for sampling purposes. Stream protection zones may be excluded from the sample where stocking cannot be achieved due to legal restrictions on regenerating the zone and it is explained in the stocking report. Notwithstanding the provisions of 14 CAC 1072.2, a random right/left offset from the plot center may be used. Alternatively the plot may be treated as an unstocked plot for purposes of determining acceptable stocking. The reason for the offset shall be stated in the stocking report.
Offsets shall be in one-half chain (33 feet) (10.06 m) intervals at a right angle to the plot line with a maximum distance of 1.5 chains (99 feet) (30.19 m) allowed. The direction and distance of the offset, if any, shall be noted on the plot sheet.
NOTE

Authority cited: Sections 4551, 4561 and 4587, Public Resources Code. Reference: Sections 4561 and 4587, Public Resources Code.
§1072.5. Basal Area Stocking Sampling Procedure.
Note

The silvicultural rules of each forest district and the Act contain basal stocking standards to be met following the completion of a timber operation. The following procedure shall be used to determine if these stocking standards have been met: One or more basal area factors suitable for determining stocking shall be used. The same basal area factor shall be used on all of the plots on a sampling area. A countable tree for basal area is described in PRC 4528. If each plot has a minimum basal area equal to or greater than that specified in 1071(a), or as required by the rules if different, then the plot shall be counted as stocked.
NOTE

Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Section 4587, Public Resources Code. 
§1072.6. Point Count Stocking Sampling Procedure.
Note     •     History

The silvicultural rules of each forest district and the Act contain point count stocking standards to be met following the completion of a timber operation. The following procedure shall be used to determine if these stocking standards have been met.
Since there are separate values for three different size classes, three circular concentric plots may be needed at each plot center. The following standards are for a 300 point count.
(a) For trees counted as one point each, a plot with a 6.80 foot radius is used (1/300th of an acre). If a countable tree of a value of at least one point is found in the plot, it is stocked, so recorded, and the timber owner or agent thereof moves on to the next plot center. If no countable tree is found, the next concentric plot is measured.
(b) For trees counted as three points each, a plot with a 11.78 foot radius is used (1/100th of an acre). If a countable tree of a value of at least three points is found in the plot, it is stocked, so recorded, and the timber owner or the agent thereof moves on to the next plot center. If no countable tree is found, the next larger concentric plot is measured.
(c) For trees counted as six points each, a plot with a 16.65 foot radius is used (1/50th of an acre). If a countable tree of a value of at least six points is found in the plot, it is stocked. If no countable trees of the required sizes are found in the three concentric plots, the plot center is recorded as being unstocked and the timber owner or agent thereof moves on to the next plot center. For point counts of 450 per acre, the three concentric circular plot radius sizes are: 5.55 feet (1/450th of an acre), 9.61 feet (1/150th of an acre), and 13.6 feet (1/75th of an acre). For point counts of 150 per acre, the three concentric circular plot radius sizes are: 9.61 feet (1/150th of an acre), 16.65 feet (1/50th of an acre), 23.55 feet (1/25th of an acre).
The point count values of various size trees and for determining how sprouts will be counted is found in 14 CAC 912.7, 932.7 and 952.7.
NOTE

Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Section 4587, Public Resources Code.
HISTORY

1. Editorial correction filed 8-29-84; effective thirtieth day thereafter (Register 84, No. 35). 
§1072.7. Combination Stocking Sampling Procedure.
Note

The procedure is used where the silvicultural rules of each forest district and the Act allow the stocking standards to be met through combination of point count and basal area. The following procedure shall be used to determine if these stocking standards have been met: At each plot center the timber owner or agent thereof shall check for either basal area or countable trees. The same basal area factor shall be used on all plots in the sample. If the plot is not stocked with countable trees as specified in 14 CAC 1072.5, it shall be necessary to sample for countable trees as specified in 14 CAC 1072.6.
NOTE

Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Section 4587, Public Resources Code. 
§1073. Unacceptable Results.
Note

(a) No more than five (5) unstocked plots shall be contiguous to each other. A contiguous unstocked plot is any plot within the rectangle constructed around the two adjacent plots on the same line and the three plots adjacent to them on the two nearest lines. See Figure 1073(a).
An unstocked plot shall not be counted as contiguous to another unstocked plot if any of the following occur:
(1) Where, in use of the point count or combination stocking sampling procedure, an unstocked plot has a countable tree located in the largest circular concentric plot described in the procedure. 
(2) Where the forest practice rules allow only the basal area sampling procedure to be used, the continuity of the six contiguous plots may be considered broken if one or more of the contiguous unstocked plots meets the minimum stocking standards of the Act.
(b) If there are more than five (5) unstocked plots contiguous to each other, the sample shall be assumed to be understocked except where application of the following gives a number of less than six (6).

	(CUP) x (SA)	--	(SIP) x (0.5) x (SA)	is less than 6
	(NPS)		(NPS)
CUP--Number of contiguous unstocked plots
SA--Acres in sample area
SIP--Number of stocked intermediate plots
NPS--Number of plots in sample, excluding intermediate plots. An intermediate plot is a plot placed halfway between two unstocked plots in the sample.

View Graphic

Legend
O--Initial Plot C--Contiguous Plots
X--Non-Contiguous Plots -- --Survey Line

Figure 1073(a) Example of the rectangle enclosing contiguous plots
(c) If less than 55% of the plots are stocked when using the basal area, point count, or combination stocking sampling procedures, it is assumed that the area being sampled is understocked. The timber owner or agent thereof shall delineate the understocked areas in the report of stocking. If the timber owner or the agent thereof still believes the area to be stocked, another sample may be run. The second sample shall be laid out in the same manner as the first sample, with the additional plots lying halfway between the initial plot lines. For statistical analysis, the two samples shall be combined and analyzed together.
NOTE

Authority cited: Sections 4551, 4561 and 4587, Public Resources Code. Reference: Sections 4561 and 4587, Public Resources Code. 
§1074. Waiver Request.
Note     •     History

The basal area, point count and combination stocking sampling procedures may be waived if the Director, and the owner of timberland or an RPF acting as agent for either the timber owner or owner of timberland, agree that the area is obviously stocked and each of the following conditions is fulfilled:
(a) A request for a waiver of sampling, if filed within five (5) years after completion of timber operations, or as otherwise specified in the Board's rules.
(b) The owner of timberland or an RPF states in the request for a waiver of sampling to the Director that he/she or that RPF's supervised designee has examined the plan area after completion of timber operations and believes those harvested areas for which a waiver of sampling is being requested obviously meet the stocking requirements of the Act and the applicable rules or regulations of the Board.
NOTE

Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Sections 4528 and 4561, Public Resources Code.
HISTORY

1. Amendment filed 7-16-84; effective thirtieth day thereafter (Register 84, No. 29).
2. Amendment of subsection (b) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§1074.1. Waiver Approval.
Note     •     History

If the Director agrees that an area is obviously stocked, then the sampling procedures are waived. If the Director does not agree that the stocking requirements of the Act and applicable rules of the Board have been met, the following shall occur:
(a) The Director shall return the request for a waiver as unacceptable to the owner of timberland or the RPF making the request.
(b) The timber owner or an RPF acting as his/her agent shall use the point count, basal area, or combination stocking sampling procedure, as appropriate on the area, to determine if the stocking requirements of the Act and rules have been met. The results of this sampling shall be submitted to the Director.
NOTE

Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Sections 4561 and 4587, Public Resources Code.
HISTORY

1. Amendment filed 7-16-84; effective thirtieth day thereafter (Register 84, No. 29).
2. Amendment of subsection (a) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§1075. Report of Stocking.
Note

A Report of Stocking on a form acceptable to the Director, certifying that the area logged does not meet or meets minimum stocking standards, shall be submitted by the timber owner or the agent thereof to the Director within five (5) years after completion of timber operations, or as otherwise specified in the rules. The report shall contain the following information:
(a) Name, address, and telephone number of timber owner(s) or agent thereof.
(b) The plan number.
(c) Name of person performing the stocking sampling.
(d) Map showing the sampling area, by sampling procedure, if more than one procedure is used; the plot locations indicating status as stocked or non-stocked.
(e The acreage of each sampling area. 
(f) The number of plot centers installed by sampling procedure.
(g) The number of stocked plots by sampling procedure.
(h) Certification by the timber owner or agent thereof.
(i) Either the plot reference data specified in 14 CAC 1072.2 or direction as to where the plot reference can be obtained.
The timber owner or agent thereof who files the Report of Stocking shall maintain on file the detailed data on the stocking sampling until such times as a Report of Satisfactory Stocking is issued by the Director. This data shall be available for inspection by the director and subject to use in enforcement proceedings.
NOTE

Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Sections 4528, 4561 and 4587, Public Resources Code. 
Article 6. Stocking Standards for Substantially Damaged Timberlands
§1080. Substantially Damaged Timberlands.
Note     •     History

NOTE

Authority cited: Sections 4551, 4553 and 4561.6, Public Resources Code. Reference: Section 4561.6, Public Resources Code.
HISTORY

1. Repealer of former Section 1080 filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24).
2. Renumbering and amendment of former Section 1085.1 to Section 1080 filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24). 
3. Renumbering of section 1080 to section 895.1 filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 7).  
§1080.1. Stocking Requirements for Substantially Damaged Timberlands.
Note     •     History

(a) The stocking standards to be maintained or established where substantial damage has occurred prior to the start of timber operations, or where such damage has occurred following the start of timber operations but before a stocking report has been submitted or approved by the Director, are:
(1) On Sites III and better, the stocking shall consist of at least ten (10) countable trees planted for each live tree harvested during conduct of salvage operations following the substantial damage, but need not exceed an average point count of 300 per acre (741.3 per ha). The number of live trees harvested shall be determined by stump count or by an equivalent procedure proposed by the RPF and approved by the Department.
(2) Where only dead, down, or dying trees were salvage logged following the substantial damage, no restocking is required.
(3) No restocking requirements need be met on substantially damaged timberlands on Sites IV and V after timber operations.
(b) If stocking standards were met, but substantial damage occurred before a report of stocking was approved by the Director, a report of stocking may be submitted and approved as specified in 14 CAC 1080.4(a).
NOTE

Authority cited: Sections 4551, 4553 and 4561.6, Public Resources Code. Reference: Section 4561.6, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 1085.2 to Section 1080.1 filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24). 
§1080.2. Timber Harvesting Plans for Substantially Damaged Timberlands.
Note     •     History

Where timber operations are to be conducted on any substantially damaged timberlands, they shall be designated and described in the Timber Harvesting Plan or the Emergency Notice of Timber Operations submitted to the Director.
NOTE

Authority cited: Sections 4551, 4553 and 4561.6, Public Resources Code. Reference: Sections 4561.6 and 4592, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 1085.6 to Section 1080.2 filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24).
§1080.3. Stocking Distribution.
Note     •     History

Any establishment of trees to meet the stocking requirement of 14 CAC 1080 shall be planned to ensure the most feasible utilization of suitable and available growing space and growing stock. The location, spacing, and site preparation measures to meet this requirement shall be described in the THP as shall also the area of timberland qualifying for the stocking standards set forth herein. No more than two restocking efforts shall be required provided that such efforts are accomplished in a good and workmanlike manner.
NOTE

Authority cited: Sections 4551, 4553 and 4561.6, Public Resources Code. Reference: Section 4561.6, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 1085.5 to Section 1080.3 filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24). Ed. Note--see also Section 1080.4 
§1080.4. Stocking Reports for Substantially Damaged Timberlands.
Note     •     History

(a) In the event that timberland becomes substantially damaged before a stocking report is submitted to the Director, a report may be submitted by the timber owner or his agent stating that the area was adequately stocked prior to the occurrence of substantial damage. A report of stocking for substantially damaged timberlands shall be a certification to the Director by a timber owner or agent thereof that the stocking requirements of 14 CAC 1080.1(a) and (b) have been met.
(b) The Director shall issue a satisfactory report of stocking if it can be certified, based upon first-hand knowledge, that the area was adequately stocked prior to the destruction of stocking. The owner or agent may appeal the Director's denial of his certification to the Board.
(c) Should only a portion of the plan area be substantially damaged, separate stocking reports (one for the damaged area and one for the undamaged area) may be filed.
NOTE

Authority cited: Sections 4551, 4553 and 4561.6, Public Resources Code. Reference: Sections 4561.6 and 4588, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 1085.5 to Section 1080.4 filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24). Ed. Note--see also Section 1080.3 
§1080.5. Time Period to Meet Stocking Requirements.
Note     •     History

The restocking effort required by 14 CAC 1080.1 shall be accomplished within 5 years after completion of timber operations for salvage or harvest of timber from substantially damaged timberlands unless a longer period of time is needed and is approved by the Board for a specified area.
NOTE

Authority cited: Sections 4551, 4553 and 4561.6, Public Resources Code. Reference: Section 4561.6, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 1085.3 to Section 1080.5 filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24). 
§1081. Understocked Timberland in Northern and Southern Forest Districts.
Note     •     History

NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4583, 4587 and 4588, Public Resources Code.
HISTORY

1. Repealer filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24). 
§1081.1. Limitations.
Note     •     History

NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561 and 4561.5, Public Resources Code.
HISTORY

1. Repealer filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24). 
§1085. Stocking Standards for Substantially Damaged Timberlands.
Note     •     History

NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Section 4561.6, Public Resources Code.
HISTORY

1. Repealer filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24). 
§1085.1. Substantially Damaged Timberlands.
Note     •     History

NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Section 4561.6, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 1085.1 to Section 1080 filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24). 
§1085.2. Stocking Requirements for Substantially Damaged Timberlands.
History

HISTORY

1. Renumbering and amendment of Section 1085.2 to Section 1080.1 filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24). 
§1085.3. Time Period to Meet Stocking Requirements.
History

HISTORY

1. Renumbering and amendment of Section 1085.3 to Section 1080.5 filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24). 
§1085.4. Stocking on Areas Previously Logged.
History

HISTORY

1. Repealer filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2 (d) (Register 83, No. 24). 
§1085.5. Stocking Distribution and Stocking Reports.
History

HISTORY

1. Renumbering and amendment of Section 1085.5 to Sections 1080.3 and 1080.4 filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24). 
§1085.6. Plan Filing.
History

HISTORY

1. Renumbering and amendment of Section 1085.6 to Section 1080.2 filed 6-7-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24). 
Article 6.5. Nonindustrial Timber Management Plan Administration
§1090. Rule Application.
Note     •     History

Where the abbreviation THP, the term Timber Harvesting Plan, or the word plan is used in chapter 4, subchapters 1 through 6 and chapter 4.5 it shall also mean Nonindustrial Timber Management Plan as specified in article 7.5 of the Public Resources Code. In subchapter 7 this equivalency will occur for all sections except 1031 through 1042.
NOTE

Authority cited: Stats 1989, Ch. 1290, Sec. 13, Section 4551, Public Resources Code. Reference: Sections 4593 and 4593.3, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.1. Timber Management Plan and Notice of Timber Operations Filing Locations.
Note     •     History

The Nonindustrial Timber Management Plan (NTMP) or Notice of Timber Operations (Notice) for proposed timber operations provided for by Article 7.5, Chapter 8, Part 2, Division 4 of the Public Resources Code (commencing with section 4593) shall be submitted in writing to the Director at the appropriate CAL FIRE Review Team Office having jurisdiction for the timber operations, and shall contain the information specified in 14 CCR §1090.5.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551, 4593.4, and 4593.5, Public Resources Code. Reference: Sections 4593 and 4593.5, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2. Change without regulatory effect amending section filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§1090.2. NTMP Submittal and Notice of Preparation.
Note     •     History

(a) A plan shall be submitted by the person who owns the timberland included in the plan.
(b) Where the timber is owned by parties other than the landowner, the landowner shall give prompt written notice of such plan to those parties.
(c) The plan submitter shall prepare and submit to the Director, with the plan, a Notice of Preparation to Harvest Timber (Notice of Preparation)
(1) if any proposed plan boundary lies within 300 feet of any property owned by any person other than the plan submitter, or
(2) with any plan amendment that changes a plan boundary so that the new boundary lies within 300 feet of any property owned by any person other than the plan submitter, or
(3) with any plan amendment that changes the silvicultural method if a Notice of Preparation was required for the plan by condition (1) or (2) above.
(d) A Notice of Preparation shall include the following information:
(1) The name of the plan submitter.
(2) The location of the plan area by county, section, township, and range, and the approximate direction and distance to the plan area from the nearest community or well-known landmark.
(3) The name of the nearest perennial blue line stream flowing through or downstream from the plan area.
(4) The acreage of the area to be included in the plan.
(5) The silvicultural method(s) proposed.
(6) The estimated earliest date that the Director may approve the plan.
(7) A statement that the public may review the plan at the specified CAL FIRE Review Team Office and a reasonable per page copy fee may be set by the Director for additional copies.
(e) The person submitting the plan shall furnish to the Department at the time of submission of the plan, a list of all persons, including their mailing addresses, who hold legal or equitable title to property within 300 feet of the plan boundary. Either a list compiled from the latest equalized assessment roll or a list provided by a title insurance company doing business in California shall be deemed sufficient for compliance with the subsection.
(f) The Department shall mail copies of the Notice of Preparation within 2 working days of receipt of the plan to all persons identified in (e) above.
(g) Prior to plan submission, the person submitting the plan shall post a copy of the Notice of Preparation at a conspicuous location that is easily visible to the public and near the plan site. Notwithstanding other Board rules, the notices required by Section 1032.10 of this article shall be completed prior to submission of the NTMP, and within counties with special rules, (14 CCR, Subchapter 4, Art. 13, commencing with section 924, and Subchapter 6, Art. 13, commencing with Section 965.) the noticing requirements will be the same as for a THP.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551, 4593.4, 21080 and 21092, Public Resources Code. Reference: Sections 4551, 4593 and 4593.4, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2. Amendment of subsection (g) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
3. Change without regulatory effect amending subsection (d)(7) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§1090.3. Notice of Preparation - Distribution by Director.
Note     •     History

The Director shall distribute copies of each Notice of Preparation within 2 working days of receipt to:
(a) The Office of the County Clerk of the county in which operations are proposed for posting at the customary place for posting environmental affairs.
(b) The local Ranger Unit headquarters for posting.
(c) At such other locations as the Director may deem desirable and feasible to provide adequate public notice.
(d) Any additional distribution of the notice required by the rules of the Board for individual counties.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551, 4593.4, and 21092, Public Resources Code. Reference: Sections 4551, 4593, and 4593.4, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.4. Request for Notification of NTMP or Notice of Timber Operations Submission.
Note     •     History

(a) Each applicable CAL FIRE Review Team Office shall maintain a list of NTMPs or Notice of Timber Operations submitted each day.
(b) When any person requests notice of submissions of timber management plans, the Director shall provide the person, free of charge, with a copy of the list of NTMPs or Notices of Timber Operations submitted on the date or dates requested. If no specific date is requested, a copy of the lists for the preceding week shall be provided.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.4, Public Resources Code. Reference: Sections 4551, 4593, 4593.4, 21080.5, 21081 and 21092, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2. Change without regulatory effect amending section filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§1090.5. Contents of NTMP.
Note     •     History

The plan shall serve three functions:
(1) to provide information the Director needs to determine whether the proposed NTMP conforms to the rules of the Board;
(2) to provide information and direction for timber management so it complies with the rules of the Board and the management objectives of the landowner; and
(3) to disclose the potential effects of timber management to the public. For the plan to serve these functions, it shall, as a minimum, contain the following information:
(a) Name, address, and telephone number of the timberland owner(s) or designated agent.
(b) Name, address, and telephone number of the timber owner(s) (If different).
(c) Name, address, telephone number, and registration number of RPF who prepared the plan.
(d) A description of the plan area within which timber operations are to be conducted. The description shall include the following:
(1) U.S. Geological Survey (USGS) Quadrangle name(s) and date(s),
(2) township, range, and section number(s),
(3) county name(s),
(4) CALWATER 2.2 planning watershed number(s), and
(5) approximate acreage.
(e) The forest district and subdistrict (if any) in which the NTMP is located.
(f) A description of present and proposed plan area uses other than timber production.
(g) A description by management units(s) of the timber stand characteristics including species composition, age classes, projected growth, present stocking level, present volume per acre, size class distribution, stand management history, and potential pest or protection problems. The description shall provide the basis for the information provided.
(h) A description by management unit(s) of the proposed management objectives, including a discussion of projected timber volumes and sizes available for timber harvesting, managed.
(i) A description by management unit(s) of proposed activities to achieve the management objectives. This must include
(1) projected frequencies of harvest,
(2) silvicultural prescriptions for harvesting,
(3) type of yarding systems to be used for each area,
(4) anticipated interim management activities which may result in rule compliance questions (i.e. erosion control maintenance).
(j) The period of time over which growth will be balanced with harvest.
(k) A description of any cultural or historical resources known to exist with a description of possible impacts and protection methods to be used during timber operations.
(l) Whether a timberland conversion certificate is in effect, its date of expiration, and its identification number.
(m) Whether a timber harvesting plan is on file with the Department for any part of the plan area and if a Report of Satisfactory Stocking has been issued by the Department (show plan number).
(n) Information on the presence and protection of any known key habitat or individuals of any threatened or endangered plant or animal species that are listed in the Department of Fish and Game inventories prepared pursuant to the Fish and Game Code or any species of special concern as designated by the Board in these rules.
(o) A description of potential impacts and protections for the quality and beneficial uses of waters within watercourses, lakes, and wet areas.
(p) A description of soils, surface erosion hazard, mass wasting erosion hazard, and erosion control measures.
(q) A description of the existing and proposed road system to be used in implementation of the management plan.
(r) A description of how the site preparation standards and stocking standards will be met.
(s) A description of the proposed yarding methods including protection of residual trees, watercourse crossings, operation on unstable areas.
(t) A description of slash treatment for site preparation, fire protection and pest protection consideration.
(u) A description of the cumulative effects analysis with supporting information, including impact of projected harvesting over the life of the plan.
(v) A copy of the forest practice regulations in effect at the time of submission.
(w) On a USGS quadrangle or equivalent topographical map of a scale not less than 2” to the mile, the following information shall be clearly provided. Additional maps may be required to show specific details, and may be planimetric. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used. See the district rules for the appropriate minimum mapping acreages.
(1) boundaries of management plan(s) and management unit(s).
(2) boundaries of regeneration methods, intermediate treatments, special harvesting methods, and alternative prescriptions that are to be applied.
(3) boundaries of yarding (logging) systems, if more than one system is to be used.
(4) location of public roads within the plan area, and private roads appurtenant to the timber operations where such roads are under the ownership or control of the timberland owner and are contiguous with the plan area, and classification of all proposed and existing logging roads as permanent, seasonal, or temporary roads.
(5) probable location of proposed and existing landings in the watercourse and lake protection zone, and landings outside the zone that are greater than 1/4 acre in size or whose construction involves substantial excavation.
(6) road failures on existing roads to be reconstructed.
(7) location of all existing and proposed permanent watercourse crossing drainage structures and temporary crossings on Class I and II watercourses on roads; if a permanent culvert is involved, its minimum diameter shall be provided.
(8) location of area(s) of high or extreme erosion hazard rating.
(9) location of all watercourses with Class I, II, III, or IV waters.
(10) location of known unstable areas or slides.
(11) location of understocked areas and other areas not normally bearing timber to at least a 20-acre minimum, or as specified in the district rules.
(12) location of boundaries of timber-site classes needed for determination of stocking standards to be applied, down to at least a 10- acre minimum or as specified in the district rules.
(13) location of unique areas including, Coastal Commission Special Treatment Areas or any special treatment area.
(14) A soils map where available.
(x) Any additional information that is submitted on separate pages shall be clearly marked ”plan addendum” and shall bear the date on which it was prepared.
(y) Explanation and justification for, and specific measures to be used for, tractor operations on unstable areas, on slopes over 65%, and on areas where slopes average over 50% and the EHR is high or extreme.
(z) Explanation and justification for tractor operations in areas designated for cable yarding.
(aa) Winter period operating plan where appropriate.
(bb) Explanation and justification for use of watercourse, marshes, wet meadows, and other wet areas as landings, roads, or skid trails.
(cc) Explanation and justification of any in-lieu or alternative practices for watercourse and lake protection.
(dd) Explanation of alternatives to standard rules for harvesting and erosion control.
(ee) Explanation and justification for landings that exceed the maximum size specified in the rules.
(ff) Any other information required by the rules or the Act to be included in the plan. The district rules provide for exceptions and alternatives to standard requirements that require inclusion of information in the NTHP.
(gg) Where roads, watercourse crossings, and associated landings in the logging area will be abandoned, the methods for abandonment shall be described.
(hh) On a map complying with subsection 1090.6(x), the locations and classifications of roads, watercourse crossings, and landings to be abandoned shall be shown.
(ii) A certification by the RPF preparing the plan that he, she, or a designee personally inspected the area.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.3, Public Resources Code. Reference: Sections 4593 and 4593.3, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2. New subsections (kk) and (ll) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
3. Subsections (kk) and (ll) repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
4. Repealer of subsection (d), new subsections (d)-(d)(5) and relettering of former subsections (m)-(jj) as subsections (l)-(ii) filed 11-21-2000; operative 1-1-2001 (Register 2000, No. 47).
§1090.6. Notice of Timber Operations.
Note     •     History

Following confirmation by the nonindustrial tree farmer that all necessary field work is functional and useable (including, flagging or marking), the nonindustrial tree farmer who owns, leases, or otherwise controls or operates on all or any portion of any timberland within the boundaries of an approved Nonindustrial Timber Management Plan shall submit a Notice of Timber Operations including the certification required by PRC §4594.6 to the appropriate CAL FIRE Review Team Office. Timber operations may commence immediately unless the notice has been filed by mailing, in which case operations may commence 3 days after the notice has been mailed.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4594, Public Resources Code. Reference: Section 4594, Public Resources Code.
HISTORY

1. New section filed 7-11-91 operative 8-12-91 (Register 91, No. 44).
2. Amendment filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
3. Change without regulatory effect amending section filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§1090.7. Notice of Timber Operations Content.
Note     •     History

The purpose of the Notice of Timber Operations is to provide guidance for implementation of the standards and protective measures in the approved NTMP or most recent amended NTMP and the applicable rules of the Board. For the Notice to serve these functions, it shall as a minimum, contain the following:
(a) Identification number of the NTMP
(b) The name and address and phone number of the timberland owner, the timber owner, the Registered Professional Forester, the Licensed Timber Operator and number, the person responsible for on the ground supervision of the timber operations.
(c) Expected dates of commencement and completion of timber operations.
(d) A legal description (Section, Township, Range) of the area of the NTMP on which timber operations will be conducted.
(e) Identification of silvicultural prescriptions to be applied.
(f) The type of heavy equipment to be used for yarding or road construction.
(g) A statement that no archeological sites have been discovered in the harvest area since the approval of the NTMP.
(h) A statement that no listed species has been discovered in the cumulative impacts assessment area since the approval of the NTMP.
(i) A statement that there have been no physical environmental changes in the cumulative impacts assessment area that are so significant as to require any amendment of the NTMP.
(j) Special provisions, if any, to protect any unique area within the area of timber operations.
(k) Instructions on felling, yarding, road construction or reconstructions, hauling, erosion control work, site preparation, erosion control maintenance, winter operations, watercourse protection measures and slash treatment.
(l) A certification by the RPF that the notice as submitted will carry out
(1) the best management practices for the protection of the beneficial uses of water, soil stability, forest productivity, and wildlife as required by the current rules of the Board, or
(2) is consistent with the plan and will not result in significant degradation of the beneficial uses of water, soil stability, forest productivity, or wildlife or be in violation of applicable legal requirements.
(m) A verification that the LTO has been briefed by the RPF on the content of the notice and intentions of implementation to comply with the management plan.
(n) On a USGS quadrangle or equivalent map of a scale not less than 2” to the mile, the following information pertinent to the Notice of Operations shall be clearly provided. Additional maps may be required to show specific details, and may be planimetric. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used. See the district rules for the appropriate minimum mapping acreages.
(1) Boundaries of area to be harvested (quadrangle map or its equivalent).
(2) Boundaries of areas for specified regeneration methods, intermediate treatments, special harvesting methods, and alternative prescriptions that are to be applied.
(3) Boundaries of areas for specified yarding (logging) systems, if more than one system is to be used.
(4) Location of public roads within the Notice area, and private roads appurtenant to the timber operations where such roads are under the ownership or control of the timberland owner, and are contiguous with the Notice area, and classification of all proposed and existing logging roads as permanent, seasonal, or temporary roads.
(5) Location of proposed and existing landings in the watercourse and lake protection zone, and landings outside the zone that are greater than 1/4 acre in size or whose construction involves substantial excavation.
(6) Road failures on existing roads to be reconstructed.
(7) Location of all existing and proposed watercourse crossings on logging and tractor roads; if a permanent culvert is involved, its minimum diameter shall be provided.
(8) Designate areas of high or extreme erosion hazard rating, if more than one.
(9) Location of watercourse with Class I, II, III or IV waters.
(10) Location of known unstable areas or slides.
(11) Location of unique areas.
(o) Any other information the Board provides by regulation to meet its rules and the standards of this chapter.
(p) A statement that the Notice of Timber Operations conforms to the provisions of the approved NTMP.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4594, Public Resources Code. Reference: Section 4594, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2. New subsection (q) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of printing error restoring inadvertently omitted subsection (h) (Register 93, No. 34).
4. Subsection (d) repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
5. Amendment of subsections (h)-(i) filed 8-7-95; operative 8-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 32).
§1090.8. NTMP Professional Judgment.
Note     •     History

Where the rules or these regulations provide for the exercise of professional judgment by the forester (RPF) or the Director, if there is a disagreement and if requested by either party, they shall confer on the NTMP area during the NTMP review inspection and reach agreement, if possible, on the conditions and standards to be included in the plan.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Section 4551, Public Resources Code. Reference: Sections 4593, and 4593.7, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.9. Plan Submitter Responsibility.
Note     •     History

The plan submitter, or successor in interest, shall:
(a) Ensure that an RPF conducts any activities which require an RPF.
(b) Provide the RPF preparing the plan or amendments with complete and correct information regarding pertinent legal rights to, interests in, and responsibilities for land, timber, and access as these affect the planning and conduct of timber operations.
(c) Sign the NTMP certifying knowledge of the plan contents and the requirements of this section.
(d) Within five (5) working days of change in RPF responsibilities for NTMP implementation or substitution of another RPF, file with the Director a notice which states the RPF's name and registration number, address, and subsequent responsibilities for any RPF required field work, amendment preparation, or operation supervision. Corporations need not file notification because the RPF of record on each document is the responsible person.
(e) Provide a copy of the approved NTMP and Notice of Timber Operations to the LTO.
(f) Notify the Director prior to commencement of site preparation operations. Receipt of a burning permit is sufficient notice.
(g) Provide the RPF preparing the Notice and LTO each a copy of the current NTMP and subsequent amendments.
NOTE

Authority Cited: Stats. 1989, Ch. 1290, Sec. 13, Section 4551, Public Resources Code. Reference: Sections 4593, 4593.3, and 4594, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.10. Registered Professional Forester Responsibility.
Note     •     History

(a) Upon submission of a NTMP, the Registered Professional Forester (RPF) who prepares and signs a plan is responsible for the accuracy and completeness of its contents.
(b) The RPF preparing the plan shall:
1) inform the Director and landowner by phone or letter if he or she will be attending the review inspection; and
2) provide the landowner a copy of the rules of the Board in effect on the date of NTMP approval.
(c) The RPF preparing the Notice shall list or describe in the Notice any work which will be performed by the RPF Notice preparer or supervised designee. This may include, but is not limited to, field work in identifying watercourse and lake protection zones or special treatment areas, marking trees, or other activities. The RPF is only responsible for the activities required of the RPF by the rules of the Board and those activities for which he or she is employed.
(d) The RPF preparing the Notice shall, in writing, inform the plan submitter(s) of their responsibility pursuant to section 1090.10 of the article for compliance with the requirements of the Act and, where applicable, Board rules regarding site preparation, stocking, and maintenance of roads, landings, and erosion control facilities.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, and Section 4551, Public Resources Code. Reference: Sections 4593, 4593.3, and 4594, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2. Amendment of subsection (c) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§1090.11. Interaction Between RPF and LTO on Notice of Timber Operations.
Note     •     History

From the start of the preparation of the Notice of Timber Operation preparation but before commencement of operations, the responsible RPF shall meet with either the LTO, or supervised designee, who will be on the ground and directly responsible for the harvesting operation. The meeting shall be on site if requested by either the RPF or LTO. If any amendment is incorporated to the notice by an RPF after the first meeting, that RPF or supervised designee shall comply with the intent of this section by explaining relevant changes to the LTO; if requested by either the RPF or LTO, another on-site meeting shall take place.
The intent of any such meeting is to assure that the LTO:
(a) Is advised of any sensitive on-site conditions requiring special care during operations.
(b) Is advised regarding the intent and applicable provisions of the approved plan including amendments.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, and Section 4551, Public Resources Code. Reference: Sections 4593, 4593.3, and 4594, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2. Amendment of first paragraph filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§1090.12. Licensed Timber Operator Responsibilities.
Note     •     History

Each Licensed Timber Operator shall:
(a) Inform the responsible RPF and plan submitter, either in writing or orally, of any site conditions which in the LTO's opinion prevent implementation of the approved NTMP or Notice.
(b) Keep a copy of the applicable approved Notice and amendments available for reference at the site of active timber operations.
(c) Comply with all provisions of the Act, Board rules and regulations, the applicable Notice and any approved amendments.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, and Section 4551, Public Resources Code. Reference: Sections 4593, 4593.3, and 4594, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2. Repealer of subsection (b) and subsection relettering filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
§1090.13. Notification of Commencement of Operations.
Note     •     History

For each Notice of Timber Operations submitted, within fifteen days before, and not later than the day of the start up of a timber operation, the Submitter of the Notice, unless the NTMP identifies another person as responsible, shall notify CDF of the start of timber operations.
The notification, by telephone or by mail, shall be directed to the appropriate CDF Ranger Unit Headquarters, Forest Practice Inspector, or other designated personnel.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, and Section 4551, Public Resources Code. Reference: Sections 4593, 4593.3, and 4594, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.14. NTMP Deviations.
Note     •     History

(a) “Minor deviations” means any change, minor in scope, in a plan which can reasonably be presumed not to make a significant change in the conduct of timber operations and which can reasonably be expected not to significantly adversely affect timberland productivity or values relating to soil, water quality, watershed, wildlife, fisheries, range and forage, recreation, and aesthetic enjoyment or to result in a violation of the applicable water quality control plan.
(b) All other changes are presumed to be substantial deviations which means they could significantly affect the conduct in timber operations and potentially could have a significant adverse effect on timber productivity or values relating to soil, water quality, watershed, wildlife, fisheries, range and forage, recreation, and aesthetic enjoyment.
Such actions include, but are not limited to:
(1) Change in location of timber harvesting operations or enlargement of the area or volume planned to be cut.
(2) Change in the silvicultural method and cutting system on any portion of the plan area.
(3) Change in type or location of logging (yarding) system or basic type of equipment.
(4) Change in location, nature or increase in length of proposed logging roads incorporating one or more of the following criteria:
(A) Any road in a Watercourse or Lake Protection Zone or where sidecast will extend into the Watercourse or Lake Protection Zone.
(B) Any road located in an extreme Erosion Hazard bating area.
(C) Any road where the average side slope exceeds 50%.
(D) Any road where unstable areas, active soil movement, or slide areas must be traversed.
(E) Any increase in gradient allowed by the District Rules as an exception and not provided for in the original plan.
(F) Any road extension of more than 600 feet (182.9 m).
(5) Any use of existing roads not shown in the original plan when reconstruction work to allow for vehicle travel will be substantial. Substantial work on an existing road means more than minor repair and dressing of the travel surface and removal of vegetation to allow vehicle passage.
(6) Use of any roads not shown in the plan which would affect the key habitat of rare or endangered species or other critical wildlife habitat.
(7) Enlargement of landings where such enlargement was not justified in the original plan.
(8) Any change of operation in, or designation of, the Watercourse or Lake Protection Zone.
(9) Any downgrading of Watercourse classification.
(10) A change to winter operation where summer operations was previously specified.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593, Public Resources Code. Reference: Sections 4593, 4593.8 and 4593.9, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.16. Notice NTMP of Filing.
Note     •     History

(a) The Director shall prepare a notice of filing which shall contain the basic information contained in the Notice of Preparation (14 CCR 1090.2) plus the assigned timber management plan number.
(b) Within 2 working days of the date the plan is filed, the Director shall transmit copies of the Notice of Filing to:
(1) The person submitting the plan.
(2) The office of the County Clerk of the county in which the operations are proposed. The notice shall be posted at the normal place for posting environmental notices.
(3) The local Ranger Unit headquarters for posting.
(4) At such other locations as the Director may deem desirable and feasible to provide adequate public notice.
(5) All public agencies having custodial responsibility for lands within 300 feet of the NTMP boundary.
(6) Any person requesting in writing a copy of the notice.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551, and 4593.7, Public Resources Code. Reference: Sections 4593, 4593.3, and 4593.7, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.17. Agency and Public Review for the NTMP.
Note     •     History

(a) Upon receipt of the filed plan in accordance with 14 CCR 1090.16 the Director shall place it, or a true copy thereof, in a file available for public inspection, and shall transmit a copy to the Department of Fish and Game, the Department of Conservation, Division of Mines and Geology (California Geological Survey), and to the appropriate California Regional Water Quality Control Board, the Department of Parks and Recreation, the county planning agency and, if the areas are within their jurisdiction, to the California Tahoe Regional Planning Agency and the California Coastal Commission and all other agencies having jurisdiction by law over natural resources affected by the plan.
(b) The Director shall also transmit a copy of any specific plan to any person who has made a written request therefore.
(c) The Department shall bill such persons for the cost of providing such copies and such monies shall be paid to the Department.
(d) The Director shall invite written comments, and will consider these comments. All comments regarding plans shall be in writing and shall be addressed to the Director at the appropriate CAL FIRE Review Team  Office where the plan is filed.
(e) Any substantial deviation in the plan or the inclusion of “significant new information” (as described in 14 CCR §895.1), made during the Director's review of the plan shall require recirculation as described in this section and reopening or extending the public comment period for a minimum of thirty days.
(f) The Director shall take the following steps when “significant new information” is added to the plan during the course of plan review or during the Director's Determination period.
(1) When significant changes are limited to a few sections or portions of the plan, the Department need only recirculate the sections or portions that have been modified.
(2) When significant changes are not limited to a few sections of the plan, the Department shall recirculate the entire plan.
(3) The Department shall prepare a letter of recirculation which shall include:
(A) A brief description of the proposed project and its location. Such information shall include:
1. The Plan number and County.
2. The names of the timberland owner and the Plan Submitter.
3. The location of the plan area by county, section, township, and range.
4. The name of the nearest major watercourse or CAL Watershed ID.
5. The acres proposed to be harvested.
6. The silvicultural systems to be used. 
(B) A summary of changes made to the plan and a brief description of “significant new information” contained in the plan. 
(C) Clarification as to whether the entire plan or only those recirculated portions of the plan are open for public comment. 
(D) The starting and ending dates for the review period during which public comments will be received. 
(E) The date, time, and place of any scheduled public meetings when known by the lead agency at the time of notice. 
(F) The address where copies of the plan record is available for public review. 
(4) The letter of recirculation shall be sent to all review team members; any agency, person, or organization that commented on the plan; and all landowners who received a Notice of Intent (or Preparation). 
(5) The Department need only respond to: 
(A) Comments received during the initial circulation period that relate to sections or portions of the plan that were not revised and recirculated, and; 
(B) Comments received during the recirculation period that relate to the sections or portions of the plan that were revised and recirculated. 
(6) The Department shall include with the notice of submissions, a notice of recirculation pursuant to 14 CCR §1032.9. 
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.7, Public Resources Code. Reference: Sections 4593, 4593.4 and 4593.7, Public Resources Code, and Joy Road Area Forest and Watershed Association, v. California Department of Forestry & Fire Protection, Sonoma County Superior Court No. SCV 229850.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2. Amendment filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
3. Change without regulatory effect amending subsection (c) and adopting new subsection (d) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
4. New subsections (e)-(f)(6) and amendment of Note filed 1-5-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 1). 
§1090.18. Director's Determination.
Note     •     History

The Director shall have 45 days from the date the initial inspection is completed, or in the event the Director determines that such inspection need not be made, 45 days from the date of filing of an accepted plan in accordance with 14 CCR 1090.16 or such longer period as may be mutually agreed upon by the Director and the person submitting the plan, to determine if the plan is in conformance with the applicable rules adopted by the Board. The Director shall insure that an interdisciplinary review team has had an opportunity to review each plan before determining if the plan conforms to the rules of the Board. The Director shall consider all written comments regarding the plan.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.7, Public Resources Code. Reference: Sections 4593, 4593.4, and 4593.7, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.19. Review Teams to be Established to Review Timber Management Plan.
Note     •     History

Interdisciplinary review teams shall be established by the Director to review plans and assist the Director in the evaluation of proposed timber management plan(s) and its impacts on the environment. The Review Team composition, function, tasks and procedures shall be the same as those described in 14 CCR 1037.5.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.7, Public Resources Code. Reference: Sections 4593, 4593.4, and 4593.7, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.20. Nonconformance of NTMP.
Note     •     History

If the Director determines that a plan is not in conformance with the rules of the Board the plan shall be returned in accordance with 14 CCR 1054. In addition, the Director shall state any changes and reasonable conditions that in the Director's professional judgment are needed to bring the plan into conformance with the applicable rules of the Board and offer to confer with the forester (RPF) in order to reach agreement on the conditions necessary to bring the plan into conformance.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.7, Public Resources Code. Reference: Sections 4593, 4593.4, and 4593.7, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.21. Conformance of NTMP.
Note     •     History

If the Director determines that the plan is in conformance with the rules of the Board, then the person submitting the plan shall be notified timber operations thereunder may only commence after submission of a Notice of Timber Operations as prescribed in 14 CCR 1090.7.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.7, Public Resources Code. Reference: Sections 4593, 4593.4, and 4593.7, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.22. Notice of Conformance of the NTMP.
Note     •     History

Within 10 working days of the date a plan is found in conformance, the Director shall transmit a notice thereof to the agencies and persons referred to in 14 CCR 1090.17 and for posting at the places named in 14 CCR 1090.16. A copy of the notice shall be filed with the Secretary for Resources. The notice of conformance shall include a written response of the Director to significant environmental points raised during the evaluation process.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.7, Public Resources Code. Reference: Sections 4593, 4593.4, and 4593.7, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.23. Public Inspection.
Note     •     History

Notices of Conformance, pursuant to 14 CCR 1090.22 and notices of approval by the Board, pursuant to 14 CCR 1054, shall be available for public inspection, and a list of such notices shall be posted on a weekly basis in the Office of the Resources Agency. Each such list shall remain posted for a period of 30 days.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4593, 4593.4, and 4593.7, Public Resources Code. Reference: Sections 4593 and 4593.8, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.24. Amendment.
Note     •     History

Amendments proposing substantial deviation from an original plan shall be submitted to the Director in writing by the person who submitted the original plan, or the successor in interest. Substantial deviations shall not be undertaken until such amendment has been filed and acted upon by the Director in the manner as required in article 6.5 of subchapter 6 of these rules for the original plan.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.8, Public Resources Code. Reference: Sections 4593 and 4593.8, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.25. Report Minor Deviations.
Note     •     History

Minor deviations may be undertaken by the person who submitted the NTMP or Notice without submission of an amendment to the plan and shall be reported immediately in writing to the Director.
Actions described in 14 CCR 1090.14 which are normally presumed to be substantial deviations may, in a given instance, be minor deviations. Actions listed as substantial deviations in 14 CCR 1090.14 but considered to be minor by the submitter, may be undertaken only if the person who submitted the plan submits the proposed deviation in writing to the Director for review and receives approval.
Approval shall be given if the Director determines that the proposed minor deviation conforms to the standards provided in 14 CCR 1090.14(a). The Director shall have 5 working days to act on the application. If the Director or the representative of the Director does not act within 5 working days of receipt of such a deviation, timber operations may commence pursuant to such amendment.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.9, Public Resources Code. Reference: Sections 4593, 4593.8, and 4593.9, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2. Amendment filed 8-7-95; operative 8-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 32).
§1090.26. Change of Ownership.
Note     •     History

Any change in ownership of land must be reported to the Director by the new landowner within 180 days of the date such change is recorded in the county where the property is located. Also, before the passage of title, it shall be responsibility of the seller to notify the purchaser of either the timber or timberland of their responsibility for compliance with the stocking standards of the Act and the rules of the Board of Forestry.
After a plan is found in conformance with the rules and regulations of the Board, the Director may file a Notice of Stocking Requirements on the property with the recorder of the county within which the plan is located if any area logged under a Notice of Timber Operations has not had a report of satisfactory stocking is issued by the Director.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.10, Public Resources Code. Reference: Sections 4593, 4593.4 and 4593.10, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
§1090.27. Cancellation of Plans.
Note     •     History

All parties, who submitted plans or their successors, must sign the request to the Director for cancellation of a plan. Once cutting has commenced, the plan may not be canceled except as to lands not harvested.
NOTE

Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Section 4551, Public Resources Code. Reference: Sections 4593, 4593.4, and 4593.7, Public Resources Code.
HISTORY

1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
Article 6.75 Sustained Yield Plan
§1091.1. Sustained Yield Plan.
Note     •     History

(a) General. This Article establishes requirements applicable to Sustained Yield, watershed impacts, and fish and wildlife.
(b) Authority and Intent. This Article carries out the Legislature's direction that the Board adopt regulations to assure the continuous growing and harvesting of commercial forest tree species and to protect the soil, air, fish and wildlife, and water resources in accordance with the policies of the Forest Protection ACT (FPA). Those policies include creating and maintaining a system of timberland regulations and use which ensures that timberland productivity is maintained, enhanced and restored where feasible and the goal of maximum sustained production of high-quality timber products (MSP) is achieved while giving consideration to environmental and economic values. The Sustained Yield Plan (SYP) may be submitted at the option of the landowner and is intended to supplement the THP process by providing a means for addressing long-term issues of sustained timber production, and cumulative effects analysis which includes issues of fish and wildlife and watershed impacts on a large landscape basis.
In the interpretation and implementation of this Article, it is recognized that the accuracy of, and therefore the need for, detailed future projections becomes less as the time horizon lengthens. It is not the intent of this Article that speculation shall be promoted such that analyses shall be undertaken which would produce only marginally reliable results or that unneeded data would be gathered. Moreover, it is recognized that in certain cases, landowners, and particularly owners of smaller areas, may not have nor can be reasonably expected to obtain or project information which otherwise might be helpful. It is the intent of this Article that the requirements for informational or analytical support for a SYP shall be guided by the principles of practicality and reasonableness; no information or analysis shall be required which in the light of all applicable factors is not feasible. However, it is the intent of this Article that all potential adverse environmental impacts resulting from proposed harvesting be described, discussed and analyzed before such operations are allowed. Should such analysis not be included in the SYP, it must be contained in those THPs which rely on the SYP, including any impact discovered after the SYP is approved.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
HISTORY

1. New article 6.75 (sections 1091.1-1091.14) and section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2. Editorial correction (Register 96, No. 45).
§1091.2. Relation to THPs.
Note     •     History

If submitted, a SYP shall address issues of sustained timber production, watershed impacts and fish and wildlife by preparing an SYP for a Management Unit. The SYP shall not replace a THP. However, to the extent that sustained timber production, watershed impacts and fish and wildlife issues are addressed in the approved SYP, these issues shall be considered to be addressed in the THP; that is the THP may rely upon the SYP.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
HISTORY

1. New  section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
§1091.3. Definitions.
Note     •     History

``Management Unit'' means the part or parts of timberland ownership which are analyzed together as part of an SYP and may include areas outside of an ownership when addressing watershed and wildlife issues. The Management Unit shall be limited to one forest district. The landowner has the option of including within their management unit their entire ownership within the forest district and any areas outside the district that the Director agrees are part of a logical management unit, or they may divide the ownership into management units based on administrative, regulatory and ecological factors with concurrence from the Director. The Management Unit must include one or more planning watersheds, and may include associated resource assessment areas.
``Planning Horizon'' means the 100 year period over which sustained timber production, watershed, and fish and wildlife effects shall be evaluated.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
HISTORY

1. New  section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2. Amendment of “Management Unit” filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
3. Amendment of “Management Unit” filed 8-7-95; operative 8-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 32).
§1091.4. Sustained Yield Plan Contents.
Note     •     History

(a) Contents of SYP. If a SYP is submitted, it shall be prepared under the supervision of and signed by an RPF and shall include the following information:
(1) Name and Address of timber and timberland owner.
(2) Ownership description and location, including legal descriptions and maps depicting the ownership and Management Units which shall be at a scale sufficient to allow the Director to determine the area covered by the SYP.
(3) Management objectives for resources addressed in the SYP, including timber products.
(4) General narrative description of the forest types, fish and wildlife habitats and watercourses and lakes.
(5) Descriptions of Management Units (e.g., planning watersheds or larger areas) and rationale for Management Unit selection.
(6) Identification and mapping of Planning watersheds classified as sensitive watersheds and description of the measures taken to protect resources within those watersheds.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
HISTORY

1. New  section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2. Amendment of subsection (a) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
§1091.45. Sustained Timber Production Assessment.
Note     •     History

(a) Consistent with the protection of soil, water, air, fish and wildlife resources a SYP shall clearly demonstrate how the submitter will achieve maximum sustained production of high quality timber products while giving consideration to regional economic vitality and employment at planned harvest levels during the planning horizon. The average annual projected harvest over any rolling 10-year period, or over appropriately longer time periods for ownerships which project harvesting at intervals less frequently than once every 10 years, shall not exceed the long-term sustained yield estimate for a SYP submitter's ownership.
(b) Where a SYP is based upon data on file with the Director, such data shall be updated every 10 years. Proprietary information shall be treated consistent with PRC 21160.
(c) Each sustained timber production assessment shall include:
(1) A summary table of Wildlife Habitat Relationships compositions and stand structure types (WHR), or comparable stand structure types within forest vegetation types with their respective acreage. For an ownership's specific stand structure types, the RPF shall provide a written description of the stand structure and characteristics which define each type, and comparisons of those types to WHR typing. The WHR system, which is herein incorporated by reference, and its uses described in ``Guide to the California Wildlife Habitat Relationships System,'' California Department of Fish and Game, March 1988.
(2) An estimate of the long-term sustained yield of the ownership stated in terms of board feet per year or cubic feet per year, or other reasonable measurement consistent with products chosen by the owner, and a description of how the estimate was reached. For ownerships that have not attained long-term sustained yield, the SYP shall estimate and justify the transition period necessary to achieve long-term sustained yield.
(3) A projection of growth and harvest for each WHR type or comparable stand structure type within forest vegetation type over each 10 year period in the planning horizon, and a description in narrative form of the accuracy and methodology used to estimate growth.
(4) A discussion of the accuracy of the inventory data for the management unit and/or ownership. Inventory data, models and growth and harvest projections utilized for harvest scheduling projections shall be available for confidential audits by reviewing agencies along with the basis for such data, including but not limited to the cruise design and sample plot data and statistical validity of such estimates. The SYP shall describe how the submitter will, over time, make reasonable progress to improve inventory estimates for the major WHR or vegetation types, with a goal of achieving standard errors that are no greater than 15 percent of their respective inventory estimates within the effective period of the SYP. The major WHR types include all tree-dominated habitats in size classes 4, 5, and 6 with canopy closure classes of S,P,M, and D.
(5) A description of the prescriptions applied to each stand type projected. A narrative discussion of the methods used to project inventory, growth and harvest and WHR type or comparable stand structures type.
(d) The use of Spreadsheet Assisted Resource Analysis (SARA) planning model, Cooperative Redwood Yield Project Timber Output Simulator (CRYPTOS), and California Conifer Timber Output Simulator (CACTOS) growth models and WHR types are encouraged in order to aid in the Departmental review.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
HISTORY

1. New  section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2. Amendment of subsection (c)(4) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§1091.5. Fish and Wildlife Assessment.
Note     •     History

The following fish and wildlife issues shall be addressed in an SYP:
(a) Assessment Area. The area for the fish and wildlife impacts assessment shall be at least the Management Unit under the SYP and may include the entire ownership within a forest district. Areas outside the ownership may be included as necessary to assess the potential individual or cumulative effect of timber operations.
In areas with multiple ownerships, landowners may cooperate to establish a management unit and develop a fish and wildlife habitat assessment and management plan.
(b) Impacts to be addressed. The Assessment shall address threatened, endangered and sensitive species and other fish and wildlife species which timber operations could adversely impact, resulting in significant adverse individual or cumulative impacts. The Assessment shall address, as feasible, such species' habitat needs and the availability, shapes and distribution of habitats in relation to harvest schedule and growth projections and the impacts of harvesting on such habitats. The SYP shall discuss and include feasible measures planned to avoid or mitigate potentially significant adverse environmental effects on such fish and wildlife. The plan may also discuss positive effects of the timber or timberland owner's operations on fish and wildlife.
For the initial ten year period, maps by Management Unit showing significant changes to WHR types or stand structure types that are likely to result from projected timber operations shall be included. For the remaining periods within the planning horizon, type changes shall, at a minimum, be discussed in a narrative manner (including tabular analyses by management unit) and may include maps.
(c) Where significant impacts are identified and feasible mitigation is not available, a THP relying upon the SYP shall address these remaining impacts. Reasonable Mitigation considered but rejected as infeasible shall be identified.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
HISTORY

1. New  section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
§1091.6. Watershed Assessment and Planning.
Note     •     History

The following watershed issues shall be addressed in an SYP:
(a) Assessment Area. The minimum assessment area shall be no less than a planning watershed. The assessment area may include multiple watersheds within a Management Unit, and areas outside the ownership may be included.
(b) Impacts Analysis and Mitigation. The Assessment shall include an analysis of potentially significant adverse impacts, including cumulative impacts, of the planned operations and other projects, on water quality, fisheries and aquatic wildlife.
(c) The SYP shall contain a description of the individual planning watersheds in sufficient detail to allow a review of the analysis of impacts.
(1) For all planning watersheds in the ownership within a forest district descriptions shall include as appropriate:
(A) Estimate of the stand structure type acreage and percent composition of the watershed by decade.
(B) General maps and descriptions of unstable areas and unstable soils known to the plan submitter to be actively or potentially discharging sediment, as well as those mapped by public agencies.
(2) For the initial ten year period, for all planning watersheds in which harvesting will take place, descriptions shall include as appropriate:
(A) Map of existing roads and approximate location and miles of proposed new, reconstructed and abandoned roads.
(B) Estimate of the SYP submitter's ownership acres of forest types to be harvested by silvicultural method and yarding method, and the location of submitter's approved and submitted THPs and presently projected future timber operations.
(C) A general description of areas known to be sensitive to ground disturbance and present sources of erosion.
(d) The SYP shall also discuss and include feasible measures planned to mitigate or avoid significant adverse impacts. Where significant impacts are identified and feasible mitigation is not available, a THP relying upon a SYP shall address these remaining impacts. The SYP submitter shall utilize any one or a combination of methods to assess adverse watershed impacts including but not limited to:
(1) Board of Forestry Technical Rule Addendum #2 (14 CCR 912.9, 932.9, 952.9).
(2) The use of a Cumulative Watershed Effects Analysis, including the Equivalent Roaded Area (ERA) method, for screening planning watersheds to determine whether watershed-specific thresholds of concern have been exceeded when appropriate.
(3) Other methods proposed in the SYP and approved by the Director.
(e) Multiple Ownerships. In areas with multiple ownerships, landowners may cooperate to establish a management unit and develop a watershed assessment.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code. 
HISTORY

1. New  section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
§1091.7. Limitation on Information Requirements.
Note     •     History

Where landowners do not cooperate to develop a watershed or fish and wildlife assessment, or where a management unit is adjacent to lands operated by landowners or timber owners who have not submitted a SYP, the information required of a SYP submitter regarding past, present and reasonably foreseeable probable future projects shall be limited to information regarding the same ownership, to matters of public record, readily available to the submitter and shall be guided by the principles of practicality and reasonableness. The sufficiency of the information provided in a SYP to evaluate environmental effects shall be judged in light of what is reasonably feasible and necessary.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
HISTORY

1. New  section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
§1091.8. Compliance and Effectiveness Evaluation.
Note     •     History

The SYP shall include provisions for determining the compliance with and effectiveness of the measures adopted in the SYP to mitigate or avoid significant environmental effects. Such provisions may include evaluation by the SYP submitter and evaluation of affected areas with representative conditions. Progress reports shall be provided periodically to CDF at their request. Such evaluations shall be developed in consultation with the Director and appropriate review agencies.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code. 
HISTORY

1. New  section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
§1091.9. SYP Effective Period.
Note     •     History

The effective period of SYP shall be no more than ten years. Renewal of a previously approved SYP may be granted for a successive ten-year period following agency and public review and upon approval of the Director pursuant to 14 CCR §1091.15. 
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Section 4551.3, Public Resources Code.
HISTORY

1. New  section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2. Change without regulatory effect amending section and adding new Note filed 9-26-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment filed 10-26-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 44).
§1091.10. Review of Sustained Yield Plan (SYP).
Note     •     History

The Director shall review and approve or disapprove a SYP. The Director's determination shall be based on multi-disciplinary review used to determine whether the SYP satisfies the requirements of MSP and, in case of watershed and fisheries and wildlife issues, whether the SYP identifies potentially significant adverse impacts and includes feasible measures necessary to mitigate or avoid such impacts and is consistent with 14 CCR 897 (b). Where significant impacts are identified and feasible mitigation is not available, a THP relying upon the SYP shall address these remaining impacts. Reasonable Mitigation considered but rejected as infeasible shall be identified.
For purposes of Public Resources Code 4582.7 submission of a SYP shall be deemed to constitute agreement by the SYP submitter to extend the review and comment periods to the times specified in this article.
(a) Within 20 days of receipt of an SYP, the Director shall determine if the SYP is in proper order, and meets the informational requirements of the rules, and if so, the SYP shall be filed. If the SYP is not acceptable for filing the Director shall return the SYP with written specifications of the deficiencies.
Where the Director does not make this determination within 20 days the plan shall be deemed filed. Once the SYP is accepted for filing the Director shall have 45 days or a longer period as mutually agreed to by the submitter and the Director to review and determine if the SYP contains sufficient and complete information to permit further review by the public and other agencies. If it does not, the Director will communicate with the submitter with written specification of the deficiencies including any information necessary to review and analyze the SYP. When the submitter provides adequate written response to each of the deficiencies, the SYP will be scheduled for further review. The Director shall deny the SYP if the information is not provided or is insufficient.
Once the SYP is ready for public and agency review the Director shall schedule a date for the start of a 90 day or longer period as mutually agreed to by the submitter and the Director.
(b) The Director shall schedule the SYP for the 90 day review as the SYP is determined to be ready for further review while considering departmental workload.
(c) Public Notice of SYP.
The Director shall 15 days prior to the start of the 90 day scheduled review transmit notice to the public and agencies consistent with the noticing requirements of sections 1037.5 and 1037.1 b(1-5). The notice shall advise the public of the name of the submitter, geographic location of the SYP, where a copy of the SYP can be reviewed or obtained and when and where the public hearing will be held.
(d) Public Hearing.
The Director shall hold a public hearing on the SYP within 45 days form the start of the Public Review Period. The SYP submitter shall participate with the Director in that hearing.
(e) Determination Period.
At the end of the review and comment period the Director shall have 30 days to review public input, consider recommendations and mitigation measures of other public agencies, respond in writing to the issues raised and determine if the SYP is in conformance with the rules. Within this period, the Director shall make a determination of conformance.
(f) SYP Disapproval.
If the Director disapproves a SYP, the Director shall provide written reasons for disapproval that conform with section 1054.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code. 
HISTORY

1. New  section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2. Amendment of subsection (a) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
§1091.11. Appeals.
Note     •     History

Appeals of SYP's shall be the same as provided in the FPA for THPs. For Head of Agency Appeals, the appealing agency shall have 10 days from the Directors determination date to notify the Board of their intent to appeal. The other requirements of Section 1056(a) shall be submitted to the Board within 30 days after the Director's decision. The 30 days specified in section 1056.2 commence when the appeal statement meets the requirements of 1056(a).
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 20168.5, Public Resources Code.
HISTORY

1. New  section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
§1091.12. Emergency Departures from SYP.
Note     •     History

In the case of an Emergency as specified in the rules of the Board (14 CCR 1052.1), the SYP submitter shall notify the Director of such departure in writing and shall comply with Section 1091.13. This notice shall accompany any notice required by Section 1052 for cutting timber on an emergency basis. If an amendment to the SYP is required pursuant to Section 1091.13, it shall be filed within 20 days of the filing of the Emergency Notice. The SYP submitter shall comply with the Emergency Notice requirements.
NOTE

Authority cited:Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
HISTORY

1. New  section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
§1091.13. Amendments.
Note     •     History

Except under emergency circumstances, substantial deviations from the SYP shall not be undertaken in the THPs unless an amendment has been submitted to and approved by the Director following the same procedures as for approving an SYP initially. No THPs may be approved which rely upon a substantial deviation proposed in an amendment to a SYP until such a deviation is approved by the Director.
(a) Substantial Deviations. For purposes of the sustained timber production portion of any SYP, any deviation from the average harvesting projections in any ten-year period which exceeds ten percent, including a deviation caused by changes of ownership and catastrophic events, shall be considered a substantial deviation. For purposes of watershed and fish and wildlife issues, any deviation from the plan which could result in significant adverse effects to watershed or fish and wildlife values shall be considered a substantial deviation.
(b) Minor deviations shall be reported to the Director immediately in writing but shall not require amendment of the plan.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
HISTORY

1. New  section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
§1091.14. Timber Harvest Plans Submitted Within a SYP Management Unit.
Note     •     History

Each timber harvest plan submitted for an area within an ownership subject to and relying upon an approved SYP shall demonstrate consistency with the SYP and reference the SYP in response to THP questions addressing subjects covered in the SYP. Each THP shall contain feasible mitigation included in the SYP to address identified impacts. Responses to significant environmental issues raised during THP review on subjects addressed in the SYP shall refer to the SYP. Where new issues or potentially significant adverse effects not addressed in the SYP exist, they shall be identified in the THP or a substantial or minor deviation shall be submitted for the SYP as appropriate. Additional feasible mitigation measures to address new issues identified shall be discussed and included in the THP or amendment.
NOTE

Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
HISTORY

1. New  section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
§1091.15. Requests for Renewal of Approved Sustained Yield Plans.
Note     •     History

A currently approved SYP may be renewed for a successive ten-year period subject to the review and approval of the Director. The Director's determination shall be based upon multi-disciplinary review and evaluation of the elements of the successive SYP submission to determine if the successive SYP satisfies the requirements of MSP, identifies potentially significant adverse impacts, and includes feasible mitigation measures for avoidance or minimization of such impacts. The submitter is encouraged to consult with review team agencies prior to submission of a successive SYP for review by the Director. 
A request for renewal of an approved SYP shall be submitted to the Director no less than six months prior to expiration of the previously approved SYP and shall be subject to the review timelines specified in 14 CCR §1091.15, subsections (b)-(f). In the event that the Director cannot meet the specified review timelines and the previously approved SYP expires prior to approval of the successive SYP, the submitter may continue to operate under a THP pursuant to 14 CCR §913.11 [933.11, 953.11], subsection (c) while the request for SYP renewal remains under review by the Director. 
(a) Requests for renewal of an approved SYP shall comply with the SYP content requirements specified in Article 6.75 of Subchapter 7, and shall identify the general nature and location within the document of each substantive difference between the successive SYP submission and the previous approved SYP document. Substantive differences include changes in long term sustained yield estimates for achieving MSP, changes in fish, wildlife, and watershed assessment; and proposed changes to previously approved mitigations, resource protection measures, or operation standards. 
(b) Within 20 days of the receipt of a successive SYP submission, the Director shall determine if the document is complete, accurate, and in proper order. If so, the successive SYP submission shall be filed. If the document is not acceptable for filing, the Director shall return it to the submitter with a written explanation of the deficiencies. Where the Director does not make this determination within 20 days, the successive SYP shall be deemed filed. 
(c) Once the successive SYP document has been accepted for filing, the Director shall have 60 days or longer, as mutually agreed to by the submitter, to conduct agency and public review of the successive SYP. 
(d) Public Notice of Request for Renewal of Approved SYP. The Director shall transmit notice to the public and agencies consistent with the noticing requirements of 14 CCR §1037.5 and §1037.1, subsections (b)(1)-(5). The Notice shall advise the public of the name of the submitter, geographic location of the successive SYP, location(s) where a copy of the successive SYP document can be reviewed or obtained, and when and where the public hearing will be held. 
(e) Public Hearing. The Director shall hold a public hearing on the successive SYP submission within 30 days from the start of the public review period. The submitter shall participate with the Director in that hearing. The Director shall make a copy of the final draft of the successive SYP document available for public review no sooner than 15 days prior to the close of the agency and public review period. 
(f) Director's Determination Period. At the end of the public review and comment period, the Director shall have 15 days to review public input, consider recommendations and mitigation measures of other public agencies, respond in writing to the issues raised, and determine if the successive SYP is in conformance with the rules. If the document is found to be in conformance, it shall be approved by the Director. 
(g) Disapproval of Successive SYP. If the Director does not approve a successive SYP, the Director shall provide written reasons for disapproval that conform with the requirements of 14 CCR §1054. Appeal of the Director's decision on a successive SYP submission shall be conducted pursuant to 14 CCR §1091.11. 
NOTE

Authority cited: Sections 4551, 4553 and 4561, Public Resources Code. Reference: Sections 4151.3, 4551.5, 4561, 21003 and 21068.5, Public Resources Code. 
HISTORY

1. New section filed 10-26-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 44).
Article 6.8. Program Timberland Harvesting Plan
§1092. Rule Application.
Note     •     History

(a) Where the abbreviation “THP”, the term “Timber Harvesting Plan”, or the word “plan” is used in Chapter 4, Subchapters 1 through 6 and Chapter 4.5 it shall also mean “PTHP”. In Subchapter 7, this equivalency will occur for all sections except 1032 through 1042.
(b) Within 14 CCR Division 1.5, Chapter 4, Subchapters 4-6, Articles 2,3,4,5,6,7,8,9,11,12,13, and 14, the operational (specific prescriptive) standards of the rules shall apply to all timber operations conducted under a PTHP. However, as necessary for site-specific project level management, alternate standards can be developed which provide equal or better protection to the resource which may be impacted. These alternate standards may only be accepted by the Director when the PTEIR provides an analysis demonstrating that implementation will result in impacts which are below the level of significant effect on the environment as defined in the State CEQA Guidelines (14 CCR 15382) and other applicable state laws.
(c) Where the PTEIR has adequately addressed an environmental impact, the PTHP need only include reference to the PTEIR provisions. Alternate standards may only be used in a PTHP where the analysis of potential impacts and mitigations in the PTEIR is of such detail that a reasonable person could reach a conclusion that the resulting impacts would be less than significant.
(d) Within 14 CCR Division 1.5, Chapter 4, Subchapters 1, and 3-6, the planning (performance) standards which are to be incorporated into a THP under the functional equivalent process shall be addressed within the PTEIR to achieve the performance objectives set forth in the intent language of the regulation. The PTEIR shall demonstrate how resource protection set forth in the intent of the Act is provided for on the area encompassed by the PTEIR.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
HISTORY

1. New section filed 8-10-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5(b) (Register 98, No. 33).
2. Change without regulatory effect amending section heading and removing pre-1999 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17). For prior history, see Register 96, No. 48 and Register 98, No. 33. 
§1092.01. PTEIR and PTHP.
Note     •     History

(a) A Program Timber Harvesting Plan (PTHP) may be filed for ownerships where a PTEIR has been certified by the Director.
(b) The PTEIR shall assess impacts and provide mitigation for those on and off-site impacts resulting from timber operations involved with an ownership, portion of an ownership, or multiple ownerships. Use of the PTEIR establishes the need for a separate THP process which is provided in this Article. The PTHP relies upon the environmental analysis contained in the PTEIR. All PTHPs shall be accompanied by a checklist which will demonstrate that the proposed operations are within the scope of the PTEIR. The PTHP fulfills the requirements of CEQA by being written within the scope of the analysis contained in the PTEIR. The PTHP also must meet the requirements of the Forest Practice Act and the rules of the board.
(c) The checklist which accompanies a PTHP must be developed in each PTEIR to address the site specific impacts and practices for each ownership, portion of an ownership, or multiple ownerships. The checklist shall indicate mitigation to be applied in all areas of resource protection addressed in the PTEIR for individual and cumulative effects, including but not limited to air, wildlife, water, soil, recreation, hazard reduction, pest protection, noise, aesthetics, cultural resources, areas regulated by the board in Sections 4513, 4551, 4551.5, 4561, and 4581 of the Public Resources Code.
(d) Where a PTHP is found by the Director not to be within the scope of the PTEIR, the PTHP submitter has the following alternatives: 1) the PTHP may be modified to be within the scope of the PTEIR, 2) the PTHP may be withdrawn and submitted as a THP under the functional equivalent process, or 3) an addendum supplement or subsequent PTEIR may be prepared and certified which addresses any remaining impacts identified in the PTHP.
(e) A PTHP shall be limited to an area with reasonably similar timber geology, soil, topography, climate, and stream characteristics that would constitute a logical harvesting unit. A PTHP should be limited to that area on which timber operations normally will be completed in one 12-month period, but in no case shall it extend beyond 36 months after the PTHP is determined to be in conformance or otherwise becomes effective under PRC 4582.7, unless an amendment to extend the effective period is submitted and accepted by the Department per PRC 4590(a)(1). PTHPs shall be limited to lands within a particular forest district.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551, 4553 and 4590(a)(1), Public Resources Code.
HISTORY

1. New section filed 8-10-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5(b) (Register 98, No. 33).
2. Editorial correction of subsection (b) (Register 99, No. 26).
3. Change without regulatory effect amending section heading and removing pre-1999 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17). For prior history, see Register 96, No. 48 and Register 98, No. 33.
§1092.02. Director's Guidance for Review of PTEIR.
Note     •     History

In certifying the PTEIR and adopting the CEQA findings the Director shall certify that the timberland management described in the PTEIR will achieve the resource protection goals in PRC Sections 4513, 4551, 4561, and 4581 and any goals that may be required by CEQA.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.03. Program Timber Harvesting Plan Filing Locations.
Note     •     History

The PTHP shall be submitted in writing to the Director at the appropriate CAL FIRE Review Team Offices listed in 14 CCR §1032.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Section 4581, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Change without regulatory effect amending section filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§1092.04. Program Timber Harvesting Plan (PTHP) Submittal.
Note     •     History

(a) A PTHP shall be submitted by the person who owns, leases, contracts, or operates on timberland and plans to harvest timber for commercial purposes.
(b) Where the land or timber is owned or operated by parties other than the person executing the PTHP the person submitting the PTHP shall give prompt written notice of such PTHP to those parties.
(c) The RPF preparing the PTHP shall submit to the Director, with the PTHP, a copy of a Notice of Intent to Harvest: (1) if any proposed boundary lies within 300 feet of any property not owned by the timberland owner, or (2) any PTHP amendment that changes a PTHP boundary so that the new boundary lies within 300 ft. of property not owned by the timberland owner.
(d) A Notice of Intent shall include the following information:
(1) The names of the timberland owner, the RPF who prepared the PTHP, and the PTHP submitter.
(2) The location of the PTHP area by county, section, township, and range, and the approximate direction and distance to the PTHP area from the nearest community or well-known landmark.
(3) The name of and distance from the nearest perennial watercourse flowing through or downstream from the PTHP area.
(4) The acres proposed to be harvested.
(5) The regeneration methods and intermediate treatments to be used.
(6) The estimated earliest date that the Director may approve the PTHP. This is 15 days from receipt of the PTHP by the Department, except in counties for which rules and regulations have been adopted pursuant to Section 4516.5 and 4516.8 of the PRC where the earliest date the Director may approve the PTHP is 45 days after the receipt of the PTHP by the Department.
(7) A statement that the public may review the PTHP at the appropriate CAL FIRE Review Team Office and that a copy of the PTHP may be obtained from the Department upon payment of the applicable charge.
(8) A map which provides the approximate boundary of the PTHP area, a map legend, and a scale.
(9) A statement that questions or concerns regarding the specific PTHP should be directed to the appropriate CAL FIRE Review Team Office.
(e) The RPF preparing the PTHP shall furnish to the Department at the time of submission of the PTHP the names and mailing addresses of all property owners within 300 ft. of the PTHP boundary. Either a list compiled from the latest equalized assessment roll or a list provided by a title company doing business in California compiled within 60 days of submission of the PTHP shall be deemed sufficient for compliance with the subsection.
(f) The Department shall mail copies of the Notice of Intent within two working days of receipt of the PTHP to all persons identified in (e) above.
(g) Before PTHP submission, the person submitting the PTHP shall post a copy of the Notice of Intent including a map as described in (d)(8) at a conspicuous location on the public road nearest the PTHP site. The Notice shall be on colored paper or identified with colored flagging so as to be easily visible to the public.
(h) A statement of whether there is a known overhead electric power line on the proposed plan area except lines from transformers to service panels.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Section 4581, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Change without regulatory effect amending subsections (d)(7) and (d)(9) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§1092.05. Notice of Intent Distribution.
Note     •     History

The Director shall distribute copies of each Notice of Intent within two working days of receipt to:
(a) The office of the County Clerk of the county in which operations are proposed for posting at the customary place for posting environmental affairs.
(b) The local Ranger Unit headquarters for posting.
(c) At such other locations as the Director may deem desirable and feasible to provide adequate public notice.
NOTE

Authority cited: Sections 4551, 4551.5, 4552 and 21092, Public Resources Code. Reference: Sections 4581, 4582.4, 21080.5, 21081 and 21092, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.06. Request for Notification of PTHP Submission.
Note     •     History

(a) Each applicable CAL FIRE Review Team Office shall maintain a list of PTHPs submitted that month.
(b) When any person requests notice of submissions of PTHPs, the Director shall provide the person, free of charge, with a copy of the list of PTHPs submitted on the date or dates requested. If no specific date is requested, a copy of the list for the preceding month shall be provided.
NOTE

Authority cited: Sections 451, 4551.5, 4552 and 4582.4, Public Resources Code; and Section 14880, Government Code. Reference: Sections 4581, 4582, 4582.4, 21080.5, 21081 and 21092, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Change without regulatory effect amending subsection (a) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§1092.07. Request for Information on Domestic Water Supplies.
Note     •     History

The PTHP submitter shall provide notice by letter to all other landowners within 1,000 feet downstream of the PTHP boundary whose ownership adjoins or includes a Class I, II, or IV watercourse(s) which receives surface drainage from the proposed timber operations. The notice shall request that the PTHP submitter be advised of surface domestic water use from the watercourse, within the PTHP or within 1,000 feet downstream of the PTHP boundary. When required to notice by letter, the PTHP submitter shall also publish the notice one time in a newspaper of general circulation in the area affected by the proposed project. Such letter and publication shall notify the party of the proposed timber operation and describe its legal location and identify the name, if any, of the watercourse it may effect. The letter and publication shall request a response by the property owner within ten days of the post-marked date on the letter or the date of publication as appropriate. Copies of either notice, proof of service and publication, and any response shall be attached to the PTHP when submitted. If domestic use is noted, the PTHP shall contain mitigations necessary to protect domestic water use. The PTHP shall not be submitted until ten days after the above notification(s) have been done. The RPF may propose, with justification and explanation, an exemption to such notification requirements, and the Director may agree.
NOTE

Authority cited: Sections 4551 and 4582.3, Public Resources Code. Reference: Sections 4551, 4581, 4582.3, 21080 and 21092, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.08. Filing Date.
Note     •     History

The filing date is the date on which the PTHP is found by the Director to be accurate, complete, and in proper order.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582 and 4583, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.09. PTHP Contents.
Note     •     History

The purpose of the PTHP is to provide guidance for implementation of the standards and protective measures in the certified PTEIR. For the PTHP to serve these functions it shall contain the following:
(a) Identification number of the PTEIR and where it can be reviewed;
(b) The name and address and phone number of the timberland owner, the timber owner, the RPF, the Licensed Timber Operator and license number and the person responsible for on the ground supervision of the timber operations. If the Licensed Timber Operator is not known at the time of plan submission, this information shall be provided prior to the start of timber operations.
(c) Expected dates of commencement and completion of timber operations.
(d) A legal description of the area of the PTHP on which timber operations will be conducted. The description shall include the following:
(1) U.S. Geological Survey (USGS) Quadrangle name(s) and date(s),
(2) township, range, and section number(s),
(3) county name(s),
(4) CALWATER 2.2 planning watershed number(s), and
(5) approximate acreage.
(e) Identification of silvicultural prescriptions to be applied.
(f)(1) A confidential Archaeological Addendum as defined in 895.1, if the PTHP covers 3.0 acres or more, or,
(2) A statement by the RPF that the area covered by the PTHP has been surveyed in accord with current Forest Practice Rules, and a Confidential Archaeological Addendum was filed and approved as part of the PTEIR associated with the PTHP, or the area covered by the PTHP is less than 3.0 acres.
(g) A statement that no significant adverse impacts would occur to any threatened or endangered plant or animal species in the area of the PTHP or that if timber operations are being conducted in compliance with an accepted “no take” or authorized incidental “take” procedure, either of which has authorization or concurrence of a wildlife agency acting within its authority under state or federal endangered species acts for a listed species, the PTHP shall so state.
(h) A statement that there have been no physical environmental changes in the PTHP area that are so significant as to require any addendum or supplement to the PTEIR;
(i) Special provisions, if any, to protect any unique area within the area of timber operations.
(j) A certification by the RPF that he or she or a supervised designee has personally inspected the PTHP area.
(k) A verification that the LTO has been briefed by the RPF or supervised designee on the contents and operational requirements of the PTHP prior to the start of timber operations.
(l) On a titled USGS quadrangle or equivalent topographic maps of a scale not less than 2” to the mile, the information in subsections (1-5) shall be clearly shown. Additional maps, which may be topographic or planimetric may be used to provide the information required in other subsections or show specific details, to improve map clarity. The appurtenant roads referenced in subsection (5) may be shown on a map which may be planimetric with a scale as small as one-half inch equals one mile. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used. See the district rules for the appropriate minimum mapping acreage.
(1) Boundaries of the area to be harvested.
(2) Boundaries of areas for specified regeneration methods, intermediate treatments, special harvesting methods, and alternative prescriptions that are to be applied.
(3) Boundaries of the Site Class of timberlands within the PTHP area.
(4) Boundaries of areas for specified yarding (logging) systems, if more than one system is to be used;
(5) Location of public roads within the PTHP, and private roads appurtenant to the timber operations where such roads are under the ownership or control of the timber owner, timberland owner or timber operator, and classification of all proposed and existing logging roads as permanent, seasonal, or temporary roads.
(6) Location of proposed and existing landings in the watercourse and lake protection zone, and landings outside the zone that are greater than 1/4 acre in size or whose construction involves substantial excavation.
(7) Road failures on existing roads to be reconstructed.
(8) Location of all watercourse crossings of classified watercourses except temporary crossings of class III watercourses without flowing water during timber operations at that crossing.
(9) Location of erosion hazard rating areas, if more than one rating exists.
(10) Location of watercourse with Class I, II, III or IV waters.
(11) Location of known unstable areas or slides. Location of unique areas.
(m) Type of yarding (logging) systems and equipment to be used. Yarding systems will be placed in one or more of the following groups:
(1) Animal
(2) Tractor, skidder, forwarder
(3) Cable
(A) Ground-lead
(B) High-lead
(C) Skyline
(4) Balloon, helicopter
(5) Other, as explained in the PTHP
(n) A completed checklist from the certified PTEIR shall be attached to the PTHP and shall contain a listing of the practices which deviate from standard operational rules of the Board as presented in the PTEIR.
(o) Explanation and justification of any operational practices which are not specified in the certified PTEIR and which are allowed by the rules with explanation and justification.
(p) A certification by the RPF preparing the PTHP that the proposed operations are within the scope of the environmental analysis contained in the PTEIR as set forth in 14 CCR 1092 and therefore will not result in any significant environmental impacts beyond those addressed in the PTEIR.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4527, 4581, 4582 and 4583, Public Resources Code.
HISTORY

1. New section filed 8-10-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5(b) (Register 98, No. 33).
2. Amendment of subsection (d), new subsections (d)(1)-(d)(5), amendment of subsections (f)(2), (g) and (l) and amendment of Note filed 11-21-2000; operative 1-1-2001 (Register 2000, No. 47).
3. Change without regulatory effect amending section heading and removing pre-1999 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17). For prior history, see Register 96, No. 48, Register 97, No. 48 and Register 98, No. 21.
§1092.10. PTHP Professional Judgment.
Note     •     History

Where the rules or these regulations provide for the exercise of professional judgment by the RPF or the Director, and there is a disagreement the parties shall confer on the PTHP area, if requested by either party, during the PTHP review and reach agreement, if possible, on the conditions and standards to be included in the PTHP to maintain consistency with the PTEIR.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.11. PTHP Submitter Responsibility.
Note     •     History

The PTHP submitter, or successor in interest, shall:
(a) Ensure that an RPF conducts any activities which require an RPF.
(b) Provide the RPF preparing the PTHP or amendments with complete and correct information regarding pertinent legal rights to, interests in, and responsibilities for land, timber, and access as these affect the planning and conduct of timber operations.
(c) Sign the PTHP certifying knowledge of its contents and the requirements of this section.
(d)(1) Retain an RPF who is available to provide professional advice to the LTO and timberland owner upon request throughout the active timber operations regarding:
(A) the plan,
(B) the Forest Practice Rules, and
(C) other associated regulations pertaining to timber operations.
(2) The plan submitter may waive the requirement to retain an RPF to provide professional advice to the LTO and timberland owner under the following conditions:
(A) the plan submitter provides authorization to the timberland owner to provide advice to the LTO on a continuing basis throughout the active timber operations provided that the timberland owner is a natural person who personally performs the services of a professional forester and such services are personally performed on lands owned by the timberland owner;
(B) the timberland owner agrees to be present on the logging area at a sufficient frequency to know the progress of operations and advise the LTO, but not less than once during the life of the plan; and
(C) the plan submitter agrees to provide a copy of the portions of the approved PTHP and any approved operational amendments to the timberland owner containing the General Information, Plan of Operations, PTHP Map, Yarding System Map, Erosion Hazard Rating Map and any other information deemed by the timberland owner to be necessary for providing advice to the LTO regarding timber operations.
All agreements and authorizations required under 14 CCR §1035(d)(2) shall be documented and provided in writing to the Director to be included in the plan.
(e) Within five (5) working days of change in RPF responsibilities for PTHP implementation or substitution of another RPF, file with the Director a notice which states the RPF's name and registration number, address, and subsequent responsibilities for any RPF required field work, amendment preparation, or operation supervision. Corporations need not file notification because the RPF of record on each document is the responsible person.
(f) Provide a copy of the approved PTHP and any amendments to the LTO.
(g) Notify the Director prior to commencement of site preparation operations. Receipt of a burning permit is sufficient notice.
(h) Disclose to the LTO, prior to the start of operations, through an on-the-ground meeting, the location and protection measures for any archaeological or historical sites requiring protection if the RPF has submitted written notification to the plan submitter that the plan submitter needs to provide the LTO with this information.
NOTE

Authority cited: Sections 4551 and 4582, Public Resources Code. Reference: Sections 4582 and 4582.5, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. New subsections (d)(1)-(d)(2)(C), subsection relettering, new subsection (h) and amendment of Note filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
§1092.12. Registered Professional Forester Responsibility.
Note     •     History

(a) Upon submission of a PTHP, the RPF who prepares and signs a PTHP is responsible for the accuracy and completeness of its contents.
(b) The RPF preparing the PTHP shall list or describe in the PTHP any work which will be performed by the PTHP preparer and any additional work requiring an RPF which the PTHP preparer does not intend to perform. This may include, but is not limited to, field work in identifying watercourse and lake protection zones or special treatment areas, marking trees, or other activities. The RPF is only responsible for the activities for which he or she is employed, or those required by the rules of the Board. The RPF shall state whether or not he or she has been retained to provide professional advice throughout the timber operations.
(c) The RPF preparing the PTHP shall, in writing, inform the PTHP submitter(s) of their responsibility pursuant to Section 1092.11 of this Article and the timberland owner(s) of their responsibility for compliance with the requirements of the Act and, where applicable, Board rules regarding site preparation, stocking, and maintenance of roads, landings, and erosion control facilities.
(d) Upon entering into an agreement to accept responsibility for any part of the preparation or implementation of a plan or any work beyond the preparation of a plan, including providing professional advice; all responsible RPFs shall disclose to the real party of interest for whom the RPF is providing professional forestry services any known current or potential conflict of interest the RPFs have with regard to the timber or land that is subject to operations under the plan. All responsible RPFs shall disclose to the timberland owner and plan submitter whether they are the real party of interest for whom the RPF is providing professional forestry services.
(e) Disclosure of newly discovered conflicts of interest an RPF has with regard to the plan submitter, timberland owner, timber owner, the LTO and timber purchaser, pertaining to the timber or land that is subject to operations under the plan, shall be required as long as an RPF has responsibilities relative to a plan. The disclosure shall include identification of the real party of interest for whom the RPF is providing professional forestry services.
(f) All disclosures made between an RPF and an affected party pursuant to this section may be kept confidential.
(g) An RPF retained by the plan submitter to provide professional advice throughout the timber operations shall be present, or ensure that the RPF's supervised designee is present, on the logging area at a sufficient frequency to know the progress of operations and advise the LTO and timberland owner, but not less than once during the life of the plan.
(h) An RPF retained by the plan submitter to provide professional advice throughout the timber operations shall inform the LTO during operations of any mitigation measures incorporated into the plan that are intended to address operations that have a high likelihood of resulting in immediate, significant and long-term harm to the natural resources of the State if such mitigation measures are not strictly applied to minimize such impacts.
(i) The RPF shall without delay notify in writing the LTO, the plan submitter, and the Department of a decision to withdraw professional services from the plan.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4583.2 and 4583.5, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Amendment of subsection (b) and new subsections (d)-(i) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
§1092.13. Interaction Between RPF and LTO on the PTHP.
Note     •     History

From the start of the PTHP preparation process but before commencement of operations, the responsible RPF, shall meet with either the LTO, or supervised designee who will be on the ground and directly responsible for the harvesting operation. The meeting shall be on site if requested by either the RPF or LTO. If any amendment is incorporated into the PTHP by an RPF after the first meeting, the RPF shall comply with the intent of this section by explaining relevant changes to the LTO; if requested by either the RPF or LTO, another on-site meeting shall take place. The intent of any such meeting is to assure that the LTO:
(a) Is advised of any sensitive on-site conditions requiring special care during operations.
(b) Is advised regarding the intent and applicable provisions of the approved PTHP including amendments.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4581 and 4582, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.14. Licensed Timber Operator Responsibilities.
Note     •     History

Each affected Licensed Timber Operator shall:
(a) Sign the plan and major amendments to the plan, or sign and file with the Director a facsimile of such plan or amendments, agreeing to abide by the terms and specifications of the plan. This shall be accomplished prior to implementation of the following; which the affected LTO has responsibility for implementing:
(1) those operations listed under the plan and
(2) those operations listed under any amendments proposing substantial deviations from the plan.
(b) Inform the responsible RPF and PTHP submitter, either in writing or orally, of any site conditions which in the LTO's opinion prevent implementation of the PTHP.
(c) Keep a copy of the applicable approved PTHP and amendments available for reference at the site of active timber operations. The LTO is not required to possess any confidential addenda to the plan such as the Confidential Archaeological Addendum, nor is the LTO required to keep a copy of such confidential plan addenda at the site of active timber operations.
(d) Comply with all provisions of the Act, Board rules and regulations, the applicable PTHP and any approved amendments or minor deviations.
(e) In the event that the LTO executing the plan was not available to attend the on-site meeting to discuss archaeological site protection with the RPF or supervised designee familiar with on-site conditions pursuant to Section 929.2 [949.2, 969.2] (b), it shall be the responsibility of the LTO executing the plan to inquire with the plan submitter, timberland owner, or their authorized agent, RPF who wrote the plan, or the supervised designee familiar with on-site conditions, in order to determine if any mitigation measures or specific operating instructions are contained in the Confidential Archaeological Addendum or any other confidential addendum to the plan.
(f) Provide the RPF responsible for professional advice throughout the timber operations an on-site contact employee authorized by the LTO to receive RPF advice.
(g) Keep the RPF responsible for professional advice throughout the timber operations advised of the status of timber operation activity.
(1) Within five days before, and not later than the day of the start-up of a timber operation, the LTO shall notify the RPF of the start of timber operations.
(2) Within five days before, and not later than the day of the shutdown of a timber operation, the LTO shall notify the RPF of the shutdown of timber operations.
(A) The notification of the shutdown of timber operations is not required if the period of the shutdown does not extend beyond a weekend, including a nationally designated legal holiday.
(h) Upon receipt of written notice of an RPF's decision to withdraw professional services from the plan, the LTO or on-site contact employee shall cease timber operations, except for emergencies and operations needed to protect water quality, until the LTO has received written notice from the plan submitter that another RPF has visited the plan site and accepts responsibility for providing advice regarding the plan as the RPF of record.
NOTE

Authority cited: Sections 4551, 4552 and 4571, Public Resources Code. Reference: Sections 4551, 4551.5 and 4582, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Amendment filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Repealer of subsection (c) and subsection relettering filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
§1092.15. Notification of Commencement of Operations.
Note     •     History

For each calendar year, within fifteen days before, and not later than the day of the start up of a timber operation, the PTHP Submitter, or designee shall notify CDF of the start of timber operations. The notification, by telephone or by mail, shall be directed to the appropriate CDF Ranger Unit Headquarters, Forest Practice Inspector, or other designated personnel.
NOTE

Authority cited: Sections 4551, 4551.5, 4553 and 4604, Public Resources Code. Reference: Sections 4551, 4551.5 and 4582, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.16. PTHP Review Inspection--Filing Return.
Note     •     History

Within ten (10) days of the receipt of a PTHP, the Director shall determine if the PTHP is accurate, complete and in proper order, and if so, the PTHP shall be filed. During this same period, the Director shall determine if a preharvest inspection is necessary. If a preharvest inspection is needed, the Department will notify the submitter, the Department of Fish and Game, the Department of Conservation, Division of Mines and Geology, the appropriate California Regional Water Quality Control Board, and the LTO who will operate under the plan, if known, to determine if they want to attend and schedule a mutually agreeable time and date of the inspection. When the Director finds a PTHP inaccurate, incomplete, or otherwise not in proper order, the PTHP shall be returned to the submitter with written specifications of the deficiencies.
NOTE

Authority cited: Sections 4551, 4551.5, 4552 and 21080.5, Public Resources Code; and NRDC v. Arcata National Corp. (1976), 50 Cal. App. 3d 959. Reference: Sections 4581, 4582, 4582.5, 4582.6, 4582.75, 4592, 21081 and 21092, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Amendment of section and Note filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
3. Amendment filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
§1092.17. Notice of PTHP Filing.
Note     •     History

(a) The Director shall prepare a notice of filing which shall contain the basic information contained in the Notice of Intent (14 CCR 1092.04).
(b) Within two working days of the date the PTHP is filed, the Director shall transmit copies of the Notice of Filing to:
(1) The person submitting the PTHP.
(2) The office of the County Clerk of the county in which the operations are proposed. The notice shall be posted at the normal place for posting environmental notices.
(3) The local Ranger Unit headquarters for posting.
(4) At such other locations as the Director may deem desirable and feasible to provide adequate public notice.
(5) All public agencies having custodial responsibility for lands within 300 ft. of the PTHP boundary.
(6) Anyone else, as required by Public Resources Code 4582.4 and 4582.6.
NOTE

Authority cited: Sections 4551, 4551.5, 4552, 4582.4, 4582.6 and 21080.5, Public Resources Code; and NRDC v. Arcata National Corp. (1976), 59 Cal. App. 3d 959. Reference: Sections 4581, 4582.5, 4582.7, 4582.75, 4592, 21081 and 21092, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.18. Agency and Public Review for the PTHP.
Note     •     History

(a) Upon filing a PTHP in accordance with 14 CCR 1092.16 the Director shall place it, or a true copy thereof, in a file available for public inspection, and shall transmit a copy to the Department of Fish and Game, the appropriate California Regional Water Quality Control Board, the Department of Conservation, Division of Mines and Geology (California Geological Survey), the Department of Parks and Recreation, the county planning agency and, if the areas are within their jurisdiction, to the California Tahoe Regional Planning Agency and the California Coastal Commission.
(b) The Director shall also transmit a copy of any specific PTHP to any person who has made a written request.
(c) The Department shall bill such persons for the cost of providing such copies and such monies shall be paid to the Department.
(d) The Director shall invite written comments, and will consider these comments. All comments should address any areas where there is a question of consistency with the PTEIR, the Act, the applicable rules of the Board and any other applicable legal requirements. All comments shall be in writing and shall be addressed to the Director at the applicable CAL FIRE Review Team Office where the PTHP was filed.
(e) Any substantial deviation in the plan or the inclusion of “significant new information” (as described in 14 CCR §895.1), made during the Director's review of the plan shall require recirculation as described in this section and reopening or extending the public comment period for a minimum of thirty (30) days. 
(f) The Director shall take the following steps when “significant new information” is added to the plan during the course of plan review or during the Director's Determination period. 
(1) When significant changes are limited to a few sections or portions of the plan, the Department need only recirculate the sections or portions that have been modified. 
(2) When significant changes are not limited to a few sections of the plan, the Department shall recirculate the entire plan. 
(3) The Department shall prepare a letter of recirculation which shall include: 
(A) A brief description of the proposed project and its location. Such information shall include: 
1. The Plan number and County. 
2. The names of the timberland owner and the Plan Submitter. 
3. The location of the plan area by county, section, township, and range. 
4. The name of the nearest major watercourse or CAL Watershed ID. 
5. The acres proposed to be harvested. 
6. The silvicultural systems to be used. 
(B) A summary of changes made to the plan and a brief description of “significant new information” contained in the plan. 
(C) Clarification as to whether the entire plan or only those recirculated portions of the plan are open for public comment. 
(D) The starting and ending dates for the review period during which public comments will be received. 
(E) The date, time, and place of any scheduled public meetings when known by the lead agency at the time of notice. 
(F) The address where copies of the plan record is available for public review. 
(4) The letter of recirculation shall be sent to all review team members; any agency, person, or organization that commented on the plan; and all landowners who received a Notice of Intent (or Preparation). 
(5) The Department need only respond to: 
(A) Comments received during the initial circulation period that relate to sections or portions of the plan that were not revised and recirculated, and; 
(B) Comments received during the recirculation period that relate to the sections or portions of the plan that were revised and recirculated. 
(6) The Department shall include with the notice of submissions, a notice of recirculation pursuant to 14 CCR §1032.9. 
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code, and Joy Road Area Forest and Watershed Association, v. California Department of Forestry & Fire Protection, Sonoma County Superior Court No. SCV 229850.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Amendment filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
3. Change without regulatory effect amending subsection (c) and adopting new subsection (d) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
4. New subsections (e)-(f)(6) filed and amendment of Note 1-5-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 1). 
§1092.19. Time Periods for Review.
Note     •     History

The Director shall have 30 days from the date the preharvest or initial inspection is completed, or in the event the Director determines that such inspection is not needed, 15 days from the date of PTHP filing in accordance with 14 CCR 1092.16 or such longer period as may be mutually agreed upon by the Director and the person submitting the PTHP, to review the PTHP and to take written comment.
After the public review period has ended the Director shall have up to fifteen working days, or a longer period mutually agreed upon by the Director and the person submitting the PTHP, to review the public and agency comments, to respond in writing to issues regarding the conformance of the PTHP to the PTEIR and compliance with the rules of the board and to determine if the PTHP is in conformance with the PTEIR, Forest Practice Act and Board of Forestry rules.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Change without regulatory effect amending section filed 5-22-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 21).
§1092.20. Director's Guidance for Review of PTHP.
Note     •     History

(a) In reviewing a PTHP the Director shall determine if the PTHP is in compliance with the rules of the board specified in 14 CCR Article 6.8 and whether the proposed activity is within the scope of the PTEIR, and that the PTEIR adequately describes the proposed activity for the purposes of CEQA.
(b) In determining if a PTHP is within the scope of the PTEIR the Director shall determine if one or more of the following conditions exist which requires action under 14 CCR 1092.01(d):
1) Where activities are proposed in the PTHP that could result in significant environmental impacts not considered in the PTEIR.
2) Where substantial changes have occurred with respect to the circumstances under which the PTHP is undertaken that could result in significant environmental impacts not previously covered; or
3) Where new relevant information regarding impacts or mitigation measures becomes available that shows any of the following:
A) the PTHP would have one or more significant effects not disclosed in the PTEIR.
B) effects previously examined would be substantially more intensive or extensive than shown in the PTEIR.
C) mitigation measures or alternatives previously determined to substantially reduce one or more significant impacts but found to be infeasible would in fact be feasible, or
D) feasible mitigation measures or alternatives not previously considered in the PTEIR were identified that would substantially reduce one or more significant effects.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.21. Special Conditions Requiring Disapproval of a PTHP.
Note     •     History

The Director shall disapprove a PTHP as not conforming to the rules of the Board if any one of the following conditions exist:
(a) Boundaries of the area to be harvested are not clearly delineated in the PTHP.
(b) Public acquisition of the parcel for purposes which would be impaired by timber harvesting, is legislatively authorized, funded and imminent,
(c) There is evidence that the information contained in the PTHP is incorrect, incomplete or misleading in a material way, or is insufficient to evaluate significant environmental effects. The sufficiency of the information provided in the PTHP to evaluate significant environmental effects shall be judged in light of what is reasonable and necessary.
(d) Implementation of the PTHP as proposed would result in either a “taking” or finding of jeopardy of species listed as rare, threatened or endangered under the state or federal Endangered Species Acts, or would cause significant, long-term damage to listed species. The Director is not required to disapprove a plan if incidental “take” is authorized by a wildlife agency acting within its authority under state or federal endangered species acts.
NOTE

Authority cited: Sections 4551, 4555 and 4582, Public Resources Code. Reference: Sections 2053, 2080.1, 2090-2097, 2830 and 2835, Fish and Game Code; Sections 4555, 4582.7 and 4582.75, Public Resources Code; Section 51115.1, Government Code; the federal Endangered Species Act of 1973, 16 U.S.C. et seq.; and Laupheimer v. State  (1988) 200 Cal. App. 3d 440; 246 Cal. Rptr. 82.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Amendment of subsection (d) and Note filed 5-21-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 21).
3. Editorial correction of subsection (d) (Register 98, No. 33).
§1092.22. Nonconformance of PTHP.
Note     •     History

If the Director determines that a PTHP is not within the scope of the PTEIR or is not in conformance with the applicable rules of the Board the PTHP shall be returned in accordance with 14 CCR 1054. In addition, the Director shall state any changes and reasonable conditions that in the Director's professional judgment are needed to bring the PTHP within the scope of the PTEIR or into conformance with the applicable rules of the Board and offer to confer with the RPF in order to reach agreement on the conditions necessary to bring the PTHP into conformance.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.23. Conformance of PTHP.
Note     •     History

If the Director determines that the PTHP is within the scope of the PTEIR and is in conformance with the Forest Practice Act and applicable rules of the Board, then the person submitting the PTHP shall be notified and timber operations may commence.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.24. Notice of Conformance of the PTHP.
Note     •     History

Within ten working days of the date a PTHP is found in conformance, the Director shall transmit a notice thereof to the agencies and persons referred to in 14 CCR 1092.18 and for posting at the places named in 14 CCR 1092.17. A copy of the notice shall be filed with the Secretary for Resources. The notice of conformance shall include a written response of the Director to questions of consistency with the PTEIR raised during the evaluation process and shall also contain the following statements:
(a) The proposed activity is within the scope of the PTEIR, and
(b) The PTEIR adequately describes the environmental effects of the activity for the purposes of CEQA.
NOTE

Authority cited: Sections 4551, 4552 and 4553, Public Resources Code. Reference: Section 4552, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.25. Public Inspection.
Note     •     History

Notices of Conformance, pursuant to 14 CCR 1092.24 and notices of approval by the Board, pursuant to 14 CCR 1054.8, shall be available for public inspection, and a list of such notices shall be posted on a weekly basis in the Resources Agency office. Each such list shall remain posted for a period of 30 days.
NOTE

Authority cited: Sections 4551, 4552 and 4553, Public Resources Code. Reference: Section 4552, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.26. Amendment.
Note     •     History

Changes that are not “minor deviations” as defined in 14 CCR 895.1 are presumed to be substantial deviations if they potentially could have a significant adverse affect on timber productivity or values relating to soil, water quality, watershed, wildlife, fisheries, range and forage, recreation and aesthetic enjoyment that are beyond impacts identified in the PTEIR. Such actions may include, but are not limited to:
(a) Change in location of timber harvesting operations or enlargement of the area to be cut.
(b) Change in the silvicultural method and cutting system on any portion of the PTHP area.
(c) Change in type or location of logging (yarding) system or basic type of equipment.
(d) Change in location, nature or increase in length of proposed logging roads incorporating one or more of the following criteria:
(1) Any road in the Watercourse and Lake Protection Zone or where sidecast will extend into the Watercourse and Lake Protection Zone.
(2) Any road located in an extreme Erosion Hazard Rating area in the Coast Forest District, extreme Estimated Erosion Potential area in the Northern Forest District, or a high Erosion Potential area in the Southern Forest District.
(3) Any road where the average side slope exceeds 50%.
(4) Any road where unstable areas, active soil movement, or slide areas must be traversed.
(5) Any increase in gradient allowed by the District Rules as an exception and not provided for in the original PTHP.
(6) Any road extension of more than 600 feet (182.9 m).
(e) Any use of existing roads not shown in the original PTHP when reconstruction work to allow for vehicle travel will be substantial. Substantial work on an existing road means more than minor repair and dressing of the travel surface and removal of vegetation to allow for vehicle passage.
(f) Enlargement of landings where such enlargement was not justified in the original PTHP.
(g) Any change of operation in, or designation of, the Watercourse and Lake Protection Zone.
(h) Any downgrading of stream classification.
(i) A change to winter operation where summer operations was previously specified.
(j) Amendments proposing timber operations in a PTHP which would place the PTHP outside the scope of the PTEIR must be considered under 14 CCR 1092.01(d).
(k) Substantial deviations shall not be undertaken until such amendment has been filed and approved by the Director as required by this Article for the original PTHP.
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.27. Report Minor Deviations.
Note     •     History

(a) Minor deviations as described in 14 CCR 895.1 shall be submitted in writing to the Director before undertaking the deviation. Actions described in 14 CCR 1092.26 which are normally presumed to be substantial deviations may, in a given instance, be minor deviations. Actions listed as substantial deviations in 14 CCR 1092.26 or discussed in the PTEIR that are considered to be minor by the submitter may be undertaken only if requested in writing to and approved by the Director.
(b) The Director shall have five working days to determine if the proposed deviation is substantial or minor. Upon the date of receipt, the Director shall send copies of the proposed deviation to the Department of Fish and Game, the appropriate California Regional Water Quality Control Board, the Department of Conservation, Division of Mines and Geology, and any County which has special rules adopted under Section 4516.5 of the Public Resources Code.
(c) Where the Director fails to act within the five day period or a determination is made that the proposed deviation is minor, work may commence.
(d) Where the Director determines the proposed deviation is substantial, the review process in 14 CCR 1092.18 will be followed.
NOTE

Authority cited: Section 4591.1, Public Resources Code. Reference: Sections 4583.2 and 4591.1, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Amendment of subsection (b) filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
§1092.28. Effective Period of the PTHP and PTEIR.
Note     •     History

(a) The effective period of the PTHP within the meaning of PRC 4590 and 4591 is the 3 year period following the date the PTHP is determined to be in conformance or otherwise becomes effective pursuant to 4582.7. Timber operations shall commence no earlier than the expected date of commencement stated in the PTHP and shall be completed no later than the expected date of completion stated in the PTHP except under the following conditions:
(1) An amendment to change the completion date stated in a PTHP has been submitted to the Director at least ten days before the expected date of completion.
(2) An amendment to extend the effective period of a PTHP beyond three years is submitted in compliance with PRC 4590 which includes a map showing clearly the area pertinent to the request for extension.
(b) Upon receipt of such amendment, the Director shall determine whether the change in date constitutes a substantial deviation of the PTHP. An extension of time is presumed to be a minor deviation, provided the extension does not lead to practices that constitute a substantial deviation, as defined Section 1092.26. If the Director determines that such a change of date is a substantial deviation, then the PTHP extension shall not be approved.
(c) The PTEIR will be effective until such time as substantial changes in conditions occur or significant environmental impacts are identified which are not addressed in the PTEIR. When this occurs the PTEIR may be amended or supplemented to address such new information. Alternatively, PTHP's may be modified to fall within the scope of the PTEIR.
NOTE

Authority cited: Sections 4551, 4553, 4590 and 4591, Public Resources Code. Reference: Sections 4582.7, 4590, 4591 and 4591.1, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.29. Change of Ownership.
Note     •     History

(a) Any land ownership change upon which there is an unapproved work completion report or stocking report, must be reported to the Director.
(b) Prior to recordation, the existing PTHP timberland owner shall notify the acquiring timberland owner of the existence of the PTHP, the requirement to notify the Director of the change of ownership, and the acquiring party's responsibility for compliance with the stocking standards of the Act and the applicable rules of the Board of Forestry.
(c) The acquiring party shall notify the Director within 10 days of the date title is recorded by the county recorder.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4588 and 4608, Public Resources Code.
HISTORY

1. New section filed 8-10-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5(b) (Register 98, No. 33).
2. Change without regulatory effect amending section heading and removing pre-1999 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17). For prior history, see Register 96, No. 48. 
§1092.30. Cancellation of PTHP.
Note     •     History

All parties who submitted the PTHP, or their successors, must sign the request to the Director for cancellation of a PTHP. Once cutting has commenced, the PTHP may not be canceled except as to lands not harvested.
NOTE

Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4588 and 4608, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.31. Appeals.
Note     •     History

Appeals of PTHPs shall be the same as provided for in the FPA for THPs. For Head of Agency Appeals, the appealing agency shall have ten days from the Directors determination date to notify the Board of their intent to appeal. The other requirements of Section 1056(a) shall be submitted to the Board within 30 days after the Director's decision. The 30 days specified in Section 1056.2 commence when the appeal statement meets the requirements of 1056(a).
NOTE

Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
§1092.32. Interim Measures for Maximum Sustained Production of High Quality Timber Products.
Note     •     History

Timberland ownership's of 50,000 acres or more may use subsection  (c) of Sections 913.11, 933.11, and 953.11 if a Notice of Preparation for a PTEIR has been filed with the Department. This option may only be used until the PTEIR is certified or rejected by the Department. Maximum Sustained Production will be maintained under the provisions of the PTEIR after certification of the PTEIR by the Department.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4561 and 21080.5, Public Resources Code.
HISTORY

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Editorial correction (Register 98, No. 33).
Article 6.9. Road Management Plan
§1093. Road Management Plan.
Note     •     History

General. The Road Management Plan (RMP) may be submitted as part of a plan at the option of one or more timberland owners and is intended to supplement the harvesting plan process through the provision of additional information specific to the long-term management of road systems. The RMP provides a means for addressing long-term issues related to the construction and maintenance of road systems, and analysis of the potential for cumulative adverse impacts to fish, wildlife and the beneficial uses of water on a broader landscape basis. The extent to which the RMP may be used as part of a cumulative impacts assessment for timber operations proposed in a plan shall be based upon the extent and quality of information provided in the RMP. In evaluating cumulative effects during the preparation of the RMP, if the RPF has adequately considered the factors set forth in the applicable sections of Technical Rule Addendum No. 2, no additional evaluation will be necessary to address these factors in the plan. 
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000 and 21001, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; and NRDC v. Arcata National Corp. (1976) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172.
HISTORY

1. New article 6.9 (sections 1093-1093.6) and section filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
§1093.1. Guidelines for Orderly Evaluation of Activities Proposed by an RMP.
Note     •     History

A RMP shall specify measures to be applied to a road system within a Road Management Unit to protect, maintain, enhance or restore environmental resources as required by the Forest Practice Act and the Forest Practice Rules, and consistent with other laws and regulations and the objectives of the timberland owner. Specific objectives and requirements of an RMP shall include:
(a) Identification of the long-term access and transportation objectives of the timberland owner(s).
(b) Identification of the beneficial uses of water and the biological resources that could be affected by road management activities, including aquatic and terrestrial wildlife, rare, threatened or endangered species.
(c) Identification of issues regarding public safety, soil productivity, soil stability, and air quality associated with fugitive dust that could be affected by road management activities.
(d) Identification, prioritization and implementation of road-related activities that will:
(1) avoid or mitigate significant adverse impacts to resources identified in subsections (b) and (c) above. 
(2) reduce long-term management costs.
(3) protect and maintain the quality and beneficial uses of water (as defined in the applicable Water Quality Control Plan) where they are in good condition, and, insofar as feasible, restore them where they are impaired.
(e) Identification of noxious weed species (as defined by the State of California Department of Food And Agriculture, Division of Plant Health & Pest Prevention Services, Noxious Weed Species and Noxious Weed Seed Lists A, B, C, and Q at http://www.cdfa.ca.gov/phpps/ipc/encycloweedia/pdfs/noxiousweed_ratings.pdf) when populations of such species could be expanded by road management activities.
(f) The RMP shall be prepared by an RPF. The RPF may be required to utilize the services of other licensed professionals or qualified experts pursuant to PRC §752(b). 
(g) The information and management practices in a RMP will be scaled to the current and historical condition, and sensitivity of the beneficial uses of water and the resources identified in (b) and (c) above. 
(h) The RMP may be as extensive and detailed as the timberland owner desires and may contain approaches to solving problems that include exceptions, in lieu, or alternative practices that meet the requirements of the Forest Practice Rules. 
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000 and 21001, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; and NRDC v. Arcata National Corp. (1976) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172.
HISTORY

1. New section filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
§1093.2. Contents of Road Management Plan.
Note     •     History

The Road Management Plan shall, at a minimum, contain the following information:
(a) Name and Address of timber and timberland owner(s).
(b) Ownership(s) description and location, including legal descriptions (by Township, Range and Section) and a regional map depicting the ownership(s) and Road Management Units covered by the RMP. 
(c) The RMP shall contain a goals and objectives element, an evaluation element, an operational element, a verification element, and an adaptive management element. 
(1) The goals and objectives element shall include at least the following: 
(A) A description of the timberland owner's long-term road planning process and objectives.
(B) The timberland owner's desired future conditions, performance standards, and priorities for the road system and for the beneficial uses of water and other resources needed to attain the objectives of the RMP.
(C) The identification of any additional permitting requirements that the submitter proposes to satisfy through the RMP.
(D) A description of the Road Management Unit including maps clearly depicting the following information:
1. The ownership boundaries of the area covered by the RMP. 
2. The location of existing or proposed roads known at the time of RMP submission. 
Maps shall be topographic, at a scale and detail sufficient to allow the Director to evaluate the area covered by the RMP, and may be provided in electronic format.
(2) The evaluation element shall contain at least the following information:
(A) A general description of the watersheds covered by the RMP including information on soils, topography, vegetation, the condition of the watersheds, and the condition of the watercourses and lakes within the watersheds. This description shall include the current and historic road system as it pertains to sediment production, delivery to, and transport within watercourses and lakes, and the effect of sediment on the beneficial uses of water and other resources.
(B) Identification of significant constraints associated with the road system within the Road Management Unit or planning watershed which may include, but are not limited to, cultural, biological, economic, geographical, geological, legal, and social constraints.
(C) An inventory and assessment of the road system shall be conducted. If an inventory has not been completed, the RMP shall include a prioritized schedule for completion of the inventory. At a minimum, the inventory and assessment shall be complete for the area encompassed in the plan to which the RMP is appended. The inventory and assessment shall include the following:
1. A brief description of the method used to do the inventory and assessment.
2. An inventory of permanent, seasonal and temporary roads, landings, crossings, and historic roads. The inventory shall include a description of roads within each Road Management Unit, and road system maps at a scale sufficient to clearly show the classification of all roads and their location relative to the beneficial uses of water and other resources that may be affected by roads and landings. The scale of the map shall be specified in the RMP and approved by the Director. 
3. An assessment of the road system related to location, condition, trend, and sensitivity of beneficial uses of water and other resources that may be affected by roads and landings. The assessment shall include:
a. The road surface drainage network including watercourse crossings and their relationship to the natural hydrologic system.
b. The ability of permanent watercourse crossings to accommodate the 100-year flood flow, including debris and sediment loads. 
c. The ability of permanent watercourse crossings to accommodate fish passage at all life stages.
d. The location and identification of known sediment source sites related to inventoried roads, landings, and drainage structures directly associated with watercourses and lakes. 
e. The identification of any known unstable areas and unstable soils associated with roads or in close proximity to roads. 
f. The evaluation of other constraints identified in subsection (2)(B) above as they affect the RMP.
4. The prioritization of any proposed maintenance, repair, improvement or abandonment of individual components of the overall road system. The road management priorities shall include clear and logical links to the stated objectives and evaluation findings. 
a. Road-related sediment sources, including but not limited to road segments and specific road points, shall be prioritized as “High”, “Medium”, and “Low”. The prioritization shall take into account volume of materials that could be delivered to a watercourse or lake, proximity to a watercourse or lake (delivery hazard), and watercourse or lake classification (resource vulnerability). 
5. Creation of a treatment schedule for sediment source priority areas. 
a. Highest priority sites shall be addressed in the shortest time frame practicable. To the extent possible, treatment of lower priority areas shall be coordinated with treatment of higher priority areas.
6. Prioritization of drainage facilities and structures not currently facilitating passage for all life stages of fish.
7. Creation of a schedule for modification of drainage facilities and structures not currently facilitating passage for all life stages of fish. 
(D) An evaluation of significant environmental effects that may result from the proposed actions described in the RMP shall be conducted.
(E) An analysis of cumulative effects shall be conducted in conformance with 14 CCR §§898, 912.9 [932.9,952.9] and Technical Rule Addendum No. 2. 
(3) The operational element shall, at a minimum, address proposed road management operations, stated time frames for actions, clear lines of responsibility for implementation, and schedules to be implemented in a plan, including:
(A) A road construction, reconstruction and use component to ensure that operations occur on a stable operating surface that does not produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or would violate Water Quality Requirements. This component shall include, at a minimum, restrictions for wet weather operations, surfacing objectives, and provisions for water drafting.
(B) A road maintenance and inspection component that includes a description of erosion control and soil stabilization treatments that may be used under the RMP.
(C) A road improvement component, including proposed actions or treatments and an implementation schedule as provided in subsections (2)(C) 4. and 5. above. 
(D) A road abandonment component, if proposed, including provisions for closure and access control. 
(E) Contingency plans for addressing emergencies as defined by 14 CCR §15359.
(F) Actions consistent with the California Forest Practice Rules for Logging Roads and Landings, Title 14, Subchapters 4, 5 & 6, Article 12 [Article 11. Northern District]. The RPF may propose an exception to a standard rule as provided in Article 12 [Article 11. Northern District] to achieve identified goals and objectives where the exception provides equal protection to water quality and minimizes soil erosion.
(4) The verification element shall include the procedures and schedule to be used to:
(A) Monitor implementation of, and verify compliance with, the operational provisions of the RMP.
(B) Monitor the effectiveness and progress of the plan's operational element in achieving the RMP's stated goals and objectives. Such provisions may include evaluation by the RMP submitter and evaluation of affected areas with representative conditions.
(C) Report monitoring and evaluation information developed through subsections (4)(A) and (B) above to the Department on an annual basis or as specified in the RMP and as approved by the Director. 
(5) The adaptive management element shall include:
(A) The criteria used to determine when to update and revise the RMP based on new information, scientific reports and data, new legal requirements, monitoring results, and changing environmental conditions.
(B) The process to implement changes to the RMP resulting from new information, scientific reports and data, new legal requirements, monitoring results, and changing environmental conditions.
(C) The method to be used to monitor the progress toward achieving the RMP's goals and objectives pursuant to subsection (4)(C) above. 
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000 and 21001, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; and NRDC v. Arcata National Corp. (1976) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172.
HISTORY

1. New section filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
2. Amendment of subsection (c)(3)(A) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§1093.3. Limitation on Information Requirements.
Note     •     History

Information requirements shall be guided by the principles of practicality and reasonableness. Where the Management Unit(s) to be included in an RMP contain(s) land or timber owner(s) who are not participating in the development and approval of the RMP, the information required of the RMP submitter regarding past, present, and reasonably foreseeable probable future projects shall be limited to: 1) information regarding the ownership(s) seeking RMP approval, and 2) matters of public record readily available to the submitter. 
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000 and 21001, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; and NRDC v. Arcata National Corp. (1976) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172.
HISTORY

1. New section filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
§1093.4. RMP Effective Period.
Note     •     History

The effective period of the RMP shall not exceed the effective period of the plan to which the RMP is appended. 
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000 and 21001, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; and NRDC v. Arcata National Corp. (1976) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172.
HISTORY

1. New section filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
§1093.6. Notice of Filing.
Note     •     History

When a RMP is submitted as part of a plan, the Director shall so indicate on the notice of filing. 
NOTE

Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000 and 21001, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; and NRDC v. Arcata National Corp. (1976) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172.
HISTORY

1. New section filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
Article 7. Conversion of Timberland
§1100. Definitions.
Note     •     History

The following are definitions of words and terms as used in this article:
(a) “Alternate Use” or “Alternative Use” means a proposed land use that is not a compatible use within a timberland production zone. (Reference: Section 51134(b), Government Code.)
(b) “Bona Fide Intention” or “bona fide intent” means a present, sincere intention of the applicant to conform with and successfully execute the conversion plan, as determined by the Director in accordance with provisions of Section 1105.2. (Reference: Section 4623, Public Resources Code.)
(c) “Coastal Commercial Timberlands” means timberland as defined in PRC 4526, for those lands which lie within the coastal zone and outside a timberland production zone; or as defined in Gov. C. 51100(f) for those lands which lie within both the coastal zone and a timberland production zone. (Reference: Sections 4526 and 30243, Public Resources Code; Section 51100(f), Government Code.)
(d) “Coastal Zone” means those lands defined in PRC 30103. (Reference: Section 30103, Public Resources Code.)
(e) “Compatible Use” means compatible use as defined in Gov. C. 51100(h) and 51111, as made specific by county or city ordinance adopted pursuant thereto. (Reference: Sections 51100(h) and 51111, Government Code.)
(f) “Contiguous” means two or more parcels of land that are adjoining or neighboring or are sufficiently near to each other, as determined by the County Board of Supervisors or City Council, that they are manageable as a single forest unit. (Reference: Section 51100(b), Government Code.)
(g) “Timberland Conversion” means:
(1) Within non-Timberland Production Zone (TPZ) timberland, transforming timberland to a nontimber growing use through timber operations where:
(A) Future timber harvests will be prevented or infeasible because of land occupancy and activities thereon; or
(B) Stocking requirements of the applicable district forest practice rules will not be met within five years after completion of timber operations; or
(C) There is a clear intent to divide timberland into ownerships of less than three acres (1.214 ha.).
(2) Within Timberland Production Zone (TPZ) lands, the immediate rezoning of TPZ lands, whether timber operations are involved or not, except as exempt from a timberland conversion permit under 14 CAC 1104.1.
(h) “Conversion Permit” means the timberland conversion permit, issued by the Director or the Board upon appeal, approving the application for timberland conversion and authorizing a conversion of timberland to use or uses other than the growing of timber. (Reference: Sections 4622, 4624, 4624.5 and 4625, Public Resources Code.)
(i) “Government Agency” means the State or any department, agency, or public body thereof, a city or county, public corporation, municipal corporation, or public district. (Reference: Sections 21062 and 21063, Public Resources Code.)
(j) “Immediate Rezoning” means a change in zoning for land use by the appropriate county or city having jurisdiction of an area within a Timber Production Zone to allow an alternative use pursuant to Article 4 (commencing with Section 51130) of Chapter 6.7, Part 1, Division 1, Title 5 of the Government Code. (Reference: Section 4526, Public Resources Code; Section 51100(f), Government Code; Section 1021, Title 14, CAC.)
(k) “Land Parcel” means a piece of land under one ownership where no part is completely separated from any other part by a different fee ownership.
(l) “Parcel” means parcel as defined in Section 51104(i) of the Government Code.
(m) “Timberland” means timberland as defined in PRC 4526, for land outside a timberland production zone. “Timberland” means timberland as defined in Gov. C. 51100(f), for land within a timberland production zone. (Reference: Section 4526, Public Resources Code; Section 51100(f), Government Code.)
(n) “Timberland Preserve Zone” or “TPZ” means timberland pre--serve zone as defined in Gov. C. 51100(g). (Reference: Section 51100(g), Government Code.)
NOTE

Authority cited: Section 4621, Public Resources Code. Reference: Sections 700, 701, 4526, 4621, 4622, 4623, 4624, 4624.5, 4625, 4626, 21062, 21063, 30103 and 30243, Public Resources Code; and Sections 51100, 51111 and 51134(b), Government Code.
HISTORY

1. Renumbering and amendment of former Section 1100 to Section 1101, and renumbering and amendment of former Section 1102 to Section 1100 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
2. Editorial correction filed 9-29-83; designated effective 10-1-83 (Register 83, No. 40).
§1100.1. Public Records. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 4621, Public Resources Code; Sections 6250-6261, Government Code. Reference: Section 6252(d), Government Code; Section 4582.6, Public Resources Code.
HISTORY

1. Renumbering of Section 1100.1 to Section 1103.2 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
§1101. Purpose.
Note     •     History

The purpose of these regulations is to interpret and make specific certain provisions of the Z'berg-Nejedly Forest Practice Act of 1973, contained in Chapter 8 (commencing with Section 4511) of Part 2, Division 4 of the Public Resources Code; the Environmental Quality Act of 1970, contained in Division 13 (commencing with Section 21000) of the Public Resources Code; portions of the Z'berg-Warren-Keene-Collier Forest Taxation Reform Act of 1976 (Chapter 176, California Statutes of 1976), contained in Chapter 67 (commencing with Section 51100) or Part 1, Division 1, Title 5 of the Government Code; the California Coastal Act of 1976, contained in Division 20 (commencing with Section 30000) of the Public Resources Code; and the Public Records Act, contained in Chapter 3.5 (commencing with Section 6250) of Division 7, Title 1 of the Government Code. These regulations pertain to the conversion of certain timber-growing lands to a use or uses other than the growing of timber.
NOTE

Authority cited: Section 4621, Public Resources Code. Reference: Sections 4621 and 30243, Public Resources Code; Section 51133, Government Code; Chapters 176, 1300 and 1330, Statutes of 1976.
HISTORY

1. Renumbering of former Section 1101 to Section 1102, and renumbering and amendment of former Section 1100 to Section 1101 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
§1102. Authority Delegated to Director.
Note     •     History

The Board delegates its authority and responsibilities to the Director for administration of Article 9 (commencing with Section 4621) of Chapter 8, Part 2, Division 4 of the Public Resources Code, and Article 4 (commencing with Section 51130) of Chapter 6.7, Part 1, Division 1, Title 5 of the Government Code, and the administrative regulations adopted pursuant to each of the above cited authorities, except that all hearings thereunder shall be before the Board.
NOTE

Authority cited: Section 4627, Public Resources Code. Reference: Sections 4621-4628, Public Resources Code; and Section 51133, Government Code.
HISTORY

1. Amendment filed 1-24-80; effective thirtieth day thereafter (Register 80, No. 4).
2. Renumbering and amendment of former Section 1102 to Section 1100, and renumbering of former Section 1101 to Section 1102 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
§1103. Conversion of Timberland.
Note     •     History

Any person, firm, corporation, company, partnership or government agency owning timberland for which the timberland owner proposes conversion as defined in Section 1102 shall apply to the Director on a form prescribed by him for issuance of a Timberland Conversion Permit.
NOTE

Authority cited: Sections 4621 and 4627, Public Resources Code. Reference: Section 4621, Public Resources Code.
HISTORY

1. Amendment filed 1-24-80; effective thirtieth day thereafter (Register 80, No. 4).
§1103.1. Prohibited Activity.
Note     •     History

(a) No timber operations or other conversion activities shall be conducted on timberland which is proposed to be converted to a use other than the growing of timber unless a conversion permit has been issued by the Director or the Board upon appeal and the permit has been recorded in compliance with 14 CCR 1107.4(a).
(b) No timber operations shall be conducted on timberland for which a conversion permit has been issued until a Timber Harvesting Plan has been filed with, and found in conformance by, the Director in accordance with Article 7 (commencing with Section 4581) of Chapter 8, Part 2, Division 4 of the Public Resources Code and the rules and regulations of the Board issued pursuant thereto.
(c) The timberland owner shall provide each timber operator copies of both the recorded conversion permit, and recorded amendments thereto, and the approved Timber Harvesting Plan. Copies of said documents shall be conveniently available for inspection at all times during timber operations conducted pursuant to said conversion permit.
NOTE

Authority cited: Section 4622, Public Resources Code. Reference: Section 4622, Public Resources Code.
HISTORY

1. Amendment filed 1-24-80; effective thirtieth day thereafter (Register 80, No. 4).
2. Renumbering and amendment of former Section 1103.1 to Section 1104, and renumbering and amendment of former Section 1109 to Section 1103.1 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
3. Change without regulatory effect filed 6-19-89 (Register 89, No. 28).
§1103.2. Public Records.
Note     •     History

All applications, forms, documents, correspondence, maps, photographs, and other materials submitted to the Director or Board relating to an application for conversion are public records pursuant to the provisions of the Public Records Act, contained in Chapter 3.5 (commencing with Section 6250) of Division 7, Title 1 of the Government Code.
NOTE

Authority cited: Section 4621, Public Resources Code; and Sections 6250-6261, Government Code. Reference: Section 6252(d), Government Code; and Section 4582.6, Public Resources Code.
HISTORY

1. Amendment and new subsections (b)-(g) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).
2. Renumbering and amendment of former Section 1103.2 to Section 1104.1, and renumbering of former Section 1100.1 to Section 1103.2 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1103.5. Timber Harvesting Plan Processing. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 4621 and 4623, Public Resources Code. Reference: Sections 4581 and 4582, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 1103.5 to Section 1106.2 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1103.7. Coastal Zone Conversion. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 4155, 4621, 21100 and 30243, Public Resources Code. Reference: Sections 21100, 30243, Public Resources Code.
HISTORY

1. Amendment filed 12-20-79 as an emergency; effective upon filing (Register 79, No. 51). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 4-19-80.
2. Repealed by operation of Section 11422.1(c), Government Code (Register 75, No. 44).
3. Adoption filed 6-11-80; effective thirtieth day thereafter (Register 80, No. 24).
4. Renumbering and amendment of Section 1103.7 to Section 1108 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1104. Operations Requiring Conversion Permit.
Note     •     History

Except as exempted by Sections 1104.1 and 1104.2 of this article a timberland conversion permit issued by the Director is required for conversion of timberland as defined in Section 1100. Issuance of the Timberland Conversion Permit to the timberland owner must be completed before conversion operations begin.“Conversion operations” include final immediate rezoning of timberland production zone lands, and timber operations as defined in PRC 4527 on nontimberland production zone timberlands.
NOTE

Authority cited: Sections 4621 and 4623, Public Resources Code. Reference: Section 4527, Public Resources Code.
HISTORY

1. Renumbering of former Section 1104 to Section 1105, and renumbering and amendment of former Section 1103.1 to Section 1104 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
2. Editorial correction filed 9-29-83; designated effective 10-1-83 (Register 83, No. 40). 
3. Change without regulatory effect filed 6-19-89 (Register 89, No. 28).
§1104.1. Conversion Exemptions:
Note     •     History

Timber operations conducted under this subsection shall be exempt from conversion permit and timber harvesting plan requirements of this article except no tree that existed before 1800 A.D and is greater than sixty (60) inches in diameter at stump height for Sierra or Coastal Redwoods, and forty-eight (48) inches in diameter at stump height for all other tree species shall be harvested unless done so under the conditions or criteria set forth in subsection 1104.1(i). Timber operations shall comply with all other applicable provisions of the Z'berg-Nejedly Forest Practice Act, regulations of the Board and currently effective provisions of county general plans, zoning ordinances and any implementing ordinances. The Notice of Conversion Exemption Timber Operations shall be considered synonymous with the term “plan” as defined in 14 CCR 895.1 when applying the operational rules and regulations of the Board.
(a) This conversion exemption is applicable to a conversion of timberland to a non-timber use only, of less than three acres in one contiguous ownership, whether or not it is a portion of a larger land parcel and shall not be part of a THP. This conversion exemption may only be used once per contiguous land ownership. No person, whether acting as an individual, acting as a member of a partnership, or acting as an officer or employee of a corporation or other legal entity, may obtain more than one exemption pursuant to this section in a five-year period. If a partnership has as a member, or if a corporation or any other legal entity has as an officer or employee, a person who has received this exemption within the past five years, whether as an individual or as a member of a partnership, or as an officer or employee of a corporation or other legal entity, then that partnership, corporation, or other legal entity is not eligible for this exemption. “Person,” for purposes of this section, means an individual, partnership, corporation, or any other legal entity.
(1) A Notice of Conversion Exemption Timber Operations (notice) must be prepared by an RPF and submitted to the Director. The notice shall contain the following:
(A) the names, addresses, and telephone numbers of the timber owner, owner of the timberland to be converted, RPF, timber operator, and the submitter of the Notice of Conversion Exemption Timber Operations;
(B) legal description of the area where the timber operation is to be conducted, showing section, township, range, county and assessor parcel number;
(C) maps showing the ownership boundaries, the location of the timber operation, boundaries of the conversion, access routes to operation, location and classification of all watercourses, and landing locations;
(D) incorporation of a signed and dated statement from the authorized designee of the County Board of Supervisors stating that the conversion is in conformance with all county regulatory requirements, including county public notice requirements. When counties do not have an authorized designee, the RPF shall certify that the county has been contacted and the conversion is in conformance with county regulatory requirements (this may be incorporated into the notice);
(E) incorporation of a statement by the owner of the timberland to be converted:
1. certifying that this is a one-time conversion to non-timberland use, 
2. certifying that after considering the owner's own economic ability to carry out the proposed conversion and the feasibility evaluation required by 14CCR 1104.1(a)(6) that there is “bona fide intent”, as defined in CCR 1100(b), to convert,
3. specifying what the non-timberland use will be after conversion, and    
4. certifying and declaring under penalty of perjury that he/she whether acting as an individual, acting as a member of a partnership, or acting as an officer or employee of a corporation or other legal entity, has not obtained an exemption pursuant to this section in the last five years unless a waiver has been granted pursuant to 1104.1(a)(9); and
(F) signature of the submitter, timberland owner responsible for the conversion, the timber operator, and the RPF.
(2) The following conditions apply to conversion exemption timber operations:
(A) All timber operations shall be complete within one year from the date of acceptance by the Director.
(B) All conversion activities shall be complete within two years from the date of acceptance by the Director unless under permit by local jurisdiction. Failure to timely complete the conversion shall require compliance with stocking standards of PRC 4561 and stocking report requirements of Forest Practice Act and Board regulations.
(C) The RPF or supervised designee shall visit the site and flag the boundary of the conversion exemption timber operation and flag any applicable WLPZs and equipment limitation zones.
(D) This section refers to slash and woody debris resulting from timber operations associated with conversion exemptions. The timber operator shall be the responsible party for the treatment of logging slash and woody debris. Responsibility for treatment of logging slash and woody debris may be assumed by the landowner, provided that the landowner acknowledges in writing to the Director at the time of notice such responsibility and specific slash and woody debris treatment requirements and timing.
1. Unless otherwise required, slash greater than one inch in diameter and greater than two feet long, and woody debris, except pine, shall receive full treatment no later than April 1 of the year following its creation, or within one year from the date of acceptance of the conversion exemption by the Director, whichever comes first.
2. All pine slash three inches and greater in diameter and longer than four feet must receive initial treatment if it is still on the parcel, within 7 days of its creation.
3. All pine woody debris longer than four feet must receive an initial treatment prior to full treatment.
4. Initial treatment shall include limbing woody debris and cutting slash and woody debris into lengths of less than four feet, and leaving the pieces exposed to solar radiation to aid in rapid drying.
5. Full treatment of all pine slash and woody debris must be completed by March 1 of the year following its creation, or within one year from the date of acceptance of the conversion exemption by the Director, whichever comes first.
6. Full slash and woody debris treatment may include any of the following:
a. burying;
b. chipping and spreading;
c. piling and burning; or
d. removing slash and woody debris from the site for treatment in compliance with (a)-(b).
Slash and woody debris may not be burned by open outdoor fires except under permit from the appropriate fire protection agency, if required, the local air pollution control district or air quality management district. The burning must occur on the property where the slash and woody debris originated.
7. Slash and woody debris, except for pine, which is cut up for firewood shall be cut to lengths 24 inches or less and set aside for drying by April 1 of the year following its creation. Pine slash and woody debris which is cut up for firewood shall be cut to lengths 24 inches or less and set aside for drying within seven days of its creation.
All treatment work must be completed prior to the expiration date for the conversion exemption.
8. Any treatment which involves burning of slash or woody debris shall comply with all state and local fire and air quality rules.
9. This section does not supersede more restrictive treatments or time frames within a Forest district or subdistrict.
(E) Timber operations may be conducted during the winter period. Tractor operations in the winter period are allowed under any of the following conditions:
1. During dry, rainless periods but shall not be conducted on saturated soil condtions that may produce sediment in quantities sufficient to cause a visible increase in turbidity of downstream waters in receiving Class I, II, III or IV waters or that violate Water Quality Requirements. Erosion control structures shall be installed on all constructed skid trails and tractor roads prior to sunset if the National Weather Service forecast is a “chance” (30% or more) of rain within the next 24 hours.
2. When ground conditions in the conversion exemption area and appurtenant roads satisfy the “hard frozen” definitions in 14 CCR 895.1.
3. Over-snow operations where no soil disturbance occurs.
(F) No timber operations within a WLPZ unless specifically approved by local permit (e.g. County, City).
(G) The timber operator shall not conduct timber operations until receipt of the Director's notice of acceptance. Timber operations shall not be conducted without a valid on-site copy of the Director's notice of acceptance of operations and a copy of the Notice of Conversion Exemption Timber Operations as filed with the Director.
(H) No sites of rare, threatened or endangered plants or animals shall be disturbed, threatened or damaged and no timber operations shall occur within the buffer zone of a sensitive species as defined in 14 CCR 895.1.
(I) No timber operations on significant historical or archeological sites.
(J) The RPF and the timber operator shall meet (on-site, or off-site) if requested by either party to ensure that sensitive on-site conditions and the intent of the conversion regulations such as, but not limited to, slash disposal, will be complied with during the conduct of timber operations.
(3) A neighborhood notification of conversion exemption timber operations shall be posted on the ownership visible to the public by the RPF or supervised designee, at least 5 days prior to the postmark date of submission of the Notice of Conversion Exemption Timber Operations to the Director. The date of posting shall be shown on the neighborhood notice. In addition, immediately prior to the submission of the exemption to the Director, the landowner shall mail a letter to adjacent landowners within 300 feet of the boundaries of the exemption, and to Native Americans, as defined in 895.1 notifying them of the intent to harvest timber. The mailed letter of notice and the posted notice shall contain the following information on a form prepared by the RPF:
(A) the name, address and telephone number of the timberland owner, the timber operator, the agency of the county responsible for land use changes and the designated representative; if any, and the RPF;
(B) the location of the project, parcel number, street address, section, township and range, and;
(C) A statement explaining that this is a conversion from timberland use to a new land use, what the new land use will be, and that the maximum size is less than three acres.
(4) The Director shall determine if the Notice of Conversion Exemption Timber Operations is complete and accurate within fifteen days from the date of receipt.
(A) If the Notice of Conversion Exemption Timber Operations is not complete and accurate it shall be returned to the submitter identifying the specific information required. When found complete and accurate, the Director shall immediately send a notice of acceptance of operations to the submitter.
(5) The timberland owner shall, within one month from the completion of conversion exemption timber operations, which includes all slash disposal work, submit a work completion report to the Director.
(6) The timberland owner shall, using the services of an RPF to the extent the information required is within the scope of professional forestry practice, provide information documenting that the conversion to the stated non-timber use is feasible based upon, at a minimum, the following:
(A) the extent of the vegetation removal and site preparation required for the conversion;
(B) the suitability of soils, slope, aspect, and microclimate for the stated non-timber use;
(7) The Department shall provide for inspections, as needed, to determine that the conversion was completed.
(8) The notice shall expire if there is any change in timberland ownership.
(A) If the conversion has not been completed, the timberland owner on the notice shall notify the Department of the change in timberland ownership on or before 5 calendar days after a change in ownership.
(B) If operations have been conducted, but not completed under the exemption, the timberland owner on the notice shall notify the new timberland owner at least 15 days prior to the sale of the timberland of the requirements under 14CCR 1104.1(a)(8)(C).
(C) If operations have been conducted, but not completed under the exemption, the new timberland owner shall:
1. submit a new notice, or
2. comply with the following:
a. harvest no additional timber;
b. meet stocking requirements of 14CCR 1104.1(a)(2)(B);
c. dispose of the slash created under the exemption activities according to 14CCR 1104.1(a)(2)(D);
d. provide erosion control for skid trails, roads, landings, and disturbed areas as required by the Forest Practice Rules.
e. submit a report within 90 days of the change of timberland ownership that items a through d above were completed.
(9) A timberland owner may request a waiver to the five-year limitation described in 14 CCR 1104.1(a). The Director may grant the waiver upon finding that one of the following conditions exist:
(A)1. the construction of a building approved by the appropriate county/city permitting process is listed in the accepted Notice of Conversion Exemption Timber Operations as the non-timberland use after the conversion, and
2. the timberland owner demonstrates to the Director that substantial liabilities for building construction have been incurred on each conversion exemption that the timberland owner has received in the last 5 years at the time the waiver is requested, and
3. operations conducted on all exemptions issued to the timberland owner within the past 5 years, prior to the time the waiver is requested, have been conducted in a manner that meets or exceeds the intent of the Act and rules or any corrective work required by the Director has been satisfactorily completed.
(B) the change of ownership which caused the previous notice to expire was not the result of the sale of the timberland and the new timberland owner provides information demonstrating that the imposition of the 5-year limitation described in 14 CCR 1104.1(a) would impose an undue hardship on the timberland owner.
(C) the notice has expired and no operations have been conducted.
(D) The timberland owner provides an explanation and justification for the need of a waiver that demonstrates that the imposition of the 5-year limitation described in 14 CCR 1104.1(a) would impose an undue hardship on the timberland owner.
(b) Construction or maintenance of right-of-way by a public agency on its own or any other public property.
(c) The clearing of trees from timberland by a private or public utility for construction of gas, water, sewer, oil, electric, and communications (transmitted by wire, television, radio, or microwave) rights-of-way, and for maintenance and repair of the utility and right-of-way. The said right-of-way, however, shall not exceed the width specified in the Table of Normal Rights-of-Way Widths for Single Overhead Facilities and Single Underground facilities and the supplemental allowable widths.
Nothing in this section shall exclude the applicable provisions of PRC 4292 and 4293, and 14 CCR 1250 through 1258 inclusive for fire hazard clearance from being an allowable supplement to the exempt widths.
(d) Table of Rights-of-Way Widths for Single Overhead Facilities (A single facility for overhead electric lines means a single circuit)

Utility	Size	Width
Electric (Overhead	0-33 KV	20'
Distribution and	34-100 KV	45'
transmission	101-200 KV	75'
Single Circuits)	(pole)
	101-200 KV	80'
	(tower)
	201-300 KV	125'
	(tower)
	301- KV and above	200'
	(tower)

Telephone cable or	All	30'
open wire when
underbuilt

Communications (Radio,	All	30'
Television, Telephone
and Microwave)

Active or passive	All	40'
microwave repeater
and/or radio sites

Microwave paths emanating	All	20' from edges of
from antennas or passive		antenna or passive
repeaters		repeater, and
		following centerline of
		path.

Radio and Television antennas	All	30' In all directions

Telephone cable or open wire	All	30'
when underbuilt
(e) The above right-of-way widths for above ground facilities shall be allowed supplemental clearances as follows:
(1) Equal additional rights-of-way for each additional facility, including these allowable supplemental clearances under this section.
(2) Additional clearance widths for poles and towers, and for conductor sway as provided in PRC 4292 and 4293, and 14 CCR 1250 through 1258 inclusive, as applicable.
(3) Additional clearance for removal of danger trees as defined in 14 CCR 895.1.
(4) Additional land area for substation and switch yards, materials storage and construction camps, with clearance for firebreaks, and security fencing
(f) Table of Rights-of-Way Widths for Single Underground Facilities

Utility	Size	Width
Electric, Underground	4”-6” Conduit	50'
	More than 6” Conduit	60'

Gas, Oil, Water and	6” diameter or smaller	50'
Sewer (Underground	Over 6”-12” diameter	60'
pipe)	Over 12”-24” diameter	75'
	Over 24 ”diameter	100'

Penstocks, Syphons	All	100'

Ditches and Flumes	All	150'

Access Roads	All	Access road widths may
		be up to 14' with an addi--
		tional 10' width at turnout
		locations, plus additional
		width for cuts and fills.

		Access roads shall be in-- 				stalled and maintained so
		as to comply with the
		stream protection require--
		ments and erosion control
		requirements of the Forest
		Practice Act, related
		regulations, and the District
		Forest Practice Rules.

(g) The above right-of-way widths for underground facilities and penstocks, syphons, ditches and flumes shall be allowed supplemental clearances as follows:
(1) Additional width for cuts and fills.
(2) Removal of trees or plants with roots that could interfere with underground facilities, or with cuts and fills for installation.
(3) Additional clearance for removal of danger trees as defined in 14 CCR 895.1.
(4) For compressor, metering and control stations on natural gas pipelines; including firebreaks and security fencing:
(A) 450 foot width at one side of right-of-way and 500 foot length along the compressor stations.
(B) 300 feet x 300 feet on or alongside the right-of-way for metering and control stations.
(h) In-lieu practices for watercourse and lake protection zones as specified under Article 6 of these rules, exceptions to rules, and alternative practices are not allowed.
(i) Harvesting of large old trees shall only occur when:
(1) the tree is not critical for the maintenance of a Late Successional Stand and
(2) an RPF attaches to the exemption an explanation and justification for the removal based on the RPF's finding that one or more of the criteria or conditions listed under subsection (A), (B), or (C) are met. The requirements of (i)(2) need not be met if an approved management document; including but not limited to a HCP, SYP, NTMP or PTEIR; addresses large old tree retention for the area in which the large old tree(s) are proposed for removal and the removal is in compliance with the retention standards of that document. All trees to be harvested pursuant to this subsection shall be marked by an RPF prior to removal.
(A) The tree(s) is a hazard to safety or property. The hazard shall be identified in writing by an RPF or professionally certified arborist;
(B) The removal of the tree(s) is necessary for the construction of a building as approved by the appropriate county/city permitting process and as shown on the county/city approved site plan, which shall be attached to the Notice of Exemption;
(C) The tree is dead or is likely to die within one year of the date of proposed removal, as determined by an RPF or professionally certified arborist.
NOTE

Authority cited: Sections 4551, 4553, 4584, 4604, 4611 and 4628, Public Resources Code. Reference: Sections 4512, 4513, 4628 and 4584, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1103.2 to Section 1104.1 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
2. Editorial correction of subsection (c) printing error (Register 88, No. 45).
3. Change without regulatory effect filed 6-19-89 (Register 89, No. 28).
4. Amendment of subsections (a), (c), (e) and (g) filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
5. Amendment of subsection (a), new subsection (a)(3) and subsection renumbering and new subsections (a)(4)(G)-(a)(5) filed 7-19-93 as an emergency; operative 7-19-93 (Register 93, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-16-93 or emergency language will be repealed by operation of law on the following day.
6. Order of 7-19-93 repealed by operation of Government Code section 11346.1(e) (Register 94, No. 17).
7. Repealer of first paragraph through subsection (a)(3)(f)  and new first paragraph through subsection (a)(5) filed 8-31-94; operative 1-1-95 (Register 94, No. 35).
8. Editorial correction inserting inadvertently omitted History 1-6 (Register 95, No. 35).
9. Amendment of subsection (a)(3) filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
10. Editorial correction restoring inadvertently omitted subsections (b)-(g)(4)(B) and correcting History 7 (Register 96, No. 50).
11. Repealer of subsection (a)(2)(D) and new subsections (a)(2)(D)-(a)(2)(D)10. filed 11-24-97; operative 1-1-98 (Register 97, No. 48).
12. Amendment of subsections (a)(1), (a)(1)(A), (a)(1)(D), (a)(1)(F), (a)(2)(C), (a)(2)(J), (a)(3) and (a)(3)(A) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
13. Editorial correction of subsection (a)(2)(D)8. (Register 99, No. 26).
14. Amendment of section and Note filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 7).  
15. Editorial correction of subsection (c) (Register 2001, No. 46).
16. Amendment of first paragraph and new subsections (i)-(i)(2)(C) filed 11-16-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 46).
17. Editorial correction of subsections (a)(1) and (a)(1)(E) (Register 2002, No. 22).
18. Amendment of subsections (a), (a)(1) and (a)(1)(E), new subsections (a)(1)(E)1.-4. and (a)(6)-(9)(D) and amendment of Note filed 5-30-2002; operative 7-1-2002 (Register 2002, No. 22).
19. Amendment of subsection (a)(2)(E)1. filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
§1104.2. Exemption for Conversion of Non-TPZ Land for Subdivision Development.
Note     •     History

Timber operations for the conversion of land not in the Timberland Production Zone (TPZ) for subdivision development are exempt from this article, subject to all of the following conditions:
(a) The county board of supervisors or city council having jurisdiction has approved a tentative subdivision map pursuant to the Subdivision Map Act commencing with Government Code Section 66410.
(b) The county board of supervisors or city council having jurisdiction has granted required use permits and other necessary approvals.
(c) Before timber operations begin and before a Timber Harvesting Plan (THP) is submitted, the timberland owner shall file a Notice of Exemption from Timberland Conversion Permit for Subdivision on a form prescribed by the Director. The Notice shall include, but need not be limited to, the following:
(1) Names and addresses of timberland owner(s), timber owner(s), and developer(s).
(2) Documentation that a Notice of Determination has been filed with the Office of Planning and Research pursuant to PRC 21108 or with the appropriate county clerk pursuant to PRC 21152.
(3) Estimated date of completion of the project.
(4) Acres of timberland to be converted.
(5) Legal property description of the conversion area.
(6) Signature, title, and date of signing of the timberland owner(s). In the case of a partnership, at least one of the partners shall sign the application. For a corporation, a corporate officer shall sign. In other cases of more than one owner, all owners shall sign. An agent may sign for the owner(s) if so designated in writing submitted with the Notice.
(7) Plat or map of the area to be converted.
(8) Documentation of the county or city tentative subdivision map approval, conditions of approval, required use permit, or other required county or city project approvals.
(d) Except as provided in this article, the applicable requirements of PRC 4511 through 4628 inclusive, PRC 5093.50 through 5093.68 inclusive, and all regulations adopted pursuant thereto shall apply to the timber operations.
(e) If the subdivision development project is not completed or is abandoned, the Director may take corrective action pursuant to PRC 4605-4611 to have restocked those parts of the area from which timber has been harvested and which do not meet the stocking requirements of this chapter. For purposes of this subsection, the project shall be deemed abandoned or not completed if:
(1) The county or city tentative map approval has expired; and
(2) No further work has been carried on to complete the subdivision for three years after the expected date of completion stated in the THP. The Director shall order inspections as needed to determine whether the project has been completed as proposed.
(f) Partial performance shall be recognized. Those portions of the subdivision shall be deemed completed and excluded from the stocking requirement where the development has been completed and residential services have been provided pursuant to the plan for development.
NOTE

Authority cited: Sections 4551, 4621 and 4628, Public Resources Code. Reference: Sections 4551.5, 4621.1 and 21100, Public Resources Code.
HISTORY

1. New section filed 4-22-85; effective thirtieth day thereafter (Register 85, No. 17). 
§1104.3. Timberland Conversion Permit Fees.
Note     •     History

The applicant shall pay an application fee in the amount of $600 for the cost of processing an application for the conversion of timberland to a non-timber growing use. Where the land proposed to be converted lies within a TPZ, the applicant shall also follow the requirements of 14 CCR §1105.1. The fee(s) shall be submitted with the application to the Environmental Coordinator at the appropriate CAL FIRE Review Team Office listed under 14 CCR §1032. Where actual state cost exceeds the application fee, the additional charge equal to the excess cost will be computed using State Administrative Manual Sections 8752.1 and 8740 (dated March 1990). The Department will keep the applicant informed of any additional charges and will advise the applicant of any estimated future costs. All additional charges shall be paid by the applicant to the Department of Forestry and Fire Protection Accounting Office before the issuance of the Timberland Conversion Permit. Costs of recording the documents pursuant to this article shall be paid by the applicant.
NOTE

Authority cited: Sections 4621(b) and 4621.2(d), Public Resources Code. Reference: Sections 4621, 4621(b) and 4621.2, Public Resources Code.
HISTORY

1. Renumbering of section 1104.3 to section 1105.1 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
2. New section filed 6-24-92; operative 7-24-92 (Register 92, No. 26).
3. Change without regulatory effect amending section filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
§1105. Application.
Note     •     History

The conversion permit application shall be in a form prescribed by the Director and shall require but not be limited to the following information: the name and address of the applicant; the name and address of the timberland owner of record; the name and address of the timber owner; the legal description, general plan designation, and zoned status of the proposed conversion area; the proposed future use or uses of said area; the dates when conversion is to be commenced and completed; the approximate number of acres to be converted; the zoned status of adjacent property; a description of other land owned by the applicant in the surrounding area which could accommodate the proposed use or uses; together with a copy of the conversion plan. The application shall be executed under penalty of perjury.
NOTE

Authority cited: Sections 4621 and 4623, Public Resources Code. Reference: Section 4623, Public Resources Code.
HISTORY

1. Renumbering of former Section 1105 to Section 1105.4, and renumbering of former Section 1104 to Section 1105 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1105.1. Application Fees.
Note     •     History

In addition to the requirements of Section 1104.3, the applicant shall pay a fee in the amount of $100 for the cost of processing an application for conversion where the land proposed to be converted lies within a TPZ. Fees for the recording of documents pursuant to this article shall be borne by the applicant.
NOTE

Authority cited: Sections 4621(b) and 4621.2(d), Public Resources Code. Reference: Sections 4621, 4621(b) and 4621.2, Public Resources Code.
HISTORY

1. Renumbering of former sections 1104.3 to section 1105.1 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
2. Change without regulatory effect amending section filed 6-24-92; operative 7-24-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 26).
§1105.2. Director's Determination.
Note     •     History

The Director shall determine the applicant's bona fide intention to convert in light of the present and predicted economic ability of the applicant to carry out the proposed conversion; the environmental feasibility of the conversion, including, but not limited to, suitability of soils, slope, aspect, quality and quantity of water, and micro-climate; adequacy and feasibility of possible measures for mitigation of significant adverse environmental impacts; and other foreseeable factors necessary for successful conversion to the proposed land use.
NOTE

Authority cited: Sections 4623 and 4627, Public Resources Code. Reference: Section 4623, Public Resources Code.
HISTORY

1. New section filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1105.3. Conversion Plan.
Note     •     History

A conversion plan in a form prescribed by the Director shall become a part of the application. The plan conversion shall set forth in detail information pertaining to present and future use, soils, topography, conversion techniques, conversion time schedule and such other information as may be required and is applicable to the particular future use to which the land will be devoted.
NOTE

Authority cited: Sections 4621, 4623, Public Resources Code. Reference: Sections 4621 and 4627, Public Resources Code.
HISTORY

1. Renumbering of former Section 1106 to Section 1105.3 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
§1105.4. Additional Proof.
Note     •     History

The Director or the Board upon appeal may require that the applicant provide such further or additional proof or information as in the Director's or Board's judgment is necessary to allow him to decide whether or not to issue a conversion permit pursuant to PRC 4621.2 and 4623.
NOTE

Authority cited: Sections 4621.2 and 4623, Public Resources Code. Reference: Section 4624.5, Public Resources Code.
HISTORY

1. Renumbering of former Section 1105 to Section 1105.4 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
§1106. Conversion Permit Issuance.
Note     •     History

(a) The Director shall issue a conversion permit if:
(1) in his judgment the bona fide intent of the applicant to convert is established;
(2) he makes the written findings pursuant to PRC 4621.2, when applicable;
(3) he makes the written findings pursuant to PRC 21081, if an environmental impact report has been prepared;
(4) he finds that necessary and feasible mitigation measures have been incorporated into the proposed conversion; and
(5) he finds that no other proximate and suitable land not within a TPZ is available for the proposed alternative use for lands within a TPZ, if PRC 4621.2 applies.
(b) The Board upon appeal shall apply the same standards as the Director in subsection (a) above in determining whether to issue a conversion permit.
NOTE

Authority cited: Sections 4625, 4627, and 21081, Public Resources Code. Reference: Sections 4621.2 and 21081, Public Resources Code.
HISTORY

1. Renumbering of former Section 1106 to Section 1105.3, and renumbering and amendment of former Section 1107 to Section 1106 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
§1106.1. Contents of Conversion Permit.
Note     •     History

The conversion permit shall include, but not be limited to, the name of the permittee, identification of code section of the forest practice rules and regulations from which the timber operations are exempt, description of the lands to which the conversion permit is applicable, and the period of time during which the conversion permit is valid.
NOTE

Authority cited: Section 4625, Public Resources Code. Reference: Section 4625, Public Resources Code.
HISTORY

1. Renumbering of former Section 1107.3 to Section 1106.1 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
§1106.2. Timber Harvesting Plan Processing.
Note     •     History

Prior to the start of timber operations, the applicant shall submit to the Director a Timber Harvesting Plan applicable to timber operations set forth in the conversion plan. The THP may be submitted concurrently with the Timberland Conversion Permit application but the Director may not approve the THP until the Timberland Conversion Permit is issued.
NOTE

Authority cited: Sections 4621 and 4627, Public Resources Code. Reference: Sections 4581 and 4582, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1103.5 to Section 1106.2 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
2. Amendment filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§1106.3. Recordation, Renewal, Transferability.
Note     •     History

(a) The permittee shall submit the conversion permit to the County Recorder for recording in each county in which the property is located before beginning any operations contemplated under said permit. Amendments, suspensions, revocations, and cancellations of conversion permits shall be recorded in the same manner.
(b) A conversion permit may be renewed by the Director upon a proper showing of cause and necessity by the permittee. The Director may deny renewal and require a new application if he finds that circumstances have substantially changed.
(c) The privilege granted to the permittee is nontransferable and nonassignable for any purpose without written approval of the Director.
NOTE

Authority cited: Section 4622, Public Resources Code. Reference: Section 4622, Public Resources Code.
HISTORY

1. Renumbering of former Section 1107.4 to Section 1106.3 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
§1106.4. Conversion Permit Denial.
Note     •     History

(a) The Director shall deny a conversion permit:
(1) for any of the reasons set forth in PRC 4624;
(2) if, in the Director's judgment, the applicant has failed to provide satisfactory proof of his bona fide intent to convert;
(3) if the Director cannot make the findings required by PRC 21081, if an environmental impact report has been prepared;
(4) if the Director finds that necessary and feasible mitigation measures have not been incorporated into the proposed conversion; or
(5) for lands within a TPZ, if PRC 4621.2 applies and the Director finds that other proximate and suitable land not within a TPZ is available for the proposed alternative use.
(b) The Board upon appeal shall deny a conversion permit for any of the reasons specified in subsection (a) above.
NOTE

Authority cited: Sections 4624 and 4627, Public Resources Code. Reference: Sections 4621.2, 4624, 4624.5 and 21081, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1107.1 to Section 1106.4 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
§1106.5. Denial, Suspension, Revocation.
Note     •     History

(a) Except as provided in subsection (b), the Director may deny, suspend or revoke a conversion permit in accordance with the requirements of Article 9 (commencing with Section 4621 ) of Chapter 8, Part 2, Division 4 of the Public Resources Code, provided that all proceedings in connection with such action shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500 ) of Part 1, Division 3, Title 2 of the Government Code.
(b) The Director may deny a conversion permit pursuant to PRC 4621.2(e) provided that all proceedings in connection with such action shall be conducted in accordance with the provisions of subsection (a) above, except that the applicant must request a hearing before the Board within 15 days of service of the denial. The hearing shall be commenced within 60 days from the filing of the appeal unless a later hearing date is mutually agreed upon by the applicant and the Board.
NOTE

Authority cited: Sections 4621.2(e), 4624, 4626 and 4627, Public Resources Code; Sections 11500 et seq., Government Code. Reference: Section 4621, Public Resources Code; and Sections 11500 et seq., Government Code.
HISTORY

1. Renumbering and amendment of former Section 1107.2 to Section 1106.5 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
§1106.6. Environmental Documentation.
Note     •     History

NOTE

Authority cited: Sections 21000, et seq., Public Resources Code. Reference: Section 15065(b), Title 14 of California Administrative Code.
HISTORY

1. Repealer filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
§1107. Cancellation by Permittee.
Note     •     History

Upon application by the permittee for cancellation, the conversion permit may be cancelled by the Director upon such terms and conditions as he may set forth. Upon cancellation of the conversion permit, an agreement of cancellation, executed by the permittee and the Director, shall be recorded by the permittee in those counties in which the permit was originally recorded. Upon such recording, the subject land shall revert back to timberland and stocking shall be established pursuant to PRC 4561 and 4561.3. The Director shall provide a copy of the cancellation agreement to the county assessors and the county planning directors of those counties in which the property is located.
NOTE

Authority cited: Section 4621, Public Resources Code. Reference: Sections 4561 and 4561.3, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1107 to Section 1106, and renumbering of former Section 1108 to Section 1107 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1107.1. Conversion Permit Denial.
Note     •     History

NOTE

Authority cited: Sections 4624 and 4627, Public Resources Code. Reference: Sections 4621.2, 4624 and 21081, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 1107.1 to Section 1106.4 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1107.2. Denial, Suspension, Revocation.
Note     •     History

NOTE

Authority cited: Sections 4621.2(e), 4624 and 4626. Public Resources Code. Reference: Sections 4621 and 4624, Public Resources Code; Sections 11500, et seq., Government Code.
HISTORY

1. Renumbering and amendment of Section 1107.2 to Section 1106.5 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1107.3. Contents of Conversion Permit.
Note     •     History

NOTE

Authority cited: Section 4625, Public Resources Code. Reference: Section 4625, Public Resources Code.
HISTORY

1. Renumbering of Section 1107.3 to Section 1106.1 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1107.4. Recordation, Renewal, Transferability.
Note     •     History

NOTE

Authority cited: Section 4622, Public Resources Code. Reference: Section 4622, Public Resources Code.
HISTORY

1. Renumbering of Section 1107.4 to Section 1106.3 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1108. Coastal Zone Conversion.
Note     •     History

A timberland conversion permit is required for conversion of coastal commercial timberland to uses other than the growing of timber. Except as hereafter provided, conversion of any such timberland shall be limited to providing for necessary timber processing and related facilities.
The Director, or the Board upon appeal, may approve conversion of coastal commercial timberland for other than necessary timber processing and related facilities only if all of the following conditions are met:
(a) Such conversion will not introduce new uses or significantly intensify existing uses that are incompatible with timber growing on areas adjacent to the area proposed for conversion, or that have a substantial adverse impact on coastal resources, as determined by the Director; and
(b) The area proposed for conversion is in a unit of noncommercial size as determined by the California State Coastal Commission or the zoning in a certified local coastal plan; and
(c) The conversion complies with all other applicable laws, rules, and regulations.
NOTE

Authority cited: Sections 4621, 21100 and 30243, Public Resources Code. Reference: Sections 21100, 30007.5 and 30243, Public Resources Code.
HISTORY

1. Renumbering of former Section 1108 to Section 1107, and renumbering and amendment of former Section 1103.7 to Section 1108 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
2. Editorial correction of subsection (b) filed 9-29-83; designated effective 10-1-83 (Register 83, No. 40).
3. Amendment filed 8-31-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 35). 
§1109. Immediate Rezoning.
Note     •     History

Immediate rezoning of land within a TPZ shall be accomplished in compliance with one of the two procedures set forth in 14 CAC 1109.1 and 1110.
NOTE

Authority cited: Section 4622, Public Resources Code. Reference: Section 4622, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1109 to 1103.1, and renumbering and amendment of former Section 1110 to Section 1109 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
§1109.1. City or County Tentative Approval.
Note     •     History

When a county Board of Supervisors or City Council tentatively approves an immediate rezoning pursuant to Gov. C. 51133, for which a conversion permit is also required, it shall forward the following to the Director: documentation of its tentative approval upon a four-fifths vote of the full body; copies of the Notices sent to landowners within one mile (1.61 km) of the exterior boundary of the land upon which immediate rezoning is proposed, and the formal findings that immediate rezoning is not inconsistent with the purpose of subdivision (j) of Section 3 of Article XIII of the State Constitution, and findings that rezoning is in the public interest, as required by Gov. C. 51133(a); minutes of public hearing(s), including hearings held by the appropriate local planning agency pursuant to the application for immediate rezoning and any related applications for local government general plan land use category change, conditional use permit, or other entitlement for use; copies of documents, plans, maps, and photographs submitted in conjunction with the said public hearing(s); and copies of completed environmental documentation submitted pursuant to the application for immediate rezoning.
Upon the receipt of the foregoing materials, the completed conversion application and conversion plan, and such further information as may be required, the Director shall determine whether or not to approve the conversion pursuant to PRC 4621.2. Upon approval of the conversion by the Director or by the Board upon appeal, the Director shall so notify the county Board of Supervisors or City Council, who may then finalize the immediate rezoning.
NOTE

Authority cited: Section 4621.2, Public Resources Code. Reference: Section 51133, Government Code.
HISTORY

1. Renumbering and amendment of former Section 1110.1 to Section 1109.1 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1109.2. Public Interest.
Note     •     History

In determining whether or not to make the written finding contained in PRC 4621.2(a)(1), the Director or the Board upon appeal shall consider the following elements of public interest:
(a) Whether the alternative use will serve a public need; provide a public service; benefit the local community and region, including economic and social benefits; avoid damage or threatened damage to other property, especially public parks and other publicly-owned lands; or involve costs and secondary impacts caused by services required by the alternative use.
(b) The adverse environmental impacts of the alternative use and mitigation thereof. Impacts shall include, but not be limited to, impacts on lakes, streams, and other waters; wildlife; air quality; and aesthetics.
(c) The impact on the long term timber supply capability of California, including the cumulative impact from conversion of similar properties.
(d) The availability of proximate and suitable land to accommodate the alternative use which lies outside of a TPZ or which would involve the removal of lower quality timberlands from productive use.
NOTE

Authority cited: Section 4623, Public Resources Code. Reference: Section 4621.2(a)(1), (a)(3), and (b), Public Resources Code; Sections 51110(b), 51110.1(b), 51112(b) and (c), 51134(a)(1) and (b), Government Code.
HISTORY

1. Renumbering of former Section 1111 to Section 1109.2 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1109.3. No Substantial and Unmitigated Adverse Effect upon Other Timberland Production Zones Within One Mile (1.609 km).
Note     •     History

In determining whether or not to make the written finding contained in PRC 4621.2(a)(2), the Director or the Board upon appeal shall consider such adverse factors as increased fire hazard and risk, forest pest potential, mass land movement, gully and sheet erosion, increased windthrow, shock to nearby stands from exposure, harmful fumes, emissions, dust, discharge of waste or chemicals, unconfined grazing of livestock, diversion or impoundment of water, wildlife use changes damaging to other properties, and other potential adverse factors.
NOTE

Authority cited: Section 4623, Public Resources Code. Reference: Section 4621.2(a)(2), Public Resources Code.
HISTORY

1. Renumbering of former Section 1111.2 to Section 1109.3 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
2. Editorial correction of section heading filed 9-29-83; designated effective 10-1-83 (Register 83, No. 40).
§1109.4. Suitability of Soils, Slopes, and Watersheds.
Note     •     History

In determining whether or not to make the written finding contained in PRC 4621.2(a)(3), the Director or the Board upon appeal shall consider the following elements: whether the soil types and characteristics can support the proposed use, the erosion potential of the soils and slopes in light of the proposed use, potential mass land movement or subsidence, possible harm to quality or quantity of water produced in the watershed, fire hazard and risk to the watershed, adverse effects to fish and wildlife from removal of habitat cover, and such other elements as appropriate.
NOTE

Authority cited: Section 4621.2(a)(3) and 4623, Public Resources Code. Reference: Section 4621.2(a)(3), Public Resources Code.
HISTORY

1. Renumbering of former Section 1111.4 to Section 1109.4 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1109.5. No Other Reasonable or Comparable Timber Growing Use.
Note     •     History

In determining pursuant to PRC 4621.2(c) whether or not timberlands within a TPZ that are the subject of a conversion application may be put to another reasonable or comparable timber-growing use, the Director or the Board upon appeal shall consider timber stand volume, timber growth rate, timber site and soil, climate, potential markets, any other relevant factors.
NOTE

Authority cited: Section 4623, Public Resources Code. Reference: Section 4621.2(c), Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1111.6 to Section 1109.5 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
§1109.6. Supplemental Data and Opinions.
Note     •     History

As an aid to the Director or the Board upon appeal in making the findings and approving the proposed conversion pursuant to PRC 4621.2, the Director or the Board upon appeal may upon their own initiative consult with or request reports from appropriate experts. The Director or the Board upon appeal may also require the applicant to furnish appropriate and necessary information or documentation, including that from appropriate expert consultants at the applicant's expense.
NOTE

Authority cited: Section 4623, Public Resources Code. Reference: Section 4621.2, Public Resources Code.
HISTORY

1. Renumbering of former Section 1111.8 to Section 1109.6 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1110. Conversion Permit Within TPZ Not Required.
Note     •     History

Requests for immediate rezoning for an area exempted from this article pursuant to 14 CCR 1104.1 shall be processed in accordance with Gov. C. 51134.
NOTE

Authority cited: Section 51134, Government Code. Reference: Section 51134, Government Code.
HISTORY

1. Renumbering and amendment of former Section 1110 to Section 1109, and renumbering and amendment of former Section 1110.2 to Section 1110 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). For prior history, see Registers 78, No. 28 and 78, No. 13. 
2. Change without regulatory effect filed 6-16-89 (Register 89, No. 28).
§1110.1. City or County Tentative Approval.
Note     •     History

NOTE

Authority cited: Section 4621.2, Public Resources Code. Reference: Section 4621.2, Public Resources Code; Section 51133, Government Code.
HISTORY

1. Certificate of Compliance as to filing of 3-31-78 included with filing in Register 78, No. 13. Editorial correction (Register 78, No. 28).
2. Renumbering and amendment of Section 1110.1 to Section 1109.1 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1110.2. Conversion Permit Within TPZ Not Required.
Note     •     History

NOTE

Authority cited: Section 4526, Public Resources Code. Reference: Section 51134, Government Code; Section 1021, Title 14, Cal. Adm. Code.
HISTORY

1. Certificate of Compliance as to filing of 3-31-78 included with filing in Register 78, No. 13. Editorial correction (Register 78, No. 28).
2. Renumbering and amendment of Section 1110.2 to Section 1110 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
§1111. Public Interest.
Note     •     History

NOTE

Authority cited: Section 4623, Public Resources Code. Reference: Section 4621.2(a)(1), (a)(3), and (b), Public Resources Code; Sections 51110(b), 51110.1(b), 51112(b) and (c), 51134(a)(1) and (b), Government Code.
HISTORY

1. Renumbering of Section 1111 to Section 1109.2 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1111.2. No Substantial and Unmitigated Adverse Effect upon Other Timberland Production Zones Within One Mile (1.609 km).
Note     •     History

NOTE

Authority cited: Section 4623, Public Resources Code. Reference: Section 4621.2(a)(2), Public Resources Code.
HISTORY

1. Renumbering of Section 1111.2 to Section 1109.3 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
2. Change without regulatory effect of section heading changing “Preserve” to “Production” filed 6-19-89 (Register 89, No. 28).
§1111.4. Suitability of Soils, Slopes, and Watersheds.
Note     •     History

NOTE

Authority cited: Section 4621.2(a)(3) and 4623, Public Resources Code. Reference: Section 4621.2(a)(3), Public Resources Code.
HISTORY

1. Renumbering of Section 1111.4 to Section 1109.4 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1111.6. No Other Reasonable or Comparable Timber Growing Use.
Note     •     History

NOTE

Authority cited: Section 4623, Public Resources Code. Reference: Section 4621.2(c), Public Resources Code; Section 51112(b), Government Code.
HISTORY

1. Renumbering and amendment of Section 1111.6 to Section 1109.5 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1111.8. Supplemental Data and Opinions.
Note     •     History

NOTE

Authority cited: Section 4623, Public Resources Code. Reference: Section 4621.2, Public Resources Code.
HISTORY

1. Renumbering of Section 1111.8 to Section 1109.6 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1112. Chart: Land Use Changes and Conversion Requirements.
History

HISTORY

1. Repealer of Section 1112 and Appendix A filed 12-12-80; effective thirtieth day thereafter (Register 80, No. 50). For prior history, see Register 78, No. 45. 
Chapter 4.5. Hearings
§1115. Time for Request.
Note     •     History

The board of supervisors or planning commission of any county for which rules have been adopted pursuant to Section 4516.6 of the Public Resources Code may request a public hearing on any timber harvesting plan or non-industrial timber management plan submitted for lands within the county. Such request must be made no later than one (1) calendar day after  the pre-harvest inspection date. The request may be in writing, by phone, or by facsimile. The request must be for a specific plan that has been filed according to 14 CCR 1032. For good cause the Director may extend the deadline.
NOTE

Authority cited: Sections 4582.6(b), Public Resources Code. Reference: Section 4582.6(b), Public Resources Code.
HISTORY

1. New Chapter 4.5 (Sections 1115-1115.4) filed 8-25-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 35).
2. Amendment filed 12-28-95; operative 12-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 52).
§1115.1. Scheduling.
Note     •     History

Upon receipt of a request pursuant to 14 CCR 1115, the Department shall schedule a public hearing to be held no more than twenty-five (25) and no less than five (5) calendar days from the date of the request.
NOTE

Authority cited: Section 4582.6(b), Public Resources Code. Reference: Section 4582.6(b), Public Resources Code.
HISTORY

1. Amendment filed 12-28-95; operative 12-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 52).
§1115.2. Notification.
Note     •     History

The Department shall notify the public of the fact that such a public hearing will be held. The notice shall include information on the time and location of the hearing. The notice shall be given at least five (5) days before the date that the public hearing will be held. At a minimum, a copy of the notice shall be mailed to the county requesting the hearing, the Review Team members, and other interested parties as identified pursuant to 14 CCR 1032.7(e) and publishing a copy of the notice in a newspaper of general circulation in the area.
NOTE

Authority cited: Section 4582.6(b), Public Resources Code. Reference: Section 4582.6(b), Public Resources Code.
HISTORY

1. Amendment filed 12-28-95; operative 12-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 52).
§1115.3. Conduct of Hearing.
Note     •     History

The Department shall conduct a public hearing upon timely request. A Departmental representative shall conduct the hearing. The Departmental representative should be familiar with the THP or Non-Industrial Timber Management Plan under review. The purpose of the public hearing is to gather information from the public regarding the proposed timber operation. The public hearing is considered to be an integral part of the multidisciplinary review of the THP or NTMP. The comments of the public shall be electronically recorded by the Department, and may be recorded by any person present. No departmental action with regard to the approval or disapproval of a timber harvesting plan or Non-Industrial Timber Management Plan shall occur at the public hearing. The Department representative that conducted the hearing shall submit a written report of the hearing to the Departmental employee responsible for approval or disapproval of the plan. The Department shall provide written responses to significant issues raised at the public hearing in the official response of the director required by 14 CCR 1037.8.
NOTE

Authority cited: Section 4582.6(b), Public Resources Code. Reference: Section 4582.6(b), Public Resources Code.
HISTORY

1. Amendment filed 12-28-95; operative 12-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 52).
§1115.4. Comments.
Note     •     History

NOTE

Authority cited: Section 4582.6(b), Public Resources Code. Reference: Section 4582.6(b), Public Resources Code. 
HISTORY

1. Repealer filed 12-28-95; operative 12-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 52).
Chapter 5. Board of Forestry--Organization and Operation
Subchapter 1. Board Organization and Procedure
Article 1. Abbreviations and Definitions
§1120. Abbreviations.
Note     •     History

The following abbreviations are applicable throughout this Chapter.
“CAC” California Administrative Code.
“DTAC” District Technical Advisory Committee.
“Gov. C.” Government Code.
“PRC” Public Resources Code.
“RPF” Registered Professional Forester.
NOTE

Authority cited: Sections 736, 740, Public Resources Code.
HISTORY

1. New Subchapter 1 (Articles 1-4, Sections 1120-1137, not consecutive) filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Editorial correction to History Note 1 (Register 79, No. 14).
§1120.1. Definitions.
Note

The following definitions are applicable throughout Chapter 5 unless the context clearly requires otherwise.
“Board” means the California State Board of Forestry.
“Chairman” means the Chairman of the California State Board of Forestry.
“Department” means the Department of Forestry.
“Director” means the Director of the Department of Forestry.
“Executive Officer” means the Executive Officer of the California State Board of Forestry.
“Registered Professional Forester” means a person qualified and licensed to practice forestry in California pursuant to PRC 750 et seq.
NOTE

Authority cited: Sections 736, 740, Public Resources Code. Reference: Sections 700, 701, Public Resources Code. 
Article 2. Membership of Committees
§1121. District Technical Advisory Committee (DTAC) Appointments.
Note     •     History

(a) Recommendations of individuals for consideration by the Board for appointment to each vacant DTAC position shall be solicited. Recommendations must be in writing, must indicate willingness to serve of the person recommended, and must be received annually between September 1 and the October meeting of the Board, except during years when appointments do not need to be made.
(b) Nomination shall be made by a Subcommittee of the Board appointed by the Chairman. Nominations shall be made from names of persons recommended in writing to the Board.
(c) The nominating Subcommittee shall submit to the Board a maximum of two names for each DTAC vacancy. Additional nominations from among names identified in (a) above may be made by members of the Board at the Board meeting during which DTAC members are selected for appointment.
(d) Selection of DTAC members shall be at the November meeting of the Board to provide prompt filling of vacancies normally occurring in January. Selection shall be by roll call vote.
(e) If there are more than two nominees, and none receives a majority vote, there shall be a run-off election between the two nominees securing the highest number of votes in the first roll call.
(f) In the event of unexpected vacancies, new members shall be appointed to serve for the duration of the unexpired term. New nominations may be requested for this purpose or the most recent list of nominees submitted for vacant positions may be used. Such appointments shall be made not earlier than the next meeting of the Board following the Board meeting when the vacancy is announced and shall be made according to other portions of this Section, except for time of year.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4531-4536, Public Resources Code.
HISTORY

1. Repealer of former Article 2 (Sections 1121-1127) and renumbering and amendment of former Article 4 (Sections 1135 and 1136) to Article 2 (Sections 1121 and 1122) filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
§1122. Professional Foresters Examining Committee Appointments.
Note

(a) The Professional Foresters Examining Committee shall be made up of 7 members who serve at the pleasure of the Board. The Board shall periodically review committee membership for possible replacement of long term members.
(b) The committee members shall be selected by the Board from its own membership or from foresters (RPF) in good standing, or any combination of such persons. Committee members should be from a broad range of geographical areas within the state and also from a broad range of professional forestry employment categories including consultants, industrial, state, federal, professional education, and research. If possible, at least one public member of the Board shall be appointed to this committee.
(c) In case of vacancy on the committee, the Chairman of the Board shall appoint a nominating Subcommittee of the Board who shall solicit nominations from organizations of professional foresters and other interested persons.
(d) The nominating Subcommittee shall submit to the Board a maximum of two names for each committee vacancy. Additional nominations from among persons qualified under (b) above, may be made by members of the Board at the meeting during which the election is held.
(e) Selection to fill a committee vacancy shall take place at the next regular Board meeting following the meeting at which a vacancy is recognized. Selection shall be by roll call vote.
(f) If there are more than two nominees, and none receives a majority vote, there shall be a run-off election between the two nominees securing the highest number of votes in the first roll call.
(g) The Committee Chairman shall be appointed by the Chairman of the Board.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 763, Public Resources Code. 
Article 3. Emergency Meetings
NOTE

Authority cited: Sections 736 and 740, Public Resources Code. Reference: Section 736, Public Resources Code; Section 11125, Government Code.
HISTORY

1. Repealer of Article 3 (Sections 1132-1132.4) filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
Article 4. Membership of Committees
§1135. District Technical Advisory Committee (DTAC) Appointments.
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4531, 4531.5, 4533, 4535, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 1135 to Section 1121 filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
§1136. Professional Foresters Examining Committee Appointments.
Note     •     History

NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 763, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 1136 to Section 1122 filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
§1137. Other Committees.
Note     •     History

NOTE

Authority cited: Sections 736 and 740, Public Resources Code. Reference: Sections 742, 743 and 760.5, Public Resources Code.
HISTORY

1. Repealer filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
Subchapter 2. Board of Rulemaking Under Z'Berg-Nejedly Forest Practice Act
§1141. Consultation.
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 4553, Public Resources Code.
HISTORY

1. New Subchapter 2 (Sections 1141-1149, not consecutive) filed 2-21-79; effective thirtieth day thereafter (Register 79, No. 9).
2. Editorial correction of History Note 1 (Register 79, No. 14).
3. Repealer of former Section 1141, and renumbering and amendment of former Section 1144 to Section 1141 filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
4. Repealer filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§1142. Contents of Statement of Reasons.
Note     •     History

In addition to information required by Section 11346.7 of the Government Code, Statements of Reasons accompanying proposed Board rules and regulations shall contain the following material:
(a) A statement of possible significant adverse environmental effects, if any, which can reasonably be expected to occur directly or indirectly from implementing the proposal. If there are no significant adverse environmental effects, the report shall so state.
(b) A statement of mitigation measures available to minimize the significant adverse environmental impacts, and a discussion of why these measures, if any, have or have not been incorporated in the proposal.
(c) A statement and discussion of reasonable alternatives to the proposal, with a brief statement of the pros and cons of each alternative. This discussion may be limited to alternatives which would avoid the significant adverse environmental effects of the proposal.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4553 and 21080.5, Public Resources Code.
HISTORY

1. Amendment filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
§1143. Circulation of Notice and Statements of Reasons.
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 21080.6, Public Resources Code; and Section 11346 and 11347, Government Code.
HISTORY

1. Repealer of former Section 1143, and renumbering and amendment of former Section 1145 to Section 1143 filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
2. Repealer filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§1144. Evaluation and Adoption of Proposals.
Note     •     History

(a) The Board shall evaluate proposals by considering comments of the Department, District Technical Advisory Committees, other public agencies, and the public generally as the proposals relate to the factors listed in subsection (b).
(b) During the evaluation process, attention shall be directed to:
(1) How well the proposal would serve the policies of the Forest Practice Act in Public Resources Code Sections 4512 and 4513.
(2) How well the proposal would eliminate any avoidable environmental damage.
(3) How well the proposal would serve the production of high quality timber while maintaining the productivity of all affected forest resources.
(4) Whether and how the proposal could be modified to accomplish the purposes of the Forest Practice Act and environmental protection in a more effective manner.
(c) The Board shall prepare written responses to significant environmental points raised during the evaluation process and shall make the responses part of the rulemaking file.
(d) The Board shall not adopt a standard, rule or regulation as proposed, if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which implementation of the proposal may reasonably be expected to have on the environment unless specific economic, social or other conditions are found to make infeasible such project alternatives or such mitigation measures.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 21061.1 and 21080.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1144 to Section 1141, and renumbering and amendment of former Section 1146 to Section 1144 filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25).
§1145. Notice of Decision.
Note     •     History

After adopting a standard, rule, regulation or plan, the Board shall file a Notice of Decision with the Secretary for Resources. The notice shall be available for public inspection and shall remain posted for a period of 30 days.
NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Section 745, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1145 to Section 1143, and renumbering of former Section 1148 to Section 1145 filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
§1146. Evaluation of Proposal.
Note     •     History

NOTE

Authority cited: Section 4551, Public Resources Code. Reference: Sections 4512, 4513, 4553, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 1146 to Section 1144 filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
§1147. Board Action to Consider and Adopt Proposed Standard, Regulation or Rule.
Note     •     History

NOTE

Authority cited: Section 4551 of the Public Resources Code. Reference: Section 4553 of the Public Resources Code.
HISTORY

1. Repealer filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25).
§1148. Notice of Decision.
Note     •     History

NOTE

Authority cited: Section 4551 of the Public Resources Code. Reference: Section 745 of the Public Resources Code.
HISTORY

1. Renumbering of Section 1148 to Section 1145 filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
§1149. Public Reports and Emergency Standards, Rules or Regulations.
Note     •     History

NOTE

Authority cited: Section 4551 of the Public Resources Code. Reference: Sections 745, 4555 of the Public Resources Code.
HISTORY

1. Repealer filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
Subchapter 3. Board Actions Other Than Rule Making Under the Z'berg-Nejedly Forest Practice Act
§1150. Purpose.
Note     •     History

These regulations shall provide the Board of Forestry with procedures for the orderly evaluation of projects and the preparation of environmental documents pursuant to the California Environmental Quality Act of 1970 (PRC Sections 21000, et seq. hereinafter referred to as CEQA) and the State Guidelines for Implementation of CEQA (14 CAC 15000, et seq.). These regulations shall apply to those actions of the Board which have not been certified as exempt by the Resources Secretary pursuant to PRC 21080.5 and 14 CAC 15192.
NOTE

Authority cited: Sections 4551 and 21082, Public Resources Code. Reference: Sections 21000 and 21001, Public Resources Code.
HISTORY

1. New Subchapter 3 (Sections 1150-1154) filed 2-21-79; effective thirtieth day thereafter (Register 79, No. 9).
2. Editorial correction to add History Note 1 (Register 79, No. 14).
3. Amendment filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
§1151. Board Regulations for CEQA.
Note     •     History

The Board hereby incorporates by reference the State Guidelines for Implementation of CEQA (14 CAC 15000, et seq.). The term “public agency” shall refer to the Board of Forestry.
NOTE

Authority cited: Sections 4551 and 21082, Public Resources Code. Reference: Sections 21002.1, 21003 and 21083, Public Resources Code.
HISTORY

1. Amendment filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25).
§1152. Declaration of Ministerial Projects.
Note     •     History

The category of ministerial projects of the Board which do not require environmental documentation includes classification of State Responsibility Areas pursuant to PRC 4125 et seq.
NOTE

Authority cited: Sections 4551 and 21082, Public Resources Code. Reference: Section 21080, Public Resources Code; and Sections 1200-1225, 15032 and 15037(b)(3), Title 14 California Administrative Code.
HISTORY

1. Renumbering of former Section 1152 to Section 1151, and renumbering and amendment of former Section 1153 to Section 1152 filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25). 
§1153. Declaration of Categorical Exemptions.
Note     •     History

Activities of the Board which are categorically exempt and which do not require environmental documentation include:
(a) Class 6: Information Collection. Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource, including but not limited to forest surveys and soil erosion studies. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. Such actions include, but are not limited to, actions taken under PRC 742-745 and PRC 4800-4807.
(b) Class 7: Actions by Regulatory Agencies for Protection of Natural Resources. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment including but not limited to:
(1) Establishment, dissolution or modification of hazardous fire areas in accordance with PRC 4291 et seq.
(2) Establishment, modification, or dissolution of zones of insect, disease, or animal infestation or infection in accordance with PRC 4716 et seq.
(3) Approval of the State Fire Plan in accordance with PRC 4114.
(4) Adoption of rules for the fire protection system in accordance with PRC 4111.
NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Sections 21080 and 21083, Public Resources Code; and Sections 15106 and 15107, Title 14, California Administrative Code.
HISTORY

1. Renumbering and amendment of former Section 1153 to Section 1152, and renumbering of former Section 1154 to Section 1153 filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25).
§1154. Declaration of Categorical Exemptions.
Note     •     History

NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Sections 21080 and 21083, Public Resources Code; and Sections 15106 and 15107, Title 14, California Administrative Code.
HISTORY

1. Renumbering of Section 1154 to Section 1153 filed 6-16-83; effective thirtieth day thereafter (Register 83, No. 25).
Chapter 6. Hazardous Fire Areas and Conditions*

* Formerly subchapter 5 of Chapter 2, Division 2, Title 14, Cal. Adm. Code. 
Article 1. General Provisions
§1200. Petition Procedure for Establishing Hazardous Fire Areas by Board of Forestry.
Note     •     History

(a) Written petition shall be submitted in duplicate and shall contain a sufficient legal description. The petition shall contain the name, post-office address, and acreage owned within the area by each petitioner, and nature of his interest. A map of the proposed area shall be submitted with the petition in addition to the sufficient legal description.
(b) Petition shall be filed with the Executive Officer, State Board of Forestry, Resources Building, 1416 Ninth Street, Sacramento, California 95814.
(c) The period during which the regulations in this chapter creating hazardous fire areas shall be effective is from April 15 to December 1st in any calendar year, unless otherwise specified in the regulations, provided, however, that the Director may, by repeal filed herein, terminate a closure of a declared hazardous fire area
(d) Notices used for posting shall be of the type approved by the Director and shall contain a citation of the statutes authorizing closure.
NOTE

Authority cited: Sections 4252, 4253 and 4256, Public Resources Code. Reference: Sections 4251-4257, Public Resources Code.
HISTORY

1. Redesignation from Subchapter 5, Chapter 2 of Division 2 (Sections 1202-1205.5) to Chapter 4 of Division 1.5 (Sections 1202-1205.5) filed 4-1-77 as procedural and organizational; effective upon filing (Register 77, No. 14). For former history, see Registers 21, Nos. 5 and 7; 55, Nos. 6, 9 and 13; 56, Nos. 10 and 13; 58, Nos. 13 and 21; 61, No. 25; 62, Nos. 1, 24, 25 and 26; 63, No. 2; 67, No. 32; 75, No. 44 and 76, Nos. 23, 32 and 52.
2. Repealer of Chapter 4, Sections 1202-1205.5 and new Chapter 4, Articles 1-7, Sections 1200-1207, filed 6-3-77 as an emergency; effective upon filing. Certificate of Compliance included for Sections 1200-1205.6 (Register 77, No. 23).* For prior history, see Register 67, No. 32; Register 76, Nos. 23 and 52; and Register 77, No. 8.
3. Redesignation from Chapter 4 (Sections 1200-1207) to Chapter 6 (Sections 1200-1207) filed 5-19-78 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20).
4. Amendment of subsection (c) filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28). 

* Unless otherwise indicated, the issuing agency for Chapter 4 is the State Board of Forestry.
Article 2. North Coast Region
NOTE

Authority cited: Section 4253, Public Resources Code. Reference: Sections 4252-4257, Public Resources Code.
HISTORY

1. Repealer of Article 2 (Section 1202) filed 3-9-79; effective thirtieth day thereafter. Issuing agency: Board of Forestry (Register 79, No. 10). 
Article 3. Sierra Cascade Region
§1203. Diamond International Hazardous Fire Area No. 1.
Note     •     History

Diamond International Hazardous Fire Area No. 1 is composed of approximately 93,370 acres of forest land in Tehama and Shasta Counties. The exterior boundary of the area is described as follows:
Beginning at the point where USFS Road 31N16 crosses the N Sec line in the NW1/4 Sec. 3, T30N, R3E, MDB&M: thence W along the N Sec line of Secs 3, 4, 5, 6, 1, and 2 to the NW Corner Sec 2, T30N, R2E; thence S along the W Sec line of Secs 2, 11, 14, 23, and into the NW1/4 Sec. 26, T30N, R2E, to the point where that Sec line intersects the Forward Mill Road; thence SW along Forward Mill Road to the Jct of said road and Ponderosa Way near the N Center Sec 31, T30N, R2E; thence SE on Ponderosa Way to the point where it crosses Mill Creek in the NE1/4 Sec 23, T27N, R2E; thence NE along Mill Creek to the point where it crosses the E Sec line in the SE 1/4 Sec 35, T28N, R3E; thence N along E Sec line of Sec 35 and into 26 to the assumed E1/4 Corner Sec 26, T28N, R3E; thence NW to the Jct of Tamarack Road (aka Diamond Road 50R1) and Diamond R Line Road (aka USFS Road 28N08.2) in NE1/4 Sec. 26, T28N, R3E; thence NW along said Diamond R Line Road to the Jct of USFS Road 29N48 (aka The Turner Mountain Loop Road) in the NE1/4 Sec 26, T28N, R3E; thence NW along 29N48 to where it crosses the E Sec line in the NE1/4 Sec 34, T29N, R3E; thence N along E Sec line of Secs 34 and into 27 to the point where it crosses California State Highway 36 in the NE1/4 Sec 27, T29N, R3E; thence E along Highway 36 to the Jct of U.S.F.S. Forest Highway 17 (aka USFS Road 31N17.2) in the NW1/4 Sec 26, T29N, R3E; thence N along Forest Highway 17 to the Jct of USFS Road 30N74.2 in NE1/4 Sec 15, T30N, R3E; thence NW along USFS Road 30N74.2 to the Jct with USFS Road 31N16 in SE1/4 Sec 10, T30N, R3E; thence N along USFS Road 31N16 to the point of beginning on the N Sec Line of Sec 3, T30N, R3E.
NOTE

Authority cited: Section 4252, Public Resources Code. Reference: Sections 4251 and 4253, Public Resources Code.
HISTORY

1. Amendment filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28). 
§1203.1. Diamond International Hazardous Fire Area  No. 2.
Note     •     History

Diamond International Hazardous Fire Area No. 2 is composed of approximately 177,301 acres of forest land in Tehama and Butte Counties. The exterior boundary of the area is described as follows: Beginning at the point where California State Highway 32 crosses the North Fork of Calf Creek in SE1/4 Sec 30, T27N, R4E, MDB&M; thence NW along Calf Creek to its confluence with Deer Creek in NE1/4 Sec 30, T27N, R4E; thence SW along Deer Creek to the point where it meets Murphy Trail in NW1/4 Sec 20, T26N, R3E; thence SE along Murphy Trail to its intersection with Diamond H Line Road in SW1/4 Sec 21, T26N, R3E; thence SW along H Line past Campleville Lookout in NE1/4 Sec 14, T25N, R2E, continue S along H Line to its intersection with Musty Buck Road in SE1/4 Sec 36 T25N, R2E; thence S on Musty Buck Road to its intersection with Ponderosa Way in the NW1/4 Sec 25, T24N, R2E; thence SE along Ponderosa Way to its intersection with State Highway 32 in the NE1/4 Sec 32, T24N, R3E; thence N along Hwy 32 to the intersection with Garland Road (Diamond Road 180C1) in SW1/4 Sec 21, T24N, R3E; thence SE along Garland Road to its intersection with Doe Mill Road in the NE1/4 of Sec 33, T24N, R3E; thence NE on Doe Mill Road across Butte Creek; thence continuing SE on Doe Mill Road to where it intersects the skyway in NW1/4 Sec 2, T23N, R3E; thence NE on Skyway to Lovelock and intersection with Coutolenc Road (Diamond Road 70N) in SW1/4 Sec 31, T24N, R4E; thence S on Coutolenc Road to its intersection with Ponderosa Way in SE1/4 Sec 25, T23N, R3E; thence SE on Ponderosa Way to the intersection with Diamond V Line Road in SE1/4 Sec 29, T23N, R4E; thence S on V Line to intersection with Diamond Road 130V at Griffin Gulch Creek in SE1/4 Sec 5, T22N, R4E; thence SE along Diamond Road 130V to the intersection with Rag Dump/Concow Road (Diamond Road 40V) in SE 1/4 Sec 3, T22N, R4E; thence NE on Rag Dump/Concow Road to intersection with Rim Road (Diamond Road 40V1) in NW1/4 Sec 36, T23N, R4E; thence SE along Rim Road to its intersection with Pacific Gas and Electric Butt Valley--Table Mountain 230 KV Powerline in SE 1/4 Sec 36, T23N, R4E; thence NE along PG&E Powerline to where it crosses the E Sec Line of Sec 36, T24N, R5E; thence N along E Section line of Secs 36, 25, 24, and 13 to the point where Rock Creek crosses the E Sec Line of Sec 13, T24N, R5E; thence NW along Rock Creek to intersection with North Valley Trail in NW 1/4 Sec 34, T25N, R5E; thence W on North Valley Trail to intersection with Concow--Philbrook County Rd. at Jones Meadow in SE1/4 Sec 30, T25N, R5E; thence SW on Concow--Philbrook Road to intersection with Diamond Road 40T in SE1/4 Sec 30, T25N, R5E; thence NW on Diamond 40T Road to intersection with Diamond S Line Road in SW1/4 Sec 30, T25N, R5E; thence W on Diamond S Line to intersection with the West Branch of Feather River Bridge in NE1/4 Sec 28, T25N, R4E; thence N along West Branch to Hawkins Camp in Sec 15, T25N, R4E; thence N along Hawkins Camp Road to intersection with Humbug Summit Road in NE1/4 Sec 10, T25N, R4E; thence NE on Humbug Summit Road to where it crosses E Section Line of Sec 36, T26N, R4E; thence N along E Section Line of Secs 36, 25, and 24 to the NE Corner Sec 24, T26N, R4E; thence W along N Section Line of Sec 24 and 23 to Cherry Hill Bridge on Humboldt Road near NW corner Sec 23, T26N, R4E; thence NE along Humboldt Road to intersection with Colby Creek Road (Diamond Road 20E) in NE 1/4 Sec 14, T26N, R4E; thence NW along Colby Creek Road to intersection with North Fork of Calf Creek in NW 1/4 Sec 34, T27N, R4E; thence NW along North Fork of Calf Creek to point of beginning.
NOTE

Authority cited: Section 4252, Public Resources Code. Reference: Sections 4251 and 4253, Public Resources Code.
HISTORY

1. Amendment filed 7-7-82; effective thirtieth day thereafter (Register 82,No. 28).
§1203.2. Collins Almanor Forest--Diamond International Hazardous Fire Area.
Note     •     History

Collins Almanor Forest--Diamond International Hazardous Fire Area is composed of approximately 127,232 acres (515.1 km2) of forest land in Tehama and Plumas Counties. The exterior boundary of the area is described as follows: Beginning from the point of intersection of Hwys 36 & 89, approx. 3 mi. SW of Town of Chester, Plumas County; thence SE along Hwy. 89 to E line of Sec. 9, T27N, R7E, MDB&M; thence S along E line of Sec. 9 approx. 2 chains to intersection of E line and an old logging road; thence SE along said road through Secs. 10, 15 & 14 to Butt Lake Rd.; thence SW along Butt Lake Rd. to S line of Sec. 22; thence W along S line of Sec. 22 to Butt Creek; thence S downstream to Butt Lake; thence S along W shore of lake to S line of Sec. 3, T26N, R7E; thence W along S lines of Secs. 3, 4 & 5 to S 1/4 cnr. of Sec. 5; thence S along E bdry. of NW 1/4 of Sec. 8, to interior 1/4 cnr. of Sec. 8; thence W along S bdry. of NW 1/4 Sec. 8 and along the S bdry. of NE 1/4 of Sec. 7 to interior 1/4 cnr. of Sec. 7; thence N along W bdry. of NW 1/4 of Sec. 7 to N 1/4 cnr. of Sec. 7; thence W along N line of Sec. 7 to Longville-Belden Rd.; thence NE along said road to Humbug Rd. at old settlement of Longville; thence NW along the road which commences from Humbug Rd. at old settlement of Longville and traverses N edge of Humbug Valley, connecting with Humboldt Rd. in Sec. 15T27N, R6E; thence SW along Humboldt Rd. to W line of Sec. 15; thence N along W line of Sec. 15 to SE cnr. of Sec. 9; thence S along E line of Sec. 17 to N1/4 cnr. of Sec. 17; thence W along bdry. that is the S bdry. of the N1/2, N1/2 of Sec. 17 to the N 1/16 cnr. on the W line of Sec. 17; thence N along the W lines of Secs. 17, 8 & 5, T27N, R6E, and the W line of Sec. 32, T28N, R6E, to the W 1/4 cnr. of Sec. 32; thence W along S bdry. of N 1/2 of Sec. 32 along S bdry. of the NE 1/4 of Sec. 36, T28N, R5E, to the interior 1/4 cnr. of Sec. 36; thence N along W bdry. of NE 1/4 of Sec. 36 to N 1/4 cnr. of Sec. 36; thence W along N line of Secs. 36, 35, 34 & 33, to W 1/16 cnr. on N line of Sec. 33; thence W along S township line of T28N, R5E, to Hwy. 32; thence SW along Hwy. 32 to bridge across Deer Creek in Sec. 20, T27N, R4E; thence SW downstream along Deer Creek to the N township line of T26N, R3E; thence W along N township line of T26N, R3E, to the NE cnr. of Sec. 1, T26N, R2E; thence S along E line of Sec. 1 to SE cnr.; thence W on S line of Sec. 1 to SW cnr.; thence N along W line of Sec. 1 to NW cnr.; thence E on the N line of Sec. 1 to SW cnr. of Sec. 36, T27N, R2E; thence N along W line of Sec. 36 to NW cnr.; thence E on N line of Sec. 36 to S 1/4 cnr. of Sec. 25; thence N along W bdry. of SE 1/4 of Sec. 25 to interior 1/4 cnr. of Sec. 25; thence E along N bdry. of SW 1/4 of Sec. 25 to E 1/4 cnr. of Sec. 25; thence N along W township line of T27N, R3E, to Mill Creek; thence NE upstream along Mill Creek to a point approx. .25 mi. W of W 1/4 cnr. of Sec. 26, T29N, R4E; thence E to W 1/4 cnr. of Sec. 26; thence E along N bdry. of S 1/2 of Sec. 26 to E 1/4 cnr. of Sec. 26; thence E approx. .5 mi. to Gurnsey Creek, Sec. 25, T29N, R4E; thence SE downstream along Gurnsey Creek to S line of Sec. 4, T28N, R5E; thence E along S line of Sec. 4 to SE cnr.; thence N along E line of Sec. 4 to E 1/4 cnr.; thence W along S bdry. of SE 1/4, NE 1/4 of Sec. 4; thence N along W bdry. of SE 1/4 NE 1/4 of Sec. 4; thence N along W bdry. of NW 1/4, NE 1/4 of Sec. 4 to N 1/4 cnr. of Sec. 4; thence W along S township line of T29N, R5E to E 1/16 cnr. of S line of Sec. 32; thence N along W bdry. of SE 1/4, SE 1/4 of Sec. 32; thence W along S bdry. of NW 1/4, SE 1/4 and N 1/2, SW 1/4 of Sec. 32 to S 1/16 cr. on W line of Sec. 32; thence N along W line of Sec. 32 to W 1/4 cnr. of Sec. 32; thence W along S bdry. of NE 1/4 of Sec. 31, T29N, R5E, to interior 1/4 cnr. of Sec. 31; thence N along W bdry. of NE 1/4 of Sec. 31 to N 1/4 cnr. of Sec. 31; thence N to old Red Bluff Rd. in Sec. 30; thence W along old Red Bluff Rd. to W bdry. of SE 1/4, SW 1/4 of Sec. 30; thence N along W bdry. of SE 1/4 and NE 1/4 of SW 1/4, SE 1/4, NW 1/4 of Sec. 30; thence E along N boundaries of SE 1/4, NW 1/4 and S 1/2 of NE 1/4, Sec. 30, to N 1/16 cnr. on E line of Sec. 30; thence E along N bdry. of S 1/2 of NW 1/4 and SW 1/4 of NE 1/4, Sec. 29, T29N, R5E; thence S to old Red Bluff Rd., Sec. 29; thence NE along road to bridge across the North Fork of the Feather River (sometimes referred to as Rice Creek) in Sec. 22; thence SE downstream along North Fork of the Feather River to E township line of T28N, R6E; thence S along E township line of T28N, R6E, to Hwy. 36 Secs. (actually on line between) 13 & 18, T28N, R6E, and T28N, R7E; thence SW along Hwy. 36 to the point of beginning.
NOTE

Authority cited: Section 4252, Public Resources Code. Reference: Sections 4251 and 4253, Public Resources Code.
HISTORY

1. Amendment filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
§1203.3. Anderson Woodlands Hazardous Fire Area.
Note     •     History

Anderson Woodlands Hazardous Fire Area is composed of 82,441 acres of forest lands owned by the Roseburg Resources Co. and NOCA Timber Co. in Shasta County, described in documents identified as:
Property Ownership Records, Roseburg Resources Co. and NOCA Timber Co, for Anderson Woodland Hazardous Fire Area, pages 1-23, inclusive, delineated fully on a planimetric map identified as Anderson Woodlands, H.F.A. Map No.2106-A, on file in the office of the Director, 1416 Ninth Street, Room 1505, Sacramento, CA. 95814.
This area is established in response to a request by Roseburg Resources Co and NOCA Timber Co. No privately-owned campgrounds established and maintained for public use have been identified and exempted from use restrictions set forth in Section 4255, Public Resources Code. Consent has been filed with the Board for the Director to close these lands to entry pursuant to provisions of Section 4256, Public Resources Code.
NOTE

Authority cited Sections 4252 and 4256, Public Resources Code. Reference: Sections4251, 4252, 4255 and 4257, Public Resources Code.
HISTORY

1. Amendment filed 4-14-88; operative 5-14-88 (Register 88, No.17).
§1203.4. Pondosa Hazardous Fire Area.
Note     •     History

Pondosa Hazardous Fire Area is composed of approximately 43,811 acres of forest lands owned by Roseburg Resources Co. and NOCA Timber Co. in Siskiyou County, described in documents identified as: Property Ownership records for Pondosa Hazardous Fire Area, pages 1-31, inclusive, delineated fully on a plaimetric map identified as Pondosa-Big Valley H.F.A., Map No. 2106-B, on file in the office of the Director, 1416 Ninth Street, Room 1505, Sacramento, CA. 95814.
This area is established in response to a request by Roseburg Resources Co and NOCA Timber Co. No privately-owned campgrounds established and maintained for public use have been identified and exempted from use restrictions set forth in Section 4255, Public Resources Code. Property owner's consent has been filed with the Board for the Director to close these lands to entry pursuant to provisions of Section 4256, Public Resources Code.
NOTE

Authority cited: Sections 4252 and 4256, Public Resources Code. Reference: Sections 4251, 4252, 4255 and 4257, Public Resources Code.
HISTORY

1. Amendment filed 4-14-88; operative 5-14-88 (Register 88, No. 17).
§1203.5. Big Valley Hazardous Fire Area.
Note     •     History

Big Valley Hazardous Fire Area is composed of approximately 12,955 acres of forest lands owned by Roseburg Resources Co. and NOCA Timber Co: Approximately 564 acres (2.4 km2) in Shasta County, 2,031 acres in Modoc County, and 10,360 acres in Lassen County, described in the documents identified as:
Property Ownership Records for Big Valley Hazardous Fire Area, pages 1-31, inclusive, delineated fully on a planimetric map identified as Pondosa Big Valley H.F.A, Map No. 2106-B, on file in the office of the Director, 1416 Ninth Street, Room 1505, Sacramento CA. 95814.
This area is established in response to a request by Roseburg Resources Co and NOCA Timber Co. No privately-owned campgrounds established and maintained for public use have been identified and exempted from use restrictions set forth in Section 4255, Public Resources Code. Property owner's consent has been filed with the Board for the Director to close lands to entry pursuant to provisions of Section 4256, Public Resources Code.
NOTE

Authority cited: Sections 4252 and 4256, Public Resources Code. Reference: Sections 4251, 4252, 4255 and 4257, Public Resources Code.
HISTORY

1. Amendment filed 4-14-88; operative 5-14-88 (Register 88, No.17).
§1203.6. Lake Almanor Hazardous Fire Area.
Note     •     History

Lake Almanor Hazardous Fire Area is composed of approximately 44,799 acres of forest lands owned by Roseburg Resources Co. and NOCA Timber Co. in Plumas County, described in documents identified as:
Property Ownership Records for Lake Almanor Hazardous Fire Area, pages 1-24, inclusive, delineated fully on a planimetric map identified as Lake Almanor, Map No. 2106-D, on file in the office of the Director, 1416 Ninth Street, Room 1505, Sacramento, CA. 95814.
This area is established in response to a request by Roseburg Resources Co. and NOCA Timber Co. No privately-owned campgrounds established and maintained for public use have been identified and exempted from use restrictions set forth in Section 4255, Public Resources Code. Property owner's consent has been filed with the Board for the Director to close these lands to entry pursuant to provisions of Section 4256, Public Resources Code.
NOTE

Authority cited: Sections 4252 and 4256, Public Resources Code. Reference: Sections 4251, 4252, 4255 and 4257, Public Resources Code.
HISTORY

1. Amendment filed 4-14-88; operative 5-14-88 (Register 88, No. 17).
§1203.7. Harvey Hazardous Fire Area.
Note     •     History

Harvey Hazardous Fire Area is composed of approximately 24,960 acres of forest lands owned by Roseburg Resources Co. and NOCA Timber Co. in Lassen County, described in documents identified as:
Property Ownership Records for Harvey Hazardous Fire Area, pages 1-6, inclusive, delineated fully on a planimetric map identified as Harvey Tract, Map No. 2106-E, on file in the office of the Director, Room 1505, 1416 Ninth Street, Sacramento, CA. 95814.
This area is established in response to a request by Roseburg Resources Co. and NOCA Timber Co. No privately-owned campgrounds established and maintained for public use have been identified and exempted from the use restrictions set forth in Section 4255, Public Resources Code. Property owner's consent has been filed with the Board for the Director to close these lands to entry pursuant to provisions of Section 4256, Public Resources Code.
NOTE

Authority cited: Sections 4252 and 4256, Public Resources Code. Reference: Sections 4251, 4252, 4255, and 4257, Public Resources Code.
HISTORY

1. Amendment filed 4-14-88; operative 5-14-88 (Register 88, No. 17).
§1203.8. Quincy Watershed Hazardous Fire Area.
Note

Quincy Watershed Hazardous Fire Area is composed of approximately 10,153 acres (41.1 km2)of forest land in Plumas County. The exterior boundaries of the area are described as follows:
Beginning at the SE cnr. of Sec. 31, T24N, R10E, MDB&M; thence N along section line to NE cnr. of S 1/2, SE 1/4 of Sec. 19; thence W to NW cnr. S 1/2, SE 1/4, Sec. 19; thence N to interior 1/4 cnr. of Sec. 19; thence W to SE cnr. SW 1/4, NW 1/4, Sec. 19; thence N to NE cnr. of SW 1/4, NW 1/4, Sec. 19, T24N, R10E; thence W to NW cnr. of SE 1/4, NE 1/4, Sec. 23, T24N, R9E; thence S to SW cnr. of SE 1/4, NE 1/4, Sec. 23; thence W to SE cnr. of SW 1/4, NW 1/4, Sec. 23; thence N to NE cnr. SW 1/4, NW 1/4, Sec. 23; thence W to NW cnr. SW 1/4, NW 1/4, Sec. 23; thence N to NE cnr., Sec. 22; thence W to NW cnr. NE 1/4, NW 1/4, Sec. 22; thence N to NE cnr. of SW 1/4, SW 1/4, Sec. 15; thence W to NW cnr. of S 1/4, Sec. 16; thence S to SW cnr. of Sec. 33; thence E to SE cnr. of Sec. 33; thence S to SW cnr. of N 1/2, Sec. 3, T23N, R9E; thence E to interior 1/4 cnr. of Sec. 6, T23N, R10E; thence N to NE cnr. of NW 1/4, Sec. 6; thence E approx. .5 mi. to point of beginning.
The hazardous fire area designation is effective from May 20 to December 1, 1977 and from June 1 to December 1 of each year thereafter.
NOTE

Authority cited: Section 4252, Public Resources Code. Reference: Sections 4251 and 4252, Public Resources Code.
§1203.9. Viola Hazardous Fire Area.
Note     •     History

Viola Hazardous Fire Area is composed of 38,265 acres of forest lands owned by the NOCA Timber Co. Approximately 34,173 acres in Shasta County, 4,092 acres in Tehama County described in the documents identified as: Property Ownership Records, for Viola Hazardous Fire Area, pages 1-12, inclusive, delineated fully on a planimetric map identified as Viola Hazardous Fire Ares, Map No. 2106-F, on file in the office of the Director, 1416 Ninth Street, Room 1505, Sacramento, Ca. 95814.
This area is established in response to a request by NOCA Timber Co.. No privately-owned campgrounds established and maintained for public use have been identified and exempted from the use restrictions set forth in 4255, Public Resources Code. Property owner's consent has been filed with the Board for the Director to close these lands to entry pursuant to provisions of Sections 4256, Public Resources Code.
NOTE

Authority cited: Sections 4252 and 4256 Public Resources Code. Reference: Sections 4251, 4252 and 4257, Public Resources Code.
HISTORY

1. New section filed 4-14-88; operative 5-14-88 (Register 88, No. 17).
Article 4. South Sierra Region
§1204. Bear Mountain Hazardous Fire Area.
Note

Bear Mountain Hazardous Fire Area is composed of approximately 146,640 acres (593.7 km2)of watershed land in Fresno County. The exterior boundary of the area is described as follows:
Beginning at a point in the E 1/2 of Sec. 35, T13S, R23E, MDB&M, at intersection of Tivy Valley County Rd. and Friant-Kern Canal; thence SE along canal to intersection of Hwy. 180 in N 1/2 of Sec. 13, T14S, R23E; thence W along Hwy. 180 to intersection of Frankwood Ave. in NW cnr. of Sec. 14; thence S along Frankwood Ave. to intersection of Central Ave. in SE cnr. of Sec. 27; thence E along Central Ave. to intersection of Friant-Kern Canal to NE cnr. of Sec. 33, T14S, R24E; thence S SE along canal to common bdry. betw. Fresno & Tulare Counties and intersecting Adams Ave. in SE cnr. of Sec. 12, T15S, R24E; thence N along line which is the common bdry. betw. Fresno & Tulare Counties to SE cnr. of Sec. 36, T14S, R24E; thence E along common bdry. betw. Fresno & Tulare Counties to SE cnr. of Sec. 36, T14S, R27E; thence N along this bdry. which is also the USFS bdry. line to the NE cnr. of SE 1/4 of Sec. 25, T14S, R27E; thence W along USFS bdry. line to SW cnr. of NE 1/4 of Sec. 26; thence N along USFS bdry. line to NE cnr. of NW 1/4, Sec. 26; thence W along USFS bdry. to SW cnr. of Sec. 23; thence N along this bdry. to NE cnr. SE 1/4 of Sec. 10, T14S, R27E; thence N along USFS bdry. line to NE cnr. to SE 1/4 Sec. 4; thence W along USFS bdry. line to NW cnr. of Sec. 10; thence N along USFS bdry. line to NE cnr. of SE 1/4, Sec. 4; thence W along USFS bdry. line to NW cnr. of SW 1/4, Sec. 4; thence N along USFS bdry. line to NE cnr. of Sec. 5; thence W along this line to NW cnr.Sec. 6; thence N along bdry. line to NE cnr., Sec. 36, T13S, R26E; thence W along USFS bdry. line to NW cnr. of Sec. 35; thence N along USFS bdry. line to NE cnr., Sec. 27; thence W along USFS bdry. line to NW cnr., Sec. 27; thence N along USFS bdry. line to NE cnr. of SW 1/4, Sec. 33, T12S, R26E; thence W along USFS bdry. line to NW cnr. of SW 1/4, Sec. 31; thence S along USFS bdry. line to SW cnr., Sec. 31; thence W along USFS bdry. line to Sec. 36, T12S, R24E, where the high water line of Pine Flat Reservoir intersects the USFS bdry. line; thence SW along the high water line to Pine Flat Dam in NE 1/4 of Sec. 2, T13S, R24E; thence downstream along natural water course of Kings River to intersection of Tivy Valley County Rd. in N 1/2, Sec. 2; thence SW along Tivy Valley County Rd. in Sec. 35, T13S, R23E, to the point of beginning.
NOTE

Authority cited for Sections 1204-1204.1: Section 4252, Public Resources Code. Reference: Sections 4251 and 4252, Public Resources Code.
§1204.1. Copper Peak Hazardous Fire Area.

Copper Peak Hazardous Fire Area is composed of approximately 216,480 acres (876.4 km2)of watershed land in Fresno County. The exterior boundary of the area is described as follows:
Beginning at the Pine Flat Dam in Sec. 2, T13S, R24E, MDB&M, at a point where the dam intersects the natural water course of the Kings River; thence along water course in a NE direction to a point in Sec. 35, T12S, R24E, where water course intersects USFS bdry., excluding such regularly authorized camping areas immediately adjacent to Pine Flat Reservoir on lands under control of the U.S. Corps of Engineers; thence N and NW along USFS bdry. line to a point in Sec. 24, T9S, R22E, where bdry. line intersects natural water course of San Joaquin River and/or to a point on the Madera and Fresno County line; thence in a SW direction along the natural water course of river and/or county line to a point in Sec. 35, T11S, R20E, where river course and county line intersects a line that is common to T11S and T12S, excluding those regularly designated camping areas within the Millerton Lake State Park area lying along the SE shores of Millerton Lake and E of Friant Dam; thence E along this line to a point in Sec. 36, T11S, R20E, where said line intersects Friant-Clovis County Rd.; thence S along this road to a point in Sec. 7, T12S, R21E, where the road intersects Copper Ave.; thence E to a point in Sec. 15 where Copper Ave. intersects Dry Creek Levee; thence SE along levee to a point in Sec. 23 where levee intersects Shepherd Ave.; thence E along Shepherd Ave. to SE cnr. of Sec. 24 where Shepherd Ave. intersects Thompson Ave.; thence S along Thompson Ave. to the SE cnr. of Sec. 36 where Thompson Ave. intersects Herndon Ave.; thence E along Herndon Ave. to a point in Sec. 35, T12S, R22E where Herndon Ave. intersects Friant-Kern Canal; thence SE along canal to a point in the E 1/2 of Sec. 35, T13S, R23E where canal intersects Tivy Valley County Rd.; thence NE along county road (in Sec. 25, T13S, R23E, where the bdry. will be the western sec. of county rd.; in Sec. 8, the east fork of the county rd. will be the bdry.) to a point in the N 1/2 of Sec. 2, T12S, R24E, where said county rd. intersects the natural water course of Kings River; thence E along river water course where natural water course intersects Pine Flat Dam at the point of beginning.
§1204.2. Madera-Millerton Hazardous Fire Area.
Note     •     History

NOTE

Authority cited: Section 4252, Public Resources Code. Reference: Sections 4251, 4252 and 4255, Public Resources Code.
HISTORY

1. Repealer filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
§1204.3. Western Fresno and Kings Hazardous Fire Area.
Note

Western Fresno and Kings Hazardous Fire Area is composed of approximately 632,920 acres (2562.4 km2)of watershed land in Fresno, Kings and Kern Counties. The exterior boundary of the area is described as follows:
Beginning at the county line intersection of Fresno, Merced, and San Benito Counties in Sec. 6, T14S, R10E, MDB&M; thence NE along Fresno-Merced County line to jct. with center line of the Pipe Line Rd. in Sec. 28, T12S, R11E; thence SE along road center line to jct. with center line of Hwy. 33 nr. E 1/4 cn. of Sec. 13, T17S, R14E; thence along center line of Hwy. 33, S to center line of Gale Ave. at SE cnr. of Sec. 17, T20S, R15E; thence W 2 mi. along center line of Gale Ave. to intersection with center line of Derrick Ave. at SW cnr. of Sec. 18, T20S, R15E; thence S 3 mi. along center line of Derrick Ave. to intersection with center line of Polk St. at SW cnr. of Sec. 31; thence S .5 mi. along prolongation of center line of Derrick Ave. to point on S line of N 1/2 of Sec. 6, T21S, R15E; thence E through centers of Secs. 6, 5 & 4 to intersection with center line of Hwy. 33 at E 1/4cnr. of Sec. 4; thence along center line of Hwy. 33 SE to intersection with center line of Hwy. 41 in Sec. 32, T23S, R18E; thence along center line of Hwy. 41 SW to intersection with Kern-San Luis Obispo County line on E line of Sec. 1, T25S, R16E; thence N along county line to intersection with Kings County line at NE cnr. of Sec. 1; thence W along Kings-San Luis Obispo County line to county line intersection of Kings-San Luis Obispo-Monterey Counties on the S line of Sec. 25, T24S, R16E; thence NW along Kings-Monterey County line to intersection of Kings-Monterey-Fresno Counties nr. SW cnr. of Sec. 24, T23S, R15E; thence NW along Fresno-Monterey County line to intersection of Fresno-Monterey-San Benito Counties, Sec. 21, T19S, R12E; thence along this line N & NW to the point of beginning, excluding therefrom the whole of the SE 1/4 of Sec. 29, T18S, R13E (Spanish Lake area located in Fresno Co.).
NOTE

Authority cited for Sections 1204.3-1204.4: Section 4252, Public Resources Code. Reference: Sections 4251 and 4252, Public Resources Code.
§1204.4. Eastern Tulare Hazardous Fire Area.

Eastern Tulare Hazardous Fire Area is composed of approximately 622,240 acres (2519.2 km2) of watershed land in Tulare County. The exterior boundary of this area is described as follows:
Beginning at the NW cnr. of T15S, R25E, MDB&M, said cnr. being on boundary line betw. Tulare and Fresno Counties; thence S along W line of said township and county line 2 mi. to SW cnr. of Sec. 7; thence E 1.5 mi. to N 1/4 cnr. of Sec. 17; thence S .5 mi. to center of Sec. 17; thence E 1.5 mi. to E 1/4 cnr. of Sec. 16; thence S 3.5 mi. to SW cnr. of Sec. 34; thence E 1 mi. to SE cnr. of Sec. 34; thence S along W line of Secs. 2 & 11, T16S, R25E, to NE bank of Friant-Kern Canal; thence meandering along canal to Dodge Ave. on N line of Sec. 4, T17S, R26E; thence along Dodge Ave. SE to SE cnr. of Sec. 4; thence E 3 mi. to SW cnr. of Sec. 6, T17S, R27E; thence S along W line of township 3 mi. to SW cnr. of Sec. 19; thence E 1 mi. to SE cnr. of Sec. 19; thence S 1 mi. to Lomitas Dr. nr. SW cnr. of Sec. 29; thence SE along said road to Hwy. 198 in NW 1/4 of Sec. 2, T18S, R27E; thence SW along highway to W line of T18S, R27E, nr. NW cnr. of Sec. 31; thence S 2 mi. to NE cnr. of Sec. 12, T19S, R26E; thence W along N line of Sec. 12 to E bank of Friant-Kern Canal; thence SE along canal bank to Round Valley Rd. nr. center of Sec. 9, T20S, R27E; thence SE along Round Valley Rd. to Peach St. in SE 1/4 of Sec. 10; thence S along Peach St. .25 mi. to First Ave. .25 mi. to D Ave. at NW cnr. of Sec. 14; thence S along D Ave. .5 mi. to Second Ave.; thence E along Second Ave. 1.5 mi. to A Ave. nr. center of Sec. 13; thence S along A Ave. 7.5 mi. to Henderson Rd. at SW cnr. of Sec. 19, T21S, R28E; thence E along Henderson Rd. .5 mi. to S 1/4 cnr. of Sec. 19; thence S 1 mi. to S 1/4 cnr. of Sec. 30 on old Springville Rd.; thence E along said road 1.5 mi. to SE cnr. of Sec. 29; thence S 4 mi. to SE cnr. of Sec. 17, T22S, R28E; thence W 1 mi. to SW cnr. of Sec. 17; thence S 9 mi., more or less, to NW cnr. of Sec. 5, T24S, R28E; thence W 3.75 mi., more or less, to Ducor-Bakersfield Rd. on N line of Sec. 3, T24S, R27E; thence Salong said road to Tulare-Kern County line at SW cnr. of Sec. 34; thence E along county line 23 mi., more or less, to W bdry. line of Sequoia National Forest; thence N along bdry. line to S bdry. of Tule River Indian Reservation; thence along S & W bdry. lines of the reservation to W bdry. line of Sequoia National Forest; thence N along bdry. line to W bdry. line of the Sequoia National Park; thence N along said bdry. line to the W bdry. line of Kings Canyon National Park; thence NW along bdry. line to Fresno-Tulare County line at NE cnr. of T15S, R27E; thence W along county line 18 mi., more or less, to the point of beginning.
§1204.5. Whitmore-Panther Creek Hazardous Fire Area.
Note

Whitmore-Panther Creek Hazardous Fire Area is composed of approximately 22,440 acres (90.9 km2) of forested land in El Dorado and Amador Counties. The exterior boundary of the area is described as follows:
Beginning at the section corner to Secs. 10, 11, 14 & 15, T7N, R13E, MDB&M; thence N .25 mi.; thence E to Antelope Creek; thence NE along creek to 1/4 cnr. between Secs. 2 & 11, T7N, R13E; thence N to Whitmore Rd.; thence NE along the road approx. .5 mi. to point where fence line takes off up the hill NW from Whitmore Rd., said fence line being property line betw. American Forest Products Corporation and Amador Pines subdivision; thence NW along fence line approx. 25 mi. to a point where fence line turns NE; thence NE approx. 2.5 mi. along fence line to SW cnr. Sec. 30, T8N, R14E; thence N 1 mi. and E 1 mi. to SW cnr. of Sec. 20; thence N .5 mi. & E 2 mi. to 1/4 cnr. betw. Secs. 21 & 22; thence N .5 mi. and E 2.25 mi. to Hwy. 88 nr. SW cnr. of SE 1/4 SW 1/4 of Sec. 13; thence along Hwy. 88 E to intersection of E line of NW 1/4, SE 1/4 of Sec. 13 nr. Ham Station; thence S to SE cnr. of SW 1/4, SE 1/4 of Sec. 13; thence W .25 mi. and S 1 mi. to 1/4 cnr. betw. Secs. 24 & 25; thence E .5 mi., S .5 mi., E .5 mi. to center of Sec. 20, T8N, R15E; thence S .5 mi., W .5 mi., S 1 mi. to SE cnr. Sec. 36, T8N, R14E; thence E .25 mi., S .25 mi., W .25 mi. and S 2 mi. to the Mokelumne River nr. Bruces Crossing on E sec. line of Sec. 13, T7N, R14E; thence following Mokelumne River W to intersection with S sec. line of Sec. 17, T7N, R14E; thence W approx. 3 mi. along S sec. lines of Secs. 17 & 18, T7N, R14E & Sec. 13, T7N, R13E to SE sec. cnr. of Sec. 14, T7N, R13E; thence S .5 mi., W .25 mi., N .5 mi. and W .25 mi. to 1/4 cnr. betw. Secs. 14 & 23, T7N, R13E; thence N 1 mi. and W .5 mi. to SW cnr. Sec. 11, T7N, R13E, the point of beginning.
AFPC--17,302 acres (70.0 km2)
Other private--2,782 (11.3 km2)
USFS--2,356 acres (9.6 km2)
This area is established in response to a letter of petition from the American Forest Products Corporation dated October 25, 1976, as the property owner of 17,302 acres (70.0 km2) or 77% of the area with the above described boundaries. No privately-owned campgrounds established and maintained for public use have been identified and exempted from use restrictions set forth in Section 4255, Public Resources Code. Smoking and use of campfires shall be allowed within public campgrounds established and maintained by the U.S. Forest Service for public use unless restrictions on such uses are specifically posted within each campground by the U.S. Forest Service. American Forest Products Corporation has filed with the Board consent for the Director to close the lands within the hazardous fire area to entry pursuant to the provisions of Section 4256, Public Resources Code.
NOTE

Authority cited for Sections 1204.5-1204.10: Sections 4252 and 4256, Public Resources Code. Reference: Sections 4251, 4252, 4255 and 4257, Public Resources Code.
§1204.6. Beaver Ridge-Bear River Hazardous Fire Area.

Beaver Ridge-Bear River Hazardous Fire Area is composed of approximately 13,440 acres (54.4 km2) of forested land in Amador and El Dorado Counties. The exterior boundary of the area is described as follows:
Beginning at the section corner common to Secs. 7, 8, 17 & 18, T8N, R15E, MDB&M; thence W 1 mi.; N. 1 mi. and E 1 mi. to NE cnr. of Sec. 7; thence N .25 mi., E .5 mi., S .25 mi., E 1 mi. to 1/4 cnr. betw. Secs. 4 & 9; thence S 1.5 mi. & E .5 mi. to 1/4 cnr. betw. Secs. 15 & 16; thence S 1.5 mi., E 1 mi. & N 2 mi. to NW cnr., Sec. 14; thence E 1.5 mi., N 2 mi. & W .5 mi. to SW cnr., Sec. 36, T9N, R15E; thence N 1 mi., E 1 mi. & S 5 mi. along E sec. lines of Secs. 1, 12, 13, 24 & 36 to SE cnr., Sec. 24, T8N, R15E; thence E 1 mi., S .5 mi., E .5 mi. to center of Sec. 29, T8N, R16E; thence S .5 mi., W .5 mi. & N .5 mi. to 1/4 cnr. betw. Secs. 31 & 32, T8N, R16E; thence W through Secs. 31 & 36 into Sec. 35 to Bear River; thence SW along Bear River approx. .75 mi. to intersection with S sec. line of Sec. 35, T8N, R15E; thence W .5 mi. & S .5 mi. to 1/4 cnr. betw. Secs. 2 & 3, T7N, R15E; thence E 3 mi. through center of Secs. 3, 4 & 5 to 1/4 cnr. betw. Secs. 5 & 6, T7N, R15E; thence N .5 mi., E .25 mi., N .25 mi., E .5 mi., N .75 mi. & E .25 mi. to SW sec. cnr., Sec. 28, T8N, R15E; thence N .5 mi., E .5 mi., N .25 mi., E .25 mi. & N 1.25 mi. to SE cnr. to SW 1/4 SE 1/4 of Sec. 16; thence W .75 mi. & N across Hwy. 88, .5 mi. to 1/4 cnr. betw. Secs. 16 & 17; thence W 1 mi. & N .5 mi. to NW cnr. Sec. 17, T8N, R15E, the point of beginning.
AFPC--7,543 acres (30.6 km2)
Other private--70 acres (28.3 km2)
USFS --5,727 acres (23.2 km2)
This area is established in response to a letter of petition from the American Forest Products Corporation dated October 25, 1976, as the property owner of 7,543 acres (30.5 km2) of 57% of the area with the above described boundaries. No privately-owned campgrounds established and maintained for public use have been identified and exempted from use restrictions set forth in Section 4255, Public Resources Code. Smoking and use of campfires shall be allowed within public campgrounds established and maintained by the U.S. Forest Service for public use unless restrictions on such uses are specifically posted within each campground by the U.S. Forest Service. American Forest Products Corporation has filed with the Board consent for the Director to close the land within the hazardous fire area to entry pursuant to provisions of Section 4256, Public Resources Code.
§1204.7. Lily Gap-White Pines Hazardous Fire Area.

Lily Gap-White Pines Hazardous Fire Area is composed of approximately 63,488 acres (257.0 km2)of forested land in Calaveras and Tuolumne Counties. The exterior boundary of the area is described as follows: Beginning at the 1/4 corner common to Secs. 28 & 29, T7N, R15E, MDB&M, being the NW cnr. of the Guilliani parcel; thence S to Forest Creek; thence along creek to road crossing at point known as Folsom Campground; thence SE on Bailey Ridge Fire Station Rd. from creek crossing through Secs. 33 & 34, T7N, R15E, & Secs. 3 & 10, T6N, R15E, to crossing of Middle Fork of Mokelumne River known as Solinsky Crossing; thence S & W through Secs. 10, 9 & 16, T6N, R15E, to road jct. with Buck Ranch Motor Way in SE 1/4, NW 1/4 of Sec. 16; thence E along Buck Ranch Motor Way through Secs. 16, 15, 14, 23, 24 & 13, T6N, R15E, and through Secs. 18, 7, 8, 9 & 10, T6N, R16E, to jct. with Black Springs Road; thence NE on Black Spring Rd. to jct. with E line of NW 1/4 of Sec. 10, T6N, R16E; thence N to 1/4 cnr. betw. Secs. 3 & 10; thence E 1.5 mi., S 1 mi. & W 1 mi. to Hwy. 4; thence S along highway to intersection with line running NS through Sec. 15, T6N, R16E; thence S along said line to 1/4 cnr. betw. Scs. 15 & 22; thence S 1.5 mi., W .5 mi., S 1 mi. & W 1 mi. to 1/4 cnr. betw. Secs. 32 & 33; thence S .5 mi. to SE cnr. Sec. 32; thence W to NE cnr. of NW 1/4, NE 1/4 of Sec. 5, T5N, R16E; thence S 1 mi., E .25 mi., S .5 mile, W .5 mi. to Boards Crossing Rd.; thence N along the road across bridge to intersection with S line of NE 1/4, NW 1/4 of Sec. 8; thence W on said line to SW cnr. of NW 1/4, NW 1/4 of Sec. 8; thence S .75 mi., W 1 mi., S 1 mi., W .5 mi., S .5 mi. & W approx. .75 mi. to Calaveras Big Trees State Park bdry.; thence N along park bdry. approx. .5 mi. to intersection with N sec. line of Sec. 23; thence E approx. .5 mi. to SW cnr. of SE 1/4, SW 1/4 of Sec. 13; thence N along E bdry. of Big Trees Village subdivision units 2 & 3; thence E & NE along bdry. of Snow Shoe Springs and Big Trees Village subdivision units 9, 4, 6, 7 & 8 to intersection with N sec. line of Sec. 6; thence W on sec. line to NW cnr., Sec. 6; thence continue west to access road on west side of Hwy. 4; thence S SW on access road to jct. with E line of NW 1/4, SW 1/4 of Sec. 1, T5N, R15E; thence N to NE 1/4 cnr. of NW 1/4, SW 1/4 of Sec. 1; thence W .25 mi. & S .5 mi. to SE cnr., Sec. 2; thence SW along Camp Connell to White Pines Rd. approx. .25 mi. to NW cnr. of Dorrington Girl Scout Camp property; thence S along W bdry. of this property to SW cnr. of said property; thence E along S bdry. of this property extended to intersect Hwy. 4; thence SW along Hwy. 4 through Secs. 11, 14 & 15 to N bdry. of Big Trees State Park; thence along park bdry. W, SW & S to SE cnr., Sec. 16; thence continue S along park bdry. .25 mi.; thence SW to SE cnr. of SW 1/4, NE 1/4 of Sec. 21; thence W .25 mi., S .125 mi., W .5 mi., S .125 mi. and then W .25 mi. to SW cnr. of NW 1/4, SW 1/4 of Sec. 21; thence W .5 mi. and N 1.75 mi. to 1/4cnr. betw. Secs. 8 & 17, T5N, R15E; thence W to Summit Level Rd. and continue W along said road to intersection with E sec. line of Sec. 13, T5N, R14E; thence S along sec. line 1.5 mi., W 1.25 mi., N .5 mi., E .25 mi. & N to NW cnr. Sec. 24; thence E .5 mi., N 1 mi. through Sec. 13; W .5 mi., N 1 mi.; thence E 2 mi. to SW cnr., Sec. 5, T5N, R15E; thence N 1 mi. & E to SE cnr. Sec. 32, T8N, R15E; thence N .5 mi., W .5 mi., N .5 mi., W .75 mi., S .25 mi., W .75 mi. & S .75 mi. to SE cnr., Sec. 36, T6N, R14E; thence W 1.5 mi., N .5 mi., W .5 mi., N .5 mi. & W 1 mi. to SW cnr., Sec. 27, T6N, R14E; thence N .25 mi., W .25 mi., N .25 mi., E .75mi., N .25 mi., E .25 mi., S .25 mi. & E .25 mi. to 1/4 cnr. betw. Secs. 27 & 28, T6N, R14E; thence N 2 mi., W 1 mi., S .5 mi. & W .5 mi. to 1/4 cnr. betw. Secs. 16 & 21; thence S .75 mi., W .25 mi., N .25 mi., W .75 mi., N .5 mi., E .25 mi., N .25 mi. & E .25 mi. to SW cnr. of NW 1/4, SW 1/4 of Sec. 16, T6N, R14E; thence N 2.75 mi., W 1.25 mi., S .25 mi., W .25 mi., N .25 mi. & W .5 mi. to SW cnr. Sec. 31, T6N, R14E; thence W .25 mi., N .75 mi., E .25 mi., N .5 mi., W .25 mi., N .25 mi. & E .25 mi. to 1/4 cnr. betw. Sec. 30, T6N, R14E & Sec. 25, T6N, R13E; thence N .75 mi., E 1 mi., N .25 mi., E 1 mi., N to Mokelumne River on W sec. line of NW 1/4, SW 1/4 of Sec. 16, T7N, R14E; thence NE along Mokelumne River to intersection with N sec. line of Sec. 16; thence E along sec. line to NE cnr., Sec. 16; thence S .25 mi., E 2 mi., S .25 mi., E 1 mi. to 1/4 cnr. betw. Sec. 13, T7N, R14E & Sec. 18, T7N, R15E; thence S 1 mi., E .25 mi., S to Winton Rd.; thence E along Winton Road to intersection with W sec. line of Sec. 28, T7N, R15E; thence N to 1/4 cnr. betw. Secs. 28 & 29, T7N, R15E, the point of beginning. 
AFPC--47,020 acres (190.4 km2) 
Other private--4,519 acres (18.3 km2)
USFS--11,949 acres (48.4 km2)
This area is established in response to a letter of petition from the American Forest Products Corporation dated October 25, 1976, as the property owner of 47,020 acres (190.4 km2) or 74% of the area with the above described boundary. No privately-owned campgrounds established and maintained for public use have been identified and exempted from use restrictions set forth in Section 4255, Public Resources Code. Smoking and use of campfires shall be allowed within public campgrounds established and maintained by the U.S. Forest Service for public use unless restrictions on such uses are specifically posted within each campground by the U.S. Forest Service. American Forest Products Corporation has filed with the Board consent for the Director to close the land within the hazardous fire area to entry pursuant to provisions of Section 4256, Public Resources Code.
§1204.8. Mokelumne Hazardous Fire Area.

Mokelumne Hazardous Fire Area is composed of approximately 27,972 acres (113.2 km2)of forested land in Calaveras County. The exterior boundary of the area is described as follows:
Beginning at the 1/4 cnr. between Secs. 28 & 29, T7N, R15E, MDB&M, being the NW cnr. of the Guilliani parcel, then S to Forest Creek; thence E along Forest Creek to the road crossing at Folsom Campground; thence SE on Bailey Ridge Fire Station Rd. through Secs. 32 & 34 and through Secs. 3 & 10, T6N, R15E, to the crossing of Middle Fork of Mokelumne River known as Solinsky Crossing; thence S & W through Secs. 10, 9 & 16 to the road jct. with Buck Ranch Motor Way in SE 1/4, NW 1/4 of Sec. 16; thence E along Buck Ranch Motor Way through Secs. 16, 15, 14, 23, 24 & 13 and through Secs. 18, 7, 8, 9 & 10, T6N, R16E, to the jct. with Black Spring Rd.; thence NE on Black Spring Rd. to jct. with E line of NW 1/4 of Sec. 10, T6N, R16E; thence N to 1/4 cnr. betw. Secs. 3 & 10; thence E .5 mi., N 2 mi. & E 1 mi. to SE cnr., Sec. 26, T7N, R16E; thence N .75 mi., E .25 mi., N .5 mi., W .25 mi. & N 1.25 mi. to 1/4 cnr. betw. Secs. 13 & 14, T7N, R16E; thence E 1 mi. through Sec. 13, N .25 mi., E .25 mi., N .25 mi. & W .25 mi. to NE cnr. Sec. 13; thence N .25 mi., W .5 mi., S .25 mi. & W 3.5 mi. to NW cnr. Sec. 16; thence S 1 mi., E 1 mi. & S .5 mi. to 1/4 cnr. betw. Secs. 21 & 22; thence W 1 mi., S 1.25 mi., W 1 mi. & N 1.75 mi. to NE cnr., Sec. 19, T7N, R16E; thence W 2 mi., N .75 mi., E .25 mi., N .25 mi. & W .25 mi. to NW cnr. Sec. 14, T7N, R15E; thence W .25 mi., S .25 mi., W 1.75 mi. & N .25 mi. to NE cnr. Sec. 15; thence W .5 mi., S .25 mi., W 1.5 mi., S .5 mi., E 1 mi. & S .25 mi. to SW cnr. Sec. 15; thence S 1 mi., W .5 mi., S to Winton Rd. and SE along this road approx. .5 mi. to W sec. line of Sec. 28; thence N to 1/4 cnr. betw. Secs. 28 & 29, T7N, R15E, to the point of beginning.
AFPC--17,521 acres (70.9 km2)
Other Private--751 acres (3.0 km2)
USFS--9,700 acres (39.3 km2)
This area is established in response to a letter of petition from the American Forest Products Corporation dated October 25, 1976, as the property owner of 17,521 acres (70.9 km2) or 63% of the area with the above described boundary. No privately-owned campgrounds established and maintained for public use have been identified and exempted from use restrictions set forth in Section 4255, Public Resources Code. Smoking and the use of campfires shall be allowed within public campgrounds established and maintained by the U.S. Forest Service for public use unless restrictions on such uses are specifically posted within each campground by the U.S. Forest Service. American Forest Products Corporation has filed with the Board consent for the Director to close the land within the hazardous fire area to entry pursuant to provisions of Section 4256, Public Resources Code.
§1204.9. Silver Fork Hazardous Fire Area.

Silver Fork Hazardous Fire Area is composed of approximately 13,331 acres (54.0 km2) of forested land in El Dorado County. The exterior boundary of the area is described as follows:
Beginning at the section corner common to Secs. 1, 2, 11 & 12, T9N, R15E, then E 1 mi., N .5 mi., E 2.25 mi., N .5 mi. & E .25 mi. to the 1/4 cnr. betw. Sec. 33, T10N, R16E & Sec. 4, T9N, R16E; thence N 1 mi., W .5 mi., N 2 mi. & E 2 mi. to SE cnr. Sec. 15; thence N 2 mi., W 1.75 mi., N .25 mi., W .75 mi., N .75 mi. & W .5 mi. to NW cnr. of Lot 13, Sec. 5, T10N, R16E; thence S .25 mi., W 1.5 mi. & S .75 mi. to 1/4 cnr. betw. Secs. 1 & 12, T10N, R15E; thence W 2 mi., S 1 mi., E 1.75 mi., S 1 mi. & E .25 mi. to 1/4 cnr. betw. Secs. 13 & 24; thence S 1 mi., E 1.25 mi., S .25 mi. & E approx. .75 mi. to Hells Delight Rd.; thence S along said road through Secs. 29 & 32 to a point on S sec. line of Sec. 32 nr. SW cnr. of SE 1/4, SE 1/4; thence W .75 mi. along sec. line, N .5 mi., W 1 mi., N .5 mi. & W 1 mi. to NW cnr., Sec. 36; thence S 2 mi. to SW cnr., Sec. 1, T9N, R15E, the point of beginning.
AFPC--7,274 acres (29.4 km2)
Other Private--97 acres (39.3 ha)
USFS--5,960 acres (24.1 km2)
This area is established in response to a letter of petition from the American Forest Products Corporation dated October 25, 1976 as the property owner of 7,274 acres (29.4 km2) or 55% of the area with the above described boundary. No privately-owned campgrounds established and maintained for public use have been identified and exempted from use restrictions set forth in Section 4255, Public Resources Code. Smoking and use of campfires shall be allowed within public campgrounds established and maintained by the U. S. Forest Service for public use unless restrictions on such uses are specifically posted within each campground by the U. S. Forest Service. American Forest Products Corporation has filed with the Board consent for the Director to close those lands within the hazardous fire area to entry pursuant to provisions of Section 4256, Public Resources Code.
§1204.10. Sly Park-Alder Creek Hazardous Fire Area.
Note     •     History

Sly Park-Alder Creek Hazardous Fire Area is composed of approximately 39,436 acres (159.7 km2) of forested land in El Dorado and Amador Counties. The exterior boundary of the area is described as follows:
Beginning at the section corner common to Secs. 16, 17, 20 & 21, T10N, R13E, MDB&M; thence E 1 mi. to the SE sec. cnr. to Sec. 16, T10N, R13E; thence S 2.5 mi., W .5 mi. to center of Sec. 33; thence S 1.5 mi. to 1/4 cnr. betw. Secs. 4 & 9, T9N, R13E; thence E 1.25 mi., S .25 mi., E .25 mi., S .25 mi. & E .5 mi. to center of Sec. 11, T9N, R13E; thence N .5 mi., E .5 mi. & N 2 mi. to SW cnr., Sec. 25, T10N, R13E; thence E 1 mi., N .5 mi., W .25 mi., S .5 mi. & W .25 mi. to the 1/4 cnr. betw. Secs. 26 & 35; thence S 1 mi.; W 1 mi. & N 3.5 mi. through center of Secs. 34, 27 & 15 to center of Sec. 15, T10N, R13E; thence E .25 mi., N .5 mi. & E .75 mi. to 1/4 cnr. betw. Secs. 11 & 14; thence S 1 mi. & E .75 mi. to 1/4 cnr. betw. Secs. 17 & 20, T10N, R14E; thence S .25 mi., E .25 mi., S .25 mi. & E 1.25 mi. to 1/4 cnr. betw. Secs. 21 & 22; thence S 1 mi., E 1 mi. & N .5 mi. to SE cnr., Sec. 22; thence E 2 mi., S 1.5 mi. & E 1.5 mi. to center of Sec. 32, T10N, R15E; thence N .5 mi. & E approx. 1 mi. to Mormon Trail (Iron Mt. Road); thence E along Mormon Trail Rd. to a point on E sec. line of Sec. 34 where Mormon Trail crosses line; thence N 3.25 mi., W 1 mi., N .75 mi. and W 1 mi. to SE cnr. Sec. 8; thence N .5 mi., E .5 mi., N .5 mi. & E approx. 1.25 mi. to Beanville Creek; thence N along Beanville Creek 1 mi., more or less, to creek's intersection with N sec. line of Sec. 3, T10N, R15E; thence W along sec. line to SE cnr. SW 1/4, SW 1/4 of Sec. 33, T11N, R15E; thence N 1 mi. & W along sec. line approx. .75 mi. to PG&E flume; thence W along flume through Secs. 32 & 31, T11N, R15E & Sec. 36, T11N, R14E, to flume's intersection with the W sec. line of Sec. 36; thence S approx. 1 mi. to SW cnr. Sec. 36; thence W .5 mi., N 1 mi., W 1.5 mi. & S 1 mi. to SW cnr., Sec. 34, T11N, R14E; thence W 2.25 mi., N 1 mi., W 1.75 mi. & S 1 mi. to SW cnr., Sec. 35, T11N, R13E; thence W 1.75 mi., N .25 mi., W approx. 2 mi. to county road from Pollock Pines to Jenkinson Lake; S on county road approx. .125 mi. to intersection with Rupley Tree (private) road; thence E & S on this road approx. 1.25 mi. to intersection with S sec. line of Sec. 5, T10N, R13E; thence W along sec. line approx. 500 feet to NW cnr. of NE 1/4, NE 1/4, Sec. 8; thence S .5 mi., E .25 mi., N .25 mi., E .75 mi., N .25 mi. & E .25 mi. to NW cnr., Sec. 10; thence S 1.5 mi. to 1/4 cnr. betw. Secs. 15 & 16; thence W 1 mi. & S to Mormon Trail; thence W on trail approx. .5 mi. to Jenkinson Lake East Dam in NE 1/4, SW 1/4 of Sec. 17; thence W & S along Sly Park Creek approx. 2 mi. to intersection with W sec. line of Sec. 19; thence S along sec. line approx. 1500 feet to SW cnr., Sec. 19; thence E 2 mi. & N 1 mi. to SW cnr. Sec. 16, T10N, R13E, the point of beginning.
AFPC--22,049 acres (893 km2)
Other Private--1,510 acres (6.1 km2)
USFS--15,877 acres (64.3 km2)
This area is established in response to a letter of petition from the American Forest Products Corporation dated October 25, 1976 as the property owner of 22,049 acres (89.3 km2) or 56% of the area with the above described boundary. No privately-owned campgrounds established and maintained for public use have been identified and exempted from use restrictions set forth in Section 4255, Public Resources Code. Smoking and use of campfires shall be allowed within public campgrounds established and maintained by the U. S. Forest Service for public use unless restrictions on such uses are specifically posted within each campground by the U. S. Forest Service. American Forest Products Corporation has filed with the Board consent for the Director to close the land within the hazardous fire area to entry pursuant to provisions of Section 4256, Public Resources Code.
NOTE

Authority cited: Section 4253, Public Resources Code. Reference: Sections 4251 and 4253, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 6-20-79 as procedural and organizational; effective upon filing (Register 79, No. 25).
Article 5. Central Coast Region
§1205. Quien Sabe-Los Muertos Hazardous Fire Area.
Note     •     History

Quien Sabe-Los Muertos Hazardous Fire Area is composed of approximately 130,000 acres (526.3 km2) of watershed land in San Benito County. The exterior boundary of the area is described as follows:
Beginning at the junction of the Lone Tree Rd. and the San Benito-Merced County line in the SE 1/4 of Sec. 5, T12S, R7E, MDB&M; thence W along Lone Tree Rd. approx. 11 mi. to the intersection of Lone Tree and Fairview Rds.; thence S along Fairview Rd. approx. 1 mi. to intersection of Fairview and Santa Anna Valley Rds.; thence following along Santa Anna Valley Rd. SE for approx. 12 mi. to jct. of Santa Anna Valley Rd. and sec. line dividing Secs. 28 & 29, T13S, R7E; thence S along sec. line dividing Secs. 32 & 33, T13S, R7E, to SW cnr. of Sec. 33, T13S, R7E; thence due E approx. 3.25 mi. to Canada Verde Creek; thence S along creek to NE cnr. of Sec. 12, T14S, R7E; thence S 3.25 mi. to Hollister-Panoche Rd. following along road E approx. 9 mi. to Antelope Fire Control Station (so. bdry. of Sec. 6, T15S, R9E); thence NE along Fancher-Wilkinson private road to NW cnr. of Sec. 3 T15S, R9E; thence E 3 mi. following along township line dividing Townships 14S & 15S to SE cnr. of Sec. 36, T14S, R9E; thence N 1.5 mi. following along E bdry. of Secs. 25 & 36, T14S, R9E; thence E 1 mi. following along S line of Sec. 19, T14S, R10E, to SE cnr. of Sec. 19; thence due north following along sec. lines dividing Secs. 19 & 20, 17 & 18, and 7 & 8, T14S, R10E, to San Benito-Fresno County line; thence following along said line to jct. of San Benito-Merced County lines; thence along said line to the point of beginning.
NOTE

Authority cited: Section 4253, Public Resources Code. Reference: Sections 4251 and 4253, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 6-20-79 as procedural and organizational; effective upon filing (Register 79, No. 25). 
§1205.1. Jamesburg Hazardous Fire Area.
Note     •     History

Jamesburg Hazardous Fire Area is composed of approximately 67,000 acres (271.3 km2) of watershed lands in Monterey County. The exterior boundary of the area is described as follows:
Beginning at Mt. Toro Triangulation Station (USC&GS) thence SE, following divide between watersheds of the Salinas River and Carmel River to Palo Escrito Peak; thence S along Paloma Creek to county rd. betw. Carmel Valley and Arroyo Seco; thence W along county rd. to NW cnr. of Sec. 28, T18S, R4E, MDB&M; thence following N bdry. of Los Padres National Forest W & N to NE cnr. of Sec. 1, T18S, R2E; thence NE in a straight line to point of intersection of N line of Sec. 31, T17S, R3E, with the county rd. betw. Carmel Valley & Princess Camp; thence following county rd. N & W to Klondike Canyon; thence up said canyon to a point which lies due west of jct. of main forks of Chupines Creek; thence due E to jct. of main forks of Chupines Creek, being a point at which an old rd. running betw. Chupines Creek and Calera Canyon leaves Chupines Creek to the north; thence N about 1.5 mi. along said old rd. to S fork of Calera Canyon at approx. E 1/4 cnr. of Sec. 29, T16S, R3E; thence NE up S fork of Calera Canyon to Mt. Toro Triangulation Station, the point of beginning.
NOTE

Authority cited: Section 4253, Public Resources Code. Reference: Sections 4251 and 4253, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 6-20-79 as procedural and organizational; effective upon filing (Register 79, No. 25). 
§1205.2. LaGloria Hazardous Fire Area.
Note     •     History

LaGloria Hazardous Fire Area is composed of approximately 131,900 acres (534.0 km2) of watershed land in Monterey County. The exterior boundary of the area is described as follows:
Beginning at the point where Topo Creek intersects the Monterey-San Benito County line, then N along said line to point where San Juan Rd. intersects county line; thence SW along road to intersection of Crazy Horse Canyon Rd.; thence SE along said rd. to intersection of Old Stage Rd.; thence S along Old Stage Rd. to intersection of Iverson Rd.; thence SE along road to intersection of Gloria Rd.; thence E along Gloria Rd. to intersection of Gloria-Camphora Rd.; thence S along said road to a point where Mantes Vineyard intersects said road; thence S along San Vicente Grant line to a point where Bryant Canyon Rd. intersects said Grant line; thence S along Bryant Canyon Rd. to intersection of Metz Rd.; thence S along road to a point where Topo Creek intersects said road; thence E along creek to the point of beginning.
NOTE

Authority cited: Section 4253, Public Resources Code. Reference: Sections 4251 and 4253, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 6-20-79 as procedural and organizational; effective upon filing (Register 79, No. 25).
§1205.3. Pacheco Hazardous Fire Area.
Note     •     History

Pacheco Hazardous Fire Area is composed of approximately 95,720 acres (387.5 km2) of watershed land in Merced and Santa Clara Counties. The exterior boundary of the area is described as follows:
Commencing at the Gustine Forest Fire Station in Sec. 15, T8S, R8E; thence S along Mendota Canal to its jct. with Hwy. 33 at a point midway on the E sec. line of Sec. 7, T10S, R9E; thence S on Hwy. 33 to its jct. with Hwy. 152 at the SE cnr. of Sec. 18, T10S, R9E; thence W along Hwy. 152 to a point midway on S bdry. of Sec. 17, T10S, R8E; thence S along Harper Lane to its jct. with French Pass Rd.; thence SW along said road to Merced County line in French Pass on N sec. line of Sec. 32, T11S, R7E; thence N along county line to its jct. with Whisky Flat Rd., Sec. 6, T11S, R7E; thence N along Whisky Flat Rd., to bdry. of Rancho San Luis Gonzaga (a grant) in approx. the center of Sec. 31, T10S, R7E; thence W along bdry. of Rancho San Luis Gonzaga to its jct. with Hwy. 152, Sec. 32, T10S, R6E; thence NE along Hwy. 152 to its jct. with county line road in Sec. 16, T10S, R7E; thence in a general northerly direction along county line road to a point in Sec. 20, T9S, R7E, which forms jct. of Santa Clara, Stanislaus and Merced County lines; thence NE along Merced County line to its jct. with Sullivan Rd. in Sec. 16, T8S, R8E; thence E along said road to the point of beginning. (Refer to Department of Forestry map of Santa Clara County, Mt. Hamilton Unit, 1950 (Rev. 1954)).
NOTE

Authority cited: Section 4253, Public Resources Code. Reference: Sections 4251 and 4253, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 6-20-79 as procedural and organizational; effective upon filing (Register 79, No. 25).
§1205.4. San Francisco Peninsula Watershed Hazardous Fire Area.
Note     •     History

San Francisco Peninsula Watershed Hazardous Fire Area is composed of approximately 23,000 acres (93.1 km2) of watershed lands in San Mateo County, described as follows:
Beginning at a point on the westerly line of Hwy. 35, said point being on the SW San Bruno city limit; thence S along W line of Hwy. 35 approx. 8,000 feet (2.4 km) to its intersection with the W property line of Interstate Hwy. 280; thence SE along said W property line of Hwy. 280 approx. 74,000 feet (22.6 km) to its intersection with the N limit of Town of Woodside; thence SW along town limit approx. 2,500 feet (76.2 metres) to a point on the crest of the ridge overlooking West Union Creek; thence along the firebreak situated thereon NW and W approx. 16,000 feet (4.9 km) to the crest of Kings Mountain at the termination of the firebreak with the E line of State Hwy. 35; thence N along E line of highway approx. 23,000 feet (7.0 km) to its intersection with Hwy. 92 at the crest of Cahill Ridge; thence N along E side of Cahill Ridge Rd. approx. 3,300 feet (1.0 km) to the SE cnr. of Sec. 11, T5S, R5W, MDB&M; thence N & W along the grant bdry. of Los Feliz Rancho to the SE cnr. of SW 1/4, SW 1/4 of Sec. 2, T5S; thence W along S sec. line of Secs. 2, 3 & 4, T5S, R5W, to the point of intersection with Corinda Los Trancos dirt road; thence along E side of said road in a NW direction along ridge of Montera Mountain to jct. of road with Whiting Ridge dirt road in the W 1/2 of Sec. 25, T4N, R6W; thnce NE along E side of said road to its intersection with Portola Road in the SE 1/4, SE 1/4 of Sec. 7, T4N, R5W; thence in a NW direction along E side of Portola Rd. over Sweeney Ridge approx. 5,100 feet (1.6 km) to its jct. with the spur road to the military reservation; thence continuing along Portola Rd. in a northerly direction to its intersection with the W San Bruno City limits; thence SE along city limit line approx. 2,000 feet (610 metres); thence NE approx. 2,000 feet (610 metres), to the point of beginning.
The land within the posted boundaries of the recreational use areas listed and described below are excluded from the San Francisco Peninsula Watershed Hazardous Fire Area:
Pilarcitos Picnic Grounds:
These grounds are located in the NW 1/4, NW 1/4 of Sec. 33, T5S, R5W, MDB&M, approximately 500 feet (152.4 metres) in a southerly direction from the Pilarcitos Dam.
Vista Point, Interstate Highway 280:
This area is located on a ridge at an elevation of approximately 640 feet (175 metres), approx. 800 feet (243.8 metres) S SW of Hwy. 280 and approx. .5 mi. (804.7 metres) SE on Hwy. 280 from highway intersection at the jct. of Hwys. 280 and 92 in San Mateo County.
Crystal Springs Golf Course:
This area of approximately 204 acres (82.6 ha) is delineated on San Francisco Water Department Drawing No. X-1847, dated October 14, 1971, attached to and filed with the Official Boundary Maps--San Francisco Peninsula Watershed Hazardous Fire Area as a public record on file in the Department of Forestry.
Pulgas Water Temple:
The temple and grounds occupy an area of approximately 5 acres (2.0 ha) enclosed by a fence located west of Canada Road approximately 8,000 feet (2.4 km) NW of intersection of Canada and Edgewood Roads and approximately 1,400 feet (427 metres) easterly from extreme southeast shoreline of the Upper Crystal Springs Reservoir in San Mateo County. 
The above described lands and listed exclusions therefrom are fully delineated on the following U.S. Geological Survey, 7.5 minute, Topographic Quadrangle Maps, published at a scale of 1:24000 and identified as: 
Montara Mountain, California, printed 1961, revised 1968 
San Mateo, California, printed 1956, revised 1968, 1973 
Woodside, California, printed 1961, revised 1968, 1973 

and further designated as Sheets A, B and C, respectively, of Official Boundary Maps--San Francisco Peninsula Watershed Hazardous Fire Area, retained as a public record on file in the Department of Forestry. This hazardous fire area designation is effective from May 20 to November 1, 1977 and from June 1 to November 1 of each year thereafter.
NOTE

Authority cited: Section 4253, Public Resources Code. Reference: Sections 4251 and 4253, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 6-20-79 as procedural and organizational; effective upon filing (Register 79, No. 25).
§1205.5. San Mateo, Santa Cruz and Santa Clara Counties Hazardous Fire Area.
Note     •     History

San Mateo, Santa Cruz and Santa Clara Counties Hazardous Fire Area is composed of approximately 220,940 acres (894.5 km2) of forest and watershed land in the above counties. The exterior boundary of this area is described as follows:
Beginning at the U.S. Coast & Geodetic Survey bench mark 2063, located in NW 1/4 of Sec. 9, T6S, R4W, MDB&M, San Mateo County; thence S on Star Hill Rd. to Ranch Rd.; thence E on Ranch Rd. to Bear Gulch Rd.; S on Bear Gulch Rd. to San Gregorio Rd.; thence SE on San Gregorio Rd. to Pescadero Creek Rd.; SW on Pescadero Creek Rd. to Cloverdale Rd. located in the SE 1/4 of Sec. 11, T8S, R5W; thence S on Cloverdale Rd. to Hwy. 1, S on Hwy. 1 to Liddell Creek, E on Smith Grade to Hwy. 9, N on Hwy. 9 to Quail Hollow Rd.; E on Quail Hollow Rd. through Zayante Park, continuing E to Hwy. 17 at Fontenay Villa, S from Fontenay Villa to Blackburn Gulch, then SE to the Soquel Rd. continuing SE to Hames Rd., S to Browns Valley Rd., N on Browns Valley Rd. to Hazel Dell Rd., SE on Hazel Dell Rd. to the Mt. Madonna Rd.; N on Mt. Madonna Rd. to the intersection of Mt. Madonna Rd. and Loma Ridge Rd. located in the NE 1/4 of Sec. 3, T10S, R1E; thence N on Loma Ridge Rd., Santa Clara County, to Almaden Air Force Rd. to Hicks Rd., NW on Hicks Rd. and Kennedy Rd. to Hwy. 17 (Los Gatos) from Hwy. 17, NW on the Saratoga-LosGatos Rd. to the town of Saratoga; thence W from Saratoga on Big Basin Way to Congress Springs, N from Congress Springs via Stevens Canyon Rd. to the Stevens Creek County Park; thence from the Park NW on Monte Bello Ridge Rd. to Skyline Boulevard, NW on Skyline Blvd. to the Sky Londa Forest Fire Station, then N on Woodside Rd. to Kings Mountain Rd. to bench mark 2063 in NW 1/4, Sec. 9, T6S, R4W, the point of beginning.
The campgrounds or campsites listed below are designated as locations where smoking and the building of campfires may be allowed within posted campground limits and within cleared firebreaks surrounding said campgrounds or campsites:
San Mateo County:
Camp Cutter; Sunnyside Lodge; Camp Chesbora; Skylark Girl Scouts; Loma Mar YMCA; Day Break Camp; The Willows; San Francisco YMCA; Log Cabin Ranch; Kings Grove Association; La Honda Park; all San Mateo County Parks except Pescadero Park; Mountain Camp; Villa Don Bosco; Wycliffe Bible Translator, Inc.; and Bahi School Camp.
Santa Cruz County:
Hewlett Packard (Little Basin); Camp Lidblad (BSA); Camp Harmon; Camp Campbell YMCA; Mt. Cross Lutheran Bible Camp; Camping Unlimited for Retarded Children; Camp Hammer; Redwood Christian Park; Satori Conference Center, Inc.; 4-H Camp, located on Highland Avenue; Hidden Falls for Girl Scouts; Boulder Creek Scout Training Reservation; Glenwood Baptist; Camp Wastahi (GSA); Quaker Center; Bridge Mountain Foundation; Ben Lomond Volunteer Fire Recreation Area; Boulder Creek Volunteer Fire Recreation Area; Range 3 West; Forest Pool; UCSC Campground; Bear Creek Recreation Area; and Bear Creek Estates.
Santa Clara County:
Easter Seal Camp; Camp Stuart; Saratoga Springs; all Santa Clara County Parks; Stevens Creek Lodge; C. Grigg; Paul Masson Camp; Echo Mountain Camp; Camp Ren Wickiup; and Sunnyvale Mountain Park. This designation as a hazardous fire area shall be in effect from May 20 to December 1, 1977 and from May 15 to December 1 each year thereafter.
NOTE

Authority cited: Section 4253, Public Resources Code. Reference: Sections 4251 and 4253, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 6-20-79 as procedural and organizational; effective upon filing (Register 79, No. 25).
§1205.6. Los Padres Boundary Hazardous Fire Area.
Note     •     History

Los Padres Boundary Hazardous Fire Area is composed of approximately 170,835 acres (691.6 km2)of forest and watershed lands located along the north and east boundaries of the Monterey District of the Los Padres National Forest. The exterior boundary of the area is described as follows:
Beginning at Mt. Toro (U.S. Coast & Geodetic Survey Station); thence SE following the divide between the watershed of the Salinas River and the Carmel River to Palo Escrito Peak; continuing SE along the divide betw. Salinas and Arroyo Seco Rivers beyond Paloma Mt. to high point 3660 nr. E 1/4 cnr. of Sec. 22, T18S, R5E, MDB&M; thence S down a ridge to county road betw. Arroyo Seco and Greenfield nr. N 1/4 cnr. of Sec. 24, T19S, R5E; thence E along said county road to its intersection with a private road nr. SW cnr. of Sec. 11, T19S, R7E; thence SE along dirt road at base of hill that coincides with zone line designating local responsibility and state responsibility lands to intersection of county road known as Thompson Canyon; thence SW along Thompson Canyon Rd. to its jct. with dirt road in SE 1/4 of Sec. 17, T20S, R7E; thence SE along said dirt road to its intersection with Pine Canyon Rd. in the NE 1/4 of Sec. 34, T20S, R7E; thence generally S along a private road over the ridge into Cherry Canyon; thence E along Cherry Canyon Rd. to its intersection with the county road between King City and Jolon; thence SW approx. 3 mi. to a private road in the SW 1/4 of Sec. 18, T21S, R8E; thence SE up Mansfield Canyon to Merritt Peak (U.S. Coast & Geodetic Triangulation Station) bench mark 2310, continuing S along a private dirt road into Robinson Canyon; thence W along Robinson Canyon Rd. to the Hunter Liggett Military bdry. at the NE cnr. Sec. 24, T22S, R7E; thence NW along said military bdry. to its intersection with Los Padres National Forest bdry. in Sec. 17, T21S, R6E; thence N and W along National Forest bdry. to NE cnr. of Sec. 1, T18S, R2E; thence NE in a straight line to point of intersection of N line of Sec. 31, T17S, R3E, with county road between Carmel Valley and Princess Camp; thence following said road N and W to Klondike Canyon; thence up Klondike Canyon to a point which lies due W of the jct. of the main forks of Chupines Creek; thence due E to jct. of main forks of Chupines Creek, being a point at which an old road running between Chupines Creek and Calera Canyon leaves Chupines Ceek to the N; thence N about 1.5 mi. along said old road to S fork of Calera Canyon at approx. E 1/4 cnr. Sec. 29, T16S, R3E; thence NE up S fork of Calera Canyon to Mt. Toro, the point of beginning. The private campgrounds or campsites located within the boundaries of the hazardous fire area listed below are designated as locations where smoking and the building of campfires may be allowed within posted campground limits and within cleared firebreaks surrounding said campgrounds or campsites.
Princess Camp Campground:
This campground is about 11 acres (4.45 ha) in size and is located about one mile north of the Forest Service Carmel River Guard Station in Sec. 4, T18S, R3E.
Millers Lodge Campground:
This campground contains approximately 40 acres (16.2 ha) and is located in the Arroyo Seco Canyon about 6 miles NE of the Forest Service Arroyo Seco Guard Station in Sec. 27, T19S, R5E. 
The descriptions above, for purposes of convenience, include portions of the areas described in Section 1205.1, Title 14, California Administrative Code. The designation as a hazardous fire area shall be in effect from May 20 to December 1, 1977 and from May 15 to December 1 each year thereafter.
NOTE

Authority cited: Section 4253, Public Resources Code. Reference: Sections 4251 and 4253, Public Resources Code.
HISTORY

1. Amendment filed 6-20-79 as procedural and organizational; effective upon filing (Register 79, No. 25).
Article 6. Southern California Region
§1206. DeLuz-Tenaja Hazardous Fire Area.
Note     •     History

DeLuz-Tenaja Hazardous Fire Area is composed of approximately 17,800 acres (72.04 km2) of watershed land in San Diego and Riverside Counties. Where roads constitute the exterior boundary of said hazardous fire area, the boundary along such road shall be located as follows: If the road right-of-way is fenced, the boundary shall be at outermost fence line so that the entire road right-of-way lies within the hazardous area; if the road right-of-way is unfenced, then the exterior boundary of the hazardous area shall be the outer edge of the graded road surface so that the entire road lies within the hazardous area. The exterior boundary of the area is described as follows:
Beginning at the NW corner of Section 13, T8S, R5W, SBB&M, on the San Diego-Riverside County boundary line, thence S approx. 3 miles (4.83km) on the section bdry. lines common to Secs. 13 and 14, 23 and 24, and 25 and 26, to the SW cnr. of Sec. 25, T8S, R5W; thence W approx. 1.96 miles (3.15km), on the sec. bdry. lines common to Secs. 26 and 35, and 27 and 34, to the jct. with the E bdry. of Camp Pendleton Marine Corps Base Naval Reservation at the SW cnr. of Sec. 27, T8S, R5W; thence S and E, following the Camp Pendleton Marine Corps Base Naval Reservation and Grant Boundary to its jct. with the DeLuz County Road nr. the 1/4 cnr. on the S bdry. line of Sec. 12, T9S, R4W, SBB&M, near Bench Mark 304, said portion of the Naval Reservation and Grant Boundary being described as follows:
Beginning at the NW cnr. of Sec. 34, T8S, R5W, SBB&M, SE approx. 1.25 mi, (2 km) to the SW cnr. of Sec. 34, T8S, R5W; thence E approx. 2.8 miles (4.51 km) to the N 1/4 cnr. of Sec. 6, T9S, R4W; thence S approx. 1.95 mi. (3.14 km) to the S1/4 cnr. of Sec. 7, T9S, R4W; thence E approx. 0.5 mi. (0.8 km) to the SE cnr. of Sec. 7, T9S, R4W; thence N approx. 1500 ft. (0.46 km) to the NE cnr. of SW 1/4 SW 1/4 of Sec. 8, T9S, R4W; thence E approx. 2800 ft. (0.85 km) to the NE cnr. of the SE 1/4 SW 1/4 of Sec. 8, T9S, R4W; thence N approx. 3900 ft (1.19 km) to the NW cnr. of the NW 1/4 NE 1/4 of Sec. 8, T9N. R4W; thence E approx. 0.25 mi. (0.4 km) to the NE cnr. of the NW 1/4 NE 1/4 of Sec. 8, T9S, R4W; thence S approx. 0.5 mi. (0.8 km) to the NE cnr. of the NW 1/4 SE 1/4 of Sec. 8, T9S, R4W; thence E approx. 0.25 mi. (0.4 km) to the NE cnr. of NE 1/4 SE 1/4 of Sec. 8, T9N, R4W; thence S approx. 500 ft. (0.15 km); thence NE approx. 1.25 mi. (2.01 km) to a point near elevation 1146 ft. in the SW 1/4 SW 1/4 of Sec. 3, T9S, R4W; thence SE approx. 1.43 mi. (2.3 km) to a point near elevation 1028 ft. in the NW 1/4 SW 1/4 of Sec. 11, T9S, R4W; thence E approx. 3800 ft. (1.16 km) to the NE cnr. of the NE 1/4 SE 1/4 of Sec. 11, T9S, R4W; thence E approx. 2,000 ft. (0.61 km) in the NE 1/4 SW 1/4 of Sec. 12, T9, R4W; thence S approx. 1,500 ft (0.46 km) to the intersection with the DeLuz County Road near Bench Mark 304.
Thence E on the DeLuz County Road approx. 1,500 ft (0.46 km) to its intersection with Sandia Creek Dr. in the NW 1/4 NE 1/4 of Sec. 13, T9S, R4W, near Bench Mark 331; thence N on Sandia Creek Dr. approx. 1.1 mi. (1.77 km) to its jct with the Rock Mtn. Rd. in the NE 1/4 NE 1/4 of Sec. 12, T9S, R3W; thence NE on said rd. approx. 1.2 mi (1.93 km) to its jct. with the Margarita Truck Trail in the SW 1/4 SE 1/4 of Sec. 6, T9S, R3W; thence N through Sec. 6, T9S, R3W, and Sec. 31, T8S, R3W; approx. 2.2 miles (3.54 km) to its intersection with the San Diego-Riverside County bdry. line at a pt. approx. .125 mi. (0.2 km) S of NW cnr. of Sec. 31, T8S, R3W; thence N approx. .37 mi. (0.6 km) and NW approx. 7.6 mi. (12.23 km) along the San Diego-Riverside County bdry. line to the point of beginning. The private campgrounds or campsites located within the exterior boundary of the DeLuz-Tenaja Hazardous Fire Area listed below are designated as locations where smoking and the building of campfires may be allowed within posted campground limits:
Fallbrook Kamp Retreat:
This campground contains approximately 60 acres (24.3 ha) and is located in DeLuz Canyon one mile (1.6 km) SW of the San Diego-Riverside County line in the E 1/2, SW 1/4 and SE 1/4, SW 1/4 of Sec. 20, T8S, R4W, in San Diego County.
This designation as a hazardous fire area shall be in effect from the date of filing with the Secretary of State through December 31, 1977 and from May 1 through December 31 each year thereafter.
NOTE

Authority cited: Section 4253, Public Resource Code. Reference: Sections 4251 and 4253, Public Resources Code.
HISTORY

1. New Article 6 (Section 1206) filed 6-3-77 as an emergency; effective upon filing (Register 77, No. 23). Issuing agency: Department of Forestry.
2. Certificate of Compliance filed 9-16-77 (Register 77, No. 38).
3. Amendment filed 9-27-77; effective thirtieth day thereafter (Register 77, No. 40). Issuing agency: Department of Forestry. 
§1207. Closure to Entry--San Francisco Peninsula Hazardous Fire Area.
Note     •     History

NOTE

Authority cited: Section 4256, Public Resources Code. Reference: Sections 4254, 4256 and 4257, Public Resources Code.
HISTORY

1. New Article 7 (Section 1207) filed 6-3-77 as an emergency; effective upon filing (Register 77, No. 23). Issuing agency: Director of Forestry.
2. Certificate of Compliance filed 9-16-77 (Register 77, No. 38).
3. Repealer filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28). 
Chapter 7. Fire Protection*

* Formerly Subchapter 7 of Chapter 2, Division 2, Title 14, Cal. Adm. Code.
Article 1. Classification of Private Lands for Fire Protection
§1220. Presently Classified and Recorded Boundaries.
Note     •     History

The boundaries of state responsibility areas for fire protection as defined in Section 4102 of the Public Resources Code, are delineated upon a series of maps of the State of California on file in the Sacramento office of the Department of Forestry and Fire Protection. The maps are titled “Maps of State Responsibility Areas for Fire Protection.” These maps are periodically amended and adopted by the Board of Forestry and Fire Protection pursuant to Sections 4125-4128 of the Public Resources Code consistent with procedures contained in the publication entitled “State Responsibility Area Classification System” as updated October 6, 2010.
NOTE

Authority cited: Sections 4111 and 4125, Public Resources Code. Reference: Sections 4102, 4125, 4126, 4127 and 4128, Public Resources Code.
HISTORY

1. Redesignation from Subchapter 7 of Chapter 2, Division 2 (Sections 1220-1258, not consecutive) to Chapter 5 of Division 2 (Sections 1220-1258, not consecutive) filed 4-1-77 as procedural and organizational; effective upon filing (Register 77, No. 14). For former history, see Registers 58, No. 21; 64, Nos. 7 and 20; 67, Nos. 2 and 32; 69, No. 17; 70, No. 18 and 71, No. 51.
2. Designation of Sections 1220-1220.4 as Article 1 filed 3-17-78; effective thirtieth day thereafter (Register 78, No. 11).
3. Redesignation from Chapter 5 (Sections 1220-1258, not consecutive) to Chapter 7 (Sections 1200-1258, not consecutive) filed 5-19-78 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20).
4. Repealer of Article 1 (Sections 1220-1220.4) and new Article 1 (Sections 1220-1220.5) filed 10-13-78; effective thirtieth day thereafter (Register 78, No. 41).
5. Amendment filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
6. Amendment of section and Note filed 6-23-2006; operative 7-23-2006 (Register 2006, No. 25).
7. Amendment filed 11-22-2010; operative 12-22-2010 (Register 2010, No. 48).
§1220.1. Procedure for Classification. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4125-4128, Public Resources Code. Reference: Sections 4102 and 4125-4128, Public Resources Code.
HISTORY

1. Repealer filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
§1220.2. Environmental Documentation. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4125-4128, Public Resources Code. Reference: Sections 4102 and 4125-4128, Public Resources Code.
HISTORY

1. Repealer filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
§1220.3. Recording of Boundary Changes. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4125-4128, Public Resources Code. Reference: Sections 4102 and 4125-4128, Public Resources Code.
HISTORY

1. Repealer filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28). 
§1220.4. Public Access and Review. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4125-4128, Public Resources Code. Reference: Sections 4102 and 4125-4128, Public Resources Code.
HISTORY

1. Repealer filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28). 
§1220.5. Suppression of Fires on Lands Adjacent to State Responsibility Areas. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 4125-4128, Public Resources Code. Reference: Sections 4102 and 4125-4128, Public Resources Code.
HISTORY

1. Repealer filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28). 
Article 2. Fire Extinguisher Test Standards and Procedures [Repealed]
HISTORY

1. Repealer of article 2 (sections 1230-1235) filed 11-7-96; operative 1-1-97 (Register 96, No. 45). 
Article 3. Fire Prevention Standards for Multiposition Small Engines
§1240. Multiposition Small Engine, Defined.
Note     •     History

Multiposition small engine (Mse.) means--any internal combustion engine operated on hydrocarbon fuels that normally is hand-held when operated by one or more persons, which can and may be operated in any position, including but not limited to inverted and includes all of the engines to which the provisions of PRC 4443 are applicable.
NOTE

Authority cited: Section 4443, Public Resources Code. Reference: Section 4443, Public Resources Code.
HISTORY

1. New Article 3 (Sections 1240-1242.1) filed 3-17-78; effective thirtieth day thereafter (Register 78, No. 11).
§1241. Minimum Performance Standards for Multiposition Small Engine Exhaust System Fire Ignition Suppression for Engines Manufactured After June 30, 1978.

The following minimum performance standards for Mse. exhaust systems are established to prevent the ignition of fire in organic fuels consisting of, or developed from forest, brush or grass vegetation.
(a) Carbon Particle Retention or Destruction. Each Mse. exhaust system or a spark arrester used in or with such exhaust system shall be designed to retain or destroy 90% or more of the carbon particles having a major diameter greater than 0.023 in. (0.584 mm) as determined when tested in accordance with the provisions of part 3 of the Society of Automotive Engineers (SAE) Recommended Practice J335(b).
(b) Exposed Surface Temperature. The Mse. exhaust system shall be designed so that the exposed surface temperature shall not exceed 550 F (288 C) as determined when tested in accordance with the provisions of part 4 of SAE Recommended Practice J335(b).
(c) Exhaust Gas Temperature. The Mse. exhaust system shall be designed so that the exhaust gas temperature shall not exceed 475 F (246 C) as determined when tested in accordance with the provisions of part 5 of SAE Recommended Practice J335(b).
(d) Debris Accumulation. The Mse. exhaust system shall be designed in such a manner that there are no pockets or corners where flammable material might accumulate. Pockets are permissible only if it can be substantiated by suitable test that material can be prevented from accumulating in the pockets.
(e) Durability. The Mse. exhaust system must be constructed of durable material and so designed that it will, with normal use and maintenance, provide a reasonable service life. Parts designed for easy replacement as a part of routine maintenance shall have a service life of no less than 50 hours. Cleaning of parts shall not be required more frequently than once for each 8 hours of operation.
(f) Serviceability. A spark arrester shall be so designed that it may be readily inspected and cleaned. 
§1241.1. Test Procedures for Multiposition Small Engine Exhaust System Fire Ignition Suppression for Engines Manufactured After June 30, 1978.

The exhaust system of Mse. shall be tested and evaluated (qualified and rated) for compliance with the minimum performance standards established therefore, by 14 CAC 1241 by using SAE Recommended Practice J335(b) as adopted December 15, 1976. Practice J335(b) is adopted by reference as though set forth at length herein. 
§1241.2. Compliance Requirement for Multiposition Small Engines Manufactured After June 30, 1978.
Note     •     History

Exhaust systems of Mse. operated or caused to be operated at any location in California on lands covered wholly or in part, by forest, brush, grass or any combination of such vegetation, will be only deemed to comply with the provisions of PRC 4443 if they are:
(a) certified by an Equipment Development Center of the United States Forest Service as having met the performance standards set forth in 14 CAC 1241 when tested using the procedures contained in SAE Recommended Practice J335(b) as required by 14 CAC 1241.1; and
(b) the operator of said Mse. maintains the exhaust system thereof so that it will at all times meet or exceed the minimum performance standards set forth in 14 CAC 1241.
NOTE

Authority cited: Sections 4111 and 4443, Public Resources Code. Reference: Section 4443, Public Resources Code.
HISTORY

1. Amendment filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28). 
§1242. Minimum Performance Standards and Test Procedures for Multiposition Small Engine Exhaust System Fire Ignition Suppression for Engines Manufactured Prior to July 1, 1978.

Mse. manufactured prior to July 1, 1978, which do not meet the minimum performance standards in 14 CAC 1241-1241.2 shall be equipped with a spark arresting device, installed in, attached to, or constructed as an integral part of the exhaust system, equipped with a woven screen with a maximum opening size of 0.0232 inches (0.584 mm) and is constructed of 0.013 inches (0.330 mm) or larger diameter, heat and corrosion resistant wire or has a usable life of 50 hours or more. The spark arrester will be considered in compliance with the requirement provided the total effective exhaust area (total area of openings) of the screen is not less than the 125% of the engine exhaust port area. The exhaust system shall be constructed to permit easy removal and replacement of the spark arrester screen for field inspection, replacement and cleaning. 
§1242.1. Compliance Requirements for Multiposition Small Engines Manufactured Prior to July 1, 1978.
Note     •     History

Spark arresters installed in, attached to, or constructed as an integral part of the exhaust system of Mse. manufactured prior to July 1, 1978 will be deemed to be in compliance with the provisions of PRC 4443 only if they meet at least one of the criteria set forth in subsections (a) and (b).
(a) Meet the minimum performance standards in 14 CAC 1241-1241.2.
(b) Is equipped with a woven screen with a maximum opening size of 0.032 inches (0.584 mm) as defined in 14 CAC 1242.
The person operating the Mse. will maintain the exhaust system so that it continuously meets such standards.
NOTE

Authority cited: Sections 4111 and 4443, Public Resources Code. Reference: Section 4443, Public Resources Code.
HISTORY

1. Amendment filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
Article 4. Fire Prevention Standards for Electric Utilities
§1250. Purpose.
Note     •     History

The purpose of Article 4 is to provide specific exemptions from: electric pole and tower firebreak clearance standards, electric conductor clearance standards and to specify when and where the standards apply.
NOTE

Authority cited: Sections 4292 and 4293, Public Resources Code. Reference: Sections 4292-4296, Public Resources Code.
HISTORY

1. Repealer of Article 4 (Sections 1250-1258) and new Article 4 (Sections 1250-1258) filed 11-2-78; effective thirtieth day thereafter (Register 78, No. 44). For former history, see Registers 64, No. 7; 65, No. 6; 67, No. 32; 68, No. 42; 70, No. 18; 78, No. 11.
2. Repealer of Article 4 (Sections 1250-1258) and new Article 4 (Sections 1250-1258) filed 5-22-80; effective thirtieth day thereafter (Register 80, No. 23).
3. Repealer of Article 4 (Sections 1250-1258) and new Article 4 (Sections 1250-1258) refiled 6-6-80 correcting typographical errors contained in 5-22-80 order; effective thirtieth day thereafter (Register 80, No. 23). 
§1251. Definitions.
Note     •     History

The following definitions apply to this Article unless the context requires otherwise.
Defined word or phrase
“Conductor” means connector, a wire, or a combination of wires, and/or any other appliance designed and manufactured for use in the transmission and distribution of electrical current.
“Connector” means a device approved for energized electrical connections.
“Duff” means partially decayed leaves, needles, grass or other organic material accumulated on the ground.
“Firebreak” means a natural or artificial barrier usually created by the removal or modification of vegetation and other flammable materials for the purpose of preventing spread of fire.
“Hot line tap or clamp connector” means a connector designed to be used with a Grip-All Clamp stick (Shotgun) for connecting equipment jumper or tap conductors to an energized main line or running connector.
“Outer Circumference” means the exterior surface of a pole or tree at ground level or a series of straight lines tangent to the exterior of the legs of a tower at ground level. (See Figure 1, this Article.)
“Self-supporting aerial cable” means an assembly of abrasion resistant insulated conductors supported by a messenger cable which is normally grounded, designed and manufactured to carry electrical current for installation on overhead pole lines or other similar overhead structures.
“Tree wire” means an insulated conductor covered with a high abrasion resistant, usually non-metallic, outer covering, designed and manufactured to carry electrical current for installation on overhead pole lines or other similar overhead structures.
NOTE

Authority cited: Sections 4292-4293, Public Resources Code. Reference: Sections 4292-4296, Public Resources Code.
HISTORY

1. Amendment filed 5-11-83; effective thirtieth day thereafter (Register 83, No. 20). 
2. Amendment filed 4-7-89; operative 5-7-89 (Register 89, No. 51).
3. Repealer of definition of “Agency” and amendment of definitions of “Conductor,” “Connector” and “Firebreak” filed 10-24-2005; operative 11-23-2005 (Register 2005, No. 43).
§1252. Areas Where PRC 4292-4296 Apply in State Responsibility Areas.
Note     •     History

The Director will apply PRC 4292-4296 in any mountainous land, forest covered land, brush covered land or grass covered land within State Responsibility Areas unless specifically exempted by 14 CCR 1255 and 1257.
NOTE

Authority cited: Sections 4292, 4293, Public Resources Code. Reference: Sections 4125-4128, 4292, 4293, Public Resources Code.
HISTORY

1. Amendment of section heading and section filed 10-24-2005; operative 11-23-2005 (Register 2005, No. 43).
§1252.1. Official Area Maps.
Note     •     History

The official maps of State Responsibility Areas defined in 14 CCR §1220 are available for viewing and copying during normal business hours at the California Department of Forestry and Fire Protection, 1416 Ninth Street, Sacramento, California, 95814, in the Fire Protection Section.
When, pursuant to PRC 4125-4128, the Board revises State Responsibility Area boundaries, the Director will forward a legal description of a boundary change(s) to the respective electric utility(s) serving the area(s).
NOTE

Authority cited: Sections 4292, 4293, Public Resources Code. Reference: Sections 4125-4128, 4292, 4293, Public Resources Code. 
HISTORY

1. Amendment filed 10-24-2005; operative 11-23-2005 (Register 2005, No. 43).
§1252.2. Boundary Location--Roads, Etc.
Note

Where the boundaries of areas described in 14 CAC 1252 are along roads, highways, streets, railroads, streams, canals or rivers, the actual boundary shall be the center-line of the course of such roads, highways, streets, railroads, streams, canals, and rivers.
NOTE

Authority cited: Sections 4292, 4293, Public Resources Code. Reference: Sections 4125-4128, 4292, 4293, Public Resources Code. 
§1252.3. Boundary Location--Section Lines, Etc.
Note

Where the boundaries of the area described in 14 CAC 1252 are on section, township or range lines, or on powerline rights-of-way, the poles, towers and conductors located thereon are within the area described.
NOTE

Authority cited: Sections 4292 and 4293, Public Resources Code. Reference: Sections 4125-4128, 4292 and 4293, Public Resources Code. 
§1253. Time When PRC 4292-4296 Apply.
Note     •     History

The minimum firebreak and clearance provisions of PRC 4292-4296 are applicable during the declared California Department of Forestry and Fire Protection fire season for a respective county. The Director shall post the declaration on the official Department web site.
NOTE

Authority cited: Sections 4292 and 4293, Public Resources Code. Reference: Sections 4125-4128, 4292 and 4293, Public Resources Code. 
HISTORY

1. Repealer and new section filed 10-24-2005; operative 11-23-2005 (Register 2005, No. 43).
§1254. Minimum Clearance Provisions--PRC 4292.
Note     •     History

The firebreak clearances required by PRC 4292 are applicable within an imaginary cylindroidal space surrounding each pole or tower on which a switch, fuse, transformer or lightning arrester is attached and surrounding each dead end or corner pole unless such pole or tower is exempt from minimum clearance requirements by provisions of 14 CCR 1255 or PRC 4296. The radius of the cylindroid is 3.1 m (10 feet) measured horizontally from the outer circumference of the specified pole or tower with height equal to the distance from the intersection of the imaginary vertical exterior surface of the cylindroid with the ground to an intersection with a horizontal plane passing through the highest point at which a conductor is attached to such pole or tower. (See Figure 2 this Article.) Flammable vegetation and materials located wholly or partially within the firebreak space shall be treated as follows:
(a) At ground level--remove flammable materials, including but not limited to, ground litter, duff and dead or desiccated vegetation that will allow fire to spread, and;
(b) From 0-2.4 m (0-8 feet) above ground level--remove flammable trash, debris or other materials, grass, herbacious and brush vegetation. All limbs and foliage of living trees shall be removed up to a height of 2.4 m (8 feet).
(c) From 2.4 m (8 feet) to horizontal plane of highest point of conductor attachment--remove dead, diseased or dying limbs and foliage from living sound trees and any dead, diseased or dying trees in their entirety.
NOTE

Authority cited: Section 4292, Public Resources Code. Reference: Section 4292, Public Resources Code.
HISTORY

1. Repealer of subsection (d) filed 5-11-83; effective thirtieth day thereafter (Register 83, No. 20). 
2. Amendment of first paragraph and subsection (a) filed 10-24-2005; operative 11-23-2005 (Register 2005, No. 43).
§1255. Exemptions to Minimum Clearance Provisions--PRC 4292.
Note     •     History

The minimum clearance provisions of PRC 4292 are not required around poles and towers, including line junction, corner and dead end poles and towers:
(a) Where all conductors are continuous over or through a pole or tower; or
(b) Where all conductors are not continuous over or through a pole or tower, provided, all conductors and subordinate equipment are of the types listed below and are properly installed and used for the purpose for which they were designed and manufactured;
(1) compression connectors,
(2) automatic connectors,
(3) parallel groove connectors,
(4) hot line tap or clamp connectors that were designed to absorb any expansion or contraction by applying spring tension on the main line or running conductor and tap connector,
(5) Fargo GA 300 series piercing connectors designed and manufactured for use with tree wire,
(6) flat plate connectors installed with not less than two bolts,
(7) tapered C-shaped member and wedge connectors,
(8) solid blade single phase bypass switches and solid blade single phase disconnect switches associated with circuit reclosers, sectionalizers and line regulators,
(9) equipment that is completely sealed and liquid-filled;
(10) current limiting non-expulsion fuses or
(c) On the following areas if fire will not propagate thereon;
(1) fields planted to row crops,
(2) plowed or cultivated fields,
(3) producing vineyards that are plowed or cultivated;
(4) fields in nonflammable summer fallow;
(5) irrigated pasture land;
(6) orchards of fruit, nut or citrus trees that are plowed or cultivated,
(7) Christmas tree farms that are plowed or cultivated; and
(8) swamp, marsh or bog land; or
(d) Where vegetation is maintained less than 30.48 cm (12 inches) in height, is fire resistant, and is planted and maintained for the specific purpose of preventing soil erosion and fire ignition.
NOTE

Authority cited: Section 4292, Public Resources Code. Reference: Section 4292, Public Resources Code.
HISTORY

1. Amendment filed 5-11-83; effective thirtieth day thereafter (Register 83, No. 20).
2. New subsection (b)(10) filed 4-7-89; operative 5-7-89 (Register 89, No. 15).
§1256. Minimum Clearance Provisions--PRC 4293.
Note     •     History

Minimum clearance required by PRC 4293 shall be maintained with the specified distances measured at a right angle to the conductor axis at any location outward throughout an arc of 360 degrees. (See Figure 3 this Article.)
Minimum clearance shall include:
(1) any position through which the conductor may move, considering, among other things, the size and material of the conductor and its span length;
(2) any position through which the vegetation may sway, considering, among other things, the climatic conditions, including such things as foreseeable wind velocities and temperature, and location, height and species of the vegetation.
NOTE

Authority cited: Section 4293, Public Resources Code. Reference: Sections 4293 and 4296, Public Resources Code.
HISTORY

1. Amendment filed 5-11-83; effective thirtieth day thereafter (Register 83, No. 20).
2. Amendment filed 10-24-2005; operative 11-23-2005 (Register 2005, No. 43).
§1257. Exempt Minimum Clearance Provisions--PRC 4293.
Note     •     History

(a) The minimum clearance provisions of PRC 4293 applicable in State Responsibility Areas are exempted:
(1) Where conductors are:
(A) insulated tree wire, maintained with the high density, abrasion resistant outer covering intact, or
(B) insulated self-supporting aerial cable, maintained with the insulation intact, or
(C) supported by sound and living tree trunks from which all dead or decadent branches have been removed.
(2) On areas described in 14 CCR 1255(c).
(3) For mature trees (“Exempt Trees”) whose trunks and major limbs are located more than six inches, but less than the distance required for clearance by PRC 4293, from primary distribution equipment (conductor and energy carrying hardware, generally less than 35 kilovolts). 
(A) Exempt Trees must meet all of the following criteria, as confirmed by a Certified Arborist or a Registered Professional Forester:
1. The tree or limb must be six (6) inches or more from the line at all times. 
2. The size of the tree or limb at the conductor level must be at least six (6) inches in diameter. 
3. The tree must not have “scaffold branches,” below eight and one-half feet from the ground (so the tree can not be easily climbed). 
(B) All Utility Companies with primary distribution conductors in State Responsibility Areas (SRA) of California shall: 
1. Inspect Exempt Trees annually to verify they continue to meet the criteria in 14 CCR 1257(a)(3). 
2. Maintain a database of information about Exempt Trees that includes 1) location, using the format of latitude/longitude in decimal degrees (DDD.DDDD Datum WGS84); 2) species; and 3) last date of inspection. If any Utility does not currently maintain such a database it must establish one and provide its initial report to CAL FIRE by July 1, 2013. Utilities may request, and the Director may approve, an extension of time in which to achieve compliance with this reporting requirement. 
3. Report the information required pursuant to 14 CCR 1257(a)(B)(2) above, in an electronically researchable format, annually to CAL FIRE by July 1 of each year for the previous calendar year. 
4. When constructing, installing, replacing, or maintaining primary distribution equipment, prevent the creation of new Exempt Trees, to the extent feasible. 
(C) Where there are site specific indications that a conductor has or will come into contact with an Exempt Tree, or portion thereof as described above, the condition will be corrected either by altering the tree or by applying an engineering solution. The actions taken will be documented in that utility's Exempt Tree database.
(b) These exemptions do not apply to “Hazard Trees” as identified and explained on pages 1-20 through 1-24 in the Department's “Powerline Fire Prevention Field Guide” dated November 2008 and posted on the Department's website at: http://cdfdata.fire.ca.gov/pub/fireplan/fpupload/fppguidepdf126.pdf. 
NOTE

Authority cited: Sections 4111 and 4293, Public Resources Code. Reference: Sections 4293 and 4296, Public Resources Code. 
HISTORY

1. Amendment filed 10-24-2005; operative 11-23-2005 (Register 2005, No. 43).
2. New subsection (a)(3) and amendment of Note filed 4-30-2007; operative 5-30-2007 (Register 2007, No. 18).
3. Amendment of subsection (a)(3) filed 11-26-2008; operative 12-26-2008 (Register 2008, No. 48).
4. Amendment of subsection (a)(3) filed 2-1-2010; operative 2-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 6). 
5. Repealer and new subsection (a)(3), new subsections (a)(3)(A)-(C) and amendment of subsection (b) filed 2-8-2012; operative 2-8-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 6). 
§1258. Tree Lines.
Note     •     History

When electric conductors and subordinate elements are fastened to living, sound trees, commonly referred to as tree lines, the requirements of PRC 4292 and 4293 shall apply the same as to a pole or tower line.
NOTE

Authority cited: Sections 4292 and 4293, Public Resources Code. Reference: Sections 4292, 4293, and 4296, Public Resources Code.
HISTORY

1. Editorial correction of printing error removing Figure 2 heading (Register 91, No. 32).
2. Repealer of Figure 2 and renumbering of figures filed 10-24-2005; operative 11-23-2005 (Register 2005, No. 43).

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Article 5. Standards for Cooperative Fire Protection Contracts During the Nonfire Season
§1260. General Standards.
Note     •     History

When considering potential cooperative fire protection contracts under Sections 4143-4144, PRC, the Director will be guided by the policy and procedure set forth below.
(a) The Board of Supervisors of each applicant county must submit a statement of fire protection need to the local Ranger-in-Charge that will include at least a map that delineates the area to be protected.
(b) All contracts that include engine company response will make provisions for 24-hour emergency command center operations.
NOTE

Authority cited: Section 4143, Public Resources Code. Reference: Sections 740, 4143 and 4144, Public Resources Code.
HISTORY

1. New Article 5 (Sections 1260-1262) filed6-14-82; effective thirtieth day thereafter (Register 82, No. 25).
§1261. Standards for Personnel Assignment and Cost Apportionment.
Note     •     History

(a) The assignment of personnel within the Unit for participation in cooperative fire protection programs pursuant to PRC 4143/4144 (Amador Program) will be determined after first assessing the needs of the Department's non-fire season work program. This assessment will include, but not be limited to, fire prevention inspections, facilities maintenance, vehicle maintenance, training programs and other Unit, Region or State mission assignments. Following this assessment, the Unit Chief will ensure sufficient staff, consistent with State-wide program policy, exists to carry out the department's non-fire season work program and that the striking force and efficiency of the Department in its primary mission of wildland fire protection, as well as response to major fires or other natural disasters, will not be reduced or impaired.
(b) Staffing for cooperative fire protection program engines pursuant to PRC 4143/4144 will be at levels that are mutually agreeable to all parties of the fire protection agreement. The minimum engine staffing for the non-fire season period is two persons for local agency mission responses and three persons for State mission responses. Local agency mission response means a response to the needs of the local cooperating agency which includes, but is not limited to, responses to structure, vehicle and vegetation fires; medical aids; public assistance; and traffic collisions. State mission response means a response to a State jurisdiction emergency incident.
(c) At the request of the contracting city, county, special district, other political subdivision of the state, or contracting person, firm, association, corporation (contracting entity), the Director may provide personnel for participation in cooperative fire protection programs pursuant to PRC 4143/4144. The contracting entity shall be apportioned the actual additional cost for assigned personnel, facilities, equipment, and operating expenses. These costs will be determined by the Director no later than April 15 of each year. For the purposes of this section, the Amador Period is defined as the period from the closure of declared fire season until the opening of declared fire season the following year. 
(d) The Director shall apportion actual additional costs as follows: 
(1) Minimum Engine Staffing: For two person engine company staffing, the contracting entity will provide funding for one person per engine per day and the Department will assign sufficient employees to meet the minimum two person staffing requirement. The contracting entity will provide funding for all unplanned overtime required to ensure 24-hour emergency response availability. 
(2) Additional Engine Company Staffing: Where it is mutually agreeable to have engine company staffing in excess of the minimum two person engine company, the contracting entity will provide funds for additional positions to meet the engine company staffing requirements. 
(3) Additional Operational Support Staff: Costs for Battalion Chiefs, Emergency Communications Center staff, fire prevention officers, and other non-engine staffing positions with significant commitment to the contracting entity as determined by the Unit Chief, shall be apportioned based on the following method. Significant commitment to the contracting entity means generally 8 hours or more per week in support of the local response mission: 
(A) For the non-fire season period, determine the average hours per month that State resources are committed to local agency mission responses using computer aided dispatch data using the following criteria: The analysis shall include responses of Department Amador Program resources on a Statewide basis, to establish a Statewide average hours of commitment. The analysis shall include responses made between December 1st through May 1st of the prior year's non-fire season period. For purposes of this analysis, local agency mission responses shall include all responses to all medical aid, traffic collision, rescue, public assistance, and all fires. For fires, local agency mission responses shall include all responses during the period beginning two weeks after the end of the declared fire season and ending two weeks before the next declared fire season period. 
(B) Apply (3) (A) above to applicable equipment and operational support staff base salary costs to determine the cost to apportion to the entity. 
(4) The local contracting entity shall be responsible for additional costs to the State such as unplanned overtime and operating costs including utilities, associated equipment, and communications associated with the local agency mission responses. Engine rental costs shall be apportioned based on the formula in 14 CCR 1261 (3) (A) and (B) using current rates for Fire Engines (1000 gallons or less per minute pump capacity) stated in the Federal Emergency Management Agency Schedule of Equipment Rates.
NOTE

Authority cited: Section 4143, Public Resources Code. References: Sections 740, 4143 and 4144, Public Resources Code. 
HISTORY

1. Amendment filed 8-11-2006; operative 9-10-2006 (Register 2006, No. 32).
§1262. Related Standards for Agreement Administration.
Note

(a) For purpose of Public Resources Code Section 4143(c), “replicate” means to replace, duplicate or copy a type or level of fire protection service within a community, the result of which would shift all or a portion of the costs of local responsibility fire prevention and suppression from the county to the state.
(b) The facilities and equipment used or occupied by the county will be a charge to the county. The charge for such use will be at a rate which reflects the increased costs to the State for nonfire season operations.
(c) The county will reimburse the state for sufficient personnel to continuously operate the ranger unit emergency command center. The cost will reflect the difference between the nonfire mission and fire mission rates.
NOTE

Authority cited: Section 4143, Public Resources Code. References: Sections 740, 4143 and 4144, Public Resources Code.
Subchapter 1. Fire Protection   (Reserved)
Subchapter 2. SRA Fire Safe Regulations
Article 1. Administration
§1270. Title.
Note     •     History

These regulations shall be known as the “SRA” Fire Safe Regulations,” and shall constitute the basic wildland fire protection standards of the California Board of Forestry.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4102, 4126, 4127 and 4290, Public Resources Code.
HISTORY

1. New subchapter 2 (sections 1270-1276.03, not consecutive) filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1270.01. Purpose.
Note     •     History

These regulations have been prepared and adopted for the purpose of establishing minimum wildfire protection standards in conjunction with building, construction and development in SRA. A local jurisdiction may petition the Board for certification pursuant to section 1270.03. Where Board certification has not been granted, these regulations shall become effective September 1, 1991. The future design and construction of structures, subdivisions and developments in State Responsibility Area (SRA) shall provide for basic emergency access and perimeter wildfire protection measures as specified in the following articles. These measures shall provide for emergency access; signing and building numbering; private water supply reserves for emergency fire use; and vegetation modification. The fire protection standards which follow shall specify the minimums for such measures.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1270.02. Scope.
Note     •     History

These regulations do not apply to existing structures, roads, streets and private lanes or facilities. These regulations shall apply as appropriate to all construction within SRA approved after January 1, 1991. Affected activities include but are not limited to:
(a) Permitting or approval of new parcels, excluding lot line adjustments as specified in Government Code (GC) section 66412(d),
(b) application for a building permit for new construction, not relating to an existing structure,
(c) application for a use permit,
(d) the siting of manufactured homes (manufactured homes are as defined by the National Fire Protection Association, National Fire Code, section 501A, Standard for Fire Safety Criteria for Manufactured Home Installations, Sites and Communities, chapter 1, section 1-2, Definitions, page 4, 1987 edition and Health and Safety Code sections 18007, 18008, and 19971).
(e) road construction, including construction of a road that does not currently exist, or extension of an existing road.
Exemption: Roads required as a condition of tentative parcel maps prior to the effective date of these regulations; roads for agricultural or mining use solely on one ownership; and roads used solely for the management and harvesting of wood products.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1270.03. Local Ordinances.
Note     •     History

Nothing contained in these regulations shall be considered as abrogating the provisions of any ordinance, rule or regulation of any state or local jurisdiction providing such ordinance, rule, regulation or general plan element is equal to or more stringent than these minimum standards. The Board may certify local ordinances as equaling or exceeding these regulations when they provide the same practical effect.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4117 and 4290, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1270.04. Provisions for Application of These Regulations.
Note     •     History

This subchapter shall be applied as follows:
(a) local jurisdictions shall provide the Director with notice of applications for building permits, tentative parcel maps, tentative maps, and use permits for construction or development within SRA.
(b) the Director shall review and make fire protection recommendations on applicable construction or development permits or maps provided by the local jurisdiction.
(c) the local jurisdiction shall ensure that the applicable sections of this subchapter become a condition of approval of any applicable construction or development permit or map.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27). 
§1270.05. Inspection Authority.
Note     •     History

(a) Inspection shall be made pursuant to section 1270.06 by:
(1) the Director, or
(2) local jurisdictions that have assumed state fire protection responsibility on SRA lands, or
(3) local jurisdictions where these regulations have been implemented through that jurisdiction's building permit or subdivision approval process.
(b) Reports of violations shall be provided to the CDF Ranger Unit headquarters that administers SRA fire protection in that county.
NOTE

Authority cited: Sections 4119 and 4290, Public Resources Code. Reference: Section 4290, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1270.06. Inspections.
Note     •     History

The inspection authority may inspect for compliance with these regulations. When inspections are conducted, they should occur prior to: the issuance of the use permit; certificate of occupancy; the recordation of the parcel map or final map; the filing of a notice of completion; or the final inspection of any project or building permit.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4119, 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1270.07. Exceptions to Standards.
Note     •     History

Upon request by the applicant, exceptions to standards within this subchapter and mitigated practices may be allowed by the inspection authority, where the exception provides the same overall practical effect as these regulations towards providing defensible space.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1270.08. Requests for Exceptions.
Note     •     History

Requests for an exception shall be made in writing to the inspection authority by the applicant or the applicant's authorized representative. The request shall state the specific section(s) for which an exception is requested, material facts supporting the contention of the applicant, the details of the exception or mitigating measure proposed, and a map showing the proposed location and siting of the exception or mitigation measure.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1270.09. Appeals.
Note     •     History

Where an exception is not granted by the inspection authority, the applicant may appeal such denial to the local jurisdiction. The local jurisdiction may establish or utilize an appeal process consistent with existing local building or planning department appeal processes.
Before the local jurisdiction makes a determination on an appeal, the inspection authority shall be consulted and shall provide to that local jurisdiction documentation outlining the effects of the requested exception on wildland fire protection.
If an appeal is granted, the local jurisdiction shall make findings that the decision meets the intent of providing defensible space consistent with these regulations. Such findings shall include a statement of reasons for the decision. A written copy of these findings shall be provided to the CDF Ranger Unit headquarters that administers SRA fire protection in that county.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1271.00. Definitions.
Note     •     History

Accessory building: Any building used as an accessory to residential, commercial, recreational, industrial, or educational purposes as defined in the California Building Code, 1989 Amendments, chapter 11, group M, division 1, Occupancy that requires a building permit.
Agriculture: Land used for agricultural purposes as defined in a local jurisdiction's zoning ordinances.
Building: Any structure used or intended for supporting or sheltering any use or occupancy that is defined in the California Building Code, 1989 Amendments, chapter 11, except group M, division 1, Occupancy. For the purposes of this subchapter, building includes mobile homes and manufactured homes, churches, and day care facilities.
CDF: California Department of Forestry and Fire Protection.
Dead-end road: A road that has only one point of vehicular ingress/egress, including cul-de-sacs and looped roads.
Defensible space: The area within the perimeter of a parcel, development, neighborhood or community where basic wildland fire protection practices and measures are implemented, providing the key point of defense from an approaching wildfire or defense against encroaching wildfires or escaping structure fires. The perimeter as used in this regulation is the area encompassing the parcel or parcels proposed for construction and/or development, excluding the physical structure itself. The area is characterized by the establishment and maintenance of emergency vehicle access, emergency water reserves, street names and building identification, and fuel modification measures.
Development: As defined in section 66418.1 of the California Government Code.
Director: Director of the Department of Forestry and Fire Protection or his/her designee.
Driveway: A vehicular access that serves no more than two buildings, with no more than 3 dwelling units on a single parcel, and any number of accessory buildings.
Dwelling unit: Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and/or sanitation for not more than one family.
Exception: An alternative to the specified standard requested by the applicant that may be necessary due to health, safety, environmental conditions, physical site limitations or other limiting conditions such as recorded historical sites, that provides mitigation of the problem.
Fire valve: see hydrant.
Fuel modification area: An area where the volume of flammable vegetation has been reduced, providing reduced fire intensity and duration.
Greenbelts: A facility or land-use, designed for a use other than fire protection, which will slow or resist the spread of a wildfire. Includes parking lots, irrigated or landscaped areas, golf courses, parks, playgrounds, maintained vineyards, orchards or annual crops that do not cure in the field.
Hammerhead/T: A roadway that provides a “T” shaped, three-point turnaround space for emergency equipment, being no narrower than the road that serves it.
Hydrant: A valved connection on a water supply/storage system, having at least one 2 1/2 inch outlet, with male American National Fire Hose Screw Threads (NH) used to supply fire apparatus and hoses with water.
Local Jurisdiction: Any county, city/county agency or department, or any locally authorized district that issues or approves building permits, use permits, tentative maps or tentative parcel maps, or has authority to regulate development and construction activity.
Occupancy: The purpose for which a building, or part thereof, is used or intended to be used.
One-way road: A minimum of one traffic lane width designed for traffic flow in one direction only.
Roads, streets, private lanes: Vehicular access to more than one parcel; access to any industrial or commercial occupancy; or vehicular access to a single parcel with more than two buildings or four or more dwelling units.
Roadway: Any surface designed, improved, or ordinarily used for vehicle travel.
Roadway structures: Bridges, culverts, and other appurtenant structures which supplement the roadway bed or shoulders.
Same Practical Effect: As used in this subchapter, means an exception or alternative with the capability of applying accepted wildland fire suppression strategies and tactics, and provisions for fire fighter safety, including;
(a) access for emergency wildland fire equipment,
(b) safe civilian evacuation,
(c) signing that avoids delays in emergency equipment response,
(d) available and accessible water to effectively attack wildfire or defend a structure from wildfire, and
(e) fuel modification sufficient for civilian and fire fighter safety.
Shoulder: Roadbed or surface adjacent to the traffic lane.
State Board of Forestry (SBOF): A nine member board, appointed by the Governor, which is responsible for developing the general forest policy of the state, for determining the guidance policies of the Department of Forestry and Fire Protection, and for representing the state's interest in federal land in California.
State Responsibility Area (SRA): As defined in Public Resources Code sections 4126-4127; and the California Code of Regulations, title 14, division 1.5, chapter 7, article 1, sections 1220-1220.5.
Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
Subdivision: As defined in section 66424 of the Government Code.
Traffic lane: The portion of a roadway that provides a single line of vehicle travel.
Turnaround: A roadway, unobstructed by parking, which allows for a safe opposite change of direction for emergency equipment. Design of such area may be a hammerhead/T or terminus bulb.
Turnouts: A widening in a roadway to allow vehicles to pass.
Vertical clearance: The minimum specified height of a bridge or overhead projection above the roadway.
Wildfire: As defined in Public Resources Code sections 4103 and 4104.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1271.05. Distance Measurements.
Note     •     History

All specified or referenced distances are measured along the ground, unless otherwise stated.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1272.00. Maintenance of Defensible Space Measures.
Note     •     History

To ensure continued maintenance of properties in conformance with these standards and measures and to assure continued availability, access, and utilization of the defensible space provided for in these standards during a wildfire, provisions for annual maintenance shall be included in the development plans and/or shall be provided as a condition of the permit, parcel or map approval.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
Article 2. Emergency Access
§1273.00. Intent.
Note     •     History

Road and street networks, whether public or private, unless exempted under section 1270.02(e), shall provide for safe access for emergency wildland fire equipment and civilian evacuation concurrently, and shall provide unobstructed traffic circulation during a wildfire emergency consistent with sections 1273.00 through 1273.11.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1273.01. Road Width.
Note     •     History

All roads shall be constructed to provide a minimum of two nine-foot traffic lanes providing two-way traffic flow, unless other standards are provided in this article, or additional requirements are mandated by local jurisdictions or local subdivision requirements.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1273.02. Roadway Surface.
Note     •     History

The surface shall provide unobstructed access to conventional drive vehicles, including sedans and fire engines. Surfaces should be established in conformance with local ordinances, and be capable of supporting a 40,000 pound load.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1273.03. Roadway Grades.
Note     •     History

The grade for all roads, streets, private lanes and driveways shall not exceed 16 percent.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1273.04. Roadway Radius.
Note     •     History

(a) No roadway shall have a horizontal inside radius of curvature of less than 50 feet and additional surface width of 4 feet shall be added to curves of 50-100 feet radius; 2 feet to those from 100-200 feet.
(b) The length of vertical curves in roadways, exclusive of gutters, ditches, and drainage structures designed to hold or divert water, shall be not less than 100 feet.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1273.05. Roadway Turnarounds.
Note     •     History

Turnarounds are required on driveways and dead-end roads as specified in this article. The minimum turning radius for a turnaround shall be 40 feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of 60 feet in length.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1273.06. Roadway Turnouts.
Note     •     History

Turnouts shall be a minimum of 10 feet wide and 30 feet long with a minimum 25 foot taper on each end.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1273.07. Roadway Structures.
Note     •     History

(a) All driveway, road, street, and private lane roadway structures shall be constructed to carry at least the maximum load and provide the minimum vertical clearance as required by Vehicle Code sections 35550, 35750, and 35250.
(b) Appropriate signing, including but not limited to weight or vertical clearance limitations, one-way road or single lane conditions, shall reflect the capability of each bridge.
(c) A bridge with only one traffic lane may be authorized by the local jurisdiction; however, it shall provide for unobstructed visibility from one end to the other and turnouts at both ends.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1273.08. One-Way Roads.
Note     •     History

All one-way roads shall be constructed to provide a minimum of one 10-foot traffic lane. The local jurisdiction may approve one-way roads. All one-way roads shall connect to a two-lane roadway at both ends, and shall provide access to an area currently zoned for no more than 10 dwelling units. In no case shall it exceed 2640 feet in length. A turnout shall be placed and constructed at approximately the midpoint of each one-way road.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1273.09. Dead-End Roads.
Note     •     History

(a) The maximum length of a dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed the following cumulative lengths, regardless of the number of parcels served:
parcels zoned for less than one acre - 800 feet
parcels zoned for 1 acre to 4.99 acres - 1320 feet
parcels zoned for 5 acres to 19.99 acres - 2640 feet
parcels zoned for 20 acres or larger - 5280 feet
All lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its farthest point. Where a dead-end road crosses areas of differing zoned parcel sizes, requiring different length limits, the shortest allowable length shall apply.
(b) Where parcels are zoned 5 acres or larger, turnarounds shall be provided at a maximum of 1320 foot intervals.
(c) Each dead-end road shall have a turnaround constructed at its terminus.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1273.10. Driveways.
Note     •     History

All driveways shall provide a minimum 10 foot traffic lane and unobstructed vertical clearance of 15 feet along its entire length.
(a) Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart.
(b) A turnaround shall be provided at all building sites on driveways over 300 feet in length, and shall be within 50 feet of the building.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1273.11. Gate Entrances.
Note     •     History

(a) Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate.
(b) All gates providing access from a road to a driveway shall be located at least 30 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on that road.
(c) Where a one-way road with a single traffic lane provides access to a gated entrance, a 40 foot turning radius shall be used.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
Article 3. Signing and Building Numbering
§1274.00. Intent.
Note     •     History

To facilitate locating a fire and to avoid delays in response, all newly constructed or approved roads, street, and buildings shall be designated by names or numbers, posted on signs clearly visible and legible from the roadway. This section shall not restrict the size of letters or numbers appearing on street signs for other purposes.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1274.01. Size of Letters, Numbers and Symbols for Street and Road Signs.
Note     •     History

Size of letters, numbers, and symbols for street and road signs shall be a minimum 3 inch letter height, 3/8 inch stroke, reflectorized, contrasting with the background color of the sign.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1274.02. Visibility and Legibility of Street and Road Signs.
Note     •     History

Street and road signs shall be visible and legible from both directions of vehicle travel for a distance of at least 100 feet.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1274.03. Height of Street and Road Signs.
Note     •     History

Height of street and road signs shall be uniform county wide, and meet the visibility and legibility standards of this article.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1274.04. Names and Numbers on Street and Road Signs.
Note     •     History

Newly constructed or approved public and private roads and streets must be identified by a name or number through a consistent countywide system that provides for sequenced or patterned numbering and/or non-duplicating naming within each county. All signs shall be mounted and oriented in a uniform manner. This section does not require any entity to rename or renumber existing roads or streets, nor shall a roadway providing access only to a single commercial or industrial occupancy require naming or numbering.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1274.05. Intersecting Roads, Streets and Private Lanes.
Note     •     History

Signs required by this article identifying intersecting roads, streets and private lanes shall be placed at the intersection of those roads, streets, and/or private lanes.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1274.06. Signs Identifying Traffic Access Limitations.
Note     •     History

A sign identifying traffic access or flow limitations, including but not limited to weight or vertical clearance limitations, dead-end road, one-way road or single lane conditions, shall be placed:
(a) at the intersection preceding the traffic access limitation, and
(b) no more than 100 feet before such traffic access limitation.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1274.07. Installation of Road, Street and Private Lane Signs.
Note     •     History

Road, street and private lane signs required by this article shall be installed prior to final acceptance by the local jurisdiction of road improvements.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1274.08. Addresses for Buildings.
Note     •     History

All buildings shall be issued an address by the local jurisdiction which conforms to that jurisdiction's overall address system. Accessory buildings will not be required to have a separate address; however, each dwelling unit within a building shall be separately identified.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1274.09. Size of Letters, Numbers and Symbols for Addresses.
Note     •     History

Size of letters, numbers and symbols for addresses shall be a minimum 3 inch letter height, 3/8 inch stroke, reflectorized, contrasting with the background color of the sign.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1274.10. Installation, Location and Visibility of Addresses.
Note     •     History

(a) All buildings shall have a permanently posted address, which shall be placed at each driveway entrance and visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located.
(b) Address signs along one-way roads shall be visible from both the intended direction of travel and the opposite direction.
(c) Where multiple addresses are required at a single driveway, they shall be mounted on a single post.
(d) Where a roadway provides access solely to a single commercial or industrial business, the address sign shall be placed at the nearest road intersection providing access to that site.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
Article 4. Emergency Water Standards
§1275.00. Intent.
Note     •     History

Emergency water for wildfire protection shall be available and accessible in quantities and locations specified in the statute and these regulations, in order to attack a wildfire or defend property from a wildfire.
Such emergency water may be provided in a fire agency mobile water tender, or naturally occurring or manmade containment structure, as long as the specified quantity is immediately available.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1275.01. Application.
Note     •     History

The provisions of this article shall apply when new parcels are approved by a local jurisdiction. The emergency water system shall be available on-site prior to the completion of road construction, where a community water system is approved, or prior to the completion of building construction, where an individual system is approved.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1275.10. General Standards.
Note     •     History

Water systems that meet or exceed the standards specified in Public Utilities Commission of California (PUC) revised General Order #103, Adopted June 12, 1956 (Corrected September 7, 1983, Decision 83-09-001), section VIII Fire Protection Standards and other applicable sections relating to fire protection water delivery systems, static water systems equaling or exceeding the National Fire Protection Association (NFPA) Standard 1231, “Standard on Water Supplies for Suburban and Rural Fire Fighting,” 1989 Edition, or mobile water systems that meet the Insurance Services Office (ISO) Rural Class 8, 2nd Edition 3-80, standard shall be accepted as meeting the requirements of this article. These documents are available at CDF Ranger Unit Headquarters.
Nothing in this article prohibits the combined storage of emergency wildfire and structural firefighting water supplies unless so prohibited by local ordinance or specified by the local fire agency.
Where freeze protection is required by local jurisdictions, such protection measures shall be provided.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1275.15. Hydrant/Fire Valve.
Note     •     History

(a) The hydrant or fire valve shall be 18 inches above grade, 8 feet from flammable vegetation, no closer than 4 feet nor farther than 12 feet from a roadway, and in a location where fire apparatus using it will not block the roadway.
The hydrant serving any building shall:
(1) be not less than 50 feet nor more than 1/2 mile by road from the building it is to serve, and
(2) be located at a turnout or turnaround, along the driveway to that building or along the road that intersects with that driveway.
(b) The hydrant head shall be brass with 2 1/2 inch National Hose male thread with cap for pressure and gravity flow systems and 4 1/2 inch draft systems. Such hydrants shall be wet or dry barrel as required by the delivery system. They shall have suitable crash protection as required by the local jurisdiction.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1275.20. Signing of Water Sources.
Note     •     History

Each hydrant/fire valve or access to water shall be identified as follows:
(a) if located along a driveway, a reflectorized blue marker, with a minimum dimension of 3 inches shall be located on the driveway address sign and mounted on a fire retardant post, or
(b) if located along a street or road,
(1) a reflectorized blue marker, with a minimum dimension of 3 inches, shall be mounted on a fire retardant post. The sign post shall be within 3 feet of said hydrant/fire valve, with the sign no less than 3 feet nor greater than 5 feet above ground, in a horizontal position and visible from the driveway, or
(2) as specified in the State Fire Marshal's Guidelines for Fire Hydrant Markings Along State Highways and Freeways, May 1988.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
Article 5. Fuel Modification Standards
§1276.00. Intent.
Note     •     History

To reduce the intensity of a wildfire by reducing the volume and density of flammable vegetation, the strategic siting of fuel modification and greenbelts shall provide
(1) increased safety for emergency fire equipment and evacuating civilians; and
(2) a point of attack or defense from a wildfire.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1276.01. Setback for Structure Defensible Space.
Note     •     History

(a) All parcels 1 acre and larger shall provide a minimum 30 foot setback for buildings and accessory buildings from all property lines and/or the center of a road.
(b) For parcels less than 1 acre, local jurisdictions shall provide for the same practical effect.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1276.02. Disposal of Flammable Vegetation and Fuels.
Note     •     History

Disposal, including chipping, burying, burning or removal to a landfill site approved by the local jurisdiction, of flammable vegetation and fuels caused by site development and construction, road and driveway construction, and fuel modification shall be completed prior to completion of road construction or final inspection of a building permit.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1276.03. Greenbelts.
Note     •     History

Subdivisions and other developments, which propose greenbelts as a part of the development plan, shall locate said greenbelts strategically, as a separation between wildland fuels and structures. The locations shall be approved by the inspection authority.
NOTE

Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.
HISTORY

1. New section filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
Subchapter 3. Fire Hazard
Article 1. Fire Hazard Severity
§1280. Fire Hazard Severity Zones.
Note     •     History

The fire hazard severity zones and the rating reflecting the degree of severity of fire hazard that is expected to prevail in those zones, shall be designated by the Director and delineated on a series of maps on file in the Sacramento Office of the Department of Forestry and Fire Protection, Fire and Resources Assessment Program, 1300 U St. The official maps are also filed electronically on the Department's internet web site, www.fire.ca.gov/wildlands_zones_maps.php. The maps are entitled “Fire Hazard Severity Zones in [State Responsibility Area] SRA,” dated November 7, 2007, and are incorporated by reference.
NOTE

Authority cited: Sections 4202, 4203 and 4204, Public Resources Code. Reference: Sections 4201, 4202, 4203 and 4204, Public Resources Code.
HISTORY

1. New article 6 (section 1280) filed 3-12-85; effective thirtieth day thereafter (Register 85, No. 11).
2. New subchapter 3 heading and renumbering of article 6 to article 1 filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
3. Amendment of section and Note filed 12-28-2007; operative 1-1-2008 pursuant to Government Code section 11343.4 (Register 2007, No. 52).
Article 2. Fire Hazard Reduction Standard for Railroad Right-of-Way
§1290. Application.
Note     •     History

The provisions of this Article shall apply within railroad rights-of-way on forest, brush, and grass covered land throughout the state, annually commencing and ending on the dates set forth in 14 California Code of Regulations 1253 by geographic areas.
NOTE

Authority cited: Sections 4201-4204, Public Resources Code. Reference: Sections 4201-4204, Public Resources Code.
HISTORY

1. New section filed 1-22-88; operative 2-21-88 (Register 88, No. 6).
2. Renumbering article 7 to article 2 filed 5-30-91; operative 5-30-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 27).
§1291. Fire Protection Agreements.
Note     •     History

Nothing contained in these regulations shall preempt any order or agreement in effect on the date of adoption of these regulations between an agency responsible for fire protection and an operator, so long as that order or agreement is not in conflict with the regulations contained in this article and is equivalent to or more restrictive than these regulations.
NOTE

Authority cited: Section 4296.5, Public Resources Code. Reference: Section 4296.5, Public Resources Code. 
HISTORY

1. New section filed 1-22-88; operative 2-21-88 (Register 88, No. 6).
§1292. Definitions.
Note     •     History

The following definitions shall apply to this article unless the context clearly requires otherwise:
(a) “Agency Having Primary Responsibility for Fire Protection” means any public agency of the federal, state, county, city, city and county, or district government which is the primary agency responsible directly or through contract for fire prevention and suppression on lands within the jurisdiction of that agency.
(b) “Authorized Agent” means any employee of an agency having primary responsibility for fire protection who is authorized to enforce the state's Forest and Fire Laws.
(c) “Distance” shall in all cases herein mean horizontal distance and not slope distance.
(d) “Fire Hazard” means a condition resulting from a combination of factors of ease of ignition, heat yield, and rate of fire spread as influenced by particular vegetation and other flammable materials, weather and slope.
(e) “Flammable Material” shall include, but is not limited to, chips; sawdust; coal; leaves; needles; duff and other dead and desiccated vegetation; and ties which are rotten on exposed surfaces or excessively splintered to the extent they will readily ignite and propagate fire.
“Flammable Material” shall not include:
(1) wooden poles or towers and crossarms supporting switching circuits or other electrical power or communication conductors not subject to PRC 4292 or 4293;
(2) wooden ties except as provided above;
(3) wooden components of trestles, tunnels, and other structures;
(4) living trees, shrubs, and brush, provided that any dead and desiccated portions are removed so that such living trees, shrubs and brush are not easily ignited or able to propagate fire.
(f) “Forest-, Brush-, and Grass-Covered Land” means lands covered wholly or in part by timber (trees), brush (shrubs), grass (including grain) or other natural vegetation. Cultivated agricultural lands planted to crops other than grain are not included.
(g) “Operator” means the person or entity responsible for maintenance of the railroad right-of-way.
(h) “Order” means a written mandate issued by an authorized agent of a public agency having primary responsibility for fire prevention hazard reduction of the area to destroy, remove or modify any vegetation or other flammable material in order to reduce or eliminate an existing fire hazard on the railroad right-of-way, pursuant to this Article.
(i) “Railroad-Caused Fire” means those preventable fires resulting from operations upon railroad rights-of-way. May not include unpreventable fires such as caused by wrecks, bombs or natural causes (i.e. lightning).
(j) “Right-of-Way” means the strip of land, outside of yard limits, owned or controlled by the person or entity operating the railroad for a distance not exceeding 100 feet or to the property boundary measured at right angles to the axis of the rail at any given location. The distance shall be measured from the outermost rail on both sides of the mainline or mainlines, on sidings, and also includes intervening strips between sidings and mainlines.
(k) “Towpath” means a narrow strip of right-of-way adjacent to each side of ballast which is commonly referred to as the walkway and is normally kept clear for personnel safety and is not less than six feet from outside rail to outer edge.
NOTE

Authority cited: Section 4296.5, Public Resources Code. Reference: Section 4296.5, Public Resources Code.
HISTORY

1. New section filed 1-22-88; operative 2-21-88 (Register 88, No. 6).
§1293. Minimum Standards.
Note     •     History

Railroad rights-of-way shall be maintained in accordance with the following minimum fire hazard reduction standards:
(a) Area within ten (10) feet of outside rail, including ballast and towpath. The area must be kept clear of flammable material that by its physical arrangement or its accumulation is likely to contribute to the propagation of railroad-caused fires.
(b) Area within twenty-five (25) feet of outside of rail, including ballast and towpath. The minimum 10 foot standard will be extended to 25 feet if such an area has experienced one (1) or more preventable railroad-caused fire(s) in the previous five (5) years. An identified fire start area shall be maintained free of accumulation up to 25 feet as specified for 1/4 mile linear distance on either side of the fire start area and along both sides of the rail track.
(c) Culverts (Conduits) located on right-of-way. Inlet and outlet portals of culverts located within a distance of 25 feet from an outside rail must be kept clear of flammable material for a distance not less than five (5) feet.
(d) Tunnel portals. These areas must be kept clear of all flammable materials, not an integral part of such tunnel portals, for a minimum distance of 30-feet.
NOTE

Authority cited: Section 4296.5, Public Resources Code. Reference: Section 4296.5, Public Resources Code.
HISTORY

1. New section filed 1-22-88; operative 2-21-88 (Register 88, No. 6).
§1294. Compliance Order.
Note

When an inspection by an authorized agent reveals noncompliance of these minimum standards, an order shall be issued detailing abatement requirements as provided in Section 1295.
NOTE

Authority cited: Section 4296.5, Public Resources Code. Reference: Section 4296.5, Public Resources Code. 
§1295. Order Format.
Note     •     History

An order to destroy, remove or modify vegetation or other flammable material, pursuant to P.R.C. 4296.5 shall be made substantially in the following format: (Name, Address and Telephone Number of Director's Agent or Agency having Primary responsibility for Fire Protection)

ORDER TO ABATE FIRE HAZARDS
WITHIN RAILROAD RIGHT-OF-WAY

(Name and Address of Railroad Operator)

You are hereby ordered, pursuant to the provision of Section 4296.5 of the California Public Resources Code and in accordance with the provisions of Section 1290 through 1294 of Title 14, California Administrative Code, to abate (clearly describe the vegetation and/or other flammable materials to be abated.

Describe so that the area is clearly defined by width, which side of track or both and location by mile post and/or other identifiable landmark or physical feature).

Said hazard abatement is to be completed on or before___________________________.

Failure to comply with the provision of this order is misdemeanor as provided by Section 4021 of the California Public Resources Code.

Signature of Authorized
Agent or Representative_________________________
Title________________________________________________________
Date________________________________________________________
At____________________________________________________________
NOTE

Authority cited: Section 4296.5, Public Resources Code. Reference: Section 4296.5, Public Resources Code. 
HISTORY

1. New section filed 1-22-88; operative 2-21-88 (Register 88, No. 6).
Article 3. Fire Hazard Reduction Around Buildings and Structures
§1299. Defensible Space.
Note     •     History

The intent of this regulation is to provide guidance for implementation of Public Resources Code 4291(a) and (b), and minimize the spread of fire within a 100 foot zone around a building or structure.
(a) A person that owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining any mountainous area, forest-covered lands, brush-covered lands, grass-covered lands, or any land that is covered with flammable material, and is within State Responsibility Area, shall do the following:
(1) Within 30 feet from each building or structure maintain a firebreak by removing and clearing away all flammable vegetation and other combustible growth pursuant to PRC §4291(a). Single specimens of trees or other vegetation may be retained provided they are well-spaced, well-pruned, and create a condition that avoids spread of fire to other vegetation or to a building or structure.
(2) Within the 30 feet to 100 feet zone (Reduced Fuel Zone) from each building or structure (or to the property line, whichever is nearer to the structure), provide a fuelbreak by disrupting the vertical and/or horizontal continuity of flammable and combustible vegetation with the goal of reducing fire intensity, inhibiting fire in the crowns of trees, reducing the rate of fire spread, and providing a safer environment for firefighters to suppress wildfire pursuant to PRC §4291(b).
(b) Any vegetation fuels identified as a fire hazard by the fire inspection official of the authority having jurisdiction shall be removed or modified provided it is required by subsection (a)(1) & (a)(2).
(c) Within the intent of the regulations, the fire inspection official of the authority having jurisdiction may approve alternative practices which provide for the same practical effects as the stated guidelines.
(d) Guidance for implementation of this regulation is contained in the publication: “General Guidelines for Creating Defensible Space” as published by the Board of Forestry and Fire Protection by resolution adopted on February 8, 2006.
NOTE

Authority cited: Sections 4102, 4125-4128 and 4291, Public Resources Code. Reference: Section 4291, Public Resources Code.
HISTORY

1. New article 3 (section 1299) and section filed 5-8-2006; operative 6-7-2006 (Register 2006, No. 19).
Chapter 8. Forest Products, Wood Waste or Residue Disposal*

* Formerly Subchapter 7.5 of Chapter 2, Division 2, Title 14, Cal. Adm. Code. 
Article 1. Scope
§1300. Scope.
Note     •     History

The provisions of this chapter apply to fire safety precautions for eliminating the potential of fire resulting from spontaneous combustion, other ignition sources, or wildfire escaping the forest product waste or residue storage, use, or disposal area.
NOTE

Authority cited: Section 4437, Public Resources Code. Reference: Section 4437, Public Resources Code.
HISTORY

1. Repealer of Chapter 8 (Sections 1300-1336, not consecutive) and new Chapter 8 (Sections 1300-1336, not consecutive) filed 11-2-78; effective thirtieth day thereafter (Register 78, No. 44). For former history of Chapter 8, see Registers 77, No. 14; 78, No. 20.
2. Repealer of Chapter 8 (Sections 1300-1336, not consecutive) and renumbering and amendment of former Section 1311 to Section 1300, former Section 1318 to Section 1301, and former Section 1335 to Section 1302 filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
Article 2. Methods of Disposal
§1301. Methods of Disposal.
Note     •     History

NOTE

Authority cited: Section 4437, Public Resources Code. Reference: Sections 4414.5, 4437, 4438, 4439 and 4440, Public Resources Code.
HISTORY

1. Repealer of article 2 (section 1301) and section filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
Article 3. Fire Safety Precautions
§1302. Roads and Access.
Note

Access to active fill disposal sites shall be by a road suitable for fire equipment at any time of the year.
NOTE

Authority cited: Section 4437, Public Resource Code. Reference: Sections 4437, 4438, 4439 and 4440, Public Resources Code. 
Chapter 9. State Forests--Use and Sales*

* Formerly Subchapters 8, 9 and 9.1 of Chapter 2, Division 2, Title 14, Cal. Adm. Code.
Subchapter 1. Recreational Use
Article 1. Abbreviations and Definitions
§1400. Abbreviations.
Note     •     History

The following abbreviations are applicable throughout this Chapter.
(a) B&M Baseline and Meridian reference lines running in true EW and NS directions used in U.S. General Land Survey
(b) CAC: California Administrative Code
(c) cm: Centimeter(s)
(d) E: true cardinal direction East
(e) ha: hectare(s)
(f) m: meter(s)
(g) MD: Mount Diablo (used in combination with B&M)
(h) N: true cardinal direction North
(i) PRC: Public Resources Code
(j) R: Range: a row of townships, six miles in width, between two successive meridian lines of the U.S. General Land Survey
(k) S: true cardinal direction South
(l) Sec.: Section
(m) T: Township: a tier of ranges, six miles in length between two successive standard parallels as used in the U.S. General Land Survey
(n) W: true cardinal direction West.
NOTE

Authority cited: Section 4656.1, Public Resources Code. Reference: Section 4656.1, Public Resources Code.
HISTORY

1. Redesignation of Chapter 7 (Sections 1400-1521, not consecutive) to Chapter 9 (Sections 1400-1521, not consecutive) filed 5-19-78 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20). For prior history, see Registers 77, No. 14; 70, No. 43; and 69, Nos. 15, 22 and 25.
2. Repealer of Chapter 9 (Sections 1400-1521, not consecutive) and new Chapter 9 (Sections 1400-1521, not consecutive) filed 8-3-78; effective thirtieth day thereafter. Issuing agency: Board of Forestry (Register 78, No. 31).
3. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).
§1400.5. Definitions.
Note     •     History

The following definitions are applicable throughout Chapter 9 unless the context clearly requires otherwise.
(a) “Affiliate” means the purchaser's subsidiary, parent company, joint venture partner, entity, being a portion of the conglomerate of which the purchaser is a unit, or other entity under the purchaser's indirect control.
(b) “Board” means the California State Board of Forestry.
(c) “Campfire” means a fire used by one or more persons while camping, picnicking, recreating or working on state forest land, to provide any one or combination of the following: heat for cooking, heat for personal warmth, light and for ceremonial or aesthetic purposes. “Campfire” includes open fires and those fires contained within fireplaces and enclosed stoves with flues or chimneys, stoves using pressurized liquid or gaseous fluids, portable barbecue pits and braziers or space heating devices which are used outside any structure, trailer house or living accommodations mounted on a motor vehicle.
(d) “Camping” or camp means erecting a tent or shelter or arranging bedding or both, for the purpose of, or in such a way as will permit, remaining overnight; or occupying an established campsite with a camper vehicle or camping equipment for the purpose of reserving the use of such campsite. The term also includes parking a camper vehicle or trailer and spending the night within, or within close proximity of said camper vehicle or trailer.
(e) “Designated camping area” means a location designated by the state forest manager as a camping area and marked by authorized signs to that effect. Unless otherwise delineated by fences or signs, a “designated camping area” shall include only the area developed for camping and provided with fireplaces or tables or both, and shall not include any adjacent areas not so developed for camping.
(f) “Department” means the California Department of Forestry.
(g) “Director” means the Director of Forestry.
(h) “Person” means and includes natural persons, firms, copartnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves, by agent, servant, or employee.
(i) “Purchaser” means that person, company or entity who was the successful bidder, buyer, transferee or successor of state timber.
(j) “State forest” or forest means any portion of the state forest system administered by the Director.
(k) “State forest licensee” means any person authorized by a state forest manager or the superiors thereof, to engage in any of the following activities within a state forest:
(1) operate concessions serving the public,
(2) plant, protect, harvest or remove timber, other forest products or minerals,
(3) conduct experiments or otherwise engage in research or educational activity,
(4) or any other activity not listed above with written permission of the Director.
(l) “State forest manager” means the state forest officer appointed by the Director to supervise the management and administration of a state forest or in the state forest manager's absence, the person designated by a state forest manager to act during his or her absence.
(m) “State forest officer” means employees of the Department of Forestry as designated by the Director, or such other persons as may be designated by the Director.
(n) “State timber” means any or all trees, logs or wood products from state-owned forests, which have not received primary manufacture to a size sawn on 4 sides to dimensions of 4 inches by 12 inches (10.2 cm by 30.5 cm), or less.
(o) “Substitution” means the replacing of state timber for unprocessed timber which, directly or indirectly, was exported to a foreign country from private lands owned or controlled by the purchaser within California in an area 200 miles (321.8 km) or less from the nearest boundary line of the state timber sale area from which state timber was removed. The distance will be determined via the shortest route of either public roads, railroads, or water route customarily used to transport forest products.
NOTE

Authority cited: Section 4656.1, Public Resources Code. Reference: Section 4656.1, Public Resources Code.
HISTORY

1. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6). 
Article 2. Camping Area Use
§1401. Camping Area.

Camping in state forests is restricted to designated camping areas. No person shall camp outside of a designated camping area unless that person or someone in attendance has in their possession a valid state forest campfire and special use permit. Failure to comply with the terms and conditions set forth on said permit shall render it invalid for purposes of this Section. 
§1402. Campfire Permits.

(a) No person shall prepare, ignite, maintain or use a campfire in any place other than a designated camping area unless that person or someone in attendance has in their possession a valid state forest campfire and special use permit. Failure to comply with the terms and conditions set forth on said permit shall render it invalid for purposes of this Section.
(b) No person shall prepare or ignite a campfire which is or will be unreasonably large and/or dangerous to the surrounding land, or maintain such a fire after having been ordered by a state forest officer to reduce or extinguish it.
(c) No person shall leave a campfire ignited, maintained or used by that person unattended. 
§1403. Occupancy Time Limits.
Note     •     History

No person shall camp within any one state forest more than 14 days in any single visitation. Consistent with Section 4455 of Title 14, California Code of Regulation, General Occupancy by the same persons, equipment, or vehicles of any camping facility is limited to a total of 30 days in any calendar year in that State Forest. Exceptions may be granted by the state forest manger to persons engaged in official state business.
NOTE

Authority cited: Section 4656.1, Public Resources Code. Reference: Sections 4643, 4645, 4646 and 4656.2, Public Resources Code.
HISTORY

1. Amendment filed 2-18-88; operative 3-19-88 (Register 88, No. 9). 
§1404. Reservations.

Individual campsites may not be reserved. The term “reserved” includes, but is not limited to, calling or writing in advance to obtain a campsite, a person occupying one or more campsites temporarily until another party arrives, placing camping equipment in a campsite prior to actual occupancy by another party, or other means of obtaining a campsite for a person or persons not actually present in the state forest. 
§1405. Conduct.

No person shall use threatening, abusive, boisterous, insulting or indecent language or make any indecent gesture in a state forest at such times and in such locations as to disturb other persons; nor shall any person conduct or participate in a disorderly assemblage. Clothing sufficient to conform to common standards of decency shall be worn at all times when the wearer is subject to public view. 
§1406. Assembly.
Note     •     History

No person shall conduct a public assembly or demonstration except on permission of the state forest manager upon finding that the time, place and manner of such activity would not substantially interfere with the use of the state forest by the general public in the applicable area.
NOTE

Authority cited: Section 4656.1, Public Resources Code. Reference: Sections 4656.1 and 4656.2, Public Resources Code.
HISTORY

1. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6). 
Article 3. General Restrictions
§1410. Nuisance.

No person shall erect any structure on or allow a campsite occupied by that person to become littered with refuse. 
§1411. Equipment.

No person shall occupy a site with camping equipment or vehicles prohibited by the state forest manager. 
§1412. Noise.
Note     •     History

No person shall create noise which disturbs others in sleeping quarters or in campgrounds within a state forest between the hours of 11 p.m. and 6 a.m. daily. No person shall, at any time, use electronic equipment (other than that used in forest operations) including electrical speakers, radios, phonographs, or televisions which produces a sound that can be heard at more than 100 feet from the source.
NOTE

Authority cited: Section 4656.1, Public Resources Code. Reference: Sections 4656.1 and 4656.2, Public Resources Code.
HISTORY

1. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).
§1413. Weapons.

(a) No person shall discharge any firearm, air or gas weapon, or bow and arrow in the vicinity of camps, residence sites, recreation grounds and areas, and over lakes or other bodies of water adjacent to or within such areas, whereby any person is exposed to injury as a result of such discharge.
(b) Without limiting the foregoing, no person shall discharge any of the above named weapons or any other weapon while within 150 yards (137.20 m) of any designated camping area.
§1414. Soliciting.
Note     •     History

No person shall sell or offer for sale any goods or services within a state forest unless licensed by the state forest manager.
NOTE

Authority cited: Section 4656.1, Public Resources Code. Reference: Sections 4656.1 and 4656.2, Public Resources Code.
HISTORY

1. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).
§1415. Firewood.

Campers, picnickers and other recreational users may gather dead wood lying on the ground for use within the state forest. No person shall remove firewood or other forest products from any state forest without the written consent of the state forest manager. 
§1416. Defacing Plants.

(a) No person shall cut or deface live trees, or remove shrubs, plants or portions thereof, or destroy, deface or remove forest products of any description.
(b) Annual fruits of native plants such as gooseberries, elderberries and blackberries may be picked and empty conifer cones may be taken for non-commercial use.
(c) This section shall not apply to state forest licensees when acting within the scope of their authorization.
§1417. Geological Features.

No person shall destroy, disturb, mutilate or remove earth, sand, gravel, oil, minerals, rocks or features of caves. This Section shall not apply to state forest licensees when acting within the scope of their authorization.
§1418. Horticulture.

In order to control soil erosion, conserve water and preserve the natural condition of state forests, no person shall plant, tend or harvest within a state forest any herbs, flowers, vegetables, or fruits except as permitted by Section 1416(b). This section shall not apply to state forest licensees when acting within the scope of their authorization. 
§1419. Improvements.

No person shall mutilate, deface, damage or remove any table, bench, building, sign, marker, monument, fence, barrier, fountain, faucet, gate, lock, water storage tank or other structure, facility, equipment or property within a state forest. 
§1420. Unauthorized Signs.

No person shall cut, carve, paint, mark, post or otherwise affix in a state forest any bill, advertisement or inscription on any tree, natural geologic formation, fence, wall, building, monument or other property whether improved or unimproved. This section shall not apply to state forest licensees when acting within the scope of their authorization. 
§1421. Rubbish.

(a) No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans or other rubbish in a state forest except in a receptacle designated for that purpose.
(b) Without limiting the foregoing, no person shall vacate a camp-site without removing all of the above mentioned refuse thereon and depositing it in a receptacle designated for that purpose.
§1422. Polluting Waters.

No person shall deposit, permit to pass into, or willingly allow any substance in any spring, stream, lake or other waters within a state forest which will tend to cause said waters to become unfit for human consumption, deleterious to fish and plant life, or which will destroy the aesthetic qualities of the waters. This section includes, but is not limited to, the washing of clothing or other materials, and the disposal of body or other wastes.
§1423. Animal Waste.

Persons keeping dogs, cats or other animals within designated camping areas are responsible for removing and burying any and all droppings of said animal, and failure to do so within a reasonable time, or upon order of a state forest officer, shall constitute a violation of this Section.
§1424. Pets.

(a) No person shall bring a dog, cat or other animal into a designated camping area unless it is confined, or in a vehicle, or upon a leash not longer than 6 feet (1.83 m), or otherwise under physical restrictive control at all times.
(b) No person shall keep within a state forest a dog or other animal which is noisy, vicious, dangerous or disturbing to other persons after having been ordered by a state forest officer to remove said animal from the state forest.
§1425. Horses.

(a) No person shall bring saddle, pack or draft animals into a designated camping area unless it has been developed to accommodate them and is posted accordingly.
(b) No horse or other animal shall be hitched to any tree, shrub or structure in such a way that it may cause damage thereto.
(c) Persons bringing animals into a state forest are responsible for providing them with feed, and no person shall allow any saddle, pack or draft animal to graze on any portion of the state forest not specifically designated by the state forest manager as suitable for grazing purposes.
§1426. Smoking.

Smoking on state forest land covered with flammable vegetation or ground litter while traveling on foot, cycle or domestic animal is prohibited between April 1 and December 1 of any year, and in areas posted against smoking. Smoking is permitted in the following locations: Within improved campground, inside vehicles on improved roads, in places of habitation, and while stopped in an area of at least 3 feet (0.91 m) in diameter cleared of flammable vegetation and ground litter, provided however when smoking within a 3 foot (0.91 m) clearing that all glowing substances are extinguished and discarded within the cleared area. 
§1427. Archeological Features.
Note     •     History

No person shall collect or remove any object or thing of archeological or historical interest or value, nor shall any person injure, disfigure, deface or destroy the physical site, location or context in which the object or thing of archeological or historical interest or value is found.
NOTE

Authority cited: Section 4656.1, Public Resources Code. Reference: Sections 4656.1, 4656.2 and 4656.3, Public Resources Code.
HISTORY

1. New section filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6). 
Article 4. Vehicles
§1430. Parking Time Limits.

The state forest manager may by order establish limits of time for the parking, storage, or leaving of vehicles, including trailers, in a state forest and in units or portions thereof. No person shall so park, store or leave a vehicle or trailer in contravention of such orders when such time limits have been posted in the area affected. Nothing herein shall be construed in derogation of other state forest regulations.
§1431. Cross-Country Travel Prohibited.

Motor vehicles shall be operated only on roads and in parking areas constructed for motor vehicle use. Trail bikes, motorcycles, jeeps, pickups and other passenger carrying motor vehicles shall not be operated on any road or trail posted as closed to the public or to such use.
§1432. Speed Limits.
History

HISTORY

1. Repealer filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).
§1433. Vehicles in Camping Areas.

No person shall drive any motorbike, motorcycle or other motor vehicle on any roads within designated camping areas for any purpose other than access to, or egress from the area.
Article 5. Restricted Use Areas
§1435. Areas Closed to Hunting, Trapping, and the Use of Firearms.

The following areas are closed to hunting, trapping, and the use of firearms:
(a) Area in Tulare County.
The area approximately 440 acres (178.068 ha), more or less, located in Tulare County and described as follows: lying north, south, east and west of Balch Park being those parts of Sec. 36, T19S, R 30E., Sec. 31, T19S, R 31E, Sec. 6T 20S, R 31E, and Sec. 1 and 2, T20S, R30E, that are bounded as follows: from the intersection of the north line of said Sec. 1 with the Balch Park road northerly along this road to its junction with the Lace Meadow road; thence easterly along said Lace Meadow road to its intersection with the north line of the SE 1/4 of Sec. 36, T19S, R30E; thence east along said line to the Summit Road; thence southerly along the Summit road to its junction with the Balch Park road; thence southwesterly along the Balch Park road to its junction with the Bear Creek road; thence southwesterly along the Bear Creek road to its intersection with the south line of Sec. 2; thence along the south and west lines of the SE 1/4 of Sec. 2 to the old Coburn Mill road; thence along the Coburn Mill road to its intersection with the north line of the SE 1/4 of Sec. 2; thence east along the north line of the SE 1/4 of Sec. 2 to the quarter corner between Sec. 1 and 2; thence along the wst and north lines of the SE 1/4 of the NW 1/4 of Sec. 1 to the SW corner of the Balch Park property; and thence easterly and northeasterly, thence easterly, thence northerly, thence westerly, thence southerly, and finally westerly along the boundaries between Balch Park and the Mountain Home State Forest to the point of beginning. All townships are described from the MDB&M.
(b) Area in Mendocino County.
The areas located in Mendocino County and described as follows:
(1) Mendocino Woodlands area, approximately 3,000 acres (1214.100 ha), more or less. That portion of the Mendocino Woodlands area lying south and east of the Little Lake Mendocino (city) road, and south of Jackson State Forest road 740, being all of Sec. 13 and portions of Secs. 1, 11, 12, 14, 15, 22, 23, and 24 of T17N, R17W, and portions of Secs. 7, 18, 19 and 30 of T17N, R16W, all MDB&M.
(2) Parlin Fork Conservation Camp area, approximately 1,500 acres (607.500 ha), more or less. The E 1/2 of Sec. 32, T18N, R16W, MDB&M. All of Sec. 33, T18N, R16W, MDB&M. That portion of Sec. 4, T17N, R16W, MDB&M, lying north of state highway 20.
(3) Chamberlain Creek Conservation Camp area, approximately 1,020 acres (412.794 ha), more or less. All of Sec. 5, T17N, R15W, MDB&M; N 1/2 of Sec. 8, T17N, R15W, MDB&M; N 1/2 of Sec. 9, T17N, R15W, MDB&M.
§1436. Areas Closed to Hunting and the Use of Firearms.

The following area is closed to hunting and the use of firearms:
(a) Area in Shasta County.
The area of approximately 320 acres (129.504 ha), being a portion of the Latour State Forest immediately surrounding the Latour Forest Headquarters and Forest Fire Station. Said lands being located in Shasta County and being described as follows: lying north and east of McMullen Mountain being the SE 1/4 of Sec. 1 and the NE 1/4 of Sec. 12, T32-N, R2-E, MDB&M.
§1437. Fire Hazard.
History

HISTORY

1. Repealer filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).
§1438. Temporary Restricted Use.

To insure the safety and health of persons, to avoid interference in development, construction, research and timber management, or to provide for the security, safeguarding and preservation of property within a state forest and portions thereof, a state forest manager or the superiors thereof may order an area closed to a particular activity for a period of time not to exceed 1 year.
(a) Notices prescribing the prohibited activity shall be posted in such locations as will reasonably bring them to the attention of the public.
(b) No person shall, while in the restricted area, engage in the activity so prohibited.
§1439. Temporary Prohibited Area.

To insure the safety and health of persons, to avoid interference in development, construction, research and timber management, or to provide for the security, safeguarding and preservation of property within a state forest and portions thereof, a state forest manager or the superiors thereof may order any portions of a state forest closed to public use or entry for a period of time not to exceed 1 year.
(a) A copy of the order shall be posted at the state forest headquarters and may specify such reasonable classes of persons who may enter the closed area in the conduct of such proper activities or official duties as the forest manager or the superiors thereof may prescribe.
(b) Notices designating the area closed to entry shall be posted in such locations as will reasonably bring them to the attention of the public. Such notice may specify the period or periods of closure.
(c) During the period when an area is closed to public entry, only persons specifically authorized by the order of closure may enter or remain within the area so closed.
This section shall not be construed in derogation of any other state forest regulation.
Subchapter 3. Geothermal Development
Article 1. Purpose
§1500. Purpose.
History

HISTORY

1. Repealer of subchapter 3, article 1 (section 1500) and section filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
Article 2. Specific Provisions
§1501. General Requirements.
History

HISTORY

1. Repealer of subchapter 3, article 2 (sections 1501 through 1503) and section filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§1502. Special Requirements.
History

HISTORY

1. Repealer filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
§1503. Consent of Permits or Leases.
History

HISTORY

1. Repealer filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
Subchapter 4. Timber Sales
§1510. Harvesting and Management.
Note     •     History

The harvesting of forest products from state forests and management of state forests shall follow management plans developed for each forest by the Director, and approved by the Board.
NOTE

Authority cited: Section 4656.1, Public Resources Code. Reference: Sections 4645, 4651 and 4656.1, Public Resources Code.
HISTORY

1. Deletion of Subchapter 4, Articles 1-3 (headings only) and amendment of Section 1510 filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).
§1511. Timber Sales.
Note     •     History

When selling timber from state forests as authorized by PRC 4650-4651, the Director shall comply with the requirements of the Department of General Services and Department of Finance pertaining to the sale of state property. Such timber sales shall be conducted and administered by the Director following procedures promulgated in the State Administrative Manual (SAM) for contracting and sale of state property.
NOTE

Authority cited: Section 4656.1, Public Resources Code. Reference: Sections 4651 and 4656.1, Public Resources Code.
HISTORY

1. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).
§1515. Bids Solicitation.

The Director, when selling or soliciting bids for sale of timber from state forests, shall condition the sale upon agreement of the purchaser that said timber will not be substituted for timber exported from private lands under control of the bidder, or affiliate.
§1516. Non-Substitution Agreement.

Every purchaser of timber from state forests shall execute an agreement with the Director that said timber will not be substituted for timber exported from the purchaser's private lands.
§1517. Notice of Removal.

The purchaser, before removal of timber from state forests, shall give written notice to the Director of any or all locations where said timber will be processed. Said notice shall be required for all of said timber until such time as the timber has been sawn to dimensions of 4 inches by 12 inches (10.2 cm by 30.5 cm) or less.
§1518. Transfer Requirement.

Upon transfer of state timber not receiving primary manufacture, the purchaser shall require the transferee to agree to the same substitution restrictions as are imposed on purchaser. Within 5 days of said transfer, a copy of the agreement, together with location of intended processing of said timber, shall be delivered by purchaser to the Director.
§1519. Preservation of Records.

Purchaser shall preserve for a period of 3 years, after conclusion of removal of timber from the state forest, all records pertaining to the use and disposition of the state timber and, upon request of the Director, make said records available for inspection by the Director.
§1520. Violation.
History

HISTORY

1. Repealer filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).
§1521. Notice of Violation and Review.

If the Director determines that a purchaser has violated any provision of these regulations, a Notice of Violation shall be sent be certified mail to purchaser with the further statement that purchaser shall be prohibited from purchasing state timber for a period of 5 years from the date of violation and said notice will designate the period of suspension of the timber operator permit, if any, not exceeding a period of 6 months from the date of notice. Within 30 days of said notice, purchaser may make written appeal to the Director for review. The Director, upon his or her option, may act on the appeal either by open hearing or submission of written documents and proof. A decision if the Director is final.
Chapter 9.5. Forest Improvement Program
Article 1. Introduction
§1525. General.
Note     •     History

(a) The purpose of these procedures is to implement the California Forest Improvement Act of 1978 (Public Resources Code Sections 4790 through 4799.05, cited herein as “PRC ________”). Articles 1 through 8 of these procedures guide landowners participating in cost sharing agreements, RPFs employed by those landowners, and the Director when selecting projects and administering cost sharing agreements, and inform interested members of the public about the program.
(b) Due to the variety of forest conditions and diverse needs of forest landowners throughout the state, these procedures provide flexible standards which can apply in many situations. These standards are designed to give the Director the flexibility to select highly promising and badly needed forest resource improvement projects consistent with the provisions of the Act.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4790 and 4791, Public Resources Code.
HISTORY

1. New Chapter 9.5 (Articles 1-8, Sections 1525-1545.9, not consecutive) filed 7-5-79; effective thirtieth day thereafter (Register 79, No. 27).
§1525.1. Statement of Intent.
Note     •     History

The legislative intent for the California Forest Improvement Act of 1978 is contained in PRC Section 4791.
PRC 4799.02 requires the Director to adopt guidelines and procedures for landowners and Registered Professional Foresters (RPFs) participating in the program and for the Director when administering the program consistent with the findings and policies stated in the Act.
These procedures inform landowners, RPFs and the interested public regarding the qualifications necessary to participate in cost sharing agreements, the practices eligible for assistance through cost sharing agreements, the application procedures, and the responsibilities assumed when entering into such agreements, and guide the Director while selecting projects and implementing the program.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4790 and 4791, Public Resources Code.
HISTORY

1. Amendment filed 4-15-83; effective thirtieth day thereafter (Registered 83, No. 16).
2. Editorial correction of effective date of 4-15-83 order filed 4-22-83 (Register 83, No. 17).
§1526. Abbreviations.
Note     •     History

The following abbreviations apply throughout this chapter:
CAC: California Administrative Code.
CEQA: The California Environmental Quality Act of 1970, as amended, and administrative regulations pertaining thereto.
cm: centimeter (a metric unit of measure).
ha: hectare (a metric unit of measure).
m: meter (a metric unit of measure).
PRC: Public Resources Code.
RPF: Registered Professional Forester.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4793, Public Resources Code.
HISTORY

1. Amendment filed 4-15-83; effective thirtieth day thereafter (Register 83, No. 16).
2. Editorial correction of effective date of 4-15-83 order filed 4-22-83 (Register 83, No. 17).
§1526.1. Definitions.
Note     •     History

The definitions contained in the California Forest Improvement Act of 1978 (commencing with PRC 4790) shall apply to this chapter as well as the definitions set forth below:

	PRC Sec.
	Containing
	Ref. Def.
“Act” means the California Forest Improvement Act of 1978. (Reference: Sections 4790-4799.05, Public Resources Code.)
“Applicant” means a landowner who has submitted an application for a cost sharing agreement. (Reference: Section 4797, Public Resources Code.)

“Board”	730
“Clean and Release” means weeding of unwanted competing vegetation to provide more growing space and nutrients for young trees. See the definition of “Precommercial Thinning” in this section and “Youth Growth Stand Improvement” in PRC 4793(t). (Reference: Sections 4793 and 4794.)
“Commercial species” means any tree species which can be planted, raised and harvested for wood products at a profit. (Reference: Section 4791, Public Resources Code.)

	PRC Sec.
	Containing
	Ref. Def.
“Cost sharing agreement” means the writing wherein the participant agrees to complete a project and in return the Director agrees to provide a percentage of the total cost of the project. (Reference: Section 4795, Public Resources Code.)
“Cost sharing payment” means funds advanced by the Director to a participant pursuant to a cost sharing agreement. (Reference: Section 4798, Public Resources Code.)

“County with high unemployment”	4793(a)

“Department” (Reference: Sections 4792 and 4794, Public Resources Code.)	700(a) 
	700(b),

“Director” means the Director of Forestry or his/her duly authorized representative. (Reference: Sections 4790-4799.05, Public Resources Code.)	701, 709
“Eligible landowner” means a landowner meeting the requirements of PRC 4793(b) and these procedures. (Reference: Section 4793, Public Resources Code.)
“Fiscal Year” means the twelve month period beginning July 1 of one calendar year and ending June 30 of the following calendar year. (Reference: Section 4799.02(k), Public Resources Code.)

“Fish and wildlife habitat improvements”	4793(b)

“Followup work”	4793(d)

“Forest land” means land of the type historically used as commercial forest land and meeting the requirements of PRC 4793(e).	4793(e)

“Forest land conservation measures”	4793(f)

“Forest land with demonstrated potential for improved forest resource management”	4793(g)

“Forest Resources”	4793(h)
“Guidelines” means the resource protection guidelines set forth in Article 8 of this subchapter. (Reference: Section 4799.02, Public Resources Code.)
“Intermittent stream” see “stream” this section.
“Lake” means a permanent natural body of water of any size or an artificially impounded body of water having a surface area of at least one acre (.405 ha), isolated from the sea, and having an area of open water of sufficient depth and permanency to prevent complete coverage by rooted aquatic plants. (Reference: Section 4551.5, Public Resources Code.)
“Management plan” means a long-term forest and land management plan satisfying PRC 4799. (Reference: Section 4799(1), Public Resources Code.)
“Parcel” means a unit of land delineated by a County Assessor for tax purposes in the county where the project is or will take place. (Reference: Section 4797(e)(1)-(2), Public Resources Code.)
“Participant” means a landowner who has entered into a cost sharing agreement with the Director. (Reference: Section 4795, Public Resources Code.)
“Perennial stream;” see “stream” this section.

“Person”	4793(m)

	PRC Sec.
	Containing
	Ref. Def.
“Practices” means those categories of forest resource improvement work listed in PRC 4794 and 14 CAC 1527 as eligible for assistance through cost sharing agreements. (Reference: Section 4794, Public Resources Code.)
“Precommercial thinning” means the reduction of the number of stems in an overcrowded young stand of commercial trees to a pre-determined number, spacing, or basal area to achieve a reasonably optimum rate of growth to meet management objectives. This concept also may include the incidental removal of non-commercial trees or other unwanted competing woody vegetation. (Reference: Section 4794, Public Resources Code.)
“Prevailing cost” means the maximum compensation allowed for activities addressed in 14 CAC 1527(a) (2), (3), (4), (5) and (7) as adopted by the Board pursuant to 14 CAC 1530.1.
“Procedures” means Chapter 9.5 of Division 1.5, Title 14, California Administrative Code, 14 CAC 1525-1545.8. (Reference: Section 4799.02, Public Resources Code.)
“Program” means all the Director's activities relating to the selection and administration of projects. (Reference: Sections 4790.5 and 4792, Public Resources Code.)
“Project” means a forest resource improvement project. (Reference: Section 4799.02, Public Resources Code.)
“Project area” means the lands included for treatment by any eligible practice except writing a management plan. (Reference: Section 4799.02, Public Resources Code.)

“Reforestation”	4793(o)
“Registered Professional Forester” means a person who holds a valid license as a professional forester. (Reference: Sections 750-783, Public Resources Code.)

“Restocked”	4793(p)

“Slash” means branches, limbs or stems less than 4 inches (10.2 cm) in diameter left on the ground as a result of the project.	4525.7

“Small business entity”	4793(q)
“Snag” means a standing dead tree or a standing section thereof, regardless of species. (Reference: Title 14, California Administrative Code, Section 895.1.)
“Special Treatment Areas” mean specific areas that have been legally designated and described by the appropriate public agency or commission as: Wild and scenic rivers, scenic highways, historical and archaeological sites (excepting old logging sites, abandoned railroad grades, mills or towns), ecological reserves, key habitat areas of endangered species of plants and animals; national, state, regional, county and municipal parks; and those areas within 200 feet (60.96 m), as measured along the surface of the ground from the established boundaries of such areas or the edge of the traveled surface of such highways. It is not the intent of these provisions to include within the meaning of “special treatment areas” any riding, hiking or other recreational trails including, but not limited to, the Pacific Crest Trail. (Reference: Title 14, California Administrative Code Section 895.1.)

	PRC Sec.
	Containing
	Ref. Def.
“Stream” means a natural perennial or intermittent water course as designated by a solid line or dash and three dots symbol on the largest scale United States Geological Survey map most recently published or as corrected on the management plan map to reflect conditions as they actually exist on the ground. (Reference: Section 4799, Public Resources Code.)
“Stream and lake protection zone” means the strip of land around lakes and on each side of streams 50 feet (15.24 m), slope distance, from the stream or lake transition line. (Reference: Section 4799, Public Resources Code.)
“Stream and lake transition line” means that line closest to the stream or lake where riparian vegetation is permanently established. (Reference: Section 4562.7, Public Resources Code.)
“Substantially damaged” means areas of forest land of 3 contiguous acres (1.214 contiguous ha) or more whereon wildfire, insects, disease, wind, flood or other substantial damage caused by an act of God reduces stocking below the requirements of PRC 4561 and applicable administrative regulations. (Reference: Title 14, California Administrative Code Section 895.1.)
“Substantial deviation” means an important or fundamental change in the proposed project including changes in:
(a) the area to be treated by any practice;
(b) practices proposed for the project;
(c) measures designed to mitigate impacts of a proposed project. (Reference: Section 4799.02, Public Resources Code.)
“Timberland protection zone” means the land use zone established pursuant to the provisions of Chapter 6.7 (commencing with Section 51100) of Part I of Division I of Title V of the Government Code. (Reference: Section 4795.5(a), Public Resources Code.)

“Uses incompatible with forest resource management”	4793(s)
“Wet meadows, marshes and other wet areas” means those natural areas except cutover lands as defined in PRC 4522.5 that are moist on the surface throughout most of the year and support exotic vegetation, grasses and forbs. (Reference: Section 4799, Public Resources Code.)
“Zone” means a land use zone designated by the county where the project is or will take place. (Reference: Section 4799.02, Public Resources Code.)
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 700, 701, 709, 730, 750-783, 4523, 4525.7, 4531, 4551.5, 4562.7 and 4790-4799.05, Public Resources Code.
HISTORY

1. Amendment filed 4-15-83; effective thirtieth day thereafter (Register 83, No. 16).
2. Editorial correction of effective date of 4-15-83 order filed 4-22-83 (Register 83, No. 17).
3. Amendment filed 8-31-84; effective thirtieth day thereafter (Register 84, No. 35).
Article 2. Eligibility
§1527. Eligible and Ineligible Practices.
Note     •     History

(a) The following practices and combinations thereof as set forth in PRC 4794 are eligible for assistance through cost sharing agreements if they are completed in accordance with these procedures and the conditions of a cost sharing agreement:
(1) Preparation of management plans and addendums to management plans satisfying 14 CAC 1529.1.
(2) Site preparation as necessary to establish desirable tree species. Mechanical, chemical, and manual methods will be permitted to control and/or remove competing brush and hardwood species. Other methods include but are not limited to prescribed burning of brush and slash, and soil preparation such as plowing, discing, and fertilizing.
(3) Provision and planting of seed and seedlings of commercial tree species. Costs of said seed and seedlings from public and private nurseries are eligible for cost sharing. Planting includes manual and mechanical planting of seed and seedlings and subsequent protection of those seed and seedlings.
(4) Stand improvement within young growth stands of commercial tree species including clean and release or precommercial thinning of overstocked stands to provide more growing space for healthier stems.
(5) Forest land conservation measures including but not limited to erosion control, revegetation, road closure and stabilization of abandoned roadbeds, and improvement of drainage facilities for the purpose of reducing soil erosion and sedimentation.
(6) Fish and wildlife habitat improvement work including but not limited to stream clearance, reestablishment of desirable vegetation along stream channels and elsewhere, measures to encourage habitat diversity, restoration of anadromous fisheries, and fencing to protect wet areas and other key wildlife habitat areas from livestock.
(7) Followup work includes those practices necessary to promote the survival of seed or seedlings planted or protection or enhancement of other practices undertaken as part of a prior project pursuant to the Act and these procedures.
(b) The following categories of work are not eligible for cost sharing even if one or more may be required to make a project serve its purpose:
(1) Fencing practices designed to protect the forest stand from livestock.
(2) Practices designed to protect the forest stand from fire.
(3) Costs of using land and water including but not limited to irrigation systems, spring development and water resource improvement.
(4) Road construction.
(5) Practices intended solely to produce Christmas trees or greenery.
(6) Projects designed solely for the production of fuelwood.
NOTE

Authority cited: Sections 4794 and 4799.02, Public Resources Code. Reference: Section 4794, Public Resources Code.
HISTORY

1. Amendment filed 4-15-83; effective thirtieth day thereafter (Register 83, No. 16).
2. Editorial correction of effective date of 4-15-83 order filed 4-22-83 (Register 83, No. 17).
3. Amendment filed 8-31-84; effective thirtieth day thereafter (Register 84, No. 35).
§1527.1. Project Eligibility.
Note     •     History

A proposed project must satisfy the following conditions to be eligible for a cost sharing agreement:
(a) The practices proposed to be financed by the cost sharing agreement are designated by 14 CAC 1527 as eligible for cost sharing.
(b) The eligibility conditions for cost sharing agreements set forth in PRC 4797 are satisfied.
(c) The application requirements of PRC 4799 and 14 CAC 1529.1 are satisfied.
(d) The application for the cost sharing agreement has been approved by the Director and signed by the participant before the participant begins any practice to be financed by the agreement except preparing a management plan.
(e) To be eligible for a contract, of the type referenced in PRC Section 4797, the land proposed for the project must be forest land with demonstrated potential for improved forest resource management according to the following criteria:
(1) The area of land owned by the applicant within and contiguous to the project is 20 acres (8.094 ha) or more. This limitation does not apply to projects which involve only forest land conservation practices and fish and wildlife habitat improvement practices.
(2) The area proposed for a project which involves timber related practices described in paragraphs (2), (3), (4), or (7) of 14 CAC 1527(a) is 5 acres (2.034 ha) or more.
(3) There are no known factors which prohibit any of the practices proposed and, if the proposed project involves timber related practices described in paragraphs (2), (3), (4), or (7) of 14 CAC 527(a), there are no factors which foreseeably may prohibit the eventual harvest of commercial forest products from the project area.
(f) “Adversely affected” land under Section 4794(d)(1) includes, but is not limited to, timberland adjacent to (but which is not itself) burned timberland from which burned timber is not immediately removed.
NOTE

Authority cited: Sections 4799.02, 4794 and 4797, Public Resources Code. Reference: Sections 4794(d), 4795, 4797, 4799 and 4799.01, Public Resources Code.
HISTORY

1. Amendment filed 4-15-83; effective thirtieth day thereafter (Register 83, No. 16).
2. Editorial correction of effective date of 4-15-83 order filed 4-22-83 (Register 83, No. 17). 
Article 3. Application Procedures
§1529. General.
Note     •     History

(a) PRC 4799 (b) requires that an applicant submit a management plan satisfying the requirements of the Director as expressed in 14 CAC 1529.1 before the Director may approve a cost sharing agreement with the applicant. The applicant may do either of the following to satisfy this requirement:
(1) The applicant may provide a management plan as part of an application for a project. In this case the preparation of the plan shall not be financed with cost sharing payments.
(2) The applicant may notify the Director of his/her intent to apply for a cost sharing agreement to finance a project and the applicant shall certify that a management plan has not been prepared for the area proposed for the project. Upon such notification and certification, the Director shall give to the applicant a set of guidelines specifying the contents of management plan. The applicant may then submit the management plan at his/her own expense as part of an application for a cost sharing agreement to finance the preparation of the plan and at least one other eligible practice. Only upon the Director's approval of the project may the applicant be reimbursed for the cost of providing the management plan.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799, Public Resources Code.
HISTORY

1. Amendment filed 4-15-83; effective thirtieth day thereafter (Register 83, No. 16).
2. Editorial correction of effective date of 4-15-83 order filed 4-22-83; (Register 83, No. 17). 
§1529.1. Application and Management Plan.
Note     •     History

A landowner applying for a cost sharing agreement to finance a project shall submit an application on a form approved by the Director to the appropriate Department office. The application form shall request the following:
(a) Information necessary to identify the applicant and the area proposed for the project.
(b) The current use and zoning of the area proposed for the project.
(c) A description of the proposed project including but not limited to the number of acres to be treated by each practice.
(d) A project budget including but not limited to whether the applicant's share of the project cost will be made through contribution of materials, services, and/or direct cost payments.
(e) General and environmental information that the Director judges necessary to evaluate proposed projects.
(f) A long term forest and land management plan satisfying PRC 4799(a) and guidelines approved by the Director. These guidelines shall specify that management plans include such maps and descriptive material necessary to:
(1) Determine if the proposed project will achieve the landowner's objectives and the purposes of the Act, California Environmental Quality Act (CEQA), and other state laws.
(2) Evaluate the potential of the project area for improved management of all forest resources and the environment including, but not limited to recreation, soils, timber, water, and fish and wildlife.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.01, Public Resources Code.
HISTORY

1. Amendment filed 4-15-83; effective thirtieth day thereafter (Register 83, No. 16).
2. Editorial correction of effective date of 4-15-83 order filed 4-22-83 (Register 83, No. 17).
Article 4. Guidelines for Cost Sharing
§1530. Cost Sharing Schedules.
Note     •     History

When the Director enters into agreements with landowners pursuant to the provisions of PRC Section 4795, he/she may share 80% of the lesser of either:
(a) The landowner's actual cost to accomplish the project or;
(b) The prevailing cost of the practices proposed for the project as determined by the Director according to 14 CAC 1530.1, or 90% of either of the same if the applicant satisfies any one of the following four conditions:
(1) The applicant owns less than 500 acres (202.350 ha) of forest land in California.
(2) Ten percent or more of the total cost of the project will be devoted to forest land conservation measures and/or fish and wildlife habitat improvement practices.
(3) The project or other actions of the landowner will increase recreational opportunities for the public.
(4) The project will be carried out primarily by persons living in the county or in counties adjacent to where the project will take place.
NOTE

Authority cited: Sections 4799.02 and 4795, Public Resources Code. Reference: Section 4795, Public Resources Code.
HISTORY

1. Amendment filed 4-15-83; effective thirtieth day thereafter (Register 83, No. 16).
2. Editorial correction of effective date of 4-15-83 order filed 4-22-83 (Register 83, No. 17).
§1530.05. Waiver of Cost Sharing.
Note     •     History

The Director may waive the landowner cost share requirement when the state's funding source for the authorized forest improvement work prohibits cost share requirements.
NOTE

Authority cited: Sections 4799.04 and 4795, Public Resources Code. Reference: Section 4799.04, Public Resources Code.
HISTORY

1. New section filed 10-27-2009; operative 11-26-2009 (Register 2009, No. 44).
§1530.1. Prevailing Costs.
Note

By April 15 each fiscal year, the Director shall submit to the Board for its review a schedule of the prevailing costs of performing the practices eligible for cost sharing payments in various regions of the state. The schedule shall apply to all cost sharing agreements signed in the next fiscal year. At any time, the Director may submit amendments in the schedule to the Board for its review; such changes shall become effective upon Board approval or 75 days after submission to the Board unless the Board acts to change such amendments.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4795, Public Resources Code. 
Article 5. Project Review Procedures and Evaluation Criteria
§1532. Application Review and Filing.
Note

(a) The Director shall continuously accept for review applications for cost sharing agreements to finance projects as long as there is reasonable assurance that funds will be available to finance such agreements.
(b) Only when an application is complete and the proposed project is eligible for a cost sharing agreement shall the Director file the application.
(c) When the Director finds an application incomplete or that the proposed project is not eligible for a cost sharing agreement, the application shall be returned to the applicant stating what additional information is needed and the reasons that the proposed project is not eligible for a cost sharing agreement.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.01, Public Resources Code.
§1532.1. Public Notice of Project Application.
Note

The Director may provide public notice above and beyond that already required by CEQA by sending copies of filed applications to the Department of Fish and Game, the Department of Parks and Recreation, the appropriate county planning agency, and California Regional Water Quality Control Board, any other agency with responsibilities related to the project, and the interested public.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.01, Public Resources Code.
§1532.2. Preliminary Project Review.
Note

(a) The Director shall conduct a preliminary review of each project proposed in a filed application by inspecting the project area and undertaking the environmental evaluation required by CEQA to determine that the applicant, the parcel, and the specific practices proposed for the project satisfy the purposes and criteria set forth in the Act, these procedures, CEQA, and all other applicable state laws, regulations, and administrative procedures.
(b) If the Director is unable to make the determination set forth in paragraph (a) of this section, then the Director shall return the application to the applicant and state the additional conditions, if any, under which the Director would be able to make such a determination. Upon receiving the returned application, the applicant may either:
(1) Incorporate such additional conditions into the proposed project and resubmit the application for preliminary review, or;
(2) Request that the Director personally reconsider his or her decision as provided in Article 7 (14 CAC 1540 through 1542).
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.01, Public Resources Code.
§1533. Ranking and Approval of Filed Applications.
Note     •     History

The Director shall periodically rank all filed applications for cost sharing agreements according to the following priority rating table. The Director may then approve filed applications in order of priority, giving consideration to administrative constraints such as seasonal variations in applications and the availability of funds that might apply to different types of projects. The Director may give preference to proposed projects which consist only of forest land conservation practices and fish and wildlife habitat improvement practices to the extent necessary to comply with PRC 4794(c).

Priority Rating Table

  Factor	                                                                                           Priority Rating

1. Site Productivity1 to be used only for forestry practices.
	Site I	10
	Site II	8
	Site III	6
	Site IV	4
	Site V	1

2. Proposed project cost as a percentage of maximum prevailing
cost for project.
	Less than 50%	5
	51-60%	4
	61-70%	3
	71-80%	2
	81-90%	1
3. Management Plan Cost as a percentage of total project cost.
	10% or less	5
	11-20%	3
	21 + %	1
4. Zoning of Project Area
	Timberland Production Zone	5
	Open Space General (20 acre minimum)	3
	Other	1
5. Project area timberland substantially damaged by fire, insects,
disease, or other natural causes within 36 months.2	5

6. Percent of the cost of the project that will be devoted to forest 
land conservation practices or fish and wildlife habitat
improvement practices.
	10 + %	5
	5-10%	3
	1-5%	1
7. The landowner owns less than 500 acres (202.350 ha) of
 forest land in California.		5
8. The applicant agrees to offer recreational opportunities for the
public.		1
9. A small business entity will carry out the proposed project3	1
10. The project involves follow-up work that is necessary to protect
investments of a previous project		1
11. The project is located in a county with high unemployment4	3
12. The project offers relatively more employment opportunities5	1

13. The project will be carried out by persons living in the county or
in counties adjacent to the county where the project will take place.	1

1 Timber site classification will be determined in the management plan according to 14 CAC 1060. Rating shall reflect a weighted average of all sites on the project area.

2 Criteria for substantially damaged lands specified in 14 CAC 1085.1.

3 See PRC 4793(q) for a definition of small business entity.

4 See PRC 4793(a) for a definition of a county with high unemployment.

5 A project shall offer relatively more employment opportunities if the product of the number of man-hours per dollar of project cost and the proportion of the project devoted to wages and salaries is greater than the average of the same product for all projects being considered at the same time. Man-hours and reimbursements relative to RPF services shall be excluded from the calculation.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.01, Public Resources Code.
HISTORY

1. Amendment filed 4-11-83; effective thirtieth day thereafter (Register 83, No. 16).
2. Editorial correction of printing error deleting inapplicable former HISTORY NOTE No. 2 and restoring the text of Factors 11, 12 and 13 from 4-11-83 order (Register 87,No. 32). 
Article 6. Program Administration
§1535. Applicant Notification.
Note

The Director shall notify all applicants that their applications were approved or rejected. An applicant whose application was rejected may either resubmit the application according to 14 CAC 1533 if there are no substantial deviations in the proposed project or request that the Director personally reconsider the decision as set forth in Article 7 (14 CAC 1540 through 1542).
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.02, Public Resources Code. 
§1535.1. Cost Sharing Agreements.
Note

Cost sharing agreements financing projects shall:
(a) Comply with all state laws, regulations, and administrative procedures;
(b) State that the Director may inspect the project area at any time to assure compliance with the agreement;
(c) State that the Director may take action necessary to recover funds as specified in 14 CAC 1542 and PRC 4797.5.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4795 and 4797.5, Public Resources Code. 
§1536. Project Completion Report.
Note

A participant shall submit a Project Completion Report to the Director upon completion of the project or any component thereof eligible for in-progress payments as specified in the cost sharing agreement. The Project Completion Report shall include all itemized invoices for practices financed by the cost sharing agreement, including where applicable, an itemized account of all costs incurred by the participant in services, equipment, and cash expenditures while completing the practices specified in the cost-sharing agreement.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4795, Public Resources Code.
§1536.1. On-Site Inspection.
Note

The Director shall inspect the project:
(a) Whenever the landowner submits a Project Completion Report;
(b) Whenever a participant requests to change the terms or conditions of a cost sharing agreement;
(c) Before disbursing any cost sharing payments or requesting any refunds upon termination or amendment of agreements, or bringing legal action for violation of any agreement.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4795, Public Resources Code. 
Article 7. Request for Reconsideration of Rejected Applications
§1540. Return of Application.
Note

Whenever the Director rejects a final application for a cost sharing agreement, or establishes conditions following a Preliminary Review that are unacceptable to an applicant, the Director shall return the application to the applicant and state the reasons for rejecting the application.
The applicant may request that the Director personally reconsider the decision to reject the application if the request is made within 10 days of the return of the application. The request shall identify the applicant and the proposed project and briefly state the applicant's reasons for requesting that the Director personally reconsider the decision. The Director shall consider the application and all correspondence from interested parties while reviewing the decision.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.02, Public Resources Code. 
§1541. Final Decision by the Director.
Note

If the Director finds that the decision to reject the application conforms to these procedures and the Act, the Director shall uphold the decision to reject the application. If the Director finds that the decision to reject the application does not conform to these procedures and the Act, the Director may approve the application.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.02, Public Resources Code. 
§1542. Recovery of Funds.
Note     •     History

(a) Pursuant to these procedures and the Act, a participant in a cost sharing agreement shall refund any cost sharing payments in the event of any of the following:
(1) The filing of an application to rezone the parcel(s) to which the project applied to a zone permitting a land use(s) incompatible with forest resource management, as set forth in PRC 4797.5;
(2) A violation of a contract pursuant to PRC 4797;
(3) A finding by the Director that the participant has not complied with the terms of a cost sharing agreement and a subsequent order by the Director that the participant refund any cost sharing payments advanced.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4797.5, Public Resources Code.
HISTORY

1. Amendment filed 4-15-83; effective thirtieth day thereafter (Register 83, No. 16).
2. Editorial correction of effective date of 4-15-83 order filed 4-22-83 (Register 83, No. 17). 
Article 8. Resource Protection Guidelines
§1545. Wildlife Protection.
Note

(a) Riparian vegetation found along stream and lakes, and within marshes, wet meadows, and other wet areas shall be retained and protected except when managed as part of a fish and wildlife habitat improvement practice and necessary mitigation measures to minimize damage from these practices have been imposed.
(b) All snags within the stream and lake protection zone and all live trees and snags with visible evidence of use as nesting and roosting sites by rare, endangered, or threatened bird species shall be left undisturbed. Participants are encouraged to leave all snags undisturbed.
(c) No practices may be performed on lands designated special treatment areas due to their importance as key habitat for rare and endangered animals or plants unless an environmental evaluation conducted according to 14 CAC 1532.2 indicates that a proposed practice(s) will improve such habitat.
(d) Participants are encouraged to retain some older acorn producing black oaks, create deer forage lanes in brushfields, and plant other vegetation to promote species diversity and improve wildlife habitat when such practices are not in conflict with program goals.
(e) If existing vegetation other than riparian is necessary to maintain stream temperatures, such vegetation shall not be removed.
(f) Domestic water supplies will receive the same review and consideration as that required for special treatment areas.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4799.01, Public Resources Code. 
§1545.1. Stream and Lake Protection.
Note

(a) Throughout the course of the project, the applicant shall keep all streams and lakes below the stream and lake transition line free of slash, debris, and other material that will harm fish, wildlife, or other beneficial uses of water. Accidental deposits will be removed immediately.
(b) No tractors, trucks, cars, and other machinery shall be serviced adjacent to lakes or streams, or within wet meadows and other wet areas, or in other areas where such servicing will permit grease, oil, or fuel, or other toxic substances to enter lakes or streams or wet areas.
(c) Except when performing fish and wildlife habitat improvement practices or forest land conservation practices, heavy earth-moving equipment working on the project area shall be prohibited from working within 50 feet (15.24 m), slope distance, of the stream or lake transition line. Wider protection zones may be required following an environmental review of the project conducted according to 14 CAC 1532.2.
(d) The participant shall be responsible for complying with applicable sections of the Fish and Game Code and local ordinances.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4799.01, Public Resources Code. 
§1545.2. Wet Meadows, Marshes, and Other Wet Areas.
Note

No activities shall be permitted in wet meadows, marshes, and other wet areas unless such activities are forest land conservation practices of fish and wildlife habitat improvement practices and necessary mitigation measures to minimize damage from these practices have been imposed.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4799.01, Public Resources Code.
§1545.3. Erosion Control.
Note

(a) Brush scalped with a bulldozer off slopes shall be windrowed along the contour. Windrowed brush shall be disposed of by burning prior to planting or seeding.
(b) Heavy equipment shall not be operated on the project area when soils reach field capacity.
(c) Heavy equipment shall not be operated on known potential or active slide areas.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4799.01, Public Resources Code. 
§1545.4. Hazard Reduction.
Note

(a) Slash that is created by the project shall be treated by chipping, piling and burning, burying, lopping or otherwise removing as recommended by the area Fire Control Officer.
(b) Any burning shall be in compliance with applicable forest, fire, and pollution regulations.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4799.01, Public Resources Code. 
§1545.5. Use of Chemicals.
Note     •     History

Chemicals used for forest improvement work shall be applied in accordance with all federal, state, and local laws and regulations.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4799.01, Public Resources Code.
HISTORY

1. Amendment filed 8-31-84; effective thirtieth day thereafter (Register 84, No. 35). 
§1545.6. Stocking Levels.
Note

Unless the Director recommends otherwise, the minimum stocking level at completion of a planting project shall be:
(a) 400 trees per acre (988 trees per ha) (10.44 foot (3.18 m) spacing) on Site III and better lands.
(b) 200 trees per acre (494 trees per ha) (14.76 foot (4.50 m) spacing) on Site IV and V lands.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4794, Public Resources Code. 
§1545.7. Species Selection.
Note

Commercial tree species shall be used for reforestation projects consisting of site preparation and planting practices except that up to 10% of the area may be planted with other species in the interest of maintaining species diversity and wildlife habitat. Non-commercial species may be used in projects consisting of forest land conservation measures and fish and wildlife habitat improvement practices. In any case, the tree species used for any project financed by a cost sharing agreement pursuant to this Chapter shall be silviculturally adaptable to the specific site named in the agreement and the use of said species shall be subject to the approval of the Director.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4799.01, Public Resources Code. 
§1545.8. Special Treatment Areas.
Note

No practice may be performed in special treatment areas except in such cases where the area has been substantially damaged or where the proposed practice will improve the resource values which have prompted the appropriate public agency to designate the area a special treatment area. In any case, an environmental review shall be conducted in the manner set forth in 14 CAC 1532.2 for all projects within special treatment areas.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4799.01, Public Resources Code. 
§1545.9. Insect Control.
Note

Pre-commercial thinning in Ponderosa Pine and Jeffrey Pine shall be limited to between May 15 and November 1 unless adequate measures are taken to prevent the infestation of the residual stand with IPS and/or dendroctonous beetles.
NOTE

Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.01, Public Resources Code. 
Chapter 9.7. Urban Forestry Program Procedures*

* Regulations adopted by the California State Board of Forestry.
Article 1. Introduction
§1550. Purposes of Guidelines.
Note     •     History

The purpose of these Urban Forestry Program Guidelines shall be:
(a) to implement the California Urban Forestry Act of 1978 (Public Resources Code Sections 4799.06 through 4799.12);
(b) to provide guidance to cities, counties, city and county of, districts and nonprofit organizations (“local agency”) participating in the program regarding: eligibility to receive grants for urban forestry projects, practices eligible for assistance through such grants, application procedures and responsibilities assumed by a participant while receiving such grants;
(c) to provide guidance to the Director in reviewing and evaluating proposed urban forestry projects and the proportion of cost share assistance available as grants for approved projects and in making grants and in carrying out other procedures necessary to administer the program;
(d) to inform interested members of the public of the procedures used by the Department of Forestry in administering the program.
Due to the wide variety of urban areas and the diverse needs of urban communities throughout the state, these guidelines provide flexible standards which can apply to many situations. The standards are designed to give the Director flexibility to select highly promising, badly needed and/or innovative urban forestry projects consistent with the provisions of the Act.
NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Sections 4799.07, 4799.08, 4799.10 and 4799.12, Public Resources Code.
HISTORY

1. New Chapter 9.7 (Sections 1550-1556.1, not consecutive) filed 4-16-79; effective thirtieth day thereafter. Issuing agency: Board of Forestry (Register 79, No. 16).
2. Amendment filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32).
§1550.1. Legislative Intent. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.08, Public Resources Code.
HISTORY

1. Repealer filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32).
§1550.2. Authority to Adopt Procedures. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.12, Public Resources Code.
HISTORY

1. Repealer filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32).
Article 2. Definitions
§1551. Abbreviations. [Repealed]
Note     •     History

NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.12, Public Resources Code.
HISTORY

1. Repealer filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32).
§1551.1. Definitions.
Note     •     History

The following definitions are applicable throughout this chapter. 

	PRC Sec.
Defined word or phrase	Containing
	Ref. Def.
“Act” means the California Urban Forestry Act of 1978. Reference: Sections 4799.06-4799.12, Public Resources Code.
“Agreement” means the document in which the Director and participants state the terms and conditions under which the participant agrees to complete an urban forestry project subject to specified conditions and in return the Director agrees to provide a percentage of the total cost of the project. Reference: Section 4799.10(b), Public Resources Code.
“Applicant” means any local agency that has submitted an application for an urban forestry project grant. Reference: Section 4799.12, Public Resources Code.

“Board”	730

“Department”	730(b)
“Director” means the Director of the Department of Forestry or a duly authorized representative. Reference: Section 700(c), Public Resources Code.
“Local agency” means any city, county, district, or nonprofit organization. Reference: Section 4799.12, Public Resources Code.
“Grant(s)” means the funds given to a local agency by the Director for assistance in funding urban forestry projects. Reference: Section 4799.12, Public Resources Code.
“Participant” means any local agency that is the recipient of a grant to partially fund an urban forestry project. Reference: Sections 4799.07-4799.12, Public Resources Code.
“Practice” means any urban forestry work eligible for financial assistance through a grant authorized for such purpose. Reference: Section 4799.12, Public Resources Code.
“Program” means all of the activities of the Department of Forestry relating to the administration of grants to assist local agencies in funding urban forestry projects. Reference: Section 4799.12, Public Resources Code.
“Project” means all of the practices set forth in a single application and approved for a grant to partially fund the costs of completing the practices proposed in the application. Reference: Section 4799.12, Public Resources Code.
“Public or private entity” means any persons, local agency, or organization (public or private). Reference: Section 4799.12, Public Resources Code.

“Urban area”	4799.09(c)

“Urban forest”	4799.09(b)

“Urban forestry”	4799.09(a) 
NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Sections 700(b), (c), 730 and 4799.06-4799.12, Public Resources Code.
HISTORY

1. Amendment filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32). 
Article 3. Eligibility
§1552. Eligible Practices.
Note     •     History

Practices that may be financed by the Urban Forestry Grant program include but are not limited to the following:
(a) Planting of street and neighborhood trees and other vegetation.
(b) Designing and implementing vegetation maintenance programs.
(c) Establishing community forests and urban forestry education centers to restore abandoned urban land and to develop community awareness of the benefits of managing our urban forests.
(d) Preparing and implementing community-supported urban forestry management plans, inventories, and ordinances.
(e) Developing and establishing urban forestry educational material to support community urban forestry programs.
(f) Designing and implementing urban and community forest management plans for urbanized forests.
NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.12, Public Resources Code.
HISTORY

1. Amendment filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32).
§1552.1. Ineligible Costs.
Note     •     History

Costs of completing the following activities or conditions shall not be financed by grants authorized by the Act:
(a) Purchasing mechanical equipment if similar surplus mechanical equipment can be made available and acquired by the Department.
(b) Undertaking or completing any practice designed to supplant rather than supplement existing local agency activities. Such ineligible practices shall consist of any request that the Director furnish grants to take the place of a regular or ongoing fiscal commitment to a program or project by a local government.
(c) Planting or landscaping with trees or vegetation that requires maintenance such as: watering, fertilizing, exterminating, or controlling plant pests and diseases in order to survive, if no public or private entity has agreed in writing to provide such maintenance measures for at least two years after planting is completed.
NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.12, Public Resources Code.
HISTORY

1. Amendment filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32).
§1552.2. Eligible Participants.
Note     •     History

The following local agencies are eligible to participate in the program and receive grants authorized by the Act:
(a) Cities (city and county).
(b) Counties.
(c) Districts, including but not limited to: school, park, recreation, water, and local taxing districts.
(d) Nonprofit organizations including, but not limited to, those established for the purpose of improving urban life through citizen involvement, schools, and civic groups.
NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.12, Public Resources Code.
HISTORY

1. Amendment filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32).
§1552.3. Eligibility and Permits.
Note     •     History

All of the following conditions must be met for a proposed urban forestry project to be eligible for a grant authorized by the Act:
(a) A project must be located in an urban area or immediately adjacent to an urban area if substantial benefits of the project are to accrue to residents of the urban area.
(b) The project has a commitment for active participation from one or more of the following: local residents, local business, or local government as described in Section 1554.1(h).
(c) The applicant has complied in all respects with all applicable local and county ordinances.
(d) The applicant has entered into an agreement with the owners of the land for access to the land for three years by using the form supplied by the Department of Forestry.
(e) The applicant has complied with all applicable state and federal laws and regulations, including CEQA.
(f) The application has been approved, project priority is high enough to qualify for available funds, and an agreement is executed before the project is begun.
NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Sections 4799.08 and 4799.12, Public Resources Code.
HISTORY

1. Amendment filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32).
Article 4. Guidelines for Awarding Grants
§1553. Grant Guidelines.
Note     •     History

The Director may make grants to share the cost of eligible urban forestry projects. The proportion of the project cost financed by the Director shall be determined as follows:
(a) The Director will finance at least 25 percent of the costs of eligible planting projects if the maintenance necessary for survival is guaranteed by the applicant to be provided for two (2) years from the completion of planting.
(b) The Director will finance at least 50 percent of the costs of eligible planting projects where the required maintenance is guaranteed by the applicant to be provided for three (3) years or more from the completion of planting.
(c) The Director will finance at least 50 percent of the costs of eligible projects which do not involve planting.
(d) Additional funds are available at the rate of 15 percent of the projects cost for each criterion listed in 14 CAC 1554.3(a) except for (2) and (4) of that subsection provided that the cost-share rate for projects with a two (2) year maintenance commitment does not exceed 70 percent of the project cost, and 90 percent for all other projects.
(e) The Director may waive the cost share requirement when the state's funding source for a grant prohibits cost share requirements.
NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.12, Public Resources Code.
HISTORY

1. Amendment filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32). 
2. New subsection (e) filed 10-27-2009; operative 11-26-2009 (Register 2009, No. 44).
Article 5. Application Procedures
§1554. Acceptance for Review and Filing.
Note     •     History

The Director shall mail to persons upon request and publish in the California Regulatory Notice Register a request for proposals for urban forestry projects at least once each year. The Director shall accept for review and filing applications for grants to finance urban forestry projects if there is reasonable assurance that funds will be available to finance such grants. Applications will not be accepted past the final filing date specified in the Director's request for proposed urban forestry projects.
NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.10, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1554 to Section 1554.1, and renumbering and amendment of former Section 1554.1 to Section 1554 filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32). 
2. Amendment of section and Note filed 10-27-2009; operative 11-26-2009 (Register 2009, No. 44).
§1554.1. Application and Content.
Note     •     History

Local agencies requesting grants authorized by the Act shall submit an application to the Director.
Information required upon application shall include, but not necessarily be limited to:
(a) Name, address, and telephone number of the local agency and its executive officer making the application.
(b) A form supplied by the Department, signed by the landowner, allowing the applicant access to the land for three years.
(c) A statement signed by the applicant certifying that the applicant will comply with all applicable local, state and federal laws and regulations.
(d) A statement of the applicant's objectives to be achieved by the proposed project.
(e) A brief statement describing how the proposed project will achieve the objectives stated pursuant to (d) above.
(f) A detailed description of any maintenance measures necessary to ensure the survival of any vegetation planted pursuant to the grant agreement, including a statement describing the terms of any commitment(s) made by any public or private entity to provide such maintenance. Said statement shall be signed by the entity agreeing to provide such maintenance.
(g) A description of the project, including a budget, the number and job nature of the people involved in the project and the source of funds, materials, equipment or services to be provided by the applicant. If applicable, a detailed planting plan shall be attached to show the species to be planted, location of the project, and ancillary landscaping work.
(h) Documentation that there shall be active community participation such as a letter from a local service club.
(i) For nonprofit organizations submitting an application, a description of the organization including the purpose, membership and source of funding.
NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.10, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1554.1 to Section 1554, and renumbering and amendment of former Section 1554 to Section 1554.1 filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1554.2. Application Review and Filing.
Note     •     History

Upon receipt of an application for an urban forestry project grant, the Director shall review it for conformance with the Act and these guidelines. Such review shall include an inspection of the project area.
(a) If the Director finds that the application is incomplete in a material way or that the proposed project is not eligible for a grant, the application will be returned and the applicant will be informed that the proposed project is ineligible for funds to be allocated during the present period to which the Director's request for proposals applies. The applicant will be informed that there will be an opportunity to apply for funds during the next period in which the Director requests proposals for urban forestry projects. The Director shall also indicate the information required to complete the application or steps necessary to qualify the proposed project for a grant. When an application is complete and the project is eligible for a grant, the Director shall file the application.
NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.10, Public Resources Code.
HISTORY

1. Amendment filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32).
§1554.3. Priority Ranking of Filed Applications.
Note     •     History

The Director shall develop priority lists of proposed projects by ranking all filed applications. The Director may establish separate priority lists for proposed projects that qualify for special funds available for distribution.
(a) The following criteria shall guide the Director in ranking applications to develop priority lists of proposed projects:
(1) The project provides urban forest resources to areas where such resources are absent, or replenishes such resources where they are badly depleted.
(2) The degree of active community participation provided by the project.
(3) The project demonstrates innovative techniques for developing and managing urban forest resources that can be duplicated in other urban areas.
(4) The project application includes a long-term written commitment by a public or private entity to provide maintenance necessary to ensure survival of trees or landscaping.
(5) The project uses trees or other vegetation to reduce consumption of finite energy resources, or to produce energy and other products from urban forests.
(6) The project is located in an area with an unemployment rate in the relevant census tract that exceeds the average unemployment rate for urban areas in California and provides jobs for currently unemployed persons.
(7) The project is educational in nature and develops public awareness of the need for managing urban forest resources.
(b) The Director may exercise discretion in establishing project priorities for the awarding of grants and deviate from the procedure outlined in paragraph (a) above. Such deviation may be made to accommodate seasonal variations in submission of applications, limitations in available funding, and other factors that prevent the approval and priority setting procedures from achieving the purposes of the Act.
NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Sections 4799.08, 4799.10 and 4799.12, Public Resources Code; and Section 1550, 14 CAC.
HISTORY

1. Amendment filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32). 
Article 6. Project Administration
§1555. Notification of Application Status.
Note     •     History

The Director shall notify each applicant whose application has been filed pursuant to Section 1554.2 and reviewed of the status of its application within ten working days of the completion of review. 
(1) For those applications which have been approved and funded, the Director shall notify the applicant that he/she has been awarded a grant for the project. The Director shall forward to the applicant a proposed grant agreement indicating that the final agreement is to be developed through negotiations to represent the interests of both parties and that the funds will be encumbered when a final agreement has been reached. The applicant may then either withdraw its application or complete the negotiations and execute a grant agreement. When the grant agreement is executed, the Director will make the grant funds available to the recipient in the manner and at the times specified in the agreement.
(2) For those applications which have been approved but for which there are no existing funds, the Director shall notify the applicant that he/she will be awarded a grant if funds become available during the fiscal year. If no funds become available during the fiscal year, the Director shall notify the applicant of this and shall encourage him/her to apply for funds during the next period in which the Director requests proposals for urban forestry projects.
(3) For those applications which have not been approved, the Director shall notify the applicant that the application is not high enough on the priority list to receive a grant during this period and shall encourage him/her to apply for funds during the next period in which the Director requests proposals for urban forestry projects.
NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Sections 4799.10 and 4799.12, Public Resources Code.
HISTORY

1. Amendment filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1555.1. Grant Agreements.
Note     •     History

Agreements setting forth the conditions under which an urban forestry project grant is made shall conform to applicable federal and state laws and administrative regulations adopted pursuant thereto. The agreement shall also state that the Director may inspect the project area at any time to assure compliance with the agreement. If upon inspecting the project the Director, or a representative, finds that the project is not progressing in accordance with the agreement, the Director may withhold payments provided that the Director promptly notifies the participant of the reasons for so doing.
NOTE

Authority cited: Sections 4799.10 and 4799.12, Public Resources Code. Reference: Section 4799.12, Public Resources Code.
HISTORY

1. Amendment filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32).
Article 7. Appeal Procedures
§1556. Request for Record Review.
Note     •     History

Within ten days of the receipt of notice that the application has been denied pursuant to 14 CAC 1555, the applicant may request that the Director personally reconsider his/her decision of rejection. The request shall identify the applicant and the proposed project, and shall briefly state the applicant's reasons for requesting reconsideration. The Director shall consider the application and all of the correspondence from interested parties in reviewing the decision.
NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Sections 4799.10 and 4799.12, Public Resources Code.
HISTORY

1. Amendment filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32). 
§1556.1. Final Decision by the Director.
Note     •     History

If the Director finds that the decision to reject the application conforms to these guidelines and the Act, the Director shall uphold the decision. If the Director finds that the decision to reject the application does not conform to these guidelines or the Act, the Director may approve the application.
NOTE

Authority cited: Section 4799.12, Public Resources Code. Reference: Sections 4799.10 and 4799.12, Public Resources Code.
HISTORY

1. Amendment filed 8-2-83; effective thirtieth day thereafter (Register 83, No. 32). 
Chapter 9.8. Chaparral Management
Article 1. Introduction
§1560. Purpose.
Note     •     History

The purpose of these regulations is to implement and make specific provisions of Chapter 525, Statutes of 1980 found in Sections of the Public Resources Code relating to prescribed burning and chaparral management.
NOTE

Authority cited: Sections 4475 and 4475.5(b), Public Resources Code. Reference: Sections 4464, 4475, 4475.5 and 4476, Public Resources Code.
HISTORY

1. New Chapter 9.8 (Articles 1-6, Sections 1560-1569.6) filed 9-16-81; effective thirtieth day thereafter (Register 81, No. 38). 
§1561. Abbreviations.
Note

The following abbreviations apply throughout the Chapter.
APCD means Air Pollution Control District
APCO means Air Pollution Control Officer
CAC California Administrative Code
CEQA California Environmental Quality Act of 1970, as amended, and administrative regulations pertaining thereto.
EIR Environmental Impact Report
m Meter (a metric unit of measure)
PRC Public Resources Code
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467(b) and 4476, Public Resources Code.
§1561.1. Definitions.
Note     •     History

PRC Section Containing Ref. Def.
The definitions set forth in this section and the definitions contained in Sections 4104 and 4464 of the Public Resources Code are applicable to this chapter.

	PRC Sec.
	Containing
	Ref. Def.
“Act” means the provisions of Chapter 525, Statutes of 1980.

“Board” means the State Board of Forestry and Fire
Protection.	700(a),
 	730
“Chaparral” means brush stands that may fall into one or more of three types: “hard” chaparral, “soft” chaparral, and mountain brush.
Hard chaparral is characterized by usually dense stands of tough, upright woody shrubs such as manzanita (Arctostaphylos Spp. Ceanothus Spp.), scrub oak (Quercus Spp.), and chamise (Adenostoma Spp.). These plant communities are highly flammable after 20-30 years, and may burn inadvertently every 20 to 50 years.
Soft chaparral is characterized by shrubs such as sage (Saliva Spp.) buckwheat (Eriogonum Spp.) and sagebrush (Artemisia Spp.). These shrubs tend to be limber, and grow in less dense, more penetrable stands. Because grasses are a common component, this type may burn inadvertently on a more frequent cycle, as little as 2-5 years.
Mountain brush, or forest chaparral, may occur at higher altitudes on large acreages as a secondary succession stage in coniferous forests. Most species are different from those of the “hard” chaparral and include many deciduous species.
“Cost-share” means the proportionate amount of the resources needed for site preparation, prescribed fire operations and liability insurance that is to be provided by each party according to the cost sharing agreement. The state's share of the costs shall bear the same ratio to the total costs of the operation as the public benefits bear to all public and private benefits to be derived from the operation, but will not exceed 90% of the total project cost.
“Cost-sharing agreement” means the written agreement between an eligible landowner and the Department whereby the state assumes responsibility for a percentage of the total cost of the prescribed burning or other hazardous fuels reduction that the state does for the landowner.
“Deer forage lanes” means the narrow strips of treated vegetation through brush stands which provide deer browse and facilitate animal travel.

“Department” means the Department of Forestry and
Fire Protection.	700(a),
	700(b)
“Director” means the Director of the Department of Forestry and Fire Protection or his/her duly authorized representative.
“Eligible landowner” means an owner of property, or any other person meeting the requirements of PRC 4475 and 14 CAC 1562.
“Field capacity” means the amount of water remaining in a well-drained soil when the downward movement of flow into unsaturated soil has become small or negligible.
“Fire hazard” means the fuel complex defined by kind, arrangement, volume, condition, and location that forms a special threat of ignition and suppression difficulty.
“Fish and wildlife habitat improvement” means the changes made to protect or enhance food, escape, resting, nesting, roost cover, and water supplies for wildlife, or to better water flows and other stream conditions for fish and other aquatic life.
“Foreseeable damage” means the predictable undesired effects of a prescribed burn or its aftermath. These effects include, but are not limited to, damage to structures or other improvements, accelerated erosion and sedimentation, air pollution, loss of soil productivity, and other resource damages.
“Forest land” means the land having at least 10% of the area occupied by tree crowns of any size, or formerly having had such tree cover and not currently zoned for uses incompatible with forest management.
“Geologic hazard area” means the site of “foreseeable damage” from erosion or mass earth movement. Factors to be considered in identification of such areas are precipitation, soil characteristics, slope, vegetation cover and geology, including evidence of previous land sliding and dip of bedding planes or jointing systems.
“Participant” means a person who has entered into a cost sharing contract with the Director.

“Person.” 	4464(f)

“Prescribed burning or prescribed fire and other haz-
ardous fuel reduction.”	4464(e),
	4464(a).
“Prevailing costs” means the values of supplies, material and the pay rental rates for services and equipment that are approved by the Board for use by the Director in estimating and computing the cost of completing a prescribed burning or other hazardous fuels reduction project.
“Program” means all the Director's activities relating to the selection, planning, operations, and administration of vegetation management projects.
“Project” means all work necessary to complete the planning, prescription development, preparation of the site or sites, and to complete the prescribed burning or other hazardous fuels reduction treatment of wildlands.
“Project manager” means the designated officer of the Department responsible for working with landowners, preparing prescribed burning or other hazardous fuels reduction plans, determining cost-share ratios, preparing and administering agreements providing leadership of interagency planning to satisfy environmental requirements, and evaluating the results to determine project effectiveness.
“Public benefit” means the improvement in overall welfare resulting from an intentional change in the vegetative cover. Public benefits from vegetation management include reduction of fire hazards, breaking fire/flood cycles, increasing water yields for any beneficial use, improving food and cover for wildlife, increasing forage production for domestic livestock, protection of forests, enhanced esthetics, improving of air quality and recreation potential.
“Rangeland” means the land on which the existing vegetation, whether growing naturally or through management, is suitable for grazing and browsing. “Rangeland” includes any natural grasslands, savannas, shrublands, deserts, woodlands, and wetlands which support a vegetative cover of native grasses, grass-like plants, forbs, shrubs, or naturalized species. “Rangeland” is land that is dominated by vegetation other than trees. Many woodlands (including Eastside ponderosa pine, pinyon, juniper, chaparral, and oak woodlands) are included in “rangelands” because their response to range management principles and activities are similar to those of other shrubby ecosystems.
“Riparian vegetation” means the plant species normally found growing on the moist edges of streams and some lakes. These plants normally have high water-use requirements and usually are incapable of growing on dry hill slopes where they do not have a moisture supply other than residual soil moisture. Typical species include cottonwoods (Populus Spp.), sycamores (Platanus Spp.), willows (Salix Spp.) bay or pepperwood (Umbellularia californica), and alders (Alnus Spp.).
“Site preparation” means the action taken to prepare an area to be burned under prescription. Such preparation may consist of securing control points, providing access for equipment, building temporary firelines and providing water sources.
“Smoke management” means the process of conducting a prescribed burn under specified fuel moisture and meteorological conditions, and using firing techniques that keep the smoke's impact upon the environment within acceptable limits.
“Smoke sensitive areas” means a populated area, an airport, a traveled road or highway, areas designated Class I for visibility standards, or any place where smoke can adversely effect the public health and welfare.
“Snag” means a standing dead tree or a standing section thereof, regardless of species.
“Species diversity” means the variety or number of different plant or animal species in an area.

“State Responsibility Area.”	4125-4128
“Vegetation management” means the planned manipulation of living and dead vegetation to achieve desired results and objectives.
“Watercourse” means any well-defined channel with distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel or soil.

“Watercourse and lake protection zone.”	14 CAC 912,
	932, 952 
“Watershed management” means the protection or enhancement of vegetative cover to provide optimum water yields, to protect water quality, and to minimize soil erosion, flood peaks and downstream sediment damage.
“Wet meadows, marshes, and other wet areas” means those natural areas, except cutover lands as defined in PRC 4522.5, that are moist on the surface throughout most of the year and support aquatic vegetation, grasses, or forbs.

“Wildland.”	4464(f)

“Wildland fuel.”	4464(h)
“Windrow” means plant material and/or debris that has been mechanically or hand-piled into long, continuous rows.
“Zone” means the land use zone designated by the county where the project is taking or will take place.
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4475, 4475.5 and 4476, Public Resources Code. 
HISTORY

1. Amendment of section and Note filed 10-27-2009; operative 11-26-2009 (Register 2009, No. 44).
Article 2. Project Eligibility for Contract
§1562. General Eligibility Criteria.
Note     •     History

The Director may enter into agreements to do prescribed burning or other hazardous fuels reduction projects if all of the following conditions are met:
(a) The applicant is the owner of, or has legal control of, the property on which the project is proposed.
(b) The project is located on wildlands as defined in PRC 4464(f).
(c) The applicant agrees to pay for that portion of the cost, as determined by the Director, to be the private share.
(d) Before any work begins, the participant deposits in a California-licensed financial institution funds equal to the Director's estimate of the private share, or agrees in writing to provide materials, services, equipment, or some combination thereof, in an amount equal to the private share.
(e) The purpose of the agreement includes one or more of the purposes described in PRC 4475(a)(1)-(7).
(f) Notwithstanding other sections of this chapter, the director may waive the landowner cost share requirement where the state's funding source for the project prohibits cost share requirements.
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4464, 4475 and 4476, Public Resources Code. 
HISTORY

1. Amendment filed 10-27-2009; operative 11-26-2009 (Register 2009, No. 44).
Article 3. Contract Application and Cost Sharing Procedures
§1563. Application.
Note

A landowner applying for a cost sharing contract to finance a project should submit, with the assistance of a local CDF officer, an application on a form approved by the Director to the appropriate Department office. The completed application form shall include the following:
(a) the information necessary to identify the applicant as the owner or controller of the property;
(b) the information necessary to specifically identify the proposed project area;
(c) the zoning and intended use of the proposed project area;
(d) a description of the proposed project including, but not limited to, the number of acres to be treated by each method;
(e) a proposed project budget including, but not limited to, a description of the landowner's participation in terms of contributed materials, services, equipment by type and hours of use, and/or amount of direct cost payments;
(f) the environmental information required by the Director as part of the application;
(g) an erosion control and land management plan approved by the Director. The management plan shall include maps and descriptive material necessary to:
(1) determine if the proposed project will achieve the landowner's objectives and the purposes of the Act, CEQA, and other state laws; and
(2) evaluate the potential of the project to improve the management of the environment and natural resources including, but not limited to, recreation, esthetics, soils, timber, water, fish, and wildlife.
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4461-4464, 4475-4478, Public Resources Code. 
§1564. Cost Sharing Schedules.
Note     •     History

Pursuant to PRC 4475.5, the Director may enter into agreements with eligible landowners whereby the Director may share the cost of eligible practices.
(a) The State may assume a proportionate share of the cost of site preparation and prescribed burning, and other hazardous fuel reduction not to exceed 90% of the total costs, except as provided in section 1562(f). The state's share of such costs shall bear the same ratio to the total costs of the operation as the public benefits bear to all public and private benefits from the operation as estimated and determined by the Director.
(b) In estimating and determining the public and private benefits, the Director shall be guided by the following standards:
(1) use of the formula:

	X = ( B1 )
	T   B1 + B2
	X = state's share of cost
	T = total project cost
	B1 = estimate of public benefits
	B2 = estimate of private benefits

	and
	X is not > 0.9
	T
(2) benefits shall be limited to benefits occurring within ten years of the completion of the contract;
(3) benefits shall be divided into two classes: public and private. Public and private classes shall be further subdivided into seven categories: fire hazard reduction; water yields; watershed stabilization; wildlife habitat improvement; fisheries habitat improvement; air quality improvement; and range forage improvement; 
(4) benefits shall be described qualitatively under each of these classes and categories, and, where feasible, shall be quantified and valued by department employees consistent with procedures to be enumerated in the Department's administrative manual;
(5) the Director shall arrange the projects in order of their priority for funding as money is available, consistent with Section 1566;
(6) all or part of the total costs to prepare the site and conduct the burn or other hazardous fuels reduction action, and which is the participant's share, may be met by the value of necessary materials, services, or equipment time and use. The above costs shall be determined by the Department, using the prevailing costs. (14 CAC 1564.1)
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4464, 4475.5 and 4476, Public Resources Code. 
HISTORY

1. Amendment of first paragraph and subsections (a) and (b)(6) filed 10-27-2009; operative 11-26-2009 (Register 2009, No. 44).
§1564.1. Prevailing Cost.
Note

The Director shall submit annually to the Board a schedule of the prevailing costs to perform work eligible for cost sharing payments. The schedule shall apply to all cost sharing contracts signed in the next fiscal year. Amendments to prevailing costs schedules may be submitted to the Board by the Director at any time.
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4464, 4475.5 and 4476(f), Public Resources Code. 
Article 4. Project Review Procedures and Evaluation Criteria
§1565. Application Review and Filing.
Note

(a) The Director shall continuously accept and review, subject to available resources, applications for cost sharing contracts.
(b) Only when an application is complete and a project is eligible for cost sharing shall the Director file that application.
NOTE

Authority cited: Section 4475.5, Public Resources Code. Reference: Sections 4475 and 4475.5, Public Resources Code. 
§1565.1. Notice of Project Application.
Note

The Director may provide notice above and beyond that already required by CEQA by sending copies of filed applications to owners of contiguous land, the Department of Fish and Game, the Department of Parks and Recreation, the appropriate county planning agency, the California Regional Water Quality Control Board, or any other agency with responsibilities related to the project, and the interested public.
NOTE

Authority cited: Section 4475.5 and 21092, Public Resources Code. Reference: Sections 4475.5 and 21092, Public Resources Code.
§1565.2. Preliminary Project Review.
Note

(a) Upon receipt of an application, the Department shall conduct a preliminary review of the project and shall:
(1) inspect such land in the presence of the applicant to determine whether a cost sharing contract shall be prepared and executed;
(2) determine the manner in which the site for each prescribed burn shall be prepared;
(3) determine the necessary precautions to prevent damage to the property of others by reason of such burning; and
(4) determine whether the plans are consistent with the Program EIR, or whether an additional environmental evaluation is required by CEQA to determine if the applicant, the parcel, and the specific practices proposed for the project satisfy the purposes and criteria set forth in the Act, these procedures, CEQA, and all other applicable state laws, regulations, and administrative procedures.
(b) If the Director is unable to make the determination set forth in Paragraph (a)(1) of this section, then the Director shall return the application to the applicant and state the additional conditions, if any, under which the Director would be able to make such a determination. Upon receiving the returned application, the applicant may either:
(1) incorporate such additional conditions into the proposed project and resubmit the application for preliminary review; or
(2) request that the Director personally reconsider his/her decision pursuant to 14 CAC 1568.
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Section 4475, Public Resources Code. 
§1566. Ranking and Approval of Filed Applications.
Note

The Director shall periodically rank all filed applications for cost sharing contracts by considering, but not being limited to the following criteria: Projects having highest total scores, when all benefits are added, consistent with the provisions of 14 CAC 1564(b); determination that project location is of highest regional priority for fire hazard reduction. The Director shall then approve filed applications in order of priority, giving consideration to administrative constraints such as seasonal variations in applications and the availability of funds that might apply to different types of projects.
NOTE

Authority cited: Section 4475(b), Public Resources Code. Reference: Section 4475, Public Resources Code. 
Article 5. Request for Reconsideration of Rejected Applications
§1567. Rejection of Application.
Note     •     History

Whenever the Director rejects an application for a project, or establishes conditions following a Preliminary Review that are unacceptable to the applicant, the Director shall return the application to the applicant and state the reasons for rejecting the application.
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Section 4475, Public Resources Code. 
HISTORY

1. Amendment filed 10-27-2009; operative 11-26-2009 (Register 2009, No. 44).
§1568. Director's Decision Final.
Note

(a) Within ten days of receipt of he returned application the applicant may request that the Director personally reconsider his/her decision of rejection. The request shall identify the applicant and the proposed project, and shall briefly state the applicant's reason for requesting reconsideration. The Director shall consider the application and all of the correspondence from interested parties in reviewing his/her decision.
(b) If the Director finds that his/her decision to reject the application conforms to these regulations, the Director shall uphold the decision. If the Director finds that his/her decision to reject the application does not conform to these regulations, the Director may approve the application.
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Section 4475, Public Resources Code. 
Article 6. Resource Protection
§1569. Resource Protection Guidelines.
Note

Resource Protection Guidelines (14 CAC 1569.1, 1569.6) have been established for chaparral management in order to minimize damage from chaparral management practices. These guidelines shall be a part of the management plan submitted by an applicant. The management plan should demonstrate compliance with applicable sections of this article.
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Section 4475, Public Resources Code.
§1569.1. Wildlife Protection.
Note

(a) Riparian vegetation found along streams and lakes and within marshes, wet meadows, and other wet areas, shall be retained and protected except when managed as part of a fish and wildlife habitat improvement practice, and necessary measures to minimize damage from these practices have been implemented.
(b) All live trees and snags with visible evidence of use as nesting and roosting sites by rare, endangered, or threatened bird species, shall be left undisturbed. Participants are encouraged to leave all snags near streams, lakes and meadows undisturbed.
(c) No projects shall be performed on lands known to support populations of state-listed rare and endangered animals or plants unless an environmental review conducted according to 1565.2(a)(4) indicates that the proposed project(s) will improve such habitat.
(d) Participants are encouraged to retain some older, acorn-producing oaks, to create deer forage lanes in brushfields, and to plant other vegetation to promote species diversity and improve wildlife habitat when such practices are not in conflict with program goals.
(e) If existing vegetation, other than riparian species, is necessary to maintain stream temperatures, such vegetation shall not be removed.
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467, 4475, 21001(a), (b), (c), (f), 21002, Public Resources Code.
§1569.2. Watercourse and Lake Protection.
Note

(a) Throughout the course of the project, the applicant shall keep the watercourse and lake protection zone free of slash, debris, and other material that will harm fish, wildlife, or other beneficial uses of water. Accidental deposits shall be removed immediately.
(b) No tractors, trucks, cars, or other machinery shall be serviced adjacent to lakes or watercourses, or within wet meadows and other wet areas, or in other areas where such servicing will permit grease, oil, fuel, or other toxic substances to enter lakes, watercourses, or wet areas.
(c) Except when performing fish and wildlife habitat improvement practices or forest land conservation practices, heavy earth-moving equipment working on the project area shall be prohibited from working within 15.24m (50 feet) slope distance above the watercourse or lake protection zone. Wider protection zones may be required following an environmental review of the project conducted according to 14 CAC 1565.2(a)(4).
(d) The participant shall be responsible for complying with applicable sections of the Fish and Game Code and local ordinances.
(e) The project's impact on domestic water supplies shall be considered during the project design stage.
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467, 4475, 21001(a), (b), (c), (f), 21002, Public Resources Code.
§1569.3. Wet Meadows, Marshes, and Other Wet Areas.
Note

No activities shall be permitted in wet meadows, marshes, and other wet areas unless such activities are forest land conservation practices or fish and wildlife habitat improvement practices, and necessary measures to minimize damage from these practices have been implemented.
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467, 4475, 21001(a), (b), (c), (f), 21002, Public Resources Code.
§1569.4. Erosion Control.
Note

(a) Activities on identified geologic hazard areas shall be avoided.
(b) Brush removed from slopes with a bulldozer shall be windrowed along the contour. Windrowed brush may be disposed of by burning or any other appropriate methods prior to planting or seeding.
(c) Heavy equipment shall not be operated on the project area when soils are approaching field capacity, or when such activity would cause excessive soil damage.
(d) Heavy equipment shall not be operated on known potential or active slide areas.
(e) Planned type conversions from shrub species to grass shall be limited to situations that will neither cause accelerated erosion, nor contribute to landslides or other mass wasting, and that are edaphically appropriate.
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467, 4475, 21001(a), (b), (c), (f), 21002, Public Resources Code. 
§1569.5. Use of Chemicals.
Note

The applicant shall assure that all chemicals used for site preparation and follow-up work shall be applied in accordance with all federal, state, and local laws and regulations.
NOTE

Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 21001(a), (b), (c), (f), 21002, Public Resources Code; Sections 14006 and 14011, Food and Agricultural Code.
§1569.6. Smoke Management.
Note

(a) Each project plan shall include a Smoke Management Plan. The Plan shall make provisions to prevent the significant deterioration of air quality through prescribed burning and to direct smoke away from smoke sensitive areas.
(b) The Plan shall follow the guideline and checklist of the Chaparral Management Environmental Impact Report.
(c) Local Air Pollution Control District rules with respect to smoke emissions will be followed.
(d) Each permit shall include the statement: “This permit is valid only on those days during which agricultural burning is not prohibited by the State Air Resources Board or by a district pursuant to Section 41855 of the Health and Safety Code.”
(e) Burning shall only be allowed on Burn Days as determined by the Air Resources Board, except on areas declared to be fire hazards.
(f) A permit to burn on No-Burn days may be obtained from an Air Pollution Control District when denial to burn would threaten imminent and substantial economic loss.
(g) On burns prescribed to improve the wildlife habitat, a written statement shall first be obtained by the permittee from the Department of Fish and Game certifying that the burning is desirable and proper for the improvement of land for wildlife or game habitat. This statement shall be provided by the local Fish and Game Officer assigned to the project and will be filed with the local air pollution control officer.
(h) On completion of a burn, a report shall be submitted to the local district or APCO stating the following information:
(1) Date of the burn
(2) Type of vegetation burned
(3) Estimated acreage or tonnage of vegetation burned.
NOTE

Authority cited: Section 4475.5(b), Public Resources Code; Section 13055 and 41801, Health and Safety Code. Reference: Sections 4141, 4142, 21000, 21001(a), (b), (c), (f), and 21002, Public Resources Code.
Chapter 9.9. Forest Legacy Program
Article 1. Introduction
§1570. Purpose of Chapter.
Note     •     History

The purpose of this chapter is to define rules and procedures necessary for implementation of the California Forest Legacy Program, hereinafter called the “Program.” The Program is a combination of the requirements of the California Forest Legacy Program Act of 2007 and the Federal Forest Legacy Program that provides funding and general guidelines for projects purchased with federal funds.
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Section 12249, Public Resources Code; and 16 U.S.C. Section 2103 et seq.
HISTORY

1. New chapter 9.9 (articles 1-7, sections 1570-1576), article 1 (section 1570) and section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
Article 2. Definitions and Abbreviations
§1571. Definitions.
Note     •     History

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
“Act” means the California Forest Legacy Program Act of 2000. 
“Applicant” means a landowner who is proposing a project for inclusion in the Program and is eligible for cost-sharing grants pursuant to the Federal Forest Legacy Program (16 U.S.C. Section 2103 et seq.) or who is eligible to participate in the California Forest Legacy Program and the operation of the Program, with regard to that applicant, does not rely on federal funding.
“Assessment of Need (AON)” refers to the California Forest Legacy Program Assessment of Need submitted to the USFS in August, 1995, and amended in September, 2000. 
“Baseline documentation” means a depiction or description of the land on the date the easement restrictions become effective. 
“Biodiversity” means a component and measure of ecosystem health and function. It is the number and genetic richness of different individuals found within the population of a species, of populations found within a species range, of different species found within a natural community or ecosystem, and of different communities and ecosystems found within a region. 
“Board” means the State Board of Forestry and Fire Protection. 
“Conservation easement” has the same meaning as found in Chapter 4 (commencing with Section 815) of Title 2 of Part 2 of Division 2 of the Civil Code.
“Conversions” is a generic term for land use situations in which forest lands become used for nonforest uses, particularly those uses that alter the landscape in a relatively permanent fashion. 
“Department (CAL FIRE)” means the Department of Forestry and Fire Protection. 
“Director” means the Director of Forestry and Fire Protection. 
“Eligible Activities” include purchases of land or interests in land from willing sellers, facilitation of donations of lands or interests in lands to a qualified and willing grantee, and establishment and documentation of baseline conditions and development of a Forest Stewardship Plan.
“Federal Appraisal Standards” means the appraisal standards contained in the publication entitled “Uniform Appraisal Standards for Federal Land Acquisitions: Interagency Land Acquisition Conference, 1992”. 
“Federal Forest Legacy Program Implementation Guidelines” means those guidelines that direct the Program when federal funds are utilized for eligible activities under the Program.
“Forest land” is land that can support 10-percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. 
“Forest Legacy Area (FLA)” means areas designated in the AON to be included in the Program. 
“Forest Management” means those forest activities, including timber harvesting, consistent with the purposes of this chapter. 
“Forest Stewardship Plan” means a multi-resource management plan prepared for the purpose of achieving long-term stewardship of forest land. Necessary components are landowner objectives and actions that will protect and manage soil, water, range, aesthetic quality, recreation, timber, and fish and wildlife resources. 
“Fully Funded Project” means an application that has been allocated, through a single or multiple grants, the full “asking” price for the interest in the property.
“Landowner” means an individual, partnership, private, public, or municipal corporation, Indian tribe, state agency, county, or local government entity, educational institution, or association of individuals of whatever nature that own private forest lands or woodlands. 
“Lands or Interests in Lands” means either an outright fee simple purchase or an interest in land such as a conservation easement. 
“Local government” means a city, county, district, or city and county. 
“Maximum Sustained Production of High Quality Timber Products (MSP)” is the production goal in a Timber Harvest Plan, Sustained Yield Plan or Nonindustrial Timber Management Plan. MSP is achieved by meeting requirements of Sections 913.11, 933.11, 953.11 of Title 14 of the California Code of Regulations, or as otherwise provided in Article 6.8, Subchapter 7 of these regulations.
“Monitoring” means a visual inspection of the property, occurring no less than once a year, and documented by a written report to explain the condition of the property at the time of inspection. 
“Nonfederal Match” means one of three main categories of activities that meet this requirement: 1) the value of land, or interests in land, dedicated to the FLP that is not paid for, or donated to, the federal government; 2) non-federal costs associated with Program implementation; and 3) other non-federal costs associated with a grant or other agreement which meets FLP purposes. 
“Nonforest Uses” include uses of the land inconsistent with maintaining forest cover (including, but not limited to, activities that result in extensive surface disturbance such as residential subdivisions, commercial development, and mining) and uses of the land that may be compatible with forest uses as part of an undeveloped landscape (including cultivated farmland, pasture, rangeland, open water and wetlands). The first category is generally excluded from the Federal forest Legacy Program while the second category should be less than 25% of the total easement area. 
“Nonprofit organization” means any qualified land trust organization, as defined in Section 170(h)(3) of Title 26 of the United States Code, that is organized for one of the purposes of Section 170(b)(1)(A)(vi) or 170(h)(3) of Title 26 of the United States Code, and that has, among its purposes, the conservation of forest lands. 
“Non-trust Allotment Land” means land privately owned in fee simple by tribal members. Forested Non-trust Allotment Lands are eligible for the Federal Forest Legacy Program when located within a Forest Legacy Area (FLA).
“Program” means the California Forest Legacy Program established under this chapter. 
“Project” means a proposal(application)to the State for the acquisition of lands or interests in lands that has been fully or partially funded.
“State Forest Stewardship Coordinating Committee (SFSCC)” is a committee, established as a requirement of the Program, to make recommendations to the U.S. Secretary of Agriculture concerning those forest lands that should be given priority for inclusion in the Forest Legacy Program. (Cooperative Forestry Assistance Act, 16 U.S.C. §2113). Members include State Foresters, or equivalent State officials, and representatives from the following agencies, organizations, or individuals: U.S. Forest Service; Natural Resource Conservation Service; Farm Services Agency; Cooperative State, Research, Education and Extension Service; local government; consulting foresters, environmental organizations; forest products industry; forest landowners; tribal representatives; land trusts; conservation organizations; the California Department of Fish and Game; and others determined appropriate by the Secretary.
“Traditional Forest Uses” include activities which provide various public benefits including forest products, forage, clean water, fish and wildlife habitat, rare and native plants, public recreation access, cultural resources, and/or scenic enjoyment. 
“WCB” means the Wildlife Conservation Board. 
“Woodlands” are forest lands composed mostly of hardwood species such as oak. 
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Sections 700, 730, 4799 and 12200-12292, Public Resources Code; Section 1320, Fish and Game Code; 16 U.S.C. Section 2103 et seq.; and 14 CCR Sections 913.11, 933.11 and 953.11. 
HISTORY

1. New article 2 (section 1571) and section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
Article 3. Eligibility.
§1572. Eligibility Criteria.
Note     •     History

(a) Every application shall provide sufficient information to enable the Director to verify the parcel's eligibility for the Program and to understand the conservation objectives and the parcel's environmental value or potential to protect forest and aquatic resources.
(b) Proposed projects shall meet the eligibility criteria set forth in this section prior to review pursuant to the ranking criteria set forth in Section 1573.3. To be eligible for participation, private forest land parcels proposed for inclusion in the Program shall comply with all of the following:
(1) Be threatened by potential conversion.
(2) Be owned by landowners who are willing and interested in selling or donating lands or interests in lands.
(3) Be forested with at least 10-percent canopy cover by conifer or hardwood species, or be capable of being so forested under natural conditions.
(4) Possession of one or more environmental values of great concern to the public and the state:
(A) Important fish and wildlife habitat.
(B) Areas that can help maintain habitat connectivity across landscapes.
(C) Rare plants. 
(D) Biodiversity.
(E) Riparian habitats.
(F) Oak woodlands.
(G) Ecological old growth forests.
(H) Other key forest types and seral stages that are poorly represented across California.
(I) Lands that directly affect water quality and other watershed values.
(5) Provision for continuity of one or more traditional forest uses, such as timber harvesting and rangeland livestock production which is utilized for economic purposes, or habitat maintenance and restoration that addresses fire hazard, mortality from pests and disease, carbon storage, restocking of underutilized forests, and reduction of non-native invasive species. 
(6) Possession of environmental values that can be protected and managed effectively through conservation easements at reasonable costs.
(7) Be at least partially within or adjacent to a Forest Legacy Area.
(8) Be available for future timber harvesting, grazing or recreation (e.g. hunting, fishing, hiking and other similar uses) and not be prohibited from these activities by any statute, previous conservation easement, or other regulatory requirements.
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Sections 12250 and 12251, Public Resources Code.
HISTORY

1. New article 3 (sections 1572-1572.2) and section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
§1572.1. Eligible Costs.
Note     •     History

The following costs are eligible for reimbursement by state or federal funding:
(a) the purchase price of the lands or interests in lands;
(b) the development of the conservation easement; 
(c) development of the Forest Stewardship Plan;
(d) the title report;
(e) the survey work necessary to qualify for a certificate of possession and documentation of the presence or absence of hazardous material;
(f) baseline documentation; and
(g) the appraisal costs to the standard dictated by funds used. 
If federal funds are used for the project the appraisal must meet Federal Appraisal Standards. Federal funds can not be used for appraisals of outright donations of easements. All Federal Forest Legacy Program funds, regardless of the category to which they are allocated, are subject to a 25% nonfederal match. 
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Section 12242, Public Resources Code; and 16 U.S.C. Section 2103 et seq. 
HISTORY

1. New section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
§1572.2. Ineligible Costs.
Note     •     History

The cost of the following activities shall not be financed by funds from the Act:
(a) appraisals of outright donations of conservation easements; and
(b) monitoring.
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Sections 12260(f) and 12276, Public Resources Code; and 16 U.S.C. Section 2103 et seq.
HISTORY

1. New section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
Article 4. Application Procedures
§1573. Applications and Content.
Note     •     History

Every application shall provide sufficient information to enable the Director to verify the parcel's eligibility for the Program and to understand the conservation objectives and the parcel's environmental value or potential to protect forest and aquatic resources. Landowners proposing parcels to be considered for inclusion in the Program shall be required to submit an application, provided by the Director, titled “California's Forest Legacy Application” (rev. March 2005), found at http://www.fire.ca.gov/resource_mgt/downloads/2005- 06LegacyApplicationForm.pdf, and herein incorporated by reference, that includes, but is not necessarily limited to, the following information:
(a) name and address of landowner;
(b) location, zoning, acreage, and uses of the property;
(c) how title is to be conveyed;
(d) landowner goals and objectives; 
(e) an evaluation of the values of the parcel as they pertain to riparian and hydrological areas, vegetation type, recreational opportunities, scenic and cultural resources, forest productivity, fish and wildlife habitat, threatened and endangered species, ecological community and connectivity, conversion threats, acquirability, and manageability;
(f) financial information regarding estimated value of the property, estimated value of the interest to be conveyed to the Program, additional funding sources, liens and encumbrances;
(g) preliminary information on what rights are to be retained or conveyed within the conservation easement; and
(h) the signature of the landowner or legal agent allowing Department personnel or their agents access to the property, at a mutually agreeable time, for purposes of verifying eligibility and/or determining ranking.
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Section 12250, Public Resources Code.
HISTORY

1. New article 4 (sections 1573-1573.6) and section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
§1573.1. Applications Review.
Note     •     History

The Director shall determine whether the application proposed for inclusion in the Program meets the eligibility criteria prescribed by Section 1572. The Director shall determine eligibility of an application within 180 days of the date of receipt, and shall notify the applicant in writing of approval or disapproval of the application within 10 days of the decision of the Director. The written notice regarding a disapproval decision shall state the reason for the disapproval of the application and what changes, if any, can be made to warrant a re-submittal.
Parcels for which applications have been submitted shall require a field review by representatives of CAL FIRE and also may require a field review by representatives of the Department, USDA Forest Service and/or members of the SFSCC and/or representatives of the WCB and/or personnel from other agencies as may be necessary to assess the eligibility and the environmental value of the proposed parcel.
NOTE

Authority cited: Sections 12249 and 12249.6, Public Resources Code. Reference: Sections 12250 and 12263, Public Resources Code.
HISTORY

1. New section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
§1573.2. Disapproval of Application.
Note     •     History

The Director may disapprove an application in any of the following circumstances:
(a) The application does not satisfy the eligibility criteria or selection criteria.
(b) Clear title to the specified interest (i.e. conservation easement or fee simple title) in the land cannot be conveyed.
(c) At the time funding was requested, other projects ranked higher.
(d) There is insufficient money allocated through the federal or state process to carry out the acquisition.
(e) The applicant requires a government entity other than the Department of Forestry and Fire Protection to hold title to the easement, when the primary purpose of said easement would be conservation of working forest lands (not applicable to lands primarily conserved for wildlife or recreational purposes).
(f) Other relevant considerations may be established by the Director on a case-by-case basis including, but not limited to, when the parcel cannot be effectively managed or monitored.
NOTE

Authority cited: 12249, Public Resources Code. Reference: Section 12264, Public Resources Code.
HISTORY

1. New section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
§1573.3. Priority Ranking of Approved Applications.
Note     •     History

(a) Each approved application shall be ranked based upon the extent to which it satisfies the following selection criteria: 
(1) The nature of the environmental values proposed for protection, and whether they can be managed and monitored efficiently and effectively.
(2) Whether the parcels are likely to become isolated from other areas maintained for key forest resources by development on adjacent parcels.
(3) The parcel's proximity to other protected lands.
(4) Whether the landowner's management goal for his or her parcel is compatible with the resource protections he or she is proposing.
(5) Whether a nonprofit land trust organization, public agency, or other suitable organization has expressed an interest in working with the Department and the landowner to establish and/or monitor the easement.
(6) Whether other sources of funding for easement acquisition, closing costs, monitoring, and other costs, are available.
(b) Where Federal funding for an application is sought, ranking shall be in accordance with the criteria specified in the Federal “Project Scoring Guidance” (rev. June 2010), herein incorporated by reference. 
(c) Preferential ranking shall be given to those applications with one or more of the following selection criteria:
(1) Applications that have timber harvesting which is utilized for economic purposes, delivered to mills or cogeneration biomass plants, and generates revenue and employment. 
(2) Applications with rangeland forage cover that is utilized for commercial grazing operations.
(3) Applications that produce forest product yields on a continuous/periodic basis, and have long-term harvesting plans. 
(4) Applications that harvest and utilize forest products such that actions reduce fire hazard, mortality from pests and disease, increases total carbon storage, and provides biomass for purposes of offsetting fossil fuel use.
(5) Applications that have fewer limitations or exclusions to commercial timber harvesting or rangeland forage grazing.
(6) Applications that include restocking of underutilized forests and improve growth rates on the forest land.
(7) Applications with land zoned as Timber Production Zones. 
(8) Applications which include improvement of livestock forage conditions and reduction of non-native invasive species that adversely affect forage conditions and other natural species habitats.
(9) Applications with high site productivity for production of timber or livestock grazing forage.
(d) Other relevant considerations may be established by the Director on a case-by-case basis. 
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Section 12260, Public Resources Code.
HISTORY

1. New section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
§1573.4. Submitting Ranked Applications to the United States Forest Service.
Note     •     History

Once a year, following written direction from the USDA Forest Service (USFS), the Director shall rank all accepted applications. The list of ranked applications shall be submitted to the USFS. 
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Sections 12240 and 12260, Public Resources Code; and 16 U.S.C. Section 2103 et seq.
HISTORY

1. New section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
§1573.5. Availability of State Funds.
Note     •     History

Projects may be funded with California Forest Legacy Program funds or other State funding sources if sufficient funds are allocated for that purpose.
The Director shall seek a resolution from the Board when necessary to enter into agreements with other government agencies or boards to fund FLP projects.
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Section 12241, Public Resources Code.
HISTORY

1. New section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
§1573.6. Non-Funded or Partially Funded Applications.
Note     •     History

Applicants whose projects were on the list of ranked applications submitted to the USFS pursuant to Section 1573.4 but did not receive funding shall be notified. Non-funded and partially funded applications will automatically be considered for the next cycle of funding unless the applicant wishes to withdraw the application. Applications may be amended at this time pursuant to Section 1573.1.
Held-over applications and amended eligible applications will be ranked each year with new applications according to Section 1573.3.
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Section 12241, Public Resources Code.
HISTORY

1. New section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
Article 5. Conservation Easements
§1574. Conservation Easement Terms and Conditions.
Note     •     History

(a) Recreation projects that perpetually prohibit timber harvest and or grazing are limited to not more than 15% of the timberland and not more than 15% of the grazing land respectively.
(b) Perpetual protections that prohibit timber harvesting are limited to not more than 15% of the property.
(c) Perpetual forest management prescriptions on all of the timberland on the property, except that timberland preserved pursuant to (a) or (b) above, will provide for the long term optimization of MSP. 
(d) Perpetual forest management prescriptions that provide for the long term optimization of MSP shall also contribute to the long term protection and rehabilitation of watershed function, hydrologic stability and wildlife habitat.
(e) Perpetual protections shall include the prohibition of the building of structures and roads in any capacity other than for the potential purposes of: 
(1) Owner and on-property management & labor housing. 
(2) Open-space based commercial recreation. 
(3) Production, processing or value added manufacturing of forest or rangeland derived products produced on the property. 
(4) The generation or capture of energy from wind, solar, or hydroelectric. 
(5) Placement of cell phone towers. 
(6) The Director may place restrictions, such as to size and location, for any or all of the purposes described in (1) through (5) above and may require the grantor to seek grantee's prior written approval. When such written approval is required, grantee shall consider the cumulative impact of all structures and improvements, and shall not approve such structures or improvements that cumulatively violate the conservation purpose or materially impair the conservation values. 
(f) Perpetual protections shall include the prohibition of the severance of property rights on the property in any capacity other than for the potential purposes of: 
(1) Property line (lot line) adjustments with contiguous owners of conservation easement property meeting these criteria herein, and with the express approval of the Conservation Easement trustees of both properties. 
(2) Egress and regress right-of-way may be granted to in-holders or landlocked landowners, where the granting of such rights will constitute a contribution to the conservation values of the region. 
(g) The Director may require the Department of Forestry and Fire Protection to hold title (be named grantee) to those conservation easements that are primarily for the purposes of conserving working forest lands. 
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Section 12249, Public Resources Code; and 16 U.S.C. Section 2103 et seq.
HISTORY

1. New article 5 (section 1574) and section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
Article 6. Project Administration
§1575. Funded Applications (Projects).
Note     •     History

For those projects which have been fully or partially funded, the Director shall notify the applicant that he/she has been awarded funding for the project. 
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Section 12262, Public Resources Code.
HISTORY

1. New article 6 (sections 1575-1575.3) and section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
§1575.1. Responsibilities of the Department.
Note     •     History

The Director shall send to each approved applicant a Preliminary Purchase Agreement outlining what, in general, is to be purchased and the tasks to be completed, and stating that the specific terms will not be known until the appraisal is complete (if the project is not a donated easement).
The purpose of the Preliminary Purchase Agreement is to define the nature of the work to be done and who will do it. The Department shall work with the landowner and/or their representative to obtain items necessary to complete the project; these may include, but are not limited to, the preliminary title report, survey for certificate of possession, hazardous materials assessment, and, where applicable, development of the conservation easement and appraisal. 
Except in the case of a full and complete donation of land or interest in land the following shall apply with regard to land or interest in land subject to inclusion into the Program: 
(a) the landowner must be informed of the fair market value of that sale of the property and that the sale is strictly voluntary;
(b) the landowner must be informed that Federal and/or State appraisal standards must be met;
(c) the landowner must be notified in writing that the property will not be purchased if negotiations do not result in amicable agreement; and
(d) the landowner must be informed that payment for lands or interests in lands shall be no more than fair market value as determined by the appraisal. 
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Section 12249, Public Resources Code.
HISTORY

1. New section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
§1575.2. Landowner Responsibilities.
Note     •     History

Applicants whose projects are fully funded (i.e., funds allocated to the project sufficient to satisfy the landowner's “asking” price, but not in excess of the appraised value) must complete their project within two years of the state receiving grant funds for their project and will be required to:
(a) Work with the state to obtain those items necessary to complete the project; these may include, but are not limited to, the preliminary title report, survey for certificate of possession, hazardous materials assessment, and, where applicable, development of the conservation easement and appraisal.
(b) Except in cases of a full and complete donation of land or interest in land, select and retain an independent real estate appraiser to determine the value of the lands or interests in lands which shall be calculated by determining the difference between the fair market value and the restricted value of the property. This appraisal must be to State and/or Federal Appraisal Standards and will be subject to review by a qualified review appraiser. CAL FIRE approval of the appraiser and the agreement on the land to be appraised is required prior to commencement of appraisal.
(c) Convey interest in lands to achieve the land conservation objectives of the Program.
(d) Convey those interests in perpetuity. 
(e) Prepare and periodically update a management plan, equivalent to, or better than, a Forest Stewardship Plan. 
(f) Manage property in a manner consistent with the purposes for which the land was entered into the Program with no conversion to other uses unless such uses are specifically allowed within the terms of the conservation easement, furthermore hunting, fishing, hiking and similar recreational uses shall be considered to be consistent with the purposes of the Program.
(g) Endow or secure funding for monitoring costs.
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Section 12262, Public Resources Code; and 16 U.S.C. Section 2103 et seq.
HISTORY

1. New section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
§1575.3. Disbursements of Funds.
Note     •     History

The Director shall not disburse any funds until: 
(a) The applicant agrees that any conservation easement acquired shall be used by the applicant only for the purposes for which the funds were requested.
(b) The conservation easement meets the following minimum standards:
(1) Restrictions to timber management shall be limited to those that will continue to provide MSP.
(2) The property-wide purpose of the easement is to maintain the property's capacity for producing natural resources and supporting a range of associated economic activities including traditional uses such as agriculture, forestry, and recreation.
(c) The applicant agrees to restrict the use of the land in perpetuity.
(d) The Director finds that any disposition of the easement is consistent with, and in furtherance of, the purposes of this chapter, that the recipient of the easement is qualified to monitor and enforce the easement, and that the conservation provisions of the easement remain in effect following the transfer.
NOTE

Authority cited: Section 12249, Public Resources Code. Reference: Section 12245 and 12248, Public Resources Code. 
HISTORY

1. New section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
Article 7. Easement Monitoring and Management
§1576. Responsibilities for Monitoring.
Note     •     History

The Department, or other government entity, or nonprofit land trust organization acquiring an easement pursuant to this chapter shall monitor, in perpetuity, that easement in order to assess the condition of the resources being protected and to ensure that the terms of the easement are being followed. Entities acquiring easements may also enter into cooperative agreements for monitoring responsibilities with another qualified entity.
The Department shall ensure that any entity acquiring a conservation easement acquired pursuant to this chapter has adequate funding for, or otherwise adequately provides for, easement monitoring pursuant to this chapter, and is able to enforce the easement if its provisions are not satisfied.
Monitoring shall occur no less than once a year and include at a minimum: evaluation of overall condition of the property compared to the condition documented in the Baseline Conditions Report, including a comparison of observed conditions to both the baseline photos and the aerial photos; observations of any violations of terms of the conservation easement; and review of pertinent documentation, e.g., timber harvesting documents, inspection reports, mill receipts, etc. 
A written report with a qualitative assessment of compliance with the terms of the conservation easement shall be sent by the monitoring entity to the easement holder within 30 days of visual inspection; any significant differences from the baseline conditions should be noted. The easement holder should immediately address any violation of the conservation easement with the landowner. The landowner should have an opportunity to correct the breach. After a reasonable time period, if the breach is not corrected, enforcement action may be taken, including but not limited to legal action. The entity holding the conservation easement has the responsibility to enforce the conservation easement. 
NOTE

Authority cited: Section 12249, Public Resources Code; and 16 U.S.C. Section 2103 et seq. Reference: Sections 12242, 12275 and 12276, Public Resources Code.
HISTORY

1. New article 7 (section 1576) and section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17). 
Chapter 10. Registration of Professional Foresters*

* Formerly Subchapter 10 of Chapter 2, Division 2, Title 14, Cal. Adm. Code.
Article 1. General Provisions
§1600. Definitions.
Note     •     History

For the purposes of the rules and regulations contained in this chapter, the term:
“Board” means the State Board of Forestry.
“Certified Specialist” refers to a person who holds a valid certification in a specialty created by the Board.
“Code” or “PRC” refers to the Public Resources Code, unless otherwise specified.
“Committee” or “PFEC” means the Professional Foresters Examining Committee.
“Executive Officer” refers to the Executive Officer, Foresters Licensing.
“Forest Resources” means those uses and values associated with, attainable from, or closely tied to, forested landscapes, and includes but is not limited to aesthetics, fish, forage, recreation, soil, timber, water and watersheds, wilderness, and wildlife.
“Registered Professional Forester” or “RPF” refers to a person who holds a valid license as a professional forester pursuant to the provisions of the code.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 752, 760.5, 762, 763 and 730, Public Resources Code.
HISTORY

1. Redesignation from chapter 9 (sections 1601-1650, not consecutive) to chapter 10 (sections 1601-1650, not consecutive) filed 5-19-78 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20). For prior history, see Registers 77, Nos. 14 and 32; and 73, Nos. 10 and 23.
2. Renumbering and amendment of former section 1604 to section 1600 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). 
3. Amendment filed 4-28-94; operative 5-30-94 (Register 94, No. 17).
§1601. Board of Forestry Address.
Note     •     History

All correspondence relating to Professional Foresters Registration, including remittances and renewal fees, shall be directed to the principal offices of the State Board of Forestry located in the Resources Building, 1416 Ninth Street, Sacramento, or by mail to P.O. Box 944246, Sacramento, California 94244-2460.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 761 Public Resources Code.
HISTORY

1. Renumbering and amendment of former Sections 1601 and 1602 to Section 1601 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). For prior history, see Registers 78, No. 32 and 78, No. 20.
2. Amendment filed 8-4-89; operative 9-3-89 (Register 89, No. 32). 
§1601.1. Determination of Deadlines.
Note     •     History

Any due dates or time frames for submission of fees, completed forms, or correspondence is determined by date of personal delivery at Board office or date of postmark by commercial carrier.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 761 and 763, Public Resources Code.
HISTORY

1. New section filed 8-4-89; operative 9-3-89 (Register 89, No. 32). 
§1602. Professional Forestry Practice Defined.
Note     •     History

(a) The phrase “act in the capacity of . . . a professional forester . . .” pursuant to Public Resources Code (PRC), Section 766 refers to any person who is working in a responsible position as an individual or through the supervision of others, and performs services on forested landscapes applicable to “forestry” as defined in PRC, Section 753 and clarified herein. Forestry requires specific knowledge of forestry principles for providing advice to, or management for, employers, clients, or others, through consultation; through conduct of investigations in forestry matters which have potential environmental effects, or are for site-specific purposes; through evaluation of forest properties; and through the planning or execution of forest  programs, management, operations, and/or treatment.
(b) A Registered Professional Forester (RPF) shall perform forestry services only in those subjects in which he or she is competent by training or experience. Thus, for a RPF to accomplish a site-specific forestry project where the RPF's prudent level of expertise is surpassed, that RPF may need to utilize the services of other qualified experts including but not limited to geologists, landscape architects, engineers and land surveyors, archaeologists, botanists, ecologists, fisheries biologists, stream restorationists, wildlife biologists, hydrologists, range scientists, soil scientists, and certified specialists established pursuant to PRC 772.
(c) In carrying out PRC, Section 772, a Certified Specialist shall perform only those services in his or her specialty as defined herein. Nothing in this section shall preclude certified specialists or the other environmental professionals in subsection (b) from the application of scientific knowledge in their field of expertise outside the practice of forestry.
NOTE

Authority cited: Sections 759 and 766, Public Resources Code. Reference: Sections 752, 753 and 766, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 1602 to section 1601, and renumbering and amendment of former section 1605.1 to section 1602 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). For prior history, see Register 77, No. 32. 
2. Amendment filed 4-28-94; operative 5-30-94 (Register 94, No. 17).
§1602.1. Identity Required of Registered Professional Forester in Charge.
Note     •     History

Any letter or document which offers to perform or implies the performance of any professional forestry work must identify by name and license number the forester (RPF) who will be in charge of such work when it is performed. An unregistered assistant acting in the capacity of a professional forester, as defined in 14 CAC 1602 other than on federally owned lands shall be supervised by a forester (RPF). Work plans and documents reporting work done by or under the supervision of a forester (RPF) shall bear the signature and license number of the forester (RPF) responsible for said plans, work and reports.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 756, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1605.2 to Section 1602.1 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). For prior history, see Register 79, No. 37.
§1603. Seal.
Note     •     History

A seal may be used by a registrant. It shall be of the design shown here and shall not be less than one and one-half (11/2)inches in diameter.

View Graphic
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 751, Public Resources Code.
HISTORY

1. Repealer of former Section 1603, and renumbering and amendment of former Section 1613 to Section 1603 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). For prior history, see Register 77, No. 32. 
§1604. Registration Limited to Natural Persons.
Note     •     History

Registration shall be determined on the basis of individual personal qualifications. No firm, company, partnership, or corporation will be issued a professional foresters license or specialty certificate.
NOTE

Authority cited: Sections 755 and 759, Public Resources Code. Reference: Section 755, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1604 to Section 1600, and renumbering of former Section 1615 to Section 1604 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). For prior history, see Registers 77, No. 32, and 73, No. 23. 
§1605. Fees.
Note     •     History

(a) All fees required by provisions of the Code and rules of the Board shall be transmitted by money order, bank draft, or check and shall be made payable to Professional Foresters Registration.
(b) The following schedule of fees is hereby adopted pursuant to section 782 of the Code.

(1) Application for Registration and License as a Professional
Forester 	 $200

(2) Annual Rate for License as a Professional Forester 	 95

(3) Application for Exam for Specialty Certificate 	 200

(4) Annual rate for Specialty Certificate 	 35

(5) Duplicate License or Specialty Certificate 	  5

(6) Renewal of License as a Professional Forester 	 190

(7) Renewal of Specialty Certificate 	 70

(8) Penalty fee for failure to apply for renewal as a Licensee 
or for a specialty certificate is $25 for each full month of
delinquency not to exceed $150.00 total penalty fee	  25

(9) Reinstatement Application following Withdrawal 	 15
(c) The renewal fee for registration and/or certification as a forestry specialist shall be waived when a license or certificate is issued less than ninety (90) days before the date on which it will expire.
(d) Application fees for registration, certification as a forestry specialist, or reinstatement following withdrawal, shall be retained by the Board regardless of the disposition of the application.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 767 and 782, Public Resources Code.
HISTORY

1. Repealer of former section 1605, and renumbering and amendment of former section 1608 to section 1605 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
2. Amendment of subsections (b)(2) and (b)(6) filed 5-23-88; operative 6-22-88 (Register 88, No. 22).
3. Amendment of subsection (b)(2) filed 3-28-90; operative 4-27-90 (Register 90, No. 14).
4. Amendment of subsections (b)(1) and (b)(2) filed 8-3-92; operative 9-2-92 (Register 92, No. 32).
5. Amendment of subsection (b)(8) filed 1-28-93; operative 3-1-93 (Register 93, No. 5).
6. Amendment of subsections (b)(2), (b)(4) and (b)(6)-(8) filed 10-21-96; operative 11-20-96 (Register 96, No. 43).
§1605.1. Professional Forestry Practice Defined. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 753, 759 and 766, Public Resources Code. Reference: Section 766, Public Resources Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
2. Renumbering and amendment of Section 1605.1 to Section 1602 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
§1605.2. Identity Required of Registered Professional Forester in Charge.
Note     •     History

NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 756, Public Resources Code.
HISTORY

1. New section filed 9-12-79; effective thirtieth day thereafter (Register 79, No. 37).
2. Renumbering and amendment of Section 1605.2 to Section 1602.1 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). 
§1606. Address Change.
Note     •     History

Applicants for registration or holders of a certificate of registration and license, shall notify the Board in writing at its Sacramento office within ten days of any address changes, giving both the old and new address.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 761 and 767, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1606 to Section 1610, and renumbering and amendment of former Section 1614 to Section 1606 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). For prior history, see Register 77, No. 32. 
§1607. Issuance, Expiration and Renewal of Licenses and Certificates.
Note     •     History

(a) Professional Foresters Licenses and Specialty Certificates shall be renewed on alternating years with odd-numbered licenses and certificates expiring on July 1 of odd-numbered years and even-numbered licenses and certificates expiring on July 1 of even-numbered years.
(b) Newly issued Professional Foresters Licenses and Specialty Certificates shall be valid, on payment of the appropriate fee, from the date of issuance to July 1 of odd-numbered years for odd-numbered licenses and certificates and July 1 of even-numbered years for even-numbered licenses and certificates. The appropriate fee for a newly issued license or certificate shall be based on proration of the annual rate for the license as provided in §1605(b)(2) or certificates as provided in §1605(b)(4) against the term of the newly issued license or certificate. Individuals reinstating their license or certificate from withdrawal shall pay the full renewal fee regardless of the actual length of time remaining in the applicable two year renewal cycle.
(c) Licenses and specialty certificates are not valid unless fees are paid prior to the expiration date. Written notification of delinquency shall be mailed no later than September 1 to those persons whose license or specialty certificate(s) expired. Individuals have sixty (60) days from the date of mailing the delinquency notice to reinstate the license or certificate by paying renewal fees and penalties, after which the Board shall revoke the license or certificate. By paying all renewal fees and penalties within one year of the renewal date, the individual may reinstate a license or certificate(s) revoked because of delinquency.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 773 and 783, Public Resources Code.
HISTORY

1. Repealer of former Section 1607, and renumbering and amendment of former Section 1609 to Section 1607 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). For prior history, see Register 77, No. 32.
2. Amendment filed 8-4-89; operative 9-3-89 (Register 89, No. 32). 
3. Amendment of section heading and section filed 10-21-96; operative 11-20-96 (Register 96, No. 43).
4. Amendment of subsections (b) and (c) filed 9-13-99; operative 10-13-99 (Register 99, No. 38).
§1608. Withdrawals.
Note     •     History

(a) The Board may, upon written request of a currently paid up licensee, grant a withdrawal of a forester's license or specialty certificate for a period not to exceed five years at any one time without penalty. The request shall state the reason for withdrawal, and the length of time for which withdrawal is requested. During withdrawal, the person shall not call him or herself a “professional forester” or provide professional forester services of any kind for pay or otherwise in California, or use their registration number anywhere.
(b) Withdrawals shall be granted only for good and sufficient reasons, including, but not limited to the following:
(1) Active duty in the armed services of the United States.
(2) Professional service exclusively outside the State of California.
(3) Ill health or disability.
(4) Registration as a full time student in a college or university.
(5) Retirement may be used as a reason only one time.
(c) Registrants shall be notified in writing whether the request for withdrawal is granted or denied.
(d) Prior to expiration of withdrawal status, notification of required reinstatement will be sent during the regular renewal period. If an application for reinstatement, along with the required fees prescribed, is not presented to the executive officer within the specified withdrawal period, the Board shall revoke the license or certificate.
(e) Reinstatement of a license shall be denied if:
(1) The original withdrawal occurs as part of a stipulated agreement settling a formal disciplinary case, or
(2) An RPF requested license withdrawal after being notified by the executive officer that a disciplinary investigation was being conducted concerning the RPF's license, and that the investigation and any disciplinary proceedings associated with it have not been concluded, including any penalties being imposed.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 782, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1608 to Section 1605, and renumbering and amendment of former Section 1610 to Section 1608 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). For prior history, see Registers 80, No. 18; 77, No. 32; and 75, No. 22.
2. Amendment filed 8-4-89; operative 9-3-89 (Register 89, No. 32). 
3. Amendment of subsections (a) and (d) and new subsections (e)-(e)(2) filed 9-13-99; operative 10-13-99 (Register 99, No. 38).
§1609. Meetings. [Repealed]
Note     •     History

NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 736 and 763, Public Resources Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
2. Renumbering and amendment of former Section 1609 to Section 1607, and renumbering of former Section 1612 to Section 1609 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
3. Repealer filed 8-4-89; operative 9-3-89 (Register 89, No. 32).
§1610. Delegation of Certain Functions.
Note     •     History

(a) The power and discretion conferred by law upon the Board to receive and file accusations; issue notices of hearings, statements to respondent and statements of issues; receive and file notices of defense; determine the time and place of hearings under Section 11508 of the Government Code, issue subpoenas and subpoenas duces tecum, set and calendar cases for hearing and perform other functions necessary to the dispatch of the business of the Board in the Government Code prior to the hearing of such proceeding; and the certification and delivery of mailing of copies of decisions under Section 11518 of said Code are hereby delegated to and conferred upon the executive officer, or, if absent from the office of the Board, another person designated by the executive officer.
(b) Nothing herein prohibits the executive officer from redelegating duties to his subordinates as provided in Section 18572 of the Government Code.
(c) Unless otherwise directed by the Board, the executive officer may work directly with the committee on those matters which are pertinent to the Professional Foresters Law, Section 750 et seq. of the Code. The executive officer may be designated by the committee to report to the Board on its behalf.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 763, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1610 to Section 1608, and renumbering and amendment of former Section 1606 to Section 1610 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
2. Amendment filed 8-4-89; operative 9-3-89 (Register 89, No. 32). 
§1610.1. Committee Meeting and Reports.
Note     •     History

(a) The Committee shall meet and report to the Board at least once every six months, or more frequently as necessary to fulfill its responsibilities to the Board under Section 763 of the Code, and shall refer to the Board all matters requiring Board approval.
(b) Reports and recommendations made by the Committee to the Board for approval or rejection by the Board and any action recommended or approved by the Board shall be carried out by the chairperson or a member of the Committee or by the Executive Officer in the manner approved by the Board.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 739 and 763, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1610(d) to Section 1610.1 filed 8-4-89; operative 9-3-89 (Register 89, No. 32). For prior history, see Register 87, No. 9.
§1611. Reciprocity.
Note     •     History

A Professional forester who is licensed in another state which maintains requirements and qualifications which are equal to or superior to those of the State of California may, upon successfully passing a special examination prescribed by the Board and payment of the required fees be registered as a professional forester, provided that said state observes these same rules of reciprocity.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 767, 768, 769 and 770, Public Resources Code.
HISTORY

1. Repealer of former Section 1611, and renumbering of former Section 1616 to Section 1611 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
§1612. Discipline.
Note     •     History

The committee may, upon its own motion, and shall upon motion of the Board or upon the verified complaint in writing of any person, cause investigation to be made of the actions of any person licensed as a professional forester. The committee shall make recommendations to the Board for any action provided by law.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 775 and 777, Public Resources Code.
HISTORY

1. Renumbering of former Section 1612 to Section 1609, and renumbering of former Section 1617 to Section 1612 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
§1612.1. Disciplinary Guidelines.
Note     •     History

The Board establishes these guidelines to ensure that consequences in any disciplinary action of a Registered Professional Forester are known, and to facilitate uniformity of penalties. While recognizing that Administrative Law Judges must be free to exercise their discretion in a particular case, the Board desires that these guidelines be followed to the extent possible, and that any departures therefrom be noted and explained in the proposed decision.
The Board further desires that matters in extenuation and mitigation, as well as those in aggravation, be fully considered and noted in the proposed decision. The primary importance is the adverse effect the Registered Professional Forester's actions had, or will continue to have, on the protection of the public interest.
(a) If convicted of a felony as defined in Section 778(a) and governed by Section 778.5, Public Resources Code, the ranges of disciplinary action for conviction(s) are:
Maximum: Revocation of the license.
Minimum: Revocation stayed for 2 years on the following conditions:
(1) Actual suspension for 1 year.
(2) The respondent shall obey all laws and regulations related to the practice of forestry.
(b) If found guilty of fraud, deceit or gross negligence in his or her practice, governed by Public Resources Code, Section 778(b), the ranges of disciplinary action for violation(s) are:
Maximum: Revocation of the license.
Minimum: 6 months suspension stayed for 1 year on the following conditions:
(1) Actual suspension for 60 days.
(2) Within one year of the effective date of the Board's decision, the respondent shall successfully complete a training program, approved in advance by the Board as being specifically related to the area(s) of professional failure.
(3) Respondent must practice, for up to one year, with the review of work products by a Registered Professional Forester, or other specialist, as approved by the Board.
(4) The respondent shall obey all laws and regulations related to the practice of forestry.
(c) If found guilty of misrepresentation or material misstatement of fact in his or her practice, governed by Public Resources Code, Section 778(b), the ranges of disciplinary action for the violation(s) are:
Maximum: Revocation of the license.
Minimum: 90 days suspension stayed for 1 year with 15 days actual suspension, and one or more of the following:
(1) Within one year of the effective date of the Board's decision, the respondent shall successfully complete a training program, approved in advance by the Board as being specifically related to the area(s) of professional failure.
(2) Respondent must practice, for up to one year, with review of work products by a Registered Professional Forester, as approved by the Board.
(3) The respondent shall obey all laws and regulations related to the practice of forestry.
(d) If found guilty of incompetence governed by Section 778(b), Public Resources Code, in his or her practice, the ranges of disciplinary action for violation(s) are:
Maximum: Revocation of the license.
Minimum: Revocation stayed up to 3 years with license suspension until the completion of all of the following conditions:
(1) The respondent shall successfully complete a training program, approved in advance by the Board, specifically related to the area of incompetency, and
(2) The respondent shall take and be notified of passing the Registered Professional Foresters examination, and
(3) Respondent must work, at least six months full time equivalent, under the supervision of a Registered Professional Forester, with review of work products, as approved by the Board.
(4) The respondent shall obey all laws and regulations related to the practice of forestry.
(e) If found guilty of fraud or deceit in obtaining a license, governed by Section 778(c), Public Resources Code, the ranges of disciplinary action for violation(s) are:
Recommended Action: Revocation of the license.
(f) If found guilty of aiding or abetting a violation of, or material failure to comply with the provisions of the Professional Foresters Law, governed by Section 778(d) and (e), Public Resources Code, the ranges of disciplinary action for violation(s) are:
Maximum: Revocation of the License
Minimum: 15 days actual suspension
(g) If found guilty of failure to materially comply with any provision of the Professional Foresters Law, the Board may issue a private reprimand when the respondent commits a failure of responsibility which warrants a level of discipline lesser than suspension. If the evidence is insufficient to support a private reprimand or an accusation, the executive officer may send a confidential letter expressing the committee's concerns. If there are insufficient grounds for discipline, the executive officer shall send a letter of exoneration to the respondent.
(h) In any of the above actions, the respondent shall submit such special reports as the Board may require. Said reports shall be designed to provide information as to those facets of his/her work which resulted in the disciplinary action.
NOTE

Authority cited: Sections 751, 759, 775, 777 and 778, Public Resources Code. Reference: Sections 751, 759, 775, 776, 777 and 778, Public Resources Code.
HISTORY

1. New section filed 7-13-87; operative 7-13-87 (Register 87, No. 29).
2. Amendment filed 9-13-99; operative 10-13-99 (Register 99, No. 38).
§1612.2. Notification of Disciplinary Action.
Note     •     History

(a) Conditions of staying an order which suspends or revokes a license on any of the grounds for disciplinary action specified in Section 778, Public Resources Code, shall require:
(1) Respondent to submit to the Board, not later than thirty (30) days after the decision becomes effective, a complete list of all business and/or client names, addresses, and phone numbers with whom a current contractual or employment relationship exists. Furthermore, respondent shall notify the Board within ten (10) days of any new contractual or employment relationships over the duration of the stayed order. This information may be used to aid the Board in monitoring the performance of respondent over the period of the stayed order.
(2) Board to notify each business and/or client name submitted, or at its option require respondent to notify with Board approved language and proof of notification, of the offense(s), findings and discipline imposed.
(b) The Board shall provide public notice of disciplinary actions. The Board shall comply with the following standards when providing public notice:
(1) When the RPF is exonerated, their name and the specifics of the cases will not be made public. A summary of the case will be noticed in “Licensing News”, and will include the following:
(A) Case number.
(B) Allegation: citing possible cause(s) of action under 14 CCR §1612.1.
(C) Authority: citations of applicable statutory and regulatory sections.
(D) Action: announcement of the exoneration and a general summary of the facts of the case.
(2) When disciplinary action results in the issuance of a PFEC Letter of Concern or Private Board Reprimand, the name of the RPF and specifics of the case will not be made public. A summary of the case will be noticed in “Licensing News”, and will include the following:
(A) Case number.
(B) Allegation: citing possible cause(s) of action under 14 CCR §1612.1.
(C) Authority: citations of applicable statutory and regulatory sections.
(D) Action: announcement of the disciplinary action taken and a general summary of the facts of the case.
(3) When disciplinary action results in license suspension or revocation, the name of the RPF and the specifics of the case will be made public. A summary of the case will be noticed in the “Daily Recorder”, “Licensing News”, the meeting minutes of the Board, and announced in open session of the Board meeting at which the discipline was approved. These notices will include the following:
(A) Case number.
(B) RPF name and license number.
(C) City of business at the time of notice.
(D) Allegation: citing possible cause(s) of action under 14 CCR §1612.1.
(E) Authority: citations of applicable statutory and regulatory sections.
(F) Action: announcement of the disciplinary action taken and a specific summary of the facts of the case.
(4) The information summarized in “Licensing News” under (b)(1), (b)(2), and (b)(3) above shall be available upon request to the public.
(c) The Board may provide notice to the news media of disciplinary actions. The Board shall comply with the following standards when providing notice to the media.
(1) Media releases shall occur in all instances when disciplinary action results in the following:
(A) Suspension or revocation based on any of the following cause(s):
(i) conviction of a felony as defined in Section 778(a) and governed by Section 778.5 of the Public Resources Code.
(ii) fraud.
(iii) deceit.
(iv) gross negligence.
(v) incompetence.
(B) The PFEC has recommended revocation or a suspension greater than 30 days for any cause under 14 CCR §1612.1.
(2) The media release shall be approved by the by the Board, and shall contain all information cited in subsection (b)(3).
(3) The media release shall be submitted to a newspaper of general circulation in the county(ies) where the infraction(s) occurred.
NOTE

Authority cited: Sections 708, 751, 759, 777 and 778, Public Resources Code. Reference: Sections 708, 730, 751, 759, 775, 776, 777 and 778, Public Resources Code.
HISTORY

1. New section filed 7-13-87; operative 7-13-87 (Register 87, No. 29). 
2. Amendment of section and Note filed 7-25-2000; operative 8-24-2000 (Register 2000, No. 30).
§1613. Felony Substantial Relationship Criteria.
Note     •     History

For the purposes of denial, suspension or revocation of a license pursuant to Division 1, Chapter 2.5, Article 3, Sections 774, 775, and 778 of the Public Resources Code (PRC), a felony shall be considered to be substantially related to the qualifications, functions, or duties of a registered professional forester (RPF), if, to a substantial degree, it evidences present or potential unfitness to perform the functions authorized by Article 3 of the Public Resources Code.
Such felonies may include, but not be limited to; felony convictions which demonstrate dishonesty or breach of fiduciary responsibility or which involve any of the following:
(a) violations of PRC 778, or felony sections of the Business and Professions Code, Health and Safety Code, and Public Contracts Code;
(b) damage to natural resources including, but not limited to, arson;
(c) violations related to:
(1) Division 1, Chapter 2.5, Article 3 of the Public Resources Code, or
(2) Division 4, Part 2, Public Resources Code, or
(3) Division 1.5, Title 14, California Code of Regulations.
NOTE

Authority cited: Section 778.5, Public Resources Code. Reference: Section 778.5, Public Resources Code.
HISTORY

1. New section filed 2-26-87; effective thirtieth day thereafter (Register 87, No. 9). For history of former Section 1613, see Registers 85, No. 41 and 77, No. 32.
2. Amendment of subsection (c)(3) filed 8-4-89; operative 9-3-89 (Register 89, No. 32).
§1614. Criteria for Rehabilitation.
Note     •     History

When considering the specified conditions of denial or reinstatement from suspension or revocation of a license, the board, in evaluating the rehabilitation of the applicant and present eligibility for a license will consider the following criteria:
(a) The nature and severity of the act(s) or crime(s) under consideration as grounds for denial or reinstatement.
(b) Evidence of any act(s) committed subsequent to the act(s) or crime(s) under consideration for grounds for denial or reinstatement which also could be considered as grounds for denial or reinstatement.
(c) The time that has lapsed since the commission of the act(s) or crime(s).
(d) The extent to which the applicant or licensee has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
(e) Evidence, if any, of rehabilitation submitted by the applicant.
NOTE

Authority cited: Sections 759, 774, and 777, Public Resources Code. Reference: Sections 774 and 777, Public Resources Code; and Section 11522, Government Code.
HISTORY

1. New section filed 2-26-87; effective thirtieth day thereafter (Register 87, No. 9). For history of former Section 1614, see Register 85, No. 41 and 77, No. 32.
§1615. Registration Limited to Natural Persons. [Renumbered]
History

HISTORY

1. New section filed 6-7-73; effective thirtieth day thereafter (Register 73, No. 23).
2. Renumbering and amendment of Section 1615 to Section 1604 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
§1616. Reciprocity. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 767, 768 and 770, Public Resources Code.
HISTORY

1. New section filed 6-7-73; effective thirtieth day thereafter (Register 73, No. 23).
2. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
3. Renumbering of Section 1616 to Section 1611 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
§1617. Discipline. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 763, 775 and 777, Public Resources Code.
HISTORY

1. New section filed 12-24-75; effective thirtieth day thereafter (Register 75, No. 52).
2. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
3. Renumbering of Section 1617 to Section 1612 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
Article 2. Applications
§1620. Applications.
Note     •     History

(a) Applications for registration as a professional forester or as a certified forestry specialist shall be:
(1) Filed on a form prescribed by the Board.
(2) Filed at the Sacramento office of the Board, and accompanied by the required application fee.
(3) Subscribed and certified to “under penalty of perjury” as provided by Section 2015.5, Code of Civil Procedure.
(4) Typewritten, except that applicants located without access to typewriters, may so state, and submit applications printed legibly by hand.
NOTE

Authority cited: Sections 759 and 772, Public Resources Code. Reference: Sections 767 and 772, Public Resources Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
§1620.1. Professional and Personal References.
Note     •     History

An applicant shall include in the application for registration the names and addresses of two qualified foresters as references, who are familiar with the professional work and three responsible members of the community who are not foresters who can attest to the character and business integrity of the applicant. Such references may be consulted by the examining committee regarding the qualifications of the applicant.
NOTE

Authority cited: Sections 759 and 772, Public Resources Code. Reference: Sections 772, Public Resources Code and 1606(c) of Title 14, California Administrative Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32). 
§1620.2. Application Processing.
Note     •     History

(a) The applicant shall be informed in writing by the Executive Officer, within 90 days of receipt of the application, whether such application is complete and accepted for filing or is deficient and what specific information is required. The Examining Committee may, at a later time, request clarification of information contained in the application or supporting documents as provided in 1620.3.
(b) The applicant shall be informed, in writing, of the Board decision on registration within 360 days of filing. Postponement of the examination by the applicants shall extend this deadline in the same amount of time as the postponement.
(c) The actual minimum, median and maximum processing times for an application from the time of receipt of the application until the board makes a final decision on the application are:
(1) Minimum: 118 days
(2) Median: 152 days
(3) Maximum: 360 days
NOTE

Authority cited: Section 15376, Government Code; and Sections 759 and 763, Public Resources Code. Reference: Sections 759 and 763, Public Resources Code; and Section 15376, Government Code.
HISTORY

1. Repealer and new section filed 6-5-86; effective thirtieth day thereafter (Register 86, No. 23).
§1620.3. Evidence of Qualifying Experience.
Note     •     History

(a) The application, and any supporting documentation, shall present evidence of qualifying experience in forestry work, and any educational degree(s) substituted therefor:
(b) The qualifying experience for registration shall be computed to the final application filing date for each examination.
(c) Applicants claiming credit under educational provisions shall document such claims with an official transcript of record or comparable document or certified copy thereof, issued by the educational institution awarding the degree. Such records or transcripts shall be sent by the institution directly to the Board.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 767, 769 and 772, Public Resources Code.
HISTORY

1. Repealer of former Section 1620.3, and renumbering and amendment of Sections 1620.4, 1623 and 1624 to Section 1620.3 filed8-4-89; operative 9-3-89 (Register 89, No. 32). For prior history, see Registers 87, No. 29 and 85, No. 41.
§1620.5. Year of Experience Defined. [Repealed]
History

HISTORY

1. Repealer filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
§1621. Evaluation of Qualifications to Take the Examination.
Note     •     History

In complying with Sections 768 and 769(b) of the Code, the standards set forth in Sections 1621.1, 1621.2, 1621.3, 1621.4, 1622, and 1622.2 of this article are used to evaluate qualifications for authorization to take the exam.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 768 and 769, Public Resources Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
2. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No.41).
3. Amendment filed 8-4-89; operative 9-3-89 (Register 89, No. 32). 
§1621.1. Qualifying Forestry Work Experiences.
Note     •     History

(a) “Forestry work,” within the meaning of Section 769 of the Code, includes those activities which demonstrate professional competence in the science, art, and practice of managing and using for human benefit while protecting the public interest, the natural resources that occur on and in association with, forest land.
(b) Forestry experience qualifying to take the exam shall demonstrate an increasing level of responsibility and complexity over the required time, and is more particularly classified as:
(1) Forest management, which includes that branch of forestry concerned with overall administration in forest economics, legal and social aspects; forest mensuration, forest regulation, and the development of access for protection and management of the resource.
(2) Silviculture, which includes the science and practice of controlling the composition, constitution, and growth of forests, including also stand improvement, forest nursery production, the techniques of seeding and planting, and reforestation.
(3) Forest protection, which includes the prevention and control of damage to forests, inclusive of control of forest pests; the prevention and control of wildfire; the protection of soils from erosion, and the reduction and repair of damage resulting form all of these and those related to climatic agent. Up to two years of the activities in this subsection qualify except when Section 1622(c) are met.
(4) Forest utilization which includes scaling, and logging involving felling, bucking, choker setting, and skidding/yarding. Up to two years of the activities in this subsection qualify except when Section 1622 of this article applies; additional time can qualify when conditions in 1622(c) are met.
(5) Forest and watershed management planning, initiated and carried out in:
(A) forest working plans,
(B) forest practice standards,
(C) management contracts,
(D) litigation reports and testimony,
(E) trespass,
(F) the development, maintenance and protection of wildlife habitat and forest range resources,
(G) forest recreation and environmental studies, and
(H) reconnaissance and mapping in conservation of forest and watershed lands and the yield thereof, including the investigation of wildlands soils.
(6) Other forest activities, including timber appraisals, forestry research, urban forestry, and teaching college or university courses in forestry.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 769, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 1622 to Section 1621.1 filed 8-4-89; operative 9-3-89 (Register 89, No. 32). For prior history, see Register 85, No. 41.
§1621.2. Non-Qualifying Forestry-Related Work Experience.
Note     •     History

Some forestry-related activities are not considered “forestry work” experience within the meaning of Section 769 of the Code: landscape gardening; horticulture; arboriculture; tree surgery; loading and hauling of logs or other forest products, operations of wood manufacturing or remanufacturing plants; fire lookouts, dispatchers, and fire equipment operators; and agricultural pursuits not related to tree growing.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 769, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 1622.2 to Section 1621.2 filed 8-4-89; operative 9-3-89 (Register 89, No. 32). For prior history, see Register 85, No. 41.
§1621.3. Work Experience Obtained While In a Degree Program.
Note     •     History

The following criteria applies to substitutions for forestry work experience toward the seven year requirement. No combination of education and work experience may be counted as more than twelve (12) months for any consecutive twelve month period. Thus, periods worked while in a substituted educational degree program do not qualify because this time is already included in the degree. Work periods that exceed the amount of degree time substituted do qualify.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 769, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 1625 to Section 1621.3 filed 8-4-89; operative 9-3-89 (Register 89, No. 32). For prior history, see Register 85, No. 41.
§1621.4. Substitution of Education for Experience.
Note     •     History

(a) For the purpose of this article and in accordance with Section 769(b) of the Code, a course of study shall be deemed a major in forestry only (1) if the awarding institution specifically designated the course of study as a major in forestry or a direct derivative thereof such as a major in forest management or a major in forest science, and (2) if it provides the significant concepts in a working knowledge of forest biology, forestry in the social context, forest resources inventory, forest ecosystem management, and forest resources administration. The forest courses presenting such concepts and working knowledge shall be at a level qualifying for transfer credit in a program leading to the Bachelor of Science degree with a major in forestry at either the University of California, Berkeley, California Polytechnic State University at San Luis Obispo, or at Humboldt State University.
In accordance with these standards, a “major in forestry” for the purposes of this act are majors in forestry offered in California, at the University of California, Berkeley, California Polytechnic State University at San Luis Obispo, and Humboldt State University and the programs in forestry offered in other states, which meet the above standards including such programs offered at universities accredited at the time of applicant graduation by the Society of American Foresters (SAF) as of their most current list. The list(s) may be obtained from Professional Foresters Registration, or SAF, 5400 Grosvenor Lane, Bethesda, Maryland, 20814-2198.
(b) The following degrees are deemed the equivalent of four years of forestry experience:
(1) A Bachelor of Science degree with a Major in Forestry, or possession of a Bachelor of Science in Forestry degree from any college or university in the United States of Canada.
(2) A degree in forestry, however designated, from a foreign college or university based on completion of a program of at least four years of university level work with a major in forestry, subject to review and favorable recommendation of the Examining Committee.
(3) A Master of Forestry degree awarded an applicant who holds either a Bachelor of Science degree or a Bachelor of Arts degree with a major in a field other than forestry may submit such evidence as a comparable degree to the Bachelor of Science in Forestry degree.
(c) the Committee shall evaluate and determine, on a case-by-case basis, which other college or university degrees may be substituted as qualifying forestry work experience. In no case can any of the following be combined for more than four years substitution.
(1) A Bachelor of Science degree in a forestry-related field is not equivalent to a Bachelor of Science degree with a major in forestry. No more than two (2) years shall be substituted for such forestry-related fields including, but not limited to, wood science and technology, wildlife management, range management, soil science or conservation of natural resources.
(2) A Master of Science or Doctor of Philosophy degree in forestry or forestry-related fields can be substituted only when subsection 1621.4(b) of this article does not apply. No more than one (1) year for each of these degrees shall be substituted. A Master of Forestry degree is substituted for only one (1) year unless subsection 1621.4(b)(3) of this article applies.
(3) An Associate of Science or Associate of Arts with a “major in forestry” from one of the two-year colleges recognized at the time of applicant graduation by the Society of American Foresters can be substituted for two (2) years experience. The lists(s) may be obtained from Professional Foresters Registration, or SAF, 5400 Grosvenor Lane, Bethesda, Maryland, 20814-2198.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 769, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Sections 1623.1 and 1623.2 to Section 1621.4 filed 8-4-89; operative 9-3-89 (Register 89, No. 32). For prior history, see Register 85, No. 41.
2. Amendment of subsection (a) and second paragraph filed 10-21-96; operative 11-20-96 (Register 96, No. 43).
§1622. Three Years of “Having Charge of Forestry Work,” or “Under the Supervision of a Person Registered.”
Note     •     History

(a) The minimum of three (3) years “having charge of forestry work,” or “forestry work under the supervision of a person registered, or qualified for, but exempt from registration” as specified in Sections 757 and 769(b) of the Code is evaluated using the criteria in subsection (b), below.
(b) “Supervision” shall be deemed adequate to meet the three year requirement if it includes the following elements:
(1) Supervisor is able to hire and fire or effectively recommend same, or is able to clearly withdraw professional responsibility for forestry related matters.
(2) Supervisor must perform regular and timely quality control, work review and inspection, both in the office and in the field, and be able to take, or effectively recommend, corrective actions where necessary. The frequency of review, inspection and guidance shall take into consideration the experience of the non-RPF and technical complexity of the job, but shall be sufficiently frequent to ensure the accomplishment of work to professional standards.
(c) The following limitations apply to the requirement of three years “having charge of forestry work,” or “under the supervision of a person registered.”
(1) Forestry work stated in subsection 1621.1(b)(3) and 1621.1(b)(4) of this article must be performed at planning and supervision levels; scaling does not qualify unless it is part of an apprentice trainee program under the direct supervision of an RPF.
(2) Only the Master of Forestry degree, in conjunction with a qualifying Bachelor of Science degree with a major in forestry, may be substituted for one of the three years required as provided in Section 769 of the Code.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 769, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1622 to Section 1621.1, and new Section 1622 filed 8-4-89; operative 9-3-89 (Register 89, No. 32). For prior history, see Register 85, No. 41.
2. Amendment of subsections (b)(2) and (c)(1) filed 10-21-96; operative 11-20-96 (Register 96, No. 43).
§1622.1. Nonforestry Activities. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 759 and 768, Public Resources Code. Reference: Section 769, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1622.1 to Section 1621.2 filed 8-4-89; operative 9-3-89 (Register 89, No. 32). For prior history, see Register 85, No. 41.
§1622.2. Contracting Forestry Work Experience.
Note     •     History

Forestry experience obtained while working as a contractor may be claimed as having charge of forestry work, or forestry work under the supervision of a person registered, or qualified but exempt from, registration provided:
(a) The applicant submits a copy of the contract and any documentation necessary to verify the appropriateness of experience.
(b) The contract required the work of the contractor to be supervised as stated in Section 1622(b) of this article.
(c) The contract or documentation specifies the various items of supervision including, but not limited to: training; frequency of contact both for professional and contract compliance purposes; office and field review; and how corrective actions can be taken.
(d) The contract or documentation has the names, current addresses, and phone numbers of each qualified forester who directly carries out this supervision. If the supervisor is Registered, the license number must be included.
NOTE

Authority cited: Sections 759 and 768, Public Resources Code. Reference: Section 769, Public Resources Code.
HISTORY

1. New section filed 8-4-89; operative 9-3-89 (register 89, No. 32).
2. Amendment of subsection (b) filed 10-21-96; operative 11-20-96 (Register 96, No. 43).
§1623. College Education in Forestry As Equivalent to Forestry Work Experience. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 759 and 769, Public Resources Code. Reference: Section 769, Public Resources Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
2. Amendment of NOTE filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
3. Renumbering and amendment of former Section 1623 to Section 1620.3 filed 8-4-89; operative 9-3-89 (Register 89, No. 32).
§1623.1. Degrees Equivalent to Four Years of Forestry Experience. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 759 and 768, Public Resources Code. Reference: Section 769, Public Resources Code.
HISTORY

1. New subsection (a)(4) filed 5-29-75; effective thirtieth day thereafter (Register 75, No. 22).
2. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
3. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
4. Renumbering and amendment of former Section 1623.1 to Section 1621.4 filed 8-4-89; operative 9-3-89 (Register 89, No. 32). 
§1623.2. Restrictions to Applying College or University Degrees or Study As Equivalent to Experience. [Repealed]
Note     •     History

NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 769, Public Resources Code.
HISTORY

1. Repealer filed 8-4-89; operative 9-3-89 (Register 89, No. 32). For prior history, see Register 85, No. 41. 
§1624. Date of Education and Experience. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 769, Public Resources Code.
HISTORY

1. Repealer of former Section 1624, and renumbering and amendment of former Section 1626 to Section 1624 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
2. Renumbering and amendment of former Section 1624 to Section 1620.3 filed 8-4-89, operative 9-3-89 (Register 89, No. 32). 
§1624.1. Denial of Application. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 759, 768, 769 and 774, Public Resources Code. Reference: Sections 768, 769 and 774, Public Resources Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
2. Renumbering and amendment of Section 1624.1 to Section 1626 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). 
§1624.2. Authorization to Take Examination. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 759 and 763, Public Resources Code. Reference: Section 763, Public Resources Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
2. Repealer filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
§1624.3. Notification of Authorization. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 759 and 763, Public Resources Code. Reference: Section 763, Public Resources Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
2. Renumbering of Section 1624.3 to Section 1640.1 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). 
§1624.4. Successful Completion of Examination. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 759 and 763, Public Resources Code. Reference: Section 763, Public Resources Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
2. Renumbering of Section 1624.4 to Section 1643 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
§1624.5. Approval of Application. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 759, 763 and 772, Public Resources Code. Reference: Sections 769, 770 and 772, Public Resources Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
2. Repealer filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
3. Editorial correction of Note (Register 97, No. 47).
§1624.6. Denial of Application for Failure to Pass Examination. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 759, 763 and 770, Public Resources Code. Reference: Sections 769 and 770, Public Resources Code and 1645 of Title 14, California Administrative Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
2. Renumbering of Section 1624.6 to Section 1644 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
§1625. Year of Forestry Experience Defined. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 759 and 768, Public Resources Code. Reference: Section 769, Public Resources Code.
HISTORY

1. Renumbering of former Section 1625 to Section 1627, and renumbering of former Section 1628 to Section 1625 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). For prior history, see Register 77, No. 32.
2. Renumbering and amendment of former Section 1625 to Section 1621.3 filed 8-4-89; operative 9-3-89 (Register 89, No. 32).
§1626. Denial of Application.
Note     •     History

If, in the judgment of the committee, based upon the evidence submitted, the applicant lacks the required qualifications, the committee shall deny the application without prejudice. The applicant shall be notified in writing of the reasons for denial and of the right to appeal such denial as provided in Section 1647 of this article.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 768, 769 and 774, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1626 to Section 1624, and renumbering and amendment of former Section 1624.1 to Section 1626 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
2. Amendment filed 8-4-89; operative 9-3-89 (Register 89, No. 32).
§1627. Right to Appeal Denial of Application. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 759 and 765, Public Resources Code. Reference: Section 765, Public Resources Code.
HISTORY

1. Renumbering of former Section 1627 to Section 1628, and renumbering of former Section 1625 to Section 1627 filed 9-27-5; effective thirtieth day thereafter (Register 85, No. 41). For prior history, see Register 77, No. 32.
2. Repealer filed 8-4-89; operative 9-3-89 (Register 89, No. 32).
§1628. Abandoned Applications.
Note     •     History

In the absence of special circumstances, the Board shall consider an application abandoned when:
(a) The applicant fails to submit a registration fee or specialty fee within sixty (60) days of the date of the letter of acceptance for registration or certification.
(b) The applicant fails to appear for a scheduled examination at the time set without obtaining an approved postponement.
(c) The applicant, after two postponements, fails to appear for the examination at the appointed time.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 767, Public Resources Code.
HISTORY

1. Renumbering of former Section 1628 to Section 1625, and renumbering of former Section 1627 to Section 1628 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). For prior history, see Register 77, No. 32.
§1629. Work Experience Year Defined. [Repealed]
History

HISTORY

1. New section filed 9-12-73 as an emergency; effective upon filing (Register 73, No. 37).
2. Certificate of Compliance filed 1-8-74 (Register 74, No. 2).
3. Repealer filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
Article 2.5. Applications for Registration Without Examination [Repealed]
HISTORY

1. Repealer of article 2.5 (Sections 1630-1635) filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32). For prior history, see Register 74, No. 2.
Article 3. Examinations
§1640. Notification of Authorization to Take Examination.
Note     •     History

Not less than thirty (30) days prior to the examination, each applicant qualified to take the exam shall be notified in writing of the date, time, and place of the examination.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 763, Public Resources Code.
HISTORY

1. Repealer of former Section 1640, and renumbering and amendment of former Section 1640.1 to Section 1640 filed 8-4-89; operative 9-3-89 (Register 89, No. 32). For prior history, see Register 85, No. 41. 
§1640.1. Study Exams.
Note     •     History

Copies of examination questions for the three (3) year period may be obtained upon payment of a fee covering direct cost of duplication as determined by the executive officer.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 763, Public Resources Code and Section 6257, Government Code.
HISTORY

1. Renumbering and amendment of former Section 1640.1 to Section 1640, and new Section 1640.1 filed 8-4-89; operative 9-3-89 (Register 89, No. 32). For prior history, see Register 85, No. 41.
§1640.2. Scheduling Examinations.
Note     •     History

An application received less than sixty (60) days prior to an announced examination date may be scheduled for the next examination.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 770, Public Resources Code.
HISTORY

1. Renumbering of former Section 1640.2 to Section 1640.3, and renumbering of former Section 1640.1 to Section 1640.2 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). For prior history, see Register 77, No. 32. 
§1640.3. Examinations Prescribed.
Note     •     History

The examination shall test the applicant's understanding of the significant concepts in and working knowledge of
(1) Forest Economics,
(2) Forest Protection,
(3) Silviculture,
(4) Forest Resources Management,
(5) Forest Resources Use,
(6) Dendrology,
(7) Forest Ecology,
(8) Forest Mensuration,
(9) Forest Policy, and
(10) Forest Administration, as these apply to the management of forest lands to produce goods and services, and in terms of the environmental effects of such activities.
The committee shall prepare and administer an examination on the foregoing principles whenever the committee deems it necessary, but not less than twice per year. The special examination which may be administered on the basis of reciprocity to a person licensed in another state may be limited in scope to those subjects which in the opinion of the committee are unique to the practice of forestry in California.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 770, Public Resources Code.
HISTORY

1. Renumbering of former Section 1640.2 to Section 1640.3 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). For prior history, see Registers 77, No. 32, and 75, No. 52.
§1641. Examination Facilities.

The Executive Officer shall make all of the necessary arrangements to provide adequate facilities and assistants to conduct examinations in such locations as may be required to accommodate the number of applicants to be examined.
§1642. Examination Irregularities.
Note     •     History

Examinees are forbidden to receive unauthorized assistance during the examination. Communication between examinees or the use of unauthorized material or matter or devices during the examination is strictly prohibited. An applicant engaging in such conduct during the examination shall be notified that the examination shall not be graded, and shall be denied the opportunity to take the following two examinations.
NOTE

Authority cited: Sections 759 and 763, Public Resources Code. Reference: Section 763, Public Resources Code.
HISTORY

1. Amendment filed 8-4-89; operative 9-3-89 (Register 89, No. 32). 
§1643. Successful Completion of Examination.
Note     •     History

Following successful completion of the prescribed examination, the committee shall recommend to the Board approval for registration or certification of each qualified applicant.
NOTE

Authority cited: Sections 759 and 763, Public Resources Code. Reference: Section 763, Public Resources Code.
HISTORY

1. Repealer of former Section 1643, and renumbering of former Section 1624.4 to Section 1643 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). 
§1644. Denial of Application for Failure to Pass Examination.
Note     •     History

If an applicant fails to obtain a passing grade in the prescribed examination, the committee shall deny the application without prejudice. The applicant shall be notified in writing of the right to appeal the examination following the procedures provided in Section 1647 of this article.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 763, 765, 769 and 770, Public Resources Code.
HISTORY

1. Renumbering of former Section 1644 to Section 1645, and renumbering of former Section 1624.6 to Section 1644 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41). For prior history, see Register 77, No. 32.
2. Amendment filed 8-4-89; operative 9-3-89 (Register 89, No. 32). 
§1645. Inspection of Examination Papers.
Note     •     History

An applicant who fails to receive a passing grade in the written examination may, within thirty (30) days of the examination results notice, request in writing:
(a) A copy of the examination questions, and/or
(b) obtain a copy of his/her own answers which will be mailed after receipt of payment of a fee covering the direct cost of duplication as determined by the executive officer.
(c) The applicant shall not be provided any answers of others, or the exam key. The Executive Officer shall not discuss any specific answers with the applicant because Expert Examiners mutually determine the answer scores.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Section 765, Public Resources Code; and Section 6257, Government Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
2. Renumbering of former Section 1645 to Section 1646, and renumbering of former Section 1644 to Section 1645 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
3. Amendment filed 8-4-89; operative 9-3-89 (Register 89, No. 32). 
§1646. Examination Appeal. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 759 and 765, Public Resources Code. Reference: Section 765, Public Resources Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
2. Renumbering of former Section 1645 to Section 1646 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
3. Repealer filed 8-4-89; operative 9-3-89 (Register 89, No. 32). 
§1647. Appeal Procedure.
Note     •     History

Within thirty (30) days of mailing or personal service notice, any real party of interest may appeal the actions of the Committee or Executive Officer to the Board for a review in accordance with Section 765 of the Code. The appeal for review shall be made in writing, stating the reason therefore and citing the items against which the appeal is made. The Board's Executive Officer shall conduct a review thereon, and provide to the applicant the reasons for the decision along with a Notice of Defense form as required by Government Code 11506. The person may, by completing and returning the form, contest the results of the Board's executive officer review at a hearing with an Administrative Law Judge to assist the Board in its final determination in accordance with Chapter 5 of Part 1, Division 3, Title 2 of the Government Code, commencing with Section 11500.
NOTE

Authority cited: Section 759, Public Resources Code. Reference: Sections 765, 768, 769, 770 and 774, Public Resources Code.
HISTORY

1. New section filed 8-4-89; operative 9-3-89 (Register 89, No. 32). 
Article 4. Miscellaneous
§1650. Specialties.
Note     •     History

(a) As an alternative to being registered as a RPF, any person qualified pursuant to this Article is eligible for certification in a specialty. Both RPFs and non-RPFs are eligible for certification in a specialty. Only a person registered as a Certified Specialist may use the title of that specialty.
A certificate in each specialty created will be issued by the Board pursuant to the standards contained in Section 772 of the Code. Specialties will be created by regulation as the need arises.
(b) To protect the public interest, the following certified specialties shall be implemented and overseen by the Executive Officer, with the assistance of the Examining Committee:
(1) Certified Rangeland Management Specialty
(c) For independent certification programs submitted by a professional society or public agency pursuant to Section 772 of the Code, the following process shall apply:
(1) When a professional society or public agency establishes an internal certification panel for any or all of the following purposes: reviewing an applicant's qualifications, administering an examination to evaluate an applicant's professional understanding, awarding certifications, reviewing allegations of misconduct, and administering discipline; the panel members shall have first been certified by the Board as meeting the professional qualifications and standards for that Certified Specialty before undertaking their responsibilities pursuant to this Section. The certification of the panel members may be done by a subcommittee of the PFEC appointed by the Board and composed of resource professionals in good standing representing a broad cross section of employment and expertise in that specialty. All subsequent panel members shall also be certified in this manner.
(2) The PFEC shall be notified by the appropriate society or public agency of any Certified Specialist who is guilty of violations of professional standards and is issued discipline pursuant to the respective certification program. The Certified Specialist shall be subject to disciplinary actions by the Board as defined in this chapter for violation of those standards, or for violation of those standards promulgated by the Board pursuant to Section 778 of the Code.
(3) The PFEC shall be notified of any proposed actions to be taken by a professional society or public agency which may affect the specialty certification program of the society or public agency, including but not limited to modification of the requirements for certification or professional accountability. Any modifications to a specialty certification program must be approved by the PFEC prior to implementation or the program may be rejected by the Board. The modifications shall not significantly alter the qualifications and accountability within the original certification.
(4) Prior to March 1 of each calendar year, those Professional Societies and public agencies with independent certification programs shall submit to the PFEC a report which describes the previous calendar year accomplishments of the certification program, including but not limited to the number of applicants for certification, the approvals, denials, copies of examinations, and a summary of disciplinary actions, to insure the program fully protects the public interest. Failure to submit the report may result in a full review which may result in the rejection of the Certification program by the Board.
(d) All Certified Specialists are subject to annual registration and fees for renewal of Specialty Certificates pursuant to 14 CCR, Sections 1605 and 1607.
NOTE

Authority cited: Sections 759 and 762, Public Resources Code. Reference: Sections 762 and 772, Public Resources Code.
HISTORY

1. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32).
2. Amendment of NOTE filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 41).
3. Amendment filed 4-28-94; operative 5-30-94 (Register 94, No. 17).
§1651. Certified Rangeland Management Specialty.
Note     •     History

(a) A “Certified Rangeland Manager (CRM)” is a person who provides services pursuant to 14 California Code of Regulations (CCR) 1602, at the request of the landowner or hiring agent, relating to the application of scientific principles to the art and science of managing rangelands and range. A Certified Rangeland Manager shall perform professional services only in those subjects in which he or she is competent by training and experience.
(b) When a CRM is providing range management services related to the production of forage  and livestock on forested landscapes, a RPF shall be consulted if there are potential impacts on related forest resources.
(c) Qualifications as a Certified Rangeland Manager may be achieved by submitting evidence of certification by the California Section of the Society for Range Management (CA-SRM) as a Certified Rangeland Manager pursuant to its “Program for Certification of Professional Rangeland Managers” (PCPRM) dated June 5, 1992 and amended on November 4, 1993.
NOTE

Authority cited: Sections 759 and 762, Public Resources Code. Reference: Sections 762 and 772, Public Resources Code.
HISTORY

1. New section filed 4-28-94; operative 5-30-94 (Register 94, No. 17).
Chapter 11. Policy for Administration for the Department
Article 1. Policy Guides for Administration of Statutes Protecting Natural Resources
§1655. Issues to Be Referred to the Board by the Director.
Note     •     History

(a) If, in the exercise of the Director's powers pursuant to any state statute, the Director finds that there are not guidelines, standards, requirements or prohibitions contained therein, he or she shall immediately consult the Board for direction in the application of such laws.
(b) If application of any state law, other than the Forest Practice Act, raises substantial questions about the protection of the natural resources of the state under the provisions of the Forest Practice Act and would therefore bear on the Director's review of timber harvest plans pursuant to Sections 4582.7 and 4582.75 PRC, then the Director shall follow the same procedures as required by Section 4555 PRC and relevant regulations in 14 CAC 901 et seq.
(c) The rules and regulations of the Board, including the Forest Practice Rules, shall contain the policies of the Board for guidance of the Director in administering the Department. Such rules shall be interpreted to give recognition to all applicable state statutes and to harmonize questions of potential policy conflicts. If, during the administration of rules and regulations established by the Board, the Director finds conflicts, inconsistencies, or a lack of sufficiently clear standards to guide the Director or persons affected by the regulations, then the Director shall immediately seek clarification from the Board.
NOTE

Authority cited: Sections 740, 4551, 4552 and 4553, Public Resources Code. Reference: Sections 710, 740, 4552, 4555, 4582.7 and 4582.75, Public Resources Code; and NRDC v. Arcata, 59 Cal. App. 3d 959, 131 Cal. Rptr. 172 (1976).
HISTORY

1. New Chapter 10 (Section 1655) filed 3-9-78 as an emergency; effective upon filing (Register 78, No. 10).
2. Certificate of Compliance filed 5-10-78 (Register 78, No. 19).
3. Redesignation from Chapter 10 (Section 1655) to Chapter 11 (Section 1655) filed 5-19-78 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20).
4. Order of Repeal of introductory paragraph filed 8-26-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 35).
5. Editorial correction of subsection (c) and NOTE filed 10-19-82 (Register 82, No. 43). 
Article 2. Policy Guides for Administration of the Fire Protection System
§1658. Criteria for County Assumption of SRA.
Note     •     History

In approving the election of a county to assume responsibility for the prevention and suppression of all fires on all land in such county, excluding lands owned or controlled by the federal government or lands within the exterior boundaries of any city, the Director shall follow these criteria:
(a) The county shall have arrangements to provide a fire organization in place at the time of transfer, with sufficient financial support and of adequate size, depth and experience, to provide fire protection of the required type and level to the natural resources to be protected within State Responsibility Areas.
(b) The county shall submit a detailed plan that:
(1) Delineates placement of facilities, equipment and personnel for protection of State Responsibility Areas.
(2) Provides a method for orderly disposition of any state owned land and equipment, and placement of state personnel.
(3) Identifies equipment and personnel that are state supported and conditions under which the county agrees to make such personnel and equipment available to the State for authorized uses, including uses outside county boundaries.
(4) Identifies State Responsibility Areas within the county and provides the same or higher intensity of fire protection to these lands as is provided under existing levels of state protection in other comparable areas of the state.
(5) Provides for a contingency plan whereby the State will reassume protection of State Responsibility lands if the county does not provide required minimum levels of protection as required by the State.
(c) Local assumption shall not have a significant cumulative adverse effect on the ability of the Department, either geographically or organizationally, to provide the level of fire protection mandated statewide by the State Fire Plan.
(d) Local assumption shall not have a significant adverse impact on:
(1) Those agencies contracting with CDF for fire protection unless the county has arranged to assume the contract; and
(2) Federal agencies with which CDF maintains cooperative agreements and facilities.
NOTE

Authority cited: Section 740, Public Resources Code. Reference: Sections 4129, 4130 and 4133, Public Resources Code.
HISTORY

1. New Article 2 (Section 1658) filed 4-11-80; effective thirtieth day thereafter (Register 80, No. 15). 
Chapter 12. Regulations for the  Implementation of the California  Environmental Quality Act
Article 1. General
§1660. Definitions.
Note     •     History

The words used in this subchapter have the same meaning in the California Environmental Quality Act (Division 13, Public Resources Code, commencing with Section 15000, hereafter cited as “CEQA”) and the State CEQA Guidelines (Title 14, Division 6, Chapter 3). In addition to the terms used in CEQA and the State CEQA Guidelines, the following term used in these regulations has this meaning:
“Permits to burn” means those permits issued by the Department to burn trash, vegetation, agricultural waste, brush, slash, rubbish, or any other material or to build a campfire, to the extent that a permit from the Department is required.
NOTE

Authority cited: Section 21082, Public Resources Code; and 14 CAC Section 15022. Reference: Section 41852, Health and Safety Code; Sections 4118, 4371-4376, 4423-4425, 4437, 4439, 4491-4494 and 21082, Public Resources Code; and 14 CAC Section 15022.
HISTORY

1. New Subchapter 12 (Articles 1 and 2, Sections 1660-1662.9) filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 45). 
Article 2. Exemptions
§1661. Ministerial Project Exemptions.
Note

In compliance with the requirements of CEQA and the State CEQA Guidelines, the following list of ministerial project exempt activities of the Department has been compiled. This list is subject to the limitations on ministerial projects set forth in the State CEQA Guidelines. This list does not preclude inclusion of ministerial projects or other activities that come within the State CEQA Guidelines.
(a) The issuance of timber operator licenses.
(b) The issuance of State Forest Use Permits pursuant to Section 4656 of he Public Resources Code.
(c) The issuance of a California Campfire Permit pursuant to Section 4433 of the Public Resources Code.
NOTE

Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15268(c). Reference: Sections 4433, 4571-4577, 4656 and 21082, Public Resources Code; and 14 CAC Sections 15022 and 15268. 
§1662. Categorically Exempt Activities.
Note

In compliance with the State CEQA Guidelines, the following list of categorically exempt activities of the Department has been compiled. This list is subject to the limitations on categorical exemptions set forth in the State CEQA Guidelines and does not preclude inclusion of categorical exemptions for other activities that come within the State CEQA Guidelines.
NOTE

Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Sections 21080(b) and 21084, Public Resources Code; and 14 CAC Section 15300.4. 
§1662.1. Existing Facilities.
Note

Class 1: Department projects under this class will consist of operation, repair, maintenance and minor alteration of existing facilities including, but not limited to:
(a) Fuel and firebreaks and other fire defense improvements;
(b) Fire prevention signs, directional signs and facility identification signs;
(c) Service roads; and
(d) Existing buildings.
NOTE

Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Sections 4114 and 4170.5, Public Resources Code; and 14 CAC Section 15301.
§1662.2. New Construction of Small Structures.
Note

Class 3: Department projects under this class will consist of new, minor construction projects costing $5,000 or less.
NOTE

Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: 14 CAC Sections 15300.2 and 15303. 
§1662.3. Minor Alterations to Land.
Note

Class 4: Department projects under this class will consist of minor alterations to land including, but not limited to:
(a) Temporary work camps, equipment practice courses, fire prevention exhibits, equipment parking and fire tool caches; and
(b) Minor fire defense improvements.
NOTE

Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Section 4114, Public Resources Code; and 14 CAC Sections 15300.2 and 15304.
§1662.4. Minor Alterations in Land Use Limitations.
Note

Class 5: Department projects under this class will consist of minor alterations in land use limitations including, but not limited to, easements confirming existing use not leading up to a change in existing land use.
NOTE

Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Section 4114, Public Resources Code; and 14 CAC Sections 15300.2 and 15305. 
§1662.5. Information Collection.
Note

Class 6: Department projects under this class will consist of basic data collection including, but not limited to:
(a) State Forest Demonstration areas;
(b) Range improvement studies;
(c) Forest surveys;
(d) Rehabilitation of burned areas;
(e) Fire protection and reforestation studies; and
(f) Forest research in silviculture.
NOTE

Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Sections 4631, 4647, 4678-4678.7, 4692-4695, 4781-4788 and 4789.3, Public Resources Code; and 14 CAC Sections 15300.2 and 15306. 
§1662.6. Action by Regulatory Agencies for Protection of Natural Resources.
Note

Class 7: Department projects under this class will consist of actions authorized by state law or local ordinances to assure the maintenance, restoration or enhancement of natural resources where the regulatory process involves procedures for protection of the environment including, but not limited to:
(a) Establishment, modification, or dissolution of hazardous fire areas in accordance with Section 4253 of the Public Resources Code; 
(b) Establishment, modification, or dissolution of zones of insects, disease, or animal infestation or infection;
(c) Controlled burning pursuant to Section 4423 of the Public Resources Code;
(d) Closures of land or access for fire protection purposes; and
(e) Forest product waste disposal and storage.
NOTE

Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Sections 4253, 4256, 4297, 4423, 4437 and 4712-4718, Public Resources Code; and 14 CAC Sections 1300-1302 and 15307.
§1662.7. Inspections.
Note

Class 9: Department projects under this class will consist of activities which relate directly to inspections including, but not limited to:
(a) Inspections for compliance with laws and regulations such as fire prevention;
(b) Forest practice inspections;
(c) Scaling and inspection of timber products or nursery stock;
(d) Facility and building inspections; and
(e) Inspections for compliance with the Agriculture and Consumer Protection Act of 1973 (16 USC 1331 et seq.) and other federal-state cooperative programs including, but not limited to:
(1) The Clarke-McNary Act (16 USC 564 et seq.).
(2) The Forestry and Rangeland Renewable Resources Planning Act (16 USC 1600-1614).
(3) National Forest Management Act of 1976 (16 USC 1600 et seq.).
NOTE

Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Section 13109, Health and Safety Code; Sections 4185, 4291-4296.5, 4582.7, 4586, 4588 and 4604, Public Resources Code; 14 CAC Sections 1037, 1037.5, 15309; 16 USC 564 et seq.; and 16 USC 1600 et seq.
§1662.8. Surplus Government Property Sales.
Note

Class 12: Department projects under this class will consist of sales of surplus government property including, but not limited to, sales of forest products pursuant to Public Resources Code 4650.
NOTE

Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Section 4650, Public Resources Code; and 14 CAC Section 15312.
§1662.9. Annexations of Existing Facilities and Lots for Exempt Facilities.
Note

Class 19: Department projects under this class will consist of annexations including, but not limited to, organization and reorganization of fire districts.
NOTE

Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Section 13821, Health and Safety Code; and 14 CAC Section 15319.
Article 3. Private Services Selection Policy
§1663. Private Services.
Note     •     History

(a) The services of private environmental, architectural, engineering, or construction project management consulting firms must be procured by the Director pursuant to these regulations only if they would lead to, or result in, services for the approval of a project as defined in Section 21065 Public Resources Code.
(b) Such services shall be secured on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, pursuant to Section 4526 Government Code.
NOTE

Authority cited: Section 4526, Government Code.  Reference: Sections 4526 and 4527, Government Code.
HISTORY

1. New article 3 and section filed 6-9-94; operative 6-9-94 (Register 94, No. 23).
§1663.1. Definitions.
Note     •     History

“Architectural and engineering services” includes those professional services of an architectural or engineering nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform.  “Environmental Services” means those services performed in connection with project development and permit processing in order to comply with federal and state environmental laws. “Construction Project Management” means those services provided by a licensed architect, registered engineer, or licensed general contractor which meet the requirements of Section 4529.5 of the Government Code for management and supervision of work performed on state construction projects.
NOTE

Authority cited: Section 4526, Government Code.  Reference: Sections 4525, 4526, 4527 and 4529.6, Government Code.
HISTORY

1. New section filed 6-9-94; operative 6-9-94 (Register 94, No. 23).
§1663.2. Publication of Announcement.
Note     •     History

(a) When a project requiring environmental, architectural, engineering, or construction project management services is identified, an announcement shall be made by the Director through publication of professional societies as follows:
(1) If the services will be predominantly architectural, the California Council, American Institute of Architects.
(2) If the services will be predominantly engineering, the Consulting Engineers Association of California.
(b) The notice of announcement shall also be advertised in two major California daily newspapers and in the California State Contracts Register.  Failure of the professional societies or newspapers to publish the notice of announcement shall not operate to invalidate any contract.
(c) The announcement shall contain the following minimal information: 
(1) the nature of the work,
(2) the criteria upon which the award shall be made, and
(3) the time period within which statements of interest, qualification and performance data will be received.
NOTE

Authority cited: Section 4526, Government Code.  Reference: Sections 4526 and 4527, Government Code.
HISTORY

1. New section filed 6-9-94; operative 6-9-94 (Register 94, No. 23).
§1663.3. Establishment of Criteria.
Note     •     History

The Director shall apply criteria which will comprise the basis for selection for each project which shall include such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel, staff capability, workload, ability to meet schedules, principles to be assigned, nature and quality of completed work, reliability and continuity of the firm, location, professional awards and other considerations deemed relevant.  Such factors shall be weighed by the Director according to the nature of the project, the needs of the State, and complexity and special requirements of the specific project.
NOTE

Authority cited: Section 4526, Government Code.  Reference: Sections 4526 and 4527, Government Code.
HISTORY

1. New section filed 6-9-94; operative 6-9-94 (Register 94, No. 23).
§1663.4. Selection of Services.
Note     •     History

After expiration of the period stated in the publications, the Director shall evaluate statements of qualifications and performance data on file in the Department.  The Director shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required service.  From the firms with which discussion are held, the Director shall select no less than three, in order of preference, based upon the established criteria, who are deemed to be the most highly qualified to provide the required services.
NOTE

Authority cited: Section 4526, Government Code.  Reference: Sections 4526 and 4527, Government Code.
HISTORY

1. New section filed 6-9-94; operative 6-9-94 (Register 94, No. 23).
§1663.5. Estimate of Value of Services.
Note     •     History

Before any discussion with any environmental firm concerning fees, the Director shall cause an estimate of the value of such services to be prepared.  Such estimate shall be, and remain, confidential until award of contract or abandonment of any further procedure for the services to which it relates.
NOTE

Authority cited: Section 4526, Government Code.  Reference: Sections 4526 and 4527, Government Code.
HISTORY

1. New section filed 6-9-94; operative 6-9-94 (Register 94, No. 23).
§1663.6. Negotiation.
Note     •     History

The Director shall attempt to negotiate a Project with the best qualified firm.  Should the Director be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at fair and reasonable compensation, negotiations with that firm shall be terminated.  The Director shall then undertake negotiations with the second most qualified firm.  Failing accord, negotiations shall be terminated.  The Director shall then undertake negotiations with the third most qualified firm.  Failing accord, negotiations shall be terminated.  Should the Director be unable to negotiate a satisfactory contract with any of the selected firms, the Director may select additional firms in the manner described and continue the negotiation procedure.
NOTE

Authority cited: Section 4526, Government Code.  Reference: Sections 4526 and 4527, Government Code.
HISTORY

1. New section filed 6-9-94; operative 6-9-94 (Register 94, No. 23).
§1663.7. Amendments.
Note     •     History

In instances where the State affects a necessary change in the project during the course of performance of the contract, the firm's compensation may be adjusted by mutual written agreement in a reasonable amount where the amount of work to be performed by the firm is changed from that which existed previously in the contemplation of the Parties.
NOTE

Authority cited: Section 4526, Government Code.  Reference: Sections 4526 and 4527, Government Code.
HISTORY

1. New section filed 6-9-94; operative 6-9-94 (Register 94, No. 23).
§1663.8. Contracting in Phases.
Note     •     History

Should the Director determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price in the initial instance, provided that the Director shall have determined that the firm is best qualified to perform the whole project at reasonable cost, and the contract contains provisions that the State, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated, mutually agreed upon and reflected in a  subsequent written instrument, the procedure with regard to estimates and negotiation shall otherwise be applicable.
NOTE

Authority cited: Section 4526, Government Code.  Reference: Sections 4526 and 4527, Government Code.
HISTORY

1. New section filed 6-9-94; operative 6-9-94 (Register 94, No. 23).
§1663.9. Small Business Participants.
Note     •     History

The Director shall endeavor to provide to all small business firms who have indicated an interest in receiving such, a copy of each announcement for projects for which the Director concludes that small business firms could be especially qualified.  The Director shall assist firms in attempting to qualify for small business status.  A failure of the Director to send a copy of an announcement to any firm shall not operate to invalidate any contract.
NOTE

Authority cited: Section 4526, Government Code.  Reference: Sections 4526 and 4527, Government Code.
HISTORY

1. New section filed 6-9-94; operative 6-9-94 (Register 94, No. 23).
Chapter 13. State Responsibility Area Fees
§1665.1. Authority.
Note     •     History

This chapter sets out procedures for implementation and collection of “State Responsibility Area Fire Prevention Benefit Fees” (hereafter referred to as “Benefit Fee”), as required by Assembly Bill X1 29, Chapter 8, Statutes 2011, Public Resources Code Section 4210, et seq. 
NOTE

Authority cited: Section 4212, Public Resources Code. Reference: Sections 4102, 4111, 4114 and 4125, Public Resources Code.
HISTORY

1. Amendment of chapter heading and new chapter 13 (sections 1665.1-1665.8) and section filed 1-23-2012 as an emergency; operative 1-23-2012 (Register 2012, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-23-2012 or emergency language will be repealed by operation of law on the following day. For prior history of chapter 13 (sections 1665.1-1665.5), see Register 2005, No. 11.
§1665. 2 Definitions.
Note     •     History

“Dwelling Unit”, for purposes of implementation of Sections 4210-4228 of the Public Resources Code, is a unit providing independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking, and sanitation. Mobile and manufactured homes and condominiums are considered as dwelling units.
“Habitable Structure”, for purposes of implementation of Sections 4210-4228 of the Public Resources Code, means a building that contains one or more dwelling units or that can be occupied for residential use. Buildings occupied for residential use include single family homes, multi-dwelling structures, mobile and manufactured homes, and condominiums. Habitable structures do not include incidental buildings such as detached garages, barns, outdoor sanitation facilities, and sheds. 
“Manufactured home” has the same meaning as Health and Safety Code Section 18007(a).
“Mobile home” has the same meaning as Health and Safety Code Section 18008(a).
“Property Owner”, means that individual, company, corporation, or other entity that is the owner of record of said habitable structure in the county tax assessor rolls or as recorded in the records of the Department of Housing and Community Development on July 1 of the state fiscal year for which the fee is due. 
“State Responsibility Area” means those areas defined in Section 4102 and delineated pursuant to Sections 4125-4128 of the Public Resources Code. These lands are shown on digital maps maintained by the California Department of Forestry and Fire Protection at its Sacramento Headquarters and may be viewed there or in low resolution at the California Department of Forestry and Fire Protection website: http://www.bof.fire.ca.gov/sra viewer/.
“Benefit Fee” means the fire prevention benefit fee imposed pursuant to Sections 4210-4228 of the Public Resources Code.
“Fire Prevention Fund” means the State Responsibility Area Fire Prevention Fund created by Public Resources Code Section 4214 for deposit of all annual Benefit Fees collected and from which expenditures are authorized pursuant to the annual Budget Act, including grants that may be awarded pursuant to 14 CCR Section 1665.8.
NOTE

Authority cited: Sections 4211, 4212 and 4214, Public Resources Code. Reference: Sections 4102 and 4211, Public Resources Code; and Sections 18007(a) and 18008(a), Health and Safety Code. 
HISTORY

1. New section filed 1-23-2012 as an emergency; operative 1-23-2012 (Register 2012, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-23-2012 or emergency language will be repealed by operation of law on the following day.
§1665.3. Determination of Eligible Habitable Structure.
Note     •     History

Determinations of eligible habitable structures and the associated fees within State Responsibility Areas shall be completed statewide by the Department or for the Department by its “Designated Fee Administrator” pursuant to Public Resources Code Section 4210, et seq. and 14 CCR Sections 1665.1-1665.8.
NOTE

Authority cited: Sections 4212, 4213 and 4214, Public Resources Code. Reference: Sections 4111, 4212, 4213 and 4214, Public Resources Code.
HISTORY

1. New section filed 1-23-2012 as an emergency; operative 1-23-2012 (Register 2012, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-23-2012 or emergency language will be repealed by operation of law on the following day.
§1665.4. Imposition of the Benefit Fee.
Note     •     History

The Benefit Fee will be imposed on all property owners with one or more habitable structures within State Responsibility Areas as defined in Public Resources Code Section 4102 and pursuant to Public Resources Code Sections 4125-4128. 
NOTE

Authority cited: Section 4212, Public Resources Code. Reference: Sections 4102, 4111, 4210 and 4211, Public Resources Code.
HISTORY

1. New section filed 1-23-2012 as an emergency; operative 1-23-2012 (Register 2012, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-23-2012 or emergency language will be repealed by operation of law on the following day.
§1665.5. Request for Review and Refunds.
Note     •     History

(a) A property owner from whom the Benefit Fee is determined to be due under Public Resources Code Section 4213 et seq. may petition the Department for a redetermination regarding the fee and amount determined within 30 days after service upon him or her of a notice of the determination. 
(1) The Department may delegate the receipt and review of petitions to a Designated Fee Administrator of its choice. The Designated Fee Administrator must be qualified by experience in preparing and administering one of the following for a fire district: benefit assessments, benefit fees, or special taxes. 
(2) The petition may be filled out and submitted by a property owner subject to the Benefit Fee or by the Department or Designated Fee Administrator in consultation with and on behalf of the property owner.
(3) The petition shall include information that states the specific basis or grounds upon which the petition is founded and includes supporting documentation. The petition must be based on whether the fee as specified in Public Resources Code Section 4213 et seq. applies to the specific property for which the petition was filed. Examples of specific issues that may be considered by the Department or Designated Fee Administrator include, but are not limited to, the location of the structure in an SRA, determination of the number of applicable habitable structures, and the related fee amount calculated. 
(4) Petitions received by the Department or Designated Fee Administrator more than 30 days from service upon him or her of a notice of the determination shall not be considered. If a petition will not be considered, the Department or Designated Fee Administrator shall notify the petitioner.
(5) After receipt of a petition, the Department or the Designated Fee Administrator may request additional information from the property owner if, in their opinion, the petition does not give adequate information to permit full review of the fee and the petition. 
(6) The petition may be amended to state additional grounds or provide additional documentation at any time prior to the date that the Department or the Designated Fee Administrator issues its decision with regard to the petition for redetermination.
(7) The petition shall be sent by the petitioner to the address indicated by the Department; this may be the address of the Department's Designated Fee Administrator. 
(8) The Department or its Designated Fee Administrator shall complete its review of the petition for redetermination within 60 days. 
(9) Based on its review of the petition for redetermination, the Department or its Designated Fee Administrator may decide if the fee is valid and due in the amount of the original fee, may modify the fee, or may eliminate the fee based on a determination that it should not apply to the property owner who filed the petition. 
(10) The decision of the Department or its Designated Fee Administrator shall be in writing and shall indicate the reasons for the decision on the petition. 
(11) If the decision modifies or eliminates the fee, the Department or its Designated Fee Administrator shall make appropriate modifications to the next and subsequent lists of property owners and fee amounts submitted to the State Board of Equalization.
(12) The decision on the petition for redetermination by the Department or its Designated Fee Administrator shall be served on the petitioner as described in Section 4226 of the Public Resources Code. On the same date, the Department or its Designated Fee Administrator shall notify the Board of Forestry and Fire Protection and the State Board of Equalization. The Department will maintain copies of decisions on all petitions for redetermination petitions for use of the Board of Forestry and Fire Protection and State Board of Equalization.
(13) The decision of the Department or its Designated Fee Administrator upon a petition for redetermination of the Benefit Fee shall become final 30 days after service upon the petitioner of notice of the determination. 
(14) If the Department or its Designated Fee Administrator determines that a property owner is entitled to a refund of all or part of the Benefit Fee paid pursuant to this chapter, the property owner, or the Department or Designated Fee Administrator on behalf of the property owner, shall make a claim to the State Board of Equalization pursuant to Chapter 5 (commencing with Section 55221) of Part 30 of Division 2 of the Revenue and Taxation Code. 
NOTE

Authority cited: Sections 4212, 4213, 4214 and 4220, Public Resources Code. Reference: Sections 4221, 4222, 4222.5, 4223, 4224, 4225, 4226 and 4227, Public Resources Code. 
HISTORY

1. New section filed 1-23-2012 as an emergency; operative 1-23-2012 (Register 2012, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-23-2012 or emergency language will be repealed by operation of law on the following day.
§1665.6. Fee Structure.
Note     •     History

(a) The Board has been directed by the legislature to impose a fee that will provide funding necessary for fire prevention activities.
(b) The Benefit Fee shall be one hundred-fifty dollars ($150.00) per habitable structure. 
(c) Fees shall be deposited in the Fire Prevention Fund.
(d) On July 1, 2013 and at its June meeting prior to each subsequent July 1, the Board shall adjust the rate to reflect the percentage of change in the average annual value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as calculated by the United States Department of Commerce for the 12-month period in the third quarter of the prior calendar year, as reported by the Department of Finance.
NOTE

Authority cited: Sections 4212, 4213 and 4214, Public Resources Code. Reference: Sections 4210, 4211, 4212 and 4214, Public Resources Code.
HISTORY

1. New section filed 1-23-2012 as an emergency; operative 1-23-2012 (Register 2012, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-23-2012 or emergency language will be repealed by operation of law on the following day.
§1665.7. Fee Exemptions.
Note     •     History

Property owners of habitable structures within a State Responsibility Area and also within the boundaries of a local agency that provides fire protection services shall receive a reduction of thirty-five dollars ($35.00) per habitable structure.
NOTE

Authority cited: Section 4212, Public Resources Code. Reference: Sections 4117, 4125, 4127 and 4210, Public Resources Code. 
HISTORY

1. New section filed 1-23-2012 as an emergency; operative 1-23-2012 (Register 2012, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-23-2012 or emergency language will be repealed by operation of law on the following day.
§1665.8. Grant Program.
Note     •     History

(a) The Board shall administer a granting program funded from the Benefit Fees collected. Grants shall be awarded to organizations within counties in direct proportion to the benefit fee paid by individual property owners in that county.
(b) Grants awarded from the Fire Prevention Fund shall be awarded to local agencies, Fire Protection Districts, Fire Safe Councils, the California Conservation Corps, and other organizations accepted by the Board to support the following priorities: 
(1) Development or updating of a Community Wildfire Protection Plan (CWPP), local hazard mitigation plan, or community-based wildfire hazard or risk analysis.
(2) Development of General Plan elements, including the Safety Element, and “Fire Safe Regulations” to be certified by the Board pursuant to Public Resources Code Section 4290.
(3) Community fuel reduction projects in State Responsibility Areas.
(4) Other community fire safety and fire prevention projects, including fire prevention education, designed to reduce the risk of wildfire in State Responsibility Areas.
NOTE

Authority cited: Sections 4212, and 4214, Public Resources Code. Reference: Sections 4102, 4111, 4112, 4113, 4114, 4740 and 4741, Public Resources Code.
HISTORY

1. New section filed 1-23-2012 as an emergency; operative 1-23-2012 (Register 2012, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-23-2012 or emergency language will be repealed by operation of law on the following day. 
Chapter 13. State Responsibility Fees [Repealed]
HISTORY

1. Repealer of chapter 13 (sections 1665.1-1665.5) and repealer of section by operation of Government Code section 11346.1(g) (Register 2005, No. 11).
Division 2. Department of Conservation
Chapter 1. Department of Conservation--Conflict of Interest Code
§1670. General Provisions.
Note     •     History

The Political Reform Act (Government Code Sections 81000, et seq.), requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Sec. 18730) which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories shall constitute the conflict of interest code of the Department of Conservation.
Designated employees shall file statements of economic interests with the Department. Upon receipt of the statements of the Director and members of Boards and Commissions, the Department shall make and retain a copy and forward the originals of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the Department which shall make them available for public inspection and reproduction.
NOTE

Authority cited: Sections 87300 and 87306, Government Code. Reference: Sections 87300, et seq., Government Code.
HISTORY

1. New Chapter 1 (Sections 1670-1675) filed 4-7-78; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 7-6-77 (Register 78, No. 14).
2. Repealer of Chapter 1 (Sections 1670-1675) and new Chapter 1 (Section 1670 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Repealer of Appendix and new Appendix A filed 7-15-83; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 6-6-83 (Register 83, No. 29).
4. Amendment of Appendix filed 7-14-89; operative 8-13-89. Approved by Fair Political Practices Commission 6-2-89 (Register 89, No. 29).
5. Amendment of section and Appendix filed 6-19-95; operative 7-19-95. Submitted to OAL for printing only pursuant to Government Code section 11346.2 (Register 95, No. 25).
6. Amendment of Appendix filed 11-23-98; operative 12-23-98. Approved by Fair Political Practices Commission 9-30-98 (Register 98, No. 48).
7. Amendment of section, Note and Appendix filed 7-27-2004; operative 8-26-2004. Approved by Fair Political Practices Commission 6-3-2004 (Register 2004, No. 31).
8. Amendment of Appendix A filed 1-10-2008; operative 2-9-2008. Approved by Fair Political Practices Commission 12-7-2007 (Register 2008, No. 2).
9. Amendment of section and Appendix A filed 4-25-2011; operative 5-25-2011. Approved by Fair Political Practices Commission 3-2-2011  (Register 2011, No. 17).

Appendix A  Designated Employees and Retired Annuitants filling such positions under the Conflict-of-Interest Code of the  Department of Conservation
The following individuals are hereby required to file statements of economic interests in accordance with the disclosure category indicated:

	Disclosure
Position	Category

Department-Wide

All Exempt positions	1
All Career Executive Assignment (CEA) positions	1

Executive

Director (Exempt)	 1
Chief Deputy Director (Exempt)	 1
Deputy Director (CEA)	 1
Members, State Mining and Geology Board (Exempt)	 1
Executive Officer / Special Representative, State Mining and 
 Geology Board (Exempt)	 1
Senior Engineering Geologist, State Mining and Geology Board	 1
Administrative Assistant II	 1

Office of Mine Reclamation

Assistant Director, Office of Mine Reclamation (CEA)	1

All employees in the following Office of Mine Reclamation classifications 
 or series:

Management Auditor	1
Supervising Environmental Planner	1
Environmental Program Manager	1
Supervising Geologist	1
Senior Biologist	1
Senior Engineering Geologist	1
Engineering Geologist	1
Staff Services Manager	1
Environmental Planner	3
Research Analyst	3
Associate Governmental Program Analyst	3
Environmental Scientist	3
Staff Services Analyst	3
Executive Assistant	3

Legal Office

Chief Counsel (CEA)	1

All employees in the following Legal Office classifications or series:

Staff Counsel IV	1
Staff Counsel III	1
Staff Counsel	1
Senior Legal Analyst	1
Legal Analyst	1
Legal Intern	1
Administrative Assistant	2

Office of Governmental and Environmental Relations

Assistant Director, Office of Governmental and Environmental
 Relations (CEA)	1

All employees in the following Office of Governmental and 
 Environmental Relations classifications or series:

Staff Services Manager	1
Associate Governmental Program Analyst	1
Staff Services Analyst	1

Public Affairs Office

Assistant Director, Public Affairs Office (Exempt)	1

All employees in the following Public Affairs Office classifications or series:

Information Officer	1

Office of Equality, Safety, and Workforce Planning

Chief, Office of Equality, Safety & Workforce Planning	1

All employees in the following Office of Equality, Safety and 
 Workforce Planning classifications or series:

Staff Services Manager	1
Training Officer	7
Associate Governmental Program Analyst	7
Staff Services Analyst	7

Division of Land Resource Protection

Assistant Director, Division of Land Resource Protection (Exempt)	 1
Chief Deputy, Division of Land Resource Protection (CEA)	  1

All employees in the following Division of Land Resource Protection
 classifications or series:

Environmental Program Manager	1
Program Manager, California Bay Delta Authority	1
Land and Water Use Scientist (Senior and above)	1
Land and Water Use Scientist (Entry, Associate and Staff)	6
Environmental Scientist	6
Environmental Planner	6
Research Analyst	6
Associate Governmental Program Analyst	6
Staff Services Analyst	7

Division of Administration

Deputy Director, Division of Administration (CEA)	1

All employees in the following Division of Administration 
 classifications or series:

Staff Services Manager	1
Accounting Administrator	1
Business Services Officer	2
Accounting Officer	2
Senior Accounting Officer	2
Associate Administrative Analyst	2
Associate Budget Analyst	2
Associate Governmental Program Analyst	2
Staff Services Analyst	2
Business Services Analyst	2

Human Resources Office

Chief, Human Resources Office	1

All employees in the following Human Resources Office 
 classifications or series:

Staff Services Manager	1
Associate Personnel Analyst	2
Personnel Supervisor	2
Staff Services Analyst	2

Enterprise Technology Services Division

Assistant Director, Enterprise Technology Services Division 
 (CEA)	 1

All employees in the following Enterprise Technology Services Division 
 classifications or series:

Data Processing Manager	5
Research Program Specialist	5
Information Systems Analyst (Associate and above)	5
Systems Software Specialist	5
Programmer Analyst	5
Associate Governmental Program Analyst	5
Staff Services Analyst	5

California Geological Survey

State Geologist (CEA)	  1

All employees in the following California Geological Survey 
 classifications or series:

Supervising Geologist	7
Supervising Engineering Geologist	7
Senior Engineering Geologist	3 and 7
Senior Geologist	3 and 7
Senior Materials and Research Engineer	3 and 7
Senior Civil Engineer	3 and 7
Senior Seismologist	3 and 7
Staff Services Manager	3 and 7
Engineering Geologist	3 and 7
Research Program Specialist	3 and 7
Research Manager	3 and 7
Staff Electronic and Instrumentation Engineer	3 and 7
Senior Librarian	3 and 7
Research Analyst	3 and 7
Associate Planner	3 and 7
Associate Seismologist	3 and 7
Senior Precision Electronics Specialist	3 and 7
Associate Governmental Program Analyst	3 and 7
Staff Services Analyst	3 and 7
Associate Civil Engineer	3 and 7

Division of Oil, Gas, and Geothermal Resources

State Oil and Gas Supervisor (CEA)	  1
Chief Deputy Oil and Gas Supervisor (CEA)	  1

All employees in the following Division of Oil, Gas, and Geothermal 
 Resources classifications or series:

Supervising Oil and Gas Engineers	  1
Senior Oil and Gas Engineers	  1
Associate Oil and Gas Engineers	4
Energy and Mineral Resources Engineer	4
Oil and Gas Technician	4
Research Program Specialist	4
Associate Governmental Program Analyst	4
Staff Services Analyst	4
Supervisor of Technical Publications	4
Environmental Planner	4
Environmental Program Manager	4

Consultants

Consultants (Department-wide)	*1
Consultants are “designated employees” for the purposes of these provisions and shall disclose pursuant to the broadest disclosure category in the Code, subject to the following limitation: The Director may determine in writing that a particular consultant, although a “designated employee,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in the Code. This written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure required. The Director's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

Department of Conservation
Disclosure Categories
Disclosure Category 1:
A designated employee in this category must report all investments, business positions, interests in real property, and sources of income, including gifts, loans and travel payments.
Disclosure Category 2:
A designated employee in this category, must report all income (including gifts, loans, and travel payments) from any business entity that provides services, supplies, materials, machinery, or equipment of the type used by the Department of Conservation. These employees must also report all investments and business positions in any business entity that provides services, supplies, materials, machinery, or equipment of the type used by the Department of Conservation. 
Disclosure Category 3:
A designated employee in this category must report real property that may be affected by or subject to any provisions, guidelines, rules, regulations, or policies adopted, enforced or promulgated by the California Geological Survey, the Office of Mine Reclamation or the State Mining and Geology Board. A designated employee in this category must also report all investments and business positions in, and income (including gifts, loans, and travel payments) from, any business entity of the type that may be affected by or subject to any provisions, guidelines, rules, regulations, or policies adopted, enforced or promulgated by the California Geological Survey, the Office of Mine Reclamation, or the State Mining and Geology Board. This includes, but is not limited to, business entities of the type that are regularly engaged in: real estate development, mining, quarrying, mineral refining or smelting operations, logging operations, geothermal and petroleum development, or public utility facility development; or the manufacturing, distribution, sale, repair, or advertising of products for use in exploration, development and design criteria, and construction of facilities; or projects involving siting investigations or land use. 
Disclosure Category 4:
A designated employee in this category must report real property that may be affected by or subject to any provisions, guidelines, rules, regulations, or policies adopted, enforced or promulgated by the Division of Oil, Gas, & Geothermal Resources. A designated employee in this category must also report all investments and business positions in, and income (including gifts, loans, and travel payments) from, any business entity of the type that may be affected by or subject to any provisions, guidelines, rules, regulations, or policies adopted, enforced or promulgated by the Division of Oil, Gas, & Geothermal Resources. This includes, but is not limited to, business entities of the type that are regularly engaged in: the extraction and/or production of oil, gas or geothermal resources; or providing consulting, research or other contractual services to companies sponsoring such developments; or the manufacturing, distribution, sale, repair or advertising of products for use in exploration, development and design criteria, and construction of facilities; or projects involving siting investigations or land use.
Disclosure Category 5:
A designated employee in this category must report all investments and business positions in, and income (including gifts, loans, and travel payments) from, sources of the type that provide equipment, hardware, software, facilities, supplies, training, consulting, or services related to information technology, geographical information systems, electronic records storage, audio, video, multimedia, and telecommunications, of the type used by the Department of Conservation. 
Disclosure Category 6:
A designated employee in this category must report real property that may be affected by or subject to any provisions, guidelines, rules, regulations, or policies adopted, enforced or promulgated by the Division of Land Resource Protection. A designated employee in this category must also report all investments and business positions in, and income (including gifts, loans, and travel payments) from, any source of the type that may be affected by or subject to any provisions, guidelines, rules, regulations, or policies adopted, enforced or promulgated by the Division of Land Resource Protection. This includes, but is not limited to, sources of the type that are involved in the Williamson Act program or are recipients of grants from the Division of Land Resource Protection. 
Disclosure Category 7
A designated employee in this category must report all income (including gifts, loans, and travel payments) from any business entity that provides services, supplies, materials, machinery, or equipment of the type used by the division in which they are employed. These employees must also report all investments and business positions in any business entity that provides services, supplies, materials, machinery, or equipment of the type used by their division. 

Note: Authority cited: Sections 87300 and 87306, Government Code. Reference: Sections 87300-87302 and 87306, Government Code.
Chapter 2. Implementation of the California Environmental Quality Act of 1970
Article 1. Definitions
§1681. Scope of Regulations.
Note     •     History

These regulations refer to the requirements of the Division of Oil, Gas, and Geothermal Resources in the preparation of environmental documents under CEQA. They are to be used in conjunction with the “State CEQA Guidelines,” Title 14 California Code of Regulations, Sections 15000 et seq.
NOTE

Authority cited: Sections 606, 3013 and 21082, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
HISTORY

1. Repealer of Chapter 2 (Articles 1-9; Sections 1680-1695, not consecutive; Appendix A and B) and new Chapter 2 (Articles 1-3; Sections 1680-1682) filed 12-29-78 as an emergency; designated effective 1-1-79 (Register 78, No. 52). For prior history, see Registers 78, No. 14; 77, No. 14; and 73, No. 15.
2. Repealer of Chapter 2 (Articles 1-3, Sections 1680-1682) and new Chapter 2 (Articles 1-8, Sections 1681-1690.2, Appendix A) filed 8-27-79; effective thirtieth day thereafter (Register 79, No. 35).
3. *Repealer of Chapter 2 (Articles 1-8, Sections 1681-1690.2, not consecutive, and Appendix A) and new Chapter 2 (Articles 1-5, Sections 1681-1685, not consecutive) filed 9-21-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
. *The reorganization of Chapter 2 is printed as a repealer and adoption for clarity.
§1681.1. Decision Making Body.
Note     •     History

“Decision making body” means any person or group of people within a public agency permitted by law to approve or disapprove the project at issue. Where an applicant requests approval of a Notice of Intention to drill for an oil, gas, or geothermal well, the “decision making body” is the State Oil and Gas Supervisor or his or her representative.
NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Section 21080, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1681.2. Lead Agency. [Repealed]
Note     •     History

NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Sections 3715.5, 21065.5 and 21067, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
2. Repealer filed 10-18-2004; operative 11-17-2004 (Register 2004, No. 43).
§1681.3. Notice of Intent to Prepare Environmental Document. [Repealed]
Note     •     History

NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Section 21080.3, Public Resources Code.
HISTORY

1. Repealer filed 10-18-2004; operative 11-17-2004 (Register 2004, No. 43).
§1681.4. Geothermal Exploratory Project.
Note

(a) A geothermal exploratory project is for the purpose of evaluating the presence and characteristics of geothermal resources prior to starting a geothermal field development project. An exploratory project is comprised of not more than six wells. The wells must be located at least one-half mile from the surface location of any existing geothermal wells that are capable of producing geothermal resources in commercial quantities.
(b) For the purpose of preparing an environmental document for an exploratory project, a description of the environmental impacts of a project shall be limited to the proposed drill sites, the proposed wells, and any roads or other facilities that may be required before the exploratory wells can be drilled.
The environmental document for the exploratory project does not need to describe the environmental impacts of any future exploratory or development projects.
NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Sections 21065.5 and 21090.1, Public Resources Code.
Article 2. General Responsibilities for Geothermal Projects
§1682. Contents of a Geothermal Project Application.
Note     •     History

An application for a geothermal exploratory project shall include:
(a) A statement declaring that the purpose of the proposed project is to evaluate the presence and characteristics of geothermal resources and that the surface location of each well in the project is at least one-half mile from the surface location of an existing well capable of producing geothermal resources in commercial quantities.
(b) The following information in narrative form:
(1) A description of the project including a regional map showing the location of the proposed well(s).
(2) A statement of whether or not the project is compatible with existing zoning and State and local plans.
(3) A description of the environmental setting.
(4) A description of probable short-term and long-term environmental effects of the project.
(5) A description of measures acceptable to the project sponsor which mitigate the project's probable environmental effects.
(6) A description of any significant adverse environmental impacts which the project sponsor cannot mitigate.
(c) A statement that the sponsor agrees to provide additional environmental information the Division may need to complete any environmental documents required by CEQA.
NOTE

Authority cited: Sections 3012 and 21082, Public Resources Code. Reference: Sections 3715.5 and 21160, Public Resources Code.
HISTORY

1. Amendment of article heading, section heading and Note filed 10-18-2004; operative 11-17-2004 (Register 2004, No. 43).
§1682.1. Lead Agency CEQA Time Limits for Geothermal Projects.
Note     •     History

When the Division accepts an application for a geothermal exploratory project as complete, the Division shall prepare or cause the preparation of the required environmental documents and make a decision on the project within 135 days.
(a) The time limit shall be measured from the date on which the application is accepted as complete.
(b) Within 30 days after receiving an application for a geothermal exploratory project, the Division shall determine whether the application is complete and whether the project will require a Notice of Exemption, an Environmental Impact Report (EIR) or a Negative Declaration.
(c) The Division shall consult with Responsible Agencies to discuss the scope and content of a proposed environmental document pursuant to Section 168.3.1(b) of these regulations.
NOTE

Authority cited: Sections 3012 and 21082, Public Resources Code. Reference: Sections 3715.5, 21080.1 and 21080.3, Public Resources Code.
HISTORY

1. Change without regulatory effect amending first paragraph filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
2. Amendment of section heading, section and Note filed 10-18-2004; operative 11-17-2004 (Register 2004, No. 43).
§1682.2. Responsible Agency CEQA Time Limits. [Repealed]
Note     •     History

NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Section 21080.4, Public Resources Code.
HISTORY

1. Repealer filed 10-18-2004; operative 11-17-2004 (Register 2004, No. 43).
§1682.3. Delegation of Lead Agency Responsibilities for Geothermal Exploratory Projects. [Repealed]
Note     •     History

NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Section 3715.5, Public Resources Code.
HISTORY

1. Change without regulatory effect repealing section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
Article 3. Application of the Act to Geothermal Projects
§1683. Federal Geothermal Project Coordination.
Note     •     History

Where a geothermal exploratory project will be subject to both CEQA and the National Environmental Policy Act, the Division shall approve or disapprove the project within 135 days.
NOTE

Authority cited: Sections 3012 and 21082, Public Resources Code. Reference: Sections 3715.5, 21083.5 and 21083.7, Public Resources Code.
HISTORY

1. Amendment of article heading, section heading, section and Note filed 10-18-2004; operative 11-17-2004 (Register 2004, No. 43).
§1683.1. Consultation In Connection with a Geothermal Project.
Note     •     History

(a) Prior to determining whether a Notice of Exemption, Negative Declaration, or EIR is required for a geothermal exploratory project, the Division shall consult with each Responsible Agency and Trustee Agency responsible for natural resources affected by the project.
(b) In connection with a geothermal exploratory project, the Division shall consult with Responsible Agencies to discuss the scope and content of a proposed environmental document as soon as possible but not later than 30 days after the Division receives an application. The Division may waive this requirement if the project has no significant environmental impact or if the project sponsor agrees to mitigate all foreseeable environmental impacts. This requirement may be met through written correspondence.
NOTE

Authority cited: Sections 3012 and 21082, Public Resources Code. Reference: Sections 3715.5 and 21080.3, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
2. Amendment of section heading, section and Note filed 10-18-2004; operative 11-17-2004 (Register 2004, No. 43).
§1683.2. Geothermal Discretionary Projects.
Note     •     History

Permitting actions of the Division for geothermal exploratory projects are discretionary under CEQA, when the Division acts as lead agency.
NOTE

Authority cited: Sections 3012 and 21082, Public Resources Code. Reference: Sections 3715.5 and 21080, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
2. Amendment of section heading, section and Note filed 10-18-2004; operative 11-17-2004 (Register 2004, No. 43).
§1683.3. Procedures for Exempted Projects. [Repealed]
Note     •     History

NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Section 3715.5, Public Resources Code.
HISTORY

1. Change without regulatory effect amending subsection (b) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
2. Repealer filed 10-18-2004; operative 11-17-2004 (Register 2004, No. 43).
§1683.5. Responsible Agency CEQA Time Limits.
Note

As soon as possible after receiving a Notice of Preparation and in no event more than 45 days after receiving the notice, a Responsible Agency shall inform the Lead Agency of the scope and content of the environmental information that the Responsible Agency would need in the EIR.
NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
§1683.6. Delegation of Responsibilities for Geothermal Lead Agency.
Note     •     History

The Division may delegate its Lead Agency responsibility for geothermal exploratory projects to a county that has adopted a geothermal element for its general plan and agreed to complete its Lead Agency responsibilities for such projects within 135 days of receipt of a complete application for such project.
NOTE

Authority cited: Sections 3012 and 21082, Public Resources Code. Reference: Section 3715.5, Public Resources Code.
HISTORY

1. Change without regulatory effect amending subsection (d) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
2. Amendment of section heading, section and Note filed 10-18-2004; operative 11-17-2004 (Register 2004, No. 43).
§1683.7. Delegation of Lead Agency Responsibilities for Geothermal Exploratory Projects.
Note     •     History

(a) A request for delegation of Lead Agency responsibilities for geothermal exploratory projects shall contain a letter of request signed by the Chairperson of the Board of Supervisors, copies of the county's adopted geothermal element, the final environmental document on the element, and copies of the county's CEQA procedures which detail the county method of completing its Lead Agency responsibilities for geothermal exploratory projects within 135 days.
(b) Upon receipt of the request, the State Oil and Gas Supervisor shall transmit a copy of the geothermal element and final environmental document to the Office of Planning and Research (OPR) and shall consult with the OPR prior to making a decision on the county's request. The Supervisor may consult with any other agencies, at his or her discretion.
(c) If the geothermal element and CEQA procedures are adequate, the Supervisor shall approve the request.
NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
HISTORY

1. Change without regulatory effect amending subsections (a) and (c) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
Article 4. Evaluating Projects
§1684. Categorical Exemptions.
Note     •     History

Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of the Environmental Quality Act of 1970.
In response to that mandate, the Secretary for Resources has found that the following classes of projects listed in this article do not have a significant effect on the environment and they are declared to be categorically exempt from the requirement for the preparation of environmental documents. Only those classes of projects that would pertain to the responsibilities of the Division of Oil, Gas, and Geothermal Resources are listed in these regulations.
NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending second paragraph filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1684.1. Class 1: Existing Facilities.
Note     •     History

Class 1 consists of the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing previously. The Class includes, but is not limited to: remedial, maintenance, conversion, and abandonment work on oil, gas, injection, and geothermal wells involving the alteration of well casing, such as perforating and casing repair, removal, or replacement; installation or removal of downhole production or injection equipment, cement plugs, bridge plugs, and packers set to isolate production or injection intervals.
NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Section 21080, Public Resources Code.
HISTORY

1. Amendment filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
§1684.2. Class 4: Minor Alterations to Land.
Note

Class 4 consists of drilling operations that result only in minor alterations with negligible or no permanent effects to the existing condition of the land, water, air, and/or vegetation.
NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Section 21080, Public Resources Code.
Article 5. Evaluation of Environmental Impact Reports
§1685. Adequate Time for Review and Comment.
Note

The Department shall provide adequate time for other agencies and members of the public to review and comment on EIR's that the Department or one of its subdivisions prepares. The review periods the Department sets shall coincide with those the State Clearinghouse sets, provided that the review period for draft EIR's for geothermal exploratory projects shall be no longer than 30 calendar days.
NOTE

Authority cited: Section 21082, Public Resources Code. Reference: Sections 3715.5 and 21092, Public Resources Code.
Chapter 3. Selection of Professional Service Firms
§1690. Selection of Professional Service Firms.
Note     •     History

(a) The purpose of these regulations is to establish those procedures authorized and required by Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code.
(b) Selection by the Division for professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Selection of the services of analytical laboratory, forestry, geological, geophysical, and other firms shall be on this same basis when the additional services qualify as environmental services or ancillary services logically or justifiably performed in connection with architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code; and Section 4526, Government Code. Reference: Sections 4525-4529.5, Government Code.
HISTORY

1. New chapter 3 (sections 1690-1699) and section filed 9-1-2000 as an emergency; operative 9-1-2000 (Register 2000, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-2-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-1-2000 order transmitted to OAL 12-18-2000 and filed 2-1-2001 (Register 2001, No. 5).
3. Change without regulatory effect amending subsection (b) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1690.1. Definitions, as Used in These Regulations.
Note     •     History

(a) “Division” means the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation.
(b) “Small business” shall mean a small business firm as defined by the Director of General Services (Section 1896, Title 2 of California Code of Regulations) pursuant to Section 14837 of the Government Code.
(c) “Architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services” are those services to be procured outside State of California Civil Service procedures and of a character necessarily rendered by an architect, landscape architect, engineer, environmental specialist, land surveyor, and construction project management contractor, but may include ancillary services logically or justifiably performed in connection therewith.
(d) “Project” means a project as defined in Section 10105 of the Public Contract Code, or as defined in Public Resources Code section 21065.
NOTE

Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5 and 14837, Government Code; and Section 10105, Public Contract Code; and Section 21065, Public Resources Code.
HISTORY

1. New section filed 9-1-2000 as an emergency; operative 9-1-2000 (Register 2000, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-2-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-1-2000 order transmitted to OAL 12-18-2000 and filed 2-1-2001 (Register 2001, No. 5).
§1691. Establishment of Criteria.
Note     •     History

(a) The Division shall establish criteria, on a case-by-case basis, which will comprise the basis for selection for each project. The criteria shall include, but is not limited to, such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel to be assigned, staff capability, workload, ability to meet schedules, nature and quality of completed work, reliability and continuity of the firm, location, and other considerations deemed relevant. Such factors shall be weighted by the Division according to the nature of the project, the needs of the State and complexity and special requirements of the specific project.
(b) In no event shall the criteria include practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration. Division staff with a relationship to a person or business entity seeking a contract under this section are prohibited from participating in the selection process if the Division staff would be subject to the prohibition of Government Code Section 87100.
NOTE

Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5 and 87100, Government Code.
HISTORY

1. New section filed 9-1-2000 as an emergency; operative 9-1-2000 (Register 2000, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-2-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-1-2000 order transmitted to OAL 12-18-2000 and filed 2-1-2001 (Register 2001, No. 5).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1692. Estimate of Value of Services.
Note     •     History

Before any discussion with any firm concerning fees, the Division may cause an estimate of the value of such services to be prepared. This estimate shall serve as a guide in determining fair and reasonable compensation for the services rendered. Such estimate shall be, and remain, confidential until award of contract or abandonment of any further procedure for the services to which it relates. At any time the Division determines the estimates to be unrealistic because of rising costs, special conditions, or for other relevant considerations, the estimate may be reevaluated and modified if necessary.
NOTE

Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.
HISTORY

1. New section filed 9-1-2000 as an emergency; operative 9-1-2000 (Register 2000, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-2-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-1-2000 order transmitted to OAL 12-18-2000 and filed 2-1-2001 (Register 2001, No. 5).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1693. Request for Qualifications.
Note     •     History

(a) Where a project requires architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services, the Division shall make an announcement in a publication of the respective professional society. Additionally, the Division may publish an announcement in a construction trade journal or in other appropriate publication, if any exist. The announcement shall be published within a reasonable time frame so that a lengthy publication delay does not adversely affect the project.
(b) The announcement shall contain the following information: The nature of the work, the criteria upon which the award shall be made, and the time within which statements of interest, qualification and performance data will be received.
(c) The Division shall endeavor to provide to all small business firms who have indicated an interest in receiving such, a copy of each announcement for projects for which the Division concludes that small business firms could be especially qualified. A failure of the Division to send a copy of an announcement to any firm shall not operate to preclude any contract.
NOTE

Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.
HISTORY

1. New section filed 9-1-2000 as an emergency; operative 9-1-2000 (Register 2000, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-2-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-1-2000 order transmitted to OAL 12-18-2000 and filed 2-1-2001 (Register 2001, No. 5).
3. Change without regulatory effect amending subsections (a) and (c) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1694. Selection of Firm.
Note     •     History

After expiration of the time period stated in the announcement, the Division shall evaluate statements of qualifications and performance data which have been submitted to the Division. Discussions shall be conducted with no less than three firms regarding the required service. Where three firms cannot be found which could provide the required service, a full explanation including names and addresses of firms and individuals requested to submit proposals must be entered in the files. From the firms with which discussions are held, the Division shall select no less than three, provided at least three firms submit proposals, in order of preference, based upon the established criteria, which are deemed to be the most highly qualified to provide the services required.
NOTE

Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.
HISTORY

1. New section filed 9-1-2000 as an emergency; operative 9-1-2000 (Register 2000, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-2-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-1-2000 order transmitted to OAL 12-18-2000 and filed 2-1-2001 (Register 2001, No. 5).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1695. Negotiation.
Note     •     History

The Division shall attempt to negotiate a contract with the most highly qualified firm. When the Division is unable to negotiate a satisfactory contract with this firm with fair and reasonable compensation provisions, as determined by the procedure set forth in Section 1692 if those procedures were used, negotiations shall be terminated. The Division shall then undertake negotiations with the second most qualified firm on the same basis. Failing accord, negotiations shall be terminated. The Division shall then undertake negotiations with the third most qualified firm on the same basis. Failing accord, negotiations shall be terminated. Should the Division be unable to negotiate a satisfactory contract at fair and reasonable compensation with any of the selected firms, additional firms may be selected in the manner prescribed in this Chapter and the negotiation procedure continued.
NOTE

Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.
HISTORY

1. New section filed 9-1-2000 as an emergency; operative 9-1-2000 (Register 2000, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-2-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-1-2000 order transmitted to OAL 12-18-2000 and filed 2-1-2001 (Register 2001, No. 5).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1696. Amendments.
Note     •     History

In instances where the Division effects a necessary change in the project during the course of performance of the contract, the firm's compensation may be adjusted by negotiation of a mutual written agreement in a fair and reasonable amount where the amount of work to be performed by the firm is changed from that which existed previously in the contemplation of the parties.
NOTE

Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.
HISTORY

1. New section filed 9-1-2000 as an emergency; operative 9-1-2000 (Register 2000, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-2-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-1-2000 order transmitted to OAL 12-18-2000 and filed 2-1-2001 (Register 2001, No. 5).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1697. Contracting in Phases.
Note     •     History

Should the Division determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price or compensation provisions in the initial instance, provided that the Division shall have determined that the firm is best qualified to perform the whole project at a fair and reasonable cost, and the contract contains provisions that the Division, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated and reflected in a subsequent written instrument. The procedure with regard to estimates and negotiation shall otherwise be applicable.
NOTE

Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.
HISTORY

1. New section filed 9-1-2000 as an emergency; operative 9-1-2000 (Register 2000, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-2-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-1-2000 order transmitted to OAL 12-18-2000 and filed 2-1-2001 (Register 2001, No. 5).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1698. Division's Power to Require Bids.
Note     •     History

Where the Division determines that the services needed are technical in nature and involve little professional judgment and that requiring bids would be in the public interest, a contract shall be awarded on the basis of bids rather than by following the foregoing procedures for requesting proposals and negotiations.
NOTE

Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.
HISTORY

1. New section filed 9-1-2000 as an emergency; operative 9-1-2000 (Register 2000, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-2-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-1-2000 order transmitted to OAL 12-18-2000 and filed 2-1-2001 (Register 2001, No. 5).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1699. Exclusions.
Note     •     History

The provisions of this article shall not apply to service agreements for an architect, landscape architect, engineer, environmental specialist, land surveyor, or construction project management contractor, engaged to provide consulting services on specific problems on projects where the architectural, landscape architectural, engineering, environmental, land surveying, or construction project management work is being performed by State of California Civil Service employees nor to service agreements for the services of recognized experts retained as consultants.
NOTE

Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.
HISTORY

1. New section filed 9-1-2000 as an emergency; operative 9-1-2000 (Register 2000, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-2-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-1-2000 order transmitted to OAL 12-18-2000 and filed 2-1-2001 (Register 2001, No. 5).
Chapter 4. Development, Regulation, and Conservation of Oil and Gas Resources

(Originally Printed 5-27-72)
Subchapter 1. Onshore Well Regulations
Article 1. General
§1710. Purpose. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 3013 and 3016, Public Resources Code. Reference: Sections 3000 through 3237, Public Resources Code.
HISTORY

1. New Subchapter 1 (§§ 1710-1714, 1720, 1723, 1723.1-1723.8, 1724) of Chapter 4 filed 2-15-74; effective thirtieth day thereafter (Register 74, No. 7).
2. Repealer filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
§1711. Policy. [Repealed]
History

HISTORY

1. Repealer filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
§1712. Scope of Regulations.
Note     •     History

These regulations shall be statewide in application for onshore drilling, production, and injection operations. All onshore prospect, development, and service wells shall be drilled and operated in accordance with these regulations, which shall continue in effect until field rules are established by the Supervisor pursuant to Section 1722(k). If field rules are established, oil and gas operations shall be performed in accordance with those field rules.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Section 3106, Public Resources Code.
HISTORY

1. Amendment filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1713. Revision of Regulations. [Repealed]
History

HISTORY

1. Repealer filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
§1714. Approval of Well Operations.
Note     •     History

Written approval of the Supervisor is required prior to commencing drilling, reworking, injection, plugging, or plugging and abandonment operations, with the exception that temporary approval to commence such operations may be granted by the Supervisor or a representative of the Supervisor when such operations are necessary to avert a threat to life, health, property, or natural resources, or when approved operations are in progress and newly discovered well conditions are such that immediate corrective or plugging and abandonment operations are desirable. Notwithstanding such temporary approval, the operator shall file immediately a written notice of intention to carry out a temporarily approved program.
In addition, written approval of the Supervisor is required prior to utilizing any well, including a plugged and abandoned well, for anything other than its currently approved purpose, such as conversion to injection or production, use as a sacrificial anode in a cathodic-protection program, or conversion to a freshwater well.
NOTE

Authority cited: Section 3013, Public Resources Code. Reference: Sections 3008, 3106, 3203 and 3229, Public Resources Code.
HISTORY

1. Amendment filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. New NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Amendment of section heading, section and Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
4. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
5. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1715. Other Requirements. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 3106 and 3107, Public Resources Code. Reference: Sections 3106, 3107, 3203, 3210-3215, 3219, 3220 and 3222-3224, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Repealer filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
Article 2. Definitions
§1720. Definitions.
Note     •     History

(a) “Critical well” means a well within:
(1) 300 feet of the following:
(A) Any building intended for human occupancy that is not necessary to the operation of the well; or
(B) Any airport runway.
(2) 100 feet of the following:
(A) Any dedicated public street, highway, or nearest rail of an operating railway that is in general use;
(B) Any navigable body of water or watercourse perennially covered by water;
(C) Any public recreational facility such as a golf course, amusement park, picnic ground, campground, or any other area of periodic high-density population; or
(D) Any officially recognized wildlife preserve.
Exceptions or additions to this definition may be established by the Supervisor upon his or her own judgment or upon written request of an operator. This written request shall contain justification for such an exception.
(b) “Rework” means any operation subsequent to drilling that involves deepening, redrilling, plugging, or permanently altering in any manner the casing of a well or its function.
(c) “New pool” means, for the purpose of this subchapter, a pool discovered on or after January 1, 1974.
(d) “Directional survey” means a well survey that determines the deviation of the hole in degrees from the vertical and the direction (azimuth) and amount of horizontal deviation of the hole from the surface location.
(e) “Drift-only survey” means a well survey that determines the deviation of the hole in degrees from the vertical.
(f) “Operations” means any one or all of the activities of an operator covered by Division 3 of the Public Resources Code.
(g) “Onshore well” means a well located on lands that are not submerged under ocean waters or inland bays during mean high tide.

Note: Wells directionally drilled offshore from onshore locations shall fall within the scope of the Onshore Regulations and wells directionally drilled onshore from offshore locations shall fall within the scope of the Offshore Regulations (Subchapter 1.1).
(h) “Ultimate economic recovery” means the maximum physical amount of a substance, such as oil or gas, that can be recovered without economic loss.
(i) “Economic loss” means the loss that occurs when the lifetime discounted revenue after current dollar operating costs, including royalties and ad valorem, severance, and excise taxes, becomes less than the initial drilling and completion costs. The discount rate shall be equal to current prime lending rates plus two percent.
NOTE

Authority cited: Sections 3013 and 3609, Public Resources Code. Reference: Sections 3000, 3013, 3106 and 3609, Public Resources Code. 
HISTORY

1. Amendment filed 2-21-75; effective thirtieth day thereafter (Register 75, No. 8).
2. Repealer of subsections (1)-(q), renumbering of subsections (r)-(t) to (l)-(n), and new subsection (o) filed 9-19-75 as an emergency; effective upon filing (Register 75, No. 38).
3. Certificate of Compliance filed 1-9-76 (Register 76, No. 2).
4. Amendment of subsection (a) and new subsections (p), (q), (r) and (s) filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
5. New subsections (t) and (u) filed 2-28-80; effective thirtieth day thereafter (Register 80, No. 9).
6. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
7. Amendment of subsections (d), (f), (g) and Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
8. Change without regulatory effect amending subsection (a)(2)(D) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
9. Change without regulatory effect amending subsection (a)(2)(D) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
Article 2.1. Well Spacing Patterns--New Pools
§1721. Objectives and Policy.
Note     •     History

The objectives of this article are to prevent waste, protect correlative rights, increase the ultimate economic recovery of oil and gas, or either, from new pools, and protect health, safety, welfare, and the environment.
To achieve the ultimate economic recovery of oil and gas, it shall be the policy of the Supervisor to give the greatest consideration to the minimum spacing, in acres per well, that can be established based on the geologic geometry of the pool and the area that can be effectively and efficiently drained by a well without economic loss.
NOTE

Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.
HISTORY

1. New Article 2.1 (Sections 1721, 1721.1-1721.7) filed 8-5-74; effective thirtieth day thereafter (Register 74, No. 32).
2. Amendment filed 2-21-75; effective thirtieth day thereafter (Register 75, No. 8).
3. Amendment filed 2-28-80; effective thirtieth day thereafter (Register 80, No. 9).
4. Editorial correction of NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
5. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1721.1. Set Back.
Note     •     History

The producing interval of any well drilled into a new pool after the effective date of this section shall be not less than 75 feet from an outer boundary line.
NOTE

Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.
HISTORY

1. Repealer and new section filed 2-21-75; effective thirtieth day thereafter (Register 75, No. 8). For former history, see Register 74, No. 32.
2. Amendment of subsections (b)(2) and (b)(3) filed 4-4-75 as procedural and organizational; effective upon filing (Register 75, No. 14).
3. Repealer and new section filed 9-19-75 as an emergency; effective upon filing (Register 75, No. 38).
4. Certificate of Compliance filed 1-9-76 (Register 76, No. 2).
5. Editorial correction of NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
§1721.1.1. Adoption of an Interim Well-Spacing Plan. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.
HISTORY

1. Repealer filed 2-21-75; effective thirtieth day thereafter (Register 75, No. 8).
2. New section filed 2-28-80; effective thirtieth day thereafter (Register 80, No. 9).
3. Repealer filed 5-23-88; operative 6-22-8 (Register 88, No. 22).
§1721.1.2. Permanent Well Spacing. [Repealed]
History

HISTORY

1. Repealer filed 2-21-75; effective thirtieth day thereafter (Register 75, No. 8).
§1721.1.3. Exploratory Well Drilling. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 3609 and 3782, Public Resources Code.
HISTORY

1. Repealer and new section filed 11-15-74 as an emergency; effective upon filing (Register 74, No. 46).
2. Repealer filed 2-21-75; effective thirtieth day thereafter (Register 75, No. 8).
3. Certificate of Compliance filed 3-14-75 as to the 11-15-74 filing (Register 75, No. 11).
§1721.1.4. Slant Well Drilling. [Repealed]
History

HISTORY

1. Repealer filed 2-21-75; effective thirtieth day thereafter (Register 75, No. 8).
§1721.2. Well Spacing Initiated by Supervisor.
Note     •     History

(a) Whenever a new pool is discovered, the Supervisor may issue a notice of intent to establish a well-spacing plan for the pool the notice shall specify the well-spacing plan proposed by the Supervisor. The notice shall be delivered or mailed to all operators in the pool and any other affected persons whose identity is known to or can readily be ascertained by the Division, and shall be published in a newspaper of general circulation in the county in which the pool is located.
(b) The notice shall provide that the well spacing plan proposed by the Supervisor shall take effect as an order of the Supervisor on the 31st day after the date of the notice unless within 30 days after the date of the notice the Supervisor receives a written objection to the proposed well spacing plan from any affected person, submitting a written objection is a prerequisite to any challenge to the implementation of a well spacing plan initiated by the Supervisor. If a written objection is timely received, the Supervisor shall set a hearing on the well spacing proposal and shall give notice of that hearing in the manner provided above, within 10 days of receipt of the written objection. The hearing shall be held at a time not less than 15 days nor more than 60 days from the date of the notice and at a place within the oil and gas district where the new pool is located. The hearing may be continued for a period not to exceed 60 days with the consent of all those affected persons having informed the Division of their intent to participate in the hearing.
(c) Within 45 days following the hearing, the Supervisor shall issue an order in the form of a written decision either providing no well spacing plan or specifying a well spacing plan for the pool. If a well spacing plan is adopted, the plan shall describe the pool to which it applies and set forth the surface and subsurface well spacing pattern for all wells to be drilled or redrilled into the pool.
(d) The Supervisor shall mail or deliver the written decision to all operators in the pool and all other previously identified affected persons.
(e) The Supervisor may request at any time from any operator in the pool any or all of the data listed in Section 1721.3 for use in making the well spacing determination. If such data are neither supplied nor otherwise available to the Supervisor, the Supervisor nevertheless may make a well spacing determination using methods found in petroleum industry literature or by analogy to similar pools.
NOTE

Authority cited: Section 3609, Public Resources Code. Reference: Sections 3609, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 1721.2 to 1721.3, and new Section 1721.2 filed 5-23-88, ; operative 6-22-88 (Register 88, No. 22). For history of former Section 1721.2 see Register 84, No. 52.
2. Editorial correction of subsection (c) (Register 95, No. 19).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1721.2.1. No New Drilling Pending Outcome of Petition. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.
HISTORY

1. New section filed 2-28-80; effective thirtieth day thereafter (Register 80, No. 9).
2. Renumbering and amendment of former Section 1721.2.1 to Section 1721.4 filed 5-23-88; operative 6-22-88 (Register 88, No. 22).
§1721.3. Petition for Well Spacing.
Note     •     History

Any affected person may, at any time after the discovery of a new pool, petition the Supervisor to adopt, pursuant to Public Resources Code Section 3609, a well-spacing plan other than that specified in Public Resources Code Sections 3600 to 3608.1, inclusive, or Section 1721.1 hereof. The petition shall be supported by information necessary to establish the need for an extent of such a well-spacing plan. The petition shall contain the following data pertaining to the pool for which well-spacing is sought and shall include the source (i.e., laboratory analyses, field measurements, published reports, etc.) from which such data are derived:
(a) Lease map of the area showing current lease operator and well locations.
(b) Structural contour map drawn on a geologic marker at or near the top of the pool, which includes estimated productive limits of the pool.
(c) At least two geologic cross sections, one that is parallel to and one that is perpendicular to the structural or depositional strike, and through at least one producing well in the pool.
(d) Representative electric log to a depth below the producing pool (if not already shown on the cross section) identifying all geologic units, formations, and oil or gas zones.
(e) Average net productive thickness in feet.
(f) Average effective porosity as a percent of bulk volume.
(g) Average initial oil, water, and gas saturations as a percent of pore volume.
(h) Most probable oil and gas recovery factors as percents of original oil and gas in place.
(i) Average initial stabilized oil and gas producing rates in barrels per day per well and thousand standard cubic feet per day per well.
(j) Complete reservoir pressure history, including the initial shut-in bottom hole pressure and the bubble point pressure of a crude oil system or dew point pressure of a condensate system.
(k) Reservoir temperature in degrees Fahrenheit.
(l) Solution gas/oil ratio at bubble point pressure and reservoir temperature.
(m) Initial oil formation volume factor as reservoir barrels per stock tank barrel.
(n) Average API gravity of stock tank oil and specific gravity of produced gas.
(o) Average current drilling and completion cost in dollars per well.
(p) Average current operating cost in dollars per well per year, including anticipated workover costs.
(q) Current market value of oil and gas production in dollars per stock tank barrel and dollars per thousand standard cubic feet.
(r) Amount of all royalty interests, including overriding royalties, if any, in the tracts proposed for inclusion in the well-spacing plan.
(s) Current ad valorem, severance, and excise taxes levied on the working interests, or production attributable to the working interests, proposed for inclusion in the well-spacing plan.
Failure to supply in the petition of any of these data that are available and their source shall be grounds for denial of the petition without a hearing.
NOTE

Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.
HISTORY

1. Repealer of former Section 1721.3, and renumbering and amendment of former Section 1721.2 to Section 1721.3 filed 5-23-88; operative 6-22-88 (Register 88, No. 22). For history of former Section 1721.3, see Register 84, No. 52.
2. New subsection (a), subsection relettering, and amendment of newly designated subsections (c) and (j)  filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
3. Change without regulatory effect amending first paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1721.3.1. Action on Petition for Well Spacing.
Note     •     History

(a) Within 30 days of receipt of a petition for well spacing deemed complete by the Division, the Supervisor shall issue a notice setting a time and place for a hearing on the petition. The notice of hearing on the petition shall provide that the hearing shall be held not less than 15 days nor more than 60 days from the date of the notice and at a place within the oil and gas district in which the new pool is located. The hearing may be continued for a period not to exceed 60 days with the consent of all those affected persons having informed the Division of their intent to participate in the hearing. The notice of hearing shall be given in the manner prescribed in Section 1721.2. The hearing shall not be limited to consideration of the well-spacing plan proposed in the petition but shall encompass consideration of any appropriate well-spacing plan for the pool.
(b) Within 45 days following the hearing, the Supervisor shall issue an order in the form of a written decision which either shall refuse to adopt a well-spacing plan or shall adopt a well-spacing plan for the pool based on scientific principles and good oilfield practices. The adopted plan shall describe the pool to which it applies and set forth the surface and subsurface well-spacing pattern for all wells to be drilled or redrilled into the pool.
(c) The Supervisor shall mail or deliver the written decision to all operators in the pool and all other previously identified affected persons.
NOTE

Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.
HISTORY

1. New section filed 5-23-88; operative 6-22-88 (Register 88, No. 22).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1721.4. No New Drilling or Reworking Pending Decision on Well Spacing.
Note     •     History

Upon the issuance by the Supervisor of a notice of intent to establish a well spacing plan under Section 1721.2 or upon the filing of a complete petition for well spacing under Section 1721.3, no drilling or reworking operations shall begin on any well to be completed in the pool subject to possible well spacing even if the operator has an approved notice of intention to drill or rework until an order has been issued by the Supervisor that disposes with all the matters in the Supervisor's notice or in the petition. If drilling or reworking operations have started in a well prior to the issuance of a notice or the filing of a petition, the operations may continue until completion. This temporary suspension of drilling and reworking operations is for the purpose of preventing operations during the pendency of well spacing proceedings that would preclude the establishment of an optimum spacing pattern.
NOTE

Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.
HISTORY

1. Repealer of former Section 1721.4, and renumbering and amendment of former Section 1721.2.1 to Section 1721.4 filed 5-23-88; operative 6-22-88 (Register 88, No. 22). For history of former Section 1721.4, see Register 84, No. 52.
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1721.5. Judicial Review of Order of Supervisor.
Note     •     History

There shall be no appeal to the Director from an order of the Supervisor either adopting or failing to adopt a well-spacing plan. Judicial review of any such order may be sought directly.
NOTE

Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.
HISTORY

1. Repealer and new section filed 2-21-75; effective thirtieth day thereafter (Register 75, No. 8). For former history, see Register 74, No. 32.
2. Repealer and new section filed 9-19-75 as an emergency; effective upon filing (Register 75, No. 38).
3. Certificate of Compliance filed 1-9-76 (Register 76, No. 2).
4. Amendment of subsection (b) filed 1-9-76 as an emergency; effective upon filing Certificate of Compliance included (Register 76, No. 2).
5. Amendment filed 2-28-80; effective thirtieth day thereafter (Register 80, No. 9).
6. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
7. Amendment filed 5-23-88; operative 6-22-88 (Register 88, No. 22).
8. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1721.6. Revision or Repeal of Spacing Plan.
Note     •     History

Any well-spacing plan adopted by the Supervisor shall be subject to revision or repeal pursuant to either the initiative of the Supervisor or a petition of an affected person. Any revision or repeal shall be preceded by notice and hearing as provided in Section 1721.2.
NOTE

Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.
HISTORY

1. Repealer and new section filed 2-21-75; effective thirtieth day thereafter (Register 75, No. 8). For former history, see Register 74, No. 32.
2. Repealer and new section filed 9-19-75 as an emergency; effective upon filing (Register 75, No. 38).
3. Certificate of Compliance filed 1-9-76 (Register 76, No. 2).
4. Editorial correction of NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
5. Amendment filed 5-23-88; operative 6-22-88 (Register 88, No. 22).
6. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1721.7. Exceptions.
Note     •     History

The Supervisor may approve the drilling, redrilling, or production of a well which does not comply with the requirements of a well-spacing plan adopted pursuant to this article or with the set back requirement of section 1721.1 of these regulations if, in the opinion of the Supervisor, such drilling, redrilling, or production is necessary to accommodate the use of onshore or offshore central drilling sites; to protect health, safety, welfare, or the environment; to prevent waste; or to otherwise increase the ultimate economic recovery of oil and gas.
NOTE

Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.
HISTORY

1. Repealer and new section filed 2-21-75; effective thirtieth day thereafter (Register 75, No. 8). For former history, see Register 74, No. 32.
2. Repealer and new section filed 9-19-75 as an emergency; effective upon filing (Register 75, No. 38).
3. Certificate of Compliance filed 1-9-76 (Register 76, No. 2).
4. Editorial correction of NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
5. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1721.8. Pooling.
Note     •     History

A well-spacing plan adopted by the Supervisor shall require that all or certain parcels of land be included in a voluntary or mandatory pooling agreement if necessary to protect correlative rights. The Supervisor may provide, in any order adopting a well-spacing plan, for a period not to exceed 60 days from the date of the order during which the affected parties shall be allowed to attempt to pool voluntarily their respective interests. Such period may be extended at the Supervisor's discretion upon the written request of the affected parties. Any well-spacing order providing a period for an attempt at voluntary pooling is not a final order of the Supervisor until either voluntary pooling has been accomplished and the Supervisor notified of it or the Supervisor has ordered mandatory pooling upon the failure of the affected parties to reach a pooling agreement voluntarily.
NOTE

Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.
HISTORY

1. New section filed 2-21-75; effective thirtieth day thereafter (Register 75, No. 8).
2. Repealer and new section filed 9-19-75 as an emergency; effective upon filing (Register 75, No. 38).
3. Certificate of Compliance filed 1-9-76 (Register 76, No. 2).
4. Amendment filed 2-28-80; effective thirtieth day thereafter (Register 80, No. 9).
5. Editorial correction of NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
6. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1721.9. Surveys.
Note     •     History

For the purpose of enforcement of this article, the Supervisor may order that a directional survey or drift-only survey of a well be made and filed with the Supervisor before the well can be produced. If such a survey shows that the producing interval of a well is less than 75 feet from an outer boundary line or does not conform to the well-spacing plan, then written approval must be obtained from the Supervisor before the well can be produced.
NOTE

Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.
HISTORY

1. New section filed 2-21-75; effective thirtieth day thereafter (Register 75, No. 8).
2. Repealer and new section filed 9-19-75 as an emergency; effective upon filing (Register 75, No. 38).
3. Certificate of Compliance filed 1-9-76 (Register 76, No. 2).
4. Editorial correction of NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
5. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
Article 3. Requirements
§1722. General.
Note     •     History

(a) All operations shall be conducted in accordance with good oilfield practice.
(b) The operator for a facility or group of related facilities shall develop a spill contingency plan. Spill contingency plans shall also be developed by the operator for those facilities within gas fields that produce condensate at an average rate of at least one barrel per day or where condensate storage volume exceeds 50 barrels. The plan(s) shall be filed with the appropriate Division district office within six months of the effective date of Section 1722.9 or within three months after initial production or acquisition of a facility. Plans prepared pursuant to Federal Environmental Protection Agency regulations (SPCC Plans) may fulfill the provisions of this subsection if such plans are determined to be adequate by the appropriate Division district deputy. If, in the judgment of the Supervisor, a plan becomes outdated, the Supervisor may require that the plan be updated to ensure that it addresses and applies to current conditions and technology.
(c) For certain critical or high-pressure wells designated by the Supervisor, a blowout prevention and control plan, including provisions for the duties, training, supervision, and schedules for testing equipment and performing personnel drills, shall be submitted by the operator to the appropriate Division district deputy for approval.
(d) Notices of intention to drill, deepen, redrill, rework, or plug and abandon wells shall be completed on current Division forms and submitted, in duplicate, to the appropriate Division district office for approval. Such notices shall include all information required on the forms, and such other pertinent data as the Supervisor may require. Notices of intention and approvals will be cancelled if the proposed operations have not commenced within one year of receipt of the notice. However, an approval for proposed operations may be extended for one year if the operator submits a supplementary notice prior to the expiration of the one-year period and can show good cause for such an extension. For the purpose of interpretation and enforcement of provisions of this section, operations, when commenced, must be completed in a timely and orderly manner.
(e) A copy of the operator's notice of intention and any subsequent written approval of proposed operations by the Division shall be posted at the well site throughout the operations.
(f) Operators shall give the appropriate Division district office sufficient advance notice of the time for inspections and tests requiring the presence of Division personnel.
(g) Operations approved by the Division shall not deviate from the approved program without prior Division approval, except in an emergency.
(h) Oil spills shall be promptly reported to the California Emergency Management Agency by calling the toll-free telephone number (800) 852-7550 and by contacting the agencies specified in the operator's spill contingency plan.
(i) Blowouts, fires, serious accidents, and significant gas or water leaks resulting from or associated with an oil or gas drilling or producing operation, or related facility, shall be promptly reported to the appropriate Division district office.
(j) The use of radioactive materials in wells shall comply with the California Department of Health Services regulations in Title 17, Division 1, Chapter 5, Subchapter 4 of the California Code of Regulations. With the exception of radioactive tracers used in injection surveys, the loss of radioactive materials in a well shall be promptly reported to the Department of Health Services pursuant to Section 30350.3 of the above-referenced regulations and to the appropriate Division district office.
(k) When sufficient geologic and engineering information is available from previous drilling or producing operations, operators may make application to the Supervisor for the establishment of field rules, or the Supervisor may establish field rules or change established field rules for any oil or gas field. Before establishing or changing a field rule, the Supervisor shall distribute the proposed rule or change to affected persons and allow at least thirty (30) days for comments from the affected persons. The Supervisor shall notify affected persons in writing of the establishment or change of field rules.
NOTE

Authority cited: Sections 3013 and 3270, Public Resources Code. Reference: Sections 3106, 3203, 3208, 3219, 3222, 3223, 3224, 3226, 3229, 3230, 3270 and 3270.1, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Amendment of subsection (b) and Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
4. Change without regulatory effect amending subsections (d) and (j) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
5. Change without regulatory effect amending subsections (b) and (j) filed 2-16-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 7).
6. Amendment of subsection (j) filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).
7. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
8. Amendment of subsections (b), (h) and (k) and amendment of Note filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1722.1. Acquiring Right to Operate a Well.
Note     •     History

Every person who acquires the right to operate any well, whether by purchase, transfer, assignment, conveyance, exchange, or otherwise, shall file an indemnity or cash bond, with his or her own name or company as principal, in the appropriate amount to cover obligations covered under the previous operator's bond.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3204, 3205, 3205.1 and 3205.5, Public Resources Code.
HISTORY

1. Renumbering of Section 1722.1 to 1722.1.1, and new Section 1722.1 filed 2-28-80; effective thirtieth day thereafter (Register 80, No. 9).
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Amendment of section heading and section filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).
§1722.1.1. Well and Operator Identification.
Note     •     History

(a) Each well location shall have posted in a conspicuous place a clearly visible, legible, permanently affixed sign with the name of the operator, name or number of the lease, and number of the well. These signs shall be maintained on the premises from the time drilling operations cease until the well is plugged and abandoned.
(b) The appropriate Division district deputy may approve existing identification methods if they substantially comply with the intent of this section.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3106, Public Resources Code.
HISTORY

1. New section filed 5-23-88; operative 6-22-88 (Register 88, No. 22). For prior history, see Register 84, No. 52.
2. Change without regulatory effect amending subsection (a) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Amendment of subsection (a) filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).
4. Change without regulatory effect amending subsection (b) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1722.2. Casing Program.
Note     •     History

Each well shall have casing designed to provide anchorage for blowout prevention equipment and to seal off fluids and segregate them for the protection of all oil, gas, and freshwater zones. All casing strings shall be designed to withstand anticipated collapse, burst, and tension forces with the appropriate design factor provided to obtain a safe operation.
Casing setting depths shall be based upon geological and engineering factors, including but not limited to the presence or absence of hydrocarbons, formation pressures, fracture gradients, lost circulation intervals, and the degree of formation compaction or consolidation. All depths refer to true vertical depth (TVD) below ground level.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3219 and 3220, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
§1722.3. Casing Requirements.
Note     •     History

(a) Conductor casing. This casing shall be cemented at or driven to a maximum depth of 100 feet. Exceptions may be granted by the appropriate Division district deputy if conditions require deeper casing depth.
(b) Surface casing. Surface casing shall be cemented into or through a competent bed and at a depth that will allow complete well shut-in without fracturing the formation immediately below the casing shoe. As a general guideline, the surface casing for prospect wells shall be cemented at a depth that is at least 10 percent of the proposed total depth, with a minimum of 200 feet and a maximum of 1,500 feet of casing. A second string of surface casing, cemented into or through a competent bed, shall be required in prospect wells if the first string has not been cemented in a competent bed or if unusual drilling hazards exist. In development wells, the surface casing requirement shall be determined on the basis of known field conditions. The appropriate Division district deputy may vary these general surface casing requirements, including the adoption of a field rule, consistent with known geological conditions and engineering factors, to provide adequate protection for freshwater zones and blowout control.
(c) Intermediate casing. This casing may be required for protection of oil, gas, and freshwater zones, and to seal off anomalous pressure zones, lost circulation zones, and other drilling hazards.
(d) Production casing. This casing shall be cemented and, when required by the Division, tested for fluid shutoff above the zone or zones to be produced. The test may be witnessed by a Division inspector. When the production string does not extend to the surface, at least 100 feet of overlap between the production string and next larger casing string shall be required. This overlap shall be cemented and tested by a fluid-entry test to determine whether there is a competent seal between the two casing strings. A pressure test may be allowed only when such test is conducted pursuant to an established field rule. The test may be witnessed by a Division inspector.
NOTE

Authority cited: Section 3013, Public Resources Code. Reference: Sections 3106 and 3220, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Amendment of section heading and NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Amendment of subsection (b) and Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
4. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1722.4. Cementing Casing.
Note     •     History

Surface casing shall be cemented with sufficient cement to fill the annular space from the shoe to the surface. Intermediate and production casings, if not cemented to the surface, shall be cemented with sufficient cement to fill the annular space to at least 500 feet above oil and gas zones, and anomalous pressure intervals. Sufficient cement shall also be used to fill the annular space to at least 100 feet above the base of the freshwater zone, either by lifting cement around the casing shoe or cementing through perforations or a cementing device placed at or below the base of the freshwater zone. All casing shall be cemented in a manner that ensures proper distribution and bonding of cement in the annular spaces. The appropriate Division district deputy may require a cement bond log, temperature survey, or other survey to determine cement fill behind casing. If it is determined that the casing is not cemented adequately by the primary cementing operation, the operator shall recement in such a manner as to comply with the above requirements. If supported by known geologic conditions, an exception to the cement placement requirements of this section may be allowed by the appropriate Division district deputy.
NOTE

Authority cited: Section 3013, Public Resources Code. Reference: Sections 3106, 3220 and 3222-3224, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Editorial correction of NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Amendment of section and Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
4. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1722.5. Blowout Prevention and Related Well Control Equipment.
Note     •     History

Blowout prevention and related well control equipment shall be installed, tested, used, and maintained in a manner necessary to prevent an uncontrolled flow of fluid from a well. Division of Oil, Gas, and Geothermal Resources publication No. MO 7, “Blowout Prevention in California,” shall be used by Division personnel as a guide in establishing the blowout prevention equipment requirements specified in the Division's approval of proposed operations.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3219 and 3220, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
4. Change without regulatory effect amending section filed 2-16-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 7).
5. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1722.6. Drilling Fluid Program.
Note     •     History

The operational procedures and the properties, use, and testing of drilling fluid shall be such as are necessary to prevent the uncontrolled flow of fluids from any well. Drilling fluid additives in sufficient quantity to ensure well control shall be kept readily available for immediate use at all times. Fluid which does not exert more hydrostatic pressure than the known pressure of the formations exposed to the well bore shall not be used in a drilling operation without prior approval of the supervisor.
(a) Before removal of the drill pipe or tubing from the hole is begun, the drilling fluid shall be conditioned to provide adequate pressure overbalance to control any potential source of fluid entry. Proper overbalance shall be confirmed by checking the annulus to ensure that there is no fluid flow or loss when there is no fluid movement in the drill pipe or tubing. The drilling fluid weight, the weight and volume of any heavy slug or pill, and the fact that the annulus was checked for fluid movement shall be noted on the driller's log. During removal of the drill pipe or tubing from the hole, a hole-filling program shall be followed to maintain a satisfactory pressure overbalance condition.
(b) Tests of the drilling fluid to determine viscosity, water loss, weight, and gel strength shall be performed at least once daily while circulating, and the results of such tests shall be recorded on the driller's log. Equipment for measuring viscosity and fluid weight shall be maintained at the drill site. Exceptions to the test requirements may be granted for special cases, such as shallow development wells in low pressure fields, through the field rule process.
(c) Disposal of drilling fluids shall be done in accordance with Section 1775, Subchapter 2 of these regulations.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3219 and 3220, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Editorial correction of NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
§1722.7. Directional Surveys.
Note     •     History

The Supervisor may order that a well be directionally surveyed.
NOTE

Authority cited: Section 3013, Public Resources Code. Reference: Sections 3106 and 3224, Public Resources Code.
HISTORY

1. New section filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1722.8. Life-of-Well and Life-of-Production Facility Bonding Requirements.
Note     •     History

(a) Life-of-well and life-of-production facility bonds may be required by the Supervisor in addition to bond coverage specified in the Public Resources Code Sections 3202, 3204, 3205, 3205.2 and 3206.
(b) The Supervisor may order a life-of-well and/or a life-of-production facility bond for an operator with a history of violating Public Resources Code, Division 3, Chapter 1 and the regulations promulgated thereunder, or that has outstanding liabilities to the state associated with a well or production facility. When determining whether to order a life-of-well and/or a life-of-production facility bond the Supervisor shall consider each of the following:
(1) The severity of the cited violations or civil penalties that the operator has received, and the potential for serious damage to health, safety, or natural resources caused by the violations.
(2) Any ongoing failure to address a cited violation and any pattern of recurring or repeated violations by the operator.
(3) Any evidence that the operator's facility maintenance practices are not in compliance with Public Resources Code, Division 3, Chapter 1 and the regulations promulgated thereunder.
(4) Any failure to comply an order of the Supervisor.
(5) The severity of the spills or leaks that have occurred that the operator is responsible for, and the potential for serious damage to health, safety, or natural resources caused by the spills or leaks.
(6) The extent to which any spills or leaks that the operator is responsible for were the result of a violation of any statute or regulation.
(7) The extent to which any spills or leaks that the operator is responsible for were the result of a lack of training or supervision of the operator's employees or contractors.
(8) The extent to which any spills or leaks that the operator is responsible for were the result of a failure to exercise good oilfield practices.
(9) If the operator has any outstanding liability to the state associated with a well or production facility, whether the liability is the result of a violation of a statute or regulations, and whether the operator is making a good faith effort to repay the liability.
(c) The Supervisor shall establish a life-of-well bond amount to cover the cost to properly plug and abandon each well, including site restoration, and the cost to finance a spill response and incident cleanup.
(1) The Supervisor shall estimate the cost to plug and abandon based on the wells condition, total depth, required abandonment operations, site restoration prescribed by regulation, and similar well abandonments within the field or lease.
(2) The life-of-well bond coverage for a well shall be no less than the amount prescribed in Public Resources Code Section 3204.
(3) The Supervisor shall annually review the amount of a life-of-well bond and, if needed, establish a new bond amount to ensure proper plugging and abandonment of the well, and the financing of spill response and incident cleanup.
(d) The Supervisor shall establish a life-of-production facility bond amount to cover the costs to decommission each production facility, and the cost to finance a spill response and incident cleanup. 
(1) The Supervisor shall estimate the cost based on the number and volume of tanks, the estimated volume and types of fluids in the tanks, attendant facility equipment and stored materials onsite, the cost of similar facility decommissioning and removal projects, and any estimates received from licensed demolition contractors.
(2) The Supervisor shall annually review the amount of a life-of-production facility bond and, if needed, establish a new bond amount to ensure the safe decommissioning of each production facility, and the financing of spill response and incident cleanup.
(e) Upon failure of an operator to perform appropriate spill response and cleanup, or upon failure of an operator to comply with corrective action as required in an order of the Supervisor, the Supervisor may perform work in accordance with Public Resources Code Section 3226. The Supervisor may levy upon a life-of-well or life-of-production facility bond to pay the cost of the work.
(f) The operator shall replenish the amount levied from a life-of-well or life-of-production facility bond within 30 days from when the Supervisor levied the bond.
NOTE

Authority cited: Sections 3013 and 3270.4, Public Resources Code. Reference: Sections 3204, 3226 and 3270.4, Public Resources Code.
HISTORY

1. New section filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1722.8.1. Bonding Language.
Note     •     History

The conditions of a bond required under Public Resources Code Section 3270.4 shall be stated in substantially the following language: “If the ____, the above bounden principal, shall well and truly comply with all the provisions of Division 3 (commencing with Section 3000) of the Public Resources Code and shall obey all lawful orders of the State Oil and Gas Supervisor or the district deputy or deputies, subject to subsequent appeal as provided in that division, and shall pay all charges, costs, and expenses incurred by the supervisor or the district deputy or deputies in respect of the well, production facility, or the property or properties of the principal, or assessed against the well, production facility, or the property or properties of the principal, in pursuance of the provisions of that division, then this obligation shall be void; otherwise, it shall remain in full force and effect.”
NOTE

Authority cited: Sections 3013 and 3270.4, Public Resources Code. Reference: Section 3270.4, Public Resources Code.
HISTORY

1. New section filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1722.9. Spill Contingency Plan Requirements.
Note     •     History

A spill contingency plan shall be designed to prevent and respond to unauthorized releases and contain the following:
(a) A list of the operator's 24-hour emergency contact telephone numbers. The operator's emergency contact shall be prepared to provide Division staff complete information about the production facility emergency shutdown procedures, including a list of safety shutdown devices including, but not limited to, kill switches, emergency shut-down devices, or master valves.
(b) A list of available personal safety equipment, including location and maintenance frequency.
(c) A one page quick-action checklist for use during initial stages of a spill response.
(d) A list of required local, state and federal agency notifications with telephone numbers, including, but not limited to, the phone number for the appropriate Division district office and the phone number for reporting spills to the California Emergency Management Agency.
(e) A list of control and/or cleanup equipment available onsite or locally, with contact procedures.
(f) A map of the production facilities covered by the plan, including:
(1) Labeling of all permanent tanks, equipment, and pipelines. If locations are not known, the most probable location shall be shown and identified as a probable location.
(2) Identification of access roads for emergency response. 
(3) Labeling of all out-of-service equipment.
(4) Labeling of all sumps and catch basins.
(5) Volume of all tanks and storage containers covered by the plan, listing the type of fluid stored.
(6) All designated waterways within one-quarter mile of the facility.
(7) Location of secondary containment with access routes.
(8) Topography or drainage flow direction.
(9) All storm drains within one-quarter mile of the site. 
(10) A fluid flow schematic.
(g) A list of all chemicals for which a Material Safety Data Sheet is required, and the location of the Material Safety Data Sheets for those chemicals. 
(h) Procedures for making regular facility inspections, and maintenance of related inspection records.
(i) Maximum and typical produced fluid processing rates.
(j) Typical volumes of liquids stored at the facility.
(k) A list of additional containment features for production facilities in drainages with direct access to waterways or urban areas as determined necessary by the Supervisor.
(l) A list of corrosion prevention or corrosion monitoring techniques utilized.
(m) A description of all installed sensor and alarm systems. The sensor and alarm systems to be described include, but are not limited to:
(1) Tank overfill.
(2) High and low pressure for pipelines and pressure vessels.
(3) Fire sensors.
(4) H2S detectors.
(5) Gas detectors.
(n) A description of the training provided to implement the plan.
NOTE

Authority cited: Section 3013, Public Resources Code. Reference: Sections 3106 and 3270.1, Public Resources Code.
HISTORY

1. New section filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1723. Plugging and Abandonment--General Requirements.
Note     •     History

(a) Cement Plugs. In general, cement plugs will be placed across specified intervals to protect oil and gas zones, to prevent degradation of usable waters, to protect surface conditions, and for public health and safety purposes. Cement may be mixed with or replaced by other substances with adequate physical properties, which substances shall be approved by the Supervisor. The application of these mixed materials and other substances to particular wells shall be at the discretion of the district deputy.
(b) Hole Fluid. Mud fluid having the proper weight and consistency to prevent movement of other fluids into the well bore shall be placed across all intervals not plugged with cement, and shall be surface poured into all open annuli.
(c) Plugging by Bailer. Placing of a cement plug by bailer shall not be permitted at a depth greater than 3,000 feet. Water is the only permissible hole fluid in which a cement plug shall be placed by bailer. 
(d) Surface Pours. A surface cement-pour shall be permitted in an empty hole with a diameter of not less than 5 inches. Depth limitations shall be determined on an individual well basis by the district deputy.
(e) Blowout Prevention Equipment. Blowout prevention equipment may be required during plugging and abandonment operations. Any blowout prevention equipment and inspection requirements determined necessary by the district deputy shall appear on the approval to plug and abandon issued by the Division.
(f) Junk in Hole. Diligent effort shall be made to recover junk when such junk may prevent proper plugging and abandonment either in open hole or inside casing. In the event that junk cannot be removed from the hole and fresh-saltwater contacts or oil or gas zones penetrated below cannot therefore be properly abandoned, cement shall be downsqueezed through or past the junk and a 100-foot cement plug shall be placed on top of the junk. If it is not possible to downsqueeze through the junk, a 100-foot cement plug shall be placed on top of the junk.
(g) Lost Radioactive Tool. In the event that a source containing radioactive material cannot be retrieved from the hole, a 100-foot standard color dyed (red iron oxide or equivalent red cement dye) cement plug shall be placed on top of the radioactive tool, and a whipstock or other approved deflection device shall be placed on top of the cement plug to prevent accidental or intentional mechanical disintegration of the radioactive source. In addition, the operator shall comply with the California Department of Health Services regulations in Section 30346 of Title 17, Division 1, Chapter 5, Subchapter 4, Group 3, Article 7, of the California Code of Regulations.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3219 and 3228, Public Resources Code.
HISTORY

1. Amendment filed 9-21-76; effective thirtieth day thereafter (Register 76, No. 39).
2. New NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Change without regulatory effect amending subsections (e) and (f) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
4. Amendment of subsection (a) and new subsection (g) filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).
5. Change without regulatory effect amending subsections (a) and (e) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1723.1. Plugging of Oil or Gas Zones.
Note     •     History

(a) Plugging in an Open Hole. A cement plug shall be placed to extend from the total depth of the well or from at least 100 feet below the bottom of each oil or gas zone, to at least 100 feet above the top of each oil or gas zone.
(b) Plugging in a Cased Hole. All perforations shall be plugged with cement, and the plug shall extend at least 100 feet above the top of a landed liner, the uppermost perforations, the casing cementing point, the water shut-off holes, or the oil or gas zone, whichever is highest. 
(c) Special Requirements. Special requirements may be made for particular types of hydrocarbon zones, such as:
(1) Fractured shale or schist;
(2) Massive sand intervals, particularly those with good vertical permeability;
(3) Any depleted productive interval more than 100 feet thick; or
(4) Multiple zones completed in a well.
As a minimum for an open-hole plugging and abandonment, the special requirement shall include a cement plug extending from at least 100 feet below the top of the oil or gas zone to at least 100 feet above the top of the zone.
As a minimum for a cased-hole plugging and abandonment, the special requirement shall include a cement plug extending from at least 25 feet below the top of the uppermost perforated interval to at least 100 feet above the top of the perforations, the top of the landed liner, the casing cementing point, the water shutoff holes, or the zone, whichever is highest.
(d) Bridge Plug. In a multiple zone completion, a single bridge plug above the lowermost zone may be allowed in lieu of cement through that zone if the zone is isolated from the upper zones by cement behind the casing. Subsequent bridge plugs are not allowed unless separated by cement plugs meeting the requirements of Section 1723.1(b). Temporary bridge plugs must be removed and replaced with cement plugs prior to shallower zone completions or well abandonment.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Section 3228, Public Resources Code.
HISTORY

1. Amendment filed 9-21-76; effective thirtieth day thereafter (Register 76, No. 39).
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Change without regulatory effect amending subsection (c)(3) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
4. Amendment of subsections (c)(2)-(3), new subsection (c)(4) and amendment of subsection (d) filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).
§1723.2. Plugging for Freshwater Protection.
Note     •     History

(a) Plugging in Open Hole.
(1) A minimum 200-foot cement plug shall be placed across all fresh-saltwater interfaces.
(2) An interface plug may be placed wholly within a thick shale if such shale separates the freshwater sands from the brackish or saltwater sands.
(b) Plugging in a Cased Hole.
(1) If there is cement behind the casing across the fresh-saltwater interface, a 100-foot cement plug shall be placed inside the casing across the interface.
(2) If the top of the cement behind the casing is below the top of the highest saltwater sands, squeeze-cementing shall be required through perforations to protect the freshwater deposits. In addition, a 100-foot cement plug shall be placed inside the casing across the fresh-saltwater interface.
(3) Notwithstanding other provisions of this section, the district deputy may require or allow a cavity shot immediately below the base of the freshwater sands. In such cases, the hole shall be cleaned out to the estimated bottom of the cavity and a 100-foot cement plug shall be placed in the casing from the cleanout point.
(c) Special Plugging Requirements. Where geologic or groundwater conditions dictate, special plugging procedures may be specified to prevent contamination of usable waters by downward percolation of poor quality surface waters, separate water zones of varying quality, and isolate dry sands that are in hydraulic continuity with groundwater aquifers.
NOTE

Authority cited: Section 3013, Public Resources Code. Reference: Sections 3106 and 3228, Public Resources Code.
HISTORY

1. Amendment filed 9-21-76; effective thirtieth day thereafter (Register 76, No. 39).
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Amendment of subsection (c) and Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
§1723.3. Plugging at a Casing Shoe.
Note     •     History

If the hole is open below a shoe, a cement plug shall extend from at least 50 feet below to at least 50 feet above the shoe. If the hole cannot be cleaned out to 50 feet below the shoe, a 100-foot cement plug shall be placed as deep as possible.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3106 and 3228, Public Resources Code.
HISTORY

1. Amendment filed 9-21-76; effective thirtieth day thereafter (Register 76, No. 39).
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
§1723.4. Plugging at the Casing Stub. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3106 and 3228, Public Resources Code.
HISTORY

1. Amendment filed 9-21-76; effective thirtieth day thereafter (Register 76, No. 39).
2. Amendment of section heading and new NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Repealer filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).
§1723.5. Surface Plugging.
Note     •     History

The hole and all annuli shall be plugged at the surface with at least a 25-foot cement plug. The district deputy may require that inner strings of uncemented casing be removed to at least the base of the surface plug prior to placement of the plug.
All well casing shall be cut off at least 5 feet but no more than 10 feet below the surface of the ground. The district deputy may approve a different cut-off depth, as conditions warrant, including but not limited to excavation or grading operations for construction purposes. As defined in Section 1760(j), a steel plate at least as thick as the outer well casing shall be welded around the circumference of the casing at the top of the casing, after Division approval of the surface plug. The steel plate shall show the well's identification, indicated by the last five digits of the API well number.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Section 3106, Public Resources Code.
HISTORY

1. Amendment filed 9-21-76; effective thirtieth day thereafter (Register 76, No. 39).
2. Amendment filed 6-30-80; effective thirtieth day thereafter (Register 80, No. 27).
3. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
4. Amendment of second paragraph filed 7-22-98; operative 8-21-98 (Register 98, No. 30).
5. Amendment filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).
6. Change without regulatory effect amending last paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1723.6. Recovery of Casing.
Note     •     History

(a) Approval to recover all casing possible will be given in the plugging and abandonment of wells where subsurface plugging can be done to the satisfaction of the district deputy.
(b) The hole shall be full of fluid prior to the detonation of any explosives in the hole. Such explosives shall be utilized only by a licensed handler with the required permits.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3106 and 3228, Public Resources Code.
HISTORY

1. Amendment filed 9-21-76; effective thirtieth day thereafter (Register 76, No. 39).
2. New NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Change without regulatory effect amending subsection (a) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1723.7. Inspection of Plugging and Abandonment Operations.
Note     •     History

Plugging and abandonment operations that require witnessing by the Division shall be witnessed and approved by a Division employee. When discretion is indicated by these regulations, the district deputy shall determine which operations are to be witnessed.
(a) Blowout prevention equipment--may inspect and witness testing of equipment and installation.
(b) Oil and gas zone plug--may witness placing and shall witness location and hardness.
(c) Mudding of hole--may witness mudding operations and determine that specified physical characteristics of mud fluid are met.
(d) Freshwater protection:
(1) Plug in open hole--may witness placing and shall witness location and hardness. Plug in cased hole--shall witness placing or location and hardness.
(2) Cementing through perforations--may witness perforating and shall witness cementing operation.
(3) Cavity shot--may witness shooting and shall witness placing or location and hardness of required plug.
(e) Casing shoe plug--shall witness placing or location and hardness.
(f) Casing stub plug--may witness placing or location and hardness.
(g) Surface plug--may witness emplacement and shall witness or verify location.
(h) Environmental inspection (after completion of plugging operations)--shall determine that Division environmental regulations (California Code of Regulations, Title 14, Subchapter 2) have been adhered to.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Section 3228, Public Resources Code.
HISTORY

1. Amendment filed 9-21-76; effective thirtieth day thereafter (Register 76, No. 39).
2. Amendment of subsection (d)(1) filed 10-11-79; effective thirtieth day thereafter (Register 79, No. 41).
3. Amendment of subsections (a) and (h) filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
4. Change without regulatory effect amending subsection (h) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
5. Amendment of subsections (d)(2) and (f) filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).
6. Change without regulatory effect amending first paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1723.8. Special Requirements.
Note     •     History

The Supervisor, in special cases, may set forth other plugging and abandonment requirements or may establish field rules for the plugging and abandonment of wells. Such cases include, but are not limited to:
(a) The plugging of a high-pressure saltwater zone.
(b) Perforating and squeeze-cementing previously uncemented casing within and above a hydrocarbon zone.
(c) The plugging of particular zones or specifying cleanout intervals within a wellbore.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Section 3106, Public Resources Code.
HISTORY

1. Amendment filed 9-21-76; effective thirtieth day thereafter (Register 76, No. 39).
2. New NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. New subsection (c) filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).
4. Change without regulatory effect amending first paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1723.9. Testing of Idle Wells.
Note     •     History

Any well that has not produced oil or natural gas or been used for fluid injection for a continuous six-month period during any consecutive five-year period, prior to or after the adoption of this regulation, must have either the fluid level determined using acoustical, mechanical, or other reliable methods, or other diagnostic tests as approved by the Supervisor. Additional well tests or remedial operations may be required if the fluid level is located above or adjacent to freshwater or potential drinking water zones, or as specified by the appropriate Division district deputy. Subsequent testing periods shall be based on the fluid level in the well, the well's location in relation to freshwater zones, mitigation measures taken by the operator to prevent fluid migration, or other factors determined by the appropriate Division district deputy, upon a showing of good cause. The appropriate district office shall be notified before tests are made, as a Division inspector may witness the operations.
NOTE

Authority cited: Section 3013, Public Resources Code. Reference: Section 3106, Public Resources Code.
HISTORY

1. New section filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1724. Required Well Records.
Note     •     History

The operator of any well drilled, redrilled, deepened, or reworked shall keep, or cause to be kept, an accurate record of each operation on each well including, but not limited to, the following, when applicable:
(a) Log and history showing chronologically the following data:
(1) Character and depth of all formations, water-bearing strata, oil- and gas-bearing zones, lost circulation zones, and abnormal pressure zones encountered.
(2) Casing size, weight, grade, type, condition (new or used), top, bottom, and perforations; and any equipment attached to the casing.
(3) Tubing size and depth, type and location of packers, safety devices, and other tubing equipment.
(4) Casing pressure tests and pressure tests of the casing-tubing annulus, including date, duration, pressure, and percent bleed-off.
(5) Hole sizes.
(6) Cementing and plugging operations, including date, depth, slurry volume and composition, fluid displacement, pressures, calculated or actual fill, and downhole equipment.
(7) Drill-stem, leak-off, or other formation tests, including date, duration, depth, pressures, and recovery (volume and description).
(8) BOPE installation, inspections, and pressure tests.
(9) Water shutoff and lap tests of casing, including date, duration, depth, and results.
(10) Sidetracked casing, tools or other material, collapsed or bad casing, holes in casing, and stuck drill pipe, tubing, or other junk in casing or open hole.
(11) Depth and type of all electrical, physical, or chemical logs, tests, or surveys made.
(12) Production or injection method and equipment.
(b) Core record showing the depth, character, and fluid content, so far as determined, of all cores, including sidewall samples.
(c) Such other information as the Supervisor may require for the performance of his or her statutory duties.
NOTE

Authority cited: Sections 3013 and 3107, Public Resources Code. Reference: Sections 3106, 3107, 3203, 3210 and 3214, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7). For history of former section, see Register 76, No. 39.
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. New subsection (a)(4), subsection relettering, and amendment of newly designated subsections (a)(6)-(7) and (a)(9)-(10) and Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
4. Change without regulatory effect amending subsection (c) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
5. Change without regulatory effect amending subsection (c) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1724.1. Records to Be Filed with the Division.
Note     •     History

Two true and reproducible copies of the well summary, core record, and history, and all electrical, physical and chemical logs, tests and surveys run, including mud logs shall be filed with the Division within 60 days after the completion, plugging and abandonment, or suspension of operations of a well. Dipmeter surveys shall be submitted in a form indicating the computed direction and amount of dip.
NOTE

Authority cited: Sections 3013, 3106 and 3107, Public Resources Code. Reference: Sections 3107, 3215 and 3216, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
4. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1724.2. Maintenance of Production Facilities, Safety Systems, and Equipment. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3013, Public Resources Code. Reference: Sections 3106, 3219, 3220 and 3222-3224, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Amendment of section heading, section and Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
4. Repealer filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1724.3. Well Safety Devices for Critical Wells.
Note     •     History

Certain wells designated by the Supervisor, that meet the definition of “critical” pursuant to Section 1720(a) and have sufficient pressure to allow fluid-flow to the surface, shall have safety devices as specified by the Supervisor, installed and maintained in operating condition. A description of such safety devices follows:
(a) Surface safety devices.
(1) Fail-close, well shut-in or shut-down devices. Wellhead assemblies shall be equipped with an automatic fail-close valve.
(2) High-low pressure sensors in all flowlines, set to actuate shut in or shut down of the well(s) in the event of abnormal pressures in the flowlines.
(3) Check valves in all headers, except for gas storage wells, to prevent backflow in the event of flowline failure. All flowlines and valves shall be capable of withstanding shut-in wellhead pressure, unless protected by a relief valve with connections to bypass the header.
(4) Fire detection devices, such as fusible plugs, at strategic points in pneumatic, hydraulic, and other shut-in control lines in fire hazard areas.
(5) Remote, manually operated, quick operating shut-in controls at strategic points.
(b) Subsurface safety devices.
(1) A surface-controlled, subsurface tubing safety valve installed at a depth of 50 feet or more below the ground level. For shut-in wells capable of flowing, a tubing plug may be installed in lieu of a subsurface tubing safety valve. Subsurface safety devices shall be installed, adjusted, and maintained to ensure reliable operation. If for any reason a subsurface safety device is removed from a well, a replacement subsurface safety device or tubing plug shall be promptly installed. Any well in which a subsurface safety device or tubing plug is installed shall have the tubing-casing annulus sealed at or below the valve- or plug-setting depth. A bypass-type packer that will seal the annulus on manual or automatic operation of the tubing subsurface safety device will meet this requirement.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3106 and 3219, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Change without regulatory effect amending first paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1724.4. Testing and Inspection of Safety Devices.
Note     •     History

(a) All installed well safety devices, required pursuant to Section 1724.3 of this article, shall be tested at least every six (6) months, as follows:
(1) Flow line pressure sensors shall be tested for proper pressure settings.
(2) Automatic wellhead safety valves shall be tested for reliable operation and holding pressure.
(3) Subsurface safety devices shall be tested for reliable operation.
(4) Tubing plugs or packers shall be tested for holding pressure.
(b) The appropriate Division district office shall be notified before such tests are made, as these tests may be witnessed by a Division inspector. Test failures not immediately repaired or corrected and not witnessed by a Division inspector shall be reported to the Division within 24 hours.
(c) The Supervisor may establish a special testing schedule for safety devices other than that specified in this section, based upon equipment performance or special conditions.
(d) The operator shall maintain records, available to Division personnel during business hours, showing the present status and history of each well safety device installed, including dates, details and results of inspections, tests, repairs, reinstallations, and replacements.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3106 and 3219, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Editorial correction of NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Change without regulatory effect amending subsections (b)-(d) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1724.5. Surface Disposal of Waste Water. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 3106 and 3107, Public Resources Code. Reference: Sections 3106, 3107, 3203, 3210-3215, 3219, 3220 and 3222-3224, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Repealer filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
§1724.6. Approval of Underground Injection and Disposal Projects.
Note     •     History

Approval must be obtained from this Division before any subsurface injection or disposal project can begin. This includes all EPA Class II wells and air- and gas-injection wells. The operator requesting approval for such a project must provide the appropriate Division district deputy with any data that, in the judgment of the Supervisor, are pertinent and necessary for the proper evaluation of the proposed project.
NOTE

Authority cited: Section 3106, Public Resources Code. Reference: Section 3106, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1724.7. Project Data Requirements.
Note     •     History

(Note: See Section 1724.8 for special requirements for cyclic steam projects, and Section 1724.9 or supplementary requirements for gas storage projects.)
The data required to be filed with the district deputy include the following, where applicable:
(a) An engineering study, including but not limited to:
(1) Statement of primary purpose of the project.
(2) Reservoir characteristics of each injection zone, such as porosity, permeability, average thickness, areal extent, fracture gradient, original and present temperature and pressure, and original and residual oil, gas, and water saturations.
(3) Reservoir fluid data for each injection zone, such as oil gravity and viscosity, water quality, and specific gravity of gas.
(4) Casing diagrams, including cement plugs, and actual or calculated cement fill behind casing, of all idle, plugged and abandoned, or deeper-zone producing wells within the area affected by the project, and evidence that plugged and abandoned wells in the area will not have an adverse effect on the project or cause damage to life, health, property, or natural resources.
(5) The planned well-drilling and plugging and abandonment program to complete the project, including a flood-pattern map showing all injection, production, and plugged and abandoned wells, and unit boundaries.
(b) A geologic study, including but not limited to:
(1) Structural contour map drawn on a geologic marker at or near the top of each injection zone in the project area.
(2) Isopachous map of each injection zone or subzone in the project area.
(3) At least one geologic cross section through at least one injection well in the project area.
(4) Representative electric log to a depth below the deepest producing zone (if not already shown on the cross section), identifying all geologic units, formations, freshwater aquifers, and oil or gas zones.
(c) An injection plan, including but not limited to:
(1) A map showing injection facilities.
(2) Maximum anticipated surface injection pressure (pump pressure) and daily rate of injection, by well.
(3) Monitoring system or method to be utilized to ensure that no damage is occurring and that the injection fluid is confined to the intended zone or zones of injection.
(4) Method of injection.
(5) List of proposed cathodic protection measures for plant, lines, and wells, if such measures are warranted.
(6) Treatment of water to be injected.
(7) Source and analysis of the injection liquid.
(8) Location and depth of each water-source well that will be used in conjunction with the project.
(d) Copies of letters of notification sent to offset operators.
(e) Other data as required for large, unusual, or hazardous projects, for unusual or complex structures, or for critical wells. Examples of such data are: isogor maps, water-oil ratio maps, isobar maps, equipment diagrams, and safety programs.
(f) All maps, diagrams and exhibits required in Section 1724.7(a) through (e) shall be clearly labeled as to scale and purpose and shall clearly identify wells, boundaries, zones, contacts, and other relevant data.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Section 3106, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Change without regulatory effect amending subsections (a)(4)-(5) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1724.8. Data Required for Cyclic Steam Injection Project Approval.
Note     •     History

The data required by the Division prior to approval of a cyclic steam (steam soak) project include, but are not limited to, the following:
(a) A letter from the operator notifying the Division of the intention to conduct cyclic steam injection operations on a specific lease, in a specific reservoir, or in a particular well.
(b) If cyclic steam injection is to be in wells adjacent to a lease boundary, a copy of a letter notifying each offset operator of the proposed project.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Section 3106, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1724.9. Gas Storage Projects.
Note     •     History

The data required by the Division prior to approval of a gas storage project include all applicable items listed in Section 1724.7(a) through (e), and the following, where applicable:
(a) Characteristics of the cap rock, such as areal extent, average thickness, and threshold pressure.
(b) Oil and gas reserves of storage zones prior to start of injection, including calculations.
(c) List of proposed surface and subsurface safety devices, tests, and precautions to be taken to ensure safety of the project.
(d) Proposed waste water disposal method.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Section 3106, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Editorial correction of NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
3. Change without regulatory effect amending first paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1724.10. Filing, Notification, Operating, and Testing Requirements for Underground Injection Projects.
Note     •     History

(a) The appropriate Division district deputy shall be notified of any anticipated changes in a project resulting in alteration of conditions originally approved, such as: increase in size, change of injection interval, or increase in injection pressure. Such changes shall not be carried out without Division approval.
(b) Notices of intention to drill, redrill, deepen, or rework, on current Division forms, shall be completed and submitted to the Division for approval whenever a new well is to be drilled for use as an injection well and whenever an existing well is converted to an injection well, even if no work is required on the well.
(c) An injection report on a current Division form or in a computerized format acceptable to the Division shall be filed with the Division on or before the 30th day of each month, for the preceding month.
(d) A chemical analysis of the liquid being injected shall be made and filed with the Division whenever the source of injection liquid is changed, or as requested by the Supervisor.
(e) An accurate, operating pressure gauge or pressure recording device shall be available at all times, and all injection wells shall be equipped for installation and operation of such gauge or device. A gauge or device used for injection-pressure testing, which is permanently affixed to the well or any part of the injection system, shall be calibrated at least every six months. Portable gauges shall be calibrated at least every two months. Evidence of such calibration shall be available to the Division upon request.
(f) All injection piping, valves, and facilities shall meet or exceed design standards for the maximum anticipated injection pressure, and shall be maintained in a safe and leak-free condition.
(g) All injection wells, except steam, air, and pipeline-quality gas injection wells, shall be equipped with tubing and packer set immediately above the approved zone of injection within one year after the effective date of this act. New or recompleted injection wells shall be equipped with tubing and packer upon completion or recompletion. Exceptions may be made when there is:
(1) No evidence of freshwater-bearing strata.
(2) More than one string of casing cemented below the base of fresh water.
(3) Other justification, as determined by the district deputy, based on documented evidence that freshwater and oil zones can be protected without the use of tubing and packer.
(h) Data shall be maintained to show performance of the project and to establish that no damage to life, health, property, or natural resources is occurring by reason of the project. Injection shall be stopped if there is evidence of such damage, or loss of hydrocarbons, or upon written notice from the Division. Project data shall be available for periodic inspection by Division personnel.
(i) To determine the maximum allowable surface injection pressure, a step-rate test shall be conducted prior to sustained liquid injection. Test pressure shall be from hydrostatic to the pressure required to fracture the injection zone or the proposed injection pressure, whichever occurs first. Maximum allowable surface injection pressure shall be less than the fracture pressure. The appropriate district office shall be notified prior to conducting the test so that it may be witnessed by a Division inspector. The district deputy may waive or modify the requirement for a step-rate test if he or she determines that surface injection pressure for a particular well will be maintained considerably below the estimated pressure required to fracture the zone of injection.
(j) A mechanical integrity test (MIT) must be performed on all injection wells to ensure the injected fluid is confined to the approved zone or zones. An MIT shall consist of a two-part demonstration as provided in subsections (j)(1) and (2).
(1) Prior to commencing injection operations, each injection well must pass a pressure test of the casing-tubing annulus to determine the absence of leaks. Thereafter, the annulus of each well must be tested at least once every five years; prior to recommencing injection operations following the repositioning or replacement of downhole equipment; or whenever requested by the appropriate Division district deputy.
(2) When required by subsection (j) above, injection wells shall pass a second demonstration of mechanical integrity. The second test of a two-part MIT shall demonstrate that there is no fluid migration behind the casing, tubing, or packer.
(3) The second part of the MIT must be performed within three (3) months after injection has commenced. Thereafter, water-disposal wells shall be tested at least once each year; waterflood wells shall be tested at least once every two years; and steamflood wells shall be tested at least once every five years. Such testing for mechanical integrity shall also be performed following any significant anomalous rate or pressure change, or whenever requested by the appropriate Division district deputy. The MIT schedule may be modified by the district deputy if supported by evidence documenting good cause.
(4) The appropriate district office shall be notified before such tests/surveys are made, as a Division inspector may witness the operations. Copies of surveys and test results shall be submitted to the Division within 60 days.
(k) Additional requirements or modifications of the above requirements may be necessary to fit specific circumstances and types of projects. Examples of such additional requirements or modifications are:
(1) Injectivity tests.
(2) Graphs of time vs. oil, water, and gas production rates, maintained for each pool in the project and available for periodic inspection by Division personnel.
(3) Graphs of time vs. tubing pressure, casing pressure, and injection rate maintained for each injection well and available for periodic inspection by Division personnel.
(4) List of all observation wells used to monitor the project, indicating what parameter each well is monitoring (i.e., pressure, temperature, etc.), submitted to the Division annually.
(5) List of all injection-withdrawal wells in a gas storage project, showing casing-integrity test methods and dates, the types of safety valves used, submitted to the Division annually.
(6) Isobaric maps of the injection zone, submitted to the Division annually.
(7) Notification of any change in waste disposal methods.
NOTE

Authority cited: Section 3013, Public Resources Code. Reference: Section 3106, Public Resources Code.
HISTORY

1. New section filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Amendment filed 6-30-80; effective thirtieth day thereafter (Register 80, No. 27).
3. Editorial correction of NOTE filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).
4. Amendment of subsection (j), new subsections (j)(1)-(4) and amendment of Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
5. Change without regulatory effect amending subsection (i) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
6. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
Subchapter 1.1. Offshore Well Regulations
Article 1. General
§1740. Purpose.
Note     •     History

It is the purpose of this subchapter to set forth the rules and regulations governing the drilling, redrilling, production, maintenance, and plugging and abandonment of offshore oil and gas wells in accordance with the provisions of Division 3 of the Public Resources Code.
NOTE

Authority cited: Sections 3000-3013 and 3106, Public Resources Code. Reference: Sections 3203-3220 and 3227-3237, Public Resources Code.
HISTORY

1. New Subchapter 1.1 ( §§ 1740, 1740.1-1740.5, 1741-1744, 1744.1-1744.6, 1745, 1745.1-1745.10, 1746, 1747, 1747.1-1747.10, 1748, 1748.1-1748.3, 1749) filed 4-22-74; effective thirtieth day thereafter (Register 74, No. 17).
2. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1740.1. Policy.
History

Section 3106 of Division 3 of the Public Resources Code will be administered with the objective of furthering declared legislative policy; namely, that the Supervisor shall supervise drilling, operation, maintenance, and plugging and abandonment of wells to prevent as far as possible, damage to life, health, property, and natural resources, damage to underground oil and gas deposits from infiltrating water and other causes, loss of oil, gas, or reservoir energy and damage to underground and surface waters suitable for irrigation or domestic purposes by the infiltration of, or the addition of detrimental substances by reason of the drilling, operation, maintenance, or plugging and abandonment of wells.
HISTORY

1. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1740.2. Scope of Regulations.

They shall apply to any and all oil or gas well operations conducted from locations within the offshore territorial boundaries and inland bays of the State of California, and where in conflict, the existing regulations shall supersede any and all previous rules, regulations, and requirements pertaining to the operations previously stated.
§1740.3. Revision of Regulations.
History

The Supervisor at appropriate intervals, or as the need arises, may review and issue special regulations or change present regulations, and such special regulations or changes shall prevail against general regulations if in conflict therewith. Public hearings on such special issues or changes will be held if required.
HISTORY

1. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1740.4. Incorporation by Reference.

Any documents or part therein incorporated by reference herein are a part of this regulation as though set out in full.
§1740.5. Approval.
History

Written approval of the Supervisor is required prior to commencing drilling, reworking, injection, plugging, or abandonment operations. Temporary approval to commence such operations, however, may be granted by the Supervisor or his or her representative when such operations are necessary to avert a threat to life, health, property, or natural resources, or when approved operations are in progress and newly discovered well condition are such that immediate corrective or abandonment operations are desirable. Such temporary approval shall be granted only after the operator has provided the Division with all information pertaining to the condition of the well, including but not limited to, geological, mechanical, and the results of tests and surveys. Notwithstanding any such temporary approval, the operator shall immediately file a written notice of intention to carry out a program temporarily approved.
An operator shall act immediately to correct a condition which creates a clear and present danger to life, health, property, or natural resources and shall immediately notify the Division of the condition and the action taken to correct it.
HISTORY

1. Amendment filed 4-1-76; effective thirtieth day thereafter (Register 76, No. 14).
2. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
Article 2. Definitions
§1741. Definitions.
Note     •     History

Unless this context otherwise requires, the following definitions shall apply to these regulations:
(a) “District” means oil and gas district as provided for in Section 3105 of Division 3 of the Public Resources Code.
(b) “Division,” in reference to the government of this state, means the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation.
(c) “Drilling fluid” means the fluid used in the hole during drilling or other proposed operations.
(d) “Field” means the same general surface area which is underlaid or reasonably appears to be underlaid by one or more pools.
(e) “Field rules” means unique requirements or procedures which may be established by the Supervisor for a producing field.
(f) “Gas” means any natural hydrocarbon gas coming from the earth.
(g) (Reserved)
(h) “Oil” includes petroleum, and “petroleum” includes oil.
(i) “Operations” means any one or all of the activities of an operator covered by Division 3 of the Public Resources Code.
(j) “Operator” means any person drilling, maintaining, operating, pumping, or in control of any well.
(k) “Pool” means an underground reservoir containing, or appearing at the time of determination to contain, a common accumulation of crude petroleum oil or natural gas or both. Each zone of a general structure which is separated from any other zone in the structure is a separate pool.
(l) “Rework” means any operation subsequent to drilling that involves deepening, redrilling, plugging, or permanently altering in any manner the casing of a well or its function.
(m) “String” means a continuous length of connected joints of casing, liner, drill pipe or tubing run into the well, including all attached drilling, cementing, testing, producing, safety, and gravel-pack equipment.
(n) “Supervisor” means the State Oil and Gas Supervisor.
(o) “Well” means any oil or gas well or well for the discovery of oil or gas, or any well on lands producing or reasonably presumed to contain oil or gas or any well drilled for the purpose of injecting fluids or gas for stimulating oil or gas recovery, repressuring or pressure maintenance of oil or gas reservoirs, or disposing of oil field waste fluids or any well drilled within or adjacent to an oil or gas pool for the purpose of obtaining water to be used in production stimulation or repressuring operations.
NOTE

Authority cited: Section 3106, Public Resources Code. Reference: Sections 3000-3014, Public Resources Code.
HISTORY

1. Amendment of subsection (a) and repealer of subsection (g) filed 2-13-81 as procedural and organizational; effective upon filing (Register 81, No. 7).
2. Change without regulatory effect amending subsection (b) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending subsection (e) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
Article 3. Regulations
§1742. Well Identification.
History

(a) The number or designation, which includes the lease name when used, by which a well shall be known is subject to the approval of the Supervisor and shall not be changed without the written consent of the Supervisor.
(b) Identification of wells. The well designation shall be affixed to the wellhead or guard rail of each completed well. Wells completed from two or more zones shall have the zones individually identified at the wellhead. The Supervisor may approve existing well identification methods if they substantially comply with the intent of this section. Identifying signs shall be maintained in a legible condition.
(c) Platforms, islands, or other fixed structures shall be identified at two diagonal corners of the platform or structure by a sign with letters and figures not less than 12 inches in height with the following information: the platform or structure designation, the name of lease operator, and the lease designation. The Supervisor may approve abbreviations.
(d) Non-fixed platforms or structures shall be identified by two (2) signs with letters and figures not less than 12 inches in height affixed to opposite sides of the derrick to be visible from off the vessel with the following information: the name of the operator and the lease designation.
HISTORY

1. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1743. General Requirements.
Note     •     History

(a) It is understood that this Division's approval of operations is contingent upon the continual fulfillment of all marine and pollution control requirements established by the U. S. Coast Guard and the State of California.
(b) All operations are to be conducted in a proper and workmanlike manner in accordance with good oil field practice.
(c) All installations shall comply with applicable provisions of Safety Orders of the State Division of Industrial Safety, including the Petroleum Safety Orders, the General Industry Safety Orders and the Unfired Pressure Vessel Safety Orders.
(d) An approved oil spill contingency plan that includes provisions for rapid deployment of containment and recovery equipment shall be in effect, and a copy of the plan shall be on file with this Division prior to commencing operations.
(e) An approved plan for blowout prevention and control, “kick control plan,” including provisions for duties, training, supervision, and schedules for testing equipment and drills, shall be on file with the Division prior to commencing operations.
(f) Tubing, casing, or annulus open to an oil or gas zone shall be sealed off or equipped with a device to shut it in at the surface.
(g) A copy of the operator's proposals on Division forms and subsequent approval of proposed operations by the Division shall be available at the wellsite throughout such operations.
(h) Operators shall give adequate prior notice to the Division's office of the district in which a well is located, of the time for inspections, and tests required by the Division.
(i) Operations shall not deviate from the approved basic program without prior approval of the Division. Additional requirements may be made at that time.
(j) Oil spills or slicks shall be reported to the agencies as specified in the California Oil Spill Disaster Contingency Plan and in the National Oil Hazardous Substances Pollution Contingency Plan.
(k) Blowouts, fires, hazardous gas leaks, disasters, major accidents, or similar incidents on or emanating from an oil or gas drilling, producing, or treating facility shall be reported to the Division immediately.
NOTE

Authority cited: Section 3106, Public Resources Code. Reference: Section 3203, Public Resources Code.
HISTORY

1. Amendment of subsection (k) filed 4-1-76; effective thirtieth day thereafter (Register 76, No. 14).
2. Amendment of subsection (i) filed 2-13-81 as procedural and organizational; effective upon filing (Register 81, No. 7).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1744. Drilling Regulations.
History

All exploratory wells and initial development wells on offshore sites shall be drilled or reworked in accordance with these regulations, which shall continue in effect until field rules are established. After field rules have been established, development wells shall be drilled or reworked according to such rules.
(a) Where sufficient geologic and engineering information is available from previous drilling, operators may make application to the Supervisor for the establishment of field rules for each oil or gas pool or zone. The Supervisor shall review field rules at least once a year and notify operators in writing of any change.
(b) Drilling or reworking of wells shall not commence without approval of the Division. Notices of intention and approvals shall be considered cancelled if the proposed operations are not commenced within one year of receipt of the notice. Each proposal to drill or rework a well shall include all information required on Division forms and a detailed work program including, when applicable, casing, cementing, drilling fluid, and blowout prevention programs, proposed bottom hole location, anticipated location of the intersection of each proposed zone of completion with the bore hole, anticipated pressures, and anticipated depths (both measured and vertical) of geologic formations, oil zones, gas zones, and freshwater zones. The casing, cementing, drilling fluid, and blowout prevention programs shall comply with either the following requirements or established field rules.
HISTORY

1. Amendment filed 4-1-76; effective thirtieth day thereafter (Register 76, No. 14).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1744.1. Casing Program.

All wells shall be cased and cemented in a manner that will fulfill the requirements of Sections 3106, 3219, 3220, and 3222 of Division 3 of the Public Resources Code. The proposal to drill, redrill, or deepen shall include a casing program designed to provide for firm anchorage and for full protection of all oil, gas, or fresh water zones. All casing strings shall be new pipe or equivalent, capable of withstanding all anticipated collapse and burst pressures to be encountered or used. For the purpose of these regulations, the several strings in order of normal installation are conductor, first surface, second surface, intermediate, protective, and production.
Casing strings shall be run and cemented prior to drilling below the specified setting depth, subject to minor variations necessary to allow the casing to be set in firm compacted or consolidated stratum. All depths refer to true vertical depth (TVD) below the ocean floor, unless otherwise specified. Determination of proper casing setting depths shall be based upon all geological and engineering factors, including but not limited to the presence or absence of hydrocarbons, formation pressures, fracture gradients, lost circulation intervals, and the degree of compaction or consolidation of formations.
§1744.2. Description of Casing Strings.
History

Names of strings used by the Division are not always the same as those used by the federal government for wells drilled on the Outer Continental Shelf. Where there is a difference, the Division name is given first followed by the federal name shown in parentheses.
(a) Conductor casing (drive or structural). This casing may be set by drilling, driving, or jetting to a depth of approximately 100 feet to provide hole stability for initial drilling operations. This casing may be omitted, when approved by the Division, if there is geological evidence that hydrocarbons will not be encountered while drilling the hole for the first surface casing and is not needed for hole stability.
(b) First surface casing (conductor). This casing shall be set at a minimum depth of 300 feet or a maximum depth of 500 feet provided that this casing string shall be set before drilling into shallow strata known to contain oil or gas or, if unknown, upon encountering such strata.
(c) Second surface casing (surface). This casing shall be set at a minimum depth of 1,000 feet or a maximum depth of 1,200 feet below the ocean floor, but may be set as deep as 1,500 feet, in the event the surface casing is set at a depth at least 450 feet.
(d) Intermediate casing. This casing shall be set if the proposed total depth of the well is more than 3,500 feet. When surface casing is set at deeper than 1,000 feet, the proposed total depth of the well may be extended two (2) feet for each foot of surface casing below 1,000 feet.

	Proposed Total Depth of Well or
	Proposed Depth of First Full String 	Setting Depth for Intermediate
	of Protective Casing (TVD in Feet	 Casing (TVD in Feet Below
	Below Ocean Floor) 	Ocean Floor) 
--------------------------------           --------------------------
		Minimum   Maximum 
	3,500- 4,500	1,500    4,500
	4,500- 6,000	1,750    4,500
	6,000- 9,000	2,250    4,500
	9,000-11,000	2,750    4,500
	11,000-13,000	3,250    4,500
	13,000-Below	3,500    4,500
(e) Protective casing. This casing shall be set when required by well conditions, such as lost circulation or abnormal pressures. When this string does not extend to the surface, the lap shall be cemented and tested by a fluid entry test to determine whether a seal between the protective string and next larger string has been achieved. The test shall be witnessed and approved by a Division inspector and recorded on the driller's log.
(f) Production casing. This casing shall be cemented as noted in Section 1744.3 below and a test of water shut-off made above the zones to be produced or injected into. The test shall be witnessed and approved by a Division inspector before completing the well for production or injection. In injection wells, the Supervisor may approve the demonstration of the shut-off by running of a survey within 30 days after injection commences. The survey must show that injection fluid is confined to the approved injection interval.
When the production string does not extend to the surface, the lap between the production string and next larger casing string shall be cemented and tested as in the case of protective casing. The surface casing shall never be used as production casing unless all lower oil or gas zones are properly plugged.
HISTORY

1. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1744.3. Cementing Casing.
History

The conductor (if drilled or jetted) and surface casings shall be cemented with sufficient cement to fill the annular space back to the ocean floor. The intermediate casing shall be cemented with sufficient cement to fill the annular space back to the ocean floor or at least 200 feet into the next larger string of pipe. The protective and production casings shall be cemented so that all fresh water zones, oil or gas zones, and abnormal pressure intervals are covered or isolated, and, in addition, a calculated volume sufficient to fill the annular space to at least 500 feet above cementing points, above oil or gas zones, and above abnormal pressure intervals not previously cased. When the cement behind casing is not returned to the ocean floor or through a lap, the amount of solid cement fill behind casing shall be determined by surveys acceptable to the Supervisor. If the annular space is not adequately cemented by the primary operation, the operator shall displace sufficient cement to fill the required annular space. Upon demonstrating shut-off above the zones to be produced or injected into as indicated under (f) above, the operator may continue with the approved operations.
HISTORY

1. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1744.4. Pressure Testing.
History

Prior to drilling out the plug after cementing, all blank casing strings, except the conductor casing, shall be pressure tested as shown in the table below. Loss in pressure shall not exceed 10 percent during a 30 minute test; corrective measures must be taken until a satisfactory test is obtained.

Casing String 	Minimum Surface Test Pressure

First surface 	1 psi/ft. of depth
Second surface 	1,000 psi
Intermediate, protective 	1,500 psi or 0.2 psi/ft.,
 and production 	 whichever is greater

After cementing any of the above strings, drilling shall not be commenced until a time lapse of: eight hours for the first surface casing string and 12 hours for all other casing strings, or sufficient time for the bottom 500 feet of annular cement fill to attain a compressive strength of at least 500 psi based on a pretest of the slurry at the temperature and pressure at the cementing depth, using testing procedures as set forth by the American Petroleum Institute in RP 10B, 1972, incorporated here by reference.
All casing pressure tests shall be witnessed and approved by a Division inspector prior to drilling out of the casing or perforating opposite possible oil or gas zones. Inspection of data recorded by a device approved by the Division may be substituted for witnessing.
HISTORY

1. Change without regulatory effect amending last paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1744.5. Blowout Prevention and Related Well-Control Equipment.
Note     •     History

This equipment shall be installed, tested, used, and maintained in a manner necessary to prevent an uncontrolled flow of fluid from a well. Division personnel shall use the current edition of Division of Oil, Gas, and Geothermal Resources Manual No. M07, “Oil and Gas Well Blowout Prevention in California,” as a guide in establishing the blowout prevention equipment requirements specified in the Division's approval of proposed operations.
NOTE

Authority cited: Section 3106, Public Resources Code. Reference: Section 3219, Public Resources Code.
HISTORY

1. Amendment filed 8-3-79 as procedural and organizational; effective thirtieth day thereafter (Register 79, No. 31).
2. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1744.6. Drilling Fluid Program--General.
History

The characteristics, use, and testing of drilling fluid and the method of conducting related drilling procedures shall be such as are necessary to prevent the uncontrolled flow of fluid from any well. Quantities of drilling fluid materials sufficient to insure well control shall be maintained readily accessible for immediate use at all times.
(a) Drilling fluid control. Before starting out of the hole with drill pipe, the drilling fluid shall be circulated with the drill pipe hung just off bottom until the drilling fluid is properly conditioned. Proper conditioning requires circulation of the drilling fluid to the extent that the total annulus volume is displaced and until gas is removed. When coming out of the hole with drill pipe or tubing, the annulus shall be filled with drilling fluid before the drilling fluid level drops below a calculated depth of 100 feet below the derrick floor. A mechanical device that indicates the amount of drilling fluid required to keep the hole full shall be watched. If there is any indication of “swabbing” or influx of formation fluids, the inside blowout preventer shall be installed on the drill pipe, the drill pipe shall be run to bottom, and the drilling fluid properly conditioned. The drilling fluid shall not be circulated and conditioned except on or near bottom, unless well conditions prevent running the pipe to bottom. The fluid in the hole shall be circulated or reverse circulated prior to pulling drill-stem test tools from the hole.
(b) Drilling fluid testing equipment. Drilling fluid testing equipment for measuring viscosity, water loss, weight, and thixotropic properties shall be maintained on the drillsite at all times. Tests of the drilling fluid consistent with good operating practice shall be performed at the beginning of each eight-hour tour while drilling, with additional tests as conditions warrant. Results of tests shall be recorded on the driller's log. The following or comparable equipment for monitoring the drilling fluid system must be installed with the indicators at the driller's station and used throughout the period of drilling after setting and cementing the first surface casing.
(1) A recording mud-pit level indicator to determine mud pit volume gains and losses. This indicator shall include a visual and audible warning device.
(2) A mud volume measuring device for accurately determining mud volumes required to maintain fluid level at the surface while pulling the drill pipe from the hole.
(3) A mud return or full hole indicator to show when returns have been obtained, or when they occur unintentionally, and also to determine that returns essentially equal the pump discharge rate.
(c) Inspection of the complete drilling fluid system shall be made by a Division inspector. Approval of the system is required prior to drilling out the shoe of the first surface casing.
HISTORY

1. Change without regulatory effect amending subsection (c) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1745. Plugging and Abandonment.
History

Plugging and abandonment operations shall not commence until approval has been obtained from the Supervisor. Proposals to plug or plug and abandon shall be submitted on a Division form for plugging or plugging and abandonment and accompanied by a detailed work program. The proposed plugging and abandonment program shall be deemed to have been approved if the Supervisor does not give the operator a written response to the notice of intention within ten (10) working days. Under circumstances specified in Section 1740.5, the operator may receive conditional approval to commence operations.
The operator shall comply with the following minimum requirements which have general application to all wells. The Supervisor may approve or require specific plugging materials and methods of operation to fulfill or exceed the minimum requirements.
HISTORY

1. Amendment filed 4-1-76; effective thirtieth day thereafter (Register 76, No. 14).
2. Change without regulatory effect amending first paragraph filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1745.1. Permanent Plugging and Abandonment.
History

(a) Plugging in uncased hole. In uncased portions of wells, cement plugs shall be placed to extend from total depth or at least 100 feet below each oil or gas zone, whichever is less, to at least 100 feet above the top of each zone, and a cement plug at least 200 feet long shall be placed across an intrazone freshwater-saltwater interface or opposite impervious strata between fresh- and saltwater zones so as to confine the fluids in the strata in which they are found and to prevent them from escaping into other strata.
(b) Isolation of open hole. Where there is open hole immediately below casing, a cement plug shall be placed in the deepest cemented casing string from total depth or at least 100 feet below the casing shoe, whichever is less to at least 100 feet above the casing shoe.
(c) Plugging perforated intervals. A cement plug shall be placed opposite all perforations extending to a minimum of 100 feet above the perforated intervals, liner top, cementing point, or zone, whichever is higher.
(d) Isolating zones behind cemented casing. Inside cemented casing, a cement plug at least 100 feet long shall be placed above each oil or gas zone and above the shoe of the intermediate or second surface casing; a cement plug at least 200 feet long shall also be placed across an intrazone freshwater-saltwater interface or opposite impervious strata between fresh- and saltwater zones.
HISTORY

1. Amendment of subsection (a) and (d) filed 4-1-76; effective thirtieth day thereafter (Register 76, No. 14).
2. Change without regulatory effect amending section heading and subsection (b) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1745.2. Junk in Hole or Collapsed Casing.

In the event that junk cannot be removed from the hole, and the hole below the junk is not properly plugged, cement plugs shall be placed as follows:
(a) Sufficient cement shall be squeezed through the junk to isolate the lower oil, gas, or fresh water zones and a minimum of 100 feet of cement shall be placed on top of the junk, but no higher than the sea bed.
(b) If the top of the junk is opposite uncemented casing, the casing annulus immediately above the junk shall be cemented with sufficient cement to insure isolation of the lower zones.
§1745.3. Plugging of Casing Stubs.
History

If casing is cut and recovered, other than that pulled for placing the surface plug, a cement plug shall be placed from at least 100 feet below to at least 100 feet above the stub.
HISTORY

1. Amendment filed 4-1-76; effective thirtieth day thereafter (Register 76, No. 14).
§1745.4. Plugging of Annular Space.

No annular space that extends to the ocean floor shall be left open to drilled hole below. If this condition exists, a minimum of 200 feet of the annulus immediately above the shoe shall be plugged with cement.
§1745.5. Surface Plug Requirement.

A cement plug at least 100 feet long shall be placed in the well with the top between 50 and 150 feet below the ocean floor. All inside casing strings with uncemented annuli shall be pulled from below the surface plug. The casing shall not be shot or cut in a manner that will damage outer casing strings and prevent reentry into the well.
§1745.6. Testing of Plugs.

Division tests for the location and hardness of cement plugs shall be verified by placing the total weight of the pipe string on the plug, or where there is sufficient depth, an open-end pipe weight of at least 10,000 pounds.
§1745.7. Mud.

Any interval of the hole not plugged with cement shall be filled with mud fluid of sufficient density to exert hydrostatic pressure exceeding the greatest formation pressure encountered while drilling such interval.
§1745.8. Clearance of Location.
History

All casing and anchor piling shall be cut and removed from not more than 5 feet below the ocean floor, and the ocean floor cleared of any obstructions, unless prior approval to the contrary is obtained from the appropriate marine navigation and wildlife agencies and a copy of the approval filed with the Division.
HISTORY

1. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1745.9. Temporary Abandonments.
History

Any well that is to be temporarily abandoned shall be mudded and cemented as required for permanent plugging and abandonment, but requirements of Sections 1745.1(d), 1745.4, 1745.5, and 1745.8 of this article may be omitted. For ocean-floor and platform sites, a mechanical bridge plug (retrievable or permanent) shall be set in the well between 15 and 200 feet below the ocean floor. For land fill, pier, and island sites, the well shall be securely capped or closed at the surface, until operations are resumed.
HISTORY

1. Amendment filed 4-1-76; effective thirtieth day thereafter (Register 76, No. 14).
2. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1745.10. Witnessing of Operations.
History

Operations to be witnessed by a Division inspector include tests for location and hardness of plugs placed across oil or gas zones open to the well, across fresh water zones, across casing shoes, cementing through junk, and placing of the surface plug. Geologic or mechanical conditions may require changes or additions to the schedule of inspections.
HISTORY

1. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1746. Well Records.
History

The operator of any well shall keep, or cause to be kept, an accurate record of each well consisting of but not limited to the following:
(a) A log and history for each well showing chronologically the following applicable data:
(1) Character and depth of formations, water-bearing strata, oil and gas-bearing zones, and lost circulation zones encountered.
(2) Casing size, kind, top, bottom, perforations, and attached equipment used.
(3) Tubing size, and depth, type and location of packers, safety devices, and other tubing equipment used.
(4) Hole size.
(5) Cementing and plugging operations including time, depth, slurry volume and composition, fluid displacement, fill, pressures used, and down-hole equipment used.
(6) Drillstem and formation tests including time, depth, pressures, and recovery (volume and description).
(7) BOPE installation, inspections, pressure tests, and drills.
(8) Shut-off, pressure, and lap tests of casing.
(9) Depth and type of all electrical, physical or chemical logs, tests, or surveys run.
(10) Wellhead specifications and method of production.
(b) Core record showing the depth, character, and fluid content of all cores, including sidewall cores, so far as determined.
(c) Filing records.
(d) Records at wellsite.
HISTORY

1. Repealer of subsections (c) and (d) filed 8-13-76 as procedural and organizational; effective upon filing (Register 76, No. 33).
§1746.1. Filing Records.
Note     •     History

Well records shall be filed in accordance with the provisions of Sections 3215 or 3216, Article 4, Public Resources Code.
NOTE

Authority cited: Sections 3000-3013 and 3016, Public Resources Code. Reference: Sections 3203-3220 and 3227-3237, Division 3, Chapter 1, Article 4, Public Resources Code.
HISTORY

1. New section filed 8-13-76 as procedural and organizational; effective upon filing (Register 76, No. 33).
§1746.2. Records of Wellsite.
Note     •     History

During the performance of proposed operations, a copy of a well's tour reports shall be maintained at the wellsite. All pertinent well records shall be made available to the Division inspector upon request.
NOTE

Authority cited: Sections 3000-3013 and 3016, Public Resources Code. Reference: Sections 3203-3220 and 3227-3237, Division 3, Chapter 1, Article 4, Public Resources Code.
HISTORY

1. New section filed 8-13-76 as procedural and organizational; effective upon filing (Register 76, No. 33).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1747. Safety and Pollution Control.
Note     •     History

Operators shall equip wells and associated facilities with necessary safety devices and establish procedures as follows:
(a) Subsurface safety device. All wells capable of flowing oil or gas to the ocean floor shall be equipped with a surface controlled subsurface tubing safety valve installed at a depth of 100 feet or more below the ocean floor. Such device shall be installed in all oil and gas wells, including artificial lift wells, unless proof is provided to the Supervisor that such wells are incapable of any natural flow to the ocean floor. For shut-in wells capable of flowing oil or gas, a tubing plug may be installed, in lieu of a subsurface safety device, and such plug shall also be installed when required by the Supervisor.
(b) Subsurface safety devices shall be adjusted, installed, and maintained to insure reliable operation. When a subsurface safety device is removed from a well for repair or replacement, a standby subsurface safety device or tubing plug shall be available at the well location, and shall be immediately installed within the limits of practicability, consideration being given to time, equipment, and personnel safety. All wells in which subsurface safety device or tubing plug is installed shall have the tubing-casing annulus sealed below the valve or plug setting depth.
(c) Each subsurface safety device and tubing plug installed in a well shall be tested at intervals not exceeding one month and a report filed with the Division within five (5) days. Failures shall be reported to the Division immediately. The tests shall be performed in the presence of a Division inspector following installation or reinstallation and at 90-day intervals thereafter. The Supervisor may adjust the testing sequence based on equipment performance.
(d) The control system for the surface-controlled subsurface safety devices shall be an integral part of the shut-in system for the production facility.
(e) The operator shall maintain records, available at the structure or facility to any representative of the Division, showing the present status and history of each subsurface safety device or tubing plug, including dates and details of inspection, testing, repairing, adjustment, and reinstallation or replacement.
NOTE

Authority cited: Section 3106, Public Resources Code. Reference: Sections 3106 and 3219, Public Resources Code.
HISTORY

1. Amendment of subsection (c) filed 2-13-81 as procedural and organizational; effective upon filing (Register 81, No. 7).
2. Change without regulatory effect amending subsections (a), (c) and (e) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1747.1. Safety and Pollution Control Equipment Requirements.
History

The following requirements shall apply to all offshore production facilities. Sections 1747.3, 1747.4, and 1747.9 shall also apply to mobile drilling structures. Sections 1747.2 and 1747.10 shall also apply to ocean floor completions or wells with submerged wellheads. 
(a) The following devices shall be installed and maintained in an operating condition on all pressurized vessels and water separation facilities when such vessels and separation facilities are in service. The operator shall maintain records on the structure or facility showing the present status and history of each such device including dates and details of inspection, testing, repairing, adjustment, and reinstallation or replacement.
(1) All separators shall be equipped with high-low pressure shut-in sensors, low level shut-in controls, and a relief valve. High liquid level control devices shall be installed when the vessel can discharge to a gas vent line.
(2) All pressure surge tanks shall be equipped with a high and low pressure shut-in sensor, a high level shut-in control, gas vent line, and relief valve.
(3) Atmospheric surge tanks shall be equipped with a high level shut-in sensor.
(4) All other hydrocarbon handling pressure vessels shall be equipped with high-low pressure shut-in sensors, high-low level shut-in controls, and relief valves, unless they are determined by the Supervisor to be otherwise protected. All low pressure systems connected to high pressure systems shall be equipped with relief valves.
(5) Pilot-operated pressure relief valves shall be equipped to permit testing with an external pressure source. Spring-loaded pressure relief valves shall either be bench-tested or equipped to permit testing with an external pressure source. A relief valve shall be set no higher than the designed working pressure of the vessel. On all vessels with a rated or designed working pressure of more than 400 psi, the high pressure shut-in sensor shall be set no higher than 5 percent below the rated or designed working pressure and the low pressure shut-in sensor shall be set no lower than 10 percent below the lowest pressure in the operating pressure range. On lower pressure vessels the above percentages shall be used as

guidelines for sensor settings considering pressure and operating conditions involved, except that sensor setting shall not be within 5 psi of the rated or designed working pressure or the lowest pressure in the operating pressure range.
(6) All pressure-operated sensors shall be equipped to permit testing with an external pressure source.
(7) All gas vent lines shall be equipped with a scrubber or similar separation equipment.
HISTORY

1. Change without regulatory effect amending subsection (a)(4) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1747.2. Safety Devices.
History

The following devices shall be installed and maintained in an operating condition at all times when the affected well (or wells) is producing. The operator shall maintain records on the structure or facility showing the present status and history of each such device, including dates and details of inspection, testing, repairing, adjustment, and reinstallation or replacement.
(a) All wells shall have a fail shut-in capability. For pumping wells incapable of natural flow to the ocean floor, an approved power source shut-off system may be used. On all flowing or gas lift wells the wellhead assemblies shall be equipped with an automatic failclose valve.
(b) All flowlines from wellheads shall be equipped with high-low pressure sensors located close to the wellhead. The pressure sensors shall be set to shut-in the well in the event of abnormal pressures in the flowline.
(c) All headers shall be equipped with check valves on the individual flowlines. The flowline and valves from each well located upstream of, and including, the header valves shall withstand the shut-in pressure of that well, unless protected by a relief valve with connections to bypass the header. If there is an inlet valve to a separator, the valve, flowline, and all equipment upstream of the valve shall also withstand shut-in wellhead pressure, unless protected by a relief valve with connections to bypass the header.
(d) All pneumatic, hydraulic, and other shut-in control lines shall be equipped with fusible material at strategic points.
(e) Remote shut-in controls shall be located on the helicopter deck and all exit stairway landings leading to the helicopter deck and to all boat landings. These controls shall be quick-operating devices.
(f) All pressure sensors shall be operated and tested for proper pressure settings monthly. Results of all tests shall be recorded and maintained on the structure or facility.
(g) All automatic wellhead safety valves shall be tested for holding pressure monthly. Results of all tests shall be recorded and maintained on the structure or facility.
(h) Check valves shall be tested for holding pressure monthly for at least four months. At such time as the monthly results are satisfactory, a quarterly test shall be required. Results of all tests shall be recorded and maintained on the structure or facility.
(i) A standard procedure for testing of safety equipment shall be filed with the Division and posted in a prominent place on the structure or facility.
HISTORY

1. Change without regulatory effect amending subsection (i) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1747.3. Containment.
History

Curbs, gutters, and drains shall be constructed and maintained in good condition in all deck areas in a manner necessary to collect all contaminants, unless drip pans or equivalent are placed under equipment and piped to a sump which will automatically maintain the oil at a level sufficient to prevent discharge of oil into the ocean waters. Alternate methods to obtain the same results may be approved by the Supervisor. These systems shall not permit spilled oil to flow into the wellhead area of a platform or pier.
HISTORY

1. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1747.4. Emergency Power.

An auxiliary electrical power supply shall be installed to provide emergency power sufficient to operate all electrical equipment required to maintain safety of operation in the event the primary electrical power supply fails. The auxiliary system shall be tested weekly and the results recorded.
§1747.5. Fire Protection.
Note     •     History

A fire fighting system shall be installed and maintained in an operating condition in accordance with volumes 6 and 7 of the National Fire Codes, 1973, as appropriate, incorporated here by reference. A diagram of the fire fighting system, showing the location of all equipment, shall be filed with the Division and posted in a prominent place on the structure. The system shall be tested monthly by the operator and a report filed with the Division. Failure of any part of the system shall be reported to the Division immediately.
NOTE

Authority cited: Section 3106, Public Resources Code. Reference: Section 3106, Public Resources Code.
HISTORY

1. Amendment filed 2-13-81 as procedural and organizational; effective upon filing (Register 81, No. 7).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1747.6. Detection System.

An automatic gas detector and alarm system shall be installed and maintained in an operating condition in accordance with the following:
(a) Gas detection systems shall be installed in all enclosed areas containing gas handling facilities or equipment, and in other areas classified as hazardous and defined in API RP 500 B, 1973, and the National Electric Code, 1971, both incorporated here by reference.
(b) All gas detection systems shall be capable of continuous monitoring. The sensitivity shall be maintained at a level that will detect the presence of combustible gas within the areas in which the detection devices are located.
(c) The central control shall be capable of giving an alarm at not higher than 60 percent of the lower explosive limit.
(d) The central control shall automatically activate shut-in sequences and emergency equipment at a point not higher than 90 percent of the lower explosive limit.
§1747.7. Installation Application.
Note     •     History

An application for the installation and maintenance of any gas detection system shall be filed with the Division for approval and it shall include the following:
(a) Type, location, and number of detection or sampling heads.
(b) Cycling, non-cycling, and frequency information.
(c) Type and kind of alarm and emergency equipment to be activated.
(d) Method used for detection of combustible gas.
(e) Method and frequency of calibration.
(f) A diagram of the gas detection system.
(g) Other pertinent information.
NOTE

Authority cited: Section 3106, Public Resources Code. Reference: Section 3106, Public Resources Code.
HISTORY

1. Amendment filed 2-13-81 as procedural and organizational; effective upon filing (Register 81, No. 7).
2. Change without regulatory effect amending first paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1747.8. Diagram.
History

A diagram of the gas detection system showing the location of all gas detection points shall be filed with the Division and posted in a prominent place at the structure.
HISTORY

1. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1747.9. Electrical Equipment Installation.

All electrical equipment and systems shall be installed in accordance with the California Building Standards Electrical Code, 1971, the National Electric Code, 1971, and API RP 500 B, 1973, incorporated here by reference. On mobile drilling structures, certificated by the U. S. Coast Guard, this equipment shall be installed, protected, and maintained in accordance with the applicable provisions of CG-259, Electrical Engineering Regulations, 1971, incorporated here by reference.
§1747.10. Testing and Inspection.
Note     •     History

The safety and pollution control systems shall be tested and inspected every month and a report filed with the Division. Failures shall be reported to the Division immediately. A Division inspector shall witness the tests and inspect the systems at the time production is commenced and at 90-day intervals thereafter. The Supervisor may adjust the testing and inspection sequence based on equipment performance.
(a) After review by the Supervisor and with his or her written approval, existing production facilities that substantially comply with the intent of Sections 1747 through 1747.9 will be exempt from these regulations. However, any changes or additions to existing platforms will comply with these regulations.
(b) The Division shall be notified of all major production facility shutdowns anticipated to be in excess of 24-hour duration, whether intentional or otherwise.  When inspected by a Division inspector, a complete shutdown may be substituted for the next scheduled test of some or all of the safety systems.
NOTE

Authority cited: Section 3106, Public Resources Code. Reference: Section 3106, Public Resources Code.
HISTORY

1. Amendment filed 2-13-81 as procedural and organizational; effective upon filing (Register 81, No. 7).
2. Change without regulatory effect amending subsections (a) and (b) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1748. Waste Disposal and Injection Projects.

Disposal and injection projects are subject to the provisions of Section 1748.1 through 1748.3.
§1748.1. Waste Disposal.

All discharges into the ocean shall conform to the requirements of the appropriate Regional Water Quality Control Board.
§1748.2. Injection Projects.
Note     •     History

All subsurface injection projects require prior approval of this Division. An operator requesting approval to inject fluid into any subsurface strata must provide certain technical data regarding the project. This information must be submitted sufficiently in advance to enable the Division to evaluate fully the possible effects of the project upon any oil, gas, or fresh water reservoirs that may be present. The completeness and accuracy of the following data filed will have a bearing on this Division's decision to approve or disapprove the project.
(a) One or more geologic cross sections through the injection well at a scale that will clearly show the following:
(1) The injection well, or wells.
(2) A sufficient number of producing wells to show the geologic structure and stratigraphic relationship.
(3) Casing detail of all wells shown.
(4) The zone or zones to be injected into, other geologic units present, and the base of any fresh water aquifer.
(5) Location of any existing oil-water and oil-gas interfaces in or above the injection zone.
(6) The intervals of all geologic formations present.
(7) Fault block designations.
(b) A representative electric log from the surface to a depth below the producing zones (if not already shown on the cross section), identifying all geologic units, formations, oil or gas zones, and fresh water aquifers.
(c) Structural contour maps of markers at or near the top of each proposed injection zone showing the following:
(1) The location of the proposed injection well or wells, together with directional plots, bottom-hole locations, well status symbols, and zones open to production for all wells bottomed within the affected area.
(2) Reservoir characteristics such as pinchouts, permeability barriers and faults.
(3) Mineral lease boundary lines and fault block designations.
(4) Lines of cross sections.
(5) Lines showing original oil-water and oil-gas contacts.
(d) Letter containing engineering and geologic details of the project, in duplicate, including:
(1) Primary purpose.
(2) Reservoir characteristics of the injection zone; i.e., porosity, permeability, thickness (net and gross), present temperature and pressure, and present oil, gas, and water saturation.
(3) Casing diagrams, including cement plugs and cement fill behind casing, of all idle, plugged and abandoned, or deeper-zone producing wells within the area affected by the project.
(4) Source and analysis of the injection water and analysis of the water in the injection zone.
(5) Treatment of the water to be injected.
(6) Method of injection, i.e., through casing, tubing, tubing with packer, between strings.
(7) Maximum daily rate of injection, by well or wells.
(8) Maximum surface injection pressure anticipated (pump pressure).
(9) Precautions taken, or to be taken, to insure that the injected fluid is confined to the injection zone and to the area controlled by the operator.
(10) Protective methods used, if any, on injection lines and well(s), i.e., cathodic, etc.
(e) Copies of letters of notification sent to neighboring operators.
(f) Other data as required for large, unusual, or hazardous projects, for unusual or complex structures, for sensitive locations, etc. Examples: Isopach map, IsoGOR map, water-oil ratio map, IsoBAR maps, equipment diagrams, and safety precautions.
NOTE

Authority cited: Section 3013, Public Resources Code. Reference: Section 3301, Public Resources Code.
HISTORY

1. Amendment of subsections (c)-(c)(2), (c)(5) and Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
2. Change without regulatory effect amending subsection (d)(3) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending first paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1748.3. Injection Requirements.
History

(a) Appropriate forms furnished by the Division for proposal to drill or rework shall be completed and submitted to the Division for approval whenever a new well is to be drilled for use as an injection well, or whenever an existing well is to be converted to an injection well, even if no work is required.
(b) An injection report on a Division form shall be filed with this Division in duplicate on or before the tenth day of each month, for the preceding month.
(c) A chemical analysis of the fluid (or gas) to be injected shall be made and filed with this Division at least every two years, whenever the source of injection fluid is changed, or as requested. 
(d) An accurate, operating pressure gauge or chart shall be maintained at the wellhead at all times.
(e) Fluid injection profile surveys shall be required for all injection wells within one month after injection has commenced, at least once every year thereafter for all high-pressure or high-volume injection wells, after any significant anomalous rate or pressure change, or as requested by the Division, to confirm that the injection fluid is confined to the proper zone.
(f) Sufficient data shall be maintained to show performance of the project and to establish that no damage is occurring because of excessive injection pressure. These data shall be available for periodic inspection by personnel from this Division.
(g) Injection shall cease upon written notice from the Division if any evidence of damage is observed by the Division or in its opinion is occurring.
(h) Additional requirements or modification of the above requirements may be necessary to fit individual circumstances.
HISTORY

1. Change without regulatory effect amending subsection (a) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1749. Cooperative Agreements. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3106, Public Resources Code. Reference: Section 3301, Public Resources Code.
HISTORY

1. Repealer filed 2-13-81 as procedural and organizational; effective upon filing (Register 81, No. 7).
Subchapter 2. Environmental Protection
Article 1. General
§1750. Purpose.
Note     •     History

It is the purpose of this subchapter to set forth the rules and regulations governing the environmental protection program of the Division of Oil, Gas, and Geothermal Resources as provided for in Section 3106 of Division 3 of the Public Resources Code.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3000 through 3237, Public Resources Code.
HISTORY

1. New Subchapter 2 ( §§ 1750-1753, 1760, 1770-1780) of Chapter 4 filed 2-15-74; effective thirtieth day thereafter (Register 74, No. 7).
2. Amendment of NOTE filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
3. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1751. Policy. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code.
HISTORY

1. Repealer filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
§1752. Scope of Regulations. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code.
HISTORY

1. Repealer filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
§1753. Revision of Regulations. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code.
HISTORY

1. Repealer filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
Article 2. Definitions
§1760. Definitions.
Note     •     History

The following definitions are applicable to this subchapter:
(a) “Alteration” of a production facility means any action that changes by more than ten percent the total processing capacity, or storage volume of the production facilities within a given secondary containment. “Alteration” does not include activities such as maintenance, replacement, or minor modification of production facilities, or installation of temporary production facilities.
(b) “Catch basin” means a dry sump that is constructed to protect against unplanned overflow conditions.
(c) “Decommission” means to safely dismantle and remove a production facility and to restore the site where it was located in accordance with Sections 1775 and 1776(f).
(d) “Designated waterways” means any named perennial or ephemeral waterways or any perennial waterways shown as solid blue lines on United States Geological Survey topographic maps and any ephemeral waterways that the Supervisor determines to have a direct impact on perennial waterways.
(e) “Environmentally sensitive” means any of the following:
(1) A production facility within 300 feet of any public recreational area, or a building intended for human occupancy that is not necessary to the operation of the production operation, such as residences, schools, hospitals, and businesses.
(2) A production facility within 200 feet of any officially recognized wildlife preserve or environmentally sensitive habitat that is designated on a United States Geological Survey topographic map, designated waterways, or other surface waters such as lakes, reservoirs, rivers, canals, creeks, or other water bodies that contain water throughout the year.
(3) A production facility within the coastal zone as defined in Section 30103(b) of the Public Resources Code.
(4) Any production facility which the Supervisor determines may be a significant potential threat to life, health, property, or natural resources in the event of a leak, or that has a history of chronic leaks.
(f) “Field” means the general surface area that is underlain or reasonably appears to be underlain by an underground accumulation of crude oil or natural gas, or both. The surface area is delineated by the administrative boundaries shown on maps maintained by the Supervisor.
(g) “Flowline” or “injection line” mean any pipeline that connects a well with a gathering line or header. 
(h) “Gathering line” means a pipeline (independent of size) that transports liquid hydrocarbons between any of the following: multiple wells, a testing facility, a treating and production facility, a storage facility, or a custody transfer facility.
(i) “Header” means a chamber from which fluid is distributed to or from smaller pipelines.
(j) “Pipeline” means a tube, usually cylindrical, with a cross sectional area greater than 0.8 square inches (1 inch nominal diameter), through which crude oil, liquid hydrocarbons, combustible gases, and/or produced water flows from one point to another within the administrative boundaries of an oil or gas field. Pipelines under the State Fire Marshal jurisdiction, as specified by the Elder Pipeline Safety Act of 1981 (commencing with § 51010 of the Government Code, and the regulations promulgated thereunder) are exempt from this definition.
(k) “Production facility” means any equipment attendant to oil and gas production or injection operations including, but not limited to, tanks, flowlines, headers, gathering lines, wellheads, heater treaters, pumps, valves, compressors, injection equipment, production safety systems, separators, manifolds, and pipelines that are not under the jurisdiction of the State Fire Marshal pursuant to Section 51010 of the Government Code, excluding fire suppressant equipment.
(l) “Out-of-Service” means any production facility that has become incapable of containing fluid safely or cannot be shown to operate as designed. 
(m) “In-Service” means any production facility that is capable of containing fluid safely and can be shown to operate as designed.
(n) “Secondary containment” means an engineered impoundment, such as a catch basin, which can include natural topographic features, that is designed to capture fluid released from a production facility.
(o) “Sump” means an open pit or excavation serving as a receptacle for collecting and/or storing fluids such as mud, hydrocarbons, or waste waters attendant to oil or gas field drilling or producing operations.
(1) “Drilling Sump” means a sump used in conjunction with well drilling operations.
(2) “Evaporation sump” means a sump containing fresh or saline water which can properly be used to store such waters for evaporation.
(3) “Operations sump” means a sump used in conjunction with an abandonment or rework operation.
(p) “Urban area” means a cohesive area of at least twenty-five business establishments, residences, or combination thereof, the perimeter of which is 300 feet beyond the outer limits of the outermost structures.
(q) “Urban pipeline” means that portion of any pipeline within an urban area as defined in this section.
(r) “Waste water” means produced water that after being separated from the produced oil may be of such quality that discharge requirements need to be set by a California Regional Water Quality Control Board.
NOTE

Authority cited: Sections 3013, 3270 and 3782, Public Resources Code. Reference: Sections 3106, 3010, 3270 and 3782, Public Resources Code.
HISTORY

1. Amendment filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
2. Amendment of subsection (f) and Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
3. New subsections (b), (d)-(f), (h) and (k) and subsection relettering filed 7-22-98; operative 8-21-98 (Register 98, No. 30).
4. Change without regulatory effect amending subsection (a) filed 2-16-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 7).
5. Change without regulatory effect amending subsections (b) and (d)(4) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
6. Amendment of section and Note filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
Article 3. Requirements
§1770. Oilfield Sumps.
Note     •     History

(a) Location. Sumps for the collection of waste water or oil shall not be permitted in natural drainage channels. Contingency catch basins may be permitted, but they shall be evacuated and cleaned after any spill. Unlined evaporation sumps, if they contain harmful waters, shall not be located where they may be in communication with freshwater-bearing aquifers.
(b) Construction. Sumps shall be designed, constructed, and maintained so as to not be a hazard to people, livestock, or wildlife including birdlife.
(1) To protect people, sumps in urban areas shall be enclosed in accordance with Section 1778 (a) or (e) and (c).
(2) In non-urban areas, to protect people and livestock and to deter wildlife, an enclosure shall be constructed around sumps in accordance with Section 1778 (b) or (e).
(3) Any sump, except an operations or drilling sump, which contains oil or a mixture of oil and water shall be covered with screening to restrain entry of wildlife in accordance with Section 1778(d).
(4) A sump need not be individually fenced if the property or the production facilities of which the sump is a part is enclosed by proper perimeter fencing.
(c) Drilling Sumps. All free fluids shall be removed from drilling sumps within 30 days after the date the drill rig is disconnected from the well. 
(d) Operations Sumps. All free fluids shall be removed from operations sumps within 14 days after the rig removal or from completion of operations, whichever occurs first. 
NOTE

Authority cited: Sections 3013, 3106, 3270 and 3782, Public Resources Code. Reference: Sections 3106, 3270 and 3783, Public Resources Code.
HISTORY

1. Amendment filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
2. Amendment of subsection (b)(3), new subsections (c)-(d) and amendment of Note filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1770.1. Oil Sumps of Immediate Danger to Wildlife. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3782, Public Resources Code.
HISTORY

1. New Sections 1770.1-1770.5 filed 8-5-74; effective thirtieth day thereafter (Register 74, No. 32).
2. Repealer filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
§1770.2. Oil Sumps Hazardous to Wildlife. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3782, Public Resources Code.
HISTORY

1. Repealer filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
§1770.3. Compliance. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3782, Public Resources Code.
HISTORY

1. Repealer filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
§1770.4. Appeal. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3782, Public Resources Code.
HISTORY

1. Repealer filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
§1770.5. Injunction. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3782, Public Resources Code.
HISTORY

1. Repealer filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
§1771. Channels.
Note     •     History

Open unlined channels and ditches shall not be used to transport waste water which is harmful to underlying freshwater deposits. Oil or water containing oil shall not be transported in open unlined channels or ditches unless provisions are made so that they are not a hazard as determined by the Supervisor.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Section 3106, Public Resources Code.
HISTORY

1. New Note filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1772. Program to Eliminate Improper Sumps. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3782, Public Resources Code.
HISTORY

1. Repealer filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
§1773. Production Facilities Containment, Maintenance, and Testing.
Note     •     History

Production facilities shall adhere to the containment, construction, maintenance, inspection, testing, decommissioning, reactivation, and reporting requirements outlined in Sections 1773.1 through 1773.5.
NOTE

Authority cited: Sections 3013 and 3270, Public Resources Code. Reference: Sections 3106 and 3270, Public Resources Code.
HISTORY

1. Amendment of subsection (c) filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
2. Amendment of section and Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
3. Change without regulatory effect amending subsections (a)(1)-(3) designators filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
4. Repealer and new section heading and section and amendment of Note filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1773.1. Production Facility Secondary Containment.
Note     •     History

(a) All production facilities storing and/or processing fluids, except valves, headers, manifolds, pumps, compressors, wellheads, pipelines, flowlines and gathering lines shall have secondary containment.
(b) Secondary containment shall be capable of containing the equivalent volume of liquids from the single piece of equipment with the largest gross capacity within the secondary containment.
(c) Secondary containment shall be capable of confining liquid for a minimum of 72 hours.
(d) When not in use for rain water management, rain water valves on a secondary containment shall be closed and secured to prevent unauthorized use. 
(e) All damage to secondary containment shall be repaired immediately.
(f) The requirements of this section are not applicable until six months after the effective date of this regulation. 
NOTE

Authority cited: Sections 3013 and 3270, Public Resources Code. Reference: Sections 3106 and 3270, Public Resources Code.
HISTORY

1. New section filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1773.2. Tank Construction and Leak Detection.
Note     •     History

(a) All new tanks shall be constructed and designed to provide enough space between tanks to allow safe access for maintenance, inspection, testing, and repair.
(b) Foundations for new tanks shall be designed to support the tank, maintain the tank level, and drain fluid away from the tank, including fluids that may leak from the tank. The sub-base of the foundation shall include an impermeable barrier designed to prevent downward fluid migration and to allow leaks to drain away from the tank and be detected by visual inspection or through the use of a leak detection sensor, as each particular instance may require. The foundation base shall be made of material that provides for support and drainage away from the tank. 
(c) When a tank bottom is replaced, a leak detection system shall be installed and properly maintained that will either:
(1) Channel any leak beneath the tank to a location where it can be readily observed from the outside perimeter of the tank, or
(2) Accurately detect any tank bottom leak through the use of sensors.
(d) The Supervisor or district deputy may require a tank bottom leak detection system for any tank with a foundation that does not have an impermeable barrier after considering such factors as the age of the tank, fluid service, and proximity to groundwater.
NOTE

Authority cited: Sections 3013 and 3270, Public Resources Code. Reference: Sections 3106, 3224 and 3270, Public Resources Code.
HISTORY

1. New section filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1773.3. Tank Maintenance and Inspections.
Note     •     History

(a) All tanks shall be properly identified with the operator's tank identification number, tank type (production, stock, water, etc.), and with appropriate materials hazard placards or labels. 
(b) Operators shall inspect in-service tanks at least once a month for the following:
(1) Leakage at the base, seams, associated piping, tank shell plugs, or any other fitting that could leak.
(2) The presence of corrosion or shell distortions.
(3) The general condition of the foundation, including any signs of settling or erosion that may undermine the foundation.
(4) The condition of paint coatings, insulation systems and tank grounding system components, if present.
(c) Leaking tanks shall be reported to the appropriate Division district office within 48 hours and shall be taken out of service and designated as an Out-of-Service tank.
(d) Wooden plugs or screw-in plugs shall not be used for permanent repair.
NOTE

Authority cited: Sections 3013 and 3270, Public Resources Code. Reference: Sections 3106, 3224 and 3270, Public Resources Code.
HISTORY

1. New section filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1773.4. Tank Testing and Minimum Wall Thickness Requirements.
Note     •     History

(a) Tank wall thickness testing shall be conducted on in-service tanks at intervals not to exceed the following: 
(1) If the corrosion rate of the tank is not known, at least once every five years.
(2) If the corrosion rate of the tank is known, an interval determined from corrosion rate calculations approved by the Supervisor, but not to exceed once every 15 years.
(3) Tank wall thickness testing shall be conducted within two years of the effective date of this regulation for tanks that have not had testing within the required interval.
(b) Insulated tanks shall have insulation removed to the extent necessary to determine the thickness of the tank walls or roof.
(c) The minimum thickness for a tank shell shall be 0.06 inch.
(d) In-service tanks shall be internally inspected and tested to determine bottom plate thickness no less than once every 20 years. In-service tanks that have not been internally inspected within the 20 years preceding the effective date of this section must be internally inspected within two years after the effective date of this section. A tank is exempt from this requirement if:
(1) The tank is not an environmentally sensitive tank, it is not in an urban area, and it is not located above subsurface freshwater; or
(2) The tank has a foundation that is designed and constructed in accordance with the requirements of Section 1773.2(b); or
(3) The tank has a properly installed, operating and maintained leak detection system as specified in Section 1773.2(c). 
(e) The minimum bottom plate thickness shall meet the following criteria: 
(1) 0.10 inch for tank bottom/foundation design with no means of detection and containment of a bottom leak;
(2) 0.05 inch for tank bottom/foundation design with adequate leak detection and containment of a bottom leak;
(3) 0.05 inch in conjunction with a reinforced tank bottom lining, greater than 0.05 inch thick.
(f) The Supervisor or district deputy may require that a tank that has had a leak resulting in the release of a reportable quantity be tested to verify integrity prior to being put back into service.
(g) A tank that is not repaired within 60 days of failing an inspection or test required by this section shall be taken out of service and designated as an Out-of-Service tank. The Supervisor or district deputy may grant one extension of up to 120 days if the operator shows to the satisfaction of the Supervisor or district deputy that there is no significant threat as a result of the extension.
(h) Tanks that are not susceptible to corrosion, such as non-metal tanks and tanks with liners, are not subject to the requirement of this section but shall be inspected and tested according to the manufacturer's specifications or as requested by the Supervisor or district deputy.
(i) An operator may petition the Supervisor to allow a minimum tank wall or tanks bottom thicknesses that is lower than what is required in subdivisions (c) and (e) of this section. The Supervisor may grant such a petition if he or she is satisfied that based on the design and use of the tank a lower minimum thickness will ensure that the tank will operate as designed and will be capable of safely containing fluid.
NOTE

Authority cited: Sections 3013 and 3270, Public Resources Code. Reference: Sections 3106 and 3270, Public Resources Code.
HISTORY

1. New section filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1773.5. Out-of-Service Production Facility Requirements.
Note     •     History

(a) Within six months after the determination that a production facility is Out-of-Service, the following shall be required:
(1) Out-of-Service production facilities shall have fluids, sludge, hydrocarbons, and solids removed and shall be disconnected from any pipelines and other in-service equipment. 
(2) Out-of-Service production facilities shall be properly degassed in accordance with local air district requirements.
(3) Clean-out doors or hatches on Out-of-Service tanks shall be removed and a heavy gauge steel mesh grating (less than 1” spacing) shall be secured over the opening to allow for visual inspection and prevent unauthorized access.
(4) Out-of-Service tanks and vessels shall be labeled with Out-of-Service or OOS. “Out-of-Service” or “OOS” shall be painted in bold letters at least one foot high, if possible, on the side of the tank or vessel at least five feet from the ground surface, or as high as possible, along with the date it was taken out of service.
(5) Out-of-Service production facilities shall have valves and fittings removed or secured to prevent unauthorized use.
(6) Pipelines associated with Out-of-Service tanks and pressure vessels shall be removed or flushed, filled with an inert fluid, and blinded.
(b) Out-of-Service production facilities shall not be reactivated unless all needed repairs have been completed and the production facility is in compliance with all applicable testing and inspection requirements.
NOTE

Authority cited: Sections 3013 and 3270, Public Resources Code. Reference: Sections 3106 and 3270, Public Resources Code.
HISTORY

1. New section filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1774. Pipeline Construction and Maintenance.
Note     •     History

Newly installed pipelines shall be designed, constructed, and all pipelines shall be tested, operated, and maintained in accordance with good oil field practice and applicable standards, as set forth in either the American Petroleum Institute (API) (API Rec. Prac. 1110, 3rd Ed., Dec. 1991, and API Spec. effective 1990), American Society for Testing and Materials (ASTM) (ASTM Designation Stand. Spec., 1991), or Code of Federal Regulations 49, Part 192, or other methods approved by the Supervisor. The Supervisor may require design or construction modifications, and/or additional testing and maintenance if he or she determines that good oil field practices and applicable standards have not been used.
Good oilfield practice includes, but is not limited to:
(a) Utilization of preventative methods such as cathodic protection and corrosion inhibitors, as appropriate, to minimize external and internal corrosion.
(b) Utilization of pipeline coating or external wrapping for new or replaced buried or partially buried pipelines to minimize external corrosion. The coating or external wrapping should have a high electrical resistance, be an effective moisture barrier, have good adhesion to the pipe, and be able to resist damage during handling.
(c) Employment, where practical, of equipment such as low-pressure alarms and safety shut-down devices to minimize spill volume in the event of a leak.
(d) If feasible, locating above ground, preferably on supports or racks,  any new pipelines or parts of a pipeline system that are being relocated or replaced.
NOTE

Authority cited: Sections 3013 and 3270, Public Resources Code. Reference: Sections 3106, 3224 and 3270, Public Resources Code.
HISTORY

1. Amendment filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
2. Amendment of subsection (b), new subsections (c)-(d), and amendment of newly designated subsections (e)-(f) and Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
3. Change without regulatory effect amending subsection (d) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
4. Amendment filed 7-22-98; operative 8-21-98 (Register 98, No. 30).
5. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
6. Amendment of section heading, section and Note filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1774.1. Pipeline Inspection and Testing.
Note     •     History

(a) Operators shall visually inspect all aboveground pipelines for leaks and corrosion at least once a year.
(b) The Supervisor may order such tests or inspections deemed necessary to establish the reliability of any pipeline system. Repair, replacement, or cathodic protection may be required.
(c) Any pipeline that has had a leak resulting in the release of a reportable quantity shall be pressure tested to verify integrity prior to being placed back into service.
(d) Pipe clamps, wooden plugs or screw-in plugs shall not be used for permanent repair of pipeline leaks.
(e) A mechanical integrity test shall be performed on all active environmentally sensitive pipelines that are gathering lines, and all urban pipelines over 4” in diameter, every two years. Pipelines less than 10 years old are exempt from the two year testing requirement. These tests shall be performed to ensure the pipeline integrity by using at least one of the following methods:
(1) Nondestructive testing using ultrasonic or other techniques approved by the Supervisor, to determine wall thickness.
(2) Hydrostatic testing using the guidelines recommended in Publication API RP 1110 (3d Ed., Dec. 1991), Testing of Liquid Petroleum Pipelines, or the method approved by the State Fire Marshal, Pipeline Safety and Enforcement Division.
(3) Internal inspection devices such as a smart pig, as approved by the Supervisor.
(4) Or any other method of ensuring the integrity of a pipeline that is approved by the Supervisor.
Copies of test results shall be maintained in a local office of the operator for five years and made available to the Division, upon request. The operator shall repair and retest or remove from service any pipeline that fails the mechanical integrity test. The Division shall be promptly notified in writing by the operator of any pipeline taken out of service due to a test failure.
(f) A county board of Supervisors, a city council, or another state agency may petition the Supervisor to include other pipelines within their jurisdiction as environmentally sensitive. The request must be in writing and based on findings of a competent, professional evaluation that shows there is a probability of significant public danger or environmental damage if a leak were to occur.
(1) Within 30 days of receipt of a petition, the Supervisor shall notify any affected operator.
(2) Within 60 days of notification to the operators, the Supervisor shall schedule a hearing with the petitioner and operators to allow all parties to be heard. 
(3) Within 30 days after the conclusion of the hearing, the Supervisor shall make a determination as to whether the areas or pipelines should be considered environmentally sensitive. 
NOTE

Authority cited: Sections 3013 and 3270, Public Resources Code. Reference: Sections 3106 and 3270, Public Resources Code.
HISTORY

1. New section filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1774.2. Pipeline Management Plans.
Note     •     History

(a) Operators shall prepare a pipeline management plan for all pipelines within two years of the effective date of this regulation. The plan shall be provided to the Supervisor upon request. The plan shall be updated within 90 days whenever pipelines are acquired, installed, altered, or at the request of the Supervisor. Pipelines that have been abandoned to the standards specified in Section 1776(f) are exempt from this requirement.
(b) The pipeline management plan shall include the following:
(1) A listing of information on each pipeline including, but not limited to: pipeline type, grade, actual or estimated installation date of pipeline, design and operating pressures, and any available leak, repair, inspection and testing history. 
(2) A description of the testing method and schedule for all pipelines.
(c) The Supervisor may establish additional requirements or modifications to a pipeline management plan, based on individual circumstances, to ensure life, health, property, and natural resources are protected adequately.
(d) A plan prepared pursuant to California Code of Regulations Title 8, Section 6533 may fulfill the requirements of this section if the plan is determined to be adequate by the appropriate Division district deputy.
NOTE

Authority cited: Sections 3013 and 3270, Public Resources Code. Reference: Sections 3106 and 3270, Public Resources Code.
HISTORY

1. New section filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1775. Oilfield Wastes and Refuse.
Note     •     History

(a) Oilfield wastes, including but not limited to oil, water, chemicals, mud, and cement, shall be disposed of in such a manner as not to cause damage to life, health, property, freshwater aquifers or surface waters, or natural resources, or be a menace to public safety. Disposal sites for oilfield wastes shall also conform to State Water Resources Control Board and appropriate California Regional Water Quality Control Board regulations.
(b) Dumping harmful chemicals where subsequent meteoric waters might wash significant quantities into freshwaters shall be prohibited. Drilling mud shall not be permanently disposed of into open pits. Cement slurry or dry cement shall not be disposed of on the surface.
(c) Unused equipment and scrap attendant to oilfield operations shall be removed from a production or injection operations area and/or stored in such a manner as to not cause damage to life, health, or property, or become a public nuisance or a menace to public safety. Trash and other waste materials attendant to oilfield operations shall be removed and disposed of properly.
NOTE

Authority cited: Section 3013,  Public Resources Code. Reference: Section 3106, Public Resources Code.
HISTORY

1. Amendment filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
2. Amendment of subsection (c) and Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
§1776. Well Site and Lease Restoration.
Note     •     History

(a) In conjunction with well plugging and abandonment operations, any auxiliary holes, such as rat holes, shall be filled with earth and compacted properly; all construction materials, cellars, production pads, and piers shall be removed and the resulting excavations filled with earth and compacted properly to prevent settling; well locations shall be graded and cleared of equipment, trash, or other waste materials, and returned to as near a natural state as practicable. Well site restoration must be completed within 60 days following plugging and abandonment of the well.
(b) Sumps shall be closed in accordance with Regional Water Quality Control Board and Department of Toxic Substances Control requirements.
(c) Unstable slope conditions created during site preparation shall be mitigated in such a manner as to prevent slope collapse. 
(d) Access roads to well locations generally will not be covered by these regulations; however, any condition that creates a hazard to public safety or property or causes interference with natural drainage will not be acceptable.
(e) Prior to the plugging and abandonment of the last well or group of wells on a lease, the operator shall submit a plan and schedule for completing lease restoration. The lease-restoration plan shall also include the locations of any existing or previously removed, where known, sumps, tanks, pipelines, and facility settings. Lease restoration must begin within three (3) months and be completed within one year after the plugging and abandonment of the last well(s) on the lease. However, the Supervisor may require or approve a different deadline for lease restoration.
(f) Lease restoration shall include the removal of all tanks, above-ground pipelines, debris, and other facilities and equipment. Remaining buried pipelines shall be purged of oil and filled with an inert fluid. Toxic or hazardous materials shall be removed and disposed of in accordance with Department of Toxic Substances Control requirements.
(g) Upon written request of the operator or property owner, exceptions to this section may be made provided the condition does not create a public nuisance or a hazard to public safety. Exceptions may also be granted by the Supervisor when these requirements conflict with local or federal regulations. If a written request for an exception is received from the operator, consent to the exception from the property owner may be required before it is approved by the Supervisor.
NOTE

Authority cited: Section 3013, Public Resources Code. Reference: Sections 3106 and 3208, Public Resources Code.
HISTORY

1. Amendment filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Amendment filed 6-30-80; effective thirtieth day thereafter (Register 80, No. 27).
3. Amendment filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
4. Amendment of subsections (a)-(c), new subsections (e)-(f) and amendment of newly designated subsection (g) and Note filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
5. Change without regulatory effect amending subsection (e) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
6. Change without regulatory effect amending subsections (e) and (g) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1777. Maintenance and Monitoring of Production Facilities, Safety Systems, and Equipment.
Note     •     History

(a) Operators shall maintain production facilities in good condition and in a manner to prevent leakage or corrosion and to safeguard life, health, property, and natural resources. 
(b) Operators shall establish and comply with a written preventative maintenance program plan for prevention of corrosion and leakage and shall maintain documentation of steps taken to follow the plan. Such a preventative maintenance plan shall include, but not be limited to, the following factors:
(1) The level of usage and wear to which the production facilities are exposed.
(2) The age of the production facilities.
(3) Climate conditions where the production facilities are located.
(4) Industry standards for maintenance and corrosion prevention.
(5) Maintenance recommendations or guidelines from the manufacturers of the production facilities. 
(c) Maintenance of production facilities shall include, but not be limited to the following:
(1) Operators shall conduct external visual inspections at least once a month of aboveground production facilities, excluding pipelines, for leaks and corrosion. Facilities that are not operating properly or are leaking shall be repaired or replaced.
(2) Weeds and debris shall be removed from secondary containment areas or catch basins, and the integrity of all berms shall be inspected monthly. Fluids, including rainwater, shall be removed.
(3) Well cellars shall be covered and kept drained. Grating or flooring shall be installed and maintained in good condition so as to exclude people and animals. Cellars should be protected from as much runoff water as practical.
(4) Injection lines shall be disconnected from injection wells unless there is current approval from the Division for injection of fluid.
(d) All equipment and facilities in urban areas shall be enclosed individually or with perimeter fencing in accordance with Section 1778(a) or Section 1778(e) where it is necessary to protect life and property. Enclosures in nonurban areas shall be constructed in accordance with Section 1778(a) or Section 1778(b) where necessary to protect life and property.
(e) The Supervisor may order the operator to inspect and test safety systems and equipment associated with consolidated production facilities. The frequency of the inspection and testing may be based on the manufacturer's recommendation.
(f) Vehicle access routes to all production facilities must be maintained in a safe and passable condition.
NOTE

Authority cited: Sections 3013 and 3270, Public Resources Code. Reference: Sections 3106, 3224 and 3270, Public Resources Code.
HISTORY

1. New section filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53). For prior history, see Register 82, No. 43.
§1777.1. Production Facility Inspection Frequency.
Note     •     History

(a) The Supervisor may order an operator to conduct inspections required under Sections 1773.3(b), 1774.1(a) or 1777(c)(1) more frequently if the operator:
(1) Has failed to comply with an order of the Supervisor;
(2) Has a history of leakage or spills at a specific well or production facility; or
(3) Has a history of noncompliance with Public Resources Code, Division 3, Chapter 1 and the regulations promulgated thereunder.
(b) Every two years after the effective date of an order issued under this section, the Supervisor shall review the operator's history of compliance, leaks and spills to determine whether the order should be rescinded.
NOTE

Authority cited: Sections 3013 and 3270, Public Resources Code. Reference: Sections 3106, 3224 and 3270, Public Resources Code.
HISTORY

1. New section filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1777.2. Production Facility Reporting Requirements.
Note     •     History

(a) Any operator acquiring the right to operate a facility shall notify the local district office in writing within 30 days after finalizing the sale or transfer with the following information:
(1) The facility location;
(2) A unique alphanumeric tank identification number designated by the operator consisting of 10 characters or less;
(3) The date the transaction became effective; and 
(4) The facility lease name.
(b) Operators shall notify the local district office within 60 days after completing new construction, alteration, or decommissioning of a production facility, or reactivating an Out-of-Service tank . This notification report shall describe the activities and reference the production facilities that have been added, altered or decommissioned.
(c) Operators shall notify the local district office two days or more prior to conducting required tank or pipeline testing specified in Sections 1773.4 or 1774.1.
NOTE

Authority cited: Sections 3013 and 3270, Public Resources Code. Reference: Sections 3106, 3202 and 3270, Public Resources Code.
HISTORY

1. New section filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1777.3. Production Facility Documentation Retention Requirements.
Note     •     History

(a) Operators shall maintain records of construction, installation, maintenance and repair operations, tests, and inspections and shall retain the documentation as follows:
(1) For construction, installation and major repairs, documentation shall be retained for the life of the production facility.
(2) For routine maintenance and minor repairs, documentation shall be retained for five years.
(3) For required inspections and tests, documentation shall be retained for five years or for the last two times that the inspection or test has been performed, whichever is longer.
(b) Documentation shall include, but is not limited to:
(1) Name, type, and location of the production facility;
(2) Description of the construction, repair, maintenance, test, or inspection performed;
(3) Date(s) of the activity;
(4) Personnel that performed the construction, repair, maintenance, test, or inspection and their qualifications. 
(c) Documentation shall be available for review by the Supervisor or his or her representative and maintained at the operator's local office at all times during regular business hours. If the operator does not have a local office, copies of the documentation shall be sent to the local Division district office upon request.
NOTE

Authority cited: Sections 3013 and 3270, Public Resources Code. Reference: Sections 3106, and 3270, Public Resources Code.
HISTORY

1. New section filed 12-30-2010; operative 1-29-2011 (Register 2010, No. 53).
§1778. Enclosure Specifications.
Note     •     History

(a) Chain link fences. All chain link fences shall be constructed to meet the following specifications:
(1) Fences shall be not less than 5 feet high and mounted on 1 1/4” diameter steel posts with at least three strands of barbed wire mounted at a 45-degree angle from the top of the fence.
(2) The fence shall be constructed of chain link or other industrial-type fencing of not less than 11-gauge wire and of not greater than 2-inch nominal mesh.
(3) Supporting posts shall be securely anchored to the surface, spaced no more than 14 feet apart. Provisions for removable posts may be approved provided that the anchoring device is an integral part of the fence.
(4) Tension wires of at least No. 9 gauge coil spring wire, or equivalent, shall be stretched at the top and bottom of the fence fabric and shall be fastened to the fabric at 24-inch intervals. There shall be no aperture below the fence large enough to permit any child to crawl under.
(b) Wire fences. All wire fences shall be constructed to meet the following specifications:
(1) There shall be either: (1) four strands of barbed wire spaced 12 inches between strands and maintained with sufficient tension to preclude sagging; or (2) commercial livestock wire netting with a minimum height of 4 feet and sufficient tension.
(2) Posts may be of any material of sufficient strength and rigidity to support the wire and restrain people or livestock from pushing them over. Posts shall be set no more than 10 feet apart and buried at least 12 inches into the ground.
(c) Gates. Gates shall be of a structure substantially the same as the required fences and shall be kept secured when not attended by an adult.
(d) Screening. All screening to cover sumps shall meet the following specifications:
(1) Be not greater than 2-inch nominal mesh.
(2) Be of sufficient strength to restrain entry of wildlife.
(3) Be supported in such a manner so as to prevent contact with the sump fluid.
(e) Other Types of Materials. Any material that can be used effectively to restrict access may be substituted for the materials indicated in (a), (b), (c), and (d), if approved by the Supervisor.
NOTE

Authority cited: Sections 3013, 3106 and 3782, Public Resources Code. Reference: Sections 3106 and 3781, Public Resources Code.
HISTORY

1. Amendment filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Amendment filed 6-19-78; effective thirtieth day thereafter (Register 78, No. 25).
3. Amendment filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
4. Change without regulatory effect amending subsection (e) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1779. Special Requirements.
Note     •     History

The Supervisor in individual cases may set forth other requirements where justified or called for.
NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3106, 3226 and 3787, Public Resources Code.
HISTORY

1. New NOTE filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1780. Other Regulatory Agencies. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 3013 and 3106, Public Resources Code.
HISTORY

1. Repealer filed 10-21-82; effective thirtieth day thereafter (Register 82, No. 43).
Subchapter 2.1. Methane Gas Hazards Reduction Assistance
§1790. Purpose.
Note     •     History

This subchapter specifies the criteria and procedures to be followed by the Department of Conservation in administering the Methane Gas Hazards Reduction Program for Eligible Jurisdictions under Section 3860 of the Public Resources Code.
NOTE

Authority cited: Section 3863, Public Resources Code. Reference: Sections 3860 and 3863, Public Resources Code.
HISTORY

1. New section filed 8-4-88 as an emergency; operative 8-4-88 (Register 88, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-2-88.
2. Certificate of Compliance transmitted to OAL 11-10-88 and filed 12-1-88 (Register 88, No. 52).
§1791. Definitions.
Note     •     History

(a) “CEQA” means the California Environmental Quality Act.
(b) “Department” in reference to the government of this State, means the Department of Conservation in the Resources Agency.
(c) “Director” means the Director of Conservation.
(d) “Eligible Activity” means any one of the four purposes listed in Section 3860 of the Public Resources Code.
(e) “Eligible Jurisdiction” per Section 3855(b) of the Public Resources Code means counties and cities identified as having methane gas hazards in the study conducted by the State Oil and Gas Supervisor pursuant to Article 4.1 (commencing with Section 3240) of the Public Resources Code.
(f) “Final Application” means the application that is filed after the Department has approved a preapplication and has notified the eligible jurisdiction of its grant award.
(g) “Notice of Intent to File” means a brief project description and an estimate of the anticipated project expenditures to be covered by a grant award. This notice will be used by the Director to determine the number of jurisdictions that plan to request a grant award and the equitable amount of grant monies that ultimately may be applied for by each eligible jurisdiction.
(h) “Methane Gas Hazards” per Section 3855(a) of the Public Resources Code means collections of biogenic or thermogenic gases identified as hazards in the study conducted by the State Oil and Gas Supervisor pursuant to Article 4.1 (commencing with Section 3240) of the Public Resources Code.
(i) “Mitigation Project” is an eligible activity that identifies the potential adverse impact of accumulations of methane gas and implements measures to reduce or eliminate those impacts.
(j) “Preapplication” means a report that contains a detailed project preapplication as described in Section 1793(e) of this chapter. This preapplication will be used by the Director to evaluate project proposals.
NOTE

Authority cited: Section 3863, Public Resources Code. Reference: Sections 3240, 3855, 3860 and 3863, Public Resources Code.
HISTORY

1. New section filed 8-4-88 as an emergency; operative 8-4-88 (Register 88, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-2-88.
2. Certificate of Compliance transmitted to OAL 11-10-88 and filed 12-1-88 (Register 88, No. 52).
§1792. Amount of Financial Assistance Available.
Note     •     History

(a) The Department shall distribute approximately three hundred and fifty thousand dollars ($350,000) in the 1988-89 fiscal year as grant awards for planning, equipment purchases, installation, and other measures related to the mitigation of methane gas hazards. Ongoing maintenance and monitoring activities of eligible jurisdictions shall not be financed by grants pursuant to this chapter.
(b) The amount of the initial grant monies available for each eligible jurisdiction shall be determined by the Director, following a review of the notices of intent to file grant applications. Within 15 days following the receipt of all notices, the Director will notify each jurisdiction of the approximate amount available for their proposed activity.
(c) Any funds distributed after the initial award shall be based upon the availability of remaining funds and a demonstration of the need for additional funds to augment an initial award, or to begin a new eligible activity.
NOTE

Authority cited: Section 3863, Public Resources Code. Reference: Sections 3860, 3863 and 3865, Public Resources Code; and 1987 Statutes, Chapter 1322, Section 4.
HISTORY

1. New section filed 8-4-88 as an emergency; operative 8-4-88 (Register 88, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-2-88.
2. Certificate of Compliance transmitted to OAL 11-10-88 and filed 12-1-88 (Register 88, No. 52).
§1793. Application and Award Procedures.
Note     •     History

(a) Within 15 days of the effective date of this subchapter, the Department shall notify jurisdictions of their eligibility to apply for grants. A notice of intent to file an application for a grant shall then be submitted by a jurisdiction to the Director no later than 30 days after notification of eligibility by the Department. The notice of intent to file should include a brief project description and an estimate of the anticipated expenditures to be covered by a grant award.
(b) Per Section 3861 of the Public Resources Code, eligible jurisdictions must provide opportunity for public review and comment, and shall hold at least one public hearing in regard to how the funds are to be expended. The hearing shall be held within 90 days after a jurisdiction is notified (per Section 1792(b)) of the approximate amount available for the proposed activity.
(c) Eligible jurisdictions shall submit a preapplication to the Director within 30 days after the last scheduled public hearing. The preapplication shall provide information indicated in Section 1793(e) and a description of how the grant award is to be expended. Also, the jurisdiction shall submit a copy of any public comments received regarding the preapplication and the jurisdiction's response to the public comments.
(d) The decision to award grants for the purposes set forth in Section 3860 of the Public Resources Code will be based upon information included in the preapplication.
(e) The preapplication shall include:
(1) Name, mailing address, and phone numbers of the project director, the budget officer, and the project manager.
(2) A detailed project narrative that includes:
(A) A detailed project description, including the problem to be solved and an explanation of how the funds are to be used to solve or mitigate the problem.
(B) The anticipated effect of the project on mitigating the methane gas hazard in the area.
(C) The expected benefits to the jurisdiction.
(D) Budget (including other funding sources investigated or secured for the project). The budget should include estimates for direct and indirect expenses.
(E) A work statement describing tasks and products (reports, technical studies, engineering plans, etc.)
(F) A project schedule to present the relationship between work tasks and the amount of time required for the work to be completed.
(G) A statement of applicable laws and regulations, including CEQA, that may affect the project.
(H) Related activities undertaken, if any.
(I) Any other information that may be relevant.
NOTE

Authority cited: Section 3863, Public Resources Code. Reference: Sections 3861, 3862 and 3863, Public Resources Code.
HISTORY

1. New section filed 8-4-88 as an emergency; operative 8-4-88 (Register 88, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-2-88.
2. Certificate of Compliance transmitted to OAL 11-10-88 and filed 12-1-88 (Register 88, No. 52).
§1794. Preapplication Criteria.
Note     •     History

In evaluating the preapplications, the Department shall consider, but not be limited to, the following criteria:
(a) Urgency of need.
(b) Consistency with the purposes and allowable activities.
(c) Cost effectiveness.
(d) Extent to which the requested grant amount is used to leverage other funding sources.
(e) Availability of alternative sources of funding.
(f) Likelihood that the project objectives will be achieved.
(g) Compliance with CEQA and other applicable laws and regulations.
NOTE

Authority cited: Section 3863, Public Resources Code. Reference: Section 3863, Public Resources Code.
HISTORY

1. New section filed 8-4-88 as an emergency; operative 8-4-88 (Register 88, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-2-88.
2. Certificate of Compliance transmitted to OAL 11-10-88 and filed 12-1-88 (Register 88, No. 52).
§1795. Preapplication Review.
Note     •     History

(a) Within 15 days of receipt of a preapplication, the Department shall provide written comments addressing the completeness of the submitted information. The preapplication shall be deemed complete when the preapplication is considered by the Department to be adequate for evaluation purposes. The staff of the Department of Conservation shall complete the review of preapplications within 60 days of receipt of a complete preapplication.
(b) Within 15 days of receipt of written comments, an applicant may request a meeting with the staff to discuss the staff comments concerning completeness of the application. The meeting should be held within 10 days of the request.
(c) Notification of grant awards or denials will be made by the Director within 15 days following completion of staff review. Even though a jurisdiction is notified that they will receive a grant, payment of the grant monies cannot be made until the provisions of Sections 3861 and 3862 of the Public Resources Code have been fulfilled, and the final application that meets the requirements of Section 1796 of this chapter has been filed with the Department.
NOTE

Authority cited: Section 3863, Public Resources Code. Reference: Sections 3861, 3862 and 3863, Public Resources Code.
HISTORY

1. New section filed 8-4-88 as an emergency; operative 8-4-88 (Register 88, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-2-88.
2. Certificate of Compliance transmitted to OAL 11-10-88 and filed 12-1-88 (Register 88, No. 52).
§1796. Final Application Requirements.
Note     •     History

The final application shall include:
(a) Evidence that the items required by subsections (a), (b), and (c) of Section 3862 of the Public Resources Code have been completed.
(b) A resolution or notification from the eligible jurisdiction's governing body authorizing the request for the grant award.
(c) A statement of compliance with CEQA requirements, if CEQA compliance was necessary for the activity.
NOTE

Authority cited: Section 3863, Public Resources Code. Reference: Section 3863, Public Resources Code.
HISTORY

1. New section filed 8-4-88 as an emergency; operative 8-4-88 (Register 88, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-2-88.
2. Certificate of Compliance transmitted to OAL 11-10-88 and filed 12-1-88 (Register 88, No. 52).
§1797. Fiscal Requirements for Grants.
Note     •     History

(a) Eligible jurisdictions receiving a grant shall establish a separate ledger account for expenditures that will be paid or are expected to be paid by grant funds. This will provide separate accountability for grant activities, ensure that expenditures to be paid by grant funds are not commingled with other funds, and feature accounting records that are supported by source documents.
(b) Financial reports to the Department shall be submitted on a semi-annual basis.
NOTE

Authority cited: Section 3863, Public Resources Code. Reference: Section 3863, Public Resources Code.
HISTORY

1. New section filed 8-4-88 as an emergency; operative 8-4-88 (Register 88, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-2-88.
2. Certificate of Compliance transmitted to OAL 11-10-88 and filed 12-1-88 (Register 88, No. 52).
§1798. General Information.
Note     •     History

(a) All correspondence, notices of public hearings, notices of intent, preapplications, final applications, and financial reports shall be submitted to the Department of Conservation in Sacramento and to the Division of Oil, Gas, and Geothermal Resources in Cypress. The addresses will be provided when a jurisdiction is notified of their eligibility to receive a grant award.
(b) Extensions of time periods indicated in this subchapter may be granted upon the showing of good cause.
NOTE

Authority cited: Section 3863, Public Resources Code. Reference: Section 3863, Public Resources Code.
HISTORY

1. New section filed 8-4-88 as an emergency; operative 8-4-88 (Register 88, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-2-88.
2. Certificate of Compliance transmitted to OAL 11-10-88 and filed 12-1-88 (Register 88, No. 52).
3. Change without regulatory effect amending subsection (a) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
4. Change without regulatory effect amending subsection (a) filed 2-16-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 7).
Subchapter 3. Unit Operations
Article 1. General
§1810. Purpose.
Note     •     History

It is the purpose of this subchapter to set forth the rules and regulations governing the submittal of proposed unit agreements, modifications thereof, additions thereto, and disagreements with respect to unit operations as provided in Chapter 3.5 (commencing with Section 3630) of Division 3 of the Public Resources Code and to implement, interpret and to make specific the provisions of said Chapter 3.5.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Sections 3630-3690, Public Resources Code.
HISTORY

1. New Chapter 4 §§ 1810, 1811, 1820, 1821, 1830-1832, 1840-1845, 1850-1858, 1860-1869, 1870-1877, 1880-1883) filed 5-24-72; effective thirtieth day thereafter (Register 72, No. 22).
2. Renumbering of Subchapter 2 to Subchapter 3 of Chapter 4 filed 2-15-74; effective thirtieth day thereafter (Register 74, No. 7).
§1811. Policy. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3585, Public Resources Code.
HISTORY

1. Repealer filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
Article 2. Definitions and Standards
§1820. Definitions. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3685, Public Resources Code.
HISTORY

1. Repealer filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
§1821. Standards.
Note     •     History

In implementing Chapter 3.5, the following standards shall be applied by the Supervisor whenever relevant in any determination or order:
(a) “Price of hydrocarbons” shall be the current price as of the date of the petition for:
(1) Crude oil and liquid or liquefied products extracted and sold from wet gas, the average posted price for crude oil and like products of the same gravity in the field of which the unit area is a part, or if none, in the nearest field;
(2) Residue dry gas, the average price in the field in which the unit area is located.
In the event there are no relevant posted prices or a dry gas price, all relevant data shall be considered.
(b) “Reasonable value of the use of the surface” as used in Public Resources Code Section 3648 shall be deemed to be fair rental value. The amount stipulated in the unit agreement shall be accepted as the fair rental value for any parcel for which royalty owners have signed the agreement. For those royalty owners included by an order by the Supervisor, the fair rental value shall be determined by the Supervisor.
(c) “Present worth value” as used in Public Resources Code Section 3643(d) shall be determined by using a discount rate equal to two percent above the generally prevailing prime rate charged by three major banks in the district in which the field of which the unit area is a part as of the date of the filing of the petition.
(d) The “reasonable interest charge” provided for in Public Resources Code Section 3646(b) shall not exceed two percent above the generally prevailing prime rate charged by major banks in the metropolitan area nearest the field of which the unit area is a part as of the first day of January and the first day of July of each year.
(e) Upon a petition of a person for carrying or otherwise financing made pursuant to Section 3646(b), the Supervisor shall order a committee to review the matter and submit a report. The committee shall be made up of one person nominated by the petitioner, one person nominated by the unit operator and one person chosen by the other two nominees, or in the event of disagreement between such two nominees as to the selection of the third person, one person chosen by the Supervisor. The committee shall review all data and submit a report and recommendation to the Supervisor as to (1) whether the petitioner is unable to meet his or her financial obligations in connection with unit operations; and (2) a program and plan for carrying or otherwise financing the petition, including but not limited to source of money, recommended interest rate and source of funds for repayment including future production from the petitioner's tract or tracts.
(f) Under Section 3646(b) of the Public Resources Code, the provisions for carrying or otherwise financing persons who request the same and are determined by the Supervisor to be unable to meet their obligations in connection with the unit operations, shall be met in one of the following methods:
(1) By one or more of the working interests.
(2) By the unit operator.
(g) The tract share or tract assignment of hydrocarbon production shall be determined by calculating the estimated economic production using good oil field practices and prudent engineering.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Sections 3643(d), 3644, 3646(b), 3648 and 3652, Public Resources Code.
HISTORY

1. New NOTE filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending subsection (e) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
Article 3. Fees and Costs
§1830. Fees.
Note     •     History

Upon filing a petition pursuant to this subchapter, the petitioner shall pay to the Supervisor the fees set forth in this section. The Supervisor may defer payment of a filing fee after a showing of good cause by the petitioner, but in no event shall payment be deferred beyond the effective date of the Supervisor's order under Sections 3645, 3649, or 3651 of the Public Resources Code.
(a) For any petition for approval of a unit agreement, the fee shall be $3,500.00.
(b) For any other petition, the fee shall be $2,500.00.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Section 3685, Public Resources Code.
HISTORY

1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending first paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1831. Costs.
Note     •     History

(a) After the filing of a petition, and from time to time as the Supervisor finds necessary, the Supervisor may issue orders requiring the deposit of funds with the Supervisor to cover the actual or estimated costs incurred by the State in the administration of Chapter 3.5 of Division 3 of the Public Resources Code or this subchapter.
(b) Within 5 working days after issuance of an order by the Supervisor pursuant to subsection (a), the petitioner shall make the required deposit. For a petition requesting the Supervisor's review and decision pursuant to Section 3653 of the Public Resources Code, all costs paid by the petitioner shall be reimbursed by the unit operator if the Supervisor upholds the position of the petitioner.
(c) Any excess funds deposited with the Supervisor shall be refunded after final disposition of the petition.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Section 3685, Public Resources Code.
HISTORY

1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1832. Failure to Pay.
Note     •     History

The Supervisor may dismiss the petition if the petitioner fails to pay a filing fee or deposit funds pursuant to an order of the Supervisor.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Section 3685, Public Resources Code.
HISTORY

1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
Article 4. Preliminary Submission [Repealed]
NOTE

Authority cited: Section 3685, Public Resources Code.
HISTORY

1. Repealer of Article 4 (Sections 1840-1845) filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
Article 5. Petitions
§1850. Requests for Action.
Note     •     History

(a) Requests for action of the Supervisor pursuant to Sections 3642, 3646(b), 3649, 3650, or 3653 of the Public Resources Code shall be made by filing a petition as provided in this article.
(b) A petition shall be signed by the petitioner and filed, together with 5 copies, with the district deputy of the district in which the unit area is located.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Sections 3642, 3646(b), 3649, 3650 and 3653, Public Resources Code.
HISTORY

1. Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending subsection (a) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1851. Persons Who May File a Petition. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3685, Public Resources Code.
HISTORY

1. Repealer filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
§1852. Filing of Petitions. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3685, Public Resources Code.
HISTORY

1. Repealer filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
§1853. Contents of Petition Requesting Approval of Unit Agreement.
Note     •     History

In addition to the information required by Section 3653.5 of the Public Resources Code, a petition requesting approval of a unit agreement shall contain:
(a) The names and addresses of all persons listed in the records of the county tax assessor as having an interest in the lands included in the proposed unit area.
(b) A certified copy of the resolution of the State Lands Commission approving the unit agreement in those cases where lands under the jurisdiction of the commission are in the proposed unit area.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Sections 3643(h) and 3653.5, Public Resources Code.
HISTORY

1. Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
§1854. Contents of Petition Requesting Approval of Modification of Unit Agreement.
Note     •     History

A petition requesting approval of a proposed modification of a unit agreement previously approved by the Supervisor shall contain: 
(a) A copy of the unit agreement and the proposed modification.
(b) A report, accompanied by appropriate data, which establishes that the proposed modification qualifies for approval pursuant to Section 3649 of the Public Resources Code.
(c) The names and addresses of all persons listed in the records of the county tax assessor as having an interest in the lands affected by the proposed modification.
(d) A certified copy of the resolution of the State Lands Commission approving the proposed modification of the unit agreement in those cases where lands under the jurisdiction of the commission are affected by the proposed modification.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Section 3649, Public Resources Code.
HISTORY

1. Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending first paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1855. Contents of Petition Requesting Approval of Additions to Unit Area.
Note     •     History

A petition requesting the addition of a tract or tracts of land to the unit area of the unit agreement previously approved by the Supervisor shall contain or have attached to it:
(a) A copy of the unit agreement and a description of the lands proposed to be added.
(b) A report, accompanied by appropriate data, which establishes that the request qualifies for approval pursuant to Section 3650 of the Public Resources Code.
(c) A recommendation, supported by data and calculations, of the appropriate allocation of unit production within the meaning of Section 3652 of the Public Resources Code.
(d) The names and addresses of all persons listed in the records of the county tax assessor as having an interest in the lands affected by the proposed addition.
(e) A certified copy of the resolution of the State Lands Commission approving the addition to the unit area of any lands under the jurisdiction of the commission.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Section 3650, Public Resources Code.
HISTORY

1. Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending first paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1856. Resolution of Disagreement over Unit Operations.
Note     •     History

A petition requesting review and decision by the Supervisor of a disagreement with respect to unit operations and each copy shall contain:
(a) A copy of the unit agreement and any applicable unit operating agreement.
(b) A report, accompanied by appropriate data, specifying in detail the nature of the disagreement.
(c) A recommended resolution of the disagreement, accompanied by supporting data and calculations.
(d) The names and addresses of all working interest owners in the unit, and all persons listed in the records of the county tax assessor as having an interest in the lands included in the unit area.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Section 3653, Public Resources Code.
HISTORY

1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending first paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1857. Determination of Inability to Meet Financial Obligations.
Note     •     History

A petition requesting the Supervisor to determine that the petitioner is unable to meet his or her financial obligations in connection with unit operations shall contain:
(a) A description of the petitioner's interest in the unit.
(b) A complete financial statement establishing that the petitioner is unable to meet his or her financial obligations in connection with the unit operations.
(c) The name and address of petitioner's nominee for the committee provided in Section 1821(e) of this subchapter.
(d) A statement of the petitioner's preferences, if any, as to the source of repayment, including any production that may be used as a source of repayment.
(e) A declaration that a copy of the petition has been sent to the unit operator.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Section 3646(b), Public Resources Code.
HISTORY

1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending first paragraph and subsection (b) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending first paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1858. Additional Data.
Note     •     History

The Supervisor may request additional data with regard to any petition, and that data shall be submitted by the petitioner or the unit operator within 30 days of the request. Failure to comply with the request may result in the dismissal of the petition.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Sections 3642, 3646(b), 3649, 3650 and 3653, Public Resources Code.
HISTORY

1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
Article 6. Hearings
§1860. Types of Hearings. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3685, Public Resources Code.
HISTORY

1. Repealer filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
§1861. Public Hearings. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3685, Public Resources Code.
HISTORY

1. Repealer filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
§1862. Informal Hearings. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3685, Public Resources Code.
HISTORY

1. Repealer filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
§1863. Time and Place for Public Hearings.
Note     •     History

(a) A public hearing shall be held no later than 45 days after the date the petition was filed. If a request for additional data has been made by the Supervisor pursuant to Section 1858 of this subchapter, the hearing shall be held no later than 75 days after the petition was filed.
(b) Public hearings shall be held at a convenient place within the district in which the unit area is located.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Sections 3643, 3649 and 3650, Public Resources Code.
HISTORY

1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending subsection (a) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1864. Notice.
Note     •     History

(a) Written notice of all public hearings shall:
(1) Be sent by regular mail to those persons and entities designated in Section 3659 of the Public Resources Code and to all persons whose names and addresses have been provided in the petition.
(b) The notice shall state the time, place, and purpose of the hearing and that written or oral evidence shall be received at the hearing.
(c) The notices shall be sent no less than ten days prior to the date set for the public hearing.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Section 3659, Public Resources Code.
HISTORY

1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
§1865. Hearing Procedures.
Note     •     History

(a) All petitions shall be heard by the Supervisor or by a deputy designated by the Supervisor.
(b) The Supervisor or the designated deputy shall determine the manner in which the hearing shall be conducted and the form and content in which evidence may be presented.
(c) Within 60 days after the close of the hearing, the Supervisor shall issue a written order granting or denying the petition in whole or in part. The written order shall state the facts upon which the Supervisor bases his or her decision and the reasons for the decision.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Sections 3643, 3645, 3646, 3649, 3650, 3651 and 3652, Public Resources Code.
HISTORY

1. Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending subsections (b) and (c) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending subsection (b) filed 2-16-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 7).
4. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1866. Hearing Officer. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3685, Public Resources Code.
HISTORY

1. Repealer filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
§1867. Evidence. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3685, Public Resources Code.
HISTORY

1. Repealer filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
§1868. Continuances. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3685, Public Resources Code.
HISTORY

1. Repealer filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
§1869. Record. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3685, Public Resources Code.
HISTORY

1. Repealer filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
Article 7. Orders of the Supervisor [Repealed]
NOTE

Authority cited: Section 3685, Public Resources Code.
HISTORY

1. Repealer of Article 7 (Sections 1870-1877) filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
Article 8. Offers to Sell
§1880. General. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3685, Public Resources Code.
HISTORY

1. Repealer filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
§1881. Notice of Offer to Sell.
Note     •     History

(a) An offer of sale pursuant to Section 3647 of the Public Resources Code shall be made by filing a written notice of the offer to sell the interest with the district deputy of the district in which the unit area is located. The notice shall contain:
(1) An identification of the approved unit agreement.
(2) A description of the tract offered for sale.
(3) An identification of the oil and gas interest offered for sale, such as a royalty interest or working interest, together with a reference to any specific lease or contract giving rise to that interest, if applicable.
(4) The address where the offeror may receive any notices and communications concerning the offer.
(5) The price asked.
(b) Within five working days after receipt in the district office of the notice provided in subsection (a) of this section, the Supervisor shall send by regular mail copies of that notice to the unit operator and all working interest owners who have consented to the unit agreement.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Section 3647, Public Resources Code.
HISTORY

1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending subsection (b) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1881.5. Notice of Intention to Purchase.
Note     •     History

(a) Any working interest owner who desires to participate in the purchase of the offered interest shall file a notice of intention to purchase with the district deputy of the district in which the offered interest is located and shall give written notice thereof to the offeror on or before a date specified by the Supervisor, which shall be no later than 30 days after the date the notice of offer of sale is filed pursuant to Section 1881(a) of this subchapter.
(b) Negotiations toward the consummation of the purchase of the offeror's interest shall be undertaken in good faith by the offeror and by those working interest owners filing the notice of intention to purchase. Those negotiations shall be concluded on or before a date specified by the Supervisor, which shall be no later than 60 days after the date the notice of offer of sale is filed under Section 1881(a) of this subchapter.
(c) If the purchase price is agreed upon prior to the date specified in subsection (b) of this section, the offeror shall notify the Supervisor immediately in writing, and the parties shall proceed expeditiously to finalize the sale agreement. The sale agreement shall be promptly filed with the Supervisor and in no event shall be filed more than 15 days after written notice of the agreed price is given to the Supervisor.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Section 3647, Public Resources Code.
HISTORY

1. New section filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1882. Disagreements as to Price.
Note     •     History

(a) If the parties fail to agree upon the purchase price for the offered interest within the time specified in Section 1881.5(b) of this subchapter, either party may invoke the arbitration provisions of Section 3647 of the Public Resources Code, and such arbitration shall be governed by the procedures described therein and in this section.
(b) The person or persons electing arbitration shall file notice of the election in writing to the Supervisor within 5 calendar days of the expiration of the negotiation period provided in Section 1881.5(b) of this subchapter.
(c) Upon receipt of the notice provided in subsection (b) of this section, the Supervisor shall:
(1) Authorize the creation of an arbitration committee and direct that the committee act in accordance with the provisions of Section 3647 of the Public Resources Code.
(2) Designate one committee member to act as chairperson and direct the committee to make an independent appraisal of the interest offered for sale.
(3) Fix a date no later than 60 days after the date of receipt of the notice under subsection (b) of this section on or prior to which the committee shall submit to the Supervisor its determination of the fair market value of the interest offered for sale and a report summarizing the basis for that value. Such 60-day period may be extended by the Supervisor for one additional period of 30 days.
(d) Notice of the Supervisor's action under subsection (c) of this section shall be sent to the parties and the unit operator.
(e) Upon receipt of the determination of the fair market value and the report of the committee, the Supervisor shall send to the parties and the unit operator notice of the price at which the offered interest shall be purchased. Subject to the provisions for judicial review contained in Section 3647 of the Public Resources Code, the parties shall finalize the sale agreement and shall file the sale agreement with the Supervisor within 15 days after receipt of the Supervisor's notice of the price.
NOTE

Authority cited: Section 3685, Public Resources Code. Reference: Section 3647, Public Resources Code.
HISTORY

1. Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Change without regulatory effect amending subsections (b), (c), (c)(3), (d) and (e) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1883. Final Orders of the Supervisor.
Note     •     History

NOTE

Authority cited: Section 3685, Public Resources Code.
HISTORY

1. Repealer filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
Subchapter 4. State-Wide Geothermal Regulations
Article 1. General
§1900. Purpose.
Note     •     History

It is the purpose of this subchapter to set forth the rules and regulations governing the geothermal regulation program of the Division of Oil, Gas, and Geothermal Resources as provided for by Chapter 4 (Sections 3700-3776), Division 3, of the Public Resources Code.
NOTE

Authority cited: Sections 3700 through 3776, Public Resources Code.
HISTORY

1. New Subchapter 4 (§§ 1900 through 1993, not consecutive) filed 5-15-74; effective thirtieth day thereafter (Register 74, No. 20).
2. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1910. Policy. [Repealed]
History

HISTORY

1. Change without regulatory effect repealing section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1911. Scope of Regulations.

These regulations shall be statewide in application.
§1912. Revision of Regulations. [Repealed]
History

HISTORY

1. Change without regulatory effect repealing section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1913. Incorporation by Reference. [Repealed]
History

HISTORY

1. Change without regulatory effect repealing section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1914. Approval.
Note     •     History

The approval of the Supervisor is required prior to commencing drilling, deepening, redrilling, or plugging and abandonment operations. The written approval shall list any and all requirements of the Division. In an emergency, the Supervisor or a designee may give verbal approval to the operator to start any operations covered by these regulations, provided the operator sends the Division a written notice of the emergency operations conducted within 5 days after receiving the verbal approval.
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3712, 3714, and 3724, Public Resources Code.
HISTORY

1. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
2. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1915. Legal Conflicts. [Repealed]
History

HISTORY

1. Change without regulatory effect repealing section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
Article 2. Definitions
§1920. Legal Definitions. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 3712 and 3714, Public Resources Code. Reference: Sections 3701-3711, Public Resources Code.
HISTORY

1. Amendment of subsection (a) filed 8-13-76 as procedural and organizational; effective upon filing (Register 76, No. 33).
2. Amendment of subsections (e)-(k) filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
3. Repealer of subsection (a), subsection relettering and amendment of Note filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
4. Change without regulatory effect repealing section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1920.1. Definitions.
Note     •     History

(a) “Observation Well” means a well drilled strictly for monitoring purposes.
(b) “Exploratory Geothermal Well” means a well other than a development well drilled to discover or evaluate the presence of either low-temperature or high-temperature geothermal fluids, including steam, where the surface location of the well is at least .8 km or one-half mile from the surface location of an existing well capable of producing geothermal fluids in commercial quantities.
(c) “Development Well” means a well, other than an exploratory well, drilled for the purpose of producing either high-temperature or low-temperature geothermal fluids in commercial quantities.
(d) “Abandoned Well” means a well the Supervisor so designates after it has been demonstrated that all steps have been taken to protect underground or surface water suitable for irrigation or other domestic uses from the infiltration or addition of any detrimental substance, and to prevent the escape of all fluids to the surface.
(e) “Injection Well” is a service well drilled or converted for the purpose of injecting fluids.
(f) “High-Temperature Geothermal Fluid” means a naturally heated subterranean fluid with a surface temperature equal to or higher than the boiling point of water.
(g) “High-Temperature Well” means a well drilled to discover, evaluate, produce, or utilize high-temperature geothermal fluids.
(h) “High-Temperature Geothermal Field” means an area so designated by the Supervisor for administrative purposes. The area shall contain at least one well capable of producing high-temperature geothermal fluids in commercial quantities.
(i) “Low-Temperature Geothermal Fluid” means naturally heated subterranean fluid with a surface temperature below the boiling point of water at ambient atmospheric pressure.
(j) “Low-Temperature Geothermal Well” means a well drilled to discover, evaluate, produce, or utilize low-temperature geothermal fluids where the fluids will be used for their heat value.
(k) “Low-Temperature Geothermal Field” means an area the Supervisor so designates for administrative purposes. The area shall contain at least one well capable of producing low-temperature geothermal fluids in commercial quantities.
(l) “Idle Well” means a well, other than a suspended well, that has not been officially plugged and abandoned, on which the operator has ceased all activity, including but not limited to drilling, production or injection.
(m) “Production Tested” means a well that the operator has tested for temperature, flow rate, and pressure.
(n) “A well capable of producing geothermal fluid in commercial quantities” means a well:
(1) Supplying geothermal fluid to an existing power plant or other facility for the purpose of generating electricity; or
(2) Production tested and scheduled to supply geothermal fluid to a power plant or other facility for the purpose of generating electricity for which:
(A) An application is pending before the California Energy Commission or the California Public Utilities Commission; or
(B) The California Energy Commission or California Public Utilities Commission has approved a site; or
(C) A contract has been executed between the supplier and a user and conditions have been fulfilled that commit the user to build a facility; or
(3) Supplying geothermal fluid or completed and scheduled to supply geothermal fluid to facilities existing, under construction, or committed for construction, for any nonelectric use of geothermal resources, including but not limited to space heating or food processing; or
(4) Production tested and, in the operator's opinion, able to supply sufficient geothermal energy to justify construction of a facility to utilize the energy, and designated capable of production by the Supervisor; or
(5) Production tested and found by the Supervisor, after a public hearing, to be capable of producing sufficient geothermal energy to be a commercially viable geothermal development project.
(o) “Usable Thermal Energy” means the usable heat energy contained in geothermal fluid, expressed in British Thermal Units or gigajoules.
(p) “Notice” means an application for permission to do work on a well.
(q) “Drilling Log” means the recorded description of the lithologic sequence encountered while drilling a well.
(r) “Drilling Operations” means the actual drilling or redrilling of a well for exploration, production, observation, or injection, including the running and cementing of casing and the installation of wellhead equipment. “Drilling Operations” do not include perforating, logging, or related operations after all the casing has been cemented.
(s) “Suspension” means the status assigned to a well that is temporarily abandoned pursuant to specified plugging requirements that are selected by the Division from the plugging and abandonment requirements contained in Sections 1980, 1981, 1981.1, and 1981.2 of this subchapter, and the operations necessary to cause temporary abandonment have been carried out by the operator and approved by the Division.
(t) With respect to well depth:
(1) “Shallow” means deeper than 25 feet (about 8 meters) but no deeper than 250 feet (about 76 meters);
(2) “Intermediate” means deeper than 250 feet (about 76 meters) but no deeper than 1,000 feet (about 305 meters);
(3) “Deep” means deeper than 1,000 feet (about 305 meters).
(u) “BOPE” is an acronym for blowout prevention equipment.
(v) “Mineral Extraction Well” means a well drilled, converted, or reworked for the purpose of discovering, evaluating, or producing minerals or other products in solution from naturally heated subterranean fluids. A low- or high-temperature geothermal well may also be a mineral extraction well.
NOTE

Authority cited: Sections 3712 and 3714, Public Resources Code. Reference: Section 3714, Public Resources Code.
HISTORY

1. Amendment of subsections (b) and (e), and new subsections (p) and (q) filed 9-19-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 38).
2. Amendment of subsection (p) and repealer of subsection (q) filed 4-13-76; effective thirtieth day thereafter (Register 76, No. 16).
3. Amendment filed 8-13-76 as procedural and organizational; effective upon filing (Register 76, No. 33).
4. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
5. Amendment filed 1-14-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 3).
6. Change without regulatory effect amending section heading, repealing first paragraph, and amending subsections (l) and (s) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
7. Change without regulatory effect amending subsections (d), (h), (k), (n)(4)-(5) and (s) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1920.2. Field Designation.
Note     •     History

The Supervisor may designate geothermal fields for administrative purposes. A field shall contain at least one well capable of producing geothermal resources in commercial quantities. The Supervisor shall establish the boundaries by graphically constructing a one-mile square around each well capable of producing geothermal resources in commercial quantities. Each such well shall be at the center of a square.
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Section 3712, Public Resources Code.
HISTORY

1. New section filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1920.3. Field Rules.
Note     •     History

When sufficient geologic and engineering information is available, the Supervisor may adopt or amend existing field rules for any geothermal resource field or area. Before adopting or amending field rules, the Supervisor shall notify affected persons, including but not limited to operators, landowners, and any utilities or other commercial users, and allow at least 30 days for them to comment on the proposed rules. The Supervisor shall notify affected persons in writing of the adoption of the rules.
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Section 3712, Public Resources Code.
HISTORY

1. New section filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1921. Duties of the Supervisor. [Repealed]
History

HISTORY

1. Repealer filed 12-3-76 as procedural and organizational; effective upon filing (Register 76, No. 49).
§1921.1. Duties of the Geothermal Resources Board. [Repealed]
History

HISTORY

1. Repealer of section filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Article 3. Drilling
§1930. General.

All wells shall be drilled in such a manner as to protect or minimize damage to the environment, usable ground waters (if any), geothermal resources, life, health and property.
§1930.1. Designation of Agent. [Repealed]
History

HISTORY

1. Repealer filed 12-3-76 as procedural and organizational; effective upon filing (Register 76, No. 49).
§1931. Notice of Intention to Drill.
Note     •     History

Before an owner or operator can commence drilling a well, a Notice of Intention to Drill must be filed on a Division form (OGG105-11/93) and submitted to the Division, accompanied by the appropriate fee and bond (see Section 1932). The operator shall not commence drilling until the Division approves the Notice of Intention to Drill. The Notice shall include all information required on the Division form, and the following:
(a) A map showing the parcel boundaries and the location of the proposed well.
(b) If a government agency has prepared an environmental document for the proposed well, the name and address of the agency or a copy of the final environmental documents.
If operations on an exploratory well or observation well for which the Division is required to prepare environmental documents have not commenced within two years from the date the Notice of Intention to Drill was approved, the Division shall cancel the notice unless, prior to the expiration date, the operator requests an extension on a Rework/Supplementary Notice.
If operations on a development well, exploratory well, or observation well for which the Division is not required to prepare environmental documents have not commenced one year from the date the notice is approved, the Division shall cancel the notice unless, prior to the expiration date, the operator requests a time extension on a Rework/Supplementary Notice. The Division may extend these time limits at its discretion.
(c) Such other information as the Supervisor may require.
NOTE

Authority cited: Sections 3712 and 3714, Public Resources Code. Reference: Sections 3712, 3724, and 3724.1, Public Resources Code.
HISTORY

1. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
2. Amendment of opening paragraph, repealer of subsections (a)-(j), subsection relettering and amendment of Note filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1931.1. Rework/Supplementary Notice.
Note     •     History

If there is any change in the original Notice of Intention, or if the operator plans to deepen, redrill, plug, or perform any operation that will permanently alter the well casing, a Rework/Supplementary Notice must be filed with the Division. A fee and/or bond may be required if, for example, the proposal concerns entering a plugged and abandoned or suspended well.
If the drilling operations the Division approved on a Rework/Supplementary Notice have not commenced one year from the date the notice is approved, the Division shall cancel the notice unless, prior to the expiration date, the operator requests a time extension on a Rework/Supplementary Notice. The Division may extend this time limit at its discretion.
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3712 and 3724, Public Resources Code.
HISTORY

1. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
2. Change without regulatory effect amending first paragraph filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1931.2. Notice to Convert to Injection.
Note     •     History

An operator planning to convert an existing well to an injection or disposal well, even if there will be no change in mechanical condition, must file a Rework/Supplementary Notice with the Division and the Division must approve the notice before injection is commenced.
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3712 and 3724, Public Resources Code.
HISTORY

1. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1931.3. Notices to Drill Individual Shallow Observation Wells and Notices to Drill Shallow Observation Well Programs Are Required. [Repealed]
History

HISTORY

1. Change without regulatory effect repealing section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1931.4. Supplementary Notice. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3712 and 3724, Public Resources Code.
HISTORY

1. Repealer filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33). For former history, see Register 74, No. 20.
§1931.5. Unstable Terrain.
History

If the construction of drilling sites, roads, sumps, steam transmission lines, and other construction attendant to geothermal operations could cause or could be affected by slumping, landslides, or unstable earth conditions, the Supervisor shall require that the operator submit a written analysis of the proposed work prior to the commencement of any construction and prior to approving a permit to drill. At the request of the Supervisor, the report shall be prepared by a civil engineer, licensed in the state and experienced in soils engineering; and if slumping or landsliding could be involved, the requested report shall also be prepared by an engineering geologist, certified in the state and experienced in slope stability and related problems. No permit to drill shall be approved unless the report indicates that the work is planned in such a manner as to reasonably mitigate the problem throughout the life of the project.
Upon completion of any construction authorized by the Supervisor pursuant to this section, the operator shall certify in writing to the Supervisor that the work was carried out according to the approved plans subject only to changes approved by the Supervisor.
HISTORY

1. Amendment filed 4-13-76; effective thirtieth day thereafter (Register 76, No. 16).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1932. Fees.
Note     •     History

The appropriate fee, as listed below, shall be paid when the Notice of Intention to Drill is filed. (Refer to Section 1920.1 for definitions of terms and depth limitations.)
(a) $25 Fee.
(1) Shallow low-temperature geothermal well.
(2) Shallow observation well.
(b) $200 Fee.
(1) Shallow observation well program of up to and including 25 such wells (except as provided in PRC Section 3724.1).
(2) Intermediate depth low-temperature geothermal well.
(3) Intermediate depth observation well.
(c) $500 Fee.
(1) Intermediate depth observation well program of up to and including 5 such wells.
(2) Development well, other than low-temperature, to any depth.
(3) Deep low-temperature geothermal well.
(4) Injection well.
(5) Deep observation well.
(d) $1,000 Fee. Exploratory well, other than low-temperature, to any depth.
(e) If a Notice of Intention to Drill is cancelled, the Division shall refund the fee paid by the operator, minus the Division's administrative costs for processing and reviewing the notice.
NOTE

Authority cited: Sections 3712 and 3714, Public Resources Code. Reference: Sections 3724 and 3724.1, Public Resources Code
HISTORY

1. Amendment filed 9-19-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 38).
2. Amendment filed 4-13-76; effective thirtieth day thereafter (Register 76, No. 16).
3. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
4. Amendment of subsection (a), repealer of subsection (a)(2), and amendment of subsection (b)(1) and Note filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
5. Change without regulatory effect amending subsections (a)-(a)(1) and (b)(1)  filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
6. Change without regulatory effect amending subsection (e) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1933. Statewide Fee-Assessment Date.
Note     •     History

June 15 of each year is established as the statewide fee-assessment date. Assessments for all geothermal operators shall be annually fixed on or before June 15. The funds provided by fees are for the supervision of geothermal resource wells during the fiscal year following the statewide fee-assessment date.
NOTE

Authority cited: Section 3724.5, Public Resources Code. Reference: Section 3724.5, Public Resources Code.
HISTORY

1. New section filed 1-14-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 3). For prior history, see Register 76, No. 49.
§1933.1. Establishment of Annual Well Fees.
Note     •     History

To establish the annual fee that must be charged to each geothermal well operator, the department, on or before the statewide fee-assessment date shall:
(a) Make an estimate of the sum of the well drilling fees that will be filed by operators during the fiscal year following the fee assessment date.
(b) Establish the appropriation for the supervision of geothermal resource wells from the amount proposed in the Governor's Budget. The appropriation shall be adjusted by any changes that have occurred during the legislative review process.
(c) Establish the estimated surplus or deficit from the current and prior fiscal year by calculating the cost of the supervision of geothermal resource wells and the actual revenues therefrom.
(d) Estimate the amount assessable to geothermal operators by taking the appropriation amount (paragraph b), deducting the well drilling fees (paragraph a), and adding or deducting the current year and prior year adjustments (paragraph c).
(e) Determine the total number of chargeable wells by identifying the total number of producing, service, and idle wells that existed at any time during the preceding calendar year in the state. A well that has changed ownership one or more times during the preceding calendar year shall be counted only once, and assignment of charges shall be made to the operator of record on December 31 of that year. “Chargeable wells” shall not include:
(1) Any well used for observation purposes.
(2) Any well for which the Supervisor has approved a suspension. However, a well must be suspended for the entire calendar year to be nonchargeable.
(3) Any low-temperature well.
(f) Determine the annual well fee by dividing the amount assessable by the total number of chargeable wells.
(g) Determine the amount to be charged to each operator by multiplying the total number of chargeable wells of record on the previous December 31 by the annual well fee.
NOTE

Authority cited: Section 3724.5, Public Resources Code. Reference: Sections 3724, 3724.1 and 3724.5, Public Resources Code. 
HISTORY

1. New section filed 1-14-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 3).
2. Change without regulatory effect amending subsection (e)(2) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1933.2. Notification of Assessment.
Note     •     History

On or before June 15 of each year, the Department shall notify each operator of that operator's assessment. If an operator believes an error has been made, the operator shall notify the Supervisor of the Division on or before July 1 following the notification of assessment.
NOTE

Authority cited: Section 3724.5, Public Resources Code. Reference: Section 3724.5, Public Resources Code.
HISTORY

1. New section filed 1-14-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 3)
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1933.3. Establishment and Certification of Assessment Roll.
Note     •     History

(a) The Director of the Department shall create an Annual Assessment Roll as of July 1 of each year. The assessment roll shall be comprised of the name of each operator, a billing address, the number of chargeable wells as identified by the provisions of Section 1933.1(e) of this subchapter, and the amount charged.
(b) On or before July 1, the Director shall transmit the roll to the State Controller, together with a certification stating that appeals have (or have not) been adjudicated and the assessment roll contains the true and correct amounts to be assessed to each operator.
(c) The Director shall keep on file and have available for public inspection during regular office hours, a listing of the chargeable wells by operator.
NOTE

Authority cited: Section 3724.5, Public Resources Code. Reference: Section 3724.5, Public Resources Code.
HISTORY

1. New section filed 1-14-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 3).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1933.4. Payments and Penalties.
Note     •     History

(a) The charges levied and assessed are due and payable to the State Treasurer on the first of July of each year.
One-half of the charges shall be delinquent if not paid on or before August 15th of each year. The remaining one-half of the charges shall be delinquent if not paid on or before the first of February of the following year.
(b) Any person who fails to pay any charge within the time required shall pay a penalty of 10 percent of the amount due, plus interest on the charge due at the rate of 1 1/2% per month, or fraction thereof, computed from the delinquent date of the assessment until and including the date of payment.
(c) Any person who fails to pay any charge or penalty shall be subjected to the provisions of Sections 3772-3775 of the Public Resources Code.
NOTE

Authority cited: Section 3724.5, Public Resources Code. Reference: Sections 3724.5 and 3724.6, Public Resources Code.
HISTORY

1. New section filed 5-23-88; operative 6-22-88 (Register 88, No. 22).
§1934. Well Spacing. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3712, 3757, 3757.1, 3757.2, 3758, 3759, and 3761, Public Resources Code.
HISTORY

1. Repealer filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33). For former history, see Register 74, No. 20.
§1934.1. Violation of Spacing. [Repealed]
History

HISTORY

1. Repealer filed 12-3-76 as procedural and organizational; effective upon filing (Register 76, No. 49).
§1935. Casing Requirements.
History

All wells shall be cased in such a manner as to protect or minimize damage to the environment, usable ground waters and surface waters (if any), geothermal resources, life, health and property. The permanent wellhead completion equipment shall be attached to the production casing or to the intermediate casing if production casing does not reach to the surface.
Division specifications for casing strings shall be determined on a well-to-well basis. All casing strings reaching the surface shall provide adequate anchorage for blowout-prevention equipment, hole pressure control and protection for all natural resources. The following casing requirements are general but should be used as guidelines in submitting proposals to drill.
HISTORY

1. Change without regulatory effect amending second paragraph filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1935.1. Conductor Pipe.
Note     •     History

Conductor pipe shall be cemented with sufficient cement to fill the annular space from the shoe to the surface. An annular blowout preventer, or its equivalent, approved by the Division, shall be installed on conductor pipe for exploratory wells and development wells when deemed necessary by the Division. The Division may waive this requirement for low-temperature geothermal wells.
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3739 and 3740, Public Resources Code.
HISTORY

1. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
2. Editorial correction of Note (Register 96, No. 36).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1935.2. Surface Casing.
Note     •     History

Surface casing shall provide for control of formation fluids, for protection of shallow usable groundwater, and for adequate anchorage for blowout prevention equipment. All surface casing shall be cemented with sufficient cement to fill the annular space from the shoe to the surface. The following requirements may be modified or waived by the Division for low-temperature geothermal wells.
(a) Length of Surface Casing.
(1) In areas where subsurface geological conditions are variable or unknown, surface casing in general shall be set at a depth equaling or exceeding 10 percent of the proposed total depths of wells drilled in such areas. A minimum of 60 meters (about 200 feet) and a maximum of 400 meters (about 1,300 feet) of surface casing shall be set.
(2) In areas of known high formation pressure, surface casing shall be set at a depth determined by the Division after a careful study of geological conditions.
(3) Within the confines of designated geothermal fields, the depth at which surface casing shall be set shall be determined by the Division on the basis of known field conditions.
(b) Cementing Point for Surface Casing.
Surface casing shall be cemented through a sufficient series of low permeability, competent lithologic units (such as claystone or siltstone) to ensure a solid anchor for blowout prevention equipment and to protect usable groundwater and surface water from contamination. A second string of surface casing may be required if the first string has not been cemented through a sufficient series of low permeability, competent lithologic units, and either a rapidly increasing thermal gradient or rapidly increasing formation pressures are encountered.
(c) Drilling Fluid Return Temperatures. The temperature of the return drilling fluid shall be monitored continuously during the drilling of the surface casing hole. Either a continuous temperature monitoring device shall be installed and maintained in working condition, or the temperature shall be read manually. In either case, return drilling fluid temperatures shall be entered into the log book after each joint of pipe has been drilled down (every 10 meters, about 30 feet).
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3739 and 3740, Public Resources Code.
HISTORY

1. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
2. Change without regulatory effect amending first paragraph and subsections (a)(2)-(3) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1935.3. Intermediate Casing.

Intermediate casing shall be required for protection against anomalous pressure zones, cave-ins, washouts, abnormal temperature zones, uncontrollable lost circulation zones or other drilling hazards. Intermediate casing strings shall be, if possible, cemented solid to the surface.
§1935.4. Production Casing.
Note     •     History

Production casing may be set above or through the producing or injection zone and cemented above the objective zones. Sufficient cement shall be used to exclude overlying formation fluids from the zone, to segregate zones, and to prevent movement of fluids behind the casing into zones that contain usable groundwater. Production casing shall either be cemented with sufficient cement to fill the annular space from the shoe to the surface or lapped into intermediate casing, if run. Production casing lapped into an intermediate string, shall overlap at least 15 meters (about 50 feet); the lap shall be cemented solidly; and shall be pressure tested to ensure its integrity.
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3739 and 3740, Public Resources Code.
HISTORY

1. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
§1936. Electric Logging.
History

All wells, except observation wells and low-temperature thermal wells, shall be logged with an induction electrical log, or equivalent, from total depth to the bottom of the conductor pipe, except in the case where air is used as the drilling medium. This requirement may be waived by the Supervisor and may vary depending on geologic conditions as stated in Section 1935.2(a)(2).
HISTORY

1. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1937. Records. [Repealed]
History

HISTORY

1. Amendment filed 8-13-76 as procedural and organizational; effective upon filing (Register 76, No. 33).
2. Change without regulatory effect repealing section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1937.1. Records Required to Be Filed with the Division.
History

(a) Drilling Log and Core Record. The drilling log shall show the lithologic characteristics and depths of formations encountered, the depths and temperatures of water-bearing and steam-bearing strata, the temperatures, chemical compositions, and other chemical and physical characteristics of fluids encountered from time to time, so far as ascertained.
The core record shall show the depth, lithologic character and fluid content of cores obtained, so far as determined.
(b) Well History. The history shall describe in detail in chronological order on a daily basis all significant operations carried out and equipment used during all phases of drilling, testing, completion, recompletion and plugging and abandonment of the well.
(c) Well Summary Report. The well summary report shall accompany the core record and well history reports. It is designed to show data pertinent to the condition of a well at the time of completion of work done.
(d) Production Records. Monthly production records shall be filed with the Division on or before the 30th day of each month, for the last preceding calendar month.
(e) Injection Records. Monthly injection records shall be filed with the Division on or before the 30th day of each month, for the last preceding calendar month.
(f) Other Records. The following shall also be filed with the Division, if run: electric logs, physical or chemical logs, tests, water analyses, and surveys (including temperature surveys and directional surveys).
HISTORY

1. Amendment of subsections (d), (e) and (f) filed 12-3-76 as procedural and organizational; effective upon filing (Register 76, No. 49).
2. Change without regulatory effect amending subsection (b) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending subsections (d)-(f) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1937.2. Filing of Records. [Repealed]
History

HISTORY

1. Repealer filed 8-13-76 as procedural and organizational; effective upon filing (Register 76, No. 33).
§1937.3. Records As Evidence. [Repealed]
History

HISTORY

1. Repealer filed 8-13-76 as procedural and organizational; effective upon filing (Register 76, No. 33).
§1937.4. Publications. [Repealed]
History

HISTORY

1. Repealer filed 8-13-76 as procedural and organizational; effective upon filing (Register 76, No. 33).
§1938. Transfer of Property. [Repealed]
History

HISTORY

1. Repealer filed 12-3-76 as procedural and organizational; effective upon filing (Register 76, No. 49).
Article 4. Blowout Prevention
§1940. Authority. [Repealed]
History

HISTORY

1. Change without regulatory effect repealing section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1941. General.
History

Blowout-Prevention Equipment (BOPE) installations shall include high temperature-rated packing units and ram rubbers, if available, and shall have a minimum working-pressure rating equal to or greater than the lesser of:
(a) A pressure equal to the product of the depth of the BOPE anchor string in meters times 0.2 bar per meter. (Feet times one (1) psi per foot)
(b) A pressure equal to the rated burst pressure of the BOPE anchor string.
(c) A pressure equal to 138 bars (2,000 psi).
Specific inspections and tests of the BOPE shall be made by the Division. The requirements for such tests will be included in the Division's answer to the notice of intention to drill.
HISTORY

1. Change without regulatory effect amending last paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1942. BOPE Guide.
Note     •     History

The Division shall prepare a guide for establishing the blowout prevention equipment requirements specified in the Division's approval of proposed operations.
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Section 3739, Public Resources Code.
HISTORY

1. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1942.1. Unstable Areas.
Note     •     History

Drilling any wells, including water wells, is prohibited in areas containing fumaroles, geysers, hot springs, mud pots, etc. (unstable areas), unless the Division determines, after a thorough geological investigation, that drilling in an unstable area is feasible. In this case, a special permit may be issued. The following may be required for a well drilled in an unstable area:
(a) A Division engineer shall be present at the well at all times during the initial phases of drilling until the surface casing has been cemented and the BOPE has been pressure-tested satisfactorily. The Division engineer may observe all drilling operations at the well and if, in his or her opinion, conditions warrant, may order a second or third string of surface casing to be run.
(b) The operator, while drilling the surface casing hole, shall continuously monitor and record the following:
(1) Drilling fluid temperature (in and out),
(2) Drilling fluid pit level,
(3) Drilling fluid pump volume,
(4) Drilling fluid weight, and
(5) Drilling rate.
(c) A drilling fee in addition to the fee specified in Section 1932, up to the maximum of $1,000 per well, depending on the geologic conditions in the area.
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3724, 3739, 3740, and 3741, Public Resources Code.
HISTORY

1. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
2. Change without regulatory effect amending subsection (a) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending first paragraph and subsection (a) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1942.2. Cable Tool Drilling.
Note     •     History

This method of drilling, or any other method of drilling, will be allowed, at the discretion of the Supervisor, with certain stipulations in the following cases only:
(a) Areas where formation pressures are known to be hydrostatic and are known to contain geothermal fluids at shallow depths, and where down-hole temperatures are less than 100o C (212o F).
(b) Areas where geothermal fluids have been produced from shallow wells, less than 150 meters (500 feet) true vertical depth, over a number of years with no known history of a blowout or geyser.
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3712 and 3715, Public Resources Code.
HISTORY

1. Repealer and new section filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33). For prior history, see Register 74, No. 20.
2. Change without regulatory effect amending first paragraph filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1942.3. Stable Areas Using Air As the Drilling Fluid. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3712, 3715, 3724, 3739 and 3740, Public Resources Code.
HISTORY

1. Repealer filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33). For former history, see Register 74, No. 20.
§1942.4. Cable Tool Drilling. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3712, 3715, 3724, 3737, and 3740, Public Resources Code.
HISTORY

1. Repealer filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33). For former history, see Register 74, No. 20.
Article 5. Completion and Production
§1950. Official Completion.
Note     •     History

A well is considered to be completed 30 days after drilling operations have ceased and the well is capable of producing a geothermal resource, or 30 days after the well has commenced to produce a geothermal resource, unless drilling operations are resumed before the end of the 30-day period.
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Section 3737, Public Resources Code.
HISTORY

1. Amendment filed 12-3-76 as procedural and organizational; effective upon filing (Register 76, No. 49).
2. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
§1950.1. Time Limits.
Note     •     History

For the purpose of filing drilling records pursuant to Section 3735, Public Resources Code, the 60 day time limit for filing such records shall begin when the Division determines that a well is completed, idle, or plugged and abandoned.
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Section 3735, Public Resources Code.
HISTORY

1. New section filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
2. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1951. Production Reports. [Repealed]
History

HISTORY

1. Repealer filed 12-3-76 as procedural and organizational; effective upon filing (Register 76, No. 49).
§1952. Maintenance.

All wellheads, separators, pumps, mufflers, manifolds, valves, pipelines and other equipment used for the production of geothermal resources, shall be maintained in good condition in order to prevent loss of or damage to life, health, property and natural resources.
§1953. Corrosion.

All surface wellhead equipment and pipelines and subsurface casing and tubing will be subject to periodic corrosion surveillance in order to safeguard life, health, property and natural resources.
§1954. Tests.
History

(a) Requirements. The Supervisor shall require such tests or remedial work as in his or her judgment are necessary to prevent damage to life, health, property, and natural resources, to protect geothermal reservoirs from damage or to prevent the infiltration of detrimental substances into underground or surface water suitable for agricultural, industrial, municipal, or domestic purposes, to the best interest of the neighboring property owners and the public.
(b) Types of Tests.
(1) Casing Tests
(A) Spinner surveys
(B) Wall thickness
(C) Lap
(D) Pressure
(E) Radioactive tracer surveys
(2) Cementing Tests
(A) Cementing of casing
(B) Pumping of plugs
(C) Hardness of plugs
(D) Depths of plugs
(3) Equipment Tests
(A) Gauges
(B) Thermometers
(C) Surface facilities, lines, vessels, etc.
(D) Blowout-prevention equipment. BOPE inspections and/or tests are normally performed on all drilling wells. The Supervisor requires that the blowout-prevention equipment be tested prior to drilling out the shoe of the surface casing. A Division engineer must be contacted to witness a pressure test of each preventer of the well prior to drilling out the shoe of the surface casing.
HISTORY

1. Change without regulatory effect amending subsection (a) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
2. Change without regulatory effect amending subsections (a) and (b)(3)(D) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1954.1. Right of Entry. [Repealed]
History

HISTORY

1. Change without regulatory effect repealing section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
Article 6. Injection
§1960. Definition.
History

Injection wells are those used for the disposal of waste fluids, the augmentation of reservoir fluids, pressure maintenance of reservoirs or for any other purpose authorized by the Supervisor. New wells may be drilled and/or old wells may be converted for water injection or disposal service. Notices, bonds and fees are required for drilling or conversion as stated in Article 3.
HISTORY

1. Editorial correction of article heading (Register 98, No. 4).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1961. Projects.
History

Following is an outline which sets forth the requirements for initiating an injection project. Data and exhibits need only extend or cover the injection zone and zones which will possibly be affected by an injection project:
(a) Letter setting forth the entire plan of operations, which should include:
(1) Reservoir conditions.
(2) Method of injection: through casing, tubing, or tubing with a packer.
(3) Source of injection fluid.
(4) Estimates of daily amount of water to be injected.
(b) Map showing contours on a geologic marker at or near the intended zone of injection.
(c) One or more cross sections showing the wells involved.
(d) Analyses of fluid to be injected and of fluid from intended zone of injection.
(e) Copies of letter or notification sent to neighboring operators if deemed advisable by the Supervisor.
HISTORY

1. Change without regulatory effect amending subsection (e) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1962. Project Approval.
History

A written approval of a project will be sent to the operator and such approval will contain those provisions specified by the Division as necessary for safe operations. Injection shall not commence until approval has been obtained from the Division.
HISTORY

1. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1963. Notice to Drill New Well or Convert Existing Well.
Note     •     History

Prior to the operator doing work on a well, the appropriate notices must be approved by the Division. Proposals to drill new wells for injection purposes shall be filed on the Division form entitled Notice of Intention to Drill New Well (OGG 105). Proposals to convert existing wells shall be filed on the Division form entitled Rework/Supplementary Notice.
Bonds and fees are required for all proposed wells. The bonds and fees for an injection well are the same as those required for a development well.
Injection wells shall conform to the Division's spacing regulations.
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3712, 3723, 3724, and 3725, Public Resources Code.
HISTORY

1. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1964. Subsequent Work.
Note     •     History

A Rework/Supplementary Notice is required for any subsequent work that alters the well casing(s) or changes the use of the well as provided in Section 1966(f).
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3724, 3724.2, 3724.3, Public Resources Code.
HISTORY

1. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
§1965. Injection Reports. [Repealed]
History

HISTORY

1. Repealer filed 12-3-76 as procedural and organizational; effective upon filing (Register 76, No. 49).
§1966. Surveillance.
Note     •     History

(a) Surveillance of waste water disposal or injection projects is necessary on a continuing basis to establish to the satisfaction of the Supervisor that all water is confined to the intended zone of injection.
(b) When an operator proposes to drill an injection well, convert a producing or idle well to an injection well, or rework an injection well and return it to injection service, the operator shall be required to demonstrate complete casing integrity to the Division by means of a specific test.
(c) To establish the integrity of the casing and the annular cement above the shoe of the casing, within 30 days after injection is started into a well, the operator shall make sufficient surveys to demonstrate that all the injected fluid is confined to the intended zone of injection. Thereafter, such surveys shall be made at least every two years, or more often if ordered by the Supervisor or his or her representative. All such surveys shall be witnessed by a Division engineer.
(d) After the well has been placed on injection, a Division inspector shall visit the well site periodically. At these times, surface conditions shall be noted and, if any unsatisfactory conditions exist, the operator shall be notified of required remedial work. If this required work is not performed within 90 days, the approval issued by the Division shall be rescinded. The Supervisor may order that the repair work be done immediately if it is determined that damage is occurring at a rapid rate.
(e) Injection pressures shall be recorded and compared with the pressures reported on the monthly injection reports. Any discrepancies shall be rectified immediately by the operator. A graph of pressures and rates versus time shall be maintained by the operator. Reasons for anomalies shall be promptly ascertained. If these reasons are such that it appears damage is being done, approval by the Division may be rescinded, and injection shall cease.
(f) When an injection well has been idle for two years, the Division may inform the operator, by letter, that approval for use of the well for injection purposes is rescinded. If the operator intends to reclaim the well for injection purposes, a Rework/Supplementary Notice shall be filed proposing to demonstrate by specified tests that the injected fluid will be confined to the intended zone of injection.
NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Section 3712, Public Resources Code.
HISTORY

1. Amendment filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
2. Change without regulatory effect amending subsection (c) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1967. Abandonment. [Repealed]
Note     •     History

NOTE

Authority cited: Section 3714, Public Resources Code. Reference: Sections 3712, 3729, and 3740, Public Resources Code.
HISTORY

1. Amendment filed 12-3-76 as procedural and organizational; effective upon filing (Register 76, No. 49).
2. Repealer filed 8-16-79; effective thirtieth day thereafter (Register 79, No. 33).
Article 7. Subsidence
§1970. Responsibility.
History

The prime responsibility for subsidence detection and abatement in geothermal areas in the State of California lies with the Division of Oil, Gas, and Geothermal Resources.
HISTORY

1. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1971. Imperial Valley Subsidence Regulations.
History

(a) Surveys and Bench Marks.
(1) Subsidence bench marks, at wellsites, tied to existing first- and/or second-order networks, are required for all wells that will be tested or produced. These bench marks shall be the responsibility of and at the expense of the operator. Surveys shall precede extensive production testing of the well.
(2) All survey work shall be coordinated with the County Surveyor. 
(3) All work shall be done under the direct supervision of a Registered Civil Engineer or Licensed Land Surveyor.
(4) An adequate series of bench marks shall be set as required by the Division and shall be tied to existing survey nets.
(5) All field work, computations, etc., shall conform to National Geodetic Survey (N.G.S.) standards. Refer to “Manual of Geodetic Leveling” (1948).
(6) All surveys shall be second-order or better.
(7) All single-point tie-ins shall be double-run. Survey loops between two points on existing surveys may be single-run.
(8) Equipment shall be equal to or better than that accepted by the N.G.S. for second-order surveys. The N.G.S. procedures shall be followed.
(9) Types of acceptable bench marks are:
(A) Brass rod driven to refusal or 9 meters (about 30 feet) and fitted with an acceptable brass plate.
(B) Permanent structure (head walls, bridges, etc.) with installed plate.
(10) Bench marks at wellsites shall be situated so as to minimize the possibility of being destroyed during any subsequent work-over activity at the wells. Each bench mark shall be well marked so as to be plainly visible to work-over crews.
(11) Between the wellsite and the network, bench marks shall be set at one-half mile intervals or as specified by the Division.
(12) Surveys shall be run annually by and at the expense of the operator while well(s) are being produced unless otherwise specified by the Division.
(13) The adjusted data from all surveys shall be submitted to the Division within 60 days after leveling is completed.
(14) Resurveys of the first- and second-order networks shall be coordinated by the Division.
(b) Reservoir Engineering.
(1) Initial bottom-hole pressures and temperatures (allowing a minimum of one month static time) shall be submitted to the Division within thirty (30) days of completion of work.
(2) All preliminary test data shall be submitted to the Division within 30 days of completion of the tests.
(3) Monthly surface recordings of production, injection, temperature, and pressure shall be reported to the Division on the appropriate forms.
(4) Periodic development and review meetings between operators and the Division shall be required (at least one per year).
HISTORY

1. Amendment of subsection (b)(1) filed 8-13-76 as procedural and organizational; effective upon filing (Register 76, No. 33).
2. Change without regulatory effect amending subsections (a)(5) and (a)(8) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
Article 8. Plugging and Abandonment
§1980. Objectives.
History

The objectives of abandonment plugging are to block interzonal migration of fluids so as to:
(a) Prevent contamination of the fresh waters or other natural resources.
(b) Prevent damage to geothermal reservoirs.
(c) Prevent loss of reservoir energy.
(d) Protect integrity of reservoirs.
(e) Protect life, health, environment and property.
HISTORY

1. Change without regulatory effect amending article 8 heading filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1981. General Requirements.
History

The following are general requirements which are subject to review and modification for individual wells or field conditions. The Division may require the witnessing of any or all of the field operations listed below.
(a) Notice of Intention to plug and abandon Geothermal Resources Well, is required for all wells.
(b) History of Geothermal Resources Well shall be filed within 60 days after completion of the plugging and abandonment.
(c) The Division's Report of Well plugging and abandonment, will not be issued until all records have been filed and the site inspected for final cleanup by a Division engineer.
(d) Subsequent to the plugging and abandonment of the hole, all casings shall be cut off at least 2 meters (6 feet) below the surface of the ground, all concrete cellars and other structures shall be removed, and the surface location restored, as near as practicable, to original conditions. The landowner has the option to assume legal responsibility for a well; however, to do so he or she must have legal clearance from the Division.
(e) Good quality, heavy drilling fluid approved by the Supervisor shall be used to replace any water in the hole and to fill all portions of the hole not plugged with cement.
(f) All cement plugs, with the possible exception of the surface plug, shall be pumped into the hole through drill pipe or tubing.
(g) All open annuli shall be filled solid with cement to the surface.
HISTORY

1. Amendment of subsection (b) filed 12-3-76 as procedural and organizational; effective upon filing (Register 76, No. 49).
2. Change without regulatory effect amending subsections (a)-(d) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
3. Change without regulatory effect amending first paragraph and subsections (c)-(e) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1981.1. Exploratory Well Requirements (No Production Casing).

(a) Base of fresh waters--a minimum of 30 meters (about 100 feet) of cement straddling the interface or transition zone whether behind casing or uncased.
(b) Shoe plug (all casing, including conductor pipe)--straddle with 30 meters (about 100 feet) of cement.
(c) Where the well has been drilled with air, a bridge plug shall be placed at the shoe of the surface casing and the bridge plug shall be capped with at least 60 meters (about 200 feet) of cement.
(d) Surface plug--15 meters (about 50 feet) minimum. May be either neat cement or concrete mix.
§1981.2. Cased Wells.
History

Cased exploratory, uncompleted development, former producing and injection wells.
(a) Geothermal zones--uncased or perforated. Cement plugs shall extend from the bottom of the zone or perforations to 30 meters (about 100 feet) over the top of the zone or perforations.
(b) Liners. Cement plugs shall be placed from 15 meters (about 50 feet) below to 15 meters (about 50 feet) above liner tops.
(c) Casing may be salvaged within protection, if first approved by the Division. A minimum overlap of 15 meters (about 50 feet) is required.
(d) Casing stubs and laps. Cement plugs shall be placed, if possible, from 15 meters (about 50 feet) below to 15 meters (about 50 feet) above top of casing. If unable to enter stub or lap, 30 meters (about 100 feet) of cement shall be placed on the top of the stub or lap.
(e) Fish, collapsed pipe, etc. Cement plugs shall be squeezed, with the use of a retainer or bradenhead, with sufficient cement to fill across the production zone or perforations and to 30 meters (about 100 feet) above the zone or perforations.
(f) Base of fresh waters--a minimum of 30 meters (about 100 feet) of cement straddling the interface or transition zone, whether behind casing or uncased.
(g) Shoe plug (all casing, including conductor pipe)--straddle with 30 meters (about 100 feet) of cement.
(h) Where the well has been drilled with air, a bridge plug shall be placed at the shoe of the surface casing and the bridge plug shall be capped with at least 60 meters (about 200 feet) of cement.
(i) Surface plug--15 meters (about 50 feet) minimum. May be either neat cement or concrete mix.
HISTORY

1. Change without regulatory effect amending subsections (b) and (d) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
2. Change without regulatory effect amending subsection (c) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1982. Abandonment of Deserted Well. [Repealed]
History

HISTORY

1. Repealer filed 12-3-76 as procedural and organizational; effective upon filing (Register 76, No. 49).
Article 9. Complaints and Appeals [Repealed]
HISTORY

1. Change without regulatory effect repealing article 9 (sections 1990-1993) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
Subchapter 5. Disclosure and Inspection of Public Records
Article 1. General
§1995. Purpose.
Note     •     History

The purpose of this subchapter is to set forth the rules and regulations governing the disclosure and inspection of well records on file with the Division of Oil, Gas, and Geothermal Resources as provided for in Sections 3234 and 3752, Division 3 of the Public Resources Code.
NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code; and Section 6253(a), Government Code. Reference: Sections 3234(a) and 3752, Public Resources Code.
HISTORY

1. New Subchapter 5 (Sections 1995, 1995.1-1995.3, 1996, 1996.1-1996.10, 1997, 1997.1-1997.5, 1998, 1998.1, 1998.2) filed 5-28-76; designated effective 7-1-76 (Register 76, No. 22).
2. Amendment of NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
3. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1995.1. Policy.
Note     •     History

The policy of the Division is to make all well records that are open to public inspection readily available to the public. Upon request by any person, identifiable public records shall be made available for inspection and copying as provided for in this subchapter.
NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(a) and 3752(a), Public Resources Code; and Sections 6256 and 6257, Government Code.
HISTORY

1. New Note filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
2. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1995.2. Scope of Regulations.
Note     •     History

These regulations shall apply to all records on file at every office of the Division of Oil, Gas, and Geothermal Resources as defined in Section 1996.1 of this subchapter.
NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234 and 3752, Public Resources Code.
HISTORY

1. New NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
2. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1995.3. Effective Date. [Repealed]
History

HISTORY

1. Repealer filed 9-27-76 as an emergency; effective upon filing (Register 76, No. 40).
2. Certificate of Compliance filed 12-3-76 (Register 76, No. 49).
Article 2. Definitions
§1996. General.
Note     •     History

The following words or terms used in this subchapter, unless otherwise defined, shall have the meaning ascribed to them in this article.
NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(a) and 3752(a), Public Resources Code.
HISTORY

1. New NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
§1996.1. Records.
Note     •     History

“Records” mean all of the well records filed pursuant to Division 3, Chapters 3 or 4 of the Public Resources Code, including production and injection reports of the wells of any owner or operator, except experimental logs, experimental tests, or interpretive data as defined in this article.
NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(a) and 3752(a), Public Resources Code.
HISTORY

1. Amendment filed 9-27-76 as an emergency; effective upon filing (Register 76, No. 40).
2. Certificate of Compliance filed 12-3-76 (Register 76, No. 49).
3. New NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
§1996.2. Confidential Status. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code.
HISTORY

1. Amendment filed 9-27-76 as an emergency; effective upon filing (Register 76, No. 40).
2. Certificate of Compliance filed 12-3-76 (Register 76, No. 49).
3. Repealer filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
§1996.3. Experimental Log and Experimental Test.
Note     •     History

“Experimental log” or “experimental test” means a log or test that is not generally available to all operators, or that is run to evaluate whether such log or test is an effective, workable, and valid engineering or geologic tool. A log or test that is not generally available to all operators is one that is not listed in the pricing schedules, nor offered as a routine service, by established logging companies.
NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(d) and 3752(c), Public Resources Code.
HISTORY

1. New NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
§1996.4. Interpretive Data.
Note     •     History

“Interpretive data” mean geologic and engineering data, from an owner or operator, that are derived from raw data by means of professional study and interpretation.
“Interpretive data” include, but are not limited to: geologic cross sections, subsurface contour maps, surface geologic maps, oil and gas reserve calculations, and paleontologic reports.
NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(d) and 3752(c), Public Resources Code.
HISTORY

1. New NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
§1996.5. Offshore Well.
Note     •     History

“Offshore well” as related to well records means a well that is identified by a specific API numbering system used to classify offshore wells.
NOTE

Authority cited: Section 3013, Public Resources Code. Reference: Section 3234(a), Public Resources Code.
HISTORY

1. Amendment filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
§1996.6. Well.
Note     •     History

“Well” means an original hole, or a subsequent deepening or redrilling thereof, carried out after completion of the original drilling operation. The records of all holes drilled during the course of a single drilling operation or shallow geothermal observation well program shall be considered as records of a single well for purposes of this subchapter.
NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(a) and 3752(a), Public Resources Code.
HISTORY

1. Repealer and new section filed 9-27-76 as an emergency; effective upon filing (Register 76, No. 40).
2. Certificate of Compliance filed 12-3-76 (Register 76, No. 49).
3. Amendment filed 12-3-76 as an emergency; effective upon filing. Certificate of Compliance included (Register 76, No. 49).
4. New NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
§1996.7. Date of Cessation of Drilling Operations.
Note     •     History

“Date of cessation of drilling operations” means the date on which any or all equipment or machinery necessary for carrying out a drilling operation is removed from the well site.
NOTE

Authority cited: Section 3013, Public Resources Code. Reference: Section 3234(e), Public Resources Code.
HISTORY

1. Repealer and new section filed 9-27-76 as an emergency; effective upon filing (Register 76, No. 40).
2. Certificate of Compliance filed 12-3-76 (Register 76, No. 49). 
3. New NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
§1996.8. Date of Abandonment.
Note     •     History

“Date of abandonment” means the date on which, in the judgment of the Supervisor, the plugging for the purpose of abandonment is completed or virtually completed.
NOTE

Authority cited: Section 3712, Public Resources Code. Reference: Section 3752(a), Public Resources Code.
HISTORY

1. Repealer and new section filed 9-27-76 as an emergency; effective upon filing (Register 76, No. 40).
2. Certificate of Compliance filed 12-3-76 (Register 76, No. 49).
3. New Note filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
4. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1996.9. Extenuating Circumstances.
Note     •     History

“Extenuating circumstances” mean conditions, beyond the control of the owner or operator, which have prevented the owner or operator from utilizing the competitive advantage from the information obtained from a well. “Extenuating circumstances” include, but are not limited to, the following:
(a) Active competitive leasing or mineral rights sales in the immediate vicinity of the well;
(b) Governmental or judicial action delaying oil, gas, or geothermal development;
(c) Natural disasters; or
(d) Scarcity of materials and equipment.
NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(a) and 3752(a), Public Resources Code.
HISTORY

1. New NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
§1996.10. Applicant.
Note     •     History

“Applicant” means any person requesting permission to inspect and/or copy records on file with the Division of Oil, Gas, and Geothermal Resources.
NOTE

Authority cite: Sections 3013 and 3712, Public Resources Code. Reference: Section 6250, Government Code.
HISTORY

1. New NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
2. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
Article 3. Status Determination
§1997. General.
Note     •     History

All records filed with the Division of Oil, Gas, and Geothermal Resources, including records filed before July 1, 1976, are public records and are open for inspection and copying, except those records maintained in confidential status pursuant to Sections 3234 or 3752, Division 3 of the Public Resources Code.
NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections3234(a) and 3752(a), Public Resources Code.
HISTORY

1. Amendment filed 9-27-76 as an emergency; effective upon filing (Register 76, No. 40).
2. Certificate of Compliance filed 12-3-76 (Register 76, No. 49). 
3. New NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
4. Change without regulatory effect amending section filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
§1997.1. Request for Confidential Status.
Note     •     History

(a) A request for confidential status pursuant to Sections 3234 or 3752, Division 3, Public Resources Code, must be filed prior to or at the time the records subject to said request are filed, and shall not apply retrospectively to portions of a well record already on file with the Division for which confidential status had not been requested. Said request shall be made in writing to:
(1) The district deputy of the district in which the well is located, for an onshore oil or gas well (see map titled “Oil and Gas District Boundaries of the Division of Oil, Gas, and Geothermal Resources”);
(2) The district geothermal office for a geothermal well (see map  titled “Geothermal District Boundaries of the Division of Oil, Gas, and Geothermal Resources”);
Such request shall be signed by a representative of the company.
(b) If the Supervisor fails to reply to a request for confidential status within twenty (20) working days from the date of receipt of such request, the request shall be deemed approved.
(c) Records that are the subject of a request for confidential status shall be retained in confidential status after receipt of the request until their status is determined by the Supervisor.
NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(a) and 3752(a), Public Resources Code.
HISTORY

1. Amendment filed 9-27-76 as an emergency; effective upon filing (Register 76, No. 40).
2. Certificate of Compliance filed 12-3-76 (Register 76, No. 49).
3. Amendment of subsection (a) filed 12-3-76 as an emergency; effective upon filing. Certificate of Compliance included (Register 76, No. 49).
4. Amendment of subsection (a) filed 2-13-81 as procedural and organizational; effective upon filing (Register 81, No. 7).
5. Amendment of NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
6. Change without regulatory effect amending subsections (a)(1)-(3) filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
7. Change without regulatory effect repealing and adopting new Maps 1 and 2 filed 4-8-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 15).
8. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1997.2. Request for Extension of Confidential Status.
Note     •     History

(a) A request for extension of confidential status pursuant to Sections 3234 or 3752, Division 3, Public Resources Code, shall be made in writing to the appropriate party, as indicated in Section 1997.1 of this article; shall document extenuating circumstances; and shall be signed by a representative of the company.
(b) If the Supervisor fails to reply to a request for extension of confidential status within twenty (20) working days from the date of receipt of such request, the request shall be deemed approved.
(c) Records that are the subject of a request for extension of confidential status shall be retained in confidential status after receipt of the request until their status is determined by the Supervisor.
NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(a) and 3752(a), Public Resources Code.
HISTORY

1. Amendment filed 9-27-76 as an emergency; effective upon filing (Register 76, No. 40).
2. Certificate of Compliance filed 12-3-76 (Register 76, No. 49).
3. New NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
4. Change without regulatory effect amending subsections (b)-(c) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1997.3. Classification As Experimental Log or Experimental Test.
Note     •     History

(a) The Supervisor shall not consider a log or test for classification as experimental unless the owner or operator requests that such log or test be classified as experimental at the time of filing of the log or test with the Division. Such request shall be made in writing to the appropriate party, as indicated in Section 1997.1 of this article; shall contain justification for the request; and shall be signed by a representative of the company.
(b) If the Supervisor fails to reply to a request for experimental status within twenty (20) working days from the date of receipt of such request, the request shall be deemed approved.
(c) A log or test that is the subject of a request for classification as experimental shall be retained in confidential status after receipt of the request until the Supervisor determines whether it is experimental.
(d) The Supervisor may review the experimental classification of logs and tests to determine if the classification remains appropriate. If technological advances or other factors indicate the experimental classification should be withdrawn, thus revoking confidential status, the Supervisor shall notify the operator of this decision. If no written appeal is made pursuant to section 1997.5 of this article, the Supervisor may open the log or test data to public review.
NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(d) and 3752(c), Public Resources Code.
HISTORY

1. Amendment filed 9-27-76 as an emergency; effective upon filing (Register 76, No. 40).
2. Certificate of Compliance filed 12-3-76 (Register 76, No. 49).
3. Amendment of subsection (a) filed 12-3-76 as an emergency; effective upon filing. Certificate of Compliance included (Register 76, No. 49).
4. New NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
5. New subsection (d) filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
6. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1997.4. Classification As Interpretive Data.
Note     •     History

(a) An owner or operator may request that certain data filed with the Division be classified as interpretive; however, in the absence of such request, the Supervisor may classify data as interpretive.
(b) A request for classification of data as interpretive must be made at the time of filing of the data with the Division. Such request shall be made in writing to the appropriate party, as indicated in Section 1997.1 of this article; shall contain justification for the request; and shall be signed by a representative of the company.
(c) If the Supervisor fails to reply to a request for interpretive status within twenty (20) working days from the date of receipt of such request, the request shall be deemed approved.
(d) Data that are the subject of a request for classification as interpretive shall be retained in confidential status after receipt of the request until the Supervisor determines whether they are interpretive.
(e) The Supervisor may review the confidential status of interpretive data after a period of five years. The data shall remain confidential unless the Supervisor demonstrates that the data does not warrant classification as interpretive data. The Supervisor shall notify the operator of this decision. If no written appeal is made pursuant to section 1997.5 of this article, the Supervisor may open the interpretive data to public review.
NOTE

Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(d) and 3752(c), Public Resources Code.
HISTORY

1. Amendment filed 9-27-76 as an emergency; effective upon filing (Register 76, No. 40).
2. Certificate of Compliance filed 12-3-76 (Register 76, No. 49).
3. Amendment of subsections (a) and (b) filed 12-3-76 as an emergency; effective upon filing. Certificate of Compliance included (Register 76, No. 49).
4. New NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
5. New subsection (e) filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
6. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
§1997.5. Appeal.
Note     •     History

(a) An owner or operator may appeal to the Director of the Department of Conservation within thirty (30) days following notification of: 
(1) the denial of a request for confidential status made pursuant to Section 1997.1 of this article, or
(2) the denial of a request for extension of confidential status under Section 1997.2 of this article or 
(3) the denial of a request for, or the Supervisor's withdrawal of,  classification as an experimental log or test, or interpretive data made pursuant to Sections 1997.3 or 1997.4 of this article. Such appeal shall be made in writing, shall contain justification for the appeal, and shall be signed by the owner, operator or a representative of the company.
(b) All records that are the subject of a denial of a request for, or extension of, confidential status made pursuant to Sections 1997.1 or 1997.2 of this article, or the subject of a denial of a request for, or withdrawal of, classification as an experimental log or test, or interpretive data made pursuant to Sections 1997.3 or 1997.4 of this article shall be confidential for a period of thirty (30) days following notification of the denial or withdrawal to allow adequate time for the filing of an appeal. Records that are the subject of an appeal pursuant to this section shall be retained in confidential status pending the Director's decision on the appeal.
(c) If no written reply is made by the Director within thirty (30) days following the date of the appeal, the appeal shall be deemed denied and the records in question shall be public records.
NOTE

Authority cited: Section 6253(a), Government Code. Reference: Section 6253(a), Government Code.
HISTORY

1. Amendment filed 9-27-76 as an emergency; effective upon filing (Register 76, No. 40).
2. Certificate of Compliance filed 12-3-76 (Register 76, No. 49). 
3. New NOTE filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
4. Amendment of subsections (a)-(b), including designation of subsections (a)(1)-(3) filed 8-4-95; operative 9-3-95 (Register 95, No. 31).
5. Change without regulatory effect amending subsection (a)(3) filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).
Article 4. Disclosure Procedures
§1998. Request to Inspect and/or Copy Records. [Repealed]
Note     •     History

NOTE

Authority cited: Section 6253(a), Government Code.
HISTORY

1. Amendment of subsection (a) filed 6-19-79; effective thirtieth day thereafter (Register 79, No. 25).
2. Amendment of subsection (a) filed 2-13-81 as procedural and organizational; effective upon filing (Register 81, No. 7).
3. Repealer filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
§1998.1. Inspection and Copying of Records. [Repealed]
Note     •     History

NOTE

Authority cited: Section 6253(a), Government Code.
HISTORY

1. Repealer filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
§1998.2. Written Guidelines.
History

The Supervisor shall establish written guidelines for accessibility of public records consistent with these regulations. A copy of the guidelines shall be posted in a conspicuous public place at the offices of the Division and thereafter be available free of charge to any person.
HISTORY

1. Change without regulatory effect amending “Geothermal District Boundaries and Offices” maps filed 9-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 36).
2. Change without regulatory effect repealing and adopting new Maps 1 and 2 filed 4-8-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 15).
3. Change without regulatory effect amending section filed 12-26-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 52).

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Chapter 5. Division of Recycling
Subchapter 1. 
§2000. Definitions.
Note     •     History

(a) In addition to the definitions provided in the California Beverage Container Recycling and Litter Reduction Act, except for subdivisions (a)(3.1), (10), (20), (21), (35), (37), (38), (40) and (42) below which modify definitions in the Act for purposes of these regulations, the following definitions shall apply whenever the terms are used in this chapter.
(1) “Act” means the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 of the Public Resources Code).
(2) “Administrative Costs” means the cost of recordkeeping and accounting required of curbside programs, distributors, recycling centers and processors to comply with the requirements of the Act and these regulations.
(2.1) “Amended Processor Invoice” means an invoice submitted by a processor correcting an original report that has been processed and paid.
(2.2) “Amended Shipping Report” means a shipping report submitted by a processor correcting an original shipping report that has been processed and paid.
(2.5) “Alternative Methodology” means an individual commingled rate survey methodology, which either employs the Division's methodology with variations or creates a proposed methodology for the dropoff or collection, community service or curbside programs to arrive at an individual commingled rate.
(3) “Applicant” means the person(s) who has authority to legally bind the operator to a contract.
(3.1) “Beneficiating Processor” means any processor certified by the department who sells cullet to another certified processor or to a glass container manufacturer during the three months preceding the month in which scrap value data is reported to the Division and who beneficiates purchased cullet so that the cullet either:
(A) meets the American Society for Testing and Materials (ASTM) standard specification for waste glass as a raw material for the manufacture of glass containers [E708-79 (Reapproved 1988) Standard Specification for Waste Glass As A Raw Material For The Manufacture of Glass Containers. Current Edition Approved Nov. 30, 1979: published January 1980, see appendix A]; or,
(B) is free from nonglass contaminants and non-container glass compositions, cleansed, crushed to size, free-flowing with minimum water content, absent of hazardous material residue and passes furnace ready sampling and testing methods of a purchasing glass container manufacturer.
(C) Notwithstanding, the other provisions of this section, any certified processor shall not be considered a beneficiating processor if fifty percent (50%) or more of the cullet purchased by that processor during the survey month in which the scrap value data is reported was purchased as beneficiated cullet.
(3.2) “Beverage manufacturer” shall have the same definition as provided in Public Resources Code section 14506, and “any person . . . who imports”, as provided in that section, shall include, in the following order of preference:
(A) Any consignee of filled beverage containers brought into this State from without this State, when the filled beverage containers are for delivery, use, or sale within this State.
(B) Any person or entity to whom delivery is first made in this State of filled beverage containers brought into this State from without this State, when the filled beverage containers are for delivery, use, or sale within this State.
(C) Any person or entity bringing filled beverage containers into this State from without this State which are not consigned to any person, when the filled beverage containers are for delivery, use, or sale within this State.
(4) “Cancellation” means the act of removing the refund value of an empty beverage container by any of the following actions:
(A) Aluminum empty beverage containers shall be deemed cancelled when such containers can no longer be physically reconstituted or distinguished as container units. Except as provided in section 2110(b), this may be accomplished by shredding or densification to thirty pounds per cubic foot or more.
(B) Glass empty beverage containers shall be deemed cancelled when such containers have been substantially cleaned of non-glass contaminants and they are crushed size in such a manner as to be acceptable without further processing by a willing user.
(C) Plastic empty beverage containers shall be deemed cancelled when the original form has been so altered as to make its reconstitution physically impossible.
(D) Bimetal empty beverage containers shall be deemed cancelled by densification sufficient to ensure that separation of a single container is no longer possible, or by shredding, milling, or nuggeting.
(E) Any empty beverage container shall be deemed cancelled when it is permanently exported from the State and export verified in accordance with subsections 2420(d)(1), (2) and (3) of these regulations provided that, if aluminum beverage containers, they are first densified to no less than 15 pounds per cubic foot, or shredded.
(F) Any empty beverage container shall be deemed cancelled when it is delivered to a location of end use and the delivery verified in accordance with subsections 2420(d)(1), (2) and (3) of these regulations provided that the following requirements are met:
1. aluminum beverage containers are first densified to not less than 15 pounds per cubic foot, or shredded.
2. glass beverage containers are delivered to a location of end use, which includes a beneficiating processor, as defined in Public Resources Code section 14503.6.
(5) “Category” means the classification of operation, i.e., processor, recycling center, grandfathered recycling center, dropoff or collection program, or community service program.
(6) “Certificate” means the official document issued by the Division which identifies an operator of a recycling center, dropoff or collection program, community service program or processing facility as meeting the requirements for certification by the Division.
(7) “Certified” means an operator of a recycling center, dropoff or collection program, community service program or processing facility has met the minimum requirements established by the Division to receive the certificate defined in (6) above.
(8) “Certification Sign” means a sign or decal issued by the Division for display which identifies the operator of a recycling center as meeting the requirements for certification by the Division.
(9) “Clearly and Prominently” means that the redemption message is displayed so that it is easily found and read by consumers and recyclers. Each letter comprising the message is complete, legible, and cannot be readily obscured. Other factors include boldness, width, spacing, and location of lettering. The message must be distinguishable from refund messages of other states.
(9.5) “Close proximity” means the area within, or adjacent to, a convenience zone, as determined by the Division on a case-by-case basis considering geographic and demographic factors, and consumer convenience.
(10) “Commingled” means a mix of empty beverage containers and other containers of the same material type. Any broken glass empty beverage container(s) purchased from consumers, dropoff or collection programs, or community service programs shall be deemed commingled. Any broken or partial beverage container(s) or rejected, line breakage or out-of-state containers shall not be included when performing a survey methodology to arrive at an individual commingled rate or statewide average commingled rate. Dropoff or collection, curbside and community service programs' individual commingled rate shall be determined pursuant to subsection 2620 through 2645, 2660 through 2685, and 2720 through 2745, respectively. The statewide average commingled rates shall be determined by the Division pursuant to subsections 2900(a)(1)(B) and section 2930 of these regulations.
(11) “Community Service Program” means a program, certified by the Division, which does not pay refund value and accepts or collects empty beverage containers at a specific location or locations and meets one of the following criteria:
(A) The program is organized under Section 501(c) or 501(d) of the Internal Revenue Code [26 U.S.C. 501(c) and 501(d)], or
(B) The program is a charitable group organized under Section 23701 of the California Revenue and Taxation Code, or
(C) The program is operated by, or caused to be operated by, a city, county or other public agency.
(11.1) “Consolidated Shipping Report” documents the delivery and receipt of material for processors or recycling centers that operate multiple recycling centers or receive material from dropoff or collection programs, community service programs, or curbside programs and is prepared pursuant to subsection 2090(f) of these regulations.
(12) “Contrasting Colors” as used in reference to the redemption message lettering means a clear differentiation in hue, value, and intensity with the background on which the redemption message appears, surrounding artwork, and other nearby printed information.
(13) “Days” means all calendar days unless provided otherwise.
(14) “Delivered” or “Delivery”, as used in subchapters 5 & 6 of these regulations, means physically taking possession of the material.
(15) “Dual Certified Entity” means any person who is certified as a processor and also a recycling center at the same location as the processor.
(16) “Densification” means the process of compressing material for the purpose of increasing the weight to volume ratio.
(17) “Disposal Cost” means the transportation cost for hauling postfilled beverage container types to a state-permitted disposal site (landfill, incinerator, or other type of state-permitted site), plus the specified disposal fee.
(18) “Division” means the Division of Recycling which is within the Department of Conservation.
(19) (Reserved)
(20) “Dropoff or Collection Program” means a recycling program which does not pay refund value and accepts or collects empty beverage containers, and which cannot qualify as a curbside program as defined in Section 14509.5 of the Act. “Dropoff or Collection Program” also means a program which separates recyclables from mixed municipal waste. “Dropoff or Collection Program” does not mean a program which accepts or collects recyclable materials which have already been separated from mixed municipal waste. Dropoff or Collection Program includes a Neighborhood Dropoff Program which meets all of the criteria in Section 14514.4.1 of the Act.
(21) “Empty Beverage Container” means a beverage container which meets all the requirements in Section 14512 of the Act except that such term does not include refillable beverage containers.
(22) “Exemption” means an exclusion to the requirement that a recycling center must be established in a convenience zone.
(22.5) “Exempt convenience zone” or “Exempt zone” means a convenience zone which has been granted an exemption pursuant to Section 14571.8 of the Act.
(23) “Exporting” means the act of sending a filled or unfilled empty beverage container or empty beverage container component permanently out of this State.
(24) “Facility” means a recycling or processing operation that has been built, installed or established to serve as a collection or processing point for redeemable beverage containers.
(25) “Grandfathered” is a term which refers to recycling centers that meet the requirements of section 2500(c) of these regulations.
(26) “Importing” means the act of bringing into this State a filled or unfilled empty beverage container or empty beverage container component.
(27) “Indelibly” means that the redemption message is permanently affixed on the beverage container from the point of purchase until the point of redemption and cannot be smeared or removed during regular use.
(27.1) “Individual Commingled Rate” means a commingled rate approved by the Division which is applicable to dropoff or collection, community service, or curbside programs, which have obtained prior approval from the Division.
(27.5) “Interested person” means a supermarket, dealer, certified recycling center, person with a pending certification application, located in or in close proximity to the zone under consideration for an exemption or revocation of an exemption, or a local government agency with jurisdiction over the area where the zone under consideration for an exemption or revocation is located.
(27.6) “Line Breakage,” for purposes of these regulations, means preconsumer material that is recycled or disposed of by a container manufacturer, beverage manufacturer, distributor, or dealer.
(27.7) “Letter of Denial” (LED) means a notice sent to program participants denying requests to conduct an individual commingled rate survey or denying approval of an individual commingled rate, or revoking an individual commingled rate for reason(s) indicated in the LED.
(28) “Location” means the street address where the facility operates.
(29) “Location of End Use” means the place where beverage containers or materials are physically reconstituted for purposes other than sorting, shredding, stripping, compressing, storing, landfilling, disposing, or other activities which do not result in recycling.
(29.5) “Low volume” means an average monthly volume, as defined at Section 14503.5 of the Act, which is less than the statewide average monthly volume of recycling centers in convenience zones. Average monthly volumes shall be calculated annually and shall apply during the calendar year immediately following the calculation.
(30) “Material” means the physical substance used to manufacture a beverage container or food and drink package including, but not limited to, aluminum, bimetal, glass, and plastic.
(30.7) “Milk” means the lacteal secretion which is obtained from the udder of a cow or goat.
(31) “Minimum Lettering Size” is applicable to the height of all the letters in the redemption message.
(32) “Nonaffiliated seller” means any person who sells scrap beverage container material types to a certified processor and is neither owned nor managed in common with such processor.
(32.4) “Notice of Denial” (NOD) means a notice sent to program participants denying requests for program payments, including handling fees, for reason(s) indicated on the notice. Handling fee notices will be sent for each denied site and will explain why the site was denied during a particular month.
(33) “Operator” means the person(s) or entity who has ultimate responsibility for a recycling facility, processing facility, dropoff or collection program, or community service program.
(34) “Person” means an individual, corporation, operation, or other entity, regardless of its form, subject to the Act.
(35) “Processor” means any person, including a scrap dealer, who purchases or offers to purchase empty beverage containers from more than one recycling center in this state and is responsible for cancelling empty beverage container(s) in a manner prescribed in section 2000(a)(4) of these regulations.
(35.1) “Processor Invoice” means the report required in section 2425 of these regulations which the Department uses to determine payment to a certified processor.
(36) “Public Agency” means the city, county, district or other government entity which operates a curbside program or which has the authority to approve or acknowledge the operation of a curbside program.
(36.5) “Recycling Center” means those operations defined in Section 14520 of the Act and includes “Nonprofit Convenience Zone Recycler” as defined in Section 14514.7 of the Act and “Rural Region Recycler” as defined in Section 14525.5.1 of the Act.
(37) “Redeem” means to return an empty beverage container which bears the message as required in Section 14561 of the Act to a certified recycling or processing facility and receive refund value for the container.
(38) “Redeemable Beverage Container” means a container which bears the message as required in Section 14561 of the Act and has an established refund value.
(39) “Redemption Weight” is the weight of empty California redemption-labeled beverage containers.
(40) “Refund Value” means, in addition to the definition provided in Section 14524 of the Act, any amount paid by a noncertified recycler, dropoff or collection program, or community service program, or any payments received by a noncertified recycler, in excess of:
(A) For aluminum, the scrap price as listed in the American Metal Market publication.
(B) For glass, plastic and bimetal, the portion of the processing payment which are the costs for the recycler, as determined by the Division pursuant to Section 14575 of the Act.
(41) “Rejected Container” means a California redemption-labeled beverage container, which a container manufacturer or beverage manufacturer elects to recycle or dispose of without paying any applicable processing fee, or which a distributor elects to recycle or dispose of without paying the redemption payment. “Rejected containers” includes container tops, lids, or other components which bear the message as required in Section 14561 of the Act.
(41.05) “Representation of Materials” means a typical collection of commingled container materials, of the same material type, representing a ratio of empty beverage containers and all other containers collected by the program and surveyed by the operator to determine an individual commingled rate for dropoff or collection, community service, or curbside programs.
(41.1) “Rural Region” means a non-urban area identified by the Division on an annual basis using Farmers Home Administration criteria. Such criteria for area include, but are not limited to, places, open country, cities, towns, or census designated places with populations less than 10,000. Areas with populations between 10,000 and 50,000 may be designated as rural unless identified as part of, or associated with, urban areas, as determined by the Department on a case by case basis.
(41.2) “Scrap”, for purposes of these regulations, is any recyclable container, including food or drink packaging material, other beverage containers, other nonredeemable containers, out-of-state beverage containers, line breakage or rejected containers, of the same material composition as redeemable containers covered by the Act.
(42) “Scrap Value” is the total net payment per ton to any nonaffiliated sellers in each of the following categories: Certified recycling centers, dropoff or collection programs, community service programs, registered curbside programs, and certified processors, for container material types.
(43) “Segregated” means divided by material type and that such divided load consists of 100% California Refund Value material.
(44) “Shipping Report” is the documentation of the receipt of material by a processor, or by a recycling center from another recycling center, dropoff or collection program, community service program, or curbside program. The shipping report is the basis for payments by the Division pursuant to Section 14573 of the Act.
(45) “Shrinkage” means the reduced value due to contamination of empty beverage containers by dirt, moisture, or other foreign substances.
(45.5) “Signature” or “signed” means either of the following:
(A) An original handwritten signature; or
(B) An electronic signature. An electronic signature includes an electronic sound, symbol, or process attached to or logically associated with an electronic record, executed or adopted by a party with the intent to represent an original handwritten signature.
1. An electronic signature shall consist of a unique username and password or other security measures as required by the Division.
2. An electronic signature may not be denied legal effect, validity, or enforceability solely on the ground that it is electronic.
3. An electronic signature shall be binding on all persons and for all purposes under the law, as if the signature had been handwritten on an equivalent paper document.
(46) “Size” means the capacity of the beverage container in fluid ounces.
(47) “Statistical Sample” means an estimate with an 85% confidence level.
(47.1) “Supplemental Processor Invoice” means:
(A) A report to correct any shipping report(s) denied on the original processor invoice and/or
(B) A report to add any shipping report(s) to the original processor invoice for transactions that occurred within the same specific reporting period.
(47.2) “Total Net Payment”, as used in subparagraph (a)(42) of this section and section 2425, means the amount paid for the reported monthly weight after deductions (e.g., transportation service) and additions (e.g., freight allowance) pertinent to the specific sales transaction have been made. “Total net payment” includes positive, zero and negative dollar amounts, as applicable. This subsection is not intended to relieve a processor of its obligation to pay refund value, administrative and processing payments pursuant to Sections 14539(b)(3) of the Act and sections 2400 and 2430 of this chapter.
(47.3) “Urban Area” means an area identified by the Division on an annual basis using Farmers Home Administration criteria. Such criteria for area include, but are not limited to, densely settled areas of continuous residential development with minimum population of 50,000. Areas with populations less than 50,000 and greater than 10,000 may be designated as urban unless identified as part of, or associated with, rural areas, as determined by the Department on a case by case basis.
(48) “Working Days” means all days except Saturdays, Sundays, and official California State Holidays.
(49) “Zonemate” means a supermarket which lies within the boundaries of a convenience zone other than the one that it creates.
NOTE

Authority cited: Sections 14530.5(b), 14536(b) and 14536.1, Public Resources Code. Reference: Sections 14500, 14501(f), 14503, 14503.6, 14504, 14505, 14506.5, 14509.5(b), 14511.7, 14512, 14512.5, 14513, 14514.4.1, 14514.7, 14517, 14518, 14518.5, 14519.5, 14520, 14520.5, 14520.6, 14522.5, 14524, 14525.5.1, 14526, 14530, 14530.2, 14536(a), 14537, 14538, 14539, 14550, 14552, 14561, 14571.2, 14571.8(b), 14572, 14573, 14573.5, 14573.51, 14574 and 14575(a) and (b), Public Resources Code.
HISTORY

1. Renumbering and amendment of former sections 2120, 2500, 2550, and 2800 to section 2000, and amendment of existing section 2000 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Editorial correction of printing errors in subsections (a), (a)(10), (a)(33), (a)(38) and (a)(42) (Register 92, No. 13).
3. Amendment filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
4. Amendments of definitions for “Collection Program” and “Redeem” and new definition for “Location” filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
5. New subsection (a)(34.5) filed 12-26-91 as an emergency; operative 12-26-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 4-24-92 or emergency language will be repealed by operation of law on the following day.
6. Amendment filed 4-9-92 as an emergency; operative 4-9-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 8-7-92 or emergency language will be repealed by operation of law on the following day.
7. Repealer of emergency amendment filed 12-26-91 and reinstatement of prior text filed 9-22-92 by operation of Government Code section 11346.1(f) (Register 92, No. 40).
8. Emergency regulations filed 4-9-92 readopted 10-5-92; operative 10-5-92 (Register 92, No. 41). A Certificate of Compliance must be transmitted to OAL 2-2-93 or emergency language will be repealed by operation of law on the following day.
9. Emergency regulations filed 4-9-92, including amendments: new subsections (a)(3.1)-(a)(3.1)(c), amendment of subsection (a)(35), repealer and new subsection (a)(42), amendment of Note, and new Appendix A refiled 12-21-92 as an emergency; operative 12-21-92 (Register 92, No. 52). A Certificate of Compliance must be transmitted to OAL 4-22-93 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsections (a)(4)(D) and (a)(42), new subsection (a)(32.1), and amendment of Note filed 12-30-92 as an emergency; operative 12-30-92 (Register 93, No. 1). A Certificate of Compliance must be transmitted to OAL 4-29-93 or emergency language will be repealed by operation of law on the following day.
11. Editorial correction of printing error (Register 93, No. 1).
12. New subsections (a)(9.5), (22.5), (27.5), (29.5) and (49) filed 3-29-93; operative 4-28-93 (Register 93, No. 14).
13. Amendment of subsections (a), (a)(5)-(a)(7), (a)(20), (a)(25), (a)(33), (a)(40) and (a)(44), repealer of subsections (a)(10)-(a)(10)(D) and subsection renumbering, new subsections (a)(11)-(a)(11)(C) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
14. Certificate of Compliance as to 12-21-92 order including amendments transmitted to OAL 6-18-93 and filed 7-28-93 (Register 93, No. 31).
15. New subsections (a)(2.5), (a)(27.1), (a)(36.5) and (a)(47.2) and amendment of subsection (a)(10) and Note filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.
16. Amendment of subsection (a)(22) and Note and new subsections (a)(32.2), (a)(41.1), and (a)(47.3) filed 10-19-93; operative 10-19-93 (Register 93, No. 43).
17. New subsections (a)(2.5), (a)(27.1) and (a)(47.2) refiled 1-24-94 as an emergency, including additional amendments to subsections (a)(10) and (a)(32.2), new subsection (a)(41.05), repealer of subsection (a)(36.5) and amendment of Note; operative 2-3-94 (Register 94, No. 4). A Certificate of Compliance must be transmitted to OAL 6-3-94 or emergency language will be repealed by operation of law on the following day.
18. Reinstatement of section as it existed prior to emergency amendment filed 1-24-94 by operation of Government Code section 11346.1(f) (Register 94, No. 39).
19. Amendment of section and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
20. Amendment of subsections (a) and (a)(10), new subsections (a)(2.5), (a)(27.1), (a)(27.7), (a)(41.05) and amendment of Note filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
21. Amendment of subsection (a)(7), new subsection (a)(7)(B) and amendment of Note filed 1-13-95 as an emergency; operative 1-13-95 (Register 95, No. 2). Pursuant to Public Resources Code section 14581.5(e)(2), a Certificate of Compliance must be transmitted to OAL by 7-12-95 or emergency language will be repealed by operation of law on the following day.
22. New subsection (a)(11.1) and amendment of Note filed 2-7-95; operative 2-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 6).
23. Certificate of Compliance as to 10-27-94 order including amendment of section transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
24. New subsection (a)(7)(A) refiled 7-7-95 as an emergency; operative 7-7-95 (Register 95, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-4-95 or emergency language will be repealed by operation of law on the following day.
25. Repealer of subsection (a)(7)(A) and amendment of subsection (a)(42) and Note filed 12-22-95 as an emergency pursuant to Public Resources Code section 14536.1; operative 1-1-96 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 7-1-96 or emergency language will be repealed by operation of law on the following day.
26. Change without regulatory effect amending subsections (a)(40)(B) and (a)(47.2) filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
27. Editorial correction of section and History 25 (Register 96, No. 10).
28. Repealer of subsection (a)(7)(A) and amendment of subsection (a)(42) and Note refiled 6-26-96 as an emergency pursuant to Public Resources Code section 14536.1; operative 6-30-96 (Register 96, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-27-96 or emergency language will be repealed by operation of law on the following day.
29. Certificate of Compliance as to 6-26-96 order, including amendment of subsections (a)(2), (a)(3.1)(B)-(C), (a)(4)(B), new subsections (a)(4)(F)1. and 2. and amendment of Note, transmitted to OAL 10-22-96 and filed 12-6-96 (Register 96, No. 49).
30. New subsections (a)(27.55) and (a)(47.6) and amendment of subsection (a)(32) filed 7-24-98 as an emergency; operative 7-24-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 1-22-99 pursuant to Public Resources Code section 14536.1 or emergency language will be repealed by operation of law on the following day.
31. Editorial correction of History 30 (Register 98, No. 43).
32. Reinstatement of section as it existed prior to 7-24-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 99, No. 13).
33. New subsection (a)(27.55), amendment of subsection (a)(32), new subsections (a)(42.1)-(42.2), amendment of subsection (a)(47.2), new subsections (a)(47.3) and (a)(47.5) and subsection renumbering filed 4-12-99 as an emergency; operative 4-12-99 (Register 99, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-9-99 pursuant to Public Resources Code section 14536.1 or emergency language will be repealed by operation of law on the following day.
34. New subsections (a)(3.2)-(a)(3.2)(C) and amendment of Note filed 6-3-99; operative 6-3-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 23).
35. Reinstatement of section as it existed prior to 4-12-99 action by operation of Government Code section 11346.1(f) (Register 99, No. 43).
36. Amendment of subsection (a)(20), new subsections (a)(27.3), (a)(30.5), (a)(30.7), (a)(32.3) and (a)(36.5), subsection renumbering, and amendment of subsection (a)(40)(B) and Note filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
37. Amendment of subsection (a)(20), new subsections (a)(27.3), (a)(30.5), (a)(30.7) and (a)(36.5), subsection renumbering, and amendment of subsection (a)(40)(B) and Note refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
38. Amendment of subsection (a)(20), new subsections (a)(27.3), (a)(30.5), (a)(30.7) and (a)(36.5), subsection renumbering, and amendment of subsection (a)(40)(B) and Note refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
39. Certificate of Compliance as to 8-11-2000 order, including repealer of subsections (a)(27.3) and (a)(30.5) and repealer and new subsection (a)(30.7), transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).
40. Amendment of subsection (a)(27.7) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
41. Change without regulatory effect repealing and reserving subsection (a)(19) and amending subsections (a)(37)-(38) and (a)(41) filed 4-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 16).
42. Change without regulatory effect amending subsections (a)(4)(B), (a)(37)-(38), (a)(40)(B) and (a)(41) filed 3-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 14).
43. Editorial correction of subsection (a)(33) (Register 2004, No. 20).
44. Amendment of subsection (a)(10) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
45. New subsections (a)(45.5)-(a)(45.5)(B)3. filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).

Appendix  A

Designation: E 708-79

Standard Specification for Waste Glass As a Raw Material for the Manufacture of Glass Containers1
This standard is issued under the fixed designation E 708: the number immediately following the designation indicates the year of original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval.
1. Scope
1.1  This specification covers particulate glass (cullet material, recovered from waste destined for disposal, smaller than 6 mm intended for reuse as a raw material in the manufacture of glass containers.
2. Applicable Documents
2.1 ASTM Standards.
C 162 Definitions of Terms Relating to Glass and Glass Products2
C 169 Chemical Analysis of Soda-Lime and Borosilicate Glass2
C 429 Sieve Analysis of Raw Materials for Glass Manufacture2
E 688 Testing Waste Glass as a Raw Material for Manufacture of Glass Containers3
3. Definitions
3.1 first glass cullet -- a particulate glass material that contains no more than 0.1 weight % Fe2O3 or 0.0015 weight % Cr2O3, as determined by chemical analysis.
3.2 For definitions of other terms used in this specification, refer to Definitions C 162.
4. Representative Sample
4.1 The following requirements qualify the glass lot to be used for direct use in soda-lime glass container manufacturing. Sample should be prepared and examined in accordance with Methods E 688.
NOTE 1--A  preponderant proportion of glass cullet will be soda-lime bottle glass, the glass cullet having a composition as follows, as determined by Method C 169.

	Oxide 	Composition, Weight %

	SiO2 	66 to 75
	A12O3 	1 to 7
	CaO + MgO 	9 to 13
	Na2O	12 to 16
NOTE 2--All percents referred to in this specification are weight percents.
5. General Requirements.
5.1 The sample shall show no drainage of liquid and be noncaking and free flowing. A moisture content of less than 0.5 weight % is required to meet the free-flowing characteristics of a cullet that is predominantly of smaller particle size, 1.18-mm (No. 16) sieve or smaller.
5.2 Screen Size -- No material shall be retained on a 6-mm (1/4-in.) screen. Material not exceeding 15 weight % shall pass through a 106-mm (No. 140) screen.
5.3 Organic Materials-- The total content of  organic materials, as measured in accordance with Section 6 shall not exceed 0.2 weight % of dry sample, except for color-mixed glass where the content of organic material may exceed 0.2 weight %. However, a content of organic material greater than 0.2 weight % must be held within a tolerance of ±0.05 weight %, with a maximum organic limit of 0.4 weight %.
5.4 Magnetic Materials--The total magnetic materials shall not exceed 0.05 weight % of dry sample weight for  flint glass and 0.14 weight % for colored glass of dry sample weight in accordance with Section 6.

1 This specification is under the jurisdiction of ASTM Committee E-38 on Resource Recovery and is the direct responsibility of  Subcommittee E38.05 on Glass.

Current edition approved Nov. 30, 1979. Published February 1980.

2  Annual Book of ASTM Standards, Part  17.

3 Annual Book of ASTM Standards, Part 41.
5.5 Permissible Color Mix for Color Sorted Glass Cullet by Weight:
5.5.1 Amber Glass Cullet:
    90 to 100 % amber

      0 to 10  % flint

      0 to 10  % green

      0 to 5  % other colors
5.5.2 Green Glass Cullet:
    50 to 100 % green

      0 to 35  % amber

      0 to 15  % flint

      0 to 4  % other colors
5.5.3 Flint Glass Cullet:
    95 to 100 % flint

      0 to 5  % amber

      0 to 1  % green

      0 to 0.5  % other colors
5.5.3.1 Percents above 0.1 weight % of Fe2O3 or 0.0015 weight % of Cr7O3, or both, as determined by chemical analysis shall be considered mixed color glass. These limits are consistent with industry experience on raw material.
5.5.3.2 Flint glass cullet may contain up to 1 weight % emerald green or 10 weight % Georgia green, or a combination within the limits: 1 % Georgia green = 0.1 % emerald green.
5.6 Other Inorganic Material (such as non-magnetic metals or refractories)--As measured, material larger than 850-mm (No. 20) screen size shall not exceed 0.1 % of the dry sample weight. Material smaller than 850-mm screen size shall not exceed 0.5 % of the dry sample weight.
5.6.1 Refractories--Based upon U.S. series screen size and sample weight, the following refractory particle limits shall apply for each screen fraction as stated below.

+20 mesh	1 particle per 18-kg (40-lb) sample
 -20, +40 mesh	2 particles per 450-g (1-lb) sample
 -40, +60 mesh	20 refractory particles per 450-g (1-lb) sample
5.6.2 Nonmagnetic Metals:

+20 mesh	1 particle per 18-kg (40-lb) sample
Upon failure to meet the previously stated specification limits, retesting is permissible.
6. Sampling and Testing
6.1 Sampling and testing shall be in accordance with Methods E 688.
The American Society for Testing and Materials takes no position respecting the validity of any patent rights assured in connection with any item mentioned in this standard. Users of this standard are expressly advised that determination of the validity of any such patent rights, and the risk of infringement of such rights, are entirely their own responsibility.
This standard is subject to revision at any time by the responsible technical committee and must be reviewed every five years and if not revised, either reapproved or withdrawn. Your comments are invited either for revision of this standard or for additional standards and should be addressed to ASTM Headquarters. Your comments will receive careful consideration at a meeting of the responsible technical committee, which you may attend. If you feel that your comments have not received a fair hearing you should make your views known to the ASTM Committee on Standards 1916 Race St., Philadelphia, Pa. 19103, which will schedule a further hearing regarding your comments. Failing satisfaction there, you may appeal to the ASTM Board of Directors.
§2005. Certification Required. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14538, 14539 and 14541.5, Public Resources Code.
HISTORY

1. Amendment refiled 2-15-89 as an emergency; operative 2-15-89 (Register 89, No. 8). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-15-89. For prior history, see Register 88, No. 44.
2. Amendment refiled 6-16-89 as an emergency; operative 6-16-89 (Register 89, No. 25). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-16-89.
3. Amendment refiled 10-16-89 as an emergency; operative 10-16-89 (Register 89, No. 44). A Certificate of Compliance must be transmitted to OAL by 11-17-89 or emergency language will be repealed on 11-17-89.
4. Certificate of Compliance as to 10-16-89 order including amendment of subsection(b) transmitted to OAL 11-17-89 and filed 12-18-89 (Register 89, No. 52).
5. Renumbering and amendment of former section 2005 to section 2060 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
Subchapter 2. General Requirements
Article 1. Certification Application Procedures
§2010. Applicant Qualifications.
Note     •     History

(a) Any operator of a recycling center, a dropoff or collection program, community service program or a processing facility shall be eligible to apply for certification in the respective category from the Division.
(b) A processor shall meet the requirements and be certified to operate a recycling center in order to receive any payments from the Division for beverage containers purchased by the processor directly from consumers.
(c) Operators certified by the Division must establish and maintain an office in California where records and reports meeting the requirements of Articles 3 of Subchapter 5 and Article 3 of subchapter 6 of these regulations will be stored and available for inspection at the request of the Divi-- sion. The office shall be identified on the application for certification as the business address of the operator.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14514.5, 14538, 14539, 14540 and 14553(b), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2030 to section 2010 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. New subsection (c) and amendment to Note filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. Amendment of subsection (a) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of section and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
§2015. Filing of Applications for Certification.
Note     •     History

(a) Applications for certification, on a form(s) provided by the Division, shall be accepted and reviewed on a continuous basis as received.
(b) A separate, complete application shall be submitted to request certification to operate each recycling center, dropoff or collection program, community service program and processing facility.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14538, 14539 and 14540, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2015 to section 2020, and renumbering and amendment of former section 2035 to section 2015 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (c) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
3. Repealer of subsection (a) and subsection redesignation and amendment of subsection (b) and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
4. Editorial correction of subsection (a) (Register 96, No. 10).
§2020. Multiple Convenience Zones or Multiple Locations.
Note     •     History

(a) The Division shall accept a single application for an individual recycling center to redeem empty beverage containers in more than one convenience zone only if the convenience zones overlap and the recycling center is located in the overlapped area of the convenience zones.
(b) The Division shall accept multiple applications from an individual operator of a recycling center or a processing facility requesting certification at more than one location.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14538, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2020 to section 2025, and renumbering and amendment of former section 2015 to section 2020 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of section and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
§2025. Certification Outside Convenience Zones.
Note     •     History

(a) Certification of an operator of a recycling center shall not require that the recycling center be located within a designated convenience zone.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14538, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2025 to section 2065, and renumbering and amendment of former section 2020 to section 2025 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of section and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
§2030. Review of Applications.
Note     •     History

(a) All applications for certification shall be reviewed by the Division for compliance with these regulations.
(b) The Division shall periodically conduct field investigations to verify the accuracy of information contained in the certification application and explain program requirements.
(c) The Division shall notify the applicant in writing within fifteen (15) working days of receipt of the application, or receipt of additional information if the application was initially incomplete, that it is either:
(1) Complete and accepted for further review, or
(2) Incomplete and the reasons for the incompleteness.
(d) Upon determining that an application is complete, the Division shall notify the applicant in writing within forty-five (45) calendar days that such application is either:
(1) Approved, 
(2) Approved with a probationary status, or
(3) Denied and the reasons for denial.
(e) In determining whether the operator is likely to operate in accordance with these regulations, the Division shall review the certification history of the operator and other individuals identified in the application as responsible for the recycling center, processing facility, dropoff or collection program, or community service program operation.
(f) The Division shall review its records to determine whether one or more certified entities have operated within the past five years at the same location that is the subject of an application for certification of a recycling center or processor. If one or more entities have operated at the same location, the Division shall review the certification history of the entity or entities certified at the same location within the past five years and determine whether the operations at the location exhibit, to the Division's satisfaction, a pattern of operation in compliance with the requirements of the California Beverage Container Recycling and Litter Reduction Act, including all relevant regulations adopted thereunder.
(g) Reasons for denial of applications may include, but shall not be limited to, any of the following:
(1) Failure to provide information or documentation to complete the application as stipulated in section 2045 and 2055 of these regulations;
(2) The operator is unwilling to accept and redeem all beverage container types;
(3) The recycling center operator does not agree to be open for business at least thirty (30) hours per week, five (5) of which are other than from 9 a.m. to 5 p.m. on Monday through Friday;
(4) The operator's certification history demonstrates outstanding fines, penalties, or audit findings;
(5) The operator's certification history discloses decertification of a recycling center, processing facility, dropoff or collection program, or community service program within the past two-year period;
(6) The operator's certification history demonstrates a pattern of operation in conflict with the requirements of the California Beverage Container Recycling and Litter Reduction Act, including all relevant regulations adopted thereunder; or
(7) For applications for certification of recycling centers or processors, the certification history of one or more entities certified at the same location within the past five years fails to demonstrate to the Division's satisfaction a pattern of operation in compliance with the requirements of the California Beverage Container Recycling and Litter Reduction Act, including all relevant regulations adopted thereunder.
(h) Notwithstanding paragraph (3) of subsection (g) above, the Division may allow the applicant to operate less than 30 hours per week if all of the following conditions are met:
(1) the recycling center will be located in a designated rural region; and,
(2) the recycling center will not be located within a convenience zone; and,
(3) the proposed operating hours will not significantly decrease the ability of consumers to conveniently return beverage containers for the refund value to a certified recycling center redeeming all material types.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14538, 14539, 14540, 14541 and 14571, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2030 to section 2010, and renumbering and amendment of former section 2050 to section 2030 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsections (c) and (d) and new subsections (d)(2), (e), and (f)(1)-(6), and amendment to Note filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. Amendment of subsections (e) and (f)(5) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of subsection (f)(2) and new subsections (g)-(g)(3) filed 10-19-93; operative 10-19-93 (Register 93, No. 43).
5. Amendment of subsections (b), (c), (e) and (f)(1)-(6)  and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
6. Editorial correction of subsection (e) (Register 96, No. 10).
7. New subsection (f), subsection relettering, amendment of newly designated subsections (g)(5)-(6), new subsection (g)(7) and amendment of newly designated subsection (h) filed 3-4-2002 as an emergency; operative 3-4-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-2-2002 or emergency language will be repealed by operation of law on the following day.
8. New subsection (f), subsection relettering, amendment of newly designated subsections (g)(5)-(6), new subsection (g)(7) and amendment of newly designated subsection (h) refiled 6-19-2002 as an emergency; operative 7-2-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-30-2002 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 6-19-2002 order transmitted to OAL 9-30-2002 and filed 10-15-2002 (Register 2002, No. 42).
10. Editorial correction of subsection (e) (Register 2004, No. 20).
11. Change without regulatory effect amending subsection (h)(3) filed 4-13-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 15).
§2035. Withdrawal of Applications.
Note     •     History

(a) An applicant shall have the right to withdraw an application from review by the Division. Such withdrawal shall be requested in writing and submitted to the Division.
(b) A withdrawal of application shall not prohibit the operator of a recycling center, dropoff or collection program, community service program or processing facility from reapplying at a later date.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14538 and 14539, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2035 to section 2015, and renumbering and amendment of former section 2060 to section 2035 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (b) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
3. Amendment of subsection (b) and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
§2040. Submission of New Applications.
Note     •     History

(a) The occurrence of any one of the following conditions shall require an operator to file a new application with the Division in accordance with section 2045 or section 2055 of these regulations:
(1) A change in the location of the recycling center or processing facility; or
(2) A change in the operator of the recycling center,  dropoff or collection program, community service program or processing facility; or
(3) A change in category as defined in section 2000(a)(5) of these regulations; or
(4) With the exception of an operator who is currently operating under a probationary certification, expiration of the certificate; or
(5) A change in the type of organization operating the certified entity.
(b) A new application shall be submitted forty-five (45) calendar days prior to the occurrence of any of the conditions in subsection (a), above.
(c) If a new application is not received and approved by the Division on or before the expiration date of the certificate, the existing certificate shall expire and the operator shall not be eligible for any refund value, administrative fees, processing payments or handling fees from the date of expiration until a new application is approved. The Division shall review all new applications for renewal of certification in the same manner as initial applications.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14518.5, 14538, 14539 and 14541, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2040 to section 2045, and renumbering and amendment of former section 2065 to section 2040 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Amendment of subsection (a)(4) and Note filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. Amendment of subsections (a)(2) and (a)(4) and new subsection (a)(5) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of subsections (a)-(a)(3), (b)  and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
5. Change without regulatory effect amending subsection (c) and Note filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
Article 2. Content of Certification Applications
§2045. Applications for Recycling Centers and Processors.
Note     •     History

(a) To be considered complete, the applications (see Figures 1, 2, 3, and 4) shall contain the following information:
(1) The category of certification requested.
(2) The contact person, business address, mailing address, and telephone number of the organization.
(3) The type of organization which is requesting certification.
(A) If the organization is an individual doing or proposing to do business under a different name, the applicant shall provide a copy of any fictitious business name statement.
(B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement and any fictitious business name statement.
(C) If the organization is a corporation, the applicant shall provide the corporate number and Articles of Incorporation and name and position of all current corporate officers as filed with the Secretary of State, any fictitious business name statement, and the agent for service of process.
(D) If the organization is a corporation from a state other than California, the applicant shall provide a copy of the approved certificate from the California Secretary of State qualifying and authorizing the corporation to transact business in California.
(E) If the organization is a husband and wife co-ownership, the applicant shall provide both names and any fictitious business name statement.
(F) If the organization is a local government agency, the applicant shall provide a copy of the authorizing resolution from the governing board.
(G) If the organization is a limited liability company (LLC), the applicant shall provide a copy of the Articles of Organization and Statement of Information as filed with the Secretary of State, any operating agreement, any fictitious business name statement, and the agent for service of process.
(H) If the organization is a limited liability company from a state other than California, the applicant shall provide a copy of their certificate from the California Secretary of State authorizing the LLC to transact business in California.
(4) The federal identification number (employer ID number) of the organization.
(5) A history of past and pending certifications requested from the Division.
(6) The name, address, and phone number (if applicable) of the recycling center or processing facility.
(7) The physical location of the facility in relation to the nearest cross street.
(8) The name, address and phone number of the owner or leaseholder, if applicable, of the facility premises.
(A) If the applicant owns the property, a current mortgage statement or a current tax bill which specifically identifies the organization name and the facility location.
(B) If applicant is leasing, renting, or operating on donated space, a signed copy of a current lease, rental agreement or written permission from the property owner or leaseholder who has authority to determine use of the specific property shall be provided.
(9) Processors shall provide the actual days and hours open for business if a regular schedule is maintained or, if a regular schedule is not maintained, processors shall indicate that they transact business by appointment only. This is for informational purposes only and does not subject processors to the fine and penalty provisions of the Act.
(10) Recycling centers shall provide the actual days and hours open for business.
(A) For recycling centers which are staffed, “actual days and hours open for business” shall be those days and hours where staff are scheduled to be present and do not include lunch breaks.
(B) For recycling centers which consist of reverse vending machines, “actual days and hours open for business” shall include all of the following:
1. The days and hours when the machine is scheduled to be in operation, and
2. The days and hours when beverage containers which are odd-sized or made from materials other than aluminum, glass and plastic will be redeemed, and
3. The days and hours when any beverage containers not accepted by the reverse vending machine will be redeemed by the host dealer.
(11) With the exception of recycling centers which meet the criteria for grandfathering and processors, acknowledgment that the organization agrees to accept and redeem all types of redeemable beverage containers.
(12) For recycling centers, a general description of the methods used to collect, store and/or cancel redeemed beverage containers. This shall include, but is not limited to, the types of equipment and/or receptacles used and the staffing.
(13) For recycling centers, the organization shall indicate if applying as a rural region recycler or a nonprofit convenience zone recycler.
(14) Recycling centers which consist of reverse vending machines shall specify a method for redeeming empty beverage containers which are odd-sized, made from materials other than aluminum, glass and plastic, or otherwise not accepted by the reverse vending machine. In determining whether the method is acceptable, the Division shall consider, but not be limited to, the following:
(A) Convenience to the public,
(B) Volume of containers sold, and
(C) Size and shape of containers
(15) For processors, the type(s) of beverage containers which will be accepted.
(16) Processors shall describe which of the acceptable methods prescribed in section 2000(a)(4) of these regulations will be used to cancel redeemable beverage containers.
(17) The name, residence address, including city and zip code, and residence phone number of the applicant. Programs operated by limited liability companies, corporations or governmental agencies are exempt from this provision.
(18) For an organization seeking certification of a recycling center located on federal land, a written authorization from an authorized agent of the federal government which will allow inspectors from the Division to enter the federal property for the purpose of conducting audits and unannounced inspections of the recycling center, pursuant to section 2125 of these regulations.
(19) For organizations requesting certification to operate a grandfathered facility, evidence that the recycling center was in operation on January 1, 1986, and the types of beverage containers accepted on that date.
(b) The application shall be submitted on a form entitled “Certification Application, Recycling Centers and Processors,” DOR 6/93 6, Rev. 10/99 provided by the Division and signed by the applicant under penalty of perjury. The signature block shall contain an affidavit that the information in the application is true and that the organization agrees to operate in compliance with the Act and these regulations.
(1) If the organization is a partnership, the application shall be signed by each partner.
(2) If the organization is a firm, association, corporation, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or the individual with authority to legally bind said entity to a contract.
(3) If the organization is a husband and wife co-ownership, the application shall be signed by both the husband and wife.
(4) If the organization is a limited liability company, the application shall be signed by a managing member, Executive Officer, or other designated member with the authority to legally bind the limited liability company to a contract.
(5) The applicant shall provide the drivers license number of the applicant for identification purposes.
(c) An organization seeking certification to operate a recycling center as a nonprofit convenience zone recycler shall provide written documentation showing that its organization was established under Section 501(c) or 501(d) of Title 26 of the United States Code.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14514.7, 14515.6, 14538, 14539, 14540 and 14571(a), (b) and (d), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2045 to section 2050, and renumbering and amendment of former section 2040 to section 2045 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Editorial correction instituting amendment of section and adoption of Figures 1-4 filed 12-9-91; operative 12-9-91 (Register 93, No. 20).
3. Amendment of subsections (a)(3)(B)-(a)(3)(D), (a)(9)(B), (a)(10)(A), (a)(24) and (b), new subsection (a)(25), and repealer and new figures 1-4 filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of section heading, text and  Note and repealer and new Figures 1-4  filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
5. Amendment of section and form DOR 6/93 6 filed 6-24-99; operative 7-24-99 (Register 99, No. 26).
6. Amendment of section and Note and amendment of form DOR 6/93 6 filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
7. Amendment of section and Note and amendment of form DOR 6/93 6 refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note and amendment of form DOR 6/93 6 refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 8-11-2000 order transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).

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§2046. General Content of Applications for Dropoff Programs and Collection Programs.
History

HISTORY

1. New section filed 10-17-88 as an emergency; operative 10-17-88 (Register 88, No. 44). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-14-89.
2. New section refiled 2-15-89 as an emergency; operative 2-15-89 (Register 89, No. 8). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-15-89.
3. New section refiled 6-16-89 as an emergency; operative 6-16-89 (Register 89, No. 25). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-16-89.
4. New section refiled 10-16-89 as an emergency; operative 10-16-89 (Register 89, No. 44). A Certificate of Compliance must be transmitted to OAL by 11-17-89 or emergency language will be repealed on 11-17-89.
5. Certificate of Compliance as to 10-16-89 order including amendment of subsection (a) transmitted to OAL 11-17-89 and filed 12-18-89 (Register 89, No. 52).
6. Amendment filed 4-9-90 as an emergency; operative 4-9-90 (Register 90, No. 18). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-7-90.
7. Certificate of Compliance as to 4-9-90 order transmitted to OAL on 8-6- 90 and filed 8-29-90 (Register 90, No. 42).
8. Renumbering and amendment of former section 2046 to section 2055 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2050. Plan of Operation for Recycling Centers, Nonprofit Dropoff Programs and Processors.
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14515.6, 14538, 14539, 14540, 14541.5, 14542, 14571(a), (b) and (d), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2050 to section 2030, and renumbering and amendment of former section 2045 to section 2050 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Repealer filed 9-27-96; operative 9-27-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 39).
§2051. Filing and Review of Applications for Certification of Dropoff and Collection Programs.
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14511.7, Public Resources Code.
HISTORY

1. Repealer filed 4-9-90 as an emergency; operative 4-9-90 (Register 90, No. 18). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-7-90.
2. Certificate of Compliance as to 4-9-90 order transmitted to OAL on 8-6-90 and filed 8-29-90 (Register 90, No. 42).
§2055. Applications for Dropoff or Collection Programs and Community Service Programs.
Note     •     History

(a) To be considered complete, applications (See Figures 5, 6,  and 7) shall contain the following information:
(1) The contact person, title, organization name, business address, mailing address and daytime telephone number of the person, association, corporation, church, club or other organization requesting certification.
(2) The type of organization which is requesting certification.
(A) If the organization is an individual doing or proposing to do business under a different name, the applicant shall provide a copy of any fictitious business name statement.
(B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement and any fictitious business name statement.
(C) If the organization is a corporation, the applicant shall provide the corporate number and Articles of Incorporation and name and position of all current corporate officers, as filed with the Secretary of State, any fictitious business name statement, and the agent for service of process.
(D) If the organization is a corporation from a state other than California, the applicant shall provide a copy of the approved certificate from the California Secretary of State qualifying and authorizing the corporation to transact business in California.
(E) If the organization is a husband and wife co-ownership, the applicant shall provide both names and any fictitious business name statement.
(F) If the organization is a local government agency, the applicant shall provide a copy of the authorizing resolution from the governing board.
(G) If the organization is a limited liability company (LLC), the applicant shall provide a copy of the Articles of Organization and Statement of Information as filed with the Secretary of State, the operating agreement, any fictitious business name statement, and the agent for service of process.
(H) If the organization is a limited liability company from a state other than California, the applicant shall provide a copy of their certificate from the California Secretary of State authorizing the LLC to transact business in California.
(3) The federal identification number (employer ID number) of the organization.
(4) A history of past and pending certifications requested from the Division.
(5) The name of the program, if different from the organization name (i.e., association, corporation, church, club or other organization).
(6) The types of empty beverage containers collected or accepted.
(7) A description of the recycling program demonstrating that it meets the criteria for a dropoff or collection program as defined in section 2000(a)(20) or a community service program as defined in section 2000(a)(11) of these regulations.
(8) If seeking certification as a neighborhood dropoff program, the applicant shall so state.
(9) If the program separates beverage containers from mixed municipal waste, a copy of the current permit or formal acknowledgement from the local government agency.
(10) The number and location of any dropoff sites.
(11) If applicable, the business name, address, contact person's name and telephone number of three (3) bars, restaurants, hotels or motels, or other commercial or industrial establishments, from which the organization collects empty beverage containers.
(12) The name, residence address, including city and zip code, and residence phone number of the applicant. Programs operated by limited liability companies, corporations or governmental agencies are exempt from this provision.
(13) The application shall be submitted on a form entitled, “Certification Application, Dropoff or Collection Programs and Community Service Programs,” DOR 6/93 7, Rev. 10/99 provided by the Division and signed by the applicant under penalty of perjury.
(A) The signature block shall contain an affidavit that the information in the application is true and that the organization agrees to operate in compliance with the Act and these regulations.
(B) If the organization is a partnership, the application shall be signed by each partner.
(C) If the organization is a firm, association, corporation, county, city, public agency or other government entity, the application shall be signed by the chief executive officer or the individual with authority to legally bind said entity to a contract.
(D) If the organization is a husband and wife co-ownership, the application shall be signed by both the husband and wife.
(E) If the organization is a limited liability company, the application shall be signed by a managing member, Executive Officer, or other designated member with the authority to legally bind the limited liability company to a contract.
(F) The applicant shall provide the vehicle license number and driver license number of the applicant for identification purposes.
(14) For an organization seeking certification of a dropoff or collection program located on federal land, a written authorization from an authorized agent of the federal government which will allow inspectors from the Division to enter the federal property for the purpose of conducting audits and unannounced inspections of the dropoff or collection program, pursuant to section 2125 of these regulations.
(b) An organization seeking certification as a neighborhood dropoff program shall provide:
(1) An area map noting the dropoff locations included in the program; and
(2) The specific address of each dropoff location included in the program.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14511.7, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2046 to section 2055 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Amendment of subsections (a), (a)(4)(D), (a)(9), (a)(13), (a)(13)(B), new subsection (a)(12), subsection renumbering, and amendments to Certification Application filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. Amendment of subsections (a), (a)(4)(B)-(a)(4)(D), (a)(9), (a)(10) and (a)(14), new subsections (a)(13), (a)(14)(E) and (a)(15), subsection renumbering and repealer and new figures 5-7 filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of section heading and text and repealer and new figures 5-7 filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
5. Editorial correction of subsections (a)(4) and (a)(7) (Register 96, No. 10).
6. Amendment of section and form DOR 6/93 7 filed 6-24-99; operative 7-24-99 (Register 99, No. 26).
7. Amendment of section and Note and amendment of form DOR 6/93 7 filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note and amendment of form DOR 6/93 7 refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction restoring inadvertently deleted subsection (a)(2)(E) (Register 2000, No. 17).
10. Amendment of section and Note and amendment of form DOR 6/93 7 refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 8-11-2000 order transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).

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§2060. Certification Required.
Note     •     History

(a) With the exception of section 2060(b), the certificate shall be kept on file at the recycling and/or processing facility. An operator may request that the certificate be kept on file at another location, and the Division shall grant approval of such request when the request is submitted in writing and the following conditions are met:
(1) A facsimile of the certificate with a statement indicating where the original certificate is maintained is kept on file at the recycling and/or processing facility, and
(2) The original certificate is maintained at the main business office of the operator where records and reports meeting the requirements of Article 3 of subchapter 5 and Article 3 of subchapter 6 of these regulations are maintained.
(b) The certificate issued to the operator of a reverse vending machine, dropoff or collection program, or community service program shall be kept on file at the main business office of the operator where records and reports meeting the requirements of Article 3 of subchapter 5 and Article 3 of subchapter 6 of these regulations are maintained.
(c) With the exception of probationary certificates and certificates whose term is otherwise limited by law, the certificate for recycling centers and processors shall be valid for five (5) years and the certificate for dropoff or collection programs and community service programs shall be valid for two (2) years from the date the certification application is approved by the Division, or until such time as it is surrendered by the operator, or suspended or revoked by the Division.
(d) The certificate is neither transferrable nor assignable to any other person, company, processor, recycling center, dropoff or collection program, community service program or other entity.
(e) The certificate is issued to a specific operator of a recycling center or processing facility for a specific category of certification for a specific location. The certificate issued to a dropoff or collection program or community service program is issued to the operator for a specific category.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14538 and 14539 Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2060 to section 2035, and renumbering and amendment of former section 2005 to section 2060 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsections (a), (c) and (e), new subsections (a)(1), (a)(2), and (b), subsection renumbering and amendment of Note filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. Amendment of subsections (b)-(e) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of subsections (b), (d), (e) and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
§2065. Posting of Certification.
Note     •     History

(a) The certification sign provided by the Division shall be prominently displayed where it can be viewed by customers approaching the recycling center.
(b) The certification sign may be posted at a location which varies from the provisions of this section if requested in writing and approved in writing by the Division.
(c) The certificate or certification sign shall not be displayed by any person, company, processor, recycling center, dropoff or collection program, community service program or other entity not approved for certification by the Division. Dropoff or collection programs or community service programs, and processors are not required to post a certification sign.
(d) The certificate is the property of the Division and shall be returned to the Division upon decertification, revocation of certification, invalidation of certificate or expiration of certification.
(e) The certification sign is the property of the Division and, at the request of the Division, this sign shall be returned to the Division upon decertification, revocation of certification, invalidation of certification or expiration of certification. Certification decals are exempt from this provision.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14538, and 14539 Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2065 to section 2040, and renumbering and amendment of former section 2025 to section 2065 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Amendment of subsection (a)(1), new subsections (b), (d) and (e), and subsection relettering filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. Amendment of subsection (c) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of section and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
Article 4. General Accounting Requirements
§2070. Applicability.
Note     •     History

To the extent that a person performs the functions of more than one entity (such as beverage manufacturer and distributor or recycling center and processor) governed by these regulations, such person shall separately comply with the applicable subchapter and article for each function. The provisions of this article apply to every person subject to regulation under the Act, including but not limited to container manufacturers, beverage manufacturers, distributors, recycling centers, and processors, unless specifically stated otherwise.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14530.5 and 14536, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2070 to section 2125, and renumbering and amendment of former sections 2510 and 2600 to section 2070 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2075. Examinations.
Note     •     History

(a) The Division or persons authorized by it shall conduct examinations of curbside programs, recycling centers, processors, beverage manufacturers, distributors, and any other person subject to audit or examination pursuant to the Act. Nothing herein shall limit the authority of the Division pursuant to the Act to audit, examine, review, inspect, or otherwise determine the compliance of any person with the Act or this chapter.
(b) An examination is a review, of any books, records, accounts, or on-site operations, for the purpose of determining compliance with the Act or this chapter. Such reviews may include observation and inspection of transactions, verification of measurements, counts, weights or statistics, or other examination procedures regarding payments, transfers or other activities related to the Act. Nothing herein shall in any way limit the Division's ability to carry out its responsibilities pursuant to the Act.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14537, 14541(c), 14549.1, 14552 and 14553(b), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2075 to section 2130, and renumbering and amendment of former section 2601 to section 2075 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of section and Note filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 7-5-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
3. Amendment of section and Note refiled 7-6-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 27). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 11-3-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
4. Certificate of Compliance as to 7-6-2000 order transmitted to OAL 9-28-2000 and filed 11-13-2000 (Register 2000, No. 46).
§2080. Proprietary and Other Records Exempt from Disclosure.
Note     •     History

(a) All information obtained by the Division pursuant to this chapter may be disclosed to the public upon request unless the information is exempt from such disclosure pursuant to the Act, the Public Records Act, or other applicable law. Information exempt from public disclosure includes, but is not limited to, proprietary information concerning specific sales or purchases; market reports; personal financial data; or other information as permitted by section 6255 of the Public Records Act (Government Code section 6255).
(b) Upon receipt of a written request for records pertaining to information obtained by the Division pursuant to this chapter, the Division shall determine whether the requested information may be exempt from disclosure. The Division shall notify the requesting party of its determination within 10 days of the receipt of the written request as required by the Public Records Act (Government Code section 6256). If the Division determines that the information is not exempt from disclosure, it shall promptly provide it to the requesting party in accordance with the procedures of the Public Records Act.
(c) This subsection does not preclude the Department from compiling aggregate information for use in a final public document.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Section 14551(b), Public Resources Code; Sections 6250-6267, Government Code.
HISTORY

1. Renumbering and amendment of former section 2080 to section 2500, and renumbering and amendment of former section 2602 to section 2080 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2085. Records.
Note     •     History

Any records which persons are required to maintain pursuant to these regulations shall be kept in accordance with the following provisions:
(a) Location of Records.
(1) Records of certified recycling centers and certified processors shall be kept at the business address identified in the application for certification pursuant to section 2045(a)(2) or (a)(6) of these regulations. Records may be moved to and kept at a different location if notice is given to the Division pursuant to subsection (3) below.
(2) Container manufacturers in this state, beverage manufacturers in this state, and distributors shall give the Division notice of the location of their records on or before October 1, 1987. Notice of any change in location, or intent to establish a new location of such records, shall be provided pursuant to subsection (3) below.
(3) Notice shall mean written notice stating the full name of the person; certification number where applicable; complete present and future addresses of the location of the records, and name and phone number of the individuals responsible for such records. Such notice shall be submitted no less than 10 days prior to any change in location or establishment of a new location.
(4) Records of dropoff or collection programs and community service programs shall be kept at the business address identified in the application for certification pursuant to section 2055(a)(1) of these regulations. Records may be moved to and kept at a different location, if notice is given to the Division pursuant to subsection (3) above.
(b) Record Retention Period. Records shall be maintained for at least five years following their preparation.
(c) Suitability for Examination. Any receipt or log records that certified recycling centers other than reverse vending machines are required to maintain pursuant to this chapter shall be original receipt or log records. All records maintained pursuant to this chapter shall be suitable for examination. All records suitable for examination shall be prepared and retained in accordance with all of the following conditions:
(1) records must be legible;
(2) records must be stored at the address identified by the certified operator pursuant to subsection (a)(1), (3) or (4) above;
(3) records must be stored in a secured area where the records are protected from debris, moisture, contamination, hazardous waste, fire and theft;
(4) records shall not be stored in an unprotected area, stored in an outside location, stored in a motor vehicle or stored in a location where the records are likely to become contaminated, damaged or stolen.
(d) If the Department determines that records do not meet the conditions in Section 2085(c), the Department may take disciplinary action against the certificate holder pursuant to Section 14591.2(c) of the Act.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14537, 14538, 14539 and 14552, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2085 to section 2505, and renumbering and amendment of former section 2603 to section 2085 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (a)(1) and new subsection (a)(5) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
3. Amendment of subsection (a)(1), subsection renumbering, and amendment of subsections (a)(2) and (4) and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
4. Amendment of subsections (a)(4) and (c) and new subsections (c)(1)-(d) filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
§2090. Reports, Notices, and Claims Submitted to the Division.
Note     •     History

(a) Except where specifically provided otherwise, any reports, notices, claims, and applicable supporting data prepared pursuant to this chapter shall be prepared and submitted in the form designated by the Division. All information shall be accurate and complete. Only reports, notices, and claims in such form and bearing an original signature pursuant to subsection 2090(d)(4) shall be acceptable. The Division shall provide reporting forms to any person upon request.
(b) In lieu of submitting information on paper forms provided by the Division, program participants may file designated reports, notices, claims, and other documents electronically with the Division, where the Division has prescribed a form and manner for electronic submission of the document.
(1) Electronic filings may only be submitted through a process made available by the Division.
(2) Notwithstanding any other law, any electronically filed report, notice, claim, or other document shall be deemed to be a valid, original document, including reproductions of the document made by the Division onto paper or other media.
(3) Nothing in this subsection shall obviate compliance with recordkeeping and record retention provisions required by these regulations.
(c) When using paper forms, all reports, notices, claims, and all applicable supporting data shall be accurate, complete, and typed or legibly handwritten in English using permanent ink. Errors shall be voided only by using a single line through the error. Correction fluid, correction tape or erasures shall not be used for correcting errors on any documentation required by or submitted to the Division.
(d) All reports and claims to support payments to or from the Division shall contain all of the following information:
(1) The full name, address, and identification number of the entity preparing the report; and
(A) For recycling centers, dropoff or collection programs, community service programs and processors, the identification number shall be the certification number designated by the Division.
(B) For all other persons, the identification number shall be the Seller's Permit Number as designated by the state pursuant to Revenue and Taxation Code sections 6066 and 6067.
(C) If an entity preparing the report has no certification number or Seller's Permit Number, an identification number shall be obtained from the Division upon written request.
(2) The name and phone number of a contact person for purposes of the report; and
(3) The reporting period and date of preparation of the report; and
(4) The signature and title of the representative of the entity authorized to prepare the report. The signature block shall state that the information in the report or claim is correct to the best knowledge of the person submitting the report or claim; and
(5) The date and place of the signing of the claim or report.
(e) Failure to comply with any provision of this section, or other reporting requirements of this chapter, shall be grounds for the Division to reject or deny the report, notice or claim or take disciplinary action against the certificate holder pursuant to Section 14591.2(c) of the Act. Any such rejection shall not extend any applicable time period.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7, 14518.5, 14538, 14539, 14541, 14549.1, 14550, 14551, 14552 and 14553, Public Resources Code; and Sections 6066 and 6067, Revenue and Taxation Code.
HISTORY

1. Renumbering and amendment of former section 2090 to section 2510, and renumbering and amendment of former section 2604 to section 2090 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
. 2. Amendment of subsections (a), (d)(1)(A) and (e) and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
3. New subsection (f) filed 2-7-95; operative 2-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 6).
4. Change without regulatory effect amending subsections (f)(3)(B)12. and (f)(3)(B)18. and Note filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
5. Amendment of subsection (f)(3)(B)9. and Note filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 7-5-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
6. Amendment of subsection (f)(3)(B)9. and Note refiled 7-6-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 27). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 11-3-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
7. Certificate of Compliance as to 7-6-2000 order, including further amendment of subsection (f)(3)(B), transmitted to OAL 9-28-2000 and filed 11-13-2000 (Register 2000, No. 46).
8. Amendment of subsections (c) and (e) filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
9. Amendment of subsection (f)(3)(B)14. filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (f)(3)(B)14. refiled 7-17-2002 as an emergency; operative 7-23-2002 (Register 2002, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-20-2002 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (f)(3)(B)14. refiled 11-18-2002 as an emergency, with additional amendment of subsection (e); operative 11-20-2002 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-2003 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 11-18-2002 order transmitted to OAL 2-20-2003 and filed 4-1-2003 (Register 2003, No. 14).
13. Amendment of subsections (f)(3)(B)2., 8., 12. and 14.-18. and repealer and new Consolidated Shipping Report Form (within subsection (f)(4)) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
14. Amendment of subsection (f)(3)(B)12. and repealer and new shipping report form filed 6-21-2007 as an emergency; operative 6-21-2007. This regulatory action meets the emergency standard and is mandated to remain in effect until revised by the Director of the Department of Conservation pursuant to Public Resources Code section 14536(b)(2) (Register 2007, No. 25).
15. Amendment of subsection (a), repealer of subsections (b)-(b)(2), new subsections (b)-(b)(3) and amendment of subsection (c) filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).
16. Repealer of subsections (f)-(f)(4) and Figure 8 filed 1-28-2010; operative 2-27-2010 (Register 2010, No. 5).
§2095. Payments.
Note     •     History

Payments to consumers shall be in cash or by check or by voucher, which is immediately redeemable for cash. All financial transactions shall be reported and recorded in currency of the United States of America (“dollars”). Where the actual transaction is made in foreign currency it shall be converted to dollars for reporting and recording at the prevailing exchange rate at the time of the payment. All payments to the Division shall be in dollars and made by either check, draft, money order or cashier's check payable to the State of California, Department of Conservation.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14553, 14574 and 14575, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2095 to section 2515, and renumbering and amendment of former section 2605 to section 2095 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
§2100. Penalties and Interest Charges.
Note     •     History

(a) For violations of subchapters 1, 6, 7 and 9 and sections 2010, 2015, 2020, 2025, 2030, 2035, 2040, 2045, 2050, 2055, 2060, 2065, 2125, 2130, 2400, 2405, 2415, 2420, 2425, 2430 of chapter 5, division 2, title 14 of the California Code of Regulations and sections 14560.5(a), 14561(c), 14561(d), 14570, 14571.6 and 14572 of the Act, the Division shall issue a Notice of Violation. The Notice of Violation shall be issued to a responsible party (i.e., the manager or other person in authority) at the site of the violation and shall contain the information in subsections (1) and (4) below. A copy shall be served upon the legal owner of the entity, (respondent), within ten (10) working days. The Notice of Violation served upon the legal owner shall contain all of the following:
(1) A brief statement of the violation(s) alleged.
(2) A statement to the effect that the respondent has the right to a formal hearing, upon request, at which they may be represented by counsel.
(3) A statement that the respondent's right to a hearing will be deemed waived if respondent fails to respond in writing within 15 days from the date service of the Notice of Violation was received by the respondent, or respondent's agent for service, stating that he/she wishes to assert that right and that, in the event of such failure to respond, the Department may assess the maximum civil penalty permitted by law without a hearing.
(4) A sworn statement, signed by the Division inspector issuing the violation(s), verifying the acts or omissions which form the basis of the violation(s).
(b) For civil penalties sought by the Department pursuant to sections 14591.1, 14591.2, 14593, or 14594 of the Act, the Division shall provide for notice and a hearing regarding such penalties in accordance with the provisions of chapter 5 of the Administrative Procedure Act (Government Code Section 11500 et seq.); except that notice for violations of the Act, and the regulations enacted thereunder, enumerated in subdivision (a) shall be effected pursuant to the procedures in subdivision (a).
(c) Interest shall accrue from the date the payment was due.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14591.1, 14591.2, 14593 and 14594, Public Resources Code; and Section 11500 et seq., Government Code.
HISTORY

1. Renumbering and amendment of former section 2100 to section 2400, and renumbering and amendment of former section 2606 to section 2100 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (a) filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment of subsections (a) and (b), repealer of subsection (c) and subsection redesignation and amendment of Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
§2105. Persons Certified as Both Processors and Recycling Centers (Dual Certified Entities).
Note     •     History

(a) All persons certified as both a processor and a recycling center (“dual certified entities”) shall receive material from other recycling centers, curbside programs, dropoff or collection programs and community service programs as a processor. All receipts or reports of such transactions requiring the certification number shall be filled out with the processor certification number.
(b) For the purpose of complying with section 2420(b) of these regulations, a dual certified entity may summarize the total weight purchased at its recycling center for each shipping report period and record the information in the received weight section of the shipping report (DR-6 (11/05)). If this method is used, the dual certified entity shall use its daily summaries to summarize the total refund value from each reporting period and record that information on the DR-6. The total redemption weight will be then calculated, based on the refund value, and recorded on the DR-6. Out-of-state material, rejected material, and line-breakage material shall not be included in the summarized received weight.
(c) For the purpose of complying with section 2425(d) of these regulations, a dual certified entity may prepare more than one shipping report (DR-6 (11/05)) for transfers of material between its recycling center and its processor for each processor reporting period. If refund values, processing fees, administrative fees, or if any rate changes during a processor reporting period, a separate shipping (DR-6 (11/05)) report shall be prepared for each rate or fee change within that processor reporting period. The received date recorded on each shipping report shall be the last day of the receipt and log period.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14540, 14549.1, 14572 and 14573.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2105 to section 2405, and renumbering and amendment of former section 2607 to section 2105 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (a) and repealer of subsection (b) filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment of subsection (a) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of subsection (a) filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
5. New subsections (b) and (c) filed 6-24-99; operative 7-24-99 (Register 99, No. 26).
6. Amendment of section and Note filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 7-5-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
7. Amendment of section and Note refiled 7-6-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 27). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 11-3-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
8. Certificate of Compliance as to 7-6-2000 order, including further amendment of subsections (b)-(c), transmitted to OAL 9-28-2000 and filed 11-13-2000 (Register 2000, No. 46).
9. Amendment filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day.
10. Amendment refiled 7-17-2002 as an emergency, including further amendment of subsections (b) and (c); operative 7-23-2002 (Register 2002, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-20-2002 or emergency language will be repealed by operation of law on the following day.
11. Editorial correction implementing 7-17-2002 amendment of subsections (b) and (c) and adding History 10 (Register 2002, No. 47).
12. Amendment refiled 11-18-2002 as an emergency; operative 11-20-2002 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-2003 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 11-18-2002 order transmitted to OAL 2-20-2003 and filed 4-1-2003 (Register 2003, No. 14).
14. Amendment of subsections (b) and (c) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
§2110. Canceled Materials and Rejected Containers.
Note     •     History

(a) Except as specified in subsection (b) of this section, no person shall pay or receive a refund value, processing payment, administrative fee, handling fee or other payment mandated by the Act or this chapter for any material that has been canceled, any rejected containers, or any line breakage containers.
(b) The Division shall pay applicable payments or fees to a processor for material canceled by the processor and reported pursuant to section 2425 of these regulations.
(1) A processor may issue a written authorization, for a period not to exceed one year, to a recycling center or another processor to cancel material.
(2) The processor shall submit a copy of the authorization in (b)(1) above to the Division at least 12 days prior to its effective date. The Division shall modify the beginning or ending dates, if the authorization is not submitted 12 days prior to its effective date or exceeds the one year limitation in 2110(b)(1) above. The Division shall have the authority to deny the authorization and must notify the parties of such denial, in writing, prior to the date the authorization would have become effective. If the Division does not deny the authorization, in writing, prior to the effective date the authorization shall be deemed approved.
(A) The Division may deny an authorization to cancel only upon the grounds enumerated as follows:
1. If aluminum beverage containers, the recycling center or another processor does not have the capability to shred the material or densify the material to at least 15 pounds per cubic foot.
2. If, for any beverage container type, the recycling center or another processor has been found to be in violation of sections 14538(b) or 14539(b) of the Act within the prior two year period of the requested date of the authorization to cancel and the violation(s) has (have) not been corrected.
(3) Notwithstanding (1), above, a processor shall not issue an authorization to a recycling center or another processor to cancel aluminum beverage containers unless such recycling center or processor either shreds the material or densifies the material to no less than 15 pounds per cubic foot prior to cancellation by shipment to a location of end use or shipment out-of-state and the processor has verified that the recycling center or processor has the equipment to densify, or shred, and that the equipment is properly functioning at the time the authorization is given.
(4) The authorization in (b)(1) above shall contain all of the following information:
(A) The dates during which it shall be in effect.
(B) The certification numbers of both the recycling center or other processor and the authorizing processor.
(C) The material type which the recycling center or other processor is being authorized to cancel and the method of cancellation.
(D) The manufacturer and model number of the equipment being utilized to cancel the material, if applicable, and the manner by which the processor verified that the equipment is properly functioning.
(5) The Division shall have the authority to immediately revoke, effective upon written notification to both parties, any authorization to cancel aluminum beverage containers if the authorized recycling center or other processor is no longer capable of shredding or densifying to at least 15 pounds per cubic foot, or does not do so.
(6) The Division shall have the authority to immediately revoke, effective upon written notification to both parties, an authorization to cancel for any beverage container type, if the recycling center or other processor is found to be in violation of sections 14538(b) or 14539(b) of the Act.
(7) Notwithstanding section 2000(a)(4), material disposed of pursuant to section 2410 shall be deemed canceled.
(c) For material not physically delivered to a processor pursuant to this section and section 2430(a)(3) of these regulations for which the processor paid, or will pay, the refund value, the Division shall have the authority to inspect the load or loads of material, and examine the records pertaining to such loads, at the location of end use or any other location where the material was physically delivered.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14518, 14518.5, 14538, 14539, 14552.51, 14553, 14573 and 14573.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2110 to section 2600, and renumbering and amendment of former section 2608 to section 2110 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Editorial correction of printing error in subsection (a) (Register 92, No. 13).
3. Amendment filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
4. Repealer and new subsections (b)(1) and amendment of subsections (b)(1)(A)-(3)(B), (b)(4)(B)-(C) and (b)(5) filed 9-28-94; operative 9-28-94 (Register 94, No. 39).
5. Amendment of subsections (a), (b), (b)(2)(A)2 and (b)(5) and new subsection (c) filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
6. Change without regulatory effect amending subsections (a) and (b)(1) and Note filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
7. Editorial correction (Register 96, No. 10).
8. Amendment of section heading, section and Note filed 9-27-96; operative 9-27-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 39).
9. Amendment of subsections (a) and (b)(7) filed 6-24-99; operative 7-24-99 (Register 99, No. 26).
10. Editorial correction restoring inadvertently deleted subsection (b)(1) (Register 2004, No. 20).
11. Amendment of subsection (c) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
§2111. Mobile Buyback Pilot Study. [Renumbered]
History

HISTORY

1. Renumbering and amendment of former section 2111 to section 2700 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2112. Load Inspection Requirements. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14538, 14539 and 14553, Public Resources Code.
HISTORY

1. New section filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
2. Amendment of subsection (a)(2) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
3. Provisions previously contained in section 2112 have been amended and relocated to sections 2401 and 2501, filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
§2115. Computation of Time and Weight.
Note     •     History

(a) Time shall be computed or determined in accordance with California Code of Civil Procedure section 12.
(b) Weight shall be measured, recorded and reported in short tons, pounds and fractions thereof. All weighing in this state shall be done on a scale or other device approved, tested and sealed in accordance with division 5 of the Business and Professions Code (Weights and Measures) and any applicable regulations thereunder.
(c) For redemption of empty beverage containers by count, weight shall be determined and noticed as provided in subchapter 12 of these regulations.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14551(b) and 14552, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2115 to section 2705, and renumbering and amendment of former section 2610 to section 2115 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2120. Dates.
Note     •     History

(a) The date of any sale or transfer of material shall be deemed to be the date of delivery to the person receiving it.
(b) Reports, complaints, notices and other information submitted to the Division shall be deemed to be submitted on the date of the postmark or the date received by the Division, whichever is earlier.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14551(b) and 14552, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2120 to section 2000, and renumbering and amendment of former section 2611 to section 2120 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
Article 5. Administrative Actions
§2125. Inspection Authority.
Note     •     History

(a) An applicant, certified operator, or curbside program shall provide access to the operator's facility or program to staff authorized by the Division for any one or all of the following purposes:
(1) To determine compliance with the Division's regulations and with the provisions of the Act, or
(2) To determine the accuracy of the information provided in the application for certification, or
(3) To determine the accuracy of the information provided in the application for curbside registration, or
(4) For the investigation of complaints related to compliance with the Division's regulations and with the provisions of the Act, or
(5) To obtain allowable cost survey data required for the Division to carry out its responsibilities pursuant to sections 14575 and 14585 of the Act, or
(6) To inspect all records, required by section 2420(h), upon which the scrap value surveys are based.
(b) Failure to submit to inspections described in subsection (a) above shall result in either:
(1) Denial of an application if the application is pending, or
(2) Revocation of a certification, or registration, or
(3) Suspension of a certification, or registration.
(4) Imposition of civil penalties pursuant to Section 14591.1 of the Act.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14537, 14538, 14539, 14540, 14549.1, 14575 and 14585, Public Resources Code.
HISTORY

1. Repealer of former section 2125, and renumbering and amendment of former section 2070 to section 2125 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (a) and new subsections (a)(4), (a)(5) and (b)(4), and amendment of Note filed 4-9-92 as an emergency; operative 4-9-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 8-7-92 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a) and new subsections (a)(4), (a)(5) and (b)(4), and amendment of Note refiled 10-5-92; operative 10-5-92 (Register 92, No. 41). A Certificate of Compliance must be transmitted to OAL 2-2-93 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
5. Certificate of Compliance as to 10-5-92 order including amendments transmitted to OAL 6-18-93 and filed 7-28-93 (Register 93, No. 31).
6. Amendment of subsections (a)-(a)(3), (a)(5) and (b) and  Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
7. Amendment of subsections (a), (b)(2) and (b)(3) and amendment of Note filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 7-5-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
8. Amendment of subsections (a), (b)(2) and (b)(3) and amendment of Note refiled 7-6-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 27). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 11-3-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
9. Amendment filed 7-20-2000; operative 8-19-2000 (Register 2000, No. 29).
10. Amendment of subsection (a)(5) and Note filed 2-5-2007 as an emergency pursuant to Public Resources Code section 14536(b); operative 2-5-2007 (Register 2007, No. 6). Pursuant to Public Resources Code section 14536(b)(2), the emergency amendments remain in effect until revised by the director of the Department of Conservation.
11. Certificate of Compliance as to 2-5-2007 order transmitted to OAL 11-21-2007 and filed 12-26-2007 (Register 2007, No. 52).
§2130. Hearings.
Note     •     History

(a) Notice shall be given to the operator of record pursuant to chapter 5 (Administrative Adjudication) of division 3 of title 2 of the Government Code, commencing with Section 11500, of the Division's intent to hold adjudication proceedings to consider any or all of the following:
(1) Revocation of a certificate;
(2) Suspension of a certificate;
(3) Nonrenewal of a certificate; or
(4) Imposition of civil penalties on the certificate holder.
(b) Hearings concerning proceedings in (a) above shall be held in accordance with the provisions of chapter 5 (Administrative Adjudication) of division 3 of title 2 of the Government Code, commencing with Section 11500.
(c) Upon receiving notification of the Division's decision denying a certification application or notification to revoke a certificate issued to a dropoff or collection program or community service program, the operator shall have the right to request a hearing with the Department of Conservation.
(1) The operator shall submit directly to the director of the Department of Conservation, within ten (10) calendar days of receipt of the notification from the Division, a written request for a hearing. Such request shall include, at a minimum, all of the following:
(A) The operator's name, mailing address, and daytime telephone number; and
(B) The requested certification category, as defined in section 2000(a)(5) of these regulations, or current certification number; and
(C) The facility name and street address, if applicable; and
(D) The date on the notification from the Division and the stated reasons for denial or revocation; and
(E) A clear and concise statement of the basis for objecting to denial of the certification application or revocation of the certificate.
(2) The director of the Department of Conservation shall schedule the hearing within twenty (20) working days of receipt of the written request for a hearing.
(3) The director shall make a determination to sustain or reverse the Division's denial of a certification application or revocation of a certificate issued to a dropoff or collection program or community service program based on the Division's preliminary review findings and any additional information submitted at the time of the hearing by the operator.
(4) The operator shall be notified of the determination by the director in writing within seven (7) working days from the date the hearing is conducted.
NOTE

Authority cited: Section 14536, Public Resources Code. Reference: Sections 14511.7, 14538, 14539, 14541 and 14591, Public Resources Code; and Sections 11500-11528, Government Code.
HISTORY

1. Repealer of former section 2130, and renumbering and amendment of former section 2075 to section 2130 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Amendment of subsection (c) and (c)(3) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
3. Amendment of subsections (a)-(a)(3), (b) and (c)(1)(B) and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
§2135. Unfair and Predatory Pricing.
Note     •     History

(a) Complaints submitted pursuant to Section 14588.2 of the Act shall be filed on the Predatory Pricing Complaint Form, DOR 51 (Rev. 01/02) and shall contain all of the following information:
(1) The complainant's name, address, telephone number, facility or business name, and certification number. The complainant shall meet  the requirements of Section 2000(a)(36.5) of these regulations.
(2) The name and address and, if known, the telephone number, certification number, and the owner/representative of the supermarket site recycling center alleged to have engaged in unfair and predatory pricing (hereinafter “respondent”).
(3) A summary of the facts and allegations which form the basis of the complaint, including, but not limited to, all of the following:
(A) The date on which the alleged unfair and predatory pricing took place.
(B) The type of beverage container(s) in question.
(C) The amount paid for the beverage containers in question.
(4) A statement declaring the truth of the information and allegations contained in the complaint and the complainant's dated signature, signed under penalty of perjury.
(b) A complaint must be submitted within 60 days of the alleged occurrence that forms the basis of the complaint.
(c) A complaint will be deemed “received” by the Division, within the meaning of Section 14588.2 of the Act, only if it is submitted on the form prescribed by the Division and is determined by the Division to be complete.
(1) To be complete, a complaint shall contain all of the information required in subsection (a) above and shall comply with the requirements of Section 14588.2(a) of the Act.
(2) Once a complaint is deemed received, the Division shall mail copies of the received complaint to the complainant and the respondent. Each copy shall be clearly marked with the date that the complaint was deemed received.
(3) Upon notification by the Division that a complaint is incomplete pursuant to paragraph (c)(1) above, the complainant shall have ten calendar days in which to provide the information needed to complete the complaint. Any complaint that remains incomplete for more than ten calendar days after the complainant has been notified shall be rejected by the Division and may not be resubmitted by the complainant.
(d) The subject of a complaint submitted pursuant to Section 14588.1 of the Act must be a supermarket site that receives handling fees.
(1) A supermarket site is a “supermarket site that receives handling fees,” as that term is used in Section 14588.1, if the Division determines that a handling fee payment was disbursed to the supermarket site within sixty days before the date of the alleged unfair and predatory pricing.
(2) A compliant will be deficient on its face and rejected without further investigation, if the Division determines that the condition described in paragraph (d)(1) has not been satisfied.
(e) Upon the Division's receipt of a completed complaint regarding a supermarket site that receives handling fees, the Division shall conduct an audit as required by Section 14588.2 of the Act. The Division may conduct field visits and inspect recycler records in conducting the audit.
(1) The Division shall audit a three-day period, including the date of the alleged occurrence, the day before the alleged occurrence, and the day after the alleged occurrence.
(A) No later than five days after being notified of the Division's audit, each recycling center subject to the audit shall provide the Division with the records necessary to complete the audit. The necessary records include, but are not limited to, receipts, logs, and daily summaries. The records may be submitted to the Division via mail or facsimile, or made available to Division staff conducting a field visit to the recycling center.
(B) A recycling center's failure to provide timely or accurate information pursuant to paragraph (e)(1)(A) above is grounds for discipline pursuant to Sections 14591.1 and 14591.2 of the Act.
(2) The Division shall use the data compiled pursuant to paragraph (e)(1)(A) to calculate the average scrap value paid per pound by specified recycling centers.
(3) For purposes of this section, “average scrap value paid” is the per-pound average paid by all specified recycling centers over the three-day period in question, for the material or materials listed in the complaint, exclusive of the refund value. This is calculated by dividing the total amount paid for all audited transactions ($sum) less the total refund value paid for all audited transactions (CRV sum) by the total weight purchased for all audited transactions (#sum) as follows:

	$sum - CRV sum 	=average scrap value paid
	 # sum
(4) Per Section 14588.1(b) of the Act, and for purposes of this section, “specified recycling centers” are those that did not receive handling fees in three or more of the 12 whole months immediately preceding the date of the alleged violation.
(5) The audit will be limited to recycling centers located within either a five-mile or a ten-mile radius of the respondent as specified by Section 14588.1(a)(2) of the Act.
(f) Upon completing the audit required in Section 14588.2 of the Act, the Director, or the Director's designee, shall determine whether there is probable cause to believe that the respondent has engaged in unfair and predatory pricing.
(1) If the Director/designee determines that such probable cause exists, the Department shall convene an informal hearing pursuant to subsection (c) of Section 14588.2. The informal hearing shall be conducted pursuant to Chapter 4.5 (commencing with Section 11445.10) of Part 1 of Division 3 of Title 2 of the Government Code.
(2) If the Director/designee determines that probable cause does not exist, the Division shall notify both the complainant and the respondent of this finding and the complaint shall be dismissed pursuant to paragraph (c)(5)(A) of Section 14588.2 of the Act. The Division shall also resume payment of handling fees to the respondent, including payment of handling fees withheld pending resolution of the pending complaint, if the respondent is otherwise eligible to receive those handling fees.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14588, 14588.1, 14588.2, 14591.1 and 14591.2, Public Resources Code.
HISTORY

1. New section filed 3-9-2000 as an emergency; operative 3-9-2000 (Register 2000, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-7-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-6-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-3-2000 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-6-2000 order transmitted to OAL 8-4-2000 and filed 9-8-2000 (Register 2000, No. 36).
4. Amendment of section and Note filed 2-22-2002 as an emergency pursuant to Public Resources Code section 14536(b); operative 2-22-2002 (Register 2002, No. 8). Pursuant to Public Resources Code section 14536(b)(2) the emergency amendments remain in effect until revised by the director of the Department of Conservation.
5. Amendment of section and Note refiled 6-19-2002 as an emergency pursuant to Public Resources Code section 14536(b); operative 6-21-2002 (Register 2002, No. 25). Pursuant to Public Resources Code section 14536(b)(2) the emergency amendments remain in effect until revised by the director of the Department of Conservation.
6. Certificate of Compliance as to 6-19-2002 order, including further amendment of subsection (f)(2), transmitted to OAL 8-28-2002 and filed 10-8-2002 (Register 2002, No. 41).
7. Editorial correction of subsections (a)(3)(B) and (c)(2) (Register 2004, No. 20).
§2140. Unfair and Predatory Pricing Determination Hearing. [Repealed]
Note     •     History

NOTE

Authority cited: Section 14536, Public Resources Code. Reference: Section 14585(f), Public Resources Code, and Section 11505(c), Government Code.
HISTORY

1. New section filed 12-22-95 as an emergency; operative 1-1-96 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-29-96 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-29-96 as an emergency; operative 4-30-96 (Register 96, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-28-96 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-22-95 order including amendment of subsections (a)(1)-(3), new subsection (c) and subsection relettering transmitted to OAL 8-26-96 and filed 10-7-96 (Register 96, No. 41).
4. Repealer filed 3-9-2000 as an emergency; operative 3-9-2000 (Register 2000, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-7-2000 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-6-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-3-2000 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-6-2000 order transmitted to OAL 8-4-2000 and filed 9-8-2000 (Register 2000, No. 36).
Subchapter 3. Manufacturers
Article 1. Labeling
§2200. Labeling Required.
Note     •     History

(a) A beverage manufacturer shall indicate on every nonrefillable beverage container sold or offered for sale in the state by the beverage manufacturer the message as required in Section 14561 of the Act.
(1) All nonrefillable beverage containers sold, on and after the effective date of inclusion under the Act, by any person to a distributor, dealer, or consumer shall be labeled in accordance with this section.
(b) Beverage containers shall be clearly, prominently, and indelibly marked as indicated in subsection (a) by painting, printing, scratch embossing, raised letter embossing, or permanent ink jetting, in the specific manner indicated in paragraphs (1), (2), (3) or (4):
(1) Metal containers, excluding metal bottles, shall be marked on the top end of the container in minimum lettering size at least 3/16 inch in height. Metal containers, excluding metal bottles, with a top lid of two inches or less in diameter shall have a minimum lettering size of at least 1/8 inch in height.
(A) Scratch embossed lettering shall be of a minimum width of 0.004 inch of disturbed surface metal.
(2) Glass containers and plastic containers shall be free of notations resembling “No Deposit-No Return,” and shall be marked either:
(A) Along the bottom edge of the container body label in minimum lettering size at least 3/16 inch in height;
(B) On or in a secondary label in minimum lettering size at least 3/16 inch in height; or
(C) On a container body label or secondary label with contrasting colors with legible lettering in minimum lettering size at least 1/8 inch in height. Contrasting colors shall direct the reader to the message required in subsection (a).
(3) Plastic portion controlled cups that have peelable, heat sealed lids that are not resealable, shall be marked in a minimum lettering size of at least 1/8 inch in height on either the side of the container only, or on the lid and bottom of the container.
(4) Metal bottles shall be marked on the side of the bottle in minimum lettering size at least 3/16 inch in height.
NOTE

Authority: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14504(c), 14561, 14530.5 and 14536, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2502 to section 2200 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Amendment of subsections (a)-(b)  filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
3. Amendment filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
4. New subsection (b)(3) filed 11-20-2000 as an emergency; operative 11-20-2000 (Register 2000, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-2001 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (b)(1) and Note filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
6. New subsection (b)(3) refiled 3-12-2001 as an emergency; operative 3-12-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-10-2001 or emergency language will be repealed by operation of law on the following day.
7. Change without regulatory effect amending subsection (a) filed 4-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 16).
8. Certificate of Compliance as to 3-12-2001 order transmitted to OAL 5-3-2001 and filed 6-11-2001 (Register 2001, No. 24).
9. Amendment of subsections (b)-(b)(1) and new subsection (b)(4) filed 12-3-2002; operative 1-2-2003 (Register 2002, No. 49).
10. Change without regulatory effect amending subsection (a) filed 3-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 14).
11. Editorial correction of subsection (b)(2)(C) (Register 2004, No. 20).
Article 2. Accounting and Reporting Requirements for Container Manufacturers
§2220. Applicability.
Note     •     History

In addition to the general requirements of subchapter 2 of these regulations, container manufacturers in this state shall comply with the provisions of this article. Persons other than container manufacturers in this state need not comply with this article.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5 and 14536, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2700 to section 2220 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2225. Recordkeeping.
Note     •     History

A container manufacturer shall maintain records of any recycling, processing, or other transfer of containers rejected and any payments therefor. These records shall include receipts from the recycling center, processor, or other recipient. Such receipts shall be signed by the recycling center, processor, or other recipient and shall state the weight by material type of rejected containers and any payments made or credit granted therefor. Such records shall be maintained in accordance with the general requirements set forth in section 2085 of subchapter 2 of these regulations.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14541(d), 14552 and 14575, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2701 to section 2225 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Amendment filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
Article 3. Accounting and Reporting Requirements for Beverage Manufacturers
§2230. Applicability.
Note     •     History

(a) Except where other persons are responsible as provided in subsections (b) and (c), in addition to the general requirements of subchapter 2 of these regulations, a beverage manufacturer shall be responsible for the recordkeeping, reporting, and processing fee payments of this article.
(b) Out-of-state vendors, holding a certificate of compliance with the Department of Alcoholic Beverage Control, of beer and other malt beverages located outside of California which sell or transfer filled beverage containers to California shall, pursuant to Public Resources Code Section 14575(g)(2), be deemed to be the beverage manufacturer for payment of processing fees and shall be responsible for the recordkeeping, reporting, and payment responsibilities described in sections 2235(d), 2240, and 2245.
(c) Beverage manufacturers shall notify the Division in writing if another entity has agreed to report and make payments on the beverage manufacturer's behalf. The beverage manufacturer  shall submit to the Division a copy of the written agreement between the beverage manufacturer and the entity, which has agreed to report and make payments on the beverage manufacturer's behalf. A copy of the written agreement shall be submitted to the Division within 10 working days of the initial agreement and any subsequent changes or termination of the agreement. The agreement shall include but is not limited to:
(1) The name of each company involved in the agreement.
(2) The beverage manufacturer identification number of each company.
(3) The business and mailing address of each company.
(4) A statement signed and dated by an authorized representative from each company indicating one company has agreed to report and pay for another company.
(d) Nothing in this article shall be construed to require the Division to transfer any of the responsibilities set forth in this article, nor shall the Division be prohibited from holding the in-state beverage manufacturer, distributor, dealer, and/or consumer liable for any due and unpaid processing fees.
NOTE

Authority cited: Sections 14506, 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5, 14536 and 14575(g), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2710 to section 2230 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
4. Amendment of subsection (a), repealer and new subsection (c), and new subsections (c)(1)-(4) filed 6-3-99; operative 6-3-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 23).
§2235. Recordkeeping.
Note     •     History

A beverage manufacturer shall maintain the following records in accordance with the general requirements set forth in section 2085 of subchapter 2 of these regulations.
(a) Transactions with a Container Manufacturer. A beverage manufacturer shall maintain the following records evidencing the receipt of beverage containers or components thereof. Such records shall include all bills of lading, other shipping documents, and the following information:
(1) Date of receipt of shipment;
(2) Quantity, material type, size, and component type, if applicable, of beverage containers or components in shipment; 
(3) Full name and address of shipper; and
(4) Cancelled checks or other proof of payment (receipts), invoices, and statements regarding container manufacturers' payment or credit for processing fees pursuant to the Act.
(b) Rejected Containers. A beverage manufacturer shall maintain records of any recycling, processing, or other disposition of rejected containers and any payments therefor. These records shall include receipts or statements signed by the recycling center, processor, or other recipient. Such receipts or statements shall state the weight by material type of rejected containers and any payment made or credit granted therefor.
(c) Sales and Transfers of Beverage Containers by a Beverage Manufacturer. A beverage manufacturer shall maintain records, by individual sale or transfer, of all sales or transfers of beverage containers to distributors, dealers, or consumers, and any payments made therefor. The records shall include all of the following:
(1) The number, by material type, of beverage containers sold or transferred to dealers, distributors, or consumers; 
(2) The date of the sale or transfer; 
(3) The full name and address of the buyer or other transferee, and shipping name and address if different; and
(4) Proof of payment for the beverage containers sold or transferred, such as invoices and statements.
(d) Processing Fee Report Records. A beverage manufacturer shall retain a copy of the Beverage Manufacturer Report, DR-4 (1/00) submitted to the Division pursuant to section 2240 of this subchapter, and proof of payment and receipts for processing fee payments made to the Division.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14537, 14541(c) and (d), 14552 and 14575, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2711 to section 2235 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (d) filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
4. Amendment of first paragraph and subsections (a), (b) and (c)  filed 6-3-99; operative 6-3-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 23).
5. Amendment of subsection (d) filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (d) refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (d) refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-11-2000 order transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).
§2240. Reporting.
Note     •     History

For each month during which a processing fee applies to any beverage container material type sold or transferred by a beverage manufacturer, the appropriate beverage manufacturer, as determined by section 2230, shall prepare and submit to the Division the Beverage Manufacturer Report, DR-4 (1/00). The DR-4 (1/00) shall contain the following information in accordance with the general requirements for reporting as contained in section 2090 of these regulations.
(a) Sales and Transfers of Beverage Containers Subject to a Processing Fee. Each report shall contain all of the following information:
(1) The beverage manufacturer's name, address, manufacturer identification number, contact person, and telephone number of contact person; 
(2) The reporting period; 
(3) The number of beverage containers, by material type, sold or transferred in or into this state during the reporting period which are subject to a processing fee; 
(4) The amount of the processing fee per beverage container and material type (“unit fee”); 
(5) The amount of the processing fee payment for each material type, calculated by multiplying the beverage container count for each material type by the applicable processing fee per container; 
(6) The amount of the total processing fee payment due, which is equal to the sum of the processing fee payments by material type pursuant to subsection (5); and
(7) The signature of an authorized representative and date signed.
(b) The DR-4 (1/00) shall be submitted no later than the tenth day of the second month following the month of sales. For example, sales of January 2000 shall be reported on March 10th, 2000, sales of February 2000 shall be reported on April 10th, 2000, sales of March 2000 shall be reported on May 10th, 2000, etc.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14552 and 14575, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2712 to section 2240 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of first paragraph and subsection (a)(1) filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment of opening paragraph, new subsection (a)(1) and subsection redesignation, amendment of subsection (a)(6) and new subsection (a)(7) filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
4. Amendment filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
5. Amendment of first paragraph filed 6-3-99; operative 6-3-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 23).
6. Amendment of first paragraph and subsection (b) filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
7. Amendment of first paragraph and subsection (b) refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
8. Amendment of first paragraph and subsection (b) refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 8-11-2000 order transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).
§2245. Payments.
Note     •     History

(a) Each beverage manufacturer, except as provided in section 2230(b), shall pay to the Division all applicable processing fees for the beverage containers that the beverage manufacturer sells or transfers to the following entities located in California: distributors, dealers, or consumers.
(b) Calculation of payment. A beverage manufacturer shall pay to the Division for each month the processing fee reported for that month pursuant to section 2240(a).
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14506, 14530.5, and 14575(h), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2713 to section 2245 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Amendment filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment of opening paragraph, subsection (a) and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
4. Amendment of subsections (b) and (c) filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
5. Amendment of first paragraph filed 6-3-99; operative 6-3-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 23).
6. Amendment filed 4-8-2009; operative 5-8-2009 (Register 2009, No. 15).
Subchapter 4. Distributors
Article 1. Distributor Requirements
§2300. Applicability.
Note     •     History

In addition to the general requirements of subchapter 2 of these regulations, distributors shall comply with the provisions of this article. Persons other than distributors need not comply with this article.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5 and 14536, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2720 to section 2300 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2305. Recordkeeping.
Note     •     History

A distributor shall maintain the following records by individual sale or transfer and in accordance with the general requirements set forth in section 2085 of subchapter 2 of these regulations.
(a) Receipt of Beverage Containers. A distributor shall maintain records, by individual sale or transfer, of all beverage containers received, including all containers which bear the message as required in Section 14561 of the Act. The records shall contain all of the following information:
(1) The quantity received by material type, of beverage containers, including all containers which bear the message as required in Section 14561 of the Act;
(2) The full name and address of the beverage manufacturer or other originating person; and
(3) The date the beverage containers, including all containers which bear the message as required in Section 14561 of the Act, were received by the distributor.
(b) Sale or Transfer of Beverage Containers. A distributor shall maintain records, by individual sale or transfer, of all beverage containers, including all containers which bear the message as required in Section 14561 of the Act on all CRV beverage containers, and refillable beverage containers sold or transferred to other distributors, dealers, or consumers. The records shall contain all of the following information:
(1) The quantity by material type of all beverage containers, including all containers which bear the message as required in Section 14561 of the Act, and refillable beverage containers; 
(2) The full name and address (and the shipping or destination name and address, if different) of the dealer, consumer, or other distributor to whom the beverage containers, including refillable beverage containers and containers which bear the message as required in Section 14561 of the Act, were sold or transferred; and 
(3) The date(s) the beverage containers, including all the containers which bear the message as required in Section 14561 of the Act, and refillable beverage containers, were sold or transferred.
(c) The Distributor Report, DR-3 (7/07) and Payments to the Division. A distributor shall maintain the DR-3 (7/07) and payment records prepared pursuant to sections 2310 and 2320 of this subchapter.
(d) Rejected Containers. A distributor shall maintain records of any recycling, processing, or other disposition of rejected containers and any payments therefor. These records shall include receipts or statements signed by the recycling center, processor, or other recipient. Such receipts shall state the weight by material type of the rejected containers and any payment made or credit granted therefor.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5, 14537, 14550(b) and (c), 14561 and 14572.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2721 to section 2305 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
3. Amendment of subsection (c) filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (c) refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (c) refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 8-11-2000 order transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).
7. Change without regulatory effect amending subsections (a)-(a)(1) and (a)(3)-(b)(3) filed 4-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 16).
8. Change without regulatory effect amending section filed 3-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 14).
9. Change without regulatory effect amending Note filed 4-13-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 15).
10. Amendment of subsection (c) filed 12-5-2006 as an emergency; operative 12-5-2006 (Register 2006, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-4-2007 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (c) refiled 3-26-2007 as an emergency; operative 4-4-2007 (Register 2007, No. 13). A Certificate of Compliance must be transmitted to OAL by 8-2-2007 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 3-26-2007 order, including further amendment of subsection (c), transmitted to OAL 6-5-2007 and filed 7-17-2007 (Register 2007, No. 29).
§2310. Reporting.
Note     •     History

(a) A distributor shall prepare and submit to the Division the Distributor Report, DR-3 (7/07) in accordance with the general requirements for reporting contained in section 2090 of these regulations.
(1) The DR-3 (7/07) for sales or transfers of beverage containers shall be submitted by the last day of the second month following the month of sales but no later than the last day of the third month following the month of sales. For example, sales of January 2010 shall be reported on March 31, 2010 but no later than April 30, 2010; sales of February 2010 shall be reported on April 30, 2010 but no later than May 31, 2010; sales of March 2010 shall be reported on May 31, 2010 but no later than June 30, 2010; etc.
(2) The DR-3 (7/07) shall contain all of the following information:
(A) The distributor's name, address, contact person, and telephone number of the contact person;
(B) The distributor's assigned identification number beginning with the prefix “DS”.
(C) The reporting period; 
(D) The total number and total empty weight of beverage containers, by material type and size, including all containers which bear the message as required in Section 14561 of the Act, sold or transferred; 
(E) The total number of beverage containers identified in subparagraph (C);
(F) Redemption payment and administrative fee:
1. The redemption payment for each material type by size, and
2. The total redemption payment,
3. The administrative fee deducted, and
4. The total due to the Division;
(G) The total number and total empty weight of refillable beverage containers sold, transferred, and returned to the distributor. Each of these items shall be reported by material type; and 
(H) The signature of an authorized representative and date signed.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5, 14550(b) and (c), 14560, 14561 and 14574, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2722 to section 2310 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
3. Amendment filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
4. Amendment of section and Note filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section and Note refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 8-11-2000 order transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).
8. Change without regulatory effect amending subsection (a)(3)(D) filed 4-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 16).
9. Change without regulatory effect amending section filed 3-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 14).
10. Editorial correction of subsection (a)(1) (Register 2004, No. 20).
11. Change without regulatory effect amending Note filed 4-13-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 15).
12. Change without regulatory effect repealing subsection (a)(1), renumbering subsections and amending newly designated subsections (a)(1) and (a)(2)(A)-(B) filed 2-8-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 6).
13. Amendment of subsections (a)-(a)(2) and (a)(2)(B) filed 12-5-2006 as an emergency; operative 12-5-2006 (Register 2006, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-4-2007 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsections (a)-(a)(2) and (a)(2)(B) refiled 3-26-2007 as an emergency; operative 4-4-2007 (Register 2007, No. 13). A Certificate of Compliance must be transmitted to OAL by 8-2-2007 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 3-26-2007 order, including further amendment of subsections (a)-(a)(2) and (a)(2)(B), transmitted to OAL 6-5-2007 and filed 7-17-2007 (Register 2007, No. 29).
16. Amendment of subsection (a)(1) filed 12-21-2009 as an emergency; operative 12-21-2009. Submitted to OAL pursuant to Public Resources Code section 14536(b), which provides that the regulation shall be deemed an emergency, shall not be repealed by the Office of Administrative Law, and shall remain in effect until revised by the director of the Department of Conservation (Register 2009, No. 52).
§2315. Reporting Additional Information. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5, 14560, 14561 and 14571.9, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2722.1 to section 2315 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Repealer filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
§2320. Payments.
Note     •     History

(a) The distributor shall pay to the Division the total redemption payment for all beverage containers, including all containers which bear the message as required in Section 14561 of the Act, sold or transferred to dealers or consumers, less the administrative fee authorized in Section 14574 of the Act. Notwithstanding any other provisions of this subchapter, this administrative fee shall not be deducted from the calculated redemption payment, if the Division calculates the redemption payment owed by the distributor to the Division.
(b) Redemption Payments. The distributor shall compute the total redemption payment, by material type, by multiplying the number of beverage containers, including all containers which bear the message as required in Section 14561 of the Act, reported pursuant to section 2310(a), by the currently effective redemption payment per container for that material type. The currently effective redemption payment shall also be applicable for all containers which bear the message as required in Section 14561 of the Act.
(c) The redemption payment per container is determined by the Division pursuant to section 14560 of the Act and section 2900(b) of subchapter 12 of these regulations.
(d) The sum of the individual redemption payments by material type computed pursuant to subsection (b), shall equal the total redemption payment for the reporting period.
(e) Total Payment Due. The total payment due to the Division for each reporting period is calculated by subtracting the administrative fee computed pursuant to Section 14574(a) of the Act from the total redemption payment computed pursuant to subsection (b). 
(f) Recycling Center Handling Fee. The distributor shall negotiate a handling fee with each recycling center which returns or causes to be returned empty refillable beer or other refillable malt containers.
(g) Redemption Payment Due Date. The redemption payment for sales or transfers of beverage containers is due to the Division by the last day of the second month following the month of sales or transfers but not later than the last day of the third month following the sales or transfers.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14561, 14572.5 and 14574, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2723 to section 2320 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Amendment of subsection (a) filed 9-27-96; operative 9-27-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 39).
3. Amendment filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
4. Amendment of subsections (a) and (e) filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (a) and (e) refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (a) and (e) refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 8-11-2000 order transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).
8. Change without regulatory effect amending subsections (a)-(b) filed 4-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 16).
9. Editorial correction of subsection (b) (Register 2001, No. 40).
10. Amendment of subsection (b) filed 12-3-2002; operative 1-2-2003 (Register 2002, No. 49).
11. Change without regulatory effect amending subsections (a) and (b) filed 3-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 14).
12. Amendment of subsection (a), repealer of subsection (e) and subsection relettering filed 12-5-2006 as an emergency; operative 12-5-2006 (Register 2006, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-4-2007 or emergency language will be repealed by operation of law on the following day.
13. Amendment of subsection (a), repealer of subsection (e) and subsection relettering refiled 3-26-2007 as an emergency; operative 4-4-2007 (Register 2007, No. 13). A Certificate of Compliance must be transmitted to OAL by 8-2-2007 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 3-26-2007 order transmitted to OAL 6-5-2007 and filed 7-17-2007 (Register 2007, No. 29).
15. Amendment of subsection (e) filed 4-8-2009; operative 5-8-2009 (Register 2009, No. 15).
16. New subsection (g) filed 12-21-2009 as an emergency; operative 12-21-2009. Submitted to OAL pursuant to Public Resources Code section 14536(b), which provides that the regulation shall be deemed an emergency, shall not be repealed by the Office of Administrative Law, and shall remain in effect until revised by the director of the Department of Conservation (Register 2009, No. 52).
Subchapter 5. Processors
Article 1. Requirements for Processors
§2400. Operation Standards.
Note     •     History

(a) All certified processors shall operate in accordance with all of the following requirements:
(1) Processors certified by the Division shall begin operation within sixty (60) calendar days of approval of the certification. Failure to begin operation within sixty (60) calendar days shall result in invalidation of the certification by the Division.
(2) The processor shall accept one or more type(s) of redeemable beverage container(s).
(3) Certified processors shall redeem empty beverage containers from any certified operators of recycling centers, dropoff or collection programs, or community service programs and operators of curbside programs which have been issued an identification number in accordance with these regulations. Payments shall be made in accordance with section 2430 of these regulations.
(4) Certified processors shall make payments and invoice the Division within the time periods specified in article 3 of this subchapter.
(5) Certified processors shall cancel redeemable beverage containers in any one or more of the manners prescribed in section 2000(a)(4) of these regulations.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14539, 14573, 14573.5 and 14573.6, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2100 to section 2400 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Amendment of subsections (a)(1), (a)(2), and (a)(6), new subsection (a)(3), and subsection renumbering filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. Amendment of subsections (c) and (c)(3) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of article heading and subsection  (a)(3), repealer of subsections (a)(5)-(8) and subsection renumbering, and amendment of new subsection (a)(5) filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
5. Editorial correction of Note (Register 96, No. 10).
§2401. Load Inspection Requirements.
Note     •     History

(a) Certified processors shall inspect each load of containers, subject to the Act, delivered to the processor, for which refund value is claimed, to determine whether the load is eligible for any refund value and, if so, to determine whether the load is segregated or commingled, as follows:
(1) For any load delivered to a processor from a dropoff or collection program, community service program, curbside program or recycling center, each processor taking delivery of the material shall visually inspect each load of material by monitoring the unloading and/or conveyor process to determine eligibility and whether the load is segregated or commingled.
(b) In addition to the requirements of section 2110 of these regulations, a load of aluminum material shall be deemed not eligible for any refund value if there are pieces of broken, densified bales or biscuits of aluminum beverage containers within the load. This does not include cans which have merely been flattened. A load of plastic material shall be deemed not eligible for any refund value, if pieces of bales of plastic are found in the load.
(c) Once eligibility is determined, payment shall be calculated pursuant to section 2430 of these regulations.
(d) All out-of-state material, whether labeled with the message required in Section 14561 of the Act or not, and all rejected and line breakage containers are not eligible for any refund value payments.
(e) Notwithstanding Section 2530(b)(1) of these regulations, a certified processor shall not inspect, weigh or receive a load of material subject to the Act from a recycling center unless and until the shipper's section of the shipping report is completed and accompanies the load of material delivered to the certified processor's site.
(f) All rejected, line breakage or out-of-state containers in the load, whether labeled or not with the message required in Section 1451 of the Act, must be excluded from the received weight of the load.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14539 and 14553, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2112 to new section 2401 filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
2. Amendment of subsection (b) filed 6-24-99; operative 7-24-99 (Register 99, No. 26).
3. Change without regulatory effect amending subsection (d) filed 4-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 16).
4. Change without regulatory effect amending subsection (d) filed 3-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 14).
5. Amendment of subsection (d) and new subsections (e) and (f) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
Article 2. Notification Requirements
§2405. Notification Requirements.
Note     •     History

(a) Notwithstanding the requirements of section 2040 of these regulations, certified processors shall notify the Division in writing ten (10) calendar days prior to any of the following events:
(1) Change of name under which the processing facility is doing business,
(2) Change of business or mailing address or phone number of operator,
(3) Separation from parent company, if applicable,
(4) Merger with another company,
(5) Dissolution of the organization type identified in the application for certification,
(6) Change in the type of redeemable beverage containers accepted,
(7) A change in the method a processor is using to cancel containers,
(8) Any change in a processor's status as a beneficiator as defined in section 2000(a)(3.1) of these regulations and Section 14503.6 of the Act.
(9) A change in the agent for service of process, if applicable,
(10) Any change in hours of operation, as presented in the application for certification or subsequent notification to the Division, during which certified operators and curbside programs can deliver beverage containers to the processing facility. Processors who do not maintain regular hours are exempt from this subsection, and nothing in this subsection shall result in processors being subject to the fine and penalty provisions of the Act, 
(11) A change in the type of organization,
(12) Change in the name of the contact person for the operator, 
(13) Change in corporate officers, if applicable,
(14) Change in the name of organization,
(15) Any change in business ownership.
(b) A processor who intends to be decertified shall submit a written notification to the Division, which includes the proposed effective date.
NOTE

Authority cited: Section 14536(b), Public Resources Code. Reference: Sections 14503.6, 14539 and 14575, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2105 to section 2405 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (b), repealer and new subsection (a)(7) and new subsections (a)(8) and (a)(9) filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. New subsection (a)(7)(A) and amendment of Note filed 12-30-92 as an emergency; operative 12-30-92 (Register 93, No. 1). A Certificate of Compliance must be transmitted to OAL 4-29-93 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a)(8) and (a)(10) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
5. Amendment of subsection (a)(2), new subsection (a)(8) and subsection redesignation, amendment of subsections (a)(9)-(10), new subsections (a)(12)-(14) and amendment of Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
6. Amendment of subsections (a), (a)(5) and (a)(14) and new subsection (a)(15) filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
§2410. Notice of Disposal.
Note     •     History

(a) Except as provided at Sections 14552.5 and 14552.51 of the Act, no processor shall dispose, have disposed, or authorize a recycling center operator to dispose of any empty beverage containers without written notice submitted to the Division at least ten days prior to disposal. For purposes of this section, disposal shall include burning, landfilling, or any other method of handling or processing material that is not consistent with recycling.
(1) Such notice shall clearly identify the place of disposal.
(2) The notice shall state the weight of the material, by material type, to be disposed.
(3) The notice shall be signed by an authorized representative of the processor and state the date and place of the signing.
(4) The signature block shall state that the information in the notice is correct to the best knowledge of the person signing the notice.
(5) For a specific load, or loads, authorization to dispose granted to a recycling center operator shall satisfy the requirement for authorization to cancel, pursuant to section 2110 of these regulations.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14501(h), 14518, 14519, 14538, 14539, 14552.5 and 14552.51, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2609 to section 2410 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Amendment filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment of subsection (a), new subsection (a)(5) and amendment of Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
Article 3. Accounting and Reporting Requirements
§2415. Applicability.
Note     •     History

In addition to the general accounting requirements of subchapter 2, processors shall comply with the accounting and reporting provisions of this article. Persons other than processors need not comply with this article.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5 and 14536, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2740 to section 2415 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2420. Recordkeeping.
Note     •     History

Processors shall maintain the following records in accordance with the general requirements set forth in section 2085 of these regulations.
(a) Shipping reports. Processors shall obtain shipping reports from each recycling center and also prepare shipping reports for material received from all other persons. Processors shall retain copies of all shipping reports.
(b) Weight tickets. Processors shall prepare and retain weight tickets indicating material and weight of individual loads of beverage containers by material type received from recycling centers and other persons. A copy of any weight ticket prepared pursuant to this section shall be provided to the shipper unless the receiving processor and the shipper are the same person and located at the same physical address or location.
(c) Processor reports to the Division. Processors shall retain copies of reports to the Division pursuant to section 2425 of these regulations.
(d) Verification of cancellation. Processors shall retain proof that the processor canceled or had canceled in accordance with section 2000(a)(4) of these regulations all empty beverage containers received. The verification shall include:
(1) For shipments by sea, the proof of cancellation by export from the state shall be the on-board bill of lading.
(2) For other shipments out of the State or to a location of end use, the proof of cancellation shall include a receipt issued by the person receiving the shipment and any applicable bill of lading.
(3) For other forms of cancellation defined in section 2000(a)(4) of these regulations, proof shall be a certification prepared in accordance with subsection 2090(d) of these regulations and signed by the person performing the cancellation. The certification shall identify the cancelled materials, the date of cancellation, and the method of cancellation, pursuant to subsections 2000(a)(4)(A), (B), (C), (D), (E), or (F) of these regulations.
(e) Records of processor to processor transactions. Processors shall prepare and retain a record of all exchanges of materials subject to the Act. Such records shall identify: 
(1) The shipping processor and receiving processor(s):
(2) The date of the shipment, material type, and the weight of the material; and
(3) The amount of mixed-color glass collected by curbside program(s).
(f) Notices of Disposal. Processors shall retain copies of written notices of disposal sent to the Division pursuant to section 2410 of these regulations.
(g) The processor shall prepare and retain a receipt setting forth the weight and type of material delivered to the processor and payment made or credit granted for all scrap transactions. In addition, the receipt shall indicate if the load consisted of rejected containers, line-breakage containers, or out-of-state beverage containers.
(h) Records of scrap value survey data. Processors shall maintain records to support all of the information provided to the Division on the Scrap Value Purchases Survey Form DOR - SV (10/00) required by Section 2425(f) of this subchapter.
NOTE

Authority cited: Sections 14530.5, 14536 and 14536.1, Public Resources Code. Reference: Sections 14504, 14537, 14539, 14550, 14552 and 14575, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2741 to section 2420 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsections (a)(1)-(3) and (b) and adoption of subsection (h) filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. New subsections (i) and (j) and amendment of Note filed 4-9-92 as an emergency; operative 4-9-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 8-7-92 or emergency language will be repealed by operation of law on the following day.
4. New subsections (i) and (j) and amendment of Note refiled 10-5-92; operative 10-5-92 (Register 92, No. 41). A Certificate of Compliance must be transmitted to OAL 2-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-5-92 order including amendment of subsection (i) transmitted to OAL 6-18-93 and filed 7-28-93 (Register 93, No. 31).
6. Amendment of section and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
7. Amendment of subsection (h) and Note filed 2-27-95 as an emergency; operative 2-27-95. A Certificate of Compliance must be transmitted to OAL by 8-26-95 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (h) and Note refiled 8-14-95 as an emergency; operative 8-26-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-22-96 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (h) and Note filed 12-22-95 as an emergency pursuant to Public Resources Code section 14536.1; operative 1-1-96 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 7-1-96 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of History 9 (Register 96, No. 10).
11. Amendment of subsection (h) and Note refiled 6-26-96 as an emergency pursuant to Public Resources Code section 14536.1; operative 6-30-96 (Register 96, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-27-96 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsections (d) and (d)(3) filed 9-27-96; operative 9-27-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 39).
13. Certificate of Compliance as to 6-26-96 order, including amendment of subsection (h), transmitted to OAL 10-22-96 and filed 12-6-96 (Register 96, No. 49).
14. Amendment of subsection (h) and amendment of Note filed 4-12-99 as an emergency; operative 4-12-99 (Register 99, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-9-99 pursuant to Public Resources Code section 14536.1 or emergency language will be repealed by operation of law on the following day.
15. Strikeout version of DOR 7/95 2 (Rev. 11/95), and a copy of DOR 6/98 2 (Rev. 11/98) filed with the Secretary of State 4-19-99 (Register 99, No. 17).
16. Reinstatement of section as it existed prior to 4-12-99 action by operation of Government Code section 11346.1(f) (Register 99, No. 43).
17. Amendment of subsection (h) and Note filed 12-21-99 as an emergency; operative 1-1-2000 (Register 99, No. 52). Pursuant to Public Resources Code section 14536.1 a Certificate of Compliance must be transmitted to OAL by 6-29-2000 or emergency language will be repealed by operation of law on the following day.
18. Editorial correction of History 17 (Register 2000, No. 27).
19. Reinstatement of section as it existed prior to 12-21-99 emergency amendment pursuant to Government Code section 11346.1(f) (Register 2000, No. 27).
20. Amendment of subsection (h) and Note filed 7-5-2000 as an emergency; operative 7-5-2000 (Register 2000, No. 27). Pursuant to Public Resources Code section 14536.1 a Certificate of Compliance must be transmitted to OAL by 1-2-2001 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 7-5-2000 order, including further amendment of subsection (h) and Note, transmitted to OAL 12-19-2000 and filed 1-30-2001 (Register 2001, No. 5). 
22. Amendment of subsection (b) filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
23. Amendment of subsection (e) and new subsections (e)(1)-(3) filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day.
24. Amendment of subsection (e) and new subsections (e)(1)-(3) refiled 7-17-2002 as an emergency; operative 7-23-2002 (Register 2002, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-20-2002 or emergency language will be repealed by operation of law on the following day.
25. Amendment of subsection (e) and new subsections (e)(1)-(3) refiled 11-18-2002 as an emergency; operative 11-20-2002 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-2003 or emergency language will be repealed by operation of law on the following day.
26. Certificate of Compliance as to 11-18-2002 order transmitted to OAL 2-20-2003 and filed 4-1-2003 (Register 2003, No. 14).
27. Amendment of subsection (b) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
§2425. Reporting.
Note     •     History

The processor initially receiving material from recycling centers, curbside programs, dropoff or collection programs, or community service programs shall prepare and submit to the Division the report described in this section.
(a) The report, whether submitted electronically or by hardcopy, shall be submitted monthly or, at the option of the processor, up to thirty (30) times per calendar month. The reporting periods for the month must cover from the beginning to the end of the calendar month and not overlap any days.
(1) All reports shall be submitted no later than 30 days after the last day of the reporting period.
(2) Processors shall be allowed to submit no more than four supplemental processor invoices per material type, per original processor invoice, provided each is submitted no later than forty-five (45) days from the following events:
(A) The due date of the original processor invoice that the supplemental processor invoice covers, if it is for new shipping reports not previously submitted with the original processor invoice being supplemented; or
(B) The date appearing on the Notice of Denial (NOD) if the reports were previously denied or if the reports are a combination of new shipping reports not previously submitted with the original processor invoice and previously denied shipping reports.
(3) Processors shall be allowed to submit multiple amended processor invoices per material type, per original processor invoice, provided each is submitted no later than thirty (30) days after the due date of the original processor invoice being amended.
(4) Nothing herein shall limit the Division's authority to accept an amended processor invoice.
(b) The report shall contain the following information, by material type, in addition to the general requirements for reporting contained in section 2090 of these regulations.
(c) A summary of the processor's transactions during the period covered by the report, including all of the following information:
(1) The total weight of all material, including empty beverage containers received by the processor; and
(2) The total weight of empty beverage containers received, and the refund value, and applicable administrative and processing payments paid for such material by material type; and
(3) Total payments requested from the Division for the period. These payments are computed as the sum of the total reported refund value paid, the administrative fees paid, and the processing payments paid.
(d) Each report shall also include copies of the shipping reports for the period of the report. The total number of shipping reports included shall be specified.
(e) Each report shall also contain a shipping report prepared by the processor for each shipment of materials received from any curbside program, dropoff or collection program, or community service program, and a shipping report for each shipment of materials received from a recycling center that has been prepared by the recycling center and completed by the processor. Each report shall include all of the following information:
(1) The name and identification number or certification number, of the entity shipping the material to the processor; and
(2) The name and the certification number of the processor receiving the material; and
(3) The date the material was received and the material type covered by the report; and
(4) The received weight, excluding line breakage, rejected containers, and out-of-state containers; and
(5) The total weight of empty beverage containers purchased by the basis for the refund value payment (e.g. segregated and weighed; commingled and weighed, segregated and counted); and, for plastic, aluminum, and glass, collected by a curbside program, or a dropoff or collection program that meets the requirements of Section 2850, the registered curbside program or certified entity eligible for the quality incentive payment shall be identified as either the Shipper (S), or the Receiver (R) in the QIP (Quality Incentive Payment) Box. 
(6) The refund value paid; and
(7) The total administrative fees paid, when applicable; and
(8) The processing payments paid; and
(9) The name and signature of the shipper or an authorized representative of the shipper and date signed; and
(10) The weight ticket date and weight ticket number; and
(11) The shrinkage deduction taken, if any; and
(12) The name and signature of an authorized representative of the processor and the date signed.
(f) Additionally each certified processor shall submit a Scrap Value Purchases Survey Form DOR - SV (10/00) report for purchases of beverage container material types every month. The DOR - SV (10/00) Scrap Value Purchases Survey Form shall be submitted to the Division no later than the 10th day of the month following the month of the report. The DOR - SV (10/00) Scrap Value Purchases Survey Form must be submitted regardless  of whether or not purchases occurred in the applicable time period. In addition to the general requirements for reporting contained in section 2090 of these regulations, the DOR - SV (10/00) Scrap Value Purchases Survey Form shall contain all of the following information, if applicable:
(1) The processor's name, address and certification number, physical address, including city, phone number and date prepared; and,
(2) The month covered by the report; and
(3) The total weight, in tons, of each beverage container material type purchased, even if zero, from nonaffiliated sellers, excluding beverage container material types received in a form mixed with other beverage material types or material types not covered by the Act, in each of the following categories: certified recycling centers, dropoff or collection programs, community service programs, processors, registered curbside programs, any certified and non-certified entities; in the case of glass, beneficiating and nonbeneficiating processors shall be reported separately; and
(4) The total weight, in tons, of each beverage container material type received from affiliates and/or subsidiaries. Beverage container material that processors receive in a form mixed with other beverage container material types and/or material types not covered by the Act, whether from affiliates or nonaffiliates, shall be reported with the affiliated transaction after the material has been sorted and the received weight determined.
(5) The total net payment for the reported total monthly weight, in tons, for each beverage container material type purchased, by the reporting processor from nonaffiliated sellers in each of the categories listed in item 3 above; and
(6) For glass only, the monthly total weight, in tons, of purchased beverage container material types by color; and the monthly total weight of color sorted or mixed glass purchased from any non-affiliated beneficiating or nonbeneficiating processor; and
(7) For plastic, the monthly total weight, in tons, of purchased beverage container material types, by each plastic resin code type (1 through 7); and
(8) The printed name and signature of an authorized representative of the reporting processor.
(g) Processors purchasing materials directly from more than one curbside program, dropoff or collection program, or community service program may apply to the Division to request the use of alternative methods for preparing the corresponding shipping reports. The Division shall consider each proposed alternative method and issue a written approval or denial within forty-five (45) calendar days.
(1) In order for alternative methods to be accepted, they must be based on reasonable allocation methods.
(2) An application for an alternative allocation method shall be denied if:
(A) The received weight of the material purchased by an entity from the processor is not used to calculate allocations to the curbside programs, dropoff or collection programs, or community service programs; or
(B) The processor does not ensure that the weight of rejected containers, line breakage, and out-of-state containers is not included in the allocated weight (this does not require a physical separation); or
(C) The processor does not account for each incoming load of material; or
(D) The processor does not inspect incoming material to verify that it is eligible for refund value payments, as specified in section 2401.
(3) Processors may file a formal appeal by writing the Assistant Director for Recycling within thirty (30) calendar days after the receipt of a notice denying an application requesting an alternative method for shipping report preparation. Appeals submitted after this time period shall be rejected. All written appeals shall include:
(A) A copy of the notice denying the allocation method;
(B) A detailed explanation of why the determination was in error; and,
(C) Any other documentation that supports the appeal. 
(4) A written decision on the appeal shall be sent to the processor within seven (7) calendar days of the receipt of the appeal.
(h) Processors purchasing commingled glass from a certified dropoff or collection program including a “waste reduction facility”, a certified community service program, or a registered curbside program, shall visually inspect every load delivered to determine eligibility for refund value and the level of contamination in the load. If a load presented to a processor is eligible for refund value and has residual or other contamination, the processor shall reduce the load for shrinkage. If a load has a residual or other contamination level of greater than 10% by weight, and the load is otherwise eligible for refund value, the receiving processor shall request an alternative method of preparing the shipping report for payment. The Division shall consider each proposed alternative method and issue a written approval or denial within forty-five (45) calendar days.
(1) In order for the alternative method to be accepted, it must:
(A) Be based on a recycled glass cleaning process that produces cullet which meets the American Society for Testing and Materials standard specification for waste glass as a raw material for the manufacture of glass as specified in Section 2000(a)(3.1)(A).
(B) Clearly state:
1. That the received weight, for beverage container redemption purposes, shall be determined from the cullet produced in (A) above.
2. That the redemption weight shall be determined using the applicable commingled rates and the received weight from 1.
3. That, if a sampling procedure will be used to determine the received weight of contaminated loads from each entity, the sampling procedure must be included with the request for an alternative method of preparing the shipping report.
(2) An application for an alternate method will be denied if:
(A) The total weight of all contaminated materials received at the facility is not recorded.
(B) All material received at this facility is not inspected for the presence of out-of-state, rejected, or line breakage containers and this weight excluded from shipping reports.
(C) Records accurately supporting both cullet sold and residual or contaminated material disposed of or used for an alternative market is not made available to Department staff upon request.
(D) The method does not clearly account for the weight of empty beverage containers for each certified dropoff or collection program including a “waste reduction facility”, certified community service program, or registered curbside program from which the processor receives this material.
(3) When used in this subsection, “waste reduction facility” means a dropoff or collection program certified by the Department, which separates beverage container material types from mixed waste.
NOTE

Authority cited: Sections 14530.5, 14536 and 14536.1, Public Resources Code. Reference: Sections 14504, 14515.5, 14518.5, 14519.5, 14537, 14539, 14549.1, 14550, 14552, 14552.51, 14575 and 18015, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2742 to section 2425 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of first paragraph and subsections (c)(1), (e)(1)-(2) and adoption of subsection (e)(7)  filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. New subsections (f)-(f)(3)(H) and amendment of Note filed 4-9-92 as an emergency; operative 4-9-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 8-7-92 or emergency language will be repealed by operation of law on the following day.
4. New subsections (f)-(f)(3)(H) and amendment of Note refiled 10-5-92; operative 10-5-92 (Register 92, No. 41). A Certificate of Compliance must be transmitted to OAL 2-2-93 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (f) and amendment of Note filed 12-30-92 as an emergency; operative 12-30-92 (Register 93, No. 1). A Certificate of Compliance must be transmitted to OAL 4-29-93 or emergency language will be repealed by operation of law on the following day.
6. Amendment of first paragraph and subsection (e) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
7. Certificate of Compliance as to 12-30-92 order including amendment of subsections (f)-(f)(7) transmitted to OAL 6-18-93 and filed 7-28-93 (Register 93, No. 31).
8. Amendment of section and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
9. Amendment of subsections (f), (f)(4), and (f)(6) and Note filed 2-27-95 as an emergency; operative 2-27-95. A Certificate of Compliance must be transmitted to OAL by 8-26-95 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsections (f), (f)(4), (f)(6) and Note refiled 8-14-95 as an emergency; operative 8-26-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-22-96 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (f), repealer of subsection (f)(3), subsection renumbering, amendment of newly designated subsection (f)(5) and amendment of Note filed 12-22-95 as an emergency pursuant to Public Resources Code section 14536.1; operative 1-1-96 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 7-1-96 or emergency language will be repealed by operation of law on the following day.
12. Change without regulatory effect amending subsections (c)(2),  (c)(3), (c)(5) and (e)(6) and Note filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
13. Editorial correction of subsection (f)(1) and History 11 (Register 96, No. 10).
14. Amendment of subsection (f), repealer of subsection (f)(3), subsection renumbering, amendment of newly designated subsection (f)(5) and amendment of Note refiled 6-26-96 as an emergency pursuant to Public Resources Code section 14536.1; operative 6-30-96 (Register 96, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-27-96 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 6-26-96 order, including amendment of subsections (a)(4) and (f), transmitted to OAL 10-22-96 and filed 12-6-96 (Register 96, No. 49).
16. Amendment of subsections (f), (f)(1) and (f)(3), new subsections (g)-(k) and subsection relettering filed 7-24-98 as an emergency; operative 7-24-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 1-22-99 pursuant to Public Resources Code section 14536.1 or emergency language will be repealed by operation of law on the following day.
17. Editorial correction of History 16 (Register 98, No. 43).
18. Reinstatement of section as it existed prior to 7-24-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 99, No. 13).
19. Amendment of subsection (f), repealer of subsections (f)(1)-(7), new subsections (g)-(g)(4), subsection relettering and amendment of Note filed 4-12-99 as an emergency; operative 4-12-99 (Register 99, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-9-99 pursuant to Public Resources Code section 14536.1 or emergency language will be repealed by operation of law on the following day.
20. Strikeout version of DOR 7/95 2 (Rev. 11/95), and a copy of DOR 6/98 2 (Rev. 11/98) filed with the Secretary of State 4-19-99 (Register 99, No. 17).
21. Reinstatement of section as it existed prior to 4-12-99 action by operation of Government Code section 11346.1(f) (Register 99, No. 43).
22. New subsections (h)-(h)(3) and amendment of Note filed 10-18-99; operative 11-17-99 (Register 99, No. 43).
23. Amendment of subsection (f), new subsections (f)(7) and (f)(8) and amendment of Note filed 12-21-99 as an emergency; operative 1-1-2000 (Register 99, No. 52). Pursuant to Public Resources Code section 14536.1 a Certificate of Compliance must be transmitted to OAL by 6-29-2000 or emergency language will be repealed by operation of law on the following day.
24. Amendment of subsection (e)(3), new subsections (e)(3)(A)-(B), redesignation of former subsections (h)(1)(B)(i)-(iii) to subsections (h)(1)(B)1.-3. and amendment of Note filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 7-5-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
25. Editorial correction of History 23 (Register 2000, No. 27).
26. Reinstatement of section as it existed prior to 12-21-99 emergency amendment pursuant to Government Code section 11346.1(f) (Register 2000, No. 27).
27. Amendment of subsection (f), new subsections (f)(7) and (f)(8) and amendment of Note filed 7-5-2000 as an emergency; operative 7-5-2000 (Register 2000, No. 27). Pursuant to Public Resources Code section 14536.1 a Certificate of Compliance must be transmitted to OAL by 1-2-2001 or emergency language will be repealed by operation of law on the following day.
28. Amendment of subsection (e)(3), new subsections (e)(3)(A)-(B), redesignation of former subsections (h)(1)(B)(i)-(iii) to subsections (h)(1)(B)1.-3. and amendment of Note refiled 7-6-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 27). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 11-3-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
29. Certificate of Compliance as to 7-6-2000 order, including further amendment of subsections (e)(3)(A)-(B), transmitted to OAL 9-28-2000 and filed 11-13-2000 (Register 2000, No. 46).
30. Certificate of Compliance as to 7-5-2000 order, including further amendment of subsections (f), (f)(3)-(4) and (f)(6)-(7), repealer of subsection (f)(8), and subsection renumbering, transmitted to OAL 12-19-2000 and filed 1-30-2001 (Register 2001, No. 5). 
31. New subsections (a)(3) and (a)(5) and subsection renumbering filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
32. Editorial correction of subsection (f)(6) (Register 2002, No. 13). 
33. Amendment of subsection (e)(3) and repealer of subsections (e)(3)(A)-(B) filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day.
34. Amendment of subsection (e)(3) and repealer of subsections (e)(3)(A)-(B) refiled 7-17-2002 as an emergency; operative 7-23-2002 (Register 2002, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-20-2002 or emergency language will be repealed by operation of law on the following day.
35. Amendment of subsection (e)(3) and repealer of subsections (e)(3)(A)-(B) refiled 11-18-2002 as an emergency; operative 11-20-2002 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-2003 or emergency language will be repealed by operation of law on the following day.
36. Certificate of Compliance as to 11-18-2002 order transmitted to OAL 2-20-2003 and filed 4-1-2003 (Register 2003, No. 14).
37. Editorial correction of subsections (f) and (h)(1)(B)2. (Register 2004, No. 20).
38. Amendment of subsections (a)-(a)(2)(A) and (a)(3), repealer of subsections (a)(4)-(5), subsection renumbering, amendment of subsection (e), new subsections (e)(2)-(3), repealer of subsections (e)(8) and (e)(10), subsection renumbering, and amendment of newly designated subsections (e)(5) and (e)(9) and subsection (e)(12) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
39. Amendment of subsection (e)(5) filed 6-21-2007 as an emergency; operative 6-21-2007. This regulatory action meets the emergency standard and is mandated to remain in effect until revised by the Director of the Department of Conservation pursuant to Public Resources Code section 14536(b)(2) (Register 2007, No. 25).
40. Amendment filed 1-28-2010; operative 2-27-2010 (Register 2010, No. 5).
§2430. Payments.
Note     •     History

(a) Payments to recycling centers.
(1) Substantiation of payment. The processor shall weigh, and pursuant to section 2401, inspect all loads received from recycling centers before completing the receiver's section of the shipping reports. The processor shall do all of the following for materials received from recycling centers:
(A) Verify all calculations are accurate and that all other pieces of information shown on the shipping report, including signatures, are filled in.
(B) Record the received weight, excluding the weight of rejected containers, line breakage and out-of-state containers provided by the shipping recycler, onto the shipping report.
(C) Sign and date the shipping report to verify the receipt of the materials as indicated on the report.
(D) Calculate the refund value payment. If the redemption weight does not exceed the received weight by more than 2.5 percent, then the processor shall reimburse the recycler the refund value claimed. Otherwise, the processor shall multiply the received weight by the segregated rate per pound and record that amount as the refund value paid.
(E) Calculate the processing payment. If the redemption weight does not exceed the received weight by more than 2.5 percent, then the processor shall multiply the redemption weight claimed by the processing payment in effect on the date the material was received and pay that amount. Otherwise, the processor shall multiply the received weight by the processing payment in effect on the date the material was received and pay that amount.
(F) Calculate the administrative fee. The processor shall multiply the refund value paid from (D) by the administrative fee rate in effect on the date the material was received and pay that amount.
(2) In addition to the provisions of this section, processors shall not make any payments pursuant to the Act for materials which have not been delivered to the processor unless the following conditions are met:
(A) The shipper is a certified recycling center to which the processor has given authorization to cancel pursuant to section 2110 of these regulations; and
(B) The delivery to a location of end use and cancellation are verified in accordance with section 2420(d) of these regulations.
(3) In the case of processors that do not take delivery of the material, the weight shall mean the weight received by the entity to whom the material is physically delivered.
(4) In no case shall a processor make any payments pursuant to the Act for any material which the processor has rejected for any reason.
(b) Payments to curbside programs. Processors shall pay the refund value, administrative fees and any applicable processing payments for materials delivered to the processor from curbside programs. Processors shall adjust the refund value rate to account for shrinkage in the same manner as set forth in subsection 2535(e) of these regulations.
(1) Substantiation of payment. The processor shall compute the refund value, administrative fees and applicable processing payments based upon the materials delivered on the shipping report prepared pursuant to subsection 2425(c) of these regulations. The processor shall provide a duplicate copy of the shipping report to the shipper. Notwithstanding any other provision of this subchapter, curbside programs may not be paid at more than the applicable statewide average commingled rate, or the Division's approved individual commingled rate.
(2) Calculation of payment and fee.
(A) The processor shall pay based on the received weight of the material, excluded the weight of rejected, line breakage and out-of-state containers, multiplied by:
1. the statewide commingled rate, or the Division's approved individual commingled rate in effect on the date received; and
2. the per pound processing payment in effect on the date received, when applicable.
(B) In addition, administrative fees shall be calculated as three-fourths of one percent (3/4%) of the total refund value.
(c) Payments to dropoff or collection programs and community service programs. Processors shall adjust the refund value rate to account for shrinkage in the same manner as set forth in subsection 2535(e) of subchapter 6 these regulations. Notwithstanding any other provision of this subchapter, dropoff or collection, and community service programs may not be paid at more than the applicable statewide average commingled rate, or the Division's approved individual commingled rate.
(1) Substantiation of payment. Based upon materials received, the processor shall prepare a shipping report which states the refund value and applicable processing payments paid. The shipping report shall be prepared pursuant to subsection 2425(c) of these regulations. The processor shall provide a copy of the shipping report to the shipper.
(2) Calculation of payment and fee.
(A) The processor shall pay based on the received weight of the material, excluding the weight of rejected, line breakage and out-of-state containers, multiplied by:
1. the statewide commingled rate, or the Division's approved individual commingled rate in effect on the date received; and
2. the per pound processing payment in effect on the date received, when applicable.
(d) Payments for canceled material. The authorizing processor shall make payment in accordance with Section 14573.5 of the Act, to recycling centers for canceled material provided the material is shipped to the authorizing processor or to a location designated by the authorizing processor. For such transactions, program payments will be issued by the Division to processors issuing the written authorization to cancel. Program payments will not be issued by the Division to processors for loads for which they have received authorization to cancel.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14518.5, 14539, 14552(a), 14572 and 14573.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2743 to section 2430 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Amendment filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment of subsection (c) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of subsections (b)(2)(B)1 and (c)(2)(B)-(B)1 and Note filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (b)(2)(B)1, (c)(2)(B)-(B)1 and Note refiled 1-24-94 as an emergency; operative 2-3-94 (Register 94, No. 4).  A Certificate of Compliance must be transmitted to OAL 6-3-94 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to emergency amendment filed 1-24-94 by operation of Government Code section 11346.1(f) (Register 94, No. 39).
7. Amendment filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
8. Amendment of subsections (b), (b)(1), (b)(2)(A), (c), (c)(2)(A), (c)(2)(B) and Note filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 10-27-94 order including amendment of section transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
10. Change without regulatory effect amending section and Note filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
11. Amendment of subsection (a)(1)(D) and new subsection (d) filed 9-27-96; operative 9-27-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 39).
12. Amendment of subsections (a)(5)-(a)(5)(B) filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
13. Amendment of subsections (a)(3) and (b)(2)(B) filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsections (a)(3) and (b)(2)(B) refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
15. Amendment of subsections (a)(3) and (b)(2)(B) refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 8-11-2000 order transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).
17. Amendment of subsection (a)(1) filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
18. Editorial correction of subsection (c) (Register 2004, No. 20).
19. Amendment of subsections (b) and (c) filed 6-28-2004; operative 7-28-2004 (Register 2004, No. 27).
20. Amendment filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
Subchapter 6. Recycling Centers
Article 1. Requirements for Recycling Centers
§2500. Operation Standards.
Note     •     History

(a) With the exception of recycling centers which meet the criteria for grandfathering, all certified recycling centers shall operate in accordance with all of the following requirements:
(1) Recycling centers certified by the Division shall begin operation within sixty (60) calendar days of approval of the certification. Failure to begin operating within sixty (60) calendar days shall result in invalidation of the certification by the Division.
(2) The recycling center shall accept from customers all of the following:
(A) All types of redeemable beverage containers; and
(B) With the exception of reverse vending machines, refillable beer and malt beverage containers.
(3) The recycling center shall make all payments in accordance with section 2535 of these regulations.
(4) Unless an exception is provided for elsewhere in this Chapter, each certified recycling center shall be open for business during the following hours:
(A) At least thirty (30) hours per week, and
(B) At least five (5) hours per week shall be other than 9:00 a.m. to 5:00 p.m. on Monday through Friday; and
(C) Up to fifteen (15) hours each week shall be other than 9:00 a.m. to 5:00 p.m. on Monday through Friday if the Division, subsequent to a public hearing, determines that it is necessary to further the recycling goals specified in Section 14501 of the Act. In making its determination, the Division shall consider, but not be limited to, the following:
1. Convenience to the public,
2. Alternative recycling opportunities available to the public, and
3. If the Division has received three or more complaints against the certified recycling center regarding its operating hours outside of 9:00 a.m. to 5:00 p.m., Monday through Friday.
(b) A recycling center which is staffed and is not a reverse vending machine shall have an employee present during its posted hours and shall display a sign having a minimum size of two feet by two feet (576 square inches) informing the public that the recycling center is open for business. Where local zoning or ordinance restricts the size of the sign to less than two feet by two feet, the sign shall be the maximum size allowable. Where the physical location of the posted sign restricts the size of the sign, a sign varying from the specifications contained in this section may be posted if requested in writing and approved in writing by the Division. The sign shall contain, at a minimum, the word “OPEN” in lettering at least 10 inches in height.
(1) If the recycling center consists of dropoff receptacles with refund value payment occurring elsewhere on the property, the operator of the recycling center shall take the following actions:
(A) A sign shall be placed on or at the front of the receptacles with lettering of at least 3/8 inch in height which informs the customer that all types of empty beverage containers will be accepted and redeemed at all  open check-out stands, or exactly where on the property the customer may redeem the beverage containers.
(B) A person shall be present during the hours posted at the recycling center to inspect the empty beverage containers pursuant to Article 3 of this subchapter and pay customers the refund value.
(C) A sign shall be posted during the hours open for business at the designated area where the public may redeem beverage containers. The sign shall contain, at a minimum, the words “OPEN” and “RECYCLING CENTER.” The word “OPEN” shall consist of lettering at least 10 inches in height. The words “RECYCLING CENTER” shall be on a separate line and consist of lettering at least 3 1/2 inches in height.
(c) An operator of a recycling center who does not accept all types of redeemable beverage containers may continue to do so and shall be certified as a recycling center, provided all of the following conditions are met:
(1) The recycling center was operating in the same location on January 1, 1986, or if it is a reverse vending machine, the machine was operational on January 1, 1986;
(2) The recycling center did not accept all types of redeemable beverage containers at the same location as of January 1, 1986;
(3) The recycling center continues to redeem, at a minimum, those beverage containers it accepted at the same location as of January 1, 1986; and
(d) A recycling center which meets the criteria to be grandfathered shall make payments in accordance with section 2535 of these regulations.
(e) Each certified recycling center which does not utilize a reverse vending machine shall post the following near the certification sign provided by the Division and in a conspicuous location which can be easily seen by the public:
(1) A legible sign indicating its hours of operation; and
(2) A refund price sign indicating the prices paid by weight or per container and by material type (i.e. aluminum, glass, plastic or bimetal). A refund price sign shall meet the following specifications:
(A) Dimensions. The sign shall be two feet by two feet (576 square inches).
(B) Content. In addition to the prices paid as required in subsection (e)(2) above, the sign shall contain, at a minimum, the statements as indicated in Figure 9. A refund price sign varying from the specifications of this section may be posted if requested in writing and approved in writing by the Division.

View Graphic

Figure 9.
(f) Each certified recycling center utilizing a reverse vending machine shall post the following on each machine near the certification sign provided by the Division:
(1) A legible sign indicating its hours of operation, and
(2) A refund price sign or decal indicating the prices paid by weight or per container for each material type accepted by that reverse vending machine. The refund price sign or decal shall be at a minimum 15 square inches with lettering of at least 3/8 inch in height. A refund price sign or decal not meeting the requirements of this section may be posted if requested in writing and approved in writing by the Division.
(3) A sign which specifies the method approved by the Division for redeeming empty beverage containers which are odd-sized, made of materials other than aluminum, glass or plastic, or otherwise not accepted by the reverse vending machine or if the reverse vending machine is out of order. If in-store redemption is the alternative method, a sign which is at a minimum 120 square inches with lettering of at least 1/2 inch in height shall be posted which specifies that containers will be redeemed at all open cash registers or the sign must designate exactly where redemption will occur.
(A) If beverage containers are not redeemed at all open registers, a sign shall be posted where refund value payment occurs within the store. The sign shall contain, at a minimum, the words “Redeem CA beverage containers here”, and consist of lettering at least 3 inches in height.
(g) The operator of a certified recycling center shall maintain records and submit reports regarding redemption activities in compliance with Article 3 of this subchapter.
(h) Notwithstanding section 2060(e) of these regulations, if all of the requirements of section 2525(k) are met, a certified recycling center may collect, and pay refund value for, empty beverage containers at a church, school, business where beverages are consumed, or other community service organization.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14501(i), 14515.6, 14538, 14571, 14571.3, 14572(a), (b) and (c) and 14572.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2500 to section 2000, and renumbering and amendment of former section 2080 to section 2500 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. Amendment of subsections (a), (d) and (f)(2)(B) and new subsection (h) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of subsection (a)(4), repealer of subsections (c)(4) and (d) and subsection relettering, and amendment of newly designated subsection (e)(2)(B) filed 10-19-93; operative 10-19-93 (Register 93, No. 43).
5. Amendment of subchapter heading and section filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
6. Amendment of subsection (f)(3) filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
7. Amendment of Figure 9. filed 12-3-2002; operative 1-2-2003 (Register 2002, No. 49).
8. Change without regulatory effect amending subsection (e)(2)(B) filed 3-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 14).
§2501. Load Inspection Requirements.
Note     •     History

(a) Certified recycling centers shall inspect each load of containers, subject to the Act, delivered to the recycling center, for which refund value is claimed, to determine whether the load is eligible for any refund value and, if so, to determine whether the load is segregated or commingled, as follows:
(1) For transactions with consumers, the recycling center shall remove the containers from any bag, box or other receptacle used to deliver the material to the recycling center and visually inspect the containers prior to determining the basis for payment and paying the seller. In no case shall a certified recycling center pay or claim the refund value for any material not inspected by the recycling center.
(2) For any load delivered to a recycling center, from a dropoff or collection program, community service program, curbside program or other recycling center, each recycling center taking delivery of the material shall visually inspect each load of material by monitoring the unloading and/or conveyor process to determine eligibility and whether the load is segregated or commingled.
(b) In addition to the requirements of section 2110 of these regulations, a load of material shall be deemed not eligible for any refund value if any one of the following conditions exist:
(1) There are pieces of broken, densified bales or biscuits of aluminum beverage containers within the load. This does not include cans which have merely been flattened.
(2) Pieces of bales of plastic are found in the load.
(3) The motor vehicle, if any, used to deliver the load has a license plate from any foreign country, or any state other than California, unless all of the following conditions are met:
(A) The person delivering the load is not a noncertified recycler, as defined at Section 14520.6 of the Act; and,
(B) The total refund value of material delivered by any one person per day does not exceed fifty dollars ($50.00); and,
(C) The load is not ineligible pursuant to subsection (b)(1), above.
(c) Once eligibility is determined payment shall be calculated pursuant to section 2535(d), of these regulations.
(d) All out-of-state material, whether labeled with the message required in Section 14561 of the Act or not, and all rejected and line breakage containers are not eligible for any refund value payments.
(e) All rejected, line breakage or out-of-state containers in a load delivered from another recycling center, dropoff or collection program, community service program or curbside program, whether labeled or not with the message required in Section 14561 of the Act, must be excluded from the received weight of the load.
(f) All loads containing out-of-state material received from consumers are not eligible for any refund value payments.
(g) Loads received from consumers shall have rejected or line breakage containers removed from the load or the load is not eligible for any refund value payments.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14538 and 14553, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2112 to new section 2501 filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
2. New subsection (b)(2) and subsection renumbering filed 6-24-99; operative 7-24-99 (Register 99, No. 26).
3. Change without regulatory effect amending subsection (d) filed 4-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 16).
4. Change without regulatory effect amending subsection (d) filed 3-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 14).
5. Amendment of subsection (d) and new subsections (e)-(g) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
§2502. Labeling Required. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2502 to section 2200 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2505. Notification Requirements.
Note     •     History

(a) Notwithstanding the requirements of section 2040 of these regulations, certified recycling centers shall notify the Division in writing ten (10) calendar days prior to any of the following events:
(1) Change of name under which the recycling center is doing business,
(2) Change of business address, mailing address or phone number of operator,
(3) Separation from parent company, if applicable,
(4) Merger with another company,
(5) Discontinuance of operation,
(6) Dissolution of the organization type identified in the application for certification,
(7) Change in the type of redeemable beverage containers accepted,
(8) Any change in the hours of operation as presented in the application for certification or by subsequent notification to the Division,
(9) For recycling centers which consist of reverse vending machines, a change in the method approved by the Division for redeeming empty beverage containers which are odd-sized, made of materials other than aluminum, glass, and plastic, or otherwise not accepted by the reverse vending machine, or
(10) Change in the agent for service of process, if applicable,
(11) Change in the type of organization,
(12) Change in the name of the contact person for the operator,
(13) Change in corporate officers, if applicable,
(14) Change in the name of the organization,
(15) Any change in business ownership.
(b) Within five (5) calendar days of the date the recycling center began redeeming empty beverage containers, the operator of the recycling center shall notify the Division in writing of the actual date the recycling center began redeeming. Failure to do so or to provide an accurate date will result in denial of handling fee payments for the months the operator failed to notify, or provide an accurate date to, the Division.
(c) The operator of a supermarket site shall notify the Division in writing, within ten (10) working days, of the closure of the supermarket or dealer where the recycling center is located.
(d) The operator of a certified recycling center who intends to be decertified shall submit a written notification to the Division, which includes the proposed effective date.
(e) The operator of a supermarket site shall notify the Division in writing, within five (5) calendar days, if the recycling center is moved within the supermarket or dealer parking lot. Nothing in this section is intended to require a recycling center to report to the Division movement related to the emptying of recycling equipment.
NOTE

Authority cited: Section 14536(b), Public Resources Code. Reference: Sections 14515.6, 14526.6, 14538, 14571(d) and 14585, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2085 to section 2505 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Repealer of subsection (a)(7), subsection renumbering, amendment of newly renumbered subsections (a)(7) and (a)(8), new subsection (a)(9), and amendment of subsection (b) filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. New subsection (b), subsection relettering and amendment of Note filed 1-6-93 as an emergency; operative 1-6-93 (Register 93, No. 2). A Certificate of Compliance must be filed 5-6-93 or emergency language will be repealed by operation of law on the following day.
4. New subsection (b), subsection relettering and amendment of Note refiled 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (a)(9) and (d) and new subsection (a)(10) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
6. Certificate of Compliance as to 5-6-93 order, including amendments to subsection (b), new subsections (c) and (f) and subsection relettering, and amendment of newly designated subsection (e) transmitted to OAL 9-3-93 and filed 10-19-93 (Register 93, No. 43).
7. Amendment of subsections (a)(2), (9) and (10), new subsections (a)(11)-(13), amendment of subsection (d), repealer of subsection (e) and subsection redesignation filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
8. Change without regulatory effect amending subsections (c) and (e) filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
9. Amendment of subsection (a), new subsections (a)(6) and (a)(15), subsection renumbering and amendment of newly designated subsections (a)(13)-(14) filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
10. Editorial correction of subsection (b) (Register 2004, No. 20).
11. Change without regulatory effect amending Note filed 4-13-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 15).
Article 1.5. Requirements for Nonprofit Dropoff Programs
§2510. Operation Standards. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14514.5, 14538, 14541.5, 14571 and 14572(a) and (b), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2510 to section 2070, and renumbering and amendment of former section 2090 to section 2510 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Repealer of subsection (a)(1), amendment of former subsection (a)(1)(A) including redesignation to (a)(1), filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. Amendment of article heading and repealer of section  filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
§2515. Notification Requirements. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536(b), Public Resources Code. Reference: Sections 14538, 14541.5, 14542(c) and 14571.9, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2095 to section 2515 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Repealer of subsection (a)(8), subsection renumbering, amendment of newly designated subsection (a)(8), new subsection (a)(9) and amendment of subsection (b) filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. Repealer filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
Article 2. Handling Fees
§2516. Eligibility Criteria.
Note     •     History

(a) In addition to meeting the requirements of  Section 14585 of the Act, a recycling center shall meet all of the following criteria for handling fees eligibility on the first day of the calendar month for which they are claimed. A recycling center must be:
(1) certified, operational, and accepting and paying refund value to consumers for all empty beverage container material types; and
(2) located within a convenience zone; and
(3) a “supermarket-site” recycling center as defined in Section 14526.6 of the Act, or a nonprofit convenience zone recycler as defined in Section 14514.7 of the Act, or a rural region recycler as defined in Section 14525.5.1 of the Act; and
(4) the only certified, non-grandfathered recycling center in the convenience zone.
(b) The Division shall inspect each supermarket site, nonprofit convenience zone recycler, or rural region recycler to determine whether such sites satisfy the requirements of this section.
(c) Commencing January 1, 1993, a recycling center, which locates within a convenience zone, thereby causing a preexisting recycling center to become ineligible to receive handling fees, shall never be eligible to receive handling fees in that convenience zone. Such ineligibility shall apply to the parent company, its subsidiaries and affiliates even if the preexisting recycling center ceases to operate within the convenience zone. Such ineligibility shall also apply to the parent, the subsidiaries and the affiliates of any grandfathered recycling center which elects to begin accepting all material types.
(d) A rural region recycler may combine total monthly beverage container purchases from two or more of its convenience zone sites to establish eligibility for a single handling fee payment by submitting the following information monthly in writing:
(1) The certification numbers and addresses of the locations where receipt and/or log transactions are to be combined;
(2) The month and year of the transactions to be combined;
(3) The company name, address, contact person and business phone number, signed and dated by the contact person.
(e) The additional information required in subsection (d) shall be submitted no later than the fifth day of the first month following the reporting month. A rural region recycler that fails to provide this information by the date specified in this subsection shall not be eligible for a single handling fee payment based on combined monthly beverage container purchases from two or more of its convenience zone sites.
(f) A rural region recycler shall submit a separate Handling Fee Application Form (Form DR-14 (1/00)) for each convenience zone site which is combined with one or more convenience zone sites to establish eligibility for a single handling fee payment.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14513.4, 14514.7, 14525.5.1, 14526.6, 14552, 14571.8(b), 14572 and 14585, Public Resources Code.
HISTORY

1. New section filed 1-6-93 as an emergency; operative 1-6-93 (Register 93, No. 2). A Certificate of Compliance must be filed 5-6-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of  Compliance as to 5-6-93 order, including amendments to subsections (a), (a)(3), (a)(4), (b) and (c) transmitted to OAL 9-3-93 and filed 10-19-93 (Register 93, No. 43).
4. Amendment of article heading filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
5. Amendment of subsections (a)(3) and (b), new subsections (d)-(f), and amendment of Note filed 1-21-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-21-2000 (Register 2000, No. 3). This regulatory action is not a statutorily deemed emergency as provided for in Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-22-2000 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (a)(3) and (b), new subsections (d)-(f), and amendment of Note refiled 5-16-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 5-16-2000 (Register 2000, No. 3). A Certificate of Compliance must be transmitted to OAL by 9-13-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 5-16-2000 order transmitted to OAL 8-4-2000 and filed 9-8-2000 (Register 2000, No. 36).
8. Editorial correction of subsection (d)(1) (Register 2004, No. 20).
9. Amendment of subsection (a)(2) filed 10-26-2005; operative 11-25-2005 (Register 2005, No. 43).
10. Amendment of subsection (e) filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).
§2517. Termination of Eligibility.
Note     •     History

(a) A recycling center's eligibility for handling fees shall terminate if that supermarket-site recycling center, nonprofit convenience zone recycler, or rural region recycler, fails to meet the criteria established in Section 2516 of this subchapter or any other criteria established in Section 14585 of the Act or if, commencing January 1, 1993:
(1) Another recycling center certifies and begins operation, or a grandfathered recycling center amends their certification application to begin accepting all beverage container types, within the convenience zone in which a recycling  center is eligible to receive handling fees. Eligibility will terminate sixty (60) days from the effective date of the second recycling center's certification and operational date; or,
(2) The convenience zone served by a recycling center is deleted due to the closure of a supermarket, or exempted by the Department pursuant to Section 14571.8 of the Act, or the dealer where the supermarket site is located closes. Eligibility will terminate at the end of the month in which the supermarket or dealer closes or a convenience zone exemption is granted.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14513.4, 14525.5.1, 14526.6, 14552, 14571.8(b), 14572 and 14585, Public Resources Code.
HISTORY

1. New section filed 1-6-93 as an emergency; operative 1-6-93 (Register 93, No. 2). A Certificate of Compliance must be filed 5-6-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of  Compliance as to 5-6-93 order, including repealer and new subsection (a) and amendment of subsections (a)(1) and (a)(2) transmitted to OAL 9-3-93 and filed 10-19-93 (Register 93, No. 43).
4. Change without regulatory effect amending subsection (a)(2) filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
5. Amendment of subsection (a) and Note filed 1-21-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-21-2000 (Register 2000, No. 3). This regulatory action is not a statutorily deemed emergency as provided for in Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-22-2000 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (a) and Note refiled 5-16-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 5-16-2000 (Register 2000, No. 3). A Certificate of Compliance must be transmitted to OAL by 9-13-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 5-16-2000 order transmitted to OAL 8-4-2000 and filed 9-8-2000 (Register 2000, No. 36).
§2518. Calculations and Payments.
Note     •     History

(a) The Division shall determine handling fee payments for a recycling center meeting the requirements of Section 14585 of the Act and Section 2516, above, based on data contained in the Handling Fee Application Form (Form DR-14 (1/00)) by performing the following calculations:
(1) The reported redemption weights shall be converted to number of empty beverage containers using the Division's statewide average containers-per-pound rate for each material type, and pursuant to Subsection 14585(e) of the Act.
(2) The total number of empty beverage containers for the calendar month shall be calculated by summing the number of empty aluminum, glass, plastic and bimetal beverage containers. If the total number of empty beverage containers is less than the minimum number required by Section 14585(a)(2)(A) of the Act, the recycling center is not eligible for handling fees for that calendar month.
(3) The Division shall determine the number of empty beverage containers eligible for handling fees pursuant to Subsection 14585(a)(4) of the Act.
(4) On and after July 1, 2008, the Department shall pay a handling fee per eligible beverage container as determined by the handling fee cost survey required by Section 14585(f) of the Act.
(b) Prior to release of handling fees for each month during which a recycling center is eligible, the Division may determine that such fees should be withheld for any of the following reasons:
(1) The Division has prevailed against the recycler in a  civil or administrative action and money is owed to the Division as a result of the action.
(2) The Division determines, based on information contained in the shipping reports filed pursuant to Section 2530 of Article 3 of Subchapter 6, that the recycler has received handling fees for materials which were not redeemed for refund value and such discrepancies between reported redemption weights and shipping weights are more than two and one-half percent.
NOTE

Authority cited: Sections 14530.5, 14536 and 14552(e), Public Resources Code. Reference: Sections 14504, 14526.6 and 14585, Public Resources Code.
HISTORY

1. New section filed 10-19-93; operative 10-19-93 (Register 93, No. 43).
2. Change without regulatory effect amending section and Note filed 7-13-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 28).
3. Change without regulatory effect amending subsections (a)-(a)(3) and (a)(4)(A) and Note filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
4. Amendment of subsections (a), (a)(2) and (a)(4)(A)-(B) and amendment of Note filed 1-21-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-21-2000 (Register 2000, No. 3). This regulatory action is not a statutorily deemed emergency as provided for in Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-22-2000 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (a) and  (a)(4)(A)-(B) and amendment of Note refiled 5-16-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 5-16-2000 (Register 2000, No. 3). A Certificate of Compliance must be transmitted to OAL by 9-13-2000 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 5-16-2000 order transmitted to OAL 8-4-2000 and filed 9-8-2000 (Register 2000, No. 36).
7. Change without regulatory effect amending subsection (a)(2) filed 3-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 14).
8. Amendment of subsections (a)(1)-(2), repealer and new subsection (a)(4) and repealer of subsections (a)(4)(A)-(B) filed 2-5-2007 as an emergency pursuant to Public Resources Code section 14536(b); operative 2-5-2007 (Register 2007, No. 6). Pursuant to Public Resources Code section 14536(b)(2), the emergency amendments remain in effect until revised by the director of the Department of Conservation.
9. Certificate of Compliance as to 2-5-2007 order transmitted to OAL 11-21-2007 and filed 12-26-2007 (Register 2007, No. 52).
§2519. Handling Fee Appeals.
Note     •     History

(a) Recycling centers may file a formal appeal by writing to the Division within thirty (30) calendar days of the warrant date of the payment or the date of the Notice of Denial (NOD). Appeals submitted after this time period will be rejected. All written appeals must include:
(1) A list of applicable certification numbers and corresponding facility addresses; and,
(2) the month(s) and year(s) in question; and,
(3) the canceled, original Form(s) DR-14 (1/00) and NOD(s), if this is an appeal of a denial; and,
(4) a copy of the remittance advice, if this is an appeal of a payment determination; and,
(5) a short explanation of why you believe the determination was in error; and,
(6) any other documentation that supports your appeal.
(b) A decision on the appeal will be sent, in writing, within fifteen (15) working days of receipt of the appeal.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14526.6 and 14585, Public Resources Code.
HISTORY

1. New section filed 10-19-93; operative 10-19-93 (Register 93, No. 43).
2. Amendment of subsection (a)(4) filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
3. Change without regulatory effect repealing subsection (a)(2), subsection renumbering, and amendment of subsection (a)(3) and Note filed  12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
4. Amendment of subsection (a)(3) and Note filed 1-21-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-21-2000 (Register 2000, No. 3). This regulatory action is not a statutorily deemed emergency as provided for in Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-22-2000 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (a)(3) and Note refiled 5-16-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 5-16-2000 (Register 2000, No. 3). A Certificate of Compliance must be transmitted to OAL by 9-13-2000 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 5-16-2000 order transmitted to OAL 8-4-2000 and filed 9-8-2000 (Register 2000, No. 36).
Article 3. Accounting and Reporting Requirements
§2520. Applicability.
Note     •     History

In addition to the general accounting requirements of subchapter 2, recycling centers shall comply with the accounting and reporting provisions of this article.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5 and 14536, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2730 to section 2520 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Editorial correction restoring article 4 heading (Register 93, No. 19).
3. Amendment of article heading and section filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
§2525. Recordkeeping.
Note     •     History

Recycling centers shall maintain the following records in accordance with the general requirements set forth in section 2085 of these regulations.
(a) Except for reverse vending machines as provided in subsection 2525(c) below, the recycling centers shall prepare and maintain a copy of a press pre-numbered receipt or a receipt produced by an automatic computer-generated numbering system that cannot be altered by the participant, for any purchase or donation of empty beverage containers in the amount of one hundred dollars ($100.00) or more in refund value. A copy of the receipt shall be provided to the person selling or donating the material, and shall include all of the following information:
(1) The total weight or count of materials by material type (the recycling center shall comply with section 2535(f) but may treat different colors of glass as different material types only for recordkeeping purposes pursuant to this section); and
(2) The total payment made by the recycling center or the amount paid for each material type; and
(3) The basis for the refund value payment (e.g., segregated and counted, segregated and weighed, commingled, or, if no refund value is paid, indicate scrap only); and
(4) The certification number of the recycling center; and
(5) The date of the sale or donation; and
(6) The printed name and signature of the person selling or donating the material, or a statement explaining why such could not be obtained; and
(7) Additional information identifying the person selling or donating the material. The additional information shall be either: the person's valid driver license number and state of issuance or vehicle license number and state of issuance. If neither identifying item is available, a California Identification Card number may be substituted. In the absence of any of these items of identification, a statement shall be required explaining why the additional information could not be obtained.
(b) Except for reverse vending machines as provided in subsection 2525(c) below, for all purchases or donations with a total refund value of less than one hundred dollars ($100.00), the recycling center shall either prepare a receipt pursuant to subsection 2525(a), or shall maintain a log setting forth the information required by subsections (a)(1) through (a)(6) above. Any item of additional identifying information specified in subsection 2525(a)(7) above may be substituted for the printed name of the person selling or donating the material.
(c) For all material received from a reverse vending machine owned or operated by the recycling center, the recycling center shall prepare a receipt or log each time material is removed from the reverse vending machine, or if material is removed more than once a day, on a daily basis. The receipt or log shall set forth the meter reading, date, total weight, and certification number. Recycling centers shall retain such receipts or logs in their records along with the copies of any receipts issued by the machine. For redemption transactions other than machine transactions, receipt and log requirements pursuant to 2525(a) or (b) shall be followed.
(d) For all donations made anonymously, such as those left at the recycling center when the recycling center is not open for business, the recycling center shall prepare a receipt or log setting forth the information required by subsections 2525(a)(1) through (a)(5) above. The refund value stated on such a receipt shall be based on the applicable commingled rate. Such receipts or log entries shall be prepared on at least a daily basis for all days when the recycling center receives anonymous donations.
(e) The recycling center shall retain a copy of any shipping report which the recycling center prepares or receives from another recycling center pursuant to section 2530 of these regulations.
(f) The recycling center shall retain a copy of the weight ticket prepared by the recycling center, or provided by the person receiving material from the recycling center, describing the weight of shipped material by material type.
(g) The recycling center shall retain a copy of any report to the Division for handling fee prepared pursuant to section 2530 of these regulations.
(h) The recycling center shall prepare and retain a receipt setting forth the information required by subsection (b) of this section for all scrap transactions. In addition, the receipt shall indicate whether the load consisted of rejected containers, line-breakage containers, or out-of-state beverage containers.
(i) The recycling center shall prepare and retain daily summaries of all receipt and log transactions, including donations, for each shipping report. The summaries shall contain the total weight or the weight by basis for the refund value payment (e.g., segregated and counted, segregated and weighed, commingled, or, if no refund value is paid, indicate scrap only) and the corresponding refund value for each day of the shipping report period.
(j) Records of allowable cost. Recycling centers shall maintain records containing the information specified at section 2960(b)(1) through (12), inclusive.
(k) Certified recycling centers collecting materials pursuant to section 2500(h) shall, in addition to subsections (a) through (j) of this section, do both of the following:
(1) Maintain a written agreement at the recycling center which is between the recycling center and the church, school, business where beverages are consumed, or other community service organization. The agreement must include, at a minimum, the following:
(A) The name, address, and certification number of the recycling center, as well as the name and phone number of a contact person at the recycling center; and
(B) The name and address of the organization to be served by the recycling center, as well as the name and phone number of a contact person at the organization; and
(C) Language, typed or legibly handwritten in English, which states the agreement between the recycling center and the organization and includes the material type of beverage containers to be picked up and the method of determining the weight of beverage containers picked up.
(2) Prepare, issue and maintain a receipt for the transaction, regardless of the amount of the transaction. The receipt shall be in the form of a press pre-numbered receipt and shall include all of the information specified in section 2525(a)(1) through (a)(6) and section 2525(k)(1)(B) of these regulations.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14537, 14538, 14552, 14575 and 14585, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2731 to section 2525 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. New subsection (j) and amendment of Note filed 4-9-92 as an emergency; operative 4-9-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 8-7-92 or emergency language will be repealed by operation of law on the following day.
4. New subsection (j) and amendment of Note refiled 10-5-92; operative 10-5-92 (Register 92, No. 41). A Certificate of Compliance must be transmitted to OAL 2-2-93 or emergency language will be repealed by operation of law on the following day.
5. New subsections (k)-(k)(2) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
6. Amendment of subsection (g) and Note filed 10-19-93; operative 10-19-93 (Register 93, No. 43).
7. Amendment filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
8. Editorial correction of subsection (k)(1)(C) (Register 96, No. 10).
9. Amendment of subsection (a)(1) filed 9-27-96; operative 9-27-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 39).
10. Amendment of subsection (a)(1) filed 6-28-2004; operative 7-28-2004 (Register 2004, No. 27).
11. Editorial correction of subsection (k) (Register 2004, No. 39).
12. Amendment of subsections (a) and (b) and amendment of Note filed 11-2-2004; operative 12-2-2004 (Register 2004, No. 45).
13. Amendment of subsection (i) filed 1-28-2010; operative 2-27-2010 (Register 2010, No. 5).
§2530. Reporting.
Note     •     History

Recycling centers shall prepare and submit all of the following reports in accordance with the general requirements for reporting of section 2090 of these regulations.
(a) A shipping report for each delivery (of material subject to the Act) between:
(1) the recycling center and any other recycling center; or
(2) the recycling center and the processor; or
(3) the recycling center and a dropoff or collection program, community service program, or curbside program, as provided in subdivision (f), below.
(b) The shipping recycling center shall indicate on the shipping report all information listed under subsection 2530(e)(1) through (6), provide the shipping report containing this information to the person receiving the shipment and shall retain a completed copy; the shipping report shall accompany the material shipped, except as noted in (1) below. For shipments to processors, the recycling center shall receive a copy of the completed shipping report from the processor upon payment, pursuant to section 2430(a)(1) of these regulations.
(1) In the case of glass, recyclers may add up the daily summaries until total weight is equal to received weight and claim the corresponding redemption weight and refund value. In such cases, a shipping report need not accompany the load.
(c) The shipping report shall be based upon any receipts or log entries prepared pursuant to section 2525 above, or any shipping reports for material received by recycling centers from other recycling centers.
(d) Copies of any shipping reports for material received by a recycling center from other recycling centers, dropoff or collection programs, community service programs, or curbside programs, shall be appended to the shipping report prepared pursuant to this section.
(e) Except as provided for in subsection (f) below, a separate shipping report shall be prepared for each material type and shall include all of the following information:
(1) The name, address, and certification number of the recycling center shipping the material as well as the name and telephone number of a contact person; and
(2) The name and certification number of the recycling center or processor receiving the material; and
(3) The period and the material type covered by the report; and
(4) The following information based upon the information contained in the receipts and logs and the received shipping reports:
(A) Total weight of empty beverage containers purchased by basis for the refund value payment (e.g. segregated and weighed, commingled and weighed, segregated and counted).
(B) The redemption weight of the material.
(C) The total refund value.
(5) The number of attached shipping reports which pertain to material included in the shipment.
(6) The printed name, title and signature of an authorized representative of the recycling center and the date signed.
(f)  For material received by the recycling center from a dropoff or collection program, community service program or curbside program, the recycling center shall prepare a separate shipping report for each material type and provide a copy of the completed shipping report to the shipping dropoff or collection program, community service program or curbside program. Shipping reports prepared pursuant to this subsection shall contain all of the following information: 
(1) The name, certification or identification number for the entity shipping the material, as well as the name and telephone number of a contact person; and
(2) The name and certification number of the recycling center receiving the material; and
(3) The date the material was received and the material type covered by the report; and
(4) The received weight, excluding rejected containers, line breakage, and out-of-state containers; and
(5) The refund value paid; and
(6) The name and signature of the shipper or an authorized representative of the shipper and the date signed; and
(7) The name and signature of an authorized representative of the recycling center and the date signed; and
(8) The weight ticket date and weight ticket number; and
(9) The shrinkage deduction taken, if any.
(10) The redemption weight; and, for plastic, aluminum, and glass, collected by a curbside program, or a dropoff or collection program that meets the requirements of Section 2850, the registered curbside program or certified entity eligible for the quality incentive payment shall be identified as either the Shipper (S), or the Receiver (R) in the QIP (Quality Incentive Payment) Box. 
(g) For material received by a recycling center from another recycling center, the receiving recycling center shall ensure that all the information specified in subsection 2530(f)(1) through (8) is recorded on the report  and provide a copy of the completed shipping report to the shipping recycling center.
(h) To obtain handling fees, only those recycling centers eligible for such fees, as described in section 2516, shall submit a Handling Fee Application Form (Form DR-14 (1/00)) to the Division for the calendar month for which handling fees are being claimed. The Form DR-14 (1/00) shall be submitted no later than the first day of the second month following the reporting month. Forms submitted after this date, and incorrectly completed forms, will be denied for payment and the handling fee will be forfeited for that calendar month. Forfeiture for that calendar month will not affect eligibility for subsequent months. There shall be a separate Form DR-14 (1/00) completed for each supermarket site recycling center, nonprofit convenience zone recycler, or rural region recycler which shall include all of the following information in addition to that required by section 2090 of these regulations:
(1) The calendar month and year covered by the report; and
(2) The name and mailing address of the recycling center; and
(3) The name and telephone number of a contact person; and
(4) The certification number of the supermarket site recycling center, nonprofit convenience zone recycler, or rural region recycler; and,
(5) A change of mailing address, ownership or a closing of the supermarket site recycling center, nonprofit convenience zone recycler, or rural region recycler; and
(6) The weight, to the nearest tenth of a pound, of empty beverage containers, by material type, redeemed by that recycling center, at that supermarket site, nonprofit convenience zone recycler, or rural region recycler, only from consumers delivering that material during the hours the recycling center was open for business. This weight shall be taken from the receipts and logs of that recycling center for that calendar month; and,
(7) The signature and title of an authorized representative of the recycling center in accordance with subsections 2090(d)(4) and (5) of subchapter 2 of these regulations; and
(8) The date the application was signed.
(i) Each recycling center shall maintain a separate list of all purchases of more than 250 pounds of aluminum beverage containers. Such list (or legible copies of the receipts) shall be sent to the Division weekly and shall contain all of the following information, taken from the receipt prepared pursuant to section 2525(a) of these regulations:
(1) The receipt number for the transaction; and
(2) The name of the person selling the material; and
(3) The additional identifying information of the person selling the material; and
(4) The name, address, and certification number of the recycling center submitting the list; and
(5) The transaction date; and
(6) The pounds purchased on the receipt; and
(7) The total amount paid.
(j) Recycling centers purchasing materials directly from more than one curbside program, dropoff or collection program, or community service program may apply to the Division to request the use of alternative methods for preparing the corresponding shipping reports. The Division shall consider each proposed alternative method and issue a written approval or denial within forty-five (45) calendar days.
(1) In order for alternative methods to be accepted, they must be based on reasonable allocation methods.
(2) An application for an alternative allocation method shall be denied if:
(A) The received weight of the material purchased by an entity from the recycling center is not used to calculate allocations to the curbside programs, dropoff or collection programs, or community service programs; or
(B) The recycling center does not ensure that the weight of rejected containers, line breakage, and out-of-state containers is not included in the allocated weight (this does not require a physical separation); or
(C) The recycling center does not account for each incoming load of material; or
(D) The recycling center does not inspect incoming material to verify that it is eligible for refund value payments, as specified in section 2501.
(3) Recycling centers may file a formal appeal by writing the Assistant Director for Recycling within thirty (30) calendar days after the receipt of a notice denying an application requesting an alternative method for shipping report preparation. Appeals submitted after this time period shall be rejected. All written appeals shall include:
(A) A copy of the notice denying the allocation method;
(B) A detailed explanation of why the determination was in error; and,
(C) any other documentation that supports the appeal.
(4) A written decision on the appeal shall be sent to the recycling center within seven (7) calendar days of the receipt of the appeal.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14526.6, 14538, 14549.1 and 14585, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2732 to section 2530 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Editorial correction of printing errors in subsections (a)(6) and (c) (Register 92, No. 13).
3. Amendment filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
4. Amendment of subsection (g), repeal of subsections (g)(1)-(3) and new subsections (g)(1)-(5) filed 1-6-93 as an emergency; operative 1-6-93 (Register 93, No. 2). A Certificate of Compliance must be filed 5-6-93 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (g), repeal of subsections (g)(1)-(3) and new subsections (g)(1)-(5) refiled 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (a)(6), (d) and (f) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
7. Certificate of Compliance as to 5-6-93 order, including amendment of subsection (g), new subsections (g)(1), (g)(3), (g)(4), (g)(6) and (g)(9) and subsection renumbering, and amendment of newly designated subsections (g)(2), (g)(5), (g)(7) and (g)(8) transmitted to OAL 9-3-93 and filed 10-19-93 (Register 93, No. 43).
8. Amendment filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
9. Change without regulatory effect amending subsections (e)(1)(c), (h), (h)(5)  and Note filed  12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
10. Editorial corrections (Register 96, No. 10).
11. Amendment of subsections (h) and (h)(4), repealer of subsection (h)(5), subsection renumbering and amendment of newly designated subsections (h)(5) and (h)(6) filed 1-21-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-21-2000 (Register 2000, No. 3). This regulatory action is not a statutorily deemed emergency as provided for in Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-22-2000 or emergency language will be repealed by operation of law on the following day.
12. New subsections (f)(11)-(f)(11)(B) and amendment of Note filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 7-5-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
13. Amendment of subsections (h) and (h)(4), repealer of subsection (h)(5), subsection renumbering and amendment of newly designated subsections (h)(5) and (h)(6) refiled 5-16-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 5-16-2000 (Register 2000, No. 3). A Certificate of Compliance must be transmitted to OAL by 9-13-2000 or emergency language will be repealed by operation of law on the following day.
14. New subsections (f)(11)-(f)(11)(B) and amendment of Note refiled 7-6-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 27). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 11-3-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
15. Certificate of Compliance as to 5-16-2000 order transmitted to OAL 8-4-2000 and filed 9-8-2000 (Register 2000, No. 36).
16. Certificate of Compliance as to 7-6-2000 order, including further amendment of subsections (f)(11)(A)-(B) transmitted to OAL 9-28-2000 and filed 11-13-2000 (Register 2000, No. 46).
17. Editorial correction of subsections (a)(1) and (f) (Register 2002, No. 13). 
18. Amendment of subsection (f)(11) and repealer of subsections (f)(11)(A)-(B) filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day.
19. Amendment of subsection (f)(11) and repealer of subsections (f)(11)(A)-(B) refiled 7-17-2002 as an emergency; operative 7-23-2002 (Register 2002, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-20-2002 or emergency language will be repealed by operation of law on the following day.
20. Amendment of subsection (f)(11) and repealer of subsections (f)(11)(A)-(B) refiled 11-18-2002 as an emergency, with additional amendment of subsection (h)(5); operative 11-20-2002 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-2003 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 11-18-2002 order transmitted to OAL 2-20-2003 and filed 4-1-2003 (Register 2003, No. 14).
22. Repealer of subsections (e)(4)(C)-(D), amendment of subsections (e)(6) and (f)(5)-(7), repealer of subsection (f)(9), subsection renumbering and amendment of newly designated subsections (f)(10)-(11) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
23. Amendment of subsection (f)(10) filed 6-21-2007 as an emergency; operative 6-21-2007. This regulatory action meets the emergency standard and is mandated to remain in effect until revised by the Director of the Department of Conservation pursuant to Public Resources Code section 14536(b)(2) (Register 2007, No. 25).
24. Amendment of subsection (h) filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).
25. New subsection (e)(4)(A), subsection relettering and amendment of subsections (f)(1), (f)(6)-(8), and Note filed 1-28-2010; operative 2-27-2010 (Register 2010, No. 5).
§2535. Payments to Consumers, Curbside Programs, Community Service Programs and Dropoff or Collection Programs.
Note     •     History

(a) Recycling centers shall pay on delivery the refund value for every empty beverage container not donated to the recycling center.
(b) For deliveries to a recycling center, except reverse vending machines:
(1) The consumer has the option of being paid based on count for up to 50 empty beverage containers of each material type.
(2) The recycler may pay based on count for all deliveries of empty beverage containers received from consumers.
(c) Notwithstanding any other provision of this subchapter, recycling centers shall not pay dropoff or collection, community service, and curbside programs more than the relevant commingled rate.
(d) Calculation of Payment.
(1) If the material received from consumers is segregated, as determined by the load inspection required by section 2501 of these regulations, and payment is based upon weight, payment shall be calculated by multiplying the actual weight of the empty beverage containers, by the applicable segregated refund value per pound for the relevant material type.
(2) If the payment is based on the actual number of empty beverage containers, the payment shall be based upon the following:
(A) in the case of recycling centers other than a reverse vending machine, the number of the empty beverage containers, multiplied by the refund value per empty beverage container for the relevant material type and size; or,
(B) in the case of a reverse vending machine, the number of empty beverage containers, multiplied by the refund value per empty beverage container for the relevant material type and size. If the reverse vending machine accepts empty beverage containers in gross, rather than by individual containers, and pays based on weight, the payment shall be based on the applicable refund value per pound rate.
(3) For commingled materials delivered from a dropoff or collection program, community service program or curbside program, payment shall be based on the received weight of the commingled material, excluding the weight of line breakage, rejected and out-of-state material, multiplied by the applicable commingled rate, or the Division's approved individual commingled rate.
(4) For commingled materials delivered from another recycling center, payment shall be based on the received weight of the commingled material, excluding the weight of line breakage, rejected and out-of-state material, multiplied by the applicable commingled rate.
(5) For commingled materials delivered from consumers, payment shall be based on the received weight of the material, multiplied by the applicable commingled rate.
(e) Recycling centers shall have the option to refuse to accept empty beverage containers which, in the opinion of the recycling center, are excessively contaminated with dirt, moisture, or other foreign substances (“shrinkage”). Alternatively, recycling centers may adjust downward the refund value per pound used to calculate payment by the ratio of such substances to empty beverage containers.
(f) A certified recycler shall not pay the refund value to, or claim refund value for any material received from any person, operation or entity who is not certified by the Division, delivering a load of material in excess of 500 pounds of aluminum or plastic beverage containers, or 2,500 pounds of glass beverage containers, per day. This limitation is applicable to all transactions, including those performed pursuant to section 2500(h) of these regulations.
(1) It is a violation of this Section for a recycling center to split loads in excess of the aforementioned weighs, or accept during any one day an aggregate total of material in excess of the aforementioned weighs from any person not certified by the Division.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14572 and 14572.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2733 to section 2535 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsections (e)(1), (e)(3) and (g) and repealer of subsections (g)(1) and (2) and new subsection (g)(1) filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment of section heading and subsection (g) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of subsection (e)(3) and Note  filed 9-27-93  as an emergency; operative 9-27-93 (Register 93, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-31-94 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (e)(3) and Note refiled 1-24-94 as an emergency; operative 2-3-94 (Register 94, No. 4).  A Certificate of Compliance must be transmitted to OAL 5-23-94 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of subsection (e)(3) and Note as they existed prior to emergency amendment filed 1-24-94 by operation of Government Code section 11346.1(f) (Register 94, No. 39).
7. Amendment of section heading and text filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
8. New subsection (d), subsection relettering and repealer and new subsections (e)(1) and (e)(3) filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 10-27-94 order including amendment of subsection (d) transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
10. Amendment of subsection (g) filed 9-27-96; operative 9-27-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 39).
11. Repealer of subsections (b) and (c), new subsections (b)-(b)(2), subsection relettering and amendment of newly designated subsection (d)(2) filed 6-28-2004; operative 7-28-2004 (Register 2004, No. 27).
12. Amendment of subsection (d)(3) and new subsections (d)(4)-(5) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
§2540. Receipt of Funds.
Note     •     History

(a) The recycling center shall receive from the processor the sum of the following amounts:
(1) total refund value; and
(2) three-fourths of one percent (3/4%) of the refund value for administrative costs; and
(3) any applicable processing payment pursuant to Section 14573.5 of the Act.
(b) Such payments in subsection (a) above shall be based upon the lesser of the shipping report total amount due as set forth in the shipping report, or the value appropriate for the received weight as determined by the processor in accordance with subsections 2430(a)(1)(D), (E), and (F) of these regulations.
(c) For reverse vending machines, the refund value pursuant to subsection 2540(a) above shall be based upon the applicable commingled rate, except as follows:
(1) The refund value shall be based upon the full refund value only where the reverse vending machine distinguishes 100% of the time between empty beverage containers and other containers.
(d) Except as provided in Section 14585(b)(4) of the Act, a recycling center shall receive handling fees directly from the Division based upon the weight of all empty beverage containers reported to the Division pursuant to subsection 2530(c) of these regulations.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14518.5, 14573.5, 14575(c) and 14585(b)(4), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2734 to section 2540 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (d) and Note filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
4. Change without regulatory effect amending subsection (a)(3) and Note filed  12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
5. Amendment of subsection (a)(2) filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (a)(2) refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (a)(2) refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-11-2000 order, including amendment of subsection (a)(3), transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).
9. Amendment of subsection (b) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
§2550. Additions and Clarifications. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14500, 14503, 14504, 14505, 14512.5, 14513, 14514, 14517, 14518, 14520.6, 14524, 14530.5, 14536, 14550, 14552, 14561, 14572, 14573, and 14573.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2550 to section 2000 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
Subchapter 7. Dropoff or Collection Programs
Article 1. Requirements for Dropoff or Collection Programs
§2600. Operation Standards.
Note     •     History

(a) All certified dropoff or collection programs shall meet the following requirements:
(1) Operate and maintain records in accordance with the category of certification as approved by the Division and defined in these regulations.
(2) In order to remain certified, a dropoff or collection program must collect or accept a minimum of 500 pounds of aluminum or plastic beverage containers, or 2,000 pounds of glass beverage containers every year after becoming certified.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14511.7, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2600 to section 2070, and renumbering and amendment of former section 2110 to section 2600 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (b)(3) filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. Amendment of article heading and subsections (a) and (a)(1), new subsection (a)(2) and Note, and renumbering and amendment of subsections (b)-(b)(3) to new section 2605, subsections (a)-(a)(3) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
§2601. Examinations. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14537, 14538(f), 14541(c) and (d), Public Resources Code.
HISTORY

1. New section filed 5-7-87 as an emergency; operative 5-7-87 (Register 87, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-4-87.
2. New section filed 9-2-87 as an emergency; operative 9-5-87 (Register 87, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-3-88.
3. New section filed 12-29-87 as an emergency; operative 1-3-88 (Register 88, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance transmitted to OAL 4-22-88 and filed 5-24-88 (Register 88, No. 23).
5. Renumbering and amendment of former section 2601 to section 2075 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2602. Proprietary and Other Records Exempt from Disclosure. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Section 14551(b), Public Resources Code.
HISTORY

1. New section filed 5-7-87 as an emergency; operative 5-7-87 (Register 87, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-4-87.
2. New section filed 9-2-87 as an emergency; operative 9-5-87 (Register 87, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-3-88.
3. New section filed 12-29-87 as an emergency; operative 1-3-88 (Register 88, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance including amendment of NOTE transmitted to OAL 4-22-88 and filed 5-24-88 (Register 88, No. 23).
5. Renumbering and amendment of former section 2602 to section 2080 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2603. Records. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14537, 14538(e) and (f) and 14552, Public Resources Code.
HISTORY

1. New section filed 5-7-87 as an emergency; operative 5-7-87 (Register 87, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-4-87.
2. New section filed 9-2-87 as an emergency; operative 9-5-87 (Register 87, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-3-88.
3. New section filed 12-29-87 as an emergency; operative 1-3-88 (Register 88, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance including amendment of subsection (c) transmitted to OAL 4-22-88 and filed 5-24-88 (Register 88, No. 23).
5. Renumbering and amendment of former section 2603 to section 2085 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2604. Reports, Notices, and Claims Submitted to Division. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 1438, 14541, 14541.5, 14550, 14551, 14552, and 14553, Public Resources Code; and Sections 6066 and 6067, Revenue and Taxation Code.
HISTORY

1. New section filed 5-7-87 as an emergency; operative 5-7-87 (Register 87, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-4-87.
2. New section filed 9-2-87 as an emergency; operative 9-5-87 (Register 87, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-3-88.
3. New section filed 12-29-87 as an emergency; operative 1-3-88 (Register 88, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance including amendment of subsections (b) and (d) transmitted to OAL 4-22-88 and filed 5-24-88 (Register 88, No. 23).
5. Renumbering and amendment of former section 2604 to section 2090 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2605. Notification Requirements.
Note     •     History

(a) In addition to the requirements contained in section 2600(a) above, the operator of a certified dropoff or collection program shall notify the Division prior to any of the following events:
(1) Any change in operation, including additional dropoff or collection sites and changes in location of dropoff sites.
(2) Any change in operator name or contact person, business or mailing address, or telephone number of the operator.
(3) Change in the name of the program.
(4) Change in the corporate officers, if applicable.
(5) Change in the agent for service of process, if applicable.
(b) The operator of a certified dropoff or collection program who intends to be decertified shall submit a written notification to the Division, which includes the proposed effective date.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14511.7, Public Resources Code.
HISTORY

1. Renumbering and amendment of section 2600, subsections (b)-(b)(3) to new section 2605, subsections (a)-(a)(3), and new subsection (a)(4) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21). For prior history, see Register 91, No. 46.
2. Amendment filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
3. Editorial correction of Note (Register 96, No. 10).
§2606. Penalties and Interest Charges. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14541 and 14591(c), Public Resources Code; and Section 11500 et seq., Government Code.
HISTORY

1. New section filed 5-7-87 as an emergency; operative 5-7-87 (Register 87, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-4-87.
2. New section filed 9-2-87 as an emergency; operative 9-5-87 (Register 87, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-3-88.
3. New section filed 12-29-87 as an emergency; operative 1-3-88 (Register 88, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance including amendment of subsection (a) transmitted to OAL 4-22-88 and filed 5-24-88 (Register 88, No. 23).
5. Amendment filed 9-19-88 as an emergency; operative 9-19-88 (Register 88, No. 39). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-17-89.
6. Amendment filed 7-14-89; operative 8-13-89 (Register 89, No. 32).
7. Renumbering and amendment of former section 2606 to section 2100 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2607. Persons That Are Certified As Both Processors and Recycling Centers (Dual Certified Entities). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14540, 14572 and 14573.5, Public Resources Code.
HISTORY

1. New section filed 5-7-87 as an emergency; operative 5-7-87 (Register 87, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-4-87.
2. New section filed 9-2-87 as an emergency; operative 9-5-87 (Register 87, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-3-88.
3. New section filed 12-29-87 as an emergency; operative 1-3-88 (Register 88, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance including amendment of subsection (a) transmitted to OAL 4-22-88 and filed 5-24-88 (Register 88, No. 23).
5. Renumbering and amendment of former section 2607 to section 2105 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2608. Cancelled Material and Rejected Containers. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14518, 14539 and 14573.5, Public Resources Code.
HISTORY

1. New section filed 5-7-87 as an emergency; operative 5-7-87 (Register 87, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-4-87.
2. New section filed 9-2-87 as an emergency; operative 9-5-87 (Register 87, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-3-88.
3. New section filed 12-29-87 as an emergency; operative 1-3-88 (Register 88, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance transmitted to OAL 4-22-88 and filed 5-24-88 (Register 88, No. 23).
5. Amendment of subsection (b) filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-30-90.
6. Amendment of subsection (a) filed 2-15-90; operative 2-15-90 (Register 90, No. 8).
7. Reinstatement of subsection (b) as it existed prior to emergency amendment filed 12-29-89 by operation of Government Code section 11346.1(f) (Register 90, No. 27).
8. Amendment of subsection (b) filed 5-18-90 as an emergency; operative 5-18-90 (Register 90, No. 27). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 9-17-90.
9. Amendment of subsection (b) filed 9-14-90 as an emergency; operative 9-14-90 (Register 90, No. 43). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 1-14-91.
10. Editorial correction of HISTORY No. 9 correcting repeal date from 1-2- 91 to 1-14-91 (Register 91, No. 11).
11. Amendment of subsection (b) filed 1-31-91 as an emergency; operative 1-31-91 (Register 91, No. 11). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 5-31-91.
12. Renumbering and amendment of former section 2608 to section 2110 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2609. Notice of Disposal. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14501(h), 14518 and 14519, Public Resources Code.
HISTORY

1. New section filed 5-7-87 as an emergency; operative 5-7-87 (Register 87, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-4-87.
2. New section filed 9-2-87 as an emergency; operative 9-5-87 (Register 87, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-3-88.
3. New section filed 12-29-87 as an emergency; operative 1-3-88 (Register 88, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance transmitted to OAL 4-22-88 and filed 5-24-88 (Register 88, No. 23).
5. Renumbering and amendment of former section 2609 to section 2410 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
Article 2. Accounting and Reporting Requirements
§2610. Applicability.
Note     •     History

In addition to the general accounting requirements of subchapter 2, dropoff or collection programs shall comply with the accounting and reporting provisions of this article.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7 and 14552, Public Resources Code.
HISTORY

1. New Article 2 (sections 2610 and 2615) and section filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21). For prior history, see Register 91, No. 46.
§2611. Dates. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14551(b) and 14552, Public Resources Code.
HISTORY

1. New section filed 5-7-87 as an emergency; operative 5-7-87 (Register 87, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-4-87.
2. New section filed 9-2-87 as an emergency; operative 9-5-87 (Register 87, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-3-88.
3. New section filed 12-29-87 as an emergency; operative 1-3-88 (Register 88, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance transmitted to OAL 4-22-88 and filed 5-24-88 (Register 88, No. 23).
5. Renumbering and amendment of former section 2611 to section 2120 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
§2615. Recordkeeping.
Note     •     History

(a) Dropoff or collection programs shall maintain the following records in accordance with the general requirements set forth in section 2085 of these regulations.
(1) Dropoff or collection programs shall prepare and maintain logs which contain all of the following information:
(A) The date and time of pickup or donation; and
(B) The name and address of the location of pickup or donation; and
(C) The material types picked up or donated; and
(D) An approximation of the weight of each material type picked up or donated; and
(E) The name and phone number of a contact person at the location of pickup; and
(F) Amount of scrap value paid for each material type.
(2) Dropoff or collection programs shall maintain a copy of the shipping report prepared by a recycling center or processor and a copy of the weight ticket prepared by a recycling center or processor.
(b) Dropoff or collection programs shall not claim refund value for empty beverage containers purchased from, or donated by, curbside programs. All scrap transactions between dropoff or collection programs and curbside programs shall be reported in the same manner as is required pursuant to section 2530 of these regulations.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7 and 14552, Public Resources Code.
HISTORY

1. New section filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
2. Redesignation of subsections and amendment of subsections (a), (a)(1)(F), (a)(2) and (b) filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
§2616. Obtaining Department Approval. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.
HISTORY

1. New article 3 and section filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40).  A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.
2. New article 3 and section, including amendment of subsection (d), refiled 1-24-94 as an emergency; operative 2-3-94 (Register 94, No. 4).  A Certificate of Compliance must be transmitted to OAL 5-23-94 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 94, No. 39).
§2617. Alternative Methodology Procedures. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.
HISTORY

1. New  section filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40).  A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-24-94 as an emergency; operative 2-3-94 (Register 94, No. 4).  A Certificate of Compliance must be transmitted to OAL 5-23-94 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 94, No. 39).
§2618. Permit Processing Times for Individual Commingled Rate Studies. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 15376, Government Code; Section 14552(a), Public Resources Code.
HISTORY

1. New  section filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40).  A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-24-94 as an emergency; operative 2-3-94 (Register 94, No. 4).  A Certificate of Compliance must be transmitted to OAL 5-23-94 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 94, No. 39).
§2619. Appeals. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code.  Reference: Sections 14511.7 and 14552(a), Public Resources Code.
HISTORY

1. New section filed 1-24-94 as an emergency; operative 2-3-94 (Register 94, No. 4).  A Certificate of Compliance must be transmitted to OAL 5-23-94 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 21).
Article 3. Individual Commingled Rate
§2620. Obtaining Division Approval.
Note     •     History

Operators of dropoff or collection programs shall be paid the applicable statewide average commingled rate, determined by the Division, for commingled beverage container material types, unless the Division approves an individual commingled rate for their program. Individual commingled rates may be approved for one or more material-types which have an existing statewide commingled rate. Operators of dropoff or collection programs who wish to apply for an individual commingled rate shall submit a completed Individual Commingled Rate Application (ICRS-APP (07/00)) in the form and manner required by this section. The applicant shall request approval to conduct an individual commingled rate survey using either the Division's individual commingled rate methodology specified in subsection (c), or an alternative methodology submitted by the applicant. A total of six weekly surveys shall be conducted on a bimonthly basis beginning in October and ending no later than the second full week of the following September. Individual commingled rates that are approved by the Division, shall be effective from January 1 through December 31 of the year following the survey period. 
(a) At least 60 days prior to the commencement of the surveys, which begin in October, the Division shall notify operators of dropoff or collection programs of the opportunity to perform an individual commingled rate survey. An operator of a dropoff or collection program wishing to conduct an individual commingled rate survey shall contact the Division to obtain the Individual Commingled Rate Application (ICRS-APP (07/00)). 
(b) The Individual Commingled Rate Application (ICRS-APP (07/00)) must be completed and submitted to the Division no later than September 1st. To be considered complete, the survey application shall contain the following information: 
(1) The organization name and, if applicable, a copy of any fictitious business name statement being used. 
(2) The operator contact person's name, title, phone number, facsimile number, mailing address, and business address. 
(3) The survey location address and city, and a brief site description. 
(4) The survey technician's name and phone number. 
(5) A selection of either the Division's survey methodology in subsection (c) or an alternative proposed methodology to be submitted by the applicant. 
(6) The identification of material-types selected to be surveyed, the sample size, and daily sample size for each selected material. 
(7) The dates of survey weeks and the number of days for specified sample periods. 
(8) The specific time of the day in which surveys will be conducted. 
(9) The program category of the certified program to be surveyed. 
(10) The certification number of the program to be surveyed. 
(11) The source of material for the certified program to be surveyed. 
(12) The number of municipalities served by the certified program to be surveyed, if any. 
(13) The number of customer sites from which survey material is to be collected by the certified program. 
(14) The frequency that collected material is sold. 
(15) A brief description of the certified program. 
(16) Declarations and signatures of applicant. 
(c) The Division's suggested methodology requires the following: 
(1)The program shall determine the annual survey sample size for each material type based on the chart below.

	Annual Survey Sample Size

Aluminum	6600

Glass	4500

Plastic (all resins)	3000
(2) Upon determining the annual survey sample size, the program shall calculate the daily sample size by dividing the annual survey sample size, specified in the chart above, by the total number of days the survey will be conducted during the entire annual survey. Once the daily sample size is determined for each material type, this will remain the daily sample size throughout the entire annual survey period for that material type. 
(3) Surveys shall be conducted for one regular workweek during each two-month sample period at pre-established dates, times, and places as indicated on the Individual Commingled Rate Application (ICRS-APP (07/00)) submitted to the Division. Surveys shall not be scheduled for weeks containing holidays or other days the program is not in operation, and shall be equally distributed throughout the survey period. 
(4) Daily samples shall be collected on a random basis from the material which has been received exclusively from programs approved for the survey. Only whole containers may be surveyed. 
(5) Upon selection and removal of containers for the daily sample, the applicant shall perform a complete sample analysis of counting, sorting, and weighing containers.
In performing a sample analysis, weight shall be measured, recorded, and reported in pounds and fractions thereof. All weighing in this state shall be done on a scale or other device approved, tested and sealed in accordance with Division 5 of the Business and Professions Code (Weights and Measures) and any applicable regulations thereunder. 
(6) The results of the sample analysis shall be legibly, accurately, and completely recorded on the Daily Data Collection Sheet (DDCS (07/00)), which shall contain the following information: 
(A) The year the rate will be effective. 
(B) The two-month sample period in which each one-week survey is conducted. 
(C) The program name. 
(D) The survey day and date. 
(E) The certification and/or registration numbers. 
(F) Identification of the material type surveyed. 
(G) The total quantity of containers surveyed, and their total weight. 
(H) The quantity and weight of CRV containers surveyed that have a volume less than 24 ounces. 
(I) The quantity and weight of CRV containers surveyed that have a volume of 24 ounces or more. 
(J) The quantity and weight of non-CRV containers surveyed. 
(K) The daily totals for each column. 
(7) At the conclusion of each weekly survey, the applicant shall complete a Weekly Summary Sheet (WSS (07/00)) which shall contain the following information: 
(A) The year the rate will be effective. 
(B) The two-month sample period of the weekly survey 
(C) The program name. 
(D) The survey week by dates. 
(E) The certification and/or registration numbers. 
(F) Identification of the material type surveyed. 
(G) The survey date summarized on that line. 
(H) The total quantity of containers surveyed on that date, and their total weight. 
(I) The quantity and weight of CRV containers surveyed on that date that have a volume less than 24 ounces. 
(J) The quantity and weight of CRV containers surveyed on that date that have a volume of 24 ounces or more. 
(K) The quantity and weight of non-CRV containers surveyed on that date. 
(L) The weekly totals for each column. 
(8) The completed original Daily Data Collection Sheet, and the Weekly Summary Sheet shall be confirmed to be complete, accurate, and consistent with the methodology approved for that program and shall be submitted to the Division for review, verification, and approval at the conclusion of each two-month survey period and must be submitted no later than the 15th day of the month following the survey period. 
(9) At the conclusion of the annual survey period, the applicant shall submit an Affidavit (AFD (07/00)) to confirm that all information is complete, accurate, and consistent with the methodology approved for that program. 
(d) Dropoff or collection programs proposing to alter the Division's methodology or create their own alternative methodology must apply for Division approval, in advance, pursuant to section 2625 of these regulations. A proposed alternative methodology must equal the Division's methodology in the accuracy of estimation and level of confidence in the estimation. The alternative methodology must be described in adequate detail to determine the accuracy of estimation and level of confidence in the estimation.
(e) Determination by the Division that a program has deviated from an approved methodology, demonstrated a significant lack of quality control, or misrepresented their survey results shall result in the termination of the individual commingled rate survey and/or disapproval or revocation of the individual commingled rate and a reversion to the statewide average commingled rate. The Division's adverse action may be appealed pursuant to section 2645 of these regulations.
(1) A significant lack of quality control is demonstrated when five (5) percent or more of the sample data submitted by an applicant is found to be incorrect by the Division, and is deleted from the survey pursuant to Section 2620(e)(3) below because of the following: 
(A) The cumulative weight of all components of a sample deviates by more than an acceptable range of accuracy , as defined in Section 2620(e)(2) below, from the total sample taken for that material type and/or 
(B) The cumulative count of containers from all components of a sample does not equal the total sample count for that material type. 
(2) An acceptable range of accuracy, applicable to Section 2620(e)(1)(A) above, is the smallest variance or increment of accuracy of the applicant's scale multiplied by 2.0. 
(3) The Division, upon its sole discretion, may delete incorrect data samples. 
(f) The Division shall disapprove individual commingled rates that are based on terminated surveys. The Division shall notify the applicant of such disapproval within thirty (30) calendar days of the determination that a program has deviated from an approved methodology, demonstrated a lack of quality control, or misrepresented survey results.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.
HISTORY

1. New article 3 (sections 2620-2635) and section filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-27-94 order including amendment of section transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
3. Amendment filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
4. Amendment of subsection (c)(8) filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).
§2625. Alternative Methodology Procedures.
Note     •     History

(a) Dropoff or collection programs choosing to use an alternative survey methodology shall apply to the Division for approval. Operators shall complete and submit to the Division the following documents, in originals:
(1) A completed survey application as specified in section 2620(b);
(2) A written description of the alternative methodology procedure in detail, the steps necessary to perform the alternative survey methodology, including the equipment to be used, materials to be collected, how the materials will be analyzed, location where sampling will occur, time and dates of the survey, and any other relevant details that are necessary to arrive at the individual commingled rate. The proposed alternative methodology procedure must be as detailed and inclusive as the survey methodology provided by the Division.
(b) The Division shall review all completed proposed alternative methodology requests submitted.
(c) The Division shall notify the operator of its decision, after receipt of the documents requested in this subsection, if the methodology was approved or denied, pursuant to section 2630 of these regulations.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.
HISTORY

1. New section filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-27-94 order including amendment of subsections (a)(1)-(3) transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
3. Amendment of subsection (a)(1), repealer of subsection (a)(2), subsection renumbering, and amendment of newly designated subsection (a)(2) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
§2630. Survey Application Processing Time.
Note     •     History

(a) Within fifteen (15) calendar days from the receipt of the survey application and alternative methodology procedure, if applicable, from an operator of a dropoff or collection program requesting approval to use the Division's methodology or an alternative methodology to determine their program's specific individual commingled rate, the Division shall inform the applicant, in writing, that the survey application and alternative methodology procedure, if applicable, are either complete and accepted for processing, or incomplete. If the survey application and/or alternative methodology procedure, if applicable, are incomplete, the Division shall indicate, in writing, to the applicant what information or documentation is required. The applicant shall submit the required additional information or documentation, to the Division, no later than ten (10) calendar days from the date indicated in the Division's letter requesting additional information or documentation. Material submitted later than ten (10) calendar days will be rejected and the application will be denied.
(b) Within fifteen (15) calendar days after the Division informs the applicant of the receipt of a complete survey application and alternative methodology procedure, if applicable, as indicated in subsection 2630(a) above, the Division shall approve or disapprove the survey application and alternative methodology procedure, if applicable.
(c) If the application is disapproved, the applicant may request an appeal pursuant to subsection 2645 of these regulations.
(d) The applicant may begin using the approved survey methodology for the specified survey period, after receiving written notification from the Division that the survey application and alternative methodology procedure, if applicable, has been approved.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14511.7 and 14552(a), Public Resources Code.
HISTORY

1. New section filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-27-94 order including amendment of section and Note transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
3. Editorial correction of Note (Register 96, No. 10).
4. Amendment of section heading and subsections (a), (b) and (d) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
5. Amendment of subsection (a) and Note filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).
§2635. Individual Commingled Rate Survey Audit and Results.
Note     •     History

(a) The Division may audit any applicant's procedures and results of an approved individual commingled rate survey. The Division shall conduct its audit during the scheduled survey week for any applicant.
(b) The Division shall conduct audits. To enable the Division to conduct audits, applicants shall retain the pile of material from which the sample was taken, including the sample itself, until the completion of their daily survey. On the day of the audit, the applicant shall provide Division audit staff access to the material immediately after the applicant conducts the survey. If the applicant deviates from the approved survey time, they shall notify the Division immediately, but not less than 24 hours prior to the time of the deviation.
(c) If, in each of two separate audits, the Division determines, using standard statistical formulas, that the difference between the applicant's and the Division's proportion of California Redemption Value containers is statistically significant, the Division shall terminate the applicant's individual commingled rate survey. The difference shall be statistically significant, if the applicant's proportion is higher than the Division's, and the Division is 99% confident that the chances of the difference occurring under the applicant's approved study methodology is 5% or less.
(1) The Division shall disapprove individual commingled rates that are based on terminated surveys. The Division shall notify the applicant of such termination and disapproval within thirty (30) calendar days of the audit.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14552(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2635 to section 2645 and new section filed 4-7-95; operative 4-7-95 (Register 95, No. 14).
2. Amendment of subsections (b) and (c)(1) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
§2640. Receipt of Approval or Disapproval and Notification of Changes.
Note     •     History

(a) Within sixty (60) calendar days after the Division receives the dropoff or collection program's final survey results, the Division shall approve or disapprove the program's individual commingled rate.
(b) The applicant shall notify the Division, in writing, within ten (10) working days, of the occurrence of either of the following for any material for which the operator has an approved individual commingled rate:
(1) Any increase or decrease of twenty (20) percent or more in the total monthly weight from the average weight of the previous three (3) month period; or
(2) Any increase or decrease of twenty (20) percent in the total monthly number of customer sites served by the applicant from the average number of customer sites of the previous three (3) month period.
(c) Failure to provide this notification may subject the applicant to immediate revocation of the individual commingled rate.
(d) Upon notification of operational changes, described in subsections (b)(1) or (b)(2) above, the Division may, upon its sole discretion, review and alter or revoke the individual commingled rate.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14552(a), Public Resources Code; and Section 15376, Government Code.
HISTORY

1. New section filed 4-7-95; operative 4-7-95 (Register 95, No. 14).
2. Amendment of subsection (a) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
§2645. Individual Commingled Rate Appeals Process.
Note     •     History

(a) In the event of the denial of a survey application, termination of an individual commingled rate survey and/or disapproval or revocation of an individual commingled rate, dropoff or collection programs may file a formal appeal by writing to the Assistant Director for Recycling within thirty (30) calendar days after the receipt of a Letter of Denial (LED). Appeals submitted after this time period shall be rejected. All written appeals shall include:
(1) A copy of the (LED); 
(2) A detailed explanation of why the determination was in error; and
(3) Any other documentation that supports the appeal.
(b) A decision on the appeal shall be sent to the program applicant, in writing, within fifteen (15) working days of receipt of the appeal.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.
HISTORY

1. New section filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-27-94 order including renumbering and amendment of former section 2635 to section 2645 transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
3. Amendment of subsection (a) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
4. Change without regulatory effect amending subsection (a) filed 4-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 16).
Subchapter 8. Curbside Programs
Article 1. Curbside Registration
§2650. Curbside Registration Application Review and Renewal.
Note     •     History

(a) The Division will issue a registration number to all eligible curbside programs in order to facilitate the auditing of payments made to curbside programs, and proper payment of refund values, processing payments, supplemental payments, quality glass incentive payments and administrative fees. No curbside program may receive refund values, processing payments, supplemental payments, quality glass incentive payments or administrative fees without a valid registration number.
(b) The registration number issued shall be valid for a maximum of two years. All registration numbers expire on the anniversary of the original application approval date. The curbside program shall submit a completed Application for Curbside Registration, DOR 50 10/99, for renewal, at least 30 days prior to the expiration date of the registration number. The application may be obtained from the Division upon request. The renewal application shall be subject to the same standards and requirements as the original application.
(c) Upon receiving a request for a registration number from a curbside program, the Division shall furnish the curbside operator with an “Application for Curbside Registration” DOR 50 10/99, which shall be used to apply for a new registration number or for renewal of a current registration number. In addition to submitting the completed application, the curbside program operator shall supply to the Division the following information:
(1) A dated and signed copy of a contract or franchise agreement acknowledging the curbside program and the expiration date of the contract or franchise agreement, and identification of the public official responsible for oversight of the contract or franchise agreement, including the official's title, address, and phone number; or
(2) A letter prepared by the operator or the public official, and bearing the signature of the city, county or other public agency's chief administrative officer, or his or her designee, verifying that the program operates with the full knowledge and concurrence of the city, county, or public agency.
(d) The application (DOR 50 10/99) shall be completed by providing the following information:
(1) The operator's organization name; parent company name and fictitious business name statement, if applicable; business and mailing address; telephone number; federal employer identification number and the name and title of the individual responsible for completing the application.
(2) The date the program started, or proposes to start operation.
(3) The operator's type of organization, whether an individual, partnership, profit corporation, nonprofit corporation, limited liability company, husband and wife co-ownership, local government agency, federal agency, joint power of authority, or other type of organization.
(A) If the organization or individual is doing or proposing to do business under a different name, the applicant shall provide a copy of their fictitious business name statement.
(B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement.
(C) If the organization is a corporation, the applicant shall provide the corporate number, the Articles of Incorporation, name and position of all current corporate officers as filed with the Secretary of State, and the agent for service of process.
(D) If the organization is a corporation from a state other than California, the applicant shall provide a copy of the approved certificate from the California Secretary of State qualifying and authorizing the corporation to transact business in California.
(E) If the organization is a husband and wife co-ownership, both names shall be provided.
(F) If the organization is a limited liability company (LLC), the applicant shall provide a copy of the Articles of Organization and Statement of Information as filed with the Secretary of State, any operating agreement, and the agent for service of process.
(G) If the organization is a limited liability company (LLC) from a state other than California, the applicant shall provide a copy of the Articles of Organization and Statement of Information as filed with the Secretary of State, any operating agreement, the agent for service of process and a copy of the certificate from the California Secretary of State authorizing the LLC to transact business in California.
(H) If the organization is a local government agency, federal agency or a joint power of authority, the applicant shall provide a copy of the authorizing resolution from the governing board.
(4) A map of the areas serviced by the program and the number of single and multiple family residences and apartment units served by the program.
(5) Whether the operator of the curbside program is currently certified by the Division and a list of valid certification numbers, if applicable.
(6) A description of the program including a listing of the types of residences and/or businesses served by the program.
(7) Whether recyclables are sorted or mixed at the point of collection.
(8) A description of the collection containers used by the program.
(9) If a separate company sorts the curbside materials after collection, the sorter company name, address, telephone number and contact person.
(10) The name and certification number of the recycling centers and/or processors to which materials collected by the curbside program are most often sold and the type(s) of material sold.
(11) The name and address of the public agency responsible for the oversight of the contract or franchise agreement and the name, title and telephone number of the public agency contact person as well as the community or communities served by this curbside program.
(12) The frequency that curbside materials are collected.
(13) The method of collection for materials in residential areas.
(14) The types of recyclable materials the curbside program accepts or collects.
(15) The name, residence address, including city and zip code, residence phone number, and driver license number of the applicant(s).
(e) The curbside program operator shall submit to the Division the local public agency authorization described in subsection (c) above and the completed application signed by the operator under penalty of perjury. The signature block shall contain an affidavit that the information in the application is true and that the operator agrees to operate in compliance with the Act and these regulations.
(1) If the operator is a partnership, each partner shall sign the application.
(2) If the operator is a firm, association, corporation, LLC, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or the individual with the authority to legally bind the entity to a contract.
(3) If the operator is a husband and wife co-ownership, both husband and wife shall sign the application.
(f) All applications for curbside registration shall be reviewed by the Division for compliance with the Act and these regulations. Within 15 working days of receiving the Application for Curbside Registration, DOR 50 10/99 and local public agency authorization, the Division shall notify the curbside program, in writing, that the requested information is complete and accepted for filing with the Division, or incomplete and the reasons for the incompleteness. If incomplete, the Division shall specify the additional information necessary before a registration number will be issued. Upon determining that an application is complete, the Division shall notify the applicant in writing within forty-five (45) calendar days that the application is either approved, approved for probationary status or denied and the reason(s) for denial.
(g) A curbside program shall meet all standards and requirements for registration contained in section 14551.5 of the Act and in these regulations.
(h) Reasons for denial of an Application for Curbside Registration, DOR 50 10/99, are:
(1) Failure to provide information or documentation to complete the application as required in these regulations;
(2) The curbside program is unwilling to accept all beverage container types;
(3) The curbside operator, the curbside program or other individuals identified in the application have a history which demonstrates a pattern of operation in conflict with the requirements of the Act.
(i) The curbside program shall provide its registration number on all reports required by the Division and shall provide its registration number to certified recyclers and processors at the time it delivers recyclables.
(j) The operator of a curbside program shall notify the Division in writing ten (10) calendar days prior to any of the following events:
(1) Change of name under which the curbside program is doing business,
(2) Change of address or phone number of operator,
(3) Separation from parent company, if applicable,
(4) Merger with another company,
(5) Discontinuance of operation,
(6) Expiration of, or cancellation of, contract or franchise agreement with the city, county, or local public agency, or
(7) Change or retraction in the acknowledgment of the curbside program by the authorized public agency.
(k) Notification of any events listed in (j) above may result in cancellation of the registration number by the Division. 
(l) Any curbside program information of a personal or proprietary nature that is retained by the Division shall be confidential. The data shall only be released on a cumulative basis, and without identification of any individual operator by name, number or location of operation.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5, 14549.1, 14551.5, 14554, 14571.8 and 14573.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2950 to section 2650 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsections (d) and (f) filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
3. Amendment of subsection (a) and Note filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 7-5-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
4. Amendment of subsection (a) and Note refiled 7-6-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 27). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 11-3-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation.
5. Amendment of article 1 heading, section heading, section and Note filed 7-20-2000; operative 8-19-2000 (Register 2000, No. 29).
§2655. Survey Form and Identification Number Renewal. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5, 14551.5, 14571.8 and 14554, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2955 to section 2655 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Amendment filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
3. Repealer filed 7-20-2000; operative 8-19-2000 (Register 2000, No. 29).
Article 2. Individual Commingled Rate
§2660. Obtaining Division Approval.
Note     •     History

Operators of curbside programs shall be paid the applicable statewide average commingled rate, determined by the Division, for commingled beverage container material types, unless the Division approves an individual commingled rate for their program. Individual commingled rates may be approved for one or more material-types which have an existing statewide commingled rate. Operators of curbside programs who wish to apply for an individual commingled rate shall submit a completed Individual Commingled Rate Application (ICRS-APP (07/00)) in the form and manner required by this section. The applicant shall request approval to conduct an individual commingled rate survey using either the Division's individual commingled rate methodology, specified in subsection (c), or an alternative methodology submitted by the applicant. An operator of a curbside program shall conduct surveys on each day the program operates during a one week period. A total of six weekly surveys shall be conducted on a bimonthly basis beginning in October and ending no later than the second full week of the following September. Individual commingled rates that are approved by the Division, shall be effective from January 1 through December 31 of the year following the survey period. 
(a) At least 60 days prior to the commencement of the surveys, which begin in October, the Division shall notify operators of curbside programs of the opportunity to perform an individual commingled rate survey. An operator of a curbside program wishing to conduct an individual commingled rate survey shall contact the Division to obtain the Individual Commingled Rate Application (ICRS-APP (07/00)). 
(b) The Individual Commingled Rate Application (ICRS-APP (07/00)) must be completed and submitted to the Division no later than September 1st. To be considered complete, the survey application shall contain the following information: 
(1) The organization name and, if applicable, a copy of any fictitious business name statement being used. 
(2) The operator contact person's name, title, phone number, facsimile number, mailing address, and business address. 
(3) The survey location address and city, and a brief site description. 
(4) The survey technician's name and phone number. 
(5) A selection of either the Division's survey methodology in subsection (c) or an alternative proposed methodology to be submitted by the applicant. 
(6) The identification of material-types selected to be surveyed, the sample size, and daily sample size for each selected material. 
(7) The dates of survey weeks and the number of days for specified sample periods. 
(8) The specific time of the day in which surveys will be conducted. 
(9) The program category of the certified program to be surveyed. 
(10) For each curbside program to be surveyed under one application, the curbside registration number, the municipality served, and the operator contracted for collection and/or sorting, if any. 
(11) Declarations and signatures of applicant. 
(c) The Division's suggested methodology requires the following: 
(1)The program shall determine the annual survey sample size for each material type based on the chart below.

	Annual Survey Sample Size

Aluminum	6600

Glass	4500

Plastic (all resins)	3000
(2) Upon determining the annual survey sample size, the program shall calculate the daily sample size by dividing the annual survey sample size, specified in the chart above, by the total number of days the survey will be conducted during the entire annual survey. Once the daily sample size is determined for each material type, this will remain the daily sample size throughout the entire annual survey period for that material type. 
(3) Surveys shall be conducted for one regular workweek during each two-month sample period at pre-established dates, times, and places as indicated on the Individual Commingled Rate Application (ICRS-APP (07/00)) submitted to the Division. Surveys shall not be scheduled for weeks containing holidays or other days the program is not in operation, and shall be equally distributed throughout the survey period. 
(4) Daily samples shall be collected on a random basis from the material which has been received exclusively from programs approved for the survey. Only whole containers may be surveyed. 
(5) Upon selection and removal of containers for the daily sample, the applicant shall perform a complete sample analysis of counting, sorting, and weighing containers.
In performing a sample analysis, weight shall be measured, recorded, and reported in pounds and fractions thereof. All weighing in this state shall be done on a scale or other device approved, tested and sealed in accordance with Division 5 of the Business and Professions Code (Weights and Measures) and any applicable regulations thereunder. 
(6) The results of the sample analysis shall be legibly, accurately, and completely recorded on the Daily Data Collection Sheet (DDCS (07/00)), which shall contain the following information: 
(A) The year the rate will be effective. 
(B) The two-month sample period in which each one-week survey is conducted. 
(C) The program name. 
(D) The survey day and date. 
(E) The certification and/or registration numbers. 
(F) Identification of the material type surveyed. 
(G) The total quantity of containers surveyed, and their total weight. 
(H) The quantity and weight of CRV containers surveyed that have a volume less than 24 ounces. 
(I) The quantity and weight of CRV containers surveyed that have a volume of 24 ounces or more. 
(J) The quantity and weight of non-CRV containers surveyed. 
(K) The daily totals for each column. 
(7) At the conclusion of each weekly survey, the applicant shall complete a Weekly Summary Sheet (WSS (07/00)) which shall contain the following information: 
(A) The year the rate will be effective. 
(B) The two-month sample period of the weekly survey 
(C) The program name. 
(D) The survey week by dates. 
(E) The certification and/or registration numbers. 
(F) Identification of the material type surveyed. 
(G) The survey date summarized on that line. 
(H) The total quantity of containers surveyed on that date, and their total weight. 
(I) The quantity and weight of CRV containers surveyed on that date that have a volume less than 24 ounces. 
(J) The quantity and weight of CRV containers surveyed on that date that have a volume of 24 ounces or more. 
(K) The quantity and weight of non-CRV containers surveyed on that date. 
(L) The weekly totals for each column. 
(8) The completed original Daily Data Collection Sheet, and the Weekly Summary Sheet shall be confirmed to be complete, accurate, and consistent with the methodology approved for that program and shall be submitted to the Division for review, verification, and approval at the conclusion of each two-month survey period and must be submitted no later than the 15th day of the month following the survey period. 
(9) At the conclusion of the annual survey period, the applicant shall submit an Affidavit (AFD (07/00)) to confirm that all information is complete, accurate, and consistent with the methodology approved for that program.
(d) Curbside programs proposing to alter the Division's methodology or create their own alternative methodology must apply for Division approval, in advance, pursuant to section 2665 of these regulations. A proposed alternative methodology must equal the Division's methodology in the accuracy of estimation and level of confidence in the estimation. The alternative methodology must be described in adequate detail to determine the accuracy of estimation and level of confidence in the estimation. 
(e) Curbside programs shall have the option of conducting their individual commingled rate survey at either their location where curbside trucks unload or the location of curbside collections(s).
(f) Determination by the Division that a program has deviated from an approved methodology, demonstrated a significant lack of quality control, or misrepresented their survey results shall result in the termination of the individual commingled rate survey and/or disapproval or revocation of the individual commingled rate and a reversion to the statewide average commingled rate. The Division's adverse action may be appealed pursuant to section 2685 of these regulations.
(1) A significant lack of quality control is demonstrated when five (5) percent or more of the sample data submitted by an applicant is found to be incorrect by the Division, and is deleted from the survey pursuant to Section 2660(f)(3) below because of the following: 
(A) The cumulative weight of all components of a sample deviates by more than an acceptable range of accuracy ,as defined in Section 2660(f)(2) below, from the total sample taken for that material type and/or 
(B) The cumulative count of containers from all components of a sample does not equal the total sample count for that material type. 
(2) An acceptable range of accuracy, applicable to Section 2660(f)(1)(A) above, is the smallest variance or increment of accuracy of the applicant's scale multiplied by 2.0. 
(3) The Division, upon its sole discretion, may delete incorrect data samples.
(g) The Division shall disapprove individual commingled rates that are based on terminated surveys. The Division shall notify the applicant of such disapproval within thirty (30) calendar days of the determination that a program has deviated from an approved methodology, demonstrated a lack of quality control, or misrepresented survey results.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5, 14552(a) and 14573.51, Public Resources Code.
HISTORY

1. New article 2 (sections 2660-2675) and section filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-27-94 order including amendment of section transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
3. Amendment filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
4. Amendment of subsection (c)(8) filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).
§2665. Alternative Methodology Procedures.
Note     •     History

(a) Curbside programs choosing to use an alternative survey methodology shall apply to the Division for approval. Operators shall complete and submit to the Division the following documents, in originals:
(1) A completed survey application as specified in section 2660(b);
(2) A written description of the alternative methodology procedure in detail, the steps necessary to perform the alternative survey methodology, including the equipment to be used, materials to be collected, how the materials will be analyzed, location where sampling will occur, time and days of the survey, and any other relevant details that are necessary to arrive at the individual commingled rate. The proposed alternative methodology procedure must be as detailed and inclusive as the survey methodology provided by the Division.
(b) The Division shall review all completed proposed alternative methodology requests submitted.
(c) The Division shall notify the operator of its decision, after receipt of the documents requested in this subsection, if their methodology was approved or denied, pursuant to section 2670 of these regulations.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5, 14552(a) and 14573.51, Public Resources Code.
HISTORY

1. New section filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-27-94 order including amendment of subsections (a)(1)-(3) transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
3. Amendment of subsection (a)(1), repealer of subsection (a)(2), subsection renumbering, and amendment of newly designated subsection (a)(2) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
§2670. Survey Application Processing Time.
Note     •     History

(a) Within fifteen (15) calendar days from the receipt of the survey application and alternative methodology procedure, if applicable, from an operator of a curbside program requesting approval to use the Division's methodology or an alternative methodology to determine their program's specific individual commingled rate, the Division shall inform the applicant, in writing, that the survey application, and alternative methodology procedure, if applicable, are either complete and accepted for processing, or incomplete. If the survey application, and/or alternative methodology procedure, if applicable, are incomplete, the Division shall indicate, in writing, to the applicant what information or documentation is required. The applicant shall submit the required additional information or documentation, to the Division, no later than 10 calendar days from the date indicated in the Division's letter requesting additional information or documentation. Material submitted later than ten (10) calendar days will be rejected and the application will be denied.
(b) Within fifteen (15) calendar days after the Division informs the applicant of the receipt of a complete survey application and alternative methodology procedure, if applicable, as indicated in subsection 2670(a) above, the Division shall approve or disapprove the survey application and alternative methodology procedure, if applicable.
(c) If the application is disapproved, the applicant may request an appeal pursuant to subsection 2685 of these regulations.
(d) The applicant may begin using the approved survey methodology for the specified survey period, after receiving written notification from the Division that the survey application and alternative methodology procedure, if applicable, has been approved.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5, 14552(a) and 14573.51, Public Resources Code.
HISTORY

1. New section filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-27-94 order including amendment of section transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
3. Amendment of section heading and subsections (a), (b) and (d) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
4. Amendment of subsection (a) and Note filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).
§2675. Individual Commingled Rate Survey Audit and Results.
Note     •     History

(a) The Division may audit any applicant's procedures and results of an approved individual commingled rate survey. The Division shall conduct its audit during the scheduled survey week for any applicant.
(b) The Division shall conduct audits. To enable the Division to conduct audits, applicants shall retain the pile of material from which the sample was taken, including the sample itself, until the completion of their daily survey. On the day of the audit, the applicant shall provide Division audit staff access to the material immediately after the applicant conducts the survey. If the applicant deviates from the approved survey time, they shall notify the Division immediately, but not less than 24 hours prior to the time of the deviation.
(c) If, in each of two separate audits, the Division determines, using standard statistical formulas, that the difference between the applicant's and the Division's proportion of California Redemption Value containers is statistically significant, the Division shall terminate the applicant's individual commingled rate survey. The difference shall be statistically significant, if the applicant's proportion is higher than the Division's, and the Division is 99% confident that the chances of the difference occurring under the applicant's approved study methodology is 5% or less.
(1) The Division shall disapprove individual commingled rates that are based on terminated surveys. The Division shall notify the applicant of such termination and disapproval within thirty (30) calendar days of the audit.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5 and 14552(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2675 to section 2680 and new section filed 4-7-95; operative 4-7-95 (Register 95, No. 14).
2. Amendment of subsections (b) and (c)(1) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
§2680. Receipt of Approval or Disapproval and Notification of Changes.
Note     •     History

(a) Within sixty (60) calendar days after the Division receives the curbside program's final survey results, the Division shall approve or disapprove the program's individual commingled rate.
(b) The applicant shall notify the Division, in writing, within ten (10) working days, of the occurrence of either of the following for any material for which the operator has an approved individual commingled rate:
(1) Any increase or decrease of twenty (20) percent or more in the total monthly weight from the average weight of the previous three (3) month period; or
(2) Any increase or decrease of twenty (20) percent in the total monthly number of customer sites served by the applicant from the average number of customer sites of the previous three (3) month period.
(c) Failure to provide this notification may subject the applicant to immediate revocation of the individual commingled rate.
(d) Upon notification of operational changes, described in subsections (b)(1) or (b)(2) above, the Division may, upon its sole discretion, review and alter or revoke the individual commingled rate.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14552(a), Public Resources Code; and Section 15376, Government Code.
HISTORY

1. New section filed 4-7-95; operative 4-7-95 (Register 95, No. 14).
2. Amendment of subsection (a) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
§2685. Individual Commingled Rate Appeals Process.
Note     •     History

(a) In the event of the denial of survey application, termination of an individual commingled rate survey, and/or disapproval or revocation of an individual commingled rate, curbside programs may file a formal appeal by writing to the Assistant Director for Recycling within thirty (30) calendar days after the receipt of a Letter of Denial (LED). Appeals submitted after this time period shall be rejected. All written appeals shall include:
(1) A copy of the LED; and
(2) A detailed explanation of why the determination was in error; and
(3) Any other documentation that supports the appeal.
(b) A decision on the appeal shall be sent to the program applicant, in writing, within fifteen (15) working days of receipt of the appeal.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5 and 14552(a), Public Resources Code.
HISTORY

1. New section filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-27-94 order including renumbering and amendment of former section 2675 to section 2685 transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
3. Amendment of subsection (a) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
4. Change without regulatory effect amending subsection (a) filed 4-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 16).
Article 3. Quality Glass Incentive Payments
§2690. Quality Glass Incentive Payments. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14549.1, Public Resources Code.
HISTORY

1. New section filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 7-5-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
2. New section refiled 7-6-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 27). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 11-3-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation. 
3. Certificate of Compliance as to 7-6-2000 order, including new article 3 heading and further amendment of section, transmitted to OAL 9-28-2000 and filed 11-13-2000 (Register 2000, No. 46).
4. Renumbering of former subchapter 8, article 3 (section 2690) to subchapter 11.5, article 1 (section 2850) filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day.
5. Renumbering of former subchapter 8, article 3 (section 2690) to subchapter 11.5, article 1 (section 2850) refiled 7-17-2002 as an emergency; operative 7-23-2002 (Register 2002, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-20-2002 or emergency language will be repealed by operation of law on the following day.
6. Renumbering of former subchapter 8, article 3 (section 2690) to subchapter 11.5, article 1 (section 2850) refiled 11-18-2002 as an emergency; operative 11-20-2002 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-2003 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 11-18-2002 order transmitted to OAL 2-20-2003 and filed 4-1-2003 (Register 2003, No. 14).
Subchapter 9. Community Service Programs
Article 1. Requirements for Community Service Programs
§2700. Operation Standards.
Note     •     History

(a) All certified community service programs shall meet the following requirements:
(1) Operate in accordance with the category of certification as approved by the Division and defined in these regulations.
(2) In order to remain certified, a community service program must collect or accept a minimum of 500 pounds of aluminum or plastic beverage containers, or 2000 pounds of glass beverage containers every year after becoming certified.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14511.7, Public Resources Code.
HISTORY

1. Repealer and new subchapter 9, article 1 and section filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
2. Editorial correction of Note (Register 96, No. 10).
§2701. Recordkeeping. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14541(d), 14552 and 14575, Public Resources Code.
HISTORY

1. New section filed 5-7-87 as an emergency; operative 5-7-87 (Register 87, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-4-87.
2. New section filed 9-2-87 as an emergency; operative 9-5-87 (Register 87, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-3-88.
3. New section filed 12-29-87 as an emergency; operative 1-3-88 (Register 88, No. 3). A Certificate of Compliance must be transmitted to OAL within 10 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance including amendment transmitted to OAL 4-22-88 and filed 5-24-88 (Register 88, No. 23).
5. Renumbering and amendment of former section 2701 to section 2225 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2705. Notification Requirements.
Note     •     History

(a) In addition to the requirements contained in section 2700(a) above, a certified community service program shall notify the Division prior to any of the following events:
(1) Any change in operation.
(2) Any change in operator name or contact person, mailing or business address, or telephone number of the operator.
(3) Change in the name of the program.
(4) Change in the corporate officers, if applicable.
(5) Change in the agent for service of process, if applicable.
(b) The operator of a certified community service program who includes to be decertified shall submit a written notification to the Division, which includes the proposed effective date.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14511.7, Public Resources Code.
HISTORY

1. Repealer of article 2 heading and repealer and new section filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
2. Amendment filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
Article 2. Accounting and Reporting Requirements
§2710. Applicability.
Note     •     History

In addition to the general accounting requirements of article 4 of subchapter 2, community service programs shall comply with the accounting and reporting provisions of this article.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7 and 14552, Public Resources Code.
HISTORY

1. New article 2 and section filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
§2711. Recordkeeping. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2711 to section 2235 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2712. Reporting. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2712 to section 2240 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2713. Payments. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2713 to section 2245 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2715. Recordkeeping.
Note     •     History

Community service programs shall maintain the following records in accordance with the general requirements set forth in section 2085 of subchapter 2 of these regulations.
(a) Community service programs which accept or collect empty beverage containers at a specific location or location(s) shall maintain all of the following:
(1) A copy of the shipping report prepared by a recycling center or processor; and
(2) A copy of the weight ticket prepared by a recycling center or processor; and
(3) A log containing a brief written description of any recycling drive or special event at which the program accepts or collects empty beverage containers, including the name of the event, the name and phone number of a contact person from the community service program, the date the event occurred, the material types collected, and an estimate of the weight of each material type collected.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7 and 14552, Public Resources Code.
HISTORY

1. New section filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
2. Amendment of subsection (a)(1) filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
Article 3. Individual Commingled Rate
§2716. Obtaining Department Approval. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.
HISTORY

1. New article 3 and section filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40).  A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.
2. New article 3 and section, including amendment of subsection (d), refiled 1-24-94 as an emergency; operative 2-3-94 (Register 94, No. 4).  A Certificate of Compliance must be transmitted to OAL 5-23-94 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 21).
§2717. Alternative Methodology Procedures. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.
HISTORY

1. New  section filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40).  A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-24-94 as an emergency; operative 2-3-94 (Register 94, No. 4).  A Certificate of Compliance must be transmitted to OAL 5-23-94 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 94, No. 39).
§2718. Permit Processing Times for Individual Commingled Rate Studies. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 15376, Government Code; Section 14552(a), Public Resources Code.
HISTORY

1. New  section filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40).  A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-24-94 as an emergency; operative 2-3-94 (Register 94, No. 4).  A Certificate of Compliance must be transmitted to OAL 5-23-94 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 94, No. 39).
§2719. Appeals. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code.  Reference: Sections 14511.7 and 14552(a), Public Resources Code.
HISTORY

1. New section filed 1-24-94 as an emergency; operative 2-3-94 (Register 94, No. 4).  A Certificate of Compliance must be transmitted to OAL 5-23-94 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 21).
§2720. Obtaining Division Approval.
Note     •     History

Operators of community service programs shall be paid the applicable statewide average commingled rate, determined by the Division, for commingled beverage container material types, unless the Division approves an individual commingled rate for their program. Individual commingled rates may be approved for one or more material-types which have an existing statewide commingled rate. Operators of community service programs who wish to apply for an individual commingled rate shall submit a completed Individual Commingled Rate Application (ICRS-APP (07/00)) in the form and manner required by this section. The applicant shall request approval to conduct an individual commingled rate survey using either the Division's individual commingled rate methodology, specified in subsection (c), or an alternative methodology submitted by the applicant. An operator of a community service program shall conduct surveys on each day the program operates during a one week period. A total of six weekly surveys shall be conducted on a bimonthly basis beginning in October and ending no later than the second full week of the following September. Individual commingled rates that are approved by the Division, shall be effective from January 1 through December 31 of the year following the survey period. 
(a) At least 60 days prior to the commencement of the surveys, which begin in October, the Division shall notify operators of community service programs of the opportunity to perform an individual commingled rate survey. An operator of a community service program wishing to conduct an individual commingled rate survey shall contact the Division to obtain the Individual Commingled Rate Application (ICRS-APP (07/00)). 
(b) The Individual Commingled Rate Application (ICRS-APP (07/00)) must be completed and submitted to the Division no later than September 1st. To be considered complete, the survey application shall contain the following information: 
(1) The organization name and, if applicable, a copy of any fictitious business name statement being used. 
(2) The operator contact person's name, title, phone number, facsimile number, mailing address, and business address. 
(3) The survey location address and city, and a brief site description. 
(4) The survey technician's name and phone number. 
(5) A selection of either the Division's survey methodology in subsection (c) or an alternative proposed methodology to be submitted by the applicant. 
(6) The identification of material-types selected to be surveyed, the sample size, and daily sample size for each selected material. 
(7) The dates of survey weeks and the number of days for specified sample periods. 
(8) The specific time of the day in which surveys will be conducted. 
(9) The program category of the certified program to be surveyed. 
(10) The certification number of the program to be surveyed. 
(11) The source of material for the certified program to be surveyed. 
(12) The number of municipalities served by the certified program to be surveyed, if any. 
(13) The number of customer sites from which survey material is to be collected by the certified program. 
(14) The frequency that collected material is sold. 
(15) A brief description of the certified program. 
(16) Declarations and signatures of applicant. 
(c) The Division's suggested methodology requires the following: 
(1)The program shall determine the annual survey sample size for each material type based on the chart below.

	Annual Survey Sample Size

Aluminum	6600

Glass	4500

Plastic (all resins)	3000
(2) Upon determining the annual survey sample size, the program shall calculate the daily sample size by dividing the annual survey sample size, specified in the chart above, by the total number of days the survey will be conducted during the entire annual survey. Once the daily sample size is determined for each material type, this will remain the daily sample size throughout the entire annual survey period for that material type. 
(3) Surveys shall be conducted for one regular workweek during each two-month sample period at pre-established dates, times, and places as indicated on the Individual Commingled Rate Application (ICRS-APP (07/00)) submitted to the Division. Surveys shall not be scheduled for weeks containing holidays or other days the program is not in operation, and shall be equally distributed throughout the survey period. 
(4) Daily samples shall be collected on a random basis from the material which has been received exclusively from programs approved for the survey. Only whole containers may be surveyed. 
(5) Upon selection and removal of containers for the daily sample, the applicant shall perform a complete sample analysis of counting, sorting, and weighing containers.
In performing a sample analysis, weight shall be measured, recorded, and reported in pounds and fractions thereof. All weighing in this state shall be done on a scale or other device approved, tested and sealed in accordance with Division 5 of the Business and Professions Code (Weights and Measures) and any applicable regulations thereunder. 
(6) The results of the sample analysis shall be legibly, accurately, and completely recorded on the Daily Data Collection Sheet (DDCS (07/00)), which shall contain the following information: 
(A) The year the rate will be effective. 
(B) The two-month sample period in which each one-week survey is conducted. 
(C) The program name. 
(D) The survey day and date. 
(E) The certification and/or registration numbers. 
(F) Identification of the material type surveyed. 
(G) The total quantity of containers surveyed, and their total weight. 
(H) The quantity and weight of CRV containers surveyed that have a volume less than 24 ounces. 
(I) The quantity and weight of CRV containers surveyed that have a volume of 24 ounces or more. 
(J) The quantity and weight of non-CRV containers surveyed. 
(K) The daily totals for each column. 
(7) At the conclusion of each weekly survey, the applicant shall complete a Weekly Summary Sheet (WSS (07/00)) which shall contain the following information: 
(A) The year the rate will be effective. 
(B) The two-month sample period of the weekly survey 
(C) The program name. 
(D) The survey week by dates. 
(E) The certification and/or registration numbers. 
(F) Identification of the material type surveyed. 
(G) The survey date summarized on that line. 
(H) The total quantity of containers surveyed on that date, and their total weight. 
(I) The quantity and weight of CRV containers surveyed on that date that have a volume less than 24 ounces. 
(J) The quantity and weight of CRV containers surveyed on that date that have a volume of 24 ounces or more. 
(K) The quantity and weight of non-CRV containers surveyed on that date. 
(L) The weekly totals for each column. 
(8) The completed original Daily Data Collection Sheet, and the Weekly Summary Sheet shall be confirmed to be complete, accurate, and consistent with the methodology approved for that program and shall be submitted to the Division for review, verification, and approval at the conclusion of each two-month survey period and must be submitted no later than the 15th day of the month following the survey period. 
(9) At the conclusion of the annual survey period, the applicant shall submit an Affidavit (AFD (07/00)) to confirm that all information is complete, accurate, and consistent with the methodology approved for that program. 
(d) Community service programs proposing to alter the Division's methodology or create their own alternative methodology must apply for Division approval, in advance, pursuant to section 2725 of these regulations. A proposed alternative methodology must equal the Division's methodology in the accuracy of estimation and level of confidence in the estimation. The alternative methodology must be described in adequate detail to determine the accuracy of estimation and level of confidence in the estimation.
(e) Determination by the Division that a program has deviated from an approved methodology, demonstrated a significant lack of quality control, or misrepresented their survey results shall result in the termination of the individual commingled rate survey and/or disapproval or revocation of the individual commingled rate and a reversion to the statewide average commingled rate. The Division's adverse action may be appealed pursuant to section 2745 of these regulations.
(1) A significant lack of quality control is demonstrated when five (5) percent or more of the sample data submitted by an applicant is found to be incorrect by the Division, and is deleted from the survey pursuant to Section 2720(e)(3) below because of the following: 
(A) The cumulative weight of all components of a sample deviates by more than an acceptable range of accuracy, as defined in Section 2720(e)(2) below, from the total sample taken for that material type and/or 
(B) The cumulative count of containers from all components of a sample does not equal the total sample count for that material type. 
(2) An acceptable range of accuracy, applicable to Section 2720(e)(1)(A) above, is the smallest variance or increment of accuracy of the applicant's scale multiplied by 2.0. 
(3) The Division, upon its sole discretion, may delete incorrect data samples. 
(f) The Division shall disapprove individual commingled rates that are based on terminated surveys. The Division shall notify the applicant of such disapproval within thirty (30) calendar days of the determination that a program has deviated from an approved methodology, demonstrated a lack of quality control, or misrepresented survey results.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14520 and 14552(a), Public Resources Code.
HISTORY

1. New section filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 91, No. 46.
2. Certificate of Compliance as to 10-27-94 order including amendment of section transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
3. Amendment filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
4. Amendment of subsection (c)(8) filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).
§2721. Recordkeeping. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5, 14537, 14550(b) and (c), 14561, 14571.9 and 14572.5, Public Resources Code.
HISTORY

1. New section filed 5-7-87 as an emergency; operative 5-7-87 (Register 87, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-4-87.
2. New section filed 9-2-87 as an emergency; operative 9-5-87 (Register 87, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-3-88.
3. New section filed 12-29-87 as an emergency; operative 1-3-88 (Register 88, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance including amendment of subsection (a) and NOTE transmitted to OAL 4-22-88 and filed 5-24-88 (Register 88, No. 23).
5. Amendment filed 7-19-89; operative 7-19-89 (Register 89, No. 29).
6. Renumbering and amendment of former section 2721 to section 2305 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2722. Reporting. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2722 to section 2310 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2722.1. Reporting Additional Information. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2722.1 to section 2315 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2723. Payments. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2723 to section 2320 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2725. Alternative Methodology Procedures.
Note     •     History

(a) Community service programs choosing to use an alternative survey methodology shall apply to the Division for approval. Operators shall complete and submit to the Division the following documents, in originals:
(1) A completed survey application as specified in Section 2720(b);
(2) A written description of the alternative methodology procedure in detail, the steps necessary to perform the alternative survey methodology, including the equipment to be used, materials to be collected, how the materials will be analyzed, location where sampling will occur, time and days of the survey, and any other relevant details that are necessary to arrive at the individual commingled rate. The proposed alternative methodology procedure must be as detailed and inclusive as the survey methodology provided by the Division.
(b) The Division shall review all completed proposed alternative methodology requests submitted.
(c) The Division shall notify the operator of its decision, after receipt of the documents requested in this subsection, if their methodology was approved or denied, pursuant to section 2730 of these regulations.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14520 and 14552(a), Public Resources Code.
HISTORY

1. New section filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-27-94 order including amendment of subsections (a)(1)-(3) transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
3. Amendment of subsection (a)(1), repealer of subsection (a)(2), subsection renumbering, and amendment of newly designated subsection (a)(2) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
§2730. Survey Application Processing Time.
Note     •     History

(a) Within fifteen (15) calendar days from the receipt of the survey application, and alternative methodology procedure, if applicable, from an operator of a community service program requesting approval to use the Division's methodology or an alternative methodology to determine their program's specific individual commingled rate, the Division shall inform the applicant, in writing, that the survey application, and alternative methodology procedure, if applicable, are either complete and accepted for processing, or incomplete. If the survey application, and/or alternative methodology procedure, if applicable, are incomplete, the Division shall indicate, in writing, to the applicant what information or documentation is required. The applicant shall submit the required additional information or documentation, to the Division, no later than ten (10) calendar days from the date indicated in the Division's letter requesting additional information or documentation. Material submitted later than ten (10) calendar days will be rejected and the application will be denied.
(b) Within fifteen (15) calendar days after the Division informs the applicant of the receipt of a complete survey application and alternative methodology procedure, if applicable, as indicated in subsection 2730(a) above, the Division shall approve or disapprove the survey application and alternative methodology procedure, if applicable.
(c) If the application is disapproved, the applicant may request an appeal pursuant to section 2745 of these regulations.
(d) The applicant may begin using the approved survey methodology for the specified survey period, after receiving written notification from the Division that the survey application and alternative methodology procedure, if applicable, has been approved.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14520 and 14552(a), Public Resources Code.
HISTORY

1. New section filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 91, No. 46.
2. Certificate of Compliance as to 10-27-94 order including amendment of section and Note transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
3. Amendment of section heading and subsections (a), (b) and (d) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
4. Amendment of subsection (a) and Note filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).
§2731. Recordkeeping. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2731 to section 2525 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2732. Reporting. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2732 to section 2530 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2733. Payments to Consumers, Curbside Programs, Nonprofit Dropoff Programs, and Dropoff or Collection Programs. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2733 to section 2535 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2734. Receipt of Funds. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2734 to section 2540 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2735. Individual Commingled Rate Survey Audit and Results.
Note     •     History

(a) The Division may audit any applicant's procedures and results of an approved individual commingled rate survey. The Division shall conduct its audit during the scheduled survey week for any applicant.
(b) The Division shall conduct audits. To enable the Division to conduct audits, applicants shall retain the pile of material from which the sample was taken, including the sample itself, until the completion of their daily survey. On the day of the audit, the applicant shall provide Division audit staff access to the material immediately after the applicant conducts the survey. If the applicant deviates from the approved survey time, they shall notify the Division immediately, but not less than 24 hours prior to the time of the deviation.
(c) If, in each of two separate audits, the Division determines, using standard statistical formulas, that the difference between the applicant's and the Division's proportion of California Redemption Value containers is statistically significant, the Division shall terminate the applicant's individual commingled rate survey. The difference shall be statistically significant, if the applicant's proportion is higher than the Division's, and the Division is 99% confident that the chances of the difference occurring under the applicant's approved study methodology is 5% or less.
(1) The Division shall disapprove individual commingled rates that are based on terminated surveys. The Division shall notify the applicant of such termination and disapproval within thirty (30) calendar days of the audit.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14552(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2735 to section 2745 and new section filed 4-7-95; operative 4-7-95 (Register 95, No. 14).
2. Amendment of subsections (b) and (c)(1) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
§2740. Receipt of Approval or Disapproval and Notification of Changes.
Note     •     History

(a) Within sixty (60) calendar days after the Division receives the community service program's final survey results, the Division shall approve or disapprove the program's individual commingled rate.
(b) The applicant shall notify the Division,in writing, within ten (10) working days, of the occurrence of either of the following for any material for which the operator has an approved individual commingled rate:
(1) Any increase or decrease of twenty (20) percent or more in the total monthly weight from the average weight of the previous three (3) month period; or,
(2) Any increase or decrease of twenty (20) percent in the total monthly number of customer sites served by the applicant from the average number of customer sites of the previous three (3) month period.
(c) Failure to provide this notification may subject the applicant to immediate revocation of the individual commingled rate.
(d) Upon notification of operational changes, described in subsections (b)(1) or (b)(2) above, the Division may, upon its sole discretion, review and alter or revoke the individual commingled rate.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14552(a), Public Resources Code; and Section 15376, Government Code.
HISTORY

1. Renumbering and amendment of former section 2740 to section 2415 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. New section filed 4-7-95; operative 4-7-95 (Register 95, No. 14).
3. Amendment of subsection (a) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
§2741. Recordkeeping. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2741 to section 2420 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2742. Reporting. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2742 to section 2425 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2743. Payments. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2743 to section 2430 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2744. Cancellation. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14572 and 14573.5, Public Resources Code. 
HISTORY

1. New section filed 5-7-87 as an emergency; operative 5-7-87 (Register 87, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-4-87.
2. Repealer filed 9-2-87 as an emergency; operative 9-5-87 (Register 87, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-3-88.
3. Repealer filed 12-29-87 as an emergency; operative 1-3-88 (Register 88, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance transmitted to OAL 4-22-88 and filed 5-24-88 (Register 88, No. 23).
§2745. Individual Commingled Rate Appeals Process.
Note     •     History

(a) In the event of the denial of a survey application, termination of an individual commingled rate survey, and/or disapproval or revocation of an individual commingled rate, community service programs may file a formal appeal by writing to the Assistant Director for Recycling within thirty (30) calendar days after the receipt of a Letter of Denial (LED). Appeals submitted after this time period shall be rejected. All written appeals shall include:
(1) A copy of the LED; and
(2) A detailed explanation of why the determination was in error; and
(3) Any other documentation that supports the appeal.
(b) A decision on the appeal shall be sent to the program applicant, in writing, within fifteen (15) working days of receipt of the appeal.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14552(a), Public Resources Code.
HISTORY

1. New section filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 88, No. 23.
2. Certificate of Compliance as to 10-27-94 order including renumbering and amendment of former section 2735 to section 2745 transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
3. Amendment of subsection (a) and new Forms ICRS-APP (07/00), DDCS (01/01), WSS (01/01) and AFD (01/01) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
4. Change without regulatory effect amending subsection (a) filed 4-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 16).

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Subchapter 10. Exemptions
Article 1. Exemption Standards
§2750. Exemption Guidelines. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Section 14571.8, Public Resources Code.
HISTORY

1. New subchapter 10 and section filed 2-24-93; operative 3-26-93 (Register 93, No. 9). For prior history, see Register 91, No. 46.
2. Renumbering of former section 2750 to section 2800 filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
§2760. Containers Per Pound Rate. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2760 to section 2920 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2770. Commingled Rate. [Repealed]
History

HISTORY

1. Renumbering and amendment of former section 2770 to section 2930 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
Article 2. General Requirements
§2800. Exemption Guidelines.
Note     •     History

(a) If the number of convenience zones being reviewed for exemption, pursuant to Section14571.8 of the Act, exceeds the number of exemptions available pursuant to Section14571.8(d) of the Act, the Division shall consider exemptions in the following order of priority:
(1) all exemptions specifically applied for, in writing, or on the form provided by the Division (Form #CZ-1 (Rev.8/00)) shall contain all of the following information:
(A) The name, mailing address and phone number of the applicant.
(B) The company or organization which the applicant represents, if applicable.
(C) The name of a contact person if different from the applicant.
(D) The company name and address of the supermarket which is the focal point of each convenience zone for which the applicant is seeking an exemption.
(E) A statement justifying the request for an exemption, pursuant to Section 14571.8 of the Act.
(F) The signature and title (if applicable) of the applicant and the date of signature.
(2) newly established convenience zones and convenience zones which have become unserved, in order by date in which the recycling facility ceased operation.
(b) If the Division determines that the exemption cap established by Section 14571.8(d) of the Act has been reached, the Division shall thereafter serve all dealers in convenience zones which become unserved, or are newly created, with the notice specified at Section 14571.7(a).
(c) After the exemption cap has been reached, only those convenience zones which submit a Form #CZ-1 or a letter containing all specified information pursuant to Section 2800(a)(1) will be considered. Forms #CZ-1 or letters containing all specified information pursuant to Section 2800(a)(1) shall be considered in the order received as exemptions become available.
(d) The Division shall review exemption requests, pursuant to Public Resources Code Section 14571.8(b), at a minimum, every six months. Prior and subsequent to each exemption decision, the Division shall mail notice of the proposed convenience zone exemption to each of the following persons:
(1) Each person who has submitted a Form #CZ-1 or a letter containing all specified information pursuant to Section 2800(a)(1); and
(2) Each dealer located within the convenience zones which are being considered for an exemption; and
(3) Each person who has specifically requested notice of such actions.
(e) The persons enumerated in section (d) above shall have 30 days from the date of the notice to submit written comments to the Division regarding the proposed convenience zone exemption.
NOTE

Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Section 14571.8, Public Resources Code.
HISTORY

1. Amendment of article heading, renumbering and amendment of former section 2750 to section 2800 and renumbering of former section 2800 to section 2805 filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40). For prior history, see Register 93, No. 14.
2. Editorial correction deleting duplicate subchapter heading (Register 94, No. 40).
3. Editorial correction of subsection (a) (Register 95, No. 14).
4. Repealer and new subsection (d), amendment of subsection (d)(3), and repealer and new subsection (e) filed 10-7-96; operative 10-7-96 (Register 96, No. 41).
5. Amendment of section and new form CZ-1 filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).

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§2805. Exemption Revocation Guidelines.
Note     •     History

(a) The Division on its own motion may revoke a convenience zone exemption, or any interested person may petition the Division, on a form provided by the Division (Convenience Zone Exemption Revocation Application Form #CZ-2 (Rev. 8/00)) or in a letter to the Division, to revoke the exemption for any exempt convenience zone. The department will only consider petitions submitted in writing on either the form #CZ-2 or in a letter, which shall contain all of the following information:
(1) The name, complete mailing address and phone number of the petitioner.
(2) The name, complete mailing address and phone number of the company or firm which the petitioner represents, if applicable.
(3) The company name and street address of the supermarket which is the focal point of the exempt zone which is the subject of the petition.
(4) A statement of the change in condition(s) or other rationale which forms the basis for the petitioner's request.
(5) The signature and title (if applicable) of the petitioner and the date of signature.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14571.8, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2800 to new section 2805 with amendment of Note and renumbering of former section 2805 to section 2810 filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40). For prior history, see Register 93, No. 14.
2. Amendment of section heading and section and repealer and new form CZ-2 filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).

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§2810. Granting of Exemptions.
Note     •     History

NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14571.8, Public Resources Code.
HISTORY

1. Renumbering of former section 2805 to new section 2810 with amendment of section heading, new subsection (b) and amendment of Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40). For prior history, see Register 91, No. 46.
2. Repealer filed 10-7-96; operative 10-7-96 (Register 96, No. 41).
§2815. Eligibility.
History

HISTORY

1. Renumbering and amendment of former section 2815 to section 2950 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
Subchapter 11. Pacific Beach Pilot Mobile Recycling Program
Article 1. General Requirements
§2820. Pacific Beach Pilot Mobile Recycling Program.
Note     •     History

Upon selection of an applicant, the Division shall certify one recycling center operator to establish a pilot mobile recycling program in the Pacific Beach area within the City of San Diego.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14571.4, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2820 to section 2955 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. New subchapter 11, article 1 (sections 2820-2825) and section filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted to OAL 7-2-95 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-3-95 order including amendment of section transmitted to OAL 6-12-95 and filed 7-20-95 (Register 95, No. 29).
§2825. General Operating Requirements for the Pacific Beach Pilot Mobile Recycling Program.
Note     •     History

(a) All dealers in the Pacific Beach area of the City of San Diego shall comply with sections 14571.6 and 14571.7 of the Public Resources Code if, at any time, the Pacific Beach Pilot Mobile Recycling Program does not have an operator.
(b) Unless expressly specified otherwise in Public Resources Code Section 14571.4, the operator of the Pacific Beach Pilot Mobile Recycling Program is not exempt from compliance with other provisions of the Act or Regulations.
(c) The operator of the Pacific Beach Pilot Mobile Recycling Program shall be eligible to apply for one handling fee payment per month, based upon the combined logs and receipts from consumer transactions only, at the five recycling locations approved by the Division in the Pacific Beach area of the City of San Diego.
(d) If the Division terminates an operator's certification before January 1, 1997, the Division shall give a thirty (30) day notice to the operator before the effective termination date. The Division may terminate certification prior to January 1, 1997, if the operator violates the terms of the Division's regulations or its agreement with the Division, including such acts as:
(1) Failure to operate one (1) day per week, eight (8) hours per day, at each of the five (5) locations approved by the Division.
(2) Failure to operate a minimum of five hours per week occurring during periods other than from Monday to Friday, from 9:00 a.m. to 5:00 p.m.
(3) Failure to submit to the Department a copy of all shipping reports completed by the receiver for transactions of empty beverage containers recycled in the Pacific Beach area of the City of San Diego within five (5) working days of the receiver's signature date on the shipping report.
(4) Failure to keep records in accordance with sections 2525 and 2530 of subchapter 6 of these regulations.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14571.4, 14571.6 and 14571.7, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2825 to section 2955 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. New  section filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted to OAL 7-2-95 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-3-95 order including amendment of section transmitted to OAL 6-12-95 and filed 7-20-95 (Register 95, No. 29).
Subchapter 11.5. Quality Incentive Payments
Article 1. General Requirements
§2850. Quality Incentive Payments.
Note     •     History

(a) The Division may pay a quality incentive payment to any registered curbside program or entity certified pursuant to the Act and subject to the availability of funds, for empty glass, plastic and aluminum beverage containers collected by either a registered curbside program or a dropoff or collection program, consistent with the quality specifications adopted by the Division below. 
(1) A Quality Incentive Payment shall be made for empty glass beverage containers, that meet the requirements in Section 14549.1(c)(1)(A) and (B) of the Act. 
(2) A quality incentive payment shall be made for empty plastic beverage containers sorted by resin type (PETE #1, HDPE #2, V #3, LDPE #4, PP #5, PS #6, and OTHER #7) that meet the requirements of Section 14549.1(c)(2)(A) of the Act. The resin sorted and cleaned empty plastic beverage containers must meet the “Commercial Guideline Baled Recycled Plastic Standard,” as specified in the most current “Scrap Specifications Circular” published by the Institute of Scrap Recycling Industries (ISRI). 
(3) A quality incentive payment shall be made for empty aluminum beverage containers that meet the requirements of Section 14549.1(c)(3)(A) and (B) of the Act. The sorted and cleaned empty aluminum beverage containers must follow the guidelines for post-consumer aluminum can scrap as specified in the most current “Scrap Specifications Circular” published by the Institute of Scrap Recycling Industries (ISRI). 
(b) For empty beverage containers that meet the quality specifications, pursuant to subsection 2850(a) (1), (2), and (3), prior to completion of the Shipping Report (DR-6 (06/07)), the registered curbside program or certified entity shall be identified on the Shipping Report (DR-6 (06/07)), as specified in Sections 2425(e) or 2530(f), and the Shipping Report (DR-6 (06/07) shall constitute the claim for the quality incentive payment. 
(c) For empty beverage containers that meet the quality specifications, pursuant to subsection 2850 (a) (1), (2), and (3), subsequent to the completion of the Shipping Report (DR-6 (06/07)), the processor that claims a quality incentive payment for empty beverage containers shall submit a Quality Incentive Payment Claim Form (DOR 56 (06/07)) to the Division for each calendar month in which the quality incentive payment is being claimed. To be eligible to submit a Quality Incentive Payment Claim Form (DOR 56 (06/07)), the processor that sorts and/or cleans the empty beverage container material shall submit a request and receive approval from the Division for authorization to submit claims. 
(1) The request for authorization must include the methodology developed by the processor to attribute the empty beverage containers to the types of programs from which they were received to ensure that empty beverage containers collected by sources other than curbside programs, or dropoff or collection programs are excluded from the amount claimed for quality incentive payments. 
(2) The Division shall notify the applicant in writing within fifteen (15) working days of receipt of the application, or receipt of additional information if the application was initially incomplete, that it is either: 
(A) Complete and accepted for further review; or 
(B) Incomplete and the reasons for the deficiency. 
(3) The Division shall review and consider each request for authorization to submit claims for quality incentive payments for post shipping report empty beverage containers and issue a written approval or denial. Upon determining that an application is complete, the Division shall notify the applicant in writing within forty-five (45) calendar days that such application is either: 
(A) Approved; or 
(B) Denied and the reasons for denial. 
Upon approval, the authorization to submit claims for quality incentive payments for post shipping report empty beverage containers shall be valid for a period of three (3) years from the date of approval, or until such time as the authorization is surrendered by the processor, or suspended or revoked by the Division. 
(4) Reasons for denying a request for authorization, or for suspending or revoking an approved authorization may include, but shall not be limited to any of the following: 
(A) The processor does not ensure that empty beverage containers received from entities other than curbside programs or dropoff or collection programs are excluded from the claim; 
(B) The processor does not account for each incoming load of empty beverage containers; 
(C) The claim for quality incentive payment is not based on the sorted and/or cleaned weight for the material type; and 
(D) The processor fails to maintain inventory records that show sorted, shipped and received materials; and, 
(E) The processor has been found to be in violation of any provision of the Act, or any regulations adopted pursuant to the Act. 
(5) A processor may request reconsideration of a denial, suspension, or revocation of an authorization by submitting a written request for reconsideration to the Division within thirty (30) calendar days of being notified of a denial, revocation, or suspension of an authorization to submit claims for quality incentive payments. All written requests shall include: 
(A) A copy of the notice denying the authorization to submit claims for quality incentive payments; 
(B) A detailed explanation of the grounds for reconsideration; and 
(C) Any other documentation that supports the request. 
(6) A written decision on the request for reconsideration shall be sent to the processor within twenty (20) calendar days of the receipt of the request. 
(d) To be eligible for payment, the Quality Incentive Payment Claim Form (DOR 56 (06/07)) must meet the following requirements: 
(1) Postmarked no later than the first day of the second month following the reporting month. Claims postmarked after this date or incomplete claims may be denied payment. A separate claim shall be completed by each processor; and 
(2) Each Quality Incentive Payment Claim Form (DOR 56 (06/07)), must include all of the following information: 
(A) The month for which the claim is submitted; 
(B) The material type; 
(C) The facility name, mailing address, and certification number of the processor submitting a claim for quality incentive payments. 
(D) The name and phone number of a contact person; 
(E) The redemption weight to tenths of tons of empty beverage container materials claimed; 
(F) The signature and title of an authorized representative; and 
(G) The date the report was signed by the authorized representative under penalty of perjury. 
(e) The quality incentive payment may be denied or reduced if the Division has prevailed against the registered curbside program or certified entity in a civil or administrative action and money is owed to the Division as a result of the action. 
(f) For the purpose of Section 14549.1 of the Act and these regulations, the following definitions apply: 
(1) “Color sorted glass” means glass that has been sorted into flint, amber, and green fractions, and would be acceptable to a beneficiating processor. 
(2) “Substantially free of contamination” means glass that has been substantially cleaned of non-glass contaminants. 
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14549.1 and 14552, Public Resources Code.
HISTORY

1. Renumbering and amendment of former subchapter 8, article 3 (section 2690) to subchapter 11.5, article 1 (section 2850) filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day. For prior history of sections 2830-2865, see Register 91, No. 46. 
2. Renumbering and amendment of former subchapter 8, article 3 (section 2690) to subchapter 11.5, article 1 (section 2850) refiled 7-17-2002 as an emergency, including amendment of subsection (b); operative 7-23-2002 (Register 2002, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-20-2002 or emergency language will be repealed by operation of law on the following day. For prior history of sections 2830-2865, see Register 91, No. 46. 
3. Editorial correction implementing subsection (b) amendments contained in 7-17-2002 order and correcting History 2 (Register 2002, No. 47).
4. Renumbering and amendment of former subchapter 8, article 3 (section 2690) to subchapter 11.5, article 1 (section 2850) refiled 11-18-2002 as an emergency; operative 11-20-2002 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-2003 or emergency language will be repealed by operation of law on the following day. For prior history of sections 2830-2865, see Register 91, No. 46. 
5. Certificate of Compliance as to 11-18-2002 order transmitted to OAL 2-20-2003 and filed 4-1-2003 (Register 2003, No. 14).
6. Amendment of subsection (b) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
7. Amendment of subchapter heading and repealer and new section, including new shipping report and quality incentive payment claim forms, filed 6-21-2007 as an emergency; operative 6-21-2007. This regulatory action meets the emergency standard and is mandated to remain in effect until revised by the Director of the Department of Conservation pursuant to Public Resources Code section 14536(b)(2) (Register 2007, No. 25).

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Subchapter 11.8. Plastic Market Development Payments
Article 1. General Requirements
§2880. Plastic Market Development Payments.
Note     •     History

(a) The Department shall make Plastic Market Development Payments to both the certified entity actually washing and producing the flake, pellet or other form, and the plastic product manufacturer who uses this material to manufacture a plastic product in this state.
(b) Certified entities and product manufacturers shall each submit a Plastic Market Development Payment Claim Form (PMD 2 (03/07)) to the Department for each calendar quarter in which the payment is being claimed.
(1) Each Plastic Market Development Payment Claim Form (PMD 2 (03/07)) received from the certified entity must include all of the following information and attachments:
(A) The quarter and the year for which the claim is submitted.
(B) The facility name, mailing address, phone number, contact person and certification number of the certified entity submitting a claim.
(C) The type of plastic material and the form of the plastic material being sold by the certified entity.
(D) The weight of the material to tenths of tons of empty plastic beverage container material shipped by the certified entity.
(E) The following documents must be attached:
(i) Copies of the invoices or other supporting documents from the certified entity to the plastic product manufacturer(s) containing a description of the plastic material sold or transferred and the weight of the material sold or transferred.
(ii) The name, California mailing address, contact person, telephone number, and identification number of each plastic product manufacturer purchasing the empty plastic beverage container material for use in California manufacturing.
(F) The signature and title of an authorized representative of the certified entity.
(G) The date the form was signed by the authorized representative under penalty of perjury.
(2) Each Plastic Market Development Payment Claim Form (PMD 2 (03/07)) received from the plastic product manufacturer must include all of the following information and attachments:
(A) The quarter and year for which the claim is submitted.
(B) The facility name, mailing address, contact person, telephone number, and identification number of the product manufacturer submitting the claim.
(C) The type of plastic material and the form of the plastic material purchased from the certified entity.
(D) The weight to tenths of tons of empty plastic beverage container material received by the product manufacturer from certified entities.
(E) The plastic product manufacturer must attach copies of the bill of sale(s) or invoice(s) indicating the weight of the plastic beverage container material purchased from a certified entity, or other supporting documents. The bill of sale or other supporting documents must include the name of the seller and the certification number.
(F) The signature and title of an authorized representative of the product manufacturer; and
(G) The date the form was signed by the authorized representative under penalty of perjury.
(c) Prior to submitting a Plastic Market Development Payment Claim Form (PMD 2 (03/07)), the product manufacturer must obtain an identification number from the Department by completing a Plastic Market Development Payment Identification Number Application (PMD 1 (03/07)). The identification number application must include the facility name, mailing address, facility address (if different), telephone number, contact person, type of organization, type of plastic materials used in manufacturing, the plastic products produced in California, signature and title of an authorized representative and the date.
(d) To be eligible for payment, the Plastic Market Development Claim Form (PMD 2 (03/07)), must be postmarked no later than the tenth day of the second month following the reporting quarter. Claims postmarked after this date or incomplete claims may be denied payment.
(e) For the purpose of Section 14549.2 of the Act and these regulations, “plastic product” is defined as a good or package in a form which requires no further processing or forming before it is offered for sale.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14549.2, Public Resources Code.
HISTORY

1. New subchapter 11.8 (article 1), article 1 (section 2880), section and Forms PMD 1 and PMD 2 filed 6-8-2007 as an emergency; operative 6-8-2007 (Register 2007, No. 23). This regulatory action was deemed to meet the emergency standard and mandated to remain in effect until revised by the director of the Department pursuant to Public Resources Code section 14536(b)(2).

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Subchapter 12. DOR Requirements
Article 1. DOR Determinations  and Calculations
§2900. Determinations.
Note     •     History

The Division shall make, and give notice of, the following determinations. For purposes of this section, notice shall be deemed complete upon the date of the postmark or date of deposit in the U.S. mail, whichever is earlier. Notices shall be mailed to the last known address of the intended recipient.
(a) Statistics.
(1) Determination. The Division shall determine the following statistics:
(A) Containers per pound. The average number of empty beverage containers per pound, by material type. This number is used to calculate the quantity of beverage containers for certain records, reports, and payments required pursuant to this chapter.
(B) Commingled rate. The average percentage of empty beverage containers in a commingled load of containers, by material type. The Division may determine more than one commingled rate. The Division shall also determine the geographic area within which each commingled rate shall apply. This rate shall be used to calculate the quantity of empty beverage containers for certain records, reports, and payments required pursuant to this chapter.
(2) Notice. Except for the initial determination of the above statistics after which the Division shall provide notice of not less than 10 days prior to their effective date or dates, the Division shall provide notice of the initial determination and any changes to the above statistics no less than 30 days prior to their effective date or dates, as follows:
(A) Recipients. Notice of any such determination shall be provided to persons certified pursuant to subchapter 2 of these regulations, and to any persons requesting such notice in writing.
(B) Contents. The notice shall state the relevant statistics themselves and their effective date.
(b) Notice of redemption payment or refund value. The Division shall provide notice of any change pursuant to section 14560 of the Act to the redemption payment or refund value per container, by material type, as follows.
(1) Timing: Notice shall be given no less than 30 days prior to the effective date of the change.
(2) Recipients: Notice shall be mailed to the last known addresses of the following parties:
(A) Persons certified pursuant to subchapter 2 of these regulations.
(B) Distributors having submitted a report to the Division within the previous 6 months.
(C) Persons requesting such notice in writing.
(3) Contents: The notice shall state the changed redemption payment and/or refund value by material type, and its effective date.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14551, 14553, 14560 and 14581, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2750 to section 2900 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2920. Containers Per Pound Rate.
Note     •     History

The method used to calculate the average number of empty beverage containers per pound, by material type, shall include sampling procedures which consider, at a minimum, the following factors:
(a) Weight by separately aggregated size categories of containers (same size) in their original manufactured and unfilled state.
(b) Weight by variously mixed aggregated size of containers (different sizes) in their original manufactured and unfilled state.
(c) Weight by separately aggregated size categories of containers (same size) in their post-filled state.
(d) Weight by variously mixed aggregated size of containers (different sizes) in their post-filled state.
(e) Weight by individually mixed aggregated size of container loads in their post-filled state as presented by consumers at recycling centers (selected statewide on a random basis).
(f) Volume of sales at wholesale and retail levels in various regions of the state.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14552 and 14572, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2760 to section 2920 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2930. Commingled Rate.
Note     •     History

The method used to calculate the commingled rate per pound, by material type, shall include sampling procedures which consider, at a minimum, the following factors:
(a) Weight and analysis of randomly mixed pre-filled empty beverage containers and other pre-filled containers of the same size in the original manufactured and unfilled state.
(b) Weight and analysis of individual loads of empty beverage containers and other containers in their post-filled state as presented by consumers at recycling centers (selected statewide on a random basis), excluding reverse vending machines.
(c) Weight and analysis of loads of empty beverage containers and other containers in their post-filled state redeemed or returned by consumers to reverse vending machines (selected statewide on a random basis).
(d) Weight and analysis of loads presented to processors by curbside programs, community service programs and dropoff or collection programs.
NOTE

Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14506.7, 14549.5, 14552 and 14572, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2770 to section 2930 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 
2. Amendment of subsection (c) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
3. Amendment of subsection (c) filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40). 
4. New subsection (a)(6) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
5. Amendment of subsection (b), new subsection (c), subsection relettering and amendment of Note filed 4-28-2003; operative 5-28-2003 (Register 2003, No. 18).
Article 2. Processing Fees and Processing Payments
§2945. Confidentiality of Information.
Note     •     History

(a) The Division shall disclose only aggregated survey information for three or more firms to the public.
(b) Individual recycling center, processor, or scrap purchaser survey data exempt from public disclosure includes: trade secrets; financial statements; investment data; proprietary information relating to specific sales, purchases, revenues or expenses; or other information as permitted by section 6255 of the Public Records Act (Government Code section 6255).
(c) Upon receipt of a written request for records pertaining to information obtained by the Division pursuant to this chapter, the Division shall determine whether the requested information may be exempt from disclosure. The Division shall notify the requesting party of its determination within 10 days of the receipt of the written request as required by the Public Records Act (Government Code section 6256). If the Division determines that the information is not exempt from disclosure, it shall promptly provide it to the requesting party in accordance with the procedures of the Public Records Act.
NOTE

Authority cited: Section 14530.5(b) and (c), Public Resources Code. Reference: Sections 14518.5, 14551(b) and 14575(a), (b) and (d), Public Resources Code; and Sections 6250-6267, Government Code.
HISTORY

1. Renumbering and amendment of former section 2810 to section 2945 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Change without regulatory effect amending article heading filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
§2950. Eligibility.
Note     •     History

(a) Programs and operations eligible to receive processing payments include:
(1) recycling centers certified pursuant to these regulations,
(2) curbside programs which hold a valid identification number issued by the Division,
(3) dropoff or collection programs certified pursuant to these regulations,
(4) community service programs certified pursuant to these regulations.
NOTE

Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14518.5, 14573, 14573.5, and 14575(a), (b) and (d), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2950 to section 2650, and renumbering and amendment of former section 2815 to section 2950 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. New subsection (a)(6) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
3. Amendment filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
4. Change without regulatory effect amending subsection (a) filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
§2955. Scrap Value Calculation.
Note     •     History

(a) The Division shall survey processors to determine statewide weighted average scrap values paid for each beverage container material type (in the case of plastic, for each resin code type) on a monthly basis.
(b) The Division shall calculate the statewide weighted average scrap value using a statistically significant survey of the processors pursuant to paragraph (a).
(c) The statewide weighted average scrap value shall be equal to the quotient of the total net payment by the sampled processors to nonaffiliated recyclers divided by the total volume of beverage container material types purchased by the sampled processors from nonaffiliated recyclers, excluding beverage container material types processors receive in a form mixed with other beverage container material types and/or material types not covered by the Act.
(d) The scrap values reported in (c) above will then be used to determine a per container statewide weighted average scrap value for each container type.
(e) The Division may periodically sample and review processors' individual scrap purchases to verify the accuracy of the aggregated weights and aggregated net payments reported on the monthly Scrap Value Purchases Survey Form DOR - SV (10/00). The review may include examination of the records maintained by a sample of the selling entities.
(f) If, through this review the Division determines that either or both of the sampled weights and sampled net payments reported by a processor differ by more than ten percent (.10) from those recorded by the sellers, the Division shall adjust the reported aggregate weights or aggregate net payments or both to reflect the discovered difference.
NOTE

Authority cited: Sections 14530.5(b), 14536 and 14536.1, Public Resources Code. Reference: Sections 14504, 14515.5, 14518.5, 14519.5, 14526, 14538(b)(8), 14539(a)(9), 14575 and 18015, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2955 to section 2655, and renumbering and amendment of former sections 2820 and 2825 to section 2955 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Repealer of subsection (a) and subsection relettering, amendment of newly designated subsections (a)-(d), new subsections (e) and (f), and new Form DC DOR 12-92 filed 12-30-92 as an emergency; operative 12-30-92 (Register 93, No. 1). A Certificate of Compliance must be transmitted to OAL 4-29-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-30-92 order including amendments transmitted to OAL 6-18-93 and filed 7-28-93 (Register 93, No. 31).
4. Amendment of subsection (c) filed 1-3-94 as an emergency pursuant to Public Resources Code section 14581.5(e)(2); operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 7-2-94 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (c) refiled 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-26-94 order transmitted to OAL 8-22-94 with amendment of subsections (c) and (e) and filed 9-28-94 (Register 94, No. 39).
7. Amendment of subsections (a)  and (e), Note and forms filed 2-27-95 as an emergency; operative 2-27-95. A Certificate of Compliance must be transmitted to OAL by 8-26-95 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsections (a)-(b), (e) and Note refiled 8-14-95 as an emergency; operative 8-26-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-22-96 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsections (a), (c), (e) and Note filed 12-22-95 as an emergency pursuant to Public Resources Code section 14536.1; operative 1-1-96 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 7-1-96 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of History 9 (Register 96, No. 10).
11. Amendment of subsections (a), (c), (e) and Note refiled 6-26-96 as an emergency pursuant to Public Resources Code section 14536.1; operative 6-30-96 (Register 96, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-27-96 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 6-26-96 order, including amendment of subsection (e) and Scrap Value Survey Form, transmitted to OAL 10-22-96 and filed 12-6-96 (Register 96, No. 49).
13. New subsection (c)(1), amendment of subsection (e), new form DOR 6/98 1, and repealer and new form DOR 7/95 2 filed 7-24-98 as an emergency; operative 7-24-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 1-22-99 pursuant to Public Resources Code section 14536.1 or emergency language will be repealed by operation of law on the following day.
14. Editorial correction of History 13 (Register 98, No. 43).
15. Reinstatement of section as it existed prior to 7-24-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 99, No. 13).
16. Amendment of section and Note, and new form DOR 7/95 2 (Rev. 7/98) filed 4-12-99 as an emergency; operative 4-12-99 (Register 99, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-9-99 pursuant to Public Resources Code section 14536.1 or emergency language will be repealed by operation of law on the following day.
17. Strikeout version of DOR 7/95 2 (Rev. 11/95), and a copy of DOR 6/98 2 (Rev. 11/98) filed with the Secretary of State 4-19-99 (Register 99, No. 17).
18. Reinstatement of section as it existed prior to 4-12-99 action by operation of Government Code section 11346.1(f) (Register 99, No. 43).
19. Amendment of subsections (a), (c) and (e), amendment of Note, repealer of form DOR 7/95 2, and new form DOR-SV (10/99) filed 12-21-99 as an emergency; operative 1-1-2000 (Register 99, No. 52). Pursuant to Public Resources Code section 14536.1 a Certificate of Compliance must be transmitted to OAL by 6-29-2000 or emergency language will be repealed by operation of law on the following day.
20. Editorial correction of History 19 (Register 2000, No. 27).
21. Reinstatement of section as it existed prior to 12-21-99 emergency amendment pursuant to Government Code section 11346.1(f) (Register 2000, No. 27).
22. Amendment of subsections (a), (c) and (e), amendment of Note, repealer of form DOR 7/95 2, and new form DOR-SV (10/99) filed 7-5-2000 as an emergency; operative 7-5-2000 (Register 2000, No. 27). Pursuant to Public Resources Code section 14536.1 a Certificate of Compliance must be transmitted to OAL by 1-2-2001 or emergency language will be repealed by operation of law on the following day.
23. Certificate of Compliance as to 7-5-2000 order, including further amendment of subsections (a), (c) and (e) and revised form DOR-SV (10/00), transmitted to OAL 12-19-2000 and filed 1-30-2001 (Register 2001, No. 5). 

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§2960. Allowable Costs for Recycling Centers.
Note     •     History

(a) On and after January 1, 2004, and every second year thereafter, the Division shall survey a statistical sample of recycling centers to determine statewide average allowable costs per container type.
(b) Allowable costs for calculation of the processing fee and processing payment shall include the actual costs of receiving, handling, processing, and storing and transporting postfilled beverage containers. Allowable costs also include maintaining equipment necessary for the above activities. More specifically these costs shall include, but not be limited to:
(1) labor,
(2) property taxes,
(3) depreciation,
(4) utilities,
(5) supplies,
(6) fuel,
(7) insurance,
(8) interest,
(9) general business overhead exclusive of administrative costs,
(10) facilities and equipment rent or lease,
(11) maintenance,
(12) transportation,
(13) disposal costs.
(c) The scrap price paid to the consumer by the recycling center shall not be included in allowable costs.
NOTE

Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14518.5, 14526, 14573.5 and 14575(a), (b), (c) and (k), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2830 to section 2960 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (a) and Note filed 7-28-93; operative 7-28-93 (Register 93, No. 31).
3. Editorial correction of History 2 (Registrar 95, No. 52).
4. Change without regulatory effect amending subsection (b) and Note filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
5. Change without regulatory effect amending subsection (a) and adding new subsection (b)(13) filed 2-15-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 7).
6. Change without regulatory effect amending subsection (a) filed 4-13-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 15).
§2965. Allowable Costs for Processors.
Note     •     History

(a) Allowable costs for calculation of the processing fee shall include the actual costs of receiving, handling, processing, storing, and maintaining equipment, necessary for accepting, canceling, and readying postfilled beverage containers prior to shipment to scrap purchasers. More specifically, these costs shall include, but not be limited to:
(1) labor,
(2) property taxes,
(3) depreciation,
(4) utilities,
(5) supplies,
(6) fuel,
(7) insurance,
(8) interest,
(9) general business overhead exclusive of administrative costs,
(10) facilities and equipment rent or lease,
(11) maintenance,
(12) disposal costs pursuant to (c) below,
(13) transportation.
(b) The scrap price paid to recycling centers by processors shall not be included in allowable costs.
(c) The Division shall calculate a statewide average disposal cost per container for each beverage container type if the scrap value of a container type is negative as determined in section 2955(c) of these regulations.
(1) When 200% of the disposal cost is less than the absolute value of scrap value pursuant to section 2955 of these regulations, the Division shall use disposal cost, not scrap value, in the calculation of processing fees and processing payments.
(2) When 200% of the disposal cost is greater than or equal to the absolute value of scrap value pursuant to section 2955 of these regulations, the Division shall use only scrap value in the calculation of processing fees and processing payments.
(3) If the scrap price is zero, the Division shall use disposal cost, not scrap value in the calculation of processing fees and processing payments.
NOTE

Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14501(d) and (h), 14518.5, 14526, 14573.5 and 14575(a), (b), (c) and (k), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2835 to section 2965 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (a) and Note filed 7-28-93; operative 7-28-93 (Register 93, No. 31).
3. Amendment of subsection (a), repealer of subsection (a)(9) and subsection redesignation, and amendment of subsections (d)-(d)(2) filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40). 
4. Change without regulatory effect amending subsections (d)(1)-(d)(3) and Note filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
5. Change without regulatory effect repealing subsection (a), relettering subsections, and amending newly designated subsection (a)(12) filed 2-15-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 7).
6. Editorial correction of History 2 (Register 2005, No. 15).
§2970. Allocation of Allowable Costs.
Note     •     History

(a) The Division shall determine allowable costs per container pursuant to sections 2960 and 2965 of this subchapter that can be directly allocated to each beverage container type. (For example: depreciation and labor expenses for operating an aluminum can crusher shall be directly allocated to the allowable costs of aluminum beverage containers.)
(b) Allowable costs pursuant to sections 2960 and 2965 of this subchapter that cannot be directly allocated shall be allocated using the direct labor cost percentages for each container type as determined in the allowable cost surveys pursuant to sections 2960 and 2965 of this subchapter.
NOTE

Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14518.5 and 14575(a) and (b), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2840 to section 2970 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
§2975. Reasonable Financial Return Calculation.
Note     •     History

The statewide average reasonable financial return for recycling centers shall be equal to the statewide average allowable costs calculated in section 2960 of this subchapter, multiplied by the average return on costs for the scrap and waste materials industry as determined from data contained in the most recent Dun and Bradstreet Standard Three Year Norm Report (Published by Dun and Bradstreet Credit Services).
NOTE

Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14501(f) and (g), 14518.5 and 14575(a) and (b), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2845 to section 2975 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Change without regulatory effect repealing subsection (a) designator and repealing subsection (b) filed 2-15-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 7).
§2976. Consumer Price Index.
Note     •     History

NOTE

Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14501(f) and (g), 14518.5 and 14575(a) and (b), Public Resources Code.
HISTORY

1. New section filed 7-28-93; operative 7-28-93 (Register 93, No. 31).
2. Amendment filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
3. Change without regulatory effect repealing section filed 2-15-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 7).
§2980. Processing Payments.
Note     •     History

On and after January 1, 2000, the processor shall pay the operators of curbside programs, dropoff or collection programs, community service programs, and certified recycling centers, the entirety of the processing payment multiplied by the number of containers accepted from the operator by the processor.
NOTE

Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14518.5, 14573.5 and 14575(a), (b) and (h)(3), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2850 to section 2980 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Repealer of subsection (a) and subsection relettering, amendment of newly designated subsection (a), and amendment of Note filed 12-30-92 as an emergency; operative 12-30-92 (Register 93, No. 1). A Certificate of Compliance must be transmitted to OAL 4-29-93 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Certificate of Compliance as to 12-30-92 order including amendment of subsection (a) and new subsections (b)-(c) transmitted to OAL 6-18-93 and filed 7-28-93 (Register 93, No. 31).
5. Amendment of subsections (a)  and  (c) filed 10-7-94; operative 10-7-94  pursuant to Government Code section 11346.2(d) (Register 94, No. 40). 
6. Change without regulatory effect amending section heading and subsections (a) and (c) filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
7. Amendment filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
8. Change without regulatory effect repealing subsection (a) designator, amending text of former subsection (a), and repealing subsections (b)-(c) filed 2-15-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 7).
§2981. Calculation Of Reduced Processing Fee Payments.
Note     •     History

NOTE

Authority cited: Sections 14530.5(b), 14581.5(e)(2) & (g), Public Resources Code. References cited: Sections 14575 and 14581.5, Public Resources Code.
HISTORY

1. New section filed 1-23-92 as an emergency; operative 1-23-92 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 8-22-92 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 22).
§2985. Notification of Changes.
Note     •     History

(a) When the Division adopts a revised, terminated or newly established processing fee and processing payment pursuant to Public Resources Code section 14575, the Division shall mail written notification within fifteen (15) days of adoption, and at least 15 days prior to the effective date of the proposed action(s), to all interested persons.
(b) The Division shall mail written notification to certified processors, who participated in the scrap value survey, of the average monthly scrap value for each container material type pursuant to Section 2955 of the regulations. This notification will be sent within sixty (60) days of the end of the reporting month.
NOTE

Authority cited: Section 14530.5(b) and (c), Public Resources Code. Reference: Sections 14518.5 and 14575(a), (b) and (f)(1), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 2865 to section 2985 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (a) and amendment of Note filed 12-30-92 as an emergency; operative 12-30-92 (Register 93, No. 1). A Certificate of Compliance must be transmitted to OAL 4-29-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-30-92 order including amendment of subsection (a) transmitted to OAL 6-18-93 and filed 7-28-93 (Register 93, No. 31).
4. New subsection (b) filed 11-30-94; operative 11-30-94 pursuant to Government Code section 1346.2(d) (Register 94, No. 48).
5. Change without regulatory effect amending subsection (a) filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
Article 3. Handling Fee Payments
§2990. Allowable Costs for Handling Fee Recycling Centers.
Note     •     History

(a) On or before January 1, 2008, and every second year thereafter, the Division shall survey a statistical sample of recycling centers receiving handling fees to determine the average allowable costs per empty beverage container redeemed.
(b) Allowable costs for calculation of the handling fee shall include the actual costs of receiving, handling, processing, and storing and transporting postfilled beverage containers. Allowable costs also include maintaining equipment necessary for the above activities. More specifically these costs shall include, but not be limited to:
(1) labor,
(2) property taxes,
(3) depreciation,
(4) utilities,
(5) supplies,
(6) fuel,
(7) insurance,
(8) interest,
(9) general business overhead exclusive of administrative costs,
(10) facilities and equipment rent or lease,
(11) maintenance,
(12) transportation,
(13) disposal costs.
(c) The scrap price paid to the consumer by the recycling center shall not be included in allowable costs.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14513.4, 14526.6, 14581 and 14585, Public Resources Code.
HISTORY

1. New article 3 (sections 2990-2997) and section filed 2-5-2007 as an emergency pursuant to Public Resources Code section 14536(b); operative 2-5-2007 (Register 2007, No. 6). Pursuant to Public Resources Code section 14536(b)(2), the new section remains in effect until revised by the director of the Department of Conservation.
2. Certificate of Compliance as to 2-5-2007 order transmitted to OAL 11-21-2007 and filed 12-26-2007 (Register 2007, No. 52).
§2995. Allocation of Allowable Costs for Handling Fee Sites.
Note     •     History

(a) The Division shall determine allowable costs per container pursuant to section 2990 of this subchapter that can be directly allocated to each beverage container type. (For example: depreciation and labor expenses for operating an aluminum can crusher shall be directly allocated to the allowable costs of aluminum beverage containers.)
(b) Allowable costs pursuant to section 2990 of this subchapter that cannot be directly allocated shall be allocated using the direct labor cost percentages for each container type as determined in the allowable handling fee cost surveys pursuant to section 2990 of this subchapter.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14513.4, 14526.6, 14581 and 14585, Public Resources Code.
HISTORY

1. New section filed 2-5-2007 as an emergency pursuant to Public Resources Code section 14536(b); operative 2-5-2007 (Register 2007, No. 6). Pursuant to Public Resources Code section 14536(b)(2), the new section remains in effect until revised by the director of the Department of Conservation.
2. Certificate of Compliance as to 2-5-2007 order transmitted to OAL 11-21-2007 and filed 12-26-2007 (Register 2007, No. 52).
§2997. Notification of Handling Fee Changes.
Note     •     History

When the Division adopts a revised, terminated or newly established handling fee pursuant to Public Resources Code Section 14585, the Division shall provide written notification within fifteen (15) days of adoption, and at least fifteen (15) days prior to the effective date of the proposed action(s), to all interested persons.
NOTE

Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14513.4, 14526.6, 14581 and 14585, Public Resources Code.
HISTORY

1. New section filed 2-5-2007 as an emergency pursuant to Public Resources Code section 14536(b); operative 2-5-2007 (Register 2007, No. 6). Pursuant to Public Resources Code section 14536(b)(2), the new section remains in effect until revised by the director of the Department of Conservation.
2. Certificate of Compliance as to 2-5-2007 order transmitted to OAL 11-21-2007 and filed 12-26-2007 (Register 2007, No. 52).
Chapter 6. Office of Land Conservation
HISTORY

1. Repealer of Chapter 6, Subchapters 1 and 2 (Sections 2000-3105, not consecutive) filed 3-29-77 as an emergency; effective upon filing (Register 77, No. 14). For prior history, see Registers 56, No. 20 and 59, No. 20.
§3000. Definitions.
Note     •     History

All terms used in these regulations shall have the same meaning as provided in Public Resources Code sections 10210 through 10223.
NOTE

Authority cited: Section 10240(b), Public Resources Code. Reference: Sections 10200-10277, Public Resources Code.
HISTORY

1. New chapter 6 (sections 3000-3015) and section filed 5-9-97 as an emergency; operative 5-9-97 (Register 97, No. 19). A Certificate of Compliance  must be transmitted to OAL by 9-8-97 or emergency language will be repealed by operation of law on the following day.
2. New chapter 6 (sections 3000-3015) and section repealed by operation of Government Code section 11346.1(g) (Register 97, No. 44).
3. New chapter 6 (sections 3000-3015) and section filed 10-30-97; operative 10-30-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 44).
§3010. Eligibility.
Note     •     History

A real estate appraisal pursuant to Public Resources Code section 10260 must be completed prior to acting upon any grant application under the Agricultural Land Stewardship Program (ALSP) involving the acquisition of interests in real property. The cost of the appraisal is to be borne by the applicant. However, if the applicant is successful in obtaining a grant, the cost of the appraisal shall be considered a direct cost pursuant to Public Resources Code section 10231 and may be reimbursed at the discretion of the Director, based upon the fiscal considerations of a specific project.
NOTE

Authority cited: Section 10240(b), Public Resources Code. Reference: Section 10231, Public Resources Code.
HISTORY

1. New section filed 5-9-97 as an emergency; operative 5-9-97 (Register 97, No. 19). A Certificate of Compliance  must be transmitted to OAL by 9-8-97 or emergency language will be repealed by operation of law on the following day.
2. New section repealed by operation of Government Code section 11346.1(g) (Register 97, No. 44).
3. New section filed 10-30-97; operative 10-30-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 44).
§3011. Local Government Support for Agricultural Land Conservation.
Note     •     History

In meeting the requirement of Public Resources Code section 10244, a local government shall include a summary of any specific actions taken in support of its stated goals and objectives for agricultural land conservation, including but not limited to specific planning and zoning decisions that have been taken that demonstrate this commitment.
NOTE

Authority cited: Section 10240(b), Public Resources Code. Reference: Section 10244, Public Resources Code.
HISTORY

1. New section filed 5-9-97 as an emergency; operative 5-9-97 (Register 97, No. 19). A Certificate of Compliance  must be transmitted to OAL by 9-8-97 or emergency language will be repealed by operation of law on the following day.
2. New section repealed by operation of Government Code section 11346.1(g) (Register 97, No. 44).
3. New section filed 10-30-97; operative 10-30-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 44).
§3012. Potential Easement Impacts upon Neighboring Lands.
Note     •     History

In considering the selection criteria for ALSP applicants, information providing evidence that, by acquisition of an agricultural conservation easement for a given parcel or parcels, long term conservation of neighboring lands through any combination of geographic, zoning, or other considerations can logically be expected without incurring costs of additional easement acquisitions, will be considered pursuant to Public Resources Code section 10252(l).
NOTE

Authority cited: Section 10240(b), Public Resources Code. Reference: Section 10252(l), Public Resources Code.
HISTORY

1. New section filed 5-9-97 as an emergency; operative 5-9-97 (Register 97, No. 19). A Certificate of Compliance  must be transmitted to OAL by 9-8-97 or emergency language will be repealed by operation of law on the following day.
2. New section repealed by operation of Government Code section 11346.1(g) (Register 97, No. 44).
3. New section filed 10-30-97; operative 10-30-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 44).
§3013. Temporary Purchase of Fee Interests.
Note     •     History

An applicant for funding of a temporary purchase of a fee interest in anticipation of creating an agricultural conservation easement pursuant to Public Resources Code section 10239 shall satisfy the criteria otherwise applicable to easements as provided in this chapter as well as the Agricultural Lands Stewardship Program Act of 1995.
NOTE

Authority cited: Section 10240(b), Public Resources Code. Reference: Sections 10239, 10251 and 10252, Public Resources Code.
HISTORY

1. New section filed 5-9-97 as an emergency; operative 5-9-97 (Register 97, No. 19). A Certificate of Compliance  must be transmitted to OAL by 9-8-97 or emergency language will be repealed by operation of law on the following day.
2. New section repealed by operation of Government Code section 11346.1(g) (Register 97, No. 44).
3. New section filed 10-30-97; operative 10-30-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 44).
§3014. Easement Enforcement.
Note     •     History

Agricultural conservation easements funded through this program shall provide that in the event the holder of the easement fails to enforce any of the terms of the easement, as determined in the sole discretion of the Director of the Department, the Director of the Department and his or her successors and assigns shall have the right to enforce the terms of the easement, including limits on significant impairment of agricultural productivity and multiple uses created by incidental activities as specified in Public Resources Code section 10262. Multiple uses shall be those as defined in Public Resources Code section 10252(b).
NOTE

Authority cited: Section 10240(b), Public Resources Code. Reference: Section 10262, Public Resources Code.
HISTORY

1. New section filed 5-9-97 as an emergency; operative 5-9-97 (Register 97, No. 19). A Certificate of Compliance  must be transmitted to OAL by 9-8-97 or emergency language will be repealed by operation of law on the following day.
2. New section repealed by operation of Government Code section 11346.1(g) (Register 97, No. 44).
3. New section filed 10-30-97; operative 10-30-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 44).
§3015. Easement Transfer.
Note     •     History

Agricultural conservation easements funded through this program shall provide that in the event that a local government or nonprofit organization holding an easement that was acquired with the use of ALSP funds is dissolved, the Department shall identify and select an appropriate public or private entity to whom the easement shall be transferred pursuant to Public Resources Code section 10235(b). In cases where the easement was acquired utilizing ALSP funds as well as funds from other sources, the Department shall work with the other contributing sources to identify and select an appropriate entity to whom the easement shall be transferred.
NOTE

Authority cited: Section 10240(b), Public Resources Code. Reference: Section 10235(b), Public Resources Code.
HISTORY

1. New section filed 5-9-97 as an emergency; operative 5-9-97 (Register 97, No. 19). A Certificate of Compliance  must be transmitted to OAL by 9-8-97 or emergency language will be repealed by operation of law on the following day.
2. New section repealed by operation of Government Code section 11346.1(g) (Register 97, No. 44).
3. New section filed 10-30-97; operative 10-30-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 44).
Chapter 8. Mining and Geology
Subchapter 1. State Mining and Geology Board
Article 1. Surface Mining and Reclamation Practice
§3500. Purpose.
Note     •     History

It is the purpose of this subchapter to establish state policy for the reclamation of mined lands and the conduct of surface mining operations in accord with the general provisions set forth in Public Resources Code, Division 2, Chapter 9, Section 2710 et seq. (Surface Mining and Reclamation Act of 1975, as amended by Statutes of 1980).
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2710-2795, Public Resources Code.
HISTORY

1. New Chapter 8, Subchapter 1 (Sections 3500-3508, not consecutive, and Appendices A, B and C) filed 3-29-77; effective thirtieth day thereafter (Register 77, No. 14).
2. Amendment of NOTE filed 8-10-82; effective thirtieth day thereafter (Register 82, No. 33).
3. Repealer and new section filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).
§3501. Definitions.
Note     •     History

The following definitions as used herein shall govern the interpretation of these regulations:
Agricultural Activity. The cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural commodity, the raising of livestock or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with those farming operations, including preparation of these products for market.
Angle of Repose. The maximum angle of slope (measured from horizontal plane) at which loose cohesionless material will come to rest on a pile of similar material.
Backfill. Earth, overburden, mine waste or imported material used to replace material removed during mining.
Borrow Pits. Excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.
Critical Gradient. The maximum stable inclination of an unsupported slope under the most adverse conditions that it will likely experience, as determined by current engineering technology.
Excavations for On-Site Construction. Earth material moving activities that are required to prepare a site for construction of structures, landscaping, or other land improvements (such as excavation, grading, compaction, and the creation of fills and embankments), or that in and of themselves constitute engineered works (such as dams, road cuts, fills, and catchment basins).
Grading. To bring an existing surface to a designed form by cutting, filling, and/or smoothing operations.
Minerals. Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.
Person. Any individual, firm, association, corporation, organization, or partnership, or any city, county, district, or the state or any department or agency thereof.
Reclamation Plan. The applicant's (operator's) completed and approved plan for reclaiming the lands affected by his surface mining operations conducted after January 1, 1976, as called for in Section 2772 of the Act.
Resoiling. The process of artificially building or reconstructing a soil profile.
Stream Bed Skimming. Excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.
Surface Mining Operations. In addition to the provisions of Section 2735 of the Act, borrow pitting, streambed skimming, segregation and stockpiling of mined materials (and recovery of same) are deemed to be surface mining operations unless specifically excluded under Section 2714 of the Act or Section 3505 of these regulations.
Topsoil. The upper part of the soil profile that is relatively rich in humus, which is technically known as the A-horizon of the soil profile.
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2726-2735, Public Resources Code.
HISTORY

1. Repealer of former Section 3501, and renumbering and amendment of former Section 3502 to Section 3501 filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18). For prior history, see Registers 82, No. 33 and 79, No. 35.
2. Change without regulatory effect deleting definition of “Intermittent Operation” filed 1-10-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 2).
3. Amendment adding definition of “Agricultural Activity” filed 9-18-97; operative 10-18-97 (Register 97, No. 38).
4. Change without regulatory effect repealing definition of ``Temporarily Deactivated Operation” filed 3-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 13).
§3502. The Reclamation Plan.
Note     •     History

(a) Objectives. Reclamation plans shall be developed to attain the objectives of Public Resources Code Section 2712(a)-(c).
(b) Reclamation Plan Elements. In addition to the information required by Public Resources Code Section 2772, the following elements shall be included in the reclamation plan:
(1) The environmental setting of the site of operations and the effect that possible alternate reclaimed site conditions may have upon the existing and future uses of surrounding lands.
(2) The public health and safety, giving consideration to the degree and type of present and probable future exposure of the public to the site.
(3) The designed steepness and proposed treatment of the mined lands' final slopes shall take into consideration the physical properties of the slope material, its probable maximum water content, landscaping requirements, and other factors. In all cases, reclamation plans shall specify slope angles flatter than the critical gradient for the type of material involved. Whenever final slopes approach the critical gradient for the type of material involved, regulatory agencies shall require an engineering analysis of the slope stability. Special emphasis on slope stability and design shall be necessary when public safety or adjacent property may be affected.
(4) Areas mined to produce additional materials for backfilling and grading, as well as settlement of filled areas, shall be considered in the reclamation plan. Where ultimate site uses include roads, building sites, or other improvements sensitive to settlement, the reclamation plans shall include compaction of the fill materials in conformance with good engineering practice.
(5) Disposition of old equipment.
(6) Temporary stream or watershed diversions.
(c) Adequacy. In judging the adequacy of a particular reclamation plan in meeting the requirements described herein and within the Act, the lead agency shall consider the physical and land-use characteristics of the mined lands and their surrounding area pursuant to Public Resources Code Section 2773.
(d) Each surface mining operation as defined in Public Resources Code Section 2735 and Title 14 California Code of Regulations Section 3501, shall have no more than one approved reclamation plan applicable to that operation except as described in subsection (i) to this section. An amended reclamation plan shall be approved by the lead agency prior to the commencement of activities determined to be a substantial deviation from the approved plan. For purposes of the Surface Mining and Reclamation Act of 1975 and regulations adopted pursuant thereto, a substantial deviation shall be defined as a change or expansion to a surface mining operation that substantially affects the completion of the previously approved reclamation plan, or that changes the end use of the approved plan to the extent that the scope of the reclamation required for the surface mining operation is substantially changed. In determining whether a change or expansion constitutes a substantial deviation, the lead agency shall take into consideration the following factors:
(1) A substantial increase in the disturbance of a surface area or in the maximum depth of mining;
(2) A substantial extension of the termination date of the mining operation as set out in the approved reclamation plan;
(3) Changes that would substantially affect the approved end use of the site as established in the reclamation plan;
(4) The consistency of any proposed change to the operation with the previously adopted environmental determinations.
(5) Any other changes that the lead agency deems substantial deviations as defined in this subsection.
(e) An amended reclamation plan shall be filed if the lead agency determines, after an inspection, that the surface mining operation can no longer be reclaimed in accordance with its approved reclamation plan. Such amended plan shall incorporate current reclamation standards as described in Chapter 9 (commencing with Section 2710) and Title 14 of the California Code of Regulations commencing with Section 3700.
(f) In the event that a proposed change is determined not to be a substantial deviation from an approved reclamation plan, then current reclamation standards need only apply to the amended portion of the plan. An amendment to the originally approved reclamation plan that includes an expanded operating area shall be approved by the lead agency prior to implementation of the activities in the expansion area.
(g) Should an expansion of an operation into an area not covered by an approved reclamation plan be determined by the lead agency to be a substantial deviation, an amended reclamation plan shall be prepared that ensures adequate reclamation for the surface mining operation. The amended reclamation plan shall incorporate current reclamation standards for the entire area governed by the plan that is impacted by the deviation. If reclamation has been substantially initiated at the time that a lead agency determines that an amended reclamation plan is required, the operator may complete reclamation of those areas according to the previously approved reclamation plan, except for those areas that are or will be affected by the proposed expanded mining activities which shall be subject to the requirements of the amended reclamation plan.
(h) Where a surface mining operation has in effect an approved reclamation plan and approved financial assurance covering a surface mining operation, and the mining operator proposes to utilize a new surface area, not included within the approved reclamation plan, for purposes of creating a new and separate pit, quarry, or other excavation, the operator may, at the option of the operator do one of two things:
(1) Amend the existing reclamation plan to encompass the new area designated for use as a pit, quarry, or excavation, together with any other changes necessary to make the reclamation plan, as amended, conform to the Act and these regulations. If such an amended plan is proposed, the amended plan must conform to the current reclamation standards required by the Act and the regulations, as to the new area(s) designated as a quarry, pit or excavation, and any processing facilities, roads, sumps, drainage systems or storage or processing areas, which that new area will utilize within the previously approved reclamation plan area or within the new area. Concurrently with the approval of the amended reclamation plan to encompass the new area operations, unless such a provision already is in the existing reclamation plan, the lead agency may require an amendment to the existing reclamation plan to provide for the immediate commencement of the reclamation of any mined lands which no longer are required for mining operations.
(2) Obtain approval of a new reclamation plan covering the new area and any facilities, roads, sumps, drainage systems, or storage or processing areas, utilized in connection with operations in the new area. Any areas encompassed within such plan shall conform to the reclamation standards of the Act and these regulations that are in effect at the time the reclamation plan is approved.
(i) The following exemptions to this section shall apply:
(1) Where a single surface mining operation has separate facilities located within different lead agency jurisdictions, and where these facilities are separated by a distinct and significant physical boundary such as a major highway, stream channel, or the like, the operator may obtain separate reclamation plans and financial assurances for the facilities from the lead agencies in which those facilities are located.
(2) Those surface mining operations that have more than one reclamation plan approved on or before October 1, 2002 shall not be subject to the requirements for a single reclamation plan as described in subsection (d) of this section unless new mining operations or substantial deviations to the operation are proposed after that date that require one of the plans to be amended.
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2712(a)-(c), 2756-2757, 2770 and 2772-2773, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 3502 to Section 3501, and new Section 3502 filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18). For prior history, see Registers 82, No. 33 and 79, No. 35.
2. New subsections (d)-(i)(2) filed 10-3-2002; operative 11-2-2002 (Register 2002, No. 40).
§3503. Surface Mining and Reclamation Practice.
Note     •     History

The following are minimum acceptable practices to be followed in surface mining operations:
(a) Soil Erosion Control.
(1) The removal of vegetation and overburden, if any, in advance of surface mining shall be kept to the minimum.
(2) Stockpiles of overburden and minerals shall be managed to minimize water and wind erosion.
(3) Erosion control facilities such as retarding basins, ditches, streambank stabilization, and diking shall be constructed and maintained where necessary to control erosion.
(b) Water Quality and Watershed Control.
(1) Settling ponds or basins shall be constructed to prevent potential sedimentation of streams at operations where they will provide a significant benefit to water quality.
(2) Operations shall be conducted to substantially prevent siltation of ground-water recharge areas.
(c) Protection of Fish and Wildlife Habitat. All reasonable measures shall be taken to protect the habitat of fish and wildlife.
(d) Disposal of Mine Waste Rock and Overburden. Permanent piles or dumps of mine waste rock and overburden shall be stable and shall not restrict the natural drainage without suitable provisions for diversion.
(e) Erosion and Drainage. Grading and revegetation shall be designed to minimize erosion and to convey surface runoff to natural drainage courses or interior basins designed for water storage. Basins that will store water during periods of surface runoff shall be designed to prevent erosion of spillways when these basins have outlet to lower ground.
(f) Resoiling. When the reclamation plan calls for resoiling, coarse hard mine waste shall be leveled and covered with a layer of finer material or weathered waste. A soil layer shall then be placed on this prepared surface. Surface mines that did not salvage soil during their initial operations shall attempt, where feasible, to upgrade remaining materials. The use of soil conditioners, mulches, or imported topsoil shall be considered where revegetation is part of the reclamation plan and where such measures appear necessary. It is not justified, however, to denude adjacent areas of their soil, for any such denuded areas must in turn be reclaimed.
(g) Revegetation. When the reclamation plan calls for revegetation the available research addressing revegetation methods and the selection of species having good survival characteristics, for the topography, resoiling characteristics, and climate of the mined areas shall be used.
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2756 and 2757, Public Resources Code.
HISTORY

1. Repealer of former Section 3503, and renumbering and amendment of former Section 3504 to Section 3503 filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18). For prior history, see Register 82, No. 33.
§3503.1. Reclamation Plan Elements.
Note     •     History

NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2756, 2757, 2772 and 2773, Public Resources Code.
HISTORY

1. Repealer filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).
§3504. Administration by Lead Agency.
Note     •     History

(a) Record Keeping. The lead agency shall establish and maintain in-house measures and procedures to ensure organized record-keeping and monitoring of surface mining reclamation under its jurisdiction. The lead agency shall forward a copy of each permit and approved reclamation plan and financial assurance instrument to the director of the Department of Conservation.
(b) Financial Assurances. The lead agency shall ensure that the objectives of the reclamation plan will be attained. This may include provisions for surety bonds, irrevocable letters of credit, trust funds, or other forms of financial assurances adopted by the board in accordance with PRC § 2773.1(e), to guarantee the reclamation in accordance with the approved reclamation plan.
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2757, 2758(b), 2774(a) and 2778, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 3504 to Section 3503, and renumbering and amendment of former Section 3505 to Section 3504 filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18). For prior history, see Register 82, No. 33.
2. Change without regulatory effect amending section filed 4-3-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 14).
§3504.5. Mine Inspections Per Calendar Year.
Note     •     History

The purpose of this section is to clarify and make specific the scope, nature, and frequency of a surface mine inspection required under Public Resources Code Section 2774(b).
(a) Inspection of a surface mining operation shall be conducted not less than once each calendar year to determine if the operation is in compliance with the requirements of Public Resources Code Chapter 9, commencing with section 2710. The lead agency, or the board if the board is the lead agency, shall send written notice to the operator at least ten days prior to any inspection.
(b) A person, who in the determination of the lead agency has demonstrated competence in performing inspections of surface mining operations, shall perform inspections. Evaluation of geological and engineering conditions, when required, shall be performed by or under the supervision of a Geologist Registered to practice in the state under the Geologists and Geophysicists Act or a Professional Engineer registered to practice in the state under the Professional Engineers Act.
(c) A surface mine inspection shall not be performed by any person who holds a financial interest in or has been employed by the surface mining operation in any capacity, including as a consultant or as a contractor, during the year preceding the inspection.
(d) Annual surface mine inspections may be conducted by a specialist or a team of specialists with expertise that includes but is not limited to, geology, engineering, surveying, ecology, water chemistry and quality, and permitting. Persons participating in the inspection shall follow such reasonable requirements of the operator so that there is minimal interference with the surface mining operation and the inspection is conducted in a safe manner in accordance with all state and federal safety requirements.
(e) The operator shall be responsible for the reasonable cost of the annual inspection conducted by the lead agency or by the board if the board is the lead agency.
(f) Inspections may include, but shall not be limited to the following: the operation's horizontal and vertical dimensions; volumes of materials stored on the site; slope angles of stock piles, waste piles and quarry walls; potential geological hazards; equipment and other facilities; samples of materials; photographic or other electronic images of the operation; any measurements or observations deemed necessary by the inspector or the lead agency to ensure the operation is in compliance with Public Resources Code Chapter 9.
(g) The inspection report to the lead agency shall consist of the inspection form MRRC-1 (4/97), developed by the department and approved by the board, and any other reports or documents prepared by the inspector or inspection team. The lead agency shall provide a copy of the completed inspection report along with the lead agency's statement regarding the status of compliance of the operation to the director within 30 days of completion of the inspection. A copy of the completed inspection report and lead agency statement of compliance shall also be provided to the mine operator within 30 days of completion of the inspection.
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2774, Public Resources Code.
HISTORY

1. New section filed 4-7-2003; operative 5-7-2003 (Register 2003, No. 15).
§3505. Special Provisions.
Note     •     History

(a) Exemptions. 
(1) In addition to the provisions of Public Resources Code Section 2714(a), (c) and (d), any surface mining operation that does not involve either the removal of a total of more than 1000 cubic yards of minerals, ores, and overburden, or involve more than one acre in any one location, shall be exempt from the provisions of the Act.
(2) The purpose of this subdivision is to define the criteria of a “flood control facility,” the clean-out of which is exempt from the requirements of the Surface Mining and Reclamation Act of 1975 under PRC Section 2714(a) and (b). It is intended that cleaning out of a previously engineered, constructed facility for which approved design plans exist is an activity to restore the usefulness of that flood control facility to its original design purpose. It is not the intent of this subsection to exempt the removal of materials from natural channels.
The removal of post-construction accumulated materials from a responsible public agency-approved, managed, engineered, constructed facility intended for the purpose of water retention or detention, debris retention, or from a flood water conveyance, where the post-extraction condition, capacity or grade of the facility or conveyance does not exceed the as-built approved design specification contained in the approved documents for the facility or conveyance, shall be exempt from the provisions of the Act.
(3) The excavation, grading, or transportation of mineral materials, including overburden, exclusive of commercial surface mining activities as defined in Public Resources Code Section 2714(d), that is wholly integral and necessary to the conduct of agricultural activities either on-site or on non-contiguous parcels, shall meet the requirements of Public Resources Code Section 2714(a) for farming excavations or grading. This exemption does not apply to the exportation of mineral materials, including overburden, from the property that is in excess of 1,000 cubic yards for commercial purposes.
(b) Vested Rights. The permit and reclamation plan requirements for persons with vested rights are stated in Public Resources Code Section 2776.
Where a person with vested rights continues surface mining in the same area subsequent to January 1, 1976, he shall obtain an approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act.
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2714, 2758(c) and 2776, Public Resources Code; and 78 Ops.Cal.Atty.Gen. 343 (1995).
HISTORY

1. Renumbering and amendment of former Section 3505 to Section 3504, and renumbering and amendment of former Section 3506 to Section 3505 filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18). For prior history, see Register 82, No. 33.
2. Amendment adding new subsection (a)(1) designator, new subsection (a)(2), and amendment of Note filed 4-11-97; operative 5-11-97 (Register 97, No. 15).
3. Amendment of subsection (a)(2), new subsection (a)(3), and amendment of Note filed 9-18-97; operative 10-18-97 (Register 97, No. 38).
§3506. Special Provisions.
Note     •     History

NOTE

Authority cited: Sections 2714(d) and 2755, Public Resources Code. Reference: Sections 2714, 2758(c) and 2776, Public Resources Code.
HISTORY

1. New NOTE filed 8-10-82; effective thirtieth day thereafter (Register 82, No. 33).
2. Renumbering and amendment of Section 3506 to Section 3505 filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).
§3507. Suggested Form for Reclamation Plan.
Note     •     History

NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2756, 2757, 2758(b), 2772 and 2773, Public Resources Code.
HISTORY

1. New NOTE filed 8-10-82; effective thirtieth day thereafter (Register 82, No. 33).
2. Repealer filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).
§3507.1. Confidential Information.
Note     •     History

NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2778, Public Resources Code.
HISTORY

1. New NOTE filed 8-10-82; effective thirtieth day thereafter (Register 82, No. 33).
2. Repealer filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).
§3507.2. Multiple Operations in a Single Plan.
Note     •     History

NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2756, 2757, 2758(b), 2772 and 2773, Public Resources Code.
HISTORY

1. New NOTE filed 8-10-82; effective thirtieth day thereafter (Register 82, No. 33).
2. Repealer filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).
§3508. Model Surface Mining and Reclamation Ordinance.
Note     •     History

NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2758(b) and 2774(a), Public Resources Code.
HISTORY

1. New NOTE filed 8-10-82; effective thirtieth day thereafter (Register 82, No. 33).
2. Repealer filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).

APPENDICES A-C
HISTORY

1. Repealer of Appendices A-C filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).
Article 2. Areas Designated to Be of Regional Significance
§3550. Introduction.
Note     •     History

Pursuant to Section 2790 of the Surface Mining and Reclamation Act, the Mining and Geology Board designates certain mineral resource sectors within the following geographical areas to be of regional significance.
NOTE

Authority and reference cited: Section 2790, Public Resources Code.
HISTORY

1. New Article 2 (Sections 3550 and 3550.1) filed 10-22-81; effective thirtieth day thereafter (Register 81, No. 43).
§3550.1. Tujunga and Pacoima Wash Areas of the San Fernando Valley Region, Los Angeles County.
Note

On January 7, 1981, following a December 11, 1980, public hearing, the Mining and Geology Board designated Sectors A, B, C, and D of the Tujunga and Pacoima Wash areas to be of regional significance. In general, these sectors are described as follows:
(1) Sector A--Tujunga Valley east of the Hansen Dam flood control basin, west of the 210 freeway and excluding identified archaeological sites;
(2) Sector B--the Hansen Dam Area;
(3) Sector C--an area southwest of Hansen Dam; and
(4) Sector D--Pacoima Wash north of Lopez Dam.
These sectors contain sand and gravel deposts which provide a source of construction aggregate for the region's future need.
Designation Map #81-1 and a report summarizing the designation findings of the State Mining and Geology Board are on file at the Board's office in Sacramento.
NOTE

Authority and reference cited: Section 2790, Public Resources Code.
§3550.2. Santa Clara River Valley Area of the Western Ventura County Region, Ventura County.
Note     •     History

On January 28, 1982, following a November 19, 1981, public hearing, the State Mining and Geology Board designated Sectors A, B, C, D, E, F, G, H, I, and J, on Designation Map #82-1, in the Santa Clara River Valley to be of regional significance. In general, these sectors are described as follows:
(1) Sector A--Instream deposits of the Santa Clara River near the community of El Rio beginning approximately one mile downstream of the U.S. Highway 101 bridge and extending to a point approximately two miles upstream of the Los Angeles Avenue bridge.
(2) Sector B--Offstream deposits located adjacent to Vineyard Avenue in the community of El Rio.
(3) Sector C--Offstream deposits located in and adjacent to the community of El Rio.
(4) Sector D--Offstream deposits located east of Los Angeles Avenue and south of the Santa Clara River.
(5) Sector E--Instream deposits of the Santa Clara River beginning at the eastern boundary of Sector A and extending upstream to the confluence of Santa Paula Creek.
(6) Sector F--Instream deposits extending from the eastern boundary of Sector E upstream to the confluence of Sespe Creek.
(7) Sector G--Instream deposits extending from the eastern boundary of Sector F upstream to Cavin Road.
(8) Sector H--Instream deposits extending from the eastern boundary of Sector G upstream to Piru.
(9) Sector I--Instream deposits extending from the eastern boundary of Sector H upstream for approximately three miles.
(10) Sector J--Instream deposits extending from the eastern boundary of Sector I upstream to the Ventura County line.
These sectors contain sand and gravel deposits that provide a source of construction aggregate for the region's future need.
Designation Map #82-1 and a report summarizing the designation findings of the State Mining and Geology Board, “Designation of Regionally Significant Construction Aggregate Resource Areas in the Western Ventura County and Simi Production-Consumption Regions--March 1982,” are on file at the Board's office in Sacramento.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2726, 2761-2763 and 2790-2791, Public Resources Code.
HISTORY

1. New section filed 5-6-82; effective thirtieth day thereafter (Register 82, No. 19).
§3550.3. Simi Valley Area of the Simi Region, Ventura County.
Note     •     History

On January 28, 1982, following a November 19, 1981, public hearing, the State Mining and Geology Board designated Sectors A, B, and C, on Designation Map 82-1, in the Simi Valley area to be of regional significance. In general, these sectors are described as follows:
(1) Sector A--Hillside deposits located on Oak Ridge and the Simi Hills.
(2) Sector B--Hillside deposits located along a portion of Oak Ridge extending from Long Canyon eastward to the Ventura County line.
(3) Sector C--Hillside deposits located above Meir and Runkle Canyons in the Simi Hills.
These sectors contain sand and gravel deposits that provide a source of construction aggregate for the region's future needs.
Designation Map #82-1 and a report summarizing the designation findings of the State Mining and Geology Board, “Designation of Regionally Significant Construction Aggregate Resource Areas in the Western Ventura County and Simi Production-Consumption regions--March 1982,” are on file at the Board's office in Sacramento.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2726, 2761-2763 and 2790-2791, Public Resources Code.
HISTORY

1. New section filed 5-6-82; effective thirtieth day thereafter (Register 82, No. 19).
§3550.4. Santa Ana River, Santiago Creek, Arroyo Trabuco, San Juan Creek, and Temescal Valley Areas of the Orange County-Temescal Valley Region, Orange, Riverside, and San Bernardino Counties.
Note     •     History

A set of maps identifying the exact locations of the designated areas, entitled “Regionally Significant Construction Aggregate Resource Areas in the Orange County-Temescal Valley and San Gabriel Valley Production-Consumption Regions,” is incorporated by reference into this regulation. These maps are available from the State Mining and Geology Board's office in Sacramento.
The construction aggregate deposits in the following areas have been designated as being of regional significance:
Sector A--Instream deposits of the Santa Ana River beginning at Prado Dam and extending downstream for one and one-half miles.
Sector B--Instream deposits along the north side of the Santa Ana River beginning near Coal Canyon and extending downstream for approximately three miles.
Sector C--Instream deposits along the south side of the Santa Ana River from Horseshoe Bend downstream to the Weir Canyon Bridge.
Sector D--Offstream deposits located between Orangethorpe Avenue and La Palma Avenue in the northeastern part of Anaheim.
Sector E--Offstream deposits located near the intersection of Fee Ana Street and La Palma Avenue in Anaheim.
Sector F--Offstream deposits in the Warner Basin located near Jefferson Street and the Riverside Freeway in Anaheim.
Sector G--Offstream deposit located on the south side of the Santa Ana River near Lincoln Avenue in Anaheim.
Sector H--Hillside deposit located immediately east of Prado Dam in the Chino Hills.
Sector I--Hillside deposit located east of Gypsum Canyon in the Santa Ana Mountains.
Sector J--Instream deposit of Santiago Creek beginning near Villa Park Dam and extending downstream to approximately the Newport Freeway.
Sector K--A conglomerate deposit in upper Blind Canyon east of Villa Park Dam.
Sector L--Instream deposit located on Santiago Creek between Santiago Dam and Irvine Park.
Sector M--Instream deposit located under the Santiago Reservoir on Santiago Creek.
Sector N--Instream deposits of Santiago Creek beginning near Santiago Reservoir and extending upstream to the confluence of Williams Canyon, including a portion of Silverado Canyon.
Sector O--Offstream deposit located on the southeast side of Cota Street in Corona.
Sector P--Offstream deposits of Temescal Wash near the intersection of the Riverside Freeway and Interstate 15 near Corona.
Sector Q--Instream deposits located in Temescal Wash beginning near Magnolia Avenue and extending upstream to Cajalco Road.
Sector R--Instream deposits located in Temescal Wash beginning near the Olsen Canyon confluence and extending upstream to Lee Lake.
Sector S--Offstream deposits of the Coldwater Mayhew Fan near Glen Ivy Hot Springs.
Sector T--Instream deposits of San Juan Creek beginning near Casper Regional Park and extending downstream to approximately Ganado Road in San Juan Capistrano.
Sector U--Instream deposits of Arroyo Trabuco beginning one-half mile above Interstate 5 and extending approximately five miles upstream.
Sector V--Instream deposits of Arroyo Trabuco beginning at the Live Oak Canyon Road crossing and extending upstream for approximately two miles.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2726, 2761-2763 and 2790-2791, Public Resources Code.
HISTORY

1. New section filed 8-24-83; effective thirtieth day thereafter (Register 83, No. 35).
§3550.5. San Gabriel River, Eaton Wash, Devils Gate, and Palos Verdes Areas of the San Gabriel Valley Region, Los Angeles County.
Note     •     History

A set of maps identifying the exact locations of the designated areas, entitled “Regionally Significant Construction Aggregate Resource Areas in the Orange County-Temescal Valley and San Gabriel Valley Production-Consumption Regions,” is incorporated by reference into this regulation. These maps are available from the State Mining and Geology Board's office in Sacramento.
The construction aggregate deposits in the following areas have been designated as being of regional significance:
Sector A--Offstream and instream deposits of the San Gabriel River below Morris Dam near Azusa.
Sector B--Instream deposit consisting of the flood control channel of the San Gabriel River upstream of Foothill Boulevard near Azusa.
Sector C--Instream deposits in a portion of the Santa Fe Flood Control Basin and spillway channel near Irwindale.
Sector D--Offstream and instream deposits in the western portion of the San Gabriel River Fan near Baldwin Park and Arcadia.
Sector E--Offstream deposits in the eastern portion of the San Gabriel River Fan in Irwindale.
Sector F--Instream deposits of Eaton Wash located in the Eaton Wash Flood Control Basin.
Sector H--Instream deposits of Arroyo Seco in the Devils Gate Reservoir area.
Sector I--Hillside deposit in the Palos Verdes Hills on Narbonne Avenue in Bent Springs Canyon.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2726, 2761-2763 and 2790-2791, Public Resources Code.
HISTORY

1. New section filed 8-24-83; effective thirtieth day thereafter (Register 83, No. 35).
§3550.6. Construction Aggregate Resources, Western San Diego County Region.
Note     •     History

A set of maps identifying the exact locations of the designated resource areas, entitled “Regionally Significant Construction Aggregate Resource Areas in the Western San Diego County Production-Consumption Region” is incorporated by reference into this regulation. These maps are available from the State Mining and Geology Board's office in Sacramento.
The construction aggregate deposits in the following areas are designated as being of regional significance:
Sector A--A granitic rock deposit located in eastern Oceanside, southwest of the intersection of Highway 78 and College Boulevard, near Buena Vista Creek Canyon.
Sector B--Channel and flood-plain deposits of the San Luis Rey River beginning near North River Road in Oceanside and extending upstream for approximately six miles.
Sector C--Channel and flood-plain deposits of the San Luis Rey River from near the Highway 78 bridge upstream to approximately the Interstate 15 bridge.
Sector D--Alluvial deposits of the upper San Luis Rey River, extending discontinuously from the Interstate 15 bridge upstream to the community of Rincon in Pauma Valley.
Sector E--A hillside alluvial fan deposit located northeast of the San Luis Rey River, extending from the community of Pala to Pauma Valley.
Sector F--An alluvial fan deposit located in upper Pauma Valley near the community of Rincon.
Sector H--A granitic rock deposit located in Twin Oaks Valley approximately three miles east of the City of Vista.
Sector I--An alluvial fan deposit extending eastward from Lake Hodges on the San Dieguito River to the upper end of San Pasqual Valley.
Sector J--A mesa-top conglomerate deposit consisting of 4 areas located in or near the communities of Rancho Bernardo, Rancho Penasquitos, Poway Mira Mesa, Tierra Santa, and Santee, and on the Miramar Naval Air Station.
Sector K--A metavolcanic rock deposit located in Mission Gorge on the San Diego River.
Sector M--Channel and flood-plain deposits of the upper San Diego River from Magnolia Avenue in the City of Santee to within one mile of El Capitan Dam.
Sector N--A channel deposit of the lower Sweetwater River located near the community of Sunnyside.
Sector O--A channel deposit of the Sweetwater River located at the upper end of Sweetwater Reservoir.
Sector P--A channel deposit of the Sweetwater River located in upper Jamacha Valley.
Sector Q--A channel deposit of the Sweetwater River that extends from near the Singing Hills Golf Course upstream for a distance of approximately four miles.
Sector R--Channel and adjacent mesa deposits of the Otay River extending from near Interstate 805 upstream to approximately the head of Otay Valley.
Sector S--A metavolcanic rock deposit on Rock Mountain located on the north side of upper Otay Valley.
Sector U--Flood-plain deposits of the Tijuana River extending from the international boundary downstream for a distance of approximately four miles.
Sector V--Conglomerate deposits located on the Border Highlands immediately south of the Tijuana River.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2726, 2761-2763 and 2790-2792, Public Resources Code.
HISTORY

1. New section filed 3-19-85; effective thirtieth day thereafter (Register 85, No. 12).
§3550.7. Construction Aggregate Resources, Claremont-Upland Region.
Note     •     History

A set of maps identifying the exact locations of the designated resources areas entitled “Regionally Significant Construction Aggregate Resources Areas in Claremont-Upland Production-Consumption Region” is incorporated by reference into this regulation. These maps are available from the State Mining and Geology Board's office in Sacramento.*
The construction aggregate deposits in the following areas are designated as being of regional significance:
Sector A-The annual recharge area upstream from the San Antonio Creek Flood Control Dam.
Sector B-Eight parcels south of San Antonio Creek Flood Control Dam in the unurbanized areas of the San Antonio Creek Fan, northeast of the City of Clarement. Sector B is roughly bounded by Foothill Boulevard on the south, San Antonio Avenue on the east, and Thompson Creek on the west.
Sector C-Four parcels in the proximal part of the Cucamonga Creek Fan, north of the City of Upland. The area is generally north of 19th Street, west of Carmelian Avenue, east of Euclid Avenue, and south of the San Bernadino National Forest.
Sector D-Three parcels covering parts of the Day Creek and Deer Creek Fans between the Cities of Cucamonga and Fontana. It is bounded by the San Gabriel Mountains on the north and Highland Avenue on the south.

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*Copies of the maps incorporated by this section accompanied the text which was filed with Secretary of State on 12-3-86.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2726, 2761-2763 and 2790-2792, Public Resources Code.
HISTORY

1. New section filed 12-3-86, effective thirtieth day thereafter (Register 86, No. 49). 
§3550.8. Construction Aggregate Resources, San Bernadino Region.
Note     •     History

A set of maps identifying the exact locations of the designated resources areas entitled “Regionally Significant Construction Aggregate Resources Areas in San Bernadino Production-Consumption Region” is incorporated by reference into this regulation. These maps are available from the State Mining and Geology Board's office in Sacramento.*
The construction aggregate deposits in the following areas are designated as being of regional significance:
Sector A-Eighteen parcels on the Lytle Creek Fan in and around the City of Fontana. The larger parcels of this sector are north of Fontana; several smaller parcels are scattered to the east and south of Fontana to the Santa Ana River.
Sector B-Thirteen parcels covering the unurbanized portions of Lytle Creek Wash from north of Freeway 15, west to the downtown area of the City of San Bernadino.
Sector C-Eight parcels along the Cajon Creek Wash from the bend in the wash south of Lost Lake, southward to the confluence of Cajon Creek and Lytle Creek.
Sector D-Five parcels in a generally oval-shaped area southeast of the City of Ontario. The area is generally bounded by Freeway 10 on the south, Marlay Avenue on the north, Haven Avenue on the west, and Etiwanda Avenue on the east.
Sector E-Fourteen parcels in and along the Santa Ana River from Freeway 395, south and west to the town of Rubidoux.
Sector F-Seventeen parcels along the upper Santa Ana River and Santa Ana Wash and areas along smaller drainages merging with the Santa Ana Wash, including Warm Creek, City Creek, and Mill Creek.
Sector G-Two parcels covering parts of the San Gorgonio River alluvial fan, east of the City of Banning. Sector G extends from the mouth of Banning Canyon, southeastward to the community of Cabazon.
Sector H-The alluviated area of the Rice Canyon drainage, about one mile south of Alberhill.
Sector I-The alluvial deposits in the lower part of McVickers Canyon and the alluvial fan near the mouth of McVickers Canyon. Sector I is a few miles northeast of Lake Elsinore.

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*Copies of the maps incorporated by this section accompanied the text which was filed with Secretary of State on 12-3-86.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2726, 2761-2763 and 2790-2792, Public Resources Code.
HISTORY

1. New section filed 12-3-86, effective thirtieth day thereafter (Register 86, No. 49).
§3550.9. Construction Aggregate Resources, Saugus-Newhall and Palmdale Regions.
Note     •     History

A set of maps identifying the exact locations of the designated resources areas entitled “Regionally Significant Construction Aggregate Resources Areas in Saugus-Newhall and Palmdale Production-Consumption Region” is incorporated by reference into this regulation. These maps are available from the State Mining and Geology Board's office in Sacramento.*
The construction aggregate deposits in the following areas are designated as being of regional significance:
Sector A-Portions of the Santa Clara River and its immediate flood plain extending from the Los Angeles County Line to Bee Canyon, parts of Castiac Creek, and Oak Spring Canyon.
Sector B-An area bounded by Bee Canyon on the northwest, the Santa Clara River to the south, and extending approximately one mile east of the Agua Dulce Canyon; and a triangle-shaped area with a boundary extending from the mouth of Pole Canyon west along an old railroad grade, south to Oak Spring Canyon then northeast back to the mouth of Pole Canyon.
Sector C-A triangular area beginning at the mouth of Pole Canyon, running southeast along the canyon to Oak Spring Canyon then southwest to Coyote Canyon, turning northeast to close the triangle back at the mouth of Pole Canyon.
Sector D-An area north of the California Aqueduct whose eastern boundary is along Little Rock Wash then turns west approximately one mile north of Boundary Avenue. The western boundary runs south near 47th Street and Fort-Tejon Road.
Sector E-An area of the Big Rock Wash bounded by the aqueduct on the south, North 165th Street on the east, Palmdale Boulevard on the north, and 116th Street on the west.

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*Copies of the maps incorporated by this section accompanied the text which was filed with Secretary of State on 12-3-86.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2726, 2761-2763 and 2790-2792, Public Resources Code.
HISTORY

1. New section filed 12-3-86, effective thirtieth day thereafter (Register 86, No. 49).
§3550.10. Construction Aggregate Resources, South San Francisco Bay Region.
Note     •     History

A set of maps identifying the exact locations of the designated resources areas entitled “Regionally Significant Construction Aggregate Resources Areas in South San Francisco Bay Production-Consumption Region” is incorporated by reference into this regulation. These maps are available from the State Mining and Geology Board's office in Sacramento.
Sector A-Aggregate deposit located in Amador Valley and Livermore Valley areas in the Cities of Pleasanton and Livermore in Alameda County.
Sector B-Alluvial deposit consisting of six parcels along Arroyo del Valle on the southwestern edge of Livermore in Alameda County.
Sector C-Alluvial deposit consisting of six parcels located along Arroyo Mucho on the eastern edge of Livermore in Alameda County.
Sector D-Greenstone deposit located on Apperson Ridge east of Sunol Valley in Alameda County.
Sector E-Alluvial deposit consisting of five parcels in Sunol Valley in southern Alameda County.
Sector H-Elongated sandstone deposit located on the foothills of the Cities of Fremont and Union City.
Sector I-Elongated series of parcels consisting of a sandstone deposit along the foothills east of the Cities of Fremont and Milpitas.
Sector J-Alluvial deposit located near Mowry Landing on the southern edge of Fremont in Alamada County.
Sector K-Alluvial deposit located west of Highway 17 on the southern edge of Fremont in Alameda County.
Sector L-Alluvial deposit consisting of three parcels located between the Nimitz Freeway, Alameda Creek, the Coyote Hills, and Jarvis Avenue in the northwestern portion of the City of Fremont in Alameda County.
Sector M-Located at the southern end of the Coyote Hills on the west side of Fremont in Alameda County.
Sector N-Greenstone deposit in the foothills east of the City of Hayward in Alameda County.
Sector O-Consists of greenstone and rhyolite located in the Berkeley Hills west of Lake Chabot in Alameda County.
Sector P-Consists of rhyolite located north of the Oak Knoll Naval Hospital in the Berkeley Hills.
Sector S-Mount Zion and a smaller adjacent hill in central Contra Costa County.
Sector T-Consists of basalt and andesite located at the south end of Gudde Ridge in the City of Moraga in southwestern Contra Costa County.
Sector U-Consists of basalt and andesite located on a small ridge southwest of the City of Orinda in Contra Costa County.
Sector V-Consists of basalt and andesite located on a small ridge southwest of the city of Orinda in Costa Contra County.
Sector W-Sandstone and shale deposit consisting of three parcels located on the west side of the City of Richmond in Contra Costa County.
Sector X-The Guadalupe Quarry property on the north side of Mount San Bruno adjacent to the City of Brisbane in San Mateo County.
Sector Y-Limestone and greenstone deposits located west of Pacifica near Rockway Beach in northern San Mateo County.
Sector Z-Greenstone deposit located in the Los Altos Hills in northwestern Santa Clara County.
Sector BB-Limestone deposit located west of the City of Cupertino on upper Permanente Creek in Santa Clara County.
Sector CC-Greenstone deposit located northwest of Stevens Creek Reservoir on the western edge of the City of Cupertino in Santa Clara County.
Sector DD-Conglomerate deposit located northwest of Stevens Creek Reservoir west of the City of Cupertino in Santa Clara County.
Sector EE-Located immediately northwest of the intersection of Capitol Expressway and Monterey Road (highway 82) on the City of San Jose in Santa Clara Cunty.
Sector GG-Sandstone deposit located approximately four miles south of Brentwood in eastern Contra Costa County.
Sector HH-Granitic rock deposit located northwest of the City of Half Moon Bay in western San Mateo County.
Sector II-Sandstone and siltstone deposit located in Limekiln Canyon east of Lexington Reservoir in southwestern Santa Clara County.
Sector LL-Sandstone deposit located in the foothills east of the City of Fremont in Alameda County.

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*Copies of the maps incorporated by this section accompanied the text which was filed with Secretary of State on 12-3-86.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2726, 2761-2763 and 2790-2792, Public Resources Code.
HISTORY

1. New section filed 12-3-86, effective thirtieth day thereafter (Register 86, No. 49).
§3550.11. Construction Aggregate Resources, North San Francisco Bay Region.
Note     •     History

A set of maps identifying the exact locations of the designated resources areas entitled “Regionally Significant Construction Aggregate Resources Areas in North San Franciso Bay Production-Consumption Region” is incorporated by reference into this regulation. These maps are available from the State Mining and Geology Board's office in Sacramento.*
The construction aggregate deposits in the following areas are designated as being of regional significance: 
Sector A-Channel and floodplain alluvium deposits located in Alexander Valley of Sonoma County; extends from approximately the City of Cloverdale downstream to a point 3.25 miles southeast of the community of Jimtown.
Sector B-Alluvial deposits of the middle reach of the Russian River and a small portion of Dry Creek 0.5 miles west of Healdsburg. The sector extends from the City of Healdsburg down the Russian River to a point near the Wohler Road bridge.
Sector C-Alluvial deposits restricted to two small portions of Sonoma Creek. The first is about one l mile south of Sonoma State Hospital, and the second is about one mile south of Boyes Hot Springs.
Sector D-Consists of Novato Conglomerate deposits located near Black Point in eastern Marin County.
Sector E-A small basalt deposit located on Petaluma Hill near the southeastern edge of the City of Petaluma in Sonoma County.
Sector F-A small aggregate deposit located west of the City of Cotati on Stony Point Road in Sonoma County.
Sector G-Three contiguous parcels consisting of metamorphosed graywacke and greenstone deposits located east of the City of Vallejo at the southern end of Sulphur Springs Mountain.
Sector H-Aggregate deposit located southeast of the City of Napa in Napa County.
Sector I-Metamorphosed sandstone deposit located on Point San Pedro in eastern Marin County.
Sector J-A large block of andesite located on Burdell Mountain approximately two miles north of the City of Novato in Marin County.
Sector K-Two areas east of Dunbar Union School and northeast of the community of Glen Ellen in Sonoma County.
Sector L-Small greenstone and pillow lavas deposits located in Millerton Gulch approximately 3.5 miles north of the community of Point Reyes Station in Marin County.
Sector M-A small serpentinite deposit located in upper Bowman Canyon on Burdell Mountain approximately three miles northwest of Novato in Marin County.
Section N-A small siltstone deposit located approximately one mile west of the community of Forestville and south of Highway 116.
Sector O-A small siltstone deposit located approximately one mile west of the community of Forestville and north of Highway 116.
Sector P-Located along the west side of Green Valley approximately three miles southwest of Forestville in Sonoma County.
Sector Q-Sandstone deposit located in Cheney Gulch approximately 2.5 miles east of Bodega Bay in western Sonoma County.
Sector R-Located approximately 2.5 miles southeast of the City of Petaluma in Sonoma County.
Sector S-Located approximately five miles west of Petaluma on Petaluma Creek Road in Sonoma County.
Sector T-Sandstone deposits located 1.5 miles north of Duncan Mills on Austin Creek in western Sonoma County.
Sector U-Located at the confluence of the South Fork and Wheatfield Fork of the Gualala River in northwestern Sonoma County.
Sector V-Consists of andesite located on Burdell Mountain approximately two miles north of the City of Novato in Marin County.
Sector W-Located on Porter Creek Road approximately four miles east of the community of Mark West Springs in eastern Sonoma County.
Sector X-Consists of sandstone and andesite located along Highway 121 approximately 2.5 miles north of Sears Point in southeastern Sonoma County.
Sector Y-Shale deposit located approximately 2.5 miles west of Healdsburg in Sonoma County.

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*Copies of the maps incorporated by this section accompanied the text which was filed with Secretary of State on 12-3-86.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2726, 2761-2763 and 2790-2792, Public Resources Code.
HISTORY

1. New section filed 12-3-86, effective thirtieth day thereafter (Register 86, No. 49).
§3550.12. Construction Aggregate Resources, Monterey Bay Region.
Note     •     History

A set of maps identifying the exact locations of the designated resources areas entitled “Regionally Significant Construction Aggregate Resources Areas in Monterey Bay Production-Consumption Region” is incorporated by reference into this regulation. These maps are available from the State Mining and Geology Board's office in Sacramento.*
The construction aggregate deposits in the following areas are designated as being of regional significance:
Sector A-Consists of quartz diorite located on Ben Lomond Mountain southwest of Felton in Santa Cruz County.
Sector B-Consists of sandstone deposit divided into three large non-contiguous parcels located east of Felton in Santa Cruz County.
Sector C-Sandstone deposit located near Wilder Ranch west of the City of Santa Cruz.
Sector D-Alluvial deposit located in a portion of Uvas Creek located west of Gilroy in southern Santa Clara County.
Sector E-Channel and floodplain deposits located in a long portion of the San Benito River extending from lower Tres Pinos Creek west to State Highway 101 in central San Benito County.
Sector F-Two elongated deposits located near the community of Aromas in western San Benito County, extending from State Highway 101 northwesterly to Pajaro Gap on Highway 129, a distance of approximately five miles.
Sector G-The Natividad Quarry located northeast of Salinas in Monterey County.
Sector H-Sand deposits in two separate but adjacent parcels located along the southern portion of Monterey Bay, north of the City of Marina.
Sector I-A large sand dune area located on the northern edge of the City of Marina in Monterey County.
Sector J-Quartz diorite located on Huckleberry Hill on the east side of the community of Pebble Beach in Monterey County.
Sector K-Stream channel and floodplain deposits consisting of a one mile long portion of the lower Carmel River in the Carmel Valley of Monterey County.
Sector L-Consists of quartz diorite and siltstone located on upper Soquel Creek on the east side of Sugarloaf Mountain in Santa Cruz County.
Sector M-Fluvial sand and gravel deposit located on Freedom Boulevard approximately seven miles northwest of Watsonville in southern Santa Cruz County.
Sector N-Located at the confluence of Chalone Creek with the Salinas River in southern Monterey County, approximately three miles southwest of the community of Greenfield, northeast of the Southern Pacific Railroad tracks.
Sector O-Located at the confluence of Chalone Creek with the Salinas River in southern Monterey County, approximately three miles southwest of the community of Greenfield.
Sector P-Stream channel and floodplain deposits of San Lorenzo Creek located in the foothills of the Gabilan Range in southern Monterey County, approximately six miles northwest of King City.
Sector U-Stream channel and floodplain deposits of Upper Pacheco Creek located near Bells Station in southeastern Santa Clara County.

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*Copies of the maps incorporated by this section accompanied the text which was filed with Secretary of State on 12-3-86.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2726, 2761-2763 and 2790-2792, Public Resources Code.
HISTORY

1. New section filed 12-3-86, effective thirtieth day thereafter (Register 86, No. 49).
§3550.13. Construction Aggregate Resources, Fresno Production-Consumption Region.
Note     •     History

A set of maps identifying the exact locations of the designated resource areas entitled “Regionally Significant Construction Aggregate Resource Areas in the Fresno Production-Consumption Region,” February 2000, is incorporated by reference into this regulation. These maps are available from the State Mining and Geology Board's office in Sacramento.
The construction aggregate deposits in the following areas are designated as being of regional significance:
Sector K--Alluvial deposits of the Kings River between Avocado Lake on the northeast and the Southern Pacific Railroad tracks on the southwest.
Sector S--Portions of the San Joaquin River floodplain between Friant Dam and Highway 99.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2726, 2761-2763 and 2790-2792, Public Resources Code.
HISTORY

1. New section filed 9-16-88; operative 10-16-88 (Register 88, No. 39).
2. Amendment of first paragraph filed 9-5-2000; operative 10-5-2000 (Register 2000, No. 36).
§3550.14. Construction Aggregate Resources, Stockton-Lodi Production-Construction Region.
Note     •     History

A map identifying the exact locations of the designated resource areas entitled, “Regionally Significant Construction Aggregate Resource Areas in the Stockton-Lodi Production-Consumption Region, 1989,” is incorporated by reference into this regulation. This map is available from the State Mining and Geology Board's office in Sacramento.
The construction aggregate deposits in the following areas are designated as being of regional significance:
Sector A-Aggregate deposits on the alluvial fan created by Corral Hollow Creek, situated south of the City of Tracy.
Sector B-Aggregate deposit on the alluvial fan created by Lone Tree Creek. Deposit extends from just west of Interstate 580 near the base of the Coast Range hills northwest to the alignment of Interstate 5.
Sector C-Aggregate deposit that consists of the alluvial fan formed by Hospital Creek. Deposit extends from west of Interstate 580 within the foothills of the Coast Range and east into the San Joaquin Valley.
Sector D-Sand deposit centered on the San Joaquin River near the intersection of Highway 120 and Interstate 5 west of the City of Manteca.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2762, 2761-2763 and 2790-2792, Public Resources Code.
HISTORY

1. New section filed 6-29-89; operative 7-29-89 (Register 89, No. 27).
§3550.15. Construction Aggregate Resources, Palm Springs Production-Consumption Region.
Note     •     History

Two maps identifying the exact locations of the designated resource areas entitled, “Regionally Significant Construction Aggregate Resource Areas in the Palm Springs Production-Consumption Region, 1989 (Designation Map no. 89-2, Plates 1 and 2),” are incorporated by reference into this regulation. These maps are available from the State Mining and Geology Board's office in Sacramento.
The aggregate deposits in the following areas are designated as being of regional significance:
Sector A-1--Aggregate deposits located adjacent to the southeast border of the community of Cabezon at the base of the San Jacinto Mountains.
Sector A-2--Aggregate deposits located between the Colorado River Aqueduct and the Morongo Indian Reservation.
Sector A-3--Aggregate deposits located directly south of Interstate 10 two miles east of the community of Cabazon.
Sector B-1--Aggregate deposit located at the mouth of the Whitewater Canyon north of Interstate 10.
Sector B-2--Aggregate deposit located immediately south of Interstate 10 at the intersection of Highway 62.
Sector B-3--Aggregate deposit located immediately south of Sector B-2 and east of the San Gorgonio Pass to Garnet Hill.
Sector B-4--Aggregate deposit located east of Indian Avenue and south of Garnet Hill.
Sector B-5--Aggregate deposit located adjacent to the northern border of Sector B-3 and the southern border of Interstate 10 near Garnet Hill.
Sector C--Aggregate deposit located in the Little Morongo Canyon approximately one mile north of the City of Desert Hot Springs.
Sector D--Aggregate deposit located in a small unnamed wash in the foothills of the community of Thousand Palms.
Sector E-1--Aggregate deposit located northeast of Dillon Road, approximately six miles northeast of the City of Indio.
Sector E-2--Aggregate deposit located approximately six miles northeast of the City of Indio.
Sector F--Aggregate deposit located approximately four miles northeast of the City of Indio.
Sector G--Aggregate deposit located approximately three miles north of the City of Indio.
Sector H-1--Aggregate deposit located approximately four miles east of the community of Thermal.
Sector H-2--Aggregate deposit located northeast of the Coachella Canal approximately three and a half miles east of the community of Thermal.
Sector H-3--Aggregate deposit located southwest of the Coachella Canal approximately three miles east of the community of Thermal.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2762, 2761-2763 and 2790-2792, Public Resources Code.
HISTORY

1. New section filed 11-13-89; operative 12-13-89 (Register 89, No. 46).
§3550.16. Construction Aggregates Resources, Bakersfield Production-Consumption Region.
Note     •     History

The areas for designation are shown on two plates: Plate 1, Candidate Areas for Designation in the Bakersfield Production-Consumption (P-C) Region, Kern County California, Northern Area (2009), and Plate 2, Candidate Areas for Designation in the Bakersfield Production-Consumption (P-C) Region, Kern County California, Southern Area (2009),  and are incorporated by reference into this regulation. These maps are available from the State Mining and Geology Board's office in Sacramento.
The construction aggregate deposits in the following area are designated as being of regional significance:
Candidate Sector A -- Deposits of the James Road Resource Area, five miles north of Bakersfield and southwest of the intersection of James Road and State Highway 65, are in a small alluvial fan composed of reworked sediments derived from older alluvial fan deposits and the Kern River Formation. (Plate 1)
Candidate Sector A (247 acres) is in Sections 28 and 29, T28S, R27E, MDBM, five miles north of Bakersfield, west of State Route 65 and southwest of the intersection of James Road and State Route 65.
Candidate Sector Group B -- Deposits of the Kern River floodplain and alluvial fan, north of State Route 58 (Rosedale Highway) and west of Highway 99. Sector B is divided into five subsectors identified as B-1 through B-5. The combined area of the subsectors of Sector B is 231 acres. (Plate 1)
Candidate Sector B-1 (108 acres) is in Sections 14 and 15, T29S, R27E, MDBM, northwest of Bakersfield, north of State Route 58 and west of Highway 99. 
Candidate Sector B-2 (70 acres) is in Section 15, T29S, R27E, MDBM, west of Highway 99 and north of State Route 58.
Candidate Sector B-3 (24 acres) is in Section 22, T29S, R27E, MDBM, west of Highway 99 and north of State Route 58.
Candidate Sector B-4 (14 acres) is in Section 22, T29S, R27E, MDBM, west of Highway 99 and north of State Route 58.
Candidate Sector B-5 (15 acres) is in Section 22, T29S, R27E, MDBM, west of Highway 99 and north of State Route 58.
Candidate Sector Group C -- Deposits of the Kern River floodplain along the main course of the Kern River from Coffee Road east to Rio Bravo Ranch. Sector C is divided into 21 subsectors identified as C-1 through C-21. The combined area of Group C subsectors is 1,418 acres. (Plate 1)
Candidate Sector C-1 (20 acres) is in Section 33, T29S, R27E, MDBM, north of Kern River, west of Highway 99 and south of State Route 58.
Candidate Sector C-2 (149 acres) is in Sections 27, 33 and 34, T29S, R27E, MDBM, west of Highway 99 and south of State Route 58.
Candidate Sector C-3 (8 acres) is in Section 27, T29S, R27E, MDBM, west of Highway 99 and south of State Route 58.
Candidate Sector C-4 (51 acre) is in Sections 26 and 27, T29S, R27E, MDBM, west of Highway 99 and south of State Route 58.
Candidate Sector C-5 (36 acres) is in Sections 23, 24 and 26, T29S, R27E, MDBM, east of Highway 99 and west of State Route 204.
Candidate Sector C-6 (18 acres) is in Section 24, T29S, R27E, MDBM, east of Highway 99 and west of State Route 204.
Candidate Sector C-7 (14 acres) is in Sections 13 and 24, T29S, R27E, MDBM, east of State Route 204 and west of Chester Ave.
Candidate Sector C-8 (46 acres) is in Section 13, T29S, R27E, MDBM, and Section 18, T29S, R28E, MDBM, east of State Route 204 and west of Chester Ave.
Candidate Sector C-9 (85 acres) is in Section 18, T29S, R28E, MDBM, east of Chester Avenue and west of Manor St.
Candidate Sector C-10 (15 acres) is in Section 18, T29S, R28E MDBM, east of Chester Avenue and west of Manor St.
Candidate Sector C-11 (124 acres) is in Sections 8, 17 and 18, T29S, R28E, MDBM, east of Manor St.
Candidate Sector C-12 (104 acres) is in Sections 7 and 8, T29S, R28E, MDBM, north of Kern River and East of Manor St.
Candidate Sector C-13 (26 acres) is in Section 8, T29S, R28E, MDBM, north of Kern River, east of Manor Street. 
Candidate Sector C-14 (163 acres) is in Sections 8, 9, 16 and 17, T29S, R28E, MDBM. Kern River, east of Manor St.
Candidate Sector C-15 (32 acres) is in Section 9, T29S, R28E, MDBM. Kern River, east of Manor St.
Candidate Sector C-16 (12 acres) is in Section 9, T29S, R28E, MDBM. Kern River, west of China Grade Bridge.
Candidate Sector C-17 (101acres) is in Section 10, T29S, R28E, MDBM, south of Kern River and north of Alfred Harrell Highway.
Candidate Sector C-18 (70 acres) is in Sections 2, 3 and 10, T29S, R28E, MDBM. Kern River, south of Round Mountain Rd.
Candidate Sector C-19 (80 acres) is in Section 36, T28S, R28E, MDBM, Section 31, T28S, R29E, MDBM, and Section 6, T29S, R29E MDBM, northeast of Kern River and east of Hart Memorial Park.
Candidate Sector C-20 (11 acres) is in Section 5, T29S, R29E, MDBM, south of Kern River and north of Alfred Harrell Highway.
Candidate Sector C-21 (253 acres) is in Sections 33 and 34, T28S, R29E, MDBM, and Sections 2, 3, 10 and 11, T29S, R29E, MDBM, north of Kern River and east of Kern River Golf Course.
Candidate Sector Group D -- Deposits of the floodplain and alluvial fan of Cottonwood Creek, ten miles east of Bakersfield, south of State Highway 178. Sector D is divided into four subsectors identified as D-1 through D-4. The combined area of the subsectors is 356 acres. (Plate 1)
Candidate Sector D-1 (105 acres) is in Sections 19 and 20, T29S, R30E, MDBM. Cottonwood Creek, south of Breckenridge Road.
Candidate Sector D-2 (19 acres) is in Section 24, T29S, R29E, MDBM. Cottonwood Creek, south of Breckenridge Road.
Candidate Sector D-3 (101 acres) is in Sections 12, 13 and 24, T29S, R29E, MDBM. Cottonwood Creek, south of State Route 178.
Candidate Sector D-4 (131 acres) is in Sections 1, 11 and 12,, T29S, R29E, MDBM. Cottonwood Creek, south of State Route 178 and north of Breckenridge Road.
Candidate Sector Group E -- Deposits of the floodplain of Caliente Creek, 15 to 20 miles east of Bakersfield, north of State Highway 58. Sector E is divided into 10 subsectors identified as E-1 through E-10. The combined area of the subsectors is 2,685 acres. (Plate 1)
Candidate Sector E-1 (572 acres) is in Sections 17, 18, 19 and 20, T30S, R30E, MDBM. Caliente Creek, south of State Route 58.
Candidate Sector E-2 (1,330 acres) is in Sections 9, 10, 14, 15, 16, 17, 20 and 21, T30S, R30E, MDBM (Rancho El Tejon). Caliente Creek, north of State Route 58.
Candidate Sectors E-3 (357 acres) is in Sections 9, 10, 11, 12, 13 and 14, T30S, R30E, MDBM (Rancho El Tejon). Caliente Creek, north of Bena Road.
Candidate Sector E-4 (171 acres) is in Sections 13 and 24, T30S, R30E, MDBM, and Sections 18, 19 and 20, T30S, R31E, MDBM (Rancho El Tejon). Caliente Creek, north of Bena Road.
Candidate Sector E-5 (18 acres) is in Sections 13, T30S, R30E, MDBM, and Section 18 T30S, R31E, MDBM (Rancho El Tejon). Caliente Creek, north of Bena Road.
Candidate Sector E-6 (8 acres) is in Section 19, T30S, R31E, MDBM (Rancho El Tejon). Caliente Creek, south of Bena Road.
Candidate Sector E-7 (11 acres) is in Section 27, T30S, R31E, MDBM. Caliente Creek, west of Caliente.
Candidate Sector E-8 (45 acres) is in Section 27, T30S, R31E, MDBM. Caliente Creek, west of Caliente.
Candidate Sector E-9 (24 acres) is in Section 26, T30S, R31E, MDBM. Caliente Creek, south of Caliente.
Candidate Sector E-10 (149 acres) is in Sections 24, 25 and 26, T30S, R31E, MDBM, and Section 19, T30S, R32E, MDBM. Caliente Creek, east of Caliente.
Candidate Sector Group F -- Deposits of the alluvial fan of San Emigdio Creek, 25 miles southwest of Bakersfield, north and south of State Highway 166. Sector F is divided into eleven subsectors identified as F-1 through F-11. The combined area of the subsectors is 11,271 acres. (Plate 2)
Candidate Sector F-1 (289 acres) is in Sections 34, 35, and 36, T12N, R22W, MDBM, and Sections 1, 2 and 3, T11N, R22W, SBBM. San Emigdio Creek, north of the California Aqueduct.
Candidate Sector F-2 (44 acres) is in Section 36, T12N, R22W, SBBM, Section 6, T11N, R21W, SBBM, and Section 1 T11N, R22W, SBBM. San Emigdio Creek, north of the California Aqueduct.
Candidate Sector F-3 (782 acres) is in Sections 1, 2 and 3, T11N, R22W, SBBM, and Sections 5 and 6, T11N, R21W, SBBM. San Emigdio Creek, south of the California Aqueduct and north of State Route 166.
Candidate Sector F-4 (142 acres) is in Section 1 T11N, R22W, SBBM, and Sections 5 and 6, T11N, R21W, SBBM. San Emigdio Creek, south of the California Aqueduct and north of State Route 166.
Candidate Sector F-5 (1,468 acres) is in Sections 1, 2, 3, 10, 11, and 12, T11N, R22W, SBBM, and Sections 5, 6, 7 and 8, T11N, R21W, SBBM. San Emigdio Creek south of the California Aqueduct and north of State Route 166.
Candidate Sector F-6 (347 acres) is in Sections 10, 11 and 12, T11N, R22W, SBBM. San Emigdio Creek, south of State Route 166.
Candidate Sector F-7 (183 acres) is in Sections 7 and 8, T11N, R21W, SBBM. San Emigdio Creek, south of State Route 166.
Candidate Sector F-8 (2,254 acres) is in Sections 10, 11, 12, 13, 14 and 15, T11N, R22W, SBBM. San Emigdio Creek, south of State Route 166.
Candidate Sector F-9 (1,566 acres) is in Sections 7, 8, 17 and 18, T11N, R21W, SBBM. San Emigdio Creek, south of State Route 166.
Candidate Sector F-10 (3,356 acres) is in Sections 22, 23, 24, 25, 26, 35 and 36, T11N, R22W, SBBM, Sections 30 and 31, T11N, R21W, and Sections 1 and 2, T10N, R22W, SBBM. San Emigdio Creek, south of State Route 166.
Candidate Sector F-11 (840 acres) is in Sections 19, 20, 29 and 30, T11N, R21W, SBBM. San Emigdio Creek, south of State Route 166.
Candidate Sector G -- Deposits of Wheeler Ridge, 25 miles south of Bakersfield, west of Interstate Highway 5, and south of State Highway 166. The deposits are in an uplifted ridge of Pleistocene sand and gravel of the Tulare Formation. The area of Sector G is 882 acres. (Plate 2)
Candidate Sector G (882 acres) is in Sections 25, 35, and 36, T11N, R20W, SBBM and Sections 30 and 31, T11N, R19W, SBBM, at Wheeler Ridge, west of Highways I-5 and 99.
Candidate Sector Group H -- Deposits of the alluvial fan of Pastoria Creek, 30 miles southeast of Bakersfield, and north of Edmonston Pumping Plant Road. Sector H is divided into five subsectors identified as H-1 through H-5. The combined area of the subsectors is 467 acres. (Plate 2)
Candidate Sector H-1 (35 acres) is in Sections 18 and 19, T10N, R18W, SBBM, (projected -- in Rancho El Tejon). Pastoria Creek, south of the California Aqueduct and Edmonston Pumping Plant Road.
Candidate Sector H-2 (48 acres) is in Section 19, T10N, R18W, SBBM, (projected -- in Rancho El Tejon). Pastoria Creek, south of the California Aqueduct and Edmonston Pumping Plant Road.
Candidate Sector H-3 (47 acres) is in Sections 18 and 19, T10N, R18W, SBBM, (projected -- in Rancho El Tejon). Pastoria Creek, south of the California Aqueduct and Edmonston Pumping Plant Road.
Candidate Sector H-4 (108 acres) is in Sections 12 and 13, T10N, R19W, SBBM, and Section 18 T10N, R18W, SBBM, (projected -- Rancho El Tejon). Pastoria Creek, north of the California Aqueduct and Edmonston Pumping Plant Road.
Candidate Sector H-5 (409 acres) is in Sections 12 and 13, T10N, R19W, SBBM, and Sections 7 and 18, T10N, R18W, SBBM (projected -- in Rancho El Tejon). Pastoria Creek, north of the California Aqueduct and Edmonston Pumping Plant Road.
Candidate Sector I -- Deposits of the alluvial fan of El Paso Creek, 25 miles southeast of Bakersfield, east of Rancho Road and south of Sebastian Road. The area of Sector I is 2,151 acres. (Plate 2)
Candidate Sector I (2,151 acres) is in Sections 16, 17, 18, 19, 20, 21, 28, 29 and 30, T11N, R18W, SBBM. El Paso Creek east of Rancho Drive and south of Sebastian Road.
Candidate Sector Group J -- Deposits of the floodplain of Cuddy Creek located 40 miles south of Bakersfield, along Frazier Mountain Park Road, two miles west of Interstate Highway 5. Sector J is divided into two subsectors identified as J-1 and J-2. The combined area of the subsectors is 180 acres. (Plate 2)
Candidate Sector J-1 (35 acres) is in Sections 31 and 32, T9N, R19W, SBBM. Cuddy Creek, east of Frazier Park, south of Frazier Mountain Park Road.
Candidate Sector J-2 (145 acres) is in Sections 32 and 33, T9N, R19W, SBBM. Cuddy Creek, east of Frazier Park, south of Frazier Mountain Park Road.
Candidate Sector K -- Basement outcrops and the alluvial fan and floodplain of Little Sycamore Creek (La Liebre Ranch area), 40 miles southeast of Bakersfield, east of Interstate Highway 5 and north of State Highway 138. The area of Sector K is 125 acres. (Plate 2)
Candidate Sector K (125 acres) is in Sections 29 and 32, T9N, R17W, SBBM, (projected -- in Rancho La Liebre), Little Sycamore Canyon.
NOTE

Authority cited: Section 2790, Public Resources Code. Reference: Sections 2207, 2726, 2761-2763 and 2790-2791, Public Resources Code. 
HISTORY

1. New section filed 8-30-2011; operative 9-29-2011 (Register 2011, No. 35).
Article 3. Policies and Criteria of the State Mining and Geology Board with Reference to the Alquist-Priolo Earthquake Fault Zoning Act
§3600. Purpose.
Note     •     History

It is the purpose of this subchapter to set forth the policies and criteria of the State Mining and Geology Board, hereinafter referred to as the “Board,” governing the exercise of city, county, and state agency responsibilities to prohibit the location of developments and structures for human occupancy across the trace of active faults in accordance with the provisions of Public Resources Code Section 2621 et seq. (Alquist-Priolo Earthquake Fault Zoning Act). The policies and criteria set forth herein shall be limited to potential hazards resulting from surface faulting or fault creep within earthquake fault zones delineated on maps officially issued by the State Geologist.
NOTE

Authority cited: Section 2621.5, Public Resources Code. Reference: Sections 2621-2630, Public Resources Code.
HISTORY

1. New Article 3 (Sections 3600-3602) filed 4-3-79; effective thirtieth day thereafter (Register 79, No. 14).
2. Amendment of NOTE filed 8-11-82; effective thirtieth day thereafter (Register 82, No. 33).
3. Amendment filed 10-18-84; effective thirtieth day thereafter (Register 84, No. 42).
4. Change without regulatory effect amending article heading and section filed 1-5-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 1).
§3601. Definitions.
Note     •     History

The following definitions as used within the Act and herein shall apply:
(a) An “active fault” is a fault that has had surface displacement within Holocene time (about the last 11,000 years), hence constituting a potential hazard to structures that might be located across it.
(b) A “fault trace” is that line formed by the intersection of a fault and the earth's surface, and is the representation of a fault as depicted on a map, including maps of earthquake fault zones.
(c) A “lead agency” is the city or county with the authority to approve projects.
(d) “Earthquake fault zones” are areas delineated by the State Geologist, pursuant to the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code Section 2621 et seq.) and this subchapter, which encompass the traces of active faults.
(e) A “structure for human occupancy” is any structure used or intended for supporting or sheltering any use or occupancy, which is expected to have a human occupancy rate of more than 2,000 person-hours per year.
(f) “Story” is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. For the purpose of the Act and this subchapter, the number of stories in a building is equal to the number of distinct floor levels, provided that any levels that differ from each other by less than two feet shall be considered as one distinct level.
NOTE

Authority cited: Section 2621.5, Public Resources Code. Reference: Sections 2621-2630, Public Resources Code.
HISTORY

1. Editorial correction of subsection designations (Register 79, No. 14).
2. Amendment of NOTE filed 8-11-82; effective thirtieth day thereafter (Register 82, No. 33).
3. Amendment filed 10-18-84; effective thirtieth day thereafter (Register 84, No. 42).
4. Change without regulatory effect amending subsections (b) and (d) filed 1-5-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 1).
§3602. Review of Preliminary Maps.
Note     •     History

(a) Within 45 days from the issuance of proposed new or revised preliminary earthquake fault zone map(s), cities and counties shall give notice of the Board's announcement of a ninety (90) day public comment period to property owners within the area of the proposed zone. The notice shall be by publication, or other means reasonably calculated to reach as many of the affected property owners as feasible. Cities and counties may also give notice to consultants who may conduct geologic studies in fault zones. The notice shall state that its purpose is to provide an opportunity for public comment including providing to the Board geologic information that may have a bearing on the proposed map(s).
(b) The Board shall also give notice by mail to those California Registered Geologists and California Registered Geophysicists on a list provided by the State Board of Registration for Geologists and Geophysicists. The notice shall indicate the affected jurisdictions and state that its purpose is to provide an opportunity to present written technical comments that may have a bearing on the proposed zone map(s) to the Board during a 90-day public comment period.
(c) The Board shall receive public comments during the 90-day public comment period. The Board shall conduct at least one public hearing on the proposed zone map(s) during the 90-day public comment period.
(d) Following the end of the 90-day public comment period, the Board shall forward its comments and recommendations, with supporting data received, to the State Geologist for consideration prior to the release of official earthquake fault zone map(s).
NOTE

Authority cited: Section 2621.5, Public Resources Code. Reference: Section 2622, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 8-11-82; effective thirtieth day thereafter (Register 82, No. 33).
2. Amendment filed 10-18-84; effective thirtieth day thereafter (Register 84, No. 42).
3. New subsections (a) and (b), subsection relettering, and amendment of newly designated subsections (c) and (d) filed 4-1-97; operative 5-1-97 (Register 97, No. 14).
§3603. Specific Criteria.
Note     •     History

The following specific criteria shall apply within earthquake fault zones and shall be used by affected lead agencies in complying with the provisions of the act.
(a) No structure for human occupancy, identified as a project under Section 2621.6 of the Act, shall be permitted to be placed across the trace of an active fault. Furthermore, as the area within fifty (50) feet of such active faults shall be presumed to be underlain by active branches of that fault unless proven otherwise by an appropriate geologic investigation and report prepared as specified in Section 3603(d) of this subchapter, no such structures shall be permitted in this area.
(b) Affected lead agencies, upon receipt of official earthquake fault zones maps, shall provide for disclosure of delineated earthquake fault zones to the public. Such disclosure may be by reference in general plans, specific plans, property maps, or other appropriate local maps.
(c) No change in use of character of occupancy, which results in the conversion of a building or structure from one not used for human occupancy to one that is so used, shall be permitted unless the building or structure complies with the provisions of the Act.
(d) Application for a development permit for any project within a delineated earthquake fault zone shall be accompanied by a geologic report prepared by a geologist registered in the State of California, which is directed to the problem of potential surface fault displacement through the project site, unless such report is waived pursuant to Section 2623 of the Act. The required report shall be based on a geologic investigation designed to identify the location, recency, and nature of faulting that may have affected the project site in the past and may affect the project site in the future. The report may be combined with other geological or geotechnical reports.
(e) A geologist registered in the State of California, within or retained by each lead agency, shall evaluate the geologic reports required herein and advise the lead agency.
(f) One (1) copy of all such geologic reports shall be filed with the State Geologist by the lead agency within thirty (30) days following the report's acceptance. The State Geologist shall place such reports on open file.
NOTE

Authority cited: Section 2621.5, Public Resources Code. Reference: Sections 2621.5, 2622, 2623 and 2625(c), Public Resources Code.
HISTORY

1. New section filed 10-18-84; effective thirtieth day thereafter (Register 84, No. 42).
2. Change without regulatory effect amending section and subsections (b) and (d) filed 1-5-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 1).
§3604. Selection of Professional Service Firms.
Note     •     History

(a) The purpose of these regulations is to establish those procedures authorized and required by Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. These regulations are specific to the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code Sections 2621 et seq.).
(b) Selection by the department for professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management, firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.
NOTE

Authority cited: Section 2621.5, Public Resources Code; and Section 4526, Government Code. Reference: Sections 4525-4529.5, Government Code.
HISTORY

1. New section filed 10-24-2000; operative 11-23-2000 (Register 2000, No. 43).
§3605. Definitions, As Used in These Regulations.
Note     •     History

(a) “Small business” shall mean a small business firm as defined by the Director of General Services (section 1896 of Title 2 of the California Code of Regulations) pursuant to section 14837 of the Government Code.
(b) “Architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services” are those services to be procured outside State of California Civil Service procedures and of a character necessarily rendered by an architect, landscape architect, engineer, environmental specialist, land surveyor, or construction project management contractor but may include ancillary services logically or justifiably performed in connection therewith.
(c) “Project” means a project as defined in Section 10105 of the Public Contract Code, or as defined in the Public Resources Code Section 21065.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4525 and 14837, Government Code; Section 10105, Public Contract Code; and Section 21065, Public Resources Code.
HISTORY

1. New section filed 10-24-2000; operative 11-23-2000 (Register 2000, No. 43).
§3606. Establishment of Criteria.
Note     •     History

(a) The department shall establish criteria, on a case by case instance, which will comprise the basis for selection for each project. The criteria shall include such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel to be assigned, staff capability, workload, ability to meet schedules, nature and quality of completed work, reliability and continuity of the firm, location, and other considerations deemed relevant. Such factors shall be weighted by the department according to the nature of the project, the needs of the State and complexity and special requirements of the specific project.
(b) In no event shall the criteria include practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration. Department employees with a relationship to a person or business entity seeking a contract under this section are prohibited from participating in the selection process if the employee would be subject to the prohibition of Section 87100 of the Government Code.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 87100, Government Code.
HISTORY

1. New section filed 10-24-2000; operative 11-23-2000 (Register 2000, No. 43).
§3607. Estimate of Value of Services.
Note     •     History

Before any discussion with any firm concerning fees, the department may cause an estimate of the value of such services to be prepared. This estimate shall serve as a guide in determining fair and reasonable compensation for the services rendered. Such estimate shall be, and remain, confidential until award of contract or abandonment of any further procedure for the services to which it relates. At any time the department determines the estimates to be unrealistic because of rising costs, special conditions, or for other relevant considerations, the estimate may be reevaluated and modified if necessary.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4528, Government Code.
HISTORY

1. New section filed 10-24-2000; operative 11-23-2000 (Register 2000, No. 43).
§3608. Request for Proposals.
Note     •     History

(a) Where a project requires architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services, the department shall make an announcement through a publication of the respective professional society, if any exist, in a construction trade journal or, if none exist, in other appropriate publications that are published within a reasonable time frame such that a lengthy publication delay does not adversely affect the project.
(b) The announcement shall contain the following information: The nature of the work, the criteria upon which the award shall be made, and the time within which statements of interest, qualification and performance data will be received.
(c) The department shall endeavor to provide to all small business firms who have indicated an interest in receiving such, a copy of each announcement for projects for which the department concludes that small business firms could be especially qualified. A failure of the department to send a copy of an announcement to any firm shall not operate to preclude any contract.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4527, Government Code.
HISTORY

1. New section filed 10-24-2000; operative 11-23-2000 (Register 2000, No. 43).
§3609. Selection of Firm.
Note     •     History

After expiration of the period stated in the publications or other public announcements, the department shall evaluate statements of qualifications and performance data which have been submitted to the department. Discussions shall be conducted with no less than three firms regarding the required service. Where three firms cannot be found which could provide the required service, a full explanation including names and addresses of firms and individuals requested to submit proposals must be entered in the files. From the firms with which discussions are held, the department shall select no less than three, provided at least three firms submit proposals, in order of preference, based upon the established criteria, which are deemed to be the most highly qualified to provide the services required.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526-4527, Government Code.
HISTORY

1. New section filed 10-24-2000; operative 11-23-2000 (Register 2000, No. 43).
§3610. Negotiation.
Note     •     History

The department shall attempt to negotiate a contract with the most highly qualified firm. When the department is unable to negotiate a satisfactory contract with this firm with fair and reasonable compensation provisions, as determined by the procedure set forth in Section 3923 if those procedures were used, negotiations shall be terminated. The department shall then undertake negotiations with the second most qualified firm on the same basis. Failing accord, negotiations shall be terminated. The department shall then undertake negotiations with the third most qualified firm on the same basis. Failing accord, negotiations shall be terminated. Should the department be unable to negotiate a satisfactory contract at fair and reasonable compensation with any of the selected firms, additional firms may be selected in the manner prescribed in this article and the negotiation procedure continued.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4528, Government Code.
HISTORY

1. New section filed 10-24-2000; operative 11-23-2000 (Register 2000, No. 43).
§3611. Amendments.
Note     •     History

In instances where the department effects a necessary change in the project during the course of performance of the contract, the firm's compensation may be adjusted by negotiation of a mutual written agreement in a fair and reasonable amount where the amount of work to be performed by the firm is changed from that which existed previously in the contemplation of the parties.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4526, Government Code.
HISTORY

1. New section filed 10-24-2000; operative 11-23-2000 (Register 2000, No. 43).
§3612. Contracting in Phases.
Note     •     History

Should the department determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price or compensation provisions in the initial instance, provided that the department shall have determined that the firm is best qualified to perform the whole project at a fair and reasonable cost, and the contract contains provisions that the department, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated and reflected in a subsequent written instrument. The procedure with regard to estimates and negotiation shall otherwise be applicable.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4526, Government Code.
HISTORY

1. New section filed 10-24-2000; operative 11-23-2000 (Register 2000, No. 43).
§3613. Department's Power to Require Bids.
Note     •     History

Where the department determines that the services needed are technical in nature and involve little professional judgment and that requiring bids would be in the public interest, a contract shall be awarded on the basis of bids rather than by following the foregoing procedures for requesting proposals and negotiation.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4529, Government Code.
HISTORY

1. New section filed 10-24-2000; operative 11-23-2000 (Register 2000, No. 43).
§3614. Exclusions.
Note     •     History

The provisions of this article shall not apply to service agreements for an architect, landscape architect, engineer, environmental specialist, land surveyor, or construction project management contractor, engaged to provide consulting services on specific problems on projects where the architectural, landscape architectural, engineering, environmental, land surveying, or construction project management work is being performed by State of California Civil Service employees.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4526, Government Code.
HISTORY

1. New section filed 10-24-2000; operative 11-23-2000 (Register 2000, No. 43).
Article 4. Designation Appeal Procedures
§3625. Purpose of Regulations.
Note     •     History

The regulations contained in this article govern procedures affecting appeals to the Board on the approval or denial of a permit to conduct surface mining operations by a city or county, hereinafter referred to as the “lead agency,” in an area designated as containing mineral deposits of statewide or regional significance pursuant to the provisions of Section 2775, Public Resources Code (PRC 2775).
NOTE

Authority cited: Section 2775, Public Resources Code. Reference: Section 2775, Public Resources Code.
HISTORY

1. New section filed 7-6-88; operative 8-5-88 (Register 88, No. 30).
§3626. Filing of Intent to Appeal.
Note     •     History

(a) Any person filing an appeal to the Board pursuant to PRC 2775 shall, within 15 days of exhausting his or her rights to appeal in accordance with the procedures of the lead agency, file an intent to appeal by submitting the following information. Failure to submit all the required, completed documents to the Board within the 15 days filing period will result in an incomplete filing of intent and an automatic rejection of the appeal.
(1) A map indicating the exact location of the disputed area, including township and range, and corresponding to the designation map prepared for the region;
(2) Written statements with supporting documentation indicating the basis for the appellant's challenge to the decision by the lead agency either to approve or deny a permit to mine in an area designated as being of statewide or regional significance.
(3) Copy of notice to the lead agency that the appellant has filed an intent to appeal to the Board.
NOTE

Authority cited: Section 2775, Public Resources Code. Reference: Section 2775, Public Resources Code.
HISTORY

1. New section filed 7-6-88; operative 8-5-88 (Register 88, No. 30).
2. Amendment of subsection (a) filed 9-19-2002; operative 10-19-2002 (Register 2002, No. 38).
§3627. Determination of Jurisdiction.
Note     •     History

The Chairman of the Mining and Geology Board, or the Chairman's designee, based upon the information submitted pursuant Section 3626 of this article, shall determine whether the appeal is within the jurisdiction of the Board for purposes of hearing the appeal, and determine whether the appellant's challenge raises substantial issues with respect to the action taken to approve or deny the permit to conduct surface mining operations by the lead agency. The Chairman of the Board, or the Chairman's designee, shall make such determination within 15 days of receipt of the information required by Section 3626 of this article, and shall notify the appellant and the lead agency of the determination by certified mail.
If the Chairman finds, based upon the criteria stated in (a), (b) or (c) below, that the appeal raises no substantial issues with respect to the action taken by the lead agency to approve or deny the permit to conduct surface mining operations in a designated area, he or she shall refuse to grant a hearing on an appeal. In making this determination, the Chairman, or the Chairman's designee, shall consider the following:
(a) Whether the appeal raises any issues which legally can be addressed by the Board within the limits of the Public Resources Code and the rules of the Board; and
(b) Whether the appeal specifically relates to the approval or denial of a permit to conduct surface mining operations in an area designated by the Board as being of statewide or regional significance.
(c) Whether the appeal is that of a lead agency's reconsideration of an appeal previously remanded by the board to that lead agency, and the appellant's challenge raises no new substantial issues with respect to the action taken by the lead agency to approve or deny the permit to conduct surface mining operations.
NOTE

Authority cited: Section 2775, Public Resources Code. Reference: Section 2775, Public Resources Code.
HISTORY

1. New section filed 7-6-88; operative 8-5-88 (Register 88, No. 30).
2. Amendment filed 9-19-2002; operative 10-19-2002 (Register 2002, No. 38).
§3628. Administrative Record.
Note     •     History

(a) Once the appellant has been notified that a determination has been made that an appeal is within the jurisdiction of the Board for purposes of hearing the appeal, the appellant shall submit to the board within 30 days of receipt of notification three certified copies for the complete administrative record, which shall include, but not be limited to, all of the following information.
(1) Project application and complete, detailed description of the proposed project, including conditions added for mitigation of environmental impacts;
(2) Location and site description maps submitted to the lead agency as part of the application process;
(3) All reports, findings, communications, correspondence, and statements in the file of the lead agency relating to the project; and
(4) Written transcripts of all public hearings related to the decision of the lead agency.
(b) In cases where the appellant is faced with more than 30 days delay in gathering the administrative record because of internal procedures of the lead agency, the appellant shall so notify the Board in writing and the Board may require the lead agency to immediately submit three copies of the administrative record to the Board for purposes of hearing the appeal without undue delay.
(c) Failure of the lead agency to produce the administrative record upon request of the Board within 30 days shall be deemed grounds to remand the appeal to the lead agency for reconsideration.
NOTE

Authority cited: Section 2772, 2773, Public Resources Code. Reference: Section 2775, Public Resources Code.
HISTORY

1. New section filed 7-6-88; operative 8-5-88 (Register 88, No. 30).
2. Amendment filed 9-19-2002; operative 10-19-2002 (Register 2002, No. 38).
§3629. Hearing Procedures--Scheduling.
Note     •     History

The Board shall schedule and hold a public hearing on an appeal no later than 30 days from the filing of the complete administrative record, or at such time as may be mutually agreed upon by the Board and the appellant. In no case shall the hearing be scheduled beyond 180 days of the receipt of the complete administrative record without the concurrence of the Board, the appellant, and the project proponent (when not the same person as the appellant). The hearing may be scheduled as part of a regular business meeting of the Board or may be conducted by a committee of the Board.
NOTE

Authority cited: Section 2775, Public Resources Code. Reference: Section 2775, Public Resources Code.
HISTORY

1. New section filed 7-6-88; operative 8-5-88 (Register 88, No. 30).
§3630. Hearing Procedures--Authority for Delegation.
Note     •     History

The Board may delegate conduct of the hearing to a committee of at least two members to be appointed for that hearing by the Chairman of the Board. The Chairman of the Board or the Chairman's designee shall conduct the hearing; the recommendations of the committee shall be presented to a quorum of the Board at its next regular business meeting for a decision of the full Board consistent with the procedures set forth in Section 3634 of these regulations.
NOTE

Authority cited: Section 2775, Public Resources Code. Reference: Section 2775, Public Resources Code.
HISTORY

1. New section filed 7-6-88; operative 8-5-88 (Register 88, No. 30).
§3631. Hearing Procedures--Notice.
Note     •     History

(a) At least 10 working days prior to the hearing, the Board shall give public notice as follows:
(1) Mailing the notice to the lead agency, the appellant, and the project proponent (when not the same person as the appellant);
(2) Mailing the notice to any person who requests notice of the appal or hearing;
(3) Mailing the notice to the Board's regular mailing list; and
(4) Posting of the notice in a place where notices are customarily posted in the city or county jurisdiction within which the proposed surface mining operations are to take place.
(b) The notice of hearing shall include the following:
(1) The name of the appellant;
(2) Identification of the proposed surface mining operation, a brief description of the location of the operation by reference to any commonly known landmarks in the area, and a simple location map indicating the general location of the operation;
(3) A statement that the appellant has appealed the lead agency's decision to approve or deny the project and has requested the Board hear the appeal;
(4) A statement inviting the appellant, the lead agency, the project proponent (when not the same person as the appellant), and the public to make statements at the hearing regarding the decision of the lead agency; and
(5) The time, date, and location of the public hearing.
NOTE

Authority cited: Section 2775, Public Resources Code. Reference: Section 2775, Public Resources Code.
HISTORY

1. New section filed 7-6-88; operative 8-5-88 (Register 88, No. 30).
§3632. Hearing Procedures--Record.
Note     •     History

The record before the Board at the public hearing shall be the administrative record submitted pursuant to Sections 3626 and 3628 of this article.
NOTE

Authority cited: Section 2775, Public Resources Code. Reference: Section 2775, Public Resources Code.
HISTORY

1. New section filed 7-6-88; operative 8-5-88 (Register 88, No. 30).
§3633. Hearing Procedures--Sequence.
Note     •     History

(a) The public hearing should normally proceed in the following manner:
(1) Identification of the record;
(2) Statements on behalf of the appellant;
(3) Statements on behalf of the lead agency;
(4) Statements on behalf of the project proponent (when not the same person as the appellant);
(5) Statements on behalf of the public;
(6) Rebuttal on behalf of the appellant; and
(7) Motion to close the public hearing.
(b) Notwithstanding the above, the Chairman or the Chairman's designee for purposes of conducting the hearing may in the exercise of discretion, determine the order of the proceedings.
(c) The Chairman or the Chairman's designee may impose reasonable time limits upon statements and presentations and may accept written statements in lieu of oral statements. Written statements must be submitted to the Board at least five days prior to the hearing.
(d) The public hearing shall be recorded either electronically or by other convenient means.
NOTE

Authority cited: Section 2775, Public Resources Code. Reference: Section 2775, Public Resources Code.
HISTORY

1. New section filed 7-6-88; operative 8-5-88 (Register 88, No. 30).
§3634. Hearing Procedures--Determination.
Note     •     History

Following the public hearing, the Board shall determine whether, upon the record before it, the lead agency decision was made based on substantial evidence in light of the whole record. Notification of the Board's determination shall be made by certified mail to the appellant, the lead agency, and the project proponent (when not the same person as the appellant) within 15 days following the regular business meeting of the Board at which the decision is made.
NOTE

Authority cited: Section 2775, Public Resources Code. Reference: Section 2775, Public Resources Code.
HISTORY

1. New section filed 7-6-88; operative 8-5-88 (Register 88, No. 30).
Article 5. Reclamation Plan Appeals
§3650. Filing of Intent to Appeal.
Note     •     History

Any person filing an appeal to the Board pursuant to PRC 2770 shall, within 15 days of exhausting his or her rights to appeal in accordance with the procedures of the lead agency, file an intent to appeal by submitting the following information. Failure to submit all the required, completed documents to the board within the 15 days filing period will result in an incomplete filing of intent and an automatic rejection of the appeal.
(a) A map indicating the exact location of the surface mining operation, including township and range.
(b) A copy of all documents which together were proposed to serve as the reclamation plan and which were submitted to the lead agency for review and approval pursuant to PRC 2770.
(c) Written statements with supporting documentation indicating the basis for the appellant's challenge of:
(1) the lead agency's action to deny approval of the reclamation plan submitted pursuant to PRC 2770; or
(2) the lead agency's failure to act according to due process; or
(3) the lead agency's failure to act within a reasonable period of time of submittal of a completed application.
(A) failure to act means a lead agency's inaction in processing the reclamation plan through its successive steps as provided for in the lead agency's surface mining and reclamation ordinance adopted pursuant to PRC Section 2774, and as provided for in PRC Section 2774(c).
(B) reasonable time means the time period specified in the lead agency's surface mining and reclamation ordinance, or that which is mutually agreed upon by the applicant and the lead agency. Where no times are specified in the lead agency's ordinance, then the interval between successive review steps shall not exceed 60 days.
(d) Copy of notice to the lead agency that the appellant intends to file an appeal to the Board.
NOTE

Authority cited: Section 2770, Public Resources Code. Reference: Section 2770(c)-(e), Public Resources Code.
HISTORY

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Amendment of first paragraph and new subsections (c)(3)(A)-(B) filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
§3651. Determination of Jurisdiction.
Note     •     History

The Chairman of the Mining and Geology Board, or the Chairman's designee (Board Member), shall determine whether the appeal is within the jurisdiction of the Board for purposes of hearing the appeal, and determine whether the appellant's challenge raises substantial issues related to the lead agency's review of reclamation plans submitted for surface mining operations pursuant to the provisions of PRC 2770. If the Chairman finds, based upon the criteria stated in (a) plus (b) below, that the appeal raises no substantial issues with respect to the lead agency's review of reclamation plans submitted for surface mining operations pursuant to the provisions of PRC 2770, he or she shall refuse to grant a hearing on the appeal. In making these determinations, the Chairman shall consider the following:
(a) Whether the appeal raises any issues which can legally be addressed by the Board within the limits of PRC 2770(e) and the rules of the Board; and
(b) Whether the appeal specifically relates to the lead agency's review of reclamation plans submitted for surface mining operations pursuant to the provisions of PRC 2770.
NOTE

Authority cited: Section 2770, Public Resources Code. Reference: Section 2770(c)-(e), Public Resources Code.
HISTORY

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Change without regulatory effect amending first paragraph and subsection (a) filed 5-1-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 18).
3. Change without regulatory effect amending first paragraph and subsection (b) filed 8-9-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 32).
§3652. Administrative Record.
Note     •     History

(a) Once the appellant has been notified that a determination has been made that an appeal is within the jurisdiction of the Board for purposes of hearing the appeal, the appellant shall submit to the board within 30 days of receipt of notification three certified copies of the complete administrative record, which shall include, but not be limited to, all of the following information:
(1) All documents which together are proposed to serve as the reclamation plan and which were submitted to the lead agency for review and approval pursuant to PRC 2770;
(2) Location and site description maps submitted to the lead agency as part of the reclamation plan application;
(3) Environmental documentation prepared pursuant to the provisions of the California Environmental Quality Act (CEQA), PRC Sections 21000 et seq., including conditions added for mitigation of environmental impacts, if any;
(4) A copy of the lead agency surface mining and reclamation ordinance under which the reclamation plan may have been judged pursuant to PRC 2770;
(5) All reports, findings, communications, correspondence, and statements in the file of the lead agency relating to the proposed reclamation plan; and
(6) Written transcripts of all public hearings related to the lead agency review for approval of the reclamation plan pursuant to PRC Section 2770.
(b) Should the lead agency choose not to complete an environmental review of the project pursuant to the provisions of CEQA, or should the Board deem such review inadequate under the provisions of CEQA, the record will not be considered complete until an adequate CEQA review is completed.
(1) In those instances in which the Board is the CEQA lead agency, the Board shall be responsible for the preparation of new or supplemental environmental documents.
(2) Pursuant to PRC Section 15045, the project proponent shall bear any costs relating to preparation and completion of any required environmental documents.
(c) Failure of the appellant to request in writing the administrative record from the lead agency within 10 days of receiving notification of the Board's acceptance of the appeal may be deemed grounds for dismissal of the appeal.
(d) If the appellant is unable to obtain the administrative record from the lead agency within 15 days, the appellant shall so notify the Board in writing and the Board may require the lead agency to immediately submit three copies of the administrative record to the Board for purposes of hearing the appeal without undue delay.
(e) Failure of the lead agency to produce the administrative record upon request of the Board within 30 days shall be deemed grounds for Board action based on information provided solely by the appellant.
(f) Following production of the administrative record by the lead agency, failure of the appellant to produce the administrative record upon the request of the Board within 10 days may be deemed grounds for dismissal of the appeal.
NOTE

Authority cited: Section 2770, Public Resources Code. Reference: Sections 2770(c)-(e) and 21000 et seq., Public Resources Code; and Section 15000 et seq., California Code of Regulations.
HISTORY

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Amendment filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
§3653. Technical Review for Adequacy of Reclamation Plan.
Note     •     History

(a) The Board may consult with the technical staff of the Department of Conservation for determination of the adequacy of reclamation plans prepared for surface mining operations that are appealed to the Board. Preliminary determination of technical adequacy shall be based on, but shall not be limited to, the following:
(1) Substantial compliance with the requirements of PRC Sections 2772 and 2773;
(2) Substantial compliance with the requirements of Board rules and regulations (14 CCR Sections 3500 et seq. and Sections 3700 et seq.);
(3) Substantial compliance with the reclamation provisions of the lead agency surface mining and reclamation ordinance as certified by the Board pursuant to the provisions of PRC 2774; and
(4) Whether the proposed reclamation plan is technically feasible given the scope of the mining operations.
(b) The determination of whether substantial compliance with PRC Sections 2772 and 2773, 14 CCR Sections 3500 et seq. and Sections 3700 et seq., and the Board-certified lead agency surface mining and reclamation ordinance have been met shall be based on whether all elements of these provisions that are necessary to ensure viable, planned reclamation of a particular site are included and are technically feasible so as to satisfy the objectives of the Surface Mining and Reclamation Act. For example, a description of revegetation efforts might not be necessary for a pit to be used as a landfill, just as a description of final slope angles may not be necessary for a gravel bar skimming operation. In other sites, however, such information may be critical. In all cases, a site visit by the technical staff of the Department of Conservation shall be made before substantial compliance is determined.
NOTE

Authority cited: Section 2770, Public Resources Code. Reference: Sections 2770(c)-(e) and 2774, Public Resources Code.
HISTORY

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Change without regulatory effect amending subsections (a), (a)(2) and (b)  filed 5-1-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 18).
3. Amendment of subsections (a), (a)(2) and (b) filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
§3654. Hearing Procedures--Scheduling.
Note     •     History

The Board shall schedule and hold a public hearing on an appeal no later than 45 days from the filing of the complete administrative record, or at such time as may be mutually agreed upon by the Board and the appellant. The hearing may be scheduled as part of a regular business meeting of the Board or may be conducted by a committee of the Board. The Board shall endeavor to schedule such public hearings in the jurisdiction from which the appeal originated, but may otherwise schedule such appeals to be heard in Sacramento.
NOTE

Authority cited: Section 2770, Public Resources Code. Reference: Sections 2770(c)-(e), Public Resources Code.
HISTORY

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
§3655. Hearing Procedures--Authority for Delegation.
Note     •     History

The Board may delegate conduct of the hearing to a committee of at least two members of the Board to be appointed for that hearing by the Chairman of the Board. The Chairman of the Board or the Chairman's designee (Board Member) shall conduct the hearing; the recommendations of the committee shall be presented to a quorum of the Board at a regular business meeting for a decision of the full Board consistent with the procedures set forth in Section 3659 of these regulations.
NOTE

Authority cited: Section 2770, Public Resources Code. Reference: Sections 2770(c)-(e), Public Resources Code.
HISTORY

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Amendment filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
§3656. Hearing Procedures--Notice.
Note     •     History

(a) At least 10 days prior to the hearing, the Board shall give public notice as follows:
(1) Mailing the notice to the lead agency and to the appellant;
(2) Mailing the notice to any person who requests notice of the appeal or hearing;
(3) Mailing the notice to the Board's regular mailing list; and
(4) Posting of the notice in a place where notices are customarily placed within the jurisdiction of the lead agency.
(b) The notice of hearing shall include the following:
(1) The name of the appellant;
(2) Identification of the proposed reclamation plan, a brief description of the location of the surface mining operation for which the reclamation plan was prepared by reference to any commonly known landmarks in the area, and a simple location map indicating the general location of the operation;
(3) A statement that the appellant has appealed the lead agency's decision to deny approval of the reclamation plan, or that the lead agency is being challenged based on failure to act according to due process, or that the lead agency is being challenged based on failure to act within a reasonable period of time;
(4) A statement explaining that the Board may approve or deny approval of the reclamation plan, and that if the reclamation plan is denied approval, it shall be returned to the operator who then must revise it and resubmit the revised plan to the lead agency within 30 days of receipt from the Board;
(5) A statement inviting the appellant, the lead agency, and the public to make statements at the hearing regarding the action (or inaction) of the lead agency; and
(6) The time, date, and location of the public hearing.
NOTE

Authority cited: Section 2770, Public Resources Code. Reference: Sections 2770(c)-(e), Public Resources Code.
HISTORY

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Amendment of subsection (a) filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
§3657. Hearing Procedures--Record.
Note     •     History

The record before the Board at the public hearing shall be the administrative record submitted pursuant to Sections 3650 and 3652 of this article, together with any findings from the technical review pursuant to Section 3653 of this article, and any CEQA documents prepared pursuant to Section 3652 of this article.
NOTE

Authority cited: Section 2770, Public Resources Code. Reference: Sections 2770(c)-(e) and 2774, Public Resources Code.
HISTORY

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
§3658. Hearing Procedures--Sequence.
Note     •     History

(a) The public hearing shall normally proceed in the following manner:
(1) Identification of the record;
(2) Statements on behalf of the appellant;
(3) Statements on behalf of the lead agency;
(4) Statements on behalf of the public;
(5) Rebuttal on behalf of the appellant; and
(6) Motion to close the public hearing.
(b) Notwithstanding the above, the Chairman or the Chairman's designee (Board Member) for purposes of conducting the hearing may in the exercise of discretion, determine the order of the proceedings.
(c) The Chairman or the Chairman's designee (Board Member) shall have the authority to impose time limits upon statements and presentations and accept written statements in lieu of oral statements. Written statements (12 copies) must be submitted to the Board at least five days prior to the hearing.
(d) The public hearing shall be recorded.
NOTE

Authority cited: Section 2770, Public Resources Code. Reference: Sections 2770(c)-(e), Public Resources Code.
HISTORY

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Amendment of subsection (c) filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
§3659. Hearing Procedures--Determination.
Note     •     History

Following the public hearing, the Board shall determine whether, based on the record before it, the proposed reclamation plan substantially meets the requirements of PRC 2772 and 2773 and the lead agency surface mining and reclamation ordinance, and the provisions of Section 3654 of this article. Notification of the Board's determination shall be made by certified mail to the appellant and the lead agency within 15 days following the regular business meeting of the Board at which the decision is made. In cases where the reclamation plan is not approved, deficiencies shall be noted in the correspondence notifying the appellant and the lead agency of the Board's decision, and the operator shall be put on notice that deficiencies must be corrected and a revised reclamation plan filed with the lead agency within 30 days.
NOTE

Authority cited: Section 2770, Public Resources Code. Reference: Sections 2770(c)-(e), 2772, 2773 and 2774, Public Resources Code.
HISTORY

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
Article 6. Mineral Resource Management Policies
§3675. Definitions.
Note     •     History

The following definitions as used herein shall govern the interpretation of these regulations:
Compatible Land Use. Land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing, and open space.
Incompatible Land Use. Land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial, and commercial.
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2761-2762, Public Resources Code.
HISTORY

1. New section filed 10-12-88; operative 11-11-88 (Register 88, No. 42).
§3676. Mineral Resource Management Policies.
Note     •     History

Lead agency mineral resource management policies adopted pursuant to the provisions of PRC Section 2762 shall include but not be limited to, the following:
(a) A summary of the information provided by the classification and/or designation reports, or incorporation of PRC Sections 2710 et seq., and state policy by reference, together with maps of the identified mineral deposits or incorporation by reference of the classification and/or designation maps provided by the Board.
(b) Statements of policy in accordance with the provisions of PRC Section 2762(a).
(c) Implementation measures that shall include:
(1) Reference in the general plan of the location of identified mineral deposits, and a discussion of those areas targeted for conservation and possible future extraction by the lead agency.
(2) Use of overlay maps or inclusion of information on any appropriate planning maps to clearly delineate identified mineral deposits and those areas targeted by the lead agency for conservation and possible future extraction.
(3) At least one of the following:
(A) Use of special purpose overlay zones, mineral resource/open space zoning, or any other appropriate zoning that identifies the presence of identified mineral deposits and restricts the encroachment of incompatible land uses in those areas that are to be conserved.
(B) Record, on property titles in the affected mineral resource areas, a notice identifying the presence of identified mineral deposits.
(C) Impose conditions upon incompatible land uses in and surrounding areas containing identified mineral deposits for the purpose of mitigating the significant land use conflicts prior to approving a use that would otherwise be incompatible with mineral extraction.
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2757 and 2761-63, Public Resources Code.
HISTORY

1. New section filed 10-12-88; operative 11-11-88 (Register 88, No. 42)
Article 7. Financial Assurances Appeal Procedures
§3680. Purpose of Regulations.
Note     •     History

The regulations contained in this article govern procedures for appeals to the State Mining and Geology Board (“the Board”) concerning financial assurances for reclamation of existing surface mining operations under section 2770 of the Public Resources Code.
NOTE

Authority cited: Sections 2755 and 2770, Public Resources Code. Reference: Section 2770, Public Resources Code.
HISTORY

1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).
§3681. Filing of Intent to Appeal.
Note     •     History

Any person filing an appeal to the Board pursuant to section 2770 of the Public Resources Code concerning financial assurances for reclamation shall, within 15 days of exhausting his or her right to appeal in accordance with the procedures of the lead agency, file a notice of intent to appeal by submitting the following information:
(1) A map indicating the exact location of the surface mining operation, including township and range.
(2) A copy of all documents which together comprise the financial assurances for reclamation which are the subject of the appeal.
(3) Written statements, with supporting documentation, indicating the basis for the appellant's challenge of the action or inaction by the lead agency concerning financial assurances for reclamation.
(4) Copy of the notice to the lead agency that the appellant intends to file an appeal with the Board.
NOTE

Authority cited: Sections 2755 and 2770, Public Resources Code. Reference: Section 2770, Public Resources Code.
HISTORY

1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).
§3682. Determination of Jurisdiction.
Note     •     History

The Chairman of the Board, or the Chairman's designee (Board Member), shall determine whether the appeal is within the jurisdiction of the Board for purposes of hearing the appeal, and determine whether the appellant's challenge raises any substantial issues related to the review by the lead agency of financial assurances for reclamation for existing surface mining operations pursuant to Public Resources Code section 2770. If the Chairman finds, based on the criteria stated in (a) through (c) below, that the appeal raises no substantial issues with respect to the review by the lead agency of financial assurances for existing surface mining operations under Public Resources Code section 2770, he or she shall refuse to grant a hearing on the appeal. In making this determination, the Chairman shall consider the following:
(a) Whether the appeal raises any issues which legally can be addressed by the Board within the limits of Public Resources Code section 2770 and the rules of the Board;
(b) Whether the appeal specifically relates to the lead agency's review of financial assurances submitted for existing surface mining operations pursuant to the provisions of Public Resources Code section 2770; and
(c) Whether the appellant exhausted his or her appeal remedies before the lead agency.
NOTE

Authority cited: Sections 2755 and 2770, Public Resources Code. Reference: Section 2770, Public Resources Code.
HISTORY

1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).
§3683. Limit on Number of Filings of Appeal.
Note     •     History

Upon a finding by the Chairman, or the Chairman's designee (Board Member), that the appeal is not within the jurisdiction of the Board, the appellant may refile the notice of intent to appeal, once only, with the identified information needed to complete the appeal, within 21 days of receipt of the letter of denial of the original notice of intent to appeal.
NOTE

Authority cited: Sections 2755 and 2770, Public Resources Code. Reference: Section 2770, Public Resources Code.
HISTORY

1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).
§3684. Administrative Record.
Note     •     History

(a) Once the appellant has been notified that a determination has been made that an appeal is within the jurisdiction of the Board for purposes of hearing the appeal, the appellant shall submit three certified copies of the complete administrative record, which shall include, but shall not be limited to, all of the following information:
(1) A copy of the approved reclamation plan for the mining operation and any permit conditions or California Environmental Quality Act mitigations which pertain to reclamation for which the financial assurances for reclamation are proposed;
(2) A copy of the documents comprising the financial assurances or the proposed financial assurances for reclamation which were submitted to the lead agency for review and approval pursuant to Public Resources Code section 2770;
(3) Location and site description maps submitted to the lead agency as part of the reclamation plan;
(4) A detailed estimate of the cost of the reclamation, in accordance with the approved reclamation plan, of the lands remaining disturbed and/or to be disturbed by the surface mining operation in the applicable twelve (12) month period, together with a map clearly delineating the boundaries of those lands;
(5) All reports, findings, communications, correspondence and statements in the file of the lead agency relating to the financial assurances in question;
(6) Written transcripts of all public hearings related to the lead agency's review of the financial assurances.
(b) Failure of the appellant to request the administrative record from the lead agency within 21 days of receiving the notice stating the Board's acceptance of the appeal, may be deemed grounds for dismissal of the appeal.
(c) If the appellant is unable to obtain the administrative record from the lead agency within 10 working days after submission of the request for the record, the appellant shall so notify the Board in writing. The Board may then require the lead agency to immediately submit three certified copies of the administrative record to the Board for purposes of hearing the appeal without undue delay.
(d) Failure of the lead agency to produce the administrative record upon request of the Board within 30 days may be deemed grounds for Board action based on information provided solely by the appellant.
(e) Following production of the administrative record by the lead agency, failure of the appellant to produce the administrative record upon the request of the Board within 21 days may be deemed grounds for dismissal of the appeal.
NOTE

Authority cited: Sections 2755 and 2770, Public Resources Code. Reference: Section 2770, Public Resources Code.
HISTORY

1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).
§3685. Hearing Procedures - Scheduling.
Note     •     History

The Board shall schedule and hold a public hearing on an appeal no later than 45 days from the filing of the complete administrative record, or at such time as may be mutually agreed upon by the Board and the appellant. The hearing may be scheduled as part of a regular business meeting of the Board or may be conducted by a committee of the Board.
NOTE

Authority cited: Sections 2755 and 2770, Public Resources Code. Reference: Section 2770, Public Resources Code.
HISTORY

1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).
§3686. Hearing Procedures - Authority for Delegation.
Note     •     History

The Board may delegate conduct of the hearing to a committee of at least two Board members to be appointed for that hearing by the Chairman of the Board. The Chairman of the Board or the Chairman's designee (Board Member) shall conduct the hearing; the recommendations of the committee shall be presented to a quorum of the board at a regular business meeting for a decision of the full Board consistent with the procedures set forth in section 3690 of these regulations.
NOTE

Authority cited: Sections 2755 and 2770, Public Resources Code. Reference: Section 2770, Public Resources Code.
HISTORY

1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).
§3687. Hearing Procedures - Notice.
Note     •     History

(a) At least 10 working days prior to the hearing, the Board shall give public notice as follows:
(1) Mailing the notice to the lead agency and to the appellant;
(2) Mailing the notice to any person who requests notice of the appeal or hearing;
(3) Mailing the notice to the Board's regular mailing list; and
(4) Posting of the notice in a place where notices are customarily placed within the jurisdiction of the lead agency.
(b) The notice of hearing shall include the following:
(1) The name of the appellant;
(2) Description of the financial assurances for reclamation, identification of the surface mining operation for which the financial assurances for reclamation were provided, a brief description of the location of the surface mining operation by reference to any commonly known landmarks in the area, and a simple location map indicating the general location of the operation;
(3) A statement of the grounds for the appeal;
(4) A statement that the Board may approve or deny approval of the financial assurances for reclamation;
(5) A statement that if the Board denies approval of the financial assurances, they shall be returned to the mine operator who shall be granted, once only, a period of 30 days, or a longer period mutually agreed upon by the operator and the Board, to correct the noted deficiencies and submit the revised financial assurances to the lead agency for review and approval;
(6) A statement inviting the appellant, the lead agency, and the public to provide testimony and evidence at the hearing regarding the action or inaction of the lead agency; and
(7) The time, date, and location of the public hearing.
NOTE

Authority cited: Sections 2755 and 2770, Public Resources Code. Reference: Section 2770, Public Resources Code.
HISTORY

1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).
§3688. Hearing Procedures - Record.
Note     •     History

The record before the Board at the public hearing shall be the administrative record submitted pursuant to sections 3681 and 3684 of this article.
NOTE

Authority cited: Sections 2755 and 2770, Public Resources Code. Reference: Sections 2770 and 2774, Public Resources Code.
HISTORY

1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).
§3689. Hearing Procedures - Sequence.
Note     •     History

(a) The public hearing shall normally proceed in the following manner:
(1) Identification of the record;
(2) Statements on behalf of the appellant;
(3) Statements on behalf of the lead agency;
(4) Statements on behalf of the public;
(5) Rebuttal on behalf of the appellant; and
(6) Motion to close the public hearing.
(b) Notwithstanding the above, the Chairman or the Chairman's designee (Board Member) for purposes of conducting the hearing may, in the exercise of discretion, determine the order of the proceedings.
(c) The Chairman or the Chairman's designee (Board Member) shall have the authority to impose time limits upon statements and presentations and to accept written statements in lieu of oral statements. Written statements shall be submitted to the Board at least ten days prior to the hearing.
(d) The public hearing shall be recorded.
NOTE

Authority cited: Sections 2755 and 2770, Public Resources Code. Reference: Section 2770, Public Resources Code.
HISTORY

1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).
§3690. Hearing Procedures - Determination.
Note     •     History

Following the public hearing, the Board shall determine whether, based on the record before it, the proposed or existing financial assurances for reclamation substantially meet the applicable requirements of Public Resources Code sections 2770, 2773.1., and the lead agency surface mining ordinance adopted pursuant to subdivision (a) of section 2774. Financial assurances determined to meet these requirements shall be approved. Notification of the Board's determination shall be made by certified mail to the appellant and the lead agency within 15 days following the regular business meeting of the Board at which the decision was made. In cases where the financial assurances for reclamation are not approved, deficiencies shall be noted in the correspondence notifying the appellant and the lead agency of the Board's decision. The appellant shall be granted, once only, a period of 30 days, or a longer period mutually agreed upon by the operator and the Board, to correct the noted deficiencies and submit the revised financial assurances for reclamation to the lead agency for review and approval.
NOTE

Authority cited: Sections 2755 and 2770, Public Resources Code. Reference: Sections 2770 and 2774, Public Resources Code.
HISTORY

1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).
Article 8. Fees Schedule
§3695. Definitions.
Note     •     History

The following definitions shall govern the interpretation of these regulations:
“Produced Minerals” means minerals extracted at the site of the mining operation, and either:
(a) sold, given or otherwise moved off the site of the operation, as defined in the approved reclamation plan, or; 
(b) used on--site for production of completed products (e.g. cement, bricks, asphaltic concrete, etc.),
Stockpiles of mineral products that remain on the site, as defined in the lead agency approved reclamation plan, are not produced minerals for purposes of these regulations.
“Primary Mineral Commodity Produced” means the produced mineral that provides the highest dollar values sales for the operation.
“Board” means State Mining and Geology Board.
As used in Section 3697 and 3699 “Mining Company” means any entity, corporation, partnership, parent or holding company. Any subsidiaries of the above are deemed to be part of the mining company.
As used in section 3699, “Gross Income” means all income from whatever source derived as defined by, and determined in accordance with, Section 61 of the Internal Revenue Code, Title 26, U.S.C.S.
“Aggregate Products” means decomposed granite, sand and gravel, slag, or stone.
“Industrial Minerals” means borates, cinders, clay, diatomite, dolomite, gypsum, iron ore, lime, limestone, perlite, pumice, rare earth elements, saline compounds, salt, shale, silica, specialty sand, abrasives, asbestos, barite, bituminous rock, decorative rock, dimension stone, feldspar, fluorite, gemstones, graphite, kyanite, lignite, lithium, magnesite, mica, olivine, peat, phosphate, potash, pyrophyllite, quartz crystal, sea shells, sericite, sulfur, talc, vermiculite, wollastonite, zeolites, and zircon.
“Gold, Silver, and Precious Metals” means gold (lode), gold (placer), platinum group metals, and silver.
“Base Metals and Other Metals” means antimony, arsenic, chromite, copper, lead, manganese, mercury, molybdenum, nickel, pyrite, tin, titanium, tungsten, uranium, vanadium, and zinc.
NOTE

Authority cited: Sections 2207(d)(1)-(2), Public Resources Code. Reference: Sections 2207(d)(1)-(2) and 2207(f), Public Resources Code.
HISTORY

1. Renumbering of former section 3695 to section 3696, and new section filed 4-22-92 as an emergency; operative 5-1-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 9-18-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance  as to 4-22-92 order transmitted to OAL 8-28-92 and filed 10-13-92 (Register 92, No. 42).
3. Amendment adding Gross income filed 4-30-93 as an emergency; operative 4-30-93 (Register 93, No. 18). A Certificate of Compliance must be transmitted to OAL 8-30-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-30-93 order transmitted to OAL 8-10-93 and filed 9-22-93 (Register 93, No. 39).
5. New definitions “Board” and “Mining Company” and amendment of Note filed 4-28-94 as an emergency; operative 5-1-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-29-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-29-94 order transmitted to OAL 8-26-94 and filed 10-6-94 (Register 94, No. 40).
7. Amendment filed 4-20-95 as an emergency; operative 5-1-95 (Register 95, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-29-95 or emergency language will be repealed by operation of law on the following day.
§3696. Operations Subject to Fees.
Note     •     History

(a) Each surface mining operation, as defined in Public Resources Code Sections 2719, 2727.1, 2735, and California Code of Regulations, Title 14, Section 3501, unless exempted by Public Resources Code Section 2714, shall be assessed an annual reporting fee according to the schedule established pursuant to in Section 3698 each May 1 following the reporting calendar year.
(b) In addition to the annual reporting fee, each surface mining operation that is newly permitted shall be assessed an initial reporting fee according to the schedule in Section 3698 of this article.
NOTE

Authority cited: Section 2207, Public Resources Code. Reference: Sections 2207 and 2719, Public Resources Code.
HISTORY

1. New section filed 4-17-91 as an emergency; operative 5-1-91 (Register 91, No. 19). A Certificate of Compliance must be transmitted to OAL by 8-29-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 1-9-92; operative 1-9-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 12).
3. Renumbering of former section 3695 to section 3696 filed 4-22-92 as an emergency; operative 5-1-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 9-18-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance  as to 4-22-92 order transmitted to OAL 8-28-92 and filed 10-13-92 (Register 92, No. 42).
5. Amendment of section and Note filed 4-30-93 as an emergency; operative 4-30-93 (Register 93, No. 18). A Certificate of Compliance must be transmitted to OAL 8-30-93 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-30-93 order transmitted to OAL 8-10-93 and filed 9-22-93 (Register 93, No. 39).
7. Amendment of section and Note filed 4-28-94 as an emergency; operative 5-1-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-29-94 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 4-29-94 order transmitted to OAL 8-26-94 and filed 10-6-94 (Register 94, No. 40).
9. Amendment filed 4-20-95 as an emergency; operative 5-1-95 (Register 95, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-29-95 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 5-1-95 order transmitted to OAL 8-2-95 and filed 9-8-95 (Register 95, No. 36).
11. Amendment filed 4-9-96 as an emergency; operative 5-1-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-8-96 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 4-9-96 order transmitted to OAL 7-26-96 and filed 8-21-96 (Register 96, No. 34).
13. Amendment of subsection (b) and Note filed 4-21-97 as an emergency; operative 5-1-97 pursuant to Government Code section 11343.4(c). A Certificate of Compliance must be transmitted to OAL by 8-29-97 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 4-21-97 order, including further amendments, transmitted to OAL 5-30-97 and filed 7-11-97 (Register 97, No. 28).
§3696.5. Board Administration Fee.
Note     •     History

Each surface mining operation, as defined in Public Resources Code sections 2719, 2727.1, and 2735, and, Title 14 California Code of Regulations, Section 3501, unless exempted by Public Resources Code Section 2714, shall be assessed each January 31 an annual administration fee of $14 (fourteen dollars) per day for each day of the previous calendar year that the surface mine operation was under the board's jurisdiction as lead agency pursuant to Chapter 9, commencing with Section 2710. The administration fee is due and payable to the State Mining and Geology Board not later than April 1 each year by the surface mine's owner or operator of record on the preceding December 31.
NOTE

Authority cited: Sections 2207 and 2755, Public Resources Code. Reference: Section 2207, Public Resources Code.
HISTORY

1. New section filed 11-8-2004; operative 12-8-2004 (Register 2004, No. 46).
2. Amendment filed 6-20-2007; operative 7-20-2007 (Register 2007, No. 25).
§3697. Fees Due and Delinquent.
Note     •     History

(a) The annual reporting fee and Mining Operation Annual Report (MRRC-2) are due and payable to the Department of Conservation not later than July 1 for the prior reporting year, by the owner or operator of record on the preceding December 31. The initial reporting fee for a new surface mining operation, together with an initial report, are due and payable to the Department of Conservation not later than thirty (30) days after permit approval.  An owner or operator of a surface mining operation submitting an annual reporting fee or annual report after July 1, or more than thirty (30) days after permit approval, shall be assessed a penalty fee and interest as provided in Public Resources Code Section 2207(c) and (d)(5).
(b) Except as otherwise provided in (c), for the purposes of this article, surface mining operations are deemed to be discrete operations per each reclamation plan required.
(c) Multiple site surface mining operations are deemed to be those active surface mining operations which meet all of the following criteria:
(1) one or more surface mining operations are operated on one or more sites by a single operator or mining company;
(2) the total annual combined mineral production for all sites is less than 100 troy ounces for precious metals, if precious metals are the primary mineral commodity produced, or less than 100,000 short tons if the primary mineral commodity product is not precious metals;
(3) all of the sites included are active;
(4) all of the operator or company's entire active surface mining operations located in the State of California are tied to, or located on, the listed sites; and
(d) In addition to the criteria provided in (c), multiple site mining operator's submittal of the annual report form (Mining Operation Annual Report, Form MRRC-2) shall be accompanied by a multiple site form (Multiple Site Single Fee Request, Form MRRC-4M) supplied by the Department of Conservation.
NOTE

Authority cited: Section 2207, Public Resources Code. Reference: Section 2207, Public Resources Code.
HISTORY

1. New section filed 4-17-91 as an emergency; operative 5-1-91 (Register 91, No. 19). A Certificate of Compliance must be transmitted to OAL by 8-29-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 1-9-92; operative 1-9-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 12).
3. Repealer of former section 3697 and renumbering and amendment of section 3696 to section 3697 filed 4-22-92 as an emergency; operative 5-1-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 9-18-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance  as to 4-22-92 order including amendment of  section transmitted to OAL 8-28-92 and filed 10-13-92 (Register 92, No. 42).
5. Amendment filed 4-30-93 as an emergency; operative 4-30-93 (Register 93, No. 18). A Certificate of Compliance must be transmitted to OAL 8-30-93 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-30-93 order transmitted to OAL 8-10-93 and filed 9-22-93 (Register 93, No. 39).
7. Amendment of section and Note filed 4-28-94 as an emergency; operative 5-1-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-29-94 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 4-29-94 order transmitted to OAL 8-26-94 and filed 10-6-94 (Register 94, No. 40).
9. Amendment of subsections (a) and (d) filed 4-20-95 as an emergency; operative 5-1-95 (Register 95, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-29-95 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 5-1-95 order including amendment of subsections (a), (c)(2), (c)(4) and (d) transmitted to OAL 8-2-95 and filed 9-8-95 (Register 95, No. 36).
11. Amendment of subsections (a) and (d) filed 4-9-96 as an emergency; operative 5-1-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-8-96 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 4-9-96 order transmitted to OAL 7-26-96 and filed 8-21-96 (Register 96, No. 34).
13. Amendment of subsections (a) and (d) and Note filed 4-21-97 as an emergency; operative 5-1-97 pursuant to Government Code section 11343.4(c). A Certificate of Compliance must be transmitted to OAL by 8-29-97 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 4-21-97 order, including further amendment of subsections (a) and (d), transmitted to OAL 5-30-97 and filed 7-11-97 (Register 97, No. 28).
§3698. Fees Calculation.
Note     •     History

Annual reporting fees cited in sections 3698 and 3699 shall be adjusted for the cost of living as measured by the California Consumer Price Index for all urban consumers, calendar year averages, using the percentage change in the previous year, beginning with the 2005-2006 fiscal year and annually thereafter.
(a) The annual reporting fee for a multiple site surface mining operation shall be four thousand dollars ($4,000).
(b) The annual reporting fee for surface mining operations which are no longer in operation with no intent to resume, which had no mineral production in the reporting calendar year, and
(1) which did not complete reclamation during the reporting calendar year shall be $100; or
(2) which completed reclamation during the reporting calendar year shall be $100. Proof of completion of reclamation, approved by the lead agency, shall be submitted with this fee.
(c) Except as otherwise provided, the annual reporting fee for surface mining operations shall be calculated on the total primary mineral commodity produced in the reporting calendar year. A factor to determine the amount of fee adjustments from one reporting calendar year to the next shall be calculated according to the following formula:

[((ATRY) - (ATPY))/(ATPY)] = Factor
Where: Adjusted Total (AT) equals the Amount Requested by the Director, less a projected amount from fees set in CCR §3698(a)(b)(d)(e) and CCR §3699, and less a projected amount from mine operations subject to the maximum fee amount of $4,000;
Where: ATRY is the Adjusted Total for the current “Reporting Year”
Where: ATPY is the Adjusted Total for the “Prior Year”
The new Fee Amount for each category is determined by the following formulae (calculated amounts cannot be less than $100 or more than $4,000, as adjusted for the cost of living as measured by the California Consumer Price Index for all urban consumers, calendar year averages, using the percentage change in the previous year, beginning with the 2005-2006 fiscal year and annually thereafter, and may be rounded to the nearest $1 (one dollar):
Formula 1: Current Year Reporting Fee = Prior Year Reporting Fee times (1 + Factor) if Factor is positive;
Formula 2: Current Year Reporting Fee = Prior Year Reporting Fee times (1 - Factor) if Factor is negative.
(1) Operations where the primary mineral commodity produced is either aggregate products or industrial minerals shall be assessed a fee as follows:

	 Tons	Fee in Dollars

	0	-	100	Formula 1 or 2 (not less than $100)
	>100	-	1,000	Formula 1 or 2
	>1,000	-	10,000	Formula 1 or 2
	>10,000	-	50,000	Formula 1 or 2
	>50,000	-	 100,000	Formula 1 or 2
			>100,000	4,000
(2) Operations where the primary mineral commodity produced is gold, silver, or precious metals shall be assessed a fee as follows:

	Ounces	Fee in Dollars

	0	-	1	Formula 1 or 2 (not less than $100)
	>1	-	10	Formula 1 or 2
	>10	-	50	Formula 1 or 2
	>50	-	150	Formula 1 or 2
	>150	-	300	Formula 1 or 2
		>	300	4,000
(3) Operations where the primary mineral commodity produced is base metals or other metals shall be assessed a fee as follows:

	Pounds	Fee in Dollars

	0	-	10	Formula 1 or 2 (not less than $100)
	>10	-	100	Formula 1 or 2
	>100	-	1,000	Formula 1 or 2
	>1,000	-	10,000	Formula 1 or 2
	>10,000	-	20,000	Formula 1 or 2
			>20,000	4,000
(d) The initial reporting fee for surface mining operations shall be five hundred dollars ($500). 
(e) The annual reporting fee for newly permitted surface mining operations which have not yet begun operations shall be one hundred dollars ($100).
(f) In addition to the annual reporting fees, the board shall collect five dollars ($5) per ounce of gold and ten cents ($0.10) per ounce of silver based on the amount of product mined within the state during the reporting year.
NOTE

Authority cited: Section 2207, Public Resources Code. Reference: Section 2207, Public Resources Code.
HISTORY

1. New section filed 4-17-91 as an emergency; operative 5-1-91 (Register 91, No. 19). A Certificate of Compliance must be transmitted to OAL by 8-29-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 1-9-92; operative 1-9-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 12).
3. Amendment filed 4-22-92 as an emergency; operative 5-1-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 9-18-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance  as to 4-22-92 order including amendment of  subsection (d) transmitted to OAL 8-28-92 and filed 10-13-92 (Register 92, No. 42).
5. Amendment filed 4-30-93 as an emergency; operative 4-30-93 (Register 93, No. 18). A Certificate of Compliance must be transmitted to OAL 8-30-93 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-30-93 order transmitted to OAL 8-10-93 and filed 9-22-93 (Register 93, No. 39).
7. Amendment of section and Note filed 4-28-94 as an emergency; operative 5-1-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-29-94 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 4-29-94 order transmitted to OAL 8-26-94 and filed 10-6-94 (Register 94, No. 40).
9. Amendment of subsections (b)-(d) filed 4-20-95 as an emergency; operative 5-1-95 (Register 95, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-29-95 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 5-1-95 order including amendment of subsection (b)(2) transmitted to OAL 8-2-95 and filed 9-8-95 (Register 95, No. 36).
11. Amendment of subsections (b)-(e) filed 4-9-96 as an emergency; operative 5-1-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-8-96 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 4-9-96 order transmitted to OAL 7-26-96 and filed 8-21-96 (Register 96, No. 34).
13. Amendment of section and Note filed 4-21-97 as an emergency; operative 5-1-97 pursuant to Government Code section 11343.4(c). A Certificate of Compliance must be transmitted to OAL by 8-29-97 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 4-21-97 order, including further amendment of subsections (b)-(c), transmitted to OAL 5-30-97 and filed 7-11-97 (Register 97, No. 28).
15. Amendment filed 3-8-2004 as an emergency; operative 3-8-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-6-2004 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 3-8-2004 order transmitted to OAL 6-21-2004 and filed 7-30-2004 (Register 2004, No. 31).
§3699. Low Gross Exemptions.
Note     •     History

(a) For the calendar reporting year, a single operator or mining company may file with the Office of Mine Reclamation of the Department of Conservation, a written request for an exemption from the method of fee assessment set forth in Section 3698. Neither the State, nor any county, city, district or other political subdivision shall be eligible for an exemption under this Section. A request for an exemption must be filed on a form (Low Gross Exemption Fee Request, Form MRRC-4L) supplied by the Department of Conservation and received by the Department of Conservation by July 1 following the calendar reporting year. The Department of Conservation shall grant the exemption if information submitted and confirmed by the annual report form and approved reclamation plan, clearly demonstrates that the operation meets the following criteria:
(1) material is extracted from one surface mining operation, and lead agency approval of a reclamation plan and financial assurance has been obtained; and
(2) all of the single operator or mining company's  surface mining operation located in the State of California is tied to, or located on, one site; and
(3) the amount of the operator's gross income from the surface mining operation for the reporting calendar year was less than $100,000, and proof of gross income is supplied in the form of a signed federal tax return or returns accompanied by a complete and signed Federal Internal Revenue Service Form 4506, or a report prepared and signed by a certified public accountant; and
(4) the owner or operator has submitted an annual reporting fee of four hundred dollars ($400) as adjusted for the cost of living as measured by the California Consumer Price Index for all urban consumers, calendar year averages, using the percentage change in the previous year, beginning with the 2005-2006 fiscal year and annually thereafter.
(b) For any request received on or before July 1 following the reporting calendar year the Department may afford the applicant one 30-day period in which to correct minor deficiencies in the application.
(c) If the Department of Conservation determines that an exemption is not warranted, the operator may appeal that determination to the Board. The appeal must be submitted in writing within fifteen (15) days of the denial of exemption notification by the Department of Conservation. The Chairman of the Board or his designee (Board Member), shall determine whether the Board has jurisdiction for the purposes of an appeal. In order for the Board to have jurisdiction the appeal must:
(1) Demonstrate the exemption request was complete and filed in a timely fashion;
(2) Specifically relate to the exemption criteria outlined in this Section; and
(3) Specify the appellant's arguments for granting the exemption.
(d) If the appeal is within the Board's jurisdiction, the Board, based on all the evidence in the record, may affirm the Department's decision or grant the exemption. If the operator does not appeal, the appeal is not within the Board's jurisdiction, or the Board affirms the Department's decision, the operator or owner shall submit an annual reporting fee calculated upon the total mineral commodity produced pursuant to Section 3698. Such fee shall be submitted within thirty (30) days of notification by the Department of Conservation or the Board. An operator or owner submitting an annual reporting fee later than thirty (30) days after notification shall be assessed a penalty and interest as provided in Public Resources Code Section 2207(d)(5).
NOTE

Authority cited: Section 2207, Public Resources Code. Reference: Section 2207, Public Resources Code.
HISTORY

1. New section filed 1-9-92; operative 1-9-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 12).
2. Amendment filed 4-22-92 as an emergency; operative 5-1-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 9-18-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance  as to 4-22-92 order transmitted to OAL 8-28-92 and filed 10-13-92 (Register 92, No. 42).
4. Amendment filed 4-30-93 as an emergency; operative 4-30-93 (Register 93, No. 18). A Certificate of Compliance must be transmitted to OAL 8-30-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-30-93 order, including amendment of subsections (a)(1)-(2) and (b)(3) transmitted to OAL 8-10-93 and filed 9-22-93 (Register 93, No.  39).
6. Amendment of section and Note filed 4-28-94 as an emergency; operative 5-1-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-29-94 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 4-29-94 order transmitted to OAL 8-26-94 and filed 10-6-94 (Register 94, No. 40).
8. Amendment of section, Note, and Forms MRRC-4L and MRRC-4M filed 4-20-95 as an emergency; operative 5-1-95 (Register 95, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-29-95 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 5-1-95 order including amendment of subsection (b) and new Form MRRC-2 transmitted to OAL 8-2-95 and filed 9-8-95 (Register 95, No. 36).
10. Amendment of subsections (a), (a)(3) and (b), and repealer and new Forms MRRC-2, MRRC-4L and MRRC-4M filed 4-9-96 as an emergency; operative 5-1-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-8-96 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 4-9-96 order transmitted to OAL 7-26-96 and filed 8-21-96 (Register 96, No. 34).
12. Amendment of subsections (a), (a)(3), (b) and (d), amendment of and Note, and amendment of forms MRRC-2, MRRC-4L and MRRC-4M filed 4-21-97 as an emergency; operative 5-1-97 pursuant to Government Code section 11343.4(c). A Certificate of Compliance must be transmitted to OAL by 8-29-97 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 4-21-97 order, including further amendment of subsections (a) and (b) and forms MRRC-2, MRRC-4L and MRRC-4M, transmitted to OAL 5-30-97 and filed 7-11-97 (Register 97, No. 28).
14. Editorial correction amending subsection (a) and inserting inadvertently omitted subsection (c) (Register 2004, No. 11).
15. Amendment of subsections (a) and (a)(4) filed 3-8-2004 as an emergency; operative 3-8-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-6-2004 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 3-8-2004 order transmitted to OAL 6-21-2004 and filed 7-30-2004 (Register 2004, No. 31).

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Article 9. Reclamation Standards
§3700. Applicability.
Note     •     History

Reclamation of mined lands shall be implemented in conformance with the standards in this Article.
(a) The standards shall apply to each surface mining operation to the extent that:
(1) they are consistent with required mitigation identified in conformance with the California Environmental Quality Act, provided that such mitigation is at least as stringent as the standards; and
(2) they are consistent with the planned or actual subsequent use or uses of the mining site.
(b) Where an applicant demonstrates to the satisfaction of the lead agency that an exception to the standards specified in this article is necessary based upon the approved end use, the lead agency may approve a different standard for inclusion in the approved reclamation plan. Where the lead agency allows such an exception, the approved reclamation plan shall specify verifiable, site-specific standards for reclamation. The lead agency may set standards which are more stringent than the standards set forth in this Article; however, in no case may the lead agency approve a reclamation plan which sets any standard which is less stringent than the comparable standard specified in this Article.
(c) When substantial amendments are proposed to reclamation plans which were approved prior to January 15, 1993, the standards set forth in this Article shall be applied by the lead agency in approving or denying approval of the amended reclamation plan.
(d) The standards in this Article shall not apply to mining operations:
(1) which completed reclamation prior to January 15, 1993, in conformance with an approved reclamation plan; or
(2) for which a reclamation plan has been approved prior to January 15, 1993.
NOTE

Authority cited: Sections 2755, 2756 and 2773, Public Resources Code. Reference: Section 2773, Public Resources Code.
HISTORY

1. New article 9 (sections 3700-3713) filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
§3701. Definitions.
Note     •     History

The following definitions shall govern the interpretation of these regulations:
“Arid” means landscapes with an average annual precipitation of five inches or less.
“Contamination” means an impairment of the quality of the waters of the state to a degree which creates a hazard to the public health through poisoning or through the spread of disease.
“Highwall” means the unexcavated face of exposed overburden and ore in a surface mine.
“Indigenous Plants” means plants occurring naturally in an area, not introduced.
“Native Species” means plant species indigenous to California, using pre-European as the historic time reference.
“Noxious Weeds” means any species of plant that is or is likely to become destructive or difficult to control or eradicate, and is termed to be so by the Director of the Department of Food and Agriculture in section 4500, Title 3 of the California Code of Regulations, pursuant to the Food and Agriculture Code section 5004 et seq.
“Vegetative Cover” means the vertical projection of the crown or shoot area of a species to the ground surface expressed as a percentage of the reference area (percentage can be greater than 100 percent).
“Vegetative Density” means the number of individuals or stems of each species rooted within the given reference area.
“Vegetative Species-richness” means the number of different plant species within the given reference area.
“Wetlands” for the purposes of these regulations, the definition of wetlands shall be the same as defined in the California Fish and Game Code, section 2785, subdivision (g).
NOTE

Authority cited: Sections 2755, 2756 and 2773, Public Resources Code. Reference: Section 2773, Public Resources Code.
HISTORY

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
§3702. Financial Assurances.
Note     •     History

Lead agencies shall require financial assurances for reclamation in accordance with Public Resources Code section 2773.1 to ensure that reclamation is performed in accordance with the approved reclamation plan and with this article.
NOTE

Authority cited: Sections 2755, 2773 and 2773.1, Public Resources Code. Reference: Sections 2773 and 2773.1, Public Resources Code.
HISTORY

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
§3703. Performance Standards for Wildlife Habitat.
Note     •     History

Wildlife and wildlife habitat shall be protected in accordance with the following standards:
(a) Rare, threatened or endangered species as listed by the California Department of Fish and Game, (California Code of Regulations, Title 14, sections 670.2 - 670.5) or the U.S. Fish and Wildlife Service, (50 CFR 17.11 and 17.12) or species of special concern as listed by the California Department of Fish and Game in the Special Animals List, Natural Diversity Data Base, and their respective habitat, shall be conserved as prescribed by the federal Endangered Species Act of 1973, 16 U.S.C. section 1531 et seq., and the California Endangered Species Act, Fish and Game Code section 2050 et seq. If avoidance cannot be achieved through the available alternatives, mitigation shall be proposed in accordance with the provisions of the California Endangered Species Act, Fish and Game Code section 2050 et seq., and the federal Endangered Species Act of 1973, 16 U.S.C. section 1531 et seq.
(b) Wildlife habitat shall be established on disturbed land in a condition at least as good as that which existed before the lands were disturbed by surface mining operations, unless the proposed end use precludes its use as wildlife habitat or the approved reclamation plan establishes a different habitat type than that which existed prior to mining.
(c) Wetland habitat shall be avoided. Any wetland habitat impacted as a consequence of surface mining operations shall be mitigated at a minimum of one to one ratio for wetland habitat acreage and wetland habitat value.
NOTE

Authority cited: Sections 2755, 2756 and 2773, Public Resources Code. Reference: Section 2773, Public Resources Code.
HISTORY

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
§3704. Performance Standards for Backfilling, Regrading, Slope Stability, and Recontouring.
Note     •     History

Backfilling, regrading, slope stabilization, and recontouring shall conform with the following standards:
(a) Where backfilling is proposed for urban uses (e.g., roads, building sites, or other improvements sensitive to settlement), the fill material shall be compacted in accordance with the Uniform Building Code, published by the International Conference of Building Officials and as adopted by the lead agency, the local grading ordinance, or other methods approved by the lead agency as appropriate for the approved end use.
(b) Where backfilling is required for resource conservation purposes (e.g., agriculture, fish and wildlife habitat, and wildland conservation), fill material shall be backfilled to the standards required for the resource conservation use involved.
(c) Piles or dumps of mining waste shall be stockpiled in such a manner as to facilitate phased reclamation. They shall be segregated from topsoil and topsoil substitutes or growth media salvaged for use in reclamation.
(d) Final reclaimed fill slopes, including permanent piles or dumps of mine waste rock and overburden, shall not exceed 2:1 (horizontal:vertical), except when site-specific geologic and engineering analysis demonstrate that the proposed final slope will have a minimum slope stability factor of safety that is suitable for the proposed end use, and when the proposed final slope can be successfully revegetated.
(e) At closure, all fill slopes, including permanent piles or dumps of mine waste and overburden, shall conform with the surrounding topography and/or approved end use.
(f) Cut slopes, including final highwalls and quarry faces, shall have a minimum slope stability factor of safety that is suitable for the proposed end use and conform with the surrounding topography and/or approved end use.
(g) Permanent placement of piles or dumps of mining waste and overburden shall not occur within wetlands unless mitigation acceptable to the regulatory agencies with jurisdiction over wetlands, which may include the lead agency, has been proposed to offset wetland impacts and/or losses.
NOTE

Authority cited: Sections 2755, 2756 and 2773, Public Resources Code. Reference: Section 2773, Public Resources Code.
HISTORY

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of subsections (a) and (g) filed 10-31-2000; operative 11-30-2000 (Register 2000, No. 44).
§3704.1. Performance Standards for Backfilling Excavations and Recontouring Lands Disturbed by Open Pit Surface Mining Operations for Metallic Minerals.
Note     •     History

Notwithstanding the provisions of Section 3700(b) of this Article, no reclamation plan, including any reclamation plan in which the end use is for wildlife habitat, wildland conservation, or open space, or financial assurance for a surface mining operation subject to the provisions of this section, shall be approved by a lead agency unless the reclamation plan meets the provisions of this section. Financial assurances must be maintained in an amount sufficient to provide for the backfilling and contour grading of the mined lands as required in this section. 
(a) An open pit excavation created by surface mining activities for the production of metallic minerals shall be backfilled to achieve not less than the original surface elevation, unless the circumstances under subsection (h) are determined by the lead agency to exist. 
(b) Backfilling shall be engineered, and backfilled materials shall be treated, if necessary, to meet all of the provisions of Title 27, California Code of Regulations, Division 2, Chapter 7, Subchapter 1, Mining Waste Management, commencing with Section 22470, and the applicable Regional Water Quality Control Board's Water Quality Control Plan. 
(c) Excavated materials remaining in overburden piles, waste rock piles, and processed or leached ore piles not used in the backfilling process and remaining on the mine site shall be graded and contoured to create a final surface that is consistent with the original topography of the area. Care shall be taken to avoid the creation of un-natural topographic features, impediments to natural drainage, or conditions hazardous to human life and wildlife. 
(d) Backfilling, recontouring, and revegetation activities shall be performed in clearly defined phases to the engineering and geologic standards required for the end use of the site as stipulated in the approved reclamation plan. All fills and fill slopes shall be designed to protect groundwater quality, to prevent surface water ponding, to facilitate revegetation, to convey runoff in a non-erosive manner, and to account for long term settlement. 
(e) The requirements of subsections (a), (b), (c), and (d) notwithstanding, no final reclaimed fill slopes shall exceed 2:1 (horizontal:vertical), nor shall the resultant topography exceed in height the pre-mining surface contour elevations by more than 25 feet. Final fill slopes shall have static and dynamic factors of safety, as determined by an engineer licensed in California, that are suitable for the proposed end use of the site and meet or exceed the requirements of applicable building or grading codes, ordinances, statutes, and regulations. Final slopes must be capable of being revegetated, and shall blend visually with the local topography. Surface soil shall be salvaged, stored, and reapplied to facilitate revegetation of recontoured material in accordance with the requirements of Section 3711 of this Article. 
(f) For the purposes of this section, a metallic mine is defined as one where more than ten percent of the mining operation's gross annual revenues as averaged over the last five years are derived from the production of, or any combination of, the following metallic minerals by the open pit extraction method: Precious metals (gold, silver, platinum); 
Iron; 
Nickel; 
Copper; 
Lead; 
Tin; 
Ferro-alloy metals (tungsten, chromium, manganese); 
Mercury; 
Uranium and thorium; 
Minor metals including rubidium, strontium, and cesium; 
Niobium and tantalum; 
(g) For the purposes of this regulation, an open pit mine is the same as an open pit quarry, opencast mine, or opencut mine, and is defined as a mine working or excavation that is open to the surface and in which the opening is approximately the full size of the excavation. 
(h) The requirement to backfill an open pit excavation to the surface pursuant to this section using materials mined on site shall not apply if there remains on the mined lands at the conclusion of mining activities, in the form of overburden piles, waste rock piles, and processed or leached ore piles, an insufficient volume of materials to completely backfill the open pit excavation to the surface, and where, in addition, none of the mined materials has been removed from the mined lands in violation of the approved reclamation plan. In such case, the open pit excavation shall be backfilled in accordance with subsections (b) and (d) to an elevation that utilizes all of the available material remaining as overburden, waste rock, and processed or leached ore. 
(i) This regulation does not apply to any surface mining operation as defined in Public Resources Code Section 2735(a) and (b) for which the lead agency has issued final approval of a reclamation plan and a financial assurance prior to December 18, 2002. 
NOTE

Authority cited: Sections 2755 and 2756, Public Resources Code; Reference: Sections 2733, 2772 and 2773, Public Resources Code.
HISTORY

1. New section filed 12-18-2002 as an emergency; operative 12-18-2002 (Register 2002, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-17-2003 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-15-2003 as an emergency; operative 4-15-2003 (Register 2003, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-13-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-15-2003 order, including repealer and new section, transmitted to OAL 4-18-2003 and filed 5-30-2003  (Register 2003, No. 22).
§3705. Performance Standards for Revegetation.
Note     •     History

Revegetation shall be part of the approved plan, unless it is not consistent with the approved end use.
(a) A vegetative cover suitable for the proposed end use and capable of self-regeneration without continued dependence on irrigation, soil amendments or fertilizer shall be established on disturbed land unless an artificially maintained landscape is consistent with the approved reclamation plan. Vegetative cover or density, and species-richness shall be, where appropriate, sufficient to stabilize the surface against effects of long-term erosion and shall be similar to naturally occurring habitats in the surrounding area. The vegetative density, cover and species richness of naturally occurring habitats shall be documented in baseline studies carried out prior to the initiation of mining activities. However, for areas that will not be reclaimed to prior conditions, the use of data from reference areas in lieu of baseline site data is permissible.
(b) Test plots conducted simultaneously with mining shall be required to determine the most appropriate planting procedures to be followed to ensure successful implementation of the proposed revegetation plan. The lead agency may waive the requirement to conduct test plots when the success of the proposed revegetation plan can be documented from experience with similar species and conditions or by relying on competent professional advice based on experience with the species to be planted.
(c) Where surface mining activities result in compaction of the soil, ripping, disking, or other means shall be used in areas to be revegetated to eliminate compaction and to establish a suitable root zone in preparation for planting.
(d) Prior to closure, all access roads,  haul roads, and other traffic routes to be reclaimed shall be stripped of any remaining roadbase materials, prepared in accordance with subsection 3705(g), covered with suitable growth media or topsoil, and revegetated. When it is not necessary to remove roadbase materials for revegetative purposes, lead agencies may set a different standard as specified in section 3700(b) of this Article.
(e) Soil analysis shall be required to determine the presence or absence of elements essential for plant growth and to determine those soluble elements that may be toxic to plants, if the soil has been chemically altered or if the growth media consists of other than the native topsoil. If soil analysis suggests that fertility levels or soil constituents are inadequate to successfully implement the revegetative program, fertilizer or other soil amendments may be incorporated into the soil. When native plant materials are used, preference shall be given to slow-release fertilizers, including mineral and organic materials that mimic natural sources, and shall be added in amounts similar to those found in reference soils under natural vegetation of the type being reclaimed.
(f) Temporary access for exploration or other short-term uses on arid lands shall not disrupt the soil surface except where necessary to gain safe access. Barriers shall be installed when necessary to gain safe access. Barriers shall be installed when necessary to prevent unauthorized vehicular traffic from interfering with the reclamation of temporary access routes.
(g) Native plant species shall be used for revegetation, except when introduced species are necessary to meet the end uses specified in the approved reclamation plan. Areas to be developed for industrial, commercial, or residential use shall be revegetated for the interim period, as necessary, to control erosion. In this circumstance, non-native plant species may be used if they are not noxious weeds and if they are species known not to displace native species in the area.
(h) Planting shall be conducted during the most favorable period of the year for plant establishment.
(i) Soil stabilizing practices shall be used where necessary to control erosion and for successful plant establishment. Irrigation may be used when necessary to establish vegetation.
(j) If irrigation is used, the operator must demonstrate that the vegetation has been self-sustaining without irrigation for a minimum of two years prior to release of the financial assurances by the lead agency, unless an artificially maintained landscape is consistent with the approved end use.
(k) Noxious weeds shall be managed: (1) when they threaten the success of the proposed revegetation; (2) to prevent spreading to nearby areas; and (3) to eliminate fire hazard.
(l) Protection measures, such as fencing of revegetated areas and/or the placement of cages over individual plants, shall be used in areas where grazing, trampling, herbivory, or other causes threaten the success of the proposed revegetation. Fencing shall be maintained until revegetation efforts are successfully completed and the lead agency authorizes removal.
(m) Success of revegetation shall be judged based upon the effectiveness of the vegetation for the approved end use, and by comparing the quantified measures of vegetative cover, density, and species-richness of the reclaimed mined-lands to similar parameters of naturally occurring vegetation in the area. Either baseline data or data from nearby reference areas may be used as the standard for comparison. Quantitative standards for success and the location(s) of the reference area(s) shall be set forth in the approved reclamation plan. Comparisons shall be made until performance standards are met provided that, during the last two years, there has been no human intervention, including, for example, irrigation, fertilization, or weeding. Standards for success shall be based on expected local recovery rates. Valid sampling techniques for measuring success shall be specified in the approved reclamation plan. Sample sizes must be sufficient to produce at least an 80 percent confidence level. There are standard statistical methods in commonly available literature for determining an 80 percent confidence level on a site-by-site basis. Examples of such literature include, but are not limited to, D. Mueller-Dombois and H. Ellenberg, 1974, “Aims and Methods of Vegetation Ecology”, John Wiley and Sons, Inc., or C. D. Bonham, 1988, “Measurements for Terrestrial Vegetation”, John Wiley and Sons, Inc., and are available at many university libraries. The texts are also available at some local libraries through the Inter-Library Loan Program. 
NOTE

Authority cited: Sections 2755, 2756 and 2773, Public Resources Code. Reference: Section 2773, Public Resources Code.
HISTORY

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
§3706. Performance Standards for Drainage, Diversion Structures, Waterways, and Erosion Control.
Note     •     History

(a) Surface mining and reclamation activities shall be conducted to protect on-site and downstream beneficial uses of water in accordance with the Porter-Cologne Water Quality Control Act, Water Code section 13000, et seq., and the Federal Clean Water Act, 33 U.S.C. section 1251, et seq.
(b) The quality of water, recharge potential, and storage capacity of ground water aquifers which are the source of water for domestic, agricultural, or other uses dependent on the water, shall not be diminished, except as allowed in the approved reclamation plan.
(c) Erosion and sedimentation shall be controlled during all phases of construction, operation, reclamation, and closure of a surface mining operation to minimize siltation of lakes and watercourses, as required by the Regional Water Quality Control Board or the State Water Resources Control Board.
(d) Surface runoff and drainage from surface mining activities shall be controlled by berms, silt fences, sediment ponds, revegetation, hay bales, or other erosion control measures, to ensure that surrounding land and water resources are protected from erosion, gullying, sedimentation and contamination. Erosion control methods shall be designed to handle runoff from not less than the 20 year/1 hour intensity storm event.
(e) Where natural drainages are covered, restricted, rerouted, or otherwise impacted by surface mining activities, mitigating alternatives shall be proposed and specifically approved in the reclamation plan to assure that runoff shall not cause increased erosion or sedimentation.
(f) When stream diversions are required, they shall be constructed in accordance with:
(1) the stream and lake alteration agreement between the operator and the Department of Fish and Game; and
(2) the requirements of the Federal Clean Water Act, Sections 301 (33 U.S.C. 1311) and Section 404 (33 U.S.C. 1344) and/or Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(g) When no longer needed to achieve the purpose for which they were authorized, all temporary stream channel diversions shall be removed and the affected land reclaimed.
NOTE

Authority cited: Sections 2755, 2756 and 2773, Public Resources Code. Reference: Section 2773, Public Resources Code.
HISTORY

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
§3707. Performance Standards for Prime Agricultural Land Reclamation.
Note     •     History

In addition to the standards for topsoil salvage, maintenance, and redistribution, the following standards shall apply to mining operations on prime agricultural lands where the approved end use is agriculture:
(a) Mining operations which will operate on prime agricultural lands, as defined by the U.S. Soil Conservation Service, shall return all disturbed areas to a fertility level as specified in the approved reclamation plan.
(b) When distinct soil horizons are present, topsoil shall be salvaged and segregated by defined A, B, and C soil horizons. Upon reconstruction of the soil, the sequence of horizons shall have the A atop the B, the B atop the C, and the C atop graded overburden.
(c) Reclamation shall be deemed complete when productive capability of the affected land is equivalent to or exceeds, for two consecutive crop years, that of the premining condition or similar crop production in the area. Productivity rates, based on reference areas described in the approved reclamation plan, shall be specified in the approved reclamation plan.
(d) Use of fertilizers or other soil amendments shall not cause contamination of surface or ground water.
NOTE

Authority cited: Sections 2755, 2756 and 2773, Public Resources Code. Reference: Section 2773, Public Resources Code.
HISTORY

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
§3708. Performance Standards for Other Agricultural Land.
Note     •     History

The following standards shall apply to agricultural lands, other than prime agricultural lands, when the approved end use is agriculture.
In addition to the standards for topsoil salvage, maintenance, and redistribution, non-prime agricultural lands shall be reclaimed so as to be capable of sustaining economically viable production of crops commonly grown in the surrounding areas.
NOTE

Authority cited: Sections 2755, 2756 and 2773, Public Resources Code. Reference: Section 2773, Public Resources Code.
HISTORY

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
§3709. Performance Standards for Building, Structure, and Equipment Removal.
Note     •     History

(a) All equipment, supplies and other materials shall be stored in designated areas (as shown in the approved reclamation plan). All waste shall be disposed of in accordance with state and local health and safety ordinances.
(b) All buildings, structures, and equipment shall be dismantled and removed prior to final mine closure except those buildings, structures, and equipment approved in the reclamation plan as necessary for the end use.
NOTE

Authority cited: Sections 2755, 2756 and 2773, Public Resources Code. Reference: Section 2773, Public Resources Code.
HISTORY

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
§3710. Performance Standards for Stream Protection, Including Surface and Groundwater.
Note     •     History

(a) Surface and groundwater shall be protected from siltation and pollutants which may diminish water quality as required by the Federal Clean Water Act, sections 301 et seq. (33 U.S.C. section 1311), 404 et seq. (33 U.S.C. section 1344), the Porter-Cologne Act, section 13000 et seq., County anti-siltation ordinances, the Regional Water Quality Control Board or the State Water Resources Control Board.
(b) In-stream surface mining operations shall be conducted in compliance with Section 16000 et seq. of the California Fish and Game Code, section 404 of the Clean Water Act, and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(c) Extraction of sand and gravel from river channels shall be regulated to control channel degredation in order to prevent undermining of bridge supports, exposure of pipelines or other structures buried within the channel, loss of spawning habitat, lowering of ground water levels, destruction of riparian vegetation, and increased stream bank erosion (exceptions may be specified in the approved reclamation plan). Changes in channel elevations and bank erosion shall be evaluated annually using records of annual extraction quantities and benchmarked annual cross sections and/or sequential aerial photographs to determine appropriate extraction locations and rates.
(d) In accordance with requirements of the California Fish and Game Code section 1600 et seq., in-stream mining activities shall not cause fish to become entrapped in pools or in off-channel pits, nor shall they restrict spawning or migratory activities.
NOTE

Authority cited: Sections 2755, 2756 and 2773, Public Resources Code. Reference: Section 2773, Public Resources Code.
HISTORY

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
§3711. Performance Standards for Topsoil Salvage, Maintenance, and Redistribution.
Note     •     History

When the approved reclamation plan calls for revegetation or cultivation of disturbed lands, the following performance standards shall apply to topsoil salvage, maintenance, and redistribution activities:
(a) All salvageable topsoil suitable for revegetation shall be removed as a separate layer from areas to be disturbed by mining operations. Topsoil and vegetation removal shall not precede surface mining activities by more than one year, unless a longer time period is approved by the lead agency.
(b) Topsoil resources shall be mapped prior to stripping and the location of topsoil stockpiles shall be shown on a map in the reclamation plan. If the amount of topsoil needed to cover all surfaces to be revegetated is not available on site, other suitable material capable of sustaining vegetation (such as subsoil) shall be removed as a separate layer for use as a suitable growth media. Topsoil and suitable growth media shall be maintained in separate stockpiles. Test plots may be required to determine the suitability of growth media for revegatation purposes.
(c) Soil salvage operations and phases of reclamation shall be carried out in accordance with a schedule that: (1) is set forth in the approved reclamation plan; (2) minimizes the area disturbed; and (3) is designed to achieve maximum revegetation success allowable under the mining plan.
(d) Topsoil and suitable growth media shall be used to phase reclamation as soon as can be accommodated by the mining schedule presented in the approved reclamation plan following the mining of an area. Topsoil and suitable growth media that cannot  be utilized immediately for reclamation shall be stockpiled in an area where it will not be disturbed until needed for reclamation. Topsoil and suitable growth media stockpiles shall be clearly identified to distinguish them from mine waste dumps. Topsoil and suitable growth media stockpiles shall be planted with a vegetative cover or shall be protected by other equally effective measures to prevent water and wind erosion and to discourage weeds. Relocation of topsoil or suitable growth media stockpiles for purposes other than reclamation shall require prior written approval from the lead agency.
(e) Topsoil and suitable growth media shall be redistributed in a manner that results in a stable, uniform thickness consistent with the approved end use, site configuration, and drainage patterns.
NOTE

Authority cited: Sections 2755, 2756 and 2773, Public Resources Code. Reference: Section 2773, Public Resources Code.
HISTORY

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
§3712. Performance Standards for Tailing and Mine Waste Management.
Note     •     History

State Water Resources Control Board mine waste disposal regulations in Article 1, Subchapter 1, Chapter 7 of Title 27, California Code of Regulations, shall govern mine waste and tailings, and mine waste disposal units shall be reclaimed in conformance with this article.
NOTE

Authority cited: Sections 2755, 2756 and 2773, Public Resources Code. Reference: Section 2773, Public Resources Code.
HISTORY

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Change without regulatory effect amending section filed 5-1-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 18).
§3713. Performance Standards for Closure of Surface Openings.
Note     •     History

(a) Except those used solely for blasting or those that will be mined through within one year, all drill holes, water wells, and monitoring wells shall be completed or abandoned in accordance with each of the following:
(1) Water Code sections 13700, et seq. and 13800, et seq.;
(2) the applicable local ordinance adopted pursuant to Water Code section 13803;
(3) the applicable Department of Water Resources report issued pursuant to Water Code section 13800; and
(4) Subdivisions (1) and (2) of section 2511(g) of Chapter 15 of Title 23 regarding discharge of waste to land.
(b) Prior to closure, all portals, shafts, tunnels, or other surface openings to underground workings shall be gated or otherwise protected from public entry in order to eliminate any threat to public safety and to preserve access for wildlife habitat.
NOTE

Authority cited: Sections 2755, 2756 and 2773, Public Resources Code. Reference: Section 2773, Public Resources Code.
HISTORY

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
Article 10. Seismic Hazards Mapping
§3720. Purpose.
Note     •     History

These regulations shall govern the exercise of city, county and state agency responsibilities to identify and map seismic hazard zones and to mitigate seismic hazards to protect public health and safety in accordance with the provisions of the Public Resources Code, section 2690 et seq. (Seismic Hazards Mapping Act).
NOTE

Authority cited: Section 2695, Public Resources Code. Reference: Section 2695(a)(1) and (3)-(5), Public Resources Code.
HISTORY

1. New section filed 1-27-92; operative 2-26-92 (Register 92, No. 12).
§3721. Definitions.
Note     •     History

(a) “ Acceptable Level” means that level that provides reasonable protection of the public safety, though it does not necessarily ensure continued structural integrity and functionality of the project.
(b) “Lead Agency” means the city, county or state agency with the authority to approve projects.
(c) “Registered civil engineer” or “certified engineering geologist” means a civil engineer or engineering geologist who is registered or certified in the State of California.
NOTE

Authority cited: Section 2695, Public Resources Code. Reference: Sections 2690-2696.6, Public Resources Code.
HISTORY

1. New section filed 1-27-92; operative 2-26-92 (Register 92, No. 12).
§3722. Requirements for Mapping Seismic Hazard Zones.
Note     •     History

(a) The Department of Conservation, Division of Mines and Geology, shall prepare one of more State-wide probabilistic ground shaking maps for a suitably defined reference soil column. One of the maps shall show ground shaking levels which have a 10% probability of being exceeded in 50 years. These maps shall be used with the following criteria to define seismic hazard zones:
(1) Amplified shaking hazard zones shall be delineated as areas where historic occurrence of amplified ground shaking, or local geological and geotechnical conditions indicate a potential for ground shaking to be amplified to a level such that mitigation as defined in Public Resources Code Section 2693(c) would be required.
(2) Liquefaction hazard zones shall be delineated as areas where historic occurrence of liquefaction, or local geological, geotechnical and ground water conditions indicate a potential for permanent ground displacements such that mitigation as defined in Public Resources Code Section 2693(c) would be required.
(3) Earthquake-induced landslide hazard zones shall be delineated as areas where Holocene occurrence of landslide movement, or local slope of terrain, and geological, geotechnical and ground moisture conditions indicate a potential for permanent ground displacements such that mitigation as defined in Public Resources Code Section 2693(c) would be required.
(b) Highest priority for mapping seismic hazard zones shall be given to areas facing urbanization or redevelopment in conjunction with the factors listed in section 2695(a)(2)(A), (B), (C) and (D) of the Public Resources Code.
NOTE

Authority cited: Section 2695, Public Resources Code. Reference: Section 2695(a)(1), Public Resources Code.
HISTORY

1. New section filed 1-27-92; operative 2-26-92 (Register 92, No. 12).
§3723. Review of Preliminary Seismic Hazard Zones Maps.
Note     •     History

(a) The Mining and Geology Board shall provide an opportunity for receipt of public comments and recommendations during the 90-day period for review of preliminary seismic hazard zone maps provided by the Public Resources Code Section 2696. At least one public hearing shall be scheduled for that purpose.
(b) Following the end of the review period, the Board shall forward its comments and recommendations, with supporting data received, to the State Geologist for consideration prior to revision and official issuance of the maps.
NOTE

Authority cited: Section 2696, Public Resources Code. Reference: Section 2696, Public Resources Code.
HISTORY

1. New section filed 1-27-92; operative 2-26-92 (Register 92, No. 12).
§3724. Specific Criteria for Project Approval.
Note     •     History

The following specific criteria for project approval shall apply within seismic hazard zones and shall be used by affected lead agencies in complying with the provisions of the Act:
(a) A project shall be approved only when the nature and severity of the seismic hazards at the site have been evaluated in a geotechnical report and appropriate mitigation measures have been proposed.
(b) The geotechnical report shall be prepared by a registered civil engineer or certified engineering geologist, having competence in the field of seismic hazard evaluation and mitigation. The geotechnical report shall contain site-specific evaluations of the seismic hazard affecting the project, and shall identify portions of the project site containing seismic hazards. The report shall also identify off-site seismic hazards that could adversely affect the site in the event of an earthquake. The contents of the geotechnical report shall include, but shall not be limited, the following:
(1) Project description.
(2) A description of the geologic and geotechnical conditions at the site, including an appropriate site location map.
(3) Evaluation of site-specific seismic hazards based on geological and geotechnical conditions, in accordance with current standards of practice.
(4) Recommendations for appropriate mitigation measures as required in section 3724 (a), above
(5) Name of report preparer(s), and signature(s) of a certified engineering geologist and/or registered civil engineer, having competence in the field of seismic hazard evaluation and mitigation.
(c) Prior to approving the project, the lead agency shall independently review the geotechnical report to determine the adequacy of the hazard evaluation and proposed mitigation measures and to determine that the requirements of section 3724 (a), above, are satisfied. Such reviews shall be conducted by a certified engineering geologist or registered civil engineer, having competence in the field of seismic hazard evaluation and mitigation.
NOTE

Authority cited: Section 2695, Public Resources Code. Reference: Section 2695(a)(3)(A), (B), and (C), Public Resources Code.
HISTORY

1. New section filed 1-27-92; operative 2-26-92 (Register 92, No. 12).
§3725. Waivers of Geotechnical Report Requirements.
Note     •     History

For a specific project, the lead agency may determine that the geological and geotechnical conditions at the site are such that public safety is adequately protected and no mitigation is required. This finding shall be based on a report presenting evaluations of sites in the immediate vicinity having similar geologic and geotechnical characteristics. The report shall be prepared by a certified engineering geologist or registered civil engineer, having competence in the field of seismic hazard evaluation and mitigation. The lead agency shall review submitted reports in the same manner as in section 3724(c) of this article. The lead agency shall also provide a written commentary that addresses the report conclusions and the justification for applying the conclusions contained in the report to the project site. When the lead agency makes such a finding, it may waive the requirement of a geotechnical report for the project. All such waivers shall be recorded with the county recorder and a separate copy, together with the report and the commentary, filed with the State Geologist within 30 days of the waiver.
NOTE

Authority cited: Section 2695, Public Resources Code. Reference: Section 2697(a)(5), Public Resources Code.
HISTORY

1. New section filed 1-27-92; operative 2-26-92 (Register 92, No. 12).
Article 10.5. Selection of Professional Service Firms
§3726. Selection of Professional Service Firms.
Note     •     History

(a) The purpose of these regulations is to establish those procedures authorized and required by Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. These regulations are specific to the Seismic Hazards Mapping Act (PRC Section 2690 et. seq.).
(b) Selection by the department for professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.
NOTE

Authority cited: Section 2695, Public Resources Code; and Section 4526, Government Code. Reference: Sections 4525-4529.5, Government Code.
HISTORY

1. New article 10.5 (sections 3726-3736) and section filed 10-25-2000; operative 11-24-2000 (Register 2000, No. 43).
§3727. Definitions, As Used in These Regulations.
Note     •     History

(a) “Small business” shall mean a small business firm as defined by the Director of General Services (section 1896 of Title 2 of the California Code of Regulations) pursuant to section 14837 of the Government Code.
(b) “Architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services” are those services to be procured outside State of California Civil Service procedures and of a character necessarily rendered by an architect, landscape architect, engineer, environmental specialist, land surveyor, or construction project management contractor but may include ancillary services logically or justifiably performed in connection therewith.
(c) “Project” means a project as defined in Section 10105 of the Public Contract Code, or as defined in the Public Resources Code Section 21065.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4525 and 14837, Government Code; Section 10105, Public Contract Code; and Section 21065, Public Resources Code.
HISTORY

1. New section filed 10-25-2000; operative 11-24-2000 (Register 2000, No. 43).
§3728. Establishment of Criteria.
Note     •     History

(a) The department shall establish criteria, on a case by case instance, which will comprise the basis for selection for each project. The criteria shall include such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel to be assigned, staff capability, workload, ability to meet schedules, nature and quality of completed work, reliability and continuity of the firm, location, and other considerations deemed relevant. Such factors shall be weighted by the department according to the nature of the project, the needs of the State and complexity and special requirements of the specific project.
(b) In no event shall the criteria include practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration. Department employees with a relationship to a person or business entity seeking a contract under this section are prohibited from participating in the selection process if the employees would be subject to the prohibition of Section 87100 of the Government Code.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 87100, Government Code.
HISTORY

1. New section filed 10-25-2000; operative 11-24-2000 (Register 2000, No. 43).
§3729. Estimate of Value of Services.
Note     •     History

Before any discussion with any firm concerning fees, the department may cause an estimate of the value of such services to be prepared. This estimate shall serve as a guide in determining fair and reasonable compensation for the services rendered. Such estimate shall be, and remain, confidential until award of contract or abandonment of any further procedure for the services to which it relates. At any time the department determines the estimates to be unrealistic because of rising costs, special conditions, or for other relevant considerations, the estimate may be reevaluated and modified if necessary.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4528, Government Code.
HISTORY

1. New section filed 10-25-2000; operative 11-24-2000 (Register 2000, No. 43).
§3730. Request for Proposals.
Note     •     History

(a) Where a project requires architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services, the department shall make an announcement through a publication of the respective professional society, if any exist, in a construction trade journal or, if none exist, in other appropriate publications that are published within a reasonable time frame such that a lengthy publication delay does not adversely affect the project.
(b) The announcement shall contain the following information: The nature of the work, the criteria upon which the award shall be made, and the time within which statements of interest, qualification and performance data will be received.
(c) The department shall endeavor to provide to all small business firms who have indicated an interest in receiving such, a copy of each announcement for projects for which the department concludes that small business firms could be especially qualified. A failure of the department to send a copy of an announcement to any firm shall not operate to preclude any contract.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4527, Government Code.
HISTORY

1. New section filed 10-25-2000; operative 11-24-2000 (Register 2000, No. 43).
§3731. Selection of Firm.
Note     •     History

After expiration of the period stated in the publications or other public announcements, the department shall evaluate statements of qualifications and performance data which have been submitted to the department. Discussions shall be conducted with no less than three firms regarding the required service. Where three firms cannot be found which could provide the required service, a full explanation including names and addresses of firms and individuals requested to submit proposals must be entered in the files. From the firms with which discussions are held, the department shall select no less than three, provided at least three firms submit proposals, in order of preference, based upon the established criteria, which are deemed to be the most highly qualified to provide the services required.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526-4527, Government Code.
HISTORY

1. New section filed 10-25-2000; operative 11-24-2000 (Register 2000, No. 43).
§3732. Negotiation.
Note     •     History

The department shall attempt to negotiate a contract with the most highly qualified firm. When the department is unable to negotiate a satisfactory contract with this firm with fair and reasonable compensation provisions, as determined by the procedure set forth in Section 3729 if those procedures were used, negotiations shall be terminated. The department shall then undertake negotiations with the second most qualified firm on the same basis. Failing accord, negotiations shall be terminated. The department shall then undertake negotiations with the third most qualified firm on the same basis. Failing accord, negotiations shall be terminated. Should the department be unable to negotiate a satisfactory contract at fair and reasonable compensation with any of the selected firms, additional firms may be selected in the manner prescribed in this article and the negotiation procedure continued.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4528, Government Code.
HISTORY

1. New section filed 10-25-2000; operative 11-24-2000 (Register 2000, No. 43).
§3733. Amendments.
Note     •     History

In instances where the department effects a necessary change in the project during the course of performance of the contract, the firm's compensation may be adjusted by negotiation of a mutual written agreement in a fair and reasonable amount where the amount of work to be performed by the firm is changed from that which existed previously in the contemplation of the parties.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4526, Government Code.
HISTORY

1. New section filed 10-25-2000; operative 11-24-2000 (Register 2000, No. 43).
§3734. Contracting in Phases.
Note     •     History

Should the department determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price or compensation provisions in the initial instance, provided that the department shall have determined that the firm is best qualified to perform the whole project at a fair and reasonable cost, and the contract contains provisions that the department, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated and reflected in a subsequent written instrument. The procedure with regard to estimates and negotiation shall otherwise be applicable.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4526, Government Code.
HISTORY

1. New section filed 10-25-2000; operative 11-24-2000 (Register 2000, No. 43).
§3735. Department's Power to Require Bids.
Note     •     History

Where the department determines that the services needed are technical in nature and involve little professional judgment and that requiring bids would be in the public interest, a contract shall be awarded on the basis of bids rather than by following the foregoing procedures for requesting proposals and negotiation.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4529, Government Code.
HISTORY

1. New section filed 10-25-2000; operative 11-24-2000 (Register 2000, No. 43).
§3736. Exclusions.
Note     •     History

The provisions of this article shall not apply to service agreements for an architect, landscape architect, engineer, environmental specialist, land surveyor, or construction project management contractor, engaged to provide consulting services on specific problems on projects where the architectural, landscape architectural, engineering, environmental, land surveying, or construction project management work is being performed by State of California Civil Service employees.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4526, Government Code.
HISTORY

1. New section filed 10-25-2000; operative 11-24-2000 (Register 2000, No. 43).
Article 11. Financial Assurance Mechanisms
§3800. Purpose.
Note     •     History

It is the purpose of this article to specify additional financial assurance mechanisms to assure reclamation pursuant to Public Resources Code Section 2710 et seq. (Surface Mining and Reclamation Act, as amended).
NOTE

Authority cited: Section 2773.1, Public Resources Code.  Reference: Section 2773.1(e), Public Resources Code.
HISTORY

1. New article 10 and section filed 2-23-94 as an emergency; operative 2-23-94 (Register 94, No. 8).  A Certificate of Compliance must be transmitted to OAL by 6-23-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-23-94 order including  renumbering of  article heading transmitted to OAL 6-22-94 and filed 8-3-94 (Register 94, No. 31).
§3801. Authority.
Note     •     History

Review, approval, adjustment, enforcement, notification, forfeiture and all other responsibilities of the lead agency, operator and Department of Conservation with respect to financial assurances shall be conducted as prescribed in Public Resources Code Section 2710 et seq. unless expressly outlined in this article.
NOTE

Authority cited: Section 2773.1, Public Resources Code.  Reference: Section 2773.1(e), Public Resources Code.
HISTORY

1. New section filed 2-23-94 as an emergency; operative 2-23-94 (Register 94, No. 8).  A Certificate of Compliance must be transmitted to OAL by 6-23-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-23-94 order transmitted to OAL 6-22-94 and filed 8-3-94 (Register 94, No. 31).
§3802. Definitions.
Note     •     History

The following definitions shall govern the interpretation of this article:
(a) “Budget Set Aside” means a financial assurance mechanism, meeting the requirements of Section 3806.2 of this article, by which a government entity proposes to make specific identified monies within the entity's budget available to perform reclamation pursuant to the approved reclamation plan.
(b) “Financial Assurance Amount” means that amount of money necessary to conduct and complete reclamation on the mined lands in accordance with the approved reclamation plan, plus a reasonable estimate of the administrative costs and expenses which would be incurred by the lead agency or the Department of Conservation, the total of which shall be calculated in accordance with section 3804, and shall constitute an obligation to pay by the operator.
(c) “Financial Assurance” means an instrument, fund or other form of Financial Assurance as provided in Section 2773.1(a) and (e) of the Public Resources Code and this Article.
(d) “Pledge of Revenue” means a financial assurance mechanism meeting the requirements of Section 3806.1, of this Article, by which a governmental entity proposes to make specific, identified future revenue available to perform reclamation pursuant to the approved reclamation plan.
NOTE

Authority cited: Section 2755, Public Resources Code.  Reference: Sections 2726-2734, Public Resources Code.
HISTORY

1. New section filed 2-23-94 as an emergency; operative 2-23-94 (Register 94, No. 8).  A Certificate of Compliance must be transmitted to OAL by 6-23-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-23-94 order transmitted to OAL 6-22-94 and filed 8-3-94 (Register 94, No. 31).
§3803. Financial Assurance Mechanisms.
Note     •     History

As outlined by this article, financial assurances may take the form of any one or a combination of the following, which the lead agency, upon review by the Department of Conservation, reasonably determines are adequate to perform reclamation in accordance with the approved reclamation plan.
(a) For non-governmental entity operators:
(1) Surety bonds;
(2) Irrevocable letters of credit; and
(3) Trust funds;
(b) For governmental entity operators:
(1) Surety bonds;
(2) Irrevocable letters of credit;
(3) Trust funds;
(4) Pledges of Revenue; or
(5) Budget Set Aside.
NOTE

Authority cited: Section 2773.1, Public Resources Code.  Reference: Section 2773.1(e), Public Resources Code.
HISTORY

1. New section filed 2-23-94 as an emergency; operative 2-23-94 (Register 94, No. 8).  A Certificate of Compliance must be transmitted to OAL by 6-23-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-23-94 order transmitted to OAL 6-22-94 and filed 8-3-94 (Register 94, No. 31).
§3804. Calculation of Financial Assurance Amount.
Note     •     History

(a) The Financial Assurance Amount shall be calculated as prescribed in Public Resources Code Section 2773.1 and based on:
(1) an analysis of the physical activities and materials necessary to implement the approved reclamation plan;
(2) the lead agency's unit costs, or costs for third party contracting, for each of these activities, if applicable;
(3) the number of units of each of these activities, if applicable;
(4) a contingency amount not to exceed 10% of the reclamation costs.
(b) The calculated amount should not include the cost of completing mining of the site.
(c) In order for the lead agency or the Department of Conservation to determine what annual adjustments, if any, are appropriate to the Financial Assurance Amount, the operator shall annually submit to the lead agency a revision of the written calculation required under Section 3804(a). 
NOTE

Authority cited: Section 2773.1, Public Resources Code.  Reference: Section 2773.1(e), Public Resources Code.
HISTORY

1. New section filed 2-23-94 as an emergency; operative 2-23-94 (Register 94, No. 8).  A Certificate of Compliance must be transmitted to OAL by 6-23-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-23-94 order transmitted to OAL 6-22-94 and filed 8-3-94 (Register 94, No. 31).
§3805. Review by the Department of Conservation.
Note     •     History

Pursuant to Section 2774(c), Public Resources Code, the lead agency shall submit a copy of the proposed Financial Assurance and the  Calculation of Financial Assurance Amount submitted by the operator pursuant to Section 3804 to the Director of the Department of Conservation for review.  With this submittal the lead agency shall include the information and documentation relied upon in calculating the amount of the propsed Financial Assurance  and indicate to the Director that the Financial Assurance Amount is adequate for the lead agency or the Department of Conservation to conduct and complete reclamation on the mined lands in accordance with the approved reclamation plan.  The Director shall have 45 days, upon receipt, to prepare written comments regarding the proposed Financial Assurance, if he/she so chooses.
NOTE

Authority cited: Section 2774, Public Resources Code.  Reference: Section 2774(c), (d), Public Resources Code.
HISTORY

1. New section filed 2-23-94 as an emergency; operative 2-23-94 (Register 94, No. 8).  A Certificate of Compliance must be transmitted to OAL by 6-23-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-23-94 order transmitted to OAL 6-22-94 with amendments and filed 8-3-94 (Register 94, No. 31).
§3805.5. Modification or Release of Financial Assurance.
Note     •     History

(a) Prior to the modification of a financial assurance amount, or to the release of the financial assurance instrument to which both the lead agency and the Department of Conservation are co-beneficiaries under Public Resources Code section 2773.1, the lead agency shall provide to the director of the department the following documents at one time:
(1) An inspection report, prepared by a qualified person as provided for in Public Resources Code section 2774, indicating that there are aspects of the surface mining operation that require modification of the existing financial assurance amount, or stating that the mined land has been reclaimed in accordance with the approved reclamation plan, and that there are no aspects of the reclaimed surface mining operation that are inconsistent with the meaning of reclamation as defined in Public Resources Code section 2733, and the Surface Mining and Reclamation Act of 1975, Chapter 9, commencing with section 2710.
(2) A revised financial assurance cost estimate prepared by the operator and accepted by the lead agency, or prepared by the lead agency, in accordance with Public Resources Code section 2773.1, with supporting documentation, indicating the specific cost changes to the existing financial assurance amount, or indicating that there are no further outstanding reclamation liabilities to be included in the financial assurance.
(3) A statement by the lead agency, with supporting documentation that may include the most recent inspection report and any geological and engineering reports prepared as part of the inspection report, that the mined land remains subject to a financial assurance as modified, or that the mined land has been reclaimed in accordance with the approved reclamation plan, that there are no outstanding reclamation liabilities, and recommending to the director that the financial assurance be released.
(b) The director shall have 45 days from the date of receipt of the documents to review and comment on them as provided for in Public Resources Code section 2774, and to conduct the director's own inspection of the surface mining operation if the director determines it necessary under Public Resources Code section 2774.1, and do one of the following:
(1) Notify the lead agency of the director's concurrence that the modified financial assurance amount is adequate, or that there are no outstanding reclamation liabilities on the mined land and that the original financial assurance should be released pursuant to Public Resources Code section 2773.1, at which time the financial assurance shall be released; or,
(2) Notify the lead agency that the director has found, based upon an inspection, aspects of the surface mining operation that require additional modifications to the financial assurance amount, or aspects that are not in compliance with the approved reclamation plan and the Surface Mining and Reclamation Act of 1975; or,
(3) Commence the financial assurance forfeiture process under Public Resources Code section 2773.1.
(c) If a violation by the surface mining operation is confirmed by an inspection either by the lead agency or by the director, then the lead agency, or the director, may take actions under Public Resources Code section 2774.1 to ensure that the violation is corrected. In any event, the financial assurance shall not be released until the violation is corrected.
(d) Prior to sending written notification and release of financial assurances as provided under Public Resources Code section 2773.1, the lead agency shall obtain written concurrence of the director that the completion of reclamation of the mined land disturbed by the surface mining operation is in accordance with the requirements of the lead agency-approved reclamation plan.
(e) If a violation of the Surface Mining and Reclamation Act of 1975 or of the approved reclamation plan is confirmed by the inspection, and the lead agency does not take action under Public Resources Code section 2774.1 to ensure that the violation is corrected or take action under Public Resources Code section 2773.1 for forfeiture of the financial assurance, then the director may refer the matter to the board for further action under Public Resources Code section 2774.4.
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2729, 2731, 2733, 2735, 2773.1, 2774 and 2774.1, Public Resources Code.
HISTORY

1. New section filed 5-11-2004; operative 5-11-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 20).
§3806. Surface Mining Operations Owned and Operated by State or Local Governmental Entities.
Note     •     History

In addition to the mechanisms provided in Public Resources Section 2773.1 and this article, a financial assurance mechanism for reclamation for a surface mining operation owned and operated by the state, county, city, district, or other political subdivision may be in the form of a:
(a) Pledge of Revenue; or
(b) Budget Set Aside.
These financial assurance mechanisms may only be used by the state, county, city, district, or other political subdivision.
NOTE

Authority cited: Section 2773.1, Public Resources Code.  Reference: Section 2773.1(e), Public Resources Code.
HISTORY

1. New section filed 2-23-94 as an emergency; operative 2-23-94 (Register 94, No. 8).  A Certificate of Compliance must be transmitted to OAL by 6-23-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-23-94 order transmitted to OAL 6-22-94 and filed 8-3-94 (Register 94, No. 31).
§3806.1. Pledge of Revenue.
Note     •     History

(a) A pledge of revenue shall consist of a resolution or other appropriate document from the governing body of the state, county, city, district, or other political subdivision responsible for reclamation of the mined lands pursuant to the approved reclamation plans.  The resolution or document shall remain effective continuously throughout the period in which the pledge of revenue is used to satisfy the requirements of Section 2773.1, Public Resources Code.
(b) The pledge of revenue shall contain the following items:
(1) The resolution or document establishing the pledge of revenue;
(2) The types and sources of pledged revenue;
(3) The period of time that each source of revenue is pledged to be available;
(4) The calculation amount of the financial assurance prepared pursuant to Section 3804; and
(5) The authorization for the lead agency or the Department of Conservation to use the proceeds of the pledge to conduct and complete reclamation if the lead agency or the Department of Conservation determines that the operator is incapable of performing the reclamation covered by the pledge pursuant to Section 2773.1(b).
(c) The state, county, city, district, or other political subdivision may pledge any following types of revenue that it controls and that will be available in a timely manner to conduct and complete reclamation:
(1) Fees, rents, or other charges;
(2) Tax revenues within statutory limitations; and/or
(3) Other guaranteed revenues that are acceptable to the lead agency and the Board.
(d) If the governmental entity ceases at any time to retain control of its ability to allocate any pledged revenue to conduct and complete reclamation, the entity shall notify the lead agency and the Department of Conservation and shall obtain alternative coverage within 60 days after control lapses.
NOTE

Authority cited: Section 2773.1, Public Resources Code.  Reference: Section 2773.1(e), Public Resources Code.
HISTORY

1. New section filed 2-23-94 as an emergency; operative 2-23-94 (Register 94, No. 8).  A Certificate of Compliance must be transmitted to OAL by 6-23-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-23-94 order transmitted to OAL 6-22-94 with amendment of subsections (c)-(c)(2) and filed 8-3-94 (Register 94, No. 31).
§3806.2. Budget Set Aside.
Note     •     History

(a) A Budget Set Aside shall consist of a specific fund or line item set aside by the state, county, city, district or other political subdivision responsible for reclamation of the mined lands.  The Budget Set Aside shall remain effective continuously throughout the period in which the Budget Set Aside is used to satisfy the requirements of Section 2773.1, Public Resources Code.
(b) The set aside shall contain the following items:
(1) A resolution or other appropriate document establishing the set aside or line item including proof of approval by the governing body or appropriate official of the state, county, city, district, or other political subdivision;
(2) The types and sources of specific funds;
(3) The period of time that each funding source is to be available:
(4) The calculation amount of the financial assurance prepared pursuant to Section 3804; and
(5) The authorization for the lead agency or the Department of Conservation to use the funds to conduct and complete reclamation if the lead agency or the Department of Conservation determines that the operator is incapable of performing the reclamation covered by the set aside pursuant to Section 2773.1(b).
NOTE

Authority cited: Section 2773.1, Public Resources Code.  Reference: Section 2773.1(e), Public Resources Code.
HISTORY

1. New section filed 2-23-94 as an emergency; operative 2-23-94 (Register 94, No. 8).  A Certificate of Compliance must be transmitted to OAL by 6-23-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-23-94 order transmitted to OAL 6-22-94 and filed 8-3-94 (Register 94, No. 31).
§3806.3. Acceptance of Liability.
Note     •     History

(a) An Acceptance of Liability shall consist of a specific written statement by a Federal entity responsible for performing reclamation that obligates that Federal entity for all costs associated with the full reclamation of mined lands in accordance with the requirements of an approved reclamation plan. 
(b) The Acceptance of Liability shall contain the following items: 
(1) a duly authorized resolution, statement, or other appropriate document that guarantees liability and obligates the Federal entity to reclaim the mine site; and, 
(2) a statement that if the Federal entity ceases at any time to retain control of the mine operation, that the Federal entity's Acceptance of Liability shall remain in effect until the succeeding mine operator provides a financial assurance mechanism provided for in Public Resources Code Section 2773.1 and this Article 11. In no event shall any succeeding mine operator commence surface mining operations until a financial assurance mechanism is accepted by the lead agency. 
NOTE

Authority cited: Sections 2755 and 2773.1, Public Resources Code. Reference: Section 2773.1, Public Resources Code. 
HISTORY

1. New section filed 1-28-2005; operative 2-27-2005 (Register 2005, No. 4).
§3806.5. Surface Mining Operations Owned and Operated by a Federal Entity on State Owned Land.
Note     •     History

In addition to the financial assurance mechanisms provided in Public Resources Code Section 2773.1 and this Article 11, a financial assurance mechanism for reclamation for a surface mining operation owned and operated on State lands by a Federal entity may be in the form of a: 
(a) Pledge of Revenue 
(b) Budget Set Aside 
(c) Acceptance of Liability 
NOTE

Authority cited: Sections 2755 and 2773.1, Public Resources Code. Reference: Section 2773.1, Public Resources Code.
HISTORY

1. New section filed 1-28-2005; operative 2-27-2005 (Register 2005, No. 4).
Article 11.5. Forfeiture of Financial Assurance
§3810. Purpose.
Note     •     History

The purpose of this article is to define the procedures to be followed by the lead agency, or the board acting at the request of the director, or when the board is acting as lead agency pursuant to Public Resources Code Section 2774.4 or Section 2774.5, in determining whether a surface mine operator is financially incapable of performing reclamation in accordance with its approved reclamation plan, or has abandoned its surface mining operation without commencing reclamation, and should therefore forfeit its financial assurance pursuant to Public Resources Code Section 2773.1(b). 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2773.1, 2774.4 and 2774.5, Public Resources Code.
HISTORY

1. New article 11.5 (sections 3810-3817) and section filed 10-3-2002; operative 11-2-2002 (Register 2002, No. 40).
§3811. Circumstances Leading to a Hearing.
Note     •     History

A lead agency or the board may conduct a hearing to determine the forfeiture of financial assurances when any of the following circumstances has occurred: 
(a) Unless an appeal of a financial assurance amount is pending before the board pursuant to Public Resources Code Section 2770, an operator has failed to provide an acceptable financial assurance mechanism within 30 days of notification by the lead agency of its approval of an adequate financial assurance amount. Acceptable financial assurance mechanisms are described in Title 14, California Code of Regulations Section 3803. 
(b) The operator has failed to provide the lead agency with a revised financial assurance cost estimate as required by Public Resources Code Section 2773.1 that adequately addresses the criteria contained in Title 14, California Code of Regulations Section 3804 within 30 days of receipt of notification to provide a revised cost estimate. 
(c) An acceptable financial assurance mechanism has lapsed and has not been renewed or replaced by another acceptable mechanism within 30 days and any remaining financial assurance coverage is not, according to the lead agency, adequate by itself to ensure the reclamation of the mine site according to the approved reclamation plan. 
(d) The lead agency is unable to contact the mine operator or the mine's agent of record after 90 days of the mine's becoming idle as defined in Public Resources Code Section 2727.1. 
(e) The surface mining operation meets the criteria stated under Public Resources Code Section 2770(h)(6). Submitting of an interim management plan after the operator has been notified that his or her mine meets the criteria in Section 2770(h)(6) shall not prevent the lead agency or the board from proceeding with its hearing. 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2727.1, 2770 and 2773.1, Public Resources Code.
HISTORY

1. New section filed 10-3-2002; operative 11-2-2002 (Register 2002, No. 40).
§3812. Public Hearing.
Note     •     History

The determination by the lead agency or the board that a surface mine operator is financially incapable of reclaiming according to an approved reclamation plan, or that an operator has abandoned a mine site without commencing reclamation, shall be made during a public hearing. The hearing may be conducted as part of a regularly scheduled business meeting of the lead agency, or may be held during a special meeting. Where the board is the lead agency, the board may delegate the hearing to a committee composed of not less than two board members selected by the board Chairman or the Chairman's designee. The determination of the board committee shall be reported to the full board for its action at its next meeting. 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2773.1, Public Resources Code.
HISTORY

1. New section filed 10-3-2002; operative 11-2-2002 (Register 2002, No. 40).
§3813. Hearing Procedure -- Notice.
Note     •     History

(a) The local lead agency shall give prior notice of the public hearing in accordance with the provisions of its local ordinances. 
(b) Where the board is the lead agency, at least 10 days prior to the hearing date, public notice shall be given as follows: 
(1) Mailing the notice to the operator and to the director. 
(2) Mailing the notice to any person who requests notice of the hearing; 
(3) Mailing the notice to the board's regular mailing list; and, 
(4) Mailing the notice to the city or county jurisdiction within which the surface mining operation is located. 
(c) The notice of hearing shall include the following: 
(1) The name of the surface mine operator or agent of record; 
(2) Identification of the surface mining operation, and a brief description of the location of the operation by reference to any commonly known landmarks in the area; 
(3) A statement that the purpose of the hearing is to determine the financial capability of the operator to reclaim his or her mining operation in accordance with the approved reclamation plan; 
(4) A statement inviting the operator, public agencies, and other interested persons to make statements at the hearing regarding the decision of the lead agency; and, 
(5) The time, date, and location of the public hearing. 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2773.1, Public Resources Code.
HISTORY

1. New section filed 10-3-2002; operative 11-2-2002 (Register 2002, No. 40).
§3814. Administrative Record.
Note     •     History

The administrative record shall consist of, but not be limited to, the following: 
(a) The approved reclamation plan for the mining operation; 
(b) The currently approved financial assurance mechanism in an amount certain; 
(c) The name and address of the surface mining operator and the name and address of any person designated by the operator as an agent for the service of process; 
(d) A detailed cost estimate provided by the operator and supporting a financial assurance amount prepared by a qualified individual, such as a licensed grading contractor, licensed civil engineer, or a licensed geologist, who must be licensed in the state of California, and prepared not more than six months from the last annual inspection of the mine conducted by the lead agency; 
(e) A copy of the last annual inspection report conducted by the lead agency pursuant to Public Resources Code Section 2774, or any other more recent inspection report conducted by the lead agency or the Department of Conservation. 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2773.1 and 2774, Public Resources Code.
HISTORY

1. New section filed 10-3-2002; operative 11-2-2002 (Register 2002, No. 40).
§3815. Criteria for Determining Financial Capability.
Note     •     History

The lead agency or the board shall use, but not be limited to, the following criteria when determining the financial capability of a mine operator to perform reclamation. It is the sole responsibility of the surface mine operator to provide the lead agency or the board with sufficient information to reasonably demonstrate his or her financial capability. An operator shall be found financially incapable if the lead agency or the board makes any of the following findings: 
(a) The operator is incapable of providing, or refuses to provide, a financial assurance in an amount deemed adequate by the lead agency or the board; or, 
(b) The operator is incapable of providing, or refuses to provide, a financial assurance mechanism approved by the board in Section 3803 of this subchapter; or, 
(c) The lead agency, the board, or the director, is unable to contact the mine operator or the mine's agent of record after 90 days of the mine's becoming idle as defined in Public Resources Code Section 2727.1; or, 
(d) The mine operation meets the criteria stated in Public Resources Code Section 2770(h)(6). 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2727.1, 2770 and 2773.1, Public Resources Code. 
HISTORY

1. New section filed 10-3-2002; operative 11-2-2002 (Register 2002, No. 40).
§3816. Hearing Procedures -- Sequence.
Note     •     History

(a) The public hearing conducted before the board shall normally proceed in the following manner; a local lead agency may conduct the hearing sequence according to its locally adopted procedures: 
(1) Identification of the record; 
(2) Statements on behalf of the lead agency; 
(3) Statements on behalf of the operator; 
(4) Statements on behalf of the public; 
(5) Rebuttal on behalf of the lead agency 
(6) Rebuttal on behalf of the operator; and 
(7) Motion to close the public hearing. 
(b) Notwithstanding the above, the Chairman of the board or the Chairman's designee for purposes of conducting the hearing may, in the exercise of discretion, determine the order of the proceedings. 
(c) The Chairman or the Chairman's designee shall have the authority to impose time limits upon statements and presentations and accept written statements in lieu of oral statements. Written statements (12 copies) must be submitted to the board at least five days prior to the hearing. 
(d) The public hearing conducted before the board or a lead agency shall be recorded. 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2773.1, Public Resources Code. 
HISTORY

1. New section filed 10-3-2002; operative 11-2-2002 (Register 2002, No. 40).
§3817. Hearing Procedures -- Determination.
Note     •     History

Following the public hearing, the lead agency or the board shall determine whether, based on the record before it and the criteria described in Section 3815 of this Article, the operator is financially incapable of performing reclamation in accordance with its approved reclamation plan, or has abandoned its surface mining operation without commencing reclamation. If the operator is determined to be financially incapable of performing reclamation or to have abandoned the operation, then the following shall occur: 
(a) The lead agency, or the director in cases where the Board is the lead agency, shall notify the operator within 10 days of the date of determination of its intent to take appropriate actions to cause forfeiture of the operator's financial assurances. Notification shall be made by personal service or certified mail. 
(b) The lead agency, or the director, or the board in cases where the board is the lead agency, shall follow the procedures described in Public Resources Code Section 2773.1(b). 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2773.1, Public Resources Code.
HISTORY

1. New section filed 10-3-2002; operative 11-2-2002 (Register 2002, No. 40).
Article 12. Administrative Penalty Petition Procedures
§3900. Purpose of Regulations.
Note     •     History

The regulations contained in this article govern procedures for petitions to the State Mining and Geology Board pursuant to Public Resources Code Section 2774.2 concerning the issuance of an Administrative Penalty by the Director of the Department of Conservation.
NOTE

Authority cited: Sections 2755 and 2774.2, Public Resources Code. Reference: Section 2774.2, Public Resources Code.
HISTORY

1. New article 12 (sections 3900-3911) and section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code)  and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.
2. New article 12 (sections 3900-3911) and section refiled 11-16-98 as a permanent regulation; operative 12-16-98 (Register 98, No. 47).
§3901. Filing of Petition/Notice of Defense.
Note     •     History

Any person filing a petition to the Board pursuant to Public Resources Code Section 2774.2 concerning the issuance of an administrative penalty by the Director of the Department of Conservation shall, within 30 days of the date of issuance of the order setting an administrative penalty, file a petition/notice of defense with the Board requesting a hearing. The petition/notice of defense shall be on the form set forth in Section 3911 of this article, or shall supply the following information to the Board. Failure to submit all the following documents within the 30 days filing period will result in an incomplete filing and an automatic rejection of the appeal.
(1) Written statements, with supporting documentation, indicating specifically the basis for the petitioner's challenge of the Director's order of administrative penalty;
(2) A written statement advising the Board of the name, address and telephone number of the petitioner's representative, if any;
NOTE

Authority cited: Sections 2755 and 2774.2, Public Resources Code. Reference: Section 2774.2, Public Resources Code.
HISTORY

1. New section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code)  and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.
2. New section refiled 11-16-98 as a permanent regulation; operative 12-16-98 (Register 98, No. 47).
3. Amendment of first paragraph filed 9-30-2002; operative 10-30-2002 (Register 2002, No. 40).
§3902. Determination of Jurisdiction.
Note     •     History

The Chairman of the Board, or the Chairman's designee who is a Board member, shall determine within 15 days of receipt of the information required by Section 3901 of this article, whether the petition is within the jurisdiction of the Board for the purpose of hearing the petition, and determine whether the petition's challenge raises substantial issues related to the validity of the allegations supporting the Director's order. If the Chairman finds, based upon the criteria stated in (a), (b), and (c) below, that the petition raises no substantial issues with respect to the Director's allegations contained in the order of administrative penalty, or has not been filed within statutory time limits, then the Chairman shall refuse to grant a hearing on the petition. In making these determinations, the Chairman shall consider the following:
(a) Whether the filing of the petition/notice of defense with the Board is within the time limits stipulated in Public Resources Code Section 2774.2;
(b) Whether the petition specifically relates to the allegations contained in the Director's notice and order of administrative penalty;
(c) Whether prima facie documentation supporting the petition's position is reasonably sufficient to substantiate the petition's challenge.
NOTE

Authority cited: Sections 2755 and 2774.2, Public Resources Code. Reference: Section 2774.2, Public Resources Code.
HISTORY

1. New section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code)  and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.
2. New section refiled 11-16-98 as a permanent regulation; operative 12-16-98 (Register 98, No. 47).
§3903. Administrative Record.
Note     •     History

The Administrative Record shall consist of the record before the Director, evidence submitted on behalf of the petitioner, any other relevant evidence which, in the judgment of the Board, should be considered applicable, and evidence presented during the hearing on the petition.
NOTE

Authority cited: Sections 2755 and 2774.2, Public Resources Code. Reference: Section 2774.2, Public Resources Code.
HISTORY

1. New section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code)  and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.
2. New section refiled 11-16-98 as a permanent regulation; operative 12-16-98 (Register 98, No. 47).
§3904. Hearing Procedures--Scheduling.
Note     •     History

The Board shall schedule and hold a public hearing on a petition no later than 60 days from the Chairman's acceptance of the petition, or at such time as may be mutually agreed upon by the Board and the petitioner. The hearing may be conducted as part of a regular business meeting of the Board, or may be conducted by a committee of the Board. The Board shall endeavor to schedule such public hearings in or near the jurisdiction from which the petition originated, but may otherwise schedule such petitions to be heard in Sacramento.
NOTE

Authority cited: Sections 2755 and 2774.2, Public Resources Code. Reference: Section 2774.2, Public Resources Code.
HISTORY

1. New section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code)  and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.
2. New section refiled 11-16-98 as a permanent regulation; operative 12-16-98 (Register 98, No. 47).
§3905. Hearing Procedures--Authority for Delegation.
Note     •     History

The Board may delegate conduct of the hearing to a committee composed of three members of the Board, who shall consist of either the Chairman or Vice Chairman of the Board, and two other members of the Board selected by the Chairman. The Chairman or Vice Chairman shall conduct the hearing. The record of the hearing and the recommendations of the committee shall be presented to a quorum of the Board at its next regular business meeting for a decision of the full Board consistent with the procedures set forth in Section 3910 of this article.
NOTE

Authority cited: Sections 2755 and 2774.2, Public Resources Code. Reference: Section 2774.2, Public Resources Code.
HISTORY

1. New section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code)  and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.
2. New section refiled 11-16-98 as a permanent regulation; operative 12-16-98 (Register 98, No. 47).
§3906. Hearing Procedures--Notice.
Note     •     History

(a) At least 10 days prior to the hearing, the Board shall give public notice as follows:
(1) Mailing or delivering by personal service the notice to the petitioner and to the petitioner's lead agency;
(2) Mailing or delivering by personal service the notice to the Director of the Department of Conservation.
(3) Mailing the notice to any person who requests notice of the petition or hearing; and,
(4) Mailing the notice to the Board's regular mailing list.
(b) The notice of hearing shall include the following:
(1) The name of the petitioner;
(2) A statement describing the basis for the action;
(3) The amount of the administrative penalty petitioned;
(4) The time, date, and location of the public hearing.
NOTE

Authority cited: Sections 2755 and 2774.2, Public Resources Code. Reference: Section 2774.2, Public Resources Code.
HISTORY

1. New section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code)  and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.
2. New section refiled 11-16-98 as a permanent regulation; operative 12-16-98 (Register 98, No. 47).
§3907. Hearing Procedures--Record.
Note     •     History

The record before the Board at the public hearing shall be the administrative record submitted pursuant to Sections 3901, 3902, and 3903 of this article.
NOTE

Authority cited: Sections 2755 and 2774.2, Public Resources Code. Reference: Section 2774.2, Public Resources Code.
HISTORY

1. New section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code)  and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.
2. New section refiled 11-16-98 as a permanent regulation; operative 12-16-98 (Register 98, No. 47).
§3908. Hearing Procedures--Recording and Transcription.
Note     •     History

Hearings conducted under the procedures of this article shall be electronically recorded by the Board. Cost of transcription or reproduction of the electronic recording, if requested, shall be borne by the party making such request.
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2755, Public Resources Code.
HISTORY

1. New section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code)  and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.
2. New section refiled 11-16-98 as a permanent regulation; operative 12-16-98 (Register 98, No. 47).
§3909. Hearing Procedures--Use of Informal Hearing Procedure and Sequence.
Note     •     History

(a) The Board may conduct the petition hearing under this article pursuant to the informal hearing adjudicative proceedings described in the California Administrative Procedure Act. The informal hearing procedure is intended to satisfy due process and public policy requirements in a manner that is simpler and more expeditious than hearing procedures otherwise required by statute, for use in appropriate circumstances.
(b) The public hearing shall normally proceed in the following manner:
(1) Identification of the record;
(2) Statements on behalf of the petitioner;
(3) Statements on behalf of the Director;
(4) Statements on behalf of the lead agency;
(5) Statements on behalf of the public;
(6) Rebuttal on behalf of the petitioner;
(7) Rebuttal on behalf of the Director;
(8) Motion to close the public hearing.
(c) Not withstanding the above, the Chairman or the Chairman's designee (Board member) for the purposes of conducting the hearing may, in the exercise of discretion, determine the order of the proceedings.
(d) The Chairman or the Chairman's designee (Board member) shall have the authority to impose time limits upon statements and presentations and to accept written statements in lieu of oral statements. Four copies of any written statements shall be submitted to the Board at least ten days prior to the hearing.
(e) Should the appellant, or his or her representative, fail to appear at the scheduled hearing, the board may make a determination upon the record otherwise before it, or, in the alternative, the board may consider the petition for hearing withdrawn.
(f) If the board determines that the petition for hearing has been withdrawn and more than 30 days has passed since the date of issuance of the order setting an administrative penalty, the order setting the administrative penalty shall not be subject to review by any court or agency.
(g) The actions of the Chairman or the Chairman's designee (Board member) under this section are not subject to judicial review.
NOTE

Authority cited: Sections 2755 and 2774.2, Public Resources Code; and Article 10, Administrative Procedure Act. Reference: Section 2774.2, Public Resources Code; and Article 10, Administrative Procedure Act.
HISTORY

1. New section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code)  and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.
2. New section refiled 11-16-98 as a permanent regulation, including repealer of subsection (e); operative 12-16-98 (Register 98, No. 47).
3. New subsections (e) and (f) and subsection relettering filed 9-30-2002; operative 10-30-2002 (Register 2002, No. 40).
§3910. Hearing Procedures--Determination.
Note     •     History

(a) Following the public hearing, the Board shall determine: (1) whether the alleged violations cited in the Director's order are supported by substantial evidence in light of the whole record before it; and, (2) the action the Board should take to affirm, modify, or set aside, in whole or in part, the administrative penalty issued by the Director. The Board shall issue its own order upholding its determination.
(b) Modify means to change the administrative penalty from its original construction by the director. The board may modify the administrative penalty, in whole or in part, by such measures as it deems appropriate which include, but are not limited to, increasing or decreasing the penalty amount, establishing compliance deadlines, and structuring a method for payment of the penalty.
(c) Notification of the Board's determination shall be made by certified mail or personal service to the petitioner, the lead agency, and the Director within 15 days following the regular business meeting of the Board at which the decision is made.
NOTE

Authority cited: Sections 2755 and 2774.2, Public Resources Code. Reference: Section 2774.2, Public Resources Code.
HISTORY

1. New section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code)  and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.
2. New section refiled 11-16-98 as a permanent regulation; operative 12-16-98 (Register 98, No. 47).
3. New subsection (b) and subsection relettering filed 9-30-2002; operative 10-30-2002 (Register 2002, No. 40).
§3911. Petition/Notice of Defense Form.
History

STATE OF CALIFORNIA

DEPARTMENT OF CONSERVATION
STATE MINING AND GEOLOGY BOARD

	

	IN THE MATTER OF THE	)	Case No.
	ADMINISTRATIVE PENALTY	)
	ASSESSED AGAINST:	)
		)	PETITION/
		)	NOTICE OF DEFENSE
	    an individual,	)
		)
	d.b.a.	)
		)
	   PETITIONER(S)	)
		)

	( ) I acknowledge receipt of this action assessing an administrative penalty under Public Resources Code Section 2774.1(c) against me or the company for which I am the agent.

	( ) I request a hearing before the State Mining and Geology Board.

	( ) I object to the action on the ground that it does not state acts or omissions upon which the Department of Conservation may proceed.

	( ) I object to the form of the action on the ground that it is so indefinite or uncertain that I cannot identify the transaction or prepare a defense.

	( ) I admit the action in whole or in part. (Indicate which parts you admit by paragraph number or list on a separate page facts or allegations admitted.)

	( ) I deny the action in whole or in part. (Indicate which parts you deny by paragraph number or list on a separate page facts or allegations denied.)

	( ) I have no personal knowledge of the facts or allegations. (Indicate which parts by paragraph number or on a separate page.)

	( ) I present the following new matter by way of defense:
	(On a separate page, list other facts which may exonerate or mitigate your possible responsibility or otherwise explain your relationship to the alleged violation. Be as specific as you can. If you have or know of any document(s), photograph(s), map(s), letter(s), or other evidence that you believe is/are relevant, please identify it/them by name, date, type, and any other identifying information and provide the original(s) or (a) cop(y/ies) if you can):

	( ) I wish to present the following information, statement, etc. in addition:
	(Use a separate page, if needed.)

	( ) I have documents, exhibits, declarations under penalty of perjury and/or other materials that I am attaching to this form or that I want to be made a part of the administrative record for this administrative penalty. (Please list in chronological order by date, author and title and enclose a copy with this completed form.)

	( ) I object to the action on the ground that, under the circumstances, compliance with the requirement of a regulation would result in a material violation of another regulation enacted by another department affecting substantive rights. (List the other regulation(s).)

	( ) I will pay the full assessed amount and waive a hearing.
	DO NOT SEND CASH. Please note your case number on your remittance, made payable to: State of California, Department of Conservation, to ensure proper credit and mail it to this address: Department of Conservation, Office of Mine Reclamation, 801 K Street, MS 09-06, Sacramento, California 95814.

	If you intend to be represented by an attorney, please state his/her name, address, and telephone number. Otherwise, state the address and phone number where you want legal documents sent. Mail this Notice of Defense to: Executive Officer, State Mining and Geology Board, 801 K Street, MS 24-05, Sacramento, California 95814.

	DATED: 			
			Petitioner's Signature

				
	Name of Counsel/Petitioner (circle one)		Phone Number

				
	Address	City	       State           Zip

	
HISTORY

1. New section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code)  and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.
2. New section refiled 11-16-98 as a permanent regulation; operative 12-16-98 (Register 98, No. 47).
Article 13. Selection of Professional Service Firms
§3920. Selection of Professional Service Firms.
Note     •     History

(a) The purpose of these regulations is to establish those procedures authorized and required by Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. These regulations are specific to the Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710, et seq.
(b) Selection by the board for professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management, firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.
NOTE

Authority cited: Sections 2755-2759, Public Resources Code; and Section 4526, Government Code. Reference: Sections 4525-4529.5, Government Code.
HISTORY

1. New article 13 (sections 3920-3930) and section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 40).
§3921. Definitions, as Used in These Regulations.
Note     •     History

(a) “Small business” shall mean a small business firm as defined by the Director of General Services (section 1896 of Title 2 of the California Code of Regulations) pursuant to section 14837 of the Government Code.
(b) “Architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services” are those services to be procured outside State of California Civil Service procedures and of a character necessarily rendered by an architect, landscape architect, engineer, environmental specialist, land surveyor, or construction project management contractor but may include ancillary services logically or justifiably performed in connection therewith.
(c) “Project” means a project as defined in Section 10105 of the Public Contract Code, or as defined in the Public Resources Code Section 21065.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4525 and 14837, Government Code; Section 10105, Public Contract Code; and Section 21065, Public Resources Code.
HISTORY

1. New section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 40).
§3922. Establishment of Criteria.
Note     •     History

(a) The board shall establish criteria, on a case by case instance, which will comprise the basis for selection for each project. The criteria shall include such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel to be assigned, staff capability, workload ability to meet schedules, nature and quality of completed work, reliability and continuity of the firm, location, and other considerations deemed relevant. Such factors shall be weighted by the board according to the nature of the project, the needs of the State and complexity and special requirements of the specific project.
(b) In no event shall the criteria include practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration. Board members with a relationship to a person or business entity seeking a contract under this section are prohibited from participating in the selection process if the board member would be subject to the prohibition of Section 87100 of the Government Code.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 87100, Government Code.
HISTORY

1. New section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 40).
§3923. Estimate of Value of Services.
Note     •     History

Before any discussion with any firm concerning fees, the board may cause an estimate of the value of such services to be prepared. This estimate shall serve as a guide in determining fair and reasonable compensation for the services rendered. Such estimate shall be, and remain, confidential until award of contract or abandonment of any further procedure for the services to which it relates. At any time the board determines the estimates to be unrealistic because of rising costs, special conditions, or for other relevant considerations, the estimate may be reevaluated and modified if necessary.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4528, Government Code.
HISTORY

1. New section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 40).
§3924. Request for Proposals.
Note     •     History

(a) Where a project requires architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services, the board shall make an announcement through a publication of the respective professional society, if any exist, in a construction trade journal or, if none exist, in other appropriate publications that are published within a reasonable time frame such that a lengthy publication delay does not adversely affect the project.
(b) The announcement shall contain the following information: The nature of the work, the criteria upon which the award shall be made, and the time within which statements of interest, qualification and performance data will be received.
(c) The board shall endeavor to provide to all small business firms who have indicated an interest in receiving such, a copy of each announcement for projects for which the board concludes that small business firms could be especially qualified. A failure of the board to send a copy of an announcement to any firm shall not operate to preclude any contract.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4527, Government Code.
HISTORY

1. New section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 40).
§3925. Selection of Firm.
Note     •     History

After expiration of the period stated in the publications or other public announcements, the board shall evaluate statements of qualifications and performance data which have been submitted to the board. Discussions shall be conducted with no less than three firms regarding the required service. Where three firms cannot be found which could provide the required service, a full explanation including names and addresses of firms and individuals requested to submit proposals must be entered in the files. From the firms with which discussions are held, the board shall select no less than three, provided at least three firms submit proposals, in order of preference, based upon the established criteria, which are deemed to be the most highly qualified to provide the services required.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526-4527, Government Code.
HISTORY

1. New section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 40).
§3926. Negotiation.
Note     •     History

The board shall attempt to negotiate a contract with the most highly qualified firm. When the board is unable to negotiate a satisfactory contract with this firm with fair and reasonable compensation provisions, as determined by the procedure set forth in Section 3923 if those procedures were used, negotiations shall be terminated. The board shall then undertake negotiations with the second most qualified firm on the same basis. Failing accord, negotiations shall be terminated. The board shall then undertake negotiations with the third most qualified firm on the same basis. Failing accord, negotiations shall be terminated. Should the board be unable to negotiate a satisfactory contract at fair and reasonable compensation with any of the selected firms, additional firms may be selected in the manner prescribed in this article and the negotiation procedure continued.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4528, Government Code.
HISTORY

1. New section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 40).
§3927. Amendments.
Note     •     History

In instances where the board effects a necessary change in the project during the course of performance of the contract, the firm's compensation may be adjusted by negotiation of a mutual written agreement in a fair and reasonable amount where the amount of work to be performed by the firm is changed from that which existed previously in the contemplation of the parties.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4526, Government Code.
HISTORY

1. New section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 40).
§3928. Contracting in Phases.
Note     •     History

Should the board determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price or compensation provisions in the initial instance, provided that the board shall have determined that the firm is best qualified to perform the whole project at a fair and reasonable cost, and the contract contains provisions that the board, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated and reflected in a subsequent written instrument. The procedure with regard to estimates and negotiation shall otherwise be applicable.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4526, Government Code.
HISTORY

1. New section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 40).
§3929. Board's Power to Require Bids.
Note     •     History

Where the board determines that the services needed are technical in nature and involve little professional judgment and that requiring bids would be in the public interest, a contract shall be awarded on the basis of bids rather than by following the foregoing procedures for requesting proposals and negotiation.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4529, Government Code.
HISTORY

1. New section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 40).
§3930. Exclusions.
Note     •     History

The provisions of this article shall not apply to service agreements for an architect, landscape architect, engineer, environmental specialist, land surveyor, or construction project management contractor, engaged to provide consulting services on specific problems on projects where the architectural, landscape architectural, engineering, environmental, land surveying, or construction project management work is being performed by State of California Civil Service employees.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4526, Government Code.
HISTORY

1. New section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 40).
Article 14. Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975
§3940. Purpose of Regulations.
Note     •     History

The regulations contained in this article govern procedures affecting the review of orders to comply with the Surface Mining and Reclamation Act of 1975 (Act) issued by the director of the department, or by the board when acting in the capacity of lead agency pursuant to Public Resources Code Section 2774.4. 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Sections 2774.1 and 2774.4, Public Resources Code. 
HISTORY

1. New article 14 (sections 3940-3948) and section filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
§3941. Determination of Jurisdiction.
Note     •     History

(a) The Chairman of the board, or the Chairman's designee, shall determine whether the review of the order is within the jurisdiction of the board for the purposes of hearing the alleged violation. If the Chairman or the designee finds that the criteria listed in (1) and (2) below have been satisfied, then he or she shall schedule a hearing of the order before the board, otherwise he or she shall refuse to grant a hearing. In making this determination, the Chairman, or the Chairman's designee, shall consider the following: 
(1) Whether the order addresses violations related to the Act which have been confirmed by findings during an annual inspection or as the result of another physical site inspection of the mine; 
(2) Whether the alleged violation has extended beyond 30 days from the date of receipt by the operator of notification from the director or the board. 
(b) The Chairman of the board or designee shall make such a determination within 15 days of receipt of an order issued by the director. Where the board issues the order to comply pursuant to its lead agency authority under Public Resources Code Section 2774.4, no independent determination by the Chairman or the designee is required. The board shall notify the appellant and the director of its determination by certified mail or personal service. 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2774.1, Public Resources Code.
HISTORY

1. New section filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
§3942. Administrative Record.
Note     •     History

The administrative record shall consist of the information that was before the director for an order issued by the director, or before the board for an order issued by the board, at the time the order was issued and which comprised the basis for the order. The information before the director, or the board, shall consist of but may not be limited to the following: 
(a) The name and address of the surface mining operator and the name and address of any person designated by the operator as an agent for the service of process; 
(b) A general description of the surface mining operation; 
(c) A description of the alleged violation specifying which aspects of the surface mine's activities or operations are inconsistent with the Act; 
(d) A time for achieving compliance that the director, or the board, has determined to be reasonable. 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2774.1, Public Resources Code.
HISTORY

1. New section filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
§3943. Hearing Procedures -- Scheduling.
Note     •     History

The board shall schedule and hold a public hearing on an order no sooner than 30 days from the date of issuance of the order. In no case shall the hearing be scheduled beyond 60 days after the issuance of the order. The hearing may be scheduled as part of a regular business meeting of the board or may be conducted by a committee of the board. 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2774.1, Public Resources Code.
HISTORY

1. New section filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
§3944. Hearing Procedures -- Authority for Delegation.
Note     •     History

The board may delegate conduct of the hearing to a committee of at least two members of the board to be appointed for that hearing by the Chairman of the board. The Chairman of the board or the Chairman's designee shall conduct the hearing; the recommendations of the hearing committee shall be presented to a quorum of the board at its next regular business meeting for a decision of the full board consistent with the procedures set forth in Section 3948 of these regulations. 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2774.1, Public Resources Code. 
HISTORY

1. New section filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
§3945. Hearing Procedures -- Notice.
Note     •     History

(a) At least 10 days prior to the hearing, the board shall give public notice as follows: 
(1) Mailing the notice to the lead agency (if the board is not the lead agency), the operator subject to the order to comply, and the director; 
(2) Mailing the notice to any person who requests notice of the hearing; 
(b) The notice of hearing shall include the following: 
(1) The name of the operator subject to the order to comply; 
(2) Identification of the proposed surface mining operation and a brief description of the location of the operation by reference to any commonly known landmarks in the area; 
(3) A statement that the operator has been issued an order to comply with specific aspects of the Act; 
(4) A statement inviting the operator, the lead agency, and the public to make statements at the hearing regarding the decision of board; and, 
(5) The time, date, and location of the public hearing. 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2774.1, Public Resources Code.
HISTORY

1. New section filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
§3946. Hearing Procedures -- Record.
Note     •     History

The record before the board at the public hearing shall be the administrative record submitted pursuant to Section 3942 of this article. 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2774.1, Public Resources Code.
HISTORY

1. New section filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
§3947. Hearing Procedures -- Sequence.
Note     •     History

(a) The public hearing should normally proceed in the following manner: 
(1) Identification of the record; 
(2) Statements on behalf of the operator subject to the order; 
(3) Statements on behalf of the director, or the board if acting as the lead agency; 
(4) Statements on behalf of the public; 
(5) Rebuttal on behalf of the operator; and 
(6) Rebuttal on behalf of the director, or the board if acting as the lead agency; 
(7) Motion to close the public hearing. 
(b) Notwithstanding the above, the Chairman or the Chairman's designee for purposes of conducting the hearing may in the exercise of discretion, determine the order of the proceedings. 
(c) The Chairman or the Chairman's designee may impose reasonable time limits upon statements and presentations and may accept written statements in lieu of oral statements. Written statements (12 copies) must be submitted to the board at least five days prior to the hearing. 
(d) The public hearing shall be recorded. 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2774.1, Public Resources Code. 
HISTORY

1. New section filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
§3948. Hearing Procedures -- Determination.
Note     •     History

Following the public hearing, the board shall determine whether, based on the record before it, the evidence before the director for orders issued by the director, or the board for orders issued by the board, substantially supports the basis for the order at the time the order was issued. If the board finds that the evidence in the record supports the issuance of the order, the board shall uphold the order and any effective date contained in the order. If no effective date is contained in the order, then the board shall set a date upon which the order takes effect. If the board finds that the evidence in the record does not substantially support the order, then the board shall not uphold the order and shall notify the director of the specific reasons for not upholding the director's order. Notification of the board's determination shall be made by certified mail or personal service to the operator and the director within 15 days following the regular business meeting of the board at which the determination is made. 
NOTE

Authority cited: Section 2755, Public Resources Code. Reference: Section 2774.1, Public Resources Code.
HISTORY

1. New section filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
Article 15. Vested Rights Determination
§3950. Purpose of Regulations.
Note     •     History

No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 shall be required to secure a permit pursuant to Section 2770 of the Public Resources Code. Any person claiming a vested right to conduct surface mining operations in a jurisdiction where the State Mining and Geology Board (the Board) is lead agency pursuant to section 2774.4 of the Public Resources Code must establish such claim in a public proceeding under this article. In such a proceeding the Claimant shall assume the burden of proof.
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New article 15 (sections 3950-3965) and section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
§3951. Vested Right(s) -- Definition.
Note     •     History

A “vested right” is the right to conduct a legal nonconforming use of real property if that right existed lawfully before a zoning or other land use restriction became effective and the use is not in conformity with that restriction when it continues thereafter. A vested mining right, in the surface mining context, may include but shall not be limited to: the area of mine operations, the depth of mine operations, the nature of mining activity, the nature of material extracted, and the quantity of material available for extraction.
A person shall be deemed to have a vested right or rights to conduct surface mining operations if, prior to January 1, 1976, the person has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary for the surface mining operations. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials. Expansion of surface mining operations after January 1, 1976 may be recognized as a vested nonconforming use under the doctrine of (A diminishing assets” as set forth in Hansen Brothers Enterprises, Inc. v. Board of Supervisors (1996) 12 Cal.4th 533.
NOTE

Authority cited: Sections 2755, 2776 and 2775, Public Resources Code; and Hansen Brothers Enterprises, Inc. v. Board of Supervisors (1996) 12 Cal.4th 533.) Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
§3952. Filing of Request for Determination.
Note     •     History

A claim of vested rights shall be initiated by filing a Request for Determination with the Board. At a minimum the Request for Determination shall include the following information:
(1) Name, address, and telephone number (and name, address, and telephone number of any agent for contact or service of notice, if different) of Claimant;

(2) 	Name, address, and telephone number of the property owner(s) if different than (1) above;
(3) Name, address, and telephone number of any lessee, lien holder, or other potential claimant to the vested right(s) asserted;
(4) A map indicating the exact location of the property upon which vested rights are asserted;
(5) A legal description of such property including township and range, metes and bounds, parcel numbers, or other descriptive methods to specifically identify such property;
(6) Copies of all documents which Claimant asserts establish title to such property;
(7) Written statements, with supporting documentation, indicating the basis for claim of a vested right to conduct surface mining operations upon such property;
(8) Written statements, with supporting documentation, identifying the scope or scale of the vested right claimed;
(9) Copies of, or statements specifically identifying, all local land use or mining ordinances or regulations which either may presently, or have historically, governed conduct of surface mining operations upon such property; 
(10) The names and mailing addresses of the owners of all properties adjacent to property upon which a vested right is being asserted; and
(11) The name and address of any other governmental agency or entity having jurisdiction over the property or the surface mining operations on the property that may be affected by a determination of vested rights.
All information submitted pursuant to this section shall be accompanied by a declaration or affidavit attesting to the true and accurate nature of the materials provided.
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
§3953. Review and Determination Fee.
Note     •     History

Two fees are to be paid by the claimant submitting a Request for Determination. Any person submitting a Request for Determination shall pay to the Board the following processing fee:
(a) A minimum processing fee of five thousand dollars ($5,000) as compensation for the initial review and notification. Should the Request for Determination be denied, any funds not used will be refunded.
(b) A determination fee for conducting the vested rights determination will be established. The claimant will be provided with an estimate of the cost of conducting a vested rights determination. Any funds in excess of the amount actually needed for conducting the determination will be refunded to the claimant. Any uncollected funds must be submitted prior to the official release of the determination. The fees in this subdivision shall be paid to the Board prior to release of any vested rights determination.
(1) If the Board employs an administrative hearing officer or special master for, and in, making the determination, an additional fee of one hundred dollars ($100) per hour for each full hour of time reasonably employed by such hearing officer or special master for drafting the findings and recommendation or proposed decision for the Board. 
(2) If the Board employs a committee of its members for, and in, making the determination, an additional fee of one hundred dollars ($100) per Board committee member per day of service (or part thereof);
(c) Upon a showing of good cause the Board may waive all but a minimum of one hundred dollars ($100) of the fees imposed in subdivisions (a) and (b) above.
(d) Failure to submit the initial fee (identified in subsection (a) above) shall result in immediate rejection of the Request for Determination.
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
§3954. Determination of Jurisdiction.
Note     •     History

The Chairman of the Board, or the Chairman's designee, based upon the information submitted pursuant to Section 3952 of this article, shall initially evaluate whether the Request for Determination is within the jurisdiction of the Board for purposes of making a vested rights determination and whether the Request for Determination contains the minimum information specified in Section 3952 of this article. The Chairman of the Board, or the Chairman's designee, shall make such initial determination within 15 business days of receipt of the Request for Determination. If the Chairman, or the Chairman's designee, determines that the Request for Determination is not within the Board's jurisdiction or does not contain the information required by the Board to evaluate the Request, the Request for Determination shall be rejected and the deficiencies in the Request specifically identified in correspondence to the claiming party.
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
§3955. Notice of Pending Determination.
Note     •     History

Within 30 business days after the Chairman of the Board, or the Chairman's designee, concludes that the Request for Determination is within the Board's jurisdiction and contains the minimum information required by Section 3952 a notice of pending vested rights determination shall be mailed by the executive officer of the Board to every adjacent landowner identified in the Request for Determination and to the county, city, or regional agency originally holding lead agency status for the identified property and mining operation. A notice of pending vested rights determination shall also be provided to the person claiming vested rights for posting, within 5 days of receipt, upon the property in question in an open and conspicuous place that is reasonably visible to the public and at all points of entry to the property. The notice of pending vested rights determination shall identify the specific property upon which such vested rights are asserted and shall identify the Board as the agency which will be making the determination. The notice shall contain the Board's mailing and electronic addresses and a request that comments be forwarded to the Board. The notice shall remain posted as required through the conclusion of any hearing on the vested rights claim. The notice shall also be immediately noticed and placed on the Board's electronic website. Where the Board determines that additional notice is required, it may require the person claiming vested rights to provide such additional notice.
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
§3956. Public Hearing.
Note     •     History

No vested rights determination will be made by the Board without a public hearing and an opportunity for the vested rights claimant, the original lead agency, and the public to comment.
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
§3957. Selection of Hearing Officer.
Note     •     History

The Board may delegate conduct of a vested rights public hearing to a committee of at least two Board members to be appointed for that hearing by the Chairman of the Board. The Board may also delegate conduct of a vested rights public hearing to an administrative hearing officer or special master.
As soon as practicable after the Chairman, or the Chairman's designee, concludes that the Request for Determination is within the Board's jurisdiction and contains the minimum information required by Section 3952, and in no event more than 45 business days from such conclusion, the Board, or a designee of the Board shall decide whether a vested rights public hearing will be conducted by the Board, a committee of the Board, an administrative hearing officer selected by the Board, or a special master selected by the Board.
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
§3958. Vested Rights Hearing -- Schedule.
Note     •     History

The Board, its delegated committee, administrative hearing officer or special master shall schedule and hold a public hearing on a vested rights determination no less than 90 business days after the notice of pending vested rights determination was mailed pursuant to Section 3955. In no case shall the hearing be scheduled more than 180 business days after the Chairman, or the Chairman's designee, concludes that the Request for Determination is within the Board's jurisdiction and contains the minimum information required by Section 3952 unless such hearing schedule is agreed to by the party claiming vested rights. The hearing scheduled may be within the county where the vested right is claimed or within the county of the Board's offices (County of Sacramento).
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
§3959. Vested Rights Hearing Procedure -- Notice/Submission of Written Materials.
Note     •     History

(a) At least 90 calendar days prior to a vested rights public hearing, the Board shall give further public notice as follows:
(1) By mailing the notice to the Claimant and all parties receiving notice pursuant to Section 3955;
(2) By mailing the notice to any person who requests notice of the hearing;
(3) By mailing the notice to the Board's regular mailing list; and
(4) By posting of the notice in a place where notices are customarily posted in the city, or county, or regional jurisdiction within which the property is located or the surface mining operations are to take place (or both, if affected operations and affected property are in different jurisdictions.)
(b) The notice of hearing shall include the following:
(1) The name of the party claiming vested rights;
(2) Identification of the surface mining operation, a brief description of the location of the operation and area of asserted vested rights by reference to any commonly known landmarks in the area, and a simple location map indicating the general location of the operation;
(3) A statement inviting the party claiming vested rights, the original lead agency, and the public to make statements at the hearing regarding the vested rights asserted; 
(4) A request that any additional written materials be delivered to the Board by the public no less than 60 calendar days before the hearing and in no case will any responsive materials be submitted by the claimant less than 45 calendar days prior to the hearing.
(5) The time, date, and location of the public hearing.
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
2. Amendment of subsection (b)(4) filed 6-23-2009; operative 7-23-2009 (Register 2009, No. 26).
§3960. Vested Rights Hearing Procedure -- Record.
Note     •     History

The initial record before the Board, its delegated committee, administrative hearing officer, or special master shall be all of the materials provided pursuant to Section 3952, and all other written materials and public comments provided in response to the notice of pending determination or received at the public hearing.
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
§3961. Vested Rights Hearing -- Sequence.
Note     •     History

(a) The public hearing should normally proceed in the following manner:
(1) Identification of the record;
(2) Statements on behalf of the vested rights Claimant;
(3) Statements on behalf of the agency originally holding lead agency status;
(4) Statements on behalf of the public;
(5) Rebuttal on behalf of the Claimant; and
(6) Motion to close the public hearing.
(b) Notwithstanding the above, the Chairman of the Board or the delegated committee's selected chair, or the Board's designee for purposes of conducting the hearing may in the exercise of discretion, determine the order of the proceedings, provide for additional testimony, or provide for additional rebuttal.
(c) The Chairman of the Board or the delegated committee's selected chair, or the Board's designee may impose reasonable time limits upon statements and presentations and may accept written statements in lieu of oral statements. Written statements must be submitted at least five business days prior to the hearing.
(d) All statements of fact made at the hearing shall be under oath as administered by the Chairman of the Board or the delegated committee's selected chair, or the Board's designee.
(e) The public hearing shall be recorded either electronically or by other convenient means.
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
§3962. Vested Rights Hearing Procedure -- Continuance.
Note     •     History

The public hearing may be continued from day to day as necessary to receive all of the statements, information, and testimony identified in Section 3961.
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
§3963. Vested Rights Hearing Procedure -- Evidence.
Note     •     History

Relevant evidence in a proceeding for determination of a claim of vested rights shall be written or oral evidentiary statements or material demonstrating or delimiting the existence, nature and scope of the claimed vested right[s]. Such evidence shall include, but is not limited to, evidence of any permit or authorization to conduct mining operation on the property in question prior to January 1, 1976, evidence of mining activity commenced or pursued pursuant to such permit or authorization, and evidence of any zoning or land use restrictions applicable to the property in question prior to January 1, 1976.
As to any land for which Claimant asserts a vested right for expansion of operations, Claimant shall produce evidence demonstrating that the Claimant clearly intended to expand into such areas. Such evidence shall be measured by objective manifestations, and not subjective intent at the time of passage of the law, or laws, affecting Claimant's right to continue surface mining operations without a permit. 
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. (See, Hansen Brothers Enterprises, Inc. v. Board of Supervisors (1996) 12 Cal.4th 533.) Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
§3964. Vested Rights Hearing Procedure -- Determination.
Note     •     History

Following the public hearing, the Board, if the Board conducted the hearing, or its committee, administrative hearing officer, or special master shall determine whether the Claimant, by a preponderance of the evidence, has demonstrated a claim for vested rights pursuant to Public Resources Code Section 2776. The determination shall identify upon what specific property the vested rights are established and the scope and nature of surface mining operations included within the established vested right or rights. If the public hearing was conducted by a committee of the Board or an administrative hearing officer or special master designated by the Board, the findings and recommendation or proposed decision of the committee of the Board, administrative hearing officer, or special master shall be presented to a quorum of the Board at a regular business meeting, no later than 60 business days after completion of the vested rights public hearing, for consideration and adoption by the full Board. The Board may adopt the recommendation or proposed decision or reject the recommendation or proposed decision and direct the matter back to its delegee for further consideration in light of the discussion before the full Board. The Board may also modify the proposed decision based upon the record before it or make an alternative determination based upon the record or following receipt of additional evidence before the full Board. Following adoption of the Board's final determination notification shall be made by certified mail to the party claiming vested rights and to the local agency originally holding lead agency status. Notification of the final determination of the Board shall also be made by regular mail to any person who commented at, or participated in, the public hearing, any person who has requested such notice, and shall be immediately posted upon the Board's website.
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
§3965. Effect of Vested Rights Determination.
Note     •     History

A final determination by the Board recognizing a claim of vested rights shall constitute acknowledgment that the specific surface mining operations as identified upon the specific property or properties does not require a permit under Public Resources Code Section 2770 provided that no substantial change may be made in such mining operations. If any vested rights identified pursuant to this article are waived or abandoned the surface mining operations identified shall become subject to the permit requirements of the Surface Mining and Reclamation Act.
NOTE

Authority cited: Sections 2755 and 2775, Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal. App. 4th 613.
HISTORY

1. New section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No. 33).
Division 3. Department of Parks and Recreation
Chapter 1. General
§4300. Authority.
Note     •     History

All sections of Chapters 1 through 8 are adopted pursuant to Sections 5001.5, 5003 and 5008 of the Public Resources Code and apply to all units under control of the Department of Parks and Recreation unless otherwise indicated.
(a) When it is necessary to refer to one or more units under control of the Department of Parks and Recreation by terms other than their classification, the terms “unit of the State Park System,” “unit of the State Vehicular Recreation Area and Trail System,” or simply “unit” will be used.
(b) A title, where used, does not limit the language of a section.
(c) These sections are severally adopted. If one or more of these sections is deemed invalid, the remaining sections are intended to remain in effect. Where a section herein or rule is amended or repealed, acts and omissions prior thereto may be prosecuted as though such section or rule had not been so amended or repealed.
(d) Special regulations for an area or a subject do not preclude the application of general regulations unless expressly so indicated.
(e) The privilege of any person to be present in any unit under control of the Department of Parks and Recreation is hereby expressly conditioned upon compliance by that person with all applicable laws and regulations. In addition to other penalties prescribed by law, violation of any law or regulation shall subject the violator to ejection from the unit in which the violation occurs.
(f) This provision shall be enforced by peace officers having concurrent jurisdction in any unit in which a violation of regulations may take place.
(g) Nothing contained herein shall be construed to authorize or prohibit any act or acts which are expressly authorized or prohibited by statute of the State of California or by ordinance of a governmental subdivision thereof with concurrent jurisdiction over a unit or units controlled by the Department of Parks and Recreation.
NOTE

Authority cited: Sections 5000.5 and 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Repealer of Chapters 1 and 2 (Sections 4300 through 4920) and new Chapters 1 through 12 (Sections 4300 through 4920) filed 4-7-71; effective thirtieth day thereafter. For history of former sections, see Register 68, Nos. 14, 27; 69, Nos. 6, 27, 43, 50; 70, Nos. 13, 20, 35.
2. Repealer of Chapters 1-9 (Sections 4300-4702, not consecutive) and new Chapters 1-8 (Sections 4300-4701, not consecutive) filed 1-6-77; effective thirtieth day thereafter (Register 77, No. 2). For former history, see Registers 68, Nos. 14, 27; 69, Nos. 6, 27, 43, 50; 70, Nos. 13, 20, 35; 71, Nos. 15, 49; 72, Nos. 4, 11, 21, 50; 73, Nos. 5, 26, 30, 47; 74, Nos. 25, 38; 75, Nos. 3, 33.
3. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86. No. 5).
4. Change without regulatory effect amending first paragraph and adding subsection (a)-(g) designators filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4301. Definitions.
Note     •     History

(a) “Department,” as used herein, means the State Department of Parks and Recreation, having a headquarters in Sacramento, California.
(b) “Director,” as used herein, means Director of Parks and Recreation.
(c) “Deputy Director of Off-Highway Motor Vehicles,” means the person in charge of Division of Off-Highway Motor Vehicle Recreation.
(d) Division Chief means the person in charge of an administrative area or division consisting of units and districts, under control of the Department of Parks and Recreation.
(e) “District Superintendent” means the person in charge of an administrative district consisting of one or more units under control of the Department of Parks and Recreation.
(f) “Person,” as used herein, shall be construed to mean and include natural persons, firms, copartnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.
(g) “Nighttime,” is any time from one-half hour after sunset to one-half hour before sunrise.
(h) “Water-ski” means any aquaplane, water-ski, or any other device used, or which may be used, for carrying persons or property while being towed behind a boat.
(i) Posting of Notices. The term “posted” as used herein, unless otherwise indicated, shall mean and require that the Department shall set aside at the district headquarters and at the unit affected and in a location convenient to the general public, a bulletin board or similar device upon which shall be posted all special instructions, orders, pertaining to units of the district including but not limited to special hours of operation, swimming and boating restrictions, hunting and camping restrictions, and special instructions pertaining to areas where activities are curtailed or restricted. Proof of posting shall be filed in the offices of the division chiefs or the Sacramento California Office of the Division of Off-Highway Motor Vehicle Recreation.
(j) Special Events. Special Events are activities which are beyond the normal scope of activities and operations conducted in units under control of the Department of Parks and Recreation. Consistent with existing state policies and laws, District Superintendents may approve by permit a Special Event when it is found to be in the best interest of the Department of Parks and Recreation and is conducted by an appropriate sponsor at no net expense to the state. Special Event permits are required when fees are charged by the event sponsor beyond the regular State Park Facility Use Fees, when the Department has determined the event will create a greater potential hazard or liability to the State than incurred through typical operations, when the activity includes the exclusive use of an area within the park, when the activity interferes significantly with the public's use of an area, when additional staffing or staff time is required, or where items or services are sold. Special Event permits are required for any activity within the State Park System which meet any of these criteria, and which occur wholly or partially within or on any property owned, operated, or administered by the Department. Upon a finding by the District Superintendent that a special event is consistent with the unit's use, he/she may issue a Special Event permit for such use. The terms and conditions of such permit shall prevail where inconsistent with the rules herein when approved by the Division Chief, Chief of Off Highway Motor Vehicle Recreation Division or the District Superintendent.
(k) Juveniles. The term juvenile as used herein shall be construed to mean any person under the age of 18 years.
(l) “Aircraft” means any powered, unpowered, or towed device that is used or intended to be used to carry a person or persons in the air.
(m) Beach. Unless the context otherwise requires, the use of the word “beach” herein means that portion of a unit under control of the Department of Parks and Recreation between the edge of a body of water, extending inland, to whichever comes first: a fence, a distinctive berm or cliff, a line of vegetation, or an officially erected sign specifically designating the boundaries of the beach.
(n) Road. A road is that portion of a unit improved, designed, ordinarily used, or designated for vehicular travel, including vehicular trails within State Vehicular Recreation Area and Trail System.
(o) Designate. Designate means to indicate, specify, or make recognizable by some mark, sign, or name.
(p) Animals. An animal is any animate being which is endowed with the power of voluntary motion; animate being, not human.
(q) Placing of Road Signs. The term “Placing of Road Signs,” as used herein, means the placing of signs regulating the operation of motor vehicles, including, but not limited to, stop signs, yield signs, and speed limit signs, which is done in accordance with those instructions contained in section 21401 of the California Vehicle Code.
(r) Placing of Vehicle Recreation Trail Signs. The term “Placing of Vehicle Recreation Trail Signs,” as used herein, means the placing of signs regulating the operation of motor vehicles within the State Vehicular Recreation Area and Trail System which is done in accordance with section 38280 of the California Vehicle Code.
(s) Facility. Facility means any structure or combination of structures, or any feature or entity modified by humans for human use.
(t) Unit. Unit means any named and classified unit under control of the Department of Parks and Recreation, as well as any Department projects which have not yet been named or classified.
(u) Camping is defined as:
1) erecting a tent or shelter or arranging bedding, or both, for purposes of, or in such a way as will permit, remaining overnight.
2) Use of houseboats or boats for the purpose of sleeping during the nighttime hours, whether anchored, moored or beached.
3) Use of any parked or standing vehicle for the purpose of sleeping during nighttime hours.
(v) Rockhounding is defined as being the recreational gathering of stones and minerals found occurring naturally on the undisturbed surface of the land, including panning for gold in the natural water-washed gravel of streams.
(w) Float Material is defined as materials only occurring naturally on the surface of the land.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 21401 and 38280, Vehicle Code.
HISTORY

1. New subsections (q) and (r) filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Amendment of subsection (j) filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
4. Change without regulatory effect amending subsections (d), (i) and (j) and adding subsections (u)-(w) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4302. Use of Facilities, Payment.
Note     •     History

No person shall use or be present in any portion of a unit under control of the Department of Parks and Recreation for which a use fee has been established by the Department, without paying such fee, with the exception of units which require payment of fees upon exit. This shall not apply to state officers and employees on official business nor to persons excepted by the Department for administrative reasons.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5010, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§4304. Aircraft.
Note     •     History

No person, using any aircraft, shall land, taxi on or take off from any body of water or from any portion of any unit if not specifically approved by the Department and the unit has been designated for landing of aircraft. No person shall parachute into, fly an unlicensed aircraft, ultralight vehicle, or hang glider over, or parasail or balloon over any State Park unit at an altitude of less than 500 feet unless authorized by the Department by posted order in accordance with section 4301(i).
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.7, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
3. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4305. Animals.
Note     •     History

(a) Protection. No person shall molest, hunt, disturb, harm, feed, touch, tease, or spotlight any kind of animal or fish or so attempt.
(b) No person shall injure, trap, take, net, poison, or kill, any kind of animal or fish, or so attempt, except that fish and bait may be taken, other than for commercial purposes in accordance with state laws and regulations.
(c) Where hunting in a state recreation area or within the State Vehicular Recreation Area and Trail System or portion thereof is permitted by regulations herein, so much of this section as is inconsistent therewith shall be deemed inapplicable, provided hunting is conducted in the manner specified.
(d) This section does not apply to activities undertaken by the Department in conjunction with its resource management activities.
(e) Feeding. In units or portions thereof where posted in accordance with Section 4301(i), no person shall feed any wildlife or feral animal listed on such posting.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003.1 and 5019.56, Public Resources Code.
HISTORY

1. Amendment filed 12-4-86; effective thirtieth day thereafter (Register 86, No. 49).
2. Amendment of section filed 8-29-91 as an emergency; operative 8-29-91 (Register 91, No. 51). A Certificate of Compliance must be transmitted to OAL 12-27-91 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of law and new section filed 2-5-92; operative 2-5-92 (Register 92, No. 12).
4. Change without regulatory effect amending subsection (a), adding subsection (b) designator to and amending second paragraph, repealing third paragraph, adding subsection (c) and (d) designators to former fourth and fifth paragraphs and subsection relettering filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4306. Plants and Driftwood.
Note     •     History

(a) No person shall willfully or negligently pick, dig up, cut, mutilate, destroy, injure, disturb, move, molest, burn, or carry away any tree or plant or portion thereof, including but not limited to leaf mold, flowers, foliage, berries, fruit, grass, turf, humus, shrubs, cones, and dead wood, except in specific units when authorization by the Department to take berries, or gather mushrooms, or gather pine cones, or collect driftwood is posted at the headquarters of the unit to which the authorization applies. Any collecting allowed by authority of this section may be done for personal use only and not for commercial purposes.
(b) No person may gather more than five pounds of such material except driftwood each day in the State Park System or State Vehicular Recreation Area and Trail System.  
(c) No person may gather more than 50 pounds or one piece of driftwood each day in the State Park System or State Vehicular Recreation and Trails System.
(d) Use of tools, vehicles, and equipment for the collecting of driftwood is prohibited.
(e) Upon a finding that it will be in the best interest of the Department of Parks and Recreation, the District Superintendent may, by posting, authorize the collection of driftwood from specified units on a temporary basis, either by the general public or by commercial operators, if necessary, in quantities, for purposes, and by means other than as specified by this section.
(f) This section does not apply to activities undertaken by the Department in conjunction with its resource management activities.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.65 and 5007.1, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
4. Change without regulatory effect adding subsection (a)-(f) designators filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4307. Geological Features.
Note     •     History

(a) No person shall destroy, disturb, mutilate, or remove earth, sand, gravel, oil, minerals, rocks, paleontological features, or features of caves.
(b) Rockhounding may be permitted as defined in Section 4301(v).
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect adding subsection (a) and (b) designators and amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4308. Archaeological Features.
Note     •     History

No person shall remove, injure, disfigure, deface, or destroy any object of archaeological, or historical interest or value.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4309. Special Permits.
Note     •     History

The Department may grant a permit to remove, treat, disturb, or destroy plants or animals or geological, historical, archaeological or paleontological materials; and any person who has been properly granted such a permit shall to that extent not be liable for prosecution for violation of the foregoing.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.65 and 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4310. Litter.
Note     •     History

No person shall leave, deposit, drop, or scatter bottles, broken glass, ashes, waste paper, cans, or other litter in a unit except in a receptacle designated for that purpose, and no person shall import any litter, or import and deposit any litter into or in any unit from other places.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.7, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4311. Fire in Stoves, Smoking.
Note     •     History

No person shall 
(a) light, build, use, or maintain a fire within a unit except in a camp stove or a fireplace provided, maintained, or designated by the Department for such purpose. Portable camp stoves may be used in portions of units approved by the Department.
(b) Fires shall at all times be maintained in a safe condition that does not threaten any person, natural or structural feature.
(c) Upon a finding of extreme fire hazard by the Department no person shall smoke or build fires in portions of units other than those designated by the Department for such purposes.
(d) This section does not apply to fire fighters or Department employees carrying out fire suppression or resource management activities approved by the Department.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
3. Change without regulatory effect adding subsection (a)-(d) designators and amending subsections (a) and (b) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4312. Control of Animals.
Note     •     History

(a) No person shall permit a dog to run loose, or turn loose any animal in any portion of a unit, except upon written authorization by the District Superintendent.
(b) No person shall keep an animal in any unit except under his/her immediate control.
(c) No person shall keep a noisy, vicious, or dangerous dog or animal or one which is disturbing to other persons, in any unit and remain therein after he/she has been asked by a peace officer to leave.
(d) No person shall permit a dog or a cat to remain outside a tent, camper, or enclosed vehicle during the night.
(e) No person shall bring a dog into, permit a dog to enter or remain, or possess a dog in units under control of Department of Parks and Recreation unless the dog is on leash of no more than six feet in length and under the immediate control of a person or confined in a vehicle.
(f) No person shall bring a dog into, permit a dog to enter or remain, or possess a dog:
1) beyond the limits of campgrounds, picnic areas, parking areas, roads, structures or in posted portions of units except as provided elsewhere in this section.
2) on any beach adjacent to any body of water in any unit except in portions of units designated for dogs.
(g) In state recreation areas open to hunting pursuant to Public Resources Code, Section 5003.1, dogs may be used to assist in hunting. Such dogs shall not be permitted to pursue or take any wildlife other than that being hunted.
(h) Subsections e) and f) shall not apply to trained “seeing eye,” “signal,” or “service” dogs used to guide a physically impaired person there present, or dogs that are being trained to become “seeing eye,” “signal,” or “service” dogs.
(g) Grazing. No person shall graze, herd or permit livestock to enter or remain inside a unit without specific written authorization of the Department, except for grazing by animals used for riding or packing under direct control of visitors or concessionaires.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003.1 and 508, Public Resources Code.
HISTORY

1. Amendment of subsection (c) filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Change without regulatory effect amending section heading and section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4313. Weapons and Traps.
Note     •     History

(a) No person shall carry, possess or discharge across, in or into any portion of any unit any weapon, firearm, spear, bow and arrow, trap, net, or device capable of injuring, or killing any person or animal, or capturing any animal, or damaging any public or private property, except in underwater parks or designated archery ranges where the Department of Parks and Recreation finds that it is in its best interests.
(b) Nothing herein contained shall be construed in derogation of the use of weapons permitted by law or regulation and to be used for hunting in any unit, or portion thereof, open to hunting.
(c) Firearms not having a cartridge in any portion of the mechanism, other unloaded weapons or devices such as traps, nets, and bows and arrows may be possessed within temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased, or stored in a manner that will prevent their ready use.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003.1 and 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect adding subsection (a)-(c) designators and amending newly designated subsections (a) and (c) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4314. Fireworks.
Note     •     History

(a) No person shall possess, discharge, set off, or cause to be discharged, in or into any portion of a unit any firecrackers, torpedoes, rockets, fireworks, explosives, or substances harmful to the life or safety of persons.
(b) The Department may grant exceptions to this section for specified locations and periods of time upon finding that such activity will not endanger persons, property, or resources.
(c) This section does not apply to explosives lawfully possessed or used under the direction of the Department.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Change without regulatory effect adding subsection (a)-(c) designators filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4315. Grazing. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.65 and 5008, Public Resources Code.
HISTORY

1. New section filed 5-26-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4316. Commercial Filming.
Note     •     History

Except where authorized by the Department, no person shall photograph, videotape or film for commercial (profit and sale) purposes in any unit, or portion thereof, owned, operated or administered by the Department without a permit from the California Film Commission, pursuant to Government Code section 14998.8.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
HISTORY

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§4317. Curfew.
Note     •     History

(a) The Department may from time to time by order declare curfew for juveniles in any unit or portion thereof upon a finding that conditions therein are such as to warrant special measures for the protection of juveniles and others and for the safety and welfare of the general public.
(b) Such curfew order shall specify the hours thereof and the period therefor and shall be posted.
(c) When curfew has been so ordered, no juvenile so prohibited shall during the effective period enter or remain therein, except as follows:
(1) One who is accompanied by a parent or guardian.
(2) One who is part of a group permitted to occupy a unit or portion thereof and who is supervised by at least one responsible adult for each fifteen juveniles.
(3) One who is lawfully camping, having furnished to the Department written consent of and the full name, residence number, and telephone number of the juvenile's parent or guardian, with the inclusive dates for which permission is granted to camp at the unit involved.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4318. Peeping Toms.
Note     •     History

No person shall loiter, prowl or wander about a park restroom, shower or changing facility and peek into the doors and windows or other openings of such facilities when occupied, without visible or lawful business with the occupants thereof.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
HISTORY

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§4319. Games and Recreational Activities.
Note     •     History

No person shall engage in games or recreational activities that endanger the safety of persons, property, resources, or interfere with visitor activities except as permitted by the Department. No person shall hold, sponsor, lead, or otherwise have control over a game or recreational activity occurring wholly or partially within or on any property owned, operated or administered by the Department without an approved Special Event permit if any of the criteria set forth in section 4301(j) apply.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§4320. Peace and Quiet.
Note     •     History

To insure peace and adequate rest for visitors:
(a) No person shall disturb others in sleeping quarters or in campgrounds between the hours of 10 p.m. and 6 a.m. daily.
(b) No person shall, at any time, use outside machinery or electronic equipment including electrical speakers, radios, phonographs, televisions, or other devices, at a volume which is, or is likely to be, disturbing to others without specific permission of the Department.
(c) No person shall operate an engine driven electric generator which emits sound which is, or is likely to be, disturbing to others between the hours of 8 p.m. and 10 a.m. without permission of the Department.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§4321. Assembly.
Note     •     History

No person shall conduct or attend an assembly or public demonstration except by permission of the Department upon a finding that such activity would not substantially interfere with park use.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4322. Nudity.
Note     •     History

No person shall appear nude while in any unit except in authorized areas set aside for that purpose by the Department. The word nude as used herein means unclothed or in such a state of undress as to expose any part or portion of the pubic or anal region or genitalia of any person or any portion of the breast at or below the areola thereof of any female person.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4323. Equipment and Occupancy.
Note     •     History

(a) Arrangement and Numbers. The Department may specify the size, type, arrangement and use of recreational equipment and the number of persons permitted in any unit or portion thereof. No person shall otherwise introduce, keep, use, or arrange his/her equipment. No person shall otherwise exceed established occupancy limitations.
(b) Food Storage. In units or portions thereof where posted in accordance with Section 4301(i), no person shall store food, lawfully taken fish or wildlife, garbage or equipment with food residue, other than in the sealed compartment of a vehicle incapable of being opened by wild animals, in a food storage unit designated by the Department, in accordance with posted instructions, or, in areas where bears are a problem, suspended at least ten (10) feet above any material that would support the weight of a bear and separated horizontally by at least four (4) feet from any post, tree trunk or other object. This restriction does not apply to food that is actively being carried, consumed or prepared for human consumption or pets.
(c) No person shall erect, maintain, use, or occupy any temporary tent or shelter on any beach unless there is an unobstructed view through such tent or shelter from at least two sides, provided, however, that nothing herein contained shall be construed to authorize camping except as provided in Section 4451 hereof.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of section filed 8-29-91 as an emergency; operative 8-29-91 (Register 91, No. 51). A Certificate of Compliance must be transmitted to OAL 12-27-91 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of law and new section filed 2-5-92; operative 2-5-92 (Register 92, No. 12).
4. Change without regulatory effect renumbering former section 4663 to new subsection 4323(c) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4324. Sanitation.
Note     •     History

(a) No person shall deposit waste, water, sewage or effluent from sinks, portable toilets, and other plumbing fixtures directly upon or into the surface of the ground or water.
(b) No person shall deposit any body waste in or any portion of any comfort station or other structure except into fixtures provided for that purpose.
(c) No person shall place any bottle, can, cloth, rag, metal, wood, paper, or stone substances in any plumbing fixture in such a manner as would interfere with the normal operation of such fixture.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Repealer and new section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Change without regulatory effect repealing subsections (d)-(e) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4325. Prohibited Area. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4326. Violation of Posted Orders or Special Use, Special Event, Film or Collection Permit.
Note     •     History

No person shall
(a) violate any provision of an order posted pursuant to the provisions of section 4301(i) hereof including, but not limited to, prohibited areas, use periods, no alcoholic beverage areas, no smoking areas and no parking areas, where posted in accordance with 4301(q), or, 
(b) violate any provision or restriction of a Special Use, Special Event, Film or Collection permit issued pursuant to these regulations.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
3. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4327. Use Periods. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4328. Alcoholic Beverages. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
3. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4329. Smoking. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4330. Pesticides.
Note     •     History

(a) No person shall disperse or otherwise apply any pesticide within any unit or portion thereof, whether to the air, water, ground, or vegetation, unless prior written approval has been obtained from the Department.
(b) Exception is made in the instance of dispersal within enclosed buildings, tents, tent trailers, or within any vehicle or boat containing living or sleeping quarters, or the use outdoors within ten (10) feet of the table, stove, tent or food lockers, of hand-held finger-operated aerosol dispensers or hand-operated plunger-type dispensers with net contents not to exceed twenty (20) ounces and containing any of the following pesticides: Pyrethrine, Allethrin, Piperonyl butoxide, Malathion, DDVP (Dichlorves Vapona), Dibrom, Rotenone (Derrin, Cube Root).
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect adding subsection (a) and (b) designators and repealing last paragraph filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4331. Soliciting.
Note     •     History

No person shall solicit, sell, hawk, or peddle any goods, wares, merchandise, services, liquids, or edibles for human consumption or distribute circulars in any unit, except as permitted by the Department. Such prohibition shall include sales activities that utilize park property or facilities to complete the terms of sale or provide a service as a result of the sale or that effect park operations, facility use or visitor safety. Also included are sales activities which encroach on the sales rights of a vendor authorized to sell such products, or services pursuant to a concession contract with the Department.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Fresno Superior Court No. 348560-6; Sections 5001.65, 5008(a), 5019.10 and 5019.53, Public Resources Code.
HISTORY

1. Amendment filed 6-17-83 as an emergency; designated effective 6-30-83 (Register 83, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-28-83.
2. Editorial correction filed 7-7-83 (Register 83, No. 28).
3. Reinstatement of section as it existed prior to emergency amendment filed 6-17-83 by operation of Government Code section 11346.1(f) (Register 84, No. 49).
4. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
5. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§4332. Preparation of General Plan.
Note     •     History

After classification or reclassification of a unit, the Department shall obtain public comment and prepare a general plan. The general plan shall consist of a resource element, a land use element, a facilities element, and an operations element. In order that it shall act as a guide and constraint, the resource element will be prepared, made available for public comment, and approved by the Director before substantial work is done on the other elements of the plan.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5002.2, Public Resources Code.
HISTORY

1. New section filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4333. Glass Containers.
Note     •     History

No person shall possess or use a glass container, bottle, jar, tumbler, or vessel of whatever nature, empty or not, where prohibited by order of the Department, except that persons may pick up glass containers left or discarded by others and remove or deposit same in an approved trash receptacle. Signs shall be posted at beaches and locations where glass containers are prohibited.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008 and 5008.7, Public Resources Code.
HISTORY

1. New section filed 12-4-86; effective thirtieth day thereafter (Register 86, No. 49).
Chapter 2. Vehicles, Boats, Aircraft, Horses, and Operator Propelled Devices
§4350. Reference to Vehicle Code.
Note     •     History

The provisions of the Vehicle Code relating to traffic upon highways shall be applicable to Departmental units except as provided by Departmental regulations in Title 14 herein, and such regulations contain the special conditions referred to in Section 21113 of the Vehicle Code.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 21113, Vehicle Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4351. Natural Preserve.
Note     •     History

No person shall drive, operate, leave, place, land, taxi, takeoff or stop a motor vehicle, motorboat or aircraft within the boundaries of a natural preserve.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.8, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of section heading and section filed 6-23-2009; operative 6-23-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 26). 
§4351.1. State Wilderness.
Note     •     History

(a) Except where it is necessary in an emergency involving the health and safety of persons within the wilderness area, there shall be no use of motorized vehicles, motorized equipment, or motorboats, no landing or hovering of aircraft, no flying of aircraft lower than 2,000 feet above the ground, no other form of mechanical transport, and no permanent structure or installation within any state wilderness, and except to the extent the Director of the Department of Parks and Recreation, or his/her designee makes the following findings in writing (“Findings”): 
(1) the use of motorized vehicles, motorized equipment, or motorboats, the landing or hovering of aircraft, or flying of aircraft lower than 2,000 feet above the ground, the use of any other form of mechanical transport, or the placement of a temporary structure or installation must be temporary and meet a minimum management requirement. A minimum management requirement is defined in AB 2945 as “the minimum wilderness management actions that are necessary to administer a wilderness area for the purposes of this Chapter.” 
(2) the approach proposed to perform the minimum management requirement will make use of the “minimum tool” to best preserve wilderness values under the given circumstances. The “minimum tool” is defined as “the least intrusive tool, equipment, device, regulation, action, or practice that will achieve the minimum management requirements.” 
(3) the result of the work will be a condition as near as natural as possible and shall leave no permanent trace or permanent installation or structure. 
(b) Upon making the Findings required in section 4351.1 (a), the Director may authorize officers, employees or agents of the Department of Parks and Recreation to occupy and use a particular state wilderness within the California State Park System on a case-by-case basis to conduct a minimum management requirement. 
(c) Prior to the Director making the Findings, Department of Parks and Recreation staff shall make a recommendation to the Director on the proposed Findings. The recommendation shall provide sufficient background, analysis, data and research to allow the Director to fairly and objectively evaluate the material considerations for the Findings. The staff recommendation shall include: 
(1) an analysis of whether a wilderness management need exists; 
(2) a description of the proposed minimum management requirement and the minimum tools to be used, including when, where and the time frame for the proposed action; 
(3) the alternative approaches considered, including a discussion of the pros and cons of the alternatives; and 
(4) any measures that minimize the effects of the proposed activities. 
(d) The process set forth in California Code of Regulations section 4351.1 shall be used only to evaluate and arrive at a project description and a proposed action and shall not replace or supplant any required analysis under the California Environmental Quality Act (CEQA.)
NOTE

Authority cited: Sections 5003 and 5093.36, Public Resources Code. Reference: Section 5093.36, Public Resources Code.
HISTORY

1. New section filed 6-23-2009; operative 6-23-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 26). 
§4352. Off-Highway Vehicles Hovercraft and Snowmobiles.
Note     •     History

No person shall operate an off-highway vehicle, hovercraft or snowmobile except in designated units or portions thereof.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.8, Public Resources Code and Section 23128, Vehicle Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§4353. Speed Limits.
Note     •     History

(a) In no event shall a vehicle be driven at a speed greater than 15 miles per hour in camps, picnic areas, utility areas, or headquarters areas or in areas where the general public assembles;
(b) In all other areas the Department, based on the results of a traffic and engineering survey as defined in Section 627 of the California Vehicle Code may, by order, determine a speed limit. which shall be effective when appropriate signs are placed in accordance with Section 4301(q). All speed limit signs that are placed in accordance with Section 21401 of the California Vehicle Code in place on January 1, 1980, are hereby ratified and confirmed. until changed pursuant to engineering and traffic surveys;
(c) In newly acquired or developed areas, the Department may establish a speed limit which will be in effect for a period not exceeding 120 days.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 21113 and 22350, Vehicle Code; Section 5001.8, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25). 
§4354. Dangerous Vehicle Operation.
Note     •     History

No person shall operate any vehicle, motor vehicle, off-highway vehicle, or bicycle negligently or willfully in such a manner as to pursue, harass, endanger, or injure any person or animal.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section heading filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25). 
§4355. Vehicle Operation.
Note     •     History

No person shall operate, drive, use, leave, park, place or stop a vehicle, except on a road or a parking area in any unit or a portion thereof,  
(a) or in violation of the condition, limitations, or restrictions in such unit or portion thereof;
(b) or in violation of any regulation contained herein.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.8, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect adding subsection (a) and (b) designators and amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4356. Removal of Vehicles and Vessels.
Note     •     History

Any peace officer having jurisdiction in any unit is authorized to cause the removal of a vehicle from a unit under the provisions of the Vehicle Code including, but not limited to, Section 22659, when such vehicle is parked or left standing in violation of the Vehicle Code or state park regulation contained in Title 14 herein, or has been left standing for 72 hours.
(b) Any peace officer having jurisdiction or any property owned, operated or administered by the Department is authorized to cause the removal of a vessel from such property under the provisions of the Harbors and Navigation Code including, but not limited to, section 675(a)(1) when such vessel is left in violation of the Harbors and Navigation Code or title 14, division 3, chapter 2 of the California Code of Regulations.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code; Section 22659, Vehicle Code; Section 675(a)(1), Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of subsection (a) and new subsection (b) filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
3. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4357. Vehicle Operators.
Note     •     History

(a) All individuals operating vehicles in any units shall be properly licensed.
(b) The Department may authorize certain types of vehicles to be operated in units or portions thereof by other than licensed operators.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 12501, Vehicle Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect adding subsection (a) and (b) designators and amending subsection (a) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4358. Parking.
Note     •     History

The Department may, by posting of notices (4301(i) and (q)), prohibit or restrict the parking or standing of vehicles in units or portions thereof, during all or certain hours of the day. No such posting of notices shall apply until signs or markings giving adequate notice thereof have been placed.
No person shall block or prevent access to a parking space that they do not lawfully occupy by the parking, standing, or stopping of a vehicle or placement of other objects, or any person. A person may lawfully occupy a parking place only through payment of fees or by being on Department business.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.8 and 5008, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
4. Change without regulatory effect repealing first  sentence of each paragraph filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4359. Riding or Pack Animals.
Note     •     History

(a) No person shall ride, drive, lead, or keep a  saddle or pack animal in a unit, or portion thereof, except on such roads, beaches, trails, or areas so designated by the Department.
(b) No saddle or pack animal shall be hitched to any tree, shrub, or structure in any manner that might cause damage thereto.
(c) No person shall ride any animal in a manner that might endanger life or limb of any animal, person or property;
(d)  No person shall allow their animal to stand unattended or insecurely tied.
(e) All persons opening a closed gate shall close the same after passing through it.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Change without regulatory effect amending section heading and section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25). 
§4360. Bicycles, Operator Propelled Devices.
Note     •     History

No person shall operate an operator or gravity propelled device in any unit, or portion thereof, when the Department has issued an order prohibiting such activity. The Department may establish speed limits for units or portions thereof in which these devices are used. Speed limits will be posted.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25). 
§4361. Aircraft. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.7, Public Resources Code.
HISTORY

1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Repealer filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
Chapter 3. Concessions
§4400. Procedure, Concessions.
Note     •     History

Within ten (10) days after the Department of Parks and Recreation has issued a notice of intent to award a concession contract for a term in excess of two (2) years following a request for proposal or invitation to bid,  any proposer/bidder may file a written statement of protest against awarding of the contract with the Director of the Department. The statement shall be signed by the protestor, shall specify the grounds for the protest and may include a demand for a hearing. A copy of the protest must be served on the Attorney General within the same ten-day period by the proposer/bidder.
If a protest is timely served and a hearing is demanded, or if the Director on his or her own motion orders a hearing, proceedings shall be conducted according to the Administrative Procedure Act, and the protest statement shall be treated as a statement of issues. Any recommendation or decision of the hearing officer shall be submitted to the Director for approval, adoption, modification, disapproval or other interlocutory or final action.
If a hearing is not so demanded or ordered, the action of the Director shall be final.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5080.03, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of section and Note filed 10-16-2003; operative 11-15-2003 (Register 2003, No. 42).
Chapter 4. Camping
§4450. Sections Applicable Only to State Operated Units.
Note     •     History

All sections in Chapter 4 shall apply only to units operated by the Department of Parks and Recreation.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.10, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4451. Camping.
Note     •     History

(a) No person shall camp, as defined in Section 4301(U), in any unit except in areas designated for that purpose.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25). 
§4452. Number Occupying Campsites.
Note     •     History

(a) The number of vehicles and persons occupying a campsite shall not exceed two vehicles and eight persons; 
(b) the Department may authorize a greater or lesser number when facilities so warrant.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect adding subsection (a) and (b) designators and amending subsection (b) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25). 
§4453. Camping Fees Due.
Note     •     History

(a) Fees for the use of camping facilities are due and payable daily. 
(b) The fee covers use of camping facilities until the vacating time of 12:00 noon, of the following day.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5010, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect adding subsection (a) and (b) designators and amending subsection (b) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25). 
§4454. Occupancy.
Note     •     History

(a) A campsite is considered occupied when it is being used or has been reserved and the campsite is officially posted or marked “occupied” either at the campsite or entrance station.
(b) The person or persons by or for whom the daily use fee has been paid and the guests and invitees of such person or persons may occupy the campsite.
(c) No person not authorized to occupy a campsite pursuant to subparagraph (a) and (b) of this section or pursuant to law, shall take or maintain possession or arrange camping equipment or park or stand a vehicle in a campsite marked occupied.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25). 
§4455. Camping Time Limits.
Note     •     History

(a) General. Occupancy by the same persons, equipment, or vehicles of any camping facility is limited to a total of 30 days in any calendar year in that unit. The Department may establish shorter or longer limits of occupancy.
(b) Shorter Limits. When the department has established shorter seasonal limits, no person (or persons) who have occupied a campsite for the established limit may reregister in the unit until the expiration of forty-eight (48) hours, from 12:00 noon of the checkout day to 12:00 noon of the second day following. Upon expiration of the established limit, the registered camper shall vacate the campsite of all persons, vehicles and equipment.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Amendment of subsection (b) filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§4456. Vacating.
Note     •     History

Occupants shall vacate the campsite by removing their person, vehicles and property therefrom prior to 12:00 noon if applicable use fee has not been paid or if time limit for occupancy has expired.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§4457. One-Night Camping in Day Use Areas.
Note     •     History

The district superintendent may permit camping for one night only in a day use area or a portion thereof. Persons occupying a site for such camping shall vacate the same by 9 a.m. the following morning, shall be subject to such fees and vehicle limitations as the Department may establish, and shall be limited to the use of only such portions of the unit as the Department shall specify.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25). 
§4458. Nighttime Closure.
Note     •     History

No person shall be present in any campground between the hours of 10 p.m. and 6 a.m. except as the lawfully registered occupant or for the lawful purpose of camping when campsites are available.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25). 
§4460. Parking for Overnight Camping in Designated Coastal Beach Parking Areas. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code.
HISTORY

1. New section filed 7-19-77 as an emergency; effective upon filing (Register 77, No. 30).
2. New section refiled 1-4-78 as an emergency; effective upon filing (Register 78, No. 1).
3. Repealed by operation of Section 11422.1(c), Government Code (Register 79, No. 10).
§4461. Coastal Beach Overnight Parking Areas. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code.
HISTORY

1. New section filed 7-19-77 as an emergency; effective upon filing (Register 77, No. 30).
2. New section refiled 1-4-78 as an emergency; effective upon filing (Register 78, No. 1).
3. Repealed by operation of Section 11422.1(c), Government Code (Register 79, No. 10).
§4462. Definitions. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code.
HISTORY

1. New section filed 7-19-77 as an emergency; effective upon filing (Register 77, No. 30).
2. New section refiled 1-4-78 as an emergency; effective upon filing (Register 78, No. 1).
3. Repealed by operation of Section 11422.1(c), Government Code (Register 79, No. 10).
§4463. Annual Permit Fee and Inspection. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code.
HISTORY

1. New section filed 7-19-77 as an emergency; effective upon filing (Register 77, No. 30).
2. New section refiled 1-4-78 as an emergency; effective upon filing (Register 78, No. 1).
3. Repealed by operation of Section 11422.1(c), Government Code (Register 79, No. 10).
§4464. Self-Contained Vehicle Camping. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code.
HISTORY

1. New section filed 7-19-77 as an emergency; effective upon filing (Register 77, No. 30).
2. New section refiled 1-4-78 as an emergency; effective upon filing (Register 78, No. 1).
3. Repealed by operation of Section 11422.1(c), Government Code (Register 79, No. 10).
Chapter 5. Hunting
§4500. Areas Open to Hunting, General Provisions. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003.1 and 5019.56, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25). 
§4501. Hunting Authorized.
Note     •     History

Hunting is authorized as follows:
(a) Picacho State Recreation Area.
There is opened to hunting annually from the opening day of dove hunting season through the closing day of duck or goose hunting season, whichever is later, as established by the State Fish and Game Commission, all lands except those portions described as follows:
(1) That portion of Section 24, Township 13 South, Range 22 East, S.B.B.&M., lying east of the western line of Lot 2.
(2) The northeast quarter of the northwest quarter; the north half of the southeast quarter of the northwest quarter; the northwest quarter of the northeast quarter; the west half of the northeast quarter of the northeast quarter; the northeast quarter of the northeast quarter of the northeast quarter; the north half of the southwest quarter of the northeast quarter; and the northwest quarter of the southeast quarter of the northeast quarter of Section 25, Township 13 South, Range 22 East, S.B.B.&M.
(3) That portion of Section 19, Township 13 South, Range 23 East, S.B.B.&M., which lies west of the western line of Colorado Street as said street is shown on the map of the Town of Picacho filed April 24, 1897, in Book 1 of Maps, Page 2, Official Records of San Diego County.
At all other times than from the opening day of the dove hunting season through the closing day of duck or goose hunting season, as established by the State Fish and Game Commission, the area shall be closed to hunting to accommodate visitors and insure their safety. (See 14 ADM C. 501, and 502(a) (1).)
A map of the portions of the state recreation area opened to hunting shall be available at the state recreation area office for examination.
(b) Hunting. Auburn State Recreation Area.
Hunting is allowed with the following restrictions.
Location: No hunting is allowed at the following locations:
(1) All lands west of Highway 49.
(2) The main body of Lake Clementine and adjacent lands within 150 yards of the lake, and within 150 yards of any access road, building, campground, or marina.
(3) The Middle Fork of the American River and adjacent lands from the Highway 49 bridge upstream (east) to the upper end (inclusive) of the area known as Mammoth Bar.
(4) The North Fork of the American River and adjacent lands from the Highway 49 bridge upstream to Clementine Dam.
(5) All lands west of the intersection of the old and the new Auburn Foresthill roads.
(6) All areas leased for grazing.
Season: Hunting is only allowed during the regular hunting season established by the Fish and Game Commission between September 1 and January 31.
Species: Deer, California Quail, dove and Bandtail Pigeon and turkey.
Method: Only shotguns, rifles and bows and arrows may be used and only in compliance with all Fish & Game Commission Regulations.
A map of the portions of the state recreation area open to hunting shall be available at the state recreation area office for examination.
(c) Hunting, San Luis Reservoir State Recreation Area.
There is opened to hunting annually from the opening day of hunting season for ducks or geese, whichever is earlier, to and including the closing day of said season, whichever is later, as established by the State Fish and Game Commission all lands except those portions described as follows:
(1) In San Luis Reservoir:
(a) San Luis Dam structure.
(b) San Luis trash rack structure.
(c) That portion of land lying between the basalt access road and the San Luis Reservoir water line, from the south end of the dam to and including the basalt boat ramp.
(2) In O'Neill Forebay:
(a) California aqueduct structure from where it enters O'Neill Forebay to the Recreation Area boundary.
(b) O'Neill pumping plant structure.
(c) O'Neill dam structure.
(d) California aqueduct outlet from its mouth to the Recreation Area boundary.
(e) All the land in the Mederios area bounded b O'Neill Forebay and Highways 207 and 152.
(f) All land in the San Luis Creek area from a point on the waterline, 7,500 feet south of the north boundary of the Recreation Area: thence west to the west fence and projection of the fence line to O'Neill Forebay: thence easterly and northerly along the waterline to the point of beginning.
(3) In Los Banos Creek Reservoir area.
(a) Los Banos Dam structure and Vista Point.
(b) The two campground areas and the posted adjacent shoreline on the north side of the reservoir.
(4) In all areas for a distance of 300 feet beyond each and all of the above specifically described areas, but not extending beyond the State Recreation Area boundary.
At all other times than from the opening day of such duck or goose hunting seasons, whichever is earlier, to and including the closing day of said hunting season, whichever is later as established by the State Fish and Game Commission, the area shall be closed to hunting to accommodate visitors and ensure their safety. (See 14 Cal. Adm. Code Section 502(a)(1).)
A map of the portions of the state recreation area open to hunting shall be available at the State Recreation Area Office for examination.
(d) Hunting. Providence Mountains State Recreational Area.
There is opened to hunting within that portion described as follows:
That parcel of land located in Township 10 North, Range 14 East, of the San Bernardino Base Meridian, San Bernardino County, California, more particularly described as follows:
Beginning at the center west sixteenth corner in Section 8, thence in a southerly direction along the section line in Sections 8 and 17, thence to the center west sixteenth corner in Section 17, thence easterly along the quarter section line to the quarter corner common to Sections 16 and Section 17, thence northerly along the section line to the section corner common to Sections 8, 9, 16 and 17, thence easterly along the section line to the east-west sixty fourth center common to Sections 9 and 16, thence northerly along the sixty fourth section line 800 feet to a point, thence east 2,000 feet more or less to a road commonly known as the Old C and K Mine Road, thence in a generally easterly and southerly direction along said road 9,000 feet more or less to a fork in the road, thence along the southerly fork 600 feet more or less to the section line common to Sections 14 and 15, thence southerly along the section line approximately 1.7 miles to the quarter corner common to Sections 26 and 27, thence easterly in Section 26 along the quarter section line to the center-east sixteenth corner in Section 26, thence northerly along the sixteenth section line 2.5 miles more or less to the east sixteenth corner common to Sections 11 and 14, thence westerly 1.25 miles to the quarter corner common to Sections 10 and 15, thence northerly along the quarter section line to the center quarter corner of section 10, thence westerly approximately 2.5 miles along the quarter section line in Sections 10, 9, and 8, thence to the center-west sixteenth corner in Section 8, being the point of beginning of said parcel.
Excepting therefrom all lands that are not under the control of the Department.
(e) Hunting. Lake Oroville State Recreation Area.
There is opened to hunting annually, between September 15 and January 31 only, during the regular hunting season, and during the spring turkey hunting season, as established by the State Fish and Game Commission, all lands except those portions described as follows:
(1) West branch of the lake and adjacent lands upstream from the Highway 70 bridge.
(2) The main body of the lake downstream from Foreman Point and downstream from the Bidwell Bar bridge.
(3) Those areas known as Goat Ranch, Bloomer Primitive, Foreman Creek, Sycamore Creek and Craig Boat-in Campground.
(4) Thermalito Forebay north and south and adjacent state recreation area lands.
(5) Thermalito diversion reservoir and adjacent state recreation area lands.
(6) Hunting will be prohibited within 300 yards of any designated campground, building or dock.
Except during turkey hunting season in the spring, no hunting will be allowed during the period between February 1 through September 14, to accommodate other visitors and ensure their safety. (See Title 14 Cal. Adm. Code Section 502(a)(1).)
A map of the portions of the state recreation area open to hunting shall be available at the state recreation area office for examination.
(f) Hunting. Lake Perris State Recreation Area.
There is opened to hunting annually during the regular seasons established by the State Fish and Game Commission, during the period September 1 through January 31, and with shotguns only, within those portions bounded by the Bernasconi Pass Road and a posted boundary to the lake shore; the lake shoreline northerly to a posted boundary to the Davis Road; the Davis Road easterly to the state recreation area boundary; and the state recreation area boundary southerly and westerly to the point of beginning at the Bernasconi Pass Road.
That portion of the lake area posted with buoys to approximately 1556 contour line from the first ridge and the lake shoreline northerly of the Bernasconi Pass Road, northerly to an outcropping of rocks and posted with buoys on the east shoreline located approximately on a bearing of north 70 degrees east from the top of Alessandro Island.
A map of the portions of the state recreation area open to hunting shall be available at the state recreation area office for examination.
(g) Hunting. Harry A. Merlo State Recreation Area.
There is opened to hunting annually during the regular waterfowl hunting season, as established by the State Fish and Game Commission, all lands in the Harry A. Merlo State Recreation Area at or below the 20 foot elevation contour. Possession of a loaded firearm will be illegal within the unit at all elevations above 20 feet at all times.
A map of the portions of the state recreation area open to hunting shall be available at the state recreation area office for examination.
(h) Hunting. Franks Tract State Recreation Area.
There is opened to waterfowl hunting annually from the opening day of hunting season for ducks and geese, whichever is earlier, to and including the closing day of this season, whichever is later as established by the Fish and Game Commission, in all of Franks Tract State Recreation Area, except the 330 acre island known as Little Franks Tract, which is bounded on the south and west by Piper Slough, on the North by False River, and on the east by the open water portion of Franks Tract State Recreation Area; also excepting that portion of Franks Tract State Recreation Area lying southwest of the following line: beginning at a point on Little Franks Tract, 2,000 feet north of Piper Slough, thence southeast 2,000 feet east of Piper Slough levee to the junction of Holland Island levee.
A map of the portions of Franks Tract State Recreation Area open to hunting shall be available at the Delta District office at Brannan Island State Recreation Area for examination.
NOTE

Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003.1, 5017, 5019.5 and 5019.56, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section heading and section, adding new subsection (a) and renumbering former sections 4503-4509 to new subsections 4501(b)-(h) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25). 
§4502. Prohibition of Taking Game Not Regulated or Protected by Statute Where Hunting Is Permitted. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5001.65, 5003 and 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25). 
§4503. Hunting. Auburn State Recreation Area. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
HISTORY

1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
3. Change without regulatory effect renumbering former section 4503 to new subsection 4501(b) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4504. Hunting, San Luis Reservoir State Recreation Area. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Change without regulatory effect renumbering former section 4504 to new subsection 4501(c) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4505. Hunting, Providence Mountains State Recreation Area. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former section 4505 to new subsection 4501(d) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4506. Hunting, Lake Oroville State Recreation Area. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Change without regulatory effect renumbering former section 4506 to new subsection 4501(e) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4507. Hunting, Lake Perris State Recreation Area. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former section 4507 to new subsection 4501(f) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4508. Hunting, Harry A. Merlo State Recreation Area. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
HISTORY

1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former section 4508 to new subsection 4501(g) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4509. Hunting, Franks Tract State Recreation Area. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
HISTORY

1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former section 4509 to new subsection 4501(h) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
Chapter 6. Provisions Limited to Specific Units
§4600. Hearst San Simeon State Historical Monument.
Note     •     History

(a) Tours.
All visitors shall remain with the designated guide; and no person shall depart from the route of tour as designated by the guide, or stray without permission of such guide or his/her superiors into areas prohibited to visitors and so marked.
(b) Handling Objects.
No person other than officers or employees of the Department in the course of duty shall touch, handle, or move any object or exhibit.
(c) Food and Beverages.
No person shall possess, carry, or consume food or beverages on the route of tour or in any vehicle on such route.
(d) Photographs and Cameras.
No photography is to interfere with scheduled tours, and the time limits allotted them. No photographer is to leave the tour route, use any kind of artificial light, tripod, or set any equipment down on any surface without permission from the Department.
NOTE

Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5008 and 5019.59, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section and renumbering former sections 4600.1-4600.3 and 4600.6 to new subsections (a)-(d), respectively, with amendments thereto, filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4600.1. Tours. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former section 4600.1 to new 4600(a), with amendments, filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4600.2. Handling Objects. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former section 4600.2 to new 4600(b), with amendments, filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4600.3. Food and Beverages. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former section 4600.3 to new 4600(c) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4600.4. Smoking. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4600.5. Dogs or Pets. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4600.6. Photographs and Cameras. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former section 4600.6 to new 4600(d), with amendments, filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4601. Torrey Pines and Point Lobos State Reserves, and Penasquitos Marsh Natural Preserve.
Note     •     History

All sections shall apply to all upland areas of Torrey Pines State Reserve which areas are defined as all portions of the reserve lying on the southwest and northeast sides of Soledad Valley above the 20 foot elevation contour, and to all of the Penasquitos Marsh Natural Preserve.
No person shall:
(a) Picnic anywhere in the reserve except where designated by the District Superintendent.
(b) Leave designated trails that are so posted.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section heading and section, and adding text from former section 4601.1 filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4601.1. Torrey Pines State Reserve. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect moving portions of section to section 4601 and repealing remainder of section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4601.2. Penasquitos Marsh Natural Preserve. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008 and 5019.71, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4602. Point Lobos State Reserve. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4603. Angel Island State Park.
Note     •     History

(a) No person shall land a ship or boat on said park other than at a dock or place designated by the District Superintendent. No person shall so land when such dock or place is occupied, or when the District Superintendent forbids landing because he/she has determined that the facilities of the unit are full, or after local closing hours. No person shall enter said unit other than by ship or boat, or by swimming ashore, or from a ship or boat lying offshore.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending subsection (a) and repealing subsection (b) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4604. Carrizo Impact Area.
Note     •     History

The Carrizo Impact Area is hereby closed to the general public pending the accomplishment of decontamination procedures. The Carrizo Impact Area herein referred to is all that real property in the County of Imperial, State of California, more particularly described as follows:
The south half and south half of the north half of Sections 8, 9, and 10; and all of Sections 15, 17, 20, to 29 inclusive and 32, 33, 34, and 35, Township 14 South, Range 9 East, S.B.B.&M. and Sections 1, 2, 3, 4, 5, 6, 10 to 15 inclusive, the east half and all of lots 5, 6, 7, 8, 9, 10, 11, 13, 15, 16, 17, 18, 19, 20, 30, 31 and 32 of Section 7 and east half and Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31 of Section 18, east half and east half of west half and Lots 1, 2, 3, 4, in Section 16; north half, north half of south half, southeast quarter of southwest quarter, south half of southeast quarter, and Lot 1 of Section 9; Lots 1, 2, 3, 4, 5, 6, and 7 of Section 17, Township 15 South, Range 9 East, S.B.B.&M.
Said area is further described and delineated on that map entitled “Carrizo Closure Map” filed in the director's office and posted in the office of the District Superintendent of Anza-Borrego Desert State Park.
No person shall during the effective period of this regulation enter the Carrizo Impact Area; provided, however, that personnel of the armed forces of the United States may enter for the purposes of decontamination and ordnance disposal; provided, further, that public officers of the United States, of the state, and of other public agencies and their employees, contractors, and agents, may enter for a public purpose only on prior permission in writing by the district superintendent on such terms and conditions as may be prescribed; and provided, further, that nothing herein contained shall be construed in derogation of any right therein heretofore by instrument duly granted.
NOTE

Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 506, 546, 5003 and 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4605. Lake Elsinore State Recreation Area. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.56, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4605.1. Lake Elsinore State Recreation Area. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008 and 5019.56, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4605.2. Construction. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008 and 5019.10, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4605.3. Traffic Patterns. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4605.4. Ski Tow Rope. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4605.5. Towed Equipment. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4605.6. Sailboats. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4606. Lake Natoma. Folsom Lake State Recreation Area. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 506, 546, 5003 and 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4607. Benbow Lake State Recreation Area. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4608. Mt. San Jacinto State Wilderness.
Note     •     History

(a) At no time shall the number of persons camping in the state wilderness exceed 400.
(b) No person shall enter Mt. San Jacinto State Wilderness without first obtaining the required permit.
NOTE

Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5001.5, 5003, 5008, 5017 and 5019.5, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4609. Oceano Dunes State Vehicular Recreation Area.
Note     •     History

(a) All vehicles may be operated only as follows:
(1) The boundaries of vehicle use shall be designated by the District Superintendent as shown on a map posted at the unit.
(2) The towing by a vehicle of any object other than another vehicle or trailer is prohibited.
(3) All Off-Highway vehicles registered under California Vehicle Code Section 38010 or other vehicles primarily operated for Off-Highway Vehicle activities shall be equipped with a whip, which is any pole, rod or antenna, that is securely mounted on the vehicle and which extends at least eight (8) feet from the surface of the ground when the vehicle is stopped.
When the vehicle is stopped, the whip shall be capable of standing upright when supporting the weight of any attached flags.
At least one whip attached to each vehicle shall have a solid red or orange colored safety flag with a minimum size of six (6) inches by twelve (12) inches and be attached within ten (10) inches of the top of the whip. Flags may be of pennant, triangle, square, or rectangular shape. Club or other flags may be mounted below the safety flag or on a second whip.
(4) When a vehicle is operated in the dunes area, which is that land area extending from the first line of sand dunes inland outside Pismo Dunes Natural Preserve, the vehicle shall have additional equipment as follows:
(A) Each vehicle, except motorcycles and all-terrain vehicles (ATVs) shall be equipped with adequate roll bars or roof structure of sufficient strength to support the weight of the vehicle and shall have a secure seat and seat belt for the vehicle operator and each passenger. Seat belts shall be as specified in the California Vehicle Code.
(B) Each vehicle shall be equipped with a whip as described in section 4609(a)(3).
(b) No person shall operate any vehicle at a greater speed or in any other manner than is safe or prudent having regard for weather, visibility, traffic conditions, presence of pedestrians, and the nature of the terrain on which the vehicle is being operated, and in no event at a speed or in a manner which endangers the health or safety of persons or property.
(c) No person shall operate a vehicle in a manner which endangers the health or safety of any occupant under the age of eighteen.
(d) No person shall allow any person under the age of eighteen to operate a vehicle in a situation where his or her health or safety is endangered as a result of the operation of the vehicle.
NOTE

Authority cited: Section 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5008, 5090.32(b), 5090.32(c) and 5090.35(a), Public Resources Code; and Sections 4000, 21113, 38010 and 38316, Vehicle Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing first sentence, adding subsection (a) designator, and renumbering former section 4609.1 to new subsections (b)-(b)(4), with amendments, filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
3. Amendment of section heading, section and Note filed 12-29-2009; operative 1-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 1). 
§4609.1. Vehicles. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 5003 and 5088, Public Resources Code. Reference: Sections 5001.65, 5001.8, 5003 and 5008, Public Resources Code; and Section 21113, Vehicle Code.
HISTORY

1. Repealer of subsection (d) filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Change without regulatory effect renumbering former section 4609.1 to new subsections 4609(b)-(b)(4), with amendments, filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4609.2. Drivers' Licenses. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 12501, Vehicle Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4609.3. Drivers' Licenses, Off-Highway Units. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference:Section 12501, Vehicle Code.
HISTORY

1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former section 4609.3 to new section 4610 filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4610. Drivers' Licenses, Off-Highway Units.
Note     •     History

Unlicensed drivers may operate a vehicle in off-highway division units as follows:
(a) The unlicensed driver shall be accompanied and supervised at all times by a licensed driver who must be in, on, or about the vehicle being operated. The licensed driver supervising shall supervise not more than three (3) unlicensed drivers at any one time.
(b) The unlicensed driver must be capable of operating all vehicle control mechanisms and is prohibited from operating a vehicle during night-time hours or outside the designated off-highway vehicle area.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference:Section 12501, Vehicle Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former section 4610 to new section 4611 and renumbering former section 4609.3 to new section 4610 filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4610.1. Units Open for Rockhounding. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.65 and 5008, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
4. Change without regulatory effect renumbering sections 4610.1, 4610.2, 4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, subsections (b)-(i), respectively, with amendments  filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4610.2. Commercial Use. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.65, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former sections 4610.1, 4610.2, 4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, subsections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4610.3. Maximum Take. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.65, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former sections 4610.1, 4610.2, 4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, subsections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4610.4. Disturbing Land. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4610.5. Use of Tools. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former sections 4610.1, 4610.2, 4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, subsections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4610.6. “Float” Materials. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4610.7. Areas for Swimming and Boating. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former sections 4610.1, 4610.2, 4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, subsections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4610.8. Areas Limited for Collecting. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former sections 4610.1, 4610.2, 4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, subsections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4610.9. Indian Artifacts. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former sections 4610.1, 4610.2, 4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, subsections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4610.10. Panning for Gold. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former sections 4610.1, 4610.2, 4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, subsections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4611. Rockhounding.
Note     •     History

(a) Rockhounding is authorized by Section 5001.65 of the Public Resources Code.
(b) Units and portions thereof (o)pen for Rockhounding will be posted in accordance with Section 4301(i).
(c) Commercial Use.
Rocks or mineral specimens gathered within a unit may not be sold or used commercially for the production of profit.
(d) Maximum Take.
One person may gather, in one day in one unit, not more than 15 pounds of mineralogical material or not more than one specimen plus 15 pounds of mineralogical material.
(e) Use of Tools.
Tools, except goldpans to be used in gold panning, may not be used in rockhounding within a unit.
(f) Areas for Swimming and Boating.
In state recreation areas rockhounding may not be practiced in areas designated for swimming or for boat launching.
(g) Areas Limited for Collecting.
In state recreation areas rockhounding is limited to beaches which lie within the jurisdiction of the Department and within the wave action zone on lakes, bays, reservoirs, or on the ocean, and to the beaches or gravel bars which are subject to annual flooding on streams.
(h) Indian Artifacts.
Rockhounding in a unit specifically does not include the gathering of Indian arrowheads, Indian stone tools, or other archeological specimens, even when such specimens may be found occurring naturally on the surface.
(i) Panning for Gold.
Panning for gold is considered to be “rockhounding” as the term is applied in the Department. The goldpan is the only exception permitted to the exclusion of tools from rockhounding in a unit as provided in Section 4610.5. Muddy water from panning operations must not be visible more than 20 feet from the panning operation.
NOTE

Authority cited: Sections 5001.65 and 5003, Public Resources Code. Reference: Section 5001.65, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing section and renumbering sections 4610, 4610.1, 4610.2, 4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, subsections (a)-(i), respectively, with amendments, filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4612. Crystal Cove Historic District.
Note     •     History

No person shall repair, alter, modify, add to, or reduce any structure within the “Historic District” of Crystal Cove State Park without first obtaining a permit from the Department.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4613. California State Railroad Museum.
Note     •     History

The California State Railroad Museum, for the purposes of this section, includes the Museum of Railroad History Building, the Big Four Building, the Central Pacific Passenger Station, Central Pacific Freight Depot, and the train equipment operated by the Museum.
(a) Carrying Capacity.
Except as authorized by the Department, no person or groups shall enter a Museum facility when notified by staff or posted at the museum entrances that the facility is currently occupied by the number of persons or groups established as the appropriate carrying capacity.
(b) Photography.
No person shall use photographic equipment or techniques when informed by staff or posted notice that their use is prohibited.
(c) Artifacts and Exhibits.
Except as authorized by the Department, no person shall touch, handle or move any artifact, museum object or exhibit.
(d) Climbing.
Except as authorized by the Department, no person shall climb on any object or exhibit.
(e) Food and Drink.
Except as authorized by the Department, no person shall possess, carry or consume food or beverage within any facility, building or equipment.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
HISTORY

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
2. Change without regulatory effect repealing first sentence and second paragraph, and renumbering former sections 4613.1-4613.5 to new subsections (a)-(e), respectively, with amendments, filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4613.1. Carrying Capacity. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, public Resources Code.
HISTORY

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
2. Change without regulatory effect renumbering former sections 4613.1-4613.5 to new subsections 4613 (a)-(e), respectively, with amendments, filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4613.2. Photography. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
HISTORY

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
2. Change without regulatory effect renumbering former sections 4613.1-4613.5 to new subsections 4613 (a)-(e), respectively, with amendments, filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4613.3. Artifacts and Exhibits. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
HISTORY

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
2. Change without regulatory effect renumbering former sections 4613.1-4613.5 to new subsections 4613 (a)-(e), respectively, with amendments, filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4613.4. Climbing. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
HISTORY

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
2. Change without regulatory effect renumbering former sections 4613.1-4613.5 to new subsections 4613 (a)-(e), respectively, with amendments, filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4613.5. Food and Drink. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
HISTORY

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
2. Change without regulatory effect renumbering former sections 4613.1-4613.5 to new subsections 4613 (a)-(e), respectively, with amendments, filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4613.6. Dogs and Pets. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
HISTORY

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
Chapter 7. Aquatic and Boating
§4650. Swimming.
Note     •     History

No person shall swim in areas prohibited for swimming. Such areas shall be designated by the posting of notices.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4651. Swimming Areas.
Note     •     History

No person shall operate any boat or ride, pull or tow any aquaplane or water-ski or any other device within any designated swimming area or within fifty (50) feet of the existing boundary of any designated swimming area or boundaries which are marked by buoys placed fifty (50) feet apart and the area posted on shore by signs.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4652. Floating Devices.
Note     •     History

No person shall use, operate, or bring into an open zone, floating devices such as rubber crafts, surfboards, surfmats, buoys, kites, experimental crafts, or any other floating device other than those approved boats, aquaplanes or water-skis and related equipment. The Department may permit the use of certain unauthorized floating devices in open zones on occasions where traffic is such as to render them safe and during special events, games, tests, or experiments.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4653. False Drowning Alarm.
Note     •     History

No person shall give or transmit a false signal or a false alarm of drowning in any manner or mode.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4654. Surf-Riding.
Note     •     History

No person shall engage in surf-riding in an area where so prohibited and posted.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4656. Diving.
Note     •     History

No person shall dive in any unit of the State Park System. As used in this section, dive means to plunge from any height, especially, but not limited to, head first into water.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§4657. Launching Areas.
Note     •     History

No person shall launch or beach a boat or weigh anchor or cast off when the Department has by posting an order prohibiting the same. Such orders shall prescribe the time and area in which effective.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4658. Boat Speed Limits.
Note     •     History

No person shall operate a boat in a unit at speeds in excess of that posted.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4659. Operating Boats During Nighttime.
Note     •     History

Where night boating is authorized, no person shall operate a boat at speeds in excess of five (5) nautical miles per hour.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4660. Vessels.
Note     •     History

(a) No person shall beach, land, launch, moor, dock or berth a vessel, boat, or any other object overnight except in areas so designated and posted by the area manager.
(b) The Department may, by posting of an order, specify locations, conditions, and limitations for the beaching, landing, launching, mooring, docking, or berthing of a vessel, boat, or any other object. No such posting of notice shall apply until signs or markings giving notice thereof have been placed.
(c) Beached or abandoned vessels, boats, or any other objects are to be removed by the registered owner from Departmental property within twenty-four (24) hours of notification. The last registered owner of record is responsible and is thereby liable for the cost of removal and disposition of the vessel, boat, or other object beached or abandoned.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5005.6 and 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4661. Disposal of Waste from Boats.
Note     •     History

Any boat must be so constructed or equipped that all wastes, including but not limited to shower water and human waste, are discharged into a holding tank. Such wastes shall only be discharged in onshore disposal facilities.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4662. Inspections.
Note     •     History

(a) A State Park Peace Officer or Peace officer with concurrent jurisdiction may inspect any vessel or boat at any time for compliance with all applicable laws, rules, and/or regulations. Any person who refuses to allow such inspection shall immediately remove his/her vessel from the waters of the state park system.
(b) No boat shall remain launched or in continuous use in the state park system for more than 30 days except by concession granted.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.96 and 5008, Public Resources Code.
HISTORY

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment of NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Change without regulatory effect amending subsection (a) and repealing subsection (b), with subsection relettering, filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4663. Erection of Tent. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect renumbering former section 4663 to new subsection 4323(c) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4664. Underwater Activities.
Note     •     History

No person shall:
(a) Enter an underwater park unit or scenic or scientific reserve other than through an established water entry point.
(b) As used in this section, underwater activities shall mean engaging in activities beneath the surface of the water.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008, 5019.50 and 5019.53, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect repealing subsections (a), (b) and (e), subsection relettering, and amendment of newly designated subsections (a) and (b) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4665. Power-Driven Vessel Operator. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Repealer of Section 4665 filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Editorial correction reprinting Section 4665 heading which was inadvertently deleted in a prior register (Register 86, No. 5).
Chapter 8. Winter Sports
§4700. Runaway Snow Skis.
Note     •     History

No person shall engage in downhill snow skiing in a state park without an Arlberg strap, long thong, a nylon cord, or adequate device to prevent runaway skis.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4701. Designated Winter Sports Areas.
Note     •     History

No person shall use or operate a toboggan, sled, tow rope, snow disc, or vehicle adapted to travel in or over snow, or ski, or construct, use, or operate a ski lift or tramway or machinery incidental to any of the foregoing, except in areas as designated by the Department.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
HISTORY

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
Chapter 9. Selection Process for  Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction  Project Management Firms
§4725. Definitions.
Note     •     History

(a) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture, landscape architecture, engineering, environmental services, land surveying or construction project management.
(b) “Small Business” means a firm that complies with the provisions of Government Code Section 14837.
(c) “Director” means the Director of the Department of Parks and Recreation or the Director's designee authorized to act on his or her behalf.
(d) “Department” means the Department of Parks and Recreation.
(e) “Architectural, landscape architectural, engineering, environmental, land surveying services” and “construction project management” means those services, as defined in Section 4525 of the Government Code.
(f) The terms “minority business enterprise” and “women business enterprise” shall have the respective meanings set forth in Section 10115.1 of the Public Contract Code.
(g) The term “disabled veteran business enterprise” shall have the meaning set forth in Section 999 of the Military and Veterans Code.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4525 and 4526, Government Code.
HISTORY

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§4726. Selection Criteria.
Note     •     History

The Director shall utilize selection criteria for each proposed project which will comprise the basis for the selection of eligible firms to perform the required services. The criteria are to include such factors as:
(a) Professional experience of the firm in performing services of similar nature.
(b) Quality and relevance of recently completed or ongoing work.
(c) Reliability, continuity, and location of firm to the project site.
(d) Staffing capability.
(e) Education and experience of key personnel to be assigned.
(f) Knowledge of applicable regulations and technology associated with the services required.
(g) Specialized experience of the firm in the services to be performed.
(h) Participation as small business firm.
(i) Other factors the Director deems relevant to the specific task to be performed.
These factors shall be weighed by the Director according to the nature of the proposed project, the complexity and special requirements of the specific services, and the needs of the Department.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4527 and 4529.5, Government Code.
HISTORY

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§4727. Announcement of Project.
Note     •     History

(a) A statewide announcement of each proposed project shall be published in the California State Contracts Register, in accordance with the Government Code (commencing with Section 14825), and in the publications of the respective professional societies. Failure of any professional society to publish the announcement shall not invalidate any contract.
(b) The announcement for each proposed project shall include, at a minimum, a brief description of the services required, location, duration, eligibility and preferences, submittal requirements, contact person for the Department, and the final response date for receipt of statements from firms of their demonstrated competence and professional qualifications.
(c) The Director shall identify potentially qualified small business firms interested in contracting with the Department, and shall provide copies of project announcements to those small business firms that have indicated an interest in receiving the announcements. Failure of the Director to send a copy of an announcement to any firm shall not invalidate any contract.
NOTE

Authority cited: Section 4526, Government Code. References: Sections 4526 and 4527, Government Code.
HISTORY

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§4728. Selection of Qualified Firms.
Note     •     History

(a) After the expiration of the final response date in the published project announcement, the Director shall review and evaluate the written statements of demonstrated competence and professional qualifications using the selection criteria contained in Section 4726, and rank, in order of preference, the firms determined as eligible to perform the required services.
(b) The Director shall conduct discussions with at least the three most eligible firms, or a lesser number if fewer than three eligible firms have responded, about anticipated concepts and the benefit of alternative methods for furnishing the required services. From the firms with which discussions are held, the Director shall select, in order of preference, not less than three firms, or lesser number if fewer than three eligible firms responded, deemed to be the most highly qualified to perform the required services.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
HISTORY

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§4729. Estimate of Value of Services.
Note     •     History

(a) Before entering into discussion with any firm selected pursuant to Section 4728, the Director shall direct the Department staff to prepare an estimate of the value of the proposed project, based upon accepted rates for comparable services. The estimate will serve as a guide in determining fair and reasonable compensation in the negotiation of a satisfactory contract in accordance with the provisions of Section 4731, and shall not be disclosed until award of the contract or abandonment of the negotiation process for the services to which it relates.
(b) At any time the Director determines the Department's estimate to be unrealistic for any reason, the Director shall require the estimate to be reevaluated and, if deemed necessary, modified.
NOTE

Authority cited: Section 4526, Government Code. References: Sections 4526 and 4528, Government Code.
HISTORY

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§4730. Statewide Participation Goals.
Note     •     History

In the negotiation of a satisfactory contract as provided in Section 4731, the best qualified firm must meet the statewide participation goals for disabled veteran, minority and women business enterprises of not less than 3 percent for disabled veteran business enterprises, not less than 15 percent for minority business enterprises, and not less than 5 percent for women business enterprises, or demonstrate that a good faith effort was made to meet them. The best qualified firm shall comply with the statewide participation goals as required by the regulations contained in Title 2, California Code of Regulations, Sections 1896.61-1896.67 and 1896.90-1896.96.
NOTE

Authority cited: Section 4526, Government Code; Section 10115.3, Public Contract Code; and Section 999.5, Military and Veterans Code. References: Section 4528, Government Code; Sections 10115, 10115.1, 10115.2 and 10115.3, Public Contract Code; and Sections 999, 999.1, 999.2, 999.3, 999.4 and 999.5, Military and Veterans Code.
HISTORY

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§4731. Negotiation.
Note     •     History

(a) From among the firms selected in Section 4728, as most highly qualified to perform the services required, the Director shall attempt to negotiate a satisfactory contract with the best qualified firm at a compensation which the Department determines is fair and reasonable.
(b) If the Director is unable to negotiate a satisfactory contract with the best qualified firm at a compensation which the Department determines is fair and reasonable, negotiations with that firm shall be terminated and negotiations undertaken with the second best qualified firm. If unable to negotiate a satisfactory contract with the second best qualified firm at a compensation which the Department determines is fair and reasonable, negotiations with that firm shall be terminated and negotiations undertaken with the third best qualified firm. If unable to negotiate a satisfactory contract with the third best qualified firm at a compensation which the Department determines is fair and reasonable, negotiations with that firm shall be terminated.
(c) Where the Director is unable to negotiate a satisfactory contract in accordance with subsections (a) and (b), the Director shall continue the negotiations process with the remaining qualified firms, if any, in order of preference, until a satisfactory contract is reached. If unable to negotiate a satisfactory contract with any of the qualified firms, the Director shall abandon the negotiation process for the required services.
NOTE

Authority cited: Section 4526, Government Code. References: Sections 4527 and 4528, Government Code.
HISTORY

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§4732. Amendments.
Note     •     History

Where the Director determines that a change in the contract is necessary during the performance of the services, the parties may, by mutual consent, in writing, agree to modifications, additions or deletions in the general terms, conditions and specifications for the services involved, with a reasonable adjustment in the firm's compensation.
NOTE

Authority cited: Section 4526, Government Code. References: Sections 4526 and 4528, Government Code.
HISTORY

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§4733. Contracting in Phases.
Note     •     History

Where the Director determines it is necessary or desirable for a project to be performed in separate phases, the Director may negotiate a partial compensation for the initial phase of the services required; provided, however, the Director first determines that the firm selected is best qualified to perform the entire project. The contract shall include a provision that the Department may, at its option, utilize the firm to perform other phases of the services at a compensation which the Department determines is fair and reasonable, to be later negotiated and included in a mutual written agreement. In the event that the Department exercises its option under the contract to utilize the firm to perform other phases of the project, the procedures of this Chapter, regarding estimates of value of services and negotiation shall be followed.
NOTE

Authority cited: Section 4526, Government Code. References: Sections 4526 and 4528, Government Code.
HISTORY

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§4734. Director's Power to Require Bids.
Note     •     History

If the Director determines that the services are technical in nature and involve little professional judgment and that requiring bids would be in the public interest, a contract shall be awarded on the basis of competitive bids and not the procedures of this Chapter.
NOTE

Authority cited: Section 4526, Government Code. References: Section 4529, Government Code.
HISTORY

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§4735. Unlawful Considerations.
Note     •     History

Each contract shall include a provision by which the firm warrants that the contract was not obtained or secured through rebates, kickbacks or other unlawful considerations either promised or paid to any Department employee. Failure to adhere to this warranty may be cause for contract termination and recovery of damages under the rights and remedies due the Department under the default provision of the contract.
NOTE

Authority cited: Section 4526, Government Code. References: Section 4526, Government Code.
HISTORY

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§4736. Prohibited Relationships.
Note     •     History

No Department employee who participates in the evaluation or selection process leading to award of a contract shall have a relationship with any of the firms seeking that contract, if that relationship is subject to the prohibition of Government Code Section 87100.
NOTE

Authority cited: Section 4526, Government Code. References: Sections 4526, 87100 and 87102, Government Code.
HISTORY

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
Chapter 10. Classification of Park Units
§4751. State Parks.
Note     •     History

In the interest of the public, the following units in the State Park System are classified in the category of State Parks, as provided in Section 5019.53 of the Public Resources Code, provided, however, that there is reserved the power to repeal, amend or modify this section as may from time to time hereafter be necessary and proper:
Ahjumawi Lava Springs State Park
Andrew Molera State Park
Angel Island State Park
Annadel State Park
Anza-Borrego Desert State Park
Big Basin Redwoods State Park
Border Field State Park
Bothe-Napa Valley State Park
Burton Creek State Park
Butano State Park
Calaveras Big Trees State Park
Castle Crags State Park
Castle Rock State Park
Caswell Memorial State Park
China Camp State Park
Chino Hills State Park
Clear Lake State Park
Crystal Cove State Park
Cuyamaca Rancho State Park
D. L. Bliss State Park
Del Norte Coast Redwoods State Park
Donner Memorial State Park
Emerald Bay State Park
Forest of Nisene Marks State Park, The
Fremont Peak State Park
Gaviota State Park
Grizzly Creek Redwoods State Park
Grover Hot Springs State Park
Hendy Woods State Park
Henry Cowell Redwoods State Park
Henry W. Coe State Park
Humboldt Lagoons State Park
Humboldt Redwoods State Park
Jedediah Smith Redwoods State Park
Julia Pfeiffer Burns State Park
MacKerricher State Park
Malibu Creek State Park
McArthur-Burney Falls Memorial State Park
Mendocino Headlands State Park
Montana de Oro State Park
Morro Bay State Park
Mount Diablo State Park
Mount San Jacinto State Park
Mount Tamalpais State Park
Palomar Mountain State Park
Patrick's Point State Park
Pfeiffer Big Sur State Park
Placerita Canyon State Park
Plumas-Eureka State Park
Point Mugu State Park
Portola State Park
Prairie Creek Redwoods State Park
Red Rock Canyon State Park
Richardson Grove State Park
Robert Louis Stevenson State Park
Russian Gulch State Park
Saddleback Butte State Park
Salt Point State Park
Samuel P. Taylor State Park
San Bruno Mountain State Park
Sinkyone Wilderness State Park
Sugar Pine Point State Park
Sugarloaf Ridge State Park
Tomales Bay State Park
Topanga State Park
Van Damme State Park
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5019.50 and 5019.53, Public Resources Code.
HISTORY

1. Amendment filed 12-17-74; effective thirtieth day thereafter (Register 74, No. 51). For prior history, see Register 74, No. 31.
2. Amendment filed 5-5-76; effective thirtieth day thereafter (Register 76, No. 19).
3. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
4. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4752. State Reserves.
Note     •     History

In the interest of the public, the following units in the State Park System are classified in the category of State Reserves, as provided in Section 5019.65 of the Public Resources Code, provided, however, that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper:
Armstrong Redwoods State Reserve
Ano Nuevo State Reserve
Antelope Valley California Poppy Reserve
Azalea State Reserve
Caspar Headlands State Reserve
John Little State Reserve
Jug Handle State Reserve
Knowland State Arboretum and Park
Kruse Rhododendron State Reserve
Los Angeles State and County Arboretum
Los Osos Oaks State Reserve
Mailliard Redwoods State Reserve
Mono Lake Tufa State Reserve
Montgomery Woods State Reserve
Point Lobos State Reserve
Smithe Redwoods State Reserve
Torrey Pines State Reserve
Tule Elk State Reserve
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5019.50 and 5019.65, Public Resources Code.
HISTORY

1. Amendment filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19). For prior history, see Register 77, No. 2.
2. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
3. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4753. State Recreation Units.
Note     •     History

In the interest of the public the units listed below in the State Park System and the State Vehicular Recreation Area and Trail System are classified in the categories named, as provided in Section 5019.56 of the Public Resources Code, provided, however, that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper:
(a) State Recreation Areas.
Admiral William Standley State Recreation Area
Auburn State Recreation Area
Austin Creek State Recreation Area
Baldwin Hills State Recreation Area
Benbow Lake State Recreation Area
Benicia State Recreation Area
Bethany Reservoir State Recreation Area
Brannan Island State Recreation Area
Candlestick Point State Recreation Area
Castaic Lake State Recreation Area
Colusa-Sacramento River State Recreation Area
Durham Ferry State Recreation Area
Exposition Multi-Cultural Center State Recreation Area
Folsom Lake State Recreation Area
Franks Tract State Recreation Area
Fremont Ford State Recreation Area
George H. Hatfield State Recreation Area
Harry A. Merlo State Recreation Area
Kings Beach State Recreation Area
Lake Del Valle State Recreation Area
Lake Elsinore State Recreation Area
Lake Oroville State Recreation Area
Lake Perris State Recreation Area
McConnell State Recreation Area
Millerton Lake State Recreation Area
Otterbein State Recreation Area
Picacho State Recreation Area
Providence Mountains State Recreation Area
Pyramid Lake State Recreation Area
Salton Sea State Recreation Area
San Luis Reservoir State Recreation Area (including Los Banos Creek)
Silverwood Lake State Recreation Area
Standish-Hickey State Recreation Area
Tahoe State Recreation Area (including William B. Layton Park)
Turlock Lake State Recreation Area
Willowbrook State Recreation Area
Woodson Bridge State Recreation Area
(b) Underwater Recreation Areas. (Reserved)
(c) State Beaches.
Asilomar State Beach
Atascadero State Beach
Avila State Beach
Bean Hollow State Beach
Bolsa Chica State Beach
Cardiff State Beach
Carlsbad State Beach
Carmel River State Beach
Carpinteria State Beach
Caspar Headlands State Beach
Cayucos State Beach
Corona del Mar State Beach
Dan Blocker State Beach
Dockweiler State Beach
Doheny State Beach
El Capitan State Beach
El Matador State Beach
El Pescador State Beach
Emma Wood State Beach
Gray Whale Cove State Beach
Half Moon Bay State Beach
Huntington State Beach
La Piedra State Beach
Las Tunas State Beach
Leo Carrillo State Beach
Leucadia State Beach
Lighthouse Field State Beach
Little River State Beach
Malibu Lagoon State Beach
Manchester State Beach
Mandalay State Beach
Manhattan State Beach
Manresa State Beach
McGrath State Beach
Montara State Beach
Monterey State Beach
Moonlight State Beach
Morro Strand State Beach
Moss Landing State Beach
Natural Bridges State Beach
New Brighton State Beach
Oxnard State Beach
Pelican State Beach
Pescadero State Beach
Pismo State Beach
Point Dume State Beach
Point Sal State Beach
Pomponio State Beach
Redondo State Beach
Refugio State Beach
Robert W. Crown Memorial State Beach
Royal Palms State Beach
Salinas River State Beach
San Buenaventura State Beach
San Clemente State Beach
San Elijo State Beach
San Gregorio State Beach
San Onofre State Beach
San Simeon State Beach
Santa Monica State Beach (including Pacific Ocean Park)
Seacliff State Beach
Silver Strand State Beach
Sonoma Coast State Beach
South Carlsbad State Beach
Sunset State Beach
Thornton State Beach
Topanga State Beach
Torrey Pines State Beach
Trinidad State Beach
Twin Lakes State Beach
Westport-Union Landing State Beach
Will Rogers State Beach
William Randolph Hearst Memorial State Beach
Zmudowski State Beach
(d) Wayside Campgrounds
Paul M. Dimmick Wayside Campground
Reynolds Wayside Campground
(e) State Vehicular Recreation Areas.
Carnegie State Vehicular Recreation Area
Clay Pit State Vehicular Recreation Area
Hollister Hills State Vehicular Recreation Area
Hungry Valley State Vehicular Recreation Area
Ocotillo Wells State Vehicular Recreation Area
Pismo Dunes State Vehicular Recreation Area
(f) State Urban Recreation Areas
Seccombe Lake State Urban Recreation Area
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.56, Public Resources Code.
HISTORY

1. Amendment filed 5-5-76; effective thirtieth day thereafter (Register 76, No. 19). For prior history, see Register 75, No. 33.
2. Amendment of subsection (a) filed 1-7-77; effective thirtieth day thereafter (Register 77, No. 2).
3. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
4. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4754. Historical Units.
Note     •     History

In the interest of the public, the following units in the State Park System are classified in the category of Historical Units, as provided in Section 5019.59 of the Public Resources Code, provided, however, that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper:
Bale Grist Mill State Historic Park
Benicia Capitol State Historic Park
Bidwell Mansion State Historic Park
Bodie State Historic Park
California Citrus State Historic Park
Chumash Painted Cave Historic Park
Colonel Allensworth State Historic Park
Columbia State Historic Park
El Presidio de Santa Barbara State Historic Park
El Pueblo de Los Angeles State Historic Park
Empire Mine State Historic Park
Fort Humboldt State Historic Park
Fort Ross State Historic Park
Fort Tejon State Historic Park
Governor's Mansion
Hearst San Simeon State Historical Monument
Indian Grinding Rock State Historic Park
Jack London State Historic Park
La Purisima Mission State Historic Park
Los Encinos State Historic Park
Malakoff Diggins State Historic Park
Marshal Gold Discovery State Historic Park
Monterey State Historic Park
Old Sacramento State Historic Park
Old Town San Diego State Historic Park
Olompali State Historic Park State Historic Park
Petaluma Adobe State Historic Park
Pio Pico State Historic Park
Railtown 1897 State Historic Park
San Juan Bautista State Historic Park
San Pasqual Battlefield State Historic Park
Santa Cruz Mission State Historic Park
Shasta State Historic Park
Sonoma State Historic Park
Stanford House State Historic Park
State Indian Museum
Sutter's Fort State Historic Park
Wassama Round House State Historic Park
Watts Towers of Simon Rodia State Historic Park
Weaverville Joss House State Historic Park
Will Rogers State Historic Park
William B. Ide Adobe State Historic Park
Woodland Opera House State Historic Park
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Sections 5019.59 and 5019.71, Public Resources Code.
HISTORY

1. Amendment filed 5-5-76; effective thirtieth day thereafter (Register 76, No. 19). For prior history, see Register 74, No. 51.
2. Amendment filed 1-7-77; effective thirtieth day thereafter (Register 77, No. 2).
3. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
4. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4755. State Wildernesses.
Note     •     History

In the interest of the public, the units of the State Park System listed below are classified in the category of State Wilderness as provided in Section 5019.68 of the Public Resources Code provided, however, that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper:
Anza-Borrego Desert State Wilderness
Boney Mountain State Wilderness
Cuyamaca Mountains State Wilderness
Mount San Jacinto State Wilderness
Santa Rosa Mountains State Wilderness
West Waddell Creek State Wilderness
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.68, Public Resources Code.
HISTORY

1. New section filed 3-15-74; effective thirtieth day thereafter (Register 74, No. 11). For history of former section, see Register 72, No. 50.
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
§4756. State Beaches.
History

HISTORY

1. Amendment filed 12-3-71; effective thirtieth day thereafter (Register 71, No. 49).
2. Repealer filed 12-8-72; effective thirtieth day thereafter (Register 72, No. 50).
§4757. Wayside Campgrounds.
History

HISTORY

1. Repealer filed 12-8-72; effective thirtieth day thereafter (Register 72, No. 50).
§4758. Underwater Parks.
History

HISTORY

1. Repealer filed 12-8-72; effective thirtieth day thereafter (Register 72, No. 50).
§4759. Natural Preserves.
Note     •     History

In the interest of the public the following units of the State Park System are classified in the category of natural preserves as provided in Section 5019.71 of the Public Resources Code, provided that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper:
Anderson Island Natural Preserve
Antone Meadows Natural Preserve
Big Lagoon Forest Natural Preserve--East
Big Lagoon Forest Natural Preserve--West
Big Lagoon Forest Natural Preserve--South
Burton Creek Natural Preserve
Doane Valley Natural Preserve
Edwin L. Z'berg Natural Preserve
Ellen Browning Scripps Natural Preserve
Hagen Canyon Natural Preserve
Heron Rookery Natural Preserve
Hungry Valley Oak Woodland Natural Preserve
Kaslow Natural Preserve
La Jolla Valley Natural Preserve
Least Tern Natural Preserve
Liberty Canyon Natural Preserve
Los Penasquitos Marsh Natural Preserve
Mitchell Caverns Natural Preserve
Morro Rock Natural Preserve
Natural Bridges Monarch Butterfly Natural Preserve
Pescadero Marsh Natural Preserve
Pismo Dunes Natural Preserve
San Mateo Creek Wetlands Natural Preserve
Santa Clara Estuary Natural Preserve
Theodore J. Hoover Natural Preserve
Udell Gorge Natural Preserve
Wilder Beach Natural Preserve
Woodson Bridge Natural Preserve
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.71, Public Resources Code.
HISTORY

1. Amendment filed 12-17-74; effective thirtieth day thereafter (Register 74, No. 51). For prior history, see Register 74, No. 38.
2. Amendment filed 8-15-75; effective thirtieth day thereafter (Register 75, No. 33).
3. Amendment filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19).
4. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
5. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 6).
§4760. Cultural Preserves.
Note     •     History

In the interest of the public, the following units of the State Park System are classified in the category of Cultural Preserves as provided in Section 5019.74 of the Public Resources Code provided that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper:
Ah-ha-kwe-ah-mac/Stonewall Mine Cultural Preserve
Barrel Springs Cultural Preserve
Cuish-Cuish Cultural Preserve (East Mesa)
Freeman Canyon Cultural Preserve
Gorman Cultural Preserve
Kechaye Cultural Preserve
Kumeyaay Soapstone Cultural Preserve
Pilicha Cultural Preserve (West Mesa)
Tataviam Cultural Preserve
Wilder Dairy Cultural Preserve
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.74, Public Resources Code.
HISTORY

1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
Chapter 11. Department of Parks and Recreation--Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Section 11409(a), that the printing of the regulations constituting the Conflict of Interest Code is impractical and these regulations being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations:

DEPARTMENT OF PARKS AND RECREATION
1416 NINTH STREET, 14TH FLOOR
SACRAMENTO, CA 95814

FAIR POLITICAL PRACTICES COMMISSION
1100 K STREET
SACRAMENTO, CA 95814

ARCHIVES
SECRETARY OF STATE
1020 “O” STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Chapter 11, Division 3 of Title 14 of the California Code of Regulations, and consists of sections numbered and titled as follows:

Chapter 11. Department of Parks and Recreation
--Conflict of Interest Code

	Section
	4800.	General Provisions
		Appendix
NOTE

Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300, Government Code.
HISTORY

1. New Chapter 11 (Articles 1-6, Sections 4800-4865, not consecutive) filed 7-8-77; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 2-16-77 (Register 77, No. 28). For former Chapter 11, see Register 75, No. 33.
2. Repealer of Chapter 11 (Articles 1-7, Sections 4800-4865, Appendices A and B) and new Chapter 11 (Section 4800 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Repealer of section and Appendix and new section and Appendix filed 2-2-2000; operative 3-3-2000. Approved by Fair Political Practices Commission 12-16-99  (Register 2000, No. 5). 
Chapter 11.5. California Register of Historical Resources
§4850. Authority.
Note     •     History

On September 27, 1992, Assembly Bill 2881 (Statutes of 1992, Chapter 1075) was signed into law amending the Public Resources Code as it affects historical resources. This legislation, which became effective on January 1, 1993, also created the California Register of Historical Resources, henceforth the California Register.
NOTE

Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code.
HISTORY

1. New chapter 11.5 (sections 4850-4858 and appendix) and section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§4850.1. Purpose.
Note     •     History

The California Register is an authoritative listing and guide to be used by state and local agencies, private groups, and citizens in identifying the existing historical resources of the state and to indicate which resources deserve to be protected, to the extent prudent and feasible, from substantial adverse change.
Definitions are found in Appendix A, “A Glossary of Terms”, of this chapter.
NOTE

Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code.
HISTORY

1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§4851. Historical Resources Eligible for Listing in the California Register of Historical Resources.
Note     •     History

The California Register consists of historical resources that are: (a) listed automatically; (b) listed following procedures and criteria adopted by the State Historical Resources Commission, henceforth the Commission; and (c) nominated by an application and listed after a public hearing process.
(a) Historical resources automatically listed in the California Register include the following pursuant to California Public Resources Code Section 5024.1(d)(1) and (2):
(1) California historical resources listed in, or formerly determined eligible for, the National Register of Historic Places, henceforth the National Register. “Formally determined eligible” for the purpose of this section means determined eligible through one of the federal preservation programs administered by the California Office of Historic Preservation, henceforth the Office. Specifically, these programs are the National Register, Tax Certification (Evaluation of Significance, Part 1, 36 CFR Part 67), and National Historic Preservation Act (Section 106, 16 U.S.C. 470f) reviews of federal undertakings.
(2) California Registered Historical Landmarks, henceforth Landmarks, from No. 770 onward.
(3) Upon effective date of this chapter, the Office will notify owners by first class mail that as a result of listing or being formally determined eligible for listing in the National Register of Historic Places, and/or being designated a California Registered Historical Landmark subsequent to, and including No. 770, the resource has been automatically placed in the California Register. The owner(s) will be advised of the criteria for listing in the California Register and procedures for removal found in Sections 4855 and 4856 of this chapter. Removal may be requested at any time, but must satisfy one of the criteria for removal as listed in Section 4856(a) of this chapter.
(b) Historical resources which require action by the State Historical Resources Commission to be listed in the California Register. The following resources require review and action by the Commission prior to listing, but are not subject to the formal nomination and application procedures described in Section 4851(c) of this chapter.
(1) Landmarks with numbers preceding No. 770 pursuant to California Public Resources Code Section 5024.1(d)(2). Procedures for inclusion of landmarks preceding No. 770 in the California Register have not been adopted by the State Historical Resources Commission at the time of inception of this chapter.
(2) California Points of Historical Interest, hereafter Points of Historical Interest, pursuant to California Public Resources Code Section 5024.1(d)(3). Points of Historical Interest, which have been reviewed by the Office and recommended for listing by the Commission, will be included in the California Register if the following conditions are met:
(A) The resource meets the statutory criteria for the California Register;
(B) A boundary is provided that clearly delineates the area of historic importance;
(C) A list of contributing and noncontributing features is provided. Contributing features are those remaining from the resource's period of historic significance that retain integrity; and
(D) The application is accompanied by the appropriate State Historical Resources Commission approved recordation form, such as the DPR Form 523-Historic Resources Inventory Form.
Historical resource owners shall be notified of proposed Commission actions to nominate Points of Historical Interest to the California Register sixty (60) days prior to the Commission meeting at which a hearing is scheduled.
The Office shall notify resource owners of time and location of the hearing.
The Commission shall hear testimony regarding whether or not the criteria for listing a Point of Historical Interest in the California Register have been met. If the criteria for listing are met, the Commission shall recommend that the historical resource be made a Point of Interest to the Director of the Department of Parks and Recreation. When the Director signs the nomination, the historical resource shall be listed as a Point of Historical Interest and listed in the California Register.
(c) Historical resources which require nomination to be listed in the California Register pursuant to California Public Resources Code Section 5024.1(e)(1)-(5). Historical resources may be nominated to the California Register by individuals, organizations, or government agencies.
(1) An historical resource or historic district;
(2) An historical resource contributing to the significance of a nominated historic district;
(3) A group of historical resources identified in historic resource surveys, if the survey meets the criteria and standards of documentation listed in Section 4852(e);
(4) An historical resource, a group of historical resources, or historic districts designated or listed as city or county landmarks or historical resources or districts pursuant to any city or county ordinance, if the criteria for designation or listing under the ordinance have been reviewed by the Office as meeting the California Register criteria as stated in this chapter and approved by the Commission; or
(5) An historical resource or a group of local landmarks or historical resources designated under any municipal or county ordinance which has not been previously approved by the Office.
NOTE

Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: National Historic Preservation Act (NHPA) of 1966 (16 U.S.C. 470a), as amended; National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321-4347); Title 36, Parts 60, 63, 67 and 800, Code of Federal Regulations; and Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code.
HISTORY

1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§4852. Types of Historical Resources and Criteria for Listing in the California Register of Historical Resources.
Note     •     History

The criteria for listing historical resources in the California Register are consistent with those developed by the National Park Service for listing historical resources in the National Register, but have been modified for state use in order to include a range of historical resources which better reflect the history of California. Only resources which meet the criteria as set out below may be listed in or formally determined eligible for listing in the California Register.
(a) Types of resources eligible for nomination:
(1) Building. A resource, such as a house, barn, church, factory, hotel, or similar structure created principally to shelter or assist in carrying out any form of human activity. “Building” may also be used to refer to an historically and functionally related unit, such as a courthouse and jail or a house and barn;
(2) Site. A site is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archeological value regardless of the value of any existing building, structure, or object. A site need not be marked by physical remains if it is the location of a prehistoric event, and if no buildings, structures, or objects marked it at that time. Examples of such sites are trails, designed landscapes, battlefields, habitation sites, Native American ceremonial areas, petroglyphs, and pictographs;
(3) Structure. The term “structure” is used to describe a construction made for a functional purpose rather than creating human shelter. Examples of structures include mines, bridges, and tunnels;
(4) Object. The term “object” is used to describe those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed, as opposed to a building or a structure. Although it may be moveable by nature or design, an object is associated with a specific setting or environment. Objects should be in a setting appropriate to their significant historic use, role, or character. Objects that are relocated to a museum are not eligible for listing in the California Register. Examples of objects include fountains, monuments, maritime resources, sculptures, and boundary markers; and
(5) Historic district. Historic districts are unified geographic entities which contain a concentration of historic buildings, structures, objects, or sites united historically, culturally, or architecturally. Historic districts are defined by precise geographic boundaries. Therefore, districts with unusual boundaries require a description of what lies immediately outside the area, in order to define the edge of the district an to explain the exclusion of adjoining areas. The district must meet at least one of the criteria for significance discussed in Section 4852(b)(1)-(4) of this chapter.
Those individual resources contributing to the significance of the historic district will also be listed in the California Register. For this reason, all individual resources located within the boundaries of an historic district must be designated as either contributing or as noncontributing to the significance of the historic district.
(b) Criteria for evaluating the significance of historical resources. An historical resource must be significant at the local, state, or national level under one or more of the following four criteria:
(1) It is associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States;
(2) It is associated with the lives of persons important to local, California, or national history;
(3) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master or possesses high artistic values; or
(4) It has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation.
(c) Integrity. Integrity is the authenticity of an historical resource's physical identity evidenced by the survival of characteristics that existed during the resource's period of significance. Historical resources eligible for listing in the California Register must meet one of the criteria of significance described in section 4852(b) of this chapter and retain enough of their historic character or appearance to be recognizable as historical resources and to convey the reasons for their significance. Historical resources that have been rehabilitated or restored may be evaluated for listing.
Integrity is evaluated with regard to the retention of location, design, setting, materials, workmanship, feeling, and association. It must also be judged with reference to the particular criteria under which a resource is proposed for eligibility. Alterations over time to a resource or historic changes in its use may themselves have historical, cultural, or architectural significance.
It is possible that historical resources may not retain sufficient integrity to meet the criteria for listing in the National Register, but thy may still be eligible for listing in the California Register. A resource that has lost its historic character or appearance may still have sufficient integrity for the California Register if it maintains the potential to yield significant scientific or historical information or specific data.
(d) Special considerations:
(1) Moved buildings, structures, or objects. The Commission encourages the retention of historical resources on site and discourages the non-historic grouping of historic buildings into parks or districts. However, it is recognized that moving an historic building, structure, or object is sometimes necessary to prevent its destruction. Therefore, a moved building, structure, or object that is otherwise eligible may be listed in the California Register if it was moved to prevent its demolition at its former location and if the new location is compatible with the original character and use of the historical resource. An historical resource should retain its historic features and compatibility in orientation, setting, and general environment. 
(2) Historical resources achieving significance within the past fifty (50) years. In order to understand the historic importance of a resource, sufficient time must have passed to obtain a scholarly perspective on the events or individuals associated with the resource. A resource less than fifty (50) years old may be considered for listing in the California Register if it can be demonstrated that sufficient time has passed to understand its historical importance.
(3) Reconstructed buildings. Reconstructed buildings are those buildings not listed in the California Register under the criteria in Section 4852(b)(1), (2), or (3) of this chapter. A reconstructed building less than fifty (50) years old may be eligible if it embodies traditional building methods and techniques that play an important role in a community's historically rooted beliefs, customs, and practices; e.g., a Native American roundhouse.
(e) Historical resource surveys. Historical resources identified as significant in an historical resource survey may be listed in the California Register. In order to be listed, the survey must meet the following: (1) the resources meet the criteria of Section 4852(b)(1)-(4) of this chapter; and (2) the survey documentation meets those standards of resource recordation established by the Office in the “Instructions for Nominating Historical Resources to the California Register” (August 1997), Appendix B.
(1) The resources must be included in the State Historical Resources Inventory at the time of listing of the survey by the Commission.
(2) The Office shall review all surveys to assure the standards of resource recordation, which can be found in the “Instructions for Nominating Historical Resources to the California Register” (August 1997), Appendix B of this chapter, have been met. If the survey meets the standards, the Office shall recommend to the Commission that all resources with a significance rating of category 1 through 4, or any subcategories thereof, on DPR Form 523 be listed in the California Register. The Office shall review all category 5 determinations for consistency with the California Register criteria of significance as found in Section 4852(b) of this chapter. Office review will occur within sixty (60) days of receipt of the survey. At the end of sixty (60) days, the Office will either: (1) forward the survey for consideration by the Commission or (2) request additional information.
The status codes, established to indicate eligibility to the National Register of Historic Places, have the following meanings:
(A) Category 1--Listed in the National Register of Historic Places;
(B) Category 2--Formally determined eligible for listing in the National Register;
(C) Category 3--Appears eligible for listing in the National Register;
(D) Category 4--Could become eligible for listing in the National Register; or
(E) Category 5--Locally significant.
(3) If the results of the survey are five or more years old at the time of nomination, the documentation for a resource, or resources, must be updated prior to nomination to ensure the accuracy of the information. The statute creating the California Register requires surveys over five (5) years old to be updated.
(f) Historical resources designated under municipal or county ordinances. Historical resources designated under municipal or county ordinances which have the authority to restrict demolition or alteration of historical resources, where the criteria for designation or listing have not been officially approved by the Office, may be nominated to the California Register if, after review by Office staff, it is determined that the local designation meets the following criteria:
(1) The ordinance provides for owner notification of the nomination of the resource for local historical resource designation and an opportunity for public comment.
(2) The criteria for municipal or county historical resource designation consider the historical and/or architectural significance and integrity of the historical resource and require a legal description of the resource.
(3) The designating authority issues findings or statements describing the basis of determination for designation.
(4) The designation provides some measure of protection from adverse actions that could threaten the historical integrity of the historical resource.
NOTE

Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Title 36, Part 60, Code of Federal Regulations; and Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code.
HISTORY

1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§4853. Application Format.
Note     •     History

Applications shall be submitted on: (1) DPR Form 523-California Historic Resources Inventory Form, dated prior to January 1995; (2) DPR Form 422-Archeological Site Record, dated prior to January 1995; or (3) DPR Form 523 including supplemental forms DPR 523(c), (f), (g), (h), (i), (j), (k) and/or (l) dated prior to January 1995, as appropriate. In addition, the applicant shall submit a set of clearly labeled photographs, as described in the OHP “Instructions for Nominating Historical Resources to the California Register” (August 1997), Appendix B, with the recordation form. If historical resources are recorded after the effective date of this chapter, a DPR Form 523 must be used. In addition, the Commission may require other information for specific types of historical resources as listed in Section 4853 of this chapter.
(a) General requirements. The requirements of Section 4853(a)(1)-(4) of this chapter shall apply to all historical resources which are nominated to the California Register:
(1) The applicant shall use the inventory form which corresponds to the date of recordation of the resource. The inventory form shall be accompanied by a cover letter which includes the name of the applicant, the resource owner and local government with land-use control authority, hereafter local government, and a concise statement of significance. The statement of significance should clearly list the justification for the importance of the historical resource.
(2) A sketch map shall be included, clearly showing the boundaries of the nominated resources, the footprint of all contributing and noncontributing resources, a directional North arrow, and scale. Careful and accurate information shall be provided with sufficient detail to ensure that a legal description of the proposed historical resource may be recorded. These details may include the UTM coordinates marked on a section grid, United States Geological Survey maps, parcel number(s), and legally recorded boundary lines. Boundaries of sites with no material evidence of the significant event must be clearly defined on the map on the basis of specific and definitive historical documentation.
(3) One or more color slides and black and white or color photos shall be provided to properly document the historical resource. Color slides should provide a realistic overview of the historical resource in its setting or detailed views of the historical resource itself, as appropriate. The Commission may require that the applicant provide photos of contributing historical resources on surveys which are over five (5) years old. All photos should be labeled, including the date taken and a location of the image relative to the sketch map described above.
(4) Primary numbers will be assigned by the Regional Information Center. The applicant shall provide a copy of the application to the Information Center which has responsibility for information regarding historical resources for the county in which the resources are located (see Appendix B) at the same time the application is submitted to the Office. The Office of Historic Preservation will assure primary numbers are assigned.
(b) Information Required for Historical Resources.
(1) Individual nominated resources. A single completed DPR Form 523 or Form 422 shall be submitted for each historical resource which is individually nominated. For resources recorded prior to the effective date of this chapter either a single completed DPR Form 523 or Form 422 shall be submitted for each historical resource which is individually nominated. If the historical resource is recorded after the effective date of this chapter, a DPR Form 523 (dated January 1995) shall be submitted for each historical resource.
(2) Historic districts. In the case of an historic district, the applicant shall complete one master form for the district as a whole, with an abbreviated form for each contributing resource. A list of noncontributing resources is required and must be provided in the cover letter. Owner information for each resource must be provided in the cover letter. Slides of contributing historical resources and/or streetscapes shall be included. Black and white or color photographs of each contributing historical resource and representative streetscape are required.
(3) Archeological resources. Archeological resources will be considered for nomination only after having been assigned a Site Trinomial Number by the appropriate Regional Information Center (see Appendix B). The Commission may require additional documentation to more accurately identify and define the site. Depending upon the date the resource was recorded, the DPR Form 523 (dated January 1995) or Form 422 must be accompanied by a statement of significance or research design which explains why the resource qualifies for listing in the California Register.
(4) Historical resource survey. Historical resources which have recordation forms already on file in the inventory with the Office will not require additional DPR Inventory Forms 523 (dated January 1995) unless the Commission requests re-evaluation or re-survey. A cover letter shall provide the owner and the local government information as described in Section 4853(a)(1) of this chapter, an overview of survey methodology to verify that the survey meets the standards discussed in Section 4852(e) of this chapter and adequate mapping showing all areas surveyed.
(5) Historical resources and historic districts designated or listed as city or county landmarks, historic resources or districts pursuant to any city or county ordinance, and local landmarks and other resources designated under municipal or county ordinances.
DPR Form 523 shall be submitted for all local landmarks or locally designated historical resources that have not previously been documented or do not have approved recordation forms on file with the Office. A cover letter shall be submitted, as described in Section 4853(a) of this chapter, and it must include information regarding resource ownership, local government, and a list of all resources included in the nomination. A copy of the ordinance or criteria for local designation must be submitted with the application. Submitting a copy of the ordinance is required whether the resource was designated under a local historic preservation ordinance, which may cover a group or category of historical resources, or under an ordinance or resolution designating only specific historical resource which is being nominated.
NOTE

Authority cited: Sections 5020.4, 5024.1, 5024.5 and 5024.6, Public Resources Code. Reference: Section 27288.2, Government Code; and Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 5029, 21084 and 21084.1, Public Resources Code.
HISTORY

1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§4854. Application Procedures.
Note     •     History

(a) Ownership information. It is the responsibility of the applicant to provide complete information regarding the ownership of those historical resources which the applicant wishes to be included in the California Register. The ownership data must include assessor parcel numbers, maps, and a legal description of the resources. The applicant shall provide the owners' names and addresses on mailing labels, as well as any information necessary to establish whether a proposed resource or district has more than one owner. A boundary map and a list of all resource owners within the proposed district boundaries shall be included for each district. The list shall indicate whether the property of each owner is contributing or noncontributing to the significance of the district. Resources will not be listed in the California Register over the owner's objection, or in the case of a district, a majority of resource owners, but will be “formally determined eligible for listing” (see Section 4855(c) of this chapter).
(b) Submitting the application. Historical resources may be nominated by any individual or group including, but not limited to, members of the general public, private organizations, or local government with control authority over the designated historical resource.
(1) Local government, in whose jurisdiction the historical resource is located, shall submit their applications directly to the Office.
(2) If the applicant is not a local government, the applicant must notify the clerk of the local government by certified mail that an application will be filed with the Office and request that the local government join in the nomination and/or provide comments. Notification to the clerk of the local government shall include a copy of the application. Ninety (90) days after notification to the clerk of the local government, the applicant shall forward all completed applications and any comments to the Office.
(c) If the applicant is not the owner of the resource being nominated, within thirty (30) days of receipt of the application, the Office will provide a copy of the application to the owner and request any additional information.
NOTE

Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code.
HISTORY

1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§4855. State Historical Resources Commission's Public Hearing of a Nomination.
Note     •     History

After technical review by the Office, the nomination will be scheduled for a hearing by the State Historical Resources Commission. The Commission will only consider comments that relate to the criteria for listing a resource in the California Register.
(a) Public notification. At least sixty (60) days before the hearing to consider the nomination for listing, the Office shall do all of the following:
(1) Notify all affected historical resource owners that their resource has been nominated for listing; the time and place set for the hearing; and that the Commission will consider public comments related to whether the resource meets the criteria for listing in the California Register as well as any objections of the owner(s).
(2) Notify the local government and interested local agencies of the time and place set for the hearing and the opportunity for public comments in support of or opposition to the proposed listing.
(3) Notify the general public by means of the Commission's hearing notices of the scheduled hearing date and the opportunity to comment on the nomination.
(4) In the case of an historic district, nominated either individually or as part of a survey, the Office must make a reasonable effort to obtain the identities and addresses of all owners of resources within the proposed district. The Commission must provide notice of the hearing and opportunity to comment or object to all identified owners whether or not their properties were nominated as contributing resources.
(b) Support of or objections to the nomination. The Commission shall consider public comments when it determines whether to list the historical resource in the California Register. Any person or organization, including the following, may submit supporting or opposing comments to the Office before the hearing.
(1) Resource owners. Private resource owners must make any objection to listing in a notarized letter stating that they are the sole or partial owners, that they object to the listing, and the reasons for their objection. Letters of support from private resource owners are welcomed, but not required. If a private resource owner does not reply to a properly transmitted letter of notification, the absence of a reply will be interpreted as consent to the historical resource designation.
(A) Each owner or partial owner of a privately owned individual historical resource has one vote regardless of what percentage of the resource such person owns. Within a district, each owner has one vote regardless of how many buildings, or what percentage of the area of the proposed district, such person owns.
(B) If a majority of private resource owners should object for any reason, the proposed individual resource or district will not be listed. However, in such cases, the Commission shall designate the resource as “formally determined eligible for listing in the California Register.” A resource that has been designated as eligible may be listed at a later time if, and when, the objection is withdrawn.
(2) Local government. Support of, and objections by, local government are to be given full and careful consideration. When the local government objects to the listing, the findings of the Commission shall identify the historical or cultural significance of the resource and explain why the resource was listed in the California Register over the objections of the local government.
(c) Determinations of eligibility and formal listing. A privately owned resource may not be listed in the California Register over the objection of its owner, or in the case of a resource with multiple owners, over the objection of a majority of private resource owners. A district may not be listed in the California Register over the objection of a majority of private resource owners within the proposed district. If a district is listed, it will be listed in its entirety and all contributing resources will be listed, whether or not the owner of that resource has objected.
(1) If a private resource cannot be listed solely due to owner objection, the Commission shall designate the resources as “formally determined eligible for listing.”
(2) An historical resource shall be considered formally “listed in the California Register” when the Commission, upon reviewing the nomination, designates the resource as eligible for listing and accepts it for official listing in the California Register.
(3) The Commission shall adopt written findings to support its determinations. Findings shall include a description of the historical resources and the historical or cultural significance of the resources and identification of those criteria on which any determination was based.
(4) Within forty-five (45) days after approval or disapproval of a nomination by the Commission, the Officer shall notify the applicant, resource owner(s), and the affected local government in writing of the Commission's decision.
NOTE

Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Title 36, Part 60, Code of Federal Regulations; and Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code.
HISTORY

1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§4856. Criteria and Procedures for Removal of an Historical Resource from the California Register of Historical Resources.
Note     •     History

Historical resources are formally determined eligible for, or listed in, the California Register on the basis of an evaluation of the historical data by qualified professionals. The Commission may, at its discretion, consider a request for formal delisting after a public hearing has taken place.
(a) The Commission may remove an historical resource from the California Register if one of the following criteria is satisfied:
(1) The historical resource, through demolition, alteration, or loss of integrity has lost its historical qualities or potential to yield information; or
(2) New information or analysis shows that the historical resource was not eligible at the time of its listing.
(b) Documentation supporting a request for removal of an historical resource from the California Register shall be provided to the Commission for its review. The documentation shall include:
(1) A written request from the Officer, resource owner, a member of the public, or local government in which the historical resource is located recommending the removal of the resource, including a detailed justification based on the criteria listed in Section 4856(a)(1) or (2);
(2) Photographs and other documentation regarding the current condition of the historical resource;
(3) Photographic and archival documentation of the historical resource at the time of listing; and
(4) Complete current ownership information for historical resources included in the listing.
(c) The Office shall notify the resource owners, the local government in which the historical resource is located, the general public, and the individual, organization, or government authority which made the original nomination at least sixty (60) calendar days prior to the date scheduled for the public hearing. At the hearing, the Commission shall hear comments and receive information regarding whether or not the criteria for removal of an historical resource from the California Register have been met. If the criteria have been met, the resource shall be removed from the California Register. If the criteria for removal have not been met, the historical resource shall remain in the California Register. The decision of the Commission shall be final unless a request for reconsideration is made pursuant to Section 4857 of this chapter.
(d) The Office shall notify the resource owners, the local government described above, the general public, and the individual, organization, or government agency which made the original nomination within sixty (60) days after reaching a final decision. The decision of the Commission shall be binding.
NOTE

Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code.
HISTORY

1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§4857. Requests for Redetermination by the State Historical Resources Commission.
Note     •     History

Requests for redetermination may be submitted within thirty (30) days after the Commission transmits notice of its final determination. Such requests shall set forth the reasons why the Commission's determination was improper, including all new relevant facts and information.
(a) The Commission has the power to reverse or alter its prior determinations, in whole or in part, if any of the following occur:
(1) There is a significant error in the facts, information, or analysis on which the prior decision was based; or
(2) The prior determination, in light of current information, appears to have been arbitrary, capricious, or based on substantial error.
(b) The Commission shall advise the applicant within sixty (60) days after receipt of a request for redetermination whether it will consider such request, and if so, set the date for a hearing by the Commission.
(c) If the request for redetermination is denied, then the original determination shall become final for all purposes, unless the resource is later shown to be demolished, altered, or has lost its integrity.
NOTE

Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code.
HISTORY

1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§4858. Saving Clause.
Note     •     History

If any one or more of the regulations in this chapter, or any portion of any one of these regulations is found or held to be invalid, all other regulations and portions of regulations shall be severable from the invalid regulation or portion and shall be presumed to be valid.
NOTE

Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: Section 11350, Government Code; California Drive-in Restaurant Asso. v. Clark (1943) 22 Cal.2d 287, 140 P.2d 657; and Schenley Affiliated Brands Corp. v. Kirby (1971) 21 Cal.App.3d 177, 98 Cal.Rptr. 609.
HISTORY

1. New section and appendix A filed 12-2-97; operative 1-1-98 (Register 97, No. 49).

Appendix A   A Glossary of Terms as Used in the California Register of Historical Resources

A
Archaeological District. An area defined by a significant concentration, linkage, or continuity of sites.
Archaeological Site. A bounded area of a resource containing archaeological deposits or features that is defined in part by the character and location of such deposits or features.
The Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa). Provides for protection of terrestiral and submerged archaeological resources. Authorizes criminal prosecution for the excavation, removal, or damage of archaeological resources on public or Indian lands without appropriate permit. Governs the transportation of illegally obtained materials, access to information, and the permitting process.

B
Boundaries. Lines delineating the geographical extent or area of an historical resource.
Building. A resource, such as a house, barn, church, factory, hotel, or similar structure, created principally to shelter or assist in carrying out any form of human activity. Also, used to refer to an historically and functionally related unit, such as a courthouse and jail or a house and barn.

C
California Historical Resources Information System (CHRIS). That collection of Site Records, Historic Resource Inventory Forms, and all information on historical resources which has been acquired and managed by the State Office of Historic Preservation since 1975. This shall include the State Historic Resources Inventory, the California Archaeological Site Inventory, properties listed in the National Register of Historic Places, California Registered Historical Landmarks, California Points of Historical Interest, and the California Register of Historical Resources.
Conservation Easement. A less than fee simple interest in real property recorded as a deed restriction which is designated to protect the historic, cultural, archaeological, or ecological characteristics of a property. For purposes of the regulations in this chapter, it is interchangeable wit the term “Preservation Easement.”
Cultural Heritage. Pertaining to the sum total of traditions, body of knowledge, etc., inherited as possessions, characteristics, or conditions expressing a traditional way of life subject to gradual, but continuous modifications by succeeding generations.
Cultural Resource. See Historical Resource.
Culture. A linkage of people possessing shared values, beliefs, and historical associations coupling social institutions and physical materials necessary for collective survival.

D
Disclosure, archaeological site. To make available any records that pertain to an archaeological site. However, “archaeological site disclosure” need not take place if the nomination of a resource to the California Register requires making known any records which related to archaeological site information when those records are maintained by either the Department of Parks and Recreation or the State Historical Resources Commission.
District. A geographic area which possesses a significant concentration, linkage, or continuity of sites, buildings, areas, structures, or objects which are united historically, culturally, or aesthetically by plan, history, or physical development. For purposes of the regulations in this chapter, this term is interchangeable with “Historic District.”
DPR Form 422. Department of Parks and Recreation Archaeological Resources Inventory Form Number 422.
DPR Form 523. Department of Parks and Recreation Historic Resources Inventory Form Number 523.

E
Evaluation. A process carried out by the State Historical Resource Commission whereby the significance and integrity of an historical resource is judged, thereby determining its eligibility for listing.

F
Footprint. The form or pattern made by the perimeter of a building or other resource. Often used in connection with sketch maps or boundaries. A sketch map may show the footprint of historic resources as they are found on a parcel of land.
Formally Determined Eligible for Listing. An historical resource shall be considered “formally determined eligible for listing” when the State Historical Resources Commission accepts the nomination of the historical resource and designates the property as eligible for listing in the California Register.

G
Geographical Area. An area of land containing historical or archaeological resources that can be identified on a map and delineated by boundaries.

H
Historic Context. An organizing structure for interpreting history that groups information about historical resources sharing a common theme, geographical area, or chronology. The development of “historic context” is a foundation for decisions regarding the planning, identification, evaluation, registration, and treatment of historical resources based upon comparative historic significance.
Historic District. A geographic area which contains a concentration of historic buildings, structures, or sites united historically, culturally, or architecturally. “Historic districts” are defined by precise geographic boundaries. Therefore, “historic districts” with unusual boundaries require a description of what lies immediately outside the areas in order to define the edge of the district and to explain the exclusion of adjoining areas.
Historic Fabric. (1) With regard to an historic building, “historic fabric” means the particular materials, ornamentation, and architectural features which are consistent with the historic character of the building. (2) With regard to an historic district, “historic fabric” means all sites, buildings, structures, features, objects, landscaping, street elements, and related design components of the district which are consistent with the historic character of the district. (3) With regard to an archaeological district, “historic fabric” means sites, standing structures or buildings, historic landscape (land disturbance such as grading or construction), features (remnants of walls), and objects (artifacts) which are consistent with the historic character of the district.
Historic Integrity. The ability of a resource to convey its historical significance.
Historic Resources Inventory Form (DPR Form 523). A document which describes the characteristics and locations of buildings, structures, objects, and districts recorded for inclusion in an Historic Resources Inventory.
Historical Landmarks. See State Historical Landmark.
Historical Resource. Any object, building, structure, site, area, place, record, or manuscript which is historically or archaeological significant, or which is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural history of California.
Historical Resources Inventory. A set of data, such as a list of historical resources, generated through an Historical Resources Survey.
Historical Resources Survey. The process of systematically identifying, researching, photographing, and documenting historical resources within a defined geographic area.

I
Identification. The process by which information is gathered regarding historical resources.
Information Center. See Regional Information Center.

L
Landscape, Cultural. A geographic area that (1) has been used, shaped, or modified by human activity, occupation, intervention; or (2) possesses significant value in the belief system of a culture or society.
Landscape, Designed. A geographic area that (1) has significant as a design or work of art; (2) was consciously designed and laid out by (a) a designer according to academic or professional design standards, theories, or philosophies of landscape architecture; or (b) by an amateur using a recognized style or tradition; (3) has an historical association with a significant person, trend, or event in landscape gardening or landscape architecture; or (4) has a significant relationship to the theory or practice of landscape architecture.
Landscape, Rural. A geographic area that (1) has historically been shaped or modified by human activity, occupancy, or intervention; (2) possesses a significant concentration, linkage, or continuity of areas of land use, vegetation, buildings or structures, roads or waterways, or natural features; or (3) provides a sense of place.
Listed. A California Register historical resource shall be considered “listed” when (1) the State Historical Resources Commission, after reviewing the nomination of the historical resource, accepts it for listing in the California Register; or (2) it has been automatically “listed” under Public Resources Code Section 5024.1(d)(1) & (2).
Local government. A public agency with land-use control authority over a designated historical resource. Local governments may include special district, tribal, city, or county governments.

M
Manuscript. (1) Bodies or groups of personal papers. (2) Collections of documents acquired from various sources according to a plan. (3) Individual documents acquired by a manuscripts repository because of their special importance. (Society of American Archivists)

N
National Environmental Policy Act of 1989 (NEPA). (42 U.S.C. 4321-4327 (1969) (amended)). Created a process by which to analyze significant environmental impacts, including impacts to historical resources, for federally funded or licensed actions.
National Historic Preservation Act of 1966 (NHPA). (16 U.S.C. 470 (1966) (amended)). Established the National Register of Historic Places. Created a partnership between federal, state, and local agencies to extend the national historic preservation programs to properties of state and local significance.
National Register Criteria. The federally established standards for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.
 National Register of Historic Places, The. (16 U.S.C. 470a, 36 C.F.R. Parts 60, 63). The official inventory of districts, sties, buildings, structures, and objects significant in American history, architecture, archeology, and culture which is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 (16 U.S.C. 461-467 (1935) (amended)) and the National Historic Preservation Act of 1966 (16 U.S.C. 470 (1966) (amended)).
Nomination. A formal application, submitted to the State Historical Resources Commission, for listing an historical resource on the California Register of Historical Resources.

O
Object. Manifestations that are primarily artistic in nature, or are relatively small in scale and simply constructed. The “object” may be a fixture (real property) or movable (personal property). Although it may be movable by nature or design, an object must be associated with a specific setting or environment. The “object” should be in a setting appropriate to its significant historical use, role or character; for example, a fountain or boundary marker.
Officer. The State Historic Preservation Officer (SHPO) is appointed by the Governor under the authority of Public Resources Code Section 5020.6. The SHPO serves as the Chief Administrative Officer of the Office of Historic Preservation and Executive Secretary of the State Historical Resources Commission. The SHPO administers state and federally mandated historic preservation programs under the authority of the National Historic Preservation Act of 1966, Section 101(b)(3), (16 U.S.C. 470 (1966) (amended)) and Cal. Pub. Res. Code Section 5024.
Owner. Those individuals, partnerships, corporations, or public agencies holding fee simple title to a resource. The term does not include individuals, partnerships, corporations, or public agencies holding easements or less fee simple interests, including leaseholds.

P
Penal Code, Section 622.5. Provides misdemeanor penalties for every person, other than the owner, who injures or destroys objects of historical or archeological interest located on public or private lands.
Point of Historical Interest. The California Point of Historical Interest Program (Cal. Pub. Res. Code Section 5021) is a state historical resources registration program, established in 1965, which provides official recognition for historical resources that are significant at a county or regional level, but do not quality for designation as California Registered Historical Landmarks.
Preservation (treatment). The act or process of applying measures to sustain the existing form, integrity, or historic fabric of an historical building or structure, or the form or vegetative cover of an historic site. It may include stabilization work, as well as ongoing maintenance of the historic fabric.
Preservation Commission. A city or county board of appointed citizens with assigned responsibilities for surveying, designating, and protecting historical resources. May also be called an historic review board, design review board, landmarks commission, or cultural heritage commission.
Primary Number. The number used to identify and retrieve records regarding a specific site in the California Historical Resources Information System. The Primary Number describes the location of a resource in the same manner as a Site Trinomial Number.
Protection (treatment). The act or process of applying measures to affect the physical condition of an historical resource by guarding it from deterioration, loss, or attack by natural causes, or to cover or shield it from threat of danger or harm. In the case of buildings or structures, these measures are usually temporary; however, with regard to archeological resources, protective measures may be temporary or permanent.
Public Resources Code, Section 5097.5. Defines as a misdemeanor the unauthorized disturbance or removal of archeological, historical, or paleontological resources located on public lands.

R
Reconstruction (treatment). The act or process of reproduction through construction the exact form and detail of a vanished building, structure, or object, or any part thereof, as it appeared at a specified period of time.
Recordation. Section 27288.2 of the Government Code and Section 5029 of the Public Resources Code require the County Recorder to record a certified resolution of historical resources designation containing the name of the current property owner, the historical resources registration program, the designating entity, the specific historical resources designation, and a legal description of the property.
Regional Information Center. An Information Center of the California Historical Resources Information System, under contract to the Office of Historic Preservation, which receives, manages, and provides information on historical and archeological resources. “An Information Center” may also provide training or technical assistance on a fee-for-service basis.
Registration. A program by which an historic resource is documented, evaluated, and determined eligible or nominated for listing as a type of historical resource. Such programs may be local, state, or national.
Rehabilitation (treatment). The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values.
Research Design. Reveals the logic that will be used to direct identification, documentation, investigation, analysis, or treatment of an historical resource that identifies the goals, methods and techniques, potential results, and the relationship of the potential results to other proposed activities or treatments.
Resource, Contributing. A resource which by location, design, setting, materials, workmanship, feeling, and association adds to the sense of historical authenticity, historical development, or value of an historical resource.
Resource, Non Contributing. An historical resource which does not add to the sense of historical authenticity or evolution of an historic property or where the location, design, setting, materials, workmanship, history, and/or association of the historical resource have been so altered or deteriorated that the overall integrity of that resource has been irretrievably lost.
Restoration (treatment). The act or process of reproducing the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time.

S
Secretary of Interior Standards. Identified in the Secretary of the Interior Standards and Guidelines for Historic Preservation Projects (36 C.F.R. 67), with accompanying interpretive guidelines, which are utilized by federal agencies in the preservation of historical properties that are listed, or are eligible for listing, on the National Register. They are also used by some State Historic Preservation Offices in evaluating projects proposed as historical resources in accordance with federal regulations; or by local governments, organizations, and individuals in making decisions about the identification, evaluation, registration, or treatment of historic properties. The Secretary of the Interior's Standards for Rehabilitation is aimed at retaining and preserving those features and materials which are important in defining the historic character of an historical resource. Technical advice about archeological and historic preservation activities and methods is also included in the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation.
Site. A location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archeological value regardless of the value of any existing building, structure, or object. A “site” need not be marked by physical remains if it is the location of a prehistoric or historic event and if no buildings, structures, or objects marked it at that time. Examples include trails, designed landscapes, battlefields, habitation sites, Native American ceremonial areas, petroglyphs, and pictographs.
Site Record. A document which describes the characteristics and location of a site, and which has been completed for entry in the California Archaeological Site Inventory.
Site Trinomial Number. A site registration number assigned by the Office of Historic Preservation to a specific archeological resource under which all documentation for that resource will be recorded.
Stabilization (treatment). The act or process of applying measures designed to establish a weather resistant enclosure and the structural stability of an unsafe or deteriorated property, or one which has the potential to deteriorate or to become unsafe, while maintaining the essential form as it exists at present.
State Historic Preservation Officer (SHPO). See Officer.
State Historic Resources Inventory. Compilation of all identified and evaluated historical resources maintained by the State Office of Historic Preservation. It includes all those historical resources evaluated in surveys that were conducted in accordance with criteria established by the Office (see Appendix B) and were thereafter determined eligible for, or listed in, the National Register of Historic Places or designated as California Registered Historical Landmarks, California Points of Historical Interest, or the California Register of Historical Resources.
State Historical Building Code (SHBC). The State Historical Building Code is contained in Part 8 of Title 24 (State Building Standards Code) and applies to all qualified historical structures, districts, and sites designated under federal, state, or local authority. It provides alternatives to the Uniform Building Code in cases consistent with building regulations for the rehabilitation, preservation, restoration, or relocation of qualified historic structures designated as historic buildings.
State Historical Landmarks. The California Registered Historical Landmarks Program (Cal. Pub. Res. Code Section 5021) is a state historical resources registration program which was created in 1949 to recognize historical resources with regional and statewide significance to the history of California
State Historical Resources Commission (SHRC). Commission appointed by the Governor under Public Resources Code Section 5020.4 and 5020.5. The SHRC has broad responsibilities for the statewide historic preservation program that include conducting a statewide inventory of historical resources, establishing criteria for evaluating historical resources, and conducting public hearings to develop and review a statewide historical resources plan.
Statement of Significance. An organizational format which groups information about related historical resources based on theme, geographic units, and chronological period. The information should describe why the resource is significant within a relevant historic context.
Structure. A construction made for a functional purpose rather than creating human shelter. Examples of structures include mines, bridges, and funnels.

T
Tax Certification. A provision of federal tax law which, under certain conditions, allows money invested in capital rehabilitation to be deducted from income taxes owed. See those provisions for certified National Register structure which are included in the Economic Recovery Act of 1981 (Internal Revenue Code Section 48, 168, 170, and 280B).
Traditional Cultural Properties. A geographic area or historical resource that embodies important cultural values. It may contain landscape characteristics that are the tangible evidence of the activities and habits of the people who occupied, developed, and shaped the land to serve their needs, or it may include several categories of properties. It may also contain, or consist primarily of, natural features which are important in a religious or belief system.

U
UTM Coordinates. A set of metric coordinates (easting and northing) that indicate a unique location according to the Universal Transverse Mercator grid appearing on maps of the United States Geological Survey.
Chapter 11.7. Recreational Trails Program
§4860. Recreational Trails Program.
Note     •     History

Applicants who wish to participate in the Recreational Trails Program must comply with the Procedural Guide for the federal Recreational Trails Program Final June 4, 2007.
The Procedural Guide for the federal Recreational Trails Program Final June 4, 2007 is incorporated by reference.
NOTE

Authority cited: Sections 5003 and 5072.8(c), Public Resources Code. Reference: Section 5072.8, Public Resources Code; and Title 23, United States Code, Sections 104(h) and 206.
HISTORY

1. New chapter 11.7 (section 4860) and section filed 7-15-2008; operative 8-14-2008 (Register 2008, No. 29).
Chapter 12. Land and Water Conservation
§4900. Land and Water Conservation Fund Program.
Note     •     History

Applicants who wish to participate in the Land and Water Conservation Fund Program must comply with the Land and Water Conservation Fund Program Procedural Guide Revised September 2007.
The Land and Water Conservation Fund Program Procedural Guide Revised September 2007 is incorporated by reference.
NOTE

Authority cited: Sections 5009.10 and 5099-5099.12, Public Resources Code. Reference: Section 1(b) of the Land & Water Conservation Fund Act of 1965, as amended, 78 Stat. 897, California Outdoor Recreation Resources Plan Act of 1967; and Section 5099 et seq., Public Resources Code.
HISTORY

1. Repealer of subsection (i) filed 6-26-75; effective thirtieth day thereafter (Register 75, No. 26).
2. Repealer and new section heading and section and new Note filed 9-22-2008; operative 10-22-2008 (Register 2008, No. 39).
§4901. Authority. [Repealed]
History

HISTORY

1. Repealer filed 9-22-2008; operative 10-22-2008 (Register 2008, No. 39).
§4902. Allocation of Funds. [Repealed]
History

HISTORY

1. Repealer filed 9-22-2008; operative 10-22-2008 (Register 2008, No. 39).
§4903. Project Criteria. [Repealed]
Note     •     History

NOTE

Authority cited: Section 5003, Public Resources Code.
HISTORY

1. Repealer and new section filed 2-16-77; effective thirtieth day thereafter (Register 77, No. 8). For prior history, see Register 75, No. 26.
2. Repealer and new section filed 7-27-78; effective thirtieth day thereafter (Register 78, No. 30).
3. Repealer filed 9-22-2008; operative 10-22-2008 (Register 2008, No. 39).
§4904. Priorities Among Eligible Projects.
History

HISTORY

1. Repealer filed 9-22-2008; operative 10-22-2008 (Register 2008, No. 39).
APPLICATIONS FOR ASSISTANCE
§4910. Application Format.

Applications for assistance under this Program shall be prepared in such format and contain such information as the State Liaison Officer shall determine. Procedure guides for preparation of such applications shall be made available upon request from interested agencies.
§4911. Submission of Applications.

Applications shall be submitted by such deadlines as may be established by the State Liaison Officer.
(a) All eligible state and local agencies will be notified of such deadline.
AVAILABILITY AND DISBURSEMENT OF FUNDS
§4920. Availability and Disbursement of Funds.

Funds available under this program shall be disbursed pursuant to the terms and conditions of a contract, called a Project Agreement, between the State Liaison Officer and the applicant. The Project Agreement is a document separate from the application and the form thereof shall be determined by the State Liaison Officer.
Chapter 13. Roberti-Z'berg Urban Open Space and Recreation Program
§4930. Application; Form and Content.
Note     •     History

Applications for both block grants and grants based upon need shall be prepared and submitted as set forward in the “Procedural Guide and Program Criteria for the Roberti-Z'berg Urban Open-Space and Recreation Program,” as published from time to time by the Department of Parks and Recreation.
NOTE

Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code.
HISTORY

1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No. 8).
2. Editorial correction relocating Sections 4930-4935 from Chapter 12 to Chapter 13 (Register 77, No. 28). For former language of Chapter 13, see Register 74, No. 25.
§4931. Resolution of Applicant's Governing Body.
Note     •     History

An applicant shall include with the application one copy of its resolution authorizing the application to be made and specifying its agents for negotiation and execution of grant documents.
NOTE

Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code.
HISTORY

1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No. 8).
§4932. Certification by Legal Counsel.
Note     •     History

The application shall include the certifications by legal counsel required by Public Resources Code Section 5626(c).
NOTE

Authority cited: Section 5625, Public Resources Code. Reference: Section 5626(c), Public Resources Code.
HISTORY

1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No. 8).
2. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
§4933. Compliance with CEQA.
Note     •     History

Documents prepared by an applicant in conformance with the California Environmental Quality Act shall be submitted to the State Clearinghouse prior to or at the same time as the application is filed.
NOTE

Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code.
HISTORY

1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No. 8).
§4934. Reports to State.
Note     •     History

Grant recipients shall submit reports of the grant annually on a date to be specified by the Department, including, but not limited to, the percentages of grant funds expended, the percentage of projects completed with description of the completed portions and any departures from the project schedule set forward in the application, with the reasons therefor.
NOTE

Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code.
HISTORY

1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No. 8).
§4935. Matching with Goods and Services.
Note     •     History

Grants for development may be matched by non-monetary contributions of goods and services supplied by the applicant, a third person, or by gift.
(a) Goods in the form of equipment, whether applicant owned, purchased, leased, or donated will be valued on a use basis in accordance with actual costs of purchase or lease or on a depreciation schedule in accordance with applicant's normal accounting practices or prevailing costs of goods if donated. Equipment rental rates adopted by the California Department of Public Works may be used as a guide. Residual market value of purchased equipment shall be credited to projects costs upon completion.
(b) Goods in the form of supplies and material will be valued at either actual direct costs to applicant or, if capitalized as part of a structure or item of equipment used on the project, that cost reasonably attributable to the projects, or if donated according to prevailing costs.
(c) Services will be valued in the actual amounts of salaries, wages and direct overhead costs, expended on the project.
(d) Volunteer services may be furnished by professional and technical personnel, consultants, and other skilled and unskilled labor. Each hour of volunteered service may be counted as matching share if the service is an integral and necessary part of an approved project. Records of in-kind contributions of personnel shall include time sheets containing the signature of the person whose time is contributed and of his supervisor verifying that the record is accurate.
(e) Rates for volunteers should be consistent with those regular rates paid for similar work in other activities of the State. The time of a person donating his services will be valued at the rate paid as a general laborer unless he is professionally skilled in the work he is performing on the project (i.e., plumber doing work on pipes, mason doing work on a brick building). When this is the case, the wage rate this individual is normally paid for performing his service may be charged to the project. A general laborer's wages may be charged in the amount of that which the city or cities in the immediate area pay their city employees for performing similar duties.
NOTE

Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code.
HISTORY

1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No. 8).
Chapter 14. California Exposition and State Fair (Cal-Expo)
§4950. Definitions.
Note     •     History

(a) “Director,” as used herein, means Director of Parks and Recreation of the State of California.
(b) “General Manager” means the General Manager of the California Exposition and State Fair.
(c) “Cal-Expo” means the California Exposition and State Fair.
(d) “Person,” as used herein, shall be construed to mean and include natural persons, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.
(e) “Animal” is any animate being not human, which is endowed with the power of voluntary motion.
NOTE

Authority cited: Food and Agricultural Code, Section 3324.
HISTORY

1. New Sections 4950-4961 filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21). For prior history, see Register 78, 33; 79, 10.
§4951. Use of Facilities, Payment.
Note

No person shall use or occupy the grounds or facilities for the use of which a fee has been established by the General Manager, unless he has first paid such fee. This shall not apply to state officers and employees on official business nor to persons excepted by the General Manager.
NOTE

Authority cited: Food and Agricultural Code, Section 3324.
§4952. Litter.
Note

No person shall leave, deposit, drop, or scatter bottles, broken glass, ashes, waste paper, cans, or other litter on the premises of Cal Expo except in a receptacle designed for that purpose.
NOTE

Authority cited: Food and Agricultural Code, Section 3324.
§4953. Fires.
Note

No person shall light, build, use, or maintain a fire on the premises of Cal Expo unless authorized by the General Manager.
NOTE

Authority cited: Food and Agricultural Code, Section 3324.
§4954. Dogs; Animals.
Note

(a) No person shall bring, permit to enter, or possess a dog or other animal on the premises of Cal Expo unless authorized in writing by the General Manager.
(b) A dog or other animal authorized on the premises of Cal Expo shall be on a leash of no more than six feet in length and under the immediate control of a person or confined to a vehicle unless authorization is to the contrary.
(c) A person authorized to bring or possess a dog on the premises of Cal Expo shall present proof that the dog has a valid license or rabies inoculation, except for dogs under five months old.
(d) No person authorized to possess a dog or other animal on the premises of Cal Expo shall not permit it to remain outside a trailer, mobile home, recreational vehicle, or other enclosure during the night.
(e) Subsections (a) and (b) shall not apply to a “seeing eye” dog used to guide a blind person there present, provided that the dog remains under the immediate control of the blind person and is not disturbing to other persons.
NOTE

Authority cited: Food and Agricultural Code, Section 3324.
§4955. Dangerous Weapons.
Note

No person shall carry or transport, in any manner, dangerous weapons or articles in or upon the buildings or grounds of Cal Expo. Such weapons or articles shall include, but not be limited to, any instrument commonly known as a blackjack, sling shot, billy, sandclub, sandbag, metal knuckles, any dirk, dagger, a pistol, revolver, or any other firearm, any knife having a blade longer than four inches, any razor with an unguarded blade and any metal pipe or bar, and any substance which can be exploded or burned in a manner which might produce bodily injury or damage to Cal Expo properties. The prohibitions of this section do not apply to persons carrying or transporting such items in connection with their duties as State employees or to persons conducting any other legitimate business, or service on Cal Expo premises.
All such items shall be confiscated and shall not be returned until the person carrying or transporting such items leaves the buildings and grounds of Cal Expo.
NOTE

Authority cited: Food and Agricultural Code, Section 3324.
§4956. Assembly.
Note

No person shall conduct or attend an assembly or public demonstration unless approved by the General Manager upon a finding that such activity would not substantially interfere with the use of the Cal Expo facilities by the general public.
NOTE

Authority cited: Food and Agricultural Code, Section 3324.
§4957. Closing.
Note

No person shall enter or be present in any portion of Cal Expo after closing hours or in any area designated closed, unless authorized by the General Manager.
NOTE

Authority cited: Food and Agricultural Code, Section 3324.
§4958. Alcoholic Beverages.
Note

No person shall possess or consume any alcoholic beverage on the premises of Cal Expo which was not obtained from an authorized concessionaire located at Cal Expo unless authorized in writing by the General Manager.
NOTE

Authority cited: Food and Agricultural Code, Section 3324.
§4959. Soliciting.
Note

No person shall solicit, sell, hawk, or peddle any goods, wares, merchandise, liquids, or edibles for human consumption or distribute circulars on the premises of Cal Expo, unless authorized in writing by the General Manager.
NOTE

Authority cited: Food and Agricultural Code, Section 3324.
§4960. Speed Limit.
Note

No person shall drive a vehicle within the grounds of Cal Expo at a speed greater than is reasonable or prudent, having due regard for the traffic on, and the surface and width of, the road, and in no event at a speed which endangers the safety of persons, property, or animals, provided however, that in no event shall a vehicle be driven at a speed greater than 15 miles per hour.
NOTE

Authority cited: Food and Agricultural Code, Section 3324.
§4961. Vehicles--Operation, Stopping, Parking, Removal by Peace Officers.
Note

(a) No person shall operate any vehicle, negligently or willfully in such a manner as to harass, endanger, or injure any person or animal.
(b) No person shall operate, stop or park a vehicle, except on a designated road or parking area, nor operate or park a vehicle on the premises of Cal Expo after closing hours.
(c) Any peace officer with concurrent jurisdiction on the premises of Cal Expo or any member of the California Highway Patrol or any Cal Expo peace officer is authorized to cause the removal of a vehicle from the premises of Cal Expo under the provision of the Vehicle Code including, but not limited to, Section 22659, or Cal Expo regulations contained herein.
(d) All individuals operating vehicles on the grounds of Cal Expo shall be properly licensed to operate such vehicles in accordance with the California Vehicle Code. The General Manager may authorize certain types of vehicles to be operated on the grounds of Cal Expo by other than licensed operators.
(e) No person shall operate or ride a bicycle, scooter, skateboard or other operator-propelled device on the grounds of Cal Expo unless authorized in writing by the General Manager.
NOTE

Authority cited: Food and Agricultural Code, Section 3324.
Chapter 15. Off-Highway Motor Vehicle Recreation Grants and Cooperative Agreements Program Regulations
Article 1. General Provisions
§4970.00. Application of Chapter.
Note     •     History

California Code of Regulations (CCR), Title 14, Division 3, Chapter 15 applies only to Grant and Cooperative Agreement Applications received by the Off-Highway Motor Vehicle Recreation (OHMVR) Division on or after January 9, 2012. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.01-5090.70, Public Resources Code.
HISTORY

1. New chapter 15 (articles 1-5, sections 4970.00-4970.26), article 1 (sections 4970.00-4970.05 and subarticle 1, sections 4970.06.1-4970.09) and section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). For prior history of chapter 15 (articles 1-5, sections 4970-4970.32), see Register 2007, No. 19. 
2. Amendment filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
3. Amendment filed 1-5-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 1). 
4. Amendment filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.01. Definitions.
Note     •     History

The words used in this chapter have the following meanings whenever the words are capitalized: 
(a) “Act” means the Off-Highway Motor Vehicle Recreation Act of 2003, as amended, commencing at PRC Section 5090.01, or any subsequent amended versions.
(b) “Applicant” means any entity identified in Section 4970.03. 
(c) “Application” means a compilation of required information submitted in conformance with these regulations to support a request for funding from the OHMVR Division's Grants program for proposed Project(s).
(d) “Audit” means a comprehensive review in accordance with Generally Accepted Auditing Standards (GAAS), developed by the American Institute of Certified Public Accountants (AICPA) and the Government Auditing Standards issued by the United States (U.S.) General Accounting Office. The Audit is a review of the Grantee's relevant financial records by the Department of Parks and Recreation Audit Office staff or other Department designee to determine that they support the expenditures authorized in the Project Agreement.
(e) “CEQA” means the California Environmental Quality Act, Public Resource Code (PRC) Section 21000 et seq.; Title 14, CCR, Division 6, Chapter 3, Article 20.
(f) “Conservation” means activities, practices, and programs developed and/or implemented in connection with ongoing OHV Recreation that sustain and preserve soils, plants, wildlife and their habitat, and natural and Cultural Resources as referenced in or required by PRC Sections 5090.10, 5090.35, 5090.50, and 5090.53.
(g) “Cooperative Agreement” means an agreement between the OHMVR Division and a federal agency or a Federally Recognized Native American Tribe for the purposes authorized and defined in PRC Section 5090.50 and these regulations.
(h) “Cultural Resources” are associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; are associated with the lives of persons important in our past; embody the distinctive characteristics of a type, period, region, or method of construction, or represent the work of an important creative individual, or possess high artistic values; or have yielded, or may be likely to yield, information important in prehistory or history. Cultural Resources also include historical resources. Historical resources include, but are not limited to, any object, building, structure, site, area, place, record, or manuscript that is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. A resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the California Register of Historical Resources (PRC Section 5024.1, Title 14 CCR, Section 4852).
(i) “Deliverables” means the specific tangible outcomes or work products to be provided, acquired, or produced with the funds made available pursuant to the Project Agreement. Examples include the purchase of a specified property, installation of specified erosion control measures, construction of a restroom, construction of a specified length of fencing, production of a specified number of maps, purchase of specified Equipment, Restoration of a specific area, maintenance of a specific length of trail, completion of research resulting in a written report, and planning that results in a report or reports including any related specified documents.
(j) “Development” means the construction of new, and/or improvement of existing Facilities to improve existing or provide additional opportunities, experiences, or services for OHV Recreation.
(k) “District” means a public or quasi-public governmental entity formed according to law whose mission includes clear legal responsibility for open space, recreation, parks, and resource-related activities that are land based.
(l) “Division Website” means the internet page of the OHMVR Division located at www.ohv.parks.ca.gov.
(m) “Due Diligence” means to conduct or cause to be conducted an investigation of all aspects of property proposed to be acquired and/or developed using OHV Trust Funds, including investigating the suitability of the property for the intended use, and all critical facts and assumptions used in developing the proposed Project that would assist in evaluating the success of the Project in providing OHV Recreational opportunities and to avoid and/or minimize potential risks that could impair the future sustainability of OHV Recreation.
(n) “Ecological” means the interdependence of living organisms within the ecosystem in which the OHV use exists, including the interrelationship and interactions between and among the natural and Cultural Resources and the human activities relating to or affected by OHV use.
(o) “Ecological Restoration” means an intentional activity that initiates or accelerates the recovery of an ecosystem with respect to its health, integrity and sustainability. 
(p) “Education” means comprehensive programs that teach OHV safety, environmental responsibility, and respect for private property. 
(q) “Educational Institution” means a public or private preschool, elementary, or secondary school, college or university, or institution; the governing board of a school district; or any combination of school districts or counties recognized as the administrative agency for public elementary or secondary schools.
(r) “Equipment” means tangible property that has a normal useful life of at least one year and has a unit acquisition cost of at least $1,000 (e.g., four identical assets which cost $400 each, for a $1,600 total, would not meet the requirement). Equipment does not include expendable items such as personal safety gear, or tires.
(s) “Facility” means the assets of an organization that include: buildings, trails, roads, grounds, parking facilities, and structures such as shade structures, fences, trash enclosures, cattle guards, etc., and includes the systems that support facilities (fuel, electrical, sewer, water, waste, etc.).
(t) “Federally Recognized Native American Tribe” means any tribe, band, nation, or other organized group or community of Indians, including any Alaska Native Village pursuant to Title 25, Code of Federal Regulations (CFR) Section 83.5(a).
(u) “Grant” means a local agency grant between the OHMVR Division and a city, county, District, State Agency, Educational Institution, or Nonprofit organization for the purposes as authorized and defined in PRC Section 5090.50 and these regulations or a Cooperative Agreement between a federal agency, or a Federally Recognized Native American Tribe, and the OHMVR Division.
(v) “Grantee” means a recipient of a Grant. 
(w) “Ground Disturbing Activity” means any earth moving Project-related activity.
(x) “Habitat Management Program (HMP)” means an animal and plant wildlife habitat protection program designed to sustain a Viable Species Composition for the Project Area, pursuant to PRC Sections 5090.35, 5090.50, and 5090.53.
(y) “Inconsequential Defect” means a defect that, when corrected, does not provide the Applicant an unfair advantage.
(z) “Indirect Costs” means expenses incurred for the management and administration of a project (e.g., utility costs, accounting services, contract administration, postage, management personnel, telephone bills, etc.)
(aa) “Land Manager” means the public agency legally responsible for the proposed Project Area. 
(bb) “Medical” means a person requested medical aid and was treated by emergency service personnel. 
(cc) “NEPA” means the National Environmental Policy Act pursuant to United States Code Title 42, Section 4371; 40 CFR part 1500.1 et seq.
(dd) “Nonprofit” means an organization having tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code (IRC).
(ee) “OHV” means an off-highway motor vehicle as specified in California Vehicle Code (CVC) Section 38006.
(ff) “OHV Opportunities” means roads, trails, or areas on lands that are open to legal OHV Recreation.
(gg) “OHV Recreation” means the activity of driving or riding motorized vehicles, on lands to which CVC Division 16.5 applies, for leisure purposes including motorized off-highway access to non-motorized recreation activities.
(hh) “On-line Grant Application (OLGA)” means the OHMVR Division's web-based application system.
(ii) “Project” means the activities and Deliverables described in the Project Application to be accomplished with funding through a Project Agreement.
(jj) “Project Agreement” means a contract executed to formally implement a Project. 
(kk) “Project Area” means the physical boundaries within which the activities will be performed and Deliverables will be accomplished as described in the Project Agreement. 
(ll) “Project Description” means the work plan that details the activities to be conducted by the Applicant. 
(mm) “Repair” means to fix, mend, make new, or revitalize to the condition of the habitat that existed prior to authorized or unauthorized OHV use and related damage. 
(nn) “Restoration” means upon closure of the unit or any portion thereof, the return of land to the contours, the plant communities, and the plant covers comparable to those on surrounding lands or at least those which existed prior to OHV use. 
(oo) “Restoration Planning” means identifying appropriate restoration techniques, strategies, and Project implementation, including environmental review associated with the Project. 
(pp) “Viable Species Composition” means that species found in the Project Area have populations with the estimated numbers and distribution of reproductive individuals to enable their continued existence.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5020.1(j), 5024.1, 5090.07, 5090.10, 5090.11, 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code; Sections 38001 and 38006, Vehicle Code; 25 CFR Section 83.5(a); Sections 210.3 and 66010.4, Education Code;  and U. S. IRC Section 501(c)(3).
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Editorial correction of Note (Register 2010, No. 2). 
3. Repealer of subsections (b) and (f), subsection relettering and amendment of newly designated subsections (b), (d), (g), (x), (z) and (bb) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
4. Amendment of subsection (z) filed 1-5-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 1). 
5. New subsection (bb) and subsection relettering filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.02. Program Purpose.
Note     •     History

The purpose of the Grants program is to provide for well managed OHV Recreation by providing financial assistance to eligible agencies and organizations that develop, maintain, operate, expand, support, or contribute to well managed, high-quality, OHV Recreation areas, roads, and trails, and to responsibly maintain the wildlife, soils, and habitat of Project Areas in a manner that will sustain long-term OHV Recreation in accordance with the legislative provisions and intent of the Act commencing at PRC Section 5090.01.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.01-5090.70, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
§4970.03. Determining Applicant Eligibility.
Note     •     History

(a) Eligibility to apply for funding under the OHMVR Grants program requires the Applicant to meet one (1) of the following organizational definitions:
(1) For a city or county: a department or comparable subdivision,
(2) A District,
(3) For the U.S. Forest Service: a Forest or Regional Office, except for law enforcement Projects for which the Applicant is defined as a Patrol District,
(4) For the U.S. Bureau of Land Management: a Field, District, or State Office,
(5) For other Federal Agencies: a Field, District, Regional or State Office, or similar subdivision,
(6) A Federally Recognized Native American Tribe,
(7) An Educational Institution,
(8) A Nonprofit organization,
(9) A State Agency or department, Commission, Conservancy, Board or other comparable subdivision within the government of the State of California.
(b) Applicants are limited to certain Project types. Applications received from entities that do not comply with this requirement will not be considered. See Table 1 for a list of eligible Project types by Applicant.

Table 1 -- Eligible Applicants by Project Types

View Graphic
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (a)(3) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
Article 2. Types of Projects and Specific Application and Content Requirements
§4970.04. Grants Program Cycle.
Note     •     History

(a) Grants shall be awarded on an annual basis provided funding is appropriated by the Legislature. The awarding of a Grant does not guarantee ongoing or future funding in any Project category. 
(b) Prior to the start of each Grants program cycle (Grants Cycle), the OHMVR Commission shall conduct a public meeting to collect public input concerning the Grants program. The OHMVR Commission may provide general guidance to the OHMVR Division prior to the start of each Grants Cycle. See Table 2 for an overview of the Grants Cycle. 

Table 2 -- Grants Cycle

                      Activity	Date

Application materials available
on the Division Website. 	The second Monday in January

Application workshops     	May be held for potential 
	Applicants. Information will be
	posted annually on the Division
	Website.

Preliminary Application filing    	The first Monday in March.
	Applications due no later than
	5:00 pm local time.

Public review and comment period:	The first Tuesday following the
 	first Monday in March through
	the first Monday in April.
(1) The OHMVR Division shall
post preliminary Applications on
the Division Website.

(2) Applicants shall notice the public. 

OHMVR Division final 
Application review 	May 

Application Results Intent to Award
will be posted on the Division
Website.	The first Monday in June

Appeal Period 
Applicants have the right to appeal
the OHMVR Division's Intent
to Award. 	Thirty (30) calendar days from
 	the Intent to Award posting of
 	the notice on the OHMVR 
	Division Website.

                      Activity	Date

OHMVR Division and Grantees
Execute Project Agreements      	Upon resolution of any appeals
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.24(b), 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (b) -- Table 2 filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.05. General Application Requirements.
Note     •     History

(a) The 2008 Grants and Cooperative Agreements Program Regulations -- Appendix (Rev. 1/11) (hereinafter Appendix) and all of its contents and subsequent revisions adopted through the rulemaking process are hereby incorporated by reference. 
(b) Applications shall establish how each proposed Project is directly related to OHV Recreation in the Project Area specified in the Application. Proposed Projects will be screened by the OHMVR Division prior to scoring. Those Applications that do not establish a direct relation to OHV Recreation shall be rejected. 
(c) Subject to the discretion of the OHMVR Division as specified in Section 4970.07.2, any Application determined by the OHMVR Division to be non-compliant with these requirements may be disqualified.
(d) Each Applicant may submit only one (1) Application for each Grants Cycle. The Application may contain multiple Projects. 
(e) Applicants shall undertake a public review process of their Application. 
(1) All preliminary Applications shall be available on the Division Website the day following the preliminary Application deadline for public review and comment. 
(2) Applicant shall notify the public of the opportunity to review and comment on the preliminary Application no later than the first Tuesday following the first Monday in March. The notice shall include instructions for accessing the Division Website for Application review and public comments. Public notification efforts shall include at least one of the following:
(A) Notice mailed and/or emailed to those persons the Applicant determines most likely to have an interest in or be affected by the Application, and to those who have requested notice,
(B) Publication on Applicant's website, 
(C) Publication in local newspaper,
(D) News release,
(E) Public meeting or hearing conducted by the Applicant.
(3) Public comments shall be submitted to the Applicant and the OHMVR Division. 
(4) Public comments shall be submitted no later than the first Monday in April. 
(f) All Applicants shall provide matching funds or the equivalent value of services, or material, in an amount not less than twenty-five percent (25%) of the total Project cost as identified on the Project Cost Estimate (rev. 1/11).
(1) All items of expense applied towards matching funds shall be applicable to the Project and shall be documented the same as any other item of expense. 
(2) The same match expenses shall not be duplicated for multiple Projects. 
(3) Cash value for volunteer time shall be determined using the agency's hourly reimbursement rate for the paid classification that most closely matches the duties performed by the volunteer. Cash value for salaried employee time shall be based on the agency's hourly reimbursement rate for the classification.
(4) Any item of expense that would be eligible as a Project cost is also eligible as a match. 
(g) All Applicants shall provide a Project Cost Estimate for each requested Project. 
(h) All Applicants shall complete an inventory of Equipment for items purchased with OHV Trust Funds within the last five years. 
(i) All Applicants except those applying solely for law enforcement shall complete the Applicant Certifications. 
(j) Additional requirements within the Appendix, incorporated by reference, shall be completed as applicable.
(k) Nonprofit organizations shall provide documentation, in the form of an Internal Revenue Service (IRS) letter of determination or publication on the official IRS website, verifying current IRC, Section 501(c)(3) status. 
(l) Educational Institutions and Nonprofit organizations applying for a Grant involving activities on any public lands shall include written permission from the Land Manager authorizing the Applicant to conduct the proposed Project and a description of how the Project fits with the land management goals of the area.
(1) The written permission must be on Land Manager's letterhead and signed by the authorized representative of the Land Manager.
(2) The written permission shall contain a current signature and date.
(3) The written permission must specifically identify the proposed Project(s) and a description of how the Project(s) fits with the land management goals of the area.
(m) All city, county and District Applicants shall submit a governing body resolution providing approval to apply for grant funding from the OHV Trust Fund.
(n) All Applicants shall comply with the environmental application requirements contained in Section 4970.06.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (a), (e)(2), (e)(4) and (k)-(m) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
3. Amendment of subsections (a) and (f) filed 1-5-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 1). 
4. Amendment of subsection (e)(2), new subsections (e)(2)(A)-(E), amendment of subsection (l) and new subsections (l)(1)-(3) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
Subarticle 1. Environmental Requirements
§4970.06.1. California Environmental Quality Act (CEQA) Requirements.
Note     •     History

(a) The OHMVR Division is required to comply with CEQA before approving each Grant.
(b) When a Project request is for funding both CEQA and/or NEPA requirements and actual Project Deliverables, the Project shall be undertaken and funded in two phases as follows: 
(1) The first phase funds the CEQA and/or NEPA activities, and 
(2) The second phase will fund the deliverables, as approved and conditioned by the outcome of the CEQA and/or NEPA document, once the CEQA and/or NEPA conclusions result in a decision to proceed with the Project Deliverables and the Division gives approval. 
(c) For city, county, District, State Agency, Educational Institution, and Nonprofit organization Applicants only:
(1) All city, county, District, State Agency, Educational Institution and Nonprofit organization Applicants shall provide the required documentation for the OHMVR Division to determine that CEQA compliance has been met for each Project. CEQA compliance shall be determined by submitting one of the following for each Project:
(A) An Environmental Review Data Sheet (ERDS) documenting the Project is phased pursuant to 4970.06.1(b). A subsequent ERDS shall be prepared prior to Division approval of the second Project phase if a Notice of Determination (NOD) has not been filed at that time, or
(B) A Notice of Exemption (NOE) finding that the Project is exempt from CEQA that has been filed for the Project consistent with CEQA Guidelines Section 15062, together with responses to questions required in the ERDS, or
(C) An Initial Study/Negative Declaration (IS/ND) or an Initial Study/Mitigated Negative Declaration (IS/MND) for activities that are not categorically exempt, but fit within the definition of activities that may be covered by a Negative Declaration (ND) under CEQA, together with a copy of the NOD filed for the Project, or
(D) An Environmental Impact Report (EIR) if the proposed activity poses a potentially significant impact as defined in an IS/ND checklist, or meets any of the tests for mandatory findings of significance under CEQA (PRC Section 21083; CEQA Guidelines Section 15065), together with a copy of the NOD filed for the Project, or
(E) Other documentation indicating the requirements of CEQA have been satisfied or the reasons the Applicant believes the Project is categorically exempt or not subject to the CEQA review (CEQA Guidelines Sections 15061(b)(3) or 15378).
(2) Within 45 calendar days of the final Application submission, the OHMVR Division shall review the Application for environmental compliance.
(A) If the OHMVR Division needs to clarify information provided pursuant to 4970.06(c)(1), the OHMVR Division shall submit in writing a request for such information from the Applicant. The OHMVR Division shall request the Applicant provide the additional information in writing to the OHMVR Division within ten (10) calendar days of receipt of the request.
(B) Applicants that do not return the requested additional information within the ten (10) calendar day limit may have their Applications returned without further processing.
(3) Notwithstanding 4970.06.1(b)(1), where the Applicant is not a lead agency and CEQA compliance has not otherwise been met, the Applicant shall provide responses to questions required in the ERDS for each Project, and shall also provide adequate information to the OHMVR Division to make a sufficient Project review to determine the appropriate level of CEQA compliance and any additional environmental documentation required.
(A) Within 45 calendar days of the final Application submission, the OHMVR Division shall review all Projects to determine what additional documentation or information is required for the OHMVR Division to complete the requirements for CEQA, with an assessment of the amount of further CEQA analysis and compliance that may be required. The OHMVR Division cannot commit to completing the added CEQA work needed if the time and resources required exceed the time and resources available to complete the Application selection process. 
(B) If the OHMVR Division determines that it cannot complete the necessary additional CEQA work, it reserves the right to inform the Applicant in writing and return the Application and supporting materials.
(C) If the OHMVR Division determines that additional information is required for the Project to comply with CEQA and that such work may be completed with existing resources and within the timeframe for the Application process, it will request such additional documentation from the Applicant be returned within ten (10) calendar days of the written request.
(1) Applicants who do not return the requested additional information within the ten (10) day time limit may have their Applications returned without further processing.
(2) For those Applications that are accepted for further CEQA compliance, the OHMVR Division shall use its best efforts to cause the CEQA compliance work to be completed. However, the OHMVR Division cannot guarantee the Project will be certified as CEQA compliant. Also, the OHMVR Division reserves the right to cease CEQA compliance work if it determines the Project may not be funded in light of the Project evaluation and scoring process and submission of the Project to the OHMVR Division for review and approval. 
(d) For federal agencies or Federally Recognized Native American Tribe Applicants only:
(1) All federal agencies and Federally Recognized Native American Tribe Applicants shall submit an analysis of the environmental impacts of the proposed Project comparable with the requirements of CEQA. 
(A) This analysis may be in the form of completed Project-related NEPA compliance documentation for each Project or other comparable documentation prepared by the Applicant. If documentation covers a larger project, the Applicant should reference sections of the document that specifically address the proposed Project. In addition, the Applicant shall submit responses to the ERDS for each Project to allow the OHMVR Division to make a sufficient Project review to determine the appropriate level of CEQA compliance and any additional environmental documentation required from the Applicant to conform the Applicant's environmental analysis to CEQA.
(B) If the Applicant is requesting funding for NEPA or other comparable document preparation per Section 4970.06.1(b) prior to implementing the remaining Project Deliverables, the Applicant shall submit an ERDS documenting the Project is phased pursuant to 4970.06.1(b). A subsequent ERDS shall be prepared prior to OHMVR Division approval of the second Project phase if a NOD has not been filed, by the OHMVR Division or other CEQA lead agency, at that time.
(2) Within 45 calendar days of the final Application submission, the OHMVR Division shall review all Projects to determine what additional documentation or information is required for the OHMVR Division to complete the requirements for CEQA, with an assessment of the amount of further CEQA analysis and compliance that may be required. The OHMVR Division cannot commit to completing the added CEQA work needed if the time and resources required exceed the time and resources available to complete the Application selection process. 
(A) If the OHMVR Division determines that it cannot complete the necessary additional CEQA work, it reserves the right to inform the Applicant in writing and return the Application and supporting materials.
(B) If the OHMVR Division determines that additional information is required for the Project to comply with CEQA and such work may be completed with existing resources and within the timeframe for the Application process, it will request such additional documentation from the Applicant be returned within ten (10) calendar days of the written request.
(C) Applicants who do not return the requested additional information within the ten (10) day time limit may have their Applications returned without further processing.
(D) For those Applications that are accepted for further CEQA compliance, the OHMVR Division will use its best efforts to cause the CEQA compliance work to be completed. However, the OHMVR Division cannot guarantee the Project will be certified as CEQA compliant. Also, the OHMVR Division reserves the right to cease CEQA compliance work if it determines the Project may not be funded in light of the Project evaluation and scoring process and submission of the Project to the OHMVR Division for review and approval.
(e) An agency may not rely on mitigation measures as a basis for concluding a Project is categorically exempt.
(f) When an ERDS is required, one ERDS shall be provided for each individual Project, even if more than one (1) Project falls under the same Project type. If an individual Project addresses more than one (1) site, every site under that Project shall be clearly addressed in the ERDS.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.02, 5090.32, 5090.35, 5090.50(d)(4), 5090.53 and 21000 et seq., Public Resources Code; USC Title 42, Section 4371; and 40 CFR part 1500.1 et seq.
HISTORY

1. New subarticle 1 (sections 4970.06.1-4970.09) and section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Editorial correction restoring inadvertently omitted subsection (c)(3)(C)(2) and correcting subsection (d) (Register 2010, No. 2). 
3. New subsection (c)(1)(A), subsection relettering, amendment of newly designated subsections (c)(1)(B)-(C) and (c)(1)(E) and subsections (c)(2)(A), (c)(3)(C)(2) and (d)(1), new subsections (d)(1)(A)-(B) and amendment of subsection (d)(2)(D) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
4. Editorial correction of subsection (d)(1)(B) (Register 2011, No. 51).
5. Amendment of subsections (b)(1)-(2), (d) and (d)(1)(A) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.06.2. Habitat Management Program (HMP).
Note     •     History

(a) In order to qualify for consideration of its Application, all Applicants submitting a proposed Project involving Ground Disturbing Activity shall submit a HMP. 
(b) Applicants shall submit only one HMP for each Application. The HMP shall encompass all Project Areas for every Project with Ground Disturbing Activities for which funding is requested.
(c) Within 45 calendar days of the final Application submission, the OHMVR Division shall review all Applications to ensure that all required HMP components are addressed.
(1) If the OHMVR Division needs to clarify information provided and has determined that such clarification may be completed within the timeframe for the Application process, it shall request such additional documentation from the Applicant be returned within ten (10) calendar days of the written request.
(2) Applicants who do not return the requested additional information within the ten (10) day time limit may have their Applications returned without further processing.
(d) When a HMP implementation is required, the Grantee shall implement the HMP regardless of whether the Grantee received funds specifically for HMP implementation.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.02, 5090.32, 5090.35, 5090.50(d)(4) and 5090.53, Public Resource Code. 
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
§4970.06.3. Soil Conservation.
Note     •     History

(a) The 2008 Soil Conservation Standard and supporting 2008 Soil Conservation Guidelines are by this reference incorporated into and adopted as a part of these Regulations. Definitions governing soil conservation are contained in the Soil Standard and Guidelines. 
(b) In accordance with the Soil Conservation Standard, “Off-highway vehicle (OHV) recreation facilities [receiving grant funding] shall be managed for sustainable long-term prescribed use without generating soil loss that exceeds restorability, and without causing erosion or sedimentation which significantly affects resource values beyond the facilities. Management of OHV facilities shall occur in accordance with PRC, Sections 5090.02, 5090.35, and 5090.53.” 
(c) In order to qualify for consideration of its Application, all Applicants submitting proposed Project(s) involving Ground Disturbing Activity shall submit a Soil Conservation Plan that achieves the Soil Conservation Standard with regard to the proposed Project(s). Applicants shall submit only one Soil Conservation Plan for each Application. The Soil Conservation Plan shall encompass all Project Areas for every Project with Ground Disturbing Activities for which funding is requested.
(d) The Soil Conservation Plan shall reference, adopt, and utilize the methods, considerations, and other suggestions contained in the Soil Guidelines or other comparable methods or considerations that demonstrate how the Soil Conservation Standard is being or will be met in the Project Area.
(e) The Soil Conservation Plan shall include the following components: 
(1) Protocol for assessment and maintenance 
To receive funding all OHV Projects involving Ground Disturbing Activities shall have a protocol for assessment and maintenance which considers: 
(A) Water, wind, and mechanical erosion,
(B) Water and sediment control, 
(C) Tread condition, 
(D) Off-site impacts, and
(E) Watercourse crossings.
(2) Protocol for monitoring 
(A) To receive funding Applicants shall have a protocol for monitoring change detection of features, trails, and facilities which describes: 
1. Objectives,
2. Monitoring parameters,
3. Monitoring site selection,
4. Monitoring schedule,
5. Data collection, including Quality Assurance/Quality Control measures, and
6. Data management.
(B) The plan shall also incorporate one or more of the following:
1. Photography (ground based and/or aerial),
2. Field Control Plots, 
3. Transects, and 
4. Sampling Points.
(3) Monitoring and soil conservation standard compliance report 
(A) The compliance report provides information, gathered using the methodologies outlined in the Applicant's answers to (2) above, that demonstrates the Applicant has sufficient knowledge of the Project Area to plan and implement activities that will result in sustainable practices and compliance with the Soil Conservation Standard. 
(B) The compliance report shall address the following:
1. Historical conditions, 
2. Change analysis, 
3. Findings, 
4. Conclusions, and 
5. A compliance action plan describing activities to be implemented and a schedule of those activities.
a. Upon determination that the Soil Conservation Standard is not being met in any Project Area, the compliance action plan shall describe the steps taken to temporarily close and repair that area or portion thereof funded from the OHV Trust Fund in order to meet the Soil Conservation Standard. 
b. If the OHV Opportunity has not been repaired, the Applicant will explain the reasons therefore and its plan to repair or close the OHV Opportunity, including any current or future request for OHV funding to meet the Soil Conservation Standard.
(4) Development Projects for new facilities
The Soil Conservation documentation for Development Projects resulting in new facilities shall also include the following components:
(A) A Project Description that includes the Project purpose, documentation of the proposed Project design, and proposed construction methods.
(B) A review of the Project's potential effects on local hydrology and adjacent infrastructure.
(f) Within 45 calendar days of the final Application submission, the OHMVR Division shall review all Applications to ensure all required Soil Conservation components are addressed.
(1) If the OHMVR Division needs to clarify information provided and has determined that such clarification may be completed within the timeframe for the Application process, it shall request such additional documentation from the Applicant be returned within ten (10) calendar days of the written request.
(2) Applicants who do not return the requested additional information within the ten (10) day time limit may have their Applications returned without further processing.
(g) When Soil Conservation Plan implementation is required, the Grantee shall implement the Soil Conservation Plan regardless of whether the Grantee received funds specifically for Soil Conservation Plan implementation.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.02, 5090.32, 5090.35, 5090.50(d)(4) and 5090.53, Public Resources Code. 
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
§4970.07. Application Submission.
Note     •     History

(a) Applications shall be submitted via the internet through the OHMVR Division's OLGA. The OHMVR Division will not accept Applications after the published deadlines pursuant to Table 2 in Section 4970.04. 
(1) The OLGA is an interactive database that will guide Applicants through the Application process. OHMVR Division staff will provide additional support for Applicants as needed. 
(2) All Applications shall be submitted via the OLGA. 
(b) All Applicants shall submit preliminary and final Applications by the due date pursuant to Table 2, Section 4970.04. Applicants shall submit a preliminary and final Application to be considered for Grant award. The preliminary Application, shall include for each Project, with the exception of law enforcement Projects, at a minimum:
(1) Project description,
(2) Project Cost Estimate,
(3) Evaluation criteria,
(4) For Nonprofit organizations, verification of 501(c)(3) status pursuant to Section 4970.05(k), and
(5) For Nonprofit organizations and Educational Institutions, a written agreement pursuant to Section 4970.05(l).
(c) Applicants for law enforcement Projects shall submit the following preliminary Application items:
(1) Project Cost Estimate, 
(2) Law Enforcement Needs Assessment, and
(3) Law Enforcement Project Certification.
(d) Preliminary Applications will be reviewed by the OHMVR Division. The OHMVR Division may provide comments to the Applicants, relative to compliance with the Application requirements. Comments submitted by the OHMVR Division to Applicants do not guarantee success within the competitive process and are not a commitment of funding. Additionally, the OHMVR Division, at its sole discretion, may choose to perform a preliminary Application site visit.
(e) All Applicants shall comply with Section 4970.05(d).
(f) Prior to the final Application submittal, Applicants may only modify their Application as a result of OHMVR Division preliminary review and/or public comments. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (a) and (b)(2)-(3), new subsections (b)(4)-(5) and amendment of subsection (d) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
3. Amendment of subsection (d) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.07.1. Application Process -- Question and Answers.
Note     •     History

(a) Questions concerning the Application process and the interpretation of these regulations may be directed to a Grant Administrator. Contact may be by phone, or by email to the OHMVR Division. Refer to Section 4970.26 for contact information.
(b) Responses to these questions will be posted via the Division Website within seven (7) calendar days of submission. The last date for submitting questions to the OHMVR Division is eight (8) calendar days prior to the final Application deadline. 
(c) Applicants shall not rely on answers to questions unless placed on the Division Website, Questions and Answers section, by the OHMVR Division.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
§4970.07.2. Final Application Defects.
Note     •     History

(a) The OHMVR Division may, but has no obligation, to waive or correct Inconsequential Defects in the final Application. 
(b) The OHMVR Division may contact an Applicant in order to clarify Inconsequential Defects submitted in the Application. 
(c) Projects submitted as the incorrect Project type shall be rejected. Applicants unsure of the correct Project type should contact the OHMVR Division for assistance.
(d) If duplicate Projects are submitted, the Project(s) with the lower evaluation criteria score will be rejected.
(e) Applications or Projects not in compliance with applicable statute and/or these regulations will be rejected by the OHMVR Division. 
(f) The OHMVR Division shall review the Application and may, at its sole discretion, decrease the requested amount and eliminate activities based on the following considerations:
(1) Comparable activities from previous OHV grant projects,
(2) Proposed Project activities or cost items not compliant with these regulations,
(3) Comparisons with similar proposed Project activities, and
(4) Generally accepted Equipment purchase/lease costs.
(5) Any element(s) of the Application the OHMVR Division is unable to determine as eligible.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. New subsection (d), subsection relettering, amendment of newly designated subsection (e) and new subsections (f)-(f)(4) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
3. Amendment of subsection (f)(2) and new subsection (f)(5) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.08. Eligible Project Costs.
Note     •     History

(a) Eligible Project costs are the costs directly related to the work identified in the Project Description. Additionally, the Applicant may receive reimbursement up to fifteen percent (15%) of the requested amount for Indirect Costs. 
(b) Examples of eligible costs include but are not limited to: 
(1) For acquisition projects only, preliminary acquisition costs for contract preparation, acquisition appraisal, and negotiation,
(2) Costs for an employee directly engaged in OHV Project implementation, or the first level supervisor of said employee, subject to the following:
(A) Costs shall be computed according to the prevailing wage (for contracted services) or salary scale (for Applicant's staff), and may include benefits (i.e., vacation, sick leave, and social security contribution) that are customarily charged by the Grantee or contractor. Personnel benefit charges shall be calculated in proportion to the actual time worked on an OHV Project. 
(B) Costs charged to an OHV Project shall be computed on actual time worked on the Project and supported by timesheets and attendance records or comparable documentation describing the work performed on the OHV Project. 
(C) Costs for overtime are allowed under the Grantee's established overtime policy. 
(D) Costs for direct Project supervision.
(3) Stipends paid to volunteers according to the Grantee's normal practice or policy, 
(4) Travel expenses and per diem for federal agencies shall not exceed the established federal rates. All non-federal agency Applicants shall not exceed the rates paid to Exempt, Excluded, and Represented State of California employees. The rates are posted at http://www.dpa.ca.gov/personnel-policies/travel/hr-staff.htm.
(5) Costs associated with Equipment acquired with Grantee's funds and used for an OHV Project shall be charged on a use basis in accordance with the Applicant's local fair market rental rates but shall never exceed the Grantee's actual cost. The Grantee may not charge a use fee for vehicles or Equipment purchased with OHV Trust Funds, except for fuel and minor maintenance costs, 
(6) Supplies and materials, including personal safety items, may be purchased for a specific OHV Project or may be drawn from a central stock, provided the items are claimed at a cost no higher than the original purchase price paid by the Grantee,
(7) Construction activities, from site preparation (e.g., demolition, excavation, grading, etc.) through completion of the structure or Facility, 
(8) Relocation costs that result from the displacement of a person and/or business, in accordance with California Government Code Sections 7260-7277 or the agency's applicable law if different from California law,
(9) Grantee insurance premiums for hazard and liability insurance for an OHV Facility,
(10) Transportation costs for moving Equipment, material, and personnel (excluding moving and relocation expenses resulting from changes in assignments),
(11) Preparation and publication of maps, videos, and/or handouts may be included as part of any related Project. Maps, videos and/or handouts that display the OHV trust fund logo shall be reviewed by the OHMVR Division prior to publication,
(12) Rent or lease of facilities or Equipment to complete the Project, provided that the lease shall be fair market value or Grantee's actual cost, whichever is less and shall be proportionate to the area of the facility used for the Project. Utilities to operate these facilities are eligible provided the utilities are documented separately from any rent or lease costs,
(13) Equipment:
(A) Equipment purchase or repair shall be requested as part of the Application for a specific Project. 
(B) Equipment repair shall be due to normal wear and tear and may include major mechanical overhaul or replacement of parts if it is shown by a financial analysis in the Application that repair is more cost effective than the purchase of a new piece of Equipment.
(C) Equipment shall be used for OHV related purposes unless the Applicant is funding the portion of the purchase price not dedicated to OHV purposes, and
(D) For Nonprofit Applicants, the maximum grant request for Equipment purchase shall not exceed $15,000 per item and the cumulative Equipment purchase total shall not exceed $30,000 per Applicant.
(14) Costs associated with site-specific Project planning such as design, permitting, or CEQA or NEPA analysis.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (a), (b)(11) and (b)(12)(C) and new subsection (b)(12)(D) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
3. Amendment of subsections (a) and (b)(1)-(2), new subsection (b)(4) and subsection renumbering filed 1-5-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 1). 
4. Amendment of subsection (b)(11) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.09. Ineligible Project Costs.
Note     •     History

(a) Costs not associated with the Project Description are not eligible for reimbursement.
(b) Examples of ineligible Project costs include but are not limited to:
(1) Expenditures outside the Project performance period as specified in the Project Agreement,
(2) Work or services performed outside of the Project Description in the Project Agreement,
(3) Any interest expense, discount not taken, deficit or overdraft, or bonus payment,
(4) Charges for a contingency reserve or other similar reserve,
(5) A damage judgment against the Grantee, 
(6) Workers' compensation claims,
(7) Travel claims not related to the Project,
(8) Employee relocation (moving expenses resulting from duty station or assignment change),
(9) Charges incurred contrary to the policies and practices of the Grantee,
(10) Any Project cost more appropriately funded by other Division programs or reimbursed by any other funding source,
(11) Awards, trophies, or plaques,
(12) Replacement or repair of Equipment not properly secured or maintained, 
(13) Use fee for Equipment purchased with moneys from the OHV Trust Fund and,
(14) Restoration Project funds shall not be used for the Development or maintenance of trails for motorized use.
(c) If costs are in question, the Applicant should seek clarification from the OHMVR Division. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (b)(10) filed 1-5-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 1). 
Article 2. Types of Projects and Specific Application Requirements
§4970.10. Operation and Maintenance (O&M).
Note     •     History

(a) Purpose
Operation and maintenance of Facilities; Conservation; Development; planning; or acquisition associated with the use of OHVs for Recreation or motorized access to non-motorized recreation. 
(b) Available Funding
Fifty percent (50%) of the funds appropriated by the Legislature for the Grants program shall be expended for Projects within the O&M category. 
(c) The minimum and maximum funding requests are as follows: 
(1) The minimum Project request is $10,000, 
(2) The maximum amount requested per Project type is $1,000,000, and
(3) The maximum Applicant request in this category is $1,500,000. 
(d) Projects that affect lands identified as inventoried roadless areas by the U.S. Forest Service shall certify that the Project complies with PRC Section 5090.50(b)(1)(C).
(e) Project Types
The O&M category is divided into the following four sub-categories:
(1) Ground Operations,
(2) Development,
(3) Planning, and
(4) Acquisition. 
(f) Eligible Applicants 
Applicants may apply for Project types as shown in Table 3:

Table 3 -- Eligible Applicant by Project Type

View Graphic
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code.
HISTORY

1. New article 2 (sections 4970.10-4970.13) and section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (d) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
§4970.10.1. Ground Operations (GO).
Note     •     History

(a) Purpose
Maintenance and/or Conservation of Facilities; compliance with soil standards and HMP; and protection of natural and/or Cultural Resources. 
(b) Available Funding
From the O&M category, at least seventy percent (70%) of the funds will be available for GO Projects.
(c) Examples of Deliverables
GO Deliverables include, but are not limited to the following:
(1) Maintenance of OHV Opportunity including necessary rerouting of roads and trails to address operational concerns,
(2) Facility servicing, including, but not limited to painting, cleaning restrooms, re-roofing, repairing of electrical systems, and maintaining kiosks,
(3) Regulatory and directional/trail signs,
(4) Repaving existing parking lots,
(5) Implementation of best management practices including erosion and/or sediment control measures and stream crossing improvements,
(6) HMP implementation including monitoring the effectiveness of prior and ongoing Conservation activities, and
(7) Soil Conservation Plan implementation.
(d) Project-Specific Application Requirements
In addition to the common requirements listed in Section 4970.05, Applications for GO Projects shall include:
(1) Project Description
The Project Description shall provide sufficient clarity such that those not familiar with the Applicant or Project can understand what the Applicant intends to do. The Project Description shall include: 
(A) A statement of the GO activity the Applicant proposes to undertake such as scraping, grading, planting; erosion control; irrigation system installation and maintenance or other follow-up,
(B) How the proposed Project relates to OHV Recreation and will add to, enhance, or otherwise sustain OHV Recreation or OHV Opportunity in the Project Area, 
(C) The size of the specific Project Area(s) in acres and/or miles, and
(D) The locations and descriptions of existing OHV Opportunities in and around the Project Area.
(2) Necessary rerouting of roads and trails to address operational concerns requires submission of a Project timeline, conceptual drawings and site plans. See Section 4970.10.2(d)(2) for instructions. 
(3) Project-Specific Maps
Project-specific maps shall include:
A map(s) showing the location of trails and other Facilities along with related OHV Opportunities, or other lands being served by the facilities.
(e) Optional Project-Specific Application Documents
If Applicants deem it helpful to support their specific Project Application, they may submit up to two (2) pages of Project-specific photos. 
(f) Evaluation Criteria 
See Appendix, incorporated by reference, for GO evaluation criteria. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (d)(1)(C) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
3. Amendment of subsection (d)(1) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.10.2. Development.
Note     •     History

(a) Purpose
Construction of, or improvements to, Facilities to sustain or enhance OHV recreational opportunity and experiences. 
(b) Available Funding
From the O&M category, up to ten percent (10%) of the funds will be available for Development Projects.
(c) Examples of Deliverables
Development Deliverables include, but are not limited to the following:
(1) Trail and trailhead/staging area construction, 
(2) Access road and parking lot construction,
(3) Picnic, restrooms, kiosks, and camping facilities construction,
(4) Infrastructure for OHV related Facilities such as electricity, water, sewage treatment,
(5) Conservation practices with regard to environmental protection, and
(6) Discretionary rerouting of roads or trails.
(d) Project-Specific Application Requirements
In addition to the common requirements listed in Section 4970.05, Applications for Development Projects shall include:
(1) Project Description
The Project Description shall provide sufficient clarity such that those not familiar with the Applicant or Project can understand what the Applicant intends to do. The Project Description shall include: 
(A) A statement of the Development activity the Applicant proposes to undertake such as trail building, erosion control, construction, irrigation system installation, and maintenance or other follow-up,
(B) How the proposed Project relates to OHV Recreation and will add to, enhance, or otherwise sustain OHV Recreation or OHV Opportunity in the Project Area, 
(C) The size of the proposed development, 
(D) The timeline for Project completion, and
(E) The location(s) of existing OHV Opportunities in and around the Development and how the Project will affect or relate to those opportunities. 
(2) Conceptual Drawings and Site Plans 
Provide conceptual drawings of the site depicting proposed improvements and the location of those improvements. If the Project includes construction of a building, indicate floor plans and square footage. 
(3) Land Tenure Certification
Local agencies shall certify to the OHMVR Division that they have adequate tenure to, and site control of, the properties to be improved. Tenure includes:
(A) Ownership, 
(B) Lease,
(C) Easement, and
(D) Joint powers (or similar agreement).
(4) Project-Specific Maps
Project-specific maps shall include:
A map(s) containing enough detail to provide someone unfamiliar with the area the ability to locate the site. Map(s) shall show existing Facilities and proposed Facilities as part of this Project or other existing plans.
(e) Optional Project-Specific Application Documents
If Applicants deem it helpful to support their specific Project Application, they may submit up to two (2) pages of Project-specific photos. 
(f) Evaluation Criteria 
See Appendix, incorporated by reference, for Development evaluation criteria. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (d)(1) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.10.3. Planning.
Note     •     History

(a) Purpose
Development and preparation of plans for future Projects which propose organization, Development, operation, Conservation and/or maintenance to sustain long-term OHV Recreational use. 
(b) Available Funding
From the O&M category, up to ten percent (10%) of the funds will be available for planning Projects.
(c) Examples of Deliverables
Planning Deliverables include, but are not limited to the following:
(1) Identifying trails or other Facilities for OHV Recreation, including inventories and mapping of roads, trails, and areas,
(2) Developing a plan to protect and conserve soils, water, plants, animals, and/or Cultural or other natural resources affected by OHV Recreation, and 
(3) Preparing an OHV component of a recreation management plan, OHV plan, or the OHV portion of a general plan.
(d) Project-Specific Application Requirements
In addition to the common requirements listed in Section 4970.05, Applications for planning Projects shall include a Project Description. The Project Description shall provide sufficient clarity such that those not familiar with the Applicant or Project can understand what the Applicant intends to do. The Project Description shall include: 
(1) A statement of the planning objective(s), 
(2) How the proposed Project relates to OHV Recreation and will add to, enhance, or otherwise sustain OHV Recreation or OHV Opportunity in the Project Area, 
(3) A statement of the activity(ies) the Applicant proposes to undertake, 
(4) A list of all reports, interim or final, or other documents to be produced, and
(5) A timeline for completion of all planning activities.
(e) Optional Project-Specific Application Documents
If Applicants deem it helpful to support their specific Project Application, the following documents may be submitted: 
(1) Project-specific photos -- up to two (2) pages, and/or 
(2) Project-specific map(s).
(f) Evaluation Criteria 
See Appendix, incorporated by reference, for planning evaluation criteria. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (c)(2)-(3) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
3. Amendment of subsection (d) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.10.4. Acquisition.
Note     •     History

(a) Purpose
Secure interests in land to sustain and/or expand OHV Recreation access and OHV Opportunities. 
(b) Available Funding
From the O&M category, up to ten percent (10%) of the funds will be available for acquisition Projects.
(c) Examples of Deliverables
Acquisition Deliverables include, but are not limited to the following:
(1) Purchase of right-of-way or easement,
(2) Lease of twenty-five (25) years or more,
(3) Purchase of land in fee title,
(4) Purchase of an option, and
(5) Rights to use real property, such as permits or licenses.
(d) Project-Specific Application Requirements
In addition to the common requirements listed in Section 4970.05, Applications for acquisition Projects shall include:
(1) Project Description
The Project Description shall provide sufficient clarity such that those not familiar with the Applicant or Project can understand what the Applicant intends to do. The Project Description shall include: 
(A) A statement of the procurement activity the Applicant proposes to undertake,
(B) How the proposed Project relates to OHV Recreation and will add to, enhance, or otherwise sustain OHV Recreation or OHV Opportunity in the Project Area,
(C) Identification of the needs the Project will address,
(D) Location of the land to be acquired, 
(E) The total acreage to be acquired, 
(F) The easements affecting the property,
(G) The number of parcels,
(H) The location(s) of existing OHV Opportunities in and around the acquisition property and how the Project will affect or relate to that existing OHV Recreation,
(I) The total estimated cost of land to be acquired. The estimate shall be based on an appraisal by a certified appraiser to substantiate the value of the property, and
(J) The status of Due Diligence.
(2) Acquisition Plan 
The plan shall describe the process for accomplishing the acquisition Project. An acquisition plan shall include the following:
(A) Acquisition timeline, which shows the steps and timeline for completing the Project, including the preparation and delivery of any reports to be prepared with the funds as a Deliverable,
(B) Discussion of the Applicant's ability to accomplish the acquisition Project. The Applicant shall demonstrate the ability to complete the acquisition within the proposed Applicant's timeline, and
(C) The Due Diligence undertaken, or to be undertaken, to determine the property is usable for its intended purpose (e.g., preliminary title report and underlying documents under Schedule B, zoning information, Phase 1 Environmental Site Assessment, biotic assessment).
(3) Project-Specific Maps
Project-specific maps shall include:
(A) A map(s) identifying the specific roads, trails, areas, and/or related Facilities to be acquired under the Project. The map(s) shall contain enough detail to provide someone unfamiliar with the area the ability to locate the site, and 
(B) Assessors parcel maps, including Assessor Parcel Number (APN), of each parcel to be purchased.
(e) Warranty for OHV use:
(1) The Applicant shall warrant that the acquired property will be used for OHV Recreation,
(2) With the exception of federal agencies, the Applicant shall cause to be inserted in the acquisition deed or other recorded transfer of title document a condition that the property shall be used for OHV Recreation purposes as defined in these Regulations and that the State of California is granted Power of Termination pursuant to California Civil Code Section 885.010 et seq. providing that, in the event the property is not used for OHV Recreation, title to the property shall be transferred to the State of California. Federal agencies shall agree to use the property for OHV Recreation purposes for a minimum of 25 years; if the property is not used for the purpose of OHV Recreation for 25 years, title of the property shall transfer to the State.
(3) Funds awarded for acquisition shall only be released into an escrow account established for the acquisition. Applicant shall submit all acquisition documentation, including the escrow instructions, to the OHMVR Division for review. OHMVR Division shall have no obligation to release grant funds unless the acquisition transaction conforms to these Regulations.
(f) Optional Project-Specific Application Documents
If Applicants deem it helpful to support their specific Project Application, they may submit up to two (2) pages of Project-specific photos. 
(g) Evaluation Criteria 
See Appendix, incorporated by reference, for acquisition evaluation criteria. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (d)(2)(C) and (d)(3)(B), new subsections (e)-(e)(3) and subsection relettering filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
3. Amendment of subsections (d)(1) and (e)(2) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.11. Restoration.
Note     •     History

(a) Purpose
(1) To provide Ecological Restoration or Repair to habitat damaged by authorized or unauthorized OHV use. 
(2) The goal of the Restoration Program is to aid the return of natural resource systems to their natural state when: 
(A) Unauthorized motor vehicle use has damaged an area off limits to OHV Recreation; 
(B) It is determined that areas shall be closed because soil or HMP standards cannot be achieved while sustaining OHV use; 
(C) Areas formerly used by motor vehicles for OHV Recreation have not been designated and authorized for OHV use or; 
(D) Natural resource systems in areas affected by ongoing OHV Recreation require restoration to sustain viable plant and wildlife species populations or other systems such as watersheds.
(3) Restoration Projects also include scientific and cultural studies regarding OHV impacts and Restoration Planning efforts. 
(b) Available Funding
Twenty-five percent (25%) of the funds appropriated by the Legislature for the Grants program shall be expended for Projects within the Restoration category.
(c) The minimum and maximum funding requests are as follows: 
(1) The minimum Project request shall be no less than $10,000, and
(2) No maximum request amount within the Restoration category. 
(d) Eligible Applicants 
Refer to Table 1 in Section 4970.03(b). 
(e) Examples of Deliverables
Restoration Deliverables include, but are not limited to the following:
(1) Restoring a closed trail including stabilizing land contours and revegetation,
(2) Removal of roads or trails and the Restoration of damaged habitats in areas not designated for motorized vehicle use,
(3) The removal of closed roads or trails, or a portion of a closed road or trail, that will help to prevent OHV access to closed areas,
(4) Restoration Projects that generally improve and restore the function of natural resource systems damaged by recreational motorized activities,
(5) Protection of restored areas through the placement of physical barriers, patrols, and vertical mulching, 
(6) Scientific study not otherwise required by state or federal laws that addresses the impact of OHV Recreation on natural and Cultural Resources,
(7) Mitigation measures required by CEQA or NEPA for the Restoration Project, and
(8) Site specific Project planning such as a Restoration design or an initial study.
(f) Project-Specific Application Requirements
In addition to the common requirements listed in Section 4970.05, Applications for Restoration Projects shall include:
(1) A Project Description
The Project Description shall provide sufficient clarity such that those not familiar with the Applicant or Project can understand what the Applicant intends to do. The Project Description shall include: 
(A) Restoration activity(ies) the Applicant proposes to undertake such as grading, planting, and vertical mulching, 
(B) How the proposed Project relates to OHV Recreation and how OHV Recreation casued the damage, 
(C) The size of the specific Project Area(s) in acres and/or miles,
(D) Except for scientific and cultural studies or planning Projects, the monitoring that will be implemented, including the methodology that will be used to determine the successful outcome of the Restoration Project,
(E) If the Project involves planning for Restoration, a list of all reports, interim or final, or other documents to be produced, and 
(F) Restoration Projects involving scientific and cultural studies shall include in the description: 
(i) Goals, objectives, and methodologies to be employed, and
(ii) Peer reviews conducted by at least three (3) qualified experts from the scientific discipline or field related to the proposed Project.
(G) Except for scientific and cultural studies or planning Projects, a plan to insure the restored area will be protected. This may include law enforcement patrols to prevent intrusion into the Project Area, signs, barriers, or other proactive measures to prevent damage to restored lands. 
(H) Except for scientific and cultural studies or planning Projects, erosion control efforts that will be utilized to prevent erosion or sedimentation that significantly affects resource values beyond the Project Area.
(2) Project-Specific Maps
Project-specific maps shall include:
A map(s) containing enough detail to provide someone unfamiliar with the area the ability to locate the site(s). The map(s) shall contain the Global Positioning System (GPS) coordinates for the project site(s).
(3) Project-Specific Photos 
Project-specific photos shall include:
“Before” photos of the site(s) to be restored. Photos are limited to five (5) pages. “After” photos are required Deliverables for Restoration Projects which include on-the-ground work.
(g) Evaluation Criteria 
See Appendix, incorporated by reference, for Restoration evaluation criteria. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32 and 5090.50, Public Resource Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (f)(1)(B)-(C) and (f)(2) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
3. Amendment of subsection (f)(1) and new subsection (f)(1)(H) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.12. Law Enforcement.
Note     •     History

(a) Purpose
Law enforcement Projects provide financial assistance to local and federal agencies for protection of life and property, including natural and Cultural Resources, related to OHV Recreation and motorized access to non-motorized recreation. 
(b) Available Funding and Eligible Applicants
Twenty percent (20%) of the funds appropriated by the Legislature for the Grants program shall be expended for law enforcement Projects. These funds shall be allocated as follows:
(1) Forty percent (40%) for local law enforcement Applicants,
(2) Thirty percent (30%) for the U.S. Bureau of Land Management Applicants, and 
(3) Thirty percent (30%) for the Patrol Districts of the U.S. Forest Service. 
(c) Law Enforcement Projects have a minimum request amount of $10,000. The maximum request amount is $600,000 per Applicant within the law enforcement category.
(d) Eligible Project Costs
Eligible Project costs include, but are not limited to the following:
(1) Law enforcement patrol, including aircraft support, 
(2) OHV training,
(3) Purchase of Equipment for OHV law enforcement, and
(4) Purchase and installation of signs (e.g. regulatory, educational), placement of barriers, and other means of traffic control.
(e) Project-Specific Application Requirements
In addition to the common requirements listed in Section 4970.05, Applicants for law enforcement Projects shall complete the following:
(1) Law Enforcement Needs Assessment, and 
(2) Law Enforcement Project Certification. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
§4970.13. Education and Safety.
Note     •     History

(a) Purpose
Provide public awareness for responsible OHV Recreation and/or provide safety programs. 
(b) Available Funding
Five percent (5%) of the funds appropriated by the Legislature for the Grants program shall be expended for Projects within the Education and safety category. 
(c) The minimum and maximum funding requests are as follows:
(1) The minimum Project request shall be no less than $10,000, and
(2) The maximum request per Applicant is $200,000 within the Education and safety category. 
(d) Eligible Applicants
Refer to Table 1 in Section 4970.03(b).
(e) Examples of Deliverables
(1) Education program Deliverables may include, but are not limited to the following:
(A) Classroom or field training,
(B) Maps and brochures,
(C) Internet website, trail and interpretive signage, and
(D) Voluntary sound testing station.
(2) Safety program Deliverables may include, but are not limited to the following:
(A) Search and rescue, 
(B) Safety equipment loan program, and 
(C) First aid stations.
(f) Project-Specific Application Requirements
In addition to the common requirements listed in Section 4970.05, Applications for Education and safety Projects shall include a Project Description. The Project Description shall provide sufficient clarity such that those not familiar with the Applicant or Project can understand what the Applicant intends to do. The description shall include: 
(1) A statement of the activity or product the Applicant proposes to create or undertake, including the primary message of Education projects,
(2) How the proposed Project relates to OHV Recreation and will add to, enhance, or otherwise sustain OHV Recreation or OHV Opportunity in the Project Area, 
(3) Identification of the needs the Project will address,
(4) Location where training/services will be conducted, and 
(5) If the proposed Project contains an Education element, a description of how the Project teaches OHV safety, environmental responsibility, and respect for private property.
(g) Optional Project-Specific Application Documents
If Applicants deem it helpful to support their specific Project Application, the following documents may be submitted: 
(1) Project-specific photos -- up to two (2) pages, and/or 
(2) Project-specific maps.
(h) Evaluation Criteria 
See Appendix, incorporated by reference, for Education and safety evaluation criteria. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (e)(1), (e)(2) and (f)(1) filed 1-5-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 1). 
3. Amendment of subsection (f) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
Article 3. Application Evaluation System and Funding
§4970.14. Evaluation Criteria.
Note     •     History

Each Application, other than those solely for law enforcement and/or Education and safety, shall answer general criteria found in the Appendix, incorporated by reference. In addition, all Project types, except law enforcement, shall have Project-specific criteria. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New article 3 (sections 4970.14-4970.18) and section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
§4970.14.1. General Criteria.
Note     •     History

(a) If general criteria are required as part of the Application, only one (1) set shall be completed. General criteria measure the quality of the Land Manager's overall OHV program. The Applicants shall answer these questions with respect to the entirety of the OHV operation, including all trails and areas available for OHV Recreation, not just specific Projects or Project Areas. 
(b) General criteria includes but are not limited to the following:
(1) OHV Opportunity and services provided,
(2) Agency contribution to the overall cost of managing and delivering the OHV Opportunity,
(3) Management of natural and Cultural Resources,
(4) Effective education of rules/regulations, and
(5) Past performance in completing and administering Grant funded Projects.
(c) Non-land manager Applicants required to complete the general criteria shall cooperate with the Land Manager(s) to obtain the information necessary to complete the general criteria section of the Application. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (b)(1) and (c) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
§4970.14.2. Project-Specific Criteria.
Note     •     History

Applicants shall complete Project-specific criteria for each Project, except law enforcement Projects, contained within the Application. Each Project within the Application will be given a score based on the specific benefits of the individual Project. The responses in the Project-specific criteria section of the Application shall be specific to the particular Project proposed for funding.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
§4970.14.3. Factual Documentation.
Note     •     History

(a) The responses shall be based on and reference factual conditions or statistics documented by information contained in documents officially published, maintained, and/or used in the ordinary course of the Applicant's operations. Published, for purposes of this requirement, means issued in report or other form officially prepared, maintained, and/or used in the ordinary course of the Applicants' administration of its programs. Examples of factual documentation include, without limitation, management reports, general or management plans, environmental documents, visitor counts, or other documentation the Applicant has officially adopted for use in its operations. 
(b) Members of the evaluation panel may investigate referenced documents or other documents on file at the OHMVR Division to check the accuracy of the information provided. If the evaluation panel concludes the information provided is incorrect or the conclusions stated are not supported, the panel shall use its discretion to clarify the response, reduce the points accordingly, or reject the Project Application. If points are reduced or the Application is rejected, the panel will cite the documents used to support its actions. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (a) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
§4970.15. Funding Distribution.
Note     •     History

Funds appropriated by the Legislature for the Grants program are identified in PRC 5090.50 as the following percentages: 
(a) Fifty percent (50%) for O&M, 
(b) Twenty-five percent (25%) for Restoration, 
(c) Twenty percent (20%) for Law Enforcement, and
(d) Five percent (5%) for Education and Safety. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
§4970.15.1. Operation and Maintenance (O&M).
Note     •     History

(a) Within the O&M category, the funds shall be distributed as follows, except as provided in Sections 4970.15.1(c): 
(1) At least seventy percent (70%) for GO,
(2) Up to ten percent (10%) for Development, 
(3) Up to ten percent (10%) for planning, and
(4) Up to ten percent (10%) for acquisition.
(b) A panel of not less than three (3) individuals shall score each Application deemed compliant with these regulations. The panel shall use the Applicant's responses to general criteria and Project-specific criteria to determine a Project score. The steps for determining the final score are as follows (see Table 4 for an example):
(1) Calculate the sum of the points received on the general criteria and the points received on the Project-specific criteria. Divide that number by the sum of the total possible points for the general criteria and the total possible points for the Project specific criteria, and
(2) Convert the result of the calculation to a percentage which is the final score.

Table 4 -- Example of Score Calculation for GO Projects

Final Score = Actual Score/ Possible Score

	General Criteria	90 of 115

	Project-specific Criteria	52 of 59 

	(90 + 52) / (115 + 59) = 0.8161

	0.8161 x 100 = 81.61% = Final Score
(c) Eligible Projects shall be ranked by score. Projects shall be funded in order of score from highest to lowest until available funds are exhausted, taking into account the Project type funding restrictions in Section 4970.15.1(a). If there are not sufficient GO Project funding requests to consume 70% of the available O&M funding category, the other O&M sub-category Projects shall receive funding in order of score.
(d) In the event Projects have the same score, Projects will be funded in the order of request amount starting with the smallest request amount. If more than one Project has the same request amount, the OHMVR Division will utilize a “random selection” method to break ties and determine which Project will receive funding. 
(e) Projects at the funding cut-off line may require modifications to the Project Description and Project Cost Estimate to reflect reduced available funding. The modification shall be completed prior to the OHMVR Division preparing and executing the Project Agreement. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (a) and (b)(2) (Table 4) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
3. Amendment of subsection (b)(2) -- Table 4 filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.15.2. Restoration.
Note     •     History

(a) A panel of not less than three (3) individuals shall score Applications deemed compliant with these regulations. The panel shall use the Applicant's responses to general criteria and Project-specific criteria to determine a Project score. The steps for determining the final score are as follows (see Table 5 for an example):
(1) Calculate the sum of the points received on the general criteria and the points received on the Project-specific criteria. Divide that number by the sum of the total possible points for the general criteria and the total possible points for the Project specific criteria, and 
(2) Convert the result of the calculation to a percentage which is the final score.

Table 5 -- Example of Score Calculation for Restoration Projects

Final Score = Actual Score/ Possible Score

	General Criteria	90 of 115

	Project-specific Criteria	78 of 83 

	(90 + 78) / (115 + 83) = 0.8485

	0.8485 x 100 = 84.85% = Final Score
(b) Eligible Projects shall be ranked by score. Projects shall be funded in order of score from highest to lowest until available funds are exhausted. 
(c) In the event Projects have the same score, Projects will be funded in the order of request amount starting with the smallest request amount. If more than one Project has the same request amount, the OHMVR Division will utilize a “random selection” method to break ties and determine which Project will receive funding. 
(d) Projects at the funding cut-off line may require modifications to the Project Description and Project Cost Estimate to reflect reduced available funding. The modification shall be completed prior to the OHMVR Division preparing and executing the Project Agreement.
(e) The OHMVR Division will consult with staff from the Wildlife Conservation Board during the evaluation and scoring process.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (a)(2) (Table 5) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
3. Amendment of subsection (a)(2) -- Table 5 filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.15.3. Law Enforcement.
Note     •     History

(a) Law enforcement Grants funding shall be distributed in the following entity categories: 
(1) Forty percent (40%) for local law enforcement,
(2) Thirty percent (30%) for U.S. Bureau of Land Management, and
(3) Thirty percent (30%) for Patrol Districts of the U.S. Forest Service.
(b) Law enforcement Projects are awarded on a non-competitive basis. The relative need of an Applicant is established by the Project request amount identified on the Project Cost Estimate and the Applicant's responses to the Law Enforcement Needs Assessment. The OHMVR Division shall review the Project request amounts and may, at its sole discretion, increase or decrease the requested amount based on the following conditions:
(1) Failure to follow program regulations,
(2) The Applicant has remaining funds from previous OHV law enforcement Grants,
(3) Comparisons with similar jurisdictions,
(4) Law Enforcement Needs Assessment, and
(5) Applicant's historical law enforcement Grant request amounts.
(c) All compliant law enforcement Applicants will receive base funding in the amount of $10,000 per Application. The remaining funds in each entity category will be distributed on a proportional basis. The proportional funding is determined by dividing the total funding available within the entity category (less base funding) by the total request amounts within each entity category (less base funding). The resulting percentage is applied to the individual Project request amounts (less base funding) to determine the additional award amount. The total of the base award and additional award, if applicable, is the final Project award amount.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (c) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
§4970.15.4. Education and Safety.
Note     •     History

(a) A panel of not less than three (3) individuals shall score each Application deemed compliant with these regulations. The panel shall use the Applicant's responses to the Project-specific criteria to determine a Project score. 
(b) Eligible Projects shall be ranked by score. Projects shall be funded in order of score from highest to lowest until available funds are exhausted. 
(c) In the event Projects have the same score, Projects will be funded in the order of request amount starting with the smallest request amount. If more than one Project has the same request amount, the OHMVR Division will utilize a “random selection” method to break ties and determine which Project will receive funding.
(d) Projects at the funding cut-off line may require modifications to the Project Description and Project Cost Estimate to reflect reduced available funding. The modification shall be completed prior to the OHMVR Division preparing and executing the Project Agreement.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
§4970.16. Notice of Intent to Award.
Note     •     History

Upon completion of the evaluation and scoring process, the OHMVR Division shall post a notice of Intent to Award on the Division Website pursuant to Table 2 in Section 4970.04. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
§4970.17. Appeal Process.
Note     •     History

(a) Applicants have the right to appeal the Intent to Award. The grounds for appeal are limited to the following:
(1) The OHMVR Division failed to follow these regulations, and/or
(2) The OHMVR Division lacked sufficient evidence to support or deny the award of a Grant(s).
(b) The steps for submitting an appeal are outlined in Table 6. 
(c) Applicants may not seek legal remedies through the courts until this appeal process has been completed.
(d) The receipt of an appeal by the OHMVR Division may delay the execution of Project Agreements within all project categories until the appeal is resolved.

Table 6 -- Appeal Process

Action	Timeframe

An Applicant may file an appeal        	Within thirty (30) calendar
of the Intent to Award by submitting   	days from the posting of the 
a detailed narrative that clearly          	Intent to Award on the
articulates the reason(s) for the           	OHMVR Division Web site.
appeal including referencing the 
applicable statute and/or regulation 
section(s), and other documentation 
that supports the appeal and how the 
Intent to Award should be modified. 

The appeal shall be submitted to the 
OHMVR Division Deputy Director  
by email to ohvinfo@parks.ca.gov. 

The OHMVR Division Deputy       	Within sixty (60) calendar days
Director shall respond to the        	following the filing of an appeal.
Applicant in writing with a decision 
to uphold or deny the appeal.

The Applicant may file a second      	Within seven (7) calendar days appeal by submitting a detailed      	of  receipt of written  
narrative that articulates the reason	notification denying the appeal.
for the appeal and addresses the 
reason(s) why the OHMVR Division 
Deputy Director's denial shall be 
vacated. No new documentation or 
issues may be introduced during 
this second appeal.

The appeal shall be sent to the 
Director of the Department of Parks 
and Recreation by email to 
ohvinfo@parks.ca.gov. 

The Director of the Department of	Within thirty (30) calendar days
Parks and Recreation shall respond	following the filing of a second to the Applicant in writing with a 	appeal.
decision to uphold or deny the appeal.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50(i), Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. New subsection (d) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
§4970.18. Award of Grants.
Note     •     History

Upon approval by the Director of the Department of Parks and Recreation, the OHMVR Division shall prepare and execute Grant Agreements. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50(j), Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
Article 4. Project Administration Procedures
§4970.19. Project Agreement.
Note     •     History

(a) Upon approval of Projects by the Director of the Department of Parks and Recreation, the OHMVR Division shall prepare and execute the Project Agreement with the Grantee. The Project Agreement sets forth the terms and conditions of the Project. With consent of the OHMVR Division and the Grantee, Project Agreements may be amended as necessary, to comply with law.
(b) The Grantee may not submit claims for reimbursement or for advance payments until a fully executed Project Agreement is on file.
(c) Project Agreements may not be executed for Grantees that have refunds due to the State from previous Grant Project(s). 
(d) Project Agreements will not be executed for Grantees that are delinquent in closing out previous Projects pursuant to Section 4970.24.
(e) With consent of the OHMVR Division and the Grantee, the Project Agreement may be executed using electronic signatures permissible under the Uniform Electronic Transactions Act (Civil Code section 1633.1, et seq.).
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New article 4 (sections 4970.19-4970.24 and subarticle 1, sections 4970.25.1-4970.25.3) and section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (a) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
3. Amendment filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.19.1. Project Performance Period.
Note     •     History

(a) The Project performance period is the time between the start date and the end date in which the work under the Project Agreement shall be completed. The Grantee shall not charge expenditures prior to the start date or subsequent to the end date. The start date shall be no later than January 1 of the year following the year of the Intent to Award posting, except for Projects identified as needing additional documentation or information to complete CEQA requirements.
(b) The Project performance period shall be as follows:
(1) Three (3) years for acquisition, Development, planning, and Restoration Projects, and
(2) One (1) year for GO, law enforcement, and Education and safety Projects. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (a) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.19.2. Project Amendments.
Note     •     History

An amendment is required if a modification to the Project Description or extension of the Project performance period (time extension) is needed to accomplish the intent of the original Project Agreement. Time extensions for programmatic Project Agreements (e.g., GO, law enforcement, and Education and safety) may be denied. Requests may be approved when circumstances exist beyond the Grantee's control that would otherwise result in the Project not being completed.
(a) Modifications to the Project Description may include but are not limited to:
(1) Different techniques are employed to achieve the original outcome, and
(2) Acquisition of a different type of equipment.
(b) Reasons for time extensions may include but are not limited to:
(1) Fires,
(2) Earthquakes, and
(3) Floods. 
(c) Grantees requesting a Project amendment shall submit to the OHMVR Division in writing the following:
(1) An explanation of the reasons/circumstances that justify the change,
(2) A description of the potential implications if the amendment is not approved,
(3) A progress/status report of the Project to date, and
(4) If the Amendment requires an extension of the Project performance period, specification of the length of additional time required to complete the Project.
(d) A written request shall be submitted to the OHMVR Division at least thirty (30) calendar days prior to the end date specified in the Project Agreement. 
(e) Unspent funds that remain at the end of the Project performance period are not in themselves sufficient justification for time extensions.
(f) The OHMVR Division shall review the requested amendment and make a determination for approval/disapproval. If the amendment is disapproved, the OHMVR Division will provide written notification to the Grantee with an explanation why the request was denied. If the amendment is approved, the OHMVR Division will process an amendment to the Project Agreement specifying modifications and the revised Project performance period (if applicable). The amendment becomes effective when the OHMVR Division returns the executed amendment to Project Agreement to the Grantee. The OHMVR Division and the Grantee shall retain copies of the amendment to the Project Agreement on file.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (f) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
§4970.19.3. Project Withdrawal.
Note     •     History

(a) An Applicant or Grantee may at any time unilaterally cancel or withdraw an approved Project by written notification to the OHMVR Division. 
(b) If the Project work has not commenced and the Grantee received advanced funds for the cancelled Project, the Grantee shall return the advanced funds plus accrued interest to the State.
(c) If the Grantee has commenced the Project, eligible costs will be allowed to the date the Grantee ceases work on the Project. The cost of goods purchased on a reimbursement basis, but not consumed for the Project as of the date of work cessation, shall not be reimbursed, or shall be returned if advance payment was made. The Project shall be subject to all record keeping and Audit requirements contained in these regulations. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
§4970.19.4. Project Breach-Termination.
Note     •     History

Failure of a Grantee to comply with the terms and conditions of the Project Agreement may be treated by the OHMVR Division as a breach of contract. If the OHMVR Division determines there is a breach of the Project Agreement, the OHMVR Division shall give the Grantee written notification that the Grantee has thirty (30) calendar days to cure the breach. If the Grantee does not cure the breach or commence actions to cure the breach within thirty (30) calendar days or show diligent progress to cure the breach, the OHMVR Division may terminate the Project Agreement and void the OHMVR Division's obligations. If the OHMVR Division determines breach was due to no fault of the Grantee, the OHMVR Division may waive reimbursement of funds paid or advanced or make payment for any work performed up to the date of termination. In the event of a breach that the OHMVR Division waives, such waiver shall not serve to excuse the future performance of the breached term that was waived or performance of any other term of the Project Agreement. The Project shall remain subject to all record keeping and Audit requirements contained in these regulations.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
§4970.19.5. Failure to Perform.
Note     •     History

If a Grantee does not complete a Project within the Project performance period specified in the Project Agreement, the Grantee shall: 
(a) Provide written notification to the OHMVR Division describing the issues, reasons, or problems that prevent the Grantee from completing the Project and return any remaining OHV Trust Funds, or 
(b) Request an amendment pursuant to Section 4970.19.2. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
§4970.19.6. Financial Responsibilities.
Note     •     History

The acceptance of a Project Agreement creates a legal duty on the part of the Grantee's organization to use the funds made available in accordance with the terms and conditions of the Grant.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
§4970.20. Equipment Management Requirements.
Note     •     History

The following requirements apply to all Equipment purchased with OHV Trust Funds:
(a) Equipment shall be used for OHV related purposes unless the Grantee is funding the portion of the purchase price not dedicated to OHV purposes, 
(b) Grantees shall keep Equipment purchased with OHV Trust Funds stored securely and maintained in safe working order,
(c) Equipment shall display an approved version of the OHMVR Division “OHV Trust Funds at Work” insignia. Grantees may obtain insignias free of charge from the OHMVR Division,
(d) Equipment that is no longer in useable condition may be used as a trade-in for replacement Equipment to be used for OHV purposes,
(e) Surplus Equipment may be transferred or traded within the agency, giving preference to those areas that provide OHV Opportunities or disposed of via the agency's standard equipment disposition procedures, and
(f) Ownership and title belongs to the Grantee.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (a) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
§4970.21. Development Project Procedures.
Note     •     History

(a) Plans and specifications shall be prepared for each Development Project as identified in the Project Agreement. A registered civil or structural engineer or a licensed architect shall sign plans for structural items. Prior to the start of the Project, the OHMVR Division may choose to review plans, specifications, and bid documents for each component of the Project.
(b) The Grantee shall follow all laws that pertain to public works projects, including the Americans with Disabilities Act and Title 24 Disability Codes (for local agencies), prevailing wages, and local health and safety requirements. For all sub-contracted work, a Notice of Completion is required. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resource Code; 
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (b) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
§4970.22. Accounting Practices.
Note     •     History

(a) Record Keeping
Grantees are responsible for maintaining fiscal controls and fund accounting procedures based on Generally Accepted Accounting Principles approved by the AICPA, the Securities and Exchange Commission, the Financial Accounting Standards Board, and the American Accounting Association. Bill of Sale, Bill of Lading, or Collection Agreements are some examples of proof that materials or Equipment was received. Invoices are also considered valid proof that materials or Equipment was received. Purchase orders are not considered valid proof that materials or Equipment have been received.
(b) Labor Costs 
The Grantee shall document all labor, including all force account, match and volunteer time, on time sheets, or reports produced by an electronic timekeeping system. 
(c) Equipment Use 
Costs associated with Equipment used for a Project will be paid on a use basis in accordance with the Applicant's local fair market rental rates, but shall never exceed the Grantee's actual cost. The Grantee may not charge a use fee for vehicles or Equipment purchased with OHV Trust Funds, except for fuel and minor maintenance costs. A logbook or source document shall identify the operator, work performed, and hours or miles charged to the Project. 
(d) Record Retention
The Grantee shall retain all financial accounts, documents, and records pertinent to the Project: 
(1) For three (3) years from the expiration date of the Project Agreement, or
(2) Until an Audit started during the three (3) years following the expiration of the Project Agreement has been completed; a report is published; and any Audit findings are resolved and/or payment or other correction made with regard to any Audit findings contained in the final Audit report.
(e) Advances
Advances shall be placed in a separate interest-bearing account (if the Grantee is legally able to do so). The interest accrued from this account shall be documented and shall only be expended in accordance with the Project Agreement. The unspent interest earned on the OHV Trust Funds shall be returned to the OHMVR Division at the end of the Project. 
(f) Matching Funds
(1) Matching funds may include actual cash contributions toward the Project, cash value for volunteers or salaried employee hours, Indirect Costs, grants from sources other than this Grant Program, and expenditures of the OHV in-lieu of property tax funds. The match shall be directly related to the Project and must occur within the project performance period. The same match may not be used for more than one (1) Project.
(2) Project costs identified as match shall be documented the same way as other Project expenditures. Volunteer hours of work and salaried employees shall be documented through a log or report identifying dates, hours worked, and duties performed. 
(3) Cash value for volunteer time may be determined using the hourly reimbursement rate for the paid classification that most closely matches the duties performed by the volunteer. Cash value for salaried employee time shall be based on the agency's hourly reimbursement rate for the classification. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (a), (b), (d)(1) and (f)(1) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
§4970.23. Payment Requests.
Note     •     History

Grantees are required to request payments for advances or reimbursements by submitting a current Payment Request form to the OHMVR Division. The OHMVR Division is responsible for approving and processing payment requests. Grantees may submit payment requests to the OHMVR Division at any time after the execution of the Project Agreement.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
§4970.23.1. Advances.
Note     •     History

(a) Generally advances are not allowed, however if extenuating circumstances exist the Division may consider granting an advance. To request an advance, the Grantee shall submit to the OHMVR Division written justification to explain the need for the advance. The OHMVR Division will provide written notification to the Grantee of approval/disapproval for the advance. Requests for an advance typically may not be more than half the total amount of the Grant and shall include a summary list of proposed expenditures, along with GPS coordinates and photos of Project areas where activities will be conducted, as applicable. The sum of the proposed expenditures shall match the amount indicated on the Payment Request form. 
(b) Subsequent requests for advances shall document how previous advance funds were expended as follows:
(1) Purchases: paid invoices and/or receipts,
(2) Services: paid invoices and/or receipts, 
(3) Timekeeping and equipment logs: transaction register or other electronically generated reports, 
(4) Training and travel: paid invoices and/or receipts,
(5) A statement of activities/accomplishments,
(6) GPS coordinates and photos of Project areas where activities were conducted, as applicable, and
(7) Maps and/or any electronic data (such as .shp, .gpx or .kml files) of Project areas where activities were conducted, as applicable.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (a) and (b)(3)-(4) and new subsections (b)(5)-(7) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.23.2. Reimbursements.
Note     •     History

Requests for reimbursement shall include the following documentation:
(a) Purchases: paid invoices and/or receipts,
(b) Services: paid invoices and/or receipts, 
(c) Timekeeping and equipment logs: transaction register or other electronically generated reports,
(d) Training and Travel: paid invoices and/or receipts.
(e) A statement of activities/accomplishments,
(f) GPS coordinates and photos of Project area(s) where activities were conducted, as applicable, and
(g) Maps and/or any electronic data (such as .shp, .gpx or .kml files) of Project area(s) where activities were conducted, as applicable.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (c) and new subsections (e)-(g) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.24. Project Closeout. [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (c) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
3. Renumbering of former section 4970.24 to new section 4970.24.1 filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.24.1. Project Documentation.
History

(a) The Grantee shall submit a payment request form marked “FINAL” to the OHMVR Division within one hundred twenty (120) calendar days after the completion of the Project, or the end date as specified in the Project Agreement or amendment to the Project Agreement, whichever comes first. The Grantee shall include the following documentation with the final payment request:
(1) A report of deliverables completed,
(2) All documents supporting the expenditures claimed under the payment request, 
(3) A summary of costs, including match requirements, that provides detailed information regarding staff, contracts, materials/supplies, Equipment purchases, Equipment use expenses, and other expenses,
(4) Two (2) copies of all reports as indicated in the Project Agreement for any Project that requires a report or reports as part of its Project Description. Monitoring results shall be reported to the OHMVR Division at the end of the Project, 
(5) For all sub-contracted work, a Notice of Completion,
(6) Photos of Equipment purchased through the Project, and
(7) Photos of completed Projects, as applicable.
(b) Final payment requests cannot be processed until the OHMVR Division has received all supporting documentation to support expenditures claimed, including documentation that the Grantee has fulfilled its match commitment. An amount equal to any unmet match commitment will be withheld from the final payment. 
(c) Any request for final payment received after one hundred twenty (120) calendar days, may be ineligible for payment or result in suspension of future payments and reimbursement to the State of any advances or other payments made. The OHMVR Division may also deem the Project closed and forward the Project file to the Department's Audits Office for an Audit. 
HISTORY

1. Renumbering of former section 4970.24 to new section 4970.24.1, including amendment of section heading and section, filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.24.2. Project Performance Review.
Note     •     History

(a) OHMVR Division staff shall conduct a project performance review. Project performance reviews may include, but are not limited to, review of a Project to determine progress toward its completion, review of the implementation of HMP and Soil Conservation Plan, or other requirements contained in the Project Agreement. 
(b) Project performance reviews may be accomplished by, but are not limited to, desk reviews, questionnaires and other standards of inquiry, site visits, and other means consistent with these regulations.
(c) Project performance reviews may be conducted prior to the end of the Project performance period.
(d) Failure to cooperate with performance review requests made pursuant to these regulations may result in denial of payment requests and/or refund to the State of amounts already paid or advanced.
(e) OHMVR Division staff may conduct a site visit to review the Grantee's Project(s). The site visit may include review of progress towards the accomplishment of Deliverables. 
(1) The OHMVR Division shall provide the Grantee adequate notice prior to the visit and the Grantee shall make its Project Areas, applicable documentation, and staff who are knowledgeable about or oversee the Project available to the OHMVR Division for site visits. The Grantee shall also make any reports or plans developed, as a result of a Project Agreement, available for review. In the event the OHMVR Division is not able to provide its own transportation to survey a Project, the Grantee shall make every effort to provide Equipment that may be necessary to conduct the site visit and include a person dedicated to providing a tour of the Project. 
(2) When the OHMVR Division staff conducts a site visit, staff shall develop a report containing any comments and recommendations with regard to the performance of the Grantee's Project. A copy of the report shall be available to the Grantee upon request.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
Subarticle 1. Audits
§4970.25.1. Financial Audits.
Note     •     History

(a) The Department of Parks and Recreation, Audits Office shall conduct an Audit of at least twenty percent (20%) of the Grantees annually. A Project is subject to Audit at any time within three years following the end of the project performance period.
(b) The OHMVR Division will forward Grant Projects to the Department of Parks and Recreation, Audits Office for a financial Audit as appropriate. The Grantee shall cooperate with the Audits Office during an Audit. Requested records, documents, and files pertaining to the expenditures or other fiscal and/or programmatic elements of the Grant shall be provided. 
(c) Failure to fully complete Project Deliverables as agreed in the Project Agreement; and/or to maintain records supporting the expenditures made pursuant to the Project Agreement, these regulations, and any other applicable law; and/or failure of such records to support expenditures claimed and payments received, shall be grounds for an Audit exception requiring refund of amounts paid. 
(d) The Department of Parks and Recreation, Audits Office will coordinate with OHMVR Division staff in order to confirm the completion of Deliverables. The Department may inspect and/or make copies of any books, records, or reports of the Grantee pertaining to all Projects.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code.
HISTORY

1. New subarticle 1 (sections 4970.25.1-4970.25.3) and section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (a), (b) and (c)(1) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
3. Repealer of former section 4970.25.1 and renumbering and amendment of former section 4970.25.2 to new section 4970.25.1 filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.25.2. Final Audit Report.
Note     •     History

(a) Upon completion of the Audit, the OHMVR Division shall provide the Grantee a copy of the final Audit report that shall contain the results of the Audit including all Audit exceptions and any refunds found to be due. 
(b) If the Audit results identify exceptions resulting in refunds due to the State, the Grantee shall have sixty (60) calendar days from receipt of the Audit report to refund the overpayment to the State unless the Grantee elects to request review of the Audit results.
(c) A Grantee may request review of the Audit report. The Grantee shall request the review in writing to the OHMVR Division within thirty (30) calendar days of receipt of the Audit report. When a Grantee requests such review the OHMVR Division will have final authority to determine what, if any, amount is due back to the State. The OHMVR Division will have thirty (30) calendar days to respond to the request. If the OHMVR Division does not provide a response within thirty (30) calendar days, the final Audit report will be deemed accepted.
(d) The Grantee shall have sixty (60) calendar days from the date Audit results are deemed final to remit payment. Failure to remit payment within the sixty (60) calendar days may result in the withholding or commensurate reduction of future reimbursement payments or advances on other Grantee Projects or such other remedies to collect the money as may be available by law. 
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code.
HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Renumbering of former section 4970.25.2 to section 4970.25.1 and renumbering of former section 4970.25.3 to new section 4970.25.2 filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
§4970.25.3. Final Audit Report. [Renumbered]
History

HISTORY

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Editorial correction inserting inadvertently omitted subsection (d) designator (Register 2010, No. 2). 
3. Renumbering of former section 4970.25.3 to section 4970.25.2 filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
Article 5. Contacting the OHMVR Division
§4970.26. How to Contact the OHMVR Division.
Note     •     History

(a) All inquiries and correspondence related to the Grant program shall be addressed to:
Mailing Address:
(Name), Grant Administrator 
California Department of Parks and Recreation
Off-Highway Motor Vehicle Recreation (OHMVR) Division
1725 23rd Street, Suite 200
Sacramento, CA 95816-7100
(b) Inquiries may also be made directly by phone or e-mail to a Grant Administrator. Consult the Division Website at http://www.ohv.parks.ca.gov for a list of Grant Administrators.
(c) General inquiries should be directed to:
Phone: (916) 324-4442 or
Fax (916) 324-1610 or 
E-mail: ohvinfo@parks.ca.gov.
NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32, Public Resources Code.
HISTORY

1. New article 5 (section 4970.26) and section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (b) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2). 
Chapter 15.5. Off-Highway Motor Vehicle Recreation Grants and Cooperative Agreements Program Regulations [Repealed]
Article 1. General Provisions [Repealed]
§4970.49. Application of Chapter. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.01-5090.70, Public Resources Code.
HISTORY

1. New chapter 15.5 (articles 1-5, sections 4970.49-4970.72), article 1 (sections 4970.49-4970.53) and section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New chapter 15.5 (articles 1-5), article 1 (sections 4970.49-4970.53) and section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New chapter 15.5 (articles 1-5), article 1 (sections 4970.49-4970.53) and section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including amendment of section and new Note, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer of chapter 15.5 (articles 1-5, sections 4970.49-4970.72), article 1 (sections 4970.49-4970.53) and section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.50. Definitions. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 4442, 4442.5, 5020.1(j), 5024.1, 5090.04, 5090.05, 5090.06, 5090.07, 5090.10, 5090.11, 5090.32, 5090.35, 5090.50, 5090.51(b), 5090.53, 5090.64(b)(1) and (2) and 21000 et seq., Public Resources Code; Sections 111, 400, 436, 557, 38001, 38006, 38012 and 38225(c) Vehicle Code; USC, Title 42, Section 4371; USC, Title 43 Sections 1601 et seq.; 40 CFR part 1500.1 et seq.; 25 CFR Section 83.5(a); Section 210.1, Education Code; and U.S. Internal Revenue Code, Section 501(c)(3).
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including amendment of section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Change without regulatory effect amending subsections (g), (s), (aa), (hh) and (pp) filed 7-10-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 28).
6. Amendment of subsections (g) and (hh) filed 7-19-2007 as an emergency; operative 7-19-2007 (Register 2007, No. 29). A Certificate of Compliance must be transmitted to OAL by 1-15-2008 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of section as it existed prior to 7-19-2007 emergency amendment by operation of Government Code section 11346.1(f) (Register 2008, No. 39).
8. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.51. Program Purpose. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.01-5090.70, Public Resources Code. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including amendment of section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.52. Commission's Annual Program Review Meeting. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.24(f), Public Resources Code. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including amendment of section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.53. General Application Requirements. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.35, 5090.50, 5090.51 and 5090.53, Public Resources Code. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including amendment of section and Note, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Change without regulatory effect amending subsection (f)(4)(A) filed 7-10-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 28).
6. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
Article 2. Types of Projects and Specific Application and Content Requirements [Repealed]
§4970.54. Acquisition Projects. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code. 
HISTORY

1. New article 2 (sections 4970.54-4970.64) and section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New article 2 (sections 4970.54-4970.64) and section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New article 2 (sections 4970.54-4970.64) and section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including amendment of section and Note and restructuring of article 2 to include sections 4970.54-4970.62, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer of article 2 (sections 4970.54-4970.62) and section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.55. Conservation Projects. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including amendment of section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Change without regulatory effect amending subsection (c) filed 7-10-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 28).
6. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.56. Development Projects. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code; and Public Law 101-336, July 26, 1990, 104 Stat. 327. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including amendment of section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.57. Facilities Operation and Maintenance (FO&M) Projects. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5, and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including repealer of former section 4970.57 and renumbering and amendment of former section 4970.58 to new section 4970.57, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.58. Law Enforcement Projects. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.50 and 5090.64(b)(2), Public Resources Code.
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of former section 4970.58 to section 4970.57 and renumbering and amendment of former section 4970.59 to new section 4970.58 and amendment of Note, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.59. Off-Highway Vehicle (OHV) Safety and/or Education Program Projects. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of former section 4970.59 to section 4970.58 and renumbering and amendment of former section 4970.60 to new section 4970.59, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.60. Planning Projects. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of former section 4970.60 to section 4970.59 and renumbering and amendment of former section 4970.61 to new section 4970.60, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.61. Restoration Projects. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.50 and 5090.64(a), Public Resources Code. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of former section 4970.61 to section 4970.60 and renumbering and amendment of former section 4970.62 to new section 4970.61, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.62. Trail Maintenance Projects. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of former section 4970.62 to section 4970.61 and renumbering and amendment of former section 4970.64 to new section 4970.62, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Change without regulatory effect amending subsection (c) filed 7-10-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 28).
6. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
Article 3. Environmental and Match Requirements [Repealed]
§4970.63. California Environmental Quality Act (CEQA) Requirements. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50(g), 15000 et seq., and 21000 et seq., Public Resources Code; USC Title 42, Section 4371; and 40 CFR part 1500.1, et seq. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including relocation of article 3 heading from section 4970.65 to section 4970.63, repealer of former section 4970.63 and renumbering and amendment of former section 4970.65 to new section 4970.63, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Change without regulatory effect amending subsections (c)(1), (c)(2)(A)-(B) and (c)(3) filed 7-10-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 28).
6. Repealer of article 3 (sections 4970.63-4970.66) and section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.64. Wildlife Habitat Protection Program (WHPP) / Habitat Management Program (HMP). [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of former section 4970.64 to section 4970.62 and renumbering and amendment of former section 4970.66 to section 4970.64, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Change without regulatory effect amending subsection (f)(1) filed 7-10-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 28).
6. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.65. Soil Conservation Program. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code. 
HISTORY

1. New article 3 (sections 4970.65-4970.68) and section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New article 3 (sections 4970.65-4970.68) and section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New article 3 (sections 4970.65-4970.68) and section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including relocation of article 3 heading from section 4970.65 to section 4970.63, renumbering of former section 4970.65 to new section 4970.63 and renumbering and amendment of former section 4970.67 to section 4970.65, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.66. Match Requirements. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.51, Public Resources Code. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of former section 4970.66 to section 4970.64 and renumbering and amendment of former section 4970.68 to new section 4970.66, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
Article 4. Application Evaluation and Approval of Project Agreements [Repealed]
§4970.67. Application Evaluation System. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.24 and 5090.32, Public Resources Code. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including relocation and amendment of article 4 heading from section 4970.69 to section 4970.67, renumbering of former section 4970.67 to section 4970.65 and renumbering and amendment of former section 4970.69 to new section 4970.67, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer of article 4 (sections 4970.67-4970.68) and section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.68. Commission Approval of Grants and Cooperative Agreements Program Applications. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.61, Public Resources Code. 
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of former section 4970.68 to new section 4970.66 and renumbering former section 4970.70 to new section 4970.68 with amendments to section heading and section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
Article 5. Project Administration Procedures [Repealed]
§4970.69. Project Agreements. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.61, Public Resources Code.
HISTORY

1. New article 4 (sections 4970.69-4970.70) and section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New article 4 (sections 4970.69-4970.70) and section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New article 4 (sections 4970.69-4970.70) and section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including relocation of article 4 heading from section 4970.69 to section 4970.67, relocation and amendment of article 5 heading from section 4970.71 to section 4970.69, renumbering of former section 4970.69 to section 4970.67 and new section 4970.69, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer of article 5 (sections 4970.69-4970.72) and section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.70. Project Administration. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
HISTORY

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of former section 4970.70 to section 4970.68 and new section 4970.70, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.71. Performance Reviews. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32, Public Resources Code.
HISTORY

1. New article 5 (sections 4970.71-4970.72) and section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New article 5 (sections 4970.71-4970.72) and section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New article 5 (sections 4970.71-4970.72) and section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including relocation and amendment of article 5 heading from section 4970.71 to section 4970.69, renumbering of former section 4970.71 to new section 4970.72 and renumbering and amendment of former section 4970.72 to new section 4970.71, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
§4970.72. Audits. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32, Public Resources Code. 
HISTORY

1. New article 5 (sections 4970.71-4970.72) and section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emergency language will be repealed by operation of law on the following day.
2. New article 5 (sections 4970.71-4970.72) and section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-28-2006 or emergency language will be repealed by operation of law on the following day.
3. New article 5 (sections 4970.71-4970.72) and section refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of former section 4970.72 to new section 4970.71 and renumbering and amendment of former section 4970.71 to new section 4970.72, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
5. Repealer filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3). 
Chapter 16. Relocation Assistance
Article 1. General Provision
§4971. Department of Parks and Recreation Relocation Assistance.
Note     •     History

The regulations adopted under this chapter implement the requirements of Section 7267.8 of the Government Code for all public entities to adopt rules and regulations to implement payments and to administer relocation assistance in accordance with the rules and regulations adopted by the Department of Housing and Community Development. With respect to a federally funded project, the Department of Parks and Recreation shall make relocation assistance payments and provide relocation advisory assistance as required under federal law. The Department of Housing and Community Development Relocation Guidelines (Title 25, California Code of Regulations, Chapter 6, Subchapter 1, Articles 1 through 6, commencing with Section 6000 and concluding with Section 6198), including any subsequent amendments thereto, are hereby incorporated by reference as if fully set forth in this chapter. For purposes of this chapter, “public entity” as used in the Department of Housing and Community Development Guidelines shall mean “Department of Parks and Recreation”.
NOTE

Authority cited: Section 5003, Public Resources Code. Reference: Section 7267.8, Government Code.
HISTORY

1. New chapter 16, article 1 (section 4971) and section filed 2-28-2002 as an emergency; operative 2-28-2002 (Register 2002, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency language will be repealed by operation of law on the following day.
2. New chapter 16, article 1 (section 4971) and section refiled 6-27-2002 as an emergency; operative 6-27-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-27-2002 order transmitted to OAL 10-15-2002 and filed 10-28-2002 (Register 2002, No. 44).
Division 4. Department of Boating and Waterways
Chapter 1. Department of Boating and Waterways
Article 1. Planning Loan Regulations
§5000. Short Title.
Note     •     History

This article shall be known and may be cited as the Boating and Waterways Planning Loan Regulations under which the Department of Boating and Waterways may make planning loans to eligible applicants in accordance with the provisions of section 71.4 of the Harbors and Navigation Code.
NOTE

Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code. Reference: Sections 71.4 and 85.2, Harbors and Navigation Code.
HISTORY

1. Repealer of Article 1 (Sections 5000 through 5003) and new Article 1 (Sections 5000 through 5004) filed 5-11-71; effective thirtieth day thereafter (Register 71, No. 20). For prior history, see Register 66, No. 43.
2. Amendment filed 2-16-79 as procedural and organizational; effective upon filing (Register 79, No. 7).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§5001. Loan Conformity.
Note     •     History

Any loan made to a county, city, or district for the purpose of planning for the acquisition, construction, improvement, maintenance or operation of small craft harbors shall be in conformity with this article.
NOTE

Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code. Reference: Sections 71.4 and 85.2, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§5002. Application.
Note     •     History

No planning loan shall be made unless written application therefor is filed with the Department of Boating and Waterways. All such applications shall contain a statement of facts certified as true by the governing body of the applicant showing that the loan in the amount requested, if made, will not be in violation of the California Constitution, Article XVI, Section 18, or of the Harbors and Navigation Code, Section 71.6.
NOTE

Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code. Reference: Sections 71.6 and 85.2, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment filed 2-16-79 as procedural and organizational; effective upon filing (Register 79, No. 7).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§5003. Terms of Loan.
Note     •     History

Planning loans shall be for a period not to exceed ten years.
NOTE

Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code. Reference: Sections 71.4 and 85.2, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§5004. Approval. [Repealed]
Note     •     History

NOTE

Authority cited: Section 38, Harbors and Navigation Code. Reference: Section 71.6, Harbors and Navigation Code.
HISTORY

1. Amendment filed 2-16-79 as procedural and organizational; effective upon filing (Register 79, No. 7).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26). 
Article 1.1. Public Small Craft Harbor Loan Regulations
§5100. Short Title.
Note     •     History

This article shall be known and may be cited as the Boating and Waterways Public Small Craft Harbor Loan Regulations under which the Department of Boating and Waterways may make construction loans to eligible applicants for small craft harbor facilities and connecting waterways in accordance with the provisions of section 71.4 of the Harbors and Navigation Code.
NOTE

Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code. Reference: Sections 71.4 and 85.2, Harbors and Navigation Code.
HISTORY

1. Repealer of Art. 1.1 (Sections 5100 through 5119) and new Art. 1.1 (Sections 5100 through 5106) filed 5-11-71; effective thirtieth day thereafter (Register 71, No. 20). For prior history, see Registers 69, No. 3 and 71, No. 13.
2. Amendment filed 2-16-79 as procedural and organizational; effective upon filing (Register 79, No. 7).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
4. Amendment of article heading and section  filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
§5101. Definitions.
Note     •     History

As used in this article:
(a) “Applicant.” A city, county, or district which requests or receives a loan and has the statutory authority to undertake the development of a small craft harbor, described in Section 71.4 of the Harbors and Navigation Code.
(b) “Collateral.” Property, both real and personal, whether tangible or not, pledged as security for repayment of a debt, including but not limited to any or all of the following: an interest in real property; a mortgage or security interest (deed of trust) in real estate, including buildings or property of the applicant, a deed of trust or lease and leaseback of the project area; an irrevocable letter of credit in an amount equal to the principal and estimated accrued interest; a collateral assignment of rents and leases equal to not less than 125 percent of applicant's total annual debt service to the department; a security agreement; a Uniform Commercial Code financing statement (UCC-1). 
(c) “Commission.” The Boating and Waterways Commission.
(d) “Contract.” A contract to implement the disbursement of loan funds. 
(e) “Default”: 
(1) The failure of an applicant to make any payment required by the contract within 30 days of the due date of the payment,
(2) the failure of an applicant to comply with any other requirement of the contract. Such defaults, for failure to comply with terms of contract other than payments, may be cured by complying with the requirement within 180 days after receipt of written notice from the department specifying such failure, 
(3) the provision of false representations or false warranties by the applicant in response to any obligations under the contract, 
(4) the failure of an applicant to conduct appropriate proceedings in good faith to contest any levy or proceeding against the collateral or applicant's interest therein; or 
(5) the filing of a petition by an applicant under the provisions of the Bankruptcy Code, or the failure of an applicant to conduct appropriate proceedings in good faith to contest a bankruptcy filing by a third party when such action affects the collateral. 
(f) “Department.” The Department of Boating and Waterways.
(g) “Loan.” A loan for the purpose of acquisition, construction, and/or improvement, maintenance or operation of small craft harbors, related facilities, or connecting waterways, pursuant to Harbors and Navigation Code Section 71.4.
(h) “Project.” Any construction, improvement, acquisition, maintenance or operation of small craft harbors, related facilities, or connecting waterways.
(i) “Project Area.” A delineated area in which the project is to be located.
(j) “Project Costs.” Those contract, equipment, labor, material and construction costs which are incurred by the applicant for the purpose of completing the project; however, such project costs shall not include indirect or overhead charges incurred by the applicant for its own personnel. 
(k) “Reserve Fund.” A separate and independent fund for the exclusive purpose of providing extraordinary, non-routine maintenance, repair or replacement during the loan period. 
(l) “Surplus Revenues.” Revenues received by an applicant from any source within a project area less the applicant's expenses for (1) loan repayment, and (2) operation and maintenance (including the Reserve Fund) of the project; tax revenues may be considered as a revenue source.
(m) “Unpaid Balance.” Total outstanding debt, including principal, interest and penalties, if applicable.
(n) “Vessel Pumpout Facilities.” Vessel sewage pumpout facilities.
NOTE

Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code. Reference: Sections 71.4, 85.2 and 87, Harbors and Navigation Code.
HISTORY

1. New subsection (g) filed 1-20-78; effective thirtieth day thereafter (Register 78, No. 3).
2. Amendment filed 2-16-79 as procedural and organizational; effective upon filing (Register 79, No. 7).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
4. Amendment filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
5. Editorial correction of subsection (a) (Register 2002, No. 7).
6. New subsection (n) and amendment of Note filed 11-14-2006; operative 12-14-2006 (Register 2006, No. 46).
§5102. Application.
Note     •     History

(a) Preliminary Coordination: Loans will be processed in accordance with departmental guidelines and criteria. The applicant may seek departmental assistance in formulating the project.
(b) Preliminary Study: The applicant's formal request for a loan will not be submitted until the department's reconnaissance survey of the proposed project area has determined the initial acceptability of the project and the applicant has been so notified.
(c) Formal Application: Upon receipt of a favorable preliminary report from the department, the applicant may make a formal loan application which shall include:
(1) Feasibility Study: A report containing sufficient information and detail to demonstrate that the project is both engineeringly and financially feasible. The report shall include, but not be limited to:
(A) A project plan and map which establishes the project area and location.
(B) Preliminary project layout and designs of project features in sufficient detail to develop accurate cost estimates.
(C) A plan for operational and fiscal management of the project throughout the loan period.
(D) The proposed method and means of retiring the loan, meeting other financial obligations of the project, and, if the project is to be undertaken with funds in addition to the loan applied for, a funding plan indicating the sources of such additional construction funds.
(E) A report on the effect the project would have on the environment. The department will provide the applicant with a copy of the latest law on this subject.
(F) A plan to capitalize a reserve fund in an amount specified by the department. 
(G) Collateral acceptable to the department. 
(2) A designation of a representative authorized to act for the applicant to sign any necessary papers or to otherwise act as the representative of the applicant.
NOTE

Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code. Reference: Sections 71.4 and 85.2, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
2. Amendment of subsections (b), (c), (c)(1), (c)(1)(B) and (c)(1)(D)-(E) and new subsections (c)(1)(F)-(G) filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27). 
§5103. Feasibility Review.
Note     •     History

The applicant's formal application will be judged as to the following considerations:
(a) Engineering feasibility, including a determination as to whether or not the project can be developed within the total amount of funds to be made available.
(b) Financial feasibility, including an analysis of the availability of capital to finance construction to completion, users' willingness and ability to pay anticipated berthing and other charges used in estimating revenues, and evaluation of the sufficiency of revenues to cover annual cost on a year-by-year basis, including maintenance of a reserve fund and the amortization of the applied for loan.
NOTE

Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code. Reference: Sections 71.4 and 85.2, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
2. Amendment filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
§5104. Priority.
Note     •     History

When considering applications, the department shall, in addition to priorities set forth in the Harbors and Navigation Code, rank applications based upon the following: 
(a) First priority shall be given to projects based upon issues of the health and safety of boaters using the facilities. 
(b) Next, priority shall be given to projects currently receiving phased funding from the department. 
(c) Next, priority shall be given based upon availability of matching funds. 
(d) Next, priority shall be given based upon relative demand for facilities in the same market area, as determined by the department. Consideration shall be given to: 
(1) Population size of the market area. 
(2) Similar facilities in the market area. 
(3) Boating activity in the market area. 
(e) Next, priority shall be given to small craft harbor improvement projects that include restroom facilities, vessel pumpout facilities, oil recycling facilities, and receptacles for the purpose of separating, reusing, or recycling all solid waste materials. The standard to be followed by the department in ranking loan applications under this subdivision is the cumulative level of service provided by the small craft harbor for the aforementioned facilities.
(f) In the event that a priority between applications cannot be established by Subsections (a) through (e), priority shall be given to applicants with greatest ability to repay the loan. 
(1) Evaluation of the applicant's ability to repay shall be based on the applicant's audited financial statements for the previous three years, if available. 
(2) If financial statements are not available, the applicant will provide other information acceptable to the department which establishes a financial ability to repay the loan. 
NOTE

Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code. Reference: Sections 71.4, 85.2 and 87, Harbors and Navigation Code. 
HISTORY

1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27). For prior history see Register 85, No. 26.
2. New subsection (e), subsection relettering and amendment of newly designated subsection (f) filed 11-14-2006; operative 12-14-2006 (Register 2006, No. 46).
§5105. Loan Terms and Conditions.
Note     •     History

The agreement  between the department and the applicant shall include but not be limited to the following provisions:
(a) A provision to the effect that the loan will be used for the purpose of developing the project in a continuous and expeditious manner to completion and that the project when completed will be made available and open to all on equal and reasonable terms.
(b) A provision specifying that no loan funds for construction purposes shall be released to an applicant until final plans and specifications for the project (or a particular portion thereof to be constructed with such funds) are approved in writing by the department. 
(c) A provision requiring applicant to comply with department approved construction plans and specifications and change orders thereto.
(d) A repayment plan setting forth the provisions for repayment of principal and interest until the loan is repaid in full.
(e) A provision permitting inspection of the project by the department or its agents at any time during construction or after completion, and permitting the inspection and audit of all records of the applicant relating to the project until the loan is paid in full.
(f) A provision that the applicant will provide fire and extended coverage insurance to ninety percent of the value of insurable structures within the project area with the department named as additional insured.
(g) A provision that the applicant will provide insurance, with the department named as additional insured, to cover liability arising from design, planning, construction, maintenance or operation of the project in the following minimum amounts:
(1) Bodily injury $300,000 each person $1,000,000 each occurrence
(2) Property and product damage $500,000 each occurrence $1,000,000 each aggregate
(h) A provision allowing applicant to provide self-insurance in the amounts prescribed in subsection (g), above. 
(i) A provision that during the loan repayment period applicant shall not sell, lease, transfer, exchange, mortgage or hypothecate in any manner all or any portion of the real property or improvements within the project area without prior written approval of the department.
(j) A provision requiring applicant to establish and capitalize a reserve fund in an amount and under terms and conditions specified by the department. 
(1) The reserve fund shall be an interest-bearing account. 
(2) In order to withdraw funds from the reserve fund, the signature of the director, or his or her designee shall be required. 
(3) All funds remaining in the reserve fund account shall be returned to the borrower upon full performance of the loan contract. However, unless and until all reserve funds, including accumulated interest, are first committed to improvements at the marina, the borrower may not apply for additional department funding for any project within the marina for a period of five years beginning on the last date any reserve funds are returned to the borrower. 
(k) A statement that surplus revenues shall be administered as follows:
(1) The applicant shall retain and invest in reasonable liquid assets all surplus revenues;
(2) Except for the purpose of making capital improvements and at the discretion of the department, no expenditure of surplus revenues other than for the advance repayment of the loan will be permitted until the loan is paid in full;
(3) The applicant shall record all surplus revenues in a separate account and such account shall reflect all receipts by the applicant of revenues originating within the project area.
(l) A provision that the department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and copy any records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated. 
(m) A provision that the borrower agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. 
NOTE

Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code. Reference: Sections 71.4 and 85.2, Harbors and Navigation Code; and General Services, Standard Agreement Language, as found in GTC 699 (as amended 6/99).
HISTORY

1. Amendment filed 1-20-78; effective thirtieth day thereafter (Register 78, No. 3).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
3. Amendment of section heading, section and Note filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
§5106. Project Development.
Note     •     History

(a) All plans and specifications shall be prepared by persons licensed by the State of California to undertake the type of design work required by the project. All design plans, specifications and reports shall be signed by the licensee. The designer's license number shall appear on the documents. Plans and specifications for work to be accomplished by force account shall be in final form to permit immediate undertaking of the project. 
(b) Property Control. Land and water area to be acquired with the loan funds shall be acquired promptly after execution of the loan agreement. No loan funds for strictly construction purposes shall be released until all land and water areas necessary for the construction of the project have been acquired as evidenced by a title insurance policy or other evidence satisfactory to the department. If the loan is based upon a leasehold estate, applicant's leasehold estate (including renewal options) as specified by contract and with finite time periods, must extend at least to the end of the loan period. 
NOTE

Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code. Reference: Sections 71.4 and 85.2, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
2. Amendment filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
§5107. Default Remedies.
Note     •     History

Upon the occurrence of a default, the department: 
(a) May exercise all rights and remedies accorded to the department by law, including, but not limited to, those rights established in the Harbors and Navigation Code; 
(b) May declare all unperformed obligations, in whole or in part, of the applicant immediately due and payable without demand or notice. 
(c) May deposit funds obtained from the sale of collateral, less reasonable cost of recovery or maintenance of property, in the Harbors and Watercraft Revolving Fund. Any remaining funds shall be provided to the borrower, in accordance with California law. 
NOTE

Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code. Reference: Sections 71.4 and 85.2, Harbors and Navigation Code. 
HISTORY

1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
Article 1.2. Launching Facility Grant Regulations
§5150. Short Title.
Note     •     History

This article shall be known and may be cited as the Boating and Waterways Launching Facility Grant Regulations under which the Department of Boating and Waterways may make grants to eligible applicants in accordance with the provisions of Section 72.5 of the Harbors and Navigation Code.
NOTE

Authority cited: Sections 63.9(e) and 72.5, Harbors and Navigation Code. Reference: Sections 72.5 and 85.2, Harbors and Navigation Code.
HISTORY

1. Repealer of Article 1.2 (Section 5200) and new Article 1.2 (Sections 5150 through 5154) filed 5-11-71; effective thirtieth day thereafter (Register 71, No. 20). For history of former Article 1.2 (now Article 2), see Register 69, No. 3.
2. Amendment filed 2-16-79 as procedural and organizational; effective upon filing (Register 79, No. 7).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).$ $T 
§5151. Grant Conformity.
Note     •     History

Any grant made to a county, city, or district for the purpose of construction and development of small craft launching facilities shall be in conformity with this article.
NOTE

Authority cited: Sections 63.9(e) and 72.5, Harbors and Navigation Code. Reference: Sections 72.5 and 85.2, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§5152. Application.
Note     •     History

Applications for launching facility grants shall be in accordance with procedures established by the department, and shall include a feasibility report, prepared at applicant's expense, containing demonstrations of site suitability, engineering and financial feasibility, and economic justification.
NOTE

Authority cited: Sections 63.9(e) and 72.5, Harbors and Navigation Code. Reference: Sections 72.6 and 85.2, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§5153. Approval of Grant. [Repealed]
Note     •     History

NOTE

Authority cited: Section 38, Harbors and Navigation Code. Reference: Sections 72.6 and 82, Harbors and Navigation Code.
HISTORY

1. Amendment filed 2-16-79 as procedural and organizational; effective upon filing (Register 79, No. 7).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26). 
§5154. Construction and Operation Agreement.
Note     •     History

A construction and operation agreement between the applicant and the department will be entered into after funds are appropriated, specifying that applicant will carry insurance as required by the department and that the completed facility will be operated and maintained for a period of 20 years at no cost to the department. If the applicant fails to construct, maintain or operate the facility in accrdance with the terms of the agreement, he may be required, at the option of the department, to reimburse the department for the State's share of the costs of development on a prorated unexpired term basis.
NOTE

Authority cited: Sections 63.9(e) and 72.5, Harbors and Navigation Code. Reference: Sections 72.5 and 85.2, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
Article 1.3. Floating Rest Room Grant Regulations
§5160. Short Title.
Note     •     History

This article shall be known and may be cited as the Boating and Waterways Floating Rest Room Grant Regulations under which the Department of Boating and Waterways may make grants to eligible applicants in accordance with the provisions of Section 72.7 of the Harbors and Navigation Code.
NOTE

Authority cited: Sections 63.9(e) and 72.7, Harbors and Navigation Code. Reference: Sections 72.7 and 85.2, Harbors and Navigation Code.
HISTORY

1. New Article 1.3 (Sections 5160-5163) filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment filed 2-16-79 as procedural and organizational; effective upon filing (Register 79, No. 7).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§5161. Grant Conformity.
Note     •     History

Any grant made to a county, city, district, or other public agency for the purpose of construction and development of floating rest room facilities shall be in conformity with this article.
NOTE

Authority cited: Sections 63.9(e) and 72.7, Harbors and Navigation Code. Reference: Sections 72.7 and 85.2, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§5162. Application.
Note     •     History

Applications for floating rest room grants shall include:
(a) A demonstration that the body of water on which the rest room would be located is affected by significant seasonal fluctuation in water surface elevation and/or a lack of conveniently located and accessible landside sanitary facilities; and
(b) A finding that due to either or both of the aforesaid conditions, conventional rest rooms cannot meet the needs of boaters and the presence of floating rest rooms may lessen environmental degradation of the body of water.
NOTE

Authority cited: Sections 63.9(e) and 72.7, Harbors and Navigation Code. Reference: Sections 72.7 and 85.2, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§5163. Construction and Operation Agreement.
Note     •     History

A construction and operation agreement between the applicant and the Department will be entered into after funds are appropriated, specifying that applicant will carry insurance as required by the Department, and that the completed rest room will be operated and maintained for a period of ten years at no cost to the Department. If the applicant fails to construct, maintain or operate the rest room in accordance with the terms of the agreement, the applicant may be required, at the option of the Department, to reimburse the Department for the State's share of the costs of development on a prorated unexpired term basis.
NOTE

Authority cited: Sections 63.9(e) and 72.7, Harbors and Navigation Code. Reference: Sections 72.7 and 85.2, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
Article 1.4. Recreational Marina Loan Regulations
§5170. Short Title.
Note     •     History

This article shall be known and may be cited as the Boating and Waterways Recreational Marina Loan Regulations under which the Department of Boating and Waterways may make loans to private marina owners in accordance with the provisions of section 76.3 of the Harbors and Navigation Code. 
NOTE

Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code. Reference: Sections 76.3 and 85.2, Harbors and Navigation Code. 
HISTORY

1. New article 1.4 (sections 5170-5176) and section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27). For prior history of article 1.4 (sections 5170-5178), see Register 86, No. 35.
§5171. Definitions.
Note     •     History

For the purposes of this article, the definitions found in Harbors and Navigation Code Sections 30 through 40 and 76 through 76.8 shall apply unless otherwise indicated. The following supplementary definitions shall also govern the construction of this article: 
(a) “Collateral.” Property, both real and personal, whether tangible or intangible, pledged as security for repayment of a debt, including but not limited to: a mortgage or security interest in real estate, buildings, equipment accounts, contract rights and chattel paper of the borrower or any third party legally bound as a surety with the knowledge that the surety is bound. 
(b) “Commission.” The Boating and Waterways Commission. 
(c) “Contract.” The Recreational Marina Loan agreement to implement the disbursement of loan funds. 
(d) “Default”: 
(1) the failure of a borrower to make any payment required by the contract within 30 days of the due date of the payment, 
(2) the failure of a borrower to comply with any other requirement of the contract. Such default may be cured by complying with the requirement within 30 days after receipt of written notice from the department specifying such failure, 
(3) the provision of false representations or false warranties by the borrower in response to any obligations under the contract, 
(4) the failure of a borrower to conduct appropriate proceedings in good faith to contest any levy or proceeding against the collateral or borrower's interest therein; or 
(5) the filing of a petition by a borrower under the provisions of the Bankruptcy Code, or the failure of a borrower to conduct appropriate proceedings in good faith to contest a bankruptcy filing by a third party when such action affects the collateral. 
(e) “Department.” The Department of Boating and Waterways. 
(f) “Loan” A loan made pursuant to Section 76.3 of the Harbors and Navigation Code. 
(g) “Project.” The development of boating facilities specified in the contract. 
(h) “Project Area.” A delineated area in which the project is to be located. 
(i) “Project Costs.” Those equipment, labor, material and construction costs that are incurred by the borrower for the purpose of completing the project; however, such project costs shall not include indirect or overhead charges incurred by the borrower for its own personnel and shall not include any expenses incurred prior to the effective date of the contract. 
(j) “Reserve Fund.” A separate and independent fund for the exclusive purpose of providing extraordinary, non-routine, maintenance, repair or replacement during the loan period. 
(k) “Unpaid Balance.” Total outstanding debt, including principal, interest and penalties, if applicable. 
NOTE

Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code. Reference: Sections 76.3 and 85.2, Harbors and Navigation Code. 
HISTORY

1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
§5172. Application.
Note     •     History

(a) Loan Application: An application for any loan under Section 76.3 of the Harbors and Navigation Code shall be filed with the department and shall include a copy of: 
(1) Federal income tax returns for the business and/or owners and partners, as requested by the department, for the three years immediately preceding an application for a loan. Federal income tax returns shall not be released by the department, except with permission of an applicant or borrower, unless ordered, as specified by court order. 
(2) All land and water use permits required such as by federal, state and local planning agencies needed to develop the project. 
(3) An “as is” or current appraisal of any assets to be used as loan collateral required by the department. 
(4) Preliminary construction plans, including a site plan and any normally required engineering. 
(5) Preliminary title report for any property used as loan collateral. 
(6) A feasibility study containing sufficient information and detail to demonstrate that the project is engineeringly and financially feasible. 
(7) Evidence of compliance with the California Environmental Quality Act [Division 13 (commencing with Section 21000) of the Public Resources Code]. 
(8) A list of all costs incurred by the borrower in processing and obtaining loan proceeds. 
(9) The proposed method and means of retiring the loan, meeting other financial obligations of the project, and, if the project is to be undertaken with funds in addition to the construction loan applied for, a funding plan indicating the sources of such additional construction funds. 
NOTE

Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code. Reference: Sections 76.3, 76.4 and 85.2, Harbors and Navigation Code. 
HISTORY

1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
§5173. Application Review.
Note     •     History

(a) The borrower's formal application will be judged as to the following principal considerations: 
(1) Engineering feasibility, including a determination as to whether or not the project can be developed within the total amount of funds to be made available. 
(2) Financial feasibility, including an analysis of the availability of capital to finance construction to completion, market analysis or market survey to determine the financial feasibility of the project, anticipated berthing and other charges used in estimating revenues, and evaluation of the sufficiency of revenues to cover annual costs on a year-by-year basis, including the amortization of the applied-for loan. 
(b) Upon request of the applicant, the department may issue a letter of intent, explaining the availability of State funds, the status of the loan application and other requirements necessary for the approval of the loan. 
NOTE

Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code. Reference: Sections 76.3, 76.4, 76.5 and 85.2, Harbors and Navigation Code. 
HISTORY

1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
§5174. Priority.
Note     •     History

When considering applications, the department shall, in addition to priorities set forward in Sections 76 through 77.1 of the Harbors and Navigation Code, rank borrowers based upon the following; however, in no case shall the department make a loan to any recreational marina that restricts access or bars the public other than in ways that are lawful and consistent with general commercial business practices: 
(a) First priority shall be given to projects based upon issues of the health and safety of boaters using the facilities. 
(b) Next, priority will be given for completion of projects that are being phase-funded. 
(c) Next, priority shall be given to projects that are receiving significant capital investment funds from borrowers in addition to loan funds. 
(d) Next, priority shall be given based upon relative demand for facilities in the market area. Consideration shall be given to: 
(1) Population size of the market area. 
(2) Similar facilities in the market area. 
(3) Boating activity in the market area. 
(e) In the event that a priority between applications cannot be established by subsections (a) through (c), priority will be given to borrowers with the greatest ability to repay the loan. Evaluation of the borrower's ability to repay shall be based on: 
(1) The department's relative security position. 
(2) The loan-to-value (LTV) ratio. 
(3) The borrower's audited financial statements for the three years immediately preceding the application, if available. 
i. Each of these statements shall consist of a balance sheet, an income statement, and a statement of changes in financial position, all of which shall have been prepared according to generally accepted accounting principles. 
ii. If the latest complete financial statement is more than six months old, an interim financial statement not older than sixty days shall be included. 
(4) Other information acceptable to the department, if financial statements are not available, which establishes a financial ability to repay the loan, such as: 
i. Federal income tax returns, filed with the application, and 
ii. Credit reports from credit reporting agencies. 
(5) An appraisal report showing the current market value of real and personal property which is suitable as collateral. 
(6) The type and liquidity of the collateral. 
(f) In the event that a priority between applications cannot be established by subsections (a) through (d), priority will be given to those applications with the smallest dollar value, in order to allow the maximum number of projects to be made within the limits of the Recreational Marina Loan Program. 
NOTE

Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code. Reference: Sections 76.3, 76.4, 76.5 and 85.2, Harbors and Navigation Code. 
HISTORY

1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
§5175. Loan Terms and Conditions.
Note     •     History

Loan Terms and conditions, in addition to those specified in Sections 76 through 77.1 of the Harbors and Navigation Code, shall also include the following provisions: 
(a) The borrower shall establish and capitalize a reserve fund in an amount and under terms and conditions specified by the department. 
(1) The reserve fund shall be an interest-bearing account. 
(2) In order to withdraw funds from the reserve fund, the signature of the director, or his or her designee, shall be required. 
(3) All funds remaining in the reserve fund account shall be returned to the borrower upon full performance of the loan contract. However, unless and until all reserve funds, including accumulated interest, are first committed to improvements at the marina, the borrower may not apply for additional department funding for any project within the marina for a period of five years beginning on the last date any reserve funds are returned to the borrower. 
(b) The loan shall be secured by collateral equal to or greater than 110 percent of the loan amount, such as, but not limited to, a mortgage or security interest in real estate, and buildings or personal property of the borrower. These items may only be subject to encumbrances that the department may approve, such as, assignment or pledges of leases, and personal or corporate guarantees. Only the unencumbered equity portion of the property accepted as collateral shall be considered as collateral. Personal guarantees of the principals shall be required, unless reasons satisfactory to the department are presented that justify not requiring such guarantees. The value of the collateral shall be subject to reappraisal as requested by the department from time to time at its discretion, and if, as a result of such reappraisal, it is determined that the value of the collateral has dropped below 110 percent of the then-outstanding loan amount, the borrower shall provide additional collateral as security as required by the department. 
(c) Real estate or stationary machinery or equipment pledged as a significant portion of collateral for repayment of a guaranteed loan shall be located within the State of California. Real estate pledged as collateral shall not include land that has been used as a solid waste disposal site. Any appraisal of property shall be conducted by a licensed appraiser acceptable to the borrower and the department. 
(d) The borrower shall obtain and maintain, throughout the duration of the loan, fire and extended coverage insurance in an amount equal to 100 percent of the current replacement cost of all improvements which are part of the collateral, with the department named as additional insured. 
(e) The borrower will obtain insurance to cover liability arising from design, planning, construction, maintenance or operation of the project, with the department named as additional insured, in the following minimum amounts: 
(1) Bodily injury $300,000 each person, $1,000,000 each occurrence. 
(2) Property and product damage $500,000 each occurrence, $1,000,000 each aggregate. 
(f) The loan shall become due and payable in full upon transfer of the marina, unless such transfer is: 
(1) By reason of death of the borrower, and the marina is transferred to the borrower's heirs. 
(2) Transfer is to another business entity controlled by the borrower, provided that the transaction does not result in a material change in control or ownership of the recreational marina and collateral associated with the loan. 
(g) The loan shall not be subordinated to any future loans obtained by a private marina owner except in those cases involving loans acquired for refinancing previous senior loans. 
(h) A provision that the department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and copy any records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated. 
(i) A provision that the borrower agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. 
NOTE

Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code. Reference: Sections 76.3, 76.6 and 85.2, Harbors and Navigation Code; and Department of General Services (DGS), Standard Agreement Language, as found in GTC 699 (and as may be subsequently amended by DGS). 
HISTORY

1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
§5176. Default Remedies.
Note     •     History

Upon the occurrence of a default, the department: 
(a) Has and may exercise all rights and remedies accorded to the department by law, including but not limited to the provisions and remedies contained in the California Uniform Commercial Code; 
(b) May declare all unperformed obligations, in whole or in part, of borrower immediately due and payable without demand or notice; 
(c) May require borrower to take any and all action necessary to transfer the collateral in an amount equal to the unpaid balance of the loan to the secured party; 
(d) May deposit all funds obtained from the sale of collateral, less reasonable costs of recovery or maintenance of property, to the Harbors and Watercraft Revolving Fund. 
NOTE

Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code. Reference: Sections 76.3, 77.1 and 85.2, Harbors and Navigation Code.
HISTORY

1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
Article 2. Vessel Waste Disposal [Repealed]
HISTORY

1. Order of Repeal of Article 2 (Section 5200) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26). 
Article 3. Boating Accident and Casualty Reporting
§6500. Purpose. [Repealed]
History

HISTORY

1. Amendment filed 5-11-71; effective thirtieth day thereafter (Register 71, No. 20). For prior history, see Register 66, No. 43.
2. Repealer and new section filed 10-3-73 as an emergency; effective upon filing (Register 73, No. 40).
3. Certificate of Compliance filed 11-30-73 (Register 73, No. 48). 
4. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26). 
§6501. Applicability.
Note     •     History

(a) This article applies to each vessel used on waters subject to the jurisdiction of the State of California and on the high seas for vessels whose last port of call was within the State of California that:
(1) Is used by its operator for recreational purposes; or
(2) Is required to be numbered under Section 9850 of the California Vehicle Code.
(b) This article does not apply to a vessel required to have a certificate of inspection under Chapter 1 of Title 46, Code of Federal Regulations.
NOTE

Authority cited: Section 656, Harbors and Navigation Code. Reference: Section 656, Harbors and Navigation Code.
HISTORY

1. New section filed 10-3-73 as an emergency; effective upon filing (Register 73, No. 40).
2. Certificate of Compliance filed 11-30-73 (Register 73, No. 48).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§6502. Immediate Notification of Death or Disappearance.
Note     •     History

(a) When, as a result of an occurrence that involves a vessel or its equipment, a person dies or disappears from a vessel, the operator shall, without delay, by the quickest means available, notify the Department of Boating and Waterways and the nearest enforcement agency having jurisdiction over the waterbody of:
(1) The date, time, and exact location of the occurrence;
(2) The name of each person who died or disappeared;
(3) The registration number or name of the vessel as documented, and
(4) The names and addresses of the owner and operator.
(b) When the operator of a vessel cannot give the notice required by paragraph (a) of this section, each person on board the vessel shall notify the Department of Boating and Waterways and the enforcement agency having jurisdiction over the waterbody or determine that the notice has been given.
NOTE

Authority cited: Section 656, Harbors and Navigation Code. Reference: Section 656, Harbors and Navigation Code.
HISTORY

1. New section filed 10-3-73 as an emergency; effective upon filing (Register 73, No. 40).
2. Certificate of Compliance filed 11-30-73 (Register 73, No. 48).
3. Amendment filed 2-16-79 as procedural and organizational; effective upon filing (Register 79, No. 7).
4. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§6503. Peace Officer Reports to Department.
Note     •     History

Pursuant to section 656(d) of the Harbors and Navigation Code, a peace officer or harbor policeman, upon receiving an initial report of a casualty involving the death or disappearance of a person as a result of a boating occurrence, shall immediately forward such report, by quickest means available, to the Department of Boating and Waterways in Sacramento.
NOTE

Authority cited: Section 656, Harbors and Navigation Code. Reference: Section 656, Harbors and Navigation Code.
HISTORY

1. New section filed 10-3-73 as an emergency; effective upon filing (Register 73, No. 40).
2. Certificate of Compliance filed 11-30-73 (Register 73, No. 48).
3. Amendment filed 2-16-79 as procedural and organizational; effective upon filing (Register 79, No. 7).
4. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
5. Amendment replacing “656(e)” with “656(d)” filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§6504. Boat Accident Reports in Writing.
Note     •     History

(a) The operator(s) or owner(s) of the boat(s) shall, in addition to the report required by section 6502, submit a written report(s) on forms provided by the Department of Boating and Waterways, directly to the State of California, Department of Boating and Waterways, to the address shown on the forms when, as a result of an occurrence that involves the vessel or its equipment:
(1) A person dies;
(2) A person is injured and requires medical treatment beyond first aid;
(3) Damage to the vessel and other property damage totals more than $500, or there is a complete loss of a vessel; or
(4) A person disappears from the vessel under circumstances that indicate death or injury.
(b) A report required by this section must be made within forty-eight hours of the occurrence if:
(1) A person dies within twenty-four hours of the occurrence;
(2) A person disappears;
(3) A person is injured and receives medical treatment beyond first aid.
(c) A report required by this section must be made within ten days of the occurrence if an earlier report is not required by this section if:
(1) A person dies more than twenty-four hours after the occurrence;
(2) Damage to the vessel and other property damage totals more than $500, or there is a complete loss of a vessel.
NOTE

Authority cited: Section 656, Harbors and Navigation Code. Reference: Section 656, Harbors and Navigation Code.
HISTORY

1. New section filed 10-3-73 as an emergency; effective upon filing (Register 73, No. 40).
2. Certificate of Compliance filed 11-30-73 (Register 73, No. 48).
3. Amendment filed 2-16-79 as procedural and organizational; effective upon filing (Register 79, No. 7).
4. Amendment filed 5-13-80; effective thirtieth day thereafter (Register 80, No. 20).
5. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
6. Amendment of subsection (a)(2) replacing “$200” with “$500”; subsection (b) replacing “article” with “section”; subsection (c) replacing “unless” with “if”; and subsection (c)(2) replacing “$200” with “$500” filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
7. Change without regulatory effect amending subsection (a) filed 4-30-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 18).
§6505. Content.
Note     •     History

Each accident report must be in writing, dated upon completion, and signed by the person who prepared it, and must contain, if available, at least the following information about the accident:
(a) The registration numbers or names as documented of each vessel involved.
(b) The name and address of each owner of each vessel involved.
(c) The name of the nearest city or town, the county, the state, and the body of water.
(d) The time and date the casualty or accident occurred.
(e) The location on the water.
(f) The visibility, weather, and water conditions.
(g) The estimated air and water temperatures.
(h) The name, address, age, or date of birth, telephone number, vessel operating experience, and boating safety training of the operator making the report.
(i) The name and address of each operator of each vessel involved.
(j) The number of persons on board and towed on skis by each vessel.
(k) The name, address, and date of birth of each person who died, was injured or disappeared.
(l) The cause of each death.
(m) Weather forecasts available to, and weather reports used by, the operator before and during the use of each vessel.
(n) The name and address of each owner of property involved.
(o) The number, availability, and use of personal flotation devices.
(p) The type and size of each fire extinguisher used.
(q) The nature and extent of each injury.
(r) A description of all property damage and vessel damage with an estimate of the cost of all repairs.
(s) A description of each equipment failure that caused or contributed to the cause of the casualty or accident.
(t) A description of the vessel casualty or accident.
(u) The type of vessel operation (cruising, drifting, fishing, hunting, skiing, racing or other) and the type of accident (capsizing, sinking, fire, explosion, or other).
(v) The opinion of the person making the report as to the cause of the accident.
(w) The make, model, type (open, cabin, house, or other), beam width at widest point, length, depth from transom to keel, horsepower, propulsion (outboard, inboard, inboard/outdrive, sail, or other), fuel (gas, diesel, or other), construction (wood, steel, aluminum, plastic, fiberglass, or other), and year built (model year) of the reporting operator's vessel.
(x) The name, address, and telephone number of each witness.
(y) The manufacturer's hull identification number, if any, of reporting operator's vessel.
(z) The name, address, and telephone number of the person submitting the report.
NOTE

Authority cited: Section 656, Harbors and Navigation Code. Reference: Section 656, Harbors and Navigation Code.
HISTORY

1. New section filed 10-3-73 as an emergency; effective upon filing (Register 73, No. 40).
2. Certificate of Compliance filed 11-30-73 (Register 73, No. 48).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
Article 4. Equipment Requirements
§6550. Purpose. [Repealed]
History

HISTORY

1. Repealer of Article 4 ( §§ 6550 through 6576) and new Article 4 ( §§ 6550 through 6576) filed 5-11-71; effective thirtieth day thereafter (Register 70, No. 20). For prior history, see Registers 63, No. 19; 65, Nos. 13 and 15; 66, No. 43; 67, No. 23.
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26). 
§6550.5. Scope of Articles 4 and 5.
Note     •     History

(a) The regulations in this article and in Article 5 apply to vessels operating on the waters which are subject to the jurisdiction of this state. All vessels complying with the construction and equipment requirements of the International Regulations for Preventing Collisions at Sea, 1972, are considered to be in compliance with these Rules.
(b) Where federal law, including the United States Coast Guard regulations, provides an exemption to any of the provisions of the federal equipment or operation requirements which conform to the state requirements set forth in Articles 4 and 5 of this chapter, that exemption shall also apply to the state requirements.
(c) A peace officer or harbor policeman authorized to enforce the provisions of Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code may inspect a vessel using California waterways for compliance with safety laws, rules, or regulations where the officer has probable cause or a reasonable suspicion to believe that a violation of the laws, rules, or regulations exists.
(d)(1) A peace officer authorized to enforce the provisions of Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code may order the operator of an unsafe vessel to remove that vessel to the shore or to a safe moorage or anchorage in accordance with the requirements of this subsection. An officer may order an unsafe vessel so removed where it is being operated with one or more of the hazardous conditions, described in subdivision (2), where those conditions cannot be corrected on the spot, and where, in the judgment of the officer, continued operation of the vessel would create an immediate danger to life, limb, or property.
(2) For purposes of subdivision (1), a vessel is operated in a hazardous condition whenever the vessel:
(A) Is used without sufficient personal flotation devices, as prescribed by Section 6565 of this article;
(B) Is used without sufficient firefighting devices, as prescribed by Section 6569 of this article;
(C) Does not display required navigation lights between sunset and sunrise, as prescribed by Section 6600.1 of Article 5;
(D) Has fuel leakage from either the fuel system or engine, or both;
(E) Has accumulation of fuel in bilges or compartment other than a fuel tank;
(F) Does not have legal and serviceable ventilation system, as prescribed by Section 6575 of this article;
(G) Does not have proper backfire flame control system, as prescribed by Section 6574 of this article;
(H) Is overloaded to the extent that there exists so little freeboard that the danger of sinking or capsizing may be imminent.
A person operating an unsafe vessel, as specified in this subdivision shall remove it to the shore or to a safe moorage or anchorage as directed by the peace officer.
(e)(1) If a vessel is in an unseaworthy condition, as described in subdivision (2), a peace officer or harbor policeman authorized to enforce Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code may undertake any or all of the following courses of action:
(A) Issue a written notice to appear in court to the owner or operator of the vessel in accordance with Section 664 of the Harbors and Navigation Code.
(B) Terminate the voyage of a vessel underway.
(C) Have a vessel removed from the water.
(2) For purposes of subdivision (1) a vessel is in an unseaworthy condition if any or all of the following conditions exist:
(A) The vessel is unsuitable, unsafe or unable to travel on waters of the state, when there is risk to life, limb, or property.
(B) The vessel creates an environmental hazard in violation of any state or federal environmental protection laws.
(C) The vessel's hulls or decks are in any of the following conditions:
(i) In a state of disrepair, delaminating or decomposition.
(ii) Taking on water beyond that which can be controlled.
(iii) Lacking water-tight integrity insofar as it cannot maintain level flotation without extraordinary measures, or is likely to sink or capsize due to water intrusion.
NOTE

Authority cited: Sections 652 and 655, Harbors and Navigation Code. Reference: Sections 650, 652, 655, 663, 663.5, 663.6 and 664, Harbors and Navigation Code; and PL 96-591, Rule 1(b)(ii).
HISTORY

1. Amendment filed 5-13-80; effective thirtieth day thereafter (Register 80, No. 20).
2. Amendment of subsections (a), (d)(8) and (e) filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
3. Order of Repeal of subsection (e) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
4. Amendment of subsections (a) and (d)(3) filed 8-28-86; effective thirtieth day thereafter (Register 86, No. 34).
5. Amendment of subsection (d)(2) filed 11-25-87; operative 12-25-87 (Register 87, No. 49). 
6. Amendment of section and Note filed 8-12-2010; operative 9-11-2010 (Register 2010, No. 33).
§6551. Invalidity of Provision or of Application to Particular Person or Circumstance.
Note     •     History

If any provision of this article, or its application to any person or circumstance, is held invalid the remainder of this article, and the application of its provisions to any other person or circumstance, is not affected.
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Sections 650 and 652, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§6552. Definitions.
Note     •     History

As used in Articles 4 and 5:
(a) “Approved” means approved by the Commandant of the United States Coast Guard.
(b) “Barge” means any nonself-propelled vessel.
(c) “Carrying passengers for hire” means the carriage of a person by a vessel for a valuable consideration, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person interested in the vessel.
(d) “Ferry” includes a vessel having provisions only for deck passengers and/or vehicles, operating on a short run on a frequent schedule between two points over the most direct water route, and offering a public service of a type normally attributed to a bridge or tunnel. “Ferry” does not include a vessel navigating the water of the ocean.
(e) “Fire extinguisher” means a marine-type fire extinguisher, as approved by the Commandant of the Coast Guard.
(f) “High Seas” means:
(1) Crescent City Harbor. Those waters outside of a line drawn from Crescent City Entrance Light to the southeasternmost extremity of Whaler Island.
(2) Arcata-Humboldt Bay. Those waters outside of a line drawn from Humboldt Bay Entrance Light 4 to Humboldt Bay Entrance Light 3.
(3) Noyo River. Those waters outside of a line drawn from Noyo River Entrance Daybeacon 4 to Noyo River Entrance Light 5.
(4) Albion River. Those waters outside of a line drawn on an axis of 030 true through Albion River Light 1 across Albion Cove.
(5) Bodega Bay. Those waters outside of a line drawn from the seaward extremity of Bodega Harbor North Breakwater to Bodega Harbor Entrance Light 1.
(6) Tomales Bay. Those waters outside of an east-west line drawn from Sand Point to Avalis Beach.
(7) San Francisco Harbor. Those waters outside of a straight line drawn from Point Bonita Light through Mile Rocks Light to the shore.
(8) Pillar Point Harbor. Those waters outside of a line drawn from Pillar Point Harbor Light 6 to Pillar Point Harbor Entrance Light.
(9) Santa Cruz Harbor. Those waters outside of a line drawn from the seaward extremity of the Santa Cruz Harbor East Breakwater to Santa Cruz Harbor West Breakwater Light; thence to Santa Cruz Light.
(10) Moss Landing Harbor. Those waters outside of a line drawn from the seaward extremity of the pier located 0.3 mile south of Moss Landing Harbor entrance to the seaward extremity of the Moss Landing Harbor North Breakwater.
(11) Monterey Harbor. Those waters outside of a line drawn from Monterey Harbor Light 6 to the northern extremity of Monterey Municipal Wharf 2.
(12) Estero-Morro Bay. Those waters outside of a line drawn from the seaward extremity of the Morro Bay East Breakwater to the Morro Bay West Breakwater Light.
(13) San Luis Obispo Bay. Those waters outside of a line drawn from the southernmost extremity of Fossil Point to the seaward extremity of Whaler Island Breakwater.
(14) Santa Barbara Harbor. Those waters outside of a line drawn from Santa Barbara Harbor Light 4 to Santa Barbara Harbor Breakwater Light.
(15) Ventura Marina. Those waters outside of a line drawn from Ventura Marina South Jetty Light 6 to Ventura Marina Breakwater South Light 3; thence to Ventura Marina North Jetty Light 7.
(16) Channel Islands Harbor.
(A) Those waters outside of a line drawn from Channel Islands Harbor South Jetty Light 2 to Channel Islands Harbor Breakwater South Light 1.
(B) Those waters outside of a line drawn from Channel Islands Harbor Breakwater North Light to Channel Islands Harbor North Jetty Light 5.
(17) Port Hueneme. Those waters outside of a line drawn from Port Hueneme East Jetty Light 4 to Port Hueneme West Jetty Light 3.
(18) Marina del Rey.
(A) Those waters outside of a line drawn from Marina del Rey Breakwater South Light 1 to Marina del Rey Light 4.
(B) Those waters outside of a line drawn from Marina del Rey Breakwater North Light 2 to Marina del Rey Light 3.
(C) Those waters outside of a line drawn from Marina del Rey Light 4 to the seaward extremity of the Ballona Creek South Jetty.
(19) Redondo Harbor. Those waters outside of a line drawn from Redondo Beach East Jetty Light 2 to Redondo Beach West Jetty Light 3.
(20) San Pedro Bay-Anaheim Bay.
(A) Those waters outside of a line drawn across the seaward extremities of Anaheim Bay Entrance Jetties; thence to Long Beach Breakwater East End Light 1.
(B) Those waters outside of a line drawn from Long Beach Channel Entrance Light 2 to Long Beach Light.
(C) Those waters outside of a line drawn from Los Angeles Main Entrance Channel Light 2 to Los Angeles Light.
(21) Newport Bay. Those waters outside of a line drawn from Newport Bay East Jetty Light 4 to Newport Bay West Jetty Light 3.
(22) Santa Catalina Island. Those waters within the harbors of Santa Catalina Island.
(23) Dana Point Harbor. Those waters outside of a line drawn from Dana Point Jetty Light 6 to Dana Point Breakwater Light 5.
(24) Oceanside Harbor. Those waters outside of a line drawn from Oceanside South Jetty Light 4 to Oceanside Breakwater Light 3.
(25) Mission Bay. Those waters outside of a line drawn from Mission Bay South Jetty Light 2 to Mission Bay North Jetty Light 1.
(26) San Diego Harbor. Those waters outside of a line drawn from Zuniga Jetty Light “V” to Zuniga Jetty Light “Z”; thence to Point Loma Light.
(27) Other Entrances. At all buoyed entrances from seaward to bays, sounds, rivers, or other estuaries for which specific lines are not described in this section, the waters outside of a line approximately parallel with the general trend of the shore, drawn through the outermost buoy or buoys or other aid to navigation of any system of aids.
(g) “Inland Waters” means any waters within the territorial limits of California other than those that are defined in Section 6552(f) of these regulations as the “high seas.”
(h) “Machinery” includes an inboard or outboard engine and any other type of motor or mechanical device capable of propelling a vessel.
(i) “Nonself-propelled vessel” means a vessel without sufficient means for self-propulsion and is required to be towed.
(j) “Operator” means the person who operates or who has charge of the navigation or use of a vessel.
(k) “Passenger” means every person, other than the master and a member of the crew or other persons employed or engaged in any capacity on board a vessel in the business of that vessel.
(l) “Power driven vessel” means any vessel propelled by machinery.
(m) “Sailing vessel” means any vessel under sail provided that propelling machinery, if fitted, is not being used.
(n) “Ship's lifeboat” means a lifeboat used solely for lifesaving purposes and does not include dinghies, tenders, speedboats, or other types of craft carried aboard a vessel and used for other than lifesaving purposes.
(o) “Whistle” means any sound signaling appliance capable of producing the prescribed blasts.
(p) “Boat” means any vessel which is any of the following:
(1) Manufactured or used primarily for noncommercial use.
(2) Leased, rented, or chartered to another for the latter's noncommercial use.
(3) Engaged in the carrying of six or fewer passengers, including those for-hire vessels carrying more than three passengers while using inland waters of the state that are not declared navigable by the United States Coast Guard.
(4) Commercial vessels required to be numbered pursuant to Section 9850 of the Vehicle Code.
(q) “Vessel” includes every description of water craft, including nondisplacement craft and seaplanes, used or capable of being used as a means of transportation on water;
(r) “Seaplane” includes any aircraft designed to maneuver on the water.
(s) “Vessel engaged in fishing” means any vessel fishing with nets, lines, trawls, or other fishing apparatus which restricts maneuverability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict maneuverability;
(t) “Vessel not under command” means a vessel which, through some exceptional circumstance, is unable to maneuver as required by these Rules, and is, therefore, unable to keep out of the way of another vessel.
(u) “Vessel restricted in her ability to maneuver” means a vessel which, from the nature of her work, is restricted in her ability to maneuver as required by these Rules, and is, therefore, unable to keep out of the way of another vessel; vessels restricted in their ability to maneuver include, but are not limited to:
(1) A vessel engaged in laying, servicing, or picking up a navigation mark, submarine cable, or pipeline;
(2) A vessel engaged in dredging, surveying, or underwater operations;
(3) A vessel engaged in replenishment or transferring persons, provisions, or cargo while underway;
(4) A vessel engaged in the launching or recovery of aircraft;
(5) A vessel engaged in minesweeping operations; and
(6) A vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.
(v) “Underway” means that a vessel is not at anchor, or made fast to the shore, or aground.
(w) “Length” and “breadth” of a vessel mean her length overall and greatest breadth.
(x) Vessels shall be deemed to be in sight of one another only when one can be observed visually from the other.
(y) “Restricted visibility” means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms, or any other similar causes.
NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment of subsection (f) filed 10-13-72; effective thirtieth day thereafter (Register 72, No. 42).
2. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
3. Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
4. Amendment filed 4-26-78; effective thirtieth day thereafter (Register 78, No. 17).
5. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
6. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
7. Amendment of subsection (f) filed 8-28-86; effective thirtieth day thereafter (Register 86, No. 35). 
§6553. Classes of Motorboats. [Repealed]
History

HISTORY

1. Repealer filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4). 
§6554. Measurement. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 
§6555. Equipment for Sound Signals. [Repealed]
Note     •     History

NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code; and PL 96-591, Rule 33.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 
3. Repealer filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6556. Whistle or Other Sound-Producing Mechanical Appliance--While Operating on Inland Waters. [Repealed]
Note     •     History

NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code; and PL 96-591, Annex II.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 
3. Repealer filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6557. Equipment for Sound Signals--While Operating on the “High Seas.” [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652, 655.3 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
3. Repealer filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6557.1. Technical Details of Sound Signal Appliances Required for Use on Vessels Operating on the “High Seas.” [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652, 655.3 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
3. Repealer filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6558. Foghorn. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6559. Foghorn--While Operating on Inland Waters. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6560. Foghorn--While Operating on the “High Seas.” [Repealed]
History

HISTORY

1. Repealer filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
§6561. Bell and Other Fog Sound Signal Devices. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6562. Bell and Other Fog Sound Signal Devices--While Operating on Inland Waters. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6563. Bell and Other Sound Signal Devices--While Operating on the “High Seas.” [Repealed]
History

HISTORY

1. Repealer filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
§6564. Personal Flotation Devices.
Note     •     History

Pursuant to Section 652, Harbors and Navigation Code, a vessel being operated on the waters of this State shall carry personal flotation equipment as prescribed in Sections 6565 to 6566, inclusive.
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. Amendment filed 4-5-72; effective thirtieth day thereafter (Register 72, No. 15).
2. Amendment filed 8-21-73; designated effective 10-1-73 (Register 73, No. 34).
3. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
4. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§6565. Personal Flotation Devices for Boats.
Note     •     History

In accord with Federal regulations (33 CFR Part 175), a boat or recreational boat shall be equipped with personal flotation devices as set forth in sections 6565.2 through 6565.9.
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. Repealer and new section filed 8-21-73; designated effective 10-1-73 (Register 73, No. 34). For former section, see Register 72, No. 15.
2. Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
4. Amendment substituting “6565.2” for “6565.1” filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§6565.1. Applicability. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 38, 82, 652, 655.3 and 669, Harbors and Navigation Code. Reference: Division 3, Chapter 5, Harbors and Navigation Code.
HISTORY

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26). 
§6565.2. Definitions.
Note     •     History

As used in sections 6565.2 through 6565.8:
(a) “Boat” means any vessel manufactured or used primarily for noncommercial use; leased, rented, or chartered to another for the latter's noncommercial use; or engaged in the carrying of six or fewer passengers.
(b) “Recreational boat” means any vessel manufactured or used primarily for noncommercial use; or leased, rented, or chartered to another for the latter's noncommercial use. It does not include a vessel engaged in the carrying of six or fewer passengers.
(c) “Vessel” includes every description of watercraft other than a seaplane on the water, used or capable of being used as a means of transportation on the water.
(d) “Use” means operate, navigate, or employ.
(e) “Passenger” means every person carried on board a vessel other than:
(1) The owner or his representative;
(2) The operator;
(3) Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or
(4) Any guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his carriage.
(f) “Racing shell, rowing scull, racing canoes and racing kayak,” means a manually-propelled boat that is recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing.
NOTE

Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment substituting “6565.2” for “6565.1” filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
4. Amendment of first paragraph, subsection (f) and Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6565.3. Applicability.
Note     •     History

Sections 6565.2 through 6565.8 apply to all recreational boats that are propelled or controlled by machinery, sails, oars, paddles, poles, or another vessel except racing shells, rowing sculls, racing canoes, and racing kayaks.
NOTE

Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment substituting “6565.2” for “6565.1” filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
4. Amendment of section and Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6565.4. Definitions.
Note     •     History

As used in sections 6565.2 through 6565.8:
(a) “Personal flotation device” means a device that is approved by the Commandant under 46 CFR Part 160.
(b) “PFD” means “personal flotation device.”
NOTE

Authority cited: Sections 652 and 669, Harbors and Navigation Code.Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment substituting “6565.2” for “6565.1” filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
4. Amendment of first paragraph and Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6565.5. Personal Flotation Devices Required.
Note     •     History

Except as provided in Section 6565.6:
(a) Effective January 1, 1998, no person may use a recreational boat unless at least one PFD of the following types is on board for each person:
(1) Type I PFD,
(2) Type II PFD, or
(3) Type III PFD.
(b) Prior to January 1, 1998, a Type IV may be carried in lieu of any Type I, II, or III PFD, for each person on board a recreational boat less than 16 feet in length or any canoe or kayak of any length.
(c) No person may use a recreational boat 16 feet or more in length, except a canoe or kayak, unless
(1) One Type IV PFD is on board, and
(2) At least one PFD of the following types is on board for each person:
(i) Type I PFD;
(ii) Type II PFD; or
(iii) Type III PFD.
NOTE

Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Change without regulatory effect amending subsections (a)(1)-(a)(3) filed 7-2-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 28).
4. Editorial correction of printing errors (Register 92, No. 28).
5. Amendment of section and Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6565.6. Exceptions.
Note     •     History

A Type V PFD may be carried in lieu of any PFD required under Section 6565.5 provided:
(a) The approval label on the Type V PFD indicates that the device is approved:
(1) For the activity in which the boat is being used; or
(2) As a substitute for a PFD of the Type required on the boat in use;
(b) The PFD is used in accordance with any requirements on the approval label; and
(c) The PFD is used in accordance with requirements in its owner's manual, if the approval label makes reference to such a manual.
NOTE

Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. New subsection (b) filed 8-28-86; effective thirtieth day thereafter (Register 86, No. 35).
4. Repealer and new section filed 10-17-91; operative 11-18-91 (Register 92, No. 30).
5. Amendment of section and Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6565.7. Stowage.
Note     •     History

(a) No person may use a recreational boat unless each Type I, II or III PFD required by Section 6565.5 or equivalent type allowed by 6565.6 is readily accessible.
(b) No person may use a recreational boat unless each Type IV PFD required by Section 6565.5 or equivalent type allowed by 6565.6 is immediately available.
NOTE

Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment filed 10-17-92; operative 11-18-91 (Register 92, No. 30).
4. Amendment of Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6565.8. Conditions; Size and Fit; Approval Marking.
Note     •     History

No person may use a recreational boat unless each PFD required by Section 6565.5 or allowed by Section 6565.6 is:
(a) In serviceable condition;
(b) Of an appropriate size and fit for the intended wearer, as marked on the approval label; and
(c) Legibly marked with its approval number, as specified in 46 CFR Part 160.
NOTE

Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment filed 10-17-92; operative 11-18-91 (Register 92, No. 30).
4. Amendment of Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6565.9. Personal Flotation Device Equivalents. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652, 655.3 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Repealer filed 10-17-91; operative 11-18-91 (Register 92, No. 30).
§6566. Life Preservers and Lifesaving Equipment--Passengers-for-Hire Vessels.
Note     •     History

(a) In accordance with Federal regulation (46 CFR, Part 25.25), commercial vessels and those carrying passengers for hire shall be equipped with life preservers and other lifesaving equipment as follows:
(1) Application. This section applies to each vessel to which this section applies, except:
(A) Vessels used for noncommercial use;
(B) Vessels leased, rented, or chartered to another for the latter's noncommercial use;
(C) Commercial vessels propelled by sail not carrying passengers for hire; or
(D) Commercial barges not carrying passengers for hire.
(2) Definitions. As used in this section:
(A) “Approved” means approved by the Commandant under 46 CFR, Part 160.
(B) “Use” means operate, navigate, or employ.
(3) Life preservers and other lifesaving equipment required.
(A) No person may operate a vessel to which this section applies unless it meets the requirements of this section.
(B) Each vessel not carrying passengers for hire less than 40 feet in length, must have at least one life preserver, buoyant vest, or special purpose water safety buoyant device intended to be worn approved by the Commandant under 46 CFR, Part 160, of a suitable size for each person on board. Kapok and fibrous glass life preservers that do not have plastic-covered pad inserts are not acceptable as equipment required by this paragraph.
(C) Each vessel carrying passengers for hire and each vessel 40 feet in length or longer not carrying passengers for hire must have at least one approved life preserver of a suitable size for each person on board. Kapok and fibrous glass life preservers which do not have plastic-covered pad inserts are not acceptable as equipment required by this paragraph.
(D) Each vessel 26 feet in length or longer must have at least one ring life buoy approved under Title 46, CFR, Subparts 160.009 or 160.050, in addition to the equipment required in paragraph (B) or (C) of this section.
(E) On each vessel, regardless of length and regardless of whether carrying passengers for hire, an approved commercial hybrid PFD may be substituted for a life preserver, buoyant vest, or marine buoyant device required by paragraphs (B) or (C) of this section, only if it is:
1. Worn when the vessel is underway and the intended wearer is not within an enclosed space;
2. Used in accordance with the conditions marked on the PFD and in the owner's manual; and
3. Labeled for use on uninspected commercial vessels.
(F) Each vessel not carrying passengers for hire may substitute an exposure suit for a life preserver, buoyant vest, or marine buoyant device required under paragraphs (B) or (C) of this section. Each exposure suit carried in accordance with this paragraph must be of a type approved under Title 46, CFR, Subpart 160.071.
(4) Marking. The lifesaving equipment required by this section must be legibly marked as specified in 46 CFR, Part 160.
(5) Storage.
(A) The lifesaving equipment designed to be worn as required in subsection (3), (B) (C) and (E) must be readily accessible.
(B) Lifesaving equipment designed to be thrown as required in subsection (3) (D) must be immediately available.
(6) Condition. The lifesaving equipment required by this section must be in serviceable condition.
(7) Retroreflective material for personal flotation devices.
(A) Each life preserver, each marine buoyant device intended to be worn, and each buoyant vest carried on a vessel to which this section applies, must have Type I retroreflective material that is approved under 6 CFR, Subpart 164,018.
(B) Each item required to have retroreflective material must have at least 200 sq. cm (31 sq. in.) of material attached to the front side, at least 200 sq. cm of material on its back side, and if the item is reversible, at least 200 sq. cm of material on each of its reversible sides. The material attached on each side of the item must be divided equally between the upper quadrants of the side, and the material in each quadrant must be attached as closely as possible to the shoulder area of the item.
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Sections 650 and 652, Harbors and Navigation Code.
HISTORY

1. Repealer and new section filed 8-21-73; designated effective 10-1-73 (Register 73, No. 34). For former section, see Register 72, No. 15.
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment filed 8-28-86; effective thirtieth day thereafter (Register 86, No. 35).
4. Amendment filed 11-25-87; operative 12-25-87 (Register 87, No. 49).
§6567. Life Preserver and Other Lifesaving Equipment--Class 3(b) Motorboat. [Repealed]
History

HISTORY

1. Repealer filed 8-21-73; designated effective 10-1-73 (Register 73, No. 34).
§6568. Life Preserver and Other Lifesaving Equipment--Barge Carrying Passengers for Hire. [Repealed]
History

HISTORY

1. Repealer filed 8-21-73; designated effective 10-1-73 (Register 73, No. 34).
§6568.1. Lifesaving Devices for Boats Other Than Motorboats. [Repealed]
History

HISTORY

1. New section filed 4-5-72; effective thirtieth day thereafter (Register 72, No. 15).
2. Repealer filed 8-21-73; designated effective 10-1-73 (Register 73, No. 34).
3. Editorial correction deleting text (Register 95, No. 17).
§6569. Fire Extinguishing Equipment.
Note     •     History

Pursuant to Section 652, Harbors and Navigation Code, a boat being operated on the waters of this State shall be provided with fire extinguishers as prescribed in Sections 6570 to 6573, inclusive, which shall at all times be kept in condition for immediate and effective use, and shall be so placed as to be readily accessible.
NOTE

Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment of Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6570. Fire Extinguishing Equipment--Definitions.
Note     •     History

(a) A “B” type fire extinguisher means a fire extinguisher system suitable for extinguishing fires involving flammable liquids, greases, etc.
(b) “Hand-portable fire extinguisher” means a fire extinguisher of either of the following minimum sizes:

		Carbon	Dry	
	Foam	dioxide,	chemicals,	Freon,
Size	gallons	pounds	pounds	pounds
I	 1 1/4	4	2	2 1/2
II	 2 1/2	15	10	--
(c) “Semiportable fire extinguisher” means a fire extinguisher system of the following size or larger which is fitted with suitable hose and nozzle or other practicable means so that all portions of the space concerned may be covered.

		Carbon	Dry
	Foam	dioxide,	chemicals,
Size	gallons	pounds	pounds
III	 12	35	20
(d) “Fixed fire extinguishing system” means a fire extinguishing system of an approved carbon dioxide type, designed and installed in agreement with the applicable provisions of subpart 76.15 of subchapter H of Title 46, Code of Federal Regulations, as amended.
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. Amendment of subsection (b) filed 10-13-72; effective thirtieth day thereafter (Register 72, No. 42).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§6571. Fire Extinguishing Equipment--  Vaporizing--Liquid Type.
Note     •     History

A vaporizing-liquid type fire extinguisher containing carbon tetrachloride or chlorobromomethane or other toxic vaporizing liquids are not acceptable as equipment required by Section 6573.
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§6572. Fire Extinguishing Equipment--Markings Required.
Note     •     History

(a) Each hand portable fire extinguisher and semiportable fire extinguishing system shall have permanently attached thereto a metallic name plate giving the
(1) Name of the item
(2) Rated capacity in gallons, quarts, or pounds
(3) Name of the person or firm for whom approved
(4) Address of the person or firm for whom approved, and
(5) The identifying mark of the actual manufacturer.
(b) Each hand portable fire extinguisher and semiportable fire extinguisher shall bear a label containing the “marine type” listing manifest issued by a recognized laboratory, as defined in 46 CFR 162.028-5 and 162.039-5. This label will include the classification of the extinguisher in accordance with the Coast Guard approval number, thus: “Marine Type USCG Type ________ , Approval No. 162.028/________ , or 162.039/Ex. ____.”
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. Amendment filed 10-31-83; effective thirtieth day thereafter (Register 83, No. 45).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§6573. Fire Extinguishing Equipment--Requirements.
Note     •     History

(a) Boat Propelled by Machinery Sixty-five Feet or Less in Length. A boat propelled by machinery 65 feet or less in length shall carry at least the minimum number of hand-portable fire extinguishers set forth in Table 2.

TABLE 2 

		                        	Minimum number of type B-I hand-portable
		                             fire extinguishers required 1             
		Without fixed fire	With fixed fire   
Size of		extinguishing system	extinguishing system
boat	Length, feet	in machinery space	in machinery space 

Under 16		1	0
16 and over, but under 26	 	1	0
26 and over, but under 40	 	2	1
40 and over, but not over 65	3 	2

1One type B-II hand-portable fire extinguisher may be substituted for two type B-I hand-portable fire extinguishers.
(1) Exceptions: A boat of any of the following types is not required to carry a fire extinguisher.
(A) Less than 26 feet in length, not carrying passengers for hire, propelled by an outboard motor, without permanently installed fuel tanks, and of a construction which will not permit the entrapment of explosive or flammable gasses or vapors.
(b) Boat Propelled by Machinery Over Sixty-Five Feet in Length. A boat propelled by machinery over 65 feet in length shall carry at least the minimum number of hand-portable fire extinguishers set forth in Table 3 and in addition shall carry:
(1) One type B-II hand-portable fire extinguisher for each 1,000 B.H.P. of the main engine or fraction thereof. However, not more than six such extinguishers need be carried.
(2) On boats propelled by machinery over 65 feet in length and over 300 gross tons, either one type B-III semi-portable fire extinguishing system shall be fitted, or alternatively, a fixed fire extinguishing system shall be fitted in the machinery space.

TABLE 3

     Gross tonnage		Minimum number of B-II hand-
Over	Not over	portable fire extinguishers   

--	50	 1
50	100	 2
100	500	 3
500	1,000	 6
1,000	--	8

(c) Barge Carrying Passengers.
(1) 65 Feet in Length or Less. A barge 65 feet in length or less carrying passengers, which is regularly operated with a boat propelled by machinery, shall be fitted with hand-portable fire extinguishers as required by Table 2 depending upon the length of the barge.
(2) Over 65 Feet in Length. A barge of over 65 feet in length carrying passengers, which is regularly operated with a boat propelled by machinery, shall be fitted with hand-portable fire extinguishers as required by Table 3, depending upon the gross tonnage of the barge.
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. Amendment filed 10-13-72; effective thirtieth day thereafter (Register 72, No. 42).
2. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
3. Repealer of subsection (a)(1)(B) filed 10-31-83; effective thirtieth day thereafter (Register 83, No. 45).
4. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§6574. Backfire Flame Control.
Note     •     History

Pursuant to Section 652, Harbors and Navigation Code, every gasoline engine installed in a boat after April 25, 1940, except outboard motors, shall be equipped with one of the following:
(a) Backfire flame arrestor, suitably secured to the air intake with flametight connection, that is approved or complies with SAE J-1928 or UL 1111 and marked accordingly.
(b) A reed valve assembly or an air and fuel induction system installed in accordance with SAE J-1928.
(c) Any attachment to the carburetor or location of the engine air induction system by means of which flames caused by engine backfire will be dispersed to the atmosphere outside the vessel in such a manner that the flames will not endanger the vessel, persons on board, or nearby vessels and structures. All attachments shall be of metallic construction with flametight connections and firmly secured to withstand vibration, shock, and engine backfire.
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment of subsections (a) and (b) filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6575. Ventilation.
Note     •     History

(a) Pursuant to Section 652, Harbors and Navigation Code, all boats propelled by machinery being operated on the waters of this State except open boats, and as provided in paragraphs (c) and (d) of this section, the construction or decking over of which is commenced after April 25, 1940, and which use fuel having a flashpoint of 110U F. or less, shall have at least 2 ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment. There shall be at least one exhaust duct installed so as to extend from the open atmosphere to the lower portion of the bilge and at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness and in such a manner so as to prevent displaced fumes from being recirculated.
(b) As used in this section, the term “open boats” means those boats propelled by machinery with all engine and fuel tank compartments, and other spaces to which explosive or flammable gases and vapors from these compartments may flow, open to the atmosphere and so arranged as to prevent the entrapment of such gases and vapors within the vessel.
(c) Boats, as defined in the Federal Boat Safety Act of 1971, built after July 31, 1980, or which are in compliance with 33 CFR, Part 183, are excepted from these requirements.
(d) Boats, as defined in the Federal Boat Safety Act of 1971, built after July 31, 1978, are excepted from the requirements of paragraph (a) for fuel tank compartments that--
(1) Contain a permanently installed fuel tank if each electrical component is ignition protected in accordance with 33 CFR 183.410(a); and
(2) Contain fuel tanks that vent to the outside of the boat.
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment of subsection(a) and new subsections (c) and (d) filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§6575.1. Operator Responsibility.
Note     •     History

No person may operate a boat built after July 31, 1980, that has a gasoline engine for electrical generation, mechanical power, or propulsion unless it is equipped with an operable ventilation system that meets the requirements of Section 6575.5(a), (b), (d), (e), and (f), and 6575.6(a).
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code; and 33 CFR 175.201.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6575.2. Applicability.
Note     •     History

This regulation applies to all new boats that--
(a) Have gasoline engines for electrical generation, mechanical power, or propulsion; and
(b) Are built after July 31, 1980, except that a manufacturer may elect to comply with this subpart at any time after July 31, 1978.
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code; and 33 CFR 183.601.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6575.3. Definitions.
Note     •     History

“AMCA” means Air Moving and Conditioning Association.
“ASTM” means American Society for Testing and Materials.
“Fuel” means gasoline.
“Open to the atmosphere” means a compartment that has at least 15 square inches of open area directly exposed to the atmosphere for each cubic foot of net compartment volume.
“UL” means Underwriters Laboratories, Incorporated.
NOTE

Authority cited: Sections 652 and 656.4, Harbors and Navigation Code. Reference: Sections 650 and 652, Harbors and Navigation Code; and 33 CFR 183.605.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Editorial correction of section number filed 4-12-84 (Register 84, No. 15).
§6575.4. Incorporation by Reference.
Note     •     History

(a) The following standards are incorporated by reference. Copies may be obtained from the sources indicated. They are also available for inspection at the Department of Boating and Waterways; Archives, Secretary of State, 1020 “O” Street, Sacramento, California 95814; Coast Guard Headquarters, 2100 Second Street, S.W., Washington, D.C. 20593-0001; and at the Office of the Federal Register Library, National Archives, Washington, D.C. 20408.
(1) AMCA Standard 210-74, Figure 12, dated 1974, Air Moving and Conditioning Association International, Inc., 30 West University Drive, Arlington Heights, Illinois 60004.
(2) ASTM Standard D-471-79 dated May 1979. American Society for Testing and Materials International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959.
(3) UL Standard 1128, dated August 23, 1977, published by Underwriters Laboratories, Incorporated, is available by contacting COMM-2000, 1414 Brook Drive, Downers Grove, Illinois 60515, telephone number 1 (888) 653-3503, or on the Internet: www.COMM-2000.com.
NOTE

Authority cited: Sections 652 and 656.4, Harbors and Navigation Code. Reference: Sections 650 and 652, Harbors and Navigation Code; and 33 CFR 183.607.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Amendment filed 11-25-87; operative 12-25-87 (Register 87, No. 49).
3. Change without regulatory effect amending section filed 4-30-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 18).
§6575.5. Powered Ventilation System.
Note     •     History

(a) Each compartment in a boat that has a permanently installed gasoline engine with a cranking motor must--
(1) Be open to the atmosphere, or
(2) Be ventilated by an exhaust blower system.
(b) Each exhaust blower or combination of blowers must be rated an at air flow capacity not less than that computed by the formulas given in Table A, Column 2. Blower rating must be determined according to AMCA Standard 210-74, Figure 12, dated 1974, or UL Standard 1128 dated August 23, 1977.
FR=V/2 + 100 FO=0.2V+ 40 M

Table A

Col. 11	 Col. 22	   Col. 33
Below 34	Fr=50	 Fo=20
34 to 100	Fr=1.5V	 Fo=0.6V
Over 100	Fr=V/2 + 100	 Fo=0.2V + 40

1 Net compartment volume of engine compartment and compartments open thereto (V) cubic feet.
2 Rated blower capacity (Fr) cubic feet per minute.
3 Blower system output (Fo) cubic feet per minute.
(c) Each exhaust blower system required by paragraph (a) (2) of this section must exhaust air from the boat at a rate which meets the requirements of Table A, Column 3, when the engine is not operating.
(d) Each intake duct for an exhaust blower must be in the lower one-third of the compartment and above the normal level of accumulated bilge water.
(e) More than one exhaust blower may be used in combination to meet the requirements of this section.
(f) Each boat that is required to have an exhaust blower must have a label that--
(1) Is located as close as practicable to each ignition switch;
(2) Is in plain view of the operator; and
(3) Has at least the following information: WARNING--GASOLINE VAPORS CAN EXPLODE. BEFORE STARTING ENGINE, OPERATE BLOWER FOR 4 MINUTES AND CHECK ENGINE COMPARTMENT BILGE FOR GASOLINE VAPORS.
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code; and 33 CFR 183.610.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6575.6. Natural Ventilation System.
Note     •     History

(a) Except for compartments open to the atmosphere, a natural ventilation system that meets the requirements of Section 6575.7 must be provided for each compartment in a boat that--
(1) Contains a permanently installed gasoline engine;
(2) Has openings between it and a compartment that requires ventilation, where the aggregate area of those openings exceeds two percent of the area between the compartments, except as provided in paragraph (c) of this section;
(3) Contains a permanently installed fuel tank and an electrical component that is not ignition protected in accordance with 33 CFR 183.410(a);
(4) Contains a fuel tank that vents into that compartment; or
(5) Contains a nonmetallic fuel tank with an aggregate permeability rate of more than the greater of 1.2 grams of fuel loss in 24 hours, or 1.2 grams of fuel loss in 24 hours per cubic foot of net compartment volume. Reference fuel “C” at 40 C plus or minus 2 C from ASTM standard D-471-79, dated May, 1979, is to be used in determining the permeability rate.
(b) Each natural ventilation system must be constructed so that--
(1) Each supply opening required in Section 6575.7 is located on the exterior surface of a boat; or
(2) Air will flow into or out of the supply or exhaust openings required in Section 6575.7 when the boat is in a wind flowing from bow to stern at a velocity of ten miles per hour when the engine is not operating.
(c) An accommodation compartment above a compartment requiring ventilation that is separated from the compartment requiring ventilation by a deck or other structure is excepted from paragraph (a)(2) of this section.
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code; and 33 CFR 183.620.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Amendment of subsections (a)(5) and (b)(1) filed 11-25-87; operative 12-25-87 (Register 87, No. 49).
§6575.7. Standards for Natural Ventilation.
Note     •     History

(a) For the purpose of Section 6575.6, “natural ventilation” means an airflow in a compartment in a boat achieved by having--
(1) A supply opening or duct from the atmosphere or from a ventilated compartment or from a compartment that is open to the atmosphere; and
(2) An exhaust opening into another ventilated compartment or an exhaust duct to the atmosphere.
(b) Each exhaust opening or exhaust duct must originate in the lower third of the compartment.
(c) Each supply opening or supply duct and each exhaust opening or exhaust duct in a compartment must be above the normal accumulation of bilge water.
(d) Except as provided in paragraph (e) of this section, supply openings or supply ducts and exhaust openings or exhaust ducts must each have a minimum aggregate internal cross-sectional area calculated as follows: A = 5 1n (V/5); where:
(1) A is the minimum aggregate internal cross-sectional area of the openings or ducts in square inches;
(2) V is the net compartment volume in cubic feet, including the net volume of other compartments connected by openings that exceed two percent of the area between the compartments; and
(3) 1n (V/5) is the natural logarithm of the quantity (V/5).
(e) The minimum internal cross-sectional area of each supply opening or duct and exhaust opening or duct must exceed 3.0 square inches.
(f) The minimum internal cross-sectional area of terminal fittings for flexible ventilation ducts installed to meet the requirements of paragraph (d) of this section must not be less than 80 percent of the required internal cross-sectional area of the flexible ventilation duct.
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code; and 33 CFR 183.630.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6576. Liquefied Petroleum Gas.
Note     •     History

Pursuant to section 652, Harbors and Navigation Code, a vessel carrying passengers for hire on the waters of this State using liquefied petroleum gas or compressed natural gas for heating, cooking, or lighting must adhere to the federal regulations as contained in 46 CFR 25, 58, 147, and 184.
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
Article 4.1. Capacity Plate
§6580. Capacity Plate.
History

HISTORY

1. Amendment of Article 4.1 ( §§ 6580 and 6581) filed 5-11-71; effective thirtieth day thereafter (Register 71, No. 20). For prior history, see Register 66, No. 43.
2. Repealer filed 3-14-73; effective thirtieth day thereafter (Register 73, No. 11).
§6581. Exemptions.
History

HISTORY

1. Repealer filed 3-14-73; effective thirtieth day thereafter (Register 73, No. 11). 
Article 4.5. Law Enforcement Vessels
§6590. Law Enforcement Vessels.
Note     •     History

Vessels used as law enforcement vessels under the authority of Section 663.5, Harbors and Navigation Code, shall be identified as follows:
(a) They shall be of a distinctive color compatible with use as harbor police vessels.
(b) They shall be marked with words such as “Harbor Police,” “Port Police,” “Harbor Patrol,” or “Port Patrol” or their equivalent. These identifying words shall be placed on each side of the vessel in a manner which will provide clear legibility and maximum opportunity for identification. The letters shall be of block character, of good proportion, and not less than six (6) inches in height. They shall be of a color which will form a good contrast with the color of the background and so maintained as to be clearly visible and legible. In addition to this marking, the vessel shall display prominently the identification of the operating agency.
NOTE

Authority cited: Section 663.5, Harbors and Navigation Code. Reference: Sections 650 and 663.5, Harbors and Navigation Code.
HISTORY

1. Repealer of Article 4.5 (Sections 6590 and 6591) and New Art. 4.5 (Sections 6590 and 6591) filed 5-11-71; effective thirtieth day thereafter (Register 71, No. 20). For prior history, see Registers 65, No. 20 and 67, No. 48.
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment filed 11-25-87; operative 12-25-87 (Register 87, No. 49).
§6591. Blue Light for Enforcement Vessels.
Note     •     History

The distinctive light prescribed by Section 652.5, Harbors and Navigation Code, for law enforcement vessels shall be a blue colored, revolving horizontal beam, low intensity light rotating or appearing to rotate because of a pulsating effect gained by means of a rotating reflector which causes a flashing or periodic peak intensity effect. The light shall be located at any effective point on the forward exterior of the vessel. A shield or other device, fixed or movable, to restrict the arc of visibility may be used if desired.
NOTE

Authority cited: Section 652.5, Harbors and Navigation Code. Reference: Sections 650 and 652.5, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§6592. Sound Level Measuring Instruments.
Note     •     History

Pursuant to the authority provided in Section 654.05(d) of the Harbors and Navigation Code, a precision sound level meter which meets the Type II requirements of ANSI S1.4-1983 (revision of S1.4-1971), titled “Specification For Sound Level Meters,” published in 1983, may be substituted for the Type I referred to in the Society of Automotive Engineers Technical Report J34 for measuring pleasure motorboat sound levels, titled “Exterior Sound Level Measurement Procedure For Pleasure Motorboats--SAE J34,” published in 1973.
NOTE

Authority cited: Sections 652 and 654.05(d), Harbors and Navigation Code. Reference: Sections 652, 654, 654.05 and 654.06, Harbors and Navigation Code.
HISTORY

1. New section filed 11-25-87; operative 12-25-87 (Register 87, No. 49). For history of former Section 6592, see Register 85, No. 26. 
Article 4.5.1. Boating Safety and Enforcement Financial Aid Program
§6593. Short Title.
Note     •     History

This article shall be known and may be cited as the Boating Safety and Enforcement Financial Aid Program Regulations under which the Department of Boating and Waterways may provide State financial aid to local agencies' qualified boating safety and enforcement programs pursuant to Section 663.7 of the Harbors and Navigation Code. 
NOTE

Authority cited: Section 663.7(k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code. 
HISTORY

1. New article 4.5.1 (sections 6593-6593.11) and section filed 1-28-2003; operative 1-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 5). 
§6593.1. Purpose.
Note     •     History

The purpose of the Boating Safety and Enforcement Financial Aid Program is to augment a participating agency's revenues for boating safety and enforcement activities when an agency incurs boating safety and enforcement program costs that exceed actual vessel taxes received by the county for boating safety and enforcement activities. The program is not intended to fully fund a participating agency's boating safety and enforcement activities, and agency participation in the program is entirely voluntary. 
NOTE

Authority cited: Section 663.7(k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code. 
HISTORY

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 5). 
§6593.2. Definitions.
Note     •     History

The following definitions shall be used in this article. 
(a) “Administrative costs” are the costs incurred by a participating agency for indirect services necessary for the operation of a participating agency's boating safety and enforcement program. 
(b) “Agency” means a county of the State, or a city, district or other public agency within a county, that participates, or applies to participate, in the Boating Safety and Enforcement Financial Aid Program. 
(c) “Allowable costs or expenses” means the costs or expenditures made by a participating agency that are authorized by the department. 
(d) “Baseline financial aid eligibility allocation” means a participating agency's financial eligibility allocation as described in Section 6593.7 of this article. 
(e) “Boat patrol” means a boating safety and enforcement unit of qualified boating safety and enforcement officers (full-time or seasonal). 
(f) “Boating safety and enforcement officer” means trained personnel authorized and retained by a participating agency to perform boating safety and enforcement activities. 
(g) “Boating safety programs” and “boating safety and enforcement programs” are participating agency programs comprised of boating safety and enforcement activities. 
(h) “Calendar year” means the period of twelve consecutive months that runs from January 1 through December 31 of the same year. 
(i) “Department” means the California Department of Boating and Waterways, unless otherwise specified. 
(j) “Equipment” means boating-specific equipment or other support equipment used to implement or conduct boating safety and enforcement activities. 
(k) “Fiscal year” means the period of twelve consecutive months that runs from July 1 of one year through June 30 of the following year. 
(l) “Fringe benefits percent” is the percentage used by the participating or applicant agency to estimate the costs of non-salary benefits for an employee, such as workers' compensation premiums, retirement contributions, uniform allowances, insurance, payments made under the Federal Insurance Contributions Act, and any other employee benefit approved by the department. The percent is expressed as a percentage of direct salary costs and is calculated by dividing the fringe benefits cost by the direct salary cost of an employee. 
(m) “Mid-range or equivalent journeyman level average hourly pay” is the average hourly pay for a typical employee of an applicant agency. The mid-range is used if there are an odd number of pay steps or an equivalent is used if there is an even number of pay steps. An equivalent is calculated by averaging the two middle pay steps. 
(n) “Quarter” means a period of three consecutive months during the fiscal year. The quarters of the State's fiscal year are comprised of four consecutive three-month segments, as noted below. 
(1) Quarter 1 = July 1 through September 30 
(2) Quarter 2 = October 1 through December 31 
(3) Quarter 3 = January 1 through March 31, and 
(4) Quarter 4 = April 1 through June 30. 
(o) “Program reduction” means a reduction in a participating agency's annual allocation due to insufficient program expenditures as described in Section 6593.7 of this article. 
(p) “Unallocated funds” are funds that have not been spent or used by participating agencies' boating safety and enforcement programs pursuant to section 6593.7(c) of this article.
(q) “Vessel taxes received by the county” are funds equal to 100 percent of the amount received by the county from the share of personal property taxes on vessels allocated to the County General Fund for boating safety and enforcement activities. 
NOTE

Authority cited: Section 663.7(k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code. 
HISTORY

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 5). 
§6593.3. Boating Safety and Enforcement Activities.
Note     •     History

For the purposes of receiving State financial aid under Section 663.7 of the Harbors and Navigation Code, boating safety and enforcement activities include: 
(a) Enforcement of State and local laws and regulations for boating activities by means of vessel, foot patrol, motor vehicle, or aircraft. Educating the public on State and local laws and regulations is included as enforcement. 
(b) Inspection of vessels for compliance with required safety equipment, registration requirements, and sanitation and pollution control that satisfy the intent of State law. 
(c) Supervision of organized on-the-water boating activities or water events that allows for the protection and safety of the boating public during such activities or events. 
(d) Search and rescue operations originating from on-the-water boating activities, including the recovery of drowned bodies that are the result of boating activities. 
NOTE

Authority cited: Section 663.7(k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code. 
HISTORY

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 5). 
§6593.4. Eligibility.
Note     •     History

Agencies requesting permission to participate are entitled to receive State financial aid for boating safety and enforcement programs on waters under their jurisdiction, provided the following conditions are satisfied: 
(a) An applicant agency provides a certified copy of the resolution or minute order from the county board of supervisors with the application for financial aid under the provisions of Section 663.7 of the Harbors and Navigation Code. 
(1) In the case of a local government agency within a county, a certified copy of the resolution or minute order shall accompany the application for financial aid from that local government entity, as well as a certified copy of the resolution or minute order from its county board of supervisors, authorizing the agency to participate in the program. 
(2) The resolution or minute order shall: 
(A) Authorize the chairperson, or designated representative, to sign the application and contract. 
(B) Authorize the chairperson, or designated agency representative, to sign the department's form for each reimbursement claim. 
(C) Authorize the county auditor to certify the amount of prior year vessel taxes received by the county. 
(3) The department may deny the application if the applicant agency fails to provide the above-referenced information or data. 
(b) An applicant agency submits a completed application that complies with the requirements of Section 6593.5. 
(c) The county in which an applicant agency resides agrees to spend an amount equal to 100 percent of vessel taxes received by the county for boating safety and enforcement activities prior to the agency receiving State financial aid under this program. 
(d) An applicant agency maintains an operational boat patrol while receiving State financial aid under this program. 
(e) An applicant agency agrees to comply with the reimbursement process in Section 6593.9.
(f) An applicant agency agrees to comply with the reporting requirements in Section 663.7 of the Harbors and Navigation Code. 
NOTE

Authority cited: Section 663.7(k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code. 
HISTORY

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 5). 
§6593.5. Application.
Note     •     History

(a) An agency applying for financial aid under the Boating Safety and Enforcement Financial Aid Program shall complete an annual application. The annual Boating Safety and Enforcement Financial Aid Program application for a county shall accompany all applications from other governmental agencies within the county requesting aid from the department. 
(b) The application shall include, at a minimum, the following estimates for waterways under the jurisdiction of each applicant agency: 
·Size of waterway(s) (in square miles for lakes and in miles for rivers or coastline) 
·Usage of waterway(s) (types of boating activities) 
·Types of patrols (on-water, foot, truck/vehicle, and/or air) 
·Workload seasonality adjustments (unusual increases/decreases in staffing) 
·Number of boats on the waterways. 
(c) A participating agency shall submit a completed application to the department at least six months prior to the start of the fiscal year for which State financial aid is requested. A new applicant agency shall submit a completed application to the department at least 14 months prior to the start of the fiscal year for which State financial aid is requested. 
(d) Subsequent to the expiration of the filing date, amendments to the applications shall be allowed only subject to the approval of the department. 
NOTE

Authority cited: Section 663.7 (k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code. 
HISTORY

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 5). 
§6593.6. Annual Contract.
Note     •     History

(a) Beginning in fiscal year 2003-04, every participating agency shall enter into an annual contract with the department prior to the start of the fiscal year. The contract shall indicate, at a minimum, the financial aid eligibility allocation amount for the ensuing fiscal year and whether a participating agency is to submit reimbursement claims on a monthly or quarterly basis. 
(b) The department shall send every participating agency a contract at least 90 days prior to the start of the fiscal year. A participating agency shall sign and return the contract to the department at least 15 days prior to the start of the fiscal year. Failure of a participating agency to sign and return the contract 15 days prior to the start of the fiscal year may result in a participating agency losing its financial aid eligibility allocation for that fiscal year. 
NOTE

Authority cited: Section 663.7 (k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code. 
HISTORY

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 5). 
§6593.7. Financial Eligibility Formula.
Note     •     History

The following formula shall be used for determining annual maximum eligibility allocation amounts for a participating agency eligible for State financial aid under the Boating Safety and Enforcement Financial Aid Program. The State boating safety and enforcement program financial eligibility allocation shall include total State boating safety and enforcement program financial aid for all public entities within a county. 
(a) A county that received an allocation in fiscal year 1996-97 shall receive, at a minimum, the amount of the fiscal year 1996-97 allocation, unless the county's program has been reduced by the county or the State. This fiscal year 1996-97 amount is defined as the baseline State financial eligibility allocation. (See Exhibit 1 in Section 6593.11 --  Baseline State Financial Eligibility Allocations) 
(b) A county that received an allocation subsequent to fiscal year 1996-97 but prior to fiscal year 2003-04 shall receive, at a minimum, the amount of the most recent fiscal year allocation, unless the county's program has been reduced. This amount is also defined as the baseline State financial eligibility allocation and is likewise shown in Exhibit 1 in Section 6593.11. 
(c) Beginning with fiscal year 2005-06 and continuing with each fiscal year thereafter: 
(1) A participating agency that spends less than its baseline State financial eligibility allocation in both calendar year 2003 and calendar year 2004 shall have its eligibility allocation reduced in fiscal year 2005-06. The reduced eligibility allocation amount shall equal the higher amount spent in either calendar year 2003 or calendar year 2004. (See Exhibit 2 in Section 6593.11 -- Example of Program Reduction) 
(2) A participating agency that spends less than its baseline State financial eligibility allocation during a calendar year period, in the two most recent calendar years, shall have its eligibility allocation reduced in the next fiscal year. The revised eligibility allocation amount shall equal the higher amount spent during one of the two most recent calendar years. 
(3) Unallocated funds as a result of (1) or (2) shall be reallocated on an annual one-time basis to those participating agencies that incurred expenditures exceeding their baseline eligibility allocations during the most recent calendar year. These unallocated funds shall be allocated on a prorated basis to participating agencies based on the individual participating agency's expenditures that exceeded baseline eligibility allocations divided by the total statewide expenditures that exceeded baseline eligibility allocations applied to the total statewide unallocated funds. Under no circumstances shall a participating agency receive more than 20 percent of the total funds appropriated to all participating agencies for boating safety and enforcement programs. The total amount of funds that are reallocated shall not exceed the amount of the total statewide surplus. The reallocated funds shall be treated as a one-time reallocation of unspent funds. (See Exhibit 3 in Section 6593.11 -- Example of Reallocation of Unspent Funds) 
(d) Beginning with fiscal year 2003-04 and continuing with each fiscal year thereafter, the formula for a new, non-participating applicant agency applying to the program shall be as follows, provided that sufficient funds are appropriated specifically for new agencies: 

Total Estimated Boating Safety and Enforcement Costs
Less Vessel Taxes Received by the county 
Equals State Financial Eligibility Allocation 
(1) Total Estimated Boating Safety and Enforcement Costs shall be based on the estimated work-hours of patrol required for boating safety and enforcement activities. Each agency shall justify the estimated number of work hours of patrol by documenting various operations data as part of the application. 
(2) The number of work hours shall be multiplied by either the agency's actual hourly pay of boating safety and enforcement officers, or the agency's mid-range or equivalent (i.e., third of five pay steps) journeyman level average hourly pay, and either the agency's actual fringe benefit percent for boating safety and enforcement officers, or the agency's customary average fringe benefits percent, to estimate total personnel costs. This total personnel costs amount shall be multiplied by 30 percent to estimate associated operations, maintenance, and equipment costs. The sum of total personnel costs, and associated operations, maintenance, and equipment costs, shall equal estimated boating safety and enforcement direct costs, which may be increased by up to 5 (five) percent for allowable administrative costs to determine the total estimated boating safety and enforcement costs. These total estimated costs shall be offset by the actual prior year vessel taxes received by the county to determine the net amount of State financial eligibility allocation. (See Exhibit 4 in Section 6593.11 -- Example of New Program Calculation) 
(3) Each agency applying for financial aid under this section shall submit documentation supporting its calculations as requested by the department. The first-year eligibility allocation for any new agency applying to the program shall be considered that agency's baseline State financial eligibility allocation. 
(e) Beginning with fiscal year 2004-05 and continuing with each fiscal year thereafter, a participating agency that demonstrates that its expenditures exceed its baseline State financial eligibility allocations may be eligible for any additional funds appropriated for expansion of existing participating agencies' boating safety and enforcement programs. Any additional funds allocated to a participating agency under this subsection shall be treated as a program increase to the participating agency's baseline State financial eligibility allocation. 
(f) Beginning with fiscal year 2004-05 and continuing with each fiscal year thereafter, if funds budgeted for the boating safety and enforcement program are less than the sum of the prior year's individual participating agency allocations, each individual participating agency may have its eligibility allocation reduced in proportion to the overall program shortfall. (See Exhibit 5 in Section 6593.11 -- Example of Fund Shortfall Calculation) 
NOTE

Authority cited: Section 663.7 (c), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code. 
HISTORY

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 5). 
§6593.8. Allowable and Non-Allowable Costs.
Note     •     History

Beginning in fiscal year 2003-04, all program expenditures under this program shall be spent on personnel and operations, maintenance, and equipment that are used by a participating agency's boat patrol when conducting boating safety and enforcement activities, and administrative costs attributable to a participating agency's boating safety and enforcement program. All program expenditures, including those made with vessel taxes received by the county, shall comply with the requirements of this section. 
(a) The following are allowable costs under the program: 
(1) Personnel costs of boating safety and enforcement officers, including, but not limited to, salaries, wages, overtime and holiday pay, differential pay, on-call pay, workers' compensation premiums, retirement contributions, uniform allowances, insurance, payments made under the Federal Insurance Contributions Act, and any other employee benefit approved by the department. 
(2) Operations, maintenance, and equipment costs, including, but not limited to, fuel; vessel, vessel trailer and equipment repair; storage of vessels, vessel trailers and equipment; vehicle mileage for vehicles used to tow vessels; hull insurance for vessels; communications equipment for items to be attached or mounted to a vessel or vehicle; per diem and other costs associated with non-POST (California Commission on Peace Officer Standards and Training) boating safety and enforcement training; per diem costs associated with overnight boating safety and enforcement assignments that occur at least 50 miles from the main headquarters; dive gear; utilities (including gas, electricity, water, land-based telephone service, and propane charges), office rental and leases, and office equipment for a boat patrol office located in a geographically separate location than the main headquarters; prorated share of vehicle and aircraft leases; and miscellaneous boating equipment. 
(3) Administrative costs attributable to a participating agency's boating safety and enforcement program provided such administrative costs are not more than five percent of the total allowable direct program costs. 
(4) A participating agency shall provide written justification and obtain prior written approval from the department in order to be reimbursed for the following costs: 
(A) Purchase of communications equipment or the rental or leasing of office space. 
(B) Any non-POST training course that an employee of a participating agency plans to attend. 
(C) Prorated share of leased vehicles and aircraft. 
(D) Out-of-state travel. 
(b) The following are not allowable costs under the program: 
(1) Any cost, either in its entirety or a prorated share, not associated with a participating agency's boating safety and enforcement program. 
(2) The purchase of any type of vessel, vessel trailer, vehicle, or aircraft with State funds. Note: the department administers a financial assistance program for purchase of vessels outside of the boating safety and enforcement program. A participating agency may use vessel taxes received by the county for the purchase, or a prorated share of the purchase, of any type of vessel, vessel trailer, vehicle, or aircraft provided such equipment is dedicated solely, or on a prorated basis, for boating safety and enforcement activities. 
(3) The general costs necessary in employing, outfitting with weapons, and training personnel in accordance with prescribed statutes affecting peace officers, including, but not limited to, drug screening tests, background checks, psychological testing, fingerprinting fees, law enforcement training unrelated to boating safety and enforcement activities, and training in weaponry. 
(4) One-time payments for vacation, sick leave, or compensation time off in lieu of overtime due to separation or medical causes. 
(5) Any administrative or overhead costs that exceed five percent of the total allowable direct program costs of a participating agency's boating safety and enforcement program. 
NOTE

Authority cited: Section 663.7 (k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code. 
HISTORY

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 5). 
§6593.9. Reimbursement Procedures.
Note     •     History

Beginning in fiscal year 2003-04, the following procedures shall be used to reimburse a participating agency for allowable expenditures under the Boating Safety and Enforcement Financial Aid Program. A participating agency may only receive State reimbursement under this program when actual allowable expenditures on boating safety and enforcement activities exceed actual prior year vessel taxes received by the county. 
(a) The department shall provide financial aid, under Section 663.7 of the Harbors and Navigation Code, in the form of reimbursements to cover the costs incurred by a participating agency for boating safety and enforcement activities that exceed vessel taxes received by the county, up to the participating agency's State financial eligibility allocation amount. Reimbursements shall equal the actual amount of allowable costs incurred by a participating agency over and above the actual prior year vessel taxes received by the county, up to the State financial eligibility allocation amount. 
(b) A participating agency shall submit claims to the department for the purpose of reimbursement under this program. Claims may be submitted by a participating agency on a monthly or quarterly basis as specified in the annual contract. A participating agency shall submit claims indicating actual costs incurred during the month or quarter and total year-to-date actual costs. Claims shall be submitted irrespective of whether State financial aid is reimbursed to the participating agency during the month or quarter. 
(c) Personnel costs shall be reimbursed based on the actual number of hours spent on boating safety and enforcement activities, including associated sick leave, vacation, and compensatory time off, during the month or quarter by each boating safety and enforcement officer of the participating agency. Actual hours, and associated sick leave, vacation, and compensatory time off, for each boating safety and enforcement officer shall be multiplied by the boating safety and enforcement officer's hourly pay to determine direct salary costs. Direct salary costs are multiplied by the participating agency's customary average fringe benefits percent to determine total personnel costs. 
(d) Associated operations, maintenance, and equipment costs shall be reimbursed based on actual costs. 
(e) Administrative costs attributable to a participating agency's boating safety and enforcement program may either be directly identified or indirectly allocated to the program. 
(1) Administrative personnel costs directly identified to a participating agency's boating safety and enforcement program shall be reimbursed based on the actual number of hours spent on administrative activities related to boating safety and enforcement activities during the month or quarter. Actual hours for each administrative staff shall be multiplied by the staff's hourly pay to determine administrative salary costs. Administrative salary costs are multiplied by the participating agency's customary average fringe benefits percent to determine administrative personnel costs. 
(2) Administrative costs that are not readily assignable to a participating agency's boating safety and enforcement program, but are necessary for the operation of the participating agency, shall be identified through the use of an Indirect Cost Rate Proposal (ICRP), a formal allocation method. It is recommended but not required that participating agencies using this indirect method obtain the following federal publication: Office of Management and Budget (OMB) Circular A-87, “Cost Principles for State, Local, and Indian Tribal Governments.” This publication explains how indirect costs may be handled. This publication is available from the department. 
(f) Year-to-date allowable costs shall be offset by annual actual prior year vessel taxes received by the county and year-to-date State financial aid reimbursements to determine the amount of State financial aid on a claim. If actual prior year vessel taxes received by the county have not been expended on boating safety and enforcement activities, a participating agency shall not receive State financial aid during that month or quarter. 
(g) The department shall conduct a review of each claim for accuracy, completeness, and applicability to the program. The department may request additional supporting information from a participating agency for justification of expenditures prior to approving a participating agency's claim. Claims that result in reimbursement to a participating agency shall be forwarded to the State Controller's Office for payment once the department has completed the review and approved the claim for payment. 
(h) Any expenditure omitted by a participating agency from a claim for State financial aid may be submitted by a participating agency for reimbursement with any succeeding claim within 60 days following the last day of the fiscal year. 
(1) The issue date of a purchase order, invoice date, or day in which the hours were worked determines the fiscal year in which expenditures occur for the purposes of submitting claims. Date of payment, date received, shipping date, and date of invoice received are not factors in determining the fiscal year in which expenditure is made. 
(2) If the cost of utilities overlaps fiscal years, the total cost may be claimed in either fiscal year. 
(i) Claims for reimbursement for State financial aid shall be submitted within 60 days following the last day of the monthly or quarterly reporting period. The department may reduce a participating agency's total State financial aid allocation by five percent if the participating agency exceeds the sixty-day billing period and an additional five percent for every thirty-day period thereafter that the participating agency is late in filing a claim for State financial aid. 
NOTE

Authority cited: Section 663.7(k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code. 
HISTORY

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 5). 
§6593.10. Audits and Appeals.
Note     •     History

(a) The department shall maintain adequate controls to ensure responsibility and accountability for the expenditure of State funds. The department may conduct periodic systematic audits of a participating agency in order to determine whether an agency is in compliance with State law and the claims submitted by a participating agency accurately represent the amount due the agency under the Boating Safety and Enforcement Financial Aid Program.
(b) The department shall notify a participating agency in writing at least one week in advance of all scheduled audits. 
(c) A participating agency shall make records available for review to the department or its representatives. A participating agency shall maintain records deemed necessary by the department for a minimum of five years and shall include, at a minimum, supporting documentation for any claims for reimbursement by the participating agency. Such records shall include actual hours spent on the program (including the name and classification of each employee and the specific boating safety and enforcement activity for which the hours relate), documents supporting the actual salaries used to determine personnel costs, documents supporting the participating agency's customary fringe benefits percentage, receipts for associated operations, maintenance, and equipment costs, equipment maintenance and repair reports, current equipment inventory report, documentation supporting actual vessel taxes received by the county, and other applicable documentation as requested by the Department. 
(d) The audit shall include an evaluation of the accounting and control systems of the participating agency. 
(e) If the department conducts an audit of a participating agency, the department shall issue an audit report to the participating agency. The audit report shall include a description of how the audit was performed and a summary of audit exceptions and management improvement recommendations. If applicable, a correction plan shall be discussed with the participating agency describing the specific actions that are recommended to be taken, or that have been taken, to correct the deficiencies identified by the department. Future State financial aid payments may be withheld from the participating agency until the deficiencies have been corrected. 
(f) When an audit indicates that a participating agency has claimed and received payments from the department under this program to which it is not entitled, the participating agency shall pay, in addition to that portion of the claim that was improperly claimed, interest on the amount of overpayment from the date in which the amount was improperly claimed to the next claim. The overpayment, plus interest, may be repaid through a reduction to the next claim for State financial aid. The interest rate shall equal the monthly average rate received on investments in the State Surplus Money Investment Fund. 
(g) When it is established that a participating agency fraudulently claimed and received payments under this program, the participating agency shall pay, in addition to that portion of the claim that was improperly claimed, a penalty of 300 percent of the amount improperly claimed. Payments due from a participating agency may be recovered through an offset to the next claim(s) for State financial aid. 
(h) A participating agency has the right to appeal the findings of any audit to the director of the department in writing within 90 days after completion of the audit report. The participating agency shall include in the written appeal a description of the items in question and the participating agency's reason for the appeal. The appeal process shall commence with a conference between a representative of the department and the participating agency to review the items in question. If the appeal is not resolved to the participating agency's satisfaction, the participating agency may request that the matter be reviewed through a formal hearing conducted in accordance with Government Code Section 11500 et seq. 
NOTE

Authority cited: Section 663.7 (k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code. 
HISTORY

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 5). 
§6593.11. Exhibits.
Note     •     History

This section contains the Exhibits referenced in Section 6593.7. 

Exhibit 1 -- Baseline State Financial Eligibility Allocations  

		 		Allocation	
		FY 1996-97		Subsequent to	Baseline State
		State Financial	Subsequent	 FY 1996-97 but	Financial
		Eligibility	Program	 Prior to FY	Eligibility
 County		Allocation	Reductions	2003-04	Allocation

1. Amador County 		$95,781			$95,781
2. Butte County 				$148,069	148,069
3. Calaveras County 		159,868			159,868
4. Colusa County 		96,091			96,091
5. Contra Costa County 	379,713			379,713
6. Del Norte County 		130,775			130,775
7. El Dorado County 		309,479			309,479
8. Fresno County 		356,210			356,210
9. Glenn County 		108,111			108,111
10. Humboldt County 	110,313			110,313
11. Imperial County 		223,536			223,536
12. Kings County 				67,428	67,428
13. Lake County 		271,380			271,380
14. Lassen County 		91,912			91,912
15. Los Angeles County 	1,500,000			1,500,000
16. Mariposa County 		213,873			213,873
17. Mono County 		101,444			101,444
18. Napa County 		246,087			246,087
19. Nevada County 		83,243			83,243
20. Placer County 		52,916			52,916
21. Plumas County 		118,687			118,687
22. Sacramento County 			370,000	 370,000
23. San Bernardino County 			190,000	190,000
24. San Joaquin County 	376,279			376,279
25. Shasta County 		523,567			523,567
26. Sierra County 		57,088			57,088
27. Siskiou County 		71,489			71,489
28. Solano County 		232,444			232,444
29. Sonoma County 		263,226			263,226
30. Sutter County 		167,584			167,584
31. Tehama County 		120,000			120,000
32. Trinity County 		106,714			106,714
33. Tulare County 		174,132			174,132
34. Tuolumne County 	215,880			215,880
35. Yolo County 		225,776			225,776
36. Yuba County 		140,905			140,905
Total 		$7,324,503	$0	$775,497	$8,100,000

Exhibit 2 -- Example of Program Reduction 

		Agency A 	Agency B 

Baseline State Financial Eligibility Allocation (SFEA) - FY 2004-05 	$100,000	$100,000
Calendar Year 2003 Expenditures 		90,000	95,000
Calendar Year 2004 Expenditures 		95,000	90,000
FY 2005-06 SFEA 		95,000	95,000

Exhibit 3 -- Example of Reallocation of Unspent Funds 

	 	Rest of 	
	Agency C	Agencies	Total

Baseline State Financial Eligibility Allocation (SFEA) - FY 2004-05 	$100,000	$8,000,000	$8,100,000
Calendar Year 2004 Deficit 	-10,000	-390,000	-400,000
Percent of Statewide Deficit 	2.5%	97.5%	100%
Unallocated Funds 		100,000	100,000
Reallocation of Funds 	2,500	97,500	100,000
FY 2005-06 SFEA 	$102,500	$7,997,500	$8,100,000
Calendar Year 2005 Deficit 	-10,000	-90,000	-100,000
Percent of Statewide Deficit 	10.0%	90.0%	100%
Unallocated Funds 		10,000	10,000
Reallocation of Funds 	1,000	9,000	10,000
FY 2006-07 SFEA 	$101,000	$7,999,000	$8,100,000

Exhibit 4 -- Example of New Program Calculation 

	Total Estimated Boating Safety and Enforcement Costs 
Provided by Agency 	1. Estimated Work Hours 	1,300
Provided by Agency 	2. Hourly Pay 	$25.00
Provided by Agency 	3. Fringe Benefits Percent 	33%
		---------
Product of Lines 1-3 	4. Total Personnel Costs 	$43,225
Determined by DBW 	5. Associated Operations, Maintenance & Equipment Ratio 	30%
		---------
Line 4 times Line 5 	6. Associated Operations, Maintenance & Equipment Costs 	$12,968
		---------
Line 4 plus Line 6 	7. Estimated Boating Safety and Enforcement Direct Costs 	$56,193
Line 7 times 5% 	8. Maximum Allowable Administrative Costs 	$2,810
Line 7 plus Line 8 	9. Total Estimated Boating Safety and Enforcement Costs 	$59,003
		---------
Provided by Agency 	Less Vessel Taxes Received by the county 	(9,003)
		---------
	FY 2003-04 Baseline State Financial Eligibility Allocation 	$50,000

Exhibit 5 -- Example of Fund Shortfall Calculation 

 		Baseline State		
		Financial		State Financial	FY 2004-05
		Eligibility		Eligibility	State Financial
		Allocation	Percent of 	Allocation	Eligibility
 Participating Agency	(SFEA)	Baseline SFEA	Reduction	Allocation

1. Amador County 		$95,781	1.2%	$7,200	$88,581
2. Butte County 		148,069	1.8%	10,800	137,269
3. Calaveras County 		159,868	2.0%	12,000	147,868
4. Colusa County 		96,091	1.2%	7,200	88,891
5. Contra Costa County 	379,713	4.7%	28,200	351,513
6. Del Norte County 		130,775	1.6%	9,600	121,175
7. El Dorado County 		261,766	3.2%	19,200	242,566
8. Fresno County 		356,210	4.4%	26,400	329,810
9. Glenn County 		108,111	1.3%	7,800	100,311
10. Humboldt County 	110,313	1.4%	8,400	101,913
11. Imperial County 		223,536	2.8%	16,800	206,736
12. Kings County 		67,428	0.8%	4,800	62,628
13. Lake County 		271,380	3.4%	20,400	250,980
14. Lassen County 		91,912	1.1%	6,600	85,312
15. Los Angeles County 	1,500,000	18.5%	111,000	1,389,000
16. Mariposa County 		213,873	2.6%	15,600	198,273
17. Mono County 		101,444	1.3%	7,800	93,644
18. Napa County 		246,087	3.0%	18,000	228,087
19. Nevada County		83,243	1.0%	6,000	77,243
20. Placer County 		52,916	0.7%	4,200	48,716
21. Plumas County 		118,687	1.5%	9,000	109,687
22. Sacramento County 	370,000	4.6%	27,600	342,400
23. San Bernardino County 	190,000	2.3%	13,800	176,200
24. San Joaquin County 	376,279	4.6%	27,600	348,679
25. Shasta County 		523,567	6.5%	39,000	484,567
26. Sierra County 		57,088	0.7%	4,200	52,888
27. Siskiou County 		71,489	0.9%	5,400	66,089
28. Solano County 		193,103	2.4%	14,400	178,703
29. Sonoma County 		263,226	3.2%	19,200	244,026
30. So. Lake Tahoe City 	47,713	0.6%	3,600	44,113
31. Suisun City 		39,341	0.5%	3,000	36,341
32. Sutter County 		167,584	2.1%	12,600	154,984
33. Tehama County 		120,000	1.5%	9,000	111,000
34. Trinity County 		106,714	1.3%	7,800	98,914
35. Tulare County 		174,132	2.1%	12,600	161,532
36. Tuolumne County 	215,880	2.7%	16,200	199,680
37. Yolo County 		225,776	2.8%	16,800	208,976
38. Yuba County 		140,905	1.7%	10,200	130,705
Total 		$8,100,000	100.0%	$600,000	$7,500,000
Amount in Fund for FY 2004-05 	$7,500,000
FY 2004-05 Shortfall 	$600,000
 
NOTE

Authority cited: Section 663.7(k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code. 
HISTORY

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 5). 
Article 4.5.2. Boating Safety and Boating Law Enforcement Equipment Grant Program
§6594.1. Short Title.
Note     •     History

This article shall be known and may be cited as the Boating Safety and Boating Law Enforcement Equipment Grant Program under which the Department of Boating and Waterways may provide grants to local governments for boating safety and boating law enforcement equipment pursuant to the annual State Budget Act, and as allowed by Harbors and Navigation Code sections 61.4 and 61.6.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code. 
HISTORY

1. New article 4.5.2 (sections 6594.1-6594.9) and section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.2. Purpose.
Note     •     History

The purpose of the Boating Safety and Boating Law Enforcement Equipment Grant Program is to provide equipment grants to local government agencies for boating safety and boating law enforcement. Grants awarded under this article will be made using Federal funds. 
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.3. Definitions.
Note     •     History

The following definitions shall be used in this article.
(a) “Agency” means a county of the State, or a city, district or other public agency within a county or counties.
(b) “Allowable costs or expenses” mean the costs or expenditures made by a grantee for equipment as described in 6594.4 that are authorized by the Department. 
(c) “Boating Safety and Boating Law Enforcement Officer” means trained personnel authorized and retained by a participating agency to perform Boating Safety and Boating Law Enforcement activities.
(d) “Boating safety programs” and “Boating Safety and Boating Law Enforcement programs” are participating agency programs comprised of Boating Safety and Boating Law Enforcement activities.
(e) “Contract” means the formal agreement between the Department and the agency that defines the terms and conditions under which the agency may obtain funding under this article.
(f) “Department” means the California Department of Boating and Waterways, unless otherwise specified.
(g) “Equipment” means boating-specific equipment or other support equipment used to implement or conduct boating safety and boating law enforcement activities.
(h) “Federal fiscal year” means the period of twelve consecutive months that runs from October 1 of one year through September 30 of the following year.
(i) “Grant” means award of financial assistance or reimbursement, using Federal funds, made by the Department pursuant to this article.
(j) “Grantee” means the agency to which a grant is awarded which is accountable for the use of the funds provided pursuant to this article.
(k) “Local boat tax revenue” means the tax revenue collected by the agency based on the market value of boats in the agency's jurisdiction.
(l) “Patrol boat” means a boat (with or without trailer and/or motor) purchased for use in Boating Safety and Boating Law Enforcement activities pursuant to Section 6594.7.
(m) “Purchase costs” means those costs incurred by the grantee in purchasing equipment, including patrol boats.
(n) “Reimbursement” means the repayment of allowable costs incurred by a grantee for the purchase of Department approved equipment pursuant to this article.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.4. Use of Equipment Grant Funds.
Note     •     History

Grant funds awarded by the Department pursuant to this article must be used for Boating Safety and Boating Law Enforcement equipment and patrol boats related to Boating Safety and Boating Law Enforcement activities. 
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.5. Application and Award of Equipment Grants.
Note     •     History

(a) An agency applying for an equipment grant must submit a letter of intent and a complete Boating Safety and Boating Law Enforcement Equipment Grant Program application to the Department no later than April 30 of each year, prior to the start of the federal fiscal year in which grant funds are requested.
(1) The annual Boating Safety and Boating Law Enforcement Equipment Grant Program application shall include information that allows the Department to evaluate the application in accordance with the criteria specified in the annual State Budget Act. Such information shall include, at a minimum:
(A) Local boat tax revenue received by an agency.
(B) Expenditures incurred on boating safety and boating law enforcement activities.
(C) Description of need for grant funds, including the equipment or patrol boat to be purchased with grant funds and the estimated cost.
(D) Description of recreational boating activities on waterways in the agency's jurisdiction.
(2) Subsequent to the expiration of the filing date, amendments to the applications shall be allowed only subject to the approval of the Department.
(b) The Department shall prioritize grant applications based on the following criteria:
(1) First priority shall be given to local government agencies that are eligible for state aid because they are spending all of their local boating revenue on boating enforcement and safety, but are not receiving sufficient state funds to meet their need as calculated pursuant to Section 663.7 of the Harbors and Navigation Code.
(2) Second priority shall be given to local government agencies that are not spending all local boating revenue on boating enforcement and safety, and whose boating revenue does not equal their calculated need.
(3) Third priority shall be given to local government agencies whose boating revenue exceeds their need, but who are not spending sufficient local revenue to meet their calculated need.
(c) Each applicant agency shall be notified in writing as to whether they were awarded or denied a grant pursuant to this article.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6, 650 and 663.7, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.6. Equipment Grant Contracts.
Note     •     History

Each grantee shall enter into a written contract with the Department prior to beginning procedures to procure equipment under this article. The contract shall include, at a minimum, the grant amount, and the date by which grant funds must be expended, the term of the contract, and the required resolution from the local governing board authorizing the agency to enter into a contract with the Department for boating safety and boating law enforcement equipment pursuant to this article.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.7. Equipment Grant Requirements.
Note     •     History

(a) Each grantee must use grant funds to procure equipment consistent with all applicable federal, state and local procurement requirements. 
(b) The Department shall be the legal owner of patrol boats and trailers purchased with grant funds and grantee shall be the registered owner.
(1) The Department shall be the legal owner of all equipment purchased with grant funds.
(c) Each grantee shall operate and maintain all equipment purchased with grant funds in accordance with the following:
(1) Each grantee shall use equipment purchased with grant funds only for the purposes of boating safety and boating law enforcement.
(A) Each grantee shall ensure that any patrol boat purchased with grant funds is operated solely by qualified Boating Safety and Boating Law Enforcement Officers.
(2) Each grantee is responsible for all costs associated with operating and maintaining all equipment purchased with grant funds and shall maintain the equipment in good repair. Each grantee shall report to the Department loss or damage to any equipment purchased with grant funds within 30 days of occurrence.
(3) Each grantee shall replace, at the grantee's expense, and pursuant to the terms and conditions of the contract, any equipment purchased with grant funds if such equipment is destroyed or rendered useless prior to the expiration of the contract.
(4) Each grantee shall keep complete and accurate records of all expenditures pertaining to the operation and maintenance of any equipment purchased with grant funds. 
(d) Each grantee shall not sell or transfer ownership of any equipment purchased with grant funds to another party without prior written authorization from the Department.
(1) In the event that a grantee contributed funds other than grant funds to cover the purchase of a patrol boat and/or trailer, the sale proceeds shall be prorated between the Department and the grantee based on the percentage that the Department and the grantee contributed towards the initial patrol boat and/or trailer purchase.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code; and Title 49 Code of Federal Regulations Part 18.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.8. Equipment Grant Reimbursement Procedures.
Note     •     History

(a) Each grantee shall be reimbursed up to the actual allowable costs for purchase of Department approved equipment provided such costs do not exceed the total grant amount. Under no circumstances will a grantee be reimbursed more than the total amount of the grant.
(b) Upon purchase completion, the grantee shall submit a written request for reimbursement to the Department that includes the invoices(s) and/or other documentation that substantiates the actual purchase cost as well as a written certification that the grantee complied with contract procurement procedures. The grantee shall submit a written request for reimbursement to the Department no later than September 30 of the year following award of the grant. The Department will not accept a request for reimbursement after September 30.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.9. Audit and Appeals.
Note     •     History

(a) The Department shall maintain adequate controls to ensure responsibility and accountability for the expenditure of the Boating Safety and Boating Law Enforcement Equipment Grant Program funds. The Department or its representatives may conduct periodic systematic audits of a grantee in order to determine whether a grantee is in compliance with State and Federal law and the requests for reimbursement submitted by a grantee accurately represent the amount due the agency.
(b) The Department shall notify a grantee in writing at least one week in advance of all scheduled audits.
(c) A grantee shall make records available for review to the Department or its representatives. A grantee shall maintain records in accordance with the requirements specified in Title 49 of the Code of Federal Regulations, Part 18, subparts 18.41 and 18.42 -- Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Such records shall include all receipts and invoices for purchases made with grant funds.
(d) If the Department or its representatives conduct an audit of a grantee, the Department shall issue an audit report to the grantee. The audit report shall include a description of how the audit was performed and a listing of findings, including any reimbursement to which the grantee was not entitled. 
(e) When an audit indicates that a grantee has requested and received payments from the Department under this program to which it is not entitled, the grantee shall pay to the Department that portion of the reimbursement that was improperly requested within 90 days of notification of such finding unless the grantee submits an appeal pursuant to (g).
(f) When it is established that a grantee fraudulently requested and received payments under this program, the grantee shall pay to the Department all reimbursement requested from the Department under this program within 90 days of notification of such finding unless the grantee submits an appeal pursuant to (g).
(g) A grantee has the right to appeal the findings of any audit to the director of the Department in writing within 90 days after completion of the audit report. The grantee shall include in the written appeal a description of the items in question and the grantee's reason for the appeal. The appeal process shall commence with a conference between a representative of the Department and the grantee to review the items in question. If the appeal is not resolved to the grantee's satisfaction, the grantee may request that the matter be reviewed through a formal hearing conducted in accordance with Government Code Section 11500 et seq. 
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code; and 49 CFR Part 18.41 and 18.42.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
Article 4.5.3. Boating Safety and Boating Law Enforcement Training Grant Program
§6594.20. Short Title.
Note     •     History

This article shall be known and may be cited as the Boating Safety and Boating Law Enforcement Training Grant Program under which the Department of Boating and Waterways may provide grants to local governments for boating safety and boating law enforcement training activities pursuant to the annual State Budget Act.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New article 4.5.3 (sections 6594.20-6594.27) and section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.21. Purpose.
Note     •     History

The purpose of the Boating Safety and Boating Law Enforcement Training Grant Program is to provide training grants to local government agencies for the conduct of boating safety and boating law enforcement training. Grants awarded under this article will be made using Federal funds. 
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.22. Definitions.
Note     •     History

(a) “Agency” means a county of the State, or a city, district or other public agency within a county or counties.
(b) “Allowable costs or expenses” mean the costs or expenditures made by a grantee that are authorized by the Department. 
(c) “Boating Safety and Boating Law Enforcement officer” means trained personnel authorized and retained by a participating agency to perform Boating Safety and Boating Law Enforcement activities.
(d) “Contract” means the formal agreement between the Department and the agency that defines the terms and conditions under which the agency may obtain funding under this article.
(e) “Department” means the California Department of Boating and Waterways, unless otherwise specified.
(f) “Grant” means award of financial assistance or reimbursement, using Federal funds, made by the Department pursuant to this article.
(g) “Grantee” means the agency to which a grant is awarded which is accountable for the use of the funds provided pursuant to this article.
(h) “P.O.S.T.” means the California State Commission on Peace Officer Standards and Training.
(i) “Reimbursement” means the repayment of allowable costs incurred by a grantee for the conduct of Department approved training pursuant to this article.
(j) “Training” and “training program” means Department approved programs for training Boating Safety and Boating Law Enforcement personnel.
(k) “Training costs” and “program costs” means those costs incurred by the grantee in providing training.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.23. Use of Grant Funds.
Note     •     History

Grant funds awarded by the Department pursuant to this article must be used to provide Department approved and P.O.S.T. certified boating safety and boating law enforcement training. 
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.24. Application and Award of Training Grants.
Note     •     History

(a) An agency applying for a training grant must submit a course outline and cost proposal for a proposed training program and obtain Department approval prior to conducting the training.
(b) The cost proposal must identify the number of hours and hourly pay rate (including fringe benefits) for the estimated personnel costs to be incurred in providing training. The cost proposal must identify whether the personnel hours are to be reimbursed as overtime or regular time. 
(1) No more than 30 percent of the estimated personnel costs are to be reimbursed as overtime. Cost proposals that include personnel costs with more than 30 percent of the total personnel costs reimbursed at an overtime hourly rate will be not be approved by the Department. 
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.25. Training Grant Contracts.
Note     •     History

Each grantee shall enter into a written contract with the Department prior to conducting the training. The contract shall include, at a minimum, the grant amount, the date by which the training program must be completed, the term of the contract, and the required resolution from the local governing board authorizing the agency to enter into a contract with the Department for boating safety and boating law enforcement training pursuant to this article.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.26. Training Grant Reimbursement Procedures.
Note     •     History

(a) Each grantee shall be reimbursed up to the actual allowable costs of conducting Department approved training provided such costs do not exceed the total grant amount and no more than 30 percent of the personnel costs are reimbursed at an overtime hourly pay rate. Under no circumstances will a grantee be reimbursed more than the total amount of the grant.
(b) Upon completion of the training, the grantee shall submit a reimbursement packet to the Department that includes the invoice(s) and/or other documentation that substantiates the actual costs as well as a certification that the grantee complied with contract procurement procedures. The grantee shall submit a written request for reimbursement to the Department no later 90 days following the completion of the training program. 
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.27. Audit and Appeals.
Note     •     History

(a) The Department shall maintain adequate controls to ensure responsibility and accountability for the expenditure of the Boating Safety and Boating Law Enforcement Training Grant Program funds. The Department or its representatives may conduct periodic systematic audits of a grantee in order to determine whether a grantee is in compliance with State and Federal law and the requests for reimbursement submitted by a grantee accurately represent the amount due to agency.
(b) The Department shall notify a grantee in writing at least one week in advance of all scheduled audits.
(c) A grantee shall make records available for review to the Department or its representatives. A grantee shall maintain records in accordance with the requirements specified in Title 49 of the Code of Federal Regulations, Part 18, subpart 18.41 and 18.42 -- Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Such records shall include all receipts and invoices for purchases made with grant funds.
(d) If the Department or its representatives conduct an audit of a grantee, the Department shall issue an audit report to the grantee. The audit report shall include a description of how the audit was performed and a listing of findings, including any reimbursement to which the grantee was not entitled. 
(e) When an audit indicates that a grantee has requested and received payments from the Department under this program to which it is not entitled, the grantee shall pay to the Department that portion of the reimbursement that was improperly requested within 90 days of notification of such finding unless the grantee submits an appeal pursuant to (g).
(f) When it is established that a grantee fraudulently requested and received payments under this program, the grantee shall pay to the Department all reimbursement requested from the Department under this program within 90 days of notification of such finding unless the grantee submits an appeal pursuant to (g).
(g) A grantee has the right to appeal the findings of any audit to the director of the Department in writing within 90 days after completion of the audit report. The grantee shall include in the written appeal a description of the items in question and the grantee's reason for the appeal. The appeal process shall commence with a conference between a representative of the Department and the grantee to review the items in question. If the appeal is not resolved to the grantee's satisfaction, the grantee may request that the matter be reviewed through a formal hearing conducted in accordance with Government Code Section 11500 et seq. 
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code; and 49 CFR Parts 18.41 and 18.42.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
Article 4.5.4. Boating Safety and Boating Law Enforcement Trainee Grant Program
§6594.40. Short Title.
Note     •     History

This article shall be known and may be cited as the Boating Safety and Boating Law Enforcement Trainee Grant Program under which the Department of Boating and Waterways may provide grants to agencies whose personnel participate in boating safety and boating law enforcement training courses pursuant to the annual State Budget Act.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New article 4.5.4 (sections 6594.40-6594.47) and section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.41. Purpose.
Note     •     History

The purpose of the Boating Safety and Boating Law Enforcement Trainee Grant Program is to provide grants to agencies whose personnel participate in boating safety and boating law enforcement training courses. Grants awarded under this article will be made using Federal funds. 
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.42. Definitions.
Note     •     History

(a) “Agency” means a county of the State, or a city, district or other public agency within a county or counties.
(b) “Allowable costs or expenses” mean the costs or expenditures made by a grantee that are authorized by the Department and specified in the Memorandum of Understanding. 
(c) “Boating Safety and Boating Law Enforcement Officer” means trained personnel authorized and retained by a participating agency to perform Boating Safety and Boating Law Enforcement activities.
(d) “Department” means the California Department of Boating and Waterways, unless otherwise specified.
(e) “Grant” means award of financial assistance or reimbursement, using Federal funds, made by the Department pursuant to this article. 
(f) “Grantee” means the agency to which a grant is awarded which is accountable for the use of the funds provided pursuant to this article.
(g) “Memorandum of Understanding (MOU)” means the formal agreement between the Department and the agency that defines the terms and conditions under which the agency may obtain funding under this article.
(h) “P.O.S.T.” means the California State Commission on Peace Officer Standards and Training.
(i) “Reimbursement” means the repayment to a grantee of allowable costs incurred or paid by a trainee while attending Department boating safety and boating law enforcement training pursuant to this article.
(j) “Trainee” means personnel authorized and retained by a participating agency to perform Boating Safety and Boating Law Enforcement activities.
(k) “Training” and “training program” means Department approved programs for training Boating Safety and Boating Law Enforcement personnel.
(l) “Training costs” and “program costs” means those costs paid by a grantee that are incurred by the trainee in attending Department boating safety and boating law enforcement training courses.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.43. Use of Grant Funds.
Note     •     History

Grant funds awarded by the Department pursuant to this article must be used to reimburse the costs of attending Department boating safety and boating law enforcement training. Grant funds are available for grantees that are not otherwise reimbursed through POST.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.44. Award of Trainee Grants.
Note     •     History

An agency requesting a trainee grant must submit a reimbursement claim to the Department pursuant to Section 6594.46.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.45. Trainee Grant MOUs.
Note     •     History

Each grantee shall enter into a written MOU with the Department prior to a trainee attending the training. The MOU shall include, at a minimum, the grant amount, the name of the Department boating safety and boating law enforcement training program, and the name of the employee attending the training program.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.46. Trainee Grant Reimbursement Procedures.
Note     •     History

(a) Each grantee shall be reimbursed up to the actual allowable costs incurred or paid by the trainee while attending Department boating safety and boating law enforcement training provided Department funding is available for the purposes of this article. 
(b) Upon completion of the training, the grantee shall submit a reimbursement packet to the Department no later than 45 days after the training has been completed or June 15th, whichever occurs first. 
(c) The reimbursement packet shall include the following:
(1) A cover letter indicating the agency requesting reimbursement, the amount of requested reimbursement, and the name, date and location of the training session.
(2) A state travel and expense claim form with original signatures from the employee attending the training and the officer of the grantee authorizing the travel and expense claim.
(3) A copy of the signed MOU between the Department and the grantee.
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
§6594.47. Audit and Appeals.
Note     •     History

(a) The Department shall maintain adequate controls to ensure responsibility and accountability for the expenditure of the Boating Safety and Boating Law Enforcement Trainee Grant Program funds. The Department or its representatives may conduct periodic systematic audits of a grantee in order to determine whether a grantee is in compliance with State and Federal law and the requests for reimbursement submitted by a grantee accurately represent the amount due the agency.
(b) The Department shall notify a grantee in writing at least one week in advance of all scheduled audits.
(c) A grantee shall make records available for review to the Department or its representatives. A grantee shall maintain records in accordance with the requirements specified in Title 49 of the Code of Federal Regulations, Part 18, subpart 18.41 and 18.42 -- Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Such records shall include all receipts and invoices for purchases made with grant funds.
(d) If the Department or its representatives conduct an audit of a grantee, the Department shall issue an audit report to the grantee. The audit report shall include a description of how the audit was performed and a listing of findings, including any reimbursement to which the grantee was not entitled, based on the Department's funding guidelines. 
(e) When an audit indicates that a grantee has requested and received payments from the Department under this program to which it is not entitled, the grantee shall pay to the Department that portion of the reimbursement that was improperly requested within 90 days of notification of such finding unless the grantee submits an appeal pursuant to (g).
(f) When it is established that a grantee fraudulently requested and received payments under this program, the grantee shall pay to the Department all reimbursement requested from the Department under this program within 90 days of notification of such finding unless the grantee submits an appeal pursuant to (g).
(g) A grantee has the right to appeal the findings of any audit to the director of the Department in writing within 90 days after completion of the audit report. The grantee shall include in the written appeal a description of the items in question and the grantee's reason for the appeal. The appeal process shall commence with a conference between a representative of the Department and the grantee to review the items in question. If the appeal is not resolved to the grantee's satisfaction, the grantee may request that the matter be reviewed through a formal hearing conducted in accordance with Government Code Section 11500 et seq. 
NOTE

Authority cited: Sections 61.4 and 61.6, Harbors and Navigation Code. Reference: Sections 61.4, 61.6 and 650, Harbors and Navigation Code; and 49 CFR Parts 18.41 and 18.42.
HISTORY

1. New section filed 10-20-2009; operative 11-19-2009 (Register 2009, No. 43).
Article 4.6. Multi-Jurisdictional Vessel Restrictions
§6595. Prohibition of Watercraft Powered by Certain Spark-Ignition Two-Stroke Engines.
Note     •     History

Commencing October 4, 2001, the operation of all two-stroke-engine-powered watercraft on Lake Tahoe, Cascade Lake, Fallen Leaf Lake and Echo Lake, is prohibited, except watercraft powered by a two-stroke-powered engine whose engine is certified and labeled as meeting either of the following pollution air emissions standards:
(a) the 2006 or later model year United States Environmental Protection emissions standards, as specified in Title 40, Code of Federal Regulations, Part 91, or
(b) the 2001 or later California Air Resources Board emissions standard, as specified in Title 13, California Code of Regulations, Chapter 9, Sections 2440 et seq.
NOTE

Authority cited: Section 660(b), Harbors and Navigation Code. Reference: Section 660(b), Harbors and Navigation Code.
HISTORY

1. New article 4.6 (section 6595) and section filed 10-4-2001; operative 10-4-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 40).
Article 5. Pilot Rules and Rules of the Road
§6600. Purpose. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Repealer of Sections 6600 through 6602, 6604 through 6623, 6625 through 6679, 6683 through 6696, and new Sections 6600 through 6602, 6604 through 6623, 6625 through 6679, 6683 through 6691, 6694 through 6696, and amendment of Section 6680 filed 5-11-71; effective thirtieth day thereafter (Register 71, No. 20). For prior history, see Registers 60, No. 13; 65, No. 13; 67, Nos. 30 and 48; 68, Nos. 24 and 48; 69, No. 50.
2. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
3. Amendment filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
4. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§6600.1. Incorporation by Reference.
Note     •     History

(a) The following rules of the road and pilot rules promulgated by the United States Coast Guard are incorporated by reference. Copies may be obtained from sources indicated. They are also available for inspection at the Department of Boating and Waterways, and Archives, Secretary of State, 1020 “O” Street, Sacramento, California 95814.
(1) SUBCHAPTER D--International Navigation Rules, Title 33, Code of Federal Regulations, Part 81-72 COLREGS: IMPLEMENTING RULES and Appendix A--Proclamation of January 19, 1977, and 72 COLREGS.
(2) SUBCHAPTER E--Inland Navigation Rules, Title 33 Code of Federal Regulations, Part 84, Part 85, Part 86, Part 87, Part 88, and Part 89.
(3) Public Law 96-591, December 24, 1980, known as the INLAND NAVIGATION RULES ACT OF 1980, Section 33, United States Code 2001.
(4) Subsequent modifications, amendments, and/or changes, to federal regulations pertaining to rules of the road and pilot rules shall be effective in this section upon adoption.

Note: These regulations and statutes are published by the U.S. Coast Guard in NAVIGATION RULES INTERNATIONAL--INLAND (COMMANDANT INSTRUCTION M16672.2. (Series.)) The public may purchase copies of this pamphlet from the Government Printing Office Bookstore, ARCO Plaza Level C, 505 South Flower, Los Angeles, CA 90071. Telephone (213) 239-9844 for cost and availability of this pamphlet.
NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
2. Change without regulatory effect amending subsections (a) and (a)(4) filed 4-30-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 18).
§6601. Invalidity of Provision or of Application to Particular Person or Circumstance.
Note     •     History

If any provision of this article, or its application to any person or circumstances, is held invalid the remainder of this article, and the application of its provisions to any other person or circumstance, is not affected.
NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§6602. Definitions. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6604. Maneuvering and Warning Signals. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6605. Sound Signal--One Short Blast. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6606. Sound Signal--Two Short Blasts. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6607. Sound Signal--Three Short Blasts. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6608. Cross Signals--Forbidden. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Section 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6609. Sound Signals in Restricted Visibility. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6610. Sound Signal--Reduced Visibility--Power Driven Vessel Underway. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6611. Sound Signal--Reduced Visibility--Power Driven Vessel Towing. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6612. Sound Signal--Reduced Visibility--Vessel Towed. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 
§6613. Sound Signal--Reduced Visibility--Sail Vessel Underway. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6614. Application. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6615. Safe Speed. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
3. Repealer filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6616. Reduced Visibility--Fog Signal Forward of Beam. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6617. Sound Signals--Reduced Visibility--Vessel at Anchor. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6618. Risk of Collision. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 
§6618.1. Action to Avoid Collision. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6619. Responsibilities Between Vessels. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6619.1. Vessel Traffic Services. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6619.2. Conduct of Vessels in Sight of One Another. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6620. Sailing Vessels. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6621. Steering and Sailing Rules--Meeting of Power Driven Vessels and Sailing Vessels. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6622. Steering and Sailing Rules--Danger Signal. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6623. Steering and Sailing Rules--Signals Only When in Sight. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6624. Narrow Channels. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 7-28-67; effective thirtieth day thereafter (Register 67, No. 30).
2. Amendment filed 12-11-69; effective thirtieth day thereafter (Register 69, No. 50).
3. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
4. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
5. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 
§6625. Action by Give-Way Vessel. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6626. Steering and Sailing Rules--Vessels Passing Each Other. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6627. Head-On Situation. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6628. Overtaking. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6629. Crossing Situation. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6629.1. Action by Stand-On Vessel. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6630. Steering and Sailing Rules--Vessels Nearing Bend or Curve in Channel; Moving from Docks. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 2).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6630.1. Conduct of Vessels in Restricted Visibility. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6631. Responsibility. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6632. Steering and Sailing Rules--Passing Floating Plant Working in Navigable Channels--Passing Signals. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6633. Copy of Rules. [Repealed]
Note     •     History

NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 10-31-83; effective thirtieth day thereafter (Register 83, No. 45).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6634. Day Signals and Day Marks--Vessels over 65 Feet in Length Moored or at Anchor. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6635. Day Signals and Day Marks--Signals to Be Displayed by a Towing Vessel When Towing a Submerged or Partly Submerged Object upon a Hawser When No Signals Can Be Displayed upon the Object Which Is Towed. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6636. Day Signals and Day Marks--Power Driven Vessels, Derrick Boats, Lighters, or Other Types of Vessels Made Fast Alongside a Wreck, or Moored over a Wreck Which Is on the Bottom or Partly Submerged, or Which May Be Drifting. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6637. Day Signals and Day Marks--Dredges Held in Stationary Position by Moorings or Spuds. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Editorial correction deleting repealed text pursuant to 1-28-83 order filed 4-12-84 (Register 84, No. 15). 
§6638. Day Signals and Day Marks--Self-Propelling Suction Dredges Underway and Engaged in Dredging Operations. [Repealed]
History

HISTORY

1. Repealer filed 1-23-83; effective thirtieth day thereafter (Register 83, No. 5).
§6639. Day Signals and Day Marks--Vessels Moored or Anchored and Engaged in Laying Cables or Pipe, Submarine Construction, Excavation, Matsinking, Bank Grading, Dike Construction, Revetment, or Other Bank Protection Operations. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6640. Day Signals and Day Marks--Day Marks for Fishing Vessels with Gear Out. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6641. Passing U.S. Coast Guard Vessel Handling or Servicing Aid to Navigation. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6642. Passing Floating Plant--Speed of Vessels Passing Floating Plant Working in Channels. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6643. Passing Floating Plant--Light-Draft Vessels Passing Floating Plant. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6644. Passing Floating Plant--Aids to Navigation Marking Floating-Plant Moorings. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6645. Passing Floating Plant--Obstruction of Channel by Floating Plant. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6646. Passing Floating Plant--Clearing of Channels. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6647. Passing Floating Plant--Protection of Marks Placed for the Guidance of Floating Plant. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6648. Lights and Shapes--Application. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
3. New subsection (f) filed 10-31-83; effective thirtieth day thereafter (Register 83, No. 45).
4. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6648.1. Running Lights--Vessels--When Operating on “Inland Waters.” [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6648.2. Running Lights--Vessels--When Operating on “Inland Waters”--Visibility of Lights. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6648.3. Positioning and Technical Details of Lights and Shapes. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6648.4. Additional Signals for Fishing Vessels Fishing in Close Proximity. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6649. Running Lights--Vessels--When Operating on “Inland Waters”--Power-Driven Vessels Underway. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment of subsections (b) and (c) filed 5-13-80; effective thirtieth day thereafter (Register 80, No. 20).
3. Repealer and new section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
4. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6649.1. Running Lights--Vessels--When Operating on “Inland Waters”--Towing and Pushing. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6649.2. Running Lights--Vessels--When Operating on “Inland Waters”--Sailing Vessels Underway and Vessels Under Oars. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6649.3. Running Lights--Vessels--When Operating on “Inland Waters”--Fishing Vessels. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6649.4. Running Lights--Vessels--When Operating on “Inland Waters”--Vessels Not Under Command or Restricted in Their Ability to Maneuver. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6649.5. Running Lights--Vessels--When Operating on “Inland Waters.” [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6649.6. Running Lights--Vessels--When Operating on “Inland Waters”--Anchored Vessels and Vessels Aground. [Repealed]
Note     •     History

NOTE

Authority cited: Section 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6649.7. Running Lights--Seaplanes--When Operating on “Inland Waters.” [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6649.8. Lights on Barges at Bank or Dock. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 10-31-83; effective thirtieth day thereafter (Register 83, No. 45).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6650. Running Lights--Vessels--While Operating on the “High Seas.” [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
3. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
4. Amendment filed 10-31-83; effective thirtieth day thereafter (Register 83, No. 45).
5. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6650.1. Positioning and Technical Details of Lights Required for Use on Vessels Operating on the “High Seas.” [Repealed]
Note     •     History

NOTE

Authority cited: Sections 82, 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650 and 652, Harbors and Navigation Code.
HISTORY

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
2. Amendment filed 10-31-83; effective thirtieth day thereafter (Register 83, No. 45).
3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6651. Towing Astern--Running Lights--Power Driven Vessels Less Than 26 Feet in Length. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6652. Towing Astern--Running Lights--Power Driven Vessels 26 Feet or Over in Length. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6653. Towing Alongside--Running Lights--Power Driven Vessels Less Than 26 Feet in Length. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6654. Towing Alongside--Running Lights--Power Driven Vessels 26 Feet or Over in Length. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6655. Pushing Ahead--Running Lights--Power Driven Vessels Less Than 26 Feet in Length. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6656. Pushing Ahead--Running Lights--Power Driven Vessels 26 Feet and Over in Length. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6657. Lights to Be Displayed by a Towing Vessel When Towing a Submerged or Partly Submerged Object upon a Hawser When No Signals Can Be Displayed upon the Object Which Is Towed--Power Driven Vessels. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6658. Sailing Vessel--Running Lights--Starboard Side. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6659. Sailing Vessel--Running Lights--Port Side. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6660. Sailing Vessel--Running Lights--Side Light Screen. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6661. Sailing Vessel--Running Lights--Stern. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 
§6662. Small Vessel--Running Lights--Less Than 10 Gross Tons. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 5-13-80; effective thirtieth day thereafter (Register 80, No. 20).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6663. Sailing Vessel--Running Lights--Motorboat Propelled by Sail Alone. [Repealed]
History

HISTORY

1. Repealer filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
§6664. Vessels Towed--Lights. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6665. Trawling, Dredging or Fishing--Lights. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6666. Rowing Boats--Running Lights. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6667. Ferryboats--Running Lights. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6668. Lights for Barges, Canal Boats, Scows, and Other Nondescript Vessels. [Repealed]
Note     •     History

NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment of subsections (f) and (g) filed 5-13-80; effective thirtieth day thereafter (Register 80, No. 20).
3. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6669. Barges, Canal Boats, Scows, and Other Nondescript Vessels Temporarily Operating on Waters Requiring Different Lights. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6670. Visibility Requirement of Lights on Floating Plants. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6671. Power Driven Vessels, Derrick Boats, Lighters, or Other Types of Vessels Made Fast Alongside a Wreck, or Moored over a Wreck Which Is on the Bottom or Partly Submerged, or Which May Be Drifting--Lights. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6672. Dredges Held in Stationary Position by Moorings or Spuds--Lights. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 
§6673. Self-Propelling Suction Dredges Underway and Engaged in Dredging Operations--Lights. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6674. Vessels Moored or Anchored and Engaged in Laying Cable or Pipe, Submarine Construction, Excavation, Matsinking, Bank Grading, Dike Construction, Revetment, or Other Bank Protection Operations--Lights. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6675. Lights on Dredge Pipelines. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 5-13-80; effective thirtieth day thereafter (Register 80, No. 20).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6675.1. Pipelines Disengaged from Dredges--Lights. [Repealed]
Note     •     History

NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 5-13-80; effective thirtieth day thereafter (Register 80, No. 20).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6676. Floating Plant--Lights. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6677. Rafts and Other Craft--Lights. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6678. Vessels Other Than Raft or Rowboat--Lights. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6679. Raft--Lights. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6680. Lights of Vessel at Anchor. [Repealed]
Note     •     History

NOTE

Authority cited: Section 38, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
HISTORY

1. Amendment filed 5-11-71; effective thirtieth day thereafter (Register 71, No. 20). For prior history see Register 68, No. 48.
2. Amendment filed 2-16-79 as procedural and organizational; effective upon filing (Register 79, No. 7).
3. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6681. Anchor Lights--Vessel Under 150 Feet in Length. [Repealed]
History

HISTORY

1. Repealer filed 12-19-68; effective thirtieth day thereafter (Register 68, No. 48).
§6682. Vessel Not More Than 65 Feet in Length--Special Anchorage Area--Lights. [Repealed]
History

HISTORY

1. Repealer filed 12-19-68; effective thirtieth day thereafter (Register 68, No. 48).
§6683. Lights for an Overtaken Vessel. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6684. Special Signals to Attract Attention. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6685. White Lights for Power Driven Vessels Carried on Centerline. [Repealed]
History

HISTORY

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6686. Towing of Barges--Tows of Seagoing Barges Within Waters of California. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6687. Towing of Barges--Hawser Length--General. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 
§6688. Towing of Barges--Hawser Length--Exceptions. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6689. Towing of Barges--Bunching of Tows. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6690. Look-Out. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6691. Distress Signals--Recognized. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§6692. Visual Distress Signals--Required.
Note     •     History

(a) Applicability. Except for Section 6692.1 of Title 14 of the California Code of Regulations, these rules apply to boats on coastal waters of California as defined in (b) (2) of this section.
(b) Definitions.
(1) “Visual distress signal” means a device that is approved by the Commandant of the United States Coast Guard under Title 46, Code of Federal Regulations, Part 160, or certified by the manufacturer under Title 46, Code of Federal Regulations, Parts 160 and 161.
(2) “Coastal Waters” means the high seas of the State of California as defined in Section 6552(f) of Title 14 of the California Code of Regulations.
(3) “Passenger” means every person carried on board a vessel other than:
(A) The owner or his representative;
(B) The operator;
(C) Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or
(D) Any guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his carriage.
(c) Visual distress signals required.
(1) No person may use a boat 16 feet or more in length or any boat carrying six or less passengers for hire unless visual distress signals selected from the list in paragraph (i) of this section, or the alternatives in paragraph (j) of this section in the number required are on board. Devices suitable for day use and devices suitable for night use, or devices suitable for both day and night use must be carried.
(2) Between sunset and sunrise, no person may use a boat less than 16 feet in length unless visual distress signals, suitable for night use, selected from the list in paragraph (i) of this section, or paragraph (j) of this section, in the number required are on board.
(d) Launchers. When a visual distress signal carried to meet the requirements of paragraph (c) of this section requires a launcher to activate, then a launcher approved under Title 46, Code of Federal Regulations, Part 160.28, must also be carried.
(e) Exceptions. The following persons need not comply with paragraph (c) of this section; however, each must carry on board visual distress signals suitable for night use, selected from the list in paragraph (i), or paragraph (j) of this section, in the number required, between sunset and sunrise:
(1) A person competing in any organized marine parade, regatta, race, or similar event;
(2) A person using a manually propelled boat; or
(3) A person using a sailboat of completely open construction not equipped with propulsion machinery, under 26 feet in length.
(f) Stowage. No person may use a boat unless the visual distress signals required by paragraph (c) of this section are readily accessible.
(g) Serviceability. No person may use a boat unless each signal required by paragraph (c) of this section is in serviceable condition, and the service life of the signal, if indicated by a date marked on the signal, has not expired.
(h) Marking. No person may use a boat unless each signal required by paragraph (c) of this section is legibly marked with the approval number or certification statement, as specified in Title 46, Code of Federal Regulations, Parts 160 and 161.
(i) Visual distress signals accepted. Any of the signals listed in the following table, when carried in the number required, can be used to meet the requirements of paragraph (c) of this section.
(1) An electric distress light meeting the standards of 46 CFR 161.013. One is required to meet the night only requirement.
(2) An orange flag meeting the standards of 46 CFR 160.072. One is required to meet the day only requirement.
(3) Pyrotechnics meeting the standards noted in the following table.

TABLE

Approved			Number
Number			Required
Under		Accepted	to Be
46 CFR	      Pyrotechnic Signal Devices	for Use	Carried

160.021	Hand-Held Red Flare Distress Signal 3	Day and night	3

160.022	Floating Orange Smoke Distress Signals	Days only	3

160.024	Pistol-Projected Parachute Red Flare
	Distress Signals.	Day and night 1	3

160.036	Hand-Held Rocket-Propelled Para-
	chute Red Flare Distress Signals 	Day and night	3

160.037	Hand-Held Orange Smoke Distress
	Signals.	Day only	3

160.057	Floating Orange Smoke Distress Signals	Day only	3

160.066	Distress Signal for Boats, Red Aerial
	Pyrotechnic Flare	Day and night 2	3

1 These signals require use in combination with a suitable launching device approved under Title 46, Code of Federal Regulations, Part 160.028. 

2 These devices may be either self-contained or pistol launched, and either meteor or parachute assisted type. Some of these signals may require use in combination with a suitable launching device approved under Title 46, Code of Federal Regulations, Part 160.028. 

3  Must have manufacturers date of October 1, 1980 or later. 
(j) Any combination of signal devices selected from the types noted in paragraphs (i)(1), (2), and (3) of this section, when carried in the number required, may be used to meet both day and night requirements. Examples--the combination of the two hand-held red flares (160.021) and one parachute red flare (160.024 or 160.036) meets both day and night requirements. Three hand-held orange smoke (160.037) with one electric distress light (161.013) meet both day and night requirements. 
(k) Existing equipment. 
(1) Launchers manufactured before 1 January, 1981, which do not have approval numbers, are acceptable for use with meteor or parachute signals listed in table in Section (i)(3) as long as they remain in serviceable condition. 
NOTE

Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 650, Harbors and Navigation Code. 
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 
2. Amendment of subsection (a)(2) filed 8-28-86; effective thirtieth day thereafter (Register 86, No. 35). 
3. Amendment filed 11-25-87; operative 12-25-87 (Register 87, No. 49). 
4. New subsections (b)(3)-(b)(3)(D) filed 10-17-91; operative 11-18-91 (Register 92, No. 30).
5. Amendment of subsections (a), (b)(2), and (c)(1), repealer of subsection  (l)  and amendment of Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6692.1. Visual Distress Signals - Prohibited Use.
Note     •     History

No person in a boat shall display a visual distress signal on waters of the State under any circumstance except a situation where asssistance is needed because of immediate or potential danger to persons on board.
NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code. 
HISTORY

1. New section filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6694. Orders to Helmsman. [Repealed]
History

HISTORY

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 
§6695. Searchlights or Other Blinding Lights.
Note     •     History

(a) Except for law enforcement or search and rescue activities, flashing a searchlight or other blinding light onto the bridge or onto the pilothouse of any vessel underway is prohibited.
(b) All floodlights or headlights which may interfere with the proper navigation of an approaching vessel shall be so shielded that the lights will not blind the pilot of such vessel.
NOTE

Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Section 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
2. Amendment of Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§6696. Unnecessary Use of Sound Signaling Device. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
HISTORY

1. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 
§6697. Prima-Facie Evidence of Negligent Operation.
Note     •     History

Pursuant to the provisions of Section 655 of the Harbors and Navigation Code, the following described acts endanger life, limb or property and constitute evidence of reckless or negligent operation:
(a) Riding on the bow, gunwale or transom of a vessel propelled by machinery underway when such position is not protected by railing or other reasonable deterrent to falling overboard, or riding in a position or manner which is obviously dangerous. These provisions shall not apply to a vessel's crewmen in the act of anchoring, mooring or making fast to a dock or another vessel, or the necessary management of a sail.
(b) Maneuvering towed skiers, or other devices, so as to pass the towline over another vessel or its skier.
(c) Navigating a vessel, skis or other devices between a towing vessel and its tow or tows.
NOTE

Authority cited: Section 655, Harbors and Navigation Code. Reference: Sections 650, 655 and 655.3, Harbors and Navigation Code.
HISTORY

1. New section filed 10-13-72; effective thirtieth day thereafter (Register 72, No. 42).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
3. Amendment of Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
Article 5.1. Closure of Waterways to Recreational Boating
§6698.1. Definitions.
Note     •     History

The following definitions shall apply to the terminology used in this article:
(a) “department” means the Department of Boating and Waterways.
(b) “director” means the director of the Department of Boating and Waterways.
(c) “Sacramento-San Joaquin Delta and its tributaries and distributaries” means all or any part of the area identified in Section 12220 of the California Water Code and waterways flowing into and out of the Sacramento-San Joaquin Delta.
(d) “recreational vessel” means a vessel being used only for pleasure.
NOTE

Authority cited: Sections 63.9(e) and 660(b) and (c), Harbors and Navigation Code. Reference: Sections 33, 63.9(e), 650, 651 and 660(b) and (c), Harbors and Navigation Code; Section 8558(b) and (c), Government Code; Executive Order W-156-97; and Attorney General Opinion No. 97-307.
HISTORY

1. New article 5.1 (sections 6698.1-6698.3) and section filed 2-6-98 as an emergency; operative 2-6-98 (Register 98, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 99, No. 2).
3. Amendment of article heading and new section filed 1-4-99; operative 1-4-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 2).
§6698.2. Director's Authority for Restrictions or Closures.
Note     •     History

(a) During emergency situations, such as actual or projected high water levels or flooding, and in the interest of preserving the safety of persons and property, the director, or his or her designee, may restrict or order the closure of all or any part of the waters in the Sacramento-San Joaquin Delta, its tributaries and distributaries, and Suisun Bay, Grizzly Bay, and Honker Bay and their tributaries and distributaries to recreational vessels.
(b) In accordance with Section 660 of the Harbors and Navigation Code, all emergency restrictions or closures issued by the Department shall be effective for no more than 60 days. However, the director, or his or her designee may issue new restrictions or closures when the emergency is expected to continue beyond the 60 day period, after a public hearing is held by the department to receive comments from the public.
(c) The director, or his or her designee, may rescind or modify the restrictions or closures based on the status of the emergency conditions and/or the information or testimony provided at the public hearing referenced in subsection (b) above.
(d) When the director, or his or her designee, determines that the emergency situation, such as high water levels or flooding, has diminished, a notice shall be issued to law enforcement agencies, marinas, and news organizations rescinding the restrictions or closure.
NOTE

Authority cited: Sections 63.9(e) and 660(b) and (c), Harbors and Navigation Code. Reference: Sections 33, 63.9(e), 650 and 660(b) and (c), Harbors and Navigation Code; Executive Order W-156-97; and Attorney General Opinion No. 97-307.
HISTORY

1. New section filed 2-6-98 as an emergency; operative 2-6-98 (Register 98, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 99, No. 2).
3. New section filed 1-4-99; operative 1-4-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 2).
§6698.3. Removal of Restrictions or Closures.
Note     •     History

NOTE

Authority cited: Sections 63.9(e) and 660(b) and (c), Harbors and Navigation Code. Reference: Sections 33, 63.9(e), 650 and 660(b) and (c), Harbors and Navigation Code; Section 8558(b) and (c), Government Code; and Executive Order W-156-97.
HISTORY

1. New section filed 2-6-98 as an emergency; operative 2-6-98 (Register 98, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 99, No. 2).
Article 6. Waterway Marking System
§7000. Scope.
Note     •     History

Pursuant to the authority vested in it by Section 659, Harbors and Navigation Code, the Department adopts rules and regulations for a uniform system for marking the State's waters; such rules and regulations to establish, (a) a system of regulatory markers for use on all waters of the State to meet needs not provided for by the U.S. Coast Guard system of navigational aids, and (b) a system of navigational aids for use on the waters of the State not marked by the U.S. Coast Guard and/or not determined to be United States navigable waters; provided that such rules and regulations shall not be in conflict with the markings prescribed by the U.S. Coast Guard.
NOTE

Authority cited: Section 659, Harbors and Navigation Code. Reference: Sections 650 and 659, Harbors and Navigation Code.
HISTORY

1. Amendment of Article 6 (Sections 7000 through 7008) filed 5-11-71; effective thirtieth day thereafter (Register 71, No. 20). For prior history see Registers 66, No. 43 and 69, No. 44.
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§7001. Definition (as used in this article).
Note     •     History

(a) Waterway marker is any device designed to be placed in, on or near the water to convey an official message to a boat operator on matters which may affect health, safety, or well being, except that such devices of the United States or an agency of the United States are excluded from the meaning of this definition.
(b) Regulatory Marker is a waterway marker which has no equivalent in the U.S. Coast Guard system of navigational aids.
(c) State Aid to Navigation is a waterway marker which is the equivalent of a U.S. Coast Guard aid to navigation.
(d) Buoy is any device designed to float which is anchored in the water and which is used to convey a message.
(e) Sign is any device for carrying a message which is attached to another object such as a piling, buoy, structure or the land itself.
(f) A Display Area is the area on a sign or buoy needed for display of a waterway marker symbol.
(g) Symbols are geometric figures such as a diamond, circle, rectangle, used to convey a basic message.
(h) “Department” means the Department of Boating and Waterways.
NOTE

Authority cited: Section 659, Harbors and Navigation Code. Reference: Sections 650 and 659, Harbors and Navigation Code.
HISTORY

1. Amendment filed 2-16-79 as procedural and organizational; effective upon filing (Register 79, No. 7).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§7002. Waterway Markers Used on the Waters of This State Shall Be As Follows.
Note     •     History

(a) State Aids to Navigation.
(1) A red buoy or sign shall indicate that side of a channel to be kept to the right of a vessel when entering the channel from the main water body or when proceeding upstream; a green buoy or sign shall indicate that side of a channel to be kept to the left of a vessel when entering the channel from the main water body or when proceeding upstream.
These buoys or signs shall normally be used in pairs and only for the purpose of marking a clearly defined channel.
(2) A red and white vertically striped buoy or sign shall indicate the center of a navigable waterway.
(3) A red and green horizontally striped buoy or sign shall indicate a junction in the channel, or a wreck or obstruction which may be passed on either side. If the top band is red, the preferred channel is to the left when proceeding upstream or leaving the main water body. If the top band is green the preferred channel is to the right when proceeding upstream or leaving the main water body.
(4) White buoys shall indicate anchorage areas.
(5) The shapes of state aids to navigation shall be compatible with the shapes established by Coast Guard regulations for the equivalent Coast Guard aids to navigation.
(6) When lights are placed on buoys as an aid to navigation, their characteristics shall be compatible with those designated by Federal Regulations for federal aids to navigation. Red lights for this purpose shall be used only on red buoys and green lights only on green buoys.
(b) Regulatory Markers.
(1) A diamond shape of international orange with white center shall indicate danger. The nature of the danger may be indicated by words or well-known abbreviations in black letters inside the diamond shape, or above and/or below it on white background.
(2) A diamond shape of international orange with a cross of the same color within it against a white center without qualifying explanation shall indicate a zone from which all vessels are excluded.
(3) A circle of international orange with white center will indicate a control or restriction. The nature of the control or restriction shall be indicated by words, numerals, and/or well-known abbreviations in black letters inside the circle. Additional explanation may be given above and/or below it in black letters on white background.
(4) A rectangular shape of international orange with white center will indicate information, other than a danger, control or restriction, which may contribute to health, safety or well-being. The message will be presented within the rectangle in black letters.
(c) Letters or Numbers on Waterway Markers.
(1) Numbers, letters or words on a state aid to navigation or regulatory marker shall be placed in a manner to enable them to be clearly visible to an approaching or passing vessel. They shall be block style, well proportioned and as large as the available space permits. Numbers and letters on red or black backgrounds shall be white; numbers and letters on white backgrounds shall be black.
(2) State aids to navigation shall be numbered or lettered for identification. Red buoys and signs marking channels shall be identified with even numbers, and green buoys and signs marking channels shall be identified with odd numbers, the numbers increasing from the main water body or proceeding upstream. Buoys and signs indicating the center of a waterway or a channel junction shall be identified by letters of the alphabet. All numbers and letters used to identify state aids to navigation shall be preceded by the letters “CF.”
(d) Reflectorized Material. Where reflectorized materials are used, a red reflector will be used on a red buoy, a green reflector on a green buoy, and white reflectors only will be used on all other waterway markers, except that orange reflectors may be used on orange portions of regulatory markers, and yellow reflectors may be used on Special Markers, as defined in Section 7002.1.
NOTE

Authority cited: Section 659, Harbors and Navigation Code. Reference: Sections 650 and 659, Harbors and Navigation Code.
HISTORY

1. Amendment filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
2. Editorial correction of NOTE filed 10-11-85 (Register 85 No. 41).
§7002.1. Special Markers.
Note     •     History

Special markers are not primarily intended to assist navigation, but are used to indicate a special area or feature (i.e., traffic separation, anchorage areas, dredging, fish net areas, etc.) whose nature may be apparent from reference to a chart or other nautical document.
(a) Aids used to mark these areas or systems will be all yellow.
NOTE

Authority cited: Section 659, Harbors and Navigation Code. Reference: Sections 650, 655.3, and 659, Harbors and Navigation Code.
HISTORY

1. New section filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§7003. Authority to Place Markers.
Note     •     History

(a) No waterway marker shall be placed on, in, or near the waters of the State unless such placement is authorized by the agency or political subdivision of the State having power to give such authorization, except that the provisions of this section shall not apply to private aids to navigation under the jurisdiction of the U.S. Coast Guard.
(b) Such agency or political subdivision of the State will, prior to authorizing placement, obtain the necessary clearances of any federal and state agencies concerned. Nothing herein contained shall be construed to require such prior clearance with the Department.
(c) The agency or political subdivision of the State authorizing the placement of a waterway marker will inform the Department of the following:
(1) Exact location of the marker, expressed in latitude and longitude, or in distance and direction from one or more fixed objects whose precise location is known.
(2) The description and purpose of the marker, including its identifying number, if any, as required by Section 7002(a)(5), above.
NOTE

Authority cited: Section 659, Harbors and Navigation Code. Reference: Sections 650 and 659, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§7004. Maintenance of Waterway Markers.
Note     •     History

Waterway markers shall be maintained in proper condition, or be replaced or removed.
NOTE

Authority cited: Section 659, Harbors and Navigation Code. Reference: Sections 650 and 659, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§7005. Display of Waterway Markers.
Note     •     History

(a) A waterway marker may be displayed as a sign on a fixed support, as a buoy bearing a symbol on its surface, or as a sign mounted on a buoy.
(b) When a buoy is used to carry a symbol on its surface, it will be white, with a band of international orange at the top and a band of international orange above the water line at the bottom.
(c) A buoy whose sole purpose is to carry a sign above it will be marked with three bands of international orange alternating with two bands of white, each band occupying approximately one-fifth of the total area of the buoy above the water line, except where the sign itself carries orange bands; however, nothing in these regulations will be construed to prohibit the mounting of a sign on a buoy which has been placed for a purpose other than that of carrying a sign.
(d) When symbols are placed on signs, a suitable white background may be used outside the symbol.
NOTE

Authority cited: Section 659, Harbors and Navigation Code. Reference: Sections 650 and 659, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§7006. Specifications for Waterway Markers.
Note     •     History

(a) The size, shape, material, and construction of all markers, both fixed and floating, shall be such as to be observable under normal conditions of visibility at a distance such that the significance of the marker or aid will be recognizable in time to avoid danger.
(b) Waterway markers shall be made of materials which will retain, despite weather and other exposures, the characteristics essential to their basic significance, such as color, shape, legibility and position.
NOTE

Authority cited: Section 659, Harbors and Navigation Code. Reference: Sections 650 and 659, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§7007. Other Waterway Marking Devices.
Note     •     History

(a) Mooring Buoys. In order that mooring buoys shall not be mistaken for aids to navigation or regulatory markers, they shall be white, with a blue band clearly visible above the waterline.
(b) Placement of markers such as mooring buoys and permanent race course markers will be processed in the same manner as waterway markers.
(c) Such markers shall not be of a color, shape, configuration or marking which could result in their confusion with any federal or state aid to navigation or any state regulatory marker, and shall not be placed where they will obstruct navigation, cause confusion, or constitute a hazard.
NOTE

Authority cited: Section 659, Harbors and Navigation Code. Reference: Sections 650 and 659, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 2. Amendment of subsection (a) filed 11-25-87; operative 12-25-87 (Register 87, No. 49).
§7008. The Divers Flag.
Note     •     History

(a) A red flag with a white diagonal running from the upper left hand corner to the lower right hand corner (from masthead to lower outside corner) and known as the “Divers Flag” shall when displayed on the water, indicate the presence of a person engaged in diving in the water in the immediate area.
(b) Recognition of this flag by regulation will not be construed as conferring any rights or privileges on its users, and its presence in a water area will not be construed in itself as restricting the use of the water area so marked.
(c) Operators of vessels will, however, exercise precaution commensurate with conditions indicated.
(d) This flag may be displayed only when diving is in progress, and its display in a water area when no diving is in progress is that area will constitute a violation of the regulation and of section 659 of the Harbors and Navigation Code.
(e) Nothing in this section will require the carriage of a divers flag for any purpose.
NOTE

Authority cited: Section 659, Harbors and Navigation Code. Reference: Sections 650, and 659, Harbors and Navigation Code.
HISTORY

1. Editorial correction on NOTE filed 10-11-85 (Register 85, No. 41).
2. Amendment of subsection (d) substituting “may” for “shall” and new subsection (e) filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7009. The Ski Flag.
Note     •     History

(a) A red or orange flag measuring no less than 12 inches on each side, in the shape of a square or rectangle, mounted or displayed in such a manner as to be visible from every direction shall be known as a ski flag.
(b) The use of this flag will not be construed as conferring any rights or privileges on its users, and its display will not be construed in itself as restricting the use of the water in the vicinity of the vessel displaying the flag.
(c) Operators of vessels will, however, exercise precaution commensurate with conditions indicated.
(d) The ski flag shall be displayed when one or more of the following conditions exists.
(1) A downed skier.
(2) A skier in the water preparing to ski.
(3) A ski line extended from the vessel.
(4) A ski in the water in the vicinity of the vessel. The ski flag shall not be displayed at any other time.
NOTE

Authority cited: Sections 652, 658, 658.7 and 659, Harbors and Navigation Code. Reference: Sections 650, 655.3, 658.7 and 659, Harbors and Navigation Code.
HISTORY

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
2. Amendment of subsection (d) substituting “may” for “shall” and new subsection (e) filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
3. Amendment of subsections (a)-(b) and (c) and Note, new subsections (d)(1)-(4) and repealer of subsection (e) filed 10-17-91; operative 11-18-91 (Register 92, No. 30).
Article 7. For Hire Vessel Operator's License
§7500. Definitions.
Note     •     History

(a) As used in Article 2, (commencing with Section 760) Chapter 5 of Division 3, Harbors and Navigation Code, the terms “carrying more than three passengers for hire” and “carrying passengers for hire” mean the carriage of more than three persons by a vessel for a valuable consideration, whether directly or indirectly flowing to the owner, charterer, operator, agent or any other person interested in the vessel.
(b) “Passenger” means every person, other than the master and a member of the crew or other persons employed or engaged in any capacity on board a vessel in the business of that vessel.
(c) “Department” means the Department of Boating and Waterways.
NOTE

Authority cited: Section 770, Harbors and Navigation Code. Reference: Section 760, Harbors and Navigation Code.
HISTORY

1. Amendment of Article 7 ( §§ 7500 through 7505) filed 5-11-71; effective thirtieth day thereafter (Register 71, No. 20). For prior history see Registers 66, No. 43 and 69, No. 8.
2. Amendment of subsection (a) filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
3. Amendment filed 2-16-79 as procedural and organizational; effective upon filing (Register 79, No. 7).
4. Amendment of subsection (a) filed 5-13-80; effective thirtieth day thereafter (Register 80, No. 20).
5. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§7501. Requirements for Examination.
Note     •     History

(a) Prior to the issuance of a For-Hire Vessel Operator's License, every applicant shall meet the following requirements:
(1) Have attained the age of eighteen (18) years.
(2) Show evidence of at least one year's experience in operating the type of motorboat or motor vessel for which the applicant requests license to operate, on the type of water for which applicant requests license to operate.
(A) (Reserved)
(B) Other experience or training, which in the judgment of the Department is a reasonable equivalent, may be substituted.
(3) Furnish information to the Department on forms provided by the Department regarding the following:
(A) Name, address, date and place of birth, and description of applicant.
(B) Type of vessel the applicant requests license to operate.
(C) Waters on which applicant requests license to operate.
(D) Statement as to physical defects.
(E) Statement of experience and training in vessel operation.
(F) Certified statements regarding applicant's boat handling ability and moral character from three persons having knowledge of these matters but who are not members of the applicant's family.
(G) Certification of the truth of the statements submitted in his application.
(H) Applicant's signature.
(4) Submit a report, on forms provided by the Department, of a medical examination by a licensed physician within sixty (60) days of the date of application indicating:
(A) Diseases and other physical or mental defects. Conditions such as epilepsy, insanity, senility, acute general disease or neurosyphilis, badly impaired hearing, or other defect that would render the applicant incompetent to perform the ordinary duties of a licensed operator are grounds for refusal to issue a license.
(B) Possession, either with or without glasses, of at least 20/20 vision in one eye and at least 20/40 in the other. The applicant who wears glasses, however, must also be able to pass a test without glasses of at least 20/100 in both eyes.
(C) Unimpaired color sense as tested by a test utilized by the U.S. Coast Guard to determine color sense, or a similar test. This requirement may be waived if the operation of vessels for which the license is sought will be limited to hours of daylight; provided that any license issued on the basis of such waiver will be limited to operation of vessels during hours of daylight.
(D) Any of the requirements of this subdivision (4) may be waived where the Department determines that because of exceptional and unusual experience and skill or because of other unusual qualifications, the applicant evidences that he is a reliable and competent operator of the type of vessel for which he requests license to operate, on the water on which he requests license to operate. In granting any such waiver, the Department may impose such restrictions, limitations and conditions on the operation of for-hire vessels by such applicant as the Department deems necessary for the safety and protection of all persons carried on board such vessels.
(5) Successfully complete a written test of knowledge of factors affecting boat operation, including:
(A) State laws and regulations governing operation and equipment of undocumented vessels.
(B) Fire protection measures.
(C) Vessel and motor maintenance.
(D) Navigational aids.
(E) Safe operation of motorboats.
(F) First aid and life saving measures.
(6) In addition to the above requirements, an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in operating a vessel may also be required.
(b) Upon presentation to the Department of a valid master's, mate's, or operator's license issued by the U.S. Coast Guard as authorized by 46 CFR 15.605 and 15.607, the Department may waive the requirements listed in subdivisions (2), (3) (F), (4), (5) and (6) of subsection 7501(a).
(c) The Department may at any time terminate restrictions, limitations and conditions placed on a license whenever the licensee furnishes evidence that the basis for the restrictions, limitations and conditions no longer exists.
NOTE

Authority cited: Section 770, Harbors and Navigation Code. Reference: Section 767, Harbors and Navigation Code.
HISTORY

1. Amendment of subsection (a)(4)(B) filed 9-6-73; effective thirtieth day thereafter (Register 73, No. 36).
2. Order of Repeal of subsection (a)(2)(A) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
4. Amendment of subsection (b) filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7501.1. Time Periods for Processing For-Hire Vessel Operator's License.
Note     •     History

(a) The Department shall notify the applicant, in writing, within 10 days from receipt of application that the application is complete, or that the application is deficient, and what specific information is required.
(b) The Department shall then process the completed application for license, as required by Sections 762 and/or 767 of the Harbors and Navigation Code, and reach a decision to issue a license within 30 to 90 days, the median being 60 days.
NOTE

Authority cited: Section 764, Harbors and Navigation Code. Reference: Sections 762, 765 and 766, Harbors and Navigation Code; and Section 15376(a)-(c), Government Code.
HISTORY

1. New section filed 10-31-83; effective thirtieth day thereafter (Register 83, No. 45).
§7502. Grounds for Refusal to Issue License.
Note     •     History

The Department may refuse to issue a license for any of the following reasons:
(a) Failure of the applicant to meet the requirements set forth in Subdivisions (1) through (6) of Subsection 7501(a).
(b) Habitual use by the applicant of intoxicating liquor, or any narcotic drug, barbiturate or marijuana.
(c) Material misrepresentation or false statements in any application.
NOTE

Authority cited: Section 770, Harbors and Navigation Code. Reference: Section 766, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§7503. Renewal of License.
Note     •     History

Following are the requirements for renewal of licenses:
(a) Applicant must present evidence of satisfactory operation of vessels during the past five years, including at least one year of operation of the type of motorboat or motor vessel for which license was issued, on the type of water for which license was issued, or present other experience of training which, in the judgment of the Department, is a reasonable equivalent.
(b) Applicant must submit a report, on forms provided by the Department, of a medical examination by a licensed physician within 60 days of the date of the application for renewal indicating:
(1) Diseases and other defects. Conditions such as epilepsy, insanity, senility, acute general disease or neurosyphilis, badly impaired hearing, or other defect that would render the applicant incompetent to perform the ordinary duties of a licensed operator are grounds for refusal to renew a license.
(2) Possession, either with or without glasses, of at least 20/20 vision in one eye and at least 20/40 in the other. The applicant who wears glasses, however, must also be able to pass a test without glasses of at least 20/100 in both eyes.
(3) Unimpaired color sense as tested by a test utilized by the U.S. Coast Guard to determine color sense, or a similar test. This requirement may be waived if the operation of vessels under the license will be limited to hours of daylight; provided that any license renewed on the basis of such waiver will be limited to operation of vessels during hours of daylight.
(4) Any of the requirements of this subsection (b) may be waived where the Department determines that because of exceptional and unusual experience and skill or because of other unusual qualifications, the applicant evidences that he is a reliable and competent operator of the type of vessel for which he requests license to operate, on the water on which he requests license to operate. In granting any such waiver, the Department may impose such restrictions, limitations and conditions on the operations of for-hire vessels by such applicant as the Department deems necessary for the safety and protection of all persons carried on board such vessels.
(c) Upon presentation to the Department of a valid master's, mate's or operator's license issued by the U.S. Coast Guard as authorized by 46 CFR 15.605 and 15.905, the Department may waive the requirements listed in subsection (b) of this section.
NOTE

Authority cited: Section 770, Harbors and Navigation Code. Reference: Section 767, Harbors and Navigation Code.
HISTORY

1. Amendment of subsection (b)(2) filed 9-6-73; effective thirtieth day thereafter (Register 73, No. 36).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment of subsection (c) filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7504. Provisions Affecting Use of License.
Note     •     History

(a) No licensee or holder of an operator's license shall operate any for-hire vessel in violation of the terms and conditions upon which such license is issued, nor shall operate any vessel carrying passengers for hire subject to the provisions of this article, other than of the type designated on his license nor operate such vessel on any waters other than those designated on his license.
(b) The licensee shall notify the Department of any change of address within 30 days of such change.
(c) The operator of any vessel subject to the provisions of this article and article 2 (commencing with section 760) chapter 2, division 3, of the harbors and navigation code, shall have his license as operator in his possession and available for examination at all times when the vessel in being operated.
NOTE

Authority cited: Section 770, Harbors and Navigation Code. Reference: Sections 761, 767 and 769, Harbors and Navigation Code.
HISTORY

1. New NOTE filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7505. Investigations.
Note     •     History

(a) The Department may make periodic or special investigation of any licensee to ascertain his competence and physical condition with respect to operating for-hire vessels.
(b) The Department may investigate the operation of any vessel subject to this article and article 2 (commencing with section 760) chapter 2, division 3 of the Harbors and Navigation Code, for the sole purpose of ascertaining compliance therewith.
NOTE

Authority cited: Section 770, Harbors and Navigation Code. Reference: Sections 764, 765, 766, 767 and 769, Harbors and Navigation Code.
HISTORY

1. New NOTE filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
Article 8. Yacht and Ship Broker Licenses
§7601. General Definitions.
Note     •     History

Unless otherwise expressly indicated or compelled by the context in which used, words, phrases, and references appearing in this Chapter shall have meanings as ascribed herein.
(a) An “exclusive listing” is a written agreement between the owner of a vessel and a broker which provides that the commission is due the broker named in the contract if the boat is sold, traded, or exchanged within the time limit which must be specified in the contract by the said broker, by any other broker, or by the owner.
(b) An “open listing” is a written agreement between the owner of a vessel and a broker which authorizes the broker to negotiate the sale, trade, or exchange of the vessel, but reserves to the owner the right, without incurring a liability for the payment of a commission to said broker, to negotiate the sale, trade, or exchange of said vessel himself, or to enter into open listing agreements with other brokers respecting said vessel.
(c) “Advertising” is any written or printed communication or oral communication made in accordance with a text or outline that has been reduced to written form which is published for the purpose of inducing persons to sell or purchase a product or use a service.
(d) An “applicant” is a person applying to the Department of Boating and Waterways for a license.
(e) The “Act” is the Yacht and Ship Brokers Act and regulations pertaining thereto.
(f) The “Code” is the Harbors and Navigation Code.
(g) The “Director” is the Director of the Department of Boating and Waterways.
(h) The “Department” is the Department of Boating and Waterways.
(i) An “examination” is an examination to qualify for any license issued under authority of the Yacht and Ship Brokers Act.
(j) A “license” is any license issued under authority of the Yacht and Ship Brokers Act.
(k) The “licensee” is a licensed broker or salesman.
(l) A “permanent license” is a Yacht and Ship Broker's or Salesman's License originally issued for one year and renewable for one or two years, as opposed to a salesman's temporary license issued for sixty days.
(m) The “Yacht and Ship Brokers Act” is Chapter 5 of Division 3, Article 2 of the Code.
(n) “Consummated” means that buyer and seller shall have a signed purchase agreement, which agreement shall contain all the conditions of the sale, and said conditions have been met.
(o) “Completed” means all the conditions of the purchase agreement have been met and the bill of sale has been passed from seller to buyer.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Section 701, Harbors and Navigation Code.
HISTORY

1. Repealer of Article 8 (Sections 7601-7631, not consecutive, and new Article 8 (Sections 7601-7622) filed 12-1-78; effective thirtieth day thereafter (Register 78, No. 48). For prior history, see Registers 66, No. 43; 68, No. 46; 69, No. 10; 69, No. 30; 69, No. 46; 70, No. 11; 70, No. 19; 71, No. 20.
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§7602. Advertising.
Note     •     History

(a) Advertising of any service for which a license is required under the provisions of the Yacht and Ship Brokers Act shall disclose the name of the business as shown on the required license.
(b) In addition to the name of the broker on signs or in advertising, the words “licensed yacht broker,” “yacht broker,” “ship broker,” or “boat broker,” or “brokerage” in each such context may be used to indicate that the broker is a licensed yacht broker.
(c) No person, firm, or corporation may use any of the designations set forth in subdivision (b) hereof unless duly licensed under the Yacht and Ship Brokers Act, or otherwise exempted by law.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Section 708, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§7603. Investigative Authority.
Note     •     History

(a) The department may, with reasonable cause to suspect that a person or business is acting in the capacity of a broker, investigate that person or business to ascertain whether a license is or is not required.
(b) The department shall have authority to investigate and take lawful action deemed advisable with regard to complaints against brokers or salesmen acting only in a capacity for which they must be licensed.
(c) Any person, including a partnership or corporation purchasing used yachts for resale or taking yachts in trade for resale, shall transfer actual title to any such yacht into his name, or have in his possession, subject to inspection by the department, a good and sufficient bill of sale or other fit evidence of title if such person or firm wishes to claim exemption from licensing requirements of the Yacht and Ship Brokers Act.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections 703, 706, 720, 732, 733 and 734, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§7604. Trust Accounts.
Note     •     History

(a) In the absence of the broker, a licensed salesman authorized in writing by the broker, or other persons authorized by this section to make withdrawals from trust accounts, shall make deposits to trust accounts pursuant to section 714 of the Harbors and Navigation Code.
Withdrawals shall not be made from a trust account maintained as provided by section 714 of the Harbors and Navigation Code except upon the signature of at least one of the following:
(1) The broker;
(2) A salesman, or group of salesmen jointly who are in the employ of the broker and who have been authorized in writing by the broker to make withdrawals from such trust accounts. The broker shall not authorize more than one salesman or group of salesmen at any one time to make such withdrawals;
(3) Where the licensee is a corporation, any corporate officer who may be designated in writing by the corporation.
(b) Every broker required to maintain such trust fund account shall keep records of all funds deposited therein, which records shall clearly indicate the date and from whom he received the money, the date deposited, the dates of withdrawals, and other pertinent information concerning the transaction.
(c) Failure to maintain a trust fund account when required, and to deposit trust funds received promptly in said account, may be construed to be commingling, in violation of section 732, subsection (e) of the Harbors and Navigation Code.
(d) Upon request, the above-written authorization shall be made available to the department for its inspection.
(e) A check received from the offeror may be held uncashed by the broker until acceptance of the offer if
(1) the check by its terms is not negotiable by the broker or if the offeror has written instructions that the check shall not be deposited nor cashed until acceptance of the offer and
(2) the offeree is informed that the check is being so held before or at the time the offer is presented for acceptance.
(f) In these circumstances if the offeror's check was held by the broker in accordance with subdivision (e) until acceptance of the offer, the check shall be placed into a neutral escrow depository or the trust fund account or into the hands of the offeree if offeror and offeree expressly so provide in writing not later than the next business day following acceptance of the offer unless the broker receives written authorization from the offeree to continue to hold the check.
NOTE

Authority cited; Section 703, Harbors and Navigation Code. Reference: Sections 714 and 716, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
2. New subsections (e) and (f) filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7605. Shared Listings.
Note     •     History

If a broker intends to or does share a listing with other brokers, he must obtain authorization in writing from his principal to do so in his authorization to sell (listing agreement).
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Section 716, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§7606. Fees.
Note     •     History

In addition to license examination fees required by Sections 717 and 718 of the Harbors and Navigation Code to accompany applications for licenses, all other appropriate fees prescribed by Section 736 shall accompany such applications.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections 717, 718 and 736, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§7606.1. Time Periods for Processing Yacht and Ship Broker, Salesman, and Associated Licenses.
Note     •     History

(a) The Department shall notify the applicant, in writing, within 10 days from receipt of application, that the application is complete, or that the application is deficient, and what specific information is required.
(b) The Department shall then process the completed application for license(s), as required by Sections 717, 718, 722, 723, 724, 725, 727,728, 729, and/or 735, Harbors and Navigation Code, and reach a decision to issue a license within 30 to 90 days, the median being 60 days.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections 717, 718 and 724, Harbors and Navigation Code; and Section 15376(a)-(c), Government Code.
HISTORY

1. New section filed 10-31-83; effective thirtieth day thereafter (Register 83, No. 45).
§7607. Written Examination.
Note     •     History

An applicant who fails to appear for a scheduled written examination without notifying the Department prior to the exam date shall forfeit the examination fee and be required to pay an additional exam fee prior to taking any subsequent examination.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections 717, 718 and 721, Harbors and Navigation Code.
HISTORY

1. Repealer and new section filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7608. Broker Qualifications.
Note     •     History

(a) In addition to those persons specified in Section 719 of the Harbors and Navigation Code, if an individual can show that department records are incorrect, and he can, in fact, prove that he has been employed as a licensed Yacht and Ship Broker or Salesman for at least one year within the preceding five years, such applicant shall be deemed qualified to take the Yacht Broker's examination for a Yacht and Ship Broker's License.
(b) In addition to applicants described in Section 719(d), every applicant for a broker's or salesman's license and every person entitled to act in the capacity of a broker on behalf of a corporation or partnership shall be at least 18 years of age.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Section 719, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§7609. License Reinstatement.
Note     •     History

Application for reinstatement of a license shall be on a form furnished by the department and must be accompanied by the appropriate fees.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections 726 and 736, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§7610. License Renewal (Failure to) Penalties.
Note     •     History

(a) (Reserved)
(b) Any licensee who has failed to notify the department of a change of address, business structure, or in the case of a salesman, employing broker prior to renewal of license, and who does not submit the proper fee or fees for such change along with his renewal application and whose renewed or changed license is delayed beyond the expiration date of the license all or partly because of such failure, shall be subject to the penalty for reinstatement under provisions of Section 724(b) of the Harbors and Navigation Code.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections 722, 723, 724, 726 and 738, Harbors and Navigation Code.
HISTORY

1. Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§7611. Temporary Salesman's License.
Note     •     History

(a) For purposes of Section 719(a) of the Harbors and Navigation Code, experience while holding a temporary license as a salesman shall not be considered as partial experience necessary to qualify for a broker's license.
(b) In the event a salesman having the only temporary license permitted by subsection 725(a) of the Harbors and Navigation Code does not obtain a permanent license, and two years have passed since the expiration date of such temporary license, the department may issue another temporary license, pursuant to provisions of subsection 726(a) of the Harbors and Navigation Code.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections 719, 725 and 726, Harbors and Navigation$Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§7612. Salesman's License, Transfer of, Restrictions on Employment.
Note     •     History

(a) A temporary license to act as a salesman will be issued only to an applicant who has valid employment as such salesman with a duly licensed broker.
(b) A salesman's license or temporary salesman's license shall become inoperative upon the termination of such salesman's employment by a licensed broker, or upon the suspension or revocation of the employing broker's license. However, such salesman's license may be transferred to another licensed broker upon the holder's request. Such request for transfer must be accompanied by an application, as prescribed by the department, in writing executed by the new broker and the appropriate fee.
(c) No salesman shall associate himself with more than one broker concurrently.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections 719, 725 and 726, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§7613. Corporation and Partnership Licenses.
Note     •     History

(a) A broker's license issued to a corporation or partnership shall disclose the name and license number of the corporation or partnership, along with the name of the officer or partner entitled to act on behalf of the corporation or partnership. Additional licenses issued to other officers or partners acting on behalf of the corporation or partnership only shall disclose the name and license number of the corporation or partnership, followed by the name of such additional officers or partners. In the event the corporation or partnership is dissolved, all licenses disclosing the name and number of the corporation or partnership become invalid.
(b) In the event a licensed partner of a partnership, who is also licensed as a broker on his own behalf while acting on behalf of the partnership, violates any provision of the Yacht and Ship Brokers Act or regulations pertaining thereto, which is grounds for suspension or revocation of a license, both licenses may be suspended or revoked, and if necessary, either or both bonds attached. If such licensed partner, while acting on his own behalf commits such violation, his licenses to act on his own behalf and on behalf of the partnership are both subject to such suspension or revocation, and if necessary, his bond is subject to attachment.
(c) In the event a licensed officer of a corporation, who is also licensed as a broker on his own behalf while acting on behalf of the corporation, violates any provision of the Act or regulations pertaining thereto which is grounds for suspension or revocation of a license, both licenses may be suspended or revoked, and if necessary, either or both bonds attached. If such licensed officer of a corporation, while acting on his own behalf commits such violation, his licenses to act on his own behalf and on behalf of the corporation are both subject to such suspension or revocation and his bond is subject to attachment.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections 728 and 729, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§7614. Broker's Bond or Deposit.
Note     •     History

(a) The Yacht and Ship Broker's Bond Endorsement used shall be of the form prescribed and provided by the department.
(b) The department may not release its interest in a cash deposit made pursuant to section 731 of the Harbors and Navigation Code until a surety bond, dated to include the period for which the cash deposit was made, is filed with the department.
(c) The period required by subsection (b) will not exceed four years.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections 730 and 731, Harbors and Navigation Code.
HISTORY

1. New subsections (b) and (c) filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7615. Coercive and Oppressive Methods.
Note     •     History

It shall constitute coercive and oppressive methods within the meaning of Section 732, subsection (g) of the Harbors and Navigation Code, if a licensee who is also the owner, operator, or otherwise in charge of a landing pier or mooring place:
(a) Exacts or demands all or part of a broker's fee or commission from the sale by the owner or any other licensed broker or salesman of any yacht or boat moored at said landing pier or mooring place solely because said yacht or boat was or is moored at such pier or landing place;
(b) Expels or denies or refuses to permit the continued use or lease of such landing pier or mooring place by an owner of a boat or yacht for the reason that said boat or yacht is listed for sale with another licensee;
(c) Expels or denies or refuses to permit the continued use or lease of such landing pier or mooring place by the purchaser of a boat or yacht moored at such landing pier or mooring place because another licensee had made the sale of such boat or yacht.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections 732 and 733, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
2. Amendment of first paragraph filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§7616. Definite Place of Business.
Note     •     History

A definite place of business shall mean premises owned, rented, or leased by the broker which premises shall be locatable at a street address or road intersection and/or slip number, if applicable. A post office box and/or telephone number shall not be considered a definite place of business.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Section 735, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§7617. Branch Offices.
Note     •     History

(a) Any broker who regularly transacts business at a location other than his established principal office, or who employs other brokers or salesmen to do so shall be deemed to be maintaining a branch office at such location.
(b) A temporary exhibit of less than three weeks duration at a county or state fair or an organized boat or sport show shall not be deemed a branch office.
(c) If a broker uses more than one fictitious business name at the same location, a separate branch office license shall be obtained in addition to the current principal or branch office license at that location.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections708 and 735, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
2. New subsection (c) filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7618. Identification Card.
Note     •     History

(a) A broker's identification card shall be issued only to the person named on the license, and there shall also appear on such card the name of the corporation, partnership or association which he represents. The broker to whom such identification card is issued shall place his signature thereon.
(b) A salesman's identification card shall be issued only to a licensed salesman, and shall bear the name of the employing licensed broker. The salesman shall place his signature thereon.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Section 735, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§7619. Broker-Salesman Relationship Agreement.
Note     •     History

Every broker shall have a written agreement with each of his salesmen, whether licensed as a salesman or as a broker under a broker-salesman arrangement. The agreement shall be dated and signed by the parties and shall cover material aspects of the relationship between the parties.
Signed copies of the agreement shall be retained by the parties thereto, and shall be available for inspection by the department or its designated representative on request.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Section 703, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§7620. Retention of Records.
Note     •     History

A licensed broker shall retain for four years copies of all listings, deposit receipts, cancelled checks, trust records, and other documents executed by him or obtained by him in connection with a transaction for which a Yacht and Ship Broker's License is required. Upon request, these records shall be made available to the Department for their inspection.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections 703, 714, 715 and 716, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§7621. Government Office.
Note     •     History

When the holder of a Yacht and Ship Broker or Salesman's License is required to relinquish his license to assume an office in local, state, or federal government, he may have it reinstated at any time within six months of termination of his service in such office upon payment of the appropriate renewal fee.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Section 724, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 
§7622. Property Taxes.
Note     •     History

Any agreement between a buyer and seller of a yacht negotiated by a broker to prorate personal property taxes for a twelve-month period shall specify the applicable tax year and the date of the commencement of such twelve-month period, and shall clearly state the actual amounts payable by the seller and buyer.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections 703 and 716, Harbors and Navigation Code.
HISTORY

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§7623. Offers.
Note     •     History

(a) The licensee must present or cause to be presented to the owner of the vessel any offer to purchase received prior to the completion of a sale, unless expressly instructed by the owner not to present such an offer.
(b) A licensee shall not present competing offers to purchase a vessel to the owner in such manner as to induce the owner to accept an offer which will provide the greatest compensation to the licensee, without regard to the benefits, advantages, and/or disadvantages to the owner.
NOTE

Authority cited: Section 703, Harbors and Navigation Code. Reference: Sections 709 and 716(c), Harbors and Navigation Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
Article 9. Small Boat Towing and Safety
§7700. Definitions.
Note     •     History

NOTE

Authority cited: Sections 621 and 652, Harbors and Navigation Code. Reference: Sections 610, 611, 612, 615, 616, 617, 618, 620 and 622, Harbors and Navigation Code.
HISTORY

1. New article 9 (sections 7700-7710) filed 12-3-85; effective thirtieth day thereafter (Register 85, No. 49).
2. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7701. Applications for Certificate of Registration of a Small Boat Towing Service.
Note     •     History

NOTE

Authority cited: Sections 621 and 652, Harbors and Navigation Code. Reference: Sections 611, 615, 616 and 622, Harbors and Navigation Code.
HISTORY

1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7702. Requirements for Certificate of Registration.
Note     •     History

NOTE

Authority cited: Sections 615, 621 and 652, Harbors and Navigation Code. Reference: Chapter 4.3 (commencing with section 610), Division 3, Harbors and Navigation Code; and Section 1760.5, Insurance Code.
HISTORY

1. Amendment of subsection (d)(3) filed 8-28-86; effective thirtieth day thereafter (Register 86, No. 35).
2. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7703. Partnership Certificate of Registration.
Note     •     History

NOTE

Authority cited: Sections 621 and 652, Harbors and Navigation Code. Reference: Section 611, 612 and 615, Harbors and Navigation Code.
HISTORY

1. Amendment of subsection (d)(3) filed 8-28-86; effective thirtieth day thereafter (Register 86, No. 35).
2. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7704. Corporation Certificate of Registration.
Note     •     History

NOTE

Authority cited: Sections 621 and 652, Harbors and Navigation Code. Reference: Section 611, 612 and 615, Harbors and Navigation Code.
HISTORY

1. Amendment of section heading filed 8-28-86; effective thirtieth day thereafter (Register 86, No. 35).
2. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7705. Authorized Operators.
Note     •     History

NOTE

Authority cited: Sections 621 and 652, Harbors and Navigation Code. Reference: Sections 611, 612, 615 and 622, Harbors and Navigation Code.
HISTORY

1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7706. Grounds for Refusal to Issue Certificate of Registration.
History

HISTORY

1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7707. Suspension of Certificate of Registration.
History

HISTORY

1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7707.1. Refusal to Issue.
Note     •     History

NOTE

Authority cited: Sections 621 and 652, Harbors and Navigation Code.
HISTORY

1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7708. Provisions Affecting Use of Certificate of Registration.
History

HISTORY

1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7709. Time Periods for Processing.
History

HISTORY

1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7710. Arbitration Fees.
History

HISTORY

1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
Article 10. Boating Safety  Education Regulations
§8000. Criteria for Required Boating Safety Course.
Note     •     History

(a) The Department shall approve and maintain an approved listing of boating safety education courses.
(b) Boating safety education courses approved by the Department shall be general, entry level courses. The courses shall contain at least the following elements or subjects:
(1) Boating laws and regulations
(2) Rules of the road and navigational lights
(3) Safety and responsibility
(4) Required equipment
(5) Basic boat handling
(6) Navigational aids (Uniform State Waterway Marking System)
(7) Boating operation emergencies and accidents
(8) Alcohol
(9) Weather.
(c) The certificate for completion and passage of the course shall include:
(1) The name of the person passing the course.
(2) Date of course completion.
(3) The name of the organization that provided the course.
(4) A statement that the course has been approved by the California Department of Boating and Waterways.
(d) The fees for these approved boating education courses shall not exceed the expenses associated with providing the courses. 
NOTE

Authority cited: Section 668.1, Harbors and Navigation Code. Reference: Sections 655, 655.2, 658, 658.5 and 668.1, Harbors and Navigation Code; and section 191.5, Penal Code.
HISTORY

1. New section filed 10-17-91; operative 11-18-91 (Register 92, No. 30).
2. Amendment of subsection (d) filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
Article 11. Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms
§8100. Purpose.
Note     •     History

The purpose of the selection process for private architectural, landscape architectural, engineering, environmental, land surveying and construction project management firms is to provide procedures that assure such services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed, at fair and reasonable prices to the Department of Boating and Waterways. 
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4525 and 4526, Government Code. 
HISTORY

1. New article 11 (sections 8100-8100.13) and section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
§8100.1. Definitions.
Note     •     History

The following definitions shall be used in this article. 
(a) “Architectural, landscape architectural, engineering, environmental, land surveying services” includes those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. 
(b) “Construction project management” means those services provided by a licensed architect, registered engineer, or licensed general contractor which meet the requirements of Section 4529.5 of the Government Code for management and supervision of work performed on state construction projects. 
(c) “Contract” means any agreement entered into by the Department for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services. 
(d) “Department” means the Department of Boating and Waterways. 
(e) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture, landscape architecture, engineering, environmental services, land surveying or construction project management. 
(f) “Multiple Contracts” means contracts that may be awarded to multiple firms. 
(g) “On-Call Contracts” means contracts for projects that involve more than one component, site, or activity. 
(h) “Single Firm Contract” means a contract that is let to the single most qualified firm. 
(i) “Small Business” is a firm that meets the definition of “small business” provided in Government Code Section 14837. 
(j) “Specific Project Contract” is a contract for a project that involves a single subject matter and may result in a single contract. 
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4525, 4526 and 14837 Government Code. 
HISTORY

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
§8100.2. Contract Types.
Note     •     History

(a) The Department may utilize specific project contracts, single firm contracts, multiple contracts, or on-call contracts depending on the specific situation. All contract types are subject to this Article. 
(b) Multiple contracts may be awarded for contracts that cover different, specific geographic regions; contracts that encompass different specific, unique disciplines; or contracts for which there would be a primary contractor, with a backup contractor in the event the primary contractor is unavailable for the assignment.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4525 and 4526, Government Code. 
HISTORY

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
§8100.3. Selection Criteria.
Note     •     History

The Department shall establish selection criteria that will comprise the basis for the selection of eligible firms to perform the required services. The criteria may include such factors as professional experience of the firm in performing services of similar nature; quality and relevance of recently completed or ongoing work; reliability, continuity, and location of firm to the project site; staffing capability; education and experience of key personnel to be assigned; knowledge of applicable regulations and technology associated with the services required; specialized experience of the firm in the services to be performed; participation as small business firm; and other factors the Department deems relevant to the specific task to be performed. 
The Department may weigh these factors according to the nature of the proposed project, the complexity and special requirements of the specific services, and the needs of the Department. 
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4527 and 4529.5, Government Code.
HISTORY

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
§8100.4. Request for Qualifications.
Note     •     History

(a) A statewide announcement of each proposed project shall be published in the California State Contracts Register, in accordance with the Government Code (commencing with Section 14825), and in the publications of the respective professional societies. Failure of any professional society to publish the announcement shall not invalidate any contract. 
(b) The announcement for each proposed project shall include, at a minimum, a brief description of the services required, location and duration of services, criteria upon which the award will be made, submittal requirements, contact person for the Department, and the final response date for receipt of statements from firms of their demonstrated competence and professional qualifications. 
(c) The Department shall identify potentially qualified small business firms interested in contracting with the Department, and shall provide copies of project announcements to those small business firms that have indicated an interest in receiving the announcements. Failure of the Department to send a copy of an announcement to any firm shall not invalidate any contract. 
NOTE

Authority cited: Section 4526, Government Code. References: Sections 4526, 4527 and 14825, Government Code. 
HISTORY

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
§8100.5. Annual Submission of Qualifications.
Note     •     History

In compliance with Government Code section 4527, interested firms may submit their qualifications and performance data to the Department annually throughout the year. The Department may consider such qualifications and performance data when selecting a contractor in accordance with Section 8100.6. Such qualifications and performance data that are on file with the Department for longer than one year, and not subsequently renewed or refiled, shall not be considered by the Department in its selection process. 
NOTE

Authority cited: Section 4527, Government Code. Reference: Section 4527, Government Code. 
HISTORY

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
§8100.6. Selection of Qualified Firms.
Note     •     History

(a) After the expiration of the final response date in the published project announcement, the Department shall review and evaluate the written statements of demonstrated competence and professional qualifications using the selection criteria in the published project announcement, and rank, in order of preference, the firms determined as most highly qualified to perform the required services. 
(b) The Department shall conduct discussions with at least the three most eligible firms, or a lesser number if fewer than three eligible firms have responded, about anticipated concepts and the benefit of alternative methods for furnishing the required services. From the firms with which discussions are held, the Department shall select, in order of preference, not less than three firms, or lesser number if fewer than three eligible firms responded, deemed to be the most highly qualified to perform the required services. 
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code. 
HISTORY

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
§8100.7. Negotiation.
Note     •     History

(a) From among the firms selected in Section 8100.6, as most highly qualified to perform the services required, the Department shall attempt to negotiate a satisfactory contract with the best qualified firm at a compensation which the Department determines is fair and reasonable. 
(b) If the Department is unable to negotiate a satisfactory contract with the best qualified firm at a compensation which the Department determines is fair and reasonable, negotiations with that firm shall be terminated and negotiations undertaken with the second best qualified firm. If unable to negotiate a satisfactory contract with the second best qualified firm at a compensation which the Department determines is fair and reasonable, negotiations with that firm shall be terminated and negotiations undertaken with the third best qualified firm. If unable to negotiate a satisfactory contract with the third best qualified firm at a compensation which the Department determines is fair and reasonable, negotiations with that firm shall be terminated. 
(c) Where the Department is unable to negotiate a satisfactory contract in accordance with subsections (a) and (b), the Department shall continue the negotiations process with the remaining qualified firms, if any, in order of preference, until a satisfactory contract is reached. If unable to negotiate a satisfactory contract with any of the qualified firms, the Department shall abandon the negotiation process for the required services. 
NOTE

Authority cited: Section 4526, Government Code. References: Sections 4527 and 4528, Government Code.
HISTORY

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
§8100.8. Estimated Value of Services.
Note     •     History

(a) Before entering into discussion with any firm selected pursuant to Section 8100.6, Department staff shall prepare an estimate of the value of the proposed contract, based upon accepted rates for comparable services. The estimate will serve as a guide in determining fair and reasonable compensation in the negotiation of a satisfactory contract in accordance with the provisions of Section 8100.7, and shall not be disclosed until award of the contract or abandonment of the negotiation process for the services to which it relates. 
(b) At any time the Department determines the estimate prepared in accordance with (a) to be unrealistic for any reason, the Department shall reevaluate the estimate and, if necessary, modify the estimate. 
NOTE

Authority cited: Section 4526, Government Code. References: Sections 4526 and 4528, Government Code. 
HISTORY

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
§8100.9. Amendments.
Note     •     History

Where the Department determines that a change in the contract is necessary during the performance of the services, the parties may, by mutual consent, in writing, agree to modifications, additions or deletions in the general terms, conditions and specifications for the services involved, with a reasonable adjustment in the firm's compensation. 
NOTE

Authority cited: Section 4526, Government Code. References: Sections 4527 and 4528, Government Code. 
HISTORY

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
§8100.10. Contracting in Phases.
Note     •     History

Where the Department determines it is necessary or desirable for a project to be performed in separate phases, the Department may negotiate a partial compensation for the initial phase of the services required; provided, however, the Department first determines that the firm selected is best qualified to perform the entire project. The contract shall include a provision that the Department may, at its option, utilize the firm to perform other phases of the services at a compensation which the Department determines is fair and reasonable, to be later negotiated and included in a mutual written agreement. In the event that the Department exercises its option under the contract to utilize the firm to perform other phases of the project, the procedures of Sections 8100.7 and 8100.8, regarding estimates of value of services and negotiation shall be followed. 
NOTE

Authority cited: Section 4526, Government Code. References: Sections 4526 and 4528, Government Code. 
HISTORY

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
§8100.11. Department's Power to Require Bids.
Note     •     History

If the Department determines that the services are technical in nature and involve little professional judgment and that requiring bids would be in the public interest, a contract may be awarded on the basis of competitive bids and not the procedures of this Article. 
NOTE

Authority cited: Section 4526, Government Code. References: Section 4529, Government Code. 
HISTORY

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
§8100.12. Unlawful Considerations.
Note     •     History

Each contract shall include a provision by which the firm warrants that the contract was not obtained or secured through rebates, kickbacks or other unlawful considerations either promised or paid to any Department employee. Failure to adhere to this warranty may be cause for contract termination and recovery of damages under the rights and remedies due the Department under the default provision of the contract. 
NOTE

Authority cited: Section 4526, Government Code. References: Section 4526, Government Code. 
HISTORY

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
§8100.13. Prohibited Relationships.
Note     •     History

No Department employee who participates in the evaluation or selection process leading to award of a contract shall have a relationship with any of the firms seeking that contract, if that relationship is subject to the prohibition of Government Code Section 87100. 
NOTE

Authority cited: Sections 4526 and 4527, Government Code. References: Sections 4526, 4527, 87100 and 87102, Government Code.
HISTORY

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 19). 
Chapter 2. Regulations for Implementation of the California Environmental Quality Act of 1970
NOTE

Authority cited: Section 21082, Public Resources Code; and Section 63.9, Harbors and Navigation Code. Reference: Sections 21000, 21174, Public Resources Code; and Sections 71.4 and 72.5, Harbors and Navigation Code.
HISTORY

1. New Chapter 2 ( §§ 8500 through 8530, not consecutive) filed 6-15-73; effective thirtieth day thereafter (Register 73, No. 24).
2. Amendment filed 5-13-80; effective thirtieth day thereafter (Register 80, No. 20).
3. Repealer of Chapter 2 (Articles 1-6, Sections 8500-8530, not consecutive) filed 12-3-81; effective thirtieth day thereafter (Register 81, No. 49). For prior history, see Register 74, No. 25. 
Chapter 3. Conflict of Interest Code
§8600. General Provisions.
Note     •     History

The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, Title 2 California Code of Regulations Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of Title 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Department of Boating and Waterways.
Pursuant to Title 2 of the California Code of Regulations Section 18730, designated employees shall file statements of economic interests with their agencies. Upon receipt of the statements of the Director and Commissioners, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission.
NOTE

Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300, et seq., Government Code.
HISTORY

1. New Chapter 3, Articles 1-5 (Sections 8600-8650, not consecutive) filed 5-13-77; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 3-17-77 (Register 77, No. 20).
2. Repealer of Chapter 3 (Articles 1-5, Sections 8600-8650, not consecutive) and new Chapter 3 (Section 8600 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Amendment of section and Appendix filed 2-11-2003; operative 3-13-2003. Submitted to OAL for printing only (Register 2003, No. 7). 

Appendix

Designated	Disclosure
Employees/Division	Category

Executive Office
Department Director	 1
Deputy Director	 1
Staff Counsel	 2

Legislation, Public Information & Regulations
Senior Boating Administrator/Division Chief	2
Associate Governmental Program Analyst	2

Boating Facilities Division
CEA/Division Chief	 2
Supervising Civil Engineer	2
Senior Engineering Geologist	2
Oceanographer	2
Staff Services Manager	2
Aquatic Pest Control Program Manager	2
Aquatic Pest Control Assistant Program Manager	2
Senior Civil Engineer	2
Associate Civil Engineer	2
Civil Engineering Associate	2
Assistant Civil Engineer	2
Junior Civil Engineer	2
Boating Facilities Manager II	2
Project Managers	 2
Associate Landscape Architect	 2
Associate Governmental Program Analyst	 2
Staff Services Analyst	 2
Environmental Scientist	 2

Administrative Services Division
Staff Services Manager/Division Chief	 2
Business Services Officer	 2
Staff Information Systems Analyst (Supervisor)	 2
Associate Information Systems Analyst (Specialist)	 2
Assistant Information Systems Analyst	 2

Boating Operations Division
Staff Services Manager/Division Chief	 2
Staff Services Manager	 2
Associate Governmental Program Analyst	 2
Staff Services Analyst	 2
Program Managers	 2

Department Wide
Consultants*	 1
Members of the Boating and Waterways Commission	 2
Disclosure Categories
1. Every person in Category 1 must disclose all investments, interests in real property, income and his or her status as a director, officer, partner, trustee, employee or holder of any position of management in any business entity.
2. Every person in Category 2 must disclose investments, interests in real property, income and his or her status as a director, officer, partner, trustee, employee or holder of any position of management in a business entity, if the business entity, source of income or real property is:
(a) subject to or foreseeably may be subject to any laws of the State of California relating to the control of recreational boating, or subject to any rules or regulations promulgated by the Department of Boating and Waterways;
(b) one which has contracted, or in the future foreseeably may contract with the Department to provide services, supplies, materials, machinery, instrumentation, or equipment to the Department;
(c) associated with the manufacture, distribution, sale, repair, or advertisement of recreational boating, marine equipment and supplies or other related products;
(d) regularly engaged in the business of environmental impact reports or environmental impact statements; or
(e) an interest in real property in or contiguous to recreational boating facilities.

______

*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadcast disclosure category in the code subject to the following limitation:

The director may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
Division 5. San Francisco Bay Conservation and Development Commission
Chapter 1. General Provisions
Article 1. Interpretation of Regulations
§10110. Purpose of Regulations.
Note     •     History

These regulations supplement and interpret the McAteer-Petris Act (Sections 66600 through 66661 of the Government Code), the Suisun Marsh Preservation Act (Sections 29000 through 29610 of the Public Resources Code), the San Francisco Bay Conservation and Development Commission's San Francisco Bay Plan, the San Francisco Bay Conservation and Development Commission's Suisun Marsh Protection Plan, the Coastal Zone Management Act of 1972, as amended (16 U.S.C. Sections 1451 through 1464), the California Environmental Quality Act (Sections 21000 through 21176 of the Public Resources Code), and the act creating the State Coastal Conservancy (Division 21 of the Public Resources Code), as all of them may be amended from time to time. No attempt has been made to reproduce in these regulations the definitions, policies, and other provisions found in the Acts and in the Plans. Therefore, these regulations should be read together with the Acts and the Plans.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Title 7.2, Government Code; Divisions 13, 19 and 21, Public Resources Code; San Francisco Bay Plan; Suisun Marsh Protection Plan; and 16 U.S.C. Sections 1451-1464(a).
HISTORY

1. New Division 5 (§§ 10110 through 10836, not consecutive) filed 11-10-70; effective thirtieth day thereafter (Register 70, No. 46).
2. Amendment filed 11-28-80; effective thirtieth day thereafter (Register 80, No. 48).
3. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§10111. Explanation of References.
Note     •     History

References in these regulations to “Chapter____,” “Subchapter____,” “Article____,” “Section____,” and “Paragraph (____)” denote subdivisions of these regulations.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Title 7.2, Government Code; and Divisions 13, 19 and 21, Public Resources Code.
HISTORY

1. Amendment filed 11-28-80; effective thirtieth day thereafter (Register 80, No. 48).
2. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Article 2. Definitions
§10120. Emergency.
Note     •     History

“Emergency,” as used in the McAteer-Petris Act, the Suisun Marsh Preservation Act, and in these regulations other than in the context of calling an emergency meeting means a situation that poses an immediate danger to life, health, property, or essential public services and that demands action by the Commission more quickly than the Commission's normal permit procedures would allow. A situation that poses an immediate danger to life, health, property, or essential public services may include, for example, an accident, sabotage, vandalism, fire, flood, earthquake, or soil or geologic movements.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 11125.5, Government Code; and Section 29509(a), Public Resources Code.
HISTORY

1. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 9-25-96; operative 10-25-96 (Register 96, No. 39).
§10121. San Francisco Bay and Certain Waterways Jurisdiction.
Note     •     History

(a) These regulations shall refer to the upland boundary of the Commission's jurisdiction over “San Francisco Bay,” pursuant to GovernmentCode Section 66610(a) (“San Francisco Bay” jurisdiction), and the upland boundary of the Commission's jurisdiction over those certain waterways listed in Government Code Section 66610(e) (“certain waterways” jurisdiction) as “the shoreline.” The shoreline shall be defined as being located at mean high water in those areas other than tidal marsh and at five feet above mean sea level in areas of tidal marsh. Where necessary to distinguish the upland edge of the Commission's San Francisco Bay jurisdiction from the upland edge of the Commission`s certain waterways jurisdiction, these regulations refer to the former as “San Francisco Bay shoreline” and the latter as “the certain waterways shoreline.”
(b) The Commission's San Francisco Bay and certain waterways jurisdictions include all bodies of water having the nature of open water, however named, including sloughs, harbors, straits, channels, estuaries, bays, marinas, basins, and coves up to the shoreline.
(c) The Commission's San Francisco Bay jurisdiction includes those portions of other waterways, however named, that are in fact parts of San Francisco Bay rather than tributaries and that are shown as parts of San Francisco Bay on the San Francisco Bay Plan Maps, including but not limited to: 

	Map No.	Name and Location 
	4	Castro Creek (Richmond) adjacent to the remaining marsh
	6	Mt. Eden Creek (Hayward), passing through the remaining 				marsh
	6	Alameda Creek Flood Control Channel (Hayward), passing 				through the remaining marsh
	7	Coyote Creek, bayward of the railroad crossing (Fremont and 				Santa Clara County)
	7	San Francisquito Creek (Palo Alto), bayward of the inland 				boundary of the Faber Tract
	6	Redwood Creek (Redwood City), bayward from the Redwood
		City  Municipal Yacht Harbor 
	5	Islais Creek (San Francisco)
	4	Corte Madera Creek, bayward of the railroad crossing 
		(Marin County)
	1 & 4	Galinas Creek (Marin County), bayward of the junction of the 				North and South Forks
	1	Novato Creek (Marin County), bayward of the eastern high 
		tension line as it existed on September 17, 1965
	1	Petaluma River, bayward of the Highway 37 bridge (Marin and 		Sonoma Counties)
	1	Tolay Creek, bayward of the northernmost point of Lower 
		Tubbs Island near the Island Land Club (Sonoma County)
	1	Sonoma Creek, bayward of the Highway 37 bridge (Sonoma and 		Solano Counties)
	2	Napa River, bayward of the Highway 37 bridge (Vallejo).
(d) The Commission's San Francisco Bay jurisdiction includes Spoonbill Creek and the unnamed cut running northward just east of Collinsville, Solano County, but not including water areas lying generally southward of a line drawn from Simmons Point northeasterly along the southern shoreline of Chipps Island, Van Sickle Island, and the mainland, to the mouth of Marshall Cut.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Section 66610(a), Government Code; Littoral Dev. Co. v. San Francisco Bay Conservation and Dev. Comm'n (1994) 24 Cal.App. 4th 1050, 29 Cal. Rptr. 2d 518.
HISTORY

1. Repealer of former Section 10121, and renumbering and amendment of Section 10126 to Section 10121 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 73, No. 16.
2. Amendment of section heading, section and Note filed 5-24-96; operative 6-23-96 (Register 96, No. 21).
3. Change without regulatory effect amending section filed 3-1-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 9).
§10122. Slough.
Note     •     History

“Slough” means:
(a) a stream of water labelled as a slough on the U.S. Geological Survey maps current as of September 1, 1968; or
(b) any other stream of water that passes through a tidal marsh or mudflat or a former tidal marsh or mudflat extending up to the shoreline, except those certain waterways covered by the provisions of subdivision (e) of Government Code Section 66610 and those waterways enumerated in Section 10121(b).
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Section 66610(a); and Littoral Dev. Co. v. San Francisco Bay Conservation and Dev. Comm'n (1994) 24 Cal.App. 4th 1050, 29 Cal. Rptr. 2d 518.
HISTORY

1. Repealer of former Section 10122, and renumbering and amendment of Section 10131 to Section 10122 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 79, No. 44.
2. Amendment of subsection (b) and Note filed 5-24-96; operative 6-23-96 (Register 96, No. 21).
§10123. Areas Excluded From Commission Jurisdiction.
Note     •     History

(a) An area that would fall within the Commission's jurisdiction only as the result of the natural destruction of a man-made works, such as a dike, levee, or other similar tidal control structure, shall remain excluded from the Commission's jurisdiction for a period ending one year after the Commission has given an affected property owner written notice of the potential extension of the Commission's jurisdiction as a result of the destruction, or for such longer period as may be specified by Commission resolution based upon its finding that repairs of the destruction could not physically be completed within one year after receipt of written notice of the potential extension of the Commission's jurisdiction; and
(b) An area that would fall within the Commission's “San Francisco Bay” jurisdiction or within its “certain waterways” jurisdiction shall be and remain excluded from the Commission's jurisdiction if it could, on and at all times subsequent to September 17, 1965, have been removed from being touched by tidal waters by simply closing a functioning tidal gate.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66610(a) and (e), Government Code; and Blumenfeld v. San Francisco Bay Conservation and Development Commission, 43 Cal. App. 3d 50 (1974); and Littoral Dev. Co. v. San Francisco Bay Conservation and Dev. Comm'n (1994) 24 Cal.App. 4th 1050, 29 Cal. Rptr. 2d 518.
HISTORY

1. Repealer of former Section 10123, and renumbering and amendment of Section 10132 to Section 10123 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment of section heading, section and Note filed 5-24-96; operative 6-23-96 (Register 96, No. 21).
§10124. Coastal Management Program for San Francisco Bay.
Note     •     History

“Coastal Management Program for San Francisco Bay” means the documents for the San Francisco Bay segment of the California coastal zone approved as consistent with the Coastal Zone Management Act of 1972, as amended, by the Office of Coastal Zone Management, United States National Oceanic and Atmospheric Administration. It consists of a narrative portion that describes the Bay segment of the California Coastal Zone Management Program and BCDC compliance with the requirements established by the Office of Ocean and Coastal Resource Management under Section 306 of the Coastal Zone Management Act. It also contains appendices that include all relevant statutes, plans, and regulations.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: The Coastal Zone Management Act, as amended, 16 USC Sections 1451-1464; and Section 29205, Public Resources Code.
HISTORY

1. Repealer of former Section 10124, and renumbering and amendment of Section 10128 to Section 10124 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 73, No. 16.
§10125. Substantial Change.
Note     •     History

“Substantial change in use” includes any one of the following:
(a) as to any “salt pond” or “managed wetland,” any change in use including abandonment which, for the purposes of this section, shall include any draining of water except temporary draining for a short period of time in accordance with routine operating practice; or
(b) as to other areas within the Commission's McAteer-Petris Act jurisdiction, any construction, reconstruction, alteration, or other activity, whether or not involving a structure, if the activity either:
(1) has an estimated cost of $250,000 or more;
(2) involves a change in the general category of use of a structure or of land, i.e., agriculture, residential, commercial, office, industrial, recreational, vacant non-use, etc.;
(3) involves a substantial change in the intensity of use;
(4) adversely affects existing public access or future public access as shown on any Commission permit, the San Francisco Bay Plan, any Commission special area plan, or any other Commission planning document; or
(5) is any subdivision of land pursuant to the Subdivision Map Act (Government Code Section 66410 et seq.) or other division of land, including a lot split, where the subdivision or other division of land will substantially affect either present or future public access to or along the shoreline or substantially affect either the present or future suitability of a water-oriented priority land use site for that priority use, but not a subdivision or other division of land that is brought about in connection with the acquisition of an interest in such land by a public agency for wildlife habitat, marsh restoration, public recreation, or public access.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66632(a) and 66654, Government Code.
HISTORY

1. Renumbering and amendment of Section 10133 to Section 10125 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment of subsection (b)(1) and new subsection (b)(3) and subsection renumbering filed 9-19-96; operative 10-19-96 (Register 96, No. 38).
3. Amendment of subsection (b)(4) filed 5-1-97; operative 5-31-97 (Register 97, No. 18).
§10126. Members of the Commission.
Note     •     History

“Members of the Commission,” “members,” and “Commissioner,” means any Commissioner appointed pursuant to Section 66620 of the Government Code and any Alternate appointed pursuant to Section 66622 of the Government Code, provided that a Commissioner and his or her Alternate may not both constitute the two members of the Commission appealing an action pursuant to Section 29522 of the Public Resources Code.
NOTE

Authority cited: Section 29201(e), Public Resources Code. Reference: Section 29522, Public Resources Code; and Section 1774, Government Code.
HISTORY

1. Renumbering and amendment of former Section 10126 to Section 10121, and renumbering and amendment of Section 10138 to Section 10126 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 79, No. 44.
§10127. Houseboat.
Note     •     History

A “houseboat” is a boat that is used for a residential or other nonwater-oriented purpose and that is not capable of being used for active navigation.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; Section 29008, Public Resources Code; and the San Francisco Bay Conservation and Development Commission, San Francisco Bay Plan, Recreation (As amended March 20, 1986, pursuant to Government Code Section 66652).
HISTORY

1. New section filed 8-6-87; operative 9-5-87 (Register 87, No. 34).
2. Editorial renumbering of Section 10128 “Houseboat” to Section 10127 (Register 87, No. 47).
§10128. Live-Aboard Boat.
Note     •     History

A “live-aboard boat” is a boat that is not a transient boat, that is capable of being used for active self-propelled navigation, and that is occupied as a residence as that term is defined in California Government Code Section 244.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; Section 29008, Public Resources Code; and the San Francisco Bay Conservation and Development Commission, San Francisco Bay Plan, Other Uses of the Bay and Shoreline (As amended March 20, 1986, pursuant to Government Code Section 66652).
HISTORY

1. New section filed 8-6-87; operative 9-5-87 (Register 87, No. 34).
2. Editorial renumbering of Section 10127 “Live-Aboard Boat” to Section 10128 (Register 87, No. 47).
§10129. Line of Highest Tidal Action.
Note     •     History

NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66610(a) and 66610(e), Government Code.
HISTORY

1. New section filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
2. Repealer filed  5-24-96; operative 6-23-96 (Register 96, No. 21).
Article 3. Boundary and Jurisdictional Questions
§10130. Exclusion of Extraction of Materials for Sampling.
Note     •     History

The term “extraction of materials worth more than $20” as used in the McAteer-Petris Act and the term “extraction of material” as used in the Suisun Marsh Preservation Act shall exclude the extraction of any material or materials for environmental or seismic testing purposes only.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66604 and 66632(a), Government Code; and Sections 29114 and 29508, Public Resources Code.
HISTORY

1. Repealer of former Section 10130, and renumbering and amendment of Section 10180 to Section 10130 filed 5-18-87; operative 6-17-87 (Register 87, No. 30.) For prior history, see Registers 80, No. 48 and 73, No. 16.
2. Renumbering of former section 10130 to new section 10131 and new section 10130 filed 9-19-96; operative 10-19-96 (Register 96, No. 38).
§10131. McAteer-Petris Act Jurisdiction and Bay Plan.
Note     •     History

The information shown on the San Francisco Bay Plan Maps is intended to portray the actual location of land and water, salt ponds, managed wetlands, certain hills, marshes, and man-made features; however, the maps do not establish the extent of the Commission's jurisdiction. In case of any discrepancy between the portrayal of a feature on a Bay Plan Map and the descriptions in Government Code Section 66610 or these regulations, the provisions of Government Code Section 66610 and these regulations shall prevail.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66602, 66610 and 66653, Government Code; and San Francisco Bay Plan.
HISTORY

1. Renumbering and amendment of former Section 10131 to Section 10122, and renumbering and amendment of Section 10181 to Section 10131 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 75, No. 51.
2. Renumbering of former section 10131 to new section 10132 and renumbering of former section 10130 to new section 10131 filed 9-19-96; operative 10-19-96 (Register 96, No. 38).
§10132. Exclusion of Larkspur and Greenbrae Boardwalk Areas from McAteer-Petris Act Jurisdiction.
Note     •     History

“Areas commonly known as the Larkspur and Greenbrae Boardwalks,” means:
(a) within the City of Larkspur, any area, excepting certain sloughs, situated within the area described in the “Notice of Non-Jurisdiction of the BCDC--Larkspur Boardwalk” appearing as Appendix A to these regulations and filed by the Executive Director with the County of Marin; and
(b) within the County of Marin, any area, excepting certain sloughs, situated within the area described in the “Notice of Non-Jurisdiction of the BCDC--Greenbrae Boardwalk” appearing as Appendix B to these regulations and filed by the Executive Director with the County of Marin.
NOTE

Authority cited: Sections 66610 and 66632(f), Government Code. Reference: Section 66610(e), Government Code.
HISTORY

1. Renumbering amendment of former Section 10132 to Section 10123, and new Section 10132 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Renumbering of former section 10132 to new section 10133 and renumbering of former section 10131 to new section 10132 filed 9-19-96; operative 10-19-96 (Register 96, No. 38).
§10133. Determination of Shoreline and Map Boundaries.
Note     •     History

(a) Upon written request, the Commission's staff will furnish a description in words of the Commission's jurisdiction. Upon written request and upon submission by any person of a map at an appropriate scale and showing sufficient topographic data, the Commission's staff will indicate upon such map or a copy thereof the location of the Commission's jurisdiction or of any particular boundary in a particular area represented by one or more of the San Francisco Bay Plan Maps.
(b) Upon written request from any person who has obtained a map or description as provided in the preceding paragraph, the Commission shall by resolution determine by map or in words the location of the Commission's jurisdiction.
(c) These maps or descriptions in words need not be based upon surveys performed for the Commission, but may be based on any reliable sources available.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66602, 66610 and 66653, Government Code; and San Francisco Bay Plan.
HISTORY

1. Renumbering and amendment of former section 10133 to section 10125, and new section 10133 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment of subsection (a)(3) filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
3. Amendment of subsection (a)(4) and Note filed 5-24-96; operative 6-23-96 (Register 96, No. 21).
4. Renumbering of former section 10133 to new section 10134 and renumbering of former section 10132 to new section 10133 filed 9-19-96; operative 10-19-96 (Register 96, No. 38).
§10134. Determination of Permit Requirements for Subdivisions.
Note     •     History

(a) Within 15 days of receipt of a written request, the Executive Director shall determine whether a proposed subdivision or other division of land constitutes a substantial change in use requiring a permit; provided that the request is accompanied by the following information:
(1) the name and address of all current owners of the property;
(2) the name and address of the person making the request;
(3) proof that the person making the request has sufficient legal interest in the property as provided in Appendix F or is an affected local government;
(4) an accurate map at a scale reasonably sufficient to evaluate the project and that shows (A) the existing and proposed parcel lines; (B) the topography of the site; (C) the shoreline and the upland edge of the Commission's 100-foot shoreline band jurisdiction; (D) existing structures, uses, and vegetation on the site; and (E) public streets in the vicinity of the property.
(b) A person submitting a request pursuant to paragraph (a) may appeal the decision of the Executive Director to the Commission, which shall by resolution determine whether the request was properly submitted and whether the proposed subdivision or other division of land constitutes a substantial change in use. The appeal shall be in writing and shall contain the reasons for disagreement with the decision of the Executive Director.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Section 66632, Government Code; and Littoral Dev. Co. v. San Francisco Bay Conservation and Dev. Comm'n (1994) 24 Cal.App. 4th 1050, 29 Cal. Rptr. 2d 518.
HISTORY

1. Renumbering of former section 10133 to new section 10134 filed 9-19-96; operative 10-19-96 (Register 96, No. 38).
Chapter 2. The Commission, the Staff, and the Advisory Review Boards
Article 1. Regular Meetings
§10210. Date and Time.
Note     •     History

The Commission shall ordinarily hold regular meetings on the first and third Thursday of each month. The meetings shall begin at an hour set by resolution of the Commission.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Repealer of former Section 10210, and renumbering and amendment of Section 10230 to Section 10210 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§10211. Changes.
Note     •     History

The Chair may change the starting time of any meeting if he or she expects the meeting to be unusually long or if it conflicts with other meetings. The Chair may also cancel or reschedule a regularly scheduled meeting to the preceding day or the following day if it conflicts with a holiday or if a quorum cannot be expected on the scheduled day.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10231 to new Section 10211 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§10212. Notice of Changes.
Note     •     History

Any changes in a regularly scheduled meeting time may be made by giving notice thereof as provided in Section 10213 or as provided in Section 10231.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 11125, Government Code.
HISTORY

1. Renumbering and amendment of Section 10233 to new Section 10212 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§10213. Meeting Notice.
Note     •     History

Written notice of the time and place of a regularly scheduled meeting and a preliminary agenda shall be mailed by first class not less than ten (10) working days before the meeting. If an interruption in regular mail service occurs, alternative notice may be given. Such alternative notice shall consist of telephoning each Commissioner and each Alternate and publishing a notice of the time and place of the meeting and a summary of the preliminary agenda in a newspaper of general circulation not less than ten (10) working days before the meeting.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 11125, Government Code.
HISTORY

1. Renumbering and amendment of Section 10240 to new Section 10213 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§10214. Who Shall Receive Notice.
Note     •     History

The notice shall be mailed to Commission members, to all parties to the proceedings on the agenda, to interested organizations and individuals, to owners and residents of nearby property identified by the applicant pursuant to Appendix D item 20, to any person who requests the notice in writing, and to all agencies that have jurisdiction by law with respect to any proposed activity that is listed in the notice. The Executive Director may require each person requesting the notice to provide the necessary number of self-addressed, stamped, four-inch by nine and one-half inch envelopes for the purpose of mailing the notice.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 11125, Government Code; and Section 21080.5(d)(2)(C), Public Resources Code.
HISTORY

1. Renumbering and amendment of section 10241 to new section 10214 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
3. Amendment of section and Note filed 2-16-2007; operative 3-18-2007 (Register 2007, No. 7).
Article 2. Special Meetings
§10220. Time and How Called.
Note     •     History

A special meeting may be called for any day during normal working hours by resolution of the Commission, by written petition of a majority of the full Commission, or by written call of the Chair.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Repealer of former Section 10220, and renumbering and amendment of Section 10250 to Section 10220 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 79, No. 29.
§10221. Notice.
Note     •     History

Notice of any special meeting shall be given as provided in Section 10213.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 11125, Government Code.
HISTORY

1. Repealer of former Section 10221, and renumbering and amendment of Section 10251 to Section 10221 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 79, No. 29.
Article 3. Emergency Meetings
§10230. Time and Reason For.
Note     •     History

The Chair may call an emergency meeting for any day and time if Commission action is or may be needed in a situation that poses danger to life, health, or property.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 11125.5, Government Code.
HISTORY

1. Renumbering and amendment of former Section 10230 to Section 10210, and renumbering and amendment of Section 10260 to Section 10230 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 79, No. 29.
§10231. Notice.
Note     •     History

Members of the Commission shall be notified of an emergency meeting at least thirty-six (36) hours prior to the meeting.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 11125.5, Government Code.
HISTORY

1. Renumbering and amendment of former Section 10231 to Section 10211, and renumbering and amendment of Section 10261 to Section 10231 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 79, No. 29.
§10232. Prerequisites for Commission Action.
Note     •     History

The Commission shall not vote on any matter at any emergency meeting unless it first determines by a vote of three-fourths of the members present that the matter may involve danger to life, health, or property and may need Commission action to avoid or mitigate the danger.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code.
HISTORY

1. Repealer of former Section 10232, and renumbering and amendment of Section 10262 to Section 10232 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 79, No. 29.
Article 4. Meetings--Quorum and Procedures
§10240. Quorum.
Note     •     History

A quorum for all Commission meetings shall be fourteen (14) members, of whom thirteen (13) must be non-federal representatives. The Commission shall take no action in the absence of a quorum except that a lesser number of members may adjourn a meeting, may act as a committee to continue a public hearing, and may act as a committee of the Commission for such purposes as the Commission or Chair specified in appointing the committee.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10240 to Section 10213, and renumbering and amendment of Section 10270 to Section 10240 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 79, No. 29.
§10241. Voting--Number Required to Authorize Action.
Note     •     History

Except as otherwise provided in Title 7.2 of the Government Code, in Sections 29000 through 29610 of the Public Resources Code, or in these regulations, actions of the Commission, including passage of resolutions not subject to special provisions, shall be by vote of a majority of the members present and voting.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Title 7.2, Government Code; and Division 19, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10241 to Section 10214, and renumbering and amendment of Section 10271 to Section 10241 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10242. Procedures--Robert's Rules of Order.
Note     •     History

The Commission shall follow Robert's Rules of Order unless the rules conflict with Title 7.2 of the Government Code, Sections 29000 through 29610 of the Public Resources Code, or these regulations. The appropriate code section or regulation will govern if such a conflict exists.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10272 to new Section 10242 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10243. Agenda.
Note     •     History

(a) The Executive Director shall set the agenda for regular meetings.
(b) The Chair may alter the sequence of the agenda for any particular meeting if he or she believes such change is desirable.
(c) The Executive Director or the Chair may set specific times for the consideration of particular items.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10273 to new Section 10243 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10244. Recording of Meetings.
Note     •     History

Commission meetings shall be recorded electronically unless equipment failure prevents this. The Commission staff shall retain each recording for at least one year and shall make it reasonably available for replaying at the Commission's offices.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10275 to new Section 10244 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10245. Minutes of Meetings.
Note     •     History

(a) The Commission shall keep full and accurate minutes of its meetings and make them available to the public.
(b) The Executive Director and the Chair at a particular meeting shall sign the minutes.
(c) Signed minutes shall be the original evidence of actions taken by the Commission.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10276 to new Section 10245 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10246. Public Comment Period.
Note     •     History

(a) At each Commission meeting, the Commission shall provide the public with an opportunity to address the Commission on any matter on which the Commission has not already held a public hearing and which is not scheduled for a public hearing during the meeting.
(b) The Commission may provide the public the opportunity required by subdivision (a) either prior to or as part of Commission consideration of the matter on which comments would be offered.
(c) Speakers shall be heard in the order in which they sign up and shall generally be limited to three minutes each. The total time for public comment shall generally be limited to a total of fifteen (15) minutes.
(d) The Commission may provide more time to each speaker and may extend the total time available for public comment beyond fifteen (15) minutes if the Commission or the Chair believes that such an extension is necessary to allow a reasonable opportunity for all members of the public who want to testify.
(e) Members of the public who believe that they need additional opportunity to communicate with the Commission may present written material to the Commission at any time subject to such deadlines as the Commission or Chair may impose concerning matters for which specific Commission action may be required in the future.
(f) The Executive Director shall insure that copies of all written materials received prior to any deadline established by the Commission or the Chair are provided to the Commission in a timely manner.
(g) The Commission shall not take any action on any matter raised during the public comment period other than to schedule the matter for a future meeting agenda or to refer the matter to the staff for investigation unless the matter is already scheduled for action by the Commission later in the meeting.
NOTE

Authority cited: Sections 11125.7 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 11125.7, Government Code.
HISTORY

1. New section filed 2-27-98; operative 3-29-98 (Register 98, No. 9).
Article 5. Officers
§10250. Duties of the Chair.
Note     •     History

(a) The Chair shall preside at all meetings of the Commission, shall execute documents for the Commission requiring such execution and shall perform such other duties as the Commission provides by resolution.
(b) The Chair shall, in collaboration with and with the concurrence of the Commission, appoint the members and chair persons of the Design Review Board, the Engineering Criteria Review Board, the Citizen's Advisory Committee, and representatives of the Commission to boards, committees, and other commissions as may be necessary.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10250 to Section 10220, and renumbering and amendment of Section 10281 to Section 10250 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10251. Duties of Vice Chair.
Note     •     History

In the absence of the Chair, the Vice Chair shall perform those duties of the Chair that cannot reasonably await the return of the Chair.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201, Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10251 to Section 10221, and renumbering and amendment of Section 10282 to Section 10251 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10252. Acting Chair.
Note     •     History

The Chair or, in the absence of the Chair, the Vice Chair or, in the absence of the Chair and the Vice Chair, a majority of the Commission shall appoint an Acting Chair when neither the Chair nor Vice Chair may be available to perform the duties of the Chair.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Article 6. Staff
§10260. Executive Director--Appointment and Term.
Note     •     History

The Commission shall appoint an Executive Director to serve at the pleasure of the majority of the members of the Commission.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66635, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10260 to Section 10230, and renumbering and amendment of Section 10290 to Section 10260 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10261. Executive Director--Duties and Delegation.
Note     •     History

(a) The Executive Director shall administer the affairs of the Commission in accordance with the direction and policies of the Commission. He or she shall also appoint such other employees as may be necessary to carry out the functions of the Commission. Appointments of staff members shall be presumed to be approved by the Commission unless the Commission objects by a majority vote at the meeting when the Executive Director announces the appointment.
(b) Except as specifically provided by Commission resolution, the Executive Director may delegate the performance of any of his or her functions, including those specifically prescribed by the McAteer-Petris Act, the Suisun Marsh Preservation Act, or by these regulations, but such delegation shall not affect his or her responsibility to see that the directions and policies of the Commission are carried out fully and faithfully.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66635, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10261 to Section 10231, and renumbering and amendment of Section 10291 to Section 10261 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10262. Acting Executive Director.
Note     •     History

(a) The Executive Director shall designate a member of the staff to serve as acting Executive Director while the Executive Director is absent or unable to perform his or her regular duties.
(b) If the Executive Director is unable to perform his or her regular duties and has not designated an acting Executive Director, the Chair may perform those duties or may designate an acting Executive Director.
(c) The acting Executive Director shall have the same powers, duties, and responsibilities as the Executive Director.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66635, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10262 to Section 10232, and renumbering and amendment of Section 10292 to Section 10262 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
Article 7. Advisory Boards
§10270. Membership and Function of Design Review Board.
Note     •     History

(a) The Design Review Board shall consist of seven (7) members of the design professions, including at least one (1) architect, one (1) landscape architect, and one (1) engineer. 
(b) The Board shall advise the Commission and the staff on the appearance and design of projects for which a Commission permit or consistency determination is needed, particularly as the project affects public access to the Bay and shoreline.
(c) Four members shall constitute a quorum for Board meetings and shall be the minimum necessary for the Board to consider any matter.
(d) The Commission may designate up to ten former Board members to act as a pool of alternates to substitute for current Board members who cannot participate in any Board meeting or the consideration of any specific matter at any Board meeting.
(e) When fewer than all seven members of the Board will be available to participate in the Board's consideration of a matter, the Executive Director may designate one or more alternate Board members selected from the pool established by the Commission pursuant to paragraph (d) to substitute for the Board member or members who cannot participate in the Board's consideration of and action on that matter so long as the total number of Board members that considers a matter does not exceed seven.
(f) When designating an alternate Board member pursuant to paragraph (e), the Executive Director shall select an individual in a professional discipline and with professional experience as mush as possible like those of the Board member who cannot participate in the Board's consideration of the particular matter.
(g) Alternate Board members designated pursuant to paragraphs (e) and (f) shall have the same powers and authority to participate in the Board's consideration and action on any matter as a regular Board member.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66635, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10270 to Section 10240, and renumbering and amendment of Section 10295 to Section 10270 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment filed 12-30-98; operative 1-29-99 (Register 99, No. 1).
§10271. Membership and Function of Engineering Criteria Review Board.
Note     •     History

The Engineering Criteria Review Board shall consist of not more than eleven (11) members, including at least one (1) geologist, one (1) civil engineer specializing in soils, one (1) structural engineer, and one (1) architect. The Board shall advise the Commission on problems relating to the safety of fills and of structures on fills.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66633(b), Government Code; Section 29520(a), Public Resources Code; and San Francisco Bay Plan.
HISTORY

1. Renumbering and amendment of former Section 10271 to Section 10241, and renumbering and amendment of Section 10298 to Section 10271 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
Article 8. Ex Parte Communications
§10280. Purpose.
Note     •     History

Fairness and due process of law are essential elements of responsible government. Public confidence in government is highest when an agency conducts its adjudicatory business openly and impartially. This regulation supplements and helps explain minimum legal requirements concerning the disclosure of communications that occur outside of the normal hearing process and would therefore not be part of the administrative record when the Commission acts on permit applications and on enforcement cases and takes other adjudicatory actions. However, Commission members can, and are encouraged to, disclose more information relative to any communication that occurs outside of the public record to ensure that all Commission members can make informed decisions. 
NOTE

Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.10, 11430.20, 11430.30, 11430.40, 66632 and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. 
HISTORY

1. New article 8 (sections 10280-10289) and section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§10281. Definition of an Ex Parte Communication.
Note     •     History

An ex parte communication is any oral or written communication regarding a pending adjudicatory proceeding between a member of the Commission and either any party to the pending Commission adjudicatory proceeding or a member of the public that does not occur in a Commission public hearing, Commission workshop, or other official Commission proceeding or on the official Commission record for the proceeding. 
NOTE

Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11405.20, 11405.30, 11405.40, 11405.50, 11405.60, 11405.70, 11405.80, 11410.10, 11410.20, 11430.10, 66632 and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. 
HISTORY

1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§10282. Definitions of a Quasi-Judicial Proceeding and of a Quasi-Legislative Proceeding.
Note     •     History

All Commission actions are considered to be either adjudicatory or quasi-legislative. An adjudicatory action by the Commission affects specific rights or interests of an individual or business entity based on specific facts, such as the granting of a permit, the issuance of a cease and desist order, the issuance of a report to the California Energy Commission pursuant to California Government Code Section 66645(d), or Commission review of a federal consistency determination or certification. A quasi-legislative action generally applies to a given class or group of individuals or entities and usually takes the form of a Commission plan amendment, policy, or regulation. 
NOTE

Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.10, 66632, 66638 and 66645(d), Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. 
HISTORY

1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§10283. General Policy and Disclosure of Ex Parte Communications.
Note     •     History

(a) Ex parte communications are prohibited in adjudicatory actions. However, if such a prohibited communication occurs, any Commission member who receives an ex parte communication concerning any adjudicatory matter pending before the Commission shall disclose the content of the communication on the record. 
(b) The disclosure shall occur prior to or at the same time as the Commission considers the matter that is the subject of the ex parte communication. 
(c) Compliance with this disclosure requirement regarding the receipt of an ex parte communication in written form shall be accomplished by sending a copy of the written communication and any response to the communication to the Commission Executive Director as soon as practicable. 
(d) Compliance with this disclosure requirement regarding the receipt of an ex parte communication orally shall be accomplished by submitting a memorandum to the Executive Director for inclusion into the record of the matter that is the subject of the ex parte communication. 
(e) The memorandum required by paragraph (d) shall include the substance of the communication, any response by the recipient Commission member, and the identity of each person from whom the recipient Commission member received the communication. 
(f) This policy shall not apply to quasi-legislative matters such as the adoption of or the amendment to a Commission plan, the adoption of or the amendment of a Commission regulation, and Commission comments on proposed or pending legislation. 
NOTE

Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections11430.10, 11430.40, 66632, and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. 
HISTORY

1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§10284. Permissible Ex Parte Communications.
Note     •     History

The following types of ex parte communications are not prohibited by these regulations and do not require any disclosure into the record: 
(a) communications specifically authorized by statute and required for the disposition of an adjudicatory matter; 
(b) the communication involves a matter of procedure or practice that is not in controversy; 
(c) the communication is from an employee or representative of BCDC who has not served as an investigator, prosecutor, or advocate during the proceeding or pre-adjudicative state and whose purpose is to assist or advise the Commission; 
(d) the communication is from an employee or representative of BCDC and concerns a settlement proposal advocated by the employee or representative; and 
(e) the communication is from an employee or representative of BCDC and involves a non-prosecutorial proceeding. 
NOTE

Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.20, 11430.30, 66632 and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. 
HISTORY

1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§10285. When the Policy Applies.
Note     •     History

(a) The policy established by Sections 10283 and 10284 shall commence to apply for a permit application or a federal consistency determination or certification when an applicant first submits an application, a consistency determination, or a consistency certification to the Commission. 
(b) The policy shall commence to apply for a Commission enforcement action when the Commission staff mails either a violation report or a complaint for the imposition of administrative civil penalties. 
NOTE

Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.10, 66632 and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. 
HISTORY

1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§10286. Notification of Parties and Interested Persons.
Note     •     History

(a) As soon as is practicable, the Executive Director shall notify in writing all parties to a proceeding and all persons interested in the proceeding that a Commissioner has received an impermissible ex parte communication. 
(b) If the communication was received orally, the Executive Director shall include a copy of the memorandum and any response to the communication required by Sections 10283(d) and (e) with the written notification. 
(c) If the communication was received in writing, the Executive Director shall include a copy of the written communication with the written notification. 
(d) In either case, the notice shall also state that the party or person being notified must request an opportunity to address the Commission concerning the communication within 10 days of receiving the notice or the party or person shall waive the opportunity to address the Commission. 
NOTE

Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.50, 66632 and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. 
HISTORY

1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§10287. Party Opportunity to Respond to an Ex Parte Communication.
Note     •     History

If a party requests an opportunity to address the Commission concerning the communication within 10 days as required by Section 10286, the Commission shall grant the request and may allow the requesting party to present rebuttal evidence concerning the subject of the ex parte communication. 
NOTE

Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.50, 66632 and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. 
HISTORY

1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§10288. Ex Parte Communications After the Close of the Public Hearing and After the End of the Time Period for Receipt of Written Communications; Public Comments and Responses.
Note     •     History

(a) If an oral ex parte communication occurs after the close of the public hearing or a written ex parte communication occurs after the deadline for submitting written comments, the ex parte communication shall be disclosed as required by Section 10283. 
(b) The Commission Chair or the Commission may determine that the communication contains new or different information pertinent to the decision being made. The Commission Chair or the Commission may also determine that reopening the public hearing is therefore necessary to protect the integrity of the decision-making process. 
(c) If the Commission chair or the Commission makes both such determinations, it shall circulate the communication to the entire Commission and may reopen the public hearing to allow the public sufficient opportunity to comment on and to rebut the information contained in the communication unless a legal deadline for voting prevents reopening the hearing. 
(d) If necessary, either the deadline for Commission voting shall be extended or the Commission shall deny the application because of the public's inability to comment on the new or different information. 
(e) If a conflict occurs between this section and Commission Regulation Section 10430, this section shall take precedence. 
NOTE

Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.50, 66632 and 66638, Government Code; Sections 29520, 29524 and 29601, Public Resources Code. 
HISTORY

1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§10289. Field Trips.
Note     •     History

(a) A Commission member may take an individual field trip to the site of a proposed project or a pending enforcement action so long as the Commission member discloses the fact of the field trip and the substance of all that he or she observed to the Commission as soon as practicable afterwards. 
(b) The Commission's policy on ex parte communications shall apply to any communication that involves a Commission member that occurs during a field trip either by an individual Commission member or by the Commission. 
NOTE

Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.10, 11430.20, 11430.30, 11430.40, 11430.50, 66632 and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code.
HISTORY

1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
Chapter 3. Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries
Subchapter 1. Definitions
Article 1. Definitions
§10300. Major Permits.
Note     •     History

A major permit is any Commission permit other than an administrative permit, an emergency permit, a regionwide permit or an abbreviated regionwide permit.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment of section filed 8-6-96; operative 9-5-96 (Register 96, No. 32).
Subchapter 2. Applications for a Major Permit
Article 1. Application Requirements
§10310. Summary of Prerequisites for Filing a Major Permit Application.
Note     •     History

The Commission shall file a major permit application pursuant to California Government Code section 66632 only when the Executive Director receives from the applicant all of the following materials:
(a) one (1) original and seven (7) copies of a fully completed and properly executed application form, which these regulations contain as Appendix D;
(b) an executed Certificate of Posting of “Notice of Pending BCDC Application” form, which these regulations contain as Appendix E;
(c) exhibits to the application form, as described in Appendix F and Section 10625;
(d) a check or money order in the amount of all applicable filing fees in compliance with Appendix M;
(e) for all projects that constitute a “surface mining operation” under the Surface Mining and Reclamation Act and that are not exempt under Cal. Public Resources Code sections 2714 or 2776, a reclamation plan that complies with Cal. Public Resources Code section 2772;
(f) evidence that:
(1) all local discretionary approvals (i.e., all approvals other than ministerial permits such as building permits) have been granted, or
(2) for subdivisions or other land divisions requiring a Commission permit for which final local approval or disapproval has not been granted, a statement that the local government either favors the project, with or without conditions, or does not favor the project.
NOTE

Authority cited: Section 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65940-65942, 66632(f) and 84308, Government Code; Sections 2770, 2774, 21080.5, 21082, 21160 and 29520, Public Resources Code; and the San Francisco Bay Plan.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Amendment of subsections (a), (b), (c) and (f) filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
4. Amendment of subsection (d) filed 11-20-91; operative 12-20-91 (Register 92, No. 8).
5. Amendment of subsection (c) filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
6. Amendment of subsection (a) and Note filed 2-2-98; operative 3-4-98 (Register 98, No. 6).
7. Amendment of first paragraph and subsection (a) filed 9-11-2008; operative 10-11-2008 (Register 2008, No. 37).
§10311. Waiver or Modification of Filing Requirements.
Note     •     History

(a) Except as provided in subsection (b), the Executive Director may, at his or her sole discretion, waive or modify any or all of the permit application filing requirements contained in Section 10310, Appendix D, Appendix E, and Appendix F if he or she concludes all of the following: the otherwise required information is not necessary (1) to determine whether the proposed activity would be consistent with all applicable laws and policies, (2) to allow the government agencies specified in Section 10360 to review and comment on the proposed project, and (3) to provide adequate public notice of the project.
(b) The Executive Director may not waive or modify either (1) the requirement that a permit application must obtain all local discretionary governmental approvals pursuant to Government Code Section 66632(b) and Regulation Section 10310(f), (2) the applicable filing fee for the application, or (3) the requirement that the application include all public improvements and public utility facilities necessary or incidental to the proposed project and the names and mailing addresses of all public agencies or public utilities that will have ownership or control of the public improvements and public utility facilities if the permit is granted and the project built.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65940-65942 and 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
4. Amendment of section heading and section filed 1-22-98; operative 2-21-98 (Register 98, No. 4).
5. Amendment filed 2-27-98; operative 3-29-98 (Register 98, No. 9).
§10312. Postponement of Filing Requirements.
Note     •     History

The Executive Director may, at his or her sole discretion, postpone the time when an applicant must submit any of the information for which the Executive Director can waive submittal under Section 10311 if:
(1) the Executive Director decides that the information is not necessary at the time of filing,
(2) the applicant agrees to provide the information at such time as the Executive Director requests, and
(3) the applicant acknowledges in writing that the Commission may deny the application if the applicant does not provide the information when the Executive Director requests it because the Commission lacks sufficient information to determine whether the application is consistent with all applicable policies.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201, Public Resources Code. Reference: Sections 65944 and 66632, Government Code; and Sections 2714, 2728, 2733, 2735, 2771, 2772, 2773, 2774 and 29520, Public Resources Code.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
4. Amendment of first paragraph filed 2-27-98; operative 3-29-98 (Register 98, No. 9).
§10313. Parcel Map.
Note     •     History

NOTE

Authority cited: Section 66632(f), Government Code; and Section 29601, Public Resources Code. Reference: Sections 65940-65942 and 66632(d), Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Repealer filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
§10314. List of Affected Property Owners.
Note     •     History

NOTE

Authority cited: Section 66632(f), Government Code; and Section 29601, Public Resources Code. Reference: Sections 65940-65942 and 66632(d), Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Repealer filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
§10315. Submittal of Design Review Board Materials.
Note     •     History

(a) An applicant for a Bay Commission permit for a project that requires review by the Design Review Board shall submit, except as provided in subsection (g) below, all of the following to the Commission staff at least 14 days prior to the schedule Design Review Board meeting at which the Board will review the project:
(1) a description of the proposed project that complies with subsection (b) of this section;
(2) an 8  1/2” by 11” vicinity map that complies with Appendix F; and
(3) ten (10) copies, 8  1/2” by 11” in size, and one (1) copy, at a scale of either 1” = 20', 1” = 30', or 1” = 40' and which can be read from a distance of 20 feet, of each of the following:
(A) a site plan that complies with subsection (c) of this section,
(B) a public access detail plan that complies with subsection (d) of this section,
(C) one cross section that designates the elevations of and clearly illustrates the relationship between 1. the shoreline, 2. the top of the bank, 3. any existing or proposed public access path, 4. the floor of a representative structure, and 5. the top of a representative building, and
(D) if the public access being proposed for a project contains two or more public access areas that differ substantially in quality or width or distance from the line of highest tidal action, additional cross sections for each such different public access area that provide the information required in subsection 10315(a)(3)(C).
(b) The description of the proposed project shall contain the following information:
(1) proposed uses of the project;
(2) the dimensions, areas, and height of all structures;
(3) the area of the parcel(s) on which the project will be constructed, the area of the parcel(s) that is upland, the area of the parcel(s) that is tideland, and the area of the parcel(s) that is submerged lands;
(4) the length of the shoreline measured along the shoreline;
(5) the area of the project site that is located within the Commission's “shoreline band” jurisdiction pursuant to Govt. Code section 66610(b);
(6) the area of proposed public access;
(7) the status of the project in the local governmental approval process;
(8) the amount of proposed dredging;
(9) the amount of proposed riprap or other shoreline protection; and
(10) the volume of proposed fill in cubic yards and the area of proposed fill in square feet.
(c) The site plan shall show or contain the following information:
(1) the location and dimensions of all proposed solid fill, buildings, bulkheads, piers, docks, decks, pipes, outfalls, and other similar structures;
(2) the location and elevation of all existing and proposed riprap;
(3) the footprints of all existing buildings to be removed (outlined with dashed lines), all existing buildings to remain (outlined with solid lines), and all proposed buildings (outlined with solid lines with interiors shaded);
(4) existing and proposed service areas for delivery, storage, garbage, and other similar uses;
(5) existing and proposed fences, with type of material(s) and height;
(6) existing and proposed on-site driveways, streets, drop-off areas, and parking;
(7) existing and proposed pedestrian circulation, including sidewalks and paths;
(8) existing and proposed public access areas, including paths, plazas, and landscaped areas;
(9) areas of marsh, salt pond, managed wetland, and mudflats;
(10) existing and proposed contours;
(11) all existing and proposed easements across the site;
(12) if a marina is included in the project:
(A) the berthing layout;
(B) the dimensions for docks and ramps and an indication if they are supported by pilings or are floating;
(C) the location and dimensions of the drop-off areas;
(D) the location of all security gates;
(E) the location of all gear storage areas;
(F) the location and dimensions of the harbormaster office;
(G) the location of all restrooms;
(H) the location of all existing and proposed showers;
(I) the location of all existing and proposed gas docks;
(J) the location of all existing and proposed pumpout facilities;
(K) the location of all existing and proposed oily waste disposal facilities;
(L) the location of all existing and proposed launch ramps or hoists;
(M) the location of all existing and proposed small boat trailer parking and storage; and
(N) the location of all existing and proposed guest berthing.
(d) The public access detail plan shall show or contain the following information:
(1) the locations and dimensions of all existing and proposed areas of fill for public access;
(2) the locations, typical widths, and typical elevations of all existing and proposed paths;
(3) the location, dimensions, and elevations of all existing and proposed seating areas;
(4) the location and dimensions of all existing and proposed irrigated landscaped areas (distinguish areas containing either trees, tall shrubs, low shrubs, groundcover, or lawn);
(5) the location and dimensions of all existing and proposed nonirrigated landscaped areas (distinguish areas containing either trees, tall shrubs, low shrubs, groundcover, and lawn);
(6) the location and height of all existing and proposed berms or mounds;
(7) the location and type of all existing and proposed lighting;
(8) the location of all existing and proposed restrooms;
(9) the types of paving materials;
(10) the location and number of spaces of all existing and proposed public parking;
(11) the location of all existing and proposed public access signs;
(12) the location of all connections from existing or proposed public access to the nearest public areas or public sidewalks;
(13) the location and dimensions of all existing and proposed view corridors;
(14) seasonal wind directions;
(15) the location and dimensions of all areas of midday shadow cast by structures on the longest and shortest days of the year; and
(16) dimensions of the minimum, maximum and average widths of the overall public access areas.
(e) The cross section(s) required by subsection 10315(a)(3)(C) and 10315(a)(3)(D), the site plan required by subsections 10315(c), and the public access detail plan required by subsection 10315(d) shall all contain the following information:
(1) a title;
(2) the name and address of the person who prepared the plan;
(3) the date of the plan;
(4) a north arrow;
(5) a scale;
(6) the location and the elevation of the line of highest tidal action;
(7) the location and elevation of the top of the bank;
(8) the location and elevation of the landward limit of the Commission's 100-foot shoreline band jurisdiction;
(9) the location and dimensions of all parcel lines; and
(10) the location of any contiguous parcels owned by an applicant or coapplicant.
(f) All elevations shown on the cross-section(s), the site plan, or the public access detail plan shall be shown in National Geodetic Vertical Datum.
(g) The Executive Director may modify or waive any or all of the project description, site plan, public access plan, elevations, or tidal datum reference point requirements of this section if he or she determines that the information is not necessary for Design Review Board evaluation of the proposed project.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: San Francisco Bay Plan, Public Access, Finding b (page 26), Policy 9 (page 28); and Littoral Dev. Co. v. San Francisco Bay Conservation and Dev. Comm'n (1994) 24 Cal.App. 4th 1050, 29 Cal. Rptr. 2d 518.
HISTORY

1. New section filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
2. Amendment of subsection (a)(2) filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
3. Editorial correction of printing error restoring text corrected (Register 91, No. 46).
4. Amendment of subsections (a), (a)(3)(C), (b)(4)-(5), (d)(12), and (e)-(e)(9) and Note filed 5-24-96; operative 6-23-96 (Register 96, No. 21).
5. Amendment of subsection (a) and new subsection (g) filed 1-22-98; operative 1-21-98 (Register 98, No. 4).
§10316. Submittal of Engineering Criteria Review Board Materials.
Note     •     History

An applicant for a Bay Commission permit for a project that requires review by the Engineering Criteria Review Board (ECRB) shall submit to the Commission staff, at least 14 days prior to the scheduled ECRB meeting at which the Board will review the project, all of the following: thirteen 12” x 18” reductions of any geotechnical reports, structural plans, engineering analyses and design calculations needed to accommodate ECRB review
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: San Francisco Bay Plan, Safety of Fills, Findings a, b, c (page 13), and Policies 1 and 2 (pages 13 and 14)
HISTORY

1. New section filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
Article 2. Schedule of Fees for Filing and Processing Permit Applications
HISTORY

1. Combination and amendment of sections 10330-10338 to form Appendix M filed 11-20-91; operative 12-20-91 (Register 92, No. 8). For prior history, see Register 89, No. 43.
Article 3. Filing Procedures
§10350. When an Application Is Submitted for Filing.
Note     •     History

(a) An application shall be submitted for filing and the thirty (30) day time period required by California Government Code Section 65943 shall begin to run when an executed application form is received at the Commission's offices unless the applicant requests in writing that the application not be accepted as submitted for filing at that time.
(b) If the applicant requests in writing that the application not be accepted as submitted for filing when an executed application form is received at the Commission's offices, the application shall thereafter be submitted for filing and the thirty (30) day time period required by California Government Code Section 65943 and the time periods imposed by California Government Code Section 66632 and either California Government Code Section 65950 or 65952 shall begin to run when the staff receives written notification from the applicant that he or she requests the application be accepted as submitted for filing.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 65943, Government Code.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10351. Method of Filing.
Note     •     History

(a) If the Executive Director decides to file an application, the original executed application, all exhibits thereto, and all other relevant documents shall be stamped “Filed BCDC” with the date of filing.
(b) If the Executive Director decides that an application cannot be filed, the original executed application, all exhibits thereto, and all other relevant documents shall be stamped “Not Filed BCDC” with the date of the Executive Director's decision.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65943, 65950-65957.1 and 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10352. Notification of Filing Decision.
Note     •     History

Written notification of the Executive Director's decision not to file an application shall occur at the time the letter is mailed if notification is by mailing or at the time of presentation if written notification is presented to the applicant in person.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65943 and 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10353. Appeal from the Executive Director's Determination Not to File an Application.
Note     •     History

(a) An applicant may appeal the Executive Director's decision not to file an application. The appeal shall be in the form of a letter to the Executive Director. The letter shall explain the reasons for the appeal and include all facts and materials the applicant believes are relevant to the appeal.
(b) The applicant shall submit the letter of appeal within ten (10) working days of receiving written notice of the Executive Director's decision not to file the application.
(c) The Executive Director shall schedule the appeal for hearing and vote by the Commission as soon as practicable following receipt of the applicant's appeal letter.
(d) The Commission shall by a majority vote of those present and voting determine whether to uphold the Executive Director's determination or to order the permit application filed.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65943 and 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
Article 4. Distribution of Applications
§10360. Distribution of Applications.
Note     •     History

The Executive Director shall distribute one (1) copy of the application and drawings to the following persons or agencies:
(a) U.S. Army Corps of Engineers (San Francisco or Sacramento District);
(b) California Department of Fish and Game (Manager, Region III);
(c) San Francisco Bay Regional Water Quality Control Board;
(d) State Lands Commission;
(e) Deputy Attorney General assigned to the Commission; 
(f) U.S. Fish and Wildlife Service (Sacramento Office); and
(g) National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(d), Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment of subsections (e) and (f) and new subsection (g) filed 9-11-2008; operative 10-11-2008 (Register 2008, No. 37).
Article 5. Amendments to Applications
§10370. Non-Material Amendments to Pending Major Permit Applications.
Note     •     History

(a) An applicant whose application for a major permit is currently pending may submit a request to amend the application nonmaterially at any time prior to the mailing or reading of the staff recommendation on the previously pending application, whichever occurs first.
(b) The applicant shall submit the request for a non-material amendment to a permit application by letter that specifies the nature of the amendment and is signed by the applicant or his or her authorized representative.
(c) After the submittal of a request to amend nonmaterially a pending application for a major permit, the Executive Director shall determine whether or not to file the amended application based on whether the amendment to the application will or will not materially change the application. If the Executive Director concludes that the amendment will materially change the application, he or she shall refuse to file the amended application and shall return it to the applicant with a written statement of the reasons why he or she believes that the amendment would materially change the application and a statement that the applicant must now submit a new application that complies with the filing requirements of Section 10310 for the project as amended to amend the application, and shall continue to process the original application. If the Executive Director determines that the amendment will not materially change the application, he or she shall file the amended application and shall continue to process and the Commission shall act on the amended application in accordance with the Commission's regulations for processing and acting on major permit applications.
(d) The filing of a request for a nonmaterial amendment to a pending major permit application shall automatically supersede the original application, and the amended application shall thereafter be the only application considered as pending before the Commission.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65943 and 66632, Government Code; and Sections 29520 and 29601, Public Resources Code; and Bel Mar Estates v. California Coastal Commission (1981) 115 Cal.App.3d 395, 940.
HISTORY

1. Renumbering and amendment of former Section 10370 to Section 10380, and new Section 10370 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
§10371. Material Amendments to Pending Major Permit Applications.
Note     •     History

(a) An applicant whose application for a major permit is currently pending may submit a request to amend the application materially at any time prior to the mailing or reading of the staff recommendation on the previously pending application, whichever occurs first.
(b) The applicant shall include the following in any request to amend materially a pending major permit application and the Executive Director shall file the request only if the request contains the following:
(1) an agreement in writing that the time periods within which the Commission must act under the McAteer-Petris Act and the Permit Streamlining Act on a permit application begin as of the date of the filing of the request to amend the application and
(2) an application for the project as amended that meets all the filing requirements contained in these regulations for a major permit application.
(c) After the submittal of a request to amend materially a pending application for a major permit, the Executive Director shall determine whether or not to file the amended application based on whether the amended application complies with the filing requirements included in Section 10310. If the Executive Director concludes that the amended application does not comply with the filing requirements contained in Section 10310, he or she shall return it to the applicant with a written statement of the reasons why the amended application does not comply with Section 10310 and a list of the materials needed to bring the amended application into conformance with the filing requirements of Section 10310 and shall continue to process the original application. If the Executive Director determines that the amended application does comply with the filing requirements of Section 10310, he or she shall file the amended application and shall process the application and the Commission shall vote on the application in full conformance with all of the regulations that govern the filing, processing, and Commission action on a major permit application.
(d) The filing of a request for a material amendment to a pending permit application shall automatically supersede the original application, and the application as modified by the request for amendment shall thereafter be the only application pending before the Commission.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; Section 29601, Public Resources Code; and Bel Mar Estates v. California Coastal Commission (1981) 115 Cal.App.3d 935, 940.
HISTORY

1. Renumbering and amendment of former Section 10371 to Section 10381, and new Section 10371 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
§10372. Effect of Refusal to Withdraw Original Application.
Note     •     History

NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Repealer filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
Subchapter 3. Summaries of Applications for Major Permits
§10380. Contents.
Note     •     History

(a) The Executive Director shall prepare a summary of each application for a major permit that has been filed. The summary shall be brief and understandable, shall fairly present the substance of the application and shall quote from the application wherever appropriate.
(b) The Executive Director may attach staff comments to the summary that shall be clearly labelled to distinguish them from the summary and shall point out questions of fact, applicability of San Francisco Bay Plan policies, Suisun Marsh Protection Plan policies, approved local protection program policies, related previous applications, issues identified by the staff, and other relevant matters
(c) The Executive Director may illustrate the summary with the maps or drawings furnished by the applicant and may attach other maps or drawings that would help to present fairly the substance of the application.
(d) If the Commission has prepared an environmental assessment, it shall be included as part of the application summary.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632 and 66653, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Repealer of former Section 10380, and renumbering and amendment of Section 10370 to Section 10380 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10381. Distribution of Application Summary.
Note     •     History

(a) If the Commission did not prepare an environmental assessment, the Executive Director shall distribute the application summary and staff comments to all Commissioners, to the applicant, to all agencies listed in section 10360, to all affected cities and counties, to all individuals and organizations who have requested distribution in writing, to all other persons thought to have a particular interest in the application, and to all agencies that have jurisdiction by law with respect to any proposed activity that is the subject of the application summary no less than ten (10) days prior to the scheduled public hearing.
(b) If the Commission prepared an environmental assessment, the Executive Director shall distribute the application summary no less than thirty (30) days prior to the scheduled public hearing to all responsible agencies as defined in the California Environmental Quality Act and to all persons and entities listed in section 10381(a).
NOTE

Authority cited: Section 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Sections 21080.5(d)(2)(C), 29500, 29501 and 29520, Public Resources Code.
HISTORY

1. Repealer of former section 10381, and renumbering and amendment of section 10371 to section 10381 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment of subsection (a) filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
3. Editorial correction of (b) and NOTE (Register 91, No. 15).
4. Amendment of subsection (a) filed 3-21-91; operative 4-20-91 (Register 91, No. 15).
5. Amendment of subsection (a) and Note filed 2-16-2007; operative 3-18-2007 (Register 2007, No. 7).
Chapter 4. Major Permit Procedures: Commission Hearings and Public Comments on Applications
Subchapter 1. Commission Hearings
Article 1. Scheduling Public Hearings
§10400. Scheduling Initial Hearing.
Note     •     History

(a) No public hearing on any permit application shall be held sooner than the twenty-eighth (28th) day following the day of “receipt” of the application, except when the Executive Director determines that:
(1) hearing the application sooner than the twenty-eighth (28th) day will not cause hardship to the Commission, to other permit applicants, and to others interested in the application; and
(2) adequate time exists to prepare and to mail an application summary and notice of the public hearing.
(b) If the Executive Director determines to hold a public hearing sooner than the twenty-eighth (28th) day following “receipt” of the application, he or she shall summarize these determinations and the facts on which it was based in the meeting notice required by these regulations.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§10401. Notice to Applicant and Interested Parties.
Note     •     History

(a) At least ten (10) days prior to the initial public hearing, the Executive Director shall notify each applicant and all persons to whom the Executive Director must mail an application summary of the date of the hearing and the general procedure of the Commission concerning hearings and actions on applications.
(b) Notice to an applicant's representative as designated on the completed permit application form shall constitute notice to the applicant.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§10402. Hearing Postponement.
Note     •     History

The Executive Director may postpone a public hearing on a permit application if the postponement will not prevent the Commission from voting on an application within the time limits set out in Government Code Section 66632 and Government Code Sections 65950 through 65957.1. In deciding whether to postpone a public hearing, the Executive Director shall consider the following factors:
(a) whether the applicant requested a postponement;
(b) whether the applicant waived in writing the time period for voting set forth in Government Code Section 66632 and extended in writing the time period set forth in Government Code Sections 65950 through 65957.1;
(c) the effect that the postponement would have on the coordination and scheduling of other agenda items; and
(d) the cost of the postponement and the effect it would have on the convenience to the Commission, the staff, and the public.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632, 65950-65957.1, Government Code; and Section 29520(a), Public Resources Code; and Bel Mar Estates v. California Coastal Commission (1981) 115 Cal. App. 936, 940.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Article 2. Hearing Procedures and Field Trips
§10410. Order of Hearing.
Note     •     History

(a) The Commission's public hearing on a permit application shall proceed in the following order:
(1) the Chair shall open the public hearing;
(2) the Executive Director or the Chair shall identify the application and any correspondence received by the Commission relative to the application;
(3) the applicant or his or her representative may present any material to expand on the application summary;
(4) other persons may speak concerning the application;
(5) the applicant may rebut or comment on what the applicant believes to have been incorrect or misleading factual information given during the hearing; and
(6) to continue it to a subsequent meeting the Commission may either close the public hearing, continue it to a subsequent meeting, or leave the hearing open for additional written comment only.
(b) Except in extraordinary circumstances, no person shall speak more than once to an application. Additional comments, including rebuttal to remarks of other speakers, shall be made in writing for subsequent distribution to the Commission and interested parties.
(c) The Chair may establish time limits for presentations made during a public hearing.
(d) Commissioners may ask questions at any time as time allows.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§10411. Post-Hearing Questions and Statements.
Note     •     History

(a) After the close of a public hearing, Commissioners may still direct questions or comments to the Executive Director or the applicant.
(b) The staff shall treat written comments received after the close of the public hearing according to Sections 10430 and 10431 so long as the Commission receives them within any time limits that the Commission may set.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Repealer of former Section 10411, and renumbering and amendment of Section 10413 to Section 10411 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§10412. Field Trips.
Note     •     History

(a) Whenever the Commission takes a field trip to the site of any proposed project, the Commission meeting notice shall state that the Commission intends to take a field trip, and the Chair shall admonish the Commission members that they shall inform the Commission at the next Commission meeting of any substantive communications they had at the field trip regarding the application with anyone other than a member of the staff or with other Commissioners. The minutes of the next Commission meeting at which the Commission discusses the application shall note the fact of the field trip.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632 and 11120-11131, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Repealer of former Section 10412, and renumbering and amendment of Section 10414 to Section 10412 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
Article 3. Additional Hearings, Withdrawal, and Off-Calendar Items
§10420. Continued Hearings.
Note     •     History

The Commission should complete a public hearing on an application in one Commission meeting. However, the Chair may decide or the Commission may vote at the public hearing to continue a public hearing to a subsequent meeting if it believes that:
(a) too many speakers exist to be heard within the time reasonably available, or
(b) questions have been raised or amendments to the application or conditions have been proposed on which the public should have an opportunity to comment after time for reflection.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 73, No. 16.
§10421. Application Withdrawal and Removal from Active Consideration.
Note     •     History

(a) At any time before the Commission begins to vote on an application, an applicant may either withdraw the application permanently or may remove the application temporarily from the Commission's active consideration.
(b) An applicant shall withdraw an application permanently either by a signed written document or by stating the fact of the withdrawal on the record at a Commission meeting. Withdrawal shall not require Commission concurrence.
(c) An applicant shall remove an application temporarily from active consideration either by a signed written document or by stating the fact of the removal on the record at a Commission meeting. In either case, the applicant shall expressly:
(1) extend the ninety (90) day time limit of Government Code Section 66632(f) for at least sixty (60) days; and
(2) agree that the application is withdrawn permanently unless the applicant reactivates the application in writing at least thirty (30) days prior to the expiration of the extended review period and the removal from active consideration and resultant extension of time within which the Commission acts on the application does not cause the Commission to exceed the period in which it must act on the application pursuant to California Government Code Sections 65950 through 65957.1.
(d) The applicant may remove an application from active consideration once without Commission concurrence and any number of additional times with the concurrence either of the Executive Director or the Commission if the applicant complies with the requirements of subdivision (c) of this section.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 66632, Government Code; Section 29520(a), Public Resources Code; and Bel Mar Estates v. California Coastal Commission (1981) 115 Cal. App. 3d 935, 940.
HISTORY

1. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 73, No. 16.
§10422. Necessity of Additional Public Hearing After Delay.
Note     •     History

NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 73, No. 16.
2. Repealer filed 9-25-96; operative 9-25-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 39).
§10423. Procedures for a Hearing on a Materially Amended Application.
Note     •     History

If the Executive Director files a materially amended permit application under Section 10371, the Commission shall hold an additional public hearing on the materially amended application. The Executive Director shall prepare and distribute a new or revised application summary of the amended application or an addition to the existing summary at least ten (10) days prior to the hearing on the amended application.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 73, No. 16.
Subchapter 2. Public Comments on Applications
§10430. Distribution of Comments.
Note     •     History

(a) Except as provided in Section 10431, the Executive Director shall promptly reproduce the text of all written communications concerning applications that the Executive Director, the Commission, or the Chair has received and shall promptly distribute the texts to the parties named in Section 10381 if the staff receives the comments either no later than 5 p.m. on the Tuesday following the close of the public hearing, provided that if the Commission votes on an application on the same day as it closes the public hearing, no written comments will be accepted after the close of the public hearing, or prior to such other deadline that the Commission may establish, provided that if an applicant submits and the Executive Director files a nonmaterial amendment to the application less than seven days prior to the close of the period for accepting written comments from the public, the public can submit written comments on the amendment at any time prior to the Commission vote on the amended application and the Executive Director shall reproduce and distribute those comments in the same manner.
(b) The Executive Director shall not reproduce and distribute written communications pertaining to a permit application received later than 5 p.m. on the Tuesday following the close of the public hearing or after such other deadline that the Commission, the Chair, or the Executive Director may establish at the Commission meeting at which the Commission holds the public hearing on the application.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
§10431. Treatment of Similar Communications.
Note     •     History

When the Commission or the Chair receives more than five (5) similar communications, the texts do not need to be reproduced, but the Executive Director shall inform the Commission of the names and addresses of the senders and of the substance of the communications.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
Chapter 5. Major Permit Procedures: Approval or Denial of Permits
Article 1. Staff Recommendations
§10500. Staff Recommendation.
Note     •     History

(a) The Executive Director shall prepare a recommendation for presentation at the meeting at which the Commission will vote on an application.
(b) The Executive Director's recommendation shall be in the form of a proposed Commission resolution that complies with Section 10501 if it recommends approval or that complies with Section 10502 if it recommends denial.
(c) In either case, the Executive Director shall also prepare and present at the meeting at which the Commission will vote on an application a summary of all significant environmental points raised during the process of reviewing the application and a staff response to each of those points.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Sections 21080.5(d)(2)(D) and 29520(a), Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. New subsection (c) and amendment of Note filed 2-16-2007; operative 3-18-2007 (Register 2007, No. 7).
§10501. Contents of Resolution of Approval.
Note     •     History

A resolution granting an application in whole or in part shall:
(a) summarize briefly but completely the project to be approved and any differences from the project described in the application;
(b) authorize the project;
(c) state clearly and briefly the terms and conditions to which the permit will be subject;
(d) state the specific findings of fact that support, as applicable, all of the following conclusions:
(1) that the project conforms to either:
(A) the relevant provisions of California Government Code Sections 66600 through 66661 and the San Francisco Bay Plan if the project comes under the Commission's jurisdiction under California Government Code Sections 66610 and 66632, or
(B) the relevant provisions of California Public Resources Code Section 29000 through 29612, the San Francisco Bay Plan, and the Suisun Marsh Protection Plan if the project comes under the Commission's jurisdiction under California Public Resources Code Sections 29101, 29500, and 29501 and there is no certified local protection program for the Suisun Marsh, or
(C) the relevant provisions of California Public Resources Code Sections 29000 through 29612, the San Francisco Bay Plan, and the Suisun Marsh Protection Plan or of the certified local protection program for the Suisun Marsh if a certified local protection program exists and if the project comes under the Commission's jurisdiction under California Public Resources Code Section 29101, 29500, and 29501.
(2) that the project is consistent with the public trust needs for the area;
(3) that if the Commission is a responsible agency, either the project is statutorily or categorically exempt or that the lead agency has prepared and certified either a negative declaration or an environmental impact report on which the Commission has relied; and
(4) that if the Commission is the lead agency, either the project is statutorily or categorically exempt or the terms and conditions of the Commission permit together with the actions of other agencies make the project consistent with California Public Resources Code Sections 21000 through 21177.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66600, 66601, 66602, 66602.1, 66603, 66605, 66632(f) and 66632.4, Government Code; and Sections 21000-21176 and 29520(e), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10440 to Section 10501 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10502. Contents of Resolution of Denial.
Note     •     History

A resolution denying an application shall state specifically the grounds for the denial based on findings and declarations, relevant facts, statutory criteria, and San Francisco Bay Plan policies, and Suisun Marsh Protection Plan policies and the policies of the certified local protection program, in a manner analogous to that provided in Section 10501.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Sections 21000-21176 and 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10441 to Section 10502 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10503. Terms and Conditions.
Note     •     History

(a) The terms and conditions to which a permit is made subject, such as those relating to alternatives or measures to reduce or offset adverse impacts on the resources of the Bay, priority use areas, or public access, may concern any subject that is within the scope of the California Government Code Sections 66600 through 66661, California Public Resources Code Sections 29000 through 29612, the Commission's San Francisco Bay Plan, including any adopted Special Area Plan, the Suisun Marsh Protection Plan, the certified Local Protection Program for Suisun Marsh, Sections 3 and 4 of Article X of the California Constitution, the Management Program, and any other legislation that grants the Commission regulatory authority and that is also reasonably related to the project.
(b) Each permit shall contain conditions that the Commission has approved as part of the resolution approving the project.
(c) The terms and conditions of a permit shall normally remain effective so long as the permit remains effective, the uses authorized in the permit remain in effect, or the structures authorized in the permit remain standing, whichever is longer, unless the condition specifies differently.
(d) The terms and conditions of a permit shall bind all future owners and possessors of the property unless the Commission sets an expiration date or provides that the condition(s) shall apply only to the applicant or other specifically named party.
(e) The terms and conditions of a permit that authorizes the placement of fill or the extraction of materials shall specify dates by which the placement of fill or the extraction of materials shall commence and shall be completed. If the permit does not specify a date by which the placement of fill or the extraction of the material must be completed, the permittee must complete the placement or extraction within three (3) years of the date on which the Commission approved the permit. If the placement of the fill or the extraction of the material is not completed by the date specified in the permit or, if the permit specifies no date, by three (3) years from the date the Commission approved the permit, the authorization shall become null and void, although other conditions of the permit will still be binding. These time limitations may be extended by amendment of the permit.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66600, 66601, 66602, 66602.1, 66603, 66605 and 66632(f), Government Code; and Sections 21001, 21002.1, 21004, 21080.5, 29506 and 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10442 to Section 10553 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10504. Staff Recommendation--Presentation.
Note     •     History

Before any motion on an application may be made, the Executive Director shall present the staff recommendation to the Commission. The Executive Director should mail the staff recommendation in writing to the Commission, the applicant, and each interested party from whom a written request has been received at least six (6) days prior to the meeting at which the matter is noticed. However, if the Executive Director cannot do so, he or she shall read the recommendation in full to the Commission at the meeting at which the matter is noticed for voting or provide copies of a written recommendation to each Commissioner and each interested party present at the meeting at which the matter is noticed. When copies are provided, the Chair shall allow sufficient time for each person to read the recommendation.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10451 to Section 10504 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 75, No. 51.
§10505. Applicant's Comments and Commission Questions.
Note     •     History

(a) The applicant or the applicant's representative shall have an opportunity to state briefly and specifically his or her views on the Executive Director's recommendation immediately following the presentation of the recommendation.
(b) If the Executive Director has not mailed his or her recommendation to the applicant at least six (6) days prior to the meeting at which he or she scheduled the vote and if the applicant states that he or she is not prepared to state his or her views on the recommendation, the applicant may request postponement of the matter until the Commission's next scheduled meeting.
(c) If such a postponement would not extend beyond the expiration of the ninety (90) day period established by subdivision (f) of Government Code Section 66632 and beyond the time limit established by Government Code Sections 65950 through 65957.1, the applicant's comments and all Commission discussion, further questions, and voting shall be automatically postponed to the next scheduled Commission meeting.
(d) If such a postponement would extend beyond the expiration of the ninety (90) day period established by Government Code Section 66632, further action on the application shall be postponed only if the applicant agrees on the record to extend that period to allow the Commission to vote.
(e) If such postponement would extend beyond the expiration of the time limits established by Government Code Sections 65950 through 65957.1, further action on the application cannot be postponed.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10452 to Section 10505 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 75, No. 51.
Article 2. Voting
§10510. Time for Voting.
Note     •     History

The Commission shall vote on an application at the same meeting as the meeting at which the Commission closes the public hearing unless either (1) one or more Commission member objects, (2) the Executive Director withdraws the tentative recommendation because he or she believes that an issue or issues were raised at the public hearing that the tentative recommendation does not adequately address, (3) the Executive Director is not prepared to present a recommendation, (4) voting at the same meeting is inconsistent with existing law or regulation, or (5) the meeting notice for that meeting does not state that the Commission may vote on the application.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; Section 29520(a), Public Resources Code; and Foundation for San Francisco Architectural Heritage v. City and County of San Francisco (1980) 106 Cal. App. 3d 893, 906-907.
HISTORY

1. Repealer of former Section 10510 and renumbering and amendment of Section 10450 to Section 10510 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 75, No. 51.
2. Amendment of subsection (a) and repealer of subsection (a) designator and subsections (b) and (c) filed 9-19-96; operative 10-19-96 (Register 96, No. 38).
§10511. Straw Votes.
Note     •     History

The Commission will take a straw vote on any question if the Chair believes that it will facilitate consideration of any application.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10454 to Section 10511 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 75, No. 51.
§10512. Voting Procedure.
Note     •     History

(a) Any voting member may move to vote on an application. The motion shall be to approve the application, either with or without conditions.
(b) The Commission shall vote on permit applications by roll call in alphabetical order except that the Chair shall vote last.
(c) Votes by the Commission shall only be on the affirmative question of whether the permit should be granted, i.e., a “yes” vote shall be to grant a permit (with or without conditions) and a “no” vote shall be to deny a permit.
(d) Any member may change his or her vote only before the Chair announces the results of the vote.
(e) Thirteen (13) or more “yes” votes shall mean that the Commission has approved the application with such conditions as the motion contained.
(f) Less than thirteen (13) “yes” votes shall mean that the Commission has denied the application.
(g) Once the Chair announces the results of the vote, it shall be the final action on the application except as provided in Section 10514 for the adoption of findings to support the Commission's actions.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; Section 29520(a), Public Resources Code; and Foundation for San Francisco Architectural Heritage v. City and County of San Francisco (1980) 106 Cal. App. 3d 893, 906-907.
HISTORY

1. Renumbering and amendment of Section 10455 to Section 10512 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 75, No. 51.
§10513. Voting by Members Absent from Hearing.
Note     •     History

(a) A member may vote on any application despite having been absent from the public hearing(s) on the application if he or she has read the minutes of the hearing(s) and has had an opportunity to ask questions concerning the application at a Commission meeting before voting.
(b) Prior to commencing a roll call on any application, the Chair should ask members who were not present at the hearing(s) on the application to indicate for the record that they have read the application summary and the minutes of the hearing(s) and are prepared to vote.
(c) Inadvertent failure to follow the procedure set out in paragraph (b) of this section shall not invalidate the vote.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; Section 29520(a), Public Resources Code; and Le Strange v. City of Berkeley (1962) 210 Cal. App. 2d 313, 325.
HISTORY

1. Renumbering and amendment of Section 10457 to Section 10513 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 73, No. 18.
§10514. Commission Findings on Permits.
Note     •     History

(a) If the Commission vote is consistent with the Executive Director's recommendation, the findings and conclusions contained in the recommendation shall become the Commission's findings and conclusions unless the Commission expressly adopts different or additional findings.
(b) If the Executive Director recommends approval and the Commission approves the application with additional terms or conditions or different terms or conditions than those recommended by the Executive Director, those members of the Commission who voted for approval shall state their reasons for requiring the additional or different terms or conditions after the vote becomes final.
(c) If the Executive Director recommends approval and the Commission denies the application, all members who vote “no” on the application shall state their reasons for their “no” vote after the vote becomes final.
(d) If the Executive Director recommends denial and the Commission votes to approve the application, all members who vote “yes” shall state their reasons for their “yes” vote after the vote becomes final.
(e) When the Commission has voted on a permit application in a manner that is not consistent with the Executive Director's recommendation, the Executive Director shall prepare draft findings based on the statements made by those Commission members who voted consistent with the outcome of the vote and on such other materials as the Executive Director believes is necessary to support the Commission's decision legally or is otherwise appropriate. The Executive Director shall present proposed findings to the Commission at the meeting following the vote on the application, at which time the Commission shall vote on the proposed findings. Only those Commission members who voted consistent with the prevailing decision may vote on whether or not to adopt the proposed findings. The vote shall be by a majority of those present and voting. If those present and voting do not adopt the proposed findings that the Executive Director has submitted, they can either make such changes as they determine are appropriate and adopt the findings at that meeting or direct the Executive Director to prepare further proposed findings and submit them to the Commission at the next meeting, in which case those who voted consistent with the prevailing decision may again vote on whether to adopt the further proposed findings. This cycle shall continue until the Commission has adopted findings to support its decision.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; Section 29520(a), Public Resources Code; Sierra Club v City of Hayward (1981) 28 Cal. 3d 840, 858-60; Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11 Cal. 3d 506, 514-17; and Foundation for San Francisco Architectural Heritage v. City and County of San Francisco, (1980) 106 Cal. App. 3d. 893, 906-907.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
§10515. Specific Action.
Note     •     History

The approval of an application by its receiving thirteen (13) or more “yes” votes or the denial of an application by its receiving less than thirteen (13) “yes” votes shall be the “specific action” granting or denying the permit as required by the second sentence of subdivision (f) of Government Code Section 66632.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10458 to Section 10515 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, Register 73, No. 18.
§10516. Environmental Documentation Required for Public Hearing and Vote on Major Permit.
Note     •     History

Before the Commission may hold a public hearing and vote on a major permit, the Commission must receive a copy of any required environmental determination and certified environmental document issued by the lead agency, as follows:
(a) If a negative declaration or environmental impact document for a project must be certified by the lead agency under the California Environmental Quality Act (CEQA), then the applicant may submit the certification and document as part of the permit application.
(b) When the certification and document are not submitted as part of the permit application, either (1) the applicant must submit a copy of the certification and document before the Commission holds a public hearing and votes on the permit, or (2) the Commission shall deny a permit for the project.
NOTE

Authority cited: Section 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65941 and 66632(f), Government Code; and Sections 21000(g) and 29520, Public Resources Code.
HISTORY

1. New section filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
Article 3. Issuance of Permits
§10520. Contents of Permits.
Note     •     History

Permits shall be signed by the Executive Director and shall include:
(a) the text of the Commission's resolution of approval, including all conditions, with all necessary exhibits and the vote of approval;
(b) any other language or drawings, in full or incorporated by reference, that are consistent with the Commission's resolution of approval, and required to clarify or facilitate carrying out the intent of the Commission;
(c) provisions for “all public improvements and public utility facilities which are necessary or incidental to the project,” as determined by the Executive Director;
(d) an unexecuted notice of receipt; and
(e) an unexecuted notice of completion.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Repealer of former Section 10520, and renumbering and amendment of Section 10610 to Section 10520 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10521. Mailing to Permittee(s).
Note     •     History

(a) The Executive Director shall sign and shall mail the permit to all permittee(s) within fifteen (15) working days following the approval, provided that if the permit authorizes the disposal of any dredged material in either the Commission's “San Francisco Bay” jurisdiction or the Commission's “certain waterways” jurisdiction, the applicant must also submit a user fee as provided for in section 10522 before the Executive Director shall sign and mail the permit.
(b) Within five days of the Commission approval, an applicant may request in writing that the Executive Director extend to 30 working days the time period specified in subsection (a) within which the Executive Director must issue the permit. Upon receipt of such a timely request, the Executive Director shall not issue the permit until the permittee agrees to its issuance or until the 30th working day after the approval of the permit application.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 10521 to section 10610, and renumbering and amendment of section 10630 to section 10521 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment filed 11-23-92; operative 12-23-92 (Register 92, No. 48).
3. Amendment filed 8-20-96; operative 9-19-96 (Register 96, No. 34).
4. Designation of first paragraph as subsection (a) and new subsection (b) filed 4-15-97; operative 5-15-97 (Register 97, No. 16).
§10522. User Fees for Disposal of Dredged Material Into Commission's “Bay” or “Certain Waterways” Jurisdictions.
Note     •     History

(a) For the disposal of dredged materials into either the Commission's “San Francisco Bay” jurisdiction or the Commission's “certain waterways” jurisdiction other than as part of a “beneficial use project,” as defined in subsection (c), the applicant shall submit prior to the issuance of any permit a check or money order in the amount equal to the product of $0.07 multiplied by the number of cubic yards proposed to be disposed.
(b) If the sum of all user fees collected pursuant to this section to help finance the Commission's participation in the Long Term Management Strategy program exceeds $210,000, the Commission shall not require any further user fees pursuant to this section and shall return to all permit applicants all user fees collected in excess of $210,000.
(c) “Beneficial use projects,” as that term is used in California Government Code Section 66667(b) and in these regulations, are those projects in the Commission's “San Francisco Bay” or “certain waterway” jurisdictions where the dredged material will be used (1) as construction material, and (2) in one of the following types of projects: (A) habitat improvement; (B) repair or improvement of levees; (C) port or public access facilities; or (D) other Commission-approved fill projects.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632 and 66667, Government Code.
HISTORY

1. Renumbering of former section 10522 to section 10523 and new section filed 11-23-92; operative 12-23-92 (Register 92, No. 48).
2. Amendment of section heading and section filed 8-20-96; operative 9-19-96 (Register 96, No. 34).
§10523. Distribution of Permit Copies.
Note     •     History

The Executive Director shall send a copy of the permit to the appropriate U.S. Army Corps of Engineers District Engineer and to any other person or organization who has requested in writing receipt of a copy.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of section 10631 to section 10522 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Renumbering of former section 10523 to section 10524 and renumbering of former section 10522 to section 10523 filed 11-23-92; operative 12-23-92 (Register 92, No. 48).
§10524. Notice of Permit.
Note     •     History

Notice of the issuance of a permit in which the Commission has prepared an environmental assessment and is acting as lead agency shall be filed with the Secretary of the Resources Agency.
NOTE

Authority cited: Section 66632(), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Sections 21108(a) and 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of section 10632 to section 10523 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Renumbering of former section 10524 to section 10525 and renumbering of former section 10523 to section 10524 filed 11-23-92; operative 12-23-92 (Register 92, No. 48).
§10525. Notice of Receipt and Acknowledgment.
Note     •     History

A permit shall not become effective and the permittee(s) shall not start work on the project until the Commission receives the original permit on which all permittees have acknowledged that they have received the permit and understand and accept the contents of the permit.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of section 10620 to section 10524 filed 5-18-87; operative 6-17-87 (Register 87, No.30). For prior history, see Register 80, No. 48.
2. Renumbering of former section 10525 to section 10526 and renumbering of former section 10524 to section 10525 filed 11-23-92; operative 12-23-92 (Register 92, No. 48).
§10526. Disputes over Contents of a Permit.
Note     •     History

(a) Any permittee who believes that the permit issued does not correctly embody the action of the Commission shall inform the Executive Director in writing of the disagreement within thirty (30) days of receipt of the permit.
(b) The permittee, the Executive Director, and the Chair shall consult and resolve the dispute if possible.
(c) If the permittee, the Executive Director, and the Chair cannot resolve the dispute, the Executive Director shall refer the dispute to the full Commission for resolution.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of section 10640 to section 10525 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Renumbering of former section 10525 to section 10526 filed 11-23-92; operative 12-23-92 (Register 92, No. 48).
3. Amendment of subsection (a) filed 5-1-97; operative 5-31-97 (Register 97, No. 18).
Article 4. Denial of Permits
§10530. Notification of Denial of Permit Application.
Note     •     History

(a) The Commission shall notify an applicant of the denial of a permit application in a letter that includes the text of the Commission's resolution of denial or the reasons for denial and the vote thereon.
(b) The Executive Director shall sign each notification of denial and shall mail it to the applicant(s) no later than fifteen (15) working days following the denial.
(c) The Executive Director shall send copies of the notification of denial to the U.S. Army Corps of Engineers District Engineer and to any other person or organization who has requested in writing notification of the denial.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10650 to Section 10530 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
Article 5. Notice of Completion
§10540. Notice of Completion.
Note     •     History

The permittee(s) shall file an executed notice of completion with the Executive Director within two (2) weeks of completion of the work authorized in the permit.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10660 to Section 10540 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
Chapter 6. Permit Procedures: Administrative and Emergency Permits
Subchapter 1. Procedures for Permits for Minor Repairs or Improvements (Administrative Permits)
Article 1. Definitions
§10600. Administrative Permit.
Note     •     History

“Administrative permit,” sometimes referred to as a “minor permit,” means a permit issued for minor repairs or improvements.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§10601. Minor Repairs or Improvements.
Note     •     History

“Minor repairs or improvements” means any activity for which a Commission permit is required, that is either (a) necessary to the health, safety, or welfare of the public in the entire Bay Area, (b) consistent with the Government Code sections 66600 through 66661 and the San Francisco Bay Plan, or (c) consistent with the Public Resources Code sections 29000 through 29612 and Suisun Marsh Protection Plan or with the certified Suisun Marsh Local Protection Program, and that falls into one or more of the following categories:
(a) with respect to activities in San Francisco Bay:
(1) the construction of a new single boat dock no larger than 1,000 square feet or a new multiple boat dock no larger than 5,000 square feet, or up to 20,000 square feet of expansion of boat docking facilities within an existing marina;
(2) the installation of new protective works and repairs to existing protective works, such as bulkheads and riprap, that meet the following criteria:  
(A) the size of the new work(s) or the repairs to the existing work(s) constitute the minimum amount necessary to stabilize existing dikes and banks or to provide improved fish or wildlife habitat, and
(B) the new work or repairs to existing work(s) would cover less than 10,000 square feet of the horizontal projection of the work below the shoreline;
(3) the placement of piles to support extensions of portions of principal structures, as defined in section 10702(b), over the water where the total of any such extensions would not exceed 1,000 square feet in area;
(4) the placement of outfall pipes approved by the California Regional Water Quality Control Board, San Francisco Bay Region;
(5) the placement of utility cables on or under the bottom of the Bay;
(6) routine repairs, reconstruction, replacement, removal, and maintenance that do not involve any substantial enlargement or change in use;
(7) minor fill for improving shoreline appearance that complies with section 10700 and that does not exceed 1,000 square feet in area; and 
(8) minor fill for improving public access that complies with section 10701 and that does not exceed 1,000 square feet in area.
(b) with respect to activities in the 100-foot shoreline band:
(1) the placement of small amounts of inert inorganic fill, the extraction of small amounts of materials, or a substantial change of use of any area so long as the placement, extraction, or change in use does not have a significant adverse effect on present or possible future maximum feasible public access to the Bay consistent with the project, on present or possible future use for a designated priority water-related use, and on the environment;
(2) the construction of one- and two-family residences and ancillary residential structures on any parcel except in cases where the parcel was subdivided after June 17, 1987 and the subdivision was not authorized by a Commission permit, or when the residence would adversely affect existing physical or visual public access, or affect potential visual public access;
(3) any substantial change in use of a structure built on piles placed over the Bay prior to September 17, 1965 where the change in use does not involve any change in the structure, piles, or the extent of water coverage;
(4) the installation of new protective works and repairs to existing protective works, such as bulkheads and riprap, in the minimum amount necessary to stabilize existing dikes and banks or to provide improved fish or wildlife habitat;
(5) routine repairs, reconstruction, replacement, removal, and maintenance that do not involve any substantial enlargement or any substantial change in uses; and
(6) any subdivision of land or other division of land.
(c) with respect to activities in salt ponds and managed wetlands:
(1) the reconstruction of existing power transmission towers, communication towers, and walkways providing access to such towers; and 
(2) repairs to protective works in the minimum amount necessary to stabilize existing dikes or to provide improved wildlife habitat.
(d) with respect to activities in the Suisun Marsh:
(1) one or more of the activities listed in paragraph (a), (b), or (c) of this section;
(2) any subdivision of land or other division of land, including lot splits;
(3) the removal of vegetation;
(4) the discharge of any gaseous, liquid, or thermal waste as approved by the California Regional Water Quality Control Board, San Francisco Bay Region;
(5) the grading of any materials; and
(6) the construction, reconstruction, relocation, demolition, or alteration of the size of any one- or two-family residence, duck club structure, farm structure and ancillary structures, and any facility of any private, public, or municipal electrical generating facility with a capacity of less than ten (10) megawatts electrical (10MWe), and any other private, public, or municipal utility facility of less than 10,000 square feet.
(e) with respect to activities anywhere in the Commission's jurisdiction:
(1) the placement of a temporary structure provided that the structure is removed no later than 180 days after its placement and the area is returned to its pre-existing condition within a reasonable time thereafter;
(2) the temporary substantial change in use of water, land, or a structure, provided that the initial use is reestablished no later than 180 days after the temporary change in use;
(3) any other activity similar to those listed in paragraphs (a), (b), (c), and (d) of this section that would have no greater adverse impact on the Bay than the listed activities; and
(4) the placement of facilities required for environmental quality testing that does not involve placement of fill, change in use or alteration of public access for a period of time longer than provided by the permit for completion of the work, and would not otherwise have a substantial effect on Bay-related resources.
(f) with respect to dredging or disposal activities located anywhere within the Commission's jurisdiction, those activities specified in Section 10602.
NOTE

Authority cited: Section 66632(f),  Government Code; and Section 29201(e),  Public Resources Code. Reference: Sections 66632(a) and (f), Government Code;  and Sections 29201(e) and 29505, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment of subsections (a)(10) and (a)(11) filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Amendment of subsection (a)(5) filed 9-17-90; operative 10-17-90 (Register 90, No. 43). 
4. Amendment of subsections (a)(4), (b)(2), (e)(2) and (e)(3), and new subsection (e)(4) filed 7-27-92; operative 8-26-92 (Register 92, No. 31).
5. Renumbering of subsections (a)(1)-(3) to new section 10602 and subsection renumbering with amendments and new subsection (f) and amendment of Note filed 2-2-93; operative 3-4-93 (Register 93, No. 6).
6. Amendment of first paragraph, redesignation and amendment of subsections (a)(2)(a) and (a)(2)(b) to subsections (a)(2)(A) and (a)(2)(B),  and amendment of subsections (a)(6) and (b)(1) and Note filed 5-24-96; operative 6-23-96 (Register 96,  No. 21).
7. Amendment of subsection (b)(2) filed 7-18-96; operative 8-17-96 (Register 96, No. 29).
8. Amendment of subsection (a)(1) filed 7-30-96; operative 8-29-96 (Register 96, No. 31).
§10602. Administrative Permits Related to Dredging and Disposal Projects.
Note     •     History

The following dredging and disposal projects constitute “minor repairs or improvements” that may be authorized administratively:
(a) All maintenance dredging projects that are completed within a period of 10 years;
(b) Any new dredging of 200,000 cubic yards or less completed within a period of 10 years;
(c) Sand mining projects where the sand is sold or re-used, where the project is completed within a period of five years, and where no more than 250,000 cubic yards are dredged in any one year;
(d) New dredging projects to deepen existing navigation channels or basins that do not result in significant adverse environmental impacts or raise conflicts with the Commission's laws and policies, and where the dredged material is disposed of outside the Commission's Bay or certain waterways jurisdictions;
(e) the disposal of dredged material that occurs only at a site listed in Regulation Section 10713.5; and meets either one of the following criteria:
(1) the amount of material to be disposed of does not exceed, individually or cumulatively with other projects for the calendar year, the following volumes for the listed disposal sites:
(A) at the Alcatraz Island site (SF-11): 4 million cubic yards annually with a monthly maximum of 400,000 cubic yards between October 1st of each year and April 30th of the following year and a monthly maximum of 300,000 cubic yards between May 1st and September 30th of each year;
(B) At the San Pablo Bay site (SF-10): 500,000 cubic yards annually;
(C) At the Carquinez Strait site (SF-9): 3 million cubic yards annually in a wet or above normal water flow year as those years are classified by the Department of Water Resources and 2 million cubic yards annually in all other year classifications, and in either case with a maximum of 1 million cubic yards in any one month; and
(D) At the Suisun Bay Channel site (SF-16): 200,000 cubic yards annually for U.S. Army Corps of Engineers Suisun Bay Channel and New York Slough channel maintenance dredging projects only; or
(2) the disposal involves only the disposal of material dredged by a small dredger as defined in Section 10727.
(f) the disposal of less than 30,000 cubic yards of dredged material at any  location other than that identified in Section 10602(e)(1) in a manner and at a time approved by the Executive Director, after consultation with National Marine Fisheries Service, the U.S. Fish and Wildlife Service, and the California Department of Fish and Game and agreement by the U.S. Army Crops of Engineers, San Francisco District, and by the Executive Officer of the California Regional Water Quality Control Board, San Francisco Bay Region, as involving no or small potential risk of an adverse environmental impact;
(g) The disposal of any amount of dredged material in the ocean, the Suisun Marsh, a salt pond, a managed wetland, or a non-aquatic location.
NOTE

Authority cited: Section 66632(f), Government Code; and section 29201(e), Public Resources Code. Reference: Sections 66632(a) and (f), and 66663-66666, Government Code; and sections 29201(e) and 29505, Public Resources Code.
HISTORY

1. Renumbering of section 10601 subsections (a)(1)-(3) to section 10602 with amendments and new subsections (c)(2)-(c)(3)(B) and (e) and Note filed 2-2-93; operative 3-4-93 (Register 93, No. 6).
2. Amendment of subsections (a) and (b), new subsections (c) and (d), subsection relettering, and amendment of newly designated subsections (e)(2) and (f) filed 1-29-98; operative 2-28-98 (Register 98, No. 5).
3. Amendment of section and Note filed 6-16-2008; operative 7-16-2008 (Register 2008, No. 25).
Article 2. Applications for Administrative Permits
§10610. Application.
Note     •     History

For an activity asserted to be “minor repairs or improvements,” an applicant shall furnish:
(a) one (1) original copy of a fully completed and properly executed application form which these regulations contain as Appendix D;
(b) exhibits to the application form as provided by Appendix F and Section 10625;
(c) an executed Certificate of Posting of “Notice of Pending BCDC Application” form as provided by Appendix E;
(d) evidence that all local discretionary approvals (i.e., all approvals other than ministerial permits such as building permits) have been received, or for subdivisions or other land divisions requiring a Commission permit for which final local approval or disapproval has not been granted, a statement that the local government either favors the project, with or without conditions, or does not favor the project; and
(e) a check or money order in the amount shown in Appendix M.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 10610 to section 10520, and renumbering and amendment of section 10521 to section 10610 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
3. Amendment of subsection (b) and Note filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
4. Amendment of subsection (e) filed 10-14-2004; operative 10-14-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 42). 
§10611. Executive Director's Determination If an Application for an Administrative Permit Should Be Filed.
Note     •     History

(a) If the Executive Director believes that an application for an administrative permit is complete and properly qualifies for processing as an administrative permit application under Section 10601, he or she shall file the application and notify the applicant of that fact.
(b) If the Executive Director believes that an application for an administrative permit is not complete or does not properly qualify for processing as an administrative permit application under Section 10601, he or she shall notify the applicant of the determination with an explanation within thirty (30) days of receiving the application.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10540 to Section 10611 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10612. Amendments to Administrative Permit Applications.
Note     •     History

(a) An applicant for an administrative permit may amend the application after the application has been filed at least two days prior to the mailing of the administrative listing for the application.
(b) An applicant who wants to amend an application for an administrative permit shall submit the amendment request by a letter that fully describes the amended project and is signed by the applicant or his or her authorized representative.
(c) The submittal of a request to amend a pending administrative permit application shall automatically supersede the original application, and the amended application shall thereafter be the only application considered to be submitted to the Commission.
(d) If the Executive Director determines that the amended project still qualifies as a “minor repair or improvement,” the Executive Director shall notify the applicant that the amendment has been filed and shall thereafter proceed according to these regulations to complete processing of the amended application as an application for an administrative permit.
(e) If the Executive Director determines that the project as amended no longer qualifies as a minor repair or improvement, the Executive Director shall notify the applicant of the Executive Director's determination and that the applicant can apply for a major application to authorize the amended project.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65943 and 66632(f), Government Code; and Section 29520, Public Resources Code.
HISTORY

1. New section filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
Article 3. Approval or Denial of Administrative Permits
§10620. Administrative--Listing.
Note     •     History

(a) Before acting on any permit application for “minor repairs or improvements,” the Executive Director shall submit a list of the applications that are ready to be acted on to the Commission, to any persons who requested receipt of the list in writing, and to all agencies that have jurisdiction by law with respect to the proposed activity that is the subject of the matter listed. The list shall include the following for each application:
(1) the name and address of each of the applicant(s);
(2) the date on which the application was filed;
(3) an informative summary of the work proposed, including the location of the proposed project;
(4) the number assigned to each application;
(5) the name of the responsible staff member; 
(6) whether the Executive Director recommends approval or denial of the application or has not yet reached a decision; and
(7) a summary of all significant environmental points raised during the review process and a staff response to each of those points.
(b) The listing will be mailed at least five (5) days prior to a regularly scheduled Commission meeting date. Any further significant environmental concerns raised after the list was submitted, along with the staff response to each concern, shall be provided to the Commission at the regularly scheduled meeting.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Sections 21080.5(d)(2)(C), 21080.5(d)(2)(D) and 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10620 to Section 10524, and renumbering and amendment of Section 10542(a) and (b) to Section 10620 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment of section and Note filed 2-16-2007; operative 3-18-2007 (Register 2007, No. 7).
§10621. Executive Director's and Commission's Action After Listing.
Note     •     History

(a) The Executive Director cannot act on an administrative permit application if either one of the following sets of circumstances exist:
(1) when the Commission holds a meeting within 14 days of the mailing of the administrative listing, one or more Commissioner has objected at the meeting to the issuance of the administrative permit and the Commission has determined at that meeting by a majority of those present and voting that the Commission should process the application as a major permit application;
(2) when the Commission does not hold a meeting within 14 days of the mailing of the administrative listing, one or more Commissioner has submitted to the Executive Director a written objection to the issuance of the administrative permit within 14 days of the mailing of the administrative listing and the Commission has determined at the first meeting following the objection by a majority of those present and voting that the Commission should process the application as a major application;
(b) The Executive Director can act on an application for an administrative permit despite the restrictions contained in subsection (a) of this section if compliance with subsection (a) would prevent the Executive Director and Commission from acting within the 90-day time period with which the McAteer-Petris Act requires action on a permit application.
(c) If the Commission determines that the Commission should consider the application the Executive Director shall within five (5) working days notify the applicant that he or she has denied the application with the reasons for denial being that the activity could not be properly considered as a minor repair or improvement and with information on how to proceed.
(d) If the Commission does not determine that the Commission should consider the application, the Executive Director shall act on that the application within five (5) working days.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10542(c) and (d) to Section 10621 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
§10622. Criteria and Contents of Permits.
Note     •     History

(a) The Executive Director shall approve an application for an administrative permit only if he or she determines that the proposed activity, including reasonable terms and conditions, qualifies as a minor repair or improvement and is consistent with California Government Code Sections 66600 through 66682, the San Francisco Bay Plan, California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, the certified Suisun Marsh Local Protection Program, California Public Resources Code Sections 21000 through 21176, and these regulations.
(b) Administrative permits are subject to the same policies as a major permit and shall be governed by the provisions of Chapter 5, concerning the format, receipt, and acknowledgment of permits, including the need to pay a user fee of $0.07 per cubic yard prior to the issuance of the administrative permit for dredged material to be disposed within either the Commission's “Bay” or “certain waterways” jurisdictions as described in section 10522, except that references to “Commission resolution” shall refer instead to the “Executive Director's determination.”
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66667, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 11-23-92; operative 12-23-92 (Register 92, No. 48).
3. Editorial correction of subsection (b) (Register 95, No. 41).
4. Amendment of subsection (b) and Note filed 8-20-96; operative 9-19-96 (Register 96, No. 34). 
§10623. Denial of an Administrative Permit--Notice to Applicant.
Note     •     History

If the Executive Director denies an application for an administrative permit, he or she shall notify the applicant with an explanation of the reasons for denying the application.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10541 to Section 10623 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10624. Denial of an Administrative Permit--Filing with the Commission.
Note     •     History

If the Executive Director returns unfiled or denies an application for an administrative permit or the applicant objects to a term or condition in the permit, the applicant may take the application to the Commission without waiting ninety (90) days by complying with all the provisions of these regulations dealing with major permit applications.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§10625. Environmental Documentation Required for Approval of Minor Permit.
Note     •     History

Before the Executive Director may approve a minor permit, the Commission must receive a copy of any required environmental determination and certified environmental document issued by the lead agency, as follows:
(a) If a negative declaration or environmental impact document for a project must be certified by the lead agency under the California Environmental Quality Act (CEQA), then the applicant may submit the certification and document as part of the permit application.
(b) When the certification and document are not submitted as part of a permit application, either (1) the applicant must submit a copy of the lead agency's certification and document before the Executive Director submits an administrative listing of the application to the Commission as specified in Section 10620, or (2) the Executive Director shall deny a permit for the project.
NOTE

Authority cited: Section 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65941 and 66632(f), Government Code; and Sections 21000(g) and 29520, Public Resources Code.
HISTORY

1. New section filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
Subchapter 2. Emergency Permits
Article 1. Applications
§10640. Method of Application.
Note     •     History

Applications for emergency permits shall be made by letter if time allows, or by telephone or in person if time does not allow use of a letter.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29509, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10640 to Section 10525, and renumbering and amendment of Section 10575 to Section 10640 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 70, No. 46.
§10641. Necessary Information for Application.
Note     •     History

An application shall describe the nature of the emergency, the location of the emergency, and the work proposed. The amount of information needed to describe these aspects of the emergency shall be consistent with the time the emergency allows.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29509, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10576 to Section 10641 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 70, No. 46.
Article 2. Procedures
§10650. Verification of Emergency.
Note     •     History

The Executive Director shall verify the facts surrounding the emergency, particularly the existence and nature of the emergency, insofar as time allows.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29509, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10650 to Section 10630, and renumbering and amendment of Section 10580 to Section 10650 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 79, No. 29 and 70, No. 46.
§10651. Consultation with Chair.
Note     •     History

If time allows, the Executive Director shall consult with the Chair before granting an emergency permit. If time does not allow consultation prior to granting the permit, the Executive Director shall notify the Chair as soon as possible after granting the emergency permit.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29509, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10581 to Section 10651 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 70, No. 46.
§10652. Criteria for Granting Permit.
Note     •     History

The Executive Director shall grant an emergency permit, upon reasonable terms and conditions, if he or she finds that:
(a) An emergency exists and requires action more quickly than can reasonably occur when following the Commission's procedures for issuing permits; and
(b) The work proposed would be consistent with California Government Code Section 66600 through 66661, the San Francisco Bay Plan, California Public Resources Code Section 29000 through 29612, the Suisun Marsh Protection Plan, California Public Resources Code Sections 21000 through 21177, the certified Suisun Marsh local protection program, and these regulations, as they might apply.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66653, Government Code; and Section 29509, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10582 to Section 10652 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 70, No. 46.
2. Amendment of subsection (a) filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
§10653. Documentation Subsequent to Issuance of an Emergency Permit.
Note     •     History

Within five (5) working days after having received an emergency permit, the permittee shall deliver to the Executive Director descriptive material concerning the emergency work that is substantially similar to the documentation required in applications for administrative permits and all appropriate fees for the work.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29509, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10583 to Section 10653 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 70, No. 46.
§10654. Report to Commission.
Note     •     History

The Executive Director shall report to the Commission, as part of the administrative permit listing at each meeting, the permits for “emergencies” that he or she has issued since the last report.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29509, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10584 to Section 10654 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 70, No. 46.
Article 3. Emergency Repairs to Maintain Public Services
§10660. Emergency Repairs to Maintain Public Services.
Note     •     History

The notification that California Government Code Section 66632.2(b) requires shall include descriptive material concerning the work that is substantially similar to the documentation required in applications for administrative permits.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632.2, Government Code; and Section 29509, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10660 to Section 10540, and renumbering and amendment of Section 10590 to Section 10660 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 79, No. 29 and 70, No. 46.
Chapter 7. Special Rules
Article 1. Special Rules for Non-Water-Oriented Fills
§10700. Minor Fill for Improving Shoreline Appearance.
Note     •     History

The Commission may approve the placement of minor fill to improve shoreline appearance, including the mooring of an historic ship as defined in Section 10703 or the repair, maintenance, renovation, remodeling, rehabilitation, or replacement of a pre-existing residential structure as defined in Section 10705, only if, in addition to the other findings required by Cal. Government Code Section 66605 and the San Francisco Bay Plan, the Commission finds and declares that:
(a) the fill is necessary because:
(1) the present appearance of the Bay and shoreline in the area adversely affects enjoyment of the Bay and its shoreline within the site area itself or within adjacent areas of the Bay or shoreline, and
(2) it is either physically impracticable or economically infeasible to improve the appearance without filling;
(b) the amount of filling approved is the minimum necessary to improve shoreline appearance;
(c) the proposed project would improve the shoreline appearance; and
(d) the fill will not adversely affect enjoyment of the Bay and its shoreline within the fill area itself or within adjacent areas of the Bay and shoreline and the fill will not have any adverse effect on present or possible future use of the area for any designated priority water-related use or for public access, and
(e) with regard to a pre-existing residential structure, the requirements of subdivisions (b) and (c) above will be deemed met if the repair, maintenance, rehabilitation, renovation, remodeling or replacement will not substantially enlarge the size of the pre-existing structure, will not be out of character or scale with any nearby structures, will cover less of the Bay surface than the pre-existing structure, and will not change the use of the pre-existing structure.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66605 and 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment of first paragraph and new subsection (e) filed 11-30-93; operative 12-30-93 (Register 93, No. 49).
§10701. Minor Fill for Improving Public Access.
Note     •     History

The Commission may approve the placement of minor fill to improve public access, including the mooring of an historic ship as defined in Section 10703, only if, in addition to the other findings required by Cal. Government Code Section 66605 and the San Francisco Bay Plan, the Commission finds and declares that:
(a) the fill is necessary because:
(1) there is at present inadequate public access to the Bay shoreline in the area, and
(2) it is either physically impracticable or economically infeasible to improve public access without filling;
(b) the fill will improve public access to the Bay; and
(c) the amount of filling approved is the minimum necessary to provide improved public access to the Bay.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66605 and 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§10702. Using the Bay as a Design Asset.
Note     •     History

(a) The Commission may approve the extension of an accessory structure, such as a boat dock, and portions of a principal structure on pilings over water when the Commission, in addition to findings required by Cal. Government Code Section 66605 and the San Francisco Bay Plan, including those that require that fill in San Francisco Bay be either for a water-oriented use, minor fill to improve shoreline appearance, or minor fill to improve public access, finds and declares that:
(1) either:
(A) the extension is necessary to allow actual use of the water, i.e., for mooring boats, or
(B) the extension is:
(1) designed by means such as location, window placement, and size to afford to occupants of the structure a feeling of closeness to the surface of the Bay waters that cannot be achieved except by the extension of portions of structures over water on piles;
(2) designed so as not to adversely affect enjoyment of the Bay and its shoreline by residents of, employees of, and visitors to the structure or adjacent areas of the Bay or shoreline; and
(2) the extension is not inconsistent with the public trust.
(b) “Portions of a principal structure” means those portions of a structure that (1) would improve shoreline appearance, (2) would cover no more than 1,500 square feet of the Bay's surface, and (3) would not exceed two stories in height, provided that the Executive Director, if the project constitutes a minor repair or improvement, or the Commission may allow greater coverage or height if it finds that exceptional circumstances such as (1) steepness of terrain, (2) shallowness of a lot as it existed on November 10, 1969, or (3) design of a project to preserve adjacent areas having high natural resource values justifies the greater coverage or height.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66605, Government Code; Sections 29008 and 29501(b), Public Resources Code; and San Francisco Bay Plan, Page 31.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§10703. Historic Ship.
Note     •     History

An “historic ship,” as used in Sections 10700 and 10701, means one of the following:
(a) a ship or boat, other than a replica, that:
(1) was designed and built to move in the water under its own power,
(2) is berthed to float at all stages of the tide,
(3) was originally built before 1932, and has no restorative or other modifications that substantially altered its historic character, and
(4) had a specific role as a prototype or participant in a significant event or events in the maritime history of San Francisco Bay; 

or
(b) a ship or boat, other than a replica, that:
(1) was designed and built to move in the water under its own power,
(2) is berthed to float at all stages of the tide,
(3) had a specific role as a prototype or a participant in a significant event or period of maritime history,
(4) is displayed for its historic significance with any fees for public admittance charged only at a level to maintain and enhance the historic qualities of the ship or exhibits of similar maritime historic significance, and
(5) includes no commercial activities on-board or nearby other than those that are minor in nature and designed to enhance a visitor's enjoyment of the historical significance of the ship.
NOTE

Authority cited: Section 66632(f), Government Code Reference: Sections 66605(a) and 66632, Government Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment of subsection (a) (3) filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
3. Amendment of subsection (a)(3) filed 7-13-2000; operative 8-12-2000 (Register 2000, No. 28).
§10704. Fill Necessary to the Welfare of the Public to Protect Historic Structures.
Note     •     History

The Commission may approve fill as necessary to the welfare of the public in the entire Bay Area to protect historic structures only if the Commission finds and declares that:
(a) the fill would be necessary to repair, maintain or rehabilitate a structure that has been listed on the National Register of Historic Places or as a California Registered Historical Landmark;
(b) the repair, maintenance or rehabilitation project would be limited to the site of the historic structures and would not result in a significant increase in Bay coverage;
(c) the fill is necessary because it is physically impracticable to repair, maintain or rehabilitate the structure without filling;
(d) the amount and type of fill is the minimum necessary and the least detrimental to accomplish the repair, maintenance or rehabilitation of the structure;
(e) the repair, maintenance or rehabilitation project, including all fill associated with the project, would not alter the structure's historic designation;
(f) the repair, maintenance or rehabilitation project, including all fill associated with the project, would not adversely affect the present or future use of the area for water-oriented priority land uses designated by the Commission pursuant to California Government Code Section 66611;
(g) maximum feasible public access would be provided as part of the repair, maintenance or rehabilitation project; and
(h) the repair, maintenance or rehabilitation project, including all fill associated with the project, would comply with the provisions of Cal. Government Code Section 66600 through Section 66661 et seq. and the San Francisco Bay Plan, except those policies limiting fill to water-oriented uses.
NOTE

Authority cited:  Section 66632(f), Government Code and Section 29201(e), Public Resources Code. Reference: Sections 66605(a) and 66632(f), Government Code and Section 29201(e), Public Resources Code.
HISTORY

1. New section filed 10-20-92; operative 11-19-92 (Register 92, No. 43).
§10705. Pre-existing Residential Structure.
Note     •     History

A “pre-existing residential structure” as used in Section 10700 means a residential structure on or partially on pilings or cantilevered over areas located within the Commission's “San Francisco Bay” jurisdiction that:
(a) either (1) has been in existence at its present location since September 17, 1965 or (2) has been authorized by a Commission permit; and
(b) is located on a privately-owned parcel that has not been subdivided after April 15, 1993; and
(c) either (1) has been occupied and used as a residence for at least three years during the five year period immediately prior to the filing of a permit application with the Commission for the repair, maintenance, rehabilitation or replacement of the structure, or (2) extenuating circumstances exist that prevent the requirements of subdivision (c)(1) above from being met, and other evidence exists that proves the structure is not abandoned.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code.  Reference: Sections 66605 and 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. New section filed 11-30-93; operative 12-30-93 (Register 93, No. 49).
2. Amendment of first paragraph, subsection (b) and Note filed 5-24-96; operative 6-23-96 (Register 96,  No. 21).
Article 2. Other Special Rules
§10710. Continuing Commission Jurisdiction.
Note     •     History

Areas once subject to Commission jurisdiction remain subject to that same jurisdiction even if filled or otherwise artificially altered whether pursuant to a Commission permit or not.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Section 66632(a), Government Code.
HISTORY

1. Renumbering and amendment of former Section 10710 to Section 10810, and new Section 10710 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 73, No. 16.
§10711. Cantilevering.
Note     •     History

“Any other substance or material” or “any substantial change in use of any water” includes portions of any structure or any work that extends over any area within the Commission's jurisdiction by cantilevering or other similar engineering techniques.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Section 66632(a), Government Code.
HISTORY

1. Renumbering and amendment of former Section 10711 to Section 10812, and new Section 10711 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 73, No. 16.
§10712. Terms and Conditions for Subdivisions.
Note     •     History

Subdivisions or other divisions of land requiring permits only because they constitute a substantial change in use as defined in Section 10125(b)(2) shall be subject to only those terms and conditions necessary to avoid potential adverse impacts on present or future public access or potential adverse impacts on the suitability of the site for a water-oriented priority land use designated pursuant to Government Code Section 66611, and such terms and conditions shall normally be limited to the following:
(a) realignment of the parcel to avoid the adverse impact;
(b) assuring notification to potential purchasers of the resulting parcels that future permits may be required from the Commission pursuant to Government Code Section 66632(a) and those permits may be subject to such terms and conditions as may be required to comply with the provisions of the McAteer-Petris Act and the San Francisco Bay Plan; and
(c) reservation of easements or similar devices to assure access by members of the public to and along the shoreline from the nearest public street.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 6632(f), Government Code; and Section 29506, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§10713. Compliance with Time Limits for Acting on Permit Applications When Commission Vote Requires Further Findings.
Note     •     History

When the Commission has voted on an application for a Commission permit in such a way that requires the Commission to adopt findings at a future Commission meeting pursuant to Section 10514(e), the Commission shall meet the requirements contained in the McAteer-Petris Act and the Permit Streamlining Act for voting within certain time limits so long as the vote on the application occurs before those time limits expire even if the Commission votes on findings to support its action after those time limits expire.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65950, 65952 and 66632, Government Code; and Section 29520(a), Public Resources Code.
HISTORY

1. New section filed 1-12-89; operative 10-12-89 (Register 89, No. 43).
§10713.5. In-Bay Dredged Material Disposal Sites.
Note     •     History

As used in the San Francisco Bay Plan and in these regulations, the designated in-Bay dredged material disposal sites are as follows. These designations do not preclude the need for a Commission permit to dispose of dredged material at the sites or substitute for the findings that may be required by the McAteer-Petris Act (Cal. Government Code Section 66600 et seq.) and the San Francisco Bay Plan.
(a) Alcatraz Disposal Site, consisting of a circular area of radius 1,000 feet with center located at latitude 37o 49' 17” N; longitude 122o 25' 23” W;
(b) San Pablo Bay Disposal Site, consisting of a rectangular area, 1,500 feet by 3,000 feet, with the long axis bearing 050 true, and center at latitude 38o 00' 28” N; longitude 122o 24' 55” W;
(c) Carquinez Strait Disposal Site, consisting of a rectangular area, 1,000 feet by 2,000 feet, long axis bearing 050 true, and center at latitude 38o 03' 50” N; longitude 122o 15' 55” W; and
(d) Suisun Bay Channel Disposal Site, consisting of a rectangular area, 500 feet by 11,200 feet situated parallel to the Suisun Bay Channel, and center at latitude 38o 03' 15” N; longitude 122o 05' 06” W.
(e) Middle Harbor at the Port of Oakland:
(1) For a project (“the project”) that satisfies the following criteria:
(A) the purpose of the project is to enhance in-Bay habitat for plants, fish and wildlife;
(B) the project includes a one-time placement of dredged material, in the amount of approximately 5.8 million cubic yards, taken from the Oakland Harbor Navigation Improvement (-50 Foot) Project to create shallow water habitat;
(C) the project would be undertaken as specified in a plan (“the Plan”) that is prepared by the U.S. Army Corps of Engineers and the Port of Oakland and approved by the Commission;
(D) the Plan specifies the following elements: (i) the restoration and enhancement performance criteria for the project including the creation of eelgrass and other shallow water habitat; (ii) the design required to restore or enhance-fish and wildlife habitat; (iii) the monitoring, adaptive management, and corrective actions that will be employed to ensure that the Plan's performance criteria are achieved; (iv) the periods of time needed to achieve the performance criteria, to monitor, and to employ adaptive management and corrective actions if needed; (v) the duties of the U. S. Army Corps of Engineers in implementing the Plan; (vi) the duties of the Port of Oakland once it takes over responsibility for the project from the U. S. Army Corps of Engineers; (vii) the management agency with wildlife management experience that will manage the Middle Harbor enhancement area once the project has been successfully completed; (viii) the management agency's duties as manager of the enhancement area; (ix) the method to determine the success or failure of the project through a performance criteria evaluation period; and (x) the process to determine the actions to be employed if the project fails to achieve the Plan's performance criteria within the specified time frames;
(E) the manner of implementing the Plan has been demonstrated to have a high likelihood of success in achieving the Plan's performance criteria within the specified time frames;
(F) the Port of Oakland makes a legally binding commitment to secure two permits from the Commission to fulfill its responsibilities as specified in the Plan: (i) at the time it assumes responsibility for the project from the U. S. Army Corps of Engineers at the commencement of the Plan's performance evaluation period; and (ii) at the conclusion of the Plan's performance evaluation period; 
(G) the Port of Oakland provides the necessary legal and financial instruments to support its responsibilities as specified in the Plan; and
(H) the Project sponsors make a legally binding commitment to take action, as required by the Plan, if the project fails to achieve the Plan's performance criteria within the specified time frames; and
(2) Consisting of an area within the Middle Harbor bounded by the shoreline, wharf faces, and Middle Harbor Shoreline Park improvements which lie northeasterly of the following two courses;
Beginning at a point on the Southern Pacific Mole with Latitude 37o47'59.864” N, Longitude 122o019'48.019” W (NAD83) having grid coordinates of “N”=2118915.608 and “E”=6032967.336; thence North 72o04'00” West 3435.03 feet to a point on the common boundary line between the city and county of San Francisco, Oakland and Alameda County, said point having coordinates of “N”=2119973.287 and “E”=6029699.201; thence North 05o15'46” East 349.79 feet to the southwesterly corner of the 7th Street Terminal face of wharf having coordinates of “N”=2120353.305 and “E”=6029875.128.
NOTE

Authority cited: Section 29201(e), Public Resources Code; and Section 66632(f), Government Code. Reference: Section 29201(e), Public Resources Code; Sections 66602, 66605, 66632(a), 66633, 66663.1 and 66663.2, Government Code; and the San Francisco Bay Plan.
HISTORY

1. New section filed 2-2-93; operative 3-4-93 (Register 93, No. 6).
2. Amendment of first paragraph, new subsections (e)-(e)(2), and amendment of Note filed 1-3-2001; operative 1-3-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 1). 
Article 3. Fees for Commission Documents
§10714. Who Receives What Commission Documents for Free and Who Pays for What Commission Documents.
Note     •     History

NOTE

Authority cited: Section 66632(f), Government Code; and section 29201(e), Public Resources Code. Reference: Sections 6257, 11125, 11125.1, 66632, 66637-66641.9 and 66652, Government Code; and Sections 29202, 29418, 29520 and 29601, Public Resources Code.
HISTORY

1. New article 3 (sections 10714-10716 filed 8-14-92; operative 9-14-92 (Register 92, No. 33).
2. Repealer filed 3-14-96; operative 4-13-96 (Register 96, No. 11).
§10715. Receipt of Commission Documents Pursuant To a Calendar Year Subscription.
Note     •     History

NOTE

Authority cited: Section 66632(f), Government Code; section 29201(e), Public Resources Code. Reference: Sections 6257, 11125, 11125.1, 66632, 66637-66641.9 and 66652, Government Code; and Sections 29202, 29418, 29520 and 29601, Public Resources Code.
HISTORY

1. New section filed 8-14-92; operative 9-14-92 (Register 92, No. 33).
2. Editorial correction of subsection (f) and Note (Register 95, No. 41).
3. Repealer filed 3-14-96; operative 4-13-96 (Register 96, No. 11).
§10716. Receipt of Specific Commission Documents After Payment of Specific Cost.
Note     •     History

NOTE

Authority cited: Section 66632(f), Government Code; section 29201(e), Public Resources Code. Reference: Sections 6257, 11125, 11125.1, 66632, 66637-66641.9 and 66652, Government Code; and Sections 29202, 29418, 29520 and 29601, Public Resources Code.
HISTORY

1. New section filed 8-14-92; operative 9-14-92 (Register 92, No. 33).
2. Editorial correction of Note (Register 95, No. 41).
3. Repealer filed 3-14-96; operative 4-13-96 (Register 96, No. 11).
Article 4. Dredging
§10720. Commission Procedure for Implementation of Individual In-Bay Dredged Material Allocations.
Note     •     History

(a) The Commission shall commence a formal rulemaking process pursuant to the Administrative Procedures Act to determine whether or not to implement an individual in-Bay dredged material allocation-program either (1) within 45 days of the Executive Director's determination at the triennial reviews starting in 2004 that the average annual volume of dredged material disposed of over the preceding three-year period at the Alcatraz Island, San Pablo Bay, Carquinez Strait, and Suisun Bay Channel in-Bay disposal sites designated by the Commission exceeds the target volume specified in Section 10721 or (2) within 45 days of receipt of a written request to make such a determination from the Long Term Management Strategy Management Committee.
(b) The Commission shall also hold a public hearing prior to voting on whether or not to implement an individual in-Bay dredged material allocation and shall otherwise follow the formal rulemaking process pursuant to the Administrative Procedures Act when it determines whether or not to implement such a program.
(c) If an analysis of the factors affecting the need for allocations, including (1) the status of alternatives to in-Bay disposal and cooperative efforts to implement them, (2) exigencies that hamper the use of alternative sites, and (3) other relevant factors and any needed environmental documentation has not been submitted by the LTMS Management Committee as part of the written request or if in-Bay disposal volumes exceed the target volumes, then such an analysis will be prepared by the Commission staff prior to the public hearing on the matter. 
(d) The Commission shall vote on whether or not to implement such a program within 60 days of the close of the public hearing. The Commission shall implement a program of individual in-Bay dredged material disposal allocations unless a majority of those Commissioners  present and voting vote not to implement the program.
(e) The program will commence no later than six months after the Commission vote if the Commission vote results in a determination to implement an allocation program, provided that the Commission must also complete the formal rulemaking process and any allocation adopted by the Commission must be approved by majority vote as a regulation pursuant to the Administrative Procedures Act before the allocation can go into effect.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan, Findings and Policies on Dredging, especially Finding s and Policy 1.
HISTORY

1. New article 4 (sections 10720-10729) and section filed 6-28-2001; operative 7-28-2001 (Register 2001, No. 26).
§10721. Target Volumes.
Note     •     History

(a) The target volume for the calendar years of 2001-2003 is an average of 3.05 million cubic yards per year.
(b) The target volume for the calendar years of 2004-2006 is an average of 2.66 million cubic yards per year.
(c) The target volume for the calendar years of 2007-2009 is an average of 2.28 million cubic yards per year.
(d) The target volume for the calendar years of 2010-2012 is an average of 1.89 million cubic yards per year.
(e) The target volume for the calendar years thereafter is an average of 1.50 million cubic yards per calendar year for each three-year period thereafter.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan, Findings and Policies on Dredging, especially Finding s and Policy 1.
HISTORY

1. New section filed 6-28-2001; operative 7-28-2001 (Register 2001, No. 26).
§10726. Small Dredger Exception.
Note     •     History

Small dredgers are exempt from the individual in-Bay dredged material disposal allocation process, but they must still fully comply with all other McAteer-Petris and San Francisco Bay Plan policies regarding dredging and the disposal of dredged material.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan, Findings and Policies on Dredging, especially Finding t and Policy 1.
HISTORY

1. New section filed 6-28-2001; operative 7-28-2001 (Register 2001, No. 26).
§10727. Small Dredgers.
Note     •     History

Small dredgers are defined to be project sponsors of dredging projects with a depth no deeper than -12 feet Mean Lower Low Water (not including over-depth dredging) and generating an average yearly volume of less than 50,000 cubic yards of material.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan, Findings and Policies on Dredging, especially Finding t and Policy 1.
HISTORY

1. New section filed 6-28-2001; operative 7-28-2001 (Register 2001, No. 26).
§10728. Termination of Individual Dredged Material Disposal Allocations.
Note     •     History

(a) Within 45 days of either (1) a written determination by the Executive Director that the average annual volume of dredged material disposed of over the preceding triennial review period at all in-Bay disposal sites designated by the Commission no longer exceeds the target volumes specified in Section 10721 or (2) the Long Term Management Strategy Management Committee recommends ending allocations, the Commission shall commence a formal rulemaking process pursuant to the Administrative Procedures Act to determine whether or not to end the imposition of individual dredged material disposal allocation. As part of that process, the Commission shall hold a public hearing.
(b) Within 60 days of the close of the public hearing, the Commission shall vote on whether or not to end the imposition of individual dredged material disposal allocations.
(c) The Commission shall end the imposition of individual dredged material disposal allocations unless the Commission determines by a majority of those Commission members present and voting not to end the imposition of individual dredged material disposal allocations.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan, Findings and Policies on Dredging, especially Finding s and Policy 1.
HISTORY

1. New section filed 6-28-2001; operative 7-28-2001 (Register 2001, No. 26).
§10729. Reimplementation of Individual Allocations for the In-Bay Disposal of Dredged Material.
Note     •     History

After terminating the imposition of individual dredged material disposal allocations, the Commission can reimpose individual dredged material disposal allocations only if the conditions specified in Section 10720 and 10721 exist and the Commission determines to impose the allocations pursuant to Section 10720, including the commencement and completion of a formal rulemaking process pursuant to the Administrative Procedures Act.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan, Findings and Policies on Dredging, especially Finding s and Policy 1.
HISTORY

1. New section filed 6-28-2001; operative 7-28-2001 (Register 2001, No. 26).
Chapter 8. Amendments to Permits
Article 1. Determination of Materiality or Nonmateriality of a Proposed Amendment
§10800. Determination of Materiality or Nonmateriality of a Proposed Permit Amendment.
Note     •     History

(a) The Executive Director shall decide whether a proposed amendment to a Commission permit is a material or a nonmaterial amendment.
(b) A nonmaterial amendment is an amendment that will not materially alter the project authorized by the Commission permit, such as but not limited to an amendment that qualifies under Sections 10601 or 10602 as a minor repair or improvement and that will not result in any reduction of public benefits.
(c) All other amendments are material.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Amendment of subsection (b) and Note filed 6-16-2008; operative 7-16-2008 (Register 2008, No. 25).
Article 2. Amendments to Administrative Permits
§10810. Applications for and Action on Nonmaterial Amendments to an Administrative Permit.
Note     •     History

(a) An application for a nonmaterial amendment to an administrative permit shall be made by letter. The application shall state the total cost of the project described in the amendment request, shall contain an adequate description of the proposed amendment, shall include appropriate maps and drawings, and shall include a check or money order in the amount shown in Appendix M.
(b) The Executive Director shall approve a nonmaterial amendment to an administrative permit only if he or she finds that the proposed amendment is nonmaterial and is consistent with either (1) California Government Code Sections 66600 through 66661, the San Francisco Bay Plan, California Public Resources Code Sections 21000 through 21177, and the Commission's Regulations if the Commission has jurisdiction under California Government Code Sections 66610 and 66632, (2) California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, California Public Resources Code Sections 21000 through 21177, and the Commission's regulations if the Commission has jurisdiction under California Public Resources Code Section 29101, 29500, and 29501 and the Commission has not certified a Suisun Marsh Local Protection Program or, (3) either California Public Resources Code Sections 29000 through 29612 and the Suisun Marsh Protection Plan, or the certified Suisun Marsh Local Protection Program, in addition to California Public Resources Code Sections 21000 through 21177 and the Commission's regulations if the Commission has jurisdiction under Public Resources Code Section 29101, 298500, and 29501 and if the Commission has certified a Suisun Marsh Local Protection Program.
(c) When the Executive Director approves a nonmaterial amendment to an existing administrative permit, he or she shall not impose any new permit condition or modify any existing permit condition except when the new or modified condition either (1) relates solely to the non-material amendment, (2) is required by changes in the law or in regulations, or (3) is needed to make existing conditions consistent with the proposed amendment.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10810(a)-(c) to Section 11000, renumbering and amendment of former Section 10810(d) to Section 11001, and renumbering and amendment of Section 10710 to Section 10810 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 73, No. 16.
2. New subsection (c) filed 6-26-97; operative 7-26-97 (Register 97, No. 26).
3. Amendment of subsection (a) filed 9-11-2008; operative 10-11-2008 (Register 2008, No. 37).
§10811. Applications for Material Amendments to an Administrative Permit.
Note     •     History

(a) If the project described in an application for a material amendment to an administrative permit would constitute a minor repair or improvement, the application shall be made in the same form as an application for an administrative permit as required by Section 10610.
(b) If the project described in an application for a material amendment to an administrative permit would not constitute a minor repair or improvement, the application shall be made in the same form as an application for a major permit as required by Section 10310.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10811 to Section 11002, and new Section 10811 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10812. Criteria and Procedures for Processing a Material Amendment to an Administrative Permit.
Note     •     History

The Executive Director shall process a properly filed application for an amendment to an administrative permit based on the same criteria and subject to the same procedures as these regulations require for the processing of an administrative permit if the project as proposed in the amendment qualifies for treatment as an administrative permit. However, if the project as proposed in the amendment does not qualify for treatment as an administrative permit, the Executive Director and the Commission shall process the application as being for a major permit.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10812 to Section 11003, and renumbering and amendment of Section 10711 to Section 10812 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 73, No. 16.
Article 3. Amendments to Major Permits
§10820. Applications for Nonmaterial Amendments to Major Permits.
Note     •     History

(a) An application for a nonmaterial amendment to a major permit shall be made by letter. The application shall state the total cost of the project described in the amendment request, shall contain an adequate description of the proposed amendment, shall include appropriate maps and drawings, and shall include a check or money order in the amount shown in Appendix M.
(b) When the Executive Director approves a nonmaterial amendment to an existing major permit, he or she shall not impose any new permit condition or modify any existing permit condition except when the new or modified condition either (1) relates solely to the non-material amendment, (2) is required by changes in the law or in regulations, or (3) is needed to make existing conditions consistent with the proposed amendment.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10820 to Section 11100, and renumbering and amendment of Section 10720 to Section 10820 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 73, No. 16.
2. Amendment designating first paragraph as subsection (a) and adding new subsection (b) filed 6-26-97; operative 7-26-97 (Register 97, No. 26).
3. Amendment of subsection (a) filed 9-11-2008; operative 10-11-2008 (Register 2008, No. 37).
§10821. Procedure Depending on Whether an Amendment Is Material or Nonmaterial.
Note     •     History

(a) The Executive Director shall deny an application for a nonmaterial amendment to a major permit if he or she believes the proposed amendment would constitute a material alteration of the project and shall notify the applicant in writing of his or her reasons for that belief.
(b) If the Executive Director denies an application for a nonmaterial amendment to a major permit because he or she believes it would result in a material alteration of the project, the applicant may appeal that determination by filing an application for a material amendment and note the fact of and the reason for the appeal.
(c) If the applicant appeals the determination of the Executive Director to the full Commission by filing an application for a material amendment, the Commission shall, prior to holding a public hearing on the application, determine by a majority vote of those present and voting whether or not the proposed change will result in a material alteration of the project.
(d) If the Commission determines that a proposed amendment will not result in a material alteration of the project, the Executive Director shall process the request as being for a nonmaterial amendment.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10821 to Section 11101, and renumbering and amendment of Section 10723 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 73, No. 16.
§10822. Criteria and Procedures for Processing Nonmaterial Amendments to Major Permits.
Note     •     History

The Executive Director shall approve a nonmaterial amendment to a major permit only if he or she finds that the amendment is consistent with California Government Code Sections 66600 through 66661 and the San Francisco Bay Plan if the Commission has jurisdiction under California Government Code Sections 66610 and 66632, with California Public Resources Code Sections 29000 through 29612 and the Suisun Marsh Protection Plan or the certified Suisun Marsh local protection program if the Commission has jurisdiction under California Public Resources Code Sections 29101, 29114, 29500, 29501, and 29505, with California Public Resources Code Sections 21000 through 21177, and with these regulations and will not result in a material alteration of the project.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10822 to Section 11102, and renumbering and amendment of Section 10722 to Section 10822 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 79, No. 29 and 73, No. 16.
§10823. Notice of Decision to Deny Nonmaterial Amendment.
Note     •     History

If the Executive Director denies an application for nonmaterial amendment, he or she shall mail written notice of the denial and the reasons for it to the applicant within ten (10) days of the decision.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10823 to Section 11103, and renumbering and amendment of Section 10724 to Section 10823 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 79, No. 29 and 73, No. 16.
§10824. Applications for and Processing of Material Amendments to Major Permits.
Note     •     History

An application for and the processing of a material amendment to a major permit shall be subject to the same requirements and procedures as an application for a major permit.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Government Code.
HISTORY

1. Repealer of former Section 10824, and renumbering and amendment of Section 10721 to Section 10824 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 79, No. 29 and 73, No. 16.
Chapter 9. Expansion of Existing Uses and Claims of Exemption
Article 1. Resolutions on Expansion of Existing Uses

(Government Code Section 66654)
§10900. Filing Deadline.
Note     •     History

Any owner of property that is located within the shoreline band, a salt pond, or a managed wetland and that was devoted to a certain use or combination of uses on November 10, 1969 and who wants to file an application to expand those uses pursuant to Government Code Section 66654 shall file the application on or before November 10, 1971.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Section 66654, Government Code.
HISTORY

1. Renumbering and amendment of Section 10830 to Section 10900 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
Article 2. Claims of Exemption
§10910. Claim Form.
Note     •     History

All claims of exemption made pursuant to Government Code Section 66656 or pursuant to Public Resources Code Section 29507 shall be made on a claim form included in these regulations as Appendix J and Appendix K, respectively.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10910 to Section 11501, and renumbering and amendment of Section 10840 to Section 10910 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10911. Filing Deadline.
Note     •     History

(a) Claims of exemption pursuant to Government Code Section 66656 shall be filed on or before April 1, 1974.
(b) Claims of exemption pursuant to Public Resources Code Section 29507 shall be filed on or before January 1, 1979.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10841 to Section 10911 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10912. Number of Copies of Form--Distribution.
Note     •     History

Any person who submits a claim of exemption shall furnish at or before filing a signed original with all exhibits and four copies of the original and exhibits. The Executive Director shall distribute one copy to each of the following agencies:
(a) U.S. Army Corps of Engineers (San Francisco or Sacramento District);
(b) State Lands Commission;
(c) Deputy Attorney General assigned to the Commission; and
(d) the city, county, or city and county within which the property for which the claim is sought lies.
NOTE

Authority cited: Section 66632(f),Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10842 to Section 10912 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10913. Exhibits Illustrating Claim.
Note     •     History

(a) The claimant shall furnish to the Commission at or before the time of filing drawings, maps, photographs, or other exhibits that the staff shall distribute with a staff summary that the staff shall prepare and which shall:
(1) illustrate precisely what is claimed as exempt; and
(2) indicate the relationship of the project claimed as exempt to nearby roads, to the shoreline as it presently exists and as it existed on September 17, 1965 if the claim is under Government Code Section 66656, to the boundaries of the Suisun Marsh if the claim is made under Public Resources Code Section 29507, to existing topographical features, and to any other significant natural or man-made features in the vicinity of the project.
(b) A claimant may either:
(1) provide a master copy of each exhibit, 8-1/2 by 11 inches in size, for reproduction by the Commission; or
(2) Two hundred (200) copies of each exhibit of a larger size if the claimant believes that the larger size would be more suitable to describe his or her claim.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10843 to Section 10913 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment of subsection (a)(2) filed 5-24-96; operative 6-23-96 (Register 96, No. 21).
§10914. Other Substantiating Evidence.
Note     •     History

At or before the time of filing, the claimant shall also furnish to the Commission the following:
(a) a legal description and a map showing property lines of all the property involved in the claim;
(b) a document evidencing the claimant's legal interest in the property involved in the claim;
(c) a copy of each permit, approval, disapproval, letter of permission, or other action taken by each governmental agency having jurisdiction over the project claimed to be exempt and from which approval of the project was or is required, and if a governmental agency having jurisdiction over the project took no action, a letter from that agency stating why it took no action;
(d) a map showing the physical relationship of the property and any area filled or to be filled to nearby confirmed survey lines, points, elevations, or other references, such as bench marks, triangulation points, U.S. pierhead and bulkhead lines, etc.;
(e) the earliest dated drawing depicting the project; and
(f) if the claim is being made under Government Code Section 66656, photographic or written evidence that shows that filling and/or diking had begun prior to September 17, 1965 and that indicates the amount of any fill that had been placed and the extent of any dikes that had been constructed, or if the claim is being made under Public Resources Code Section 29507, photographic or written evidence that substantial work had occurred and that substantial liabilities have been incurred in reliance on local permits prior to January 1, 1978.
NOTE

Authority cited: Sections 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10844 to Section 10914 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10915. When a Claim of Exemption Is Filed.
Note     •     History

A claim shall be filed when the following has occurred:
(a) the Executive Director has determined that the completed claim form, supporting documentation, and exhibits comply with these regulations; and
(b) the claim form, supporting documentation, and exhibits have been stamped “Filed BCDC” with the date of filing.
NOTE

Authority cited: Sections 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10845 to Section 10915 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§10916. Procedures.
Note     •     History

(a) The provisions of Sections 10351-353, 10380-381, 10400-402, 10410-412, 10420-422, 10430-431, 10500-502, 10504-505, and 10510-514, relating to notice of hearing, hearing procedures, voting, and other similar matters, shall apply to claims of exemption except where those provisions are inconsistent with express provisions of this Article.
(b) For the purposes of this Article, the words “claim” and “claimant” shall be substituted for the words “application” and “applicant,” respectively, as they are used in the regulations to which paragraph (a) refers.
NOTE

Authority cited: Sections 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10846 to Section 10916 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No.29.
§10917. Commission Determination and Findings.
Note     •     History

(a) After hearing the staff recommendation and any subsequent discussion, the Chair shall entertain a motion to act on the claim.
(b) In any determination the Commission makes concerning a claim of exemption, it shall adopt a statement of findings and declarations to support the action it takes.
(c) If the Commission action adopts the Executive Director's recommendation, its findings and declarations shall be those contained in the Executive Director's recommendation. If the Commission action differs from the Executive Director's recommendation, those Commissioners who voted consistent with the Commission determination shall by majority vote adopt the necessary findings and declarations.
NOTE

Authority cited: Sections 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code; Sierra Club v. City of Hayward (1981) 28 Cal.3d 840, 858-60; and Topanga Association for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 513-17.
HISTORY

1. Renumbering and amendment of Section 10847 to Section 10917 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§10918. Effect of Grant of Exemption.
Note     •     History

A Commission determination that approves all or part of a claim of exemption shall constitute an acknowledgment that all or part of the project is exempt from the permit requirements of Government Code Section 66632 or of Public Resources Code Sections 29500 through 29524, as applicable, provided that no substantial change may be made in any such project without a permit from the Commission and provided that the claim shall not cover any subsequent maintenance work on the project.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10848 to Section 10918 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§10919. Effect of Denial of Exemption.
Note     •     History

A Commission determination that denies all or part of a claim of exemption shall constitute an authorization to the Executive Director to take any appropriate action to secure compliance with Government Code Section 66632 or with Public Resources Code Sections 29500 through 29504, as applicable.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10849 to Section 10919 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§10920. Effect of Transfer of Property on Claim of Exemption.
Note     •     History

An exemption that the Commission grants shall be transferable and shall remain in full effect after any conveyance of the property that is the subject of the exemption. 
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; Section 29507, Public Resources Code; and People ex rel. San Francisco Bay Conservation and Development Commission v. Town of Emeryville (1968) 69 Cal.2d 533, 548.
HISTORY

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
2. Amendment of section and Note filed 2-26-98; operative 3-28-98 (Register 98, No. 9).
§10921. Abandonment of an Exemption.
Note     •     History

Failure to put any land, water, or structure to the use for which the Commission issued a claim of exemption for a period of two (2) years shall create a presumption that the structure or the use of the land, water, or structure has been abandoned, so that the exemption no longer applies to the abandoned structure or use, provided that the Commission may determine an exemption has not been abandoned despite the non-use of any land, water, or structure for a period of two (2) years if it resolves that it was physically or legally impossible to make such use of the land, water, or structure within the two (2) year period or that the holder of the exemption had made reasonable and good-faith efforts to put the land, water, or structure to such exempted use during the period of non-use.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29507, Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; Section 29507, Public Resources Code; Avco Community Developers, Inc. v. South Coast Regional Commission (1976) 17 Cal.3d 785, 798; Hill v. City of Manhattan Beach (1971) 6 Cal.3d 279, 286; and Gerhard v. Stephens (1968) 68 Cal.2d 864.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Chapter 10. Amendments to the San Francisco Bay Plan or the Suisun Marsh Protection Plan and Other Planning Matters
Article 1. Plan Amendments
§11000. Information Required to Consider Plan Amendment.
Note     •     History

If anyone other than the Commission or the Executive Director proposes an amendment or other change either to the San Francisco Bay Plan, to a Commission special area plan or total design plan, to the San Francisco Bay Area Seaport Plan, to the Suisun Marsh Protection Plan of 1977, or to any other plan administered by the Commission, the Commission shall consider the proposal only after the agency, organization, or individual who proposes the amendment or change has submitted a completed and executed copy of the application form that these regulations contain as Appendix G and, in addition, has met the requirements of section 11008.
NOTE

Authority cited: Sections 66632(f) and 66651, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code.
HISTORY

1. Amendment of article heading and renumbering and amendment of former section 11000 to sections 11001 and 11002 and new section 11000 filed 9-5-91; operative 10-7-91 (Register 92, No. 3).
2. Amendment filed 12-1-92; operative 12-31-92 (Register 92, No. 49).
3. Editorial correction of printing error deleting obsolete article heading and amending History 1 (Register 94, No. 22).
§11001. Preparation, Contents and Circulation of Draft Adequate Descriptive Notice.
Note     •     History

(a) If the Commission or the Executive Director proposes an amendment or other change either to the San Francisco Bay Plan, to a Commission Special area plan or total design plan, to the San Francisco Bay Area Seaport Plan, or to the Suisun Marsh Protection Plan or if anyone else proposes such an amendment by submitting a fully completed application form as required by section 11000, the Executive Director shall prepare a draft descriptive notice.
(b) The draft descriptive notice shall indicate the scope of the proposed amendment and shall recommend a date for public hearing.
(c) At least 10 days prior to the meeting at which the Commission will determine whether or not to proceed with a proposed amendment or other change to the San Francisco Bay Plan, to a Commission special area plan or total design plan, to the San Francisco Bay Area Seaport Plan, or to the Suisun Marsh Protection Plan, or any other plan administered by the Commission, the Executive Director shall mail to all Commission members a copy of the draft descriptive notice and any other materials that the Executive Director believes that the Commission will need to understand fully the proposed amendment.
NOTE

Authority cited: Sections 66632(f) and 66651, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code.
HISTORY

1. Renumbering and amendment of section 10810(a)-(c) to section 11000 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Renumbering of former section 11001 to section 11004 and renumbering and amendment of former section 11000(a)-(c) to section 11001 filed 9-5-91; operative 10-7-91 (Register 92, No. 3).
3. Editorial correction of subsection (c) (Register 95, No. 41).
4. Editorial correction of subsection (a) (Register 2002, No. 24).
§11002. Commission Determination to Initiate Amendment Process; Adoption and Mailing of Descriptive Notice.
Note     •     History

(a) When the Commission receives the draft descriptive notice, it may invite written comment or hold a public hearing and shall thereafter determine by a majority vote of those present and voting whether it wants to initiate the amendment process.
(b) If the Commission determines to initiate the amendment process, the Commission shall make any changes in the notice that it deems appropriate and shall also see the date for the public hearing on the proposed amendment.
(c) The descriptive notice as adopted by the Commission after having made any appropriate changes shall be the “adequate descriptive notice” that Government Code Section 66652 requires.
(d) At least 30 days prior to the date of the public hearing on the proposed amendment,  the Executive Director shall mail by first class mail a copy of any descriptive notice that the Commission has approved to all Commissioners and Alternates, to each of the six (6) governmental agencies listed in Section 10360, to all interested agencies, organizations, and individuals, to all agencies that have jurisdiction by law with respect to any proposed activity that is listed in the notice, and to any other person, agency, or organization who requests such notice in writing.
NOTE

Authority cited: Sections 66632(f) and 66651, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Sections 21080.5(d)(2)(C) and 29202, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 11002 to section 11003 and renumbering and amendment of former section 11000(d)-(f) to section 11002 filed 9-5-91; operative 10-7-91 (Register 92, No. 3).
2. Amendment of subsection (d) and Note filed 2-16-2007; operative 3-18-2007 (Register 2007, No. 7).
§11003. Staff Planning Report.
Note     •     History

(a) Not less than thirty (30) days prior to the initial public hearing on the proposed amendment, the Executive Director shall distribute a staff planning report on the proposed amendment to all persons, agencies, and organizations who received a descriptive notice of the proposed amendment and to anyone else who requests such in writing.
(b) The staff planning report shall contain:
(1) the background of the proposed amendment, the name of the agency, organization, or individual who proposed the amendment, and the reason for the proposal;
(2) a description of the proposed amendment that shall include the specific language, map designation, or other change proposed, and, for any change in any plan map, graphic exhibits that indicate the precise location and nature of the proposed change;
(3) a statement describing the effect the proposed change would have on any existing finding, policy, or map designation contained in the San Francisco Bay Plan, a Commission special area plan, the San Francisco Bay Area Seaport Plan, the Suisun Marsh Protection Plan, or any other plan administered by the Commission;
(4) a statement describing the consistency of the proposed change with the findings and declarations of policy in the McAteer-Petris Act (California Government Code Sections 66600 through 66694) if an amendment to the San Francisco Bay Plan is proposed;
(5) a statement describing the consistency of the proposed change with the findings and declarations of policy contained in the Suisun Marsh Preservation Act of 1977 (California Public Resources Code Sections 29000 through 29612) if an amendment to the Suisun Marsh Protection Plan is proposed;
(6) an environmental assessment, which shall either (i) state that the proposed amendment will have no significant adverse environmental impacts or (ii) shall describe any possible significant adverse effects that the proposed amendment would have on the environment and shall describe any public benefits of the proposed amendment, any feasible mitigation measures that would lessen the significant adverse environmental impact(s) and shall evaluate any feasible alternatives to the change;
(7) a summary of written comments received following distribution of the descriptive notice but at least 10 days prior to the mailing of the staff planning report and responses to those comments;
(8) a summary of and responses to all significant environmental points raised up to the time the staff planning report is mailed;
(9) if the proposed amendment involves a change in a water-oriented priority land use boundary description, a draft revision of such boundary description; and
(10) a preliminary staff recommendation on the proposed amendment.
NOTE

Authority cited: Sections 66632(f), 66651 and 66652, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Sections 21080.5(d)(2)(D) and 29202, Public Resources Code.
HISTORY

1. Renumbering and amendment of section 10811 to section 11002 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Renumbering and amendment of former section 11002 to section 11003 and renumbering of former section 11003 to section 11005 filed 9-5-91; operative 10-7-91 (Register 92, No. 3).
3. Amendment of subsections (a)(3), (a)(4) and (a)(6), new subsection (a)(8), subsection renumbering, amendment of newly designated subsection (a)(9) and amendment of Note filed 2-16-2007; operative 3-18-2007 (Register 2007, No. 7).
§11004. Public Hearing(s).
Note     •     History

(a) The Commission shall hold the initial public hearing not less than thirty (30) days following the mailing of the descriptive notice that the Commission adopted.
(b) The Executive Director may delay the date or time and change the place of the public hearing on a proposed plan amendment without the Commission having to amend the descriptive notice by giving notice of the delay or change in the regular meeting notice for the meeting at which the public hearing was scheduled before the change. The staff shall mail such notice of delay or change to all persons and entities to which the staff mailed a descriptive notice.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10810(d) to Section 11001 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Renumbering of former section 11001 to section 11004 and renumbering of former section 11004 to section 11006 filed 9-5-91; operative 10-7-91 (Register 92, No. 3).
§11005. Staff Planning Recommendation.
Note     •     History

(a) Following the final public hearing on the proposed amendment, the staff shall prepare a staff planning recommendation on the proposed amendment.
(b) The staff planning recommendation shall contain:
(1) a summary of comments and responses to all comments on the proposed amendment received either in writing prior to the close of the public comment period or at the public hearing which the staff planning report did not already summarize and respond to;
(2) a summary of and responses to all significant environmental points raised but not summarized and reponded to in the staff planning report;
(3) any revisions to the Executive Director's initial assessment and analysis of the environmental effects of the proposed amendment;
(4) a final recommendation for Commission action on the proposed amendment, which may include approval, modifications, or disapproval of the proposed amendment;
(5) if the proposed amendment involves a change in a water-oriented priority land use boundary description, a recommendation for the precise wording of such change; and
(6) if the Executive Director recommends approval of the amendment in original or modified form, a draft resolution of adoption that conforms to the provisions of Section 11004.
(c) The staff shall mail by first class a copy of the staff planning recommendation to all agencies, organizations, and individuals who received a staff planning report and to anyone else who requests in writing to receive a copy of the recommendation. Such mailing shall take place not less than six (6) days prior to the date of the scheduled Commission action on the proposed amendment.
(d) If the staff recommends an amendment that is substantially different from the amendment proposed in the staff planning report, the Executive Director shall prepare and distribute a new staff planning report in conformity to Section 11003 and the Commission shall hold another public hearing no earlier than thirty (30) days after the distribution of the new staff planning report. The Commission shall wait to consider or vote on the Executive Director's recommendation at least fourteen (14) days following the holding of the additional public hearing.
(e) If the Commission does not determine that the staff is recommending an amendment that is substantially different from the amendment proposed in the staff planning report, the amendment being recommended shall be conclusively presumed not to be substantially different.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Sections 21080.5(d)(2)(D) and 29202, Public Resources Code.
HISTORY

1. Renumbering and amendment of section 10812 to section 11003 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Renumbering of former section 11003 to section 11005 and renumbering of former section 11005 to section 11007 filed 9-5-91; operative 10-7-91 (Register 92, No. 3).
3. New subsection (b)(2), subsection renumbering, amendment of subsections (d) and (e) and amendment of Note filed 2-16-2007; operative 3-18-2007 (Register 2007, No. 7).
§11006. Contents of a Resolution of Approval.
Note     •     History

A resolution of approval of a proposed amendment to the San Francisco Bay Plan, a special area plan, or the Suisun Marsh Protection Plan either in original or modified form shall contain the following elements:
(a) if the resolution concerns a proposed amendment to the Bay Plan or a special area plan, a statement that the amendment conforms to all relevant policies of California Government Code Sections 66600 through 66661;
(b) if the resolution concerns a proposed amendment to the Suisun Marsh Protection Plan, a statement that the amendment conforms to all relevant policies of California Public Resources Code Sections 29000 through 29612;
(c) a statement that the amendment either will have no significant adverse impacts on the environment or that the amendment incorporates feasible alternatives or feasible mitigation measures, if any exist, that will substantially lessen the significant adverse impacts;
(d) the text and all necessary drawings, maps, exhibits, etc., of the amendment; and
(e) specific findings of fact that will support the legal conclusions contained in paragraphs (a) and (b) of this section.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Renumbering of former section 11004 to section 11006, filed 9-5-91; operative 10-7-91 (Register 92, No. 3).
§11007. Notice of Adopted Amendments.
Note     •     History

(a) The Executive Director shall file a notice of the adoption of a plan amendment with the Secretary of the Resources Agency for posting and inspection as provided in Public Resources Code Section 21080.5(d)(2)(v).
(b) The Executive Director shall also make every reasonable effort to assure that all interested persons receive notice of the adopted amendment.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632 and 66652, Government Code; and Sections 21080(d)(2)(v) and 29202, Public Resources Code.
HISTORY

1. Renumbering and amendment of section 10814 to section 11005 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Renumbering of former section 11005 to section 11007 filed 9-5-91; operative 10-7-91 (Register 92, No. 3).

Appendix G

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HISTORY

1. New Appendix G filed 9-5-91; operative 10-7-91 (Register 92, No. 3).
2. Editorial correction of “Environmental Determination” in Appendix G (Register 95, No. 41).
§11008. Payment of Costs of Processing of an Amendment to a Commission Planning Document.
Note     •     History

(a) Whenever a person, agency, or organization other than the Commission or the Executive Director proposes that the Commission amend any of its planning documents other than deleting a park priority use designation from private property based on an alleged lack of substantial probability that a public entity will be committed to the acquisition of the property within three years beginning on January 1 of the year following the Commission's consideration of the proposed amendment, that person, agency, or organization shall be responsible for paying the Commission's full costs of processing and acting on the application as determined pursuant to this section, provided that the total amount of payments required shall not exceed one hundred and twenty percent (120%) of the estimated total cost as determined by the Commission staff.
(b) At the time of submitting the application required by section 11000, any person, agency, or organization required by section 11008(a) to pay for the cost of amending the Commission planning document shall submit to the Commission a cashier's check in the amount of $5,000 payable to the Commission and shall execute an agreement that obligates the person, agency, or organization to pay all such Commission costs of processing and acting on the application as determined pursuant to this section.
(c) The agreement required by Section 11008(b) shall include in it an estimate of the total cost of the Commission's processing and acting on the application, including the direct costs of all Commission staff time, a reasonable figure for staff overhead, and all consultant costs. The amendment applicant shall not be responsible, and the agreement shall so state explicitly, for the payment of any charges in excess of one hundred and twenty percent (120%) of the estimated cost contained in the agreement.
(d) Before the Commission determines to commence processing the amendment request by adopting and issuing the descriptive notice, the Commission may at the request of the amendment applicant modify downward the estimated total cost of the Commission's processing and acting on the amendment application. If the Commission modifies the estimated cost downward, the agreement between the Commission and the amendment applicant shall be modified to reflect the modified estimated cost.
(e) After the Commission commences processing an application to amend a Commission planning document, the Commission shall submit on a quarterly basis to the amendment applicant a bill for the actual costs incurred, including overhead, by the Commission, the Commission's staff, and the Commission's consultants during the preceding quarter.
(f) The applicant for the plan amendment shall pay the bill received pursuant to section 11008(e) within 30 days of receipt of the bill. Failure to make full payment on any such bill within 30 days of its receipt shall allow the Commission and the staff to discontinue work on the application until such complete payment has been made.
(g) After either (1) the Commission and its staff completes all work, including voting, on a pending plan amendment application, (2) the applicant formally withdraws the pending application, or (3) the applicant abandons the application, the Commission shall apply the $5,000 deposit to the remaining unpaid costs for processing the application. If any of the $5,000 remains after paying all of the unpaid costs of processing the application, the Commission shall refund the remaining funds to the applicant. If the unpaid costs of processing the application exceed $5,000, the Commission shall within 30 days bill the applicant for all of those costs that exceed the $5,000 deposit.
(h) If the Commission abandons its consideration of an application to amend a Commission planning document pursuant to section 11008(i) or otherwise fails to act on the application, the person, agency, or organization who submitted the amendment application shall remain responsible for paying all of the costs, including overhead, of processing and acting on the application that the Commission incurred prior to the abandonment or failure to act.
(i) Abandonment of a plan amendment application shall occur only when the Executive Director or Commission concludes that no reasonable probability exists that the amendment applicant intends to pursue the application based on all of the circumstances that surround the pending plan amendment application.
(j) Nonpayment of an overdue bill for prior costs associated with a plan amendment application for a period of three months shall constitute evidence that a plan amendment applicant has abandoned the application unless the applicant submits written evidence to the contrary and the Executive Director concludes that the applicant does not intend to abandon the application and that reasonable grounds exist to explain the nonpayment.
(k) A plan amendment applicant may at any time appeal from the amount of funds stated as due in a bill from the Commission staff by submitting in writing within 10 days of receipt of the bill a statement of precisely what the applicant believes is incorrect about the bill, what the amendment applicant believes the correct bill should be, and all documentation that the amendment applicant wants to submit to support his or her contention(s).  Thereafter, the Executive Director shall determine within 10 days of receipt of the written appeal whether to grant or to deny the appeal in whole or in part. If the amendment applicant is still not satisfied with the proposed bill after the Executive Director has ruled on the appeal, the applicant may meet with the Chairman to try to resolve the dispute and ultimately present his or her claim to the Commission. The Commission shall be the final arbiter of the fee that the amendment applicant must pay.
NOTE

Authority cited: Section 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Sections 29202 and 29418, Public Resources Code.
HISTORY

1. New section filed 12-1-92; operative 12-31-92 (Register 92, No. 49). 
Article 2. Other Planning Matters
§11020. Other Planning Matters.
Note     •     History

To the extent that other planning matters, pursuant to Government Code Section 66630 and Government Code 66658 require environmental documentation pursuant to the California Environmental Quality Act, the procedures outlined in this chapter for plan amendments, including the preparation of a staff planning report, the holding of a public hearing, and the preparation and vote on a staff planning recommendation, shall be followed with the following exceptions:
(a) the staff planning report and the staff planning recommendation may be combined into one document, entitled “Joint Staff Report and Recommendation”; and
(b) if the staff prepares a joint report and recommendation, the staff shall mail the document at least thirty (30) days prior to the public hearing.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66630 and 66658, Government Code; and Section 29201(f), Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11020 to Section 11320, and new Section 11020 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 73, No. 50.
§11021. Power Plant Siting.
Note     •     History

The Commission has designated the following areas within its jurisdiction where the siting of thermal power plants that would generate 50 or more megawatts of power, and some or all ancillary facilities, would be precluded or limited. 
(a) Full Designation: the following areas are fully designated as non-siting areas where neither power plants nor ancillary facilities may be constructed, except for ancillary facilities that the Commission determines would have no substantial adverse environmental effects and would not conflict with priority use areas identified in the San Francisco Bay Plan. 
(1) Existing and proposed public parks; 
(2) Existing and proposed public and private wildlife refuges; 
(3) Existing and proposed Bay habitat restoration sites; 
(4) Wildlife Priority Use Areas; 
(5) Waterfront Park or Beach Priority Use Areas, including marinas, fishing piers and boat launching ramps; 
(6) Suisun Marsh Primary Management Area; 
(7) Tidal marshes, tidal flats and managed wetlands; 
(8) Riparian vegetation; 
(9) Habitat of species that are listed by a fish and wildlife management agency as threatened or endangered; and 
(10) Marine mammal haul-out and pupping sites. 
(b) Partial Designation: the following categories are partially designated as non-siting areas where the siting of power plants and ancillary facilities is limited, precluded or conditioned. 
(1) Category A 
(A) Category A includes the following areas designated by the San Francisco Bay Plan. 
(i) Water-related industry priority use areas; 
(ii) Port priority use areas; and 
(iii) Airport priority use areas. 
(B) A power plant and any ancillary facility may be located within a Category A area when the project would not preclude or adversely affect the existing or future use of the priority use area for its primary purpose. 
(2) Category B 
(A) Category B includes the following areas: 
(i) The Commission's Bay and certain waterway jurisdiction other than the areas identified in subsections (a) and (b)(3); 
(ii) The Suisun Marsh Secondary Management Area; 
(iii) Salt ponds; and 
(iv) Existing and proposed public access areas, including the San Francisco Bay Trail, when alternative access is provided during construction and the original access is restored thereafter. 
(B) The following ancillary facilities may be located within Category B areas. Other ancillary facilities may be located within Category B areas when the Commission determines they would have no substantial adverse environmental effects and would not conflict with priority use areas identified in the San Francisco Bay Plan. Power plants may not be constructed within these areas. 
(i) Underground or underwater electric transmission lines; 
(ii) Intake or discharge lines and structures for cooling systems; 
(iii) Underground or underwater fuel pipelines; and 
(iv) Underground or underwater steam pipelines. 
(3) Category C 
(A) Category C includes the following areas identified by the McAteer-Petris Act, the San Francisco Bay Plan and the Suisun Marsh Protection Plan and not otherwise designated in subsections (a) and (b)(2). 
(i) Subtidal areas; 
(ii) Migratory fish routes; 
(iii) Spawning areas; and 
(iv) Nursery sites for juvenile fish and other aquatic organisms. 
(B) The following ancillary facilities may be located within Category C areas when the project would not adversely affect migratory fish, their migration routes, and their spawning and nursery sites. Other ancillary facilities may be located within Category B areas when the Commission determines that the facilities would not adversely affect migratory fish, their migration routes and their spawning and nursery sites, would have no other substantial adverse environmental effects, and would not conflict with priority use areas identified in the San Francisco Bay Plan. Power plants may not be constructed within these areas. 
(i) Overhead electric transmission lines; 
(ii) Intake or discharge lines for cooling systems that pass completely through the area; 
(iii) Underground or underwater fuel pipelines; and 
(iv) Underground or underwater steam pipelines. 
(c) Definitions. For the purposes of this section, the following definitions apply: 
(1) “Proposed parks,” “proposed wildlife refuges,” “proposed Bay habitat restoration sites” and “proposed public access areas” mean parks, wildlife refuges, restoration sites and public access areas for which funding has been acquired. 
(2) “Ancillary facility” means a facility that will be required in order to generate and transmit power from a power plant. Such facilities include transmission lines, intake and discharge lines and structures, and fuel and steam pipelines. 
(d) Despite the provisions of subsections (a) and (b), the Commission may advise the California Energy Commission that it does not object to a proposed project when either: 
(1) Due to the designations in this section there is a lack of areas available for the siting of a power plant in which case the Commission shall apply the following order of priorities for identifying the most appropriate sites: 
(A) The project would expand facilities within existing power plant sites; 
(B) The project would develop a new site adjacent to an existing power plant site; 
(C) The project would develop a new site in otherwise undesignated areas; or 
(D) The project would develop a new site in partially designated areas only after a determination that: (i) the Bay site has greater relative merit than available inland sites; (ii) the proposed development is consistent with the primary use of the land; (iii) there will be no substantial adverse environmental effects; (iv) approval by any public agency having ownership or control of the land is obtained; and (v) opportunities consistent with the first four priorities are not feasible; or 
(2) The project would avoid all adverse effects on the resource areas and would otherwise comply with the Commission's laws and policies. 
NOTE

Authority cited: Sections 66632(f) and 66645, Government Code; and Section 29201(e), Public Resource Code. Reference: Section 66645, Government Code; the San Francisco Bay Plan; the Suisun Marsh Protection Plan; and Sections 25507 and 25523, Public Resource Code.
HISTORY

1. New section filed 5-5-2003; operative 6-4-2003 (Register 2003, No. 19).
Chapter 11. Special Area Planning
§11100. Definition and Effect of a Special Area Plan.
Note     •     History

(a) A “special area plan” is an amendment to the San Francisco Bay Plan that applies any or all policies of the Bay Plan in greater detail to the geographic area covered by the special area plan.
(b) A proposed special area plan shall have no force or effect on the Commission. After the Commission has adopted a special area plan as an amendment to the Bay Plan, it shall have the full force and effect of the San Francisco Bay Plan.
(c) Adoption of a special area plan shall not alter the requirement established in Government Code Section 66632 that a permit must be secured from the Commission for any development within its jurisdiction.
(d) A special area plan shall normally be prepared by a “Joint Special Advisory Committee” which includes member(s) of local government, member(s) of the Commission, member(s) appointed by local government to represent local interests, and member(s) appointed by the Commission to represent regional interests. The size and membership will vary depending on the geographical area, but its size, composition, authority, chairman, and vice chairman shall be agreed upon by separate resolution of the Commission and local government prior to commencement of special area planning. No action taken by the joint special advisory committee is binding on the Commission or local government.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: San Francisco Bay Plan, P. 39, 41.
HISTORY

1. Renumbering and amendment of Section 10820 to Section 11100 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
§11101. Special Area Planning Procedures.
Note     •     History

(a) The Commission, the Executive Director, a local government, or any other person may propose that the Commission develop a special area plan.
(b) After such a proposal has been made, the Executive Director shall prepare a brief summary and report on the proposal that shall include the following information:
(1) the boundaries of the area involved;
(2) the issues and concerns to be addressed in the planning process and the reasons for developing a special area plan;
(3) the estimated cost and personnel needed to complete the study and the source of the funds needed to pay for it;
(4) an estimate of the amount of time that it would take to complete the special area planning process;
(5) whether the Executive Director recommends that the Commission develop a special area plan;
(6) whether the Executive Director recommends that a joint special advisory committee be appointed to assist in preparing the special area plan and the recommended membership of any such advisory committee; and
(7) any other information the Executive Director deems appropriate.
(c) The Executive Director shall mail the report and, if the Executive Director recommends that the Commission develop a special area plan, a draft resolution that complies with Section 11102 to the Commission, to all interested parties, to all affected local jurisdictions, and to all other persons who have requested such mailing in writing.
(d) The Executive Director shall schedule a public hearing prior to the Commission's determination whether or not to develop a special area plan. The public hearing shall occur no earlier than ten (10) days after the Executive Director mails the report on the proposal to develop a special area plan.
(e) The Commission shall determine whether to develop a special area plan by majority vote at any time after the public hearing. If the Commission determines that it wants to develop a special area plan, it shall make that determination by resolution that complies with the requirements of Section 11102.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: San Francisco Bay Plan, P. 39, 41.
HISTORY

1. Renumbering and amendment of Section 10821 to Section 11101 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 79, No. 29.
§11102. Contents of a Resolution to Develop a Special Area Plan.
Note     •     History

A Commission resolution to develop a special area plan shall contain the following information:
(a) the boundaries of the area to be studied;
(b) the reasons for developing a special area plan and the purpose of the special area plan;
(c) any specific issues that the Commission wants the special area planning to address;
(d) the procedures to be used to prepare the special area plan, specifically addressing who will do the work and any special procedures that will be used to assure participation by any interested or affected persons, e.g., the holding of a public hearing, the use, membership, and representation of a joint special advisory committee, etc.;
(e) any conditions that the Commission believes appropriate to the proposed special area planning; and
(f) any other matter that the Commission deems appropriate to the proposed special area planning.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: San Francisco Bay Plan, P. 39, 41.
HISTORY

1. Renumbering and amendment of Section 10822 to Section 11102 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11103. Periodic Reports on Special Area Planning.
Note     •     History

The Executive Director shall periodically include as part of his or her report a summary of the progress of any special area planning. The summary shall specifically identify any issues of substantial concern, any substantial deviations from the procedures established by the Commission's resolution authorizing the special area planning, and any changes that the Executive Director deems necessary to fulfill the purpose of the special area planning.
(b) The Executive Director shall provide to the Commission a copy of any report, study, or plan published as a result of the special area planning and shall make such materials available to the public.
(c) If the Executive Director determines at any time that the special area planning process is not addressing or resolving the identified issues, or is not providing sufficient opportunity to all interested persons to make their views known, or that changed circumstances exist that make further Commission participation in the special area planning process questionable, he or she shall so advise the Commission and make any appropriate recommendation(s). The Commission shall then determine by a majority vote of those present and voting whether to continue the special area planning without any changes, to continue the special area planning with changes, or to terminate the special area planning.
(d) Whenever the Executive Director or the Commission determines that the special area planning process has reached the point where it is appropriate to commence the process to amend the Bay Plan, the Commission and the staff will thereafter follow the procedures of Chapter 10 for amending the Bay Plan.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: San Francisco Bay Plan, P. 39, 41.
HISTORY

1. Renumbering and amendment of Section 10823 to Section 11103 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
Chapter 12. Certification and Amendment of Suisun Marsh Local Protection Program
Article 1. Certification of Local Protection Program
§11200. Local Agency Requirements for Components of the Local Protection Program.
Note     •     History

(a) Each local government and district; required to prepare a component of the Suisun Marsh Local Protection Program and the Solano County Local Agency Formation Commission shall include in their components of the Suisun Marsh Local Protection Program an initial environmental assessment of the component.
(b) The initial environmental assessment shall discuss all substantial adverse environmental impacts associated with the adoption of the component, including the growth-inducing impacts and the cumulative impacts. The analysis shall also discuss feasible alternatives and mitigation measures that the component will require.
(c) Each local government, district, and the Solano County Local Agency Formation Commission shall circulate their approved initial environmental assessments to all interested local governments, responsible agencies, and all interested parties at least thirty (30) days prior to Solano County's consideration of the component.
(d) When a component is presented to the County for endorsement, the component shall list the place, date, mailing list, and notice(s) published for all public hearings that have been held. The component shall also include all written communications received and responses to them.
NOTE

Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11200 to Section 11600, and renumbering and amendment of Section 10850 to Section 11200 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 84, No. 28 and 79, No. 29.
§11201. County Endorsement of the Local Protection Program.
Note     •     History

(a) The County may submit components of a local protection program separately for certification by the Commission.
(b) County endorsement of a local protection program or a component thereof is advisory to the Commission.
NOTE

Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10851 to Section 11201 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11202. Commission Distribution of an Endorsed Local Protection Program or Components Thereof.
Note     •     History

(a) The County shall furnish to the Commission fifteen (15) copies of an endorsed local protection program or component thereof, and within fifteen (15) days of its receipt by the Commission, the Commission shall distribute a copy of the program or component to the following agencies for comment for a period of not more than sixty (60) days:
(1) California Department of Fish and Game;
(2) California Department of Health Services;
(3) All local governments in the County;
(4) Regional Water Quality Control Board, San Francisco Bay Region;
(5) State Lands Commission;
(6) Attorney General's Office (Deputy Assigned to the Commission);
(7) U.S. Army Corps of Engineers, San Francisco District; and
(8) Any other governmental agencies and interested parties who have requested a copy of the program.
(b) The Commission shall publish once a week for at least two weeks beginning at least thirty (30) days prior to the public hearing notice of the availability of the endorsed local protection program or component for public inspection at the Commission office in a newspaper of general circulation.
(c) With respect to the number of copies that paragraph (a) of this section requires the County to submit, the Executive Director may waive any or all of the requirement if he or she determines that any of the agencies already have a copy of the program or component.
NOTE

Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 10852 to Section 11202 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11203. Contents and Distribution of Staff Summary.
Note     •     History

(a) The Executive Director shall prepare a brief summary of a proposed local protection program component or proposed amendment to the local protection program or a local protection program component.
(b) The summary shall include staff comments, which shall be clearly distinguished as such, and shall cover the following matters:
(1) whether the proposed component or proposed amendment conforms to the provisions of California Public Resources Code Sections 29000 through 29612, the policies of the Suisun Marsh Protection Plan, and the policies of the San Francisco Bay Plan, and if the proposed component or proposed amendment does not so conform, a specific explanation of how it does not so conform;
(2) a summary of all environmental documentation that the lead agency has prepared;
(3) what action the sponsor of the proposed component or proposed amendment has taken; and
(4) a summary of all comments that the staff has received and a brief response to all comments.
(c) The staff shall mail the staff summary with a copy of the proposed component or amendment and any environmental document at least six (6) days prior to the public hearing to all Commissioners and Alternates, to the sponsor of the proposed component or amendment, to other affected local governments, to all persons who have requested such mailing in writing, and to the agencies listed in Section 11202(a).
NOTE

Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10854 to Section 11203 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11204. Public Hearing(s).
Note     •     History

(a) The Commission shall hold a public hearing on the local protection program or component or amendment within ninety (90) days of its receipt from the County.
(b) The Executive Director shall mail notice of the public hearing to all Commissioners and their Alternates, to each of the governmental agencies listed in paragraph (a) of Section 11202, to all interested agencies, organizations, and individuals, and to any other person who requests such notice in writing.
NOTE

Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10853 to Section 11204 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11205. Staff Recommendation.
Note     •     History

(a) The Executive Director may request the sponsor of the proposed program, component, or amendment to provide any additional information or commitment that he or she deems necessary to prepare the recommendation and shall report any failure to comply with such requests to the Commission.
(b) The Executive Director shall prepare a staff recommendation that shall contain the following:
(1) responses to all comments received either in writing or at the public hearing;
(2) any necessary revisions to the initial environmental assessment;
(3) a recommendation for Commission action on the certification of the local protection program, component, or amendment, which can only be to certify or to refuse to certify, with or without recommendations to the appropriate local agency and county on what the Commission believes would be necessary for it to certify the program, component, or amendment; and
(4) a draft resolution of certification that complies with Section 11206 or a draft resolution of refusal to certify that complies with Section 11207.
(c) The Executive Director shall mail the staff recommendation to all Commissioners and Alternates, to the sponsor of the proposed component or amendment, to other affected local governments, to all persons who have requested such mailing in writing, and to the agencies listed in Section 11202. The mailing shall occur not less than six (6) days prior to the date of the scheduled Commission vote.
NOTE

Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10855 to Section 11205 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11206. Contents of Resolution of Certification.
Note     •     History

A resolution that certifies the local protection program, a component of the local protection program, or an amendment to the local protection program or component shall include the following:
(a) a statement that the program, component, or amendment conforms to California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, and the policies of the San Francisco Bay Plan;
(b) the text and all necessary diagrams, drawings, exhibits, maps, charts, and supplementary data of the program, component, or amendment; and
(c) specific findings of fact that support the following legal conclusions:
(1) the program, component, or amendment conforms to the relevant provisions of California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, and the San Francisco Bay Plan; and
(2) the program, component, or amendment will either have no significant adverse environmental impacts on matters that the Commission must by law approve or disapprove or has included all feasible alternatives or feasible mitigation measures necessary to offset any significant adverse environmental impacts that the program, component, or amendment will have on matters that the Commission must by law approve or disapprove.
NOTE

Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§11207. Contents of Resolution of Non-Certification.
Note     •     History

A resolution that denies the certification of the local protection program, a component, or an amendment shall include the following:
(a) a statement of all the ways that the proposed program, component, or amendment fails to conform to California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, or the San Francisco Bay Plan, or fails to include all feasible mitigation measures or feasible alternatives necessary to offset any significant adverse environmental impacts that the program, component, or amendment will have on matters that the Commission must by law approve or disapprove;
(b) the text and all necessary drawings, exhibits, etc., of the program, component, or amendment; and
(c) specific findings of fact that support the conclusion that the program, component, or amendment fails to conform to California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, or the San Francisco Bay Plan, or fails to include all feasible mitigation measures or feasible alternatives necessary to offset any significant adverse environmental impacts that the program, component, or amendment will have on matters that the Commission must by law approve or disapprove.
NOTE

Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.
HISTORY

1. New section filed 5-18-7; operative 6-17-87 (Register 87, No. 30).
§11208. Notice of Certification of Local Protection Program.
Note     •     History

The Executive Director shall make every reasonable effort to assure that all interested persons receive notice of the certified local protection program, component, or amendment. The Executive Director shall also file a notice of the adoption of the local protection program, component, or amendment with the Secretary of the Resources Agency for posting and inspection as provided in Public Resources Code Section 21080.5(d)(2)(v).
NOTE

Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 21080.5(d)(2)(v) and 29400-29424, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10857 to Section 11208 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
Article 2. Amendment of the Suisun Marsh Local Protection Program
§11210. Amendment Submittal Requirements.
Note     •     History

The Commission may file for review a proposed amendment to the certified Suisun Marsh local protection program or a component thereof only if the proposed amendment is submitted pursuant to a resolution of the entity that proposes the amendment adopted after the entity held at least one (1) public hearing. The resolution of the proposed amendment shall contain the following information:
(a) all policies, plans, standards, objectives, diagrams, drawings, maps, charts, and supplementary data related to the proposed amendment in detail sufficient to allow review of the proposed amendment for conformity with the provisions of California Public Resources Code Sections 29000 through 29612, the policies of the Suisun Marsh Protection Plan, and the policies of the San Francisco Bay Plan;
(b) a discussion of the proposed amendment's effect on the component being amended, its relationship to and its effect on the other sections of the local protection program, and its conformity with California Public Resources Code Sections 29000 through 29612 and the policies of the San Francisco Bay Plan and the Suisun Marsh Protection Plan.
(c) any environmental documents required pursuant to California Public Resources Code Section 21000 through 21177 for all or any portion of the proposed amendment;
(d) a summary of the measures taken to provide the public and any affected agency with maximum opportunity to participate in the local protection program or component amendment process, including proof that the entity proposing the amendment gave written notice of its public hearing to all other entities whose components would be affected by the amendment; and
(e) If the proposed amendment would affect any area outside of Suisun Marsh, a statement that the entity proposing the amendment has held a public hearing for which it gave at least thirty (30) days prior notice, and had given the Commission and Solano County at least thirty (30) days prior notice of the nature and text of the proposed amendment.
NOTE

Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29418 and 29419, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§11211. Submittal of an Amendment.
Note     •     History

(a) Within ten (10) working days of receipt by the Commission of a proposed amendment to the local protection program or component thereof, the Executive Director shall determine whether the proposed amendment meets the submittal requirements of Section 11210.
(b) If the Executive Director determines that the proposed amendment and supporting materials meet the submittal requirements of Section 11210, the Executive Director shall stamp all the materials “Filed BCDC” and the date of filing and notify the entity that submitted the proposed amendment of its filing.
(c) If the Executive Director determines that the proposed amendment does not satisfy the requirements of Section 11210, the Executive Director shall transmit to the entity that proposed the amendment a written explanation of why the proposed amendment and supporting materials do not comply with Section 11210.
(d) The filing of a proposed amendment and supporting materials shall constitute submittal of the amendment pursuant to California Public Resources Code Section 29410.
NOTE

Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29418 and 29419, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§11212. Processing Amendments to the Local Protection Program or Component Thereof.
Note     •     History

The Commission shall process a proposed amendment to the Suisun Marsh local protection program or to any component thereof in accordance with Sections 11202 through 11208, except that amendments designated as minor by the Executive Director under Sections 11213 and 11214 shall be processed only as provided in Section 11214.
NOTE

Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29418 and 24919, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§11213. Definition of a Minor Amendment.
Note     •     History

A minor amendment to the Suisun Marsh local protection program or any component thereof is an amendment that is consistent with California Public Resources Code Sections 29000 through 29612 and the Suisun Marsh Protection Plan and that is one or more of the following:
(a) changes in wording, maps, or diagrams of any general, specific, or area plan, other policy document, zoning ordinance, zoning district map, regulation, or standard that does not change the designated, allowable, or permitted use, density, or intensity of land use or sphere of influence or boundary of any city; or
(b) changes in any certified management plan or policy document of the Suisun Resource Conservation District or the Solano County Mosquito Abatement District that does not change the permitted or allowable use of any land and does not change any water management program or practice.
NOTE

Authority cited: Section 29418(c), Public Resources Code. Reference: Section 29418(c), Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§11214. Designation of an Amendment as Minor.
Note     •     History

(a) If the Executive Director intends to determine that a proposed amendment is minor, he or she shall notify the Commission of this intent by summarizing the proposed amendment and stating the intent as part of the administrative listing of administrative permits and consistency determinations that Section 10620 requires.
(b) The Executive Director shall send the listing to or shall otherwise notify in writing the County of Solano, the Cities of Benicia, Fairfield, and Suisun City, the Solano County Local Agency Formation Commission, the Solano County Mosquito Abatement District, the Suisun Resource Conservation District, the California Department of Fish and Game, the United States Fish and Wildlife Service, and the United States Bureau of Reclamation at least nine (9) working days before the meeting at which the Commission may comment on the listing.
(c) If two (2) or more members of the Commission object to the Executive Director's proposed determination that the proposed amendment is minor, the determination shall not become effective and the Commission shall process the amendment pursuant to Section 11212.
(d) If less than two (2) members of the Commission object to the Executive Director's proposed determination that the proposed amendment is minor, the proposed determination shall become effective and the amendment shall become effective on the tenth (10th) working day following the meeting at which the amendment was listed.
(e) The Executive Director shall give written notice of final action on the proposed amendment to the entity that proposed the amendment and to all persons who have requested in writing that they receive such notice.
NOTE

Authority cited: Section 29418(c), Public Resources Code. Reference: Section 29418(c), Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§11215. Frequency of Amendments.
Note     •     History

No local government, district, nor the Solano County Local Agency Formation Commission shall submit an amendment to the Commission or the Executive Director for certification more frequently than three (3) times during any calendar year.
NOTE

Authority cited: Section 29201(e), Public Resources Code. Reference: Section 29418, Government Code; and Section 65361, Government Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Chapter 13. Enforcement Procedures
Subchapter 1. General Provisions
§11300. Grounds for the Issuance of Cease and Desist Orders.
Note     •     History

Any one of the following actions shall constitute grounds for the issuance by the Commission of a cease and desist order: (1) the undertaking or threat to undertake an activity that requires a Commission permit without having obtained a Commission permit, (2) the violation of a term or condition of a Commission permit, or (3) the inclusion of inaccurate information in a permit application or at the public hearing on the permit application.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66638, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11300 to Section 11301, and new Section 11300 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11301. Grounds for Permit Revocation.
Note     •     History

Any one of the following actions shall be grounds for the complete or partial revocation of a Commission permit:
(1) the violation of a term or condition of a permit,
(2) the violation of a Commission cease and desist order or an Executive Director's cease and desist order, or
(3) the inclusion of inaccurate information in a permit application or at the public hearing on a permit application.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66641(d); Government Code; Section 29601, Public Resources Code; and Sunset Amusement Company v. Board of Police Commissioners (1972) 7 Cal.3d 64, 80.
HISTORY

1. Renumbering and amendment of former Section 11301 to Section 11303, and renumbering and amendment of former Section 11300 to Section 11301 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11302. Grounds for the Imposition of Administrative Civil Penalties.
Note     •     History

Any one of the following actions shall constitute grounds for the imposition of civil penalties by the Commission:
(1) the undertaking of any activity that requires a Commission permit without having obtained the Commission permit or
(2) the violation of any term or condition of a Commission permit.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66641.5, Government Code; and Sections 29610-29611, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Repealer and new section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11303. Referral to the Attorney General by the Commission or the Executive Director.
Note     •     History

(a) A violation of any one of the following shall be grounds for the referral of the violation by the Commission or the Executive Director to the Attorney General's Office without the Commission's having issued either a cease and desist order or a permit revocation order: (1) the McAteer-Petris Act, (2) the Suisun Marsh Preservation Act, (3) the Federal Coastal Zone Management Act, or (4) a term or condition of a Commission permit. 
(b) In addition, a violation of either a Commission cease and desist order or a Commission permit revocation order shall also be grounds for the referral of the violation by either the Commission or the Executive Director to the Attorney General's Office.
(c) A referral made to the Attorney General's Office pursuant to subsections (a) and (b) may include any other unresolved, alleged violation including those of the type enumerated in Section 11386.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66641(d), Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Repealer of former Section 11303, and renumbering and amendment of former Section 11301 to Section 11303 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
2. Amendment filed 5-22-2003; operative 6-21-2003 (Register 2003, No. 21).
Subchapter 2. Procedures for the Issuance of Cease and Desist Orders, Permit Revocation Orders, and Civil Penalty Orders
Article 1. Definitions
§11310. Definitions.
Note     •     History

The following definitions are applicable to this chapter:
(a) “Complaint,” as used in subsection (b) of Section 66641.6 of the Government Code, means the document that initiates the possible imposition of administrative civil penalties by the Commission. A complaint shall contain the information required by Government Code Section 66641.6(b) and otherwise follow the format for a staff violation report as set out in Appendix H.
(b) “Enforcement committee,” as used in this chapter, means a committee that the Commission has established pursuant to Commission resolution or by appointment by the Chair without Commission objection to assist the Commission in carrying out its enforcement responsibilities.
(c) “Enforcement hearing,” as used in this chapter, means any public hearing held before a hearing officer, the enforcement committee, or the Commission as part of a Commission enforcement proceeding.
(d) “Hearing Officer,” means any person appointed by the Commission to receive evidence, hear arguments, make findings of fact, and recommend to the Commission what action it should take on an enforcement matter.
(e) “Person,” as used in Sections 66637 through 66642 of the Government Code and in this chapter, means any individual, firm, association, organization, partnership, business trust, corporation, company, or governmental agency.
(f) “Respondent,” as used in this chapter, means a person to whom the Commission staff has issued a violation report and a statement of defense form in accordance with Section 11321(c).
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11310 to Section 11710, and renumbering and amendment of Section 11010 to Section 11310 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 86, No. 39 and 73, No. 50.
2. Renumbering of former subsection (a) to subsection (e), repealer of former subsections (b) and (c), new subsections (a)-(d), and renumbering of former subsection (d) to subsection (f) filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
Article 2. Commission Cease and Desist Orders, Permit Revocation Orders, and Civil Penalty Orders
§11320. Staff Investigation and Discovery.
Note     •     History

As part of any enforcement investigation, the Executive Director may issue subpenas and the staff may send interrogatories, conduct depositions, and inspect property at any time.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11180-11181, 66637, 66638 and 66643, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Repealer of former Section 11320, and renumbering and amendment of former Section 11331 to Section 11320 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11321. Commencing Commission Enforcement Proceedings.
Note     •     History

(a) If the Executive Director believes that the results of an enforcement investigation so warrant, the Executive Director shall commence Commission enforcement proceedings by issuing at least 45 days prior to holding an enforcement hearing on the matter the following materials to the last known address of each party that the Executive Director believes may be legally responsible in some manner for the alleged violation:
(1) a violation report that complies with the format set out in Appendix H,
(2) a complaint for civil penalties that complies with the format set out in Appendix H if the staff seeks civil penalties, and
(3) a statement of defense form that complies with the format set out in Appendix I. The violation report and complaint for civil penalties can be combined into a single document so long as it contains all the information required for both.
(b) The violation report shall refer to all documents on which the staff relies to provide a prima facie case and give notice that the documents may be inspected at the Commission's office and that copies will be provided with five days prior notice and upon payment of the cost of copying.
(c) Issuance of a violation report shall occur when the violation report is mailed by certified mail to all persons or entities named as a respondent in the violation report. Issuance of a complaint for civil penalties shall occur when the complaint for civil penalties is mailed by certified mail to all persons or entities name as a respondent in the complaint.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.6, Government Code; and Sections 29610-29611, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11330 to Section 11321 and Section 11322 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11322. Respondent's Required Response to the Violation Report.
Note     •     History

(a) Within thirty-five (35) days of the issuance of the violation report and the statement of defense form, each respondent shall submit to the Commission as its office an original and five copies of the completed statement of defense form and an original (or verified copy) and five copies of all documents that the respondent wants to be made part of the record of the enforcement proceeding, including any declarations under penalty of perjury and any documentary evidence such as letters, photographs, and similar matters. Once submitted, all such declarations and documents shall be permanently retained by the Commission as part of the enforcement record.
(b) If a respondent believes that cross-examination of a person relied on by staff in its violation report is needed to show or contest a fact alleged in the violation report, the respondent shall request such cross-examination in the statement of defense form. The addendum shall list the name of each person the respondent wants to cross examine, all documents about which the respondent wants to cross examine, a description of the area of knowledge about which the respondent wants to cross-examine the person, including a specific reference to the fact or information respondent disputes, the information that respondent believes can be elicited by cross-examination, and the reasons the respondent believes that the information can best be provided by cross-examination rather than by the submittal of declarations or other written evidence.
(c) Within 35 days of the issuance of a complaint for civil penalties and a statement of defense form, each respondent shall submit to the Commission at its office either (1) a certified cashier's check in the amount of the proposed civil penalty or (2) the completed statement of defense form and all documents that the respondent wants to be made part of the record of the enforcement proceeding, including any declarations under penalty of perjury and any documentary evidence such as letters, photographs, and similar matters, and any request to allow cross-examination.
(d) If the staff wants to cross-examine, the staff shall, within seven days of receiving a statement of defense form, mail to all respondents a list of all persons that the staff wants to cross examine, the area or areas of knowledge about which the staff wants to cross-examine the witness, and the information that the staff hopes to elicit in cross-examination.
(e) If the Executive Director sends a violation report and a complaint for civil penalties together, paying the civil penalties will not release the respondent from the possible issuance of a cease and desist order or permit revocation order.
(f) The Executive Director may at his or her discretion extend the 35-day time limit imposed by paragraphs (a) and (c) of this section upon receipt within the 35-day time limit of a written request for such extension and a written demonstration of good cause. The extension shall be valid only to those specific items or matters that the Executive Director identifies to the requesting party as being exempt from the 35-day filing requirement and shall be valid only for such additional time as the Executive Director allows.
(g) If a respondent responds to a complaint for the imposition of administrative civil penalties by submitting a cashier's check in the appropriate amount to the Executive Director in a timely fashion, the Executive Director shall cash the check and list the violation, the amount of the proposed penalty, and the fact that the respondent has agreed to pay the penalty as part of the administrative permit listing within 30 days of receipt of the check.
(h) At the next Commission meeting after receiving the listing, the Commission can object to the amount of a proposed administrative civil penalty that a respondent has paid by voting by a majority of those present and voting. If the Commission so objects, the Executive Director shall return the respondent's money and the respondent shall file his or her completed statement of defense form and supporting documents within 35 days of the Commission's action. Thereafter, the enforcement matter shall proceed according to these regulations.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.6, Government Code; and Section 29610-29611, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11330(d) to Section 11322 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11323. Distribution of Notice of Enforcement Hearings.
Note     •     History

(a) At least ten (10) days prior to the initial enforcement hearing on a proposed Commission cease and desist order, a proposed permit revocation order, or a proposed Commission civil penalty order, whether held before the enforcement committee, the Commission, or a hearing officer, the Executive Director shall mail by regular mail a written notice of the date, time, and place of the initial enforcement hearing to all respondents at their last known address and to all members of the public who have requested in writing that they receive such notice, provided that no notice need be mailed to the respondent if the respondent has already received notice of the hearing in a cease and desist order issued by the Executive Director. A meeting notice mailed pursuant to California Government Code Section 11125 will meet this notice requirement.
(b) After the initial enforcement hearing, notice of further enforcement hearings may be given by either announcing the date, time, and place of the further meeting on the record at the close of the preceding enforcement hearing or by mailing written notice of the date, time, and place of the further meeting to all respondents at least 10 days prior to the further enforcement hearing.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638, 66641.5, and 66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of Former Section 11337 to Section 11323 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11324. Distribution of the Violation Report, Statement of Defense Form(s), and Recommended Enforcement Decision.
Note     •     History

At least ten (10) days prior to the enforcement hearing, the Executive Director shall mail by regular mail the following materials to each respondent, and to the committee members if the enforcement hearing will be held before the enforcement committee, to the hearing officer if the enforcement hearing will be held before a hearing officer, or to the Commission if the enforcement hearing will be held before the Commission: (1) the violation report, (2) each completed statement of defense form and the enclosed exhibits, with a notation that indicates if any of the statements have been filed in an untimely fashion, and (3) a recommended enforcement decision that complies with Section 11326.
NOTE

Authority cited: Section 66632(f), Government Code, and Section 29201(e), Public Resources Code. Reference: Sections 66637-66638 and 66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11336 to Section 11324 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11325. Ex Parte Contacts.
Note     •     History

NOTE

Authority cited: section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66638 and 66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11333 to Section 11325 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
2. Repealer filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§11326. Contents of an Executive Director's Recommended Enforcement Decision.
Note     •     History

(a) The Executive Director shall prepare a recommended enforcement decision on a proposed Commission cease and desist order, a proposed permit revocation order, or a proposed civil penalty order.
(b) The Executive Director's recommended enforcement decision shall be in writing and shall include:
(1) a brief summary of (A) any background to the alleged violation, (B) the essential allegations made by staff in its violation report (C) a list of all essential allegations either admitted or not contested by respondent(s), (D) all defenses and mitigating factors raised by the respondent(s), and (E) any rebuttal evidence raised by the staff to matters raised in the statement of defense form with references to supporting documents;
(2) a summary and analysis of all unresolved issues;
(3) a statement of whether the Executive Director has issued a cease and desist order and its expiration date; and
(4) a recommendation on what action the Commission should take; and
(5) the proposed text of any cease and desist order, permit revocation order, or civil penalty order that the Executive Director recommends that the Commission issue.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638, 66642 and 66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11335 to Section 11326 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11327. Enforcement Hearing Procedure.
Note     •     History

Enforcement hearings shall proceed in the following manner:
(a) the Chair shall announce the matter, ask all respondents or their attorneys present to identify themselves for the record, indicate what matters are already part of the record, and announce any imposition of time limits for presentations to be made by the staff, the respondent(s), and the public at the hearing;
(b) the Chair may impose time limits based on the circumstances of the alleged violation(s), the number of other items contained on the meeting agenda, the number of persons who intend to speak, and such other factors as the Chair believes relevant;
(c) the staff shall summarize the violation report and recommended enforcement decision with particular attention to limiting its presentation to issues of controversy;
(d) each respondent shall summarize its position(s) on the matter(s) relevant to the alleged violation or proposed order with particular attention to those issue(s) where an actual controversy exists between the staff and the reported party(s);
(e) other speakers may speak concerning the matter;
(f) presentations made by the staff, a respondent, and other speakers shall be limited to responding to (1) evidence already made part of the enforcement record and (2) the policy implications of such evidence; the committee and the Commission shall not allow oral testimony unless the committee and Commission believes that such testimony is essential to resolve any factual issues that remain unresolved after reviewing the existing written record and whose resolution is essential to determining whether a violation has occurred or to determining what remedy is appropriate. If the committee or Commission allows oral testimony, such testimony shall be taken under oath, and all representatives of the staff and all respondents shall be given a right to cross-examine all witnesses who are allowed to testify and a right to have rebuttal witnesses similarly testify;
(g) cross-examination of any witness whose declaration under penalty of perjury has become part of the enforcement record shall be permitted only if the party who wishes to cross-examine has identified in writing pursuant either to Section 11322(a) or Section 11322(c) the person to be cross-examined, the area or areas of information into which the cross-examination will delve, and the information sought to be uncovered.
(h) Committee members, a hearing officer, and Commissioners may ask questions at any time during the hearing or deliberations.
(i) the enforcement committee, hearing officer, or Commission shall close the public hearing after the staff, all respondents, and the public have completed their presentations and committee members, the hearing officer, or Commissioners have completed their questioning;
(j) the enforcement committee or Commission shall deliberate and vote on an enforcement matter; and
(k) if a hearing officer has been appointed for an enforcement matter, the hearing officer shall render a written decision that follows the format of an Executive Director's recommended enforcement decision within 14 days of the closing of the enforcement hearing.
NOTE

Authority cited: section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66638 and 66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11328 to Section 11327 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11328. Acceptance of Late Evidence.
Note     •     History

The introduction of surprise testimony and exhibits at enforcement hearings shall be discouraged. All documents and declarations under penalty of perjury shall be submitted with the completed statement of defense form except to the extent the Executive Director has extended the time for such submittal pursuant to Section 11322(d) or the Commission admits the evidence into the record pursuant to Section 11327(f) and this section. To this end, the Commission, any hearing officer, and the enforcement committee shall not accept into the record or consider any statement of defense form or any written evidence not filed in a timely manner unless the Commission, hearing officer, or enforcement committee finds that (1) the person seeking to introduce the evidence made all reasonable efforts to obtain and submit the evidence in a timely manner and would be substantially harmed if the evidence were not admitted and (2) no other party would suffer substantial prejudice by its admission.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66638 and 66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. New section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11329. Admissibility of Evidence.
Note     •     History

(a) Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of such evidence over objection in civil actions.  
(b) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action or unless it is in the form of a declaration under penalty of perjury or in the form of another document referred to in a violation report or complaint for the imposition of civil penalties and the declarant or author of the other document is subject to cross-examination as provided in Sections 11321, 11322, and 11327.
(c) The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant or unduly repetitious evidence shall be excluded.
(d) The Chair, the enforcement committee chair, or the hearing officer if one has been appointed shall have the final authority to determine whether any evidence whose admissibility is challenged by objection shall be admitted into evidence and become part of the record.
(e) In determining whether to admit testimony or exhibits into the record over objection, the Chair, the enforcement committee chair, or the hearing officer if one has been appointed shall consult with the Deputy Attorney General in attendance at the hearing.
NOTE

Authority cited: section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638, 66641.5 and 66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former section 11339 to section 11329 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
2. Amendment of portions of subsection (a) to create new subsections (b) and (c) and relettering of former subsections (b) and (c) filed 9-3-92; operative 10-5-92 (Register 92, No. 36).
§11330. Adoption of an Enforcement Committee or a Hearing Officer Recommended Enforcement Decision.
Note     •     History

After the enforcement committee or a hearing officer has closed the enforcement hearing and completed its deliberations, it shall adopt a recommended enforcement decision, which shall include all of the following:
(a) all of the matters required by Section 11326; and
(b) any further written report on or explanation of the enforcement proceedings as the enforcement committee or hearing officer believes is appropriate.
The enforcement committee or a hearing officer can adopt with or without change the staff recommended enforcement decision.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11330 to Section 11321 and 11322, and new Section 11330 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11331. Referral of the Recommended Enforcement Decision to the Commission.
Note     •     History

At least ten (10) days prior to the Commission's consideration of a recommended enforcement decision referred to it either directly by the Executive Director, by the enforcement committee, or by a hearing officer, the staff shall mail the recommended enforcement decision to all respondents and to all Commissioners.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11331 to Section 11320, and new Section 11331 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11332. Commission Action on Recommended Enforcement Decision.
Note     •     History

(a) When the Commission acts on a recommended enforcement decision, the Commission shall allow representatives of the staff, each respondent, and members of the public an opportunity to present their respective arguments on the recommendation, subject to such reasonable time limits as the Chair may impose and subject to a prohibition against the introduction of any new evidence unless the Commission proceeds either to remand the matter to the enforcement committee or hearing officer or hold a de novo evidentiary hearing.
(b) Thereafter, the Commission shall do one of the following:
(1) adopt the recommended enforcement decision without any change in any proposed cease and desist order, permit revocation order, or civil penalty order;
(2) either (A) dismiss the entire matter by voting not to issue any proposed cease and desist order, proposed permit revocation order, or proposed civil penalty order or (B) adopt the recommended enforcement decision with regard to one or more of a proposed cease and desist order, a proposed permit revocation order, and a proposed civil penalty order and dismiss the other proposed order(s) recommended in the recommended enforcement decision by voting not to issue them;
(3) remand the matter to the enforcement committee, hearing officer, or the staff for further action as the Commission directs; or
(4) reject the recommended enforcement decision and decide to consider the entire matter de novo. In this event, the Commission shall continue the public hearing to the next available Commission meeting, when it shall proceed in accordance with the same procedural requirements as the Commission must follow under these regulations pursuant to Section 11327. As part of this de novo proceeding, the Commission can accept additional evidence only in compliance with Section 11327 or if the Commission provides the staff, all respondents, and the public a reasonable opportunity to review and respond to the additional evidence prior to the Commission's de novo review.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Repealer and new section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11333. Commission Hearing Procedures on Direct Referral of an Enforcement Matter by the Executive Director.
Note     •     History

When the Executive Director refers an enforcement matter directly to the Commission rather than to the enforcement committee, the Commission shall follow the procedures set out in Sections 11327 through 11329 and in Section 11334.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11333 to Section 11325, and new Section 11333 filed 10-11-89; operative 11-10-89 (Register 89, No. 30). For prior history, see Register 87, No. 30.
§11334. Voting on a Proposed Commission Cease and Desist Order, a Proposed Commission Permit Revocation Order, or a Proposed Commission Civil Penalty Order.
Note     •     History

(a) The Commission shall vote on a recommended enforcement decision, a proposed Commission cease and desist order, a proposed permit revocation order, or a proposed civil penalty order by roll call in alphabetical order except that the Chair shall vote last;
(b) Any member may change his or her vote at any time before the Chair announces the final tally; and
(c) The decision of whether or not to issue an order shall be by majority vote of those present and voting.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Repealer of former Section 11334, and renumbering and amendment of former Section 11341 to Section 11334 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11335. Staff Report and Recommendation.
Note     •     History

NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11335 to Section 11326 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11336. Distribution of Staff Report and Recommendation.
Note     •     History

NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11336 to Section 11324 filed 10-11-89; operative11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11337. Notice of Public Hearing.
Note     •     History

NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11337 to Section 11323 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11338. Public Hearing Procedure.
Note     •     History

NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11338 to Section 11327 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11339. Admissibility of Evidence.
Note     •     History

NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11513 and 66637-66642, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11339 to Section 11329 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11340. Contents of Cease and Desist Orders.
Note     •     History

(a) Cease and desist orders shall be signed by the Executive Director and shall contain the following:
(1) a statement of whether the Executive Director is issuing the order pursuant to Section 66637 of the Government Code or the Commission is issuing the order pursuant to Section 66638 of the Government Code;
(2) the names of the person or persons who have undertaken or who are threatening to undertake the activity that is the subject of the order;
(3) identification of the property where the activity has been undertaken or may be undertaken;
(4) a description of the activity;
(5) the effective date of the order;
(6) the expiration date, if any, of the order;
(7) any terms, conditions, or other provisions necessary to bring the activity into compliance with the provisions of the McAteer-Petris Act, the Suisun Marsh Preservation Act, or a permit;
(8) written findings that (1) explain the decision to issue the order and (2) provide the factual and legal basis for the issuance of the order;
(9) in the case of an order issued by the Executive Director, notice of the date and place of any public hearing to be held on any cease and desist order proposed to be issued by the Commission relating to the same activity if the Executive Director has scheduled one;
(10) notice that a respondent may file with the superior court a petition for writ of mandate for review of the order pursuant to Section 1094.5 of the Code of Civil Procedure within thirty (30) days after service of a copy of the order; and
(11) such other provisions that the Commission has approved, including provisions relating to:
(A) a disclaimer of any effect of the order upon any duties, rights, or obligations under private agreements or under regulations of other public bodies;
(B) the obligation to conform strictly to the order and the consequences of the failure to do so; and
(C) the fact that the order does not constitute a recognition of property rights.
(b) A cease and desist order can be combined with a permit revocation order or a civil penalty order so long as the combined order contains all the information required under these regulations for both such orders.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Repealer of former Section 11340, and renumbering and amendment of former Section 11343 to Section 11340 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11341. Modifications of Cease and Desist Orders Issued by the Executive Director.
Note     •     History

The Executive Director may modify a cease and desist order that he or she has issued, but he or she shall not do so in a manner that extends the 90-day expiration period provided for in Section 66637 of the Government Code unless a respondent stipulates in writing to the extension. The Executive Director may, however, issue consecutive cease and desist orders for a persisting violation or a persisting threatened violation.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11341 to Section 11334, and renumbering and amendment of former Section 11344(a) to Section 11341 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30. 
§11342. Modification of Cease and Desist Orders Issued by the Commission.
Note     •     History

The Executive Director may modify a cease and desist order issued by the Commission if the modification would not be a material alteration of the order.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11342 to Section 11370, and renumbering and amendment of former Section 11344(b) to Section 11342 filed 10-11-89; operative 11-10-89 (Register 89. No. 43). For prior history, see Register 87, No. 30.
§11343. Appeal from the Modification of a Commission Cease and Desist Order.
Note     •     History

(a) A person who has been personally served with a Commission cease and desist order or to whom the Commission has mailed by certified mail a cease and desist order and to whom the order is directed may appeal to the Commission any modification of the order by the Executive Director.
(b) If the appeal is complete and filed within ten days of the personal service or mailing by certified mail of the modification to the order, the appeal shall stay the effect of the modification, but the previously effective order shall remain in effect.
(c) Appeals to modifications of a cease and desist order by the Executive Director cannot be filed more than ten days after the personal service or mailing by certified mail of the modification.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11343 to Section 11340, and renumbering and amendment of former Section 11344(c) to Section 11343 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30.
§11344. Amendments to Cease and Desist Orders.
Note     •     History

NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; Section 29601, Public Resources Code; and Bel Mar Estates v. California Coastal Commission (1981) Cal. App. 3d 936, 940.
HISTORY

1. Renumbering and amendment of former Section 11344 to Sections 11341, 11342, and 11343 filed 10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No. 30. 
§11350. Contents of Permit Revocation Orders.
Note     •     History

(a) Commission permit revocation orders shall be signed by the Executive Director and shall contain the following:
(1) the names of the person or persons who have violated a term or condition of a Commission permit or a Commission cease and desist order or who have misstated any information on a permit application or at a public hearing;
(2) an identification of the term or condition of a permit or a cease and desist order that was violated, the information that was misstated on the permit application;
(3) the effective date of the order;
(4) the work and uses that are no longer authorized and the date by which any corrective actions or termination of uses must occur;
(5) any terms, conditions, or other provisions that the Commission may determine that, if complied with, could avoid revocation of the permit;
(6) written findings that (A) explain the decision to issue the permit revocation order and (B) provide the factual and legal basis for the issuance of the order;
(7) notice that an aggrieved party can file with the superior court a petition for a writ of mandate for review of the order pursuant to Section 1094.5 of the Code of Civil Procedure.
(b) A permit revocation order can be combined with a cease and desist order and a civil penalty order so long as the combined order contains all the information required by these regulations for both types of orders.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11351. Modification of Permit Revocation Orders.
Note     •     History

The Executive Director may modify a permit revocation order if the modification would not materially change the order.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66641(d), Government Code; and Section 29600, Public Resources Code.
HISTORY

1. New section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11352. Appeal from Modification of a Permit Revocation Order.
Note     •     History

(a) A person to whom the Commission has issued a permit revocation order may appeal to the Commission any modification of the order by the Executive Director by filing within ten (10) days of the date of the personal service or mailing by certified mail of the modification a written statement that the party is appealing the modification and the reasons for the appeal.
(b) If the appeal is complete and filed within ten days of the personal service or mailing by certified mail of the modification to the order, the appeal shall stay the effect of the modification, but the previously effective order shall remain in effect.
(c) Appeals to modifications of a permit revocation order by the Executive Director cannot be filed more than ten days after the personal service or mailing by certified mail of the modification.
NOTE

Authority cited: section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66641(d), Government Code; and Section 29600, Public Resources Code.
HISTORY

1. New section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11360. Preparation and Execution of Commission Cease and Desist Orders and Permit Revocation Orders.
Note     •     History

The Executive Director shall prepare and sign a cease and desist order or a permit revocation order authorized by the Commission no later than the fifth (5th) working day following approval.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; and Section 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11051 to Section 11360 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 73, No. 50.
§11361. Issuance.
Note     •     History

“Issuance” of a cease and desist order, a permit revocation order, a civil penalty order, or of any modification of such orders, is complete when the Executive Director executes the original copies of the order or modification and they are stamped “Issued BCDC” with the date.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66638 and 66641.6, Government Code; and Sections 29600 and 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11050 to Section 11361 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 73, No. 50.
2. Amendment filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11362. Service of Copies.
Note     •     History

(a) Persons to Whom the Order or Modification is Issued. The Executive Director shall cause to be personally served or mailed by certified mail an original copy of a cease and desist order, a permit revocation order, and of any modifications to each person to whom the order is being issued no later than the second working day following the date of issuance. The Executive Director shall cause to be personally served or mail by registered mail a civil penalty order or modification to such order to each person to whom the order is being issued no later than the second working day following the date of issuance.
(b) Other Interested Persons. The Executive Director shall personally serve on or shall mail by regular mail a copy of a cease and desist order or a permit revocation order authorized by the Commission and of any modification to each person who appeared at the hearing and submitted a written request for a copy as soon as possible after the Commission authorized the order or modification. (For civil penalty orders, see subdivision (d) of Government Code Section 66641.6.)
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66638 and 66641.6, Government Code; and Sections 29600 and 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11052 to Section 11362 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 73, No. 50.
2. Amendment filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11370. Enforcement Record.
Note     •     History

The record of an enforcement proceeding shall consist of
(a) the violation report, including all documents referred to in the report;
(b) any complaint for civil penalties;
(c) all timely filed statement of defense form(s);
(d) all untimely filed statement of defense forms that have nevertheless been admitted into evidence;
(e) the staff recommended enforcement decision, including all documents referred to in the recommendation,
(f) minutes of all enforcement committee and Commission enforcement hearings and deliberations, provided, that if eyewitness or expert testimony is allowed at the enforcement hearing, a verbatim transcript of such testimony shall also be included;
(g) all evidence submitted but rejected because it was not filed in a timely manner or violated Section 11328, with a notation that it was rejected and is included in the record only so that a reviewing court will know what evidence was rejected;
(h) any enforcement committee's or hearing officer's recommended enforcement decision,
(i) any order that the Commission issues,
(j) all other materials maintained in the Commission's file for the enforcement matter,
(k) such other permit or other Commission files as have explicitly been made a part of the record,
(l) the McAteer-Petris Act,
(m) the San Francisco Bay Plan,
(n) the Suisun Marsh Preservation Act,
(o) the Suisun Marsh Protection Plan,
(p) the Suisun Marsh Local Protection Program, and
(q) the Commission's regulations.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29210(e), Public Resources Code. Reference: Sections 66639-66640 and 66641.7, Government Code; and Sections 29600 and 29601, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Section 11342 to Section 11370 filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11380. Contents of Complaint for Administrative Imposition of Civil Penalties.
Note     •     History

The complaint shall follow the same format as required for a Violation Report in Appendix H to these regulations.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Section 66641.6, Government Code.
HISTORY

1. New section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11381. Commission Hearing on Complaint for Administrative Imposition of Civil Penalties.
Note     •     History

(a) The Commission shall comply with the requirements of Cal. Govt. Code Section 66641.6(b) by either (1) hearing the matter itself within 60 days of the service of the complaint or (2) by having the enforcement committee hold a hearing within 60 days of the service of the complaint.
(b) The Executive Director shall determine whether to refer a complaint for the administrative imposition of civil penalties to the Commission or to the enforcement committee.
(c) When the Executive Director determines whether to refer a complaint for civil penalties to the Commission or to the enforcement committee, he or she shall consider the following factors:
(1) the time that it would take the Commission or enforcement committee to complete consideration of the complaint,
(2) the relative workloads of the Commission and the enforcement committee at the time,
(3) whether the complaint involves any policy issues that should be determined by the Commission initially,
(4) whether the Commission or the enforcement committee has already heard any enforcement matter that is related to the complaint, and
(5) any request by the Commission that it hear the matter directly.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Section 66641.6, Government Code.
HISTORY

1. New section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11382. Further Procedures for Commission Review of Complaints for the Issuance of Civil Penalty Orders.
Note     •     History

The Commission shall follow the procedures established by Sections 11310 and 11321 through 11334 and Sections 11361 through 11370 of these regulations when it considers recommended enforcement decisions from either the staff or the enforcement committee or a hearing officer relative to the possible administrative imposition of civil penalties.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66641.6 and 66641.9, Government Code.
HISTORY

1. New section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11383. Contents of a Commission Civil Penalty Order.
Note     •     History

(a) A Commission civil penalty order shall be signed by the Executive Director and shall contain the following:
(1) the name(s) of the person(s) required to pay the civil penalty;
(2) the amount of the civil penalty;
(3) the date by which the civil penalty must be paid;
(4) written findings that (1) explain the decision to issue the civil penalty order and (2) provide the factual and legal basis for the issuance of the order, and
(5) notice that a person to whom the Commission issues a civil penalty order may file with the superior court a petition for writ of mandate for review of the order pursuant to Section 1094.5 of the Code of Civil Procedure within thirty (30) days after service of a copy of the order.
(b) A civil penalty order can be combined with a cease and desist order or a permit revocation order so long as the information required under these regulations for both is contained in the combined order.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66641.6 and 66641.9, Government Code.
HISTORY

1. New section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11384. Modification of a Commission Civil Penalty Order.
Note     •     History

The Executive Director may modify a civil penalty order if the modification would not alter the amount of the penalty or otherwise materially change the order.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66641.5, 66641.6 and 66641.9, Government Code.
HISTORY

1. New section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11385. Appeal from Modification of a Permit Revocation Order.
Note     •     History

(a) A person to whom the Commission has issued a civil penalty order may appeal to the Commission any modification of the order by the Executive Director by filing within ten (10) days of the date of personal service or mailing by registered mail of the modification a written statement that the party is appealing the modification and the reasons for the appeal.
(b) If the appeal is complete and filed within ten days of the personal service or mailing by registered mail of the modification to the order, the appeal shall stay the effect of the modification, but the previously effective order shall remain in effect.
(c) Appeals to modifications of a civil penalty order by the Executive Director cannot be filed more than ten days after the personal service or mailing by registered mail of the modification.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66641.5, 66641.6 and 66641.9, Government Code.
HISTORY

1. New section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11386. Standardized Fines.
Note     •     History

(a) This Section shall apply to an enforcement action if the Executive Director determines: 
(1) that an alleged violation is one of the types identified in subsection 11386(e); 
(2) that the alleged violation has not resulted in significant harm to the Bay's resources or to existing or future public access; and
(3) that the alleged violation can be corrected in a manner consistent with the Commission's laws and policies.
(b) Except as provided in subsection (g), if this Section applies to an enforcement action, the Executive Director shall mail a written notice to the person(s) believed to be responsible for the alleged violation that contains all of the following information:
(1) the nature of the alleged violation and each and every action that must be taken to correct the alleged violation;
(2) the fact that if the alleged violation is fully corrected within 35 days of the mailing of the notice, the Commission shall not impose any civil penalty; and
(3) the fact that if the alleged violation is not fully corrected within 35 days of mailing of the notice, the person believed to be responsible for the alleged violation may be subject to the payment of a civil penalty and may resolve the penalty portion of the alleged violation by paying the standardized fine specified in subsections (e), and (f) without having to go through a formal enforcement proceeding pursuant to Sections 11300 through 11385 except as provided in subsection (h).
(c) Except as provided in subsection (g), if the person believed to be responsible for the alleged violation completes each and every corrective action specified in the notice pursuant to subsection (b) within thirty-five (35) days after the mailing of the notice, the Commission shall not impose any standardized or other fine.
(d) Except as provided in subsections (g) and (h), if the person believed to be responsible for the alleged violation fails to complete one or more of the corrective actions required by the notice pursuant to subsection (b) within thirty-five (35) days after the date of the mailing of the notice, the responsible person may resolve the penalty portion of the alleged violation by completing each and every action required by the notice sent pursuant to subsection (b) and by paying a fine in the amount provided in subsections (e) and (f).
(e) The following standardized civil penalties shall apply to the following types of alleged violations:
(1) for the failure to return an executed Commission permit before commencing the work authorized by the permit:
(A) if the fully executed permit is returned between thirty-six (36) and sixty-five (65) days after the date of the mailing of the notice required by subsection (b): ONE THOUSAND DOLLARS ($1,000.00); or
(B) if the fully executed permit is returned more than sixty-five (65) days after the date of the mailing of the notice required by subsection (b): THREE THOUSAND DOLLARS ($3,000.00) plus ONE HUNDRED DOLLARS ($100.00) per day from the sixty-fifth (65) day to the date the fully executed permit is received by the staff.
(2) for the failure to submit any document other than an executed Commission permit in the form, manner or time required by a Commission permit:
(A) if a required document is submitted between thirty-six (36) and sixty-five (65) days after the date of the mailing of the notice required by subsection (b): ONE THOUSAND DOLLARS ($1,000.00) per document;
(B) if a required document is submitted between sixty-six (66) and ninety five (95) days after the date of the mailing of the notice required by subsection (b): THREE THOUSAND DOLLARS ($3,000.00) per document; or
(C) if a required document is submitted more than ninety-five (95) days after the date of the mailing of the notice required by subsection (b): THREE THOUSAND DOLLARS ($3,000.00) for each document plus ONE HUNDRED DOLLARS ($100.00) per day for each document, from the ninety-sixth (96th) day to the date the document is received by the staff.
(3) for the failure to comply with any condition required by a Commission permit not covered by subsections (e)(1) and (e)(2):
(A) if corrected between thirty-six (36) and sixty-five (65) days after the date of the mailing of the notice required by subsection (b): ONE THOUSAND DOLLARS ($1,000.00) for each violation of each separate permit requirement; or
(B) if corrected between sixty-six (66) and ninety-five (95) days after the date of the mailing of the notice required by subsection (b): THREE THOUSAND DOLLARS ($3,000.00) for each violation of each separate permit requirement; or
(C) if corrected more than ninety-five (95) days after the date of the mailing of the notice required by subsection (b): THREE THOUSAND DOLLARS ($3,000.00) for each violation of each separate permit requirement, plus ONE HUNDRED DOLLARS ($100.00) per day for each violation, from the ninety-sixth (96th) day to the date the required improvements are provided.
(4) for the failure to obtain a Commission permit prior to undertaking any activity that can be authorized by an administrative permit:
(A) if either a filable application is submitted between thirty-six (36) and sixty-five (65) days and a permit is obtained within one hundred and fifty-five (155) days after the date of the mailing of the notice required by subsection (b) or the unauthorized activity is completely corrected between thirty-six (36) and sixty-five (65) days after the date of the mailing of the notice required by subsection (b): TWO THOUSAND DOLLARS ($2,000.00);
(B) if either a filable application is submitted between sixty-six (66) and ninety-five (95) days and a permit is obtained within one hundred and eighty-five (185) days after the date of the mailing of the notice required by subsection (b) or the unauthorized activity is completely corrected between sixty-six (66) and ninety-five (95) days after the date of the mailing of the notice required by subsection (b): FIVE THOUSAND DOLLARS ($5,000.00); 
(C) if a filable application is submitted more than ninety-five (95) days after the date of the mailing of the notice required by subsection (b) or the unauthorized activity is completely corrected within the same time limits: FIVE THOUSAND DOLLARS ($5,000.00) plus ONE HUNDRED DOLLARS ($100.00) per day from the ninety-sixth (96th) day to the date a permit is obtained or the activity is completely corrected.
(5) for the failure to obtain a Commission permit prior to undertaking any activity that can be authorized by a regionwide permit:
(A) if either a filable application is submitted between thirty-six (36) and sixty-five (65) days and a permit is obtained within one hundred and fifty-five (155) days after the date of the mailing of the notice required by subsection (b) or the unauthorized activity is completely corrected between thirty-six (36) and sixty-five (65) days after the date of the mailing of the notice required by subsection (b): ONE THOUSAND DOLLARS ($1,000.00);
(B) if either a filable application is submitted between sixty-six (66) and ninety-five (95) days and a permit is obtained within one hundred and eighty-five (185) days after the date of the mailing of the notice required by subsection (b) or the unauthorized activity is completely corrected between sixty-six (66) and ninety-five (95) days after the date of the mailing of the notice required by subsection (b): TWO THOUSAND DOLLARS ($2,000.00); 
(C) if a filable application is submitted more than ninety-five (95) days after the date of the mailing of the notice required by subsection (b) or the unauthorized activity is completely corrected within the same time limits: TWO THOUSAND DOLLARS ($2,000.00) plus ONE HUNDRED DOLLARS ($100.00) per day from the ninety-sixth (96th) day to the date a permit is obtained, or the unauthorized activity is completely corrected.
(6) for the placement of fill, the extraction of materials or a change in use that could not be authorized under the Commission's laws and policies but is an activity similar in size and scope to the activities listed in Sections 10601(a) through 10601(e):
(A)  if the violation is corrected and the area restored to its prior status between thirty-six (36) and sixty-five (65) days after the mailing of the notice required by subsection (b): THREE THOUSAND DOLLARS ($3,000.00);
(B) if the violation is corrected and the area restored to its prior status between sixty-six (66) and ninety-five (95) days after the mailing of the notice required by subsection (b): EIGHT THOUSAND DOLLARS ($8,000.00); 
(C) if the violation is corrected and the area returned to its prior status more than 95 days after the mailing of the notice required by subsection (b): EIGHT THOUSAND DOLLARS ($8,000.00) plus ONE HUNDRED DOLLARS ($100.00) per day to the date the violation is completely corrected.
(f) A person believed to be responsible for any alleged violation must pay double the amount listed in subsection (e) to resolve the civil penalty portion of the alleged violation if that person has previously paid any standardized fine pursuant to section 11386 within the five years prior to resolution of the alleged violation.
(g) If a violation resolved pursuant to subsection (c) is repeated by the same person within five years of the resolution of the prior violation, subsections (c), (e), and (f) shall not apply. Instead, the person believed to be responsible for the subsequent alleged violation may resolve the civil penalty portion of the subsequent alleged violation by paying ONE HUNDRED DOLLARS ($100.00) per day for each day the subsequent alleged violation occurs or persists.
(h) If the person responsible for the alleged violation does not complete all the required corrective actions and pay the appropriate standardized civil penalties within the time limits specified by the Executive Director or, if no time limit is specified, within 125 days of the notice mailed pursuant to subsection (b), the Executive Director may commence enforcement proceedings in accordance with Sections 11300 through 11385. If the Executive Director determines that an alleged violator has not made a good-faith effort to correct an alleged violation, the Executive Director may terminate the opportunity for settlement using the standardized fine process thirty-five (35) days after mailing a notice stating that the process will no longer be available.
(i) After the violation has been completely resolved, if any person subject to the standardized civil penalties listed in subsections (e), (f), and (g) believes that the amount is inappropriate, that person can appeal the proposed amount of the penalty to the Executive Director and the Chair, who can reduce the amount of the standardized civil penalty to an amount that they believe is appropriate.
(j) If any person subject to the standardized civil penalties listed in subsections (e), (f), and (g) believes that the time limit established pursuant to subsection (h) is inappropriate, that person may appeal the time limit to the Executive Director and the Chair, who can modify the time limit as they believe appropriate.
(k) Any person believed to be responsible for an alleged violation is entitled to a formal enforcement hearing according to sections 11300 through 11385 if that person believes it is necessary to fairly determine the appropriate remedy or civil penalty amount.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66641.5, Government Code; and Sections 29201(e) and 29610, Public Resources Code.
HISTORY

1. New section filed 2-26-93; operative 3-29-93 (Register 93, No. 9).
2. Amendment filed 6-26-97; operative 7-26-97 (Register 97, No. 26).
3. Amendment of section and Note filed 12-9-98; operative 1-8-99 (Register 98, No. 50).
4. Amendment filed 5-22-2003; operative 6-21-2003 (Register 2003, No. 21).
Chapter 14. Marsh Development Permits Issued by Local Governments and Appeals Therefrom
Subchapter 1. Marsh Development Permits Issued by Local Governments
Article 1. Application
§11400. Application of Chapter.
Note     •     History

This Chapter shall govern the issuance of a marsh development permit or any other local permit that incorporates the provisions of a marsh development permit, hereinafter referred to as “a marsh development authorization,” by local governments pursuant to California Public Resources Code Section 29502(a) and appeals from marsh development authorizations issued by local governments.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Section 29502, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11225 to Section 11400 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39. 
Article 2. Marsh Development Permits Issued by Local Governments
§11410. Order of Permits.
Note     •     History

If a Suisun Marsh development requires both a marsh development permit from the Commission and a marsh development authorization from a local government because part of the development site is located within either the primary management area of the Suisun Marsh or within tidelands, submerged lands, or other public trust lands within the secondary management area and if another part of the development site is located within the secondary management area of the Suisun Marsh, the person or entity who proposes the development shall first obtain the marsh development authorization from the appropriate local government for that part of the site or development that is within the secondary management area and shall also first obtain a local report that complies with the requirements of Appendix G, No. 29 from the appropriate local government(s) for that portion of the development site that is within the primary management area before requesting a marsh development permit from the Commission for that part of the site or development that is within the primary management area.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29300 and 29502, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§11411. Application.
Note     •     History

(a) The person or entity applying for a marsh development authorization from local government for a development within the secondary management area shall submit to the local government and the local government shall require the person or entity to provide the following:
(1) an application that provides detailed information about the development and that includes a site plan that shows the property lines of the site and the location and extent of existing and proposed work and uses information that clearly distinguishes existing improvements from proposed improvements, and existing shoreline public access areas from proposed shoreline public access areas, the location of any existing levees and water transporting and water control structures, and information that identifies all building elevations, the approximate distance from the development to the nearest marsh, the location of any managed wetland and any tidal area in the vicinity, and the name and location of the nearest public road;
(2) a statement that describes all environmental impacts that may arise from the proposed development with supporting facts and information;
(3) a statement that the person signing the application is either the applicant or has the authority to bind legally the applicant;
(4) sufficient evidence that shows the applicant either owns the land, has a lease of sufficient duration to allow a reasonable return on any investment, or has an enforceable option on the land on which the development will occur or other similar authority to use the property; and
(5) a statement under penalty of perjury by the person signing the application that all the information submitted is complete and accurate.
(b) The local government may either incorporate the request for this information into its existing applications forms or may request this information separately.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Section 29502, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11227 to Section 11411 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
§11412. Notice to the Commission of Pending Applications.
Note     •     History

(a) Within five (5) working days of the filing of an application with the local government for a marsh development authorization, the local government shall provide in writing to the Commission the following information:
(1) the fact of the application;
(2) the nature of the project;
(3) the date the local government filed the application;
(4) the date of any public hearing(s) that will be held; and
(5) an estimated date when the local government will take final action.
(b) The local government shall also promptly notify the Commission within five (5) working days of any changes to the application.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29511, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§11413. Local Government Notice to Other Persons of Pending Applications.
Note     •     History

(a) The local government shall notify in writing the following entities of a pending application for a marsh development authorization:
(1) the California Department of Fish and Game, Region III;
(2) the State Lands Commission;
(3) the Solano County Mosquito Abatement District;
(4) the Suisun Resource Conservation District;
(5) the San Francisco Bay Regional Water Quality Control Board;
(6) all owners of adjacent property; and
(7) all persons and organizations who have requested such notice in writing.
(b) The local government shall mail such notice at least ten (10) days prior to the date of any public hearing.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29521-29524, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11228 to Section 11413 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
§11414. Contents of Local Government Notice.
Note     •     History

The notice required by Section 11413 shall contain the following:
(a) The name, address, and telephone number of the local government staff person assigned to the project;
(b) sufficient information about the proposed project and the site to allow the recipient to identify the applicable policies of the Suisun Marsh Protection Plan and the Suisun Marsh Preservation Act if the Commission has not certified a local protection program or of the certified local protection program if the Commission has certified one;
(c) a request for comments on the application and the date by which the local government must receive comments;
(d) a statement of when and where any public hearing(s) will be held; and
(e) a brief description of the procedures for appealing a local governmental decision to other local governmental bodies and to the Commission, including the fact that a local government marsh development permit shall become final and unappealable unless either an aggrieved party or two (2) or more Commissioners appeal the issuance of the permit within twenty (20) working days of the receipt of the notice of the final action.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29521-29524, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11228 to Section 11414 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39. 
Article 3. Issuance of Local Marsh Development Authorizations
§11420. Contents of Local Marsh Development Authorization.
Note     •     History

Any marsh development authorization issued by a local government shall be in writing and shall include the following:
(a) a notice to the permittee that the authorization shall not become final until all of the following time periods have passed:
(1) the time period for appealing the action to a higher body within the local government as provided for in the local procedures, and
(2) the twenty (20) working day period after the Commission has received notice of the local government's final action;
(b) a statement that specifically indicates that the local government issued the authorization wholly or partly as a permit required by the Suisun Marsh Preservation Act; and
(c) specific findings that support the issuance of the authorization by relating the facts of the project to the applicable policies of the Suisun Marsh Protection Plan and the Suisun Marsh Preservation Act if the Commission as not yet certified the local protection program or, after the Commission has certified the local protection program, to the policies of the local protection program.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502, 29503, 29521 and 29522, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11235 to Section 11420 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
§11421. Finality of Local Marsh Development Authorization.
Note     •     History

(a) No local marsh development authorization shall become effective until all time periods for appealing the action within the local government and to the Commission have expired without the filing by the Commission of an appeal or until the Commission determines that an appeal raises no substantial issue of compliance with either California Public Resources Code Sections 29000 through 29612 and the Suisun Marsh Protection Plan if no certified Suisun Marsh Local Protection Program exists or with the certified Suisun Marsh Local Protection Program if one does exist.
(b) The twenty (20) working day time period for appealing to the Commission shall not commence until the receipt of the notice of final local action as required by Section 11430.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29522, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11236 to Section 11421 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
Article 4. Commission Review of Marsh Development Authorization
§11430. Notice of Final Local Action.
Note     •     History

The local government shall notify the Commission, Attention: Executive Director, in writing of its final action taken on an application for a marsh development authorization for a development within the secondary management area. The notice shall be dated, shall be delivered by mail or hand delivered, and shall indicate whether the local government issued or denied the authorization, the date on which it acted, and whether its action may be appealed to a higher local body. If the local government granted an authorization, it shall attach a copy of the authorization and all conditions and copy of any local government staff report to the notice.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29521, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11229 to Section 11430 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
§11431. Filing of Notice.
Note     •     History

(a) If the notice of final action complies with the provisions of Section 11430, the Executive Director shall file the notice and date stamp it.
(b) If the Executive Director determines that he or she cannot file the notice because it does not comply with Section 11430, the Executive Director shall return the notice to the local government within five (5) working days of its receipt with a letter that indicates the defects that prevent the notice from being filed.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 2952 and 29521, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11245 to Section 11431 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
§11432. Notice to Public by Executive Director.
Note     •     History

The Executive Director shall notify the Commission and all interested persons who have requested such notification in writing the issuance of local marsh development authorizations in a manner reasonably calculated to allow time for review of the authorization and the filing of an appeal. Commission notification shall ordinarily consist of adding information about the issuance of a local marsh development authorization to the administrative listing prepared pursuant to Section 10620.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29521, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11246 to Section 11432 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
Subchapter 2. Appeals to the Commission of Local Marsh Development Authorizations
Article 1. Filing Appeals
§11440. Appealing the Issuance of a Local Government Marsh Development Authorization.
Note     •     History

(a) The appeal shall be submitted on a form approved by the Commission as Appendix L to these regulations or by letter containing substantially the same information that the form requires.
(b) The Executive Director shall file an appeal only if:
(1) the completed form(s) or letter(s) contain all the information required on the Commission-approved form, and
(2) the Commission has received the letter or form or, in the case of two letters or forms, the last letter or form on or before the twentieth (20th) working day after receipt of the notice of final local action.
(c) “Filing” is complete when the original letter(s) or form(s) are stamped “Filed BCDC” with the date of filing.
(d) If the Executive Director determines that an appeal does not meet the requirements for filing or involves only a non-appealable matter, he or she shall within (30) days of receiving the appeal notify the party or parties who submitted the appeal of the reasons why he or she cannot file the appeal.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502, 29521 and 29522, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11255 to Section 11440 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
§11441. Effect of Appeal to the Commission.
Note     •     History

Upon filing an appeal, the Executive Director shall notify the recipient of the authorization and the affected local government that the appeal has stayed the operation and effect of the marsh development authorization pending final action on the appeal by the Commission.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29522, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11256 to Section 11441 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
§11442. Duties of Affected Local Government on Appeal.
Note     •     History

Within five (5) working days of receipt of a notice of appeal from the Commission, the affected local government shall deliver to the Executive Director all documents and materials relating to the development and the local government action on the authorization application. Such materials shall include, but are not limited to, the application for the authorization, all environmental documents, staff reports, resolutions of approval, conditions attached to the approval, and, if available, the minutes of the meeting(s) at which the matter was considered. The local government may, at its discretion, provide authenticated copies in lieu of the original file materials.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29522, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11256 to Section 11442 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
Article 2. Appeal Procedures
§11450. Determination to Consider Appeal.
Note     •     History

(a) Prior to hearing an appeal, the Commission shall determine whether the appeal does not raise any substantial issue regarding the development's conformity with the provisions of California Public Resources Code Sections 29000 through 29612 and the policies of the Suisun Marsh Protection Plan and the Bay Plan if no certified local protection program exists or, if a certified local protection program exists, with the provisions of the certified local protection program.
(b) The Commission shall determine whether the appeal does not raise any substantial issue only after the staff has presented a recommendation on the substantial issue question. Such recommendation shall ordinarily be made by oral report.
(c) Unless the Commission determines by a majority vote of those present and voting that the appeal does not raise any substantial issue, the Commission shall proceed to hear the appeal. If the Commission determines that the appeal does not raise any substantial issue, it shall dismiss the appeal.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502, 29522 and 29523, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11265 to Section 11450 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
§11451. Public Hearing Procedures.
Note     •     History

The Commission shall determine the appeal by conducting a de novo consideration of the application in accordance with the procedures set forth in Sections 10380 through 10540.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29524, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11266 to Section 11451 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
§11452. Notification of Commission Action to Local Government.
Note     •     History

The Commission shall notify the local government, the applicant, and the appealing party(ies) in writing of the action taken by the Commission. The notification should be transmitted within ten (10) working days of the final action.
NOTE

Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Section 29524, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 11267 to Section 11452 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
Chapter 15. Implementation of the California Environmental Quality Act
Subchapter 1. When the Commission Is the Lead Agency
Article 1. Environmental Determinations of Exemption
§11500. Statutory Exemptions.
Note     •     History

If the Commission is acting as the lead agency:
(a) Prior to filing an application for a Commission permit or to preparing the staff planning report on a planning matter, the Executive Director shall determine if the proposed activity is statutorily exempt under California Public Resources Code Section 21080(b) from the necessity of preparing any environmental documentation.
(b) If the Executive Director determines that the proposed activity is statutorily exempt, he or she shall place a written statement of that determination and the basis for it in the appropriate file and shall include the fact of that determination and the basis for it in the application summary, in the staff planning report, or in the notice of hearing on the planning study if one is scheduled.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 21080(b), 21080.5 and 21166, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§11501. Categorical Exemptions.
Note     •     History

When the Commission is the lead agency and the Executive Director has determined that the proposed activity is not statutorily exempt under California Public Resources Code Section 21080(b):
(a) Prior to filing an application for a Commission permit or to preparing the staff planning report on a planning matter, the Executive Director shall determine if the proposed activity is categorically exempt under California Public Resources Code Section 21084 and 14 California Code of Regulations Sections 15300 through 15329 from the necessity of preparing any environmental documentation.
(b) Projects for which the Commission issues administrative permits pursuant to Section 10601(a)(1), (3, (4), (5), (6), (7) or (8), or Sections 10601(b), (c), (d)(1), (d)(2) or (f) are usually categorically exempt under subdivision (a) of this section, provided that such projects will not be considered categorically exempt when they either (1) may have an adverse impact on an environmental resource or involve a hazard of critical concern or (2) may have a cumulatively adverse impact when considered with successively similar projects.
(c) If the Executive Director determines that the proposed activity is categorically exempt, he or she shall place a written statement of that determination and the basis for it in the appropriate file and shall include the fact of that determination and the basis for it in the application summary, in the staff planning report on the amendment, or in the notice of hearing for the planning study, if one has been scheduled.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21000, 21080.5, 2084 and 21166, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10910 to Section 11501 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
2. Amendment of subsections (a) and (b) filed 7-31-96; operative 8-30-96 (Register 96, No. 31).
Article 2. Initial Environmental Information and Determination If Environmental Assessment Required
§11510. Executive Director to Prepare Initial Environmental Assessment Information.
Note     •     History

(a) When the Commission is the lead agency and the Executive Director determines that proposed activity is neither statutorily exempt nor categorically exempt, the Executive Director shall decide what information will be necessary to evaluate the possible environmental impacts of the proposed activity and to prepare an environmental assessment if necessary, the level of expertise required to prepare the assessment and to what extent the staff may need the assistance of a consultant either to prepare the entire assessment or to provide specific or technical reports to prepare or to help prepare part of the assessment.
(b) The proponent shall provide such information in time to allow the Commission staff to determine if the proposed activity may have a significant adverse environmental impact and, if the staff so decides, to prepare an environmental assessment before the Commission staff files the permit application, publishes the staff planning report for the plan amendment, or publishes a notice for the other planning activity.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10930 to Section 11510 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11511. Determination of Significant Adverse Environmental Impacts and Preparation of an Environmental Assessment.
Note     •     History

(a) When the Commission is lead agency and the Executive Director has determined that a proposed activity is not statutorily exempt and is not categorically exempt, he or she shall next determine if the proposed activity may have any individually or cumulatively substantial adverse impact on the physical environment.
(b) If the Commission is the lead agency and the Executive Director determines that a proposed activity is not statutorily exempt, is not categorically exempt, and will not have any significant adverse impact on the physical environment either individually or cumulatively, he or she shall place a written statement of that determination and the basis for it in the appropriate file and shall include the fact of that determination and the basis for it in the application summary, in the staff planning report on the amendment, or in the notice of hearing for the planning study, if one has been scheduled.
(c) If the Commission is the lead agency and the Executive Director determines that the proposed activity is not statutorily exempt, is not categorically exempt, and may have a significant adverse impact on the physical environment either individually or cumulatively, the Commission shall prepare an environmental assessment that complies with Section 11521 and shall include the assessment in the application summary, the staff planning report, or combined staff planning report and recommendation.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§11512. Notification of Applicant or Proponent.
Note     •     History

The Executive Director shall promptly notify the applicant for a Commission permit and the proponent of any planning study or plan amendment if the Executive Director determines that an environmental assessment must be prepared.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Article 3. Preparation of an Environmental Assessment
§11520. Use of a Federal Environmental Impact Statement as an Environmental Assessment.
Note     •     History

(a) When a federal environmental impact statement or its equivalent has been or will be prepared in time for the Commission to use it as an environmental assessment, the Commission may use it as an environmental assessment if it contains all the information needed in an assessment or if the Commission can supplement it so it will contain all the information needed in an assessment.
(b) If the Commission uses a federal environmental impact statement or its equivalent as its environmental assessment, it should add or supplement a discussion of mitigation, growth-inducing impact, and energy conservation if the environmental impact statement does not include an adequate discussion of these elements.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 21080.5 and 21080.7, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§11521. Contents of an Environmental Assessment.
Note     •     History

An assessment of the substantial adverse impacts of a proposed activity shall contain a summary of the following:
(a) A brief description of the proposed activity;
(b) all substantial, adverse environmental impacts that the proposed activity may cause;
(c) all irreversible environmental impacts that the proposed activity may cause;
(d) any feasible mitigation measures that would reduce such substantial adverse environmental impacts;
(e) any feasible alternatives, including design alternatives, to the proposed project that would reduce such substantial adverse environmental impacts; and
(f) such other information that the Executive Director believes appropriate.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Article 4. Use of Consultants
§11530. Notification of Applicant.
Note     •     History

Whenever the Executive Director determines that a consultant will be needed to prepare an environmental assessment or to provide information to be used in an assessment, the Executive Director shall promptly notify the potential applicant for a permit that a consultant will be needed and that the applicant must bear the cost of the consultant.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 21080.5, Public Resources Code.
HISTORY

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§11531. Selection of a Consultant.
Note     •     History

In order to select a consultant to prepare or to help prepare an environmental assessment, the Executive Director shall:
(a) select three (3) consultants known to have the necessary expertise and obtain from each consultant an estimate of the maximum fees that would be charged for the preparation of the assessment;
(b) after consulting with the applicant, and based on the estimates and previously submitted information about the consultant, choose a consultant who will establish a fixed cost to be incurred in the preparation of the assessment;
(c) notify the applicant of the consultant selected and the amount of the cost;
(d) deposit the environmental assessment fees submitted by the applicant in an account that the Commission maintains for such purposes;
(e) enter into an agreement for the preparation of the assessment or part of the assessment; and
(f) pay the consultant according to a mutually agreed on schedule of payments, usually in installments of twenty-five percent (25%) of the total fee, with twenty-five percent (25%) withheld until the Commission has taken final action on the assessment.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 21080.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10941 to Section 11531 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11532. Fees in Excess of Estimates.
Note     •     History

The Commission will not be responsible under any circumstances for fees that exceed the previously-determined ceiling. The consultant should consider this fact when he or she estimates the fees and costs involved, and every contract for consultant assistance into which the Commission enters shall include a provision to this effect.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code; and Section 66632(a), Government Code.
HISTORY

1. Renumbering and amendment of Section 10942 to Section 11532 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11533. Relationship of Commission and Consultant.
Note     •     History

The Commission through the Executive Director shall have final responsibility for the contents of any environmental assessment that is prepared with the assistance of a consultant. The Executive Director may modify, delete, or change any portion of any material prepared by a consultant, and every contract for consultant assistance into which the Commission enters shall include a provision to this effect.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10943 to Section 11533 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11534. Use and Ownership of Consultant-Prepared Material.
Note     •     History

All studies, data, reports, and other material developed by a consultant shall be made available to the Commission for inspection, review, and copying for any purpose if the Executive Director so requests, and all such studies, data, reports, and other material shall be turned over to the Commission and become the property of the State of California when the consultant fulfills his or her responsibilities and the Commission makes final payment. The Commission shall have the right to publish, use, or change the material. Every contract for consultant assistance into which the Commission enters shall include as provision to this effect.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10950 to Section 11540 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
Article 5. Environmental Fees
§11540. Basic Fee.
Note     •     History

In addition to any other fees, an applicant for a permit shall pay a basic fee of three hundred dollars ($300.00) when the Commission prepares an environmental assessment to cover the costs of analyzing, processing, and mailing the assessment for a permit application.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520(b), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10950 to Section 11540 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11541. Preparation Fee.
Note     •     History

In addition to any other applicable fees, an applicant for a permit shall pay a fee of five hundred dollars ($500.00) to cover the costs to the Commission of preparing any environmental assessment for which the Commission needs no consultant assistance.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520(b), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10951 to Section 11541 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11542. Consultant Fees.
Note     •     History

In addition to all other applicable fees, the Commission shall charge to the applicant a fee equal to the ceiling fee for the consultant that the Executive Director determined after consultation with the applicant based on the consultant's estimate provided, however, that the Executive Director shall refund to the applicant after completion of the preparation of the assessment any part of the consultant fee not actually charged by the consultant.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520(b), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10953 to Section 11542 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11543. Exception.
Note     •     History

Whenever the Executive Director believes that the basic fee or the preparation fee does not reflect the actual cost to the Commission of analyzing or preparing required environmental documents, the Executive Director may reduce or increase the basic fee or the preparation fee by an amount not exceeding fifty percent (50%) of the normally-required amount.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520(b), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10954 to Section 11543 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11544. When Environmental Fees Must Be Paid.
Note     •     History

All applicable environmental fees must be paid by the applicant prior to the commencement of work on an environmental assessment by the Commission.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10955 to Section 11544 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
Article 6. Appeals
§11550. Grounds for Appeal.
Note     •     History

(a) Any applicant who believes that the Executive Director has improperly determined that an environmental assessment is needed for a project or that the Commission needs the use of a consultant to help prepare an environmental assessment may appeal that determination to the Commission.
(b) Any applicant who believes that the Executive Director has improperly determined the amount of an environmental fee or that the environmental fees are unreasonable may appeal that determination to the Commission.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Sections 21080.5 and 29510(b), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10960 to Section 11550 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11551. Time Limits for Appeal and Consultation.
Note     •     History

(a) Any applicant who wishes to appeal pursuant to Section 11550 shall inform the Executive Director in writing of that fact and the reasons therefore and provide all supporting documents within five (5) days of receiving written notice of the determination being appealed.
(b) Prior to placing the appeal on the Commission's agenda, the Executive Director, the Chair, and the applicant shall attempt to resolve the disagreement.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Sections 21080.5 and 29510(b), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10961 to Section 11551 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11552. Hearing an Appeal.
Note     •     History

The Executive Director shall schedule an appeal under Section 11550 that the Chair, Executive Director, and applicant cannot resolve at the soonest regularly-scheduled Commission meeting after the Chair, the Executive Director, and the applicant fail to resolve the dispute.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Sections 21080.5 and 29510(b), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10963 to Section 11552 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11553. Commission Determination.
Note     •     History

If the Commission finds that the Executive Director acted improperly or unreasonably in making the determination being appealed, it shall order the Executive Director to do what it believes is proper or reasonable.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Sections 21080.5 and 29510(b), Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10964 to Section 11553 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
Subchapter 2. When the Commission Is a Responsible Agency
§11560. Review and Comment on Environmental Documents.
Note     •     History

(a) When the Commission is not the lead agency on any activity, the Executive Director shall:
(1) review any environmental working papers or IES, environmental impact report, or environmental impact statement sent to him for consultation from the lead agency or the State Clearinghouse, determine what comments should be made on behalf of the Commission, and forward such comments to the lead agency and to the appropriate state agency for coordinating state comments;
(2) require an applicant to file prior to filing the BCDC application a single-spaced, typewritten summary of any environmental documentation already prepared by the lead agency on paper 8 1/2 x 11 inches pages in size. The summary shall indicate significant environmental issues raised during the review period or at the public hearing and the disposition of such issues, including any revision to the proposed project to mitigate its impacts or any objections, and a detailed explanation of why the applicant believes the Commission should approve the project when any objection remains unresolved or any recommendation has not been adopted. The summary shall also include the name, address, and telephone number of the governmental agency preparing or certifying the document, the date of certification, and the name, address, and telephone number of all persons who reviewed the document, and any criticism and any recommended changes they made; and
(3) include any certified environmental impact report, environmental impact statement, or certified negative declaration that is less than ten (10) pages in length, or summary thereof if the EIR, EIS, or negative declaration is longer than ten (10) pages in length, with the staff summary of the permit application.
(b) The Commission may in its discretion hold a public hearing on any environmental document submitted to it and may direct the staff to make whatever comments or to obtain whatever additional information the Commission deems appropriate.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10970 to Section 11560 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
§11561. Effect of Comments.
Note     •     History

Comments by or on behalf of the Commission concerning environmental documents are intended to help the lead agency prepare adequate environmental documents. They do not indicate what action the Commission may take when the project comes before the Commission for a permit, nor do they preclude the Commission from requiring additional environmental information regarding environmental impacts of those activities that the Commission is required by law to review.
NOTE

Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY

1. Renumbering and amendment of Section 10972 to Section 11561 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
Chapter 16. San Francisco Bay Conservation and Development Commission--Conflict of Interest Code
Note: It having been found, pursuant to Government Code Section 11409(a), that the printing of the regulations constituting the Conflict of Interest Code is impractical and these regulations being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations:

SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
30 VAN NESS AVENUE, ROOM 2011
SAN FRANCISCO, CALIFORNIA 94102

FAIR POLITICAL PRACTICES COMMISSION
1100 “K” STREET
SACRAMENTO, CALIFORNIA 95814

ARCHIVES
SECRETARY OF STATE
1020 “O” STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Chapter 16, Division 5 of Title 14 of the California Code of Regulations, and consists of sections numbered and titled as follows:

Chapter 16. San Francisco Bay Conservation and Development Commission--Conflict of Interest Code

	Section
	11600.	General Provisions
		Appendix A
		Appendix B
NOTE

Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300 et seq., Government Code.
HISTORY

1. Renumbering of section 11200 to section 11600 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 84, No. 28.
2. Amendment filed 8-23-93; operative 9-22-93. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 7-7-93 (Register 93, No. 35).
3. Amendment of Appendix filed 11-6-98; operative 12-6-98. Approved by Fair Political Practices Commission 8-31-98 (Register 98, No. 45).
4. Redesignation of portions of Appendix as Appendix A and Appendix B and amendment of newly designated Appendix B filed 2-24-2011; operative 3-26-2011. Approved by Fair Political Practices Commission 11-30-2010  (Register 2011, No. 8).
Chapter 17. Regionwide Permits
Article 1. Issuance of Regionwide Permits and Abbreviated Regionwide Permits
§11700. Regionwide Permit.
Note     •     History

The San Francisco Bay Conservation and Development Commission may issue, by resolution, one or more regionwide permits and abbreviated regionwide permits to authorize throughout its McAteer-Petris Act jurisdiction a specific category or categories of activities hat the Commission determines will have no substantial impact on areas within the Commission's McAteer-Petris Act jurisdiction, including but not limited to routine repair and maintenance of existing structures located within San Francisco Bay, a managed wetland, or a certain waterway and routine repair, maintenance, and improvements to structures located within the shoreline band. Regionwide permits and abbreviated regionwide permits have the same force and effect as other permits that the Commission issues, and the Commission may enforce the terms and conditions of regionwide and abbreviated regionwide permit in the same manner as the Commission enforces the terms and conditions of other Commission permits.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
HISTORY

1. Renumbering of Section 11300 to Section 11700 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
2. Amendment of Article 1 heading and section filed 8-6-96; operative 9-5-96 (Register 96, No. 32).
§11700.1 Abbreviations.
Note     •     History

When used in this Chapter, “Notice of Intent to Proceed” may be abbreviated as “NOI.”
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
HISTORY

1. New section filed 8-6-96; operative 9-5-96 (Register 96, No. 32).
Article 2. Notice of Intent to Proceed Under Regionwide Permits
§11710. Need to File Notice of Intent to Proceed.
Note     •     History

Prior to commencing any project for which a Commission permit is required and which the project sponsor believes is authorized by a Commission regionwide permit, the project sponsor shall submit to the Executive Director a written notice of intent to proceed that complies with Section 11711, shall receive approval of the notice of intent to proceed pursuant to Section 11713, and shall acknowledge the terms and conditions of the regionwide permit pursuant to Section 11715.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
HISTORY

1. Renumbering and amendment of Section 11310 to Section 11710 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
2. Amendment of Article 2 heading filed 8-6-96; operative 9-5-96 (Register 96, No. 32).
§11711. Contents of Notice of Intent to Proceed.
Note     •     History

The written notice of intent to proceed that Section 11710 requires shall contain the following:
(a) a detailed description of the proposed project, which may consist of either;
(1) a fully completed application form, Part I only, as set out in Appendix D to these regulations, or
(2) a letter that provides the same information as a fully completed form;
(b) proof of legal interest, and one copy each of a large scale site plan, an 8 1/2” x 11” copy of the site plan, and vicinity map, all as described in Appendix F;
(c) a check or money order in the amount specified in Appendix M to these regulations; and
(d) an executed Certificate of Posting of “Notice of Pending BCDC Application,” as specified in Appendix E.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
HISTORY

1. Renumbering and amendment of section 11311 to section 11711 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
2. Amendment of subsections (a) and (c) filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Amendment of subsection (a), new subsection (b), renumbering and amendment of subsections (b) and (c) to subsections (c) and (d) filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
4. Amendment of subsection (c) filed 11-20-91; operative 12-20-91 (Register 92, No. 8).
§11712. Executive Director's Determination Whether a Notice of Intent to Proceed Is Complete.
Note     •     History

(a) The Executive Director shall determine within 30 days of receipt of a Notice of Intent to Proceed whether the notice complies fully with Section 11711.
(b) If the Executive Director determines that a Notice of Intent to Proceed complies fully with Section 11711, the Executive Director shall proceed according to Sections 11713 and 11714 to determine whether the activity is authorized by the regionwide permit.
(c) If the Executive Director determines that a Notice of Intent to Proceed does not fully comply with Section 11711, the Executive Director shall within 30 days of receipt of the notice notify the project sponsor in writing of his or her determination, the reasons for the determination, and what further information is needed to complete the Notice of Intent to Proceed.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
HISTORY

1. Renumbering and amendment of Section 11312 to Section 11712 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
§11713. Approval of a Notice of Intent to Proceed.
Note     •     History

(a) If the Executive Director has determined that a Notice of Intent to Proceed complies fully with Section 11711, he or she shall approve or disapprove the notice within 14 days of the determination of completeness.
(b) The Executive Director shall base his or her determination on whether to approve or disapprove the Notice of Intent to Proceed only on the proposed project's consistency with any one or more Commission regionwide permit.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
HISTORY

1. Renumbering and amendment of Section 11313 to Section 11713 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
§11714. Notification of Executive Director's Decision.
Note     •     History

(a) If the Executive Director approves a Notice of Intent to Proceed, he or she shall notify the project sponsor in writing of the approval and shall include a copy of the applicable regionwide permit with the written approval.
(b) If the Executive Director disapproves a Notice of Intent to Proceed, he or she shall notify the project sponsor in writing of the disapproval and the reasons for the disapproval.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
HISTORY

1. Renumbering and amendment of Section 11314 to Section 11714 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
§11715. Project Sponsor Acknowledgment and Execution of Regionwide Permit.
Note     •     History

The project sponsor shall acknowledge receipt and acceptance of the terms and conditions of the regionwide permit by signing and dating a copy of the regionwide permit and returning the executed copy of the regionwide permit to the Executive Director within 14 days of receipt of the written approval of the notice and of the copy of the applicable regionwide permit.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
HISTORY

1. Renumbering and amendment of Section 11315 to Section 11715 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
§11716. Application After Executive Director's Determination That a Notice of Intent to Proceed Is Not Complete or from Executive Director's Disapproval of a Notice of Intent to Proceed.
Note     •     History

If a project sponsor believes that the Executive Director has either improperly determined that a Notice of Intent to Proceed is not complete or improperly disapproved a Notice of Intent to Proceed, the project sponsor may apply for a Commission permit without waiting 90 days.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
HISTORY

1. Renumbering of Section 11316 to Section 11716 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
Article 3. Notice of Intent to Proceed Under Abbreviated Regionwide Permits
§11717. Need to File Notice of Intent to Proceed.
Note     •     History

Prior to commencing any project for which a Commission permit is required and which the project sponsor believes is authorized by a Commission abbreviated regionwide permit, the project sponsor shall complete, sign and submit to the Executive Director a Notice of Intent to Proceed under an Abbreviated Regionwide Permit (which these regulations contain as Appendix N); shall receive approval of the NOI pursuant to Section 11719; and shall acknowledge the terms and conditions of the abbreviated regionwide permit pursuant to Section 11720.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
HISTORY

1. New section filed 8-6-96; operative 9-5-96 (Register 96, No. 32). For prior history, see Register 89, No. 43.
§11718. Executive Director's Determination Whether a Notice of Intent to Proceed Under an Abbreviated Permit is Complete.
Note     •     History

(a) The Executive Director shall determine within thirty (30) days of receipt of a completed NOI for an Abbreviated Regionwide Permit whether the information provided in the notice is complete.
(b) If the Executive Director determines that an NOI for an Abbreviated Regionwide Permit is complete, the Executive Director shall proceed according to Section 11720 to determine whether the activity is authorized by the abbreviated regionwide permit.
(c) If the Executive Director determines that an NOI for an Abbreviated Regionwide Permit is incomplete, the Executive Director shall within thirty (30) days of receipt of the notice notify the project sponsor in writing of his or her determination, the reasons for the determination, and what further information is needed to complete the NOI.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
HISTORY

1. New section filed 8-6-96; operative 9-5-96 (Register 96, No. 32). For prior history, see Register 89, No. 43.
§11719. Approval or Disapproval of a Notice of Intent to Proceed Under an Abbreviated Regionwide Permit; Notification of Determination.
Note     •     History

(a) If the Executive Director has found that an NOI for an Abbreviated Regionwide Permit is complete, he or she shall determine whether the NOI is approved or disapproved and, within seven (7) working days of the determination of completeness, notify the project sponsor in writing of the determination of approval or disapproval, as follows:
(1) If the NOI is approved, the Executive Director shall enclose a copy of the applicable abbreviated regionwide permit with the written approval; or
(2) If the NOI is disapproved, the Executive Director shall notify the project sponsor of the reasons for the disapproval.
(b) The Executive Director shall base a determination on whether to approve or disapprove the NOI only on the proposed project's consistency with any one or more Commission abbreviated regionwide permits.
NOTE

Authority cited: Section 66632(f), Government  Code. Reference: Sections 66604 and 66632, Government Code.
HISTORY

1. New section filed 8-6-96; operative 9-5-96 (Register 96, No. 32).
§11720. Project Sponsor Acknowledgement and Execution of Abbreviated Regionwide Permit.
Note     •     History

The project sponsor shall acknowledge receipt and acceptance of the terms and conditions of the abbreviated regionwide permit as follows:
(a) the project sponsor shall sign and date a copy of the abbreviated regionwide permit;
(b) the project sponsor shall return the executed copy to the Executive Director within fourteen (14) days of receipt of the written approval of the NOI and of a copy of the abbreviated regionwide permit.
NOTE

Authority cited: Section 66632(f), Government  Code. Reference: Sections 66604 and 66632, Government Code.
HISTORY

1. New section filed 8-6-96; operative 9-5-96 (Register 96, No. 32).
§11721. Application After Executive Director's Determination That a Notice of Intent to Proceed Is Not Complete or from Executive Director's Disapproval of a Notice of Intent to Proceed Under an Abbreviated Regionwide Permit.
Note     •     History

If a project sponsor believes that the Executive Director has either improperly determined that a Notice of Intent to Proceed is not complete or improperly disapproved a Notice of Intent to Proceed, the project sponsor may apply for a Commission permit without waiting ninety (90) days.
NOTE

Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
HISTORY

1. New section filed 8-6-96; operative 9-5-96 (Register 96, No. 32).

Appendix A
Declaration to be filed and recorded as Notice and in Marin County Clerk's file:

NOTICE OF NON-JURISDICTION OF THE BCDC--
LARKSPUR BOARDWALK
WHEREAS, Government Code Section 66610 has been amended to state that “The jurisdiction of the Commission under this section shall not extend to the areas commonly known as the Larkspur Boardwalk in the County of Marin, such areas to be defined by Commission Regulation,” the following described areas shall be excluded from the jurisdiction of the Bay Conservation and Development Commission.

AREA OF LARKSPUR BOARDWALK NO. 1 TO BE EXCLUDED FROM BCDC JURISDICTION
PORTIONS OF REAL PROPERTY situated in the City of Larkspur, County of Marin, State of California, known as “Larkspur Boardwalk No. 1,” consisting of 38 parcels of land accessible from Corte Madera Creek and/or its tributaries are to be excluded from Bay Conservation and Development Commission jurisdiction in the manner and in the following described proportions; the following described parcel and excepted areas from exclusion have been superimposed upon an enlarged aerial photograph which shall be on file in the Office of the Marin County Surveyor in County Surveyor's file; said parcel to be excluded and exceptions thereto being described as follows:
REAL PROPERTY in the City of Larkspur, County of Marin, State of California, described as follows:
BEGINNING at a point on the Westerly boundary line of Rancho Corte Madera Del Presidio described in the deed recorded in Volume 66 of Deeds, at page 13, Marin County Records, distant thereon North 19o 45' West 210.45 feet from a concrete monument situated on said Westerly line designated “PQ 96,” said point of beginning being also the Southwestern corner of Parcel 1 as said parcel of land is described in the deed to Richard W. Roth dated and recorded September 7, 1967, in Book 2156 of Official Records of Marin County, at page 10; running thence along the Southeastern line of said Richard W. Roth parcel North 46o 36' 30” East 159.69 feet to Southeastern corner of the last said parcel; thence along the Northeastern line of the last said parcel and along the center line of that certain utility easement 20.00 feet wide, measured at right angles, described in the deed to Robert Evers, et ux., recorded July 26, 1950, in Book 658 of Official Records of Marin County, at page 88, the following six courses:

	North	20o 07' 30”	West 416.04 feet;
	North	2o 58' 30”	East 260.44 feet;
	North	47o 13' 00”	East 243.10 feet;
	North	56o 46' 30”	East 619.40 feet;
	North	40o 00' 30”	East 642.00 feet;	and
	North	55o 45' 00”	East 20.14  feet;	to

the Northern line of that parcel of land described in the deed to John B. De Maria, et ux., recorded September 10, 1969, in book 2325 of Official Records of Marin County, at page 469; thence along the last named line South 85o 24' 42” West 107.48 feet; thence Southwesterly along the arc of a tangent curve to the left with a radius of 269.47 feet, through an angle of 38o 45' 50”, for a distance of 182.31 feet; thence North 51o 35' 30” West 11.41 feet;

	thence South 40o 00' 30” West	60.02 feet;
	thence South 51o 35' 30” East	5.58 feet;
	thence South 47o 01' 34” West	31.69 feet;
	thence South 37o 15' 00” West	68.89 feet;
	thence South 44o 05' 00” West	119.69 feet;
	thence South 46o 23' 00” West	78.99 feet;
	thence South 46o 01' 00” West	15.69 feet;
	thence South 51o 51' 30” West	196.32 feet;
	thence South 56o 46' 30” West	60.02 feet;
	thence South 73o 43' 00” West	58.52 feet;
	thence South 56o 46' 30” West	37.00 feet;
	thence South 51o 53' 30” West	28.00 feet;
	thence South 62o 19' 00” West	54.55 feet;
	thence South 75o 45' 00” West	45.54 feet;
	thence South 77o 09' 00” West	42.00 feet;
	thence South 01o 14' 00” West	15.55 feet;
	thence North 82o 26' 00” West	41.58 feet;
	thence South 76o 22' 30” West	14.46 feet;
	thence South 34o 19' 50” West	119.04 feet;
	thence South 22o 14' 00” West	38.75 feet;
	thence South 47o 36' 30” West	97.61 feet;
	thence South 37o 58' 00” West	62.50 feet;
	thence North 52o 02' 00” West	20.00 feet;
	thence South 21o 47' 10” West	87.50 feet;
	thence South 06o 05' 50” East	202.73 feet;
	thence South 88o 31' 30” East	20.00 feet;
	thence South 02o 58' 30” West	50.00 feet;
	thence North 88o 31' 30” West	85.15 feet;	to said
Westerly boundary line of said Rancho Corte Madera Del Presidio, thence along the last named line South 19o 45' 00” East 616.41 feet to the point of beginning;
EXCEPTING therefrom that parcel of land hereinabove described, the following seven parcel of land which are to remain within the jurisdiction of Bay Conservation and Development Commission jurisdiction, described as follows:
Parcel 1: BEGINNING at a point on that course hereinabove described as “North 20o 07'30” West 416.04 feet” distant thereon South 20o07'20” East 91.47 feet from the most Northwesterly terminus thereof; running

	thence South 69o 52' 30” West	39.54 feet;
	thence North 68o 45' 00” West	53.53 feet;
	thence South 54o 15' 00” West	20.00 feet;
	thence South 19o 45' 00” East	80.00 feet;
	thence South 09o 22' 26” East	61.07 feet;
	thence North 69o 52' 30” East	12.00 feet;
	thence South 19o 45' 00” East	257.82 feet;
	thence South 46o 36' 30” West	50.21 feet;
	thence North 19o 45' 00” West	616.41 feet;
	thence South 88o 31' 30” East	75.00 feet;
	thence South 00o 04' 01” East	65.39 feet;
	thence South 06o 20' 00” East	60.91 feet;
	thence South 50o 00' 00” East	32.53 feet;
	thence North 54o 15' 00” East	20.00 feet;
	thence South 68o 45' 00” East	24.00 feet;
	thence South 42o 30' 00” East	20.00 feet;
	thence North 87o 00' 00” East	51.06 feet;	to said

course designated “North 20o 07' 30” West 416.04 feet”; thence along the last said designated course South 20o 07' 30” East 8.34 feet to the point of beginning;
Parcel 2: COMMENCING at a point on that course hereinabove described as “North 2o 58' 30” East 260.44 feet,” distant thereon North 20o58'30” East 125.14 feet from the most Southwesterly terminus thereof; thence North 88o 31' 30” West 100.00 feet to the ACTUAL POINT OF BEGINNING: running thence North 88o 31' 30” West 20.00 feet;

	thence North 06o 05' 50” West	202.73 feet;
	thence North 21o 47' 10” East	87.50 feet;
	thence South 52o 02' 00” East	20.00 feet;
	thence North 37o 58' 00” East	62.50 feet;
	thence North 47o 36' 30” East	97.61 feet;
	thence South 40o 33' 14” West	96.33 feet;
	thence South 37o 58' 00” West	93.11 feet;
	thence South 07o 15' 00” West	69.56 feet;
	thence South 10o 10' 00” East	129.00 feet;	to a line

drawn North 14o 35' 00” East from the actual point of beginning;

	thence South 14o 35' 00” West	45.00 feet;	to the actual point of beginning;
Parcel 3: COMMENCING at a point on that course hereinabove described as “North 47o 13' East 243.10 feet” distant thereon North 47o 13' East 229.22 feet from the most Southwesterly terminus thereof; thence North 19o 40' 30” West 8.65 feet;

	thence South 34o 19' 50” West	111.04 feet;
	thence South 59o 47' 00” East	7.02 feet;	to a line

drawn South 34o 19' 50” West from the actual point of beginning;

	thence North 34o 19' 50” East	105.45 feet;	to the actual point of beginning;
Parcel 4: COMMENCING at a point on that course hereinabove described as “North 56o 46' 30” East 619.40 feet” distant thereon South 56o 46' 30” West 159.77 feet from the most Northeasterly terminus thereof; thence North 34o 03' 30” West 149.98 feet to the ACTUAL POINT OF BEGINNING: running thence North 34o 03' 30” West 19.05 feet;

	thence South 51o 51' 30” West	35.94 feet;
	thence South 31o 33' 30” East	19.13 feet;	to a line

drawn South 51o 51' 30” West from the actual point of beginning;

	thence North 51o 51' 30” East	36.78 feet;	to the actual point of beginning;
Parcel 5: COMMENCING at a point on that course hereinabove designated as “North 56o 46' 30” East 619.40 feet” distant thereon South 56o 46' 30” West 128.74 feet from the most Northeasterly terminus thereof; thence North 34o 03' 30” West 161.67 feet to the ACTUAL POINT OF BEGINNING:

	thence North 34o 03' 30” West	9.02 feet;
	thence North 51o 51' 30” East	129.28 feet;
	thence North 46o 01' 00” East	15.69 feet;
	thence North 46o 18' 17” East	78.99 feet;
	thence South 35o 16' 30” East	9.10 feet;
	thence South 46o 18' 17” West	94.59 feet; to a line

drawn North 51o 51' 30” East from the actual point of beginning;

	thence South 51o 51' 30” West	129.54 feet;	to the actual point of beginning;
Parcel 6: COMMENCING at a point on that course hereinabove described as “north 40o 00' 30” East 642.00 feet” distant thereon North 40o 00' 30” East 238.05 feet from the most Southwesterly terminus thereof; thence North 40o 41' 00” West 155.00 feet to the ACTUAL POINT OF BEGINNING:

	thence North 40o 41' 00” West	3.00 feet;
	thence North 37o 15' 00” East	68.89 feet;
	thence North 47o 01' 34” East	31.69 feet;
	thence South 51o 35' 30” East	12.42 feet;
	thence South 38o 24' 30” West	34.19 feet;	to a line

drawn North 49o 19' 00” East from the actual point of beginning;

	thence South 49o 19' 00” West	67.82 feet;	to the actual point of beginning.
Parcel 7: BEGINNING at the most Northeasterly terminus of that course hereinabove described as “North 56o 46' 30” East 619.40 feet”; running thence along the last said line South 56o 46' 30” West 30.00 feet;

	thence North 33o 13' 30” West	12.00 feet;
	thence South 56o 46' 30” West	568.56 feet;
	thence South 26o 46' 30” West	24.00 feet;
	thence South f47o 13' 00” West	194.97 feet;
	thence North 52o 02' 00” West	70.92 feet;
	thence North 47o 13' 00” East	132.34 feet;
	thence North 55o 24' 51” East	137.43 feet;
	thence North 56o 46' 30” East	539.26 feet;
	thence North 40o 00' 30” East	599.29 feet;	to said

Northwestern line of said John B DeMaria parcel of land (2325 O.R. 469) mentioned hereinabove; thence along the last named line North 85o 24' 42” East 67.87 feet;

	thence South 40o 00' 30” West 	621.10 feet; to a line

drawn North 4o 59' 30” West from the point of beginning;

	thence South 04o 59' 30” East 24.04 feet;	to the actual point of beginning.

Appendix B
Declaration to be filed and recorded as Notice and Marin County Clerk's file:

NOTICE OF NON-JURISDICTION OF THE BCDC--
GREENBRAE BOARDWALK
WHEREAS, Government Code Section 66610 has been amended to state that “The jurisdiction of the Commission under this section shall not extend to the areas commonly known as the Greenbrae Boardwalk in the County of Marin, such areas to be defined by Commission Regulation,” the following described areas shall be excluded from the jurisdiction of the Bay Conservation and Development Commission.

AREA OF GREENBRAE BOARDWALK TO BE EXCLUDED FROM BCDC JURISDICTION
All that REAL PROPERTY situated in the unincorporated territory of the County of Marin, known as “Greenbrae Boardwalk,” shown delineated on that certain map entitled “Licensed Survey Map of Subdivision of Portion of Hugh Porter Prop., Greenbrae-Marin Co.-Cal.,” etc., filed August 9, 1939, in Volume 2 of Licensed Surveys, at page 93, Marin County Records to be excluded from BCDC jurisdiction are designated by assessor's parcel numbers, shown on the 1974-1975 Marin County Equalized Tax-Assessment Rolls, on file in the Office of the Marin County Surveyor in County Surveyor's file; said real property being also situated within the bounds of the following described parcel of land:
REAL PROPERTY partly in the City of Corte Madera, County of Marin, State of California, described as follows:
BEGINNING at the Northwestern corner of Lot 45 as said lot is shown on the map entitled “Subdivision of Portion of Hugh Porter Prop., Greenbrae-Marin Co.-Cal.,” etc., filed August 9, 1939, in Volume 2 of Licensed Surveys, at page 93, Marin County Records; running thence along the Western line of said Lot 45 along the exterior boundary line of said subdivision the following three courses: South 6o 58' 00” East, 203.39 feet, South 70o 11' 00” East, 227.00 feet and South 2o 41' 40” West, 102.00 feet; thence South 2o 41' 40” West, 30.07 feet;

	thence North 89o 10' 00” East	28.94 feet;
	thence South 77o 45' 00” East	47.83 feet;
	thence South 61o 18' 00” East	55.34 feet;
	thence South 74o 38' 00” East	81.22 feet;
	thence South 62o 37' 00” East	23.33 feet;
	thence South 27o 00' 00” East	7.69 feet;
	thence South 12o 57' 58” West	52.38 feet;

thence along the arc of a tangent curve to the left with a radius of 80.00 feet, through an angle of 187o  08' 58”, for a distance of 261.31 feet to the direct extension produced Southwesterly of the Western line of Lot 83 as said lot is shown on said map; thence along said extension of the last said Western line North 49o 00' 00” East 73.39 feet to the Southwestern corner of said Lot 83; thence along the exterior boundary of said lot and subdivision the following eleven (11) courses to the point of beginning:

	South 74o 46' 00” East	86.53 feet;
	North 04o 25' 00” West	119.64 feet;
	South 85o 35' 00” West	397.92 feet;
	South 85o 45' 00” West	499.76 feet;
	South 80o 48' 30” East	146.94 feet;
	North 05o 13' 00” West	176.16 feet;
	South 85o 45' 00” West	639.91 feet;
	South 85o 35' 00” West	259.12 feet;
	North 71o 00' 00” West	357.00 feet;
	North 56o 12' 00” West	301.01 feet;
	North 51o 01' 20” West	303.05 feet;	and
	South 06o 58' 00” West	234.00 feet;	to the

point of beginning; EXCEPTING THEREFROM the following described parcel of land:
BEGINNING at the Southwestern corner of Lot 83 as said lot is shown on said map referred to hereinabove; running thence along the Western line of said lot, North 5o 49' 00” East; thence North 30o 54' 00” East 222.69 feet to the Northern boundary line of said subdivision referred to hereinabove; thence along the last named line North 71o 00' 00” West 32.70 feet; thence South 30o 54' 00” West 223.07 feet to an angle point in the Eastern line of Lot 57 as said lot is shown on said map referred to hereinabove; thence along the last named line and along the general Southern boundary line of said subdivision the following ten (10) courses:

	South 05o 49' 00” West	72.94 feet;
	South 12o 30' 00” West	90.00 feet;	along the

arc of a tangent curve to the right with a radius of 38.00 feet, through an angle of 169o 11' 30”, for a distance of 112.21 feet;

	North 01o 41' 30” East	74.67 feet;
	North 27o 00' 00” West	25.00 feet;
	North 62o 37' 00” West	36.12 feet;
	North 74o 38' 00” West	81.14 feet;
	North 62o 18' 00” West	56.17 feet;
	South 89o 10' 00” West	30.53 feet;	to the

Southwestern corner of Lot 49 as said lot is shown on said map referred to hereinabove;

	thence South 02o 41' 40” West	30.06 feet;
	thence North 89o 10' 00” East	28.94 feet;
	thence South 77o 45' 00” East	47.83 feet;
	thence South 62o 18' 00” East	55.34 feet;
	thence South 74o 38' 00” East	81.22 feet;
	thence South 62o 37' 00” East	23.33 feet;
	thence South 27o 00' 00” East	7.69 feet;
	thence South 12o 57' 58” West	52.38 feet;

thence along the arc of a tangent curve to the left with a radius of 80.00 feet, through an angle of 187o 08' 58”, for a distance of 261.31 feet to a line drawn South 5o 49' 00” West from the point of beginning; thence North 5o 49' 00” East 73.39 feet to the point of beginning.

Appendix C

Notice of Exemption from Marsh Development
Permit Requirement
Pursuant to California Public Resources Code Section 29508(d), the following described property is exempt from the necessity of obtaining a marsh development permit for any marsh developments completely located within the following property:
1. Parcel K as shown on the Record of Survey entitled “Survey of the Lentz-Sweet-Hill-Anderson-Waldlow Properties,” filed on October 11, 1967 in the Office of the Recorder of Solano County, California, in Book 10 of Surveys at page 57.
NOTE

Authority cited: Sections 29201(e) and 29508(d), Public Resources Code. Reference: Section 29508(d), Public Resources Code.
HISTORY

1. New Appendix C filed 12-7-83; effective thirtieth day thereafter (Register 83, No. 50).

Appendix D BCDC Application Form October 4, 2007

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Note: Authority cited: Sections 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65940-65942, 66605, 66632(b) and (f) and 84308, Government Code; Sections 2770, 2774, 21080.5, 21082, 21160 and 29520, Public Resources Code; and the San Francisco Bay Plan.
HISTORY

1. New Appendix D filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment of appendix and new Note filed 2-2-98; operative 3-4-98 (Register 98, No. 6).
3. Amendment of appendix and Note filed 7-11-2000; operative 7-11-2000 (Register 2000, No. 28).
4. Repealer and new Appendix D filed 9-11-2008; operative 10-11-2008 (Register 2008, No. 37).

Appendix E

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HISTORY

1. New Appendix E filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No. 18).

Appendix F

Application Exhibits
The following information must be included as exhibits to an application. Failure to include all the required information will prevent an application from being filed.

Proof of Legal Interest
It is necessary for the applicant or the land owner to have adequate legal interest in the underlying property to carry out the project and comply with any conditions that may be a part of the Commission's approval. This legal interest must be one of the following:
· A fee interest that allows the proposed activity.
· A sufficient easement that allows the proposed activity.
· A leasehold whose remaining period of occupancy is long enough to provide a reasonable amortization period for the proposed project and whose terms allow construction and use of the proposed project.
· An enforceable option if the property owner is a co-applicant.
· The authority and commitment to acquire the property by eminent domain.
If the applicant is a public agency, corporation, partnership or other legal entity, evidence must be provided to ensure that the person who signs the application is empowered to represent and make commitments on behalf of the organization submitting the application. To accomplish this, such applications must include either a resolution authorizing the person who signs the application to represent and bind the applicant or bylaws which establish that the person who signs the application holds a position that is empowered to act on behalf of the legal entity. Corporate resolutions must be from the corporation's board of directors. Public agency resolutions must be from the city council, board of supervisors or similar highest policy body which governs the organization.
To establish that the applicant or co-applicant has adequate legal interest in the property on which the project is to be built, it is necessary for the application to include a property map and either a recently issued title report, a copy of a grant deed (both of which must include a map and a metes and bounds description) or other information of similar accuracy and reliability to show that the applicant or co-applicant holds the interest in the project site. An applicant for a project that involves the placement of fill in San Francisco Bay for purposes other than shoreline protection or the repair of existing structures must provide a title report or other acceptable documentation that is no more than two years old.
The property map (or maps) must either be a copy of an official parcel map obtained from a county assessor's office annotated as follows or a specially prepared map showing the following:
· All property lines, easement lines, and current assessor parcel numbers for the property on which the project will occur.
· A metes and bounds description for all property lines and easement lines.
· A north arrow, graphic scale, project name, the edge of the Commission's Bay or certain waterway jurisdiction, an identification of the exhibit as a property map, the date of the plan's preparation, and the name, address, and telephone of the person who prepared or annotated the map.

Plans and Maps
Every application must include a vicinity map and a project site plan.
The vicinity map must be either an 8--1/2” x 11” portion of a United States Geological Survey topographical map (7.5 minute series) or a similar 8--1/2” x 11” map which shows the project site in relation to the shoreline, major roadways, and other landmarks.
The project site plan must be at a scale which allows the details of the proposed project to be adequately illustrated. The plan (or set of plans if all the information cannot be shown on one drawing) must show exactly the nature, scope and location of the proposed work and clearly distinguish between existing and proposed conditions. The plan must include all of the following specific elements:
· The edge of the Commission's Bay or certain waterway jurisdiction.
· A line 100 feet inland from the edge of the Commission's Bay jurisdiction.
· Any salt ponds, managed wetlands, tidal marshes or tidal flats on the project property.
· Property lines.
· Location and names of nearby roads, streets or highways.
· All major utilities.
· Existing control points, important geographic, topographic or physical features, and all major fixed objects and structures on the project site.     
· Existing and proposed topography, including especially the existing and proposed top and toe of the bank if solid fill, excavation or dredging is proposed in the application.
· Existing and proposed improvements.
· Existing and proposed building elevations.
· Existing and proposed public access areas, including any areas that will be reserved for public access as part of the project development and any improvements that are proposed to be made in the public access area, such as parking, landscaping, pathways, benches, etc.
· A north arrow, graphic scale, project name, an identification of the exhibit as a project site plan, the date of the plan's preparation, and the name, address and telephone number of the person who prepared the plan.
In addition to providing a large scale project site plan, applicants for major projects must also provide eight high quality copies of an 8--1/2” x 11” reduction of the site plan. Applicants for minor repairs or improvements or routine maintenance projects or for projects authorized by a regionwide permit need to provide only one high quality 8--1/2” x 11” reduction of the project site plan.
In some cases, instead of providing high quality 8--1/2” x 11” reductions that are suitable for reproduction, applicants may furnish 235 copies of exhibits of another size. Applicants should consult with the Commission's staff to determine if this option is appropriate.

Environmental Documentation
The California Environmental Quality Act and the National Environmental Policy Act
The California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) require that the environmental impacts of a proposed development be assessed before any permit is granted for the project. These laws include specific exemptions for activities that have insignificant environmental impacts. If the project is covered by one of these exemptions, a brief statement must be provided to document this statutory exemption and cite the statutory section exempting the project. If available, this statement should be the environmental determination by the lead agency.
Similarly, other activities fall within categories that do not require the preparation of environmental impact documentation. If the project is covered by one of these exemptions, a statement must be provided to document this categorical exemption and cite the regulation section exempting the project. If available, this statement should be the environmental determination by the lead agency.
If another government agency has certified a “negative declaration” on the project, a copy of the declaration prepared in accordance with NEPA must be included with the application, and a copy of the declaration prepared in accordance with CEQA may be included with the application.
If the project requires the preparation of an environmental impact document to comply with NEPA, the document certified by the lead agency must be included with the application. If the document is longer than ten pages, a summary of the document not longer than ten pages must be included with an application for a major project.
If the project requires the preparation of an environmental impact document to comply with CEQA, the lead agency's certification and the document may be included with the application. If the document is longer than ten pages, a summary of the document not longer than ten pages must be included with an application for a major project. Note that when the certification and document are not submitted with the application, they must be submitted before the Commission considers and takes action on the application; see Sections 10516 and 10625.
Other Environmental Documentation. If any species that is affected by the project is known to be threatened or endangered, or if the California Department of Fish and Game or a federal wildlife agency has determined that a species is a candidate for listing as threatened or endangered, or if any species provides substantial public benefits, provide with the application the results of any consultation on the special status species that is required by federal and state endangered species acts.
If the project will likely result in a “take” of any special-status species under federal or state endangered species laws, provide a copy of the “take authorization”.
Provide any required water quality certification or waiver or water quality discharge requirements from the San Francisco Bay Regional Water Quality Control Board.

Note: Authority cited: Sections 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65940-65942, 66605, 66632(b) and (f) and 84308, Government Code; Sections 2770, 2774, 21080.5, 21082, 21160 and 29520, Public Resources Code; and the San Francisco Bay Plan.
HISTORY

1. New Appendix F filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
3. Amendment of Environmental Documentation section filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
4. Amendment filed 9-11-2008; operative 10-11-2008 (Register 2008, No. 37).

Appendix G
HISTORY

1. New Appendix G filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Repealer filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
3. Editorial correction restoring History 1 and adding History 2 (Register 95, No. 17).

Appendix H

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HISTORY

1. New Appendix H filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 10-11-89; operative 11-10-89 (Register 89, No. 43).

Appendix I

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HISTORY

1. New Appendix I filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 10-11-89; operative 11-10-89 (Register 89, No. 43).

Appendix J

	SAN FRANCISCO BAY CONSERVATION	TO BE FILLED IN BY BCDC
	AND DEVELOPMENT COMMISSION
	30 Van Ness Avenue, Room 2011	1. Claim Number: 	
	San Francisco, California 94102	2. Date Claim Filed: 	
		3. Date Claim Mailed to Other
		  Agencies: 	
		4. Date of Hearing: 	

	
	CLAIM OF EXEMPTION FROM BCDC PERMIT REQUIREMENTS
	FOR A PROJECT INVOLVING FURTHER FILL

	This form is to be used in filing a claim of exemption from BCDC permit requirements for a project involving fill in the Bay, a salt pond, or a managed wetland after January 1, 1974. The form is designed to obtain sufficient detailed information about the project claimed to be exempt so that the Commission can determine the validity of the claim and the scope of the project. The questions relate to (1) the law under which the Commission operates (Government Code Title 7.2), especially the grandfather clauses, Sections 66632.1, 66655, and 66656 of the Government Code; (2) the Commission's procedural regulations, especially Sections 10910 through 10921; and (3) the relevant case law, in particular BCDC v. Emeryville, 69 Cal.2d 533, the leading case in the matter of exemptions from BCDC permit requirements. Copies of all three are available at the Commission's office, and the Commission's staff can help explain them as they affect any particular claim.

	Each question must be fully answered. Those questions with space for an answer on this form may be answered on the form. Answers to the remaining questions should be on a separate sheet of paper with the answer keyed to the number of the question. Both this form and the answer sheet are part of the application, and they should be submitted together to the Commission prior to April 1, 1974, the last day for filing claims of exemption under the law. Exhibits may be attached to either the form or the answer sheet.

	THE CLAIMANT
	
	1. Name: 		

	2. Address: 	 Telephone: 	

	3. Representative: 	 Telephone: 	

	4. If the claimant is a governmental entity, a partnership or a corporation, attach a document, such as a corporate or governing body resolution, indicating that the person who signs the claim has been authorized to act on behalf of the claimant in all matters concerning the claim. Mark the document Exhibit A.

	PROJECT LOCATION AND OWNERSHIP
	
	5. County(ies): 		

	6. City(ies): 		

	7. Street Address and Assessor Parcel Number(s): 		

	8. Total area involved 	 acres. Of this, the area covered by water at some or all times of the year is 	 acres.

	9. Attach a legal description of all property involved in the claim with a map showing lot lines, easements, major utilities, etc., and a document indicating the claimant's legal interest in the property. Mark the documents Exhibit B.

	PROJECT DESCRIPTION

	10. Fully describe any project that is claimed to be exempt under Section 66632.1 or Section 66656 of the Government Code. This description must include the following information:

	a. A precise description of the plan for the project as of September 17, 1965, including the exact nature and location of land uses.

	b. A description of all entities, such as partnerships, corporations, special districts, etc., that had been organized to carry out the project as of September 17, 1965.

	c. A detailed explanation of all financial arrangements that had been made as of September 17, 1965, to finance the project.

	d. A description of all engineering, architectural, and planning services, including costs, incurred as part of the project as of September 17, 1965, and after all necessary approvals and Corps of Engineers' permits had been obtained.

	e. A description of all equipment purchased, leased or rented as part of the project as of September 17, 1965, and after all necessary local approvals and Corps of Engineers' permits had been obtained, including costs, purposes for which the equipment was obtained, when obtained, the length of time used, etc.

	f. A description of any other contractual obligations entered into as part of the project as of September 17, 1965, and after all necessary local approvals and Corps of Engineers' permits had been obtained, including the parties to the contract, the date of the contract, the purposes for which the contract was entered into, the costs incurred under the contract, etc.

	g. A history of the project on a year-to-year basis from the date of commencement to September 17, 1965, include a precise description of all diking or filling that took place prior to September 17, 1965, and that indicates the amount of fill that had been placed and the extent of any dikes that had been constructed.

	11. Fully describe any project for which a vested right is claimed under Section 66655 of the Government Code. This description must include the following information:

	a. A precise description of the use or uses for which a vested right is claimed, including the exact nature and location of such uses.

	b. A precise description of all liabilities incurred for work and materials, and of all work commenced and performed, as of September 1, 1969, in good faith and in reliance on any city or county ordinance or permit authorizing the use or uses for which a vested right is claimed.

	c. An identification of each city or county ordinance or permit authorizing the use or uses for which a vested right is claimed and on which reliance was placed in good faith.

	12. For any project for which an exemption is claimed under Section 66632.1 of the Government Code or Section 66656 of the Government Code, describe all activity that has taken place with regard to the project since September 17, 1965, including each of the aspects of the project included in the description of the project in the answer to question 10.

	13. For any project for which a vested right is claimed under Section 66655 of the Government Code, describe all activity that has taken place with regard to the project since September 1, 1969, including each of the aspects of the project included in the description of the project in the answer to question 11.

	14. Summarize in chronological order each governmental action that has been taken with regard to the project. Include any mention of dated drawings, plans or applications that were submitted to any governmental entity with regard to the project and indicate the name of the person at each governmental agency who has custody of such drawings, plans or applications.

	15. Describe precisely the amount, location, and timing of any fill to be placed subsequent to January 1, 1974, as part of the project, including the nature and location of future uses.

	16. Explain why the project has not been completed.

	17. Does any circumstance prevent or delay realization of the project as originally planned? If so, explain fully.

	18. Has the project been changed in any manner either since September 17, 1965, if an exemption is claimed under Section 66632.1 or Section 66656, or since September 1, 1969, if a vested right is claimed under Section 66655? If so, explain in detail each alteration that has been made. Indicate whether any governmental approvals were required for the change and the date such approval was granted.

	EXHIBITS

	A [Exhibit A is described in the first section of the form entitled “THE CLAIMANT.”]

	B [Exhibit B is described in the second section of the form entitled “PROJECT LOCATION AND OWNERSHIP.”]

	C As Exhibit C, attach one drawing, 8-1/2 by 11 inches in size and suitable for reproduction with a graphic bar scale and north arrow, showing all aspects of the project claimed to be exempt or for which vested rights are claimed. Indicate areas that have been filled or diked with dates and areas that remain to be filled or diked.

	D As Exhibit D, attach one drawing, 8-1/2 by 11 inches in size and suitable for reproduction and showing the project in relation to nearby roads, the shoreline as it presently exists and as it existed on September 17, 1965.

	 [NOTE: If the claimant believes that a drawing of a different size will better explain the project, he may submit 150 copies of each drawing of a different size, instead of one 8-1/2 by 11 inch drawing.]

	E As Exhibit E, attach any photographic or written evidence showing that filling or diking or both had begun prior to September 17, 1965, and indicating the amount of any fill that had been placed and the extent of any dikes that had been constructed.

	F As Exhibit F, attach a copy of each permit, approval, disapproval, letter of permission, or other written evidence of action taken by each governmental agency, such as the Corps of Engineers, the City or County, the State Lands Commission, etc., having jurisdiction over the project claimed to be exempt or for which a vested right is claimed; or if no action was taken by a governmental agency having jurisdiction, an explanation of why.

	G. As Exhibit G, attach a map showing the physical relationship of the property and any area filled or to be filled to nearby confirmed survey lines, points, elevations, or other references, such as bench marks, triangulation points, U.S. pierhead and bulkhead lines, etc.

	CERTIFICATION

	I understand that further information may be required in the course of the proceedings on this claim, and I declare under penalty of perjury that the information in this application and all accompanying exhibits, and any further information and exhibits furnished by me to the Commission supplementing this application, is and will be, to the best of my knowledge, true and correct. I further understand that any material misstatement or omission of fact may be grounds for reopening proceedings on any claim recognized by the Commission.

	Executed in the County or City and County of 		
	on 		

				
			Claimant

		
HISTORY

1. New Appendix J filed 3-18-87; operative 8-17-87 (Register 87, No. 30).
2. Amendment filed 5-24-96; operative 6-23-96 (Register 96, No. 21).

Appendix K

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HISTORY

1. New Appendix K filed 5-18-87; operative 6-17-87 (Register 87, No. 30).

Appendix L

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HISTORY

1. New Appendix L filed 5-18-87; operative 6-17-87 (Register 87, No. 30).

Appendix M

Commission Permit Application Fees
(a) All applicants for a Commission permit, permit amendment or amendment to an application shall submit as part of the application an application fee as identified in the following sections.
(b) The following permit application fees shall be effective until December 31, 2013 or until the Executive Director re-calculates the fees under subsection (c), whichever is later.

Type of Permit Application	Application Fee
	2008-2013

Abbreviated Regionwide Permit	$100
Regionwide Permit	$100
Time Extension for any permit	$150
Nonmaterial Amendment To a Minor Permit Other Than a 
 Time Extension With a Total Project Cost  (TPC) of:
--Less than $5,000	$100
--$5,000 to $50,000	$150
--$50,001 to $100,000	$200
--$100,001 to $600,000	$300
--$600,001 to $100 million	0.05% of TPC
--more than $100 million	$100,000
Nonmaterial Amendment To a Major Permit Other Than a 
 Time Extension With a TPC of:
--Less than $5,000	$100
--$5,000 to $50,000	$150
--$50,001 to $100,000	$200
--$100,000 to $600,000	$600
--$600,001 to $100 million	0.10% of TPC
--more than $100 million	$100,000
Material Amendment to permit	Same as for first time application
Material Amendment to application	75% of original application fee
Emergency Permit	Same as for project as if not an emergency

Minor Permit with a total project cost (TPC) of:
--Less than $5,000	$150
--$5,000 to $50,000	$175
--$50,001 to $100,000	$350
--$100,001 to $600,000	$1,050
--$600,001 to $10 million	0.12% of TPC
--$10,000,001 to $50 million	$12,000 or 0.10% of TPC,
	whichever is greater
--$50,000,001 to $100 million	$50,000 or 0.08% of TPC,
	whichever is greater
--$100,000,001 to $300 million	$80,000 or 0.06% of TPC,
	whichever is greater
--$300,000,001 to $600 million	$180,000 or 0.04% of TPC,
	whichever is greater
--more than $600 million	$240,000

Major Permit with a total project cost (TPC) of:
--Less than $50,000	$350
--$50,000 to $100,000	$700
--$100,001 to $200,000	$900
--$200,001 to $300,000	$1,100
--$300,001 to $600,000	$1,200
--$600,001 to $10 million	0.20% of TPC
--$10,000,001 to $50 million	$20,000 or 0.17% of TPC,
	whichever is greater
--$50,000,001 to $100 million	$85,000 or 0.14% of TPC,
	whichever is greater
--$100,000,001 to $300 million	$140,000 or 0.11% of TPC,
	whichever is greater
--$300,000,001 to $600 million	$330,000 or 0.08% of TPC,
	whichever is greater
--more than $600 million	$600,000

(c) Calculation of Permit Fees for Subsequent Years.
(1) For each five year period following the effective date of this regulation, commencing in 2013, the Commission will calculate:
(A) the average fiscal year revenue generated from fees collected over the prior five years;
(B) the highest fiscal year total regulatory program costs (TRP) over the prior five years;
(C) twenty percent of the highest TRP (“target revenue”).
(2) If the average revenue generated from fees is within five percent of the target revenue, then the Executive Director will not recalculate new fees from the following five years.
(3) If the average revenue generated from fees is more than five percent higher or lower than the target revenue, then the Executive Director will calculate new fees according to the method specified in subparagraph (4).
(4) Calculation Method. If new fees will be calculated pursuant to subparagraph (c)(3), the Executive Director shall use the following method. 
(A) No earlier than July 1 and no later than October 1 of 2013 and in five year increments thereafter, the Executive Director shall calculate the fees that will apply to applications received in the following five calendar years.
(B) The fees shall be calculated in the following way:
(i) Divide the target revenue derived from subparagraph (c)(1)(C) by the average revenue generated from fees derived from subparagraph (c)(1)(A). This is the adjustment factor.
(ii) Adjust the permit application fees by multiplying each fee by the adjustment factor.
(5) The “total regulatory program costs” (TRP) shall be based on the amount of revenue appropriated to support the Commission's regulatory program in the Budget Act for that fiscal year. The total regulatory program costs shall be calculated by: (A) identifying the direct costs for employee compensation, contracts, and equipment and facilities that are allocated to the Commission's permit and enforcement activities; (2) adding to the direct costs the indirect costs such as administrative, legal, and other support allocated to the regulatory program; and (3) subtracting any reimbursements, grants, abatements or other income received to support regulatory program activities.
(6) The adjusted fees shall be effective on January 1 of the following calendar year and shall remain effective for five years or until the Executive Director calculates the new fees, whichever is later. All calculated figures shall be rounded up to the nearest dollar.
(d) Total Project Cost.
(1) “Total project cost,” means all expenditures, including the cost for planning, engineering, architectural, and other services, made or to be made for designing the project plus the estimated cost of construction of all aspects of the project both inside and outside the Commission's jurisdiction.
(2) The total project cost for an amendment to a permit shall consist of only the total project cost of the subject matter of the amendment application.
(3) The Commission shall use the cost stated by the applicant in the application to BCDC to determine the total project cost unless the Executive Director determines that the amount stated does not appear to include the total project or to reflect accurately all project costs.
(4) Whenever the Executive Director determines that the stated project cost does not appear to include the total project cost or to reflect accurately all project costs, he or she shall return the application unfiled and state his or her reasons for concluding that the total project is not included or why the stated cost does not accurately reflect all project costs or the Executive Director shall hold the application unfiled until the applicant verifies the total cost figures by having an estimator selected by the Executive Director and prepaid by the applicant review and certify as complete and accurate all project costs.
(e) Fees for Projects Involving More than One Category. Projects involving two (2) or more categories, (i.e., shoreline construction and filling as part of one (1) project), will not be charged the total of the fees that would be due if each part of the project were considered as a separate application. Rather, the fee is the single amount due under highest fee category into which the project falls.
(f) When Fees are to be Paid. All fees shall be paid before the Commission files a permit application. No fees shall be charged for preliminary inquiries and requests for information prior to the filing of an application.
(g) Refunds.
(1) A $100 refund of an administrative permit application fee shall be made if the application is withdrawn prior to the mailing of the administrative listing for the application. No refund shall be made for an administrative permit application after listing.
(2) For all other fees, the first $200 hundred dollars is not refundable and the remainder shall be refunded if the application is withdrawn prior to mailing notice of a public hearing either on whether the application is complete or on whether the project is consistent with the applicable Commission policies but shall not be refunded after the notice of the public hearing has been mailed.
(h) Fees in Special Circumstances.
(1) The fee for resubmitting an application that had earlier been denied by the Commission or withdrawn by the applicant before a Commission vote shall be seventy-five percent (75%) of the fee that would be charged for a new application covering the same work. Such fee shall be in addition to the fee charged for the original application.
(i) Fees for Applications Arising from an Enforcement Investigation.
(1) The Commission shall double all relevant application fees if the Executive Director determines that the applicant submitted the application in response to an investigation by the staff or the Commission of a possible violation of the McAteer-Petris Act, the Suisun Marsh Preservation Act, or the terms or conditions of a permit.
(2) Applications shall be presumed to have arisen out of an enforcement investigation if the staff prepared a written enforcement report prior to the applicant presenting the application for filing.
(j) Appeal of Fee Determination.
(1) Any person who believes a fee charged is not correct under these regulations may appeal to the Commission any objection that the applicant, the Executive Director, and the Chair cannot resolve.
(2) Pending resolution of the amount of the fee, the applicant shall pay the fee that the Executive Director assesses and shall file a letter explaining why the fee is incorrect.
(3) When an applicant appeals a fee, the Commission shall determine the correct fee at the time it votes on the application or at the time for commenting on the administrative listing, whichever applies.

Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(b) and (c), Government Code; and Section 29520(b), Public Resources Code.
HISTORY

1. New Appendix M (combination and amendment of former sections 10330-10338) filed 11-20-91; operative 12-20-91 (Register 92, No. 8).
2. Amendment of Appendix M and amendment of Note filed 10-14-2004; operative 10-14-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 42). 
3. Amendment of Appendix M and Note filed 12-11-2008; operative 1-10-2009 (Register 2008, No. 50).

Appendix N

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NOTE

Authority cited: Section 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65940-65942, 66632(b) and (f) and 84308, Government Code; Sections 21080.5, 21082 and 29520, Public Resources Code; and San Francisco Bay Plan.
HISTORY

1. New Appendix N filed 8-6-96; operative 9-5-96 (Register 96, No. 32).
2. Amendment of application checklist and new Note filed 10-14-2004; operative 10-14-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 42). 
Chapter 18. Selection of Consultants to Provide Selected Professional Services in the Following Areas:  Architecture, Landscape Architecture, Engineering, Land Surveying, Environmental, and Construction Project Management
§11810. Prohibition Against Unlawful Practices.
Note     •     History

(a) No person or entity seeking the award of a contract for consultant services pursuant to this chapter shall offer any rebate, kickback, or other unlawful consideration to any Commission member or Commission staff member.
(b) No Commission member of Commission staff member shall accept any rebate, kickback, or other unlawful consideration in connection with the process of selecting a Commission consultant pursuant to this chapter.
(c) No Commission member or Commission staff member shall participate in any way in the selection of a Commission consultant pursuant to this chapter if the Commission member or Commission staff member has a “financial interest” in the person or entity seeking the consultant contract.
(d) The Executive Director shall give notice to all Commission members and Commission staff members on January 2 of each year that state law prohibits those Commissioners and Commission staff members who participate in the award of any consultant contract pursuant to this chapter from receiving any form of rebate, kickback, or other unlawful consideration from any person or entity who seeks such a contract or from having a “financial interest” in any person or entity who seeks such a contract.
(e) The Executive Director shall also ensure that any request for an annual statement of qualifications and performance data published pursuant to section 11830 of this chapter, any request for a statement of qualifications and performance data published pursuant to section 11850 of this chapter, and the contract itself shall also include language that specifically prohibits any form of rebate, kickback, or other unlawful consideration and that prohibits any person who has a financial interest in the outcome of the selection process from participating in the selection process in any way.
NOTE

Authority cited: Section 66632(F), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code.
HISTORY

1. New chapter 18 and section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
2. Editorial correction moving Chapter 18, sections 11810 through 11890, after Appendix M following section 11718 (Register 95, No. 17).
§11820. List of Small Businesses That Provide Services in the Following Areas: Architecture, Landscape Architecture, Engineering, Land Surveying, Environmental Services, or Construction Project Management.
Note     •     History

(a) The Executive Director shall prepare as of January 1, 1995 and shall update biannually thereafter a list of small businesses as defined by the Director of General Services under Cal. Govt. Code section 14837 that provide any one or more of the following services generally within the Commission's jurisdiction: architectural, landscape architectural, engineering, land surveying, environmental services, or construction project management.
(b) The Executive Director shall mail at least 60 days prior to January 1, 1995 and thereafter at least 60 days prior to the date of the biannual update an announcement of his or her intent to prepare or update the list. The announcement shall include a description of the information required by subsection (c) to be included on the list. The Executive Director shall mail the announcement to all persons or entities that he or she believes may be interested in being included on the list and shall also cause the announcement to be published at least 60 days prior to January 1, 1995 and at least 60 days thereafter prior to the date of the biannual update in each and every publication listed in section 11830(c).
(c) Each small business who wants to be listed by the Executive Director pursuant to subsection (a) shall provide the following information in writing to the Executive Director: (1) the name, address, and telephone number of the person or entity responding, (2) the area or areas of expertise of the person or entity responding, (3) the name of a contact person at the person or entity responding, and (4) a declaration under penalty of perjury that the person or entity qualifies as a small business as that term is defined under Cal. Govt. Code section 14837.
(d) The Executive Director shall add to the list required by subsection (a) any person or entity who establishes at any time that the person or entity qualifies as a small business, who provides one or more of the services covered by this chapter, and who provides the information required in subsection (c) to be included on the list.
NOTE

Authority cited: Section 66632, Government Code; Section 29201(e), Public Resources Code. Reference: Section 4526, Government Code.
HISTORY

1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
§11830. Annual Statements of Qualifications and Performance Data.
Note     •     History

(a) Within 30 days of the effective date of these regulations and thereafter prior to December 1 of each year, the Executive Director shall mail a “Request for An Annual Statement of Qualifications and Performance Data” to all of the following persons and entities:
(1) every small business included on the list required by section 11820;
(2) every provider of architectural, landscape architectural, engineering, land surveying, environmental, or construction management services with whom the Commission has had a contract at any time during the past three years; and
(3) every provider of such services who has submitted a statement of qualifications and performance data within the last three years.
(b) The “Request For An Annual Statement of Qualifications and Performance Data” shall contain the following information:
(1) a brief request for a statement of qualifications and performance data and a brief explanation of the reason for the request and how the statement will be used in hiring consultants;
(2) the type of service or services that the statement should cover;
(3) the name,  address, and telephone number of the Commission staff member to whom the statement should be directed; and
(4) a request for the specific information required to be included in a statement of qualifications and performance data by section 11860.
(c) No later than December 1 of each year, the Executive Director shall also publish the request for annual statements of qualifications and performance data in the publications of each of the following professional organizations:
(1) for architectural services: the local chapters of the American Institute of Architecture
(2) for landscape architectural services: the American Society of Landscape Architects
(3) for engineering services: California Builder and Engineer
(4) for land surveying services: California Consulting Engineer and Land Surveyor
(5) for environmental services: the American Planning Association, California Chapter; the Association of Environmental Professionals; or the Association of Wetland Scientists
(6) for construction management services: California Builder and Engineer
(d) Any person or entity may submit a statement of qualifications and performance data to the Executive Director at any time and the Executive Director shall add the statement to the list of statements that he or she maintains so long as the statement contains all of the information required by section 11860.
(e) The Executive Director shall keep all statements of qualifications and performance data on file for at least three years.
NOTE

Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527, Government Code.
HISTORY

1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
§11840. Establishment and Announcement of Criteria on Which Consultant Will Be Chosen.
Note     •     History

(a) Prior to publishing any request for statements of qualifications and performance data as part of the selection of a consultant pursuant to this chapter, the Executive Director shall establish the criteria that he or she will use to rank the persons and entities who submit a statement of qualifications and performance data or who already have a statement of qualifications and performance data on file.
(b) These criteria shall be in writing and shall be made part of the file for the award of the contract.
(c) The Executive Director shall use only the criteria in determining the relative rankings from highest to lowest of all persons and entities who submit a statement of qualifications and performance data.
NOTE

Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code.
HISTORY

1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
§11850. Publication and Mailing of Requests for Statements of Qualifications Prior to Selection of a Consultant.
Note     •     History

(a) At least 60 days prior to the date on which the Executive Director intends to commence the selection of a consultant pursuant to this chapter, the Executive Director shall mail and publish a request for statements of qualifications and performance data.
(b) The request for statements shall include the following information:
(1) the purpose for which the consultant will be required;
(2) the nature of the specific work that the consultant will perform;
(3) the time frame within which the work must be completed;
(4) the name, address, and telephone number of the staff member to whom inquiries should be directed and to whom statements of qualifications and performance data should be directed to be included in the selection process;
(5) that date by which a statement of qualifications and performance data must be received to be considered in the selection process;
(6) the criteria upon which the ranking of consultants will be made prior to entering into negotiations with the highest ranking consultant; and
(7) the specific information required to be included on a statement of qualifications and performance data as required by section 11860; and
(8) any other information that the Executive Director believes will allow the consultant to perform the required work in an efficient and complete manner.
(c) The Executive Director shall publish the request for statements either in one of the professional society publications listed in section 11830(c) or in at least one other publication of a professional society that represents the discipline from which the Commission seeks a consultant.
(d) The Executive Director shall also mail the request for statements to all of the following persons and entities:
(1) every small business that provides the required consultant services and is included on the list required by section 11810;
(2) every provider of architectural, landscape architectural, engineering, land surveying, environmental, or construction management services with whom the Commission has had a contract at any time during the past three years; and
(3) every provider of such services who has submitted a statement of qualifications and performance data within the last three years.
NOTE

Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code.
HISTORY

1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
§11860. Contents of a Statement of Qualifications and Performance Data.
Note     •     History

A statement of qualifications and performance data shall contain the following information:
(1) the name, address, and telephone number of the person or entity;
(2) the type of service or services that the person or entity provides;
(3) if the statement concerns an entity, the name of the contact person at the person;
(4) a brief summary of all of the following: (1) the professional excellence, demonstrated competence, and specialized experience of the person or entity, (2) the education and experience of key personnel, (3) the current staff workload, (4) the ability of meet deadlines, (5) the nature and quality of completed work, and (6) the reliability and continuity of the entity; and
(5) For those persons or entities submitting a statement of qualifications and performance data for construction project management services, the person or entity shall also provide a summary of the expertise of the individual or entity and the person having on-site responsibilities in all of the following areas: (1) construction project design review and evaluation, (2) construction mobilization and supervision, (3) bid evaluation, (4) project scheduling, (5) cost-benefit analysis, (6) claims review and negotiation, and (7) general management and administration of a construction project.
NOTE

Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code.
HISTORY

1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
§11870. Discussion of Anticipated Concepts and Relative Utility of Alternative Methods of Approach.
Note     •     History

(a) Within 15 working days of the close of the period for receiving statements of qualifications and performance data as stated in the request required by section 11850, the Executive Director shall select three consultants from those who have a complete statements of qualifications and performance data on file and shall notify those selected that the Executive Director wants to meet with the three consultants to discuss anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services.
(b) Within 15 working days of notifying the three consultants selected pursuant to section 11870(a), the Executive Director shall meet with the representatives of those persons or entities chosen and shall discuss anticipated concepts and the relative utility of alternative methods of approach.
(c) Based on the discussions carried out pursuant to section 11870(b), the Executive Director may modify the criteria on which he or she shall base the ranking of the persons and entities who have submitted statements of qualifications and performance data.
(d) If the Executive Director modifies the criteria on which he or she will base the rankings required by section 11840, the Executive Director shall make those modifications in writing and shall include the modified criteria in the record of the consultant selection process.
NOTE

Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code.
HISTORY

1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
§11880. Evaluation of Current Statements of Qualifications and Performance Data and Statements Submitted in Response to Request.
Note     •     History

(a) No earlier than the date indicated in the request published as required by section 11850, the Executive Director shall evaluate all the statements of qualifications and performance data on file for the discipline from which the Executive Director intends to select a consultant and shall rank each and every consultant for which a complete statement of qualifications and performance data is on file in accordance with the criteria that have been established for this consultant contract.
(b) Each such consultant shall be ranked from the highest to the lowest with a score based on the criteria established for the consultant contract.
NOTE

Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code.
HISTORY

1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
§11890. Contract Negotiation.
Note     •     History

(a) Within 14  days of ranking of the consultants or longer if needed and if the person or entity is notified in writing of the need for additional time, the Executive Director shall notify the highest-ranking person or entity and shall commence negotiations with that person or entity.
(b) Notice to the highest ranked person or entity shall be in writing and shall include instructions for the negotiations to follow and any other information necessary to understand fully the negotiation process.
(b) The Executive director shall negotiate with the highest ranking firm until either the Executive Director has executed a contract with that person or entity to provide all of the required services at a fair and reasonable price or the Executive Director has determined that he or she is unable to negotiate such a contract.
(c) If the Executive Director determines that he or she cannot negotiate a contract for the required services at a fair and reasonable price with the highest ranked person or entity, the Executive Director shall formally terminate negotiations with that person or entity by providing written notice of termination. The written notice of termination shall be sent by Registered Mail and by regular mail and shall state the fact that the Executive Director has determined that he or she cannot reach an agreement to provide the required services at a fair and reasonable prices and the fact that the Executive Director is therefore terminating negotiations.
(d) If the Executive Director has terminated negotiations with the highest ranked person or entity, the Executive Director shall open negotiations with the next highest ranked person or entity within 15 working days of formal notification of termination of negotiations with the highest ranked person or entity. Negotiations shall continue with the second ranked person or entity until the Executive Director either executes a contract or determines that he or she cannot negotiate such a contract at a fair and reasonable price.
(e) This process shall be continued with the third, four, fifth, etc. highest ranked person or entity until the Executive Director can reach agreement on and execute a contract to provide the required services at a fair and reasonable price.
NOTE

Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4528; and Government Code. Section 6106, Public Contracts Code.
HISTORY

1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
Chapter 19. San Francisco Bay Plan
§11900. Bay Plan Amendments.
Note     •     History

(a) Resolutions.
1. On September 16, 1999, the San Francisco Bay Conservation and Development Commission approved Resolution No. 99-06, adopting Bay Plan Amendment No. 2-99, revising the Waterfront Park, Beach priority use area at Oyster Point, South San Francisco.
2. On April 6, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-03, adopting Bay Plan Amendment No. 5-99, deleting some descriptive material from Part V of the Bay Plan, moving the remaining descriptive material into Part I of the Bay Plan, modifying Part I to accommodate the material moved from Part V, and moving the policy parts of Part V into Part IV of the Bay Plan.
3. On July 20, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-06, adopting Bay Plan Amendment No. 7-99, adding a new criterion for Bay fill on publicly owned land to Part IV of the Bay Plan, amending the San Francisco Waterfront Special Area Plan to allow public trust uses on Bay fill under certain circumstances in conjunction with a package of public benefits, clarifying the public access requirements for pier redevelopment projects, and rescinding the San Francisco Waterfront Total Design Plan, Piers 7 through 24.
4. On September 7, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-07, adopting Bay Plan Amendment No. 2-00, deleting the water-related industry priority use area designation from the former Pacific Refinery property in the City of Hercules.
5. On December 7, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-08, adopting Bay Plan Amendment No. 3-00, revising the findings and policies related to dredging, disposal, and beneficial reuse of dredged material set forth in the San Francisco Bay Plan. Revisions to the Findings and Policies of the Bay Plan include, but are not limited to: (1) a decrease in the disposal of dredged material in the Bay while increasing both the beneficial reuse of dredged material and the use of the federally designated ocean disposal site; (2) a limit on in-Bay disposal of dredged material for habitat enhancement projects; (3) the identification of dredged material rehandling facilities as a water related industry; (4) the deletion of language that encourages dredging additional channels in the Bay; and (5) selected amendments to Bay Plan maps.
6. On January 4, 2001, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-10, adopting Bay Plan Amendment No. 4-00, deleting from and adding to the port priority use area designations at the former Oakland Army Base and the Port of Oakland in the City of Oakland.
7. On March 15, 2001, the San Francisco Bay Conservation and Development Commission approved Resolution 01-02, adopting Bay Plan Amendment No. 5-00, revising the public access findings and policies to provide for maximum feasible public access while protecting wildlife from adverse effects.
8. On July 19, 2001, the San Francisco Bay Conservation and Development Commission approved Resolution No. 01-11, adopting Bay Plan Amendment No. 1-00, creating a new policy section entitled Navigational Safety and Oil Spill Prevention and modified certain findings and policies in the Dredging, Recreation, Transportation and Safety of Fills policy sections regarding navigational safety and oil spill prevention.
9. On April 18, 2002 the San Francisco Bay Conservation and Development Commission approved Resolution No. 02-02, adopting Bay Plan Amendment No. 1-01, updating the marshes and mudflats, fish and wildlife and dredging findings and policies; adding a new policy section on subtidal areas; amending the priority use area designations and Plan Map notes; and changing the terminology in the introductory section from “wildlife area” to “wildlife refuge.”
10. On October 17, 2002, the San Francisco Bay Conservation and Development Commission approved Resolution No. 02-03, adopting Bay Plan Amendment No. 1-02, updating the Bay Plan recreation findings and policies and amending the Plan Map Notes and Plan Map Policies.
11. On October 17, 2002, the San Francisco Bay Conservation and Development Commission approved Resolution 02-04, adopting Bay Plan Amendment No. 6-02, revising the mitigation policies and adding mitigation findings.
12. On June 19, 2003, the San Francisco Bay Conservation and Development Commission approved Resolution No. 03-02, adopting Bay Plan Amendment No. 8-02, revising the water quality findings and policies. Regulatory provisions in the amendment address tidal flats; conservation and restoration of water surface area and volume to protect and improve water quality; new project siting, design, construction, and maintenance to prevent or minimize discharge of pollutants into the Bay; coordination with other agencies when considering a project in an area polluted with toxic or hazardous substances; support of other agencies in developing nonpoint source pollution control programs; siting and design of new developments so as to be consistent with stormwater permits and stormwater management guidelines and with protection of the Bay; and, use of native vegetation buffer areas as part of a project.
13. On January 20, 2005, the San Francisco Bay Conservation and Development Commission approved Resolution 05-01, adopting Bay Plan Amendment No. 2-04, adding two findings and two polices regarding the siting and use of desalination facilities to the Other Uses of the Bay and Shoreline section and deleting reference to desalination facility siting in the power plant siting policy in the Other Uses of the Bay and Shoreline section.
14. On August 18, 2005, the San Francisco Bay Conservation and Development Commission approved Resolution 05-05, adopting Bay Plan Amendment No. 3-04, splitting the salt ponds and other managed wetlands section into two separate sections, updating the salt ponds findings and policies, and amending the Plan Map notes, policies, suggestions and priority use area designations regarding salt ponds.
15. On October 20, 2005, the San Francisco Bay Conservation and Development Commission approved Resolution 05-06, adopting Bay Plan Amendment No. 1-05, updating the transportation findings and policies, and amending the Plan Map notes, policies and suggestions regarding transportation and updating the fills in accord with the Bay Plan policies.
16. On May 4, 2006, the San Francisco Bay Conservation and Development Commission adopted Resolution No. 06-01, approving Bay Plan Amendment No. 1-06 which amended San Francisco Bay Plan Maps Nos. 4 and 5 and San Francisco Bay Area Seaport Plan Figure 4 by deleting the port priority use area designation from approximately six acres of land on the east side of Interstate 880 in the City of Oakland between West Grand Avenue on the north, 17th Avenue extended to the Interstate 880 Frontage Road on the south, Wood Street on the east and the Interstate 880 Frontage Road on the west.
17. On September 7, 2006, the San Francisco Bay Conservation and Development Commission approved Resolution No. 06-07, adopting Bay Plan Amendment No. 2-06, amending the Bay Plan recreation findings and policies; amending the Bay Plan Map notes, policies and suggestions pertaining to recreation and waterfront park priority use area designations; and amending Resolution 16, fixing the boundaries of waterfront park priority use areas. The adopted amendment revised the recreation findings and policies that apply to all water-oriented recreation facilities, including waterfront parks, beaches, marinas, launch ramps, fishing piers and regional trails.
The Commission's amendment of the Bay Plan recreation policies addressed changes in demographics and the corollary change in recreation demand. The amendment also included policy changes that will affect all sites designated for park priority use, including provision for regional trail systems; beaches; non-motorized small boat access to the Bay, interim uses of waterfront parks; wildlife and habitat protection; natural and cultural resource interpretation; and ensuring that sites that are ideal for a particular recreation activity are made available for that activity.
18. On January 18, 2007, the San Francisco Bay Conservation and Development Commission adopted Resolution No. 07-07, approving Bay Plan Amendment No. 3-06, relocating 15 acres of port priority use area designation in the City of Oakland.
19. On November 1, 2007, the San Francisco Bay Conservation and Development Commission approved Resolution 07-05, adopting Bay Plan Amendment No. 1-07, updating the managed wetlands findings and policies, and amending the Plan Map managed wetland designations. The amended findings and policies include: current descriptions of the uses and distribution of managed wetlands; additional information on the values of managed wetlands, and; continued support of maintaining managed wetlands for waterfowl hunting. The amendment also includes detailed policy guidance for uses of managed wetlands no longer needed for waterfowl hunting including: restoration of managed wetlands to tidal action; retention, enhancement and management of managed wetlands for multiple species, and; development of managed wetlands.
20. On August 4, 2011, the San Francisco Bay Conservation and Development Commission approved Resolution No. 11-06, adopting Bay Plan Amendment No. 1-11, amending Bay Plan Map 5. The adopted map change amendment partially modified the inland boundary of the waterfront park priority use area designation at Candlestick Point in San Francisco, California.
21. On October 6, 2011, the San Francisco Bay Conservation and Development Commission approved Resolution No. 11-08, adopting Bay Plan Amendment No. 1-08, amending the San Francisco Bay Plan to address climate change. The resolution amended the Tidal Marshes and Tidal Flats findings and policies; added a new Climate Change findings and policies section at the beginning of Part IV “Developing the Bay and Shoreline Findings and Policies”; amended the Safety of Fills findings and policies; amended the Protection of the Shoreline findings and policies; and amended the Public Access findings and policies. 
22. On January 19, 2012, the San Francisco Bay Conservation and Development Commission approved Resolution No. 11-13, adopting Bay Plan Amendment No. 2-11. The adopted amendment removed the port priority use area designation from Hunters Point in San Francisco, California. 
(b) Map Changes.
1. Revise Map No. 5 by deleting approximately 37 acres from the Waterfront Park, Beach priority use area designation at Oyster Point, in the City of South San Francisco.
2. Revise Map No. 4 by deleting two references to the San Francisco Waterfront Total Design Plan, Piers 7 through 24 and one reference to recommendations in the San Francisco Waterfront Special Area Plan.
3. Revise Map No. 2 by deleting the water-related industry priority use area designation from the former Pacific Refinery property in the City of Hercules.
4. Map No. 1, Note 9 to include the use of dredged material at Skaggs Island whenever feasible and environmentally acceptable.
Delete policy map Notes “A,” “D”, and “E” which reference a possible new small boat channel, a new barge channel, and a new shallow draft port respectively.
Add policy map notes identifying the possible use of Bel Marin Keys UnitV and the North Point Property site as wetland restoration sites using dredged material.
Add policy map note identifying the Port Sonoma marina ponds as a regional dredged material rehandling facility.
5. Revise Map No. 2, Note 3 by deleting the priority use designation of the three northernmost ponds of the Mare Island site.
Add policy map notes identifying the possible use of the Cargill Crystallizer ponds and the Wickland Selby site as regional dredged material rehandling facilities.
Add policy map note identifying the Praxis Pacheco site as a dredged material confined disposal site.
6. Revise Map No. 3, Note 3 to include the use of dredged material from the Bay region for wetland restoration and enhancement in Collinsville. A portion of the site may also be used as a regional dredged material rehandling facility for Bay Area projects.
7. Revise Map No. 4 to include notes identifying the Port of Oakland Middle Harbor as a habitat enhancement site using dredged material, and the former NAS Alameda as a possible site for dredged material reuse.
8. Revise Map No. 5 to include notes identifying the Port of Oakland Middle Harbor as a habitat enhancement site using dredged material, and the former NAS Alameda as a possible site for dredged material reuse.
9. Delete Map No. 6, Note C to exclude the possible small boat channel just south of Bay Slough in Redwood City.
10. Delete Map No. 7, Note F to exclude the possible shallow draft port at Guadaloupe Slough, Mountain View.
11. Revise Map No. 4 and Map No. 5 by deleting approximately 174.4 acres of port priority use designation from the former Oakland Army Base; deleting reference to the Oakland Army Base; and deleting Map No. 4 Policy 17 and Map No. 5 Policy 2.
12. Revise Maps No. 4 and Map No. 5 by adding port priority use area designation to a 10-acre parcel east of Interstate Highway 880 between 16th Street, West Grand Avenue and Wood Street; an 11 acre parcel within the Interstate 880 right-of-way adjacent to the 10-acre parcel; and a 30-acre parcel adjacent to and west of Interstate Highway 880 at Seventh Street.
13. Revise Maps No. 1 through 7 by: (1) updating the wildlife priority use area designations to include state and federal wildlife refuges; (2) deleting the park priority use area designation and adding a wildlife priority use area designation to Map No. 6 at Bair Island in the Don Edwards San Francisco Bay National Wildlife Refuge; (3) deleting Map No. 8; and (4) amending notes identifying wildlife refuges and other areas of significance to fish, other aquatic organisms and wildlife.
14. Revise Map Nos. 4 and 5 by updating Map Notes and Map Policies pertaining to existing and former Bayfront military installations designated for waterfront park priority use; adding vista points; and correcting geographic place names.
15. Revise Maps No. 1, 2, 6 and 7 by: (1) updating Map Notes, Policies and Suggestions pertaining to salt ponds; (2) updating the wildlife priority use area designations on Plan Map 2 to include former salt ponds added to Fagan Marsh Ecological Reserve; (3) deleting a portion of the Menlo Park park priority use area designation on Plan Maps 6 and 7 and designating that portion as a wildlife priority use area and as a salt pond, managed wetland; (4) deleting two portions of the Coyote Hills park priority use area designation on Plan Map 7 and designating those portions as wildlife priority use areas and salt ponds, managed wetlands; and (5) correcting one designation on Plan Map 6 and three designations on Plan Map 7 to salt pond, managed wetland.
16. Revise Map No. 4 by moving Commission Suggestion B from an area north of the Richmond-San Rafael Bridge to an area south of the Richmond-San Rafael Bridge and revise Maps No. 1, 2, 4, 5, 6 and 7 updating Map Notes, Policies and Suggestions pertaining to transportation.
17. Revise Maps Nos. 4 and 5 by deleting the port priority use area designation from a six-acre parcel in Oakland east of Interstate 880 bounded on the north by West Grand Avenue, on the east by Wood Street, on the south by 17th Avenue extended to the Interstate 880 Frontage Road, and on the west by the Interstate 880 Frontage Road.
18. Revise Map Nos. 1 through 7 by updating Map notes, policies and suggestions pertaining to recreation and revising waterfront park priority use area designations. The amendment added or revised 36 waterfront park priority use areas, including converting a portion of a water-related industry priority use area in Vallejo to waterfront park priority use and deleting another portion of this water-related industry priority use area.
19. Revise Maps Nos. 4 and 5 by relocating 15 acres of port priority use area designation in Oakland from a parcel bounded by Engineer Road to the north, and West Grand and Wake Avenues to the south to a parcel bounded by existing Oakland port priority use area to the south, and to the north by Maritime Street and a line extending perpendicularly from Maritime Street to the point where West 21st Street intersects the existing priority use area.
20. Revise Maps Nos. 1 and 2 by correcting the designation of one parcel in the North Bay from tidal marsh to managed wetland.
21. Revise Bay Plan Map No. 3 by updating Map notes, policies and suggestions pertaining to the water-related industrial designation at Collinsville, Solano County. Bay Plan Amendment 1-10 deleted an approximately 2,400 acre portion of the water-related industrial priority use area at Collinsville, Solano County. 
22. Revise Map No 5 by modifying the waterfront park priority use area designation at Candlestick Point in San Francisco, California. The amendment removed an approximately net 8 acres from the inland portion of the designated area to align with the reconfigured State Recreation Area.
23. Revise Map No 5 by removing the port priority use area boundary from Hunters Point in San Francisco, California. 
NOTE

Authority cited: Sections 66602, 66611, 66632(f), 66651 and 66652, Government Code. Reference: Section 66652, Government Code; and San Francisco Bay Plan, Parts I and IV.
HISTORY

1. New chapter 19 (section 11900) and section filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11354.1 (Register 99, No. 46). 
2. New subsection (a)2. and new Note filed 7-11-2000; operative 7-11-2000 pursuant to Government Code section 11354.1 (Register 2000, No. 28).
3. Editorial correction relettering second subsection (a) to subsection (b) (Register 2000, No. 44).
4. New subsections (a)3. and (b)2. and amendment of Note filed 10-30-2000; operative 11-29-2000 pursuant to Government Code section 11354.1 (Register 2000, No. 44).
5. New subsections (a)4. and (b)3. filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11354.1 (Register 2000, No. 44).
6. New subsections (a)5. and (b)4.-10. summarizing regulatory provisions adopted by Bay Plan Amendment No. 3-00 filed 1-2-2001; regulatory provisions are approved by OAL and operative 1-2-2001 pursuant to Government Code section 11354.1 (Register 2001, No. 1). 
7. New subsections (a)6. and (b)11.-12. summarizing regulatory provisions adopted by Bay Area Plan Amendment No. 4-00 and amendment of Note filed 3-20-2001; regulatory provisions are approved by OAL and operative 3-20-2001 pursuant to Government Code section 11354.1 (Register 2001, No. 12).
8. New subsection (a)7. summarizing regulatory provisions adopted by Bay Plan Amendment No. 5-00 filed 5-14-2001; regulatory provisions are approved by OAL and operative 5-14-2001 pursuant to Government Code section 11354.1 (Register 2001, No. 20). 
9. New subsection (a)8. summarizing regulatory provisions adopted by Bay Plan Amendment No. 1-00 and amendment of Note filed 10-3-2001; regulatory provisions are approved by OAL and operative 10-3-2001 pursuant to Government Code section 11354.1 (Register 2001, No. 40). 
10. New subsections (a)9. and (b)13. summarizing regulatory provisions adopted by Bay Plan Amendment No. 1-01 filed 6-18-2002; regulatory provisions are approved by OAL and operative 6-18-2002 pursuant to Government Code section 11354.1 (Register 2002, No. 25).
11. New subsections (a)10. and (b)14. summarizing regulatory provisions adopted by Bay Plan Amendment No. 1-02 filed 12-19-2002; regulatory provisions are approved by OAL and operative 12-19-2002 pursuant to Government Code section 11354.1 (Register 2002, No. 51).
12. New subsection (a)11. summarizing regulatory provisions adopted by Bay Plan Amendment No. 6-02 filed 12-19-2002; regulatory provisions are approved by OAL and operative 12-19-2002 pursuant to Government Code section 11354.1 (Register 2002, No. 51).
13. New subsection (a)12. summarizing regulatory provisions adopted by Bay Plan Amendment No. 03-02 filed 8-14-2003; regulatory provisions are approved by OAL and operative 8-14-2003 pursuant to Government Code section 11354.1 (Register 2003, No. 33).
14. New subsection (a)13. summarizing regulatory provisions adopted by Bay Plan amendment No. 2-04 filed 4-4-2005; regulatory provisions are approved by OAL and operative 4-4-2005 pursuant to Government Code section 11354.1 (Register 2005, No. 14).
15. New subsections (a)14. and (b)15. filed 10-25-2005; operative 10-25-2005 pursuant to Government Code section 11354.1 (Register 2005, No. 43).
16. New subsections (a)15. and (b)16. summarizing regulatory provisions adopted by Bay Plan amendment No. 1-05 filed 12-22-2005; operative 1-21-2006 pursuant to Government Code section 11354.1 (Register 2005, No. 51).
17. New subsections (a)16. and (b)17. summarizing regulatory provisions adopted by Bay Plan Amendment No. 1-06 filed 6-30-2006; regulatory provisions are approved by OAL and operative 6-30-2006 pursuant to Government Code section 11354.1 (Register 2006, No. 26).
18. New subsections (a)17 and (b)18 summarizing regulatory provisions adopted by Bay Plan Amendment No. 2-06 filed 11-7-2006; regulatory provisions are approved by OAL and operative 11-7-2006 pursuant to Government Code section 11354.1 (Register 2006, No. 45).
19. Change without regulatory effect amending subsection (a)5. filed 3-1-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 9).
20. New subsections (a)18. and (b)19. summarizing provisions adopted by Bay Plan Amendment No. 3-06 filed 3-27-2007; regulatory provisions are approved by OAL and operative 3-27-2007 pursuant to Government Code section 11345.1 (Register 2007, No. 13). 
21. New subsections (a)19. and (b)20. summarizing provisions adopted by Bay Plan Amendment No. 1-07 filed 1-4-2008; operative 1-4-2008 pursuant to Government Code section 11354.1 (Register 2008, No. 1). 
22. New subsection (b)21. summarizing provisions adopted by Bay Plan Amendment No. 1-10 filed 9-16-2011; operative 9-16-2011 pursuant to Government Code section 11354.1 (Register 2011, No. 37).
23. New subsections (a)20. and (b)22. summarizing provisions adopted by Bay Plan Amendment No. 1-11filed 9-28-2011; operative 9-28-2011 pursuant to Government Code section 11354.1 (Register 2011, No. 39).
24. New subsection (a)21. summarizing provisions adopted by Bay Plan Amendment No. 1-08 filed 12-20-2011; operative 12-20-2011 pursuant to Government Code section 11354.1 (Register 2011, No. 51).
25. New subsections (a)22. and (b)23. summarizing regulatory provisions adopted by Bay Plan Amendment No. 2-11 filed 3-28-2012; regulatory provisions approved by OAL and operative 3-28-2012 pursuant to Government Code section 11354.1 (Register 2012, No. 13). 
Chapter 20. San Francisco Bay Area Seaport Plan
§11945. Seaport Plan Amendments.
Note     •     History

(a) Resolutions.
1. On April 18, 1996, the San Francisco Bay Conservation and Development Commission approved Resolution No. 96-06, adopting Bay Plan Amendment No. 2-95, modifying the San Francisco Bay Plan and San Francisco Bay Area Seaport Plan policies for marine terminal development and boundaries for port priority use areas.
2. On September 18, 1997, the San Francisco Bay Conservation and Development Commission approved Resolution No. 97-09, adopting Bay Plan Amendment No. 1-97, modifying the San Francisco Bay Area Seaport Plan to remove the port priority use designation from a 220-acre parcel along the Oakland Inner Harbor at the former Alameda Naval Air Station.
3. On March 2, 2000, the San Francisco Bay Conservation and Development Commission approved Resolutions No. 00-01 and No. 00-02, adopting Bay Plan Amendments 1-99 and 3-99, respectively, modifying the San Francisco Bay Plan and the San Francisco Bay Area Seaport Plan to remove the port priority use designation from Encinal Terminals in the City of Alameda.
4. On January 4, 2001, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-10, adopting Bay Plan Amendment No. 4-00, deleting from and adding to the port priority use area designations at the former Oakland Army Base and the Port of Oakland in the City of Oakland.
5. On February 20, 2003, the San Francisco Bay Conservation and Development Commission approved Resolution No. 03-01, adopting Bay Plan Amendment Nos. 2-02 through 5-02 and 7-02, revising San Francisco Bay Area Seaport Plan findings and policies and designations at the Benicia, Oakland, Redwood City, Richmond, San Francisco and Collinsville port priority use areas.
6. On May 4, 2006, the San Francisco Bay Conservation and Development Commission adopted Resolution No. 06-01, approving Bay Plan Amendment No. 1-06, revising the Port of Oakland port authority use area designation in San Francisco Bay Area Seaport Plan Figure 4 and the Oakland Priority Use Boundaries description.
7. On January 18, 2007, the San Francisco Bay Conservation and Development Commission adopted Resolution No. 07-07, approving Bay Plan Amendment No. 3-06, revising the Port of Oakland port priority use area designation in the San Francisco Bay Area Seaport Plan Figure 4 and the Oakland Priority Use Boundaries description.
8. On January 19, 2012, the San Francisco Bay Conservation and Development Commission approved Resolution No. 11-13, adopting Bay Plan Amendment No. 2-11. The adopted amendment removed the port priority use area designation from Hunters Point in San Francisco, California. 
(b) Policy Changes.
1. Modify cargo throughput capability analysis to reflect higher potential cargo throughput at existing and future marine terminals.
2. Eliminate the distinction between “long-term” and “near-term” marine terminals and instead use a single designation of “future” marine terminal sites.
3. Prohibit further deletion of sites from port priority use and marine terminal designations until a cargo monitoring process is implemented.
4. Modify requirements for updating the Seaport Plan.
5. Allow interim uses on areas designated for port or marine terminal use to exceed five years.  Non-port priority interim uses can be allowed provided they do not impede the eventual use of the area for port uses or marine terminal development.  Factors such as the amortization period necessary for investments in interim uses and the expected need for marine terminal development of the port area should be considered in the review of interim uses.
6. Modify container cargo throughput capacity at the Port of Oakland to reflect higher cargo throughput per marine terminal and berth because of operational efficiencies gained by the reconfiguration of the Port's marine terminals and Joint Intermodal terminal.
7. Allow bulk cargo handling in container terminals until needed exclusively for handling container cargo, provided the non-container cargo use would not impair the current or future use of the terminal for container shipping.
8. Allow passenger ferry terminals and ancillary uses in port priority use areas, but not in marine terminals, provided that the development and operations of the ferry facilities do not interfere with ongoing or future port-related uses, and navigational and passenger safety can be assured.
(c) Port Priority Use Designation Changes.
1. Port of Benicia:  Remove long-term marine terminal designation.
2. Port of Oakland:  Remove port priority use designation from a triangular parcel northeast of Interstate 880; remove near-term terminal and port priority use designation from the Ship Repair area; and change the “long-term” marine terminal designation at Bay Bridge site to “two-berth future marine terminal” designation.
3. Port of Redwood City:  Remove port priority use designation from 106-acre area east of Seaport Boulevard.
4. Port of Richmond:  Remove port priority use designation from the ancillary use zone.
5. Port of San Francisco:  Remove all near-term marine terminal designations except for one at Pier 94 North, and change that remaining designation to a “future” marine terminal.  Remove portions of port priority use area from existing terminals at Piers 48 and 50; remove port priority use area from Piers 52-64; remove portions of the port priority use area from Pier 70; remove port priority use area inland of and between Piers 70-80; remove portions of port priority use area from Pier 80 and Piers 94-96; and remove port priority use designation from Pier 98.
6. Mare Island Naval Shipyard:  Remove port priority use designation from entire base.  Retain the Mare Island dredged material disposal ponds, which are located in historic baylands, in water-related industry priority use for dredged material disposal and rehandling.  The three northernmost ponds could be used to provide wetland habitat for the salt marsh harvest mouse in order to mitigate any potential adverse impacts resulting from the future use of the other seven ponds for dredged material disposal and rehandling.
7. FISCO Alameda Annex:  Remove port priority use designation.
8.  Fleet and Industrial Supply Center Oakland (FISCO):  Retain port priority use designation and add 5-berth future marine terminal designation.
9. Hunters Point Naval Shipyard:  Remove all but 55-acre port priority use designation on the southeast portion of the Shipyard.
10. Selby Site: Remove the port priority use designation from the Unocal property.  Retain a 60-acre port priority use area and 5-berth marine terminal designation on the Wickland Oil property.
11. Vallejo Site:  Remove the port priority use and near-term marine terminal designations from the waterfront.
12. Martinez (Pacheco Creek Sites):  Remove port priority use designation from all areas.
13. Alameda Gateway Site (Former Todd Shipyard):  Remove port priority use designation.
14. Port of Oakland: Remove port priority use area designation from 174.4 acres of land in the northern part of the former Oakland Army Base. Add port priority use area designation to an approximately 10-acre parcel east of Interstate Highway 880 between 16th Street, West Grand Avenue and Wood Street. Add port priority use area designation to an 11-acre parcel within the Interstate 880 right-of-way under the elevated portion of Interstate Highway 880 adjacent to the 10-acre parcel. Add port priority use area designation to a 30-acre parcel west of Interstate Highway 880 at Seventh Street. Revise the north and east boundaries of the Northern Area of the Oakland Priority Use Area consistent with the changes to the port priority use area designation.
15. Port of Benicia: Remove port priority use designation from 48 acres of Port property, from 30 acres owned by the City of Benicia, and from approximately 80 acres of privately owned property.
16. Port of Oakland: Remove port priority use and two-berth marine terminal designations from Ninth Avenue Terminal.
17. Port of Richmond: Remove port priority use and one-berth marine terminal designations from Terminal 4.
18. Port of San Francisco: Remove port priority use designation from all but approximately 16 acres and remove two-berth marine terminal designation in its entirely from Pier 70.
19. Redwood City: Remove port priority use and one-berth marine terminal designations from former Cargill salt terminal.
20. Collinsville: Remove port priority use designation.
21. Port of Oakland: Delete six acres of port authority use area designation from a parcel bounded on the north by West Grand Avenue, on the east by Wood Street, on the south by 17th Avenue extended to the Interstate 880 Frontage Road, and on the west by the Interstate 880 Frontage Road.
22. Port of Oakland: Relocate 15 acres of port priority use area designation from a parcel bounded by Engineer Road to the north, and West Grand and Wake Avenues to the south to a parcel bounded by existing Oakland port priority use area to the south, and to the north by Maritime Street and a line extending perpendicularly from Maritime Street to the point where West 21st Street intersects the existing priority use area.
23. Hunters Point: Remove port priority use and two-berth marine terminal designations. 
NOTE

Authority cited: Sections 66602, 66611, 66632(f), 66651 and 66652, Government Code. Reference: Section 66652, Government Code; San Francisco Bay Plan Part IV; and San Francisco Bay Area Seaport Plan, Parts I, II, and III.
HISTORY

1. New Chapter 20 (section 11945) and section 11945 filed 7-16-96; operative 7-16-96 pursuant to Government Code section 11354.1 (Register 96, No. 29).
2. Amendment of section heading and section filed 11-24-97; operative 11-24-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 48).
3. New subsection (a)3., repealer of subsection (c)2. and subsection renumbering filed 5-3-2000 pursuant to Government Code section 11354.1; operative 5-3-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 18). 
4. New subsections (a)4., (b)6. and (c)14. summarizing regulatory provisions adopted by Bay Area Plan Amendment No. 4-00 and amendment of Note filed 3-20-2001; regulatory provisions are approved by OAL and operative 3-20-2001 pursuant to Government Code section 11354.1 (Register 2001, No. 12).
5. New subsections (a)5., (b)7.-8. and (c)15.-20. filed 4-17-2003; operative 4-17-2003 pursuant to Government Code section 11354.1 (Register 2003, No. 16). 
6. New subsections (a)6. and (c)21. summarizing regulatory provisions adopted by Bay Plan Amendment No. 1-06 filed 3-20-2007; regulatory provisions are approved by OAL and operative 3-20-2007 pursuant to Government Code section 11354.1 (Register 2007, No. 12). 
7. New subsections (a)7. and (c)22. summarizing regulatory provisions adopted by Bay Plan Amendment No. 3-06 filed 3-27-2007; regulatory provisions are approved by OAL and operative 3-27-2007 pursuant to Government Code section 11345.1 (Register 2007, No. 13). 
8. New subsections (a)8. and (c)23. summarizing regulatory provisions adopted by Bay Plan Amendment No. 2-11 filed 3-28-2012; regulatory provisions approved by OAL and operative 3-28-2012 pursuant to Government Code section 11354.1 (Register 2012, No. 13). 
Chapter 21. Special Area Plans
§11960. 1996 San Francisco Waterfront Special Area Plan Amendment.
Note     •     History

(a) On March 21, 1996, the San Francisco Bay Conservation and Development Commission approved Resolution 96-02, adopting Bay Plan Amendment No. 3-95, modifying the San Francisco Waterfront Special Area Plan to permit certain uses on new or replacement fill at Pier 52 in San Francisco, by making the following changes to the Special Area Plan:
(1) Add “commercial recreation” to the uses allowed at Pier 52 on new or replacement fill in the Geographic-Specific Policies and Recommendations section and add a plan note to Special Area Plan Maps 4 and 5 adding “commercial recreation” to the list of uses now authorized at Pier 52 on new or replacement fill.
(2) Make minor corrective changes to Special Area Plan Maps 4 and 5 by adding the pier numbers to Piers 52 and 54 and changing the name of the street in front of Pier 52 from “China Basin Street” to “Terry A. Francois Boulevard.”
(b) On July 20, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-06, adopting Bay Plan Amendment No. 7-99, modifying the San Francisco Waterfront Special Area Plan as follows:
(1) Delete the “Introduction” to the Special Area Plan and provide a new, more current introduction.
(2) Re-define the boundaries of the Geographic Vicinities that define the locations where fill removal can offset fill placement for projects approved pursuant to the Replacement Fill policies in Part IV of the San Francisco Bay Plan.
(3) Delete the recommendations in all sections of the Special Area Plan.
(4) Add a policy to the Fisherman's Wharf Geographic Specific Policies calling for a community planning process to reevaluate the Special Area Plan policies governing the area between the Hyde Street Pier and East Wharf Park in San Francisco.
(5) Delete the partial quotations from the McAteer-Petris Act and San Francisco Bay Plan in the Special Area Plan.
(6) Modify Special Area Plan Maps 1 through 9 to reflect the above changes, and to incorporate past Special Area Plan amendments adopted by the Commission, but not reflected in the maps.
(7) Add “Appendix I” to the plan providing a brief history of the development of the Special Area Plan and amendments to it.
(8) Make necessary changes to the existing Special Area Plan General Policies to indicate when these do not apply within the area between Pier 35 and China Basin in San Francisco.
(9) Replace the Geographic Specific policies that apply to the Northeastern Waterfront (the area between Pier 35 and China Basin) with new Geographic Specific policies that apply to the Northeastern Waterfront as follows:
a. Permit uses consistent with the Public Trust Doctrine and the Port of San Francisco's legislative trust grant on repaired or wholly reconstructed piers not identified for removal in the area between Pier 35 and China Basin in San Francisco.
b. Require the provision of substantial public benefits, including the removal of Piers 24, 34 and 36, the Pier 15-17 “valley” and non-historic shed additions, and the partial removal of Piers 1/2, 2, and the shed at Pier 23; and the planning, design and construction of two major plazas: the Northeast Wharf Plaza and the Brannan Street Wharf Plaza.
c. Specify four Open Water Basins and other Open Water Areas, and permit a limited range of uses and types of fill within Open Water Basins and Open Water Areas.
d. Better define maximum feasible public access for major pier redevelopment projects and for small projects in the area between Pier 35 and China Basin in San Francisco.
e. Add policy sections addressing historic preservation, waterfront design, views and transportation and parking for the area between Pier 35 and China Basin in San Francisco.
f. Add Implementation Requirements to the Special Area Plan for the public benefits described in (2) above.
(10) Rescind the San Francisco Waterfront Total Design Plan Piers 7 through 24.
(c) On December 3, 2009, the San Francisco Bay Conservation and Development Commission approved Resolution No. 09-01, adopting Bay Plan Amendment No. 1-09, amending the San Francisco Waterfront Special Area Plan, to amend the Open Water Areas Policies and the Plan Implementation Requirements of the Special Area Plan to allow a project that proposes to retain a portion of the valley and non-historic shed additions (fill) between Pier 15 and Pier 17 and to define the requirements of an alternative fill removal program. The amendment includes a revision to San Francisco Waterfront Special Area Plan Figure 2 Open Water Basins, Open Water Areas and Public Plazas, and Special Area Plan Map 2.
(d) On March 1, 2012, the San Francisco Bay Conservation and Development Commission (BCDC) approved Resolution 12-01, adopting Bay Plan Amendment 03-11, amending the San Francisco Waterfront Special Area Plan, to amend the Findings, the Open Water Basin and Public Plaza Policies and the Plan Implementation Requirements to allow the relocation of San Francisco's primary cruise ship terminal to Pier 27, the elimination of the Open Water Basin between Piers 19 and 27 to accommodate the cruise ship terminal, the possible retention of the Pier 23 shed and to require alternative public benefits be provided by making the following changes to the Special Area Plan: 
(1) Require a public process to develop an open water basin and public plaza in the Fisherman's Wharf geographic area; 
(2) Add findings that explain the policy and implementation requirement changes; 
(3) Modify the Open Water Basin Policies to: (a) delete the open water basin between Piers 19 and 27; (b) require a planning process to identify a new open water basin within the Northeastern Waterfront (Pier 35 to China Basin); and (c) provisionally delete the requirement to remove a portion of the Pier 23 shed, conditioned on the approval by BCDC of a new, substitute open water basin within the Northeastern Waterfront; 
(4) Modify the Public Plaza policies for Northeast Wharf Plaza to: (a) revise the view requirements affecting Piers 23 and 27 and the Northeast Wharf Plaza; (b) modify the Pier 27 shed removal requirements; and (c) delete the allowance for commercial active recreation use of Northeast Wharf Plaza and the requirement for waterside and small craft access in the plaza; 
(5) Modify the Plan Implementation Requirements to: (a) identify completed requirements; (b) identify new public benefits and phasing; (c) accelerate the completion of the Northeast Wharf Waterfront Plaza; (d) identify the phasing and parameters for creating a replacement open water basin within Northeast Wharf (Pier 35 to China. Basin); and (e) require a public process to identify strategies for addressing historic resources along the San Francisco Waterfront that have been closed to occupancy and use for public safety reasons; and 
(6) Make necessary changes to Figure 2, Figure 3, Plan Map 1 and Plan Map 2. 
NOTE

Authority cited: Sections 66632(f), 66651 and 66652, Government Code. Reference: Sections 66601, 66602 and 66605, Government Code.
HISTORY

1. New chapter 21 (section 11960) and section filed 7-30-96; operative 7-30-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 31).
2. Amendment filed 10-30-2000; operative 11-29-2000 pursuant to Government Code section 11354.1 (Register 2000, No. 44).
3. New subsection (c) summarizing regulatory provisions adopted by Bay Plan Amendment No. 1-09 filed 2-3-2010; regulatory provisions are approved by OAL and operative 2-3-2010 pursuant to Government Code section 11354.1 (Register 2010, No. 6).
4. New subsections (d)-(d)(6) summarizing regulatory provisions adopted by Bay Plan Amendment No. 03-11 filed 3-26-2012; regulatory provisions approved by OAL and operative 3-26-2012 pursuant to Government Code section 11354.1 (Register 2012, No. 13). 
§11961. Approval of White Slough Specific Area Plan.
Note     •     History

On December 15, 1999, the San Francisco Bay Conservation and Development Commission approved the White Slough Specific Area Plan, pursuant to the White Slough Protection and Development Act. The Plan provides for the following in the White Slough area of Vallejo and western Solano County:
(a) permanent protection and enhancement of at least 336 acres of tidal wetlands within White Slough and 132 acres of tidally influenced areas in South White Slough;
(b) the minimum amount of fill, not to exceed 13 acres, necessary to widen State Highway Route 37 to a four-lane highway and to construct interchanges between State Highway Route 37 and State Highway Route 29 and Sacramento Street;
(c) flood protection for upland areas;
(d) suitable water quality; and
(e) wetland enhancement for all tidally influenced areas of South White Slough, including a program for the acquisition, enhancement and permanent preservation of those areas.
NOTE

Authority cited: Sections 66632(f), 66651 and 66652, Government Code. Reference: Sections 66670-66682, Government Code.
HISTORY

1. New section filed 3-7-2000; operative 3-7-2000 pursuant to Government Code section 11354.1 (Register 2000, No. 10). 
Chapter 23. Suisun Marsh Protection Plan
§11970. Marsh Plan Amendments.
Note     •     History

(a) Resolutions
1. On November 1, 2007, the San Francisco Bay Conservation and Development Commission approved Resolution 07-05, adopting Marsh Plan Amendment No. 1-07, updating findings and policies regarding managed wetlands. The amendment includes revisions to the following sections of the Marsh Plan: Environment; Water Supply and Quality; Utilities, Facilities and Transportation; Recreation and Access, and; Land Use and Marsh Management. The amended findings and policies include: current information on the values of managed wetlands; detailed descriptions of the historical and current use of managed wetlands, including current management objectives and challenges; continued support for maintaining managed wetlands for waterfowl hunting, and; detailed policy guidance for the restoration of managed wetlands to tidal action or the retention, enhancement and management of managed wetlands for multiple species.
2. On July 7, 2011, the San Francisco Bay Conservation and Development Commission approved Resolution No. 11-05, adopting Bay Plan Amendment No. 1-10, amending the Suisun Marsh Protection Plan findings and policies for water-related industry and the Suisun Marsh Protection Plan Maps related to the deletion of an approximately 2,400-acre portion of the water-related industrial priority use area at Collinsville, Solano County.
NOTE

Authority cited: Section 29201, Public Resources Code. Reference: Section 66602.1, Government Code; and Suisun Marsh Protection Plan, Parts II and III.
HISTORY

1. Renumbering of former chapter 23 to chapter 24 and new chapter 23 (section 11970) and section filed 1-4-2008; operative 1-4-2008 pursuant to Government Code section 11354.1 (Register 2008, No. 1). 
2. New subsection (a)2. summarizing provisions adopted by Bay Plan Amendment No. 1-10 filed 9-16-2011; operative 9-16-2011 pursuant to Government Code section 11354.1 (Register 2011, No. 37).
Chapter 24. Suisun Marsh Local Protection Plan
§11990. Certification of Amendment to Solano County Local Protection Program.
Note     •     History

On June 17, 1999, the San Francisco Bay Conservation and Development Commission approved Resolution No. 99-02, certifying amendments to Solano County's Local Protection Program component to:
(a) allow wetland restoration and enhancement of diked former tidal marsh within the Collinsville water-related industry reserve area;
(b) assure that any restoration or enhancement project be planned and carried out in a manner that would not preclude development of a marine terminal on the deep water frontage needed for water-related industry or port development; and
(c) not preclude development of a transportation connection between the shoreline and the upland area for water-related uses.
NOTE

Authority cited: Sections 29200 and 29201, Public Resources Code. Reference: Sections 29415, 29418 and 29410-29424, Public Resources Code.
HISTORY

1. New chapter 23 (section 11990) and section filed 3-29-2000; operative 3-29-2000 pursuant to Government Code section 11354.1 (Register 2000, No. 13).  
2. Renumbering of former chapter 23 to chapter 24 filed 1-4-2008; operative 1-4-2008 pursuant to Government Code section 11354.1 (Register 2008, No. 1). 
Division 5.2. Colorado River Board of California
Chapter 1. Guidelines for the Evaluation of Projects Under the California Environmental Quality Act of 1970
§12000. General.
Note     •     History

These Guidelines have been developed by the Colorado River Board of California in accordance with the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000-21174 as amended by Chapter 1154 of the Statutes of 1972 (AB 889). Section 21082 requires all public agencies to adopt objectives, criteria, and procedures for the evaluation of projects and preparation of environmental impact reports consistent with guidelines adopted by the Secretary of the Resources Agency pursuant to Section 21083. On February 3, 1973, the Secretary of the Resources Agency adopted guidelines as part of the California Administrative Code, Title 14, Division 6, Chapter 3, entitled “Guidelines for Implementation of the California Environmental Quality Act of 1970.” Additional information may be obtained by writing:

CHIEF ENGINEER
COLORADO RIVER BOARD OF CALIFORNIA
302 CALIFORNIA STATE BUILDING
217 WEST FIRST STREET
LOS ANGELES, CALIFORNIA 90012
NOTE

Authority cited: Section 12517, Water Code. Reference: Sections 21082 and 21083, Resources Code.
HISTORY

1. New Division 5.2 (Chapter 1, §§ 12000-12006) filed 4-4-73 as an emergency; effective upon filing (Register 73, No. 14).
2. Certificate of Compliance filed 6-22-73 (Register 73, No. 25).
§12001. Purpose.

The purpose of these Guidelines is to provide objectives, criteria, and procedures for the Colorado River Board to review, evaluate, and comment on Environmental Impact Reports (EIR's) and Federal Environmental Impact Statements (EIS's) on projects which would have a significant effect on the environment--as specified by the California Environmental Quality Act of 1970 (CEQA), amended by Chapter 1154, Statutes of 1972.
§12002. Policy.

As outlined in Sections 21000 and 21001 of the CEQA, every public agency and every citizen of the State has an obligation to take all action necessary to protect, rehabilitate and enhance the environment of the State. State Environmental Impact Reports (EIR's) prepared in accordance with CEQA and Federal Environmental Impact Statements (EIS's) prepared pursuant to the National Environmental Policy Act (NEPA) will inform decision-makers of the environmental effects of proposed projects. The function of reviewing EIR's and EIS's requires evaluation of projects to determine whether they might have a significant effect on the environment, examine methods of reducing adverse impacts, and consider alternatives to the project as proposed.
§12003. Definitions.

(a) General.
Whenever the following words or terms are used in these Guidelines, they shall have the meaning ascribed to them in this section. Nothing herein is intended to replace or negate the definitions used in CEQA or in the Guidelines adopted by the Secretary of the Resources Agency.
(b) CEQA--California Environmental Quality Act. Sections 21000 through 21174 of the California Public Resources Code.
(c) EIR--Environmental Impact Report. A detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in CEQA.
(d) EIS--Environmental Impact Statement. A report prepared pursuant to the National Environmental Policy Act of 1969 (NEPA). The Federal Government uses the term EIS in place of the term EIR, which is used in CEQA.
(e) Resources Agency Guidelines. The Guidelines adopted on February 3, 1973, by the Secretary of the Resources Agency pursuant to Section 21083 of CEQA. These Guidelines are now a part of the California Administrative Code, Title 14, Division 6, Chapter 3, entitled, “Guidelines for Implementation of the California Environmental Quality Act of 1970.”
§12004. How the CEQA Applies to Activities of the Colorado River Board.

The purpose of CEQA and the Resources Agency Guidelines is to provide public agencies with guidelines for evaluation of projects and preparation of EIR's on projects over which any public agency has discretionary authority. Since the Colorado River Board does not propose projects on its own, provide financial support for projects, or issue leases, permits, licenses, or certificates for projects, there would not be any occasion for preparation of an EIR. However, the Colorado River Board does evaluate projects in the sense that it reviews and comments on proposed Federal projects in the State and on EIS's prepared pursuant to NEPA as well as on EIR's prepared on State and local projects pursuant to CEQA. In the review of both EIR's and Federal EIS's, the Board will follow Sections 21100 and 21101 of CEQA and Sections 15063 and 15143 of the Resources Agency Guidelines.
§12005. Evaluating Projects.

The Colorado River Board's major involvement with CEQA arises from its statutory responsibility to protect California's rights and interests in the Colorado River, including water quantity, water quality, and power. In fulfilling this responsibility, the Board is concerned with and comments on salinity aspects of the Colorado River, water rights, water salvage, river and reservoir operation, hydro-electric power production, channelization, underground return flows, augmentation of the Colorado River, and regional water planning.
Both Section 21101 of CEQA and Section 15063 of the Resources Agency Guidelines require state officials responsible for preparing official comments on proposed Federal projects in the state which may have a significant effect on the environment to include in their comments a discussion of certain matters. These matters will also be considered when evaluating EIR's on non-Federal projects. They are:
(a) The environmental impact of the proposed action.
(b) Any adverse environmental effects which cannot be avoided if the proposal is implemented.
(c) Mitigation measures proposed to minimize the impact.
(d) Alternatives to the proposed action.
(e) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity.
(f) Any irreversible environmental changes which would be involved in the proposed action should it be implemented.
(g) The growth-inducing impact of the proposed action.
In commenting on proposed projects within the scope of the Colorado River Board's authority, the Board will, to the extent of its competence, discuss each of the above subjects.
§12006. Participation.

Normally, the Colorado River Board obtains copies of EIR's and EIS's through the California State Clearing House. The areas of environmental concern, special qualification, or statutory authority for which the Board has been designated to receive reports for review are listed in Appendix B of the Resources Agency Guidelines. In addition, copies of planning reports on proposed projects are obtained from federal, state, and local agencies. Board representatives also attend public hearings and participate in meetings when necessary for the purpose of obtaining information or exchanging views with other agencies or persons.
After review and analysis of all available information on a proposed project, the Board submits comments to the Resources Agency, which in turn prepares the official comments for the State of California. In cases where the Colorado River Board's findings and comments on various issues may differ from those of other State agencies, conferences will be held to settle the differences.
The contact person for consultation on EIR's is the Chief Engineer, Colorado River Board of California, 302 California State Building, 217 West First Street, Los Angeles, California 90012. The telephone number is (213) 620-4480.
Chapter 2. Colorado River Board of California--Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Section 11409 (a), that the printing of the regulations constituting the Conflict of Interest Code is impractical and these regulations being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations:

COLORADO RIVER BOARD OF CALIFORNIA
107 SOUTH BROADWAY, ROOM 8103
LOS ANGELES, CA 90012

FAIR POLITICAL PRACTICES COMMISSION
1100 K STREET
SACRAMENTO, CA 95814

ARCHIVES
SECRETARY OF STATE
1020 O STREET
SACRAMENTO, CA 95814
The Conflict of Interest Code is designated as Chapter 2, Division 5.2 of Title 14 of the California Code of Regulations, and consists of sections numbered and titled as follows:

Chapter 2. Colorado River Board of California--
Conflict of Interest Code

	Section
	12010.	General Provisions
		Appendix
NOTE

Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300, et seq., Government Code.
HISTORY

1. Repealer of chapter 2 (sections 12010-12018) and new chapter 2 (sections 12010-12016, Appendices A and B) filed 6-1-78; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 10-4-77 (Register 78, No. 22).
2. Repealer of chapter 2 (sections 12010-12016 and Appendices A and B) and new chapter 2 (section 12010 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Amendment filed 12-19-91; operative 1-20-92. Approved by Fair Political Practices Commission 10-22-91 (Register 92, No. 11).
4. Editorial correction of History 3 (Register 95, No. 41).
5. Amendment of general provisions and appendix filed 9-5-2003; operative 10-5-2003. Approved by Fair Political Practices Commission 6-19-2003 (Register 2003, No. 36).
Division 5.3. California Tahoe Conservancy
Article 1. Definitions
§12052. Executive Officer.
Note     •     History

“Executive Officer” means the executive officer of the California Tahoe Conservancy.
NOTE

Authority cited: Section 66906.4, Government Code. Reference: Section 66906.6, Government Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).  For history of former Division 5.3, see Register 81, No. 12.
Article 2. Conservancy Meetings
§12060. Method of Notification.
Note     •     History

Notice of regular meetings of the Conservancy shall be by first class mail or other reasonable means, issued not later than 10 days preceding the meeting.
NOTE

Authority cited: Section 66906.4, Government Code. Reference: Sections 11125 and 66906.4, Government Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12063. Consent Calendar.
Note     •     History

Expedited action, through a consolidated vote on a consent calendar, may be taken on any proposed acquisition of property or other matter, where the staff of the Conservancy and prospective seller of the property, if any, are in agreement, and where the Conservancy has received no comments from a member of the Governing body, a member of the public, or any other source which would indicate that there is opposition to or controversy over the matter. Any matter shall be removed from the consent calendar for individual consideration at the request of a member of the governing body or a member of the public.
NOTE

Authority cited: Section 66906.4, Government Code. Reference: Sections 11125 and 66906.4, Government Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
Article 3. Legal Actions
§12080. Service on the Agency.
Note     •     History

The Executive Officer is hereby designated the clerk and secretary of the Conservancy for purposes of Section 416.50(a) of the Code of Civil Procedure or any successor statute.
NOTE

Authority cited: Section 66906.4, Government Code. Reference: Section 416.50(a), Code of Civil Procedure.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
Article 4. Implementation of California Environmental Quality Act
§12100. Purpose and Authority.
Note     •     History

These regulations are adopted by the California Tahoe Conservancy pursuant to Public Resources Code Section 21082 to implement, interpret, and make specific those provisions of the California Environmental Quality Act (Div. 13, Pub., Res. Code, commencing with Section 21000, hereinafter cited as “CEQA”).
NOTE

Authority cited: Section 66906.4, Government Code; and Section 21082, Public Resources Code. Reference: Sections 21001(f) and 21082, Public Resources Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12101. Incorporation of State CEQA Guidelines.
Note     •     History

(a) In accordance with Section 15022 of Title 14 of the California Administrative Code, the State CEQA Guidelines commencing with Section 15000 of Title 14 of the California Administrative Code are hereby incorporated by reference as if fully set forth in this article. All objectives, criteria, and specific procedures set forth in CEQA and the State CEQA Guidelines including the orderly evaluation of projects and the preparation of environmental documents are hereby adopted.
(b) The words used in this article have the same meaning given them in the State CEQA Guidelines, unless the context clearly requires a different meaning.
NOTE

Authority cited: Section 66906.4, Government Code; and Section 21082, Public Resources Code. Reference: Sections 21001(f) and 21082, Public Resources Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12102. Categorically Exempt Activities.
Note     •     History

In accordance with Sections 15300-15329 of Title 14 of the California Administrative Code, the following list of categorically exempt activities of the Conservancy has been compiled. This list is subject to the limitations on categorical exemptions set forth in the State CEQA Guidelines. This list does not preclude categorical exemptions of other activities that come within the State CEQA Guidelines.
NOTE

Authority cited: Section 66906.4, Government Code; and Section 21082 Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12102.1. Class 1, Existing Facilities.
Note     •     History

In accordance with Section 15301 of Title 14 of the California Administrative Code, Class 1 consists of the operation, repair, maintenance, or minor alteration of lots, topographical features, vegetation or existing facilities involving negligible or no expansion of use beyond that previously existing, including but not limited to:
(a) Existing natural conditions including trees and other vegetation;
(b) Wildlife habitat areas, streamflows, springs and waterholes, and stream channels (i.e., clearing of debris) to protect fish and wildlife resources;
(c) Erosion control facilities;
(d) Existing public recreational facilities, access roads and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities except where the activity will involve removal of a scenic resource including a stand of trees or a rock outcropping.
NOTE

Authority cited: Section 66906.4, Government Code; and Section 21082 Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12102.2. Class 2, Replacement or Reconstruction.
Note     •     History

In accordance with Section 15302 of Title 14 of the California Administrative Code, Class 2 consists of replacement or reconstruction of existing wildlife habitat, erosion control facilities, public access and recreational facilities, where the replacement or reconstruction will be on the same site with substantially the same purpose involving negligible or no expansion of capacity.
NOTE

Authority cited: Section 66906.4, Government Code; and Section 21082 Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12102.3. Class 3, New Construction.
Note     •     History

In accordance with Section 15303 of Title 14 of the California Administrative Code, Class 3 consists of construction of small structures or facilities serving public recreational, wildlife habitat; runoff or erosion control purposes; installation of small new equipment and facilities; and utility extensions to serve these structures or facilities including but not limited to:
(a) Interpretive centers, public restrooms or self-contained toilets, recreation tables, trash receptacles, signing and fencing;
(b) Retaining walls, gabions, curbs and gutters or swales for erosion control and streamflow maintenance;
(c) Infiltration trenches and ponds or sediment basins for runoff control;
(d) Water impoundments to provide food and cover for wildlife and wildlife habitats;
(e) Small roads and parking facilities.
NOTE

Authority cited: Section 66906.4, Government Code; and Section 21082, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12102.4. Class 4, Minor Alterations to Land.
Note     •     History

In accordance with Section 15304 of Title 14 of the California Administrative Code, Class 4 consists of minor public alterations of land, water, and/or vegetation which do not involve removal of mature, scenic trees except for forestry purposes. Examples include but are not limited to:
(a) Revegetation with native plant species;
(b) Creation of bicycle or hiking trails on existing rights-of-way;
(c) Filling previously excavated land with material compatible with the natural features of the site.
NOTE

Authority cited: Section 66906.4, Government Code; and Section 21082, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12102.5. Class 5, Minor Alterations in Land Use Limitations.
Note     •     History

In accordance with Section 15305 of Title 14 of the California Administrative Code, Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density, including but not limited to:
(a) Minor lot line adjustments not resulting in the creation of any new parcel;
(b) Reversion to acreage in accordance with the Subdivision Map Act.
NOTE

Authority cited: Section 66906.4, Government Code; and Section 21082, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12102.6. Class 6, Information Collection.
Note     •     History

In accordance with Section 15306 of Title 14 of the California Administrative Code, Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities related to acquisition or management of land, which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded.
NOTE

Authority cited: Section 66906.4, Government Code; and Section 21082, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12102.9. Class 9, Inspections.
Note     •     History

In accordance with Section 15309 of Title 14 of the California Administrative Code, Class 9 consists of inspection activities including but not limited to identifying hazardous conditions, encroachments, clearing of debris and other problems or needs relating to land management.
NOTE

Authority cited: Section 66906.4, Government Code; and Section 21082, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12102.13. Class 13, Acquisition of Lands for Wildlife Conservation Purposes.
Note     •     History

In accordance with Section 15313 of Title 14 of the California Administrative Code, Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes including preservation of fish and wildlife habitat, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition.
NOTE

Authority cited: Section 66906.4, Government Code; and Section 21082, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12102.16. Class 16, Transfer of Ownership of Land in Order to Create Recreational Areas.
Note     •     History

In accordance with Section 15316 of Title 14 of the California Administrative Code, Class 16 consists of the acquisition or transfer of land in order to establish recreational areas where the land is in a natural condition or contains historic sites or archaeological sites and either:
(a) The management plan for the recreational area has not been prepared, or;
(b) The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological site.
CEQA will apply when a management plan is proposed that will change the area from its natural condition or significantly change the historical or archaeological site.
NOTE

Authority cited: Section 66906.4, Government Code; and Section 21082, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12102.17. Class 17, Open Space Contracts or Easements.
Note     •     History

In accordance with Section 15317 of Title 14 of the California Administrative Code, Class 17 consists of the acceptance of easements or fee interests in order to maintain the open space character of the area.
NOTE

Authority cited: Section 66906.4, Government Code; and Section 21082, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12102.25. Class 25, Transfer of Ownership of Interest in Land to Preserve Open Space.
Note     •     History

In accordance with Section 15325 of Title 14 of the California Administrative Code, Class 25 consists of the transfer of ownership of interests in land in order to preserve open space. Examples include but are not limited to:
(a) Acquisition of areas to preserve open space;
(b) Acquisition to allow restoration and enhancement of natural conditions;
(c) Acquisition to prevent encroachment of development into stream environment zones.
NOTE

Authority cited: Section 66906.4, Government Code; and Section 21082, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
Article 5. California Tahoe Conservancy--Conflict of Interest Code
§12120. Incorporation of Standard Conflict of Interest Code.
Note     •     History

The terms of Title 2, California Administrative Code, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, along with the following appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Conservancy.
NOTE

Authority cited: Sections 66906.4, 87300 and 87304, Government Code. Reference: Section 87300 et seq., Government Code.
HISTORY

1. New section (including Appendix) filed 11-20-87; operative 12-20-87. Approved by Fair Political Practices Commission on 10-13-87 (Register 87, No. 48).

Appendix

Designated Positions 	Category
Chairman, all board members and alternates; the Executive 	A 
Officer and all professional staff except the following: 
administrative secretary, administrative assistant, 
clerical staff, interns, graduate assistants, work study students, 
and staff services analyst.
Consultants and contractors paid by the Conservancy.*	A 
Interns and graduate assistants (other than work study students)	A 
paid by the Conservancy.
Staff services analyst	B 
---------- 

* Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The Executive Director/Officer may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's/Officer's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 
Disclosure Categories
Category A
Persons in this category must report all investments, interest in real property, income, and any management position with any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management, subject to the following limitations:
(a) Income, other than a gift, is reportable only if it is received from a source within the region or, if that source is doing business within the region, planning to do business within the region, or has done business within the region during the two-year period prior to the time any statement is required under this code.
(b) An interest in real property is reportable only if the property, or any part of it, is located within or not more than two miles outside the boundaries of the region.
(c) Investments are reportable only if the business entity has an interest in real property in the region, or does business, or plans to do business, in the region, or has done business within the region at any time during the two-year period prior to the time any statement is required under this code.
(d) Business entities are reportable for purposes of management position disclosure, only if the business entity is doing business, or plans to do business, within the region or has done business within the region at any time during the two years prior to the time any statement is required under these regulations. 
Category B
Persons in this category are subject to the same filing requirements as persons in Category A with the following additional limitations:
Income, investments and management positions are only reportable if the source of income or business entity is likely to do business with the Conservancy to provide services, equipment, or machinery of the type used by the Conservancy.
Division 5.4. California Tahoe Regional Planning Agency
Editorial Note: The regulations, plans and ordinances of the California Tahoe Regional Planning Agency may be obtained by purchasing them from:

CALIFORNIA TAHOE REGIONAL PLANNING AGENCY
P.O. BOX 14467 OR 3053 HARRISON AVE.
SOUTH LAKE TAHOE, CALIFORNIA 95702
TELEPHONE: (916) 541-6770
NOTE

Authority cited: Sections 67048, 67101, 87300 and 87304, Government Code. Reference: Sections 11385, and 87300 et seq., Government Code.
HISTORY

1. Chapters 1-10 (Sections 1-116, not consecutive) refiled 7-17-78; designated effective 3-2-78. This filing contained all current regulations of the California Tahoe Regional Planning Agency (Register 78, No. 29). For prior history, see Register 77, No. 35.
2. Repealer of Sections 100-105.10 and new Section 100 (Conflict of Interest Code) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
Division 5.5. * California Coastal Commission

(Originally Printed 1-22-77)

*Division 5.5 formerly California Coastal Zone Conservation Commission.
Chapter 1. General Provisions
Article 1. Interpretation of Regulations
§13001. Purpose of Regulations.
Note     •     History

These regulations are promulgated pursuant to the California Coastal Act of 1976, as it may be amended from time to time, to enable the California Coastal Commission to carry out the purposes and provisions of the Act. No attempt has been made to reproduce in these regulations the definitions, policies, and other provisions found in the Act. Therefore, these regulations should be read together with the Act.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
HISTORY

1. Repealer of Division 5.5 (Sections 13001-14000, not consecutive) and new Division 5.5 (Sections 13001-13250, not consecutive) filed 1-19-77 as an emergency; effective upon filing (Register 77, No. 4). For prior history, see Registers 73, No. 11; 73, No. 20; 73, No. 27; 73, No. 34; 74, No. 9; 74, No. 11; 74, No. 17; 74, No. 23; 74, No. 34; 74, No. 49; 74, No. 52; 75, No. 25; 75, No. 29; 75, No. 52; and 76, No. 31.
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
§13002. Explanation of References.
Note

Reference in these regulations to “Chapter,” “Subchapter,” “Article,” “Section,” and “Subsection” denote subdivisions of these regulations. References to the California Coastal Act of 1976, codified as Division 20 of the Public Resources Code, are in this form: “Public Resources Code, Section ____________.”
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
§13003. Use and Effect.
Note     •     History

Each of these regulations shall be interpreted and liberally construed to accomplish the purposes and carry out the objectives of the California Coastal Act of 1976.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30009, Public Resources Code.
HISTORY

1. Amendment filed 3-10-82; effective thirtieth day thereafter (Register 82, No. 11).
§13004. Reference to Commission and to Regional Commission.
History

HISTORY

1. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
Article 2. Definitions
§13006. Aggrieved Person.
Note

An “aggrieved” person is any person who meets the requirements of Public Resources Code, Section 30801.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30801, Public Resources Code.
§13007. Appointed Membership.
Note     •     History

“Appointed membership” means all the persons who have been appointed or designated to serve and have been sworn in as voting members of the commission; a vacancy on the commission shall not be computed in determining a majority or two-thirds of the appointed membership.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 7-7-98; operative 8-6-98 (Register 98, No. 28).
§13009. Emergency.
Note

“Emergency,” as used in Public Resources Code Section 30624, and these regulations means: a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
§13010. Filing of an Application.
History

HISTORY

1. Repealer filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
§13011. First Public Road Paralleling the Sea.
Note     •     History

The “first public road paralleling the sea” means that road nearest to the sea, as defined in Section 30115 of the Public Resources Code, which:
(a) Is lawfully open to uninterrupted public use and is suitable for such use;
(b) Is publicly maintained;
(c) Is an improved, all-weather road open to motor vehicle traffic in at least one direction;
(d) Is not subject to any restrictions on use by the public except when closed due to an emergency or when closed temporarily for military purposes; and
(e) Does in fact connect with other public roads providing a continuous access system, and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries, and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30601, 30603, 30604, and 30212, Public Resources Code.
HISTORY

1. Amendment filed 4-21-81; effective thirtieth day thereafter (Register 81, No. 17).
§13012. Major Public Works and Energy Facilities.
Note     •     History

(a) “Major public works” and “Major energy facilities” mean facilities that cost more than one hundred thousand dollars ($100,000) with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Sections 30610, 30610.5, 30611 or 30624.
(b) Notwithstanding the criteria in (a), “major public works” also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30601 and 30603, Public Resources Code.
HISTORY

1. New section filed 2-11-77 as an emergency; effective upon filing (Register 77, No. 7).
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
3. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
4. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
5. Designation of subsection (a), new subsection (b) and amendment of Note filed 9-30-92; effective 10-30-92 (Register 92, No. 40).
Article 3. Official Records
§13013. Inspection of Public Records.
History

HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13013.5. Copies and Certification.
Note     •     History

Copies of official records may be made and certified by the commission, the expense thereof to be borne by the person or party requesting the same.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 6257, Government Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
Chapter 2. Meetings
Article 1. Regular Meetings--Time
HISTORY

1. Repealer of Article 1 (Sections 13014 and 13014.5) filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
Article 2. Regular Meetings--Notice
§13015. Method of Notification.
Note     •     History

Notice of regular meetings of the commission shall be by first class mail or other reasonable means, dispatched not later than 10 days preceding the meeting and containing an agenda listing each item to be considered. The agenda item description shall conform to Section 13063 where the item is a development permit application.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code; and Section 11125, Government Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
3. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§13016. Who Shall Receive Notice.
Note     •     History

Such notice shall be mailed to commission members, to all parties to proceedings on the agenda, to others known to be interested in specific agenda items, and to any person who requests such notice in writing. The commission may require each person requesting such notice to supply self-addressed stamped envelopes for the purpose of providing such notice. The commission shall also mail the notice and agenda of the commission hearings to public libraries, building departments and city halls throughout its coastal zone area with a request that they be regularly posted on public bulletin boards or other places readily accessible to the public and shall provide the agenda to newspapers of general circulation.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code; and Section 11125, Government Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13017. Substituted Notice.
Note     •     History

Should circumstances arise substantially affecting the reliability of the U.S. Postal Service, the executive director of the commission may substitute for any notification required by these regulations to be mailed, such other form of notification reasonable under the circumstances, such as newspaper publication, radio or television broadcasting, telephonic communication, posting on public property or on property subject to a permit application, or such other reasonable means as might be available.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code; and Section 11125, Government Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
Article 3. Special Meetings
§13018. Time and How Called.
Note     •     History

A special meeting of the commission may be called for any reasonable time by resolution or by written petition of a majority of the appointed members of the commission, or by written call of the chairperson.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13018.5. Notice.
Note

Notice of any special meetings shall be given in the same manner provided in Sections 13015, 13016, and 13017.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code.
Article 4. Emergency Meetings
§13019. Time and Reason For.
Note     •     History

The chairperson of the commission may call an emergency meeting for any day and time when a situation may exist that poses danger to life, health, or property and when commission action is or may be needed in the situation.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13020. Notice.
Note

Notice of any emergency meeting must be provided by telegram to all persons entitled to receive notice pursuant to Section 13016 and, shall be sent not less than 24 hours prior to the meeting, if possible. In addition commission members shall be notified by telephone prior to or immediately following placing of the telegraphic notice and a reasonable effort shall be made to notify the public of the meeting. Any such notice shall contain a listing of the items to be considered at the emergency meeting.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code.
Article 5. Meetings--Quorum and Procedures
§13021. Quorum.
Note     •     History

For all meetings of the commission, a quorum shall be majority of the total appointed membership of the commission. In the absence of a quorum physically present in the meeting room, the meeting proceedings shall be suspended until such time as a quorum is present within the meeting room itself.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.
HISTORY

1. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-30-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
3. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13022. Voting--Number Required to Authorize Action.
Note     •     History

Except as otherwise required by the California Coastal Act of 1976 or in these regulations, actions of the commission shall be by vote of a majority of commissioners physically present within the meeting room at the time of the vote.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.
HISTORY

1. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
3. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13023. Procedures--Robert's Rules of Order.
Note     •     History

Except where the provision of the California Coastal Act of 1976 or of these regulations provide to the contrary, or when the commission determines otherwise, the commission shall operate under the latest edition of Robert's Rules of Order.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
3. Amendment filed 7-7-98; operative 8-6-98 (Register 98, No. 28).
§13024. Agenda.
Note     •     History

(a) The agenda for regular meetings of the commission shall be set by the executive director at least 10 days prior to the meeting.
(b) Items on the agenda shall be heard in the order listed. The chairperson may with the concurrence of a majority of commissioners present, order that any particular item on the agenda be trailed to a later time in the meeting where, in the opinion of the chairperson and the commission, such change is necessary to: (1) obtain the testimony of an interested person, including a government agency staff person, who has been prevented from appearing or making a presentation by unexpected factors beyond the individual's control; (2) consolidate two or more factually or legally related agenda items for a single hearing where consolidation of the items will prevent duplication of testimony; or, (3) provide time for additional staff analysis of a newly raised issue or of new information which does not require continuance of the matter to a subsequent meeting.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code; and Section 11125, Government Code.
HISTORY

1. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
3. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
4. Amendment of subsection (a) filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
5. Amendment of subsection (b) filed 7-7-98; operative 8-6-98 (Register 98, No. 28).
§13025. Voting--Prerequisite of Notice.
Note     •     History

The commission shall not vote upon substantive or policy matters of general importance, including permit applications when adequate descriptive notice has not been given as part of the required notice of the meeting. This shall include actions to be taken on personnel matters such as appointment or removal of Chairperson, Vice Chairperson, and Executive Director.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
3. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
4. Amendment filed 7-7-98; operative 8-6-98 (Register 98, No. 28).
§13025.1. Voting--Fairness and the Appearance of Fairness.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30001, 30001.5, 30004, 30006 and 30310(b), Public Resources Code; and Section 84308, Government Code.
HISTORY

1. New section filed 4-29-80 as an emergency; effective upon filing (Register 80, No. 18). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 8-28-80.
2. Amendment filed 6-4-80 as an emergency; effective upon filing (Register 80, No. 23). A Certificate of Compliance must be filed by 8-28-80 or emergency language will be repealed.
3. Certificate of Compliance including amendments transmitted to OAL 8-26-80 and filed 9-24-80 (Register 80, No. 39).
4. Editorial Correction of subsection (a) (Register 81, No. 4).
5. Repealer filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§13026. Recording of Meetings.
History

HISTORY

1. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13027. Minutes of Meetings.
History

HISTORY

1. Amendment of subsection (c) filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
Chapter 3. Officers and Staff
Article 1. Officers
§13028. Selection and Term of Chairperson and Vice-Chairperson.
Note     •     History

A chairperson and vice-chairperson of the commission shall be selected and shall serve for a term to be fixed by the commission. The selection shall only take place after public notice of the proposed action has been given in accordance with Section 13015.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30315 and 30316, Public Resources Code; and Section 11125, Government Code.
HISTORY

1. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
3. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13029. Duties of Chairperson.
History

HISTORY

1. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13030. Duties of Vice-Chairperson.
History

HISTORY

1. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
Article 2. Staff
§13031. Executive Director--Appointment and Term.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
3. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13032. Duties and Delegation.
Note     •     History

(a) In accordance with the direction and policies of the commission and pursuant to Public Resources Code Section 30335, the executive director shall administer the affairs of the commission and, subject to approval by that commission, the executive director of the commission shall on behalf of the commission and in accordance with applicable state and civil service procedures, appoint such other employees as may be necessary to carry out the functions of the commission.
(b) Except as specifically provided by resolution, the executive director may delegate the performance of any of his or her functions, but such delegation(s) shall not affect his or her responsibility to see that the directions and policies of the commission are carried out fully and faithfully.
(c) The executive director of the commission shall, when authorized by resolution of the commission, establish administrative procedures necessary to implement these regulations. Such administrative procedures shall be reduced to writing, shall be kept current with any amendments thereto, and shall be made available to all persons who shall be provided a copy of such procedures upon request and upon the payment of a reasonable fee.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30335, Public Resources Code.
HISTORY

1. Amendment filed 6-11-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13033. Acting Executive Director.
History

HISTORY

1. Repealer filed 3-12-82; effective thirtieth day thereafter Register 82, No. 11).
§13034. Ombudsperson.
Note     •     History

The Chief Counsel of the California Coastal Commission shall be the regulatory ombudsperson for the California Coastal Commission. In his or her capacity as the regulatory ombudsperson, the Chief Counsel shall review all petitions for rulemaking and shall make recommendations to the Commission on any proposed rulemaking.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 11340.7, Government Code.
HISTORY

1. New section filed 7-7-98; operative 8-6-98 (Register 98, No. 28).
Chapter 4. California Coastal Commission--Conflict of Interest Code
NOTE: Pursuant to a regulation of the Fair Political Practices Commission (Title 2, CCR, section 18750(k)(2)), an agency adopting a conflict of interest code has the options of requesting that the code either be (1) printed in the CCR in its entirety or (2) incorporated by reference into the CCR. Here, the adopting agency has requested incorporation by reference. However, the full text of the regulations is available to the public for review or purchase at cost at the following locations:

CALIFORNIA COASTAL COMMISSION
45 FREMONT STREET, SUITE 2000
SAN FRANCISCO, CA 94105 

FAIR POLITICAL PRACTICES COMMISSION
428 “J” STREET, SUITE 800
SACRAMENTO, CALIFORNIA 95814

SECRETARY OF STATE
ARCHIVES
1020 “O” STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Chapter 4, Division 5.5 of Title 14 of the California Code of Regulations, and consists of sections numbered and titled as follows:

Chapter 4.
California Coastal Commission--
Conflict of Interest Code

	Section
	13040. 	General Provisions
		Appendix A
		Appendix B
NOTE

Authority cited:  Section 87300, Government Code. Reference: Sections 87300, 87302 and 87306, Government Code.  
HISTORY

1. New Chapter 4 (Sections 13040-13049) filed 4-10-78; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 3-8-78 (Register 78, No. 15).
2. Amendment of Section 13045 filed 4-29-80 as an emergency; effective upon filing (Register 80, No. 18). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-28-80.
3. Amendment of Section 13045 filed 6-4-80 as an emergency; effective upon filing (Register 80, No. 23). A Certificate of Compliance must be filed by 8-28-80 or emergency language will be repealed.
4. Certificate of Compliance including amendment transmitted to OAL 8-26-80 and filed 9-24-80. Approved by Fair Political Practices Commission 8-2-80 (Register 80, No. 39).
5. Editorial correction of Section 13045 filed 12-17-80 (Register 80, No. 51).
6. Repealer of former Chapter 4 (Sections 13040-13049) and new Chapter 4 (Section 13040 and appendix) filed 2-27-85; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 2-13-85 (Register 85, No. 9).
7. Editorial correction of addresses and History 2 (Register 95, No. 7).
8. Amendment of section filed 3-30-95; operative 5-1-95. Approved by Fair Political Practices Commission 10-30-91 (Register 95, No. 13).
9. Editorial correction eliminating a typographical error and providing a separate listing for appendices A and B (Register 96, No. 47).
10. Amendment of Appendix A and Note filed 11-19-96; operative 12-19-96. Approved by Fair Political Practices Commission 7-19-96 (Register 96, No. 47).
11. Amendment of appendices A and B filed 3-10-98; operative 4-9-98. Approved by Fair Political Practices Commission 1-5-98 (Register 98, No. 11).
12. Amendment of Appendix A filed 9-4-2001; operative 10-4-2001. Approved by Fair Political Practices Commission 7-13-2001 (Register 2001, No. 36).
13. Amendment of Appendix A filed 7-18-2003; operative 8-17-2003. Approved by Fair Political Practices Commission 4-24-2003 (Register 2003, No. 29).
Chapter 5. Coastal Development Permits Issued by Coastal Commissions
§13050. Scope of Chapter.
Note     •     History

Except as specifically provided by any subdivision hereof the provisions of this chapter shall govern all coastal development permit applications required under Public Resources Code, Section 30601, and under Public Resources Code, Section 30600 where a local government has not exercised its option to administer permits as provided in Sections 13301-13327 of these regulations.
§13050.5. Permit Jurisdiction over Portions of a Development Not Within the Coastal Zone.
Note     •     History

Except for the following circumstances a coastal development permit shall only be required for a development or those portions of a development actually located within the coastal zone:
(a) In the case of any division of land, a permit shall be required only for any lots or parcels created which require any new lot lines or portions of new lot lines in the coastal zone: in such instance, commission review shall be confined to only those lots or portions of lots located within the coastal zone.
(b) In the case of any development involving a structure or similar integrated physical construction, a permit shall be required for any such structure or construction which is partially in and partially out of the coastal zone.
NOTE

Authority cited: Sections 30331 and 30333, Public Resources Code. Reference: Division 20, Public Resources Code.
HISTORY

1. New section filed 5-8-78 as an emergency; effective upon filing (Register 78, No. 19).
2. Certificate of Compliance filed 8-10-78 (Register 78, No. 32).
§13051. Reference to Regional Commission.
Note     •     History

NOTE

Authority cited: Sections 30331 and 30333, Public Resources Code.
HISTORY

1. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13051.5. Reference to Executive Director.
Note     •     History

NOTE

Authority cited: Sections 30331 and 30333, Public Resources Code.
HISTORY

1. New section filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Repeal filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Subchapter 1. Regular Permits
Article 1. When Local Applications Must Be Made First
§13052. When Required.
Note     •     History

When development for which a permit is required pursuant to Public Resources Code, Section 30600 or 30601 also requires a permit from one or more cities or counties or other state or local governmental agencies, a permit application shall not be accepted for filing by the Executive Director unless all such governmental agencies have granted at a minimum their preliminary approvals for said development, except as provided in section 13053. An applicant shall have been deemed to have complied with the requirements of this Section when the proposed development has received approvals of any or all of the following aspects of the proposal, as applicable:
(a) Tentative map approval;
(b) Planned residential development approval;
(c) Special or conditional use permit approval;
(d) Zoning change approval;
(e) All required variances, except minor variances for which a permit requirement could be established only upon a review of the detailed working drawings;
(f) Approval of a general site plan including such matters as delineation of roads and public easement(s) for shoreline access;
(g) A final Environmental Impact Report or a negative declaration, as required, including (1) the explicit consideration of any proposed grading; and (2) explicit consideration of alternatives to the proposed development; and (3) all comments and supporting documentation submitted to the lead agency;
(h) Approval of dredging and filling of any water areas;
(i) Approval of general uses and intensity of use proposed for each part of the area covered by the application as permitted by the applicable local general plan, zoning requirements, height, setback or other land use ordinances;
(j) In geographic areas specified by the Executive Director of the Commission, evidence of a commitment by local government or other appropriate entity to serve the proposed development at the time of completion of the development, with any necessary municipal or utility services designated by the Executive Director of the Commission;
(k) A local government coastal development permit issued pursuant to the requirements of Chapter 7 of these regulations.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code; and Section 65941, Government Code.
HISTORY

1. Amendment of subsection (g) and refiling of subsection (j) filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 10-20-77 as an emergency; effective upon filing (Register 77, No. 43).
3. Amendment filed 1-19-78; effective thirtieth day thereafter (Register 78, No. 3).
4. Amendment of subsection (j) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
5. Amendment of first paragraph and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13053. Where Preliminary Approvals Are Not Required.
Note     •     History

(a) The executive director may waive the requirement for preliminary approval by other federal, state or local governmental agencies for good cause, including but not limited to:
(1) The project is for a public purpose;
(2) The impact upon coastal zone resources could be a major factor in the decision of that state or local agency to approve, disapprove, or modify the development;
(3) Further action would be required by other state or local agencies if the coastal commission requires any substantial changes in the location or design of the development;
(4) The state or local agency has specifically requested the coastal commission to consider the application before it makes a decision or, in a manner consistent with the applicable law, refuses to consider the development for approval until the coastal commission acts, or
(5) A draft Environmental Impact Report upon the development has been completed by another state or local governmental agency and the time for any comments thereon has passed, and it, along with any comments received, has been submitted to the commission at the time of the application.
(b) Where a joint development permit application and public hearing procedure system has been adopted by the commission and another agency pursuant to Public Resources Code section 30337, the requirements of Section 13052 shall be modified accordingly by the commission at the time of its approval of the joint application and hearing system.
(c) The executive director may waive the requirements of section 13052 for developments governed by Public Resources Code, section 30606.
(d) The executive director of the commission may waive the requirement for preliminary approval based on the criteria of section 13053(a) for those developments involving uses of more than local importance as defined in section 13513.
(e) The executive director shall waive the requirement for preliminary approval when required pursuant to Government Code section 65941(c).
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code; and Section 65941, Government Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment of subsections (a)(5) and (d) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment of subsections (a)(3) and (d) filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
4. Amendment of subsections (b)-(d), new subsection (e) and amendment of Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 2. Application for Permit
§13053.4. Single Permit Application.
Note     •     History

(a) To the maximum extent feasible, functionally related developments to be performed by the same applicant shall be the subject of a single permit application. The executive director shall not accept for filing a second application for development which is the subject of a permit application already pending before the commission. This section shall not limit the right of an applicant to amend a pending application for a permit in accordance with the provisions of section 13072.
(b) The executive director shall not accept for filing an application for development on a lot or parcel or portion thereof which is the subject of a pending proposal for an adjustment to the boundary of the coastal zone pursuant to Public Resources Code section 30103(b).
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.
HISTORY

1. Repealer of Article 2 (Sections 13053.5 and 13053.6) and new Article 2 (Sections 13053.4-13053.6) filed 5-29-79; effective thirtieth day thereafter (Register 79, No. 22). For history of former article, see Registers 79, No.10; 79, No. 9; and 77, No. 24.
2. Amendment of subsection (a) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Repealer of subsection (b) and subsection relettering filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13053.5. Application Form and Information Requirements.
Note     •     History

The permit application form shall require at least the following items:
(a) An adequate description including maps, plans, photographs, etc., of the proposed development, project site and vicinity sufficient to determine whether the project complies with all relevant policies of the Coastal Act, including sufficient information concerning land and water areas in the vicinity of the site of the proposed project, (whether or not owned or controlled by the applicant) so that the Commission will be adequately informed as to present uses and plans, both public and private, insofar as they can reasonably be ascertained for the vicinity surrounding the project site. The description of the development shall also include any feasible alternatives or any feasible mitigation measures available which would substantially lessen any significant adverse impact which the development may have on the environment. For purposes of this section the term “significant adverse impact on the environment” shall be defined as in the California Environmental Quality Act and the Guidelines adopted pursuant thereto.
(b) A description and documentation of the applicant's legal interest in all the property upon which work would be performed, if the application were approved, e.g., ownership, leasehold, enforceable option, authority to acquire the specific property by eminent domain.
(c) A dated signature by or on behalf of each of the applicants, attesting to the truth, completeness and accuracy of the contents of the application and, if the signer of the application is not the applicant, written evidence that the signer is authorized to act as the applicant's representative and to bind the applicant in all matters concerning the application.
(d) In addition to full size drawings, maps, photographs, and other exhibits drawn to scale, either one (1) copy of each drawing, map, photograph, or other exhibit approximately 8 1/2 in. by 11 in., or if the applicant desires to distribute exhibits of a larger size, enough copies reasonably required for distribution to those persons on the Commission's mailing lists and for inspection by the public in the Commission office. A reasonable number of additional copies may, at the discretion of the Executive Director, be required.
(e) Any additional information deemed to be required by the commission or the commission's executive director for specific categories of development or for development proposed for specific geographic areas.
(f) The form shall also provide notice to applicants that failure to provide truthful and accurate information necessary to review the permit application or to provide public notice as required by these regulations may result in delay in processing the application or may constitute grounds for revocation of the permit.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30601.5 and 30620, Public Resources Code.
HISTORY

1. Amendment of subsections (a), (d) and (e) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Amendment of subsection (b) filed 4-22-82; effective thirtieth day thereafter (Register 82, No. 17).
3. Amendment of subsections (a) and (d) filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13053.6. Amendment of Application Form.
Note     •     History

The executive director of the commission may, from time to time, as he or she deems necessary, amend the format of the application form, provided, however, that any significant change in the type of information requested must be approved by the commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Article 3. Applicant's Notice Requirements
§13054. Identification of Interested Persons/Submission of Envelopes/Posting of Site.
Note     •     History

(a) For applications filed after the effective date of this subsection, the applicant shall provide names and addresses of, and stamped envelopes for adjacent landowners and residents, and other interested persons as provided in this section. The applicant shall provide the commission with a list of:
(1) the addresses of all residences, including each residence within an apartment or condominium complex, located within one hundred (100) feet (not including roads) of the perimeter of the parcel of real property of record on which the development is proposed,
(2) the addresses of all owners of parcels of real property of record located within one hundred (100) feet (not including roads) of the perimeter of the parcel of real property of record on which the development is proposed, based upon the most recent equalized assessment roll, and
(3) the names and addresses of all persons known to the applicant to be interested in the application, including those persons who testified at or submitted written comments for the local hearing(s).
This list shall be part of the public record maintained by the commission for the application.
(b) The applicant shall also provide the commission with stamped envelopes for all addresses on the list prepared pursuant to subsection (a) above. Separate stamped envelopes shall be addressed to “owner,” “occupant,” or the name of the interested person, as applicable. The applicant shall also place a legend on the front of each envelope including words to the effect of “Important. Public Hearing Notice.” The executive director shall provide an appropriate stamp for the use of applicants in the commission office. The legend shall be legible and of sufficient size to be reasonably noted by the recipient of the envelope. The executive director may waive this requirement for addresses identified under subsection (a)(1) and (2) above and may require that some other suitable form of notice be provided by the applicant to those interested persons pursuant to section 13063(b) of these regulations.
(c) If at the applicant's request, the public hearing on the application is postponed or continued after notice of the hearing has been mailed, the applicant shall provide an additional set of stamped, addressed envelopes that meet the requirements of section 13054(b). The additional set of stamped, addressed envelopes shall be submitted within ten days of the commission's decision to postpone or continue the hearing.
(d) At the time the application is submitted for filing, the applicant must post, at a conspicuous place, easily read by the public which is also as close as possible to the site of the proposed development, notice that an application for a permit for the proposed development has been submitted to the commission. Such notice shall contain a general description of the nature of the proposed development. The commission shall furnish the applicant with a standardized form to be used for such posting. If the applicant fails to sign the declaration of posting, the executive director of the commission shall refuse to file the application.
(e) Pursuant to Sections 13104 through 13108.5, the commission shall revoke a permit if it determines that the permit was granted without proper notice having been given.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.
HISTORY

1. Amendment to subsections (a) and (c) filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment of subsection (a) filed 8-22-77 as an emergency; effective upon filing (Register 77, No. 35).
3. Amendment of subsection (a) filed 9-30-77, effective thirtieth day thereafter (Register 77, N 40). Amendment subs ion ) a (c) filed 8-81; effective thirtieth day thereafter (Register 81, No. 5).
4. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
5. Amendment filed 8--14--81; effective thirtieth day thereafter (Register 81, No. 33).
6. Amendment of article heading, section heading and section filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 4. Schedule of Filing Fees for Processing Permit Applications and Other Filings
§13055. Fees.
Note     •     History

(a) Filing fees for processing coastal development permit applications shall be as follows:
(1) $2,500 for any development qualifying for an administrative permit.
(2) (A) For up to 4 detached, single-family residences the fee for each residence shall be based on the square footage of the proposed residence as shown in the following table:

	Square Footage of Proposed	Fee

	Residence

	1500 or less	$3,000

	1501 to 5000	$4,500

	5001 to 10,000	$6,000

	10,001 or more	$7,500
(B) For more than 4 detached, single-family residences, the fee shall be as follows:

(1) 	For residences of 1500 square feet or less, the fee shall be $15,000 or $1,000 per residence, whichever is greater, but not to exceed $100,000;
(2) For residences of 1501 to 5000 square feet, the fee shall be $22,500 or $1,500 per residence, whichever is greater, but not to exceed $100,000;
(3) For residences of 5001 to 10,000 square feet, the fee shall be $30,000 or $2,000 per residence, whichever is greater, but not to exceed $100,000;
(4) For residences of 10,001 or more square feet, the fee shall be $37,500 or $2,500 per residence, whichever is greater, but not to exceed $100,000.
For developments that include residences of different sizes, the fee shall be based upon the average square footage of all the residences.
(C) As used herein, the term “square footage” includes gross internal floor space of the main house and attached garage(s), plus any detached structures (e.g., guest houses, detached bedrooms, in-law units, garages, barns, art studios, tool sheds, and other outbuildings.)
(3) (A) For up to 4 attached residential units the fee shall be $7,500. 
(B) For more than 4 attached residential units, the fee shall be $10,000 or $750 per unit, whichever is greater, but not to exceed $50,000. 
(4) All projects that include more than 50 cubic yards of grading shall be subject to an additional fee as shown on the following table: 

	Cubic Yards of Grading	Fee

	51 to 100	$500

	101 to 1000	$1,000

	1001 to 10,000	$2,000

	10,001 to 100,000	$3,000

	100,001 to 200,000	$5,000

	200,001 or more	$10,000
This fee does not apply to residential projects that qualify for administrative permits.
(5) For office, commercial, convention, or industrial (including energy facilities as defined in Public Resouces Code section 30107) development, and for all other development not otherwise identified in this section, the fee shall be based upon either the gross square footage as shown in (5)(A) or the development cost as shown in (5)(B) whichever is greater.
(A) Fees based upon gross square footage shall be as follows:

	Square Footage	Fee

	of Proposed Development

	1000 or less	$5,000

	1001 to 10,000	$10,000

	10,001 to 25,000	$15,000

	25,001 to 50,000	$20,000

	50,001 to 100,000	$30,000

	100,001 or more	$50,000
(B)(1) Fees based upon development cost shall be as follows:

	Development Cost	Fee

	$100,000 or less	$3,000

	$100,001 to $500,000	$6,000

	$500,001 to $2,000,000	$10,000

	 $2,000,001 to $5,000,000	$20,000

	 $5,000,001 to $10,000,000	$25,000

	$10,000,001 to $25,000,000	$30,000

	$25,000,001 to $50,000,000	$50,000

	$50,000,001 to $100,000,000	$100,000

	$100,000,001 or more	$250,000
(2) As used herein, the term “development cost” includes all expenditures, including the cost for planning, engineering, architectural, and other services, made or to be made for designing the project plus the estimated cost of construction of all aspects of the project both inside and outside the Commission's jurisdiction.
(6) $1,000 for immaterial amendments to coastal development permits, and fifty percent (50%) of the permit fee that would currently apply to the permitted development for material amendments to coastal development permits.
(7) $1,000 for emergency permits. A fee paid for an emergency permit shall be credited toward the fee charged for the follow-up coastal development permit.
(8) $2,500 for temporary events that require a permit, unless the application is scheduled on the administrative calendar, in which case the fee shall be $1,000.
(b) Filing fees for filings other than coastal development permit applications shall be as follows:
(1) (A) $500 for either an extension or reconsideration of coastal development permit for a single-family dwellings.
(B) $1,000 for an extension or reconsideration of any other coastal development permit.
(2) $500 for a “de minimis” waiver of a coastal development permit application pursuant to Public Resources Code section 30624.7 and for a waiver pursuant to sections 13250(c) and 13253(c) of this title.
(3) $250 for any written confirmation of exemption from permit requirements of Public Resources Code section 30600.
(4) $1,000 for any continuance requested by the applicant, except the first continuance.
(5) The filing fee for:
(A) any certification of consistency that is submitted to the Commission pursuant to sections 307(c)(3)(A) or (B) of the Coastal Zone Management Act of 1972 (16 USC section 1456(c)(3)(A), (B)), or
(B) any appeal to the Commission pursuant to Public Resources Code sections 30602 or 30603(a)(5) by an applicant of a denial of a coastal development permit application 
shall be determined in accordance with the provisions of subsection (a).
(6) The request for a boundary determination pursuant to either section 13255.1 or 13576(c) shall be accompanied by a filing and processing fee of $250. For a request for a boundary determination pursuant to section 13255.1 or 13576(c)(2) that pertains to two or more parcels, the fee shall be paid on a per parcel basis.
(7) The request for a boundary adjustment pursuant to section 13255.2 shall be accompanied by a filing and processing fee of $5,000.
(c) The fees established in this section shall be increased annually by an amount calculated on the basis of the percentage change from the year in which this provision becomes effective in the California Consumer Price Index for Urban Consumers as determined by the Department of Industrial Relations pursuant to Revenue and Taxation Code Section 2212. The increased fee amounts shall become effective on July 1 of each year. The new fee amounts shall be rounded to the nearest dollar.
(d) Fees for an after-the-fact (ATF) permit application shall be five times the amount specified in section (a) unless such added increase is reduced by the Executive Director when it is determined that either:
(1) the ATF permit application can be processed by staff without significant additional review time (as compared to the time required for the processing of a regular permit,) or
(2) the owner did not undertake the development for which the owner is seeking the ATF permit,

but in no case shall such reduced fees be less than double the amount specified in section (a) above. For applications that include both ATF development and development that has not yet occurred, the ATF fee shall apply only to the ATF development. In addition, payment of an ATF fee shall not relieve any persons from fully complying with the requirements of Division 20 of the Public Resources Code or of any permit granted thereunder or from any penalties imposed pursuant to Chapter 9 of Division 20 of the Public Resources Code.
(e) Where a development consists of a land division including, but not limited to, lot line adjustments or issuance of a conditional certificate of compliance pursuant to Government Code section 66499.35(b), the fee shall be $3,000 for each of the first four lots, plus $1,000 for each additional lot. Conversion to condominiums shall be considered a division of the land.
(f) If different types of developments are included in one permit application, the fee shall be the sum of the fees that would apply if each development was proposed in a separate application. However, in no case shall the fee for residential development exceed $100,000 and in no case shall the fee for all other development exceed $250,000. 
(g) In addition to the above fees, the commission may require the applicant to reimburse it for any additional reasonable expenses incurred in processing the permit application, including the costs of providing public notice. Notwithstanding the foregoing, the commission shall not require an applicant for a permit for one single-family dwelling to reimburse it for litigation costs or fees that the commission may incur in defending a judicial challenge to the commission's approval of the permit.
(h) The fees specified in sections (a) and (b) may be modified under the following circumstances:
(1) The executive director shall waive the application fee where requested by resolution of the commission.
(2) The executive director of the commission shall waive the filing and processing fee in full or in part for an application for a housing development that contains housing units the occupancy of which by persons of low or moderate income as defined in Health and Safety Code section 50093 is assured for the period of time specified in Government Code section 65915(c)(1). Applications for projects that will create a greater public benefit will have a larger portion of the fee waived than applications for projects that will create a lesser public benefit. The executive director will determine the degree of public benefit based on a variety of factors, including, but not limited to (A) the total number of affordable units, (B) the proportion of affordable units in the development, (C) the degree of affordability, and (D) the availability of, and demand for, affordable units in the area. Applications for projects that will exceed current requirements for affordable housing under the law will receive a larger fee waiver than applications for projects which do not.
(3) For applications received prior to January 1, 2015, the executive director of the Commission shall reduce the filing fee for projects that are certified at a minimum of the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Gold standard or equivalent. The executive director shall determine if an alternative certification is equivalent to the LEED Gold standard based on a comprehensive review of the certification program's ability to ensure an equivalent or greater environmental benefit. After registering a project with an approved third-party certification program, applicants expecting to obtain a certification that qualifies for the above-mentioned fee reduction must submit 60% of the filing fee required pursuant to section 13055 and a letter of credit or other cash substitute approved by the executive director in the amount of the remainder of the required filing fee. After submitting proof of certification at a minimum of LEED Gold or equivalent, the letter of credit or other cash substitute will be released by the Commission to the applicant. If the applicant does not receive a minimum of LEED Gold certification or equivalent within three years of the date of permit issuance, the Commission will cash the letter of credit or other cash substitute. The executive director may grant an extension of the three year deadline for good cause. Request for extension must be submitted to the executive director in writing at least 60 days prior to the deadline, outlining the reason for the request and the expected completion date. The extension shall not exceed one year.
(i) The required fee shall be paid in full at the time an application is filed. However, applicants for an administrative permit shall pay an additional fee after filing if the executive director or the commission determines that the application cannot be processed as an administrative permit. The additional fee shall be the amount necessary to increase the total fee paid to the regular fee. The regular fee is the fee determined pursuant to this section. In addition, if the executive director or the commission determines that changes in the nature or description of the project that occur after the initial filing result in a change in the amount of the fee required pursuant to this section, the applicant shall pay the amount necessary to change the total fee paid to the fee so determined. If the change results in a decreased fee, a refund will be due only if no significant staff review time has been expended on the original application. If the change results in an increased fee, the additional fee shall be paid before the permit application is scheduled for hearing by the commission. If the fee is not paid prior to commission action on the application, the commission shall impose a special condition of approval of the permit. Such special condition shall require payment of the additional fee prior to issuance of the permit.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30620(c) and 30253, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.  24).
2. Amendment of subsections (a) and (b) filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
3. Amendment of subsection (d) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
4. Amendment filed 5-30-91 as an emergency; operative 5-30-91 (Register 91, No. 31). A Certificate of Compliance must be transmitted to OAL by 9-27-91 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 5-30-91 order transmitted to OAL 9-18-92 and filed 10-21-92 (Register 92, No. 43).
6. Amendment filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
7. Amendment of article heading, section and Note filed 3-14-2008; operative 3-14-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
8. Editorial correction of subsection (a)(5)(B)(1) (Register 2008, No. 18).
Article 5. Determination Concerning Filing
§13056. Filing.
Note     •     History

(a) A permit application shall be submitted on the form issued pursuant to sections 13053.5 and 13053.6, together with all necessary attachments and exhibits, and a filing fee pursuant to section 13055. The executive director shall file the application only after reviewing it and finding it complete. The executive director shall cause to be affixed to all applications for permits:
(1) A date of receipt reflecting the date they are received; and
(2) A date of filing reflecting the date it is filed.
(b) The executive director shall make the filing determination in writing within ten (10) working days, if feasible, but in no event later than thirty (30) calendar days after the date it is received in the offices of the commission during its normal working hours. The executive director shall mail the filing determination to the applicant.
(c) If the executive director finds the application incomplete, he or she shall specify those parts of the application which are incomplete, and describe the specific materials needed to complete the application. Not later than thirty (30) calendar days after receipt of the requested materials, the executive director shall determine whether the submittal of the requested materials is complete and transmit that determination in writing to the applicant.
(d) An applicant may appeal to the commission a determination by the executive director that an application is incomplete. The appeal shall be submitted in writing. The executive director shall schedule the appeal for the next commission hearing or as soon thereafter as practicable but in no event later than sixty (60) calendar days after receipt of the appeal of the filing determination and shall prepare a written recommendation to the commission on the issues raised by the appeal of the filing determination. The commission may overturn the executive director's determination and/or direct the executive director to prepare a different determination reflecting the commission's decision. Otherwise, the executive director's determination shall stand. The executive director shall issue any such different determination that the commission may direct no later than sixty (60) calendar days after receipt of the appeal of the filing determination.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code; and Sections 65943 and 65952, Government Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
4. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13056.1. Reapplication.
History

(a) Following a withdrawal of or a final decision upon an application for a coastal development permit, no applicant or successor in interest to an applicant may reapply to the commission for a development permit for substantially the same development for a period of six (6) months from the date of the prior withdrawal or final decision. The executive director shall decide whether an application is for “substantially the same” development as that which was withdrawn or upon which a final determination has been rendered within the filing determination period set forth in section 13056.
(b) If the executive director determines, on a case-by-case basis, that an application is for substantially the same development as that which was withdrawn or upon which the commission has rendered a final decision within the previous six months, the executive director shall reject the application for filing.
(c) If the executive director determines, on a case-by-case basis, that an application is not for substantially the same development as that which was withdrawn or upon which the commission has rendered a final decision within the previous six months, the application shall be treated as a new application.
(d) The applicant or the successor in interest to an applicant may appeal to the commission the determination of the executive director in the manner provided in section 13056. The commission may vote to overturn the determination of the executive director. Otherwise the executive director's determination shall stand.
(e) The commission or the executive director may waive the six-month waiting period provided in this section for good cause.
HISTORY

1. Renumbering and amendment of former section 13109 to new section 13056.1 filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 6. Staff Reports
§13057. Preparation of Staff Reports.
Note     •     History

(a) The executive director shall prepare a written staff report for each application filed pursuant to section 13056, except as provided for in section 13058 (consolidated staff reports), section 13150 (administrative permits) and section 13238.1 (waivers of permit application). The staff report shall include the following:
(1) An adequate description, including legible and reproducible maps, plans, photographs, etc. of the proposed development, project site and vicinity sufficient to determine whether the proposed project complies with all relevant policies of the Coastal Act;
(2) A summary of significant questions of fact;
(3) A summary of the applicable policies of the Coastal Act;
(4) A copy or summary of public comments on the application;
(5) A summary of any issues of the legal adequacy of the application to comply with the requirements of the Coastal Act;
(6) Staff's recommendation, including specific findings, prepared in accordance with subsection (c).
(b) The staff report shall also include as applicable:
(1) A copy or summary of the Environmental Impact Report or Environmental Impact Statement as it relates to the issues of concern to the commission, or if no such report was prepared, any negative declaration or finding of no significant impact;
(2) A discussion of related previous applications;
(c) The staff's recommendation required by subsection (a)(6) above shall contain:
(1) Specific findings, including a statement of facts, analysis, and legal conclusions as to whether the proposed development conforms to the requirements of the Coastal Act including, but not limited to, the requirements of Public Resources Code section 30604.
(2) Specific findings evaluating the conformity of the development with the requirements of section 21080.5(d)(2)(A) of the Public Resources Code.
(3) Responses to significant environmental points raised during the evaluation of the proposed development as required by the California Environmental Quality Act.
(4) A recommendation as to whether the commission should grant the application, with or without conditions, or deny the application.
(5) In the case of a recommendation of approval with conditions, identification of the specific conditions recommended by the executive director and a discussion of why the identified conditions are necessary to ensure that the development will be in accordance with the Coastal Act.
(d) Notwithstanding the requirement of subsection (a)(6) hereof, with respect to any application, the executive director may elect to prepare first a partial staff report that does not contain the recommendation required by subsection (c)(4) and (c)(5) where he or she determines that public comment and commission discussion would facilitate preparation of such recommendation. The executive director shall comply with all other procedures applicable to staff reports including procedures for the distribution of staff reports and for the noticing of hearings.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 21080.5, 30604, 30607 and 30620, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. New NOTE filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Repealer and new article heading and section filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13058. Consolidation of Staff Reports; Consolidation of Public Hearings.
Note     •     History

Where two or more applications are legally or factually related, the executive director may prepare a consolidated staff report. Either the commission or the executive director may consolidate a public hearing where such consolidation would facilitate or enhance the commission's ability to review the developments for consistency with the requirements of the Coastal Act. A separate vote shall be taken for each application.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code.
HISTORY

1. New section filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment of section heading, section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13059. Distribution of Staff Reports.
Note     •     History

The executive director shall distribute the staff report by mail to all members of the commission, to the applicant(s), to all affected cities and counties, to all public agencies which have jurisdiction, by law, with respect to the proposed development and to all persons who specifically requested it. With respect to all other persons known to have a particular interest in the application, including those specified in section 13054(a), the executive director shall provide notice pursuant to section 13063 or 13015 that the staff report shall be distributed only to those persons who request it. Staff reports shall be distributed within a reasonable time to assure adequate notification prior to the scheduled public hearing. The staff report may either accompany the meeting notice required by section 13015 or may be distributed separately. The commission may require any person who desires copies of staff reports to provide a self-addressed stamped envelope for each desired mailing. The commission may also require that interested persons provide reimbursement for duplicating costs.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006, 30620 and 30621, Public Resources Code; and Section 6253, Government Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment of section heading, section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 7. Public Comments on Applications
§13060. Written Comments on Applications and Staff Reports.
Note     •     History

Written communications regarding applications and staff reports shall be distributed in accordance with the following procedures:
(a) Except as stated in subsection (c) below, the executive director shall distribute to all commission members the text or a summary of all relevant communications which are received prior to the close of the public testimony portion of the public hearing.
(b) Written communications must be received by the executive director in the appropriate district office prior to the day of the hearing or in the hearing room on the day of the public hearing. The executive director does not accept responsibility for the cost or delivery of written communications to the hearing room.
(c) The executive director may summarize communications orally rather than distribute the communications to each commission member if the executive director receives lengthy communications, a sizable number of similar communications, or communications received too late to provide copies to the commission.
(d) Written communications shall be available at the commission office for review by any person during normal working hours.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006, 30620 and 30621, Public Resources Code; and Section 6253, Government Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment of section heading, section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13061. Treatment of Similar Communications.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 8. Hearing Dates
§13062. Scheduling.
Note     •     History

The executive director of the commission shall set each application filed for public hearing no later than the 49th day following the date on which the application is filed. All dates for public hearing shall be set with a view toward allowing adequate public dissemination of the information contained in the application prior to the time of the hearing, and toward allowing public participation and attendance at the hearing while affording applicants expeditious consideration of their permit applications.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code.
HISTORY

1. Amendment filed 5-29-79; effective thirtieth day thereafter (Register 79, No. 22).
2. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
3. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
4. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13063. Distribution of Notice.
Note     •     History

(a) At least 10 calendar days prior to the date on which the application will be heard by the commission, the executive director shall mail written notice to each applicant, to all affected cities and counties, to all public agencies which have jurisdiction, by law, with respect to a proposed development, to all persons who have requested it, and to all persons known by the executive director to have a particular interest in the application, including those specified in section 13054(a). The notice shall contain the following elements:
(1) The number assigned to the application;
(2) A description of the development and its proposed location;
(3) The date, time and place at which the application will be heard by the commission;
(4) The general procedure of the commission concerning hearings and action on applications;
(5) The direction to persons wishing to participate in the public hearing that testimony should be related to the regional and statewide issues addressed by the Coastal Act; and
(6) A statement that staff reports will be distributed as set forth in section 13059.
(b) In lieu of providing mailed notice to persons specified in section 13054(a)(1)-(2) as required by subsection (a) above, the executive director may direct the applicant to substitute notice in one or more newspapers of general circulation in the area of the project for the written mailed notice if the executive director determines:
(1) It is reasonable to expect adequate or better notice to interested parties through publication; and
(2) Written notice to individuals would be unreasonably burdensome to the applicant in view of the overall cost and type of project involved.
A statement of reasons supporting the executive director's determination to direct the applicant to substitute newspaper notice shall be placed in the file.
(c) Where a public agency or other person identified in this section receives the notice required by sections 13015-13017, a separate notice is not required pursuant to this section.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006, 30620 and 30621, Public Resources Code.
HISTORY

1. Amendment filed 8-22-77 as an emergency; effective upon filing (Register 77, No. 35). For prior history, see Register 77, No. 24.
2. Certificate of Compliance filed 12-22-77 (Register 77, No. 52). 
3. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
4. Amendment of section heading, section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 9. Oral Hearing Procedures
§13064. Conduct of Hearing.
Note     •     History

The commission's public hearing on a permit matter shall be conducted in a manner deemed most suitable to ensure fundamental fairness to all parties concerned, and with a view toward securing all relevant information and material necessary to render a decision without unnecessary delay.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13065. Evidence Rules.
Note     •     History

The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be considered if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Unduly repetitious or irrelevant evidence shall be excluded upon order by the chairperson of the commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13066. Order of Proceedings.
Note     •     History

The commission's public hearing on a permit application shall, unless the chairperson directs otherwise, proceed in the following order:
(a) The executive director shall make a presentation to the commission identifying the application, describing the project, and summarizing the staff recommendation, including the proposed findings, proposed conditions, and written correspondence received prior to the public hearing.
(b) The public testimony portion of the public hearing shall proceed in the following order:
(1) Persons or their representatives desiring to state their views on the application shall have the opportunity to do so as follows:
(A) The applicant;
(B) Other persons supporting the application;
(C) Persons opposing the application;
(D) Other persons.
(2) The chairperson may allow rebuttal testimony by the applicant in accordance with Public Resources Code section 30333.1(a).
(3) The executive director may respond to and comment, as appropriate, on the testimony presented by any previous speaker.
(4) The chairperson may close the public testimony portion of the public hearing when a reasonable opportunity to present all questions and points of view has been allowed.
(c) Questions by commissioners will be in order at any time following any person's presentation.
(d) At the conclusion of the public testimony portion of the public hearing, the executive director may propose to change the staff recommendation or the commission may propose to add, delete, or modify the conditions contained in the staff recommendation. The applicant and the executive director shall have an opportunity to comment briefly and specifically on any proposed change.
(e) The commission shall vote on a permit application in accordance with section 13090.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30333 and 30333.1, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment of subsection (a) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13067. Speaker's Presentations.
Note     •     History

(a) Speakers' presentations shall be to the point and shall be as brief as possible. The commission may establish reasonable time limits for presentations. The time limits shall be made known to all speakers prior to any hearing. The chairperson may require individuals to consolidate their comments to avoid repetition.
(b) In order for audio, visual or audio-visual materials to be considered by the commission, they must be submitted to staff in the course of review of the application or shown in full at the public hearing. The presentation of these materials shall occur within the time limit allocated to speakers.
(c) The speaker must submit all materials presented at the public hearing to the staff for inclusion in the record of the proceeding. Any speaker who, as part of his or her presentation, exhibits models or other large materials may satisfy this requirement by: (1) submitting accurate reproductions or photographs of the models or other large materials and (2) agreeing in writing to make such materials available to the commission if necessary for any administrative or judicial proceeding.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Repealer and new section filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13068. Other Speakers.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
HISTORY

1. Repealer of subsection (c) filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Repealer of section and new Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 10. Field Trips
§13069. Field Trips--Procedures.
Note     •     History

Whenever the commission is to take a field trip to the site of any proposed project, the chairperson shall decide, and the executive director shall provide public notice of the time, location and intended scope of the field trip.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Article 11. Additional Hearings, Withdrawal and Off-Calendar Items, Amended Applications
§13070. Continued Hearings.
Note     •     History

A public hearing on an application may be completed in one commission meeting. However, the commission may vote to continue the hearing to a subsequent meeting. Notice of the subsequent hearing shall be distributed to the persons and in the manner provided for in section 13063.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30621, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13071. Withdrawal of Application.
Note     •     History

(a) At any time before the commission commences calling the roll for a vote on an application, an applicant may withdraw the application.
(b) Withdrawal must be in writing or stated on the record and does not require commission concurrence. Withdrawal shall be permanent except that the applicant may file a new application for the same development subject to the requirements of sections 13056 and 13056.1.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30333 and 30620, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment of subsection (c) filed 6-14-78 as an emergency; effective upon filing (Register 78, No. 24).
3. Certificate of Compliance filed 8-10-78 (Register 78, No. 32).
4. Amendment filed 5-29-79; effective thirtieth day thereafter (Register 79, No. 22).
5. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
6. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
7. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
8. Amendment of subsection (b) and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13072. Procedures for Amended Application.
Note     •     History

(a) If prior to the public hearing on an application, an applicant wishes to amend the application in a manner the executive director determines is material, the executive director shall prepare a staff report pursuant to section 13057 and the commission shall vote on the amended application only if:
(1) The applicant agrees in writing to extend the final date for public hearing or
(2) The executive director determines that staff does not need additional time to prepare the staff report or provide notice to the public.
(b) If at the public hearing on an application, an applicant wishes to amend the application in a manner the executive director determines is material, the commission may vote on the amended application at  that public hearing if:
(1) Adequate public notice has already been provided and
(2) The proposed amended project was adequately reviewed during the public hearing.
(c) Conditions recommended by the executive director or imposed by previous commission action shall not be considered an amendment to the application.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment of subsections (b) and (c) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 12. Preparation of Staff Recommendation
§13073. Applicant's Postponement.
Note     •     History

(a) Where an applicant for a coastal development permit determines that he or she is not prepared to respond to the staff recommendation at the meeting for which the vote on the application is scheduled, the applicant shall have one right, pursuant to this section, to postpone the vote to a subsequent meeting. The applicant's right to postpone shall be exercised prior to commencement of the public testimony portion of the public hearing.
(b) An applicant's request for postponement, not made as a matter of right pursuant to section 13073(a), shall be granted at the commission's discretion. The executive director shall, to the extent feasible, notify all persons the executive director knows to be interested in the application of the postponement. The commission shall not grant a request for postponement under this subdivision unless it determines that sufficient time remains under applicable deadlines for its action on the application.
(c) Any request for postponement pursuant to subsections (a) or (b) shall be in writing or stated on the record in a commission meeting and shall include a waiver of any applicable time limits for commission action on the application. Where a request for postponement is granted pursuant to subsections (a) or (b), the applicant shall provide another set of stamped, addressed envelopes consistent with the requirements of section 13054.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30620 and 30621, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Repealer of former section 13073 and renumbering of former section 13085 to section 13073, including amendment of section and Note, filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13074. Rescheduling.
Note     •     History

Where consideration of an application is postponed, the executive director shall, to the extent feasible, schedule further consideration of the application by the commission at a time and location convenient to all persons interested in the application. Notice of the rescheduled hearing shall be distributed to the persons and in the manner provided for in section 13063.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30621, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Repealer of former section 13074 and renumbering of former section 13087 to section 13074, including amendment of section and Note, filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13075. Final Staff Recommendation.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30604 and 30625, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13076. Distribution of Final Staff Recommendation.
Note     •     History

NOTE

Authority and reference cited: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. New NOTE filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13077. Written Response to Staff Recommendation.
Note     •     History

NOTE

Authority and reference cited: Section 30333, Public Resources Code.
HISTORY

1. New NOTE filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 13. Commission Review of Staff Recommendation
§13080. Alternatives for Review of Staff Recommendation.
Note     •     History

NOTE

Authority and reference cited: Section 30333, Public Resources Code.
HISTORY

1. New NOTE filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Amendment of Article 13 heading only filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
3. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13081. Staff Recommendation Included in Application Summary.
Note     •     History

NOTE

Authority and reference cited: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13082. Verbal Staff Recommendation upon Conclusion of Public Hearing.
Note     •     History

NOTE

Authority and reference cited: Sections 30331 and 30333, Public Resources Code.
HISTORY

1. Repealer of subsection (b) filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13083. Consideration of Staff Recommendation at a Meeting Subsequent to the Oral Hearing.
Note     •     History

NOTE

Authority and reference cited: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
4. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13084. Procedures for Presentation of Staff Recommendation and Responses of Interested Parties.
Note     •     History

NOTE

Authority and reference cited: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment of subsection (d) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment of subsection (b) filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
4. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13085. Applicant's Postponement.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code.
HISTORY

1. New section filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
3. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
4. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
5. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
6. Renumbering of former section 13085 to section 13073 filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13087. Rescheduling.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30006, Public Resources Code.
HISTORY

1. New section filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Renumbering of former section 13087 to section 13074 filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 14.  Voting Procedure
§13090. Voting--After Recommendation.
Note     •     History

(a) A vote on an application may be taken only at a properly noticed public hearing after the commission has received the staff recommendation identified in section 13057 and obtained public testimony, if any, in accordance with section 13066.
(b) Where the executive director has distributed a staff report containing all of the elements described in section 13057(a), (b) and (c), the commission may vote upon the application after conclusion of the public testimony portion of the public hearing.
(c) Where, in accordance with the provisions of section 13057(d), the executive director has prepared a partial staff report that does not contain the parts of the staff recommendation identified in sections 13057(c)(4) and (5), the commission shall proceed in accordance with one of the following alternative procedures:
(1) If the commission is prepared to vote immediately upon conclusion of the public testimony portion of the public hearing, the executive director shall provide an oral recommendation and summary of proposed findings.
(2) Upon conclusion of the public testimony portion of the public hearing, the commission may put the vote on the application over to a subsequent meeting. Prior to the subsequent meeting the executive director shall prepare a staff report that shall:
(A) contain a staff recommendation as described in section 13057(c) and
(B) respond to:
1. testimony and other evidence presented at the public hearing, and
2. comments on the application by members of the commission. The executive director may also supplement the analysis of the application contained in the preliminary staff report.
(3) At the subsequent meeting, the executive director shall summarize orally the staff recommendation, including the proposed findings and any proposed conditions, in the same manner as provided for staff reports  in section 13066. Immediately following the presentation of the staff recommendation, the commission shall obtain public testimony in the manner provided for in section 13066.
(d) Where the commission moves to vote on an application with terms different from those proposed by the applicant in the application or conditions different than those proposed by the staff in the staff recommendation, the applicant, appellant, and the executive director shall have an opportunity to state briefly and specifically their views on the conditions.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30315, 30333, 30333.1 and 30622, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Repealer and new section filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13091. Voting Time and Manner.
Note     •     History

NOTE

Authority and reference cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13092. Effect of Vote Under Various Conditions.
Note     •     History

(a) Votes by the commission shall only be on the affirmative question of whether the permit should be granted; i.e., a “yes” vote shall be to grant a permit and a “no” vote to deny. Unless a motion is adopted pursuant to subsection (b), a motion to grant the permit shall be deemed to include the terms proposed in the project description as modified by the applicant at the hearing and the conditions and findings proposed in the staff report as modified by staff at the hearing.
(b) Any commissioner may move to add, delete or modify proposed terms, conditions or findings. Such a motion shall be made in the  affirmative.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.
HISTORY

1. Amendment of subsections (a) and (d) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Amendment filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13093. Straw Votes.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
HISTORY

1. Repealer filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 18).
§13094. Voting Procedure.
Note     •     History

(a) Voting upon permit applications shall be by roll call, with the chairperson being polled last.
(b) Members may vote “yes” or “no” or may abstain from voting, but an abstention shall not be deemed a “yes” vote.
(c) Any member may change his or her vote prior to the tally having been announced by the chairperson, but not thereafter.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. New NOTE filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13095. Voting by Members Absent from Hearing.
Note     •     History

A member or alternate who has been absent from all or part of the hearing may vote on any application provided the member or alternate has familiarized himself or herself with the evidence presented at the hearing on the application and has so declared prior to the vote. In the absence of a challenge raised by an interested party, inadvertent failure to make such a declaration prior to the vote shall not invalidate the vote of a member or alternate.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.
HISTORY

1. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
2. Amendment of NOTE filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13096. Commission Findings.
Note     •     History

(a) All decisions of the commission relating to permit applications shall be accompanied by written conclusions about the consistency of the application with Public Resources Code section 30604 and Public Resources Code section 21000 and following, and findings of fact and reasoning supporting the decision. The findings shall include all elements identified in section 13057(c).
(b) Unless otherwise specified at the time of the vote, an action taken consistent with the staff recommendation shall be deemed to have been taken on the basis of, and to have adopted, the reasons, findings and conclusions set forth in the staff report as modified by staff at the hearing. If the commission action is substantially different than that recommended in the staff report, the prevailing commissioners shall state the basis for their action in sufficient detail to allow staff to prepare a revised staff report with proposed revised findings that reflect the action of the commission. Such report shall contain the names of commissioners entitled to vote pursuant to Public Resources Code section 30315.1.
(c) The commission vote taken on proposed revised findings pursuant to Public Resources Code section 30315.1 shall occur after a public hearing. Notice of such hearing shall be distributed to the persons and in the manner provided for in section 13063. The public hearing shall solely address whether the proposed revised findings reflect the action of the commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 21080.5, 30006, 30315.1, 30333, 30604 and 30621, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
3. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
4. Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register 80, No. 30).
5. Amendment of subsection (a), repealer of subsections (b) and (c) and relettering and amendment of subsection (d) to subsection (b) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
6. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
7. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 15. Consent Calendar Procedures
§13100. Consent Calendar.
Note     •     History

Permit applications which, as submitted or as recommended to be conditioned, in the opinion of the executive director do not raise significant issues with respect to the purposes and objectives of the Coastal Act, may be scheduled for one public hearing during which all such items will be taken up as a single matter. This procedure shall be known as the Consent Calendar.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13101. Procedures for Consent Calendar.
Note     •     History

Unless otherwise provided in this Article, the procedures set forth in Chapter 5 of these regulations pertaining to permit applications, including staff reports, staff recommendations, resolutions, and voting, shall apply to the consent calendar procedure. All included items shall be considered by the commission as if they constituted a single permit application. The public shall have the right to present testimony and evidence concerning any item on the consent calendar. 
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13102. Removal of Consent Calendar Items to Regular Calendar.
Note     •     History

The executive director may include recommended conditions in staff reports for consent calendar items which shall then be deemed approved by the commission if the item is not removed by the commission from the consent calendar. No condition of approval of any consent calendar item may be added, deleted or substantially modified after the staff report has been mailed to the public unless the commission removes the item to the regular calendar or schedules the revised item for a subsequent consent calendar.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30607 and 30621, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Amendment of section heading, section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13103. Public Hearings on Consent Calendar.
Note     •     History

At the public hearing on the consent calendar items, any person may ask for the removal of any item from the consent calendar and shall briefly state the reasons for so requesting. If any three (3) commissioners request that an item be scheduled for public hearing on the regular permit calendar, the item shall be removed from the consent calendar. If any item is removed from the consent calendar, the public hearing on the item shall be continued until it can be scheduled on the regular permit calendar.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code.
HISTORY

1. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 16. Revocation of Permits
§13104. Scope of Article.
Note     •     History

The provisions of this article shall govern proceedings for revocation of a coastal development permit previously granted by a regional commission or the commission.
NOTE

Authority cited: Sections 30331 and 30333, Public Resources Code. Reference: Sections 30519 and 30600, Public Resources Code.
HISTORY

1. New Article 16 (Sections 13104-13108) filed 2-11-77 as an emergency; effective upon filing (Register 77, No. 7).
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
3. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13105. Grounds for Revocation.
Note     •     History

Grounds for revocation of a permit shall be:
(a) Intentional inclusion of inaccurate, erroneous or incomplete information in connection with a coastal development permit application, where the commission finds that accurate and complete information would have caused the commission to require additional or different conditions on a permit or deny an application;
(b) Failure to comply with the notice provisions of Section 13054, where the views of the person(s) not notified were not otherwise made known to the commission and could have caused the commission to require additional or different conditions on a permit or deny an application.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
3. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13106. Initiation of Proceedings.
Note     •     History

Any person who did not have an opportunity to fully participate in the original permit proceeding by reason of the permit applicant's intentional inclusion of inaccurate information or failure to provide adequate public notice as specified in Section 13105 may request revocation of a permit by application to the executive director of the commission specifying, with particularity, the grounds for revocation. The executive director shall review the stated grounds for revocation and, unless the request is patently frivolous and without merit, shall initiate revocation proceedings. The executive director may initiate revocation proceedings on his or her own motion when the grounds for revocation have been established pursuant to the provisions of Section 13105.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
3. Amendment filed 8-14-81; effective thirtieth  day thereafter (Register 81, No. 33).
§13107. Suspension of Permit.
Note     •     History

Where the executive director determines in accord with Section 13106, that grounds exist for revocation of a permit, the operation of the permit shall be automatically suspended until the commission votes to deny the request for revocation. The executive director shall notify the permittee by mailing a copy of the request for revocation and a summary of the procedures set forth in this article, to the address shown in the permit application. The executive director shall also advise the applicant in writing that any development undertaken during suspension of the permit may be in violation of the California Coastal Act of 1976 and subject to the penalties set forth in Public Resources Code, Sections 30820 through 30823.
NOTE

Authority and reference cited: Section 30333, Public Resources Code.
HISTORY

1. Repealer and new section filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No.  3).
§13108. Hearing on Revocation.
Note     •     History

(a) At the next regularly scheduled meeting, and after notice to the permittee and any persons the executive director has reason to know would be interested in the permit or revocation, the executive director shall report the request for revocation to the commission with a preliminary recommendation on the merits of the request.
(b) The person requesting the revocation shall be afforded a reasonable time to present the request and the permittee shall be afforded a like time for rebuttal.
(c) The commission shall ordinarily vote on the request at the same meeting, but the vote may be postponed to a subsequent meeting if the commission wishes the executive director or the Attorney General to perform further investigation.
(d) A permit may be revoked by a majority vote of the members of the commission present if it finds that any of the grounds specified in Section 13105 exist. If the commission finds that the request for revocation was not filed with due diligence, it shall deny the request.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
3. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
4. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13108.5. Finality of Regional Commission Decision.
Note     •     History

NOTE

Authority cited: Sections 30331 and 30333, Public Resources Code.
HISTORY

1. New section filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Article 17. [Reserved]
§13109. Reapplication.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.
HISTORY

1. New Article 17 (Section 13109) filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Repealer of article heading and renumbering of former section 13109 to new section 13056.1 filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 18. Reconsideration
§13109.1. Scope of Article.
Note     •     History

The provisions of this article shall govern proceedings for reconsideration of terms or conditions of a coastal development permit granted or of a denial of a coastal development permit by the commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30305 and 30627, Public Resources Code.
HISTORY

1. New Article 18 (Sections 13109.1-13109.6) filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
3. Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register 80, No. 30).
4. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§13109.2. Initiation of Proceedings.
Note     •     History

(a) Any time within thirty (30) days following a final vote upon an application for a coastal development permit, the applicant of record may request the commission to grant reconsideration of the denial of an application for a coastal development permit or of any term or condition of a coastal development permit which has been granted. This request shall be in writing and shall be received by the district office at which the original permit application was filed within thirty (30) days of the final vote.
(b) The executive director shall prepare a staff report with a recommendation on the merits of the request for reconsideration. The staff report shall analyze whether the request satisfies the grounds for reconsideration provided in Public Resources Code section 30627. The staff report shall be distributed to the persons and in the manner provided for in section 13059.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30627, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register 80, No. 30).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13109.3. Suspension of Appeal.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30627, Public Resources Code.
HISTORY

1. Amendment filed 7-24-80; effective thirtieth day thereafter (Register 80, No. 30).
2. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13109.4. Grounds for Reconsideration.
Note     •     History

Grounds for reconsideration of a permit action shall be as provided in Public Resources Code Section 30627.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30627, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register 80, No. 30).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13109.5. Hearing on Reconsideration.
Note     •     History

(a) The executive director shall schedule a hearing on the reconsideration request at the next regularly scheduled meeting or as soon as practicable after the executive director distributes notice of the hearing consistent with the provisions of section 13063. The executive director shall report the request for reconsideration to the commission with a preliminary recommendation on the grounds for reconsideration.
(b) The applicant and all aggrieved parties to the original commission decision shall be afforded a reasonable time to address the merits of the request.
(c) Reconsideration shall be granted by a majority vote of the commissioners present. If reconsideration is granted, the application shall be processed as a new application in accordance with sections 13050-13120 and sections 13156-13168 of these regulations, as applicable. However, no new fee shall be charged to process the new application.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006, 30621 and 30627, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register 80, No. 30).
2. Amendment of subsections (a)-(c) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment of subsection (d) filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
4. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13109.6. Finality of Regional Commission Decision.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30627, Public Resources Code.
HISTORY

1. Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register 80, No. 30).
2. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Subchapter 2. Appeals to State Commission
§13110. Commission Procedures upon Receipt of Notice of Final Local Action.
Note     •     History

Within three (3) working days of receipt of notice of final local decision, the executive director of the Commission shall post a description of the development in a conspicuous location in the Commission office and the appropriate district office. The executive director shall at the same time mail notice of the local action to the members of the Commission. The ten working day appeal period shall be established from the date of receipt of the notice of the final local government action.
NOTE

Authority cited: Sections 30333 and 30620.6, Public Resources Code. Reference: Sections 30603 and 30620.6, Public Resources Code.
HISTORY

1. Repealer of Subchapter 2 (Articles 1-4, Sections 13110-13129, not consecutive) and new Subchapter 2 (Sections 13110-13120) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33). For  prior history, see Registers 80, No. 19; 80, No. 1; 79, No. 22; 78, No. 32; 78, No. 3; 77, No. 35; 77, No. 24; 77, No. 18; 77, No. 7.
§13111. Filing of Appeal.
Note     •     History

(a) An appeal of a local government's decision on a coastal development permit application (or local government equivalent) may be filed by an applicant or any aggrieved person who exhausted local appeals, or any two (2) members of the Commission. The appeal must contain the following information:
(1) the name and address of the permit applicant and appellant;
(2) the date of the local government action;
(3) a description of the development;
(4) the name of the governing body having jurisdiction over the project area;
(5) the names and addresses of all persons who submitted written comments or who spoke and left his or her name at any public hearing on the project, where such information is available;
(6) the names and addresses of all other persons known by the appellant to have an interest in the matter on appeal;
(7) the specific grounds for appeal;
(8) a statement of facts on which the appeal is based;
(9) a summary of the significant question raised by the appeal.
The filing of the notice of appeal should also contain information which the local government has specifically requested or required.
(b) For an appeal to the Commission by an applicant pursuant to Public Resources Code sections 30602 or 30603(a)(5) of a denial of a coastal development permit application, the applicant shall submit a filing fee in accordance with the provisions of section 13055(b)(5)(B).
(c) The appeal must be received in the Commission district office with jurisdiction over the local government on or before the tenth (10th) working day after receipt of the notice of the permit decision by the executive director.
(d) The appellant shall notify the applicant, any persons known to be interested in the application, and the local government of the filing of the appeal. Notification shall be by delivering a copy of the completed Notice of Appeal to the domicile(s), office(s), or mailing address(es) of said parties. In any event, such notification shall be by such means as may reasonably advise said parties of the pendency of the appeal. Unwarranted failure to perform such notification may be grounds for dismissal of the appeal by the Commission.
NOTE

Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Sections 30620(c), 30620.6 and 30625, Public Resources Code.
HISTORY

1. New subsection (b), subsection relettering and amendment of Note filed 3-14-2008; operative 3-14-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
§13112. Effect of Appeal.
Note

(a) Upon receipt in the Commission office of a timely appeal by a qualified appellant, the executive director of the Commission shall notify the permit applicant and the affected local government that the operation and effect of the development permit has been stayed pending Commission action on the appeal by the Commission as required by Public Resources Code Section 30623. Upon receipt of a Notice of Appeal the local government shall refrain from issuing a development permit for the proposed development and shall, within five (5) working days, deliver to the executive director all relevant documents and materials used by the local government in its consideration of the coastal development permit application. If the Commission fails to receive the documents and materials, the Commission shall set the matter for hearing and the hearing shall be left open until all relevant materials are received.
NOTE

Authority cited: Section 30333, 30620.6, Public Resources Code. Reference: Section 30623, Public Resources Code.
§13113. Grounds of Appeal.
Note     •     History

The grounds of appeal for any development appealable under Public Resources Code Section 30603(a) shall be limited to those specified in Public Resources Code Section 30603(b) and (c).
NOTE

Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Sections 30603 and 30623, Public Resources Code.
HISTORY

1. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§13114. De Novo Review.
Note

Where the appellant has exhausted local appeals a de novo review of the project by the Commission shall occur only after the local decision has become final.
NOTE

Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30621, Public Resources Code.
§13115. Substantial Issue Determination.
Note

(a) At the meeting next following the filing of an appeal with the Commission or as soon thereafter as practical, the executive director shall make a recommendation to the commission as to whether the appeal raises a significant question within the meaning of Section 30625(b).
(b) Unless the Commission finds that the appeal raises no significant question as to conformity with the certified local coastal program or, in the case of a permit application for a development between the sea and the first public road paralleling the sea (or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach) that there is no significant question with regard to the public access and public recreation policies of Chapter 3 of the Coastal Act of 1976, the Commission shall consider the application de novo in accordance with the procedures set forth in Sections 13057-13096.
(c) The Commission may ask questions of the applicant, any aggrieved person, the Attorney General or the executive director prior to determining whether or not to hear an appeal. A majority vote of the members of the Commission present shall be required to determine that the Commission will not hear an appeal.
NOTE

Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Sections 30603, 30621, Public Resources Code.
§13116. Withdrawal of Appeal.
Note

At any time before the Commission commences the roll call for a final vote on an appeal, the appellant may withdraw the appeal. The withdrawal must be in writing or stated on the record and does not require Commission concurrence. If the appellant withdraws the appeal, the action of the local government shall automatically become final unless the appeal period of Public Resources Code Section 30622 has not run.
NOTE

Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30620.6, Public Resources Code.
§13117. Qualifications to Testify Before Commission.
Note

Only the applicant, persons who opposed the application before the local government (or their representatives), and the local government shall be qualified to testify at the Commission hearings at any stage of the appeal process. All other persons may submit comments in writing to the Commission or executive director, copies or summaries of which shall be provided to all Commissioners pursuant to Sections 13060-13061.
NOTE

Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30620.6, Public Resources Code.
§13118. Evidence.
Note

Evidence before the Commission includes, but is not limited to, the record before the local government. Except in unusual circumstances the record will not include a transcript of the local government proceedings unless provided by a party to the proceedings.
NOTE

Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30620.6, Public Resources Code.
§13119. Standard of Review.
Note

The standard of review for any appealable development shall be whether or not the development meets the requirements of Public Resources Code Sections 30604(b) and (c).
NOTE

Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Sections 30603, 30604, Public Resources Code.
§13120. Commission Notification of Final Action.
Note

Within ten (10) working days of a final Commission action on appeal from a local government decision, the Commission shall transmit notice of the action taken to the local government, the applicant and the appellant.
NOTE

Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30620.6, Public Resources Code.
Subchapter 3. Applications Filed Under   the California Coastal Zone Conservation Act of 1972

(Former Division 18 of the Public Resources Code)
NOTE

Authority cited: Sections 30331 and 30333, Public Resources Code.
HISTORY

1. Repealer of Subchapter 3 (Sections 13131-13135) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33). For prior history, see Register 77, No. 24.
Subchapter 4. Permits for an Approval of Emergency Work
Article 1. General
§13136. Scope of Subchapter.
Note     •     History

This Subchapter governs procedures for processing applications for permits to perform work to resolve problems resulting from a situation falling within the definition of “emergency” in Section 13009 and pursuant to the provisions of Public Resources Code Section 30624 for which the Commission has jurisdiction pursuant to Section 30519(b).
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13137. Immediate Action Required.

It is recognized that in some instances a person or public agency performing a public service may need to undertake work to protect life and public property, or to maintain public services before the provisions of the Subchapter can be fully complied with. Where such persons or agencies are authorized to proceed without a permit pursuant to Public Resources Code, Section 30611, they shall comply with the requirements of Public Resources Code Section 30611 and to the maximum extent feasible, with the provisions of this Subchapter.
Article 2. Applications
§13138. Method of Application.
Note     •     History

Applications in cases of emergencies shall be made to the executive director of the commission by letter or facsimile during business hours if time allows, and by telephone or in person if times does not allow.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Amendment filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13139. Necessary Information.

The information to be reported during the emergency, if it is possible to do so, or to be reported fully in any case after the emergency as required in Public Resources Code Section 30611, shall include the following:
(a) The nature of the emergency;
(b) The cause of the emergency, insofar as this can be established;
(c) The location of the emergency;
(d) The remedial, protective, or preventive work required to deal with the emergency; and
(e) The circumstances during the emergency that appeared to justify the course(s) of action taken, including the probable consequences of failing to take action.
Article 3. Procedures
§13140. Verification of Emergency.
Note     •     History

The executive director of the commission shall verify the facts, including the existence and nature of the emergency, insofar as time allows.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13141. Consultation with Executive Director of the Commission.
Note     •     History

NOTE

Authority cited: Sections 30331 and 30333, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13142. Criteria for Granting Permit.
Note     •     History

The executive director shall provide public notice of the proposed emergency action required by Public Resources Code Section 30624, with the extent and type of notice determined on the basis of the nature of the emergency itself. The executive director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the executive director finds that:
(a) An emergency exists and requires action more quickly than permitted by the procedures for administrative permits, or for ordinary permits and the development can and will be completed within 30 days unless otherwise specified by the terms of the permit;
(b) Public comment on the proposed emergency action has been reviewed if time allows; and
(c) The work proposed would be consistent with the requirements of the California Coastal Act of 1976.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
HISTORY

1. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
§13143. Report to the Commission.
Note     •     History

(a) The executive director shall report in writing to the local government having jurisdiction over the project site and to the commission at each meeting the emergency permits applied for or issued since the last report, with a description of the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall have been mailed at the time that application summaries and staff recommendations are normally distributed to all persons who have requested such notification in writing.
(b) All emergency permits issued after the mailing for the meeting shall be briefly described by the executive director at the meeting and the written report required by subparagraph (a) shall be distributed prior to the next succeeding meeting.
(c) The report of the executive director shall be informational only; the decision to issue an emergency permit is solely at the discretion of the executive director of the commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment of subsection (c) filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
Article 4. Emergency Actions Without a Permit
§13144. Waiver of Emergency Permit Requirements.
Note     •     History

Any person wishing to take an emergency action pursuant to the requirements of Public Resources Code Section 30611 shall notify the executive director of the commission by facsimile or telephone during business hours of the type and location of the emergency action taken within three (3) days of the disaster or the discovery of the danger. Within seven (7) days of taking such action, the person who notified the executive director shall send a written statement of the reasons why the action was taken and verification that the action complied with the expenditure limits set forth in Public Resources Code Section 30611. At the next commission meeting following the receipt of the written report, the executive director shall summarize all emergency actions taken and shall report to the commission any emergency action that, in his or her opinion, does not comply with the requirements of Public Resources Code Section 30611 and shall recommend appropriate action. For the purposes of this section, any immediate, temporary actions taken by the California Department of Fish and Game which are required to protect the nesting areas of the California least tern, an endangered species under the California Fish and Game Code, Sections 2050-2055 and Title 14 of the California Code of Regulations, Section 670.5, and the Federal Endangered Species Act of 1973, shall be deemed to be in compliance with Public Resources Code Section 30611.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30611, Public Resources Code.
HISTORY

1. Amendment filed 4-27-78 as an emergency; effective upon filing (Register 78, No. 17).
2. Certificate of Compliance filed 8-12-78 (Register 78, No. 32).
3. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Subchapter 5. Procedures for Administrative Permits
Article 1. General
§13145. Scope of Subchapter.
Note     •     History

This subchapter governs special procedures for processing applications for permits pursuant to the requirements of Public Resources Code Section 30624.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 11-3-78 as an emergency; effective upon filing (Register 78, No. 44).
3. Certificate of Compliance transmitted to OAH 2-26-79 and filed 3-15-79 (Register 79, No. 10).
4. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
5. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Article 2. Application for Administrative Permits
§13146. Applicant's Statement.
Note     •     History

The permit application form provided for in Section 13053.5 shall allow the applicant an opportunity to state that in his or her opinion the work applied for falls within the criteria established by Public Resources Code, Section 30624.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30620 and 30624, Public Resources Code.
HISTORY

1. Amendment and new NOTE filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§13147. Applications Not Thought to Be Administrative.
Note     •     History

If the commission receives an application that is asserted to be for improvements or other development within the criteria established pursuant to Public Resources Code Section 30624 and by this subchapter and if the executive director finds that the application does not qualify as such, he or she shall notify the applicant that a regular permit application is required as provided in Subchapter 1 of this chapter. The executive director, with the concurrence of the applicant, may accept the application for filing as a regular permit pursuant to Section 13056 and shall adjust the application fees accordingly.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
HISTORY

1. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13148. Copies of Application.
Note     •     History

An application asserted to be within the criteria established by Public Resources Code Section 30624 shall be furnished to the commission initially in one (1) copy, together with one copy of whatever maps and drawings are reasonably required to describe the proposal. A reasonable number of additional copies may, at the discretion of the executive director, be required.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
HISTORY

1. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13149. Notice.

The applicant shall post notice at the project site as required by Section 13054(b) and provide any additional notice to the public that the executive director deems appropriate. The executive director shall notify any persons known to be interested in the proposed development.
Article 3. Criteria for Granting Administrative Permits
§13150. Criteria and Content of Permits.
Note     •     History

(a) The executive director may approve or modify an application for improvements or other development governed by this subchapter on the same grounds that the commission may approve an ordinary application and may include reasonable terms and conditions required for the development to conform with the policies of the California Coastal Act of 1976.
(b) Permits issued for such developments shall be governed by the provisions of Sections 13156 and 13158 concerning the format, receipt, and acknowledgment of permits, except that references to “Commission Resolution” shall be deemed to refer to the executive director's determination. A permit issued pursuant to Public Resources Code Section 30624 shall contain a statement that it will not become effective until completion of the commission review of the permit pursuant to Section 13153.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
HISTORY

1. Amendment of subsection (a) filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13150.5. Criteria for Single Family Dwellings.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
HISTORY

1. New section filed 11-3-78 as an emergency; effective upon filing (Register 78, No. 44).
2. Certificate of Compliance transmitted to OAH 2-26-79 and filed 3-15-79 (Register 79, No. 10).
3. Repealer filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
§13151. Refusal to Grant--Notice to Applicant.
Note     •     History

If the executive director determines not to grant an administrative permit based on a properly filed application under this Subchapter, the executive director shall promptly mail written notice to this effect to the applicant with an explanation of the reasons for this determination.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
HISTORY

1. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
§13152. Application to Commission.
Note     •     History

In situations described in Sections 13147 and 13151 the applicant may proceed to file an application as provided in Section 13056.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30305 and 30624, Public Resources Code.
HISTORY

1. Amendment of section heading and new NOTE filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
Article 4. Reports on Administrative Permits
§13153. Reports on Administrative Permits.
Note     •     History

The executive director shall report in writing to the commission at each meeting the permits approved under this Subchapter up until the time of the mailing for the meeting, with sufficient description of the work authorized to allow the commission to understand the development proposed to be undertaken. Copies of this report shall be available at the meeting and shall have been mailed to the commission and to all those persons wishing to receive such notification at the time of the regular mailing for the meeting. Any such permits approved following the deadline for the mailing shall be included in the report for the next succeeding meeting. If 1/3 of the appointed membership of the commission so request, the issuance of an administrative permit governed by Public Resources Code Section 30624 shall not become effective, but shall, if the applicant wishes to pursue the application, be treated as a permit application under Subchapter 1 of this chapter, subject to the provisions for hearing and appeal set forth in Subchapters 1 and 2 of the chapter.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
3. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
4. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Article 5. Appeals
NOTE

Authority cited: Sections 30331 and 30333, Public Resources Code.
HISTORY

1. New Article 5 (Sections 13154 and 13154.5) filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Repealer of Article 5 (Sections 13154 an 13154.5) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Subchapter 6. Permits
Article 1. Format of Permits
§13155. Reference to Regional Commission.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.
HISTORY

1. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13156. Contents of Permits.
Note     •     History

Permits shall be issued in a form signed by the executive director, and shall include:
(a) A statement setting out the reasons for the commission approval of the permit;
(b) Any other language or drawings, in full or incorporated by reference, that are consistent with the decision, and required to clarify or facilitate carrying out the intent of the commission;
(c) Any conditions approved by the commission;
(d) Such standard provisions as shall have been approved by resolution of the commission;
(e) A statement that the permit runs with the land and binds all future owners of the property;
(f) A statement that the permit shall not become effective until the commission receipt of acknowledgment as provided in Section 13158;
(g) The time for commencement of the approved development except that where the commission on original hearing or on appeal has not imposed any specific time for commencement of development pursuant to a permit, the time for commencement shall be two years from the date of the commission vote upon the application. Each permit shall contain a statement that any request for an extension of the time of commencement must be applied for prior to expiration of the permit.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30600, Public Resources Code.
HISTORY

1. Amendment of subsections (a)-(d), (f) and (g) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Amendment of subsections (e) and (g) and amendment of Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 2. Notice of Receipt and Acknowledgment
§13158. Notice of Receipt and Acknowledgment.
Note     •     History

(a) Development shall not commence until an approved permit becomes effective.
(b) No approved permit shall become effective until a copy of the permit has been returned to the commission, upon which copy all permittees or agent(s) authorized pursuant to section 13053(c) have acknowledged that they have received a copy of the permit and have accepted its contents.
(c) Each permit approved by the commission shall be issued to the applicant with a blank acknowledgment to be signed by each permittee.
(d) The acknowledgment should be returned within ten (10) working days following issuance of the permit.
(e) A permit shall not be issued pursuant to section 13158(c) unless the applicant has satisfied all prior to issuance conditions. Prior to issuance conditions are those conditions that are identified in the permit as conditions that must be complied with prior to issuance of the permit. After approval of a permit, the executive director shall notify the permit applicant of those conditions that have been designated as prior to issuance conditions.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600 and 30607, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment of subsection (a) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 3. Time for Issuing Permits and Distribution
§13160. Issuance of Permits.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
3. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13161. Distribution of Permit Copies.

Copies of permits shall be sent to the permittee(s), to the local government with jurisdiction over the area in which the proposed development is to be located and to any person who requires or would be interested in such a copy in the opinion of the executive director. Copies of relevant project plans shall be transmitted to the local government where feasible.
§13162. Notice of Permits.
Note     •     History

Notice of the commission approval of a permit shall be filed with the Secretary of the Resources Agency for posting and inspection as provided in Public Resources Code Section 21080.5(d)(2)(E).
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY

1. Amendment of section and new Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 4. Disputes over Contents of Permits
§13163. Disputes over Contents of Permits.
Note     •     History

(a) Any permittee who feels that the permit issued does not correctly embody the action of the commission shall immediately so inform the executive director. Any such questions that cannot be resolved by consultation between the permittee and the executive director shall promptly be referred by the executive director to the commission for decision.
NOTE

Authority and reference cited: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Article 5. Amendments to Permits
§13164. Applications for Amendments.
Note     •     History

Applications for amendments to permits shall be made in writing. Such applications are subject to the requirements for filing and processing permit applications set forth in Subchapter 1 of these regulations.
NOTE

Authority cited: Sections 30333, Public Resources Code. Reference: Sections 30600 and 30620, Public Resources Code.
HISTORY

1. Amendment of section and new Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13165. Amendments to Administrative Permits.
History

(a) Amendments to administrative permits may be approved by the executive director upon the same criteria and subject to the same reporting requirement and procedures, including public notice and appeals to the commission, as provided for the original issuance of such administrative permits in Sections 13145-13153.
(b) If any proposed amendment would, in the opinion of the executive director, increase the cost of the proposed development to an amount over the amounts specified by Public Resources Code, Section 30624 the application shall thereafter be treated in the manner prescribed by Section 13166.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
§13166. Amendments to Permits Other Than Administrative Permits.
Note     •     History

(a) The executive director shall reject an application for an amendment to an approved permit if he or she determines that the proposed amendment would lessen or avoid the intended effect of an approved or conditionally approved permit unless the applicant presents newly discovered material information, which he could not, with reasonable diligence, have discovered and produced before the permit was granted.
(1) An applicant may appeal the executive director's determination to the commission. The appeal must be submitted in writing and must set forth the basis for appeal. The appeal must be submitted within 10 working days after the executive director's rejection of the amendment application. If timely submitted, the executive director shall schedule the appeal for the next commission hearing or as soon thereafter as practicable and shall provide notice of the hearing to all persons the executive director has reason to know may be interested in the application.
(2) If the commission overturns the executive director's determination, the application shall be accepted for processing in accordance with subsection (c) below.
(b) For those applications accepted, if the executive director determines that a proposed amendment has the potential for adverse impacts, either individually or cumulatively, on coastal resources or public access to and along the shoreline, the amendment shall be deemed a material amendment to the permit. Material amendments shall be processed in accordance with subsection (c) below. If the executive director determines that the proposed amendment is immaterial, notice of such determination including a summary of the procedures set forth in this section shall be posted at the project site and mailed to all persons the executive director has reason to know may be interested in the application. 
(1) If no written objection to a notice of immaterial amendment is received at the commission office within ten (10) working days of mailing notice, the determination of immateriality shall be conclusive and the amendment shall be approved.
(2) If a written objection to notice of an immaterial amendment is received within ten (10) working days of mailing notice, and the executive director determines that the objection does not raise an issue of conformity with the Coastal Act or certified local coastal program if applicable, the immaterial amendment shall not be effective until the amendment and objection are reported to the commission at its next regularly scheduled meeting. The executive director shall include a copy of the letter(s) of objection to the commission with the report. If any three (3) commissioners object to the executive director's designation of immateriality, the amendment application shall be referred to the commission for action as set forth in subsection (c) below. Otherwise, the immaterial amendment shall become effective.
(3) If a written objection to notice of an immaterial amendment is received within ten (10) working days of mailing notice, and the executive director determines that the objection does raise an issue of conformity with the Coastal Act or a certified local coastal program if applicable, the immaterial amendment application shall be referred to the commission for action as set forth in subsection (c) below.
(c) If the executive director determines that the proposed amendment is material, the application shall be referred to the commission in accordance with the procedures of Subchapter 1. The commission shall approve the amendment if it finds, by a majority vote of the membership present, that the development as amended conforms with the policies of Chapter 3 of the Coastal Act or with a certified local coastal program if applicable. The commission may approve the amendment subject to reasonable conditions. The decision shall be accompanied by findings in accordance with Section 13096.
(d) The procedures specified in this section shall apply to amendments of permits which were previously approved on the consent calendar unless the commission adopts expedited procedures for amendments to such permits.
(e) The procedures specified in this section shall apply to applications for amendments of permits issued under the California Coastal Zone Conservation Act of 1972, except as specified in Public Resources Code Section 30609.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600, 30604, 30609 and 30620, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. New subsection (c) filed 6-10-77 as an emergency; effective upon filing (Register 77, No. 24).
3. Certificate of Compliance filed 9-16-77 (Register 77, No. 38). 
4. Amendment of subsection (a) filed 4-27-78 as an emergency; effective upon filing (Register 78, No. 17).
5. Certificate of Compliance filed 8-10-78 (Register 78, No. 32). 
6. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
7. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
8. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
9. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13168. Application Fee.
Note     •     History

All applications for amendments to permits shall be accompanied by the fee specified in section 13055 of these regulations.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.
HISTORY

1. Amendment of section and new Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 6. Extension of Permits
§13169. Extension of Permits.
Note     •     History

(a) Prior to the time that commencement of development under a permit granted by either the regional commission or the commission must occur under the terms of the permit or Section 13156, the applicant may apply to the executive director of the commission for an extension of time not to exceed an additional one year period. The executive director shall not accept the application unless it is accompanied by all of the following:
(1) evidence of an approved, unexpired permit,
(2) evidence of the applicant's legal interest in the property involved in the permit,
(3) the fee specified in section 13055(b)(1) of these regulations, and
(4) stamped envelopes addressed to each person specified in section 13054 of these regulations and each person who testified, orally or in writing at prior permit hearing(s).
(b) For those applications accepted, the executive director shall determine whether there are changed circumstances that may affect the consistency of the development with the policies of Chapter 3 of the Coastal Act or with a certified local coastal program, if applicable. If the executive director determines that there are no changed circumstances that may affect consistency of the development, he or she shall mail notice of such determination including a summary of the procedures set forth in this section to all parties the executive director has reason to know may be interested in the application including all persons identified in section 13054 of these regulations and all persons who participated in previous permit hearings. The applicant shall post such notice at the project site within three (3) days of the executive director's mailing of the notice to interested parties. The executive director shall also report the determination to the commission to provide the commission with an opportunity to object to the executive director's determination. The time for commencement of development shall be extended for one year from the expiration date of the permit if both of the following occur:
(1) no written objection to the executive director's determination is received within 10 working days after mailing notice, and
(2) three commissioners do not object to the executive director's determination.
(c) If the executive director received a written objection to his or her determination but concludes that the objection does not identify changed circumstances that may affect the consistency of the development with the Coastal Act or a certified local coastal program, if applicable, the executive director shall report this conclusion to the commission at the same time that the executive director reports the determination to the commission in accordance with subsection (b) above. The executive director shall provide a copy of the letter(s) of objection to the commission with the report. If three commissioners object to the extension on grounds that there may be changed circumstances that affect consistency, the executive director shall schedule the extension for hearing(s) in accordance with subsection (d) below. If three commissioners do not object to the extension, the time for commencement of development shall be extended for one year from the expiration date of the permit.
(d) If the executive director receives an objection to his or her determination and concludes that the objection identifies changed circumstances that may affect the consistency of the development or if the executive director determines that due to changed circumstances the proposed development may not be consistent, the application shall be scheduled for a hearing on whether there are changed circumstances that affect consistency. The executive director shall provide notice of such hearing  to any person(s) the executive director has reason to know would be interested in the matter. The executive director shall prepare a report for the hearing that describes any pertinent changes in conditions or circumstances relating to each requested permit extension. 
(1) If three (3) commissioners determine that there are changed circumstances that affect consistency of the development with Chapter 3 policies of the Coastal Act or with a certified local coastal program if applicable, the extension shall be denied and upon payment of the filing fee specified in section 13055(a) of these regulations for an application for a coastal development permit the development shall be set for a full hearing of the commission pursuant to Subchapter 1 of these regulations. However, except as otherwise provided in the preceding sentence, the applicant shall not be required to file a new permit application but instead, shall submit any information that the executive director determines is necessary to evaluate the effect of the changed circumstances.
(2)  If no such determination is made by three commissioners, the time for commencement of development shall be extended for one year from the expiration date of the permit. 
(e) Any extensions applied for prior to the expiration of the permit shall automatically extend the time for commencement of development until such time as the commission has acted upon the extension request; provided, however, that the applicant shall not undertake development during the period of automatic extension provided in this section.
(f) The procedures specified in this section shall apply to extensions of all permits approved by the commission, including those approved on appeal, on the consent calendar and as administrative permits.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600, 30604 and 30620.6, Public Resources Code. 
HISTORY

1. Amendment of subsection (a) filed 2-11-77 as an emergency; effective upon filing (Register 77, No. 7).
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
3. Amendment filed 6-10-77, effective thirtieth day thereafter (Register 77, No. 24).
4. Amendment of subsection (a) filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
5. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
6. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
7. Amendment of subsections (a)(3) and (d)(1) filed 3-14-2008; operative 3-14-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
Article 7. Transfer of Permits
§13170. Transfer of Permits.
Note     •     History

(a) Any person may request that the commission records be revised to reflect that he or she has assumed the rights and obligations of a coastal development permit by acquiring property on which development has been approved, initiated, or completed pursuant to a permit by submission of the following:
(1) an affidavit executed by the landowner attesting to the landowner's acknowledgment of the terms and conditions of the permit;
(2) evidence of the landowner's legal interest in the real property involved and legal capacity to undertake the development as approved and to satisfy the conditions required in the permit; and
(3) a copy of the original permit showing that it has not expired. 
(b) Upon the executive director's written approval of the documentation submitted, the documentation shall become part of the project file maintained by the commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30600, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment of article heading, section heading, section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Subchapter 7. Enforcement and Violation of Permits
Article 1. Enforcement Responsibilities
§13171. Staff Inspection.
Note     •     History

NOTE

Authority cited: Sections 30331 and 30333, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13172. Violation of Permits.
History

Violation of a permit or any term, condition, or provision of a permit is grounds for enforcement under this Section and under Chapter 9 of the California Coastal Act of 1976. Whenever the executive director of the commission determines that a violation of a permit or term, condition, or provision of a permit has occurred or is threatened, the executive director shall refer the matter to the Attorney General for appropriate action. Where such a violation has occurred or is threatened, the Attorney General may file an action in the name of the commission for equitable relief to enjoin such violation of, or for, civil penalties, or both, or may take other appropriate action pursuant to Chapter 9 of the California Coastal Act of 1976.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
§13173. Enforcement of the Coastal Act.
Note     •     History

Whenever the executive director of the commission determines that any violation of the provisions of the California Coastal Act of 1976 has occurred or is threatened, the Attorney General may file an action in the name of the commission for equitable relief to enjoin such violation, or for civil penalties, or both, or may take other appropriate action pursuant to Chapter 9 of the California Coastal Act of 1976.
NOTE

Authority cited: Sections 30331 and 30333, Public Resources Code. Reference: Chapters 1, 2, 4 and 7 of Division 20, Public Resources Code.
HISTORY

1. New section filed 2-11-77 as an emergency; effective upon filing (Register 77, No. 7).
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
3. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
§13174. Lawsuits by Regional Commissions.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30334 and 30620, Public Resources Code.
HISTORY

1. New section filed 8-22-77 as an emergency; effective upon filing (Register 77, No. 35).
2. Amendment filed 1-19-78; effective thirtieth day thereafter (Register 78, No. 3).
3. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Subchapter 8. Procedures for the Issuance of Commission Cease and Desist Orders
§13180. Definition.
Note     •     History

(a) The term “satisfactory manner” when used to characterize a response to a notice provided in accordance with the requirements of section 30809(b) of the Public Resources Code shall mean a response which is made in the manner and within the timeframe specified in the notice and either:
(1) provides information sufficient to demonstrate to the satisfaction of the executive director that either (A) the activity specified in the notice does not meet the criteria of section 30809(a) of the Public Resources Code or (B) the person(s) to whom the notice was directed is/are not responsible for the activity, or
(2)(A) provides all information concerning the activity requested by the notice, (B) results in an immediate and complete cessation of all work on the project, or portion thereof, specified in the notice, and (C) includes an agreement by the recipient(s) of the notice, followed by actions which fully carry out such agreement, to comply in the manner and within the timeframe specified in the notice with any request to undertake measures for the purpose of preventing irreparable injury to the area in which the activity is located.
(b) The executive director retains discretion over the decision of whether or not to issue a cease and desist order pursuant to section 30809 notwithstanding the submittal of a response to a section 30809(b) notice which may not be fully satisfactory within the meaning of this section.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30809(b), Public Resources Code.
HISTORY

1. New subchapter 8 (sections 13180-13188 and Appendix A) filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
§13181. Commencement of Cease and Desist Order Proceeding Before the Commission.
Note     •     History

(a) If the executive director believes that the results of an enforcement investigation so warrant, he or she shall commence a cease and desist order proceeding before the commission by providing any person whom he or she believes to be engaging in development activity as described in section 30810(a) of the Public Resources Code with notice of his or her intent to do so. Such notice of intent shall be given either as a provision of a cease and desist order issued pursuant to section 30809 of the Public Resources Code or by separate written communication delivered either (1) by certified mail, (2) by regular mail, receipt of which is confirmed by subsequent oral communication either in person or by telephone, or (3) by hand, and shall include, at minimum, the information specified in sections 13187(a)(4), (5), and (6) together with an explanation of the basis of the executive director's belief that the specified activity meets the criteria of section 30810(a). The notice of intent shall be accompanied by a “statement of defense form” that conforms to the format attached to these regulations as Appendix A. The person(s) to whom such notice is given shall complete and return the statement of defense form to the Commission by the date specified therein, which date shall be no earlier than 20 days from transmittal of the notice of intent.
(b) The executive director may at his or her discretion extend the time limit for submittal of the statement of defense form imposed by any notice of intent issued pursuant to subsection (a) of this section upon receipt within the time limit of a written request for such extension and a written demonstration of good cause. The extension shall be valid only to those specific items or matters that the executive director identifies to the requesting party as being exempt from the submittal deadline and shall be valid only for such additional time as the executive director allows.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30810, Public Resources Code.
HISTORY

1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2. Amendment of subsection (a) filed 1-12-98; operative 2-11-98 (Register 98, No. 3).
§13182. Distribution of Notice of Hearings on Proposed Cease and Desist Order.
Note     •     History

At least ten (10) days prior to a hearing on a proposed commission cease and desist order, the executive director shall mail by regular mail a written notice of the date, time, and place of the initial hearing to all alleged violators at their last known address and to all members of the public who have requested in writing that they receive such notice, provided that no notice need be mailed to the alleged violator if the alleged violator has already received notice of the hearing in a cease and desist order issued by the executive director.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30810, Public Resources Code.
HISTORY

1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
§13183. Contents of an Executive Director's Recommendation on Proposed Cease and Desist Order.
Note     •     History

(a) The executive director shall prepare a recommendation on a proposed commission cease and desist order.
(b) The executive director's recommendation shall be in writing and shall include, at minimum:
(1) a copy of any statement of defense form completed and returned to the Commission by the alleged violator(s) pursuant to section 13181;
(2) a brief summary of (A) any background to the alleged violation, (B) the allegations made by staff in its violation investigation, (C) a list of all allegations either admitted or not contested by the alleged violator(s), (D) all defenses and mitigating factors raised by the alleged violator(s), and (E) any rebuttal evidence raised by the staff to matters raised in the alleged violator's assertion of any defense or mitigating factor with references to supporting documents;
(3) a summary and analysis of all unresolved issues;
(4) a statement of (A) whether the executive director has issued a cease and desist order relating to the same activity, and if so (B) its expiration date; and (C) the extent of the alleged violator(s)' compliance therewith;
(5) the proposed text of any cease and desist order that the executive director recommends that the commission issue.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30810, Public Resources Code.
HISTORY

1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
§13184. Distribution of Executive Director's Recommendation.
Note     •     History

The executive director's recommendation on a proposed cease and desist order shall be distributed to the alleged violator(s) and otherwise to the persons and in the manner provided in section 13059 of these regulations for application summaries.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30810, Public Resources Code.
HISTORY

1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2. Amendment filed 1-12-98; operative 2-11-98 (Register 98, No. 3).
§13185. Procedure for Hearing on Proposed Cease and Desist Order.
Note     •     History

A hearing on a proposed cease and desist order shall proceed in the following manner:
(a) the Chair shall announce the matter, ask all alleged violators or their representatives present to identify themselves for the record, indicate what matters are already part of the record, and announce the rules of the proceeding including (1) any imposition pursuant to subsection (b) of time limits for presentations to be made by the staff, the alleged violator(s), and the public at the hearing and (2) the right of any speaker to propose to the Commission before the close of the hearing any question(s) for any Commissioner, in his or her discretion, to ask of any other speaker;
(b) the Chair may impose time limits based on the circumstances of the alleged violation(s), the number of other items contained on the meeting agenda, the number of persons who intend to speak, and such other factors as the Chair believes relevant;
(c) the staff shall summarize its violation investigation and proposed findings with particular attention to issues which remain in controversy;
(d) each alleged violator or its representative may present its position(s) on the matter(s) relevant to the alleged violation or proposed order with particular attention to those issue(s) where an actual controversy exists between the staff and the party(ies). Presentation of evidence which could have been but was not set forth in a statement of defense form pursuant to section 13181 shall be grounds for a determination by the commission, in its discretion, (1) to trail the matter to later in same day or to a later day of the meeting or (2) to continue the matter to a subsequent meeting to give the staff an opportunity to review and respond to the new evidence;
(e) other speakers may speak concerning the matter;
(f) the chair shall close the public hearing after the staff, all alleged violators, and the public have completed their presentations;
(g) commissioners may ask questions, including any question(s) proposed by any speaker under authority granted pursuant to subsection (a), of any speaker at any time during the hearing or deliberations;
(h) the commission shall deliberate and determine, by majority vote of those present and voting, whether to issue a cease and desist order either in the form recommended by the executive director or as amended by the commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30810, Public Resources Code.
HISTORY

1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
§13186. Evidence Rules.
Note     •     History

Presentation and consideration of evidence at a hearing on a proposed cease and desist order shall be governed by the standards set forth in section 13065 of these regulations.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30810, Public Resources Code.
HISTORY

1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
§13187. Contents and Reporting of Cease and Desist Orders.
Note     •     History

(a) Cease and desist orders shall be signed by the executive director and shall contain at a minimum the following:
(1) a statement of whether the executive director is issuing the order pursuant to section 30809 of the Public Resources Code or the commission is issuing the order pursuant to section 30810 of the Public Resources Code;
(2) if applicable, a statement that the cease and desist order is being issued pursuant to subsection (a)(1), (2), or (3) of section 30809 or 30810 of the Public Resources Code;
(3) in the case of any order issued by the executive director:
(A) a copy of the written notice or confirmation of notice, as the case may be, previously provided pursuant to section 30809(b) of the Public Resources Code to the person(s) to whom the order is directed;
(B) if applicable, notice of the executive director's intent to commence a proceeding for the issuance of a cease and desist order by the commission relating to the same activity, including notice of the date and place of the public hearing to be held as part of such a proceeding if the executive director has scheduled one;
(4) the names of the person or persons who have undertaken or who are threatening to undertake the activity that is the subject of the order;
(5) identification of the property where the activity has been undertaken or may be undertaken;
(6) a description of the activity;
(7) the effective date of the order;
(8) the expiration date, if any, of the order;
(9) any terms, conditions, or other provisions authorized by sections 30809(c) or 30810(b) of the Public Resources Code. Any term or condition that the commission may impose pursuant to section 30810(b) of the Public Resources Code which requires removal of any development or material shall be for the purpose of restoring the property affected by the violation to the condition it was in before the violation occurred;
(10) in the case of any order issued by the commission, written findings that (A) explain the decision to issue the order and (B) provide the factual and legal basis for the issuance of the order;
(11) notice that any person to whom the order is directed may seek from the superior court a stay of the order pursuant to section 30803(b) of the Public Resources Code.
(12) a statement of the obligation of the person(s) subject to the order to conform strictly to its terms and the consequences specified in section 30821.6 of the Public Resources Code of the failure to do so.
(b) The executive director shall report to the commission any cease and desist order he or she (1) issues and serves as provided in section 30809(d) of the Public Resources Code, or (2) modifies or rescinds as provided in section 13188(a), at the commission's next regularly scheduled meeting after any such action.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30803(b), 30809, 30810 and 30821.6, Public Resources Code.
HISTORY

1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2. Amendment of subsection (a)(2), repealer of subsection (a)(3)(B), subsection relettering, and amendment of Note filed 1-12-98; operative 2-11-98 (Register 98, No. 3).
§13188. Rescission or Modification of Cease and Desist Orders.
Note     •     History

(a) The executive director may rescind or modify a cease and desist order that he or she has issued, but he or she shall not do so in a manner that extends the 90-day expiration period provided for in section 30809(e) of the Public Resources Code unless the person(s) subject to the order stipulate(s) in writing to the extension. The executive director may, however, issue consecutive cease and desist orders for a persisting violation or a persisting threatened violation. In connection with the issuance of any such consecutive cease and desist order the executive director shall issue a statement explaining the circumstances which in his or her opinion justify issuance of such an order.
(b) The commission, after public hearing, may rescind or modify a cease and desist order that it has issued. A proceeding for such a purpose may be commenced by (1) any person to whom the cease and desist order is directed, (2) the executive director or (3) any two members of the commission. A person to whom a cease and desist order is directed may commence a proceeding for the purpose of rescinding or modifying that cease and desist order only where the person demonstrates to the satisfaction of the executive director that there has been a material change in the facts upon which the order was issued. Upon receipt of a request pursuant to this subsection (b) for rescission or modification of a cease and desist order issued by the Commission, a hearing on the request shall be held at the next regularly scheduled meeting or as soon thereafter as is practicable after notice to all persons subject to the order or whom the executive director otherwise has reason to know would be interested in the matter.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30809 and 30810, Public Resources Code.
HISTORY

1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2. Amendment of subsection (b) filed 1-12-98; operative 2-11-98 (Register 98, No. 3).

Appendix A

Statement of Defense Form

 DEPENDING ON THE OUTCOME OF FURTHER DISCUSSIONS THAT OCCUR WITH THE COMMISSION ENFORCEMENT STAFF AFTER YOU HAVE COMPLETED AND RETURNED THIS FORM, (FURTHER) ADMINISTRATIVE OR LEGAL ENFORCEMENT PROCEEDINGS MAY NEVERTHELESS BE INITIALED AGAINST YOU. IF THAT OCCURS, ANY STATEMENTS THAT YOU MAKE ON THIS FORM WILL BECOME PART OF THE ENFORCEMENT RECORD AND MAY BE USED AGAINST YOU.

 YOU MAY WISH TO CONSULT WITH OR RETAIN AN ATTORNEY BEFORE YOU COMPLETE THIS FORM OR OTHERWISE CONTACT THE COMMISSION ENFORCEMENT STAFF.

 This form is accompanied by either a cease and desist order issued by the executive director or a notice of intent to initiate cease and desist order proceedings before the commission. This document indicates that you are or may be responsible for or in some way involved in either a violation of the commission's laws or a commission permit. The document summarizes what the (possible) violation involves, who is or may be responsible for it, where and when it (may have) occurred, and other pertinent information concerning the (possible) violation.

 This form requires you to respond to the (alleged) facts contained in the document, to raise any affirmative defenses that you believe apply, and to inform the staff of all facts that you believe may exonerate you of any legal responsibility for the (possible) violation or may mitigate your responsibility. This form also requires you to enclose with the completed statement of defense form copies of all written documents, such as letters, photographs, maps, drawings, etc. and written declarations under penalty of perjury that you want the commission to consider as part of this enforcement hearing.

 You should complete the form as fully and accurately as you can and as quickly as you can and return it no later than ________________________________________ to the commission's enforcement staff at the following address:

California Coastal Commission
45 Fremont Street, Suite 2000
San Francisco, California 94105

 If you have any questions, please contact as soon as possible _______________________________________________ of the commission enforcement staff at telephone number 415-904-5200.

1. Facts or allegations contained in the cease and desist order or the notice of intent that you admit (with specific reference to the paragraph number in such document):

______________________

______________________

______________________

______________________

______________________

______________________

2. Facts or allegations contained in the cease and desist order or  notice of intent that you deny (with specific reference to the paragraph number in such document):

______________________

______________________

______________________

______________________

______________________

______________________

______________________

______________________

______________________

______________________

3. Facts or allegations contained in the cease and desist order or  notice of intent of which you have no personal knowledge (with specific reference to the paragraph number in such document):

______________________

______________________

______________________

______________________

______________________

______________________

______________________

______________________

______________________

4. Other facts which may exonerate or mitigate your possible responsibility or otherwise explain your relationship to the possible violation (be as specific as you can; if you have or know of any document(s), photograph(s), map(s), letter(s), or other evidence that you believe is/are relevant, please identify it/them by name, date, type, and any other identifying information and provide the original(s) or (a) cop(y/ies) if you can):

5. Any other information, statement, etc. that you want to offer or make:

______________________

______________________

______________________

______________________

______________________

______________________

______________________

6. Documents, exhibits, declarations under penalty of perjury or other materials that you have attached to this form to support your answers or that you want to be made part of the administrative record for this enforcement proceeding (Please list in chronological order by date, author, and title and enclose a copy with this completed form):

______________________

______________________

______________________

______________________

______________________

______________________

______________________

______________________

______________________
HISTORY

1. New Appendix A filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
Subchapter 9. Procedures for the Issuance of Restoration Orders
§13190. Definition.
Note     •     History

The elements of the term “continuing resource damage,” as such term is used in section 30811 of the Public Resources Code, shall have the following meanings:
(a) “Resource” means any resource which is afforded protection under the policies of Chapter 3 of the Coastal Act, including but not limited to public access, marine and other aquatic resources, environmentally sensitive wildlife habitat, and the visual quality of coastal areas.
(b) “Damage” means any degradation or other reduction in quality, abundance, or other quantitative or qualitative characteristic of the resource as compared to the condition the resource was in before it was disturbed by unpermitted development.
(c) “Continuing,” when used to describe “resource damage,” means such damage which continues to occur as of the date of issuance of the restoration order.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code.
HISTORY

1. New subchapter 9 (sections 13190-13197) and section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
§13191. Commencement of Restoration Order Proceeding Before the Commission.
Note     •     History

(a) If the executive director believes that the results of an enforcement investigation so warrant, he or she shall commence a restoration order proceeding before the commission by providing any person whom he or she believes to have engaged in development activity as described in section 30811 of the Public Resources Code with notice of his or her intent to do so. Such notice of intent shall be given either as a provision of a staff report prepared pursuant to sections 13057 and/or 13075 of these regulations or by separate written communication delivered either (1) by certified mail, (2) by regular mail receipt of which is confirmed by subsequent oral communication either in person or by telephone, or (3) by hand, and shall include, at minimum, the information specified in sections 13196(a), (b), and (c) together with an explanation of the basis of the executive director's belief that the specified activity meets the criteria of section 30811. The notice of intent shall be accompanied by a “statement of defense form” that conforms to the format attached as Appendix A to Subchapter 8 of these regulations. The person(s) to whom such notice is given shall complete and return the statement of defense form to the Commission by the date specified therein, which date shall be no earlier than 20 days from transmittal of the notice of intent.
(b) The executive director may at his or her discretion extend the time limit for submittal of the statement of defense form imposed by any notice of intent issued pursuant to subsection (a) of this section upon receipt within the time limit of a written request for such extension and a written demonstration of good cause. The extension shall be valid only to those specific items or matters that the executive director identifies to the requesting party as being exempt from the submittal deadline and shall be valid only for such additional time as the executive director allows.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code.
HISTORY

1. New section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
§13192. Distribution of Notice of Hearings on Proposed Restoration Order.
Note     •     History

At least ten (10) days prior to a hearing on a proposed restoration order, the executive director shall mail by regular mail a written notice of the date, time, and place of the initial hearing to all alleged violators at their last known address and to all members of the public who have requested in writing that they receive such notice, provided that no notice need be mailed to the alleged violator if the alleged violator has already received notice of the hearing in a staff report prepared by the executive director.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code.
HISTORY

1. New section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
§13193. Contents of an Executive Director's Recommendation on Proposed Restoration Order.
Note     •     History

(a) The executive director shall prepare a recommendation on a proposed restoration order.
(b) The executive director's recommendation shall be in writing and shall include, at minimum:
(1) a copy of any statement of defense form completed and returned to the Commission by the alleged violator(s) pursuant to section 13191;
(2) a brief summary of (A) any background to the alleged violation, (B) the allegations made by staff in its violation investigation, (C) a list of all allegations either admitted or not contested by the alleged violator(s), (D) all defenses and mitigating factors raised by the alleged violator(s), and (E) any rebuttal evidence raised by the staff to matters raised in the alleged violator's assertion of any defense or mitigating factor with references to supporting documents;
(3) a summary and analysis of all unresolved issues;
(4) the proposed text of any restoration order that the executive director recommends that the commission issue.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code.
HISTORY

1. New section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
§13194. Distribution of Executive Director's Recommendation.
Note     •     History

The executive director's recommendation on a proposed restoration order shall be distributed to the alleged violator(s) and otherwise to the persons and in the manner provided in section 13059 of these regulations for application summaries.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code.
HISTORY

1. New section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
§13195. Procedure for Hearing on Proposed Restoration Order.
Note     •     History

A hearing on a proposed restoration order shall proceed in the manner and in accordance with the rules of evidence specified in sections 13185 and 13186 of these regulations.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code.
HISTORY

1. New section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
§13196. Contents of Restoration Orders.
Note     •     History

Restoration orders shall be signed by the executive director and shall contain at a minimum the following:
(a) the names of the person or persons who have undertaken the activity that is the subject of the order;
(b) identification of the property where the activity has been undertaken;
(c) a description of the activity;
(d) the effective date of the order;
(e) any terms, conditions, or other provisions authorized by section 30811 of the Public Resources Code. Any term or condition that the commission may impose which requires removal of any development or material shall be for the purpose of restoring the property affected by the violation to the condition it was in before the violation occurred;
(f) written findings that (A) explain the decision to issue the order and (B) provide the factual and legal basis for the issuance of the order;
(g) a statement of the obligation of the person(s) subject to the order to conform strictly to its terms and the consequences specified in section 30821.6 of the Public Resources Code of the failure to do so.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code.
HISTORY

1. New section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
§13197. Rescission or Modification of Restoration Orders.
Note     •     History

The commission, after public hearing, may rescind or modify a restoration order that it has issued. A proceeding for such a purpose may be commenced by (a) any person to whom the restoration order is directed, (b) the executive director or (c) any two members of the commission. A person described in subsection (a) may commence a proceeding for the purpose of rescinding or modifying a restoration order only where the person demonstrates to the satisfaction of the executive director that there has been a material change in the facts upon which the order was issued. Upon receipt of a request pursuant to this section for rescission or modification of a restoration order, a hearing on the request shall be held at the next regularly scheduled meeting or as soon thereafter as is practicable after notice to all persons subject to the order or whom the executive director otherwise has reason to know would be interested in the matter.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code.
HISTORY

1. New section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
Chapter 6. Exclusions from Permit Requirements
Subchapter 1. Claims of Vested Rights
§13200. Scope.
Note     •     History

Any person claiming a vested right in a development and who wishes to be exempt from the permit requirements of the Act pursuant to Public Resources Code Section 30608 must substantiate the claim in a proceeding before the Commission under this subchapter. In such a proceeding the claimant shall assume the burden of proof.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Article 1. Review Provisions
§13201. Obligation to File.
Note     •     History

Any person who claims that a development is exempt from the permit requirements of Public Resources Code, Section 30600 or 30601 by reason of a vested right under Public Resources Code, Section 30608 must file a claim of vested rights with the commission and obtain approval under this subchapter.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13202. Claim Forms.
Note     •     History

Claim of vested rights forms shall be published by the commission. The executive director of the commission shall revise the form as necessary to assist claimants in providing the information necessary to substantiate a claim, provided, however, that any significant change in the type of information requested must be approved by the commission. A claim of vested rights shall be filed only after the claimant has provided the commission with all the information called for by the form, as well as any other information which the executive director of the commission deems necessary to review the claim. In no event shall a claim of vested rights be deemed filed until after the passage of five (5) working days from the date it is received by the commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30305 and 30620, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
3. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§13203. Initial Determination.
Note     •     History

As soon as practicable after the filing of a claim, and in no event later than 30 days from the filing date, the executive director of the commission shall make an initial determination whether the claim of vested rights appears to be substantiated; notice of the initial determination shall be transmitted to the claimant and to any person(s) requesting notice or known by the executive director to be interested. Based on that initial determination, the executive director shall make a written recommendation to the commission for consideration at the hearing on the claim of vested rights application at the next succeeding regularly scheduled meeting. At such hearing, the executive director shall introduce into evidence all evidence submitted by the applicant and all evidence submitted either supporting or in opposition to the application up to the deadline for submission of evidence established by the commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33). 
§13204. Notice.
History

Notice of the recommendation and the date of the public hearing on the claim shall be made in the manner prescribed by Section 13059.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
§13205. Acknowledgment Hearing Procedure.
Note     •     History

(a) Commission action on a claim of vested rights shall be supported by written findings of fact. If the commission finds that a claim of vested rights is substantiated, it shall acknowledge the claim. If it finds that a claim is not substantiated, it shall deny the claim. However, if the circumstances suggest that a claimant may be able to provide additional information to substantiate the claim or that other evidence is pertinent to the claim, the matter may be continued for the purpose of submitting further evidence and for action at the next succeeding meeting following the receipt and review of the information.
(b) Claims which the executive director recommends be acknowledged may be placed on a consent calendar and processed in the manner provided by Sections 13101 and 13103.
(c) All other claims shall be processed in the manner provided by Sections 13080-13096.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment of subsection (a) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13206. Appeal to the Commission.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Article 2. Grant of Claim
§13207. Effect of Vested Right.
Note     •     History

A final determination of the commission recognizing a claim of vested rights shall constitute acknowledgment that the development does not require a coastal development permit under Public Resources Code, Section 30600 or 30601 provided that no substantial change may be made in the development except in accordance with the permit requirements of the California Coastal Act of 1976. If the approvals upon which the acknowledgment is based lapse either by their own terms or pursuant to any provision of law, the acknowledgment made under this subchapter shall no longer be in effect and the development shall become subject to the permit requirements of the California Coastal Act of 1976.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13208. Notification to Local Government.
Note     •     History

As soon as practicable after final action on a claim of vested rights by the commission the executive director shall transmit a notice of the action taken to the local government having jurisdiction over the area in which the development is located, to the claimant and to any person known by the executive director to be interested in the matter.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Subchapter 2. Vested Rights Under the California Coastal Zone Conservation   Act of 1972
NOTE

Authority cited: Section 30333, Public Resources Code.
HISTORY

1. Repealer of Subchapter 2 (Section 13210) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33). For prior history, see Register 77, No. 24.
Subchapter 3. Permits Approved by the California Coastal Zone Conservation Commission Prior to January 1, 1977
§13211. Effect of Permit Granted Under the California Coastal Zone Conservation Act of 1972.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code.
HISTORY

1. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13212. Amendment of Recorded Conditions in 1972 Act Permits.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code.
HISTORY

1. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13213. Extension of Permits Granted Under the 1972 Act.
Note     •     History

(a) The time limits for commencement of construction under a permit granted under the California Coastal Zone Conservation Act of 1972 shall be determined from the regulations of the California Coastal Zone Conservation Commission in effect on December 31, 1976 or by any specific actions taken pursuant to the California Coastal Zone Conservation Act of 1972, if not expressly stated in the terms and conditions of the permit.
(b) Prior to the time that commencement of construction under a permit granted by either the regional commission or the commission must occur under the terms of subsection (a) the applicant may, upon payment of a $50 fee (or a $25 fee in the case of extension of permit for single-family residences) apply to the executive director of the commission for an extension of time not to exceed an additional one year period. The application shall be accompanied by evidence of a valid, unexpired permit, acknowledged pursuant to the requirements in effect at the time the permit was issued, and of the applicant's continued legal interest in the property involved in the permit. The application shall be processed in accordance with the procedures of Section 13169.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Subchapter 3.5. Development on Parcels Added to the Coastal Zone on   January 1, 1980
Article 1. Review Provisions
§13214. Scope.
Note     •     History

Any person claiming a development to be exempt from the permit requirements of the Act pursuant to Public Resources Code Section 30608.5 must substantiate the claim in a proceeding under this subchapter. In such a proceeding the claimant shall assume the burden of proof.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.
HISTORY

1. New subchapter 3.5 (Sections 13214-13214.8) filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
§13214.1. Obligation to File.
Note     •     History

Any person who claims that a development is exempt from the permit requirements of the Public Resources Code, Section 30600 or 30601 pursuant to Public Resources Code, Section 30608.5 must file a claim with the commission and obtain approval under this subchapter.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13214.2. Claim Forms.
Note     •     History

Claim forms shall be published by the commission. The executive director of the commission shall revise the form as necessary to assist claimants in providing the information necessary to substantiate a claim, provided, however, that any significant change in the type of information requested must be approved by the commission. A claim shall be filed only after the claimant has provided the commission with all the information called for by the form, as well as any other information which the executive director of the commission deems necessary to review the claim.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13214.3. Initial Determination.
Note     •     History

As soon as practicable after the filing of a claim, and in no event later than 30 days from the filing date, the executive director of the commission shall make an initial determination whether the claim appears to be substantiated; notice of the initial determination shall be transmitted to the claimant and to any person(s) requesting notice or known by the executive director to be interested. Based on the initial determination, the executive director shall make a written recommendation to the commission for consideration at the hearing on the claim application at the next succeeding regularly scheduled meeting. At such hearing the executive director shall introduce into evidence all information submitted by the applicant or other interested parties either supporting or in opposition to the application up to the deadline for submission of evidence established by the commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13214.4. Notice.
Note

Notice of the recommendation and the date the public hearing on the claim shall be made in the manner prescribed by Section 13059.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.
§13214.5. Acknowledgment Hearing Procedure.
Note     •     History

(a) Commission action on a claim shall be supported by written finding of facts. If the commission finds that a claim is substantiated, it shall acknowledge the claim. If it finds that a claim is not substantiated, it shall deny the claim. However, if the circumstances suggest that a claimant may be able to provide additional information to substantiate the claim or that other evidence is pertinent to the claim, the matter may be continued for the purpose of submitting further information and for action at the next succeeding meeting following the receipt and review of the information.
(b) Claims which the executive director recommends be acknowledged may be placed on a consent calendar and processed in the manner provided by Sections 13101 and 13103.
(c) All other claims shall be processed in the manner provided by Sections 13080-13096.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13214.6. Appeal to the Commission.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.
HISTORY

1. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Article 2. Grant of Claim
§13214.7. Effect of Acknowledged Claim.
Note     •     History

A final determination of the commission recognizing a claim pursuant to Public Resources Code Section 30608.5 exists shall constitute acknowledgment that the development does not require a coastal development permit under Public Resources Code, Section 30600 or 30601 provided that this shall only apply to developments actually completed or where substantial work has been undertaken prior to July 1, 1981.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13214.8. Notification to Local Government.
Note

As soon as practicable after final action on a claim by the commission, the executive director shall transmit a notice of the action taken to the local government having jurisdiction over the area in which the development is located, the claimant, and to any person known by the executive director to be interested in the matter.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.
Subchapter 4. Urban Land Exclusion
Article 1. Commission Review Procedures
§13215. Urban Land Exclusion.
Note     •     History

The provisions of this subchapter shall govern the exclusion of any urban land area from the provisions of Chapter 7 of the California Coastal Act of 1976 pursuant to Public Resources Code, Section 30610.5.
NOTE

Authority cited: Sections 30331 and 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code.
HISTORY

1. New Subchapter 4 (Sections 13215-13234, not consecutive) filed 2-11-77 as an emergency; effective upon filing (Register 77, No. 7). 
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
3. Amendment of NOTE filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13216. Local Government Request.

A local government may request, in writing, that an urban land area be excluded by the commission from the permit provisions of the California Coastal Act of 1976. The request for exclusion shall include, or be accompanied by the following:
(a) A description specifically identifying the land area for which the exclusion is requested.
(b) Information describing the zoning in effect on January 1, 1977.
(c) A description or statement as to the density of the development existing on or before January 1, 1977.
(d) A description of any existing or proposed regulatory or other controls on development within the area which will insure that any future development will be infilling or replacement and will be in conformity with the scale, size, and character of the surrounding community and that any locally permitted development will have no potential for significant adverse effects, either individually or cumulatively on public access to the coast or on coastal resources.
(e) Information as to the number of lots within the area requested for exclusion and the number of lots which are built upon to the same general density or intensity of use.
§13217. Material Supporting Request for Exclusion.

The request for exclusion shall contain or be accompanied by the following supporting material:
(a) The precise language of existing regulatory or other controls on development within the area requested for exclusion that would insure that any development within said area, either individually or cumulatively, would meet the criteria of Public Resources Code Section 30610.5; or proposed regulatory or other controls on development within the area requested for exclusion that the local government intends to adopt and enforce in order to assure that any development within said area, either individually or cumulatively, would meet the criteria of Public Resources Code 30610.5; or any combination of the above. The description of regulatory controls may include any land use controls such as height limits or open space requirements that could affect allowable density, height or nature of uses.
(b) A general description of existing development within the area to be excluded, the amount of privately-owned net acreage to be excluded, and the resulting density (units per acre).
(c) A reasonable estimate of the most intense development that could occur, based on the regulatory controls of the proposed exclusion. This estimate may utilize any combination of geographic units deemed appropriate by the local government and may include an analysis of the likely effects of regulatory controls such as height limits, off-street parking requirements, floor area ratio, etc.
(d) An analysis of the effects of the development projected in subdivision (c) above on public access to the coast and on coastal resources.
(e) Any other information as may from time to time be requested by the executive director of the commission or by the commission to determine whether and on what terms and conditions, if any, such area may be excluded pursuant to Public Resources Code, Section 30610.5.
§13218. Preliminary Review of Exclusion Request.

Any local government desiring the exclusion of any urban land area within its jurisdiction, pursuant to Public Resources Code Section 30610.5, may request a preliminary advisory review of the proposed exclusion by the commission. Because the purpose of the preliminary review is to provide sufficiently detailed information to make the determinations required in Public Resources Code Section 30610.5, the exclusion request need not be in the final language required of an adopted ordinance. The commission will grant a request for a preliminary advisory review as time allows, provided such review will not adversely limit commission time required for the review of other agenda items. Any such advisory review shall be conducted at a properly noticed public hearing of the commission. The chairperson shall establish predetermined time limits for testimony by the local government and interested persons. Individual members of the commission may ask questions and make statements but no vote shall be taken.
§13219. Submission and Filing of Requests and Supporting Material.

The executive director of the commission shall determine whether the request and supporting materials provide sufficient information to permit evaluation of the request pursuant to Public Resources Code Section 30610.5. These determinations shall be made by the executive director within five (5) working days after the material is received. If it is determined that the material is legally sufficient and technically complete, the request for exclusion shall be filed and the requesting local government shall be informed of the filing. If the executive director determines that the material is not sufficient, the executive director shall provide the requesting local government with a statement of the reasons why the request was not filed. Upon curing any defects, the requesting local government may resubmit the request for exclusion. Any local government submitting an application for exclusion may also request a determination from the commission as to the adequacy of the material that it has submitted for purposes of conducting the review of the urban exclusion request pursuant to Public Resources Code, Section 30610.5.
§13220. Commission Review of Request.
Note     •     History

The request for exclusion shall be scheduled for public hearing before the commission no later than 49 days after being filed unless the local government requests the executive director's approval of additional time to supplement a request for exclusion. The executive director of the commission shall prepare a report for the commission summarizing the nature and effects of the request. The report shall be prepared and distributed in the same manner as an application summary, as provided in Sections 13057 and 13059 but shall deal only with those issues raised by the requirements of Public Resources Code, Section 30610.5. Notice of the hearing shall be provided in the manner set forth in Section 13016. Oral hearing procedures shall be those set forth in Sections 13064-13068.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13221. Commission Action on Request.

(a) If the staff report contained an initial staff recommendation, the commission may, at its discretion, vote on the request at the same meeting following the conclusion of the public hearing in the same manner as provided in Sections 13081-13083. 
(b) If the staff report did not contain an initial recommendation, the executive director shall prepare a written recommendation on the request for exclusion after the close of the public hearing. The executive director's staff recommendation shall be prepared and distributed as provided in Sections 13075 and 13076 but the proposed action, findings, and conditions shall be stated only in terms of the requirements of Public Resources Code, Section 30610.5. The commission shall act on the request for exclusion, approving or denying it in whole or in part, at the next regularly scheduled meeting following completion of the public hearing, unless the commission finds that good cause exists for continuing its action to a later time.
§13222. Effective Date of Urban Exclusion.

No urban exclusion approved by the commission shall be effective until the following occur:
(a) The requesting local government, by action of its governing body, acknowledges receipt of the commission's resolution of approval including any conditions which may have been required pursuant to Public Resources Code, Section 30610.5 and
(b) The requesting local government, by appropriate action of its governing body, accepts and agrees to the terms and conditions, if any, to which the urban exclusion has been made subject and takes final action to implement all such conditions.
§13223. Denial of Request for Exclusion.

If the commission denies a request for exclusion it shall adopt a resolution indicating the reasons for such denial, and shall transmit the resolution to the requesting local government. Following such denial, a new request for exclusion of the same area may be filed with the commission after the expiration of three (3) months from the date of the commission's action, provided that the local government submits information indicating the reasons for denial have been overcome in the new request.
§13224. Termination of Final Request.

The local government may at any time terminate the request for exclusion and such termination shall void the order granting the exclusion and reinstate the development controls of the California Coastal Act of 1976. Upon termination of the request, no new request for an exclusion of the same area may be filed with the commission for three (3) months from the date of termination.
§13225. Amendments to Order Granting Exclusion.
Note     •     History

The local government may request amendments to the order granting exclusion and shall file such requests with the commission. Amendments that do not result in a significant change affecting the requirements of Public Resources Code, Section 30610.5(b) may be approved by the executive director of the commission and shall be reported to the commission at the next regularly scheduled meeting of the commission for which notice can be provided pursuant to Section 13220. The findings of the executive director shall be conclusive unless three (3) or more commissioners, following any public comment on the proposed amendments request to review the determination of whether the proposed amendment would constitute a significant change. Upon such a request by three (3) or more commissioners, the commission shall determine whether the amendment would result in a significant change in density, height or nature of uses in the excluded area. If the amendment is determined not to be substantial, the amendment shall be deemed approved and shall immediately be incorporated in the original order granting the exclusion. An amendment found to be substantial shall, at the option of the local government, be treated in the same manner as a new request to exclude an urban area or as a request for a categorical exclusion pursuant to Sections 13240-13249.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Article 2. Environmental Impact Review Pursuant to the California Environmental Quality Act
NOTE

Authority cited: Sections 30331 and 30333, Public Resources Code.
HISTORY

1. Repealer of Article 2 (Sections 13226-13229) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33). For prior history, see Register 77, No. 24.
Article 3. Implementation of Urban Exclusion Order
§13230. Effect of an Order Granting Exclusion.
Note     •     History

An order granting exclusion removes the area in question from the provisions of Chapter 7 of the California Coastal Act of 1976, from the effective date of the exclusion order until the certification of a local coastal program or January 1, 1981, whichever is earlier and therefore no permit application otherwise requiring a local government permit for the proposed development activity shall be filed for such an area with the commission. No development inconsistent with such order may take place unless the order is amended or terminated as provided in this Subchapter.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81;effective thirtieth day thereafter (Register 81, No. 33).
§13231. Interpretation of Exclusion.

Any person may request an interpretation of the order granting an exclusion from the executive director of the commission. The executive director shall, as soon as time and resources allow, make such interpretation; such interpretation shall be reviewed by the commission at its next regularly scheduled meeting for which notice can be provided pursuant to Section 13220. The decision of the executive director shall be conclusive unless three (3) or more members of the commission request to review the interpretation, in which case the commission shall make the interpretation by majority vote of the appointed membership. The affected local government shall be notified of any such interpretation. The commission will review any interpretation of the executive director if requested by the affected local government.
Article 4. Relationship to Local Coastal Program
§13234. Termination upon Adoption of Local Coastal Program.

Upon the effective date of the delegation of development review authority to a local government pursuant to Public Resources Code, Section 30519, an urban exclusion order shall automatically be deemed terminated for that portion of the urban exclusion land area included in the approved local coastal program. Any permit granted pursuant to an exclusion order shall remain in effect, provided that no substantial change is made in the development plan previously approved and all necessary governmental approvals remain in effect.
§13235. Applicability of an Exclusion to the Local Coastal Program.
Note     •     History

The circumstances, provisions, terms conditions, etc., related to an urban exclusion shall not prejudice the certification or denial of certification of the Local Coastal Program by the commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code.
HISTORY

1. New section filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Subchapter 4.5. Waiver of Permit Requirements for De Minimis Development
§13238. Scope of Subchapter.
Note     •     History

This subchapter governs procedures to process waivers from permit requirements for de minimis projects pursuant to Public Resources Code Section 30624.7.
NOTE

Authority cited: Sections 30333 and 30624.7, Public Resources Code. Reference: Section 30624.7, Public Resources Code.
HISTORY

1. New Subchapter 4.5 (Sections 13238 and 13238.1-13238.3) filed 4-14-82 as an emergency; effective upon filing (Register 82, No. 17).
2. Order of Repeal of 4-14-82 emergency order filed 4-21-82 by OAL pursuant to Government Code Section 11349.6 (Register 82, No. 17).
3. New Subchapter 4.5 (Sections 13238 and 13238.1-13238.2) filed 8-25-82; effective upon filing pursuant to Government Code Section 11346.2(d).
§13238.1. Application.
Note

The executive director may issue a waiver from permit requirements after review of a completed permit application. If, upon review of the application, the executive director determines that the permit requirements may be waived, the applicant shall post public notice as required by Section 13054(b), and shall provide any additional notice to the public that the executive director deems appropriate. The executive director shall notify any person known to be interested in the proposed development of the proposed waiver.
NOTE

Authority cited: Sections 30333 and 30624.7, Public Resources Code. Reference: Section 30624.7, Public Resources Code.
§13238.2. Report to the Commission.
Note

The executive director shall report to the Commission those projects for which waivers have been issued under this subchapter, with sufficient description to give notice of the proposed development to the Commission. A list of waivers issued by the executive director shall be available for public inspection at the meeting during which the waivers will be reported. Any waivers issued by the executive director shall be included in the report for the next meeting. If, pursuant to Public Resources Code Section 30624.7, the Commission requests that the waiver not be effective, the applicant shall be advised that a coastal permit is required if the applicant wishes to proceed with the development.
NOTE

Authority cited: Sections 30333 and 30624.7, Public Resources Code. Reference: Section 30624.7, Public Resources Code.
Subchapter 5. Categorical Exclusions
§13240. Categorical Exclusions.
Note     •     History

The provisions of this Subchapter shall govern the procedure of the commission in considering the exclusion of any category of development or any category of development within a specifically defined geographic area from the coastal development permit requirements of Chapter 7 of the California Coastal Act of 1976 (commencing with Section 30600) pursuant to Public Resources Code, Section 30610(e).
NOTE

Authority cited: Sections 30331 and 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code.
HISTORY

1. New Subchapter 5 (Sections 13240-13249, not consecutive) filed 2-11-77 as an emergency; effective upon filing (Register 77, No. 7). 
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 10). 
3. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Article 1. Commission Review Procedures
§13241. Request for Exclusion.
Note     •     History

(a) In the case of a local government or other public agency requesting that a category of development or categories of development within a specific geographic area be excluded from the coastal development permit requirements of Chapter 7 of the California Coastal Act of 1976 (commencing with Public Resources Code, Section 30600), such agency shall provide the executive director of the commission with materials and information that the executive director deems necessary to make the findings required by Public Resources Code, Section 30610(e) and 30610.5(b) and the California Environmental Quality Act (commencing with Public Resources Code Section 21000). The executive director shall cause a public hearing on such a request to be scheduled within a reasonable time of the receipt of materials and information sufficient to allow him to evaluate whether the request for exclusion meets the requirements of Public Resources Code, Sections 30610(e) and 30610.5(b).
(b) In the case of a request by a person not representing a public agency, the executive director shall review proposed requests for categorical exclusions and submit for commission review only those requests that appear to meet the requirements of Public Resources Code, Sections 30610(e) and 30610.5(b).
(c) Commission requests shall be reviewed in the same manner as provided in subsection (a) above.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13242. Hearing Procedures.

The executive director of the commission, after consultation with the public agency that approves development activity for the particular category of development proposed for exclusion with any affected local government and with any persons known to be interested in the development activity, shall prepare and distribute a report in the same manner provided in Section 13220. If the commission determines after the public hearing is closed that the proposed categorical exclusion warrants commission action, the executive director shall prepare a recommendation in the same manner as provided in Section 13221.
§13243. Commission Action on Order Granting Exclusion.
Note     •     History

The commission shall, by a two-thirds (2/3) vote of its appointed members, exclude those categories of development or categories of development within specific geographic areas that it finds meet the criteria of Public Resources Code, Section 30610(e); the commission shall require such terms and conditions as it deems necessary pursuant to Public Resources Code, Section 30610.5(b). The commission's order granting the exclusion shall contain the following:
(a) A precise description of the category of development or category of development within a specific geographic area that is the subject of the exclusion in sufficient detail to permit any person to know precisely which category of development within a specific geographic area does not require a coastal development permit pursuant to Chapter 7 of the California Coastal Act of 1976.
(b) Specific findings supporting such determination to grant the exclusion as required by Public Resources Code Section 30610(e).
(c) Any terms and conditions necessary to comply with the requirements of Section 30610.5(b). Such terms and conditions may also specify that certain categories of development or categories of development within a specific geographic area may be excluded only on a condition that local government development approvals are reviewable by the commission in the same manner as provided in Sections 13318-13323.
(d) Any category of development for which the commission shall receive notice of public agency approval.
(e) A declaration that the exclusion may be rescinded at any time, in whole or in part, if the commission finds by a majority vote of its appointed membership after public hearing that the terms and conditions of the exclusion order no longer support the findings specified in Public Resources Code, Section 30610(e) and that the order may be revoked at any time that the terms and conditions of the order are violated as provided in Public Resources Code, Section 30610.5.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13244. Order Granting Exclusion.
Note     •     History

Upon adoption of an order granting an exclusion pursuant to this article, the commission shall transmit copies of such order to each applicable local government or other public agency affected by the exclusion order. No categorical exclusion approved by the commission shall be effective until the following occur:
(a) The public agency which issues the permit for the category of development that is the subject of the categorical exclusion order, by action of its governing body, acknowledges receipt of the commission's resolution of approval, including any conditions which may have been required pursuant to Public Resources Code Section 30610.5;
(b) The agency described in subsection (a) above, by appropriate action of its governing body, accepts and agrees to the terms and conditions to which the categorical exclusion has been made subject; and
(c) The executive director of the commission determines in writing that the public agency's resolution is legally adequate to carry out the exclusion order and that the notification procedures satisfy the requirements of the exclusion order.
The approval of any category of development excluded on condition that the commission shall have the right to review any such development shall be conditioned on the requirement that the public agency permit shall not become effective for twenty (20) working days following commission receipt of notification as provided in Section 13243 (c) and (d).
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 31).
§13244.1. Adopted Categorical Exclusions.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30610(d) and 30610.5(a) and (b), Public Resources Code.
HISTORY

1. New subsection (q) filed 2-8-78; effective thirtieth day thereafter (Register 78, No. 6). For prior history, see Register 77, No. 50.
2. New subsection (r) filed 2-28-78; effective thirtieth day thereafter (Register 78, No. 9).
3. New subsection (s) filed 4-11-78; effective thirtieth day thereafter (Register 78, No. 15).
4. New subsection (t) filed 6-27-78; effective thirtieth day thereafter (Register 78, No. 26).
5. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13245. Interpretation, Amendment or Termination of Exclusion Order.

An interpretation of a categorical exclusion order may be requested in the same manner provided in Section 13231. A request for amendment to a categorical exclusion order shall be reviewed in the same manner provided in Section 13225, provided that approval of a proposed amendment shall be by two-thirds (2/3) vote of the appointed membership. A public agency may request that a categorical exclusion order be terminated in the manner provided in Section 13224.
Article 2. Implementation of Categorical Exclusion Order
§13247. Effect of a Categorical Exclusion Order.
History

An order granting an exclusion for a category of development removes that category of development from the permit requirements of Chapter 7 of the California Coastal Act of 1976 to the extent and in the manner specifically provided in the exclusion order. No development inconsistent with such order may take place unless the order is amended or terminated as provided in this subchapter or a final coastal development permit is issued.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
§13248. Notification of Development Approvals.

Any public agency issuing a development permit for any excluded category of development or category of development within a specific geographic area for which notification requirements are specified in the commission's exclusion order shall notify the commission of such development approval in the same manner as required in Section 13315.
§13249. Termination of Order Granting Exclusion.
Note     •     History

The commission may revoke an order granting a categorical exclusion at any time after public hearing as set forth below:
(a) If the executive director or any two (2) members of the commission determine that development inconsistent with the exclusion order has been permitted and that corrective measures other than revocation have not been or may not be effective, the executive director shall cause to have scheduled a public hearing to be conducted in the manner provided in Section 13243. If the commission determines after public hearing that the conditions of exclusion have been violated, it may by a majority vote of its authorized membership, revoke the exclusion order and reinstate the permit requirements of the California Coastal Act of 1976 (commencing with Public Resources Code, Section 30600) as of the date of the commission's decision to revoke the exclusion order. The procedures for rescission of an exclusion order shall be the same except that the commission must find that the terms and conclusions of the exclusion order no longer support the findings required by Public Resources Code, Section 30610(e).
(b) Upon the effective date of the delegation of development review authority to a local government pursuant to Public Resources Code, Section 30519, a categorical exclusion order shall automatically be deemed terminated for any category of development included in the geographic area of the approved local coastal program.
(c) At the time of the termination of an exclusion order pursuant to subsection (a) above, the commission shall indicate any prior permits approved during the term of the exclusion order that will require coastal commission permit review pursuant to these regulations. Any permit approved prior to the termination of an exclusion order pursuant to subsection (b) above shall remain in effect, provided that no substantial change is made in the development plans previously approved and all necessary governmental approvals remain in effect.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Subchapter 6. Existing Single-Family Residences
§13250. Improvements to Existing Single-Family Residences.
Note     •     History

(a) For purposes of Public Resources Code Section 30610(a) where there is an existing single-family residential building, the following shall be considered a part of that structure:
(1) All fixtures and other structures directly attached to a residence;
(2) Structures on the property normally associated with a single-family residence, such as garages, swimming pools, fences, and storage sheds; but not including guest houses or self-contained residential units; and
(3) Landscaping on the lot.
(b) Pursuant to Public Resources Code Section 30610(a), the following classes of development require a coastal development permit because they involve a risk of adverse environmental effects: 
(1) Improvements to a single-family structure if the structure or improvement is located: on a beach, in a wetland, seaward of the mean high tide line, in an environmentally sensitive habitat area, in an area designated as highly scenic in a certified land use plan, or within 50 feet of the edge of a coastal bluff.
(2) Any significant alteration of land forms including removal or placement of vegetation, on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff, or in environmentally sensitive habitat areas;
(3) The expansion or construction of water wells or septic systems;
(4) On property not included in subsection (b)(1) above that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the commission or regional commission, improvement that would result in an increase of 10 percent or more of internal floor area of an existing structure or an additional improvement of 10 percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a), increase in height by more than 10 percent of an existing structure and/or any significant non-attached structure such as garages, fences, shoreline protective works or docks.
(5) In areas which the commission or a regional commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use including but not limited to swimming pools, or the construction or extension of any landscaping irrigation system.
(6) Any improvement to a single-family residence where the development permit issued for the original structure by the commission, regional commission, or local government indicated that any future improvements would require a development permit.
(c) In any particular case, even though an improvement falls into one of the classes set forth in subsection (b) above, the executive director of the commission may, where he or she finds the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit; provided, however, that any such waiver shall not be effective until it is reported to the commission at its next regularly scheduled meeting. If any three (3) commissioners object to the waiver, the proposed improvement shall not be undertaken without a permit.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(a), Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment of subsection (b)(4) filed 8-24-77; effective thirtieth day thereafter (Register 77, No. 35).
3. Amendment of subsection (a)(5) filed 5-29-79; effective thirtieth day thereafter (Register 79, No. 22).
4. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
5. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
6. Amendment of subsection (b)(1) filed 7-24-80; effective thirtieth day thereafter (Register 80, No. 30).
7. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
8. Amendment of subsection (c) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
9. Amendment of section heading and section filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Subchapter 7. Repair and Maintenance Activities That Require a Permit
§13252. Repair and Maintenance of Activities Requiring a Permit.
Note     •     History

(a) For purposes of Public Resources Code Section 30610(d), the following extraordinary methods of repair and maintenance shall require a coastal development permit because they involve a risk of substantial adverse environmental impact:
(1) Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
(A) Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;
(B) The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries;
(C) The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind; or
(D) The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams.
(2) Any method of routine maintenance dredging that involves:
(A) The dredging of 100,000 cubic yards or more within a twelve (12) month period;
(B) The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams; or
(C) The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.
(3) Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams that include:
(A) The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials;
(B) The presence, whether temporary or permanent, of mechanized equipment or construction materials.
All repair and maintenance activities governed by the above provisions shall be subject to the permit regulations promulgated pursuant to the Coastal Act, including but not limited to the regulations governing administrative and emergency permits. The provisions of this section shall not be applicable to methods of repair and maintenance undertaken by the ports listed in Public Resources Code Section 30700 unless so provided elsewhere in these regulations. The provisions of this section shall not be applicable to those activities specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Commission on September 5, 1978 unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands, or public views to the ocean.
(b) Unless destroyed by natural disaster, the replacement of 50 percent or more of a single family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit.
(c) Notwithstanding the above provisions, the executive director of the commission shall have the discretion to exempt from this section ongoing routine repair and maintenance activities of local governments, state agencies, and public utilities (such as railroads) involving shoreline works protecting transportation road ways.
(d) Pursuant to this section, the commission may issue a permit for on-going maintenance activities for a term in excess of the two year term provided by these regulations.
(e) In any particular case, even though a method of repair and maintenance is identified in subsection (a) above, the executive director may, where he or she finds the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit; provided however, that any such waiver shall not be effective until it is reported to the commission at its next regularly scheduled meeting. If any three (3) commissioners object to the waiver, the proposed repair and maintenance shall not be undertaken without a permit.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(d), Public Resources Code.
HISTORY

1. New Subchapter 7 (Section 13252) filed 6-29-78 as an emergency; effective upon filing (Register 78, No. 26).
2. Amendment of subsection (a)(4) and new subsections (c) and (d) filed 11-21-78; effective thirtieth day thereafter (Register 78, No. 47).
3. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
4. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
5. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
6. Amendment of subsections (c) and (d) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
7. Amendment of subsections (a)(1)(D), (a)(3)(B) and (b) and new subsection (e) filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Subchapter 7.5. Improvements to Structures, Other than Single-Family Residences and Public Works Facilities That Require Permits
§13253. Improvements That Require Permits.
Note     •     History

(a) For purposes of Public Resources Code Section 30610(b) where there is an existing structure, other than a single-family residence or public works facility, the following shall be considered a part of that structure:
(1) All fixtures and other structures directly attached to the structure.
(2) Landscaping on the lot.
(b) Pursuant to Public Resources Code Section 30610(b), the following classes of development require a coastal development permit because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use contrary to the policy of Division 20 of the Public Resources Code:
(1) Improvement to any structure if the structure or the improvement is located: on a beach; in a wetland, stream, or lake; seaward of the mean high tide line; in an area designated as highly scenic in a certified land use plan; or within 50 feet of the edge of a coastal bluff;
(2) Any significant alteration of land forms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within 100 feet of the edge of a coastal bluff, in a highly scenic area, or in an environmentally sensitive habitat area;
(3) The expansion or construction of water wells or septic systems;
(4) On property not included in subsection (b)(1) above that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resource areas as designated by the commission or regional commission an improvement that would result in an increase of 10 percent or more of internal floor area of the existing structure, or constitute an additional improvement of 10 percent or less where an improvement to the structure has previously been undertaken pursuant to Public Resources Code Section 30610(b), and/or increase in height by more than 10 percent of an existing structure;
(5) In areas which the commission or regional commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for protection of coastal recreation or public recreational use, the construction of any specified major water using development including but not limited to swimming pools or the construction or extension of any landscaping irrigation system;
(6) Any improvement to a structure where the coastal development permit issued for the original structure by the commission, regional commission, or local government indicated that any future improvements would require a development permit;
(7) Any improvement to a structure which changes the intensity of use of the structure;
(8) Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion.
(c) In any particular case, even though the proposed improvement falls into one of the classes set forth in subsection (b) above, the executive director of the commission may, where he or she finds the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit; provided, however, that any such waiver shall not be effective until it is reported to the commission at its next regularly scheduled meeting. If any three (3) commissioners object to the waiver, the proposed improvement shall not be undertaken without a permit.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(b), Public Resources Code.
HISTORY

1. New subchapter 7.5 (Section 13253) filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
3. Amendment of subsection (b)(1) filed 7-24-80; effective thirtieth day thereafter (Register 80, No. 30).
4. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
5. Amendment of subsection (c) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
6. Amendment of subsections (b)(1)-(2), (b)(4), (b)(6) and (c) filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Subchapter 8. Minor Adjustments to the Coastal Zone Boundary
Article 1. Boundary Adjustment and Boundary Determination Requests
§13255.0. Scope.
Note     •     History

This subchapter shall govern (a) the request for a determination of the precise location of a particular parcel or area of land in relation to the boundary of the coastal zone, and (b) the request, review and implementation of proposed minor adjustments to the inland boundary of the coastal zone pursuant to Public Resources Code Section 30103(b). Boundary adjustments made pursuant to this subchapter shall be determinative for all purposes with respect to the California Coastal Act of 1976.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
HISTORY

1. New Subchapter 8 (Articles 1-4, Sections 13255.0-13259, not consecutive) filed 6-6-79; effective thirtieth day thereafter (Register 79, No. 23).
2. Amendment of article heading and section filed 3-14-2008; operative 3-14-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
§13255.1. Request for Boundary Determination.
Note     •     History

Any request for a written determination by the Commission of the precise location of a particular parcel or area of land in relation to the boundary of the coastal zone shall be accompanied by payment of the fee set forth in Section 13055(b)(6).
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
HISTORY

1. Amendment of subsections (a), (c), and (d) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Renumbering of former section 13255.1 to section 13255.2 and new section 13255.1 filed 3-14-2008; operative 3-14-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
§13255.2. Request for Boundary Adjustment.
Note     •     History

(a) The owner of the affected lot or parcel, the local government of jurisdiction, or the executive director of the commission may propose that the inland boundary of the coastal zone be adjusted to avoid bisecting any lot or parcel, or to conform the boundary to readily identifiable natural or manmade features. The request to adjust the boundary shall be made in writing to the commission.
(b) The request for a boundary adjustment shall be accompanied by sufficient information to enable the commission to determine whether the proposed adjustment is consistent with Public Resources Code Section 30103(b). This information shall include:
(1) Name and address of the owner of the affected lot or parcel.
(2) Names and addresses of all occupants of the affected lot or parcel.
(3) A description and documentation of the applicant's legal interest in the affected lot or parcel.
(4) Names and addresses of all owners and occupants of all lots or parcels wholly or partially within 100 feet of the affected lot or parcel and the addresses of all such lots or parcels;
(5) A map of suitable scale to show the present and proposed location of the coastal zone boundary, all lots or parcels within 100 feet of the affected lot or parcel, and the existence and location of all readily identifiable natural and manmade features;
(6) A description of the existing use of the affected lot or parcel and the nearby lands.
(7) A discussion of the reasons is for the request that the coastal zone boundary be adjusted.
(c) The person requesting the adjustment shall post a conspicuous notice of the proposed adjustment at the time the request is submitted to the commission. The form and location of the posted notice shall be similar to that required by Section 13054(b) for permit matters.
(d) The request for a boundary adjustment shall be accompanied by a filing and processing fee as set forth in Section 13055(b)(7).
The executive director of the commission may waive the filing and processing fee in full or in part where the request concerns the same lot or parcel considered for a previous boundary adjustment or permit application where no substantial staff work is required or where the request is made by the local government of jurisdiction.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
HISTORY

1. Renumbering of former section 13255.2 to new section 13255.3 and renumbering of former section 13255.1 to section 13255.2, including amendment of subsection (d) and repealer of subsections (d)(1)-(4), filed 3-14-2008; operative 3-14-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
§13255.3. Notification Requirements.
Note     •     History

The person requesting the adjustment shall provide notice to affected parties, property owners and occupants of any parcel within 100 feet of any boundary of the affected parcel and to any other persons known to be interested in the proposed boundary adjustments. This notice shall comply with the requirements prescribed in Section 13054 for permit matters.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
HISTORY

1. Renumbering of former section 13255.2 to new section 13255.3 filed 3-14-2008; operative 3-14-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
Article 2. Commission Action on Boundary Adjustment Request
§13256.0. Consideration by Regional Commission of Requests for Boundary Adjustments.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30103(b) and 30305, Public Resources Code.
HISTORY

1. Amendment of Article heading and repealer of Section 13256.0 filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§13256.1. Staff Review.
Note     •     History

(a) Within five (5) days of receipt of a request for a boundary adjustment, the executive director of the commission shall make a preliminary review of the request. If the request does not conform to the provisions of Section 13255.1 or if the proposed adjustment patently fails to conform to the requirements of Public Resources Code Section 30103(b), the executive director of the commission shall reject the request and shall notify the person requesting the adjustment of his or her determination.
(b) Following the preliminary review the executive director of the commission shall further review the requested boundary adjustment and shall investigate:
(1) whether there are alternative adjustments to the boundary either seaward or landward which would be consistent with the provisions of Public Resources Code Section 30103(b) and which would result in a more readily identifiable location for the coastal zone boundary;
(2) whether there are coastal resources on the affected lot or parcel which would be affected by a change in the boundary;
(3) whether an adjustment to the boundary would affect coastal resources on other lands;
(4) whether an adjustment to the boundary would affect opportunities for public access to or along the coast;
(5) whether an adjustment to the boundary would affect the ability of local government to prepare a local coastal program in conformance with the goals, objectives and policies of the Coastal Act of 1976.
In conducting the investigation of the proposed boundary adjustment the executive director of the commission shall consult with the affected local governments.
(c) The executive director of the commission shall prepare and distribute a written staff recommendation regarding the requested boundary adjustment in a manner similar to the manner for preparation and distribution of staff recommendations on permit matters.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13256.2. Commission Action on Boundary Adjustment.
Note     •     History

Within 49 days of the filing of a request for a boundary adjustment the Commission shall conduct the public hearing and take action in substantially the same manner as provided in Sections 13057-13096. The Commission shall adopt a resolution regarding the request for an adjustment to the coastal zone boundary. The resolution shall be accompanied by specific factual findings to support the following legal conclusions:
(a) The adjustment conforms to the requirements of Section 30103(b) of the Coastal Act; and
(b) The adjustment will not interfere with the achievement of the policies of Chapter 3 of the Coastal Act; and will not prejudice the preparation of a local coastal program conforming to Chapter 3 of the Coastal Act.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30103, Public Resources Code.
HISTORY

1. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
3. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Article 3. Commission Hearing and Voting Procedure
§13257.0. Commission Action upon Receipt of Regional Commission Recommendation.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30103, Public Resources Code.
HISTORY

1. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
3. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13257.1. State Commission Action Without De Novo Public Hearing.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
HISTORY

1. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13257.2. State Commission Action with a De Novo Public Hearing.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
HISTORY

1. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13257.3. Qualifications to Testify Before the Commission.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
HISTORY

1. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13257.4. Evidence.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
HISTORY

1. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13257.5. Adoption by State Commission.
Note     •     History

Upon commission approval of adjustment to the coastal zone boundary, the executive director of the commission shall record the adjustment on the official jurisdiction maps and file them with the appropriate county clerk within thirty (30) days of the commission action.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Article 4. Withdrawal and Reapplication
§13258. Withdrawal of Boundary Adjustment Request.
Note     •     History

At any time before the commission commences the roll call for a final vote on the boundary adjustment request, the person requesting the boundary adjustment may withdraw the request. The withdrawal must be in writing or stated on the record and does not require commission concurrence.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§13259. Reapplication.
Note     •     History

Following a final decision upon a request for a coastal zone boundary determination, no person previously requesting a boundary adjustment may resubmit to the commission a request for a boundary adjustment for the same parcel for a period of six months from the date of the previous final decision. The six-month waiting period provided in this section may be waived by the commission for good cause.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
HISTORY

1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Chapter 7. Coastal Development--Permits Issued by Local Governments and Other Public Agencies
Subchapter 1. Coastal Development Permits Issued by Local Governments
§13300. Applicability of Chapter to Developments Within the Coastal Zone.
Note     •     History

This chapter shall govern the issuance by local governments of coastal development permits pursuant to Public Resources Code Section 30600(b) and shall be applicable to any person wishing to perform or undertake any development in the coastal zone except for the following:
(a) Any development on tidelands, submerged lands, or on public trust lands, whether filled or unfilled.
(b) Any development by a public agency for which a local government permit is not otherwise required.
(c) Any development subject to the provision of Section 30608, 30610, 30610.5, 30611 and 30624 of the Public Resources Code.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600(b) and 30601, Public Resources Code.
HISTORY

1. New Chapter 7 (Sections 13300-13327, not consecutive) filed 2-11-77 as an emergency; effective upon filing (Register 77, No. 7). 
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
3. Amendment of NOTE filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
Article 1. Local Government Coastal Development Permit Program
§13301. Coastal Development.
Note     •     History

(a) Following the implementation of a coastal development permit program by a local government as provided in Section 13307, any person wishing to perform a development within the affected jurisdiction except as specified in Section 13300 shall obtain a coastal development permit from the local government. If the development is one specified in Public Resources Code 30601, a permit must also be obtained from the commission in addition to the permit otherwise required from the local government; in such instances, an application shall not be made to the commission until a coastal development permit has been obtained from the appropriate local government.
(b) Where any proposed activity involves more than one action constituting a development under Public Resources Code, Section 30106, the sum of such actions may be incorporated into one coastal development permit application and into one coastal development permit for purposes of notification requirements of Section 13315; provided, however, that no individual development activity may be commenced or initiated in any way until the overall development has been reviewed pursuant to the provisions of Sections 13315-13325.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600 and 30601, Public Resources Code.
HISTORY

1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
Article 2. Requirements for the Local Government Coastal Development Permit System
§13302. Coastal Development Permit Program Content.
Note     •     History

In order to meet the requirements of the California Coastal Act including Public Resources Code, Sections 30602(a), 30604, 30620 and 30620.5 a local government coastal development permit program shall include, but not be limited to, the following:
(a) Application forms that require, as a minimum, the same information required on the application forms adopted by the commission pursuant to Public Resources Code, Section 30620(a)(1).
(b) Designation of a discretionary body or bodies which will review applications for and issue coastal development permits pursuant to the requirements of Public Resources Code, Section 30604, 30620.5(a) and 30625(c).
(c) Procedures which incorporate in the permit review process the interpretive guidelines issued by the commission pursuant to Public Resources Code, Section 30620(a)(3).
(d) Procedures for providing notice to the public, including all persons who request notice of pending permit applications and of rights of appeal within the local government and to the commission at a minimum equivalent to the notice required by Sections 13054 and 13063.
(e) Procedures which specify;
(1) The method by which interested persons may communicate concerns to the designated discretionary body or bodies which will issue coastal development permits.
(2) The designation of a chain of permit appeals, if any, within the local government.
(3) The point in the local review process at which a coastal development permit is deemed issued.
(f) Procedures for notification to the commission and any person who in writing has requested such information of any coastal development which has been issued and of any coastal development permit which has been denied.
(g) The content of the notice to the commission and other interested persons shall include, but not be limited to, 1) a copy of the permit application and any subsequent modifications thereto, 2) a summary of the action taken by the local government including written findings and 3) a verbatim copy of any conditions attached to the local government permit approval and of the findings made at the time of the approval. The executive director of the commission may modify the reporting requirements to eliminate technical matters that are not relevant to the requirements of the California Coastal Act of 1976.
(h) Provisions for specific language that will be set forth in each coastal development permit making the permit effective only upon the expiration of the 20 working days from the time of the receipt of the notice by the executive director of the commission unless a valid appeal is filed within that time pursuant to Public Resources Code, Section 30602(a).
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602, 30604, 30620, 30620.5 and 30625, Public Resources Code.
HISTORY

1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
2. Editorial correction of printing error in subsection (a) (Register 93, No. 32).
§13303. Alternative Procedures for Implementation of a Local Government Coastal Development Permit Program.
Note     •     History

Consistent with the requirements of Section 13302, a local government may incorporate the coastal development permit review into any existing local permit procedure which provides for reviewing public comment, the taking of evidence and the adoption of findings on all permits at a duly noticed public hearing or it may establish a separate coastal development permit application review procedure. A local government wishing to establish a local government coastal development permit program shall meet the requirements of the California Coastal Act of 1976 either by submitting its proposed program pursuant to Section 13304 or by adopting an ordinance prepared by the commission.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30600, Public Resources Code.
HISTORY

1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
§13304. Notice of Intent Alternative.
Note     •     History

At least 30 days prior to the final adoption of a coastal development permit program a local government shall file a notice of intent with the commission. The notice of intent shall state the intent of the local government to adopt a coastal development permit program. Within 10 working days of receiving a notice of intent, the executive director of the commission shall prepare and distribute to the commission, to the local government and to any person known or thought to be interested an analysis of the local government's coastal development permit program. The analysis shall specify any provisions or omissions in the program which in the opinion of the executive director cause such program to be inconsistent with the requirements of the California Coastal Act or of Section 13302. The report may include recommended modifications of the program to cure the legal defects. The executive director shall make every effort to consult with the local government and suggest modifications to the coastal development permit program in order to resolve any areas of disagreement between the local government and the executive director prior to the commission's next regularly scheduled meeting. After giving notice in the manner prescribed in Section 13059, the commission shall review the executive director's report at its next regularly scheduled meeting and shall, following a public hearing on the report, adopt a resolution setting forth modifications, if any, in the local government coastal development permit program that it determines to be necessary to make such program consistent with the requirements of the California Coastal Act and Section 13302.
Following 30 days after filing with the commission a notice of intent the local government may adopt a coastal development permit program for the entire area of its jurisdiction within the coastal zone. If a coastal development permit program is adopted, the local government shall by resolution pursuant to Public Resources Code, Section 30620.5(b) notify the commission and all contiguous local governments within the coastal zone and shall publish the resolution in the same manner as it would publish a notice of a proposed general plan amendment; provided, however, that such notice shall also be published in the newspaper with the widest circulation in the portion of the local government jurisdiction lying within the coastal zone. The notification to the commission shall include a specific statement as to whether or not any modifications determined by the commission to be necessary pursuant to this Section have been incorporated in the coastal development permit program.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30620 and 30620.5, Public Resources Code.
HISTORY

1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
§13305. Local Government Ordinance Alternative.
History

HISTORY

1. Repealer filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
§13306. Coastal Development Fees.
Note     •     History

Following certification of the local government's coastal development permit system, the local government may require fees from development applicants not exceeding those set forth in Section 13055 except for costs incurred above the fee schedule in complying with the requirements of these regulations and of the California Environmental Quality Act.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30620, Public Resources Code.
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. New NOTE filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
§13307. Map of Areas Where Coastal Commission Permit Is Required.
Note     •     History

Within 30 days of the receipt of a notice transmitted pursuant to Public Resources Code, Section 30620.5(b), the executive director of the commission shall publish a map of the coastal zone of the affected jurisdiction that delineates the areas where coastal commission permit applications will also be required pursuant to Public Resources Code, Section 30601(1) and (2).
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30601 and 30620.5, Public Resources Code.
HISTORY

1. New NOTE filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
Article 3. Local Government Issuance of a Coastal Development Permit
§13311. Issuance of a Coastal Development Permit.
Note     •     History

A coastal development permit shall be deemed issued (a) when final review has occurred, (b) when, if applicable, all local rights of appeal have been exhausted and (c) when findings have been made that the interpretive guidelines have been reviewed and that the proposed development conforms with the requirements of Public Resources Code, Section 30604(a) and with any applicable decision set by the commission pursuant to Public Resources, Section 30625(c). If the development is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone, the local government shall also make the specific findings required by Public Resources Code, Section 30604(c).
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30604, 30620.5 and 30625, Public Resources Code.
HISTORY

1. New NOTE filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
§13313. Finality of Local Action.
Note     •     History

The permit issued by the local government shall become final unless a valid appeal is filed with the commission of the notice specified in Public Resources Code 30620.5(c) or unless the permit application is subject to the requirements of Public Resources Code, Section 30601. Each local coastal development permit shall contain a statement that the permit shall not become effective until 20 working days have elapsed without an appeal to the commission following the proper receipt by the executive director of the commission of the notice of permit issuance pursuant to Section 13316. Permits subject to the requirements of Public Resources Code, Section 30601, shall also contain a statement that the permit shall not become effective until the requirements of Public Resources Code, Section 30601 have been fulfilled.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30601, 30602, 30620 and 30620.5, Public Resources Code.
HISTORY

1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
Article 4. Coastal Commission Review of Local Coastal Development Permit
§13315. Notice by Local Government.
Note     •     History

Within five (5) working days of the issuance of a permit in conformity with Section 13311 the local government shall provide notification of such issuance on a form prescribed by the commission to the office of the commission and any persons who in writing requested such notice. Unless the local government provides such notification to the commission, the permit issued by the local government shall be of no force and effect.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602 and 30620.5, Public Resources Code.
HISTORY

1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
§13316. Receipt by Executive Director.
Note     •     History

The executive director of the commission shall not be deemed to have received the notice of permit issuance from the local government unless the notice form is completed and the permit on its face includes the findings required by Section 13311 and the project description set forth in the application for which the permit has been issued. If the executive director determines that the notice cannot be received, it shall be returned to the local government within five (5) working days of its submission for completion and appropriate adjustment of the 20 working day effective period statement required by Section 13313. A properly completed notice shall be received by the executive director of the commission and stamped with the date of receipt.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602, 30604 and 30620.5, Public Resources Code.
HISTORY

1. Amendment filed 4-20-83; effective thirtieth da thereafter (Register 83, No. 17).
2. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§13317. Notice by Executive Director.
Note     •     History

(a) Within 5 working days of receipt of the notice of permit issuance, the executive director of the commission shall post a description of the development, on a form prescribed by the executive director of the commission, at a conspicuous location in the office of the commission.
(b) Within 7 working days of receipt of the notice of permit issuance, the executive director of the commission shall forward to all known interested persons, to the members of the commission, a description of the development, on a form prescribed by the executive director of the commission, in a manner reasonably calculated to allow time for review of the development and filing of appeals.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30620.5 and 30625, Public Resources Code.
HISTORY

1. Amendment filed 4-20-83; effective thirtieth da thereafter (Register 83, No. 17).
§13318. Filing of Appeal from the Issuance of a Coastal Development Permit.
Note     •     History

An appeal of a local government's issuance of a coastal development permit may be filed by any person qualified under Public Resources Code Section 30602. The appeal must contain substantially the information required by Section 13111, must be received in the commission office before or on the 20th working day after receipt of the notice of permit issuance by the executive director of the commission and must comply with the requirements of Section 13119.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602, 30604, 30620.5 and 30625, Public Resources Code.
HISTORY

1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
§13319. Filing of Appeal from the Denial of a Coastal Development Permit.
Note     •     History

Where a local government approves a development on the basis of local land use regulations but denies the issuance of a coastal development permit because it cannot make the findings required by Section 13311, the applicant may appeal such denial of the coastal development permit in the manner provided in Section 13318. In addition, such appeal shall be valid only if the local government approvals fulfill the preliminary local approval requirements of Sections 13052 or 13053. An appeal from a local government denial on the basis of local land use regulations shall not be valid.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30604 and 30625, Public Resources Code.
HISTORY

1. New NOTE filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
§13320. Effect of Appeal to the Commission.
Note     •     History

Upon receipt in the commission office of a timely valid appeal by a qualified appellant the executive director of the commission shall notify the permit applicant and the affected local government that the operation and effect of the coastal development permit has been stayed pending final action on the appeal by the commission as required by Section 30623 of the Public Resources Code. Within five (5) working days of the receipt of a notice of appeal from the commission, the affected local government shall deliver to the executive director of the commission all relevant documents and materials used by the local government in its consideration of the coastal development permit application.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602 and 30623, Public Resources Code.
HISTORY

1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
§13321. Commission Consideration of Appeal.
Note     •     History

Unless the commission finds that the appeal raises no substantial issue in accordance with the requirements of Public Resources Code Section 30625(b), and Section 13115(a) and (c) of these regulations, the commission shall conduct a de novo consideration of the application in accordance with the procedures set forth in Sections 13114 and 13057-13096 of these regulations.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30621 and 30625, Public Resources Code.
HISTORY

1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
2. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§13323. Appeal to Commission.
History

HISTORY

1. Repealer filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
§13325. Notification of Commission Action to Local Government.
Note     •     History

Following a final action by the commission on an appeal from a local government issuance of a development permit, the commission shall notify the local government of the action taken. Such notification shall ordinarily be transmitted within ten (10) working days of final action by the commission.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600 and 30602, Public Resources Code.
HISTORY

1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
§13327. Litigation Involving Local Government Coastal Permit.
History

HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Repealer filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
Subchapter 1.5. Permits Issued and Reviewed by Local Governments and the Commission Pursuant to Certified Land Use Plans
Article 1. Procedures for the Issuance of Administrative Permits by a Local Official
§13328. Scope of the Article.
Note     •     History

This article governs special procedures for processing applications for permits by a local government pursuant to the requirements of Public Resources Code Section 30624 where the coastal development permit authority has been delegated to a local government pursuant to Public Resources Code Section 30600.5. prior to the certification of its local coastal program. It shall apply to the issuance of administrative permits by an appropriate local official so designated by resolution of the governing body of a local government that has been delegated coastal development permit authority.
NOTE

Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
HISTORY

1. New Subchapter 1.5 (Articles 1-3, Sections 13328-13343) filed 4-29-82; effective thirtieth day thereafter (Register 82, No. 18).
§13328.1. Applicant's Statement.
Note

The local government shall provide the applicant with a permit application form that allows the applicant an opportunity to state that in his or her opinion the work applied for falls within the criteria established by Public Resources Code, Section 30624. The permit application form must contain:
(a) An adequate description including maps, plans, photographs, etc., of the proposed development, project site and vicinity sufficient to determine whether the project conforms to the provisions of Public Resources Code Section 30624 and complies with all relevant policies of the local government's certified land use plan portion of its local coastal program, including sufficient information concerning land and water areas in the vicinity of the site of the proposed project, (whether or not owned or controlled by the applicant) so that the local government will be adequately informed as to present uses and plans, both public and private, insofar as they can reasonably be ascertained for the vicinity surrounding the project site. The description of the development shall also include any feasible alternatives or any feasible mitigation measures available which would substantially lessen any significant adverse impact which the development may have on the environment. For purposes of this section the term “significant adverse impact on the environment” shall be defined as in Public Resources Code Section 21068 (California Environmental Quality Act) and Title 15 California Administrative Code Section 15002(g).
(b) A description and documentation of the applicant's legal interest in all the property upon which work would be performed, if the application were approved, e.g., ownership, leasehold, enforceable option authority to acquire the specific property by eminent domain.
(c) A dated signature by or on behalf of each of the applicants, attesting to the truth, completeness and accuracy of the contents of the application, and, if the signer of the application is not the applicant, written evidence that the signer is authorized to act as the applicant's representative and to bind the applicant in matters concerning the application.
(d) Any information by the local government or designated local official determines is necessary to adequately determine whether the development is consistent with the certified land use plan.
(e) The form shall also provide notice to applicants that failure to provide truthful and accurate information necessary to review the permit application or to provide public notice as required by these regulations may result in delay in processing the application or may constitute grounds for revocation of the permit.
NOTE

Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
§13328.2. Applications That May Qualify for an Administrative Permit.
Note

(a) The designated local official may process as an administrative permit an application for work that conforms to the criteria set forth in Public Resources Code Section 30624, if the proposed work is, in the opinion of the designated local official, de minimis with respect to the policies and objectives of the local government's certified land use plan portion of its local coastal program.
(b) If an application for an administrative permit is filed but the designated local official finds that the application does not meet the criteria of Public Resources Code Section 30624, he or she shall notify the applicant that a regular permit application is required pursuant to the provisions of Public Resources Code Section 30600.5.
(c) The designated local official shall not issue an administrative permit for any development that falls within the provisions of Public Resources Code Sections 30519(b) and 30601 which require that a coastal development permit application must be reviewed by the California Coastal Commission pursuant to the provisions of Public Resources Code Section 30600.5.
(d) Any application for a development deemed a principal permitted use within the meaning of PRC Section 30624, may be issued as an administrative permit under this Article only if the development is specifically categorized as the principal permitted use in the certified land use plan or applicable zoning ordinances unless specifically set forth in PRC Section 30624.
NOTE

Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
§13328.3. Copies of Application.
Note

An application asserted to be within the criteria established by Public Resources Code Section 30624 shall be furnished to the local government by the applicant initially in one (1) copy, together with one copy of whatever maps and drawings are reasonably required to describe the proposal. A reasonable number of additional copies may, at the discretion of the designated local official, be required.
NOTE

Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
§13328.4. Notice.
Note

At the time the application is submitted for filing, the applicant must post, at a conspicuous place on the site, notice that an application for a permit for the proposed development has been submitted to the local government. Such notice shall contain a general description of the nature of the proposed development and shall be in a form easily read by the public. The local government shall furnish the applicant with a standardized form to be used for such posting. If the applicant fails to so post the completed notice form and sign the declaration of posting, the designated local official shall refuse to file the application, or shall withdraw the application from filing if it has already been filed, when he or she learns of such failure.
The applicant shall provide any additional notice to the public that the designated local official deems necessary. The appropriate local official shall also notify any persons known to be interested in the proposed development.
NOTE

Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
§13328.5. Criteria and Content of Permits.
Note

(a) The designated local official may approve or modify an application for improvements or other development governed by this article on the same grounds that the local government may approve an ordinary application and may include reasonable terms and conditions required for the development to conform with the policies of the local government's certified land use plan portion of its local coastal program.
(b) Permits issued for such developments shall be governed by the standards used in approving coastal development permits pursuant to Public Resources Code Section 30600.5 and implementing procedures adopted thereto.
(c) A permit issued pursuant to Public Resources Code Section 30624 and this article shall contain a statement that it will not become effective until the governing body of the local government has had an opportunity to review the matter at its first scheduled meeting after that permit has been issued by the appropriate local official.
NOTE

Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
§13328.6. Refusal to Grant--Notice to Applicant.
Note

(a) If the designated local official determines not to grant an administrative permit based on a properly filed application under this article, the designated local official shall promptly mail written notice to this effect to the applicant with an explanation of the reasons for this determination.
(b) If the designated local official makes the determination specified under (a), the applicant may proceed to file an application for a regular permit pursuant to the provisions of Public Resources Code Section 30600.5.
NOTE

Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
§13328.7. Reports on Administrative Permits.
Note

The designated local official shall report in writing to the governing body of the local government at each meeting the permits that are approved under this article up until the time of the mailing for the meeting, with sufficient description of the work authorized to allow the governing body to understand the development proposed to be undertaken. Copies of this report shall be available at the meeting and shall have been mailed to the governing body and to all those persons who have in writing stated they wish to receive such notification at the time of the regular mailing for the meeting. Any such permits approved following the deadline for the mailing shall be included in the report for the next succeeding meeting. If 1/3 of the membership of the governing body of the local government so request, the issuance of an administrative permit governed by the Public Resources Code Section 30624 shall not become effective, but shall, if the applicant wishes to pursue the application, be treated as a permit application governed by Public Resources Code Section 30600.5.
NOTE

Authority cited: Sections 30333 and 30624. Reference: Sections 30600.5, and 30624, Public Resources Code.
§13328.8. Appeal of Administrative Permit.
Note

(a) Any person, the executive director of the California Coastal Commission, or any two members of the California Coastal Commission may appeal the decision to approve or deny an administrative permit to the commission. An administrative permit may not be issued until the expiration of the twenty (20) day appeal period. The twenty (20) working day period for appeal shall run from the date of the receipt of a notice of final local government action that contains sufficient information upon which to base an informed appeal.
(b) Processing of an appeal shall be governed by the provisions of Public Resources Code Section 30600.5 and California Administrative Code Sections 13330-13343, and shall be scheduled, heard and processed as priority items where time limits permit.
NOTE

Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30602, Public Resources Code.
§13328.9. Amendments to Administrative Permits.
Note

(a) Amendments to administrative permits may be approved by the designated local official upon the same criteria and subject to the same reporting requirements and procedures, including public notice and appeals, as provided for in this article in the original issuance of such administrative permits.
(b) If any amendment would, in the opinion of the appropriate local official, increase the cost of the proposed development to an amount that exceeds that specified in PRC Section 30624, the applicant shall thereafter be treated in the manner prescribed by the local governments implementing procedures adopted pursuant to PRC Section 30600.5 dealing with amendments to permits other than administrative permits.
NOTE

Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
Article 2. Emergency Permit Applications Processed by Local Officials
§13329. Definition of Emergency.
Note

“Emergency,” as used in Public Resources Code Section 30624, and in this article, means: a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
NOTE

Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
§13329.1. Applications.
Note

(a) Applications in case of emergency shall be made by letter to the appropriate local official designated by the local government or in person or by telephone, if time does not allow.
(b) The following information should be included in the request:
(1) Nature of the emergency;
(2) Cause of the emergency, insofar as this can be established;
(3) Location of the emergency;
(4) The remedial, protective, or preventive work required to deal with the emergency; and
(5) The circumstance during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action.
NOTE

Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
§13329.2. Verification of Emergency.
Note

The appropriate local official shall verify the facts, including the existence and the nature of the emergency, insofar as time allows.
NOTE

Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
§13329.3. Criteria for Granting Permit.
Note

(a) The designated local official shall provide public notice of the emergency work, with the extent and type of notice determined on the basis of the nature of emergency.
(b) The designated local official may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the local official finds that:
(1) An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits administered pursuant to the provisions of Public Resources Code, Section 30600.5 and the work can and will be completed within 30 days unless otherwise specified by the terms of the permit.
(2) Public comment on the proposed emergency action has been reviewed, if time allows; and
(3) The work proposed would be consistent with the requirements of the certified land use plan portion of the local government's local coastal program.
(c) The designated local official shall not issue an emergency permit for any work that falls within the provisions of Public Resources Code Sections 30519(b) and 30601 since a coastal development permit application must be reviewed by the California Coastal Commission pursuant to the provisions of Public Resources Code Section 30600.5.
NOTE

Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
§13329.4. Report to the Governing Body of the Local Government and to the Coastal Commission.
Note

(a) The designated local official shall report, in writing, to the commission and to the governing body of the local government, at its first scheduled meeting after the emergency permit has been issued, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing.
(b) The report of the designated local official shall be informational only; the decision to issue an emergency permit is solely at the discretion of the designated local official subject to the provisions of this article.
NOTE

Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
Article 3. Appeals to State Commission Prior to Certification of a Local Coastal Program
§13330. Scope.
Note

The procedures of this subchapter shall apply to appeals to the California Coastal Commission where the coastal development permit authority has been delegated to a local government prior to certification of its local coastal program pursuant to Public Resources Code Sections 30520, 30600.5 and 30624. The procedures shall not apply to coastal developments specified in PRC Sections 30519(b) and 30601 or with respect to any development proposed by any state agency where, pursuant to PRC Section 30600.5(b), direct application must be made to the commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30520, 30600.5 and 30624, Public Resources Code.
§13331. Notice of Final Local Action.
Note

Within five (5) working days of the approval or denial of a coastal development permit, or within five (5) working days of its failure to act within any specified time limits contained in PRC Sections 30621 and Government Code Sections 65950-65957.1, a local government shall notify the commission and any person requesting such notification in writing of the final local action.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5 and 30620.5, Public Resources Code.
§13332. Commission Procedures upon Receipt of Notice of Final Local Action.
Note

Within five (5) working days of receipt of notice of final local action, the executive director of the commission shall post a description of the coastal development permit action by the local government in a conspicuous location in the commission's district office having jurisdiction of the development. At the same time, the executive director shall mail notice of the local action to members of the commission. The twenty (20) working day appeal period shall be established from the date of receipt of a notice of final local government action that contains sufficient information upon which to base an informed appeal including project description, conditions of approval, written findings and the procedures for appeal. If the executive director determines that the notice is insufficient, he shall notify the local government within five (5) working days and a sufficient notice shall be resubmitted in order to begin the twenty (20) working day appeal period.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30602 and 30620.5, Public Resources Code.
§13333. Filing an Appeal.
Note

(a) Any final action by the local government may be appealed by any person, the executive director of the commission or any two (2) members of the commission. The appeal must contain the information contained in Section 13111(a).
(b) The appeal must be received in the appropriate district office on or before the twentieth (20th) working day after receipt of the notice of the final local government action.
(c) The appellant shall notify the applicant, any persons known to be interested in the application, and the local government of the filing of the appeal. Notification shall be by delivering a copy of the completed Notice of Appeal to the domicile(s), office(s), or mailing address(es) of said parties. In any event, such notification shall be by such means as may reasonably advise said parties of the pendency of the appeal. Unwarranted failure to perform such notification may be grounds for dismissal of the appeal by the commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5 and 30602, Public Resources Code.
§13334. Effect of Appeal.
Note

The effect of the receipt of an appeal to the commission shall be as specified in Section 13112.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
§13335. Grounds of Appeal.
Note

The grounds of any appeal filed pursuant to this subchapter shall be that the proposed development is not in conformity with the certified land use plan portion of the local coastal program.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
§13336. De Novo Review.
Note

Where the appellant has exhausted local appeals a de novo review of the project by the commission shall occur only after the local decision has become final.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
§13337. Substantial Issue Determination.
Note

(a) At the next practicable meeting following the filing of an appeal with the commission or as soon thereafter as practical, the executive director shall make a recommendation to the commission as to whether the local government action raises a substantial issue within the meaning of PRC Section 30600.5(b).
(b) Unless the commission finds that the appeal raises no substantial issue as to conformity with the certified land use plan, it shall consider the application de novo in accordance with the procedures set forth in Sections 13057-13096; except that the commission findings and final staff recommendation shall include a statement of facts and legal conclusions as to whether the proposed development conforms to the local government's certified land use plan.
(c) The commission may ask questions of the applicant, the appellant, any person who participated in the local government action, the Attorney General or the executive director prior to determining whether or not to hear an appeal. A majority vote of the members of the commission present shall be required to determine not to hear an appeal.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
§13338. Withdrawal of Appeal.
Note

Appeals may be withdrawn as provided for in Section 13116.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5, 30602 and 30620.5, Public Resources Code.
§13339. Remand to Local Government.
Note

At any time prior to the final vote of the commission on an appeal, the commission, after consulting the applicant, may order the application returned to the appropriate local government for further proceedings.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5, 30602 and 30620.5, Public Resources Code.
§13340. Qualifications to Testify Before Commission.
Note

Only the applicant, appellant, persons who participated in the application before the local government (or their representatives), and the local government, shall be qualified to testify at the commission hearing at any stage of the appeal process. All other persons may submit comments in writing to the commission or executive director, copies or summaries of which shall be provided to all commissioners pursuant to Sections 13060-13061.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5, 30602 and 30620.5, Public Resources Code.
§13341. Evidence.
Note

Evidence before the Commission shall be as provided for in Section 13118.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5, 30602 and 30620.5, Public Resources Code.
§13342. Standard of Review.
Note

The standard of review shall be whether the proposed development is in conformity with the certified land use plan portion of the local coastal program and PRC Section 30604(c).
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5 and 30604, Public Resources Code.
§13343. Commission Notification of Final Action.
Note

Within five (5) working days of a final commission action on an appeal from a local government decision, the commission shall transmit notice of the action taken to the local government, the applicant, the appellant and parties who testified or orally before or in writing to the commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5 and 30604, Public Resources Code.
Subchapter 2. Public Works Plans
Article 1. Scope and Applicability of Subchapter
§13350. Scope of Subchapter.
Note     •     History

This subchapter shall govern Commission review of plans for public works plans pursuant to Public Resources Code Sections 30515 and 30605 to 30607.1.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30515 and 30605, Public Resources Code.
HISTORY

1. New subchapter 2 (Articles 1-5, Sections 13350-13361) filed 6-5-79 as an emergency; effective upon filing (Register 79, No. 23). 
2. Certificate of Compliance filed 10-3-79 (Register 79, No. 40). 
3. Editorial correction of History Note No. 2 (Register 80, No. 1).
4. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13351. Applicability of Subchapter.
Note

This subchapter shall apply to plans for public works activity as defined in Public Resources Code Section 30114.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
Article 2. Application Requirements
§13352. Waiver of Preliminary Approvals.
Note

The executive director may waive the requirements of Section 13052 for preliminary approval by federal, state or local government agencies for plans submitted pursuant to this subchapter; provided however that any plan submitted pursuant to this subchapter shall contain the information required pursuant to Section 13353.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
§13353. Information Requirements.
Note     •     History

Any plan submitted pursuant to this subchapter shall contain sufficient information regarding the kind, size, intensity and location of development activity intended to be undertaken pursuant to the plan to determine consistency with the policies of Chapter 3 of the Coastal Act of 1976, including, but not limited to the following where applicable:
(1) the specific type of activity or activities proposed to be undertaken;
(2) the maximum and minimum intensity of activity or activities proposed to be undertaken (e.g., maximum number of recreational vehicle campsites, maximum treatment capacity for a sewage treatment plant, maximum traffic capacity of a road);
(3) maximum size of facilities proposed to be constructed pursuant to the plan (e.g., size of a treatment outfall, number of lanes of a road) and the proposed timetable for precise definition of all projects included in the plan and any phasing of development activity contemplated;
(4) the service area for the proposed activity or activities;
(5) the proposed method of financing the activity or activities including any direct or indirect means of obtaining or guaranteeing funds through the assessment or any other form of levy against lands located within the coastal zone and an estimate of the projected amount of revenues to be obtained from land or water areas located in the coastal zone over the useful life of the proposed development;
(6) the proposed location or alternative locations considered for any development activity or activities to be undertaken pursuant to the proposed plans. The executive director of the Commission may require the submission of any additional information the executive director deems necessary pursuant to the requirements of Public Resources Code Section 30605.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
HISTORY

1. Amendment filed 10-3-79 as an emergency; effective upon filing. Certificate of Compliance included (Register 79, No. 40).
2. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13353.5. Public Hearing Prior to Filing of Public Works Plan.
Note     •     History

Prior to the filing of a public works plan,the submitting agency or local government shall hold a public hearing at the local level on the proposed public works plan. The public hearing shall be held within a reasonable time prior to submission of the plan (as determined by the executive director) such that the public is afforded an adequate and timely comment period on the proposed plan. In determining the reasonableness of the time of the prior public hearing(s) the executive director shall consider the scope or size of the project, the progress of the originating agency toward obtaining all funding and governmental approvals, and the development of projects under the proposed plan. A steady progression of the originating agency toward development of the plan in this manner, after holding public hearings on the plan, shall constitute evidence of the reasonableness of the time of the prior public hearing.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
HISTORY

1. New section filed 10-3-79 as an emergency; effective upon filing. Certificate of Compliance included (Register 79, No. 40).
§13354. Filing of a Plan.
Note     •     History

The executive director of the Commission shall deem an application filed only at such time as the executive director determines that the information required pursuant to Section 13353 has been received at the appropriate Commission office and that all other requirements of law, and of these regulations, for a valid plan application have been met. Said review shall be completed within a reasonable time but unless there are unusual circumstances, no later than five (5) working days after the date it is received in the district office of the Commission during normal business hours of the said office. Immediately upon making such determination, the executive director shall affix the date of filing to the application file and so notify the applicant.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
2. Amendment filed 6-16-82; effective thirtieth day thereafter (Register 82, No. 25).
§13355. Environmental Information.
Note

(a) The executive director shall provide, make available to the public, or demonstrate that such information has been made available in accordance with these regulations, detailed environmental information on the plan sufficient to enable the Commission to determine the consistency of the plan with the policies of the Coastal Act.
(b) Where the executive director determines that it is not feasible to distribute environmental information due to the size or volume of the documents, or because of the costs of such distribution, the executive director shall provide notice to interested persons of the location of the environmental documents which are available for review, and a list of those documents.
(c) The environmental information shall be distributed or made available to the public prior to public hearing on the plan.
(d) The Commission shall provide the opportunity for public comment in response to the environmental information prior to the close of the public hearing on the plan.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
Article 3. Plan Review, Procedures and Findings
§13356. Procedures for Plan Review Prior to Certification of Local Coastal Program(s) in the Affected Area.
Note     •     History

(a) Except as provided below, for that portion or aspect of a plan submitted pursuant to this subchapter that affects a geographic area for which a local coastal program has not yet been certified by the Commission, all hearing requirements and procedures shall be the same as provided for the review of a long-range development plan as set forth in Sections 13518 to 13528.
(b) Approval of a public works plan by the Commission shall be accompanied by specific written findings that the proposed development is in conformity with the provisions of the California Coastal Act of 1976 and that required mitigation will be implemented prior to or concurrent with the development causing the impact including specific factual findings supporting the following legal conclusions:
(1) that the development is in conformity with Chapter 3 of the California Coastal Act of 1976 (commencing with Public Resources Code, Section 30200);
(2) that there are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available which would substantially lessen any significant adverse impact that the development as finally proposed may have on the environment.
(c) The executive director of the Commission shall set the plan filed for public hearing no later than the 60th day following the date on which the application was filed. All dates for public hearing shall be set with a view toward allowing adequate public dissemination of the information and toward allowing public participation and attendance at the hearing while affording the applicants expeditious consideration of the plan.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
2. Amendment of subsection (b) filed 6-16-82; effective thirtieth day thereafter (Register 82, No. 25).
§13357. Procedure for Plan Review Following Certification of a Local Coastal Program(s) in the Affected Area.
Note     •     History

(a) Plan does not require amendment to local coastal program.
(1) If, after certification of local coastal program, a proposed public works plan does not require an amendment to the local coastal program pursuant to Public Resources Code Section 30515, the person authorized to undertake the plan may submit the plan to the Commission for review and certification. The purpose of the Commission review of the plan shall be to define the scope of review of any subsequent project contained in the plan.
(2) The Commission review shall be undertaken only after consultation with the affected local government who may recommend modifications necessary for the proposed plan to adequately carry out the certified local coastal program.
(3) The notice and hearing requirements of Sections 13354-13356 shall also apply to any public works plan that affects directly a portion of the coastal zone for which a local coastal program has been certified by the Commission. In addition, at least ten (10) working days prior to the first public hearing on a proposed plan directly affecting such an area, the executive director of the Commission shall direct the Commission staff to consult with the affected local government with respect to the impact of the proposed plan on the coastal zone and on the certified local coastal program; the results of such consultation shall be reported to the Commission at the first public hearing on the proposed plan. At least five (5) working days prior to transmitting a written recommendation on the proposed plan to the Commission, the executive director shall request that the affected local government(s) transmit to the Commission its recommendations.
(4) Approval of a public works plan by the Commission shall be accompanied by specific factual findings supporting the conclusion that the public works plan, as approved, is in conformity with the certified local coastal program in jurisdictions affected by the proposed public works plan.
(5) Following Commission certification of a public works plan, any review of a specific project contained in the plan shall be to determine the conformity of the project with the certified public works plan, as provided in Sections 13358 and 13359.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30515 and 30605, Public Resources Code.
HISTORY

1. Amendment filed 10-3-79 as an emergency; effective upon filing. Certificate of Compliance included (Register 79, No. 40).
2. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
Article 4. Project Review
§13358. Coastal Development Permit Review Concurrent with Public Works Plan Review.
Note     •     History

(a) If a proposed project intended to be undertaken pursuant to a public works plan is submitted to the Commission for a development permit concurrent with the submittal of a public works plan, the Commission shall review the project and the plan concurrently, and shall, if the project meets the requirements of the Coastal Act, approve the project as an integral component of the public works plan. The Commission shall require conditions, where necessary, to bring the project into conformance with the Coastal Act.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13359. Specific Project Review Following Certification of Public Works Plan.
Note     •     History

The following requirements shall govern projects submitted after a public works plan is approved:
(a) If a proposed project intended to be undertaken pursuant to an approved public works plan is the subject of a coastal development permit application prior to the certification of a local coastal program, the legal entity responsible for the project shall submit the notice and information regarding the proposed development pursuant to the requirements of Public Resources Code Section 30606. Such notice shall be reviewed and deemed filed by the Executive Director of the Commission only if it complies with the provisions of Sections 13353 and 13354, and only if the Executive Director determines that the information supplied is sufficient to allow the Commission to determine whether the proposed project is consistent with the certified public works plan.
(b) The Commission shall, within thirty (30) working days of filing of such notice, by a majority of the members present with a quorum present determine whether the proposed development is consistent with the certified public works plan. If the Commission determines that the project is not consistent with the approved plan and that conditions may be required in accordance with the provisions of Public Resources Code Sections 30605-30607.1, in order to bring the project into conformance with the approved plan, the Commission shall vote on the proposed conditions at the next scheduled public hearing (generally no later than twenty-one (21) days after the close of the hearing that determined inconsistency with the approved public works plan.) The conditions imposed upon a project in accordance with the provisions of Public Resources Code Sections 30605-30607.1 shall be approved by a majority of the members present with a quorum present. If the Commission is unable to agree, by a majority of its members present, upon conditions, the project shall be deemed approved as proposed.
(c) The hearing procedures governing the Commission's determination of consistency and action on proposed conditions shall be the same as those set forth in Section 13356.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
2. Amendment of subsection (b) filed 6-16-82; effective thirtieth day thereafter (Register 82, No. 25).
Article 5. Project Review After Certification of Local Coastal Program
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
HISTORY

1. Amendment filed 10-3-79 as an emergency; effective upon filing. Certificate of Compliance included (Register 79, No. 40).
2. Repealer of Article 5 (Sections 13360 and 13361) filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
Article 6. Amendment of Public Works Plan
§13365. Application for Amendment to Public Works Plan.
Note     •     History

An application for an amendment to a certified public works plan shall be submitted to the executive director of the Commission and shall contain information which meets the requirements for submittal of public works plans in Sections 13353 and 13354.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
HISTORY

1. New Article 6 (Sections 13365-13371) filed 10-3-79 as an emergency; effective upon filing. Certificate of Compliance included (Register 79, No. 40).
§13366. Public Hearings Prior to Submission of Application for Amendment to Public Works Plan.
Note

Prior to the submission of an application for an amendment to a certified public works plan, the applicant shall demonstrate that a public hearing at the local level has been held on the proposed amendment within a reasonable time prior to submission of the amendment application to the Commission. The reasonableness of the time of the prior public hearing shall be measured by the same standards as applied in Section 13353.5.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
§13367. Rejection of an Application for Amendment.
Note

An application for an amendment to a public works plan shall be rejected if, in the opinion of the Executive Director of the Commission, the proposed public works plan amendment would lessen or avoid the intended effect, or any conditions, of a certified public works plan. The determination by the Executive Director to reject an amendment application shall be transmitted, in writing, to the applicant with an explanation of the reasons for such rejection.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
§13368. Acceptance of Application for Amendment--Minor Amendment.
Note

Where an application for an amendment to a public works plan is accepted, the Executive Director shall determine whether the proposed amendment is minor in nature. If the Executive Director determines that the proposed amendment is minor in nature, notice of such determination, including a summary of the procedures set forth in this Article shall be mailed to the Commission and to all parties the Executive Director knows or has reason to know may be interested in the amendment. If no written objection to the proposed amendment is received in the Commission office within fifteen (15) working days of published notice, the proposed amendment shall be deemed minor in nature, and shall be approved. The Executive Director shall notify the Commission of the approved minor amendment at the next regular meeting of the Commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
§13369. Acceptance of Application for Amendment--Regular Amendment.
Note

If the Executive Director determines that the proposed amendment is not minor, or if objection is made to the Executive Director's determination, or if the proposed amendment affects conditions required in the certified plan for purposes of protecting a coastal resource or coastal access consistent with the findings required in Section 13356, the amendment application shall be processed in accordance with Sections 13370 to 13371 below.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
§13370. Notice of Proposed Public Works Plan Amendment.
Note

The Executive Director shall notify the Commission, the applicant, any persons who participated in the Commission hearings for review of the public works plan, and any other persons known or thought to be interested in the proposed public works plan amendment of the acceptance of the amendment application. This notice shall be provided in the same manner and shall contain the same type of information as required for processing permit applications in Section 13057 and as required for the processing of public works plans in Section 13355.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
§13371. Procedure for Review of Public Works Plan Amendment.
Note

The hearing requirements and procedures for review of a public works plan amendment shall be the same as provided for the review of public works plans as provided in Section 13356, provided however, that where a public works plan amendment is submitted for a public works plan that was approved prior to the certification of a local coastal program, the following procedures shall apply:
(1) At least 10 working days prior to the first public hearing on a proposed plan amendment directly affecting a portion of the coastal zone for which a local coastal program has been certified by the Commission, the Executive Director of the Commission shall direct the Commission staff to consult with the affected local government with respect to the impact of the proposed plan amendment on the coastal zone and on the certified local coastal program; the results of such consultation shall be reported to the Commission at the first public hearing on the proposed amendment.
(2) At least five (5) working days prior to transmitting a written recommendation on the proposed plan amendment to the Commission, the Executive Director shall request that the affected local government(s) transmit to the Commission its determination as to whether the proposed plan amendment is in conformity with the certified local coastal program(s) in the jurisdiction(s) affected by the proposed plan amendment.
(3) The affected local government may, within its discretion, transmit its determination as to the conformity of the proposed plan amendment with the local coastal program, in writing to the Commission prior to the Commission's vote on the proposed plan amendment, and may include any recommended modifications of the proposed plan amendment that would conform it to the local coastal program; a local government may also indicate any proposed amendments to its local coastal program that would be necessary to accommodate the proposed public works plan amendment.
(4) Approval of a public works plan amendment by the Commission shall be accompanied by specific factual findings supporting the conclusion that the public works plan amendment, as approved, is in conformity with the certified local coastal program in jurisdictions affected by the proposed public works plan amendment.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
Chapter 8. Implementation Plans
Subchapter 2. Local Coastal Programs (LCPs) and State University or College Long Range Development Plans (LRDPs)
Article 1. Scope and Definitions
§13500. Scope.
Note     •     History

Pursuant to Public Resources Code Sections 30550, 30605 and 30606, this subchapter shall govern the submission, review, certification and amendment of local coastal programs (LCPs) and state university or college long range land use development plans (LRDPs) and the procedures for review of developments in accordance with such plans and programs.
NOTE

Authority cited: Sections 30333, 30501 and 30605, Public Resources Code. Reference: Sections 30605 and 30606, Public Resources Code.
HISTORY

1. Redesignation of Subchapter 2 (Sections 13600-13648, not consecutive) to Subchapter 6 (Sections 13600-13648, not consecutive) filed 6-21-78; effective thirtieth day thereafter (Register 78, No. 25).
2. New Subchapter 2 (Sections 13500-13546, not consecutive) filed 6-21-78; effective thirtieth day thereafter (Register 78, No. 25).
3. Repealer of Subchapter 2 (Articles 1-15, Sections 13500-13546, not consecutive) and new subchapter 2 (Articles 1-18, Sections 13500-13577, not consecutive) filed 6-4-82; effective thirtieth day thereafter (Register 82, No. 23).
. * The reorganization of Subchapter 2 is printed as a repealer and adoption for clarity.
§13502. Definitions.
Note

(a) “Governing Authority” means the Board of Regents of the University of California or the Board of Trustees of the California State University and Colleges or their designated representatives.
(b) “Long Range Development Plan” hereinafter referred to as “LRDP” means the relevant portions of the land use plans and policies for the physical development of campuses and educational facilities of the University of California or the California State University and Colleges, which are sufficiently detailed to indicate the kinds, location and intensity of land uses, the applicable resource protection and development policies and, where necessary, a listing of other implementing actions.
(c) “Educational Facility” means any real property owned or controlled by the University of California or the California State University and Colleges, and used or contemplated for use for educational, residential, recreational or research purposes related to the purposes of the University of California or the California State University and Colleges. This shall not include properties owned by the state university or college systems held for investment purposes only.
(d) “Local Coastal Program” hereinafter referred to as “LCP” means a local government's program as defined in Public Resources Code Section 30108.6.
NOTE

Authority cited: Sections 30333, 30501 and 30605, Public Resources Code. Reference: Sections 30500 and 30605, Public Resources Code.
Article 2. Issue Identification
§13503. Methodology for Identifying Issues.
Note

Pursuant to Public Resources Code Sections 30500(c) and 30501(a), an identification of coastal conservation and development issues shall be made as the first step in the preparation of an LCP or LRDP. For LCPs and LRDPs, the purpose of the “issue identification” is to: (1) determine the policies of the Coastal Act that apply in each jurisdiction; (2) determine the extent to which existing local plans are adequate to meet Coastal Act requirements; and (3) delineate any potential conflicts between existing plans and development proposals and the policies of the Coastal Act.
(a) Local government or the governing authority, in consultation with the Commission and with opportunity for full public participation, shall review the policies of Chapter 3 of the Coastal Act to determine which are applicable to the particular portion of the coastal zone under consideration. A review shall be made to determine the extent of analysis needed to address the applicable policies in the preparation of the LCP or LRDP. In addition, pursuant to Section 13513, identification shall be made with respect to uses, existing or anticipated, of more than local significance which must be addressed in the LRDP or LCP. Existing or potential conflicts shall be identified between the policies of Chapter 3 of the Coastal Act and (1) existing conditions in the coastal zone, (2) the kinds, location and intensity of development proposed by existing policies or development plans, and (3) major developments proposed by any port or harbor district, special district, state or federal agency or public utility that are made known to the local government. Where the local government or the governing authority proposes to revise substantially its current plans or regulations, this identification of conflicts should be based on a general assessment of areas needing revision rather than a detailed analysis of the current plans. Substantial existing or potential conflicts shall be set forth as coastal planning issues for specific geographic areas that are to be addressed in the LCP or LRDP.
(b) The local government or governing authority may use an alternative methodology for issue identification if the Commission reviews the alternative methodology and, after a public hearing, finds that it is adequate to address the policies of Chapter 3 of the Coastal Act of 1976, will insure the maximum degree of public participation and will insure consultation and coordination with the local coastal programs of contiguous local governments.
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30501 and 30605, Public Resources Code.
§13504. Commission Review of Issue Identification.
Note

(a) Except as may be modified by an alternative methodology approved pursuant to Section 13503(b), each local government or governing authority shall submit an issue identification to the Commission for review before formal submittal of the LCP or LRDP for review and certification.
(b) Any local government requesting funding assistance shall submit its issue identification as part of its work program proposal, and the Commission shall review it, together with the work program, as provided in Section 13505.
(c) The governing authority (and any local government that does not request funding assistance) shall transmit copies of its issue identification, including a statement regarding the manner in which the local government or governing authority intends to address coastal planning issues organized into an outline of major tasks to be performed, to interested persons and agencies and the Commission before beginning any substantial work on its LCP or LRDP but in no event less than seventy-five (75) days prior to the submission of its LCP or LRDP to the city council, board of supervisors, or Board of Regents or the Board of Trustees for preparation of the resolution for submittal pursuant to Public Resources Code Section 30510(a). The Commission shall hold at least one public hearing on the issue identification. The Commission public hearing shall take place within sixty(60) days of the receipt of the issue identification. The Commission, after public hearing, shall transmit its Commission comments to the local government or governing authority, interested persons and public agencies.
(d) A local government or governing authority that intends to submit existing plans as all or a portion of the LCP or LRDP shall submit the issue identification together with such existing plans and a discussion of the manner in which such plans meet the requirements of the Coastal Act of 1976; this may be combined with a submittal for preliminary review pursuant to Section 13517.
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30501 and 30605, Public Resources Code.
§13505. LCP Work Programs for State or Federal Funding.
Note

In addition to any requirements of the appropriate state and federal agencies, any grant of state or federal funding available to the Commission for disbursement to local governments for the preparation of local coastal programs shall be based on either an initial application or a work program approved by the Commission.
(a) An initial application may be made for purposes of obtaining funding for the preparation of a work program. The initial application shall describe the tasks and costs to be incurred by the local government for the development of the total work program for the preparation of the local coastal program. Such an initial application may be approved by the Commission, after public hearing, authorizing a grant to cover the minimum costs of developing the total work program.
(b) A total work program must be submitted by any local government seeking state or federal funding from the Commission for the preparation of the local coastal program.
The total work program shall include:
(1) an identification of coastal planning issues, pursuant to Section 13503;
(2) an outline of the methodology proposed to address the planning issues, pursuant to Section 13511;
(3) a description of the major tasks required to bring local plans, zoning, and, if required, other implementing actions into conformity with the Coastal Act policies and to assemble sufficient information for a thorough and complete review of such plans;
(4) the methods proposed for involving the public and affected agencies and districts in the LCP preparation;
(5) a time line indicating approximate dates of completion for major work items, and the schedule proposed for submitting local coastal program documents to the Commission; and 
(6) an estimated budget for the local coastal program work items. If the total work program is phased over several years, the Commission may approve it in phases. The total work program may propose completion of the land use plan stage only, with a subsequent work program for zoning tasks.
(c) A proposed total work program and any annual increment thereof shall be submitted by the local government to the Commission. The Commission shall hold a public hearing, combined with any such hearing on the issue identification pursuant to Section 13504, and shall transmit any recommendation to the local government. Unless there are unusual circumstances, the Commission hearing and action on the work program shall take place within 75 days of the work program submittal by the local government.
The Commission may, prior to Commission hearings and action on the total work program, authorize a portion of the work program on an emergency basis if it finds that:
(1) such interim authorization is necessary to maintain on-going LCP staff or to expedite work on the LCP;
(2) the tasks identified are essential, non-controversial aspects of the total work program; and
(3) the amount of money authorized is the minimum needed during the interim period (not to exceed three (3) months) and is commensurate with the relative importance and complexity of the issues being addressed.
(d) The Commission shall approve the work program and authorize the grant for disbursement of state or federal funds to the local government where it finds, after public hearing, that: (1) the scope of tasks outlined appears to address adequately the policies of Chapter 3 of the Coastal Act, including uses of more than local importance and potential cumulative impacts or conflicts with other jurisdictions; (2) the costs of undertaking such tasks are reasonably related to the amount of work needed to resolve coastal planning issues; (3) tasks to be contracted for under such grants are not already required under other statutes or more appropriately undertaken by other agencies; and (4) the work program includes measures for involving the public and other agencies adequate to comply with the Coastal Act and with the requirements of the funding authority. If any issues not included in the work program are later determined to require further analysis as part of the local coastal program preparation, the work program shall be renegotiated to include the additional items and any additional funding assistance that may be required.
(e) Where a local government has requested the Commission to prepare a local coastal program pursuant to Public Resources Code Section 30500(a), the Commission staff, after consultation with the local government, shall prepare a work program and submit it for review and approval in accordance with the provisions of this Article.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Sections 30340, 30340.5 and 30340.6, Public Resources Code.
Article 3. (Reserved)
Article 4. Methodology
§13506. Preparation of Local Coastal Program for Separate Geographic Units.
Note     •     History

Pursuant to the requirements of Public Resources Code Section 30511(c), a local government wishing to submit its local coastal program in separate geographic units consisting of less than the local government's jurisdiction lying within the coastal zone shall first file a request with the Commission that it be permitted to do so. Such a request may be made concurrent with the issue identification pursuant to Section 13504(c), the work program pursuant to Section 13505, or the preliminary review pursuant to Section 13517. The request shall contain information of sufficient detail to enable the executive director to adequately analyze the request and make a recommendation. As soon as practicable after such a request, the executive director shall recommend in writing whether the request is consistent with the findings required by Public Resources Code Section 30511(c). If the Commission determines by a majority vote of members present, with a quorum being present, that the request is consistent with Public Resources Code Section 30511(c), the executive director shall notify the local government and shall make any necessary change in the overall local coastal program review schedule.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30511, Public Resources Code.
HISTORY

1. New section filed 7-23-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 30).
§13507. Commission Preparation of a Local Coastal Program.
Note     •     History

Any local government requesting that the Commission prepare a local coastal program or a portion thereof shall do so by appropriate resolution of the city council or board of supervisors. Upon completion of the proposed local coastal program documents in accordance with the public participation requirements of Section 13515, the executive director shall submit the proposal to the local government for review pursuant to Public Resources Code Sections 30503, 30504, 30510(a), 30512, 30513, and 30519.5(b).
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30500, Public Resources Code.
HISTORY

1. New section filed 7-23-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 30).
§13510. Separate or Combined Long Range Development Plan.
Note

A governing authority may prepare and submit for Commission review a long range development plan for any educational facility within the coastal zone. The governing authority may prepare a separate LRDP for each educational facility. However, if the Commission finds that a combined LRDP for several educational facilities would unduly hinder public participation in the preparation or review of such combined LRDP, it shall direct the governing authority to prepare and submit a separate LRDP for each educational facility.
NOTE

Authority and reference cited: Section 30605, Public Resources Code.
§13511. Common Methodology.
Note

Where an LCP or LRDP is to be submitted pursuant to this subchapter, the local government or governing authority shall include the following in the scope of the LCP or LRDP pursuant to Public Resources Code Section 30501(a):
(a) The policies of Chapter 3 of the California Coastal Act of 1976 concerning specific coastal resources, hazard areas, coastal access concerns, and use priorities, including consideration of public access and recommended uses of more than local importance and relating to the area governed by the LCP or LRDP, shall be applied to determine the kind, location and intensity of land and water uses that would be in conformity with the policies of the Act. This determination shall include an analysis of the potential significant adverse cumulative impacts on coastal resources and access of existing and potentially allowable development proposed in the LCP or LRDP.
(b) With regard to LRDPs, the level and pattern of development selected by the governing authority shall be reflected in a long range land use development plan. The LRDP shall include measures necessary to achieve conformity with the policies of Chapter 3 of the California Coastal Act of 1976. Any plan submitted pursuant to this subchapter shall contain sufficient information regarding the kind, size, intensity and location of development activity intended to be undertaken pursuant to the plan to determine conformity with the policies of Chapter 3 of the Coastal Act. Such information shall include, but is not limited to the following: (1) the specific type of development activity or activities proposed to be undertaken; (2) the maximum and minimum intensity of such activity or activities (e.g., number of residents, capacity and service area of public works facility, etc.); (3) the proposed and alternative locations considered by any development activities to be undertaken pursuant to the LRDP; (4) a capital improvement program or other scheduling or implementing devices that govern the implementation of the LRDP; and (5) other information deemed necessary by the executive director of the Commission.
(c) With regard to LCPs, the level and pattern of development selected by the local government shall be reflected in a land use plan, zoning ordinances and zoning district maps. The local coastal program shall include measures necessary to achieve conformity with the policies of Chapter 3 of the California Coastal Act of 1976; such measures shall be based on the authority inherent in the reasonable exercise of police power, and specifically to the authority provided in the California Coastal Act of 1976 to control or prevent uses harmful to the coastal resources of the state.
(1) The land use plan component of a local coastal program shall incorporate a statement of applicable development and resource protection policies in the substantive text or geographic provisions of the general plan, including as may be appropriate in each jurisdiction the mandatory or optional elements of a general plan as provided in Government Code Sections 65301-65303 and 65560-65567, that are capable of carrying out the policies of Chapter 3 of the California Coastal Act of 1976.
(2) The zoning ordinances and zoning district map shall conform with and be adequate to carry out the policies, objectives, principles, standards and plan proposals set forth in the land use plan. The scope of measures contained in the zoning ordinance and/or district maps shall extend to the authority granted by the planning laws of California, including Government Code Sections 65850-65862 and 65910-65912. Where applicable and necessary to carry out the policies and provisions of an approved land use plan, these measures may include: exclusive use zones, overlay zones, conditionally permitted uses based on certain findings, sign and/or design controls, landscaping and grading regulations, hazard or geologic review requirements, open space and lot coverage standards, minimum lot sizes (including minimum acreages for agricultural and timberland conversion), density and timing of development standards based on public service capacities and recreational use needs, and any other similar ordinances within the scope of zoning measures.
(d) Where the application of the policies of Chapter 3 of the Coastal Act of 1976 requires limits or conditions as to the amount, timing, or location of public works facilities which are owned or operated by the local government or governing authority, an analysis shall be made to determine:
(1) existing and proposed capacities of such relevant public works systems;
(2) key decision points for stages of facility expansion; and
(3) what portion of public works facilities capacity is allocated to new development within the area and what portion is reserved for the priority uses as required by Public Resources Code Section 30254. A similar analysis and allocation shall be made of public recreational facilities to comply with Public Resources Code Section 30252(6).
(e) If the level and pattern of development recommended for the LCP or LRDP require the phasing of public service or recreational facilities which are owned or operated by the local government or governing authority in order to be consistent with the requirements of the California Coastal Act of 1976, the proposed measures for implementing public service and recreational facilities shall be specifically identified.
(f) A procedure shall be developed to insure adequate notice to interested persons and agencies of impending developments proposed after certification of the LCP or LRDP. For LRDPs, the procedures shall at a minimum conform to Section 13549.
(g) With regard to LRDPs, the governing authority may propose in the LRDP those categories of development for which no coastal development permit is required pursuant to Public Resources Code Section 30610, and those categories of development within specifically defined geographic areas for which there is no potential for adverse effects, either individually or cumulatively, on coastal resources or on public access to or along the coast. After certification of the LRDP, categories of development defined pursuant to this subsection will not be subject to the procedures specified in Sections 13549 and 13550 requiring notice of the impending development and allowing Commission review of such proposed development projects.
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Section 30501, Public Resources Code; and Section 65944, Government Code.
§13512. Public Access Component.
Note

The public access component of the LCP or LRDP may be set forth in a separate plan element or it may be comprised of various plan components that are joined together in a text accompanying the submission of the LCP or LRDP. The public access component shall set forth in detail the kinds and intensity of uses, the reservation of public service capacities for recreation purposes where required pursuant to Public Resources Code Section 30254, and, if applicable, specific geographic areas proposed for direct physical access to coastal water areas as required by Public Resources Code Sections 30210-30224 and 30604(c). The public access component shall include an implementation schedule.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30500, Public Resources Code.
§13513. Uses of More Than Local Importance.
Note

(a) General categories of uses of more than local importance that shall be considered in the preparation of LCPs and LRDPs include but are not limited to:
(1) state and federal parks and recreation areas and other recreational facilities of regional or statewide significance; 
(2) military and national defense installations;
(3) major energy facilities;
(4) state and federal highways and other transportation facilities (e.g., railroads and airports) or public works facilities (e.g., water supply or sewer systems) serving larger-than-local needs;
(5) general cargo ports and commercial fishing facilities; and
(6) uses of larger-than-local importance, such as coastal agriculture, fisheries, wildlife habitats, or uses that maximize public access to the coast, such as accessways, visitor-serving developments, as generally referenced in the findings, declarations, and policies of the California Coastal Act of 1976.
(b) To the extent possible the Commission shall make recommendations as to specific uses of more than local importance as part of its review of the issue identification. Provisions for local government consideration of such uses shall be included in LCP work programs, pursuant to Section 13505. From time to time the Commission, or the executive director of the Commission pursuant to Commission authorization, may make additional recommendations for specific uses to be considered for particular geographic segments or educational facilities that were not anticipated earlier. Where necessary, LCP work programs shall be re-negotiated to include the additional items and any additional funding assistance that may be required.
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30501 and 30350, Public Resources Code.
§13514. Alternative Methodology.
Note

Any local government or governing authority proposing to use an alternative methodology shall submit its proposal to the Commission along with a statement explaining how and why the alternative differs from the above methodology. The alternative methodology shall be submitted to the Commission for review not later than the time of the issue identification review pursuant to Section 13504. Within a reasonable period of closing the public hearing on the alternative methodology, the Commission shall determine whether the alternative methodology addresses the policy requirements of Chapter 3 of the California Coastal Act of 1976 and should therefore be approved for use pursuant to Public Resources Code Section 30501(a). 
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Section 30501, Public Resources Code.
Article 5. Public Participation
§13515. Public Participation and Agency Coordination Procedures.
Note

Each local government and governing authority shall meet the requirements of Public Resources Code, Sections 30503 and 30504 by establishing procedures providing maximum opportunities for the participation of the public and all affected governmental agencies in the preparation of the LCP or LRDP.
(a) At a minimum, all notices for public review sessions, availability of review drafts, studies, or other relevant documents or actions pertaining to the preparation of the LCP or LRDP shall be mailed to:
(1) any member of the public who has so requested;
(2) each local government contiguous with the area that is the subject of the LCP or LRDP;
(3) local governments, special districts, or port or harbor districts that could be directly affected by or whose development plans should be considered in the LRDP;
(4) all of the state and federal agencies listed in Appendix A of the Local Coastal Program Manual;
(5) local libraries and media; and
(6) other regional or federal agencies that may have an interest in or be affected by the LCP.
Any reference in this subchapter to “interested parties” or “public agency” shall include the aforementioned persons or groups.
(b) Proposed LCP and LRDP documents including review drafts shall be made available at no cost to relevant state agencies and to other interested persons and agencies upon request;
For LCPs, the cost of duplicating and transmitting such materials shall be reimbursed under the public participation provisions of the work program. To the extent that request for materials exceed funding, materials shall be made available at cost.
(c) Notice of the availability of review drafts of LCP or LRDP materials and transmittal of said documents pursuant to paragraphs (a) and (b) shall be made as soon as such drafts are available, but at a minimum at least six (6) weeks prior to any final action on the documents by the local government or governing authority. Review drafts shall also be made readily available for public perusal in local libraries, in the administrative offices of the local government or educational facility and at the Commission offices.
(d) Notice of the local government's or governing authority's hearings on LCP or LRDP documents shall be given general publication and shall be transmitted to all interested persons and public agencies not less than ten (10) working days before the hearing. The hearing required by Public Resources Code Section 30510(a) should be set for a time certain. Where the local government or governing authority determines that it is legal, practical, and would increase public participation, the hearing should be held in the coastal zone or in a place easily accessible to residents of the coastal zone.
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Section 30503, Public Resources Code.
Article 6. Preliminary Review of LCPs and LRDPs
§13516. Staff Review During Preparation.
Note

During the preparation of the LCP or LRDP, the local government or governing authority shall to the extent possible coordinate with and be assisted by Commission staff in resolving issues as to conformity and sufficiency in meeting the requirements of the California Coastal Act of 1976. The executive director of the Commission may from time to time give non-binding informational opinions on such issues, based on staff interpretations of the Coastal Act and decisions of the Commission pursuant to Public Resources Code Section 30625(c).
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30001.5 and 36500, Public Resources Code.
§13517. Preliminary Review by the Commission.
Note

(a) In addition to any Commission review of the issue identification, the governing authority preparing the LCP or LRDP shall be entitled to at least one preliminary review by the Commission prior to formal submittal. Where a local government has been authorized to prepare an LCP in separate geographic units, pursuant to Section 13507, each geographic portion is entitled to at least one such preliminary review. Additional review may be granted if the Commission determines that the review is required to clarify a major issue preventing progress on the LCP or LRDP for which prior decisions or interpretations of Coastal Act policies do not offer sufficient guidance and that the review will not interfere with the processing of other LCPs or LRDPs.
(b) If a local government or governing authority intends to submit existing plans or regulations as all or a portion of the LCP or LRDP, it may submit such existing plans for this preliminary review together with a discussion of the manner in which existing plans or regulations meet the requirements of Sections 13510-13514 and of Chapter 3 of the California Coastal Act of 1976. This review may be combined with the issue identification review, as set forth in Section 13504(c).
(c) Any preliminary review of a proposed LCP or LRDP by the Commission shall be scheduled at the convenience of the Commission, at times that will not interfere with the processing of other matters but shall, where practicable, be held within a reasonable distance of the affected area. The review shall be subject to public hearing, noticed to interested persons and agencies at least ten (10) days prior to the hearing and conducted in the same manner as for the land use plan, pursuant to Section 13526. Individual members of the Commission may ask questions and make statements but no vote shall be taken. However, in order to provide general direction on coastal issues raised in the preliminary review, the chairperson may, after consulting members of the Commission, summarize the views of the Commission.
(d) Any such Commission advisory review is intended to assist the local government or governing authority in preparing the LCP or LRDP but shall be advisory only and shall not constitute a final decision by the Commission as to the conformity of the LCP or LRDP with Coastal Act policies.
(e) Where the Commission is to prepare a local coastal program pursuant to Public Resources Code Section 30500(a) or Section 30517.5(b)(2), the Commission staff, after consultation with the local government, may submit the proposed local coastal program for preliminary review prior to formal submittal. The preliminary review shall be in accordance with Section 13517.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30501, Public Resources Code.
Article 7. Submission of LCPs and LRDPs
§13518. Resolution for Submittal.
Note

(a) The LCP or LRDP shall be accepted for filing by the Commission only if it is submitted pursuant to a resolution adopted by the local government or Board of Regents or the Board of Trustees in accordance with the provisions of Public Resources Code Section 30510(a).
If an LCP is submitted in two phases or for separate geographic units, a resolution shall be required for each phase or separate geographic unit.
(b) A local government or governing authority may submit its proposed LCP or LRDP either:
(1) as a program that will take effect automatically upon coastal Commission approval pursuant to Public Resources Code Sections 30512, 30513, and 30519 for LCPs, or Public Resources Code Section 30605 for LRDPs or
(2) as a program that will require formal local government or governing authority adoption after commission approval. Under either of the alternative procedures, the requirements of Section 13544 must be fulfilled following Commission approval of the LCP or LRDP.
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Section 30510, Public Resources Code.
§13519. Contents of Submittal.
Note

Pursuant to Public Resources Code 30510(b), the LCP or LRDP submittal shall include:
(a) A summary of the measures taken to consult and coordinate with contiguous local governments and to provide other affected agencies and districts and the public maximum opportunity to participate in the LCP or LCP process, pursuant to Public Resources Code Section 30503; a listing of members of the public, organizations, and agencies appearing at any hearings or contacted for comment on the LCP or LRDP; and copies or summaries of significant comments received and of the local government's or governing authority's response to the comments. For LRDPs, these materials may be set forth in a final EIR as provided in Section 13559.
(b) All policies, plans, standards, objectives, diagrams, drawings, maps, photographs, and supplementary data in accordance with guidelines established by the Commission, that are in sufficient detail to allow review for conformity with the requirements of the California Coastal Act of 1976. Written documents should be readily reproducible. The land use plan or LRDP shall include a readily identifiable public access component as set forth in Section 13512. Land use maps shall be at a scale sufficiently detailed to show clearly the land use designations applicable to specific areas of the coastal zone and shall to the extent possible be correlated with and at a comparable scale to resource information and other mapped data.
(c) A methodology that meets the requirements of Section 13511 or an alternative methodology approved by the Commission pursuant to Section 13514, and (for LCPs) that demonstrates conformity with the requirements of Chapter 6 of the California Coastal Act of 1976.
(d) Any environmental review documents prepared for all or any portion of the LCP or LRDP pursuant to CEQA. As provided in Section 13559, environmental review documents may be integrated into the LRDP materials.
(e) For LCPs, a general indication of the zoning measures that will be used to carry out the land use plan (unless submitted at the same time as the land use plan).
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30503 and 30510, Public Resources Code.
§13520. Review of Filing.
Note

The LCP or LRDP together with all necessary attachments and exhibits shall be deemed “submitted” after having been received and found by the executive director of the Commission to be in proper order and legally adequate to comply with the requirements of Public Resources Code Section 30510(b). Said review shall be completed within a reasonable time, but unless there are unusual circumstances, no later than ten (10) working days after the date it is received in the Commission office during normal working hours. The executive director shall cause a date of receipt stamp to be affixed to all LCP or LRDP submissions on the day they are so received and assign a date of submittal on the day they are found to be properly submitted. If the executive director determines that the materials received are not sufficient to satisfy the requirements of Public Resources Code Section 30510(b), the executive director shall transmit to the governing authority specific written comments regarding the inadequacy of the submission within the aforementioned 10 working days. Any disagreement between the executive director and the local government or governing authority as to information requirements may be resolved by the Commission. If the LCP or LRDP is found to be properly submitted, the executive director shall immediately notify the local government or governing authority and all persons known or thought to be interested in it. Notice to interested persons may be part of regular meeting notices.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30510, Public Resources Code.
Article 9. General Review Procedures for LCPs and LRDPs
§13522. Hearing Schedule.
Note

A public hearing on the LCP or LRDP shall be held by the Commission not later than sixty (60) days following the day on which the LCP or LRDP was properly submitted. All dates for public hearing shall be set with a view toward allowing thorough public dissemination of the information contained in the LCP or LRDP prior to the time of the hearing, and toward allowing full public participation and attendance at the meeting. If a land use plan and implementing actions are combined in a total LCP, then the deadline for commission action on the land use plan phase shall apply to commission review of the total LCP.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Sections 30500 and 30511, Public Resources Code.
§13523. Summary of the LCP or LRDP.
Note

(a) The executive director shall prepare a summary of the LCP or LRDP including any relevant attachments and exhibits. The summary shall be brief and shall fairly present the essential features of the plan with a reasonable degree of specificity. The summary shall be adequately illustrated with maps or drawings. The summary shall also be accompanied by an analysis of:
(1) questions of fact;
(2) the applicable policies of the California Coastal Act of 1976 as they apply to the geographic area of the coastal zone included within or affected by the LCP or LRDP;
(3) prior decisions by the Commission related to permit or planning questions;
(4) important policy issues raised by the LCP or LRDP;
(5) public comments received on the LCP or LRDP;
(6) comments received from governmental agencies, including comments submitted by the State Lands Commission pursuant to Public Resources Code Section 30416(a);
(7) significant environmental points raised during LCP or LRDP preparation; and
(8) other relevant matters.
The staff comments shall be clearly labeled to distinguish them from the description of the proposed LCP or LRDP itself. The executive director shall also include in the summary any description or analysis of the LCP or LRDP that the submitting local government or governing authority requests be included in the summary, provided, however, that such description or analysis shall be readily reproducible at a reasonable cost.
(b) Copies of LCP or LRDP related documents, not including reports on the LCP or LRDP prepared by staff, shall be available to any interested party at the cost of 1 cent per page and at no cost to local governments and state agencies. There shall be no charge to any interested party, local governments or state agencies for staff reports.
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code; and Section 11125.1, Government Code. Reference: Sections 30512 and 30513, Public Resources Code.
§13524. Written Notice.
Note     •     History

The executive director shall, prior to the public hearing, provide written notice of the public hearing which shall consist of the following:
(a) a brief description of the proposed LCP or LRDP;
(b) the date, time and place at which the LCP or LRDP will be heard by the Commission;
(c) the general procedure of the Commission concerning hearings and actions on the LCP or LRDP; and
(d) staff summary prepared in accordance with Section 13523.
In order to assure adequate notification, the notice shall be distributed by mail to all members of the Commission, to the local government or governing authority, to all affected cities and counties, and to all other agencies, individuals and organizations who have so requested or who are known by the executive director to have a particular interest in the LCP or LRDP, within a reasonable time but in no event less than 10 calendar days prior to the scheduled public hearing.
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30512 and 30513, Public Resources Code; and Section 11125, Government Code.
HISTORY

1. Amendment of subsection (d) filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§13525. Distribution of Public Comments.
Note

The executive director shall reproduce and distribute to all members of the Commission and to the affected local government or governing authority the text or summary of all relevant communications concerning the LCP or LRDP that are received in the Commission office prior to the Commission's public hearing and thereafter at any time prior to the vote. When a sizable number of similar communications is received, the texts need not be reproduced but the Commission shall be informed of the substance of the communications; such communications shall be made available at the appropriate Commission office for inspection by any persons during normal working hours.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 21080.5, Public Resources Code.
§13526. Conduct of Initial Hearing.
Note

At the time of the initial hearing on the LCP or LRDP, the executive director of the Commission shall make a brief oral presentation to the Commission. Immediately following the presentation of the executive director, a representative or representatives of the local government or governing authority may make a presentation of the major features of the LCP or LRDP to the Commission. Upon the conclusion of the local government's or governing authority's presentation, interested members of the public and agencies may comment on the proposed LCP or LRDP. The chairperson of the Commission may establish predetermined time limits for all presentations and shall notify all interested parties of such time limits in advance of the hearing, provided that the local government or governing authority shall be allotted at least the same amount of time as the staff presentation.
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30512 and 30513, Public Resources Code.
Article 10. Review of Land Use Plans: Determination of Substantial Issue
§13528. Staff Recommendation on Substantial Issue.
Note

The LCP summary required pursuant to Section 13523 may be accompanied by the executive director's recommendation as to whether or not specific provisions of the land use plan (or a portion thereof applicable to identifiable geographic areas) raise a substantial issue as to conformity with the policies of Chapter 3 of the California Coastal Act of 1976, pursuant to Public Resources Code, Section 30512(a)(1). The recommendation shall include specific written findings including a statement of fact and legal conclusions and responses to significant environmental points raised. A recommendation on substantial issue may be accompanied by recommended action for certification pursuant to Sections 13530 through 13540.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Sections 21080.5 and 30512, Public Resources Code.
§13529. Determination of Substantial Issues.
Note

(a) Not more than 60 days after the land use plan was properly submitted to the Commission, following the close of a public hearing conducted pursuant to the requirements of Section 13526, the Commission shall make a determination on substantial issue as provided in Public Resources Code Section 30512(a)(1).
(b) A majority of Commission members present shall be required to find no substantial issue is raised by a Land Use Plan that has been submitted for Commission review pursuant to Public Resources Code Section 30512(a). The motion shall be on the question of whether the Land Use Plan (or portions thereof) raises no substantial issue.
(c) If the Commission determines that the land use plan raises no substantial issue, it shall adopt findings for land use plan certification pursuant to Section 13540(a). A majority of the members prevailing on the motion shall be required to adopt the findings. The executive director shall transmit the findings to the local government within ten (10) days of adoption.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30512, Public Resources Code.
Article 11. Commission Action on Land Use Plans and LRDPs
§13530. Additional Hearing on Land Use Plans.
Note

Unless the Commission finds no substantial issue is raised by the land use plan, it shall conduct a public hearing on he specific provisions of the land use plan that it has determined raise a substantial issue as to conformity with the policies of Chapter 3 of the California Coastal Act of 1976. The hearing may be conducted at the same meeting at which substantial issue is determined or at a later meeting. Notice and hearing procedures shall be the same as those set forth in Article 9. Final action shall be within ninety (90) days after submittal of land use plan, pursuant to Public Resources Code Section 30512.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30512, Public Resources Code.
§13531. Staff Analysis.
Note

(a) If the vote on the land use plan or LRDP is scheduled for a later meeting than the hearing at which oral testimony is received, the executive director shall promptly perform whatever inquiries, investigations, research conferences, and discussions are required to resolve issues presented by the land use plan or LRDP and to enable preparation of a staff recommendation for the vote. If further information is taken or received by the executive director, it shall be made available in the administrative record of the submittal at the Commission's office and all affected parties shall be given a reasonable opportunity to respond prior to the deadline for the preparation and mailing of the staff recommendation.
(b) The executive director may request of the local government or governing authority any additional information necessary o perform the tasks set forth in subsection (a), and may report to the Commission any failure to comply with such request, including the relationship of the requested information to the findings required by the California Coastal Act of 1976.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30512, Public Resources Code; and Section 65944, Government Code.
§13532. Staff Recommendation.
Note

The executive director shall prepare a staff recommendation which shall set forth specific findings, including a statement of facts and legal conclusions as to whether or not the proposed land use plan or LRDP conforms to the requirements of the California Coastal Act of 1976 and of these regulations. The proposed findings shall include any suggested modifications necessary to bring the land use plan or LRDP into compliance with the California Coastal Act of 1976, unless the local government has requested that such modifications not be part of the Commission's action. The proposed findings shall also include any additional documentation, governmental actions or other activity necessary to carry out the requirements of the Coastal Act. In order to assure adequate notification the final staff recommendation shall be distributed to all commissioners, to the governing authority, to all affected cities and counties, and to all other agencies, individuals and organizations who have so requested or who are known by the executive director to have a particular interest in the LCP or LRDP, within a reasonable time but in no event less than 7 calendar days prior to the scheduled public hearing.
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30512 and 30605, Public Resources Code.
§13533. Comments on Staff Recommendation.
Note

(a) Immediately following the executive director's presentation of the staff recommendation, a representative or representatives of the local government or the governing authority and members of the public and agencies shall have an opportunity to state their views on the recommendation. The chairperson of the Commission may establish predetermined time limits for such presentations. The representative of the local government or governing authority may have a period to respond to questions raised by the Commission.
(b) The staff shall respond to significant environmental points raised during evaluation of the LCP or LRDP. The response may be included within the staff report and shall be distributed to the Commission and the person making the comment. The response shall be available at the hearing on the LCP or LRDP for all persons in attendance.
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 21080.5, 30503, and 30512, Public Resources Code.
§13535. Withdrawal or Postponement of Action.
Note

(a) The local government or governing authority may withdraw its submission of the land use plan or LRDP at any time up to the commencement of the calling of the roll for a vote on any portion of the land use plan or LRDP. Upon such a request, the submission shall be considered withdrawn and removed from Commission consideration. The local government or governing authority may resubmit the land use plan or LRDP. The Commission shall reschedule the resubmittal at a time when it can be reviewed without adversely affecting previously scheduled LCPs or LRDPs.
(b) The Commission may postpone action on the land use plan or LRDP at any time prior to commencement of the calling of the roll for a vote on any portion of the land use plan or LRDP if it finds that such postponement will not unduly hinder the participation of the public in the deliberations of the Commission and would not result in the action of the Commission taking place after the 90-day time limit specified in Public Resources Code Section 30512 unless the local government or governing authority waives in writing its right to action within that 90-day limit.
(c) The Commission may for good cause extend any time limits within this subchapter for a period not to exceed one year after consultation with the affected local government by a majority vote of the commissioners present.
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30512, 30605, and 30517, Public Resources Code.
§13536. Amendment Prior to Commission Action.
Note

If the local government or governing authority amends its land use plan or LRDP after submission and prior to the commencement of the calling of the roll for a vote on the land use plan or LRDP as submitted, the Commission shall determine whether or not such amendment is material and includes changes that have not been the subject of public review and comment before the Commission. If the Commission finds that such amendments are minor or that they are material but have been the subject of adequate public comment at the public hearing before the Commission, the Commission shall consider such amendment and take action on the LCP or LRDP as amended rather than the land use plan or LRDP as initially submitted. If the Commission finds that the amendment is material and that the subject matter of the proposed amendment was not reviewed adequately at a prior public hearing, the vote on the land use plan or LRDP shall be continued until after a public hearing on the amended land use plan or LRDP; such hearing shall be scheduled no later than sixty (60) days from the submittal of the amendment. If the next public hearing would occur after the expiration of the ninety (90) day review period set forth in Public Resources Code Section 30512, and the local government or governing authority does not agree in writing to extend the review period, the Commission shall proceed to vote on the land use plan or LRDP as originally submitted.
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30503 and 30512, Public Resources Code.
§13537. Commission Action on Land Use Plan or LRDP.
Note

(a) The Commission shall take final action upon the land use plan or LRDP within ninety (90) days after submittal unless the local government or governing authority waives in writing the ninety (90) day time limit. No vote shall be taken unless a staff recommendation is prepared and distributed pursuant to Section 13532.
(b) Except as provided in Public Resources Code Section 30512(a)(3), a decision to certify a land use plan or LRDP shall require a majority vote of the appointed membership of the Commission. Where no modifications are proposed, the final motion is on the affirmative question of whether the land use plan or LRDP as submitted should be certified. Where modifications are proposed, the final motions shall be on (1) the affirmative question of whether the land use plan or LRDP, as submitted, should be certified and (2) the affirmative question of whether the land use plan or LRDP, as modified, should be certified. Modifications to the land use plan or LRDP shall be proposed in the staff recommendation. Any vote on the addition or deletion of modifications, including the specific terms or wording of a modification, may be carried by a majority of the commissioners present. Any suggested modifications adopted by the Commission shall be specific and susceptible to objective review and verification by the executive director of the Commission, by the local government or governing authority and by any interested person or public agency. The Commission's certification with suggested modifications shall expire on January 1, 1983 or six months from the date of Commission action, whichever is longer. If the local government, pursuant to Public Resources Code Section 30512, requests the Commission not recommend modifications, the Commission may discuss alternatives in the findings for denial of the land use plan or LRDP as submitted.
(c) If consistent with the staff recommendation and not otherwise specified at the time of the vote, the action taken shall be deemed to have been taken on the basis of the reasons set forth in the staff recommendation and shall thus be deemed to adopt the findings, conclusions, and modifications, if any, recommended by the staff.
(d) Any action of the Commission to certify or to refuse certification of a land use plan or LRDP as submitted by local government or a governing authority shall be final on the day of the Commission vote, notwithstanding a subsequent action of the Commission to adopt findings in support of its decision. An action of the Commission to certify a land use plan or LRDP subject to suggested modifications shall be final on the day the Commission concurs with the executive director's report of the acceptance of the suggested modifications pursuant to Section 13547(c) or the executive director reports the acceptance of the suggested modifications to the Commission pursuant to Section 13544.5(c).
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30512 and 30600.5, Public Resources Code.
§13538. Voting Procedure.
Note

(a) Members may vote “yes” or “no” or may abstain from voting.
(b) Any member may change his or her vote prior to the tally having been announced by the chairperson, but not thereafter.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30315, Public Resources Code.
§13539. Voting by Members Absent from Hearing.
Note

A member who was absent from any portion of the public hearing may vote on the land use plan or LRDP provided he or she has reviewed the substance of the testimony presented at the prior hearing where the land use plan or LRDP was considered and pertinent materials relating to the land use plan or LRDP submitted to the Commission and has so declared prior to the vote. In the absence of a challenge raised by an interested party, inadvertent failure to make such a declaration prior to the vote shall not invalidate the vote of a member.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30315, Public Resources Code.
§13540. Findings for Certification.
Note

Certification of the land use plan or LRDP by the Commission shall be based on specific written findings adopted by majority vote of members prevailing on the motion that the proposed land use plan or LRDP is in conformity with the provisions of the California Coastal Act of 1976, including specific factual findings supporting the following legal conclusions:
(a) the land use plan or LRDP meets the requirements of, and is in conformity with Chapter 3 of the California Coastal Act of 1976;
(b) the land use plan or LRDP contains the specific public access component as required by Public Resources Code Section 30500(a);
(c) the land use plan or LRDP is consistent with any applicable decisions of the Commission that shall guide Commission or local government actions pursuant to Public Resources Code Section 30625(c); and
(d) for LRDPs, approval of the LRDP is consistent with the Commission's responsibilities under the California Environmental Quality Act and any regulations issued pursuant thereto.
(e) the land use plan is in conformance with the policies and requirements of Chapter 3 only to the extent necessary to achieve the basic state goals specified in Public Resources Code Section 30001.5; and
(f) for land use plans, the land use plan meets the requirements of Section 21080.5(d)(2)(i) of the Public Resources Code, which requires that an activity will not be approved or adopted as proposed if there are feasible alternative or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. Any final action taken by the Commission either certifying or denying certification to a land use plan or LRDP must include written responses to significant environmental points raised during the evaluation of the land use plan.
Within ten (10) working days after Commission action on the land use plan or LRDP, the executive director of the Commission shall transmit a copy of the findings to the local government or governing authority.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Sections 30200 and 30512.2, Public Resources Code.
§13541. Resubmittal of Land Use Plan If Certification Is Refused.
Note

(a) Resubmittal of a land use plan in response to the Commission's denial of certification shall cause the Commission's prior certification with suggested modifications to expire.
(b) If a local government elects to respond to the Commission's denial of certification by revising its land use plan in a manner other than that suggested by the Commission and resubmitting the revised land use plan to the Commission, preparation, submittal and review of the resubmitted land use plan shall take place in accordance with the provisions of Articles 7-12, except for the provisions related to time periods for hearings and action. Review of the resubmitted land use plan shall take place when the Commission determines that the land use plan can be reviewed without adversely affecting the review of other land use plans previously scheduled.
(c) Following a final decision on the land use plan, no local government may resubmit substantially the same land use plan for a period of six months from the date of the prior final decision. Whether or not a land use plan is “substantially the same” as that upon which a final decision has been rendered shall be decided by the executive director within ten (10) working days of receipt of the submittal. Elimination of suggested modifications shall not be considered a substantial change. Until such a determination is made a resubmittal shall not be deemed submitted within the meaning of Public Resources Code Section 30512. The six month waiting period provided in this section may be waived by the Commission for good cause.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Sections 30512, 30513 and 30517, Public Resources Code.
Article 12. Commission Action on Implementation Actions of LCPs
§13542. Commission Review and Action.
Note

(a) Commission review of LCP implementing actions shall take place in accordance with the provisions of Articles 9-11, except for Sections 13528, 13529, 13530, and 13537.
(b) The Commission shall take action by a majority vote of those present within sixty (60) days of submittal of the zoning ordinances, zoning district maps, and other implementing actions as provided in Public Resources Code Section 30513. Where no modifications are proposed, the motion is on the affirmative question of whether the ordinance(s), map(s), or other actions do not conform with or are inadequate to carry out the provisions of the certified land use plan. Where modifications are proposed the final motions shall be on (1) the affirmative question of whether zoning actions, as submitted, should be rejected and (2) the affirmative question of whether the zoning actions with modifications as proposed in the staff recommendation should be certified. Any vote on the addition or deletion of modifications including the specific terms or wording of a modification may be carried by a majority of the commissioners present. Any suggested modifications adopted by the Commission shall be specific and susceptible to objective review and verification by the executive director of the Commission, by the local government and by any interested person or public agency. The Commission's certification with suggested modifications shall expire on January 1, 1983 or six months from the date of the Commission's action, whichever is longer.
(c) The standard of review of the implementing actions shall be the land use plan as certified by the Commission. If the land use plan is conditionally certified subject to local government acceptance of the suggested modifications, the standard of review shall be the conditionally certified land use plan. However, if the local government elects to revise and resubmit the land use plan in a manner different from that set forth in the suggested modifications of the conditioned certification, the Commission's approval of the implementing actions shall be void. Absent either a certified or conditionally certified land use plan, the Commission may take no action on the implementing actions. However, the Commission may discuss the implementing actions and upon conclusion of the comments by the Commission return the submittal to the local government.
(d) Any final action taken by the Commission either approving or rejecting the LCP implementation actions must include written responses to significant environmental points raised during Commission review.
(e) Categorical exclusions (reviewed by the Commission upon or after certification of the LCP) shall be adopted by the Commission for those categories of development which the Commission certifies as being allowed by right in the local jurisdiction, which have specific development standards (as specified in the LCP) which are handled ministerially by the local government and which comply with Public Resources Code Sections 30610(e) and 30610.5.
(f) Any action of the Commission to certify or to refuse certification of any zoning ordinance, zoning district map or other implementing action as submitted by the local government shall be final on the day of the Commission vote, notwithstanding a subsequent action of the Commission to adopt findings in support of its decision. Any action of the Commission to certify any zoning ordinance, zoning district map or other implementing ordinance subject to suggested modifications shall be final on the day of the Commission concurs with the executive director's report of the local government's acceptance of the suggested modifications pursuant to Section 13544.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Sections 30513, 30610 and 21080.5, Public Resources Code.
Article 13. Confirmation of LCP Certification
§13544. Effective Date of Certification of a Local Coastal Program.
Note

After the certification or conditional certification of a local coastal program, the executive director of the Commission shall transmit copies of the resolution of certification and any suggested modifications and findings to the local government that submitted the local coastal program, and to any interested person(s) or agencies. The certification of a local coastal program resulting in the transfer of coastal development review authority pursuant to Public Resources Code Section 30519 shall not be deemed final and effective until all of the following occur:
(a) The local government with jurisdiction over the area governed by the certified local coastal program, by action of its governing body, acknowledges receipt of the Commission's resolution of certification including any terms or modifications which may have been suggested for final certification; accepts and agrees to any such terms and modifications and takes whatever formal action is required to satisfy the terms and modifications (e.g. implementation of ordinances); and agrees to issue coastal development permits for the total area included in the certified local coastal program;
(b) The executive director of the Commission determines in writing that the local government's action and the notification procedures for appealable development required pursuant to Article 17, Section 2 are legally adequate to satisfy any specific requirements set forth in the Commission's certification order;
(c) The executive director reports the determination to the Commission at its next regularly scheduled public meeting and the Commission does not object to the executive director's determination. If a majority of the commissioners present object to the executive director's determination and find that the local government action does not conform to the provisions of the Commission's action to certify the LCP, the Commission shall review the local government's action and notification procedures pursuant to Articles 9-12 as if it were a resubmittal; and
(d) Notice of the certification of a local coastal program shall be filed with the Secretary of the Resources Agency for posting and inspection as provided in Public Resources Code Section 21080.5(d)(2)(v).
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Sections 30519 and 21080.5, Public Resources Code.
§13544.5. Effective Date of Certification of a Land Use Plan.
Note

After the certification or conditional certification of a land use plan, the executive director of the Commission shall transmit copies of the resolution of certification and any suggested modifications and findings to the local government that submitted the land use plan, and to any interested persons or agencies. The certification of a land use plan resulting in the transfer of coastal development review authority pursuant to Public Resources Code Section 30600.5 shall not be deemed final and effective until all of the following occur:
(a) The local government with jurisdiction over the area governed by the certified land use plan, by action of its governing body, acknowledges receipt of the Commission's resolution of certification including any terms or modifications which may have been required for final certification; accepts and agrees to any such terms and modifications and takes whatever formal action is required to satisfy the terms and modifications (e.g. adoption of plan changes) and agrees to issue coastal development permits for the total area included in the certified land use plan pursuant to Public Resources Code Section 30600.5.
(b) The executive director of the Commission determines in writing that the local government's action is legally adequate to satisfy any specific requirements set forth in the Commission's certification order;
(c) The executive director of the Commission reports the determination to the Commission at its next regularly scheduled public meeting. If the executive director finds that the local government action does not conform to the provisions of the Commission's action to certify the land use plan, the Commission shall review the local government's action and notification procedures pursuant to Articles 9-12 as if it were a resubmittal; and
(d) Notice of the certification of a land use plan shall be filed with the Secretary of the Resources Agency for posting and inspection as provided in Public Resources Code Section 21080.5(d)(2)(v).
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Sections 30600.5 and 21080.5, Public Resources Code.
§13545. Effect of Final Certification of LCP.
Note     •     History

Certification of a local coastal program pursuant to Section 13544 results in the delegation to the local government of a coastal development permit authority over those developments specified in Public Resources Code Section 30519 for the area of the coastal zone governed by the certified local coastal program. No development inconsistent with the certification order may take place unless the order is amended. Appealable developments under Public Resources Code Section 30603, proposed for the area governed by the certified local coastal program shall be subject to the requirements of Article 17, of these regulations.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30600, Public Resources Code.
HISTORY

1. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§13545.5. Effect of Final Certification of Land Use Plan.
Note     •     History

Upon compliance by a local government with applicable requirements set forth in Public Resources Code Section 30600.5(e) and (f), certification of a land use plan pursuant to Section 13544.5 results in the delegation to the local government of a coastal development permit authority over those developments specified in Public Resources Code Section 30600.5 for the area of the coastal zone governed by the certified land use plan. No development inconsistent with the certification order may take place unless the order is amended.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
HISTORY

1. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§13546. Final Certification and Incomplete Permit Review.
Note

At the time of delegation of coastal development permit authority there may be permit applications that have received local government approval and have not been voted upon by the Commission. The permit applicant may:
(a) return the application to the local government for review under the certified local coastal program pursuant to Article 17, (Section 2), or
(b) proceed with Commission review for consistency with the certified local coastal program. The Commission may determine that the application as filed may require additional review by the local government and, after consultation with and notice to the local government, remand the application for action consistent with the certified local coastal program.
The permit applicant shall not be subject to additional fees or delays as a result of this section except for those required for compliance with the notice and hearing provisions of Article 17 of these regulations.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30600(a), Public Resources Code.
Article 14. Confirmation of Final and Effective LRDP Certification and Subsequent Review of Development Projects
§13547. Effective Date of Certification.
Note

After the certification of the LRDP, the executive director of the Commission shall transmit copies of the resolution of certification and suggested modifications to the governing authority, and to any interested persons or agencies. The certification of the LRDP resulting in the abbreviated review procedure provided in Section 13550 pursuant to Public Resources Code Section 30606, shall not be deemed final and effective until all of the following occur:
(a) The governing authority acknowledges receipt of the Commission's resolution of certification including any terms or modifications which may have been required for final certification; and the Board of Regents or Board of Trustees accepts and agrees to any such terms and modifications and takes whatever formal action is required to satisfy the terms and modifications.
(b) The executive director of the Commission determines in writing that the action of the governing authority, or the Board of Regents or Board of Trustees where appropriate, and the notification procedures of the LRDP for development projects required pursuant to Section 13511(e) are legally adequate to satisfy any specific requirements set forth in the Commission's certification order; and 
(c) The executive director reports the determination to the Commission at its next regularly scheduled public meeting and the Commission does not object to the executive director's determination. If a majority of the commissioners present object to the executive director's determination and finds that the governing authority's action does not conform to the provisions of the Commission's action to certify the LRDP, the Commission shall review the governing authority's action and notification procedures pursuant to Articles 9-12 as if it were a resubmittal.
NOTE

Authority cited: Section 30605, Public Resources Code. Reference: Section 30605, Public Resources Code.
§13548. Effect of Final Certification of LRDP.
Note

After certification of the LRDP for an educational facility has become final, the governing authority may undertake or authorize any development project for such educational facility within the coastal zone without a coastal development permit obtained pursuant to Sections 13050 to 13173 if:
(1) the governing authority provides timely notice of the impending development as provided in Section 13549, and
(2) the proposed development is found to be consistent with the certified LRDP pursuant to Section 13550.
If the Commission fails to act upon the notice of the impending development within thirty (30) days after the notice is filed in the office of the Commission, the development is deemed consistent with the certified LRDP.
NOTE

Authority cited: Section 30605, Public Resources Code. Reference: Section 30605, Public Resources Code.
§13549. Notice of the Impending Development.
Note

(a) At least thirty (30) days prior to beginning construction for any development, the governing authority shall notify in writing the following parties of the nature and location of the impending development: the Commission, contiguous local governments, owners of each parcel of record within 100 feet of the proposed development, persons residing within 100 feet of the proposed development, and all other interested persons and agencies who have requested such notice. The governing authority shall post conspicuous notice of such impending development at the proposed site. Notice to the Commission, and interested persons and agencies who have so requested shall be accompanied by sufficient supporting information to allow determination of whether such development is consistent with the certified LRDP.
(b) Within ten (10) days of the receipt of a notice of the impending development, the executive director shall review the notice. If there is insufficient supporting information to determine whether the proposed development is consistent with the certified LRDP, the executive director shall inform the governing authority of what further information is needed to make such determination. The notice shall be deemed filed when all necessary supporting information has been received by the executive director.
(c) No construction shall commence until at least thirty (30) days after the notice is filed in the office of the Commission.
(d) This section shall not apply to those development projects defined pursuant to Section 13511(g).
NOTE

Authority cited: Section 30605, Public Resources Code. Reference: Section 30606, Public Resources Code.
§13550. Commission Review of Development Projects.
Note

(a) Categories of development defined in a certified LRDP pursuant to Section 13511(g) shall not be reviewable by the Commission.
(b) Within thirty (30) days after the filing of the notice of the impending development, the executive director shall report in writing to the Commission the pendency of the proposed development. The report shall include a description sufficient to allow the Commission to understand the location, nature, and extent of the proposed development, and a discussion and recommendation regarding the consistency of the proposed development with the certified LRDP. Copies of the report shall be available at the meeting and, if possible within the time available, shall have been mailed to the Commission, the governing authority and those persons known by the executive director to be interested in receiving such notification.
(c) Proposed developments which in the opinion of the executive director of the Commission are de minimus with respect to the purposes and provisions of the certified LRDP may be scheduled for Commission review at one public hearing during which all such items may be taken up as a single matter. This procedure shall be known as the Consent Calendar. The procedures governing such Consent Calendar shall be comparable to the procedures set forth in Sections 13101-13103.
(d) Within thirty (30) days of the filing of the notice and after a public hearing the Commission shall, by a majority of its membership present, determine whether the proposed development is consistent with the certified LRDP and whether conditions are required in accordance with the provisions of Public Resources Code Sections 30605-30607 and 30607.1. If the Commission determines that conditions are required to render the proposed development consistent with the certified LRDP, the Commission shall schedule a public hearing on the proposed conditions no later than twenty-one (21) days after the close of the hearing that determined consistency with the LRDP. No construction shall commence until after the Commission votes to impose any condition necessary to render the proposed development consistent with the certified LRDP. The hearing procedures governing the Commission's determinations pursuant to this subsection shall be in conformance with Section 13064-13096.
NOTE

Authority cited: Section 30605, Public Resources Code. Reference: Section 30606, Public Resources Code.
Article 15. Amendments to Certified LCPs and LRDPs
§13551. Local Government Resolution.
Note

(a) An amendment to a certified LCP or LRDP shall be accepted for filing by the Commission if the amendment is submitted pursuant to a resolution adopted in accordance with the provisions of Public Resources Code Section 30510(a) or is proposed pursuant to Public Resources Code Section 30515.
(b) A local government or governing authority may submit a proposed amendment either (1) as an amendment that will take effect automatically upon Commission approval pursuant to Public Resources Code Sections 30512, 30513, and 30519, or (2) as an amendment that will require formal local government adoption after Commission approval.
Under either of the alternative procedures, the requirements of Sections 13544, 13544.5 or 13547 must be fulfilled following Commission approval of the amendment. For purposes of this Article, certified LCP or LRDP includes certified land use plan, LCP or LRDP or any portion thereof.
NOTE

Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30514, 30605, and 30510, Public Resources Code.
§13552. Contents of LCP or LRDP Amendment Submittal.
Note

The LCP or LRDP amendment submittal shall include:
(a) A summary of the measure taken to provide the public and affected agencies and districts maximum opportunity to participate in the LCP or LRDP amendment process, pursuant to Section 13515 and Public Resources Code Section 30503; a listing of members of the public, organizations, and agencies appearing at any hearing or contacted for comment on the LCP or LRDP amendment; and copies or summaries of significant comments received and of the local government or governing authority's response to the comments.
(b) All policies, plans, standards, objectives, diagrams, drawings, maps, photographs, and supplementary data, related to the amendment in sufficient detail to allow review for conformity with the requirements of the Coastal Act. Written documents should be readily reproducible. An amendment to a land use plan or LRDP shall include, where applicable, a readily identifiable public access component as set forth in Section 13512.
(c) A discussion of the amendment's relationship to and effect on the other sections of the certified LCP or LRDP.
(d) An analysis that meets the requirements of Section 13511 or an approved alternative pursuant to Section 13514 and that demonstrates conformity with the requirements of Chapter 6 of the Coastal Act.
(e) Any environmental review documents, pursuant to CEQA, required for all or any portion of the amendment to the LCP or LRDP.
(f) An indication of the zoning measures that will be used to carry out the amendment to the land use plan (unless submitted at the same time as the amendment to the land use plan).
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Sections 30510 and 30514, Public Resources Code.
§13553. Review of Filing.
Note

An amendment to a certified LCP or LRDP together with all necessary attachments and exhibits shall be deemed “submitted” after having been received and found by the executive director of the Commission to be in proper order and legally adequate to comply with Public Resources Code Section 30510(b). Said review shall be completed within a reasonable time, but unless there are unusual circumstances, no later than ten (10) working days after the date it is received in the Commission offices during normal working hours. The executive director shall cause a date of receipt stamp to be affixed to all LCP or LRDP submissions on the day they are so received and a stamp of the date of submittal on the day they are found to be properly submitted. If the executive director determines that the materials received are not sufficient to satisfy the requirements of Public Resources Code Section 30510(b), the executive director shall transmit to the local government or governing authority specific written comments regarding the inadequacy of the submission no later than the aforementioned ten (10) working days. Any disagreement between the executive director and the local government or governing authority as to information requirements may be resolved by the Commission. If the amendment to the LCP or LRDP is found to be properly submitted, the executive director shall immediately notify the local government or governing authority that submitted the LCP or LRDP amendment.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30514, Public Resources Code; and Section 65943, Government Code.
§13554. Minor Amendment, Definition.
Note

Pursuant to Public Resources Code Section 30514(c) and for purposes of this Article, a minor amendment to an LCP or LRDP includes but is not limited to, the following:
(a) changes in wording which make the use as designated in the zoning ordinances, zoning district maps or other implementing actions more specific and which do not change the kind, location, intensity, or density of use and which are found by the executive director of the Commission or the Commission to be consistent with the land use plan as certified by the Commission.
(b) for annexed or detached areas, certification of zoning ordinances, zoning district maps or other implementing actions where either:
(1) the certified land use plan and zoning designations of the city and county jurisdictions fo the geographic area are equivalent; or
(2) the Commission has certified proposed pre-annexation zoning for the annexing jurisdiction.
(c) change in the notification and hearing procedures that is consistent with the requirements of the Coastal Act.
(d) for land use plans:
(1) revisions or deletion of housing policies certified pursuant to Public Resources Code Section 30213 prior to January 1, 1982.
(2) correction, reorganization, revisions, or deletion of certified language which when taken together does not change the kind, location, intensity or density of use or modify the resource protection measures for any area or property.
(3) additions or revisions to certified policies which impose further conditions, restriction or limitations on any use which might adversely affect the resources of the coastal zone, if those amendments do not conflict with any policy of Chapter 3 of the Coastal Act or with any other certified land use plan policy.
(e) changes in the kinds, location, intensity or density of uses covering areas specifically certified by the Commission as acceptable alternative land uses that become effective upon the occurrence of specific events authorized in a certified LCP or LRDP, such as annexations or the availability of water or sewer services.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30514, Public Resources Code.
§13555. Designation of Amendment as Minor.
Note

(a) The executive director of the Commission or the Commission may determine whether or not a proposed amendment is minor in nature. If the executive director determines the proposed amendment is minor, notice of such determination including a summary of procedures set forth in this Article shall be mailed to all parties the executive director has reason to know may be interested in the amendment to the LCP or LRDP. The executive director shall report in writing to the Commission at the next meeting, his or her determination and objections to the determination, if any, that have been received within ten (10) working days of the posting of notice. The report shall include sufficient description of the proposed amendment to allow the Commission to understand the proposal. If one-third of the appointed members of the Commission requests, the determination of minor amendment shall not become effective and the amendment shall be processed in accordance with Section 13555(b). Proposed amendments that are designated as minor amendments by the executive director with concurrence by the Commission or the Commission shall take effect upon completion of the requirements of Section 13547.
(b) If the executive director or the Commission determine that the proposed amendment is not minor, the application shall be processed by the Commission after notice to all parties the executive director has reason to know may be interested in the matter. Amendments that are not designated minor in nature shall be subject to the provisions of this Article and Articles 9-12.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30514, Public Resources Code.
Article 16. Environmental Impact Review--Local Coastal Programs and Long Range Development Plans
§13557. Review and Comments on Draft Environmental Documents.
Note

(a) Any local government or governing authority intending to submit an LCP or LRDP for certification shall submit any draft environment documents, including an Initial Environmental Study, Draft Environmental Impact Report, or Draft Negative Declaration concerning the LCP or LRDP to the office of the Commission as soon as practicable after such are prepared.
(b) The executive director shall review such documents, determine what comments should be made on behalf of the Commission, and forward such documents to the local government or governing authority. The Commission at its discretion, may hold a public hearing on any environmental document submitted and direct the staff to make whatever comments, or to obtain whatever additional information, the Commission deems appropriate.
With regard to LCPs, if the draft environmental impact report is submitted in conjunction with the preliminary review procedure set forth in Section 13517, the draft environmental documents may be submitted together with the proposed local coastal program as a single document, and the Commission may hold a hearing on the draft environmental document(s) at the same time as the advisory review hearing.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 21160, Public Resources Code.
§13558. Effect of Comments and Preliminary Review by the Commission.
Note

Comments on environmental documents that are submitted by the Commission or the executive director pursuant to the California Environmental Quality Act are intended to aid the local government or governing authority in preparing adequate environmental documents. They do not indicate what action the Commission may take with regard to certification; nor do they preclude the Commission from requiring supplemental environmental information in the course of the review process.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 30500(c), Public Resources Code.
§13559. Submission of Final Environmental Documents for LRDPs.
Note

At the time the governing authority submits its LRDP pursuant to Section 13518, it shall also submit either a final Environmental Impact Report or a negative Declaration. For purposes of the section and to avoid unnecessary duplication, the Environmental Impact Report and the LRDP may be submitted as a single document if such single document meets the substantive and procedural requirements of both the California Coastal Act of 1976 and the California Environmental Quality Act. Any public hearing on the LRDP may be combined with required public hearings for the review of environmental documents pursuant to the California Environmental Quality Act.
NOTE

Authority cited: Section 30501, Public Resources Code. Reference: Section 21100, Public Resources Code.
Article 17. Local Coastal Program Implementation Regulations
§13560. Scope of Article.
Note     •     History

The provisions of this Article shall constitute minimum standards of notice and hearing requirements for local governments and for the Commission in reviewing development projects after certification of a local coastal program.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30600, Public Resources Code.
HISTORY

1. New Article 17 (Sections 13560-13574, not consecutive) filed 1-17-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 4).
§13563. Existing Local Procedures.
Note

Existing local government notice and hearing procedures which are in substantial compliance with the provisions of these regulations may be reviewed and certified by the Commission as part of the local coastal program.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30620.6, Public Resources Code.
§13565. Notice of Appealable Developments.
Note

Within ten (10) calendar days of accepting an application for an appealable coastal development permit (or local government equivalent) or at least seven (7) calendar days prior to the first public hearing on the development proposal, the local government shall provide notice by first class mail of pending application for appealable development. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction, to all property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed and to the Commission. The notice shall contain the following information:
(1) a statement that the development is within the coastal zone;
(2) the date of filing of the application and the name of the applicant;
(3) the number assigned to the application;
(4) a description of the development and its proposed location;
(5) the date, time and place at which the application will be heard by the local governing body or hearing officer;
(6) a brief description of the general procedure of local government concerning the conduct of hearing and local actions;
(7) the system for local and Coastal Commission appeals, including any local fees required.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30006 and 30600, Public Resources Code.
§13566. Public Hearing on Appealable Developments.
Note

At least one public hearing shall be held on each application for an appealable development, thereby affording any persons the opportunity to appear at the hearing and inform the local government of the nature of their concerns regarding the project. Such hearing shall occur no earlier than seven (7) calendar days following the mailing of the notice required in Section 13565. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30006 and 30600, Public Resources Code.
§13567. Notice of Local Government Action When Hearing Continued.
Note

If a decision on a development permit is continued by the local government to a time which is neither (a) previously stated in the notice provided pursuant to Section 13565, nor (b) announced at the hearing as being continued to a time certain, the local government shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in Section 13565.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30006 and 30600, Public Resources Code.
§13568. Notice of Non-Appealable Developments.
Note

(a) Notice of developments within the coastal zone that require a public hearing under local ordinance, but which are not appealable pursuant to Public Resources Code Section 30603 (and which are not categorically excluded) shall be provided in accordance with existing local government notice requirements which shall provide at a minimum:
Notice of developments shall be given at least ten (10) calendar days before a hearing in the following manner:
(1) if the matter is heard by the Planning Commission (city or county) notice shall be published in a newspaper of general circulation or (if there is none) posted in at least three public places in the local jurisdiction;
(2) notice by first class mail to any person who has filed a written request therefore,
(3) notice by first class mail to property owners within 300 feet. 
(4) notice by first class mail to residents within 100 feet of the proposed project.
(5) notice by first class mail to the Commission.
(6) the notice shall contain a statement that the proposed development is within the coastal zone.
The local government may, instead, elect to provide notice in accordance with Section 13565.
(b) Notice of developments within the coastal zone which are not appealable pursuant to Public Resources Code Section 30603 and which do not require a public hearing under local ordinance (and which are not categorically excluded) shall be provided as follows:
Within ten (10) calendar days of accepting an application for a non-appealable coastal development permit (or local government equivalent) or at least seven (7) calendar days prior to the local decision on the application, the local government shall provide notice, by first class mail, of pending development approval. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction, to all property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed, and to the Commission. The notice shall contain the following information:
(1) a statement that the development is within the coastal zone;
(2) the date of filing of the application and the name of the applicant;
(3) the number assigned to the application;
(4) a description of development and its proposed location;
(5) the date the application will be acted upon by the local governing body or decision-maker;
(6) the general procedure of the local government concerning the submission of public comments either in writing or orally prior to the local decision;
(7) a statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the local decision.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30006 and 30600, Public Resources Code.
§13569. Determination of Applicable Notice and Hearing Procedures.
Note

The determination of whether a development is categorically excluded, non-appealable or appealable for purposes of notice, hearing and appeals procedures shall be made by the local government at the time the application for development within the coastal zone is submitted. This determination shall be made with reference to the certified Local Coastal Program, including any maps, categorical exclusions, land use designations and zoning ordinances which are adopted as part of the Local Coastal Program. Where an applicant, interested person, or a local government has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded, non-appealable or appealable:
(a) The local government shall make its determination as to what type of development is being proposed (i.e. categorically excluded, appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for that particular development. The local determination may be made by any designated local government employee(s) or any local body as provided in local government procedures.
(b) If the determination of the local government is challenged by the applicant or an interested person, or if the local government wishes to have a Commission determination as to the appropriate designation, the local government shall notify the Commission by telephone of the dispute/question and shall request an Executive Director's opinion;
(c) The executive director shall, within two (2) working days of the local government request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, non-appealable or appealable:
(d) Where, after the executive director's investigation, the executive director's determination is not in accordance with the local government determination, the Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geographic region of the state) following the local government request.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30600, Public Resources Code.
§13570. Finality of Local Government Action.
Note

A local decision on an application for a development shall not be deemed complete until (1) the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act, and (2) when all local rights of appeal have been exhausted as defined in Section 13573.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30603, Public Resources Code.
§13571. Final Local Government Action--Notice.
Note

(a) Notice After Final Local Decision. (This section shall not apply to categorically excluded developments.) Within seven (7) calendar days of a local government completing its review and meeting the requirements of Section 13570, the local government shall notify by first class mail the Commission and any persons who specifically requested notice of such action by submitting a self-addressed, stamped envelope to the local government (or, where required, who paid a reasonable fee to receive such notice) of its action. Such notice shall include conditions of approval and written findings and the procedures for appeal of the local decision to the Coastal Commission.
(b) Failure to Act--Notice.
(1) Notification by Applicant: If a local government has failed to act on an application within the time limits set forth in Government Code Sections 65950-65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950-65957.1 shall notify, in writing, the local government and the Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.
(2) Notification by Local Government: When a local government determines that the time limits established pursuant to Government Code Sections 65950-65957.1 have expired, the local government shall, within seven (7) calendar days of such determination, notify any person entitled to receive notice pursuant to Section 13571(a) that the application has been approved by operation of law pursuant to Government Code Sections 65950-65957.1 and the application may be appealed to the Commission pursuant to Section 13110 et seq. (This section shall apply equally to a local government determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.)
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30620 and 30625, Public Resources Code.
§13572. Local Government Action--Effective Date.
Note

A local government's final decision on an application for an appealable development shall become effective after the ten (10) working day appeal period to the Commission has expired unless either of the following occur:
(a) an appeal is filed in accordance with Section 13111;
(b) the notice of final local government action does not meet the requirements of Section 13571;
When either of the circumstances in Section 13572(a) or (b) occur, the Commission shall, within five (5) calendar days of receiving notice of that circumstance, notify the local government and the applicant that the effective date of the local government action has been suspended.
NOTE

Authority cited: Section 30333 and 30620, Public Resources Code. Reference: Section 30603, Public Resources Code.
§13573. Exhaustion of Local Appeals.
Note

(a) An appellant shall be deemed to have exhausted local appeals for purposes of Section 13111 and shall be qualified as an aggrieved person where the appellant has pursued his or her appeal to the local appellate body (bodies) as required by the local government appeal procedures; except that exhaustion of all local appeals shall not be required if any of the following occur:
(1) The local government or jurisdiction require an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the coastal zone, in the implementation section of the Local Coastal Program.
(2) An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision.
(3) An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this Article.
(4) The local government jurisdiction charges an appeal fee for the filing or processing of appeals.
(b) Where a project is appealed by any two (2) members of the Commission, there shall be no requirement of exhaustion of local appeals. Provided, however, that a local government may provide, by ordinance, that notice of commissioner appeals may be transmitted to the local appellate body (which considers appeals from the local body that rendered the final decision), and the appeal to the Commission may be suspended pending a decision on the merits by that local appellate body. If the decision of the local appellate body modifies or reverses the previous decision, the commissioners shall be required to file a new appeal from that decision.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30603 and 30625, Public Resources Code.
§13574. Procedures for Open Space Easements and Public Access Documents.
Note

All coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to the following procedures:
(a) The executive director of the Commission shall review and approve all legal documents specified in the conditions of approval of a coastal development permit for public access and conservation/open space easements.
(1) Upon completion of permit review by the local government and prior to the issuance of the permit, the local government shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the executive director of the Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies;
(2) The executive director of the Commission shall have fifteen (15) working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any; 
(3) The local government may issue the permit upon expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the local government within that time period;
(4) If the executive director has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director; or 
(b) If a local government requests, the Commission shall delegate the authority to process the recordation of the necessary legal documents to the local government if the local government identifies the department of the local government or public agency or private association that has the resources and authorization to accept, open and operate and maintain the accessways and open space/conservation areas required as a condition of approval of coastal development permits subject to the following: Upon completion of the recordation of the documents the local government shall forward a copy of the permit conditions and findings of approval and copies of the legal documents pertaining to the public access and open space conditions to the executive director of the Commission.
NOTE

Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30530, Public Resources Code.
Article 18. Map Requirement and Boundary Determination Criteria
§13576. Map(s) of Areas of Commission Permit and Appeal Jurisdiction.
Note     •     History

(a) In conjunction with final Local Coastal Program certification or the delegation of coastal development permit authority pursuant to Public Resources Code Section 30600.5, whichever occurs first, the Commission shall, after public hearing, adopt a map or maps of the coastal zone of the affected jurisdiction that portrays the areas where the Commission retains permit authority pursuant to Public Resources Code Sections 30603 (a) (1) and (a)(2), or 30600.5 (d). These maps shall be drawn based on the criteria for permit and appeal boundary determinations, set forth in Section 13577 below, and will serve as the official maps of the Commission's permit and appeal jurisdiction. The Commission, in consultation with the local government, shall update these maps from time to time, where changes occur in the conditions on which the adopted maps were based, or where it can be shown that the location of the mapped boundary does not adequately reflect the intended boundary criteria. Revisions of the adopted maps shall be based on precise boundary determinations made using the criteria set forth in Section 13577. The revised maps shall be filed with the affected jurisdiction within 30 days of adoption by the Commission. In addition, each adopted map depicting the permit and appeal jurisdiction shall include the following statement:
“This map has been prepared to show where the California Coastal Commission retains permit and appeal jurisdiction pursuant to Public Resources Code Sections 30519(b), 30603(a)(1) and (a)(2) and 30600.5(d). In addition, development may also be appealable pursuant to Public Resources Code Sections 30603(a)(3), (a)(4), and (a)(5). If questions arise concerning the precise location of the boundary of any area defined in the above sections, the matter should be referred to the local government and/or the Executive Director of the Commission for clarification and information. This plat may be updated as appropriate and may not include all lands where permit and appeal jurisdiction is retained by the Commission”
(b) In the case of local governments which have received Commission approval of their Phase III (implementation) Work Program and Budget prior to January 1, 1980, the permit and appeal area maps shall be adopted by the Commission prior to the certification becoming effective pursuant to Section 13547 of the Commission's regulations.
(c) Any request for a written determination for either (1) interpretation or revision of any boundary shown in any permit and appeal jurisdiction map approved pursuant to subsection (a), or (2) a determination of the precise location of a particular parcel or area of land in relation to any boundary shown on any such map, shall be accompanied by payment of the fee set forth in Section 13055(b)(6).
NOTE

Authority cited: Sections 30333, 30501 and 30620.6, Public Resources Code. Reference: Sections 30519 and 30603, Public Resources Code.
HISTORY

1. New subsection (c) and amendment of Note filed 3-14-2008; operative 3-14-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11). 
§13577. Criteria for Permit and Appeal Jurisdiction Boundary Determinations.
Note     •     History

For purposes of Public Resources Code Sections 30519, 30600.5, 30601, 30603, and all other applicable provisions of the Coastal Act of 1976, the precise boundaries of the jurisdictional areas described therein shall be determined using the following criteria:
(a) Streams. Measure 100 feet landward from the top of the bank of any stream mapped by USGS on the 7.5 minute quadrangle series, or identified in a local coastal program. The bank of a stream shall be defined as the watershed and relatively permanent elevation or acclivity at the outer line of the stream channel which separates the bed from the adjacent upland, whether valley or hill, and serves to confine the water within the bed and to preserve the course of the stream. In areas where a stream has no discernable bank, the boundary shall be measured from the line closest to the stream where riparian vegetation is permanently established. For purposes of this section, channelized streams not having significant habitat value should not be considered.
(b) Wetlands.
(1) Measure 100 feet landward from the upland limit of the wetland. Wetland shall be defined as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats. For purposes of this section, the upland limit of a wetland shall be defined as:
(A) the boundary between land with predominantly hydrophytic cover and land with predominantly mesophytic or xerophytic cover;
(B) the boundary between soil that is predominantly hydric and soil that is predominantly nonhydric; or
(C) in the case of wetlands without vegetation or soils, the boundary between land that is flooded or saturated at some time during years of normal precipitation, and land that is not.
(2) For the purposes of this section, the term “wetland” shall not include wetland habitat created by the presence of and associated with agricultural ponds and reservoirs where:
(A) the pond or reservoir was in fact constructed by a farmer or rancher for agricultural purposes; and
(B) there is no evidence (e.g., aerial photographs, historical survey, etc.) showing that wetland habitat pre-dated the existence of the pond or reservoir. Areas with drained hydric soils that are no longer capable of supporting hydrophytes shall not be considered wetlands.
(c) Estuaries. Measure 300 feet landward from the mean high tide line of the estuary. For purposes of this section, an estuary shall be defined as a coastal water body, usually semi-enclosed by land, having open, partially obstructed, or intermittent exchange with the open ocean, and in which ocean water is at least occasionally diluted by freshwater from the land. The salinity level my be periodically increased to above that of the open ocean due to evaporation. The mean high tide line shall be defined as the statistical mean of all the high tides over the cyclical period of 18.6 years, and shall be determined by reference to the records and elevations of tidal benchmarks established by the National Ocean Survey. In areas where observations covering a period of 18.6 years are not available, a determination may be made based on observations covering a shorter period, provided they are corrected to a mean value by comparison with observations made at some suitably located control tide station.
(d) Tidelands. Tidelands shall be defined as lands which are located between the lines of mean high tide and mean low tide.
(e) Submerged Lands. Submerged lands shall be defined as lands which lie below the line of mean low tide.
(f) Public Trust Lands. Public Trust lands shall be defined as all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public Trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed, and which were subject to the Public Trust at any time.
(g) Beaches. Measure 300 feet landward from the inland extent of the beach. The back beach, or dry beach, if it exists, shall be included. The inland extent of the beach shall be determined as follows:
(1) from a distinct linear feature (e.g., a seawall, road, or bluff, etc.);
(2) from the inland edge of the further inland beach berm as determined from historical surveys, aerial photographs, and other records or geological evidence; or
(3) where a beach berm does not exist, from the further point separating the dynamic portion of the beach from the inland area as distinguished by vegetation, debris or other geological or historical evidence.
(h) Coastal Bluffs. Measure 300 feet both landward and seaward from the bluff line or edge. Coastal bluff shall mean:
(1) those bluffs, the toe of which is now or was historically (generally within the last 200 years) subject to marine erosion; and
(2) those bluffs, the toe of which is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified in Public Resources Code Section 30603(a)(1) or (a)(2).
Bluff line or edge shall be defined as the upper termination of a bluff, cliff, or seacliff. In cases where the top edge of the cliff is rounded away from the face of the cliff as a result of erosional processes related to the presence of the steep cliff face, the bluff line or edge shall be defined as that point nearest the cliff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the cliff. In a case where there is a steplike feature at the top of the cliff face, the landward edge of the topmost riser shall be taken to be the cliff edge. The termini of the bluff line, or edge along the seaward face of the bluff, shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the bluff line along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the inland facing portion of the bluff. Five hundred feet shall be the minimum length of bluff line or edge to be used in making these determinations.
(i) First Public Road Paralleling the Sea. 
(1) The “first public road paralleling the sea” means that road nearest to the sea, as defined in Public Resources Code Section 30115, which:
(A) is lawfully open to uninterrupted public use and is suitable for such use;
(B) is publicly maintained;
(C) is an improved, all-weather road open to motor vehicle traffic in at least one direction;
(D) is not subject to any restrictions on use by the public except when closed due to an emergency or when closed temporarily for military purposes; and
(E) does in fact connect with other public roads providing a continuous access system, and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries, and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.
When based on a road designated pursuant to this section, the precise boundary of the permit and appeal jurisdiction shall be located along the inland right-of-way of such road.
(2) Whenever no public road can be designated which conforms to all provisions of (i)(1) above, and a public road does exist, which conforms to all provisions of (i)(1) except (i)(1)(v), the effect of designating the first public road paralleling the sea shall be limited to the following:
(A) all parcels between the Pacific Ocean and such other public road; and
(B) those parcels immediately adjacent of the sea inland of such other public road.
(3) Where the Commission determines that the designation of the “first public road paralleling the sea” results in the inclusion of areas within the permit and appeal jurisdiction where the grounds for an appeal set forth in Public Resources Code Section 30603(b) are not an issue, the Commission may take action to limit the geographic area where developments approved by a local government may be appealed to the Commission, to that area where any such grounds are, in fact, an issue.
NOTE

Authority cited: Sections 30501 and 30620.6, Public Resources Code. Reference: Sections 30519 and 30603, Public Resources Code.
HISTORY

1. Amendment of subsection (i)(2) filed 8--2--89; operative 9--1--89 (Register 89, No. 32).
Subchapter 6. Ports
Article 1. Scope and Jurisdiction
§13600. Ports Covered by This Subchapter.
Note     •     History

The provisions of this subchapter are promulgated pursuant to Chapter 8 of the California Coastal Act of 1976. That Chapter and the organizational and procedural provisions of Chapters 1, 2, 3, and 5 of these regulations as applicable shall govern any development, the issuance of any coastal development permit, and the certification of any port master plan within the legal geographical boundaries of those portions of the Ports of Hueneme, Long Beach, Los Angeles, and San Diego Unified Port District within the coastal zone except as provided herein.
NOTE

Authority cited: For Subchapter 6 (Sections 13600-13648, not consecutive) Sections 30605, 30501 and 30333, Public Resources Code. Reference: Sections 30605 and 30606, Public Resources Code.
HISTORY

1. New Chapter 8 (Subchapter 2, Sections 13600-13648, not consecutive) filed 2-28-77 as an emergency; effective upon filing (Register 77, No. 10).
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
3. Redesignation of Subchapter 2 (Sections 13600-13648) to Subchapter 6 (Sections 13600-13648) filed 6-21-78; effective thirtieth day thereafter (Register 78, No. 25).
§13601. Port Boundary Maps.
Note     •     History

(a) Port boundary maps adopted pursuant to Section 30710 may be amended from time to time by the Commission only for the following purposes: (1) to correct a clerical mistake or other similar error made in preparing the original map, (2) to enlarge the areas identified as wetlands, estuaries, or recreation areas but only at the request of the Port, or (3) to modify the legal geographical boundary if such boundary is changed.
(b) Amendments to port boundary maps and supporting material shall be transmitted to each port, the district office, other known interested persons and shall be made available for inspection by the public at least seven (7) working days prior to the public hearing conducted pursuant to subsection (c) below. Where reproduction of such map amendments would result in unnecessary delays, distribution of summary maps may be substituted.
(c) Unless additional time is requested by the governing body of any port to supplement the material prepare by the executive director, the commission shall, after reviewing the material prepared by the executive director, and after notice is provided in accordance with Section 13063 at public hearing adopt, certify and file with each port district the amendments to such port boundary maps.
(d) The preparation and/or approval of any maps pursuant to Public Resources Code, Section 30710 and this section is for planning purposes only and not to establish rights of ownership.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30710, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
Article 2. Delineation of an Area as a Wetland, Estuary, or Existing Recreation Area
§13610. Effect of Delineation as a Wetland, Estuary, or Existing Recreation Area.

(a) Until such time as the commission certifies a plan for an area identified as a wetland, estuary, or existing recreation area pursuant to Public Resources Code, Section 30710, any development proposed to be undertaken in such an area shall require a coastal development permit as provided in Chapter 7 of the California Coastal Act of 1976 and these regulations.
(b) A port governing body with jurisdiction over an area identified as a wetland, estuary, or existing recreation area pursuant to Public Resources Code, Section 30710 may choose to either (1) submit a plan for such area to the commission in conjunction with the proposed port master plan pursuant to Public Resources Code, Section 30711, and the procedures for reviewing a port master plan set forth in Article 4 of this subchapter; or (2) submit a plan for such area for inclusion in a local government's local coastal program pursuant to Public Resources Code, Section 30519(b), and the procedures for reviewing a local coastal program set forth in these regulations. Certification of a plan for a wetland, estuary, or existing recreation area identified pursuant to Public Resources Code, Section 30710 shall be governed by policies of Chapter 3 of the California Coastal Act. After final certification of a plan for such an area, any proposed development in the area governed by the plan shall be subject to the procedures governing review of development following certification of a local coastal program as set forth in Public Resources Code, Section 30603 and these regulations.
Article 3. Coastal Development Permits Prior to Certification
§13620. Pre-Certification Coastal Development Permits.
Note     •     History

Prior to certification of a port master plan, any person wishing to undertake a development within the geographical boundaries of a port governed by this subchapter shall obtain a coastal development permit from the commission. Any such development shall be governed by the policies of Chapter 8 of the California Coastal Act of 1976, except in the case of a delineated wetland, estuary, or existing recreation area on the adopted Port Boundary Map or a development identified in Public Resources Code, Section 30715(a)-(f) which shall be governed by the policies of Chapter 3 of the California Coastal Act of 1976.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30715, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
Article 4. Preparation and Review of Port Master Plans
§13625. Contents of a Master Plan.

In order for the commission to be able to certify a port master plan, the plan shall include the following:
(a) Where a port governing body elects, pursuant to Section 13610(b), to include an area identified as a wetland, estuary, or existing recreation area in a port master plan, rather than submit the plan for such an area for inclusion in a local coastal program, the plan for such an area shall indicate how it conforms with the policies of Chapter 3 of the California Coastal Act of 1976 and its adequacy to carry out said policies.
(b) Pursuant to Public Resources Code, Section 30711(a)(4), all proposed developments listed as appealable under Public Resources Code, Section 30715 shall be described in sufficient detail to allow the commission to determine their consistency with the policies of Chapter 3 of the California Coastal Act of 1976. Provided, however, that in the event a proposed development has not reached the stage where it is in sufficient detail to meet his requirement, the port governing body may submit a plan that is comparable to a public works plan under Public Resources Code, Section 30605 and that meets the requirements of Public Resources Code, Section 30605 and these regulations; any project undertaken pursuant to a plan approved in this manner shall meet the requirements of Public Resources Code, Sections 30605, 30606, 30607, and 30607.1.
(c) All other requirements set forth in Chapter 8 of the California Coastal Act of 1976. Where a proposed development described in the master plan has not reached a stage of project definition that would allow the commission to determine consistency with the requirements of Chapter 8 of the California Coastal Act of 1976, the port governing body may request that the commission employ the public works plan procedure set forth in subsection (b) above but subject to the policies of Chapter 8 of the California Coastal Act of 1976 rather than the policies of Chapter 3.
(d) Copies of written comments on the master plan received from any person any responses thereto and a detailed summary of oral testimony given at any hearing on the master plan.
§13626. Notice of Completion.
Note     •     History

After completion of a draft Master Plan or an amendment of a Master Plan, the Port governing body shall issue a notice of completion which contains information which, in the judgment of the executive director of the commission, is of sufficient detail to allow the commission to determine the port governing body's compliance with the provisions of Public Resources Code, Sections 30712 and 30713. The notice of completion shall include a listing of the members of the public, organizations and governmental agencies contacted for comment on the Port Master Plans along with copies of their comments, if any. As used in these regulations, notice of completion means that notice pursuant to Public Resources Code, Sections 30712 and 30713.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30712, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13627. Notice and Public Hearings.
Note     •     History

After publication and submission of the notice of completion pursuant to Public Resources Code, Sections 30712 and 30713, the port governing body shall, after notice distributed in a manner comparable to that provided in Section 13059, hold a public hearing or hearings on a draft master plan adopted pursuant to Public Resources Code, Section 30712 as provided in Public Resources Code Section 30712. Upon the publication or submission of the notice of completion the governing body of the port shall make copies of such plans available upon request to other interested persons. When such master plans cannot be readily duplicated, a detailed summary shall be made available for public distribution and the port shall make complete copies of such plans available for inspection in a reasonable manner by the public. Upon the publication or submission of the notice of completion, the port governing body shall submit copies of the plans to the commission; if the port governing body so desires, such plans may be combined with the draft environmental review documents as provided in Section 13640. Public hearings required pursuant to Public Resources Code, Sections 30712 and 30713 may be combined with any applicable hearings on draft Environmental Impact Reports held pursuant to the California Environmental Quality Act.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30712 and 30713, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13628. Submission of Master Plan by Port.

(a) No master plan shall be deemed submitted to the commission for the purposes of Public Resources Code, Section 30714 until the executive director certifies that it contains or is accompanied by the following:
(1) A notice of completion conforming to Section 13626.
(2) Certification of the conformance to the publication on notice and hearing requirements of Section 13627.
(3) A resolution adopted by the port governing body adopting such plan for the purpose of authorizing its submission to the commission.
(4) Comments and testimony received during the public hearings and response thereto. Where applicable, such comments and responses may be combined with those in subsection (6) below.
(5) Such supporting factual data as necessary for the commission to review the adequacy of the plan to carry out the policies of the California Coastal Act of 1976.
(6) A draft Environmental Impact Report that contains the responses to public comments made during the period for public comment as provided in the California Environmental Quality Act.
(b) The executive director of the commission shall determine whether the material submitted or resubmitted conforms to the requirements of subsection (a) within ten (10) working days of receiving such material. Upon the determination by the executive director that such material is sufficient, the master plan shall be deemed submitted to the commission for the purposes of Public Resources Code, Section 30714. If the executive director determines that such material is not sufficient, the executive director shall inform the port governing body of the determination and the reasons for the determination.
§13629. Informal Commission Review.
History

A port governing body shall be entitled to one preliminary plan review prior to formal submittal. The procedures for conducting the informal review shall be the same as those set forth in Section 13218, governing the informal review of urban exclusion requests. Such review should be consolidated with any commission review of an Impact Report as provided in Section 13645(c).
HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
§13630. Public Hearings.
Note     •     History

At least one public hearing shall be held by the commission after providing notice as provided in Section 13063 on any port master plan submitted pursuant to Public Resources Code, Section 30714 prior to taking final action. No public hearing shall be held prior to the 21st day after submission of the plan. Where practicable, public hearings on a port master plan should be held near the port involved.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30714, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13631. Staff Reports.

Prior to the public hearing provided in Section 13630, the executive director shall provide a summary of the port master plan and the issues presented by such plan to the commission and parties that the executive director has reason to know are interested in the plan. Such report may also contain an initial recommendation as to whether the master plan should be certified in whole or in part or rejected in whole or in part in its form as submitted.
§13632. Certification of Port Master Plan.
Note     •     History

(a) After the close of the public hearing, the executive director shall make a written recommendation to the commission as soon as practicable as to whether the port master plan should be certified in whole or in part or rejected in whole or in part. Such recommendation shall be provided to parties that the executive director has reason to know are interested in the matter prior to the vote by the commission in the same manner as provided in Section 13059.
(b) The recommendation of the executive director shall be written and shall contain proposed findings of fact and conclusions of law to support the recommendation.
(c) The commission shall, by a majority of the members of the Commission present, take action on the port master plan within ninety days of submission pursuant to Public Resources Code, Section 30714.
(d) The commission shall approve a port master plan only if the commission finds that sufficient information has been submitted to allow the commission to determine the adequacy and conformity of the proposed plan(s) with the applicable policies of the California Coastal Act of 1976, pursuant to the requirements of Public Resources Code, Section 30711 and of Section 13625 of these regulations, and that the master plan fulfills the requirements of Public Resources Code, Section 30714(a) and (b). Further, the commission shall make any findings required pursuant to the California Environmental Quality Act. Where a port master plan includes a wetland, estuary or existing recreation area pursuant to Section 13610(b)(1), the commission shall base its findings on adequacy and conformity with the policies of Chapter 3 of the California Coastal Act of 1976.
(e) The certification of a port master plan shall not become effective until the port governing body takes formal action adopting such plan as certified by the commission and the commission has received notice of such action, including the final EIR adopted for such action and the commission has accepted the formal action as consistent with its certification.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30714, Public Resources Code.
HISTORY

1. Amendment of subsections (a) and (c) filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13633. Withdrawal of Master Plan or Postponement of Action on Master Plan.
Note     •     History

(a) At any time before the Commission commences calling the roll for a vote on a port master plan, the port governing body may withdraw the plan from consideration. Withdrawal must be in writing or stated on the record and does not require Commission concurrence. Resubmission of the port master plan pursuant to Public Resources Code Section 30714 shall not take place for 45 days following the request to withdraw.
(b) In addition to the procedures set forth in Section 13633(a), the port governing body may request the Commission to postpone consideration of the plan. Where the port governing body determines that it is not prepared to respond to the staff recommendation at the meeting for which the vote is scheduled, the port governing body shall have one right, pursuant to this section, to postpone the vote to a subsequent meeting. Such a request shall be in writing or stated on the record and shall expressly include a waiver of any applicable time limits for Commission action on the plan.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30714, Public Resources Code.
HISTORY

1. Amendment filed 6-16-82; effective thirtieth day thereafter (Register 82, No. 25).
§13634. Amendment of Port Master Plan Prior to Commission Action.
Note     •     History

If the governing body of a port amends its master plan after submission of its plan pursuant to Public Resources Code Section 30714 and prior to the commencement of the calling of the roll for a vote on any portion of the master plan, the executive director shall determine if such amendment is material and includes changes that have not been the subject of public review and comment before the Commission. If the executive director finds that both of these factors exist, the amendment shall not be considered by the Commission unless a new public hearing is scheduled with a view toward allowing full public participation and attendance at the hearing on the amendment as required by Section 30712. The port governing body shall waive the 90-day time period of Public Resources Code Section 30714 in writing or on the record to permit adequate time for Commission consideration of the amendment and public comments on the amendment. If the executive director finds the amendment is not material or has been the subject of adequate public comment at the public hearing, the Commission, unless it disagrees with the findings of the executive director, shall consider and take action on the amendment rather than the master plan as initially submitted.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30716, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
2. Amendment filed 6-16-82; effective thirtieth day thereafter (Register 82, No. 25).
§13635. Effect of Rejection.

If the commission rejects the submitted master plan in whole or in part, it shall make findings on all portions of the plan deemed insufficient. Those portions that are rejected shall not be resubmitted to the commission pursuant to Public Resources Code, Section 30714 for 90 days following such rejection unless the executive director finds that there is a substantial change in the portion of the master plan that was rejected.
§13636. Amendments to Master Plan After Certification.
Note     •     History

An amendment to the port master plan by the governing body of the port shall not become effective until the commission has certified it in the manner provided in Public Resources Code, Section 30714 for certification of master plans, or after the 10 working day following the date that the executive director has certified such amendment as being minor in nature as provided in Section 13637 of these regulations.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30716, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13637. Minor Amendments.

(a) The governing body of a port may request the executive director of the commission to designate an amendment to the port master plan as being minor in nature pursuant to Public Resources Code, Section 30716(b). Any such amendment shall be submitted to the executive director and shall be accompanied by the same information supporting such amendment as would be required for any other amendment. Notice of such amendment shall be given to all persons who the executive director has reason to know may be interested. No sooner than 15 working days from the date that such notice was transmitted, the executive director shall make a determination as to whether to designate such amendment as minor in nature. Any such determination shall be in writing with findings supporting the determination and the conformance of the amendment with the provisions of this division. The determination shall be transmitted to those receiving notice. No amendment shall be designated minor in nature if it involves significant filling, dredging or diking or a type of use not specifically provided for in the certified master plan or if in the opinion of the executive director the proposed amendment would not be consistent with the provisions of this division, would materially alter any significant condition or situation that formed a basis for certification of the port master plan, would result in any substantial adverse environmental effect, or would have a reasonable risk of producing such a result. An amendment designated as being minor in nature shall not become effective for 10 working days following the designation by the executive director.
(b) Any determination pursuant to subsection (a) shall be reported to the commission at its next regularly scheduled meeting by the executive director.
Article 5. Notification and Appeals After Certification
§13640. Notification of Appealable Developments After Certification of Master Plan.
Note     •     History

After certification of a port master plan, the governing body of the port shall notify the Commission on a form approved by the executive director of the Commission of any appealable development proposed within its jurisdiction during the planning and design phase of the development or as soon as the governing body becomes aware of such proposed development, if the governing body of the port is not involved in the planning or design of such development. Such notice shall include a description of the purpose and design of the development to the extent that is known, and the estimated time when the development will be acted upon by the port governing body.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30715, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13641. Appeals After Certification of Master Plan.
Note     •     History

(a) Upon approval of any appealable development by the port governing body, the port governing body shall notify the Commission, and other interested persons, organizations and governmental agencies of the approval, on a form made available by the executive director of the Commission. Such notification shall include a description of the proposed development, its location, and shall indicate how it is consistent with the certified port master plan and the California Coastal Act of 1976.
(b) The approval of any appealable development by the governing body of the port shall become effective after the 10th working day following receipt of notice by the Commission unless an appeal is filed with the Commission within that time. Any permit issued for an appealable development shall contain a written statement to this effect.
(c) Appeals shall be filed and processed by the Commission in the same manner as appeals from local government actions as set forth in Chapter 7 of the California Coastal Act and Chapter 5 of these regulations. The filing of an appeal shall suspend the effectiveness of the port governing body's approval until the commission takes final action on the appeal. No appealable development shall be commenced until final approval by the commission becomes effective.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30715, Public Resources Code.
HISTORY

1. Amendment of subsection (c) filed 6-16-82; effective thirtieth day thereafter (Register 82, No. 25).
Article 6. Environmental Impact Review--Port Master Plans and Development Undertaken in Port Areas
§13645. Review and Comments on Environmental Documents.

(a) The port governing body shall submit any initial studies, draft Environmental Impact Report, draft Negative Declaration, or draft Environmental Impact Statement concerning the port master plan or, after certification of the port master plan, concerning any development which may be appealed to the Commission pursuant to Public Resources Code Section 30715, to the executive director of the Commission as soon as practicable after such are prepared. For purposes of this subchapter the proposed port master plan and appropriate environmental documents may be submitted as a single combined document, when such document meets the substantive and procedural requirements of both the California Environmental Quality Act and the California Coastal Act of 1976.
(b) The executive director shall:
(1) Review any Initial Environmental Study sent to him or her for consultation purposes, determine what comments should be made on behalf of the commission, and forward such comments to the port governing body; and
(2) Review any draft environmental documents, received either through the State Clearinghouse review process or through other review procedures, determine what comments should be made on behalf of the commission, and forward such comments to the port governing body and the State Clearinghouse.
(c) The commission, in its discretion, may hold a public hearing on any environmental document submitted and direct the staff to make whatever comments, or to obtain whatever additional information, the commission deems appropriate.
§13646. Submission of Final Environmental Impact Reports or Negative Declaration.
Note     •     History

(a) After the port governing body has certified a Final Environmental Impact Report, Environmental Impact Statement, or Negative Declaration, it shall submit such to the commission together with the adopted port master plan. For purposes of this section and to avoid unnecessary duplication, the Environmental Impact Report and Port Master Plan may be submitted as a single document, when such single document meets the substantive and procedural requirements of both the California Environmental Quality Act and the California Coastal Act of 1976.
(b) In the case of an appealable development, the port governing body shall submit the certified Final Environmental Impact Report, Environmental Impact Statement, or Negative Declaration with the notice required by Section 13641.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30715, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13647. Notification of Non-Appealable Developments After Certification.

For developments approved by the commission in a certified master plan, but not appealable, the port governing body shall forward any draft environmental impact report(s) and negative declaration(s) prepared pursuant to the California Environmental Quality Act of 1970 or any draft environmental impact statement(s) prepared pursuant to the National Environmental Policy Act of 1969 to the commission in a timely manner to ensure sufficient time for the commission to comment on such developments prior to approval by the port governing body.
§13648. Effects of Comments.

Comments on environmental documents submitted by the commission or the executive director are intended to aid the port governing body in preparing adequate environmental documents. They do not indicate what action the commission may take with regard to certification of the port master plan or appealable development when submitted to the commission for review, nor do they preclude the commission from requiring additional environmental information in the course of any review process or from taking any action with respect to any development authorized by the California Coastal Act of 1976. 
Chapter 9. Sewage Treatment Works
Subchapter 1. Review of Sewage Treatment Works for Which Request for State and/or Federal Funding Has Been Made to the State Water Resources Control Board
Article 1. Scope
§13650. Scope.
Note     •     History

The provisions of this article are adopted pursuant to the requirements and under the authority of Public Resources Code, Section 30338. The provisions of this Article apply only to permit applications for sewage treatment works for which request for state and/or federal funding has been made to the State Water Resources Control Board.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
HISTORY

1. New Chapter 9 (Sections 13750-13757) filed 7-22-77 as an emergency; effective upon filing (Register 77, No. 30).
2. Repealer of Chapter 9 (Sections 13750-13757) by operation of Section 11422.1, Government Code (Register 78, No. 24).
3. New Chapter 9 (Sections 13650-13658) filed 6-14-78 as an emergency; effective upon filing (Register 78, No. 24).
4. Certificate of Compliance filed 8-10-78 (Register 78, No. 32). 
5. Amendment of note filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13651. Staff Involvement.
Note     •     History

Staff of the Commission shall, to the extent staff resources are available, participate in any pre-project meeting or draft facilities plan meeting conducted in conjunction with a project requesting funding.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
Article 2. Completeness of Application
§13652. Completeness of Application.
Note     •     History

A permit application for such sewage treatment works shall be deemed to be complete only when the application is accompanied by a final Facilities Plan as defined by regulations of the State Water Resources Control Board, including a final Environmental Assessment, final Environmental Impact Report, or adopted Negative Declaration, as appropriate. For purposes of this section, the Facilities Plan shall not be deemed to be final unless the staff of the State Water Resources Control Board advises the Commission in writing that the documents are in final form and unless the final Facilities Plan includes sufficient information to allow an assessment of the financial impact of the funding of such treatment works on all properties in the affected service district(s) located within the coastal zone. Any addendum to or material modification of the final Facilities Plan shall extend the Commission review period an additional thirty (30) days.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
Article 3. Filing, Hearings, and Appeals
§13653. Filing and Hearing Procedures.

The procedures governing the filing and public hearing procedures shall be the same as those set forth in Sections 13053.5-13096 except as specifically modified in this Article.
§13654. Filing of Preliminary Application; Waiver of Preliminary Approval Requirements.
Note     •     History

A preliminary application for such sewage treatment works will be accepted for filing without meeting the preliminary approval requirements of Section 13052 if the following conditions are met:
(1) the application is accompanied by a draft Facilities Plan, including a draft Environmental Assessment, draft Environmental Impact Report, or proposed Negative Declaration;
(2) the applicant agrees to notify the Commission in writing of any proposed adoption of a Negative Declaration for such sewage treatment works at least thirty (30) days prior to adoption of such Negative Declaration;
(3) the applicant agrees to waive any otherwise applicable deadline for the public hearing and vote on the application until sixty (60) days after the filing of a complete application pursuant to Section 13652.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13655. Initial Public Hearing.
Note     •     History

Within 49 days of the filing of the preliminary application submitted pursuant to Section 13654, the Commission shall hold a public hearing on the preliminary application. The Commission shall not close the hearing but shall keep the hearing open until the vote pursuant to Section 13657.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13656. Comments on Draft Environmental Impact Report.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
HISTORY

1. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13657. Commission Vote on the Permit Application.
Note     •     History

Within sixty (60) days of the filing a complete application pursuant to Section 13652, the Commission shall conclude the public hearing on the application and shall vote in the same manner set forth in Section 13073-13096.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
HISTORY

1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§13658. Appeal to the Commission.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
HISTORY

1. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
Chapter 10. Federal Consistency
Subchapter 1. Commission Procedures for Consistency Certifications for Outer Continental Shelf (OCS) Exploration, Development or Production Plans for OCS Related Federal Permits
§13660. Definitions.
Note     •     History

(a) The term “applicant” means any individual, corporation, partnership, association, or other entity organized or existing under the laws of any State, the Federal government, any State, regional or local government, or any entity of such Federal, State, regional or local government, who submits to the Area Supervisor (or other designee of the Secretary of Interior) after August 31, 1978, an OCS plan.
(b) The term “OCS plan” means any plan for the exploration or development of, or production from, any area which has been leased under the Outer Continental Shelf Lands Act, as Amended, (43 U.S.C. #S 1331 et. seq.), and the regulations under that Act, which describes in detail activities requiring a Federal license or permit.
(c) The term “Area Supervisor” means the Pacific Area Oil and Gas Supervisor, Minerals Management Service formerly the United States Geological Survey, Department of the Interior.
(d) The term “Assistant Administrator” means the Assistant Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration, Department of Commerce.
(e) The term “Executive Director” means the Executive Director of the California Coastal Commission.
(f) The term “California Coastal Management Program” (CCMP) means the program approved by the Department of Commerce pursuant to the Coastal Zone Management Act (16 USC Section 1451 et seq.).
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC Section 1456(c); and 15 CFR Part 930 et. seq. as adopted June 25, 1979, 44 FR 37143.
HISTORY

1. New Chapter 10 (Subchapter 1, Sections 13660-13660.11) filed 11-28-78 as an emergency; effective upon filing (Register 78, No. 48).
2. Certificate of Compliance filed 3-28-79 as to emergency filing of 11-28-79 (Register 79, No. 13).
3. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79, No. 13). Certificate of Compliance included.
4. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
§13660.1. Preliminary Consultation.
Note     •     History

(a) As soon as possible, but at least 10 days prior to submission to the Area Supervisor of any plan for the exploration of areas leased under the Outer Continental Shelf Lands Act (43 USC 1331 et seq.), and at least 30 days prior to submission of plans for the development or production of areas leased under that Act, any applicant wishing to undertake such activities in areas adjacent to California waters shall consult with the Executive Director at the state office concerning all the activities required to be described in detail in the OCS plan affecting the land or water uses in the coastal zone.
This shall include, at minimum, activities requiring the following federal approvals:
MMS--Department of the Interior
Approval of offshore drilling operations
Approval of design plans for the installation of platforms
Approval of gathering and flow lines
The following OCS related Federal license or permit activities are encouraged to be included, if they will be required in connection with the OCS activity.
Department of Defense--U. S. Army Corps of Engineers
Permits and licenses required under Sections 9 and 10 of the Rivers Harbors Act of 1899
Permits and licenses required under Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
Permits and licenses required under Section 404 of the Federal Water Pollution Control Act of 1972 and amendments
Permits for artificial islands and fixed structures located on the Outer Continental Shelf (Rivers and Harbors Act of 1899 as extended by 43 U.S.C. 1333(f))
Department of Interior--Bureau of Land Management--MSS
Permits and licenses required for drilling and mining on public lands (BLM)
Permits for pipeline rights-of-way on the Outer Continental Shelf
Permits and licenses for rights-of-way on public lands
Environmental Protection Agency
Permits and licenses required under Sections 402 and 405 of the Federal Water Pollution Control Act of 1972 and amendments
Permits and applications for reclassification of land areas under regulations for the prevention of significant deterioration (PSD) of air quality
Department of Transportation--U.S. Coast Guard
Permits for construction of bridges under 33 USC 401, 491-507 and 525-534
Permits for deepwater ports under the Deepwater Port Act (P.L.93-627)
Federal Energy Regulatory Commission
Certifications required for interstate gas pipelines
Permits or licenses for construction and operation of facilities needed to import, export or transship natural gas or electrical energy
Any other OCS related Federal license or permit activities which are not listed above are also encouraged to be included, if they will be required in connection with the OCS activity.
(b) The Executive Director shall provide the applicant with a copy of the California Coastal Zone Management Plan (“CCMP”) upon request.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC Section 1456(c); and 15 CFR 930.64, 930.75, 930.77 and 930.82.
HISTORY

1. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79, No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
§13660.2. Review of Environmental Report for Sufficiency of Information.
Note     •     History

NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30008(c), Public Resources Code.
HISTORY

1. Repealer filed 3-28-79 as an emergency; effective upon filing (Register 79, No. 13). Certificate of Compliance included. For former history, see Register 78, No. 48.
§13660.3. Submission of Consistency Certification.
Note     •     History

(a) The applicant shall submit to the Area Supervisor who in turn shall submit to the Executive Director: the OCS plan, with accompanying consistency certification and supporting information for all activities required to be described in detail in the plan and identified in Section 13360.1(a) of these regulations, and the environmental report as soon as it is deemed submitted to the Area Supervisor pursuant to 30 CFR 250.34-1(b)(1) for exploration plans or 30 CFR 250.34-2(b)(1) for development and production plans.
(b) The consistency certification shall be in the following form:
The proposed activities described in detail in this plan comply with California's approved coastal management program and will be conducted in a manner consistent with such program.
(c) The applicant shall also include the following supporting information:
(1) a brief assessment relating the probable coastal zone effects of each of the enumerated activities and their associated facilities to the relevant elements of the program policies of the CCMP; and
(2) a brief set of findings derived from the assessment indicating that each of the enumerated activities (e.g. drilling, platform placement) and its associated facilities (e.g. onshore support structures, offshore pipelines), and its primary effects (e.g. air, water, waste discharges, erosion, wetlands, beach access impacts) are consistent with the mandatory provisions of the CCMP.
(d) Upon request of the applicant, the California Coastal Commission staff will provide assistance in preparing the assessment and findings required in Section 13660.3(c)(1) and (2) of these regulations.
(e) The Executive Director may request in writing additional data and information from the applicant if he deems it necessary for a complete and proper review. Such a request shall not extend the date for commencement of Coastal Commission review; however, failure to submit the requested information could result in an objection to the applicant's consistency certification [See Section 13660.8(b)(4)]. The applicant shall comply with such request within 10 days of its receipt or shall indicate within 10 days reasons why the request cannot be complied with.
(f) When the OCS Plan submitted to the Executive Director by the Area Supervisor has deleted confidential and proprietary information, the places where such information has been deleted and the general subject matter of the information shall be identified. Where the Executive Director determines that such confidential and proprietary information is necessary to adequately assess the coastal zone effects of the activities described in the OCS plan and therefore to make a reasoned decision on the consistency of such activities, such information shall be provided after the Executive Director has provided adequate assurance of confidentiality in accordance with the applicable implementing federal regulations (15 CFR Section 930.77 and 30 CFR Part 252). The procedures specified in Section 13660.3(e) apply to the Executive Director's request for confidential and proprietary information.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR Sections 930.58 and 930.77; and 30 CFR Part 252.
HISTORY

1. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79, No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
§13660.4. Staff Summary, Recommendation, and Hearing Notice.
Note     •     History

After receipt of the OCS plan, environmental report, consistency certification and the accompanying findings and assessments and any other information which the Executive Director deems necessary, the Executive Director shall:
(a) Prepare a staff summary and recommendation of the applicants' findings and assessments and send it to the applicant, the Assistant Administrator, the Area Supervisor, and other relevant Federal agencies, local governments, state agencies, and other interested parties. If the vote on the certification is scheduled for a later meeting than the oral hearing, the Executive Director shall prepare a separate staff recommendation according to the requirements of Chapter 5, Article 12 (T. 14 Cal. Adm. Code).
(b) Schedule a Commission public hearing on the applicant's consistency certification, findings and assessments and the staff summary, and recommendation, giving appropriate notice to all interested parties, (as listed in Section 13660.4(a) above), with particular emphasis on informing citizens of the coastal area which will be affected pursuant to the permit regulations in Chapter 5 (T. 14 Cal. Adm. Code) unless specifically changed herein. The Director shall endeavor, where possible, to schedule the public hearing in the affected region. The notice shall announce the availability for inspection of the applicant's consistency certificate and findings. The state and regional agencies responsible for air and water quality compliance shall be notified and provided the opportunity to present their agencies' positions before the Commission hearing. Such hearing shall be set for a regular Coastal Commission meeting not later than the 49th day after receipt of the documents required by Section 13660.3. The Executive Director may, at his discretion, extend for an additional 30 days the 49-day time period for a hearing. All public hearings shall be scheduled with a view toward allowing widespread public distribution of the information contained in the staff's summary and recommendation and toward allowing maximum public participation and attendance at the hearing particularly for the citizens of the affected area, while affording the applicant expeditious consideration of consistency certifications.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30008 and 30621, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.61(a), 930.63, 930.79 and 930.84(a).
HISTORY

1. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79, No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
§13660.5. Contents of Summary and Recommendation.
Note     •     History

The summary shall: (1) list the major activities listed in the OCS plan, for which a consistency certification has been required, (2) discuss the effect of these activities and their associated facilities, on land or water uses in the coastal zone, (3) discuss the consistency of such activities and related effects with the mandatory provisions of the CCMP.
The summary shall also specifically list all other Federal permits for which consistency findings have not been enclosed and for which future consistency certification will be required under Section 13660.11 of these regulations.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Sections 30008 and 30621, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.61(a), 930.63, 930.79 and 930.84(a).
HISTORY

1. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79, No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
§13660.6. Conduct of Hearings on Staff Recommendations on a Consistency Certification.
Note     •     History

The Commission shall conduct de novo hearings on consistency certifications substantially in accordance with the applicable procedures for permit hearings set forth in Chapter 5 (T. 14 Cal. Adm. Code) of these regulations.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.79.
HISTORY

1. Amendment of Section title filed 3-28-79 as an emergency; effective upon filing (Register 79, No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
§13660.7. Consent Calendar Procedures.
Note     •     History

Consistency certifications at the discretion of the Executive Director may be included as a consent calendar item pursuant to Chapter 5, Article 15 (T. 1 Cal. Adm. Code) of these regulations.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code.
HISTORY

1. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79, No. 13). Certificate of Compliance included.
2. Repealer and new section filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
§13660.8. Final Commission Decision.
Note     •     History

(a) The Commission shall issue a decision on whether the applicant's consistency certification complies with the CCMP; i.e., whether it “concurs” or “objects” to the applicant's consistency certification, at the earliest practicable time and in no event more than 6 months from the date of receipt of such consistency certification and required information from the USGS Area Supervisor (see Section 13660.3 of these regulations). If a Commission decision has not been reached within 3 months of such receipt, the Executive Director shall notify in writing the Assistant Administrator, the applicant, the USGS Area Supervisor, and the relevant Federal agencies of the status of review and the basis for further delay.
(b) A Commission decision which objects to an applicant's consistency certification for one or more of the activities described in detail in the OCS plan shall be accompanied by a statement indicating:
(1) the effect which the activity will have on coastal land or water uses in the coastal zone,
(2) how the activity is inconsistent with a mandatory provision of the CCMP,
(3) alternative measures or conditions (if they exist) which would make their proposed activity consistent with CCMP policies,
(4) if a decision to object is based upon grounds that the applicant has failed to provide information requested by the Executive Director, the type of information requested and the necessity of that information for a consistency certification must be described, and
(5) the applicant's right of appeal to the Secretary of Commerce on the grounds that the activity is consistent with the objectives or purposes of the Coastal Zone Management Act or is necessary in the interest of national security.
(c) The Commission shall notify the applicant, the Area Supervisor, the Assistant Administrator, and the relevant Federal agencies of its decision by sending a copy of its Final Decision to them.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.63, 930.64 and 930.79.
HISTORY

1. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79, No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
§13660.9. Appeals Procedure.
Note     •     History

Any applicant may file a notice of appeal of a Commission objection to a consistency certification within 30 days of receipt to the Secretary of Commerce according to the provisions of the Coastal Zone Management Act (16 USC Sec. 1451 et seq.) and the regulations contained in 15 CFR Par 930.120 et seq. The applicant shall send a copy of the notice of appeal and accompanying documents to the Executive Director. The Executive Director shall submit detailed comments to the Secretary of Commerce within 30 days of receipt of the appeal and transmit copies to the applicant, the Area Supervisor, and the relevant Federal agencies. Where the commission meeting schedule allows sufficient time for discussion prior to the 30 day period, these comments shall be the subject of Commission discussion with opportunity for public comment. This procedure shall also be followed if the Secretary of Commerce pursues an independent review of the consistency of an OCS activity.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.120-134.
HISTORY

1. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79, No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
§13660.10. Required Amendments.
Note     •     History

Any amendment to an OCS plan which must be submitted as a result of Commission objection to consistency of an OCS activity shall be processed as if such amendment were a new plan; i.e. Sections 13660.1-.13 of these regulations apply, except that the Commission must make its decision within 3 months of receipt.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.83, 930.84, 930.85 and 930.86.
HISTORY

1. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79, No. 13). Certificate of Compliance included.
2. Amendment of NOTE filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
§13660.11. Multiple Permit Review.
Note     •     History

(a) Applicants are strongly encouraged to include with OCS plans detailed descriptions, consistency certifications, findings and assessments and other supporting data for other OCS-related activities, which require a federal license or permit but are not required to be described in detail in OCS plans by the Secretary of the Interior (e.g., Corps of Engineer permits for the placement of structures on the OCS and for dredging and the transportation of dredged material, Environmental Protection Agency air and water quality permits for offshore operations and onshore support and processing facilities, or the other permits listed in Section 13660.1 of these regulations). Where consistency certifications and related findings and assessments are made for all required Federal permits connected with an OCS plan, the applicant shall so state and consolidated consistency review for these activities will take place at the same time and under the same procedures as review of activities required to be described in detail in OCS plans (Sections 13660.1-.13 of these regulations).
(b) If consistency certifications and related assessments and findings for all OCS related Federal permits are not included with an OCS plan and consistency certification, the applicant shall state which Federal permit activities have not been included. The final decision of the Commission shall state which Federal permit activities have not been included and therefore must be reviewed separately.
(c) The applicant and the Coastal Commission shall comply with Sections 13660-13660.13 of these regulations in processing consistency certifications which have not been included with OCS plans, except that:
(1) As soon as possible, but at least 10 days prior to submission of an application for a Federal permit, the applicant shall consult with the Executive Director concerning OCS-related Federal license or permit activities.
(2) An environmental report as described by 30 CFR 250.34-3(a) and 3(b) need not be submitted, if one which covered the subject permit activity was previously submitted under Section 13660.3 of these regulations, or if the Executive Director is satisfied that the applicant has provided sufficient information concerning the environmental effects of the permit activity to adequately review the project as if it were a coastal permit under the CCMP.
(3) Wherever there is a requirement to notify the Area Supervisor, notification shall also be sent to the appropriate Federal permitting agency.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.82.
HISTORY

1. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79, No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
§13660.12. Associated Coastal Development Permits.
Note     •     History

Where a facility associated with an OCS plan requires a coastal development permit application under the California Coastal Act (e.g. pipeline, marine terminal, onshore support and processing facilities, etc.), the applicant shall notify the Executive Director of the facility's relationship to the OCS plan at the time of submittal of the plan. Where a coastal permit application for such a facility precedes submittal of the OCS plan to the Commission, the applicant shall notify the Executive Director that the facility is associated with a forthcoming OCS plan. If the Executive Director determines that a consolidated review of the applicant's consistency certification and application for a coastal development permit is necessary for complete and proper consideration of the matter, he shall recommend such consideration in whatever manner necessary to comply with applicable time limitations.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.82.
HISTORY

1. New section filed 3-28-79 as an emergency; effective upon filing. Certificate of Compliance included (Register 79, No. 13).
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
§13660.13. Monitoring of Federal Permits.
Note     •     History

Copies of Federal license and permit applications for activities described in detail in an OCS plan, as well as for OCS-related activities, which have received Commission concurrence and which have been requested in the final Commission decision, shall be sent by the applicant to the Executive Director to allow the Commission to monitor the activities.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.86.
HISTORY

1. New section filed 3-28-79 as an emergency; effective thirtieth day thereafter. Certificate of Compliance included (Register 79, No. 13).
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
Chapter 11. Energy Facilities and LCP “Override” Procedures
Subchapter 2. Certified Local Coastal Program (LCP) Amendment “Override” Procedures
§13666. Applicability.
Note     •     History

These procedures are applicable to persons authorized to undertake a public works project or proposing energy facility development that requires LCP amendments provided that the development meets the following two requirements:
(1) unanticipated by the person proposing the development at the time the LCP was before the Commission for certification.
(2) meets the public needs of an area greater than that included in the certified LCP.
All other developments requiring an amendment to the certified LCP shall follow the LCP amendment procedures of the affected local government and the Commission.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code.
HISTORY

1. New Chapter 11 (Subchapter 2, Sections 13666-13666.4) filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).
§13666.1. Information Requirements for Preliminary Determination of Applicability.
Note

A person desiring review according to this subchapter may first submit an LCP amendment application (following the requirements of the affected local government) to the Executive Director with sufficient information setting forth the reasons for the amendment with particular emphasis on the applicability requirements as specified in Section 13666, and how it conforms with the policies of Public Resources Code Section 30200 et seq. The Executive Director shall, within 30 days, review the Local Coastal Program file and the projected scope of this subchapter. A determination of the Executive Director is final and shall be forwarded to the affected local government and the person desiring review.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code.
§13666.2. Submittal to Local Government.
Note

(a) If the Executive Director has preliminarily determined that the development is subject to this subchapter, the application shall first be submitted to the affected local government for an LCP amendment according to applicable requirements. The local government shall make its determination based on factual findings and reasoning supporting the conclusions of law set forth in this subchapter. If the local government fails to amend the LCP within 90 days of submittal, the person submitting such an amendment may file a request for an amendment with the Commission.
(b) If the applicant has not requested a preliminary determination, or if the Executive Director has determined that the override provisions do not apply, the applicant may nevertheless request the Commission to consider the application through an appeal from a final local government decision. The appeal from the local government's decision shall follow local coastal program regulations and additionally include the information requirements of this subchapter in order to advise the Commission that in the applicant's opinion, the development is subject to Section 30515.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code.
§13666.3. Commission Review.
Note

Commission review shall be undertaken only after consultation with the affected local government and review shall be conducted according to the LCP regulations. A local government resolution is not required if the local government fails to act within 90 days as specified in 13666.2(a).
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code.
§13666.4. Required Findings.
Note

(a) If the recommendation is for Commission approval as proposed or modified (i.e., conditioned), the recommendation shall be accompanied by specific factual findings and reasoning which, after a careful balancing of social, economic, and environmental effects, supports the following conclusions:
(1) development meets a public need of a geographic area greater than that included within the certified LCP.
(2) development conforms with and is adequate to carry out the policies of Public Resources Code Section 30200 et seq.
(3) if significant adverse environmental impacts have been identified, reasonable alternatives have been examined, and mitigation measures have been included that substantially lessen any significant adverse environmental impact so that there is no feasible less environmentally damaging way to meet the public need. If the development will have no significant adverse environmental impact, findings shall be included which support that conclusion.
(4) disapproval would adversely affect the public welfare as identified in the findings, declarations, and general provisions of the Coastal Act (Public Resources Code Section 30000 et seq.) and the California Coastal Management Program, if applicable.
(b) If the recommendation is for Commission denial, the recommendation shall state specifically the grounds for denial, based upon the findings and relevant facts which after a careful balancing of social economic and environmental effects support the conclusions listed in Section 13666.4.
NOTE

Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code.
Division 5.6. State Coastal Conservancy
Chapter 1. General Provisions
Article 1. Interpretation of Regulations [Repealed]
NOTE

Authority cited: Section 31102, Public Resources Code. Reference: Chapters 1, 2 and 3 of Division 21, Public Resources Code.
HISTORY

1. New Division 5.6 (Chapters 1-3, Sections 13701-13735, not consecutive) filed 9-29-77 as an emergency; effective upon filing (Register 77, No. 40).
2. New Division 5.6 (Chapters 1-3, Sections 13701-13735, not consecutive) refiled 2-27-78 as an emergency; effective upon filing (Register 78, No. 9).
3. Certificate of Compliance as to filing of 2-27-78 filed 4-17-78 (Register 78, No. 16).
4. Repealer of Article 1 (Sections 13701-13704) filed 11-3-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 45).
§13705. Inspection of Public Records. [Repealed]
Note     •     History

HISTORY

1. Repealer of Article 2 and Section 13705 filed 11-3-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 45).
§13706. Copies and Certification of Public Records.
Note     •     History

Copies of public records may be made and certified by the Conservancy, the expense thereof to be borne by the person or party requesting the same, unless copies for public distribution are already on file.
All requests for copies of Conservancy records shall be made in writing. Such requested shall describe the records with sufficient specificity that the Conservancy may identify and locate the records. Such requests shall also be accompanied by proper payment when required under this section, except where advance payment has been waived by the Executive Officer for good cause. Copies of public records requested in accordance with the above requirements shall be sent to the requesting party within seven working days of the request. If a request, or portion of a request, cannot be satisfied within seven working days, notice to that effect shall be sent to the requesting party within that time.
NOTE

Authority cited: Section 31102, Public Resources Code. Reference: Sections 6253, 6256 and 6257, Government Code.
HISTORY

1. Amendment filed 2-10-82; effective thirtieth day thereafter (Register 82, No. 7).
2. Editorial correction of section heading (Register 82, No. 45).
Chapter 2. Meetings
Article 1. Notice
§13712. Method of Notification.
Note     •     History

Notice of regular meeting of the Conservancy shall be by first class mail or other reasonable means, dispatched not later than 10 days preceding the meeting and containing an agenda listing each item to be considered.
NOTE

Authority cited: Section 31102, Public Resources Code. Reference: Section 11125, Government Code.
HISTORY

1. Repealer of Chapter 2 (Article 1, Sections 13710 and 13711), Article 2 (Sections 13713 and 13714), Article 3 (Sections 13715 and 13715.5), Article 4 (Sections 13716 and 13717), Article 5 (Sections 13720, 13722-13724); renumbering of Article 2 (Section 13712) to Article 1 and amendment of new Article 1 heading; and renumbering of Article 5 (Sections 13718, 13719 and 13721) to Article 2 and amendment of new Article 2 heading filed 11-3-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 45). For prior history, see Register 82, No. 7.
2. Amendment filed 12-26-84; effective thirtieth day thereafter (Register 84, No. 52).
Article 2. Quorum and Procedures
§13718. Quorum.
Note     •     History

For all meetings of the Conservancy, a quorum shall be a majority of the total authorized membership of the Conservancy. No action shall be taken in the absence of a quorum, except that a lesser number of members may continue a meeting or a hearing from time to time until a quorum is present; provided, however, that such a continued meeting or hearing shall not substitute for the requirements of Public Resources Code, Section 31102.
NOTE

Authority and reference cited: Section 31102, Public Resources Code.
HISTORY

1. Editorial correction adding NOTE filed 11-3-82 (Register 82, No. 45).
§13719. Voting--Number Required to Authorize Action.
Note

Except as otherwise required by Division 21 of the Public Resources Code or in these regulations, actions by the Conservancy shall be by affirmative vote of a majority of those members present and constituting a quorum.
NOTE

Authority and reference cited: Section 31102, Public Resources Code.
§13721. Agenda.
Note     •     History

(a) The agenda for regular meetings of the Conservancy shall be set by the executive officer at least 10 days prior to the meeting.
(b) The chairperson may direct that the order of the agenda be altered for any particular meeting, or that any particular item on the agenda be taken out of order when, in the chairperson's opinion, such change is desirable. Any such action may be rejected or modified by a vote of a majority of members present.
NOTE

Authority cited: Section 31102, Public Resources Code. Reference: Section 11125, Government Code.
HISTORY

1. Amendment of subsection (a) filed 12-26-84; effective thirtieth day thereafter (Register 84, No. 52). 
Chapter 3. Officers and Staff
Article 1. Officers [Repealed]
HISTORY

1. Repealer of Article 1 (Section 13730-13732) filed 11-3-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 45).
§13733. Executive Officer--Appointment and Term. [Repealed]
History

HISTORY

1. Repealer of Article 2 heading and Section 13733 filed 11-3-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 45).
§13734. Duties and Delegation of Staff.
Note     •     History

(a) In accordance with the direction and policies of the Conservancy and pursuant to Public Resources Code Section 31103, the executive officer shall administer the affairs of the Conservancy and, subject to approval by the Conservancy, the executive officer shall, on behalf of the Conservancy and in accordance with applicable state and civil service procedures, appoint such other employees as may be necessary to carry out the functions of the Conservancy.
(b) Except as specially provided by resolution, the executive officer may delegate the performance of any of his or her functions but such delegation(s) shall not affect his or her responsibility to see that the directions and policies of the Conservancy are carried out fully and faithfully.
NOTE

Authority cited: Section 31102, Public Resources Code. Reference: Section 31103, Public Resources Code.
HISTORY

1. Editorial correction of section heading (Register 82, No. 45).
2. Repealer of subsection (c) filed 12-26-84; effective thirtieth day thereafter (Register 84, No. 52).
§13735. Acting Executive Officer. [Repealed]
History

HISTORY

1. Repealer filed 11-3-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 45).
Chapter 4. Procurement of Private Architectural or Engineering Services [Repealed]
NOTE

Authority cited: Section 31102, Public Resources Code. Reference: Chapters 1, 2 and 3 of Division 21, Public Resources Code.
HISTORY

1. New Chapter 4 (Section 13740) filed 4-17-78 as an emergency; effective upon filing (Register 78, No. 16).
2. Certificate of Compliance filed 7-7-78 (Register 78, No. 27).
3. Repealer of Chapter 4 (Section 13740) filed 11-3-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 45).
Chapter 5. Procedures for Acquisition of Interests in Real Property [Repealed]
NOTE

Authority cited for Chapter 5 (Sections 13750-13751): Section 31102, Public Resources Code. Reference: Chapters 3, 4, 5, 6, and 8 of Division 21, Public Resources Code.
HISTORY

1. New Chapter 5 (Sections 13750 and 13751) filed 9-28-78; effective thirtieth day thereafter (Register 78, No. 39).
2. Repealer of Chapter 5 (Sections 13750 and 13751) filed 2-10-82; effective thirtieth day thereafter (Register 82, No. 7).
Chapter 6. State Coastal Conservancy--Conflict-of-Interest Code
NOTE: It having been found, pursuant to Government Code Section 11409(a), that the printing of the regulations constituting the Conflict-of-Interest Code is impractical and these regulations being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations:

STATE COASTAL CONSERVANCY
1212 BROADWAY, ROOM 514
OAKLAND, CALIFORNIA 94612

FAIR POLITICAL PRACTICES COMMISSION
1100 K STREET
SACRAMENTO, CALIFORNIA 95814

ARCHIVES
SECRETARY OF STATE
1020 O STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict-of-Interest Code is designated as Chapter 6, Division 5.6 of Title 14 of the California Code of Regulations, and consists of sections numbered and titled as follows:

Chapter 6. State Coastal Conservancy--Conflict-of-Interest Code

	Section 

	13800.	General Provisions
		Appendix A
		Appendix B
NOTE

Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300 et seq., Government Code.
HISTORY

1. New Chapter 6 (Sections 13800-13809) filed 11-6-79; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 8-8-79 (Register 79, No. 45).
2. Repealer of Chapter 6 (Sections 13800-13809) and new Chapter 6 (Section 13800 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Amendment of Appendix filed 12-3-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 8-31-81 (Register 81, No. 49).
4. Amendment of section and Appendix filed 9-26-95; operative 10-26-95. Approved by Fair Political Practices Commission 8-18-95 (Register 95, No. 39).
5. Amendment of general provisions and appendix filed 9-20-2005; operative 10-20-2005. Approved by Fair Political Practices Commission 7-23-2005 (Register 2005, No. 38).
6. Amendment of chapter heading and general provisions and redesignation and amendment of portions of former appendix as new appendices A and B filed 10-18-2010; operative 11-17-2010. Approved by Fair Political Practices Commission 8-17-2010 (Register 2010, No. 43). 
Chapter 7. Experimental Fishing Gear Loan Program
Article 1. Authority and Purpose
§13850. Authority.
Note     •     History

This chapter is adopted pursuant to Section 31125.6(c) of the Public Resources Code (enacted as Section 8 of the Nearshore Gill and Trammel Net Fishery Mitigation Act, Chapter 910, Statutes of 1986, hereinafter called the “Act”) in order to develop and implement, interpret and make specific the provisions contained in Sections 3.5, 5 through 10, 13, and 14 of the Act, and Sections 7 through 10 of Chapter 1298 of the Statutes of 1987, amending the Act, regarding the establishment and operation of a low-interest loan program to finance the development and operation of alternative fishing gear for use in nearshore waters within the coastal zone north of Point Conception where restrictions on the use of gill and trammel nets exist pursuant to Section 4 of the Act, and Section 3 of Chapter 1298 of the Statutes of 1987.
NOTE

Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664.12(a) and (b), Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.
HISTORY

1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-9-87. Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4-4-88 (Register 88, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88 (Register 88, No. 32).
§13851. Purpose.
Note     •     History

Through the Act, and further through Section 3 of Chapter 1298 of the Statutes of 1987, the Legislature placed severe restrictions on the use of gill and trammel nets in nearshore waters of the Coastal Zone north of Point Conception in order to provide protections for marine bird and mammal populations. These restrictions will have an adverse economic impact on commercial fishing operators which previously utilized gill and trammel nets in the affected areas. In order to provide for commercial fishing in the restricted areas, the Act establishes a program for the development of alternative fishing gear, including an experimental gear permitting program and a monitoring and study program to be carried out by the California Department of Fish and Game. Additionally, the Act directs the State Coastal Conservancy to develop and implement a low-interest loan program to enable commercial fishing operators to acquire experimental equipment which will reduce impacts on non-target species when used in the restricted areas.
The restrictions on the use of gill and trammel nets became effective immediately under the Act. The additional restrictions of Section 3 of Chapter 1298, Statutes of 1987 also became effective immediately. In order to reduce the adverse economic impacts to commercial fishing operators financing the acquisition of alternative fishing gear before the 1988 fishing season, it is necessary that this chapter, as amended, take effect immediately. Section 8 of the Act (Public Resources Code Section 31125.6(c)) directs the Conservancy to adopt emergency regulations for the loan program and provides that the regulations become effective upon adoption.
The purpose of this chapter is to ensure the consistent and fair processing and approvals of loans made by the Conservancy, with appropriate input from other state agencies, affected parties and interested members of the public. These regulations delegate to the Executive Officer approval of loans, and specify parameters, criteria and procedures to be followed by the Conservancy in evaluating, approving, rejecting, and terminating loans. The Conservancy will be assisted in establishing and operating the loan program by the Department of Fish and Game, the Department of Commerce, active commercial fishing operators and representatives of the commercial fishing industry.
NOTE

Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664.12(a) and (b), Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code; Ch. 910, Stats. 1986, Section 2; and Ch. 1298, Stats. of 1987, Section 11.
HISTORY

1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-9-87. Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4-4-88 (Register 88, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88 (Register 88, No. 32).
§13852. Emergency; Effective Date.
Note     •     History

This chapter is being adopted and amended as an emergency regulation in accordance with the mandate of Section 8 of the Act (Public Resources Code Section 31125.6(c)) and pursuant to findings made by the Conservancy on May 22, 1987, and March 18, 1988.
Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
NOTE

Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664.12 (a) and (b), Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code; and Ch. 1298, Stats. of 1987, Section 15.
HISTORY

1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-9-87. Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4-4-88 (Register 88, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88 (Register 88, No. 32).
Article 2. Loan Program Establishment and Operation
§13860. Definitions.
Note     •     History

The following definitions apply to the terms used in this Chapter:
Act-- means the Nearshore Gill and Trammel Net Fishery Mitigation Act (Chapter 910, Statutes of 1986) as amended by Sections 8 through 10 of Chapter 1298 of the Statutes of 1987;
Department-- means the California Department of Fish and Game (CDFG);
Director-- means the Director, California Department of Fish and Game;
Conservancy-- means the State Coastal Conservancy;
Executive
 Officer-- means the Executive Officer of the Conservancy;
Restrictions-- means the restrictions placed on the use of gill and trammel nets in certain coastal waters of the State of California as set forth in Section 4 of the Act (Fish and Game Code Section 8664.5(a), (b) and (c)), and in Section 3 of Chapter 1298 of the Statutes of 1987 (Fish and Game Code Section 8664.8);
Restricted
 Areas--  means subject to the Restrictions;
Loan 
 Program-- means the loan program described herein pursuant to Sections 3.5, 6 and 7 of the Act (Fish and Game Code Section 3613(d), 8614(b) and (c), 8615; Public Resources Code Sections 31125 and 31125.5) as amended by Section 7 of Chapter 1298 of the Statutes of 1987 (Fish and Game Code Section 8664.12);
Permittee-- means a commercial fishing operator issued an experimental gear permit by the California Department of Fish and Game, pursuant to Sections 3 and 3.5 of the Act (Fish and Game Code Sections 8612, 8613 and 8614) or pursuant to Section 4 of Chapter 1298 of the Statutes of 1987 (Fish and Game Code Section 8664.9);
Permit-- means an experimental gear permit issued by the California Department of Fish and Game pursuant to Sections 3 and 3.5 of the Act (Fish and Game Code Sections 8612, 8613 and 8614) or pursuant to Section 4 of Chapter 1298 of the Statutes of 1987 (Fish and Game Code Section 8664.9).
NOTE

Authority cited: Sections 31102 and 31125.6(c), Public Resources Code, Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664.12 (a) and (b), Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.
HISTORY

1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-9-87. Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4-4-88 (Register 8, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88 (Register 88, No. 32).
§13861. Coordination and Consultation.
Note     •     History

The Conservancy, with the participation of representatives of the Department and the Department of Commerce, shall meet with representatives of commercial fishing organizations selected by the Director that have been affected by the restrictions to explain permit requirements, loan application procedures, employment training opportunities, and any other requirements and available funding sources that may be necessary to carry out the Loan Program.
If a Permittee seeks a loan, the Department shall forward the application to the Conservancy once the Permit is issued by the Department. The Conservancy shall review the application consistent with the eligibility criteria, loan limits, rates and terms, and procedures described in these regulations.
NOTE

Authority cited: Public Resources Code, Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.
HISTORY

1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-9-87. Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88 (Register 88, No. 32).
§13862. Eligibility Criteria.
Note     •     History

(a) Loan applications submitted to the Conservancy shall be accompanied by either:
(1) Proof of a Permit approved by the Fish and Game Commission and issued to the loan applicant by CDFG pursuant to Sections 3 and 3.5 of the Act; or
(2) Proof of a Permit issued by CDFG with the advice of the Nearshore Research Advisory Committee pursuant to Section 4 of Chapter 1298 of the Statutes of 1987.
(b) Loan applications submitted to the Conservancy shall be accompanied by proof of fish landings of target species by the loan applicant from Restricted areas. Such proof shall be in the form of landing receipts issued to applicant under Section 8011 of the Fish and Game Code.
(c) For loan applications for funds allocated under Public Resources Code Section 31125(b)(2) for experimental gear used in portions of District 18 where restrictions on gill and trammel nets exist under Fish and Game Code Section 8664.5, such applications shall be accompanied by proof of issuance of a Permit for use within the area north of the line due west of Point Sal in Santa Barbara County and proof of landings of halibut taken in an area between a line due west of Point Sal in Santa Barbara County and a line due west of Point Sur in Monterey County between January 1, 1981 and June 1, 1986. Such proof shall be in the form of landing receipts issued to applicant under Section 8011 of the Fish and Game Code.
(d) All loan applications submitted with a permit issued pursuant to Section 4 of Chapter 1298 of the Statutes of 1987 must also be accompanied by the following:
(1) Proof that the Permittee possessed a special permit which was issued pursuant to Fish and Game Code Section 8610 as it read before the enactment of Chapter 1245 of the Statutes of 1986 on September 26, 1986; and
(2) Proof of either of the following:
(A) That prior to September 28, 1987 the Permittee filed an appeal of a denial of a special permit pursuant to former Section 8610 as it read prior to its repeal; or
(B) That the Permittee's special permit is impacted by the restrictions on fishing imposed by Section 3 of Chapter 1298 of the Statutes of 1987, which proof can be provided in either of the following two forms:
1. Landing receipts issued to the Permittee pursuant to Section 8011 of the Fish and Game Code which verify that the Permittee caught and landed at least 500 pounds of halibut, 1000 pounds of white croaker, 500 pounds of shark, 500 pounds of starry flounder or 2000 pounds of any combination of the above species in Districts 10 and 17 during the 1986-87 or 1987-88 permit year; or
2. Evidence that prior to September 28, 1987 the Permittee filed with the Fish and Game Commission an appeal of a denial of a special permit, pursuant to former Fish and Game Code Section 8610 as it read prior to its repeal, and that such appeal was upheld by the Commission.
(e) The credit worthiness of the applicant shall be considered in determining the eligibility of a loan applicant. The determination of credit worthiness shall be in the sole discretion of the Conservancy which shall utilize standard lending practices in investigating and in determining credit worthiness.
NOTE

Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664.9, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.
HISTORY

1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-9-87. Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4-4-88 (Register 88, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88 (Register 88, No. 32).
§13863. Loan Limits, Rates and Terms.
Note     •     History

(a) The total amount of funds which will be loaned under the Loan Program will not exceed $450,000.00.
(b) Out of that part of the $450,000 that remains unencumbered on April 1, 1988 no more than $100,000 in funds shall be allocated to the Loan Program.
(c) Until January 1, 1989, priority will be given to applicants with a Permit issued pursuant to Sections 3 and 3.5 of the Act. After January 1, 1989 no preference will be given to any applicant on the basis of Permits issued pursuant to Section 3 and 3.5 of the Act or Permits issued pursuant to Section 4 of Chapter 1298 of the Statutes of 1987.
(d) No new loans shall be executed under the Loan Program on or after January 1, 1990.
(e) Loan terms shall be established within the following parameters:
(1) The annual interest on the loan shall not exceed six (6) percent per annum, compounded annually.
(2) The term of the loan shall not exceed the useful life of the equipment to be purchased or used, but in no case shall the term exceed seven (7) years.
(3) No loan applicant shall receive a loan in excess of $50,000 without specific approval of the Board of the Conservancy.
(f) Subject to the parameters set forth in the immediately preceding subsection, the Conservancy shall determine the annual interest rate, loan term, period between payments, payment schedule, security and other loan terms for each loan. The criteria for determining loan terms shall be:
(1) The credit worthiness of the applicant;
(2) The public benefits to be gained from the implementation of an experimental fishing gear permit;
(3) The economic risks to the loan applicant; and
(4) The amount of new information the operation of the gear will provide to the management of the fishery and the protection of other marine resources.
NOTE

Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code; and Ch. 1298, Stats. 1987, Section 13.
HISTORY

1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-9-87. Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4-4-88 (Register 88, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88 (Register 88, No. 32).
§13864. Applications and Disbursements.
Note     •     History

The Conservancy shall review the loan application and accompanying materials and notify the applicant that the Conservancy is reviewing the alternative fishing gear loan request. The notification shall include the terms of the proposed loan. The Conservancy shall negotiate the final terms and conditions of the loan with the applicant.
Upon approval of the loan by the Conservancy, and upon the submittal by the applicant of adequate documentation of equipment availability and cost, the Conservancy shall authorize the disbursement of loan proceeds to the applicant.
NOTE

Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.
HISTORY

1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-9-87. Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88 (Register 88, No. 32).
§13865. Terminations and Buyback.
Note     •     History

(a) Revocation of permits. If a Permit is revoked by the Department and the Permittee has an outstanding loan with the Conservancy, the unpaid balance of the loan shall be excused from the date of revocation if the Permittee returns the experimental fishing gear financed in whole or in part with the loan to the Department, in which case the Department shall take possession of the experimental fishing gear for the Conservancy.
Notwithstanding the above, if at the time of revocation the Legislature has approved the permanent use of the type of gear, the Permittee shall be responsible for any remaining balance on any outstanding loan with the Conservancy.
(b) Voluntary Termination Within Six Months. Pursuant to Section 3.5 of the Act (Fish and Game Code Section 8615(a)), within the first six months of operation pursuant to a Permit and after a reasonable and concerted effort to utilize a new type of commercial fishing gear, the Permittee may request that the Permit be terminated if it is economically infeasible to harvest the target species or if the experimental gear is impractical, inefficient, or ineffective within the fishery or regional area selected.
If the Department terminates the Permit and submits its findings to the Conservancy, the Conservancy may terminate the Permittee's loan. If the Department terminates the Permit under Fish and Game Code Section 8615(a)(2), and if the Permittee returns the experimental fishing gear financed in whole or in part with the loan to the Department, the Conservancy shall reimburse the Permittee from the loan fund for the principal amount of the loan payments made by the Permittee. If the Department terminates the Permit under Fish and Game Code Section 8615(a)(3), and if the Permittee returns the experimental fishing gear financed in whole or in part with the loan to the Department, Conservancy may reimburse the Permittee for any loan payments made.
(c) Voluntary Termination After Six Months. If the Department terminates the experimental gear permit after six (6) months or more of operation, the Conservancy may terminate the remaining balance on the loan if the Permittee returns the experimental fishing gear to the Department, but it shall not reimburse the Permittee for any loan payments made.
NOTE

Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.
HISTORY

1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-9-87. Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88 (Register 88, No. 32).
§13866. Disposition of Funds.
Note     •     History

Funds returned to the Conservancy under the Loan Program, whether from loan payments, proceeds of sale of experimental fishing gear or otherwise, shall be returned to the State Coastal Conservancy Fund for appropriation and expenditure for the purposes of Division 21 of the Public Resources Code.
NOTE

Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31011, 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.
HISTORY

1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-9-87. Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88 (Register 88, No. 32).
§13867. Repeal of Regulations.
Note     •     History

These regulations are automatically repealed as of January 1, 1990.
NOTE

Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.
HISTORY

1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-9-87. Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4-4-88 (Register 88, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88 (Register 88, No. 32).
§13868. Exercise of Authority.
Note     •     History

Except as expressly set forth herein, all actions, approvals and authority by and of the Conservancy under these regulations shall be taken, given and exercised by the Executive Officer of the Conservancy pursuant to delegations of authority by the Board of the Conservancy on May 22, 1987 and March 18, 1988.
NOTE

Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.
HISTORY

1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-9-87. Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4-4-88 (Register 88, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88 (Register 88, No. 32).
Chapter 8. Contracting Process for Private Architectural, Engineering, Environmental, Land Surveying or Construction-Project Management Firms
Article 1. General Provisions
§13870. Definitions.
Note     •     History

As used in these regulations:
(a) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, engineering, environmental services, land surveying, or construction-project management.
(b) “Executive Officer” means the Executive Officer of the California State Coastal Conservancy or his or her designee, as the person authorized to contract for architectural, landscape architectural, engineering, environmental, land surveying and construction-project management services on behalf of the State Coastal Conservancy.
(c) “Architectural, landscape architectural, engineering, and land surveying services,” “construction-project management” and “environmental services” have the respective meanings set forth in section 4525 of the Government Code.
(d) “Contractor” means a person, regardless of race, color, sex, ethnic origin or ancestry, or any firm, partnership, corporation, or combination thereof, whether or not a minority or women business enterprise, that offers to perform or enters into a contract to provide architectural, landscape architectural, engineering, environmental, land surveying, or construction-project management services, on behalf of the State of California.
(e) The terms “disabled veteran” and “disabled veteran business enterprise (DVBE) shall have the respective meanings set forth in sections 999(f) and (g) of the Military and Veterans Code. The terms “minority,” “minority business enterprise” (MBE), “woman business enterprise” (WBE), and goal” shall have the respective meanings set forth in section 10115.1 of the Public Contract Code.
(f) “M/WBE” means minority business enterprise and/or women business enterprise. 
(g) “Small Business Firm” has the meaning set forth in section 14837(c) of the Government Code.
(h) “Good faith effort” means that a contractor has taken all of the steps listed below:
(1) Made contact with the Conservancy to identify D/VBEs.
(2) Made contact with other state and federal agencies, and with local D/VBE organizations to identify D/VBEs and M/WBEs.
(3) Advertised in trade papers and papers focusing on D/VBEs unless the Conservancy's time limits do not allow.
(4) Submitted to D/VBEs invitations to bid or other offers to contract.
(5) Considered available D/VBEs.
NOTE

Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Section 10115.3(b), Public Contract Code. Reference: Sections 4525 and 14837(c), Government Code. Sections 10115, 10115.1 and 10115.2, Public Contract Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.  6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order including amendment resubmitted to OAL 11-20-90, approved and filed 12-19-90  (Register 91, No. 10).
3. Change without regulatory effect amending section filed 5-13-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 20).
4. Change without regulatory effect amending subsections (h)(1)-(5) filed 10-2-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 40).
Article 2. Procedures for Procuring Services
§13875. Publication of Announcement.
Note     •     History

(a) The Executive Officer shall annually publish an announcement of expected needs for services of an architectural, landscape architectural, engineering, land surveying, environmental or construction-project management nature. The announcement shall be made in a statewide publication of the respective professional societies and in the State Contracts Register.
(b) The announcement shall contain the following information:
The contract identification number, a description of the work to be performed; all submission deadlines for statements of qualification and other required steps in the contract process, including the location and estimated duration of the contract, where appropriate; any eligibility requirements and preferences; a statement that the contract will be awarded without discrimination based on race, color, religion, sex or national origin; and the department, name, and telephone number of the person or persons to contact for further submittal information.
NOTE

Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Reference: Sections 4526, 4527, 14827 and 14827.2, Government Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.  6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order including amendment of subsections (a) and (b) and deletion of subsection (c), resubmitted to OAL  11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
3. Change without regulatory effect amending subsection (a) filed 5-13-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 20).
§13876. Selection Criteria.
Note     •     History

The Executive Officer shall select contractors based on the following criteria:
(1) demonstrated competence, including the firm's past experience with similar projects; the education and experience of key personnel, including principals to be assigned and the proposed level of their participation; the firm's capability to adequately analyze the project; the firm's ability to meet the project schedule; the longevity of the firm and amount of staff turnover; and the nature and quality of the firm's past completed work.
(2) specialized qualifications for the services to be performed;
(3) small business status of the contractor submitting a statement of qualification;
(4) D/VBEs status of a contractor submitting a statement of qualification; and 
(5) the good faith effort of the contractor to subcontract with D/VBEs to assist the Conservancy in its efforts to meet statewide participation goals for D/VBEs as set forth in Public Contract Code section 10115. These factors shall be weighed by the Executive Officer according to the nature of the project, the needs of the Conservancy, and the complexity and special requirements of the specific project. 
NOTE

Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Section 10115.3(b), Public Contract Code. Reference: Sections 4526 and 4527, Government Code. Section 10115.2, Public Contract Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.  6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order, including amendment of subsection (a) and deletion of subsection (b), resubmitted to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
3. Change without regulatory effect amending subsections (4) and (5) filed 5-13-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 20).
4. Change without regulatory effect amending subsections (h)(4)-(5) filed 10-2-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 40).
§13877. Selection of Architectural, Landscape Architectural Engineering, Environmental, Land Surveying and Construction-Project Management Firms.
Note     •     History

For each proposed project, the Executive Officer shall evaluate statements of qualifications and performance data on file with the Conservancy, together with those statements that may be submitted by other firms regarding a proposed project. The Executive Officer shall then request any other necessary information from, and conduct discussions with, no fewer than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. To the maximum extent feasible consistent with the criteria established under section 13876, small businesses and D/VBEs that have submitted statements of qualification to the Conservancy shall be included among the firms with which these discussions are conducted. From the firms with which discussions are held, the Executive Officer shall select no fewer than three, in order of preference, based upon the criteria established in section 13876, determined to be the most highly qualified to provide the services required.
NOTE

Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.  6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order including amendment resubmitted to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
3. Change without regulatory effect amending section heading and section filed 5-13-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 20).
4. Change without regulatory effect amending section filed 10-2-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 40).
§13878. Negotiation of Contracts.
Note     •     History

The Executive Officer shall attempt to negotiate a contract with the best qualified firm at compensation whichthe Executive Officer determines is fair and reasonable to the State of California. If the Executive Officer is unable to do so, negotiations with that firm shall be terminated. The Executive Officer shall then proceed in the same fashion with the other firms on the list established by the Executive Officer pursuant to section 13877, in order of ranking. If the Executive Officer is unable to negotiate a satisfactory contract with any of the selected firms, the Executive Officer may select additional firms in the manner prescribed above and continue the negotiation process.
NOTE

Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.  6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order including amendment resubmitted to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
§13879. Emergency. [Repealed]
Note     •     History

NOTE

Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Reference: Section 4526, Government Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90. 
2. Certificate of Compliance as to 2-2-90 order transmitted to OAL 5-10-90, disapproved by OAL on 6-11-90 (Register 90, No. 34). Repealed by operation of Government Code section 11346.1(g), effective 6-11-90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order resubmitted to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
§13880. Small Business Participation.
Note     •     History

The Executive Officer shall provide to small business firms that have indicated an interest copies of announcements for projects. Failure of the Executive Officer to send a copy of an announcement to any firm shall not invalidate any contract.
NOTE

Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.  6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order including repeal of former section 13880,  and renumbering and amendment of former section 13881 to section 13880, resubmitted to OAL  11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
§13881. Unlawful Activities and Conflict of Interest.
Note     •     History

Practices which might result in unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration are prohibited. Additionally, a Conservancy employee shall not participate in the selection process if the employee has a relationship of a type specified in section 87100 of the Government Code, with a person or business entity seeking a contract subject to this chapter.
NOTE

Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Reference: Section 4526, Government Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.  6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order, including renumbering and amendment of former section 13881 to section 13880 and renumbering of former section 13882 to section 13881, resubmitted to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
§13882. Unlawful Activities and Conflict of Interest. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Section 87100, Government Code. Reference: Section 4526, Government Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order transmitted to OAL 5-10-90, disapproved by OAL on 6-11-90 (Register 90, No. 34). Repealed by operation of Government Code section 11346.1(g), effective 6-11-90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order including renumbering of former section 13882 to section 13881, resubmitted to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
Article 3. Disabled Veteran Business Enterprise Participation Goals for Contracts with Private Architectural, Landscape Architectural, Engineering, Land Surveying, Construction-Project Management, and Environmental Services Firms
§13890. Disabled Veteran and Minority and Women Business Enterprise Goals.
Note     •     History

Contracts awarded under this chapter shall have statewide participation goals of not less than three (3) percent for DVBEs as specified in Public Contract Code section 10115.
NOTE

Authority cited: Section 31102, Public Resources Code. Section 10115.3(b), Public Contract Code. Section 4526, Government Code. Reference: Section 10115, Public Contract Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90. 
2. Certificate of Compliance as to 2-2-90 order transmitted to OAL 5-10-90, disapproved by OAL on 6-11-90 (Register 90, No. 34). Repealed by operation of Government Code section 11346.1(g), effective 6-11-90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order including amendment resubmitted to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
4. Change without regulatory effect amending article heading, section heading and section filed 5-13-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 20).
5. Change without regulatory effect amending article 3 heading and section filed 10-2-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 40).
§13891. Certification.
Note     •     History

If a contractor proposes to utilize a D/VBE, the contractor shall execute the following certification: “I hereby certify that, to the best of my knowledge and belief, each firm listed as a DVBE meets the relevant definition set forth in section 999(g) of the Military and Veterans Code and has been certified as such by the Office of Small Business Certification and Resources.” M/WBE meets the relevant definition set forth in Public Contract Code section 10115.1.”
NOTE

Authority cited: Section 31102, Public Resources Code. Section 10115.3(b), Public Contract Code. Section 4526, Government Code. Reference: Sections 10115, 10115.1, 10115.2, Public Contract Code. Section 4527, Government Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90. 
2. Certificate of Compliance as to 2-2-90 order transmitted to OAL 5-10-90, disapproved by OAL on 6-11-90 (Register 90, No. 34). Repealed by operation of Government Code section 11346.1(g), effective 6-11-90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order including repeal of former section 13891, and renumbering and amendment of former section 13892 to section 13891, resubmitted to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
4. Change without regulatory effect amending section filed 5-13-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 20).
5. Change without regulatory effect amending section filed 10-2-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 40).
§13892. Contract Audits.
Note     •     History

All contacts awarded by the Conservancy in accord with this chapter shall include a provision which in substance provides the following:
The Conservancy or its delegatee may review, obtain, and copy all records pertaining to performance of the contract. The contractor shall provide the Conservancy or its delegatee with any relevant information requested and shall permit the Conservancy or its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with Public Contract Code section 10115 et seq., and title 14, California Code of Regulations, section 13870, et seq. The contractor shall maintain these records for a period of three years after final payment under the contract.
NOTE

Authority cited: Section 31102, Public Resources Code. Section 10115.3(b), Public Contract Code. Section 4526, Government Code. Reference: Sections 10115 and 10115.3(a), Public Contract Code. Sections 4526 and 10532, Government Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90. 
2. Certificate of Compliance as to 2-2-90 order, transmitted to OAL 5-10-90, disapproved by OAL on 6-11-90 (Register 90, No. 34). Repealed by operation of Government Code section 11346.1(g), effective 6-11-90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order including renumbering and amendment of former section 13892 to section 13891 and renumbering and amendment of former section 13893 to section 13892, resubmitted to OAL on 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
§13893. Adjudicatory and Investigatory Procedures.
Note     •     History

Nothing in these regulations shall be construed to impair the right of the State of California in any respect to initiate adjudicatory or investigatory procedures available under existing provisions of law or otherwise lawfully available for the purpose of ensuring compliance with the requirements of Public Contract Code section 10115, et seq., and attendant rules and regulations.
NOTE

Authority cited: Section 31102, Public Resources Code. Section 10115.3(b), Public Contract Code. Section 4526, Government Code. Reference: Sections 10115 and 10115.3(a), Public Contract Code. Section 4526, Government Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90. 
2. Certificate of Compliance as to 2-2-90 order transmitted to OAL 5-10-90, disapproved by OAL on 6-11-90 (Register 90, No. 34). Repealed by operation of Government Code section 11346.1(g), effective 6-11-90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order including renumbering and amendment of former section 13893 to section 13892 and renumbering and amendment of former section 13894 to section 13893, resubmitted to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
§13894. Exemption for Certain Contracts. [Repealed]
Note     •     History

NOTE

Authority cited: Section 31102, Public Resources Code. Section 10115.3(b), Public Contract Code. Section 4526, Government Code. Reference: Sections 10115 and 10115.2(c), Public Contract Code. Section 4526, Government Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order transmitted to OAL 5-10-90, disapproved by OAL on 6-11-90 (Register 90, No. 34). Repealed by operation of Government Code section 11346.1(g), effective 6-11-90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order including renumbering and amendment of former section 13893 to section 13892 and renumbering and amendment of former section 13895 to section 13894, resubmitted to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
4. Change without regulatory effect repealing section filed 5-13-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 20).
§13895. Exemption for Certain Contracts. [Renumbered]
Note     •     History

NOTE

Authority cited: Section 31102, Public Resources Code. Sections 10115.2(c), 10115.3(b), Public Contract Code. Section 4526, Government Code. Reference: Sections 10115, 10115.2, Public Contract Code. Section 4527, Government Code.
HISTORY

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order transmitted to OAL 5-10-90, disapproved by OAL on 6-11-90 (Register 90, No. 34). Repealed by operation of Government Code section 11346.1(g), effective 6-11-90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order including renumbering and amendment of former section 13895 to section 13894 resubmitted to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
Division 5.7. Santa Monica Mountains Conservancy
Chapter 1. Project Plans
§13905. Content of Project Plans.
Note     •     History

Depending on the type of project, all or part of the following shall be required:
(a) A concise description of the project site, including site maps, topographic maps, soils and geological hazard maps, as appropriate, and a regional location map.
(b) A listing of the governmental entities with jurisdiction over the project.
(c) A statement of the planning objectives and principles sought to be achieved by the project. The statement shall include a discussion of the comparability of the project with all applicable local land use plans, its conformity with the Santa Monica Mountains Comprehensive Plan, and whether amendments to either local plans or the Comprehensive Plan are required.
(d) A designation of and plan for the various land uses proposed. Where applicable, this shall include a site building plan or information concerning how such a site plan will be determined. The project plan may include additional development guidelines, proposed conditions, covenants and restrictions, and provision for plan flexibility in light of changing circumstances.
(e) A detailed site analysis need not be prepared for the project plan unless it is material to the determination of whether the Conservancy should embark on the project. In any case a detailed site analysis shall be performed prior to actual development of any property acquired.
(f) A listing of the government agencies, organizations and private parties consulted in the preparation of the project plan.
(g) An analysis of the economic feasibility of the proposed project.
NOTE

Authority cited: Section 33209, Public Resources Code. Reference: Section 33200, et seq., Public Resources Code.
HISTORY

1. New Chapter 1 (Section 13905) filed 3-8-82; effective thirtieth day thereafter (Register 82, No. 11). For prior history, see Chapter 5 (Sections 14004-14015): Registers 81, No. 47 and 80, No. 20.
Chapter 2. Santa Monica Mountains Conservancy--Conflict of Interest Code
§13950. General Purpose.

The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the Santa Monica Mountains Conservancy.
Designated employees shall file statements of economic interests with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements of Conservancy Members and the Chief Executive Officer, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the agency.
Definitions
Jurisdiction--refers to the Santa Monica Mountains Zone as defined by Public Resources Code Section 33105

Appendix B

		Disclosure
	Designated Position	Category
	Conservancy Members	1, 2, 3
	Executive Director	1, 2, 3
	Deputy Director	1, 2, 3
	Staff Counsel(s)	1, 2, 3
	Division Chief(s)	1, 2, 3	  Deputy Division Chief(s)	1, 2, 3
	Conservancy Advisory Committee Members	1, 2, 3
	Consultants*	1, 2, 3

Appendix C
General Provisions
When a designated employee is required to disclose investments and business positions, and sources of income, he/she need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction, or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. 
Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix B.
Disclosure Categories
Category 1: All interests in real property.
Category 2: All investments and business positions in business entities, and income from any source which engages in land development, construction or the acquisition, sale or lease of real property within the defined Conservancy's jurisdiction.
Category 3: All investments and business positions in business entities and sources of income of the type utilized by the Santa Monica Mountains Conservancy to provide services, supplies or materials.

*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:

The Executive Director may determine in writing that a particular consultant, although a “designated Position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Officer's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
NOTE

Authority and reference cited: Section 87300, Government Code.
HISTORY

1. New chapter 2 (section 13950 and Appendix) filed 7-15-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 5-4-81 (Register 81, No. 29).
2. Change without regulatory effect amending section filed 2-20-92 pursuant to section 100, title 1, California Code of Regulations. Approved by Fair Political Practices Commission 10-16-91 (Register 92, No. 13).
3. Amendment of section and appendices B and C filed 5-15-95; operative 6-14-95. Approved by Fair Political Practices Commission 3-20-95 (Register 95, No. 20).
4. Editorial correction (Register 95, No. 35).
Chapter 4. Project Initiation
NOTE

Authority cited: Sections 11373 and 11374, Government Code and Division 23 (commencing with Section 33000), Public Resources Code. Reference: Sections 11421 and 11422, Government Code.
HISTORY

1. New Division 5.7 (Chapters 1-3, Sections 13950-13984, not consecutive) filed 12-9-77; effective thirtieth day thereafter (Register 77, No. 50).
2. Division 5.7 (Chapters 1-4, Sections 13950-13994, not consecutive) expired by own terms per legislative mandate.
3. New Division 5.7 (Chapter 4, Sections 13996-14003 and Chapter 5, Sections 14004-14015) filed 5-16-80 as an emergency; effective upon filing (Register 80, No. 20). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 9-14-80.
4. Chapter 4 (Sections 13996-14003) repealed by operation of Section 11346.1(g), Government Code (Register 81, No. 47).
Chapter 5. Project Plans
NOTE

Authority cited: Sections 11373 and 11374, Government Code and Division 23 (commencing with Section 33000), Public Resources Code. Reference: Sections 11421 and 11422, Government Code.
HISTORY

1. New Chapter 5 (Sections 14004-14015) filed 5-16-80 as an emergency; effective upon filing (Register 80, No. 20). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 9-14-80.
2. Chapter 5 (Sections 14004-14015) repealed by operation of Section 11346.1(g), Government Code (Register 81, No. 47).
Division 5.8. San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
Chapter 1. San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
§14020. Conflict of Interest Code.
Note     •     History

The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, Title 2 California Code of Regulations, Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments to the Political Reform Act after public notice and hearings. Therefore, the terms of Title 2, California Code of Regulations, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.
Designated employees shall file their statements of economic interests with the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. Upon receipt of the statements of members of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, the Conservancy shall make and retain copies and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy and made available for public inspection and reproduction. (Gov. Code, §81008).
NOTE

Authority cited: Section 87300, Government Code. Reference: Sections 87300-87302, Government Code.
HISTORY

1. New division 5.8, chapter 1 (section 14020), section and Appendices A and B filed 5-14-2001; operative 6-13-2001. Approved by Fair Political Practices Commission 4-3-2001  (Register 2001, No. 20). 

Appendix A

	Assigned Disclosure
Designated Positions	Categories

Chairperson, Vice-Chairperson, all
 Board Members and Designees	A

Consultants paid by the Conservancy1	A

Executive Officer	A

____________

1With respect to consultants the Executive Officer, however, may determine in writing that a particular consultant, although a “designated person,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Officer's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

Appendix B

Disclosure Categories

Category A

Persons in this category are required to report:

1)	all real property or an interest in real property located within or not more than two miles from the boundaries of Los Angeles and Orange Counties.

2)	all investments, sources of income, and business positions in entities which are of the type which provide goods, services, equipment, leased space, materials, supplies or machinery to the Conservancy.
Chapter 2. Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms
§14021. Definitions.
Note     •     History

(a) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture, landscape architecture, engineering, environmental services, land surveying or construction project management. 
(b) “Small Business” means a firm that complies with the provisions of Government Code Section 14837. 
(c) “Executive Officer” means the Executive Officer of the San Gabriel and Lower Los Angeles Rivers Conservancy. 
(d) “Conservancy” means the San Gabriel & Lower Los Angeles Rivers and Mountains Conservancy, established pursuant to the provisions of the Public Resources Code, commencing with Section 32600. 
(e) “Architectural, landscape architectural, engineering, environmental, land surveying services” and “construction project management” means those services, as defined in Section 4525 of the Government Code. 
(f) The term “Disabled Veteran Business Enterprise” shall have the meaning set forth in Section 999 of the Military and Veterans Code. 
NOTE

Authority cited: Section 32613, Public Resources Code. Reference: Section 32614, Public Resources Code. 
HISTORY

1. New chapter 2 (sections (14021-14032) and section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§14022. Selection Criteria.
Note     •     History

The Executive Officer shall utilize selection criteria for each proposed project which will comprise the basis for the selection of eligible firms to perform the required services. The criteria shall include such factors as: 
(a) Professional experience of the firm in performing services of similar nature. 
(b) Quality and relevance of recently completed or ongoing work. 
(c) Reliability, continuity, and location of firm to the project site. 
(d) Staffing capability. 
(e) Education and experience of key personnel to be assigned. 
(f) Knowledge of applicable regulations and technology associated with the services required. 
(g) Specialized experience of the firm in the services to be performed. 
(h) Participation as small business firm. 
(i) Other factors the Executive Officer deems relevant to the specific task to be performed. 
These factors shall be weighted by the Executive Officer according to the nature of the proposed project, the complexity and special requirements of the specific services or project, and the needs of the Conservancy. 
NOTE

Authority cited: Section 32613, Public Resources Code. Reference: Section 32614, Public Resources Code. 
HISTORY

1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§14023. Announcement of Project.
Note     •     History

(a) A statewide announcement of each proposed project shall be published in the California State Contracts Register, in accordance with the Government Code (commencing with Section 14825), and through the publications of the respective professional societies. Failure of any professional society to publish the announcement shall not invalidate any contract. 
(b) The announcement for each proposed project shall include, as a minimum, a brief description of the services required, location, duration, eligibility and preferences, submittal requirements, contact person for the Conservancy, and the final response date for receipt of statements from firms of their demonstrated competence and professional qualifications. 
(c) The Executive Officer shall identify potentially qualified small business firms interested in contracting with the Conservancy, and provide copies of project announcements to those small business firms that have indicated an interest in receiving the announcements. Failure of the Executive Officer to send a copy of an announcement to any firm shall not invalidate any contract. 
NOTE

Authority cited: Section 32613, Public Resources Code. Reference: Section 32614, Public Resources Code. 
HISTORY

1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§14024. Selection of Qualified Firms.
Note     •     History

(a) After the expiration of the final response date in the published project announcement, the Executive Officer shall review and evaluate the written statements of demonstrated competence and professional qualifications using the selection criteria contained in Section 14022 of these regulations, and rank, in order of preference, the firms determined to be eligible to perform the required services. 
(b) The Executive Officer shall conduct discussions with at least the three most eligible firms, about anticipated concepts and the benefit of alternative methods for furnishing the required services. From the firms with which discussions are held, the Executive Officer shall select, in order of preference, not less than three firms deemed to be the most highly qualified to perform the required services. 
NOTE

Authority cited: Section 32613, Public Resources Code. Reference: Section 32614, Public Resources Code. 
HISTORY

1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§14025. Estimate of Value of Services.
Note     •     History

(a) Before entering into discussion with any firm selected pursuant to section 14024 of these regulations, the Executive Officer shall prepare, or direct the preparation of, an estimate of the value of the proposed project, based upon accepted rates for comparable services. The estimate will serve as a guide in determining fair and reasonable compensation in the negotiation of a satisfactory contract in accordance with the provisions of section 14027 of these regulations, and shall not be disclosed until after the award of the contract or the abandonment of the negotiation process for the services to which it relates. 
(b) At any time that the Executive Officer determines the estimate of value of services to be unrealistic for any reason, the Executive Officer shall require the estimate to be reevaluated and, if deemed necessary, modified. 
NOTE

Authority cited: Section 32613, Public Resources Code. Reference: Section 32614, Public Resources Code. 
HISTORY

1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§14026. Statewide Participation Goals.
Note     •     History

In the negotiation of a satisfactory contract as provided in section 14027 of these regulations, the best qualified firm must meet the statewide participation goal of not less than 3 percent for disabled veteran business enterprises, or demonstrate that a good faith effort was made to meet it, in order to comply with the statewide participation goals as required by the regulations contained in Title 2, California Code of Regulations, Sections 1896.61-1896.64. 
NOTE

Authority cited: Section 32613, Public Resources Code. Reference: Section 32614, Public Resources Code. 
HISTORY

1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§14027. Negotiation.
Note     •     History

(a) From among the firms selected through the procedure described in section 14024 of these regulations, as those most highly qualified to perform the services required, the Executive Officer shall attempt to negotiate a satisfactory contract with the best qualified firm at a compensation which the Conservancy determines is fair and reasonable. 
(b) If the Executive Officer is unable to negotiate a satisfactory contract with the best qualified firm at a compensation which the Conservancy determines is fair and reasonable, negotiations with that firm shall be terminated and negotiations undertaken with the second best qualified firm. If the Executive Officer is unable to negotiate a satisfactory contract with the second best qualified firm at a compensation which the Conservancy determines is fair and reasonable, then negotiations with that firm shall be terminated and negotiations undertaken with the third best qualified firm. If the Executive Officer is unable to negotiate a satisfactory contract with the third best qualified firm at a compensation which the Conservancy determines is fair and reasonable, negotiations with that firm shall be terminated. 
(c) If the Executive Officer is unable to negotiate a satisfactory contract in accordance with subsections (a) and (b) immediately above, the Executive Officer shall continue the negotiations process with the remaining qualified firms, if any, in order of preference, until a satisfactory contract is reached. If unable to negotiate a satisfactory contract with any of the qualified firms, the Executive Officer shall abandon the negotiation process for the requested services. 
NOTE

Authority cited: Section 32613, Public Resources Code. Reference: Section 32614, Public Resources Code. 
HISTORY

1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§14028. Amendments.
Note     •     History

If the Executive Officer determines that a change in the contract is necessary during the performance of the services being provided, then the contracting parties may, by mutual consent, in writing, agree to modifications, additions or deletions in the contract terms, conditions and specifications for the services involved, with a reasonable adjustment also in the compensation provided for the services. 
NOTE

Authority cited: Section 32613, Public Resources Code. Reference: Section 32614, Public Resources Code. 
HISTORY

1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§14029. Contracting in Phases.
Note     •     History

If the Executive Officer determines it is necessary or desirable for the project to be performed in separate phases, the Executive Officer may negotiate a partial compensation for the initial phase of the services required; provided, however, that the Executive Officer first determines that the firm selected is best qualified to perform the entire project. The contract shall include a provision that the Conservancy may, at its option, utilize the firm to perform other phases of the services at a compensation which the Conservancy determines is fair and reasonable, to be later negotiated and included in a mutually acceptable written agreement. In the event that the Conservancy exercises its option under the contract to utilize the firm to perform other phases of the project, the procedures of this Chapter with regard to estimates of value of services and negotiation shall similarly be followed. 
NOTE

Authority cited: Section 32613, Public Resources Code. Reference: Section 32614, Public Resources Code. 
HISTORY

1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§14030. Executive Officer's Power to Require Bids.
Note     •     History

If the Executive Officer determines that the services are technical in nature and involve little professional judgement and that requiring bids would be in the public interest, a contract shall be awarded on the basis of competitive bids and not the procedures of this Chapter. 
NOTE

Authority cited: Section 32613, Public Resources Code. Reference: Section 32614, Public Resources Code. 
HISTORY

1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§14031. Unlawful Consideration.
Note     •     History

Each contract shall include a provision by which the contracting firm warrants to the state that the contract was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any Conservancy officer or employee. Failure to adhere to this warranty may be cause for contract termination and recovery of damages under the rights and remedies due the Conservancy under the default provisions of the contract. 
NOTE

Authority cited: Section 32613, Public Resources Code. Reference: Section 32614, Public Resources Code. 
HISTORY

1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§14032. Prohibited Relationships.
Note     •     History

No Conservancy employee, officer or Board member who participates in the evaluation or selection process leading to award of a contract shall have a relationship with any of the firms seeking that contract, if that relationship is subject to the prohibition of Government Code Section 87100. 
NOTE

Authority cited: Section 32613, Public Resources Code. Reference: Section 32614, Public Resources Code. 
HISTORY

1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
Division 6. Resources Agency
Article 1. Definitions
§14100. Definitions.
Note     •     History

All terms defined by Chapters 1 and 2, Statutes of 1971, First Extraordinary Session, and any amendments thereto, shall for the purpose of these rules and regulations be deemed to be used with the same force and effect as in said chapters except as expressly modified herein.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16142, 16144, 16154 and 65570, Government Code.
HISTORY

1. New Division 6 (Chapter §§ 14100 through 14125, not consecutive) filed 7-12-72; effective thirtieth day thereafter (Register 72, No. 29).
2. Amendment filed 10-2-73; effective thirtieth day thereafter (Register 73, No. 40).
3. Repealer of foreword for division 6 and amendment of Note filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
§14101. “Act” Defined.
Note     •     History

“Act” as used in these rules and regulations consists of Sections 16140-16154, 51200-51297.4, 66474.4, 65563, 65570 of the Government Code, Section 33321.5 of the Health and Safety Code, and Sections 421-430.5 of the Revenue and Taxation Code and any amendments thereto.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16142, 16144, 16154 and 65570, Government Code.
HISTORY

1. Amendment filed 10-2-73; effective thirtieth day thereafter (Register 73, No. 40).
2. Amendment of section and new Note filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
3. Amendment filed 1-21-2003; operative 1-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4). 
§14102. Terms Defined.
Note     •     History

As used in these regulations, the following terms shall have the meanings noted:
(a) “Secretary” means the Secretary for Resources, State of California.
(b) “Governing Body” means the governing body of any county, city, or city and county.
(c) “Authorized Representative” means the individual appointed and authorized by resolution of the governing body to act on behalf of the governing body.
(d) “Effective Date” means the last day on which an instrument meeting requirements under Section 422 of the Revenue and Taxation Code can be signed or accepted and recorded, and the instrument is effective for assessment purposes and state payment in the forthcoming fiscal year.
(e) “Application Report” means the application and the accompanying material described in these regulations submitted to the Secretary for the determination of the eligibility and entitlement of a governing body for state payments under the Open Space Subvention Act.
(f) “Contract,” “Agreement,” “Scenic Restriction,” and “Open Space Easement,” shall have the meanings as defined in Section 421 of the Revenue and Taxation Code.
(g) “Enforceable Restriction” shall have the meaning as defined in Section 422 of the Revenue and Taxation Code.
(h) “Prime agricultural land” has the same meaning as provided in Government Code section 51201(c).
(i) “Director” shall mean the Director of the Department of Conservation.
(j) “Continuing” contract shall mean a contract that is not undergoing nonrenewal.
(k) “Non-prime land” shall mean any land other than prime agricultural land.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16142, 16144, 16154 and 65570, Government Code.
HISTORY

1. New subsections (h)-(j) and new Note filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
2. New subsection (k) filed 1-21-2003; operative 1-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4). 
Article 2. General Provisions
§14110. Filing of Application Reports.
Note     •     History

Application reports for state payment shall be filed with the Secretary on or before October 31 of the year in which application is made according to instructions and on forms provided by the Secretary.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Section 16144, Government Code.
HISTORY

1. New Note filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
§14110.1. County Filing of Application Reports for Lands Within Cities.
Note     •     History

A county may claim on its application restricted acreage within the boundaries of a city, if:
(a) the county and each affected city adopt concurrent resolutions authorizing the county to claim restricted acreage on behalf of the city, and acknowleging a joint responsibility to enforce the contracts pursuant to section 51251 of the Government Code;
(b) each affected city shall include in the resolution required by subsection (a) verification that rules governing administration of the contracts, pursuant to Government Code Section 51231, have been adopted;
(c) the county shall identify the city contract lands and participating cities on the county application and map, and;
(d) the county shall include the resolutions and map with each application report pursuant to Section 14110.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16142, 16144, 16154 and 65570, Government Code.
HISTORY

1. New section filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
§14111. Material to Accompany Application Reports.
Note     •     History

Each application report filed with the Secretary shall include the following material:
(a) A resolution by the governing body authorizing the filing of the report and designating an authorized representative.
(b) A tabulation on Forms 100 (4/01), 101 (8/02), 102 (8/02), 102A (4/01), 103 (8/02), 104 (4/01), 105 (4/01), 106 (4/01), 107 (4/01), 108 (4/01), 109 (4/01), 110 (4/01), 111 (4/01), 112 (4/01), 113 (8/02), and 114 (4/01) provided by the Secretary, and incorporated by reference, summarizing the number of acres of land under the governing bodies' regulatory jurisdiction on the effective date, by each of the various categories as set forth in Section 422 of the Revenue and Tax Code qualified for state payments and the amounts of the state payments claimed pursuant to Section 16144 of the Government Code in accordance with the provisions in these regulations. The tabulation of non-prime lands shall indicate, by acreage, the section 14112(c) category under which payment is requested. The tabulation shall be certified by the authorized representative that the data given are correct and meet the criteria set forth in Section 14112 herein.
(c) A map showing the lands in the categories tabulated in (b) above. For the application report submitted for fiscal year 2000/2001, the map may be submitted in any reasonable form that certifies the land for which subvention payment is claimed. Beginning with the application report submitted for fiscal year 2001/2002, the map must be prepared as follows:
(1) The map must include the following information:
(A) The location and category of all lands tabulated in accordance with sub-section (b), above.
(B) The location and category of all enforceably restricted lands enrolled under contracts entered into pursuant to Section 51240 of the Government Code that are not otherwise tabulated in accordance with sub-section (b), above.
(C) If applicable, the location and type of enforceable restriction, as defined in Revenue and Taxation Code Section 422 for a scenic restriction entered into prior to January 1, 1975, an open space easement, or a wildlife habitat contract for which subventions are claimed.
(D) The boundaries of agricultural preserves established pursuant to Section 51230 of the Government Code.
(2) For all maps submitted pursuant to this section, the following production standards must be followed:
(A) The boundaries of all lands specified by sub-section (1), above, must be clearly and precisely delineated.
(B) Areas of 40 acres or more of lands specified by sub-section (1), above, must be shown on the map.
(C) Delineation within each parcel must be made, whenever possible, to indicate distinctions between land categories that exist within the parcel or parcels.
(3) Local governmental jurisdiction that use a computer-based mapping system for the purpose of mapping the location of lands specified by sub-section (1), above, may submit the map in a digital, electronic file format that is accessible by the Department. For map submittals of this type, the following additional production standards must be followed:
(A) Boundaries of land specified by sub-section (1), above, which are bounded by physical or cultural features, must accurately coincide with those features as the features are represented on reliable and readily available base maps such as the United States Geological Survey Topographic Quadrangle Map Series.
(B) The delineation of lands specified under subsection (1), above, must be based on original information no smaller than 1:125,000 in scale.
(C) The digital, electronic map file must include written documentation containing the following information: 1) the scale, map projection system, if any, and map coordinate system, if any, that was used to create and store the digital, electronic map file; and 2) a description of the computer-based mapping system used to create the digital, electronic map file, including the name of any proprietary file format.
(4) Local governmental jurisdictions that do not use a computer-based mapping system for the purpose of recording the location of lands specified under sub-section (1), above, must submit a map produced using a stable, durable material such as presentation-grade drafting film or paper. For map submittals of this type, the following additional production standards must be followed:
(A) Prominent physical and cultural features, such as county or city boundaries, major transportation routes, drainage courses, inland water bodies, and major population centers, must be clearly represented. Wherever the boundaries of lands specified by sub-section (1) above, coincide with such features, the boundaries must be represented in such a way that it is clear to the reader of the map that the boundary in fact coincides with the physical or cultural feature.
(B) The preferred scale for production is 1:100,000; the map must be produced at a scale no smaller than 1:125,000 and no larger than 1:60,000. The scale used must be clearly identified on the map.
(C) The type of map projection system used must be clearly identified on the map.
(D) Labeled reference marks or grid lines must be used whenever possible to indicate the location of the area depicted on the map relative to a commonly used coordinate system such as the public lands survey system or latitude and longitude.
(5) Local governmental jurisdictions may request consultation and technical assistance from the Department for the purpose of meeting the requirements of sub-sections (1-4) above.
(6) Local governmental jurisdictions that submit maps substantially meeting the criteria listed under sub-sections (1-4) above, may, on or before December 31 of each year, request that the Department incorporate the map submitted pursuant to this section into the Department's own computer-based mapping system. Contingent upon the availability of necessary resources the Department may incorporate within its computer-based mapping system the original map as submitted by the local governmental jurisdiction. If the local governing body chooses to adopt this file as its official map for purposes of meeting the requirements of this section, the following criteria shall apply in lieu of the normal requirement to submit an original map with each annual application report:
(A) For the year immediately following that for which the local governmental jurisdiction's initial map file with the Department is current, and for every second year thereafter, the local governmental jurisdiction must submit copies of assessor parcel maps that depict the location of parcels affected by changes to the number of acres of land specified under sub-section (1) above.
(B) For the second year immediately following that for which the local governmental jurisdiction's initial map file is current, and for every second year thereafter, the local governmental jurisdiction must submit materials needed to update the map file. The materials supplied by the local governmental jurisdiction for this purpose must be adequate to allow the map file to be updated in a manner consistent with the guidelines listed under subsections (1-4) above.
(d) A sample of each form of contract, agreement, scenic restriction, or open space easement used for placing land under enforceable restrictions if:
(1) The format of the document has been changed since the last application report; or
(2) A governing body is submitting an application report for the first time.
(e) If changed since the previous year's application report was filed with the Secretary, or not otherwise previously provided, the governing body's rules for the administration of agricultural preserves, including an enumeration of compatible uses as required by Government Code Section 51231 and any amendments thereof, as well as the governing body's designation of minimum parcel sizes for lands in agricultural preserves and/or subject to contract and rules governing the subdivision of lands subject to contract.
(f) If changed since the previous year's application report, and unless otherwise available through the California Environmental Resources Evaluation System (CERES), the open space element pursuant to Article 10.5, Chapter 3, Division 1 of Title 7 of the Government Code of the governing body's general plan, including a map of open space lands designated in the open space element, if available.
(g) A listing of all enforceable restrictions which were terminated, including the acreage involved, in the intervening year through any of the following:
(1) completion of contract nonrenewal pursuant to Government Code Section 51246.
(2) annexation pursuant to a city protest filed prior to January 1, 1991 pursuant to Government Code sections 51243-51243.5 The County shall also provide the name of the City and date of the resolution pursuant to Government Code Section 56844.2 that the City will not to succeed to the contract.
(3) contract rescision pursuant to Government Code Section 51256.
(4) cancellation pursuant to Government Code Sections 51280-51286 and 51297. The City or County shall specify the date of the final cancellation and the amount of the cancellation fee.
(5) acquisition for a public improvement pursuant to Government Code Section 51295, including a brief description of the public improvement.
(h) A list of contracts and corresponding acreage for which nonrenewal has been initiated in the intervening year pursuant to Government Code Section 51245.
(i) A list of all continuing contracts or other enforceable restrictions on land annexed by a city pursuant, including the name and address of the city assuming jurisdiction over the restriction.
(j) Such other material as the Secretary may require.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16142, 16142.1, 16144, 16154, 51207 and 65570, Government Code.
HISTORY

1. Amendment of subsection (b) filed 10-2-73; effective thirtieth day thereafter (Register 73, No. 40).
2. Amendment of subsections (a)-(c), new subsections (c)(1)-(c)(6)(B) and (e)-(i), subsection relettering, and new Note filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
3. Amendment of subsection (b) and amendment of Note filed 10-3-2001; operative 10-3-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 40).
4. Amendment of subsections (b) and (g)(4) and amendment of Note filed 1-21-2003; operative 1-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4). 
§14112. Determination of Eligibility.
Note     •     History

(a) Eligibility of land for payment shall be determined in accordance with the provisions of the Act and these regulations. Land, which in the opinion of the Secretary is eligible, must be subject to an enforceable restriction and must have been assessed pursuant to Section 423, 423.3, 423.4, 423.5, or 426 if previously assessed under Revenue and Taxation Code section 423.4 and eligible pursuant to Government Code section 16142(c), and the governing body having jurisdiction over the land must have a local open space plan as required by Section 65563 of the Government Code. However, to be eligible, the land assessed pursuant to one of the above code sections need not be designated as open space in the plan, except as noted in the following subdivisions.
(b) The Secretary shall be the final judge of whether nonprime land devoted to open space use is of statewide significance. Only those nonprime lands devoted to open space use as defined in Section 51201 and Section 65560 of the Government Code which are designated for open space use in a local open space plan and which meet the criteria set forth in subdivision (c) shall be considered as land devoted to open space use of statewide significance and eligible for payment.
(c) Land shall be deemed to be devoted to open space use of statewide significance within the meaning of this section and Section 16143 of the Government Code if it meets at least one of the following criteria:
(1) Areas of outstanding scientific, scenic and recreation value.
(2) Areas which are required as habitat for significant fish and wildlife resources, including rare and endangered species.
(3) Forest and agricultural lands which are judged to be of major importance in meeting future needs for food, fiber, and timber.
(4) Areas which provide green space and open areas in and around high-density metropolitan development.
(5) Areas which are required to provide needed access to coastal beaches, lakeshores, and riverbanks.
(6) Areas which require special development regulation because of hazardous or special conditions, such as earthquake fault zones, unstable slide areas, flood plains, and watersheds.
(7) Areas which serve as connecting links between major public recreation and open space sites, such as utility easements, streambanks, trails, and scenic highway corridors.
(8) Areas of major historic or cultural interest.
(d) When determining whether enforceably restricted land meets the definition of prime agricultural land pursuant to Government Code section 51201(c)(1) and (2), a participating local government shall rely on the most current information suitable for that purpose. When determining whether enforceably restricted land meets the definition of prime agricultural land pursuant to Government Code section 51201(c)(3), (4) or (5), a participating local government shall rely on information derived from the assessment for the year in which the subvention claim is made, pursuant to subdivision (a) of this section.”
(e) Agricultural conservation easements executed and approved pursuant to the provisions of Public Resources Code section 10200 through 10277 or Government Code sections 51256 and 51256.1 shall be eligible for payment.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16140, 16141, 16142, 16143, 51201, 51256 and 51256.1, Government Code; and Section 10211, Public Resources Code.
HISTORY

1. Amendment of subsection (d) filed 10-2-73; effective thirtieth day thereafter (Register 73, No. 40).
2. Amendment of section and new Note filed 1-21-2003; operative 1-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4). 
§14113. Computation of the Amount of Entitlement.
Note     •     History

The necessary computations to determine the amount of entitlement under the Act shall be made on a parcel-by-parcel basis by the governing body in accordance with Section 16142 of the Government Code, and the provisions of these regulations.
(a) To determine the total entitlement for each parcel that exceeds 40 acres, computations shall be made for all categories of open space land within the single parcel. Entitlements for parcels of 40 acres or less shall be determined by the category to which the major part of the area is assigned. Computations shall be made to the nearest 10 acres or less. Nothing in this subsection shall apply to any determination of the minimum legal size pursuant to Government  Code Sections 51222, 66474.4, and/or any applicable State or local ordinance or rule regarding enrollment or subdivision of legal parcels subject to an enforceable restriction.
(b) The following types of lands shall not be entitled to payment:
(1) Acreage devoted to residential use and assessed pursuant to Section 428 of the Revenue and Taxation Code.
(2) Acreage assessed under Section 426, unless previously assessed under Revenue and Taxation Code section 423.4 and eligible pursuant to 16142(c) of the Government Code;
(3) Acreage enforceably restricted pursuant to the Open Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Part 1 of Division 1 of Title 5 of the Government Code);
(4) Parcels subject to contracts which are of less than 40 acres for Open Space Land of Statewide Significance, unless such parcels are contiguous to other restricted lands comprising more than 40 acres total, are subject to a written joint management agreement involving noncontiguous parcels which total more than 40 acres, or the board or council specifically finds these parcels will sustain commercial agricultural use; or
(5) Contracted acreage which is valued lower under Revenue and Taxation Code Section 110.1 than under Revenue and Taxation Code Section 423, 423.3 or 423.5.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16140, 16141, 16142 and 51222, Government Code.
HISTORY

1. Amendment filed 10-2-73; effective thirtieth day thereafter (Register 73, No. 40).
2. Amendment of section and new Note filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
3. Amendment of subsection (b)(2) filed 1-21-2003; operative 1-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4). 
§14114. Retention of Computations.
Note     •     History

Governing bodies shall retain all computations and supporting documents for determining the amount of entitlement and will make them available to the Secretary, Director, State Board of Equalization or State Controller for audit upon request. Where such documents are otherwise privileged or confidential, such records shall not become public records upon transfer to a State agency as provided in this subsection. Retention of records regarding assessment of lands shall be for a period of six years. Retention of other records regarding contract administration and enforcement, including but not limited to compatible use determinations, subdivision and permit approvals, and cancellation decisions and valuations pursuant to Section 51283 of the Government Code, shall continue as long as the effected contract remains in effect plus nine years.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16146 and 16154, Government Code.
HISTORY

1. Amendment of section and new Note filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
2. Amendment filed 1-21-2003; operative 1-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4). 
§14115. Incomplete Application Records.
Note     •     History

If the Secretary determines that an application report is improperly completed or incomplete, the governing body, upon written notification by the Department, shall re-submit or submit additional information requested by the Department.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16144 and 16146, Government Code.
HISTORY

1. Amendment filed 10-2-73; effective thirtieth day thereafter (Register 73, No. 40).
2. New Note filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
3. Renumbering of former section 14115 to section 14116 and renumbering of section 14116 to section 14115, including amendment of section heading, section and Note, filed 1-21-2003; operative 1-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4). 
§14116. Review by Secretary.
Note     •     History

Upon receipt of a properly completed application report, the Secretary will review it to determine the eligibility of the local government to receive payment and the amount to which it is entitled in accordance with the provisions of Section 16144 of the Government Code.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Section 16144, Government Code.
HISTORY

1. New Note filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
2. Renumbering of former section 14116 to section 14115 and renumbering of former section 14115 to section 14116 filed 1-21-2003; operative 1-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4). 
§14117. Certification of Payment.
Note     •     History

The Secretary, after determining the amount to which the governing body is entitled, shall certify the amount to the State Controller for payment.
(a) Annual entitlements may be certified for payment by the Secretary beginning in August of each year as the review of each application report pursuant to Section 14110 is completed, and in the order that each is determined to be complete and accurate.
(b) Application reports received after April 30 shall not be certified for payment by the Secretary until all application reports received pursuant to Section 14110 prior to April 30 have been certified for payment. The Secretary may delay payments on application reports received after April 30 until the following fiscal year. Notwithstanding Section 14118 reports received after October 31 of the following fiscal year are not eligible for payment.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Section 16144, Government Code.
HISTORY

1. Amendment of section and new Note filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
§14118. Adjustments.
Note     •     History

(a) New or additional information pertaining to eligibility or entitlement may be submitted by a governing body at any time up to and including October 31 of the year following submission of a timely application report to which the information pertains. Based on this information, the Secretary may make supplemental reports to the State Controller in accordance with Section 16144 of the Government Code.
(b) Where the Secretary determines that an overpayment was made, deductions against an entitlement paid in accordance with provisions of Section 14113 may be made in subsequent years to correct such overpayment. When changes to entitlement claims are due to corrections in governing body records, or improvements to record-keeping systems, the governing body shall provide, when requested by the Secretary, documentation of the changes on a contract-by-contract or parcel-by-parcel basis. In addition, the Secretary may deduct cancellation fees which have not been collected or transmitted within the time frame required by Section 51283 of the Government Code.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Section 16144, Government Code.
HISTORY

1. Amendment filed 10-2-73; effective thirtieth day thereafter (Register 73, No. 40).
2. Amendment of section and new Note filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
§14119. Determination of Ineligibility; Failure to Enforce.
Note     •     History

(a) In the event the Department finds that the Act as defined in this chapter, or any enforceable restriction, is violated by a county or city receiving open space subventions, the Department shall notify that city or county that the violation may result in a determination of ineligibility for open space subventions pursuant to Government Code 16146. Within 60 calendar days of receiving such notice, the city or county may request a hearing to contest the finding that a violation has occurred. Should the city or county fail to respond to this notice, otherwise fail to remedy the violation, or if the Department's finding of a violation be upheld following a hearing, the Director may certify to the controller that the city or county is ineligible to receive open space subventions.
(b) Nothing in this section shall limit the Secretary or Director's authority to otherwise pursue enforcement actions authorized by other state laws including but not limited to Government Code sections 16147 or 51294. A determination regarding subventions pursuant to this section shall not be construed as terminating the enforceable restriction in question.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Section 16144, Government Code.
HISTORY

1. New section filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
§14120. Hearings.
Note     •     History

(a) Upon receiving notification of a violation pursuant to section 14119, or notification of an adjustment pursuant to section 14118, the city or county shall have the right to request an informal hearing with the Department of Conservation pursuant to Government Code section 11445.10 et seq.
(b) Within 60 calendar days from receipt of a notification of a violation or notification of an adjustment, the city or county may deliver or mail to the director of the Department, a written request for a hearing. Such request shall include a statement of the basis for contesting the notice.
(c) The director of the department shall schedule the hearing no more than 45 calendar days from receipt of the city or county's written request, and shall notify the city or county in writing of the date set for the hearing.
(d) Failure to submit a written request for a hearing within 60 calendar days from receipt of a notification of a violation or an adjustment shall constitute a waiver of the city or county's right to a hearing.
(e) The director shall make a determination based upon review of the facts, information, and evidence presented at the hearing.
(f) The city or county shall be notified of the director's determination in writing within 15 calendar days from the date of the hearing.
NOTE

Authority cited: Sections 16146 and 65570, Government Code. Reference: Sections 16146 and 11445.20(c), Government Code.
HISTORY

1. New section filed 1-21-2003; operative 1-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4). 
Article 3. Special Provisions
§14125. Waiver of Cancellation Fee for Terminating Open Space Easements and Agricultural Preserve Contracts.
Note     •     History

In accordance with Sections 51061 and 51283 of the Government Code, when a governing body finds it in the public interest to waive the fee for abandoning open space easements or cancelling any Land Conservation Act contract or agreement for agricultural preserves and that such waiver or extension of time to pay following final cancellation otherwise comports with the requirements of Government Code sections 51061 or 51283, the governing body shall make a written request for approval of the waiver by the Secretary and provide the following information:
(a) Date of the public hearing as required by Sections 51284 and 51061 of the Government Code.
(b) A map showing the assessor's parcel number, size and location of the parcel and the relationship of the parcel to adjoining parcels.
(c) Present land use of the parcel.
(d) Proposed land use of the parcel and when the change in land use will occur.
(e) The amount of the cancellation or abandonment fee and the basis for its calculation, including how the valuation of the land pursuant to Subsections 51283(a) or 51061 was determined. A statement of the conditions shall be submitted for partial waivers.
(f) A narrative fully explaining the basis for cancellation or abandonment, including approved findings and a detailed summary of substantial evidence to support each finding, and the reason or reasons for determining that a waiver of the cancellation or abandonment fee is in the public interest pursuant to Sections 51283(c)(2) or 51061 of the Government Code.
NOTE

Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 51061 and 51283, Government Code.
HISTORY

1. Amendment of section and new Note filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
Chapter 2.5. Dredging Projects in San  Francisco Bay
NOTE

Authority cited: Section 162, Harbors and Navigation Code.
HISTORY

1. New Chapter 2.5, Articles 1-5 (Sections 14200-14272, not consecutive) filed 12-19-75; effective thirtieth day thereafter (Register 75, No. 51).
2. Repealer of Chapter 2.5 (Article 1-5, Sections 14200-14272, not consecutive) filed 1-7-82; effective thirtieth day thereafter (Register 82, No. 2).
Chapter 3. Guidelines for Implementation of the California Environmental Quality Act

(State EIR Guidelines)

(Originally Printed 2-10-73)
Article 1. General
§15000. Authority.
Note     •     History

The regulations contained in this chapter are prescribed by the Secretary for Resources to be followed by all state and local agencies in California in the implementation of the California Environmental Quality Act. These Guidelines have been developed by the Office of Planning and Research for adoption by the Secretary for Resources in accordance with Section 2108-3. Additional information may be obtained by writing:

SECRETARY FOR RESOURCES
ROOM 1311, 1416 NINTH STREET
SACRAMENTO, CA 95814 
These Guidelines are binding on all public agencies in California.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21082 and 21083, Public Resources Code; City of Santa Ana v. City of Garden Grove, (1979) 100 Cal. App. 3d 521.
HISTORY

1. New Chapter 3, Articles 1 through 10 (§§ 15000 through 15166, not consecutive) filed 2-7-73; designated effective upon filing as provided in Section 21083, Public Resources Code (Register 73, No. 6).
2. Amendment filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
3. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15001. Short Title.
Note     •     History

These Guidelines may be cited as the “State CEQA Guidelines.” Existing references to the “State EIR Guidelines” shall be construed to be references to the “State CEQA Guidelines.”
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21083, Public Resources Code.
HISTORY

1. New section filed 1-3-75; designated effective 4-1-75 (Register 75, No. 1).
2. Amendment filed 1-7-82; effective thirtieth day thereafter (Register 82, No. 2).
3. Amendment filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
4. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
5. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15002. General Concepts.
Note     •     History

(a) Basic Purposes of CEQA. The basic purposes of CEQA are to:
(1) Inform governmental decision makers and the public about the potential, significant environmental effects of proposed activities. 
(2) Identify ways that environmental damage can be avoided or significantly reduced.
(3) Prevent significant, avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agency finds the changes to be feasible.
(4) Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose if significant environmental effects are involved.
(b) Governmental Action. CEQA applies to governmental action. This action may involve:
(1) Activities directly undertaken by a governmental agency,
(2) Activities financed in whole or in part by a governmental agency, or
(3) Private activities which require approval from a governmental agency.
(c) Private Action. Private action is not subject to CEQA unless the action involves governmental participation, financing, or approval.
(d) Project. A “project” is an activity subject to CEQA. The term “project” has been interpreted to mean far more than the ordinary dictionary definition of the term. See Section 15378.
(e) Time for Compliance. A governmental agency is required to comply with CEQA procedures when the agency proposes to carry out or approve the activity. See Section 15004.
(f) Environmental Impact Reports and Negative Declarations. An environmental impact report (EIR) is the public document used by the governmental agency to analyze the significant environmental effects of a proposed project, to identify alternatives, and to disclose possible ways to reduce or avoid the possible environmental damage.
(1) An EIR is prepared when the public agency finds substantial evidence that the project may have a significant effect on the environment. See Section 15064(a)(1).
(2) When the agency finds that there is no substantial evidence that a project may have a significant environmental effect, the agency will prepare a “Negative Declaration” instead of an EIR. See Section 15070.
(g) Significant Effect on the Environment. A significant effect on the environment is defined as a substantial adverse change in the physical conditions which exist in the area affected by the proposed project. See Section 15382. Further, when an EIR identifies a significant effect, the government agency approving the project must make findings on whether the adverse environmental effects have been substantially reduced or if not, why not. See Section 15091.
(h) Methods for Protecting the Environment. CEQA requires more than merely preparing environmental documents. The EIR by itself does not control the way in which a project can be built or carried out. Rather, when an EIR shows that a project could cause substantial adverse changes in the environment, the governmental agency must respond to the information by one or more of the following methods:
(1) Changing a proposed project;
(2) Imposing conditions on the approval of the project;
(3) Adopting plans or ordinances to control a broader class of projects to avoid the adverse changes;
(4) Choosing an alternative way of meeting the same need;
(5) Disapproving the project;
(6) Finding that changes in, or alterations, the project are not feasible.
(7) Finding that the unavoidable, significant environmental damage is acceptable as provided in Section 15093.
(i) Discretionary Action. CEQA applies in situations where a governmental agency can use its judgment in deciding whether and how to carry out or approve a project. A project subject to such judgmental controls is called a “discretionary project.” See Section 15357.
(1) Where the law requires a governmental agency to act on a project in a set way without allowing the agency to use its own judgment, the project is called “ministerial,” and CEQA does not apply. See Section 15369. 
(2) Whether an agency has discretionary or ministerial controls over a project depends on the authority granted by the law providing the controls over the activity. Similar projects may be subject to discretionary controls in one city or county and only ministerial controls in another. See Section 15268.
(j) Public Involvement. Under CEQA, an agency must solicit and respond to comments from the public and from other agencies concerned with the project. See Sections 15073, 15086, 15087 and 15088.
(k) Three Step Process. An agency will normally take up to three separate steps in deciding which document to prepare for a project subject to CEQA.
(1) In the first step the lead agency examines the project to determine whether the project is subject to CEQA at all. If the project is exempt, the process does not need to proceed any farther. The agency may prepare a notice of exemption. See Sections 15061 and 15062.
(2) If the project is not exempt, the lead agency takes the second step and conducts an initial study (Section 15063) to determine whether the project may have a significant effect on the environment. If the initial study shows that there is no substantial evidence that the project may have a significant effect, the lead agency prepares a negative declaration. See Sections 15070 et seq.
(3) If the initial study shows that the project may have a significant effect, the lead agency takes the third step and prepares an EIR. See Sections 15080 et seq.
(l) Certified Equivalent Programs. A number of environmental regulatory programs have been certified by the Secretary of the Resources Agency as involving essentially the same consideration of environmental issues as is provided by use of EIRs and negative declarations. Certified programs are exempt from preparing EIRs and negative declarations but use other documents instead. Certified programs are discussed in Article 17 and are listed in Section 15251.
(m) This section is intended to present the general concepts of CEQA in a simplified and introductory manner. If there are any conflicts between the short statement of a concept in this section and the provisions of other sections of these guidelines, the other sections shall prevail.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code; No Oil, Inc. v. City of Los Angeles, 13 Cal. 3d 68 (1974); Running Fence Corp. v. Superior Court, 15 Cal. App. 3d 400 (1975).
HISTORY

1. New section filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19).
2. Amendment filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
3. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15003. Policies.
Note     •     History

In addition to the policies declared by the Legislature concerning environmental protection and administration of CEQA in Sections 21000, 21001, 21002, and 21002.1 of the Public Resources Code, the courts of this state have declared the following policies to be implicit in CEQA:
(a) The EIR requirement is the heart of CEQA. (County of Inyo v. Yorty, 32 Cal. App. 3d 795.)
(b) The EIR serves not only to protect the environment but also to demonstrate to the public that it is being protected. (County of Inyo v. Yorty, 32 Cal. App. 3d 795.)
(c) The EIR is to inform other governmental agencies and the public generally of the environmental impact of a proposed project. (No Oil, Inc. v. City of Los Angeles, 13 C. 3d 68.)
(d) The EIR is to demonstrate to an apprehensive citizenry that the agency has, in fact, analyzed and considered the ecological implications of its action. (People ex rel. Department of Public Works v. Bosio, 47 Cal. App. 3d 495.)
(e) The EIR process will enable the public to determine the environmental and economic values of their elected and appointed officials thus allowing for appropriate action come election day should a majority of the voters disagree. (People v. County of Kern, 39 Cal. App. 3d 830.)
(f) CEQA was intended to be interpreted in such a manner as to afford the fullest possible protection to the environment within the reasonable scope of the statutory language. (Friends of Mammoth v. Board of Supervisors, 8 Cal. 3d 247.)
(g) The purpose of CEQA is not to generate paper, but to compel government at all levels to make decisions with environmental consequences in mind. (Bozung v. LAFCO (1975) 13 Cal.3d 263)
(h) The lead agency must consider the whole of an action, not simply its constituent parts, when determining whether it will have a significant environmental effect. (Citizens Assoc. For Sensible Development of Bishop Area v. County of Inyo (1985) 172 Cal.App.3d 151)
(i) CEQA does not require technical perfection in an EIR, but rather adequacy, completeness, and a good-faith effort at full disclosure. A court does not pass upon the correctness of an EIR's environmental conclusions, but only determines if the EIR is sufficient as an informational document. (Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692)
(j) CEQA requires that decisions be informed and balanced. It must not be subverted into an instrument for the oppression and delay of social, economic, or recreational development or advancement. (Laurel Heights Improvement Assoc. v. Regents of U.C. (1993) 6 Cal.4th 1112 and Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553)
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
HISTORY

1. New section filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Editorial correction of 7-13-83 order filed 7-26-83 (Register 83, No. 33).
4. New subsections (g)-(j) filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
5. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15004. Time of Preparation.
Note     •     History

(a) Before granting any approval of a project subject to CEQA, every lead agency or responsible agency shall consider a final EIR or negative declaration or another document authorized by these guidelines to be used in the place of an EIR or negative declaration. See the definition of “approval” in Section 15352.
(b) Choosing the precise time for CEQA compliance involves a balancing of competing factors. EIRs and negative declarations should be prepared as early as feasible in the planning process to enable environmental considerations to influence project program and design and yet late enough to provide meaningful information for environmental assessment.
(1) With public projects, at the earliest feasible time, project sponsors shall incorporate environmental considerations into project conceptualization, design, and planning. CEQA compliance should be completed prior to acquisition of a site for a public project.
(2) To implement the above principles, public agencies shall not undertake actions concerning the proposed public project that would have a significant adverse effect or limit the choice of alternatives or mitigation measures, before completion of CEQA compliance. For example, agencies shall not:
(A) Formally make a decision to proceed with the use of a site for facilities which would require CEQA review, regardless of whether the agency has made any final purchase of the site for these facilities, except that agencies may designate a preferred site for CEQA review and may enter into land acquisition agreements when the agency has conditioned the agency's future use of the site on CEQA compliance.
(B) Otherwise take any action which gives impetus to a planned or foreseeable project in a manner that forecloses alternatives or mitigation measures that would ordinarily be part of CEQA review of that public project.
(3) With private projects, the Lead Agency shall encourage the project proponent to incorporate environmental considerations into project conceptualization, design, and planning at the earliest feasible time.
(c) The environmental document preparation and review should be coordinated in a timely fashion with the existing planning, review, and project approval processes being used by each public agency. These procedures, to the maximum extent feasible, are to run concurrently, not consecutively. When the lead agency is a state agency, the environmental document shall be included as part of the regular project report if such a report is used in its existing review and budgetary process.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003, 21061 and 21105, Public Resources Code; Friends of Mammoth v. Board of Supervisors, (1972) 8 Cal. 3d 247; Mount Sutro Defense Committee v. Regents of the University of California, (1978) 77 Cal. App. 3d 20.
HISTORY

1. New section filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. New subsections (b)(2)-(b)(2)(B), subsection renumbering, amendment of subsection (c), and amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15005. Terminology.
Note     •     History

The following words are used to indicate whether a particular subject in the Guidelines is mandatory, advisory, or permissive:
(a) “Must” or “shall” identifies a mandatory element which all public agencies are required to follow.
(b) “Should” identifies guidance provided by the Secretary for Resources based on policy considerations contained in CEQA, in the legislative history of the statute, or in federal court decisions which California courts can be expected to follow. Public agencies are advised to follow this guidance in the absence of compelling, countervailing considerations.
(c) “May” identifies a permissive element which is left fully to the discretion of the public agencies involved.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21082 and 21083, Public Resources Code.
HISTORY

1. New section filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For history of former section, see Register 75, No. 1.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Editorial correction of 7-13-83 order filed 7-26-83 (Register 83, No. 33).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15006. Reducing Delay and Paperwork.
Note     •     History

Public agencies should reduce delay and paperwork by:
(a) Integrating the CEQA process into early planning. (15004(c)) 
(b) Ensuring the swift and fair resolution of lead agency disputes. (15053)
(c) Identifying projects which fit within categorical exemptions and are therefore exempt from CEQA processing. (15300.4)
(d) Using initial studies to identify significant environmental issues and to narrow the scope of EIRs. (15063)
(e) Using a negative declaration when a project not otherwise exempt will not have a significant effect on the environment. (15070)
(f) Using a previously prepared EIR when it adequately addresses the proposed project. (15153)
(g) Consulting with state and local responsible agencies before and during preparation of an environmental impact report so that the document will meet the needs of all the agencies which will use it. (15083)
(h) Urging applicants, either before or after the filing of an application, to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a negative declaration rather than an environmental impact report. (15063(c)(2))
(i) Integrating CEQA requirements with other environmental review and consulting requirements. (Public Resources Code Section 21080.5)
(j) Eliminating duplication with federal procedures by providing for joint preparation of environmental documents with federal agencies and by adopting completed federal NEPA documents. (15227)
(k) Emphasizing consultation before an environmental impact report is prepared, rather than submitting adversary comments on a completed document. (15082(b))
(l) Combining environmental documents with other documents such as general plans. (15166)
(m) Eliminating repetitive discussions of the same issues by using environmental impact reports on programs, policies, or plans and tiering from reports of broad scope to those of narrower scope. (15152)
(n) Reducing the length of environmental impact reports by means such as setting appropriate page limits. (15141)
(o) Preparing analytic rather than encyclopedic environmental impact reports. (15142)
(p) Mentioning only briefly issues other than significant ones in EIRs. (15143)
(q) Writing environmental impact reports in plain language. (15140)
(r) Following a clear format for environmental impact reports. (15120)
(s) Emphasizing the portions of the environmental impact report that are useful to decision-makers and the public and reducing emphasis on background material. (15143)
(t) Using incorporation by reference. (15150)
(u) Making comments on environmental impact reports as specific as possible. (15204)
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003 and 21083, Public Resources Code.
HISTORY

1. New section filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For history of former section, see Register 80, No. 19.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Amendment of subsections (g), (m) and (u) filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15007. Amendments.
Note     •     History

(a) These guidelines will be amended from time to time to match new developments relating to CEQA.
(b) Amendments to the guidelines apply prospectively only. New requirements in amendments will apply to steps in the CEQA process not yet undertaken by the date when agencies must comply with the amendments.
(c) If a document meets the content requirements in effect when the document is set out for public review, the document shall not need to be revised to conform to any new content requirements in guideline amendments taking effect before the document is finally approved.
(d) Public agencies shall comply with new requirements in amendments to the guidelines beginning with the earlier of the following two dates:
(1) The effective date of the agency's procedures amended to conform to the new guideline amendments; or
(2) The 120th day after the effective date of the guideline amendments.
(e) Public agencies may implement any permissive or advisory elements of the guidelines beginning with the effective date of the guideline amendments.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21082-21086, Public Resources Code; Stevens v. City of Glendale, 125 Cal. App. 3d 986.
HISTORY

1. New section filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 2. General Responsibilities
§15020. General.
Note     •     History

Each public agency is responsible for complying with CEQA and these Guidelines. A public agency must meet its own responsibilities under CEQA and shall not rely on comments from other public agencies or private citizens as a substitute for work CEQA requires the lead agency to accomplish. For example, a lead agency is responsible for the adequacy of its environmental documents. The lead agency shall not knowingly release a deficient document hoping that public comments will correct defects in the document.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21082, 21082.1, Public Resources Code; Russian Hill Improvement Association v. Board of Permit Appeals, 44 Cal. App. 3d 158 (1975).
HISTORY

1. Repealer of Article 2 (Sections 15005 and 15006) and new Article 2 (Sections 15020-15025) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Registers 80, No. 19; 75, No. 1; and 73, No. 50.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15021. Duty to Minimize Environmental Damage and Balance Competing Public Objectives.
Note     •     History

(a) CEQA establishes a duty for public agencies to avoid or minimize environmental damage where feasible.
(1) In regulating public or private activities, agencies are required to give major consideration to preventing environmental damage.
(2) A public agency should not approve a project as proposed if there are feasible alternatives or mitigation measures available that would substantially lessen any significant effects that the project would have on the environment.
(b) In deciding whether changes in a project are feasible, an agency may consider specific economic, environmental, legal, social, and technological factors.
(c) The duty to prevent or minimize environmental damage is implemented through the findings required by Section 15091.
(d) CEQA recognizes that in determining whether and how a project should be approved, a public agency has an obligation to balance a variety of public objectives, including economic, environmental, and social factors and in particular the goal of providing a decent home and satisfying living environment for every Californian. An agency shall prepare a statement of overriding considerations as described in Section 15093 to reflect the ultimate balancing of competing public objectives when the agency decides to approve a project that will cause one or more significant effects on the environment.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000, 21001, 21002, 21002.1 and 21081, Public Resources Code; San Francisco Ecology Center v. City and County of San Francisco, (1975) 48 Cal. App. 3d 584; Laurel Hills Homeowners Association v. City Council, (1978) 83 Cal. App. 3d 515.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15022. Public Agency Implementing Procedures.
Note     •     History

(a) Each public agency shall adopt objectives, criteria, and specific procedures consistent with CEQA and these Guidelines for administering its responsibilities under CEQA, including the orderly evaluation of projects and preparation of environmental documents. The implementing procedures should contain at least provisions for: 
(1) Identifying the activities that are exempt from CEQA. These procedures should contain:
(A) Provisions for evaluating a proposed activity to determine if there is no possibility that the activity may have a significant effect on the environment.
(B) A list of projects or permits over which the public agency has only ministerial authority.
(C) A list of specific activities which the public agency has found to be within the categorical exemptions established by these guidelines.
(2) Conducting initial studies.
(3) Preparing negative declarations.
(4) Preparing draft and final EIRs.
(5) Consulting with and obtaining comments from other public agencies and members of the public with regard to the environmental effects of projects.
(6) Assuring adequate opportunity and time for public review and comment on the Draft EIR or Negative Declaration.
(7) Evaluating and responding to comments received on environmental documents.
(8) Assigning responsibility for determining the adequacy of an EIR or negative declaration.
(9) Reviewing and considering environmental documents by the person or decision making body who will approve or disapprove a project.
(10) Filing documents required or authorized by CEQA and these Guidelines.
(11) Providing adequate comments on environmental documents which are submitted to the public agency for review.
(12) Assigning responsibility for specific functions to particular units of the public agency.
(13) Providing time periods for performing functions under CEQA.
(b) Any district, including a school district, need not adopt objectives, criteria, and procedures of its own if it uses the objectives, criteria, and procedures of another public agency whose boundaries are coterminous with or entirely encompass the district. 
(c) Public agencies should revise their implementing procedures to conform to amendments to these guidelines within 120 days after the effective date of the amendments. During the period while the public agency is revising its procedures, the agency must conform to any statutory changes in the California Environmental Quality Act that have become effective regardless of whether the public agency has revised its formally adopted procedures to conform to the statutory changes.
(d) In adopting procedures to implement CEQA, a public agency may adopt the State CEQA Guidelines through incorporation by reference. The agency may then adopt only those specific procedures or provisions described in subsection (a) which are necessary to tailor the general provisions of the guidelines to the specific operations of the agency. A public agency may also choose to adopt a complete set of procedures identifying in one document all the necessary requirements.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21082, 21100.2 and 21151.5, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15023. Office of Planning and Research (OPR).
Note     •     History

(a) From time to time OPR shall review the State CEQA Guidelines and shall make recommendations for amendments to the Secretary for Resources.
(b) OPR shall receive and evaluate proposals for adoption, amendment, or repeal of categorical exemptions and shall make recommendations on the proposals to the Secretary for Resources. People making suggestions concerning categorical exemptions shall submit their recommendations to OPR with supporting information to show that the class of projects in the proposal either will or will not have a significant effect on the environment.
(c) The State Clearinghouse in the Office of Planning and Research shall be responsible for distributing environmental documents to State agencies, departments, boards, and commissions for review and comment.
(d) Upon request of a Lead Agency or a project applicant, OPR shall provide assistance in identifying the various responsible agencies and any federal agencies which have responsibility for carrying out or approving a proposed project.
(e) OPR shall ensure that state responsible agencies provide the necessary information to lead agencies in response to notices of preparation within at most 30 days after receiving a notice of preparation.
(f) OPR shall resolve disputes as to which agency is the lead agency for a project.
(g) OPR shall receive and file all notices of completion, determination, and exemption.
(h) OPR shall establish and maintain a database for the collection, storage, retrieval, and dissemination of notices of exemption, notices of preparation, notices of determination, and notices of completion provided to the office. This database of notice information shall be available through the Internet.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.4, 21083, 21086, 21087, 21108, 21159.9 and 21161, Public Resources Code.
HISTORY

1. Amendment of subsection (e) and new subsection (g) filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. New subsection (h) and amendment of Note filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15024. Secretary for Resources.
Note     •     History

(a) The Guidelines shall be adopted by the Secretary for Resources. The Secretary shall make a finding that each class of projects given a categorical exemption will not have a significant effect on the environment.
(b) The Secretary may issue amendments to these Guidelines.
(c) The Secretary shall certify state environmental regulatory programs which meet the standards for certification in Section 21080.5, Public Resources Code.
(d) The Secretary shall receive and file notices required by certified state environmental regulatory programs.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.5, 21083, 21084, 21086, 21088 and 21152, Public Resources Code.
HISTORY

1. Amendment filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15025. Delegation of Responsibilities.
Note     •     History

(a) A public agency may assign specific functions to its staff to assist in administering CEQA. Functions which may be delegated include but are not limited to:
(1) Determining whether a project is exempt.
(2) Conducting an initial study and deciding whether to prepare a draft EIR or negative declaration.
(3) Preparing a negative declaration or EIR.
(4) Determining that a negative declaration has been completed within a period of 180 days.
(5) Preparing responses to comments on environmental documents.
(6) Filing of notices.
(b) The decisionmaking body of a public agency shall not delegate the following functions:
(1) Reviewing and considering a final EIR or approving a negative declaration prior to approving a project.
(2) The making of findings as required by Sections 15091 and 15093.
(c) Where an advisory body such as a planning commission is required to make a recommendation on a project to the decisionmaking body, the advisory body shall also review and consider the EIR or negative declaration in draft or final form.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21082, 21100.2 and 21151.5, Public Resources Code; Kleist v. City of Glendale (1976) 56 Cal. App. 3d 770.
HISTORY

1. Change without regulatory effect amending subsection (a)(4) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 3. Authorities Granted to Public Agencies by CEQA
§15040. Authority Provided by CEQA.
Note     •     History

(a) CEQA is intended to be used in conjunction with discretionary powers granted to public agencies by other laws.
(b) CEQA does not grant an agency new powers independent of the powers granted to the agency by other laws.
(c) Where another law grants an agency discretionary powers, CEQA supplements those discretionary powers by authorizing the agency to use the discretionary powers to mitigate or avoid significant effects on the environment when it is feasible to do so with respect to projects subject to the powers of the agency. Prior to January 1, 1983, CEQA provided implied authority for an agency to use its discretionary powers to mitigate or avoid significant effects on the environment. Effective January 1, 1983, CEQA provides express authority to do so.
(d) The exercise of the discretionary powers may take forms that had not been expected before the enactment of CEQA, but the exercise must be within the scope of the power.
(e) The exercise of discretionary powers for environmental protection shall be consistent with express or implied limitations provided by other laws.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000, 21001, 21002, 21002.1 and 21004, Public Resources Code; Section 4, Chapter 1438, Statutes of 1982; Golden Gate Bridge, Etc., Dist. v. Muzzi, (1978) 83 Cal. App. 3d 707; E.D.F. v. Mathews, 410 F. Supp. 336, 339 (D.D.C., 1976); Friends of Mammoth v. Board of Supervisors, (1972) 8 Cal. 3d 247; Pinewood Investors v. City of Oxnard (1982) 133 Cal. App. 3d 1030.
HISTORY

1. Repealer of Article 3 (Sections 15010-15016) and new Article 3 (Sections 15040-15045) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Registers 82, No. 2; 80, No. 19; 78, No. 5; 76, No. 41; 75, Nos. 1 and 18; 74, Nos. 3 and 4; and 73, No. 50.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15041. Authority to Mitigate.
Note     •     History

Within the limitations described in Section 15040: 
(a) A lead agency for a project has authority to require feasible changes in any or all activities involved in the project in order to substantially lessen or avoid significant effects on the environment, consistent with applicable constitutional requirements such as the “nexus” and “rough proportionality” standards established by case law (Nollan v. California Coastal Commission (1987) 483 U.S. 825, Dolan v. City of Tigard, (1994) 512 U.S. 374, Ehrlich v. City of Culver City, (1996) 12 Cal. 4th 854.).
(b) When a public agency acts as a responsible agency for a project, the agency shall have more limited authority than a lead agency. The responsible agency may require changes in a project to lessen or avoid only the effects, either direct or indirect, of that part of the project which the agency will be called on to carry out or approve.
(c) With respect to a project which includes housing development, a lead or responsible agency shall not reduce the proposed number of housing units as a mitigation measure or alternative to lessen a particular significant effect on the environment if that agency determines that there is another feasible, specific mitigation measure or alternative that would provide a comparable lessening of the significant effect.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002, 21002.1 and 21159.26, Public Resources Code; Golden Gate Bridge, Etc., District v. Muzzi (1978) 83 Cal. App. 3d 707; and Laurel Hills Homeowners Assn. v. City Council of City of Los Angeles (1978) 83 Cal.App.3d 515.
HISTORY

1. Amendment of first paragraph, subsection (a) and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15042. Authority to Disapprove Projects.
Note     •     History

A public agency may disapprove a project if necessary in order to avoid one or more significant effects on the environment that would occur if the project were approved as proposed. A lead agency has broader authority to disapprove a project than does a responsible agency. A responsible agency may refuse to approve a project in order to avoid direct or indirect environmental effects of that part of the project which the responsible agency would be called on to carry out or approve. For example, an air quality management district acting as a responsible agency would not have authority to disapprove a project for water pollution effects that were unrelated to the air quality aspects of the project regulated by the district.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002 and 21002.1, Public Resources Code; Friends of Mammoth v. Mono County, 8 Cal. App. 3d 247; San Diego Trust and Savings Bank v. Friends of Gill, 121 Cal. App. 3d 203.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15043. Authority to Approve Projects Despite Significant Effects.
Note     •     History

A public agency may approve a project even though the project would cause a significant effect on the environment if the agency makes a fully informed and publicly disclosed decision that:
(a) There is no feasible way to lessen or avoid the significant effect (see Section 15091); and
(b) Specifically identified expected benefits from the project outweigh the policy of reducing or avoiding significant environmental impacts of the project. (See Section 15093.)
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002 and 21002.1, Public Resources Code; San Francisco Ecology Center v. City and County of San Francisco, (1975) 48 Cal. App. 3d 584; San Diego Trust & Savings Bank v. Friends of Gill, (1981) 121 Cal. App. 3d 203.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15044. Authority to Comment.
Note     •     History

Any person or entity other than a responsible agency may submit comments to a lead agency concerning any environmental effects of a project being considered by the lead agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000, 21001, 21002.1, 21104 and 21153, Public Resources Code.
HISTORY

1. Amendment filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15045. Fees.
Note     •     History

(a) For a project to be carried out by any person or entity other than the lead agency, the lead agency may charge and collect a reasonable fee from the person or entity proposing the project in order to recover the estimated costs incurred in preparing environmental documents and for procedures necessary to comply with CEQA on the project. Litigation expenses, costs and fees incurred in actions alleging noncompliance with CEQA are not recoverable under this section.
(b) Public agencies may charge and collect a reasonable fee from members of the public for a copy of an environmental document not to exceed the actual cost of reproducing a copy.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21089 and 21105, Public Resources Code.
HISTORY

1. Amendment of subsection (a) and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 4. Lead Agency
§15050. Lead Agency Concept.
Note     •     History

(a) Where a project is to be carried out or approved by more than one public agency, one public agency shall be responsible for preparing an EIR or negative declaration for the project. This agency shall be called the lead agency.
(b) Except as provided in subdivision (c), the decisionmaking body of each responsible agency shall consider the lead agency's EIR or negative declaration prior to acting upon or approving the project. Each responsible agency shall certify that its decisionmaking body reviewed and considered the information contained in the EIR or negative declaration on the project.
(c) The determination of the lead agency of whether to prepare an EIR or a negative declaration shall be final and conclusive for all persons, including responsible agencies, unless:
(1) The decision is successfully challenged as provided in Section 21167 of the Public Resources Code,
(2) Circumstances or conditions change as provided in Section 15162, or
(3) A responsible agency becomes a lead agency under Section 15052.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.1, 21165 and 21167.2, Public Resources Code.
HISTORY

1. Repealer of Article 4 (Sections 15020-15043) and new Article 4 (Sections 15050-15053) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Registers 82, No. 2; 80, No. 19; 78, No. 5; 76, No. 41; 75, Nos. 1, 5 and 22; 74, Nos. 13 and 26; and 73, No. 50.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending subsection (b) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15051. Criteria for Identifying the Lead Agency.
Note     •     History

Where two or more public agencies will be involved with a project, the determination of which agency will be the lead agency shall be governed by the following criteria:
(a) If the project will be carried out by a public agency, that agency shall be the lead agency even if the project would be located within the jurisdiction of another public agency.
(b) If the project is to be carried out by a nongovernmental person or entity, the lead agency shall be the public agency with the greatest responsibility for supervising or approving the project as a whole.
(1) The lead agency will normally be the agency with general governmental powers, such as a city or county, rather than an agency with a single or limited purpose such as an air pollution control district or a district which will provide a public service or public utility to the project.
(2) Where a city prezones an area, the city will be the appropriate lead agency for any subsequent annexation of the area and should prepare the appropriate environmental document at the time of the prezoning. The local agency formation commission shall act as a responsible agency.
(c) Where more than one public agency equally meet the criteria in subdivision (b), the agency which will act first on the project in question shall be the lead agency.
(d) Where the provisions of subdivisions (a), (b), and (c) leave two or more public agencies with a substantial claim to be the lead agency, the public agencies may by agreement designate an agency as the lead agency. An agreement may also provide for cooperative efforts by two or more agencies by contract, joint exercise of powers, or similar devices.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21165, Public Resources Code.
HISTORY

1. Change without regulatory effect amending subsections (c) and (d) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15052. Shift in Lead Agency Designation.
Note     •     History

(a) Where a responsible agency is called on to grant an approval for a project subject to CEQA for which another public agency was the appropriate lead agency, the responsible agency shall assume the role of the lead agency when any of the following conditions occur: 
(1) The lead agency did not prepare any environmental documents for the project, and the statute of limitations has expired for a challenge to the action of the appropriate lead agency.
(2) The lead agency prepared environmental documents for the project, but the following conditions occur:
(A) A subsequent EIR is required pursuant to Section 15162,
(B) The lead agency has granted a final approval for the project, and
(C) The statute of limitations for challenging the lead agency's action under CEQA has expired.
(3) The lead agency prepared inadequate environmental documents without consulting with the responsible agency as required by Sections 15072 or 15082, and the statute of limitations has expired for a challenge to the action of the appropriate lead agency.
(b) When a responsible agency assumes the duties of a lead agency under this section, the time limits applicable to a lead agency shall apply to the actions of the agency assuming the lead agency duties.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21165, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15053. Designation of Lead Agency by the Office of Planning and Research.
Note     •     History

(a) If there is a dispute over which of several agencies should be the lead agency for a project, the disputing agencies should consult with each other in an effort to resolve the dispute prior to submitting it to the Office of Planning and Research. If an agreement cannot be reached, any of the disputing public agencies, or the applicant if a private project is involved, may submit the dispute to the Office of Planning and Research for resolution.
(b) For purposes of this section, a “dispute” means a contested, active difference of opinion between two or more public agencies as to which of those agencies shall prepare any necessary environmental document. A dispute exists where each of those agencies claims that it either has or does not have the obligation to prepare that environmental document.
(c) The Office of Planning and Research shall designate a lead agency within 21 days after receiving a completed request to resolve a dispute. The Office of Planning and Research shall not designate a lead agency in the absence of a dispute.
(d) Regulations adopted by the Office of Planning and Research for resolving lead agency disputes may be found in Title 14, California Code of Regulations, Sections 16000 et seq.
(e) Designation of a lead agency by the Office of Planning and Research shall be based on consideration of the criteria in Section 15051 as well as the capacity of the agency to adequately fulfill the requirements of CEQA.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21165, Public Resources Code; and California Code of Regulations, Title 14, Sections 16000-16041.
HISTORY

1. Change without regulatory effect amending subsections (c) and (d) and amending Note filed 7-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 30).
2. Change without regulatory effect amending section heading, section and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
3. Amendment filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
Article 5. Preliminary Review of Projects and Conduct of Initial Study
§15060. Preliminary Review.
Note     •     History

(a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. While conducting this review for completeness, the agency should be alert for environmental issues that might require preparation of an EIR or that may require additional explanation by the applicant. Accepting an application as complete does not limit the authority of the lead agency to require the applicant to submit additional information needed for environmental evaluation of the project. Requiring such additional information after the application is complete does not change the status of the application.
(b) Except as provided in Section 15111, the lead agency shall begin the formal environmental evaluation of the project after accepting an application as complete and determining that the project is subject to CEQA. 
(c) Once an application is deemed complete, a lead agency must first determine whether an activity is subject to CEQA before conducting an initial study. An activity is not subject to CEQA if:
(1) The activity does not involve the exercise of discretionary powers by a public agency;
(2) The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; or
(3) The activity is not a project as defined in Section 15378.
(d) If the lead agency can determine that an EIR will be clearly required for a project, the agency may skip further initial review of the project and begin work directly on the EIR process described in Article 9, commencing with Section 15080. In the absence of an initial study, the lead agency shall still focus the EIR on the significant effects of the project and indicate briefly its reasons for determining that other effects would not be significant or potentially significant.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080(b), 21080.2 and 21160, Public Resources Code.
HISTORY

1. Repealer of Article 5 (Sections 15050-15056) and new Article 5 (Sections 15060-15065) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Registers 80, No. 19; 78, No. 5; 76, No. 41; 75, Nos. 1, 5 and 22; and 73, No. 50.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15060.5. Preapplication Consultation.
Note     •     History

(a) For a potential project involving the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies, the lead agency shall, upon the request of a potential applicant and prior to the filing of a formal application, provide for consultation with the potential applicant to consider the range of actions, potential alternatives, mitigation measures, and any potential significant effects on the environment of the potential project.
(b) The lead agency may include in the consultation one or more responsible agencies, trustee agencies, and other public agencies who in the opinion of the lead agency may have an interest in the proposed project. The lead agency may consult the Office of Permit Assistant in the Trade and Commerce Agency for help in identifying interested agencies.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080.1, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15061. Review for Exemption.
Note     •     History

(a) Once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA.
(b) A project is exempt from CEQA if:
(1) The project is exempt by statute (see, e.g. Article 18, commencing with Section 15260).
(2) The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2.
(3) The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
(4) The project will be rejected or disapproved by a public agency. (See Section 15270(b)).
(5) The project is exempt pursuant to the provisions of Article 12.5 of this Chapter.
(c) Each public agency should include in its implementing procedures a listing of the projects often handled by the agency that the agency has determined to be exempt. This listing should be used in preliminary review.
(d) After determining that a project is exempt, the agency may prepare a notice of exemption as provided in Section 15062. Although the notice may be kept with the project application at this time, the notice shall not be filed with the Office of Planning and Research or the county clerk until the project has been approved.
(e) When a non-elected official or decisionmaking body of a local lead agency decides that a project is exempt from CEQA, and the public agency approves or determines to carry out the project, the decision that the project is exempt may be appealed to the local lead agency's elected decisionmaking body, if one exists. A local lead agency may establish procedures governing such appeals.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080(b), 21080.9, 21080.10, 21084, 21108(b), 21151, 21152(b) and 21159.21, Public Resources Code; No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d 68.
HISTORY

1. Amendment of subsection (d) filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
4. New subsections (b)(5) and (e) and amendment of Note filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15062. Notice of Exemption.
Note     •     History

(a) When a public agency decides that a project is exempt from CEQA pursuant to Section 15061, and the public agency approves or determines to carry out the project, the agency may file a notice of exemption. The notice shall be filed, if at all, after approval of the project. Such a notice shall include:
(1) A brief description of the project,
(2) The location of the project (either by street address and cross street for a project in an urbanized area or by attaching a specific map, preferably a copy of a U.S.G.S. 15' or 7-1/2' topographical map identified by quadrangle name),
(3) A finding that the project is exempt from CEQA, including a citation to the State Guidelines section or statute under which it is found to be exempt, 
(4) A brief statement of reasons to support the finding, and
(5) The applicant's name, if any.
(b) A notice of exemption may be filled out and may accompany the project application through the approval process. The notice shall not be filed with the county clerk or OPR until the project has been approved.
(c) When a public agency approves an applicant's project, either the agency or the applicant may file a notice of exemption.
(1) When a state agency files this notice, the notice of exemption shall be filed with the Office of Planning and Research. A form for this notice is provided in Appendix E (Revised 2011). A list of all such notices shall be posted on a weekly basis at the Office of Planning and Research, 1400 Tenth Street, Sacramento, California. The list shall remain posted for at least 30 days. The Office of Planning and Research shall retain each notice for not less than 12 months.
(2) When a local agency files this notice, the notice of exemption shall be filed with the county clerk of each county in which the project will be located. Copies of all such notices will be available for public inspection and such notices shall be posted within 24 hours of receipt in the office of the county clerk. Each notice shall remain posted for a period of 30 days. Thereafter, the clerk shall return the notice to the local agency with a notation of the period it was posted. The local agency shall retain the notice for not less than 12 months.
(3) All public agencies are encouraged to make postings pursuant to this section available in electronic format on the Internet. Such electronic postings are in addition to the procedures required by these guidelines and the Public Resources Code.
(4) When an applicant files this notice, special rules apply.
(A) The notice filed by an applicant is filed in the same place as if it were filed by the agency granting the permit. If the permit was granted by a state agency, the notice is filed with the Office of Planning and Research. If the permit was granted by a local agency, the notice is filed with the county clerk of the county or counties in which the project will be located.
(B) The notice of exemption filed by an applicant shall contain the information required in subdivision (a) together with a certified document issued by the public agency stating that the agency has found the project to be exempt. The certified document may be a certified copy of an existing document or record of the public agency.
(C) A notice filed by an applicant is subject to the same posting and time requirements as a notice filed by a public agency. 
(d) The filing of a Notice of Exemption and the posting on the list of notices start a 35 day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180 day statute of limitations will apply.
(e) When a local agency determines that a project is not subject to CEQA under sections 15193, 15194, or 15195, and it approves or determines to carry out that project, the local agency or person seeking project approval shall file a notice with OPR identifying the section under which the exemption is claimed.
NOTE

Authority cited: Sections 21083 and 21108, Public Resources Code. Reference: Sections 21108, 21152 and 21152.1, Public Resources Code.
HISTORY

1. Amendment of subsections (b) and (c) filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of subsections (a)(2), (c)(1), (c)(2), (c)(3)(A) and (c)(3)(C) filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
3. New subsection (c)(3) and subsection renumbering filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
4. New subsection (a)(2), subsection renumbering and amendment of subsections (c)(1)-(2) filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
5. Change without regulatory effect amending subsections (c)(1), (c)(2) and (c)(4)(A) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
6. Amendment of subsection (a), new subsection (e) and amendment of Note filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
7. Change without regulatory effect amending subsections (a)(2)-(4), adding subsection (a)(5), amending subsection (c)(1) and amending Note filed 12-9-2011 pursuant to section 100, title 1, California Code of Regulations; operative 1-1-2012 pursuant to AB 320, Hill (signed 10-10-2011, effective 1-1-2012) (Register 2011, No. 49).
§15063. Initial Study.
Note     •     History

(a) Following preliminary review, the lead agency shall conduct an initial study to determine if the project may have a significant effect on the environment. If the lead agency can determine that an EIR will clearly be required for the project, an initial study is not required but may still be desirable.
(1) All phases of project planning, implementation, and operation must be considered in the initial study of the project.
(2) To meet the requirements of this section, the lead agency may use an environmental assessment or a similar analysis prepared pursuant to the National Environmental Policy Act.
(3) An initial study may rely upon expert opinion supported by facts, technical studies or other substantial evidence to document its findings. However, an initial study is neither intended nor required to include the level of detail included in an EIR.
(b) Results.
(1) If the agency determines that there is substantial evidence that any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, the lead agency shall do one of the following:
(A) Prepare an EIR or
(B) Use a previously prepared EIR which the lead agency determines would adequately analyze the project at hand, or
(C) Determine, pursuant to a program EIR, tiering, or another appropriate process, which of a project's effects were adequately examined by an earlier EIR or negative declaration. Another appropriate process may include, for example, a master EIR, a master environmental assessment, approval of housing and neighborhood commercial facilities in urban areas, approval of residential projects pursuant to a specific plan as described in section 15182, approval of residential projects consistent with a community plan, general plan or zoning as described in section 15183, or an environmental document prepared under a State certified regulatory program. The lead agency shall then ascertain which effects, if any, should be analyzed in a later EIR or negative declaration.
(2) The lead agency shall prepare a negative declaration if there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment.
(c) Purposes. The purposes of an initial study are to:
(1) Provide the lead agency with information to use as the basis for deciding whether to prepare an EIR or negative declaration;
(2) Enable an applicant or lead agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a negative declaration;
(3) Assist the preparation of an EIR, if one is required, by:
(A) Focusing the EIR on the effects determined to be significant, 
(B) Identifying the effects determined not to be significant, 
(C) Explaining the reasons for determining that potentially significant effects would not be significant, and
(D) Identifying whether a program EIR, tiering, or another appropriate process can be used for analysis of the project's environmental effects.
(4) Facilitate environmental assessment early in the design of a project;
(5) Provide documentation of the factual basis for the finding in a negative declaration that a project will not have a significant effect on the environment;
(6) Eliminate unnecessary EIRs;
(7) Determine whether a previously prepared EIR could be used with the project.
(d) Contents. An initial study shall contain in brief form:
(1) A description of the project including the location of the project;
(2) An identification of the environmental setting;
(3) An identification of environmental effects by use of a checklist, matrix, or other method, provided that entries on a checklist or other form are briefly explained to indicate that there is some evidence to support the entries. The brief explanation may be either through a narrative or a reference to another information source such as an attached map, photographs, or an earlier EIR or negative declaration. A reference to another document should include, where appropriate, a citation to the page or pages where the information is found.
(4) A discussion of ways to mitigate the significant effects identified, if any;
(5) An examination of whether the project would be consistent with existing zoning, plans, and other applicable land use controls;
(6) The name of the person or persons who prepared or participated in the initial study.
(e) Submission of Data. If the project is to be carried out by a private person or private organization, the lead agency may require such person or organization to submit data and information which will enable the lead agency to prepare the initial study. Any person may submit any information in any form to assist a lead agency in preparing an initial study.
(f) Format. Sample forms for an applicant's project description and a review form for use by the lead agency are contained in Appendices G and H. When used together, these forms would meet the requirements for an initial study, provided that the entries on the checklist are briefly explained pursuant to subdivision (d)(3). These forms are only suggested, and public agencies are free to devise their own format for an initial study. A previously prepared EIR may also be used as the initial study for a later project.
(g) Consultation. As soon as a lead agency has determined that an initial study will be required for the project, the lead agency shall consult informally with all responsible agencies and all trustee agencies responsible for resources affected by the project to obtain the recommendations of those agencies as to whether an EIR or a negative declaration should be prepared. During or immediately after preparation of an initial study for a private project, the lead agency may consult with the applicant to determine if the applicant is willing to modify the project to reduce or avoid the significant effects identified in the initial study.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080(c), 21080.1, 21080.3, 21082.1, 21100 and 21151, Public Resources Code; Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359, San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App.4th 713, Leonoff v. Monterey County Board of Supervisors (1990) 222 Cal.App.3d 1337.
HISTORY

1. Amendment filed 8-19-94; operative 9-19-94 (Register 94, No. 33).
2. Amendment of subsection (a)(2), new subsection (b)(3) and amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsections (b)(1)(C) and (f) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15064. Determining the Significance of the Environmental Effects Caused by a Project.
Note     •     History

(a) Determining whether a project may have a significant effect plays a critical role in the CEQA process.
(1) If there is substantial evidence, in light of the whole record before a lead agency, that a project may have a significant effect on the environment, the agency shall prepare a draft EIR.
(2) When a final EIR identifies one or more significant effects, the lead agency and each responsible agency shall make a finding under Section 15091 for each significant effect and may need to make a statement of overriding considerations under Section 15093 for the project.
(b) The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved, based to the extent possible on scientific and factual data. An ironclad definition of significant effect is not always possible because the significance of an activity may vary with the setting. For example, an activity which may not be significant in an urban area may be significant in a rural area.
(c) In determining whether an effect will be adverse or beneficial, the lead agency shall consider the views held by members of the public in all areas affected as expressed in the whole record before the lead agency. Before requiring the preparation of an EIR, the lead agency must still determine whether environmental change itself might be substantial.
(d) In evaluating the significance of the environmental effect of a project, the lead agency shall consider direct physical changes in the environment which may be caused by the project and reasonably foreseeable indirect physical changes in the environment which may be caused by the project.
(1) A direct physical change in the environment is a physical change in the environment which is caused by and immediately related to the project. Examples of direct physical changes in the environment are the dust, noise, and traffic of heavy equipment that would result from construction of a sewage treatment plant and possible odors from operation of the plant.
(2) An indirect physical change in the environment is a physical change in the environment which is not immediately related to the project, but which is caused indirectly by the project. If a direct physical change in the environment in turn causes another change in the environment, then the other change is an indirect physical change in the environment. For example, the construction of a new sewage treatment plant may facilitate population growth in the service area due to the increase in sewage treatment capacity and may lead to an increase in air pollution.
(3) An indirect physical change is to be considered only if that change is a reasonably foreseeable impact which may be caused by the project. A change which is speculative or unlikely to occur is not reasonably foreseeable.
(e) Economic and social changes resulting from a project shall not be treated as significant effects on the environment. Economic or social changes may be used, however, to determine that a physical change shall be regarded as a significant effect on the environment. Where a physical change is caused by economic or social effects of a project, the physical change may be regarded as a significant effect in the same manner as any other physical change resulting from the project. Alternatively, economic and social effects of a physical change may be used to determine that the physical change is a significant effect on the environment. If the physical change causes adverse economic or social effects on people, those adverse effects may be used as a factor in determining whether the physical change is significant. For example, if a project would cause overcrowding of a public facility and the overcrowding causes an adverse effect on people, the overcrowding would be regarded as a significant effect. 
(f) The decision as to whether a project may have one or more significant effects shall be based on substantial evidence in the record of the lead agency.
(1) If the lead agency determines there is substantial evidence in the record that the project may have a significant effect on the environment, the lead agency shall prepare an EIR (Friends of B Street v. City of Hayward (1980) 106 Cal. App. 3d 988). Said another way, if a lead agency is presented with a fair argument that a project may have a significant effect on the environment, the lead agency shall prepare an EIR even though it may also be presented with other substantial evidence that the project will not have a significant effect (No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d 68).
(2) If the lead agency determines there is substantial evidence in the record that the project may have a significant effect on the environment but the lead agency determines that revisions in the project plans or proposals made by, or agreed to by, the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur and there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment then a mitigated negative declaration shall be prepared.
(3) If the lead agency determines there is no substantial evidence that the project may have a significant effect on the environment, the lead agency shall prepare a negative declaration (Friends of B Street v. City of Hayward (1980) 106 Cal. App. 3d 988).
(4) The existence of public controversy over the environment effects of a project will not require preparation of an EIR if there is no substantial evidence before the agency that the project may have a significant effect on the environment.
(5) Argument, speculation, unsubstantiated opinion or narrative, or evidence that is clearly inaccurate or erroneous, or evidence that is not credible, shall not constitute substantial evidence. Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.
(6) Evidence of economic and social impacts that do not contribute to or are not caused by physical changes in the environment is not substantial evidence that the project may have a significant effect on the environment.
(7) The provisions of sections 15162, 15163, and 15164 apply when the project being analyzed is a change to, or further approval for, a project for which an EIR or negative declaration was previously certified or adopted (e.g. a tentative subdivision, conditional use permit). Under case law, the fair argument standard does not apply to determinations of significance pursuant to sections 15162, 15163, and 15164.
(g) After application of the principles set forth above in Section 15064(f), and in marginal cases where it is not clear whether there is substantial evidence that a project may have a significant effect on the environment, the lead agency shall be guided by the following principle: If there is disagreement among expert opinion supported by facts over the significance of an effect on the environment, the Lead Agency shall treat the effect as significant and shall prepare an EIR.
(h)(1) When assessing whether a cumulative effect requires an EIR, the lead agency shall consider whether the cumulative impact is significant and whether the effects of the project are cumulatively considerable. An EIR must be prepared if the cumulative impact may be significant and the project's incremental effect, though individually limited, is cumulatively considerable. “Cumulatively considerable” means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.
(2) A lead agency may determine in an initial study that a project's contribution to a significant cumulative impact will be rendered less than cumulatively considerable and thus is not significant. When a project might contribute to a significant cumulative impact, but the contribution will be rendered less than cumulatively considerable through mitigation measures set forth in a mitigated negative declaration, the initial study shall briefly indicate and explain how the contribution has been rendered less than cumulatively considerable.
(3) A lead agency may determine that a project's incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program (including, but not limited to, water quality control plan, air quality attainment or maintenance plan, integrated waste management plan, habitat conservation plan, natural community conservation plan, plans or regulations for the reduction of greenhouse gas emissions) that provides specific requirements that will avoid or substantially lessen the cumulative problem within the geographic area in which the project is located. Such plans or programs must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency. When relying on a plan, regulation or program, the lead agency should explain how implementing the particular requirements in the plan, regulation or program ensure that the project's incremental contribution to the cumulative effect is not cumulatively considerable. If there is substantial evidence that the possible effects of a particular project are still cumulatively considerable notwithstanding that the project complies with the specified plan or mitigation program addressing the cumulative problem, an EIR must be prepared for the project.
(4) The mere existence of significant cumulative impacts caused by other projects alone shall not constitute substantial evidence that the proposed project's incremental effects are cumulatively considerable.
NOTE

Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Sections 21003, 21065, 21068, 21080, 21082, 21082.1, 21082.2, 21083, 21083.05 and 21100, Public Resources Code; No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68; San Joaquin Raptor/Wildlife Center v. County of Stanislaus (1996) 42 Cal.App.4th 608; Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359; Laurel Heights Improvement Assn. v. Regents of the University of California (1993) 6 Cal.4th 1112; and Communities for a Better Environment v. California Resources Agency (2002) 103 Cal.App.4th 98.
HISTORY

1. Amendment of section heading, section and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Repealer of subsection (i) and new subsections (i)(1)(A)-(i)(4) filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
3. Repealer of subsection (e), subsection relettering, new subsections (f)(7) and (i)(1)-(i)(5) and amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
4. Change without regulatory effect amending subsections (g), (h)(1)(A), (h)(1)(C) and (h)(2) filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
5. Change without regulatory effect repealing subsections (h)-(h)(4) and (i)(4), relettering and renumbering subsections, amending newly designated subsection (h)(1) and amending Note filed 7-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 30).
6. Amendment of subsections (h)(1) and (h)(3) filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
7. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
8. Amendment of subsections (f)(5) and (h)(3) and Note filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).
§15064.4. Determining the Significance of Impacts from Greenhouse Gas Emissions.
Note     •     History

(a) The determination of the significance of greenhouse gas emissions calls for a careful judgment by the lead agency consistent with the provisions in section 15064. A lead agency should make a good-faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate the amount of greenhouse gas emissions resulting from a project. A lead agency shall have discretion to determine, in the context of a particular project, whether to:
(1) Use a model or methodology to quantify greenhouse gas emissions resulting from a project, and which model or methodology to use. The lead agency has discretion to select the model or methodology it considers most appropriate provided it supports its decision with substantial evidence. The lead agency should explain the limitations of the particular model or methodology selected for use; and/or
(2) Rely on a qualitative analysis or performance based standards.
(b) A lead agency should consider the following factors, among others, when assessing the significance of impacts from greenhouse gas emissions on the environment:
(1) The extent to which the project may increase or reduce greenhouse gas emissions as compared to the existing environmental setting;
(2) Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project.
(3) The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions. Such requirements must be adopted by the relevant public agency through a public review process and must reduce or mitigate the project's incremental contribution of greenhouse gas emissions. If there is substantial evidence that the possible effects of a particular project are still cumulatively considerable notwithstanding compliance with the adopted regulations or requirements, an EIR must be prepared for the project.
NOTE

Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Sections 21001, 21002, 21003, 21065, 21068, 21080, 21082, 21082.1, 21082.2, 21083.05 and 21100, Public Resources Code; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147 Cal.App.4th 357; Mejia v. City of Los Angeles (2005) 130 Cal.App.4th 322; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th 1099; Communities for a Better Environment v. California Resources Agency (2002) 103 Cal.App.4th 98; Berkeley Keep Jets Over the Bay Com. v. Board of Port Comm. (2001) 91 Cal.App.4th 1344; and City of Irvine v. Irvine Citizens Against Overdevelopment (1994) 25 Cal.App.4th 868. 
HISTORY

1. New section filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).
§15064.5. Determining the Significance of Impacts to Archaeological and Historical Resources.
Note     •     History

(a) For purposes of this section, the term “historical resources” shall include the following:
(1) A resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources (Pub. Res. Code §5024.1, Title 14 CCR, Section 4850 et seq.).
(2) A resource included in a local register of historical resources, as defined in section 5020.1(k) of the Public Resources Code or identified as significant in an historical resource survey meeting the requirements section 5024.1(g) of the Public Resources Code, shall be presumed to be historically or culturally significant. Public agencies must treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant.
(3) Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California may be considered to be an historical resource, provided the lead agency's determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the California Register of Historical Resources (Pub. Res. Code, §5024.1, Title 14 CCR, Section 4852) including the following:
(A) Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage;
(B) Is associated with the lives of persons important in our past; 
(C) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or
(D) Has yielded, or may be likely to yield, information important in prehistory or history.
(4) The fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, not included in a local register of historical resources (pursuant to section 5020.1(k) of the Public Resources Code), or identified in an historical resources survey (meeting the criteria in section 5024.1(g) of the Public Resources Code) does not preclude a lead agency from determining that the resource may be an historical resource as defined in Public Resources Code sections 5020.1(j) or 5024.1.
(b) A project with an effect that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment.
(1) Substantial adverse change in the significance of an historical resource means physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resource would be materially impaired.
(2) The significance of an historical resource is materially impaired when a project:
(A) Demolishes or materially alters in an adverse manner those physical characteristics of an historical resource that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the California Register of Historical Resources; or 
(B) Demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources pursuant to section 5020.1(k) of the Public Resources Code or its identification in an historical resources survey meeting the requirements of section 5024.1(g) of the Public Resources Code, unless the public agency reviewing the effects of the project establishes by a preponderance of evidence that the resource is not historically or culturally significant; or
(C) Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its eligibility for inclusion in the California Register of Historical Resources as determined by a lead agency for purposes of CEQA.
(3) Generally, a project that follows the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grimmer, shall be considered as mitigated to a level of less than a significant impact on the historical resource.
(4) A lead agency shall identify potentially feasible measures to mitigate significant adverse changes in the significance of an historical resource. The lead agency shall ensure that any adopted measures to mitigate or avoid significant adverse changes are fully enforceable through permit conditions, agreements, or other measures.
(5) When a project will affect state-owned historical resources, as described in Public Resources Code Section 5024, and the lead agency is a state agency, the lead agency shall consult with the State Historic Preservation Officer as provided in Public Resources Code Section 5024.5. Consultation should be coordinated in a timely fashion with the preparation of environmental documents.
(c) CEQA applies to effects on archaeological sites.
(1) When a project will impact an archaeological site, a lead agency shall first determine whether the site is an historical resource, as defined in subdivision (a). 
(2) If a lead agency determines that the archaeological site is an historical resource, it shall refer to the provisions of Section 21084.1 of the Public Resources Code, and this section, Section 15126.4 of the Guidelines, and the limits contained in Section 21083.2 of the Public Resources Code do not apply.
(3) If an archaeological site does not meet the criteria defined in subdivision (a), but does meet the definition of a unique archeological resource in Section 21083.2 of the Public Resources Code, the site shall be treated in accordance with the provisions of section 21083.2. The time and cost limitations described in Public Resources Code Section 21083.2 (c-f) do not apply to surveys and site evaluation activities intended to determine whether the project location contains unique archaeological resources.
(4) If an archaeological resource is neither a unique archaeological nor an historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment. It shall be sufficient that both the resource and the effect on it are noted in the Initial Study or EIR, if one is prepared to address impacts on other resources, but they need not be considered further in the CEQA process.
(d) When an initial study identifies the existence of, or the probable likelihood, of Native American human remains within the project, a lead agency shall work with the appropriate Native Americans as identified by the Native American Heritage Commission as provided in Public Resources Code section 5097.98. The applicant may develop an agreement for treating or disposing of, with appropriate dignity, the human remains and any items associated with Native American burials with the appropriate Native Americans as identified by the Native American Heritage Commission.” Action implementing such an agreement is exempt from: 
(1) The general prohibition on disinterring, disturbing, or removing human remains from any location other than a dedicated cemetery (Health and Safety Code Section 7050.5). 
(2) The requirements of CEQA and the Coastal Act. 
(e) In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps should be taken:
(1) There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: 
(A) The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and
(B) If the coroner determines the remains to be Native American:
1. The coroner shall contact the Native American Heritage Commission within 24 hours. 
2. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American.
3. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code section 5097.98, or 
(2) Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. 
(A) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission.
(B) The descendant identified fails to make a recommendation; or 
(C) The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.
(f) As part of the objectives, criteria, and procedures required by Section 21082 of the Public Resources Code, a lead agency should make provisions for historical or unique archaeological resources accidentally discovered during construction. These provisions should include an immediate evaluation of the find by a qualified archaeologist. If the find is determined to be an historical or unique archaeological resource, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation should be available. Work could continue on other parts of the building site while historical or unique archaeological resource mitigation takes place.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21083.2, 21084 and 21084.1, Public Resources Code; and Citizens for Responsible Development in West Hollywood v. City of West Hollywood (1995) 39 Cal.App.4th 490.
HISTORY

1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending subsections (c)(1), (c)(3), (d) and (e)(1)(B)2.-3. and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15064.7. Thresholds of Significance.
Note     •     History

(a) Each public agency is encouraged to develop and publish thresholds of significance that the agency uses in the determination of the significance of environmental effects. A threshold of significance is an identifiable quantitative, qualitative or performance level of a particular environmental effect, non-compliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less than significant.
(b) Thresholds of significance to be adopted for general use as part of the lead agency's environmental review process must be adopted by ordinance, resolution, rule, or regulation, and developed through a public review process and be supported by substantial evidence.
(c) When adopting thresholds of significance, a lead agency may consider thresholds of significance previously adopted or recommended by other public agencies or recommended by experts, provided the decision of the lead agency to adopt such thresholds is supported by substantial evidence.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000, 21082 and 21083, Public Resources Code.
HISTORY

1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
3. New subsection (c) and amendment of Note filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).
§15065. Mandatory Findings of Significance.
Note     •     History

(a) A lead agency shall find that a project may have a significant effect on the environment and thereby require an EIR to be prepared for the project where there is substantial evidence, in light of the whole record, that any of the following conditions may occur:
(1) The project has the potential to substantially degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a plant or animal community; substantially  reduce the number or restrict the range of an endangered, rare or threatened species; or eliminate important examples of the major periods of California history or prehistory.
(2) The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals.
(3) The project has possible environmental effects that are individually limited but cumulatively considerable. “Cumulatively considerable” means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.
(4) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly.
(b)(1) Where, prior to the commencement of public review of an environmental document, a project proponent agrees to mitigation measures or project modifications that would avoid any significant effect on the environment specified by subdivision (a) or would mitigate the significant effect to a point where clearly no significant effect on the environment would occur, a lead agency need not prepare an environmental impact report solely because, without mitigation, the environmental effects at issue would have been significant.
(2) Furthermore, where a proposed project has the potential to substantially reduce the number or restrict the range of an endangered, rare or threatened species, the lead agency need not prepare an EIR solely because of such an effect, if:
(A) the project proponent is bound to implement mitigation requirements relating to such species and habitat pursuant to an approved habitat conservation plan or natural community conservation plan;
(B) the state or federal agency approved the habitat conservation plan or natural community conservation plan in reliance on an environmental impact report or environmental impact statement; and
(C)1. such requirements avoid any net loss of habitat and net reduction in number of the affected species, or
2. such requirements preserve, restore, or enhance sufficient habitat to mitigate the reduction in habitat and number of the affected species to below a level of significance.
(c) Following the decision to prepare an EIR, if a lead agency determines that any of the conditions specified by subdivision (a) will occur, such a determination shall apply to:
(1) the identification of effects to be analyzed in depth in the environmental impact report or the functional equivalent thereof,
(2) the requirement to make detailed findings on the feasibility of alternatives or mitigation measures to substantially lessen or avoid the significant effects on the environment,
(3) when found to be feasible, the making of changes in the project to substantially lessen or avoid the significant effects on the environment, and
(4) where necessary, the requirement to adopt a statement of overriding considerations.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21001(c) and 21083, Public Resources Code; San Joaquin Raptor/Wildlife Center v. County of Stanislaus (1996) 42 Cal.App.4th 608; Los Angeles Unified School District v. City of Los Angeles (1997) 58 Cal.App.4th 1019, 1024; and Communities for a Better Environment v. California Resources Agency (2002) 103 Cal.App.4th 98.
HISTORY

1. Amendment of subsection (a) and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Amendment of subsection (c) and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Amendment of section and Note filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
4. Change without regulatory effect amending subsections (b)(1) and (c) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
5. Amendment of subsection (b)(1) filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).
Article 6. Negative Declaration Process
§15070. Decision to Prepare a Negative or Mitigated Negative Declaration.
Note     •     History

A public agency shall prepare or have prepared a proposed negative declaration or mitigated negative declaration for a project subject to CEQA when:
(a) The initial study shows that there is no substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment, or
(b) The initial study identifies potentially significant effects, but:
(1) Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and
(2) There is no substantial evidence, in light of the whole record before the agency, that the project as revised may have a significant effect on the environment.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21064, 21064.5, 21080(c) and 21082.1, Public Resources Code; Friends of B Street v. City of Hayward, (1980) 106 Cal. App. 3d 988; Running Fence Corp. v. Superior Court, (1975) 51 Cal. App. 3d 400.
HISTORY

1. Repealer of Article 6 (Sections 15060-15069.8) and new Article 6 (Sections 15070-15075) filed 7-13-83; designated effective 8-1-83 (Register 83, No. 29). For prior history, see Registers 80, No. 19; 78, No. 5; 76, No. 41; 75, No. 1; and 73, No. 50).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Amendment of section heading, section and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
5. Editorial correction of first paragraph (Register 2009, No. 17).
§15071. Contents.
Note     •     History

A negative declaration circulated for public review shall include: 
(a) A brief description of the project, including a commonly used name for the project, if any;
(b) The location of the project, preferably shown on a map, and the name of the project proponent;
(c) A proposed finding that the project will not have a significant effect on the environment;
(d) An attached copy of the initial study documenting reasons to support the finding; and
(e) Mitigation measures, if any, included in the project to avoid potentially significant effects.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(c), Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15072. Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration.
Note     •     History

(a) A lead agency shall provide a notice of intent to adopt a negative declaration or mitigated negative declaration to the public, responsible agencies, trustee agencies, and the county clerk of each county within which the proposed project is located, sufficiently prior to adoption by the lead agency of the negative declaration or mitigated negative declaration to allow the public and agencies the review period provided under Section 15105. 
(b) The lead agency shall mail a notice of intent to adopt a negative declaration or mitigated negative declaration to the last known name and address of all organizations and individuals who have previously requested such notice in writing and shall also give notice of intent to adopt a negative declaration or mitigated negative declaration by at least one of the following procedures to allow the public the review period provided under Section 15105:
(1) Publication at least one time by the lead agency in a newspaper of general circulation in the area affected by the proposed project. If more than one area is affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas.
(2) Posting of notice by the lead agency on and off site in the area where the project is to be located.
(3) Direct mailing to the owners and occupants of property contiguous to the project. Owners of such property shall be identified as shown on the latest equalized assessment roll.
(c) The alternatives for providing notice specified in subdivision (b) shall not preclude a lead agency from providing additional notice by other means if the agency so desires, nor shall the requirements of this section preclude a lead agency from providing the public notice at the same time and in the same manner as public notice required by any other laws for the project.
(d) The county clerk of each county within which the proposed project is located shall post such notices in the office of the county clerk within 24 hours of receipt for a period of at least 20 days.
(e) For a project of statewide, regional, or areawide significance, the lead agency shall also provide notice to transportation planning agencies and public agencies which have transportation facilities within their jurisdictions which could be affected by the project as specified in Section 21092.4(a) of the Public Resources Code. “Transportation facilities” includes: major local arterials and public transit within five miles of the project site and freeways, highways and rail transit service within 10 miles of the project site.
(f) If the United States Department of Defense or any branch of the United States Armed Forces has given a lead agency written notification of the specific boundaries of a low-level flight path, military impact zone, or special use airspace and provided the lead agency with written notification of the military contact office and address for the military service pursuant to subdivision (b) of Section 15190.5, then the lead agency shall include the specified military contact office in the list of organizations and individuals receiving a notice of intent to adopt a negative declaration or a mitigated negative declaration pursuant to this section for projects that meet the criteria set forth in subdivision (c) of Section 15190.5. The lead agency shall send the specified military contact office such notice of intent sufficiently prior to adoption by the lead agency of the negative declaration or mitigated negative declaration to allow the military service the review period provided under Section 15105.
(g) A notice of intent to adopt a negative declaration or mitigated negative declaration shall specify the following:
(1) A brief description of the proposed project and its location.
(2) The starting and ending dates for the review period during which the lead agency will receive comments on the proposed negative declaration or mitigated negative declaration. This shall include starting and ending dates for the review period. If the review period has been is shortened pursuant to Section 15105, the notice shall include a statement to that effect.
(3) The date, time, and place of any scheduled public meetings or hearings to be held by the lead agency on the proposed project, when known to the lead agency at the time of notice.
(4) The address or addresses where copies of the proposed negative declaration or mitigated negative declaration including the revisions developed under Section 15070(b) and all documents referenced in the proposed negative declaration or mitigated negative declaration are available for review. This location or locations shall be readily accessible to the public during the lead agency's normal working hours.
(5) The presence of the site on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to lists of hazardous waste facilities, land designated as hazardous waste property, and hazardous waste disposal sites, and the information in the Hazardous Waste and Substances Statement required under subdivision (f) of that section.
(6) Other information specifically required by statute or regulation for a particular project or type of project.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21091, 21092, 21092.2, 21092.4, 21092.3, 21092.6, 21098 and 21151.8, Public Resources Code.
HISTORY

1. Amendment of subsections (a), (a)(3) and Note filed 8-19-94; operative 9-19-94 (Register 94, No. 33).
2. Amendment of section heading, section and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
3. Change without regulatory effect amending subsections (c) and (f)(5) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
4. New subsection (f), subsection relettering and amendment of Note filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15073. Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration.
Note     •     History

(a) The lead agency shall provide a public review period pursuant to Section 15105 of not less than 20 days. When a proposed negative declaration or mitigated negative declaration and initial study are submitted to the State Clearinghouse for review by state agencies, the public review period shall not be less than 30 days, unless a shorter period is approved by the State Clearinghouse under Section 15105(d).
(b) When a proposed negative declaration or mitigated negative declaration and initial study have been submitted to the State Clearinghouse for review by state agencies, the public review period shall be at least as long as the review period established by the State Clearinghouse. The public review period and the state agency review period may, but are not required to, begin and end at the same time. Day one of the state review period shall be the date that the State Clearinghouse distributes the document to state agencies.
(c) A copy of the proposed negative declaration or mitigated negative declaration and the initial study shall be attached to the notice of intent to adopt the proposed declaration that is sent to every responsible agency and trustee agency concerned with the project and every other public agency with jurisdiction by law over resources affected by the project.
(d) Where one or more state agencies will be a responsible agency or a trustee agency or will exercise jurisdiction by law over natural resources affected by the project, or where the project is of statewide, regional, or areawide environmental significance, the lead agency shall send copies of the proposed negative declaration or mitigated negative declaration to the State Clearinghouse for distribution to the state agencies.
(e) The lead agency shall notify in writing any public agency which comments on a proposed negative declaration or mitigated negative declaration of any public hearing to be held for the project for which the document was prepared. A notice provided to a public agency pursuant to Section 15072 satisfies this requirement.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000(e), 21003(b), 21080(c), 21081.6, 21091 and 21092.5, Public Resources Code; Plaggmier v. City of San Jose, (1980) 101 Cal. App. 3d 842.
HISTORY

1. Amendment of section heading, section and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
3. Amendment of subsection (b) filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15073.5. Recirculation of a Negative Declaration Prior to Adoption.
Note     •     History

(a) A lead agency is required to recirculate a negative declaration when the document must be substantially revised after public notice of its availability has previously been given pursuant to Section 15072, but prior to its adoption. Notice of recirculation shall comply with Sections 15072 and 15073.
(b) A “substantial revision” of the negative declaration shall mean:
(1) A new, avoidable significant effect is identified and mitigation measures or project revisions must be added in order to reduce the effect to insignificance, or
(2) The lead agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significance and new measures or revisions must be required.
(c) Recirculation is not required under the following circumstances:
(1) Mitigation measures are replaced with equal or more effective measures pursuant to Section 15074.1.
(2) New project revisions are added in response to written or verbal comments on the project's effects identified in the proposed negative declaration which are not new avoidable significant effects.
(3) Measures or conditions of project approval are added after circulation of the negative declaration which are not required by CEQA , which do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect.
(4) New information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration.
(d) If during the negative declaration process there is substantial evidence in light of the whole record, before the lead agency that the project, as revised, may have a significant effect on the environment which cannot be mitigated or avoided, the lead agency shall prepare a draft EIR and certify a final EIR prior to approving the project. It shall circulate the draft EIR for consultation and review pursuant to Sections 15086 and 15087, and advise reviewers in writing that a proposed negative declaration had previously been circulated for the project.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080, Public Resources Code; Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359; Leonoff v. Monterey County Board of Supervisors (1990) 222 Cal.App.3d 1337; and Long Beach Savings and Loan Assn. v. Long Beach Redevelopment Agency (1986) 188 Cal.App.3d 249.
HISTORY

1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15074. Consideration and Adoption of a Negative Declaration or Mitigated Negative Declaration.
Note     •     History

(a) Any advisory body of a public agency making a recommendation to the decisionmaking body shall consider the proposed negative declaration or mitigated negative declaration before making its recommendation.
(b) Prior to approving a project, the decisionmaking body of the lead agency shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process. The decisionmaking body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis.
(c) When adopting a negative declaration or mitigated negative declaration, the lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.
(d) When adopting a mitigated negative declaration, the lead agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects.
(e) A lead agency shall not adopt a negative declaration or mitigated negative declaration for a project within the boundaries of a comprehensive airport land use plan or, if a comprehensive airport land use plan has not been adopted, for a project within two nautical miles of a public airport or public use airport, without first considering whether the project will result in a safety hazard or noise problem for persons using the airport or for persons residing or working in the project area.
(f) When a non-elected official or decisionmaking body of a local lead agency adopts a negative declaration or mitigated negative declaration, that adoption may be appealed to the agency's elected decisionmaking body, if one exists. For example, adoption of a negative declaration for a project by a city's planning commission may be appealed to the city council. A local lead agency may establish procedures governing such appeals.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080(c), 21081.6, 21082.1, 21096 and 21151, Public Resources Code; Friends of B Street v. City of Hayward, (1980) 106 Cal. App. 3d 988.
HISTORY

1. Amendment of section heading, section and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
3. New subsection (f) and amendment of Note filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15074.1. Substitution of Mitigation Measures in a Proposed Mitigated Negative Declaration.
Note     •     History

(a) As a result of the public review process for a proposed mitigated negative declaration, including any administrative decisions or public hearings conducted on the project prior to its approval, the lead agency may conclude that certain mitigation measures identified in the mitigated negative declaration are infeasible or otherwise undesirable. Prior to approving the project, the lead agency may, in accordance with this section, delete those mitigation measures and substitute for them other measures which the lead agency determines are equivalent or more effective.
(b) Prior to deleting and substituting for a mitigation measure, the lead agency shall do both of the following:
(1) Hold a public hearing on the matter. Where a public hearing is to be held in order to consider the project, the public hearing required by this section may be combined with that hearing. Where no public hearing would otherwise be held to consider the project, then a public hearing shall be required before a mitigation measure may be deleted and a new measure adopted in its place.
(2) Adopt a written finding that the new measure is equivalent or more effective in mitigating or avoiding potential significant effects and that it in itself will not cause any potentially significant effect on the environment.
(c) No recirculation of the proposed mitigated negative declaration pursuant to Section 15072 is required where the new mitigation measures are made conditions of, or are otherwise incorporated into, project approval in accordance with this section.
(d) “Equivalent or more effective” means that the new measure will avoid or reduce the significant effect to at least the same degree as, or to a greater degree than, the original measure and will create no more adverse effect of its own than would have the original measure.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(f), Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15075. Notice of Determination on a Project for Which a Proposed Negative or Mitigated Negative Declaration Has Been Approved.
Note     •     History

(a) The lead agency shall file a notice of determination within five working days after deciding to carry out or approve the project. For projects with more than one phase, the lead agency shall file a notice of determination for each phase requiring a discretionary approval.
(b) The notice of determination shall include:
(1) An identification of the project including the project title as identified on the proposed negative declaration, its location, and the State Clearinghouse identification number for the proposed negative declaration if the notice of determination is filed with the State Clearinghouse.
(2) A brief description of the project.
(3) The agency's name, the applicant's name, if any, and the date on which the agency approved the project.
(4) The determination of the agency that the project will not have a significant effect on the environment.
(5) A statement that a negative declaration or a mitigated negative declaration was adopted pursuant to the provisions of CEQA.
(6) A statement indicating whether mitigation measures were made a condition of the approval of the project, and whether a mitigation monitoring plan/program was adopted.
(7) The address where a copy of the negative declaration or mitigated negative declaration may be examined.
(c) If the lead agency is a state agency, the lead agency shall file the notice of determination with the Office of Planning and Research within five working days after approval of the project by the lead agency.
(d) If the lead agency is a local agency, the local agency shall file the notice of determination with the county clerk of the county or counties in which the project will be located within five working days after approval of the project by the lead agency. If the project requires discretionary approval from any state agency, the local lead agency shall also, within five working days of this approval, file a copy of the notice of determination with the Office of Planning and Research.
(e) A notice of determination filed with the county clerk shall be available for public inspection and shall be posted by the county clerk within 24 hours of receipt for a period of at least 30 days. Thereafter, the clerk shall return the notice to the local lead agency with a notation of the period during which it was posted. The local lead agency shall retain the notice for not less than 12 months. 
(f) A notice of determination filed with the Office of Planning and Research shall be available for public inspection and shall be posted for a period of at least 30 days. The Office of Planning and Research shall retain each notice for not less than 12 months.
(g) The filing of the notice of determination pursuant to subdivision (c) above for state agencies and the filing and posting of the notice of determination pursuant to subdivisions (d) and (e) above for local agencies, start a 30-day statute of limitations on court challenges to the approval under CEQA.
(h) A sample Notice of Determination (Rev. 2011) is provided in Appendix D. Each public agency may devise its own form, but the minimum content requirements of subdivision (b) above shall be met. 
Public agencies are encouraged to make copies of all notices filed pursuant to this section available in electronic format on the Internet. Such electronic notices are in addition to the posting requirements of these guidelines and the Public Resources Code.
NOTE

Authority cited: Sections 21083 and 21152, Public Resources Code. Reference: Sections 21080(c), 21108(a), 21108(c), 21152 and 21167(b), Public Resources Code; Citizens of Lake Murray Area Association v. City Council, (1982) 129 Cal. App. 3d 436.
HISTORY

1. Amendment of subsections (c) and (d) filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of section heading and section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
3. New subsection (f) filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
4. Amendment filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
5. Change without regulatory effect amending subsections (c)-(h) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
6. Change without regulatory effect amending subsections (b)(3) and (h) and amending Note filed 12-9-2011 pursuant to section 100, title 1, California Code of Regulations; operative 1-1-2012 pursuant to AB 320, Hill (signed 10-10-2011, effective 1-1-2012) (Register 2011, No. 49).
Article 6.5. Statutory Exemptions [Repealed]
HISTORY

1. Repealer of Article 6.5 (Sections 15070-15079.7) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Register 78, No. 5.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
Article 7. EIR Process
§15080. General.
Note     •     History

To the extent possible, the EIR process should be combined with the existing planning, review, and project approval process used by each public agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003, 21061, 21100 and 21151, Public Resources Code.
HISTORY

1. Repealer of Article 7 (Sections 15080-15089) and new Article 7 (Sections 15080-15096) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Registers 82, No. 2; 80, No. 19; 78, No. 5; 77, No. 1; 76, No. 41; 75, No. 1; and 73, No. 50.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15081. Decision to Prepare an EIR.
Note     •     History

The EIR process starts with the decision to prepare an EIR. This decision will be made either during preliminary review under Section 15060 or at the conclusion of an initial study after applying the standards described in Section 15064.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21100, Public Resources Code; No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d 68; Friends of B Street v. City of Hayward (1980) 106 Cal. App. 3d 988.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15081.5. EIRs Required by Statute.
Note     •     History

(a) A lead agency shall prepare or have prepared an EIR for the following types of projects. An initial study may be prepared to help identify the significant effects of the project.
(1) The burning of municipal wastes, hazardous wastes, or refuse-derived fuel, including but not limited to tires, if the project is either:
(A) The construction of a new facility; or
(B) The expansion of an existing facility that burns hazardous waste that would increase its permitted capacity by more than 10 percent. This does not apply to any project exclusively burning hazardous waste for which a determination to prepare a negative declaration, or mitigated negative declaration or environmental impact report was made prior to July 14, 1989. The amount of expansion of an existing facility is calculated pursuant to subdivision (b) of Section 21151.1 of the Public Resources Code.
(C) Subdivision (1) of the subdivision does not apply to:
1. Projects for which the State Energy Resources Conservation and Development Commission has assumed jurisdiction pursuant to Chapter 6 (commencing with Section 25500) of Division 15 of the Public Resources Code.
2. Any of the types of burn or thermal processing projects listed in subdivision (d) of Section 21151.1 of the Public Resources Code.
(2) The initial issuance of a hazardous waste facilities permit to a land disposal facility, as defined in subdivision (d) of Section 25199.1 of the Health and Safety Code. Preparation of an EIR is not mandatory if the facility only manages hazardous waste which is identified or listed pursuant to Section 25140 or Section 25141 of the Health and Safety Code on or after January 1, 1992; or only conducts activities which are regulated pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code on or after January 1, 1992. “Initial issuance” does not include the issuance of a closure or postclosure permit pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.
(3) The initial issuance of a hazardous waste facility permit pursuant to Section 25200 of the Health and Safety Code to an off-site large treatment facility, as defined pursuant to subdivision (d) of Section 25205.1 of that code. Preparation of an EIR is not mandatory if the facility only manges hazardous waste which is identified or listed pursuant to Section 25140 or Section 25141 of the Health and Safety Code on or after January 1, 1992; or only conducts activities which are regulated pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code on or after January 1, 1992. “Initial issuance” does not include the issuance of a closure or postclosure permit pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.
(4) Any open pit mining operation which is subject to the permit requirements of the Surface Mining and Reclamation Act (beginning at Section 2710 of the Public Resources Code) and which utilizes a cyanide heap-leaching process for the purpose of extracting gold or other precious metals.
(5) An initial base reuse plan as defined in Section 15229.
(b) A lead agency shall prepare or have prepared an EIR for the selection of a California Community College, California State University, University of California, or California Maritime Academy campus location and approval of a long range development plan for that campus.
(1) The EIR for a long range development plan for a campus shall include an analysis of, among other significant impacts, those environmental effects relating to changes in enrollment levels.
(2) Subsequent projects within the campus may be addressed in environmental analyses tiered on the EIR prepared for the long range development plan.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.09, 21083.8.1, 21151.1 and 21151.7, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending subsection (a)(1)(C) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15082. Notice of Preparation and Determination of Scope of EIR.
Note     •     History

(a) Notice of Preparation. Immediately after deciding that an environmental impact report is required for a project, the lead agency shall send to the Office of Planning and Research and each responsible and trustee agency a notice of preparation stating that an environmental impact report will be prepared. This notice shall also be sent to every federal agency involved in approving or funding the project. If the United States Department of Defense or any branch of the United States Armed Forces has given the lead agency written notification of the specific boundaries of a low-level flight path, military impact zone, or special use airspace and provided the lead agency with written notification of the military contact office and address for the military service pursuant to subdivision (b) of Section 15190.5, then the lead agency shall include the specified military contact office in the list of organizations and individuals receiving a notice of preparation of an EIR pursuant to this section for projects that meet the criteria set forth in subdivision (c) of Section 15190.5.
(1) The notice of preparation shall provide the responsible and trustee agencies and the Office of Planning and Research with sufficient information describing the project and the potential environmental effects to enable the responsible agencies to make a meaningful response. At a minimum, the information shall include:
(A) Description of the project,
(B) Location of the project (either by street address and cross street, for a project in an urbanized area, or by attaching a specific map, preferably a copy of a U.S.G.S. 15' or 7 1/2' topographical map identified by quadrangle name), and
(C) Probable environmental effects of the project.
(2) A sample notice of preparation is shown in Appendix I. Public agencies are free to devise their own formats for this notice. A copy of the initial study may be sent with the notice to supply the necessary information.
(3) To send copies of the notice of preparation, the lead agency shall use either certified mail or any other method of transmittal that provides it with a record that the notice was received.
(4) The lead agency may begin work on the draft EIR immediately without awaiting responses to the notice of preparation. The draft EIR in preparation may need to be revised or expanded to conform to responses to the notice of preparation. A lead agency shall not circulate a draft EIR for public review before the time period for responses to the notice of preparation has expired.
(b) Response to Notice of Preparation. Within 30 days after receiving the notice of preparation under subdivision (a), each responsible and trustee agency and the Office of Planning and Research shall provide the lead agency with specific detail about the scope and content of the environmental information related to the responsible or trustee agency's area of statutory responsibility that must be included in the draft EIR.
(1) The response at a minimum shall identify:
(A) The significant environmental issues and reasonable alternatives and mitigation measures that the responsible or trustee agency, or the Office of Planning and Research will need to have explored in the draft EIR; and
(B) Whether the agency will be a responsible agency or trustee agency for the project.
(2) If a responsible or trustee agency, or the Office of Planning and Research fails by the end of the 30-day period to provide the lead agency with either a response to the notice or a well-justified request for additional time, the lead agency may presume that none of those entities have a response to make.
(3) A generalized list of concerns not related to the specific project shall not meet the requirements of this section for a response.
(c) Meetings. In order to expedite the consultation, the lead agency, a responsible agency, a trustee agency, the Office of Planning and Research, or a project applicant may request one or more meetings between representatives of the agencies involved to assist the lead agency in determining the scope and content of the environmental information that the responsible or trustee agency may require. Such meetings shall be convened by the lead agency as soon as possible, but no later than 30 days after the meetings were requested. On request, the Office of Planning and Research will assist in convening meetings that involve state agencies.
(1) For projects of statewide, regional or areawide significance pursuant to Section 15206, the lead agency shall conduct at least one scoping meeting. A scoping meeting held pursuant to the National Environmental Policy Act, 42 USC 4321 et seq. (NEPA) in the city or county within which the project is located satisfies this requirement if the lead agency meets the notice requirements of subsection (c)(2) below.
(2) The lead agency shall provide notice of the scoping meeting to all of the following:
(A) any county or city that borders on a county or city within which the project is located, unless otherwise designated annually by agreement between the lead agency and the county or city;
(B) any responsible agency
(C) any public agency that has jurisdiction by law with respect to the project;
(D) any organization or individual who has filed a written request for the notice.
(3) A lead agency shall call at least one scoping meeting for a proposed project that may affect highways or other facilities under the jurisdiction of the Department of Transportation if the meeting is requested by the department. The lead agency shall call the scoping meeting as soon as possible but not later than 30 days after receiving the request from the Department of Transportation.
(d) The Office of Planning and Research. The Office of Planning and Research will ensure that the state responsible and trustee agencies reply to the lead agency within 30 days of receipt of the notice of preparation by the state responsible and trustee agencies.
(e) Identification Number. When the notice of preparation is submitted to the State Clearinghouse, the state identification number issued by the Clearinghouse shall be the identification number for all subsequent environmental documents on the project. The identification number should be referenced on all subsequent correspondence regarding the project, specifically on the title page of the draft and final EIR and on the notice of determination.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21083.9, 21080.4 and 21098, Public Resources Code.
HISTORY

1. Amendment of subsection (b) filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending subsection (a)(2) filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
3. Amendment of section heading, section and Note filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
4. Change without regulatory effect amending section and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
5. Amendment of subsections (a) and (c)(1), new subsection (c)(2), subsection renumbering and amendment of Note filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15083. Early Public Consultation.
Note     •     History

Prior to completing the draft EIR, the lead agency may also consult directly with any person or organization it believes will be concerned with the environmental effects of the project. Many public agencies have found that early consultation solves many potential problems that would arise in more serious forms later in the review process. This early consultation may be called scoping. Scoping will be necessary when preparing an EIR/EIS jointly with a federal agency.
(a) Scoping has been helpful to agencies in identifying the range of actions, alternatives, mitigation measures, and significant effects to be analyzed in depth in an EIR and in eliminating from detailed study issues found not to be important.
(b) Scoping has been found to be an effective way to bring together and resolve the concerns of affected federal, state, and local agencies, the proponent of the action, and other interested persons including those who might not be in accord with the action on environmental grounds.
(c) Where scoping is used, it should be combined to the extent possible with consultation under Section 15082.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21082.1, Public Resources Code; Section 4, Chapter 480 of the Statutes of 1981; 40 Code of Federal Regulations, Part 1501.7.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15083.5. City or County Consultation with Water Agencies. [Repealed]
Note     •     History

NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21151.9, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending subsection (a)(2)(B) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
3. Repealer filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15084. Preparing the Draft EIR.
Note     •     History

(a) The draft EIR shall be prepared directly by or under contract to the lead agency. The required contents of a draft EIR are discussed in Article 9 beginning with Section 15120.
(b) The lead agency may require the project applicant to supply data and information both to determine whether the project may have a significant effect on the environment and to assist the lead agency in preparing the draft EIR. The requested information should include an identification of other public agencies which will have jurisdiction by law over the project.
(c) Any person, including the applicant, may submit information or comments to the lead agency to assist in the preparation of the draft EIR. The submittal may be presented in any format, including the form of a draft EIR. The lead agency must consider all information and comments received. The information or comments may be included in the draft EIR in whole or in part.
(d) The lead agency may choose one of the following arrangements or a combination of them for preparing a draft EIR.
(1) Preparing the draft EIR directly with its own staff.
(2) Contracting with another entity, public or private, to prepare the draft EIR.
(3) Accepting a draft prepared by the applicant, a consultant retained by the applicant, or any other person.
(4) Executing a third party contract or memorandum of understanding with the applicant to govern the preparation of a draft EIR by an independent contractor.
(5) Using a previously prepared EIR.
(e) Before using a draft prepared by another person, the lead agency shall subject the draft to the agency's own review and analysis. The draft EIR which is sent out for public review must reflect the independent judgment of the lead agency. The lead agency is responsible for the adequacy and objectivity of the draft EIR.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21082.1, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15085. Notice of Completion.
Note     •     History

(a) As soon as the draft EIR is completed, a notice of completion must be filed with the Office of Planning and Research in a printed hard copy or in electronic form on a diskette or by electronic mail transmission.
(b) The notice of completion shall include:
(1) A brief description of the project,
(2) The proposed location of the project (either by street address and cross street, for a project in an urbanized area, or by attaching a specific map, preferably a copy of a U.S.G.S. 15' or 7-1/2' topographical map identified by quadrangle name).
(3) An address where copies of the draft EIR are available, and
(4) The review period during which comments will be received on the draft EIR.
(c) A sample form for the notice of completion is included in Appendix L.
(d) Where the EIR will be reviewed through the state review process handled by the State Clearinghouse, the notice of completion cover form required by the State Clearinghouse will serve as the notice of completion (see Appendix C).
(e) Public agencies are encouraged to make copies of notices of completion filed pursuant to this section available in electronic format on the Internet.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code.
HISTORY

1. Amendment of subsections (a) and (d) filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of subsection (a) and new subsection (e) filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Amendment of subsections (b)(2) and (b)(4)-(d) filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
4. Change without regulatory effect amending subsection (a) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15086. Consultation Concerning Draft EIR.
Note     •     History

(a) The lead agency shall consult with and request comments on the draft EIR from:
(1) Responsible agencies,
(2) Trustee agencies with resources affected by the project, and
(3) Any other state, federal, and local agencies which have jurisdiction by law with respect to the project or which exercise authority over resources which may be affected by the project, including water agencies consulted pursuant to section 15083.5.
(4) Any city or county which borders on a city or county within which the project is located.
(5) For a project of statewide, regional, or areawide significance, the transportation planning agencies and public agencies which have transportation facilities within their jurisdictions which could be affected by the project. “Transportation facilities” includes: major local arterials and public transit within five miles of the project site, and freeways, highways and rail transit service within 10 miles of the project site.
(6) For a state lead agency when the EIR is being prepared for a highway or freeway project, the California Air Resources Board as to the air pollution impact of the potential vehicular use of the highway or freeway and if a non-attainment area, the local air quality management district for a determination of conformity with the air quality management plan.
(7) For a subdivision project located within one mile of a facility of the State Water Resources Development System, the California Department of Water Resources.
(b) The lead agency may consult directly with: 
(1) Any person who has special expertise with respect to any environmental impact involved,
(2) Any member of the public who has filed a written request for notice with the lead agency or the clerk of the governing body.
(3) Any person identified by the applicant whom the applicant believes will be concerned with the environmental effects of the project.
(c) A responsible agency or other public agency shall only make substantive comments regarding those activities involved in the project that are within an area of expertise of the agency or which are required to be carried out or approved by the responsible agency. Those comments shall be supported by specific documentation.
(d) Prior to the close of the public review period, a responsible agency or trustee agency which has identified what that agency considers to be significant environmental effects shall advise the lead agency of those effects. As to those effects relevant to its decision, if any, on the project, the responsible or trustee agency shall either submit to the lead agency complete and detailed performance objectives for mitigation measures addressing those effects or refer the lead agency to appropriate, readily available guidelines or reference documents concerning mitigation measures. If the responsible or trustee agency is not aware of mitigation measures that address identified effects, the responsible or trustee agency shall so state.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21081.6, 21092.4, 21092.5, 21104 and 21153, Public Resources Code.
HISTORY

1. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect repealing subsection (a)(6) and renumbering subsections filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
4. Amendment of subsection (a)(6) filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).
§15087. Public Review of Draft EIR.
Note     •     History

(a) The lead agency shall provide public notice of the availability of a draft EIR at the same time as it sends a notice of completion to the Office of Planning and Research. If the United States Department of Defense or any branch of the United States Armed Forces has given the lead agency written notification of the specific boundaries of a low-level flight path, military impact zone, or special use airspace and provided the lead agency with written notification of the contact office and address for the military service pursuant to subdivision (b) of Section 15190.5, then the lead agency shall include the specified military contact office in the list of organizations and individuals receiving a notice of availability of a draft EIR pursuant to this section for projects that meet the criteria set forth in subdivision (c) of Section 15190.5. The public notice shall be given as provided under Section 15105 (a sample form is provided in Appendix L). Notice shall be mailed to the last known name and address of all organizations and individuals who have previously requested such notice in writing, and shall also be given by at least one of the following procedures:
(1) Publication at least one time by the public agency in a newspaper of general circulation in the area affected by the proposed project. If more than one area is affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas.
(2) Posting of notice by the public agency on and off the site in the area where the project is to be located.
(3) Direct mailing to the owners and occupants of property contiguous to the parcel or parcels on which the project is located. Owners of such property shall be identified as shown on the latest equalized assessment roll.
(b) The alternatives for providing notice specified in subdivision (a) shall not preclude a public agency from providing additional notice by other means if such agency so desires, nor shall the requirements of this section preclude a public agency from providing the public notice required by this section at the same time and in the same manner as public notice otherwise required by law for the project.
(c) The notice shall disclose the following:
(1) A brief description of the proposed project and its location.
(2) The starting and ending dates for the review period during which the lead agency will receive comments. If the review period is shortened, the notice shall disclose that fact.
(3) The date, time, and place of any scheduled public meetings or hearings to be held by the lead agency on the proposed project when known to the lead agency at the time of notice.
(4) A list of the significant environmental effects anticipated as a result of the project, to the extent which such effects are known to the lead agency at the time of the notice.
(5) The address where copies of the EIR and all documents referenced in the EIR will be available for public review. This location shall be readily accessible to the public during the lead agency's normal working hours.
(6) The presence of the site on any of the lists of sites enumerated under Section 65962.5 of the Government Code including, but not limited to lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste disposal sites and others, and the information in the Hazardous Waste and Substances Statement required under subdivision (f) of that Section.
(d) The notice required under this section shall be posted in the office of the county clerk of each county in which the project will be located for a period of at least 30 days. The county clerk shall post such notices within 24 hours of receipt.
(e) In order to provide sufficient time for public review, the review period for a draft EIR shall be as provided in Section 15105. The review period shall be combined with the consultation required under Section 15086. When a draft EIR has been submitted to the State Clearinghouse, the public review period shall be at least as long as the review period established by the State Clearinghouse. The public review period and the state agency review period may, but are not required to, begin and end at the same time. Day one of the state review period shall be the date that the State Clearinghouse distributes the document to state agencies. 
(f) Public agencies shall use the State Clearinghouse to distribute draft EIRs to state agencies for review and should use areawide clearinghouses to distribute the documents to regional and local agencies.
(g) To make copies of EIRs available to the public, lead agencies should furnish copies of draft EIRs to public library systems serving the area involved. Copies should also be available in offices of the lead agency.
(h) Public agencies should compile listings of other agencies, particularly local agencies, which have jurisdiction by law and/or special expertise with respect to various projects and project locations. Such listings should be a guide in determining which agencies should be consulted with regard to a particular project.
(i) Public hearings may be conducted on the environmental documents, either in separate proceedings or in conjunction with other proceedings of the public agency. Public hearings are encouraged, but not required as an element of the CEQA process.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21091, 21092, 21092.2, 21092.3, 21092.6, 21098, 21104, 21152, 21153 and 21161, Public Resources Code.
HISTORY

1. Amendment of subsection (a) filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of subsection (a)(3) and Note filed 8-19-94; operative 9-19-94 (Register 94, No. 33).
3. Amendment of section and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
4. Amendment of subsection (a) and Note filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
5. Change without regulatory effect amending subsections (a), (b) and (c)(6) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
6. Amendment of subsections (a) and (e) and amendment of Note filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15088. Evaluation of and Response to Comments.
Note     •     History

(a) The lead agency shall evaluate comments on environmental issues received from persons who reviewed the draft EIR and shall prepare a written response. The lead agency shall respond to comments received during the noticed comment period and any extensions and may respond to late comments.
(b) The lead agency shall provide a written proposed response to a public agency on comments made by that public agency at least 10 days prior to certifying an environmental impact report.
(c) The written response shall describe the disposition of significant environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or objections). In particular, the major environmental issues raised when the lead agency's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted. There must be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information will not suffice.
(d) The response to comments may take the form of a revision to the draft EIR or may be a separate section in the final EIR. Where the response to comments makes important changes in the information contained in the text of the draft EIR, the lead agency should either:
(1) Revise the text in the body of the EIR, or
(2) Include marginal notes showing that the information is revised in the response to comments.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21092.5, 21104 and 21153, Public Resources Code; People v. County of Kern, (1974) 39 Cal. App. 3d 830; Cleary v. County of Stanislaus, (1981) 118 Cal. App. 3d 348.
HISTORY

1. New subsection (b), subsection relettering and amendment of Note filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15088.5. Recirculation of an EIR Prior to Certification.
Note     •     History

(a) A lead agency is required to recirculate an EIR when significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review under Section 15087 but before certification. As used in this section, the term “information” can include changes in the project or environmental setting as well as additional data or other information. New information added to an EIR is not “significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement. “Significant new information” requiring recirculation include, for example, a disclosure showing that:
(1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented.
(2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance.
(3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it.
(4) The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. (Mountain Lion Coalition v. Fish & Game Com. (1989) 214 Cal.App.3d 1043).
(b) Recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR.
(c) If the revision is limited to a few chapters or portions of the EIR, the lead agency need only recirculate the chapters or portions that have been modified.
(d) Recirculation of an EIR requires notice pursuant to Section 15087, and consultation pursuant to Section 15086.
(e) A decision not to recirculate an EIR must be supported by substantial evidence in the administrative record.
(f) The lead agency shall evaluate and respond to comments as provided in Section 15088. Recirculating an EIR can result in the lead agency receiving more than one set of comments from reviewers. The following are two ways in which the lead agency may identify the set of comments to which it will respond. This dual approach avoids confusion over whether the lead agency must respond to comments which are duplicates or which are no longer pertinent due to revisions to the EIR. In no case shall the lead agency fail to respond to pertinent comments on significant environmental issues.
(1) When an EIR is substantially revised and the entire document is recirculated, the lead agency may require reviewers to submit new comments and, in such cases, need not respond to those comments received during the earlier circulation period. The lead agency shall advise reviewers, either in the text of the revised EIR or by an attachment to the revised EIR, that although part of the administrative record, the previous comments do not require a written response in the final EIR, and that new comments must be submitted for the revised EIR. The lead agency need only respond to those comments submitted in response to the recirculated revised EIR. 
(2) When the EIR is revised only in part and the lead agency is recirculating only the revised chapters or portions of the EIR, the lead agency may request that reviewers limit their comments to the revised chapters or portions of the recirculated EIR. The lead agency need only respond to (i) comments received during the initial circulation period that relate to chapters or portions of the document that were not revised and recirculated, and (ii) comments received during the recirculation period that relate to the chapters or portions of the earlier EIR that were revised and recirculated. The lead agency's request that reviewers limit the scope of their comments shall be included either within the text of the revised EIR or by an attachment to the revised EIR.
(3) As part of providing notice of recirculation as required by Public Resources Code Section 21092.1, the lead agency shall send a notice of recirculation to every agency, person, or organization that commented on the prior EIR. The notice shall indicate, at a minimum, whether new comments may be submitted only on the recirculated portions of the EIR or on the entire EIR in order to be considered by the agency.
(g) When recirculating a revised EIR, either in whole or in part, the lead agency shall, in the revised EIR or by an attachment to the revised EIR, summarize the revisions made to the previously circulated draft EIR.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21092.1, Public Resources Code; Laurel Heights Improvement Association v. Regents of the University of California (1993) 6 Cal. 4th 1112.
HISTORY

1. New section filed 8-19-94; operative 9-19-94 (Register 94, No. 33).
2. New subsections (f)-(g) filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Amendment of subsections (f)-(f)(2) and new subsection (f)(3) filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15089. Preparation of Final EIR.
Note     •     History

(a) The lead agency shall prepare a final EIR before approving the project. The contents of a final EIR are specified in Section 15132 of these guidelines.
(b) Lead agencies may provide an opportunity for review of the final EIR by the public or by commenting agencies before approving the project. The review of a final EIR should focus on the responses to comments on the draft EIR.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21100, 21105 and 21151, Public Resources Code; City of Carmel-by-the-Sea v. Board of Supervisors, (1977) 71 Cal. App. 3d 84; State Administrative Manual, Section 1060.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15090. Certification of the Final EIR.
Note     •     History

(a) Prior to approving a project the lead agency shall certify that:
(1) The final EIR has been completed in compliance with CEQA; 
(2) The final EIR was presented to the decisionmaking body of the lead agency and that the decisionmaking body reviewed and considered the information contained in the final EIR prior to approving the project; and
(3) The final EIR reflects the lead agency's independent judgment and analysis.
(b) When an EIR is certified by a non-elected decision-making body within a local lead agency, that certification may be appealed to the local lead agency's elected decision-making body, if one exists. For example, certification of an EIR for a tentative subdivision map by a city's planning commission may be appealed to the city council. Each local lead agency shall provide for such appeals.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21082.1, 21100 and 21151, Public Resources Code; City of Carmel-by-the-Sea v. Board of Supervisors (1977) 71 Cal. App. 3d 84; Kleist v. City of Glendale (1976) 56 Cal. App. 3d 770.
HISTORY

1. Amendment of section heading, section and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22)
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15091. Findings.
Note     •     History

(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
(b) The findings required by subdivision (a) shall be supported by substantial evidence in the record.
(c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subdivision (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives.
(d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based.
(f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002, 21002.1, 21081 and 21081.6, Public Resources Code; Laurel Hills Homeowners Association v. City Council (1978) 83 Cal. App. 3d 515; Cleary v. County of Stanislaus (1981)118 Cal. App. 3d 348; Sierra Club v. Contra Costa County (1992) 10 Cal.App.4th 1212; Citizens for Quality Growth v. City of Mount Shasta (1988) 198 Cal.App.3d 433.
HISTORY

1. Amendment of subsections (a) and (a)(3), new subsections (d) and (e), and amendment of Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Amendment of subsection (c), new subsection (f) and amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsections (b)-(d) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15092. Approval.
Note     •     History

(a) After considering the final EIR and in conjunction with making findings under Section 15091, the lead agency may decide whether or how to approve or carry out the project.
(b) A public agency shall not decide to approve or carry out a project for which an EIR was prepared unless either:
(1) The project as approved will not have a significant effect on the environment, or
(2) The agency has:
(A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under Section 15091, and
(B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. 
(c) With respect to a project which includes housing development, the public agency shall not reduce the proposed number of housing units as a mitigation measure if it determines that there is another feasible specific mitigation measure available that will provide a comparable level of mitigation.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002, 21002.1, 21081 and 21159.26, Public Resources Code; Friends of Mammoth v. Board of Supervisors, (1972) 8 Cal. App. 3d 247; San Francisco Ecology Center v. City and County of San Francisco, (1975) 48 Cal. App. 3d 584; City of Carmel-by-the-Sea v. Board of Supervisors, (1977) 71 Cal. App. 3d 84; Laurel Hills Homeowners Association v. City Council, (1978) 83 Cal. App. 3d 515.
HISTORY

1. Change without regulatory effect amending Note filed 7-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 30).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15093. Statement of Overriding Considerations.
Note     •     History

(a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.”
(b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record.
(c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.
NOTE

Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Sections 21002 and 21081, Public Resources Code; San Francisco Ecology Center v. City and County of San Francisco (1975) 48 Cal. App. 3d 584; City of Carmel-by-the-Sea v. Board of Supervisors (1977) 71 Cal. App. 3d 84; Sierra Club v. Contra Costa County (1992) 10 Cal.App.4th 1212; Citizens for Quality Growth v. City of Mount Shasta (1988) 198 Cal.App.3d 433; and City of Marina v. Board of Trustees of Cal. State Univ (2006) 39 Cal.4th 341.
HISTORY

1. Amendment of subsections (a) and (b) and amendment of Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Amendment of subsections (b) and (c) and amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
4. Amendment of subsection (a) and Note filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).
§15094. Notice of Determination.
Note     •     History

(a) The lead agency shall file a Notice of Determination (Rev. 2011) within five working days after deciding to carry out or approve the project.
(b) The notice of determination shall include:
(1) An identification of the project including the project title as identified on the draft EIR, and the location of the project (either by street address and cross street for a project in an urbanized area or by attaching a specific map, preferably a copy of a U.S.G.S. 15' or 7-1/2' topographical map identified by quadrangle name). If the notice of determination is filed with the State Clearinghouse, the State Clearinghouse identification number for the draft EIR shall be provided.
(2) A brief description of the project.
(3) The lead agency's name, the applicant's name, if any, and the date on which the agency approved the project. If a responsible agency files the notice of determination pursuant to Section 15096(i), the responsible agency's name, the applicant's name, if any, and date of approval shall also be identified.
(4) The determination of the agency whether the project in its approved form will have a significant effect on the environment.
(5) A statement that an EIR was prepared and certified pursuant to the provisions of CEQA.
(6) Whether mitigation measures were made a condition of the approval of the project, and whether a mitigation monitoring plan/program was adopted.
(7) Whether findings were made pursuant to Section 15091.
(8) Whether a statement of overriding considerations was adopted for the project.
(9) The address where a copy of the final EIR and the record of project approval may be examined.
(c) If the lead agency is a state agency, the lead agency shall file the notice of determination with the Office of Planning and Research within five working days after approval of the project by the lead agency.
(d) If the lead agency is a local agency, the local lead agency shall file the notice of determination with the county clerk of the county or counties in which the project will be located, within five working days after approval of the project by the lead agency. If the project requires discretionary approval from any state agency, the local lead agency shall also, within five working days of this approval, file a copy of the notice of determination with the Office of Planning and Research.
(e) A notice of determination filed with the county clerk shall be available for public inspection and shall be posted within 24 hours of receipt for a period of at least 30 days. Thereafter, the clerk shall return the notice to the local lead agency with a notation of the period during which it was posted. The local lead agency shall retain the notice for not less than 12 months.
(f) A notice of determination filed with the Office of Planning and Research shall be available for public inspection and shall be posted for a period of at least 30 days. The Office of Planning and Research shall retain each notice for not less than 12 months.
(g) The filing of the notice of determination pursuant to subdivision (c) above for state agencies and the filing and posting of the notice of determination pursuant to subdivisions (d) and (e) above for local agencies, start a 30-day statute of limitations on court challenges to the approval under CEQA.
(h) A sample notice of determination is provided in Appendix D. Each public agency may devise its own form, but any such form shall include, at a minimum, the information required by subdivision (b). Public agencies are encouraged to make copies of all notices filed pursuant to this section available in electronic format on the Internet. Such electronic notices are in addition to the posting requirements of the Guidelines and the Public Resources Code.
NOTE

Authority cited: Section 21083 and 21152, Public Resources Code. Reference: Sections 21108, 21152 and 21167, Public Resources Code; Citizens of Lake Murray Area Association v. City Council, (1982) 129 Cal. App. 3d 436.
HISTORY

1. Amendment of subsections (b) and (c) filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of subsection (a), new subsections (d) and (e), subsection relettering, and amendment of newly designated subsection (f) filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
3. Amendment filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
4. Change without regulatory effect amending subsections (c)-(h) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
5. Change without regulatory effect amending subsections (a) and (b)(3) and amending Note filed 12-9-2011 pursuant to section 100, title 1, California Code of Regulations; operative 1-1-2012 pursuant to AB 320, Hill (signed 10-10-2011, effective 1-1-2012) (Register 2011, No. 49).
§15095. Disposition of a Final EIR.
Note     •     History

The lead agency shall:
(a) File a copy of the final EIR with the appropriate planning agency of any city, county, or city and county where significant effects on the environment may occur.
(b) Include the final EIR as part of the regular project report which is used in the existing project review and budgetary process if such a report is used.
(c) Retain one or more copies of the final EIR as public records for a reasonable period of time.
(d) Require the applicant to provide a copy of the certified, final EIR to each responsible agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21105, 21151 and 21165, Public Resources Code; County of Inyo v. Yorty, (1973) 32 Cal. App. 3d 795.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15096. Process for a Responsible Agency.
Note     •     History

(a) General. A responsible agency complies with CEQA by considering the EIR or negative declaration prepared by the lead agency and by reaching its own conclusions on whether and how to approve the project involved. This section identifies the special duties a public agency will have when acting as a responsible agency.
(b) Response to Consultation. A responsible agency shall respond to consultation by the lead agency in order to assist the lead agency in preparing adequate environmental documents for the project. By this means, the responsible agency will ensure that the documents it will use will comply with CEQA.
(1) In response to consultation, a responsible agency shall explain its reasons for recommending whether the lead agency should prepare an EIR or negative declaration for a project. Where the responsible agency disagrees with the lead agency's proposal to prepare a negative declaration for a project, the responsible agency should identify the significant environmental effects which it believes could result from the project and recommend either that an EIR be prepared or that the project be modified to eliminate the significant effects.
(2) As soon as possible, but not longer than 30 days after receiving a notice of preparation from the lead agency, the responsible agency shall send a written reply by certified mail or any other method which provides the agency with a record showing that the notice was received. The reply shall specify the scope and content of the environmental information which would be germane to the responsible agency's statutory responsibilities in connection with the proposed project. The lead agency shall include this information in the EIR.
(c) Meetings. The responsible agency shall designate employees or representatives to attend meetings requested by the lead agency to discuss the scope and content of the EIR.
(d) Comments on Draft EIRs and Negative Declarations. A responsible agency should review and comment on draft EIRs and negative declarations for projects which the responsible agency would later be asked to approve. Comments should focus on any shortcomings in the EIR, the appropriateness of using a negative declaration, or on additional alternatives or mitigation measures which the EIR should include. The comments shall be limited to those project activities which are within the agency's area of expertise or which are required to be carried out or approved by the agency or which will be subject to the exercise of powers by the agency. Comments shall be as specific as possible and supported by either oral or written documentation.
(e) Decision on Adequacy of EIR or Negative Declaration. If a responsible agency believes that the final EIR or negative declaration prepared by the lead agency is not adequate for use by the responsible agency, the responsible agency must either:
(1) Take the issue to court within 30 days after the lead agency files a notice of determination;
(2) Be deemed to have waived any objection to the adequacy of the EIR or negative declaration;
(3) Prepare a subsequent EIR if permissible under Section 15162; or
(4) Assume the lead agency role as provided in Section 15052(a)(3).
(f) Consider the EIR or Negative Declaration. Prior to reaching a decision on the project, the responsible agency must consider the environmental effects of the project as shown in the EIR or negative declaration. A subsequent or supplemental EIR can be prepared only as provided in Sections 15162 or 15163.
(g) Adoption of Alternatives or Mitigation Measures.
(1) When considering alternatives and mitigation measures, a responsible agency is more limited than a lead agency. A responsible agency has responsibility for mitigating or avoiding only the direct or indirect environmental effects of those parts of the project which it decides to carry out, finance, or approve.
(2) When an EIR has been prepared for a project, the Responsible Agency shall not approve the project as proposed if the agency finds any feasible alternative or feasible mitigation measures within its powers that would substantially lessen or avoid any significant effect the project would have on the environment. With respect to a project which includes housing development, the responsible agency shall not reduce the proposed number of housing units as a mitigation measure if it determines that there is another feasible specific mitigation measure available that will provide a comparable level of mitigation.
(h) Findings. The responsible agency shall make the findings required by Section 15091 for each significant effect of the project and shall make the findings in Section 15093 if necessary.
(i) Notice of Determination. The responsible agency should file a notice of determination in the same manner as a lead agency under Section 15075 or 15094 except that the responsible agency does not need to state that the EIR or negative declaration complies with CEQA. The responsible agency should state that it considered the EIR or negative declaration as prepared by a lead agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21165, 21080.1, 21080.3, 21080.4, 21082.1 and 21002.1(b) and (d), Public Resources Code.
HISTORY

1. Amendment of subsections (b) and (d) filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15097. Mitigation Monitoring or Reporting.
Note     •     History

(a) This section applies when a public agency has made the findings required under paragraph (1) of subdivision (a) of Section 15091 relative to an EIR or adopted a mitigated negative declaration in conjunction with approving a project. In order to ensure that the mitigation measures and project revisions identified in the EIR or negative declaration are implemented, the public agency shall adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects. A public agency may delegate reporting or monitoring responsibilities to another public agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed the lead agency remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program.
(b) Where the project at issue is the adoption of a general plan, specific plan, community plan or other plan-level document (zoning, ordinance, regulation, policy), the monitoring plan shall apply to policies and any other portion of the plan that is a mitigation measure or adopted alternative. The monitoring plan may consist of policies included in plan-level documents. The annual report on general plan status required pursuant to the Government Code is one example of a reporting program for adoption of a city or county general plan.
(c) The public agency may choose whether its program will monitor mitigation, report on mitigation, or both. “Reporting” generally consists of a written compliance review that is presented to the decision making body or authorized staff person. A report may be required at various stages during project implementation or upon completion of the mitigation measure. “Monitoring” is generally an ongoing or periodic process of project oversight. There is often no clear distinction between monitoring and reporting and the program best suited to ensuring compliance in any given instance will usually involve elements of both. The choice of program may be guided by the following:
(1) Reporting is suited to projects which have readily measurable or quantitative mitigation measures or which already involve regular review. For example, a report may be required upon issuance of final occupancy to a project whose mitigation measures were confirmed by building inspection.
(2) Monitoring is suited to projects with complex mitigation measures, such as wetlands restoration or archeological protection, which may exceed the expertise of the local agency to oversee, are expected to be implemented over a period of time, or require careful implementation to assure compliance.
(3) Reporting and monitoring are suited to all but the most simple projects. Monitoring ensures that project compliance is checked on a regular basis during and, if necessary after, implementation. Reporting ensures that the approving agency is informed of compliance with mitigation requirements.
(d) Lead and responsible agencies should coordinate their mitigation monitoring or reporting programs where possible. Generally, lead and responsible agencies for a given project will adopt separate and different monitoring or reporting programs. This occurs because of any of the following reasons: the agencies have adopted and are responsible for reporting on or monitoring different mitigation measures; the agencies are deciding on the project at different times; each agency has the discretion to choose its own approach to monitoring or reporting; and each agency has its own special expertise.
(e) At its discretion, an agency may adopt standardized policies and requirements to guide individually adopted monitoring or reporting programs. Standardized policies and requirements may describe, but are not limited to:
(1) The relative responsibilities of various departments within the agency for various aspects of monitoring or reporting, including lead responsibility for administering typical programs and support responsibilities.
(2) The responsibilities of the project proponent.
(3) Agency guidelines for preparing monitoring or reporting programs.
(4) General standards for determining project compliance with the mitigation measures or revisions and related conditions of approval.
(5) Enforcement procedures for noncompliance, including provisions for administrative appeal.
(6) Process for informing staff and decision makers of the relative success of mitigation measures and using those results to improve future mitigation measures. 
(f) Where a trustee agency, in timely commenting upon a draft EIR or a proposed mitigated negative declaration, proposes mitigation measures or project revisions for incorporation into a project, that agency, at the same time, shall prepare and submit to the lead or responsible agency a draft monitoring or reporting program for those measures or revisions. The lead or responsible agency may use this information in preparing its monitoring or reporting program.
(g) When a project is of statewide, regional, or areawide importance, any transportation information generated by a required monitoring or reporting program shall be submitted to the transportation planning agency in the region where the project is located and to the California Department of Transportation. Each transportation planning agency and the California Department of Transportation shall adopt guidelines for the submittal of such information.
NOTE

Authority: Section 21083, Public Resources Code. References: Sections 21081.6 and 21081.7, Public Resources Code.
HISTORY

1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Amendment of subsection (g) filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 8. Time Limits
§15100. General.
Note     •     History

(a) Public agencies shall adopt time limits to govern their implementation of CEQA consistent with this article.
(b) Public agencies should carry out their responsibilities for preparing and reviewing EIRs within a reasonable period of time. The requirement for the preparation of an EIR should not cause undue delays in the processing of applications for permits or other entitlements to use.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Article 8 (Sections 15100-15129) to Article 19 (Sections 15300-15329) and new Article 8 (Sections 15100-15112) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Register 82, No. 2.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15101. Review of Application for Completeness.
Note     •     History

A lead agency or responsible agency shall determine whether an application for a permit or other entitlement for use is complete within 30 days from the receipt of the application except as provided in Section 15111. If no written determination of the completeness of the application is made within that period, the application will be deemed complete on the 30th day.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21083, Public Resources Code; and Section 65943, Government Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15102. Initial Study.
Note     •     History

The lead agency shall determine within 30 days after accepting an application as complete whether it intends to prepare an EIR or a negative declaration or use a previously prepared EIR or negative declaration except as provided in Section 15111. The 30 day period may be extended 15 days upon the consent of the lead agency and the project applicant.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080.2, Public Resources Code.
HISTORY

1. Amendment filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15103. Response to Notice of Preparation.
Note     •     History

Responsible and Trustee Agencies, and the Office of Planning and Research shall provide a response to a Notice of Preparation to the Lead Agency within 30 days after receipt of the notice. If they fail to reply within the 30 days with either a response or a well justified request for additional time, the lead agency may assume that none of those entitles have a response to make and may ignore a late response.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080.4, Public Resources Code.
HISTORY

1. Amendment filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15104. Convening of Meetings.
Note     •     History

The lead agency shall convene a meeting with agency representatives to discuss the scope and content of the environmental information a responsible agency will need in the EIR as soon as possible but no later than 30 days after receiving a request for the meeting. The meeting may be requested by the lead agency, a responsible agency, a trustee agency, the Office of Planning and Research, or by the project applicant.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080.4, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15105. Public Review Period for a Draft EIR or a Proposed Negative Declaration or Mitigated Negative Declaration.
Note     •     History

(a) The public review period for a draft EIR shall not be less than 30 days nor should it be longer than 60 days except in unusual circumstances. When a draft EIR is submitted to the State Clearinghouse for review by state agencies, the public review period shall not be less than 45 days, unless a shorter period, not less than 30 days, is approved by the State Clearinghouse.
(b) The public review period for a proposed negative declaration or mitigated negative declaration shall be not less than 20 days. When a proposed negative declaration or mitigated negative declaration is submitted to the State Clearinghouse for review by state agencies, the public review period shall not be less than 30 days, unless a shorter period, not less than 20 days, is approved by the State Clearinghouse.
(c) If a draft EIR or proposed negative declaration or mitigated negative declaration has been submitted to the State Clearinghouse for review by state agencies, the public review period shall be at least as long as the review period established by the State Clearinghouse. The public review period and the state agency review period may, but are not required to, begin and end at the same time. Day one of the state review period shall be the date that the State Clearinghouse distributes the document to state agencies.
(d) A shortened Clearinghouse review period may be granted in accordance with the provisions of Appendix K and the following principles:
(1) A shortened review shall not be granted for any proposed project of statewide, areawide, or regional environmental significance.
(2) Requests for shortened review periods shall be submitted to the Clearinghouse in writing by the decision-making body of the lead agency, or a representative authorized by ordinance, resolution, or delegation of the decision-making body.
(3) The lead agency has contacted responsible and trustee agencies and they have agreed to the shortened review period.
(e) The State Clearinghouse shall distribute a draft EIR or proposed negative declaration or mitigated negative declaration within three working days after the date of receipt if the submittal is determined by the State Clearinghouse to be complete.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21091 and 21092, Public Resources Code; People v. County of Kern (1974) 39 Cal. App. 3d 830.
HISTORY

1. Amendment of section heading, section and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending subsection (d) filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
4. Amendment of subsection (c), new subsection (e) and amendment of Note filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15106. Review by State Agencies.
Note     •     History

NOTE

Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Sections 21104 and 21153, Public Resources Code.
HISTORY

1. Repealer filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
§15107. Completion of Negative Declaration for Certain Private Projects.
Note     •     History

With private projects involving the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies, the negative declaration must be completed and approved within 180 days from the date when the lead agency accepted the application as complete. 
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21100.2 and 21151.5, Public Resources Code.
HISTORY

1. Amendment of section heading and section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15108. Completion and Certification of EIR.
Note     •     History

With a private project, the lead agency shall complete and certify the final EIR as provided in Section 15090 within one year after the date when the lead agency accepted the application as complete. Lead agency procedures may provide that the one-year time limit may be extended once for a period of not more than 90 days upon consent of the lead agency and the applicant.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21100.2 and 21151.5, Public Resources Code; and Government Code Section 65950.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15109. Suspension of Time Periods.
Note     •     History

An unreasonable delay by an applicant in meeting requests by the lead agency necessary for the preparation of a negative declaration or an EIR shall suspend the running of the time periods described in Sections 15107 and 15108 for the period of the unreasonable delay. Alternatively, an agency may disapprove a project application where there is unreasonable delay in meeting requests. The agency may allow a renewed application to start at the same point in the process where the application was when it was disapproved.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21100.2 and 21151.5, Public Resources Code; Carmel Valley View, Ltd. v. Maggini, 91 Cal. App. 3d 318.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15110. Projects with Federal Involvement.
Note     •     History

(a) At the request of an applicant, the lead agency may waive the one-year time limit for completing and certifying a final EIR or the 105-day period for completing a negative declaration if:
(1) The project will be subject to CEQA and to the National Environmental Policy Act,
(2) Additional time will be required to prepare a combined EIR-EIS or combined negative declaration-finding of no significant impact as provided in Section 15221, and
(3) The time required to prepare the combined document will be shorter than the time required to prepare the documents separately.
(b) The time limits for taking final action on a permit for a development project may also be waived where a combined EIR-EIS will be prepared.
(c) The time limits for processing permits for development projects under Government Code Sections 65950-65960 shall not apply if federal statutes or regulations require time schedules which exceed the state time limits. In this event, any state agencies involved shall make a final decision on the project within the federal time limits.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21083.6 and 21083.7, Public Resources Code; Sections 65951 and 65954, Government Code; Public Law 91-190 as amended, 42 U.S.C.A. 4321-4347.
HISTORY

1. Amendment of subsection (a)(2) filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15111. Projects with Short Time Periods for Approval.
Note     •     History

(a) A few statutes or ordinances require agencies to make decisions on permits within time limits that are so short that review of the project under CEQA would be difficult. To enable the lead agency to comply with both the permit statute and CEQA, the lead agency shall deem an application for a project not received for filing under the permit statute or ordinance until such time as progress toward completing the environmental documentation required by CEQA is sufficient to enable the lead agency to finish the CEQA process within the short permit time limit. This section will apply where all of the following conditions are met:
(1) The enabling legislation for a program, other than Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, requires the lead agency to take action on an application within a specified period of time that is six months or less, and
(2) The enabling legislation provides that the project will become approved by operation of law if the lead agency fails to take any action within such specified time period, and
(3) The project involves the issuance of a lease, permit, license, certificate, or other entitlement for use.
(b) Examples of time periods subject to this section include but are not limited to:
(1) Action on a timber harvesting plan by the Director of Forestry within 15 days pursuant to Section 4582.7 of the Public Resources Code,
(2) Action on a permit by the San Francisco Bay Conservation and Development Commission within 90 days pursuant to Section 66632(f) of the Government Code, and
(3) Action on an oil and gas permit by the Division of Oil and Gas within 10 days pursuant to Sections 3203 or 3724 of the Public Resources Code.
(c) In any case described in this section, the environmental document shall be completed or certified and the decision on the project shall be made within the period established under the Permit Streamlining Act (Government Code Sections 65920, et seq.).
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21100.2 and 21151.5, Public Resources Code; N.R.D.C. v. Arcata National Corp. (1976) 59 Cal. App. 3d 959.
HISTORY

1. Repealer of subsection (b)(1), subsection renumbering, amendment of subsection (c) and amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15112. Statutes of Limitations.
Note     •     History

(a) CEQA provides unusually short statutes of limitations on filing court challenges to the approval of projects under the act.
(b) The statute of limitations periods are not public review periods or waiting periods for the person whose project has been approved. The project sponsor may proceed to carry out the project as soon as the necessary permits have been granted. The statute of limitations cuts off the right of another person to file a court action challenging approval of the project after the specified time period has expired.
(c) The statute of limitations periods under CEQA are as follows:
(1) Where the public agency filed a notice of determination in compliance with Sections 15075 or 15094, 30 days after the filing of the notice and the posting on a list of such notices.
(2) Where the public agency filed a notice of exemption in compliance with Section 15062, 35 days after the filing of the notice and the posting on a list of such notices.
(3) Where a certified state regulatory agency files a notice of decision in compliance with Public Resources Code Section 21080.5(d)(2)(E), 30 days after the filing of the notice.
(4) Where the Secretary for Resources certifies a state environmental regulatory agency under Public Resources Code Section 21080.5, the certification may be challenged only during the 30 days following the certification decision.
(5) Where none of the other statute of limitations periods in this section apply, 180 days after either:
(A) The public agency's decision to carry out or approve the project, or
(B) Commencement of the project if the project is undertaken without a formal decision by the public agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21167, 21167.3 and 21080.5, Public Resources Code; Kriebel v. City Council, 112 Cal. App. 3d 693; Citizens of Lake Murray Area Association v. City Council, (1982) 129 Cal. App. 3d 436.
HISTORY

1. Change without regulatory effect amending subsection (c)(3) filed 7-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 30).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 9. Contents of Environmental Impact Reports
§15120. General.
Note     •     History

(a) Environmental Impact Reports shall contain the information outlined in this article, but the format of the document may be varied. Each element must be covered, and when these elements are not separated into distinct sections, the document shall state where in the document each element is discussed.
(b) The EIR may be prepared as a separate document, as part of a general plan, or as part of a project report. If prepared as a part of the project report, it must still contain one separate and distinguishable section providing either analysis of all the subjects required in an EIR or as a minimum, a table showing where each of the subjects is discussed. When the lead agency is a state agency, the EIR shall be included as part of the regular project report if such a report is used in the agency's existing review and budgetary process.
(c) Draft EIRs shall contain the information required by Sections 15122 through 15131. Final EIRs shall contain the same information and the subjects described in Section 15132.
(d) No document prepared pursuant to this article that is available for public examination shall include a “trade secret” as defined in Section 6254.7 of the Government Code, information about the location of archaeological sites and sacred lands, or any other information that is subject to the disclosure restrictions of Section 6254 of the Government Code.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21100, 21105 and 21160, Public Resources Code.
HISTORY

1. Repealer of Article 9 (Sections 15140-15151) and new Article 9 (Sections 15120-15132) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Registers 82, No. 2; 80, No. 19; 78, No. 5; 77, No. 1; 76, No. 41; 75, Nos. 1 and 18; and 73, No. 50.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. New subsection (d) and amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15121. Informational Document.
Note     •     History

(a) An EIR is an informational document which will inform public agency decisionmakers and the public generally of the significant environmental effect of a project, identify possible ways to minimize the significant effects, and describe reasonable alternatives to the project. The public agency shall consider the information in the EIR along with other information which may be presented to the agency.
(b) While the information in the EIR does not control the agency's ultimate discretion on the project, the agency must respond to each significant effect identified in the EIR by making findings under Section 15091 and if necessary by making a statement of overriding considerations under Section 15093.
(c) The information in an EIR may constitute substantial evidence in the record to support the agency's action on the project if its decision is later challenged in court.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21061, Public Resources Code; Carmel Valley View, Ltd. v. Board of Supervisors, (1976) 58 Cal. App. 3d 817.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15122. Table of Contents or Index.
Note     •     History

An EIR shall contain at least a table of contents or an index to assist readers in finding the analysis of different subjects and issues.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21061, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15123. Summary.
Note     •     History

(a) An EIR shall contain a brief summary of the proposed actions and its consequences. The language of the summary should be as clear and simple as reasonably practical.
(b) The summary shall identify:
(1) Each significant effect with proposed mitigation measures and alternatives that would reduce or avoid that effect;
(2) Areas of controversy known to the lead agency including issues raised by agencies and the public; and
(3) Issues to be resolved including the choice among alternatives and whether or how to mitigate the significant effects.
(c) The summary should normally not exceed 15 pages.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21061, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15124. Project Description.
Note     •     History

The description of the project shall contain the following information but should not supply extensive detail beyond that needed for evaluation and review of the environmental impact.
(a) The precise location and boundaries of the proposed project shall be shown on a detailed map, preferably topographic. The location of the project shall also appear on a regional map.
(b) A statement of the objectives sought by the proposed project. A clearly written statement of objectives will help the lead agency develop a reasonable range of alternatives to evaluate in the EIR and will aid the decision makers in preparing findings or a statement of overriding considerations, if necessary. The statement of objectives should include the underlying purpose of the project.
(c) A general description of the project's technical, economic, and environmental characteristics, considering the principal engineering proposals if any and supporting public service facilities.
(d) A statement briefly describing the intended uses of the EIR.
(1) This statement shall include, to the extent that the information is known to the lead agency,
(A) A list of the agencies that are expected to use the EIR in their decision-making, and
(B) A list of permits and other approvals required to implement the project.
(C) A list of related environmental review and consultation requirements required by federal, state, or local laws, regulations, or policies. To the fullest extent possible, the lead agency should integrate CEQA review with these related environmental review and consultation requirements.
(2) If a public agency must make more than one decision on a project, all its decisions subject to CEQA should be listed, preferably in the order in which they will occur. On request, the Office of Planning and Research will provide assistance in identifying state permits for a project.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.3, 21080.4, 21165, 21166 and 21167.2, Public Resources Code; County of Inyo v. City of Los Angeles (1977) 71 Cal. App. 3d 185.
HISTORY

1. Amendment of subsections (b) and (d)(1)(B), new subsection (d)(1)(C) and amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15125. Environmental Setting.
Note     •     History

(a) An EIR must include a description of the physical environmental conditions in the vicinity of the project, as they exist at the time the notice of preparation is published, or if no notice of preparation is published, at the time environmental analysis is commenced, from both a local and regional perspective. This environmental setting will normally constitute the baseline physical conditions by which a lead agency determines whether an impact is significant. The description of the environmental setting shall be no longer than is necessary to an understanding of the significant effects of the proposed project and its alternatives.
(b) When preparing an EIR for a plan for the reuse of a military base, lead agencies should refer to the special application of the principle of baseline conditions for determining significant impacts contained in Section 15229.
(c) Knowledge of the regional setting is critical to the assessment of environmental impacts. Special emphasis should be placed on environmental resources that are rare or unique to that region and would be affected by the project. The EIR must demonstrate that the significant environmental impacts of the proposed project were adequately investigated and discussed and it must permit the significant effects of the project to be considered in the full environmental context.
(d) The EIR shall discuss any inconsistencies between the proposed project and applicable general plans, specific plans and regional plans. Such regional plans include, but are not limited to, the applicable air quality attainment or maintenance plan or State Implementation Plan, area-wide waste treatment and water quality control plans, regional transportation plans, regional housing allocation plans, regional blueprint plans, plans for the reduction of greenhouse gas emissions, habitat conservation plans, natural community conservation plans and regional land use plans for the protection of the coastal zone, Lake Tahoe Basin, San Francisco Bay, and Santa Monica Mountains.
(e) Where a proposed project is compared with an adopted plan, the analysis shall examine the existing physical conditions at the time the notice of preparation is published, or if no notice of preparation is published, at the time environmental analysis is commenced as well as the potential future conditions discussed in the plan.
NOTE

Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Sections 21060.5, 21061 and 21100, Public Resources Code; E.P.I.C. v. County of El Dorado (1982) 131 Cal. App. 3d 350; San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App.4th 713; Bloom v. McGurk (1994) 26 Cal.App.4th 1307.
HISTORY

1. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
3. Amendment of subsection (d) and Note filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).
§15126. Consideration and Discussion of Environmental Impacts.
Note     •     History

All phases of a project must be considered when evaluating its impact on the environment: planning, acquisition, development, and operation. The subjects listed below shall be discussed as directed in Sections 15126.2, 15126.4 and 15126.6, preferably in separate sections or paragraphs of the EIR. If they are not discussed separately, the EIR shall include a table showing where each of the subjects is discussed.
(a) Significant Environmental Effects of the Proposed Project.
(b) Significant Environmental Effects Which Cannot be Avoided if the Proposed Project is Implemented.
(c) Significant Irreversible Environmental Changes Which Would be Involved in the Proposed Project Should it be Implemented.
(d) Growth-Inducing Impact of the Proposed Project.
(e) The Mitigation Measures Proposed to Minimize the Significant Effects.
(f) Alternatives to the Proposed Project.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002, 21003, 21100 and 21081.6, Public Resources Code; Citizens of Goleta Valley v. Board of Supervisors, (1990) 52 Cal.3d 553; Laurel Heights Improvement Association v. Regents of the University of California, (1988) 47 Cal. 3d 376; Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359; and Laurel Heights Improvement Association v. Regents of the University of California (1993) 6 Cal. 4th 1112.
HISTORY

1. Amendment of subsection (d), repealer and new subsections (d)(1)-(4), amendment of subsection (d)(5), new subsections (d)(5)(A)-(B)3, designation of subsection (d)(5)(C) and amendment of Note filed 8-19-94; operative 9-19-94 (Register 94, No. 33).
2. Amendment of section heading, repealer of subsection (e), subsection relettering, and amendment of Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
3. Amendment of first paragraph, repealer and new subsections (a)-(f) and amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15126.2. Consideration and Discussion of Significant Environmental Impacts.
Note     •     History

(a) The Significant Environmental Effects of the Proposed Project. An EIR shall identify and focus on the significant environmental effects of the proposed project. In assessing the impact of a proposed project on the environment, the lead agency should normally limit its examination to changes in the existing physical conditions in the affected area as they exist at the time the notice of preparation is published, or where no notice of preparation is published, at the time environmental analysis is commenced. Direct and indirect significant effects of the project on the environment shall be clearly identified and described, giving due consideration to both the short-term and long-term effects. The discussion should include relevant specifics of the area, the resources involved, physical changes, alterations to ecological systems, and changes induced in population distribution, population concentration, the human use of the land (including commercial and residential development), health and safety problems caused by the physical changes, and other aspects of the resource base such as water, historical resources, scenic quality, and public services. The EIR shall also analyze any significant environmental effects the project might cause by bringing development and people into the area affected. For example, an EIR on a subdivision astride an active fault line should identify as a significant effect the seismic hazard to future occupants of the subdivision. The subdivision would have the effect of attracting people to the location and exposing them to the hazards found there. Similarly, the EIR should evaluate any potentially significant impacts of locating development in other areas susceptible to hazardous conditions (e.g., floodplains, coastlines, wildfire risk areas) as identified in authoritative hazard maps, risk assessments or in land use plans addressing such hazards areas.
(b) Significant Environmental Effects Which Cannot be Avoided if the Proposed Project is Implemented. Describe any significant impacts, including those which can be mitigated but not reduced to a level of insignificance. Where there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the project is being proposed, notwithstanding their effect, should be described.
(c) Significant Irreversible Environmental Changes Which Would be Caused by the Proposed Project Should it be Implemented. Uses of nonrenewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or nonuse thereafter unlikely. Primary impacts and, particularly, secondary impacts (such as highway improvement which provides access to a previously inaccessible area) generally commit future generations to similar uses. Also irreversible damage can result from environmental accidents associated with the project. Irretrievable commitments of resources should be evaluated to assure that such current consumption is justified. (See Public Resources Code section 21100.1 and Title 14, California Code of Regulations, section 15127 for limitations to applicability of this requirement.)
(d) Growth-Inducing Impact of the Proposed Project. Discuss the ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population growth (a major expansion of a waste water treatment plant might, for example, allow for more construction in service areas). Increases in the population may tax existing community service facilities, requiring construction of new facilities that could cause significant environmental effects. Also discuss the characteristic of some projects which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. 
NOTE

Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Sections 21002, 21003 and 21100, Public Resources Code; Citizens of Goleta Valley v. Board of Supervisors, (1990) 52 Cal.3d 553; Laurel Heights Improvement Association v. Regents of the University of California, (1988) 47 Cal.3d 376; Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359; Laurel Heights Improvement Association v. Regents of the University of California (1993) 6 Cal.4th 1112;  and Goleta Union School Dist. v. Regents of the Univ. Of  Calif (1995) 37 Cal. App.4th 1025.
HISTORY

1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
3. Amendment of subsections (a) and (c) and Note filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).
§15126.4. Consideration and Discussion of Mitigation Measures Proposed to Minimize Significant Effects.
Note     •     History

(a) Mitigation Measures in General.
(1) An EIR shall describe feasible measures which could minimize significant adverse impacts, including where relevant, inefficient and unnecessary consumption of energy.
(A) The discussion of mitigation measures shall distinguish between the measures which are proposed by project proponents to be included in the project and other measures proposed by the lead, responsible or trustee agency or other persons which are not included but the lead agency determines could reasonably be expected to reduce adverse impacts if required as conditions of approving the project. This discussion shall identify mitigation measures for each significant environmental effect identified in the EIR.
(B) Where several measures are available to mitigate an impact, each should be discussed and the basis for selecting a particular measure should be identified. Formulation of mitigation measures should not be deferred until some future time. However, measures may specify performance standards which would mitigate the significant effect of the project and which may be accomplished in more than one specified way.
(C) Energy conservation measures, as well as other appropriate mitigation measures, shall be discussed when relevant. Examples of energy conservation measures are provided in Appendix F.
(D) If a mitigation measure would cause one or more significant effects in addition to those that would be caused by the project as proposed, the effects of the mitigation measure shall be discussed but in less detail than the significant effects of the project as proposed. (Stevens v. City of Glendale (1981) 125 Cal.App.3d 986.)
(2) Mitigation measures must be fully enforceable through permit conditions, agreements, or other legally-binding instruments. In the case of the adoption of a plan, policy, regulation, or other public project, mitigation measures can be incorporated into the plan, policy, regulation, or project design.
(3) Mitigation measures are not required for effects which are not found to be significant.
(4) Mitigation measures must be consistent with all applicable constitutional requirements, including the following:
(A) There must be an essential nexus (i.e. connection) between the mitigation measure and a legitimate governmental interest. Nollan v. California Coastal Commission, 483 U.S. 825 (1987); and
(B) The mitigation measure must be “roughly proportional” to the impacts of the project. Dolan v. City of Tigard, 512 U.S. 374 (1994). Where the mitigation measure is an ad hoc exaction, it must be “roughly proportional” to the impacts of the project. Ehrlich v. City of Culver City (1996) 12 Cal.4th 854.
(5) If the lead agency determines that a mitigation measure cannot be legally imposed, the measure need not be proposed or analyzed. Instead, the EIR may simply reference that fact and briefly explain the reasons underlying the lead agency's determination.
(b) Mitigation Measures Related to Impacts on Historical Resources.
(1) Where maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of the historical resource will be conducted in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer, the project's impact on the historical resource shall generally be considered mitigated below a level of significance and thus is not significant.
(2) In some circumstances, documentation of an historical resource, by way of historic narrative, photographs or architectural drawings, as mitigation for the effects of demolition of the resource will not mitigate the effects to a point where clearly no significant effect on the environment would occur.
(3) Public agencies should, whenever feasible, seek to avoid damaging effects on any historical resource of an archaeological nature. The following factors shall be considered and discussed in an EIR for a project involving such an archaeological site:
(A) Preservation in place is the preferred manner of mitigating impacts to archaeological sites. Preservation in place maintains the relationship between artifacts and the archaeological context. Preservation may also avoid conflict with religious or cultural values of groups associated with the site.
(B) Preservation in place may be accomplished by, but is not limited to, the following:
1. Planning construction to avoid archaeological sites; 
2. Incorporation of sites within parks, greenspace, or other open space;
3. Covering the archaeological sites with a layer of chemically stable soil before building tennis courts, parking lots, or similar facilities on the site.
4. Deeding the site into a permanent conservation easement.
(C) When data recovery through excavation is the only feasible mitigation, a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the historical resource, shall be prepared and adopted prior to any excavation being undertaken. Such studies shall be deposited with the California Historical Resources Regional Information Center. Archaeological sites known to contain human remains shall be treated in accordance with the provisions of Section 7050.5 Health and Safety Code. If an artifact must be removed during project excavation or testing, curation may be an appropriate mitigation.
(D) Data recovery shall not be required for an historical resource if the lead agency determines that testing or studies already completed have adequately recovered the scientifically consequential information from and about the archaeological or historical resource, provided that the determination is documented in the EIR and that the studies are deposited with the California Historical Resources Regional Information Center.
(c) Mitigation Measures Related to Greenhouse Gas Emissions.
Consistent with section 15126.4(a), lead agencies shall consider feasible means, supported by substantial evidence and subject to monitoring or reporting, of mitigating the significant effects of greenhouse gas emissions. Measures to mitigate the significant effects of greenhouse gas emissions may include, among others:
(1) Measures in an existing plan or mitigation program for the reduction of emissions that are required as part of the lead agency's decision;
(2) Reductions in emissions resulting from a project through implementation of project features, project design, or other measures, such as those described in Appendix F;
(3) Off-site measures, including offsets that are not otherwise required, to mitigate a project's emissions;
(4) Measures that sequester greenhouse gases;
(5) In the case of the adoption of a plan, such as a general plan, long range development plan, or plans for the reduction of greenhouse gas emissions, mitigation may include the identification of specific measures that may be implemented on a project-by-project basis. Mitigation may also include the incorporation of specific measures or policies found in an adopted ordinance or regulation that reduces the cumulative effect of emissions. 
NOTE

Authority: Sections 21083 and 21083.05, Public Resources Code. Reference: Sections 5020.5, 21002, 21003, 21083.05, 21084.1 and 21100, Public Resources Code; Citizens of Goleta Valley v. Board of Supervisors, (1990) 52 Cal.3d 553; Laurel Heights Improvement Association v. Regents of the University of California, (1988) 47 Cal.3d 376; Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359; Laurel Heights Improvement Association v. Regents of the University of California (1993) 6 Cal.4th 1112; Sacramento Old City Assn. v. City Council of Sacramento (1991) 229 Cal.App.3d 1011; San Franciscans Upholding the Downtown Plan v. City & Co. of San Francisco (2002) 102 Cal.App.4th 656; Ass'n of Irritated Residents v. County of Madera (2003) 107 Cal.App.4th 1383; and Environmental Council of Sacramento v. City of Sacramento (2006) 142 Cal.App.4th 1018.
HISTORY

1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Amendment of subsection (b)(3)(C) and amendment of Note filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
4. New subsections (c)-(c)(5) and amendment of Note filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).
§15126.6. Consideration and Discussion of Alternatives to the Proposed Project.
Note     •     History

(a) Alternatives to the Proposed Project. An EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project. Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decisionmaking and public participation. An EIR is not required to consider alternatives which are infeasible. The lead agency is responsible for selecting a range of project alternatives for examination and must publicly disclose its reasoning for selecting those alternatives. There is no ironclad rule governing the nature or scope of the alternatives to be discussed other than the rule of reason. (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553 and Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Cal.3d 376).
(b) Purpose. Because an EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment (Public Resources Code Section 21002.1), the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly. 
(c) Selection of a range of reasonable alternatives. The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic objectives of the project and could avoid or substantially lessen one or more of the significant effects. The EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the lead agency's determination. Additional information explaining the choice of alternatives may be included in the administrative record. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are:(i) failure to meet most of the basic project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts.
(d) Evaluation of alternatives. The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison with the proposed project. A matrix displaying the major characteristics and significant environmental effects of each alternative may be used to summarize the comparison. If an alternative would cause one or more significant effects in addition to those that would be caused by the project as proposed, the significant effects of the alternative shall be discussed, but in less detail than the significant effects of the project as proposed. (County of Inyo v. City of Los Angeles (1981) 124 Cal.App.3d 1).
(e) “No project” alternative. 
(1) The specific alternative of “no project” shall also be evaluated along with its impact. The purpose of describing and analyzing a no project alternative is to allow decisionmakers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. The no project alternative analysis is not the baseline for determining whether the proposed project's environmental impacts may be significant, unless it is identical to the existing environmental setting analysis which does establish that baseline (see Section 15125).
(2) The “no project” analysis shall discuss the existing conditions at the time the notice of preparation is published, or if no notice of preparation is published, at the time environmental analysis is commenced, as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. If the environmentally superior alternative is the “no project” alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. 
(3) A discussion of the “no project” alternative will usually proceed along one of two lines:
(A) When the project is the revision of an existing land use or regulatory plan, policy or ongoing operation, the “no project” alternative will be the continuation of the existing plan, policy or operation into the future. Typically this is a situation where other projects initiated under the existing plan will continue while the new plan is developed. Thus, the projected impacts of the proposed plan or alternative plans would be compared to the impacts that would occur under the existing plan.
(B) If the project is other than a land use or regulatory plan, for example a development project on identifiable property, the “no project” alternative is the circumstance under which the project does not proceed. Here the discussion would compare the environmental effects of the property remaining in its existing state against environmental effects which would occur if the project is approved. If disapproval of the project under consideration would result in predictable actions by others, such as the proposal of some other project, this “no project” consequence should be discussed. In certain instances, the no project alternative means “no build” wherein the existing environmental setting is maintained. However, where failure to proceed with the project will not result in preservation of existing environmental conditions, the analysis should identify the practical result of the project's non-approval and not create and analyze a set of artificial assumptions that would be required to preserve the existing physical environment.
(C) After defining the no project alternative using one of these approaches, the lead agency should proceed to analyze the impacts of the no project alternative by projecting what would reasonably be expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. 
(f) Rule of reason. The range of alternatives required in an EIR is governed by a “rule of reason” that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project. Of those alternatives, the EIR need examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the project. The range of feasible alternatives shall be selected and discussed in a manner to foster meaningful public participation and informed decision making.
(1) Feasibility. Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries (projects with a regionally significant impact should consider the regional context), and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site (or the site is already owned by the proponent). No one of these factors establishes a fixed limit on the scope of reasonable alternatives. (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553; see Save Our Residential Environment v. City of West Hollywood (1992) 9 Cal.App.4th 1745, 1753, fn. 1).
(2) Alternative locations.
(A) Key question. The key question and first step in analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR.
(B) None feasible. If the lead agency concludes that no feasible alternative locations exist, it must disclose the reasons for this conclusion, and should include the reasons in the EIR. For example, in some cases there may be no feasible alternative locations for a geothermal plant or mining project which must be in close proximity to natural resources at a given location.
(C) Limited new analysis required. Where a previous document has sufficiently analyzed a range of reasonable alternative locations and environmental impacts for projects with the same basic purpose, the lead agency should review the previous document. The EIR may rely on the previous document to help it assess the feasibility of potential project alternatives to the extent the circumstances remain substantially the same as they relate to the alternative. (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 573).
(3) An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and speculative. (Residents Ad Hoc Stadium Committee v. Board of Trustees (1979) 89 Cal. App.3d 274).
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002, 21002.1, 21003 and 21100, Public Resources Code; Citizens of Goleta Valley v. Board of Supervisors, (1990) 52 Cal.3d 553; Laurel Heights Improvement Association v. Regents of the University of California, (1988) 47 Cal.3d 376; Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359; and Laurel Heights Improvement Association v. Regents of the University of California (1993) 6 Cal.4th 1112.
HISTORY

1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15127. Limitations on Discussion of Environmental Impact.
Note     •     History

The information required by Section 15126.2(c) concerning irreversible changes, need be included only in EIRs prepared in connection with any of the following activities:
(a) The adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency;
(b) The adoption by a local agency formation commission of a resolution making determinations; or
(c) A project which will be subject to the requirement for preparing an environmental impact statement pursuant to the requirements of the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21100.1, Public Resources Code.
HISTORY

1. Amendment of first paragraph, subsection (c) and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending first paragraph filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15128. Effects Not Found to Be Significant.
Note     •     History

An EIR shall contain a statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and were therefore not discussed in detail in the EIR. Such a statement may be contained in an attached copy of an initial study.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15129. Organizations and Persons Consulted.
Note     •     History

The EIR shall identify all federal, state, or local agencies, other organizations, and private individuals consulted in preparing the draft EIR, and the persons, firm, or agency preparing the draft EIR, by contract or other authorization.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21104 and 21153, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15130. Discussion of Cumulative Impacts.
Note     •     History

(a) An EIR shall discuss cumulative impacts of a project when the project's incremental effect is cumulatively considerable, as defined in section 15065(a)(3). Where a lead agency is examining a project with an incremental effect that is not “cumulatively considerable,” a lead agency need not consider that effect significant, but shall briefly describe its basis for concluding that the incremental effect is not cumulatively considerable.
(1) As defined in Section 15355, a cumulative impact consists of an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts. An EIR should not discuss impacts which do not result in part from the project evaluated in the EIR.
(2) When the combined cumulative impact associated with the project's incremental effect and the effects of other projects is not significant, the EIR shall briefly indicate why the cumulative impact is not significant and is not discussed in further detail in the EIR. A lead agency shall identify facts and analysis supporting the lead agency's conclusion that the cumulative impact is less than significant. 
(3) An EIR may determine that a project's contribution to a significant cumulative impact will be rendered less than cumulatively considerable and thus is not significant. A project's contribution is less than cumulatively considerable if the project is required to implement or fund its fair share of a mitigation measure or measures designed to alleviate the cumulative impact. The lead agency shall identify facts and analysis supporting its conclusion that the contribution will be rendered less than cumulatively considerable.
(b) The discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence, but the discussion need not provide as great detail as is provided for the effects attributable to the project alone. The discussion should be guided by the standards of practicality and reasonableness, and should focus on the cumulative impact to which the identified other projects contribute rather than the attributes of other projects which do not contribute to the cumulative impact. The following elements are necessary to an adequate discussion of significant cumulative impacts:
(1) Either:
(A) A list of past, present, and probable future projects producing related or cumulative impacts, including, if necessary, those projects outside the control of the agency, or
(B) A summary of projections contained in an adopted local, regional or statewide plan, or related planning document, that describes or evaluates conditions contributing to the cumulative effect. Such plans may include: a general plan, regional transportation plan, or plans for the reduction of greenhouse gas emissions. A summary of projections may also be contained in an adopted or certified prior environmental document for such a plan. Such projections may be supplemented with additional information such as a regional modeling program. Any such document shall be referenced and made available to the public at a location specified by the lead agency.
(2) When utilizing a list, as suggested in paragraph (1) of subdivision (b), factors to consider when determining whether to include a related project should include the nature of each environmental resource being examined, the location of the project and its type. Location may be important, for example, when water quality impacts are at issue since projects outside the watershed would probably not contribute to a cumulative effect. Project type may be important, for example, when the impact is specialized, such as a particular air pollutant or mode of traffic.
(3) Lead agencies should define the geographic scope of the area affected by the cumulative effect and provide a reasonable explanation for the geographic limitation used.
(4) A summary of the expected environmental effects to be produced by those projects with specific reference to additional information stating where that information is available, and
(5) A reasonable analysis of the cumulative impacts of the relevant projects. An EIR shall examine reasonable, feasible options for mitigating or avoiding the project's contribution to any significant cumulative effects.
(c) With some projects, the only feasible mitigation for cumulative impacts may involve the adoption of ordinances or regulations rather than the imposition of conditions on a project-by-project basis.
(d) Previously approved land use documents, including, but not limited to, general plans, specific plans, regional transportation plans, plans for the reduction of greenhouse gas emissions, and local coastal plans may be used in cumulative impact analysis. A pertinent discussion of cumulative impacts contained in one or more previously certified EIRs may be incorporated by reference pursuant to the provisions for tiering and program EIRs. No further cumulative impacts analysis is required when a project is consistent with a general, specific, master or comparable programmatic plan where the lead agency determines that the regional or areawide cumulative impacts of the proposed project have already been adequately addressed, as defined in section 15152(f), in a certified EIR for that plan.
(e) If a cumulative impact was adequately addressed in a prior EIR for a community plan, zoning action, or general plan, and the project is consistent with that plan or action, then an EIR for such a project should not further analyze that cumulative impact, as provided in Section15183(j).
NOTE

Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Sections 21003(d), 21083(b), 21093, 21094 and 21100, Public Resources Code; Whitman v. Board of Supervisors, (1979) 88 Cal. App. 3d 397; San Franciscans for Reasonable Growth v. City and County of San Francisco (1984) 151 Cal.App.3d 61; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692; Laurel Heights Homeowners Association v. Regents of the University of California (1988) 47 Cal.3d 376; Sierra Club v. Gilroy (1990) 220 Cal.App.3d 30; Citizens to Preserve the Ojai v. County of Ventura (1985) 176 Cal.App.3d 421; Concerned Citizens of South Cent. Los Angeles v. Los Angeles Unified Sch. Dist. (1994) 24 Cal.App.4th 826; Las Virgenes Homeowners Fed'n v. County of Los Angeles (1986) 177 Cal.App.3d 300; San Joaquin Raptor/Wildlife Rescue Ctr v. County of Stanislaus (1994) 27 Cal.App.4th 713; Fort Mojave Indian Tribe v. Cal. Dept. Of Health Services (1995) 38 Cal.App.4th 1574; Santa Monica Chamber of Commerce v. City of Santa Monica (2002) 101 Cal.App.4th 786; Communities for a Better Environment v. California Resources Agency (2002) 103 Cal.App.4th 98; and Ass'n of Irritated Residents v. County of Madera (2003) 107 Cal.App.4th 1383.
HISTORY

1. Amendment of section heading, new subsection (d) and amendment of Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsection (d) filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
4. Change without regulatory effect repealing subsection (a)(4), amending subsection (b)(1)(B), redesignating former subsection (b)(1)(B)1. as subsection (b)(2), repealing former subsection (b)(1)(B)2., renumbering subsections and amending Note filed 7-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 30).
5. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
6. Amendment of subsections (a), (b)(1)(B) and (d) and Note filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).
§15131. Economic and Social Effects.
Note     •     History

Economic or social information may be included in an EIR or may be presented in whatever form the agency desires.
(a) Economic or social effects of a project shall not be treated as significant effects on the environment. An EIR may trace a chain of cause and effect from a proposed decision on a project through anticipated economic or social changes resulting from the project to physical changes caused in turn by the economic or social changes. The intermediate economic or social changes need not be analyzed in any detail greater than necessary to trace the chain of cause and effect. The focus of the analysis shall be on the physical changes. 
(b) Economic or social effects of a project may be used to determine the significance of physical changes caused by the project. For example, if the construction of a new freeway or rail line divides an existing community, the construction would be the physical change, but the social effect on the community would be the basis for determining that the effect would be significant. As an additional example, if the construction of a road and the resulting increase in noise in an area disturbed existing religious practices in the area, the disturbance of the religious practices could be used to determine that the construction and use of the road and the resulting noise would be significant effects on the environment. The religious practices would need to be analyzed only to the extent to show that the increase in traffic and noise would conflict with the religious practices. Where an EIR uses economic or social effects to determine that a physical change is significant, the EIR shall explain the reason for determining that the effect is significant.
(c) Economic, social, and particularly housing factors shall be considered by public agencies together with technological and environmental factors in deciding whether changes in a project are feasible to reduce or avoid the significant effects on the environment identified in the EIR. If information on these factors is not contained in the EIR, the information must be added to the record in some other manner to allow the agency to consider the factors in reaching a decision on the project.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21001(e) and (g), 21002, 21002.1, 21060.5, 21080.1, 21083(c) and 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15132. Contents of Final Environmental Impact Report.
Note     •     History

The final EIR shall consist of:
(a) The Draft EIR or a revision of the draft.
(b) Comments and recommendations received on the Draft EIR either verbatim or in summary.
(c) A list of persons, organizations, and public agencies commenting on the Draft EIR.
(d) The responses of the Lead Agency to significant environmental points raised in the review and consultation process.
(e) Any other information added by the lead agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 10. Considerations in Preparing EIRs and Negative Declarations
§15140. Writing.
Note     •     History

EIRs shall be written in plain language and may use appropriate graphics so that decisionmakers and the public can rapidly understand the documents.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003 and 21100, Public Resources Code.
HISTORY

1. Repealer of Article 10 (Sections 15160-15167) and new Article 10 (Sections 15140-15153) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Registers 80, No. 19; 78, No. 5; 76, No. 41; 75, No. 1; and 73, No. 50.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15141. Page Limits.
Note     •     History

The text of draft EIRs should normally be less than 150 pages and for proposals of unusual scope or complexity should normally be less than 300 pages.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15142. Interdisciplinary Approach.
Note     •     History

An EIR shall be prepared using an interdisciplinary approach which will ensure the integrated use of the natural and social sciences and the consideration of qualitative as well as quantitative factors. The interdisciplinary analysis shall be conducted by competent individuals, but no single discipline shall be designated or required to undertake this evaluation.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000, 21001 and 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15143. Emphasis.
Note     •     History

The EIR shall focus on the significant effects on the environment. The significant effects should be discussed with emphasis in proportion to their severity and probability of occurrence. Effects dismissed in an Initial Study as clearly insignificant and unlikely to occur need not be discussed further in the EIR unless the Lead Agency subsequently receives information inconsistent with the finding in the Initial Study. A copy of the Initial Study may be attached to the EIR to provide the basis for limiting the impacts discussed.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003, 21061 and 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15144. Forecasting.
Note     •     History

Drafting an EIR or preparing a negative declaration necessarily involves some degree of forecasting. While foreseeing the unforeseeable is not possible, an agency must use its best efforts to find out and disclose all that it reasonably can.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003, 21061 and 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15145. Speculation.
Note     •     History

If, after thorough investigation, a lead agency finds that a particular impact is too speculative for evaluation, the agency should note its conclusion and terminate discussion of the impact.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003, 21061 and 21100, Public Resources Code; Topanga Beach Renters Association v. Department of General Services (1976) 58 Cal. App. 3d 712.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15146. Degree of Specificity.
Note     •     History

The degree of specificity required in an EIR will correspond to the degree of specificity involved in the underlying activity which is described in the EIR.
(a) An EIR on a construction project will necessarily be more detailed in the specific effects of the project than will be an EIR on the adoption of a local general plan or comprehensive zoning ordinance because the effects of the construction can be predicted with greater accuracy.
(b) An EIR on a project such as the adoption or amendment of a comprehensive zoning ordinance or a local general plan should focus on the secondary effects that can be expected to follow from the adoption, or amendment, but the EIR need not be as detailed as an EIR on the specific construction projects that might follow.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003, 21061 and 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15147. Technical Detail.
Note     •     History

The information contained in an EIR shall include summarized technical data, maps, plot plans, diagrams, and similar relevant information sufficient to permit full assessment of significant environmental impacts by reviewing agencies and members of the public. Placement of highly technical and specialized analysis and data in the body of an EIR should be avoided through inclusion of supporting information and analyses as appendices to the main body of the EIR. Appendices to the EIR may be prepared in volumes separate from the basic EIR document, but shall be readily available for public examination and shall be submitted to all clearinghouses which assist in public review.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003, 21061 and 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15148. Citation.
Note     •     History

Preparation of EIRs is dependent upon information from many sources, including engineering project reports and many scientific documents relating to environmental features. These documents should be cited but not included in the EIR. The EIR shall cite all documents used in its preparation including, where possible, the page and section number of any technical reports which were used as the basis for any statements in the EIR.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003, 21061 and 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15149. Use of Registered Professionals in Preparing EIRs.
Note     •     History

(a) A number of statutes provide that certain professional services can be provided to the public only by individuals who have been registered by a registration board established under California law. Such statutory restrictions apply to a number of professions including but not limited to engineering, land surveying, forestry, geology, and geophysics.
(b) In its intended usage, an EIR is not a technical document that can be prepared only by a registered professional. The EIR serves as a public disclosure document explaining the effects of the proposed project on the environment, alternatives to the project, and ways to minimize adverse effects and to increase beneficial effects. As a result of information in the EIR, the lead agency should establish requirements or conditions on project design, construction, or operation in order to protect or enhance the environment. State statutes may provide that only registered professionals can prepare technical studies which will be used in or which will control the detailed design, construction, or operation of the proposed project and which will be prepared in support of an EIR.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003, 21061 and 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15150. Incorporation by Reference.
Note     •     History

(a) An EIR or negative declaration may incorporate by reference all or portions of another document which is a matter of public record or is generally available to the public. Where all or part of another document is incorporated by reference, the incorporated language shall be considered to be set forth in full as part of the text of the EIR or negative declaration.
(b) Where part of another document is incorporated by reference, such other document shall be made available to the public for inspection at a public place or public building. The EIR or negative declaration shall state where the incorporated documents will be available for inspection. At a minimum, the incorporated document shall be made available to the public in an office of the lead agency in the county where the project would be carried out or in one or more public buildings such as county offices or public libraries if the lead agency does not have an office in the county. 
(c) Where an EIR or negative declaration uses incorporation by reference, the incorporated part of the referenced document shall be briefly summarized where possible or briefly described if the data or information cannot be summarized. The relationship between the incorporated part of the referenced document and the EIR shall be described.
(d) Where an agency incorporates information from an EIR that has previously been reviewed through the state review system, the state identification number of the incorporated document should be included in the summary or designation described in subdivision (c). 
(e) Examples of materials that may be incorporated by reference include but are not limited to:
(1) A description of the environmental setting from another EIR.
(2) A description of the air pollution problems prepared by an air pollution control agency concerning a process involved in the project.
(3) A description of the city or county general plan that applies to the location of the project.
(4) A description of the effects of greenhouse gas emissions on the environment.
(f) Incorporation by reference is most appropriate for including long, descriptive, or technical materials that provide general background but do not contribute directly to the analysis of the problem at hand.
NOTE

Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Sections 21003, 21061, 21083.05 and 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
2. New subsection (e)(4) and amendment of Note filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).
§15151. Standards for Adequacy of an EIR.
Note     •     History

An EIR should be prepared with a sufficient degree of analysis to provide decisionmakers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21061 and 21100, Public Resources Code; San Francisco Ecology Center v. City and County of San Francisco, 48 Cal. App. 3d 584 (1975).
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15152. Tiering.
Note     •     History

(a) “Tiering” refers to using the analysis of general matters contained in a broader EIR (such as one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project.
(b) Agencies are encouraged to tier the environmental analyses which they prepare for separate but related projects including general plans, zoning changes, and development projects. This approach can eliminate repetitive discussions of the same issues and focus the later EIR or negative declaration on the actual issues ripe for decision at each level of environmental review. Tiering is appropriate when the sequence of analysis is from an EIR prepared for a general plan, policy, or program to an EIR or negative declaration for another plan, policy, or program of lesser scope, or to a site-specific EIR or negative declaration. Tiering does not excuse the lead agency from adequately analyzing reasonably foreseeable significant environmental effects of the project and does not justify deferring such analysis to a later tier EIR or negative declaration. However, the level of detail contained in a first tier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed.
(c) Where a lead agency is using the tiering process in connection with an EIR for a large-scale planning approval, such as a general plan or component thereof (e.g., an area plan or community plan), the development of detailed, site-specific information may not be feasible but can be deferred, in many instances, until such time as the lead agency prepares a future environmental document in connection with a project of a more limited geographical scale, as long as deferral does not prevent adequate identification of significant effects of the planning approval at hand.
(d) Where an EIR has been prepared and certified for a program, plan, policy, or ordinance consistent with the requirements of this section, any lead agency for a later project pursuant to or consistent with the program, plan, policy, or ordinance should limit the EIR or negative declaration on the later project to effects which:
(1) Were not examined as significant effects on the environment in the prior EIR; or
(2) Are susceptible to substantial reduction or avoidance by the choice of specific revisions in the project, by the imposition of conditions, or other means.
(e) Tiering under this section shall be limited to situations where the project is consistent with the general plan and zoning of the city or county in which the project is located, except that a project requiring a rezone to achieve or maintain conformity with a general plan may be subject to tiering.
(f) A later EIR shall be required when the initial study or other analysis finds that the later project may cause significant effects on the environment that were not adequately addressed in the prior EIR. A negative declaration shall be required when the provisions of Section 15070 are met.
(1) Where a lead agency determines that a cumulative effect has been adequately addressed in the prior EIR, that effect is not treated as significant for purposes of the later EIR or negative declaration, and need not be discussed in detail.
(2) When assessing whether there is a new significant cumulative effect, the lead agency shall consider whether the incremental effects of the project would be considerable when viewed in the context of past, present, and probable future projects. At this point, the question is not whether there is a significant cumulative impact, but whether the effects of the project are cumulatively considerable. For a discussion on how to assess whether project impacts are cumulatively considerable, see Section 15064(i). 
(3) Significant environmental effects have been “adequately addressed” if the lead agency determines that:
(A) they have been mitigated or avoided as a result of the prior environmental impact report and findings adopted in connection with that prior environmental report; or
(B) they have been examined at a sufficient level of detail in the prior environmental impact report to enable those effects to be mitigated or avoided by site specific revisions, the imposition of conditions, or by other means in connection with the approval of the later project.
(g) When tiering is used, the later EIRs or negative declarations shall refer to the prior EIR and state where a copy of the prior EIR may be examined. The later EIR or negative declaration should state that the lead agency is using the tiering concept and that it is being tiered with the earlier EIR.
(h) There are various types of EIRs that may be used in a tiering situation. These include, but are not limited to, the following:
(1) General plan EIR (Section 15166).
(2) Staged EIR (Section 15167).
(3) Program EIR (Section 15168).
(4) Master EIR (Section 15175).
(5) Multiple-family residential development/residential and commercial or retail mixed-use development (Section 15179.5).
(6) Redevelopment project (Section 15180).
(7) Projects consistent with community plan, general plan, or zoning (Section 15183).
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003, 21061, 21093, 21094, 21100 and 21151, Public Resources Code; Stanislaus Natural Heritage Project, Sierra Club v. County of Stanislaus (1996) 48 Cal.App.4th 182; Al Larson Boat Shop, Inc. v. Board of Harbor Commissioners (1993) 18 Cal.App. 4th 729; and Sierra Club v. County of Sonoma (1992) 6 Cal.App. 4th 1307.
HISTORY

1. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending subsections (f)(3)(A)-(B) and repealing subsection (f)(3)(C) filed 7-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 30).
3. Change without regulatory effect repealing subsection (h)(7), renumbering subsections and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15153. Use of an EIR from an Earlier Project.
Note     •     History

(a) The lead agency may employ a single EIR to describe more than one project, if such projects are essentially the same in terms of environmental impact. Further, the lead agency may use an earlier EIR prepared in connection with an earlier project to apply to a later project, if the circumstances of the projects are essentially the same.
(b) When a lead agency proposes to use an EIR from an earlier project as the EIR for a separate, later project, the lead agency shall use the following procedures:
(1) The lead agency shall review the proposed project with an initial study, using incorporation by reference if necessary, to determine whether the EIR would adequately describe:
(A) The general environmental setting of the project,
(B) The significant environmental impacts of the project, and
(C) Alternatives and mitigation measures related to each significant effect.
(2) If the lead agency believes that the EIR would meet the requirements of subdivision (1), it shall provide public review as provided in Section 15087 stating that it plans to use the previously prepared EIR as the draft EIR for this project. The notice shall include as a minimum:
(A) An identification of the project with a brief description;
(B) A statement that the agency plans to use a certain EIR prepared for a previous project as the EIR for this project;
(C) A listing of places where copies of the EIR may be examined; and
(D) A statement that the key issues involving the EIR are whether the EIR should be used for this project and whether there are any additional, reasonable alternatives or mitigation measures that should be considered as ways of avoiding or reducing the significant effects of the project.
(3) The lead agency shall prepare responses to comments received during the review period.
(4) Before approving the project, the decisionmaker in the lead agency shall:
(A) Consider the information in the EIR including comments received during the review period and responses to those comments,
(B) Decide either on its own or on a staff recommendation whether the EIR is adequate for the project at hand, and
(C) Make or require certification to be made as described in Section 15090.
(D) Make findings as provided in Sections 15091 and 15093 as necessary.
(5) After making a decision on the project, the lead agency shall file a notice of determination.
(c) An EIR prepared for an earlier project may also be used as part of an initial study to document a finding that a later project will not have a significant effect. In this situation a negative declaration will be prepared.
(d) An EIR prepared for an earlier project shall not be used as the EIR for a later project if any of the conditions described in Section 15162 would require preparation of a subsequent or supplemental EIR.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21100, 21151 and 21166, Public Resources Code.
HISTORY

1. Change without regulatory effect amending subsection (b)(2) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15154. Projects Near Airports.
Note     •     History

(a) When a lead agency prepares an EIR for a project within the boundaries of a comprehensive airport land use plan or, if a comprehensive airport land use plan has not been adopted for a project within two nautical miles of a public airport or public use airport, the agency shall utilize the Airport Land Use Planning Handbook published by Caltrans' Division of Aeronautics to assist in the preparation of the EIR relative to potential airport-related safety hazards and noise problems.
(b) A lead agency shall not adopt a negative declaration or mitigated negative declaration for a project described in subdivision (a) unless the lead agency considers whether the project will result in a safety hazard or noise problem for persons using the airport or for persons residing or working in the project area.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21096, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending subsection (b) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15155. City or County Consultation with Water Agencies.
Note     •     History

(a) The following definitions are applicable to this section.
(1) A “water-demand project” means:
(A) A residential development of more than 500 dwelling units.
(B) A shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space.
(C) A commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space.
(D) A hotel or motel, or both, having more than 500 rooms.
(E) An industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area.
(F) A mixed-use project that includes one or more of the projects specified in subdivisions (a)(1)(A), (a)(1)(B), (a)(1)(C), (a)(1)(D), (a)(1)(E), and (a)(1)(G) of this section.
(G) A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project.
(H) For public water systems with fewer than 5,000 service connections, a project that meets the following criteria:
1. A proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of a public water system's existing service connections; or
2. A mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system's existing service connections.
(2) “Public water system” means a system for the provision of piped water to the public for human consumption that has 3000 or more service connections. A public water system includes all of the following:
(A) Any collection, treatment, storage, and distribution facility under control of the operator of the system which is used primarily in connection with the system.
(B) Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system.
(C) Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.
(3) “Water acquisition plans” means any plans for acquiring additional water supplies prepared by the public water system or a city or county lead agency pursuant to subdivision (a) of section 10911 of the Water Code.
(4) “Water assessment” means the water supply assessment that must be prepared by the governing body of a public water system, or the city or county lead agency, pursuant to and in compliance with sections 10910 to 10915 of the Water Code, and that includes, without limitation, the elements of the assessment required to comply with subdivisions (d), (e), (f), and (g) of section 10910 of the Water Code.
(5) “City or county lead agency” means a city or county, acting as lead agency, for purposes of certifying or approving an environmental impact report, a negative declaration, or a mitigated negative declaration for a water-demand project.
(b) Subject to section 15155, subdivision (d) below, at the time a city or county lead agency determines whether an environmental impact report, a negative declaration, or a mitigated negative declaration, or any supplement thereto, is required for the water-demand project, the city or county lead agency shall take the following steps:
(1) The city or county lead agency shall identify any water system that either: (A) is a public water system that may supply water to the water-demand project, or (B) that may become such a public water system as a result of supplying water to the water-demand project. The city or county lead agency shall request the governing body of each such public water system to determine whether the projected water demand associated with a water-demand project was included in the most recently adopted urban water management plan adopted pursuant to Part 2.6 (commencing with section 10610) of the Water Code, and to prepare a water assessment approved at a regular or special meeting of that governing body.
(2) If the city or county lead agency is not able to identify any public water system that may supply water for the water-demand project, the city or county lead agency shall prepare a water assessment after consulting with any entity serving domestic water supplies whose service area includes the site of the water-demand project, the local agency formation commission, and the governing body of any public water system adjacent to the site of the water-demand project. The governing body of the city or county lead agency must approve the water assessment prepared pursuant to this section at a regular or special meeting.
(c) The city or county lead agency shall grant any reasonable request for an extension of time that is made by the governing body of a public water system preparing the water assessment, provided that the request for an extension of time is made within 90 days after the date on which the governing body of the public water system received the request to prepare a water assessment. If the governing body of the public water system fails to request and receive an extension of time, or fails to submit the water assessment notwithstanding the 30-day extension, the city or county lead agency may seek a writ of mandamus to compel the governing body of the public water system to comply with the requirements of Part 2.10 of Division 6 (commencing with section 10910) of the Water Code relating to the submission of the water assessment.
(d) If a water-demand project has been the subject of a water assessment, no additional water assessment shall be required for subsequent water-demand projects that were included in such larger water-demand project if all of the following criteria are met:
(1) The entity completing the water assessment had concluded that its water supplies are sufficient to meet the projected water demand associated with the larger water-demand project, in addition to the existing and planned future uses, including, but not limited to, agricultural and industrial uses; and
(2) None of the following changes has occurred since the completion of the water assessment for the larger water-demand project:
(A) Changes in the larger water-demand project that result in a substantial increase in water demand for the water-demand project.
(B) Changes in the circumstances or conditions substantially affecting the ability of the public water system or the water supplying city or county identified in the water assessment to provide a sufficient supply of water for the water demand project.
(C) Significant new information becomes available which was not known and could not have been known at the time when the entity had reached the conclusion in subdivision (d)(1).
(e) The city or county lead agency shall include the water assessment, and any water acquisition plan in the EIR, negative declaration, or mitigated negative declaration, or any supplement thereto, prepared for the water-demand project, and may include an evaluation of the water assessment and water acquisition plan information within such environmental document. The city or county lead  agency shall determine, based on the entire record, whether projected water supplies will be sufficient to satisfy the demands of the project, in addition to existing and planned future uses. If a city or county lead agency determines that water supplies will not be sufficient, the city or county lead agency shall include that determination in its findings for the water-demand project. 
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21151.9, Public Resources Code; and Sections 10910-10915, Water Code.
HISTORY

1. New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
Article 11. Types of EIRs
§15160. General.
Note     •     History

This article describes a number of examples of variations in EIRs as the documents are tailored to different situations and intended uses. These variations are not exclusive. Lead agencies may use other variations consistent with the guidelines to meet the needs of other circumstances. All EIRs must meet the content requirements discussed in Article 9 beginning with Section 15120.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21061, 21100 and 21151, Public Resources Code.
HISTORY

1. New Article 11 (Section 15180) filed 12-14-73 as an emergency; effective upon filing. Certificate of Compliance included (Register 73, No. 50).
2. Repealer of Article 11 (Section 15180) and new Article 11 (Sections 15160-15170) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
3. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15161. Project EIR.
Note     •     History

The most common type of EIR examines the environmental impacts of a specific development project. This type of EIR should focus primarily on the changes in the environment that would result from the development project. The EIR shall examine all phases of the project including planning, construction, and operation.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21061, 21100 and 21151, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15162. Subsequent EIRs and Negative Declarations.
Note     •     History

(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
(b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation.
(c) Once a project has been approved, the lead agency's role in project approval is completed, unless further discretionary approval on that project is required. Information appearing after an approval does not require reopening of that approval. If after the project is approved, any of the conditions described in subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted.
(d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous document is available and can be reviewed.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21166, Public Resources Code; Bowman v. City of Petaluma (1986) 185 Cal.App.3d 1065; Benton v. Board of Supervisors (1991) 226 Cal.App.3d 1467; and Fort Mojave Indian Tribe v. California Department of Health Services et al. (1995) 38 Cal.App.4th 1574.
HISTORY

1. Amendment of section heading, text and Note filed 8-19-94; operative 9-19-94 (Register 94, No. 33).
2. Amendment of subsection (c) and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsections (b)-(c) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15163. Supplement to an EIR.
Note     •     History

(a) The lead or responsible agency may choose to prepare a supplement to an EIR rather than a subsequent EIR if:
(1) Any of the conditions described in Section 15162 would require the preparation of a subsequent EIR, and
(2) Only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation.
(b) The supplement to the EIR need contain only the information necessary to make the previous EIR adequate for the project as revised.
(c) A supplement to an EIR shall be given the same kind of notice and public review as is given to a draft EIR under Section 15087.
(d) A supplement to an EIR may be circulated by itself without recirculating the previous draft or final EIR.
(e) When the agency decides whether to approve the project, the decision-making body shall consider the previous EIR as revised by the supplemental EIR. A finding under Section 15091 shall be made for each significant effect shown in the previous EIR as revised.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21166, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15164. Addendum to an EIR or Negative Declaration.
Note     •     History

(a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.
(b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
(c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
(d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project.
(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21166, Public Resources Code; Bowman v. City of Petaluma (1986) 185 Cal.App.3d 1065; and Benton v. Board of Supervisors (1991) 226 Cal.App.3d 1467.
HISTORY

1. Amendment of section heading, text and Note filed 8-19-94; operative 9-19-94 (Register 94, No. 33).
2. Amendment of subection (b) and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15165. Multiple and Phased Projects.
Note     •     History

Where individual projects are, or a phased project is, to be undertaken and where the total undertaking comprises a project with significant environmental effect, the lead agency shall prepare a single program EIR for the ultimate project as described in Section 15168. Where an individual project is a necessary precedent for action on a larger project, or commits the lead agency to a larger project, with significant environmental effect, an EIR must address itself to the scope of the larger project. Where one project is one of several similar projects of a public agency, but is not deemed a part of a larger undertaking or a larger project, the agency may prepare one EIR for all projects, or one for each project, but shall in either case comment upon the cumulative effect.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21061, 21100 and 21151, Public Resources Code; Whitman v. Board of Supervisors, 88 Cal. App. 3d 397 (1979).
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15166. EIR As Part of a General Plan.
Note     •     History

(a) The requirements for preparing an EIR on a local general plan, element, or amendment thereof will be satisfied by using the general plan, or element document, as the EIR and no separate EIR will be required, if:
(1) the general plan addresses all the points required to be in an EIR by Article 9 of these guidelines and
(2) the document contains a special section or a cover sheet identifying where the general plan document addresses each of the points required.
(b) Where an EIR rather than a negative declaration has been prepared for a general plan, element, or amendment thereto, the EIR shall be forwarded to the State Clearinghouse for review. The requirement shall apply regardless of whether the EIR is prepared as a separate document or as a part of the general plan or element document.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003, 21061, 21083, 21100, 21104, 21151 and 21152, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15167. Staged EIR.
Note     •     History

(a)Where a large capital project will require a number of discretionary approvals from government agencies and one of the approvals will occur more than two years before construction will begin, a staged EIR may be prepared covering the entire project in a general form. The staged EIR shall evaluate the proposal in light of current and contemplated plans and produce an informed estimate of the environmental consequences of the entire project. The aspect of the project before the public agency for approval shall be discussed with a greater degree of specificity.
(b) When a staged EIR has been prepared, a supplement to the EIR shall be prepared when a later approval is required for the project, and the information available at the time of the later approval would permit consideration of additional environmental impacts, mitigation measures, or reasonable alternatives to the project.
(c) Where a statute such as the Warren-Alquist Energy Resources Conservation and Development Act provides that a specific agency shall be the lead agency for a project and requires the lead agency to prepare an EIR, a responsible agency which must grant an approval for the project before the lead agency has completed the EIR may prepare and consider a staged EIR.
(d) An agency requested to prepare a staged EIR may decline to act as the lead agency if it determines, among other factors, that:
(1) Another agency would be the appropriate lead agency; and
(2) There is no compelling need to prepare a staged EIR and grant an approval for the project before the appropriate lead agency will take its action on the project.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21003, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15168. Program EIR.
Note     •     History

(a) General. A program EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either:
(1) Geographically,
(2) As logical parts in the chain of contemplated actions,
(3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program, or
(4) As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways.
(b) Advantages. Use of a program EIR can provide the following advantages. The program EIR can:
(1) Provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action,
(2) Ensure consideration of cumulative impacts that might be slighted in a case-by-case analysis,
(3) Avoid duplicative reconsideration of basic policy considerations,
(4) Allow the lead agency to consider broad policy alternatives and program wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts,
(5) Allow reduction in paperwork.
(c) Use With Later Activities. Subsequent activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared.
(1) If a later activity would have effects that were not examined in the program EIR, a new initial study would need to be prepared leading to either an EIR or a negative declaration.
(2) If the agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.
(3) An agency shall incorporate feasible mitigation measures and alternatives developed in the program EIR into subsequent actions in the program.
(4) Where the subsequent activities involve site specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were covered in the program EIR.
(5) A program EIR will be most helpful in dealing with subsequent activities if it deals with the effects of the program as specifically and comprehensively as possible. With a good and detailed analysis of the program, many subsequent activities could be found to be within the scope of the project described in the program EIR, and no further environmental documents would be required.
(d) Use With Subsequent EIRS and Negative Declarations. A program EIR can be used to simplify the task of preparing environmental documents on later parts of the program. The program EIR can:
(1) Provide the basis in an initial study for determining whether the later activity may have any significant effects.
(2) Be incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives, and other factors that apply to the program as a whole.
(3) Focus an EIR on a subsequent project to permit discussion solely of new effects which had not been considered before.
(e) Notice With Later Activities. When a law other than CEQA requires public notice when the agency later proposes to carry out or approve an activity within the program and to rely on the program EIR for CEQA compliance, the notice for the activity shall include a statement that:
(1) This activity is within the scope of the program approved earlier, and
(2) The program EIR adequately describes the activity for the purposes of CEQA.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21003, Public Resources Code; County of Inyo v. Yorty, 32 Cal. App. 3d 795 (1973).
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15169. Master Environmental Assessment.
Note     •     History

(a) General. A public agency may prepare a master environmental assessment, inventory, or data base for all, or a portion of, the territory subject to its control in order to provide information which may be used or referenced in EIRs or negative declarations. Neither the content, the format, nor the procedures to be used to develop a master environmental assessment are prescribed by these guidelines. The descriptions contained in this section are advisory. A master environmental assessment is suggested solely as an approach to identify and organize environmental information for a region or area of the state.
(b) Contents. A master environmental assessment may contain an inventory of the physical and biological characteristics of the area for which it is prepared and may contain such additional data and information as the public agency determines is useful or necessary to describe environmental characteristics of the area. It may include identification of existing levels of quality and supply of air and water, capacities and levels of use of existing services and facilities, and generalized incremental effects of different categories of development projects by type, scale, and location.
(c) Preparation.
(1) A master environmental assessment or inventory may be prepared in many possible ways. For example, a master environmental assessment may be prepared as a special, comprehensive study of the area involved, as part of the EIR on a general plan, or as a data base accumulated by indexing EIRs prepared for individual projects or programs in the area involved.
(2) The information contained in a master environmental assessment should be reviewed periodically and revised as needed so that it is accurate and current.
(3) When advantageous to do so, master environmental assessments may be prepared through a joint exercise of powers agreement with neighboring local agencies or with the assistance of the appropriate Council of Governments.
(d) Uses.
(1) A master environmental assessment can identify the environmental characteristics and constraints of an area. This information can be used to influence the design and location of individual projects.
(2) A master environmental assessment may provide information agencies can use in initial studies to decide whether certain environmental effects are likely to occur and whether certain effects will be significant.
(3) A master environmental assessment can provide a central source of current information for use in preparing individual EIRs and negative declarations.
(4) Relevant portions of a master environmental assessment can be referenced and summarized in EIRs and negative declarations.
(5) A master environmental assessment can assist in identifying long range, areawide, and cumulative impacts of individual projects proposed in the area covered by the assessment.
(6) A master environmental assessment can assist a city or county in formulating a general plan or any element of such a plan by identifying environmental characteristics and constraints that need to be addressed in the general plan.
(7) A master environmental assessment can serve as a reference document to assist public agencies which review other environmental documents dealing with activities in the area covered by the assessment. The public agency preparing the assessment should forward a completed copy to each agency which will review projects in the area.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21003, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15170. Joint EIR-EIS.
Note     •     History

A lead agency under CEQA may work with a federal agency to prepare a joint document which will meet the requirements of both CEQA and NEPA. Use of such a joint document is described in Article 14, beginning with Section 15220.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21083.5 and 21083.7, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 11.5. Master Environmental Impact Report
§15175. Master EIR.
Note     •     History

(a) The Master EIR procedure is an alternative to preparing a project EIR, staged EIR, or program EIR for certain projects which will form the basis for later decision making. It is intended to streamline the later environmental review of projects or approval included within the project, plan or program analyzed in the Master EIR. Accordingly, a Master EIR shall, to the greatest extent feasible, evaluate the cumulative impacts, growth inducing impacts, and irreversible significant effects on the environment of subsequent projects.
(b) A lead agency may prepare a Master EIR for any of the following classes of projects:
(1) A general plan, general plan update, general plan element, general plan amendment, or specific plan.
(2) Public or private projects that will be carried out or approved pursuant to, or in furtherance of, a redevelopment plan.
(3) A project that consists of smaller individual projects which will be carried out in phases.
(4) A rule or regulation which will be implemented by later projects.
(5) Projects that will be carried out or approved pursuant to a development agreement.
(6) A state highway project or mass transit project which will be subject to multiple stages of review or approval.
(7) A plan proposed by a local agency, including a joint powers authority, for the reuse of a federal military base or reservation that has been closed or is proposed for closure by the federal government.
(8) A regional transportation plan or congestion management plan.
(9) Regulations adopted by the California Department of Fish and Game for the regulation of hunting and fishing.
(c) A lead agency may develop and implement a fee program in accordance with applicable provisions of law to generate the revenue necessary to prepare a Master EIR.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21156, 21157 and 21089, Public Resources Code.
HISTORY

1. New article 11.5 (sections 15175-15175.5) and section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15176. Contents of a Master EIR.
Note     •     History

A lead agency shall include in a Master EIR all of the following:
(a) A detailed discussion as required by Section 15126.
(b) A description of anticipated subsequent projects that are within the scope of the Master EIR, including information with regard to the kind, size, intensity, and location of the subsequent projects, including, but not limited to all of the following:
(1) The specific type of project anticipated to be undertaken such as a single family development, office-commercial development, sewer line installation or other activities.
(2) The maximum and minimum intensity of any anticipated subsequent project, such as the number of residences in a residential development, and with regard to a public works facility, its anticipated capacity and service area.
(3) The anticipated location for any subsequent development projects, and, consistent with the rule of reason set forth in Section 15126.6(f), alternative locations for any such projects.
(4) A capital outlay or capital improvement program, or other scheduling or implementing device that governs the submission and approval of subsequent projects, or an explanation as to why practical planning considerations render it impractical to identify any such program or scheduling or other device at the time of preparing the Master EIR.
(c) A description of potential impacts of anticipated projects for which there is not sufficient information reasonably available to support a full assessment of potential impacts in the Master EIR. This description shall not be construed as a limitation on the impacts which may be considered in a focused EIR.
(d) Where a Master EIR is prepared in connection with a project identified in subdivision (b)(1) of section 15175, the anticipated subsequent projects included within a Master EIR may consist of later planning approvals, including parcel-specific approvals, consistent with the overall planning decision (e.g., general plan, or specific plan, or redevelopment plan) for which the Master EIR has been prepared. Such subsequent projects shall be adequately described for purposes of subdivision (b) or of this section (15176) if the Master EIR and any other documents embodying or relating to the overall planning decision identify the land use designations and the permissible densities and intensities of use for the affected parcel(s). The proponents of such subsequent projects shall not be precluded from relying on the Master EIR solely because that document did not specifically identify or list, by name, the subsequent project as ultimately proposed for approval.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21157, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending subsection (b)(3) filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15177. Subsequent Projects Within the Scope of the MEIR.
Note     •     History

(a) After a Master EIR has been prepared and certified, subsequent projects which the lead agency determines as being within the scope of the Master EIR will be subject to only limited environmental review.
(b) Except as provided in subdivision (2) of this subdivision, neither a new environmental document nor the preparation of findings pursuant to section 15091 shall be required of a subsequent project when all of the following requirements are met:
(1) The lead agency for the subsequent project is the lead agency or any responsible agency identified in the Master EIR.
(2) The lead agency for the subsequent project prepares an initial study on the proposal. The initial study shall analyze whether the subsequent project was described in the Master EIR and whether the subsequent project may cause any additional significant effect on the environment which was not previously examined in the Master EIR.
(3) The lead agency for the subsequent project determines, on the basis of written findings, that no additional significant environmental effect will result from the proposal, no new additional mitigation measures or alternatives may be required, and that the project is within the scope of the Master EIR. “Additional significant environmental effect” means any project-specific effect which was not addressed as a significant effect in the Master EIR.
(c) Whether a subsequent project is within the scope of the Master EIR is a question of fact to be determined by the lead agency based upon a review of the initial study to determine whether there are additional significant effects or new additional mitigation measures or alternatives required for the subsequent project that are not already discussed in the Master EIR.
(d) Prior to approval of the proposed subsequent project, the lead agency shall incorporate all feasible mitigation measures or feasible alternatives appropriate to the project as set forth in the Master EIR and provide notice in the manner required by Section 15087.
(e) When the lead agency approves a project pursuant to this section, the lead agency shall file a notice in the manner required by Section 15075.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21157, 21157.6 and 21158, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending subsection (b) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15178. Subsequent Projects Identified in the MEIR.
Note     •     History

(a) When a proposed subsequent project is identified in the Master EIR, but the lead agency cannot make a determination pursuant to Section 15177 that the subsequent project is within the scope of the Master EIR, and the lead agency determines that the cumulative impacts, growth inducing impacts and irreversible significant effects analysis in the Master EIR is adequate for the subsequent project, the lead agency shall prepare a mitigated negative declaration or a focused EIR if, after preparing an initial study, the lead agency determines that the project may result in new or additional significant effects. Whether the cumulative impacts, growth inducing impacts and irreversible significant effects analyses are adequate is a question of fact to be determined by the lead agency based upon a review of the proposed subsequent project in light of the Master EIR.
(b) A lead agency shall prepare a mitigated negative declaration for any proposed subsequent project if both of the following occur:
(1) The initial study prepared pursuant to Section 15177 has identified potentially new or additional significant environmental effects that were not analyzed in the Master EIR; and
(2) Feasible mitigation measures or alternatives will be incorporated to revise the subsequent project before the negative declaration is released for public review pursuant to Section 15073 in order to avoid or mitigate the identified effects to a level of insignificance.
(c) A lead agency shall prepare a focused EIR if the subsequent project may have a significant effect on the environment and a mitigated negative declaration pursuant to subdivision (b) of this section cannot be prepared.
(1) The focused EIR shall incorporate by reference the Master EIR and analyze only the subsequent project's additional significant environmental effects and any new or additional mitigation measures or alternatives that were not identified and analyzed by the Master EIR. “Additional significant environmental effects” are those project-specific effects on the environment which were not addressed as significant in the Master EIR.
(2) A focused EIR need not examine those effects which the lead agency, prior to public release of the focused EIR, finds, on the basis of the initial study, related documents, and commitments from the proponent of a subsequent project, have been mitigated in one of the following manners:
(A) Mitigated or avoided as a result of mitigation measures identified in the Master EIR which the lead agency will require as part of the approval of the subsequent project;
(B) Examined at a sufficient level of detail in the Master EIR to enable those significant effects to be mitigated or avoided by specific revisions to the project, the imposition of conditions of approval, or by other means in connection with approval of the subsequent project; or
(C) The mitigation or avoidance of which is the responsibility of and within the jurisdiction of another public agency and is, or can and should be, undertaken by that agency.
(3) The lead agency's findings pursuant to subdivision (2) shall be included in the focused EIR prior to public release pursuant to Section 15087.
(4) A focused EIR prepared pursuant to this section shall analyze any significant environmental effects when:
(A) Substantial new or additional information shows that the adverse environmental effect may be more significant that was described in the Master EIR; or
(B) Substantial new or additional information shows that mitigation measures or alternatives which were previously determined to be infeasible are feasible and will avoid or reduce the significant effects of the subsequent project to a level of insignificance.
(d) A lead agency shall file a notice of determination shall be filed pursuant to Section 15075 if a project has been approved for which a mitigated negative declaration has been prepared pursuant to this section and a notice of determination shall be filed pursuant to Section 15094 if a project has been approved for which a focused EIR has been prepared pursuant to this section.
(e) When a lead agency determines that the cumulative impacts, growth inducing impacts and irreversible significant effects analysis in the Master EIR is inadequate for the subsequent project, the subsequent project is no longer eligible for the limited environmental review available under the Master EIR process and shall be reviewed according to Article 7 (commencing with Section 15080) of these guidelines. The lead agency shall tier the project specific EIR upon the Master EIR to the extent feasible under Section 15152.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21081(a)(2), 21157.5 and 21158, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15179. Limitations on the Use of the Master EIR.
Note     •     History

(a) The certified Master EIR shall not be used for a subsequent project described in the Master EIR in accordance with this article if either: 
(1) The Master EIR was certified more than five years prior to the filing of an application for a subsequent project except as set forth in subsection (b) below, or
(2) After the certification of the Master EIR, a project not described in the certified Master EIR as an anticipated subsequent project is approved and the approved project may affect the adequacy of the Master EIR for any subsequent project that was described in the Master EIR.
(b) A Master EIR that was certified more than five years prior to the filing of an application for a subsequent project described in the Master EIR may be used in accordance with this article to review such a subsequent project if the lead agency reviews the adequacy of the Master EIR and takes either of the following steps:
(1) Finds that no substantial changes have occurred with respect to the circumstances under which the Master EIR was certified, or that there is no new available information which was not known and could not have been known at the time the Master EIR was certified; or
(2) Prepares an initial study and, pursuant to the findings of the initial study, does either (A) or (B) below:
(A) certifies subsequent or supplemental EIR that updates or revises the Master EIR and which either:
1. is incorporated into the previously certified Master EIR, 
2. references any deletions, additions or other modifications to the previously certified Master EIR;
(B) approves a mitigated negative declaration that addresses substantial changes that have occurred with respect to the circumstances under which the Master EIR was certified or the new information that was not known and could not have been known at the time the Master EIR was certified.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21157.6, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
3. Amendment filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15179.5. Focused EIRs and Small Projects.
Note     •     History

(a) When a project is a multiple family residential development of 100 units or less or is a residential and commercial or retail mixed-use commercial development of not more then 100,000 square feet, whether or not the project is identified in the Master EIR, a focused EIR shall be prepared pursuant to this section when the following conditions are met:
(1) The project is consistent with a general plan, specific plan, community plan, or zoning ordinance for which an EIR was prepared within five years of certification of the focused EIR; and
(2) The parcel on which the project is to be developed is either:
(A) Surrounded by immediately contiguous urban development;
(B) Previously developed with urban uses; or
(C) Within one-half mile of an existing rail transit station.
(b) A focused environmental impact report prepared pursuant to this section shall be limited to a discussion of potentially significant effects on the environment specific to the project, or which substantial new information shows will be more significant than described in the prior environmental impact report. No discussion shall be required of alternatives to the project, cumulative impacts of the project, or the growth inducing impacts of the project.
(c) This section does not apply where the lead agency can make a finding pursuant to Section 15177 that the subsequent project is within the scope of the Master EIR, where the lead agency can prepare a mitigated negative declaration or focused EIR pursuant to Section 15178, or where, pursuant to Section 15162 or Section 15163, the environmental impact report referenced in subdivision (a)(1) of this section must be updated through the preparation of a subsequent environmental impact report or a supplemental environmental impact report.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21158.5, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 12. Special Situations
§15180. Redevelopment Projects.
Note     •     History

(a) An EIR for a redevelopment plan may be a Master EIR, a program EIR, or a project EIR. An EIR for a redevelopment plan must specify whether it is a Master EIR, a program EIR, or a project EIR.
(b) If the EIR for a redevelopment plan is a project EIR, all public and private activities or undertakings pursuant to or in furtherance of the redevelopment plan shall constitute a single project, which shall be deemed approved at the time of adoption of the redevelopment plan by the legislative body. The EIR in connection with the redevelopment plan shall be submitted in accordance with Section 33352 of the Health and Safety Code. 
If a project EIR has been certified for the redevelopment plan, no subsequent EIRs are required for individual components of the redevelopment plan unless a subsequent EIR or a supplement to an EIR would be required by Section 15162 or 15163.
(c) If the EIR for a redevelopment plan is a Master EIR, subsequent projects which the lead agency determines as being within the scope of the Master EIR will be subject to the review required by Section 15177. If the EIR for a redevelopment plan is a program EIR, subsequent activities in the program will be subject to the review required by Section 15168.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21090 and 21166, Public Resources Code.
HISTORY

1. New Article 12 (Sections 15190-15192) filed 1-6-76 as an emergency; effective upon filing (Register 76, No. 2).
2. Certificate of Compliance filed 4-2-76 (Register 76, No. 14).
3. Repealer of Article 12 (Sections 15190-15193) and new Article 12 (Sections 15180-15185) filed 7-13-83; effective 8-1-83 (Register 83, No. 29). For prior history, see Registers 82, No. 2; 81, Nos. 30 and 45; 80, No. 15; 79, Nos. 18, 23 and 30; and 78, No. 33.
4. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
5. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
6. Amendment of section and Note filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15181. Housing and Neighborhood Commercial Facilities in Urbanized Areas.
Note     •     History

NOTE

Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Section 21080.7, Public Resources Code.
HISTORY

1. Change without regulatory effect repealing section filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15182. Residential Projects Pursuant to a Specific Plan.
Note     •     History

(a) Exemption. Where a public agency has prepared an EIR on a specific plan after January 1, 1980, no EIR or negative declaration need be prepared for a residential project undertaken pursuant to and in conformity to that specific plan if the project meets the requirements of this section.
(b) Scope. Residential projects covered by this section include but are not limited to land subdivisions, zoning changes, and residential planned unit developments.
(c) Limitation. This section is subject to the limitation that if after the adoption of the specific plan, an event described in Section 15162 should occur, this exemption shall not apply until the city or county which adopted the specific plan completes a subsequent EIR or a supplement to an EIR on the specific plan. The exemption provided by this section shall again be available to residential projects after the lead agency has filed a Notice of Determination on the specific plan as reconsidered by the subsequent EIR or supplement to the EIR.
(d) Fees. The lead agency has authority to charge fees to applicants for projects which benefit from this section. The fees shall be calculated in the aggregate to defray but not to exceed the cost of developing and adopting the specific plan including the cost of preparing the EIR.
(e) Statute of Limitations. A court action challenging the approval of a project under this section for failure to prepare a supplemental EIR shall be commenced within 30 days after the lead agency's decision to carry out or approve the project in accordance with the specific plan.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 65453, Government Code.
HISTORY

1. Change without regulatory effect repealing subsection (d), relettering subsections and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15183. Projects Consistent with a Community Plan, General Plan, or Zoning.
Note     •     History

(a) CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies.
(b) In approving a project meeting the requirements of this section, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:
(1) Are peculiar to the project or the parcel on which the project would be located,
(2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan or community plan with which the project is consistent,
(3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or
(4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.
(c) If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdivision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact.
(d) This section shall apply only to projects which meet the following conditions:
(1) The project is consistent with:
(A) A community plan adopted as part of a general plan,
(B) A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or
(C) A general plan of a local agency, and
(2) An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan.
(e) This section shall limit the analysis of only those significant environmental effects for which:
(1) Each public agency with authority to mitigate any of the significant effects on the environment identified in the EIR on the planning or zoning action undertakes or requires others to undertake mitigation measures specified in the EIR which the lead agency found to be feasible, and
(2) The lead agency makes a finding at a public hearing as to whether the feasible mitigation measures will be undertaken.
(f) An effect of a project on the environment shall not be considered peculiar to the project or the parcel for the purposes of this section if uniformly applied development policies or standards have been previously adopted by the city or county with a finding that the development policies or standards will substantially mitigate that environmental effect when applied to future projects, unless substantial new information shows that the policies or standards will not substantially mitigate the environmental effect. The finding shall be based on substantial evidence which need not include an EIR. Such development policies or standards need not apply throughout the entire city or county, but can apply only within the zoning district in which the project is located, or within the area subject to the community plan on which the lead agency is relying. Moreover, such policies or standards need not be part of the general plan or any community plan, but can be found within another pertinent planning document such as a zoning ordinance. Where a city or county, in previously adopting uniformly applied development policies or standards for imposition on future projects, failed to make a finding as to whether such policies or standards would substantially mitigate the effects of future projects, the decisionmaking body of the city or county, prior to approving such a future project pursuant to this section, may hold a public hearing for the purpose of considering whether, as applied to the project, such standards or policies would substantially mitigate the effects of the project. Such a public hearing need only be held if the city or county decides to apply the standards or policies as permitted in this section.
(g) Examples of uniformly applied development policies or standards include, but are not limited to:
(1) Parking ordinances,
(2) Public access requirements,
(3) Grading ordinances.
(4) Hillside development ordinances.
(5) Flood plain ordinances.
(6) Habitat protection or conservation ordinances.
(7) View protection ordinances.
(8) Requirements for reducing greenhouse gas emissions, as set forth in adopted land use plans, policies, or regulations. 
(h) An environmental effect shall not be considered peculiar to the project or parcel solely because no uniformly applied development policy or standard is applicable to it.
(i) Where the prior EIR relied upon by the lead agency was prepared for a general plan or community plan that meets the requirements of this section, any rezoning action consistent with the general plan or community plan shall be treated as a project subject to this section.
(1) “Community plan” is defined as a part of the general plan of a city or county which applies to a defined geographic portion of the total area included in the general plan, includes or references each of the mandatory elements specified in Section 65302 of the Government Code, and contains specific development policies and implementation measures which will apply those policies to each involved parcel.
(2) For purposes of this section, “consistent” means that the density of the proposed project is the same or less than the standard expressed for the involved parcel in the general plan, community plan or zoning action for which an EIR has been certified, and that the project complies with the density-related standards contained in that plan or zoning. Where the zoning ordinance refers to the general plan or community plan for its density standard, the project shall be consistent with the applicable plan.
(j) This section does not affect any requirement to analyze potentially significant offsite or cumulative impacts if those impacts were not adequately discussed in the prior EIR. If a significant offsite or cumulative impact was adequately discussed in the prior EIR, then this section may be used as a basis for excluding further analysis of that offsite or cumulative impact.
NOTE

Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Sections 21083.05 and 21083.3, Public Resources Code.
HISTORY

1. Amendment of section heading and subsections (a)(2) and (b) filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of section heading and section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
4. New subsection (g)(8) and amendment of Note filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).
§15183.5. Tiering and Streamlining the Analysis of Greenhouse Gas Emissions.
Note     •     History

(a) Lead agencies may analyze and mitigate the significant effects of greenhouse gas emissions at a programmatic level, such as in a general plan, a long range development plan, or a separate plan to reduce greenhouse gas emissions. Later project-specific environmental documents may tier from and/or incorporate by reference that existing programmatic review. Project-specific environmental documents may rely on an EIR containing a programmatic analysis of greenhouse gas emissions as provided in section 15152 (tiering), 15167 (staged EIRs) 15168 (program EIRs), 15175-15179.5 (Master EIRs), 15182 (EIRs Prepared for Specific Plans), and 15183 (EIRs Prepared for General Plans, Community Plans, or Zoning).
(b) Plans for the Reduction of Greenhouse Gas Emissions. Public agencies may choose to analyze and mitigate significant greenhouse gas emissions in a plan for the reduction of greenhouse gas emissions or similar document. A plan to reduce greenhouse gas emissions may be used in a cumulative impacts analysis as set forth below. Pursuant to sections 15064(h)(3) and 15130(d), a lead agency may determine that a project's incremental contribution to a cumulative effect is not cumulatively considerable if the project complies with the requirements in a previously adopted plan or mitigation program under specified circumstances.
(1) Plan Elements. A plan for the reduction of greenhouse gas emissions should:
(A) Quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; 
(B) Establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable; 
(C) Identify and analyze the greenhouse gas emissions resulting from specific actions or categories of actions anticipated within the geographic area;
(D) Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level; 
(E) Establish a mechanism to monitor the plan's progress toward achieving the level and to require amendment if the plan is not achieving specified levels;
(F) Be adopted in a public process following environmental review.
(2) Use with Later Activities. A plan for the reduction of greenhouse gas emissions, once adopted following certification of an EIR or adoption of an environmental document, may be used in the cumulative impacts analysis of later projects. An environmental document that relies on a greenhouse gas reduction plan for a cumulative impacts analysis must identify those requirements specified in the plan that apply to the project, and, if those requirements are not otherwise binding and enforceable, incorporate those requirements as mitigation measures applicable to the project. If there is substantial evidence that the effects of a particular project may be cumulatively considerable notwithstanding the project's compliance with the specified requirements in the plan for the reduction of greenhouse gas emissions, an EIR must be prepared for the project.
(c) Special Situations. As provided in Public Resources Code sections 21155.2 and 21159.28, environmental documents for certain residential and mixed use projects, and transit priority projects, as defined in section 21155, that are consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in an applicable sustainable communities strategy or alternative planning strategy need not analyze global warming impacts resulting from cars and light duty trucks. A lead agency should consider whether such projects may result in greenhouse gas emissions resulting from other sources, however, consistent with these Guidelines.
NOTE

Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Section 65457, Government Code; Sections 21003, 21061, 21068.5, 21081(a)(2), 21081.6, 21083.05, 21083.3, 21093, 21094, 21100, 21151, 21155, 21155.2, 21156, 21157, 21157.1, 21157.5, 21157.6, 21158, 21158.5 and 21159.28, Public Resources Code; California Native Plant Society v. County of El Dorado (2009) 170 Cal.App.4th 1026; and Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th 1099. 
HISTORY

1. New section filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).
§15184. State Mandated Local Projects.
Note     •     History

Whenever a state agency issues an order which requires a local agency to carry out a project subject to CEQA, the following rules apply:
(a) If an EIR is prepared for the project, the local agency shall limit the EIR to considering those factors and alternatives which will not conflict with the order.
(b) If a local agency undertakes a project to implement a rule or regulation imposed by a certified state environmental regulatory program listed in Section 15251, the project shall be exempt from CEQA with regard to the significant effects analyzed in the document prepared by the state agency as a substitute for an EIR. The local agency shall comply with CEQA with regard to any site-specific effect of the project which was not analyzed by the certified state agency as a significant effect on the environment. The local agency need not re-examine the general environmental effects of the state rule or regulation.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080, 21080.5 and 21154, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15185. Administrative Appeals.
Note     •     History

(a) Where an agency allows administrative appeals upon the adequacy of an environmental document, an appeal shall be handled according to the procedures of that agency. Public notice shall be handled in accordance with individual agency requirements and Section 15202(e).
(b) The decisionmaking body to which an appeal has been made shall consider the environmental document and make findings under Sections 15091 and 15093 if appropriate.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21082 and 21083, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15186. School Facilities.
Note     •     History

(a) CEQA establishes a special requirement for certain school projects, as well as certain projects near schools, to ensure that potential health impacts resulting from exposure to hazardous materials,wastes, and substances will be carefully examined and disclosed in a negative declaration or EIR, and that the lead agency will consult with other agencies in this regard.
(b) Before certifying an EIR or adopting a negative declaration for a project located within one-fourth mile of a school involves the construction or alteration of a facility that might reasonably be anticipated to emit hazardous air emissions, or that would handle an extremely hazardous substance or a mixture containing extremely hazardous substances in a quantity equal to or greater than the state threshold quantity specified in subdivision (j) of Section 25532 of the Health and Safety Code, that may impose a health or safety hazard to persons who would attend or would be employed at the school, the lead agency must do both of  the following:
(1) Consult with the affected school district or districts regarding the potential impact of the project on the school; and
(2) Notify the affected school district or districts of the project, in writing, not less than 30 days prior to approval or certification of the negative declaration or EIR.
(c) When the project involves the purchase of a school site or the construction of a secondary or elementary school by a school district, the negative declaration or EIR prepared for the project shall not be adopted or certified unless:
(1) The negative declaration, mitigated negative declaration, or EIR contains sufficient information to determine whether the property is:
(A) The site of a current or former hazardous waste or solid waste disposal facility and, if so, whether wastes have been removed.
(B) A hazardous substance release site identified by the Department of Toxic Substances Control in a current list adopted pursuant to Section 25356 of the Health and Safety Code for removal or remedial action pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code.
(C) The site of one or more buried or above ground pipelines which carry hazardous substances, acutely hazardous materials, or hazardous wastes, as defined in Division 20 of the Health and Safety Code. This does not include a natural gas pipeline used only to supply the school or neighborhood.
(D) Within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor.
(2) The lead agency has notified in writing and consulted with the county or city administering agency (as designated pursuant to Section 25502 of the Health and Safety Code) and with any air pollution control district or air quality management district having jurisdiction, to identify facilities within one-fourth mile of the proposed school site which might reasonably be anticipated to emit hazardous emissions or handle hazardous or acutely hazardous material, substances, or waste. The notice shall include a list of the school sites for which information is sought. Each agency or district receiving notice shall provide the requested information and provide a written response to the lead agency within 30 days of receiving the notification. If any such agency or district fails to respond within that time, the negative declaration or EIR shall be conclusively presumed to comply with this section as to the area of responsibility of that agency.
(3) The school district makes, on the basis of substantial evidence, one of the following written findings:
(A) Consultation identified none of the facilities specified in paragraph (2).
(B) The facilities specified in paragraph (2) exist, but one of the following conditions applies:
1. The health risks from the facilities do not and will not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the proposed school.
2. Corrective measures required under an existing order by another  agency having jurisdiction over the facilities will, before the school is occupied, mitigate all chronic or accidental hazardous air emissions to levels that do not constitute any actual or potential public health danger to persons who would attend or be employed at the proposed school. When the school district board makes such a finding, it shall also make a subsequent finding, prior to occupancy of the school, that the emissions have been so mitigated.
3. For a school site with boundary that is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor, the school district determines, through a health risk assessment pursuant to subdivision (b)(2) of Section 44360 of the Health and Safety Code, based on appropriate air dispersion modeling, and after considering any potential mitigation measures, that the air quality at the proposed site is such that neither short-term nor long-term exposure poses significant health risks to pupils.
(C) The facilities or other pollution sources specified in subsection (c)(2) exist, but conditions in subdivisions (c)(3)(B)(1), (2) or (3) cannot be met, and the school district is unable to locate an alternative site that is suitable due to a severe shortage of sites that meet the requirements in subdivision (a) of Section 17213 of the Education Code. If the school district makes this finding, the school board shall prepare an EIR and adopt a statement of overriding considerations.
This finding shall be in addition to any findings which may be required pursuant to Sections 15074, 15091 or 15093.
(d) When the lead agency has carried out the consultation required by paragraph (2) of subdivision (b), the negative declaration or EIR shall be conclusively presumed to comply with this section, notwithstanding any failure of the consultation to identify an existing facility.
(e) The following definitions shall apply for the purposes of this section:
(1) “Acutely hazardous material,” is as defined in 22 C.C.R. §66260.10.
(2) “Administering agency,” is as defined in Section 25501 of the Health and Safety Code.
(3) “Extremely hazardous substance,” is as defined in subdivision (g)(2)(B) of Section 25532 of the Health and Safety Code and listed in Section 2770.5, Table 3, of Title 19 of the California Code of Regulations.
(4) “Facilities” means any source with a potential to use, generate, emit or discharge hazardous air pollutants, including, but not limited to, pollutants that meet the definition of a hazardous substance, and whose process or operation is identified as an emission source pursuant to the most recent list of source categories published by the California Air Resources Board.
(5) “Freeway or other busy traffic corridors” means those roadways that, on an average day, have traffic in excess of 50,000 vehicles in a rural area, as defined in Section 50101 of the Health and Safety Code, and 100,000 vehicles in an urban area, as defined in Section 50104.7 of the Health and Safety Code. 
(6) “Handle” means to use, generate, process, produce, package, treat, store, emit, discharge, or dispose of a hazardous material in any fashion.
(7) “Hazardous air emissions,” is as defined in subdivisions (a) to (f), inclusive, of Section 44321 of the Health and Safety Code.
(8) “Hazardous substance,” is as defined in Section 25316 of the Health and Safety Code.
(9) “Hazardous waste,” is as defined in Section 25117 of the Health and Safety Code.
(10) “Hazardous waste disposal site,” is as defined in Section 25114 of the Health and Safety Code.
NOTE

Authority cited: Section 21083, Public Resources Code. References: Sections 21151.4 and 21151.8, Public Resources Code.
HISTORY

1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
3. Amendment filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15187. Environmental Review of New Rules and Regulations.
Note     •     History

(a) At the time of the adoption of a rule or regulation requiring the installation of pollution control equipment, establishing a performance standard, or establishing a treatment requirement, the California Air Resources Board, Department of Toxic Substances Control, Integrated Waste Management Board, State Water Resources Control Board, all regional water quality control boards, and all air pollution control districts and air quality management districts, as defined in Section 39025 of the Health and Safety Code, must perform an environmental analysis of the reasonably foreseeable methods by which compliance with that rule or regulation will be achieved.
(b) If an EIR is prepared by the agency at the time of adoption of a rule or regulation, it satisfies the requirements of this section provided that the document contains the information specified in subdivision (c) below. Similarly, for those State agencies whose regulatory programs have been certified by the Resources Agency pursuant to Section 21080.5 of the Public Resources Code, an environmental document prepared pursuant to such programs satisfies the requirements of this section, provided that the document contains the information specified in subdivision (c) below. 
(c) The environmental analysis shall include at least the following: 
(1) An analysis of reasonably foreseeable environmental impacts of the methods of compliance; 
(2) An analysis of reasonably foreseeable feasible mitigation measures relating to those impacts; and 
(3) An analysis of reasonably foreseeable alternative means of compliance with the rule or regulation, which would avoid or eliminate the identified impacts.
(d) The environmental analysis shall take into account a reasonable range of environmental, economic, and technical factors, population and geographic areas, and specific sites. The agency may utilize numerical ranges and averages where specific data is not available, but is not required to, nor should it, engage in speculation or conjecture.
(e) Nothing in this section shall require the agency to conduct a project level analysis.
(f) Nothing in this section is intended, or may be used, to delay the adoption of any rule or regulation for which this section requires an environmental analysis.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21159 and 21159.4, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15188. Focused EIR for Pollution Control Equipment.
Note     •     History

This section applies to projects consisting solely of the installation of pollution control equipment and other components necessary to the installation of that equipment which are undertaken for the purpose of complying with a rule or regulation which was the subject of an environmental analysis as described in Section 15187. 
(a) The lead agency for the compliance project may prepare a focused EIR to analyze the effects of that project when the following occur:
(1) the agency which promulgated the rule or regulation certified an EIR on that rule or regulation, or reviewed it pursuant to an environmental analysis prepared under a certified regulatory program and, in either case, the review included an assessment of growth inducing impacts and cumulative impacts of, and alternatives to, the project;
(2) the focused EIR for the compliance project is certified within five years of the certified EIR or environmental analysis required by subdivision (a)(1); and
(3) the EIR prepared in connection with the adoption of the rule or regulation need not be updated through the preparation of a subsequent EIR or supplemental EIR pursuant to section 15162 or section 15163.
(b) The discussion of significant environmental effects in the focused EIR shall be limited to project-specific, potentially significant effects which were not discussed in the environmental analysis required under Section 15187. No discussion of growth-inducing or cumulative impacts is required. Discussion of alternatives shall be limited to alternative means of compliance, if any, with the rule or regulation.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21159.1, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15189. Compliance with Performance Standard or Treatment Requirement Rule or Regulation.
Note     •     History

This section applies to projects consisting solely of compliance with a performance standard or treatment requirement which was the subject of an environmental analysis as described in Section 15187.
(a) If preparing a negative declaration, mitigated negative declaration or EIR on the compliance project the lead agency for the compliance project shall, to the greatest extent feasible, use the environmental analysis prepared pursuant to Section 15187. The use of numerical averages or ranges in the environmental analysis prepared under Section 15187 does not relieve the lead agency on the compliance project from its obligation to identify and evaluate the environmental effects of the project.
(b) Where the lead agency determines that an EIR is required for the compliance project, the EIR need address only the project-specific issues or other issues that were not discussed in sufficient detail in the environmental analysis prepared under Section 15187. The mitigation measures imposed by the lead agency shall be limited to addressing the significant effects on the environment of the compliance project. The discussion of alternatives shall be limited to a discussion of alternative means of compliance, if any, with the rule or regulation.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21159.2, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15190. Deadlines for Compliance with Sections 15188 and 15189.
Note     •     History

(a) The lead agency for a compliance project under either Section 15188 or Section 15189 shall determine whether an EIR or negative declaration should be prepared within 30 days of its determination that the application for the project is complete.
(b) Where the EIR will be prepared under contract to the lead agency for the compliance project, the agency shall issue a request for proposal for preparation of the EIR not later than 30 days after the deadline for response to the notice of preparation has expired. The contract shall be awarded within 30 days of the response date on the request for proposals.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21159.3, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15190.5. Department of Defense Notification Requirement.
Note     •     History

(a) For purposes of this section, the following definitions are applicable.
(1) “Low-level flight path” means any flight path for any aircraft owned, maintained, or that is under the jurisdiction of the United States Department of Defense that flies lower than 1,500 feet above ground level, as indicated in the United States Department of Defense Flight Information Publication, “Area Planning Military Training Routes: North and South America (AP/1B)” published by the United States National Imagery and Mapping Agency, or its successor, as of the date the military service gives written notification to a lead agency pursuant to subdivision (b).
(2) “Military impact zone” means any area, including airspace, that meets both of the following criteria:
(A) Is within two miles of a military installation, including, but not limited to, any base, military airport, camp, post, station, yard, center, homeport facility for a ship, or any other military activity center that is under the jurisdiction of the United States Department of Defense; and
(B) Covers greater than 500 acres of unincorporated land, or greater than 100 acres of city incorporated land.
(3) “Military service” means the United States Department of Defense or any branch of the United States Armed Forces.
(4) “Special use airspace” means the land area underlying the airspace that is designated for training, research, development, or evaluation for a military service, as that land area is established by the United States Department of Defense Flight Information Publication, “Area Planning: Special Use Airspace: North and South America (AP/1A)” published by the United States National Imagery and Mapping Agency, or its successor, as of the date the military service gives written notification to a lead agency pursuant to subdivision (b).
(b) A military service may give written notification to a lead agency of the specific boundaries of a low-level flight path, military impact zone, or special use airspace, and provide the lead agency, in writing, the military contact office and address for the military service. If the notice references the specific boundaries of a low-level flight path, such notification must include a copy of the applicable United States Department of Defense Flight Information Publication, “Area Planning Military Training Routes: North and South America (AP/1B).” If the notice references the specific boundaries of a special use airspace, such notification must include a copy of the applicable United States Department of Defense Flight Information Publication, “Area Planning: Special Use Airspace: North and South America (AP/1A).” 
(c) If a military service provides the written notification specified in subdivision (b) of this section, a lead agency must include the specified military contact office in the list of organizations and individuals receiving a notice of intent to adopt a negative declaration or a mitigated negative declaration pursuant to Section 15072, in the list of organizations and individuals receiving a notice of preparation of an EIR pursuant to Section 15082, and in the list of organizations and individuals receiving a notice of availability of a draft EIR pursuant to Section 15087 for any project that meets all of the criteria specified below: 
(1) The project to be carried out or approved by the lead agency is within the boundaries specified in subdivision (b).
(2) The project is one of the following:
(A) a project that includes a general plan amendment; or
(B) a project that is of statewide, regional, or areawide significance; or
(C) a project that relates to a public use airport and the area surrounding such airport which is required to be referred to the airport land use commission, or appropriately designated body, pursuant to Sections 21670-21679.5 of the Public Utilities Code.
(3) The project is not one of the actions described below. A lead agency does not need to send to the specified military contact office a notice of intent to adopt a negative declaration or a mitigated negative declaration, a notice of preparation of an EIR, or a notice of availability of a draft EIR for such actions.
(A) a response action taken pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code.
(B) a response action taken pursuant to Chapter 6.85 (commencing with Section 25396) of Division 20 of the Health and Safety Code.
(C) a project undertaken at a site in response to a corrective action order issued pursuant to Section 25187 of the Health and Safety Code.
The lead agency shall send the specified military contact office a notice of intent or a notice of availability sufficiently prior to adoption or certification of the environmental documents by the lead agency to allow the military service the review period provided under Section 15105.
(d) The effect or potential effect that a project may have on military activities does not itself constitute an adverse effect on the environment for the purposes of CEQA.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21098, Public Resources Code.
HISTORY

1. New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
Article 12.5. Exemptions for Agricultural Housing, Affordable Housing, and Residential Infill Projects
§15191. Definitions.
Note     •     History

For purposes of this Article 12.5 only, the following words shall have the following meanings:
(a) “Agricultural employee” means a person engaged in agriculture, including: farming in all its branches, and, among other things, includes: (1) the cultivation and tillage of the soil, (2) dairying, (3) the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in Section 1141j(g) of Title 12 of the United States Code), (4) the raising of livestock, bees, furbearing animals, or poultry, and (5) any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market. This definition is subject to the following limitations:
This definition shall not be construed to include any person other than those employees excluded from the coverage of the National Labor Relations Act, as amended, as agricultural employees, pursuant to Section 2(3) of the Labor Management Relations Act (Section 152(3), Title 29, United States Code), and Section 3(f) of the Fair Labor Standards Act (Section 203(f), Title 29, United States Code).
This definition shall not apply, or be construed to apply, to any employee who performs work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work (as these terms have been construed under Section 8(e) of the Labor Management Relations Act, 29 U.S.C. Sec. 158(e)) or logging or timber-clearing operations in initial preparation of land for farming, or who does land leveling or only land surveying for any of the above. As used in this definition, “land leveling” shall include only major land moving operations changing the contour of the land, but shall not include annual or seasonal tillage or preparation of land for cultivation.
(b) “Census-defined place” means a specific unincorporated land area within boundaries determined by the United States Census Bureau in the most recent decennial census.
(c) “Community-level environmental review” means either of the following:
(1) An EIR certified on any of the following:
(A) A general plan.
(B) A revision or update to the general plan that includes at least the land use and circulation elements.
(C) An applicable community plan.
(D) An applicable specific plan.
(E) A housing element of the general plan, if the environmental impact report analyzed the environmental effects of the density of the proposed project.
(2) A negative declaration or mitigated negative declaration adopted as a subsequent environmental review document, following and based upon an EIR on a general plan, an applicable community plan, or an applicable specific plan, provided that the subsequent environmental review document is allowed by CEQA following a master EIR or a program EIR, or is required pursuant to Section 21166.
(d) “Developed open space” means land that meets all of the following criteria:
(1) land that is publicly owned, or financed in whole or in part by public funds, 
(2) is generally open to, and available for use by, the public, and 
(3) is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ball fields, enclosed child play areas, and picnic facilities.
Developed open space may include land that has been designated for acquisition by a public agency for developed open space but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes.
(e) “Infill site” means a site in an urbanized area that meets one of the following criteria:
(1) The site has been previously developed for qualified urban uses; or
(2) The site has not been developed for qualified urban uses but all immediately adjacent parcels are developed with existing qualified urban uses; or
(3) The site has not been developed for qualified urban uses, no parcel within the site has been created within the past 10 years, and the site is situated so that:
(A) at least 75 percent of the perimeter of the site is adjacent to parcels that are developed with existing qualified urban uses at the time the lead agency receives an application for an approval; and
(B) the remaining 25 percent of the perimeter of the site adjoins parcels that had been previously developed for qualified urban uses.
(f) “Low- and moderate-income households” means “persons and families of low or moderate income” as defined in Section 50093 of the Health and Safety Code to mean persons and families whose income does not exceed 120 percent of area median income, adjusted for family size by the Department of Housing and Community Development, in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. 
(g) “Low-income households” means households of persons and families of very low and low income, which are defined in Sections 50093 and 50105 of the Health and Safety Code as follows:
(1) “Persons and families of low income” or “persons of low income” is defined in Section 50093 of the Health & Safety Code to mean persons or families who are eligible for financial assistance specifically provided by a governmental agency for the benefit of occupants of housing financed pursuant to this division.
(2) “Very low income households” is defined in Section 50105 of the Health & Safety Code to mean persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. “Very low income households” includes extremely low income households, as defined in Section 50106 of the Health & Safety Code.
(h) “Lower income households” is defined in Section 50079.5 of the Health and Safety Code to mean any of the following:
(1) “Lower income households,” which means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937.
(2) “Very low income households,” which means persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937.
(3) “Extremely low income households,” which means persons and families whose incomes do not exceed the qualifying limits for extremely low income families as established and amended from time to time by the Secretary of Housing and Urban Development and defined in Section 5.603(b) of Title 24 of the Code of Federal Regulations.
(i) “Major transit stop” means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
(j) “Project-specific effect” means all the direct or indirect environmental effects of a project other than cumulative effects and growth-inducing effects.
(k) “Qualified urban use” means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(l) “Residential” means a use consisting of either of the following:
(1) Residential units only.
(2) Residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 15 percent of the total floor area of the project.
(m) “Urbanized area” means either of the following:
(1) An incorporated city that either by itself or in combination with two contiguous incorporated cities has a population of at least 100,000 persons; or
(2) An unincorporated area that meets the requirements set forth in subdivision (m)(2)(A) and subdivision (m)(2)(B) below.
(A) The unincorporated area must meet one of the following location or density requirements:
1. The unincorporated area must be: (i) completely surrounded by one or more incorporated cities, (ii) have a population of at least 100,000 persons either by itself or in combination with the surrounding incorporated city or cities, and (iii) have a population density that at least equals the population density of the surrounding city or cities; or 
2. The unincorporated area must be located within an urban growth boundary and have an existing residential population of at least 5,000 persons per square mile. For purposes of this subparagraph, an “urban growth boundary” means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side.
(B) The board of supervisors with jurisdiction over the unincorporated area must have taken the following steps:
1. The board has prepared a draft document by which the board would find that the general plan, zoning ordinance, and related policies and programs applicable to the unincorporated area are consistent with principles that: (i) encourage compact development in a manner that promotes efficient transportation systems, economic growth, affordable housing, energy efficiency, and an appropriate balance of jobs and housing, and (ii) protects the environment, open space, and agricultural areas.
2. The board has submitted the draft document to OPR and allowed OPR thirty days to submit comments on the draft findings to the board.
3. No earlier than thirty days after submitting the draft document to OPR, the board has adopted a final finding in substantial conformity with the draft finding described in the draft document referenced in subdivision (m)(2)(B)(1) above.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21159.20, 21159.21, 21159.22, 21159.23 and 21159.24, Public Resources Code.
HISTORY

1. New article 12.5 (sections 15191-15196) and section filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15192. Threshold Requirements for Exemptions for Agricultural Housing, Affordable Housing, and Residential Infill Projects.
Note     •     History

In order to qualify for an exemption set forth in sections 15193, 15194 or 15195, a housing project must meet all of the threshold criteria set forth below.
(a) The project must be consistent with:
(1) Any applicable general plan, specific plan, or local coastal program, including any mitigation measures required by such plan or program, as that plan or program existed on the date that the application for the project pursuant to Section 65943 of the Government Code was deemed complete; and
(2) Any applicable zoning ordinance, as that zoning ordinance existed on the date that the application for the project pursuant to Section 65943 of the Government Code was deemed complete, unless the zoning of  project property is inconsistent with the general plan because the project property has not been rezoned to conform to the general plan.
(b) Community-level environmental review has been adopted or certified.
(c) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees.
(d) The site of the project:
(1) Does not contain wetlands, as defined in Section 328.3 of Title 33 of the Code of Federal Regulations.
(2) Does not have any value as an ecological community upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection.
(3) Does not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or by the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code.
(4) Does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete.
(e) The site of the project is not included on any list of facilities and sites compiled pursuant to Section 65962.5 of the Government Code.
(f) The site of the project is subject to a preliminary endangerment assessment prepared by a registered environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. In addition, the following steps have been taken in response to the results of this assessment:
(1) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements.
(2) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements.
(g) The project does not have a significant effect on historical resources pursuant to Section 21084.1 of the Public Resources Code.
(h) The project site is not subject to wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard.
(i) The project site does not have an unusually high risk of fire or explosion from materials stored or used on nearby properties.
(j) The project site does not present a risk of a public health exposure at a level that would exceed the standards established by any state or federal agency.
(k) Either the project site is not within a delineated earthquake fault zone or a seismic hazard zone, as determined pursuant to Section 2622 and 2696 of the Public Resources Code respectively, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake or seismic hazard.
(l) Either the project site does not present a landslide hazard, flood plain, flood way, or restriction zone, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood.
(m) The project site is not located on developed open space.
(n) The project site is not located within the boundaries of a state conservancy.
(o) The project has not been divided into smaller projects to qualify for one or more of the exemptions set forth in sections 15193 to 15195.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21159.21 and 21159.27, Public Resources Code.
HISTORY

1. New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15193. Agricultural Housing Exemption.
Note     •     History

CEQA does not apply to any development project that meets the following criteria.
(a) The project meets the threshold criteria set forth in section 15192.
(b) The project site meets the following size criteria:
(1) The project site is located in an area with a population density of at least 1,000 persons per square mile and is two acres or less in area; or
(2) The project site is located in an area with a population density of less than 1,000 persons per square mile and is five acres or less in area.
(c) The project meets the following requirements regarding location and number of units.
(1) If the proposed development project is located on a project site within city limits or in a census-defined place, it must meet the following requirements:
(A) The proposed project location must be within one of the following:
1. Incorporated city limits; or 
2. A census defined place with a minimum population density of at least 5,000 persons per square mile; or 
3. A census-defined place with a minimum population density of at least 1,000 persons per square mile, unless a public agency that is carrying out or approving the project determines that there is a reasonable possibility that the project, if completed, would have a significant effect on the environment due to unusual circumstances or that the cumulative impacts of successive projects of the same type in the same area, over time, would be significant.
(B) The proposed development project must be located on a project site that is adjacent, on at least two sides, to land that has been developed.
(C) The proposed development project must meet either of the following requirements:
1. Consist of not more than 45 units, or
2. Consist of housing for a total of 45 or fewer agricultural employees if the housing consists of dormitories, barracks, or other group living facilities.
(2) If the proposed development project is located on a project site zoned for general agricultural use, it must meet either of the following requirements:
(A) Consist of not more than 20 units, or
(B) Consist of housing for a total of 20 or fewer agricultural employees if the housing consists of dormitories, barracks, or other group living facilities.
(d) The project meets the following requirements regarding provision of housing for agricultural employees:
(1) The project must consist of the construction, conversion, or use of residential housing for agricultural employees.
(2) If the project lacks public financial assistance, then:
(A) The project must be affordable to lower income households; and
(B) The developer of the development project must provide sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for lower income households for a period of at least 15 years.
(3) If public financial assistance exists for the project, then:
(A) The project must be housing for very low, low-, or moderate-income households; and
(B) The developer of the development project must provide sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for low- and moderate-income households for a period of at least 15 years.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21159.22, Public Resources Code.
HISTORY

1. New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15194. Affordable Housing Exemption.
Note     •     History

CEQA does not apply to any development project that meets the following criteria:
(a) The project meets the threshold criteria set forth in section 15192.
(b) The project meets the following size criteria: the project site is not more than five acres in area.
(c) The project meets both of the following requirements regarding location:
(1) The project meets one of the following location requirements relating to population density:
(A) The project site is located within an urbanized area or within a census-defined place with a population density of at least 5,000 persons per square mile.
(B) If the project consists of 50 or fewer units, the project site is located within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons.
(C) The project is located within either an incorporated city or a census defined place with a population density of at least 1,000 persons per square mile and there is no reasonable possibility that the project would have a significant effect on the environment or the residents of the project due to unusual circumstances or due to the related or cumulative impacts of reasonably foreseeable projects in the vicinity of the project.
(2) The project meets one of the following site-specific location requirements:
(A) The project site has been previously developed for qualified urban uses; or
(B) The parcels immediately adjacent to the project site are developed with qualified urban uses.
(C) The project site has not been developed for urban uses and all of the following conditions are met:
1. No parcel within the site has been created within 10 years prior to the proposed development of the site.
2. At least 75 percent of the perimeter of the site adjoins parcels that are developed with qualified urban uses.
3. The existing remaining 25 percent of the perimeter of the site adjoins parcels that have previously been developed for qualified urban uses.
(d) The project meets both of the following requirements regarding provision of affordable housing.
(1) The project consists of the construction, conversion, or use of residential housing consisting of 100 or fewer units that are affordable to low-income households.
(2) The developer of the project provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for lower income households for a period of at least 30 years, at monthly housing costs deemed to be “affordable rent” for lower income, very low income, and extremely low income households, as determined pursuant to Section 50053 of the Health and Safety Code.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21159.23, Public Resources Code.
HISTORY

1. New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15195. Residential Infill Exemption.
Note     •     History

(a) Except as set forth in subdivision (b), CEQA does not apply to any development project that meets the following criteria:
(1) The project meets the threshold criteria set forth in section 15192; provided that with respect to the requirement in section 15192(b) regarding community-level environmental review, such review must be certified or adopted within five years of the date that the lead agency deems the application for the project to be complete pursuant to Section 65943 of the Government Code.
(2) The project meets both of the following size criteria:
(A) The site of the project is not more than four acres in total area.
(B) The project does not include any single level building that exceeds 100,000 square feet.
(3) The project meets both of the following requirements regarding location:
(A) The project is a residential project on an infill site.
(B) The project is within one-half mile of a major transit stop.
(4) The project meets both of the following requirements regarding number of units:
(A) The project does not contain more than 100 residential units.
(B) The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances:
1. A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing.
2. A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise.
(5) The project meets the following requirements regarding availability of affordable housing: The project would result in housing units being made available to moderate, low or very low income families as set forth in either A or B below:
(A) The project meets one of the following criteria, and the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units as set forth below at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code.
1. At least 10 percent of the housing is sold to families of moderate income, or
2. Not less than 10 percent of the housing is rented to families of low income, or
3. Not less than 5 percent of the housing is rented to families of very low income.
(B) If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay in-lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A).
(b) A project that otherwise meets the criteria set forth in subdivision (a) is not exempt from CEQA if any of the following occur:
(1) There is a reasonable possibility that the project will have a project-specific, significant effect on the environment due to unusual circumstances.
(2) Substantial changes with respect to the circumstances under which the project is being undertaken that are related to the project have occurred since community-level environmental review was certified or adopted.
(3) New information becomes available regarding the circumstances under which the project is being undertaken and that is related to the project that was not known, and could not have been known at the time that community-level environmental review was certified or adopted.
If a project is not exempt from CEQA due to subdivision (b), the analysis of the environmental effects of the project covered in the EIR or the negative declaration shall be limited to an analysis of the project-specific effect of the projects and any effects identified pursuant to subdivisions (b)(2) and (3).
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21159.24, Public Resources Code.
HISTORY

1. New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§15196. Notice of Exemption for Agricultural Housing, Affordable Housing, and Residential Infill Projects.
Note     •     History

(a) When a local agency determines that a project is not subject to CEQA under Section 15193, 15194, or 15195, and it approves or determines to carry out that project, the local agency or person seeking project approval shall file the notice required by Section 21152.1 of the Public Resources Code, pursuant to Section 15062.
(b) Failure to file the notice required by this section does not affect the validity of a project.
(c) Nothing in this section affects the time limitations contained in Section 21167.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: 21152.1, Public Resources Code.
HISTORY

1. New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
Article 13. Review and Evaluation of EIRs and Negative Declarations
§15200. Purposes of Review.
Note     •     History

The purposes of review of EIRs and negative declarations include:
(a) Sharing expertise,
(b) Disclosing agency analyses,
(c) Checking for accuracy,
(d) Detecting omissions,
(e) Discovering public concerns, and
(f) Soliciting counter proposals.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21000, 21108 and 21152, Public Resources Code; Environmental Defense Fund v. Coastside County Water District (1972) 27 Cal. App. 3d 695; County of Inyo v. City of Los Angeles (1977) 71 Cal. App. 3d 185.
HISTORY

1. New Article 13 (Sections 15201-15203) filed 2-2-78; effective thirtieth day thereafter (Register 78, No. 5).
2. Repealer of Article 13 (Sections 15201-15203) and new Article 13 (Sections 15200-15209) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
3. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15201. Public Participation.
Note     •     History

Public participation is an essential part of the CEQA process. Each public agency should include provisions in its CEQA procedures for wide public involvement, formal and informal, consistent with its existing activities and procedures, in order to receive and evaluate public reactions to environmental issues related to the agency's activities. Such procedures should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000, 21082, 21108 and 21152, Public Resources Code; Environmental Defense Fund v. Coastside County Water District (1972) 27 Cal. App. 3d 695; People v. County of Kern (1974) 39 Cal. App. 3d 830; County of Inyo v. City of Los Angeles (1977) 71 Cal. App. 3d 185.
HISTORY

1. Amendment filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15202. Public Hearings.
Note     •     History

(a) CEQA does not require formal hearings at any stage of the environmental review process. Public comments may be restricted to written communications.
(b) If an agency provides a public hearing on its decision to carry out or approve a project, the agency should include environmental review as one of the subjects for the hearing.
(c) A public hearing on the environmental impact of a project should usually be held when the lead agency determines it would facilitate the purposes and goals of CEQA to do so. The hearing may be held in conjunction with and as a part of normal planning activities.
(d) A draft EIR or negative declaration should be used as a basis for discussion at a public hearing. The hearing may be held at a place where public hearings are regularly conducted by the lead agency or at another location expected to be convenient to the public.
(e) Notice of all public hearings shall be given in a timely manner. This notice may be given in the same form and time as notice for other regularly conducted public hearings of the public agency. To the extent that the public agency maintains an Internet web site, notice of all public hearings should be made available in electronic format on that site.
(f) A public agency may include, in its implementing procedures, procedures for the conducting of public hearings pursuant to this section. The procedures may adopt existing notice and hearing requirements of the public agency for regularly conducted legislative, planning, and other activities.
(g) There is no requirement for a public agency to conduct a public hearing in connection with its review of an EIR prepared by another public agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000, 21082, 21108 and 21152, Public Resources Code; Concerned Citizens of Palm Desert, Inc. v. Board of Supervisors (1974) 38 Cal. App. 3d 272.
HISTORY

1. Amendment of subsection (e) filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15203. Adequate Time for Review and Comment.
Note     •     History

The lead agency shall provide adequate time for other public agencies and members of the public to review and comment on a draft EIR or negative declaration that it has prepared.
(a) Public agencies may establish time periods for review in their implementing procedures and shall notify the public and reviewing agencies of the time for receipt of comments on EIRs. These time periods shall be consistent with applicable statutes, the State CEQA Guidelines, and applicable clearinghouse review periods.
(b) A review period for an EIR does not require a halt in other planning or evaluation activities related to a project. Planning should continue in conjunction with environmental evaluation.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21082, 21108 and 21152, Public Resources Code. Formerly Sections 15160(a) and (e).
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15204. Focus of Review.
Note     •     History

(a) In reviewing draft EIRs, persons and public agencies should focus on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated. Comments are most helpful when they suggest additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant environmental effects. At the same time, reviewers should be aware that the adequacy of an EIR is determined in terms of what is reasonably feasible, in light of factors such as the magnitude of the project at issue, the severity of its likely environmental impacts, and the geographic scope of the project. CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commentors. When responding to comments, lead agencies need only respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the EIR.
(b) In reviewing negative declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should:
(1) Identify the specfic effect,
(2) Explain why they believe the effect would occur, and
(3) Explain why they believe the effect would be significant.
(c) Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence.
(d) Reviewing agencies or organizations should include with their comments the name of a contact person who would be available for later consultation if necessary. Each responsible agency and trustee agency shall focus its comments on environmental information germane to that agency's statutory responsibility.
(e) This section shall not be used to restrict the ability of reviewers to comment on the general adequacy of a document or of the lead agency to reject comments not focused as recommended by this section.
(f) Prior to the close of the public review period for an EIR or mitigated negative declaration, a responsible or trustee agency which has identified significant effects on the environment may submit to the lead agency proposed mitigation measures which would address those significant effects. Any such measures shall be limited to impacts affecting those resources which are subject to the statutory authority of that agency. If mitigation measures are submitted, the responsible or trustee agency shall either submit to the lead agency complete and detailed performance  objectives for the mitigation measures, or shall refer the lead agency to appropriate, readily available guidelines or reference documents which meet the same purpose.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080, 21081.6, 21080.4, 21104 and 21153, Public Resources Code, Formerly Section 15161; San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1996) 42 Cal.App.4th 608; and Leonoff v. Monterey County Board of Supervisors (1990) 222 Cal.App.3d 1337.
HISTORY

1. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15205. Review by State Agencies.
Note     •     History

(a) Draft EIRs and negative declarations to be reviewed by state agencies shall be submitted to the State Clearinghouse, 1400 Tenth Street, Sacramento, California 95814. For U.S. Mail, submit to P.O. Box 3044, Sacramento, California 95812-3044. When submitting such documents to the State Clearinghouse, the public agency shall include, in addition to the printed copy, a copy of the document in electronic form on a diskette or by electronic mail transmission, if available.
(b) The following environmental documents shall be submitted to the State Clearinghouse for review by state agencies:
(1) Draft EIRs and negative declarations prepared by a state agency where such agency is a lead agency.
(2) Draft EIRs and negative declarations prepared by a public agency where a state agency is a responsible agency, trustee agency, or otherwise has jurisdiction by law with respect to the project.
(3) Draft EIRs and negative declarations on projects identified in Section 15206 as being of statewide, regional, or areawide significance.
(4) Draft EIRs, environmental assessments, and findings of no significant impact prepared pursuant to NEPA, the Federal Guidelines (Title 40 CFR, Part 1500, commencing with Section 1500.1).
(c) Public agencies may send environmental documents to the State Clearinghouse for review where a state agency has special expertise with regard to the environmental impacts involved. The areas of statutory authorities of state agencies are identified in Appendix B. Any such environmental documents submitted to the State Clearinghouse shall include, in addition to the printed copy, a copy of the document in electronic format, on a diskette or by electronic mail transmission, if available.
(d) When an EIR or negative declaration is submitted to the State Clearinghouse for review, the review period set by the lead agency shall be at least as long as the period provided in the state review system operated by the State Clearinghouse. In the state review system, the normal review period is 45 days for EIRs and 30 days for negative declarations. In exceptional circumstances, the State Clearinghouse may set shorter review periods when requested by the lead agency.
(e) A sufficient number of copies of an EIR, negative declaration, or mitigated negative declaration, shall be submitted to the State Clearinghouse for review and comment by state agencies. The notice of completion form required by the State Clearinghouse must be submitted together with the copies of the EIR and may be submitted together with the copies of the negative declaration or mitigated negative declaration. The notice of completion form required by the State Clearinghouse is included in Appendix C. If the lead agency uses the on-line process for submittal of the notice of completion form to the State Clearinghouse, the form generated from the Internet shall satisfy this requirement (refer to www.ceqanet.ca.gov).
(f) While the lead agency is encouraged to contact the regional and district offices of state responsible agencies, the lead agency must, in all cases, submit documents to the State Clearinghouse for distribution in order to comply with the review requirements of this section.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21083, 21091, 21104 and 21153, Public Resources Code.
HISTORY

1. Amendment of subsections (a) and (c) filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending subsection (a) and Note filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
3. Amendment of subsection (e) and amendment of Note filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15206. Projects of Statewide, Regional, or Areawide Significance.
Note     •     History

(a) Projects meeting the criteria in this section shall be deemed to be of statewide, regional, or areawide significance. 
(1) A draft EIR or negative declaration prepared by any public agency on a project described in this section shall be submitted to the State Clearinghouse and should be submitted also to the appropriate metropolitan area council of governments for review and comment. The notice of completion form required by the State Clearinghouse must be submitted together with the copies of the EIR and may be submitted together with the copies of the negative declaration. The notice of completion form required by the State Clearinghouse is included in Appendix C. If the lead agency uses the on-line process for submittal of the notice of completion form to the State Clearinghouse, the form generated from the Internet shall satisfy this requirement (refer to www.ceqanet.ca.gov).
(2) When such documents are submitted to the State Clearinghouse, the public agency shall include, in addition to the printed copy, a copy of the document in electronic format on a diskette or by electronic mail transmission, if available.
(b) The lead agency shall determine that a proposed project is of statewide, regional, or areawide significance if the project meets any of the following criteria:
(1) A proposed local general plan, element, or amendment thereof for which an EIR was prepared. If a negative declaration was prepared for the plan, element, or amendment, the document need not be submitted for review.
(2) A project has the potential for causing significant effects on the environment extending beyond the city or county in which the project would be located. Examples of the effects include generating significant amounts of traffic or interfering with the attainment or maintenance of state or national air quality standards. Projects subject to this subdivision include:
(A) A proposed residential development of more than 500 dwelling units.
(B) A proposed shopping center or business establishment employing more than 1,000 persons or encompassing more than 500,000 square feet of floor space.
(C) A proposed commercial office building employing more than 1,000 persons or encompassing more than 250,000 square feet of floor space.
(D) A proposed hotel/motel development of more than 500 rooms.
(E) A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area.
(3) A project which would result in the cancellation of an open space contract made pursuant to the California Land Conservation Act of 1965 (Williamson Act) for any parcel of 100 or more acres.
(4) A project for which an EIR and not a negative declaration was prepared which would be located in and would substantially impact the following areas of critical environmental sensitivity:
(A) The Lake Tahoe Basin.
(B) The Santa Monica Mountains Zone as defined by Section 33105 of the Public Resources Code.
(C) The California Coastal Zone as defined in, and mapped pursuant to, Section 30103 of the Public Resources Code.
(D) An area within 1/4 mile of a wild and scenic river as defined by Section 5093.5 of the Public Resources Code.
(E) The Sacramento-San Joaquin Delta, as defined in Water Code Section 12220.
(F) The Suisun Marsh as defined in Public Resources Code Section 29101.
(G) The jurisdiction of the San Francisco Bay Conservation and Development Commission as defined in Government Code Section 66610.
(5) A project which would substantially affect sensitive wildlife habitats including but not limited to riparian lands, wetlands, bays, estuaries, marshes, and habitats for endangered, rare and threatened species as defined by Section 15380 of this Chapter.
(6) A project which would interfere with attainment of regional water quality standards as stated in the approved areawide waste treatment management plan.
(7) A project which would provide housing, jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference. Section 21083, Public Resources Code.
HISTORY

1. Amendment of subsection (b)(5) filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. New subsection (a)(1) designator and new subsection (a)(2) filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsection (b)(4)(B) filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
4. Amendment of subsection (a)(1) and amendment of Note filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
5. Change without regulatory effect amending subsection (b)(2) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15207. Failure to Comment.
Note     •     History

If any public agency or person who is consulted with regard to an EIR or negative declaration fails to comment within a reasonable time as specified by the lead agency, it shall be assumed, absent a request for a specific extension of time, that such agency or person has no comment to make. Although the lead agency need not respond to late comments, the lead agency may choose to respond to them.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21104 and 21153, Public Resources Code; Cleary v. County of Stanislaus (1981) 118 Cal. App. 3d 348. Formerly Section 15162.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15208. Retention and Availability of Comments.
Note     •     History

Comments received through the consultation process shall be retained for a reasonable period and available for public inspection at an address given in the final EIR. Comments which may be received on a draft EIR or negative declaration under preparation shall also be considered and kept on file.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21104, 21082.1 and 21153, Public Resources Code; Section 4, Chapter 480, Statutes of 1981; People v. County of Kern (1974) 39 Cal. App. 3d 830.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15209. Comments on Initiative of Public Agencies.
Note     •     History

Every public agency may comment on environmental documents dealing with projects which affect resources with which the agency has special expertise regardless of whether its comments were solicited or whether the effects fall within the legal jurisdiction of the agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002, 21104 and 21153, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 14. Projects Also Subject to the National Environmental Policy Act (NEPA)
§15220. General.
Note     •     History

This article applies to projects that are subject to both CEQA and NEPA. NEPA applies to projects which are carried out, financed, or approved in whole or in part by federal agencies. Accordingly, this article applies to projects which involve one or more state or local agencies and one or more federal agencies.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21083.5, 21083.6 and 21083.7, Public Resources Code; National Environmental Policy Act of 1969, Public Law 91-190 as amended, 42 U.S.C.A. 4321-4347; NEPA Regulations, 40 Code of Federal Regulations (C.F.R.) Parts 1500-1508.
HISTORY

1. New Article 14 (Sections 15220-15228) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15221. NEPA Document Ready Before CEQA Document.
Note     •     History

(a) When a project will require compliance with both CEQA and NEPA, state or local agencies should use the EIS or finding of no significant impact rather than preparing an EIR or negative declaration if the following two conditions occur:
(1) An EIS or finding of no significant impact will be prepared before an EIR or negative declaration would otherwise be completed for the project; and
(2) The EIS or finding of no significant impact complies with the provisions of these guidelines.
(b) Because NEPA does not require separate discussion of mitigation measures or growth inducing impacts, these points of analysis will need to be added, supplemented, or identified before the EIS can be used as an EIR.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21083.5 and 21083.7, Public Resources Code; Section 102(2)(C) of NEPA, 43 U.S.C.A. 4322(2)(C).
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15222. Preparation of Joint Documents.
Note     •     History

If a lead agency finds that an EIS or finding of no significant impact for a project would not be prepared by the federal agency by the time when the lead agency will need to consider an EIR or negative declaration, the lead agency should try to prepare a combined EIR-EIS or negative declaration-finding of no significant impact. To avoid the need for the federal agency to prepare a separate document for the same project, the lead agency must involve the federal agency in the preparation of the joint document. This involvement is necessary because federal law generally prohibits a federal agency from using an EIR prepared by a state agency unless the federal agency was involved in the preparation of the document.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21083.5 and 21083.7, Public Resources Code; Section 102(2)(D) of NEPA, 43 U.S.C.A. 4322 (2)(D); 40 C.F.R. Part 1506.2.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15223. Consultation with Federal Agencies.
Note     •     History

When it plans to use an EIS or finding of no significant impact or to prepare such a document jointly with a federal agency, the lead agency shall consult as soon as possible with the federal agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21083.5 and 21083.7, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15224. Time Limits.
Note     •     History

Where a project will be subject to both CEQA and the National Environmental Policy Act, the one year time limit and the 105 day time limit may be waived pursuant to Section 15110.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21083.6, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15225. Circulation of Documents.
Note     •     History

(a) Where the federal agency circulated the EIS or finding of no significant impact for public review as broadly as state or local law may require and gave notice meeting the standards in Section 15072(a) or 15087(a), the lead agency under CEQA may use the federal document in the place of an EIR or negative declaration without recirculating the federal document for public review. One review and comment period is enough. Prior to using the federal document in this situation, the lead agency shall give notice that it will use the federal document in the place of an EIR or negative declaration and that it believes that the federal document meets the requirements of CEQA. The notice shall be given in the same manner as a notice of the public availability of a draft EIR under Section 15087.
(b) If an EIS has been prepared and filed pursuant to NEPA on the closure and reuse of a military base and the Lead Agency decides that the EIS does not fully meet the requirements of CEQA or has not been circulated for public review as state and local law may require, the Lead Agency responsible for preparation of an EIR for a reuse plan for the same base may proceed in the following manner:
(1) Prepare and circulate a notice of preparation pursuant to Section 15082. The notice shall include a description of the reuse plan, a copy of the EIS, an address to which to send comments, and the deadline for submitting comments. The notice shall state that the lead agency intends to utilize the EIS as a draft EIR and requests comments on whether the EIS provides adequate information to serve as a draft EIR and what specific additional information, if any, is necessary.
(2) Upon the close of the comment period, the lead agency may proceed with preparation and circulation for comment of the draft EIR for the reuse plan. To the greatest extent feasible, the lead agency shall avoid duplication and utilize the EIS or information in the EIS as all or part of the draft EIR. The EIR shall be completed in compliance with the provisions of CEQA.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21083.5 and 21092, Public Resources Code.
HISTORY

1. New subsection (a) designator, new subsections (b)-(b)(2), and amendment of Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15226. Joint Activities.
Note     •     History

State and local agencies should cooperate with federal agencies to the fullest extent possible to reduce duplication between the California Environmental Quality Act and the National Environmental Policy Act. Such cooperation should, to the fullest extent possible, include:
(a) Joint planning processes,
(b) Joint environmental research and studies,
(c) Joint public hearings,
(d) Joint environmental documents.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21083.5 and 21083.7, Public Resources Code; 40 C.F.R. Part 1506.2.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15227. State Comments on a Federal Project.
Note     •     History

When a state agency officially comments on a proposed federal project which may have a significant effect on the environment, the comments shall include or reference a discussion of the material specified in Section 15126. An EIS on the federal project may be referenced to meet the requirements of this section.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21101, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15228. Where Federal Agency Will Not Cooperate.
Note     •     History

Where a federal agency will not cooperate in the preparation of joint document and will require separate NEPA compliance for the project at a later time, the state or local agency should persist in efforts to cooperate with the federal agency. Because NEPA expressly allows federal agencies to use environmental documents prepared by an agency of statewide jurisdiction, a local agency should try to involve a state agency in helping prepare an EIR or negative declaration for the project. In this way there will be a greater chance that the federal agency may later use the CEQA document and not require the applicant to pay for preparation of a second document to meet NEPA requirements at a later time.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21083.5, Public Resources Code; Section 102(2)(D) of NEPA, 42 U.S.C.A. 4322(2)(D).
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15229. Baseline Analysis for Military Base Reuse Plan EIRs.
Note     •     History

When preparing and certifying an EIR for a plan for the reuse of a military base, including when utilizing an Environmental Impact Statement pursuant to Section 21083.5 of the Public Resources Code, the determination of whether the reuse plan may have a significant effect on the environment may, at the discretion of the lead agency, be based upon the physical conditions which were present at the time that the federal decision for the closure or realignment of the base or reservation became final. These conditions shall be referred to as the “baseline physical conditions.” Impacts which do not exceed the baseline physical conditions shall not be considered significant. 
(a) Prior to circulating a draft EIR pursuant to the provisions of this Section, the lead agency shall do all of the following, in order: 
(1) Prepare proposed baseline physical conditions, identify pertinent responsible and trustee agencies and consult with those agencies prior to the public hearing required by subdivision (a)(2) as to the application of their regulatory authority and permitting standards to the proposed baseline physical conditions, the proposed reuse plan, and specific, planned future nonmilitary land uses of the base or reservation. The affected agencies shall have not less than 30 days prior to the public hearing to review the proposed baseline physical conditions and the proposed reuse plan and to submit their comments to the lead agency.
(2) Hold a public hearing at which is discussed the federal EIS prepared for, or being prepared for, the closure or realignment of the military base or reservation. The discussion shall include the significant effects on the environment, if any, examined in the EIS, potential methods of mitigating those effects, including feasible alternatives, and the mitigative effects of federal, state, and local laws applicable to future nonmilitary activities. Prior to the close of the hearing, the lead agency shall specify whether it will adopt any of the baseline physical conditions for the reuse plan EIR and identify those conditions. The lead agency shall specify particular baseline physical conditions, if any, which it will examine in greater detail than they were examined in the EIS. Notice of the hearing shall be given pursuant to Section 15087. The hearing may be continued from time to time.
(3) Prior to the close of the hearing, the lead agency shall do all of the following: 
(A) Specify the baseline physical conditions which it intends to adopt for the reuse plan EIR, and specify particular physical conditions, if any, which it will examine in greater detail than were examined in the EIS.
(B) State specifically how it intends to integrate its discussion of the baseline physical conditions in the EIR with the reuse planning process, taking into account the adopted environmental standards of the community, including but not limited to, the adopted general plan, specific plan or redevelopment plan, and including other applicable provisions of adopted congestion management plans, habitat conservation or natural communities conservation plans, air quality management plans, integrated waste management plans, and county hazardous waste management plans.
(C) State the specific economic or social reasons, including but not limited to, new job creation, opportunities for employment of skilled workers, availability of low and moderate-income housing, and economic continuity which support selection of the baseline physical conditions.
(b) An EIR prepared under this section should identify any adopted baseline physical conditions in the environmental setting section. The baseline physical conditions should be cited in discussions of effects. The no-project alternative analyzed in an EIR prepared under this section shall discuss the conditions on the base as they exist at the time of preparation, as well as what could be reasonably expected to occur in the foreseeable future if the reuse plan were not approved, based on current plans and consistent with available infrastructure and services.
(c) All public and private activities taken pursuant to or in furtherance of a reuse plan for which an EIR was prepared and certified pursuant to this section shall be deemed to be a single project. A subsequent or supplemental EIR shall be required only if the lead agency determines that any of the circumstances described in Section 15162 or 15163 exist.
(d) Limitations: 
(1) Nothing in this section shall in any way limit the scope of review or determination of significance of the presence of hazardous or toxic wastes, substances, and materials, including but not limited to, contaminated soils and groundwater. The regulation of hazardous or toxic wastes, substances, and materials shall not be constrained by this section.
(2) This section does not apply to hazardous waste regulation and remediation projects undertaken pursuant to Chapter 6.5 (commencing with Section 25100) or Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code or pursuant to the Porter-Cologne Water Quality Control Act (Water Code Section 13000, et seq.)
(3) All subsequent development at the military base or reservation shall be subject to all applicable federal, state, or local laws, including but not limited to, those relating to air quality, water quality, traffic, threatened and endangered species, noise, and hazardous or toxic wastes, substances, or materials.
(e) “Reuse plan” means the initial plan for the reuse of military base adopted by a local government, including a redevelopment agency or joint powers authority, in the form of a general plan, general plan amendment, specific plan, redevelopment plan, or other planning document. For purposes of this section, a reuse plan also shall include a statement of development policies, a diagram or diagrams illustrating its provisions, including a designation of the proposed general distribution, location, and development intensity for housing, business, industry, open space, recreation, natural resources, public buildings and grounds, roads, and other transportation facilities, infrastructure, and other categories of proposed uses, whether public or private.
(f) This section may be applied to any reuse plan EIR for which a notice of preparation is issued within one year from the date that the federal record of decision was rendered for the military base or reservation closure or realignment and reuse, or prior to January 1, 1997, whichever is later, but only if the EIR is completed and certified within five years from the date that the federal record of decision was rendered.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21083.8.1, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending first paragraph and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 15. Litigation
§15230. Time Limits and Criteria.
Note     •     History

Litigation under CEQA must be handled under the time limits and criteria described in Sections 21167 et seq. of the Public Resources Code and Section 15112 of these guidelines in addition to provisions in this article.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21167 et seq., Public Resources Code.
HISTORY

1. New Article 15 (Sections 15230-15233) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15231. Adequacy of EIR or Negative Declaration for Use by Lead and Responsible Agencies.
Note     •     History

A final EIR prepared by a lead agency or a negative declaration adopted by a lead agency shall be conclusively presumed to comply with CEQA for purposes of use by responsible agencies which were consulted pursuant to Sections 15072 or 15082 unless one of the following conditions occurs:
(a) The EIR or negative declaration is finally adjudged in a legal proceeding not to comply with the requirements of CEQA, or
(b) A subsequent EIR is made necessary by Section 15162 of these guidelines.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.1, 21166, 21167.2 and 21167.3, Public Resources Code.
HISTORY

1. Amendment of section heading filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15232. Request for Hearing.
Note     •     History

In a writ of mandate proceeding challenging approval of a project under CEQA, the petitioner shall, within 90 days of filing the petition, request a hearing or otherwise be subject to dismissal on the court's own motion or on the motion of any party to the suit.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21167.4, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15233. Conditional Permits.
Note     •     History

If a lawsuit is filed challenging an EIR or negative declaration for noncompliance with CEQA, responsible agencies shall act as if the EIR or negative declaration complies with CEQA and continue to process the application for the project according to the time limits for responsible agency action contained in Government Code Section 65952.
(a) If an injunction or a stay has been granted in the lawsuit prohibiting the project from being carried out, the responsible agency shall have authority only to disapprove the project or to grant a conditional approval of the project. A conditional approval shall constitute permission to proceed with a project only when the court action results in a final determination that the EIR or negative declaration does comply with the provisions of CEQA (Public Resources Code Section 21167.3a).
(b) If no injunction or stay is granted in the lawsuit, the responsible agency shall assume that the EIR or negative declaration fully meets the requirements of CEQA. The responsible agency shall approve or disapprove the project within the time limits described in Article 8, commencing with Section 15100, of these guidelines and described in Government Code Section 65952. An approval granted by a responsible agency in this situation provides only permission to proceed with the project at the applicant's risk prior to a final decision in the lawsuit (Public Resources Code Section 21167.3b).
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21167.3, Public Resources Code; Kriebel v. City Council (1980) 112 Cal. App. 3d 693.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 16. EIR Monitor
§15240. EIR Monitor.
Note     •     History

The Secretary for Resources may provide for publication of a bulletin entitled “California EIR Monitor” on a subscription basis to provide public notice of amendments to the guidelines, the completion of draft EIRs, and other matters as deemed appropriate. Inquiries and subscription requests should be sent to the following address:

SECRETARY FOR RESOURCES
ATTENTION: CALIFORNIA EIR MONITOR
1416 NINTH STREET, ROOM 1311
SACRAMENTO, CALIFORNIA 95814
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21088, Public Resources Code.
HISTORY

1. New Article 16 (Section 15240) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 17. Exemption for Certified State Regulatory Programs
§15250. General.
Note     •     History

Section 21080.5 of the Public Resources Code provides that a regulatory program of a state agency shall be certified by the Secretary for Resources as being exempt from the requirements for preparing EIRs, negative declarations, and initial studies if the Secretary finds that the program meets the criteria contained in that code section. A certified program remains subject to other provisions in CEQA such as the policy of avoiding significant adverse effects on the environment where feasible. This article provides information concerning certified programs.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY

1. New Article 17 (Sections 15250-15253) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15251. List of Certified Programs.
Note     •     History

The following programs of state regulatory agencies have been certified by the Secretary for Resources as meeting the requirements of Section 21080.5:
(a) The regulation of timber harvesting operations by the California Department of Forestry and the State Board of Forestry pursuant to Chapter 8, commencing with Section 4511 of Part 2 of Division 4 of the Public Resources Code.
(b) The regulatory program of the Fish and Game Commission pursuant to the Fish and Game Code.
(c) The regulatory program of the California Coastal Commission and the regional coastal commissions dealing with the consideration and granting of coastal development permits under the California Coastal Act of 1976, Division 20 (commencing with Section 30000) of the Public Resources Code.
(d) That portion of the regulatory program of the Air Resources Board which involves the adoption, approval, amendment, or repeal of standards, rules, regulations, or plans to be used in the regulatory program for the protection and enhancement of ambient air quality in California.
(e) The regulatory program of the State Board of Forestry in adopting, amending, or repealing standards, rules, regulations, or plans under the Z'berg-Nejedly Forest Practice Act, Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code.
(f) The program of the California Coastal Commission involving the preparation, approval, and certification of local coastal programs as provided in Sections 30500 through 30522 of the Public Resources Code.
(g) The Water Quality Control (Basin)/208 Planning Program of the State Water Resources Control Board and the Regional Water Quality Control Boards.
(h) The permit and planning programs of the San Francisco Bay Conservation and Development Commission under the McAteer-Petris Act, Title 7.2 (commencing with Section 66600) of the Government Code; and the planning program of the San Francisco Bay Conservation and Development Commission under the Suisun Marsh Preservation Act, Division 19 (commencing with Section 29000) of the Public Resources Code.
(i) The pesticide regulatory program administered by the Department of Pesticide Regulation and the county agricultural commissioners insofar as the program consists of:
(1) The registration, evaluation, and classification of pesticides.
(2) The adoption, amendment, or repeal of regulations and standards for the licensing and regulation of pesticide dealers and pest control operators and advisors.
(3) The adoption, amendment, or repeal of regulations for standards dealing with the monitoring of pesticides and of the human health and environmental effects of pesticides.
(4) The regulation of the use of pesticides in agricultural and urban areas of the state through the permit system administered by the county agricultural commissioners.
(j) The power plant site certification program of the State Energy Resources Conservation and Development Commission under Chapter 6 of the Warren-Alquist Act, commencing with Public Resources Code Section 25500.
(k) The regulatory program of the State Water Resources Control Board to establish instream beneficial use protection programs.
(l) That portion of the regulatory program of the South Coast Air Quality Management District which involves the adoption, amendment, and repeal of regulations pursuant to the provisions of the Health and Safety Code.
(m) The program of the Delta Protection Commission involving the preparation and adoption of a Resource Management Plan for the Sacramento-San Joaquin Delta (Pub. Resources Code §29760 ff.), and the Commission's review and action on general plan amendments proposed by local governments to make their plans consistent with the provisions  of the Commission's Resource Management Plan (Pub. Resources Code §29763.5).
(n) The program of the Department of Fish and Game for the adoption of regulations under the Fish and Game Code.
(o) The program of the Department of Fish and Game implementing the incidental take permit application process under the California Endangered Species Act (“CESA”), Fish and Game Code sections 2080 and 2081, and specifically the regulation governing the Department of Fish and Game's role as a “lead agency” when issuing incidental take permits, found at California Code of Regulations, Title 14, section 783.5(d).
(p) The regulatory program of the Department of Fish and Game for review and approval of voluntary local programs for routine and ongoing agricultural activities, as authorized by the California Endangered Species Act, Fish and Game Code section 2086.
NOTE

Authority cited: Sections 21083 and 21080.5, Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY

1. New subsection (m) filed 3-1-89; operative 3-31-89 (Register 89, No. 10).
2. New subsection (n) filed 11-9-94; operative 12-9-94 (Register 94, No. 45).
3. New subsection (o) filed 8-27-98; operative 8-27-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
4. New subsection (p) and amendment of Note filed 3-29-99; operative 3-29-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
5. Change without regulatory effect amending subsection (i) and Note filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
6. New subsection (q) filed 3-4-2003; operative 3-4-2003 pursuant to Public Resources Code section 21083 (Register 2003, No. 10). 
7. Amendment of subsection (h), repealer of subsection (j) and subsection relettering filed 7-11-2006; operative 7-11-2006 pursuant to Public Resources Code section 21083 (Register 2006, No. 28). 
§15252. Substitute Document.
Note     •     History

(a) The document used as a substitute for an EIR or negative declaration in a certified program shall include at least the following items:
(1) A description of the proposed activity, and
(2) Either:
(A) Alternatives to the activity and mitigation measures to avoid or reduce any significant or potentially significant effects that the project might have on the environment, or
(B) A statement that the agency's review of the project showed that the project would not have any significant or potentially significant effects on the environment and therefore no alternatives or mitigation measures are proposed to avoid or reduce any significant effects on the environment. This statement shall be supported by a checklist or other documentation to show the possible effects that the agency examined in reaching this conclusion.
(b) The notice of the decision on the proposed activity shall be filed with the Secretary for Resources.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY

1. Redesignation of first paragraph and subsections (a)-(b)(2) as subsections (a)-(a)(2)(B) and new subsection (b) filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15253. Use of an EIR Substitute by a Responsible Agency.
Note     •     History

(a) An environmental analysis document prepared for a project under a certified program listed in Section 15251 shall be used by another agency granting an approval for the same project where the conditions in subdivision (b) have been met. In this situation, the certified agency shall act as lead agency, and the other permitting agencies shall act as responsible agencies using the certified agency's document.
(b) The conditions under which a public agency shall act as a responsible agency when approving a project using an environmental analysis document prepared under a certified program in the place of an EIR or negative declaration are as follows:
(1) The certified agency is the first agency to grant a discretionary approval for the project.
(2) The certified agency consults with the responsible agencies, but the consultation need not include the exchange of written notices.
(3) The environmental analysis document identifies:
(A) The significant environmental effects within the jurisdiction or special expertise of the responsible agency.
(B) Alternatives or mitigation measures that could avoid or reduce the severity of the significant environmental effects.
(4) Where written notices were not exchanged in the consultation process, the responsible agency was afforded the opportunity to participate in the review of the property by the certified agency in a regular manner designed to inform the certified agency of the concerns of the responsible agency before release of the EIR substitute for public review.
(5) The certified agency established a consultation period between the certified agency and the responsible agency that was at least as long as the period allowed for public review of the EIR substitute document.
(6) The certified agency exercised the powers of a lead agency by considering all the significant environmental effects of the project and making a finding under Section 15091 for each significant effect.
(c) Certified agencies are not required to adjust their activities to meet the criteria in subdivision (b). Where a certified agency does not meet the criteria in subdivision (b):
(1) The substitute document prepared by the agency shall not be used by other permitting agencies in the place of an EIR or negative declaration, and
(2) Any other agencies granting approvals for the project shall comply with CEQA in the normal manner. A permitting agency shall act as a lead agency and prepare an EIR or a negative declaration. Other permitting agencies, if any, shall act as responsible agencies and use the EIR or negative declaration prepared by the lead agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002.1(d), 21080.5 and 21165, Public Resources Code.
HISTORY

1. Change without regulatory effect amending subsections (a) and (c) and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 18. Statutory Exemptions
§15260. General.
Note     •     History

This article describes the exemptions from CEQA granted by the Legislature. The exemptions take several forms. Some exemptions are complete exemptions from CEQA. Other exemptions apply to only part of the requirements of CEQA, and still other exemptions apply only to the timing of CEQA compliance.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(b), Public Resources Code.
HISTORY

1. New Article 18 (Sections 15260-15277) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15261. Ongoing Project.
Note     •     History

(a) If a project being carried out by a public agency was approved prior to November 23, 1970, the project shall be exempt from CEQA unless either of the following conditions exists:
(1) A substantial portion of public funds allocated for the project have not been spent, and it is still feasible to modify the project to mitigate potentially adverse environmental effects, or to choose feasible alternatives to the project, including the alternative of “no project” or halting the project; provided that a project subject to the National Environmental Policy Act (NEPA) shall be exempt from CEQA as an on-going project if, under regulations promulgated under NEPA, the project would be too far advanced as of January 1, 1970, to require preparation of an EIS.
(2) A public agency proposes to modify the project in such a way that the project might have a new significant effect on the environment.
(b) A private project shall be exempt from CEQA if the project received approval of a lease, license, certificate, permit, or other entitlement for use from a public agency prior to April 5, 1973, subject to the following provisions:
(1) CEQA does not prohibit a public agency from considering environmental factors in connection with the approval or disapproval of a project, or from imposing reasonable fees on the appropriate private person or entity for preparing an environmental report under authority other than CEQA. Local agencies may require environmental reports for projects covered by this paragraph pursuant to local ordinances during this interim period.
(2) Where a project was approved prior to December 5, 1972, and prior to that date the project was legally challenged for noncompliance with CEQA, the project shall be bound by special rules set forth in Section 21170 of CEQA.
(3) Where a private project has been granted a discretionary governmental approval for part of the project before April 5, 1973, and another or additional discretionary governmental approvals after April 5, 1973, the project shall be subject to CEQA only if the approval or approvals after April 5, 1973, involve a greater degree of responsibility or control over the project as a whole than did the approval or approvals prior to that date.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21169, 21170 and 21171, Public Resources Code; County of Inyo v. Yorty, 32 Cal. App. 3d 795.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15262. Feasibility and Planning Studies.
Note     •     History

A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors. This section does not apply to the adoption of a plan that will have a legally binding effect on later activities.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21102 and 21150, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15263. Discharge Requirements.
Note     •     History

The State Water Resources Control Board and the regional boards are exempt from the requirement to prepare an EIR or a negative declaration prior to the adoption of waste discharge requirements, except requirements for new sources as defined in the Federal Water Pollution Control Act or in other acts which amend or supplement the Federal Water Pollution Control Act. The term “waste discharge requirements” as used in this section is the equivalent of the term “permits” as used in the Federal Water Pollution Control Act.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 13389, Water Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15264. Timberland Preserves.
Note     •     History

Local agencies are exempt from the requirement to prepare an EIR or negative declaration on the adoption of timberland preserve zones under Government Code Sections 51100 et seq. (Gov. Code, Sec. 51119).
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 51119, Government Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15265. Adoption of Coastal Plans and Programs.
Note     •     History

(a) CEQA does not apply to activities and approvals pursuant to the California Coastal Act (commencing with Section 30000 of the Public Resources Code) by:
(1) Any local government, as defined in Section 30109 of the Public Resources Code, necessary for the preparation and adoption of a local coastal program, or
(2) Any state university or college, as defined in Section 30119, as necessary for the preparation and adoption of a long-range land use development plan.
(b) CEQA shall apply to the certification of a local coastal program or long-range land use development plan by the California Coastal Commission.
(c) This section shifts the burden of CEQA compliance from the local agency or the state university or college to the California Coastal Commission. The Coastal Commission's program of certifying local coastal programs and long-range land use development plans has been certified under Section 21080.5, Public Resources Code. See Section 15192.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080.9, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15266. General Plan Time Extension.
Note     •     History

CEQA shall not apply to the granting of an extension of time by the Office of Planning and Research to a city or county for the preparation and adoption of one or more elements of a city or county general plan.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080.10(a), Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15267. Financial Assistance to Low or Moderate Income Housing.
Note     •     History

CEQA does not apply to actions taken by the Department of Housing and Community Development to provide financial assistance for the development and construction of residential housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. The residential project which is the subject of the application for financial assistance will be subject to CEQA when approvals are granted by another agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080.10(b), Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15268. Ministerial Projects.
Note     •     History

(a) Ministerial projects are exempt from the requirements of CEQA. The determination of what is “ministerial” can most appropriately be made by the particular public agency involved based upon its analysis of its own laws, and each public agency should make such determination either as a part of its implementing regulations or on a case-by-case basis.
(b) In the absence of any discretionary provision contained in the local ordinance or other law establishing the requirements for the permit, license, or other entitlement for use, the following actions shall be presumed to be ministerial:
(1) Issuance of building permits.
(2) Issuance of business licenses.
(3) Approval of final subdivision maps.
(4) Approval of individual utility service connections and disconnections.
(c) Each public agency should, in its implementing regulations or ordinances, provide an identification or itemization of its projects and actions which are deemed ministerial under the applicable laws and ordinances.
(d) Where a project involves an approval that contains elements of both a ministerial action and a discretionary action, the project will be deemed to be discretionary and will be subject to the requirements of CEQA.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(b)(1), Public Resources Code; Day v. City of Glendale, 51 Cal. App. 3d 817.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15269. Emergency Projects.
Note     •     History

The following emergency projects are exempt from the requirements of CEQA.
(a) Projects to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, commencing with Section 8550 of the Government Code. This includes projects that will remove, destroy, or significantly alter an historical resource when that resource represents an imminent threat to the public of bodily harm or of damage to adjacent property or when the project has received a determination by the State Office of Historic Preservation pursuant to Section 5028(b) of Public Resources Code. 
(b) Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare.
(c) Specific actions necessary to prevent or mitigate an emergency. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term.
(d) Projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, provided that the project is within the existing right of way of that highway and is initiated within one year of the damage occurring. This exemption does not apply to highways designated as official state scenic highways, nor any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide.
(e) Seismic work on highways and bridges pursuant to Section180.2 of the Streets and Highways Code, Section 180 et seq.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080(b)(2), (3), and (4), 21080.33 and 21172, Public Resources Code; Castaic Lake Water Agency v. City of Santa Clarita (1995) 41 Cal.App.4th 1257; and Western Municipal Water District of Riverside County v. Superior Court of San Bernardino County (1987) 187 Cal.App.3d 1104.
HISTORY

1. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15270. Projects Which Are Disapproved.
Note     •     History

(a) CEQA does not apply to projects which a public agency rejects or disapproves.
(b) This section is intended to allow an initial screening of projects on the merits for quick disapprovals prior to the initiation f the CEQA process where the agency can determine that the project cannot be approved.
(c) This section shall not relieve an applicant from paying the costs for an EIR or negative declaration prepared for his project prior to the lead agency's disapproval of the project after normal evaluation and processing.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(b)(5), Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15271. Early Activities Related to Thermal Power Plants.
Note     •     History

(a) CEQA does not apply to actions undertaken by a public agency relating to any thermal power plant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for such a thermal power plant, if the thermal power plant site and related facility will be the subject of an EIR or negative declaration or other document or documents prepared pursuant to a regulatory program certified pursuant to Public Resources Code Section 21080.5, which will be prepared by:
(1) The State Energy Resources Conservation and Development Commission,
(2) The Public Utilities Commission, or
(3) The city or county in which the power plant and related facility would be located.
(b) The EIR, negative declaration, or other document prepared for the thermal power plant site or facility, shall include the environmental impact, if any, of the early activities described in this section.
(c) This section acts to delay the timing of CEQA compliance from the early activities of a utility to the time when a regulatory agency is requested to approve the thermal power plant and shifts the responsibility for preparing the document to the regulatory agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 15080(b)(6), Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15272. Olympic Games.
Note     •     History

CEQA does not apply to activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for such Olympic Games. If the facilities are required by the International Olympic Committee as a condition of being awarded the Olympic Games, the lead agency need not discuss the “no project” alternative in an EIR with respect to those facilities.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(b)(7), Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15273. Rates, Tolls, Fares, and Charges.
Note     •     History

(a) CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public agencies which the public agency finds are for the purpose of:
(1) Meeting operating expenses, including employee wage rates and fringe benefits,
(2) Purchasing or leasing supplies, equipment, or materials,
(3)Meeting financial reserve needs and requirements,
(4) Obtaining funds for capital projects, necessary to maintain service within existing service areas, or
(5) Obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter.
(b) Rate increases to fund capital projects for the expansion of a system remain subject to CEQA. The agency granting the rate increase shall act either as the lead agency if no other agency has prepared environmental documents for the capital project or as a responsible agency if another agency has already complied with CEQA as the lead agency.
(c) The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this section is claimed setting forth with specificity the basis for the claim of exemption.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(b)(8), Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15274. Family Day Care Homes.
Note     •     History

(a) CEQA does not apply to establishment or operation of a large family day care home, which provides in-home care for up to fourteen children, as defined in Section 1596.78 of the Health and Safety Code.
(b) Under the Health and Safety Code, local agencies cannot require use permits for the establishment or operation of a small family day care home, which provides in-home care for up to eight children, and the establishment or operation of a small family day care home is a ministerial action which is not subject to CEQA.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21083, Public Resources Code.
HISTORY

1. Amendment of section heading, repealer and new section, and amendment of Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending section filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15275. Specified Mass Transit Projects.
Note     •     History

CEQA does not apply to the following mass transit projects:
(a) The institution or increase of passenger or commuter service on rail lines or high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities;
(b) Facility extensions not to exceed four miles in length which are required for transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(b)(11), (12), and (13), Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15276. Transportation Improvement and Congestion Management Programs.
Note     •     History

(a) CEQA does not apply to the development or adoption of a regional transportation improvement program or the state transportation improvement program. Individual projects developed pursuant to these programs shall remain subject to CEQA.
(b) CEQA does not apply to preparation and adoption of a congestion management program by a county congestion management agency pursuant to Government Code Section 65089, et seq.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(b)(13), Public Resources Code.
HISTORY

1. Amendment of section heading, section and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15277. Projects Located Outside California.
Note     •     History

CEQA does not apply to any project or portion thereof located outside of California which will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 or pursuant to a law of that state requiring preparation of a document containing essentially the same points of analysis as in an environmental impact statement prepared under the National Environmental Policy Act of 1969. Any emissions or discharges that would have a significant effect on the environment in the State of California are subject to CEQA where a California public agency has authority over the emissions or discharges.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(b)(15), Public Resources Code; 58 Opinions of the California Attorney General 614 (S.O. 75/50).
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15278. Application of Coatings.
Note     •     History

(a) CEQA does not apply to a discretionary decision by an air quality management district for a project consisting of the application of coatings within an existing facility at an automotive manufacturing plant if the district finds all of the following:
(1) The project will not cause a net increase in any emissions of any pollutant for which a national or state ambient air quality standard has been established after the internal emission accounting for previous emission reductions achieved at the facility and recognized by the district.
(2) The project will not cause a net increase in adverse impacts of toxic air contaminants as determined by a health risk assessment. The term “net increase in adverse impacts of toxic air contaminants as determined by a health risk assessment” shall be determined in accordance with the rules and regulations of the district.
(3) The project will not cause any other adverse effect on the environment.
(b) The district shall provide a 10-day notice, at the time of the issuance of the permit, of any such exemption. Notice shall be published in two newspapers of general circulation in the area of the project and shall be mailed to any person who makes a written request for such a notice. The notice shall state that the complete file on the project and the basis for the district's findings of exemption are available for inspection and copying at the office of the district.
(c) Any person may appeal the issuance of a permit based on an exemption under subdivision (a) to the hearing board as provided in Section 42302.1 of the Health and Safety Code. The permit shall be revoked by the hearing board if there is substantial evidence in light of the whole record before the board that the project may not satisfy one or more of the criteria established pursuant to subdivision (a). If there is no such substantial evidence, the exemption shall be upheld. Any appeal under this subdivision shall be scheduled for hearing on the calendar of the hearing board within 10 working days of the appeal being filed. The hearing board shall give the appeal priority on its calendar and shall render a decision on the appeal within 21 working days of the appeal being filed. The hearing board may delegate the authority to hear and decide such an appeal to a subcommittee of its body.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Chapter 1131, Statutes of 1993, Section 1.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15279. Housing for Agricultural Employees. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Section 21080.10, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect repealing section filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15280. Lower-Income Housing Projects. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Section 21080.14, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending subsection (a) filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
3. Change without regulatory effect repealing section filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15281. Air Quality Permits.
Note     •     History

CEQA does not apply to the issuance, modification, amendment, or renewal of any permit by an air pollution control district or air quality management district pursuant to Title V, as defined in Section 39053.3 of the Health and Safety Code, or pursuant to an air district Title V program established under Sections 42301.10, 42301.11, and 42301.12 of the Health and Safety Code, unless the issuance, modification, amendment, or renewal authorizes a physical or operational change to a source or facility.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080.24, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15282. Other Statutory Exemptions.
Note     •     History

The following is a list of existing statutory exemptions. Each subdivision summarizes statutory exemptions found in the California Code. Lead agencies are not to rely on the language contained in the summaries below but must rely on the actual statutory language that creates the exemption. This list is intended to assist lead agencies in finding them, but not as a substitute for them. This section is merely a reference tool.
(a) The notification of discovery of Native American burial sites as set forth in Section 5097.98(c) of the Public Resources Code.
(b) Specified prison facilities as set forth in Sections 21080.01, 21080.02, 21080.03 and 21080.07 of the Public Resources Code.
(c) The lease or purchase of the rail right-of-way used for the San Francisco Peninsula commute service between San Francisco and San Jose as set forth in Section 21080.05 of the Public Resources Code.
(d) Any activity or approval necessary for or incidental to project funding or authorization for the expenditure of funds for the project, by the Rural Economic Development Infrastructure Panel as set forth in Section 21080.08 of the Public Resources Code.
(e) The conversion of an existing rental mobilehome park to a resident initiated subdivision, cooperative, or condominium for mobilehomes as set forth in Section 21080.8 of the Public Resources Code.
(f) Settlements of title and boundary problems by the State Lands Commission and to exchanges or leases in connection with those settlements as set forth in Section 21080.11 of the Public Resources Code.
(g) Any railroad grade separation project which eliminates an existing grade crossing or which reconstructs an existing grade separation as set forth in Section 21080.13 of the Public Resources Code.
(h) The adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code.
(i) The closing of any public school or the transfer of students from that public school to another school in which kindergarten or any grades 1 through 12 is maintained as set forth in 21080.18 of the Public Resources Code.
(j) A project for restriping streets or highways to relieve traffic congestion as set forth in Section 21080.19 of the Public Resources Code.
(k) The installation of new pipeline or maintenance, repair, restoration, removal, or demolition of an existing pipeline as set forth in Section 21080.21 of the Public Resources Code, as long as the project does not exceed one mile in length.
(l) The activities and approvals by a local government necessary for the preparation of general plan amendments pursuant to Public Resources Code §29763 as set forth in Section 21080.22 of the Public Resources Code. Section 29763 of the Public Resources Code refers to local government amendments made for consistency with the Delta Protection Commission's regional plan.
(m) Minor alterations to utilities made for the purposes of complying with Sections 116410 and 116415 of the Health and Safety Code as set forth in Section 21080.26 of the Public Resources Code.
(n) The adoption of an ordinance exempting a city or county from the provisions of the Solar Shade Control Act as set forth in Section 25985 of the Public Resources Code.
(o) The acquisition of land by the Department of Transportation if received or acquired within a statewide or regional priority corridor designated pursuant to Section 65081.3 of the Government Code as set forth in Section 33911 of the Public Resources Code.
(p) The adoption or amendment of a nondisposal facility element as set forth in Section 41735 of the Public Resources Code.
(q) Cooperative agreements for the development of Solid Waste Management Facilities on Indian country as set forth in Section 44203(g) of the Public Resources Code.
(r) Determinations made regarding a city or county's regional housing needs as set forth in Section 65584 of the Government Code.
(s) Any action necessary to bring a general plan or relevant mandatory element of the general plan into compliance pursuant to a court order as set forth in Section 65759 of the Government Code.
(t) Industrial Development Authority activities as set forth in Section 91543 of the Government Code.
(u) Temporary changes in the point of diversion, place of use, of purpose of use due to a transfer or exchange of water or water rights as set forth in Section 1729 of the Water Code.
(v) The preparation and adoption of Urban Water Management Plans pursuant to the provisions of Section 10652 of the Water Code.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 5097.98(c), 21080.01, 21080.02, 21080.03, 21080.05, 21080.07, 21080.08, 21080.8, 21080.11, 21080.13, 21080.17, 21080.18, 21080.19, 21080.21, 21080.22, 21080.26, 25985, 33911, 41735 and 44203(g), Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending first paragraph, repealing subsection (e), relettering subsections and amending newly designated subsection (m) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15283. Housing Needs Allocation.
Note     •     History

CEQA does not apply to regional housing needs determinations made by the Department of Housing and Community Development, a council of governments, or a city or county pursuant to Section 65584 of the Government Code.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 65584, Government Code.
HISTORY

1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15284. Pipelines.
Note     •     History

(a) CEQA does not apply to any project consisting of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing hazardous or volatile liquid pipeline or any valve, flange, meter, or other piece of equipment that is directly attached to the pipeline.
(b) To qualify for this exemption, the diameter of the affected pipeline must not be increased and the project must be located outside the boundaries of an oil refinery. The project must also meet all of the following criteria:
(1) The affected section of pipeline is less than eight miles in length and actual construction and excavation activities are not undertaken over a length of more than one-half mile at a time.
(2) The affected section of pipeline is not less than eight miles distance from any section of pipeline that had been subject to this exemption in the previous 12 months.
(3) The project is not solely for the purpose of excavating soil that is contaminated by hazardous materials.
(4) To the extent not otherwise required by law, the person undertaking the project has, in advance of undertaking the project, prepared a plan that will result in notification of the appropriate agencies so that they may take action, if necessary, to provide for the emergency evacuation of members of the public who may be located in close proximity to the project, and those agencies, including but not limited to the local fire department, police, sheriff, and California Highway Patrol as appropriate, have reviewed and agreed to that plan.
(5) Project activities take place within an existing right-of-way and that right-of-way will be restored to its pre-project condition upon completion of the project.
(6) The project applicant will comply with all conditions otherwise authorized by law, imposed by the city or county as part of any local agency permit process, and to comply with the Keene-Nejedly California Wetlands Preservation Act (Public Resources Code Section 5810, et seq.), the California Endangered Species Act (Fish and Game Code Section 2050, et seq.), other applicable state laws, and all applicable federal laws.
(c) When the lead agency determines that a project meets all of the criteria of subdivisions (a) and (b), the party undertaking the project shall do all of the following:
(1) Notify in writing all responsible and trustee agencies, as well as any public agency with environmental, public health protection, or emergency response authority, of the lead agency's invocation of this exemption.
(2) Mail notice of the project to the last known name and address of all organizations and individuals who have previously requested such notice and notify the public in the affected area by at least one of the following procedures:
(A) Publication at least one time in a newspaper of general circulation in the area affected by the proposed project. If more than one area is affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas.
(B) Posting of notice on and off site in the area where the project is to be located.
(C) Direct mailing to the owners and occupants of contiguous property shown on the latest equalized assessment roll.

The notice shall include a brief description of the proposed project and its location, and the date, time, and place of any public meetings or hearings on the proposed project. This notice may be combined with the public notice required under other law, as applicable, but shall meet the preceding minimum requirements.
(3) In the case of private rights-of-way over private property, receive from the underlying property owner permission for access to the property.
(4) Immediately inform the lead agency if any soil contaminated with hazardous materials is discovered.
(5) Comply with all conditions otherwise authorized by law, imposed by the city or county as part of any local agency permit process, and to comply with the Keene-Nejedly California Wetlands Preservation Act (Public Resources Code Section 5810, et seq.), the California Endangered Species Act (Fish and Game Code Section 2050, et seq.), other applicable state laws, and all applicable federal laws.
(d) For purposes of this section, “pipeline” is used as defined in subdivision (a) of Government Code Section 51010.5. This definition includes every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility which is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five such facilities in California.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080.23, Public Resources Code.
HISTORY

1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15285. Transit Agency Responses to Revenue Shortfalls.
Note     •     History

(a) CEQA does not apply to actions taken on or after July 1,1995 to implement budget reductions made by a publicly owned transit agency as a result of a fiscal emergency caused by the failure of agency revenues to adequately fund agency programs and facilities. Actions shall be limited to those directly undertaken by or financially supported in whole or in part by the transit agency pursuant to Section 15378(a)(1) or (2), including actions which reduce or eliminate the availability of an existing publicly owned transit service, facility, program, or activity.
(b) When invoking this exemption, the transit agency shall make a specific finding that there is a fiscal emergency. Before taking its proposed budgetary actions and making the finding of fiscal emergency, the transit agency shall hold a public hearing. After this public hearing, the transit agency shall respond within 30 days at a regular public meeting to suggestions made by the public at that initial hearing. The transit agency may make the finding of fiscal emergency only after it has responded to public suggestions.
(c) For purposes of this subdivision, “fiscal emergency” means that the transit agency is projected to have negative working capital within one year from the date that the agency finds that a fiscal emergency exists. “Working capital” is defined as the sum of all unrestricted cash, unrestricted short-term investments, and unrestricted short-term accounts receivable, minus unrestricted accounts payable. Employee retirements funds, including deferred compensation plans and Section 401(k) plans, health insurance reserves, bond payment reserves, worker's compensation reserves, and insurance reserves shall not be included as working capital.
(d) This exemption does not apply to the action of any publicly owned transit agency to reduce or eliminate a transit service, facility, program, or activity that was approved or adopted as a mitigation measure in any environmental document certified or adopted by any public agency under either CEQA or NEPA. Further, it does not apply to actions of the Los Angeles County Metropolitan Transportation Authority.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080 and 21080.32, Public Resources Code.
HISTORY

1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 19. Categorical Exemptions
§15300. Categorical Exemptions.
Note     •     History

Section 21084 of the Public Resources Code requires these guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA.
In response to that mandate, the Secretary for Resources has found that the following classes of projects listed in this article do not have a significant effect on the environment, and they are declared to be categorically exempt from the requirement for the preparation of environmental documents.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Renumbering and amendment of former Article 8 (Sections 15100-15129) to Article 19 (Sections 15300-15329) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15300.1. Relation to Ministerial Projects.
Note     •     History

Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. Since ministerial projects are already exempt, Categorical Exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. The inclusion of activities which may be ministerial within the classes and examples contained in this article shall not be construed as a finding by the Secretary for resources that such an activity is discretionary.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15300.2. Exceptions.
Note     •     History

(a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located--a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
(b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.
(c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
(d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.
(e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
(f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21084 and 21084.1, Public Resources Code; Wildlife Alive v. Chickering (1977) 18 Cal.3d190; League for Protection of Oakland's Architectural and Historic Resources v. City of Oakland (1997) 52 Cal.App.4th 896; Citizens for Responsible Development in West Hollywood v. City of West Hollywood (1995) 39 Cal.App.4th 925; City of Pasadena v. State of California (1993) 14 Cal.App.4th 810; Association for the Protection etc. Values v. City of Ukiah (1991) 2 Cal.App.4th 720; and Baird v. County of Contra Costa (1995) 32 Cal.App.4th 1464.
HISTORY

1. Amendment of subsection (b), new subsections (d)-(f) and amendment of  Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15300.3. Revisions to List of Categorical Exemptions.
Note     •     History

Any public agency may, at any time, request that a new class of Categorical Exemptions be added, or an existing one amended or deleted. This request must be made in writing to the Office of Planning and Research and shall contain detailed information to support the request. The granting of such request shall be by amendment to these guidelines.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15300.4. Application by Public Agencies.
Note     •     History

Each public agency shall, in the course of establishing its own procedures, list those specific activities which fall within each of the exempt classes, subject to the qualification that these lists must be consistent with both the letter and the intent expressed in the classes. Public agencies may omit from their implementing procedures classes and examples that do not apply to their activities, but they may not require EIRs for projects described in the classes and examples in this article except under the provisions of Section 15300.2.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15301. Existing Facilities.
Note     •     History

Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of an existing use.
Examples include but are not limited to:
(a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances;
(b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services;
(c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety).
(d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood;
(e) Additions to existing structures provided that the addition will not result in an increase of more than:
(1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or
(2) 10,000 square feet if:
(A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and
(B) The area in which the project is located is not environmentally sensitive.
(f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices;
(g) New copy on existing on and off-premise signs;
(h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of pesticides, as defined in Section 12753, Division 7, Chapter 2, Food and Agricultural Code);
(i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources;
(j) Fish stocking by the California Department of Fish and Game;
(k) Division of existing multiple family or single-family residences into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt;
(l) Demolition and removal of individual small structures listed in this subdivision;
(1) One single-family residence. In urbanized areas, up to three single-family residences may be demolished under this exemption.
(2) A duplex or similar multifamily residential structure. In urbanized areas, this exemption applies to duplexes and similar structures where not more than six dwelling units will be demolished.
(3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use.
(4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
(m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources.
(n) Conversion of a single family residence to office use.
(o) Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite waste.
(p) Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code; Bloom v. McGurk (1994) 26 Cal.App.4th 1307.
HISTORY

1. Amendment of subsections (c), (k), (l)(1)-(3) and (o), and amendment of Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsection (h) filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
4. Change without regulatory effect amending subsection (l) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
5. Editorial correction restoring inadvertently deleted subsection (l)(1) and correcting History 4 (Register 2011, No. 40).
§15302. Replacement or Reconstruction.
Note     •     History

Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to:
(a) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50 percent;
(b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity.
(c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. 
(d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15303. New Construction or Conversion of Small Structures.
Note     •     History

Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to:
(a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.
(b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units.
(c) A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.
(d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction.
(e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
(f) An accessory steam sterilization unit for the treatment of medical waste at a facility occupied by a medical waste generator, provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite waste.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New subsection (f) and amendment of Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Amendment filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15304. Minor Alterations to Land.
Note     •     History

Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to:
(a) Grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an official Seismic Hazard Zone, as delineated by the State Geologist.
(b) New gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire resistant landscaping.
(c) Filling of earth into previously excavated land with material compatible with the natural features of the site.
(d) Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production.
(e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.
(f) Minor trenching and backfilling where the surface is restored. 
(g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies.
(h) The creation of bicycle lanes on existing rights-of-way.
(i) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters.This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Amendment of subsections (a) and (b) and new subsection (i) filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15305. Minor Alterations in Land Use Limitations.
Note     •     History

Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to:
(a) Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel;
(b) Issuance of minor encroachment permits;
(c) Reversion to acreage in accordance with the Subdivision Map Act.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15306. Information Collection.
Note     •     History

Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15307. Actions by Regulatory Agencies for Protection of Natural Resources.
Note     •     History

Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15308. Actions by Regulatory Agencies for Protection of the Environment.
Note     •     History

Class 8 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code; International Longshoremen's and Warehousemen's Union v. Board of Supervisors, (1981) 116 Cal. App. 3d 265.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15309. Inspections.
Note     •     History

Class 9 consists of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15310. Loans.
Note     •     History

Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. Class 10 includes but is not limited to the following examples:
(a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943.
(b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15311. Accessory Structures.
Note     •     History

Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to:
(a) On-premise signs;
(b) Small parking lots;
(c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15312. Surplus Government Property Sales.
Note     •     History

Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4). However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if:
(a) The property does not have significant values for wildlife habitat or other environmental purposes, and
(b) Any of the following conditions exist:
(1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or
(2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or
(3) The use of the property and adjacent property has not changed since the time of purchase by the public agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Amendment filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15313. Acquisition of Lands for Wildlife Conservation Purposes.
Note     •     History

Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes including (a) preservation of fish and wildlife habitat, (b) establishing ecological reserves under Fish and Game Code Section 1580, and (c) preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Amendment filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15314. Minor Additions to Schools.
Note     •     History

Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. The addition of portable classrooms is included in this exemption.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15315. Minor Land Divisions.
Note     •     History

Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15316. Transfer of Ownership of Land in Order to Create Parks.
Note     •     History

Class 16 consists of the acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural condition or contains historical or archaeological resources and either:
(a) The management plan for the park has not been prepared, or
(b) The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological resources. CEQA will apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21084, 21083.2, and 21084.1, Public Resources Code.
HISTORY

1. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15317. Open Space Contracts or Easements.
Note     •     History

Class 17 consists of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area. The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15318. Designation of Wilderness Areas.
Note     •     History

Class 18 consists of the designation wilderness areas under the California Wilderness System.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15319. Annexations of Existing Facilities and Lots for Exempt Facilities.
Note     •     History

Class 19 consists of only the following annexations:
(a) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities.
(b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15320. Changes in Organization of Local Agencies.
Note     •     History

Class 20 consists of changes in the organization or reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Examples include but are not limited to:
(a) Establishment of a subsidiary district.
(b) Consolidation of two or more districts having identical powers.
(c) Merger with a city of a district lying entirely within the boundaries of the city.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15321. Enforcement Actions by Regulatory Agencies.
Note     •     History

Class 21 consists of::
(a) Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Such actions include, but are not limited to, the following:
(1) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard, or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement.
(2) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective.
(b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction.
(c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15322. Educational or Training Programs Involving No Physical Changes.
Note     •     History

Class 22 consists of the adoption, alteration, or termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. Examples include but are not limited to:
(a) Development of or changes in curriculum or training methods. 
(b) Changes in the grade structure in a school which do not result in changes in student transportation.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15323. Normal Operations of Facilities for Public Gatherings.
Note     •     History

Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. For the purposes of this section, “past history” shall mean that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15324. Regulations of Working Conditions.
Note     •     History

Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following:
(a) Employee wages,
(b) Hours of work, or
(c) Working conditions where there will be no demonstrable physical changes outside the place of work.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15325. Transfers of Ownership in Land to Preserve Existing Natural Conditions and Historical Resources.
Note     •     History

Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. Examples include but are not limited to:
(a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats.
(b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas.
(c) Acquisition, sale, or other transfer to allow restoration of natural conditions, including plant or animal habitats.
(d) Acquisition, sale, or other transfer to prevent encroachment of development into flood plains.
(e) Acquisition, sale, or other transfer to preserve historical resources.
(f) Acquisition, sale, or other transfer to preserve open space or lands for park purposes.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Amendment of section heading and section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. New subsection (f) filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15326. Acquisition of Housing for Housing Assistance Programs.
Note     •     History

Class 26 consists of actions by a redevelopment agency, housing authority, or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units. The housing units may be either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15327. Leasing New Facilities.
Note     •     History

(a) Class 27 consists of the leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency where the local governing authority determined that the building was exempt from CEQA. To be exempt under this section, the proposed use of the facility:
(1) Shall be in conformance with existing state plans and policies and with general, community, and specific plans for which an EIR or negative declaration has been prepared,
(2) Shall be substantially the same as that originally proposed at the time the building permit was issued,
(3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and
(4) Shall include the provision of adequate employee and visitor parking facilities.
(b) Examples of Class 27 include, but are not limited to:
(1) Leasing of administrative offices in newly constructed office space.
(2) Leasing of client service offices in newly constructed retail space.
(3) Leasing of administrative and/or client service offices in newly constructed industrial parks.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15328. Small Hydroelectric Projects at Existing Facilities.
Note     •     History

Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where:
(a) The capacity of the generating facilities is 5 megawatts or less,
(b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to:
(1) Rate and volume of flow,
(2) Temperature,
(3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and
(4) Timing of release.
(c) New power lines to connect the generating facilities to existing power lines will not exceed one mile in length if located on a new right of way and will not be located adjacent to a wild or scenic river.
(d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment.
(e) There will be no significant upstream or downstream passage of fish affected by the project.
(f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure.
(g) The project will not cause violations of applicable state or federal water quality standards.
(h) The project will not entail any construction on or alteration of a site included in or eligible for inclusion in the National Register of Historic Places, and
(i) Construction will not occur in the vicinity of any endangered, rare, or threatened species.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Amendment of subsection (i) and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15329. Cogeneration Projects at Existing Facilities.
Note     •     History

Class 29 consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section.
(a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will:
(1) Result in no net increases in air emissions from the industrial facility, or will produce emissions lower than the amount that would require review under the new source review rules applicable in the county, and
(2) Comply with all applicable state, federal, and local air quality laws.
(b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will:
(1) Meet all the criteria described in subdivision (a),
(2) Result in no noticeable increase in noise to nearby residential structures,
(3) Be contiguous to other commercial or institutional structures.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending subsection (b)(1) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15330. Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances.
Note     •     History

Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. 
(a) No cleanup action shall be subject to this Class 30 exemption if the action requires the onsite use of a hazardous waste incinerator or thermal treatment unit or the relocation of residences or businesses,or the action involves the potential release into the air of volatile organic compounds as defined in Health and Safety Code Section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. All actions must be consistent with applicable state and local environmental permitting requirements including, but not limited to, off-site  disposal, air quality rules such as those governing volatile organic compounds and water quality standards, and approved by the regulatory body with jurisdiction over the site. 
(b) Examples of such minor cleanup actions include but are not limited to:
(1) Removal of sealed, non-leaking drums or barrels of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination;
(2) Maintenance or stabilization of berms, dikes, or surface impoundments;
(3) Construction or maintenance of interim or temporary surface caps;
(4) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements;
(5) Excavation and/or offsite disposal of contaminated soils or sludges in regulated units;
(6) Application of dust suppressants or dust binders to surface soils;
(7) Controls for surface water run-on and run-off that meets seismic safety standards;
(8) Pumping of leaking ponds into an enclosed container;
(9) Construction of interim or emergency ground water treatment systems;
(10) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending first paragraph filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
3. Redesignation of portions of first paragraph as subsections (a)-(b), amendment of newly designated subsection (a) and redesignation of former subsections (a)-(j) as subsections (b)(1)-(10) filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15331. Historical Resource Restoration/Rehabilitation.
Note     •     History

Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15332. In--Fill Development Projects.
Note     •     History

Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section.
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value, as habitat for endangered, rare or threatened species.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 12-23-98; operative 12-23-98 pursuant to Public Resources Code section 21087 (Register 98, No. 52).
§15333. Small Habitat Restoration Projects.
Note     •     History

Class 33 consists of projects not to exceed five acres in size to assure the maintenance, restoration, enhancement, or protection of habitat for fish, plants, or wildlife provided that:
(a) There would be no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to section 15065,
(b) There are no hazardous materials at or around the project site that may be disturbed or removed, and
(c) The project will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.
(d) Examples of small restoration projects may include, but are not limited to:
(1) revegetation of disturbed areas with native plant species;
(2) wetland restoration, the primary purpose of which is to improve conditions for waterfowl or other species that rely on wetland habitat;
(3) stream or river bank revegetation, the primary purpose of which is to improve habitat for amphibians or native fish;
(4) projects to restore or enhance habitat that are carried out principally with hand labor and not mechanized equipment.
(5) stream or river bank stabilization with native vegetation or other bioengineering techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation; and
(6) culvert replacement conducted in accordance with published guidelines of the Department of Fish and Game or NOAA Fisheries, the primary purpose of which is to improve habitat or reduce sedimentation.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
HISTORY

1. New section filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 20. Definitions
§15350. General.
Note     •     History

The definitions contained in this article apply to terms used throughout the guidelines unless a term is otherwise defined in a particular section.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21083, Public Resources Code.
HISTORY

1. New Article 20 (Sections 15350-15387) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15351. Applicant.
Note     •     History

“Applicant” means a person who proposes to carry out a project which needs a lease, permit, license, certificate, or other entitlement for use or financial assistance from one or more public agencies when that person applies for the governmental approval or assistance.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21065, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15352. Approval.
Note     •     History

(a) “Approval” means the decision by a public agency which commits the agency to a definite course of action in regard to a project intended to be carried out by any person. The exact date of approval of any project is a matter determined by each public agency according to its rules, regulations, and ordinances. Legislative action in regard to a project often constitutes approval.
(b) With private projects, approval occurs upon the earliest commitment to issue or the issuance by the public agency of a discretionary contract, grant, subsidy, loan, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21061 and 21065, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15353. CEQA.
Note     •     History

“CEQA” means the California Environmental Quality Act, California Public Resources Code Sections 21000 et seq.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21050, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15354. Categorical Exemption.
Note     •     History

“Categorical exemption” means an exemption from CEQA for a class of projects based on a finding by the Secretary for Resources that the class of projects does not have a significant effect on the environment.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080(b)(10) and 21084, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15355. Cumulative Impacts.
Note     •     History

“Cumulative impacts” refer to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.
(a) The individual effects may be changes resulting from a single project or a number of separate projects.
(b) The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21083(b), Public Resources Code; Whitman v. Board of Supervisors, 88 Cal. App. 3d 397.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15356. Decision-Making Body.
Note     •     History

“Decision-making body” means any person or group of people within a public agency permitted by law to approve or disapprove the project at issue.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21003(b), Public Resources Code; Kleist v. City of Glendale (1976) 56 Cal. App. 3d 770.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15357. Discretionary Project.
Note     •     History

“Discretionary project” means a project which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. A timber harvesting plan submitted to the State Forester for approval under the requirements of the Z'berg-Nejedly Forest Practice Act of 1973 (Pub. Res. Code Sections 4511 et seq.) constitutes a discretionary project within the meaning of the California Environmental Quality Act. Section 21065(c).
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(a), Public Resources Code; Johnson v. State of California (1968) 69 Cal. 2d 782; People v. Department of Housing and Community Development (1975) 45 Cal. App. 3d 185; Day v. City of Glendale (1975) 51 Cal. App. 3d 817; N.R.D.C. v. Arcata National Corp. (1976) 59 Cal. App. 3d 959.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15358. Effects.
Note     •     History

“Effects” and “impacts” as used in these guidelines are synonymous.
(a) Effects include:
(1) Direct or primary effects which are caused by the project and occur at the same time and place.
(2) Indirect or secondary effects which are caused by the project and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect or secondary effects may include growth-inducing effects and other effects related to induced changes in the pattern of land use, population density, or growth rate, and related effects on air and water and other natural systems, including ecosystems.
(b) Effects analyzed under CEQA must be related to a physical change.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21068 and 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15359. Emergency.
Note     •     History

“Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(b)(2), (3) and (4), Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15360. Environment.
Note     •     History

“Environment” means the physical conditions which exist within the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The “environment” includes both natural and man-made conditions.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21060.5, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15361. Environmental Documents.
Note     •     History

“Environmental documents” means initial studies, negative declarations, draft and final EIRs, documents prepared as substitutes for EIRs and negative declarations under a program certified pursuant to Public Resources Code Section 21080.5, and documents prepared under NEPA and used by a state or local agency in the place of an initial study, negative declaration, or an EIR.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21061, 21080(b), 21080.5, 21108 and 21152, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15362. EIR--Environmental Impact Report.
Note     •     History

“EIR” or “environmental impact report” means a detailed statement prepared under CEQA describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects. The contents of an EIR are discussed in Article 9, commencing with Section 15120 of these guidelines. The term “EIR” may mean either a draft or a final EIR depending on the context.
(a) Draft EIR means an EIR containing the information specified in Sections 15122 through 15131.
(b) Final EIR means an EIR containing the information contained in the draft EIR, comments either verbatim or in summary received in the review process, a list of persons commenting, and the response of the lead agency to the comments received. The final EIR is discussed in detail in Section 15132.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21061, 21100 and 21151, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15363. EIS--Environmental Impact Statement.
Note     •     History

“EIS” or “Environmental Impact Statement” means an environmental impact document prepared pursuant to the National Environmental Policy Act (NEPA). NEPA uses the term EIS in the place of the term EIR which is used in CEQA.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21083.5, 21083.6 and 21083.7, Public Resources Code; 43 U.S.C.A. 4322(2)(c).
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15364. Feasible.
Note     •     History

“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002, 21002.1, 21004, 21061.1, 21080.5 and 21081, Public Resources Code; Section 4, Chapter 1438 of the Statutes of 1982.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15364.5. Greenhouse Gas.
Note     •     History

”Greenhouse gas” or “greenhouse gases” includes but is not limited to: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. 
NOTE

Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Section 38505(g), Health and Safety Code; and Section 21083.05, Public Resources Code.
HISTORY

1. New section filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).
§15365. Initial Study.
Note     •     History

“Initial study” means a preliminary analysis prepared by the lead agency to determine whether an EIR or a negative declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR. Use of the initial study is discussed in Article 5, commencing with Section 15060.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.1, 21080.2, 21080.3 and 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15366. Jurisdiction by Law.
Note     •     History

(a) “Jurisdiction by law” means the authority of any public agency:
(1) To grant a permit or other entitlement for use,
(2) To provide funding for the project in question, or
(3) To exercise authority over resources which may be affected by the project.
(b) A city or county will have jurisdiction by law with respect to a project when the city or county having primary jurisdiction over the area involved is:
(1) The site of the project;
(2) The area in which the major environmental effects will occur; and/or
(3) The area in which reside those citizens most directly concerned by any such environmental effects.
(c) Where an agency having jurisdiction by law must exercise discretionary authority over a project in order for the project to proceed, it is also a responsible agency, see Section 15381, or the lead agency, see Section 15367.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.3, 21080.4, 21104 and 21153, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15367. Lead Agency.
Note     •     History

“Lead agency” means the public agency which has the principal responsibility for carrying out or approving a project. The lead agency will decide whether an EIR or negative declaration will be required for the project and will cause the document to be prepared. Criteria for determining which agency will be the lead agency for a project are contained in Section 15051.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21165, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15368. Local Agency.
Note     •     History

“Local agency” means any public agency other than a state agency, board, or commission. Local agency includes but is not limited to cities, counties, charter cities and counties, districts, school districts, special districts, redevelopment agencies, local agency formation commissions, and any board, commission, or organizational subdivision of a local agency when so designated by order or resolution of the governing legislative body of the local agency.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21062 and 21151, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15369. Ministerial.
Note     •     History

“Ministerial” describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out. Common examples of ministerial permits include automobile registrations, dog licenses, and marriage licenses. A building permit is ministerial if the ordinance requiring the permit limits the public official to determining whether the zoning allows the structure to be built in the requested location, the structure would meet the strength requirements in the Uniform Building Code, and the applicant has paid his fee.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(b)(1), Public Resources Code; Johnson v. State of California, 69 Cal. 2d 782; Day v. City of Glendale, 51 Cal. App. 3d 817.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15369.5. Mitigated Negative Declaration.
Note     •     History

“Mitigated negative declaration” means a negative declaration prepared for a project when the initial study has identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21064.5, Public Resources Code.
HISTORY

1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15370. Mitigation.
Note     •     History

“Mitigation” includes:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action.
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
(c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.
(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.
(e) Compensating for the impact by replacing or providing substitute resources or environments.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002, 21002.1, 21081 and 21100(c), Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15371. Negative Declaration.
Note     •     History

“Negative declaration” means a written statement by the lead agency briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and therefore does not require the preparation of an EIR. The contents of a negative declaration are described in Section 15071.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(c), Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15372. Notice of Completion.
Note     •     History

“Notice of completion” means a brief notice filed with the Office of Planning and Research by a lead agency as soon as it has completed a draft EIR and is prepared to send out copies for review. The contents of this notice are explained in Section 15085.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code.
HISTORY

1. Amendment filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Change without regulatory effect amending section and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15373. Notice of Determination.
Note     •     History

“Notice of determination” means a brief notice to be filed by a public agency after it approves or determines to carry out a project which is subject to the requirements of CEQA. The contents of this notice are explained in Sections 15075 and 15094.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21108(a) and 21152, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15374. Notice of Exemption.
Note     •     History

“Notice of exemption” means a brief notice which may be filed by a public agency after it has decided to carry out or approve a project and has determined that the project is exempt from CEQA as being ministerial, categorically exempt, an emergency, or subject to another exemption from CEQA. Such a notice may also be filed by an applicant where such a determination has been made by a public agency which must approve the project. The contents of this notice are explained in Section 15062.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21108(b) and 21152(b), Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15375. Notice of Preparation.
Note     •     History

“Notice of preparation” means a brief notice sent by a lead agency to notify the responsible agencies, trustee agencies, the Office of Planning and Research, and involved federal agencies that the lead agency plans to prepare an EIR for the project. The purpose of the notice is to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the EIR. Public agencies are free to develop their own formats for this notice. The contents of this notice are described in Section 15082.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21080.4, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15376. Person.
Note     •     History

“Person” includes any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, district, city, county, city and county, town, the state, and any of the agencies and political subdivisions of such entities, and, to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21066, Public Resources Code.
HISTORY

1. Amendment of section and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending section and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15377. Private Project.
Note     •     History

A “private project” means a project which will be carried out by a person other than a governmental agency, but the project will need a discretionary approval from one or more governmental agencies for:
(a) A contract or financial assistance, or
(b) A lease, permit, license, certificate, or other entitlement for use.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21065, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15378. Project.
Note     •     History

(a) “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following:
(1) An activity directly undertaken by any public agency including but not limited to public works construction and related activities clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100-65700.
(2) An activity undertaken by a person which is supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.
(3) An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.
(b) Project does not include:
(1) Proposals for legislation to be enacted by the State Legislature;
(2) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making (except as they are applied to specific instances covered above);
(3) The submittal of proposals to a vote of the people of the state or of a particular community that does not involve a public agency sponsored initiative. (Stein v. City of Santa Monica, (1980) 110 Cal. App. 3d 458; Friends of Sierra Madre v. City of Sierra Madre (2001) 25 Cal.4th 165);
(4) The creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
(5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
(c) The term “project” refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term “project” does not mean each separate governmental approval.
(d) Where the lead agency could describe the project as either the adoption of a particular regulation under subdivision (a)(1) or as a development proposal which will be subject to several governmental approvals under subdivisions (a)(2) or (a)(3), the lead agency shall describe the project as the development proposal for the purpose of environmental analysis. This approach will implement the lead agency principle as described in Article 4.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; Simi Valley Recreation and Park District v. Local Agency Formation Commission of Ventura County (1975) 51 Cal.App.3d 648; and Communities for a Better Environment v. California Resources Agency (2002) 103 Cal.App.4th 98.
HISTORY

1. Amendment of subsection (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; operative 9-19-94 (Register 94, No. 33).
2. Amendment of subsection (a) and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
3. Amendment of subsections (b)(1)-(5) and amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
4. Change without regulatory effect repealing subsection (b)(5) and amending Note filed 7-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 30).
5. Amendment of subsection (b)(3) and new subsection (b)(5) filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
6. Change without regulatory effect amending subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15379. Public Agency.
Note     •     History

“Public agency” includes any state agency, board, or commission and any local or regional agency, as defined in these guidelines. It does not include the courts of the state. This term does not include agencies of the federal government.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21063, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15380. Endangered, Rare or Threatened Species.
Note     •     History

(a) “Species” as used in this section means a species or subspecies of animal or plant or a variety of plant.
(b) A species of animal or plant is:
(1) “Endangered” when its survival and reproduction in the wild are in immediate jeopardy from one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, disease, or other factors; or
(2) “Rare” when either:
(A) Although not presently threatened with extinction, the species is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or
(B) The species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and may be considered “threatened” as that term is used in the Federal Endangered Species Act.
(c) A species of animal or plant shall be presumed to be endangered, rare or threatened, as it is listed in:
(1) Sections 670.2 or 670.5, Title 14, California Code of Regulations; or
(2) Title 50, Code of Federal Regulations Sections 17.11 or 17.12 pursuant to the Federal Endangered Species Act as rare, threatened, or endangered.
(d) A species not included in any listing identified in subdivision (c) shall nevertheless be considered to be endangered, rare or threatened, if the species can be shown to meet the criteria in subdivision (b).
(e) This definition shall not include any species of the Class Insecta which is a pest whose protection under the provisions of CEQA would present an overwhelming and overriding risk to man as determined by:
(1) The Director of Food and Agriculture with regard to economic pests; or
(2) The Director of Health Services with regard to health risks.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21001(c), Public Resources Code.
HISTORY

1. Amendment of section heading, subsections (c), (c)(1) and (d), and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15381. Responsible Agency.
Note     •     History

“Responsible agency” means a public agency which proposes to carry out or approve a project, for which a lead agency is preparing or has prepared an EIR or negative declaration. For the purposes of CEQA, the term “responsible agency” includes all public agencies other than the lead agency which have discretionary approval power over the project.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002.1, 21069, 21080.1, 21080.3, 21080.4, 21167.2 and 21167.3, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15382. Significant Effect on the Environment.
Note     •     History

“Significant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21068, 21083, 21100 and 21151, Public Resources Code; Hecton v. People of the State of California, 58 Cal. App. 3d 653.
HISTORY

1. On November 23, 1986 the regulation (Title 14, § 895.1) became effective which clarifies the Board's regulatory interpretation of “effect” and “impact” as specified in CEQA (Public Resources Code § 21068 and § 21080.5(d)(2) and (3)) (Register 86, No. 4).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15383. State Agency.
Note     •     History

“State agency” means a governmental agency in the executive branch of the State Government or an entity which operates under the direction and control of an agency in the executive branch of State Government and is funded primarily by the State Treasury.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15384. Substantial Evidence.
Note     •     History

(a) “Substantial evidence” as used in these guidelines means enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Whether a fair argument can be made that the project may have a significant effect on the environment is to be determined by examining the whole record before the lead agency. Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or evidence of social or economic impacts which do not contribute to or are not caused by physical impacts on the environment does not constitute substantial evidence.
(b) Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080, 21082.2, 21168 and 21168.5, Public Resources Code; No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d 68; Running Fence Corp. v. Superior Court (1975) 51 Cal. App. 3d 400; Friends of B Street v. City of Hayward (1980) 106 Cal. App. 3d 988.
HISTORY

1. Amendment of section and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15385. Tiering.
Note     •     History

“Tiering” refers to the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs or ultimately site-specific EIRs incorporating by reference the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared. Tiering is appropriate when the sequence of EIRs is:
(a) From a general plan, policy, or program EIR to a program, plan, or policy EIR of lesser scope or to a site-specific EIR.
(b) From an EIR on a specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. Tiering in such cases is appropriate when it helps the lead agency to focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003, 21061 and 21100, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15386. Trustee Agency.
Note     •     History

“Trustee agency” means a state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. Trustee agencies include: (a) The California Department of Fish and Game with regard to the fish and wildlife of the state, to designated rare or endangered native plants, and to game refuges, ecological reserves, and other areas administered by the department.
(b) The State Lands Commission with regard to state owned “sovereign” lands such as the beds of navigable waters and state school lands.
(c) The State Department of Parks and Recreation with regard to units of the State Park System.
(d) The University of California with regard to sites within the Natural Land and Water Reserves System.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.3 and 21080.4, Public Resources Code.
HISTORY

1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15387. Urbanized Area.
Note

“Urbanized area” means a central city or a group of contiguous cities with a population of 50,000 or more, together with adjacent densely populated areas having a population density of at least 1,000 persons per square mile. A lead agency shall determine whether a particular area meets the criteria in this section either by examining the area or by referring to a map prepared by the U.S. Bureau of the Census which designates the area as urbanized. Maps of the designated urbanized areas can be found in the California EIR Monitor of February 7, 1979. The maps are also for sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The maps are sold in sets only as Stock Number 0301-3466. Use of the term “urbanized area” in Section 15182 is limited to areas mapped and designated as urbanized by the U.S. Bureau of the Census.
NOTE

Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Sections 21080.7, 21083 and 21084, Public Resources Code. 

Appendix A

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NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
HISTORY

1. Amendment of Appendix A filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5). For prior history, see Registers 80, No. 19 and 73, No. 50.

Appendix B

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Appendix B
Footnotes

No. 
1. Food and Agriculture--Effects on plants and animals. 
2. Food and Agriculture--Protection of food and fiber. 
3. Food and Agriculture--Agricultural, dairy and feed lot systems. 
4. Food and Agriculture--As pertains to transportation, handling, storage and decontamination of pesticides. 
5. Food and Agriculture--Pesticide effects, predatory animal control, bird control. 
6. California Highway Patrol--Enforcement of motor vehicle regulations. 
7. Health Services--Beach sanitation, water pollution, solid waste and mosquito control. 
8. Health Services--Pertains to health component. 
9. Health Services--Most of these are strongly related to health. 
10. Health Services--Pertains to noise. 
11. Health Services--Pertains to personal and environmental health components.
12. Health Services--As it may pertain to human health hazards. 
13. Health Services--Pertains to comprehensive health planning. 
14. Colorado River Board--As pertains to the Colorado, New and Alamo Rivers. 15. Fish and Game--As field development and distribution systems may affect fish and wildlife. 
16. Fish and Game--As may affect migrating and resident wildlife. 
17. Fish and Game--As excessive noise may affect wildlife. 
18. Fish and Game--As water quality may affect fish and wildlife. 
19. Parks and Recreation--In impacted areas only. 
20. Reclamation Board--In areas of Board's jurisdiction only--the Sacramento-San Joaquin Valley. 
21. State Water Resources Control Board--As may pertain to water quality. 
22. Forestry--With respect to forest land. 
23. Forestry--(6) and (32)--As related to fire protection or State (fire protection) responsibility land. 
24. Air Resources Board--(4), (22), (32), (33), and (36)--As may pertain to residential, commercial, industrial or transportation growth. 
25. San Francisco Bay Conservation and Development Commission--(3), (17), (19), and (30)--With respect to San Francisco Bay, Suisun Bay and adjacent shore areas. 
26. California Coastal Commission--(3), (4), (6), (8), (11), (12), (14), (15), (17), (19), (22), (23), (26), (29), (30), (31), (34), (35), and (36)--With respect to effects within the California Coastal Zone. 
27. California Tahoe Regional Planning Agency--With respect to effects in the Tahoe Basin. 
28. Native American Heritage Commission--With respect to places of special religious or social significance to Native Americans including archaeological sites, cemeteries, and places of worship.
NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.3, 21080.4, 21104, and 21153, Public Resources Code.
HISTORY

1. Amendment of Appendix B filed 12-15-73 as an emergency; effective upon filing. Certificate of Compliance included (Register 73, No. 50).
2. Amendment of Appendix B filed 10-8-76; effective thirtieth day thereafter (Register 76, No. 41). NOTE: Order designated that compliance with this amendment is authorized but not mandatory before 1-1-77.
3. Amendment of Appendix B and Footnotes filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19). 

Appendix C
Notice of Completion & Environmental Document Transmittal

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Appendix C
Notice of Completion & Environmental Document Transmittal (continued)

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NOTE

Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code.
HISTORY

1. Amendment of Appendix C filed 12-14-73 as an emergency; effective upon filing. Certificate of Compliance included (Register 73, No. 5).
2. Amendment of Appendix C filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5). 
3. Repealer and new appendix filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
4. Change without regulatory effect repealing and adopting new Appendix C and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
5. Change without regulatory effect amending Appendix C filed 10-21-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 43).

Appendix D

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NOTE

Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Sections 21000-21174, Public Resources Code.
HISTORY

1. New Appendix D filed 12-14-73 as an emergency; effective upon filing. Certificate of Compliance included (Register 73, No. 50).
2. Repealer and new Appendix D filed 1-3-75; designated effective 4-1-75 (Register 75, No. 1).
3. Amendment filed 2-2-78; effective thirtieth day thereafter (Register 78, No. 5).
4. Amendment filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19).
5. Amendment of Appendix D filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5).
6. Amendment filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
7. Change without regulatory effect repealing and adopting new Appendix D and amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
8. Change without regulatory effect amending appendix filed 12-9-2011 pursuant to section 100, title 1, California Code of Regulations; operative 1-1-2012 pursuant to AB 320, Hill (signed 10-10-2011, effective 1-1-2012) (Register 2011, No. 49).

Appendix E

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NOTE

Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Sections 21108, 21152 and 21167, Public Resources Code.
HISTORY

1. New Appendix = filed 3-26-74 as an emergency; effective upon filing (Register 74, No. 13).
2. Certificate of Compliance filed 6-26-74 (Register 74, No. 26). 
3. Amendment filed 1-3-75; designated effective 4-1-75 (Register 75, No. 1).
4. Amendment of Appendix = filed 1-30-86; effective thirtieth day thereafter (Register 86, No. 5). 
5. Change without regulatory effect amending Note filed 7-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 30).
6. Change without regulatory effect amending appendix and Note filed 12-9-2011 pursuant to section 100, title 1, California Code of Regulations; operative 1-1-2012 pursuant to AB 320, Hill (signed 10-10-2011, effective 1-1-2012) (Register 2011, No. 49).

Appendix F

Energy Conservation
I. Introduction
The goal of conserving energy implies the wise and efficient use of energy. The means of achieving this goal include:
(1) decreasing overall per capita energy consumption,
(2) decreasing reliance on fossil fuels such as coal, natural gas and oil, and
(3) increasing reliance on renewable energy sources.
In order to assure that energy implications are considered in project decisions, the California Environmental Quality Act requires that EIRs include a discussion of the potential energy impacts of proposed projects, with particular emphasis on avoiding or reducing inefficient, wasteful and unnecessary consumption of energy (see Public Resources Code section 21100(b)(3)). Energy conservation implies that a project's cost effectiveness be reviewed not only in dollars, but also in terms of energy requirements. For many projects, cost effectiveness may be determined more by energy efficiency than by initial dollar costs. A lead agency may consider the extent to which an energy source serving the project has already undergone environmental review that adequately analyzed and mitigated the effects of energy production. 
II. EIR Contents
Potentially significant energy implications of a project shall be considered in an EIR to the extent relevant and applicable to the project. The following list of energy impact possibilities and potential conservation measures is designed to assist in the preparation of an EIR. In many instances specific items may not apply or additional items may be needed. Where items listed below are applicable or relevant to the project, they should be considered in the EIR.
A. Project Description may include the following items:
1. Energy consuming equipment and processes which will be used during construction, operation and/or removal of the project. If appropriate, this discussion should consider the energy intensiveness of materials and equipment required for the project.
2. Total energy requirements of the project by fuel type and end use.
3. Energy conservation equipment and design features.
4. Identification of energy supplies that would serve the project.
5. Total estimated daily vehicle trips to be generated by the project and the additional energy consumed per trip by mode.
B. Environmental Setting may include existing energy supplies and energy use patterns in the region and locality.
C. Environmental Impacts may include:
1. The project's energy requirements and its energy use efficiencies by amount and fuel type for each stage of the project including construction, operation, maintenance and/or removal. If appropriate, the energy intensiveness of materials maybe discussed.
2. The effects of the project on local and regional energy supplies and on requirements for additional capacity.
3. The effects of the project on peak and base period demands for electricity and other forms of energy.
4. The degree to which the project complies with existing energy standards.
5. The effects of the project on energy resources.
6. The project's projected transportation energy use requirements and its overall use of efficient transportation alternatives.
D. Mitigation Measures may include:
1. Potential measures to reduce wasteful, inefficient and unnecessary consumption of energy during construction, operation, maintenance and/or removal. The discussion should explain why certain measures were incorporated in the project and why other measures were dismissed.
2. The potential of siting, orientation, and design to minimize energy consumption, including transportation energy, increase water conservation and reduce solid-waste.
3. The potential for reducing peak energy demand.
4. Alternate fuels (particularly renewable ones) or energy systems.
5. Energy conservation which could result from recycling efforts.
E. Alternatives should be compared in terms of overall energy consumption and in terms of reducing wasteful, inefficient and unnecessary consumption of energy.
F. Unavoidable Adverse Effects may include wasteful, inefficient and unnecessary consumption of energy during the project construction, operation, maintenance and/or removal that cannot be feasibly mitigated.
G. Irreversible Commitment of Resources may include a discussion of how the project preempts future energy development or future energy conservation.
H. Short-Term Gains versus Long-Term Impacts can be compared by calculating the project's energy costs over the project's lifetime.
I. Growth Inducing Effects may include the estimated energy consumption of growth induced by the project.
NOTE

Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Sections 21000-21176. Public Resources Code.
HISTORY

1. New Appendix F filed 12-31-74 as an emergency; designated effective 1-7-75 (Register 75, No. 1).
2. Certificate of Compliance filed 4-29-75 (Register 75, No. 18).
3. Repealer and new Appendix F filed 10-8-76; effective thirtieth day thereafter (Register 76, No. 41). NOTE: Order designates that compliance with this appendix is authorized but not mandatory before 1-1-77.
4. Amendment of Section II filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19). 
5. Change without regulatory effect amending section II.D.2. filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
6. Amendment of Appendix F filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).

Appendix G  Environmental Checklist Form

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NOTE

Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Section 65088.4, Government Code; Sections 21080(c), 21080.1, 21080.3, 21082.1, 21083, 21083.05, 21083.3, 21093, 21094, 21095 and 21151, Public Resources Code; Sundstrom v. County of Mendocino (1988) 202 Cal.App.3d 296; Leonoff v. Monterey Board of Supervisors (1990) 222 Cal.App.3d 1337; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th at 1109; and San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656.
HISTORY

1. New Appendix G filed 10-8-76; effective thirtieth day thereafter (Register 76, No 41). NOTE: Order designated that compliance with this appendix is authorized but not mandatory before 1-1-77.
2. Amendment of subsections (n) and (o) filed 2-2-78; effective thirtieth day thereafter (Register 78, No. 5).
3. Amendment of subsections (j) and (v) and new subsections (y) and (z) filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19). 
4. Amendment of first paragraph and subsection (c) filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
5. Repealer of former Appendix G and relettering and amendment of former Appendix I to new Appendix G filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
6. Change without regulatory effect amending Appendix G filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
7. Amendment of Appendix G and Note filed 2-16-2010; operative 3-18-2010 (Register 2010, No. 8).

Appendix H

Environmental Information Form

(To be completed by applicant) 

Date Filed ____________________ 
GENERAL INFORMATION

1. Name and address of developer or project sponsor: 	

2. Address of project: 	
Assessor's Block and Lot Number 	

3. Name, address, and telephone number of person to be contacted concerning this project:	

4. Indicate number of the permit application for the project to which this form pertains: 	

5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 	

6. Existing zoning district: 	

7. Proposed use of site (Project for which this form is filed): 
	
PROJECT DESCRIPTION
8. Site size.
9. Square footage.
10. Number of floors of construction.
11. Amount of off-street parking provided.
12. Attach plans.
13. Propose scheduling.
14. Associated projects.
15. Anticipated incremental development.
16. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected.
17. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities.
18. If industrial, indicate type, estimated employment per shift, and loading facilities.
19. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project.
20. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required.
Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). 

YES  NO 
___ ___ 21. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours. 
___ ___ 22. Change in scenic views or vistas from existing residential areas or public lands or roads. 
___ ___ 23. Change in pattern, scale or character of general area of project.
___ ___ 24. Significant amounts of solid waste or litter. 
___ ___ 25. Change in dust, ash, smoke, fumes or odors in vicinity. 
___ ___ 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 
___ ___ 27. Substantial change in existing noise or vibration levels in the vicinity. 
___ ___ 28. Site on filled land or on slope of 10 percent or more. 
___ ___ 29. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 
___ ___ 30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 
___ ___ 31. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 
___ ___ 32. Relationship to a larger project or series of projects. 
ENVIRONMENTAL SETTING
33. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or polaroid photos will be accepted.
34. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted.

CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. 
Date	   	
                                                                                    (Signature)
	For 	
Note: This is only a suggested form. Public agencies are free to devise their own format for initial studies.)
NOTE

Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
HISTORY

1. New Appendix H filed 10-8-76; effective thirtieth day thereafter (Register 76, No. 40). NOTE: Order designates that compliance with this appendix is authorized but not mandatory before 1-1-77.
2. Amendment filed 2-2-78; effective thirtieth day thereafter (Register 78, No. 5).  

Appendix I

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Reference: California Administrative Code, Title 14, Sections 15035.7, 15054.3, 15066.
HISTORY

1. Repealer and new Appendix I filed 8-19-94; operative 9-19-94 (Register 94, No. 33). For prior history, see Register 80, No. 19.
2. Relettering of former Appendix I to Appendix G and relettering of former Appendix J to new Appendix I filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).

Appendix J   Examples of Tiering EIR's

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SPECIAL SITUATIONS/EIRs

Multiple-family residential development/residential and commercial or retail mixed-use development (PRC 21158.5 and Guideline § 15179.5)

·  project is multiple-family residential development up to 100 units or is a residential and commercial or retail mixed-use development of not more than 100,000 square feet

· if project complies with procedures in section 21158.5, only a focused EIR need be prepared, notwithstanding the fact that the project wasn't identified in the Master EIR  

Redevelopment Project (15180)

· all public and private activities or undertakings in furtherance of a redevelopment plan (public or private) constitute a single project

· the redevelopment plan EIR is treated as a program EIR

· no subsequent EIR is required for individual components of the redevelopment plan unless substantial changes or substantial new information triggers a subsequent EIR or supplement to an EIR pursuant to (sections 15162 or 15163)

Housing/neighborhood commercial facilities (15181)

· a project involving construction of housing or neighborhood commercial facilities in an urbanized area

· a prior EIR for a specific plan, local coastal program, or port master plan may be used as the EIR for such a project (no new EIR need be prepared) provided section 15181 procedures are complied with

Projects Consistent with Community Plan, General Plan, or Zoning (15183)

· a project which is consistent with a community plan adopted as part of a general plan or zoning ordinance or a general plan of a local agency and where there was an EIR certified for the zoning action or master plan

· the EIR for the residential project need only examine certain significant environmental effects, as outlined in section 15183

Regulations on Pollution Control Equipment (PRC section 21159)

· section 21159 requires environmental analysis of reasonably foreseeable methods of compliance at the time of adoption of rule or regulation requiring the installation of pollution control equipment

· an EIR prepared at the time of adoption of the rule or regulation is deemed to satisfy the requirement of section 21159

Installation of Pollution Control Equipment (PRC section 21159.1)

· a focused EIR is permitted where project 1) consists solely of installation of pollution control equipment; 2) is required by rule or regulation adopted by the State Air Resources Board, an air pollution control district or air quality management district, the State Water Resources Control Board, a California regional water quality control board, the Dept. of Toxic Substances Control, or the California Integrated Waste Management Board; and 3) meets the procedural requirements outlined in section 21159.1
HISTORY

1. New Appendix J filed 2-2-78; effective thirtieth day thereafter (Register 78, No. 5). 
2. Relettering of former Appendix J to Appendix I and new Appendix J filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).

Appendix K

Criteria for Shortened Clearinghouse Review
Under exceptional circumstances, and when requested in writing by the lead agency, the State Clearinghouse in the Office of Planning and Research (OPR) may shorten the usual review periods for proposed negative declarations, mitigated negative declarations and draft EIRs submitted to the Clearinghouse. A request must be made by the decision-making body of the lead agency, or by a properly authorized representative of the decision-making body. 
A shortened review period may be granted when any of the following circumstances exist:
(1) The lead agency is operating under an extension of the one-year period for completion of an EIR and would not otherwise be able to complete the EIR within the extended period.
(2) The public project applicant is under severe time constraints with regard to obtaining financing or exercising options which cannot be met without shortening the review period.
(3) The document is a supplement to a draft EIR or proposed negative declaration or mitigated negative declaration previously submitted to the State Clearinghouse.
(4) The health and safety of the community would be at risk unless the project is approved expeditiously.
(5) The document is a revised draft EIR, or proposed negative declaration or mitigated negative declaration, where changes in the document are primarily the result of comments from agencies and the public.
Shortened review cannot be provided to a draft EIR or proposed negative declaration or mitigated negative declaration which has already begun the usual review process. Prior to requesting shortened review, the lead agency should have already issued a notice of preparation and received comments from applicable State agencies, in the case of an EIR, or consulted with applicable State agencies, in the case of a proposed negative declaration or mitigated negative declaration. 
No shortened review period shall be granted unless the lead agency has contacted and obtained prior approval for a shortened review from the applicable state responsible and trustee agencies. No shortened review shall be granted for any project which is of statewide, regional, or areawide significance, as defined in Section 15206 of the guidelines.
HISTORY

1. New Appendix K filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Repealer of Appendix K and relettering of former Appendix L to new Appendix K filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).

Appendix L

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NOTE

Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Sections 21092, 21152 and 21153, Public Resources Code.
HISTORY

1. New Appendix L filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37). For prior history, see Register 98, No. 44.
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Chapter 4. Resources Agency--Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Section 11409(a), that the printing of the regulations constituting the Conflict of Interest Code is impractical and these regulations being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations:

RESOURCES AGENCY
1416 NINTH STREET, ROOM 1311
SACRAMENTO, CALIFORNIA 95814

FAIR POLITICAL PRACTICES COMMISSION
1100 K STREET
SACRAMENTO, CALIFORNIA 95814

ARCHIVES
SECRETARY OF STATE
1020 O STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Chapter 4, Division 6 of Title 14 of the California Code of Regulations, and consists of sections numbered and titled as follows:

Chapter 4. Resources Agency--Conflict of Interest Code

	Section
	15411.	General Provisions

		Appendix
NOTE

Authority cited: Sections 87300 and 87304, Government Code. Reference: Sections 87300 et seq., Government Code.
HISTORY

1. New Chapter 4 (Sections 15411-15454, not consecutive) filed 2-2-78; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-7-77 (Register 78, No. 5)
2. Repealer of Chapter 4 (Articles 1-5, Sections 15411-15454, not consecutive) and new Chapter 4 (Section 15411 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Amendment of section and appendix filed 11-21-95; operative 12-21-95. Approved by Fair Political Practices Commission 9-28-95. Submitted to OAL for printing only (Register 95, No. 47).
4. Amendment of general provisions and appendix filed 7-28-2006; operative 8-27-2006. Approved by Fair Political Practices Commission 5-24-2006 (Register 2006, No. 30).
Chapter 4. Resources Agency--Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Section 11409(a), that the printing of the regulations constituting the Conflict of Interest Code is impractical and these regulations being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations:

RESOURCES AGENCY
1416 NINTH STREET, ROOM 1311
SACRAMENTO, CALIFORNIA 95814

FAIR POLITICAL PRACTICES COMMISSION
1100 K STREET
SACRAMENTO, CALIFORNIA 95814

ARCHIVES
SECRETARY OF STATE
1020 O STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Chapter 4, Division 6 of Title 14 of the California Code of Regulations, and consists of sections numbered and titled as follows:

Chapter 4. Resources Agency--Conflict of Interest Code

	Section

	15411.	General Provisions

		Appendix
NOTE

Authority cited: Sections 87300 and 87304, Government Code. Reference: Sections 87300 et seq., Government Code.
HISTORY

1. New Chapter 4 (Sections 15411-15454, not consecutive) filed 2-2-78; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-7-77 (Register 78, No. 5)
2. Repealer of Chapter 4 (Articles 1-5, Sections 15411-15454, not consecutive) and new Chapter 4 (Section 15411 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Amendment of section and appendix filed 11-21-95; operative 12-21-95. Approved by Fair Political Practices Commission 9-28-95. Submitted to OAL for printing only (Register 95, No. 47).
Division 6.3. Office of Planning and Research
Chapter 1. Regulations for Designation of Lead Agency for the Preparation of Environmental Documents
Article 1. General
§16000. Authority.
Note     •     History

The regulations contained herein are prescribed by the Director of the Office of Planning and Research pursuant to authority granted in Div. 13, Pub. Resources Code and Title 7, Division 1, Chapter 1.5, Gov. Code, and to implement, interpret or make specific Section 21165 of the Pub. Resources Code consistent with the Guidelines for Implementation of the California Environmental Quality Act of 1970 (Div. 6, Title 14, Cal. Adm. Code) and to establish criteria and procedures for designation of the lead agency for the preparation of environmental documents in the event of a dispute between two or more public agencies.
NOTE

Authority cited: Section 21082, Public Resources Code and Title 7, Division 1, Chapter 1.5, Gov. Code. Reference: Section 21165, Public Resources Code.
HISTORY

1. New Division 6.3 (§§ 16000 through 16041) filed 4-12-74; effective thirtieth day thereafter (Register 74, No. 5).
2. Amendment filed 11-22-78; effective thirtieth day thereafter (Register 78, No. 47).
Article 2. Purpose
§16001. Purpose.

The purpose of these regulations is to specify the criteria and procedures to be followed by the Office of Planning and Research in resolving lead agency disputes.
Article 3. Policy
§16002. Policy.

It is the policy of the Office of Planning and Research that these regulations implement the principles, objectives and criteria for the designation of a lead agency specified in the State Guidelines.
Article 4. Submission of Dispute to OPR
§16010. Definitions.
Note     •     History

Words used in these regulations, unless otherwise defined, shall have the meaning ascribed to them in the State Guidelines. In addition, the following definitions not contained in the State Guidelines are used:
(a) State Guidelines means the Guidelines for Implementation of the California Environmental Quality Act of 1970 adopted by the Secretary for Resources (Div. 6, Title 14, Cal. Adm. Code Sections 15000-15180).
(b) OPR means the Office of Planning and Research.
(c) Director means the Director of the Office of Planning and Research or the Director's designee.
(d) Interested Person means public agencies having jurisdiction over the project, public agencies which approve or comment on the project, consultants hired with respect to the project, and individuals or groups known to be interested in the project.
NOTE

Authority cited: Division 13, Public Resources Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section 21165, Public Resources Code.
HISTORY

1. Repealer of Article 4 (Sections 16010-16017) and new Article 4 (Sections 16010-16016, not consecutive) filed 11-22-78;effective thirtieth day thereafter (Register 78, No. 47).
§16011. General.
Note

In the event a dispute arises between two or more public agencies as to which agency shall be a “lead agency” pursuant to the State Guidelines, the following procedures and criteria shall apply.
NOTE

Authority cited: Division 13, Public Resources Code; Title 7, Division 1, Chapter 1.5. Government Code Reference Section 21165, Public Resources Code.
§16012. Dispute, What Constitutes.
Note

As used in these regulations, ``dispute'' means a contested, active difference of opinion between two or more public agencies as to which shall prepare environmental documents. A dispute exists where each such public agency claims that it either has or does not have the obligation to prepare such environmental documents. OPR will not designate the lead agency in the absence of such a dispute.
NOTE

Authority cited: Division 13, Public Resources Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section 21165, Public Resources Code.
§16013. Public Agency Consultation.
Note

Prior to submission of a request for designation to OPR, the disputing agencies, or the disputing agencies and the project applicant for a project described in subdivision (c) of Section 21065 if such applicant requests the designation, shall consult with each other in an effort to resolve the dispute pursuant to the State Guidelines. Such consultation should include efforts to designate a lead agency by agreement. Such agencies or applicant may request OPR to assist in arranging for this consultation.
NOTE

Authority cited: Division 13, Public Resources Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section 21165, Public Resources Code.
§16014. Request for Designation.
Note

A request for designation of the lead agency pursuant to this Article shall be made in writing to the Director. It shall be signed by an executive of the public agency making the request, or by the project applicant for a project described in subdivision (c) of Section 21065 if such applicant requests the designation. A complete request shall set forth:
(a) The general nature of the dispute,
(b) The other disputing agencies,
(c) Written information showing that the requesting agency or project applicant and the other disputing agencies have consulted pursuant to Section 16013 in an effort to resolve the dispute,
(d) A statement of contentions pursuant to Section 16015 from the agency or project applicant requesting the designation, and
(e) Written information showing that the agency or applicant requesting the designation has given notice in writing to, and such notice has been received by, all disputing agencies and the project applicant, stating that; i) the dispute is being submitted to OPR for resolution; and that, ii) each disputing agency is required to prepare and send a statement of contentions to OPR within 10 days after receipt of such notice.
OPR may require as a part of the application that notice of the request be published in newspapers of general circulation where the lead agency dispute exists. Such notice may allow for submission of written comments on or before a specified date, and it may also state whether or not a hearing will be held, and may specify the time and place of the hearing.
NOTE

Authority cited: Division 13, Public Resources Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section 21165, Public Resources Code.
§16015. Statement of Contentions: List of Interested Persons.
Note

(a) In the event that the lead agency dispute is not resolved by consultation pursuant to Section 16013, and upon a request for designation made pursuant to Section 16014, the Director shall require a statement of contentions from each disputing agency and from the project applicant if requesting the designation, and may require a statement of contentions from the project applicant if not requesting the designation.
(b) Each disputing agency shall prepare a written statement of contentions in support of its claim as to which agency should or should not be the lead agency. The statement shall contain the following information:
(1) A description of the project.
(2) A description of the agency's responsibility for constructing, approving, supervising, and financing the project as a whole.
(3) Citation of the agency's general governmental powers relating to the project.
(4) Data outlining all aspects of the agency's relationship to the project.
(5) The date the agency first undertook formal action, if any, on the project and a chronology of actions taken and to be taken concerning the project.
(6) A list of all interested persons who might comment on the project.
(7) Such other information as the Director may require.
(c) The project applicant requesting the designation, or a project applicant required by the Director pursuant to subdivision (a), shall prepare a written statement of contentions which shall contain the following information:
(1) A description of the project.
(2) A list of all interested persons who might comment on the project.
(3) A brief statement as to which disputing agency, if any, the applicant believes is appropriate to adequately fulfill the requirements of CEQA and complies with the lead agency criteria set forth in State Guidelines Section 15065, and the applicant's reasons in support thereof.
(4) Such other information as the Director determines would assist in designating the appropriate lead agency.
NOTE

Authority cited: Division 13, Public Resources Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section 21165, Public Resources Code.
§16016. Distribution of Statement.
Note

Each disputing agency shall mail a copy of the statement of contentions to all other disputing agencies, to the applicant, and to OPR within 10 calendar days after the agency receives the notice specified in Section 16014. If an agency requested the designation, the agency shall mail such statement to all other disputing agencies and to the applicant when the agency submits a completed request to OPR. Each disputing agency shall make such statement or an informative summary thereof available to all interested persons upon request. If an informative summary is used, interested persons shall be given the full statement of contentions upon request.
NOTE

Authority cited: Division 13, Public Resources Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section 21165, Public Resources Code.
Article 5. Designation on the Statements
§16020. Designation on the Statements.
Note     •     History

The Director may designate a lead agency on the basis of the completed requests and written statements, or may require a hearing. The Director may request additional written information from any disputing agency, applicant, or interested person without extending the time period for designation provided in Section 16021. Written notice of such request shall be given to all disputing agencies and the project applicant if the applicant has been required to submit a statement of contentions.
NOTE

Authority cited: Division 13, Public Resources Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section 21165, Public Resources Code.
HISTORY

1. Amendment filed 11-22-78; effective thirtieth day thereafter (Register 78, No. 47).
§16021. Designation: Findings.
Note     •     History

In making a designation of lead agency, the Director shall find which of the disputing agencies is most appropriate to carry out the obligations of a lead agency. In making this finding, the Director shall consider the capacity of each such agency adequately to fulfill the requirements of CEQA. In addition, the Director shall consider the lead agency criteria set forth in the State Guidelines Section 15065. Generally, such criteria will control unless the Director finds that another agency has greater capacity to carry out the requirements of CEQA. The designation shall be made within 21 calendar days of receipt by OPR of the completed request for designation.
NOTE

Authority cited: Division 13, Public Resources Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section 21165, Public Resources Code.
HISTORY

1. Amendment filed 11-22-78; effective thirtieth day thereafter (Register 78, No. 47).
§16022. Designation: Form.

The designation shall be in writing and it shall be published in the California EIR Monitor and made available to all public agencies involved in the dispute and to all interested persons. The designation shall name the lead agency and it shall include findings upon which the designation is made. It shall be signed by the director.
Article 6. Hearing
§16030. Hearing: When Called.
Note     •     History

If the Director finds on the basis of consultation pursuant to Section 16013 or the completed request for designation that the dispute involves issues of general application to other projects, or is of regional or statewide impact, or that the project involves substantial public interest or concern, the Director may require a hearing prior to making a designation. Notice of the time and place of the hearing shall be published in newspapers of general circulation where the dispute exists and be sent to all interested parties, disputing agencies, and the applicant not later than 7 calendar days after receiving the completed request for designation.
NOTE

Authority cited: Division 13, Public Resources Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section 21165, Public Resources Code.
HISTORY

1. Amendment filed 11-22-78; effective thirtieth day thereafter (Register 78, No. 47).
§16031. Presiding Officer.
Note     •     History

The presiding officer at the hearing shall be the Director or any other person designated by the Director.
NOTE

Authority cited: Division 13, Public Resources Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section 21165, Public Resources Code.
HISTORY

1. Amendment filed 11-22-78; effective thirtieth day thereafter (Register 78, No. 47).
§16032. Order of Proceedings.

(a) The hearing will ordinarily proceed in the following order:
(1) Identification of the dispute and a brief, fair summary of correspondence received by the presiding officer.
(2) Presentation by or on behalf of the disputing agency which initially submitted a request for certification pursuant to Section 16014, if such agency wishes to expand upon the material contained in its statement of contentions.
(3) Other disputing agencies wishing to expand upon the material contained in their statement of contentions.
(4) Other speakers concerning the dispute. Any person wishing to speak shall be heard.
(b) Questions by the presiding officer may be asked at any time during any presentations.
(c) A record of the testimony may be made.
§16033. Presentations.

Presentations shall be to the point, shall be as brief as possible and shall assume that OPR is familiar with the dispute from reading the statement of contentions.
§16034. Summary of Hearing.

The presiding officer may prepare a summary of the testimony at the hearing and shall prepare a recommended decision. The director shall consider the summary and recommended decision together with the statement of contentions and any other material presented at the hearing in making his decision.
§16035. Designation: Findings.

The provisions of Section 16021 shall apply to a designation made pursuant to this Article.
Article 7. Administrative Record
§16040. Administrative Record.
Note     •     History

For the purposes of any court proceeding, the administrative record of OPR shall be deemed to be the request or requests for designation, the statement of contentions, the correspondence received with regard to the dispute, evidence introduced at the hearing, if any, the record of the hearing, if one is made, the hearing summary and recommended decision, and any other evidence considered by the Director.
NOTE

Authority cited: Division 13, Public Resources Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section 21165, Public Resources Code.
HISTORY

1. Amendment filed 11-22-78; effective thirtieth day thereafter (Register 78, No. 47).
§16041. Final Decision.

The decision of the director, whether made under Article 5. or 6. of this Division, shall be final and binding on the parties to the dispute.
Division 7. California Integrated Waste Management Board
Chapter 1. General Provisions
Article 1. Emergency Waiver of Standards
§17000. Waiver of Standards.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New article 1 heading and section filed 2-11-93 as an emergency; operative 2-11-93 (Register 93, No. 7). A Certificate of Compliance must be transmitted to OAL 6-11-93 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 93, No. 4.
2. Repealed by operation of Government Code section 11346.1(g) (Register 93, No. 46). 
3. New section filed 11-12-93 as an emergency; operative 11-12-93 (Register  93, No. 46). A Certificate of Compliance must be transmitted to OAL 3-12-94 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 3 (Register 95, No. 36).
5. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 36).
§17001. Purpose and Limitations of Waiver.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 2-11-93 as an emergency; operative 2-11-93 (Register 93, No. 7). A Certificate of Compliance must be transmitted to OAL 6-11-93 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 93, No. 4.
2. Repealed by operation of Government Code section 11346.1(g) (Register 93, No. 46). 
3. New section filed 11-12-93 as an emergency; operative 11-12-93 (Register  93, No. 46). A Certificate of Compliance must be transmitted to OAL 3-12-94 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 6).
5. Editorial correction of History 3, adding History 4, and deleting text (Register 95, No. 36).
§17002. Reporting Requirement.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 2-11-93 as an emergency; operative 2-11-93 (Register 93, No. 7). A Certificate of Compliance must be transmitted to OAL 6-11-93 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 93, No. 4.
2. Repealed by operation of Government Code section 11346.1(g) (Register 93, No. 46). 
3. New section filed 11-12-93 as an emergency; operative 11-12-93 (Register  93, No. 46). A Certificate of Compliance must be transmitted to OAL 3-12-94 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 6).
5. Editorial correction of History 3, adding History 4, and deleting text (Register 95, No. 36).
§17003. Effect on Other Standards.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 2-11-93 as an emergency; operative 2-11-93 (Register 93, No. 7). A Certificate of Compliance must be transmitted to OAL 6-11-93 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 93, No. 4.
2. Repealed by operation of Government Code section 11346.1(g) (Register 93, No. 46). 
3. New section filed 11-12-93 as an emergency; operative 11-12-93 (Register  93, No. 46). A Certificate of Compliance must be transmitted to OAL 3-12-94 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 6).
5. Editorial correction of History 3, adding History 4, and deleting text (Register 95, No. 36).
§17004. Diversion Requirements.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 2-11-93 as an emergency; operative 2-11-93 (Register 93, No. 7). A Certificate of Compliance must be transmitted to OAL 6-11-93 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 93, No. 4.
2. Repealed by operation of Government Code section 11346.1(g) (Register 93, No. 46). 
3. New section filed 11-12-93 as an emergency; operative 11-12-93 (Register  93, No. 46). A Certificate of Compliance must be transmitted to OAL 3-12-94 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 6).
5. Editorial correction of History 3, adding History 4, and deleting text (Register 95, No. 36).
§17005. LEA Report to the Board.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 2-11-93 as an emergency; operative 2-11-93 (Register 93, No. 7). A Certificate of Compliance must be transmitted to OAL 6-11-93 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 93, No. 4.
2. Repealed by operation of Government Code section 11346.1(g) (Register 93, No. 46). 
3. New section filed 11-12-93 as an emergency; operative 11-12-93 (Register  93, No. 46). A Certificate of Compliance must be transmitted to OAL 3-12-94 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 6).
5. Editorial correction of History 3, adding History 4, and deleting text (Register 95, No. 36).
§17006. Executive Director's Duties and Powers Relative to the Waiver.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 2-11-93 as an emergency; operative 2-11-93 (Register 93, No. 7). A Certificate of Compliance must be transmitted to OAL 6-11-93 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 93, No. 4.
2. Repealed by operation of Government Code section 11346.1(g) (Register 93, No. 46). 
3. New section filed 11-12-93 as an emergency; operative 11-12-93 (Register  93, No. 46). A Certificate of Compliance must be transmitted to OAL 3-12-94 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 6).
5. Editorial correction of History 3, adding History 4, and deleting text (Register 95, No. 36).
§17008. Waiver of Standards.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code.  Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 1-21-94 as an emergency; operative 1-21-94 (Register 94, No. 3).  A Certificate of Compliance must be transmitted to OAL by 5-23-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-19-94 as an emergency; operative 5-19-94 (Register 94, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-94 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-19-94 as an emergency; operative 9-19-94 (Register 94, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-19-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-95 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
6. New section refiled 9-15-95 as an emergency; operative 9-15-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-15-96 or emergency language will be repealed by operation of law on the following day.
7. Repealed by operation of Government Code section 11346.1(g) (Register 96, No. 22).
§17009. Purpose and Limitations of Waiver.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code.  Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 1-21-94 as an emergency; operative 1-21-94 (Register 94, No. 3).  A Certificate of Compliance must be transmitted to OAL by 5-23-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-19-94 as an emergency; operative 5-19-94 (Register 94, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-94 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-19-94 as an emergency; operative 9-19-94 (Register 94, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-19-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-95 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
6. New section refiled 9-15-95 as an emergency; operative 9-15-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-15-96 or emergency language will be repealed by operation of law on the following day.
7. Repealed by operation of Government Code section 11346.1(g) (Register 96, No. 22).
§17010. Reporting Requirement.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 1-21-94 as an emergency; operative 1-21-94 (Register 94, No. 3).  A Certificate of Compliance must be transmitted to OAL by 5-23-94 or emergency language will be repealed by operation of law on the following day.  For prior history, see Register 93, No. 14.
2. New section refiled 5-19-94 as an emergency; operative 5-19-94 (Register 94, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-94 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-19-94 as an emergency; operative 9-19-94 (Register 94, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-19-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-95 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
6. New section refiled 9-15-95 as an emergency; operative 9-15-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-15-96 or emergency language will be repealed by operation of law on the following day.
7. Repealed by operation of Government Code section 11346.1(g) (Register 96, No. 22).
§17011. Effect on Other Standards, Ordinances, Regulations and Laws.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 1-21-94 as an emergency; operative 1-21-94 (Register 94, No. 3).  A Certificate of Compliance must be transmitted to OAL by 5-23-94 or emergency language will be repealed by operation of law on the following day.  For prior history, see Register 93, No. 14.
2. New section refiled 5-19-94 as an emergency; operative 5-19-94 (Register 94, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-94 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-19-94 as an emergency; operative 9-19-94 (Register 94, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-19-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-95 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
6. New section refiled 9-15-95 as an emergency; operative 9-15-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-15-96 or emergency language will be repealed by operation of law on the following day.
7. Repealed by operation of Government Code section 11346.1(g) (Register 96, No. 22).
§17012. Diversion Requirements.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 1-21-94 as an emergency; operative 1-21-94 (Register 94, No. 3).  A Certificate of Compliance must be transmitted to OAL by 5-23-94 or emergency language will be repealed by operation of law on the following day.  For prior history, see Register 93, No. 14.
2. New section refiled 5-19-94 as an emergency; operative 5-19-94 (Register 94, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-94 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-19-94 as an emergency; operative 9-19-94 (Register 94, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-19-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-95 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
6. New section refiled 9-15-95 as an emergency; operative 9-15-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-15-96 or emergency language will be repealed by operation of law on the following day.
7. Repealed by operation of Government Code section 11346.1(g) (Register 96, No. 22).
§17013. LEA Report to the Board.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 1-21-94 as an emergency; operative 1-21-94 (Register 94, No. 3).  A Certificate of Compliance must be transmitted to OAL by 5-23-94 or emergency language will be repealed by operation of law on the following day.  For prior history, see Register 93, No. 14.
2. New section refiled 5-19-94 as an emergency; operative 5-19-94 (Register 94, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-94 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-19-94 as an emergency; operative 9-19-94 (Register 94, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-19-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-95 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
6. New section refiled 9-15-95 as an emergency; operative 9-15-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-15-96 or emergency language will be repealed by operation of law on the following day.
7. Repealed by operation of Government Code section 11346.1(g) (Register 96, No. 22).
§17014. Executive Director's Duties and Powers Relative to the Waiver.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 1-21-94 as an emergency; operative 1-21-94 (Register 94, No. 3).  A Certificate of Compliance must be transmitted to OAL by 5-23-94 or emergency language will be repealed by operation of law on the following day.  For prior history, see Register 93, No. 14.
2. New section refiled 5-19-94 as an emergency; operative 5-19-94 (Register 94, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-94 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-19-94 as an emergency; operative 9-19-94 (Register 94, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-19-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-95 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
6. New section refiled 9-15-95 as an emergency; operative 9-15-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-15-96 or emergency language will be repealed by operation of law on the following day.
7. Repealed by operation of Government Code section 11346.1(g) (Register 96, No. 22).
§17015. LEA Report to the Board.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-5-92 as an emergency; operative 10-5-92 (Register 92, No. 41). A Certificate of Compliance must be transmitted to OAL 2-2-93 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 93, No. 14).
§17016. Executive Director's Duties and Powers Relative to the Waiver.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-5-92 as an emergency; operative 10-5-92 (Register 92, No. 41). A Certificate of Compliance must be transmitted to OAL 2-2-93 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 93, No. 14).
Article 2. Contracting with Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms
§17020. Definitions.
Note     •     History

As used in these regulations:
(a) “Architectural, engineering, environmental, land surveying services,” and “construction project management” have the respective meanings set forth in Section 4525 of the Government Code.
(b) “Board” means the California Integrated Waste Management Board or the Board's designee authorized to contract for architectural, engineering, environmental, land surveying and construction project management services on behalf of the board.
(c) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, engineering, environmental services, land surveying, or construction project management.
(d) “M/WBE” means Minority Business Enterprise and/or Women Business Enterprise.
(e) “DVBE” means Disabled Veteran Business Enterprise.
(f) “Small Business Firm” has the meaning set forth in Section 14837(c) of the Government Code.
NOTE

Authority cited: Section 40502, Public Resources Code; Section 4526, Government Code. Reference: Sections 4525 and 4526, Government Code; Sections 45402 and 45403, Public Resources Code.
HISTORY

1. New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No. 13). 
3. Editorial correction restoring History 1. (Register 92, No. 18).
§17021. Publication of Request for Qualifications.
Note     •     History

(a) The board shall publish a Request for Qualifications (RFQ) for expected architectural, engineering, environmental, land surveying and construction project management services in the State Contracts Register and in statewide publications of appropriate professional societies.
(b) The announcement shall include the following information: a contract identification number, a brief description of services required; location, budget, and duration; eligibility and preferences; submittal requirements and deadlines; and name and telephone number of board contact for questions on the publication.
NOTE

Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Sections 4526, 4527 and 4529.5, Government Code; Sections 45402 and 45403, Public Resources Code.
HISTORY

1. New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No. 13). 
3. Editorial correction restoring History 1. (Register 92, No. 18).
§17022. Selection Criteria.
Note     •     History

The board shall select firms based on their ability to perform the specific functions outlined in the RFQ. The criteria for selection will include:
(a) Overall professional experience, reliability, and continuity of the firm as related to the tasks described in the RFQ.
(b) Professional experience of the firm in executing contracts of a similar nature.
(c) Adequacy of personnel numbers within specific disciplines required to complete the work required by the RFQ.
(d) Experience and training of key personnel as related to the work described in the RFQ.
(e) Adequacy of number of principal(s) which are intended to be assigned to the contract.
(f) Knowledge of applicable regulations and technology associated with the contract.
(g) Quality and timeliness of recently completed or nearly completed projects which were similar to the work described in the RFQ.
(h) Specialized qualifications for the services to be performed.
(i) Compliance with M/WBE and DVBE goals or good faith effort pursuant to Public Contract Code section 10115 et seq.
These factors shall be weighted by the board according to the nature of the project, the needs of the State and complexity and special requirements of the specific project.
NOTE

Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Sections 4526, 4527 and 4529.5, Government Code; Sections 45402 and 45403, Public Resources Code.
HISTORY

1. New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No. 13). 
3. Editorial correction restoring History 1. (Register 92, No. 18).
§17023. Selection of Firms.
Note     •     History

After expiration of the deadline date in the publications, the board shall review and rank eligible firms on file at the board using the selection criteria contained in Section 17022. The board shall conduct interviews with no less than the top three ranked firms to discuss qualifications and methods for furnishing the required services. From the firms with which discussions are held, the board shall select no less than three, in order of preference, based upon the established criteria, who are deemed to be the most highly qualified to provide the services required.
NOTE

Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Sections 4526, 4527 and 4529.5, Government Code; Sections 45402 and 45403, Public Resources Code.
HISTORY

1. New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No. 13). 
3. Editorial correction restoring History 1. (Register 92, No. 18).
§17024. Negotiation of Contract.
Note     •     History

(a) The board shall request a detailed Fee Proposal from the best qualified firm and shall require a State's Estimate of Fees to be prepared by board staff prior to negotiations. The State's estimate shall remain confidential until award of contract or abandonment of any further procedure for the services to which it relates. If the board determines the State's estimate to be unrealistic for any reason, the board shall require the estimate to be reevaluated and modified if necessary.
(b) The board shall attempt to negotiate a contract with the best qualified firm. Should the board be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at fair and reasonable compensation, negotiations with that firm shall be terminated. The board shall then undertake negotiations with the second most qualified firm. Failing accord, negotiations shall be terminated. The board shall then undertake negotiations with the third most qualified firm. Failing accord, negotiations shall be terminated. Should the board be unable to negotiate a satisfactory contract with any of the selected firms, the board may select additional firms in the manner prescribed above and continue the negotiation procedure until an agreement is reached.
NOTE

Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Section 4528, Government Code; Sections 45402 and 45403, Public Resources Code.
HISTORY

1. New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No. 13). 
3. Editorial correction restoring History 1. (Register 92, No. 18).
§17025. Contract Agreement.
Note     •     History

(a) After successful negotiations, the board and the firm shall complete and sign the contract agreement.
(b) In instances where the State effects a necessary change in the contract during the course of performance of the services, the firm's compensation may be adjusted by mutual written agreement.
NOTE

Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Section 4528, Government Code; Sections 45402 and 45403, Public Resources Code.
HISTORY

1. New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No. 13). 
3. Editorial correction restoring History 1. (Register 92, No. 18).
§17026. Contracting in Phases.
Note     •     History

Should the board determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price in the initial instance, provided that the board shall have determined that the firm is best qualified to perform the whole project at reasonable cost, and the contract contains provisions that the state, at its option, may utilize the firm for other phases and the firm will accept a fair and reasonable price for subsequent phases to be later negotiated, mutually-agreed upon and reflected in a subsequent written instrument. The procedure with regard to estimates and negotiation shall otherwise be applicable.
NOTE

Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Section 4526, Government Code; Sections 45402 and 45403, Public Resources Code.
HISTORY

1. New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No. 13). 
3. Editorial correction restoring History 1. (Register 92, No. 18).
§17027. Emergency Contracting.
Note     •     History

Where the board makes a finding of emergency, the board may negotiate a contract for such services without following procedures in Sections 17020 - 17029. The finding of emergency must include a finding that conditions at a solid waste facility pose an imminent threat to life or health and insufficient time exists to implement the foregoing procedures to secure services. The selection criteria will be the same as those listed in Section 17022 and fees will still be negotiated as described in Section 17024. The announcement, formal ranking, and interviewing procedures, as specified in Sections 17021 and 17023 may be by-passed.
NOTE

Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Sections 45001, 45002, 45402 and 45403, Public Resources Code.
HISTORY

1. New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment adopting this section transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No. 13). 
3. Editorial correction restoring History 1. (Register 92, No. 18).
§17028. Small Business Participation.
Note     •     History

The board shall endeavor to provide copies of announcements for services to Small Business Firms that have indicated an interest in receiving such announcements. Failure of the board to send a copy of an announcement to any firm shall not invalidate any selection or contract.
NOTE

Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Sections 4526 and 4527, Government Code; Sections 45402 and 45403, Public Resources Code.
HISTORY

1. New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No. 13). 
3. Editorial correction restoring History 1. (Register 92, No. 18).
§17029. Unlawful Activities and Conflict of Interest.
Note     •     History

Practices which might result in unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration are prohibited. Additionally, a board employee shall not participate in the selection process if the employee has a relationship of a type specified in section 87100 of the Government Code, with a person or business entity seeking a contract subject to this chapter.
NOTE

Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Section 4526, Government Code; Sections 45402 and 45403, Public Resources Code.
HISTORY

1. New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No. 13). 
3. Editorial correction restoring History 1. (Register 92, No. 18).
Article 3. Implementation of Federal Laws
§17031. Regional Boundaries.
History

Pursuant to § 4006(a) of the Resource Conservation and Recovery Act of 1976, P.L. 94-580, 42 USC § 6946, the following boundaries are identified for solid waste management in California: 
(a) The boundaries of each of the 58 counties in California for addressing local issues;
(b) The boundaries of the jurisdiction of each of the ten Metropolitan Councils of Governments and of the California Tahoe Regional Planning Agency for addressing regional issues. These boundaries are as follows:
(1) The boundaries of the area lying within the jurisdiction of the Association of Bay Area Governments which include the Counties of Alameda, Contra Costa, Marin, San Francisco, Napa, San Mateo, Santa Clara, Solano and Sonoma;
(2) The boundaries of the area lying within the jurisdiction of the Association of Monterey Bay Area Governments which include the Counties of Monterey and Santa Cruz;
(3) The boundaries of the area lying within the jurisdiction of the Comprehensive Planning Organization of the San Diego Region which include the County of San Diego;
(4) The boundaries of the area lying within the jurisdiction of the Sacramento Regional Area Planning Commission which include the Counties of Sacramento, Sutter, Yolo and Yuba and the City of Roseville;
(5) The boundaries of the area lying within the jurisdiction of the Southern California Association of Governments which include the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino and Ventura;
(6) The boundaries of the area lying within the jurisdiction of the Council of Fresno County Governments which include the County of Fresno;
(7) The boundaries of the area lying within the jurisdiction of the Kern County Council of Governments which include the County of Kern;
(8) The boundaries of the area lying within the jurisdiction of the San Joaquin County Council of Governments which include the County of San Joaquin;
(9) The boundaries of the area lying within the jurisdiction of the Santa Barbara County--Cities Area Planning Council which include the County of Santa Barbara;
(10) The boundaries of the area lying within the jurisdiction of the Stanislaus Area Association of Governments which include the County of Stanislaus; and
(11) The boundaries of the area lying within the jurisdiction of the California Tahoe Regional Planning Agency which include that part of Lake Tahoe within the jurisdiction of the State of California, the adjacent parts of the Counties of El Dorado and Placer lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, MDB&M;
(c) The boundaries of the State of California for addressing statewide issues.
Comment: This regulation may be modified from time to time identifying additional or different regional boundaries pursuant to Section 4006(a) of the Act. The method for identifying unspecified State, regional and local issues will be set forth in the regulation concerning identification of agencies and their responsibilities. Regional issues will be determined by the State Solid Waste Management Board with the advice of the affected counties and regional agencies.
HISTORY

1. New Article 3 (Section 17031) filed 12-13-77; effective thirtieth day thereafter (Register 77, No. 51).
§17032. Agencies.
Note     •     History

Pursuant to Section 4006(b) of the Resource Conservation and Recovery Act of 1976, P.L. 94-580, 42 USC Section 6946 and Section 66793 of the Government Code, the following responsible agencies are identified for solid waste management in California:
(a) Within each of the counties in California, the Boards of Supervisors are responsible, with the approval of a majority of the cities within the county which contain a majority of the population of the incorporated area of the county, for local planning and implementation of solid waste management in accordance with Section 66780 of the Government Code with the following exceptions:
(1) Within the County of Alameda, the Alameda County Solid Waste Management Authority is responsible for solid waste planning and implementation;
(2) Within the County of Merced, the Merced County Solid Waste Advisory Board is responsible for solid waste planning and implementation;
(3) Within the County of Santa Clara, the Solid Waste Planning Committee is responsible for solid waste planning and implementation;
(4) Within the County of Ventura, the Ventura Regional County Sanitation District is responsible for solid waste planning and implementation with the approval of a majority of the cities within the county which contain a majority of the population of the incorporated area of the county;
(5) Within the County of Los Angeles, the Los Angeles County Solid Waste Management Committee is the responsible countywide agency for solid waste planning. Implementation shall be accomplished by those responsible agencies identified in the Los Angeles County Solid Waste Management Plan.
(b) Regional issues will be determined by the State Solid Waste Management Board with the advice of the affected counties and regional agencies.
(c) For regional planning, the following agencies are identified:
(1) The Association of Bay Area Governments is responsible for regional issues for solid waste management planning within the boundaries of the area including the Counties of Alameda, Contra Costa, Marin, San Francisco, Napa, San Mateo, Santa Clara, Solano and Sonoma;
(2) The Sacramento Regional Area Planning Commission is responsible for regional issues for solid waste management planning within the boundaries of the area including the Counties of Sacramento, Sutter, Yolo, Yuba, and the City of Roseville;
(3) The Southern California Association of Governments is responsible for regional issues for solid waste management planning within the boundaries of the area including the Counties of Imperial, Los Angeles, Orange, Riverside, and San Bernardino.
(4) The California Tahoe Regional Planning Agency is responsible for regional issues for solid waste management planning within the boundaries of the area including that part of Lake Tahoe within the jurisdiction of the State of California, the adjacent parts of the Counties of El Dorado and Placer lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15, North, Range 16 East, M.D.B.&M.
(d) For statewide solid waste management planning and implementation the following are identified:
(1) The State Solid Waste Management Board is responsible for solid waste management planning and implementation within the boundaries of the State of California;
(2) The State Department of Health is responsible for hazardous waste management planning and implementation within the boundaries of the State of California.
Comment: The State Solid Waste Management Board widely distributed to the interested public a request for nominations of agencies. Based on the nominations received, a proposed regulation was drafted and circulated for comment prior to two public hearings; one on April 4, 1978 in the State Building, 455 Golden Gate Avenue, Room 1200, San Francisco, California, and the other on April 5, 1978 in the Inglewood City Hall, One Manchester Boulevard, Community Room, Inglewood, California. This regulation was finally considered at a regularly scheduled public State Solid Waste Management Board Meeting on April 21, 1978, and was adopted at that time as amended.
NOTE

Authority cited: Section 66790, Government Code, Section 6946, 42 United States Code and Section 4006, 90 Stat. 2816, P.L. 94-580, Federal Resource Conservation and Recovery Act of 1976. Reference: Section 66793, Government Code.
HISTORY

1. New section filed 4-27-78; effective thirtieth day thereafter (Register 78, No. 17). 
Article 4. Public Records
§17041. Scope and Applicability.
Note     •     History

This article shall apply to all requests to the Board pursuant to the California Public Records Act (Government Code sections 6250 et seq.) for the disclosure of public records or for maintaining the confidentiality of data received by the Board.
NOTE

Authority cited: Section 6253, Government Code; Sections 40502, 42297 and 42325, Public Resources Code.  Reference: Section 6250 et seq., Government Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections 17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code.
HISTORY

1. New section filed 6-16-94 as an emergency; operative 6-16-94 (Register 94, No. 24).  A Certificate of Compliance must be transmitted to OAL by 10-14-94 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 89, No. 1.
2. Certificate of Compliance as to 6-16-94 order transmitted with amendment of Note to OAL 10-13-94 and filed 11-28-94 (Register 94, No. 48).
§17042. Disclosure Policy.
Note     •     History

It is the policy of the Board that all records not exempted from disclosure by state or federal law shall be available for public inspection as provided in the California Public Records Act, Government Code section 6250 et seq.  Requests for records that are not exempt from disclosure by state or federal law, and which are determined as provided in this article to be confidential or proprietary shall be evaluated to determine whether, on the facts of the particular case, the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record.
NOTE

Authority cited: Section 6253, Government Code; Sections 40502, 42297 and 42325, Public Resources Code.  Reference: Section 6250 et seq., Government Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections 17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code.
HISTORY

1. New section filed 6-16-94 as an emergency; operative 6-16-94 (Register 94, No. 24).  A Certificate of Compliance must be transmitted to OAL by 10-14-94 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 89, No. 1.
2. Certificate of Compliance as to 6-16-94 order transmitted with amendment of section and Note to OAL 10-13-94 and filed 11-28-94 (Register 94, No. 48).
§17043. Requests for Public Records.
Note     •     History

All requests for public records, as defined in Government Code section 6252, shall be made in writing to the Board's custodian of records, and shall be addressed as follows:
Custodian of Records
California Integrated Waste Management Board
8800 Cal Center Drive
Sacramento, CA  95826
NOTE

Authority cited: Section 6253, Government Code; Sections 40502, 42297 and 42325, Public Resources Code.  Reference: Section 6250 et seq., Government Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections 17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code.
HISTORY

1. New section filed 6-16-94 as an emergency; operative 6-16-94 (Register 94, No. 24).  A Certificate of Compliance must be transmitted to OAL by 10-14-94 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 89, No. 1.
2. Certificate of Compliance as to 6-16-94 order transmitted with amendment of Note to OAL 10-13-94 and filed 11-28-94 (Register 94, No. 48).
§17044. Submittal of Trade Secrets.
Note     •     History

Any person submitting to the Board any records containing data claimed to be a “trade secret,” as defined in Public Resources Code section 40062, shall at the time of submission, identify all information which the person believes is a trade secret, and shall provide the name, address and telephone number of the individual to be contacted if the Board receives a request for disclosure of or seeks to disclose the data claimed to be trade secret.  Any information not identified by the person as a trade secret shall be made available to the public, unless exempted from disclosure by another provision of law.
NOTE

Authority cited: Section 6253, Government Code; Sections 40502, 42297 and 42325, Public Resources Code.  Reference: Section 6250 et seq., Government Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections 17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code.
HISTORY

1. New section filed 6-16-94 as an emergency; operative 6-16-94 (Register 94, No. 24).  A Certificate of Compliance must be transmitted to OAL by 10-14-94 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 89, No. 1.
2. Certificate of Compliance as to 6-16-94 order transmitted with amendment of section and Note to OAL 10-13-94 and filed 11-28-94 (Register 94, No. 48).
§17045. Submittal of Confidential or Proprietary Data.
Note     •     History

Any person submitting to the Board any records containing data claimed to be confidential or proprietary, or to be otherwise exempt from disclosure under Government Code section 6250 et seq., or under other applicable provisions of law shall, at the time of submission, identify in writing the portions of the records containing such data as “confidential” or “proprietary,” and shall provide the name, address and telephone number of the individual to be contacted if the Board receives a request for disclosure of or seeks to disclose the data claimed to be confidential.
NOTE

Authority cited: Section 6253, Government Code; Sections 40502, 42297 and 42325, Public Resources Code.  Reference: Section 6250 et seq., Government Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections 17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code.
HISTORY

1. New section filed 6-16-94 as an emergency; operative 6-16-94 (Register 94, No. 24).  A Certificate of Compliance must be transmitted to OAL by 10-14-94 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 89, No. 1.
2. Certificate of Compliance as to 6-16-94 order transmitted with amendment of section and Note to OAL 10-13-94 and filed 11-28-94 (Register 94, No. 48).
§17046. Disclosure of Trade Secrets and Confidential or Proprietary Data.
Note     •     History

(a) This section shall apply to all data in the custody of the Board:
(1) which is designated “trade secret,” as defined in Public Resources Code section 40062,
(2) which is considered by the Board or identified by the person who submitted the data to be confidential or proprietary data,
(3) which is received from a federal, state or local agency with a confidential or proprietary data designation, or
(4) which is exempt from disclosure under Government Code section 6250 et seq., or under other applicable provisions of law.
(b) Confidential or proprietary information shall include, but is not limited to:
(1) personal or business-related financial data, customer client lists, supplier lists and other information of a proprietary or confidential business nature provided by persons in applications, reports, returns, certifications or other documents submitted to the Board which if released would result in harmful effects on the person's competitive position;
(2) tax information prohibited from disclosure, pursuant to the Revenue and Taxation Code.
(c) Upon receipt of a request from a member of the public that the Board disclose data claimed to be trade secret, confidential or proprietary information, or if the Board, upon its own initiative, seeks to disclose such data, the Board shall inform the individual designated pursuant to section 17045 in writing that disclosure of the data is sought, and that a determination is being made as to whether any or all of the information has been properly identified as trade secret, confidential or proprietary information.
(1) If the Board determines that the information is not trade secret, confidential or proprietary information, the Board shall notify the person who furnished the information by certified mail.  The person who furnished the information shall have 30 days after receipt of this notice to provide the Board with a complete justification and statement of the grounds on which the trade secret, confidential or proprietary information claim is being made.  The justification and statement shall be submitted to the Board by certified mail.  The deadline for filing the justification may be extended by the Board upon a showing of good cause made prior to the deadline specified for its receipt.
(A) The justification and statement submitted in support of a claim of trade secret, confidential or proprietary information shall include, but is not limited to, the following:
(1) a specific description of the data claimed to be entitled to treatment as trade secret, confidential or proprietary information;
(2) a statement as to whether it is asserted that the data is a trade secret, is confidential or proprietary information, that disclosure of the data would result in harmful effects on the person's competitive position, and if so, the nature and extent of such anticipated harmful effects;
(3) any statutory or regulatory provisions under which the claim of trade secret, confidentiality or proprietary is asserted;
(4) the period of time for which trade secret, confidential or proprietary treatment is requested;
(5) the extent to which the data has been disclosed to others and whether its trade secret, confidential or proprietary status has been maintained or its release restricted;
(6) trade secret, confidentiality or proprietary determinations, if any, made by other public agencies as to all or part of the data and a copy of any such determination, if available.
(B) Documentation, as specified in (A), in support of a claim of trade secret, confidentiality or proprietary may be submitted to the Board prior to the time disclosure is sought.
(2) The Board shall determine whether the information is protected as trade secret, confidential or proprietary information within 15 days after receipt of the justification and statement or, if no justification and statement is filed, within 45 days of the notice required by paragraph (1).  The Board shall notify the person who furnished the information and any party who has requested the information pursuant to a public records request of the determination, by certified mail.
(3) If the Board determines that the information is not protected as trade secret, confidential or proprietary information, the notice required by paragraph (2) shall also specify a date, not sooner than 15 days after the date of mailing of the notice, when the information shall be made available to the public.
(d) Except as provided in subdivision (c), the Board may release information submitted and designated as trade secret, confidential or proprietary information to the following under the following conditions:
(1) Other governmental agencies, and the Legislature, may receive information that has been compiled or aggregated from confidential information, but does not reveal the specific sources of the information, when the information has been requested in connection with a local enforcement agency's or the Board's responsibilities under this division or for use in making reports.
(2) to the state or any state agency in judicial review for enforcement proceedings involving the person furnishing the information.
(e) Should judicial review be sought of a determination issued in accordance with section (c), the person requesting the data and/or the person making the claim of trade secret, confidential or proprietary information status in relation to the data, may be made a party or parties to the litigation to justify the determination.
NOTE

Authority cited: Section 6253, Government Code; Sections 40502, 42297 and 42325, Public Resources Code.  Reference: Section 6250 et seq., Government Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections 17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code.
HISTORY

1. New section filed 6-16-94 as an emergency; operative 6-16-94 (Register 94, No. 24).  A Certificate of Compliance must be transmitted to OAL by 10-14-94 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 89, No. 1.
2. Certificate of Compliance as to 6-16-94 order transmitted with amendment of section and Note to OAL 10-13-94 and filed 11-28-94 (Register 94, No. 48).
§17047. Scope.
History

HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
Article 5. Unreliable Contractors, Subcontractors, Borrowers and Grantees
§17050. Grounds for Placement on Unreliable List.
Note     •     History

The following are grounds for a finding that a contractor, any subcontractor that provides services for a board agreement, grantee or borrower is unreliable and should be placed on the board's Unreliable Contractor, Subcontractor, Grantee or Borrower List (“Unreliable List”). The presence of one of these grounds shall not automatically result in placement on the Unreliable List. A finding must be made by the Executive Director in accordance with section 17054, and there must be a final decision on any appeal that may be filed in accordance with section 17055 et seq.
(a) Disallowance of any and/or all claim(s) to the board due to fraudulent claims or reporting; or
(b) The filing of a civil action by the Attorney General for a violation of the False Claims Act, Government Code section 12650 et. seq; or
(c) Default on a board loan, as evidenced by written notice from board staff provided to the borrower of the default; or
(d) Foreclosure upon real property loan collateral or repossession of personal property loan collateral by the board; or
(e) Filing voluntary or involuntary bankruptcy, where there is a finding based on substantial evidence, that the bankruptcy interfered with the board contract, subcontract, grant or loan; or
(f) Breach of the terms and conditions of a previous board contract, any subcontract for a board agreement, grant, or loan, resulting in termination of the board contract, subcontract, grant or loan by the board or prime contractor; or
(g) Placement on the board's chronic violator inventory established pursuant to Public Resources Code section 44104 for any owner or operator of a solid waste facility; or
(h) The person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee of an entity has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance under any board contract, subcontract, grant or loan; or
(i) The person or entity is on the list of unreliable persons or entities, or similar list, of any other federal or California state agency; or
(j) The person or entity has violated an Order issued in accordance with section 18304; or,
(k) The person or entity has directed or transported to, has or accepted waste tires at, a site where the operator is required to have but does not have a waste tire facility permit; or
(l) The person or entity has transported waste tires without a waste tire hauler registration; or,
(m) The person or entity has had a solid waste facility or waste tire permit or a waste tire hauler registration denied, suspended or revoked; or,
(n) The person or entity has abandoned a site or taken a similar action which resulted in corrective action or the expenditure of funds by the Board to remediate, clean, or abate a nuisance at the site; or
(o) The following are additional grounds for a finding that, a person or entity described below should be placed on the Unreliable List:
(1) The person or entity owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List;
(2) The person held the position of officer director, manager, partner, trustee, or any other management position with significant control (Principal Manager) in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List;
(3) The entity includes a Principal Manager who:
1. Was a Principal Manager in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; or,
2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List;
(4) The entity has a person who owns 20% or more of the entity, if that person:
1. Was a Principal Manager in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; or,
2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List.
(5) The entity has another entity which owns 20% or more of the entity, if that other entity:
1. Is on the Unreliable List; or,
2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List.
(6) Subsection (o) is not intended to apply to a person or entity that purchases or otherwise obtains an entity on the Unreliable List subsequent to its placement on the Unreliable List.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code.
HISTORY

1. New article 5 (sections 17050-17062) and section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§17051. Board Agreement for Contract, Grant or Loan.
Note     •     History

(a) The Board shall not award a contract or grant, or approve a loan to any person or entity on the Unreliable List, for up to three years from the date of placement on the Unreliable List.
(b) This prohibition does not apply to Block Grants awarded pursuant to Public Resources Code section 48690.
(c) This prohibition does not apply when the contract, grant or loan is for the purpose of resolving the chronic violations which led to the person or entity's placement on the Unreliable List in accordance with section 17050(g).
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§17052. Board Agreement for Contract, Grant or Loan with Proposed Subcontractor.
Note     •     History

The board shall not award a contract or grant or approve a loan with any person or entity who has proposed to enter into a subcontract with any person or entity who would provide services for the main agreement, if that person or entity is on the Unreliable List, for up to three years from the date of placement on the Unreliable List.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§17053. Board Subcontractors.
Note     •     History

The board shall not give approval for a contractor, grantee or borrower to enter into a subcontract with any person or entity who provides services for the main agreement, if that person or entity is on the Unreliable List, for up to three years from the date of placement on the Unreliable List.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§17054. Executive Director Finding.
Note     •     History

(a) The Executive Director may make a proposed finding of unreliability based on the occurrence of any event in Section 17050. The proposed finding may be made at any time within 3 years after Board staff discover that one or more of the events in Section 17050 may have occurred.
(b) In making such a finding, the Executive Director shall take into consideration mitigating factors which indicate that the person or entity is in fact reliable. These  factors shall include, but are not limited to the following:
(1) Whether the violation, breach, or unlawful act was serious or material;
(2) The presence or absence of any intention to conceal, deceive, or mislead;
(3) Whether the violation, breach, or unlawful act was deliberate, negligent, or inadvertent;
(4) Whether the violation, breach, or unlawful act was an isolated occurrence, had happened previously, or is part of a pattern and practice;
(5) Whether the person or entity cooperated with local, state or federal authorities or took remedial action to correct, address, or prevent a future violation, breach, or unlawful act.
(6) The degree to which restitution, or other compensation, has been paid.
(c) After the Executive Director has made a proposed finding of unreliability, the Executive Director shall notify the person or entity of the proposed finding by certified or registered mail.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§17055. Appeal to Board.
Note     •     History

A person or entity who wishes to appeal the Executive Director's proposed finding of unreliability may, within 30 calendar days from the date notification was sent, submit to the Executive Director a written request for an appeal hearing before the board. The request shall state the grounds on which appeal is requested, including the factual and legal argument and supporting authorities.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§17056. Final Finding.
Note     •     History

(a) If the Executive Director does not receive a request for appeal within 30 calendar days from the date notice of the proposed finding was sent, the finding shall become final, and the person or entity shall be added to the Unreliable List.
(b) If a person or entity appeals the proposed finding, but withdraws the appeal or fails to attend the scheduled hearing, the proposed finding shall become final upon withdrawal of the appeal or failure to attend the hearing, and the person or entity shall be added to the Unreliable List.
(c) If a person or entity appeals the proposed finding of unreliability and the board upholds the Executive Director's finding, the proposed finding shall become final and the person or entity shall be added to the Unreliable List.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§17057. Hearing.
Note     •     History

The appeal to the board will be heard at a board meeting according to the following guidelines. The board has the right to augment these guidelines with specific time frames and procedures to fit within the board's agenda deadlines and meeting format. The appellant may request that the hearing be conducted in closed session to the extent authorized by law and shall indicate the basis for such a request.
(a) The board shall schedule a hearing within 60 days from the appellant's request for hearing.
(b) Prior to the hearing, board staff will inform appellant of the date for the hearing and provide a copy of the agenda item. The appellant's request for appeal will be included in the agenda item. Appellant may submit additional information for consideration at the board meeting.
(c) The hearing need not be conducted according to the technical rules relating to civil procedure, evidence and witnesses which would apply in a court of law.
(d) The hearing shall not be governed by the Administrative Procedure Act, Government Code sections 11340 et. seq.
(e) The Chairman of the Board may limit evidence and presentations to the issues relevant to the appeal.
(f) There may be a presentation by board staff and/or attorneys and a presentation by appellant and/or its attorneys.
(g) Oral testimony offered by any witness shall be under oath.
(h) The attorneys for the board and appellant shall not cross examine each other's witnesses.
(i) Rebuttal testimony may be offered.
(j) After considering all presentations and evidence, the board shall vote to uphold or overturn the proposed finding of unreliability made by the Executive Director. A vote to uphold the finding means that the appellant will be added to the Unreliable List for up to three years from the date of the board meeting. A vote to overturn the Executive Director's finding means that the appellant will not be added to the Unreliable List. In the case of a tie vote, the appellant shall not be added to the Unreliable List.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§17058. Reconsideration of Placement on Unreliable List.
Note     •     History

At any time after eighteen months and prior to three years since placement on the Unreliable List, a person or entity may submit a written request to the Executive Director requesting that the final finding of unreliability be vacated. This request may be submitted once only during the three year term of the Unreliable List. The Executive Director will reconsider the finding of unreliability based on the evidence submitted in the request. If the Executive Director finds that there is sufficient evidence to deem the person or entity reliable, they will be removed from the list. If there is not sufficient evidence to deem the person or entity reliable, then placement on the Unreliable List remains to the end of the three-year term.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§17059. Pending Award.
Note     •     History

When an appeal hearing has been requested, if there is a pending award or approval of a contract, subcontract, grant or loan, and if appellant can show that it is otherwise entitled to the award or approval, the agreement shall not be awarded or approved until such time as the appeal has been heard and the proposed finding of unreliability has become final or vacated. This section is not intended to affect existing contracts, grants, or loans.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§17060. Declaration.
Note     •     History

All applicants for board contracts, subcontracts, grants and loans shall submit to the board and all subcontractors shall submit to the prime contractor who will submit to the Board, a declaration under penalty of perjury stating that none of the events in Section 17050 have occurred with respect to the applicant, or subcontractor, within the preceding three years.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
§17062. Existing Law.
Note     •     History

Placement of a person or entity on the Unreliable List is not intended to limit the Board's ability to seek additional redress or take corrective action as may be allowed by law due to the occurrence of an event listed in section 17050.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code.
HISTORY

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).  
Chapter 2. Planning Guidelines and Procedures for Preparing, Revising and Amending County Solid Waste Management Plans
Article 1. Authority
§17100. Authority.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Repealer of Chapter 2 (sections 17100-17179, not consecutive) and new chapter 2 (sections 17100-17165, not consecutive) filed 11-9-78; effective thirtieth day thereafter (Register 78, No. 45). For former history, see Registers 76, No. 15; 76, No. 5; 75, No. 50; 75, No. 23; 74, No. 18.
2. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
Article 2. Purpose and Intent
§17105. Purpose.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17106. Intent.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
Article 3. Definitions
§17110. General.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17111. Agency.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17112. Amendment.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17113. Board.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17114. Implementation.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17115. Plan.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17116. Planning Periods.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17117. Region.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17118. Regional Issues.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17119. Regional Planning Agency.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17120. Report.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17121. Resource Recovery.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17122. Revision.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17123. Solid Waste.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17124. Solid Waste Management.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
Article 4. Compliance and Compatibility
§17125. Compliance with the California Environmental Quality Act (CEQA).
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17126. Compatibility of the Plan.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
Article 5. Responsibility
§17127. Planning Responsibility.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17128. Planning Liaison.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
Article 6. Contents of the Plan
§17129. General.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17130. Objectives and Measures to Achieve Objectives.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17131. Identification of Solid Wastes.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17132. Storage of Wastes for Collection.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17133. Collection System.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17134. Disposal and Processing of Wastes.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17135. Resource Recovery.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17136. Plan Administration.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17137. Economic Feasibility.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17138. Enforcement Program.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17139. Implementation of the Plan.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
Article 7. Procedures for Preparing and Revising Plans
§17140. Plan Preparation.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17141. Revision Preparation.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17142. Participation.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17143. Informing the Public.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17144. Public Hearings or Meetings.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17145. Submittal of Preliminary Draft to Cities.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17146. Submittal of Final Draft to Cities.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17147. Approval by Cities of Plans and Revisions.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17148. Submittal of the Preliminary Draft to the Regional Agency.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17149. Submittal of the Final Draft to the Regional Agency.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17150. Approval by the County.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17151. Submittal of Preliminary Draft to the Board.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17152. Submittal of Final Plan to the Board.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17153. Approval by the Board.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17154. Resubmission of Deficient Plan.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
Article 8. Procedures for Amending Plans
§17155. Preparing Amendments.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17156. Participation.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17157. Informing the Public.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17158. Public Hearings or Meetings.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17159. Regional Agency Review.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17160. City Approval of Amendments.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17161. Approval by the County.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17162. Submittal to Board for Preliminary Review.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17163. Submittal to Board for Approval.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17164. Approval by Board.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17165. Resubmission of Deficient Amendment.
Note     •     History

NOTE

Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.
HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
Chapter 3. Minimum Standards for Solid Waste Handling and Disposal
Article 1. General
§17200. Authority.
Note     •     History

The regulations contained herein are promulgated pursuant to Public Resources Code (PRC) sections 43020 and 43021 and Health and Safety Code section 4520. No provision in chapter 3 shall be construed as a limitation or restriction upon the board's right to exercise discretion which is vested in it by law. Nor shall any provision be construed to limit or restrict counties and cities from promulgating enactments which are as strict as or stricter than the regulations contained in this chapter. However, no city or county may promulgate enactments which are inconsistent with the provisions of this chapter. Any reference in this chapter to an enforcement agency shall be deemed to mean the enforcement agency created pursuant to Public Resources Code sections 43200 - 43219.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 11125, Government Code; Sections 43020-43021, Public Resources Code.
HISTORY

1. New chapter 3 (articles 1-7, sections 17200-17751, not consecutive) filed 5-1-75; effective thirtieth day thereafter (Register 75, No. 18).
2. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§17201. Compliance with Laws and Regulations.

Nothing in these standards shall be construed as relieving an owner, operator, or designer from the obligation of obtaining all required permits, licenses, or other clearances, and complying with all orders, laws, regulations, or other requirements of other approval, regulatory or enforcement agencies, such as, but not limited to, the Department, local health entities, water and air quality control boards, local land use authorities, fire authorities, etc.
Article 2. Purpose and Intent
§17202. Purpose.
History

The purpose of these regulations is to promote the health, safety and welfare of the people of the State of California, and to protect the environment by establishing minimum standards for the handling of solid wastes.
HISTORY

1. Amendment filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17203. Intent.
Note     •     History

By adopting these standards, the board hereby sets forth performance standards for solid waste handling activities which are of state concern, as required by Public Resources Code section 43021, and sets forth minimum substantive requirements for operators' submission of information concerning individual solid waste facilities.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40000, 40001 and 40002, Public Resources Code.
HISTORY

1. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Amendment filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17204. Intent of Standards.
History

These standards are intended to describe required levels of performance rather than detailed requirements. Wherever possible, operators and designers will be permitted flexibility in meeting the objectives set by the standards. Where the term “adequate” or the phrase “as approved by the enforcement agency” is used, the operator will usually propose a method, physical improvement, or other appropriate means to comply with a standard. The enforcement agency may thereupon accept, modify, reject, or replace the operator's proposal, and shall incorporate the means of compliance into the operator's permit, if applicable and appropriate.
HISTORY

1. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17205. Health Related Standards.

These regulations contain both Health related standards and standards related to Solid Waste Management. The Health Standards are designated by the letter “H.” When a Solid Waste Management Standard also is included in a section, it is identified by the letters “SWM.” In all other cases the standards are Solid Waste Management Standards.
§17206. Waivers.
History

HISTORY

1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
Article 3. Emergency Waiver of Standards
§17210. Scope and Applicability.
Note     •     History

(a) This Article informs an operator who holds a valid solid waste facilities permit of the process for applying for an emergency waiver of standards (waiver) in the event of a state of emergency or local emergency.  The waiver grants an operator temporary relief from specific standards imposed by this Division or specific terms or conditions of a solid waste facilities permit issued pursuant to this Division.  This Article implements and makes specific those provisions of Section 43035 of the Public Resources Code relating to the integrated waste management disaster plan.
(b) This Article is not intended to limit the authority of the state or a local agency during a disaster or emergency.
NOTE

Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40001, 40002, 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021 of the Public Resources Code.
HISTORY

1. New article 3 (sections 17210-17210.9) and section filed 8-21-96; operative 9-20-96 (Register 96, No. 34). For prior history see Register 78, No. 8.
§17210.1. Definitions.
Note     •     History

(a) “Agency” means the local agency responsible for compiling the disposal information from haulers and operators.  The county is the agency, unless a region is given the responsibility as part of a regional agreement.
(b) “Board” means the California Integrated Waste Management Board.
(c) “Disaster” means a natural catastrophe such an an earthquake, fire, flood, landslide, or volcanic eruption, or, regardless of cause, any explosion, fire, or flood.
(d) “Disaster Debris” means nonhazardous solid waste caused by or directly related to a disaster.
(e) “Diversion” means the directing of solid waste from disposal or transformation by means of recycling, reuse, or composting.
(f) “Emergency Waiver of Standards” means the document signifying approval by an enforcement agency which allows an operator, who holds a valid solid waste facilities permit, the ability to deviate from specified state minimum solid waste standards or terms or conditions of a solid waste facilities permit issued pursuant to this Division.  The waiver applies to the origin of waste; the rate of inflow for storage, transfer, or disposal of waste; the type and moisture content of solid waste; the hours of facility operation; and the storage time before the transfer or disposal of wastes, at a solid waste facility.  This includes the establishment of a locally-approved temporary transfer or processing site, if authorized by the enforcement agency.
(g) “Enforcement Agency” means the agency designated pursuant to the requirements set forth in Public Resources Code, sections 43200 through 43221, or the Executive Director of the Board in the event that the enforcement agency (EA) is incapable of responding due to the nature of the emergency.
(h) “Extent Feasible” is evidenced by the use of maximum efforts to recycle, reuse, or otherwise divert from disposal as much of the debris and other nonhazardous waste received by the solid waste facility as possible, as determined by the operator.
(i) “Jurisdiction of Origin” means the incorporated city or the unincorporated area of the country where the waste originated.
(j) “Local Emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, as described in Government Code section 8558(c), which conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, as stated in the proclamation by the governing body of a county, city and county, or city, or by an official so designated by ordinance adopted by such governing body to issue such proclamation.
(k) “State of Emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, as described in Government Code section 8558(b), which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat, as stated in a proclamation by the Governor.
NOTE

Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code.
HISTORY

1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
§17210.2. Purpose and Limitations of an Emergency Waiver.
Note     •     History

(a) An emergency waiver may only be issued when there has been a proclamation of a state of emergency or local emergency, as those terms are defined in this Article.
(b) An EA may approve and issue a waiver for the express purpose of enabling an operator of an existing permitted solid waste facility, a locally-approved temporary transfer or processing site, or a locally-approved temporary compostable material handling activity, to accept disaster debris and other nonhazardous wastes, in a manner not consistent with the terms and conditions of the relevant solid waste facilities permit or applicable state minimum standards, during the recovery phase of a state of emergency or local emergency.
(c) The waiver may apply to specified state minimum solid waste standards or a specific term or condition of a solid waste facilities permit at an existing solid waste facility, a locally-approved temporary transfer or processing site, or a locally-approved temporary compostable material handling activity, which are related to the following: the origin of waste; the rate of inflow for storage, transfer, processing, or disposal of waste; the type and moisture content of solid waste; the hours of facility operation; and the storage time before transfer, processing, or disposal of nonhazardous waste.
(d) The effective period of an initial waiver, once granted by the EA, shall not exceed 120 days.  Upon receipt of the reports required in section 17210.5, the EA may extend the effective period of a waiver, as necessary, to assist in the recovery from an emergency.
(e) All other state minimum standards and permit conditions which are not the subject of the waiver shall remain in effect.
(f) A waiver may be modified, canceled, or revoked by the EA without advance notice should the EA determine that any of the following occurs:
(1) The use of such a waiver will cause or contribute to a public health and safety or environmental problem;
(2) The terms of the waiver are not being used expressly to handle the state of emergency or local emergency and are not in the best interest of the public health and safety;
(3) The waiver is no longer necessary;
(4) The solid waste facility operator is not utilizing disaster debris diversion programs to the extent feasible.
NOTE

Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 43002, 43020, 43021 and 43035, Public Resources Code.
HISTORY

1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
2. Amendment of subsections (a)-(c) filed 6-18-2007 as an emergency; operative 6-18-2007 (Register 2007, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-17-2007 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (a)-(c) refiled 12-17-2007 as an emergency; operative 12-17-2007 (Register 2007, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-17-2007 order transmitted to OAL 3-13-2008 and filed 4-25-2008 (Register 2008, No. 17).
§17210.3. Request for an Emergency Waiver.
Note     •     History

(a) An operator may apply to an EA for a waiver after a disaster or emergency situation as defined in this Article, has been declared.  The waiver shall only be granted with the express approval of the EA following a proclamation of emergency or declaration of disaster at the local or state levels.
(b) To obtain a waiver, a solid waste facility operator shall submit a written request to the EA.  The request for a waiver shall include, but not be limited to, the following information:
(1) A listing of the existing solid waste facilities permit terms and conditions to be waived in order to facilitate recovery and disposal of disaster debris in the event of a declared disaster or emergency;
(2) A statement of the remaining disposal capacity of the solid waste disposal facility at the time of the request;
(3) A description of all facility-related diversion programs and on-site recycling facilities; and
(4) A listing of locally-approved temporary transfer or processing sites to be used to store disaster debris for future reuse or recycling.
NOTE

Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40001, 40002, 43020, 43021 and 43035, Public Resources Code.
HISTORY

1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
§17210.4. Granting an Emergency Waiver.
Note     •     History

(a) The EA may grant a waiver during the proclamation of emergency upon making the following findings:
(1) If the waiver is for an existing permitted solid waste facility the operator applying for the waiver holds a valid solid waste facilities permit;
(2) The waiver will not pose a threat to public health and safety or the environment;
(3) The operator identifies and implements, the the extent feasible, diversion programs to maximize diversion through reuse, recycling, or composting of disaster-related waste.
(b) Within 7 days of receipt of the solid waste facility operator's request for a waiver, the EA shall notify the solid waste facility operator in writing whether or not the request for waiver has been granted.  If the proposed waiver is not granted, the EA's notification shall contain reasons for the denial.  The solid waste facility operator may reapply for the waiver at a later date or submit necessary documentation to receive the waiver immediately.
NOTE

Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code.
HISTORY

1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
2. Amendment of subsection (a)(1) filed 6-18-2007 as an emergency; operative 6-18-2007 (Register 2007, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-17-2007 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a)(1) refiled 12-17-2007 as an emergency; operative 12-17-2007 (Register 2007, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-17-2007 order transmitted to OAL 3-13-2008 and filed 4-25-2008 (Register 2008, No. 17).
§17210.5. Reporting Requirements for a Solid Waste Facility Operator.
Note     •     History

(a) The solid waste facility operator shall submit a written report to the EA and the local county agency (agency) within 90 days of activation of the waiver and every 90 days thereafter for the effective period of the activated waiver.
(b) The written report shall include the following information:
(1) The daily amount of disaster debris received, diverted, and disposed at the facility;
(2) The jurisdiction of origin for the disaster debris received at the facility;
(3) The increase in tonnage or volume of waste received per day during the effective period of the activated waiver; and
(4) The facilities used to process the disaster debris.
(c) If pursuant to section 17210.2(d) of this Article, the waiver is extended beyond 120 days, the operator shall submit a report, as described in subparagraph (b), to the EA and agency.  The report shall be submitted once every 90 days until the end of the effective period of the waiver.
(d) After the activated waiver expires, the solid waste facility operator shall continue to submit the information requested in item (b) above to any EA and agency, every 90 days, until there is no longer any discernable disaster related waste being processed or stored at the facility.
NOTE

Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code.
HISTORY

1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
§17210.6. Reporting Requirements for an Enforcement Agency.
Note     •     History

(a) The EA shall transmit a copy of the approved waiver to the Board within 15 days of its issuance.
(b) The EA shall submit a copy of the operator's written reports to the board within 30 days of the receipt of the reports.
NOTE

Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code.
HISTORY

1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
§17210.7. Selection of a Solid Waste Facility for Emergency Disposal and Diversion.
Note     •     History

(a) In the event of a state emergency or local emergency, the EA shall do the following:
(1) Assist a local government within its jurisdiction by providing a list of solid waste disposal facilities which have been granted a waiver.  The list shall include site capacity for acceptance of waste, hours of operation, daily tonnage limits during the emergency, and on-site recycling and diversion for disaster-related debris.
(2) Survey the solid waste facilities within its jurisdiction and determine the diversion programs available at the facilities.  Diversion information will be made available by the EA to an affected local jurisdiction and to the public during a declared emergency.
NOTE

Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code.
HISTORY

1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
§17210.8. Authority of an Enforcement Agency.
Note     •     History

(a) An EA may approve waivers of minimum standards and specific terms or conditions of a solid waste facilities permit, as needed, to respond to a disaster or emergency situation, as defined in section 17210.1.
NOTE

Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40001, 40002, 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021 of the Public Resources Code.
HISTORY

1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
§17210.9. Executive Director's Powers and Duties Relative to the Emergency Waiver.
Note     •     History

(a) Once the waiver is issued, the Executive Director of the Board shall review all EA waiver approvals.  The Executive Director may condition, limit, suspend, or terminate an operator's use of a waiver, if it is determined that use of the waiver would cause harm to public health and safety, or the environment.
(b) The Executive Director may condition, limit, suspend, or terminate an operator's use of a waiver if it is found that the operator has not utilized reasonably available waste diversion programs as identified in its waiver documentation.
(c) The Executive Director shall report to the Board at a regularly scheduled meeting any granting of a waiver, and all determinations made concerning the waiver.
NOTE

Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code.
HISTORY

1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
Article 3.5. Temporary Waiver of Terms
§17211. Scope and Applicability.
Note     •     History

(a) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (the Act), commencing at Section 40000 of the Public Resources Code, as amended. These Regulations should be read together with the Act. 
(b) The purpose of this Article is to provide a means for an enforcement agency (EA) to authorize a temporary waiver from specific terms and conditions of a solid waste facilities permit for a limited period during a temporary emergency as defined in Section 17211.1(b). This Article does not authorize relief from requirements of State Minimum Standards, set out in Title 14, California Code of Regulations, Chapter 3, or other standard or requirement adopted by the Board. 
(c) Pursuant to this Article, an Enforcement Agency (EA) may issue a stipulated agreement defined in Section 17211.1(a) that provides a temporary waiver of specific terms and conditions of a solid waste facilities permit during a temporary emergency. 
(d) This article informs an operator, who holds a valid solid waste facilities permit, of the process for requesting a stipulated agreement in the event of an temporary emergency. 
(e) This Article is not intended to limit the authority of the state or a local agency, including the EA or the Board to enforce the terms and conditions of a solid waste facilities permit that are not subject to the stipulated agreement, State Minimum Standards, and provisions of the Act. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. 
HISTORY

1. New article 3.5 (sections 17211-17211.9) and section filed 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 10).  
3. New article 3.5 (sections 17211-17211.9) and section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. New article 3.5 (sections 17211-17211.9) and section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency language will be repealed by operation of law on the following day.
5. New article 3.5 (sections 17211-17211.9) and section refiled 10-24-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 43). A Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL 2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
§17211.1. Definitions.
Note     •     History

In addition to the definitions set forth in Section 17210.1 of Article 3, of this Chapter, the following definitions apply to this Article 3.5: 
(a) “Stipulated agreement” means an enforceable document written by the EA, pursuant to Division 30, Public Resources Code, Section 45011(a), that provides a temporary waiver of specified terms and conditions of a solid waste facilities permit issued to an operator pursuant to this Division. The stipulated agreement is subject to appeal through the appeal process set out in Division 30, Public Resources Code, Parts 5 and 6. 
(b) “Temporary emergency” means a temporary, unforeseeable circumstance, which results in a situation where it is necessary, in order to protect the public health and safety or the environment as determined by the EA, to waive specified terms and conditions of a solid waste facilities permit. “Temporary emergency” does not include competitive market changes or a failure on the part of the operator, the EA or a local government agency to plan for reasonably foreseeable future events. Further, because they are not unforeseeable, circumstances resulting from a labor controversy arising from issues at one or more solid waste facilities are not a “temporary emergency” with respect to the facility or facilities at which the labor controversy occurs.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a) and Division 30, Parts 5 and 6, Public Resources Code.
HISTORY

1. New section filed 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 10).  
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 10-24-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 43). A Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL 2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
7. Amendment filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
§17211.2. Purpose and Limitation of a Stipulated Agreement.
Note     •     History

(a) A stipulated agreement may only be used in the event of a temporary emergency. 
(b) A stipulated agreement may only be used when the EA and operator agree that the circumstance contributing to the temporary emergency was unforeseeable. 
(c) An EA may use a stipulated agreement for the express purpose of enabling an operator of an existing permitted solid waste facility to operate in a manner not consistent with the terms and conditions of the solid waste facilities permit. 
(d) The operator must comply with the terms and conditions of the solid waste facilities permit until such time as a stipulated agreement is provided by the EA. 
(e) The term of the stipulated agreement once granted by the EA, shall not exceed 90 days. The EA may grant one or more extensions of 90 days or less as allowed in Section 17211.6. 
(f) All permit terms and conditions, which are not the subject of the stipulated agreement, shall remain in effect. 
(g) A stipulated agreement may be modified; cancelled, or revoked by the EA without advance notice should the EA determine that any of the following occurs: 
(1) The use of the stipulated agreement causes or contributes to, or threatens to cause or contribute to, harm to the public health and safety or the environment; 
(2) The terms of the stipulated agreement are not being used expressly to handle a temporary emergency and are not in the best interest of the public health and safety or the environment; 
(3) The solid waste facilities permit has been revised to include terms and conditions that address the temporary emergency. 
(4) The temporary emergency no longer exists (so the stipulated agreement is no longer necessary). 
(h) A stipulated agreement shall be cancelled or revoked by the EA without advance notice should the EA determine that the operator is not in compliance with the time frames and requirements included in the stipulated agreement under Section 17211.5(c) and (d). 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. 
HISTORY

1. New section filed 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 10).  
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 10-24-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 43). A Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL 2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
§17211.3. Request for a Temporary Stipulated Agreement.
Note     •     History

(a) An operator may make a request to an EA for a stipulated agreement. 
(b) To obtain a stipulated agreement, the operator shall submit a written request to the EA. The request for the stipulated agreement shall include the following information: 
(1) A description of the temporary emergency, including a description of how the circumstance was unforeseeable, which justifies a waiver. 
(2) The specific changes in operation or design at the facility required to address the temporary emergency. 
(3) The specific terms and conditions of the facility's existing solid waste facilities permit from which the operator is requesting a waiver. 
(4) A requested date to begin implementation of the stipulated agreement. 
(5) Actions the operator will take so the stipulated agreement is no longer needed including milestones and associated timelines with specific dates. 
(6) Evidence acceptable to the EA that the operation of the facility under a stipulated agreement is compliant with all applicable land use entitlements, all other permits affecting the facility, all applicable federal, state, and local laws and regulations, and the California Environmental Quality Act. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. 
HISTORY

1. New section filed 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 10).  
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 10-24-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 43). A Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL 2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
§17211.4. Issuing a Stipulated Agreement.
Note     •     History

(a) The EA may issue a stipulated agreement upon making the following determinations: 
(1) A temporary emergency exists.
(2) The operator requesting a stipulated agreement holds a valid solid waste facilities permit for the facility. 
(3) The operator is in compliance and has demonstrated good faith in maintaining compliance with state minimum standards and the terms and conditions of the existing solid waste facilities permit. 
(4) It is necessary to waive specified terms and conditions of a solid waste facilities permit in order to protect the public health and safety or the environment.
(5) Operation under the stipulated agreement will not pose a threat to public health and safety or the environment. 
(6) Any restrictions, conditions, or terms contained in the stipulated agreement have been agreed upon by the EA and the operator. 
(7) A stipulated agreement may not be used for a recurring temporary emergency addressed by a previous stipulated agreement. 
(b) Within 5 working days of receipt of the operator's request for a stipulated agreement, the EA shall notify the operator in writing whether or not the request for a stipulated agreement has been granted. If the proposed stipulated agreement is not granted, the EA's notification shall contain reasons for the denial. The solid waste facility operator may again request the stipulated agreement at a later date or submit necessary documentation to receive the stipulated agreement. 
(c) If a stipulated agreement is not requested or a request is denied, the EA may address the changes required to address the temporary emergency through the processes and mechanisms included in Chapter 5, Article 4. 
(d) In the event the Executive Director conditions, limits, suspends, or terminates an operator's use of a stipulated agreement pursuant to Section 17211.9(a), the EA shall not find that an operator has violated any of the specific terms and conditions waived by the stipulated agreement for a violation occurring during the period between the EA's written approval of the stipulated agreement and the effective date of the Executive Director's action under Section 17211.9(a) when the Executive Director's action has the effect of setting aside or limiting the waiver of any such specific terms and conditions.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. 
HISTORY

1. New section filed 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 10).  
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 10-24-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 43). A Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL 2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
7. New subsections (a)(1) and (a)(4), subsection renumbering and new subsection (d) filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
§17211.5. Contents of a Stipulated Agreement.
Note     •     History

Contents of a stipulated agreement are as follows, but not limited to: 
(a) Specific terms and conditions of the solid waste facilities permit that are subject to the stipulated agreement. 
(b) Justification for providing the stipulated agreement, including evidence supporting the finding made by the EA. 
(c) The specific changes in operation or design at the facility required to address the temporary emergency. 
(d) Term of the stipulated agreement, including commencement date, termination date and whether request for one or more extensions will be entertained under appropriate and specified circumstances. 
(e) Actions the operator will take including milestones and associated timelines with specific dates to revise its solid waste facilities permit or to modify its operations so that the facility will no longer need the stipulated agreement. 
(f) Actions the EA will take if applicable to assist the operator to revise its solid waste facilities permit or to modify its operations or design so that the facility will no longer require the stipulated agreement. 
(g) Evidence, demonstrated through the signatures of both the operator and the EA, that the operator and EA have agreed to the requirements set out in the stipulated agreement. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. 
HISTORY

1. New section filed 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 10).  
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 10-24-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 43). A Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL 2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
§17211.6. Reporting Requirements for a Solid Waste Facility Operator
Note     •     History

(a) The solid waste facility operator shall submit a written report to the EA within10 days prior to the termination date of the stipulated agreement. 
(b) The written report shall include: 
(1) Information regarding changes in operation or design that took place as a result of the stipulated agreement. 
(2) Description of steps taken to find a longer term and/or permanent solution to address the unforeseeable circumstance. 
(3) Either a request to discontinue the stipulated agreement on a date certain, or a request to continue the stipulated agreement for another 90 days. 
(c) If the stipulated agreement is extended beyond the initial 90 days, the operator shall submit a subsequent report, as described in subparagraph (b), to the EA. The report shall be submitted once every 10 days prior to the termination date of each extension of the stipulated agreement.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. 
HISTORY

1. New section filed 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 10).  
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 10-24-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 43). A Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL 2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
§17211.7. Reporting Requirements for an Enforcement Agency.
Note     •     History

(a) The EA shall transmit a copy of the stipulated agreement request and stipulated agreement to the Board within 5 working days of it being granted. 
(1) The transmitted stipulated agreement will be accompanied by supporting written documentation of the information by which the LEA made the determinations required in Section 17211.4(a).
(b) The EA shall transmit a copy of the stipulated agreement request and verification of denial to the Board within 5 working days of the stipulated agreement denial. 
(1) The transmitted stipulated agreement will be accompanied by supporting written documentation of the information by which the LEA made the determinations required in Section 17211.4(b).
(c) The EA shall transmit a copy of verification of an extension of a stipulated agreement to the Board with in 5 working days of it being granted. 
(d) The EA shall submit a copy of the operator's written reports to the Board within 5 working days of the receipt of the reports. 
(e) The EA shall provide an oral report to the Board during the next regularly scheduled meeting after an extension of a stipulated agreement. 
(f) Within 24 hours following the EA's issuance of a stipulated agreement, the EA shall submit a notice for publication in a daily newspaper of general circulation in the community in which the solid waste facility is located and shall submit a notice to the Board to be posted on the Board's web page.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. 
HISTORY

1. New section filed 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 10).  
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 10-24-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 43). A Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL 2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
7. New subsections (a)(1) and (b)(1) filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
§17211.8. Authority of an Enforcement Agency.
Note     •     History

(a) An EA may approve a waiver through a stipulated agreement addressing specific terms or conditions of a solid waste facilities permit, as needed, to respond to a temporary emergency, as defined in Section 17211.1. 
(b) For reasons noted in Section 17211.2(g) the EA may cancel or revoke a stipulated agreement and choose to address the situation through mechanisms found in Chapter 5, Article 4.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. 
HISTORY

1. New section filed 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 10).  
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 10-24-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 43). A Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL 2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
§17211.9. Board Review of Stipulated Agreements.
Note     •     History

(a) Once a stipulated agreement is issued and the EA has provided a copy to the Board pursuant to Section 17211.7(a), the Executive Director of the Board shall review all EA approvals. The Executive Director may, after consulting with the EA, condition, limit, suspend, or terminate an operator's use of a stipulated agreement if he or she finds that implementation of the agreement as issued is not consistent with Section 17211.4 or may adversely affect public health and safety, or the environment. 
(b) The Executive Director shall report to the Board at the next regularly scheduled meeting any issuance of a stipulated agreement, denial of a stipulated agreement, extension of a stipulated agreement, or any other action taken by an EA pursuant to this Article and shall report any action taken by the Executive Director to condition, limit, suspend or terminate a stipulated agreement, including the basis on which the Executive Director took such action.
(c) The Executive Director may delegate his or her duties under this section to any employee of the Board.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. 
HISTORY

1. New section filed 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 10).  
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 10-24-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 43). A Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL 2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
7. Amendment filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
Article 4. Definitions
§17225. General.
Note     •     History

(a) Unless the context requires another construction, the definitions set forth in this article and in Division 30 of the Public Resources Code shall govern the construction of this chapter. No definitions which are present in Division 30 of the Public Resources Code are repeated herein. Consequently, those definitions should be read in conjunction with the ones set forth herein.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40000, 40001 and 40002, Public Resources Code; Title 40, Code of Federal Regulations, Section 258.2.
HISTORY

1. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Amendment of section and Note filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section and Note refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed 4-19-94 (Register 94, No. 16).
6. Repealer of subsection (b) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.1. Abandoned Vehicles.

“Abandoned Vehicles” includes vehicles, with or without motor power, including cars, trucks, trailers, mobilehomes, buses, etc., left on public or private property for an extended period of time and usually in an inoperable or hazardous condition.
§17225.2. Active Face.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.3. Agricultural Solid Wastes.

“Agricultural Solid Wastes” include wastes resulting from the production and processing of farm or agricultural products, including manures, prunings and crop residues wherever produced.
§17225.4. Approval Agency.

“Approval Agency” includes any agency with regulatory powers regarding solid waste generation, collection, transportation, processing or disposal and includes, but is not limited to the Board, the Department, California Regional Water Quality Control Boards, local air pollution control districts, local enforcement agencies, local health entities and local land use authorities.
§17225.5. Ashes.

“Ashes” includes the residue from the combustion of any solid or liquid materials.
§17225.6. Baling.

“Baling” includes the process of compressing and binding solid wastes.
§17225.7. Board.
History

HISTORY

1. Change without regulatory effect repealing Section 17225.7 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35).
§17225.8. Bulky Waste.

“Bulky Waste” includes large items of solid waste such as appliances, furniture, large auto parts, trees, branches, stumps and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing or disposal methods.
§17225.9. Cell.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.10. Collection.

“Collection” means the act of collecting solid waste at the place of waste generation by an approved collection agent (public or private) and is distinguished from “removal.”
§17225.11. Combustible Refuse.
History

“Combustible Refuse” means any burnable refuse.
HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
§17225.12. Commercial Solid Wastes.

“Commercial Solid Wastes” include all types of solid wastes generated by stores, offices and other commercial sources, excluding residences, and excluding industrial wastes.
§17225.13. Collection Vehicle or Equipment.

“Collection Vehicle or Equipment” includes any vehicle or equipment used in the collection of residential refuse or commercial solid wastes.
§17225.14. Composting.

“Composting” includes a controlled microbial degradation of organic wastes yielding a safe and nuisance free product.
§17225.15. Construction and Demolition Wastes.

“Construction and Demolition Wastes” include the waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.
§17225.16. Cover Material.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.17. Daily Cover.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.18. Dead Animals.

“Dead Animals” include those animals whose carcasses require disposal.
§17225.19. Decomposition Gases.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.20. Department.
History

HISTORY

1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17225.21. Disposal Area.

“Disposal Area” means that portion of a disposal site which has received or is receiving solid wastes.
§17225.22. Disposal Site or Site.
History

HISTORY

1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17225.23. Disposal Site Owner.
History

HISTORY

1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17225.24. Dump.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.25. “EA.” (CIWMB)
Note     •     History

“EA” means enforcement agency as defined in PRC Section 40130. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40000, 40001, 40002, Public Resources Code; Title 40, Code of Federal Regulations, Section 258.2. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17225.26. Fill.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.27. Final Cover.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.28. Final Site Face.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.29. Flue.

“Flue” includes any duct or passage for air, gases, or the like, such as a stack or chimney.
§17225.30. Garbage.

“Garbage” includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs.
§17225.31. Groups of Wastes.
History

HISTORY

1. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
2. Change without regulatory effect repealing Section 17225.31 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35).
§17225.32. Hazardous Wastes.

“Hazardous Wastes” include any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer, which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as an approximate result of any disposal of such wastes or mixture of wastes as defined in Article 2, Chapter 6.5, Section 25117 of the Health and Safety Code. The terms “toxic,” “corrosive,” “flammable,” “irritant,” and “strong sensitizer” shall be given the same meaning as in the California Hazardous Substances Act (Chapter 13 commencing with Section 28740 of Division 21 of the Health and Safety Code). 
§17225.33. Incinerator.

“Incinerator” includes any equipment used for the volume reduction or destruction of combustible wastes by burning, from which the exhaust gases pass through a flue.
§17225.34. Incinerator Residue.

“Incinerator Residue” includes the solid materials remaining after reduction in an incinerator.
§17225.35. Industrial Wastes.

“Industrial Wastes” include all types of solid wastes and semi-solid wastes which result from industrial processes and manufacturing operations.
§17225.36. Infectious Wastes.

“Infectious Wastes” include: 
(a) Equipment, instruments, utensils and other fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated as required by public health agencies;
(b) laboratory wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto;
(c) surgical operating room pathologic specimens--including recognizable anatomical parts, human tissue, anatomical human remains and disposable materials from hospitals, clinics, outpatient areas and emergency rooms, as is also defined in Section 314(d) of the California Administrative Code, Title 17.
§17225.37. Institutional Solid Wastes.

“Institutional Solid Wastes” include solid wastes originating from educational, health care, correctional, research facilities or other similar facilities.
§17225.38. Intermediate Cover.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.39. Landfill.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.40. Leachate.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.41. Liquid Wastes.

“Liquid Wastes” means waste materials which are not spadeable.
§17225.42. Litter.
History

“Litter” means all improperly discarded waste material, including, but not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on the lands and waters of the state, but not including the properly discarded waste of the primary processing of agriculture, mining, logging, sawmilling, or manufacturing.
HISTORY

1. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
§17225.43. Local Government.
History

“Local Government” is a local public entity which is a county, city, district, or any other special political subdivision, but is not the State.
HISTORY

1. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17225.44. Non-Combustible Refuse.

“Non-Combustible Refuse” includes miscellaneous refuse materials that are unburnable at ordinary incinerator temperatures (1300 to 2000 degrees F).
§17225.45. Nuisance.

“Nuisance” includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood or any considerable number of persons although the extent of annoyance or damage inflicted upon the individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste.
§17225.46. Open Burning.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.47. Operating Area.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.48. Operator.
History

HISTORY

1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17225.49. Person.
History

HISTORY

1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17225.50. Premises.

“Premises” includes a tract or parcel of land with or without habitable buildings or appurtenant structures.
§17225.51. Processing.
History

HISTORY

1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17225.52. Putrescible Wastes.

“Putrescible Wastes” include wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases or other offensive conditions, and include materials such as food wastes, offal and dead animals.
§17225.53. Refuse.

“Refuse” includes garbage and rubbish.
§17225.54. Recycling.
History

HISTORY

1. Repealer filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17225.55. Removal.

“Removal” means the act of taking solid wastes from the place of waste generation either by an approved collection agent or by a person in control of the premises.
§17225.56. Removal Frequency.

“Removal Frequency” means frequency of removal of solid wastes from the place of waste generation either by an approved collection agency or by the owner of the waste.
§17225.57. Residential Refuse.

“Residential Refuse” includes all types of domestic garbage and rubbish which originate in residential dwellings.
§17225.58. Resource Recovery.

“Resource Recovery” means the reclamation or salvage of wastes for reuse, conversion to energy or recycling.
§17225.59. Rubbish.

“Rubbish” includes non-putrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber by-products or litter.
§17225.60. Runoff.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.61. Salvaging.

“Salvaging” means the controlled removal of waste material for utilization.
§17225.62. Sanitary Landfill.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.63. Scavenging.

“Scavenging” means the uncontrolled and/or unauthorized removal of solid waste materials.
§17225.64. Septic Tank Pumpings.

“Septic Tank Pumpings” include sludge and wastewater removed from septic tanks.
§17225.65. Sewage Sludge.

“Sewage Sludge” includes any residue, excluding grit or screenings, removed from a waste water, whether in a dry, semidry or liquid form.
§17225.66. Shredding.

“Shredding” includes a process of reducing the particle size of solid wastes through use of grinding, shredding, milling or rasping machines.
§17225.67. Sludge.

“Sludge” includes the accumulated solids and/or semisolids deposited from wastewaters or other fluids.
§17225.68. Small Volume Transfer Station.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17225.69. Solid Wastes or Wastes.
History

HISTORY

1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17225.70. Solid Waste Management.

“Solid Waste Management” includes a planned program for effectively controlling the generation, storage, collection, transportation, processing and reuse, conversion or disposal of solid wastes in a safe, sanitary, aesthetically acceptable, environmentally sound and economical manner. It includes all administrative, financial, environmental, legal and planning functions as well as the operational aspects of solid waste handling, disposal and resource recovery systems necessary to achieve established objectives.
§17225.71. Street Refuse.

“Street Refuse” includes materials picked up by manual or mechanical sweeping of alleys, streets or sidewalks, litter from public litter receptacles and material removed from catch basins.
§17225.72. Transfer/Processing Station or Station.
History

HISTORY

1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17225.73. Vector.

“Vector” includes any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease, or disrupting the normal enjoyment of life by adversely affecting the public health and well being.
§17225.74. Written Approval.
History

HISTORY

1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
Article 4.1. Waste Tire Program Definitions
*The following definitions are to be used only for the purposes of Article 5.5 of this Chapter and Chapter 6 of this Division.
§17225.701. Altered Waste Tire.
Note     •     History

NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42830 and 43020, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including adoption of article heading and repealer and adoption of section transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Repealer filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.705. Store.
Note     •     History

NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42830 and 43020, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Repealer filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.710. Applicant.
Note     •     History

“Applicant” means any person seeking a permit to operate a waste tire facility. 
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42820, 42822, 42833, 42830 and 43020, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.715. Baled Tires.
Note     •     History

“Baled Tires” means either whole or altered waste tires that have been compressed and then secured with a binding material for the purpose of reducing their volume. Baled tires are waste tires as defined in PRC Section 42801.6, until fully enclosed or encapsulated in an engineered construction project for which all required local, state, and/or federal government approvals have been obtained. “Baling” in reference to waste tires means action which produces baled tires. 
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42801.6, 42820, 42830 and 43020, Public Resources Code. 
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendment transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Repealer and new section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.717. Collection.
Note     •     History

Waste tires are considered in the “collection” process when they are temporarily placed in fully enclosed, licensed road transportable containers that are not stored at a permitted waste tire facility or a facility identified in Section 18420(a). The requirements of Article 5.5 of this Chapter and Chapter 6, with the exception of Article 8.5, Chapter 6, shall not apply to “collection” as long as the following conditions are met: 
(1) Containers shall be kept closed except while loading and unloading. 
(2) Containers shall be kept locked when not being loaded or unloaded unless unauthorized access is controlled pursuant to section 17352 of this Article. 
(3) All waste tire deliveries shall be manifested in accordance with Article 8.5 of this Chapter. 
(4) For the purpose of this section “temporarily” shall mean less than 90 days. 
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42820, 42830 and 43020, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.720. Crumb Rubber.
Note     •     History

Crumb rubber means rubber granules derived from waste tires that are less than or equal to one-quarter (1/4) inch (6mm) in size. “Crumbing” in reference to waste tires means action which produces crumb rubber.
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42801.7, 42820, 42830 and 43020, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.725. Design.
Note     •     History

“Design” means the layout of a waste tire facility (including the numbers and types of fixed structures), total volumetric capacity of a waste tire facility or total throughput rate, vehicular traffic flow and patterns surrounding and within the facility, proposed contouring, and other factors that may be considered a part of the facility's physical configuration.
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42812, 42820, 42830 and 43020, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.735. Waste Tire.
Note     •     History

NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42807, 42820, 42830 and 43020, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of section transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Repealer filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.750. Operation.
Note     •     History

“Operation” means the procedures, personnel, and equipment used to receive, store, process or dispose of waste tires. 
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42812, 42820, 42830 and 43020, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.755. Operator.
Note     •     History

“Operator” means the person legally responsible for the operation of a waste tire facility or the owner if there is no operator. 
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42804, 42820, 42830 and 43020, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.760. Owner.
Note     •     History

“Owner” means a person who owns, in whole or in part, a waste tire facility, the waste tires located at a facility, or the land on which a waste tire facility is located. 
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42805, 42820, 42830 and 43020, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.770. Passenger Tire Equivalents (PTE).
Note     •     History

“Passenger Tire Equivalents” means the total weight of altered waste tires, in pounds, divided by 20 pounds. This definition replaces the previous definition of “Tire Equivalents.” 
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42808, 42821(c), 42831, 42820, 42830 and 43020, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.795. Store.
Note     •     History

“Store” means to reserve tires for future use, processing, recycling, or offsite disposal. 
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42822, 42808, 42820, 42830 and 43020, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.800. Substantial Change.
Note     •     History

For the purpose of PRC section 42812, “Substantial Change” means any change that may cause a significant effect on the environment. Significant effect on the environment shall have the same meaning as provided in the State California Environmental Quality Act (CEQA) Guidelines. The determination of significant effect shall be made in accordance with section 15064 of the State CEQA Guidelines (Title 14 of the California Code of Regulations). 
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42812, 42820, 42830 and 43020, Public Resources Code; and Sections 15002, 15064 and 15382, State CEQA Guidelines, Title 14, CCR. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.820. Used Tire Dealer.
Note     •     History

“Used Tire Dealer” means a business, operating under the terms and conditions of a local use permit, business license or other required local approval, which is storing used tires in accordance with PRC section 42806.5, and for which its primary purpose is to sell used tires for profit.
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42806.5, 42820, 42830 and 43020, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
Article 4.5. Implementation of Federal Municipal Solid Waste Landfill Minimum Standards
§17258.1. Purpose, Scope, and Applicability.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.1.
HISTORY

1. New article 4.5 (sections 17258.1-17258.74, not inclusive) filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
2. New article 4.5  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 with amendments and filed 4-19-94 (Register 94, No. 16).
4. Repealer of article 4.5 (sections 17258.1-17258.74) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). Regulations pertaining to implementation of federal municipal solid waste landfill minimum standards have been relocated to title 27, division 2.
§17258.2. Definitions.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 257 and 258.2.
HISTORY

1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
2. New section  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 with amendments of subsections (b) and (h) and filed 4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17258.10. Airport Safety.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.10.
HISTORY

1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
2. New section  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed  4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17258.16. Closure of Existing Landfills.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 40508, Public Resources Code and Title 40, Code of Federal Regulations, Section 258.16.
HISTORY

1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
2. New section  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed  4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17258.20. Procedures for Excluding the Receipt of Hazardous Waste.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 40508, Public Resources Code; Sections 25249.5 through 25249.13, Health and Safety Code; and Title 40, Code of Federal Regulations, Section 258.20.
HISTORY

1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
2. New section  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed  4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17258.21. Cover Material Requirements.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, 43020, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.21.
HISTORY

1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
2. New section  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed  4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17258.23. Explosive Gases Control.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of  Federal Regulations, Sections 258.23.
HISTORY

1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
2. New section  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed  4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17258.24. Air Criteria.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of  Federal Regulations, Sections 258.24.
HISTORY

1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
2. New section  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed 4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17258.29. Recordkeeping Requirements.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.29.
HISTORY

1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
2. New section  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed  4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17258.60. Closure Criteria.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020, 43021, 43030, 43501 and 43509, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of  Federal Regulations, Sections 258.60.
HISTORY

1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
2. New section  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed  4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17258.61. Postclosure Care Requirements.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020, 43021, 43030, 43501 and 43509, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of  Federal Regulations, Sections 258.61.
HISTORY

1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
2. New section  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed  4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17258.73. Financial Assurance for Corrective Action.
Note     •     History

NOTE

Authority cited: Sections 40502 and 40508, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.73.
HISTORY

1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
2. New section  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed  4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17258.74. Allowable Mechanisms for Corrective Action.
Note     •     History

NOTE

Authority cited: Sections 40502 and 40508, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.74.
HISTORY

1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
2. New section  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 with amendment of subsections (a)(5), (b)(1), (c)(1),  (d)(1), (i) and (k) and filed  4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 5. Solid Waste Storage and Removal Standards
GENERAL
§17301. Applicability of Standards.
History

The standards in this Article shall apply to all facilities, equipment, or vehicles used for storage, removal, transport, and other handling of solid wastes.
HISTORY

1. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17302. Conformance with Plan.

After the effective date of the county solid waste management plan required by Section 66780 of the Government Code, solid waste storage and removal shall be in conformance with said plan. 
STORAGE OF SOLID WASTES
§17311. General.

The owner, operator and/or occupant of any premise, business establishment, industry, or other property, vacant or occupied, shall be responsible for the safe and sanitary storage of all solid waste accumulated on the property.
§17312. Storage.

(H) In all cases in which garbage and rubbish are combined, the standards for garbage shall prevail. The property owner or occupant shall store solid waste on his premises or property or shall require it to be stored or handled in such a manner so as not to promote the propagation, harborage, or attraction of vectors, or the creation of nuisances.
§17313. Design Requirements.

The design of any new, substantially remodeled or expanded building or other facility shall provide for proper storage or handling which will accommodate the solid waste loading anticipated and which will allow for efficient and safe waste removal or collection. The design shall demonstrate to local land use and building permit issuing authorities that it includes the required provisions.
§17314. Operator Responsibility.

Where the collection operator furnishes storage containers, he is responsible for maintaining the containers in good condition (ordinary wear and tear excepted) unless they are furnished under other terms, conditions, or agreements. He shall plan with the property owner and/or occupant as to placement of storage containers to minimize traffic, aesthetic and other problems both on the property and for the general public.
§17315. Garbage Containers.

(H) Property owners and tenants shall deposit all garbage and putrescible matter or mixed garbage and rubbish in containers which are either non-absorbent, water-tight, vector-resistant, durable, easily cleanable, and designed for safe handling, or in paper or plastic bags having sufficient strength and water tightness and which are designed for the containment of refuse. Containers for garbage and rubbish should be of an adequate size and in sufficient numbers to contain without overflowing, all the refuse that a household or other establishment generates within the designated removal period. Containers when filled shall not exceed reasonable lifting weights for an average physically fit individual except where mechanical loading systems are used. Containers shall be maintained in a clean, sound condition free from putrescible residue.
§17316. Identification of Containers.

Containers of one cubic yard or more owned by the collection service operator shall be identified with the name and telephone number of the agent servicing the container.
§17317. Use of Container.

No person shall tamper with, modify, remove from, or deposit solid wastes in any container which has not been provided for his use, without the permission of the container owner. 
SOLID WASTE REMOVAL AND COLLECTION
§17331. Frequency of Refuse Removal.
History

(H) The owner or tenant of any premises, business establishment or industry shall be responsible for the satisfactory removal of all refuse accumulated by him on his property or his premises. To prevent propagation, harborage, or attraction of flies, rodents or other vectors and the creation of nuisances, refuse, except for inert materials, shall not be allowed to remain on the premises for more than seven days, except when:
(a) disruptions due to strikes occur, or
(b) severe weather conditions or “Acts of God” make collection impossible using normal collection equipment, or
(c) official holidays interrupt the normal seven day collection cycle in which case collection may be postponed until the next working day. Where it is deemed necessary by the local health officer because of the propagation of vectors and for the protection of public health, more frequent removal of refuse shall be required.
HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
§17332. Regulation of Operators.
History

Each person providing residential, commercial, or industrial solid waste collection services shall comply with all local government licenses, permits or written approval requirements applicable to the city or county in which such services are provided. Such written approval shall be contingent upon the operator's demonstrated capability to comply with these standards and use of equipment which is safe and sanitary. Each enforcement agency of solid waste collection shall maintain a complete listing of all persons holding written approvals to provide solid waste collection services within its jurisdiction. The listings shall contain the name, office, address, telephone number and emergency telephone number if different of each such person, the number and types of vehicles employed by such person in providing such solid waste collection services, and the types of materials authorized for handling.
HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
§17333. Operator Qualifications.
History

When a city, county or special district authorizes or designates a person or firm to provide solid waste collection services within the territory under its jurisdiction through contract, franchise, permit, or license the local government shall obtain proof that such person or firm has adequate financial resources and experience to properly conduct the operation authorized. The facts needed to establish proof shall include but not be limited to the following:
(a) The filing of a performance bond or equivalent security with the local government in a reasonable amount, together with
(b) Evidence submitted to the local government and to the enforcement agency that the person or firm has experience sufficient to meet the needs of the situation within the jurisdiction.
HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
§17334. Ownership of Waste Materials.

Solid wastes subject to collection by a collection service operator shall become the property of the collection service operator subject to local ordinances or contract conditions after such time as the authorized collector takes possession of the wastes. 
COLLECTION AND TRANSPORTATION EQUIPMENT
§17341. Equipment Construction.
History

(H). All equipment used for the collection and/or transportation of solid waste shall be durable, easily cleanable and designed for safe handling, and constructed to prevent loss of wastes from the equipment during collection or transportation. If such equipment is used to collect or transport garbage, other wet or liquid producing wastes, or wastes composed of fine particles, such equipment shall in all cases be non-absorbent and leak resistant. All equipment shall be maintained in good condition and cleaned in a frequency and in a manner so as to prevent the propagation or attraction of flies, rodents, or other vectors and the creation of nuisances.
HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
§17342. Equipment Safety.

(H) Vehicles and equipment used in the transport of garbage and rubbish shall be constructed and maintained in such a manner as to minimize the health and safety hazards to collection personnel and the public.
§17343. Equipment Parking.
History

A refuse collection service operator must designate an off-street location where all refuse collection vehicles will be parked when not in service, except in an emergency.
HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
§17344. Identification of Operator.

Each vehicle used for the collection and transport of refuse shall be clearly marked with the name of the agency or firm operating the vehicle.
§17345. Inspection of Equipment.

(H) Equipment used for solid waste collection shall be made available for inspection as requested by the appropriate Enforcement Agency.
Article 5.4. Waste Tire Monofill Regulatory Requirements
§17346. Authority and Scope.
Note     •     History

(a) This Article sets forth permitting requirements and minimum operating standards for facilities that operate a waste tire monofill as defined in Section 17346.1 of this Article. 
(b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (the Act) commencing with Section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act. 
(c) Nothing in this Article limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict cities or counties from promulgating laws which are at least as strict as the regulations contained in this Article. However, no city or county may promulgate laws which are inconsistent with the provisions of this Article. 
(d) Nothing in this Article shall be construed as relieving any owner or operator from obtaining all required permits, licenses, or other clearances complying with all orders, laws, regulations, or other requirements of other regulatory or enforcement agencies, including, but not limited to, local health agencies, the Regional Water Quality Control Board, the Department of Toxic Substances Control, air quality management district or air pollution control district, local land use authorities, and fire authorities. 
(e) These regulations are intended to provide a sufficient level of information and oversight to ensure that the disposal of waste tires will be conducted in a manner which meets the purposes of the Act, as specified in Public Resources Code Section 40052, while protecting the public health, safety and the environment. 
(f) For the purposes of this Article and Article 5.5 of this Chapter, disposal and storage of waste tires does not include the beneficial reuse of waste tires as the Board may determine on a case-by-case basis. 
(1) Beneficial reuse of altered waste tires is permitted provided the beneficial use does not pose a threat to public health, safety and the environment. 
(2) In order to qualify as a beneficial use, the proposed use must employ one or more of the engineering properties of waste tires and provide equal or superior performance or lower cost relative to conventional technologies and the proposed use must be approved in writing by a registered civil engineer. 
(3) An application to determine if a project is considered a beneficial reuse must be made in writing to the EA and the Board. The EA and the Board will evaluate the proposed project under the criteria set forth in subsections 17346(f)(1) and (2) and will independently determine and notify the applicant whether the proposed project constitutes a beneficial reuse of altered waste tires within ninety (90) days from their receipt of the application. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020, 43021 and 42808, Public Resources Code. 
HISTORY

1. New article 5.4 (sections 17346-17349) and section filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
§17346.1. Definitions.
Note     •     History

For the purposes of this Article: 
Unless the context requires another construction, the definitions set forth in this Article and in Division 30 of the Public Resources Code shall govern the construction of this Article. Certain of the definitions in Division 30 are interpreted herein for the purposes of this Article. The definitions set forth in Title 14, California Code of Regulations, Division 7, Chapter 3, Article 4.1 do not apply to this Article 5.4. 
(a) “Air District” means Air Pollution Control District or Air Quality Management District. 
(b) “Altered Waste Tire” means a waste tire that has been baled, shredded, chopped or split apart. “Altered waste tire” does not mean crumb rubber. 
(c) “Cell” means that portion of compacted waste tires in a waste tire monofill that is enclosed by cover material during a designated period. 
(d) “Local Fire Control Authority” means the public agency responsible for fire prevention and fire suppression for the area where a waste tire monofill facility is located or is proposed to be located. 
(e) “Operator” means the person responsible for the overall operation of a waste tire monofill facility or the owner if there is no operator. 
(f) “Owner” means a person who owns, in whole or in part, a waste tire monofill facility, the waste tires located at a waste tire monofill facility, or the land on which a waste tire monofill facility is located. 
(g) “Rubber fines” are small particles of ground rubber that result as a by-product of producing shredded rubber. 
(h) “RWQCB” means the Regional Water Quality Control Board. 
(i) “Uncontaminated Waste Tires” mean waste tires that are not hazardous waste, as defined in Title 22, California Code of Regulations Sections 66260.10 and 66261.3. 
(j) “Waste Tire Monofill” means a discrete unit, as defined in Title 27, California Code of Regulations, Section 20164, for disposal of only uncontaminated waste tires together with cover. 
(k) “Waste tire monofill facility” means a solid waste facility that has or will have one or more waste tire monofills and that may handle waste tires for the purposes of disposal to a waste tire monofill or mining for recovery of waste tires from a waste tire monofill. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 40160, 42801.5, 42804, 42805, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
§17346.2. Regulatory Tier for Waste Tire Monofill Facilities.
Note     •     History

(a) All Waste Tire Monofill Facilities shall obtain a Full Solid Waste Facilities Permit as set forth in Title 27, California Code of Regulations Sections 21563-21686, but excluding 21565. 
(b) Except as expressly provided otherwise in this Article 5.4, all waste tire monofills shall comply with those provisions of the California Integrated Waste Management Act of 1989 (the Act), commencing with Public Resources Code Section 40000, and regulations promulgated pursuant to the Act which apply to solid waste landfills. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020, 43021 and 44002, Public Resources Code. 
HISTORY

1. New section filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
§17346.3. Applicability of State Minimum Standards.
Note     •     History

(a) Operating Criteria. All waste tire monofills shall comply with the operating criteria set forth in Title 27, California Code of Regulations, Division 2, Chapter 3, Subchapter 4, commencing with Section 20510, except for the following: 
(1) Section 20680. Daily Cover 
(2) Section 20690. Alternative Daily Cover 
(3) Section 20695. Cover Performance Standards 
(4) Section 20700. Intermediate Cover 
(b) Additional Operating Requirements for Waste Tire Monofills. In addition to the requirements set forth in (a) above, all waste tire monofills shall adhere to the following waste tire monofill standards: 
(1) Waste tire monofill facilities shall comply with Title 14, California Code of Regulations, Division 7, Chapter 3, Article 5.5 and with Title 14, California Code of Regulations, Division 7, Chapter 6, Article 8.5. 
(2) Waste tires disposed in a waste tire monofill shall be altered waste tires or shall be otherwise permanently reduced in volume prior to disposal in a manner approved by the EA and the Board on a case-by-case basis. Waste tires disposed in a tire monofill shall also comply with the following specifications, unless alternative specifications are approved pursuant to subsection (b)(10): 
(A) Tire pieces passing a 3 inch (76 mm) square mesh sieve shall be limited to a maximum of 50% by weight and tire pieces passing a 1.5 inch (38 mm) square mesh sieve shall be limited to a maximum of 25% by weight in the waste tire monofill to limit the potential for internal heating. 
(B) The waste tire monofill shall contain less than 1% by weight of tire particles small enough to pass through a no. 4 (4.75 mm) sieve. 
(C) The waste tire monofill shall contain no more than 5% altered tires having metal fragments that protrude more than 2 inches (51 mm) from the cut edges. 
(D) Disposal of any material other than waste tires and cover is prohibited. 
(E) Disposal of the remains of tires that have been subjected to fire shall be prohibited. 
(F) Disposal of factory-reject tire carcasses that have been only partially vulcanized shall be prohibited. 
(G) Disposal of rubber fines shall be restricted to a separate area of the monofill as a discrete cell that is isolated from altered waste tire fill cells and mixed completely with an equal volume of cover during the filling operations. 
(H) In the top 12-inch layer of altered waste tires, a minimum of 90 percent (by weight) of the altered waste tires shall have a maximum dimension, measured in any direction, of 12 inches (305 mm) and 100 percent of the altered waste tires shall have a maximum dimension, measured in any direction, of 18 inches (457 mm). 
(3) Representative samples of altered waste tires to be disposed in a waste tire monofill shall be collected and analyzed for gradation and protruding wire on a monthly basis, or less frequently if approved by the EA and the Board, to ensure compliance with subsections 17346.3(b)(2)(A), (B), and (C). Representative samples of cover to be disposed or utilized at a waste tire monofill shall be tested to ascertain compliance with the limitation on organic matter set forth in subsection 17346.3(b)(5) of this Article 5.4. Records of the results of these samples shall be maintained in the records required by Section 17346.4 of this Article 5.4. 
(4) The last lift of altered waste tires disposed in a waste tire monofill shall be compacted to provide a flat and stable surface. 
(5) Waste tire monofill cells shall not exceed a maximum depth of 20 feet (6 m), and a maximum cell area of 12,500 square feet (1161 square meters). A minimum distance of 2 feet shall be maintained between tire shreds in adjacent cells. Intermediate cover shall be placed to wholly encapsulate each monofill cell. Intermediate cover shall consist of soil with less than 5% organic matter as determined by a loss on ignition test (ASTM D 2974-00) and compacted to the maximum density obtainable at optimum moisture content, plus or minus 3 percent, to obtain a stable surface, using methods that are in accordance with accepted engineering practice. 
(6) The active face of not more than two (2) cells shall be uncovered at any given time within a waste tire monofill facility. 
(7) A minimum of 6 inches (152 mm) of cover shall be placed over the entire working face at the end of each operating day if: (A) the working face is to remain open and inactive for longer than 24 hours; or (B) when there is precipitation. The cover shall consist of the same material used as intermediate cover. 
(8) If more than one waste tire monofill cell is stacked vertically, temperature sensors shall be installed within the underlying cells to monitor cell temperatures. The operator shall submit a plan that sets forth the location and frequency of sensor placement for approval by the EA and the CIWMB. In addition, a fire prevention plan shall be in place to address any zones, which experience sustained elevated temperatures to reduce temperatures to safe levels. Both plans shall be made part of the Fire Prevention, Control and Mitigation Plan, which is defined in Section 17346.5(b)(1). Records of these results of elevated temperature shall be maintained in the records required by Section 17346.4 of this Article 5.4. 
(9) An adequate stockpile of cover and equipment, as required and approved by the EA and the Board, shall be available in the event of fire to insure a cover of a minimum depth of 3 feet on all waste tires, crumb rubber and rubber fines at the waste tire monofill facility exposed to the atmosphere. 
(10) The operator may propose to the EA and the Board alternative operating criteria to those specified in subsections 17346.3(b)(2) through (b)(9) together with information supporting the proposal. The EA and the Board may approve such alternative criteria only if the EA and the Board determine that the alternative criteria protect the public health and safety and the environment at least as effectively as the criteria specified in subsections 17346.3(b)(2) through (b)(9). 
(11) Any mining or excavation of waste tires from a waste tire monofill shall be in accordance with a site-specific excavation and materials management plan approved by the EA and the Board. 
(12) For the purposes of this Article, in addition to the requirements of Title 27, California Code of Regulations, Section 20610 (Training), site personnel shall be trained in fire safety, prevention and suppression. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
§17346.4. Waste Tire Monofill Facility Records.
Note     •     History

(a) In addition the requirements set forth in Title 27, California Code of Regulations, Section 20510, waste tire monofills shall record the following information and maintain it with other facility records: 
(1) Results from temperature sensor monitoring required by this Article 5.4, subsection 17346.3(b)(8). 
(2) Results from the sampling of altered waste tires as required by this Article 5.4, subsection 17346.3(b)(3) 
(3) Results from load checking program as required by Title 27, California Code of Regulations, Section 20870. 
(4) Waste Tire Hauler Manifests as required by Title 14, California Code of Regulations, Section 18459.3. 
(5) Results from the loss of ignition test (ASTM D 2974-00) for cover as required by this Article 5.4, subsection 17346.3(b)(3). 
(6) Any additional records required as part of the terms and conditions of the Full Solid Waste Facilities Permit. 
(b) Notwithstanding subsection 17346.4 (a), for purposes of this Article, the requirements of Title 27, California Code of Regulations, subsection 20515(a)(6)-(MSWLF Unit Records) shall not apply to waste tire monofills. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
§17346.5. Report of Facility Information for Waste Tire Monofill Facilities.
Note     •     History

(a) Each operator of a waste tire monofill facility must file with the EA a Report of Disposal Site Information (RDSI) as required in Title 27, California Code of Regulations, Sections 21590 & 21600. 
(b) In addition to the RDSI requirements set forth in Title 27, California Code of Regulations, Sections 21590 and 21600, the RDSI shall include the following: 
(1) A Fire Prevention, Control and Mitigation Plan which describes the measures the operator will take to: prevent tires from igniting, control and suppress the tire fire if it occurs, and mitigate the environmental impacts created by the tire fire at the waste tire monofill and by extinguishing the fire. The operator of a waste tire monofill facility shall specify the time frames under which any contaminated liquids generated as a result of any tire fire will be contained and removed and remedial actions will be implemented. Prior to Board concurrence in a permit, the time frames must be approved by the Board. 
(2) Written evidence that the operator has submitted the Fire Prevention, Control and Mitigation Plan to the Local Fire Control Authority. 
(3) Written evidence that the applicable Local Fire Control Authority has determined that the waste tire monofill facility, as described in the RDSI, complies with all fire prevention, fire suppression, and other requirements applicable to such facilities within the jurisdiction of the Local Fire Control Authority. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
§17346.6. Design and Construction Standards.
Note     •     History

(a) The waste tire monofill shall be constructed in accordance with design plans and specifications prepared, signed, and stamped by a civil engineer registered by the State of California, pursuant to Section 6762 of the Business and Professions Code. 
(b) As specified in Section 17346.5 of this Article, operators of waste tire monofills shall prepare a Fire Prevention, Control and Mitigation Plan. As part of this plan, an emergency containment system that limits the flow of any contaminated liquids resulting from a fire in the tire monofill must be provided. The emergency containment system must contain any contaminated liquids resulting from a fire in the waste tire monofill and fire suppression for a period consistent with the implementation of the Fire Prevention, Control and Mitigation Plan. The emergency containment system may be the existing natural geologic condition or may be constructed (utilizing clay or composite material together with a protective operations layer). The emergency containment system shall also include a collection system to remove any contaminated liquid that accumulates within the monofill in the event of a fire within or proximate to the tire monofill. The emergency containment system must be able to withstand breaching or rupture due to temperatures and other conditions that may result from a fire within the tire monofill and from activities undertaken to extinguish a fire within the tire monofill or to remediate any hazard or risk of hazard to the public health and safety or the environment due to a fire within the tire monofill. 
(c) Waste tire monofills shall be designed and constructed to minimize water from entering or accumulating in fill areas, or ponding on cells. Storm water may be temporarily collected in lined dewatering sumps that are located on the cells. The design and construction of the tire monofill must allow for the removal of storm water and water that accumulates in the monofill as quickly as necessary to minimize the risk of fire within the monofill, as determined by the EA and the Board. 
(d) The operator of a waste tire monofill shall implement a construction quality assurance (CQA) program to ensure compliance with the above requirements. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
§17346.7. Siting Criteria.
Note     •     History

(a) Waste tire monofill facilities shall not be sited in an area subject to inundation or washout due to floods with a 100-year return period. 
(b) Waste tire monofills shall meet seismic design criteria for Class III units as set forth in Title 27, California Code of Regulations, Section 20370. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
§17347. Closure and Postclosure Maintenance Criteria.
Note     •     History

(a) All waste tire monofills shall comply with the requirements set forth in Title 27, California Code of Regulations, Division 2, Chapter 3, Subchapter 5, Article 2, commencing at Section 21090. 
(b) Notwithstanding subsection 17347(a) above, the operator may propose to the EA and the Board alternative closure and postclosure maintenance criteria to those specified in subsection (a), together with information supporting the proposal. The EA and the Board may approve such alternative criteria only if the EA and the Board determine that the alternative criteria protect the public health and safety and the environment at least as effectively as the criteria specified in subsection 17347(a). 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020, 43021, 43103 and 43501, Public Resources Code. 
HISTORY

1. New section filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
§17347.1. Closure and Postclosure Maintenance Plans.
Note     •     History

All waste tire monofills shall comply with the requirements set forth in Title 27, California Code of Regulations, Chapter 4, Subchapter 4, commencing at Section 21769. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020, 43021, 43103 and 43501, Public Resources Code. 
HISTORY

1. New section filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
§17348. Corrective Action Criteria.
Note     •     History

As part of the facility closure plan, the operator of a waste tire monofill shall establish corrective action procedures that include detecting, characterizing and responding to unpermitted discharges of solid waste to land, the detection of elevated subsurface temperatures and the mitigation of any fire at the facility. The corrective action procedures shall also include an estimated cost to initiate and complete the corrective action for all known and reasonably foreseeable releases from the waste tire monofill. 
NOTE

Authority cited: Sections 40502, 43020, 43021 and 40508, Public Resources Code. Reference: Sections 40508 and 43103, Public Resources Code; and Section 258.73, Title 40, Code of Federal Regulations. 
HISTORY

1. New section filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
§17349. Financial Assurances for Closure, Postclosure Maintenance, Corrective Action and Operating Liability.
Note     •     History

All waste tire monofills shall comply with the requirements set forth in Title 27, California Code of Regulations, Division 2, Chapter 6 commencing at Section 22200. 
NOTE

Authority cited: Sections 40502, 40508 and 43509, Public Resources Code. Reference: Sections 40508, 43040, 43103, 43500, 43600, 43601, 43601.5, 43602 and 43604, Public Resources Code; and Section 258.73, Title 40, Code of Federal Regulations.
HISTORY

1. New section filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
Article 5.5. Waste Tire Storage and Disposal Standards
§17350. Applicability.
Note     •     History

(a) Any facility storing 500 or more waste tires outdoors must comply with the technical and operational standards in sections 17351 through 17355 of this Article. 
(b) Any facility storing waste tires indoors must comply with the technical and operational standards in section 17356 of this Article. 
(c) Waste tires that are disposed of by burying at a solid waste disposal facility are addressed in section 17355 of this Article.
(d) For purposes of determining the applicability of this Chapter, altered waste tires shall be counted as passenger tire equivalents (PTE).
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 5-25-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of section transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Repealer of subsection (b) filed 6-16-98 as an emergency; operative 6-16-98 (Register 98, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-14-98 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed prior to 6-16-98 emergency amendment by operation of Government Code section 11346.1(g) (Register 98, No. 46).
11. Repealer of subsection (b) filed 11-9-98 as an emergency; operative 11-9-98 (Register 98, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-9-99 or emergency language will be repealed by operation of law on the following day.
12. Repealer of subsection (b) refiled 3-5-99 as an emergency; operative 3-5-99 (Register 99, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-99 or emergency language will be repealed by operation of law on the following day.
13. Repealer of subsection (b) refiled 7-2-99 as an emergency; operative 7-6-99 (Register 99, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-3-99 or emergency language will be repealed by operation of law on the following day.
14. Repealer of subsection (b) refiled 10-29-99 as an emergency; operative 10-29-99 (Register 99, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-2000 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 10-29-99 order transmitted to OAL 2-22-2000 and filed 3-31-2000 (Register 2000, No. 13).
16. Repealer and new section heading and amendment of section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17351. Fire Prevention Measures.
Note     •     History

(a) Communication equipment shall be maintained at all facilities, if they are staffed by an attendant, to ensure that the site operator can contact local fire protection authorities in the event of fire.
(b) Adequate equipment to aid in the control of fires must be provided and maintained at the facility at all times. At a minimum the following items shall be maintained on site and in working order at all times:
(1) One (1) dry chemical fire extinguisher;
(2) One (1) two and one-half gallon water extinguisher;
(3) One (1) pike pole or comparable pole at least 10 feet in length to separate burning from non-burning tires; and
(4) One (1) round point and one (1) square point shovel.
(5) One (1) dry chemical fire extinguisher with a minimum rating of 4A:40BC shall be carried on each piece of fuel-powered equipment used to handle waste tires; 
(c) An adequate water supply shall be available for use by the local fire authority. The water supply shall be capable of delivering at least 1,000 gallons per minute for a duration of at least three hours and at least 2,000 gallons per minute for a duration of at least three hours if the sum of altered plus whole waste tires exceeds 10,000.
(d) All of the requirements of subsections (b) and (c) shall apply unless the local fire authority having jurisdiction over a particular facility determines that a different requirement is necessary or adequate to meet the intent of these regulations for fire control and the protection of life and property. This may include the availability of earth moving equipment or other approved means to control the tire fire. Any change in, or any new, local fire authority requirements that affect the requirements in this Article shall be reported to the Board by the operator within 30 days after their effective date. Any requirements approved by the local fire authority shall be subject to Board concurrence at the time of issuance or renewal of the permit.
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 5-25-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of section transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of subsection (b)(3) and new subsection (b)(5) filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17352. Facility Access and Security.
Note     •     History

(a) Signs - for facilities open to the public a sign shall be posted at the facility entrance stating the name of the operator, operating hours, and site rules.
(b) Attendant - An attendant shall be present when the facility is open for business if the facility receives tires from persons other than the operator of the facility.
(c) Access - An access road to the facility must be maintained passable for emergency equipment and vector control vehicles at all times. Unauthorized access must be strictly controlled.
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of subsections (a) and (c) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of subsections (a) and (c) filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17353. Vector Control Measures.
Note     •     History

(a) All waste tires shall be stored in a manner which prevents the breeding and harborage of mosquitoes, rodents, and other vectors by any of the following means:
(1) Cover with impermeable barriers other than soil to prevent entry or accumulation of precipitation; or
(2) Use of treatments or methods to prevent or eliminate vector breeding as necessary, provided the control program is approved as appropriate and effective by the local vector control authority, if such authority exists. If no local vector control authority exists, the local Environmental Health Department or other local agency with authority over vector control shall approve the vector control plan. Any control program approved by the local vector control authority shall be subject to Board concurrence at the time of issuance or renewal of the waste tire facility permit.
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of section transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of subsection (a)(2) filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17354. Storage of Waste Tires Outdoors.
Note     •     History

(a) Except as provided in subsection (c) waste tires shall be restricted to individual piles, which include stacks and racks of tires that do not exceed 5,000 square feet of contiguous area. Any pile shall not exceed 50,000 cubic feet in volume nor 10 feet in height. Piles shall not exceed 6 feet in height when within 20 feet of any property line or perimeter fencing. Waste tires shall not be located within 10 feet of any property line or perimeter fencing. The minimum distance between waste tire piles and between waste tire piles and structures that are located either on-site or off-site shall be as specified in Table I.
(b) Except as provided in subsection (c) waste tires shall be separated from vegetation and other potentially flammable materials by no less than 40 feet. Accessible fire lanes with a minimum width as specified in Table I shall be provided between tire storage units. Fire lanes shall be kept free of flammable or combustible material and vegetation. Access to fire lane(s) for emergency vehicles must be unobstructed at all times. Open flames, blow torches, or highly flammable materials, including but not limited to, tire inner tubes, are prohibited within 40 feet of a waste tire pile.

Table I
Minimum Separation Distances (Ft.)

Length of Exposed 		Tire Storage Pile Height (Ft.)
Face (Ft.)		6		8	10
   25		50		56	62
   50		66		75	84
  100		84		100	116
  150		99		117	135
  200		111		130	149
  250		118		140	162
(c) All of the requirements in subsections (a) and (b) shall apply to the storage of waste tires unless, for any particular requirement, the local fire authority having jurisdiction over a particular facility determines that a different requirement is necessary or adequate to meet the intent of these regulations for the prevention of fire and the protection of life and property. Any change in, or any new, local fire authority requirements that affect the requirements in this Article shall be reported to the Board by the operator within 30 days after their effective date. Any requirements approved by the local fire authority shall be subject to Board concurrence at the time of issuance or renewal of the permit.
(d) Surface water drainage shall be directed around and away from the waste tire storage area.
(e) Waste tires at existing waste tire facilities shall not be stored on surfaces with grades that will interfere with fire fighting equipment or personnel unless mitigation measures have been approved in writing by the local fire authority, or a fire safety engineer registered by the State of California. Measures established by a fire safety engineer shall be subject to approval by the local fire authority.
(f) New waste tire facilities shall not:
(1) Be sited in any area where they may be subjected to immersion in water during a 100-year storm unless the operator demonstrates to the Board that the facility will be designed and operated so as to prevent waste tires from migrating off-site; or
(2) Be located on sites with grades or other physical features that will interfere with fire fighting equipment or personnel.
(g) Tires must be removed from rims immediately upon arrival at the facility.
(h) The site shall be designed and constructed to provide protection to bodies of water from runoff of pyrolytic oil resulting from a potential tire fire.
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of subsections (a), (b), and (d)-(h) and amendment of subsection (c) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of section heading, subsection (a) and Table 1 filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17355. Disposal of Waste Tires at Solid Waste Facilities.
Note     •     History

(a) Waste tires may not be landfilled in a solid waste disposal facility which is permitted pursuant to Chapter 3 of Part 4 of the Public Resources Code, commencing with section 44001, unless they are permanently reduced in volume prior to disposal by shredding, or other methods subject to the EA approval and Board approval.
(b) The requirement of subsection (a) shall not apply to waste tires received which are commingled with municipal solid waste that arrive in loads, where the waste tires comprise less than one-half of one (0.5) percent by weight of the total load, or where the waste tires inadvertently arrive in homeowner delivered household loads of mixed waste and are not readily removable from the waste stream; or
(c) All waste tires stored at a solid waste facility shall meet the requirements of this Article.
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of section transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of section heading and section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17356. Indoor Storage.
Note     •     History

Waste tires stored indoors must be stored under conditions that meet or exceed those in “The Standard for Storage of Rubber Tires”, National Fire Protection Association, NFPA 231D-1989 edition, published by the National Fire Protection Association, which is incorporated by reference. This requirement shall apply unless the local fire authority having jurisdiction over a particular facility determines that a different requirement is necessary or adequate to meet the intent of these regulations for fire control and the protection of life and property. Any change in, or any new, local fire authority requirements that affect the requirements in this Article shall be reported to the Board by the operator within 30 days after their effective date.
NOTE

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of section transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Repealer of subsection (a) designator and subsections (b)-(b)(2) filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
Article 5.6. Nonhazardous Petroleum Contaminated Soil Operations and Facilities Regulatory Requirements
§17360. Authority and Scope.
Note     •     History

(a) This Article sets forth permitting requirements and minimum operating standards for operations that handle only nonhazardous petroleum contaminated soil, as specified. This Article is not applicable to Class II or III landfills that handle other waste types in addition to contaminated soil.
(b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.
(c) This Article implements those provisions of the Act relating to the handling of nonhazardous petroleum contaminated soil. Nothing in this Article is intended to limit the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer.
(d) Nothing in this Article shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all required permits, licenses, or other clearances and complying with all orders, laws regulations, or reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local health entities, regional water quality control boards and air quality management districts or air pollution control districts, local land use authorities, and fire authorities.
(e) Nothing in this Article is intended to require the owner or operator of a contaminated soil transfer/processing operation or disposal facility to comply with the Enforcement Agency Notification requirements or to obtain a tiered solid waste facilities permit pursuant to this Article if that owner or operator already has a valid full solid waste facilities permit pursuant to section 44001 of the Public Resources Code.
(f) Operations and facilities subject to this Article shall be in compliance with the provisions of this Article within 90 days after effective date.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New article 5.6 (sections 17360-17366) and section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§17361. Definitions.
Note     •     History

For the purposes of this Article:
(a) “Air District” means Air Pollution Control District or Air Quality Management District.
(b) “Contaminated Soil” means soil that:
(1) contains designated or nonhazardous concentrations, as set forth in Title 23, Chapter 15, Article 1, section 2510 et seq. of the California Code of Regulations, of petroleum hydrocarbons, such as gasoline and its components (benzene, toluene, xylene, and ethylbenzene), diesel and its components (benzene), virgin oil, motor oil, or aviation fuel, and lead as an associated metal; and
(2) has been determined pursuant to section 13263(a) of the Water Code to be a waste that requires regulation by the RWQCB or Local Oversight Agency.
(c) “Contaminated Soil Transfer/Processing Operation” means an operation that handles only contaminated soil for purposes of treatment, storage, or transfer. It does not include manufacturing operations.
(d) “Contaminated Soil Disposal Facility” means a facility that handles only contaminated soil for purposes of disposal. It does not include manufacturing operations.
(e) “Disposal” means
(1) final deposition of contaminated soil onto land, or,
(2) when located at a transfer/processing operation(s), deposition of contaminated soil onto land for a combined period of time greater than one year for transfer, storage, and/or treatment.
(3) Notwithstanding subdivision (e)(2) of this section, deposition of contaminated soil onto land shall not constitute disposal if the RWQCB or the enforcement agency authorizes contaminated soil to remain within the operations area for a period of time greater than one year for the purpose of treatment.
(4) Once the enforcement agency has reason to believe that contaminated soil has been disposed, the burden of proof shall be on the owner or operator to demonstrate that disposal has not occurred.
(5) Disposal does not include the use of contaminated soil for cover material at a solid waste landfill. Notwithstanding this section, contaminated soil shall still require approval for use as cover by the CIWMB and possibly other governmental agencies, including the RWQCB and Air Districts.
(f) “Local Oversight Agency” means the department, office, or other agency of a county or city authorized pursuant to law other than the Act, commencing with section 40000 of the Public Resources Code, to oversee the cleanup of contaminated soil at a specific location, including but not limited to those agencies designated pursuant to Health and Safety Code section 25283 (Underground Storage Tanks).
(g) “Manufacturing” means using contaminated soil as a raw material in making a finished product that is distinct from soil. Such finished products include but are not limited to asphalt and asphaltic concrete.
(h) “Noncontaminated Soil” means soil that is not required to be regulated as a waste by the RWQCB or Local Oversight Agency.
(i) “Operations Area” means the following areas within the boundary of a contaminated soil transfer/processing operation or disposal facility which is regulated by the CIWMB, the boundary may or may not be the same as the property boundary and could reflect a smaller area:
(1) equipment management area, including cleaning, maintenance, and storage areas;
(2) stocking areas for contaminated soil; and,
(3) treatment and/or transfer and/or storage and/or disposal areas.
(j) “Operator” means the owner; or other person who through a lease, franchise agreement or other arrangement with the owner, is legally responsible for all of the following:
(1) complying with regulatory requirements set forth in this Article;
(2) complying with all applicable federal, state and local requirements;
(3) the design, construction, and physical operation of the operations area; and
(4) site restoration.
(k) “Owner” means the person or persons who own, in whole or in part, a contaminated soil transfer/processing operation or disposal facility, or the land on which it is located.
(l) “RWQCB” means the Regional Water Quality Control Board.
(m) “Site” means the operations area.
(n) “Transfer” means a handling method where contaminated soil is received temporarily for purposes of transferring from one vehicle to another.
(o) “Treatment” means a reduction in petroleum hydrocarbons present in contaminated soil to a concentration specified by the RWQCB or Local Oversight Agency. Treatment methods may include, aeration, bioremediation, thermal, solidification and chemical fixation, and soil washing.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§17362.0. Regulatory Tiers for Contaminated Soil Operations and Facilities.
Note     •     History

Sections 17362.1 through 17362.3 set forth the regulatory tier requirements (commencing at section 18100) that apply to specified types of contaminated soil operations and facilities.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§17362.1. Excluded Operations.
Note     •     History

The solid waste handling operations and facilities listed in this section do not constitute contaminated soil transfer/processing operations or disposal facilities for the purposes of this Article and are not required to meet the requirements set forth herein. Nothing in this section precludes the enforcement agency or the board from inspecting an excluded operation or facility to verify that the operation or facility is being conducted in a manner that qualifies as an excluded operation or facility or from taking any appropriate enforcement action.
(a) Transfer/processing of contaminated soil:
(1) from a single generator source owned or leased by the generator, its parent, or subsidiary to property owned or leased by the same generator, its parent, or subsidiary; or,
(2) from a single generator source owned or leased by the generator, its parent, or subsidiary to a specific location for a one time treatment that is within the jurisdiction of the RWQCB and/or the Local Oversight Agency, and/or air district.
(b) Disposal of contaminated soil from a single Petroleum Exploration and Production Company, its parent, or subsidiary to property owned or leased by the same Petroleum Exploration and Production Company, its parent, or subsidiary.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§17362.2. Contaminated Soil Transfer/Processing Operations.
Note     •     History

All contaminated soil transfer/processing operations, except as otherwise provided in this Article, shall comply with the Enforcement Agency Notification requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing at section 18103). These operations shall be inspected by the enforcement agency at least once quarterly.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§17362.3. Contaminated Soil Disposal Facilities.
Note     •     History

All contaminated soil disposal facilities, except as otherwise provided in section 17362.1, shall obtain a Standardized Contaminated Soil Solid Waste Facilities Permit, as set forth in form CIWMB 90 “Contaminated Soil Standardized Solid Waste Facilities Permit” (new 8/95), which is incorporated herein by reference (See Appendix A.), pursuant to the requirements of Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18105).
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
2. Change without regulatory effect amending section filed 11-4-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 45).
§17363. Standardized Contaminated Soil Solid Waste Facilities Permit Terms and Conditions.
Note     •     History

The enforcement agency shall include in a Standardized Contaminated Soil Solid Waste Facilities Permit only those terms and conditions, and no others, contained in form CIWMB 90 “Contaminated Soil Standardized Solid Waste Facilities Permit” (rev. 12/96), which is incorporated herein by reference. (See Appendix A.)
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
2. Change without regulatory effect amending section and moving for CIWMB-90 to Appendix A (following section 18831) filed 11-4-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 45).
3. Change without regulatory effect amending section filed 2-6-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 6).
§17364.0. Contaminated Soil Operation and Facility Standards.
Note     •     History

Sections 17364.1 through 17364.3 set forth the minimum standards that apply to all types of contaminated soil operations and facilities.
NOTE

Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
HISTORY

1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§17364.1. Siting on Landfills.
Note     •     History

(a) Contaminated soil operations and facilities located on top of closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 14, Division 7, Chapter 3, Article 7.8, section 17796 of the California Code of Regulations.
(b) Contaminated soil operations and facilities that would be located on top of intermediate cover on a solid waste landfill shall locate operations on areas on foundation substrate that is stabilized by compaction to minimize differential settlement, ponding, soil liquefaction, or failure of pads or structural foundations.
NOTE

Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
HISTORY

1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§17364.2. General Design Requirements.
Note     •     History

Contaminated soil operations and facilities shall be designed and constructed in such a manner as to ensure that the operations and facilities comply with the operational requirements set forth in this Article. A copy of the design of the contaminated soil disposal facility is required as part of the Report of Contaminated Soil Disposal Site Information, as set forth in section 18224.
NOTE

Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
HISTORY

1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§17364.3. General Operating Standards.
Note     •     History

(a) All activities shall be conducted in a manner that minimizes litter, nuisances, dust, noise impacts, or other public health and safety and environmental hazards.
(b) Unauthorized human or animal access to the operation or facility shall be prevented.
(c) Traffic flow into, on, and out of the operation and facility shall be controlled in a safe manner.
(d) All operations and facilities open for public business shall post legible signs at all public entrances that include the following:
(1) name of the operation,
(2) name of the operator,
(3) hours of operation,
(4) specify that only nonhazardous petroleum contaminated soil will be accepted, and
(5) phone number where operator or designee can be reached in case of an emergency.
(e) The operator shall provide telephone or radio communication capability for emergency purposes.
NOTE

Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
HISTORY

1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§17365. General Record Keeping Requirements.
Note     •     History

All contaminated soil/transfer operations and disposal facilities shall meet the following requirements:
(a) All records required by this Article shall be kept by the operator in one location and accessible for five (5) years and shall be available for inspection by authorized representatives of the board, enforcement agency, local health entity, and other duly authorized regulatory and enforcement agencies during normal working hours.
(b) The operator shall maintain a log of special occurrences encountered during operation and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures. Special occurrences may include: fires, injury and property damage accidents, explosions, discharge of hazardous or other wastes not permitted, flooding and other unusual occurrences.
(c) The operator shall record any written public complaints received by the operator, including:
(1) the nature of the complaint,
(2) the date the complaint was received,
(3) if available, the name, address, and telephone number of the person or persons making the complaint, and
(4) any actions taken to respond to the complaint.
(d) The operator shall record, as specified by the RWQCB, the types and concentrations of constituents, the date, and quantity of contaminated soil accepted at the operation or facility; and for treatment, transfer, or storage operations, the types and concentrations of constituents, the date, and quantity of contaminated and noncontaminated soil leaving the operations. Where no requirements have been specified by the appropriate RWQCB, the operator shall record the same information as provided by generator source. The operator shall also record the name of all transfer, storage, and/or treatment operations where the contaminated soil was located prior to the receipt by the operator and the dates the contaminated soil was received at each of these operations and removed.
NOTE

Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
HISTORY

1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§17366. Contaminated Soil Operation and Facility Restoration.
Note     •     History

All contaminated soil operations and facilities shall meet the following requirements:
(a) The operator shall provide the enforcement agency written notice of intent to perform site restoration, at least 30 days prior to beginning site restoration.
(b) The operator(s) and owner(s) shall provide site restoration necessary to protect public health, safety, and the environment.
(c) The operator(s) and owner(s) shall provide site restoration necessary to protect public health, safety, and the environment.
(c) The operator shall ensure that the following site restoration procedures are performed upon completion of operation and termination of service:
(1) the operation grounds, excluding the disposal area, shall be cleaned of all contaminated soil, construction scraps, and other materials related to the operation, and these materials legally recycled, reused, or disposed of,
(2) all machinery shall be cleaned of contaminated soil, and
(3) al remaining structures shall be cleaned of contaminated soil.
NOTE

Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
HISTORY

1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
Article 5.7. Hazardous Waste Disposal Facilities Disposing Nonhazardous, Nonputrescible, Industrial Solid Waste Regulatory Requirements
§17367. Authority and Scope.
Note     •     History

(a) This Article sets forth permitting requirements and minimum operating standards for those hazardous waste disposal facilities which hold a valid Hazardous Waste Facility Permit from the Department of Toxic Substances Control and codispose nonhazardous, nonputrescible, industrial solid waste with hazardous waste in one or more waste management units within the disposal facility.
(b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with Section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.
(c) Nothing in this Article limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict cities or counties from promulgating laws which are at least as strict as the regulations contained in this Article. However, no city or county may promulgate laws which are inconsistent with the provisions of this Article or Title 22 California Code of Regulations, Division 4.5.
(d) Nothing in this Article shall be construed as relieving any owner or operator, from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or other requirements of other regulatory or enforcement agencies, including, but not limited to, local health agencies, the Regional Water Quality Control Board, the Department of Toxic Substances Control, air quality management district or air pollution control district, local land use authorities, and fire authorities.
(e) These regulations are intended to provide a sufficient level of information and oversight to ensure that the codisposal of nonhazardous, nonputrescible, industrial solid waste at a hazardous waste disposal facility will be conducted in a manner which meets the purposes of the Act, as specified in Public Resources Code Section 40052, while protecting the public health, safety and the environment.
NOTE

Authority cited: Sections 40502, 43020, 43021 and 44103, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New article 5.7 (sections 17367-17370.2) and section filed 7-31-2000 as an emergency; operative 10-1-2000 (Register 2000, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-29-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 5.7 (sections 17367-17370.2) and section refiled 1-29-2001 as an emergency; operative 1-29-2001 (Register 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-29-2001 or emergency language will be repealed by operation of law on the following day.
3. New article 5.7 (sections 17367-17370.2) and section refiled 5-17-2001 as an emergency; operative 5-30-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-27-2001 or emergency language will be repealed by operation of law on the following day.
4. New article 5.7 (sections 17367-17370.2) and section refiled 9-24-2001 as an emergency; operative 9-28-2001 (Register 2001, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-28-2002 or emergency language will be repealed by operation of law on the following day.
5. New article 5.7 (sections 17367-17370.2) and section refiled 12-11-2001 as an emergency; operative 1-23-2002 (Register 2001, No. 50). A Certificate of Compliance must be transmitted to OAL by 5-23-2002 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-11-2001 order, including amendment of subsection (c), transmitted to OAL 4-10-2002 and filed 5-21-2002 (Register 2002, No. 21).
§17368. Definitions.
Note     •     History

For the purposes of this Article:
(a) “Air District” means Air Pollution Control District or Air Quality Management District.
(b) “Board” means the California Integrated Waste Management Board.
(c) “Codisposal” means the final deposition of nonhazardous, nonputrescible, industrial solid waste disposed with hazardous waste in a waste management unit.
(d) “Cover” mean soils or alternative materials used in covering the nonhazardous, nonputrescible, industrial solid waste in a hazardous waste disposal facility waste management unit.
(e) “DTSC” means Department of Toxic Substances Control.
(f) “EA” means enforcement agency as defined in Public Resources Code section 40130.
(g) “Hazardous waste disposal facility,” or “facility” means a disposal facility that holds and maintains a valid Hazardous Waste Facility Permit issued by the Department of Toxic Substances Control pursuant to section 25200 of the California Health and Safety Code.
(h) “Nonhazardous, Nonputrescible, Industrial Solid Waste” means solid waste (as defined in Public Resources Code Section 40191) which also meets all of the following criteria:
(1) Nonputrescible: Solid wastes which are not capable of being decomposed by micro-organisms with sufficient rapidity as to cause odors, gases, attraction of vectors or other offensive conditions. For example, wastes that are putrescible, and do not qualify as nonputrescible, include without limitation food wastes, offal and dead animals.
(2) Liquid Content: Solid wastes that contain no free liquid, whether such wastes are in bulk or in containers. The absence of free liquid shall be determined by the method specified in Title 22 California Code of Regulations section 66264.314(b).
(3) Nonhazardous, Nonputrescible, Industrial Solid Waste expressly excludes:
(A) Household waste as defined in Title 27 California Code of Regulations section 20164;
(B) Wastes which are prohibited at any hazardous waste disposal facility by applicable statutes or regulations of any governmental body having jurisdiction; and
(C) With respect to a specific hazardous waste disposal facility, wastes which are prohibited at that particular hazardous waste disposal facility by the terms and conditions of any permit or entitlement to use issued by a governmental body.
(i) “Operating Record” means a facility's records of compliance with the requirements set forth in this Article.
(j) “RWQCB” means the Regional Water Quality Control Board.
(k) “Waste management unit” or “unit” means an area within a hazardous waste disposal facility where hazardous wastes may be disposed pursuant to a hazardous waste facility permit issued by the Department of Toxic Substances Control, expressly excluding surface impoundments.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-31-2000 as an emergency; operative 10-1-2000 (Register 2000, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-29-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-29-2001 as an emergency; operative 1-29-2001 (Register 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-29-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 5-17-2001 as an emergency; operative 5-30-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-27-2001 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 9-24-2001 as an emergency; operative 9-28-2001 (Register 2001, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-28-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 12-11-2001 as an emergency; operative 1-23-2002 (Register 2001, No. 50). A Certificate of Compliance must be transmitted to OAL by 5-23-2002 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-11-2001 order, including repealer of subsections (h)(3)-(h)(4)(C) and subsection renumbering, transmitted to OAL 4-10-2002 and filed 5-21-2002 (Register 2002, No. 21).
§17369. Regulatory Tier for Hazardous Waste Disposal Facilities Codisposing Nonhazardous, Nonputrescible, Industrial Solid Waste.
Note     •     History

(a) All hazardous waste disposal facilities codisposing nonhazardous, nonputrescible, industrial solid waste shall comply with the Registration Permit requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18104). These facilities shall be inspected monthly by the EA, or more frequently if necessary to verify compliance with the standards set forth in this Article. “Hazardous waste” (as defined in Title 22 California Code of Regulations sections 66260.10 and 66261.3) shall not be accepted under the provisions of the Registration Permit issued pursuant to this section.
(b) In addition to the Registration Permit Application required by subdivision (a) of this section, each operator of a hazardous waste disposal facility shall file with the EA a “Nonhazardous, Nonputrescible, Industrial Solid Waste Codisposal Plan” (Plan) (as specified in section 18225). The information contained in the Plan shall be reviewed by the EA, in the same manner as required for the application, to determine whether it is complete and correct as defined in Title 14, Division 7, Chapter 5.0, Article 3.0, section 18101. The EA shall obtain written verification from Board staff that section 18225(g) and (h) of Article 3.2 are correct prior to their determination of a complete and correct application.
(c) A hazardous waste disposal facility that accepts other types of solid wastes, which do not meet the definition of “nonhazardous, nonputrescible, industrial solid waste”, shall obtain a Full Solid Waste Facilities Permit pursuant to the requirements of Title 27 California Code of Regulations, Division 2, Subdivision 1, Chapter 4 (§21450 et seq.) prior to commencing operations. “Hazardous waste” (as defined in Title 22 California Code of Regulations sections 66260.10 and 66261.3) shall not be accepted under the provisions of the Full Solid Waste Facilities Permit issued pursuant to Title 27 California Code of Regulations.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-31-2000 as an emergency; operative 10-1-2000 (Register 2000, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-29-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-29-2001 as an emergency; operative 1-29-2001 (Register 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-29-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 5-17-2001 as an emergency; operative 5-30-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-27-2001 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 9-24-2001 as an emergency; operative 9-28-2001 (Register 2001, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-28-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 12-11-2001 as an emergency; operative 1-23-2002 (Register 2001, No. 50). A Certificate of Compliance must be transmitted to OAL by 5-23-2002 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-11-2001 order, including amendment of subsections (a) and (b) and new subsection (c), transmitted to OAL 4-10-2002 and filed 5-21-2002 (Register 2002, No. 21).
§17370.1. General Operating Standard.
Note     •     History

The daily cover shall be applied as approved by Department of Toxic Substances Control pursuant to Title 22 California Code of Regulations sections 66264.301(i) or 66265.301(i), as applicable, or the Air District, whichever requirement is more stringent.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-31-2000 as an emergency; operative 10-1-2000 (Register 2000, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-29-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-29-2001 as an emergency; operative 1-29-2001 (Register 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-29-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 5-17-2001 as an emergency; operative 5-30-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-27-2001 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 9-24-2001 as an emergency; operative 9-28-2001 (Register 2001, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-28-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 12-11-2001 as an emergency; operative 1-23-2002 (Register 2001, No. 50). A Certificate of Compliance must be transmitted to OAL by 5-23-2002 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-11-2001 order, including amendment of section, transmitted to OAL 4-10-2002 and filed 5-21-2002 (Register 2002, No. 21).
§17370.2. Record Keeping Requirements.
Note     •     History

Each operator of a hazardous waste disposal facility shall meet the following requirements with respect to nonhazardous, nonputrescible, industrial solid waste disposed at the facility:
(a) All records required by this Article shall be kept in one location and accessible for three years and shall be available for inspection by authorized representatives of the EA, the Board, and other duly authorized regulatory and enforcement agencies during normal working hours. If necessary, copies of these records may be maintained at an alternative site, as long as that site is easily accessible to the EA.
(b) The operator shall notify the EA by telephone within 24 hours of all incidents requiring the implementation of emergency procedures, unless the EA determines that a less immediate form of notification will be sufficient to protect public health and safety and the environment, as it relates to the acceptance and disposal of nonhazardous, nonputrescible, industrial solid wastes (as defined in section 17368 of this Article).
(c) The operator shall maintain records of the tonnage of nonhazardous, nonputrescible, industrial solid waste that is codisposed in each waste management unit at the facility on a daily basis. The operator shall also maintain records of the tonnage of hazardous waste codisposed in each waste management unit at the facility on a monthly basis. These records shall be provided to the EA or the Board upon request.
(d) By March 1 of each year, the operator shall annually report to the EA and the Board the total amount of nonhazardous, nonputrescible, industrial solid waste and hazardous waste codisposed the previous year.
(e) The operator shall maintain a copy of the demonstration required pursuant to Title 14 California Code of Regulations section 18225(f) in the operating record.
(f) The operator shall provide the EA with written notice of intent (Notice) to close a waste management unit at least 60 days prior to beginning unit closure, and maintain a copy of the Notice in the operating record.
(g) All such facilities shall maintain records as required by Title 14 California Code of Regulations section 18810 et seq.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 43501, Public Resources Code.
HISTORY

1. New section filed 7-31-2000 as an emergency; operative 10-1-2000 (Register 2000, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-29-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-29-2001 as an emergency; operative 1-29-2001 (Register 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-29-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 5-17-2001 as an emergency; operative 5-30-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-27-2001 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 9-24-2001 as an emergency; operative 9-28-2001 (Register 2001, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-28-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 12-11-2001 as an emergency; operative 1-23-2002 (Register 2001, No. 50). A Certificate of Compliance must be transmitted to OAL by 5-23-2002 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-11-2001 order, including amendment of subsections (a), (e) and (f) and new subsection (g), transmitted to OAL 4-10-2002 and filed 5-21-2002 (Register 2002, No. 21).
Article 5.8. Nonhazardous Ash Regulatory Tier Requirements
§17375. Authority and Scope.
Note     •     History

(a) This Article sets forth permitting requirements and minimum operating standards for operations and facilities that handle and/or dispose of nonhazardous ash, as specified. This Article is not applicable to Class II or III landfills that handle and/or dispose of other waste types in addition to nonhazardous ash.
(b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.
(c) This Article implements those provisions of the Act relating to the handling and/or disposal of nonhazardous ash. Nothing in this Article is intended to limit the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer.
(d) Nothing in this Article shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local health entities, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.
(e) These regulations are intended to provide a sufficient level of information and oversight to ensure that the transfer and processing, or monofilling of nonhazardous ash will be conducted in a manner which meets the purposes of the Act while protecting public health, safety and the environment. Materials that may otherwise be disposed to landfills may be, among other things, processed to reduce, reuse, and recycle the material to the maximum extent feasible in an efficient and cost-effective manner to conserve water, energy and other natural resources.
(f) Operations and facilities subject to this Article shall be in compliance with the provisions of this Article within 90 days after the effective date of this Article.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New article 5.8 (sections 17375-17379.1) and section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).
§17376. Definitions.
Note     •     History

For the purposes of this Article:
(a) “Air District” means Air Pollution Control District or Air Quality Management District.
(b) “Disposal” means:
(1) final deposition of nonhazardous ash onto land.
(2) stockpiling of nonhazardous ash onto land for a combined period of time greater than six months when located for use at the site of a transfer/processing operation(s) unless the RWQCB in consultation with the enforcement agency authorizes nonhazardous ash to remain within the operations area for a period of time greater than six months.
(3) disposal does not include the use of nonhazardous ash for cover material at a solid waste landfill. Notwithstanding this section, use of nonhazardous ash as a cover material shall still require approval for use pursuant to Title 27 California Code of Regulations section 20680 and may require additional approvals from other governmental agencies, including, but not limited to RWQCB and Air Districts.
(4) disposal does not include the use of nonhazardous ash for a reclamation project as defined in section 17376(m).
(5) disposal does not include the use of nonhazardous ash for snow and ice control, roadbase/subbase, walk areas, parking areas, airport runways, trails, dairy or feedlot soil stabilization, structural fill, sludge/manure/waste stabilizing material, compost mineral filler, smelter flux, blending in a soil product, and similar uses in accordance with Public Resources Code section 40180. Nonhazardous ash used for these purposes is not subject to the requirements of this Article. Nothing in this section precludes the enforcement agency or the CIWMB from inspecting any of the activities listed in this subdivision to verify that the activity qualifies for this exception from the definition of disposal.
(6) disposal does not include land application of nonhazardous ash as defined in section 17376(e).
(7) Should the enforcement agency have information that a nonhazardous ash handler is engaging in other activities that are subject to this Article, the burden of proof shall be on the land owner or operator to demonstrate otherwise.
(c) “Fully Enclosed Structure” means either a building with a roof and walls that prevent rain and wind from affecting the material, or covered container.
(d) “Generator” means the nonhazardous ash producer.
(e) “Land Application” means the application of nonhazardous ash to forest, agricultural, and range land in accordance with California Department of Food and Agriculture requirements for a beneficial use as authorized by Food and Agricultural Code section 14501 et seq. Land application does not constitute disposal and is not subject to the requirements of this Article.
(f) “Manufacturing” means using nonhazardous ash as a raw material in making a finished product that is distinct from nonhazardous ash. Such finished products include but are not limited to cement and concrete products, asphalt, blasting grit, roofing granules and tiles, wallboard, bricks, vitrified clay pipe, stucco and decorative rock. Nonhazardous ash used in manufacturing is not subject to the requirements of this Article. Should the enforcement agency have information that a nonhazardous ash manufacturer is engaging in other activities that are subject to this Article, the burden of proof shall be on the land owner or operator to demonstrate otherwise.
(g) “Nonhazardous Ash” means the nonhazardous residue from the combustion of material or the hazardous residue which may be managed as a nonhazardous waste in accordance with Title 22 California Code of Regulations section 66260.200(f) or 66260.210. The classification of a waste as hazardous or nonhazardous is made pursuant to Title 22 California Code of Regulations section 66260.200.
(h) “Nonhazardous Ash Disposal/Monofill Facility” or “Facility” means a facility that handles only nonhazardous ash for purposes of disposal and is not a landfill pursuant to Public Resources Code section 40195.1.
(i) “Nonhazardous Ash Transfer/Processing Operation” or “Operation” means an operation that handles only nonhazardous ash for purposes of transfer, treatment, or storage. This definition does not include transformation, biomass conversion, or other incineration facilities.
(j) “Operations Area” means the following areas within the boundary of an operation or facility that are subject to this Article, although the boundary may or may not be the same as the property boundary:
(1) equipment management area, including cleaning, maintenance, and storage areas;
(2) stockpiling areas for nonhazardous ash;
(3) transfer and/or processing and/or disposal areas.
(k) “Operator” means the land owner or other person who, through a lease, franchise agreement or other contract with the land owner is legally responsible for all of the following:
(1) transfer/processing operations or disposal;
(2) complying with all applicable federal, state and local requirements relating to the operation;
(3) the design, construction, and physical operation of a transfer/processing operation or disposal/monofill facility;
(4) operations site restoration of a transfer/processing operation or disposal/monofill facility.
(l) “Owner” means the person or persons who own, in whole or in part, a nonhazardous ash transfer/processing operation, disposal/monofill facility, or the land on which it is located.
(m) “Reclamation Project” means the use of nonhazardous ash in accordance with the requirements of the Office of Mine Reclamation of the Department of Conservation as authorized by Public Resources Code section 2770 et seq. Reclamation projects do not constitute disposal and is not subject to the requirements of this Article.
(n) “RWQCB” means the Regional Water Quality Control Board.
(o) “Site” means the operations area.
(p) “Treatment” means any method, technique, or process which changes or is designed to change the physical, chemical, or biological character or composition of nonhazardous ash. Treatment may also include the removal or reduction of harmful properties or characteristics for any purpose including, but not limited to, material recovery or reduction in volume.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40180, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).
§17377.0. Regulatory Tiers for Nonhazardous Ash Operations and Facilities.
Note     •     History

Sections 17377.1 through 17377.3 set forth the regulatory tier requirements (commencing with section 18100) that apply to specified types of nonhazardous ash operations and facilities. These requirements are summarized in Table 1.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).

View Graphic
§17377.1. Excluded Operations.
Note     •     History

The solid waste handling operations and facilities listed in this section do not constitute nonhazardous ash transfer/processing operations, or disposal/monofill facilities for the purposes of this Article, and are not required to meet the requirements set forth herein.
(a) Transfer/processing operations of nonhazardous ash are excluded from the requirements of this Article when the only activity is:
(1) the transfer/processing from land owned by a single nonhazardous ash generator source or leased by the generator, its parent, or subsidiary, to property owned or leased by the same generator, its parent, or subsidiary; or,
(2) storage within a fully enclosed weathertight structure.
(b) Nothing in this section precludes the enforcement agency or the CIWMB from inspecting an excluded operation or facility to verify that the operation or facility is being conducted in a manner that qualifies as an excluded operation or facility, or from taking any appropriate enforcement action.
(c) Should the enforcement agency have information that a nonhazardous ash operation is not excluded in accordance with this section, the burden of proof shall be on the land owner or operator to demonstrate otherwise.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).
§17377.2. Nonhazardous Ash Transfer/Processing Operations.
Note     •     History

(a)  All operators of nonhazardous ash transfer/processing operations, except as otherwise provided in this Article, shall comply with the Enforcement Agency Notification requirements set forth in the California Code of Regulations, Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18103).
(b) In addition to the requirements of subdivision (a), the following statement shall be included in the enforcement agency notification and signed by the operator: “The undersigned certify under penalty of perjury that the information in this document and all attachments are true and correct to the best of my knowledge, and is being executed in accordance with the requirements of the California Code of Regulations, Title 14, Division 7, Chapter 3, Article 5.8 (commencing with section 17375). I certify that the ash as represented in this document is nonhazardous and from a nonhazardous feedstock as defined in section 17376(g) and is to be managed in accordance with this notification. I am aware that there are significant penalties for submitting false or misleading information in this certification, including the possibility of fine or imprisonment, or both.”
(c) A new Enforcement Agency Notification is required any time there are changes to information required by this section.
(d) These operations may be inspected by the enforcement agency as necessary for the protection of public health, safety and the environment.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).
§17377.3. Nonhazardous Ash Disposal/Monofill Facilities.
Note     •     History

(a) All nonhazardous ash disposal/monofill facilities, shall obtain a Standardized Nonhazardous Ash Solid Waste Facility Permit pursuant to the requirements of the California Code of Regulations, Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18105).
(b) The enforcement agency shall include only those terms and conditions, and no others, contained in CIWMB Form 98 (new 7/96) Standardized Nonhazardous Ash Solid Waste Facility Permit, set forth in Appendix A in this Division.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).
§17378.0. Applicability of State Minimum Standards for Nonhazardous Ash Operations and Facilities.
Note     •     History

Sections 17378.1 through 17378.3 set forth the minimum standards that apply to all types of nonhazardous ash operations and facilities. Approvals, determinations and other requirements which the enforcement agency is authorized to make under Article 5.8 shall be provided in writing to the operator. The operator shall maintain a copy of these approvals in addition to those records identified in section 17379.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).
§17378.1. Siting On Landfills.
Note     •     History

(a) Nonhazardous ash operations and facilities or portions thereof, located atop closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 27 California Code of Regulations section 21190.
(b) Operations and facilities or portions thereof, located on intermediate cover on a solid waste landfill shall locate operations areas on foundation substrate that is stabilized, either by natural or mechanical compaction, to minimize differential settlement, ponding, soil liquefaction, or failure of pads or structural foundations.
(c) Operations and facilities or portions thereof, located on intermediate cover on a solid waste landfill shall be operated in a manner that will not interfere with the operations of the landfill or with the closure or postclosure maintenance of the landfill.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).
§17378.2. General Design Requirements.
Note     •     History

(a) The design of a new nonhazardous ash transfer/processing operation or disposal/monofill facility shall utilize expert advice, as appropriate, from persons competent in engineering, architecture, landscape design, traffic engineering, air quality control, and design of structures.
(b) Each nonhazardous ash transfer/processing operation or nonhazardous ash disposal/monofill facility design shall be based on appropriate data regarding the expected service area, anticipated nature and quantity of nonhazardous ash to be received, climatological factors, physical settings, adjacent land use (existing and planned), types and number of vehicles anticipated to enter the operation or facility, adequate off-street parking facilities for transfer vehicles, drainage control, the hours of operation and other pertinent information. If the operation or facility is to be used by the general public, the design shall take account of safety features that may be needed to accommodate such public use.
(c) The operation or facility shall be designed in such a manner as to restrict the unloading area to as small an area as practicable, provide adequate control of windblown material, and minimize the creation of nuisances at the operation or facility. Other factors that shall be taken into consideration are: dust control, noise control, public safety, and other pertinent matters related to the protection of public health.
(d) Nonhazardous ash storage containers that are considered weathertight shall be durable, easily cleanable, designed for safe handling, and constructed to prevent loss of wastes from the equipment during storage. Such equipment shall be nonabsorbent and leak-resistant. Unloading areas shall be easily cleanable, designed for safe handling and constructed to prevent loss of nonhazardous ash.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).
§17378.3. Operating Standards.
Note     •     History

Each operator of a nonhazardous ash transfer/processing operation or disposal/monofill facility shall meet the following requirements:
(a) All activities at the operation or facility shall be conducted in a manner that minimizes nuisances, noise impacts, or other public health, safety and environmental hazards.
(b) Unauthorized human or animal access to the operation or facility shall be prevented.
(c) Traffic flow into, on, and out of the operation or facility shall be controlled in a safe manner.
(d) The operator shall take adequate measures to minimize and prevent safety hazards due to obscured visibility at the operation or facility.
(e) Drainage shall be controlled at operations and facilities to protect the public health and safety and to prevent interference with the operation.
(f) All operations and facilities open for public business shall post legible signs at all public entrances that include the following:
(1) name of operation or facility,
(2) name of the operator,
(3) hours of operation,
(4) a statement that only nonhazardous ash will be accepted, and
(5) phone number where operator or designee can be reached in case of an emergency.
(g) The operator shall provide telephone or radio communication capability for emergency purposes.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).
§17379.0. General Record Keeping Requirements.
Note     •     History

Each operator of a nonhazardous ash transfer/processing operation or disposal/monofill facility shall meet the following requirements:
(a) All records required by this Article shall be kept by the operator in one location and be accessible for five (5) years and shall be made available for inspection by authorized representatives of the CIWMB, enforcement agency, and other duly authorized regulatory and enforcement agencies during normal working hours. The operator shall submit copies of records to the enforcement agency upon request. An alternative schedule of record submittal may be approved by the enforcement agency.
(b) The operator shall maintain a daily log or file of special occurrences encountered during operations and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures. Special occurrences may include: fires, injury and property damage, accidents, explosions, discharge of hazardous or other waste not permitted, flooding and other unusual occurrences.
(c) The operator shall record any written public complaints received by the operator, including:
(1) the nature of the complaint,
(2) the date the complaint was received,
(3) if available, the name, address, and telephone number of the person or persons making the complaint,
(4) any actions taken to respond to the complaint.
(d) The operator shall record the date, generator source, and quantity of nonhazardous ash accepted.
(e) The operator shall maintain records of weights or volumes handled in a manner and form approved by the enforcement agency so as to be sufficiently accurate for overall planning and control purposes.
(f) Transfer/processing facility operators shall record the quantity of nonhazardous ash leaving the operations.
(g) The disposal/monofill facility operator shall also record the name of all transfer/processing operations where the nonhazardous ash was located prior to receipt by the operator and the dates the nonhazardous ash was received at each of these operations and removed.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).
§17379.1. Nonhazardous Ash Operation and Facility Restoration.
Note     •     History

All nonhazardous ash transfer/processing operations and disposal/monofill facilities shall meet the following requirements:
(a) The operator shall provide the enforcement agency written notice of intent to perform site restoration, at least 30 days prior to beginning site restoration.
(b) The operator(s) and owner(s) shall provide site restoration necessary to protect public health, safety, and the environment.
(c) The operator shall ensure that the following site restoration procedures are performed upon completion of operation and termination of service:
(1) the operation or disposal/monofill facility grounds, excluding the disposal area, shall be cleaned of all nonhazardous ash, construction scraps, and other materials related to the operation or disposal/monofill facility, and these materials legally recycled, reused, or disposed of;
(2) all machinery shall be cleaned of nonhazardous ash prior to removal from the facility;
(3) all remaining structures shall be cleaned of nonhazardous ash.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).
Article 5.9. Construction and Demolition and Inert Debris Transfer/Processing Regulatory Requirements
§17380. Authority and Scope.
Note     •     History

(a) Article 5.9 sets forth permitting requirements, tier requirements, and minimum operating standards for operations and facilities that receive, store, handle, transfer, or process construction and demolition (C&D) debris and inert debris, as defined herein. C&D debris and inert debris are specific types of solid waste that present a different potential threat to public health and safety and the environment than typical municipal solid waste, thus, can be handled with different regulatory oversight. This Article places operations and facilities that handle C&D debris and inert debris into the board's tiers to provide appropriate regulatory oversight to protect public health and safety and the environment. 
(b) This Article is not applicable to operations and facilities that are wholly governed by regulations elsewhere in this Chapter. Operations and facilities that receive, store, handle, transfer, or process construction and demolition debris or inert debris that is commingled with solid waste that does not meet the definition of C&D debris or inert debris shall be regulated as transfer/processing operations or facilities pursuant to Articles 6.0 through 6.35, inclusive, of this Chapter. 
(c) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code (PRC), as amended. These regulations should be read together with the Act. 
(d) Nothing in this Article limits or restricts the power of any Federal, State, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict local governments from promulgating laws which are as strict as or stricter than the regulations contained in this Article. However, no local government may promulgate laws which are inconsistent with the provisions of this Article. 
(e) No provision in this Article shall be construed as relieving any owner, or operator from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, reports, or other requirements of other regulatory or enforcement agencies, including, but not limited to, local health agencies, Regional Water Quality Control Boards, Department of Toxic Substances Control, air quality management districts or air pollution control districts, local land use authorities, and fire authorities. 
(f) No provision of this Article is intended to affect the rights or duties of any party to, or in any way influence the interpretation of, any franchise agreement between a local government and its franchisee, any other agreement among any parties, or any local ordinance with respect to any aspect of solid waste handling, including without limitation solid waste collection, transportation, processing, and storage, and solid waste disposal. 
(g) This Article does not apply to persons who generate C&D debris or inert debris in the course of carrying out construction, remodeling, repair, demolition or deconstruction of buildings, roads and other structures (collectively, “construction work”) at the site of the construction work or to persons who own the land, buildings and other structures that are the object of the construction work, provided that such persons do not accept at the site any C&D debris or inert debris that is generated at any other location, unless it will be used in the construction work, and provided further that such persons do not allow C&D debris or inert debris, other than C&D debris or inert debris that is used in the construction work, to remain on the site of the construction work after the construction work is completed. For example, public works agencies constructing roads and bridges, road repair, airport runway construction, bridge and roadway work, levee work, flood control work, or landslide debris cleanup, and public or private contractors demolishing or constructing buildings are not subject to these regulations during the course of the construction work. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New article 5.9 (sections 17380-17386) and section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17380.1. Purpose.
Note     •     History

(a) It is the board's intent in adopting this Article to encourage the recycling and reuse of C&D debris and inert debris that may otherwise be disposed in a solid waste disposal facility. 
(b) These regulations are intended to provide a sufficient level of information and oversight to ensure that the receipt, storage, handling, transfer, and processing of C&D debris and inert debris will be conducted in a manner which meets the purposes of the Act while protecting public health, safety and the environment. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020, and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17381. Definitions.
Note     •     History

For the purposes of this Article, the following definitions shall apply. Additional definitions and related provisions that apply to this Article are found at California Code of Regulations (CCR), Title 14, Division 7, Chapter 3.0, Article 6.0, sections 17402 and 17402.5, and Article 4, section 17225 et seq. 
(a) “Active Compost” as set forth in CCR, Title 14, Division 7, Chapter 3.1, Article 1, section 17852. 
(b) “C&D” means Construction and Demolition debris. 
(c) “CDI” means any combination of Construction and Demolition debris and Inert debris. 
(d) “Compostable Material” means any organic material that when accumulated may become active compost. 
(e) “Construction and Demolition Debris”, or “C&D Debris” “ is solid waste that is a portion of the waste stream defined as “construction and demolition wastes,” as defined in Section 17225.15 of Article 4 of this Chapter, and means source separated or separated for reuse solid waste and recyclable materials, including commingled and separated materials, that result from construction work, that are not hazardous, as defined in CCR, Title 22, section 66261.3 et seq., and that contain no more than 1% putrescible wastes by volume calculated on a monthly basis and the putrescible wastes do not constitute a nuisance, as determined by the EA. 
(1) C&D debris includes only the following items which meet the above criteria: 
(A) components of the building or structure that is the subject of the construction work including, but not limited to, lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, window coverings, plastic pipe, concrete, fully cured asphalt, heating, ventilating, and air conditioning systems and their components, lighting fixtures, appliances, equipment, furnishings, and fixtures; 
(B) tools and building materials consumed or partially consumed in the course of the construction work including material generated at construction trailers, such as blueprints, plans, and other similar wastes; 
(C) cardboard and other packaging materials derived from materials installed in or applied to the building or structure or from tools and equipment used in the course of the construction work; and 
(D) plant materials resulting from construction work when commingled with dirt, rock, inert debris or C&D debris. 
(2) C&D debris expressly excludes, commingled office recyclables and, except as provided in subdivision 17381 (e) above, commingled commercial solid waste and commingled industrial solid waste as they are defined in Title 27, CCR section 20164. 
(3) Notwithstanding anything to the contrary in this Article, C&D debris includes material, whether or not from construction work, that is generally similar to C&D debris and that is separated for reuse, that is not hazardous, that contains no putrescible wastes and that can be processed without generating any residual, provided that the material is generated by an activity that is similar to, or is directly or indirectly related to, construction work, including without limitation: manufacturing materials for use in construction work, such as wood products, clay or ceramic products, plumbing systems, electrical equipment, metal work and HVAC systems. 
(f) “Construction and Demolition Wood Mulch” or “C&D Mulch” means source separated wood waste that is not compostable material (C&D mulch feedstock), including that portion of C&D debris that is lumber or wood, which has been mechanically reduced in size. C&D mulch feedstock does not include food material, animal material, biosolids, mixed solid waste, chromated copper arsenate (CCA) pressure treated wood, wood containing lead-based paint, or mixed C&D debris. 
(g) “Construction Work” means construction, remodeling, repair, demolition or deconstruction of buildings, other structures, roads, parking lots, and similar paved or covered surfaces. 
(h) “Emergency Construction and Demolition/Inert Debris Processing Operation” means a site that is established due to a proclamation of a state of emergency or local emergency as provided in CCR, Title 14, Division 7, Chapter 3.0, Article 3, sections 17210.1(j) and (k), 
(i) “Fully Cured Asphalt” means that the material must be at ambient temperature, be substantially hardened and be inelastic. 
(j) “Handling” means the receipt, collection, transportation, storage, transfer, or processing of solid waste and recyclable materials. 
(k) “Inert Debris” means solid waste and recyclable materials that are source separated or separated for reuse, do not contain hazardous waste (as defined in CCR, Title 22, section 66261.3 et. seq.) or soluble pollutants at concentrations in excess of applicable water quality objectives and do not contain significant quantities of decomposable waste. Inert debris may not contain more than 1% putrescible wastes by volume calculated on a monthly basis and the putrescible wastes shall not constitute a nuisance, as determined by the EA. Gravel, rock, soil, sand and similar materials, whether processed or not, that have never been used in connection with any structure, development, or other human purpose are not inert debris and may be commingled with inert debris. 
(1) “Type A inert debris” includes but is not limited to concrete (including fiberglass or steel reinforcing bar embedded in the concrete), fully cured asphalt, glass, fiberglass, asphalt or fiberglass roofing shingles, brick, slag, ceramics, plaster, clay and clay products. Type A inert debris is waste that does not contain soluble pollutants at concentrations in excess of water quality objectives and has not been treated in order to reduce such pollutants. The board, upon consultation with the State Water Resources Control Board, will determine on a case by case basis whether materials not listed in this subdivision qualify as Type A inert debris. 
(2) “Type B inert debris” is solid waste that is specifically determined to be inert by the applicable RWQCB, such as treated industrial wastes and de-watered bentonite-based drilling mud, but excluding Type A inert debris. 
(l) “Inert Debris Engineered Fill Operation” means a disposal activity exceeding one year in duration in which fully cured asphalt, uncontaminated concrete (including steel reinforcing rods embedded in the concrete), brick, ceramics, clay and clay products, which may be mixed with rock and soil, are spread on land in lifts and compacted under controlled conditions to achieve a uniform and dense mass which is capable of supporting structural loading as necessary, and having other characteristics appropriate for an end use approved by all governmental agencies having jurisdiction (e.g., roads, building sites, or other improvements) where an engineered fill is required to facilitate productive use of the land. The engineered fill shall be constructed and compacted in accordance with all applicable laws and ordinances and shall be certified by a Civil Engineer, Certified Engineering Geologist, or similar professional licensed by the State of California. 
(m) “Inert Debris Processing Facility” means a site that receives 1500 tons or more per operating day of any combination of Type A and Type B inert debris, or any amount of Type B inert debris, for storage, handling, transfer, or processing. 
(n) “Inert Debris Type A Disposal Facility” means a site where only Type A inert debris is disposed to land. Inert debris Type A disposal facilities do not include inert debris engineered fill operations. 
(o) “Inert Debris Type A Processing Operation “ means a site that receives less than 1500 tons per operating day of only Type A inert debris for storage, handling, transfer, or processing. 
(p) “Large Volume C&D Wood Debris Chipping and Grinding Facility” means a site that receives 500 tons per operating day or more of C&D mulch feedstock for purposes of processing it into C&D mulch. 
(q) “Large Volume Construction and Demolition/Inert (CDI) Debris Processing Facility” means a site that receives 175 tons or more of any combination of C&D debris and Type A inert debris per operating day for the purposes of storage, handling, transfer, or processing. 
(r) “Material Production Facility” means a facility that primarily handles raw materials to produce a new product that is a rock product operation (i.e., an “aggregate” operation), a hot mix asphalt plant, or a concrete, concrete product or a Portland cement product manufacturing facility. 
(s) “Medium Volume C&D Wood Debris Chipping and Grinding Facility” means a site that receives at least 200 tons per operating day and less than 500 tons per operating day of C&D mulch feedstock for purposes of processing it into C&D mulch. 
(t) “Medium Volume Construction and Demolition/Inert (CDI) Debris Processing Facility” means a site that receives at least 25 tons per operating day and less than 175 tons per operating day of any combination of C&D debris and Type A inert debris for the purposes of storage, handling, transfer, or processing. 
(u) “Physical Contaminants” means human-made inert products contained within feedstocks, including, but not limited to, glass, metal, and plastic. 
(v) “Processing” means controlled separation, recovery, volume reduction, or recycling of solid waste including, but not limited to, organized, manual, automated, or mechanical sorting; chipping, grinding, shredding or baling; the use of vehicles for spreading of waste for the purpose of recovery; and the use of conveyor belts, sorting lines or volume reduction equipment. 
(w) “Putrescible Wastes” means solid wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases or other offensive conditions, and include materials such as, but not limited to food wastes, offal and dead animals. The EA shall determine on a case-by-case basis whether or not a site is handling putrescible wastes. 
(x) “Residual” means the solid waste destined for disposal, further transfer/processing as defined in section 17402(a)(30) or (31) of Article 6.0, or transformation which remains after processing has taken place and is calculated in percent as the weight of residual divided by the total incoming weight of materials. Notwithstanding, for purposes of this Article, “residual” excludes any inert debris that is destined for or disposed in an inert debris engineered fill operation. Further notwithstanding, for purposes of this Article, “further transfer/processing” does not include processing that occurs at a CDI recycling center or an inert debris recycling center, as described in Section 17381.1(a) of this Article, or at a recycling center as defined at Section 17402.5(d) of Article 6.0 of this Chapter. 
(y) “Separated for Reuse” means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes materials that have been “source separated”. 
(z) “Site” means the area where the handling of solid waste and/or recyclable materials occurs at a recycling center, CDI debris processing operation or facility, inert debris processing operation or facility, or C&D wood debris chipping and grinding operation or facility. 
(aa) “Site Restoration” means removing unprocessed or processed solid waste and recyclable material from the site to allow reuse of the property. 
(bb) “Small Volume C&D Wood Debris Chipping and Grinding Operation” means a site that receives less than 200 tons per operating day of C&D mulch feedstock for purposes of processing it into C&D mulch. 
(cc) “Small Volume Construction and Demolition/Inert (CDI) Debris Processing Operation” means a site that receives less than 25 tons of any combination of C&D debris and Type A inert debris per operating day for the purposes of storage, handling, transfer, or processing. 
(dd) “Source Separated” means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. 
(ee) “Storage” means the holding or stockpiling of processed or unprocessed C&D debris, C&D mulch, inert debris or recyclable materials for a temporary period, at the end of which the material either is recycled or is transferred elsewhere. Storage of C&D debris, C&D mulch, inert debris or recyclable materials for periods exceeding the limits set in this Article is deemed to be disposal and shall be regulated as set forth in the Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste (commencing at CCR, Title 27, Division 1, Subdivision 1, Chapter 1, Article 1, section 20005). 
(ff) “Vector” includes any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17381.1. Activities That Are Not Subject to the Construction and Demolition/Inert Debris Regulatory Requirements.
Note     •     History

(a) A site that receives only construction and demolition debris and inert debris (CDI) and which meets the requirements of this section shall be classified as a CDI recycling center. A site that receives only inert debris and which meets the requirements of this section shall be classified as an inert debris recycling center. CDI recycling centers and inert debris recycling centers shall not be subject to any other requirements of this Article except as specified in this section. 
(1) The CDI debris that a CDI recycling center receives shall have been separated at the point of generation. 
(A) For the purposes of this section, “separated at the point of generation” means that the material has been separated from the solid waste stream by the generator of that material or by a processor prior to receipt at a CDI recycling center and has not been commingled with other solid waste or recyclable materials. For example, each material type must be transferred in separate containers to the recycling center. Notwithstanding, cardboard, lumber and metal may be commingled in a single container. 
(2) An inert debris recycling center shall receive only Type A inert debris that is source separated or separated for reuse. The inert debris may be commingled in a single container. 
(b) CDI recycling centers and inert debris recycling centers shall meet the following requirements: 
(1) The residual shall be less than 10% by weight of the amount of debris received at the site, calculated on a monthly basis. Recycling center operators may report their residual percentage to the EA and the board on Form CIWMB 607 (see Appendix A). 
(2) The amount of putrescible wastes in the CDI debris received at the site shall be less than 1% by volume of the amount of debris received at the site, calculated on a monthly basis, and the putrescible wastes shall not constitute a nuisance, as determined by the EA. 
(c) Chipping and grinding of any material, or the receipt of chipped and ground material, is prohibited at CDI recycling centers. 
(d) The following storage time limits apply to CDI recycling centers: 
(1) CDI debris stored for more than 30 days that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed and therefore subject to enforcement action, including the use of a Notice and Order as provided in section 18304. 
(2) CDI debris that has been processed and sorted for resale or reuse, but remains stored on site for more than one year, shall be deemed to have been unlawfully disposed and therefore subject to enforcement action, including the use of a Notice and Order as provided in section 18304. 
(3) Storage time limits do not apply to CDI recycling centers where a financial assurance mechanism pursuant to section 17384(c) has been approved by the board. 
(4) At the EA's discretion, storage time limits for sorted and processed materials may be extended to the time specified in a land use entitlement for the site that has an express time limit for the storage of materials. 
(5) CDI recycling center storage time limits may be extended for a specified period, if the operator submits to the EA a storage plan as described in section 17384(b) and if the EA finds, on the basis of substantial evidence, that the additional time does not increase the potential harm to public health, safety and the environment. The EA may consult with other public agencies in making this determination. The extended storage term, any applicable conditions the EA imposes and the EA's findings shall be in writing. 
(e) The following storage limits apply to inert debris recycling centers: 
(1) Inert debris stored for more than 6 months that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed and therefore subject to enforcement action, including the use of a Notice and Order as provided in section 18304. 
(2) Inert debris that has been processed and sorted for resale, or reuse, but remains stored on site for more than 18 months, shall be deemed to have been unlawfully disposed and therefore subject to enforcement action, including the use of a Notice and Order as provided in section 18304. 
(3) Storage time limits do not apply to Type A inert debris recycling centers which are located at an inert debris engineered fill operation, an inert debris Type A disposal facility, or at a material production facility. 
(4) Storage time limits do not apply to Type A inert debris recycling centers where a financial assurance mechanism pursuant to section 17384(c) has been approved by the board. 
(5) At the EA's discretion, storage limits for sorted and processed materials may be extended to the time specified in a land use entitlement for the site that has an express time limit for the storage of materials. 
(6) Inert debris recycling center storage limits may be extended for a specified period, if the operator submits to the EA a storage plan as described in section 17384(b) and if the EA finds, on the basis of substantial evidence, that the additional time does not increase the potential harm to public health, safety and the environment. The EA may consult with other public agencies in making this determination. The extended storage term, any applicable conditions the EA imposes and the EA's findings shall be in writing. 
(f) Nothing in this section precludes the EA or the board from inspecting a site to verify that it is and has been operating in a manner that meets the requirements of this section, or from taking any appropriate enforcement action, including the use of a Notice and Order as provided in section 18304. 
(g) In evaluating whether or not a particular site is in compliance with this section, the EA shall, among other things, do the following: 
(1) If the EA has reason to believe that each load of debris received at a recycling center is not separated at the point of generation, is not source separated or is not separated for reuse, as applicable, or that the residual exceeds 10% of the total debris received per month, or that the amount of putrescible wastes exceeds 1% by volume of the total debris received per month, or material is being stored in excess of the applicable storage limits, or that the site is not in compliance with any other requirement in this section, the EA may require the owner or operator to provide evidence that the recycling center is in compliance. The burden of proof shall be on the owner and operator of the recycling center to demonstrate it is in compliance. 
(2) At the time that the EA requires a recycling center to provide evidence that it is in compliance with this section, the EA shall provide the owner and operator of the recycling center a written description of the information that has caused the EA to believe that the recycling center is not in compliance. Notwithstanding, the EA shall not be required to identify the name or other identifying information regarding any person(s) who has complained about the recycling center. 
(h) Sites which do not meet the applicable requirements of this section do not qualify as recycling centers and shall comply with this Article and all laws and regulations applicable to them. The burden of proof shall be on the owner and operator of a site to demonstrate that the activities at the site are not subject to the requirements of this Article. 
NOTE

Authority cited: Section 40502, 43020 and 43021, Public Resources Code. Reference: 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17381.2. Regulatory Tiers Placement for CDI Debris and Inert Debris Processing Operations and Facilities.
History

View Graphic
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17382. Excluded Activities.
Note     •     History

(a) The following activities do not constitute CDI debris processing, inert debris processing, or chipping and grinding operations or facilities for the purposes of this Article and are not required to meet the requirements set forth herein: 
(1) Containers used to store C&D debris or inert debris at the place of generation. 
(2) Locations where 15 cubic yards or less per day of separated for reuse material is handled. 
(3) Grading or clearing of land that is consistent with local ordinances. 
(4) Chipping and grinding of lumber or other wood material which meet any of the following criteria; 
(A) The chipping and grinding activity handles materials derived from and applied to lands owned or leased by the same person, including a parent or subsidiary of a corporate owner; or 
(B) Handling any combination of green material, additives, amendments, compost, or chipped and ground material that does not exceed 500cubic yards on-site at any one time; or 
(C) The activity is located at the site of biomass conversion as defined in PRC section 40106 and is for use in biomass conversion at that site; or 
(D) The activity is part of a silvicultural operation or a wood, paper, or wood product manufacturing operation; or 
(E) The storage of bagged chipped and ground material. 
(b) Nothing in this section precludes the EA or the board from inspecting an excluded activity to verify that the activity is being conducted in a manner that qualifies as an excluded activity, or from taking any appropriate enforcement action, including the use of a Notice and Order. The burden of proof shall be on the owner and operator to demonstrate that the activities are excluded pursuant to this section. 
NOTE

Authority cited: 40502, 43020 and 43021, Public Resources Code. Reference: 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17383. State Minimum Standards.
Note     •     History

(a) This section sets forth minimum standards that apply to CDI debris processing, inert debris processing and C&D wood debris chipping and grinding operations and facilities. 
(b) All small, medium and large CDI debris processing operations and facilities, inert debris processing operations and facilities and small, medium and large C&D wood debris chipping and grinding operations and facilities shall meet the State Minimum Standards requirements of CCR, Title 14, Division 7, Chapter 3.0, Article 6.2 and sections 17406.1, 17406.2 of Article 6.1 and 17414 of Article 6.3. 
(c) In addition, medium and large CDI debris processing facilities, inert debris processing facilities and medium and large volume C&D wood debris chipping and grinding facilities shall meet the State Minimum Standards requirements of CCR, Title 14, Division 7, Chapter 3.0, Article 6.35. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020, 43021, 43200 and 43209, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17383.1. Multiple Wood Debris Chipping and Grinding Activities.
Note     •     History

All operations and facilities that receive lumber or wood material and mechanically reduce the material in size are subject to regulation under either Chapter 3 (Minimum Standards for Solid Waste Handling and Disposal) or Chapter 3.1 (Composting Operations Regulatory Requirements) and shall be further regulated as follows: If multiple waste streams, such as C&D wood debris and compostable green material, are handled at one location or site as determined by the EA, the site shall be deemed a single site and shall comply with the permitting requirements of Chapter 3, Article 5.9, Article 6.0 or Chapter 3.1 as determined by the EA. All material handled at the site shall count toward determining the appropriate regulatory tier for the operation or facility. Notwithstanding the above, each separate activity will be required to meet the State Minimum Standards applicable to the specific waste stream being handled. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17383.2. Activities at Solid Waste Facilities.
Note     •     History

(a) C&D wood debris chipping and grinding operations and facilities and CDI debris and inert debris processing operations and facilities are not required to obtain a separate permit or meet the notification requirements of this Article if the activity is occurring at a facility that has a full solid waste facilities permit and the permit authorizes the activity either through a specific condition in the permit or as a described and approved activity in a Report of Facility Information. 
(b) Notwithstanding, C&D wood debris chipping and grinding activities when located at a solid waste facility which has a full solid waste facilities permit shall satisfy the requirements of sections 17383 and 17383.3 (b) through (k) except if material is used on site. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17383.3. C&D Wood Debris Chipping and Grinding Operations and Facilities.
Note     •     History

(a) C&D wood debris chipping and grinding operations and facilities conduct chipping and grinding activities to produce C&D mulch. Authorized chipping and grinding activities do not produce active compost, but mechanically reduce the size of lumber and other wood material to produce C&D mulch. The C&D wood debris chipping and grinding operation or facility shall satisfy the appropriate tier requirements. A small volume C&D wood debris chipping and grinding operation shall comply with the EA Notification requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100 et seq. A medium volume C&D wood debris chipping and grinding operation shall comply with the Registration Permit tier requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100 et seq. A large volume C&D wood debris chipping and grinding facility shall comply with the Full Permit tier requirements set forth in CCR, Title 27, Division 2, Subdivision 1, Chapter 4, commencing with section 21563. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. Except as otherwise specified in this section, small volume C&D wood debris chipping and grinding activities shall comply with all requirements applicable to small volume CDI debris processing operations, medium volume C&D wood debris chipping and grinding facilities shall comply with all requirements applicable to medium volume CDI processing facilities, and large volume C&D wood debris chipping and grinding facilities shall comply with all requirements applicable to large volume CDI debris processing facilities. 
(b) All of the following requirements for the storage and stockpiling of C&D mulch feedstock, material being processed and finished C&D mulch apply: 
(1) Unprocessed feedstock may be stored on site prior to processing up to 30 days. Unprocessed feedstock stored for more than 30 days shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. 
(2) C&D mulch shall be removed from the site within 90 days from processing. C&D mulch stored for more than 90 days shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. 
(3) If the temperature of the unprocessed feedstock or C&D mulch reaches 50 degrees Celsius (122 degrees Fahrenheit), then the site shall be regulated as a compostable material handling operation or facility, as set forth in Chapter 3.1 commencing with Article 1, section 17850. 
(4) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day. 
(5) Storage time limits may be extended in accordance with sections 17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and 17384(c) Financial Assurances of this Article. 
(c) All the following requirements for the inspection of C&D mulch feedstock apply: 
(1) The feedstock shall undergo load checking to ensure that physical contaminants in the feedstock are reduced to no greater than 1% of total feedstock, by weight. Load checking shall include both visual observation of incoming loads of feedstock and load sorting to quantify the percentage of contaminating materials. 
(2) A minimum of 1% of daily incoming feedstock volume or at least one truckload per day, whichever is greater, shall be inspected visually. If a visual load check indicates a contamination level is potentially greater than 1%, a representative sample shall be taken, physical contaminants shall be collected and weighed, and the percentage of physical contaminants determined. The load shall be rejected if physical contaminants are greater than 1% of total weight. 
(3) Upon request of the EA, the operator shall take a representative sample of feedstock, shall collect and weigh physical contaminants, and shall calculate the percentage of physical contaminants in the sample. 
(4) The operator shall take adequate measures through signage, training, load checking, detection systems, and/or chemical analysis to avoid incorporating any chromated copper arsenate (CCA) pressure treated wood and lead based painted materials into C&D mulch. Such contaminated feedstock shall be stored in a designated area for proper handling and disposition. 
(5) The operator's employees shall be adequately trained to perform the activities specified in this section. 
(d) Operations and facilities producing C&D mulch shall maintain all records demonstrating compliance with this section. 
(e) All C&D wood debris chipping and grinding activities shall minimize odor impacts. 
(f) The operator shall provide fire prevention, protection and control measures, including, but not limited to, temperature monitoring of windrows and piles, adequate water supply for fire suppression, and the isolation of potential ignition sources from combustible materials. Fire lanes shall be provided to allow fire control equipment access to all operation areas. These requirements are in addition to the requirement for a Fire Prevention, Control and Mitigation Plan described in sections 17386(a)(19), 18223(a)(19) and 18223.5(a)(20), 
(g) If C&D debris other than C&D wood debris is accepted at the site, the site shall be regulated as a CDI processing operation or facility under this Article or under in the Transfer/Processing Regulatory requirements (commencing at section 17400), as appropriate. 
(h) Should the EA have reason to believe that a C&D wood debris chipping and grinding material handler is engaging in other activities that constitute or are deemed to be disposal, the burden of proof shall be on the owner and operator of the site to demonstrate otherwise. 
(i) Each operator of a small volume C&D wood debris chipping and grinding operation shall file with the EA, together with its application for an EA Notification, an Operation Plan (as more fully described in section 17386 of this Article). Each operator of a medium volume C&D wood debris chipping and grinding facility shall file with the EA, together with its application for a Registration Permit, a Facility Plan (as more fully described in Article 3.2, section 18223 of this Chapter). Each operator of a large volume C&D wood debris chipping and grinding facility shall file with the EA, together with its application for a Full Permit, a Facility Report (as more fully described in Article 3.2, section 18223.5 of this Chapter). The information contained in the Plan or Report shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101. 
(j) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety. 
(k) Each operator shall determine the weight of all material received at the operation or facility for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the operation or facility or off-site. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
2. Change without regulatory effect amending subsection (a) filed 6-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 27).
§17383.4. Small Volume Construction and Demolition/Inert Debris Processing Operations.
Note     •     History

All small volume CDI debris processing operations shall comply with the EA Notification requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100. These operations shall be inspected quarterly by the EA to verify compliance with minimum standards. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. The operator shall specify the operation's boundary area in the operating record. 
(a) CDI debris stored for more than 15 days that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed and therefore subject to enforcement action, including the use of a Notice and Order as provided in section 18304. 
(b) CDI debris that has been processed and sorted for resale or reuse, but remains stored on site for more than one year, shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. 
(c) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day. 
(d) Storage time limits may be extended in accordance with sections 17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and 17384(c) Financial Assurances of this Article. 
(e) Residual material shall be removed from the site within 48 hours or at an alternate frequency approved by the EA. 
(f) Each operator of a Small Volume CDI Processing Operation shall file with the EA, together with its application for an EA Notification, a Small Volume CDI Processing Operation Plan (as more fully described in Article 3.2, section 17386 of this Article). The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101. 
(g) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety. 
(h) C&D Mulch that is not compostable material produced at a small volume CDI processing operation must meet all requirements of a small volume C&D wood debris chipping and grinding operation, including the storage limits. 
(i) Each operator shall determine the weight of all material received at the operation for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the operation or off-site. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17383.5. Medium Volume Construction and Demolition/Inert Debris Processing Facilities.
Note     •     History

All medium volume CDI debris processing facilities subject to this Article shall comply with the Registration Permit tier requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100 et seq..
(a) The amount of residual in the C&D debris and type A inert debris shall be less than 40 % of the amount of such material received by weight. The residual amount is calculated on a monthly basis. Facilities which do not meet the 40 % residual requirement of this subsection shall obtain a Full Permit and shall comply with the requirements applicable to a Large Volume CDI Debris Processing Facility. If the EA determines that a Medium Volume CDI Debris Processing Facility has exhibited a pattern and practice of failing to comply with the provisions of this subsection, the EA shall take appropriate enforcement action. 
(b) CDI debris stored for more than 15 days that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. 
(c) CDI debris that has been processed and sorted for resale or reuse, but remains stored on site for more than one year, shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. 
(d) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day. 
(e) Storage time limits may be extended in accordance with sections 17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and 17384(c) Financial Assurances of this Article. 
(f) Residual material shall be removed from the site within 48 hours or at an alternate frequency approved by the EA. 
(g) Each operator of a medium volume CDI processing facility shall file with the EA, together with its application for a Registration Permit, a CDI Processing Facility Plan (as more fully described in Article 3.2, section 18223 of this Chapter). The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101. 
(h) Medium volume CDI debris processing facilities shall be inspected monthly by the EA in accordance with PRC section 43218. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. 
(i) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety. 
(j) C&D Mulch that is not compostable material produced at a medium volume CDI processing operation must meet all requirements of a medium volume chipping and grinding operation, including the storage limits. 
(k) If a medium volume CDI processing facility exceeds any combination of the following limitations, which are more fully described in this Section 17383.5, three (3) or more times within any two (2) year period which the EA determines constitutes a violation of this Article, the facility no longer qualifies for a Registration Permit under this section. Upon the third such violation, the EA shall notify the operator in writing that the facility no longer qualifies for a Registration Permit, and the operator must within 30 days apply for a Full Permit as if it were a large volume CDI processing facility pursuant to Section 17383.6. In addition, the EA shall issue a cease and desist order pursuant to Section 18304 directing, among other things, that the operator immediately cease accepting material at the site until the operator has demonstrated to the EA that it has corrected the violation and eliminated the cause of the violation. The limitations to which this subdivision applies are: 
1. Maximum amount of residual specified in Subsection 17383.5(a). 
2. Maximum tonnage received per day as specified in Subsection 17381(t) 
3. Maximum amount of material on site as specified 17383.5(d). 
(l) Each operator shall determine the weight of all material received at the facility for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the facility or off-site. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17383.6. Large Volume Construction and Demolition/Inert Debris Processing Facilities.
Note     •     History

All large volume CDI debris processing facilities subject to this Article shall comply with the Full Permit tier requirements set forth in Title 27, CCR, Division 2, Subdivision 1, Chapter 4, commencing with section 21450. 
(a) CDI debris stored for more than 15 days that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. 
(b) CDI debris that has been processed and sorted for resale, or reuse, but remains stored on site for more than one year, shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. 
(c) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day. 
(d) Storage time limits may be extended in accordance with sections 17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and 17384(c) Financial Assurances of this Article. 
(e) Residual material shall be removed from the site within 48 hours or at an alternate frequency approved by the EA. 
(f) Each operator of a large volume CDI processing facility shall file with the EA, together with its application for a Full Permit, a Large Volume CDI Processing Facility Report (as more fully described in Article 3.2, section 18223.5 of this Chapter). The information contained in the Report shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101. 
(g) Large volume CDI debris processing facilities shall be inspected monthly by the EA in accordance with PRC section 43218. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. 
(h) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety. 
(i) C&D Mulch that is not compostable material produced at a large volume CDI processing operation must meet all requirements of a large volume C&D wood debris chipping and grinding operation, including the storage limits. 
(j) Each operator shall determine the weight of all material received at the facility for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the facility or off-site. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
2. Editorial correction inserting inadvertently omitted History 1 (Register 2003, No. 29).
§17383.7. Inert Debris Type A Processing Operations.
Note     •     History

All inert debris Type A processing operations subject to this Article shall comply with the EA Notification requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0 and commencing with section 18100. 
(a) Inert debris stored for more than 6 months that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. 
(b) Inert debris that has been processed and sorted for resale or reuse, but remains stored on site for more than 18 months, shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. 
(c) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day. 
(d) Storage time limits may be extended in accordance with sections 17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and 17384(c) Financial Assurances of this Article. 
(e) Residual material shall be removed from the site within 48 hours or at an alternate frequency approved by the EA. 
(f) These operations shall be inspected by the EA to verify compliance with minimum standards. Inspections shall be conducted quarterly. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. 
(g) The operator shall specify the operation's boundary area in the operating record. 
(h) Each operator of an inert debris Type A processing operation shall file with the EA, together with its application for an EA Notification, an Inert Debris Type A Processing Operation Plan (as more fully described in Article 3.2, section 17386 of this Article). The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101. 
(i) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety. 
(j) Each operator shall determine the weight of all material received at the operation for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the operation or off-site. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17383.8. Inert Debris Type A and Type B Processing Facilities.
Note     •     History

All inert debris Type A and Type B processing facilities subject to this Article shall comply with the Full Permit tier requirements set forth in Title 27, CCR, Division 2, Subdivision 1, Chapter 4, commencing with section 21450. 
(a) Inert debris stored for more than 6 months that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. 
(b) Inert debris that has been processed and sorted for resale or reuse, but remains stored on site for more than 18 months, shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. 
(c) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day. 
(d) Storage time limits may be extended in accordance with sections 17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and 17384(c) Financial Assurances of this Article. 
(e) Residual material shall be removed from the site within 48 hours or at an alternate frequency approved by the EA. 
(f) Each operator of an Inert Debris Type A and Type B Processing Facility shall file with the EA, together with its application for a Full Permit, an Inert Debris Type A and Type B Processing Facility Report (as more fully described in Article 3.2, Section 18223.5 of this Chapter). The information contained in the Report shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101. 
(g) Inert debris processing facilities shall be inspected monthly by the EA in accordance with PRC section 43218. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. 
(h) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety. 
(i) Each operator shall determine the weight of all material received at the facility for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the facility or off-site. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
2. Change without regulatory effect amending subsection (f) filed 6-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 27).
§17383.9. Emergency Construction and Demolition/Inert Debris Processing Operations.
Note     •     History

(a) All emergency CDI debris processing operations shall comply with the EA Notification requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, section 18100 et. seq. Such operations may occur at locations which are not permitted solid waste facilities. These operations shall be inspected by the EA as necessary to verify compliance with minimum standards, but in no case less than monthly. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. The operator shall specify the operation's boundary area in the operating record. 
(b) In addition, the emergency CDI debris processing operations shall meet the following requirements: 
(1) The land owner has certified his/her knowledge of the proposed activity and agrees to insure proper termination. 
(2) The operation shall not exist for a period of time greater than 120 days from the date that the EA Notification is received by the EA. Upon receipt of the reports required by CCR, Title 14, Division 7, Chapter 3, Article 3, section 17210.5, the operation may continue for an additional period as specified by the EA to assist in the recovery and clean-up. 
(3) The operation shall receive only C&D debris and Type A inert debris in any amounts that are generated by the event that caused the state of emergency, 
(4) If the operation accepts, processes, or stores hazardous or household hazardous waste, the activities must be in compliance with requirements of the Department of Toxic Substances Control and other appropriate authorities or agencies. 
(c) The emergency CDI debris processing operation shall cease operation should the EA determine that any of the following occurs: 
(1) The emergency CDI debris processing operation is not being used exclusively to handle the CDI debris resulting from the state of emergency; 
(2) The emergency CDI debris processing operation is no longer necessary in accordance with CCR, Title 14, Division 7, Chapter 3, Article 3, section 17210.2; 
(3) The emergency CDI debris processing operation will cause or contribute to a public health, safety or environmental problem; 
(4) The operator is not utilizing disaster debris diversion programs to the extent feasible. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17383.10. Public Hearing.
Note     •     History

NOTE

Authority Cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
2. Repealer filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§17384. Approval of Storage Time Limit Alternatives.
Note     •     History

(a) At the EA's discretion, storage times for sorted and processed materials may be extended to the time specified in a land use entitlement for the site that has an express time limit for the storage of materials. 
(b) Storage times at operations and facilities may be extended for a specified period, if the operator submits to the EA a storage plan as described herein and if the EA finds, on the basis of substantial evidence, that the additional time does not increase the potential harm to public health, safety and the environment. The EA may consult with other public agencies in making this determination. The extended storage term, any applicable conditions the EA imposes and the EA's findings shall be in writing. The operator must file amendments as necessary to maintain the accuracy of the storage plan. Failure to submit timely amendments may be cause for revocation of the storage limit extension. The storage plan must contain the following: 
(1) Names of the operator and owner, and the key employee responsible for operation of the site; 
(2) Describe the reason(s) for the storage limit extension; 
(3) Describe the manner in which the material will be stored; 
(4) Describe the manner in which activities are to be conducted at the facility during the period of the storage extension; 
(5) Specify maximum site design capacity including the assumptions, methods, and calculations performed to determine the total site capacity; 
(6) Provide information showing the types and the quantities of material to be stored. If tonnage was figured from records of cubic yards, include the conversion factor used; 
(7) Identify transfer, recovery and processing equipment to be used on site, including classification, capacity and the number of units; 
(8) Identify the planned method for final disposition of material stored at the site, including but not limited to materials being transferred to other facilities or operations for further processing, recycled materials, and solid waste. 
(c) Storage times at operations, facilities and recycling centers may be extended if an operator provides proof of financial assurance pursuant to Title 27, Chapter 6, Subchapter 1, section 22240 et seq. satisfactory to the board for cleanup of any operation, facility or recycling center. The amount of financial assurance shall be based on the cost estimate, in current dollars, for removal and disposal of the debris by a third party as directed by the EA. A Clean Up Plan including a cost estimate shall be prepared by the operator using form CIWMB 643 and approved by the EA. Notwithstanding, an operator is not required to provide proof of financial assurance if the third party cost to clean up the site, as identified by the operator and approved by the EA, is less than $5,000. 
NOTE

Authority Cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17384.1. Final Site Cleanup.
Note     •     History

All operations, facilities and recycling centers shall meet the following requirements: 
(a) The operator shall provide the EA with 30 days written notice of its intent to terminate operations and perform site restoration. 
(b) The operator shall provide site restoration necessary to protect public health, safety, and the environment. 
(c) The operator shall ensure that the following site restoration procedures are performed upon completion of operations and termination of service: 
(1) The site shall be cleaned of all solid waste and recycled materials including, but not limited to, construction and demolition and inert debris and other materials related to the operations. 
(2) All machinery shall be cleaned and removed or stored securely. 
(3) All remaining structures shall be cleaned of solid waste and recycled materials related to the operation. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17385. Pre-Existing Permits.
Note     •     History

(a) If an activity subject to this Article is existing under a Registration Permit or Full Permit on the effective date of this Article, that activity may continue to operate until the operator applies for and obtains the appropriate permit or satisfies the requirements for notification, as applicable, as set forth in this Article. As set forth in section 17385(d), the EA shall notify the owner or operator what permit is required under this Article. The operator shall obtain the required permit or satisfy the requirements for notification in the same manner and within the same time frames as set forth in subsection 17385(b). For the purposes of this section, “existing” includes activities that are operating and activities that have not commenced operation but have received all local government land use approvals required under applicable law and have commenced physical development of the site or improvements on the site for purposes of the activity. 
(b) If an activity subject to this Article is existing and does not have a Registration Permit or Full Permit on the effective date of this Article, that activity may continue to operate in substantially the same manner until the EA determines what permit or other documentation is required for the activity under this Article and notifies the owner or operator in writing of its determination. The EA shall make that determination for all facilities and operations within its jurisdiction no sooner than 30 days and no later than 90 days from the effective date of this Article. If the EA determines that a Full Permit is required, the operator shall apply for and obtain that permit within 180 days from the date the owner or operator receives the EA's written determination, whichever first occurs. If the EA determines that a Registration Permit is required, the operator shall apply for and obtain that permit within 60 days from the date the owner or operator receives the EA's written determination, whichever first occurs. If the EA determines that EA notification under CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100, is required, the operator shall comply with the EA notification requirements within 30 days from the date the owner or operator receives the EA's written determination, whichever first occurs. If an activity subject to this Article fails to obtain the required permit or submit documentation for EA notification within the specified time, the EA shall take appropriate enforcement action. 
(c) Notwithstanding anything to the contrary in this Article, until that date which is two (2) years from the effective date of this Article (the “Temporary Permit Expiration Date”) or any extension of such Temporary Permit Expiration Date, large volume CDI debris processing facilities which are existing on the effective date of this Article may elect to obtain and operate under a temporary Registration Permit pursuant to subsection (b) above, rather than a Full Permit. Operators of facilities so electing shall obtain temporary Registration Permits in the manner as set forth in subsection (b) above. Operators of large volume CDI debris processing facilities that receive temporary Registration Permits under this subsection (c) shall apply for a Full Permit no later than one (1) year from the date the owner or operator of the facility receives notification from the EA that a Full Permit is required under this Article, whichever first occurs, as provided in subsection (b) above, and shall obtain a Full Permit no later than the Temporary Permit Expiration Date. Notwithstanding, the Temporary Permit Expiration Date may be extended by one or more periods not exceeding a total of three (3) years by the EA (the last such extension is the “Extended Temporary Permit Expiration Date”) in the event that the EA finds that an operator, for reasons beyond its control, has been unable to obtain a Full Permit despite having exercised good faith and due diligence in attempting to obtain such a permit. Registration Permits obtained under this subsection (c) are temporary and shall expire no later than the Temporary Permit Expiration Date or the Extended Temporary Permit Expiration Date, whichever is applicable. The Full Permit that the operator obtains shall supercede, and cause the expiration of, the facility's temporary Registration Permit obtained under this subsection (c). If any large volume CDI debris processing facility fails to obtain the required Full Permit within the specified time, the EA shall take appropriate enforcement action. 
(d) Waste handling activities which are existing on the effective date of this Article and which handle exclusively construction and demolition wastes, as defined in Section 17225.15 of Article 4 of this Chapter, that do not qualify as C&D debris under this Article shall obtain the appropriate permit as a transfer/processing operation or facility as provided in Articles 6.0 through 6.4, inclusive, of this Chapter. Notwithstanding, such activities shall obtain the necessary permits in the same manner and within the same time frames as if they were operations or facilities subject to this Article, as specified in this Section 17385, such that limited volume transfer operations (defined at section 17403.3) shall comply with EA notification requirements within 30 days from the date the owner or operator receives the written determination from the EA, whichever first occurs, medium volume transfer/processing facilities (defined at section 17403.6) shall obtain a Registration Permit within 60 days from the date the owner or operator receives the written determination from the EA, whichever first occurs, and large volume transfer/processing facilities (defined at 17403.7) shall obtain a Full Permit within 180 days from the date the owner or operator receives the written determination from the EA, whichever first occurs. Large volume transfer/processing facilities which handle exclusively construction and demolition wastes may elect to obtain and operate under a temporary Registration Permit in the same manner, under the same procedures and subject to the same limitations as a large volume CDI debris processing facility under subsection 17385(c). If an activity subject to this subsection fails to obtain the required permit or submit documentation within the specified time, the EA shall take appropriate enforcement action. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17386. Operation Plans.
Note     •     History

(a) Each operator of a small volume CDI debris processing operation, inert debris processing operation Type A, or small volume C&D wood debris chipping and grinding operation that is required to obtain an EA Notification, as set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100 shall file with the EA, together with its EA Notification, an Operation Plan. The Plan shall contain the following: 
(1) Names of the operator and owner, and the key employee responsible for operation of the site; 
(2) Schematic drawing all buildings and other structures showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, loading, and parking areas; 
(3) Descriptive statement of the manner in which activities are to be conducted at the operation; 
(4) Days and hours that the business is to operate. If the hours of debris receipt differ from the hours of material processing, each set of hours shall be stated. For businesses with continuous operations, indicate the start of the operating day for purpose of calculating amount of debris received per operating day. The operator may also indicate whether or not, and when, other activities, such as routine maintenance will take place, if those activities will occur at times other than those indicated above; 
(5) Total acreage contained within the operating area; 
(6) Operation design capacity including the assumptions, methods, and calculations performed to determine the total capacity; 
(7) Information showing the types and the daily quantities of debris to be received 
(8) In any calculations necessary as part of the plan, amounts shall be figured in tons. If tonnage is figured from cubic yards, include the conversion factors used as approved by the EA. 
(9) Description of the methods used by the operation to comply with each State Minimum Standard required by CCR, Title 14, Division 7, Chapter 3.0, Article 5.9; 
(10) Anticipated volume of quench or process water and the planned method of treatment, and disposal of any wastewater; 
(11) Description of provisions to handle unusual peak loading; 
(12) Description of transfer, recovery and processing equipment, including classification, capacity and the number of units; 
(13) Planned method for final disposition of debris received at the operation, including but not limited to materials being transferred to other facilities or operations for further processing, recycled materials, and solid waste; 
(14) Planned method for the storage and removal of salvaged material; 
(15) Resume of management organization which will operate the operation; 
(16) The operator shall record and retain records of any serious injury to the public occurring on-site and any complaint of adverse health effects to the public attributed to operations. Serious injury means any injury that requires inpatient hospitalization for a period in excess of 24 hours or in which a member of the public suffers a loss of any member of the body or suffers any degree of permanent disfigurement; and 
(17) The operator shall retain a record of training and instruction completed in accordance with, Article 6.2, section 17410.3. 
(18) A copy of the operator's Injury and Illness Prevention Plan (as applicable under current law). 
(19) Fire Prevention, Control and Mitigation Plan (”Plan”) which contains the following: 
(A) Description of the measures the operator will take to prevent fires and to control and extinguish fires at the site; 
(B) Identification and description of the equipment the operator will have available (on site and readily available off-site) to control and extinguish fires; 
(C) Description of the measures the operator will take to mitigate the impacts of any fire at the site to the public health and safety and the environment; 
(D) Description of the arrangements the operator has made with the local fire control authority having jurisdiction to provide fire prevention, control and suppression; 
(E) Discussion of the ability of the local fire control authority to suppress fires at the site in light of the authority's personnel, expertise and equipment, the availability of water, access to the site and to flammable materials on the site, the nature of flammable materials on site, the quantity and dimensions of materials on the site, and the potential for subsurface fires in accumulations of flammable materials on the site. 
(F) Evidence that the operator has submitted the Plan to the local fire control authority for review and that the authority has found it to be in compliance with the authority's applicable requirements. 
(b) The operator must file amendments as necessary to maintain the accuracy of the Plan. Failure to submit timely amendments may be cause for suspension or revocation of the EA Notification. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
Article 5.95. Construction and Demolition Waste and Inert Debris Disposal Regulatory Requirements
§17387. Authority and Scope.
Note     •     History

(a) Article 5.95 sets forth permitting requirements, tier requirements, and minimum operating standards for operations and facilities that dispose construction and demolition (C&D) waste and inert debris. This Article is not applicable to operations and facilities that are wholly governed in regulations elsewhere in this Chapter or Title 27. 
(b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with Section 40000 of the Public Resources Code (PRC), as amended. These regulations should be read together with the Act. 
(c) Nothing in this Article limits or restricts the power of any Federal, State, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict local governments from promulgating laws which are as strict or stricter than the regulations contained in this Article. However, no local government may promulgate laws which are inconsistent with the provisions of this Article. 
(d) No provision in this Article shall be construed as relieving any owner or operator from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, reports, or other requirements of other regulatory or enforcement agencies, including, but not limited to, local health agencies, Regional Water Quality Control Boards, Department of Toxic Substances Control, air quality management districts or air pollution control districts, local land use authorities, and fire authorities. 
NOTE

Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code.
HISTORY

1. New article 5.95 (sections 17387-17390) and section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
§17387.5. Purpose.
Note     •     History

(a) The purpose of this Article is to promote the health, safety and welfare of the people of the State of California, and to protect the environment by establishing minimum standards for the handling and disposal of C&D waste and inert debris at disposal sites. 
(b) By adopting these standards, the board hereby sets forth performance standards for disposal sites which dispose C&D waste and inert debris and which are of State concern, as required by PRC sections 43020 and 43021, and sets forth minimum substantive requirements for operator's submission of information concerning individual disposal sites. 
NOTE

Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. 
HISTORY

1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
§17388. Definitions.
Note     •     History

For the purposes of this Article, the following definitions shall apply. Additional definitions that apply to this Article are found at California Code of Regulations (CCR), Title 14, Division 7, Chapter 3, Article 6, sections 17402 and 17402.5, and Article 4, section 17225 and Title 27, Division 2, Chapter 2, Articles 1, and 2. 
(a) “C&D” means construction and demolition, as in the term “C&D waste”. 
(b) “CDI” means any combination of construction and demolition waste and inert debris. 
(c) “Construction and Demolition Waste” or “C&D Waste” means the nonhazardous waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures. 
(d) “CDI Waste Disposal Facility” means a facility at which C&D waste, C&D waste together with inert debris (Type A or B) or inert debris (Type B) only is disposed. 
(e) “Disposal” means the final deposition of C&D waste or inert debris onto land. 
(f) “EA” means enforcement agency as defined in PRC section 40130. 
(g) “Engineered Fill Activity” means fill that has been designed by an engineer to act as a structural element of a constructed work and has been placed under engineering inspection, usually with density testing. An engineered fill activity shall meet specifications prepared and certified for a specific project by a Civil Engineer, Certified Engineering Geologist, or similar professional licensed by the State of California, and includes requirements for placement, geometry, material, compaction and quality control. 
(h) “Fill” means gravel, rock, soil, sand, uncontaminated concrete, or fully cured asphalt in conjunction with a construction project or grading. 
(i) “Fully Cured Asphalt” means that the material must be at ambient temperature, be substantially hardened and be inelastic. 
(j) “Grading” means any land excavation, filling, earth moving or combination thereof. 
(k) “Inert Debris” means solid waste and recyclable materials that are source separated or separated for reuse and do not contain hazardous waste (as defined in CCR, Title 22, section 66261.3 et. seq.) or soluble pollutants at concentrations in excess of applicable water quality. Inert debris may not contain any putrescible wastes. Gravel, rock, soil, sand and similar materials whether processed or not, that have never been used in connection with any structure, development, grading or other similar human purpose, or that are uncontaminated, are not inert debris. Such materials may be commingled with inert debris. 
(1) “Type A inert debris” includes but is not limited to concrete (including fiberglass or steel reinforcing bar embedded in the concrete), fully cured asphalt, crushed glass, fiberglass, asphalt or fiberglass roofing shingles, brick, slag, ceramics, plaster, clay and clay products. Type A inert debris is waste that does not contain soluble pollutants at concentrations in excess of water quality objectives and has not been treated in order to reduce such pollutants. The board, upon consultation with the State Water Resources Control Board, will determine on a case by case basis whether materials not listed in this subdivision qualify as Type A inert debris. The board and the State Water Resources Control Board may consider statewide and site-specific factors in making this determination. 
(2) “Type B inert debris” is solid waste that is specifically determined to be inert by the applicable RWQCB, such as treated industrial wastes and de-watered bentonite-based drilling mud, but excluding Type A inert debris. 
(l) “Inert Debris Engineered Fill Operation” means an activity exceeding one year in duration in which only the following inert debris may be used: fully cured asphalt, uncontaminated concrete (including steel reinforcing rods embedded in the concrete), crushed glass, brick, ceramics, clay and clay products, which may be mixed with rock and soil. Those materials are spread on land in lifts and compacted under controlled conditions to achieve a uniform and dense mass which is capable of supporting structural loading, as necessary, or supporting other uses such as recreation, agriculture and open space in order to provide land that is appropriate for an end use consistent with approved local general and specific plans (e.g., roads, building sites, or other improvements) where an engineered fill is required to facilitate productive use(s) of the land. Filling above the surrounding grade shall only be allowed upon the approval of all governmental agencies having jurisdiction. The engineered fill shall be constructed and compacted in accordance with all applicable laws and ordinances and in accordance with specifications prepared and certified at least annually by a Civil Engineer, Certified Engineering Geologist, or similar professional licensed by the State of California and maintained in the operating record of the operation. The operator shall also certify under penalty of perjury, at least annually, that only approved inert debris has been placed as engineered fill, and specifying the amount of inert debris placed as fill. These determinations may be made by reviewing the records of an operation or by on-site inspection. Certification documents shall be maintained in the operating records of the operation and shall be made available to the EA during normal business hours. Acceptance of other Type A inert debris or shredded tires pursuant to Waste Discharge Requirements prior to the effective date of this Article does not preclude an activity from being deemed an inert debris engineered fill operation, provided that the operation meets all the requirements of this Article once it takes effect. Where such materials have been deposited, the operator must specify in the operation plan the type of waste previously accepted, a diagram of the fill area, and estimations of the depth of the fill material previously accepted. Inert debris placed in an Inert Debris Engineered Fill Operation is not counted as diversion or disposal for a given jurisdiction. 
(m) “Inert Debris Type A Disposal Facility” means a site where only Type A inert debris is disposed to land. Inert debris Type A disposal facilities do not include inert debris engineered fill operations. 
(n) “Landslide Debris”, for the purposes of this Article, means the soil or rock or other natural material deposited on roadways, bridge decks, flood control facilities, or other structures resulting from a naturally-occurring mass movement of earth or rocks from a mountain, hill, cliff, or road cut. 
(o) “Operating Record” means a readily accessible collection of records of an operation's or facility's activities in compliance with required State Minimum Standards under Title 14 and Title 27. The operating record shall include the operation plan for inert debris engineered fill operations, or the disposal facility plan or disposal facility report for facilities, and shall contain, but is not limited to: agency approvals, tonnage and load checking records, hours of operation, owner/operator contacts, and personnel training history. The record may be reviewed by State and local authorities and shall be made available during normal business hours. The records may be maintained at any location that is easily accessible to the EA. 
(p) “Putrescible Wastes” means solid wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases or other offensive conditions, and include materials such as, but not limited to food wastes, offal and dead animals. The EA shall determine on a case-by-case basis whether or not a site is handling putrescible wastes. 
(q) “RDSI” means Report of Disposal Site Information as described in CCR, Title 27, section 21600. 
(r) “RWQCB” means Regional Water Quality Control Board. 
(s) “Separated for Reuse” means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing of those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes materials that have been “source separated”. 
(t) “Site” means the area where the handling of solid waste, and/or recyclable materials occurs at an operation or facility subject to this Article. 
(u) “Solid waste” means the same as in PRC section 40191. 
(v) “Source Separated” means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. 
(w) “Vector” means any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease. 
NOTE

Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. 
HISTORY

1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
§17388.1. Regulatory Tiers Placement for CDI Waste and Inert Debris Disposal Operations and Facilities.
Note     •     History

Construction & Demolition and Inert Debris Tier Placement 

View Graphic
NOTE

Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. 
HISTORY

1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
§17388.2. Excluded Activities.
Note     •     History

(a) The following disposal activities do not constitute C&D waste or inert debris operations or facilities for the purposes of this Article and are not required to meet the requirements set forth herein: 
(1) Any use (e.g., grading) of gravel, rock, soil, sand and similar, whether processed or not, that has never been used in connection with any structure, road, parking lot, or similar use. 
(2) Engineered fill activities which have local permits as required, and are carried out in conjunction with a construction project (e.g., building and other construction, bridge and roadway work, development of pathways or riding trails, etc), and which use uncontaminated concrete and/or fully cured asphalt which has been reduced in particle size to 2” or less as part of a recycling activity and concludes within two years from commencement. 
(3) Inert debris engineered fill activities which conclude within one year of commencement and that meet all requirements of section 17388.3 of this Article, except subsections (b) inspections, (c) Plan, (d) State Minimum Standards, (g) final cover, (h) scales and submittal of EA Notification. 
(4) Removal and disposal of landslide debris containing no C&D waste by Federal, State and local government public works agencies and their contractors, provided that the material removed from such sites is disposed in accordance with applicable law. 
(5) Removal and disposal of sediment which has accumulated within irrigation or flood control facilities and which contains no solid waste, by Federal, State and local government public works agencies and their contractors, provided that the material removed from such sites is disposed or otherwise handled in accordance with applicable law. 
(6) The use of fully cured asphalt, uncontaminated concrete (including steel reinforcing rods embedded in the concrete), crushed glass, brick, ceramics, clay and clay products, which may be mixed with rock and soil, in connection with road building, road repair, airport runway construction, bridge and roadway work, levee work, flood control work, and all associated activities by Federal, State and local government public works agencies and their contractors. 
(7) Existing C&D waste or inert debris disposal sites from which all waste and debris have been removed (clean closure) within one year after February 24, 2004, provided that the material removed from such sites is disposed in accordance with applicable law. The board may extend the time for clean closure by up to one year upon the applicant's showing of good cause for such extension. 
(b) Nothing in this section precludes the EA or the board from inspecting an excluded activity to verify that the activity is being conducted in a manner that qualifies as an excluded activity, or from taking any appropriate enforcement action, including the use of a Notice and Order. The burden of proof shall be on the owner or operator to demonstrate that the activity is excluded pursuant to this section. 
NOTE

Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. 
HISTORY

1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
§17388.3. Inert Debris Engineered Fill Operations.
Note     •     History

Inert debris engineered fill operations shall submit EA Notifications, as set forth in CCR, Title 14, Section 18100 et seq. and shall comply with all applicable RWQCB waste discharge requirements. 
(a) Each operator of an inert debris engineered fill operation shall submit a copy of its waste discharge requirements or a letter of exemption from the applicable RWQCB to the EA together with its notification of intent to operate. 
(b) Inert debris engineered fill operations shall be inspected as necessary by the EA to verify compliance with State Minimum Standards. Inspections shall be conducted quarterly, unless the EA determines a lesser frequency is sufficient, but in no case shall the inspection frequency be less than annual. 
(c) Each operator of an inert debris engineered fill operation shall file an “Operation Plan” (as specified in this Article, Section 17390) with the EA together with its notification of intent to operate. The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Section 18101. 
(d) All inert debris engineered fill operations shall comply with the State Minimum Standards set forth in Title 27 CCR, Division 2, Chapter 3.0, Subchapter 4, Article 1 (Operating Criteria), and Article 3 (Handling, Equipment and Maintenance), and Article 4 (Controls) (except sections 20515, 20640, 20880, and 20890). 
(e) By March 1 of each year, the operator shall report to the EA and the board the total amount of inert debris deposited during the previous year. However, the operator is not subject to the disposal reporting record requirements of Title 14 CCR, Division 7, Chapter 9, Article 9.2 or the disposal fee specified in Public Resources Code Section 48000 and Revenue and Taxation Code Section 45151. 
(f) All inert debris engineered fill operations, upon completion or cessation of fill activities for more than one year and upon any transfer of any part of the land subject to the operation prior to completion of fill activities, shall comply with the requirements in Title 27, subsections 21170(a)(1,2 and, if applicable, 3). 
(g) Upon the final placement of waste at the site, the operator shall cover the site of fill with three feet of compacted soil above the fill area or with other final cover as determined by the EA. The EA may determine, on the basis of substantial evidence, that a lesser amount of final cover or no final cover is needed, based on potential impacts to the public health, safety and the environment. 
(h) If an inert debris engineered fill operation exceeds any combination of the following requirements three (3) or more times within any two (2) year period which the EA determines constitutes a violation of this Article, the facility no longer qualifies for an EA Notification under this section. Upon the third such violation, the EA shall notify the operator in writing that the facility no longer qualifies for an EA Notification, and the operator must within 30 days apply for a Full Permit as if it were a CDI Waste Disposal Facility pursuant to Section 17388.5. In addition, the EA shall issue a cease and desist order pursuant to Section 18304 directing, among other things, that the operator immediately cease accepting material at the site until the operator has demonstrated to the EA that it has corrected the violation and eliminated the cause of the violation. Notwithstanding, the EA may at any time take any additional enforcement action the EA deems appropriate. 
The requirements to which this subdivision applies are: 
1. Disposal of any wastes not authorized by subsection 17388(l); 
2. Failure to comply with the requirements for certification by an engineer specified in subsection 17388(l); 
3. Failure to comply with requirements for operator certification of materials disposed in the fill as required in subsection 17388(l). 
(i) Inert debris engineered fill operations are not required to meet the notification requirements of this Article if the operation is occurring at a disposal facility that has a full solid waste facilities permit and the permit authorizes the activity either through a specific condition in the permit or as described and approved in the Report of Disposal Site Information. 
NOTE

Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. 
HISTORY

1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
3. Amendment of first paragraph and subsections (b), (c), (e) and (f) filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§17388.4. Inert Debris Type A Disposal Facilities.
Note     •     History

Inert debris Type A disposal facilities shall obtain Registration Permits and shall comply with the Registration Permit requirements as set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing at Section 18100), with the following requirements set out in CCR, Title 27, Division 2, Chapter 4, Subchapter 3, Article 2 (commencing at Section 21570) in the same manner as if they were municipal solid waste landfills, CCR, Title 14, Division 7, Chapter 9, and with all RWQCB waste discharge requirements. 
(a) Each operator of an inert debris Type A disposal facility shall submit a copy of its waste discharge requirements or a letter of exemption from the applicable RWQCB to the EA together with its application for a Registration Permit. 
(b) Inert debris Type A disposal facilities shall be inspected monthly by the EA in accordance with Public Resources Code Section 43218.
(c) Each operator shall file with the EA, together with its application for a solid waste facilities permit, a Disposal Facility Plan (as more fully described in CCR, Title 14, Division 7, Chapter 5, Article 3.2, Section 18223.6). 
(d) Each operator must comply with the closure and postclosure maintenance requirements of Title 27, CCR, Division 2, Subchapter 5, Article 2 (commencing with Section 21099). 
(e) Each operator must comply with the financial assurance requirements for closure and postclosure maintenance, operating liability and corrective action set forth in Title 27 CCR, Division 2, Chapter 6 (commencing at Section 22200). 
(f) The EA shall comply with the Enforcement Agency Requirements of Title 27 CCR, Division 2, Chapter 4, Subchapter 3, Article 3, commencing with Section 21650. 
(g) Inert debris Type A disposal facilities shall maintain disposal reporting records and comply with the requirements set forth in Title 14 CCR, Division 7, Chapter 9, Article 9.2 (Disposal Reporting System), commencing at Section 18800. 
(h) Inert debris Type A disposal facilities shall comply with the State Minimum Standards set forth in Title 27 CCR, Division 2, Chapter 3.0, Subchapter 4, Articles 1 (Operating Criteria), Article 3 (Handling, Equipment and Maintenance), and Article 4 (Controls) (except Sections 20880 and 20890). 
(i) Each operator shall determine the weight of all material received at the facility for disposal and shall maintain records of the weight of materials as required herein. Until February 24, 2005, weight of material shall be determined by a conversion factor authorized by the EA for each waste type received. After that date, weight shall be determined by the use of scales, which may be located at the operation or off-site. Notwithstanding, operations in a rural city or a rural county, as defined in Public Resources Code Sections 40183 and 40184, and operations that will cease activities within three years from February 24, 2004, as reflected in their Operation Plan may determine the weight of materials received by use of conversion factors authorized by the EA for each waste type or combination thereof received. Evidence of the accuracy of the conversion factors shall be provided to the EA annually. 
(j) If an inert debris Type A disposal facility accepts for disposal any waste not authorized by, or pursuant to, Subsection 17388(k)(1) three (3) or more times within any two (2) year period which the EA determines constitutes a violation of this Article, the facility no longer qualifies for a Registration Permit under this Section. Upon the third such violation, the EA shall notify the operator in writing that the facility no longer qualifies for a Registration Permit, and the operator must within 30 days apply for a Full Solid Waste Facilities Permit as if it were a CDI Waste Disposal Facility pursuant to Section 17388.5. In addition, the EA shall issue a cease and desist order pursuant to Section 18304 directing, among other things, that the operator immediately cease accepting material at the site until the operator has demonstrated to the EA that it has corrected the violation and eliminated the cause of the violation. Notwithstanding, the EA may at any time take any additional enforcement action the EA deems appropriate. 
NOTE

Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. 
HISTORY

1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
3. Amendment filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§17388.5. CDI Waste Disposal Facilities.
Note     •     History

CDI waste disposal facilities shall obtain full solid waste facilities permits and shall comply with all requirements promulgated by the board as set forth in CCR, Title 27, Division 2 in the same manner as if they were municipal solid waste landfill units. 
(a) CDI waste disposal facilities shall maintain disposal reporting records and shall comply with the requirements set forth in Title 14 CCR, Division 7, Chapter 9, Article 9.2 (Disposal Reporting System), commencing at Section 18800. 
(b) Each operator shall determine the weight of all material received at the facility for disposal and shall maintain records of the weight of materials as required herein. Until February 24, 2005, weight of material shall be determined by a conversion factor authorized by the EA for each waste type received. After that date, weight shall be determined by the use of scales, which may be located at the operation or off-site. Notwithstanding, operations in a rural city or a rural county, as defined in Public Resources Code Sections 40183 and 40184, and operations that will cease activities within three years from February 24, 2004, as reflected in their Operation Plan may determine the weight of materials received by use of conversion factors authorized by the EA for each waste type or combination thereof received. Evidence of the accuracy of the conversion factors shall be provided to the EA annually. 
NOTE

Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. 
HISTORY

1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
3. Amendment of subsections (a) and (b) and repealer of subsection (c) filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§17388.6. Public Hearing.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. 
HISTORY

1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
3. Repealer filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§17389. Record Keeping Requirements for Operations.
Note     •     History

All operations shall meet the following requirements: 
(a) All records required by this Article shall be maintained in a single accessible location for at least three (3) years and shall be available for inspection by authorized representatives of the board, EA, local health agency, and other duly authorized regulatory and enforcement agencies during normal working hours. 
(b) The operator shall maintain a daily log book or file describing special occurrences and methods used to resolve problems arising from these events, including details of all incidents requiring the implementation of emergency procedures. Special occurrences shall include, but are not limited to: receipt or rejection of prohibited wastes, fires, accidents, injury and property damage, flooding, earthquake damage and other unusual occurrences. The operator shall notify the EA by telephone within 24 hours of all incidents requiring the implementation of emergency procedures, unless the EA determines that a less immediate form of notification will be sufficient to protect public health and safety and the environment. 
(c) The operator shall document any written and oral complaints received from the public, including the nature of the complaint, the date the complaint was received, the name, address, and telephone number of the person or persons making the complaint (if available), and any actions taken to respond to the complaint. 
(d) The operator shall maintain an operating record which shall include, among other things, records of incoming weights or volumes and outgoing salvage or residual weights or volumes shall be kept in a form or manner approved by the EA. Such records shall be adequate for overall planning and control purposes, and be as current and accurate as practicable. These records shall be provided to the EA or the board upon request. 
(e) The operator shall record the number of load checks performed and loads rejected. 
(f) The operator shall maintain a copy of the written notice to the EA and local health agency specifying the names, addresses, and telephone numbers of the operator or other persons responsible for the operation. 
(g) The operator shall maintain records of employee training. 
(h) If gas monitoring is conducted at the operation, the operator shall maintain records of all gas monitoring as available and as required. 
(i) If water monitoring is conducted at the operation, the operator shall maintain records of all water monitoring as available and appropriate as required. 
[Note: Record-keeping requirements for facilities subject to this Article are found at and Title 27, Division 2, Chapter 3, Article 1, section 20510.] 
NOTE

Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. 
HISTORY

1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
§17390. Operation Plan.
Note     •     History

Each operator of an Inert Debris Engineered Fill Operation, together with its notification of intent to operate filed pursuant to section 17388.3 of this Article, shall file with the EA an Operation Plan. The operator must file amendments as necessary to maintain the accuracy of the Plan. A Plan shall contain the following: 
(a) Name(s) of the operator, owner, and the company they represent, if applicable; 
(b) Scaled schematic drawing of the buildings and other structures showing layout and general dimensions of the operations area, including but not limited to, unloading, storage, loading, and parking areas; 
(c) Descriptive statement of the manner in which activities are to be conducted at the operation; 
(d) Days and hours of operation. If the hours of waste receipt differ from the hours of material processing, each schedule may be stated. For facilities with continuous operations, indicate the start of the operating day for the purpose of calculating the amount of waste received per operating day. The operator may also indicate whether or not, and when, other activities such as routine maintenance will take place, if those activities will occur at times other than those indicated above; 
(e) Total acreage contained within the operating or fill areas; 
(f) Design capacity, including the assumptions, methods, and calculations performed to determine the total capacity; 
(g) Information indicating the types and daily quantities of waste or debris to be received. If tonnage is determined from records of cubic yardage, include the conversion factor used in the calculation; 
(h) Description of methods used by the operation to comply with each State Minimum Standard; 
(i) Anticipated volume of quench or process water and the planned method of treatment and disposal of any wastewater; 
(j) Description of provisions to handle unusual peak loading; 
(k) Description of transfer, recovery and processing equipment, including classification, capacity and the number of units. 
(l) Planned method for final placement of the solid waste; 
(m) Planned method for the storage and removal of salvaged material. 
(n) Resume of management organization that will operate the site. 
(o) A description of road building and seasonal tipping pad design. 
(p) A description of a program to prevent the acceptance of unapproved materials and hazardous wastes. 
(q) A description of the planned method for storage and removal of prohibited wastes. 
(r) A general description of the proposed final productive use(s), if any, of the fill area. The description shall specify generally what area(s) within the boundaries of the operation will be capable of supporting a structure upon closure. 
(s) The compaction standards for density and design, if any. 
(t) A copy of the operator's Injury and Illness Prevention Plan (as applicable under current law). 
NOTE

Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. 
HISTORY

1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
Article 6.0. Transfer/Processing Operations and Facilities Regulatory Requirements
§17400. Authority and Scope.
Note     •     History

(a) Articles 6.0, 6.1, 6.2, 6.3, and 6.35 set forth permitting requirements and minimum operating standards for operations and facilities that receive, store, handle, recover, transfer, or process solid waste which are subject to the requirements of these Articles. The regulatory tier requirements of sections 17403 through 17403.9 are not applicable to operations and facilities that are subject to regulations elsewhere in this Chapter, including but not limited to, Article 5.6 (commencing at section 17360); and in Chapter 3.1 (commencing with section 17850). Activities placed within the excluded tier in other parts of this Division, may still be subject to these regulatory requirements.
(b) These Articles are adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.
(c) These Articles implement those provisions of the Act relating to receipt, storage, handling, recovery, transfer, or processing of solid waste. Nothing in these Articles limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict cities and counties from promulgating laws which are as strict or stricter than the regulations contained in these Articles. However, no city or county may promulgate laws which are inconsistent with the provisions of these Articles.
(d) No provision in these Articles shall be construed as relieving any owner, operator, or designee from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local heath agencies, regional water quality control boards, Department of Toxic Substances Control, California Department of Industrial Relations, Division of Occupational Safety and Health, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.
(e) No provision in these Articles is intended to require the owner or operator of an operation to comply with the Enforcement Agency Notification requirements, or the owner or operator of a facility to obtain a tiered permit in accordance with Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2.0, 3.0 and 3.1 of the California Code of Regulations (commencing with section 21570) et seq. and Title 14, Division 7, Chapter 5.0, Article 3.0, (commencing with section 18100); if that owner or operator already has a valid full solid waste facility permit and, that permit authorizes the transfer/processing operation or facility.
(f) Notwithstanding subsection (a) of this section, if a Chipping and Grinding Operation or Facility, as defined in section 17852(k) of this Division, handles material that fails to meet the definition of green material due to contamination as set forth in section 17852(u) of this Division, the operation or facility:
(1) shall be subject to these regulatory requirements,
(2) shall not be considered to be a recycling center as set forth in subsections (c) or (d) of section 17402.5, and
(3) shall not qualify as an excluded operation as set forth in section 17403.1.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. Renumbering of old article 6 heading to new article 6.4, new article 6.0 (sections 17400-17405.0) and section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of article heading, section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
3. Amendment of subsection (a) filed 8-13-2001 as an emergency; operative 2-11-2002 (Register 2001, No. 33). A Certificate of Compliance must be transmitted to OAL by 7-11-2002 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a) refiled 6-13-2002 as an emergency; operative 6-13-2002 (Register 2002, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2002 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-13-2002 order, including further amendment of subsection (a) and new subsections (f)-(f)(3), transmitted to OAL 8-22-2002 and filed 9-30-2002 (Register 2002, No. 40).
§17401. Applicability of Standards.
History

HISTORY

1. Repealer filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
§17402. Definitions.
Note     •     History

(a) For the purposes of these Articles:
(1) “Contact Water” means water that has come in contact with waste and may include leachate.
(2) “Covered Container” means a container that is covered to prevent the migration of litter from the container, excessive infiltration of precipitation, odor and leachate production, and to prevent access by animals and people; thereby controlling litter, scavenging, and illegal dumping of prohibited wastes. Covers may include, but are not limited to, tarpaulins or similar materials.
(3) “Direct Transfer Facility” means a transfer facility that receives equal to or more than 60 cubic yards or 15 tons (whichever is greater) of solid waste per operating day but less than 150 tons of solid waste and meets all of the following requirements:
(A) is located on the premises of a duly licensed solid waste hauling operator;
(B) only handles solid waste that has been placed within covered containers or vehicles prior to entering the facility and that is transported in vehicles owned or leased by that same operator;
(C) the facility does not handle, separate, or otherwise process the solid waste; 
(D) no waste is stored at the facility for more than any 8-hour period;
(E) solid waste is transferred only once and directly from one covered container or vehicle to another covered container or vehicle so that the waste is never put on the ground or outside the confines of a container or vehicle, before, during, or after transfer. Direct transfer would not include top loading trailers where the solid waste actually leaves the confines of the collection vehicle and is suspended in air before falling into a transfer vehicle;
(F) all of the contents of the original transferring container or vehicle must be emptied during a single transfer; and
(G) any waste that may unintentionally fall outside of the containers or vehicles, is promptly cleaned up and replaced within the container or vehicle to which it was being transferred.
(4) “DTSC” means Department of Toxic Substances Control.
(5) “EA” means enforcement agency as defined in PRC section 40130.
(6) “Emergency Transfer/Processing Operation” means an operation that is established because there has been a proclamation of a state of emergency or local emergency, as provided in Title 14, Division 7, Chapter 3, Article 3, sections 17210.1 (j) and (k) and which meets all of the following requirements:
(A) the operation handles only disaster debris and other wastes, in accordance with section 17210.1(d), during the disaster debris recovery phase; and
(B) the location does not currently have a solid waste facility permit;
(C) if the operation accepts, processes, or stores hazardous or household hazardous waste, then these activities must be in compliance with DTSC standards or standards of other appropriate authorities or agencies.
(7) “Hazardous Wastes” means any waste which meets the definitions set forth in Title 22, section 66261.3, et seq. and is required to be managed.
(8) “Large Volume Transfer/Processing Facility” means a facility that receives 100 tons or more of solid waste per operating day for the purpose of storing, handling or processing the waste prior to transferring the waste to another solid waste operation or facility.
(A) In determining the tonnage of solid waste received by the facility, the following materials shall not be included: materials received by a recycling center located within the facility, and by beverage container recycling programs in accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling activities are separated from the solid waste handling activities by a defined physical barrier or where the activities are otherwise separated in a manner approved by the EA.
(B) If the facility does not weigh the solid waste received, then the tonnage shall be determined by using a volumetric conversion factor where one cubic yard is equal to 500 pounds. The EA shall approve an alternate conversion factor if the operator demonstrates that it is more accurate than the required conversion factor.
(9) “Limited Volume Transfer Operation” means an operation that receives less than 60 cubic yards, or 15 tons of solid waste per operating day for the purpose of storing the waste prior to transferring the waste to another solid waste operation or facility and which does not conduct processing activities, but may conduct limited salvaging activities and volume reduction by the operator. 
(A) In determining the tonnage of solid waste received by the operation, the following materials shall not be included: materials received by a recycling center located within the operation, and by beverage container recycling programs in accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling activities are separated from the solid waste handling activities by a defined physical barrier or where the activities are otherwise separated in a manner approved by the EA.
(B) If the operation does not weigh the solid waste received, then the tonnage shall be determined by using a volumetric conversion factor where one cubic yard is equal to 500 pounds. The EA shall approve an alternate conversion factor if the operator demonstrates that it is more accurate than the required conversion factor.
(10) “Litter” means all solid waste which has been improperly discarded or which has migrated by wind or equipment away from the operations area. Litter includes, but is not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on the lands and waters of the state.
(11) “Medium Volume Transfer/Processing Facility” means a facility that receives equal to or more than 60 cubic yards or 15 tons (whichever is greater) of solid waste per operating day but less than 100 tons of solid waste, for the purpose of storing or handling the waste prior to transferring the waste to another solid waste operation or facility; or a facility that receives any amount of solid waste, up to 100 tons per operating day, for the purpose of processing solid waste prior to transferring the waste to another solid waste operation or facility.
(A) In determining the tonnage of solid waste received by the facility, the following materials shall not be included: materials received by a recycling center located within the facility, and by beverage container recycling programs in accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling activities are separated from the solid waste handling activities by a defined physical barrier or where the activities are otherwise separated in a manner approved by the EA.
(B) If the facility does not weigh the solid waste received, then the tonnage shall be determined by using a volumetric conversion factor where one cubic yard is equal to 500 pounds. The EA shall approve an alternate conversion factor if the operator demonstrates that it is more accurate than the required conversion factor.
(12) “Nuisance” includes anything which:
(A) is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and
(B) affects at the same time an entire community, neighborhood or any considerable number of persons. The extent of annoyance or damage inflicted upon an individual may be unequal.
(13) “On-site” means located within the boundary of the operation or facility.
(14) “Open burning” means the combustion of solid waste without:
(A) control of combustion air to maintain adequate temperature for efficient combustion,
(B) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and 
(C) control of the emission of the combustion products.
(15) “Operating day” means the hours of operation as set forth in the application, Enforcement Agency Notification and/or permit not exceeding 24 hours.
(16) “Operating Record” means an easily accessible collection of records of an operation's or facility's activities and compliance with required state minimum standards under Title 14. The Record may include the Facility Plan or Transfer/Processing Report for facilities, and shall contain but is not limited to containing: agency approvals, tonnage and loadchecking records, facility contacts and training history. The record may be reviewed by state and local authorities and shall be available during normal business hours. If records are too voluminous to place in the main operating record or if the integrity of the records could be compromised by on-site storage, such as exposure to weather, they may be maintained at an alternative site, as long as that site is easily accessible to the EA.
(17) “Operations Area” means:
(A) the following areas within the boundary of an operation or facility as described in the permit application or Enforcement Agency Notification: 
(i) equipment management area, including cleaning, maintenance, and storage areas; and 
(ii) material and/or solid waste management area, including unloading, handling, transfer, processing, and storage areas.
(B) the boundary of the operations area is the same as the permitted boundary but may or may not be the same as the property boundary.
(18) “Operator” means the owner, or other person who through a lease, franchise agreement or other arrangement with the owner, that is listed in the permit application or Enforcement Agency Notification, is legally responsible for all of the following:
(A) complying with regulatory requirements set forth in these Articles;
(B) complying with all applicable federal, state and local requirements;
(C) the design, construction, and physical operation of the operations area;
(D) controlling the activities at an operation or facility as listed on the permit application or Enforcement Agency Notification.
(19) “Owner” means the person or persons who own, in whole or in part, an operation or facility, and/or the land on which it is located.
(20) “Processing” means the controlled separation, recovery, volume reduction, conversion, or recycling of solid waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines or volume reduction equipment. Recycling Center is more specifically defined in section 17402.5 (d) of this Article.
(21) “Putrescible Wastes” include wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases or other offensive conditions, and include materials such as, but not limited to food wastes, offal and dead animals. The EA shall determine on a case-by-case basis whether or not a site is handling putrescible wastes.
(22) “Regulated Hazardous Waste” means a hazardous waste, as defined in section 66260.10 of Division 4.5 of Title 22.
(23) “RWQCB” means the Regional Water Quality Control Board.
(24) “Salvaging” means the controlled separation of solid waste material which do not require further processing, for reuse or recycling prior to transfer activities.
(25) “Scavenging” means the uncontrolled and/or unauthorized removal of solid waste materials.
(26) “Sealed Container Transfer Operation” means a transfer operation that meets the following requirements:
(A) handles only solid waste that has previously been placed within containers that have either a latched, hard top or other impermeable cover which is closed tightly enough to:
(1) prevent liquid from infiltrating into or leaking out of the container; and
(2) prevent the propagation and migration of vectors; and,
(i) the solid waste remains within the unopened containers at all times while on-site; and,
(ii) the containers are not stored on-site for more than 96 hours. Sealed container transfer operations do not include operations excluded by Public Resources Code section 40200(b)(3).
(27) “Special Waste” includes but is not limited to:
(A) waste requiring special collection, treatment, handling, storage, or transfer techniques as defined in Title 22, section 66260.10.
(B) waste tires and appliances requiring CFC removal.
(28) “Spotter” means an employee who conducts activities that include, but are not limited to, traffic control, hazardous waste recognition and removal for proper handling, storage and transport or disposal, and protection of the public from health and/or safety hazards.
(29) “Store” means to stockpile or accumulate for later use.    
(30) “Transfer/Processing Facility” or “Facility” includes:
(A) those activities governed by the Registration Permit tier or Full Solid Waste Facility Permit requirements (as specified in sections 17403.6 and 17403.7); and,
(B) which:
1. receive, handle, separate, convert or otherwise process materials in solid waste; and/or
2. transfer solid waste directly from one container to another or from one vehicle to another for transport; and/or
3. store solid waste;
(C) The receipt of separated for reuse material pursuant to Public Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within a solid waste facility does not constitute solid waste handling, or processing, if there is a defined physical barrier to separate recycling activities defined in Public Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, from the solid waste activities, or where the recycling and solid waste activities are considered by the EA as separate operations.
(D) “Transfer/Processing Facilities” do not include activities specifically defined in section 17402.5(c) of this Article, and operations and facilities that are subject to regulations in Chapter 3.1 (commencing with section 17850).
(31) “Transfer/Processing Operation” or “Operation” includes:
(A) those activities governed by the EA Notification tier requirements; and,
(B) which:
1. receive, handle, separate, convert or otherwise process materials in solid waste; and/or
2. transfer solid waste directly from one container to another or from one vehicle to another for transport; and/or
3. store solid waste;
(C) The receipt of separated for reuse material pursuant to Public Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within a solid waste operation does not constitute solid waste handling, or processing, if there is a defined physical barrier to separate recycling activities defined in Public Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, from the solid waste activities, or where the recycling and solid waste activities are considered by the EA as separate operations.
(D) “Transfer/Processing Operations” do not include activities specifically defined in section 17402.5(c) of this Article, and operations and facilities that are subject to regulations in Chapter 3.1 (commencing with section 17850).
(32) “Volume Reduction” means techniques such as: compaction, shredding, and baling.
(33) “Waste Hauling Yard Operation” is an operation that meets the following requirements:
(A) is located on the premises of a duly licensed solid waste hauling operator, who receives, stores, or transfers waste as an activity incidental to the conduct of a refuse collection and disposal business, and;
(B) handles only solid waste that has been placed within a covered container before the container arrives at the waste hauling yard, and;
(C) no more than 90 cubic yards of waste is stored on-site in covered containers at any time, and;
(D) the solid waste remains within the original covered containers while on-site at any times, and;
(E) the covered containers are not stored on-site for more than any 72 hour period;
(F) if the EA has information that the operation does not meet these requirements, the burden of proof shall be on the owner or operator to demonstrate that the requirements are being met.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
3. Amendment of subsections (a)(30)(D) and (a)(31)(D) filed 8-13-2001 as an emergency; operative 2-11-2002 (Register 2001, No. 33). A Certificate of Compliance must be transmitted to OAL by 7-11-2002 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a)(30)(D) and (a)(31)(D) refiled 6-13-2002 as an emergency; operative 6-13-2002 (Register 2002, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2002 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-13-2002 order, including amendment of subsection (a)(21), transmitted to OAL 8-22-2002 and filed 9-30-2002 (Register 2002, No. 40).
§17402.5. Definitions and Related Provisions Regarding Activities That Are Not Subject to the Transfer/Processing Regulatory Requirements.
Note     •     History

(a) This section sets forth definitions and related provisions regarding activities that are not subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter.
(1) Activities that are not in compliance with the applicable definitions and related provisions of this section shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter.
(2) The definitions and related provisions of this section are for use only to determine the applicability of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter.
(b) The following general definitions may apply to one or more of the activities that are more specifically defined in subdivisions (c) and (d) of this section.
(1) “Residual” means the solid waste destined for disposal, further transfer/processing as defined in section 17402(a)(30) or (31) of this Article, or transformation which remains after processing has taken place and is calculated in percent as the weight of residual divided by the total incoming weight of materials.
(2) “Reuse” means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded.
(3) “Separated for Reuse” means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes materials that have been “source separated”.
(4) “Source Separated” means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. 
(c) Activities included in one of the following definitions are not subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter, provided that these activities do not include the acceptance of solid waste which has not been separated for reuse. If an activity defined in this section is accepting solid waste which has not been separated for reuse, it must meet the requirements of subdivision (d) of this section or else it shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter.
(1) “Auto Dismantler” means a person or business entity engaged in the business of buying, selling, or dealing in vehicles including nonrepairable vehicles, for the purpose of dismantling the vehicles, buying or selling the integral parts and component materials thereof, in whole or in part, or dealing in used motor vehicle parts pursuant to California Vehicle Code, section 220.
(2) “Auto Shredder” or “Metal Shredder” means a person or business entity that accepts scrap metal, typically automobiles and white goods, and mechanically rends that scrap metal into fist sized bits and pieces and separates the ferrous metals, nonferrous metals and other materials for the purpose of recycling.
(3) “Buy Back Center” means a person or business entity engaging in those activities defined in Public Resources Code Sections 14518, or 14520.
(4) “Drop-off Center” means a person or business entity engaging in those activities defined in Public Resources Code Section 14511.7.
(5) “Manufacturer” means a person or business entity that uses new or separated for reuse materials as a raw material in making a finished product that is distinct from those raw materials.
(6) “Regional Produce Distribution Center” means a distribution center that receives unsold produce (sometimes referred to as “pre-consumer”) back from stores to which it originally sent the produce, for the purpose of transferring this produce to a compost operation or facility, or to a beneficial use. A regional produce distribution center would not include a site where produce is processed.
(7) “Rendering Plant” means a person or business entity where dead animals or any part or portion thereof, vegetable oils, or packing house refuse, are processed for the purpose of obtaining the hide, skin, grease residue, or any other byproduct whatsoever.
(8) “Reuse Salvage Operation” means a person or business entity which sterilizes, dismantles, rebuilds, or renovates, nonputrescible separated-for-reuse materials, and that recovers for recycling or reuse distinct material types that have not been commingled with other materials before they enter the waste stream. Examples of this activity include, but are not limited to, wire choppers, and dismantlers of furniture and mattresses, and “brown goods” such as computer equipment, VCRs, and televisions.
(9) “Scrap Metal Recyclers and Dealers” means a person or business entity including all employees of the person or business entity, (except automotive recyclers and auto shredders as defined in this section), whose primary business is the purchasing; processing by shredding, shearing, baling, and torching; trading, bartering or otherwise receiving secondhand or castoff metal material which includes ferrous metals, nonferrous metals, aluminum scrap, auto bodies, major appliances and other metals, including containers that are regulated pursuant to Public Resources Code Sections 14511.7, 14518 or 14520.
(10) “Wire Chopper” means a person or business entity which uses source separated metal components or wire for the purpose of recycling or reuse. 
(11) “Wood, Paper or Wood Product Manufacturer” means a person or business entity that uses separated for reuse paper or woody materials in order to produce a finished product able to be used as is, or to manufacture another product such as, boxes or boards, without further processing.
(d) A “Recycling Center” means a person or business entity that meets the requirements of this subdivision. A recycling center shall not be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter.
(1) A recycling center shall only receive material that has been separated for reuse prior to receipt. 
(2) The residual amount of solid waste in the separated for reuse material shall be less than 10% of the amount of separated for reuse material received by weight.
(A) The residual amount is calculated by measuring the outgoing tonnage after separated for reuse materials have been removed.
(B) The residual amount is calculated on a monthly basis based on the number of operating days.
(3) The amount of putrescible wastes in the separated for reuse material shall be less than 1% of the amount of separated for reuse material received by weight, and the putrescible wastes in the separated for reuse material shall not cause a nuisance, as determined by the EA.
(A) The amount of putrescible wastes is calculated in percent as the weight of putrescible wastes divided by the total incoming weight of separated for reuse material.
(B) The amount of putrescible wastes is calculated on a monthly basis based on the number of operating days.
(4) The only separation that may occur at the recycling center is the sorting of materials that have been separated for reuse prior to receipt.
(5) The recycling center may include an adjustment in the calculation to include the weight of water in the residual, when the use of water is essential to the sorting or processing of the material, provided that such an adjustment is also made in the weight of materials received for processing.
(6) The following materials shall not be included in calculating residual as set forth in subdivision (d)(2) of this section, if the recycling activities are separated from the material handling activities noted below by a defined physical barrier or where the activities are otherwise separated in a manner that the EA determines will keep the materials from being commingled:
(A) materials received at an on-site Buy Back Center;
(B) materials received at an on-site Drop-off Center;
(C) cannery waste;
(D) construction and demolition materials;
(E) nonhazardous contaminated soil;
(F) grease-trap pumpings;
(G) nonhazardous asbestos; 
(H) nonhazardous ash;
(I) compost and compost feedstock;
(J) sewage sludge;
(K) tires.
(7) If the EA has information that material that is being received is not separated for reuse or source separated, that the residual is 10% or more of the total per month, or that the amount of putrescible wastes is 1% or more of the total per month, the burden of proof shall be on the owner or operator to demonstrate otherwise. 
(A) A business that accepts loads of material that are not separated for reuse or source separated does not qualify as a recycling center.
(B) If the EA has reason to believe that a business is accepting material that is not separated for reuse or source separated due to the averaging or combining of those loads with other loads of separated for reuse material, the burden of proof will be on the business to demonstrate that it is not accepting loads of mixed solid waste.
(C) If the EA has reason to believe that a business is accepting material that is not separated for reuse or source separated due to the separation of portions of the material at consecutive sites, each of which removes less than 10% residual, the burden of proof will be on the business to demonstrate that it is not accepting loads of mixed solid waste.
(D) If the EA determines that a business has exhibited a pattern and practice of failing to comply with the provisions of this subsection, the EA may issue a Notice and Order requiring the business to obtain a Registration Permit or Full Permit or comply with the Enforcement Agency Notification requirements as made applicable in sections 17403 through 17403.7 of this Article.
(E) At the time that the EA requires a recycling center to provide evidence that it is in compliance with this subdivision, the EA shall provide the recycling center with a written description of the information that has caused the EA to believe that the recycling center is not in compliance. Nothing in this requirement is intended to require the EA to identify the name or other identifying information regarding any individual(s) who have complained about the recycling center.
(F) Nothing in this section precludes the enforcement agency or the board from the following: inspecting a business to verify that it is conducted in a manner that meets the provisions of this subsection; or, from taking any appropriate enforcement action, including the use of a Notice and Order as provided in Section 18304.
(8) Operations which do not meet the 10% residual percentage in subdivision (d)(2) of this section but which qualify as a Limited Volume Transfer Operation, shall comply with the requirements of section 17403.3 within one month of March 5, 1999.
(9) recycling center operators may voluntarily report their residual percentage to the EA and the CIWMB using form CIWMB 607 (located in Appendix A).
(10) If the EA determines that a person or business entity purporting to operate a recycling center is not in compliance with this subsection and issues an enforcement order, that person or business entity may appeal that order in accordance with Public Resources Code section 44307.
(e) If a Chipping and Grinding Operation or Facility, as defined in section 17852(a)(10) of this Division, handles material that fails to meet the definition of green material due to contamination as set forth in section 17852(a)(21) of this Division, the operation or facility shall not be considered to be a recycling center as set forth in subsections (c) or (d) of section 17402.5.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
2. Amendment filed 8-13-2001 as an emergency; operative 2-11-2002 (Register 2001, No. 33). A Certificate of Compliance must be transmitted to OAL by 7-11-2002 or emergency language will be repealed by operation of law on the following day.
3. Amendment refiled 6-13-2002 as an emergency; operative 6-13-2002 (Register 2002, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-13-2002 order, including further amendment of section, transmitted to OAL 8-22-2002 and filed 9-30-2002 (Register 2002, No. 40).
5. Change without regulatory effect amending subsection (e) filed 6-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 27).
§17403.0. Regulatory Tiers Requirements for Transfer/Processing Operations and Facilities.
Note     •     History

Sections 17403.1 through 17403.7 set forth the regulatory tier requirements (Title 14, Division 7, Chapter 5.0, Article 3.0, commencing with section 18100 or Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3 and 3.1 of the California Code of Regulations (commencing with section 21570) that apply to specified types of transfer/processing operations and facilities. These requirements are summarized in Table 1.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section heading, section and Note, and new Table 1 filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).

Table 1 

Transfer/Processing Operations and Facilities 

Placement into the Regulatory Tiers

	Not Subject to Articles 	Excluded Tier 	Enforcement Agency 	Registration Permit Tier 	Full Solid Waste Facility 
	6.0, 6.1, 6.2, 6.3 and 6.35 		Notification Tier		 Permit 

·Auto Dismantler Section 	·Locations where <15 	·Emergency 	·Medium Volume 	·Large Volume 
17402.5(c)(1) 	cubic yards of 	Transfer/Processing 	Transfer/Processing 	Transfer/Processing 
	combined container 	Operations Section 	Facility Section 17403.6	Facility Section 17403.7 

·Auto Shredder Operations 	volume is provided to 	17403.5 	
Section 17402.5(c)(2) 	serve as multi-residence 		·Direct Transfer Facility 
	receptacles for	·Sealed Container 	 Section 17403.4 

·Buy Back Centers 	residential refuse at the 	Transfer Operations 	
Section 17402.5(c)(3) 	place of generation.	Section 17403.2 	
	Section 17403.1(a)(1) 		

·Drop-off Centers 		·Limited Volume 	
Section 17402.5(c)(4) 	·Locations where <15 	Transfer Operations 	
	cubic yards of 	Section 17403.3 	

·Manufacturers Section 	combined container volume	
17402.5(c)(5) 	is handled for recycling. 	
	Section 17403.1(a)(2) 	

·Recycling Centers Section 		
17402.5(d) 	·Storage receptacle at 	
	the place of generation 	

·Rendering Plants Section 	for waste from multi-
17402.5(c)(6) 	residential buildings or 
	for commercial solid wastes

·Reuse Salvage Operations 	Section 17403.1(a)(3)
(includes furniture and
mattress dismantlers and 	·Containers used to 
demanufacturers)	store construction or 
Section 17402.5(c)(7) 	demolition wastes at the
	place of generation. 
	Section 17403(a)(4) 

·Scrap Metal Recyclers and 	
Dealers Section 17402.5(c)(8) 	·Containers used to store 
	salvaged materials. 
·Wire Choppers Section 	Section 17403.1(a)(5) 
17402.5(c)(9) 	
	·Waste Hauling Yard 

·Wood, Paper, or Wood 	Operations. Section 
 Product Manufacturer  	17403.1(a)(6) 
Section 17402.5(c)(10) 	
	·Storage of Other 
	Wastes. Section 
	17403(1)(a)(7) 

Note: There are no operations or facilities placed within the Standardized tier.
§17403.1. Excluded Operations.
Note     •     History

(a) The following operations do not constitute transfer operations or facilities for the purposes of these Articles and are not required to meet the requirements set forth herein:
(1) Locations where 15 cubic yards or less of combined container volume is provided to serve as multi-residence receptacles for residential refuse and are located at the place of generation; or
(2) Locations where 15 cubic yards or less of combined container volume of separated for reuse material is handled for recycling; or 
(3) Storage receptacles at the place of generation for waste from multi-residential buildings or for commercial solid wastes at the place of generation; or 
(4) Containers used to store construction or demolition wastes at the place of generation; or 
(5) Containers used to store salvaged materials; or
(6) Waste Hauling Yard Operations; or 
(7) Storage and handling of any of the following wastes:
(A) Municipal solid waste removed from seagoing vessels that is quarantined in accordance with 7 Code of Federal Regulations section 330.400 and 9 Code of Federal Regulations section 94.5;
(B) Controlled substances confiscated by law enforcement agencies, including, but not limited to seized narcotics and other contraband;
(C) Agricultural wastes with possible pest contamination;
(D) Dead animals with possible infectious diseases;
(E) U.S. Currency which must be destroyed; or
(F) Confidential records destruction, including microfiche, and microfilm;
(G) As determined by the EA, other discrete waste streams that are already subject to stricter handling requirements under Federal or State law.
(b) Nothing in this section precludes the EA from inspecting an excluded operation to verify that the operation is being conducted in a manner that qualifies it as an excluded operation or from taking any appropriate enforcement action. The burden of proof shall be on the owner or operator to demonstrate that the operations are excluded pursuant to this section.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17403.2. Sealed Containers Transfer Operations.
Note     •     History

All sealed container transfer operations subject to this Article shall comply with the Enforcement Agency Notification requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of California Code of Regulations (commencing with section 18100). These operations shall be inspected by the EA, as necessary to verify compliance with minimum standards. Inspections shall be conducted quarterly, unless the EA determines a lesser frequency is necessary, but in no case shall the frequency be less than annual. The operator shall specify the operation's boundary area in the operating record.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17403.3. Limited Volume Transfer Operations.
Note     •     History

All limited volume transfer operations subject to this Article shall comply with the Enforcement Agency Notification requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18100). These operations shall be inspected by EA as necessary to verify compliance with minimum standards. Inspections shall be conducted quarterly, unless the EA determines a lesser frequency is necessary, but in no case shall the frequency be less than annual. The operator shall specify the operation's boundary area in the operating record.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17403.4. Direct Transfer Facility.
Note     •     History

All direct transfer facilities subject to this Article shall comply with the Registration Permit requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18104). These facilities shall be inspected monthly by the EA in accordance with PRC section 43218.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17403.5. Emergency Transfer/Processing Operations.
Note     •     History

(a) All emergency transfer/processing operations shall comply with the Enforcement Agency Notification requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18100). These operations shall be inspected by the EA as necessary to verify compliance with minimum standards, but in no case shall the frequency be less than monthly. The operator shall specify the operation's boundary area in the operating record.
(b) In addition, the emergency transfer/processing operations shall meet the following requirements:
(1) the land owner has certified his/her knowledge of the proposed activity and agrees to ensure proper termination, and;
(2) The operation shall not exist for a period of time greater than 120 days from the date that the Enforcement Agency Notification is received by the EA. Upon receipt of the reports required by section 17210.5, the operation may continue for an additional period as specified by the EA to assist in the recovery and clean-up as necessary from a state or local emergency.
(c) The emergency transfer/processing operation shall cease operation should the EA determine that any of the following occurs:
(1) the emergency transfer/processing operation is not being used exclusively to handle the state or local emergency;
(2) the emergency transfer/processing operation is no longer necessary in accordance with section 17210.2 of this Division;
(3) the use of the emergency transfer/processing operation will cause or contribute to a public health and safety or environmental problem;
(4) the operator is not utilizing disaster debris diversion programs to the extent feasible.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17403.6. Medium Volume Transfer/Processing Facilities.
Note     •     History

All medium volume transfer/processing facilities subject to this Article shall comply with the Registration Permit requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18104). These facilities shall be inspected monthly by the EA in accordance with PRC section 43218.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17403.7. Large Volume Transfer/Processing Facilities.
Note     •     History

All large volume transfer/processing facilities subject to Articles 6.0 through 6.35 shall obtain a Full Solid Waste Facilities Permit, in accordance with the procedures set forth in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3, and 3.1 of the California Code of Regulations (commencing with section 21570). The Transfer/Processing Report required by section 18221.6 shall constitute the Report of Facility Information required by section 21570(f)(2) of Title 27. These facilities shall be inspected monthly by the EA in accordance with PRC section 43218.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17403.8. Facility Plan.
Note     •     History

Each operator of a Medium Volume Transfer/Processing Facility, as defined in section 17402(a)(11), or a Direct Transfer Facility, as defined in section 17402(a)(3), shall file with the EA a “Facility Plan” or “Plan” (as specified in section 18221.5). The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in Title 14, Division 7, Chapter 5.0, Article 3.0, section 18101.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17403.9. Transfer/Processing Report.
Note     •     History

(a) Each operator of a Large Volume Transfer/Processing facility, as defined in section 17402(a)(8), shall file with the EA a “Transfer/Processing Report” or “Report” (as specified in section 18221.6). The Transfer/Processing Report will be used in place of the Report of Station Information (RSI) after March 5, 1999. Any operator of an existing facility who submits an application package to the EA, pursuant to Title 27, section 21570, which proposes to change the facility's operations, or to change the solid waste facility permit shall do one of the following:
(1) submit the updated information as an amendment to the existing RSI or in the form of the Transfer/Processing Report; or
(2) submit a complete Transfer/Processing Report as described in section 18221.6. 
(b) After March 5, 1999, any operator of a new facility that submits an application package to the EA pursuant to Title 27, section 21570, shall submit a complete Transfer/Processing Report pursuant to section 18221.6.
(c) These requirements do not apply to those facilities which have filed an RSI and an application for a solid waste facility permit prior to March 5, 1999. In the event the EA determines the application package for the RSI first submitted prior to March 5, 1999, to be incomplete, additional information requested shall be submitted as part of the RSI and/or application for a solid waste facility permit, as appropriate.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17405.0. Applicability of State Minimum Standards.
Note     •     History

(a) Articles 6.0, 6.1, 6.2, and 6.3 of this Chapter set forth the minimum standards that apply to all transfer/processing operations and facilities, direct transfer facilities, sealed container operations, limited volume transfer operations, and emergency transfer/operations, except as noted in Section 17400(a).
(b) Article 6.35 of this Chapter sets forth additional minimum standards that will apply only to transfer/processing facilities.
(c) Approvals, determinations and other requirements that the EA is authorized to make in Articles 6.0, 6.2, 6.3, and 6.35 shall be provided in writing by the EA to the operator. The operator shall place a copy of these approvals in addition to those records identified in sections 17414 and 17414.1 in the operating record.
(d) Some of the standards contained in Articles 6.0, 6.1, 6.2, 6.3, and 6.35 of this Chapter allow the EA to approve an alternative method of compliance with the standard. These provisions are not intended to allow the EA to change the particular standard, but are intended to allow the EA flexibility to approve, in advance, an alternative method of meeting the existing standard. For facilities that require a full solid waste facility permit, the EA may choose to include the approved method as a term and condition of the solid waste facility permit, rather than in the manner authorized by subdivision (c) of this section. If the method is included in the solid waste facility permit, a change to the method may require a revision to the solid waste facility permit in accordance with the procedures set forth in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3, and 3.1 (commencing with section 21570).
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
Article 6.1. Siting and Design
§17406.1. Siting on Landfills.
Note     •     History

(a) Operations and facilities or portions thereof, located atop fully or partially closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 27, California Code of Regulations, section 21190.
(b) Operations and facilities or portions thereof, located on intermediate cover on a solid waste landfill shall locate operations areas on foundation substrate that is stabilized, either by natural or mechanical compaction, to minimize differential settlement, ponding, soil liquefaction, or failure of pads or structural foundations.
(c) Operations and facilities or portions thereof, located on intermediate cover on a solid waste landfill shall be operated in a manner not to interfere with the operations of the landfill or with the closure or postclosure maintenance of the landfill.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New article 6.1 (sections 17406.1-17406.2) and section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17406.2. General Design Requirements.
Note     •     History

(a) The design of a new operation or facility shall utilize expert advice, as appropriate, from persons competent in engineering, architecture, landscape design, traffic engineering, air quality control, and design of structures.
(b) The design shall be based on appropriate data regarding the expected service area, anticipated nature and quantity of wastes to be received, climatological factors, physical settings, adjacent land use (existing and planned), types and number of vehicles anticipated to enter the operation or facility, adequate off-street parking facilities for transfer vehicles, drainage control, the hours of operation and other pertinent information. If the operation or facility is to be used by the general public, the design shall take account of safety features that may be needed to accommodate such public use.
(c) The operation or facility shall be designed in such a manner as to restrict the unloading area to as small an area as practicable, provide adequate control of windblown material, minimize the propagation or attraction of flies, rodents or other vectors and the creation of nuisances by reason of solid wastes being handled at the operation. Other factors which shall be taken into consideration are: dust control, noise control, public safety, and other pertinent matters related to the protection of public health at the operation or facility.
(d) In reviewing the design of a proposed operation or facility, the EA may require the applicant to describe how he or she has complied with applicable local and state requirements regarding odor control measures, personnel health and safety, and sanitary facilities.
(e) Solid waste storage containers shall be durable, easily cleanable, designed for safe handling, and constructed to prevent loss of wastes from the container during storage. If such a container is used to store garbage, other wet or liquid producing wastes, or wastes composed of fine particles, such container shall in all cases be nonabsorbent and leak-resistant. Unloading areas shall be easily cleanable, designed for safe handling and constructed to prevent loss of wastes.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
Article 6.2. Operating Standards
§17407.1. Burning Wastes and Open Burning.
Note     •     History

(a) If burning wastes are received at an operation or facility, they shall be separated from other wastes and deposited in a safe area, spread, and extinguished. A safe area is defined as being away from unloading, transfer, or processing areas, structures on adjacent properties and other fire hazard areas.
(b) Open burning of solid waste, except for the infrequent burning of agricultural wastes, silvicultural wastes, landclearing debris, diseased trees, or debris from emergency clean-up operations, or any other wastes as approved by local regulatory agencies, approved by the EA, local air district, and local fire department, is prohibited at all operations and facilities.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New article 6.2 (sections 17407.1-17410.4) and section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section heading, section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17407.2. Cleaning.
Note     •     History

(a) Operations, facilities, and their equipment, boxes, bins, pits and other types of containers shall be cleaned using the following schedule, or at a lesser frequency, approved by the EA, in order to prevent the propagation or attraction of flies, rodents, or other vectors:
(1) all operations and facilities shall be cleaned each operating day of all loose materials and litter;
(2) all operations or facilities that operate 24 hours per day must clean the operations or facilities at least once every 24 hours.
(b) The entrance and exit shall be cleaned at a frequency which prevents the tracking or off-site migration of waste materials.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17407.3. Drainage Control.
Note     •     History

(a) Drainage at all operations and facilities shall be controlled to: 
(1) minimize the creation of contact water;
(2) prevent to the greatest extent possible given existing weather conditions, the uncontrolled off-site migration of contact water;
(3) protect the integrity of roads and structures;
(4) protect the public health; and 
(5) prevent safety hazards and interference with operations.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17407.4. Dust Control.
Note     •     History

(a) The operator shall take adequate measures to minimize the creation, emission, or accumulation of excessive dust and particulates, and prevent other safety hazards to the public caused by obscured visibility. The operator shall minimize the unnecessary handling of wastes during processing to prevent the creation of excessive dust. Measures to control dust include, but are not limited to: reduced processing, periodic sweeping and cleaning, misting systems or ventilation control. One or more of the following may be an indication that dust is excessive:
(1) safety hazards due to obscured visibility; or
(2) irritation of the eyes; or
(3) hampered breathing;
(4) migration of dust off-site.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17407.5. Hazardous, Liquid, and Special  Wastes.
Note     •     History

(a) An operation or facility shall not intentionally accept or store hazardous wastes, including batteries, oil, paint, and special wastes, unless it has been approved to handle the particular waste by the appropriate regulatory agencies. Such approvals shall be placed in the operating record.
(b) At operations and facilities where unauthorized hazardous wastes are discovered, control measures as are necessary to protect public health, safety and the environment, such as elimination or control of dusts, fumes, mists, vapors or gases shall be taken prior to isolation or removal from the operation or facility, 
(c) Liquid wastes and sludges shall not be accepted or stored at an operation or facility unless the operator has written approval to accept such wastes from the appropriate agencies and the EA. The EA shall authorize acceptance of these wastes only if the operation, facility, and the transfer vehicles are properly equipped to handle such wastes in a manner to protect public health, safety, and the environment.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section heading, repealer and new section and amendment of Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17407.6. Liquid Wastes.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17408.1. Litter Control.
Note     •     History

Litter at operations and facilities shall be controlled, and routinely collected to prevent safety hazards, nuisances or similar problems and off-site migration to the greatest extent possible given existing weather conditions. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17408.2. Medical Wastes.
Note     •     History

Medical waste, unless treated and deemed to be solid waste, which is regulated pursuant to the Medical Waste Management Act (commencing with Section 117600 of the Health and Safety Code), shall not be accepted at an operation or facility, unless approved by the appropriate regulatory agency.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17408.3. Noise Control.
Note     •     History

Noise shall be controlled to prevent health hazards and to prevent nuisance to nearby residents. Measures to control noise include but are not limited to: posting of warning signs that recommend or require hearing protection; separation by barriers that limit access to authorized personnel only; or, enclosures to reduce noise transmission. Compliance with specific provisions regarding noise control in a local land use approval, such as a conditional use permit or CEQA mitigation measures, shall be considered compliance with this standard.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17408.4. Non-Salvageable Items.
Note     •     History

Drugs, cosmetics, foods, beverages, hazardous wastes, poisons, medical wastes, syringes, needles, pesticides and other materials capable of causing public health or safety problems shall not be salvaged at operations or facilities unless approved by the local health agency and the EA.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17408.5. Nuisance Control.
Note     •     History

Each operation and facility shall be conducted and maintained to prevent the creation of a nuisance. Compliance with specific provisions regarding nuisance control in a local land use approval, such as a conditional use permit or CEQA mitigation measures, shall be considered compliance with  this standard.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17408.6. Maintenance Program.
Note     •     History

All aspects of the operation or facility shall be maintained in a state of good repair. The operator shall implement a preventative maintenance program to monitor and promptly repair or correct deteriorated or defective conditions.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section heading, section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17408.7. Personnel Health and Safety.
Note     •     History

The Injury, Illness, and Prevention Program (IIPP) shall be available for review by local and state inspectors during normal business hours. Nothing in this section is intended to make the EA responsible for enforcing the IIPP.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Repealer and new section and amendment of Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17408.8. Protection of Users.
Note     •     History

An operation or facility shall be designed, constructed, operated, and maintained so that contact between the public and solid wastes is minimized. This may be accomplished through the use of railings, curbs, grates, fences, and/or spotters.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17409.1. Roads.
Note     •     History

All on-site roads and driveways shall be designed and maintained to minimize the generation of dust and tracking of soil onto adjacent public roads. Such roads shall be kept in safe condition and maintained to allow vehicles utilizing the operation or facility to have reasonable all-weather access to the site.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17409.2. Sanitary Facilities.
Note     •     History

The operator shall maintain all sanitary and hand-washing facilities which may be required, by applicable state or local requirements, in a reasonably clean and adequately supplied condition.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Repealer and new section and amendment of Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17409.3. Scavenging and Salvaging.
Note     •     History

Each operation or facility shall meet the following requirements:
(a) scavenging shall be prohibited;
(b) salvaging of materials, such as metal, paper, glass and cardboard is permitted as an integral part of the operation, subject to conditions established by the EA, the local land use authority, or other approving agencies.
(c) salvaging activities shall be conducted in a planned and controlled manner and not interfere with other aspects of site operation. Activities shall be conducted so as not to interfere with expeditious entry and exit of vehicles delivering waste to the transfer or processing operation or facility. Salvaging activities conducted at a transfer/processing operation or facility shall be confined to specified, clearly identified areas of the operation or facility, and controlled to prevent health, safety or nuisance problems;
(d) storage of materials salvaged from solid wastes shall be ancillary to the activities of the operation or facility unless such storage is planned as an integral part of the operation. Materials salvaged on-site shall be stored away from other activity areas in specified, clearly identifiable areas as noted in the Facility Plan or Transfer/Processing Report. They shall be arranged to minimize risk of fire, health and safety hazard, vector harborage, or other hazard or nuisance, and limited to a specified volume and/or duration as described in the Enforcement Agency Notification, Facility Plan, or Transfer/Processing Report.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17409.4. Signs.
Note     •     History

(a) For operations or facilities not open to the public, each point of access from a public road shall be posted with an easily visible sign indicating the operation or facility name and location of nearest public operation or facility.
(b) If the operation or facility is open to the public, there shall be an easily visible sign at all public entrances indicating the name of the operator, the operator's telephone number, schedule of charges, hours of operation, and a listing of the general types of materials which either (1) WILL be accepted, or (2) WILL NOT be accepted.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17409.5. Loadchecking.
Note     •     History

(a) The operator of an attended operation or facility shall implement a loadchecking program to prevent the acceptance of waste which is prohibited by this Article. This program must include at a minimum:
(1) the number of random loadchecks to be performed;
(2) a location for the storage of prohibited wastes removed during the loadchecking process that is separately secured or isolated;
(3) records of loadchecks and the training of personnel in the recognition, proper handling, and disposition of prohibited waste. A copy of the loadchecking program and copies of the loadchecking records for the last year shall be maintained in the operating record and be available for review by the appropriate regulatory agencies.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17409.6. Parking.
Note     •     History

Adequate off-street parking area(s) shall be provided, if necessary, for transfer vehicles. Compliance with specific provisions regarding adequacy of off-street parking in a local land use approval, such as a conditional use permit or CEQA mitigation measures, shall be considered compliance with this standard.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17410.1. Solid Waste Removal.
Note     •     History

(a) All solid wastes shall be removed at the following frequencies or at an alternate frequency approved by the EA, in order to prevent the propagation or attraction of flies, rodents or other vectors:
(1) operations shall remove solid wastes accepted at the site within 7 days from the date of receipt;
(2) facilities shall remove solid waste accepted at the site within 48 hours from the time of receipt.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17410.2. Supervision and Personnel.
Note     •     History

The operator shall provide adequate supervision and a sufficient number of qualified personnel to ensure proper operation of the site in compliance with all applicable laws, regulations, permit conditions and other requirements. The operator shall notify the EA in writing of the name, address and telephone number of the operator or other person responsible for the operation. A copy of the written notification shall be placed in the operating record.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section heading, section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17410.3. Training.
Note     •     History

Personnel assigned to the operation or facility shall be adequately trained in subjects pertinent to site solid waste operations and maintenance, hazardous materials recognition and screening, use of mechanized equipment, environmental controls, emergency procedures and the requirements of this Article. A record of such training history shall be maintained and made available for inspection.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17410.4. Vector, Bird and Animal Control.
Note     •     History

The operator shall take adequate steps to control or prevent the propagation, harborage and attraction of flies, rodents, or other vectors, and animals, and to minimize bird attraction.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section heading, section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
STATION APPROVAL
§17411. Written Approval Required.
History

HISTORY

1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17412. Compliance with Conditions.
History

HISTORY

1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17413. Conformance with Plan.
History

HISTORY

1. Repealer filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
Article 6.3. Record Keeping Requirements
§17414. Record Keeping Requirements.
Note     •     History

Each operator shall meet the following requirements:
(a) each operator shall maintain records of incoming weights or volumes and outgoing salvage or residual weights or volumes in a form and manner approved by the EA. Such records shall be: submitted to the EA or CIWMB upon request; be adequate for overall planning and control purposes; and, be as current and accurate as practicable;
(b) all records required by this Article shall be kept by the operator in one location and accessible for three (3) years and shall be available for inspection by the EA and other duly authorized regulatory agencies during normal working hours. 
(c) the operator shall submit copies of specified records to the EA upon request or at a frequency approved by the EA;
(d) the operator shall maintain a daily log book or file of special occurrences encountered during operations and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures. Special occurrences shall include but are not limited to: fires, injury and property damage, accidents, explosions, receipt or rejection of prohibited wastes, lack of sufficient number of personnel pursuant to section 17410.2, flooding, earthquake damage and other unusual occurrences. In addition, the operator shall notify the EA by telephone within 24 hours of all incidents requiring the implementation of emergency procedures, unless the EA determines that a less immediate form of notification will be sufficient to protect public health and safety and the environment;
(e) the operator shall record any written public complaints received by the operator, including:
(1) the nature of the complaint,
(2) the date the complaint was received,
(3) if available, the name, address, and telephone number of the person or persons making the complaint, and
(4) any actions taken to respond to the complaint;
(f) the operator shall maintain a copy of the written notification to the EA and local health agency of the name, address and telephone number of the operator or other person(s) responsible for the operations as required by section 17410.2;
(g) The operator shall maintain records of employee training as required by section 17410.3;
(h) all transfer/processing operations and facilities shall maintain records as required by section 18809 et seq.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New article 6.3 (section 17414) and section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section heading, section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17414.1. Documentation of Enforcement Agency Approvals, Determinations, and Requirements.
Note     •     History

Approvals, determinations, and other requirements the EA is authorized to make under this Subchapter shall be provided in writing to the operator and placed in the operating record by the operator.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
Article 6.35. Additional Operating Requirements for Facilities Only.
§17415.1. Communications Equipment.
Note     •     History

Each facility shall have adequate communication equipment available to site personnel to allow quick response to emergencies.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New article 6.35 (sections 17415.1-17419.2) and section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17415.2. Fire Fighting Equipment.
Note     •     History

Each Facility shall have fire suppression equipment continuously available, properly maintained and located as required by the local fire authority.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17416.1. Housekeeping.
Note     •     History

The operator shall provide adequate housekeeping for the maintenance of facility equipment and shall minimize accumulations of fuel drums, inoperable equipment, parts, tires, scrap, and similar items.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17416.2. Lighting.
Note     •     History

The facility and/or equipment shall be equipped with adequate lighting, either through natural or artificial means, to ensure the ability to monitor incoming loads, effectiveness of operations, and public health, safety and the environment.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17416.3. Equipment.
Note     •     History

Equipment shall be adequate in type, capacity and number, and sufficiently maintained to allow the facility to meet all requirements of Articles 6.3 and 6.35 of these standards.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17418.1. Site Security.
Note     •     History

The facility shall be designed to discourage unauthorized access by persons and vehicles through the use of either a perimeter barrier or topographic constraints.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17418.2. Site Attendant.
Note     •     History

A facility open to the public shall have an attendant present during public operating hours or the facility shall be inspected by the operator on a regularly scheduled basis as approved by the EA to ensure that it meets all of the requirements of Articles 6.2, 6.3 and 6.35.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17418.3. Traffic Control.
Note     •     History

(a) Traffic flow through the facility shall be controlled to prevent the following:
(1) interference with or creation of a safety hazard on adjacent public streets or roads,
(2) on-site safety hazards, and
(3) interference with operations.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17419.1. Visual Screening.
Note     •     History

The facility shall have appropriate treatment of areas open to public view to create and maintain an aesthetically acceptable appearance as approved by the local land use authority, or if none exist, in consultation with the EA. Compliance with specific provisions regarding visual screening in a local land use approval, such as a conditional use permit, or CEQA mitigation measures shall be considered compliance with this standard.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17419.2. Water Supply.
Note     •     History

A safe and adequate water supply for drinking and emergency use (i.e.: first aid) shall be available.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
Article 6.4. Transfer/Processing Station Standards
§17420. Applicability of Standards.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Renumbering of old article 6 heading to new article 6.4 (section 17420) and new section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Repealer of article 6.4 and section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
STANDARDS FOR SMALL VOLUME TRANSFER STATIONS
§17421. Exclusions.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17422. Design.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17423. Plan of Operation.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17424. Records.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17425. Small Volume Transfer Station Operation.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17426. Cleaning and Waste Removal Frequency.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17441. Report of Station Information.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43040 and 43021, Public Resources Code.
HISTORY

1. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
2. Change without regulatory effect filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17442. Station Modifications.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17451. Design Responsibility.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17452. General Design Parameters.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17453. Public Health Design Parameters.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17461. Weight Volume Records.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17462. Special Occurrences.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17463. Inspection of Records.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17471. Availability.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17472. Training.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17473. Supervision.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17474. Attendant.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17481. Identification Signs.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17482. Entry Signs.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17483. Station Security.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17484. Roads.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17485. Visual Screening.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17486. Station Construction.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17491. Sanitary Facilities.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17492. Water Supply.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17493. Communications Facilities.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17494. Lighting.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17495. Fire Fighting Equipment.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17496. Protection of Users.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17497. Personnel Health and Safety.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17511. Confined Unloading.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17512. Cleaning.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17513. Solid Waste Removal.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17514. Parking.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17515. Scavenging.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17516. Salvaging Permitted at Transfer Stations.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17517. Volume Reduction.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17518. Processing Area.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17519. Processing Operations.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17520. Storage of Salvage.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17521. Removal.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17522. Non-Salvageable Items.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17531. Nuisance Control.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17532. Dust Control.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17533. Vector and Bird Control.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17534. Drainage Control.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17535. Litter Control.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17536. Noise Control.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17537. Odor Control.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17538. Traffic Control.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17546. General.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17547. Standby Equipment.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17548. Transfer Vehicles.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17549. Inspection of Equipment.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17550. Housekeeping.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17556. General.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17557. Station Maintenance Program.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17561. Burning Wastes.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17562. Hazardous Wastes.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17563. Infectious Wastes.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§17564. Liquid Wastes.
History

HISTORY

1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
Article 7.1. Disposal Site Standards--General
§17601. Applicability of Standards.
Note     •     History

NOTE

Authority cited: Section 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Sections 40000-40002, 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.1.
HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Amendment of section and Note filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section and Note  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed  4-19-94 (Register 94, No. 16).
6. Repealer of article 7.1 (sections 17601-17617) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). Regulations pertaining to general disposal site standards have been relocated to title 27, division 2.
§17602. Site Owner and Site Operator.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17603. Change of Ownership.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 44005, Public Resources Code.
HISTORY

1. Change without regulatory effect filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17606. Recording.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 44100, Public Resources Code.
HISTORY

1. Change without regulatory effect renumbering and amending former section 17735 to section 17606 filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17607. Periodic Site Review.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Change without regulatory effect renumbering former section 17751 to section 17607 filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17608. Conformance with Plan.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17616. Report of Disposal Site Information.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
2. Change without regulatory effect filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17617. Site Modifications.
History

HISTORY

1. Repealer filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
Article 7.2. Disposal Site Siting and Design
§17626. Design Responsibility.
History

HISTORY

1. Repealer of article 7.2 (sections 17626-17629) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). Regulations pertaining to disposal site siting and design have been relocated to title 27, division 2.
§17627. Ultimate Use of Site.
History

HISTORY

1. Change without regulatory effect renumbering Section 17627 to Section 17796 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
§17628. General Design Parameters.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17629. Public Health Design Parameters.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 7.3. Disposal Site Records
§17636. Weight/Volume Records.
History

HISTORY

1. Repealer of article 7.3 (sections 17636-17649) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). Regulations pertaining to disposal site records have been relocated to title 27, division 2.
§17637. Subsurface Records.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17638. Special Occurrences.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17639. Inspection of Records.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17646. Availability.
History

HISTORY

1. Change without regulatory effect renumbering Section 17646 to Section 17671 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
§17647. Training.
History

HISTORY

1. Change without regulatory effect renumbering Section 17647 to Section 17672 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
§17648. Supervision.
History

HISTORY

1. Change without regulatory effect renumbering Section 17648 to Section 17673 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
§17649. Site Attendant.
History

HISTORY

1. Change without regulatory effect renumbering Section 17649 to Section 17674 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
Article 7.4. Disposal Site Improvements
§17656. Identification Signs.
History

HISTORY

1. Repealer of article 7.4 (sections 17656-17660) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). Regulations pertaining to disposal site improvements have been relocated to title 27, division 2.
§17657. Entry Signs.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17658. Site Security.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17659. Access Roads.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17660. Internal Roads.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 7.5. Disposal Site Operations
§17666. Sanitary Facilities.
History

HISTORY

1. Repealer of article 7.5 (sections 17666-17696) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). Regulations pertaining to disposal site operations have been relocated to title 27, division 2.
§17667. Water Supply.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17668. Communications Facilities.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17669. Lighting.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17670. Personnel Health and Safety.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17671. Availability.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Change without regulatory effect renumbering former section 17646 to section 17671 filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17672. Training.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Change without regulatory effect renumbering former section 17647 to section 17672 filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17673. Supervision.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Change without regulatory effect renumbering former section 17648 to section 17673 filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17674. Site Attendant.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Change without regulatory effect renumbering former section 7649 to section 17674 filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17676. Confined Unloading.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17677. Spreading and Compacting.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17678. Slopes and Cuts.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17679. Final Site Face.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Change without regulatory effect renumbering Section 17679 to Section 17777 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17680. Stockpiling.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17681. Availability of Cover Material.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17682. Cover.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17683. Performance Standards.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 12-2-80; effective thirtieth day thereafter (Register 80, No. 49). For history of former section, see Register 78, No. 30.
2. Change without regulatory effect amending subsection (e) filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35).
3. Editorial correction of subsection (e)(2) printing error in formula (Register 90, No. 41).
4. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17684. Intermediate Cover.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17685. Final Cover.
History

HISTORY

1. Change without regulatory effect renumbering Section 17685 to Section 17773 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 80, No. 49.
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17686. Scavenging.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17687. Salvaging Permitted.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17688. Volume Reduction and Energy Recovery.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17689. Processing Area.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17690. Storage of Salvage.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17691. Removal.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17692. Non-Salvageable Items.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17693. General.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Change without regulatory effect renumbering former section 17726 to section 17693 filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17694. Standby Equipment.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Change without regulatory effect renumbering former section 17727 to section 17694 filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17695. General.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Change without regulatory effect renumbering former section 17731 to section 17695 filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17696. Operating Site Maintenance.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Change without regulatory effect renumbering former section 17732 to section 17696 filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 7.6. Disposal Site Controls
§17701. Nuisance Control.
History

HISTORY

1. Repealer of article 7.6 (sections 17701-17751) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). Regulations pertaining to disposal site controls have been relocated to title 27, division 2.
§17702. Animal Feeding.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17703. Fire Control.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17704. Leachate Control.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17705. Gas Control.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Change without regulatory effect filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17706. Dust Control.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17707. Vector and Bird Control.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17708. Drainage and Erosion Control.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17709. Contact with Water.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17710. Grading of Fill Surfaces.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17711. Litter Control.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17712. Noise Control.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17713. Odor Control.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17714. Traffic Control.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17715. Ponded Liquid.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17726. General.
History

HISTORY

1. Change without regulatory effect renumbering Section 17726 to Section 17693 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17727. Standby Equipment.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Change without regulatory effect renumbering Section 17727 to Section 17694 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17731. General.
History

HISTORY

1. Change without regulatory effect renumbering Section 17731 to Section 17695 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17732. Operating Site Maintenance.
History

HISTORY

1. Change without regulatory effect renumbering Section 17732 to Section 17696 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17733. Inspection upon Completion.
History

HISTORY

1. Change without regulatory effect renumbering Section 17733 to Section 17768 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17734. Completed Site Maintenance.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Change without regulatory effect renumbering Section 17734 to Section 17788 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17735. Recording.
History

HISTORY

1. Change without regulatory effect renumbering Section 17735 to Section 17606 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17741. Burning Wastes.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17742. Hazardous Wastes.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17743. Liquid Wastes.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17744. Dead Animals.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17751. Periodic Site Review.
History

HISTORY

1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Change without regulatory effect renumbering Section 17751 to Section 17607 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 7.8. Disposal Site Standards Closure and Postclosure
§17760. Scope and Applicability.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code, and Section 66796.22(d), Government Code.
HISTORY

1. Certificate of Compliance as to 3-22-90 order renumbering and amending section 17760 to section 17761 and adding new section 17760 transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34). For prior history, see Register 90, No. 17.
2. Repealer of article 7.8 (sections 17760-17796) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). Regulations pertaining to disposal site standards closure and postclosure have been relocated to title 27, division 2.
§17761. Definitions.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsections (a)(1), (a)(7), (a)(22), (a)(25), (a)(26), (a)(29), (a)(31), (a)(42), (a)(43), and (a)(44) and new subsection (a)(3) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17763. Time Frames for Closure.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Sections 66796.22(d) and 66796.22(g), Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL, within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsection (a) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17764. Partial Closure.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Sections 66796.22(d) and 66796.22(g), Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17765. Closure of Treatment Units.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Sections 66796.22(d) and 66796.22(g) Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operative of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including new subsection (b) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17766. Emergency Response Plan.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Section 44100, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17767. Security at Closed Sites.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Section 44100, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsections (a) and (b) transmitted to OAL and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17768. Inspection Upon Completion.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. Change without regulatory effect renumbering former section 17733 to section 17768 filed 8-17-89 pursuant to section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Amendment filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
3. Amendment refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
4. Amendment refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17771. Structure Removal.
Note     •     History

NOTE

Authority cited: Sections 40504 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources; and Section 66796.22(d), Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17772. Decommissioning of Environmental Control Systems.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17773. Final Cover.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. Change without regulatory effect renumbering former section 17685 to section 17773 filed 8-17-89 pursuant to section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. New subsections (a) and (c)-(e), and amendment of subsection (b) filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
3. New subsections (a) and (c)-(e), and amendment of subsection (b) refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
4. New subsections (a) and (c)-(e), and amendment of subsection (b) refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsection (b) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
§17774. Construction Quality Assurance.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsections (e) and (i) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17776. Final Grading.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. Change without regulatory effect adding section 17776 filed 8-17-89 pursuant to section 100, Title 1, California Code of Regulations (Register 89, No. 35).
2. New subsections (a)-(f) filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
3. New subsections (a) - (f) refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
4. New subsections (a)-(f) refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsection (f) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17777. Final Site Face.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 43021 and 44100, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. Change without regulatory effect renumbering former section 17679 to section 17777 filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35).
2. Amendment of subsections (a) and (b) and new subsection (c) filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
3. Amendment of subsections (a) and (b) and new subsection (c) refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
4. Amendment of subsections (a) and (b), and new subsection (c) refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsections (c)(1) and (c)(7)(A) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Editorial correction of printing error in HISTORY 3. and 4. (Register 91, No. 30).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17778. Final Drainage.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code, and Section 66796.22(d), Government Code.
HISTORY

1. Change without regulatory effect adding section 17778 filed 8-17-89 pursuant to section 100, Title 1, California Code of Regulations (Register 89, No. 35).
2. New subsections (a)-(j) filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
3. New subsections (a)-(j) refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsections (f)(2), (g)(5), and (j) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17779. Slope Protection and Erosion Control.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. New section filed 8-18-89 as emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance, ,must be transmitted to OAL, within 120 days or emergency language will be repealed by, operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsection (c) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17781. Leachate Control During Closure and Postclosure.
Note     •     History

NOTE

Authority cited: Sections 45020 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22.(d), Government Code; and Sections 43020, 43021 and 44100, Public Resources Code.
HISTORY

1. Change without regulatory, effect adding section 17781 filed 8-17-89 pursuant to section 100, Title 1, California Code of Regulations (Register 89, No. 35).
2. New subsections (a)-(e) filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency, language will be repealed by operation of law on 12-18-89.
3. New subsection (a)-(e) refiled 12-8-89 as an emergency; operative 12-18-89 (register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
4. New subsections (a)-(e) refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsections (b), (c), and (e) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17782. Ground Water Monitoring During Closure and Postclosure.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 43021 and 44100, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No.35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsection (d) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17783. Gas Monitoring and Control During Closure and Postclosure.
Note     •     History

NOTE

Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. Change without regulatory effect adding section 17783 filed 8-17-89 pursuant to section 100, Title 1, California Code of Regulations (Register 89, No. 35).
2. New subsections (a)-(d) filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
3. New subsections (a)-(d) refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law, on 4-17-90.
4. New subsections (a)-(d) refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17783.3. Monitoring.
Note     •     History

NOTE

Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-12-90. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 8-24-90) or emergency language will be repealed by operation of law on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order including deletion of subsection (a)(3) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No.34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17783.5. Perimeter Monitoring Network.
Note     •     History

NOTE

Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-12-90. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 8-24-90) or emergency language will be repealed by operation of law on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order including deletion of subsection (a)(3) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No.34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17783.7. Structure Monitoring.
Note     •     History

NOTE

Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency,; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120days or emergency language will be repealed by operation of law 4-17-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-12-90. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 8-24-90) or emergency language will be repealed by operation of law on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No.34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17783.9. Monitored Parameters.
Note     •     History

NOTE

Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law oil 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-12-90. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 8-24-90) or emergency language will be repealed by operation of law on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No.34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17783.11. Monitoring Frequency.
Note     •     History

NOTE

Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No.35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-12-90. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 8-24-90) or emergency language will be repealed by operation of law on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No.34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17783.13. Reporting
Note     •     History

NOTE

Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-12-90. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 8-24-90) or emergency language will be repealed by operation of law on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17783.15. Control.
Note     •     History

NOTE

Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL, within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-18-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance ,must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-12-90. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90, No.17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 8-24-90) or emergency language will be repealed by operation of law on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No.34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17783.17. Exemptions.
Note     •     History

NOTE

Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. New section filed 8-18-89 its as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL, within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-12-90. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 8-24-90) or emergency language will be repealed by operation of law on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17787. Recording.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 44100, Public Resources; and Section 66796.22(d), Government Code.
HISTORY

1. Change without regulatory effect adding section 17787 filed 8-17-89 pursuant to section 100, Title 1, California Code of Regulations (Register 89, No. 35)
2. Amendment of subsection (a) filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
3. Amendment of subsection (a) refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No.51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
4. Amendment of subsection (a) refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17788. Postclosure Maintenance.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. Change without regulatory effect renumbering former section 17734 to section 17788 filed 8-17-89 pursuant to section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. New subsections (a) and (b) filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
3. New subsections (a) and (b) refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
4. New subsections (a) and (b) refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17789. Review of Postclosure Maintenance Activities.
Note     •     History

NOTE

Authority cited: Sections 66796.22(d), Government Code. Reference: Sections 43021 and 44100, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. New sections filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17792. Change of Ownership During Closure or Postclosure Maintenance.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 43021 and 44005, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. Change without regulatory effect adding section 17792 filed 8-17-89 pursuant to section 100, Title 1, California Code of Regulations (Register 89, No. 35).
2. Amendment filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repeated by operation of law on 12-18-89.
3. Amendment refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
4. Amendment refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsections (a) and (b) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17793. Notification During Postclosure Maintenance.
Note     •     History

NOTE

Authority cited: Sections 66790(f) and 66796.22(d), Government Code. Reference: Section 66771, Government Code.
HISTORY

1. New section filed 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
2. Repealed by operation of Government Code section 11346.1 (g) (Register 90, No. 34).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17796. Postclosure Land Use.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 43021 and 44105, Public Resources Code; and Section 66796.22(d), Government Code.
HISTORY

1. Change without regulatory effect renumbering former section 17627 to section 17796 filed 8-17-89 pursuant to section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Amendment of subsection (b) and new subsections (c)-(f) filed 8-18-89 as all emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency. language will be repealed by operation of law on 12-18-89.
3. Amendment of subsection (b) and new subsections (c)-(f) refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
4. Amendment of subsection (b) and new subsections (c)-(f) refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsections (a), (b), (c), (d) and (f) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Repealer of section and Appendix I filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 8. Agricultural Solid Waste Management Standards
GENERAL
§17801. Intent of Standards.
Note     •     History

These standards are generally intended to describe levels of performance expected rather than stating detailed requirements; wherever possible, persons responsible for management of manures and agricultural wastes shall be permitted flexibility of approach in meeting the objectives set by the standards. Where the phrase “as approved by the Enforcement Agency” is used, it is contemplated that, in most instances, the operator will propose a method, physical improvement, management modification or other appropriate means to comply with a standard to enable approval by the Enforcement Agency (as opposed to the Enforcement Agency specifying the exact means of compliance). These standards are intended only to eliminate excessive vectors or other adverse public health/well-being effects associated with any agricultural operation.
It is the intent of these standards to promote conditions under which agricultural operations and residential or public use of properties can coexist.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; Section 4520, Health and Safety Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New article 8 (sections 17801-17824, not consecutive) filed 7-2-75; effective thirtieth day thereafter (Register 75, No. 27).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§17802. Applicability of Standards.
History

HISTORY

1. Change without regulatory effect repealing section filed 11-15-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 46).
§17803. Compliance with Laws and Regulations.

Nothing in these standards shall be construed as relieving an owner, operator, or designer from the obligation of obtaining all required permits, licenses, or other clearances, and complying with all orders, laws, regulations or other requirements of other approval, regulatory or enforcement agencies, such as, but not limited to, local health entities, water and air quality boards, local land use authorities, fire authorities, etc.
§17804. Conformance with Plan.
History

HISTORY

1. Change without regulatory effect repealing section filed 11-15-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 46).
§17805. Appeals.
History

The Board and the Department will provide for review and appeals regarding these standards. Thus any enforcement action by the local Enforcement Agency, including the determination that agricultural operations are resulting in excessive vectors, odor, dust, or feathers, may be investigated and confirmed or denied by the Department.
HISTORY

1. Amendment filed 11-15-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 46).
DEFINITIONS (H) THESE DEFINITIONS SUPPLEMENT THE DEFINITIONS IN ARTICLE 4
§17810.1. Manure.

(H) Manure shall mean the accumulated moist animal excrement that does not undergo decomposition or drying as would occur on open grazing land or natural habitat. This definition shall include feces and urine which may be mixed with bedding material, spilled feed or soil.
§17810.2. Confined Animals.

(H) Confined animals shall include, but not be limited to, all cattle, horses, sheep, swine, rabbits, poultry, dogs, cats, fur-bearing animals, and other animals that are held, confined or fed supplementally in enclosures where the excrement accumulates as manure. The numbers of animals per unit of enclosed area shall be a part of this definition when excessive vectors, odor, dust or feathers are produced as determined by the Enforcement Agency or the Department taking into consideration varying regional environmental conditions.
§17810.3. Enforcement Agency Inspection.

(H) An Enforcement Agency inspection shall mean a site inspection by an agent of the Enforcement Agency or the Department trained in the knowledge of the biology of and prevention of vectors, odor, dust or feathers associated with agricultural solid wastes, so as to protect the public health and well-being.
§17810.4. Excessive Vectors.

(H) Excessive vectors shall refer to the presence of domestic flies, mosquitoes, cockroaches, rodents, and/or any other vectors associated with agricultural wastes which: 
(a) Occur as immature stages and adults in numbers considerably in excess of those found in the surrounding environment; and
(b) are associated with design, layout and management of agricultural operations; and
(c) disseminate widely from the property; and
(d) cause detrimental effects on the public health or well-being of the majority of the surrounding population as determined by the Enforcement Agency or the Department.
§17810.5. Excessive Odor, Dust and Feathers.

(H) Excessive odor, dust and feathers shall refer to the presence of these materials which: 
(a) Are associated with design, layout and management of agricultural operations; and
(b) disseminate widely from the property; and
(c) cause detrimental effects on the public health or well-being of the majority of the surrounding population as determined by the Enforcement Agency or the Department. 
STORAGE HANDLING AND DISPOSAL
§17820. Agricultural Solid Wastes As a Public Health/Well-Being Hazard.

(H) Any person who sustains, stores, manages or receives agricultural by-products or other waste materials generated as a result of the operation of any agricultural property or produce processing plant shall do so in such a manner as to prevent the spread of disease, the occurrence of excessive vectors, odor, dust, or feathers or other such adverse conditions related to the public health and well-being. In addition: 
(a) The presence of excessive vectors on the property shall be prima facie evidence that an adverse public health/well-being hazard exists.
(b) The determination of the presence of excessive vectors shall be made by an Enforcement Agency or the Department.
(c) The determination of the presence of excessive vectors shall take into account the proximity of the agricultural operation to neighboring human habitation and use areas, the population density of the entire area and the severity of the public health/well-being hazard posed by said vectors.
§17821. Inspection of Agricultural Operations

(H) The Enforcement Agency shall have inspection capability to enforce these standards and to conduct appropriate numbers of site inspections of agricultural operations located within its jurisdiction. Need, if any, and frequency and timing of inspection should be based on public demand, the nature and size of the operation, the season, the vector potential of the operation and its proximity to residential properties. During inspection of agricultural operations the inspector shall observe all reasonable precautionary security, sanitation or other measures specified by the agricultural operator.
§17822. Correction of Adverse Public Health/Well-Being Conditions.

(H) When the Enforcement Agency or the Department determines that design and layout of agricultural operations or management of agricultural wastes result in the occurrence of excessive vectors or any other adverse public health/well-being related conditions, the owner or operator of the property shall be informed in writing of a violation of these standards and shall be required to institute appropriate measures promptly to correct the condition in a manner approved by the Enforcement Agency or the Department.
§17823. Agricultural Wastes Management Practices.

(H) Agricultural operations shall be managed in a manner which will not cause excessive vectors or other adverse public health/well-being conditions.
The Enforcement Agency shall provide state-developed guidelines which will assist agricultural operators or others concerned in design, layout, and management plans that minimize excessive vectors or other adverse public health/well-being conditions.
Organic wastes are potential resources, and agricultural operations should adopt comprehensive waste handling practices which will lead to resource recovery.
§17823.1. Animal Manure.

(H) The manure management practices being performed by the agricultural operation shall be conducted so as to prevent the creation of excessive vectors or other adverse public health/well-being conditions, otherwise manure shall be removed at intervals frequent enough to prevent the occurrence of such conditions. Manure removed from confined animal areas shall be managed so as to prevent the creation of adverse public health/well-being conditions.
§17823.2. Vegetable or Fruit Crop Field Residues.

(H) Vegetable or fruit crop field residues which can be a source of excessive vectors or other conditions that adversely affect the public health/well-being shall be incorporated into the soil when conditions of soil moisture permit, completely consumed by livestock, removed from the field prior to the development of such conditions or managed by other appropriate measures to suppress the adverse effect.
After removal from the field, crop residue wastes shall be stored, processed or disposed of so as to prevent the creation of conditions adverse to the public health/well-being.
§17823.3. Vegetable or Fruit Crop Processing Wastes.

(H) Where decomposable wastes from vegetable or fruit crop processing operations can become a source of excessive vectors or other conditions that adversely affect the public health/well-being, approved management practices to prevent such conditions shall be initiated.
§17823.4. Dust, Hair and Feathers.

(H) Dust, hair and feathers associated with confined agricultural operations shall be managed so as to avoid conditions that adversely affect the public health/well-being as determined by the Enforcement Agency. Accumulations of hair and feathers shall be periodically disposed of in a manner approved by the Enforcement Agency or the Department.
§17823.5. Dead Animals.

(H) The carcasses of animals with any contagious disease shall be disposed of by means prescribed by the California Department of Food and Agriculture, Division of Animal Industry.
Animal carcasses from confined animal operations shall be collected, stored, and removed from the property to an approved processing facility or disposal site prior to the creation of adverse public health/well-being conditions, or processed or disposed of on the property in a manner approved by the Enforcement Agency.
Animal carcasses from animals on pasture or rangeland shall be managed so as to prevent the creation of excessive vectors or other adverse public health/well-being conditions.
§17824. Management of Agriculture Waste Ponds, Lagoons, Ditches and Pipelines.

(H) Ponds, lagoons, ditches and pipelines used for the transfer, holding, treatment and stabilization of manure or vegetable or fruit crop wastes shall be managed so as to prevent the creation or harborage of excessive vectors or other conditions that adversely affect the public health/well-being. Accumulations of floating solids, scum and thick aquatic vegetation, and the growth of weeds and emergent aquatic vegetation at the water's edge shall be continuously maintained at a minimal level to assist in the prevention of such adverse conditions.
Disposal or utilization of the contents of such facilities shall not create excessive vectors or other adverse public health/well-being conditions.
Article 9. Litter Receptacle Standards
§17830. Purpose.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 24389, Health and Safety Code. Reference: Chapter 1, Title 7.8, Government Code, Sections 43020 and 43021, Public Resources Code and Chapter 3.5, Division 29, Health and Safety Code.
HISTORY

1. New article 9 (sections 17830-17840) filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer of article 9 and section filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§17831. Limitations.
History

HISTORY

1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§17832. Responsibility.
History

HISTORY

1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§17833. Placement of Receptacles.
History

HISTORY

1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§17834. Receptacle Design.
History

HISTORY

1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§17835. Receptacle Maintenance.
History

HISTORY

1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§17836. Special Design and Maintenance Limitations.
History

HISTORY

1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§17837. Receptacle Marking.
History

HISTORY

1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§17838. Prohibited Acts.
History

HISTORY

1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§17839. Penalties.
History

HISTORY

1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§17840. Compliance.
History

HISTORY

1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
Chapter 3.1. Compostable Materials Handling Operations and Facilities Regulatory Requirements
Article 1. General
§17850. Authority and Scope.
Note     •     History

(a) This Chapter is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.
(b) This Chapter implements those provisions of the Act relating to composting. Nothing in this Chapter is intended to limit the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer.
(c) Biological decomposition of organic material can be both a naturally occurring or artificially controlled process. This Chapter establishes standards and regulatory requirements for intentional and inadvertent composting resulting from the handling of compostable materials, including but not limited to feedstock, compost, or chipped and ground materials as defined in section 17852.
(d) Nothing in these standards shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or reports, or other requirements of other regulatory or EA, including but not limited to, local health entities, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.
(e) Nothing in these standards precludes the EA or the board from inspecting an activity, operation or facility to determine if it is subject to these standards. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Amendment of chapter 3.1 and article 1 headings and new section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of subsection (c) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (c) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-7-97 order, including further amendment of subsection (c), transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
5. Amendment of chapter heading, amendment of subsections (c) and (d) and new subsection (e) filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
6. Change without regulatory effect amending subsection (a) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§17851. Scope.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
HISTORY

1. New chapter 3.1, article 1 and section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17852. Definitions.
Note     •     History

(a) For the purposes of this Chapter:
(1) “Active Compost” means compost feedstock that is in the process of being rapidly decomposed and is unstable. Active compost is generating temperatures of at least 50 degrees Celsius (122 degrees Fahrenheit) during decomposition; or is releasing carbon dioxide at a rate of at least 15 milligrams per gram of compost per day, or the equivalent of oxygen uptake. 
(2) “Additives” means material mixed with feedstock or active compost in order to adjust the moisture level, carbon to nitrogen ratio, or porosity to create a favorable condition. Additives include, but are not limited to, fertilizers and urea. Additives do not include septage, biosolids, or compost feedstock.
(3) “Aerated Static Pile” means a composting process that uses an air distribution system to either blow or draw air through the pile. Little or no pile agitation or turning is performed.
(4) “Aerobic Decomposition” means the biological decomposition of organic substances in the presence of oxygen.
(5) “Agricultural Material” means material of plant or animal origin, which result from the production and processing of farm, ranch, agricultural, horticultural, aquacultural, silvicultural, floricultural, vermicultural, or viticultural products, including manures, orchard and vineyard prunings, and crop residues. 
(6) “Agricultural Material Composting Operation” means an operation that produces compost from green or agricultural material additives, and/or amendments. 
(7) “Amendments” means materials added to stabilized or cured compost to provide attributes for certain compost products, such as product bulk, product nutrient value, product pH, and soils blend. Amendments do not include septage, biosolids, or compost feedstock. 
(8) “Anaerobic Decomposition” means the biological decomposition of organic substances in the absence of oxygen.
(9) “Biosolids” means solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Biosolids includes, but is not limited to, treated domestic septage and scum or solids removed in primary, secondary, or advanced wastewater treatment processes. Biosolids does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during the preliminary treatment of domestic sewage in a treatment works. 
(10) “Chipping and Grinding Operations and Facilities” means an operation or facility, that does not produce compost, that mechanically reduces the size or otherwise engages in the handling, of compostable material and: 
(A) The site does the following: 
1. The site handles only material, excluding manure, allowed at a green material composting operation or facility as set forth in section 17852(a)(22); and, 
2. Each load of green material is removed from the site within 48 hours of receipt. The EA may allow a site to keep green material on-site for up to 7 days if the EA determines that the additional time does not increase the potential for violations of this Chapter. 
(B) If the site fails to meet the definition of green material because it exceeds the contamination limits in section 17852(a)(21), the site shall be regulated as set forth in the Transfer/Processing Regulatory requirements (commencing at section 17400). 
(C) If the site fails to meet the definition of this section because the green material remains on-site for a longer period of time than is allowed, then the site shall be regulated as a compostable material handling operation or facility, as set forth in this Chapter. 
(11) “Compostable Material” means any organic material that when accumulated will become active compost as defined in section 17852(a)(1). 
(12) “Compostable Materials Handling Operation” or “Facility” means an operation or facility that processes, transfers, or stores compostable material. Handling of compostable materials results in controlled biological decomposition. Handling includes composting, screening, chipping and grinding, and storage activities related to the production of compost, compost feedstocks, and chipped and ground materials. “Compostable Materials Handling Operation or Facility” does not include activities excluded from regulation in section 17855. “Compostable Materials Handling Operation or Facility” also includes: 
(A) agricultural material composting operations; 
(B) green material composting operations and facilities; 
(C) research composting operations; and, 
(D) chipping and grinding operations and facilities. 
(13) “Curing” means the final stage of the composting process that occurs after compost has undergone pathogen reduction, as described in section 17868.3, and after most of the readily metabolized material has been decomposed and stabilized.
(14) “Domestic Sewage” means waste and wastewater from humans or household operations that is discharged to or otherwise enters a treatment works.
(15) “Disposal” means: 
(A) stockpiling of compostable material onto land for a combined period of time greater than six months, or agricultural and green material for twelve months on prime agricultural land as defined in Government Code section 51201, unless the RWQCB in consultation with the EA makes a written finding that the material may remain within the operations area for a period of time greater than specified. 
(B) disposal does not include the use of compostable material for alternative daily cover material at a solid waste landfill. Notwithstanding this section, use of compostable organic material as a alternative daily cover material shall still require approval for use pursuant to Title 27, California Code of Regulations, section 20680 and may require additional approvals from other governmental agencies, including, but not limited to RWQCB and Air Districts. 
(C) disposal does not include land application of compostable organic material. “Land Application” means the application of compostable material, excluding food material or mixed solid waste for the following applications: to forest, agricultural, and range land at agronomic rates; in accordance with California Department of Food and Agriculture (CDFA) requirements for beneficial use as authorized by Food and Agricultural Code section 14501 et seq.; or for beneficial uses that may be otherwise exempt or excluded from regulation by CDFA. 
(D) Should the EA have information that a compostable material handler is engaging in other activities that meet the definition of disposal, the burden of proof shall be on the land owner or operator to demonstrate otherwise. 
(E) If the activities at a site meet the definition of disposal, the site shall be regulated as set forth in the Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste (commencing at Title 27, California Code of Regulations, section 20005). 
(16) “Dry Weight Basis” means weight calculated on the basis of having been dried until reaching a constant mass, that results in essentially 100 percent solids content.
(17) “Enclosed Composting Process” means a composting process where the area that is used for the processing, composting, stabilizing, and curing of organic materials, is covered on all exposed sides and rests on a stable surface with environmental controls for moisture and air-borne emissions present.
(18) “EA” means enforcement agency. 
(19) “Feedstock” means any compostable organic material used in the production of compost or chipped and ground material including, but not limited to, agricultural material, green material, food material, biosolids, and mixed solid waste. Feedstocks shall not be considered as either additives or amendments.
(20) “Food Material” means any material that was acquired for animal or human consumption, is separated from the municipal solid waste stream, and that does not meet the definition of “agricultural material.” Food material may include material from food facilities as defined in Health and Safety Code section 113785, grocery stores, institutional cafeterias (such as, prisons, schools and hospitals) or residential food scrap collection. 
(21) “Green Material” means any plant material that is separated at the point of generation contains no greater than 1.0 percent of physical contaminants by weight, and meets the requirements of section 17868.5. Green material includes, but is not limited to, yard trimmings, untreated wood wastes, natural fiber products, and construction and demolition wood waste. Green material does not include food material, biosolids, mixed solid waste, material processed from commingled collection, wood containing lead-based paint or wood preservative, mixed construction or mixed demolition debris.
(22) “Green Material Composting Operation” or “Facility” is an operation or facility that composts green material, additives, and/or amendments. A green material composting operation or facility may also handle manure and paper products. An operation or facility that handles a feedstock that is not green material, manure, or paper products, shall not be considered a green material composting operation or facility. “Green Material Composting Operation” or “Facility” does not include activities excluded from regulation in section 17855. 
(23) “Handling” means the processing, transfer, and storage of compostable materials. Handling of compostable materials results in controlled biological decomposition. Handling includes composting, screening, chipping and grinding, and storage activities related to the production of compost, compost feedstocks, and chipped and ground materials. 
(24) “Insulating Material” means material used for the purpose of minimizing the loss of heat from a compost pile undergoing the “Process to Further Reduce Pathogens” (PFRP), as described in section 17868.3. Insulating material includes, but is not limited to, soil and stabilized compost.
(25) “Manure” is an agricultural material and means accumulated herbivore or avian excrement. This definition shall include feces and urine, and any bedding material, spilled feed, or soil that is mixed with feces or urine. 
(26) “Mixed Solid Waste” means any material that is part of the municipal solid waste stream, and is mixed with or contains non-organics, processed industrial materials, or plastics. A feedstock that is not source separated or contains 1.0% or more of physical contaminants by weight is mixed solid waste. Compostable material that contains mixed demolition or mixed construction debris shall be considered mixed solid waste.
(27) “Mushroom Farm” means an activity that produces mushrooms. The handling of compostable material at a mushroom farm prior to and after use as a growth medium is subject to regulation pursuant to this chapter and is not considered mushroom farming. 
(28) “Operations Area” means the following areas within the boundary of a compostable material handling operation or facility:
(A) equipment cleaning, maintenance, and storage areas;
(B) feedstock, active, curing and stabilized compost processing or stockpiling areas; and
(C) process water and stormwater drainage control systems.
(29) “Operator” means the owner, or other person who through a lease, franchise agreement or other arrangement with the owner, becomes legally responsible for the following:
(A) complying with regulatory requirements set forth in this Chapter;
(B) complying with all applicable federal, state and local requirements;
(C) the design, construction, and physical operation of the site; and
(D) site restoration.
(30) “Owner” means the person or persons who own, in whole or in part, a compostable material handling operation or facility, or the land on which these operations or facilities are located.
(31) “Pathogenic Organism” means disease-causing organisms.
(32) “Physical Contamination” or “Contaminants” means human-made inert products contained within feedstocks, including, but not limited to, glass, metal, and plastic. 
(33) “Process Water” means liquid that is generated during or used in the production of compost or chipped and ground materials.
(34) “Research Composting Operation” means a composting operation, that is operated for the purpose of gathering research information on composting.
(35) “Separated At The Point of Generation” includes material separated from the solid waste stream by the generator of that material. It may also include material from a centralized facility as long as that material was kept separate from the waste stream prior to receipt by that facility and the material was not commingled with other materials during handling. 
(36) “Stabilized Compost” means any organic material that has undergone the Process to Further Reduce Pathogens (PFRP), as described in section 17868.3, and has reached a stage of reduced biological activity as indicated by reduced temperature and rate of respiration below that of active compost.
(37) “Static Pile” means a composting process that is similar to the aerated static pile except that the air source may or may not be controlled.
(38) “Vector” includes any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease.
(39) “Vermicomposting” means an activity that produces worm castings through worm activity. The EA may determine whether an activity is or is not vermicomposting. The handling of compostable material prior to and after use as a growth medium is subject to regulation pursuant to this chapter and is not considered vermicomposting.
(40) “Windrow Composting Process” means the process in which compostable material is placed in elongated piles. The piles or “windrows” are aerated and/or mechanically turned on a periodic basis.
(41) “Within-vessel Composting Process” means a process in which compostable material is enclosed in a drum, silo, bin, tunnel, reactor, or other container for the purpose of producing compost, maintained under uniform conditions of temperature and moisture where air-borne emissions are controlled.
(42) “Wood Waste” means solid waste consisting of wood pieces or particles which are generated from the manufacturing or production of wood products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. 
(43) “Yard Trimmings” means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of subsections (k), (l) and (t), new subsection (x2), and amendment of subsections (aa)(2) and (ll) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (k), (l) and (t), new subsection (x2), and amendment of subsections (aa)(2) and (ll) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-7-97 order, including repealer of subsection (x2) and further amendment of subsection (aa)(2), transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
5. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
6. Change without regulatory effect amending subsections (a)(5), (a)(11)-(13), (a)(15)-(16), (a)(21)-(22), (a)(24), (a)(36) and (a)(41) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§17853. Definitions.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40116, 43020 and 43200, et seq., Public Resources Code.
HISTORY

1. Repealer filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17853.0. Approval of Alternatives.
Note     •     History

(a) Approvals, determinations and other requirements that the EA is authorized to make in this Chapter shall be provided in writing by the EA to the operator. The operator shall place a copy of these approvals, in addition to those records identified in sections 17869, in the operating record. 
(b) Some of the provisions of this Chapter allow the EA to approve a reduced inspection frequency. The EA shall only approve a reduced inspection frequency if the EA finds that it is as protective of the public health and safety and the environment as the standard inspection frequency. 
(c) Some of the standards contained in this Chapter allow the EA to approve an alternative method of compliance with the standard. These provisions are not intended to allow the EA to change the particular standard, but are intended to allow the EA flexibility to approve, in advance, an alternative method of meeting the existing standard. For facilities that require a full solid waste facilities permit, the EA may choose to include the approved method as a term and condition of the solid waste facilities permit, rather than in the manner authorized by subdivision (a) of this section. If the method is included in the Compostable Materials Handling Facility Permit, a change to the method may require a revision to the solid waste facilities permit in accordance with the procedures set forth in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3, and 3.1 (commencing with section 21570). 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
Article 2. Regulatory Tiers for Composting Operations and Facilities
§17854. Compostable Materials Handling Facility Permit Requirements.
Note     •     History

Except as specified in this Article, all compostable materials handling activities shall obtain a Compostable Materials Handling Facility Permit pursuant to the requirements of Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1,2,3, and 3.1 (commencing with section 21450) prior to commencing operations. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
§17855. Excluded Activities.
Note     •     History

(a) The activities listed in this section do not constitute compostable material handling operations or facilities for the purposes of this Chapter and are not required to meet the requirements set forth herein. Nothing in this section precludes the EA or the board from inspecting an excluded activity to verify that the activity is being conducted in a manner that qualifies as an excluded activity or from taking any appropriate enforcement action.
(1) An activity is excluded if it handles agricultural material, derived from an agricultural site, and returns a similar amount of the material produced to that same agricultural site, or an agricultural site owned or leased by the owner, parent, or subsidiary of the composting activity. No more than an incidental amount of up to 1,000 cubic yards of compost product may be given away or sold annually.
(2) Vermicomposting is an excluded activity. The handling of compostable material prior to and after use as a growth medium is not an excluded activity and is subject to the requirements of this chapter. Handling of agricultural material on the site of a vermicomposting activity, for use as a growth medium on that same site, is an excluded activity if it complies with section 17855(a)(1). 
(3) Mushroom farming is an excluded activity. The handling of compostable material prior to and after use as a growth medium is not an excluded activity and is subject to the requirements of this chapter. Handling of agricultural material on the site of a mushroom farm, for use as mushroom bedding on that same site, is an excluded activity if it complies with section 17855(a)(1). 
(4) Handling of green material, feedstock, additives, amendments, compost, or chipped and ground material is an excluded activity if 500 cubic yards or less is on-site at any one time, the compostable materials are generated on-site and if no more than 1,000 cubic yards of materials are either sold or given away annually. The compostable material may also include up to 10% food material by volume. 
(5) The handling of compostable materials is an excluded activity if: 
(A) the activity is located at a facility (i.e., landfill or transfer/processing facility) that has a tiered or full permit as defined in section 18101, 
1. has a Report of Facility Information which is completed and submitted to the EA that identifies and describes the activity and meets the requirements of Titles 14 or 27; and, 
2. will only use the material on the facility site, or 
(B) the activity is solely for the temporary storage of biosolids sludge at a Publicly Operated Treatment Works (POTW), or 
(C) the activity is located at the site of biomass conversion and is for use in biomass conversion as defined in Public Resources Code section 40106; or 
(D) the activity is part of a silvicultural operation or a wood, paper, or wood product manufacturing operation; or 
(E) the activity is part of an agricultural operation and is used to temporarily store or process agricultural material not used in the production of compost or mulch; or 
(F) the activity is part of an operation used to chip and grind materials derived from and applied to lands owned or leased by the owner, parent, or subsidiary of the operation; or 
(G) the activity is part of an agricultural operation used to chip and grind agricultural material produced on lands owned or leased by the owner, parent, or subsidiary of the agricultural operation, for use in biomass conversion; or 
(H) the activity is part of an animal food manufacturing or rendering operation. 
(I) the activity is the storage of yard trimmings at a publicly designated site for the collection of lot clearing necessary for fire protection provided that the public agency designating the site has notified the fire protection agency; or 
(J) the materials are handled in such a way to preclude their reaching temperatures at or above 122 degrees Fahrenheit as determined by the EA. 
(6) Non-commercial composting with less than one cubic yard of food material is excluded provided that all compostable material is generated and used on-site. 
(7) Storage of bagged products from compostable material is an excluded activity provided that such bags are no greater than 5 cubic yards.
(8) Within-vessel composting process activities with less than 50 cubic yard capacity are excluded. 
(9) Beneficial use of compostable materials is an excluded activity. Beneficial use includes, but is not limited to, slope stabilization, weed suppression, alternative daily cover, and similar uses, as determined by the EA; land application in accordance with California Department of Food and Agriculture requirements for a beneficial use as authorized by Food and Agricultural Code section 14501 et seq.; and reclamation projects in accordance with the requirements of the Office of Mine Reclamation of the Department of Conservation as authorized by Public Resources Code section 2770 et seq.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer, relocation and new section and amendment of article 2 heading filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
3. Amendment of subsections (a)(3) and (a)(5) and new subsections (a)(6) and (a)(7) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a)(3) and (a)(5) and new subsections (a)(6) and (a)(7) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-7-97 order, including further amendment of subsections (a)(3) and (a)(5)-(7), transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
6. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
7. Change without regulatory effect amending subsections (a), (a)(5)(A), (a)(5)(A)2., (a)(5)(B) and (a)(7) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§17855.2. Prohibitions.
Note     •     History

(a) The composting of unprocessed mammalian tissue, including but not limited to, flesh, organs, hide, blood, bone and marrow is prohibited, except when from the food service industry, grocery stores, or residential food scrap collection, or as part of a research composting operation for the purpose of obtaining data on pathogen reduction or other public health, animal health, safety, or environmental concern, in accordance with section 17862.
(b) The composting of medical waste is prohibited. 
(c) The composting of hazardous waste is prohibited. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
2. Amendment of subsection (a) filed 6-18-2007 as an emergency; operative 6-18-2007 (Register 2007, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-17-2007 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a) refiled 12-17-2007 as an emergency; operative 12-17-2007 (Register 2007, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-17-2007 order, including further amendment of subsection (a), transmitted to OAL 3-13-2008 and filed 4-25-2008 (Register 2008, No. 17).
§17855.3. Permit Name.
Note     •     History

Any permit issued pursuant to this Article, except for one issued pursuant to section 17862.1(b), shall be entitled: “Compostable Materials Handling Facility Permit.” 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
§17855.4. Pre-Existing Permits and Notifications.
Note     •     History

(a) If a facility had previously obtained a Registration or Standardized Permit in accordance with the regulations in effect prior to April 4, 2003, that facility may continue to operate in accordance with its permit until the EA conducts a permit review pursuant to Title 14, California Code of Regulations, sections 18104.7 and 18105.9 and determines that a Compostable Materials Handling Facility Permit is required. If the EA makes such a determination, the operator shall comply with the Compostable Materials Handling Facility Permit requirements set forth in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450) within two years of that determination. 
(b) If an operation had previously been operating pursuant to an EA Notification in accordance with the regulations in effect prior to April 4, 2003, that operation may continue to operate in accordance with its EA Notification or regulatory authorization until the EA determines that a Compostable Materials Handling Facility Permit is required. The EA shall make this determination no sooner than 120 days and no later than two years from April 4, 2003. If the EA determines that a Compostable Materials Handling Facility Permit is required, the operator shall comply with the Compostable Materials Handling Facility Permit requirements set forth in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450) within two years of that determination. 
(c) If an activity had previously been excluded from the regulations in effect prior to April 4, 2003, that activity may continue to operate in accordance with its regulatory exclusion until the EA determines that a Compostable Materials Handling Facility Permit is required. The EA shall make this determination no sooner than 120 days and no later than two years from April 4, 2003. If EA determines that a Compostable Materials Handling Facility Permit is required, the operator shall comply with the Compostable Materials Handling Facility Permit requirements set forth in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450) within two years of that determination. 
(d) Notwithstanding other provisions of this section, a Chipping and Grinding activity that is currently operating in accordance with the regulations in effect prior to April 4, 2003, may continue to operate in accordance with its regulatory authorization until the EA determines that a different authorization is required. The EA shall make this determination within 120 days from April 4, 2003. 
(1) If the EA determines that the activity is required to comply with the EA Notification requirements, the operator shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100), within 120 days from that determination. 
(2) If the EA determines that the activity is required to comply with the Registration requirements, the operator shall comply with the Registration requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100) within 120 days from that determination. 
(3) If the EA determines that the activity is required to comply with the Compostable Materials Handling Facility Permit requirements, the operator shall comply with the Compostable Materials Handling Facility Permit requirements set forth in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450) within two years from that determination. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
2. Change without regulatory effect amending subsections (a), (c) and (d)-(d)(3) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§17856. Agricultural Material Composting Operations.
Note     •     History

(a) All agricultural material composting operations and chipping and grinding operations shall comply with the Enforcement Agency Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100), except as otherwise provided by this Chapter. Agricultural Compostable Materials Handling Operations shall only be subject to the requirements of section 17863.4 if the EA makes a written determination that the operation has violated the requirements for odor impacts of section 17867. 
(b) Compost produced by an agricultural material composting operation or a chipping and grinding operation which uses only agricultural material may be sold or given away in unrestricted quantities. These operations shall be inspected by the EA at least once annually.
(c) Compost produced by an agricultural material composting operation which uses agricultural material and/or green material, as specified in section 17852(a)(21), may be sold or given-away in accordance with the following restrictions. 
(1) Those sites that do not sell or give-away more than 1,000 cubic yards of material per year shall be inspected by the EA at least once annually when actively composting. If more than 12,500 cubic yards of green material, including feedstock, compost, or chipped and ground material, is to be handled on-site of productive farmland as defined in Government Code section 51201, the operator shall give advance notice to the EA. The EA shall only prohibit the on-site storage of additional materials, or impose a greater inspection frequency, if the EA makes a written finding that it will pose an additional risk to public health and safety and the environment. The EA shall forward a copy of the request and approval to the Board. 
(2) Those operations that sell or give-away more than 1,000 cubic yards of material per year, shall have no more than 12,500 cubic yards of green material, including feedstock, compost, or chipped and ground material, on-site at any one time and shall be inspected by the EA once every three (3) months. 
(3) These sites shall record the quantity received of green material. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New article 2 and section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer and new section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
3. Amendment of subsection (c) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (c) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-7-97 order transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
6. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
7. Change without regulatory effect amending subsections (a), (c) and (c)(1) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§17857. Green Material Composting Operations and Facilities.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer and new section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
3. Amendment of subsection (c) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (c) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-7-97 order transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
6. Repealer filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
§17857.1. Green Material Composting Operations and Facilities.
Note     •     History

(a) A green material composting operation that has up to 12,500 cubic yards of feedstock, compost, or chipped and ground material on-site at any one time shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100). 
(b) A green material composting operation that has up to 12,500 cubic yards of feedstock, compost, or chipped and ground material on-site at any one time shall be inspected by the EA at least once every three (3) months, unless an operator request for a reduced inspection frequency of no less than annually is approved by the EA. The EA shall only approve a lesser inspection frequency, if the EA finds that it will not pose an additional risk to public health and safety and the environment. The EA shall forward a copy of the request and approval to the Board. 
(c) A green material composting facility that has more than 12,500 cubic yards of feedstock, compost, or chipped and ground material on-site at any one time shall obtain a Compostable Materials Handling Facility Permit pursuant to the requirements of Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1,2,3, and 3.1 (commencing with section 21450) prior to commencing operations. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
2. Change without regulatory effect amending subsection (a) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§17858. Animal Material Composting Facilities.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of subsection (b) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (b) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-7-97 order transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
5. Repealer filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
§17859. Sewage Sludge Composting Facilities.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. Title 40, Chapter I, Subchapter O, Part 503, of the Code of Federal Regulations.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer and new section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
3. Amendment of subsection (b) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (b) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-7-97 order transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
6. Repealer filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
§17859.1. Biosolids Composting at POTWs.
Note     •     History

(a) Except as provided in section 17855(a)(5)(B), the composting of biosolids on-site at a Publicly Operated Treatment Works (POTW) shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100). 
(b) All other composting of biosolids shall comply with section 17854. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code; and Title 40, Chapter I, Subchapter O, Part 503, Code of Federal Regulations. 
HISTORY

1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
2. Change without regulatory effect amending subsection (a) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§17860. Mixed Solid Waste Composting Facilities.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Change without regulatory effect amending section filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
3. Repealer filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
§17861. Application Process for Green Compost Permit.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40057, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17862. Research Composting Operations.
Note     •     History

(a) An operator conducting research composting operations shall not have more than 5,000 cubic yards of feedstock, additives, amendments, chipped and ground material, and compost on-site at any one time, and shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100), except as otherwise provided by this Chapter.
(b) An operator conducting research composting operations utilizing within-vessel processing, may exceed 5,000 cubic-yards of feedstock, additives, amendments, chipped and ground material and compost, if the EA determines that such increased volume will not pose additional risk to the public health, safety and the environment. 
(c) In addition to the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0, section 18103.1(a)(3), the operator shall provide a description of the research to be performed, research objectives, methodology/protocol to be employed, data to be gathered, analysis to be performed, how the requirements of this subchapter will be met, and the projected timeframe for completion of the research operation.
(d) The EA Notification for a research composting operation shall be reviewed after each each two year period of operation. Review criteria shall include the results and conclusions drawn from the research. 
(e) Research composting operations that will be using unprocessed mammalian tissue as a feedstock for the purpose of obtaining data on pathogen reduction or other public health, animal health, safety, or environmental protection concern, shall satisfy the following additional requirements:
(1) Unprocessed mammalian tissue used as feedstock shall be generated from on-site agricultural operations, and all products derived from unprocessed mammalian tissue shall be beneficially used on-site.
(2) The operator shall prepare, implement and maintain a site-specific, research composting operation site security plan. The research composting site security plan shall include a description of the methods and facilities to be employed for the purpose of limiting site access and preventing the movement of unauthorized material on to or off of the site.
(3) The EA Notification for the research composting operation using unprocessed mammalian tissue as feedstock and documentation of additional requirements of this section shall be reviewed after each six month period of operation.
(f) The operator shall submit all additional documentation required by subsections (c) and (e)(2) to the EA with the Notification and prior to the composting of any feedstock. The EA shall determine that the EA Notification for research composting operations is complete and correct only if the additional documentation requirements of this section have been met.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
3. Change without regulatory effect amending subsections (a) and (c) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
4. New subsections (e)-(f) filed 6-18-2007 as an emergency; operative 6-18-2007 (Register 2007, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-17-2007 or emergency language will be repealed by operation of law on the following day.
5. New subsections (e)-(f) refiled 12-17-2007 as an emergency; operative 12-17-2007 (Register 2007, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-17-2007 order, including further amendment of subsection (e), transmitted to OAL 3-13-2008 and filed 4-25-2008 (Register 2008, No. 17).
§17862.1. Chipping and Grinding Operations and Facilities.
Note     •     History

(a) A chipping and grinding operation that receives up to 200 tons per day of material that may be handled by a green material composting operation shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100), except as otherwise provided by this Chapter. 
(b) A chipping and grinding facility that receives more than 200 tons per day, and up to 500 tons per day of material that may be handled by a green material composting operation shall obtain a Registration Permit pursuant to the requirements of Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0, prior to commencing operations. 
(c) A chipping and grinding facility that receives more than 500 tons per day of material that may be handled by a green material composting operation shall obtain a Compostable Materials Handling Facility Permit pursuant to the requirements of Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1,2,3, and 3.1 (commencing with section 21450) prior to commencing operations. 
(d) A chipping and grinding operation or facility shall not be subject to the provisions of sections 17868.1 through 17868.3 of this Chapter. 
(e) If a chipping and grinding operation or facility exceeds the contamination limits in section 17852 (a)(21), it shall be regulated as set forth in the Transfer/Processing Regulatory requirements (commencing at section 17400). 
(f) If a chipping and grinding operation or facility stores material for a longer period of time than is allowed by section 17852 (a)(10)(A)(2), then the site shall be regulated as a green material handling operation or facility, as set forth in this Chapter.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
2. New section  refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-7-97 order, including amendment of subsections (b)(2)-(4) and new subsections (b)(5)-(c), transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
4. Amendment of section heading and section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
5. Change without regulatory effect amending subsections (a) and (b) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§17862.2. Storage.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-7-97 order, including amendment of subsections (a) and (b)(2)-(4), new subsection (b)(6), amendment of subsection (c) and new subsection (d), transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
4. Repealer filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
Article 3. Report of Facility Information
§17863. Report of Composting Site Information.
Note     •     History

Each operator of a compostable material handling facility that is required to obtain a Compostable Materials Handling Facility Permit, as specified in Article 2 of this Chapter, shall, at the time of application, file a Report of Composting Site Information with the EA. If the operator intends to alter the permitted feedstock, these changes must be reported to the EA for maintenance of permit status. Such changes may become the basis for revisions to the permit or for revocation of the permit.
(m) A description of the proposed site restoration activities, in accordance with Section 17870.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New article 3 and section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of subsection (f) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (f) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-7-97 order transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
5. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
§17863.4. Odor Impact Minimization Plan.
Note     •     History

(a) All compostable material handling operations and facilities shall prepare, implement and maintain a site-specific odor impact minimization plan. A complete plan shall be submitted to the EA with the EA Notification or permit application. 
(b) Odor impact minimization plans shall provide guidance to on-site operation personnel by describing, at a minimum, the following items. If the operator will not be implementing any of these procedures, the plan shall explain why it is not necessary. 
(1) an odor monitoring protocol which describes the proximity of possible odor receptors and a method for assessing odor impacts at the locations of the possible odor receptors; and, 
(2) a description of meteorological conditions effecting migration of odors and/or transport of odor-causing material off-site. Seasonal variations that effect wind velocity and direction shall also be described; and, 
(3) a complaint response protocol; and, 
(4) a description of design considerations and/or projected ranges of optimal operation to be employed in minimizing odor, including method and degree of aeration, moisture content of materials, feedstock characteristics, airborne emission production, process water distribution, pad and site drainage and permeability, equipment reliability, personnel training, weather event impacts, utility service interruptions, and site specific concerns; and, 
(5) a description of operating procedures for minimizing odor, including aeration, moisture management, feedstock quality, drainage controls, pad maintenance, wastewater pond controls, storage practices (e.g., storage time and pile geometry), contingency plans (i.e., equipment, water, power, and personnel), biofiltration, and tarping. 
(c) The odor impact minimization plan shall be revised to reflect any changes, and a copy shall be provided to the EA, within 30 days of those changes. 
(d) The odor impact minimization plans shall be reviewed annually by the operator to determine if any revisions are necessary. 
(e) The odor impact minimization plan shall be used by the EA to determine whether or not the operation or facility is following the procedures established by the operator. If the EA determines that the odor impact minimization plan is not being followed, the EA may issue a Notice and Order (pursuant to section 18304) to require the operator to either comply with the odor impact minimization plan or to revise it. 
(f) If the odor impact minimization plan is being followed, but odor impacts are still occurring, the EA may issue a Notice and Order (pursuant to section 18304) requiring the operator to take additional reasonable and feasible measures to minimize odors. 
NOTE

Authority cited: Sections 40502, 43020, 43021 and 43209.1, Public Resources Code. Reference: Sections 43020, 43021 and 43209.1,
HISTORY

1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
2. Change without regulatory effect amending subsection (e) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
Article 4. Standardized Composting Permit Terms and Conditions
§17864. General Terms and Conditions.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New article 4, section and Appendix I filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Change without regulatory effect amending section and moving form to section 18831, appendix A filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
3. Change without regulatory effect amending section filed 2-6-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 6).
4. Repealer of article 4 (section 17864) and repealer of section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
Article 5. Composting Operation and Facility Siting and Design Standards
§17865. Siting on Landfills.
Note     •     History

(a) Compostable materials handling operations and facilities located atop closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 3, Subchapter 5, Article 2, section 21190.
(b) Compostable materials handling operations and facilities sited on intermediate cover on a solid waste landfill shall locate operations areas on foundation substrate that is stabilized, either by natural or mechanical compaction, to minimize differential settlement, ponding, soil liquefaction, or failure of pads or structural foundations.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New article 5 and section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
3. Change without regulatory effect amending subsection (a) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§17866. General Design Requirements.
Note     •     History

(a) Compostable materials handling operations and facilities shall be designed and constructed in such a manner as to enable the operations and facilities to comply with the operational requirements set forth in Article 6 of this Chapter.
(b) The design of a compostable materials handling facility shall utilize advice, as appropriate, from persons competent in engineering architecture, landscape design, traffic engineering, air quality control, and design of structures.
(1) The engineering design of a compostable materials handling facility shall be in accordance with the principles and disciplines in the State of California generally accepted for design of this type of facility. The design of a composting facility requiring a Compostable Materials Handling Facility Permit shall accompany the Report of Composting Site Information, pursuant to section 17863 of this Chapter.
(2) The engineering design shall be based on appropriate data regarding the service area, anticipated nature and quantity of material to be received, climatological factors, physical settings, adjacent land use (existing and planned), types and numbers of vehicles anticipated to enter the station, drainage control, the hours of operation and other pertinent information. If the station is to be used by the general public, the design of the facility shall take account of features that may be needed to accommodate such public use.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
3. Change without regulatory effect amending subsection (b)(1) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
Article 6. Composting Operating Standards
§17867. General Operating Standards.
Note     •     History

(a) All compostable materials handling operations and facilities shall meet the following requirements:
(1) All handling activities are prohibited from composting any material specified in section 17855.2 of this Chapter.
(2) All handling activities shall be conducted in a manner that minimizes vectors, odor impacts, litter, hazards, nuisances, and noise impacts; and minimizes human contact with, inhalation, ingestion, and transportation of dust, particulates, and pathogenic organisms.
(3) Random load checks of feedstocks, additives, and amendments for contaminants shall be conducted.
(4) Contamination of compostable material that has undergone pathogen reduction, pursuant to section 17868.3 of this Chapter, with feedstocks, compost, or wastes that have not undergone pathogen reduction, pursuant to section 17868.3 of this Chapter, or additives shall be prevented.
(5) Unauthorized human or animal access to the facility shall be prevented.
(6) Traffic flow into, on, and out of the composting operation or facility shall be controlled in a safe manner.
(7) All compostable materials handling operations and facilities, that are open for public business, shall post legible signs at all public entrances. These signs shall include the following information:
(A) name of the operation or facility,
(B) name of the operator,
(C) facility hours of operation,
(D) materials that will and will not be accepted, if applicable,
(E) schedule of charges, if applicable, and
(F) phone number where operator or designee can be reached in case of an emergency.
(8) The operator shall provide fire prevention, protection and control measures, including, but not limited to, temperature monitoring of windrows and piles, adequate water supply for fire suppression, and the isolation of potential ignition sources from combustible materials. Firelanes  shall be provided to allow fire control equipment access to all operation areas.
(9) The operator shall provide telephone or radio communication capability for emergency purposes.
(10) Physical Contaminants and refuse removed from feedstock, compost, or chipped and ground material shall be removed from the site within 7 days and transported to an appropriate facility. 
(11) Enclosed operations and facilities shall provide ventilation to prevent adverse public health effects from decomposition gases. 
(12) The operator shall ensure that leachate is controlled to prevent contact with the public. 
(13) The operator shall prevent or remove physical contaminants in compost and chipped and ground materials that may cause injury to humans. 
(14) An attendant shall be on duty during business hours if the operation or facility is open to the public. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. New article 6 and repealer and new section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
3. Amendment of subsection (a)(4) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a)(4) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-7-97 order transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
6. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
7. Change without regulatory effect amending subsection (a)(4) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
8. Repealer and new subsection (a)(1) filed 6-18-2007 as an emergency; operative 6-18-2007 (Register 2007, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-17-2007 or emergency language will be repealed by operation of law on the following day.
9. Repealer and new subsection (a)(1) refiled 12-17-2007 as an emergency; operative 12-17-2007 (Register 2007, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 12-17-2007 order transmitted to OAL 3-13-2008 and filed 4-25-2008 (Register 2008, No. 17).
§17867.5. Training.
Note     •     History

(a) Compostable materials handling operations and facilities shall meet the following requirements: 
(1) Operators shall ensure that all personnel assigned to the operation shall be trained in subjects pertinent to operations and maintenance, including the requirements of this article, physical contaminants and hazardous materials recognition and screening, with emphasis on odor impact management and emergency procedures. A record of such training shall be maintained on the site. 
NOTE

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
Article 7. Environmental Health Standards
§17868.1. Sampling Requirements.
Note     •     History

All composting operations that sell or give away greater than 1,000 cubic yards of compost annually, and all facilities shall meet the following requirements:
(a) Operators shall verify that compost meets the maximum acceptable metal concentration limits specified in section 17868.2, and pathogen reduction requirements specified in section 17868.3. Verification of pathogen reduction requirements shall occur at the point where compost is sold and removed from the site, bagged for sale, given away for beneficial use and removed from the site or otherwise beneficially used. This verification shall be performed by taking and analyzing at least one composite sample of compost, following the requirements of this section as follows:
(1) An operator who composts green material, food material, or mixed solid waste shall take and analyze one composite sample for every 5,000 cubic-yards of compost produced.
(2) An operator who composts biosolids shall meet the sampling schedule described in Table 1 below.

Table 1--Frequencies of Compost Sampling for Biosolids
   Composting Facilities	

	Amount of Biosolids
	Compost Feedstock (metric
	tons per 365 day period)	Frequency

	Greater than zero but	annually
	fewer than 290

	Equal to or greater than	quarterly
	290 but fewer than 1,500

	Equal to or greater than	bimonthly
	1,500 but fewer than 15,000

	Equal to or greater than	monthly
	15,000

(A) The amount of biosolids compost feedstock shall be calculated in dry weight metric tons.
(3) Composite sample analysis for maximum acceptable metal concentrations, specified in section 17868.2, shall be conducted at a laboratory certified by the California Department of Health Services, pursuant to the Health and Safety Code.
(b) A composite sample shall be representative and random, and may be obtained by taking twelve (12) mixed samples as described below.
(1) The twelve samples shall be of equal volume.
(2) The twelve samples shall be extracted from within the compost pile as follows:
(A) Four samples from one-half the width of the pile, each at a different cross-section;
(B) Four samples from one-fourth the width of the pile, each at a different cross-section; and,
(C) Four samples from one-eighth the width of the pile, each at a different cross-section.
(c) The EA may approve alternative methods of sampling for a green material composting operation or facility that ensures the maximum metal concentration requirements of section 17868.2 and the pathogen reduction requirements of section 17868.3 are met. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New article 7 and section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of subsection (a) and Table 1 filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a) and Table 1 refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-7-97 order, including further amendment of subsection (a), transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
5. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
6. Change without regulatory effect amending subsections (a) and (a)(3) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§17868.2. Maximum Metal Concentrations.
Note     •     History

(a) Compost products derived from compostable materials that contain any metal in amounts that exceed the maximum acceptable metal concentrations shown in Table 2 shall be designated for disposal, additional processing, or other use as approved by state or federal agencies having appropriate jurisdiction.

Table 2--Maximum Acceptable Metal Concentrations

	Constituent	Concentration (mg/kg)
		on dry weight basis

	Arsenic (As)	41

	Cadmium (Cd)	39

	Chromium (Cr)	1200

	Copper (Cu)	1500

	Lead (Pb)	300

	Mercury (Hg)	17

	Nickel (Ni)	420

	Selenium (Se)	36

	Zinc (Zn)	2800
(b) Alternative methods of compliance to meet the requirements of Subdivision (a) of this section, including but not limited to sampling frequencies, may be approved by the EA for green and food materials composting operations and facilities if the EA determines that the alternative method will ensure that the maximum acceptable metal concentrations shown in Table 2 are not exceeded. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of first paragraph filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
3. Amendment of first paragraph refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-7-97 order transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
5. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
6. Change without regulatory effect amending subsection (b) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§17868.3. Pathogen Reduction.
Note     •     History

(a) Compost products derived from compostable materials, that contains pathogens in amounts that exceed the maximum acceptable pathogen concentrations described in Subdivision (b) of this section shall be designated for disposal, additional processing, or other use as approved by state or federal agencies having appropriate jurisdiction.
(b) Operators that produce compost shall ensure that:
(1) The density of fecal coliform in compost, that is or has at one time been active compost, shall be less than 1,000 Most Probable Number per gram of total solids (dry weight basis), and the density of Salmonella sp. bacteria in compost shall be less than three (3) Most Probable Number per four (4) grams of total solids (dry weight basis).
(2) At enclosed or within-vessel composting process operations and facilities, active compost shall be maintained at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen reduction period of 3 days.
(A) Due to variations among enclosed and within-vessel composting system designs, including tunnels, the operator shall submit a system-specific temperature monitoring plan with the permit application to meet the requirements of Subdivision (b)(2) of this section.
(3) If the operation or facility uses a windrow composting process, active compost shall be maintained under aerobic conditions at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen reduction period of 15 days or longer. During the period when the compost is maintained at 55 degrees Celsius or higher, there shall be a minimum of five (5) turnings of the windrow.
(4) If the operation or facility uses an aerated static pile composting process, all active compost shall be covered with 6 to 12 inches of insulating material, and the active compost shall be maintained at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen reduction period of 3 days.
(c) Alternative methods of compliance to meet the requirements of Subdivision (b) of this section may be approved by the EA if the EA determines that the alternative method will provide equivalent pathogen reduction.
(d) Compost operations and facilities shall be monitored as follows to ensure that the standards in Subdivision (b) of this section are met:
(1) Each day during the pathogen reduction period, at least one temperature reading shall be taken per every 150 feet of windrow, or fraction thereof, or for every 200 cubic-yards of active compost, or fraction thereof.
(2) Temperature measurements for pathogen reduction shall be measured as follows:
(A) Windrow composting processes and agitated bays shall be monitored twelve (12) to twenty-four (24) inches below the pile surface;
(B) Aerated static pile composting processes shall be monitored twelve (12) to eighteen (18) inches from the point where the insulation cover meets the active compost.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of subsections (a) and (b)(1) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (a) and (b)(1) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-7-97 order transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
5. Amendment of subsections (a), (b)(1)-(2) and (c) filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
6. Change without regulatory effect amending subsections (a), (b)(2)(A), (c) and (d) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§17868.4. Clean Green Material Processing Requirements.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of first paragraph filed 1-9-98; operative 1-9-98 (Register 98, No. 2).
3. Repealer filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
§17868.5. Green Material Processing Requirements.
Note     •     History

In order for a feedstock to be considered green material, as defined in section 17852(a)(21), the following requirements shall be met: 
(a) The feedstock shall undergo load checking to ensure that physical contaminants are no greater than 1.0 percent of total weight. Load checking shall include both visual observation of incoming waste loads and load sorting to quantify percentage of contaminating materials. 
(1) A minimum of one percent of daily incoming feedstock volume or at least one truck per day, whichever is greater, shall be inspected visually. If a visual load check indicates a contamination level greater than 1.0 percent, a representative sample shall be taken, physical contaminants shall be collected and weighed, and the percentage of physical contaminants determined. The load shall be rejected if physical contaminants are greater than 1.0 percent of total weight. 
(b) Upon request of the EA, the operator shall take a representative sample of feedstock, physical contaminants shall be collected and weighed, and the percentage of physical contaminants determined. 
(c) Any agricultural material handling operation using this material shall ensure the feedstock meets the metal concentration limits specified in Table 2 of section 17868.2. 
(d) Facility personnel shall be adequately trained to perform the activities specified in this section. 
(e) Any operation or facility using this feedstock shall maintain records demonstrating compliance with this section. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
2. Change without regulatory effect amending first paragraph and subsection (c) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
Article 8. Composting Operation and Facility Records
§17869. General Record Keeping Requirements.
Note     •     History

Except as provided in subsection (d), all compostable materials handling operations and facilities shall meet the following requirements:
(a) All records required by this Chapter shall be kept in one location and accessible for five (5) years and shall be available for inspection by authorized representatives of the board, EA local health entity, and other duly authorized regulatory and EAs during normal working hours.
(b) The operator shall record any special occurrences encountered during operation and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures.
(c) The operator shall record any public complaints received by the operator, including:
(1) the nature of the complaint,
(2) the date the complaint was received,
(3) if available, the name, address, and telephone number of the person or persons making the complaint, and
(4) any actions taken to respond to the complaint.
(d) The operator shall record the quantity and type of feedstock received and quantity of compost and chipped and ground material produced. Agricultural compostable materials handling operations shall maintain records only for compostable material accepted from off-site. 
(e) The operator shall record the number of load checks performed and loads rejected.
(f) The operator shall record all test results generated by compliance with Article 7 of this Chapter, including but not limited to, metal concentrations, fecal coliform and Salmonella sp. densities, temperature measurements, and dates of windrow turnings.
(1) The operator shall retain records detailing pathogen reduction methods.
(g) The operator shall record and retain records of any serious injury to the public occurring on-site and any complaint of adverse health effects to the public attributed to operations. Serious injury means any injury that requires inpatient hospitalization for a period in excess of 24 hours or in which a member of the public suffers a loss of any member of the body or suffers any degree of permanent disfigurement. 
(h) The operator shall retain a record of training and instruction completed in accordance with section 17867.5. 
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New article 3 and section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer of article 3, new article 8 and repealer and new section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
3. Amendment of subsection (d) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (d) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-7-97 order transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
6. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
Article 9. Composting Facility Site Restoration
§17870. Site Restoration.
Note     •     History

All compostable materials handling operations and facilities shall meet the following requirements:
(a) The operator shall provide the EA written notice of intent to perform site restoration, at least 30 days prior to beginning site restoration.
(b) The operator(s) and owner(s) shall provide site restoration necessary to protect public health, safety, and the environment.
(c) The operator shall ensure that the following site restoration procedures are performed upon completion of operations and termination of service:
(1) The operation and facility grounds, ponds, and drainage areas shall be cleaned of all residues including, but not limited to, compost materials, construction scraps, and other materials related to the operations, and these residues legally recycled, reused, or disposed of.
(2) All machinery shall be cleaned and removed or stored securely.
(3) All remaining structures shall be cleaned of compost materials, dust, particulates, or other residues related to the composting and site restoration operations.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New article 9 and section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of first paragraph and subsection (a) filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
§17871. Geological Siting Requirements.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17873. General Facility Design Requirements.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code; and Sections 6730, 6735.1, 6735.3, and 6735.4, Business and Professions Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17875. General Facility Operations Procedures for Exempted and Non-Exempted Composting Facilities.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17876. General Facility Operations Procedures for Non-Exempted Composting Facilities.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17877. Record Maintenance Requirements.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17879. Site Closure Standards.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17881. Purpose, Scope, and Applicability.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
HISTORY

1. New article 4 and section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer of article 4 and section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17883. Compliance with Laws and Regulations.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17885. General Requirements.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code; and 40 CFR, Part 261.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17886. Compliance Period.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17887. Environmental Health Standards.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17889. Compliance Monitoring Program.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17891. Noncompliance and Green Composting Permit Modification.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17893. Specific Exemptions.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17895. Reporting Requirements.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
Chapter 3.5. Standards for Handling and Disposal of Asbestos Containing Waste
Article 1. General
§17897. Purpose, Scope and Applicability.
Note     •     History

(a) The purpose of this chapter is to establish minimum standards that define the acceptable management of asbestos containing waste. The standards of this chapter apply only to the owner or operator of a solid waste facility who disposes of asbestos containing waste, pursuant to Health and Safety Code section 25143.7.
(b) Nothing in these Articles shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local health agencies, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.
NOTE

Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
HISTORY

1. New chapter 3.5 (articles 1-5, sections 17897-17897.25), article 1 (sections 17897-17897.15) and section filed 8-1-96 as an emergency; operative 8-1-96 (Register 96, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-29-96 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order, including new subsection (a) designator and new subsection (b), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§17897.10. Definitions.
Note     •     History

The following definitions are to used only for the purposes of this Chapter.
“Adequately wet” means waste that is sufficiently mixed or penetrated with liquid to prevent the release of finely divided particles. Spraying water over the surface of asbestos containing waste does not satisfy “adequately wet” requirement.
“Asbestos Containing Waste” or “ACW” means asbestos containing waste managed at a landfill as authorized by section 25143.7, chapter 6.5 of the California Health and Safety Code which contains greater than one percent (1%) friable asbestos by weight. Asbestos containing waste does not include waste contaminated with another hazardous waste as identified in chapter 11. division 4.5, title 22, California Code of Regulations.
“Designated Asbestos Containing Waste Disposal Area” means an area specifically designated for the disposal of asbestos containing waste at a solid waste facility. A specifically designated area is a dedicated disposal area. The area shall be identified on a survey plat containing the location and dimensions of the area with respect to permanently surveyed vertical and horizontal control monuments. This survey plat shall be prepared and certified by a professional land surveyor licensed in California or a civil engineer authorized to practice land surveying in California. The designated area shall be delineated with physical barriers, such as a fence, and signs.
“Disposal” means the final deposition of asbestos containing waste onto the land, into the atmosphere or into the waters of the state.
“Enforcement Agency” means the California Integrated Waste Management Board or its designee.
“Excavation” means any activity that exposes buried asbestos containing waste to the atmosphere.
“Handling” means the collection, processing, treatment, or packaging of asbestos containing waste for disposal.
“Leak tight” means that solids or liquids cannot escape or spill out. It also means dust tight.
“Natural barrier” means a natural object that effectively precludes or deters access. Natural barriers include physical obstacles such as cliffs, lakes, or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier.
“Solid waste facility” means any class II or class III landfill as defined in sections 2532 and 2533, chapter 15, title 23, California Code of Regulations (CCR); and any unclassified waste management unit which accepts inert waste as defined in section 2524, chapter 15, title 23, CCR.
“Visible emissions” means any emissions that are visually detectable without the aid of instrument, coming from asbestos containing waste or from handling and disposal of asbestos containing waste. This does not include condensed uncombined water vapor.
NOTE

Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code; and 40 CFR Part 61 Section 140, Subpart M.
HISTORY

1. New section filed 8-1-96 as an emergency; operative 8-1-96 (Register 96, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-29-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of first paragraph and definition of “Natural barrier” (Register 97, No. 3).
3. Certificate of Compliance as to 8-1-96 order, including amendment to definition of “Asbestos Containing Waste” and amendment of Note, transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§17897.15. Schedules of Compliance.
Note     •     History

(a) The owner or operator of a solid waste facility that disposes of asbestos containing waste (ACW) in accordance with section 25143.7 of the Health and Safety Code on or after August 1, 1996 and does not possess a solid waste facilities permit shall:
(1) Comply with the security, inspection, manifest system, recordkeeping and reporting requirements specified in this chapter on or before October 30, 1996.
(2) Implement the approved change(s) according to a schedule of compliance established by the Enforcement Agency.
(3) Obtain a solid waste facilities permit on or before November 29, 1997.
(b) The owner or operator of a solid waste facility that disposes of ACW in accordance with section 25143.7 of the Health and Safety Code on or after August 1, 1996 and has a solid waste facilities permit which regulates the disposal of asbestos containing waste shall:
(1) Comply with the security, inspection, manifest system, recordkeeping and reporting requirements specified in this chapter on or before October 30, 1996.
(2) Implement the approved change(s) according to a schedule of compliance established by the Enforcement Agency.
(3) Obtain approval for RDSI amendments on or before November 29, 1997.
(c) The owner or operator of a solid waste facility that disposes of ACW in accordance with section 25143.7 of the Health and Safety Code on or after August 1, 1996 and has a solid waste facilities permit which does not regulate the disposal of asbestos containing waste shall:
(1) Comply with the security, inspection, manifest system, recordkeeping and reporting requirements specified in this chapter on or before October 30, 1996.
(2) Implement the approved change(s) according to a schedule of compliance established by the Enforcement Agency.
(3) Obtain a revised solid waste facilities permit on or before November 29, 1997.
(d) The owner or operator of a solid waste facility that has not disposed of ACW in accordance with section 25143.7 of the Health and Safety Code on or before August 1, 1996 and intends to dispose of ACW shall file an application for a permit revision request pursuant to article 3.1, chapter 5 of this division to the Enforcement Agency and comply with the provisions specified in this chapter.
(e) The owner or operator of a new solid waste facility who intends to dispose of ACW in accordance with section 25143.7 of the Health and Safety Code after August 1, 1996 shall file an application for a new permit pursuant to article 3.1, chapter 5 of this division to the Enforcement Agency and comply with the provisions specified in this chapter.
NOTE

Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
HISTORY

1. New section filed 8-1-96 as an emergency; operative 8-1-96 (Register 96, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-29-96 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order, including amendment of subsections (a) and (e), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
Article 2. Standards
§17897.16. General Standards.
Note     •     History

The owner or operator of any solid waste facility that disposes of asbestos containing waste shall ensure that the designated asbestos containing waste disposal area complies with requirements specified in this division. The designated asbestos containing waste disposal area shall be located, designed, constructed, operated and maintained so that it will protect public health, worker safety, and the environment.
NOTE

Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
HISTORY

1. New article 2 (sections 17897.16-17897.20) and section filed 8-1-96 as an emergency; operative 8-1-96 (Register 96, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-29-96 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§17897.18. Design and Operating Requirements.
Note     •     History

The owner or operator of a solid waste facility that disposes of asbestos containing waste shall:
(a) establish a designated asbestos containing waste disposal area for the disposal of asbestos containing waste as defined in section 17897.10;
(b) establish a site control program with work zones and control points at the designated asbestos containing waste disposal area. At a minimum, work zones should be established for the active face, designated disposal area, handling and support areas;
(c) segregate asbestos containing waste from refuse. At no time shall asbestos containing waste be disposed with refuse;
(d) establish a means to prevent any visible emissions outside the designated asbestos containing waste disposal area during handling and disposal operations;
(e) maintain the integrity of leak-tight containers and/or packaging at all times during the handling and disposal operations;
(f) minimize the release and exposure of asbestos containing waste after placement in the disposal area by not compacting the waste prior to application of cover, at no time shall compaction equipment come into contact with asbestos containing waste containers or packaging;
(g) after deposit, the owner or operator shall cover the asbestos containing waste with sufficient cover material to ensure complete coverage of the disposed asbestos containing waste and prevent re-exposure during continuing disposal operations.
(h) cover shall be applied to the asbestos containing waste at a frequency that minimizes releases to the environment and threats to human health, but at a minimum of once every operational hour. An alternative frequency may be prescribed if the Enforcement Agency deems it appropriate.
NOTE

Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
HISTORY

1. New section filed 8-1-96 as an emergency; operative 8-1-96 (Register 96, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-29-96 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order, including amendment of subsection (h), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§17897.19. Additional Requirements.
Note     •     History

(a) The owner or operator shall not accept asbestos containing waste without having received an Identification Number as described in section 66260.10, title 22, California Code of Regulations (CCR), following the procedure specified by the Department of Toxic Substances Control.
(b) In addition to any requirements already imposed on landfills by Title 14, Division 7, Chapter 3 (commencing with section 17200) and Chapter 5 (commencing with section 18010), and in lieu of any requirements imposed by Title 8 and Title 22, the owner or operator shall comply with the following requirements:
(1) Provide additional site security to that required in article 7.4 of chapter 3 of this division (commencing with section 17656) to prevent unauthorized entry of persons into the designated asbestos containing waste disposal area. These requirements include:
(A) A surveillance system which continuously monitors and controls entry by the public into the designated asbestos containing waste disposal area or means to control entry into the designated asbestos containing waste disposal area at all times, unless the entire facility meets the above requirements or the facility does not allow public access.
(B) Post warning signs as specified in this section around the designated asbestos containing waste disposal area. These signs must be posted in a manner so that a person can read them. These signs shall be at least 51 cm X 36 cm (20 inch x 14 inch) and state the following information:

DANGER
Asbestos Waste Disposal Site 
Do Not Create Dust
Breathing Asbestos Is Hazardous To Your Health
The top line shall be in at least one and three fourths inch (4.4 cm) type. The second line shall be in at least one inch (2.5 cm) type. The third line shall be in at least three fourths inch (1.9 cm) type. The last line shall be in at least 48 point type. All four lines shall be in Sans Serif, Gothic or Block type. The line spacing shall be equal or greater to the height of the upper line. The legend shall be written in English, Spanish and in any other language predominant in the area surrounding the solid waste facility.
(2) In addition to disposal site records specified in article 7.3 of chapter 3 of this division (commencing with section 17636), maintain the additional information required by article 5, chapter 15, division 4.5, title 22, CCR as it relates to hazardous waste manifests and recordkeeping.
(A) The solid waste facility shall comply with the requirements of chapter 18, division 4.5, title 22, CCR as they apply to the notification/certification/treatment of asbestos containing waste prior to land disposal. At a minimum, the solid waste facility should ensure that the asbestos containing waste is adequately wet or treated so that it meets this standard prior to disposal.
(B) The solid waste facility shall maintain an operating record as part of the disposal site record. This operating record shall include the following information: the quantity and date of each shipment of asbestos containing waste received, the disposal location(s) of each shipment of asbestos containing waste, a summary report of all incidents which require implementation of the contingency plan, results of inspection required by section 17897.20, and training records as specified in subsection (c)(2)(B) of this section. The operating record shall be maintained until closure of the facility.
(3) Meet the requirements for financial responsibility for liability claims and closure and post closure as specified in articles 3.3 and 3.5 of chapter 5 of this division.
(c) The owner or operator shall at a minimum comply with the following additional requirements:
(1) The solid waste facility shall prepare a contingency plan. The contingency plan shall be designed to minimize the hazard to human health or the environment from unplanned sudden or non-sudden release of asbestos containing waste to the air, soil or water. The provisions of this plan shall be carried out immediately when a release could threaten human health or the environment.
(A) The contingency plan shall describe the actions facility personnel shall take in response to a release of asbestos containing waste. The plan shall describe arrangements agreed to by local emergency response agencies. The plan shall list names, addresses and telephone numbers of all persons qualified to act as emergency coordinators. This list shall be kept up to date. The plan shall list all emergency equipment located at the facility. This list shall be kept up to date. The plan shall include a description of each item on the list and a brief description of its capabilities. The plan shall describe a signal to begin evacuation, identify routes for evacuation, and identify alternate routes.
(B) The contingency plan shall be amended whenever: the regulations change, the plan fails, the facility changes in operation, the list of emergency coordinators changes, or the list of emergency equipment changes.
(C) The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator shall submit a written report on the incident to the Enforcement Agency.
(2) Solid waste facility personnel shall complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way which ensures the facility's compliance with these requirements.
(A) The training program shall be directed by a person trained in asbestos waste management procedures. At a minimum, the training program shall be designed to ensure that facility personnel are capable of responding effectively to an emergency by familiarizing them with the contingency plan. Personnel shall successfully complete the training described within six months of their assignment to duties which manage asbestos containing waste. Personnel shall also take part in an annual review of the initial training. No personnel shall work unsupervised until they have completed the training described in this section.
(B) The owner or operator shall maintain the following documents and records at the facility: a job title for each job related to asbestos containing waste management and the name of each person filling that job; a written description of that job title; a written description of the type and amount of training required for that job title; and records documenting that the training had been given.
NOTE

Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
HISTORY

1. New section filed 8-1-96 as an emergency; operative 8-1-96 (Register 96, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-29-96 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order, including amendment of subsections (b)(1) and (b)(2), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§17897.20. Inspection Requirements.
Note     •     History

The owner or operator of a solid waste facility that disposes of asbestos containing waste shall inspect the facility. This inspection shall include but not be limited to the designated asbestos waste containing area for deterioration, operator errors, problems with cover, leakage and discharges that may be causing or may lead to: (1) releases to the environment; or (2) a threat to human health. The owner or operator shall maintain an inspection schedule that identifies the items to be inspected, the frequency of the inspection and identify the types of problems that are to be looked for during the inspection. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment but at a minimum of once each operating day. The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Remedial action must be taken immediately where a hazard is imminent or has already occurred. The owner or operator shall maintain a record of these inspections. Notwithstanding section 17897.19(b)(2)(B), the reports resulting from these inspections need only be kept for three years from the date of the inspection.
NOTE

Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
HISTORY

1. New section filed 8-1-96 as an emergency; operative 8-1-96 (Register 96, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-29-96 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
Article 3. Excavation Requirements
§17897.21. Excavation Requirements.
Note     •     History

(a) The owner or operator of any solid waste facility that disposes of asbestos containing waste shall ensure that the excavation or disturbance of buried asbestos containing waste will not pose a danger to the public, employees, and environment.
(b) Except as specified in subsection (g) of this section, an excavation management plan shall be prepared and submitted to the Enforcement Agency for review and approval at least 45 days prior to excavating or otherwise disturbing any asbestos containing waste that has been buried at the disposal area. The excavation management plan shall include the following information:
(1) Schedule starting and completion dates.
(2) Map showing the location of the area where buried asbestos containing waste is to be excavated or disturbed, locations of on-site structures, and environmental monitoring collection and control systems.
(3) Response for disturbing the waste.
(4) A health and safety plan identifying the health and safety issues regarding the proposed excavation and measures to be taken to protect public health, worker safety, and the environment. The plan shall be developed and prepared by an industrial hygienist certified by the American Board of Industrial Hygiene. This health and safety plan shall include work practices and engineering controls to be used to protect worker health and safety during excavation.
(5) Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated waste. The Enforcement Agency shall consult with the appropriate air quality control district or state Air Resources Control Board when evaluating the proposed emissions control procedures.
(6) Location of any temporary storage site and the final disposal site.
(c) The excavation management plan shall be prepared by a professional engineer or engineering geologist registered in California.
(d) If the excavation will begin on a date other than the date specified in the plan, the owner or operator shall notify the Enforcement Agency at least 5 calendar days prior to the rescheduled start date by certified mail. If the completion date is delayed, the owner or operator shall notify the Enforcement Agency of the new completion date at least 2 calendar days before the original scheduled completion date by certified mail.
(e) In evaluating the proposed excavation management plan, the Enforcement Agency will consider:
(1) whether the excavation is necessary to the proposed use of the site, and will not increase the potential hazard to human health or the environment;
(2) whether the excavation is necessary to reduce a threat to human health, employees, and the environment; and
(3) recommendations of the appropriate air quality control district and the regional water quality control board.
(f) No later than 30 calendar days from receipt of the plan, the Enforcement Agency shall respond to the applicant regarding completeness of the plan. If the plan is incomplete, the applicant will be notified which parts of the plan are incomplete and the manner with which the plan can be made complete. If additional review time is needed, the applicant will be notified within 30 days of submittal of the plan.
(g) The 45 day notice is not required if an emergency excavation is performed to prevent or diminish an imminent and substantial endangerment to human health or the environment. If an emergency excavation is required, the owner or operator shall give verbal notice to the Enforcement Agency prior to beginning the excavation activity and submit a written report to the Enforcement Agency within 15 days after the emergency excavation has been completed.
NOTE

Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
HISTORY

1. New article 3 (section 17897.21) and section filed 8-1-96 as an emergency; operative 8-1-96 (Register 96, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-29-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsections (b)(4) and (d) (Register 97, No. 3).
3. Certificate of Compliance as to 8-1-96 order, including amendment of subsection (b)(5), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
Article 4. Closure and Post Closure
§17897.24. General.
Note     •     History

The owner or operator shall comply with all applicable closure and post closure requirements as specified in article 7.8, chapter 3 and article 3.4, chapter 5 of this division.
NOTE

Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
HISTORY

1. New article 4 (section 17897.24) and section filed 8-1-96 as an emergency; operative 8-1-96 (Register 96, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-29-96 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
Article 5. LEA Standards and Authorization
§17897.25. Authorized ACW Program.
Note     •     History

Local Enforcement Agencies (LEA) shall meet the following requirements before being authorized to enforce this chapter.
(a) At a minimum, the LEA shall:
(1) meet the certification requirements as described in Article 2.1 of chapter 5 of this division.
(2) have provided field staff with training in compliance with Title 8 CCR, including  but not limited to recognition of asbestos, respiratory protection, and selection and use of personal protective equipment. The LEA shall amend their Injury, Illness and Prevention Plan to comply with this requirement.
(3) submit an Enforcement Program Plan (EPP) amendment which addresses those elements modified by this authorization.
(4) have field staff trained in environmental sampling methodology and practice. The training shall include knowledge of sampling technique, field quality assurance/control, sample custody, sample collection and documentation.
(5) provide field staff with equipment necessary to comply with these requirement including but not limited to personal protective equipment and sample collection equipment.
(b) The LEA shall make an application for authorization to the Deputy Director of the Permitting and Enforcement Division of the California Integrated Waste Management Board by cover letter with documentation establishing that the requirements of subsection (a) have been met.
(c) The Board may make a provisional authorization to an LEA that meets the requirements of subsection (a)(1) and (2) of this section. A provisional authorization may authorize the LEA to implement specific provisions of this chapter. The Board may grant full authorization upon complete compliance with the provisions of this section.
(d) In jurisdictions where the Board does not authorize a local program, the Board will be the enforcement agency for ACW.
NOTE

Authority cited: Sections 43200 and 44820, Public Resources Code. Reference: Title 14, CCR, Division 7, Article 2.1, Chapter 5; and Title 8, CCR section 5192.
HISTORY

1. New article 5 (section 17897.25) and section filed 8-1-96 as an emergency; operative 8-1-96 (Register 96, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-29-96 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
Chapter 4. Resource Conservation Programs
Article 1. Recycling Market Development Zone Designation Process
§17900. Introduction.
Note     •     History

For the purposes of this Article, both the question and answer in each section have regulatory effect for implementation and enforcement. In addition to the regulations in this Article, statutory provisions contained in Sections 42010 through 42023 of the Public Resources Code govern Recycling Market Development Zones. Sections 17914 and 17914.5 of this Article relate to Recycling Market Development Zone redesignation requests received at any time following conditional or final designation.
NOTE

Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 42013 and 42014, Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending section and Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment of section and Note filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
§17901. Definitions.
Note     •     History

In addition to the definitions contained in Public Resources Code Sections 40100-40201 and 42002, the following definitions apply to the regulations contained in this Article.
(a) “Board” means the California Integrated Waste Management Board.
(b) “Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility. “Compost” includes vegetable, yard, and wood wastes which are not hazardous wastes.
(c) “Designation cycle” means the time it takes to complete all the steps that the Board and applicants take to establish Recycling Market Development Zones. The steps include requesting applications, preparing and submitting applications, evaluation applications, selecting zones, and making final designations as Recycling Market Development Zones.
(d) “Final designation” means an applicant has received written notification from the Board stating it has satisfactorily completed all the requirements for designation as a Recycling Market Development Zone.
(e) “May” means a provision is permissive.
(f) “Must” means a provision is mandatory.
(g) “Proposed Zone” means the geographic area identified in a Recycling Market Development Zone application for designation as a Recycling Market Development Zone.
(h) “Recycling Market Development Zone application” means the written application submitted to the Board, the contents of which are specified in section 17905 of this chapter.
(i) “Recycling Market Development Zone” or “Zone” is a geographic area as defined by Public Resources Code Section 42002(c).
(j) “Redesignation” means Board approval of an application as defined in section 17914, which describes proposed changes to a currently designated Recycling Market Development Zone. The proposed changes may include, but are not limited to, expansion of an existing Zone's boundaries, reduction of a Zone's boundaries, renewal of Zone designation, and change in boundaries of a Zone.
(k) “Zone administrator” means the person selected by the applicant to administer the activities of the Zone and report upon its activities to the Board.
(l) “Expansion” means the addition of a jurisdiction or jurisdictions to an existing Zone's boundaries.
(m) “Reduction” means the deletion of jurisdiction or jurisdictions from an existing Zone's boundaries.
(n) “Change in boundaries of a Zone” means the addition or reduction of land that does not involve the addition or deletion of a jurisdiction or jurisdictions.
NOTE

Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 40050, 42002, 42010, 42014, 42019, 42020 and 42022, Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. New subsection (j) and subsection redesignation filed 3-7-94; operative 3-7-94 (Register 94, No. 10).
3. Change without regulatory effect amending opening paragraph, subsection (i) and Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
4. Amendment of subsection (j) and new subsections (l)-(n) filed 9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§17902. How does a Recycling Market Development Zone designation cycle start?
Note     •     History

(a) By March 31 of each year, if and when the Board determines a need for additional zones, it will evaluate the maximum number of new Recycling Market Development Zones to be designated and initiate a new cycle. The Board will identify the statewide recycling market development objectives for the designation cycle. These are described in Section 17909.
(b) Within 120 calendar days of the action taken in (a) above, the Board will mail a notice to all who have made a written request to receive notification, announcing the date when a Recycling Market Development Zone designation cycle will begin. The notice will state the number of the Zones the Board will designate during the designation cycle and will list the statewide recycling market development objectives and their priority of importance.
NOTE

Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 42013-42014, Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment filed 9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§17903. What is the deadline for getting my application to the Board?
History

You must submit an original and four copies of your application to the Board by 4:00 p.m. on the one hundred twentieth (120) day after the commencement date of a designation cycle.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
§17904. What if the Board receives my application after the deadline?
Note     •     History

Your application will not be reviewed. The Board will notify you in writing within a minimum of seven days and a maximum of 30 days of the date it received your application to tell you that your application will not be reviewed because it was late. The median timeframe for notification is 21 days.
NOTE

Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Section 42013, Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
§17905. What do I need to include in my Zone application?
Note     •     History

Your Zone application must include all the items listed in (a) through (g), below. When the Board reviews your application, it will consider only the information in your application.
(a) The name(s) and address(es) of the applicant or applicants, and
(b) The name, address, and phone number of the Proposed Zone's administrator, and
(c) The location of the Proposed Zone, as follows:
(1) A narrative description of the Proposed Zone's boundaries and location within the State of California, and
(2) On a street map, clearly identify the streets that mark the boundaries of the Proposed Zone, and
(3) A copy of the existing general zoning and land use maps for the Proposed Zone's area and the area immediately surrounding it. Clearly identify the boundaries of the Zone on this map, and
(d) Letters of support and commitment from all cities, counties, agencies, organizations, financial institutions, and businesses, including all suppliers of recovered materials, which you have identified in the application as having a role in the Proposed Zone, and
(e) A copy of the resolution or ordinance, from each governing body having jurisdiction over any portion of a Proposed Zone, that makes the findings required by Section 42010(b) of the Public Resources Code, and
(f) A detailed recycling market development plan, as described in Section 17907, and
(g) A statement describing how you intend to satisfy the California Environmental Quality Act or demonstration of California Environmental Quality Act compliance.
(h) A statement demonstrating the Zone's commitment to environmental justice and to protecting the environment and public health and safety in a manner that does not unfairly affect any low-income and minority populations.
NOTE

Authority cited: Sections 40502, 42013 and 71110, Public Resources Code. Reference: Sections 42010(b), 42015 and 71110(a), Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending  subsection (e) and Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment of subsection (g), new subsection (h) and amendment of Note filed 9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§17906. What will the Board consider when reviewing my application?
Note     •     History

When the Board reviews you application, it will consider only the information in your application.
(a) First, the Board will review applications to determine that they are complete and meet the eligibility requirements that are described in section 42002(c) of the Public Resources Code. Within 21 calendar days of receiving an application, the Board will send an Initial Review Letter to the applicant, stating that the Board has received their application. The Board's minimum timeframe for completing an Initial Review is seven days. The median timeframe is 14 days. The maximum time frame is 21 days. The Initial Review Letter will specify any deficiencies regarding completeness or eligibility and grant the applicant 14 calendar days from the date on the letter to correct the deficiencies and submit the changes to the Board. The Board must receive the changes by 4:00 p.m. on the 14th day.
(1) Within the 21 day initial review period an applicant can make administrative changes such as changing the name of the contact person, submitting missing pages or correcting calculation or typographical errors. An applicant cannot make changes to the recycling market development plan or change the size of the proposed zone during this time.
(2) If more than one application includes the same area, or portion of an area, the Board will notify the applicants, in writing, within the 21 day Initial Review period. The applicants must resubmit their applications without overlapping areas within 30 calendar days of the date on the notification letter. The Board must receive your modified application by 4:00 p.m. on the 30th day.
(b) The Board will evaluate your application's recycling market development plan and, if it is accepted, will review it against the statewide recycling objectives.
NOTE

Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Section 42020, Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending  subsection (a) and Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
§17907. What information must be included in my recycling market development plan?
Note     •     History

The plan shall include, but is not limited to, the following information:
(a) An analysis of how the Zone will be supplied with the necessary feedstock to support the number and types of businesses planned for development within the Zone.
(b) A marketing plan that describes how the Zone will attract new, and expand existing, businesses.
(c) A description of the funding and organizational structure of the Zone.
(d) A description of the incentives the local governments plan to offer to businesses in the Zone.
(e) A description of the financial support that will be available to businesses in the Zone.
(f) An analysis as to whether the available or planned public works system will be able to support the Zone.
(g) A description of the real property and buildings available in the Zone for market development purposes.
NOTE

Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 42012, 42014 and 42015, Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
§17908. What happens if my recycling market development plan is accepted?
Note     •     History

The Board will review your plan to see if it demonstrates that it is well-developed enough to succeed. If the Board accepts your plan, it qualifies for evaluation in relation to the statewide recycling market development objectives listed in section 17909 of this Article. The Board will select those plans which best support these objectives.
NOTE

Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 42015 and 42020, Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
§17909. What are statewide recycling market development objectives?
Note     •     History

Statewide recycling market development objectives focus on State of California recycled materials market development policy and needs and are defined by the Board prior to the commencement of each designation cycle. The relative importance of these objectives may change from one designation cycle to another to reflect the current recycled materials market. The relative importance of each objective will be stated at the beginning of a designation cycle in the Board's notice of commencement of each designation cycle. Statewide objectives include, but are not limited to:
(a) To extend the landfill capacity available to the applicant's jurisdiction and region.
(b) To encourage advance in recycling technology.
(c) To distribute zones to encourage statewide recycling.
(d) To stimulate the development of markets for recycled materials.
NOTE

Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 42015 and 42019, Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
§17910. What happens if the Board designates my area as a Zone?
Note     •     History

(a) The Board will send you a letter, hereafter referred to as “Notification,” within a minimum of 90 and a maximum of 120 calendar days of the application deadline and tell you whether or not you were selected as a Recycling Market Development Zone. The medial timeframe for sending you notification is 110 calendar days. If the Board designates your area as a Zone, the Notification may state that the designation is conditional and specify certain conditions that you must satisfy in order to receive final designation from the Board.
(b) Actions you must complete within 90 calendar days prior to receiving final designation may include, but are not limited to, the following:
(1) You must submit copies of all finalized multi-jurisdictional agreements.
(2) You must demonstrate compliance with the California Environmental Quality Act.
NOTE

Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 42014 and 42015, Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment filed 9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§17911. I have completed all conditions listed in my Notification. When can I get final designation?
Note     •     History

(a) After you satisfy all the conditions in your Notification, you must apply in writing for final designation. The Board must receive your request for final designation within 120 calendar days from the date of the Notification. Your request for final designation must document that you meet the conditions that were specified in your Notification. The Board will make its determination within a minimum of 45 calendar days and a maximum of 90 calendar days of receipt of your request for final designation. The median timeframe is 75 calendar days.
(b) If you do not satisfy all the conditions of your Notification within the 120 calendar day time period, you will forfeit your designation status.
NOTE

Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 42014 and 42015, Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment filed 9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§17912. When does my final designation become effective?
Note     •     History

Your final designation becomes effective on the date the Board awards final designation. At that time, you become eligible to receive low-interest loans pursuant to section 42145, Public Resources Code.
NOTE

Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Section 42014, Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
§17913. Do I have to submit regular reports?
Note     •     History

Yes. By March 31 of each year, you must submit a report to the Board. At a minimum, the report must include the following:
(a) The names and addresses of the recycling businesses in the Zone, and 
(b) The types and amounts of postconsumer or secondary waste materials used as feedstock by recycling businesses in the Zone.
(c) Any marketing efforts undertaken and the outcomes of these efforts.
NOTE

Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Section 40507, Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment filed 9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§17913.5. Can a Zone Terminate Its Zone Designation?
Note     •     History

Yes, a Zone can terminate its Zone designation. A zone that wishes to terminate its Zone designation, must submit the following:
(a) A letter from the Zone Administrator requesting termination of Zone designation.
(b) Copies of resolutions or ordinances from each affected jurisdiction within the zone boundaries requesting termination of Zone designation.
Within 14 calendar days of receiving the above documents, Board staff will review the documents to make sure that the requirements in sections (a) and (b) above have been met. Upon determination that the requirements have been met, a letter will be sent to the Zone Administrator informing that Zone related services by the Board will cease and the Zone designation has been terminated.
NOTE

Authority cited: Sections 40502 and 42023, Public Resources Code. Reference: Sections 42013 and 42014, Public Resources Code.
HISTORY

1. New section filed 9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§17914. Can a Zone be redesignated?
Note     •     History

Yes, the Board may redesignate a Zone.  The Zone Administrator must submit an application to the Board describing proposed changes to the existing Zone plan.  Changes to an existing Zone plan may include, but are not limited to: a request for renewal of a current Zone designation; any request for approval of an expansion or reduction or change in boundaries of a Zone. For redesignation applications that seek renewal of a current Zone designation, a completed application must be submitted to the Board at least 60 calendar days prior to the Zone's expiration date. Each application for redesignation must include, but is not limited to, the following:
(a) The name(s) and address(es) of the redesignation applicant or applicants and the Zone Administrator.
(b) A statement of the purpose for submitting the redesignation application, selected from the following categories: 
(1) renewal of designation, or
(2) zone expansion, or
(3) reduction or
(4) change in boundaries.
(c) Documents depicting the location of the proposed redesignation area, as follows:
(1) A description of the redesignation area's boundaries and location within the State of California,
(2) A street map identifying the streets that mark the boundaries of the redesignation area on a street map, and
(3) For redesignation categories (1), (2), (3) and (4) listed in section (b) above, copies of the existing general zoning and land use maps for the proposed redesignation area and the area immediately surrounding it. Clear identification of the boundaries of the proposed changes to the Zone should be on the maps;
(d) For redesignation categories (1), and (2), listed in section (b) above, a copy of the Notice of Determination which has been filed with the State Clearinghouse in the Office of Planning and Research as evidence of compliance with the California Environmental Quality Act (Public Resources Code sections 21000 et seq.) as it applies to the proposed changes in the Zone.
(1) Copies of any multi-jurisdictional agreements that pertain to the administration of an existing Zone.
(2) A statement demonstrating the Zone's commitment to environmental justice and to protecting the environment and public health and safety in a manner that does not unfairly affect any low-income and minority populations.
(e) For a redesignation application submitted to obtain renewal of a designation. 
(1) A discussion of why redesignation is sought 
(2) A copy of the resolution or ordinance from each governing body having jurisdiction over areas included in the Zone boundaries that makes the findings required by Section 42010(b) of the Public Resources Code;
(3) Copies of any multi-jurisdictional agreements that pertain to the administration of the existing Zone.
(4) An updated Market Development Plan that meets the requirements in CCR Section 17907(a)-(g).
(f) For a redesignation application that will result in expansion of a Zone:
(1) A statement of justification concerning why the expansion is necessary, how it will complement the existing Zone, and how this proposed expansion will create additional markets for recyclable materials;
(2) Copies of resolutions from each governing body having jurisdiction over any portion of the current Zone for which redesignation is being requested that supports the proposed expansion;
(3) Copies of resolutions or ordinances from each governing body having jurisdiction over areas not currently included in the Zone boundary that makes the findings required by Section 42010(b) of the Public Resources Code; and
(4) A Supplemental Recycling Market Development Plan which shall include, but is not limited to, the following:
(A) An analysis of how the new area of the Zone will be supplied with the necessary feedstock to support the number and types of businesses planned for development within the Zone.
(B) A marketing plan that describes how the new area of the Zone will attract new businesses, and expand existing businesses.
(C) A description of how the new area of the Zone will be funded and fit into the organizational structure of the current Zone, and an organizational chart of the proposed Zone.
(D) A description of the incentives the local governments plan to offer to businesses in the new area of the Zone.
(E) A description of the financial support that will be available to businesses in the new area of the Zone.
(F) An analysis of the available or planned public works systems that will be available to support the new area of the Zone.
(G) A description of the real property and buildings available in the new area of the Zone for market development purposes.
(5) Letters of commitment and support for the new Zone area, from jurisdiction entities having a role to play in implementing the expanded Zone's Market Development Plan.
(g) For redesignation applications submitted that will result in reduction in the area of a Zone, a description of the proposed change in the Zone boundaries and a copy of the resolution or ordinance from each governing body having jurisdiction over the area of the reduction.
(h) For redesignation applications submitted that will result in change in boundaries of a zone,
(1) A description of the proposed change in the Zone boundaries
(2) Copy of the resolution or ordinance from the jurisdiction having governing authority on the proposed change in boundaries.
(3) A statement describing how you intend to satisfy the California Environmental Quality Act or demonstration of California Environmental Quality Act compliance.
(4) A statement demonstrating the Zone's commitment to environmental justice and to protecting the environment and public health and safety in a manner that does not unfairly affect any low-income and minority populations.
NOTE

Authority cited: Sections 40502, 42013, 42014 and 71110, Public Resources Code.  Reference: Sections 42010, 42012, 42014, 42015, 42016 and 71110(a), Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 3-7-94 (Register 94, No. 10).
2. Amendment of first paragraph and subsection (a), repealer and new subsections (b)-(f), new subsections (g)-(h), and amendment of Note filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
3. Amendment of section and Note filed 9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§17914.5. What is the Board's process for reviewing Zone redesignation applications and redesignating Zones?
Note     •     History

(a) Upon receipt of your application for redesignation, the Board will review the application to determine that it is complete.  Within 21 calendar days of receiving an application for redesignation, the Board will send an Initial Review Letter to the applicant, stating that the Board has received the application.
The minimum time frame for completing the Initial Review is seven calendar days.  The median time frame is 14 calendar days.  The maximum time frame is 21 calendar days.
The Initial Review Letter will notify each applicant of the date that the application was received, and whether the application is complete or incomplete.  If the application is incomplete, the Initial Review Letter will specify any deficiencies regarding completeness or eligibility and grant the applicant 14 calendar days from the date of the letter to correct the deficiencies and submit the changes to the Board.
The Board must receive the noted changes by 4:00 p.m. on the 14th day from the date the letter is sent.  Within ten calendar days of receiving the additional information requested by staff in the Initial Review Letter, the Board will notify each applicant whether the application is complete or incomplete.
(1) At any time within the 21 day Initial Review period, and prior to receiving the Board's Initial Review Letter, an applicant can make minor administrative changes such as changing the name of a contact person, submitting missing pages or correcting minor errors.
(b) The Board will conduct a Technical Review of the application, to evaluate the Market Development Plan for its technical adequacy and its ability to succeed.  The Technical Review will begin no later than 14 calendar days after the Board's receipt of a complete application for Redesignation. The minimum time frame for completing the Technical Review is seven calendar days.  The median time frame is 14 calendar days.  The maximum time frame is 21 calendar days.
Following the Technical Review, a letter will be sent to the applicant specifying any technical deficiencies in the application.  The applicant shall have 14 calendar days to correct the noted deficiencies and submit changes to the Board.  The Board must receive changes by 4:00 p.m. on the 14th day from the date the letter is sent.
(1) Within the 21 day Technical Review period, and prior to receiving the Board's Technical Review Letter, an applicant may correct technical deficiencies as identified in the technical review of the application such as additional analysis regarding targeted feedstock for market development purposes, development of matching local incentives and sources of funding, property and infrastructure availability, inclusion of clearly stated goals and objectives, specific strategy for business attraction and retention efforts, specific strategy for advertising and promotion of the Zone, and administration and funding sources.
(c) Upon receipt of corrections of technical deficiencies identified in the technical review by staff, the Board will either grant or deny the request for redesignation.  The redesignation will take effect upon the Board's formal approval.
The Board will send a “Notification” letter to the applicant informing it of its decision, within 14 calendar days of its decision.  If an applicant is denied redesignation it may reapply.
(1) If the Board grants conditional redesignation of a Zone, the Notification letter will specify conditions of approval that must be satisfied prior to final redesignation.  The applicant will have 120 calendar  days from the date of the Notification letter to satisfy the conditions of redesignation.
The Board must receive a written request from the Zone applicant for final redesignation. If conditions of redesignation are not satisfied within the 120 calendar day period, redesignation status will not be approved.  The applicant may reapply for redesignation
NOTE

Authority cited: Sections 40502, 42013 and 42014, Public Resources Code. Reference: Sections 42014, 42015 and 42020, Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 3-7-94 (Register 94, No. 10).
2. Amendment of section heading and Note filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
3. Amendment of subsections (a), (b) and (c)(1) filed 9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§17915. Do composting industries qualify for the incentives offered in a Recycling Market Development Zone?
Note     •     History

Yes.
NOTE

Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Section 42013, Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
§17916. Resource Recovery Facility (Site).
History

HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17917. Solid Wastes or Wastes.
History

HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17918. Solid Waste Management.
History

HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17919. Transfer Station.
History

HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17920. Waste Processing Facility (Site).
History

HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17921. Environmental Impact Report Notice of Completion.
History

HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100 title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17925. Purpose.
History

HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17926. Filing of Notice of Intent.
History

HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17927. Facility Location and Information.
History

HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17928. Land Use Approval.
History

HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17929. Justification of Need.
History

HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
Article 1.1. Recycling Market  Development Revolving Loan Program
§17930. Purpose of the Recycling Market Development Revolving Loan Program.
Note     •     History

The Recycling Market Development Revolving Loan Program (Program) provides an alternative source of financing for recycling-based businesses, non-profit organizations, and public entities to increase the diversion of non-hazardous solid waste from California landfills and to promote market demand for secondary and postconsumer materials. It assists the Board and local agencies comply with Public Resources Code Sections 40051 and 41780, respectively, and helps local Recycling Market Development Zones (RMDZs) meet the market development goals identified in their recycling market development plans, required by Section 17907 of this Chapter, by fostering recycling-based business development within the RMDZs.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 42010 and 42023.1, Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48). For prior history, see Register 91, No. 14.
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment of article heading, section heading and section filed 9-15-97; operative 9-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 38).
4. Amendment of section and Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17931. Definitions.
Note     •     History

(a) “Applicant” means an entity that is applying for a Loan.
(b) “Application” means the information an Applicant must provide to the Board when seeking a loan.
(c) “Board Loan Committee” or “Loan Committee” means the committee referred to and established in Section 17935.5 of this Chapter.
(d) “Borrower” means an Applicant whose application has been approved and who has executed a Loan Agreement.
(e) “Board” means California Integrated Waste Management Board.
(f) “CEQA” is the California Environmental Quality Act found in Public Resources Code Sections 21000, et seq.
(g) “Capital Improvements” means physical improvements to publicly owned land, including buildings, structures and fixtures or attachments of a permanent or semi-permanent nature, including large equipment, erected on and affixed to the land.
(h) “Designation” means a Zone Applicant has received written notification from the Board stating it has satisfactorily completed all the requirements for designation as a Recycling Market Development Zone.
(i) “Infrastructure” means the basic facilities, such as sewer, water, transportation, and utility systems.
(j) “Loan” means a loan from the Recycling Market Development Revolving Loan Subaccount or the California Tire Recycling Management Fund.
(k) “Loan Agreement” means a written agreement between a Borrower and the Board for a Loan made in accordance with this Article.
(l) “May” means a provision is permissive.
(m) “Must” means a provision is mandatory.
(n) “Onerous Debt” means debt with high interest rates and/or short terms that causes a negative impact on the Borrower's cash flow and jeopardizes the Borrower's ability to convert to or expand its diversion of recycled or secondary material.
(o) “Phase I Assessment” means an assessment to be completed by a specialized engineering or consulting firm that provides a professional opinion, based on obvious evidence, as to the past and potential usage, storage, handling, or disposal of materials within the property that have been or may be toxic or hazardous, or may cause violations of state and/or federal laws, rules, or regulations pertaining to soil and water quality; and to identify past and potential off-site contaminant sources that did have, or may have an adverse environmental impact on the property. The assessment may be performed at the time of loan application or at any time during the life of the loan, as determined necessary by the Board. Hazardous materials and wastes that are to be identified include those meeting the definitions of Public Resources Code Section 40141 and Health and Safety Code Sections 25117 and 25501(k).
(p) “Postconsumer waste material” is defined in Public Resources Code Section 42002(b).
(q) “Project” means the activity for which a loan is requested.
(r) “Recycling Market Development Zone” or “Zone” is a geographic area as defined by Public Resources Code Section 42002(d).
(s) “Reuse” means to take a product, rather than a material, which has served its useful life or is factory defective, and provide some new value to the product, by reconditioning, reprocessing, or some other process which makes the product usable again for its original intended purpose.
(t) “Secondary waste material” is defined in Public Resources Code Section 42002(f).
(u) “Source reduction” is defined in Public Resources Code Section 40196.
(v) “Value added product” means an item which has increased in value or changed its character or composition through a manufacturing or reuse process. Collecting, sorting and/or baling of recycled or recovered materials for convenience or ease of transportation does not constitute adding value.
(w) “Zone administrator” is defined in Section 17901(j) of this Chapter.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 42023.1 and 42023.4, Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48). For prior history, see Register 91, No. 14.
2. Change without regulatory effect amending  subsections (r)-(t) and Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment of subsections (c), (s) and (t) and amendment of Note filed 9-15-97; operative 9-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 38).
4. Amendment filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
5. Amendment of subsection (a), repealer of subsection (h), subsection relettering and amendment of Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17932. Eligible Applicants.
Note     •     History

An eligible applicant is one whose project is located within the boundaries of the Recycling Market Development Zone. In the case of mobile operations, the primary business location for the project must be located within the boundaries of the Recycling Market Development Zone. Eligible applicants include:
(a) Businesses and not-for-profit organizations who: 
(1) Practice, or propose to practice, appropriate source reduction; or
(2) Use or propose to use postconsumer or secondary waste materials to produce a value added product.
(b) Local governments or agencies who seek to provide infrastructure and/or capital improvements in support of organizations referred to Subsection (a) of this section.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.1, Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48). For prior history, see Register 91, No. 14.
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment of section and Note filed 9-15-97; operative 9-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 38).
4. Amendment filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
5. Amendment of first paragraph and Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17932.1. Tire Recycling Projects.
Note     •     History

Loans made with funds from the California Tire Recycling Management Fund may be carried out in accordance with the process and/or eligibility criteria set forth in this Article and Public Resources Code Sections 42872-42875.
NOTE

Authority cited: Sections 40502 and 42881, Public Resources Code. Reference: Sections 42872, 42873 and 42874, Public Resources Code.
HISTORY

1. New section filed 6-14-93; operative 6-14-93 (Register 93, No. 25).
2. Repealer and new section filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
§17933. Priority Projects.
Note     •     History

Priority consideration shall be given to those projects that meet the following criteria:
(a) Demonstrate an ability to repay the loan; 
(b) Increase market demand for the secondary or postconsumer waste material used in the project; 
(c) Satisfy additional statewide recycling market development objectives as described in Section 17909 of this Chapter; and 
(d) Satisfy additional priorities that are determined by the Board.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.1, Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending  subsection (1) and Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
4. Amendment of section and Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17934. Loan Amounts.
Note     •     History

The maximum loan amount is three-fourths (3/4) of the cost of each project, not to exceed two million dollars ($2,000,000).
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4(a)(4), Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
4. Change without regulatory effect amending section filed 4-7-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 14).
5. Repealer and new section and amendment of Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17934.1. Uses of Funds.
Note     •     History

(a) For eligible businesses and not-for-profit organization applicants, loan funds may be used for:
(1) equipment purchases,
(2) real property purchases,
(3) working capital, or
(4) refinancing of onerous debt.
(b) For eligible local governments or agencies, loan funds shall be used only for publicly owned infrastructure and capital improvements located within the Zone which directly support recycling based business activities that would be eligible for a Loan.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.1, Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment of subsections (a) and (b) filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
4. Amendment of Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17934.3. Fees.
Note     •     History

A non-refundable application fee of $300.00 shall accompany each loan application. A loan fee of 3 percent shall be charged upon loan closing. The Board reserves the right to periodically adjust the application and loan origination fees. The application fee and loan fee are considered part of the project cost and may be financed.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.1, Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48).
2. Amendment filed 6-14-93; operative 6-14-93 (Register 93, No. 25).
3. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
4. Amendment of section and Note filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
5. Amendment of Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17934.5. Interest Rate.
Note     •     History

(a) The interest rate for loans is determined by the Board and is based on, but may vary from, the Surplus Money Investment Fund (SMIF) rate. The Board, as it deems appropriate, may adjust the interest rate semiannually, after the SMIF rate is announced by the Controller's Office in January and July of each year. The Board shall keep the interest rate as low as possible, consistent with current market conditions and the long-term sustainability of the Recycling Market Development Revolving Loan Program.
(b) The interest rate for loans funded through leveraging programs pursuant to Article 1.2 will be negotiated between the Board, the leveraging entity, and if applicable the lender.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code.
HISTORY

1. New section filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
2. Amendment of section and Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17935. Application Process.
Note     •     History

(a) Applicants may submit their pre-applications and applications to the Board at any time throughout the year. 
(b) Applicants shall not submit applications for approval by the Board unless a Zone has received designation or redesignation status, as defined in Section 17901(d) of this Chapter.
(c) The applicant may submit a pre-application, as determined by the Board, to obtain a rapid evaluation of applicant's or a project's eligibility, prior to submitting a full application.
(d) The Applicant must submit an application with original signatures to the Board.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48). For prior history, see Register 91, No. 14.
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment filed 9-15-97; operative 9-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 38).
4. Amendment of section and Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17935.1. Application Content.
Note     •     History

(a) All Applicants must apply in writing for a loan. The Board may make a loan application form available to assist applicants in applying for a loan. A complete application may consist of a written request containing the following items:
(1) Characteristics of the business shall include the applicant legal name, physical address, mailing address, contact person's name and phone number, copy of business organizational documents, copies of business licenses and permits, business plan, key ownership and management resumes, list of all owners with percentage owned and titles, authorizations to obtain credit reports, a Recycling Market Development Zone Administrator's acknowledgement of the project; payment of a loan application fee, and certification of compliance with applicable laws and regulations to properly conduct and operate the business in California.
(2) Demonstration of ability to repay shall include the business historical and projected financial statements and income tax returns; key management and ownership personal financial statements and income tax returns; schedules of debts; facility lease agreement or copy of deed of trust on the project site; sources and uses of all project costs. The financial projections shall include a list of assumptions under which they were prepared that are reasonable and can be substantiated. The applicant may need to provide a feasibility study and cost break even analysis accounting for the fixed and variable costs to produce a product including the sales price of the product and the quantity of units that must be produced and sold to achieve a break even and profitable cash flow.
(3) Demonstration of the ability to collateralize the loan shall include a detailed list of assets that will secure the loan with documentation supporting the asset value such as appraisals, purchase orders, invoices, cancelled checks, or similar documents; and ownership verification such as deeds of trust, Uniform Commercial Code financing statements, Ownership Certificates. The Board reserves the right to discount the asset value based on age and remaining expected useful life.
(4) The applicant shall provide documentation to substantiate a matching funds requirement of twenty-five percent or more investment into the project. This shall be achieved by providing purchase orders, invoices, cancelled checks, supplemental financing commitment letters or promissory notes, executed investor agreements with evidence of transfer of funds, or other similar documents.
(5) Description of the project to be financed including the feedstock source, type, quantity and availability, the manufacturing process, end product specifications and marketability, current and projected tonnage of materials to be diverted from California landfills, public environmental reports and indemnification to discern the possible risks which may arise from hazardous waste or materials related to the project or previous operations at the site.
Additional information required from businesses and not-for-profit organizations is described in subsection (b) below. Local government or agency applicants must also provide the information requested in subsections (b) and (c) below.
(b) Applicant shall provide any further information or documentation deemed necessary by the Board to determine the creditworthiness of the Applicant, or the Applicant's ability to secure and repay the loan.
(c) Applications from local governments or agencies must contain the following additional information:
(1) A description of the local government's or agency's activities and responsibilities;
(2) The local government's or agency's annual financial operating statements for the previous three years;
(3) A governing board resolution granting authority to make application to the Board for a loan commitment.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment of section and Note filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
4. Amendment of subsection (a), new subsections (a)(1)-(a)(5) and amendment of Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17935.2. Loan Agreement.
Note     •     History

Each Loan Agreement shall include, but not be limited to, the following terms and conditions:
(a) The interest rate of the loan as specified in Section 17934.5 of this Article.
(b) The term of the loan shall not exceed 10 years when collateralized by assets other than real estate, or not more than 15 years when partially or wholly collateralized by real estate.
(c) A description of the security and conditions.
(d) Timeframes for complying with the conditions of loan closing and any special conditions that must be satisfied prior to, or covenants which must be complied with after, the disbursement of funds.
(e) Identification of what is considered an event of default, including a provision that, upon failure to comply with the loan agreement, or if any information provided by the Applicant is found to be untrue, any remaining unpaid amount of the loan, with accrued interest, will be immediately due and payable, upon determination by the Board.
(f) A provision that the Borrower agrees to waive any claims against and to indemnify and hold harmless the State of California, including the California Integrated Waste Management Board, from and against any and all claims, costs, and expenses stemming from operation, maintenance, or environmental degradation at the site.
(g) Proof of adequate insurance for the business, naming the Board as loss payee, and when appropriate, naming the Board as additional insured, up to the amount of the loan.
(h) Submission of borrower's and guarantor's financial statements and tax returns, diversion reports, business insurance, and worker's compensation insurance, upon request by the Board.
(i) Any other provision needed to properly analyze and document a loan deemed necessary by the Board.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment of subsections (a)-(e) and (g) filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
4. Change without regulatory effect amending subsection (b) filed 4-7-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 14).
5. New subsection (h), subsection relettering, amendment of newly designated subsection (i) and amendment of Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17935.3. Process for Preliminary Review.
Note     •     History

Upon receipt, Board staff shall review each application to determine whether the Applicant and/or Applicant's project is eligible for a loan, pursuant to Section 17932 of this Article, and whether the application is complete, pursuant to Section 17935.1 of this Article. Within 10 working days of receiving the application, the Board staff shall do one of the following:
(a) Send a letter to the Applicant indicating that the application is incomplete, or that the Applicant and/or Applicant's project is ineligible for a loan, and specifying the steps, if any, which the Applicant may take to correct identified deficiencies; or
(b) Notify the Applicant by letter that the Applicant and/or Applicant's project is eligible for a loan, and that the application is complete and shall be evaluated by the Board staff.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
4. New subsection (b) and amendment of Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17935.4. Process for Board Staff Review.
Note     •     History

(a) The Board staff shall prepare an analysis of each application. Applications which meet the following criteria shall be recommended for approval to the Loan Committee, on a first come, first served basis:
(1) The Applicant is found creditworthy, and 
(2) The collateral and the source of repayment are appropriate for the requested loan amount; and
(3) The Applicant has adequately demonstrated the appropriateness of the loan for use in the project as specified in Section 17935.1 of this Article.
(b) Where additional assistance may be needed from the Loan Committee for a determination, staff may forward those applications and analysis to the Loan Committee without a recommendation.
(c) Where the Applicant does not meet the criteria set forth in subsection (a), the Applicant will be notified in writing of its failure to meet the criteria and the process for appeal of the decision.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. New subsection (c) (reserved) and subsection (d) filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
4. Amendment filed 7-30-98; operative 8-29-98 (Register 98, No. 31).
5. Amendment of subsection (a), repealer of subsection (b), subsection relettering and amendment of Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17935.5. Establishment of the Loan Committee.
Note     •     History

(a) A Loan Committee is hereby established to assist the Board in meeting the goals of the Program.
(b) The Loan Committee shall be composed of not more than nine individuals appointed by the Board.
(c) The Loan Committee shall be comprised of a balanced cross-section of individuals from the commercial lending community, both public and private sectors, from throughout the state who demonstrate expertise in financial analysis and credit evaluation.
(d) Members of the Loan Committee shall each be appointed to a three-year term, except that the newly added members terms may be adjusted so that a staggered schedule of terms is established where not more than four members terms shall expire during any single calendar year.
(e) Vacancies shall be filled using the same procedures as used for the initial appointments, and shall be filled for the remaining portion of the respective terms.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Repealer and new section heading and section filed 9-15-97; operative 9-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 38).
4. Amendment of Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17935.55. Process for Loan Committee Review.
Note     •     History

(a) The Loan Committee shall meet monthly or as needed.
(b) The Loan Committee shall evaluate the staff analysis of loan requests presented by Board staff pursuant to the Review Process of section 17935.4 of this Article.
(c) The Loan Committee shall recommend applications for approval based only on their financial soundness and their ability to meet the underwriting criteria as described in Section 17935.4(a) of this Article.
(d) The Loan Committee may advise the Board as requested on other aspects of the loan program.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code.
HISTORY

1. New section filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
2. Amendment of Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17935.6. Board Approval.
Note     •     History

(a) If the Board approves a loan, the Applicant and the Board shall enter into a Loan Agreement pursuant to the terms specified in Section 17935.2 of this Article. Funds shall be disbursed according to the terms of the Loan Agreement.
(b) The Board's loan committee shall be in effect for a period of 90 days following Board approval. The loan commitment may be extended, for cause, for an additional 90 days. Extension of the loan commitment beyond the second 90 day period shall occur only if agreed to by both the Board and the Applicant.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Repealer of subsection (a), subsection relettering, repealer of subsection (c), and new subsection (b) filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
4. Amendment of Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17936. Auditing of Expenditures of Loan Proceeds.
Note     •     History

The Board, or the Department of Finance, may audit the expenditure of the proceeds of any loan made pursuant to this Article.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42024, Public Resources Code.
HISTORY

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48). For prior history, see Register 91, No. 14.
2. Change without regulatory effect amending  Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment of Note filed 9-15-97; operative 9-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 38).
4. Amendment of Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17937. Coordination with the County.
History

HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17938. Determination of Findings by the Board.
History

HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
§17939. Determination of Non-Conformance.
History

HISTORY

1. Change without regulatory effect repealing section filed 3-4-91 pursuant to section 100, title 1, California Code of Regulations; operative 3-4-91 (Register 91, No. 14).
Article 1.2. Leveraging the Recycling Market Development Zone Revolving Loan Fund
§17939.1. Purpose of Leveraging the Revolving Loan Fund.
Note     •     History

The purpose of leveraging Board funds in the Recycling Market Development Revolving Loan Subaccount (Subaccount) is to increase the funding for loans to recycling-based businesses and to promote the long-term sustainability of the Recycling Market Development Revolving Loan Program. Subaccount funds will be used to stimulate more lending by private banks, public institutions and non-profit organizations than the Board could make on its own to recycling-based businesses. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 42023.1, 42023.6 and 42024, Public Resources Code. 
HISTORY

1. New article 1.2 (sections 17939.1-17939.5) and section filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17939.2. Definition.
Note     •     History

“Leverage” and “leveraging” means the expenditure, lending, investment or other uses of funds from the Recycling Market Development Revolving Loan Program Subaccount (Public Resources Code Section 42023.1) in a manner that generates or facilitates the generation of financial capital that is made available as loans to borrowers eligible for loans under the Board's Recycling Market Development Revolving Loan Program as described in Article 1.1 of this Chapter. Leveraging programs increase the number and value of loans for specified purposes beyond that which the Board, acting alone, could make. Typical examples of leveraging include, without limitation, pooling funds by multiple entities under specified arrangements to create a greater supply of loan capital for eligible borrowers, loan guarantee programs where an entity guarantees all or a portion of an eligible loan, and insurance where an entity assures that a loan will be repaid in a timely manner. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40506.1, 42023.1, 42023.6 and 42024, Public Resources Code. 
HISTORY

1. New section filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17939.3. Types of Leveraging Entities and Programs.
Note     •     History

The types of leveraging programs in which the Board may participate, and financing entities with which the Board may contract, include but are not limited to: 
(a) The Capital Access Program, that provides loan default insurance as a credit enhancement, pursuant to Public Resources Code 42023.6. 
(b) The State Small Business Loan Guarantee program, that provides a state guarantee to entice bank and non-bank entities to lend to California small businesses, pursuant to California Corporations Code section 14000 et seq.
(c) Financial Development Corporations (FDC) that issue state loan guarantees, pursuant to California Corporations Code section 14000 et seq. 
(d) Community Development Entities (CDE) for access to the New Markets Tax Credit (NMTC) program, pursuant to Title 1, Subtitle C, Section 121 of the Community Renewal Tax Relief Act of 2000. 
(e) Community Development Financial Institutions (CDFI) for access to the Equity Equivalent Investment (EEI) and Program-Related Investment (PRI) programs, pursuant to Title 12, Chapter 47, Subchapter 1, Section 4701 et seq. of the United States Code.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 42023.1, 42023.6 and 42024, Public Resources Code. 
HISTORY

1. New section filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17939.4. Leveraging Activities.
Note     •     History

The Board may initiate, coordinate or participate in activities, either directly or indirectly, in partnership with public, non-profit or private entities, or by itself, that leverage Recycling Market Development Revolving Loan Program Subaccount (Subaccount) funds. The leveraging of Subaccount funds may include, but is not limited to, the transfer and/or encumbrance of Subaccount funds for leveraging; the establishment of trust accounts for the receipt, retention and expenditure of funds designated for leveraging; the pooling of Subaccount funds with other individual or multiple entities under specified arrangements; the use of Subaccount funds in support of loan guarantee programs, where an entity guarantees all or a portion of an eligible loan, or as insurance where an entity assures that a loan will be repaid in a timely manner; the use of Subaccount funds for grants or loans to public, private or non-profit organizations to implement leveraging programs; and the acceptance of funds from investors and institutions. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 42023.1, 42023.6 and 42024, Public Resources Code. 
HISTORY

1. New section filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17939.5. Loan Sale.
Note     •     History

(a) The Board may sell loans, either in bulk quantity or individually; in whole or in part; on a recourse or non-recourse basis; on an advance commitment, forward, or participation basis; and may retain or relinquish the servicing rights; (b) the Board shall not sell its loans if the loan sale results in more than a twenty-five percent (25%) discount of the principal amount, excluding any expenses or reserves required as a condition of the loan sale; and (c) all proceeds received from the sale of loans shall be deposited into the Recycling Market Development Revolving Loan Program Subaccount. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 40506.1, Public Resources Code. 
HISTORY

1. New section filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
Article 2. Recycling Investment  Tax Credit Program
§17940. Regulatory Effect of Questions.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 2).
2. Change without regulatory effect repealing section filed 3-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 12).
§17941. Recycling Investment Tax Credit Program.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Sections 17052.14 and 23612.5, Revenue and Taxation Code. Reference: Sections 17052.14 and 23612.5, Revenue and Taxation Code.
HISTORY

1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 2).
2. New subsections (f)(1)-(7) and (f)(13)-(14) and subsection renumbering, new subsections (h)(2)(A)-(C) and subsection redesignation filed 10-28-92; operative 11-27-92 (Register 92, No. 44).
3. Change without regulatory effect repealing section filed 3-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 12).
Article 3. Rigid Plastic Packaging Container Program
§17942. Regulatory Effect of Questions and Answers; Effective Dates.
Note     •     History

(a) Both the question and answer in each section have regulatory effect for purposes of implementation and enforcement. In addition to the regulations in this article, statutory provisions contained in §§ 42300 through 42345 of the Public Resources Code govern the Rigid Plastic Packaging Container Program.
(b) The requirements of these regulations go into effect for all rigid plastic packaging containers except those identified in Section 17944.2 on January 1, 1995, and for all calendar years thereafter, if at least 60 percent of the single family homes in the state are served by curbside collection programs that include beverage container recycling by January 1, 1994.
NOTE

Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Section 42300 et seq., Public Resources Code.
HISTORY

1. New article 3 (sections 17942-17949) and section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
§17943. Purpose and Definitions.
Note     •     History

(a) What is the purpose of these regulations?
These regulations provide guidance to those who must comply with the Rigid Plastic Packaging Container Program requirements, and include a description of the procedures that product manufacturers, container manufacturers, resin manufacturers, distributors, and importers must follow to meet reporting, certification, and documentation requirements. These regulations pertain only to rigid plastic packaging containers sold or offered for sale in California, regardless of where the containers or the products they hold are produced.
(b) Definitions.
The following definitions, as well as definitions found in Public Resources Code §§ 42300-42345, apply to the regulations in this Article.
(1) The “Board” means the California Integrated Waste Management Board.
(2) “Capable of Multiple Re-closure” means a rigid plastic packaging container that can be closed and re-closed with its attached or unattached relatively inflexible lid.
(3) “Cosmetic” means those articles pursuant to the federal Food, Drug and Cosmetic Act (21 U.S.C. 321 (i)), and pertinent regulations in effect as of January 1, 1994, which are 1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and 2) articles intended for use as a component of any such articles; except that such term shall not include soap as defined in 21 C.F.R. 701.20(a)(1) and (2). Products intended for cleansing the human body and which are not “soap” as defined in 21 C.F.R. 701.20(a)(1) are classified as “cosmetics.”
(4) “Container Manufacturer” means the manufacturer of any rigid plastic packaging container as defined in Section 17943(b)(30) of this Article.
(5) “Curbside Collection Program” means a recycling program that collects materials set out by homeowners for collection at the curb at intervals not less than every two weeks. “Curbside collection program” does not include redemption centers, buyback locations, drop-off programs, material recovery facilities, or plastic recovery facilities.
(6) “Drugs” mean those articles as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) and pertinent regulations, which are as follows:
articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopeoeia of the United States, or official National Formulary, or any supplement to any of them; and articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; and articles (other than food) intended to affect the structure or any function of the body of man or other animals; and articles intended for use as a component of any article specified in the clauses.
Drugs include prescription, nonprescription, and over-the-counter drugs regulated pursuant to the federal Food, Drug and Cosmetic Act (21 U.S.C. 321).
(7) “Final End User” means the person who purchases a rigid plastic packaging container in order to use the product held by the container. The final end user is that person who removes the product from the container and discards the container. “Person,” includes an individual, firm, organization, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(8) “Food” means those articles as defined in the federal Food, Drug and Cosmetic Act (21 U.S.C. 321(f)) and pertinent regulations, which are used for food or drink for man or other animals, chewing gum, and articles used for components of any such article.
(9) “Infant Formula” as defined in the federal Food, Drug and Cosmetic Act (21 U.S.C. 321(f)) and pertinent regulations, means food which a manufacturer claims is to be used solely as food for infants, because it simulates human milk or is suitable as a substitute for human milk.
(10) “Introduced” means any rigid plastic packaging container or product packaged in rigid plastic packaging containers that are first offered for sale and sold in California after January 1, 1995. Products for which such claims as “new” or “improved” are made and products for which the packaging has been changed by such criteria as size, color, or labeling, are not “introduced” packages or products.
(11) “Label” as used in the definition of product manufacturer, means a display of written, printed or graphic material upon the immediate container of any product.
(12) “Manufacturer” or “Product Manufacturer” means the producer or generator of a product which is sold or offered for sale in the state and which is stored inside of a rigid plastic packaging container. For the purposes of section 17948(a) and 17949(c) and (d) of this Article, “manufacturer” includes all subsidiaries and affiliates.
(A) Identification of the Product Manufacturer, for the purposes of this program, shall be determined by the following hierarchy:
1. When the name of the entity that manufactured the product held by the container is stated on the container label, then that entity shall be considered the product manufacturer.
2. When the container label does not state the entity that manufactured the product held by the container, but the container label does state the distributor of the container, then the distributor shall be considered the product manufacturer.
3. When the container label does not state either the entity that manufactured the product held by the container or the distributor of the container, but the container label states the importer of the container, then the importer shall be considered the product manufacturer.
(B) “Stored” means that the container normally holds the product for more than seven days. For purposes of these regulations, point-of-sale products are not “stored” in a container for more than seven days. 
(C) Any entity whose name may not appear on a label but which has a corporate relationship (i.e., parent/subsidiary or affiliate relationship) with an identified product manufacturer shall be allowed to assume the responsibilities of the product manufacturer as they relate to the requirements of Section 17944. The product manufacturer may be located inside or outside California, and/or inside or outside the United States.
(13) “May” means a provision is permissive.
(14) “Material Type” means broad feedstock categories such as paper, glass, plastic or aluminum. “Material type” does not mean individual plastic resins.
(15) “Measurement Period” means the time period for which compliance is being determined as part of the certification or auditing process described in §§ 17946, 17946.5, and 17947 of this Article.
(A) Unless the reuse or refill compliance options, pursuant to Section 17944, are used, “measurement period” shall be the preceding calendar year. If the reuse or refill compliance option is being used, the product manufacturer may establish another measurement period that is appropriate to the product life cycle. If the product manufacturer establishes a measurement period other than the calendar year, the Board may request documentation to substantiate the basis for the alternative measurement period.
(B) For products introduced for sale in California on any day other than January 1 of any year, the first measurement period for the first year in which the product's containers are required to comply with the program requirements shall be the remaining partial calendar year in which the product was introduced for sale in addition to the following calendar year. For all subsequent years, the measurement period shall be the calendar year, unless either the reuse or refill compliance option is used, in which case the manufacturer may establish a measurement period unique to its product, as described above.
(16) “Medical Device” means the same as it is defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) and pertinent regulations, and includes the following:
(A) any instrument, apparatus, implement, machine, contrivance or implant which is recognized in the National Formulary or United States Pharmacopoeia or any additional supplement thereof,
(B) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease, in man or animal, or
(C) intended to affect the structure or any function of the body of man or animal.
A medical device does not achieve any of its principle intended purposes through chemical action, nor is it dependent upon being metabolized to achieve its intended purpose.
(17) “Medical Food” means the same as it is defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) and pertinent regulations, which includes the following:
(A) foods formulated to be consumed or administered under the supervision of a physician, and
(B) foods intended for specific dietary management of disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation.
For the purposes of these regulations, medical food is food that is consumed or directly placed in the stomach or intestines through a tube, or other food which is used to manage a disease or a medical condition, or food labelled “may be used as the sole source of nutrition” or “may be used as the sole item of the diet”. For the purposes of these regulations, medical food is not food for which popular dietary claims are made such as “low-fat” or “low-sodium.”
(18) “Must” means a provision is mandatory.
(19) “Non-Source Reduced Container” means a container that is not considered source-reduced under the criteria established for this program as found in Sections 17943 (31) and 17946.5(a)(2) and (b)(4) of this Article.
(20) “Original Container” means a rigid plastic packaging container that is holding a product when initially sold to the final end user and which may later be reused or refilled, as used in § 17946.5(b)(2) and (b)(3) of this Article.
(21) “Particular Type Rigid Plastic Packaging Container” is a rigid plastic packaging container which holds a single type of generic product, such as milk or detergent.
(22) “Point-of-Sale Containers” are containers in which products are placed for sale directly to and intended for immediate consumption by the final end-user. 
(23) “Postconsumer Material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end-use and product life cycle. Postconsumer material does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.
Rigid plastic packaging containers holding obsolete or unsold products and post-industrial scrap that is commonly disposed, and not commonly reused within an original manufacturing process, shall be considered postconsumer material when used as feedstock for new products.
Internally generated scrap that has been commonly disposed may be considered postconsumer material if it is later used in a process other than the original manufacturing and fabrication process.
(24) “Product Associated Rigid Plastic Packaging Container” means a brand-specific rigid plastic packaging line which may have one or more sizes, shapes or designs and which is used in conjunction with a particular generic product line. A product associated container holds a brand-specific product such as Brand “X” salad dressing or Brand “Y” automotive oil.
(25) “Recycled” means a product or material which has been diverted from disposal in a landfill and has been reused in the production of another product.
(26) “Recycling Rate” means one of the following:
(A) The proportion, as measured by weight, volume, or number, that a particular type of rigid plastic packaging container sold or offered for sale in the state, such as a milk jug, soft drink container, or detergent bottle, is being recycled in a given calendar year.
This recycling rate calculation includes all rigid plastic packaging containers sold or offered for sale in California that are used to package the generic product for which the particular type recycling rate is calculated.
(B) The proportion, as measured by weight, volume, or number, that a product-associated rigid plastic packaging container sold or offered for sale in the state, is being recycled  in a given calendar year.
(27) “Refillable package” means a rigid plastic packaging container which the Board determines is routinely returned to and refilled by the product manufacturer at least five times with the original product held by the package. For the purpose of this program, the product manufacturer or the product manufacturer's agent may refill a package.
(28) “Replacement product” means a product that is sold with the intent that it be removed from its package in order to replenish the contents of the original container that a consumer purchased that previously held the identical product.
(29) “Reusable package” means a rigid plastic packaging container which the Board determines is routinely reused by consumers at least five times to store the original product contained by the package.
(30) “Rigid Plastic Packaging Container” means any plastic package having a relatively inflexible finite shape or form, with a minimum capacity of eight fluid ounces or its equivalent volume and a maximum capacity of five fluid gallons or its equivalent volume, that is capable of maintaining its shape while holding other products, including, but not limited to, bottles, cartons, and other receptacles, for sale or distribution in the state.
(A) Rigid plastic packaging containers are capable of multiple re-closure, are sold holding a product, and are composed entirely of plastic with the exception of caps, lids, labels and other additives such as pigments, colorants, fillers, and stabilizers that are an integral part of the plastic polymer compound. Plastic caps and lids may be considered to be part of a rigid plastic packaging container at the product manufacturer's discretion.
(B) The total volume of the closed container will establish if the container is within the eight ounce to five gallon size requirements. For those containers measured in liquid or fluid volume, such as fluid ounce, gallon, milliliter, or liter, the product manufacturer may use either the labeled volume or the volumetric volume. The metric equivalent for the following U.S. liquid measures is as follows: eight (8) fluid ounces is equivalent to 236.59006 milliliters, and five (5) gallons is equivalent to 18.9272 liters. Containers for products which are labeled and sold by weight or an item count must be measured for their volumetric equivalency.
(C) “Flexible container” is a container that can be flexed, folded, and twisted, without the aid of tools, without damaging the container.
(D) “Rigid container” is a container which is not a flexible container and has essentially the same shape empty as full.
(E) If it is unclear whether a container is a rigid plastic packaging container, the Board will make that determination on a case by case basis. The Board will make that determination by considering, at a minimum, how the container compares to others that are clearly regulated or excluded by the program.
(31) “Source reduced container” means either of the following:
(A) A rigid plastic packaging container for which the manufacturer seeks compliance as of January 1, 1995, whose package weight per unit or use of product has been reduced by 10 percent when compared with the packaging used for that product by the manufacturer from January 1, 1990, to December 31, 1994.
1. If the product held by the container was sold prior to January 1, 1990, the non-source reduced container weight is the average weight of the container during the first 60 days commencing with the first day of sale in multiple jurisdictions in 1990.
2. If the product held by the container was initially sold on or after January 1, 1990, the non-source reduced weight is the average weight of the container during the first 60 days it was introduced for sale in multiple jurisdictions.
(B) A rigid plastic packaging container for which the manufacturer seeks compliance after January 1, 1995, whose package weight per unit or use of product has been reduced by 10 percent when compared with one of the following:
1. The packaging used for the product by the manufacturer on January 1, 1995.
2. The packaging used for that product by the manufacturer over the course of the first full year of commerce in this state.
3. The packaging used in commerce that same year for similar products whose containers have not been considered source reduced. “Similar products” are the same products held by “particular type rigid plastic packaging containers”, as defined in (21) of this section. The product manufacturer may demonstrate a comparison to “similar products” made by the same product manufacturer or made by another manufacturer.
(C) A rigid plastic packaging container is not a source reduced container for the purposes of this chapter if the packaging reduction was achieved by any of the following:
1. Substituting a different material type for a material which previously constituted the principle material of the container.
2. Increasing a container's weight per unit or use of product after January 1, 1991.
3. Packaging changes that adversely affect the potential for the rigid plastic packaging container to be recycled or to be made of postconsumer material. The Board may review any information provided by the manufacturer to determine if the packaging change adversely affects the potential for the rigid plastic packaging container to be recycled or to be made of postconsumer material.
(D) For the purposes of calculating source reduction, the stated weight of a non-source reduced container used for comparison purposes must be be weight of the actual non-source reduced container used for twelve consecutive months. If the non-source reduced container has not been used for twelve consecutive months, the product manufacturer must provide information to the Board to support its claim if the Board requests supporting documentation as described in Section 17946.5. In addition, the stated weight of the source reduced container must be no greater than the weight of the actual container used for the duration that the source reduction compliance option is used.
1. If the source reduction of the container was achieved by manufacturing the container with a different resin than was used for the non-source reduced container, the new container is considered source reduced for the purpose of this program.
2. Any source reduction achieved by changing the rigid plastic packaging container to a flexible plastic container may be credited to other containers as part of the averaging method of compliance described in Section 17944 (b), Container Requirements.
3. If a rigid plastic packaging container for a specific product is entirely eliminated and the same product is sold in California without any packaging, the source reduction may be credited to other containers as part of the averaging method of compliance described in Section 17944(b), Container Requirements.
NOTE

Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 40170, 42300, 42301, 42310, 42330 and 42340, Public Resources Code.
HISTORY

1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. Change without regulatory effect amending subsections (b)(12)(B) and (b)(22) filed 3-24-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13).
3. Amendment of subsections (b)(26)(A)-(B) filed 9-17-2001 as an emergency; operative 9-17-2001 (Register 2001, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-15-2002 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (b)(26)(A)-(B) refiled 1-16-2002 as an emergency; operative 1-16-2002 (Register 2002, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-2002 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-16-2002 order transmitted to OAL 2-28-2002 and filed 4-10-2002 (Register 2002, No. 15).
6. Change without regulatory effect repealing subsections (a)(26)(A)-(B) and relettering subsections filed 1-31-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 5).
§17944. Container Requirements.
Note     •     History

(a) I am a product manufacturer responsible for ensuring that rigid plastic packaging containers comply with program requirements. What standards must these containers meet?
On or after January 1, 1995, all rigid plastic packaging containers sold or offered for sale in the state must meet one of the following criteria:
(1) Be made from at least 25 percent postconsumer material.
(2) Be recycled at one of the following rates:
(A) All product-associated rigid plastic packaging containers must have a 45 percent recycling rate, or 
(B) All particular-type rigid plastic packaging containers must have a 45 percent recycling rate.
(3) Be reusable or refillable.
(4) Be a source reduced container.
(5) Be a container which contains floral preservative and is subsequently reused by the floral industry for at least two years. This compliance option is only available for containers used by the floral industry in California. Similar containers sold to nurseries, landscapers, retail stores, and other outlets that are not wholesale or retail flower sellers or growers do not qualify for this compliance option.
For purposes of this section, rigid plastic packaging containers that are “sold or offered for sale” in the state refers to rigid plastic packaging containers that are manufactured on or after January 1, 1995, and subsequently sold or offered for sale in California.
(b) Must every rigid plastic packaging container, that is not the subject of waiver pursuant to Section 17944.2(a) or exempt pursuant to Section 17944.5(a) of this Article, meet one of the compliance options listed in subdivision (a) of this section?
No, every rigid plastic packaging container must not individually meet one of the compliance standards. A product manufacturer may achieve compliance for its containers based on an average. This average shall only be allowed for rigid plastic packaging containers for which the same compliance option is used. Averaging may be calculated using either data specific to containers sold and recycled in California or containers sold and recycled nationwide. Manufacturers may average the source reduction, postconsumer material, refill, or reuse options to express compliance for the containers they use.
Averaging may be based on the manufacturer's entire product line or any sub-lines determined by the manufacturer. If averaging is used, every rigid plastic packaging container must be included in an average or comply through another compliance alternative.
NOTE

Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42301, 42310, 42326, 42330 and 42340, Public Resources Code.
HISTORY

1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. New subsection (a)(5) filed 5-30-97; operative 5-30-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
3. Change without regulatory effect repealing subsections (a)(2)(A)-(B), relettering subsections and amending subsection (a)(5) filed 1-31-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 5).
§17944.2. How Will Waivers Be Granted?
Note     •     History

(a) Which rigid plastic packaging containers are eligible for waivers from this program?
Waivers are allowed under the following conditions:
(1) The postconsumer content compliance option is waived for rigid plastic packaging containers if they cannot meet the postconsumer material requirement of § 17944 of this Article and remain in compliance with applicable state and federal regulations, including those adopted by the United States Food and Drug Administration. Containers waived under this condition must comply under another compliance option.
(2) The postconsumer content compliance option of § 17944 of this Article is waived for rigid plastic packaging containers if it is technologically infeasible to use 25 percent postconsumer content. Containers waived under this condition must comply under another compliance option.
(3) All requirements of § 17944 of this Article are waived for a product manufacturer if by January 1, 1995, 50 percent, by number, of the product manufacturer's rigid plastic packaging containers sold or offered for sale in California, contain at least 25 percent postconsumer material, and all the manufacturer's containers will be in compliance using any option listed in Section 17944 on or before January 1, 1996.
(4) All requirements of § 17944 of this Article are waived for an introduced product or package, pursuant to § 17943, for 12 months immediately after the date on which it is first sold or offered for sale in California.
(b) I am a product manufacturer. How do I receive a waiver?
(1) To receive a waiver for your rigid plastic packaging containers pursuant to Section 17944.2(a), you may only petition the Board as part of the compliance verification and auditing process described in Sections 17944.2 and 17947 of this Article. You must submit to the Board by certified mail a written request containing the information below, in order for the Board to consider granting a waiver:
the rigid plastic packaging container(s) for which the waiver is being requested, the basis for the waiver, and the name, mailing address, and telephone number of the person to whom the Board shall direct future communications relating to the petition.
Petitions to the Board for a waiver pursuant to Section 17944.2(a)(5) above must also include the following:
a signed affidavit stating that the product held by the container was introduced into commerce in California after January 1, 1995, and that the product conforms to the “introduced” definition. The affidavit must include the date on which the product was first sold or offered for sale in California. The product manufacturer must supply documentation to substantiate the date of entry to the California marketplace, such as evidence of a California-based media campaign.
(2) Pursuant to section (a)(3) of this section, the Board will grant a general waiver for all product manufacturers that use rigid plastic packaging containers if less than 60 percent of California's single family households have access to curbside collection programs which include beverage container recycling, as described in (a)(3) of this section. You may not petition the Board for this waiver. The Board will consult the Department of Conservation's, Division of Recycling biannually to obtain the information necessary to determine whether this waiver should go into effect. This information shall be made public at the meetings of the California Integrated Waste Management Board and/or the Local Assistance and Planning Committee meetings held in the months of January and July of each year.
(3) Product manufacturers who want a waiver pursuant to Section 17944.2(a)(4) above shall not petition the Board for a waiver. If the Board requests certification and documentation from a product manufacturer that wants to be granted this waiver, the product manufacturer may demonstrate at that time that 50 percent, by number, of its rigid plastic packaging containers sold or offered for sale in California contained at least 25 percent postconsumer material during the calendar year 1995, and all of the manufacturer's containers are in compliance using any option listed in Section 17944 of this Article on or before January 1, 1996.
(c) How will the Board inform a product manufacturer if its petition for a waiver has been accepted or rejected?
Upon receipt of a product manufacturer's petition for a waiver, the Board will review the petition and will convey its finding to the product manufacturer within 60 days. All Board responses shall be in the form of written correspondence directed to the product manufacturer's designated contact person.
NOTE

Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310, 42310.1, 42326 and 42330, Public Resources Code.
HISTORY

1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. Change without regulatory effect repealing subsections (a)(3), (a)(6) and (b)(4) filed 3-24-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13).
3. Change without regulatory effect renumbering former subsections (a)(4)-(5) to (a)(3)-(4) after repeal of former subsection (a)(3) in prior action filed 3-28-97; effective 4-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13).
4. Editorial correction of History 3 (Register 97, No. 17).
§17944.5. Exempt Rigid Plastic Packaging Containers.
Note     •     History

(a) Which rigid plastic packaging containers are exempt from the requirements of this Article?
Pursuant to Public Resources Code § 42340, the following containers are exempt from the requirements of this Article:
(1) Rigid plastic packaging containers produced in or out of the state which are destined for shipment to other destinations outside the state and which remain with the products upon that shipment. “Destined for shipment to other destinations outside the state” means that the sale of the rigid plastic packaging container to the final end user occurs outside California,
(2) Rigid plastic packaging containers that contain drugs, cosmetics, food, medical devices, medical food, or infant formula as defined in the federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), 
(3) Rigid plastic packaging containers that contain products regulated by the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.),
(4) Rigid plastic packaging containers that are manufactured for use in the shipment of hazardous materials and are prohibited from being manufactured with used material by federal packaging material specifications and testing standards set forth in Section 178.509 of Title 49 of the Code of Federal Regulations, or are subject to testing standards set forth in Sections 178.600 to 178.609, inclusive, of Title 49 of the Code of Federal Regulations, or to which recommendations of the United Nations on the transport of dangerous goods are applicable. 
(b) I am a product manufacturer. Must I petition the Board to verify that my rigid plastic packaging containers are exempt from the requirements of this Article?
No,  you are not required to petition the Board to verify that your rigid plastic packaging containers are exempt. If requested by the Board to certify compliance pursuant to section 17946 of this article, you must submit to the Board by certified mail a written response containing the information below:
the rigid plastic packaging container(s) for which the exemption is being claimed, the basis for the exemption, and the name, mailing address, and telephone number of the person to whom the Board shall direct future communication relating to the exemption.
NOTE

Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310, 42326 and 42340, Public Resources Code.
HISTORY

1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. Change without regulatory effect amending subsection (a)(4) filed 3-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 12).
3. Change without regulatory effect amending subsection (a)(2) filed 3-24-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13).
§17945. Who Must Comply With These Regulations?
Note     •     History

(a) Who is responsible for ensuring that the containers regulated by this program are in compliance with the requirements of this Article?
(1) Product manufacturers, pursuant to Section 17943(b)(12) of this Article are responsible for compliance with the requirements of the rigid plastic packaging container program.
(2) Product manufacturers that are responsible only for products exempt under section 17944.5 are required to comply only with section 17944.5(b).
NOTE

Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42301 and 42325, Public Resources Code.
HISTORY

1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
§17946. Who Must Certify That Compliance With This Article Is Met?
Note     •     History

(a) Who must submit certifications?
Product manufacturers, pursuant to Section 17943(b)(12) of this Article, and only upon notification from the Board as described in this section, are required to certify to the Board that the containers that they use comply with the rigid plastic packaging container requirements if they sell or offer for sale a product in a rigid plastic packaging container that is sold to a final end-user in California.
Upon the Board's request, a product manufacturer must submit a Board-supplied product manufacturer certification containing information that includes, but is not limited to, the information described in section (i) below.
A product manufacturer must, in addition, submit a container manufacturer certification if the product manufacturer chooses compliance based on the postconsumer content or source reduction compliance options, pursuant to this section and Sections 17944 and 17946.5 of this Article.
Container manufacturers must supply a certification to product manufacturers that includes the information described in section (h) below, if the container manufacturer produces rigid plastic packaging containers that either
(1) Meet the postconsumer material compliance option, or
(2) Meet the source reduction compliance option where the source reduction was achieved by reducing the weight of the containers used for a specific amount (ounces, grams, etc.) of product.
Proprietary information included in a certification submitted to the Board as required by this Article shall not be made available to the general public. The Board's procedures for protection of proprietary information can be found in section 17948.
(b) When must certifications be submitted?
The Board may request a completed certification from a product manufacturer once per calendar year or once per a product manufacturer's compliance measurement period, pursuant to Section 17943(b)(15) of this Article. The Board shall not initiate requests for certifications until January 1, 1996, and will not require a product manufacturer to submit evidence of its compliance until 90 days after the end of the calendar year or measurement period established pursuant to Section 17943(b)(15).
(c) Where can I get a certification form?
As part of the Board's notification to product manufacturers that they shall submit a compliance certification, the Board will include a product manufacturer certification form and a container manufacturer certification form. The Board will request that compliance certification be made by certified mail.
(d) How will the Board determine which product manufacturers are to submit a rigid plastic packaging container certification form and how will the Board notify product manufacturers of its determination?
In addition to random selection, the Board may use the following criteria to determine when to request a certification form from a product manufacturer: container type, product type held by the container, company size, or receipt of information that causes the Board to suspect that a container is not in compliance. The Board will request a certification of compliance from a product manufacturer in writing.
(e) How long do I have to respond to a Board request for a completed certification forms?
A product manufacturer's completed certification forms must be postmarked no later than 90 calendar days from the date on which the Board's request arrived via certified mail. Product manufacturers may, in writing prior to the due date, request an extension of up to an additional 30 days to respond to the Board's request for certification. An extension may be granted by the Board if the product manufacturer provides the Board with documentary evidence to support its request based on criteria such as corporate acquisitions, corporate reorganizations, difficulty obtaining container information, or catastrophic acts of God, or other criteria deemed acceptable upon the Board's evaluation.
(f) As a product manufacturer, how will I know if my certification forms are complete?
The Board will review the certification forms to determine (1) the completeness of the certification forms; and (2) if not complete, any additional information or documentation needed. The Board will then, via certified mail, notify the product manufacturer as to the completeness of the forms. The Board's notice will state whether any additional information or documentation is required. The product manufacturer will have 30 days after the receipt of the notice to provide the required information or documentation.
(g) If I am a product manufacturer and I wish to claim compliance through the source reduction or postconsumer content options, as described in Section 17944 of this Article, who must provide certification to the Board: I or the container manufacturer?
When the basis for compliance is either the postconsumer material option or the source reduction compliance option where the reduction was achieved by a simple decrease in container weight, then the container manufacturer must provide certification to the product manufacturer. If either of these two compliance options are claimed, you must request the appropriate container manufacturer(s) to complete a Board-supplied container manufacturer certification form. This form will be provided to you with the original request for certification from the Board or at your request. This form must be completed by the container manufacturer, and must accompany your product manufacturer certification form when sent to the Board. The required information to substantiate either of these two compliance claims is described in section (h) below.
Alternatively, if the container manufacturer provides you with all the information described in section (h) below as part of standard business procedures, then that same information may be submitted to the Board in lieu of a completed container manufacturer form supplied by the Board. As with the Board-supplied container manufacturer certification, the information supplied by the container manufacturer to you must be submitted with any product manufacturer certification that is submitted to the Board.
The product manufacturer is responsible for compliance with the requirements in Section 17944, but the container manufacturer is responsible for ensuring the accuracy of any information it provides to you.
(h) If I am a container manufacturer, what type of information must I provide in my certification?
You must provide, at a minimum, the following information:
(1) Your company's name, mailing address, and telephone number, and the name and title of the person responsible for supplying required information;
(2) The name, address, and telephone number of the product manufacturer at whose behest you are completing the certification form and the name and title of the person at that company who requested that you complete a certification form. If you supply a standard form to all customers expressing compliance with either the postconsumer material or source reduction compliance options as described in (g) of this section and which includes the information required in this section, then you do not need to provide the information in the previous sentence;
(3) For compliance with the postconsumer material option, state the following: the percentage of postconsumer material in the containers in question, the total weight of resin used to manufacture the specified containers, and the total weight of postconsumer resin used to manufacture the specified containers.
(4) For compliance with the source reduction option that was achieved by a simple reduction in container weight, state the following: the percentage of weight reduction for the containers, and the average weight of the containers of the packaging line before and after source reduction occurred.
(5) Any other information the Board determines is necessary to verify compliance.
(6) The certification must be submitted under penalty of perjury, according to the following format:
“I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”
(Date)___________(Signature)_______________________________
(i) If I am a product manufacturer, what type of information must I provide in my certification?
The information submitted on a Board-supplied product manufacturer certification form shall include, but not be limited to, the following:
(1) Your company's name, mailing address, and telephone number, and the name and title of the person responsible for supplying the required information;
(2) The advertised name of your product containers regulated by this article and the resin type used for the containers;
(3) The compliance option, as described in Sections 17943 and 17944 of this Article, used to attain compliance or a statement that the product container is not in compliance with program requirements. The information you are required to provide depends on the compliance option used.
(A) For compliance with the postconsumer material option, state the percentage of postconsumer material in the containers for which you claim compliance.
(B) For compliance with any of the recycling rate options, state which recycling rate option was used, the recycling rate achieved, and a description of the products held by the containers that have achieved the stated rate.
(C) For compliance with the reuse option, state the average number of times the container was reused.
(D) For compliance with the reuse option, state the average number of times the container was refilled.
(E) For compliance with the source reduction option where the source reduction was achieved by either concentrating the product, or achieved by a combination of concentrating the product and reducing the weight of the container that holds the product, you must provide the following:
1. The percentage the container was source reduced, and
2. The average weight per unit of product or the average weight per use of product before the source reduction was made and the average weight per unit of product or the average weight per use of product after the source reduction was made.
(4) Any other information the Board determines is necessary to verify compliance.
(5) The certification must be submitted under penalty of perjury, according to the following format:
“I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”
(Date)___________(Signature)_______________________________
NOTE

Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42320, 42321, 42323 and 42325, Public Resources Code.
HISTORY

1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. Change without regulatory effect amending subsection (a)(2) filed 3-24-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13).
3. Amendment of subsections (a) and (e), new subsection (f), subsection relettering and amendment of newly designated subsections (g) and (h)(2) filed 6-2-2003 as an emergency; operative 6-2-2003 (Register 2003, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-30-2003 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 6-2-2003 emergency amendment by operation of Government Code section 11346.1(f) (Register 2004, No. 3).
5. Amendment of subsections (a) and (e), new subsection (f), subsection relettering and amendment of newly designated subsections (g) and (h)(2) filed 1-12-2004; operative 1-12-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 3). 
§17946.5. Documentation Requirements.
Note     •     History

The Board may require product manufacturers and container manufacturers to submit to the Board supporting documentation that substantiates their compliance claims following the receipt of a certification. Except as otherwise stated, documentation to substantiate a compliance claim must be provided for the preceding calendar year.
Proprietary information included in a supporting documentation submitted to the Board as required by this Article shall not be made available to the general public. The Board's procedures for protection of proprietary information can be found in subsection 17948(i).
(a) I am a product manufacturer. What information must I provide to substantiate the certification claims made in response to Section 17946?
The information necessary to substantiate compliance varies depending upon the compliance option selected.
(1) For rigid plastic packaging containers for which the postconsumer material compliance option is claimed, the product manufacturer must provide, at a minimum, the following information:
(A) Certification from the container manufacturer stating the total weight of postconsumer resin in the containers for which compliance is claimed and the total weight of all resin used in the containers for which compliance is claimed. If later requested by the Board, the container manufacturer must provide copies of shipment orders, bills of lading, purchase orders, or other evidence of receipt of postconsumer resin during the previous calendar year for the manufacture of the containers for which compliance is claimed,
(B) The formula and data used to calculate the percentage of postconsumer material in the container. The following formulas may be used, if mathematically appropriate for the subject containers, or the product manufacturer may supply its own appropriate formula:
For a single or multiple container lines:

	Percent of	 total weight of postconsumer resin
	 Postconsumer =	  used in all containers	 x 100
	Material	total weight of postconsumer resin
		used in all containers + total weight of
		all other resins used in all containers
To comply under this option the percent of postconsumer must be equal to or greater than 25.
(C) Any other information from the product manufacturer necessary to substantiate the product manufacturer's claim of compliance with this option.
(2) For rigid plastic containers for which the source reduction compliance option is claimed, the product manufacturer must provide, at a minimum, the following information:
(A) The percentage the container has been source reduced,
(B) The container weight per unit or use of product of the non-source reduced container and the container weight per unit or use of product for the container for which source reduction is claimed,
(C) The formula and data used to calculate the percentage that the containers were source reduced. The following formulas may be used, if mathematically appropriate for the subject containers, or the container manufacturer may supply its own appropriate formula:
Formula to calculate the percentage of a single packaging line:

View Graphic
Formula to calculate the percentage of source reduction for multiple packaging lines:

View Graphic
where:
Wn = average weight or volume capacity of the non-source reduced containers
Un = units or uses of product per non-source reduced container
Ws = average weight or volume capacity of the source reduced containers
Us = units or uses of products per source reduced container
i = each container line complying with this source reduction option
Ni = total annual number of containers in container line i complying with the source reduction option
To comply under this option the Percent Source Reduced must be equal to or greater than 10.
(D) Any other information from the product manufacturer necessary to substantiate the product manufacturer's claim of compliance with this option.
(3) For rigid plastic packaging containers for which the reuse compliance option is claimed, the product manufacturer must provide, at a minimum, the following information:
(A) A statement of the measurement period that was used to quantify the amount that the identified containers were reused, and a quantitative description of how that measurement period was determined;
(B) Copies of sales reports or other evidence that show the following:
1. The total volume or weight of the product sold in the original containers in the established measurement period, and
2. The total volume or weight of the replacement product sold.
Sales reports of the product sold in the original rigid plastic packaging container and sales reports of the replacement product must be identified separately; and
3. If the replacement product is of a different strength than the original product, the product manufacturer must provide the appropriate conversion factor. The conversion factor shall explain the number of uses per weight unit or volume unit of product for both the original product and for the replacement product.
(C) The formula and data used to calculate the number of reuses achieved for the containers. The following formulas may be used, if mathematically appropriate for the subject containers, or the product manufacturer may supply its own appropriate formula:
Formula to calculate the number of reuses for a given measurement period for a single container line:

	Average Reuse Per
	Container Liner 	=	(number of replacement product packages sold) x n
			(number of original containers sold)           
where:

	n	=	the number of times the replacement product  packages will fill the
			original container to accomplish the same number of units or uses 			of product held by the original container.
Formula to calculate the average number of reuses for a given measurement period for multiple container lines: 

	Average Reuse	 S Ri
	Per Container =	 S Oi
where:

	i 	=	each container line seeking this compliance option
	Ri	=	total number of units or uses sold in replacement products packages
			calculated by multiplying the number of units or uses in each 
			replacement package by the number of replacement packages
			sold during the measurement period.
	Oi= 	total number of units or uses sold in original containers calculated
			by multiplying the number of units or uses in each original
			container by the number of original containers sold during the
			measurement period.
To comply under this option, the Average Reuse Per Container must be equal to or greater than 5.
(D) Any other information from the product manufacturer necessary to substantiate the product manufacturer's compliance claim with this option.
Note: This option will demonstrate compliance for the original containers only; the replacement product container must comply under another option.
(4) For rigid plastic packaging containers for which the refill compliance option is claimed, the product manufacturer must provide, at a minimum the following information:
(A) A statement of the measurement period that was used to quantify the amount that the identified containers were refilled, and a quantitative description of how that measurement period was determined;
(B) Copies of sales reports or other evidence which shows the following:
1. The total number of containers sold during the measurement period.
2. The total number of original containers used by the product manufacturer during the established measurement period.
(C) The formula and data used to calculate the number of refills achieved for the containers. The following formulas may be used, if mathematically appropriate for the subject containers, or the product manufacturer may supply its own appropriate formula:
Formula to calculate the number of refills for a given measurement period for a single container:

		number of containers sold during the 
Average Refills Per Container = 	measurement period	
		number of new original containers used by 				the product manufacturer during the 
		 measurement period
Formula to calculate the number of refills for a given measurement period for multiple container lines:

		total weight of all containers sold during the 
Average Refills 	measurement period 	
Per Container =	total weight of all new original containers used during the 		measurement period
To comply with this option, the Average Refills Per Container must be equal to or greater than 6.
(F) Any other information from the product manufacturer necessary to substantiate the product manufacturer's compliance claim with this option.
(5) For rigid plastic containers for which the particular type or product associated recycling rate compliance option is claimed, the product manufacturer must show the recycling rate for that specific particular type of container sold in California and the number of those containers collected in California for recycling. At a minimum, the product manufacturer must do the following:
(A) Present to the Board in writing for its approval the methodology used to determine the sales and recycling figures. This methodology must explain in detail how the figures were derived or obtained. The Board must approve of the methodology prior to its use to determine a particular type or product associated recycling rate. Beginning for compliance year 1996, for any given calendar year, if a product manufacturer elects to base compliance on this option, the methodology must have been submitted to the Board by July 1 of the previous year. A product manufacturer may use the same methodology that the Board adopts to determine the aggregate recycling rate if the product manufacturer can demonstrate how the method is appropriate and comparable.
The Board shall notify the product manufacturer within 60 days of the postmark of the request as to whether the methodology is acceptable. If a methodology is determined to be unacceptable, the Board will provide the rationale for why the methodology is not acceptable and provide suggestions as to how the proposed methodology could be altered to be made acceptable.
(B) Once a methodology has been approved, that same methodology must be used to determine the figures submitted as part of a compliance claim. If the approved methodology is not used and the manufacturer selects this compliance option, the Board may reject the product manufacturer's compliance claim. The methodology remains valid to determine compliance in future years, unless it is modified by the product manufacturer without the Board's approval. Procedures for obtaining authorization for modifying a methodology are identical to those for establishing the initial methodology as stated in this section. The Board may request original data. 
(C) Product manufacturers that use the particular type recycling rate to comply with this program may designate any person as the entity to design the methodology, perform the study, and submit supporting documentation to the Board on behalf of the product manufacturers who are using the particular type rigid plastic packaging containers.
(D) Any other information from the product manufacturer necessary to substantiate the product manufacturer's compliance claim with this option.
(E) To comply under this option, the recycling rate must be equal to or greater than 45 percent.
(6) Product manufacturers using the floral industry compliance option, as specified in section 17944(a)(5), shall submit to the Board for review and approval a methodology showing how affected containers will meet the two year reuse criteria. For 1997, the product manufacturer shall submit the proposed methodology to the Board on or before July 1, 1997. For subsequent years, the manufacturer shall submit the proposed methodology to the Board on or before July 1 of the calendar year immediately prior to the year the manufacturer intends to use this compliance option.
The methodology shall include:
(A) The proposed method used to determine the number of containers sold to the floral industry in California;
(B) The proposed method used to determine the total number of containers sold in California; and
(C) The proposed method used to determine the average reuse (in years) of the containers purchased by the floral industry in California. One acceptable method would be a statistically valid survey of the product manufacturer's floral industry customers, to be conducted by an independent contractor. If this method is used, a copy of the proposed survey form must be included in any submittals to the Board.
(7) Based upon information received related to subdivisions (1) through (6) of this section, the Board may request additional information as it deems necessary.
(b) Can a product manufacturer switch the option it uses to attain compliance for its rigid plastic packaging containers?
A product manufacturer may change the option it uses to attain compliance for its rigid plastic packaging containers one time per calendar year or other established measurement period.
(c) When must I submit supporting documentation to the Board?
Following receipt of your compliance certification, the Board may request that you submit documentation to support your compliance claim. You must submit supporting documentation at the Board's request. If the Board wants you to submit supporting documentation, the Board will mail a request and you will have 60 days following the postmarked date to supply the information. Supporting documentation shall be submitted to the Board by certified mail. If the Board does not request supporting documentation, you should not include it with your compliance certification.
(d) How long must I keep the records required by these regulations?
For all compliance standards used by a product manufacturer other than source reduction, all documentation supporting any compliance claim must be available for at least four years following the end of the compliance period. For source reduction compliance claims, the supporting documentation for the baseline year as specified in subdivision (a)(2) of this section must be available to the Board for at least four years after the product is no longer sold in California.
NOTE

Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310, 42320, 42321 and 42325, Public Resources Code.
HISTORY

1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. New subsections (a)(6)-(a)(6)(C), renumbering and amendment of former subsection (a)(6) to new subsection (a)(7), and amendment of Note  filed 5-30-97; operative 5-30-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
3. Amendment of subsection (d) filed 2-2-2000 as an emergency; operative 2-2-2000 (Register 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-2-2000 order transmitted to OAL 6-1-2000 and filed 7-11-2000 (Register 2000, No. 28).
§17947. Auditing.
Note     •     History

(a) Will the Board audit my certifications?
The Board may audit your certifications. The Board may ask you for supporting documentation as described in Sections 17946 and 17946.5 of this Article.
(b) How will the Board request supporting documentation?
To obtain the information, the Board will mail a request to you. The Board will list the information it needs and explain why the Board needs the information. You will have 60 days following the postmarked date on the Board's request to supply the information.
(c) How will the Board conduct an audit?
If the Board decides to conduct an audit of your records to determine compliance with program requirements, the audit will be conducted based on information you provide to the Board. The Board may request supplemental information from you during the course of the audit, if necessary. The Board will mail you the results within 60 days of the date that the Board receives any supplemental information requested.
(d) What if I fail to provide requested information to the Board?
If you fail to provide the requested information in accordance with this Article, you may be subject to the fines and penalties set forth in Section 17949 of this Article.
NOTE

Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42320 and 42321, Public Resources Code.
HISTORY

1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
§17948. Proprietary Information.
Note     •     History

(a) How will the Board handle confidentiality of information?
(1) Upon the request of a manufacturer or trade association, the Board shall not disclose information, required by Section 17948 as it read prior to January 1, 1997, related to individual manufacturers, to the extent that it may legally be withheld from disclosure. Information related to individual manufacturers may be withheld from disclosure:
(A) if it is found to contain proprietary information pursuant to Public Resources Code Section 42323;
(B) to the extent provided by Government Code Sections 6254(k) and 6255; and
(C) if it constitutes a trade secret as referenced in Public Resources Code Section 40062, Civil Code Section 3426 et seq., and Government Code Section 6254.7.
(2) If the Board receives a written request from a member of the public that the Board disclose data claimed to be trade secret, confidential or proprietary information, or if the Board, upon its own initiative, seeks to disclose such data, the Board shall inform the provider of the information in writing that disclosure of the data is sought, and that a determination is being made as to whether any or all of the information has been properly identified as trade secret, confidential or proprietary information.
(A) If the Board determines that the information is not trade secret, confidential or proprietary information, the Board shall notify the person who furnished the information by certified mail. The person who furnished the information shall have 30 days after receipt of this notice to provide the Board with a complete justification and statement of the grounds on which the trade secret, confidential or proprietary information claim is being made. The justification and statement shall be submitted to the Board by certified mail. The deadline for filing the justification may be extended by the Board upon a showing of good cause made prior to the deadline specified for its receipt.
1. The justification and statement submitted in support of a claim of trade secret, confidential or proprietary information shall include, but is not limited to, the following:
a. a specific description of the data claimed to be entitled to treatment as trade secret, confidential or proprietary information;
b. a statement as to whether it is asserted that the data is a trade secret, is confidential or proprietary information, that disclosure of the data would result in harmful effects on the person's competitive position, and if so, the nature and extent of such anticipated harmful effects;
c. any statutory or regulatory provisions under which the claim of trade secret, confidentiality or proprietary is asserted;
d. the period of time for which trade secret, confidential or proprietary treatment is requested;
e. the extent to which the data has been disclosed to others and whether its trade secret, confidential or proprietary status has been maintained or its release restricted;
f. trade secret, confidentiality or proprietary determinations, if any, made by other public agencies as to all or part of the data and a copy of any such determination, if available.
2. Documentation in support of a claim of trade secret, confidential or proprietary information, as specified in subdivision 1. of this section, may be submitted to the Board prior to the time disclosure is sought.
(B) The Board shall determine whether the information is protected as trade secret, confidential or proprietary information within 15 days after receipt of the justification and statement or, if no justification and statement is filed, within 45 days of the notice required by subdivision (A). The Board shall notify the person who furnished the information and any party who has requested the information pursuant to a public records request of the determination, by certified mail.
(C) If the Board determines that the information is not protected as trade secret, confidential or proprietary information, the notice required by subdivision (B) shall also specify a date, not sooner than 15 days after the date of mailing of the notice, when the information shall be made available to the public.
(3) Except as provided in subdivisions (1) and (2), the Board may release information submitted and designated as trade secret, confidential or proprietary information to the following under the following conditions:
(A) Other governmental agencies, and the Legislature may receive information that has been compiled or aggregated from confidential information, but does not reveal the specific sources of the information, when the information has been requested in connection with a local enforcement agency's or the Board's responsibilities under this division or for use in making reports.
(B) To the state or any state agency in judicial review for enforcement proceedings involving the person furnishing the information.
(4) Should judicial review be sought of a determination issued in accordance with section (2), either the person requesting the data or the person making the claim of trade secret, confidential or proprietary information status in relation to the data, may be made a party to the litigation to justify the determination.
NOTE

Authority cited: Section 6253, Government Code. Sections 40502 and 42325, Public Resources Code. Reference: Sections 6250 et seq., Government Code. Sections 40062 and 42323, Public Resources Code.
HISTORY

1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. Change without regulatory effect amending section heading, repealing subsections (a)-(h)(2), relettering subsections, and amending newly designated subsection (a)(1) filed 3-24-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13).
§17948.5. Letters of Non-Objection.
Note     •     History

NOTE

Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310 and 42323, Public Resources Code.
HISTORY

1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. Change without regulatory effect repealing section filed 3-24-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13).
§17949. Violations and Penalties.
Note     •     History

(a) What may result if I provide the Board with a false or misleading certification?
Pursuant to Public Resources Code 42322, within 30 days of the Board having made a determination that an entity provided the Board with a false or misleading certificate, the Board shall refer that entity to the Attorney General for prosecution for fraud.
(b) What may result if I do not comply with the program requirements?
Any violation is a public offense and is punishable by a fine not to exceed $100,000. In addition, violators may be subject to a civil penalty not to exceed $50,000 per violation. Total fines and penalties are not to exceed $100,000 per annum for each violator. Annually, on and after July 1, 1996, the Board shall publish a list of all violators of these requirements and the amount of the fines they were assessed.
(c) What are the penalties for not complying with program requirements?
Penalties for specified violations of program requirements follow.

View Graphic
(d) For violation (1) how will the degree of noncompliance be determined?
The degree of noncompliance will be determined according to the following point system where the amount of violation will be determined according to the following formula: $50,000 minus $1,800 times number of points or [$50,000--($1,800 x number of points)].
Rigid Plastic Packaging Container Compliance Point System

View Graphic
(e) For violation (2), what criteria will be used to determine penalties for certifications submitted late?
Certifications submitted late will be assessed the following penalties:

	Days Late	Amount of Penalty

	1-30	$1,000
	31-60	$5,000
	More than 60	Up to $50,000
		(Considered nonresponsive)
(f) Are there mitigating factors that the Administrative Law Judge or Board may consider in reducing the penalty amount for any violation?
Yes. The Administrative Law Judge or the Board may consider, but is not limited to considering, evidence of the following, as provided by the product manufacturer:
1. Impact on diversion and sustainable markets.
2. Size of company.
3. Degree of cooperation or noncooperation, including documented efforts to obtain container manufacturer's documentation.
4. Technological feasibility of compliance.
5. History of previous compliance.
NOTE

Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310, 42321 and 42322, Public Resources Code.
HISTORY

1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. Amendment of section heading, repealer of former subsections (c)-(e) and new subsections (c)-(f) filed 6-2-2003 as an emergency; operative 6-2-2003 (Register 2003, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-30-2003 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to 6-2-2003 emergency amendment by operation of Government Code section 11346.1(f) (Register 2004, No. 3).
4. Amendment of section heading, repealer of former subsections (c)-(e) and new subsections (c)-(f) filed 1-12-2004; operative 1-12-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 3). 
Article 4. Recycled Content Newsprint
§17950. Regulatory Effect of Questions and Answers.
Note     •     History

For the purposes of this Article, both the question and answer in each section have regulatory effect for implementation and enforcement. In addition to the regulations in this Article, statutory provisions contained in Sections 40502 and 42750 through 42791 of the Public Resources Code govern the Recycled-Content Newsprint Program.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42760, Public Resources Code.
HISTORY

1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 18).
§17952. Purpose and Definitions.
Note     •     History

(a) What is the purpose of these regulations? These regulations explain what recycled-content newsprint requirements consumers and suppliers of newsprint must meet, and what procedures consumers and suppliers of newsprint must follow to report and certify recycled-content newsprint use. These regulations only pertain to newsprint use within the state of California.
(b) Definitions. Additional definitions may be found in Article 1, Chapter 15, Part 3 of Division 30 of the Public Resources Code.
(1) The Board is the California Integrated Waste Management Board.
(2) A commercial printing and publishing operation is a business located in California, which uses newsprint in its printing or publishing operation. A commercial printer is further defined as a person whose business is classified in the Standard Industrial Classifications Code (SIC), Sections 2752, 2754, or 2759, which are incorporated herein by reference. A commercial publisher is further defined as a person whose business is classified in the Standard Industrial Classifications Code (SIC), Sections 2711, 2721, 2731, or 2741, which are incorporated herein by reference.
(3) A consumer of newsprint means a person, as defined in Public Resources Code section 40170, who uses newsprint in a commercial printing or in a commercial publishing operation.
Public Resources Code 40170 defines “person” as individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(4) Delivery time is the time between placement of a newsprint order and receipt of that order by a consumer of newsprint.
(5) Grade is a class or level of quality of paper or pulp which is ranked, or distinguished from other papers or pulps, on the basis of its use, appearance, quality, manufacturing history, raw materials, or a combination of these factors. Some grades have been officially identified and described and thus are ranked. Others are commonly recognized but lack official definition.
(6) Groundwood Pulp means a material that is produced by taking debarked pulpwood, and forcing it against a revolving grindstone in the presence of water. The abrasive action of the stone reduces the wood to pulp. No chemicals are used in the production of groundwood except for possible bleaching.
(7) Machine Finish is any finish obtained on a paper machine. It may be that of a sheet of paper as it leaves the last drier or as it leaves the calendar stack. It may also be a dry or water finish. When used in conjunction with the name of a grade or type of paper, a machine finish has less than the maximum range of smoothness.
(8) May means a provision is permissive.
(9) A metric ton is 1000 kilograms. To convert pounds to metric tons, divide the number of pounds by 2,204.6.
(10) Must means a provision is mandatory.
(11) Newsprint means uncoated paper, whether supercalendered or machine finished, of the type generally used for, but is not limited to, the publication of newspapers, commercial advertising inserts, directories, or commercial advertising mailers, which is made primarily from mechanical woodpulps combined with some chemical woodpulp. “Newsprint” includes paper made from old newspapers, which have been deinked, using the recycled pulp in lieu of virgin pulp. “Newsprint” includes all grades of paper sold as newsprint, supercalendered (SC) uncoated groundwood, or machine finished (MF) uncoated groundwood.
Grades of newsprint may include, but are not limited to:
(1) Newspaper Newsprint: 52.1 g/m2 through 45.0 g/m2
(2) Lightweight Newsprint: 45.0 g/m2 and lower
(3) Supercalendered and machine finished uncoated groundwood newsprint grades, as follows:
(a) Hi-Brite Newsprint: 48.8 g/m2 and higher, brightness greater than 65%
(b) CPO Newsprint: 45.0 g/m2 through 48.7 g/m2 brightness greater than 65% 
(c) Rotogravure Newsprint: 40.0 g/m2 and higher, roughness less than 60 Sheffield.
(12) A newsprint manufacturer is in the business of making newsprint.
(13) A newsprint supplier is a broker, dealer, or seller of 5 metric tons or more of newsprint per year for use in California. Consumers who supply other consumers with newsprint are not considered suppliers for the purposes of this Article.
(14) Quoted price is defined as the actual purchase price for newsprint; i.e. the price agreed upon by the buyer and the seller, verbally or in writing, which would consummate a sale or purchase.
(15) Recycled Content Newsprint means newsprint in which not less than 40 percent of its fiber consists of postconsumer wastepaper.
(16) A Reporting Period is from January 1 through December 31 of any given year.
(17) A shipment is defined as any quantity of newsprint, regardless of mode of transportation, which is accompanied by an invoice, bill of lading, shipment order, purchase order, or other evidence of shipment. A physical record for every shipment must be received by the company using the newsprint in its commercial printing or publishing operation.
(18) Supercalendered is a finish obtained by passing paper between rolls of a supercalender under pressure. The resulting finish will vary depending upon the raw material used in the paper and the pressure exerted upon it, from that of the highest English finish to a highly glazed surface.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 42750, 42753, 42754, 42755 and 42756, Public Resources Code.
HISTORY

1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code sections 11346.2(d) (Register 92, No. 18).
2. Change without regulatory effect amending subsections (b)(2), (b)(11) and (b)(11)(3) filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
§17954. Who Must Comply with These Regulations?
Note     •     History

Who must comply with these regulations? You must comply with these regulations if you are:
1. A person, as defined by Public Resources Code section 40170, located in California, or
2. A newsprint supplier who is a person, as defined above, who supplies newsprint which will be used in California, or
3. A newsprint manufacturer who is a person, as defined above, who produces newsprint, which will be used in California.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 42750, 42753 and 42772, Public Resources Code.
HISTORY

1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 18).
2. Change without regulatory effect amending item 3. filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
§17956. Who Must Certify?
Note     •     History

These certification requirements apply to printers and publishers, located in California, who use newsprint in their operations. Printing or publishing operations located outside of California are not required to comply with these regulations.
(a) Printer/Publisher Certification of Recycled-Content Newsprint Use to the Board.
(1) If you own or operate a commercial printing establishment located in California, you must annually submit to the Board a completed form CIWMB 430 “Newsprint Consumer Certification” (11/00), which is incorporated herein by reference. (See Appendix A.) This form is due to the Board on March 1 of each year. 
(2) If you own or operate a commercial publishing operation located in California, which also owns or operates a commercial printing operation, you must annually submit a completed Newsprint Consumer Certification, form CIWMB 430 (11/00), to the Board.
(3) Any person owning or operating more than one commercial printing or commercial publishing operation in California may submit one certification for all of its operations. All of the information required by Section 17958(b) of this Article must be itemized for each establishment included in the certification.
(4) If you own or operate a commercial printing operation located in California, but do not do any printing, you are not required to submit a Newsprint Consumer Certification, form CIWMB 430 (11/00), to the Board.
(b) Supplier Certification of Recycled-Content Newsprint to Consumers or other Suppliers.
If, at any time during a year, you supply recycled-content newsprint to commercial printers/publishers located in California, or to other suppliers who may in turn supply such establishments, you must comply with Section 17960 of this Article. Suppliers of newsprint are held accountable for certification according to Section 17960, regardless of their location.
(c) Manufacturer Certification of the Recycled-Content of its Newsprint to the Board.
If you are a person manufacturing recycled-content newsprint for use in California, you must submit a letter to the Board certifying the metric tons of postconsumer wastepaper and/or deinked pulp received or produced at each of your mills producing recycled-content newsprint for use in California during each reporting period. You must also certify to the Board the metric tons of recycled-content newsprint, by grade, which were produced at each of your mills that were shipped for use in California during each reporting period. This letter of certification will be due on March 1 of every year for each reporting period (January 1 through December 31).
(d) Manufacturer Certification of the Recycled-Content to Suppliers/Consumers.
If you are a person manufacturing recycled-content newsprint for use in California, you must certify that the newsprint you ship for use in California is recycled-content newsprint.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 42753, 42772, 42773, 42774 and 42775, Public Resources Code.
HISTORY

1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 18).
2. Change without regulatory effect amending subsections (a)(1), (2) and (4) filed 1-11-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 2).
3. Amendment of subsections (a)(1)-(2) and (a)(4) filed 1-16-96; operative 2-15-96 (Register 96, No. 3).
4. Change without regulatory effect amending subsections (a)(1)-(2) and (a)(4) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
5. Change without regulatory effect amending subsections (a)(1), (a)(2), and (a)(4) filed 6-6-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 23).
6. Change without regulatory effect amending subsections (a)(1), (a)(2), (a)(4) and (c) filed 9-14-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 38).
7. Change without regulatory effect amending section filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
§17958. Newsprint Consumer Requirements.
Note     •     History

(a) I am a consumer of newsprint. What must I do to comply with these regulations? If you are a consumer of newsprint, to comply with these regulations you must:
1. Satisfy the minimum recycled-content newsprint use requirements in Table One below, and
2. Certify to the Board by March 1 of each year that you are meeting these requirements. The first certification is due to the Board by March 1, 1992 for 1991's use. Certification information is listed in subsection (b) of this section.

TABLE ONE: RECYCLED-CONTENT
NEWSPRINT USE REQUIREMENTS

	On and After	Required Use

	January 1, 1991	25 percent
	January 1, 1994	30 percent
	January 1, 1996	35 percent
	January 1, 1998 	40 percent
	January 1, 2000	50 percent
(b) I am a consumer of newsprint located in California. What information must I send to the Board each year for my certification? By March 1 of each year, you must send the following information to the Board on the Board-supplied Newsprint Consumer Certification Form #430 (11/00):
1. Your name, mailing address, physical address, and telephone number;
2. The total metric tons of newsprint not containing forty (40) percent postconsumer fibers used during the preceding calendar year; and
3. The total in metric tons of recycled-content newsprint used during the preceding calendar year;
(c) I am a consumer of newsprint. What records must I keep to comply with these regulations? To comply with these regulations, consumers of newsprint must keep:
1. A copy of every shipment order, bill of lading, invoice, purchase order, or other evidence of shipment,
2. A copy of the annual Newsprint Consumer Certification Form #430 (11/00), that you send to the Board, and
3. A copy of any supplier certification you have received.
(d) How long must consumers of newsprint keep the records required by these regulations? You must keep the records for 3 years after the date of the certification and make them available to the Board upon request.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 42760, 42770 and 42782, Public Resources Code.
HISTORY

1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 18).
2. Amendment of subsection (b), repealer of subsection (b)(4) and amendment of subsection (c)(2) filed 1-16-96; operative 2-15-96 (Register 96, No. 3).
3. Change without regulatory effect amending subsections (b) and (c)2. filed 9-14-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 38).
4. Change without regulatory effect amending subsections (b), (b)2. (c) and (c)2. filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
§17960. Newsprint Supplier Requirements.
Note     •     History

(a) I am a newsprint supplier. When I certify the metric tons of recycled-content newsprint in every shipment to a consumer or other supplier of newsprint, what information must I include? When you certify the metric tons of recycled-content newsprint in every shipment to a newsprint consumer or supplier, you must include:
1. Your name, mailing address, and telephone number,
2. The name and physical address of the consumer or supplier to whom you are sending the newsprint,
3. The name of the newsprint grade, and the date(s) of shipment,
4. Total in metric tons, by grade, of recycled-content newsprint shipped, and
5. Total in metric tons, by grade, of newsprint containing less than forty (40) percent postconsumer wastepaper shipped.
6. If a shipment contains no recycled-content newsprint, the supplier shall so certify.
(b) I am a newsprint supplier who has supplied consumers or other suppliers with recycled-content newsprint. What records must I keep to comply with these regulations? You must keep the following records for each shipment of newsprint you make to a consumer or other supplier of newsprint:
1. The manufacturer's name, address, and mill of production for each grade of newsprint received in each shipment,
2. The name and mailing address of the person from whom you received each shipment prior to your supplying it to others,
3. The name and mailing address of the consumer or supplier to whom you shipped the newsprint,
4. The name of the newsprint grade(s) supplied in each shipment, and the dates of shipment,
5. Total, in metric tons, of each grade of newsprint containing less than forty (40) percent postconsumer wastepaper contained in each shipment,
6. Total, in metric tons, of each grade of recycled-content newsprint contained in each shipment, and
7. Copies of any certifications you send to consumers of newsprint, or to other suppliers.
(c) As a newsprint supplier, how long must I keep the records required by these regulations? If you are a newsprint supplier, you must keep records for 3 years after the date of each certification and make them available to the Board upon request.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 42772 and 42780, Public Resources Code.
HISTORY

1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 18).
2. Change without regulatory effect amending subsections (b)5.-7. filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
§17962. Newsprint Manufacturer Requirements.
Note     •     History

(a) I manufacture recycled-content newsprint, which is used in California. What must I do to comply with these regulations? If you manufacture recycled-content newsprint, which is used in California, you must:
(1) Certify the metric tons of recycled-content newsprint contained in each shipment made to consumers or suppliers, by grade, for use in California. If a shipment contains no recycled-content newsprint, you shall so certify.
(2) Certify to the Board by March 1 of each year the metric tons of postconsumer waste paper and/or deinked pulp received or produced at each of your mills producing recycled-content newsprint for use in California during each reporting period.
(3) Certify to the Board by March 1 of each year the metric tons of recycled-content newsprint, by grade, which were produced at each of your mills, which were shipped for use in California, during each reporting period.
(b) As a manufacturer of recycled-content newsprint, what records must I keep to comply with these regulations? If you are a recycled-content newsprint manufacturer, you must keep copies of any certification you send to suppliers, consumers, or the Board.
(c) As a manufacturer of recycled-content newsprint, how long must I keep the records required by these regulations? You must keep the records for 3 years after the date of the certification and make them available to the Board upon request.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 42772, 42780, Public Resources Code.
HISTORY

1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 18).
2. Change without regulatory effect amending subsections (a)-(a)(1) and (c) filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
§17964. Quality Standards.
Note     •     History

(a) What quality standards does the recycled-content newsprint have to meet? The Board shall establish the comparable quality standards, which the recycled-content newsprint must meet.
(b) How will the Board set its comparable quality standards? In July of each year, the Board will survey newsprint manufacturers who annually sell more than 5,000 metric tons of recycled-content newsprint for use in California. The Board will request samples from each of these manufacturers for each grade of recycled-content newsprint that they produce.
The Board will then conduct testing following the methods of the Technical Association of the Pulp and Paper Industry (TAPPI), and will establish the standards based on the results of the testing. The TAPPI Test Methods T414, T452, and T425, 1986, are incorporated herein by reference, and listed in Table Two below. (See section (e) for additional information about the TAPPI methods).

TABLE TWO: TAPPI TEST METHODS

Specification	Test Method	Units
		
Average of all brightness tests	T452	Percent
Average of all opacity tests	T425	Percent
Average of all cross-machine tear strength tests	T414	Grams

(c) The Board will use the following method to calculate the comparable quality standard for each of the specifications in the newspaper newsprint and lightweight newsprint grades:

Sum of the test results from samples submitted
 by manufacturers	=	________ (1)
Number of manufacturers submitting samples	=	________ (2)
Divide (1) by (2)	=	________ (3)
Multiply (3) by 0.98	=	________ (4)

The figure on line (4) is the minimum comparable quality standard for these grades.
(d) The Board will use the following method to calculate the comparable quality standard for each of the specifications in the supercalendered and machine finished uncoated groundwood grades:

Sum of the test results from samples submitted
 by manufacturers	=	________ (1)
Number of manufacturers submitting samples	=	________ (2)
Divide (1) by (2)	=	________ (3)
Multiply (3) by 1.00	=	________ (4)

The figure on line (4) is the minimum comparable quality standard for these grades.
(e) Where can I find the TAPPI methods for sampling procedures, and the test methods for brightness, printing opacity and cross-machine tear strength? You can find the test methods (T414, T425, T452) in a book called TAPPI Test Methods, Volumes 1 and 2, 1986, published by the Technical Association of the Pulp and Paper Industry, P.O. Box 105113, Atlanta, Georgia, 30348. TAPPI methods can also be found in the Annual Book of the American Society of Testing Materials (ASTM) OM-87, Volume 15.09, 1988.
(f) When will the Board make available the comparable quality standards? The Board will make available the comparable quality standards by November 30 of each year.
(g) For what time period will these comparable quality standards apply? The comparable quality standards made available by November 30 of each year will apply throughout the following calendar year.
NOTE

Authority cited: Sections 40502 and 42775(a), Public Resources Code. Reference: Section 42775(a) and (b), Public Resources Code.
HISTORY

1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 18).
2. Change without regulatory effect amending subsections (a)-(b) filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
§17966. Comparable Price.
Note     •     History

How do I know if the price I have to pay for recycled-content newsprint is a comparable price? The price for a grade of recycled-content newsprint is comparable if the quoted price for the recycled-content newsprint is less than or equal to the quoted price for newsprint which is not recycled-content newsprint. These price comparisons shall be grade-specific and for similar quantities.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42760, Public Resources Code.
HISTORY

1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 18).
§17968. Availability Within a Reasonable Period of Time.
Note     •     History

(a) How will I know if the delivery time promised by a newsprint manufacturer or supplier for recycled-content newsprint is reasonable?
(1) A reasonable delivery time for recycled-content newsprint for a commercial publisher shall be forty-five (45) calendar days.
(2) A reasonable delivery time for recycled-content newsprint for a commercial printer shall be calculated by adding the delivery times in days for all deliveries of newsprint of that grade received by the printer in the prior 30 days, dividing the result by the number of deliveries, and multiplying this result by 1.1. If the quoted delivery time is less than or equal to the final result of your calculation, the quoted delivery time is reasonable.
(b) What if I have not received a shipment of that grade of newsprint in the previous 30 days? If you have not received a shipment of that grade of newsprint within the last 30 days, add all the delivery times for the last 90 days for the calculation. If you have not received a shipment in the last 90 days, substitute delivery times of a comparable grade of newsprint and complete the calculation.
(c) What if I have never received a shipment of that grade of newsprint or any comparable grades? If you have never received a shipment of that grade or any grade comparable, the recycled-content newsprint shall be considered available within a reasonable period of time if the quoted delivery time does not prevent you from performing the job for which you need the newsprint.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42760, Public Resources Code.
HISTORY

1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 18).
§17970. Auditing.
Note     •     History

(a) Will the Board conduct audits of my certifications? The Board may conduct audits of your certifications. The Board may either ask you for additional information, or the Board may conduct an on-site audit.
(b) How will the Board conduct a request for additional information? To get the information, the Board will send you a request by certified mail. The Board will list the information the Board needs and explain why the Board needs the information. You will have thirty days to supply the information.
(c) How will the Board conduct an on-site audit? If the Board decides to audit your records to determine compliance with the statutory requirements, either Board staff or an auditor will conduct the audit. The Board will send you the results within thirty days of the date on which the audit was performed.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42771, Public Resources Code.
HISTORY

1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 18).
§17972. Failure to Meet Goals.
Note     •     History

(a) I am a consumer of newsprint. What happens if I cannot meet the recycled-content newsprint use requirements for any reporting period? If you cannot meet the recycled-content newsprint use requirements for any reporting period, you must give the specific reasons why you did not meet them when you file your certification for that reporting period.
There are only three acceptable reasons, pursuant to Public Resources Code section 42773, for not meeting the recycled-content newsprint use requirements:
1. The recycled-content newsprint did not meet the quality standards established by the Board as defined in Section 17964 of this Article;
2. The recycled-content newsprint was not available at a comparable price, as defined in Section 17966 of this Article, to that for newsprint which is not recycled-content newsprint; or
3. The particular grade of recycled-content newsprint would not have been available in a reasonable time as defined in Section 17968 of this Article.
(b) I was not able to meet the recycled-content newsprint use requirements for a reporting period. In my certification, I am going to use one of the reasons listed above to explain why I did not meet the requirements for recycled-content newsprint use. What steps do I have to take to make this certification in good faith? To make this certification in good faith, you must provide documentation, as described in Public Resources Code section 42773, showing that you contacted newsprint suppliers for the purpose of obtaining recycled-content newsprint. You must list all newsprint suppliers with whom you had purchase discussions, or producers that offered to sell you recycled-content newsprint within the preceding twelve months, on the Board supplied Newsprint Consumer Certification Form #430 (11/00).
(c) I was not able to meet the recycled-content newsprint use requirements for a reporting period. What records do I have to keep to document my claim?
1. If you claim that you did not meet the recycled-content newsprint use requirements because recycled-content newsprint was not available at a comparable price to newsprint which is not recycled-content newsprint, you must keep invoices for the newsprint you purchased for your use and copies of the quoted prices which you received for recycled-content newsprint during that particular reporting period.
2. If you claim that you did not meet the recycled-content newsprint use requirements because the recycled-content newsprint did not meet the comparable quality standards during a particular reporting period, it is your responsibility to document your claim. Examples of documentation include, but are not limited to:
(i) Technical specifications or a letter of certification from the manufacturer of that newsprint demonstrating that the newsprint does not meet the quality standards, or
(ii) A letter of notification to the Board within two days of the date you conclude that the use requirements will not be met. The Board may conduct TAPPI tests, identified in section 17964--Table Two of this Article, to assist you in substantiating your claim. If testing is required, the Board shall inform you of proper shipping and handling procedures for the samples based on the provisions of the particular test to be used.
3. If you are a commercial publisher, and you claim that a grade of recycled-content newsprint was not available within a reasonable period of time during a particular reporting period, you must keep copies of the quoted delivery times which you are claiming were unreasonable.
If you are a commercial printer, and you claim that a grade of recycled-content newsprint was not available within a reasonable period of time during a particular reporting period, you must keep copies of the calculations used to establish your reasonable delivery time for that grade of newsprint and the quoted delivery times which you are claiming were unreasonable.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 42760 and 42773, Public Resources Code.
HISTORY

1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 18).
2. Amendment of subsection (b) filed 1-16-96; operative 2-15-96 (Register 96, No. 3).
3. Change without regulatory effect amending subsection (b) filed 9-14-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 38).
4. Change without regulatory effect amending subsections (a)2., (b) and (c)-(c)1. filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
§17974. Penalties.
Note     •     History

What can happen to me if I make a false or misleading certification or I do not comply with the statutory requirements?
(a) Any person who does not comply with the statutory requirements for this program may be found guilty of an infraction, and/or may be subject to civil penalties. The Board may assess civil penalties of up to $1,000 per violation, subject to notice and hearing.
(b) Late filers and non-filers of Newsprint Consumer Certifications (Form 430) shall be subject to the graduated penalty structure below:
1. Any Consumer of Newsprint who files a certification at least 45 days late will be assessed a $500 civil penalty.
2. Any Consumer of Newsprint who files a certification more than 90 days late and/or fails to file will be assessed a $1,000 civil penalty.
(c) Any civil penalties assessed against a late or non-filer of the Form 430 shall be assessed by the Executive Director.
(d) A Consumer of Newsprint may appeal the penalty assessed above to the full Board within ten (10) working days of receipt of the Notice of Penalty. This appeal must be made in writing and must be addressed to the Executive Director of the Board. The Executive Director shall calendar the appeal for hearing by the Board within thirty (30) days of receipt of the written notification by the Consumer of Newsprint.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42790 and 42791, Public Resources Code.
HISTORY

1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 18).
2. Change without regulatory effect amending form filed 1-11-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 2).
3. Amendment of forms filed 1-16-96; operative 2-15-96 (Register 96, No. 3).
4. Change without regulatory effect moving form to section 18831, appendix A filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
5. Amendment filed 12-22-99; operative 1-21-2000 (Register 99, No. 52).  
Article 5. Recycled Content Trash Bag Program
§17975. Regulatory Effect of Questions and Answers.
Note     •     History

(a) What is the regulatory effect of the questions and answer format? Both the question and answer in each section have regulatory effect for purposes of implementation and enforcement.  In addition to the regulations in this Article, statutory provisions contained in Sections 42290 through 42297 of the Public Resources Code (PRC) govern the Recycled Content Trash Bag Program.
NOTE

Authority cited: Sections 40502 and 42297, Public Resources Code.  Reference: Section 42291, Public Resources Code.
HISTORY

1. New article 5 and section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of section and Note filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
§17976. Purpose and Definitions.
Note     •     History

(a) What is the purpose of these regulations?  These regulations explain the requirements for each manufacturer and wholesaler of trash bags and each supplier of recycled plastic postconsumer material (RPPCM) which is used to manufacture trash bags which are intended for sale or distribution in California. Also included are procedures manufacturers and wholesalers of trash bags and suppliers of recycled plastic postconsumer material (RPPCM) must follow to meet reporting and certification requirements.  These regulations pertain to plastic trash bags which are intended for sale or distribution, or which are sold within California to recycled plastic postconsumer material (RPPCM) used to manufacture plastic trash bags which are sold or intended for sale or distribution in California and other plastic products manufactured by a plastic trash bag manufacturer intended for sale in California.
(b) Definitions.  The following definitions, and the definitions found in Public Resources Code section 42290 apply to the regulations in this Article.
(1) “Actual postconsumer material (APCM)” means the weight, in pounds, of the postconsumer material used in a feedstock to manufacture trash bags.  For example, the weight of actual postconsumer material in 1000 pounds of 100% postconsumer material feedstock would be 1000 pounds.  However, the weight of APCM in 1000 pounds of resin blended from 70% postconsumer material and 30% non-postconsumer material would be 700 pounds (1000 x 0.70 = 700).
(2) “Annual aggregate use” is the sum of all actual postconsumer material (APCM) used to manufacture plastic products, either just the plastic trash bags or all of a manufacturer's plastic products that are used as a basis for compliance pursuant to section 17979.  For example, if the manufacturer chooses section 17979(a)(1)(A)1 to show compliance, and if 10 million pounds of regulated trash bags are intended for sale in California, at least 1 million pounds APCM must be used to manufacture plastic trash bags intended for sale in California during that reporting period.  Furthermore, the APCM may be used in some plastic trash bags and not in others so long as the cumulative use of APCM in plastic trash bags intended for sale in California exceeds 1 million pounds for the reporting period. If the manufacturer uses section 17979(a)(1)(A)2 to show compliance and 10 million pounds of regulated trash bags and 90 million pounds of other plastic products were manufactured and intended for sale in California, at least 30 million pounds (0.30 x (10+90) = 30) APCM must be used to manufacture all of those products during that reporting period.
(3) “Authorized certification signature” means the signature of any one of the following persons who has been designated by the entity to sign a certification on its behalf:
For a corporation--A responsible corporate officer or manager authorized to make management decisions which govern the operation of the certifying facility.
For a partnership or sole proprietorship--The general partner or sole proprietor.
For a government agency--Either the principal executive officer or a designated elected official who is authorized to obligate the entity for purposes of this certification.
(4) “The Board” means the California Integrated Waste Management Board.
(5) “Manufacturer” means a person who manufacturers plastic trash bags for sale in this state. This includes persons who produce plastic trash bags or convert plastic film into trash bags for sale in this state.
(6) “May” means a provision is permissive.
(7) “Must” means a provision is mandatory.
(8) “Plastic trash bag” means a bag that is manufactured for intended use as a container to hold, store, or transport materials to be discarded, composted, or recycled, including, but not limited to, garbage bags, composting bags, lawn and leaf bags, can-liner bags, kitchen bags, compactor bags, and recycling bags.
A plastic trash bag does not include a grocery sack or any other bag that is manufactured for intended use as a container to hold, store, or transport food.
A plastic trash bag does not include any plastic bag that is used for the purpose of containing either of the following wastes:
(a) “Hazardous waste,” as defined in Section 25117 of the Health and Safety Code.
(b) “Medical waste,” as defined in Section 25023.2 of the Health and Safety Code.
(9) “Postconsumer material” means a finished product which would normally be disposed of as a solid waste, having completed its intended end-use and product life cycle.  “Postconsumer material” does not include manufacturing and fabrication scrap.
(10) “Proximate prior usage” means the collected finished product which the postconsumer material was derived from prior to its being processed into recycled plastic postconsumer material for use in a recycled content trash bag. For example, the proximate prior usage of the postconsumer material may have been, dry-cleaner bags, grocery or produce bags, agricultural film, or stretch wrap.
(11) “Recycled plastic postconsumer material (RPPCM)” means a plastic feedstock which is used to manufacture trash bags which contain postconsumer material.  RPPCM may contain any amount (1-100%) of postconsumer material; however, compliance will be determined based on the APCM content of the trash bags.
(12) “Regulated bags” means plastic trash bags, as defined, intended for sale in California, which are at or above 0.70 mil thickness.
(13) “Reporting Period” is from January 1 through December 31 of any calendar year.
(14) A “shipment” is defined as any quantity of trash bags or recycled plastic postconsumer material, regardless of mode of transportation, which is accompanied by an invoice, bill of lading, shipment order, or other evidence of shipment.
(15) A “Supplier” means any person who provides recycled plastic postconsumer material (RPPCM) to a manufacturer of plastic trash bags.
(16) “Wholesaler” means any person who purchases plastic trash bags from a manufacturer for resale in this state. This includes all persons who sell or resell regulated plastic trash bags to retailers, distributors, commercial or industrial users, or governmental entities in California.
NOTE

Authority cited: Section 40502 and 42297, Public Resources Code.  Reference: Sections 42290 and 42291, Public Resources Code.
HISTORY

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of section and Note filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
§17977. Who Must Comply With These Regulations?
Note     •     History

(a) Who must comply with these regulations?  You must comply with these regulations if you are:
(1) A manufacturer or wholesaler of regulated trash bags, or
(2) A supplier of RPPCM who sells material to a manufacturer of regulated trash bags.
NOTE

Authority cited: Sections 40502 and 42297, Public Resources Code.  Reference: Sections 42290, 42291, 42292, 42293 and 42294, Public Resources Code.
HISTORY

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsections (a)(1)-(2) and Note filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending subsection (a)(2) filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
§17978. Who Must Certify?
Note     •     History

Trash bag manufacturers and wholesalers of trash bags must certify annually to the Board on Board-supplied form CIWMB 57 “Plastic Trash Bag Manufacturer Certification” and form CIWMB #58 “Plastic Trash Bag Wholesaler Certification”, respectively, which are described in Sections 17979 and 17979.5, and which are incorporated herein by reference. Suppliers of RPPCM must certify annually to the regulated trash bag manufacturers to whom they sell material. The supplier certification form will not be provided by the Board.
(a) Annual Aggregate Certification Requirements for Manufacturers of Trash Bags--
If you are a manufacturer of regulated trash bags, you must comply with the requirements described in Public Resources Code (PRC) sections 42291, 42292 and 42293.  You must annually submit to the Board a completed Trash Bag Manufacturer Certification Form #57 on or before March 1 (to cover the preceding reporting period) of each year.
(b) Certification Requirements for Wholesalers of Trash Bags--
If you are a wholesaler of trash bags, you must comply with the requirements described in PRC section 42294. You must annually submit to the Board a completed Wholesaler of Trash Bag Certification Form #58 on or before March 1 (to cover the preceding reporting period) of each year.
(c) Certification Requirements for Suppliers of RPPCM--
If you are a supplier of RPPCM who sells material to a manufacturer of regulated trash bags, you must annually provide each manufacturer with the information described in PRC section 42292 and in Section 17980 of this Article. This report is due to each regulated trash bag manufacturer to whom you supplied RPPCM by February 1, (to cover the preceding reporting period) of each year.
NOTE

Authority cited: Sections 40502 and 42297, Public Resources Code.  Reference: Sections 42290, 42291, 42292 and 42293, Public Resources Code.
HISTORY

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of first paragraph and subsection (a), new subsection (b), subsection relettering, and amendment of newly designated subsection (c) and Note filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending first paragraph filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
4. Change without regulatory effect amending section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
§17979. Requirements for Manufacturers of Regulated Trash Bags.
Note     •     History

(a) Manufacturers of Regulated Trash Bags--
(1) I am a manufacturer of regulated trash bags. What must I do to comply with these regulations? To comply with these regulations, you must:
(A) Certify to the Board by March 1 of each year one of the following:
1. That you met the annual aggregate use requirements that plastic trash bags intended for sale in California contained APCM equal to at least 10 percent by weight of the regulated trash bags.
2. That you met the annual aggregate use requirement that 30 percent of the weight of the material used in all of your plastic products intended for sale in California is APCM.
3. Were exempt from meeting the requirements because all of the regulated trash bags you sold in California during the previous reporting period were either:
i. below the minimum gauge standard, or were
ii. hazardous or medical waste bags, or were
iii. non-plastic trash bags.
(B) Provide information upon request to anyone who purchases your trash bags and who must comply with these regulations, that will enable the purchaser to fulfill its certification requirements.
(C) Inform suppliers of RPPCM that the RPPCM being purchased will be reported on a certification to the Board in compliance with these regulations.
(2) I am a manufacturer of regulated trash bags. What information must I send to the Board each year in my certification?
On or before March 1 of each year you must send the following information to the Board for the preceding reporting period in your Trash Bag Manufacturer Certification Form #57:
(A) Identification--
Your company name, headquarters mailing address, every physical address where regulated trash bags were manufactured, contact person, and telephone number.
(B) Certification Information--
1. Total number of plastic trash bags intended for sale in California,
2. Total tons of plastic trash bags intended for sale in California,
3. Total tons of actual postconsumer material used to manufacture all plastic trash bags intended for sale in California, if claiming compliance through section 17979(a)(1)(A)1,
4. Total number of regulated trash bags intended for sale in California,
5. Total tons of regulated trash bags intended for sale in California, if claiming compliance through section 17979(a)(1)(A)1,
6. Total tons of material used to manufacture all plastic products intended for sale in California, if claiming compliance through section 17979(a)(1)(A)2,
7. Total tons of APCM used to manufacture all plastic products intended for sale in California, if claiming compliance through section 17979(a)(1)(A)2,
8. A description of any minimum recycled content mandate(s) of any other local, state, or federal government agencies with which you are required to comply, and the total tons of APCM used to comply with these mandates.
9. The number of regulated trash bags and the tons of regulated trash bags which originated from each physical location from which the manufacturer shipped regulated trash bags,
10. If you produce your own RPPCM, total tons of RPPCM produced during the reporting period, and, for each location where RPPCM is produced: tons of RPPCM, APCM content of RPPCM, and proximate prior usage of APCM,
11. The name and physical location of each supplier of RPPCM,
12. The quantity and proximate prior usage of, and the actual postconsumer material content of, RPPCM purchased for use in regulated trash bags, and
13. A list of any company(ies) to whom you sold RPPCM during the previous reporting period.
(C) Accompanying Documentation
Accompanying documentation, such as, results of an independent audit or certification program regarding your regulated trash bags or the RPPCM you purchased, may be attached.
(D) If applicable -- Manufacturer's Justification of Non-compliance
If a manufacturer of regulated trash bags is unable to obtain sufficient amounts of RPPCM because the material did not meet the quality standards established by the Board or the RPPCM was not available within a reasonable period of time, the manufacturer shall so certify. The information required to make such claims is identified in Sections 17980.5, 17981, 17982 and/or 17983, and 17983.5 of this Article, as applicable.
Additional recordkeeping requirements regarding such claims are in Sections 17982 and/or 17983 of this Article.
NOTE

Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42291, 42292 and 42293, 42298, Public Resources Code.
HISTORY

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of section heading, section and Note filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending subsection (a)(1)(A)1. Table One and Note filed 5-17-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 20).
4. Change without regulatory effect amending section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11). 
5. Change without regulatory effect amending subsections (a)(2), (a)(2)(B)10. and (a)(2)(B)12. filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
6. Change without regulatory effect amending subsections (a)(1)(A)2. and (a)(2)(B)13. filed 2-4-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 6).
§17979.1. Recycled Plastic Postconsumer Material That Cannot Be Used for Compliance.
Note     •     History

Any certification of RPPCM used for compliance with these requirements shall not include any materials that are certified or used for compliance with any other California or federal requirement that requires the use or reporting of RPPCM for plastic products.
NOTE

Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Section 42290.5, Public Resources Code.
HISTORY

1. Change without regulatory effect adding new section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
2. Change without regulatory effect amending section heading filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
§17979.3. Exemption For Trash Bags Using Adhesive, Heat Affixed Straps; Petition for Variance.
Note     •     History

NOTE

Authority cited: Sections 40502, 42297 Public Resources Code. Reference: Section 42298, Public Resources Code.
HISTORY

1. Change without regulatory effect adding new section filed 5-17-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 20).
2. Amendment filed 5-15-97; operative 5-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 20).
3. Change without regulatory effect repealing section filed filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
§17979.5. Requirements for Wholesalers of Regulated Trash Bags.
Note     •     History

(a) Wholesalers of Regulated Trash Bags -- Wholesalers of regulated trash bags who are not also manufacturers of trash bags shall be guided by the following provisions:
(1) I am a wholesaler of regulated trash bags who is not also a manufacturer of trash bags. What information must I send to the Board each year in my certification? On or before March 1 of each year, you must send the following information to the Board for the preceding reporting period on your Trash Bag Wholesaler Certification Form #58: 
(A) Your company name, headquarters mailing address, every physical address from which regulated trash bags were shipped, telephone number, and contact person,
(B) A list of each manufacturer and each other wholesaler from whom you purchased regulated trash bags during the previous reporting period, and,
(C) The number of regulated trash bags and the tons of regulated trash bags shipped from each physical location which were intended for sale or distribution or sold in California for which you are certifying.
(2) I am a wholesaler of regulated trash bags who is not also a manufacturer of regulated trash bags. Must I provide information to other wholesalers regarding the trash bags I sell? Yes, you must provide information upon request to any wholesaler to whom you sell regulated trash bags and who must comply with these regulations. The information must enable the wholesaler to fulfill its certification requirements.
(A) You must also inform manufacturers and wholesaler of regulated trash bags that the trash bags being purchased will be reported on a certification to the Board in compliance with these regulations.
NOTE

Authority cited: Sections 40502 and 42297, Public Resources Code.  Reference: Sections  42290, 42291, 42292, 42293 and 42294, Public Resources Code.
HISTORY

1. New section filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
2. Change without regulatory effect amending subsection (a)(1) filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
§17980. Requirements for Suppliers of Recycled Plastic Postconsumer Material (RPPCM) for Use in Regulated Trash Bags.
Note     •     History

(a) I am a supplier of RPPCM who has sold material to a manufacturer of regulated trash bags who is required to comply with these regulations.  What must I do to comply with these regulations?
To comply with these regulations you must:
Provide each regulated trash bag manufacturer with a statement identifying:
(1) the quantity and proximate prior usage of RPPCM sold for use in the regulated trash bags sold to the manufacturer,
(2) the actual postconsumer material (APCM) content of RPPCM sold for use in the regulated trash bags sold to the manufacturer, and
(3) any other information required of the manufacturer by the Board for the purposes of inclusion in the annual certification to the Board.
NOTE

Authority cited: Sections 40502 and 42297, Public Resources Code.  Reference: Sections  42292 and 42293, Public Resources Code.
HISTORY

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of section heading, subsection (a) and Note, repealer of subsections (a)(1)-(4), and new subsections (a)(1)-(3) filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending section heading and section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
§17980.5. What If I Determine During A Reporting Period That I Cannot Meet The Recycled Plastic Postconsumer Material (RPPCM) Content Requirements?
Note     •     History

(a) I am a manufacturer of regulated trash bags. Will the Board provide me with any assistance if I determine, during a reporting period, that I may not or cannot meet the RPPCM content requirement? If at any time during a reporting period, you determine you may not meet the RPPCM content requirement, you must contact the Board within ten (10) calendar days of making the determination. The Board will supply you with information regarding additional suppliers of RPPCM. Following receipt of the information from the Board, you are required to make a good-faith effort to purchase RPPCM to meet the use requirement from each supplier on the Board-provided list. A good-faith effort must be made with each supplier on the Board's list, in addition to those suppliers you have done business with or are otherwise aware of prior to making the certification in Section 17981.
NOTE

Authority cited: Sections 40502 and 42297, Public Resources Code.  Reference: Sections  42290, 42291, 42292 and 42293, Public Resources Code.
HISTORY

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of section and Note filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending section heading and section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
§17981. Failure To Meet Recycled Plastic Postconsumer Material (RPPCM) Content Requirements.
Note     •     History

(a) I am a manufacturer of regulated trash bags. What must I do if I do not meet the regulatory requirements for any reporting period? If you are unable to obtain sufficient amounts of RPPCM within any reporting period because (1) it did not meet the RPPCM quality standards promulgated by the Board or (2) it was not available within a reasonable period of time, you must certify that fact to the Board.
(b) Must I provide documentation if I am requesting an exemption due to the lack of availability or due to the low quality of RPPCM? Yes, required documentation to support as claim for a quality exemption may be found in Section 17982(f) and required documentation to support a claim for an availability exemption may be found in Section 17983(b).
(c) Must records be kept to document a claim? Yes, records must be kept to assist you in documenting your certification. (See Section 17983.5 of this Article).
NOTE

Authority cited: Sections 40502 and 42297, Public Resources Code.  Reference: Sections  42290, 42291, 42292 and 42293, Public Resources Code.
HISTORY

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsection (a), new subsection (b), subsection relettering, and amendment of newly designated subsection (c) and Note filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending section heading and section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
§17982. Minimum Recycled Plastic Postconsumer Material (RPPCM) Quality Standards.
Note     •     History

(a) What are the Board's minimum recycled plastic postconsumer material quality standards for regulated trash bags? The following recycled postconsumer plastic material quality standards have been developed by the Board for regulated trash bags. The Board will make available the quality standards by December 31 of each year and they will apply for a maximum of two years. The test methods to be used by the Board to determine whether the standards are being met are included with each characteristic, whenever applicable. These minimum specifications are for the plastic RPPCM blended with a minimum of thirty percent (30%) APCM.

(1) Moisture:	750 parts per million (ppm) maximum.
	 Test Method:	ASTM D-4019-88 or equivalent method.

(2) Contamination:	A specification mutually agreed upon by the
		trash bag manufacturer and supplier of RPPCM.
	 Test Method:	A test method mutually agreed upon by the trash
		bag manufacturer and supplier of RPPCM.

(3) Pellet uniformity:	The total number of pellets in a one gram
		sample must not vary more than ten percent
		(+/- 10%) from the average number for five
		samples.
	 Test Method:	A simple count.

(4) Specific gravity:	Resin must be within one percent (+/- 1%) of
		a specific gravity mutually agreed upon by the
		trash bag manufacturer and resin manufacturer.
	 Test method:	ASTM D-792-91, ASTM D-1505-90 or
		equivalent.

(5) Melt Index:	HDPE base resin - 0.25-0.85
		LDPE base resin - 0.25-2.5
		LLDPE base resin - 0.5-2.5, and
		the melt index must not vary by more than
		fifteen percent (+/- 15%) within a shipment,
		and it must be within thirty percent (+/- 30%)
		from shipment to shipment over the length of
		the contract.
		
	Test method:	ASTM D-1238-88, or equivalent.
The ASTM test methods D-4019-88: Standard Test Method for Moisture in Plastics By Coulometry, D-792-91: Standard Test Methods for Density and Specific Gravity (Relative Density) of Plastics By Displacement, D-1505-90: Standard Test methods for Density of Plastics by the Density-Gradient Technique, D-1238-88: Standard Test methods for Flow Rates of Thermoplastics by Extrusion Plastometer are incorporated herein by reference. 
(b) Where can I find the ASTM test methods? You can find ASTM test methods in the annually updated book called Annual Book of ASTM Standards, (ASTM) Section 8, Volume 08.01, published by the American Society for Testing and Materials, 1919 Race Street, Philadelphia, PA 19103-1187, the noted sections of which are herein incorporated by reference. All ASTM tests must be performed with the most recently approved methods. The non-ASTM test methods have yet to be standardized or are self-evident.
(c) What if a mutually agreeable specification cannot be reached between buyer and seller of the RPPCM? If a mutually agreed upon specification cannot be reached in good faith, the trash bag manufacturer must purchase and use RPPCM which meets any past or present specification for RPPCM that the manufacturer has previously used to purchase material.
(d) What if an equivalent test method is mutually agreed upon between buyer and seller of RPPCM and the RPPCM for sale does not pass the test? As long as the equivalent test method was mutually agreed upon by buyer and seller, an exemption claim based upon the failure to purchase the material will be accepted and evaluated by Board staff. If, however, an equivalent lest method is not agreed upon, or problems arise with the test method after an agreement is reached, a trash bag manufacturer may not make a certification pursuant to Section 17981 based on the failure to purchase the material for which the test method was inadequate.
(e) What if a trash bag manufacturer produces its own RPPCM? If a trash bag manufacturer produces enough RPPCM to meet the RPPCM use requirement, the manufacturer may not claim an exemption. If, however, the manufacturer can produce only a portion of the RPPCM it needs to comply with the requirements of this program, the manufacturer may file a request for a exemption if the failure to meet the use requirement was due to the quality or availability of the RPPCM offered for sale.
(f) I wish to certify that I was not able to meet the regulatory requirements because the RPPCM available to me did not meet the Board's quality standards. What must I do to make this certification? For each shipment or sample of RPPCM you rejected or refused to purchase on the basis that it did not meet the Board's minimum RPPCM quality standards, it is your responsibility to document your claim. Required documentation includes all of the following, but is not solely limited to these items:
(1) The list of the suppliers of RPPCM with whom you had purchase discussions after you realized that you might not meet the regulatory requirements, 
(2) Any and all specifications and test methods which were mutually agreed upon between you and your RPPCM suppliers,
(3) Independent test results, product specifications, a letter of certification, or other documentation from each supplier of RPPCM you rejected or refused to purchase on the basis that it did not meet the Board's minimum RPPCM quality standards, demonstrating that the material does not meet the quality standards, 
(4) Performance of ASTM tests, identified in Section 17982(a) of this Article, may be conducted by the Board to assist you in substantiating your claim. If testing is to be done, the Board shall inform you of proper shipping and handling procedures for samples based on the provisions of the particular test to be used,
(5) A written explanation describing the circumstances leading to your decision to reject or refuse to purchase every sample or shipment of rejected or refused RPPCM, and,
(6) A written explanation from the supplier of any sample or shipment of RPPCM describing the quality of the particular material which was rejected or refused by you.
(g) Will the Board periodically review its RPPCM quality standards? Yes, the Board will review its RPPCM quality standards whenever the Board determines it is necessary. The standards will be reviewed at least once every two years until the year 2000.  
NOTE

Authority cited: Sections 40502 and 42297, Public Resources Code.  Reference: Sections 42291, 42295 and 42297, Public Resources Code.
HISTORY

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsections (a)-(a)(2) and (a)(4)-(b), new subsections (c)-(e), subsection relettering, and amendment of newly designated subsections (f)-(g)  and Note filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending section heading and section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
§17983. Availability Within a Reasonable Period of Time.
Note     •     History

(a) What is a reasonable period of time for shipment of RPPCM? The RPPCM shall be considered available within a reasonable period of time if the quoted shipment time will not prevent you from manufacturing the regulated trash bags with RPPCM or the shipment of RPPCM will arrive within sixty (60) days of the RPPCM order date.
(b) I must certify that I was not able to meet the regulatory requirements because RPPCM was not available to me within a reasonable period of time. What records must I keep to document my certification? If you claim that you did not meet the regulatory requirements because RPPCM was not available within a reasonable period of time, it is your responsibility to document each claim. Required documentation for each claim includes, but is not limited to, all of the following:
(1) Copies of your production schedule indicating the date the RPPCM was needed to maintain your production of regulated trash bags,
(2) The quoted shipment times that you are claiming were unreasonable, order date, and quoted delivery date,
(3) RPPCM storage inventory at the regulated trash bag manufacturing facility where the material was to be shipped indicating the material was not otherwise available,
(4) The volume of RPPCM requested in the order, 
(5) A written explanation describing the circumstances contributing to your need to claim an exemption based on the availability of RPPCM,
(6) A written explanation from the supplier of RPPCM describing the availability of the particular material at the time of your negotiations, and,
(7) Additional facts to substantiate that the volume ordered and the timeframe for delivery that were requested were reasonable under normal business practices.
NOTE

Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42291, 42295 and 42297, Public Resources Code.
HISTORY

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsections (b) and (b)(4), new subsections (b)(5)-(6), subsection renumbering, and amendment of Note filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Change without regulatory effect amending subsection (b)(2) filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
§17983.5. Recordkeeping Requirements.
Note     •     History

(a) I am a manufacturer or wholesaler of regulated trash bags. What records must I keep to comply with these regulations? To comply with these regulations, you must keep:
(1) A copy or record of every shipment order, bill of lading, or other evidence of shipment of regulated trash bags you sold to a retailer, distributor, wholesaler, broker, commercial or industrial user, or governmental entity,
(2) A copy or record of every shipment order, bill of lading, or other evidence of shipment of regulated trash bags you purchased from a manufacturer or wholesaler of trash bags,
(3) A copy or record of every shipment order, bill of lading, or other evidence of shipment of RPPCM you purchased or that you sold to another trash bag manufacturer which identifies the APCM contained in the RPPCM,
(4) A copy or record of any documentation you are using to verify a claim for an exemption based upon your assertion that the RPPCM did not meet the quality standards or was not available within a reasonable period of time,
(5) A copy of every annual Certification Form #57 or #58 sent to the Board,
(6) A copy of every certification, or other legal document, required by other local, state, or federal government agencies to satisfy minimum recycled content mandates for trash bags or other plastic products, 
(7) A certification, or other legal document, with an authorized certification signature, as defined in Section 17976(b)(3) of this Article from each supplier of postconsumer material identifying the material as postconsumer material as defined by PRC section 41970(c), and the quantity purchased during the preceding calendar year.
(8) A copy of each statement received from a supplier of RPPCM identifying the quantity and proximate prior usage of, and the actual postconsumer material content of each shipment of RPPCM purchased and any other information the Board requires for purposes of inclusion in the annual certification, and,
(9) Any mutually agreed upon quality standard or delivery time for RPPCM.
(b) I am a supplier of RPPCM. What records must I keep to comply with these regulations? To comply with these regulations, you must keep:
(1) A copy or record of every shipment order, bill of lading, or other evidence of shipment of RPPCM you sold to a manufacturer of regulated trash bags,
(2) A copy or record of every shipment order, bill of lading, or other evidence of shipment of postconsumer material obtained from a hauler, collector, other RPPCM supplier, or collection program.
(3) A certification, or other legal document, signed by a person of authority, from each supplier of postconsumer material identifying the material as postconsumer material as defined by PRC section 41970(c).
(4) A copy of every annual Certification Form #57 or #58 sent to the Board, or other report or certification sent to a manufacturer of regulated trash bags, and,
(5) A copy of each statement required to accompany each type of RPPCM sold to a manufacturer of trash bags which identifies the quantity and proximate prior usage of, and the actual postconsumer material content of, each shipment of that RPPCM type and any other information the Board requires of suppliers for purposes of inclusion in the trash bag manufacturers annual certification.
(c) How long must I keep these records? All records must be kept for three (3) years after the date of certification. The records must be made available to the Board upon request.
NOTE

Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42290, 42291, 42292, 42293 and 42295, Public Resources Code.
HISTORY

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsections (a)-(a)(4), (a)(6)-(7), (b)-(b)(2), and (b)(4), new subsections (a)(8)-(9) and (b)(5), and amendment of Note filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Change without regulatory effect amending subsections (a)(5) and (b)(4) filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
§17984. Auditing.
Note     •     History

(a) Will the Board conduct audits related to my certifications? The Board may include audits related to your certifications. The Board may either request additional information, or the Board may conduct an on-site audit. Each manufacturer, wholesaler or supplier required to provide certification or any information pursuant to this chapter shall be subject to audit by the Board.
(b) How will the Board request additional information? The Board will send you a request for additional information by certified mail. The Board will list the information it needs and explain the need for the information. You will have thirty (30) days from the date of receipt of the request to supply the information.
(c) How will the Board conduct an on-site audit? If the Board decides to audit your records or facilities to determine compliance with the regulatory requirements, either Board staff or the Board's designee will conduct the audit.
NOTE

Authority cited: Sections 40502 and 42297, Public Resources Code.  Reference: Section 42295, Public Resources Code.
HISTORY

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsection (a) and Note filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
§17985. Penalties.
Note     •     History

(a) What may result if I provide the Board with a false or misleading certification? Any person who provides the Board with a false or misleading certification may be prosecuted for fraud by the Attorney General.
(b) What may result if I do not comply with the regulatory requirements? The Board shall publish a list of those not in compliance with the requirements of this Article. Manufacturers and wholesalers of regulated trash bags and suppliers of RPPCM who do not comply with these statutes or regulations may be referred to the Attorney General for prosecution.
NOTE

Authority cited: Sections 40502, 41955 and 42297, Public Resources Code.  Reference: Section 42296 and 42297,  Public Resources Code.
HISTORY

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsection (b) and Note and new forms CIWMB #57 and #58 filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect moving forms to section 18831, appendix A filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
4. Change without regulatory effect amending subsection (b) filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
Article 6. At-Store Recycling Program Recordkeeping, Reporting and Measurement
§17987. Scope.
Note     •     History

These regulations provide guidance to stores subject to the requirements of the At-Store Recycling Program Law (Public Resources Code Sections 42250 et seq.). Under this law, stores, as defined, shall provide at-store recycling opportunities for plastic carryout bags provided to customers by the stores at the point-of-sale, and shall maintain records describing the collection, transport and recycling of plastic bags collected for a minimum of three years. These regulations are designed to clarify the recordkeeping requirements of the law.
NOTE

Authority cited: Sections 40502 and 42252, Public Resources Code. Reference: Section 42252, Public Resources Code.
HISTORY

1. New article 6 (sections 17987-17987.5) and section filed 7-30-2007 as an emergency; operative 7-30-2007 (Register 2007, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2008 or emergency language will be repealed by operation of law on the following day.
2. New article 6 (sections 17987-17987.5) and section refiled 1-28-2008 as an emergency; operative 1-28-2008 (Register 2008, No. 5). A Certificate of Compliance must be transmitted to OAL by 4-28-2008 or emergency language will be repealed by operation of law on the following day.
3. New article 6 (sections 17987-17987.5) and section refiled 4-28-2008 as an emergency; operative 4-28-2008 (Register 2008, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-28-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-28-2008 order transmitted to OAL 7-28-2008 and filed 9-9-2008 (Register 2008, No. 37).
§17987.1. Applicability.
Note     •     History

These regulations do not cover retail establishments that do not meet the definition of a store, or bags that are not plastic carryout bags, as defined. The requirements of the At-Store Recycling Program Law apply only to stores as defined in this Article that provide plastic carryout bags to customers at the point-of-sale.
NOTE

Authority cited: Sections 40502 and 42252, Public Resources Code. Reference: Sections 42250, 42251 and 42252, Public Resources Code.
HISTORY

1. New section filed 7-30-2007 as an emergency; operative 7-30-2007 (Register 2007, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-28-2008 as an emergency; operative 1-28-2008 (Register 2008, No. 5). A Certificate of Compliance must be transmitted to OAL by 4-28-2008 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 4-28-2008 as an emergency; operative 4-28-2008 (Register 2008, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-28-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance, including amendments, as to 4-28-2008 order, transmitted to OAL 7-28-2008 and filed 9-9-2008 (Register 2008, No. 37).
§17987.2. Definitions.
Note     •     History

The following definitions apply to the regulations in this Article. 
(a) “Board” means the California Integrated Waste Management Board.
(b) “Co-Mingled Recycling Rate” means the percentage of plastic carryout bags recycled relative to all other film plastic material including plastic carryout bags recycled as determined by waste characterization studies performed by or on behalf of the Board, or by operators whose calculation methodology has been approved by the Board.
(c) “Compostable Carryout Bag” means a bag provided by a store to customers at the point-of-sale that meets the American Society of Testing and Material Standard D6400 for degradation through biological processes or degrades from the action of naturally occurring microorganisms including, but not limited to, bacteria, fungi and algae. This definition includes any bag labeled in compliance with Chapter 5.7 (commencing with Section 42355) of the Public Resources Code.
(d) “Designated Reporting Party or Parties” means a person authorized by an operator to maintain and report the records and data required by this Article. An operator may have more than one designated reporting party. 
(e) “Local Jurisdiction” means a county, city, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state, but does not include the state government.
(f) “Measurement Period” means the twelve month period beginning on January 1 and ending December 31 of each calendar year.
(g) “Operator” means a person in control of, or having daily responsibility for, the daily operation of a store, as defined in this Article, which may include, but is not limited to, the owner, lessee, or franchisee. An operator may have control of more than one store. 
(h) “Person” means any natural person, corporation, partnership, limited liability company, firm, association, or sole proprietorship.
(i) “Plastic Carryout Bag” means a plastic carryout bag provided by a store to a customer at the point of sale. A compostable carryout bag is not a plastic carryout bag for purposes of this Article.
(j) “Recycler” means a person who takes possession of plastic carryout bags or other film plastic material that has been collected by an operator for the purpose of recycling the plastic carryout bags or film plastic material. Recycler includes, but is not limited to, brokers, refuse haulers, transporters, drop-off centers and local government recycling programs.
(k) “Store” means a retail establishment that provides plastic carryout bags to its customers as a result of the sale of a product and that meets either of the following requirements:
(1) Meets the definition of a “supermarket” as found in section 17987.2(l).
(2) Has over 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code.
(l) “Supermarket” means a full-line, self-service retail store with gross annual sales of at least two million dollars ($2,000,000), and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
NOTE

Authority cited: Sections 40502 and 42252, Public Resources Code. Reference: Sections 42250 and 42252, Public Resources Code.
HISTORY

1. New section filed 7-30-2007 as an emergency; operative 7-30-2007 (Register 2007, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-28-2008 as an emergency; operative 1-28-2008 (Register 2008, No. 5). A Certificate of Compliance must be transmitted to OAL by 4-28-2008 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 4-28-2008 as an emergency; operative 4-28-2008 (Register 2008, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-28-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance, including amendments, as to 4-28-2008 order transmitted to OAL 7-28-2008 and filed 9-9-2008 (Register 2008, No. 37).
§17987.3. Recordkeeping.
Note     •     History

(a) Each operator or its designated reporting party or parties shall maintain the following records:
(1) A record of the weight of all plastic carryout bags purchased and all plastic carryout bas shipped or delivered to each individual store.
(2) A list of store locations under an operator's control that provide plastic carryout bags to customers.
(3) An operator or its designated reporting party or parties shall maintain one of the following types of records depending on whether it is reporting on the actual weight of plastic carryout bags or is reporting the total weight of all film plastic recycled:
(A) A record of the weight of all plastic carryout bags transported, recycled or otherwise sent for recycling; or
(B) A record of the weight of all film plastic transported, recycled or otherwise sent for recycling. This weight shall include all plastic carryout bags that are co-mingled with other types of film plastic.
(4) A copy of every form or report required to be submitted to the Board.
(5) Operators or designated reporting parties using an operator-calculated co-mingled recycling rate shall maintain any records describing the methodology and calculation(s) of the weights of plastic carryout bags and other film plastic materials that were recycled.
(b) Each operator shall be responsible for maintaining the records required by this Article. An operator may allow its designated reporting party to maintain required records, but the operator shall ultimately be responsible for making all records available to the Board or local jurisdiction, within 30 calendar days after receiving a written request. If records are made available for in-person inspection by the Board or a local jurisdiction, such records shall be made available during normal working hours at a California location.
(c) Each operator shall retain all required records for a minimum of three (3) years after the submission of an annual report required by this Article. If an operator is using a designated reporting party to maintain records, it shall ensure that the designated reporting party retains records for the minimum three (3) years. An operator, at its discretion, may ensure the record retention through a contract.
NOTE

Authority cited:  Sections 40502 and 42252, Public Resources Code. Reference: Sections 42250 and 42252, Public Resources Code.
HISTORY

1. New section filed 7-30-2007 as an emergency; operative 7-30-2007 (Register 2007, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-28-2008 as an emergency; operative 1-28-2008 (Register 2008, No. 5). A Certificate of Compliance must be transmitted to OAL by 4-28-2008 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 4-28-2008 as an emergency; operative 4-28-2008 (Register 2008, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-28-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance, including amendments, as to 4-28-2008 order transmitted to OAL 7-28-2008 and filed 9-9-2008 (Register 2008, No. 37).
§17987.4. Submittal of Annual Report.
Note     •     History

(a) Each operator or designated reporting party shall submit the required information enumerated in this section to the Board no later than April 1 of each year for the previous measurement period. 
(b) For the 2007 measurement period, operators or designated reporting parties shall be required to only report for the six-month period beginning July 1, 2007 and ending December 31, 2007. An operator or designated reporting party may report for a longer period during the 2007 calendar year at its discretion. 
(c) An operator with multiple store locations may submit one annual report for all of its stores. A designated reporting party shall submit a separate annual report and data sheet(s) for each operator. 
(d) Notwithstanding subsection (c), a designated reporting party who is reporting on behalf of twenty-five (25) or more operators may submit one annual report including the information required by this section for all of its operators. Designated reporting parties submitting an annual report in this manner shall report the information required by this section and shall include a listing of each operator's name, mailing address, telephone number and contact name. 
(e) Each operator or its designated reporting party or parties shall report the following information to the Board. The co-mingled recycling rate may be utilized to calculate weights where applicable.
(1) The full and complete name of the designated reporting party if applicable.
(2) The mailing address of the designated reporting party if applicable.
(3) The contact person's name and telephone number for the designated reporting party if applicable.
(4) The full and complete name of the operator.
(5) The mailing address of the operator.
(6) The contact person's name and telephone number for the operator.
(7) The name of the store(s), if different from the name of the operator.
(8) A list of all stores for which the annual report is being submitted. The listing shall include each store name or number and the street address.
(9) The weight of all plastic carryout bags purchased by the operator, and the weight of all plastic carryout bags shipped or delivered to each individual store.
(10) The names and addresses of the recyclers utilized by the operator or designated reporting party or parties.
(11) The addresses of stores, distribution centers, warehouses or other locations where reported transactions occurred.
(12) The weight of plastic carryout bags collected and recycled or sent for recycling by the operator or designated reporting party or parties. This may be reported by either a direct weight method or a total film plastic weight method.
(A) Direct Weight Method. An operator or designated reporting party shall report the actual weight of the plastic carryout bags that were recycled separate from all other film plastic material.
(B) Total Film Plastic Weight Method. An operator or designated reporting party shall report the total weight of all film plastic material, including plastic carryout bags, recycled. The co-mingled recycling rate shall then be applied to the total weight to give an estimate of the number of plastic carryout bags recycled.
(f) The operator or its designated reporting party or parties shall verify that the information was submitted under penalty of perjury, using the following format on the submitted report:

	“I certify under penalty of perjury under the laws of the State of California that the information and data contained herein are true and correct.” 
					
	(Signature) 		(Date) 
(g) Although an operator may use a designated reporting party or parties to submit the information required in this section, an operator is nevertheless responsible for compliance with the reporting and other requirements of this Article and may be subject to penalties for non-compliance due to the action or non-action of its designated reporting party or parties. 
NOTE

Authority cited: Sections 40502 and 42252, Public Resources Code. Reference: Section 42252, Public Resources Code.
HISTORY

1. New section filed 7-30-2007 as an emergency; operative 7-30-2007 (Register 2007, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-28-2008 as an emergency; operative 1-28-2008 (Register 2008, No. 5). A Certificate of Compliance must be transmitted to OAL by 4-28-2008 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 4-28-2008 as an emergency; operative 4-28-2008 (Register 2008, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-28-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-28-2008 order, including amendment of section heading and section, transmitted to OAL 7-28-2008 and filed 9-9-2008 (Register 2008, No. 37).
§17987.5. Co-Mingled Recycling Rate Determination.
Note     •     History

The Board shall, a least once, calculate and publish a co-mingled recycling rate. The co-mingled recycling rate shall be calculated through waste characterization studies that determine the percentage of plastic carryout bags relative to other film plastic materials collected for recycling.
NOTE

Authority cited: Sections 40502 and 42252, Public Resources Code. Reference: Section 42252, Public Resources Code.
HISTORY

1. New section filed 7-30-2007 as an emergency; operative 7-30-2007 (Register 2007, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-28-2008 as an emergency; operative 1-28-2008 (Register 2008, No. 5). A Certificate of Compliance must be transmitted to OAL by 4-28-2008 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 4-28-2008 as an emergency; operative 4-28-2008 (Register 2008, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-28-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-28-2008 order, including renumbering of former section 17987.5 to new section 17987.6 and new section 17987.5, transmitted to OAL 7-28-2008 and filed 9-9-2008 (Register 2008, No. 37).
§17987.6. Submittal of Confidential, Proprietary Data or Trade Secrets.
Note     •     History

The submittal of data or information to the Board that is confidential, proprietary or a trade secret under applicable California law shall be subject to the provisions of Title 14, California Code of Regulations, Article 4 (commencing with Section 17041).
NOTE

Authority cited: Sections 40502 and 42252, Public Resources Code. Reference: Section 42252, Public Resources Code.
HISTORY

1. Renumbering of former section 17987.5 to new section 17987.6, including amendment of section, filed 9-9-2008; operative 9-9-2008 (Register 2008, No. 37).
Chapter 4.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program
Article 1. Authority
§17990. Scope.
Note     •     History

(a) These regulations implement the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program, a grant program for local agencies for purposes of cleaning up and abating the effects of solid waste that is illegally disposed of on farm or ranch property. Regulations contained herein are promulgated pursuant to Public Resources Code (PRC) Chapter 2.5 of Part 7 of Division 30.
(b) Notwithstanding any other provision, the grant program shall be funded from the following funds:
(1) The Integrated Waste Management Fund;
(2) The California Tire Recycling Management Fund;
(3) The California Used Oil Recycling Fund.
(c) The Board shall be authorized to expend the money in the Farm and Ranch Solid Waste Cleanup and Abatement Account for the grant program upon appropriation by the Legislature in the annual Budget Act.
(d) Each year, as part of the annual report required to be submitted pursuant to Section 40507, the Board shall report to the Governor and the Legislature on the actions it has taken under the grant program and the number of illegal sites that have been cleaned up and abated pursuant to the grant program.
NOTE

Authority cited: Sections 48100, 48103 and 48104, Public Resources Code. Reference: Section 48100, Public Resources Code.
HISTORY

1. New chapter 4.5 (articles 1-5, sections 17990-17994.3), article 1 (section 17990) and section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
Article 2. Definitions
§17991. Definitions.
Note     •     History

For the purposes of this Chapter:
(a) “Agreement” means the written document, any amendment(s) and written change orders thereto, which is signed by the Board or its designated representative and the grant recipient and which defines the terms, provisions and conditions governing the grant.
(b) “Applicant” means a local agency, resource conservation district, or Native American tribe applying for a grant for cleanup and/or abatement administered by the California Integrated Waste Management Board.
(c) “Board” means the California Integrated Waste Management Board.
(d) “Farm and/or Ranch property” means a piece of property, publicly or privately owned, that is used for rangeland or agricultural activities such as, but not limited to commercial livestock and crop production, horticulture, aquaculture, silviculture, floriculture, vermiculture and viticulture. Farm or ranch property need not have active sales or production but shall be appropriately zoned or otherwise authorized for agricultural activities. Farm or ranch property includes appurtenant easements or right-of-ways such as, but not limited to, public roads and utilities.
(e) “Grant recipient or grantee” means an applicant whose grant application has been awarded and who has executed a grant agreement pursuant to Public Resources Code section 48101(c).
(f) “Illegal disposal site” means:
(1) A disposal site that is not permitted and not exempt from obtaining a permit and is not a closed site as defined section 20164 of Title 27, Division 2 of California Code of Regulations on which cleanup may be required to abate a nuisance or protect public health and safety and/or the environment.
(g) “Local agency” means the enforcement agency, or other municipal department, that is designated to implement this Chapter by a county or city or a joint powers authority consisting of cities and counties and formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
(h) “Native American tribe” has the same meaning as tribe, as defined in subdivision (b) Section 44201 of the Public Resources Code.
(i) “Nuisance” includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community, neighborhood, or any considerable number of persons although the extent of the annoyance or damage inflicted upon an individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste.
(j) “Resource conservation district” is a “special district” of the state of California, set up under PRC, Division 9, which is a locally governed agency with it's own locally appointed, independnet board of directors.
(k) “Remedial action” means any action to abate, prevent, minimize, stabilize, mitigate, or eliminate a threat to public health and safety and/or the environment.
(l) “Responsible party” includes any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who by contract, agreement or otherwise arranged for the transportation to and/or disposal of solid waste at the illegal disposal site;
The term “responsible party”, as defined above, may only be construed within the context of this Chapter and Public Resources Code sections 48100 et seq. and shall not be interpreted under any other local, state, or federal statute.
(m) “Threat” or “threaten” means a condition creating a probability of substantial harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, natural resources, or the public health or safety.
NOTE

Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Sections 48100, 48102 and 48106, Public Resources Code.
HISTORY

1. New article 2 (section 17991) and section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending subsection (b), adopting new subsections (h) and (j) and relettering subsections filed 5-28-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 22).
Article 3. Eligibility Requirements
§17992.1. Purpose.
Note     •     History

The Board may award grants directly from the account to local agencies. Grants shall be used to assist the Board in complying with Public Resources Code section 48100 et seq.
NOTE

Authority cited: Sections 48100, 48101(a) and 48103, Public Resources Code. Reference: Sections 48100 and 48101(a), Public Resources Code.
HISTORY

1. New article 3 (sections 17992.1-17992.4) and section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
§17992.2. Funding Eligibility.
Note     •     History

(a) Grant funds may be used only for remedial actions at illegal disposal sites or to reimburse qualifying property owners for eligible costs incurred by remedial actions to their property.
(b) Grant funds may be used only for those eligible remedial actions pursuant to section 17992.4.
NOTE

Authority cited: Sections 48100, 48101(b) and 48103, Public Resources Code. Reference: Section 48101(b), Public Resources Code.
HISTORY

1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending subsection (a) filed 5-28-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 22).
§17992.3. Site Eligibility.
Note     •     History

(a) Candidate sites may be eligible for funding only if:
(1) The site is an illegal disposal site as defined in section 17991; and
(2) The site is on a farm and/or ranch property as defined in section 17991; and
(3) The responsible party either cannot be identified, located, or pay for timely and proper remediation; and
(4) Remedial action is required to protect public health and safety and/or the environment, or to abate a nuisance; and
(5) Neither the applicant nor the private property owner was responsible for the illegal disposal of solid waste on the farm or ranch property.
NOTE

Authority cited: Sections 48100, 48102 and 48106, Public Resources Code. Reference: Sections 48102 and 48106, Public Resources Code.
HISTORY

1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending subsection (a)(5) filed 5-28-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 22).
§17992.4. Eligible and Ineligible Remedial Actions.
Note     •     History

(a) Remedial actions that are appropriate for the use of funds include, but are not limited to: waste removal and disposal and related actions; drainage controls; grading; slope and foundation stabilization; excavation, revegetation, recycling, and site security. Public education to prevent reoccurrence of the illegal disposal is eligible for funding only if included with any of the above eligible remedial actions.
(b) Ineligible remedial actions include, but are not limited to: closure as defined in Section 20164 of Title 27, Division 2 of the California Code of Regulations; ground water remediation; operation and maintenance of leachate, surface water, or vadose zone monitoring systems; closure and postclosure maintenance services; improvements to property for postclosure land uses; preparation of closure or postclosure maintenance plans; removal, abatement, cleanup or otherwise handling of hazardous substances as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C. section 9601(14)].
NOTE

Authority cited: Sections 40502, 48025, 48100 and 48103, Public Resources Code. Reference: Sections 40502 and 48025, Public Resources Code.
HISTORY

1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
Article 4. Grant Process
§17993.1. Grant Application Filing Period.
Note     •     History

Application packages for grant funding shall be accepted on a continual basis and will be reviewed, scored and ranked quarterly. Application packages received by the Board on or before January 1, April 1, July 1, and October 2 will be considered for award in the quarter commencing on that date.
NOTE

Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48100, Public Resources Code.
HISTORY

1. New article 4 (sections 17993.1-17993.7) and section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
§17993.2. Grant Amounts.
Note     •     History

(a) The Board shall not fund more than two hundred thousand dollars ($200,000) per fiscal year for any applicant. If a grant is awarded to a joint powers authority, the joint powers authority and all the cities and counties it represents are limited to a maximum of two hundred thousand dollars ($200,000) per fiscal year. No single cleanup or abatement project shall exceed fifty thousand dollars ($50,000).
(b) The Board shall not fund administrative costs of grantees, which exceed seven (7) percent of the grant.
(c) The Board or the Department of Finance may audit the recipient's records and/or any contractor or subcontractor regarding moneys received pursuant to this Article.
NOTE

Authority cited: Sections 48100, 48101(a) and 48103, Public Resources Code. Reference: Section 48101(a), Public Resources Code.
HISTORY

1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending subsections (a) and (b) filed 5-28-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 22).
§17993.3. Contents of the Grant Application Package.
Note     •     History

(a) A complete application package for cleanup and abatement work shall include, but is not limited to, all of the following elements:
(1) A Farm and Ranch Solid Waste Cleanup and Abatement Grant Application Cover Sheet, provided by the CIWMB, (CIWMB 634) 02/03, See Appendix A;
(2) A copy of an adopted resolution from the applicant's governing body, authorizing the submittal of the application and identifying the title of the individual authorized to execute any agreements, contracts and requests for payment to carry out the project;
(3) A description of the following: 
(a) the need and overall objective of the project(s), 
(b) innovative programs within the jurisdiction to discourage illegal dumping, 
(c) any other funds available to cleanup the site(s), 
(d) any funds used in the past to remediate problems at the site(s), 
(e) the proposed method to evaluate the success of the project, and 
(f) previous experience remediating similar sites;
(4) Site Characterization Form (CIWMB 635) (02/03), (See Appendix A) for each site proposed for remediation activities;
(5) A vicinity map showing the location of each site;
(6) The existing zoning description and designation for the parcel of each site proposed to cleanup;
(7) A signed and notarized affidavit or letter from the property owner stating that they were not responsible for the illegal dumping or degradation of the environment which the grant is proposing to remediate;
(8) A statement that a responsible party cannot be identified, or located, or can pay for timely and proper remediation.
(9) A Work Plan describing the proposed tasks needed to remediate each site, including recycling activities, and an implementation schedule for the proposed tasks; and
(10) A cost estimate for each site which provides a task description, staffing information, duration of each task, a per-hour-cost of each task as well as a total cost for the project.
(b) A complete application package to reimburse costs previously incurred by a farm or ranch property owner shall include all elements in subsection (a), except for 17993.3(a)(3), 17993(a)(9), and 17993(a)(10). In addition, the following elements shall be included in the application for reimbursement:
(1) A description of the following: 
(a) the initial need and overall objective of the project(s) at the time it was remediated, 
(b) innovative programs within the jurisdiction to discourage illegal dumping, 
(c) any other funds available to reimburse costs previously incurred to cleanup the site(s), 
(d) any funds used in the past to remediate problems at the site(s), 
(e) the success of the project; and
(2) A description of the tasks taken to remediate the site, including the total amount of material removed, types and quantities of waste disposed and recycled, disposal, recycling, and photographs of the project; and
(3) The cost and receipts associated with each task in remediating the site, including costs associated with disposal, recycling, equipment and labor.
NOTE

Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48100, Public Resources Code.
HISTORY

1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending section filed 5-28-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 22).
§17993.4. Review of Grant Applications.
Note     •     History

(a) Board staff shall review each grant application package to verify that it is complete pursuant to section 17993.3 and meets the eligibility requirements pursuant to Article 3 of this Chapter.
(b) If the application package is complete and indicates eligibility it will be reviewed and evaluated by the Board based on criteria set forth in sections 17993.5.
(c) The Board shall notify the applicant within twenty days (20) of receipt if the application package is determined to be incomplete. The Board may request additional information related to the grant application required by section 17993.3. The applicant will have a minimum of ten (10) working days, or an additional time period specified by the Board in writing, to submit the requested information to the Board. If the specified timeframe is not met, the application will be disqualified from consideration for a grant during the current grant cycle.
(d) The Board shall notify the applicant within fifteen days (15) from the date that the application is deemed complete if the application package does not meet the eligibility requirements. Written notice of the reason for ineligibility will be sent to the applicant.
NOTE

Authority cited: Sections 48100, 48101 and 48103, Public Resources Code. Reference: Section 48103, Public Resources Code.
HISTORY

1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
§17993.5. Grant Criteria.
Note     •     History

The criteria listed below will be used to evaluate each complete application.
(a) Demonstrated the need for the project.
(b) Measurable goals and objectives in the Work Plan.
(c) Descriptions by task of the activities to be undertaken to achieve the objectives.
(d) Description of a method to evaluate the success of the project and determine whether objectives were accomplished.
(e) Demonstration that the project is cost effective. Preference will be given to applicants who use cost savings, such as, use of volunteer labor, in-kind services, and recycling options.
(f) Detail that expenses are reasonable with all program elements are itemized in the budget.
(g) Present complete and clear proposal setting forth deadlines and evidence that applicant or its contractor have sufficient staff resources, technical expertise, and experience managing grant programs.
(h) The quality, cost-effectiveness and innovation of the applicant's programs designed to discourage illegal waste disposal and to encourage the proper waste disposal in permitted solid waste disposal facilities.
(i) The level of health and safety threats or environmental concerns and public nuisance described in the application.
(j) The environmental soundness and practicality of the proposal.
(k) The maximization of available funds.
(l) The applicant's ability to adequately remediate the site with available funds.
(m) The availability of other funds to cleanup the site.
(n) Evidence of a green procurement policy, requiring applicants to use recycled content products, recycled or reusable products, or engage in other waste reduction activities where appropriate and feasible.
NOTE

Authority cited: Sections 48100, 48102 and 48103, Public Resources Code. Reference: Section 48103, Public Resources Code.
HISTORY

1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending subsections (h) and (l) filed 5-28-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 22).
§17993.6. Local Agency Grant Agreement for Cleanup.
Note     •     History

(a) If the Board approves the grant award, the grant recipient and the Board shall enter into a written grant agreement which contains a description of the project(s) as approved, and which identifies and ensures compliance with this chapter and which incorporates all standard terms and conditions required of state agency agreements.
(b) Payment for work performed by the grantee will be made only after the following conditions have been met and approved by the Board: 
(1) completion of the site remedial action as proposed, and 
(2) submission of a report on the types and quantities of waste disposed and recycled, and the costs associated with disposal, recycling, equipment and labor.
(c) The grant recipient must obtain prior written approval from the Board, or its designated representative, for any changes to grant agreement. All requests must include a description of the proposed change(s) and the reason(s) for the change(s).
(d) Upon determination by the Board that the recipient has failed to comply with the terms of grant agreement the Board may terminate the grant in whole, or in part, at any time prior to the date of completion. The Board shall notify the recipient in writing of the reasons for the termination of the grant and the effective date of the termination within five (5) working days of the determination.
NOTE

Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48101, Public Resources Code.
HISTORY

1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending subsection (a) filed 5-28-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 22).
§17993.7. Grant Agreement for Reimbursements.
Note     •     History

A grant agreement for reimbursement to a property owner shall include all elements of 17993.6 except for (b) and (c). In addition, the following shall be included:
(a) Payment shall be made only after the site has been fully remediated
(b) The grantee shall disperse the funds, within sixty days (60) of receipt, to the property owner.
NOTE

Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48101, Public Resources Code.
HISTORY

1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending section heading and subsection (b) filed 5-28-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 22).
Article 5. Property Owner Grant Application Request to Local Agency
§17994.1. Request Process for Cleanup.
Note     •     History

(a) A farm or ranch property owner may initiate the process for a grant application by submission of the following information to the applicant for consideration:
(1) A letter requesting that the applicant apply for a grant under this Chapter on the farmer's or rancher's behalf. The letter shall include the name, mailing address and phone number of the property owner and the approximate type and quantity of waste disposed on the property; and
(2) A vicinity map showing the location of each site and access points to the parcel of each site being requested for cleanup or reimbursement under the grant.
(3) A signed and notarized affidavit or letter from the property owner stating that they were not responsible for the illegal dumping or degradation of the environment which the grant is proposing to remediate.
(b) The applicant has forty-five (45) days, from receipt of the grant application request, to review the request, conduct a site visit and provide a written determination that the owner is or is not eligible for funds under the Farm and Ranch Solid Waste Cleanup and Abatement Grant program.
(c) If the applicant determines that the property owner is not eligible for a grant, it shall provide the property owner with the reasons. The reasons shall be provided within forty-five (45) days of the receipt of the application request.
(d) Once the applicant determines the property owner's application request is complete, it shall submit a grant application to the Board within sixty (60) days.
NOTE

Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Sections 48100 and 48103, Public Resources Code.
HISTORY

1. New article 5 (sections 17994.1-17994.3) and section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending article heading and section filed 5-28-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 22).
§17994.2. Request Process for Reimbursement of Prior Cleanups.
Note     •     History

A farm or ranch property owner may initiate the process for a grant application for reimbursement of prior cleanups. If the owner requests reimbursement, the owner shall apply pursuant to 17994.1 and include the following information:
(1) A description of the tasks taken to remediate the site, including the total amount of material removed, types and quantities of waste disposed and recycled, and photographs of the project; and
(2) The cost and receipts associated with each task in remediating the site, including costs associated with disposal, recycling, equipment and labor.
NOTE

Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Sections 48100 and 48103, Public Resources Code.
HISTORY

1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
§17994.3. Property Owner Appeal Rights.
Note     •     History

(a) If the applicant determines that the property owner is responsible for the illegal waste disposal, the property owner may appeal the decision to the governing body with jurisdiction over the applicant.
(b) The property owner shall submit an appeal to the governing body within fifteen (15) days of receipt of determination of responsibility.
(c) The appeal shall describe the factual basis for the appeal and shall include all relevant documentation.
(d) The governing body shall determine whether or not to overturn the applicant decision within forty-five (45) days of receipt.
NOTE

Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48100, Public Resources Code.
HISTORY

1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending section filed 5-28-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 22).
Chapter 5. Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees
Article 1. Definitions and General Provisions
§18010. Scope.
Note     •     History

(a) This chapter is adopted pursuant to and for the purpose of implementing the California Integrated Solid Waste Management Act of 1989 (ACT) commencing with Section 40000 of the Public Resources Code (PRC), as it may be amended from time to time. These regulations should be read together with the Act.
(b) This Chapter implements those provisions of the Act relating to solid waste facilities and disposal sites, and application of minimum standards for solid waste handling and disposal (Chapter 3 of this Division, and 27 CCR Division 2, Subdivision 1 (§20005 et seq.)) to such facilities. Nothing in this chapter is intended to limit the authority of the enforcement agency or the board to enforce the minimum standards as they apply to collection, storage, and removal of solid wastes pursuant to the provisions of Sections 43209 and 43300 of the Public Resources Code (PRC). Nothing in this Chapter is intended to limit the authority of the state or local health agencies.
NOTE

Authority cited for Chapter 5 (Sections 18010-18354, not consecutive): Sections 40502, 43020, 43200 and 43214, Public Resources Code (PRC). Reference: Sections 43200-45601, Public Resources Code. 
HISTORY

1. Amendment filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d)  (Register 92, No. 13).
2. Amendment of chapter 5 heading filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
3. Change without regulatory effect amending subsection (b) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
§18011. Definitions.
Note     •     History

(a) Unless the context otherwise requires, the following definitions shall govern construction of this Chapter:
(1) “Abandoned site” means a site where there is no responsible party as determined by the local enforcement agency and the board.
(2) “Act” means the California Integrated Solid Waste Management Act of 1989.
(3) “Applicant” means the proposed operator of a facility.
(4) “Certified” means submitted and stated under oath, affirmation, or penalty of perjury.
(5) “Certification” means certification by the Board of an enforcement agency pursuant to Section 43200 of the Public Resources Code and Articles 2.1, and 2.2 of this Chapter.
(6) “Closed site” means a solid waste disposal site that has ceased accepting waste and has documentation that closure was conducted in accordance with applicable statutes, regulations, and local ordinances in effect at the time.
(7) “Decertification” means an action by the California Integrated Waste Management Board which withdraws, partially or fully, prior certification(s) issued to the enforcement agency. This action modifies the enforcement agency's authority within its jurisdiction.
(8) “Enactment” means a federal, state, regional, or local statute, ordinance, regulation, permit, or similar provision having the force of law.
(9) “ Enforcement action” means an action of the enforcement agency or the board, taken pursuant to the act or this chapter, including, but not limited to issuing a notice and order, a cease and desist order, cleanup or abatement order, or a corrective action order; to institute a proceeding to modify, suspend, or revoke a permit; to institute a judicial proceeding to obtain an injunction; or to institute a judicial action to obtain civil penalties.
(10) “Evaluation workplan” means a type of corrective action specified by the Board. The action requires the LEA to develop a schedule to address jurisdictional compliance issues identified during the LEA evaluation process. The evaluation workplan is subject to Board approval.
(11) “Facility” means a solid waste facility as defined in Public Resources Code Section 40194 or disposal site as defined in Public Resources Code Section 40122.
(12) “Facility operator” means the operating unit, and other person(s) who through a lease, franchise agreement or other arrangement with the owner of the property is granted the approval to operate a solid waste facility, disposal site, transfer or processing station, composting station, or solid waste handling system, or the owner of the property.
(13) “Illegal site” means a solid waste disposal site that is not permitted and not exempt from obtaining a permit and is not a closed site.
(14) “Inactive site” means a site that is temporarily idle, for a specific period due to known circumstance and not part of the normal operation pattern contained in the solid waste facilities permit.
(15) “Local Agency” means a local public agency or department of a county or a city, a joint powers jurisdiction, or a special district.
(16) “Local Enforcement Agency” (LEA) means an enforcement agency with board certification(s) totally separate from the operating unit(s) of the local governing body. An LEA is a comprehensive solid waste enforcement agency which performs permitting, inspection, and enforcement duties for solid waste handling, and permitted, closed, abandoned, exempt, illegal, and inactive facilities. An LEA is solely responsible for carrying out solid waste enforcement in its jurisdiction as defined in 14 CCR Division 7, 27 CCR Division 2, Subdivision 1 (§20005 et seq.) and Division 30 of the Public Resources Code. Upon certification(s) the LEA shall have full power to execute the Act and the regulations adopted hereto.
(17) “Operating unit” means a local agency within the jurisdiction of the designating local governing body that operates, causes to operate, or administers contracts or agreements for any portion of a facility or solid waste handling and disposal system.
(18) “Operation” means those activities governed by the EA notification tier requirements set forth in sections 18103-18103.3.
(19) “Owner of the property” means the person or persons owning the fee interest in the property and the person or persons owning any leasehold interest in the property.
(20) “Permit” means a solid waste facilities permit.
(21) “Property” means the real property on which a facility or disposal site, any part thereof, or any support structure exists or is proposed to exist, including any portion of such real property that is not occupied by the facility or any support structure but that is contained within the legal description of the land on which the facility is located as that description is set forth in the most recently recorded deed.
(22) “Regional LEA” means an enforcement agency certified by the Board pursuant to Article 2.1 of this Chapter, with permitting, inspection and enforcement duties within multiple counties.
(23) “Violation” means a lack of compliance with a particular standard, permit term or condition, or other applicable solid waste law or regulation. A violation may be indicated by the checking of a box in the violation column of an inspection report or by other written documentation. The documentation shall indicate the specific standard, permit term or condition, or other solid waste law or regulation not in compliance.
NOTE

Authority cited: Sections 40502, 43020, 43200, 43214 and 43231, Public Resources Code. Reference: Sections 43200-45042, Public Resources Code. 
HISTORY

1. Amendment filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d)  (Register 92, No. 13).
2. Amendment of subsections (a)(1) and (a)(14) filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsection (a)(14) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Amendment of subsection (a)(19) and new subsection (a)(20) filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
5. New subsections (a)(7) and (a)(9), subsection renumbering and amendment of Note filed 7-25-2002; operative 8-24-2002 (Register 2002, No. 30).
6. New subsection (a)(22), subsection renumbering and amendment of Note filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§18012. Mailing and Delivery.
Note     •     History

Except as otherwise provided in this chapter, any requirement of this chapter that a document be transmitted, delivered, provided, or sent to any person shall be satisfied in one of the following ways: by personal delivery to the person, by personal delivery to an address the person has given, or by first class United States mail, postage prepaid, to an address the person has given.
NOTE

Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43200-45601, Public Resources Code. 
HISTORY

1. Amendment of Note filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d)  (Register 92, No. 13).
§18013. Mailing Documents to the Board.
History

HISTORY

1. Change without regulatory effect repealing Section 18013 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 81, No. 21).
§18020. Maintenance of Files.
Note     •     History

(a) Every enforcement agency shall maintain a file on each disposal site and facility within its jurisdiction. These files shall include all solid waste facilities that have been granted a permit or that are or have been the subject of an application for a permit. The file on each facility or site shall contain all applications, permits, notices, orders, reports, correspondence, and other documents pertaining to the facility or site, which have been initiated or received by the enforcement agency. However, the enforcement agency, pursuant to Section 44102 of the Public Resources Code, shall separately maintain all papers relating to the facility or site for which a request for confidential treatment has been made, and such papers shall be suitably protected until such time as it has been determined that confidential treatment is not required.
(b) The file for each facility or site shall bear a number which is determined and assigned by the board.
(c) Each enforcement agency shall maintain a current list of all files it maintains. The list shall be available for public inspection upon request.
(d) All files and their contents shall be retained by the enforcement agency for as long as a facility or disposal site physically exists, and until written discard approval is given by the board.
(e) Upon certification each LEA shall maintain a separate and current chronological log of the legal and enforcement actions, taken pursuant to 14 CCR Division 7, 27 CCR Division 2, Subdivision 1 (§20005 et seq.) and Parts 4 and 5 of Division 30 of the Public Resources Code. This log shall be retained by the LEA as a file, and shall include at a minimum the following information: facility or site name, address, facility number, the action type, the date issued, and the outcome of the action(s).
NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 40062, 43200, 43209, 45000, 45200, 45201, 45300 and 45301, Public Resources Code. 
HISTORY

1. Amendment filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d)  (Register 92, No. 13).
2. Amendment of subsections (a), (b) and (e) and amendment of Note filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsection (e) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
Article 2. Designation of a Local Agency and the Appointment of Hearing Panels or Hearing Officer
§18050. Scope.
Note     •     History

This Article sets forth the requirements for the designation of a local agency as an enforcement agency, and the establishment of hearing panels or selection of a hearing officer pursuant to the California Integrated Solid Waste Management Act of 1989. A local governing body of a city, county, or a joint powers body may designate a single local agency to be its enforcement agency pursuant to Section 18051 of this Article. Upon board approval of the designation and certification(s) of the local agency pursuant to Articles 2.0, 2.1, and 2.2 of this Chapter, the designated local agency shall become the local enforcement agency (LEA) in the designated jurisdiction. A local governing body may enter into a contract or joint powers agreement with another LEA for permitting, inspection, and enforcement duties within its territorial jurisdiction. This action is subject to board approval of the designation and certification of the contract LEA or the joint powers LEA.
NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-45601, Public Resources Code. 
HISTORY

1. Amendment of article heading and section text filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d)  (Register 92, No. 13).
2. Amendment filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending article heading and section filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18051. Designation of a Local Agency.
Note     •     History

Each local governing body that wishes to designate a local agency shall so notify the board. The notice of designation, by the local governing body of a local agency, shall be part of a designation information package (DIP) which includes the following information:
(a) A completed form CIWMB 1000 “Notice of Designation of Local Agency” (1994), which is incorporated herein by reference (See Appendix A.);
(b) A cover letter requesting approval of the designation by the board;
(c) Copies of all resolutions and other official documents necessary to establish the manner in which Article 1 of Chapter 2 (commencing with Section 43200) and Chapter 4 (commencing with 44308) of the Public Resources Code and Section 18060 of this Chapter have been satisfied;
(d) An organizational chart documenting the separation of the designated agency from public agencies or departments that are the operating units under the local governing body;
(e) An organizational chart documenting the organization of the designated agency;
(f) An identification of each required hearing panel or hearing officer pursuant to Section 18060 and 18081(e)(2) of this Chapter;
(g) A tabulation of city resolutions including the listing of all city names, their populations, and the percent of cities and populations approving the designation for the jurisdiction;
(h) An enumeration of every solid waste facility and disposal site in the jurisdiction including permitted, closed, abandoned, exempt, illegal, and inactive facilities. The enumeration shall include the site address or location, the owner(s) and operator(s) name(s), address(es), and site/emergency telephone numbers, and shall state whether the site or facility lies within the unincorporated area of the jurisdiction, or within an incorporated city and the city name; and
(i) An enumeration of every solid waste handling and collection operator in the jurisdiction. The enumeration shall include the requirements of 14 CCR 17332.
NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200 and 43203 through 43207, Public Resources Code.
HISTORY

1. Amendment of section heading and text filed 12-7-91; operative 12-7-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of section filed 10-26-94; operative 10-26-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsection (a) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
4. Change without regulatory effect amending subsection (c) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
5. Change without regulatory effect amending subsection (f) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18052. Redesignation of Existing LEAs.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200 and 43203-43207, Public Resources Code. 
HISTORY

1. Repealer and new section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d)  (Register 92, No. 13).
2. Repealer filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
§18053. Distribution of Notice of Designation.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Section 66796.21, Government Code. 
HISTORY

1. Repealer filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d)  (Register 92, No. 13).
§18054. Review of Designation.
Note     •     History

(a) Upon receipt of the designation information package (DIP), pursuant to Section 18051, the board staff shall, within 45 days, review the designation and notify the local agency and the designating local governing body in writing whether or not the proposed  DIP is complete and accepted by the board staff. Should the DIP be incomplete, the local governing body and/or its designated local agency shall provide to the board the specific missing information thereby starting a new 45 day review period from the date of resubmittal.
(b) The board shall use the following criteria when reviewing designations:
(1) the designated agency shall demonstrate capability and experience in the enforcement of public health and environmental regulations; 
(2) the designation and certification must be consistent with the enforcement scheme contemplated in the Countywide Integrated Waste Management Plan upon its adoption and the LEA's Enforcement Program Plan (EPP); and
(3) The designated local agency shall fully comply with certification requirements pursuant to Article 2.1 of this chapter.
NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200, 43203 and 43204, Public Resources Code. 
HISTORY

1. Amendment filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d)  (Register 92, No. 13).
2. Amendment of subsections (a), (b)(1) and (b)(2) and repealer and new subsection (b)(3) filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
§18055. Effective Date of Designation.
Note     •     History

NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43219, Public Resources Code. 
HISTORY

1. Amendment filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d)  (Register 92, No. 13).
2. Repealer filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
§18056. Local Governing Body Withdrawal of LEA  Designation.
Note     •     History

(a) A designation of an LEA may be withdrawn by the local governing bodies that originally made the designation. Notice of the withdrawal shall be given to the board a minimum of 90 days in advance of the desired effective date of the withdrawal. This shall be done by a local governing body resolution or other official document in the same manner the designation was made. The notice of withdrawal shall specify whether a new local agency is to be designated, or whether the local governing body intends to have the Board become the new enforcement agency. If the notice of withdrawal provides that a new local agency is to be designated, then the withdrawal of designation shall be expressly conditioned on board approval of the new designation. If the notice of withdrawal states that it is the local governing body's intention for the board to become the new enforcement agency, then the withdrawal of designation should not become effective until the Board notifies the local governing body that it is prepared to assume responsibility as the enforcement agency. The Board shall provide such notification on or before: (1) the end of the current fiscal year; or (2) 90 days after the notice of withdrawal is given to the Board, whichever is later. The Board shall then become the enforcement agency.
(b) All enforcement actions, pending violations, orders of corrections, request for technical reports, or other enforcement agency efforts to achieve compliance with state requirements (including LEA enforcement actions and state minimum standards and permits) which were in effect under the departing LEA shall remain in effect under the jurisdiction of the new enforcement agency.
(c) Notice of designation of a new local agency shall be made in the manner specified in Section 18051.
NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43203, 43206 and 43216, Public Resources Code. 
HISTORY

1. Amendment filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d)  (Register 92, No. 13).
2. Amendment of subsection (a) filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
3. Amendment of section heading and section filed 7-25-2002; operative 8-24-2002 (Register 2002, No. 30).
§18060. Appointment of Hearing Panel(s) or Hearing Officers.
Note     •     History

(a) Before the board can approve a designation, the designated local agency's local governing body shall appoint a hearing panel or hearing officer. The hearing panel shall be composed of either members of the local governing body or  an independent hearing panel pursuant to Section 18081(e)(2). There shall be an independent hearing panel or hearing officer when in the jurisdiction of the enforcement agency there exists a publicly owned or operated solid waste facility or disposal site.
(b) Notice of the appointment of a hearing panel(s) or hearing officer shall be given the board and shall include the following:
(1) The name of each member and her or his position in the local governing body. If an independent hearing panel is appointed pursuant to Section 44308 of the Public Resources Code, an indication of which person is the technical expert in solid waste management, which person is the member of the local governing body, and which person is the representative of the public at large;
(2) the address to which filings and correspondence shall be mailed;
(3) indication whether each hearing panel was appointed pursuant to Section 44308(a)(1) or (a)(2) of the Public Resources Code; and
(4) the date, terms and conditions of the appointment.
(c) Notices of appointments to vacant positions on the hearing panel or hearing officer shall be given in the same manner.
(d) When the board serves as the enforcement agency, hearing panels shall be as set forth in Public Resources Code Section 44309.
NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200 and 44308, Public Resources Code.
HISTORY

1. Amendment filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d)  (Register 92, No. 13).
2. Amendment of subsections (a), (b)(1) and (b)(3), repealer of subsection (b)(4) and subsection renumbering, and amendment of subsection (c) and Note filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsections (b)(1), (b)(3) and (d) and amending Note filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Change without regulatory effect amending section heading and subsections (a)-(b) and (c) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
Article 2.1. LEA Certification Requirements
§18070. Scope.
Note     •     History

(a) This article sets forth the LEA certification types, the requirements for certification and certification maintenance including, but not limited to: technical expertise, adequacy of staff resources, adequacy of budget resources, training, and the LEA's Enforcement Program Plan (EPP), which the designated local agency shall develop, submit for board approval, and adopt pursuant to Public Resources Code Section 43209(e) and Section 18077 of this Chapter, and the periodic review of the LEA certification(s) pursuant to Article 2.2 of this Chapter.
(b) After certification(s) is issued and upon board approval, the designated local agency shall become the sole LEA in its jurisdiction, and shall maintain and comply with its board approved EPP to exercise its statutory power and authority pursuant to Division 30 of the Public Resources Code, 14 CCR Division 7, and 27 CCR Division 2, Subdivision 1 (§20005 et seq.). The LEA shall enforce the state and local minimum standards for solid waste collection, handling, storage, and disposal for the protection of the air, water, and land from pollution and nuisance, and for the protection of the public health and safety, and the environment. This Article also addresses board directories of hearing panels or hearing officers and enforcement agencies.
NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-45601, Public Resources Code. 
HISTORY

1. Repealer and adoption of new section, article heading and NOTE filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d)  (Register 92, No. 13).
2. Amendment filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsection (b) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Change without regulatory effect amending subsection (b) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18071. Types of Certification.
Note     •     History

(a) The Board may approve a designated local agency and issue certification(s) to the local agency in one or more of the following types of certifications:
(1) Type “A”: permitting, inspection, and enforcement of regulations at solid waste disposal sites;
(2) Type “B”: permitting, inspection, and enforcement of regulations at solid waste transformation facilities;
(3) Type “C”: permitting, inspection, and enforcement of regulations at transfer and processing stations, materials recovery facilities, and composting facilities; and
(4) Type “D”: inspection and enforcement of litter, odor, and nuisance regulations at solid waste landfills.
(b) In jurisdictions where LEAs lack a certification to permit a new type of facility, the permit application, for that type of facility, shall be filed by the applicant with the board. The LEA shall, within 120 days of the permit application, obtain certification for this facility type, or the board shall review the performance of the LEA pursuant to Section 18051 and Article 2.2 of this Chapter and compliance with Public Resources Code Section 43201.
(c) An LEA lacking a specific certification type pursuant to 18071(a) may submit a new complete EPP for board review and request issuance of an additional certification to perform permitting, inspection, and enforcement duties in another jurisdiction, or inspection and enforcement duties in its jurisdiction, both pursuant to Article 2.1 of this Chapter, and subsequent to board approval.
(d) When in the LEA's jurisdiction only one permitted solid waste disposal facility exists and its permit is surrendered, the LEA shall retain its type “A” certification, unless the LEA certification is withdrawn by the board.
(1) For LEAs to be issued type “D” certification they shall be required to have type “A” certification.
(e) A designated local agency shall demonstrate that it meets the certification requirements for each certification type requested. The LEA shall maintain compliance with the requirements of this Chapter.
(f) Sections 18071 through 18075 of this Article set forth the LEA certification requirements pursuant to Public Resources Code Section 43200.
NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43204 and 43209, Public Resources Code. 
HISTORY

1. New section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsections (a), (b) and (e) filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
§18072. Technical Expertise.
Note     •     History

(a) Performance of permitting, inspection, and enforcement duties and responsibilities of comprehensive solid waste enforcement issues shall reside solely within an LEA. The LEA shall have one or more full time staff members dedicated solely for solid waste issues. For all certification types the dedicated staff shall be composed of at least one registered environmental health specialist (REHS), pursuant to Sections 106600 through 106735 of the Health and Safety Code. Additional staff for permitting, inspection, and enforcement duties may be a REHS(s),  or person(s) meeting the requirements of Sections 106635 of the Health and Safety Code, as certified by the LEA program director or manager.
(1) The REHS shall have experience and training in solid waste enforcement. This experience and training shall be current and subsequent to the enactment of the California Integrated Waste Management Act of 1989 commencing with Section 40000 of the PRC.
(2) The REHS experience and training shall include the following:
(A) permitting and closure/postclosure duties as described in 14 CCR 18082;
(B) inspection duties as described in 14 CCR 18083; and
(C) enforcement duties as described in 14 CCR 18084.
(3)(A) For type “A” certification, pursuant to 14 CCR 18071(a)(1), LEA review of documents or reports generated pursuant to engineering requirements of Public Resources Code Division 30 and 27 CCR Division 2, Subdivision 1 (§20005 et seq.), beyond the technical abilities of the LEA's staff, shall be performed by public and private entities as specified in the LEA's EPP, whose staff meet the following definitions contained in 27 CCR 20164: “Certified Engineering Geologists,” “Registered Civil Engineer,” and “Soil Engineer.”
(B) The LEA review in subsection (a)(3)(A) may be contracted for by the LEA or the LEA may use appropriate CIWMB staff to perform those duties.
(4) For type “B” and “C” certifications, pursuant to 14 CCR 18071(a)(2 and 3), LEA review of documents or reports generated pursuant to engineering requirements of Public Resources Code Division 30 and 14 CCR Division 7, may be performed by public and private entities, as specified in the LEA's EPP, under contract to the LEA, which meet the following definitions contained in 27 CCR 20164: “Certified Engineering Geologists,” “Registered Civil Engineer,” and “Soil Engineer.”
(b) Counties or cities may have contracts or joint powers agreements pursuant to Government Code, section 6500 et. seq. or as authorized by law, with another county, city, or a joint powers jurisdiction LEA to provide permitting, inspection, and enforcement duties and responsibilities in the designated jurisdiction of the local governing body(s), with approval of the board. The above contracts or joint powers agreements shall preclude conflict of interest between the cities or counties, their designated LEA, or the LEA's consultants and facility operators in the jurisdiction. The following consulted professionals defined in 27 CCR 20164 shall not be facility operators or consultants for solid waste facilities or disposal sites within the LEA's jurisdiction unless approved by the board: “Certified Engineering Geologists,” “Professional Land Surveyor,” “Registered Civil Engineer,” “Registered Geologist,” and “Soil Engineer.”
(c) Any opinion, report, analysis, or other deliverable provided to an LEA through contract or joint powers agreement shall be endorsed, affirmed or denied by the contracting LEA.
(d) Notwithstanding subsection (a), designated local agencies for jurisdictions having a population of less than 50,000 persons and existing LEAs whose jurisdictional population grows beyond 50,000 persons, but does not exceed 80,000 persons, may alternately implement the following staffing provisions to demonstrate their technical expertise and adequacy of staff resources.
(1) staffing shall be determined and submitted for board approval pursuant to 14 CCR 18073; and
(2) permitting, inspection, and enforcement duties, for a designated local agency having demonstrated its adequacy of staff resources with one or less full time staff member, shall be performed by one individual  REHS.
(e) Designated local agencies, which elect subsection (d) to fulfill staffing requirements, shall be issued temporary certification(s) by the board.
(1) This temporary certification(s) shall expire upon conclusion of the LEA performance evaluation by the board.
(2) The LEA shall be issued full certification(s) by the board when the evaluation confirms LEA compliance with Article 2.2 of this Chapter.
(f) LEAs with one or less staff members shall, upon the loss of staff, provide staff resources meeting the requirements of this section within 90 days, or the board shall become the enforcement agency within the LEA's jurisdiction until another local designated agency is approved and issued certification(s) by the board.
(g) The LEA shall resume temporary certification(s) status when staff is replaced pursuant to subsection (f) until the requirements of subsection (e)(1) and (2) are met.
NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43204, 43207 and 43209, Public Resources Code. 
HISTORY

1. New section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsection (a), new subsections (a)(1)-(a)(2)(C) and subsection renumbering, amendment of subsection (b), and new subsections (d)-(g) filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
3. Amendment filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
4. Change without regulatory effect amending subsections (a), (a)(3)(A), (a)(4) and (b) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
5. Amendment of subsection (d) filed 8-10-2004; operative 9-9-2004 (Register 2004, No. 33).
6. Change without regulatory effect amending subsection (a) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18073. Adequacy of Staff Resources.
Note     •     History

(a) The LEA shall demonstrate the adequacy of its staff resources by submitting documentation of the following analyses:
(1) the number and type of operating and non-operating solid waste facilities, disposal sites, and collection and handling equipment;
(2) the number of annual compliance and projected complaint inspections based on the previous year's records and anticipated additions or deletions;
(3) the time allocation requirements of local agency staff for:
(A) inspections, travel, research, analysis of findings, and documentation;
(B) enforcement activities including warnings, notices, meetings, hearings, legal proceedings, and documentation;
(C) permit activities including reviews, modifications and revisions, and closure or postclosure activities, including applications and plan reviews, site evaluations and investigations, and documentation;
(D) corrective actions including: review and approval of site investigations, assessments, characterizations, remediation alternatives, and corrective measures;
(E) training including field, meetings, seminars, workshops, courses, and literature reviews;
(F) management including day to day operation scheduling, and supervision; and
(G) support staff both technical and non-technical.
(4) The staff resources shall be computed based on a Full Time Equivalence (FTE) not to exceed 230 eight hour work days per year per person. The FTE baseline hours shall be identified in the EPP.
NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43204 and 43209, Public Resources Code. 
HISTORY

1. New section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsections (a) and (a)(2) filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
§18074. Adequacy of Budget Resources.
Note     •     History

(a) The LEA shall maintain a budget accounting process capable of identifying expenditures and revenues which are adequate to fulfill their LEA duties and responsibilities pursuant to its board approved EPP, this chapter, and Part 4 and 5 of Division 30 of the Public Resources Code. Additionally, LEAs shall, at the beginning of each fiscal year upon adoption by the local governing body, submit to the board supporting information demonstrating budget adequacy.
(1) The LEA shall use methods that demonstrate adequate budget resources for implementing the provisions of this Article. The LEA shall account for all anticipated expenditures, including but not limited to the following:
(A) staffing pursuant to 14 CCR 18073;
(B) monitoring and testing materials and equipment;
(C) health and safety protection equipment and materials for staff;
(D) travel and per diem for training seminars, conferences, etc.;
(E) enforcement actions including staff time and independent legal counsel costs to preclude conflict of interest and lack of timely initiation of legal actions pursuant to 14 CCR 18051(b)(6) and 14 CCR 18084;
(F) consultant and technical support;
(G) transportation; and
(H) agency overhead.
(2) LEAs shall identify their revenue by sources and amounts. Sources may include, but are not limited to:
(A) Funds from LEA Grant(s) Account;
(B) Permitting Fee(s);
(C) Inspection or Service Fee(s);
(D) Post Closure Fee(s);
(E) Tipping and Tonnage Fee(s);
(F) 5 Year Permit Review Fee(s);
(G) General Fund; and
(H) Other (specify).
NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43204, 43207 and 43209, Public Resources Code. 
HISTORY

1. New section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
§18075. Training Requirements.
Note     •     History

(a) LEA personnel shall be trained in solid waste enforcement. The LEA's training program shall be coordinated with the board as well as other state and local agencies, be part of the LEA's Enforcement Program Plan pursuant to 14 CCR 18077, and provide specific training in the following areas:
(1) permitting, inspection, and enforcement duties and responsibilities pursuant to Public Resources Code Division 30, Parts 4 and 5, 14 CCR Division 7 and 27 CCR Division 2, Subdivision 1 (§20005 et seq.), and local ordinances and resolutions relating to solid waste collection, handling, processing, storage, and disposal;
(2) inspection techniques and scheduling;
(3) preparation for hearing panel or hearing officer and court proceedings;
(4) administration practices within a solid waste enforcement program;
(5) monitoring equipment, data evaluation, and interpretation of the results as related to solid waste enforcement;
(6) attendance of board approved seminars and workshops; 
(7) field staff health and safety training in the categories of: planning of field inspections, safety equipment, on-site procedures, decontamination and hazard recognition, and avoidance; and
(8) for type “A” certification, specific training in performance standards pursuant to 27 CCR 20695, when applicable.
NOTE

Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43200-43204 and 43209, Public Resources Code. 
HISTORY

1. New section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsections (a) and (a)(5)-(a)(7) filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsections (a)(1) and (a)(8) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Change without regulatory effect amending subsection (a)(3) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18076. Request for and Review of Certification.
Note     •     History

(a) Within 45 days of receipt of a request for certification(s), the board shall notify the requesting local agency in writing as to whether the request in the form of an Enforcement Program Plan (EPP) pursuant to Section 18077 of this Chapter is:
(1) complete and accepted and shall be reviewed; or
(2) the EPP is incomplete and what specific information is missing, and needs to be submitted to the board to provide for a complete EPP. The board will require the agency to provide the specific missing information, thereby starting a new 45 day process from the date of resubmittal.
(b) When an EPP is complete and accepted, the board shall have 60 days from the date of the acceptance, to conduct a review of the designation and certification information in the EPP.
(1) The board shall issue a certification(s) decision stating which types of certification are to be issued or denied, and that the designation and EPP are approved or disapproved. A copy of the board decision shall be sent to the requesting agency, its local governing body, and all appropriate State agencies.
(2) If during the review process the board finds any specific deficiencies, it shall notify the requesting agency within 45 days from the date of acceptance for review. A new 60 day review period shall begin on the date of resubmittal.
(c) The board may elect to issue temporary LEA certification(s) and/or designation approval for specific time periods.
(d) After approval of the EPP, the board shall periodically review the LEA's enforcement program plan (EPP) and its implementation of the permitting, inspection, and enforcement programs pursuant to Public Resources Code Sections 43209 and 43214.
NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Section 43200-43209, Public Resources Code. 
HISTORY

1. New section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsections (a), (a)(2) and (b)(2), repealer and new subsection (c), new subsection (d) and amendment of Note filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
§18077. Enforcement Program Plan (EPP).
Note     •     History

(a) The LEA shall develop, adopt, and submit for board approval an EPP pursuant to Public Resources Code Section 43209(e). The EPP shall embody the designation and certification requirements and demonstrate that the LEA meets all the requirements pursuant to Public Resources Code Sections 43200, 43203, 43207, and 43209, 14 CCR Division 7, Chapters 3 and 5, and 27 CCR Division 2, Subdivision 1 (Section 20005 et seq.). At a minimum, the EPP shall include the following written components:
(1) a certification request letter;
(2) an accepted designation information package (DIP) pursuant to 14 CCR Section 18051;
(3) a statement of EPP goals and objectives;
(4) a copy of the enabling ordinance(s) or resolution(s) for the LEA jurisdictional authority;
(5) a copy of all local solid waste collection, handling, storage, and disposal statutes or ordinances;
(6) a comprehensive list of all types of solid waste facilities and disposal sites, and solid waste handling and collection vehicles within the jurisdiction;
(7) a time task analysis demonstrating the adequacy of staff resources pursuant to 14 CCR Section 18073;
(8) a demonstration of staff technical expertise;
(9) an operating budget demonstrating adequacy of budget resources pursuant to 14 CCR Section 18074;
(10) a detailed staff training procedure pursuant to 14 CCR Section 18075;
(11) a procedure manual for solid waste facility permitting and closure or postclosure;
(12) a procedure manual for random and unannounced inspection and investigation, compliance assurance, enforcement, and hearing panel or hearing officer utilization; and
(13) a procedure manual for disposal site identification, assessment, and corrective actions.
NOTE

Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43200-43209, Public Resources Code. 
HISTORY

1. New section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsection (a)(2), repealer of subsection (a)(4) and subsection renumbering, new subsection (a)(7), repealer and new subsections (a)(8) and (a)(9) and subsection renumbering, new subsection (a)(11), and repealer and new subsections (a)(12) and (a)(13) filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsection (a) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Amendment filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
5. Change without regulatory effect amending subsection (a)(12) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18078. Directory of Enforcement Agencies, Hearing Panels, and Hearing Officers.
Note     •     History

The board shall maintain a statewide directory of hearing panels, hearing officers and local enforcement agencies as approved and issued certification(s) by the board. The directory shall include a description of the jurisdiction and mailing address of each and shall be open to the public inspection pursuant to Article 4 of Chapter 1 of this division. The board shall promptly respond to inquiries by the public regarding the identity or location of an enforcement agency, hearing panel, or hearing officer.
NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200, 43201, 43204, 44800 and 44801, Public Resources Code. 
HISTORY

1. Renumbering and amendment of former section 18070 to section 18078 filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Relocation and amendment of  Form 1000 (including illustration of Designation and Certification Process) filed 10-26-94; operative 10-26-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect moving forms to section 18831, appendix A filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
4. Change without regulatory effect amending section heading and section filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
Article 2.2. LEA Performance Standards, Evaluation Criteria, and Duties and Responsibilities
§18080. Scope.
Note     •     History

This Article, pursuant to Public Resources Code Section 43214, sets forth the LEA's duties and responsibilities, performance standards, certification maintenance requirements, and board evaluation of LEAs.
NOTE

Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43209, 43214, 43215, 43216 and 43219, Public Resources Code. 
HISTORY

1. New section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Repealer of subsection (a) designator filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18081. LEA Performance Standards and Evaluation Criteria.
Note     •     History

(a) In performing its permitting, closure and postclosure, inspection, and enforcement functions, the LEA shall meet its duty requirements and comply with the standards pursuant to Public Resources Code Division 30, Parts 4, 5, and 6; 14 CCR Division 7, 27 CCR, Division 2, Subdivision 1 (§20005 et seq.) and its EPP. Deviation from these standards may result in a performance review by the board pursuant to Public Resources Code Sections 43214, 43215 and 43219, including establishment of LEA compliance schedules or withdrawal of designation and certification(s) approvals. The board's evaluation and decisions will consider the severity of the deviation(s) as related to the potential negative impacts on public health, safety or the environment.
(b) The LEA shall be assessed for compliance with the certification requirements pursuant to Article 2.1 and 2.2 of this Chapter, Public Resources Code Section 43209, and its board-approved EPP.
(c) All facilities and disposal sites within the LEA's jurisdiction shall:
(1) be in compliance with the state minimum standards and either the terms and conditions of the solid waste facility permits, the board-approved final closure and postclosure maintenance plans, have completed postclosure maintenance and monitoring pursuant to 27 CCR Sections 21180 and 21900, or have ceased operation prior to January 1, 1988; and
(2) be permitted, exempted, governed by board-approved final closure and postclosure maintenance plans, or have completed postclosure maintenance and monitoring pursuant to 27 CCR Sections 21180 and 21900; or
(3) be under appropriate enforcement action(s) pursuant to 14 CCR Section 18084 to remedy any violations.
(d) All operations within the LEA's jurisdiction shall: 
(1) be in compliance with the state minimum standards, as applicable; and 
(2) meet notification requirements as applicable; or 
(3) be under appropriate enforcement action(s) pursuant to 14 CCR Section 18084 to remedy any violations. 
(e) All LEA's shall retain their certification(s) and designation approvals by maintaining compliance with their board-approved EPP and this Chapter.
(1) The LEA shall provide for, obtain, and maintain the necessary technical, safety and regulatory equipment, clothing and vehicles for field inspectors. The LEA shall identify in its board-approved EPP what constitutes “necessary” for staff safety and field monitoring, measurement, inspection, and enforcement requirements for all its solid waste enforcement duties and responsibilities and its certification(s).
(2) When in the jurisdiction of the EA there exists a publicly owned or operated solid waste facility or disposal site, the local governing body shall maintain an independent hearing panel or hearing officer for permit, enforcement and appeal purposes, as per Section 18060 of this Chapter and Sections 44308 through 44310 of the Public Resources Code.
(3) The LEA/EA shall provide for technical review of corrective actions and postclosure land use pursuant to Sections 43500-43510 and 45000 of the Public Resources Code.
(4) The components of the EPP shall be reviewed and amended by the LEA annually or more frequently as determined by the board to reflect any changes. The amended components shall be submitted to the board for approval.
(f) The LEA/EA shall perform all applicable duties related to the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq.
NOTE

Authority cited: Sections 40502, 43020, 43200, 43203 and 43214, Public Resources Code. Reference: Sections 43200-43204, 43207 and 43209, Public Resources Code. 
HISTORY

1. New section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsections (d)(1), (d)(2) and (d)(4) filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsection (a) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Amendment filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
5. Change without regulatory effect amending subsection (e)(2) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18082. LEA Duties and Responsibilities for Permitting and Closure or Postclosure.
Note     •     History

(a) The LEA/EA shall implement the solid waste facility permitting regulations pursuant to Public Resources Code Division 30, Parts 4 and 5, 14 CCR Division 7, Chapter 5, 27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and its EPP, where applicable, as follows:
(1) applications:
(A) verify the submission of required documents, site and personnel information, and fees;
(B) evaluate the application documents for accuracy and conformity to the EPP and the appropriate state standards cited in subsection (a) of this Section;
(C) review for short and long term environmental impacts, damage, and proposed mitigation measures;
(D) decide whether or not to accept the application and proceed with a proposed permit for board approval;
(E) initiate appropriate public notice and comment period; and
(F) submit copies of the above documents, notices, comments, and responses to the board.
(2) proposed permits:
(A) prepare permits with specific conditions for design, operation, and adverse environmental effect, monitoring and mitigation;
(B) submit proposed permits to the board and the applicant;
(C) allow a waiting period for review, concurrence, or objection by the board, and modification by the LEA/EA as required;
(D) issue or deny the issuance of the solid waste facilities permit, upon satisfactory conclusion of the above process; and
(E) the LEA/EA shall act upon applications and plans to generate a proposed solid waste facilities permit within the required regulatory and/or statutory time frames.
(3) closure and postclosure:
(A) pursuant to Public Resources Code Division 30 Parts 4 and 5 and 27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and the EPP, the LEA/EA shall require any person owning or operating a solid waste landfill to submit for LEA/EA and board approval the following:
1. plans for the landfill closure and postclosure maintenance;
2. estimates of closure and postclosure maintenance costs; and
3. evidence of financial mechanisms to insure adequate availability of funds.
NOTE

Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43200, 43209, 43500-43606, 44001-44017 and 44300, Public Resources Code. 
HISTORY

1. New section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsection (a)(3)(A) filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsections (a) and (a)(3)(A) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Amendment of section and Note filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18083. LEA Duties and Responsibilities for Inspections.
Note     •     History

(a) Pursuant to Public Resources Code Division 30, Parts 4 and 5, and 14 CCR Division 7, Chapters 3 and 5, 27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and its EPP, the LEA/EA shall inspect and investigate solid waste collection, handling, and storage, solid waste facilities, operations and disposal sites and equipment to verify compliance with the state minimum standards, solid waste facilities permits, and related state solid waste laws and regulations within their purview for the protection of the environment and the public health and safety. The LEA/EA shall perform these inspections and related duties as required below, and forward inspection reports to the operator and/or owner, and the board within 30 days of the inspection:
(1) weekly, for sites operating on performance standards pursuant to 27 CCR Section 20695;
(2) monthly, for all active and inactive facilities, and for illegal sites and facilities, pending abatement by enforcement action(s);
(3) at the frequency required by the state minimum standards for each type of operation regulated under the EA Notification tier. 
(4) quarterly, for closed sites, abandoned sites, and sites exempted pursuant to 27 CCR Section 21565. For closed sites, inspections shall be made until no potential threat exists to public health and safety or the environment. This determination shall be subject to board approval. For the purposes of this subsection, the enumeration, and the workload analysis, a closed site means a site that has ceased accepting waste and, should be closed, is undergoing closure, or has met applicable closure requirements;
(A) the board may approve an alternate inspection frequency for these sites where such an action will not result in adverse impact on public health and safety and the environment.
(5) if an LEA has been designated as the EA for waste tire facilities or entered into an agreement with the board through a grant program to inspect waste tire facilities, major waste tire facilities shall be inspected annually and minor waste tire facilities shall be inspected at least once every two and a half years pursuant to 14 CCR Section 18443;
(6) upon receipt of a complaint or emergency notification which cannot be resolved off-site;
(7) as necessary, pursuant to the EPP, upon receipt of a solid waste facilities permit application, revision, review, RFI amendment, or closure/postclosure plan; and
(8) pursuant to the EPP, for solid waste handling and collection equipment.
(b) As specified in their EPP pursuant to Section 18077, the LEA/EA shall conduct any of the above inspections, whenever possible, without prior notice to the owner or operator, on randomly selected days, during normal business hours or the site's operating hours.
NOTE

Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43200, 43209, 43218, 44100 and 44101, Public Resources Code.
HISTORY

1. New section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsection (a), repealer of subsection (a)(1) and subsection renumbering, new subsection (a)(2), repealer and new subsections (a)(3)-(a)(7), new subsection (b) and amendment of Note filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsections (a), (a)(1) and (a)(3) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Amendment filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
5. Amendment filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§18084. LEA Duties and Responsibilities for Enforcement.
Note     •     History

(a) If during an inspection, investigation, or at any other time, the LEA/EA finds a solid waste facility, operation, or disposal site, is in violation of state minimum standards, the terms and conditions of a permit, or any related state solid waste laws or regulations within their purview, the LEA/EA shall enforce the applicable provisions as required by PRC Division 30, 14 CCR Division 7, Chapter 5, Article 4, 27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and its EPP. The LEA/EA enforcement actions shall address the following categories of violations:
(1) operational violations, pursuant to 14 CCR Division 7, Chapter 3 and 3.1, 27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and Division 30 of the Public Resources Code;
(2) emergency violations, pursuant to subsection (1) above which present an imminent threat to public health and safety, or the environment an require immediate action pursuant to Part 5, Division 30 or the Public Resources Code;
(3) permit violations, pursuant to Public Resources Code Division 30 Part 4, Chapter 3 and 14 CCR Division 7, Chapter 5, and 27 CCR, Division 2, Subdivision 1 (§20005 et seq.);
(4) closure and postclosure violations, pursuant to Public Resources Code Division 30, Part 4, Chapter 2, Articles 3 and 4, Part 5, and 27 CCR, Division 2, Subdivision 1 (§20005 et seq.);
(b) LEA/EA enforcement action options include, but are not limited to 14 CCR Division 7 Chapter 5, Article 4, 27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and Public Resources Code Division 30 Parts 4 and 5.
(c) If in the course of an enforcement action, the LEA/EA deems legal counsel to be necessary to achieve enforcement, compliance, relief, or the assessment of monetary penalties through the courts, the LEA/EA shall utilize legal counsel which will be prepared to initiate legal proceedings within 30 days of notification.
(d) If the LEA fails to take appropriate enforcement action to cause an operator to correct violations, or to abate an imminent threat to public health and safety or the environment, the board may take appropriate enforcement action pursuant to PRC sections 45012, 43216.5, and CCR Title 14 section 18350, and also investigate the LEA's designation and/or certification pursuant to PRC section 43214. The board shall apply the following two general criteria to determine if the LEA is taking appropriate enforcement action: 
(1) Criterion 1: If the operator is making timely progress toward compliance, then the LEA is taking appropriate action and criterion 2 need not be applied. If the operator is not making timely progress, then criterion 2 shall be applied. In determining whether or not the operator is making timely progress, the board shall consider the following: 
(A) The operator's success or lack thereof in accomplishing specific tasks within the timeframes specified in a compliance schedule, or a notice and order. 
(B) Information presented by the LEA supporting reasonable deadline extensions in cases where the operator has made a good faith effort to comply, but a delay in compliance has been caused by extenuating circumstances outside the operator's and LEA's control. Examples of extenuating circumstances outside the operator's and LEA's control include acts of God such as inclement weather, earthquakes, etc. Information regarding reasonable deadline extensions due to delays in obtaining discretionary permits or other government agency approvals where the operator's actions or failure to act was not the cause of the delay may also be taken into consideration. 
(C) Information presented by the LEA supporting reasonable deadline extensions in cases where the operator has made a good faith effort to correct a landfill gas migration violation, but the assessment of the extent of migration has revealed a problem of a much larger magnitude than originally anticipated, necessitating a larger control system that will take a correspondingly longer length of time to design and install. 
(2) Criterion 2: If the LEA is increasing its enforcement response by taking additional action pursuant to its EPP and, if applicable, a previously issued N&O, then the LEA is considered to be taking appropriate action. If the LEA is not increasing its enforcement response by taking additional action, then the LEA is not considered to be taking appropriate action. 
NOTE

Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43209, 43504, 44016, 44305, 44306, 44310 and 45000-45024, Public Resources Code.
HISTORY

1. New section and Appendix filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Relocation of Form 1000 (including illustration of Designation and Certification Process) from section 18084 to section 18078 filed 10-26-94; operative 10-26-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 43).
3. Editorial correction of History 1 (Register 95, No. 19).
4. Change without regulatory effect amending subsections (a), (a)(1), (a)(3), (a)(4), (b) and (d) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
5. Amendment of section and Note filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
Article 2.3. Board Actions over LEAs
§18085. Ground for Board Actions over LEAs.
Note     •     History

An LEA's failure to fulfill one or more of the following responsibilities and /or obligations under Public Resources Code Division 30, Part 4, Chapter 2 (the “Solid Waste Facilities Chapter of the Waste Management Act”) and/or these implementing regulations shall constitute sufficient ground(s) for any of the board actions set forth in 14 CCR 18086, including but not limited to:
(a) Failure of the LEA to comply with one or more of the Performance Standards referenced in Public Resources Code Section 43214 and/or its implementing regulation, 14 CCR 18081, including but not limited to:
(1) Failure of the LEA to maintain compliance with the certification requirements referenced in 14 CCR 18072-75, including but not limited to technical expertise, adequacy of staff resources, adequacy of budget resources, and training;
(2) Failure of the LEA to enforce facility compliance with one or more of the state minimum standards at solid waste facilities within the jurisdiction of the LEA, as referenced in Public Resources Code Section 43214(c);
(3) Failure of the LEA to maintain compliance with and/or implement one or more of the components of the LEA's Enforcement Program Plan, as referenced in 14 CCR 18077; and
(4) Failure of the LEA to perform all applicable duties related to the California Environmental Quality Control Act.
(b) Failure of the LEA to fulfill one or more of its duties and/or responsibilities as referenced in Public Resources Code Section 43209 and/or its implementing regulations, including but not limited to:
(1) LEA Duties and Responsibilities for Permitting and Closure or Postclosure, as referenced in 14 CCR 18082;
(2) LEA Duties and Responsibilities for Inspections, as referenced in 14 CCR 18083; and
(3) LEA Duties and Responsibilities for Enforcement, as referenced in 14 CCR 18084.
(c) When public health and safety or the environment is threatened, the Board shall, within 10 days of notifying the LEA, become the enforcement agency until another local agency is designated locally, approved and certified by the board pursuant to PRC Section 43214(c).
NOTE

Authority cited: Sections 40502, 43020, 43200, 43203 and 43214, Public Resources Code. Reference: Sections 43200-43209, 43214, 43218, 43500-43606, 44001-44017, 44100, 44101, 44300, 44301 and 44500-45601, Public Resources Code. 
HISTORY

1. New article 2.3 (sections 18085-18088) and section filed 7-25-2002; operative 8-24-2002 (Register 2002, No. 30).
§18086. Types of Board Actions over LEAs.
Note     •     History

If the Board finds that an LEA is not fulfilling one or more of its responsibilities and/or obligations under Public Resources Code Division 30, Part 4, Chapter 2 (the “Solid Waste Facilities Chapter of the Waste Management Act”) and/or these implementing regulations, then the Board, in accordance with Public Resources Code Section 43215 and 43216.5, may take one or more of the following actions:
(a) Assume responsibility for specified LEA duties by partially or fully decertifying an LEA, either permanently or through a temporary suspension. Such an assumption of responsibility shall only extend to the LEA duties so specified by the board. The board may charge for operations pursuant to PRC 43212(a) while performing enforcement agency duties.
(b) Conduct more frequent inspections and evaluations within an LEA's jurisdiction.
(c) Establish a schedule and probationary period for improved performance by an LEA, and/or call for the submission of an evaluation workplan.
(d) Withdrawal of the Board's approval of the local governing body's designation of the LEA.
(e) Implement any other measures which may be determined by the Board to be necessary to improve LEA compliance.
NOTE

Authority cited: Sections 40502, 43020, 43200, 43214, 43215 and 43216.5, Public Resources Code. Reference: Sections 40500-40510 and 43200-43219, Public Resources Code. 
HISTORY

1. New section filed 7-25-2002; operative 8-24-2002 (Register 2002, No. 30).
§18087. Process for Board Actions over LEAs.
Note     •     History

(a) Notice: Notice of the hearing shall be sent by first-class mail and deposited in the mail at least thirty (30) days prior to the hearing. The notice shall be sent to the LEA's most current address as specified in the completed Form CIWMB 1000 “Notice of Designation of Local Agency” currently on file with the Board. If written notice has been provided the Board that the LEA is represented by an attorney in the proceeding, the notice of the hearing shall additionally be mailed to such attorney.
(b) Public Hearing: The hearing shall be open to the public. The Chair or other presiding officer may provide an opportunity during the hearing for nonevidentiary public comment relevant to the matter being heard by the Board. The Chair or other presiding officer may impose reasonable limitations on the number of public speakers commenting, and on the nature and length of the comment period.
(c) Admission of Evidence: A party shall be afforded the opportunity to present evidence and testimony on all relevant issues. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.
(d) Final Action by the Board: The Board's decision will consider the severity of the deviation(s) as related to the potential negative impacts on public health, safety or the environment. The Board will announce its decision at the conclusion of the hearing. A written decision will be prepared thereafter, which shall include a statement of the factual and legal basis of the decision. A copy of the written decision shall be sent to the LEA in the same manner as set forth in subsection (a), above, within ten (10) days of the conclusion of the hearing.
NOTE

Authority cited: Sections 40502, 43020, 43200, 43214, 43215 and 43216.5, Public Resources Code. Reference: Sections 40500-40510 and 43200-43219, Public Resources Code. 
HISTORY

1. New section filed 7-25-2002; operative 8-24-2002 (Register 2002, No. 30).
§18088. Board Acting as Enforcement Agency.
Note     •     History

The Board, when acting as the enforcement agency, may enter into agreements or contracts as its discretion with any certified local enforcement agency for the purpose of delegating its enforcement agency duties within any jurisdiction until a local agency is designated, approved and certified by the Board.
NOTE

Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43216 and 43216.5, Public Resources Code. 
HISTORY

1. New section filed 7-25-2002; operative 8-24-2002 (Register 2002, No. 30).
Article 2.3. LEA Grants
§18090.0. Purpose and Scope.
Note     •     History

The purpose of the LEA Grant Program is to provide grants to LEAs to carry out the solid waste facilities permit and inspection program.
NOTE

Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
HISTORY

1. New article 2.3 (sections 18090.0-18094.0) and section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§18090.1. Grant Eligibility.
Note     •     History

Grants shall be awarded only to LEAs and regional LEAs that are certified pursuant to Article 2.1 of this Chapter. Eligibility for a grant is dependent on Board approval of final accountings for previously awarded LEA Grants.
NOTE

Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§18090.2. Grant Award.
Note     •     History

(a) The total amount of grants made by the Board pursuant to this article shall not exceed, in any one fiscal year, the amount specified by law.
(b) The total grant amount shall be distributed among the applicants on a pro-rata basis with each LEA receiving a Board established base grant, in no event less than $15,000, plus an additional amount based on the population of the jurisdictions served by the LEA and the number of active, permitted solid waste facilities located within those jurisdictions.
(c) Each Regional LEA shall receive a base grant multiplied by the number of counties for which the LEA is responsible, plus an additional amount based on the population of the jurisdictions served by the Regional LEA and the number of active, permitted solid waste facilities located within those jurisdictions.
(d) All population statistics will be obtained through the most current annually revised Department of Finance Report on Population Estimates for California Cities and Counties.
NOTE

Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§18090.3. Use of LEA Grant Funds.
Note     •     History

(a) LEA grant funds shall be used exclusively for the purpose of carrying out the approved solid waste facilities permit and inspection program. Any unauthorized use of LEA grant funds may result in the termination of the grant agreement, repayment of funds and/or return of all unused portions of the grant to the Board.
(b) Any unused portions of an LEA grant awarded pursuant to this article for a designated fiscal year shall be returned to the Board.
NOTE

Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§18091.1. Grant Application.
Note     •     History

(a) Applications for LEA grants will be accepted by mail during the time period specified in the application package. Applications sent by facsimile transmission or hand-delivered applications will not be accepted.
(b) An LEA or Regional LEA that is eligible for a grant award pursuant to Section 18090.1 of this Chapter, shall submit a grant application to the Board. The purpose of the grant application is to identify the local agency positions authorized to administer the grant program and to provide the Board the basis on which to evaluate appropriate grant use. The grant application shall include the following:
(1) A Statement of Use describing the program's goals or objectives and stating how the grant funds will be used to implement the program;
(2) A Budget Report listing all proposed grant expenditures, which may include the cost of staffing, third party contracts, training, travel and purchase of equipment or materials; and
(3) A certified copy of an approved resolution from each applicant's governing body authorizing submittal of the application and identifying the position of the individual who is authorized to execute all agreements and other documents necessary to carry out the program.
NOTE

Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§18092.0. Review of Grant Application.
Note     •     History

(a) Board staff shall review each grant application to verify that it is complete and satisfies the criteria contained within Section 18091.1 of this Chapter.
(b) Board staff may request additional information related to the grant application required pursuant to Section 18091.1 of this Chapter. The applicant will have ten (10) working days, or an additional time period specified by Board staff to submit the requested information.
NOTE

Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§18093.0. Grant Requirements.
Note     •     History

(a) The grant recipient and the Board shall enter into a written grant agreement that defines the grant term; contains a description of the approved program; and ensures compliance with the conditions specified in this Article.
(b) The grant recipient shall submit a final report on or before one hundred-twenty (120) days following completion of the grant cycle. The report shall include any amendments to the grant program; provide a description of the implementation of the program; and, provide detailed expenditure information that enables the Board to determine the specific use of all grant funds.
(c) Grant recipients shall comply with all applicable federal, state and local laws, ordinances, regulations and permits.
NOTE

Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§18093.1. Payment of Grant Funds.
Note     •     History

(a) Grants will be awarded annually each year subject to the availability of funds.
(b) Grant recipients will be advanced ninety percent (90%) of their grant funds. All grant funds must be placed in an interest-bearing account with a fully insured financial institution. The grantee shall track interest accrued on the advance payment. Interest earned from the account shall be used only for eligible grant related expenses or returned to the Board.
(c) The Board will withhold ten percent (10%) of the total grant funds until satisfactory completion of the project and approval of grantee's final report and payment request.
NOTE

Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§18094.0. Auditing.
Note     •     History

(a) The Board, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Grant. Grant recipients shall maintain such records for possible audit for a minimum of three (3) years after final payment unless a longer period of records retention is stipulated, or until resolution of issues which may arise as a result of any audit, litigation, or claim negotiation.
(b) Grant recipients shall maintain an accounting system which utilizes generally accepted accounting principles and practices. In addition to accounting records, all source documents associated with the accounting records shall be maintained. Source documents include, but are not limited to, bid summaries, contracts with the grant recipient, change orders showing approval by a city or county engineer, purchase orders, invoices, paid warrants, time sheets, labor distribution reports and payroll registers.
NOTE

Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
Article 3.0. Regulatory Tier Requirements
§18100. Scope.
Note     •     History

(a) This Article sets forth the method of application for a tiered solid waste facilities permit, procedures for review and action on an application package, and other requirements associated with regulatory tiers. This Article also includes provisions regarding permit maintenance following issuance and other requirements associated with solid waste handling operations. Similar provisions regarding a full solid waste facilities permit can be found in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2.0-3.2 of the California Code of Regulations (commencing with section 21570).
(b) The provisions of this Article shall apply only to those operations and facilities as specified in the minimum standards set forth in Chapters 3.0 or 3.1 of Division 7 of this Title.
(c) The submittal of an enforcement agency notification (in accordance with section 18103) or issuance of a tiered permit supersedes any previously submitted enforcement agency notification or issued tiered permit.
(d) Specific provisions relating to the different types of regulatory tiers may be found below as follows:

(1) Excluded	section 18102
(2) Notification of Enforcement Agency	sections 18103 - 18103.3
(3) Registration Permit	sections 18104 - 18104.9; and
(4) Standardized Permit	sections 18105 - 18105.11.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New article 3.0 (sections 18100-18105.11) and section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect repealing first paragraph filed 10-26-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 43).
3. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§18101. Definitions.
Note     •     History

Unless incorporated by reference or by statute, the definitions in this Article govern only the construction of this Article.
(a) “Acceptance for filing” means the enforcement agency has determined that the application is complete and correct and the specified permit action time frames contained in this Article commence.
(b) “Annual loading” is the maximum amount of waste/material to be handled by an operation annually.
(c) “Change in operation” means any change to a facility's operations noted in the application, including, but not limited to, change in facility description, change in materials handled, change in quantity of material handled, or change in operating hours in which the operator intends to operate outside of normal business hours.
(d) “Complete” means all information required as part of a solid waste facilities permit application submitted pursuant to this Article has been provided.
(e) “Correct” means all information provided by the applicant as part of a solid waste facilities permit application submitted pursuant to this Article is accurate, exact, and fully provides the applicable filing requirement information for the solid waste facility for which a permit is being sought.
(f) A “full permit” is a solid waste facilities permit obtained pursuant to procedures set forth in Article 3.1 of this Chapter.
(g) A “location map” means a map showing the general location of the operation at a scale size minimally equivalent to 1:24,000 USGS topological quadrangle.
(h) “Operation” means the receipt and processing of solid waste.
(i) “Peak loading” is the largest projected waste/material quantity to be received by an operation on any day of operation.
(j) “Regulatory tier” is a type of regulatory oversight pursuant to procedures set forth in this Article and Article 3.1. Tier types include: excluded, enforcement agency notification, registration permit, standardized permit, and full permit.
(k) A “site map” means a map showing the existing or planned layout of the operations, including, but not limited to, operations areas and their relationships to property boundaries, buffer zones, adjacent land uses, proposed drainage systems, any excavation areas, site access, and any other portions of the site dedicated to a specific use. The site map shall be at a scale size of 1” = 200', and indicate the zoning within 1000', of the facility. Where feasible, structures located on adjacent properties should be identified on the site map or location and distances to the nearest structures shall be included.
(1) A “tiered permit” is a type of solid waste facilities permit obtained pursuant to procedures set forth in Articles 3.0 and 3.1 of this Chapter. A tiered permit is a solid waste facilities permit other than a full permit with reduced application and permit processing requirements.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18102. Excluded Solid Waste Handling.
Note     •     History

Operators of excluded operations designated by the minimum standards set forth in Division 7 of this Title are not required to notify the enforcement agency or submit an application for a solid waste facilities permit. Nothing in this section precludes the enforcement agency or the board from inspecting an excluded operation to verify that the operation is being conducted in a manner that qualifies as an excluded operation or taking any appropriate enforcement action.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43020, 44100(a), 44101(a) and 45200, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18103. Enforcement Agency Notification.
Note     •     History

(a) The enforcement agency notification provisions of this Article shall apply only to operations as specified in the minimum standards set forth in Chapters 3 or 3.1 of Division 7 of this Title.
(b) Sections 18103.1 through 18103.3 establish the requirements for compliance with enforcement agency notification as follows:

(1) Filing Requirements	section 18103.1;

(2) Record Keeping Requirements	section 18103.2; and

(3) Termination of Operation	section 18103.3.
(c) Operations authorized to use the enforcement agency notification tier are required to operate in accordance with the minimum standards set forth in Chapters 3 or 3.1 of Division 7 applicable to that operation.
(d) Nothing in this section precludes the enforcement agency or the board from the following: inspecting an operation to verify that the operation is being conducted in a manner that qualifies for the enforcement agency notification tier; inspecting to verify that the operation is in compliance with the minimum standards; or, taking any appropriate enforcement action, including the use of a `notice and order.'
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43020, 44100(a), 44101(a) and 45200, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18103.1. Filing Requirements.
Note     •     History

(a) Any operator proposing to engage in solid waste handling pursuant to an enforcement agency notification shall notify the enforcement agency of its intent to operate in writing prior to commencing operations. This written notification shall be legible and include the following information:
(1) The name, address, and phone number of the proposed operation; the name, address, and phone number where the operator can be contacted if these differ from the operation site; and, the name, address, and phone number of the owner if these differ from the operator.
(2) The section in Chapters 3 or 3.1 of Division  7 of this Title authorizing eligibility for this tier and a description of the facility's operations, including but not limited to, volume and hours of wastes/material handled, peak and annual loading, and hours of operation.
(3) Documentation that the operator has notified the local planning department with jurisdiction over the site of its intent to commence operations. Documentation may include, proof of compliance with CEQA, correspondence from the local planning department that compliance with the California Environmental Quality Act is not required for the operation to obtain local land use approval or written notice to the local planning department of the operator's intent to commence operations. 
(4) A statement by the owner and operator certifying under penalty of perjury that the information which they have provided is true and accurate to the best of their knowledge and belief.
(b) The notification shall be mailed to the enforcement agency “return receipt requested.”
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 43020, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
3. Change without regulatory effect amending subsections (a) and (b) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§18103.2. Record Keeping Requirements.
Note     •     History

The enforcement agency shall retain the notification received pursuant to section 18103.1 which shall be publicly available during normal business hours. The enforcement agency shall forward a copy of the notification to the board within five days of receipt. The enforcement agency shall retain a copy of the notification for a minimum of one year after the facility is known to have ceased operations.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 43020, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18103.3. Termination of Operation.
Note     •     History

Any person intending to cease operations shall notify the enforcement agency in writing at least 15 days prior to the cessation of operations.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 43020, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18104. Registration Permit.
Note     •     History

(a) The registration permit provisions of this Article shall apply only to solid waste facilities as specified in the minimum standards set forth in Chapters 3 or 3.1 of Division 7 of this Title.
(b) A registration permit shall be deemed to incorporated by reference, as terms and conditions of the permit, all minimum standards applicable to it, as set forth in Chapters 3 or 3.1, of Division 7.
(c) Sections 18104.1 through 18104.9 establish the requirements for a registration permit as follows:

(1) Filing Requirements	section 18104.1;

(2) Enforcement Agency Processing 
   Requirements	section 18104.2;

(3) Record Keeping Requirements	section 18104.3;

(4) Completeness Appeal	section 18104.4;

(5) Change in Operation	section 18104.5;

(6) Change in Owner	section 18104.6;

(7) Permit Review & Reissuance	section 18104.7;

(8) Suspend/Revoke	section 18104.8,
	and

(9) Voiding of a Registration Permit	section 18104.9.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021, 43000-45802 and 50000-50002, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18104.1. Filing Requirements.
Note     •     History

Any operator proposing to operate a solid waste facility pursuant to a registration permit shall file an application using form CIWMB 83 “Registration Permit Application” (rev. 12/96), which is incorporated herein by reference, with the enforcement agency. The application shall be accompanied by the fee specified by the enforcement agency pursuant to Public Resources Code Section 44006(c). (See Appendix A.) This application shall contain the following information:
(a) The name and address of the enforcement agency, and the section in Chapters 3 or 3.1 of Division 7 of this Title authorizing eligibility for this tier.
(b) General description of the facility including, but not limited to name, location, site map, and location map.
(c) Facility information, including, but not limited to, volume and type of waste/material; handled, peak and annual loading, hours of operation, traffic, facility size, site capacity, and operating area.
(d) Operator information, including identification of the land owner, his/her address and telephone number; identification of the facility operator, his/her address and telephone number; and the address(es) at which process may be served upon the operator and owner.
(e) Conformance finding information as follows:
(1) Until a countywide or regional agency integrated waste management plan has been approved by the board, the application shall include statements that: the facility is identified and described in or conforms with the County Solid Waste Management Plan, or otherwise complies with Public Resources Code Section 50000; and that the facility is consistent with the city or county General Plan.
(2) After a countywide or regional agency integrated waste management plan has been approved by the board, the application shall include a statement that: the facility is identified in either the countywide siting element, the nondisposal facility element, or in the Source Reduction and Recycling Element for the jurisdiction to be identified in any of these elements pursuant to Public Resources Code Section 50001.
(f) The owner and operator shall each certify under penalty of perjury that the information which they have provided is true and accurate to the best of their knowledge and belief.
(g) Evidence that the application form was provided to the director of the local agency that oversees local use planning for the jurisdiction in which the site is located.
(h) List of all public hearings and other meetings open to the public that have been held or copies of notices distributed that are applicable to the proposed solid waste facilities permit action.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021, 43000-45802 and 50000-50002, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending first paragraph filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
3. Change without regulatory effect amending first paragraph and subsections (e)(1) and (f) filed 2-6-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 6).
4. Amendment of first paragraph and subsections (e)(1)-(2) and new subsections (g) and (h) filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§18104.2. Enforcement Agency Processing Requirements.
Note     •     History

(a) Upon receipt of an application filed pursuant to Section 18104.1, the enforcement agency shall mark the application with the date of receipt.
(b) The enforcement agency shall notify every person who has submitted a written request to be notified of any application.
(c) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of Section 18104.1.
(d) If the enforcement agency finds the application is complete and correct pursuant to Section 18104.1, it shall be accepted for filing and stamped with the date and time of acceptance.
(e) The enforcement agency shall provide notice pursuant to Title 27 Section 21660.3 prior to issuance of the solid waste facilities permit.
(f) When an application is accepted for filing, the enforcement agency shall issue a registration permit by mailing an executed form CIWMB 81 “Registration Permit” (rev. 1/95), which is incorporated herein by reference, to the applicant. Form CIWMB 81, along with a copy of the accepted application, must be mailed to the applicant within five days of filing. (See Appendix A.)
(g) The enforcement agency shall provide a copy of the registration permit to the board and to any person who has so requested in writing.
(h) If the enforcement agency finds that the application is not complete and correct pursuant to 18104.1, it shall not be accepted for filing. A copy of the rejected application accompanied by an explanation shall be mailed to the applicant within five days.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending subsection (e) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
3. Amendment of subsections (a) and (c), new subsection (e) and subsection relettering filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§18104.3. Record Keeping Requirements.
Note     •     History

(a) The enforcement agency shall maintain a current list of all pending applications at its offices. The list shall be publicly available during normal business hours.
(b) Written public comments on an application shall be retained by the enforcement agency.
(c) The enforcement agency shall forward copies of any written public comments received on an application to the board with the registration permit submitted pursuant to section 18104.2(f).
(d) Subsequent to the transmittal of the registration permit to the board, the enforcement agency shall within five days of receipt provide a copy of any additional written public comments to the board unless the comment clearly states that a copy has already been provided to the board.
(e) If an application is denied, the enforcement agency shall retain public comments received on that application for a period of 2 years. If a previously denied permit is approved, all comments received shall be forwarded to the board with the copy of the registration permit submitted under subsection (c) above.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18104.4. Completeness Appeal.
Note     •     History

If an application is determined to be incomplete, the applicant may appeal that determination to the enforcement agency within 15 days of the date that notification was received. Such an appeal must be in writing and specify the grounds for the appeal. A final written determination on the appeal shall be made by the hearing panel or hearing officer designated pursuant to section 44800 of the Public Resources Code, no later than 60 days after receipt of the applicant's appeal.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending section filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18104.5. Change in Operation.
Note     •     History

A new registration permit application shall be submitted when an operator proposes a change in operation or to transfer his/her permit for the same operation to another operator, or if the enforcement agency determines that a change in facility operations has occurred.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18104.6. Change in Owner.
Note     •     History

(a) An operator shall notify the enforcement agency in writing if a person, who owns property on which the solid waste facility is located, is encumbering, selling, transferring, or conveying the property, or part thereof; or allowing the property, or part thereof, to be encumbered, sold, transferred, or conveyed. The operator shall notify the enforcement agency at least 15 days prior to such action by the owner, or within 7 days of receiving notice of such action by the owner, whichever comes first. The enforcement agency shall transmit a copy of the notification to the board within five days of receipt.
(b) Any information provided pursuant to subdivision (a) of this section shall not be a matter of public record and shall be considered confidential until such time as the owner's encumbering, selling, transferring, or conveying of the property, occurs.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 6255, Government Code; and Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18104.7. Permit Review & Reissuance.
Note     •     History

(a) Every registration permit shall be reviewed at least once every five years from the date of issuance or reissuance.
(b) The enforcement agency shall notify the operator 60 days before the registration permit is due for review.
(c) No fewer than 35 days before the registration permit is due for review, the operator shall submit either a certification that the information contained in the controlling registration permit is current, or shall file a new application pursuant to Section 18104.1.
(d) If an operator files a certification as specified in subsection (c) above or a new application pursuant to Section 18104.1, the enforcement agency shall follow the procedures set forth in Sections 18104.2 and 18104.3.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 44015, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Amendment of subsections (b)-(d) filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§18104.8. Suspend/Revoke.
Note     •     History

Any registration permit may be suspended or revoked by the enforcement agency for cause pursuant to section 44305 or 44306 of the Public Resources Code. Any such action shall be undertaken by the enforcement agency using the procedures set forth in Article 2, Chapter 4 of the Public Resources Code (section 44305 et seq.).
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 44305-44310, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending section and Note filed 6-21-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 25).
§18104.9. Voiding of a Registration Permit.
Note     •     History

Every registration permit shall be void 30 days after cessation of operations. Any operator who intends to cease operations shall notify the enforcement agency of his/her last proposed date of operation at least 15 days in advance. The enforcement agency shall forward a copy of this notification to the board within 7 days. “Cessation of operations” does not include temporary operational shutdowns which are seasonal or intermittent in nature.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18105. Standardized Permit.
Note     •     History

(a) The standardized permit provisions of this Article shall apply only to solid waste facilities as specified in the minimum standards set forth in Chapters 3 or 3.1 of Division 7 of the Title.
(b) A standardized permit obtained pursuant to this Article shall contain only those terms and conditions applicable to the type of facility receiving it as set out in the minimum standards for that type of facility.
(c) Sections 18105.1 through 18105.11 establish the requirements for a standardized permit as follows:

(1) Filing Requirements	section 18105.1;

(2) Enforcement Agency Processing
Requirements	section 18105.2;

(3) Record keeping Requirements	section 18105.3;

(4) Completeness Appeal	section 18105.4;

(5) Board Processing Requirements	section 18105.5;

(6) Appeal of Decision	section 18105.6;

(7) Change in Operation	section 18105.7;

(8) Change in Owner	section 18105.8;

(9) Permit Review	section 18105.9;

(10) Suspend/Revoke	section 18105.10;
	and

(11) Voiding of a Standardized Permit	section 18105.11.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18105.1. Filing Requirements.
Note     •     History

Any operator proposing to operate a solid waste facility eligible for a standardized permit shall file an application in duplicate with the enforcement agency accompanied by the fee specified by the enforcement agency pursuant to Public Resources Code Section 44006(c). This application shall contain the following information:
(a) The name and address of the enforcement agency, and the section in Chapters 3 or 3.1 of Division 7 of this Title authorizing eligibility for this tier.
(b) General description of the facility including, but not limited to name, location, site map, and location map.
(c) Facility information, including, but not limited to, volume and types of waste/material handled, peak and annual loading, hours of operation, traffic, facility size, site capacity, and operating area.
(d) Operator information, including identification of the land owner, his/her address and telephone number; identification of the facility operator, his/her address and telephone number; and the address(es) at which process may be served upon the operator and owner.
(e) A Report of Facility Information that contains all of the information required by the applicable section(s) of Article 3.2, Chapter 5, of this Division.
(f) One of the following:
(1) Evidence that there has been compliance with the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code, regarding the facility; or,
(2) Information on the status of the application's compliance with the California Environmental Quality Act regarding the facility. Once there has been compliance with the California Environmental Quality Act regarding the facility, evidence of compliance shall be submitted to the enforcement agency.
(g) Conformance finding information as follows:
(1) Until a countywide or regional agency integrated waste management plan has been approved by the board, the application shall include statements that: the facility is identified and described in or conforms with the County Solid Waste Management Plan, or otherwise complies with Public Resources Code Section 50000; and that the facility is consistent with the city or county General Plan.
(2) After a countywide or regional agency integrated waste management plan has been approved by the board, the application shall include a statement that: the facility is identified in either the countywide siting element, the nondisposal facility element, or in the Source Reduction and Recycling Element for the jurisdiction in which it is located; or, that the facility is not required to be identified in any of these elements pursuant Public Resources Code Section 50001.
(h) The owner and operator shall each certify under penalty of perjury that the information provided is true and accurate to the best of their knowledge and belief.
(i) Evidence that the application form was provided to the director of the local agency that oversees local use planning for jurisdiction in which the site is located.
(j) List of all public hearings and other meetings open to the public that have been held or copies of notices distributed that are applicable to the proposed solid waste facilities permit action.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021, 43000-45802 and 50000-50002, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending subsections (c), (d) and (g)(1)-(2) filed 2-6-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 6).
3. Amendment of first paragraph and subsections (g)(1)-(2) and new subsections (i) and (j) filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§18105.2. Enforcement Agency Processing Requirements.
Note     •     History

(a) Upon receipt of an application filed pursuant to Section 18105.1, the enforcement agency shall mark the application with the date of receipt.
(b) The enforcement agency shall notify every person who has submitted a written request to be notified of any application.
(c) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of Section 18105.1.
(d) If the enforcement agency finds the application is complete and correct pursuant to 18105.1(a-e) and (g-h), it shall be accepted for filing.
(e) The application shall be stamped with the date and time of acceptance.
(f) If the enforcement agency finds that the application is not complete and correct pursuant to 18105.1(a-e) and (g-h), it shall not be accepted for filing. A copy of the rejected application accompanied by explanation shall be mailed to the applicant within five days.
(g) Within fifteen days of acceptance of an application for filing:
(1) The enforcement agency shall evaluate the information provided in the application and the proposed facility to determine whether or not the facility will be able to operate in compliance with the applicable minimum standards and standardized solid waste facilities permit terms and conditions.
(2) The enforcement agency shall provide notice pursuant to Title 27 Section 21660.3.
(3) If the enforcement agency finds that the application and facility meet the requirements set forth in subdivision (g)(1) of this section then the enforcement agency shall forward the proposed standardized permit, application package, and the results of any analysis to the board. The enforcement agency shall further provide the applicant with a copy of the proposed standardized permit submitted to the board. In addition, the enforcement agency shall provide a copy of the proposed standardized permit to any person who has so requested in writing.
(4) If the enforcement agency finds that the application or facility do not meet the requirements set forth in subdivision (g)(1) of this section, the enforcement agency shall reject the application. A copy of the rejected application accompanied by an explanation shall be mailed to the applicant.
(h) If evidence of compliance with the California Environmental Quality Act, as required by Section 18105.1(f), has not been submitted within 15 days of acceptance of the application as complete, then the decision required by Section 18105.2(g) shall be held in abeyance until compliance with this requirements has been demonstrated. Unless waived by the applicant pursuant to Public Resources Code Section 44008, if evidence of compliance with the California Environmental Quality Act has not been submitted within 120 days of the application's acceptance for filing, the enforcement agency shall reject the application and not issue the standardized permit.
(i) Once the board has concurred in the issuance of the proposed standardized permit, pursuant to Section 18105.5, the enforcement agency shall issue the standardized permit.
(j) If the board objects to the proposed standardized permit, the enforcement agency shall notify the applicant in writing of the board's decision, and the reasons for that decision, within five days of receipt of that decision.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Amendment of subsections (a), (c) and (g)(1), new subsection (g)(2), subsection renumbering and amendment of subsections (h)-(i) filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§18105.3. Record Keeping Requirements.
Note     •     History

(a) The enforcement agency shall maintain a current list of all pending applications at its offices. The list shall be publicly available during normal business hours.
(b) Written public comments on an application shall be retained by the enforcement agency.
(c) The enforcement agency shall forward copies of any written public comments received on a pending application to the board with the proposed standardized permit submitted pursuant to section 18105.2(g).
(d) Subsequent to the transmittal of the proposed standardized permit, the enforcement agency shall within five days of receipt provide a copy of any additional written public comments to the board, unless the comment clearly states that a copy has already been provided to the board.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18105.4. Completeness Appeal.
Note     •     History

If an application is determined to be incomplete, the applicant may appeal that determination to the enforcement agency within 15 days of the date that notification was received. Such an appeal must be in writing and specify the grounds for the appeal. A final written determination on the appeal shall be made by the hearing panel or hearing officer designated pursuant to section 44800 of the Public Resources Code, no later than 60 days after receipt of the applicant's appeal.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending section filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18105.5. Board Processing Requirements.
Note     •     History

(a) The board shall mark the proposed standardized permit with the date of receipt.
(b) The board shall evaluate the application package and the proposed standardized permit for compliance with the requirements set forth by section 18105.1 and 18105.2(g).
(c) Within 30 days of receipt of a proposed standardized permit, the board shall either concur in or object to the issuance of the proposed standardized permit.
(d) If the proposed standardized permit contains terms and conditions not authorized by the minimum standards and the permit is otherwise in conformance with these regulations, any additional unauthorized terms and conditions shall be stricken. The board shall concur in the edited standardized permit.
(e) Within 7 days of the decision to concur in or object to a proposed standardized permit, the board shall notify the enforcement agency of its determination in writing. If the board objects, the reasons for the objection shall be provided to the enforcement agency.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18105.6. Appeal of Decision.
Note     •     History

(a) Any applicant may appeal the decision of the enforcement agency taken pursuant to section 18105.2(g)(3) or of the Board taken pursuant to section 18105.5 to the enforcement agency within 15 days of the date that the decision was received. Such an appeal must be in writing and specify the grounds for the appeal. A final written determination on the appeal shall be made by the hearing panel or hearing officer designated pursuant to section 44800 of the Public Resources Code, no later than 60 days after receipt of the applicant's appeal.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending subsection (a) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18105.7. Change in Operation.
Note     •     History

A new standardized permit application shall be submitted when an operator proposes a change in operation or to transfer his/her permit for the same operation to another operator, or if the enforcement agency determines that a change in facility operations has occurred.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18105.8. Change in Owner.
Note     •     History

(a) An operator shall notify the enforcement agency in writing if a person, who owns property on which the solid waste facility is located, is encumbering, selling, transferring, or conveying the property, or part thereof; or allowing the property, or part thereof, to be encumbered, sold, transferred, or conveyed. The operator shall notify the enforcement agency at least 15 days prior to such action by the owner, or within 7 days of receiving notice of such action by the owner, whichever comes first. The enforcement agency shall transmit a copy of the notification to the board within five days of receipt.
(b) Any information provided pursuant to subdivision (a) of this section shall not be a matter of public record and shall be considered confidential until such time as the owner's encumbering, selling, transferring, or conveying of the property, occurs.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 6255, Government Code; and Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
§18105.9. Permit Review and Reissuance.
Note     •     History

(a) Every standardized permit shall be reviewed at least once every five years from the date of issuance or reissuance.
(b) The enforcement agency shall notify the operator 60 days before the standardized permit is due for review.
(c) No fewer than 35 days before the standardized permit is due for review, the operator shall submit either a certification that the information contained in the controlling solid waste facilities permit is current, or shall file a new application pursuant to Section 18105.1.
(d) If an operator files a certification as specified in subsection (c) above or a new application pursuant to Section 18105.1, the enforcement agency shall follow the procedures set forth in Sections 18105.2 and 18105.3 and the board shall follow the procedures set forth in Section 18105.5.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 44015, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending subsection (d) filed 6-21-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 25).
3. Amendment of subsections (b)-(d) filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§18105.10. Suspend/Revoke.
Note     •     History

Any standardized permit may be suspended or revoked by the enforcement agency for cause pursuant to section 44305 or 44306 of the Public Resources Code. Any such action shall be undertaken by the enforcement agency using the procedures set forth in Article 2, Chapter 4 of the Public Resources Code (section 44305 et seq.).
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 44305-44310, Public Resources Code.
HISTORY

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending section and Note filed 6-21-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 25).
§18105.11. Voiding of a Standardized Permit.
Note     •     History

Every standardized permit shall be void 30 days after cessation of operations. Any operator who intends to cease operations shall notify the enforcement agency of his/her last proposed date of operation at least 15 days in advance. The enforcement agency shall forward a copy of this notification to the board within 7 days. “Cessation of operations” does not include temporary operational shutdowns which are seasonal or intermittent in nature.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New section and forms CIWMB 81 and 83 filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect  moving forms to section 18831, appendix A filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14). 
Article 3.1. Application for Solid Waste Facilities Permits
§18200. Scope.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
HISTORY

1. New article 3 (sections 18200-18217, not consecutive) filed 5-27-77; designated effective 7-1-77 (Register 77, No. 22).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Amendment of section and Note filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18200.1. Definitions.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020. Reference: Sections 44001-44017, 44100-44101, 44300-44301, 44500-44503 and 44813-44816, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18201. Form of Application and Supporting Documents (Application Package).
Note     •     History

NOTE

Authority cited: Sections 40002, 40502 and 43020, Public Resources Code. Reference: Sections 44001-44017, 44100-44101, 44300-44301, 44500-44503, and 44813-44816, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Amendment filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
3. Change without regulatory effect repealing subsection (d)(1)(F) and relettering subsection filed 1-18-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 3).
4. Change without regulatory effect repealing subsection (d)(1)(E) and subsection relettering filed 2-6-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 6).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18202. Amendments to Application.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44001-44006, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Amendment filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18203. Filing of Application and Transmittal of Copies.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44001-44006 and 44007-44010, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Amendment filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18204. Public Notice and Comment.
History

HISTORY

1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Editorial correction repealing section and adding History (Register 97, No. 26).
§18205. Investigation of Application.

§18206. Environmental Review.

§18207. Proposed Permit; Board Review.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44007-44010 and 44014, Public Resources Code.
HISTORY

1. New subsection (c) filed 10-31-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 45).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Amendment of subsection (a) and new subsection (d) filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18208. Issuance of Permit; Final Environmental Determination.
Note     •     History

(a) Upon compliance with the Act and this article, and upon the concurrence of the board, the enforcement agency may make findings and issue the permit as provided in subsection (a) of Public Resources Code section 44014. The permit shall specify the person authorized to operate the facility and the boundaries of the facility. The permit shall contain such conditions as are necessary to specify a design and operation for which the applicant has demonstrated in the proceedings before the enforcement agency and the board the ability to control the adverse environmental effects of the facility.
(1) As used herein, “design” means the layout of the facility (including numbers and types of fixed structures), total volumetric capacity of a disposal site or total throughput rate of a transfer/processing station, transformation facility, or composting facility, vehicular traffic flow, and patterns surrounding and within the facility, proposed contouring, and other factors that may be considered a part of the facility's physical configuration.
(2) As used herein, “operation” means the procedures, personnel, and equipment utilized to receive, handle and dispose of solid wastes and to control the effects of the facility on the environment.
(b) (Reserved)
(c) Copies of the permit (including conditions specified therein), findings, and any document setting forth the enforcement agency's final environmental determination shall be provided the board and any person who has requested in writing that such copies be provided.
Comment: In filing an application for a new permit or permit revision, the applicant will be required to specify the proposed design and operation of the facility, to describe any anticipated environmental consequences of the specified design and operation, and to propose measures to minimize and mitigate any adverse environmental effects. The permit that is issued would specify the measures found by the agency to be necessary, for a facility of given design and operation, to satisfy the requirements of the Act for protection of the environment. Accordingly, the permit would limit the facility to the design and operation that corresponds to those measures. Any significant change in design or operation would require revision of the permit. See section 18211. In order to avoid the need to revise a permit for each minor change in operation, the conditions should be drafted to accommodate fluctuations without requiring a permit revision, so long as such changes do not necessitate additional measures to control their environmental effects.
NOTE

Authority cited: Sections 40502 and 43200, Public Resources Code. Reference: Sections 44012 and 44014, Public Resources Code.
HISTORY

1. Amendment of subsection (a) filed 8-3-77 as an emergency; effective upon filing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Amendment of subsection (a)(1) and Note filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
§18209. Denial of Permit.
Note     •     History

(a) The enforcement agency shall deny the permit when any of the following occur:
(1) The enforcement agency determines that the proposed facility is not consistent with the county solid waste management plan or cannot conform to the state standards.
(2) The Board has objected to the proposed permit and either:
(A) there are less than 45 days remaining before the statutory deadline for action on the application and the applicant declines to waive the deadline; or
(B) the enforcement agency determines that it will be impossible to propose a permit that will be mutually satisfactory to the enforcement agency, the board, and the applicant. The enforcement agency may deny the permit under any other circumstances provided by law.
(b) Upon denial of a permit, the enforcement agency shall give written notice of the denial to the applicant, the board, and any other person who has requested in writing that such notice be given. Notice to the applicant shall be accompanied by a form request for a hearing, which the applicant may use to obtain a hearing before the hearing panel or hearing officer.
(c) An applicant who desires a hearing on the denial of a permit shall file with the enforcement agency a written request for a hearing. The enforcement agency shall provide the board with copies of the request, the statement of issues, and the notice of defense within five business days of service upon the applicant.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44007-44017 and 44300, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Change without regulatory effect amending subsection (b) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18210. Notice of Operation Prior to August 15, 1977.
Note     •     History

NOTE

(Reference: Gov. Code Sections 66796.30, 66796.32-66796.34, 66796.45-66796.46)
HISTORY

1. Change without regulatory effect repealing Section 18210 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 77, No. 22.
§18211. Application for Revision of a Permit.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44001-44006 and 44007-44017, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18212. Reinstatement of Suspended and Revoked Permits.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44500-44503 and 44817, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18213. Review of Permits.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44011, Public Resources Code.
HISTORY

1. Amendment of subsection (c) filed 8-3-77 as an emergency; effective upon filing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Amendment of subsections (a), (c) and Comment filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18215. Exemptions from Requirement of a Permit.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 8-3-77 as an emergency; effective thirtieth day thereafter (Register 77, No. 32).
2. New subsection (b)(8) filed 10-31-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 45).
3. Certificate of Compliance as to 8-3-77 filing filed 11-1-77 (Register 77, No. 45).
4. Change without regulatory effect of subsections (b)(2) and (b)(4) filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35).
5. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27). 
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18216. Notice of Change of Address.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44500-44503, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18217. Notice of Change of Ownership of Property.
Note     •     History

NOTE

Reference: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44001-44006, Public Resources Code.
HISTORY

1. Amendment filed 8-3-77 as an emergency; effective upon filing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 3.1.1. Temporary Solid Waste Facilities Permits
§18218. Scope and Applicability.
Note     •     History

(a) The Legislature has determined that a substantial number of persons are carrying out solid waste handling and composting activities in violation of current law due to changing trends in local solid waste handling and collection practices and state regulation of solid waste handling and composting activities. The Legislature has directed that the California Integrated Waste Management Board (Board) adopt regulations to enable such persons to obtain temporary solid waste facilities permits to authorize the continued operation of such facilities for a limited period to provide them time to obtain permanent solid waste facilities permits pursuant to the Integrated Waste Management Act (the Act) and Board regulations.
(b) The purpose of this article is to authorize an enforcement agency, upon the concurrence of the Board's Executive Director, to issue a temporary solid waste facilities permit, to the operator of an eligible facility that is required to have a solid waste facilities permit but has not obtained such a permit.
(c) This article establishes procedures by which operators may apply for a temporary solid waste facilities permit and informs operators of eligible facilities and enforcement agencies of those procedures.
(d) This article establishes standards and other regulatory requirements for facilities operating under a temporary solid waste facilities permit.
(e) This article establishes procedures for enforcement agency and Board consideration of applications for temporary solid waste facilities permits, for Board concurrence in or objection to proposed permits, and enforcement agency issuance or denial of permits.
(f) This article does not restrict any facility or recycling center, as defined in 17402.5(d) of Title 14, California Code of Regulations (14 CCR), from conducting recycling activities in accordance with applicable law.
(g) This article does not limit the authority of the state or a local agency, including the Board and an enforcement agency, to enforce State Minimum Standards and all other provisions of the Act and Board regulations within their respective jurisdictions.
NOTE

Authority cited: Section 44002.1, Public Resources Code. Reference: Section 44002.1, Public Resources Code.
HISTORY

1. New article 3.1.1 (sections 18218-18218.9) and section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register 2008, No. 11). Pursuant to Public Resources Code section 44002.1(d), a Certificate of Compliance must be transmitted to OAL by 6-30-2010 or emergency language will be repealed by operation of law on the following day.
§18218.1. Definitions.
Note     •     History

In addition to the definitions set forth in the Act or in sections 17381, 17402, and 17852 of the 14 CCR, the following definitions apply exclusively to this article:
(a) “Temporary Solid Waste Facilities Permit” or “Temporary Permit” means a solid waste facilities permit issued pursuant to this article.
(b) “Solid Waste Transfer or Processing Station” means a Transfer/Processing Facility that receives 15 tons or more of solid waste or 200 tons or more of construction and demolition debris [defined at 14 CCR 17381(e)] or construction and demolition wood mulch [defined at 14 CCR 17381(f)] per operating day for the purpose of storing, handling or processing some or all of the material prior to transferring the material to another solid waste operation or facility. Solid waste transfer or processing station does not include activities excluded from regulation in 14 CCR 17402.5.
(1) In determining the tonnage of solid waste received by a facility, the following materials shall be excluded: recyclable materials received by a recycling center located within the facility, including without limitation beverage container recycling programs in accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling activities are separated from the solid waste handling activities by a defined physical barrier or are otherwise separated from solid waste handling activities in a manner approved by the enforcement agency.
(2) If a facility does not weigh the solid waste, construction and demolition debris or construction and demolition wood mulch received, the tonnage shall be determined using a volumetric conversion factor.
(c) “Composting Facility” means a Compostable Material Handling Facility that processes, transfers, or stores compostable material. Handling includes composting, screening, chipping and grinding, and storage activities related to the production of compost, compost feedstocks, and chipped and ground materials, and as more fully described at 14 CCR 17852(a)(12). Composting facility does not include activities excluded from regulation in 14 CCR 17855.
(d) “Eligible Facility” means a solid waste transfer or processing station or a composting facility that has been in continuous operation since January 1, 2007 or earlier and for which a solid waste facilities permit issued pursuant to the Act and Board regulations is required as of January 1, 2008, but has not yet been issued by the enforcement agency having jurisdiction. 
(e) “Facility” means either a Solid Waste Transfer or Processing Station or a Composting Facility, as defined in this article.
(f) “In Operation” means that the facility is actively engaged in the business of solid waste handling or compostable materials handling.
(g) “Permanent Solid Waste Facilities Permit” means a solid waste facilities permit issued pursuant to the Act except a temporary permit issued pursuant to this article.
NOTE

Authority cited: Section 44002.1, Public Resources Code. Reference: Section 44002.1, Public Resources Code.
HISTORY

1. New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register 2008, No. 11). Pursuant to Public Resources Code section 44002.1(d), a Certificate of Compliance must be transmitted to OAL by 6-30-2010 or emergency language will be repealed by operation of law on the following day.
§18218.2. Authority to Issue Temporary Permits.
Note     •     History

(a) Pursuant to this article, an enforcement agency may issue a temporary permit that authorizes the operator of an eligible facility to continue operating for a limited time until it obtains a permanent solid waste facilities permit or July 1, 2010, whichever comes first. 
(b) An enforcement agency may not accept an application for a temporary permit after May 9, 2008 (the “final application date”). 
(c) A temporary permit issued under this article shall expire on June 30, 2010 or on the effective date of the permanent solid waste facilities permit respecting the facility, whichever comes first.
(d) A temporary permit may not authorize any increase in the amount of materials handled at a facility or any change in the types of materials handled or in the manner they are handled, based on the facility's operations during calendar year 2007, except as the enforcement agency may determine that such changes are necessary to protect the public health and safety and the environment or to comply with state minimum standards applicable to the facility. 
(e) A temporary permit may not authorize a facility to increase, or change the location of, the area devoted to solid waste handling activities or compostable materials handling activities beyond that utilized during calendar year 2007, except as the enforcement agency may determine that such increase or change is necessary to protect the public health and safety and the environment or to comply with state minimum standards applicable to the facility. 
(f) A facility to which a temporary permit has been issued may not be moved from its location as of January 1, 2008 to another location on a different parcel of real property during the term of the permit.
(g) Neither ownership nor the operation of a facility to which a temporary permit has been issued may be transferred to another person during the term of the permit except as provided in Title 27, California Code of Regulations, Sections 21630 and 21670.
(h) Except as expressly provided otherwise in this article, facilities operating under a temporary permit shall comply with the Act and Board regulations applicable to such facilities.
NOTE

Authority cited: Section 44002.1, Public Resources Code. Reference: Section 44002.1, Public Resources Code.
HISTORY

1. New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register 2008, No. 11). Pursuant to Public Resources Code section 44002.1(d), a Certificate of Compliance must be transmitted to OAL by 6-30-2010 or emergency language will be repealed by operation of law on the following day.
§18218.3. Requirement to Obtain a Temporary Permit.
Note     •     History

(a) The operator of an eligible facility shall obtain a temporary permit pursuant to this article or a permanent solid waste facilities permit pursuant to the Act and Board regulations or shall immediately cease the activities for which a permit is required. 
(b) An operator of an eligible facility, if it elects to apply for a temporary permit, shall submit a complete and correct application for such permit to the enforcement agency no later than the final application date.
(c) If an enforcement agency, acting pursuant to Public Resources Code Section 44002, issues a cease and desist order to the operator of an eligible facility prior to the final application date ordering the operator to cease operating a solid waste facility without a solid waste facilities permit, it shall, upon receipt of a complete and correct application for a temporary permit under this article, stay the effect of that portion of the order that directs the operator to cease operating a solid waste facility without the required solid waste facilities permit. The term of the stay shall run from the enforcement agency's determination that the application is complete and correct to its issuance of the temporary permit, in which case the enforcement agency's order to cease operating a solid waste facility without the necessary permit has no further effect, or its denial of the temporary permit and the completion of any appeals to the local hearing panel or hearing officer and the Board, in which case the cease and desist order shall be given its full force and effect. Notwithstanding, the effect of the cease and desist order will not be stayed if the enforcement agency determines the continued operation of the facility during the period of the stay may pose an imminent and substantial threat to the public health and safety and the environment.
(d) The operator of a facility operating pursuant to a temporary permit shall obtain a permanent solid waste facilities permit from the enforcement agency having jurisdiction, or cease the activities for which a solid waste facilities permit is required, on or before June 30, 2010. 

[Note: A person who is conducting solid waste handling activities or composting who is not required to obtain a solid waste facilities permit may be required to notify the enforcement agency. See, for example, 14 CCR §§17403.3, 17383.3, 17383.4, 17383.7, 17857.1, 17862.1.]
NOTE

Authority cited: Section 44002.1, Public Resources Code. Reference: Section 44002.1, Public Resources Code.
HISTORY

1. New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register 2008, No. 11). Pursuant to Public Resources Code section 44002.1(d), a Certificate of Compliance must be transmitted to OAL by 6-30-2010 or emergency language will be repealed by operation of law on the following day.
§18218.4. Standards Applicable to Facilities.
Note     •     History

(a) The operator of a solid waste transfer or processing station for which a temporary permit has been issued must comply with the requirements of 14 CCR, division 7, chapter 3, articles 6.2 [Operating Standards], 6.3 [Record Keeping Requirements], and 6.35 [Additional Operating Requirements for Facilities Only].
(b) The operator of a composting facility for which a temporary permit has been issued must comply with the requirements of 14 CCR, division 7, chapter 3.1, articles 5 [Composting Operation and Facility Siting and Design Standards], 6 [Composting Operating Standards], and article 8 [Composting Operation and Facility Records]. If material is held at the composting facility longer than 7 days, the operator must also comply with the requirements of 14 CCR, division 7, chapter 3.1, article 7 [Environmental Health Standards]. 
(c) The owner or operator of a facility for which a temporary permit has been issued shall agree to allow the enforcement agency and the Board to inspect the facility at any time during normal business hours. The enforcement agency shall inspect the facility at least monthly and may inspect more frequently, as it deems appropriate. Inspections will be unannounced and unscheduled.
NOTE

Authority cited: Section 44002.1, Public Resources Code. Reference: Section 44002.1, Public Resources Code.
HISTORY

1. New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register 2008, No. 11). Pursuant to Public Resources Code section 44002.1(d), a Certificate of Compliance must be transmitted to OAL by 6-30-2010 or emergency language will be repealed by operation of law on the following day.
§18218.5. Notification of Availability of a Temporary Permit.
Note     •     History

Each enforcement agency shall attempt to notify the operators of all potential eligible facilities within its jurisdiction of the availability of temporary permits. The failure of an enforcement agency to so notify an operator of an eligible facility shall not excuse an operator from timely compliance with this article.
NOTE

Authority cited: Section 44002.1, Public Resources Code. Reference: Section 44002.1, Public Resources Code.
HISTORY

1. New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register 2008, No. 11). Pursuant to Public Resources Code section 44002.1(d), a Certificate of Compliance must be transmitted to OAL by 6-30-2010 or emergency language will be repealed by operation of law on the following day.
§18218.6. Application for a Temporary Permit.
Note     •     History

(a) The operator of an eligible facility who desires to obtain a temporary permit pursuant to this article shall file a complete and correct application for such permit on or before the final application date.
(b) The application must describe the solid waste handling and composting activities to be authorized under the temporary permit sought by the operator of the eligible facility. Those activities shall be substantially identical to those conducted by the operator during calendar year 2007, although the operator may decrease the amount of materials handled or make other changes that enhance the protection of the public health and safety or reduce the facility's impacts on the environment. In no case shall the solid waste handling or composting activities be changed in a way that would subject the proposed permit to evaluation under the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000 et seq. The application must contain sufficient verifiable information regarding the solid waste handling and composting activities at the facility during 2007 to satisfy the enforcement agency that the activities proposed under the temporary permit are substantially identical to those conducted at the facility during calendar year 2007.
(c) The application for a temporary permit for a transfer and processing facility shall contain the following:
(1) Application For Solid Waste Facilities Permit/Waste Discharge Requirements Form (27 CCR, Division 2, CIWMB E-1-77, Version 8-04, Appendix 1 (incorporated herein by reference)). The applicant shall specify on the application that it is intended for a temporary permit. 
(2) name(s) of the operator and owner.
(3) schematic drawing of the facility, including buildings and other structures, showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, loading, and parking areas.
(4) descriptive statement of the manner in which activities are currently conducted at the facility and proposed to be conducted under the temporary permit.
(5) days and hours that the facility operates. If the hours of waste receipt differ from the hours of material processing, each set of hours must be stated. For facilities with continuous operations, indicate the start of the operating day for purpose of calculating amount of waste received per operating day. The operator may also indicate whether or not, and when, other activities, such as routine maintenance will take place, if those activities will occur at times other than those indicated above.
(6) total acreage contained within the operating area and total area that is to be included within the solid waste facilities permit.
(7) facility design capacity including the assumptions, methods, and calculations performed to determine the total capacity.
(8) information showing the types and the daily quantities of solid waste received during 2007. If tonnage was calculated from records stated in cubic yards, include the conversion factor used. The information submitted shall be in the form of verifiable business records, such as certified scale records, weight tags, receipts, bills of sale, disposal receipts, and other records acceptable to the enforcement agency. The information shall include records (if available) or good faith estimates (if records are not available) of the daily quantities of “putrescible wastes” and “residuals” (as defined in subdivision (a)(21) of Section 17402 and in subdivision (b)(1) of Section 17402.5 of 14 CCR, respectively) during calendar year 2007. 
(9) description of the methods used by the facility to comply with each applicable state minimum standard as described in 14 CCR 18218.4. 
(10) volume of quench or process water and the planned method of treatment, and disposal of any wastewater.
(11) description of provisions to handle unusual peak loading.
(12) description of transfer, recovery and processing equipment, including classification, capacity and the number of units.
(13) method for final disposal of the solid waste.
(14) method for the storage and removal of salvaged material.
(15) resumes of manager of the organization which will operate the facility.
(16) Fire Prevention, Control and Mitigation Plan which contains the following:
(A) Description of the measures the operator will take to prevent fires and to control and extinguish fires at the site.
(B) Identification and description of the equipment the operator will have available (on site and readily available off-site) to control and extinguish fires.
(C) Description of the measures the operator will take to mitigate the impacts of any fire at the site to the public health and safety and the environment.
(D) Description of the arrangements the operator has made with the local fire control authority having jurisdiction to provide fire prevention, control and suppression.
(E) Discussion of the ability of the local fire control authority to suppress fires at the site in light of the authority's personnel, expertise and equipment, the availability of water, access to the site and to flammable materials on the site, the nature of flammable materials on the site, the quantity and dimensions of materials on the site, and the potential for subsurface fires in accumulations of flammable materials on the site.
(17) The operator shall certify whether the facility is included within the Nondisposal Facility Element of the applicable Countywide Solid Waste Management Plan. If not, the operator shall acknowledge that the facility must be included in such plan before a permanent solid waste facilities permit will be issued.
(18) The owner and operator shall each certify under penalty of perjury that the information provided is true and accurate to the best of their knowledge and belief.
(19) Evidence that a copy of the completed application was provided to the director of the local agency that oversees local land use planning for the jurisdiction in which the facility is located.
(20) List of all public hearings and other meetings open to the public that have been held or copies of notices distributed that are applicable to the proposed solid waste facilities permit action.
(d) The application for a temporary permit for a composting facility shall contain the following:
(1) Application For Solid Waste Facilities Permit/Waste Discharge Requirements Form (27 CCR, Division 2, CIWMB E-1-77, Version 8-04, Appendix 1 (incorporated herein by reference)). The applicant shall specify on the application that it is intended for a temporary registration permit.
(2) name(s) of the operator and owner.
(3) A descriptive statement of the operations currently conducted at the facility and proposed to be conducted under the temporary permit. 
(4) A schematic drawing of the facility, including any buildings and other structures, showing layout and general dimensions of all processes utilized in the handling and processing of materials including, but not limited to, unloading, storage, processing, parking, and loading areas.
(5) A description of methods used to control leachate, litter, odors, dust, rodents, and insects.
(6) A description of the emergency provisions for equipment breakdown or power failure.
(7) A description of the storage capacity and maximum and average length of time compostable materials will be stored at the facility.
(8) A description of compostable materials handling equipment used at the facility including type, capacity, and number of units.
(9) Information demonstrating the operations of the facility during 2007 in cubic yards, including without limitation compostable materials and feedstock received, processed and stored on the site and finished materials stored on the site. The information submitted shall be in the form of verifiable business records, such as certified scale records, weight tags, receipts, bills of sale, disposal receipts and other records acceptable to the enforcement agency.
(10) A description of provisions to handle unusual peak loadings.
(11) A description of the method for storage and final disposal of nonrecoverable or nonmarketable residues.
(12) A description of the water supplies for process water required.
(13) Identification of person(s) responsible for oversight of facility operations.
(14) An Odor Impact Minimization Plan pursuant to 14 CCR 17863.4.
(15) Fire Prevention, Control and Mitigation Plan which contains the following:
(A) Description of the measures the operator will take to prevent fires and to control and extinguish fires at the site.
(B) Identification and description of the equipment the operator will have available (on site and readily available off-site) to control and extinguish fires.
(C) Description of the measures the operator will take to mitigate the impacts of any fire at the site to the public health and safety and the environment.
(D) Description of the arrangements the operator has made with the local fire control authority having jurisdiction to provide fire prevention, control and suppression.
(E) Discussion of the ability of the local fire control authority to suppress fires at the site in light of the authority's personnel, expertise and equipment, the availability of water, access to the site and to flammable materials on the site, the nature of flammable materials on the site, the quantity and dimensions of materials on the site, and the potential for subsurface fires in accumulations of flammable materials on the site.
(16) The operator shall certify whether the facility is included within the Nondisposal Facility Element of the applicable Countywide Solid Waste Management Plan. If not, the operator shall acknowledge that the facility must be included in such plan before a permanent solid waste facilities permit will be issued.
(17) The owner and operator shall each certify under penalty of perjury that the information provided is true and accurate to the best of their knowledge and belief.
(18) Evidence that a copy of the completed application was provided to the director of the local agency that oversees local use planning for the jurisdiction in which the facility is located.
(19) List of all public hearings and other meetings open to the public that have been held or copies of notices distributed that are applicable to the proposed solid waste facilities permit action.
(e) If an operator of an eligible facility fails to submit a complete and correct application to the enforcement agency by the final application date, the enforcement agency shall take appropriate enforcement action.

(Note: The information provided to comply with 18218.6(c)(8) and (d)(9) shall be substantial enough to provide a complete description of the specific waste types and amounts received. The description could include: a list of waste types and amounts; specific collection methods used such as curbside, commercial recycling bins, office recycling; the nature of the waste such as the percentage of putrescible materials mixed in the material; percentage of material that is sent for further processing or disposal; and similar information.)
NOTE

Authority cited: Section 44002.1, Public Resources Code. Reference: Section 44002.1, Public Resources Code.
HISTORY

1. New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register 2008, No. 11). Pursuant to Public Resources Code section 44002.1(d), a Certificate of Compliance must be transmitted to OAL by 6-30-2010 or emergency language will be repealed by operation of law on the following day.
§18218.7. Enforcement Agency Processing Requirements for a Temporary Permit.
Note     •     History

(a) Upon receipt of an application for a temporary permit on or before the final application date, the enforcement agency shall mark on the application form the date of its receipt. 
(1) Within 20 days from receipt, the enforcement agency shall (i) review the application to determine whether it meets the requirements of section 18218.6 and (ii) notify the applicant in writing of any deficiencies in the application. 
(2) Within 10 days from its receipt of notice that the application is deficient, the applicant may submit to the enforcement agency revised or additional materials to correct the deficiencies in the application. 
(3) Within 5 days from its receipt of such revised or additional materials, the enforcement agency shall (i) determine if the application, as revised and supplemented, meets the requirements of section 18218.6 and (ii) take the action specified in subdivision (b) or (c) of this section, as appropriate. 
(b) If the enforcement agency finds that the application is not complete and correct pursuant to section 18218.6, the enforcement agency shall reject the application and mail a copy of the rejected application, together with an explanation of the basis for its rejection, to the applicant. 
(c) If the enforcement agency finds the application is complete and correct pursuant to section 18218.6, the enforcement agency shall accept the application for filing, stamp the application form with the date and time of its acceptance and notify the applicant in writing that its application has been accepted for filing.
(d) Within 15 days of the enforcement agency's acceptance of an application for filing:
(1) The enforcement agency shall evaluate the information provided in the application and shall inspect the facility to determine whether or not the facility will be able to operate in compliance with the applicable standards.
(2) If the enforcement agency finds that the application and facility meet the requirements set forth in this article, the enforcement agency shall prepare a proposed temporary permit and shall submit the proposed permit, the application package, and the results of any analysis of the proposed permit to the Board. The enforcement agency shall also deliver a copy of the proposed temporary permit to the applicant. 
(3) If the enforcement agency finds that the application or facility do not meet the requirements set forth in this article, the enforcement agency shall deny the application and the enforcement agency shall mail a copy of the denied application to the applicant, together with an explanation of the basis for its denial. 
(e) If the Executive Director of the Board concurs in the issuance of the proposed temporary permit, the enforcement agency shall issue the permit within 5 days from its receipt of notice of Board concurrence.
(f) If the Executive Director of the Board objects to the proposed permit, the enforcement agency shall notify the applicant in writing of the Executive Director's decision and the basis for the Executive Director's objection and shall deny the application within 5 days from its receipt of that decision.
(g) If the enforcement agency denies an application for a temporary permit, whether as a result of its own determination or the objection of the Executive Director, the operator may appeal to the applicable hearing panel or hearing officer pursuant to Public Resources Code, section 44300. Upon a timely appeal, the denial of the application shall be suspended pending completion of the hearing and the issuance of a decision by the hearing panel or hearing officer and any subsequent appeal to the Board.
NOTE

Authority cited: Section 44002.1, Public Resources Code. Reference: Section 44002.1, Public Resources Code.
HISTORY

1. New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register 2008, No. 11). Pursuant to Public Resources Code section 44002.1(d), a Certificate of Compliance must be transmitted to OAL by 6-30-2010 or emergency language will be repealed by operation of law on the following day.
§18218.8. Board Processing Requirements.
Note     •     History

(a) Board staff shall evaluate the application package and the proposed temporary permit for compliance with the requirements set forth in this article.
(b) Within 15 days of the Board's receipt of a proposed temporary permit, the Executive Director of the Board shall either concur in or object to the issuance of the proposed temporary permit. 
(c) The Executive Director of the Board shall concur in the issuance of a temporary permit unless he/she makes any of the following determinations:
(1) The application package that the enforcement agency submitted to the Board with a proposed temporary solid waste facilities permit is incomplete.
(2) The information provided by the applicant and the enforcement agency to demonstrate the nature and level of solid waste handling activities or compostable materials handling activities at the facility in 2007 does not justify the activities proposed at the facility under the proposed temporary permit, is not credible due to a lack of verification or other reasons, or is contradicted and discredited by credible evidence provided to the Executive Director. 
(3) The enforcement agency's proposed temporary permit developed pursuant to this article does not insure that the facility will be able to operate consistent with applicable standards, as determined by the Executive Director. 
(d) The failure of an eligible facility to be specified in the Nondisposal Facility Element of the applicable Countywide Solid Waste Management Plan is not grounds for the Executive Director to object to a proposed temporary permit in that the issuance of a temporary permit does not constitute the establishment or expansion of a solid waste facility for the purposes of Public Resources Code Section 50001.
(e) If the Executive Director objects to a proposed temporary permit, he/she shall accompany his/her objection with an explanation of the basis for his/her decision, which may suggest amendments that may correct the deficiencies in the proposed temporary permit; however, such suggestions do not constitute approval of the proposed temporary permit subject to incorporation of the suggestions.
(f) Within seven days from the Executive Director's concurrence in, or objection to, a proposed temporary permit, the Board staff shall notify the enforcement agency of the Executive Director's determination in writing. If the Executive Director objects, the reasons for the objection shall be provided to the enforcement agency.
NOTE

Authority cited: Section 44002.1, Public Resources Code. Reference: Section 44002.1, Public Resources Code.
HISTORY

1. New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register 2008, No. 11). Pursuant to Public Resources Code section 44002.1(d), a Certificate of Compliance must be transmitted to OAL by 6-30-2010 or emergency language will be repealed by operation of law on the following day.
§18218.9. Form of Temporary Permit.
Note     •     History

For purposes of this article, the following form shall be used by an enforcement agency when issuing a temporary permit. This form shall be accurately and fully completed by the enforcement agency and shall not be modified. The enforcement agency shall sign and issue the permit only after it has received written notice of concurrence in the proposed permit by the Executive Director of the Board.

View Graphic

[Note: An enforcement agency may contact CIWMB Permitting and LEA Support Division for assistance in completing this form. An electronic version of this form is available on the CIWMB website at http://www.ciwmb.ca.gov/LEAcentral.]
NOTE

Authority cited: Section 44002.1, Public Resources Code. Reference: Section 44002.1, Public Resources Code.
HISTORY

1. New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register 2008, No. 11). Pursuant to Public Resources Code section 44002.1(d), a Certificate of Compliance must be transmitted to OAL by 6-30-2010 or emergency language will be repealed by operation of law on the following day.
Article 3.2. Reports of Facility Information
§18220. Report of Green Composting Site Information.
Note     •     History

NOTE

Authority cited: Section 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer of section and Appendix I filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§18221. Report of Station Information.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Change without regulatory effect adding section 18221 filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§18221.5. Facility Plan.
Note     •     History

Each operator of a Medium Volume Transfer/Processing Facility, or Direct Transfer Facility that is required to obtain a Registration Permit, as set forth in sections 17403.4 and 17403.6 and Title 14, Division 7, Chapter 5.0, Article 3.0, (commencing with section 18100) shall, at the time of application, file a Facility Plan or “Plan” with the EA as required in section 17403.8 of this Title. In order to maintain the permit, the operator must file amendments as necessary to maintain the accuracy of the Facility Plan required in section 174093.8 of this Title. Such amendments, or lack thereof, may become the basis for changes in the permit or for revocation of the permit. A Plan shall contain the following:
(a) name(s) of the operator, owner, and the company they represent, if applicable;
(b) schematic drawing of the building and other structures showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, loading, and parking areas;
(c) descriptive statement of the manner in which activities are to be conducted at the facility;
(d) days and hours that the facility is to operate. If the hours of waste receipt differ from the hours of material processing, each set of hours may be stated. For facilities with continuous operations, indicate the start of the operating day for purpose of calculating amount of waste received per operating day. The operator may also indicate whether or not, and when, other activities, such as routine maintenance will take place, if those activities will occur at times other than those indicated above;
(e) total acreage contained within the operating area;
(f) facility design capacity including the assumptions, methods, and calculations performed to determine the total capacity;
(g) information showing the types and the daily quantities of solid waste to be received. If tonnage was figured from records of cubic yards, include the conversion factor used;
(h) description of the methods used by the facility to comply with each state minimum standard contained in sections 17406.1 through 17419.2;
(i) anticipated volume of quench or process water and the planned method of treatment, and disposal of any wastewater;
(j) description of provisions to handle unusual peak loading;
(k)  description of transfer, recovery and processing equipment, including classification, capacity and the number of units;
(l) planned method for final disposal of the solid waste;
(m) planned method for the storage and removal of salvaged material;
(n) resume of management organization which will operate the facility.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§18221.6. Transfer/Processing Report.
Note     •     History

Each operator of a Large Volume Transfer/Processing Facility that is required to obtain a Full Solid Waste Facility Permit, as set forth in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2.0-3.2, (commencing with section 21570) shall, at the time of application, file a Transfer/Processing Report or “Report” with the EA as required in section 17403.9 of this Title. In order to maintain an existing permit, the operator must file amendments as required in section 17403.9 of this Title and re-title the document as a Transfer/Processing Report. Such amendments, or lack thereof, may become the basis for changes in the permit or for revocation of the permit. A Report shall contain the following:
(a) name(s) of the operator, owner, and the company they represent, if applicable;
(b) facility specifications or plans, to include: a site location map, a site map, and identification of adjacent land uses and distances to residences or structures that are nearby and are within 1000 feet of the facility property line;
(c) schematic drawing of the building and other structures showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, loading, and parking areas;
(d) descriptive statement of the manner in which activities are to be conducted at the facility;
(e) days and hours the facility is to operate. If the hours of waste receipt differ from the hours of material processing, each set of hours may be stated. For facilities with continuous operations, indicate the start of the operating day for purpose of calculating amount of waste received per operating day. The operator may also indicate whether or not, and when, other activities, such as routine maintenance will take place, if those activities will occur at times other than those indicated above;
(f) total acreage contained within the operating area;
(g) facility design capacity including the assumptions, methods, and calculations performed to determine the total capacity;
(h) information showing the types and the daily quantities of solid waste to be received. If tonnage was figured from records of cubic yards, include the conversion factor used;
(i) description of the methods used by the facility to comply with each state minimum standard contained in sections 17406.1 through 17419.2;
(j) anticipated volume of quench or process water, and the planned method of treatment, and disposal of any wastewater;
(k) description of provisions to handle unusual peak loading;
(l) description of transfer, recovery and processing equipment, including classification, capacity and the number of units;
(m) planned method for final disposal of the solid waste;
(n) planned method for the storage and removal of salvaged material;
(o) resume of management organization which will operate the facility;
(p) list of permits already obtained, and the date obtained or last revised.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
§18222. Report of Disposal Site Information.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. Change without regulatory effect adding section 18222 filed 8-17-89 pursuant to section 100, title 1, California Code of Regulations (Register 89, No. 35).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18223. Facility Plan for Medium Volume Construction and Demolition/Inert Debris Processing Facilities and Medium Volume C&D Wood Debris Chipping and Grinding Facilities.
Note     •     History

(a) Each operator of a medium volume CDI debris processing facility or medium volume C&D wood debris chipping and grinding facility that is required to obtain a Registration Permit, as set forth in CCR, Title 14, Division 7, Chapter 3.0, Article 5.9, sections 17383.5 or 17383.3, and CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100 et seq., shall file with the EA, together with its application for a Registration Permit, a CDI Debris Processing Facility Plan or C&D Wood Debris Chipping and Grinding Plan, as applicable. The Plan shall contain the following: 
(1) Names of the operator and owner, and the key employee responsible for operation of the site; 
(2) Schematic drawing all buildings and other structures showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, loading, and parking areas; 
(3) Descriptive statement of the manner in which activities are to be conducted at the facility; 
(4) Days and hours that the facility is to operate. If the hours of debris receipt differ from the hours of material processing, each set of hours shall be stated. For facilities with continuous operations, indicate the start of the operating day for purpose of calculating amount of debris received per operating day. The operator may also indicate whether or not, and when, other activities, such as routine maintenance will take place, if those activities will occur at times other than those indicated above; 
(5) Total acreage contained within the operating area; 
(6) Facility design capacity including the assumptions, methods, and calculations performed to determine the total capacity; 
(7) Information showing the types and the daily quantities of debris to be received. (In any calculations necessary as part of the plan, amounts shall be figured in tons. If tonnage is figured from cubic yards, include the conversion factors used as approved by the EA; 
(8) Estimates of the amount of residual to be generated on a monthly basis and the amount of material salvaged and/or recycled; 
(9) Description of the methods used by the facility to comply with each State Minimum Standard required by CCR, Title 14, Division 7, Chapter 3.0, Article 5.9; 
(10) Anticipated volume of quench or process water and the planned method of treatment, and disposal of any wastewater; 
(11) Description of provisions to handle unusual peak loading; 
(12) Description of transfer, recovery and processing equipment, including classification, capacity and the number of units; 
(13) Planned method for final disposition of debris received at the facility, including but not limited to materials being transferred to other facilities or operations for further processing, recycled materials, and solid waste; 
(14) Planned method for the storage and removal of salvaged material; 
(15) Resume of management organization which will operate the facility; 
(16) The operator shall record and retain records of any serious injury to the public occurring on-site and any complaint of adverse health effects to the public attributed to operations. Serious injury means any injury that requires inpatient hospitalization for a period in excess of 24 hours or in which a member of the public suffers a loss of any member of the body or suffers any degree of permanent disfigurement; and 
(17) The operator shall retain a record of training and instruction completed in accordance with Article 6.2, section 17410.3. 
(18) A copy of the operator's Injury and Illness Prevention Plan (as applicable under current law). 
(19) Fire Prevention, Control and Mitigation Plan (”Plan”) which contains the following: 
(A) Description of the measures the operator will take to prevent fires and to control and extinguish fires at the site; 
(B) Identification and description of the equipment the operator will have available (on site and readily available off-site) to control and extinguish fires; 
(C) Description of the measures the operator will take to mitigate the impacts of any fire at the site to the public health and safety and the environment; 
(D) Description of the arrangements the operator has made with the local fire control authority having jurisdiction to provide fire prevention, control and suppression; 
(E) Discussion of the ability of the local fire control authority to suppress fires at the site in light of the authority's personnel, expertise and equipment, the availability of water, access to the site and to flammable materials on the site, the nature of flammable materials on site, the quantity and dimensions of materials on the site, and the potential for subsurface fires in accumulations of flammable materials on the site. 
(F) Evidence that the operator has submitted the Plan to the local fire control authority for review and that the authority has found it to be in compliance with the authority's applicable requirements. 
(b) The operator must file amendments as necessary to maintain the accuracy of the Plan. Such amendments may become the basis for revisions to the Registration Permit for the facility. Failure to submit timely amendments may be cause for suspension or revocation of the permit. 
NOTE

Authority cited: Section 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
2. Change without regulatory effect amending subsection (a) filed 6-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 27).
§18223.5. Facility Reports for Construction and Demolition/Inert or Inert Debris Facilities and Large Volume C&D Wood Debris Chipping and Grinding Facilities.
Note     •     History

(a) Each operator of a large volume CDI debris processing facility or inert debris processing facility, or large volume C&D wood debris chipping and grinding facility that is required to obtain a Full Permit, as set forth in CCR, Title 14, Division 7, Chapter 3.0, Article 5.9, sections 17383.6, 17383.8, 17383.3 and Title 27, CCR, Division 2, Subdivision 1, Chapter 4, commencing with section 21450, shall file with the EA, together with its application for a Full Permit, a CDI Debris Processing Facility Report or Inert Debris Processing Facility Report, as applicable. The Report shall contain the following: 
(1) Names of the operator and owner, and the key employee responsible for operation of the site; 
(2) Schematic drawing all buildings and other structures showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, loading, and parking areas; 
(3) Descriptive statement of the manner in which activities are to be conducted at the facility; 
(4) Days and hours that the facility is to operate. If the hours of debris receipt differ from the hours of material processing, each set of hours shall be stated. For facilities with continuous operations, indicate the start of the operating day for purpose of calculating amount of debris received per operating day. The operator may also indicate whether or not, and when, other activities, such as routine maintenance will take place, if those activities will occur at times other than those indicated above; 
(5) Total acreage contained within the operating area; 
(6) Facility design capacity including the assumptions, methods, and calculations performed to determine the total capacity; 
(7) Information showing the types and the daily quantities of debris to be received. If tonnage was figured from records of cubic yards, include the conversion factor used; 
(8) In any calculations necessary as part of the plan, amounts shall be figured in tons. If tonnage is figured from cubic yards, include the conversion factors used as approved by the EA; 
(9) Description of the methods used by the facility to comply with each State Minimum Standard required by CCR, Title 14, Division 7, Chapter 3.0, Article 5.9, commencing at section 17380; 
(10) Anticipated volume of quench or process water and the planned method of treatment, and disposal of any wastewater; 
(11) Description of provisions to handle unusual peak loading; 
(12) Description of transfer, recovery and processing equipment, including classification, capacity and the number of units; 
(13) Planned method for final disposition of debris received at the facility, including but not limited to materials being transferred to other facilities or operations for further processing, recycled materials, and solid waste; 
(14) Planned method for the storage and removal of salvaged material; 
(15) Resume of management organization which will operate the facility; 
(16) List of permits already obtained, and the date obtained or last revised; 
(17) The operator shall record and retain records of any serious injury to the public occurring on-site and any complaint of adverse health effects to the public attributed to operations. Serious injury means any injury that requires inpatient hospitalization for a period in excess of 24 hours or in which a member of the public suffers a loss of any member of the body or suffers any degree of permanent disfigurement; and 
(18) The operator shall retain a record of training and instruction completed in accordance with, Article 6.2, section 17410.3. 
(19) A copy of the operator's Injury and Illness Prevention Plan (as applicable under current law). 
(20) Fire Prevention, Control and Mitigation Plan (“Plan”) which contains the following: 
(A) Description of the measures the operator will take to prevent fires and to control and extinguish fires at the site; 
(B) Identification and description of the equipment the operator will have available (on site and readily available off-site) to control and extinguish fires; 
(C) Description of the measures the operator will take to mitigate the impacts of any fire at the site to the public health and safety and the environment; 
(D) Description of the arrangements the operator has made with the local fire control authority having jurisdiction to provide fire prevention, control and suppression; 
(E) Discussion of the ability of the local fire control authority to suppress fires at the site in light of the authority's personnel, expertise and equipment, the availability of water, access to the site and to flammable materials on the site, the nature of flammable materials on site, the quantity and dimensions of materials on the site, and the potential for subsurface fires in accumulations of flammable materials on the site. 
(F) Evidence that the operator has submitted the Plan to the local fire control authority for review and that the authority has found it to be in compliance with the authority's applicable requirements. 
(b) The operator must file amendments as necessary to maintain the accuracy of the Report. Such amendments may become the basis for revisions to the Full Permit for the facility. Failure to submit timely amendments may be cause for suspension or revocation of the permit. 
NOTE

Authority cited: Section 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§18223.6. Disposal Facility Plan.
Note     •     History

Each operator of an Inert Debris Type A Disposal Facility that is required to obtain a Registration Permit pursuant to Title 14 CCR, section 17388.4 shall, at the time of application, file a Disposal Facility Plan with the EA. In order to maintain the permit, the operator must file amendments as necessary to maintain the accuracy of the Plan. Such amendments, or lack thereof, may become the basis for changes in the permit or for revocation of the permit. A Disposal Facility Plan shall contain the following: 
(a) Name(s) of the operator, owner, and the company they represent, if applicable; 
(b) Scaled schematic drawing of the building and other structures showing layout and general dimensions of the operations area, including but not limited to, unloading, storage, loading, and parking areas; 
(c) Descriptive statement of the manner in which activities are to be conducted at the facility; 
(d) Days and hours of operation. If the hours of waste receipt differ from the hours of material processing, each schedule may be stated. For facilities with continuous operations, indicate the start of the operating day for the purpose of calculating the amount of waste received per operating day. The operator may also indicate whether or not, and when, other activities such as routine maintenance will take place, if those activities will occur at times other than those indicated above; 
(e) Total acreage contained within the operating or disposal areas; 
(f) Facility design capacity, including the assumptions, methods, and calculations performed to determine the total capacity; 
(g) Information indicating the types and daily quantities of waste or debris to be received. If tonnage is determined from records of cubic yardage, include the conversion factor used in the calculation; 
(h) Description of methods used by the facility to comply with each State Minimum Standard; 
(i) Anticipated volume of quench or process water and the planned method of treatment and disposal of any wastewater; 
(j) Description of provisions to handle unusual peak loading; 
(k) Description of transfer, recovery and processing equipment, including classification, capacity and the number of units. 
(l) Planned method for final disposal of the solid waste; 
(m) Planned method for the storage and removal of salvaged material. 
(o) Resume of management organization that will operate the facility. 
(p) A description of road building and seasonal tipping pad design. 
(q) A description of a program to prevent the acceptance of unapproved materials and hazardous wastes. 
(r) A description of the planned method for storage and removal of prohibited wastes. 
(s) A copy of the operator's Injury and Illness Prevention Plan (as applicable under current law). 
NOTE

Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. 
HISTORY

1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
§18224. Report of Contaminated Soil Disposal Site Information.
Note     •     History

Each operator of a contaminated soil disposal facility that is required to obtain a Standardized Solid Waste Facilities permit, as set forth in section 17362.3, shall, at the time of application, file a Report of Contaminated Soil Disposal Site Information with the enforcement agency. A Report of Contaminated Soil Disposal Site Information shall contain the following:
(a) A descriptive statement of the manner in which the operation is to be conducted at the site.
(b) Information showing the types and concentrations of chemical constituents, and the quantities of contaminated soil to be received.
(c) A schematic drawing of the facility showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, disposal, and parking.
(d) A description of the proposed methods used to control litter, nuisances, odors, noise impacts, dust, and other public health and safety and environmental hazards.
(e) Indication of the approximate total acreage contained within the operations area and either the total estimated capacity in tons indicating in place densities assumed, or the capacity in cubic yards. Also include a projection of the life expectancy of the site based on current and/or anticipated loadings.
(f) The general location of the proposed disposal site shown on a map of at least the scale size equivalent to a 1:24,000 USGS topographical quadrangle. Such map shall show points of access to the site.
(g) A plot plan which delineates the legal boundaries for which clear title is held by the applicant and/or any parcels which are leased. Copies of lease agreements shall be submitted and substantiation shall be shown that the disposal site owner is cognizant of the disposal operations and the responsibilities assigned to the site owner by the standards.
(h) Identification on the plot plan of the specific limits of the existing and planned disposal area(s) showing relationships to the property boundary lines and adjacent land uses surrounding the site, distances to the nearest structures shall be identified.
(i) A description of the sequence of development stages of the disposal site facility, giving tentative implementation schedules for development, usage, site completion and closure. Describe the extent of change which will occur in areas which will be excavated for the placement of contaminated soil.
(j) A map showing the existing topographical contours of the property and proposed final elevations of the completed disposal site.
(k) If known, a description of the uses of the site after termination of disposal operations, including the time frame for implementation of such use.
(l) Resume of management organization which will operate the disposal site.
(m) Compilation of the conditions, criteria, and requirements established by the various approval agencies having jurisdiction over the disposal site.
(n) A listing of permits already obtained and the date obtained or last revised.
NOTE

Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
HISTORY

1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§18225. Nonhazardous, Nonputrescible, Industrial Solid Waste Codisposal Plan.
Note     •     History

With an application for a permit, the operator of a facility shall file a Nonhazardous, Nonputrescible, Industrial Solid Waste Codisposal Plan with the EA, as required in section 17369(b) of Article 5.7. In order to maintain the permit, the operator must file amendments as necessary to maintain the accuracy of the facility Plan required in section 17369(b). Such amendments, or lack thereof, may become the basis for revocation of the permit. A Plan shall contain the following information, and may be derived from the Operation Plan approved by DTSC:
(a) name(s) of the operator and owner;
(b) scaled schematic drawing of the operations area, including but not limited to the active codisposal unit(s), and any DTSC/RWQCB approved closed waste management units, which contain nonhazardous, nonputrescible, industrial solid waste codisposed with hazardous waste;
(c) days and hours of operation for the disposal of nonhazardous, nonputrescible, industrial solid waste. For facilities with continuous operations, indicate the start of the operating day for the purpose of calculating the amount of nonhazardous, nonputrescible, industrial solid waste received per operating day.
(d) total acreage contained within the operating codisposal unit(s);
(e) unit design capacity;
(f) The operator of a facility shall demonstrate to the EA, pursuant to Title 27 California Code of Regulations section 20918, that there is no potential for adverse impacts on public health and safety or the environment based on a projection of methane gas generation. This information shall be certified in writing by a registered civil engineer or registered geologist.
(g) The operator shall demonstrate evidence of acceptable closure and postclosure maintenance plans by providing written verification of compliance with DTSC, Title 22, Chapter 14 or Chapter 15, closure and postclosure maintenance plan requirements, if applicable, as they may be amended from time to time.
(h) Notwithstanding anything to the contrary in Title 27, California Code of Regulations, Division 2, Chapter 6 (commencing with Section 22200), the operator shall demonstrate evidence of acceptable closure and postclosure maintenance cost, and operating liability financial assurance mechanisms by providing written verification of compliance with DTSC, Title 22, Division 4.5, Chapter 14, Article 8 (commencing with Section 66264.140) financial assurance requirements, or Chapter 15, Article 8 (commencing with Section 66265.140), if applicable, as they may be amended from time to time.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 7-31-2000 as an emergency; operative 10-1-2000 (Register 2000, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-29-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-29-2001 as an emergency; operative 1-29-2001 (Register 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-29-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 5-17-2001 as an emergency; operative 5-30-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-27-2001 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 9-24-2001 as an emergency; operative 9-28-2001 (Register 2001, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-28-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 12-11-2001 as an emergency; operative 1-23-2002 (Register 2001, No. 50). A Certificate of Compliance must be transmitted to OAL by 5-23-2002 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-11-2001 order, including amendment of first paragraph and new subsections (g) and (h), transmitted to OAL 4-10-2002 and filed 5-21-2002 (Register 2002, No. 21).
§18226. Report of Nonhazardous Ash Disposal Site Information.
Note     •     History

(a) Each operator of a nonhazardous ash disposal/monofill facility that is required to obtain a Standardized Solid Waste Facility Permit, as set forth in section 17377.3, shall, at the time of application, file a Report of Nonhazardous Ash Disposal Site Information with the enforcement agency. A Report of Nonhazardous Ash Disposal Site Information shall contain all of the information required in Title 27, California Code of Regulations, section 21600 with the exception of subsections: (b)(3)(A), (b)(4)(E), and (b)(8)(B).
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).
§18227. Report of Composting Site Information.
Note     •     History

Each operator of a compostable material handling facility that is required to obtain a Compostable Materials Handling Facility Permit, as specified in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450), shall, at the time of application, file a Report of Composting Site Information with the EA as required by section 17863 of this Title. A Report of Composting Site Information shall contain the following: 
(a) A description of the processes to be used, including estimated quantities of feedstocks, additives, and amendments. 
(b) A descriptive statement of the operations conducted at the facility. 
(c) A schematic drawing of the facility showing layout and general dimensions of all processes utilized in the production of compost including, but not limited to, unloading, storage, processing, parking, and loading areas. 
(d) A description of the proposed methods used to control leachate, litter, odors, dust, rodents, and insects. 
(e) A description of the proposed emergency provisions for equipment breakdown or power failure. 
(f) A description of the storage capacity and anticipated maximum and average length of time compostable materials will be stored at the facility. 
(g) A description of compostable materials handling equipment used at the facility including type, capacity, and number of units. 
(h) Anticipated annual operation capacity for the facility in cubic-yards. 
(i) A description of provisions to handle unusual peak loadings. 
(j) A description of the proposed method for storage and final disposal of nonrecoverable or nonmarketable residues. 
(k) A description of the water supplies for process water required. 
(l) Identification of person(s) responsible for oversight of facility operations. 
(m) A description of the proposed site restoration activities, in accordance with section 17870. 
(n) An Odor Impact Minimization Plan pursuant to section 17863.4. 
NOTE

Authority cited: Sections 40502, 43020, 43021 and 43209.1, Public Resources Code. Reference: Sections 43020, 43021 and 43209.1, Public Resources Code.
HISTORY

1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
2. Change without regulatory effect amending first paragraph and subsections (m) and (n) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
Article 3.3. Financial Responsibility for Operating Liability Claims
§18230. Scope and Applicability.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Repealer of article 3.3 (sections 18230-18245) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). Regulations pertaining to financial responsibility for solid waste disposal facility operating liability claims have been relocated to title 27, division 2.
§18231. Definitions.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18232. Amount of Required Coverage.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. New subsection (a)(2) and subsection renumbering and amendment of subsection (a)(3) filed 5-19-92 as an emergency; operative 5-19-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-16-92 or emergency language will be repealed by operation of law on the following day.
3. New subsection (a)(2) and subsection renumbering and amendment of subsection (a)(3) refiled 9-16-92 as an emergency; operative 9-16-92 (Register 92, No. 38). A Certificate of Compliance must be transmitted to OAL 1-14-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-16-92 order transmitted to OAL 12-21-92 and filed 1-28-93 (Register 93, No. 5).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18233. Acceptable Mechanisms and Combinations of Mechanisms.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18234. Trust Fund.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Change without regulatory effect  amending subsection (b) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14). 
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18235. Government Securities.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18236. Insurance.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Change without regulatory effect amending subsection (c) filed 6-1-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 23).
3. Change without regulatory effect amending subsections (e)(1)-(2) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18237. Self-Insurance and Risk Management.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Change without regulatory effect amending subsection (b) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18238. Financial Means Test.
History

HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Change without regulatory effect amending subsections (e)(1)(A)-(B) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18239. Corporate Guarantee.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Change without regulatory effect amending subsection (c) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18240. Insurance and Environmental Fund.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Amendment of subsection (d)(3) filed 5-19-92 as an emergency; operative 5-19-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-16-92 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (d)(3) refiled 9-16-92 as an emergency; operative 9-16-92 (Register 92, No. 38). A Certificate of Compliance must be transmitted to OAL 1-14-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-16-92 order transmitted to OAL 12-21-92 and filed 1-28-93 (Register 93, No. 5).
5. Change without regulatory effect amending subsections (b) and (d)(2) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
6. Editorial correction deleting duplicate section 18240 (Register 96, No. 16).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18241. Substitution of Mechanisms by Operator.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18242. Cancellation or Nonrenewal by a Provider of Financial Assurance.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18243. Bankruptcy or Other Incapacity of Operator or Provider of Financial Assurance.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18244. Recordkeeping and Reporting.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18245. Release of an Operator from the Requirements.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code.
HISTORY

1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Change without regulatory effect moving forms to section 18831, appendix A filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 3.4. Application and Approval of Closure and Postclosure Maintenance Plans
§18250. Scope and Applicability.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43509, Public Resources Code. Reference: Sections 43020, 43021, 43501, 43509, 44001, 44002, 46022 and 46026, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.60 and 258.61.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency, language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsection (b) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Amendment of subsection (b) and Note filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (b) and Note  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed  4-19-94 (Register 94, No. 16).
8. Repealer of article 3.4 (sections 18250-18277) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). Regulations pertaining to application and approval of closure and postclosure maintenance plans have been relocated to title 27, division 2.
§18251. Definitions.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22, Government Code; and Sections 43020, 43021 and 46027, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency,; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL, within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 is an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL, within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including new subsection (a)(4) and amendment of subsection (a)(8) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18255. Submittal of Closure and Postclosure Maintenance Plans.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d),Government Code; Reference: Sections 66796.22(b)(2) and 66796.22(d), Government Code; and Sections 43020, 43021, 43022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18256. Operation of a Solid Waste Landfill Without Approved Closure and Postclosure Maintenance Plans.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022, and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Change without regulatory effect repealing section filed 10-28-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 44).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18257. Maintenance of Closure and Postclosure Maintenance Plans.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 43022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18260. Closure and Postclosure General Performance Standard.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(a) 66796.22(b)(2) and 66796.22(d), Government Code, and Sections 43020, 43021, 46026 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18261. Preliminary Closure Plan.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022, and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL. within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18261.3. Contents of the Preliminary Closure Plan.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022, and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repeated by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including new subsection (a)(9) transmitted to OAL and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18262. Final Closure Plan.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18262.3. Contents of the Final Closure Plan.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including new subsections (a)(7) and (a)(8) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18263. Closure Cost Estimates.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18264. Preliminary Postclosure Maintenance Plan.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18264.3. Contents of the Preliminary Postclosure Maintenance Plan.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL, within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. Certificate of Compliance as to 3-22-90 order including new subsections (a)(5) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18265. Final Postclosure Maintenance Plan.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18265.3. Contents of the Final Postclosure Maintenance Plan.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including new subsection (a)(10) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18266. Postclosure Maintenance Cost Estimates.
Note     •     History

NOTE

Authority cited: Section 40502, 40508, and 43509, Public Resources Code. Reference: Sections 40508, 43020, 43021, 43501, 43509, 46022 and 46026, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.72.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Amendment of subsection (a)(3) and Note filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (a)(3) and Note  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed  4-19-94 (Register 94, No. 16).
8. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18267. Form of Application for Review of Closure and Postclosure Maintenance Plans.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b), 66796.22(d) and 66796.22(f), Government Code; and Sections 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18268. Filing of Application and Transmittal of Copies.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 65943, 66796.22(b)(2), 66796.22(c) and 66796.22(d), Government Code; and Sections 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsections (b)-(d) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18269. Public Notice.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 21080.5, 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 6-18-90; operative 6-18-90 (Register 90, No. 34).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18270. Evaluation of Closure and Postclosure Maintenance Plans.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(b), and 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Sections 21080.5, 43200, 43202, 43203, 43209, 44012, 44014(b), 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative, 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL, within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL, within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsections (a) and (b) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18271. Approval of Closure and Postclosure Maintenance Plans.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 21080.5, 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsection (a), (b) and (b)(2); addition of subsections (b)(4) and (b)(5) and deletion of subsection (a)(4) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Editorial correction of subsection (b)(2) (Register 95, No. 48).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18272. Amendment of Closure and Postclosure Maintenance Plans.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Sections 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL, within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18275. Certification of Closure.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Sections 43020, 43021, 44006, 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18276. Revision of Plans During Closure and Postclosure Maintenance.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b)(2) and 66796.22(h), Government Code; and Sections 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18277. Release From Postclosure Maintenance.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code.
HISTORY

1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL, within 120 days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 3.5 Financial Responsibility for Closure and Postclosure Maintenance
§18280. Scope and Applicability.
History

HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of History 1 (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Amendment of subsection (b) and Note filed 7-12-93 as an emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (b) and Note  refiled 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 11-9-93 order transmitted to OAL 3-8-94 and filed  4-19-94 (Register 94, No. 16).
9. Repealer of article 3.5 (sections 18280-18298) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). Regulations pertaining  to financial responsibility for closure and postclosure maintenance have been relocated to title 27, division 2.
§18281. Definitions.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY 1 (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsection (s) and (w) and addition of subsection (o) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. New subsection (g), subsection relettering, and amendment of Note filed  2-2-93; operative 2-2-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 6).
7. Change without regulatory effect amending section filed 2-2-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 6).
8. New subsections (a)-(a)(2), (c), (k) and (v), repeal of subsections (s)-(s)(2) and subsection relettering filed 12-31-93 as an emergency; operative 12-31-93 (Register 93, No. 53).  A Certificate of Compliance must be transmitted to OAL by 3-31-94 or emergency language will be repealed by operation of law on the following day.
9. New subsections (a)-(a)(2), (c), (k), and (v), repealer of subsections (s)-(s)(2) and subsection redesignation refiled 4-29-94 as an emergency; operative 4-29-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-29-94 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 4-29-94 order transmitted to OAL with amendments 8-29-94 and filed 10-12-94 (Register 94, No. 41).
11. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18282. Amount of Required Coverage.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 43501, Public Resources Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of History 1 (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Amendment filed 12-31-93 as an emergency; operative 12-31-93 (Register 93, No. 53).  A Certificate of Compliance must be transmitted to OAL by 3-31-94 or emergency language will be repealed by operation of law on the following day.
7. Amendment  refiled 4-29-94 as an emergency; operative 4-29-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-29-94 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 4-29-94 order transmitted to OAL with amendments 8-29-94 and filed 10-12-94 (Register 94, No. 41).
9. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18283. Acceptable Mechanisms and Combinations of Mechanisms.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY 1. (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsection (c) and (d) and addition of subsection (g) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. New subsection (g), subsection relettering, and amendment of Note filed  2-2-93; operative 2-2-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 6).
7. Change without regulatory effect amending section filed 2-2-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 6).
8. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18284. Trust Fund.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY NOTE No. 1 (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsection (b) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect amending subsection (b) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18285. Enterprise Fund.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY NOTE No. 1 (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18286. Government Securities.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate, of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY NOTE No. 1 (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90and filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18287. Letter of Credit.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43601, Public Resources Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY 1. (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect amending of subsection (d)(1) and Note filed 2-2-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 6).
7. Change without regulatory effect amending subsection (b) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
8. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18288. Surety Bond.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code.
HISTORY

1. New section filed 8-17-89 is an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction HISTORY NOTE No. 1 (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsection (a) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect amending subsections (b)(1)-(2) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18289. Financial Means Test.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY NOTE No. 1 (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect amending subsection (e)(1) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18290. Pledge of Revenue.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code.
HISTORY

1. New section filed 8-17-89 is an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY NOTE No. 1 (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative, 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsections (a), (b)(5), (c) and (d) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18291. Guarantee.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY NOTE No. 1 (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51.). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect amending subsection (c) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18292. Federal Certification.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
HISTORY

1. Former section 18292 renumbered to section 18293 and new section filed 2-2-93; operative 2-2-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 6).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18293. Substitution of Mechanisms by Operator.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY 1. (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect  renumbering former section 18292 to section 18293, renumbering section 19293 to 18294, and amendment of subsection (a) and Note filed 2-2-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 6).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18294. Cancellation or Nonrenewal by a Provider of Financial Assurance.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY 1. (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect  renumbering former section 18293 to section 18294, renumbering section 18294 to 18295 and amendment of Note filed 2-2-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 6).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18295. Bankruptcy or Other Incapacity of Operator or Provider of Financial Assurance.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY 1. (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect  renumbering former section 18294 to section 18295, renumbering section 18295 to 18296, and amendment of subsections (a) and (c) and Note filed 2-2-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 6).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18296. Depository Trust Fund.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY 1. (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect  renumbering former section 18295 to section 18296, renumbering section 18296 to 18297, and amendment of subsection (c) and Note filed 2-2-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 6).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18297. Record Keeping and Reporting.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY 1. (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsection (b)(6) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect  renumbering and amending former section 18296 to section 18297 and renumbering section 18297 to 18298 filed 2-2-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 6).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18298. Release of an Operator from the Requirements.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
HISTORY

1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY 1. (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register 89, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days (by 7-20-90) or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect  renumbering and amending former section 18297 to section 18298 filed 2-2-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 6).
7. Change without regulatory effect moving forms to section 18831, appendix A  filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
8. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 4. Enforcement by EA and Review by Board
§18301. Scope.
Note     •     History

This article applies to the activities of EAs in enforcing the state minimum standards, permits, and related state solid waste laws and regulations within their purview. It also applies to the activities of the board in reviewing such activities of LEAs and in acting in the place of LEAs that have failed to take appropriate actions or, when the board is the EA in a particular jurisdiction.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43209, 43216.5 and 45012, Public Resources Code.
HISTORY

1. Amendment of article heading and section and new Note filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18302. Written Complaints of Alleged Violations.
Note     •     History

(a) Any person having information alleging a facility or operation is being operated without a required permit or notification, in violation of one or more terms or conditions of a permit, in violation of the state minimum standards, or in violation of any related state solid waste laws or regulations, or that a permit was obtained wholly or partially by misrepresentation or nondisclosure of relevant facts, may file a complaint regarding such allegation in writing to the EA. The compliant shall include the following:
(1) The name, address and telephone number of the person making the complaint, however nothing in this chapter shall be construed to prevent the making of anonymous complaints by omitting the identity of the reporting party from the complaint;
(2) The identity and location, if known, of the facility or operation and the names and addresses, if known, of the persons responsible for the violation;
(3) The nature of the violation and/or the relevant misrepresented or non-disclosed facts; and
(4) All known facts relevant to the alleged violation or likely to be of assistance to the EA in investigating the complaint, including but not limited to information relating to witnesses and physical evidence.
(b) The person making the complaint may forward a copy to the board. 
(c) Upon receipt of a complaint, the EA shall within fifteen days examine the report and determine whether its allegations, if true, would constitute a violation of a state minimum standard, permit term or condition or any related state solid waste law or regulation. The EA shall make its determination on the basis of the substance of the allegations rather than on the basis of the complaint's technical compliance with the Act or this chapter. Should the EA determine that the complaint fails to allege facts constituting a violation of a state minimum standard, permit term or condition or related state solid waste law or regulation, it shall so advise the reporting party in writing at the address given in the complaint if an address is given and place a copy in its files.
(d) The EA may decline to investigate a complaint if, in its judgment, investigation is unwarranted because the allegations are contrary to facts known to the EA. Should the EA decline to investigate on that ground, it shall so advise the complaining party in writing at the address given in the complaint if an address is given and place a copy in its files.
(e) Except as provided in subsection (c) or subsection (d) of this section, the EA shall commence an investigation of the facts alleged in the complaint.
(f) If an LEA has a complaint review and investigation initiation procedure that contains substantially the same basic requirements as this section, and accomplishes the intended purposes of this section within its board-approved EPP, it may follow that equivalent process in lieu of subsections (c), (d) and (e) of this section. Section 18302 is intended to insure that every person making a written complaint of an alleged unlawful condition at a solid waste facility or operation can assume that his or her complaint will receive appropriate attention.
(g) If the board receives a complaint in a jurisdiction where it is not the EA, the complaint shall be forwarded to the appropriate LEA within 5 days of its receipt, unless the LEA has already received a copy from the complaining party. 
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43209, 44012, 44015 and 45000-45024, Public Resources Code.
HISTORY

1. Amendment filed 8-3-77 as an emergency; effective upon filing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Amendment of section heading, section and Note filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18303. Investigations.
Note     •     History

(a) The EA shall conduct investigations of allegations made to it as required by subsection (e) of Section 18302 or, if applicable, as required by its own equivalent complaint review and investigation initiation procedure as described in its board-approved EPP, and shall conduct investigations of all other disposal sites, facilities and operations where it has reason to believe violations exist. In addition, the EA shall conduct such periodic investigations as it deems necessary to insure compliance with all related state solid waste laws and regulations. In any investigation of possible violation of a health-related standard, the LEA, if it is not the local health department, shall consult as appropriate with the local health department concerning enforcement and any other related actions. If an investigation of possible violation of a health-related standard is conducted by the board, it shall obtain and consider the recommendation of the State Department of Health Services in addition to that of the local health department/health officer.
(b) Investigations by LEAs shall be conducted in accordance with the procedures in their board-approved EPPs. The procedures shall include the requirements found in subsection (c). 
(c) The EA shall maintain a record of each investigation. The record shall include but not be limited to the following:
(1) The names of all persons interviewed and the date ad location of each interview;
(2) A description of all documentary and other physical evidence examined;
(3) The dates, times, and locations of all inspections of the facility;
(4) A list of correspondence, including any written reports by the permittee;
(5) Any other evidence leading to resolve the issues.
(6) A summary of the findings and conclusions of each completed investigation. 
(d) The summary of the findings and conclusions of each completed investigation shall be included in the next periodic inspection report, as applicable. 
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44100 and 44101, Public Resources Code. 
HISTORY

1. Amendment of subsection (b) filed 8-3-77 as an emergency; effective upon filing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Amendment of section and new Note filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18304. Notices and Orders.
Note     •     History

(a) The EA as it deems appropriate or when required by statute, shall issue a notice and order pursuant to subsection (b) and section 18304.1 if, in the course of an investigation or at any other time, the EA determines that any facility, disposal site, operation or person(s):
(1) Is in violation of Division 30 of the Public Resources Code; 
(2) Is in violation of any regulations adopted pursuant to Division 30; 
(3) Is in violation of any of the terms or conditions of the solid waste facility permit under which the facility or disposal site is operating; 
(4) Causes or threatens to cause a condition of hazard, or pollution; or
(5) Poses a potential or actual threat to public health and safety or the environment.
(b) The notice and order shall contain the following information:
(1) The identity of the EA.
(2) The name or names of each person or entity to whom it is directed.
(3) A description of the facility, operation or site where the violation was documented with a specific description of the location of the violation
(4) A description of the violation.
(5) The statutes, regulations, or permit terms or conditions the EA has determined are being violated.
(6) A schedule, as described in section 18304.1(a), by which the operator is to take specified action(s). 
(7) The penalty for not complying within the specified schedule, as described in section 18304.1(b). 
(8) A notice informing the owner/operator of their right to appeal the notice and order to the hearing panel or hearing officer under PRC 44307. 
(9) The date of issuance and signature of an authorized officer or employee of the EA. 
(c) The notice and order shall be accompanied by a declaration or affidavit under penalty of perjury of an employee or officer of the EA stating that the allegations contained in the notice and order are based either on personal knowledge or information and belief. If the basis of the allegations is the personal knowledge of the declarant or affiant, the declaration or affidavit shall state generally how such knowledge was obtained, including the date of any inspection. If the basis of the allegations is information and belief, the declaration or affidavit shall state generally the source of the information; however, in no case shall the identity of an informant be required to be revealed.
(d) Within five business days of issuance of the notice and order, it shall be served on the owner and operator of the site, facility or operation, or person as applicable, in the following manner:
(1) If the site or facility has been issued a permit, or if an application for the site or facility is pending, or if the EA has received a Notification for the operation, by certified mail, return receipt requested, to the address last given by the owner and operator or by personal service if certified mail attempts are unsuccessful; or 
(2) If no permit has been issued and no application is pending, or no Notification has been filed, by posting a copy at no less than one conspicuous place at the site or facility. Additional copies shall be mailed to addresses of the owner and operator if known to the EA.
(e) A copy of any notice and order shall be sent to the board within five business days of issuance.
Enforcement: For efficient administration, a single notice and order form will be used to initiate any of the various enforcement actions provided by the Act. However, it should be noted that certain enforcement actions are available only for certain types of violations.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45024, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Amendment of section and Note filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
3. Change without regulatory effect amending subsection (b)(8) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18304.1. Types of Notices and Orders; Enforcement Thereof.
Note     •     History

The EA shall include in a notice and order at least one of the orders listed in subsection (a), and shall include the applicable notices listed in subsection (b): 
(a) Orders 
(1) Corrective Action Order 
An order requiring the owner or operator of a facility, disposal site or operation to take specified action by a specified date to abate a nuisance, or to protect public health and safety or the environment. 
Example: Typical circumstances under which this order may be issued: Conditions at the facility, disposal site or operation are creating a nuisance or posing a threat to human health and safety or the environment. 
(2) Cease and Desist Order 
An order requiring the owner or operator of a facility, disposal site or operation to cease and desist any improper action, as specified in PRC section 45005, by a specified date. Example: Typical circumstances under which this order may be issued: Facility, disposal site or operation is in violation of Division 30 of the Public Resources Code, any regulations adopted pursuant to Division 30, or causes or threatens to cause a condition of hazard, pollution or nuisance. 
(3) Compliance Order 
Upon any of the grounds specified in PRC section 45011(a)(1), an order establishing a time schedule according to which the owner or operator of the facility, disposal site or operation shall correct any violations and/or abate a potential or actual threat to public health and safety or the environment. Example: Typical circumstances under which this order may be issued: Facility, disposal site or operation is in violation of Division 30 of the Public Resources Code, any regulations adopted pursuant to Division 30, any corrective action or cease and desist order, or poses a potential or actual threat to public health and safety or the environment. A compliance order must be issued pursuant to PRC section 45011 as a prelude to the assessment of administrative civil penalties. 
(b) Notices 
(1) Notice informing the owner and operator that failure to comply by a specified date in a final corrective action order may result in the EA contracting for corrective action. 
Enforcement: As more fully described in PRC section 45000, if the owner or operator fails to take corrective action as specified in a final order by the specified date, the EA or the board may either take corrective action itself or contract for corrective action to be completed by an outside party. Corrective actions taken by the EA, the board, or an outside party will be at the expense of the owner, operator or both and are recoverable pursuant to PRC section 45000. 
(2) Notice informing the owner or operator that the EA may take action to impose administrative civil penalties upon failure to comply with applicable deadlines in a final compliance order. 
Enforcement: Pursuant to PRC section 45011, if the owner or operator fails to achieve compliance by applicable deadlines in the order, the EA may impose penalties through written notification to the owner or operator. The notification shall include the amount of the penalty and the due date for payment, which in no case should be later than 30 days after the date the order becomes final. 
(3) Notice informing the owner or operator that the EA is conditionally imposing administrative civil penalties in a specified amount per day with a specified start date for penalty accrual, upon failure to comply with applicable deadlines in a final compliance order. 
Enforcement: If the owner or operator fails to achieve compliance by applicable deadlines in the order issued pursuant to PRC section 45011, the EA shall notify the owner or operator in writing of the amount of the penalty and the due date for payment, which in no case should be later than 30 days after the date the order becomes final. 
(4) Notice informing the owner or operator that failure to comply by the deadline in a final order may result in the EA petitioning the superior court to enjoin the violations, and that continued violation after the granting of an injunction may be punishable as contempt of court. 
Enforcement: If the owner or operator fails to comply by the deadline in a final order, the notice may be enforced by filing an appropriate petition in superior court. 
(5) Notice informing the owner or operator that upon failure to comply with a deadline in a final order, the EA may bring an action in the superior court to impose upon the owner or operator civil penalties. 
Enforcement: If the owner or operator fails to comply by the deadline in a final order, the notice may be enforced by filing an appropriate petition in superior court pursuant to PRC sections 45023 and 45024. 
(6) Notice informing the owner or operator that the EA, subject to the applicable requirements of PRC sections 44305 and 44306, may take action to suspend or revoke the permit for the facility upon failure to comply with applicable deadlines in a final order. 
Enforcement: If the owner or operator fails to comply by the deadline in a final order, the notice may be enforced by revoking or suspending the permit for the facility pursuant to PRC sections 44305 and 44306. 
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45024 and 44305-44306, Public Resources Code. 
HISTORY

1. New section filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18304.2. Final Orders.
Note     •     History

An order becomes final when either: 
(a) A notice and order has been requested by the operator and/or owner to be reviewed by the local hearing panel or hearing officer, and the hearing process has been completed pursuant to PRC sections 44307 & 44310, and any subsequent appeals to the board or Superior Court have been resolved pursuant to PRC sections 45030-45042, or; 
(b) Within 15 days of receipt if no review was requested by the operator. 
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44307, 44310, 45017 and 45030-45042, Public Resources Code 
HISTORY

1. New section filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
2. Change without regulatory effect amending subsection (a) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18304.3. Mandated Enforcement Actions.
Note     •     History

An EA shall take the following enforcement actions for specific violations or situations: 
(a) Issue a cease and desist order to cease operations immediately if the EA determines that a solid waste facility is operating without a permit or that an operation is operating without proper notification; 
(b) If a facility is included on the Inventory of Solid Waste Facilities Which Violate State Minimum Standards pursuant to PRC section 44104, the EA is required to develop a compliance schedule which ensures that diligent progress is made by the operator to bring the facility into compliance pursuant to PRC section 44106. The compliance schedule may be incorporated into a notice and order. 
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44002, 44104 and 44106, Public Resources Code. 
HISTORY

1. New section filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18304.4. Notice of Compliance Status.
Note     •     History

Whenever the LEA issues a notice and order pursuant to sections 18304 and 18304.1 or develops a compliance schedule, the LEA shall, 30 days after the final compliance deadline or expiration date in the order or schedule, provide notification of the compliance status with the order or schedule to the board. The notice of compliance status may be included as part of an LEA's periodic inspection report and shall include a determination as to whether the operator is in compliance with the notice and order or schedule and whether the notice and order or schedule has been completed, extended or enforced, as the LEA deems applicable and appropriate, along with the justification and reasoning for the determination. 
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45024, Public Resources Code. 
HISTORY

1. New section filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18304.5. Notification of Enforcement.
Note     •     History

Upon the taking of any action described in a notice as authorized by section 18304.1, the LEA shall within five business days advise the board of the action in writing and include a copy of any court documents that have been filed. 
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45024, Public Resources Code. 
HISTORY

1. New section filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18305. Enforcement of Notices and Orders.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45300, 44501-44503 and 45505-45507, Public Resources Code.
HISTORY

1. Amendment of subsection (b) filed 8-3-77 as an emergency; effective upon filing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18306. Emergency Actions.
Note     •     History

(a) If the EA or the board determines that a violation exists that poses an imminent threat to public health and safety or the environment, the EA or the board may clean up, abate, or otherwise remedy the violation immediately upon failure of the owner and operator to take corrective actions by the deadline in a corrective action order issued pursuant to sections 18304 and 18304.1. An owner's or operator's request to review the EA's or board's action by a hearing panel or hearing officer pursuant to PRC section 44307, and any subsequent appeals, does not stay the effect of the order or prevent the EA or board from taking or contracting for corrective action. 
(b) If any action is taken pursuant to subsection (a) of this section, the EA or the board shall give notice in the manner specified in section 18304(d) to the owner and operator as soon as practicable, but in no case later than five business days after taking the action. A copy of the notice shall be transmitted to the board within five business days of issuance.
(c) The EA or the board may bring an action in the superior or municipal court to recover the costs of emergency remedial measures. Upon the bringing of such an action, the EA shall advise the board of the action in writing accompanied by a copy of the complaint within five business days. When the board brings its own action in superior or municipal court, it shall notify the appropriate EA of the action in writing, accompanied by a copy of the complaint within five business days.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 45000-45024, Public Resources Code.
HISTORY

1. Amendment of subsection (c) filed 8-3-77 as an emergency; effective upon filing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27). 
4. Amendment of section and Note filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
5. Change without regulatory effect amending subsection (a) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18307. Actions to Suspend or Revoke a Permit.
Note     •     History

(a) If the EA determines that there is cause for suspension or revocation of a permit pursuant to PRC sections 44305 or 44306 respectively, and the EA has previously notified the operator in writing of the violation or other condition which is cause for suspension or revocation, the EA may issue to the operator, via certified mail with return receipt requested or by personal service if certified mail attempts are unsuccessful, a Notice of Intent to Suspend (NIS) or a Notice of Intent to Revoke (NIR) the permit. The NIS or NIR shall inform the operator of the EA's intent to suspend or revoke the permit and of the operator's right to request the matter to be heard in front of the hearing panel or hearing officer pursuant to PRC section 44310. If the operator does not request a hearing within 15 days of receipt of the NIS or NIR, the EA may take action to suspend or revoke the permit without a hearing or it may hold a hearing prior to taking such action. 
(b) The EA may, in its discretion, precede the issuance of the NIS or NIR filing by service of an appropriate notice and order in the manner specified in section 18304, or it may include the NIS or NIR within a notice and order as long as the EA has previously notified the operator in writing of the violation or other condition which is cause for suspension or revocation. 
(c) Within five business days of issuing a NIS or NIR, the EA shall notify the board by providing it with a copy of the NIS or NIR.
(d) If, after an NIS or NIR has been issued the proceeding to suspend or revoke a permit is terminated in any manner other than by decision of the hearing panel or hearing officer, the LEA shall so advise the board in writing.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 44305-44310, Public Resources Code.
HISTORY

1. Amendment of subsection (d) filed 8-3-77 as an emergency; effective upon filing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Amendment of section heading, section and Note filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
5. Change without regulatory effect amending subsections (a) and (d) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
§18308. Enforcement Actions by Board.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43304, Public Resources Code. Reference: Sections 45200, 45300 and 45506, Public Resources Code.
HISTORY

1. Change without regulatory effect pursuant to section 100(b)(1) and (b)(4), Title 1, California Code of Regulations renumbering former section 18308 to section 18350 filed 5-4-90; operative 6-3-90 (Register 90, No. 24).
§18309. Use of Performance Standards.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 12-2-80; effective thirtieth day thereafter (Register 80, No. 49).
2. Change without regulatory effect filed 8-17-89 pursuant to section 100, Title 1, California Code of Regulations (Register 89, No. 35).
3. Change without regulatory effect pursuant to section 100 (b)(1) and (b)(4), Title 1, California Code of Regulations filed 5-4-90; operative 6-3-90 (Register 90, No. 24).
4. Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18310. Statement of Intent.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 12-2-80; effective thirtieth day thereafter (Register 80, No. 49).
2. Change without regulatory effect pursuant to section 100 (b)(1) and (b)(4),Title 1, California Code of Regulations filed 5-4-90; operative 6-3-90 (Register 90, No. 24).
3. Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18311. Failure to Meet Performance Standards.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 12-2-80; effective thirtieth day thereafter (Register 80, No. 49).
2. Change without regulatory effect pursuant to section 100(b)(1) and (b)(4), Title 1, California Code of Regulations filed 5-4-90; operative 6-3-90 (Register 90, No. 24).
3. Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18312. Review of Performance Standards.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 12-2-80; effective thirtieth day thereafter (Register 80, No. 49).
2. Change without regulatory effect pursuant to section 100 (b)(1) and (b)(4), Title 1, California Code of Regulations filed 5-4-90; operative 6-3-90 (Register 90, No. 24).
3. Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18313. Inspection.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
HISTORY

1. New section filed 12-2-80; effective thirtieth day thereafter (Register 80, No. 49).
2. Change without regulatory effect pursuant to section 100(b)(1) and (b)(4), title 1, California Code of Regulations filed 5-4-90; operative 6-3-90 (Register 90, No. 24).
3. Editorial correction removing duplicate printing of section (Register 91, No. 29).
4. Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
Article 5. Enforcement by Board
§18350. Enforcement Actions by Board.
Note     •     History

(a) Should the board find good cause exists for the issuance of a notice and order (N&O) or for the taking of any other enforcement action and should the board further find that the LEA has failed to take such an action pursuant to the LEA performance criteria in section 18084, the board may take such an action after implementing the following procedures: 
(1) Request in writing an increased enforcement response by the LEA, consisting of additional enforcement action pursuant to its EPP and, if applicable, to a previously issued N&O, and offer technical assistance. The request shall include documentation of the lack of appropriate enforcement action on the part of the LEA; 
(2) If the LEA fails to respond within 30 days of receipt of the request with an increased enforcement response, the board shall issue a Notice of Intent to Take Action (NIA) to the LEA and the operator. The NIA shall include the date and time for a board hearing which shall be scheduled in no case earlier than 30 days from the date the NIA is sent; 
(3) If the LEA still fails to respond with an increased enforcement response, the board shall hold a public hearing regarding its intent to take action. At the hearing, the board may decide to take enforcement action or to take any other action to improve LEA performance pursuant to PRC section 43216.5. 
(b) In taking enforcement action, the board shall follow applicable procedures set forth for the EA in sections 18304 through 18307, as applicable. Notice of such action shall be given to the LEA in the same time and manner required for notice to the board by the LEA pursuant to section 18304(e). 
(c) Notwithstanding section 18350(a), if the board finds that the LEA's failure to take enforcement action causes an imminent threat to public health and safety or the environment, the board may take enforcement action, as it deems necessary without prior notification or hearing. 
(d) For purposes of this section, an imminent threat to public health and safety or the environment is defined as a condition which is creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate the damages to persons, property, natural resources, or the public health or safety. 
(e) In taking any enforcement action related to health standards as defined in section 17205, the board shall coordinate its activities with the State Department of Health.
NOTE

Authority cited: Sections 40502 and 43304, Public Resources Code. Reference: Sections 45000-45024, Public Resources Code.
HISTORY

1. Change without regulatory effect pursuant to section 100(b)(1) and (b)(4), Title 1, California Code of Regulations repealing former section 18350, and renumbering former section 18308 to section 18350 filed 5-4-90; operative 6-3-90 (Register 90, No. 24). 
2. Amendment of section and Note filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18351. Assumption of Duties of EA.
Note     •     History

(a) The board shall assume the duties of the EA upon occurrence of any of the following circumstances:
(1) Upon agreement of the board and local governing body and designation of the board in the manner provided by law; or
(2) Upon withdrawal of a designation where no new designation is made and approved.
(b) Whenever the board assumes the duties of an EA, it shall so notify the appropriate local governing body within 10 days of its assumption of the duties.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43202-43208, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Amendment of section heading, section and Note filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18352. Filing of Papers.
History

HISTORY

1. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
2. Change without regulatory effect repealing Section 18352 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35).
§18353. Hearing Panel.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44800-44801, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Amendment filed 10-26-94; operative 10-26-94 pursuant  to Government Code section 11346.2(d) (Register 94, No. 43).
3. Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18354. Appeals.
Note     •     History

NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45500-45504, Public Resources Code.
HISTORY

1. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18355. Fee Schedules.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 43212, 43213 and 44006, Public Resources Code.
HISTORY

1. New section filed 8-3-77 as an emergency; effective upon filing (Register 77, No. 32).
2. Amendment filed 10-31-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
Article 5.1. Inventory of Solid Waste Facilities Which Violate State Minimum Standards
§18360. Authority and Scope.
Note     •     History

(a) This Article sets forth the procedures associated with the Inventory of Solid Waste Facilities Which Violate State Minimum Standards, and the enforcement roles of both the enforcement agency and the board.
(b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with Section 40000 of the Public Resources Code, as amended. This article should be read together with the Act.
(c) Nothing in this Article limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict cities or counties from promulgating laws which are at least as strict as the regulations contained in this Article. However, no city or county may promulgate laws which are inconsistent with the provisions of this Article.
NOTE

Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HISTORY

1. New article 5.1 (sections 18360-18368) and section filed 3-5-2003; operative 4-4-2003 (Register 2003, No. 10).
§18361. Definitions.
Note     •     History

The following definitions apply to Article 5.1.
(a) “Compliance schedule” means a written plan with milestone dates to achieve compliance for State Minimum Standard (SMS) violations. The compliance schedule could be proposed by the operator and approved by the enforcement agency or directed by the enforcement agency. The compliance schedule may be a stand-alone document or in the form of a Notice and Order pursuant to California Code of Regulations section 18304.
(b) “Executive director” means the executive director of the board or his/her designee.
(c) “Inventory” means a list of solid waste facilities operating in the State of California that have multiple violation(s) of the state minimum standards for solid waste handling and disposal. State minimum standards regulate the design and operation of solid waste facilities in order to protect public health and safety of the environment in Title 14 or Title 27, California Code of Regulations.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44104 and 44106, Public Resources Code.
HISTORY

1. New section filed 3-5-2003; operative 4-4-2003 (Register 2003, No. 10).
§18362. Notice of Intent to List a Facility for Inclusion on the Inventory.
Note     •     History

(a) If, at a permitted facility, the enforcement agency documents the same State Minimum Standards violation(s) for two consecutive months during its inspections, then the board will send a notice of intent letter to the operator and landowner of the facility. This letter is a notification to the operator/owner of a permitted facility that the board intends to place the facility on the Inventory if the violation(s) is not corrected within 90 days of receipt of the notice. The notice of intent letter will be sent by certified mail.
(b) The board must consult with the enforcement agency verbally or in writing before sending a notice of intent letter to ensure that the notification is based on current information.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44104, Public Resources Code.
HISTORY

1. New section filed 3-5-2003; operative 4-4-2003 (Register 2003, No. 10).
§18363. Rescission of the Notice of Intent to List a Facility on the Inventory.
Note     •     History

(a) If the enforcement agency provides written documentation that the facility is no longer in violation of all of the standard(s) listed in the notice of intent letter during the 90-day notice of intent period, then a rescission letter will be sent to the operator and landowner by the board. The rescission letter will be sent by certified mail.
(b) The enforcement agency must indicate compliance on an inspection report developed at the time compliance is determined or on the next inspection report after the determination.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44104, Public Resources Code.
HISTORY

1. New section filed 3-5-2003; operative 4-4-2003 (Register 2003, No. 10).
§18364. Inclusion of a Facility on the Inventory.
Note     •     History

(a) If the violation(s) listed on the notice of intent letter is not corrected on or before the 90th day subsequent to the operator's receipt of the notice of intent letter, then the board will send another letter to the operator and landowner as notification that their facility has been placed on the Inventory. The inclusion letter will state the violation(s) to be listed on the Inventory, including those on the notice of intent letter that have not been complied with, and will be sent by certified mail.
(b) The board must consult with the enforcement agency verbally or in writing before sending out an inclusion letter to ensure that the notification is based on current information.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44104, Public Resources Code.
HISTORY

1. New section filed 3-5-2003; operative 4-4-2003 (Register 2003, No. 10).
§18365. Compliance Schedule.
Note     •     History

(a) Within 15 business days following the date of the inclusion letter, the enforcement agency must issue a compliance schedule to the operator of the facility pursuant to PRC 44106(a). Within 5 business days of issuance of the compliance schedule, a copy will be sent to the board.
(b) The compliance schedule must have the final compliance date within one year from the date of the inclusion letter. The enforcement agency may issue a compliance schedule for more than one year but not to exceed two years, after informing the executive director in writing. A one-year extension beyond two years may be made prior to the expiration of the two-year period upon approval by the executive director. The executive director shall report any such approvals or disapprovals to the Board.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44106, Public Resources Code.
HISTORY

1. New section filed 3-5-2003; operative 4-4-2003 (Register 2003, No. 10).
§18366. Removal of a Family from the Inventory.
Note     •     History

(a) When the enforcement agency provides the board with written documentation that the facility is no longer in violation of all the standard(s) listed on the inclusion letter, then a removal letter will be sent to the operator and landowner by the board. The removal letter will be sent by certified mail within 15 days of the receipt of the LEA documentation.
(b) The enforcement agency must indicate compliance in an inspection report developed at the time compliance is determined or in the next inspection report after the determination.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44104 and 44106, Public Resources Code.
HISTORY

1. New section filed 3-5-2003; operative 4-4-2003 (Register 2003, No. 10).
§18367. Publishing the Inventory.
Note     •     History

(a) The Inventory will be published twice a year in board meeting minutes. Updates to the published Inventory will be made as needed.
(b) Each city council or county board of supervisors with a facility in its jurisdiction on the Inventory will receive a copy of the twice a year published Inventory. The jurisdiction will be notified when the facility is removed from the Inventory.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44104, Public Resources Code.
HISTORY

1. New section filed 3-5-2003; operative 4-4-2003 (Register 2003, No. 10).
§18368. Penalties.
Note     •     History

(a) The enforcement agency may issue enforcement orders as it deems appropriate pursuant to Public Resources Code, Division 30, Part 5 (commencing at section 45000) and Title 14, California Code of Regulations, Division 7, Chapter 5, Article 4 (commencing at section 18301).
(b) The enforcement agency may revoke the permit of a solid waste facility that does not meet the requirements contained in the compliance schedule issued by the enforcement agency until the violation(s) of state minimum standards which caused the facility to be included in the Inventory are remedied, pursuant to Public Resources Code, Division 30, Part 4, sections 44305 and 44306, and Title 14, California Code of Regulations, section 18307.
NOTE

Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections  44106 and 45000-45024, Public Resources Code.
HISTORY

1. New section filed 3-5-2003; operative 4-4-2003 (Register 2003, No. 10).
Article 6. Criteria, Priority and Administration of the Loan Guarantee Program Provided Pursuant to the Waste Disposal Site Hazard Reduction Act of 1987
§18400. Definitions.
Note     •     History

For the purposes of this article, the definitions found in Public Resources Code sections 46021-46028 shall apply unless otherwise indicated. The following supplementary definitions shall also govern the construction of this chapter:
(a) “Approved lending institutions” means banking organizations, including national banking associations and state chartered commercial banks and trust companies; savings and loan associations; and state and federal agencies authorized to make loans, such as the California Pollution Control Financing Authority.
(b) “Borrower” means an owner or operator of a solid waste landfill who applies for a loan, and meets the eligibility requirements set forth in section 18401 of these regulations.
(c) “Default” means the failure of a borrower or debtor to pay, when due, the principal and/or the interest owed:
(1) on an installment if the note is written for installment payments; or
(2) on maturity of the note if the note is written for a lump sum payment; or
(3) on demand of the lender if the lender has exercised the note's acceleration clause.
In the absence of the conditions stated above, failure of the debtor to comply with terms or conditions attached to a note shall not in itself constitute a default that would allow the lender to file a claim against the guarantee.
(d) “Qualifying” corrective actions are those actions which are required by a state or local enforcement agency to protect the public health or the environment, including but not limited to, events related to water contamination, air pollution, and methane gas migration at solid waste disposal facilities, and which are neither provided for in the closure or postclosure maintenance plans for a facility which are required by section 18255 of this Title; nor are required to be set forth in a facility's closure and postclosure maintenance plans by sections 18261 through 18265.3 of this title.
NOTE

Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46021-46028, 46300-46301, 46303 and 46350-46353, Public Resources Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18401. Loan Guarantee Criteria.
Note     •     History

The Board may guarantee a loan only if it determines that the borrower meets the following criteria:
(a) The borrower has met the requirements, if applicable, of Public Resources Code section 46202.
(b) The loan guarantee, if provided, shall be used to secure a loan from an approved lending institution to implement a qualifying corrective action, which is required to be taken pursuant to section 41805.5 of the Health and Safety Code or section 13273 of the Water Code, or pursuant to directions from a state or local enforcement agency.
(c) The borrower is unable to secure adequate finances for a qualifying corrective action and has provided written evidence that this guarantee is necessary in order to secure adequate finances. Evidence may include, but is not limited to, credit evaluations from approved lending institutions indicating that a guarantee is needed in order for the loan to be made.
(1) The landfill owner or operator shall have attempted to secure financing through conventional funding mechanisms. including but not limited to increased tipping fees, to cover the cost of implementing the corrective action.
(2) The borrower is unable to obtain the required financing from any of its parent, subsidiary or associated enterprises.
(d) If the facility is in the process of closing,the borrower must be undertaking the planned closure and postclosure maintenance activities. If any part of the facility has already been closed, the borrower must be undertaking the planned closure and postclosure maintenance activities on the closed portion.
(e) The borrower is able to repay the loan.
(1) Evaluation of the borrower's ability to repay shall be based on the borrower's financial statements for the previous three (3) years.
(A) Each of these statements shall consist of a balance sheet, an income statement, and a statement of changes in financial position, all of which will have been prepared according to generally accepted accounting principles.
(B) If the latest complete financial statement is more than six (6) months old, an interim financial statement not older than sixty (60) days shall be included.
(2) If financial statements are not available, the borrower will provide other information acceptable to the Board which establishes a financial ability to repay the loan, such as:
(A) Income tax returns,
(B) Credit reports from Retail Credit Association and other credit reporting agencies,
(C) An appraisal report showing the value of real and personal property which is suitable as collateral.
(f) The loan which is to be guaranteed will be secured by collateral as the Board may require, such as, but not limited to, a mortgage or security interest in real estate, and buildings or personal property of the borrower. These items may only be subject to encumbrances that the Board may approve, such as, assignment or pledges of leases, and personal or corporate guarantees. Only the unencumbered equity portion of the property accepted as collateral shall be considered as collateral. Personal guarantees of the principals shall be required, unless reasons satisfactory to the Board are presented which justify not requiring such guarantees.
(1) Real state or stationary machinery or equipment pledged as a significant portion of collateral for repayment of a guaranteed loan shall be located within the State of California. Real estate pledged as collateral shall not include land which has been used as a solid waste disposal site.
NOTE

Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46205 and 46303-46307, Public Resources Code.
HISTORY

1. Editorial renumbering of former section 18401 to section 18499, and new section 18401 filed 4-2-90; operative 5-2-90 (Register 90, No. 14). For prior history, see Registers 89, No. 1 and 81, No. 9.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18402. Priority.
Note     •     History

The allocation of loan guarantee funds by the Board shall be in accordance with the following order of priority:
(a) First priority will be given to applicants who need to secure financial resources for the mitigation of identified hazards to public health, damage to the environment, or nuisance to the public, of greatest severity, which are created by solid waste landfills and entail qualifying corrective actions as defined in section 18400 of this article.
(b) In the event that applications to mitigate hazards of equal severity are received, priority will be given to those applications where it is shown that there will be the greatest increase in the costs associated with the anticipated corrective action, if the corrective action is delayed.
(c) In the event that a priority between applications cannot be established by subsections (a) and (b), priority will be given to those applicants who demonstrate the best record of compliance with applicable law, regulations and permits required in the operation of landfill facilities.
(d) In the event that a priority between applications cannot be established by subsections (a) through (c), priority will be given to those applications with the smallest dollar value, in order to allow the maximum number of guarantees to be made within the limits of the Loan Guarantee Program.
NOTE

Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46306 and 46307, Public Resources Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18403. Loan Guarantee Size.
Note     •     History

(a) The minimum loan amount that will be guaranteed is the smallest amount which an approved lending institution is willing to loan to the borrower.
(b) The maximum loan guarantee amounts shall be subject to the following limitations:
(1) A loan guarantee will not exceed $1,000,000 or the cost of the specified corrective action, whichever is less.
(2) The total loan guarantee amount awarded to any one borrower will not exceed fifty percent (50%) of the balance of funds in the Account allocated for loan guarantees at the time the guarantee is awarded.
The Board may guarantee a loan in excess of these limits if it determines that a guarantee with a greater value is necessary to mitigate hazards to public health, damage to the environment, or nuisance to the public.
NOTE

Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46300, 46301 and 46303, Public Resources Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18404. Loan Guarantee Period.
Note     •     History

(a) A loan guarantee will expire sixty (60) months after the effective date of the guarantee of on the date the loan is repaid, whichever occurs first.
(b) A guarantee may be renewed prior to its termination. The Board will determine whether to renew a guarantee using the same criteria and procedures used to establish a new loan guarantee.
(c) A guarantee may exceed sixty (60) months if the Board determines that hazards to public health will exist, or damage to the environment will ensue, or a nuisance to the public will persist if a guarantee with a longer life is not made.
NOTE

Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Section 46303, Public Resources Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18405. Percentage of Guarantee.
Note     •     History

The Board may guarantee no more than ninety percent (90%) of the principal balance to be loaned. This guarantee shall obligate the Board to purchase from the lender the guaranteed portion of a loan in the event of a default, subject to the terms and conditions of the guarantee as specified in sections 18412 and 18413, and in the loan guarantee contract.
NOTE

Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Section 46303, Public Resources Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18406. Reserve Ratio.
Note     •     History

The Board shall insure that at all times loan guarantee funds are held in reserve in an amount equal to no less than seventy-five percent (75%) of the total amount of the guaranteed principal and interest which is currently outstanding.
NOTE

Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46300-46301, Public Resources Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18407. Loan Interest.
Note     •     History

The rate of interest to be charged on guaranteed loans shall be negotiated between the lender and borrower. The lender shall inform the Board of agreed-upon interest rate for a loan at the time the loan is made.
NOTE

Authority cited: Sections 40502 and 46201, Public Resources Code. Reference: Section 46303, Public Resources Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18408. Application for Loan Guarantees; Fees.
Note     •     History

(a) A landfill owner or operator shall file an application for a loan guarantee to fund a corrective action at the principal place of business of the Board.
(b) A landfill owner or operator shall file an application for a loan guarantee that includes information as specified in CIWMB Forms 201 (5/89), 202 (5/89) and 203 (5/89), which are incorporated by reference. Submittal of these forms is optional, but submittal of the information requested in these forms is mandatory.
(c) A lender shall include information on an applicant as specified in CIWMB Form 204 (5/89), which is incorporated by reference. Submittal of this form is optional, but submittal of the information requested in this form is mandatory.
(d) A minimum nonrefundable application fee of $250 or one-tenth (1/10) of one percent of the loan amount to be guaranteed, whichever is greater, shall be paid to the Board at the time of application to defray the Board's expenses in reviewing and processing the application.
NOTE

Authority cited: Sections 40502 and 46201, Public Resources Code. Reference: Sections 46204, 46308 and 46309, Public Resources Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18409. Board's Actions on Applications.
Note     •     History

(a) Upon receipt of an application for a loan guarantee made by a landfill operator or owner, the Board shall review the application to determine if the application is complete. If the application is not complete, it shall be returned and the applicant notified of the deficiencies in the application within thirty (30) days. The applicant may resubmit an application to correct the identified deficiencies one time without paying a new application fee.
(b) Within ninety (90) days of the receipt of the complete application, the Board shall approve, modify or deny the application for a loan guarantee.
(c) Upon approval of a requested loan guarantee, the Chairman of the Board shall insure that the criteria and priority imposed by sections 18401 and 18402, have been fully met.
(d) Before a loan guarantee commitment is issued by the Board, the terms of a loan guarantee shall be set forth in a contract agreed to by the borrower, the lender, and the Board.
(e) In the event the Board disapproves any application, the Board will notify the applicant of the disapproval and the reasons for the disapproval. The notice shall include a statement of the applicant's right to appeal for reconsideration upon meeting the requirements set forth in the notice of disapproval. An applicant may appeal for reconsideration one time without paying a new application fee.
NOTE

Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Section 46201, Public Resources Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18410. Report of Fund Condition.
Note     •     History

(a) Guaranteed loans shall be subject to audit by the Board at any time, as the Board deems warranted. These loans shall be subject to audit by the Board from the time the guarantee is issued until three years after the guarantee has expired.
(b) If, in the course of an audit, all accounting records of the loan expenditures are not available. the borrower will produce these records within sixty (60) days. If no ledgers exist, the borrower shall provide the Board with copies of source documents such as invoices, canceled checks, time sheets and payroll registers. It is the responsibility of the borrower to maintain proper accounting records.
(1) In the event that an audit reveals that the borrower used any of the loan proceeds for purposes other than the corrective action for which the loan guarantee was awarded, the borrower will be in violation of the loan guarantee agreement. Dependent upon the scope of the misuse of funds, the Board shall take action, such as, requiring refunds of misspent funds, filing civil lawsuits or criminal prosecution.
(c) Lenders shall verify in writing the condition of loans upon request by the Board. The verification shall consist of the terms of the loan, the repayment schedule, monthly payments, and any other information needed to monitor the financial condition of loans guaranteed.
NOTE

Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Section 46205, Public Resources Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18411. Default Claim Procedures.
Note     •     History

The following default claim procedures shall apply in the event a guaranteed loan is in default:
(a) The lender shall notify the Board of the debtor's delinquency by mailed notice no later than the forty-fifth (45th) day of delinquency.
(b) The lender shall supply the Board with copies of the notes, security agreements, guarantees and a summary of the loan's history, including where the loan is domiciled, the payment record, and a copy of the lender's liquidation plan by the sixtieth (60th) day of delinquency.
(c) The lender may file with the Board its claim for payment under the terms of the guarantee as stipulated in section 18412, no earlier tan the ninetieth (90th) day of delinquency. This claim shall be for the guaranteed portion of the outstanding principal balance of the loan plus the accrued unpaid interest on the guaranteed amount.
(d) Within forty-five (45) days from receipt of a claim for payment as a result of a delinquency, the Board shall notify the lender of its intent to purchase from the lender the guaranteed portion of the note for the amount specified in the claim.
(e) From the time a loan payment is first delinquent until the guaranteed portion of the note and the accrued interest is paid by the Board, the lender shall take actions necessary to secure and exercise its position as a creditor.
(f) On purchase of the guaranteed portion of a defaulted note by the Board, the lender shall assign the guaranteed portion of the note, security interest, and guarantees to the Board. The Board shall take the action it deems necessary and appropriate in order to secure payment from the debtor or the debtor's assets.
(g) In the event the Board obtains recovery on a defaulted note after its purchase from the lender, the proceeds of the recovery, minus the cost of recovery, shall be shared between the Board and lender in proportion to the exposure the Board and lender respectively bore to the defaulted note.
NOTE

Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46350-46353, Public Resources Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18412. Terms of Guarantee.
Note     •     History

The Board shall be obligated to purchase no more than ninety percent (90%) of the outstanding principal balance and the accrued unpaid interest. In the event the lender requests the note be purchased, the Board shall pay the percentage of accrued interest guaranteed for the number of days the debtor has been delinquent, up to the day the Board notified the lender of its intent to purchase the note. Payment, however, shall be conditional upon the lender having met the conditions of the guarantee as stipulated in section 18413.
In the event that the lender has recovered part of the collateral or security interest prior to reimbursement by the Board, only the difference between the recovered money and the guaranteed portion of the principal and the interest may be claimed against the loan guarantee fund by the lender. If the lender or the Board obtains recovery on a defaulted note after purchase and reimbursement by the Board, the recovery shall be paid to the Board and the lender in proportion to the exposure the Board and the lender respectively bore to the defaulted note after the deduction of its collection costs.
No single claim shall, nor shall the aggregate of claims made by lenders, hereunder, exceed the amount allocated to the loan guarantee fund in the Account. The State shall not be liable or obligated in any way beyond the State money allocated to the loan guarantee fund in the Account.
NOTE

Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46205 and 46350-46353, Public Resources Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18413. Conditions of Guarantee.
Note     •     History

The Board shall honor its guarantee to a lender if:
(a) The debtor is in default of the note, as defined in section 18400(c).
(b) The lender has met the conditions for the issuance of the guarantee and has observed the lender's reporting and collection requirements as specified in sections 18410 and 18411.
(c) The lender has complied with the terms of the loan guarantee contract.
NOTE

Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46350-46353, Public Resources Code.
HISTORY

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
Chapter 5.9. Department of Resources Recycling and Recovery (CalRecycle)-- Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Section 11344, that the printing of the regulations constituting the Conflict of Interest Code is impractical and, being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations:

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY 
  (CALRECYCLE)
801 K STREET, MS 19-01
SACRAMENTO, CA 95814

FAIR POLITICAL PRACTICES COMMISSION
428 J STREET, SUITE 800
SACRAMENTO, CA 95814

ARCHIVES
SECRETARY OF STATE
1020 “O” STREET
SACRAMENTO, CA 95814
The Conflict of Interest Code is designated as Chapter 5.9, Division 7 of Title 14, of the California Code of Regulations, and consists of sections numbered and titled as follows:

Chapter 5.9. Department of Resources Recycling and Recovery--
Conflict of Interest Code

	Section
	18419.	General Provisions
		Appendix A -- Designated Positions and Assigned 
		 Disclosure Categories
		Appendix B -- Disclosure Categories
NOTE

Authority cited: Section 87300 et seq., Government Code. Reference: Section 87300, et seq., Government Code.
HISTORY

1. New chapter 6 (sections 18401-18467, not consecutive) filed 2-21-78; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 1-12-78 (Register 78, No. 8).
2. Repealer of chapter 6 (articles 1-5, sections 18401-18467, not consecutive and Exhibits A and B) and new chapter 6 (section 18401 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9). 
3. Editorial renumbering of former section 18401 to section 18499 (Register 90, No. 14).
4. Change without regulatory effect renumbering chapter and section headings filed 1-14-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
5. Amendment of addresses, General Provisions and Appendix filed 11-15-93 for procedural review and publication only; operative 12-15-93. Approved by Fair Political Practices Commission 9-16-93 (Register 93, No. 47).
6. Amendment of addresses, Note and Appendices filed 12-5-2002; operative 1-4-2003. Approved by Fair Political Practices Commission 10-21-2002 (Register 2002, No. 49).
7. Amendment of addresses and Appendix filed 7-21-2005; operative 8-20-2005. Approved by Fair Political Practices Commission 3-3-2005 (Register 2005, No. 29).
8. Amendment of chapter heading, general provisions and section and redesignation and amendment of Appendix as new Appendices A and B filed 1-25-2012; operative 2-24-2012. Approved by Fair Political Practices Commission 12-7-2011 (Register 2012, No. 4).
Chapter 6. Permitting of Waste Tire Facilities and Waste Tire Hauler Registration and Tire Manifests
Article 1. General
§18420. Applicability.
Note     •     History

(a) The operator of a waste tire facility shall acquire a waste tire facility permit in accordance with the requirements of this Chapter and PRC section 42808, unless any of the following conditions exist:
(1) The waste tires are stored or disposed at a permitted solid waste disposal facility. The permit of the solid waste facility shall be revised pursuant to Public Resources Code (PRC) section 44014 and shall conform to the requirements of Division 7, Chapter 3, Article 5.5.
(2) The facility is using fewer than 5,000 waste tires for agricultural purposes and the waste tires have been rendered incapable of holding accumulations of water.
(3) The facility is storing fewer than 500 waste tires.
(4) The facility is a tire treading business and not more than 3,000 waste tires are kept on the premises.
(5) (Reserved).
(6) The facility is an automobile dismantler, as defined in Sections 220 and 221 of the Vehicle Code, who stores waste tires on the premises of the auto dismantler for less than 90 days if not more than 1,500 waste tires are ever accumulated on the dismantler's premises. 
(7) The facility is a tire dealer who stores waste tires on the dealer's premises for less than 90 days if not more than 1,500 waste tires are ever accumulated on the dealer's premises. 
(b) For purposes of determining the applicability of this Chapter 6, altered waste tires shall be counted as passenger tire equivalents (PTE). 
(c) (Reserved)
(d) For the purposes of Chapter 6, Articles 2 through 7 and Articles 9, 10 and 11 apply to operators and/or businesses described under Chapter 6, Article 1.
(e) A “used tire dealer” is only authorized to lawfully accept used or waste tires without a waste tire facility permit if the used tire dealer is in compliance with Section 17225.820, Article 4.1, Chapter 3 and has fewer than 1500 waste tires in accordance with Section 42808(c). 
NOTE

Authority cited: Sections 40502, 42820, 42830 and 42966, Public Resources Code. Reference: Sections 42806.5, 42808, 42820, 42830, 42831, 42832, 44014 and 42950, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of subsections (a)-(a)(2) and  (b), and adoption of subsections (c)-(d)(2) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of Chapter heading, new subsections (e) and (f), and amendment of Note filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
10. Amendment of chapter heading, new subsections (e) and (f) and amendment of Note refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
11. Amendment of chapter heading, new subsections (e)-(f) and amendment of Note refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
12. Amendment of chapter heading, new subsections (e)-(f) and amendment of Note refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
13. Change without regulatory effect amending subsection (d)(2) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
14. Certificate of Compliance as to 1-18-95 order including amendment of subsection (e) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
15. Repealer of subsection (a)(4), subsection renumbering, new subsection (a)(5), repealer of subsections (b) and (c), new subsection (b), subsection relettering, and amendment of newly designated subsection (c)(2) filed 6-16-98 as an emergency; operative 6-16-98 (Register 98, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-14-98 or emergency language will be repealed by operation of law on the following day.
16. Reinstatement of section as it existed prior to 6-16-98 emergency amendment by operation of Government Code section 11346.1(g) (Register 98, No. 46).
17. Repealer of subsection (a)(4), subsection renumbering, new subsection (a)(5), repealer of subsections (b) and (c), new subsection (b), subsection relettering, and amendment of newly designated subsection (c)(2) filed 11-9-98 as an emergency; operative 11-9-98 (Register 98, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-9-99 or emergency language will be repealed by operation of law on the following day.
18. Repealer of subsection (a)(4), subsection renumbering, new subsection (a)(5), repealer of subsections (b) and (c), new subsection (b), subsection relettering, and amendment of newly designated subsection (c)(2) refiled 3-5-99 as an emergency; operative 3-5-99 (Register 99, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-99 or emergency language will be repealed by operation of law on the following day.
19. Repealer of subsection (a)(4), subsection renumbering, new subsection (a)(5), repealer of subsections (b) and (c), new subsection (b), subsection relettering, and amendment of newly designated subsection (c)(2) refiled 7-2-99 as an emergency; operative 7-6-99 (Register 99, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-3-99 or emergency language will be repealed by operation of law on the following day.
20. Emergency action of 7-2-99 refiled 10-29-99 as an emergency, including transposition of subsections (a)(4) and (a)(5), repealer of subsection (b) and subsection relettering; operative 10-29-99 (Register 99, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-2000 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 10-29-99 order transmitted to OAL 2-22-2000 and filed 3-31-2000 (Register 2000, No. 13).
22. Amendment of section and Note filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
23. Amendment of chapter heading filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
§18421. Scope.
Note     •     History

NOTE

Authority cited: Sections 40502, 42020 and 42830, Public Resources Code: Reference: Sections 42820 and 42830, Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.  
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register  92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register  93, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. A Certificate of Compliance as  to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93   as an emergency; operative 6-22-93 (Register  93, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-20-92 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4  (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer of section transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18422. Definitions.
Note     •     History

NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 21068, 21082.2, 42800, 42820 and 42830, Public Resources Code and Sections 15002, 15064 and 15382, State CEQA Guidelines, Title 14, CCR.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendments transmitted to OAL  9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Repealer of article 2 heading and section and amendment of Note filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
Article 2. Review of Permit Applications
§18423. Filing of Application.
Note     •     History

(a) Every operator of a new or existing major or minor waste tire facility shall submit to the Board a completed original and two (2) copies of the waste tire facility permit application, as specified in Article 4 of this Chapter.
(b) Upon receipt of the application, the Board shall mark the application package with the date of receipt. Within 30 days of receipt, the Board shall examine the application package to determine whether it meets the requirements contained in this chapter and either accept the application as complete or reject the application. If the Board finds the application meets the requirements, the application shall be accepted as complete. If the Board determines that the application does not conform to the applicable requirements, it shall notify the applicant in writing enumerating the grounds for rejection. 
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820, 42821, 42822, 42830, 42832 and 42833, Public Resources Code and Sections 15376 and 65943, Government Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Renumbering of former article 3 to article 2 and amendment of section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18424. Amendments to Application.
Note     •     History

(a) At any time after an application for a waste tire facility permit has been made and before issuance or denial of a permit or revision thereof, the applicant shall notify the Board of any changes to the required information on the application. Such notice shall be given by the filing of an amendment to the application.
(b) If the Board determines that the amendment significantly alters the nature of the application, the Board may deem the amendment a new application. The new application shall supersede the previous application. In this case the time for the Board to act on the new application shall be computed from the date of filing of the amendment.
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820, 42821, 42822, 42830, 42832 and 42833, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of subsection (a) filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
Article 3. Permit Issuance, Renewal, Revision, Revocation, Denial, Suspension, Reinstatement, Change of Owner, Operator, and/or Address
§18425. Permit Issuance.
Note     •     History

(a) With the exception of subsection (d), within 180 days of accepting a completed application, the Board shall either issue a permit or deny the issuance of a permit in accordance with Subsections (b) and (c), respectively, unless the applicant requests an extension of time.
(b) Upon the applicant's compliance with this Chapter, the Board may make findings and issue the permit as provided in this Article. The permit shall specify the conditions under which the waste tire facility shall comply with this Chapter.
(c) If the Board denies the issuance of a permit, it shall accompany its denial with a written explanation of its action.
(d) If the Board is lead agency for the project, as defined in Government Code section 65929, for which an environmental impact report must be prepared pursuant to PRC section 21100, the Board shall have one year, from the date the application was accepted as complete, to issue or deny the issuance of a permit in accordance with subsections (b) and (c), respectively. If there has been an extension of time pursuant to PRC section 21100.2 to complete and certify the environmental impact report, the Board shall issue a permit or deny the issuance of a permit in accordance with subsections (b) and (c), respectively, within 90 days after certification of the environmental impact report. This extension of time may be extended once for an additional period, not to exceed 90 days, upon consent of both the applicant and the Board.
(e) A copy of the current permit shall be made available upon request to the Board or an authorized employee or agent of the Board during an inspection of the facility.
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821, 42822, 42832, 42833, 42840 and 42841, Public Resources Code and Sections 15376 and 65920-65961, Government Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of printing error in article heading (Register 93, No. 5).
6. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
7. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
8. Editorial correction of History 4  (Register 93, No. 26).
9. Certificate of Compliance as to 6-22-93 emergency order including amendment of subsection (d) and adoption of subsection (f) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
10. Renumbering and amendment of former article 4 to article 3, repealer of subsection (e), subsection relettering and amendment of Note filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18426. Permit Renewal.
Note     •     History

(a) Except as provided in Section 18429, of this Chapter every permit shall expire five years after its issuance, renewal, or most recent revision.
(b) At least 395 days prior to the expiration of an existing waste tire facility permit, the operator shall submit a completed original application for a waste tire facility permit and two (2) copies to the Board.
(c) Sections 18423 through 18425 of this Chapter shall apply to the submittal and review of the application for renewal and the issuance of a permit.
(d) If the Board determines upon review of the application for renewal that revision of the permit is not required, it shall inform the applicant of its decision and the basis for its decision.
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820, 42821, 42822, 42830, 42832, 42833, 42840 and 42841, Public Resources Code and Section 15376, Government Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18427. Permit Revision.
Note     •     History

(a) Any permittee proposing to make a substantial change in the design or operation of the waste tire facility, the operator of the waste tire facility shall apply for a revision of the permit. The application shall be made in the manner specified in sections 18423 and 18424 of Article 2. 
Except as otherwise provided in this section, the application shall be handled in the same manner as an application for a new permit.
(b) The Board may require the permittee to submit an application for revision if the revision is required to reflect changed state or federal statutes or regulations applicable to the facility.
(c) Except as provided in Paragraph (b) of this section, the permittee may at any time withdraw an application by submitting a written request to the Board. 
(d) The permittee shall notify the Board in writing of each administrative change no later than seven (7) business days after the change is effective. Administrative changes shall include but are not limited to, changes to any information in the application that does not apply to the design or operation of the facility.
(e) The Board will review the information provided and determine whether or not a permit revision is required. The applicant shall be notified in writing if the information is incomplete or if it is determined that a permit revision is required. If the owner/operator has satisfied all the requirements, Board staff will make applicable administrative changes to the permit and forward the applicable pages of the permit to the permittee. 
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 21068, 21082.2, 42820, 42822, 42830 and 42833, Public Resources Code and Sections 15002, 15064 and 15382, State CEQA Guidelines, Title 14, CCR.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendment of section heading and text transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of section heading, section and Note filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18428. Change of Owner, Operator, and/or Address.
Note     •     History

Owners and/or operators of a facility who plan to sell, encumber, transfer or convey the ownership or operation of the facility or land to a new owner or operator, or who plan to change their address shall notify the Board 30 days prior to the date of the planned transaction. The new owner or operator is required to submit the following information: 
(1) Names(s), address(es), where notice can be sent and phone numbers(s) of the new owner/operator; 
(2) Documentation that the new owner/operator meets the financial assurance and operating liability requirements, when applicable; 
(3) A signed affidavit certifying that the owner/operator has read the governing permit and conditioning documents and will operate in accordance with the terms and conditions of the existing WTFP and conditioning documents and that all new information submitted is correct; and 
(4) Amendments to the application package to reflect the change in owner/operator, and/or facility name. 
The Board staff will make the applicable administrative changes to the permit and forward the applicable pages of the permit to the permittee. 
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820 and 42830, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14). For prior history, see Register 93, No. 45.
Article 3.5. Enforcement Criteria for Waste Tire Facilities
§18429. Penalty Schedule for Administrative Complaints.
Note     •     History

(a) Unpermitted Waste Tire Facilities: 
(1) Determine in Table 1 whether or not this act is negligent or intentional, and whether is it the first, second, or third offense (intentional only). Match it up to the amount of tires at the site, and determine the base fine. Table 1 is to be used for violations of Public Resources Code, sections 42823, 42824, 42833, 42834, and California Code of Regulations, section 18420(a). Multiply the base fine by the applicable risk factor in Table 2A or Table 2B, dependent upon whether it is negligent or intentional, and determine the total fine/day that will be set. Multiply the total fine/day by the number of days past due with the Clean Up & Abatement Order deadline. 

Table 1# 

Type Of	500-4,999 	5,000-9,999	10,000-19,999	20,000-49,999	50,000 or More
Site/Operator 	Tires	Tires 	Tires 	Tires 	Tires  

Negligent-Capacity 
Unpermitted WTF 	$500 	$1,000 	$1,500 	$2,000 	$3,000
Unpermitted WTF 	$2,000 	$2,500 	$3,000 	$3,500 	$4,000
(2nd Offense, etc.) 

Intentional-Capacity 
Unpermitted WTF 	$1,000 	$2,000 	$3,000 	$4,000 	$6,000
Unpermitted WTF	$4,000 	$5,000 	$6,000 	$7,000 	$8,000  
(2nd Offense) 
Unpermitted WTF	$6,000 	$7,000 	$8,000 	$9,000 	$10,000 
 (3rd Offense, etc.) 

# Total amount of penalty not to exceed maximum amounts specified in PRC sections 42825 and 42835. 

Table 2A 

Enhancement Issue-Negligent Act 			Risk Factor 

Serious threat to Public Health and Safety, or the Environment. Residential homes, freeway/major roads, lakes, rivers, waterways and 	1.00 
airports within 1,000 feet. 		

Moderate threat to Public Health and Safety, or the Environment. Residential homes, freeway/major roads, lakes, rivers, waterways	 0.75 
and airports within one mile, but more than 1,000 feet. 

No potential threat to Public Health and Safety, or the Environment. 		0.50 

Table 2B 

Enhancement Issue-Intentional Act 			Risk Factor 

Serious threat to Public Health and Safety, or the Environment. Residential homes, freeway/major roads, lakes, rivers, waterways	1.5  
and airports within 1,000 feet. 

Moderate threat to public health and safety, or the environment. Residential homes, freeway/major roads, lakes, rivers, waterways and 	1.25 
airports within one mile, but more than 1,000 feet. 

No potential threat to public health and safety, or the environment. 		1.00 
(b) Permitted Waste Tire Facilities: 
(1) Determine in Table 3 whether or not this act is negligent or intentional, and whether is it the first, second, or third offense. Match it up to the amount of tires exceeding the permitted capacity at the site, and determine what the base penalty is. Table 3 is to be used for violations of the California Code of Regulations, sections 17351(c) and 17354 (a) & (b), or permit capacity only. Multiply the base penalty by the applicable risk factor in Table 4A or Table 4B and multiply that number by the amount of days past the Clean Up & Abatement Order deadline to determine the total fine. Determine what other types of violations were observed in Table 5, determine the appropriate penalty amount -in accordance with the criteria established in PRC section 42852, and add these penalties to the total fine. 

Table 3# 
(For Violations Of 17351(c), 17354 (a) & (b), Or Permit Capacity only) 

Type Of 
Site/Operator 	1-4,999 	5,000-9,999 	10,000-19,999 	20,000-49,999	50,000 or More
 	Tires*	Tires*	Tires*	Tires*	Tires*

Negligent Capacity 
Permitted WTF 	$500 	$1,000 	$1,500 	$2,000 	$3,000 
Permitted WTF 	$2,000 	$2,500 	$3,000 	$3,500 	$4,000 
(2nd Offense, etc.) 

Intentional Capacity 
Permitted WTF 	$1,000 	$2,000 	$3,000 	$4,000 	$6,000 
Permitted WTF 	$4,000 	$5,000 	$6,000 	$7,000 	$8,000 
(2nd Offense)
Permitted WTF	$6,000 	$7,000 	$8,000 	$9,000 	$10,000 
(3rd Offense, etc.) 

* Over permitted capacity 

# Total amount of penalty not to exceed maximum amounts specified in PRC sections 42825 and 42835. 

Table 4A 

Enhancement Issue-Negligent Act			 Risk Factor 

Serious threat to public health and safety, or the environment. Residential homes, freeway/major roads, lakes, rivers, waterways 	1.00 
and airports within 1,000 feet 

Moderate threat to public health and safety, or the environment. Residential homes, freeway/major roads, lakes, rivers, waterways and	0.75 
airports within one mile, but more than 1,000 feet. 

No potential threat to public health and safety, or the environment. 		0.50 

Table 4B 

Enhancement Issue-Intentional Act 			Risk Factor 

Serious threat to public health and safety, or the environment. Residential homes, freeway/major roads, lakes, rivers, waterways and	1.5  
airports within 1,000 feet. 

Moderate threat to public health and safety, or the environment. Residential homes, freeway/major roads, lakes, rivers, waterways and 	1.25 
airports within one mile, but more than 1,000 feet. 

No potential threat to public health and safety, or the environment. 		1.00 

Table 5 

Additional Penalties 			Range of Penalty 

Type of Violations 
14 CCR 17351(a) & (b) Communications and other site equipment 		$500-$5,000 
14 CCR 17352 Facility Access and Security 			$500-$5,000 
14 CCR 17353 Vector Control Measures 			$500-$5,000 
14 CCR 17354 [except (a)&(b)] Parameters For Storage of Waste Tires Outdoors 		$500-$5,000 
14 CCR 17356 Indoor Storage Parameters 			$500-$5,000 
14 CCR 18427 Permit Revision 			$500/day (minor)
			$1,000/day (major) 
14 CCR 18470 Financial Assurance Requirements for Closure 		$500-$5,000 
Violation of any Permit conditions (except capacity violation) 		$500-$5,000 
14 CCR 18423(a) Filing of Application 			$500-$5,000 
14 CCR 18440(a) Compliance with Section 18441 			$500-$5,000 
14 CCR 18440(b) Submit Updated Closure Plan 			$500-$5,000 
14 CCR 18440(c) Approval of Major WTF Closure Plan Prior to Closure 		$500-$5,000 
14 CCR 18440(d) Approval of Minor WTF Closure Plan Prior to Closure 		$500-$5,000 
14 CCR 18440(e) Immediate Closure 			$500-$5,000 
14 CCR 18441(a) Closure Procedures 			$500-$5,000 
14 CCR 18443(d) Inspection Access 			$500-$5,000 
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Section 42825, 42835, 42850 and 42852, Public Resources Code. 
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendment transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. New article 3.5 (section 18429) and repealer and new section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18430. Reinstatement of Suspended and Revoked Permits.
Note     •     History

NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820, 42830 and 42841, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer of section transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
Article 4. Permit Application
§18431. Application.
Note     •     History

An application for a new permit or an application for renewal or  revision of an existing permit, for a major waste tire facility, shall include items (a) through (h) of this section. An application for a new permit or an  application for renewal or revision for a minor waste tire facility permit shall include items (a) through (d) and (h) of this section.
(a) A complete form CIWMB 500 “Waste Tire Facility Permit Application” (9/02), which is incorporated herein by reference. (See Appendix A.)
(b) A completed form CIWMB 501 “Waste Tire Facility Operation Plan” (9/02) as specified in section 18432 of this Article, which is incorporated herein by reference. (See Appendix A.)
(c) A completed form CIWMB 502 “Waste Tire Facility Environmental Information” (9/02) which is incorporated herein by reference. (See Appendix A.)
(d) A completed form CIWMB 503 “Waste Tire Facility Emergency Response Plan” (9/02) as described in section 18433 of this Article. This form is incorporated herein by reference. (See Appendix A.)
(e) A completed form CIWMB 504 “Waste Tire Facility Closure Plan” (9/02). This form is incorporated herein by reference. (See Appendix A.)
(f) A completed Reduction/Elimination Plan as specified in section 18434 of this Article. 
(g) Financial assurance mechanisms and operating liability as specified in Articles 9 and 10 of this Chapter. These Article 9 and 10 forms are incorporated herein by reference. (See Appendix A.) 
(h) Verification that applicable local, state, and federal permits and approvals have been acquired by the applicant.
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 21068, 21082.2, 42821 and 42832, Public Resources Code, Sections 15002, 15064 and 15382, State CEQA Guidelines and Sections 65940 and 65941, Government Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendment transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect amending subsections (a)-(e) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
10. Renumbering of former article 5 to article 4 and amendment of section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18432. Operation Plan.
Note     •     History

(a) The Operation Plan, as required by 18431(b) shall demonstrate conformance with the technical standards contained in 14 CCR, Division 7, Chapter 3, Article 5.5.
(b) The operator shall file amendments to the Operation Plan whenever necessary to keep the information contained in it current.
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 41700, 42821 and 42832, Public Resources Code. 
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of section transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect amending subsection (b) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
10. Amendment filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18433. Emergency Response Plan.
Note     •     History

(a) The operator of the waste tire facility shall maintain a copy of the Emergency Response Plan at the facility. At the time of permit issuance the approved Emergency Response Plan shall be forwarded to the local fire authority by the permittee. The plan shall be revised as necessary to reflect any changes in the operations of the waste tire facility or requirements of the local fire authority. The local fire authority and the Board shall be notified of any changes to the plan within 30 days of the revision.
(b) The operator of the facility shall immediately notify the Board in the event of a fire or other emergency if that emergency has potential significant off-site effects. Within 30 days of any such emergency, the operator shall submit to the Board a written report describing the cause(s) of the emergency, the results of actions taken, and an analysis of the success or failure of these actions.
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of section transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect amending subsection (a) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
10. Amendment filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18434. Reduction/Elimination Plan.
Note     •     History

(a) The operator of a major waste tire facility shall submit a detailed plan and implementation schedule for the elimination or substantial reduction of existing tire piles pursuant to Public Resources Code section 42821(b).
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of section transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18435. Closure Plan.
Note     •     History

NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order  including  repealer  of section transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
Article 5. Closure
§18440. Closure Commencement.
Note     •     History

(a) The operator of a major or minor waste tire facility shall comply with the requirements of section 18441 of this Article when closing the waste tire facility.
(b) The operator of a major waste tire facility shall submit to the Board for approval an updated Closure Plan (Part B), Form CIWMB 504 (9/02) as specified in section 18442 of this Article, at least 120 days prior to the anticipated closure of the site. This time period shall not apply to facilities required to close in accordance with subsection (e).
(c) The operator of a major waste tire facility shall receive approval in writing from the Board of the updated Closure Plan, prior to beginning closure of the site.
(d) Operators of minor waste tire facilities shall receive written approval from the Board concerning the final planned disposition of waste tires prior to commencing closure. Approval shall be based upon the criteria in section 18441(a)(3) of this Article.
(e) The operator of a major or minor waste tire facility shall cease to accept waste tires and shall immediately begin closure of the site in compliance with any closure conditions established in the permit and these regulations, and shall notify the Board in writing upon commencement, after receiving written approval from the Board in accordance with subsections (c) and (d), if:
(1) The waste tire facility permit expires and renewal of the permit is not applied for, or it is revoked or denied; or
(2) A Board order to cease operation is issued; or
(3)  The operator is unable to comply with the Articles in this Chapter or Article 5.5 of Chapter 3.
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order  including  amendments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Renumbering of former article 6 to article 5 and amendment of subsection (b) filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18441. Closure Conditions.
Note     •     History

(a) In closing the waste tire facility, the operator shall:
(1) Close public access to the waste tire facility;
(2) Post a notice at the entrance indicating to the public that the site is closed and the location of a site where waste tires can be deposited;
(3) Remove all waste tires and tire residues in accordance with Article 8.5 of this Chapter to a destination facility(s) approved by the Board in the Closure Plan. Board approval of destination facilities, within the state, shall be based on the following criteria:
(A) Destination facilities eligible for approval by the Board shall use one or more of the methods delineated in Public Resources Code section 42821(b). If waste tires are transported first to a collection facility, the operator of the closing facility shall provide documentation to the Board that the waste tires shall be transported from the collection facility to a destination facility approved by the Board within 90 days of receipt of each shipment of waste tires from the closing facility.
(B) A Collection or destination facility shall meet the requirements of subsection (A), and the requirements associated with any of the following facility types: 
(i) the facility is a solid waste disposal facility permitted in accordance with section 18420(a) of Article 1; or
(ii) the facility is a major or minor waste tire facility permitted under this Chapter; or
(iii) the facility meets at least one of the requirements of section 18420(a)(2) and (4)-(6) of Article 1 and it meets the requirements of section 18420(b) of Article 1.
(4) Remove any debris to a recycling facility or a permitted solid waste disposal site; and
(5) Notify the Board when the closure activities are completed and the site is ready for inspection, and furnish the Board with manifests and trucking receipts or other documentation that tires and tire residues have been removed from the site and disposed of properly.
(b) After receiving notification that site closure is complete, the Board may inspect the site. If all procedures have been completed in accordance with these regulations, and the waste tires have been transported to an approved destination facility if the waste tires were first transported to a collection facility as specified in section 18441(a) of this Article, the Board shall approve the closure of a major waste tire facility in writing.
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order  including  amendments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of subsections (a)(3)-(a)(3)(B)(i), (a)(3)(B)(iii) and (a)(5) filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18442. Closure Plan.
Note     •     History

NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code.
HISTORY

1. New section filed 11-3-93; operative 11-3-93 (Register 93, No. 45).
2. Repealer filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
Article 6. Inspection of Waste Tire Facilities
§18443. Inspection.
Note     •     History

(a) The Board and/or  the Enforcement Agency (EA) for the jurisdiction in which the waste tire facility is located shall inspect waste tire facilities for compliance with the applicable waste tire storage and disposal standards and any terms and conditions specified in the waste tire facility permit.
(b) Prior to the initial issuance, renewal or revision of a major or minor waste tire facility permit the Board or the EA shall inspect the facility. After the issuance of a permit, a major waste tire facility shall be inspected by the EA at least once annually. Minor waste tire facilities shall be inspected at least once every two and a half years.
(c) Reports of inspections conducted by the EA shall be submitted to the Board within 30 days of the date of inspection. If the inspection identifies a violation of the permit that is an endangerment to public health, safety or the environment, the EA shall file an inspection report within 7 days of the inspection.
(d) Upon presentation of proper credentials, the Board or an authorized Board employee or agent, shall be allowed to enter the facility during normal working hours to examine and copy books, papers, records, or memoranda pertaining to the facility, and to conduct inspections and investigations pertaining to the facility.
NOTE

Authority cited: Sections 40502, 42820, 42821, 42830 and 42832, Public Resources Code. Reference: Sections 42825, 42834, 42835 and 42845, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction reinserting article 7 heading (Register 92, No. 40).
5. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
7. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
8. Editorial correction of History 5 (Register 93, No. 26).
9. Certificate of Compliance as to 6-22-93 emergency order  including  amendments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
10. Renumbering of former article 7 to article 6 and amendment of section and Note filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
Article 7. Records
§18445. Record Keeping.
Note     •     History

NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820 and 42830, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order  including repealer of section transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Renumbering of former article 8 to article 7 filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18447. Retention of Records.
Note     •     History

Copies of all records required to be kept under this Chapter shall be retained by the operator for three (3) years at the place of business and shall be made available at the site during normal business hours for inspection and photocopy by any representative of the Board or any individual authorized by the Board.
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820, 42821, 42830 and 43832, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order  including  amendments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18448. Certification of Records.
Note     •     History

(a) All records, summaries or reports submitted to the Board as required by this Chapter shall be signed  by a person responsible for preparing and reviewing such documents as part of his or her duties in the regular course of business.
(b) Any person signing a document submitted under this Chapter shall make the following certification:
I certify that this document and all attachments were prepared under my direction or supervision. I have inquired of the person or persons who manage the system or those persons directly responsible for gathering the information, and certify that the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.
NOTE

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section, with amendments to CIWMB 154, refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order  including  amendments of  subsection (a) and repealer and adoption of forms transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect moving forms to section 18831, appendix A filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
10. Amendment of Note filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
Article 8.5. Waste Tire Hauler Registration and Manifesting Requirements for Used and Waste Tire Haulers, Retreaders, Used and Waste Tire Generators, and Used and Waste Tire End-Use Facilities
§18449. Scope.
Note     •     History

(a) This Article specifies the procedures for waste tire hauler registration and tire manifest system requirements for used and waste tire haulers, retreaders, used and waste tire generators, and end-use facilities, including reporting and documentation requirements.
(b) In addition to the regulations in this article, statutory provisions contained in Sections 42950 through 42967 of the Public Resources Code govern the Waste Tire Hauler Registration Program.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42950 et seq., Public Resources Code.
HISTORY

1. New Article 8.5 (sections 18449-18462.2) and section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New article 8.5 and section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New article 8.5 and section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New article 8.5 and section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order  including repealer and new section heading, and amendment of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of article heading, repealer and new subsection (a) and amendment of subsection (b) filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Amendment of article heading and subsection (a) filed 8-23-2004 as an emergency; operative 8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-21-2004 or emergency language will be repealed by operation of law on the following day.
8. Amendment of article heading and subsection (a) refiled 12-22-2004 as an emergency; operative 12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 12-22-2004 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 17).
10. Amendment of article heading and subsection (a) filed 4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emergency language will be repealed by operation of law on the following day.
11. Amendment of article heading and subsection (a) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 4-25-2005 order, including new subsection (c), transmitted to OAL 8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
13. Amendment of article heading and subsection (a) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
14. Amendment of article heading and subsection (a) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
16. Amendment of subsection (a) and repealer of subsection (c) filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18450. Definitions.
Note     •     History

(a) For the purposes of this Article, the definitions found in: Public Resources Code Sections 42950-42967; and Chapter 3, Article 4.1, of this Division (commencing with Section 17225.701); and the following shall apply:
(1) “Board” means the California Integrated Waste Management Board, which, as of January 1, 2010, ceased to exist as an agency and became part of (subjoined into) a new Department of Resources Recycling and Recovery (CalRecycle).
(2) “Bond” means a surety bond issued by a California admitted insurance carrier.
(3) “Business Name” means the name of the operation registered with the local government of the State of California; the business license name.
(4) “Calendar Year” means January 1 through December 31 of any year.
(5) “CalRecycle” means the Department of Resources Recycling and Recovery, which is vested with the authority, duties, powers, purposes, responsibilities and jurisdiction of the former California Integrated Waste Management Board. CalRecycle is also referred to in these regulations as the “Department.” 
(6) “CIWMB” means the California Integrated Waste Management Board, which, as of January 1, 2010, ceased to exist as an agency and became part of (subjoined into) a new Department of Resources Recovery and Recycling (CalRecycle).
(7) “Civil Penalty” means a fine assessed as a result of a violation of an applicable provision.
(8) “Collection Center” See Facility.
(9) “Commingled” means inextricably mixed together, in that the waste components cannot be economically or practically separated.
(10) “Common Carrier” means every common carrier as described in Public Utilities Code Section 211 with a motor vehicle transportation business that offers service to the general public and hauls a commodity other than used or waste tires to an original destination point and then transports used or waste tires on the return part of the trip. The revenue derived from transporting the used or waste tires must be incidental when compared to the revenue earned by the common carrier as stated in Public Resources Code Section 42954(a)(61). For purposes of this Chapter, incidental revenue means 10% or less of total annual revenue. 
(11) “Comprehensive Trip Log” or “CTL” means the California Uniform Used and Waste Used Tire Manifest System form developed by the Department pursuant to Public Resources Code, section 42961.5. The Comprehensive Trip Log is attached hereto as Appendix A (CalRecycle 203, 10/05) and incorporated by reference herein.
(12) “Decal” see “Waste Tire Hauler Decal” as defined in this section. 
(13) “Electronic report” means electronic submittal of manifest information to the Department by means of electronic data transfer or web-based data entry in accordance with the requirements set forth in Section18459.1.2.
(14) “Electronic Data Transfer Form” or “EDT Form” means a paper reporting form, approved by the Department, that is used by the hauler or responsible party for reporting manifest information in lieu of the required Comprehensive Trip Log. The EDT Form will contain the information required on the Comprehensive Trip Log.
(15) “End-Use Facility” means the facility where used or waste tires are unloaded and/or accepted.
(16) “Facility” means a waste tire facility, as defined in Public Resources Code Section 42808, a facility authorized to accept used or waste tires pursuant to a state or local agency permit, or a facility which lawfully accepts used or waste tires as authorized under Title 14, Section 18420.
(17) “Generator” see “Used or Waste Tire Generator” as defined in this section. 
(18) “Hauler” see “Used or Waste Tire Hauler” as defined in this section. 
(19) “Load” means a single transaction (a pick up or delivery) of used or waste tires between the hauler and generator, or the hauler and end-use facility. There may be one or more loads on a trip.
(20) “Local Government” means a county, city, city and county, special district, joint powers agency or other political subdivision of the state.
(21) “Manifest Form” means Comprehensive Trip Log (CalRecycle 203) or EDT Form. Except as otherwise provided by this Article, the Manifest Form shall be completed by the waste tire hauler which shall accompany each transported shipment of used or waste tires.
(22) “New Tire Adjustment” means return or replacement of a new tire that is defective or damaged to the manufacturer or wholesale distributor.
(23) “Person” includes an individual, sole proprietorship, co-partnership, Limited Liability Company, corporation, political subdivision, government agency, or municipality.
(24) “Place of Business” means the actual physical location where used or waste tires are picked up from, delivered to, or stored.
(25) “Registration” see “Waste Tire Hauler Registration” as defined in this section. 
(26) “Registered Vehicle Owner” means the person in whom title is vested and/or to whom the vehicle is registered with the Department of  Motor Vehicles for any jurisdiction, domestic and foreign, in which the vehicle is registered.
(27) “Retreader” means a business, person, entity, individual, sole proprietorship, co-partnership, Limited Liability Company, or corporation, who is in the business of retreading or recapping tire casings for reuse. The retreader shall have a Manufacturer 3-Digit Identification issued by the United States Department of Transportation pursuant to Title 49, Code of Federal Regulations, Section 574.5. If the retreader is a registered waste tire hauler, they shall comply with all waste tire hauler requirements. Retreaders must maintain for three (3) years, records of all CalRecycle forms whether currently used or documents that have been replaced by other forms.
(28) “Revenue” is annual net income earned.
(29) “Tire Casing” is the carcass of a reusable tire that after inspection can be retreaded or recapped by a retreader. For purposes of this Article, each tire casing is considered to be a separate used or waste tire. 
(30) “Tire Program Identification Number” or “TPID” is a unique CalRecycle assigned number for each used or waste tire hauler, each business location from which used or waste tires are generated, and for each location where used or waste tires are transported to as an end-use facility. 
(31) “Trip” means the hauling of used or waste tires that begins with a waste tire hauler's first pick-up of used or waste tires from a generator and ends with the hauler's last delivery of used or waste tires to an end-use facility, but in no case shall a trip exceed five (5) consecutive days.
(32) “Unregistered Hauler & Comprehensive Trip Log Substitution Form” is the form to be completed by the generator and end use facility pursuant to the requirements set forth in Sections18461(b) and 18462(c). The Unregistered Hauler & Comprehensive Trip Log Substitution Form is attached hereto as Appendix A (CalRecycle 204, 08/05) and incorporated by reference herein.
(33) “Used or Waste Tire Generator” or “Generator” means any person who provides used or waste tires to a waste tire hauler; including, but not limited to auto dismantlers, automotive fleet service centers, tire dealers, car dealers, local government fleet operators, rental fleets, etc., and as described in Public Resources Code Section 42950(l). 
(34) “Used or Waste Tire Hauler” or “Hauler” means any person engaged in the transportation of used or waste tires, or tire casings, including haulers that the Department approved as exempt from registration pursuant to Public Resources Code Section 42954. 
(35) “Used Tire” in accordance with Public Resources Code Section 42950(j) means a tire that meets both of the following requirements: 
(A) The tire is no longer mounted on a vehicle but is still suitable for use as a vehicle tire. 
(B) The tire meets the applicable requirements of the Vehicle Code and of CCR, Title 13, Motor Vehicles. 
(36) “Vehicle Description” includes the year, the model, the make of the vehicle, Vehicle Identification Number as defined in California Vehicle Code Section 671, and Vehicle License Plate Number, including state of issuance, as defined in California Vehicle Code Section 4850(a). Trailers as defined in Vehicle Code Section 630 are not eligible for registration. 
(37) “Waste Tire” in accordance with Public Resources Code Section 42950(k) means a tire that is no longer mounted on a vehicle and is no longer suitable for use as a vehicle tire due to wear, damage, or deviation from the manufacturer's original specifications. A waste tire includes a repairable tire, scrap tire, and altered waste tire, but does not include a tire derived product, crumb rubber, or a used tire. 
(38) “Waste Tire Hauler Decal” is a decal issued by the Department, printed on specially prepared paper with a unique number, for affixing to the common passenger side, inside lower right hand corner of the windshield.
(39) “Waste Tire Hauler Registration” means the documents, including the decal and registration form, issued by the Department, which authorizes the holder of the documents to legally haul used or waste tires within California for the period of issuance.
(40) “Waste Tire Manifest System” means the California Uniform Used and Waste Tire Manifest System authorized by Section 42961.5 of the Public Resources Code, which includes the Comprehensive Trip Log and all procedures and regulations applicable to the transportation of the used or waste tires from point of origin to final destination of the used or waste tires.
NOTE

Authority cited: Sections 40400, 40401, 40502, 42966 and 43020, Public Resources Code. Reference: Sections 40110, 40400, 40401, 42950, 42951, 42952, 42954, 42955, 42956, 42958 and 42961.5, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading and section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. New subsections (a)(12), (a)(19), (a)(20) and (a)(22) and subsection renumbering filed 8-23-2004 as an emergency; operative 8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-21-2004 or emergency language will be repealed by operation of law on the following day.
8. Refiling of 8-23-2004 emergency, including new Appendix A, 12-22-2004 as an emergency; operative 12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 12-22-2004 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 17).
10. New subsections (a)(12), (a)(19), (a)(20) and (a)(22), subsection renumbering and new Appendix A filed 4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emergency language will be repealed by operation of law on the following day.
11. Editorial correction relocating forms CIWMB 173 and CIWMB 180 from section 18450 to section 18831, Appendix A (Register 2005, No. 24).
12. New subsections (a)(9)-(a)(11), (a)(21) and (a)(29), subsection relettering and amendment of newly designated subsections (a)(18), (a)(23), (a)(24), (a)(26), (a)(30) and (a)(34) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 4-25-2005 order, including amendment of subsections (a)(15), (a)(19) and (a)(26), transmitted to OAL 8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
14. New subsections (a)(9)-(a)(11), (a)(21) and (a)(29), subsection relettering and amendment of newly designated subsections (a)(18), (a)(23), (a)(24), (a)(26), (a)(30) and (a)(34) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
15. New subsections (a)(9)-(a)(11), (a)(21) and (a)(29), subsection relettering and amendment of newly designated subsections (a)(18), (a)(23), (a)(24), (a)(26), (a)(30) and (a)(34) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
17. Amendment of section and Note filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18451. Applicability of These Regulations.
Note     •     History

(a) Waste tire haulers, retreaders, waste tire generators, and end-use facilities shall comply with these regulations, unless exempted by Section 42954 of the Public Resources Code and applicable procedures set forth in Sections 18452.1-18453.2.
(b) The return of new tire adjustments to the wholesale distributor or manufacturer under “warranty consideration” is not considered used or waste tire hauling for the purposes, implementation, and enforcement of this Article. The person transporting the tires must have in the vehicle, documentation substantiating that the tires are being returned for “warranty consideration.” Lack of documentation or false information will subject the transporter to enforcement and penalties under this Article.
(c) “Tire Derived Product” being transported from the processing facility to the end-use facility is not considered used or waste tire hauling for the purposes, implementation, and enforcement of this Chapter. The hauler shall have a copy of the letter issued by the Department to the processing facility stating that the material is “Tire Derived Product” and a bill of lading accompanying the load. The letter and bill of lading shall be carried in the vehicle while transporting the “Tire Derived Product” from the processing facility to the end-use facility. Lack of documentation or false information will subject the transporter to enforcement and penalties under this Chapter.
(d) New tires, pneumatic or solid, that have never been driven on by any vehicle, discarded tires from electric wheelchairs, and solid plastic forklift tires are not considered used or waste tires under this Chapter. All other used or waste tires including those from aircraft, motorcycles, and heavy equipment tires are subject to the requirements of this Chapter. 
(e) The “beneficial use hauling of used or waste tires” is defined as using the used or waste tires as bumpers or cushions to stabilize or protect the goods or materials being transported; or where the used or waste tires are used as bumpers or cushions during the normal course of hauling. Beneficial use hauling shall not be considered used and waste tire hauling for the purposes of this Article. 
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42953 and 42954, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section heading and section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. New subsections (b)-(b)(6) filed 9-10-96; operative 9-10-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 37).
7. Amendment of section heading and section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
8. Amendment of subsection (a) filed 8-23-2004 as an emergency; operative 8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-21-2004 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (a) refiled 12-22-2004 as an emergency; operative 12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed prior to 12-22-2004 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 17).
11. Amendment of subsection (a) filed 4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsection (a) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 4-25-2005 order transmitted to OAL 8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
14. Amendment of subsection (a) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
15. Amendment of subsection (a) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
17. Amendment filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18452. Exemptions from Registration As a Waste Tire Hauler. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42954, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section heading and subsections (a), (a)(3), (a)(4), and (b) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Repealer filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
§18452.1. Exemption Certification for Beneficial Use Hauling of Used or Waste Tires.
Note     •     History

(a) A person wishing to qualify for an exemption from waste tire hauler registration under Sections 18451(e) shall certify in writing to the Department under penalty of perjury that they qualify for the beneficial use hauling exemption. This certification shall contain the following information: 
(1) The name of the individual and/or business. 
(2) The mailing address for the individual and/or business. 
(3) The name of the contact person. 
(4) The telephone number of the contact person. 
(5) The number of vehicles used. 
(6) The description of the business operation, including why the beneficial use exemption should be considered. 
(7) A certification statement by the operator as follows: “The undersigned certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct.”
(8) The name and signature of the authorized agent on behalf of the business. 
(9) The date of certification. 
(b) Upon receipt of the certification letter, the Department will notify the applicant within 30 days if the certification for exemption is either: 
(1) incomplete, and if so, what specific information is required,
(2) granted,
(3) denied, and if so, the reason(s) for denial. 
(c) If the beneficial uses hauling exemption is granted, the Department shall issue a nontransferable Beneficial Use Hauling exemption letter to be carried in the vehicle(s) used to transport the used or waste tires. This document may be issued for a period of up to five years on a case by case basis. Failure to have a copy of this Exemption Letter in possession while transporting used and waste tires may subject the hauler to citation for unregistered used and waste tire hauling by local law enforcement and/or civil or administrative penalties by the Department. 
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42954, Public Resources Code. 
HISTORY

1. New section filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18453. Exemption Certification for Agricultural Purposes or Common Carrier.
Note     •     History

(a) A person wishing to qualify for an exemption from waste tire hauler registration under Public Resources Code Sections 42954(a)(5) and 42954(a)(6) shall complete and submit the Application for Agricultural/Common Carrier Exemption Letter, (CalRecycle 241, 01/08) which is attached hereto as Appendix A and incorporated by reference herein, to the Department under penalty of perjury to qualify for an exemption from registration as a waste tire hauler for agricultural purposes or as a Common Carrier.
(b) Upon receipt of the Application for Agricultural/Common Carrier Exemption Letter (CalRecycle 241), the Department will notify the applicant within 30 days if the certification for exemption is either:
(1) incomplete, and if so, what specific information is required,
(2) granted,
(3) denied, and if so, the reason(s) for denial.
(c) If the agricultural purposes exemption or common carrier exemption is granted, the Department shall issue a non-transferable exemption document to be carried in the vehicle(s) used to transport the used or waste tires.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42954, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section heading and NOTE transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading and section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Amendment of subsection (a) filed 7-21-2004; operative 7-21-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 30).
8. Editorial correction restoring inadvertently omitted section (Register 2006, No. 47).
9. Amendment of section heading and section filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18453.1. Cost to Receive an Exemption from Waste Tire Hauler Registration.
Note     •     History

No fee is to be paid to the Board to certify an exemption from waste tire hauler registration.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42954, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section heading and section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading and section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Editorial correction restoring inadvertently omitted section (Register 2006, No. 46).
§18453.2. Valid Agricultural and Common Carrier Exemption Period and Renewal.
Note     •     History

(a) An exemption as described under Public Resources Code Sections 42954(a)(5) and 42954(a)(6) shall be valid up to five years from the date of approval provided that the information relied upon to qualify for the exemption remains unchanged.
(b) A person wishing to continue to qualify for an exemption from waste tire hauler registration under Sections 42954(a)(5) and (a)(6) of the Public Resources Code shall renew the certification by submitting an application to the Department in accordance with the requirements in Section 18453.
(c) All exemption applications shall be submitted 45 days prior to the expiration date. Renewed exemptions are valid for up to five years.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42954, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section heading and newly designated subsection (a), and new subsections (b) and (c) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Amendment of subsections (a)-(b) filed 7-21-2004; operative 7-21-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 30).
8. Amendment of subsection (b) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (b) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (b) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
12. Amendment of section heading and section filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18453.3. When Should an Exemption Be Renewed? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42954, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section  transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18454. Waste Tire Hauler Initial Registration.
Note     •     History

(a) Any person hauling 10 or more used or waste tires shall apply for a waste tire hauler registration, unless exempt pursuant to Section 18451, by submitting to the Department a completed original form CalRecycle 60 (1/08) “Waste Tire Hauler Registration Application,” which is attached hereto as Appendix A (CalRecycle 60, 1/08) and incorporated by reference herein and form CIWMB 61 “Waste Tire Hauler Bond” (1/08), which is attached hereto as Appendix A (CIWMB 61 1/08) and incorporated by reference herein.
(1) For purposes of Public Resources Code Section 42960, it is presumed that any person transporting used or waste tires under a valid registration issued by the Department is an agent of the registered waste tire hauler.
(b) An application may be submitted at any time.
(c) The initial waste tire hauler registration is valid form the date of issuance to January 1 of the following year.
(d) The waste tire hauler is not authorized to haul used or waste tires after the January 1 expiration date unless the waste tire hauler has applied to renew the waste tire hauler registration prior to expiration and has received the Department issued renewal registration card(s) and vehicle decal(s).
(e) There is no fee paid to the Department to apply for an initial waste tire hauler registration.
(f) The registration card and/or decal issued to a specific vehicle are not transferable from vehicle to vehicle. They shall be present in the vehicle to which they were issued.
(g) A used or waste tire hauler registration is not transferable by the person to whom it was issued to any other person.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42954, 42955, 42956 and 42958, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section heading, repealer of section and new section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Change without regulatory effect amending subsection (a) filed 4-11-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 15).
8. Amendment of subsections (a)-(a)(1) and (d)-(g) filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18454.1. Who Must Obtain an Initial Waste Tire Hauler Registration? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42954, 42955, 42956 and 42958, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18454.2. When Should I Obtain an Initial Waste Tire Hauler Registration? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18454.3. How Long Is the Initial Waste Tire Hauler Registration Valid? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42958, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18454.4. How Do I Obtain an Initial Waste Tire Hauler Registration? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42955 and 42956, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Change without regulatory effect  amending section filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
6. Certificate of Compliance as to 1-18-95 order including repealer of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18454.5. Are There any Costs for the Initial Waste Tire Hauler Registration? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42955 and 42956, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18455. Waste Tire Hauler Renewal Registration.
Note     •     History

(a) Any person may apply for renewal of a waste tire hauler registration by submitting to the Department a new completed form CalRecycle 60. If the waste tire hauler bond has expired or has been cancelled, a new bond must also be submitted with the renewal application.
(b) All renewed waste tire hauler registrations expire annually on January 1.
(c) The waste tire hauler who wishes to continue to operate as a waste tire hauler shall submit an application for a renewed waste tire hauler registration. This application shall be received by the Department no later than 45 days prior to the January 1 expiration date.
(d) The waste tire hauler is not authorized to haul used or waste tires after the January 1 expiration date unless the waste tire hauler has applied to renew the waste tire hauler registration prior to expiration and has received Department issued renewal registration card(s) and vehicle decal(s).
(e) There is no fee paid to the Department to apply for a renewed waste tire hauler registration.
(f) The registration card and/or decal issued to a specific vehicle are not transferable from vehicle to vehicle. They shall be present in the vehicle to which they were issued. 
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42955, 42956 and 42958, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section heading, repealer of section and new section  transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Amendment filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18455.1. How do I Renew the Waste Tire Hauler Registration? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Change without regulatory effect  amending subsection (a) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
6. Certificate of Compliance as to 1-18-95 order including repealer of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18455.2. When Should I Renew a Waste Tire Hauler Registration? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18455.3. Are There any Costs for Renewal of the Waste Tire Hauler Registration? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42955, 42956 and 42958, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18456. Waste Tire Hauler Registration Application.
Note     •     History

(a) Copies of forms CalRecycle 60 and CIWMB 61 can be obtained by contacting the Department of Resources Recycling and Recovery (CalRecycle), Tire Hauler Compliance Section, Compliance Evaluation and Enforcement Division, P.O. Box 4025, Sacramento, CA 95812 or accessing the Department of Resources Recycling and Recovery (CalRecycle) website located at www.calrecycle.ca.gov/Tires.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42954, 42955, 42956 and 42958, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section heading, repealer of section, renumbering and amendment of former section 18456.1 to subsection (a), new subsection (b), renumbering and amendment of former section 18456.2 (a) through (a)(i) to subsection (c) through (c)9. and amendment of Note transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading and section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Amendment of subsection (a) filed 8-23-2004 as an emergency; operative 8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-21-2004 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (a) refiled 12-22-2004 as an emergency; operative 12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 12-22-2004 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 17).
10. Amendment of subsection (a) filed 4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emergency language will be repealed by operation of law on the following day.
11. Amendment of section heading and section filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 4-25-2005 order transmitted to OAL 8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
13. Amendment of section heading and section refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
14. Amendment of section heading and section refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
15. Change without regulatory effect amending section filed 4-11-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 15).
16. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
17. Amendment of section heading and section filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18456.1. Waste Tire Hauler Surety Bond Application Process.
Note     •     History

(a) The initial application shall be accompanied by an original surety bond in the amount of $10,000 on behalf of the business owner in favor of the State of California (“surety bond”). The surety bond shall be completed by the insurance agent or bonding agent on form CIWMB 61. The surety bond shall be issued in the business name of the business owner as it appears on the application for registration as a waste tire hauler. The surety bond must be signed by a representative of the applicant.
(b) The surety bond shall remain in full force and effect during all registration periods. Failure to maintain an adequate bond pursuant to Public Resources Code Section 42955(d), shall result in automatic cancellation of the waste tire hauler registration. The cancelled registration may be reinstated by the Department when a new surety bond is posted.
(c) The surety company shall be licensed by the California Department of Insurance to transact the business of surety bonding in the State of California as an admitted insurance carrier.
(d) If coverage is not available as specified in Subsection (c) above, the waste tire hauler may seek coverage by a surety which, at a minimum, shall be eligible to provide surety bonds as an excess or surplus lines surety in California.
(e) If coverage is obtained as described in Subsection (d), the surety shall be transacted by and through a surplus line broker currently licensed under the regulations of the California Department of Insurance and upon the terms and conditions prescribed in the California Insurance Code (CIC), Division 1, Part 2, Chapter 6.
(f) The Department or its designee may reasonably object to the use of any surety at anytime, whether before or after placement of coverage based on information obtained from, but not limited to, the Surplus Line Association of California, Best's Insurance Reports, and/or the Non-Admitted Insurers Quarterly List.
(g) The surety company shall become liable under the terms of the bond if the Department determines that the waste tire hauler has failed to comply with the provisions of Public Resources Code Section 42950 et. seq. or these regulations. The registered waste tire hauler is jointly and severally liable for the bond amount and any penalties, clean-up costs, or judgments resulting from hauling activities in violation of the Public Resources Code that exceed the bond amount.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955 and 42958, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including repealer and new section heading, movement of former section text to section 18456(a), renumbering and amendment of former section 18456.2(b) and (c) to section 18456.1 (a) and (b), renumbering and amendment of former section 18456.4 (a) through (f) to section 18456.1 (c) through (h) and amendment of Note transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Amendment filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18456.2. Waste Tire Hauler Registration Process.
Note     •     History

(a) The Department shall inform an applicant in writing within 30 days from the date of receipt that the application is any of the following:
(1) incomplete and what specific information is required to complete the application;
(2) complete and approved with registration documents and vehicle decals;
(3) denied and the reason(s) for denial pursuant to the Public Resources Code Section 42960.
(b) Upon approval of the initial or renewal application, the Department will provide proof of registration in the form of decals and registration cards to the waste tire hauler. The Department will issue a waste tire hauler registration card and decal for each vehicle identified in the application. The registration card shall be carried in the corresponding vehicle. The decal shall be permanently affixed to the common passenger side, inside lower right hand corner of the windshield before hauling tires for that calendar year.
(c) Registration cards and decals are not transferable from vehicle to vehicle. They shall be present in the vehicle to which they were issued.
(d) All drivers of registered used or waste tire hauler vehicles shall maintain a valid driver's license. The use of unlicensed drivers is grounds for discipline against the used or waste tire hauler registration. 
(e) All registered used or waste tire hauler vehicles shall maintain a current Department of Motor Vehicles registration. The use of a motor vehicle that does not have a valid motor vehicles registration is grounds for discipline against the used or waste tire hauler registration. 
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956, 42958 and 42961, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Change without regulatory effect  amending subsections (a) and (b) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
6. Certificate of Compliance as to 1-18-95 order including repealer and new section heading, renumbering of former subsections (a) through (a)(i) to section 18456(c) through (c)(9), renumbering of former subsections (b) and (c) to section 18456.1(a) and (b), renumbering and amendment of former section 18456.6 to section 18456.2, new subsections (d) and (e) and amendment of Note transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
7. Amendment of section heading and section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
8. Amendment of section and Note filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18456.2.1. Retreader Self-Certification Process. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42958, 42960 and 42961, Public Resources Code.
HISTORY

1. New section filed 8-23-2004 as an emergency; operative 8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-21-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-22-2004 as an emergency; operative 12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2005, No. 17).
4. New section filed 4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (f) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-25-2005 order transmitted to OAL 8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
7. Amendment of subsection (f) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (f) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
10. Repealer filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18456.3. Changes in Information Provided or Lost Registration Documents.
Note     •     History

(a) The waste tire hauler shall file a supplemental application to add or remove vehicle(s) on form CalRecycle 60. The application shall be filed and approved by the Department before a vehicle is allowed to haul used or waste tires.
(b) The Department shall inform the applicant in writing within 30 days that the application for an added vehicle is any of the following:
(1) incomplete and what specific information is required to complete the application;
(2) complete with registration document(s) and vehicle decal(s).
(3) denied and the reason(s) for denial.
(c) In the event of a change in ownership of the waste tire hauler business:
(1) The owner shall notify the Department in writing 45 days prior to the change in ownership.
(2) The new owner shall apply for and obtain a waste tire hauler registration in accordance with Section 18454.
(3) The new owner may begin hauling used or waste tires when he/she has received the registration documents and vehicle decal(s) from the Department.
(4) The Department will process the change in ownership in accordance with Section 18456.2.
(5) Registrations are nontransferable.
(d) Every registered waste tire hauler shall notify the Department on a form CalRecycle 60 of any change in the business name, business owner, facility address, mailing address, phone number, or vehicle ownership. Notice shall be given no more than ten (10) days after the change. 
(e) The registered waste tire hauler shall submit a renewal application for any vehicle(s) for which decal(s) or registration(s) documents were lost. The Department will process the application as a renewal application under Section 18455.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including repealer and new section heading, renumbering and amendment of former sections 18456.9, 18456.10, 18456.11, 18456.12 and 18456.13 to section 18456.3 and amendment of Note transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading and section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Change without regulatory effect amending subsection (d) filed 4-11-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 15).
8. Amendment filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18456.4. Temporary Registration of Alternate Vehicles.
Note     •     History

(a) Upon request, the Department may issue a single temporary registration certificate, specifically assigned to that registered waste tire hauler, once the Department has deemed a new waste tire hauler application complete or at the time of the yearly renewal. This certificate, for the use of a temporary vehicle, shall bear the hauler's company name, address, registration number, unique decal number, and the year the certificate is valid.
(b) The certificate shall be shown upon demand to any representative of the Department, any officer of the California Highway Patrol, any peace officer, as defined in Sections 830.1 or 830.2 of the California Penal Code, or any local public officer designated by the Department.
(c) The registered waste tire hauler shall notify the Department in writing within two (2) calendar days of when the temporary registration certificate is used by completing and submitting form CalRecycle 682 “Notification of Use of Temporary Registration Certificate”, which is attached hereto as Appendix A (CalRecycle 682, 1/08) and incorporated by reference herein.
(d) Upon request by the Department or the Local Enforcement Agency, the hauler must immediately surrender the certificate by mail, or by hand-delivery, to Department staff or Local Enforcement Agency staff, if the Department's Tire Hauler Compliance Program determines that the temporary registration certificate was misused. 
(1) The temporary registration certificate holder may file a written appeal to the Director within 15 days of receipt of a determination. The Director will issue a decision within 30 days of the appeal and the Decision will be mailed by certified or registered mail. The Director may delegate his or her duties under this section to any employee of the Department. 
(2) Misuse of the temporary registration certificate is defined as failure to inform CalRecycle within 48 hours after using the temporary registration certificate, transferring or allowing the use of the temporary registration certificate by any other person not included in the registration holder's vehicle list, or the use of the temporary registration certificate after its expiration date. 
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code.
HISTORY

1. New section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22). For prior history, see Register 96, No. 19.
2. Amendment of subsection (a) filed 7-21-2004; operative 7-21-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 30).
3. Amendment filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18456.6. What will the Board do with the Initial Waste Tire Hauler Registration Application Once it is Submitted for Review? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42958, 42959 and 42961, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18456.6 to section 18456.2 transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18456.7. What will the board do with the Waste Tire Hauler Registration Renewal Application Once it is Submitted for Review? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42958, 42959 and 42961, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section  transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18456.8. When the Waste Tire Hauler Registration Application is Approved, What Documents Will be Provided to Me? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section  transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18456.9. If an Applicant Wishes to Obtain Registration for an Additional Vehicle, Does a New Application Need to be Submitted? [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956, 42958, 42959 and 42961, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Change without regulatory effect  amending first paragraph filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
6. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18456.9 to section 18456.3 (a) through (c) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18456.10. If a Registered Vehicle has been Sold or is no Longer Used for Waste Tire Hauling, Must I Inform the Board? [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956, 42958, 42959 and 42961, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Change without regulatory effect  amending section filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
6. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18456.10 to section 18456.3 (d) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18456.11. How Do I Notify the Board of a Change in Business Ownership? [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956, 42958, 42959 and 42961, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Change without regulatory effect  amending subsections (b) and (c) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
6. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18456.11 to section 18456.3 (e) through (e)(6) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18456.12. Do I Need to Notify the Board if I Change my Address? [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956, 42958, 42959 and 42961, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18456.12 to section 18456.3(f) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18456.13. What If I Lose the Decal(s) or Registration(s)? [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18456.13 to section 18456.3(g) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18457. Waste Tire Hauler Registration Denial, Suspension, and Revocation.
Note     •     History

(a) The Department may deny, suspend, or revoke a waste tire hauler registration for the following grounds:
(1) Failure to maintain a surety bond as required by Section 18455, and for the reasons stated in Public Resources Code Section 42960.
(2) Failure to pay a civil or administrative penalty imposed by the Department in accordance with the terms of the Department's Decision for a violation of Chapter 16 of Part 3 of Division 30 (waste tire storage laws) or Chapter 19 of Part 3 of Division 30 of the Public Resources Code (used and waste tire hauler laws) or this Chapter 6 of Title 14 of the California Code of Regulations. 
(3) The hauler has violated federal, state, or local laws as determined in a final decision by the federal, state, or local agency responsible for enforcing those laws, and the violation(s) is related to health, safety, or environmental concerns of the violator's waste tire hauler business. 
(b) The Department may deny, suspend, or revoke a waste tire hauler registration pursuant to Public Resources Code Section 42960. The Department may deny an application of a new or renewed waste tire hauler registration by issuing a statement of issues in accordance with Government Code Section 11504. The denial is effective upon issuance of the statement of issues by the Department and can be overturned upon a decision by the Department. 
(c) Upon suspension or revocation of the waste tire hauler registration, the waste tire hauler shall immediately return the decal(s) and registration card(s) to the Department.
(d) The waste tire hauler shall not transport used or waste tires, nor own, operate, or be an officer of a waste tire hauling business entity or corporation during the period of suspension or revocation. Any hauling of used and waste tires during the period of suspension or revocation will be a cause for denial, suspension, or revocation of the registration, and may subject the waste tire hauler to civil penalties pursuant to this chapter, and/or criminal penalties pursuant to the California Vehicle Code Section 31560.
(e) During the period of time for which a waste tire hauler's registration has been denied, suspended or revoked, neither the waste tire hauler, nor the waste tire hauler's vehicles, may be added to another waste tire hauler's registration. In addition, if the denial, suspension or revocation was the result of a particular driver'(s) actions, neither that driver, nor the driver's vehicles, may be added to another waste tire hauler's registration.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42960 and 42961, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section heading, repealer of section, renumbering and amendment of former section 18457.1 to section 18457 and amendment of Note transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading, section and Note filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. New subsection (e) filed 7-21-2004; operative 7-21-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 30).
8. Editorial correction deleting erroneously added Histories 8-10 (Register 2007, No. 5).
9. Amendment filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18457.1. Waste Tire Hauler Registration Suspension. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42959, 42960 and 42961, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section heading, renumbering of former section 18457.1 to section 18457, renumbering of former section 18458 to section 18458.1 with amendment of section heading and subsection (b) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Repealer filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
§18458. Request for Hearing of Denial, Suspension, or Revocation of Waste Tire Hauler Registration.
Note     •     History

(a) If the Board refuses to issue or renew (denies) a registration, or suspends, or revokes a waste tire hauler registration pursuant to Public Resources Code Section 42960, the waste tire hauler may appeal that decision and request a hearing in accordance with Government Code Sections 11505 to 11519. The request for a hearing must be in writing and received by the CIWMB Legal Office at P.O. Box 4025, Sacramento, CA 95812, within 30 days after receipt of the denial, suspension, or revocation. The Board shall consider the original application, the reasons for denial, and any additional relevant information presented by the applicant. This decision shall be the final decision by the Board.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42960 and 42961, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18458 to section 18457.1, renumbering of former section 18458.1 to section 18458 with amendment of section heading and subsection (a) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading and subsection (a), repealer of subsections (b) and (c) and amendment of Note filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
§18458.1. What Steps Can I Take for Board Reconsideration of my Waste Tire Hauler Application? [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42959, 42960 and 42961, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18458.1 to section 18458, transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18459. Waste Tire Manifest System Requirements.
Note     •     History

(a) The Department will provide blank CalRecycle 203 forms at the time of initial or renewed waste tire hauler registration. These forms will be provided at no cost. Additional forms may be obtained from the Department by request. 
(1) In lieu of the first paragraph of Subsection (a), if approved on an individual basis by the Department pursuant to Public Resources Code Section 42961.5, any person that is subject to the CTL Form requirements of this section, may substitute their own functionally equivalent EDT form, once approved by the Department, in lieu of the Department required form and submit an electronic report within ninety (90) days of the load shipment to the Department. The hauler shall provide a copy of their Department approved form to the generator or end-use facility for every used or waste tire transaction.
(b) The Manifest Form shall be completed and signed under penalty of perjury by the appropriate representative, and accompany each shipment of used or waste tires from the point of origin to the facility.
(c) The following persons and entities shall comply with the Waste Tire Manifest System:
(1) used or waste tire hauler when hauling any amount of used or waste tires at any one time with a registered vehicle;
(2) used or waste tire generator;
(3) Federal, State, and local governments when hauling 10 or more used or waste tires at any one time;
(4) person hauling 10 or more used or waste tires at any one time for agricultural purposes;
(5) exempted common carrier when hauling 10 or more used or waste tires at any one time; 
(6) a facility when accepting 10 or more used or waste tires at any one time; 
(7) any person not included in Section 18459(c)(1) through (6) who gives, contracts, or arranges to have 10 or more used or waste tires transported;
(8) any person not included in Section 18459(c)(1) through (6) who accepts 10 or more used or waste tires;
(9) Retreader when hauling any amount of used or waste tires at any one time with a registered vehicle. 
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42954, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section heading filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section heading refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section heading refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section heading refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Editorial Correction of History Notes 1 through 4 (Register 96, No. 19.)
6. Certificate of Compliance as to 1-18-95 order including renumbering and amendment of former section 18459.1 to new section 18459(a) through (a)(3) and former section 18459.2 to new section 18459(b) through (b)(8) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
7. Amendment of section heading and section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
8. Amendment of subsections (a) and (b) and new subsection (c)(9) filed 8-23-2004 as an emergency; operative 8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-21-2004 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsections (a) and (b) and new subsection (c)(9) refiled 12-22-2004 as an emergency; operative 12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed prior to 12-22-2004 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 17).
11. Amendment of subsections (a) and (b) and new subsection (c)(9) filed 4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsection (a), new subsections (a)(1) and (a)(2), subsection renumbering and amendment of subsections (b) and (c)(2) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 4-25-2005 order transmitted to OAL 8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
14. Amendment of subsection (a), new subsections (a)(1) and (a)(2), subsection renumbering and amendment of subsections (b) and (c)(2) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
15. Amendment of subsection (a), new subsections (a)(1) and (a)(2), subsection renumbering and amendment of subsections (b) and (c)(2) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 2-9-2006 order, including amendment of subsection (a)(2) and Note, transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
17. Amendment filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18459.1. Tire Program Identification Number.
Note     •     History

(a) On or after July 1, 2003, every waste tire generator shall apply for and obtain a CalRecycle assigned Tire Program Identification Number for each location from which used or waste tires are generated and transported from. Each separate business location shall be assigned a unique site specific Tire Program Identification Number. The Department shall issue a Tire Program Identification Number certificate for each location, which shall be posted by the operator in a conspicuous place. 
(b) On or after July 1, 2003, every end-use facility shall apply for and obtain a CalRecycle issued Tire Program Identification Number for each location where used or waste tires are accepted. Each separate business location shall be assigned a unique site specific Tire Program Identification Number.
(c) Every waste tire hauler shall be assigned a CalRecycle issued Tire Program Identification Number, if not already assigned, at the time of registration.
(d) Every waste tire generator, or end-use facility shall submit written notification to the Department upon any change of business operator or owner, business name, business address, or mailing address within 10 days of the change.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18459.1 to new section 18459(a) through (a)(3), and renumbering and amendment of former section heading and section 18459.3 to section 19459.1 transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading and repealer and new section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Amendment of subsection (d) filed 7-21-2004; operative 7-21-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 30).
8. Amendment of subsection (d) filed 8-23-2004 as an emergency; operative 8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-21-2004 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (d) refiled 12-22-2004 as an emergency; operative 12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed prior to 12-22-2004 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 17).
11. Amendment of subsection (d) filed 4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsections (a) and (e) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 4-25-2005 order transmitted to OAL 8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
14. Amendment of subsections (a) and (e) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
15. Amendment of subsections (a) and (e) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
16. Editorial correction restoring inadvertently omitted text to subsection (d) (Register 2006, No. 9).
17. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
18. Amendment filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18459.1.2. Electronic Data Transfer and Web-Based Data Entry Requirements.
Note     •     History

(a) Pursuant to Public Resources Code Section 42961.5, any person may submit electronic reports to the Department in lieu of the required Comprehensive Trip Log requirements with the following provisions:
(1) The business entity shall complete and sign the application for the Electronic Data Transfer/Web Based Data Entry Program.
(2) The business shall be in good standing with the Department and have no final administrative, civil, or criminal actions taken by the Department or its representatives for violations of Chapter 3, Article 5.5 or Chapter 6 of these regulations.
(3) The waste tire generator, waste tire hauler, or end-use facility must demonstrate that they have sufficient technical competency to process and transmit the required information electronically.
(4) The Business entity may use their own functionally equivalent form, once approved by the Department, in lieu of the Department required form.
(b) The Department may at any time terminate the businesses' eligibility to use electronic reporting based on violations of (a) or (c).
(c) Any falsification, misrepresentation, or omission of a fact to the Department, or its representative in the application for the Electronic Data Transfer/Web Based Data Entry Program or the electronic transmission of manifest information may be cause to terminate the business' eligibility to participate in either the Electronic Data Transfer or Web-Based Data Entry Programs.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-9-2006 order, including amendment of subsection (a)(4), transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
5. Amendment filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18459.2. Waste Tire Hauler Manifest Form Signature Requirements. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18459.2 to new section 18459(b) through (b)(8), and renumbering and amendment of former section heading and section 18459.4 to section 18459.2 transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Repealer filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
§18459.2.1. Submittal of the Manifest Form to the Department.
Note     •     History

As provided in this section, the Manifest Form as defined in Section 18450 of this Article shall be submitted to the Department by the waste tire hauler.
(a) The waste tire hauler shall submit the completed original CTL Form to the Department within ninety (90) days of the load shipment. The Manifest Form shall be in the waste tire hauler's possession while transporting used or waste tires and shall be shown upon demand to any representative of the Department, any officer of the California Highway Patrol, any peace officer, as defined in Sections 830.1 or 830.2 of the California Penal Code, or any local public officer designated by the Department.
(b) If approved by the Department pursuant to Public Resources Code Section 42961.5, any person that is subject to the requirements set forth in above (a) may substitute their own functionally equivalent EDT form, once approved by the Department, in lieu of the Department required form and submit an electronic report within ninety (90) days of the load shipment to the Department, in lieu of submitting the required paper form pursuant to Section 18459.1.2. The electronic report shall include all information required to be on the CTL Form.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
2. Amendment of section heading, new subsections (b)-(b)(1) and subsection relettering filed 8-23-2004 as an emergency; operative 8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-21-2004 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section heading, new subsections (b)-(b)(1) and subsection relettering refiled 12-22-2004 as an emergency; operative 12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 12-22-2004 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 17).
5. Amendment of section heading, new subsections (b)-(b)(1) and subsection relettering filed 4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section heading and section filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 4-25-2005 order transmitted to OAL 8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
8. Amendment of section heading and section refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
9. Amendment of section heading and section refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 2-9-2006 order, including amendment of subsection (d), transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
11. Amendment of section heading and section filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18459.3. Maintenance of Manifest Forms.
Note     •     History

(a) The waste tire generator, and end-use facility shall retain a copy of the completed Manifest Form at their place of business. Manifest Forms shall also be retained for three (3) years. These records shall be made available to any authorized representative of the Department upon request.
(b) The waste tire hauler shall retain a copy of the completed Manifest Form at their place of business for a period of three (3) years. These records shall be made available to any authorized representative of the Department upon request.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Change without regulatory effect amending first paragraph filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
6. Certificate of Compliance as to 1-18-95 order including renumbering of former section heading and section 18459.3 to section 18459.1, and renumbering and amendment of former section heading and section 18459.5 to section 18459.3 transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
7. Amendment of section heading and repealer and new section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
8. New subsections (a)(1) and (b)(1) filed 8-23-2004 as an emergency; operative 8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-21-2004 or emergency language will be repealed by operation of law on the following day.
9. New subsections (a)(1) and (b)(1) refiled 12-22-2004 as an emergency; operative 12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed prior to 12-22-2004 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 17).
11. New subsections (a)(1) and (b)(1) filed 4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emergency language will be repealed by operation of law on the following day.
12. Amendment of section heading and subsections (a)-(b) and new subsection (c) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 4-25-2005 order transmitted to OAL 8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
14. Amendment of section heading and subsections (a)-(b) and new subsection (c) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
15. Amendment of section heading and subsections (a)-(b) and new subsection (c) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
17. Amendment of section heading and section filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18459.4. Who Signs the Manifest? [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18459.4 to section 18459.2 transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18459.5. Who Receives Copies of the Manifest and When? [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18459.5 to section 18459.3 transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18459.6. Who Keeps Copies of the Manifest and for How Long? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Change without regulatory effect amending subparagraph (b) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
6. Certificate of Compliance as to 1-18-95 order including repealer of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18459.7. Where Do I Get Waste Tire Hauler Manifest Forms CIWMB-62? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18460. Waste Tire Hauler Manifest System Requirements [Repealed].
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42954, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Repealer filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
§18460.1. Waste Tire Manifest System Requirements for Agricultural Uses Exemption.
Note     •     History

(a) As provided in Section18459(b), the agricultural exempt waste tire hauler shall not transport 10 or more used or waste tires without having a copy of the Manifest Form in the vehicle while transporting the used or waste tires. The Manifest Form shall be shown upon demand to any representative of the Department, any officer of the California Highway Patrol, any peace officer, as defined in Sections 830.1 or 830.2 of the Penal Code, or any local public officer designated by the Department.
(b) The agricultural exempt waste tire hauler shall leave one copy of the Manifest Form with the waste tire generator, or end-use facility after the form has been completed with the required information.
(c) The agricultural exempt waste tire hauler shall submit the completed Manifest Form to the Department within ninety (90) days of the load shipment. The Manifest Form shall contain the signature of the agricultural exempt waste tire hauler representative.
(d) The agricultural exempt waste tire hauler may destroy the “hauler” copy of the Manifest Form upon reaching the end-use facility.
(e) The agricultural exempt waste tire hauler shall not haul used or waste tires to an end-use facility not legally authorized to accept used or waste tires.
(f) The agricultural exempt waste tire hauler shall contact the Department and provide the name of the company, name of the person, and phone number of a waste tire generator, or end-use facility who does not provide the required information to the agricultural exempt waste tire hauler so that the Manifest Form can be completed properly. 
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42954 and 42961.5, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section heading and subsection (b) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading and repealer and new section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Amendment of subsection (a) and amendment of Note filed 7-21-2004; operative 7-21-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 30).
8. Amendment of subsections (a)-(d) and (f) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsections (a)-(d) and (f) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsections (a)-(d) and (f) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
12. Amendment filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18460.1.1. Waste Tire Manifest System Requirements for Common Carrier Exemption.
Note     •     History

(a) As provided in Section18459(b), the common carrier approved for exemption pursuant to Public Resource Code Section 42954 shall not transport 10 or more used or waste tires without having a copy of the Manifest Form in the vehicle while transporting the used or waste tires. 
(b) The exempt common carrier shall leave one copy of the Manifest Form with the waste tire generator, or end-use facility after the form has been completed with the required information. The common carrier is required to have in their possession a completed Manifest Form while transporting 10 or more used or waste tires. The Manifest Form may be kept with the trailer, as defined in Section 630 of the Vehicle Code, if the Manifest Form is readily accessible to the driver, any representative of the Department, any officer of the California Highway Patrol, any peace officer, as defined in Sections 830.1 or 830.2 of the Penal Code, or any local public officer designated by the Department. 
(c) In lieu of Subsection (b), the waste tire generator is authorized by the Department to complete the Manifest Form in advance, including the end-use facility destination information on behalf of the exempt common carrier. This transport process may commonly occur at ports. The waste tire generator shall retain the generator portion of the Manifest Form for their records, submit the CalRecycle copy to the Department within 90 days of the initial shipment, and give the end use facility portion of the manifest and the hauler portion of the manifest to the exempt common carrier prior to shipment of the tires to the end-use facility. The common carrier shall retain their portion of the completed Manifest Form for their records. 
(1) The exempt common carrier will have the end-use facility and hauler portions of the Manifest Form in their possession until reaching the final destination. 
(2) This process does not alleviate the exempt common carrier of their responsibility to follow the manifesting requirements of this Chapter should the generator fail to follow the process outlined in this subsection. 
(d) The waste tire generator shall not contract with the exempt common carrier to transport used or waste tires to an end-use facility not legally authorized to accept used or waste tires. 
(e) The exempt common carrier shall not transport used or waste tires to an end-use facility not legally authorized to accept used or waste tires.
(f) Except as provided in Subsection (c), the common carrier shall submit the completed original Manifest Form to the Department within ninety (90) days of the load shipment. The Manifest Form shall contain the signature of the common carrier representative. 
(g) The common carrier shall contact the Department and provide the name of the company, name of the person, and phone number of a waste tire generator, or end-use facility that does not provide the required information to the exempt common carrier so that the Manifest Form can be completed properly. 
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42954 and 42961.5, Public Resources Code.
HISTORY

1. New section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
2. Amendment of subsection (a) and amendment of Note filed 7-21-2004; operative 7-21-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 30).
3. Amendment of subsections (a)-(e) and (g) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a)-(e) and (g) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (a)-(e) and (g) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
7. Amendment filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18460.2. Waste Tire Manifest System Requirements for Waste Tire Haulers.
Note     •     History

(a) The registered waste tire hauler shall show the used or waste tire generator or end use facility the waste tire hauler registration for the vehicle being used to transport used or waste tires, if requested.
(b) The registered waste tire hauler shall complete a new Manifest Form for each pick-up or delivery of any used or waste tires in accordance with the directions on the form. The waste tire hauler shall not transport any used or waste tires without having a copy of the Manifest Form in the vehicle transporting the used or waste tires.
(c) A vehicle may contain used or waste tires from different used or waste tire generators. Used or waste tires from each  generator shall be accompanied by their own Manifest Form from the point of origin.
(d) The waste tire hauler shall leave one copy of the Manifest Form with the used or waste tire generator, or end-use facility after the form or receipt has been completed.
(e) The waste tire hauler shall keep one copy of the completed Manifest Form.
(f) The waste tire hauler shall not haul used or waste tires to an end-use facility not legally authorized to accept used or waste tires.
(g) The waste tire hauler shall contact the Department and provide the name of the company, name of the person, and phone number of the waste tire generator, or end-use facility who does not provide the necessary information to the hauler so that the Manifest Form can be completed properly. 
(h) The waste tire hauler shall not transport the used or waste tires without a properly completed Manifest Form.
(i) Those used and waste tire haulers exempt from registration pursuant to Public Resources Code section 42954 shall be required to comply with the manifest requirements of Subsections (b) through (h) if they haul 10 or more used or waste tires, but will not be allowed to participate in the electronic reporting as provided in Subsection (j).
(j) As provided in Section 18459(a)(1), the registered waste tire hauler may substitute their own functionally equivalent form, once approved by the Department, and substitute an electronic report for the Comprehensive Trip Log. 
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42954, 42956 and 42961.5, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section heading and subsections (b) and (c), new subsections (d) through (e)(5), subsection relettering, amendment of newly designated subsections (f) through (j), renumbering and amendment of former section 18460.3 to section 18460.2(k) through (l) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Amendment of section heading and subsection (b), new subsections (i)-(i)(1) and amendment of Note filed 7-21-2004; operative 7-21-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 30).
8. Amendment of subsections (a)-(i) and repealer of subsection (i)(1) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsections (a)-(i) and repealer of subsection (i)(1) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsections (a)-(i) and repealer of subsection (i)(1) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 2-9-2006 order, including amendment of subsection (b)(1), transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
12. Amendment filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18460.2.1. Waste Tire Manifest System Requirements for Retreaders. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 8-23-2004 as an emergency; operative 8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-21-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-22-2004 as an emergency; operative 12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2005, No. 17).
4. New section filed 4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (b)-(e) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-25-2005 order transmitted to OAL 8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
7. Amendment of subsections (b)-(e) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsections (b)-(e) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of subsection (c) (Register 2006, No. 28).
10. Certificate of Compliance as to 2-9-2006 order, including further amendment of subsection (f), transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
11. Repealer filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18460.3. What if the Tire Dealer/Waste Tire Generator Does Not Properly Complete the Manifest Form? [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18460.3 to section 18460.2(k) through (l) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18460.4. What are Legally Authorized Waste Tire Sites? [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18461. Manifest System Requirements for Waste Tire End-Use Facilities.
Note     •     History

The Waste Tire Manifest System requires specific actions on the part of end-use facilities including, but not limited to, the following.
(a) As provided in Section 18459.3(a), an end-use facility shall retain a copy of the Manifest Form provided by the registered hauler.
(b) The end-use facility may accept the used or waste tires from waste tire hauler(s) who are not registered with the Department and/or have no manifest as provided below:
(1) If used or waste tires are received from a registered hauler that does not have a Manifest Form, the end use facility shall complete the Unregistered Hauler & Comprehensive Trip Log Substitution Form (CalRecycle 204) within 48 hours of the tire delivery and submit the CalRecycle 204 form to the Department within 90 days.
(2) The end-use facility shall complete the CalRecycle 204 and submit it to the Department within 30 days of the acceptance of 10 or more used or waste tires from a person who is not registered as a waste tire hauler unless that person has written authorization by the Local Enforcement Agency for purposes of an Amnesty Day Event or a One Time Exemption and is transporting no more than 20 used or waste tires to the end-use facility. 
(3) If the person is hauling more than 20 used or waste tires under the written authorization of a Local Enforcement Agency for purposes of an Amnesty Day Event or a One Time Exemption, the end-use facility shall report this information on the CalRecycle 204 and submit the form to the Department within 30 days of the acceptance of used or waste tires from that person.
(c) End-use facility operators shall make available for review by the waste tire hauler any Department issued permit, exemption from waste tire facility permitting requirements, or any local permit or license allowing the storage of used or waste tires on the site.
(d) If the End-use facility completes and submits a CalRecycle 204 under the requirements of this section, the End-use facility operator shall retain a copy of the completed CalRecycle 204 at the place of business for a period of 3 years and the form must be made available to the Department, or any representative of the CalRecycle, upon request. 
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section heading and section, renumbering and amendment of former section 18461.1 to section 18461(a) through (c) and former section 18461.2 to section 18461(d) through (g) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading and section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Amendment of subsection (c) and amendment of Note filed 7-21-2004; operative 7-21-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 30).
8. New subsection (a)(1) filed 8-23-2004 as an emergency; operative 8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-21-2004 or emergency language will be repealed by operation of law on the following day.
9. New subsection (a)(1) refiled 12-22-2004 as an emergency; operative 12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed prior to 12-22-2004 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 17).
11. New subsection (a)(1) filed 4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emergency language will be repealed by operation of law on the following day.
12. Amendment filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 4-25-2005 order transmitted to OAL 8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
14. Amendment refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
15. Amendment refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 2-9-2006 order, including amendment of subsection (b), transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
17. Amendment of section and Note filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18461.1. My Site Accepts Waste Tires. What Shall I do as the Operator of a Destination Facility if a Waste Tire Hauler Who is Not Registered With the Board and/or Has No Manifest Delivers Waste Tires to My Site? [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18461.1 to section 18461(a) through (c) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18461.2. How Can I Demonstrate That My Facility is Authorized to Accept Waste Tires? [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18461.2 to section 18461(d) through (g) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18462. Manifest System Requirements for Waste Tire Generators.
Note     •     History

(a) A waste tire generator shall not give, contract, or arrange with another person to transport used or waste tires unless that person is a registered waste tire hauler or is exempt under Public Resources Code Section 42954. 
(b) As provided in Section 18459.3(a), a waste tire generator shall retain a Department approved EDT form or completed CTL Form provided by the used or waste tire hauler at their place of business for 3 years.
(c) If used or waste tires are removed from the generator's location by a registered waste tire hauler and a completed Manifest Form is not provided, the generator shall complete a CalRecycle 204 form within 48 hours of the tire removal and submit the CalRecycle 204 form to the Department within 90 days.
NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42954, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section heading and section, renumbering and amendment of former section 18462.1 to section 18462(a) through (b) and former section 18462.2 to 18462(c) through (d) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading and section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. New subsection (b)(1) filed 8-23-2004 as an emergency; operative 8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-21-2004 or emergency language will be repealed by operation of law on the following day.
8. New subsection (b)(1) refiled 12-22-2004 as an emergency; operative 12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 12-22-2004 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 17).
10. New subsection (b)(1) filed 4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emergency language will be repealed by operation of law on the following day.
11. Amendment of section heading and section filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 4-25-2005 order transmitted to OAL 8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
13. Amendment of section heading and section refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
14. Amendment of section heading and section refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 2-9-2006 order, including amendment of Note, transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
16. Repealer of subsection (a)(1) and amendment of subsections (b) and (c) filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18462.1. Can I Give Tires to a Person Wanting to Haul my Waste Tires but Who Doesn't Have a Registration or is Not Exempt From the Registration? [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18462.1 to section 18462(a) through (b) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18462.2. Do I need to Know the Destination Site or Collection Facility for the Waste Tires? [Renumbered]
Note     •     History

NOTE

Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency language will be repealed by operation of law on the following day.
5. Change without regulatory effect moving forms to section 18831, appendix A  filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
6. Certificate of Compliance as to 1-18-95 order including renumbering of former section 18462.2 to section 18462(c) through (d) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§18463. Civil Penalties.
Note     •     History

Any waste tire generator, end-use facility, or waste tire hauler or any party or person who commits any of the following acts shall be liable for a civil penalty:
(a) Intentionally, or negligently violates any permit, rule, regulation, standard, or requirement pursuant to Chapter 19 of the Public Resources Code relating to the generation, transportation or disposal of used or waste tires.
(b) The aiding or abetting, or allowing of any violation, or noncompliance with any permit, rule, regulation, standard, or requirement pursuant to Chapter 19 of the Public Resource Code relating to the generation, transportation or disposal of used or waste tires.
(c) Any violation of, or noncompliance with any order issued by the Department or by a hearing officer or a court relating to the generation, transportation or disposal of used or waste tires.
(d) Any false statement, misrepresentation, or omission of a significant fact or other required information in the application for a waste tire hauler registration, Manifest Form, Unregistered Hauler & Comprehensive Trip Log Substitution Form, or in information regarding these matters subsequently reported to the Department.
(e) In addition to liability for a civil penalty, the Department may:
(1) File a claim against any registered waste tire hauler surety bond for activities resulting from the illegal disposal of tires or injury.
(2) Deny, suspend, or revoke a waste tire hauler registration.
NOTE

Authority cited: Sections 40502, 42962, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
HISTORY

1. New section filed 5-9-96; operative 5-9-96 (Register 96, No. 19).
2. Amendment filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
3. Amendment of subsection (d) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (d) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (d) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-9-2006 order, including amendment of subsection (d), transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
7. Amendment of subsections (b)-(e) and Note filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18464. Amount of Civil Penalties and Administrative Penalty Schedule.
Note     •     History

(a) Civil penalties may be imposed administratively in accordance with the following penalty tables:
(1) For used and waste tire haulers, tire generators, and end-use facilities, using Penalty Table I;
(A) Determine what violations have occurred.
(B) Determine the number of  violations or offenses that have occurred.
(C) Add up the penalties to determine the applicable fine.

Penalty Table I: For Tire Haulers, Tire Generators, and End-Use Facilities

View Graphic
(2) For unregistered used and waste tire haulers, using Penalty Table II;
(A) Determine the number of violations or offenses.
(B) Find the number of tires hauled for each load.
(C) Determine whether any other violations listed in Table I have occurred and add that fine to the fine from Table II to determine the total fine.

Penalty Table II: Violation of Public Resources Code section 42951(a)

View Graphic
(b) For administrative hearings held pursuant to Public Resources Code Sections 42960 and 42962, a person waives the right to a hearing when that person fails to submit to the Department a Notice of Defense pursuant to Government Code Section 11506 or CalRecycle Request for Hearing form within 15 days of service of the administrative complaint on that person.
NOTE

Authority cited: Sections 40502, 42962, 42966 and 43020, Public Resources Code. Reference: Sections 42960 and 42962, Public Resources Code; and Section 11506, Government Code.
HISTORY

1. New section filed 5-9-96; operative 5-9-96 (Register 96, No. 19).
2. Amendment of section heading and new subsection (b) (including Penalty Tables I-II) filed 3-6-2003 as an emergency; operative 3-6-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-7-2003 or emergency language will be repealed by operation of law on the following day.
3. Repealer of subsection (a) and relettering of former subsection (b) to subsection (a) filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
4. Refiling of 3-6-2003 order, including further amendment of subsections (a)1. and (a)2. and amendment of Penalty Table I, 7-7-2003 as an emergency; operative 7-7-2003 (Register 2003, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.
5. Refiling of 7-7-2003 order 11-3-2003 as an emergency; operative 11-3-2003 (Register 2003, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-2-2004 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction of subsection (a)1. (Register 2004, No. 10).
7. Refiling of 11-3-2003 order 3-2-2004 as an emergency, including further amendment of subsection (a)(1); operative 3-2-2004 (Register 2004, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-30-2004 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 3-2-2004 order transmitted to OAL 6-15-2004 and filed 7-21-2004 (Register 2004, No. 30).
9. Amendment filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
10. Amendment refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
11. Amendment refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 2-9-2006 order, including new subsection (b) and amendment of Note, transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
13. Amendment of sections and Note filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
§18465. Criteria to Impose a Civil Penalty.
Note     •     History

In assessing the amount of civil penalty, factors to be considered shall include, but are not limited to, the following:
(1) The nature, circumstances, extent, and gravity of the violation.
(2) Evidence that the violation was willful or negligent.
(3) The good or bad faith exhibited by the party.
(4) History of violation of the same or similar nature.
(5) The extent to which the party has cooperated with the Board in remediating the violation.
(6) The extent that the party has mitigated or attempted to mitigate any damage or injury caused by his or her violation.
(7) Evidence of any financial gain resulting from the violation.
(8) Such other matters as justice may require.
NOTE

Authority cited: Sections 40502, 42962 and 43020, Public Resources Code. Reference: Section 42962, Public Resources Code.
HISTORY

1. New section filed 5-9-96; operative 5-9-96 (Register 96, No. 19).
2. Repealer of subsection (b) filed 3-6-2003 as an emergency; operative 3-6-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-7-2003 or emergency language will be repealed by operation of law on the following day.
3. Repealer of subsection (b) refiled 7-7-2003 as an emergency; operative 7-7-2003 (Register 2003, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.
4. Repealer of subsection (b) refiled 11-3-2003 as an emergency; operative 11-3-2003 (Register 2003, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-2-2004 or emergency language will be repealed by operation of law on the following day.
5. Refiling of 11-3-2003 order 3-2-2004 as an emergency, including further amendment of Note; operative 3-2-2004 (Register 2004, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-30-2004 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 3-2-2004 order, including repealer of subsection (a) designator, transmitted to OAL 6-15-2004 and filed 7-21-2004 (Register 2004, No. 30).
§18466. Procedure for Imposing Civil Penalties.
Note     •     History

(a) Civil penalties may be administratively imposed in accordance with the procedures outlined in the Administrative Procedure Act at Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code with the exception of Government Code Section 11505(c). 
(b) The accusation or complaint and all accompanying documents may be served on the respondent by the following means:
(1) Personal service. 
(2) Substitute service by using the same service procedures as described in Section 415.20 of the Code of Civil Procedure. 
(3) Certified Mail: For respondents who are registered waste or used tire haulers, certified mail or registered mail if the letter containing the accusation or complaint and accompanying material is mailed, addressed to the respondent at the latest facility or mailing address(es) provided in the current year's waste tire hauler registration application (form CalRecycle 60) on file with the Department. Any address provided on the current year's waste tire hauler registration application may be used for service of process against a waste or used tire hauler, even if that hauler's actions occur while in the role of a waste tire generator or waste tire end-use facility. Proof of service of the accusation or complaint shall be the certified mail receipts or registered mail receipts proving the accusation or complaint and accompanying materials were sent to respondent by certified mail or registered mail. For respondents who are unregistered used or waste tire haulers, generators and end use facilities that do not provide a current year's waste tire hauler registration application to the Department, certified mail or registered mail pursuant to the procedures indicated in the Administrative Procedure Act at Section 11505(c) of the Government Code applies. 
(c) Civil penalties may be imposed pursuant to the Public Resources Code Section 42962 in the discretion of the trier of fact in the civil proceeding.
NOTE

Authority cited: Sections 40502, 42962, 42966 and 43020, Public Resources Code. Reference: Section 11500, Government Code; and Section  42962, Public Resources Code.
HISTORY

1. New section filed 5-9-96; operative 5-9-96 (Register 96, No. 19).
2. Amendment of subsection (a) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-9-2006 order, including amendment of Note, transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
6. Amendment of sections and Note filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
Article 9. Financial Assurance Requirements for Closure of a  Major Waste Tire Facility
§18470. Scope and Applicability.
Note     •     History

(a) This Article requires operators of major waste tire facilities to demonstrate adequate financial ability to conduct closure activities.
(b) Operators of all major waste tire facilities, except state and federal operators, shall comply with the requirements of this Article upon application for issuance of a major waste tire facilities permit pursuant to Chapter 6, Article 1, section 18420.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of subsection (a) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18471. Definitions.
Note     •     History

(a) When used in this Article, the following terms shall have the meanings given below:
(1) “Current Closure Cost Estimate” means the most recent estimate prepared in accordance with Chapter 6, Article 6, section 18442.
(2) “Depository Trust Fund” means the fund established in conjunction with a surety bond or letter of credit and that meets the requirements of section 18474 of this Article.
(3) “Enterprise Fund” means a fund established to account for the financing of self-supporting activities of a government unit that renders services on a user-fee basis.
(4) “Government Securities” means financial obligations issued by a federal, state or local government, including general obligation bonds, revenue bonds, and certificates of participation.
(5) “Letter of Credit” means a contract by which the issuing institution promises to extend credit on behalf of an operator to the Board or its designee, on presentation of the mechanism in accordance with its terms.
(6) “Provider of financial assurance” means an entity, other than an operator, that provides financial assurance to an operator of a major waste tire facility, including but not limited to a trustee, an institution issuing a letter of credit, or a surety company.
(7) “Surety Bond” means a contract by which a surety company promises that, if the operator fails to perform required closure activities, the surety company will be liable for the operator's responsibilities as specified by the bond.
(8) “Trust fund” means a contract by which the operator transfers assets to a trustee to hold, on behalf of the Board or its designee, to pay closure costs.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of subsections (a)(1)-(2)  transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18472. Closure Cost Estimate Adjustments.
Note     •     History

(a) An operator shall increase the closure cost estimate when changes to the closure plan increase the cost of closure. 
(b) An operator may reduce the closure cost estimate when changes to the closure plan decrease the cost of closure. The request for reduction shall be submitted with an application for renewal or revision of the permit for approval by the Board or its designee.
(c) Each year, an operator shall submit to the Board or its designee, a report calculating the increase in the closure cost estimate due to the inflation factor for the previous calendar year.
The inflation factor is derived from the annual Implicit Price Deflator for Gross National Product as published annually by the U.S. Department of Commerce, in its Survey of Current Business. The inflation factor is the result of dividing the latest annual published deflator by the deflator for the previous year. The operator shall adjust the closure cost estimate for inflation within 60 days of the anniversary date of the establishment of the financial mechanism for closure costs. The operator shall increase the monetary amount of the financial mechanism based on this inflation factor.
(d) The mechanism(s) used to demonstrate financial responsibility shall be updated, no more than 60 days after a change in the amount of the current closure cost estimate covered by the mechanism(s).
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. 
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendment of section heading and text transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18473. Acceptable Mechanisms and Combination of Mechanisms.
Note     •     History

(a) Subject to the limitation of subsection (c) of this section, an operator shall use any one or any combination of the mechanisms specified which are defined in the following sections of this Article:
(1) Section 18474, Trust Fund
(2) Section 18475, Surety Bond
(3) Section 18476, Letter of Credit
(4) Section 18477, Government Securities
(5) Section 18478, Enterprise Fund
(6) Section 18478.5. State Approved Mechanism 
(b) If a combination of mechanisms are used, the operator shall designate one mechanism as “primary” and all others as “excess” coverage.
(c) If an operator uses a trust fund in combination with a surety bond or letter of credit, the trust fund may be used as the depository trust fund for the other mechanisms.
(d) An operator shall not combine a performance bond with any other mechanism(s).
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of subsection (a) and new subsection (a)(6) filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18474. Trust Fund.
Note     •     History

(a) An operator may establish a trust fund to meet the requirements of this Article. The trust agreement shall be submitted to the Board or its designee as an originally signed duplicate. The trustee shall be an entity which has the authority to act as a trustee, and whose trust operations are regulated and examined by a federal or state agency.
(b) The trust agreement shall be worded as specified by using form CIWMB 140 “Trust Agreement” (12/91) which is incorporated herein by reference; and also shall contain original signature of the grantor and the trustee. (See Appendix A.)
(c) The initial deposit to the trust fund shall be at least equal to the current closure cost estimate.
(d) If the value of the fund is at any time less than the amount of the current estimate, the operator shall either deposit an amount into the fund so that the value of the fund at least equals the amount of the current closure cost estimate, or obtain other financial assurance, as specified in this Article, to cover the difference.
(e) If at any time, the value of the trust fund plus the amount of coverage demonstrated by other mechanisms is greater than the closure cost estimate based on the maximum quantity of waste tires permitted for storage, the operator may request in writing that the Board or its designee authorize the release of the excess funds. After receiving such a request, the Board or its designee shall review the request and, if any excess funds are verified, shall instruct the trustee to release the funds.
(f) After the Board or its designee has approved final closure, an operator or any other person authorized by the Board to perform closure, may request reimbursement for closure expenditures by submitting to the Board for review, documentation of those expenditures, including but not limited to tire receipts. After receiving the documentation for closure activities, the Board or its designee shall determine whether the closure expenditures are in accordance with the closure plan or otherwise justified. After the Board or its designee has approved final closure, the Board or its designee shall instruct the trustee, in writing, to reimburse the fund to the grantor. 
(g) The Board or its designee shall agree to termination of the trust when:
(1) An operator substitutes alternate financial assurance as specified in section 18479 of this Article; or
(2) The Board or its designee releases the operator from the requirements of this Article in accordance with section 18482.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of subsection (b) and amendment of subsections (e) and (f)  transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect  amending subsection (b) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
10. Amendment of subsections (b)-(e) filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18475. Surety Bond.
Note     •     History

(a) An operator may establish a surety bond to meet the requirements of this Article. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on federal bonds in the most recent issuance of Circular 570 of the U.S. Department of the Treasury.
(b) The surety bond shall be worded as specified by using one of the following forms which are incorporated by reference;
(1) Form CIWMB 141 (1/92) “Performance Bond,” which is incorporated herein by reference, for a surety bond guaranteeing performance (See Appendix A.); or
(2) Form CIWMB 142 (1/92) “Financial Guarantee Bond”, which is incorporated herein by reference, for a surety bond guaranteeing payment. (See Appendix A.)
(c) An operator who uses a surety bond to satisfy the requirements of this Article, or the surety who issues the bond, shall also establish a depository trust fund which meets the requirements of section 18474 of this Article if:
(1) An operator fails to demonstrate alternate financial assurance within 60 days after receiving notice of cancellation of the mechanism;
(2) An operator fails to perform closure in accordance with the applicable approved closure plan and permit requirements when required to do so by the Board or its designee; or
(3) A surety fails to perform such activities on behalf of the operator. This applies to the performance bond only.
(d) Under the terms of the bond, all payments made from the bond shall be deposited by the surety directly into the depository trust fund.
(e) A surety company shall become liable under the terms of the bond, if the Board or its designee determines that the operator has failed to perform closure as guaranteed by the bond.
(f) Under the terms of the bond, a surety may cancel the bond by sending notice of cancellation by certified mail to the operator and the Board or its designee. Cancellation shall not take effect until 120 days after the date of receipt of the notice of cancellation by both the operator and the Board or its designee, as evidenced by the return receipts.
(g) An operator may cancel a bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization from the Board or its designee to terminate the bond.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendment   of  subsection (f)  transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect  amending subsections (b)(1)-(2) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
§18476. Letter of Credit.
Note     •     History

(a) An operator may establish a letter of credit to meet the requirements of this section. The issuing institution shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency.
(b) The letter of credit shall be worded as specified by using form CIWMB 143 “Irrevocable Letter of Credit for Closure Costs” (12/91) which is incorporated herein by reference. (See Appendix A.)
(c) The letter of credit shall be accompanied by a letter from the operator identifying the number, issuing institution, and date of issuance of the letter of credit; and the name, address, facility number, and amount of funds assured by the letter of credit for closure for each major waste tire facility.
(d) An operator who uses a letter of credit to satisfy the requirements of this Article or the issuing institution shall also establish a depository trust fund which meets the requirements of section 18474 of this Article if:
(1) An operator fails to demonstrate alternate financial assurance within 60 days after receiving notice of cancellation of the mechanism; or
(2) An operator fails to perform closure in accordance with the applicable approved closure plan and permit requirements when required to do so by the Board or its designee.
(e) Under the terms of the letter of credit, all payments made from the letter of credit shall be deposited by the financial institution issuing the letter of credit, directly into the depository trust fund.
(f) The letter of credit shall:
(1) Be irrevocable and issued for a period of at least one year; and
(2) Provide that the expiration date will be automatically extended for a period of at least one year unless, at least 120 days before the current expiration date, the issuing institution notifies both the operator and the Board or its designee by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days shall begin on the date when both the operator and the Board or its designee have received the notice, as evidenced by the return receipts.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of  law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of subsection (c), adoption of subsection (d), and relettering of former subsection (d) to (e), and relettering of former subsection (e) to (f)  transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect  amending subsection (b) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
§18477. Government Securities.
Note     •     History

(a) Government securities may be used to cover closure costs only for major waste tire facilities operated by government agencies.
(b) The terms of issuance of government securities shall specify that proceeds from the sale of the securities shall be deposited into a financial assurance mechanism that meets the requirements of Section 18478(d) of this Article.
(c) The securities shall have been issued and the proceeds deposited into the financial assurance mechanism that provides equivalent protection to a trust fund by meeting the following requirements:
(1) Proceeds from the sale of securities shall be used exclusively to pay for closure activities;
(2) The financial operations of the provider of the financial assurance are regulated by a federal or state agency, or the provider is otherwise certain to maintain and disburse the assured funds properly;
(3) If the provider of financial assurance has authority to invest revenue deposited into the mechanism, the provider shall exercise investment discretion similar to a trustee; and
(4) The mechanism meets other requirements that the Board determines are necessary to ensure that the assured funds shall be available in a timely manner.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer and adoption of subsections (a)-(c)  transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18478. Enterprise Fund.
Note     •     History

(a) The enterprise fund may be used to cover closure costs only for major waste tire facilities operated by government agencies.
(b) The enterprise fund shall dedicate its revenue exclusively or with exclusive first priority to financing closure activities.
(c) The enterprise fund shall be established and the documents shall be worded as specified by using form CIWMB 144 “Enterprise Fund for Financial Assurances” (3/92), which is incorporated herein by reference. (See Appendix A.) The wording, however, may be modified to accommodate special circumstances on a case-by-case basis, as approved by the Board or its designee.
(d) Revenue generated by an enterprise fund shall be deposited into a financial assurance mechanism which:
(1) Provides equivalent protection to a trust fund as described in section 18474 of this Article;
(2) Shall be funded within five years as described in Section 18474 of this Article;
(3) Is used exclusively to finance closure activities and shall remain inviolate against all other claims, including any claims by the operator, the operator's governing body, and the creditors of the operator and its governing body;
(4) Authorizes the Board or its designee to direct the provider of financial assurance to pay closure costs if the Board or its designee determines that the operator has failed to perform closure activities covered by the mechanism;
(5) Is maintained by a provider whose financial operations are regulated by a federal or state agency, or the provider is otherwise certain to maintain and disburse the assured funds properly;
(6) Is maintained by a provider who has authority to invest revenue deposited into the mechanism. 
(7) Meets other requirements that the Board determines are necessary to ensure that the assured amount of funds shall be available for closure activities in a timely manner.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect  amending subsection (c) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
§18478.5. State Approved Mechanism.
Note     •     History

(a) An operator may satisfy the requirements of this Chapter by obtaining any other mechanism that meets the following criteria, and that is approved by the Board. 
(1) The financial assurance mechanism(s) must ensure that the amount of funds assured is sufficient to cover the costs assured when needed; 
(2) The financial assurance mechanism(s) must ensure that funds will be available in a timely fashion when needed; 
(3) The financial assurance mechanism(s) must be obtained by the operator before the first waste is received at a new facility and before any other financial mechanism is cancelled at existing facilities. The financial mechanism must be maintained until the operator is released from the financial assurance requirements under this Chapter. 
(4) The financial assurance mechanism(s) must be legally valid, binding, and enforceable under California and Federal law. 
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Sections 40502 and 42821, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18479. Substitution of Mechanisms by Operator.
Note     •     History

(a) An operator may substitute any alternate financial assurance mechanism(s) acceptable to the Board or its designee as specified in this Article, provided that at all times the operator maintains an effective mechanism or combination of mechanisms that satisfies the requirements of section 18473 of this Article, and informs the Board of such substitution.
(b) After obtaining alternate financial assurance, an operator may request that the Board or its designee terminate or authorize the termination of a financial assurance mechanism. The operator shall submit such a request in writing with evidence of alternate financial assurance.
(c) Following written approval by the Board or its designee, the operator may cancel a financial assurance mechanism by giving notice to the provider of financial assurance.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order  transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18480. Bankruptcy or Other Incapacity of an Operator or Provider of Financial Assurance.
Note     •     History

(a) Within 10 days after commencement of a voluntary or involuntary proceeding under the Bankruptcy Code, Title 11, U.S.C. sections 101-1330 in which:
(1) The operator is named as debtor. The operator shall notify the Board or its designee by certified mail of such commencement.
(2) A provider of financial assurance is named as debtor, such provider shall notify the operator and the Board or its designee by certified mail of such commencement.
(b) An operator shall be deemed to be without the financial assurances in the event of bankruptcy of its provider, or in the event of a suspension or revocation of the authority of the provider to issue such coverage. If such an event occurs, the operator shall demonstrate, to the Board or its designee, alternate coverage as specified in this Article within 60 days after receiving notice of the event. If the operator fails to obtain alternate coverage within 60 days, the operator shall notify the Board or its designee within 10 days of such failure.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order  including amendment of section heading and subsection (a)(1) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18481. Recordkeeping and Reporting Requirements.
Note     •     History

(a) An operator shall maintain evidence of all financial assurance mechanisms until the operator is released from the requirements of this Article, as specified in section 18482. This evidence shall be maintained at each major waste tire facility, whenever possible, or at an alternate, designated location approved by the Board or its designee and which is accessible to the operator, and available for the Board or its designee to review.
(b) An operator shall maintain the following types of evidence of financial assurance:
(1) Trust Fund. An operator using a trust fund shall maintain a copy of the trust agreement and statements verifying the current balance of the fund.
(2) Surety Bond. An operator using a surety bond shall maintain a copy of the bond and any amendments to the bond.
(3) Letter of Credit. An operator using a letter of credit shall maintain a copy of the letter of credit and any amendments to the letter of credit.
(4) Government Securities. An operator using government securities shall maintain a copy of the following:
(A) All official resolutions, forms, letters or other pertinent documents generated to issue the securities;
(B) The terms of issuance of the securities; and
(C) With respect to the financial assurance mechanism into which proceeds from the issuance are deposited, the information listed in subsection (5)(C)1., 2., and 3. of this section.
(5) Enterprise Fund. An operator using a enterprise fund shall maintain a copy of the following:
(A) All official resolutions, forms, letters, or other pertinent documents generated to establish the fund;
(B) The annual financial statements of the fund; and
(C) With respect to the financial assurance mechanism into which enterprise fund revenue is deposited:
1. The mechanism, which shall identify the major waste tire facility(ies) and the current closure cost estimates covered by the mechanism;
2. A letter from an authorized officer of the institution maintaining the mechanism, identifying the amount of coverage provided by the mechanism as of the date of its establishment and each anniversary date of establishment; and
3. Documentation that the mechanism meets the requirements of section 18478(d) of this Article.
(c) An operator shall submit current evidence of financial responsibility, as described in subsection (b) of this section, to the Board or its designee:
(1) Whenever a financial assurance mechanism is established or amended.
(A) In the case of a trust fund, letter of credit or surety bond, such documentation shall include the original mechanisms or amendments;
(B) In the case of government securities such documentation shall include the information as specified in subsection (b)(4)(C) of this section.
(C) In the case of the enterprise fund such documentation shall include the information as specified in subsection (b)(5)(C) of this section.
(2) When a closure plan is required to be submitted as required in Article 6, or when the amendment of a cost estimate is required to be submitted as required in Articles 6 or 9; or
(3) If an operator fails to increase the balance of a trust fund or an enterprise fund in accordance with section 18474(c) of this Article.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order  including amendment of  subsections (b)(5)(C)2. and (c)(2)  transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18482. Release from Financial Assurance Requirements for Closure Costs.
Note     •     History

(a) After approving the closure of a major waste tire facility as specified in Article 6 of Chapter 6, the Board or its designee shall notify the operator in writing, that the operator is no longer required by this Article to maintain financial assurance for closure of a particular facility; or
(b) When operational control of a major waste tire facility is transferred, the existing operator shall remain subject to the requirements of this Article until the new operator provides acceptable financial assurances to the Board or its designee. The Board or its designee shall notify the previous operator in writing that they are no longer required to maintain financial assurance for closure of that particular facility.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order  including amendment of  subsection (a) and repealer and adoption of forms  transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect  moving forms to section 18831, appendix A filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
Article 10. Financial Responsibility  for Operating Liability Claims of  Major Waste Tire Facilities
§18485. Scope and Applicability.
Note     •     History

(a) This Article requires operators of major waste tire facilities to demonstrate adequate financial ability to compensate third parties for bodily injury and property damage caused by facility operation.
(b) Operators of all major waste tire facilities, except state and federal operators, shall comply with the requirements of this Article upon application for issuance of a major waste tire facilities permit pursuant to Chapter 6, Article 1, section 18420.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of printing error in article heading (Register 92, No. 40).
5. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
7. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
8. Editorial correction of History 5 (Register 93, No. 26).
9. Certificate of Compliance as to 6-22-93 emergency order including amendment of subsection (a) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18486. Definitions.
Note     •     History

(a) When used in this Article, the following terms shall have the meanings described in Chapter 5, Article 3.5, section 18281:
(1) “Assets”;
(2) “Current assets”;
(3) “Current liabilities”;
(4) “Financial reporting year”;
(5) “Liabilities”;
(6) “Net working capital”;
(7) “Net worth”;
(8) “Parent corporation”; and
(9) “Tangible net worth”.
(b) When used in this Article, the following terms shall have the meanings given below:
(1) “Accidental occurrence” means an event, including pollution exposure, which occurs during the operation of a major waste tire facility prior to closure, that results in bodily injury and/or property damage, and includes continuous or repeated exposure to conditions, neither expected nor intended from the standpoint of the facility operator.
(2) “Admitted carrier” means an insurance company entitled to transact the business of insurance in this state, having complied with the laws imposing conditions precedent to transactions of such business.
(3) “Auto” means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But “auto” does not include “mobile equipment.”
(4) “Bodily injury” means any injury to the body, sickness or disease sustained by a person, including death resulting from any of these at any time. Damages because of “bodily injury” include damages claimed by any person or organization for care, loss of services or death resulting at any time from the “bodily injury.” “Bodily injury” excludes:
(A) “Bodily injury” expected or intended from the standpoint of the operator. This exclusion does not apply to “bodily injury” resulting from the use of reasonable force to protect persons or property.
(B) “Bodily injury” for which the operator is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the operator would have in the absence of the contract or agreement.
(C) Any obligation of the operator under a workers compensation, disability benefits or unemployment compensation law or any similar law.
(D) “Bodily injury” to:
1. An employee of the operator arising out of and in the course of employment by the operator; or
2. The spouse, child, parent, brother or sister of that employee as a consequence of subsection (b)(4)(D)1 above.
This exclusion applies:
a. Whether the operator may be liable as an employer or in any other capacity; and
b. To any obligation to share damages with or repay someone else who must pay damages because of the injury.
(E) “Bodily injury” arising out of the ownership, maintenance, use or entrustment to others of any aircraft, “auto” or watercraft owned or operated by or rented or loaned to any operator. Use includes operation and loading or unloading. This exclusion does not apply to:
1. Parking an “auto” on, or on the ways next to, premises the operator owns or rents, provided the “auto” is not owned by or rented or loaned to the operator;
2. “Bodily injury” arising out of the operation of any of the equipment listed in paragraph (F)2. or (F)3. of the definition of “mobile equipment”, found in subsection 12 below.
(5) “Corporate guarantee” means a contract meeting the requirements of section 18494 of this Article through which a guarantor promises that, if an operator fails to pay a claim by a third party for bodily injury and/or property damage caused by an accidental occurrence, the guarantor shall pay the claim on behalf of the operator.
(6) “Excess coverage” means assurance for third party bodily injury and property damage costs that are above a specified level (i.e., above the primary coverage level or a limit of lower excess coverage) but up to a specified limit.
(7) “Financial means test” means the financial assurance mechanism specified in section 18493 of this Article by which an operator demonstrates his or her ability to pay third party claims for bodily injury and property damage caused by accidental occurrences by satisfying the prescribed set of financial criteria.
(8) “Government securities” means financial obligations meeting the requirements of section 18490 of this Article that are issued by a federal, state, or local government, including but not limited to, general obligation bonds, revenue bonds, and certificates of participation.
(9) “Guarantor” means a parent corporation, or a corporation with a substantial business relationship to the operator who guarantees payment of a present or future obligation(s) of an operator.
(10) “Insurance” means a contract meeting the requirements of section 18491 of this Article by which an insurer promises to pay a claim by a third party for bodily injury and property damage caused by an accidental occurrence.
(11) “Legal defense costs” means expenses that an operator or a provider of financial assurance incurs in defending claims brought:
(A) By or on behalf of a third party for bodily injury and/or property damage caused by an accidental occurrence; or
(B) By any person to enforce the terms of a financial assurance mechanism.
(12) “Mobile equipment” means any of the following types of land vehicles, including any attached machinery or equipment:
(A) Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;
(B) Vehicles maintained for use solely on or next to premises the operator owns or rents;
(C) Vehicles that travel on crawler treads;
(D) Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
1. Power cranes, shovels, loaders, diggers or drills; or
2. Road construction or resurfacing equipment such as graders, scrapers or rollers;
(E) Vehicles not described in (A), (B), (C) or (D) above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:
1. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or
2. Cherry pickers and similar devices used to raise or lower workers;
(F) Vehicles not described in (A), (B), (C) or (D) above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not “mobile equipment” but will be considered “autos”:
1. Equipment designed primarily for:
a. Snow removal;
b. Road maintenance, but not construction or resurfacing;
c. Street cleaning;
2. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and
3. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.
(13) “Primary coverage” means the first priority coverage for third party bodily injury and property damage costs up to a specified limit when used in combination with other coverage.
(14) “Property damage” means physical injury to tangible property, including all resulting loss of use of that property, or loss of use of tangible property that is not physically injured. “Property damage” excludes:
(A) “Property damage” expected or intended from the standpoint of the operator.
(B) “Property damage” for which the operator is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the operator would have in the absence of the contract or agreement.
(C) “Property damages” arising out of the ownership, maintenance, use or entrustment to others of any aircraft, “auto” or watercraft owned or operated by or rented or loaned to any operator. Use includes operation and loading and unloading. This exclusion does not apply to:
1. Parking an “auto” on, or on the ways next to, premises the operator owns or rents, provided the “auto” is not owned by or rented or loaned to the operator;
2. “Property damage” arising out of the operation of any of the equipment listed in paragraph (F)2. or (F)3. of the definition of “mobile equipment”, found in subsection 12 above.
(D) “Property damage” to:
1. Property the operator owns, rents, or occupies;
2. Premises the operator sells, gives away or abandons, if the “property damage” arises out of any part of those premises;
3. Property loaned to the operator;
4. Personal property in the operator's care, custody or control;
5. That particular part of real property on which the operator or any contractors or subcontractors working directly or indirectly on the operator's behalf are performing operations, if the “property damage” arises out of those operations; or
6. That particular part of any property that must be restored, repaired or replaced because the operator's work was incorrectly performed on it.
(15) “Provider of financial assurance” means an entity, other than the operator, that provides financial assurance to the operator of a major waste tire facility, including a trustee, an insurer, or a guarantor.
(16) “Substantial business relationship” means a business relationship that arises from a pattern of recent or ongoing business transactions.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of subsection (b)(1) and redesignation of former subsections (b)(4)(D)1. and 2. as subsections (b)(4)(D)a. and b. filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18487. Amount of Required Coverage.
Note     •     History

(a) An operator of one or more major waste tire facilities shall demonstrate financial responsibility for compensating third parties for bodily injury and property damage caused by accidental occurrences, including exposures to pollution.
(b) The required amounts of coverage shall be:
(1) $500,000 per occurrence with a $500,000 annual aggregate for each facility permitted for 5,000 to 200,000 tires or tire equivalents; or
(2) $1,000,000 per occurrence with a $1,000,000 annual aggregate for each facility permitted for 200,001 tires or more or corresponding tire equivalents.
(c) The required amounts of coverage shall be exclusive of legal defense costs, deductibles and self-insured retentions.
(d) The required amounts of coverage shall apply exclusively to an operator's facility or facilities located in the State of California.
(e) An operator may use one or more mechanisms to provide proof of financial assurance.
(f) If a trust fund or government securities is depleted to compensate third parties for bodily injuries and/or property damages caused by accidental occurrences, the operator shall, within one year of the depletion, demonstrate financial responsibility for the full amount of coverage required by section (a) by replenishing the depleted mechanism(s) and/or acquiring additional financial assurance mechanism(s).
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendment of subsection (b) and adoption of subsections (b)(1) and (b)(2) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of subsection (a) filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18488. Acceptable Mechanisms and Combinations of Mechanisms.
Note     •     History

(a) Subject to the limitations of subsections (c) and (d) of this section, an operator shall use any one, or any combination of the mechanisms which are defined in the following sections:
(1) Section 18489, Trust Fund
(2) Section 18490, Government Securities
(3) Section 18491, Insurance
(4) Section 18492, Self-Insurance and Risk Management
(5) Section 18493, Financial Means Test
(6) Section 18494, Corporate Guarantee
(7) Section 18494.5, State Approved Mechanism 
(b) If a combination of mechanisms are chosen, the operator shall designate one mechanism as “primary” and all others as “excess” coverage.
(c) The government securities and self-insurance and risk management mechanisms are acceptable only for major waste tire facilities operated by government agencies.
(d) The financial means test and corporate guarantee mechanisms are acceptable only for major waste tire facilities operated by private firms.
(1) A private operator may combine a financial means test with a corporate guarantee only if, for the purpose of meeting the requirements of the financial means test, the financial statements of the operator are not consolidated with the financial statements of the guarantor.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of subsection (a) and new subsection (a)(7) filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18489. Trust Fund.
Note     •     History

(a) The trust fund shall have a trustee that is authorized to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
(b) The trust agreement shall be established by using form CIWMB 145 “Trust Agreement” (12/91) which is incorporated herein by reference; and also shall contain original signature of grantor and trustee. (See Appendix A.)
(c) If, at any time, the value of the trust fund is greater than the required amount of coverage minus the amount of coverage demonstrated by another mechanism, the operator may request in writing that the Board or its designee authorize the release of the excess funds. The Board or its designee shall review the request, and if any excess funds are verified, the Board or its designee shall instruct the trustee to release the funds.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendment of subsection (b) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect amending subsection (b) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
§18490. Government Securities.
Note     •     History

(a) The terms of issuance of government securities shall specify that proceeds from the sale of the securities shall be deposited into a financial assurance mechanism that meets the requirements of section 18490(b) below.
(b) The securities shall have been issued and the proceeds already deposited into the financial assurance mechanism that provides equivalent protection to a trust fund by meeting the following requirements:
(1) Proceeds from the sale of securities shall be used exclusively to pay claims by third parties for bodily injury and property damage caused by accidental occurrences and shall remain inviolate against all other claims, including any claims by the operator, the operator's governing body, and the creditors of the operator and its governing body;
(2) The financial operations of the provider of the financial assurance are regulated by a federal or state agency, or the provider is otherwise certain to maintain and disburse the assured funds properly;
(3) If the provider of financial assurance has authority to invest revenue deposited into the mechanism, the provider shall exercise investment discretion similar to a trustee; and
(4) The mechanism meets other requirements that the Board or its designee determines are necessary to ensure that the assured funds shall be available in a timely manner.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18491. Insurance.
Note     •     History

(a) The issuer of the insurance policy shall be an insurer that, at a minimum, is licensed by the California Department of Insurance to transact the business of insurance in the State of California as an admitted carrier.
(b) If coverage is not available as specified in (a) above, the operator may seek coverage by an insurer which, at a minimum, shall be eligible to provide insurance as an excess or surplus lines insurer in California.
(c) If coverage is obtained as described in section (b) of this section, the insurance shall be transacted by and through a surplus line broker currently licensed under the regulations of the California Department of Insurance and upon terms and conditions prescribed in the California Insurance Code (CIC), Division 1, Part 2, Chapter 6.
(d) The Board or its designee may object to the use of any insurer at anytime, whether before or after placement of coverage based on information obtained from, but not limited to, the Surplus Line Association of California, Best's Insurance Reports, and/or the Non-Admitted Insurers Quarterly List.
(e) Each insurance policy shall be either:
(1) Evidenced by a “Certificate of Liability Insurance” established by using form CIWMB 146 “Certificate of Liability Insurance” (12/91), which is incorporated herein by reference (See Appendix A.); or
(2) Amended and evidenced by a “Liability Insurance Endorsement” established by using form CIWMB 147 “Liability Insurance Endorsement” (12/91), which is incorporated herein by reference. (See Appendix A.)
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect  amending subsections (e)(1)-(2) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
§18492. Self-Insurance and Risk Management.
Note     •     History

(a) To use the self-insurance and risk management mechanism an operator shall:
(1) Be a public entity;
(2) Be self-insured;
(3) Employ a risk manager;
(4) Have an active safety and loss prevention program that seeks to minimize the frequency and magnitude of third party damages caused by accidental occurrences and other self-insured losses; and
(5) Have procedures for and a recent history of timely investigation and resolution of any claims for third party damages caused by accidental occurrences and other self-insured losses; and
(6) Satisfy any other reasonable conditions including but not limited to the submittal of audited financial statements that the Board or its designee determines are needed to ensure that the assured amount of funds shall be available in a timely manner.
(b) This coverage shall be demonstrated by using form CIWMB 148 (12/91), “Certificate of Self-Insurance and Risk Management”, which is incorporated herein by reference. (See Appendix A.)
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect amending subsection (b) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
§18493. Financial Means Test.
Note     •     History

(a) To pass the financial means test, an operator or a guarantor shall be a private entity and shall meet the criteria of section (c) or (d) based on independently audited year-end financial statements for the latest completed fiscal year.
(b) The phrase “amount of liability coverage to be demonstrated by the test” as used in sections (c) and (d) refers to the amount of liability coverage required by section 18487 of this Article.
(c) The operator or guarantor shall have:
(1) Net working capital and tangible net worth each at least six times the amount of liability coverage to be demonstrated by the test; and
(2) Tangible net worth of at least $10 million; and
(3) Assets located in the United States amounting to at least 90 percent of its total assets or at least six times the amount of liability coverage to be demonstrated by the test.
(d) The operator or guarantor shall have:
(1) A current rating for its most recent bond issuance of AAA, AA, A, or BBB issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued by Moody's; and
(2) Tangible net worth of at least six times the amount of liability coverage to be demonstrated by the test; and
(3) Tangible net worth of at least $10 million; and
(4) Assets located in the United States amounting to at least 90 percent of its total assets or at least six times the amount of liability coverage to be demonstrated by the test.
(e) Within 90 days after the close of each financial reporting year, the operator or the guarantor shall submit the following items to the Board or its designee and, in the case of a guarantor, to the operator;
(1) A letter on the operator's or guarantor's official letterhead stationary that is worded and completed as specified in form CIWMB 149 “Instructions for the Letter from the Chief Financial Officer Financial Means Test for Liability” (12/91), which is incorporated herein by reference and  which contains an original signature of the operator's or guarantor's chief financial officer. (See Appendix A.) An operator or guarantor shall use form CIWMB 149 to demonstrate or guarantee financial responsibility for liability coverage only. If the operator or guarantor is using a similar financial means test to demonstrate liability coverage for facilities in California or other states, such as but not limited to, hazardous waste treatment, storage, or disposal facilities, or solid waste landfills, or other waste tire facilities, the operator shall list all facilities covered by the financial means test, whether in California or not.
(2) A copy of an independent certified public accountant's report on examination of the operator's or guarantor's financial statements for the latest completed fiscal year, with a copy of the operator's or guarantor's financial statements for the latest completed fiscal year.
(3) A letter from an independent certified public accountant stating that:
(A) He or she has compared the data in the letter in section (e)(1), from the chief financial officer specified as having been derived from the financial statements for the latest completed fiscal year of the operator or the guarantor, with the amounts in the financial statements; and
(B) Based on the comparison, no matters came to his or her attention that caused him or her to believe that the specified data should be adjusted.
(4) If the operator or the guarantor is required to make such a filing, a copy of the operator's or guarantor's most recent form 10-K filed with the U.S. Securities and Exchange Commission.
(f) The Board or its designee may require updated financial statements at any time from the operator or guarantor. If the Board or its designee finds that the operator no longer meets the financial means test requirements of sections (c) or (d) based on such reports or other information, including but not limited to, credit reports and reports from other state agencies, the operator shall obtain alternate coverage within 60 days after receiving the notification of such a finding.
(g) If an operator using the financial means test fails to meet the requirements of the financial means test under sections (c) or (d), the operator shall obtain alternate coverage within 60 days after the determination of such failure.
(h) If the operator fails to obtain alternate coverage within the times specified in sections (f) or (g), the operator shall notify the Board or its designee by certified mail within 10 days of such failure.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendment of subsections (a) and (b) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect  amending subsection (e)(1) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
§18494. Corporate Guarantee.
Note     •     History

(a) The guarantor shall be:
(1) A parent corporation of the operator; or
(2) A firm whose parent corporation is also the parent corporation of the operator; or
(3) A firm engaged in a substantial business relationship with the operator and issuing the corporate guarantee as an act incident to that business relationship.
(b) The guarantor shall meet the requirements of the financial means test under sections 18493(c) or (d) of this Article based on the guarantor's audited year-end financial statements.
(c) The corporate guarantee shall be worded and completed as specified by form CIWMB 150 “Corporate Guarantee” (12/91), which is incorporated herein by reference. (See Appendix A.)
(d) The terms of the corporate guarantee shall specify that if the operator fails to satisfy a judgment or an award for bodily injury and property damage to third parties caused by accidental occurrences, or fails to pay an amount agreed in settlement of a claim arising from or alleged to arise from such injury and damage, the guarantor shall satisfy such judgment, award, or settlement agreement up to the limits of the corporate guarantee.
(e) If the guarantor fails to meet the requirements of the financial means test under section 18493(c) or (d) of this Article or wishes to terminate the corporate guarantee, the guarantor shall send notice of such failure or termination by certified mail to the operator and the Board or its designee within 90 days after the end of that financial reporting year. The corporate guarantee shall terminate no less than 60 days after the date that the operator and the Board or its designee have received the notice of such failure or termination, as evidenced by the return receipts. The guarantor shall establish alternate coverage as specified in section 18488 of this Article on behalf of the operator within 60 days after such notice, unless the operator has done so.
(f) The Board or its designee may require updated financial statements at any time from a guarantor. If the Board or its designee finds, on the basis of such reports or information from other sources, including but not limited to, credit reports and reports from other state agencies, that the guarantor no longer meets the financial means test requirements of section 18493(c) or (d) of this Article, or any requirements of section 18494 of this Article, the Board or its designee shall notify the guarantor and operator of such finding by certified mail. The guarantor shall establish alternate coverage as specified in section 18488 of this Article on behalf of the operator within 60 days after such notice, unless the operator has done so.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendment of subsections (a)(3) and (e) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect amending subsection (c) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
§18494.5. State Approved Mechanism.
Note     •     History

(a) An operator may satisfy the requirements of this Chapter by obtaining any other mechanism that meets the following criteria, and that is approved by the Board. 
(1) The financial assurance mechanism(s) must ensure that the amount of funds assured is sufficient to cover the costs assured when needed; 
(2) The financial assurance mechanism(s) must ensure that funds will be available in a timely fashion when needed; 
(3) The financial assurance mechanism(s) must be obtained by the operator before the first waste is received at a new facility and before any other financial mechanism is cancelled at existing facilities. The financial mechanism must be maintained until the operator is released from the financial assurance requirements under this Chapter. 
(4) The financial assurance mechanism(s) must be legally valid, binding, and enforceable under California and Federal law. 
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18495. Substitution of Mechanisms by Operator.
Note     •     History

(a) An operator may substitute any alternate financial assurance mechanism(s) as described in sections 18489 through 18494 of this Article, provided that at all times the operator maintains an effective mechanism or a combination of effective mechanisms, that satisfies the requirements of section 18488 of this Article, and informs the Board or its designee of such substitution.
(b) In the event an operator obtains alternate financial assurance, it may request that the Board or its designee terminate or authorize the termination of the previous financial assurance mechanism. The operator shall submit such a request in writing with evidence of alternate financial assurance.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18496. Cancellation or Nonrenewal by a Provider of Financial Assurance.
Note     •     History

(a) Except as otherwise provided in section 18497 of this Article, a provider of financial assurance may cancel or not renew a financial assurance mechanism by sending a notice of termination by certified mail to the operator and the Board or its designee.
(b) Termination of a corporate guarantee shall occur no less than 60 days after the date on which the operator and the Board or its designee have received the notice of termination, as evidenced by the return receipts.
(c) Cancellation or nonrenewal of insurance or self-insurance and risk management coverage shall occur no less than 60 days after the date on which the operator and the Board or its designee have received the notice of termination, as evidenced by the return receipts; except in the case of non-payment of insurance premiums, in which case cancellation shall occur no less than 10 days after the date on which the operator and the Board or its designee have received the notice of termination.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18497. Bankruptcy or Other Incapacity of Operator or Provider of Financial Assurance.
Note     •     History

(a) Within 10 days after commencement of a voluntary or involuntary proceeding under the Bankruptcy Code, Title 11 U.S.C. sections 101-1330 in which:
(1) The operator is named as debtor, the operator shall notify the Board or its designee by certified mail of such commencement.
(2) A provider of financial assurance is named as debtor, such provider shall notify the operator and the Board or its designee by certified mail of such commencement.
(b) An operator shall be deemed to be without the required financial assurance in the event of bankruptcy of its provider of financial assurance, or in the event of a suspension or revocation of the authority of the provider of financial assurance to issue a mechanism. If such an event occurs, the operator shall demonstrate alternate financial assurance as specified in this Article within 60 days after receiving notice of the event. If the operator fails to obtain alternate financial assurance within 60 days, the operator shall notify the Board or its designee within 10 days of such failure.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendment of subsection (b) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18498. Recordkeeping and Reporting.
Note     •     History

(a) An operator shall maintain evidence of all financial assurance mechanisms until the operator is released from the requirements as specified in section 18499 of this Article. This evidence shall be maintained at each major waste tire facility, whenever possible, or at an alternate, designated location approved by the Board or its designee and which is accessible to the operator, and available for Board staff review.
(b) An operator shall maintain the following types of evidence, and shall maintain an original or copy of each mechanism used to demonstrate financial responsibility under this Article:
(1) Trust Fund. An operator using a trust fund shall maintain a copy of the trust agreement and statements verifying the current balance of the fund.
(2) Government Securities. An operator using government securities shall maintain a copy of the following:
(A) All official resolutions, forms, letters, or other pertinent documents generated to issue the securities;
(B) The terms of issuance of the securities; and
(C) With respect to the mechanism into which the funds generated by the issuance are deposited:
1. Identify the major waste tire facilities covered by the fund and the amount of third party liability coverage;
2. Include a letter from an authorized officer of the institution maintaining the mechanism identifying the amount of funds provided by the mechanism as of the anniversary date of each mechanism for each year; and
3. Include a copy of the evidence documenting that the mechanism meets the requirements of section 18490(b) of this Article.
(3) Insurance. An operator using insurance shall maintain the original or a copy of the insurance policy in addition to the original or a copy of the liability insurance endorsement or the certificate of liability insurance.
(4) Self-Insurance and Risk Management. An operator using self-insurance and risk management shall maintain:
(A) The name and qualifications of the currently employed risk manager;
(B) Pertinent documents verifying the ongoing activity of the operator's safety and loss prevention program; and
(C) Pertinent documents showing procedures for timely investigation and resolution of any claims for third party damages caused by accidental occurrences and other self-insured losses.
(5) Financial Means Test. An operator using a financial means test shall maintain a copy of the information specified in section 18493(e) of this Article.
(6) Corporate Guarantee. An operator using a corporate guarantee shall maintain documentation of the corporate guarantee as specified in sections 18494(a),(b),and (c) of this Article.
(c) An operator shall submit the documentation of current evidence of financial responsibility listed in section 18498(b) to the Board or its designee whenever a financial assurance mechanism is established or amended:
(1) In the case of a trust fund such documentation shall include the original mechanism and a copy of the current statement verifying the balance of the account;
(2) In the case of government securities such documentation shall include the information as specified in section 18498(b)(2) of this Article;
(3) In the case of a financial means test, or a corporate guarantee, such documentation shall include the original mechanism; or
(4) In the case of insurance or self-insurance and risk management, such documentation shall include the original liability insurance endorsement, certificate of liability insurance, or certificate of self-insurance and risk management.
(d) An operator shall submit written notice to the Board or its designee of the number of claims paid and the total dollar amount paid as a result of an accidental occurrence at an operating facility. This information shall be compiled for the previous calendar year and submitted to the Board or its designee by March 1st of each year.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendment of subsection (b) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18499. Release of an Operator from the Requirements.
Note     •     History

(a) After approving the closure of the major waste tire facility as specified in Article 6, the Board or its designee shall notify the operator and the provider of financial assurance in writing, that he or she is no longer required to demonstrate financial responsibility by this Article for third party operating liability, at the particular facility.
(b) When operational control of a major waste tire facility is transferred, the existing operator shall remain subject to the requirements of this Article until the new operator provides acceptable financial assurances to the Board or its designee.
NOTE

Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
HISTORY

1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendment of text and repealer and adoption of forms transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change without regulatory effect  moving forms to section 18831, appendix A filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
Article 11. Financial Assurances Enforcement Procedures for Major Waste Tire Facilities
§18499.1. Scope and Applicability.
Note     •     History

All operators of major waste tire facilities shall be subject to the requirements of this article, except state and federal operators. 
NOTE

Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42850 and 42850.1, Public Resources Code. 
HISTORY

1. New article 11 (sections 18499.1-18499.9) and section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18499.2. Definitions.
Note     •     History

(a) “Degree of non-compliance” means the status of compliance of an operator with the financial assurance requirements. An operator is either: 1) partially out of compliance with the requirements (“Minor”); or 2) completely out of compliance with the requirements (“Major”). 
(b) “Potential for harm” means the degree to which operator's actions adversely affect the public health, safety and the environment. This potential is based on the number of tires for which that facility is permitted. 
(1) Major: 1,000,001 tires or more, or tire equivalents. 
(2) Moderate: 200,001 to 1,000,000 tires or tire equivalents. 
(3) Minor: 5000 to 200,000 tires or tire equivalents. 
NOTE

Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. References: Sections 40502, 42850 and 42850.1, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18499.3. Notice of Violation.
Note     •     History

(a) The CIWMB shall send a written Notice of Violation to an operator violating the requirements of Articles 9 or 10 of this Chapter (commencing with section 18470). 
(b) The Notice of Violation shall: 
(1) describe the violation which CIWMB staff believe is occurring; and 
(2) describe the consequences of continued failure to comply or respond. 
(c) All operators shall submit a response to a Notice of Violation within 10 working days from receipt of the Notice of Violation. 
(d) The CIWMB may consider all contacts with an operator as “good faith” efforts to comply with this Chapter, and the CIWMB may extend the timeframe for an operator to respond and/or comply, as the CIWMB deems necessary, to assure adequate financing for closure activities and operating liability. 
NOTE

Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42850 and 42850.1, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18499.4. Issuance of Notice and Order, Cleanup and Abatement Order, and/or Stipulated Notice and Order.
Note     •     History

(a) If an operator fails to respond to the Notice of Violation within the specified timeframe, the CIWMB shall draft and send a Notice and Order or Cleanup and Abatement Order to the operator. 
(b) An operator shall respond to the CIWMB with evidence of compliance, or request an alternate schedule for compliance, within 10 working days from receipt of the Order. 
(c) If an operator responds to the Order by offering partial compliance immediately, and full compliance over a period of time, which is acceptable to the CIWMB, the CIWMB may enter into a Stipulated Notice and Order with the operator. 
(d) If an operator fails to conform with the compliance schedule within the specified timeframe as provided in the Notice and Order, Cleanup and Abatement Order or Stipulated Notice and Order, further enforcement action may be taken by the CIWMB, as specified in the Notice and Order, Cleanup and Abatement Order, or Stipulated Notice and Order. 
NOTE

Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. References: Sections 40502, 42850 and 42850.1, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18499.5. Compliance Options.
Note     •     History

(a) The CIWMB may consider compliance options other than imposing penalties, to assure adequate financing for closure activities and operating liability. The CIWMB may consider options that include, but are not limited to: 
(1) Placing restrictions on current financial assurance mechanism(s) being used by the operator such as more frequent reporting requirements. 
(2) Prohibiting use of current financial assurance mechanism(s) being used by the operator, and requiring the operator to establish an alternate mechanism as prescribed in section 18473 and 18488 of this Title. 
NOTE

Authority cited: Section 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42850 and 42850.1 Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18499.6. Penalty Calculations.
Note     •     History

(a) If the CIWMB chooses to impose a penalty, the daily penalty shall equal an amount determined by the gravity-based matrix, in Table 1, using the degree of non-compliance and the potential for harm as the deciding factors, added to the economic benefit an operator receives from noncompliance with this Chapter. 

Table 1. 

	Degree of Non-Compliance 

Potential for Harm	Major 	Minor
  
	$10,000 	$904

Major 	to 	to 
	$905 	$804
			
	$803 	$702 
Moderate 	to 	to 
	$703 	$652 
			
	$651 	$550 
Minor 	to 	to 
	$551 	$500 

(1) The economic benefit portion of a penalty for lack of liability coverage shall be based on a minimum annual premium for liability insurance, as identified by a CIWMB survey of the insurance industry. The premium is multiplied by the number of years an operator is out of compliance (rounded up to the next whole year if a partial year of non-compliance exists). 
(2) The economic benefit portion of a penalty for lack of coverage for closure costs shall be based on the current cost of a letter of credit or bond, as identified by a CIWMB survey of the banking industry or insurance industry, respectively. The cost for a letter of credit or bond is multiplied by the pro-rata factor for the length of time of non-compliance. 
(b) Determinations of penalty amounts may be modified by the CIWMB for one or more of the following reasons: 
(1) Evidence that coverage has been subsequently provided, such as bank statements, letter from county treasurer verifying balance of fund, certificate demonstrating adequate coverage, etc. 
(2) Evidence of a payment schedule, if applicable, detailing the operator's good faith efforts has been subsequently provided, such as past deposits to the financial assurance mechanism, etc. 
(3) An operator's good faith efforts to comply or lack of good faith. 
(4) An operator's degree of willingness to comply. 
(5) An operator's history of compliance. 
(6) Other unique factors such as size of operation, threat to public health and safety and the environment. 
(c) Penalties may be pursued by the CIWMB administratively or through superior court as specified in Public Resources Code, sections 42850 and 42850.1. 
NOTE

Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42850 and 42850.1, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18499.7. Processing and Collection of Civil Penalty.
Note     •     History

Processing and collection of civil penalties shall be made by the CIWMB as provided in Public Resources Code Section 42855. 
NOTE

Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42850, 42850.1 and 42855, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18499.8. Appeals Process.
Note     •     History

Any aggrieved person may appeal a Notice and Order or Cleanup and Abatement Order by the CIWMB, according to Public Resources Code, section 42854. 
NOTE

Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42850, 42850.1 and 42854, Public Resources Code. 
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18499.9. Continued or Recurring Violations.
Note     •     History

(a) If an operator pays an initial penalty but fails to correct the violation pursuant to Notice and Order or Cleanup and Abatement Order, or has recurring violations within a one year period from the date of the preceding Notice of Violation: 
(1) the CIWMB may re-initiate the enforcement process; 
(2) the CIWMB may pursue action to revoke a permit, according to Public Resources Code section 42843, and/or pursue closure of the facility; 
(3) the CIWMB may pursue both (1) and (2) above. 
NOTE

Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42843, 42850 and 42850.1, Public Resources Code.
HISTORY

1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
Chapter 7. Special Waste Standards
NOTE

Authority cited: Sections 68042 and 66770, Government Code and Section 24389, Health and Safety Code. Reference: Chapter 1 of Title 7.8 and Sections 66770, 66771, Government Code and Chapter 3.5 of Division 29, Health and Safety Code.
HISTORY

1. New Chapter 7 (Articles 1-5, consecutive; Sections 18500-18546, not consecutive) filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
2. Repealer of Chapter 7 (Articles 1-5, Sections 18500-18548, not consecutive) filed 2-3-83; effective thirtieth day thereafter (Register 83, No. 6).
§18500. Scope.
Note     •     History

The regulations contained in chapter 7 pertain to the California Integrated Waste Management Board's requirements regarding activities related special wastes, including but not limited to household hazardous wastes.
NOTE

Authority Cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 40052 and 46400, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
Article 1.1. Definitions
§18502. Definitions.
Note     •     History

(a) The following definitions shall apply to the regulations contained in this chapter.
(1) “Act” means the Solid Waste Disposal Site Hazard Reduction Act of 1989 (Statutes of 1989, chapter 1095).
(2) “Account” means the Solid Waste Disposal Site Cleanup and Maintenance Account described in section 46800 of the Public Resources Code.
(3) “Applicant” means a city, county or local agency applying for a grant award.
(4) “Board” means the California Integrated Waste Management Board.
(5) “DTSC” means the Department of Toxic Substances Control.
(6) “Fiscal Year” means the year commencing on the first day of July and ending on June 30 of each year.
(7) “Grant” means an award of funds in either one of the following manners
(A) “Discretionary Grant” means an award of funds to a city, county or local agency which is based on the evaluation and selection of the applicant's proposed or implemented Household Waste Program pursuant to section 18533.1 of article 2.2, and which is subject to fund availability in the Account after all non-discretionary grants have been awarded.
(B) “Non-discretionary Grant” means an award of funds to a city, county or local agency which has implemented a Household Hazardous Waste Program during the fiscal year prior to the grant application; and which meets the specific criteria for the non-discretionary award pursuant to section 18515 of article 2.1.
(8) “Grant Agreement” means the written document, any amendment(s) and written change orders thereto, which is signed by the Board or its designated representative and the grant recipient and which defines the terms, provisions and conditions governing the grant. The terms of the grant agreement shall be for a period negotiated between the grant recipient and the Board.
(9) “Grant Recipient” means the city, county or local agency which receives a grant award from the Board.
(10) “Grant Year” means that time period in which the grant application submittal process, selection and award distribution will occur. The time period will begin on the first day of July in one year and end on June 30 of the next calendar year.
(11) “Hazardous Waste” (HW) means waste as defined in section 40141 of the Public Resources Code and section 25117 Health and Safety Code: that is, waste or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following:
(A) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
(B) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
(12) “Household Hazardous Waste” (HHW) means waste materials determined by the Board, the Department of Toxic Substances Control (DTSC), the State Water Resources Control Board (SWRCB), or the Air Resources Board (ARB) to be:
(A) Of such a nature that they must be listed as hazardous in state statutes and regulations; or are
(B) Toxic/ignitable/corrosive/reactive; and
(C) Carcinogenic/mutagenic/teratogenic; which is discarded from householders as opposed to businesses.
(13) “HHW Program” means a program sponsored by a city, county or local agency which results in the separation of HW and/or HHW from the solid waste stream. An HHW Program may include, but is not limited to, the following activities:
(A) Load Checking Programs;
(B) Collection Programs
1) Periodic
2) Permanent
3) Mobile Collection Program
4) Residential Pick-up Service;
(C) Waste Control and Enforcement Programs;
(D) Educational Programs; and/or
(E) Other program activities incorporating reuse, reduction, or recycling of HW and HHW.
(14) “Jurisdiction” means a city, county, or local agency with responsibility for waste management.
(15) “Load Checking Program” means a program which provides for physical inspection and removal of hazardous wastes from the incoming waste stream at any solid waste facility, as defined in section 40194 of the Public Resources Code.
(16) “Local agency” means any public agency which is responsible for waste management and which sponsors a program(s) to prevent the disposal of H and/or HHW at a solid waste disposal facility.
(17) “Local Funding” means those monies originating solely from a jurisdiction which are to be used or were used to conduct a HHW collection program.
(18) “Mobile Collection Program” means two or more permanent household hazardous waste collection sites utilizing at least one transportable container for the sites and operated on an intermittent schedule.
(19) “Periodic HHW Collection Program” means a program in which a jurisdiction sponsors HHW collection activities at least once a year with each collection event beginning and ending within a one week period (seven days). 
(20) “Permanent HHW Collection Program” means a program in which a jurisdiction sponsors the maintenance of a permanent HHW collection program at a specific site which is open to the public at least for one day, or a portion of that day, each week.
(21) “Proposal” means that part of a discretionary grant application from a jurisdiction specifying its intent to establish or implement a HHW Program, commencing in the fiscal year following the application period, which consists of a newly established program or incorporates a new or added service or capability to an existing HHW program.
(22) “Recycling Activities” means those projects which divert hazardous materials from non-hazardous solid waste landfills; and which utilize one or more of the processes for collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the market place. “Recycling” does not include transformation, as defined in section 40201 of the Public Resources Code.
(23) “Reduction” means to use only the required amount of a product which contains a hazardous ingredient(s) for a specific task; and/or to use a product containing a lesser amount of a hazardous ingredient(s) in comparison with other brands of the same type of product.
(24) “Regional” means any area which included two or more jurisdictions responsible for waste management. This includes two or more cities, two or more counties, or two or more local agencies, or the combination of a city (cities), a county (counties) and/or local agency (agencies).
(25) “Residential Pick-up Service” means the service sponsored by a city, county or local agency for the residents of a community whereby HHW is picked up from each resident's home.
(26) “Reuse” means the use of a product containing a hazardous ingredient after it is no longer needed by the person who originally purchased and/or used the product.
(27) “Waste Control and Enforcement Programs” means a program as provided in section 46400(b) of the Public Resources Code.
NOTE

Authority cited: Sections 40502, 46205 and 46208, Public Resources Code. References: Section 40180, 40201, 46400 and 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
2. Amendment filed 7-22-92; operative 7-22-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 30).
Article 2. General Provisions
§18504. Scope and Applicability.
Note     •     History

a) The regulations contained in this article set forth the criteria needed by cities, counties and local agencies responsible for waste management to apply for and receive a grant of funds from the Solid Waste Disposal Site Cleanup and Maintenance Account (Account).
b) This article applies to all cities, counties and local agencies which are either:
1. currently implementing a program or activity which prevents the disposal of HW, including HHW into solid waste landfills, or
2. proposing the establishment of programs or services to prevent the disposal of HW; including HHW; into solid waste landfills.
NOTE

Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
§18505. Programs Eligible for Funding.
Note     •     History

HHW Programs eligible for funding from the account include, but are not limited to, the following activities:
(a) Load Checking Programs;
(b) Collection Programs
1) Periodic
2) Permanent
3) Mobile 
4) Residential Pick-up Service;
(C) Waste Control and Enforcement Programs;
(D) Educational Programs; and/or
(E) Other program activities incorporating reuse, reduction, or recycling of HW and HHW.
NOTE

Authority cited: Sections 46205, 46208, 46400 and 46401, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
§18506. Grant Application Process.
Note     •     History

a) A jurisdiction, with an eligible program, shall submit the documents specified in section 18515 of article 2.1 or sections 18533 and 18533.1 of article 2.2, whichever are applicable, in order to apply for a grant award.
b) Documents required in (a) of this section shall be submitted to the principal place of business of the California Integrated Waste Management Board, in care of the HHW Management Program.
c) An original and three (3) copies of the documents required in (a) of this section shall be submitted to the Board. All materials submitted will become the property of the Board and will be retained for a minimum of three years.
d) The required application documents shall be received by the Board on or before the close of the application period specified in either section 18511 of article 2.1 or section 18531 of article 2.2, whichever is applicable.
NOTE

Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
Article 2.1. Non-Discretionary Grants
§18510. Grant Eligibility.
Note     •     History

NOTE

Authority cited: Sections 46205, 46208 and 46401, Public Resources Code. Reference: Section 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
2. Amendment filed 7-22-92; operative 7-22-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 30).
3. Change without regulatory effect repealing article 2.1 (sections 18510-18522) and section filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
§18511. Grant Application Period.
Note     •     History

NOTE

Authority cited: Sections 46205, 46208 and 46401, Public Resources Code. Reference: Section 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
2. Amendment filed 7-22-92; operative 7-22-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 30).
3. Change without regulatory effect repealing section filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
§18512. Grant Amount.
Note     •     History

NOTE

Authority cited: Sections 46205, 46208 and 46401, Public Resources Code. Reference: Section 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
2. Amendment filed 7-22-92; operative 7-22-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 30).
3. Change without regulatory effect repealing section filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
§18515. Contents of the Grant Application.
Note     •     History

NOTE

Authority cited: Sections 46205, 46208, 46400 and 46401, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
2. Amendment of subsections (b) and (d) and new subsections (e)-(g) filed 7-22-92; operative 7-22-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 30).
3. Change without regulatory effect repealing section filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
§18520. Review of Grant Application.
Note     •     History

NOTE

Authority cited: Sections 46205, 46400 and 46401, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
2. Change without regulatory effect repealing section filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
§18521. Payment of Grant Funds.
Note     •     History

NOTE

Authority cited: Sections 46205, 46208, Public Resources Code. References: Sections 46401 and 46810, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
2. Change without regulatory effect repealing section filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
§18522. Auditing Requirements.
Note     •     History

NOTE

Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Section 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
2. Change without regulatory effect repealing section filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
Article 2.2. Discretionary Grants
§18530. Grant Eligibility.
Note     •     History

a) A jurisdiction which has not received a non-discretionary grant in accordance with Article 2.1, Section 18512, and which submits a grant application for a HHW program to ensure that HW, including, but not limited to, HHW, is not disposed of in a solid waste landfill, and which meets the definition of a HHW Program under Section 18502(a)(13) and that of a proposal under Section 18502(a)(21) of this Chapter, is eligible for a discretionary grant.
b) A jurisdiction which has received a non-discretionary grant in accordance with article 2.1, section 18512, remains eligible to receive a discretionary grant under this article for the following:
1) A HHW program which meets the definitions under Section 18502(a)(13) and Section 18502(a)(21) of this Chapter; and/or
2) a portion of an HHW program which was not funded under article 2.1 of this chapter in the same grant year.
NOTE

Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
2. Amendment filed 7-22-92; operative 7-22-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 30).
§18531. Grant Application Period.
Note     •     History

Applications for discretionary grants will be accepted beginning on the first Monday in December of each year commencing in December, 1990, until 4:00 p.m. on the last Friday in February of the next calendar year. Applications received after that date will be returned to the applicant.
NOTE

Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Section 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
2. Amendment filed 7-22-92; operative 7-22-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 30).
§18532. Grant Amount.
Note     •     History

The Board may award a discretionary grant to an eligible jurisdiction in an amount to determined by the Board, but the amount shall not exceed $120,000 for any individual grant. The award amount will be based upon the amount of monies remaining in the Account after all non-discretionary grants have been awarded for the previous calendar year.
NOTE

Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
§18533. Contents of the Grant Application.
Note     •     History

Any jurisdiction which applies for a discretionary grant shall submit an application to the Board which includes, but is not limited to, the following:
a) An application cover sheet, CIWMB Form 302, 3/90 which is incorporated by reference.
b) A grant application shall, at a minimum, incorporate the following elements describing the proposed or implemented program:
1) A description of the HHW disposal problem in the applicant's jurisdiction, including, the amount of HHW generated in the geographic area to be serviced. Include a discussion of the jurisidiction's Waste Generation Study as it relates to the identified HHW disposal problem.
2) The HHW Element of the Countywide Integrated Waste Management Plan prepared pursuant to Public Resources Code section 41750.
3) A general description of program goals or objectives for the proposed or completed program, including specific actions which will be taken or have been taken to mitigate the HHW disposal problem. This section must include a description of the program being proposed and discuss the proposed program in relation to the applicant's HHW Element.
4) An identification of the tasks necessary to complete the proposed program and an implementation schedule for the proposed tasks.
5) The geographic area to be serviced, or the geographic area that was serviced.
6) A budget report describing the costs for each completed program or proposed project within the overall HHW program. This shall include the actual or projected costs of staff, hazardous waste contractor fees, and the actual or projected costs for education, public awareness and/or advertising.
7) A description of funding sources other than the Account, which will be used, or which have been used for the program.
8) A report on insurance coverage for the project(s) as required by title 22, California Code of Regulations, section 66264.147, if applicable.
9) A copy of or status report on any required variances or permits from the DTSC, and the federal Environmental Protection Agency generator identification number.
10) A description of any recycling and/or reuse efforts for HHW which will be, or which have been, utilized in conjunction with the proposed project, or completed program, whichever is applicable.
11) A description of public education and awareness efforts to be utilized or which have been utilized.
12) A description of cooperative efforts between local government agencies and interested citizen associations and groups, if any, regarding implementation of the program.
13) Methods of jurisdiction plans to use to evaluate the success of the program, or methods which were used to evaluate the success of the program, whichever is applicable.
14) A resume of management personnel for the program, detailing their qualifications and experience.
15) A resolution from the jurisdiction's governing body authorizing submittal of the grant application and identifying the individual authorized to execute all necessary applications, contracts, agreements and amendments to carry out the purposes specified in the application.
c) The grant application for a discretionary grant may be accompanied by a list of the costs associated with the implementation of specific tasks of the grant application required by (a)(3) in order for the Board to provide partial funding for the program.
NOTE

Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Sections 41750, 46400 and 46401, Public Resources Code; section 25135.1(d)(4), Health and Safety Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
2. Repealer of subsection (b) and Note and removal of text from section 18533.1 to section 18533 and amendment filed 7-22-92; operative 7-22-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 30).
§18533.1. Contents of the Grant Proposal.
Note     •     History

NOTE

Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Sections 41750 and 46401, Public Resources Code; Section 25135.1(d)(4), Health and Safety Code. 
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
2. Removal of text to section 18533 and amendment filed 7-22-92; operative 7-22-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 30).
§18534. Review of Grant Application.
Note     •     History

a) The Board shall review a discretionary grant application for the following:
1) to verify that the application is complete; and
2) to verify that the grant proposal incorporates the elements required by sections 18533 and 18533.1 of this article; and
3) to evaluate the application to determine its eligibility for partial funding of an HHW Program.
b) The Board may request additional information related to the discretionary grant application required pursuant to section 18533 of this article. The applicant will have 10 (ten) working days, or as specified by the Board, to submit the requested information to the Board or it will be disqualified from consideration for a discretionary grant.
NOTE

Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Sections 46400 and 46401.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
§18534.1. Selection of Grant Recipient.
Note     •     History

a) The Board shall select one or more grant recipients based upon the recipient's satisfaction of the grant proposal elements required pursuant to section 18533.1 of this article.
b) The Board shall give lower priority for grant awards to grant applicants who have received funding for non-discretionary grants under article 2.1 of this Chapter in the same grant year; and for those applicants who had received discretionary grant funding in the year prior to the current grant year cycle.
NOTE

Authority cited: Sections 46208, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
2. Amendment of subsection (b) filed 7-22-92; operative 7-22-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 30).
§18535. Payment of Grant Funds.
Note     •     History

Discretionary grant recipients will be awarded grant funds no later than June 30 of each year, commencing in June, 1991.
NOTE

Authority cited: Sections 46208 and 46400, Public Resources Code. Reference: Section 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
§18536. Grant Agreement.
Note     •     History

a) The grant recipient and the Board shall enter into a written grant agreement which contains the grant proposal as approved and which identifies and ensures compliance with the terms and conditions specified in section 18536.1 and any other special conditions or terms which the Board may deem necessary.
b) Written Approval of Changes to Grant Agreement. The recipient shall obtain prior written approval from the Board, or its designated representative, for any changes to the grant agreement. All requests shall include a description of the proposed change(s) and the reason(s) for the changes. 
NOTE

Authority cited: Section 46208, Public Resources Code. Reference: Section 46205, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
§18536.1. Terms and Conditions of a Grant Agreement.
Note     •     History

The grant recipient shall comply with the following terms and conditions:
a) Quarterly Progress Reports. The grant recipient shall submit a quarterly progress report to the Board within 30 days following the end of each quarter. The report shall include, but not be limited to:
1) A statement that the program(s) is or is not on schedule, and a description of the program tasks or milestones and the status of each. Pertinent reports or interim findings shall be appended.
2) A discussion of any difficulties or special problems encountered in accomplishing the project tasks.
3) A financial report comparing costs to date with the approved scope of work and the original budget. The report should state whether the program(s) is progressing within the approved budget, and an explanation of any current or anticipated deviations. The report shall include a Balance Sheet showing the program's current assets and liabilities as well as a Statement of Expenditures.
4) A report of any changes in management personnel.
5) The report for the fourth quarter will be the Final Report required pursuant to (e) of this section.
b) Compliance. Grant recipients shall comply with all applicable federal, state and local laws, ordinances, regulations and permits. The recipient shall secure any permits or variances required by the DHS and EPA and any other authorities having jurisdiction over the program(s) including but not limited to, the California Integrated Waste Management Board and the appropriate Regional Water Quality Control Boards. The grant recipients shall maintain or revise all applicable permits, such as solid waste facility permits, as needed.
c) Auditing.
1) All grant recipients shall maintain an accounting system for the program that utilizes generally accepted accounting principles and practices. The Board, the State Controller's Office and the State Auditor General's Office or their designated representative(s) shall have absolute right of access to all of the grant recipient's records pertaining to the grant agreement in order to conduct reviews and/or audits.
2) In addition to accounting records, all source documents associated with the accounting records shall be maintained. Source documents include, but are not limited to, bid summaries, contracts with the grant recipient, change orders showing approval by a city or county engineer, purchase orders, invoices, paid warrants, time sheets, labor distribution reports and payroll registers.
3) The accounting records and source documents shall be retained by the grant recipient for at least three (3) years after expiration of the grant agreement, or until the completion of a Board action and/or resolution of issues which may arise as a result of any litigation, claim negotiation or audit.
4) If an audit reveals that grant funds have not been spent in accordance with the grant agreement, the recipient shall be required to forfeit the unexpended portion of the grant and repay any improperly spent monies, plus interest at the rate the state would have earned on this money had it remained in the Account. Such forfeitures shall revert to the Account.
d) Grant Termination. The Board may terminate any grant in whole, or in part, at any time before the date of completion, whenever it is determined by the Board as a whole, that the recipient has failed to comply with the terms or conditions of the grant agreement. The Board shall notify the recipient within five working days, in writing, of the determination, the reasons for the termination of the grant, and the effective date of termination.
e) Final Report. At the end of each fiscal year during which funds are received, the grant recipient shall submit a final report. The report shall be submitted within 60 days of the end of the fiscal year and include, but not be limited to:
1) A Table of Contents.
2) A brief summary of the objectives of the grant and how these objectives were accomplished.
3) Any findings, conclusions, or recommendations for additional activities which result from the successful completion of the program for the grant year. A statement, if applicable, of future public and/or private support to maintain or further develop the program.
4) A list of contractors who participated, in whole or in part, in the grant program, including the names, addresses and a description of their work.
5) Final Financial Statement for the Program. This report shall provide information that enables the Board to determine the final specific use for all grant funds. It shall indicate all other sources of funds utilized by the program. The report shall also account for all revenues generated by the program.
NOTE

Authority cited: Sections 46205 and 46208 Public Resources Code. Reference: Section 46401, Public Resources Code.
HISTORY

1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 46).
Article 3. Used Oil Collection Demonstration Grant
HISTORY

1. Article 3 (sections 18550-18551) repealed by operation of Government Code section 11346.1(g) (Register 93, No. 15).
Article 4. General Provisions
HISTORY

1. Article 4 (sections 18552-18554) repealed by operation of Government Code section 11346.1(g) (Register 93, No. 15).
Article 5. Grants
HISTORY

1. Article 5 (sections 18555-18561) repealed by operation of Government Code section 11346.1(g) (Register 93, No. 15).
Chapter 7.2. Playground Safety and Recycling Act Grant Program
Article 1. General
§18570. Authority and Purpose.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811, 115812, 115813, 115814, 115815 and 115816, Health and Safety Code.
HISTORY

1. New chapter 7.2 (articles 1-5, sections 18570-18580) article 1 (section 18570) and section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register 2000, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-8-2000 or emergency language will be repealed by operation of law on the following day.
2. New chapter 7.2 (articles 1-5, sections 18570-18580) article 1 (section 18570) and section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Register 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-9-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 15).  
4. New chapter 7.2 (articles 1-5, sections 18570-18580), article 1 (section 18570) and section filed 4-11-2001 as an emergency; operative 4-11-2001 (Register 2001, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-2001 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 35).
Article 2. Definitions
§18571. Definitions.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115725, 115730, 115735, 115810, 115811, 115812 and 115813, Health and Safety Code; Sections 21067 and 42002, Public Resources Code; and Section 12200, Public Contract Code.
HISTORY

1. New article 2 (section 18571) and section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register 2000, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-8-2000 or emergency language will be repealed by operation of law on the following day.
2. New article 2 (section 18571) and section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Register 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-9-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 15).  
4. New article 2 (section 18571) and section filed 4-11-2001 as an emergency; operative 4-11-2001 (Register 2001, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-2001 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 35).
Article 3. Eligible Local Public Agencies and Eligible Projects
§18572. Eligible Local Public Agencies.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code.
HISTORY

1. New article 3 (sections 18572-18573) and section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register 2000, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-8-2000 or emergency language will be repealed by operation of law on the following day.
2. New article 3 (sections 18572-18573) and section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Register 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-9-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 15).  
4. New article 3 (sections 18572-18573) and section filed 4-11-2001 as an emergency; operative 4-11-2001 (Register 2001, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-2001 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 35).
§18573. Eligible Projects.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115730 and 115813, Health and Safety Code.
HISTORY

1. New section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register 2000, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-8-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Register 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-9-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 15).  
4. New section filed 4-11-2001 as an emergency; operative 4-11-2001 (Register 2001, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-2001 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 35).
Article 4. Selection Process
§18574. Allocation of Funds.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code.
HISTORY

1. New article 4 (sections 18574-18576) and section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register 2000, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-8-2000 or emergency language will be repealed by operation of law on the following day.
2. New article 4 (sections 18574-18576) and section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Register 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-9-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 15).  
4. New article 4 (sections 18574-18576) and section filed 4-11-2001 as an emergency; operative 4-11-2001 (Register 2001, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-2001 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 35).
§18575. Criteria.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code.
HISTORY

1. New section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register 2000, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-8-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Register 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-9-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 15).  
4. New section filed 4-11-2001 as an emergency; operative 4-11-2001 (Register 2001, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-2001 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 35).
§18576. Requests Exceeding Funds.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code.
HISTORY

1. New section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register 2000, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-8-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Register 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-9-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 15).  
4. New section filed 4-11-2001 as an emergency; operative 4-11-2001 (Register 2001, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-2001 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 35).
Article 5. Grant Amount and Eligible Costs
§18577. Grant Amount.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Section 115813, Health and Safety Code.
HISTORY

1. New article 5 (sections 18577-18580) and section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register 2000, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-8-2000 or emergency language will be repealed by operation of law on the following day.
2. New article 5 (sections 18577-18580) and section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Register 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-9-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 15).  
4. New article 5 (sections 18577-18580) and section filed 4-11-2001 as an emergency; operative 4-11-2001 (Register 2001, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-2001 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 35).
§18578. Eligible Costs.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code.
HISTORY

1. New section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register 2000, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-8-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Register 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-9-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 15).  
4. New section filed 4-11-2001 as an emergency; operative 4-11-2001 (Register 2001, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-2001 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 35).
§18579. Ineligible Costs.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115730, 115810, 115811 and 115813, Health and Safety Code.
HISTORY

1. New section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register 2000, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-8-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Register 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-9-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 15).  
4. New section filed 4-11-2001 as an emergency; operative 4-11-2001 (Register 2001, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-2001 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 35).
§18580. Payments.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code.
HISTORY

1. New section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register 2000, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-8-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Register 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-9-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 15).  
4. New section filed 4-11-2001 as an emergency; operative 4-11-2001 (Register 2001, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-2001 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 35).
Chapter 8. Used Oil Recycling Program
Article 1. General Provisions  and Definitions
§18600. Introduction.
Note     •     History

For the purposes of this Chapter, both the question and answer in each section have regulatory effect for implementation and enforcement. This Chapter has been adopted by the California Integrated Waste Management Board pursuant to and for the purpose of implementing the California Oil Recycling Enhancement Act, Sections 48600 through 48691 of the Public Resources Code. Nothing in this Chapter is intended to limit the authority of any other state or local agency in its proper exercise of regulatory authority over oil manufacturers, used oil haulers, or used oil recycling facilities.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48600, 48630 and 48680, Public Resources Code.
HISTORY

1. New chapter 8 (sections 18600-18675, not consecutive, articles 1-7) filed 10-23-78; effective thirtieth day thereafter (Register 78, No. 43).
2. Repealer of chapter 8 (articles 1-7, sections 18600-18675, not consecutive) and new chapter 8 (articles 1-6, sections 18600-18654, not consecutive) filed 12-22-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 1).
. The reorganization of Chapter 8 is being printed as a repealer and adoption for clarity.
3. Repealer and new section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18601. Definitions.
Note     •     History

(a) In addition to the definitions provided in the Public Resources Code, the following definitions shall apply whenever the terms are used in this Chapter.
(1) “Act” means the California Oil Recycling Enhancement Act as described in Division 30, Part 7, Chapter 4 of the Public Resources Code.
(2) “Annual report” means a report that is submitted to the Board by each grant recipient beginning on the first January 1 after receiving a block grant and on or before January 1 thereafter for the term of the grant agreement, and as defined in Section 48674 of the Public Resources Code.
(3) “Anonymously donated” means delivered to a used oil collection center under circumstances which prevent identification of the generator, such as delivery after hours.
(4) “Block grant” means an award of funds from the California Used Oil Recycling Fund to a local agency which is based on the evaluation of an applicant's used oil collection program submitted pursuant to Section 48690 of the Public Resources Code.
(5) “Block grant account” means monies available for block grants to local governments as described in Section 48653(a)(4) of the Public Resources Code.
(6) “Board” means the California Integrated Waste Management Board.
(7) “CIWMB Oil manufacturer registration number” means the registration number provided by the Board or its designee to all oil manufacturers. All oil manufacturers must obtain a registration number from the Board prior to submitting reports to the Board.
(8) “Curbside collection program” means a service which collects used oil from households on a monthly or more regular basis, and which may collect other recyclable materials, including but not limited to newspaper, glass containers, aluminum cans, and bi-metals.
(9) “Department” means the Department of Toxic Substances Control.
(10) “Fee” means the $0.16 per gallon fee that oil manufacturers must pay to the Board for each gallon of lubricating oil sold, pursuant to Section 48650(a) of the Public Resources Code.
(11) “Fiscal Year” means the year commencing on July 1 and ending on June 30 of each year.
(12) “Generator” means any entity which generates used oil or causes a used oil hauler to transport such oil.
(13) “Generator category” includes:
(A) Collection station (i.e., service station, shop, garage, recycling center, curbside recycling operation)
(B) Industrial source
(C) Marine source
(D) Agricultural source
(E) Governmental source
(F) Outside California
(G) Other Haulers
(14) “Grant Agreement” means the written document, and any amendment(s) and written change orders thereto, which is signed by the Board or by its designated representative and the grant recipient, which defines the terms, provisions and conditions governing a block grant.
(15) “Grant Recipient” means the local agency which receives a block grant from the Board.
(16) “Grant Year” means the time period in which the grant application submittal, evaluation, selection, and award distribution will occur. The time period will begin on the first day of July in one year and end on June 30 of the next calendar year.
(17) “Incentive claim/report” means the formal request for payment of incentive fees on used lubricating oil either used to generate electricity by an electric utility, or transported by a used oil hauler to a certified used oil recycling facility or to an out-of-state facility registered with the U.S. EPA and in compliance with the regulations of the state in which the facility is located. The incentive claim/report is designed to satisfy the report requirements described in Public Resources Code Section 48670.
(18) “Industrial oil”, as it is defined in Public Resources Code, Section 48616, includes, but is not limited to, any compressor, turbine, or bearing oil, hydraulic oil, metal-working oil, or refrigeration oil. Industrial oil does not include di-electric fluids.
(19) “Internal combustion engine” includes engines powered by gasoline, methanol, alcohol fuels, diesel, compressed natural gas, propane or butane.
(20) “Local agency” means a public entity which is a city, county, or district, or any political subdivision but not the State.
(21) “Lubricating oil”, as it is defined in Public Resources Code, Section 48618, includes any oil which is intended for use in machinery powered by an internal combustion engine. Lubricating oil includes oil intended for use in an internal combustion engine crankcase, transmission, gearbox, or differential in an automobile, bus, truck, vessel, plane, train, heavy equipment, or other machinery powered by an internal combustion engine. Lubricating oil also includes consumer additives which are intended to be mixed with lubricating oils in an internal combustion engine and synthetic lubricating oils. Lubricating oil does not include oil intended for use in a 2-cycle engine where the oil is entirely consumed during usage.
(22) “Manifest” means a uniform hazardous waste manifest as defined in Section 25160 of the Health and Safety Code, which is hereby incorporated by reference.
(23) “Modified Manifest Receipt” means the receipt completed for each generator and attached to the manifest pursuant to Section 25250.8(b)(3) of the Health and Safety Code, which is hereby incorporated by reference.
(24) “Must” means a provision is mandatory.
(25) “Oil manufacturer” as it is defined in Section 48619 of the Public Resources Code, means the first person or entity in California to take title to lubricating or industrial oil for sale, use or transfer in California. For purposes of this chapter a person or entity who first takes title to lubricating or industrial oil from an out-of-state entity, for purposes of sale or distribution, is the oil manufacturer.
(26) “Operator” means the person or entity responsible for the handling and collection of used oil at a certified used oil collection center, curbside collection program, private business, state or local governmental agency, nonprofit organization, or electric utility.
(27) “Patron” means the person or entity delivering used oil to a certified collection center for storage and transportation to a recycling facility.
(28) “Quarter” means a three month period during a calendar year. For each year, the first quarter commences January 1 and ends March 31, the second quarter commences April 1 and ends June 30, the third quarter commences July 1 and ends September 30, and the fourth quarter commences October 1 and ends December 31, all inclusive.
(29) “Recycling Incentive” means the amount the Board pays for each quart of lubricating oil recycled, to every industrial generator, curbside collection program, certified used oil collection center, or electric utility pursuant to Sections 48651(a) and (b) of the Public Resources Code.
(30) “Regional” means any geographic area which includes two or more local agencies.
(31) “Used lubricating oil generated by a certified used oil collection center” means used lubricating oil generated on-site by the certified used oil collection center. It does not include used oil generated by an entity other than the center, except used oil delivered by the public in quantities of no more than 20 gallons per person per day.
(32) “Used oil collection program” means a program undertaken by a local agency to encourage the collection, recycling, and proper disposal of used oil generated at households. A used oil collection program includes but is not limited to, integration of used oil collection into an existing curbside collecting program, household hazardous waste program, and a public education and awareness program to promote opportunities for, and to educate the public as to the benefits from, recycling of used oil.
(33) “Used oil storage facility” means a hazardous waste facility which stores used oil, as defined in Section 25123.3(a) of the Health and Safety Code.
(34) “Used oil transfer facility” means a hazardous waste transfer facility that either stores used oil for periods greater than 144 hours, or that transfers used oil from one container to another as defined in Section 25123.3(c) of the Health and Safety Code.
(35) “U.S. EPA” means the United States Environmental Protection Agency.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48601, 48616, 48618, 48619, 48651, 48660, 48670, 48674, 48690 and 48691, Public Resources Code.
HISTORY

1. Repealer and new section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
2. Amendment of section and Note filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on the following day.
3. Certificate of Compliance as to 8-20-92 order with amendment of subsections (a)(5)(G) and (H), (a)(12) and (a)(15)-(16) transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
4. Editorial correction amending subsection (a)(12) and History 3 (Register 93, No. 28).
5. Certificate of Compliance as to 1-21-93 order including repealer and new subsection (a)(3), amendment of subsections (a)(7) and (a)(15), new subsection (a)(30) and subsection renumbering transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
6. Amendment of section and Note filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
Article 2. General Recordkeeping Requirements
§18610. Scope and Applicability.
Note     •     History

The regulations contained in this Article set forth recordkeeping requirements with which oil manufacturers, used oil haulers, and operators of used oil recycling facilities must comply.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48631(d), 48671, 48672 and 48673, Public Resources Code.
HISTORY

1. New article heading and section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18611. Will the Board Examine My Books and Records to Determine Whether I Comply with These Regulations?
Note     •     History

(a) Yes. The Board, or persons authorized by the Board, may conduct examinations of the books and records of oil manufacturers, used oil haulers, and operators of used oil recycling facilities, for the purposes of determining compliance with the provisions of the Act. Nothing herein shall limit the authority of the Board pursuant to the Act to audit, examine, review, inspect, or otherwise determine the compliance of any person with the Act.
(b) An examination is a review or inspection of any books or records or other documentation of sales or transfers of new or used lubricating or industrial oil. Such reviews may include verification of measurements or procedures regarding reporting, payments and other activities related to the Act.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48657, 48671, 48672 and 48673, Public Resources Code.
HISTORY

1. Repealer  of article heading and section and new section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18612. Are the Reports and Information that I Submit to the Board Public Documents?
Note     •     History

(a) All information obtained by the Board, or persons authorized by the Board may be disclosed to the public upon request, unless the information is exempt from disclosure pursuant to the Act, the Public Records Act (Government Code Section 6250 et seq.), or other applicable law. Information exempt from public disclosure may include, but is not limited to, proprietary information concerning specific sales or purchases of new or used lubricating or industrial oil; market reports; personal financial data; and trade secrets which the reporter has requested not be publicly disclosed.
(b) If you believe that any information submitted to the Board is a trade secret, you must identify this information at the time of submission. Any information not identified by you as a trade secret shall be made available to the public, unless exempted from disclosure by another provision of law.
(c) Regarding trade secrets, the Board shall determine whether any or all of the information has been properly identified as a trade secret.
(d) Upon receipt of a written request for records pertaining to information obtained by the Board pursuant to this Chapter, the Board shall determine whether the requested information is exempt from disclosure.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48675, Public Resources Code.
HISTORY

1. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18613. Articles 3, 4, and 5 of this Chapter Describe Specific Records that I Must Maintain. How Must I Maintain These Records?
Note     •     History

Any records which you are required to maintain pursuant to this Chapter or the Act must be kept in accordance with the following provisions:
(a) You must give the Board notice of the location of your records on or before November 30, 1992. Notice of any change in location, or intent to establish a new location of such records, must be provided no less than 10 days prior to any change in location or establishment of a new location. Notice shall mean written notice stating the name of the business entity, the complete present and potential future addresses of the location of the records, if applicable, and the names and telephone numbers of the individuals responsible for such records.
(b) Oil manufacturers must maintain records for at least four years. Used oil haulers and used oil recycling facilities must maintain records for at least three years.
(c) All records maintained pursuant to this Chapter must include the books of account that are ordinarily maintained by the average prudent businessperson engaged in the same activity, together with all bills, receipts, invoices, manifests, cash register tapes, or other documents of original entry supporting the entries in the books of account. An Automatic Data Processing (ADP) system must have built into its program a method of producing visible and legible records which will provide the necessary information to determine compliance with the requirements of this Chapter.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48657, 48671, 48672 and 48673, Public Resources Code.
HISTORY

1. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18614. Articles 3, 4, and 5 of this Chapter Contain Specific Reporting Requirements. How Do I Submit Reports, Notices, and Applicable Supporting Documents to the Board?
Note     •     History

(a) Except where specifically provided otherwise, any reports and notices must be prepared and submitted in the form designated by the Board. Oil manufacturer reports must include the information specified in Section 18622 of this Chapter. Used oil hauler reports must include the information specified in Section 18634 of this Chapter. Operators of used oil recycling facilities must include the information specified in section 18642 of this Chapter. Only notices and reports containing such information and bearing an original signature pursuant to (c)(4), below, will be acceptable.
(b) Reports, notices, and applicable supporting data must be accurate, complete, and typed or legibly handwritten in English.
(c) All reports to the Board must contain all of the following information:
(1) The full name, address, and identification number of the person preparing the report;
(A) For used oil hauler and used oil recycling facility reports, the identification number will be the U.S. EPA Identification number.
(B) For oil manufacturer reports, the identification number will be the Oil Recycler Fee Permit Number as issued by the Board or its representative.
(C) If an entity preparing the report has no EPA Identification number or Oil Recycler Fee Permit Number, an identification number must be obtained from the Board upon written request.
(2) The name and telephone number of a contact person for purposes of the report;
(3) The reporting period, if applicable, and date of preparation of the report;
(4) The signature and title of the representative of the entity authorized to prepare the report. The signature block must state that the information ion the report is correct to the best knowledge and belief of the person submitting the report;
(5) The date of signing of the report.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48671, 48672 and 48673, Public Resources Code.
HISTORY

1. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18614.1. What If My Report Does Not Contain All of the Information Required by Section 18614 of this Article?
Note     •     History

The Board will reject your report if it fails to comply with the reporting requirements of Section 18614. Any such rejection shall not extend any applicable due date or time period.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48671, 48672 and 48673, Public Resources Code.
HISTORY

1. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18615. When are Reports Due to the Board?
Note     •     History

Report due dates are discussed in this Chapter as follows: in Section 18622 for oil manufacturers, Section 18634 for used oil haulers, and Section 18642 for used oil recycling facilities.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a), 48671, 48672 and 48673, Public Resources Code.
HISTORY

1. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18616. On What Date is a Report, Complaint, Payment, Notice or Other Information Considered to be Submitted to the Board?
Note     •     History

Reports, complaints, payments, notices and other information will be considered submitted to the Board on the postmarked date if deemed complete by the Board.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a), 48671, 48672 and 48673, Public Resources Code.
HISTORY

1. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order with amendment transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
Article 2.1. Recordkeeping, Auditing, and Administrative Actions for Entities Claiming Recycling Incentives
§18619.1. Scope and Applicability.
Note     •     History

The regulations contained in this Article set forth recordkeeping requirements with which certified used oil collection centers, industrial generators, curbside collection programs, and electric utilities wishing to claim recycling incentives must comply.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48631(d), 48660, 48670 and 48680, Public Resources Code.
HISTORY

1. New article 2.1 (sections 18619.1-.5) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18619.2. Will The Board Examine My Books, Records, and Operations to Determine Whether I Am in Compliance With The Program Requirements?
Note     •     History

(a) Yes. An operator of a certified or registered program shall provide access to the Board or persons authorized by the Board for any one or all of the following purposes:
(1) To determine compliance with the provisions of the Act and this Chapter;
(2) To determine the accuracy of any information provided to the Board;
(3) For the investigation of complaints related to compliance with the provisions of the Act and this Chapter; or
(4) To inspect any records required by the Act or this Chapter.
(b) An applicant for certification or registration shall provide access to the Board or persons authorized by the Board for the purposes listed in subparts (a)(1), (a)(2), and (a)(4) of this Section.
(c) Failure to provide access, as required, may result in one or more of the following:
(1) Denial of a pending application;
(2) Cancellation of a certification or registration, or denial of a recertification request;
(3) Legal actions pursuant to Public Resources Code Section 48680;
(4) Recoupment of monies previously paid by the Board, which were the subject of the inspection; or
(5) Rejection of incentive claims made to the Board.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48631(d), 48660, 48670 and 48680, Public Resources Code.
HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18619.3. How Must Records Be Maintained to Satisfy The Requirements of This Chapter?
Note     •     History

(a) Any records which you are required to maintain pursuant to this Chapter or the Act must be kept in accordance with the following provisions:
(1) You must give the Board notice of the location of your records on or before April 1, 1993, or upon certification or registration pursuant to Articles 6 and 6.1 of this Chapter, respectively. “Notice” of any change in location, or intent to establish a new location of such records, must be provided no less than ten (10) days prior to any change in location or establishment of a new location. “Notice” shall mean a written notice stating the name of the business entity, the complete present and potential future addresses of the location of the records, if applicable, and the names and telephone numbers of the individual(s) responsible for such records.
(2) Records must be retained for at least three years.
(3) All records maintained pursuant to this Chapter must include the books of account that are ordinarily maintained by the average prudent businessperson engaged in the same activity, together with all bills, receipts, invoices, manifests, cash register tapes, or other documents of original entry supporting the entries in the books of account. If records are maintained in an Automatic Data Processing (ADP) system, it must have built into its program a method of producing visible and legible records which will provide the necessary information to determine compliance with the requirements of this Chapter. 
(4) All records maintained pursuant to this Chapter shall be suitable for examination. Records satisfy this standard when they are prepared and retained in accordance with generally accepted accounting principles and good business practice.
NOTE

Authority cited: Sections 40502 and 48651, Public Resources Code. Reference: Sections 48631(d), 48660, 48670 and 48680, Public Resources Code.
HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18619.4. Are the Reports and Information That I Submit to the Board Public Documents?
Note     •     History

(a) All information obtained by the Board, or persons authorized by the Board, may be disclosed to the public upon request, unless the information is exempt from disclosure pursuant to the Act, the Public Records Act (Government Code Section 2650 et. seq.), or another applicable law. Information exempt from public disclosure may include, but is not limited to: proprietary information concerning specific sales or purchases of new or used lubricating or industrial oil; market reports; personal financial data; and trade secrets, as defined in the Public Resource Code, which the reporter has requested not be publicly disclosed.
(b) If you believe that any information submitted to the Board is a trade secret, you must identify this information at the time of submission. Any information not identified by you as a trade secret shall be made available to the public, unless exempted from disclosure by another provision of law.
(c) Regarding trade secrets, the Board shall determine whether any or all of the information has been properly identified as a trade secret.
(d) Upon receipt of a written request for records pertaining to information obtained by the Board pursuant to this Chapter, the Board shall determine whether the requested information is exempt from disclosure.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48675, Public Resources Code.
HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18619.5. What Happens If My Certified or Registered Used Oil Collection Program Is Not In Compliance With the Requirements of the Act or of This Chapter?
Note     •     History

Violations of the Act or any regulation contained in this Chapter may be subject to the provisions of Section 48680 of the Public Resources Code.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48631(d), 48660 and 48680, Public Resources Code.
HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
Article 3. Oil Manufacturers
§18620. Applicability.
Note     •     History

In addition to the general requirements of this Chapter, oil manufacturers must comply with the provisions of this Article.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48671, Public Resources Code.
HISTORY

1. New article heading and section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18621. As an Oil Manufacturer, What Records Am I Required to Maintain?
Note     •     History

Beginning May 1, 1992, you must maintain records of all industrial oil sold in California and all lubricating oil sold in California which is not exempt from payment of the fee pursuant to Section 48650 of the Public Resources Code. Records must include:
(a) the amount, in gallons, of lubricating oil sold monthly;
(b) the amount, in gallons, of industrial oil sold monthly.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48671, Public Resources Code.
HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18622. As an Oil Manufacturer, What Reports Must I Submit to the Board?
Note     •     History

All oil manufacturers must prepare and submit to the Board a report in accordance with the general requirements for reporting contained in section 18614 of this Chapter.
(a) You must submit a report for the period between May 1, 1992, and September 30, 1992, which includes:
(1) the amount, in gallons, of lubricating oil sold monthly in California;
(2) the amount, in gallons, of industrial oil sold monthly in California. This report is due to the Board by January 31, 1993.
(b) For the quarter beginning October 1, 1992, and each following quarter, you must submit reports which include:
(1) the amount, in gallons, of lubricating oil sold monthly in California;
(2) the amount, in gallons, of industrial oil sold monthly in California;
(3) the total amount of fees due pursuant to Section 48650 of the Public Resources Code.
(A) you must calculate the total amount of fees due by multiplying the number of gallons of lubricating oil sold during the quarter by $0.16 per gallon.
Reports must be submitted to the Board on or before the last day of the month following each quarter, as defined in Section 18601 of this Chapter. For example, lubricating oil sold during the quarter commencing October 1 and ending December 31 must be reported by January 31.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a) and (b) and 48671, Public Resources Code.
HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order with amendment of subsections (a)(2) and (b) transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18623. What Date is Considered the Date of Sale?
Note     •     History

The date of sale of lubricating or industrial oil is the date of receipt by the purchaser, as evidenced by an invoice.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a) and (b), Public Resources Code.
HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order with amendment transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18624. How Should Payments be Made to the Board and When Are They Due?
Note     •     History

(a) All payments made pursuant to Sections 48650(a) and (b) of the Public Resources Code must accompany the report submitted pursuant to Section 18622 of this Chapter. Payments received after the due date of this report shall be deemed late.
(b) All payments must be reported and recorded in currency of the United States of America (“U.S. dollars”). All payments to the Board must be made in U.S. dollars and made by either check, draft, money order or cashier's check payable to the State of California, Integrated Waste Management Board or an entity designated by the Board to collect payments.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a) and (b) and 48671, Public Resources Code.
HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18625. How Do I Notify Those Who Purchase Lubricating Oil From Me That the Fee Has Been Paid?
Note     •     History

You must inform your customers that the fee has been paid by one of the following methods:
(a) A sales invoice or a contract which clearly states that the fee is included in the invoiced or contracted amount;
(b) Documentation showing that the fee has been paid to the Board.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48650(a) and (b), Public Resources Code.
HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
Article 3.1 Exemptions
§18626. Exemption Certificates.
Note     •     History

(a) Scope and Applicability. All sales or transfers of lubricating oil in the state by an oil manufacturer are subject to the oil recycling fee unless exempted.
(b) Exemption from Responsibility for the Oil Recycling Program Fee. A seller is exempt from responsibility for the oil recycling fee when the purchaser certifies in writing, in a timely manner, to the seller that the lubricating oil purchased will be used in an exempt manner as provided in PRC section 48650. To be considered timely, an exemption certificate shall be given:
(1) At any time before the seller bills the purchaser for the lubricating oil; or
(2) At any time within the seller's normal billing and payment cycle; or
(3) Any time at or prior to delivery of the subject oil to the purchaser.
Exemption certificates are valid until there is a change in the use of the oil as described in the certificate. The purchaser is responsible for submitting a revised exemption certificate prior to any change in use of the oil purchased.
(c) Liability for the Fee for Other Uses If a purchaser certifies in writing to a seller that the lubricating oil purchased will be used in an exempt manner, as provided in PRC section 48650(b), and instead uses the lubricating oil in some manner which is not exempt, the purchaser shall be liable for payment of the oil recycling fee as if the purchaser were the first person or entity to take title to the lubricating oil for sale, use, or transfer in this state. The fee will apply at the time of the sale, use or transfer by the purchaser.
(d) Form of Exemption Certificates.
(1) All purchasers qualifying for an exemption must provide certification as follows: 
(A) the name and address of the purchaser;
(B) the purchaser's CIWMB oil manufacturer registration number;
(i) if the purchaser is not required to hold an oil manufacturer registration number, a statement to that effect and the reasons;
(C) a description of the lubricating oil purchases associated with the certificate, including the number of gallons;
(D) a statement describing the exempt use of the lubricating oil pursuant to the exemptions described in PRC section 48650(b);
(E) date;
(F) signature of the purchaser.
(2) Submission to the Board of form CIWMB 36 “State of California Oil Recycling Program Fee Exemption Certificate” (rev. 11/94), which is incorporated herein by reference, will satisfy the requirements of part d(1), above. (See Appendix A.)
(e) “Qualified” Fee Exemption Certificates. Purchasers may issue “Qualified” Fee Exemption Certificates if a portion of the total oil purchased is to be used in an exempt manner. In these cases, the CIWMB Fee Exemption Certificate Form Number 36 (rev. 11/94) requires that a purchase order be attached. Each purchase order must indicate that the oil is purchased for exempt use. If a purchase order does not so specify, it will be presumed that the oil purchased is to be used in a nonexempt manner, and is subject to the fee.
(f) Untimely Exemption Certificates. An exemption certificate which is not issued in a timely manner is not retroactive, and will not relieve the seller of the responsibility for the fee, unless the seller presents satisfactory evidence that (1) the specific oil was used in an exempt manner or (2) that the fee was paid to the state by the purchaser.
(g) Good Faith. A seller will be presumed to have been issued a certificate in good faith in the absence of evidence to the contrary. A seller will not be relieved of the responsibility for the oil recycling fee if it knew, or should have known, that the lubricating oil would not be used by the purchaser in an exempt manner.
(h) Penalties for Improper Use of an Exemption Certificate. Civil penalties, as described in Public Resources Code (PRC) section 48680, may be assessed if there is unauthorized issuance or use of an Exemption Certificate.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650 and 48680, Public Resources Code.
HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. Renumbering of former section 18626 to section 18626.99 and new article 3.1, section and CIWMB form 36 filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
3. Change without regulatory effect  amending subsection (d)(2) and moving form to section 18831, appendix A filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
§18626.99 Certificate of Registration.
Note     •     History

NOTE

Authority cited: Section 3470(b), Public Resources Code. Reference: Sections 3470(b) and (c), Public Resources Code.
HISTORY

1. Renumbering of former section 18626 to section 18626.99 filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§18627. Refund of Lubricating Oil Payment.
Note     •     History

Any person who has made the lubricating oil payment on oil which is later sold or used for an exempt purpose pursuant to PRC section 48650, may request a refund. For this chapter, an exempt purpose shall include lubricating oil that is subsequently sold to an agency of the Federal Government and on which the payment was not made by that agency. The request for a refund must include the information in Section 18613 of this chapter.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a) and (b), 48671 and 48680, Public Resources Code.
HISTORY

1. Change without regulatory effect adding section filed 3-13-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 11).
Article 4. Used Oil Haulers
§18630. Scope and Applicability.
Note     •     History

In addition to the general requirements of Article 2 of this Chapter, used oil haulers must comply with the provisions of this Article.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48672, Public Resources Code.
HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New article heading and section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order with amendment of article heading transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18631. As a Used Oil Hauler, What Records Am I Required to Maintain?
Note     •     History

You must keep all manifests and modified manifest receipts as described in Section 25250.8 of the Health and Safety Code and Section 66263.22 of Title 22 of the California Code of Regulations. These documents must be made available to the Board for examination pursuant to Section 18611 of this Chapter. These records must be maintained in accordance with the general requirements set forth in Section 18613 of this Chapter, in addition to any recordkeeping requirements of the Department of Toxic Substances Control.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48672, Public Resources Code.
HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18632. What Specific Information Am I Required to Include on Each Modified Manifest Receipt?
Note     •     History

In addition to the information required by Section 25250.8 of the Health and Safety Code, you must include the following information on each modified manifest receipt:
(a) the generator category of the entity generating the used oil, as defined in Section 18601 of this Chapter;
(b) an estimate of the amount, in gallons, of lubricating oil and the amount, in gallons, of industrial oil collected from the generator.
(1) To obtain an estimate, you must ask each generator to provide an approximation of the amount of used lubricating oil and the amount of used industrial oil being collected.
(2) If the generator fails to provide you with an estimate of the amount of lubricating versus industrial oil, you must use your best judgment to provide an estimate based upon your knowledge, if any, of the types of machinery used by the generator.
(3) You will not be held liable for the accuracy of estimates made pursuant to (1) and (2), above.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48672, Public Resources Code.
HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18633. Am I Required to Provide Any Specific Information to the Recipients of the Used Oil I Deliver?
Note     •     History

Yes. Used oil haulers must provide the recipients of their used oil (i.e., a used oil transfer facility, a used oil storage facility, or a used oil recycling facility) with either:
(a) a receipt containing the following information for each delivery:
(1) the manifest number;
(2) an estimate of the amount, in gallons, of lubricating oil and the amount, in gallons, of industrial oil contained in the delivery; or
(b) an estimate in box 11 or box 15 of the Uniform Hazardous Waste Manifest, of the amount, in gallons, of lubricating oil and the amount, in gallons, of industrial oil contained in the delivery.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48672 and 48673, Public Resources Code.
HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order with amendment of subsections (a) and (b) transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18634. As a Used Oil Hauler, What Reports Must I Submit to the Board?
Note     •     History

All used oil haulers must prepare and submit to the Board a report in accordance with the general requirements for reporting contained in Section 18614 of this Chapter.
(a) All reports must be submitted to the Board no later than 10 days after the end of each quarter, as defined in section 18601 of this Chapter. For example, used oil transported during the quarter commencing July 1 and ending September 30 must be reported by October 31, and used oil transported during the quarter commencing October 1 and ending December 31 must be reported by January 31.
(b) Reports must contain all of the following information for the used oil that you collected during the reporting period:
(1) an estimate, by generator category, of the total amount, in gallons, of lubricating oil collected and transported;
(2) an estimate, by generator category, of the total amount, in gallons, of industrial oil collected and transported;
(3) the sum total, in gallons, of all used lubricating and industrial oil collected and transported;
(4) if you are also the operator of a used oil transfer facility or a used oil storage facility, indicate the amount of used oil included in this report which was, or will be, to the best of your knowledge, reported to the Board by another hauler;
(5) a listing of all the locations to which you transported used oil during the reporting period, including used oil transfer facilities, used oil storage facilities, and used oil recycling facilities. For each location, you must specify the name of the entity, the street address, the mailing address, the telephone number, and the U.S. EPA Identification Number.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48672, Public Resources Code.
HISTORY

1. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order with amendment of subsection (a) transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
Article 5. Used Oil Recycling Facilities
§18640. Scope and Applicability.
Note     •     History

In addition to the general requirements of Article 2 of this Chapter, used oil recycling facilities, as defined in Section 48624 of the Public Resources Code, shall comply with the provisions of this Article. 
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48624, 48662 and 48673, Public Resources Code.
HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New article heading and section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section and Note filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on the following day.
4. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
5. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18641. As the Operator of a Used Oil Recycling Facility, What Records Am I Required to Maintain?
Note     •     History

You must maintain the following records in accordance with the general requirements set forth in Section 18613 of this Chapter.
(a) Manifests, maintained pursuant to Section 66264.71(a)(6) of Title 22 of the California Code of Regulations, must be made available for examination pursuant to Section 18611 of this Chapter.
(b) For each delivery received, you must estimate the amount, in gallons, which is used lubricating oil and the amount which is used industrial oil. You may obtain an estimate of these amounts from the used oil hauler delivering the used oil pursuant to Section 18633 of this Chapter.
(c) You must maintain records of the amount of used oil processed at your facility. These records must include:
(1) the amount, in gallons, of recycled oil produced. For purposes of this section, recycled oil includes used oil which is prepared for reuse, as it is defined in the Section 25250.1 of the Health and Safety Code, including used oil which is:
(A) re-refined as motor vehicle oil;
(B) re-refined as industrial oil;
(C) processed into fuel oil;
(D) processed into asphalt;
(E) consumed in the process of preparing it for reuse, including being burned for energy recovery;
(2) the amount, in gallons, of used oil transferred to another facility for processing or treatment;
(3) the amount, in gallons, of residual material produced.
For purposes of this section, residual material includes constituents of the used oil which remain after processing, including those:
(A) produced as a nonhazardous waste (e.g., water);
(B) produced as a hazardous waste;
(C) other.
If “other” is indicated, you must indicate the specific residual material produced.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48673, Public Resources Code.
HISTORY

1. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18642. As an Operator of a Used Oil Recycling Facility, What Reports Must I Submit to the Board?
Note     •     History

(a) You must prepare and submit to the Board a report in accordance with the general requirements for reporting contained in Section 18614 of this Chapter.
(b) All reports must be submitted on or before the last day of the month following each quarter, as defined in section 18601 of this Chapter. For example, used oil received and recycled during the quarter commencing July 1 and ending September 30 must be reported by October 31,  and used oil received and recycled during the quarter commencing October 1 and ending December 31 must be reported by January 31.
(c) Your reports must contain all of the following information for the reporting period:
(1) the total amount, in gallons, of used oil received during the reporting period, including:
(A) an estimate of the total amount of lubricating oil received;
(B) an estimate of the total amount of industrial oil received.
(2) the amount of used lubricating and used industrial oil received from:
(A) within California;
(B) outside of California.
If used oil is received from outside of California, the report must include the state or country from which the used oil was received.
(3) the total amount, in gallons, of recycled oil produced by the facility. For purposes of this section, recycled oil includes used oil which is prepared for reuse, as it is defined in the Section 25250.1 of the Health and Safety Code, including used oil which is:
(A) re-refined as motor vehicle oil;
(B) re-refined as industrial oil;
(C) processed into fuel oil;
(D) processed into asphalt;
(E) consumed in the process of preparing it for reuse, including being burned for energy recovery;
(4) the total amount, in gallons, of used oil transferred to another facility for processing or treatment and the name and U.S. EPA Identification number of each facility;
(5) the total amount, in gallons, of residual material produced. For purposes of this section, residual material includes constituents of the used oil which remain after processing, including those:
(A) produced as a nonhazardous waste (e.g., water);
(B) produced as a hazardous waste;
(C) other.
If “other” is indicated, you must indicate the specific residual material produced.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48673, Public Resources Code.
HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order with amendment of subsection (b) transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§18643. Records of Transaction.
Note     •     History

NOTE

Authority cited: Section 3470(b), Public Resources Code. Reference: Section 3468(b), Public Resources Code.
HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
§18643.0. Who May Become a Certified Used Oil Recycling Facility?
Note     •     History

The Board shall consider certifying any used oil recycling facility in California, as defined in Section 48624 of the Public Resources Code.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48624 and 48662, Public Resources Code.
HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed  by operation of  law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Editorial correction adding History 2 (Register 95, No. 19).
§18643.1. Why Should I Become a Certified Used Oil Recycling Facility?
Note     •     History

It is necessary for used oil recycling facilities to become certified because recycling incentives can only be paid to certified used oil collection centers, industrial generators, or curbside collection programs that transport used oil to certified used oil recycling facilities or to an out of state recycling facility as described in Section 48651 of the Public Resources Code. Industrial oil must also be hauled to certified used oil recycling facilities.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code.
HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed  by operation of  law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18643.2. As An Operator of a Used Oil Recycling Facility, Must I Apply For Certification/Recertification of the  Facility?
Note     •     History

No. Once the Board receives a report from the Department following the annual inspection of your facility, the Board initiates the certification/recertification process for your facility.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code.
HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed  by operation of  law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18643.3. How Does The Board Certify or Recertify a Used Oil Recycling Facility?
Note     •     History

(a) Following the annual inspection of a used oil recycling facility pursuant to Section 48661 of the Public Resources Code, the Department forwards an inspection report of the facility to the Board.
(b) Within a minimum of six (6), a median of eight (8), and a maximum of ten (10) working days of receipt of an inspection report for a used oil recycling facility, the Board notifies the operator of the facility in writing that its certification/recertification is being processed.
(c) Within a minimum of twenty-five (25), a median of thirty-five (35), and a maximum of forty-five (45) working days of receipt of the above described inspection report, the Board notifies the operator of the facility in writing that its certification is either:
(1) Approved; or
(2) Denied, and the reasons for denial.
Denial may occur when a facility is engaged in a repeating or recurring pattern of noncompliance that poses a significant threat to public health and safety or the environment. Such a pattern may include violations as described in Public Resources Code Sections 48661 (b) and (c).
(d) If a certification is approved, the Board sends a certificate to the operator of the facility.
(e) In case of denial, the operator of the facility may submit a written request for a Board hearing.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code.
HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed  by operation of  law on the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsections (b), (c), (c)(2) and (e) transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18643.4. As an Operator of a Used Oil Recycling Facility, What Should I Do With the Certificate That the Board Issues to Me?
Note     •     History

(a) The certificate shall be kept on file at the used oil recycling facility. An operator may request that the certificate be kept on file at another location, and the Board may grant approval of such request when the request is submitted in writing and the following conditions are met:
(1) A copy of the certificate with a statement indicating where the original certificate is maintained is kept at the recycling facility; and
(2) The original certificate is maintained at the main business office of the operator where records and reports meeting the requirements of Article 5 of these regulations are maintained.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code.
HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed  by operation of  law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18643.5. How Long Is a Certificate Valid?
Note     •     History

(a) A certificate is valid until such time that it is surrendered by the operator, or recertification is denied pursuant to Section 18643.3 of this Article.
(b) A certificate does not expire, and the operator of a used oil recycling facility is not required to submit an application for recertification. Upon receipt of the annual inspection report from the Department, the Board automatically initiates the certification/recertification process for a facility. However, upon evaluating the annual inspection report, the Board may either certify/recertify a used oil recycling facility or deny its certification/recertification pursuant to Section 18643.3 of this Article.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code.
HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed  by operation of  law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18643.6. Is the Certificate Transferrable?
Note     •     History

No. The certificate is neither transferrable nor assignable to any other person. It is issued to a specific operator of a used oil recycling facility for a specific location. The operator of a used oil recycling facility must notify the Board in writing of any change in the operator, location of the facility, or cessation of facility operation. The notification shall be submitted to the Board within sixty (60) calendar days of the change occurring.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code.
HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed  by operation of  law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18643.7. Is There a List of Certified Used Oil Recycling Facilities Available?
Note     •     History

(a) Yes. The Board maintains a current list of certified used oil recycling facilities. The list is available to the public upon request.
(b) The Board also maintains a current list of used oil recycling facilities whose certifications were denied by the Board. This list is also available to the public upon request.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code.
HISTORY

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed  by operation of  law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18644. Annual Report.
Note     •     History

NOTE

Authority cited: Section 3470(b), Public Resources Code. Reference: Section 3468(c), Public Resources Code.
HISTORY

1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
Article 6.0. Used Oil Collection Center Certification and Operation Standards
§18650.0. Scope and Applicability.
Note     •     History

Any person wishing to have a used oil collection center certified by the Board, pursuant to Section 48660 of the Public Resources Code, must comply with the provisions of this Article.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
HISTORY

1. New article 6.0  (sections 18650.0-18651.9)  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§18650.1. Who May Apply for Certification?
Note     •     History

Any operator or proposed operator of a used oil collection center is eligible to apply for certification from the Board. Application for certification of a used oil collection center is optional and is not required by the Act or this Chapter.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of sections transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18650.2. How Do I Apply for Certification?
Note     •     History

(a) A separate, complete application containing the information requested in Section 18650.3, below, for each used oil collection center must be submitted to the Board when requesting certification.
(b) The filing period for applications is continuous.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18650.3. What Information Am I Required to Provide in the Application for Certification?
Note     •     History

(a) To be considered complete, applications shall contain the following information:
(1) A request for either initial certification, or recertification.
(A) If the application is for recertification, it shall include only that information which has changed since the last application for certification was submitted to the Board.
(2) The name, street and mailing address, and phone number (if applicable) of the used oil collection center, and, if different, of the operator.
(3) The type of organization which the operator represents.
(A) If the organization is an individual business doing or proposing to do business under a different name, the applicant shall provide a copy of the fictitious business name statement.
(B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement.
(C) If the organization is a corporation, the applicant shall provide the corporate number as assigned by the Secretary of State.
(D) If the organization is a husband and wife co-ownership, the application shall contain  both names.
(E) If the organization is a local government agency, the applicant shall provide a copy of either an authorizing letter or a resolution from the governing board.
(F) If the operation is a private, nonprofit program, the applicant shall provide verification of nonprofit status. Any one of the following will constitute verification:
1. A copy of a letter from the Federal Internal Revenue Service confirming tax exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code; or
2. A copy of a letter from the State of California Franchise Tax Board confirming tax exempt status pursuant to Section 23701(d) of the Revenue and Taxation Code; or
3. A corporate number as assigned by the Secretary of State.
(4) The federal identification number (employer ID number) of the organization.
(5) A description of the physical location of the facility in relation to the nearest cross street.
(6) If it is a proposed operation, the specific date the center intends to begin accepting used oil from the public at no charge and offering the recycling incentive.
(7) If it is an existing facility, the specific date the center began accepting used oil from the public at no charge and offering the recycling incentive.
(8) The actual days and hours the used oil collection centers is, or will be, open for business.
(9) The actual days and hours the used oil collection center is, or will be, accepting used oil from the public at no charge and offering the recycling incentive.
(10) If applicable, the hazardous waste generator identification number assigned by either the Department of Toxic Substances Control or the U.S. EPA.
(11) Description of operations conducted at the collection center, if any, in addition to the collection of used oil from the public. Description of other materials collected for disposal and/or recycling at the facility.
(12) Total anticipated or actual used oil storage vessel capacity of all storage vessels on site, in gallons.
(13) If the application is for initial certification, a description of the type and frequency of advertising which will be conducted to comply with Section 18651.4 of this Chapter.
(14) If the application is for recertification, a description of the method and frequency of each type of advertising conducted (since the previous application for certification was submitted) to comply with Section 48660(b)(4) of the Public Resources Code and Section 18651.4 of this Chapter. Whenever possible, an example or facsimile of each advertising event should be included.
(15) An indication whether the proposed operator or owner also operates or owns a used oil hauler business, as defined in Public Resources Code Section 48623, or a used oil recycling facility, as defined in Public Resources Code Section 48624.
(16) Identify the company name or individual and address to whom the Board should pay the recycling incentive.
(17) Any other information the Board determines is necessary to aid in a finding of compliance with Public Resources Code Section 48660(b).
(b) The application shall be signed by the applicant(s) as described below, under penalty of perjury. The signature block shall contain an affidavit stating the following: “I certify, under penalty of perjury, that the information contained in this application is true and correct to the best of my knowledge, and that the facility for which this application is being made is currently in compliance with all Federal, State and local requirements.  I certify that the property owner is aware that I am applying to become a certified used oil collection center and will be accepting used oil from the public. I agree to operate in compliance with the requirements of the California Oil Recycling Enhancement Act, and with all related regulatory provisions.”
(1) If the operator is a partnership, the application shall be signed by at least one partner with authority to bind the partnership.
(2) If the operator is a firm, association, corporation, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or the individual with authority to legally bind the entity to a contract.
(3) If the operator is a husband and wife co-ownership, the application shall be signed by both the husband and the wife.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsections (a)(3)(C)1., (a)(3)(F)1.-3., (b) and (b)(3), repealer of subsections (a)(8)-(a)(8)(C) and subsection renumbering, and new subsection (a)(16) transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§18650.4. How Does the Board Process an Application for Certification of a Used Oil Collection Center?
Note     •     History

(a) The Board issues an identification number to all used oil collection centers upon receipt of an application for initial certification.
(b) All applications for certification are reviewed by the Board for compliance with these regulations and with the Act.
(c) The Board will periodically conduct field investigations to verify the ongoing accuracy of information contained in a certification application.
(d) The Board will notify an applicant in writing within a minimum of six (6), a median of eight (8), and a maximum of ten (10) working days of receipt of the application that it is either:
(1) Complete and correct and accepted for further review; or
(2) Incomplete and rejected and the reason(s) for rejection.
(e) Upon determining that an application is complete and correct, the Board shall notify the applicant in writing within a minimum of twenty-five (25), a median of thirty-five (35), and a maximum of forty-five (45) calendar days that certification is either:
(1) Granted; or
(2) Denied and the reason(s) for denial.
(f) If the Board grants certification, the applicant shall receive the written notice, a certificate, and a certification sign.
(g) If the Board denies certification of a used oil collection center, and the applicant wishes a hearing on such denial, a request for hearing must be made to the Board in writing.
(h) Reasons for denial of certification may include, but are not limited to:
(1) Failure to provide information or documentation to substantiate the application as stipulated in Section 18650.3 of this Chapter;
(2) For recertification:
(A) The used oil collection center's certification history demonstrates a pattern of operation in violation of the requirements of the Act, including any relevant regulations;
(B) The used oil collection center's certification history demonstrates outstanding fines, penalties, or unresolved audit findings.
1. If the certification of a used oil collection center is denied, the applicant can reapply for certification at any time.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsections (d) and (h)(2)(A)-(h)(2)(B)1. transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of subsection (f) filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§18650.5. May a Person Withdraw an Application for Certification?
Note     •     History

Yes. An applicant may withdraw an application from review by the Board. Such withdrawal shall be requested in writing and submitted to the Board. A withdrawal of application does not prohibit the operator of a used oil collection center from reapplying at a later date.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18650.6. As the Operator of a Certified Used Oil Collection Center, Might There Ever be an Occasion When I Will Need to Submit a New Application?
Note     •     History

(a) Yes. An operator shall be required to file a new application with the Board in accordance with the requirements of this Chapter when any of the following conditions occur:
(1) A change in the location of the certified used oil collection center; or
(2) A change in the operator of the certified used oil collection center; or
(3) Expiration of the certificate pursuant to Section 18650.8 of this Article.
(b) Because a certificate is not transferrable (see Section 18650.9 of this Article, an application for initial certification must be submitted whenever there is a change in the location or operator of a certified used oil collection center.
(c) An application for initial certification or recertification shall be submitted at least sixty (60) calendar days prior to any of the events listed in (a) above to avoid any loss of incentive payments.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsection (a)(1) transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of subsection (c) filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§18650.61. As the Operator of a Certified Used Oil Collection Center, What Should I Do if I Decide to Cease Collection Center Operations?
Note     •     History

You should notify the Board, in writing, of your intention to cease collection center operations a minimum of thirty (30) days prior to cessation of operation. This written notice should indicate the date the collection center will cease accepting used lubricating oil from the public. Within thirty (30) days of cessation of operation, you must return your certificate and certification sign (if issued by the Board) to the Board.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
HISTORY

1. New section filed 7-6-93; operative 7-6-93 (Register 93, No. 28).
§18650.7. What Should I Do with the Certificate Once I Have Received It?
Note     •     History

(a) The certificate shall be kept on file at the used oil collection center. An operator may request that the certificate be kept on file at another location, and the Board may grant approval of such request when the request is submitted in writing and the following conditions are met:
(1) A copy of the certificate with a statement indicating where the original certificate is maintained is kept at the used oil collection center; and
(2) The original certificate is maintained at the main business office of the operator where records and reports meeting the requirements of this Chapter are maintained.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Editorial correction deleting duplicate, misplaced History 2 (Register 96, No. 16).
§18650.8. When Does My Certificate Expire?
Note     •     History

A certificate shall be valid for two (2) years from the date certification is approved by the Board, or until such time as it is voluntarily surrendered by the operator, denied pursuant to Section 18650.4 of this Chapter, or canceled by the Board pursuant to Section 48660(a) of the Public Resources Code.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18650.9. Is a Certificate Transferrable or Assignable?
Note     •     History

No. The certificate is issued to a specific used oil collection center operator for a specific location and is neither transferrable nor assignable to any other person.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18651.0. What Must I Do with a Certificate Sign Once I Have Received It?
Note     •     History

(a) All certified used oil collection centers shall display a certification sign provided by the Board. The sign shall be in compliance with Public Resources Code Section 48660(b)(4) and will also include the following information:
(1) State of California Certified;
(2) Contaminated oil, or oil suspected of contamination, may not be accepted;
(3) Space for insertion, by operator, of the center operating hours.
(b) The certification sign must be posted in a location easily readable from a public street. The sign may be posted in a different location if requested in writing and approved in writing by the Board.
(c) The certification sign shall not be displayed by any person, company, or other entity not approved for certification by the Board.
(d) The certification sign is the property of the Board and shall be returned to the Board upon surrender, expiration, or cancellation of certification.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of subsection (a), repealer of subsection (a)(2) and subsection renumbering filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§18651.1. What If Local Zoning Ordinances Prevent Posting of the Sign Provided by the Board?
Note     •     History

Where local zoning ordinances do not permit posting of the sign provided by the Board in accordance with Section 18651.0 of this Article, the Section 48660(b)(4) of the Public Resources Code, the collection center operator must petition the Board by submitting a written request describing how the center will meet these requirements. The Board shall notify the center in writing within thirty (30) calendar days of receipt of the petition that its request is either:
(a) Approved; or
(b) Denied and the reasons for denial.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsections (a) and (b) transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18651.2. What Are the Required Operational Procedures for Certified Used Oil Collection Centers?
Note     •     History

(a) Certified used oil collection centers operators shall operate in accordance with all Federal, State and local laws and regulations.
(b) Certified used oil collection centers shall accept used oil from the public at no charge and shall verbally offer to pay persons an amount equal to the recycling incentive the center will receive for the used oil.
(c) Certified used oil collection center operators shall not accept more than twenty (20) gallons of used oil, in containers not larger than five (5) gallons, from a person each day.
(d) Operators of certified used oil collection centers may set a maximum limit for used lubricating oil accepted at certified centers. The maximum limit may not be less than 5 gallons per person per day.
(e) Used oil received from the public may be refused if it is contaminated by materials which render the used oil infeasible for recycling. Certified used oil collection center operators shall provide the name and address of the nearest business or governmental entity which accepts contaminated oil to any member of the public whose used oil is refused due to contamination.
(f) If the collection center accepts used industrial oil in addition to used lubricating oil, it shall maintain a Used Industrial Oil Receipt Log. The Industrial Oil Receipt Log shall include:
(1) Date used industrial oil received; and
(2) Quantity of used industrial oil received, in gallons or quarts.
(g) If the collection center is owned or operated by a used oil hauler or a used oil recycling facility, it shall maintain a Used Oil Receipt Log. The Used Oil Receipt Log shall include:
(1) An entry for each receipt of used oil. This entry shall include:
(A) Printed name and signed name of patron;
(B) Date received;
(C) Quantity of oil received, in gallons or quarts;
(D) Amount of recycling incentive fee paid, if any;
(E) Indication if the oil is lubricating or industrial oil; and
(F) An indication if the used lubricating oil was:
1. From out of state (in which case no incentive payment was made); or
2. Anonymously donated.
(h) Logs must be available for inspection at the collection center, or other location specified in accordance with Section 18650.7 of this Article, during normal business hours. Logs must contain data for the last three-year period.
(i) If the collection center is owned or operated by a used oil hauler or a used oil recycling facility:
(1) The percentage of anonymously donated used lubricating oil received must not exceed ten (10) percent of the total amount received for any quarter.
(2) The Board may refuse to pay the recycling incentive to the center for the amount of anonymously donated used lubricating oil in excess of ten (10) percent of the total amount received for any quarter.
(3) Should a center wish to receive payment of the recycling incentive for a quantity of anonymously donated used lubricating oil in excess of ten (10) percent of the total amount received for any quarter, the center shall petition the Board for approval. Such petition shall be a written request describing why the center is entitled to payment. The Board shall notify the center in writing within thirty (30) calendar days of receipt of the petition that it is either:
(A) Approved, or
(B) Denied and the reasons for denial.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48660(b), 48660(c), 48660(d), and 48670, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsections (a) and (e), new subsections (f)-(f)(1)(F)3, and (h)-(h)(3)(B), and subsection renumbering transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of section and Note filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§18651.3. How Do I Calculate the Amount of Recycling Incentive I Owe to a Person Delivering Used Oil?
Note     •     History

(a) To calculate the payment, multiply the total number of quarts received by the value of the recycling incentive set by the Board. Payment to the patron must be based on a determination of the nearest quart.
(b) A certified used oil collection center shall have available at all times graduated container capable of accurately measuring, in one quart increments, and safely transferring, one liquid gallon. The graduated container shall be used for measurement if the amount of oil brought in by the public is in question by either the patron or the collection center staff.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660(b)(2),  Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Editorial correction of subsection (b) (Register 95, No. 20).
§18651.4. As the Operator of a Certified Used Oil Collection Center, How Do I Comply with the Act's Requirement for Periodic Advertising in Local Media?
Note     •     History

(a) Advertising using one or more of the following mechanisms at least once every six months shall constitute compliance with the requirements of the Act:
(1) Newspaper, magazine, newsletter or other periodic publication;
(2) Radio;
(3) Press releases, public service announcements, or feature news;
(4) Printed material including brochures or posters;
(5) Outdoor advertising including billboards and transit signs;
(6) Special events;
(7) Television;
(8) Direct mail;
(9) Yellow pages.
(b) An advertisement shall include the name, location, and hours used lubricating oil is accepted at the center and indicate that the center accepts used lubricating oil at no charge, and offers payment of the recycling incentive.
(c) Two or more collection centers may jointly advertise their centers provided the name, location, and hours of each center is identified, and the form and frequency of advertisement complies with part (a) of this Section. The advertisement must also indicate that each center accepts used lubricating oil at no charge and offers payment of the recycling incentive.
(d) Should a collection center wish to implement an advertising program different from that described in part (a) of this Section, the center shall petition the Board for approval by submitting a written request describing how the center will meet the advertising requirement of the Act. The Board shall notify the center in writing within a minimum of ten (10), a median of twenty (20) and a maximum of thirty (30) calendar days of receipt of the petition that its request is either:
(1) Approved; or
(2) Denied and the reasons for denial.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of subsections (b)-(d) filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§18651.5. As a Certified Used Oil Collection Center, How Can I Determine If Used Oil is Contaminated in Excess of That Which Would Occur Through Normal Use?
Note     •     History

In order to determine contamination in excess of that which would occur through normal use, a certified used oil collection center may test used oil received from the public for halogenated compounds, and may conduct verbal and/or visual screening.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48660(c), 48660.5(a), and 48660.5(b)(1), Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18651.6. Under What Conditions Will a Contaminated Used Oil Shipment Be Eligible for Reimbursement of Disposal Costs, Pursuant to Section 48660.5 of the Public Resources Code?
Note     •     History

(a) A shipment meeting both of the following conditions will qualify for reimbursement:
(1) Used oil which meets the criteria of Public Resources Code Section 48660.5; and,
(2) Used oil which has been properly disposed of and issued a receipt of disposal. A Uniform Hazardous Waste Manifest may be used for this purpose. Disposal, for the purpose of this Section, means incinerating, burying, or otherwise processing contaminated used oil for purposes of elimination which result in a higher cost than the cost to recycle non-contaminated used oil.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660.5(a), 48660(c),  Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18651.7. What Constitutes One Shipment in Regards to Reimbursement of Disposal Costs, Pursuant to Section 48660.5 of the Public Resources Code?
Note     •     History

A shipment may not exceed the capacity of the storage tank normally used by the certified used oil collection center to contain used lubricating oil received from the public.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660.5(c),  Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18651.8. How Do I Apply for Reimbursement of Additional Disposal Costs Pursuant to Public Resources Code Section 48660.5?
Note     •     History

The Board shall reimburse an operator of a certified used oil collection center for the cost of hauling contaminated oil minus the amount normally charged to haul the same amount of uncontaminated oil pursuant to the requirements of Section 48660.5(a) of the Public Resources Code. To receive reimbursement, an operator must submit a written application to the Board.
(a) An application must include:
(1) The collection center name, its location, and its Board identification number;
(2) The hazardous waste generator identification number (ID Number) assigned by either the California Department of Toxic Substances Control or the U.S. EPA;
(3) Quantity of shipment for which reimbursement is sought, in gallons;
(4) Source, type, and level of contamination (if known);
(5) Registered hazardous waste hauler (pursuant to Article 6.5, Chapter 6.5, Division 20, Health and Safety Code) name, ID Number, and actual total disposal cost;
(6) A statement signed by the applicant(s) as described below, under penalty of perjury. The signature block shall contain an affidavit stating the following: “I certify under penalty of perjury that the information contained in this application is true and correct to the best of my knowledge.”;
(7) Signature of collection center supervisor.
(b) Applicant must also submit:
(1) A copy of invoice or receipt from a used oil hauler indicating:
(A) The Uniform Hazardous Waste Manifest number for the shipment;
(B) Amount of actual total disposal cost minus the amount normally charged to pick-up the same amount of uncontaminated oil;
(2) Copy of the Uniform Hazardous Waste Manifest from the used oil hauler;
(3) Copy of established certified used oil collection center procedures for preventing contamination of oil with hazardous waste.
(c) In any calendar year, a certified used oil collection center shall be reimbursed for not more than one shipment of contaminated used oil and for not more than five thousand dollars ($5,000) in disposal costs, subject to the availability of funds pursuant to Public Resources Code Section 48656.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660.5,  Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. New first paragraph filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§18651.9. Must Certified Used Oil Collection Centers Maintain Written Procedures to Prevent the Acceptance of Contaminated Used Lubricating Oil?
Note     •     History

(a) Yes. Established procedures for preventing the acceptance of contaminated used lubricating oil must be in writing and available to Board staff, collection center personnel, and the public during normal business hours.
(b) Procedures may include:
(1) Posted signs which list unacceptable contaminants;
(2) A list of questions to ask patrons regarding contaminants;
(3) A description of tests of used oil for the presence of contaminants.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48660 and 48660.5,  Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. New Note filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
Article 6.1. Registration Requirements  for Industrial Generators, Operators  of Curbside Collection Programs,  and Electric Utilities
§18653.0. Scope and Applicability.
Note     •     History

In addition to the general requirements of this Chapter, industrial generators, operators of curbside collection programs, and electric utilities wishing to claim the used oil recycling incentive must comply with the provisions of this Article.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code.
HISTORY

1. New article 6.1 (sections 18653.0-18653.6) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18653.1. Purpose.
Note     •     History

The Board requires registration of all industrial generators, operators of curbside collection programs, and electric utilities to facilitate the payment of recycling incentives.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18653.2. As an Industrial Generator, Operator of Curbside Collection Program, or Electric Utility, How Do I Register to Receive Payment of Recycling Incentives?
Note     •     History

(a) To register to receive payment of the recycling incentive, a separate, complete application must be submitted to the board by each industrial generator, operator of a curbside collection program, or electric utility.
(b) Applicants may apply for registration in either of the following ways:
(1) Register separately for each location at which used lubricating oil is collected.
(2) Register jointly for multiple used lubricating oil collection locations. If this option is chosen, a primary registrant must provide the information required by Section 18653.3 of this Chapter. The following information must also be provided for each additional location:
(A) Facility name;
(B) Street address;
(C) County;
(D) Phone number;
(E) If applicable, the hazardous waste generator identification number assigned by either the Department of Toxic Substances Control or the U.S. EPA.
(3) Only applicants for registration which are from the same category may apply following the procedures described in section (2) above. For example, an industrial generator and a curbside collection program must submit separate applications for registration.
(c) The filing period for applications is continuous.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including new subsections (b)-(b)(3) and subsection renumbering transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18653.3. What Information Am I Required to Provide in the Application for Registration?
Note     •     History

(a) To be considered complete, applications for registration shall contain the following information:
(1) A request for either initial registration, or for a change in registration.
(A) If the application is for a change in registration, it shall include only that information which has changed since the last application for registration was submitted to the Board.
(2) The type of organization which the generator or program represents.
(A) If the organization is an individual business doing or proposing to do business under a different name, the applicant shall provide a copy of the fictitious business name statement.
(B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement.
(C) If the organization is a corporation, the applicant shall provide the corporate number as assigned by the Secretary of State.
(D) If the organization is a husband and wife co-ownership, the application shall contain both names.
(E) If the organization is a local government agency, the applicant shall provide a copy of either the authorizing letter or resolution from the governing board.
(F) If the operation is a private, nonprofit program, the applicant shall submit verification of nonprofit status. Any one of the following will constitute verification:
1. A copy of a letter from the Federal Internal Revenue Service confirming tax exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code; and
2. A copy of a letter from the State of California Franchise Tax Board confirming tax exempt status pursuant to Section 23701(d) of the Revenue and Taxation Code; or
3. A corporate number assigned by the Secretary of State.
(3) The federal identification number (employer ID number) of the organization.
(4) If the organization is an industrial generator or an electric utility, a description of the physical location of the facility in relation to the nearest cross street.
(5) If an industrial generator or an electric utility, the name, street and mailing address, and phone number of the operation.
(6) If an electric utility, the Public Utilities Commission identification number, if applicable.
(7) If a curbside collection program, the name, street and mailing address, and phone number of the offices of the program operator.
(8) If the organization is a curbside collection program, the actual days of collection, the jurisdiction or area serviced, and a description of other materials collected.
(9) If applicable, the hazardous waste generator identification number assigned by either the Department of Toxic Substances Control or the U.S. EPA.
(10) If an industrial generator, description of the type of business conducted.
(11) An indication whether the proposed applicant also operates or owns a used oil hauler business, as defined in Public Resources Code Section 48623, or a used oil recycling facility, as defined in Public Resources Code Section 48624.
(12) Identify the company name or individual and address to whom the Board should pay the recycling incentive.
(13) Any other information the Board determines is necessary to aid in a finding that the organization is eligible for payment of recycling incentives pursuant to Public Resources Code Section 48651.
(b) The application shall be signed by the applicant(s) as described below, under penalty of perjury. The signature block shall contain an affidavit stating the following: “I certify under penalty of perjury that the information contained in this application is true and correct to the best of my knowledge, and I agree to operate in compliance with the requirements of the California Oil Recycling Enhancement Act, and with all related regulatory provisions.”
(1) If the operator is a partnership, the application shall be signed by at least one partner with authority to bind the partnership.
(2) If the operator is a firm, association, corporation, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or the individual with authority to legally bind the entity to a contract.
(3) If the operator is a husband and wife co-ownership, the application shall be signed by both the husband and wife.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of  subsections (a)(2)(C)1., (a)(2)(F)1.-3. and (b)(3), and new subsection (a)(11) and subsection renumbering transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§18653.4. What Will the Board Do with the Application for Registration Once It is Submitted for Review?
Note     •     History

(a) The Board will issue an identification number to all industrial generators, operators of curbside collection programs, and electric utilities upon receipt of the application for registration.
(b) All applications for registration will be reviewed by the Board for compliance with these regulations and with the Act.
(c) The Board will periodically conduct field investigations to verify the ongoing accuracy of information contained in the registration application.
(d) The Board will notify the applicant in writing within a minimum of six (6), a median of eight (8), and a maximum of ten (10) working days of receipt of the application that it is either:
(1) Complete and correct and accepted for further review; or
(2) Incomplete and rejected and the reasons for rejection.
(e) Upon determining that an application is complete and correct, the Board shall notify the applicant in writing within a minimum of twenty-five (25), a median of thirty-five (35), and a maximum of forty-five (45) calendar days that registration is either:
(1) Granted; or
(2) Denied and the reasons for denial.
(f) Reasons for denial of registration may include, but will not be limited to, any of the following:
(1) Failure to provide information or documentation to complete the application as stipulated in Section 18653.3 of this Chapter;
(2) The industrial generator's, curbside collection program's, or electric utilities' registration history demonstrates a pattern of operation in violation of the requirements of the Act, including all relevant regulations adopted herein;
(3) The industrial generator's, curbside collection program's, or electric utilities' registration history demonstrates outstanding fines, penalties, or unresolved audit findings.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including  amendment of subsections (f)(2) and (f)(3) transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18653.5. As an Industrial Generator, Operator of a Curbside Collection Program, or an Electric Utility, May I Withdraw an Application for Registration?
Note     •     History

Yes. An applicant may withdraw an application from review by the Board. Such withdrawal shall be requested in writing and submitted to the Board. A withdrawal of application does not prohibit an industrial generator, an operator of a curbside collection program, or an electric utility from reapplying at a later date.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18653.6. As an Industrial Generator, an Operator of a Curbside Collection Program, or an Electric Utility Which Has Already Registered, Might There Ever Be an Occasion When I Will Need to Submit a New Application?
Note     •     History

(a) Yes. Should there be a change in any of the information included in the most recent registration application submitted to the Board you are required to submit a new application.
(b) A new application shall be submitted at least sixty (60) calendar days prior to implementing the changes in part (a) above to avoid any lapse in incentive payments.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code. 
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18654. How Does the Board Calculate Used Oil Recycling Rates?
Note     •     History

NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48631(c) and (d) and 48676, Public Resources Code.
HISTORY

1. New article 6.2 (section 18654) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
2. Repealer of article 6.2 and section filed 7-6-93; operative 7-6-93 (Register 93, No. 28).
Article 7. Recycling Incentive Payments
§18655.1. Who Can Receive Recycling Incentive Payments?
Note     •     History

Used oil collection centers certified pursuant to Article 6 of this Chapter, and industrial generators, curbside collection programs, and electric utilities registered pursuant to Article 6.1 of this chapter are eligible to receive recycling incentive payments.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), Public Resources Code.
HISTORY

1. New article 7 (sections 18655.1-18656.0) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18655.2. On What Used Oil Can a Recycling Incentive Be Paid?
Note     •     History

(a) For industrial generators, certified used oil collection centers, and curbside collection programs, all lubricating oil sold or transferred in this state or imported into this state after October 1, 1992, for which a $0.04 per quart of $0.16 per gallon fee was paid to the State of California and, after use, was transported after April 1, 1993, by a used oil hauler to a certified used oil recycling facility, or to an out-of-state facility registered with the U.S. EPA and in compliance with the regulations of the state in which the facility is located, is eligible for payment of a recycling incentive.
(b) Certified used oil collection centers may claim the recycling incentive only for used lubricating oil collected from the public and/or generated on-site by the used oil collection center. A certified used oil collection center cannot claim the recycling incentive for used oil generated by an entity other than the center, except used oil delivered by the public in quantities of no more than 20 gallons per person per day.
(c) For electric utilities, all lubricating oil sold or transferred in this state or imported into this state after October 1, 1992, for which a $0.04 per quart or $0.16 per gallon fee was paid to the State of California and, after use, was used to generate electricity after April 1, 1993, is eligible for payment of a recycling incentive. Electric utilities may only claim recycling incentive payments for lubricating oil used in equipment owned by the electric utility.
(d) If the Board finds that it has paid a recycling incentive for used lubricating oil which was transported to a non-certified used oil recycling facility, or to an out-of-state facility not in compliance with regulations of the state in which the facility is located, the claimant shall be responsible for refunding the amount of the payment to the Board. Any refunds may be deducted from future recycling incentive claims.
(e) If the Board finds that it has paid the recycling incentive to the operator of a used oil collection center which was not accepting used lubricating oil from the public at no charge and offering the recycling incentive, the claimant shall be responsible for refunding the amount of the payment to the Board. Any refunds may be deducted from future recycling incentive claims.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including new subsections (b) and (d) and subsection relettering transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of subsection (d) and new subsection (e) filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§18655.3. When Can an Incentive Claim Be Submitted?
Note     •     History

No more than three incentive claims per quarter shall be submitted to the Board. The last claim for a quarter must be postmarked on or before the last day of the month following that quarter.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b) and 48670,  Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§18655.4. How Long After Used Oil Is Hauled Away, or Used to Generate Electricity By an Electric Utility Must an Incentive Claim Be Submitted?
Note     •     History

A claim must be submitted by the last day of the month following the quarter in which the used lubricating oil was transported by a used oil hauler to a used oil recycling facility, or used to generate electricity by an electric utility.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18655.5. How Do Incentive Claims Relate to Quarterly Reports, as Described in Public Resource Code Section 48670?
Note     •     History

(a) Incentive claims satisfy the quarterly report requirements. Businesses must provide a quarterly report or submit a recycling incentive claim only if they want payment for used oil hauled during the quarter.
(b) Industrial generators, curbside collection programs, electric utilities, and certified used oil collection centers must submit an incentive claim/report on or before the last day of the month following each quarter in which used lubricating oil was:
(1) Transported by a used oil hauler to a certified used oil recycling facility;
(2) Transported by a used oil hauler to an out-of-state facility registered with the U.S. EPA and in compliance with the regulations of the state in which the facility is located; or
(3) Used by an electric utility to generate electricity.
(c) No more than three incentive claims/reports will be accepted for each quarter.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), and 48670,  Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of subsection (a) filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§18655.51. If I Operate More Than One Certified Used Oil Collection Center, May I Submit a Single Recycling Incentive Claim?
Note     •     History

(a) Yes, upon written approval by the Board.
(b) If an operator of more than one certified collection center wishes to submit a single incentive claim for multiple centers, the operator shall make such request for approval in writing. The Board shall notify the operator in writing within forty-five (45) calendar days of receipt of the request that it is either:
(1) Approved; or
(2) Denied and the reasons for denial.
(c) A single incentive claim for multiple centers must include the information required by Sections 18655.6(b), (3), (5), (6), (7), (8), and (9) of this Chapter, for each certified center. The person completing the single incentive claim must provide the information specified in Sections 18655.6(b) (1), and (b)(2) and sign a penalty of perjury statement pursuant to part (b)(4).
(d) Manifest or modified manifest receipts and, if applicable, copies of the purchase receipts, invoices, or other documentation showing payment of the $0.04 per quart or $0.16 per gallon lubricating oil recycling fee must include the identification number as issued by the Board pursuant to Section 18650.4(a) or 18653.4(a) of this Chapter.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), 48660, and 48670, Public Resources Code.
HISTORY

1. New section filed 7-6-93; operative 7-6-93 (Register 93, No. 28).
§18655.6. What Must Be Submitted With an Incentive Claim?
Note     •     History

Incentive claims submitted by industrial generators, curbside collection programs, certified used oil collection centers and electric utilities must:
(a) Be accurate, complete, and typed or legibly handwritten in English; and
(b) Contain all of the following information:
(1) Full name, address, and telephone number of the certified or registered entity preparing the incentive claim/report; and
(2) Full name and telephone number of a contact person for purposes of the report; and
(3) The identification number as issued by the Board pursuant to Section 18650.4(a) or 18653.4(a) of this Chapter.
(4) The signature and title of the representative of the entity authorized to prepare the report. The signature block shall contain an affidavit stating the following: “I certify under penalty of perjury that the information contained in this claim/report, including attached copies of invoices, manifests and manifest receipts, is true and correct, and that no other claim has been submitted on this used oil to the best of my knowledge.”; and
(5) If applicable, the amount of new lubricating oil purchased from a vendor or an oil manufacturer in the quarter or since the last incentive claim/report was submitted. Specify if no lubricating oil was purchased;
(6) If lubricating oil was purchased, copies of the purchase receipts, invoices, or other documentation showing payment of the $0.04 per quart or $0.16 per gallon lubricating oil recycling fee to a vendor or the State of California;
(7) The amount of used lubricating oil transported to a certified used oil recycling facility or to an out-of-state facility registered with the U.S. EPA and in compliance with the regulations of the state in which the facility is located for the period since the previous claim;
(8) Copies of completed, typed or legibly handwritten manifests or modified manifest receipts from used oil haulers pursuant to Health & Safety Code Section 25250.8 for the amount of used lubricating oil for which a claim is being made;
(9) Electric utilities shall include the amount of lubricating oil used to generate electricity pursuant to Public Resources Code Section 48651(b) for the period since the previous claim; and
(10) The total monetary amount being claimed.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), and 48670, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsections (b)(1) and (b)(4)-(5) transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of subsection (b)(8) filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§18655.7. Where Are Incentive Claims Submitted?
Note     •     History

Incentive Claims and Quarterly Reports shall be delivered to the Board's main business office, to the attention of the Accounting Section. The outside of the package containing the claims must be clearly marked: “Used Oil Recycling Incentive Claim Enclosed.”
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b) and 48670, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18655.8. What Records Must I Keep to Support an Incentive Claim?
Note     •     History

(a) Certified used oil collection centers must:
(1) If applicable, retain copies of purchasing receipts for all lubricating oil purchased that denote a fee of $0.04 per quart or $0.16 per gallon was paid to the State of California or a vendor; and
(2) Retain copies of manifests or modified manifest receipts from used oil haulers to support an incentive payment claim; and
(3) Maintain a log consistent with Section 18651.2 of this Chapter, if used industrial oil is accepted in addition to used lubricating oil.
(b) Curbside collection programs must:
(1) Retain copies of manifests or modified manifest receipts from used oil haulers to support an incentive payment claim.
(c) Electric utilities must:
(1) Retain copies of purchasing receipts for all lubricating oil purchased that denote a fee of $0.04 per quart of $0.16 per gallon was paid to the State of California or to a vendor; and
(2) Maintain documentation indicating:
(A) The date that used lubricating oil from utility-owned equipment was used to generate electricity; and
(B) The amount, in gallons of used lubricating oil from utility-owned equipment that was used to generate electricity.
(d) Industrial generators:
(1) Must retain copies of purchasing receipts for any lubricating oil purchased that specify a fee of $0.04 per quart or $0.16 per gallon was paid to the State of California, or to the distributor; and
(2) Must retain copies of manifests or modified manifest receipts from used oil haulers; and
(3) Must retain all vouchers issued by the Board verifying refunds of fees paid by the Board for lubricating oil that was ultimately used for a use exempt from payment pursuant to Section 48650 of the Public Resources Code.
NOTE

Authority cited: Sections 40502 and 48670, Public Resources Code. Reference: Sections 48651(a) and (b), and 48670, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including repealer of subsection (b)(1) and subsection renumbering transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18655.9. What Happens If My Incentive Claim is Rejected?
Note     •     History

The Board will notify the claimant within thirty (30) calendar days if an incentive claim is rejected and include the reasons for rejection. The claimant may resubmit a revised claim. If the Board denies payment of an incentive claim, the claimant may submit a written request for a Board hearing. Request for a hearing must be submitted within thirty (30) days of notification of rejection.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48660 and 48680, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of section transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18656.0. How Long Will It Take for the Board to Process My Claim?
Note     •     History

You can expect payment for your incentive claim within fifty (50) calendar days of the postmark date of your claim. The Board will process and forward your claim for payment to the State Controllers Office (SCO) within 35 days after the postmark date. If the Board finds cause to investigate any provisions of your claim this time period will be extended until resolution. The SCO will pay the claim within 15 calendar days of receipt of the claim from the Board.
NOTE

Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), and 48670,  Public Resources Code. Section 926.17, Government Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of section and Note filed 6-16-95; operative 7-17-95 (Register 95, No. 24). 
Article 8. General Provisions for Used Oil Recycling Grants
§18658.0. Scope and Applicability.
Note     •     History

The regulations contained in this Chapter pertain to grants from the California Used Oil Recycling Fund (Fund) to local agencies for the implementation of used oil collection programs.
NOTE

Authority cited: Section 48641, Public Resources Code. Reference: Sections 48613, 48690 and 48691, Public Resources Code.
HISTORY

1. New article 8 (sections 18658.0-18658.3) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18658.1. Programs Eligible for Funding.
Note     •     History

(a) Used oil collection programs eligible for funding from the Fund shall provide for activities relating to the implementation of existing or new used oil collection programs. These programs shall meet either of the criteria listed below or a combination of the two based upon how many residents are served by each:
(1) Ensure that at least one certified used oil collection center is available for every 100,000 residents not served by curbside used oil collection. For example, one certified used oil collection center must be available for a program with 100,000 residents or less, and three must be available for a program serving 240,000 residents. The center shall accept used oil from the public at no charge. The center shall be open at least four days a week for a total of 20 hours of which three hours each week are outside the weekday hours of 8:00 a.m. through 5:30 p.m.
(2) Provide curbside collection at least once a month.
(b) Programs eligible for funding from the Fund shall include a public education program to inform the public of locally available used oil recycling opportunities.
(c) A local agency may implement its used oil collection program in conjunction with other similar programs in order to improve used oil recycling efficiency.
(d) A county or local agency whose program has not served a specific city or area within the county is not eligible to obtain the funds the city or area would have been eligible to receive.
(1) A county may not claim the service area of a city that provided a used oil collection program for the area if the city meets the following criteria:
(A) Was the sole sponsor of the used oil collection program for its respective jurisdiction or was part of a regional program of which the county was not a participant; and
(B) Notified the Board and the county in writing by August 31 of the grant year that it met the provisions of this section.
NOTE

Authority cited: Section 48641, Public Resources Code. Reference: Sections 48613 and 48691, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsections (a) and (a)(1), and new subsections (d)-(d)(1)(B) transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18658.2. Grant Application Process.
Note     •     History

(a) To apply for a block grant, an applicant must comply with the following:
(1) A local agency with an eligible program shall submit the documents specified in Section 18659.1 of this Chapter in order to apply for a grant award.
(2) An original and three (3) copies of the documents required shall be submitted to the California Integrated Waste Management Board, at its principal place of business in care of the Household Hazardous Waste Section. all materials submitted will become the property of the Board and will be retained for a minimum of three years.
(3) The required application documents must be received by the Board on or before the close of the application period specified in Section 18658.3 of this Chapter.
NOTE

Authority cited: Section 48641, Public Resources Code. Reference: Sections 48653 and 48657, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18658.3. Grant Application Period.
Note     •     History

Grant applications will be accepted beginning on the first business day of September until the end of the workday on the last business day of October. Applications received after the last business day in October will be returned to the applicants.
NOTE

Authority cited: Section 48641, Public Resources Code. Reference: Sections 48653 and 48691, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of section transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
Article 8.1. Local Government Block Grants
§18659.0. Grant Amount.
Note     •     History

(a) As specified in Section 48653 of the Public Resources Code, grants will be given for the implementation of local used oil collection programs to cities, based on the city's population, and counties, based on the population of the unincorporated area of the county. Grants to regional programs will be based on the combined population of each city or unincorporated area which is a participant in the regional program.
(b) A local agency shall receive no more than one grant per year from the Fund. Local agencies can pool grant funds to implement regional used oil collection programs.
(c) All population statistics will be obtained through the most current annually revised Department of Finance Report on Population Estimates for California Cities and Counties, which is hereby incorporated by reference.
(d) The population of the unincorporated area in each county and population of each city will be used as a base number to determine the awarded grant amount. The Board will calculate the grant amount each applicant will receive.
(e) To determine the grant amount available to a local agency, the following formula will be used:
(1) Divide A, the total amount in the block grant account, by B, the population of the state, to calculate C, the fraction or per capita value.

A / B = C
(2) Multiply C, the per capita value, by D, the population of the local agency or regional program, to calculate E, the maximum grant amount the local agency is eligible to receive.

C x D = E
NOTE

Authority cited: Sections 48641, 48653 and 48690, Public Resources Code. Reference: Section 48613, Public Resources Code.
HISTORY

1. New article 8.1 (sections 18659.0-18659.5) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsection (e)(2) transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18659.1. Contents of the Grant Application.
Note     •     History

(a) A local agency which is eligible for a grant award, pursuant to Section 18658.1 of this Chapter, shall submit to the Board a grant application. The grant application shall include, but not be limited to all of the following:
(1) An Application Cover Sheet, provided by the Board as form CIWMB 306 “Application Cover Sheet” (9/92), which is incorporated herein by reference. (See Appendix A.)
(2) A Program Report, which shall include:
(A) A description of the used oil collection program and the problem that the program is addressing;
(B) An explanation of the program's goals or objectives;
(C) Identification of the tasks necessary to complete the proposed program and an implementation schedule for the proposed tasks;
(D) If applicable, the geographic area to be serviced by a used oil curbside collection program;
(E) The local agency's population and the population served by the local agency's used oil collection program;
(F) The operation plan which describes how the program will be conducted. This may include, but is not limited to, frequency of pickup for a curbside collection program; days and hours of operation for a used oil collection center(s); type of equipment or facilities used; and method of used oil storage and disposal;
(G) A description of the proposed public education program to inform the public of locally available used oil recycling opportunities;
(H) A description of funding sources other than the grant from the Fund, which will be used for the program;
(I) Description of cooperative efforts between local government agencies and interested citizen associations and groups, if any, regarding implementation of the program; and
(J) If a program includes establishing a new used oil collection center(s) to meet the block grant eligibility requirements as specified in Section 48691 of the Public Resources Code, the report shall include a description of how the local agency will ensure the certification of the collection center at the earliest opportunity.
(3) A Budget Report consisting of the itemized costs of the program. This shall include, but is not limited to, the cost of staffing, used oil contractor fees, the cost of public education, public awareness and/or advertising costs, and any purchases of equipment or materials. The budget report shall also contain the source(s) of funding, fees collected, as well as the total cost of all used oil collection programs for which the request for a grant is being made.
(4) To apply for a grant as a regional program a signed copy(s) of the written agreement between the governing bodies involved authorizing the grant application to act on their behalf shall be included in the grant application.
(5) An approved resolution from each applicant's governing body authorizing submittal of the application and identifying the individual authorized to execute any agreements and contracts to carry out the program.
NOTE

Authority cited: Section 48641, Public Resources Code. Reference: Sections 48613, 48690 and 48691, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsections (a)(2)(F) and (a)(2)(H)-(I), new subsections (a)(2)(J) and (a)(4), and subsection renumbering transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Change without regulatory effect amending subsection (a)(1) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
§18659.2. Review of Grant Application.
Note     •     History

(a) Board staff shall review an application for a grant to verify that it is complete and satisfies the criteria contained within Section 18659.1 of this Chapter.
(b) Board staff may request additional information related to the grant application required pursuant to Section 18659.1 of this Chapter if the application is incomplete. The applicant will have a minimum of 10 (ten) working days, or an additional time period specified by the Board, to submit the requested information to the Board or will be disqualified from consideration for a grant.
NOTE

Authority cited: Section 48641, Public Resources Code. Reference: Sections 48690 and 48691, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18659.3. Terms and Conditions of a Grant Agreement.
Note     •     History

(a) The grant recipient and the Board shall enter into a written grant agreement which contains a description of the program, as approved, and which identifies and ensures compliance with the terms and conditions specified in this Section.
(b) The grant recipient shall obtain prior written approval from the Board, or its designated representative, for any changes to the grant agreement. All requests shall include a description of the proposed change(s) and the reason(s) for the change(s).
(c) The grant recipient shall submit an annual report to the Board, for the term of the grant agreement, on or before January 1 following receipt of the grant. The report shall include any amendments to the local used oil collection program; a description of the implementation of the program and the extent to which the program was successful in addressing the problem of illegal disposal of used oil; and a description of how the block grant for the previous year was expended if applicable. The report shall also include the following information:
(1) A description of the used oil collection center program and/or curbside collection program;
(2) An account of the number of participants in the program;
(3) The amount of used oil collected as a result of the used oil collection center or curbside collection program(s), whichever is applicable;
(4) A description of the public education efforts; and
(5) A description of measures taken by the local agency to continue the program.
(d) Grant recipients shall comply with all applicable federal, state and local laws, ordinances, regulations and permits. The recipient shall maintain certification of the used oil collection center(s) pursuant to Section 48660 of the Public Resources Code.
(e) If a program includes establishment of a new used oil collection center(s) or a new curbside collection program(s) to meet the block grant eligibility requirements as specified in Section 48691 of the Public Resources Code, up to fifty percent (50%) of the grant amount available to a local agency may be withheld until the new collection center(s) becomes certified or the new curbside collection program becomes operational.
(f) If during the term of the grant a collection center(s) used by a local agency to qualify for a block grant:
(1) Does not have an application(s) for certification on file with the Board; or
(2) The center's application(s) or reapplication(s) is denied; or
(3) The center's certification(s) is canceled;
Then the local agency may be required to return grant funds used for that center(s).
(g) If during the term of the grant a curbside collection program(s) used by a local agency to qualify for a block grant ceases to operate, the local agency may be required to return grant funds used for that program(s).
NOTE

Authority cited: Section 48641, Public Resources Code. Reference: Sections 48690, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including new subsections (e)-(g) transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18659.4. Payment of Grant Funds.
Note     •     History

Block grant recipients will be awarded grant funds during January of each grant year.
NOTE

Authority cited: Section 48641, Public Resources Code. Reference: Section 48690, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of section transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18659.5. Auditing.
Note     •     History

(a) The Board, the State Controller's Office, and the State Auditor General's Office, or their designated representatives, shall have an absolute right of access to all of the grant recipient's records pertaining to a California Used Oil Recycling Block Grant.
(b) All local agencies receiving block grants from the Fund shall maintain an accounting system which utilizes generally accepted accounting principles and practices. In addition to accounting records, all source documents associated with the accounting records shall be maintained. Source documents include, but are not limited to, bid summaries, contracts with the grant recipient, change orders showing approval by a city or county engineer, purchase orders, invoices, paid warrants, time sheets, labor distribution reports and payroll registers.
(c) The accounting records and pertinent documents shall be retained by the grant recipient for at least three (3) years after expiration of the grant agreement, or until the completion of a Board action and/or resolution of issues which may arise as a result of any litigation, claim negotiation or audit.
(d) If an audit reveals that grant funds have been distributed for a program which has either not met the criteria of Section 18658.1 of this Chapter, and/or has not spent grant funds in accordance with the grant agreement, the grant recipient shall repay the money received, plus interest, at the rate the State would have earned on this money had it remained in the Fund. Such forfeitures shall revert to the Fund.
(e) The Board may terminate any grant in whole, or in part, at any time before the date of completion, whenever it is determined by the Board that the recipient has failed to comply with the terms or conditions of the grant agreement. The Board shall notify the recipient within five (5) working days, in writing, of the determination, the reasons for termination of the grant, and the effective date of termination.
NOTE

Authority cited: Section 48641, Public Resources Code. Reference: Sections 48613, 48674, 48690 and 48691, Public Resources Code.
HISTORY

1. New section  filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of  law on  the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Change without regulatory effect moving form to section 18831, appendix A  filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
Chapter 8.2. Electronic Waste Recovery and Recycling
Article 1. General
§18660.5. Definitions.
Note     •     History

(a) For the purposes of this Chapter, the following shall apply: 
(1) “Act” or “the Act” means the Electronic Waste Recycling Act of 2003 (Senate Bill 20, Chapter 526, Statutes of 2003), as amended. 
(2) “Approved Collector” means an authorized collector as defined in Section 42463(b) of the Public Resources Code who applies to the CIWMB for approval and whose application is approved pursuant to this Chapter and therefore may be eligible for recovery payments from approved recyclers. 
(3) “Approved Dual Entity” means an entity that is both an “approved collector” and an “approved recycler” as defined in this Section. 
(4) “Approved Recycler” means a “covered electronic waste recycler” as defined in Section 42463(i) of the Public Resources Code who applies to the CIWMB for approval and whose application is approved pursuant to this Chapter and therefore may be eligible for recycling payments from the CIWMB. 
(5) “Bare CRT” means a Cathode Ray Tube with the vacuum relieved and the yoke removed that has been separated from the device housing and has had all circuit boards, wiring and other components detached from the tube. 
(6) “Bare Panel” means an LCD, gas plasma, or other non-CRT video display panel that has been separated from the device housing and has had all circuit boards, lamps, wiring and other components detached from the panel. 
(7) “Board” means the California Integrated Waste Management Board, when these regulations refer to an official action that be taken by Board members. 
(8) “Cancellation” means a processing or treatment method that qualifies CEWs for recycling payments, removes the CEWs from the payment system eliminating the possibility of double payments, dismantles or destroys the original CEW, and results in treatment residuals as specified in Section 18660.32 of this Chapter. 
(9) “Claim Activity Period” means the span of time during which an approved recycler received CEWs from approved collectors, processed and cancelled CEWs, and shipped treatment residuals that results in a recycling payment claim being submitted to the CIWMB.
(10) “CRT” means a Cathode Ray Tube with the yoke still attached that has been separated from a CRT device. 
(11) “CRT device” means a whole covered electronic device containing a Cathode Ray Tube. 
(12) “California Sources” of CEWs are persons as defined in Section 42463(o) of the Public Resources Code, located in California who generate CEWs after their own use of the CEW. Persons who receive, accumulate, consolidate, store, or otherwise handle discarded, donated or collected CEWs are not the California sources of those CEWs. 
(13) “CIWMB” means the California Integrated Waste Management Board, when these regulations refer to the entity as a whole, including staff. 
(14) “Collection log” means a record maintained by an approved collector that records CEW collection activities as specified in Section 18660.20(j) of this Chapter.
(15) “Collective Report” means a report submitted to the CIWMB through a trade association, a group of associations, or other organization that represents more than one manufacturer. 
(16) “Commingled” means mixed together and impossible to economically or practically separate. 
(17) “Covered Electronic Device” or “CED” has the same meaning, for the purposes of this Chapter, as a covered electronic device specified in Section 42463(f) of the Public Resources Code.
(18) “Covered Electronic Waste” or “CEW” means a discarded device that DTSC has determined to be a covered electronic device, as specified by Section 42463(f) of the Public Resources Code. 
(19) “Designated Approved Collector” means an approved collector, as defined in subsection (a)(2) of this section, that has been designated by a California local government to provide CEW collection services for  or on behalf of the local government and who, in the course of providing the services for the local government, would not be subject to the source documentation requirements pursuant to Section 18660.20(j)(1)(B) of this Chapter.
(20) “DTSC” means the Department of Toxic Substances Control. 
(21) “End-Use Destination” means the location where the treatment residuals from the approved recycler are sent after cancellation. 
(22) “Further treat” means, for the purposes of this Chapter, activities such as crushing, size reduction, washing, cleaning, smelting, or similar steps taken to process the treatment residual rendering it more marketable. “Further treat” does not mean, for the purposes or this Chapter, receiving, storing, accumulating, consolidating, brokering, shipping, disposing or other similar activities that do not alter the form of the treatment residual.
(23) “Handler”, for the purposes of this Chapter, has the same meaning as a universal waste handler or CRT material handler, as applicable, as defined in Section 66273.9 of TItle 22 of the California Code of Regulations.
(24) “Illegal Disposal” means, for the purposes of this Chapter, the disposal or placement of CEWs on a property without the permission of the owner(s) of, or responsible party(ies) for, the property.
(25) “Load” means a single transfer (a pick up or delivery) of CEWs, such as from a California source to a collector or from a collector to a recycler. 
(26) “Load Check Activities” means, for the purposes of this Chapter, the efforts made to identify, retrieve and divert from the disposed solid waste stream those CEWs that have been illegally discarded by generators. “Load Check Activities” do not include the rejection or acceptance of CEWs due to the lack of source documentation.
(27) “Manufacturer Payment” or “Manufacturer Take Back Payment” means a payment made by the CIWMB to a registered manufacturer that takes back covered electronic wastes (CEWs) from a California source for the purposes of recycling the CEW pursuant to Section 42476(g) of the Public Resources Code. 
(28) “Manufacturer Payment Claim” means a registered manufacturer's request submitted to the CIWMB with all required documentation for a manufacturer payment. 
(29) “Manufacturer Take Back” means a program administered by a registered manufacturer that accepts CEWs from California sources for the purposes of recycling. 
(30) “PBBs” mean Polybrominated Biphenyls 
(31) “Processing log” means a record maintained by an approved recycler that records CEW activities associated with CEW cancellation, such as but not limited to weighing, dismantling, crushing, shredding, etc., as specified in Section 18660.21(b) of this Chapter.
(32) “Product Category” means the types of covered electronic devices as defined in Section 42463(f) of the Public Resources Code. These categories include, but are not limited to, the following: 
(A) Cathode Ray Tubes (CRTs) devices used in televisions, 
(B) CRTs devices used in monitors, 
(C) Liquid Crystal Display (LCD) monitors, 
(D) Laptop computers containing LCD screens, 
(E) LCD televisions,
(F) Gas plasma display televisions, and
(G) Other video display devices as specified by the DTSC pursuant to Section 25214.10.1(d) of the Health and Safety Code. 
(33) “Proof of approval” means the unique identification number and expiration date, issued by the CIWMB that identifies a collector or recycler as being approved pursuant to this Chapter. 
(34) “Proof of designation” means a letter or other document that must be secured by a designated approved collector from a California local government that, at a minimum, specifies the following information:
(A) The beginning and end dates of the designation.
(B) The geographic area within which the designated approved collector is providing CEW collection services for the local government and the locations(s) at which the collection service is provided.
(C) The customer type to be served by the designated approved collector (i.e. residential, commercial, etc).
(D) The nature of collections activities to be provided by the designated approved collector (i.e. drop-off receipt, curbside service, illegal disposal clean-up, etc).
(E) Contact information for the designating authority.
(F) If the proof of designation secured by the designated approved collector is a document other than a letter from the local government, the proof must also include the designated approved collector's written notification to the local government that such other document has been used. The written notification provided to the local government must be accompanied by a copy of the document being used to demonstrate designation.
(G) If, after January 1, 2005, and before the effective date of this regulation, a designated approved collector has secured a document from a local government that does not meet the definition of proof of designation as specified in this Section, such document may be used by a designated approved collector to comply with applicable requirements of this Chapter through March 31, 2006.
(35) “Receiving log” means a record maintained by an approved recycler that documents CEW transfers from approved collectors to the approved recycler.
(36) “Recovery payment” means the payment made by an approved recycler to an approved collector in exchange for the transfer of CEWs pursuant to Section 42477 of the Public Resources Code. 
(37) “Recovery payment request” means an approved collector's request for recovery payment made to an approved recycler accompanying the transfer of CEWs. 
(38) “Recycling payment” means the payment made by the CIWMB to an approved recycler that includes a recovery component related to recycler payments to collectors pursuant to Section 42477 of the Public Resources Code and a recycling component for CEW cancellation pursuant to Section 42478 of the Public Resources Code. 
(39) “Recycling payment claim” means an approved recycler's claim that includes all required documentation submitted to the CIWMB for recycling payments for cancelled CEWs. 
(40) “Registered Manufacturer” means a manufacturer as defined in Section 42463(n) of the Public Resources Code who registers with the CIWMB pursuant to this Chapter and therefore may be eligible for manufacturer payments from the CIWMB. 
(41) “Source-anonymous CEWs” means CEWs whose originating California source cannot be identified in collection log information required pursuant to Section 18660.20(j)(1)(B) of this Chapter.
(42) “Source documentation” means collection logs and other information developed, maintained and transferred pursuant to Section 18660.20(h) of this Chapter that demonstrates the eligibility, originating generator and/or intermediate handlers of collected CEWs as applicable.
(43) “Standard Statewide Recovery Payment Rate” means the amount paid to an approved collector per pound of CEWs transferred to an approved recycler to cover the cost of collection, consolidation and transportation of CEWs as established pursuant to Section 42477 of the Public Resources code.
(44) “Standard Statewide Combined Recycling and Recovery Payment Rate” means the amount paid to an approved recycler per pound of CEWs cancelled and claimed to cover the cost of receiving, processing and recycling CEWs as established pursuant to Section 42478 of the Public Resources Code, and making recovery payments to approved collectors.
(45) “Transfer” or “Transferred” means physically changing possession of CEWs, such as a transfer from a California source to a collector or from a collector to a recycler. 
(46) “Transfer documentation” means, for the purposes of this Chapter, records and/or receipts that record the transfer of CEWs from an approved collector to an approved recycler, which include the weight, number, and source of the transferred CEWs, and the date(s) of transfer.
(47) “Treatment residuals” means any material resulting from the dismantling or treatment of a CEW. Treatment residuals are not considered CEWs and are not eligible for payment. In some cases, treatment residuals may be used to demonstrate the prior processing of CEWs, and bills of lading for the material may be required as part of the claim for payment submitted by an approved recycler. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42463, 46465.2, 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New Chapter 8.2 (articles 1-5), article 1 (section 18660.5) and section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new Chapter 8.2 (articles 1-5), article 1 (section 18660.5) and section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. New subsections (a)(16), (a)(19), (a)(21), (a)(25), (a)(29) and (a)(35) and subsection renumbering filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including further amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
Article 2.0. Electronic Waste Payment System -- Applicability and Limitations, Document Submittals, Records, Audits and Net Cost Report
§18660.6. Applicability and Limitations.
Note     •     History

(a) Limitations on the types of CEWs eligible for payments: 
(1) An approved collector may request recovery payment only for the types of CEWs specified by DTSC that are transferred to an approved recycler by the collector. 
(2) An approved recycler may claim recycling payment only for the types of CEWs specified by DTSC that are received from an approved collector and are cancelled by the recycler. 
(3) A registered manufacturer may claim manufacturer payment only for the types of CEWs specified by DTSC that the manufacturer takes back for recycling. 
(b) Limitations on the timeframes eligible for payments: 
(1) An approved collector, an approved recycler, or a registered manufacturer shall not receive payment for any CEWs transferred from a California source before January 1, 2005. 
(2) An approved collector shall not request recovery payments from recyclers for transfers that occur prior to the approval of the collector's application by the CIWMB. 
(3) An approved recycler shall not claim recycling payments from the CIWMB for CEWs cancelled prior to the approval of the recycler's application by the CIWMB. 
(4) A registered manufacturer shall not claim manufacturer payments from the CIWMB for recycling that occurs prior to the manufacturer's registration with the CIWMB. 
(c) Limitations on the Sources of CEWs and CEWs eligible for payments: 
(1) Only CEWs resulting from a California source are eligible for recovery, recycling, or manufacturer payments. 
(2) CEWs owned by a person in California, but used entirely outside of California are not eligible for payments. 
(3) Source-anonymous CEWs, documented pursuant to Section 18660.20(j)(1)(E) of this Chapter, are eligible for recovery and recycling payments if:
(A) The source-anonymous CEWs result from load check activities as defined in Section 18660.5(a)(26) conducted at permitted solid waste facilities whose operator is an approved collector or, if not an approved collector, the source-anonymous CEWs are directly transferred from the permitted solid waste facility to an approved collector; or
(B) The source-anonymous CEWs result from illegal disposal clean-up activities conducted by an approved collector who is a local government or its designated approved collector; or
(C) The source-anonymous CEWs result from illegal disposal on property owned or managed by an approved collector.
(4) CEWs are transferred to a designated approved collector are not eligible for payments unless the CEWs are accompanied by applicable source documentation pursuant to Section 18660.20(h) of this Chapter.
(d) Limitations on the ability of collectors and recyclers to charge a fee: 
(1) If the recovery payment from a recycler does not fully cover the net cost of CEW recovery, and the collector establishes a cost-free opportunity for a California source to transfer CEWs to the collector, then an approved collector may charge a fee for CEW recovery. 
(2) If the recovery payment from a recycler fully covers the net cost of CEW recovery, an approved collector shall provide CEW recovery at no charge to California sources or the CIWMB may revoke approval and direct recyclers to deny recovery payments to the collector. 
(3) If the recycling payment from the CIWMB does not fully cover the net cost of CEW recycling, an approved recycler may charge a fee for CEW recycling. 
(4) If the recycling payment from the CIWMB fully covers the net cost of CEW recycling, an approved recycler shall provide CEW recycling at no charge to approved collectors or the CIWMB may revoke approval and deny recycling payments to the recycler. 
(e) Limitations on recovery payments: 
(1) An approved recycler shall make recovery payments at the rate specified in Section 18660.33 of this Chapter to approved collectors for all CEWs transferred to the recycler and that are accompanied by applicable source documentation pursuant to Section 18660.20(h) of this Chapter. 
(2) The CIWMB shall revoke a recycler's approval and deny recycling payments to a recycler that fails to make recovery payments to approved collectors as specified in this Chapter. 
(3) An approved recycler shall not make the recovery payments as specified in this Chapter to collectors who are not approved pursuant to this Chapter. 
(4) An approved recycler may make other types of payments, not provided for under this Chapter, to a collector regardless of the collector's approval status. 
(5) An approved recycler shall not provide recovery payments to a collector other than the approved collector that transfers the CEWs to the recycler, but nothing limits the collectors involved in prior transfers from negotiating payments among themselves unrelated to the recovery payment provisions of this Chapter. 
(6) An approved collector is eligible for recovery payments only if the collector establishes a cost-free opportunity for a California source to transfer CEWs to the collector. 
(7) An approved collector is entitled for recovery payments only for CEWs transferred to the recycler that are accompanied by applicable source documentation pursuant to Section 18660.20(h) of this Chapter.
(8) The approved collector shall repay the approved recycler the amount of recovery payment that was paid if an approved collector has received recovery payment from an approved recycler for which the approved collector was not entitled.
(f) Limitations on recycling payments: 
(1) The CIWMB shall make recycling payments only to approved recyclers who: 
(A) Cancel CEWs using cancellation methods as specified in Section 18660.32 of this Chapter. 
(B) Document cancellation and meet the other requirements of this Chapter. 
(2) The CIWMB shall not make recycling payments to a recycler other than the approved recycler that cancels the CEWs, but nothing limits the recyclers involved in subsequent transfers from negotiating payments among themselves unrelated to the recycling payment provisions of this Chapter. 
(3) The CIWMB shall not make recycling payments for reuse of either a whole CEW or of a partially disassembled CEW, such as a CRT with an attached yoke. 
(g) Limitations in relation to current business practices: 
(1) The CIWMB shall not limit the ability of approved collectors and approved recyclers to transfer or not transfer CEWs to or from any party. 
(2) The CIWMB shall not limit the ability of approved collectors and approved recyclers from entering into contracts with each other or other parties. 
(3) The CIWMB shall not limit the ability of collectors to recover CEWs or recyclers to recycle CEWs without participating in the system described in this Chapter. 
(4) If collectors wish to receive recovery payments or recyclers wish to receive recycling payments, then they must meet the requirements in this Chapter. 
(h) Limitations on recycling payments on exported CEWs and the disposition of treatment residuals: 
(1) The CIWMB shall not approve recyclers located outside the State. CEWs sent to and cancelled by unapproved recyclers are not eligible for payments pursuant to this Chapter regardless of the location of the unapproved recycler. 
(2) If treatment residuals are disposed to land, water or air, then a recycler shall not be eligible for recycling payments for the original CEWs unless the treatment residual is not economically feasible to recycle and/or cannot be recycled because it would pose a hazard to public health, safety or the environment. 
(i) Limitations on the manufacturer payment system: 
(1) The CIWMB shall not register any entity other than a manufacturer as defined in Section 42463(n) of the Public Resources Code to be a registered manufacturer. 
(2) The CIWMB shall not make manufacturer payments to any entity other than a registered manufacturer. 
(3) A registered manufacturer shall only claim payment for, and the CIWMB shall only make manufacturer payments for, CEWs received from California sources that are processed for recycling that in a manner that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result. 
(4) A registered manufacturer shall not claim payment for, and the CIWMB shall not make manufacturer payments for, CEWs that are reused, repaired, refurbished or otherwise returned to use. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42472(b), 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New article 2 (sections 18660.6-18660.10) and section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new article 2.0 (sections 18660.6-18660.10) and section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. New subsections (c)(3)-(4) filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including further amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.7. Document Submittals.
Note     •     History

(a) A collector, a recycler, or a manufacturer shall prepare and submit applications, registrations, claims and/or reports required pursuant to this Chapter in the manner designated by the CIWMB. 
(b) The CIWMB shall only accept collector, recycler or dual entity applications, claims and reports containing all the required information and bearing an original signature of the primary applicant, or a person with signature authority as designated by the primary applicant pursuant to Section 18660.11 of this Chapter. 
(c) The CIWMB shall only accept manufacturer registrations, claims and reports containing all the required information and bearing an original signature of the primary registrant, or a person with signature authority as designated by the primary registrant pursuant to Section 18660.35 of this Chapter. 
(d) The CIWMB shall provide forms upon request that may be used to meet the requirements for the applications, registrations, and payment claims specified in this Chapter. 
(e) A collector, a recycler, or manufacturer shall ensure that applications, registrations, claims, reports and all applicable supporting documentation are accurate, complete, and typed or legibly handwritten in English using permanent ink. A collector or a recycler may void errors only by using a single line through the error. A collector or a recycler shall not use correction fluid, correction tape or erasures for correcting errors on any document required by or submitted to the CIWMB. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.8. Records.
Note     •     History

(a) An approved collector, an approved recycler, or a registered manufacturer shall send written notice to the CIWMB regarding any change in location, or intent to establish a new location, of records required by this Chapter no less than 10 days prior to the change. In the written notice, an approved collector or an approved recycler shall include its name and identification number from the proof of approval, the complete present and potential future address of the location of the records, if applicable, and the names and telephone numbers of the individuals responsible for such records. 
(b) All records maintained pursuant to this Chapter must include the books of account that are ordinarily maintained by a prudent business person engaged in the same activity, together with all bills, receipts, invoices, manifests, cash register tapes, or other documents of original entry supporting the entries in the books of account. 
(c) An electronic data processing system must have built into its program a method of producing visible and legible records that will provide the necessary information to determine compliance with the requirements of this Chapter. 
(d) An approved collector, an approved recycler, or a registered manufacturer shall maintain records for at least three years. 
(e) An approved collector, an approved recycler, or a registered manufacturer shall maintain records that are originals, and typed or legibly handwritten in English. 
(f) An approved collector, an approved recycler, or a registered manufacturer shall not store records in an unprotected area, in an outside location, in a motor vehicle or in a location where the records are likely to become contaminated, damaged or stolen. 
(g) An approved collector, an approved recycler, or a registered manufacturer shall maintain records suitable for examination prepared and retained in accordance with generally accepted accounting principles and good business practice. 
(h) If the CIWMB determines that records do not meet the conditions in this Section, the CIWMB may revoke approval and/or deny payments. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.9. Audits.
Note     •     History

(a) The CIWMB, or persons authorized by the CIWMB, may conduct audits of approved collectors, approved recyclers, and registered manufacturers to determine compliance with the requirements of this Chapter. 
(b) As part of an audit, the CIWMB may do any one or all of the following in relation to CEW recovery or recycling: 
(1) Review, examine or investigate any books, records, accounts, and/or documentation. 
(2) Observe, review, examine or investigate any on-site activities, operations, processes, CEWs, treatment residuals or other materials. 
(3) Observe and inspect transactions. 
(4) Verify measurements, counts, weights, and calculations. 
(5) Examine and verify revenue, cost and net cost information and calculations. 
(6) Use other examination procedures to investigate recovery payments, recycling payments, manufacturer payments, transfers of CEWs or treatment residuals, costs, revenue, net costs, or other activities related to determining compliance with this Chapter. 
(c) An approved collector, an approved recycler, or a registered manufacturer shall provide CIWMB staff, or persons authorized by the CIWMB, access to location(s) and/or records for the purpose of audits related to the requirements of this Chapter, and for any or all of the following purposes in relation to CEW recovery or recycling: 
(1) To determine compliance with the CIWMB's regulations and with the provisions of the Act. 
(2) To determine the accuracy of the information provided in the application for approval or registration. 
(3) To determine the accuracy of the information, calculations, weights, counts, and other data upon which claims for payments or payments are based. 
(4) For the investigation of complaints related to recovery payments to collectors. 
(5) For the investigation of complaints related to the geographic origin of CEWs. 
(6) To obtain cost data, revenue data and net cost calculations required for the CIWMB to set and adjust the Standard Statewide recovery payment rate, recycler payment rate and consumer fees. 
(7) To obtain sample data to calculate component weight to device weight conversion factors. 
(8) To inspect any records required by this Chapter or the Act. 
(d) If an approved collector, an approved recycler, or a registered manufacturer fails to provide reasonable access for audits pursuant to this Section, the CIWMB shall do one or more of the following: 
(1) Deny approval or registration if a renewal is pending. 
(2) Revoke an existing approval or registration. 
(3) Recoup monies previously paid by the CIWMB, which were the subject of the audit, accumulated interest, and any associated penalties. 
(4) Deny current and future claims for payments. 
(e) An approved collector, an approved recycler or a registered manufacturer that must repay monies to the CIWMB based on the results of a CIWMB audit shall pay the entire amount, including the original amount, accumulated interest, and any associated penalties. 
(f) An approved collector, an approved recycler or a registered manufacturer shall make any payments, repayments or recoupments in U.S. dollars by check, draft, money order or cashier's check payable to the State of California, Integrated Waste Management Board, or to a designee selected by the CIWMB. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.10. Net Cost Report.
Note     •     History

(a) To adjust the statewide recovery and recycling payment rates, establish future payment schedules and adjust the consumer fees, the CIWMB shall periodically update information concerning the net costs of CEW recovery and CEW recycling. 
(b) An approved collector or an approved recycler shall maintain records and provide information for use by the CIWMB in the update on their actual net costs to operate. 
(c) An approved collector or an approved recycler shall use the following allowable revenues and costs for use in the calculation of net costs: 
(1) Revenues in relation to CEW recovery or recycling, other than the payments required pursuant to this Chapter, including but not limited to: 
(A) Up-front revenues received, such as from fees charged. 
(B) End-use revenues, such as from commodity values. 
(2) Costs in relation to CEW recovery or recycling including, but not limited to: 
(A) The actual costs of receiving, handling, processing, storing, transferring and transporting CEWs. 
(B) The actual costs of canceling CEWs. 
(C) Labor. 
(D) Property taxes. 
(E) Depreciation. 
(F) Utilities. 
(G) Supplies. 
(H) Fuel. 
(I) Insurance. 
(J) Interest. 
(K) General overhead. 
(L) Facilities and equipment rent or lease. 
(M) Maintenance. 
(N) Transportation. 
(O) Handling costs. 
(P) Disposition costs. 
(Q) A reasonable rate of profit or return on investment. 
(R) Marketing, promotion and public education. 
(d) An approved collector and approved recycler shall submit to the CIWMB a report on the net costs of recovery and/or recycling for the prior calendar year, including: 
(1) An annualized summary of the revenues, costs, and net cost (costs minus revenues) of CEW recovery and/or CEW recycling based on the records maintained pursuant to Sections 18660.20(j)(3) and 18660.21(l)(5) of this Chapter. 
(2) Name, identification number and mailing address. 
(3) The name and phone number of a contact person for purposes of the report. 
(4) The reporting year and date of preparation of the report. 
(5) The total annualized revenues excluding recovery and recycling payments received from the CIWMB, plus a list of the types of revenues included in the revenue calculation. 
(6) The total annualized costs, plus a list of the types of costs included in the cost calculation. 
(7) The total annualized net costs (annualized costs minus annualized revenues). 
(8) The net cost per pound of CEW recovery and the net cost per pound of CEW recycling. 
(9) Provide a description of the types of targeted consumers, and the methods of collection used to obtain CEWs from the California sources, including but not limited to:
(A) Drop-off at permanent location,
(B) Temporary event drop off,
(C) Pick up at source,
(D) Pick up at handler location,
(E) Curbside collection,
(F) Landfill drop off and or load check.
(10) The signature and title of a person with signature authority for net cost reports as designated pursuant to Section 18660.11 of this Chapter. 
(11) The signature block shall state and certify the following statement: “I hereby declare under penalty of perjury that this net cost report, including any and all figures, calculations and accompanying documents has been examined by me and is true, correct and complete.” 
(12) The date and place of the signing of the report. 
(e) An approved collector or an approved recycler shall convert any data captured on a per unit basis to a per pound basis for the purposes of determining revenues, costs and net costs. 
(f) The CIWMB may revoke approval and/or deny recycling payments for failure to submit a net cost report, or for the submission of a fraudulent report. 
(g) The net cost report shall be submitted to the CIWMB on or before March 1, 2006, and each year thereafter. 
(1) The requirement to submit a net cost report subsequent to March 1, 2007, shall be determined by the Board at a public hearing.
(2) Notice of the requirement to submit a net cost report subsequent to March 1, 2007, shall be issued by the CIWMB on or before December 31 of the year proceeding the year in which the report is next due.
(h) In addition to the net cost report described by this Section, an approved collector or an approved recycler may submit test results, studies or other information for the CIWMB to consider when the Standard Statewide Recovery Payment Rate and/or the Standard Statewide Combined Recovery and Recycling Payment Rate is reviewed and, if necessary, adjusted pursuant to Sections 18660.33 and 18660.34 of this Chapter.
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42464, 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Amendment of subsection (g) filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including further amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
Article 2.1. Electronic Waste Payment System -- Applications for Approval
§18660.11. General Application Requirements.
Note     •     History

(a) Collectors and recyclers may submit an application to become approved at any time. 
(b) In applications for approval, collectors and recyclers shall provide the following general information: 
(1) Name of organization. 
(2) Type of organization: 
(A) If the organization is an individual doing or proposing to do business under a different name, the applicant shall provide a copy of any fictitious business name statement. 
(B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement and any fictitious business name statement. 
(C) If the organization is a corporation, the applicant shall provide the corporate number and Articles of Incorporation and name and position of all current corporate officers as filed with the Secretary of State, any fictitious business name statement, and the agent for service of process. 
(D) If the organization is a corporation from a state other than California, the applicant shall provide a copy of the approved certificate from the California Secretary of State qualifying and authorizing the corporation to transact business in California. 
(E) If the organization is a husband and wife co-ownership, the applicant shall provide both names and any fictitious business name statement. 
(F) If the organization is a local government agency, and is applying as a recycler or dual entity, the applicant shall provide a copy of the authorizing resolution from the governing board. 
(G) If the organization is a limited liability company (LLC), the applicant shall provide a copy of the Articles of Organization and Statement of Information as filed with the Secretary of State, any operating agreement, any fictitious business name statement, and the agent for service of process. 
(H) If the organization is a limited liability company from a state other than California, the applicant shall provide a copy of their certificate from the California Secretary of State authorizing the LLC to transact business in California. 
(I) If the organization is a non-profit or charity, the applicant shall provide a description and a copy of the appropriate designation documentation. 
(3) Mailing address and physical address. 
(4) Name of the contact person. 
(5) Telephone number(s) of the contact person. 
(6) An e-mail address of the contact person or organization, if available. 
(7) List(s) of the persons (if any), in addition to the primary applicant, who are authorized to sign: 
(A) Payment claims. 
(B) Net cost reports. 
(C) Other payment related correspondence with the CIWMB. 
(8) An indication of whether the collector or recycler wishes to be included in an on-line registry. 
(9) The location in which the records required by this Chapter will be maintained. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New article 2.1 (sections 18660.11-18660.19) and section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new article 2.1 (sections 18660.11-18660.19) and section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.12. Additional Application Requirements for Collectors.
Note     •     History

(a) In addition to the general application information required in Section 18660.11 of this Chapter, a collector shall also include the following information: 
(1) The date and the name under which the collector notified DTSC as a CRT and/or universal waste handler. 
(2) A description of the existing or proposed collection operation, including but not limited to: 
(A) The types of California sources from which the collector may recover CEWs, including but not limited to households, businesses, and/or other collectors. 
(B) The type(s) of CEWs that may be recovered by the collector. 
(C) Whether the collector may recover CEWs from outside of the State of California. 
(D) The cost-free opportunity(ies) established by the collector for a California source to transfer CEWs to the collector as required by Section 42476(f)(2) of the Public Resources Code. 
(3) Certification statements by the collector as follows: 
(A) “The undersigned collector agrees under penalty of immediate revocation of approval and denial of recovery payments that as an approved collector:” 
1. “I shall make reasonable efforts to ensure that any CEWs for which payment is claimed originate from a California source.” 
2. “I shall provide free CEW collection to California sources if the payments I receive from recyclers fully covers the net cost of collection, transportation and charges paid to the recycler.” 
3. “I shall operate in compliance with the requirements of this Chapter, the Act and with all applicable local, state and federal regulatory provisions.” 
4. “I shall establish a cost-free CEW collection opportunity for California sources.” 
5. “I have read and understand the requirements set forth in the statutes and regulations governing this program.”
(B) “The undersigned collector certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct.” 
(4) The name and signature of the primary applicant who has the authority to sign and bind the collector to this application. 
(5) The date and location of application. 
(b) A collector shall maintain a physical location within the state of California at which:
(1) CEWs can be handled.
(2) All records required by this Chapter shall be maintained.
(c) The CIWMB shall not approve a collector located outside the United States, unless required to by treaty. If the CIWMB must approve a collector outside the United States, the collector must comply with the requirements of Section 42476.5 of the Public Resources Code. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42476.5, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.13. Additional Application Requirements for Recyclers.
Note     •     History

(a) In addition to the general information required in Section 18660.11 of this Chapter, a recycler shall also include the following information: 
(1) Documentation that the recycler has fulfilled DTSC notification and authorization requirements regarding the handling and processing of CEWs. 
(2) A description of the recycling operation, including: 
(A) The method(s) of cancellation used by the recycler. 
(B) The types of CEWs cancelled by the recycler, pursuant to Section 18660.32 of this Chapter. 
(C) Estimated percentages of cancelled CEWs expected to originate from inside of and from outside of the State of California annually. 
(3) An explanation and documentation showing how the demonstrations in Public Resources Code Section 42479(b) have been satisfied, including but not limited to the following: 
(A) The recycler is in compliance with applicable requirements of Chapter 23 of Division 4.5 of Title 22 of the California Code of Regulations. 
(B) The recycler demonstrates to the CIWMB that the recycler's facility meets all of the following standards: 
1. The facility has been inspected by DTSC within the past 12 months, as specified in Section 42479(b)(2)(A). If a DTSC inspection has been requested but not yet completed, then the CIWMB will review the remainder of the application but withhold approval until the DTSC inspection is completed and the facility found to be in conformance. 
2. The facility is accessible during normal business hours for unannounced inspections by state or local agencies. 
3. The facility has health and safety, employee training, and environmental compliance plans and certifies compliance with the plans. 
4. The facility meets or exceeds the standards specified in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 Division 4 (commencing with Section 3200), and Division 5 (commencing with Section 6300), of the Labor Code or, if all or part of the work is to be performed in another state, the equivalent requirements of that state. 
(4) Unless the recycler is applying as a dual entity, the name, address, contact person's name and telephone number of at least one (1) collector from which the recycler has accepted, has contracted to accept or intends to contract to accept CEWs for cancellation with a letter from the collector certifying under penalty of perjury that California CEWs from that collector will be transferred to the recycler for recycling. 
(5) A completed “Payee Data Record” STD. 204 form (Rev. 6-2003 or as revised) -- Department of Finance, State of California with an original signature of the primary applicant. The form will be provided by the CIWMB and is hereby incorporated by reference. 
(6) Certification statements by the recycler as follows: 
(A) “The undersigned recycler agrees under penalty of perjury and of immediate revocation of approval and denial of recycling payments that as an approved recycler:” 
1. “I shall fully reimburse an approved collector for all CEWs and/or CEWs transferred at the rate specified in this Chapter within 90 days” 
2. “I shall not adjust fees, charges or other contract provisions upward for the purpose of negating the recovery payment to approved collectors.” 
3. “I shall provide free CEW recycling by accepting without charge CEWs from approved collectors if the payment from the CIWMB fully covers the net cost of CEW recycling.” 
4. “I shall operate in compliance with the requirements of this Chapter, the Act and with all applicable local, state and federal regulatory provisions.” 
5. “I have read and understand the requirements set forth in the statutes and regulations governing this program.”
(B) “The undersigned certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct.” 
(7) The name and signature of the primary applicant who has the authority to sign and bind the recycler to this application. 
(8) The date and location of application. 
(b) The CIWMB shall not approve a recycler located outside California. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.14. Additional Application Requirements for Dual Entities.
Note     •     History

(a) An entity that is both a collector and a recycler at the same location may apply for both approvals, and if approved will be an approved dual entity. 
(b) In addition to completing and submitting one copy of the General information required in Section 18660.11 of this Chapter, all dual entity approval applications shall contain the information required in Sections 18660.12 and 18660.13 for collector applications and recycler applications, respectively. 
(c) Unless there are specific “dual entity” provisions, an approved dual entity, when acting as a collector, shall meet all the requirements in this Chapter for approved collectors. 
(d) Unless there are specific “dual entity” provisions, an approved dual entity, when acting as a recycler, shall meet all the requirements in this Chapter for approved recyclers. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.15. CIWMB Review of Applications.
Note     •     History

(a) Upon receipt of the application, the CIWMB will notify the applicant within 30 calendar days if the application is complete or incomplete. 
(b) If the CIWMB determines the application is incomplete, with exception of a pending inspection by DTSC, the CIWMB notification will list the missing information, and the applicant will have 30 calendar days from the notification to provide the missing information or the CIWMB will deny the application. 
(c) After the CIWMB determines that an application is complete, the CIWMB will notify the applicant within 30 calendar days whether the application has been: 
(1) Approved, and if so, proof of approval bearing a unique approval identification number will be provided stating the type of approval granted: 
(A) Approved collector, and/or 
(B) Approved recycler. 
(2) Denied, and if so, the cause(s) for denial will be listed. After denial, an application to become approved may be resubmitted at any time after the causes for denial have been corrected. 
(d) The CIWMB shall not charge collector or recyclers to process an application. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.16. Approval Term and Applications for Renewal.
Note     •     History

(a) An approved collector's approval remains valid for 2 years following the date of approval provided that the information in the original application remains unchanged, the collector continues to meet and fulfill the requirements of this Chapter, and the collector continues to operate in conformance with DTSC requirements. 
(b) An approved recycler's approval remains valid for 2 years following the date of approval provided that the information in the original application remains unchanged, the recycler continues to meet and fulfill the requirements of this Chapter, and the recycler continues to operate in conformance with DTSC requirements and submit to inspections by DTSC. 
(c) To renew approval, a collector or recycler shall re-apply to the CIWMB on a biennial basis at least 90 calendar days prior to the expiration date of approval. 
(d) If a collector or recycler fails to renew approval, after the expiration date all of the following conditions apply: 
(1) The approval is expired and invalid. 
(2) The collector or recycler shall be ineligible for all payments set forth in this Chapter. 
(3) The collector or recycler shall immediately return any issued proof of approval to the CIWMB. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.17. Prohibited Activities.
Note     •     History

(a) The CIWMB may deny a renewal or revoke or suspend the approval of a collector or recycler for any of the following prohibited activities: 
(1) Failure by a collector or recycler to operate in conformance with DTSC requirements. 
(2) Failure by a recycler to submit to a DTSC inspection within any 12-month period. 
(3) Failure by a recycler to provide recovery payments to approved collectors as specified in this Chapter. 
(4) Failure to submit to CIWMB audits as specified by this Chapter. 
(5) Failure to submit a net cost report as specified in Section 18660.10. 
(6) Transferring an approval or proof of approval to any other person. 
(7) Altering the proof of approval. 
(8) A material breach of any of the certification statements contained in the application. 
(9) Fraudulently requesting a recovery payment. 
(10) Fraudulently claiming a recycling payment. 
(11) Submitting a fraudulent net cost report. 
(12) Failure to secure, maintain and/or transfer documentation as specified by this Chapter.
(13) Failure to notify the CIWMB of changes to information contained in the application.
(b) If the CIWMB denies a renewal or revokes an approval for prohibited activities, all of the following conditions apply: 
(1) The approval is immediately invalid. 
(2) The collector or recycler shall be ineligible for all payments set forth in this Chapter. 
(3) The collector or recycler shall immediately return any issued proof of approval to the CIWMB. 
(c) A collector or recycler may not reapply for approval until 180 calendar days after denial or revocation for prohibited activities. 
(d) If the CIWMB suspends an approval for prohibited activities, all the following conditions apply until the CIWMB determines that the cause for suspension has been remedied:
(1) The approval is temporarily invalid.
(2) The collector or recycler shall be ineligible for all payments set forth in this Chapter for recovery and/or recycling activities conducted during the suspension of approval.
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.18. Changes to an Approved Application.
Note     •     History

(a) An approved collector or an approved recycler shall reapply to the CIWMB for approval at least 90 calendar days prior to the change taking effect, if one of the following changes may occur: 
(1) A change in recovery, recycling or business practices that will prevent the approved collector or approved recycler from meeting the requirements of this Chapter. 
(2) A change in recovery, recycling or business practices that will result in the breach of a certified statement on the application or in a prohibited activity as specified in Section 18660.17 of this Chapter. 
(b) If an unforeseen change occurs an approved collector or an approved recycler shall notify the CIWMB of the change within ten calendar days after the unforeseen change. In cases of notification after a change specified in subsections (1) or (2) in part (a) of this Section, the CIWMB may revoke the approval immediately or may require the collector or recycler to reapply for approval. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.19. Appeal of Denial, Suspension or Revocation of Approval.
Note     •     History

(a) If the CIWMB denies an application for approval or suspends or revokes an approval, the collector or recycler may appeal that decision and request a hearing within 30 calendar days after the date of the denial, suspension or revocation. Any appeal received by the CIWMB after 30 calendar days from the date of the denial, suspension or revocation shall be denied without a hearing or consideration of the appeal. 
(b) This appeal provided for in this Section is also governed by the general administrative adjudication provisions of the California Administrative Procedure Act, found at Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, commencing with Section 11400. This appeal is not subject to the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, commencing with Section 11500. 
(c) The collector or recycler requesting a hearing must submit the appeal in writing and ensure that it is received by the CIWMB's main business office, to the attention of the Legal Office. The collector or recycler shall clearly mark the outside of the package containing the appeal with: “e-Waste Appeal Enclosed”. 
(d) In an appeal, a collector or recycler shall include, at a minimum, all of the following: 
(1) The collector's or recycler's name, mailing address, contact name and daytime telephone number. 
(2) The type of approval: collector, recycler or both. 
(3) The location and street address. 
(4) The date on the notification from the CIWMB and the stated reasons for denial, suspension or revocation. 
(5) A statement of the basis for objecting to the denial, suspension or revocation. 
(e) At any time during the proceeding, before a final decision is issued, the CIWMB, with the consent of the petitioner, may refer the matter to mediation, or binding or non-binding arbitration, consistent with the provisions of Government Code Section 11420.10. 
(f) The CIWMB shall provide a hearing before the executive director, or his or her designee, who shall act as a hearing officer. The hearing officer shall consider the application, the reasons for denial, suspension or revocation, and any additional relevant information presented by the applicant or CIWMB staff. The hearing officer shall issue a written decision stating the factual and legal basis for the decision. 
(g) The Board may adopt the decision as the final decision, or review all or a part of the decision at a hearing before the Board. 
(h) The CIWMB will notify the collector or recycler of the final determination in writing within 20 calendar days from the date on which the Board adopts a final decision. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42463(b) and 42479, Public Resources Code; and Sections 11400.20 and 11415.10, Government Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section heading and section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
Article 2.2. Electronic Waste Payment System -- Business Requirements
§18660.20. Requirements for an Approved Collector.
Note     •     History

(a) Upon CIWMB approval of its application, an approved collector may begin requesting recovery payments for CEWs documented and transferred to approved recyclers pursuant to the requirements of this Chapter after the approval. 
(b) An approved collector shall comply with the requirements of this Chapter, including: 
(1) Begin collection activities from California sources within 180 calendar days of approval. The CIWMB may revoke approval if a collector fails to begin collection activities within 180 days. 
(2) Transfer at least one (1) load of CEWs to an approved recycler within 180 calendar days of approval. Approved dual entities may also meet this requirement by both collecting and canceling at least one load of CEWs within 180 calendar days of approval. The CIWMB may revoke approval if a collector fails to transfer at least one load of CEWs within 180 calendar days of approval. 
(c) An approved collector shall make reasonable efforts to determine if CEWs it collects are from California sources or from non-California sources and shall keep track of those materials separately. Reasonable efforts may include any of the following, but are not limited to: 
(1) Posting signs and asking California sources. 
(2) Conducting spot checks and/or surveys. 
(3) Checking for a valid California identification of a person, a California license plate on a vehicle, and/or a bill of lading showing a California origin. 
(4) Requiring additional documentation from California sources or collectors delivering large numbers of CEWs. 
(5) Instituting measures to prevent CEWs from being dropped-off anonymously or illegally disposed at the approved collector's facilities or operations.
(d) An approved collector shall not request recovery payment for non-California CEWs. 
(e) An approved collector shall determine if CEWs they transfer to recyclers have already been cancelled, and shall keep track of those materials separately. 
(f) An approved collector shall not request recovery payment for previously cancelled CEWs. 
(g) An approved collector shall provide the CIWMB-issued proof of approval identification number when transferring CEWs to or requesting recovery payments from an approved recycler. If an approved collector, or its agent, fails to provide the proof of approval, the approved recycler may deny recovery payment. 
(h) An approved collector shall provide to any approved collector or approved recycler to whom it transfers CEWs information on the origin (California or non-California) and cancellation status of CEWs transferred, including but not limited to the following: 
(1) Signed statement listing the sources(s) of the transferred CEWs as recorded pursuant to subsection (j) of this section. 
(2) A copy(ies) of the applicable portions of the collection log specified in subsection (j) of this section that describe the collection activities that resulted in the transferred CEWs. 
(3) Written description of any activity, such as storage, repair, refurbishment, resale, reuse, transfer, packaging and/or consolidation, that explains any discrepancy between the CEWs transferred and the CEWs collected as recorded in a log specified in subsection (j) of this section. 
(4) A copy of any applicable proof of designation specified in subsection (k) of this section associated with CEWs collected while acting as a designated approved collector for a local government.
(i) An approved collector shall operate in accordance with all Federal, State and local laws and regulations. 
(j) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, an approved collector shall maintain the following records: 
(1) A collection log containing: 
(A) For each collection activity or event that results in CEWs transferred to the approved collector, a brief written description of the collection activity or event, including the type of California sources targeted for collection, the date and location the activity or event occurred, the number of CEWs collected, and a estimate of the weight of CEWs collected. 
(B) Approved collectors that are not California local governments, nor entities acting as the designated approved collector for a California local government, shall maintain a list of all California sources who discarded the CEWs transferred to the approved collector, including the name and address of the California source and the number of CEWs discarded by the California source.
(C) When receiving five (5) or more CEWs units discarded from a non-residential California source, an approved collector shall record the name of the non-residential organization, an address, a contact person and a telephone number.
(D) A list of other handlers and approved collectors who transferred CEWs to the approved collector in any month, including the name and address of the other handler and approved collector and the number of CEWs transferred and the sources of those CEWs as recorded pursuant to parts (A) and (B) of this Section. 
(E) When collecting source-anonymous CEWs, all approved collectors shall:
1. Log the source-anonymous CEW collection activity separately.
2. Provide a brief written description of the activity or incident that resulted in the source-anonymous CEWs.
3. Record the date and location of the activity or incident, the number and an estimate of the weight of source-anonymous CEWs collected from the location of the activity or incident.
4. Record the name, organizational affiliation, address and phone number of a person responsible for the site of the activity or incident.
(2) Records of transfers by load to, and recovery payments from, approved recyclers, including:
(A) Inventory records that document the relationship between the CEWs received from all sources and the CEWs transferred to the approved recycler or to other handlers.
(B) Signed and dated receipts showing the number and weight of CEWs transferred. The approved collector shall identify and record each approved recycler using the name and identification number from the recycler's “proof of approval.” 
(3) Records on the costs, revenues and net costs associated with the collection, transportation and disposition of all CEWs handled as specified in Section 18660.10 of this Chapter. 
(k) An approved collector that is acting as a designated approved collector for a local government shall do the following:
(1) Secure proof of designation as defined in Section 18660.5(a)(29) of this of this Chapter.
(2) Provide a copy of the applicable proof of designation to another approved collector or approved recycler at the time CEWs are transferred from the designated approved collector to another approved collector or approved recycler.
(3) A designated approved collector shall be relieved only of the source documentation requirement specified by Section 18660.20(j)(1)(B) of this Chapter only for those collection activities that occur within the designation as specified in subsection k(1) of this section.
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New article 2.2 (sections 18660.20-18660.21) and section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new article 2.2 (sections 18660.20-18660.21) and section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. New subsections (c)(5) and (h)(4), amendment of subsections (j)(1)(B)-(C) and new subsections (j)(1)(D) and (k)-(k)(3) filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including further amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.21. Requirements for an Approved Recycler.
Note     •     History

(a) Upon CIWMB approval of its application, an approved recycler may begin claiming recycling payments for CEWs received from an approved collector and cancelled after the approval. 
(b) An approved recycler shall comply with the requirements of this Chapter, including: 
(1) Begin CEW cancellation activities within 180 calendar days of approval. The CIWMB may revoke approval if a recycler fails to begin CEW cancellation within 180 days. 
(2) Accept transfer of and cancel at least one (1) load of CEWs from an approved collector within 180 days of approval. Approved dual entities may also meet this requirement by both collecting and canceling at least one load of CEWs within 180 days of approval. The CIWMB may revoke approval if a recycler fails to cancel at least one load within 180 days of approval. 
(3) Record each approved collector's proof of approval identification number and provide a receipt showing the weight and number of CEWs transferred and the amount of the corresponding recovery payment due to the collector. 
(4) Make recovery payments to approved collectors, or their agents, for all CEWs transferred, in accordance with this Chapter, at the time of transfer of CEWs, or at a later time specified in a written contract between the approved collector and approved recycler, but not more than 90 days from the date of transfer. 
(5) Cancel CEWs by one or more of the manners prescribed in Section 18660.32 of this Chapter. 
(A) An approved recycler shall maintain a processing log that records the date, method of cancellation, and quantity in pounds of CEWs cancelled.
(B) An approved recycler shall maintain inventory records that document the relationship between CEWs received from approved collectors, CEWs processed and cancelled by the approved recycler, and treatment residuals shipped to end-use destinations.
(6) Submit recycling payment claims to the CIWMB as specified in Sections 18660.22 through 18660.31 of this Chapter. 
(7) Submit to and obtain a DTSC inspection, within any 12-month period. 
(c) Based on information supplied by approved collectors, an approved recycler shall, at a minimum, keep track of the weight of CEWs from both California and non-California sources transferred from approved collectors and ensure that recycling payments are not claimed for non-California source materials. 
(d) An approved recycler shall not provide recovery payment to approved collectors for CEWs from non-California sources, or to approved collectors that fail to provide complete and applicable source documentation on CEW origin pursuant to Section 18660.20(h) of this Chapter. 
(e) An approved recycler shall not claim recycling payments for non-California CEWs. 
(f) Approved recyclers shall determine if CEWs they accept from collectors have already been cancelled and shall keep track of the weight of those materials and ensure that recycling payments are not claimed for these materials. 
(g) An approved recycler shall not provide recovery payment to approved collectors for previously cancelled material. 
(h) An approved recycler shall not claim recycling payments for previously cancelled material. 
(i) An approved recycler may deny recovery payments for commingled loads in which CEWs cannot be distinguished from other materials. 
(j) An approved recycler shall operate in accordance with all Federal, State and local laws and regulations. 
(k) An approved recycler shall:
(1) Be equipped with scales and be a weighmaster in accordance with Chapter 7 (commencing with Section 12700) of Division 5 of the Business and Professions Code.
(2) Measure, record and report weights in pounds and issue certified weights. 
(3) Weigh CEWs and/or treatment residuals on a scale or other device approved, tested and sealed in accordance with Division 5 (commencing with Section 12500) of the Business and Professions Code. 
(l) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, an approved recycler shall maintain the following records: 
(1) A receiving log containing a brief written description of CEW transfers by load from approved collectors, the number and weight of CEWs transferred, and the dates the transfers from collectors occurred. 
(2) Records of CEW transfers, including all documentation received from an approved collector as specified in Section 18660.20(h), and recovery payments made and/or owed to approved collectors, including signed and dated receipts showing the number and weight of CEWs transferred.
(A) The approved recycler shall identify and record each approved collector using the name and identification number from the collector's “proof of approval.”
(B) The approved recycler shall record separately the sum of estimated weights of source-anonymous CEWs reported by and transferred from an approved collector.
(3) A processing log showing the definitive cancellation of CEWs by weight, date and cancellation method, as specified in Section 18660.32 of this Chapter, upon which a payment claim is based. 
(4) Records for all bills of lading for treatment residuals including the following information: 
(A) Date of shipment. 
(B) Quantity and material type in shipment. 
(C) The full name and address of shipping service. 
(D) The full name and address of the buyer or other transferee, and destination name and address if different. 
(5) Records on the net costs associated with the disposition of all CEWs handled, the net costs of accepting the transfer of CEWs, the net costs of each cancellation method used, and any additional administrative costs of providing recovery payments to approved collectors. 
(6) Complete records of all claims, attachments and supporting documentation for all recycling payment claims made to the CIWMB. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Amendment of subsection (l)(2) and new subsections (l)(2)(A)-(B) filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including further amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
Article 2.3. Electronic Waste Payment System -- Recycling Payment Claims
§18660.22. General Requirements for Recycling Payment Claims.
Note     •     History

(a) An approved recycler shall submit all of the following general information in a claim for recycling payments from the CIWMB: 
(1) The full name, mailing address, and federal tax identification number of the recycler preparing the report. 
(2) The name and phone number of a contact person for purposes of the report. 
(3) The reporting month (calendar month and year) and date of preparation of the report. 
(4) The claim activity period, listing the start and end dates.
(5) The total weight of CEW claimed, as calculated in Sections 18660.23, 18660.24, and 18660.25 of this Chapter. 
(6) The total monetary amount being claimed. 
(7) The signature and title of a person with signature authority for payment claims as designated pursuant to Section 18660.11 of this Chapter. The signature block shall include the following certification statements: 
(A) “I hereby declare under penalty of perjury that:” 
1. “The approved recycler whom I represent is currently in compliance with all Federal, State and local requirements, including compliance with the requirements of the Act and this Chapter.” 
2. “All claimed CEWs have been cancelled as specified in Section 18660.32 and are unable to re-enter the payment system, and all treatment residuals specified in Section 18660.22(c) derived from the claimed CEWs have been shipped to an end-use destination authorized to receive and further treat those treatment residuals.” 
3. “I have certified the weights and verified the calculations, including the adjustments for CEWs from non-California sources and for prior cancellation.” 
4. “This payment claim, including any and all accompanying documents has been examined by me and is true, correct and complete.” 
5. “I understand that errors or omissions on my part may result in the CIWMB delaying or denying payment” 
6. “I further understand that fraud could result in revocation of the recycler's approval.” 
(8) The date and place of the signing of the claim. 
(b) For each cancellation method used, an approved recycler shall submit no more than one recycling payment claim per calendar month and may only include one reporting month, as specified by Sections 18660.23, 18660.24 and 18660.25 of this Chapter, in a single recycling payment claim. An approved recycler shall prepare payment claims for different cancellation methods separately, but may submit a package containing all the claims for a reporting month. 
(c) Prior to submitting a payment claim for cancelled CEWs, an approved recycler shall:
(1) Ship all the following treatment residuals derived from the cancelled CEWs to an end-use destination authorized to receive and further treat the treatment residual:
(A) CRT glass cullet if conducting CRT or CRT-containing CEW cancellation through crushing or shredding.
(B) Bare CRTs if conducting CRT or CRT-containing CEW cancellation through dismantling to a bare CRT after relieving the vacuum.
(C) Gas plasma display glass cullet if conducting non-CRT-containing CEW cancellation through crushing or shredding.
(D) Bare gas plasma display panels if conducting non-CRT-containing CEW cancellation through dismantling to a bare panel.
(2) For each cancelled non-CRT-containing CEWs, the recycler shall record and report the manufacturer name, model number, serial number and weight prior to cancellation.
(3) Only those CEWs that have been processed and documented pursuant to the applicable requirements of subsections (c)(1) and (c)(2) of this section shall be claimed for payment.
(d) An approved recycler shall attach all of the following to the payment claim: 
(1) For all CEWs received from collectors during the claim activity period that are cancelled and included in the current claim, a report that includes: 
(A) A list of approved collectors from which the transfers of CEWs were accepted with the name and proof of approval identification number of each. 
(B) The total weight of CEWs in all loads transferred from each approved collector. Note that this weight may not equal the weight claimed for recycling payment because recovery payments are made on the weight of all CEWs transferred while recycling payments are made on the weight of only those CEWs cancelled. 
(C) Signed and dated receipts documenting all CEW transfers from approved collectors.
(D) A copy(ies) of the applicable records specified in Section 18660.21(l)(1)-(4) pertaining to the collection and processing activities involving the CEWs cancelled and being claimed for payment. 
1. Source documentation not associated with the claimed CEWs shall not be included in the report.
2. Transfer documentation not associated with the claimed CEWs shall not be included in the report.
(E) A sum of the estimated weight of source-anonymous CEWs as reported by and transferred from approved collectors.
(2) For all CEWs cancelled during the claim activity period and that are included in the current claim, a description of cancellation activities that includes:
(A) The type(s) of cancellation method used.
(B) The date(s) when cancellation occurred.
(C) The amount of CEWs processed by dismantling, crushing or shredding by date in pounds.
(D) The dates and destinations of all treatment residual shipments required prior to submitting a claim as specified in subsection (c) of this section.
(3) For all CEWs received from collectors during the claim activity period that are not included in a prior claim and that are not cancelled, a description and quantification of those activities including but not limited to storage, repair, refurbishment, resale, reuse, transfer and/or export. 
(e) An approved recycler shall deliver recycling payment claims to the CIWMB's main business office, to the attention of the Accounting Section. An approved recycler shall mark the outside of the package containing the claims clearly with “e-Waste Claim Enclosed.” 
(f) An approved recycler shall submit timely recycling payment claims so that the CIWMB receives each claim within 45 days of the end of the reporting month, as specified by Sections 18660.23, 18660.24 and 18660.25 of this Chapter. The CIWMB may return without payment any claim received more than 45 days after the end of the reporting month, as specified by Sections 18660.23, 18660.24 and 18660.25 of this Chapter. The CIWMB shall determine a claim's receipt as either the date of the postmark on the claim package, or the date the claim package was physically received by the CIWMB, whichever is earlier. 
(g) The CIWMB may reject a claim if it fails to comply with the general requirements of this Section, or the additional requirements in the applicable provisions regarding cancellation methods in Sections 18660.23, 18660.24 and/or 18660.25 of this Chapter. 
(h) The CIWMB's rejection of a recycling payment claim shall not extend any applicable due date or time period. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New article 2.3 (sections 18660.22-18660.31) and section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new article 2.3 (sections 18660.22-18660.31) and section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. New subsection (c)(1)(E) filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including further amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.23. Additional Requirements for Recycling Payment Claims to Demonstrate Cancellation of CRTs or CRT-Containing CEWs Through Crushing or Shredding.
Note     •     History

(a) In addition to the general information required in Section 18660.22 of this Chapter, an approved recycler shall include the information in this Section to claim recycling payments for canceling CRT-containing CEWs through crushing or shredding as specified in Section 18660.32 of this Chapter. 
(b) An approved recycler shall base recycling payment claims on the weight of CRT-containing CEWs cancelled. 
(c) An approved recycler shall submit a recycling payment claim within 45 calendar days of the end of a calendar month in which one or more shipments of CRT glass cullet were sent to an end use destination. 
(d) The reporting month for a recycling payment claim pursuant to this Section is the month in which shipment(s) of CRT glass cullet were made. 
(e) An approved recycler shall calculate the payment and include the calculation in a recycling payment claim specific to canceling CRT-containing CEWs through crushing or shredding as follows: 
(1) The total weight of CRT-containing CEWs cancelled for the reporting month from which all treatment residuals specified in Section 18660.22(c)(1) of this Chapter have been shipped to an end-use destination authorized to receive and further treat those treatment residuals.
(2) The total payment claimed, calculated by multiplying the weight of CRT-containing CEWs specified in subsection (e)(1) of this Section by the Standard Statewide Combined Recovery and Recycling Payment Rate. 
(3) If the amount in subsection (e)(1) of this Section includes CEWs from outside California, CEWs without source documentation, or previously cancelled materials, then the recycler shall reduce the payment claim to reflect these corrections by adjusting the weights. 
(f) An example calculation for canceling CRT-containing CEWs through crushing or shredding is included for illustration purposes as follows: 

The weight of CRT-containing CEWs 
 cancelled: 	1000 pounds 
Times the per pound Standard Statewide combined 
 recovery and recycling payment rate: 	X $0.39

Equals the payment claim for the reporting 
 period:	= $390.00 Total Claim 
(g) An approved recycler shall attach to the payment claim the following documentation from all shipments of CRT glass cullet made during the reporting period of a calendar month: 
(1) Shipping reports to end use destinations, including the names of the shipping recycler and the receiving end-use destination. 
(2) The date of the shipment and the weight of the CRT glass cullet. 
(3) Weight tickets of individual shipments of CRT glass cullet. 
(4) Verification of post cancellation disposition, including: 
(A) For shipments by sea, the proof of disposition to an end-use destination shall be the on-board bill of lading and an executed contract or other documentation from the intended recipient of the shipment. 
(B) For other shipments, the proof of disposition to an end-use destination shall include a receipt issued by the person receiving the shipment and any applicable bill of lading. 
(C) For all shipments of CRT glass cullet, a discussion of the ultimate disposition of the material shipped demonstrating that the disposition is not disposal to land, water or air. 
(h) In addition to the documentation required in subsection (g), an approved recycler shall attach to the payment claim a description and qualification of the disposition of other treatment residuals derived from cancellation of the CRT-containing CEWs, including but not limited to metals, plastics, fibers and wood. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
4. Amendment of subsection (f) filed 6-23-2008; operative 7-1-2008. Amendment filed without review by OAL pursuant to the exemption for regulations which establish or fix rates, prices, or tariffs (Government Code section 11340.9(g)) (Register 2008, No. 26).
§18660.24. Additional Requirements for Recycling Payment Claims to Demonstrate Cancellation of CRTs or CRT-Containing CEWs Through Dismantling to a Bare CRT After Relieving the Vacuum.
Note     •     History

(a) In addition to the general information required in Section 18660.22 of this Chapter, an approved recycler shall include the information in this Section to claim recycling payments for canceling CRT containing CEWs through dismantling to a bare CRT after relieving the vacuum as specified in Section 18660.32 of this Chapter. 
(b) An approved recycler shall base recycling payment claims on the weight of CRT-containing CEWs cancelled. 
(c) An approved recycler shall submit a recycling payment claim within 45 calendar days of the end of a calendar month in which one or more shipments of bare CRTs were sent to an end use destination. 
(d) The reporting month for a recycling payment claim pursuant to this Section is the month in which the shipment(s) of bare CRTs were made. 
(e) An approved recycler shall calculate the payment and include the calculation in a recycling payment claim specific to canceling CRT-containing CEWs through dismantling to a bare CRT as follows: 
(1) The total weight of CRT-containing CEWs cancelled from which all treatment residuals specified pursuant to Section 18660.22(c)(1) of this Chapter have been shipped to an end-use destination authorized to receive and further treat those treatment residuals.
(2) The total payment claimed, calculated by multiplying the weight of CRT-containing CEWs specified in subsection (e)(1) of this Section by the Standard Statewide Combined Recovery and Recycling Payment Rate. 
(3) If the amount in subsection (1) of this Section includes CEWs from outside California, CEWs without source documentation, or previously cancelled materials, then the recycler shall reduce the payment claim to reflect these corrections by adjusting the weights. 
(f) An example calculation for canceling CRT containing CEWs through dismantling to a bare CRT after relieving the vacuum is included for illustration purposes as follows: 

The weight of CRT-containing CEWs 
 cancelled: 	1000 pounds 
Times the per pound Standard Statewide combined 
 recovery and recycling payment rate: 	X $0.39 

Equals the payment claim for the reporting 
 period:	= $390.00 Total Claim 
(g) An approved recycler shall attach the following documentation for all shipments of bare CRTs made during the reporting period of a calendar month: 
(1) Shipping reports to end use destinations, including the names of the shipping recycler and the receiving end-use destination. 
(2) The date of the shipment and the weight of the bare CRTs. 
(3) Weight tickets of individual shipments of bare CRTs. 
(4) Verification of post cancellation disposition, including: 
(A) For shipments by sea, the proof of disposition to an end-use destination shall be the on-board bill of lading and an executed contract or other documentation from the intended recipient of the shipment. 
(B) For other shipments, the proof of disposition to an end-use destination shall include a receipt issued by the person receiving the shipment and any applicable bill of lading. 
(C) For all shipments of bare CRTs, a discussion of the ultimate disposition of the material shipped demonstrating that the disposition is not disposal to land, water or air. 
(h) In addition to the documentation required in subsection (g), an approved recycler shall attach to the payment claim a description and qualification of the disposition of other treatment residuals derived from cancellation of the CRT-containing CEWs, including but not limited to metals, plastics, fibers and wood. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
4. Amendment of subsection (f) filed 6-23-2008; operative 7-1-2008. Amendment filed without review by OAL pursuant to the exemption for regulations which establish or fix rates, prices, or tariffs (Government Code section 11340.9(g)) (Register 2008, No. 26).
§18660.25. Additional Requirements for Recycling Payment Claims to Demonstrate Cancellation of Non-CRT-Containing CEWs.
Note     •     History

(a) In addition to the general information required in Section 18660.22 of this Chapter, an approved recycler shall include the information in this Section to claim recycling payments for canceling non-CRT-containing CEWs through dismantling to a bare panel or crushing/shredding of the entire CEW as specified in Section 18660.32 of this Chapter. 
(b) An approved recycler shall base recycling payment claims on the weight of the cancelled non-CRT-containing CEWs. 
(c) An approved recycler shall submit a recycling payment claim within 45 calendar days of the end of a calendar month in which it cancels non-CRT-containing CEWs. 
(d) The reporting month for a recycling payment claim pursuant to this Section is the calendar month the cancellation occurs. 
(e) An approved recycler shall calculate the payment and include the calculation in a recycling payment claim specific to canceling non-CRT-containing CEWs through dismantling to a bare panel or crushing/shredding of the entire CEW as follows: 
(1) The total weight of cancelled non-CRT-containing CEWs for the reporting month from which all treatment residuals specified pursuant to Section 18660.22(c)(1) of this Chapter have been shipped to an end-use destination authorized to receive and further treat those treatment residuals. Note that non-CRT-containing CEWs commingled with other material are ineligible for recycling payment. 
(2) The total payment claimed, calculated by multiplying the weight of non-CRT-containing CEWs specified in subsection (e)(1) of this Section by the Standard Statewide Combined Recovery and Recycling Payment Rate. 
(3) If the amount in subsection (1) of this Section includes CEWs from outside California or previously cancelled materials, then the recycler shall reduce the payment claim to reflect these corrections by adjusting the weights. 
(4) For each cancelled non-CRT-containing CEWs, the recycler shall record and report the manufacturer name, model number, serial number and weight prior to cancellation. 
(f) An example calculation for canceling non-CRT-containing CEWs through dismantling to a bare panel or crushing/shredding of the entire CEW is included for illustration purposes as follows: 

The weight of non-CRT-containing CEWs 
 cancelled: 	1000 pounds 
Times the per pound Standard Statewide combined 
 recovery and recycling payment rate: 	X $0.39

Equals the payment claim for the reporting 
 period:	= $390.00 Total Claim 
(g) An approved recycler shall attach the following documentation for all shipments of circuit boards from non-CRT-containing CEWs made during the reporting period of a calendar month: 
(1) Shipping reports to end use destinations, including the names of the shipping recycler and the receiving end-use destination. 
(2) The date of the shipment and the weight of the circuit boards. 
(3) Weight tickets of individual shipments of the circuit boards. 
(4) Verification of post cancellation disposition, including: 
(A) For shipments by sea, the proof of disposition to an end-use destination shall be the on-board bill of lading. 
(B) For other shipments, the proof of disposition to an end-use destination shall include a receipt issued by the person receiving the shipment and any applicable bill of lading. 
(C) For all shipments of non-CRT-containing CEWs circuit boards, a discussion of the ultimate disposition of the material shipped demonstrating that the disposition is not disposal to land, water or air. 
(h) In addition to the documentation required in subsection (g), an approved recycler shall attach to the payment claim a description and qualification of the disposition of other treatment residuals derived from cancellation of the non-CRT-containing CEWs, including but not limited to metals, plastics, and fibers. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
4. Amendment of subsection (f) filed 6-23-2008; operative 7-1-2008. Amendment filed without review by OAL pursuant to the exemption for regulations which establish or fix rates, prices, or tariffs (Government Code section 11340.9(g)) (Register 2008, No. 26).
§18660.30. CIWMB Review of Recycling Payment Claims.
Note     •     History

(a) The CIWMB shall review a recycling payment claim and determine if a recycling payment is due pursuant to this Chapter. If the CIWMB has cause to investigate any aspect of a claim, the review may be extended until resolution of all issues aspects under investigation. 
(b) The CIWMB may deny or adjust payment for any of the following reasons: 
(1) The CIWMB determines that: 
(A) The signature on the claim is not that of a person with signature authority for recycling payment claims as designated pursuant to Section 18660.11 of this Chapter. 
(B) The recycler did not have current approval for the reporting period and/or the cancellation period in the claim. 
(C) The approved recycler failed to meet the requirements in this Chapter or committed an activity prohibited in this Chapter. 
(D) The payment claim contains a numerical discrepancy between values or calculations reported on the claim and the CIWMB verified values and calculations. 
(E) The facility has not been inspected by DTSC within the past 12 months, as specified in Section 42479(b)(2)(A) of the Public Resources Code. 
(F) The recycler is ineligible for payment pursuant to Section 42479(b)(1) of the Public Resources Code. 
(G) The payment claim is deficient with regard to any of the following:
1. CEW source documentation
2. CEW transfer documentation
3. CEW processing documentation
4. Treatment residual disposition documentation
5. Any other documentation required as part of a payment claim as specified in Sections 18660.22 through 18660.25 of this Chapter.
(2) The CIWMB has prevailed against the claimant in a civil or administrative action and money is owed to the CIWMB as a result of the action. 
(3) The CIWMB discovers, as part of an application review, claim review or an audit, significant inconsistencies or fraud. 
(c) If the CIWMB adjusts or denies a payment claim based on deficiencies in documentation specified in subsection (b)(1)(G) of this section, an approved recycler shall not resubmit as part of a future claim that same documentation, or any revised form of that documentation, seeking payment for those CEWs for which payment had been denied.
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.31. Appeal of Denied or Adjusted Recycling Payment Claims.
Note     •     History

(a) An approved recycler may file a formal appeal by writing to the CIWMB within 30 calendar days of the warrant date of an adjusted payment or the date of the notice denying the claim. 
(b) Any appeal received by the CIWMB after 30 calendar days from the date of the adjustment letter from the CIWMB on an adjusted payment or the date of the notice denying the claim shall be denied without a hearing or consideration of the appeal. 
(c) An approved recycler shall include all of the following information in a written appeal: 
(1) The recycler's name and identification number from its proof of approval. 
(2) The month(s) and year(s) in question. 
(3) A copy of the recycling payment claim and the notice denying the claim, or a copy of the remittance advice if a payment adjustment is being appealed. 
(4) An explanation of why the adjustment or denial was in error. 
(5) Any other documentation that supports the appeal. 
(d) At any time during the proceeding, before a final decision is issued, the CIWMB, with the consent of the petitioner, may refer the matter to mediation, or binding or non-binding arbitration, consistent with the provisions of Government Code Section 11420.10. 
(e) The CIWMB shall provide a hearing before the executive director, or his or her designee, who shall act as a hearing officer. The hearing officer shall consider the claim, the reasons for payment denial or payment adjustment, and any additional relevant information presented by the claimant or CIWMB staff. The hearing officer shall issue a written decision stating the factual and legal basis for the decision. 
(f) The CIWMB may adopt the decision as the final decision, or review all or a part of the decision at a hearing before the Board. 
(g) The CIWMB will notify the recycler of the final determination in writing within 20 calendar days from the date on which Board adopts a final decision. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Section 42479, Public Resources Code; and Sections 11400.20 and 11415.10, Government Code.
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
Article 2.4. Electronic Waste Payment System -- Cancellation Methods, Recovery Payment Rate, and Combined Recovery and Recycling Payment Rate
§18660.32. Cancellation Methods.
Note     •     History

(a) The CIWMB shall not pay recycling payment claims unless the cancellation method used meets the requirements of this Section. 
(b) An approved recycler shall not use or propose cancellation methods that are inconsistent with any DTSC requirements for handling or otherwise processing CEWs. 
(c) An approved recycler may use the following standard CEW cancellation methods that qualify for recycling payments as specified in the requirements of this Chapter: 
(1) CRT or CRT-containing CEW cancellation through crushing or shredding. 
(2) CRT or CRT-containing CEW cancellation through dismantling to a bare CRT after relieving the vacuum. 
(3) Cancellation of non-CRT-containing CEWs through crushing/shredding of the entire CEW.
(4) Cancellation of non-CRT-containing CEWs through dismantling to a bare panel. 
(d) An approved recycler may submit proposals for alternative cancellation methods to the CIWMB for review on a case-by-case basis. The CIWMB, in consultation with DTSC, shall act within 180 calendar days to disapprove an alternative method, approve an alternative method for use only by the requesting recycler, or approve an alternative method for use by all recyclers. 
(e) An approved recycler shall not claim, and the CIWMB shall not pay, recycling payments for CEWs “cancelled” with an alternative method unless the CIWMB has previously approved the alternative method. The CIWMB shall deny payment on any CEWs “cancelled” with an alternative method prior to CIWMB approval. 
(f) Reuse of either an intact CEW or of a partially disassembled CEW, such as a CRT with an attached yoke, is not cancellation and is not eligible for recycling payments. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New article 2.4 (sections 18660.32-18660.35) and section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new article 2.4 (sections 18660.32-18660.34) and section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.33. Standard Statewide Recovery Payment Rate.
Note     •     History

(a) An approved recycler shall pay an approved collector the Standard Statewide Combined Recovery Payment Rate for all CEWs transferred to the recycler that are accompanied by applicable source documentation pursuant to Section 18660.20(h) of this Chapter regardless of the real or anticipated disposition of the CEWs. 
(b) Beginning July 1, 2008, the Standard Statewide Recovery Payment Rate is $0.16 per pound.
(c) The CIWMB shall review the Standard Statewide Recovery Payment Rate at a public meeting of the Board and establish the rate pursuant to Section 42477 of the Public Resources Code.
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
4. Amendment of subsection (b) filed 6-23-2008; operative 7-1-2008. Amendment filed without review by OAL pursuant to the exemption for regulations which establish or fix rates, prices, or tariffs (Government Code section 11340.9(g)) (Register 2008, No. 26).
§18660.34. Standard Statewide Combined Recovery and Recycling Payment Rate.
Note     •     History

(a) The CIWMB shall pay an approved recycler the Standard Statewide Combined Recovery and Recycling Payment Rate for the weight of CEWs cancelled and claimed pursuant to the requirements of this Chapter, which includes a component for recovery costs and a component for recycling costs. 
(b) Beginning July 1, 2008 and ending on September 15, 2008 the Standard Statewide Combined Recovery and Recycling Payment Rate is $0.43 per pound.
(c) Beginning September 16, 2008, the Standard Statewide Combined Recovery and Recycling Payment Rate is $0.39 per pound.
(d) The CIWMB shall review the Standard Statewide Recovery and Recycling Payment Rate at a public meeting of the Board and establish the rate pursuant to Sections 42477 and 42478 of the Public Resources Code.
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
4. Amendment of subsection (b), new subsection (c) and subsection relettering filed 6-23-2008; operative 7-1-2008. Amendment filed without review by OAL pursuant to the exemption for regulations which establish or fix rates, prices, or tariffs (Government Code section 11340.9(g)) (Register 2008, No. 26).
Article 2.5. Electronic Waste Payment System -- Manufacturer Payments
§18660.35. Manufacturer Registration.
Note     •     History

(a) A manufacturer may apply to become registered, to renew an existing registration, or to revise an existing registration at any time by submitting a complete application. 
(b) In an application for registration, manufacturers shall provide the following general information: 
(1) Name of manufacturer. 
(2) Mailing address and physical address. 
(3) Name of the employee or officer of the manufacturer who is the contact person. 
(4) Telephone number(s) of the contact person. 
(5) An e-mail address of the contact person. 
(6) Name of the employee or officer of the manufacturer who is the primary applicant authorized to sign: 
(A) Payment claims. 
(B) Reports. 
(C) Other payment-related documentation and/or correspondence required by the CIWMB. 
(7) Name of the employee or officer of the manufacturer (if any), in addition to the primary applicant, who is authorized to sign: 
(A) Payment claims. 
(B) Reports. 
(C) Other-payment related documentation and/or correspondence required by the CIWMB. 
(8) An indication of whether the manufacturer wishes to be included in an on-line registry. 
(9) The location in which the records required by this Chapter will be maintained. 
(c) In an application for registration, a manufacturer shall also include the following information about its take back program or activities, including but not limited to: 
(1) The types of California sources from which the manufacturer may take back CEWs, including but not limited to households, businesses, and/or other collectors. 
(2) The type(s) of CEWs that the manufacturer may take back for recycling. 
(3) The mechanism(s) by which the manufacturer will accept CEWs into the take back program, such as mail-in, drop-off, trade-in, or pick-up. 
(4) Any conditions the manufacturer may place on accepting CEWs. 
(5) Whether the manufacturer may recover for the purposes of recycling discarded electronic devices similar to CEWs from outside of the State of California. 
(d) In an application for registration, a manufacturer shall also include the following information regarding the recycling of the CEWs received into its take back program: 
(1) The name and address of the recycling facility(ies) used by the manufacturer. 
(2) A description of the recycling operation used by the manufacturer, including the recycling process that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result. 
(e) In an application for registration, a manufacturer shall make the following certification statements: 
(1) “The undersigned manufacturer agrees under penalty of immediate revocation of registration and denial of manufacturer payments that as an registered manufacturer:” 
(A) “I shall ensure that any CEWs for which payment is claimed originate from a California source.” 
(B) “I shall only claim payment for those CEWs that I take back and process for recycling.” 
(C) “I shall operate in compliance with the requirements of this Chapter, the Act and with all applicable local, state and federal regulatory provisions.” 
(2) “The undersigned manufacturer certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct.” 
(A) The name and signature of the primary applicant who has the authority to sign and bind the manufacturer to this application. 
(B) The date and location of application execution. 
(f) In an application for registration, a manufacturer shall submit a completed “Payee Data Record” STD. 204 Form (Rev. 6-2003 or as revised) -- Department of Finance, State of California with an original signature of the primary applicant. The form will be provided by the CIWMB and is hereby incorporated by reference. 
(g) Within 30 calendar days upon receipt of the application for registration, the CIWMB will notify the manufacturer if the applicant is a registered manufacturer and provide a registration number to be used in all correspondence and claims. 
(h) A registered manufacturer's registration remains valid for 2 years following the date of registration provided that the information in the original application remains unchanged and the manufacturer continues to meet and fulfill the requirements of this Chapter. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a) and 42476, Public Resources Code. 
HISTORY

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. New article 2.5 (sections 18660.35-18660.39) and repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.36. Requirements for a Registered Manufacturer.
Note     •     History

(a) Upon registration with the CIWMB, a registered manufacturer may claim manufacturer payments for those CEWs received by the manufacturer's take back program after the effective date of registration and processed for recycling as specified in Section 18660.6(i)(3) of this Chapter. 
(b) A registered manufacturer shall determine if CEWs received by the manufacturer's take back program and processed for recycling are from California sources or from non-California sources and shall keep track of those materials separately. 
(c) A registered manufacturer shall not request payment for non-California CEWs. 
(d) A registered manufacturer shall not request payment for previously cancelled CEWs. 
(e) A registered manufacturer shall ensure that any CEW on which the manufacturer has claimed manufacturer payment does not enter the recovery and recycling payment system. 
(f) The recycling operation used by a registered manufacturer shall operate in accordance with all Federal, State and local laws and regulations. 
(g) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, a registered manufacturer shall obtain and maintain the following records: 
(1) A written description of the take back program, including the type of consumers from whom CEWs are accepted for take back. 
(2) A record of the number of CEWs collected by the product categories defined in Section 18660.5(a)(32) of this Chapter. 
(3) Records of transfers by load to the recycling operation used by the registered manufacturer, including signed and dated receipts showing the weight and number of CEWs transferred. 
(4) Written description of any activity, such as packaging and consolidation, which explains any discrepancy between the CEWs received through the take back program and the CEWs transferred to the recycling operation used by the manufacturer. 
(5) Records showing any CEWs received through the take back program that are reused, repaired, refurbished or otherwise returned to use. 
(6) Records showing any CEWs received through the take back program that are transferred to another entity without being processed for recycling. 
(7) Records showing the processing for recycling of CEWs by number, screen size, weight, date and recycling method that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result. 
(8) Complete records of all claims, attachments and supporting documentation for all recycling payment claims made to the CIWMB. 
(h) A registered manufacturer shall measure, record and report weights in pounds. A registered manufacturer shall weigh CEWs and/or treatment residuals on a scale or other device approved, tested and sealed in accordance with Division 5 of the Business and Professions Code (Weights and Measures) or in accordance with comparable standards of the state in which the registered manufacturer is located. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476 and 42479, Public Resources Code. 
HISTORY

1. New section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
2. Amendment of subsection (g)(2) filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including further amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.37. Manufacturer Payment Claims.
Note     •     History

(a) A registered manufacturer shall base a manufacturer payment claim on the number of CEWs processed for recycling by screen size(s) as listed in Section 42464(a) of the Public Resources Code. 
(b) A registered manufacturer shall submit all of the following general information in a claim for manufacturer payments from the CIWMB: 
(1) The full name, mailing address, registration number, and federal tax identification number of the registered manufacturer preparing the claim. 
(2) The name and phone number of a contact person for purposes of the claim. 
(3) The period of time covered by the claim and date of preparation of the claim. 
(4) The number of CEW devices claimed: 
(A) In each product category as defined in Section 18660.5(a)(32). 
(B) By screen size as listed in Section 42464(a) of the Public Resources Code. 
(5) The total monetary amount being claimed, as calculated in subsection (f) of this Section. 
(6) The signature and title of a person with signature authority for payment claims as designated pursuant to Section 18660.35(b)(6) or (7) of this Article. The signature block shall include the following certification statements: 
(A) “I hereby declare under penalty of perjury that:” 
1. “All claimed CEWs were received from California sources through the manufacture take back program described in the manufacturer registration.” 
2. “All claimed CEWs have been processed for recycling in a manner that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result.” 
3. “No claimed CEWs were transferred into the recovery and recycling payment system.” 
4. “I have certified the number of devices and verified the calculations.” 
5. “This payment claim, including any and all accompanying documents, has been examined by me and is true, correct and complete.” 
6. “I understand that errors or omissions on my part may result in the CIWMB delaying or denying payment” 
7. “I further understand that fraud could result in revocation of the manufacturer registration.” 
(7) The date and place the claim was signed. 
(c) A registered manufacturer shall submit no more than one payment claim per calendar month. 
(d) The claim period for a manufacturer payment claim pursuant to this Section is the time period within which processing occurs and may not exceed three (3) months. 
(e) A registered manufacturer shall attach all of the following to the payment claim: 
(1) A written description of take back program that collected the CEWs for which payment is being claimed, including the type of consumers from whom CEWs were accepted, and a record of the number of CEWs collected by the product categories as defined in Section 18660.5(a)(32) of this Chapter. 
(2) Records of transfers by load to the registered manufacturer's recycling operation, including signed and dated receipts showing the weight and number of CEWs transferred. 
(3) Written description of any activity, such as packaging and consolidation, which explains any discrepancy between the CEWs received through the take back program and the CEWs transferred to the manufacturer's recycling operation. 
(4) Records showing any CEWs received through the take back program that are reused, repaired, refurbished or otherwise returned to use. 
(5) Records showing any CEWs received through the take back program that are transferred to another entity without being processed for recycling. 
(6) Records showing the processing for recycling of CEWs by number, screen size, weight, date and recycling method that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result. 
(f) A registered manufacturer shall calculate the payment and include the calculation in a manufacturer payment claim as follows: 
(1) The total number of CEWs, by screen size as specified in Section 42464(a) of the Public Resources Code, that are processed for recycling during the claim period. 
(2) The total payment claimed, calculated by: 
(A) Multiplying the number of CEWs in each screen size category by the value of the covered electronic waste recycling fee that applies to that category. 
(B) Adding the calculations in (A) above for each screen size category calculation together. 
(g) An example calculation for a manufacturer claim is included for illustration purposes as follows: 

The number CEWs processed for recycling by screen size: 

100 devices with less than 15 inch screen size 	100 devices 
Times the covered electronic waste recycling 
 fee for category 	x $6.00  
		
	$600.00 

200 devices greater than or equal to 15 inch 
 screen size but less than 35 inch screen size 	200 devices 
Times the covered electronic waste recycling 
 fee for category 	x $8.00  
		
	$1600.00 

Equals the payment claim for the claim period: ($600.00+$1600.00)= $2200.00 Total Claim 
(h) A registered manufacturer shall deliver manufacturer payment claims to the CIWMB's main business office, to the attention of the Accounting Section. A registered manufacturer shall mark the outside of the package containing the claims clearly with “e-Waste Claim Enclosed.” 
(i) A registered manufacturer shall submit timely manufacturer payment claims so that the CIWMB receives each claim within 45 days of the end of the claim period. The CIWMB may return without payment any claim received more than 45 days after the end of the claim period. The CIWMB shall determine a claim's receipt as either the date of the postmark on the claim package, or the date the claim package was physically received by the CIWMB, whichever is earlier. 
(j) The CIWMB may reject a claim if it fails to comply with the requirements of this Section. 
(k) The CIWMB's rejection of a manufacturer payment claim shall not extend any applicable due date or time period. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476 and 42479, Public Resources Code. 
HISTORY

1. New section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
2. Amendment of subsections (b)(4)(A) and (e)(1) filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.38. CIWMB Review of Manufacturer Payment Claims.
Note     •     History

(a) The CIWMB shall review a manufacturer payment claim and determine if a manufacturer payment is due pursuant to this Chapter. If the CIWMB has cause to investigate any aspect of a claim, the review will be extended until resolution of all issues aspects under investigation. 
(b) The CIWMB may deny payment for any of the following reasons: 
(1) The CIWMB determines that: 
(A) The signature on the claim is not that of a person with signature authority for registered manufacturer payment claims as designated pursuant to Section 18660.35(b)(6) or (7) of this Article. 
(B) The registered manufacturer did not have current registration for the claim period. 
(C) The registered manufacturer failed to meet the requirements in this Chapter or committed an activity prohibited in this Chapter. 
(D) The payment claim contains a numerical discrepancy between values or calculations reported on the claim and the CIWMB verified values and calculations. 
(2) The CIWMB has prevailed against the claimant in a civil or administrative action and money is owed to the CIWMB as a result of the action. 
(3) The CIWMB discovers, as part of an application review, claim review or an audit, significant inconsistencies or fraud. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a) and 42476, Public Resources Code. 
HISTORY

1. New section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
2. Certificate of Compliance as to 12-13-2004 order transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.39. Appeal of Denied or Adjusted Manufacturer Payment Claims.
Note     •     History

(a) A registered manufacturer may file a formal appeal by writing to the CIWMB within 30 calendar days of the warrant date of an adjusted payment or the date of the notice denying the claim. 
(b) Any appeal received by the CIWMB after 30 calendar days from the date of the adjustment letter from the CIWMB on an adjusted payment or the date of the notice denying the claim shall be denied without a hearing or consideration of the appeal. 
(c) A registered manufacturer shall include all of the following information in a written appeal: 
(1) The registered manufacturer's name and registration. 
(2) The month(s) and year(s) in question. 
(3) A copy of the manufacturer payment claim and the notice denying the claim, or a copy of the remittance advice if a payment adjustment is being appealed. 
(4) An explanation of why the adjustment or denial was in error. 
(5) Any other documentation that supports the appeal. 
(d) At any time during the proceeding, before a final decision is issued, the CIWMB, with the consent of the petitioner, may refer the matter to mediation, or binding or non-binding arbitration, consistent with the provisions of Government Code Section 11420.10. 
(e) The CIWMB shall provide a hearing before the executive director, or his or her designee, who shall act as a hearing officer. The hearing officer shall consider the claim, the reasons for payment denial or payment adjustment, and any additional relevant information presented by the claimant or CIWMB staff. The hearing officer shall issue a written decision stating the factual and legal basis for the decision. 
(f) The CIWMB may adopt the decision as the final decision, or review all or a part of the decision at a hearing before the Board. 
(g) The CIWMB will notify the registered manufacturer of the final determination in writing within 20 calendar days from the date on which Board adopts a final decision. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Section 42476, Public Resources Code; and Sections 11400.20 and 11415.10, Government Code.
HISTORY

1. New section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
2. Certificate of Compliance as to 12-13-2004 order transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
Article 2.6. Covered Electronic Waste Recycling Fee
§18660.40. Fee Amounts.
Note     •     History

The covered electronic waste recycling fee paid by a consumer upon the purchase of a new or refurbished covered electronic device pursuant to Section 42464 of the Public Resources Code shall be the following amounts: 
(a) On or after January 1, 2009, eight dollars ($8), and on or after January 1, 2011, six dollars ($6), for each covered electronic device with a screen size of less than 15 inches measured diagonally. 
(b) On or after January 1, 2009, sixteen dollars ($16), and on or after January 1, 2011, eight dollars ($8), for each covered electronic device with a screen size greater than or equal to 15 inches but less than 35 inches measured diagonally.
(c) On or after January 1, 2009, twenty five dollars ($25), and on or after January 1, 2011, ten dollars ($10), for each covered electronic device with a screen size greater than or equal to 35 inches measured diagonally. 
NOTE

Authority cited: Sections 40502 and 42475.2, Public Resources Code. Reference: Sections 42464, 42464.2 and 42464.4, Public Resources Code.
HISTORY

1. New article 2.6 (section 18660.40) and section filed 11-13-2008 as an emergency; operative 11-13-2008 (Register 2008, No. 46). Pursuant to Public Resources Code section 42475.2(b) this is a statutory deemed emergency and the emergency language remains in effect until 11-14-2010 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board, prior to that date, whichever occurs sooner.
2. New article 2.6 (section 18660.40) and section refiled with amendments 10-27-2010 as an emergency; operative 10-27-2010 (Register 2010, No. 44). Pursuant to Public Resources Code section 42475.2(b) this is a statutory deemed emergency and the emergency language remains in effect until 10-27-2012 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.
Article 3. Manufacturer Reporting
§18660.41. Reporting Requirements.
Note     •     History

Each manufacturer as defined by Section 42463(n) of the Public Resources Code shall submit an annual report to the CIWMB on or before July 1, 2005, and annually thereafter, for the period of the previous calendar year. Each manufacturer shall report information by brand name of covered electronic devices sold in the state. 
(a) The report shall include the following: 
(1) Name and address of the manufacturer; and name, address, phone number, and email address for a contact person of the manufacturer. 
(2) The information elements, as described in Section 42465.2 of the Public Resources Code and specified in Sections 18660.41(b) through (f), below. 
(b) The sales reporting shall include: 
(1) Data on the number of covered electronic devices sold in the state by product category.
(2) An explanation of the methodology used to estimate data. 
(c) The materials reporting shall include: 
(1) An estimated average amount in milligrams for mercury, cadmium, lead, hexavalent chromium, including their alloys and compounds, and PBBs used in covered electronic devices, and all their component parts by product category. 
(2) Estimates may be based on either physical testing or maximum tolerance levels of the material in product design specifications. 
(3) An explanation of the methodology used to estimate data. 
(d) Recyclable content reporting shall include: 
(1) Estimates on the amount in tons of recyclable content materials (e.g., plastics, glass, and metals) contained in covered electronic devices; 
(2) The increase from the previous year in the use of recyclable content materials; and 
(3) An explanation of the methodology used to estimate recyclable content. 
(e) Design for recycling reporting shall include: 
(1) Information on current activities and future plans related to the design of covered electronic devices, including but not limited to, the following: 
(A) Ease of disassembly of covered electronic devices; 
(B) Identification of resin types; and 
(C) Improved materials efficiency through reduction in hazardous materials use or other approaches. 
(f) List of retailers noticed pursuant to Section 42465.2(a)(1)(E) of the Public Resources Code shall include: 
(1) The contact information used by the manufacturer to perform the notice, such as the name, address, contact person, phone number and/or email address of the retailer to which the notice was made. 
(2) The list of covered products contained in the notice. 
(g) Manufacturers shall individually submit to the CIWMB samples of the consumer information and description of all methods used to comply with Section 18660.42 of this Chapter. Manufacturers shall submit this information at the same time they comply with Section 18660.41(a) through (e), above. 
(h) Each manufacturer shall maintain the report and all supporting documentation for three years after the report is submitted. If the CIWMB or DTSC requests a copy of the supporting documentation the manufacturer shall submit the supporting documentation within 10 days of the request. 
(i) Each manufacturer shall provide a certification under penalty of perjury that the information is true and correct. 
(j) Collective reporting -- Compliance with the reporting required in Sections 18660.41(b) through (f), above, is the individual responsibility of each manufacturer. A manufacturer may comply with the reporting requirements in subsections (b) and (c), above, by submitting a collective report for the subsections containing sales and materials information, if the following conditions are met: 
(1) A collective report must contain all of the information required in Sections 18660.41(b) and (c), above, but may combine the information for those manufacturers submitting information for the collective report; 
(2) The collective report shall contain a list of all manufacturers whose reports are included in the collective report. This list shall include the name of the manufacturer and address of the manufacturer; and name, address, phone number, and email address for a contact person of the manufacturer; 
(3) Each manufacturer shall provide a certification under penalty of perjury that the information provided for the collective report is true and correct; and 
(4) Notwithstanding Section 18660.41(j)(1) through (3), above, the CIWMB may request, on a case-by-case basis, a manufacturer to submit an individual report with the information required in Sections 18660.41(b) and (c), above, and all supporting documentation of the information contained in the report. In response to CIWMB's request, the manufacturer shall submit an individual report and supporting documentation within ten days of receiving the CIWMB's request. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Section 42465.2, Public Resources Code. 
HISTORY

1. New article 3 (section 18660.41) and section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new article 3 (section 18660.41) and section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
Article 4. Consumer Information Required of a Manufacturer
§18660.42. Requirements.
Note     •     History

A manufacturer shall do the following: 
(a) Make the consumer information required by Section 42465.2(a)(2) of the Public Resources Code available in English and Spanish; and 
(b) If a manufacturer uses a centralized database or Internet site to meet the requirement in (a), the manufacturer must maintain the databases or Internet site for their accuracy. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Section 42465.2, Public Resources Code. 
HISTORY

1. New article 4 (section 18660.42) and section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new article 4 (section 18660.42) and section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
Article 5. Confidential, Proprietary and Trade Secret Information
§18660.43. Requirements.
Note     •     History

The protection from disclosure of information or the disclosure of information submitted to the CIWMB by a collector, a recycler, or a manufacturer of covered electronic devices, pursuant to this Chapter, shall be governed by the standards adopted by the Board found at Sections 17041 through 17046, of this Title. 
NOTE

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42465.2(c) and 42475(c), Public Resources Code 
HISTORY

1. New article 5 (section 18660.43) and section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new article 5 (section 18660.43) and section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide Integrated Waste   Management Plans

(Ed. Note: For prior history see Register 89, No. 1 and 83, No. 6)
Article 3. Definitions
§18700. Authority. [Repealed]
Note     •     History

NOTE

Authority cited: Section 66790, Government Code. Reference: Section 66796.22, Government Code.
HISTORY

1. New chapter 9 (sections 18700-18752, not consecutive) filed 11-27-78; effective thirtieth day thereafter (Register 78, No. 47).
2. Repealer of chapter 9 (articles 1-6, sections 18700-18752, not consecutive) filed 2-3-83; effective thirtieth day thereafter (Register 83, No. 6). For prior history, see Register 79, No. 23.
3. Editorial correction restoring HISTORY of section 18700 (Register 91, No. 26).
4. Amendment of chapter heading filed 3-31-94 as an emergency; operative 3-31-94 (Register 94, No. 13).  A Certificate of Compliance must be transmitted to OAL by 3-31-97 pursuant to Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
5. Amendment of chapter heading filed 7-22-94; operative 8-22-94 (Register  94, No. 29)
6. Reinstatement of chapter heading as it existed prior to 3-31-94 emergency amendment filed 7-31-97 by operation of Government Code section 11346.1(g) (Register 97, No. 31).
§18720. Definitions.
Note     •     History

(a) The following definitions shall apply to the regulations contained in this chapter.
(1) Agricultural wastes.
“Agricultural wastes” means solid wastes of plant and animal origin, which result from the production and processing of farm or agricultural products, including manures, orchard and vineyard prunings, and crop residues, which are removed from the site of generation for solid waste management. Agricultural refers to SIC Codes 011 through 0291.
(2) Aluminum can or aluminum container.
“Aluminum can” or “aluminum container” means any food or beverage container that is composed of at least 94% aluminum.
(3) Asbestos.
“Asbestos” means fibrous forms of various hydrated minerals, including chrysotile (fibrous serpentine), crocidolite (fibrous reibecktite), amosite (fibrous cummingtonite-grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.
(4) Ash.
“Ash” or “ashes” means the residue from the combustion of any solid or liquid material.
(5) Bi-metal container.
“Bi-metal container” means any metal container composed of at least two different types of metals, such as a steel container with an aluminum top.
(6) Best readily available and applicable data or representative data.
“Best readily available and applicable data” or “representative data” means information that is available to a jurisdiction from published sources, field sampling, the Board, or other identifiable entities which is the most current data and which addresses the situation being examined.
(7) Buy-back recycling center.
“Buy-back recycling center” means a facility which pays a fee for the delivery and transfer of ownership to the facility of source separated materials, for the purpose of recycling or composting.
(8) Capital costs.
“Capital costs” means those direct costs incurred in order to acquire real property assets such as land, buildings and building additions; site improvements; machinery; and equipment.
(9) Commercial solid wastes.
“Commercial solid waste” means solid waste originating from stores, business offices, commercial warehouses, hospitals, educational, health care, military, and correctional institutions, non-profit research organizations, and government offices. Commercial solid waste refers to SIC Codes 401 through 4939, 4961, and 4971 (transportation, communications and utilities), 501 through 5999 (wholesale and retail trade), 601 through 679 (finance, insurance and real estate), 701 through 8748 (public and private service industries such as hospitals and hotels), and 911 through 9721 (public administration). Commercial solid wastes do not include construction and demolition waste.
(10) Commercial unit.
“Commercial unit” means a site zoned for a commercial business and which generates commercial solid wastes.
(11) Composition.
“Composition” means a set of identified solid waste materials, categorized into waste categories and waste types pursuant to sections 18722(i) and (j) of article 6.1 of this chapter.
(12) Composting.
“Composting” means a method of waste treatment which produces a product meeting the definition of “compost” in Public Resources Code section 40116.
(13) Composting facility.
“Composting facility” means a permitted solid waste facility at which composting is conducted and which produces a product meeting the definition of “compost” in Public Resources Code section 40116.
(14) Construction and demolition waste.
“Construction and demolition waste” includes solid wastes, such as building materials; and packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings, and other structures. Construction refers to SIC Codes 152 through 1794, 1796, and 1799. Demolition refers to SIC Code 1795.
(15) Corrugated Container.
“Corrugated container” means a paperboard container fabricated from two layers of kraft linerboard sandwiched around a corrugating medium. Kraft linerboard means paperboard made from wood pulp produced by a modified sulfate pulping process, with basis weight ranging from 18 to 200 pounds, manufactured for use as facing material for corrugated or solid fiber containers. Linerboard also may mean that material which is made from reclaimed paper stock. Corrugating medium means paperboard made from chemical or semichemical wood pulps, straw or reclaimed paper stock, and folded to form permanent corrugations. Corrugated container refers to SIC Code 2653.
(16) Cost-effective.
“Cost-effective” means a measurement of cost compared to an unvalued output (e.g., the cost per ton of solid waste collected) such that the lower the cost, the more cost-effective the action.
(17) Disposal.
“Disposal” means the management of solid waste through landfilling or transformation at permitted solid waste facilities.
(18) Disposal capacity.
“Disposal capacity” means the capacity, expressed in either weight in tons or its volumetric equivalent in cubic yards, which is either currently available at a permitted solid waste landfill, or will be needed for the disposal of solid waste generated within the jurisdiction over a specified period of time.
(19) Diversion Alternative.
“Diversion alternative” means any activity, existing or occurring in the future, which has been, is, or will be implemented by a jurisdiction which could result in or promote the diversion of solid waste, through source reduction, recycling or composting, from solid waste landfills and transformation facilities.
(20) Drop-off recycling center.
“Drop-off recycling center” means a facility which accepts delivery or transfer of ownership of source separated materials for the purpose of recycling or composting, without paying a fee. Donation of materials to collection organizations, such as charitable groups, is included in this definition.
(21) Durability.
“Durability” means the ability of a product to be used for its intended purpose for a period greater than the mean useful product life span of similar products.
(22) End market or end use.
“End market” or “end use” means the use or uses of a diverted material or product which has been returned to the economic mainstream, whether or not this return is through sale of the material or product. The material or product can have a value which is less than the solid waste disposal cost.
(23) Feasible.
“Feasible” means that a specified program, method, or other activity can, on the basis of cost, technical requirements and time frame for accomplishment, be undertaken to achieve the objectives and tasks identified by a jurisdiction in a Countywide Integrated Waste Management Plan.
(24) Ferrous metals.
“Ferrous metals” means any iron or steel scrap which has an iron content sufficient for magnetic separation.
(25) Food waste.
“Food waste” means all animal and vegetable solid wastes generated by food facilities, as defined in California Health and Safety Code section 27521, or from residences, that result from the storage, preparation, cooking, or handling of food.
(26) Hazard.
“Hazard” means having one or more of the characteristics that cause a substance or combination of substances to qualify as a hazardous material, as defined by section 66084 of title 22 of the California Code of Regulations.
(27) Household hazardous waste.
“Household hazardous wastes” are those wastes resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed.
(28) Household hazardous waste collection.
“Household hazardous waste collection” means a program activity in which household hazardous wastes are brought to a designated collection point where the household hazardous wastes are separated for temporary storage and ultimate recycling, treatment, or disposal.
(29) Implementation.
“Implementation” means the accomplishment of the program tasks as identified in each component required by section 18733 of this chapter.
(30) Industrial solid waste.
“Industrial solid waste” means solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, and publicly operated treatment works, and/or solid wastes placed in debris boxes.
(31) Industrial unit.
“Industrial unit” means a site zoned for an industrial business and which generates industrial solid wastes.
(32) Inert solids or inert waste.
“Inert solids” or “inert waste” means a non-liquid solid waste including, but not limited to, soil and concrete, that does not contain hazardous waste or soluble pollutants at concentrations in excess of water-quality objectives established by a regional water board pursuant to division 7 (commencing with section 13000) of the California Water Code and does not contain significant quantities of decomposable solid waste.
(33) Jurisdiction.
“Jurisdiction” means the city or county responsible for preparing any one or all of the following: the Countywide Integrated Waste Management Plan, or the Countywide Siting Element, or the Source Reduction and Recycling Element.
(34) Marine wastes.
“Marine wastes” means solid wastes generated from marine vessels and ocean work platforms, solid wastes washed onto ocean beaches, and litter discarded on ocean beaches.
(35) Market development.
“Market development” means a method of increasing the demand for recovered materials so that end markets for the materials are established, improved or stabilized and thereby become more reliable.
(36) Materials recovery facility.
“Materials recovery facility” means a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated, by hand or by use of machinery, for the purposes of recycling or composting.
(37) Medium-term planning period.
“Medium-term planning period” means a period beginning in the year 1996 and ending in the year 2000.
(38) Mixed paper.
“Mixed paper” means a waste type which is a mixture, unsegregated by color or quality, of at least two of the following paper wastes: newspaper, corrugated cardboard, office paper, computer paper, white paper, coated paper stock, or other paper wastes.
(39) Model component format.
“Model component format” means that format described in sections 18733.1 through 18733.6 of article 6.2 of this chapter which shall be used for preparation of several of the individual components of a SRR Element.
(40) Municipal solid waste or MSW.
“Municipal solid waste” or “MSW” means all solid wastes generated by residential, commercial, and industrial sources, and all solid waste generated at construction and demolition sites, at food-processing facilities, and at treatment works for water and waste water, which are collected and transported under the authorization of a jurisdiction or are self-hauled. Municipal solid waste does not include agricultural crop residues (SIC Codes 071 through 0724, 0751), animal manures (SIC Code 0751), mining waste and fuel extraction waste (SIC Codes 101 through 1499), forestry wastes (SIC Codes 081 through 0851, 2411 and 2421), and ash from industrial boilers, furnaces and incinerators.
(41) Non-ferrous metals.
“Non-Ferrous metals” means any metal scraps that have value, and that are derived from metals other than iron and its alloys in steel, such as aluminum, copper, brass, bronze, lead, zinc and other metals, and to which a magnet will not adhere.
(42) Non-recyclable paper.
“Non-recyclable paper” means discarded paper which has no market value because of its physical or chemical or biological characteristics or properties.
(43) Non-renewable resource.
“Non-renewable resource” means a resource which cannot be replenished, such as those resources derived from fossil fuels.
(44) Normally disposed of.
“Normally disposed of” refers to those waste categories and waste types which:
1) have been demonstrated by the Solid Waste Generation Study, conducted pursuant to section 18722 of this chapter, to constitute at least 0.001% of the total weight of solid wastes disposed in a solid waste stream attributed to the jurisdiction as of January 1, 1990;
2) which are deposited at permitted solid waste landfills or transformation facilities subsequent to any recycling or composting activities at those solid waste facilities; and
3) which are allowed to be considered in the establishment of the base amount of solid waste from which source reduction, recycling, and composting levels shall be calculated, pursuant to the limitations listed in Public Resources Code section 41781(b).
(45) Old newspaper.
“Old newspaper” means any newsprint which is separated from other types of solid waste or collected separately from other types of solid waste and made available for reuse and which may be used as a raw material in the manufacture of a new paper product.
(46) Operational costs.
“Operational costs” means those direct costs incurred in maintaining the ongoing operation of a program or facility. Operational costs do not include capital costs.
(47) Organic waste.
“Organic waste” means solid wastes originated from living organisms and their metabolic waste products, and from petroleum, which contain naturally produced organic compounds, and which are biologically decomposable by microbial and fungal action into the constituent compounds of water, carbon dioxide, and other simpler organic compounds.
(48) Other plastics.
“Other plastics” means all waste plastics except polyethylene terephthalate (PET) containers, film plastics, and high density polyethylene (HDPE) containers.
(49) Permitted capacity.
“Permitted capacity” means that volume in cubic yards or weight in tons which a solid waste facility is allowed to receive, on a periodic basis, under the terms and conditions of that solid waste facility's current Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Integrated Waste Management Board.
(50) Permitted landfill.
“Permitted landfill” means a solid waste landfill for which there exists a current Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Integrated Waste Management Board, or which is permitted under the regulatory scheme of another state.
(51) Permitted solid waste facility.
“Permitted solid waste facility” means a solid waste facility for which there exists a Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Integrated Waste Management Board, or which is permitted under the regulatory scheme of another state.
(52) Plan or Countywide Integrated Waste Management Plan.
“Plan” or “Countywide Integrated Waste Management Plan” means the Countywide Integrated Waste Management Plan as defined in section 41750 of the Public Resources Code.
(53) Program.
“Program” means the full range of source reduction, recycling, composting, special waste, or household hazardous waste activities undertaken by or in the jurisdiction or relating to management of the jurisdiction's waste stream to achieve the objectives identified in the Source Reduction, Recycling, Composting, and Special Waste components, and Household Hazardous Waste Element, respectively.
(54) Purchase preference.
“Purchase preference” means a preference provided to a wholesale or retail commodity dealer which is based upon the percentage amount that the costs of products made from recycled materials may exceed that of similar non-recycled products and still be deemed the lowest bid.
(55) Rate structure.
“Rate structure” means that set of prices established by a jurisdiction, special district (as defined in Government Code section 56036), or other rate setting authority to compensate the jurisdiction, special district or rate setting authority for the partial or full costs of the collection, processing, recycling, composting, and/or transformation or landfill disposal of solid wastes.
(56) Recovered material.
“Recovered material” means material which has been retrieved or diverted from disposal or transformation for the purpose of recycling, re-use or composting. “Recovered material” does not include those materials generated from and reused on site for manufacturing purposes.
(57) Region.
“Region” means the combined geographic area of two or more incorporated areas; two or more unincorporated areas; or any combination of incorporated and unincorporated areas.
(58) Repairability.
“Repairability” means the ability of a product or package to be restored to a working or usable state at a cost which is less than the replacement cost of the product or package.
(59) Residential solid waste.
“Residential solid waste” means solid waste originating from single-family or multiple family dwellings.
(60) Residential unit.
“Residential unit” means a site occupied by a building which is zoned for residential occupation and whose occupants generate residential solid wastes.
(61) Reusability.
“Reusability” means the ability of a product or package to be used more than once in its same form.
(62) Re-use.
“Re-use” means the use, in the same form as it was produced, of a material which might otherwise be discarded.
(63) Rubber.
“Rubber” means an amorphous polymer of isoprene derived from natural latex of certain tropical plants or from petroleum.
(64) Salvage.
“Salvage” means the controlled removal of solid waste materials at a permitted solid waste facility for recycling, re-use, composting, or transformation.
(65) Seasonal.
“Seasonal” means those periods of time during the calendar year which are identifiable by distinct cyclical patterns of local climate, demography, trade or commerce.
(66) Sewage sludge.
“Sewage sludge” means residual solids and semi-solids resulting from the treatment of waste water, but does not include waste water effluent discharged from such treatment processes.
(67) Short-term planning period.
“Short-term planning period” means a period beginning in the year 1991 and ending in the year 1995.
(68) SIC Code.
“SIC Code” means the standards published in the U.S. Standard Industrial Classification Manual (1987), which is herein incorporated by reference.
(69) Sludge.
“Sludge” means residual solids and semi-solids resulting from the treatment of water, waste water, and/or other liquids. Sludge includes sewage sludge and sludge derived from industrial processes, but does not include effluent discharged from such treatment processes.
(70) Solid Waste Generation Study.
“Solid Waste Generation Study” means the study undertaken by a jurisdiction to characterize its solid waste stream and comply with all the requirements of sections 18722, 18724, and 18726 of this chapter.
(71) Source Reduction and Recycling Element or SRR Element.
“Source Reduction and Recycling Element” or “SRR Element” means the source reduction and recycling element required pursuant to Public Resources Code sections 41000 and 41300.
(72) Source separated.
“Source separated” describes the segregation, by the generator, of materials designated for separate collection for some form of materials recovery or special handling.
(73) Special waste.
“Special waste” means any hazardous waste listed in section 66740 of title 22 of the California Code of Regulations, or any waste which has been classified as a special waste pursuant to section 66744 of title 22 of the California Code of Regulations, or which has been granted a variance for the purpose of storage, transportation, treatment, or disposal by the Department of Health Services pursuant to section 66310 of title 22 of the California Code of Regulations. Special waste also includes any solid waste which, because of its source of generation, physical, chemical or biological characteristics or unique disposal practices, is specifically conditioned in a solid waste facilities permit for handling and/or disposal.
(74) Statistically representative.
“Statistically representative” means those representative and random samples of units that are taken from a population sample, pursuant to the procedures given in appendix 1 of article 6.1 of this chapter. For the purposes of this definition, population sample includes, but is not limited to, a sample from a population of solid waste generation sites, solid waste facilities and recycling facilities, or a population of items of materials and solid wastes in a refuse vehicle load of solid waste.
(75) Tin can or tin container.
“Tin can” or “tin container” means any food or beverage container that is composed of steel with a tin coating.
(76) Ton.
“Ton” means a unit of weight in the U.S. Customary System of Measurement, an avoirdupois unit equal to 2,000 pounds. Also called short ton or net ton.
(77) Transformation facility.
“Transformation facility” means a facility whose principal function is to convert, combust, or otherwise process solid waste by incineration, pyrolysis, destructive distillation, or gasification, or to chemically or biologically process solid wastes, for the purpose of volume reduction, synthetic fuel production, or energy recovery. Transformation facility does not include a composting facility.
(78) Volume.
“Volume” means a three dimensional measurement of the capacity of a region of space or a container. Volume is commonly expressed in terms of cubic yards or cubic meters. Volume is not expressed in terms of mass or weight.
(79) Waste categories.
“Waste categories” means the grouping of solid wastes with similar properties into major solid waste classes, such as grouping together office, corrugated and newspaper as a paper waste category, as identified by the solid waste classification system contained in section 18722 of article 6.1 of this chapter, except where a component-specific requirement provides alternative means of classification.
(80) Waste diversion.
“Waste diversion” means to divert solid waste, in accordance with all applicable federal, state and local requirements, from disposal at solid waste landfills or transformation facilities through source reduction, recycling or composting.
(81) Waste generator.
“Waste generator” means any person, as defined by section 40170 of the Public Resources Code, whose act or process produces solid waste as defined in Public Resources Code section 40191, or whose act first causes solid waste to become subject to regulation.
(82) Waste type.
“Waste type” means identified wastes having the features of a group or class of wastes which are distinguishable from any other waste type, as identified by the waste classification system contained in section 18722 of article 6.1 of this chapter, except where a component-specific requirement provides alternative means of classification.
(83) White goods.
“White goods” means discarded, enamel-coated major appliances, such as washing machines, clothes dryers, hot water heaters, stoves and refrigerators.
(84) Wood waste.
“Wood waste” means solid waste consisting of wood pieces or particles which are generated from the manufacturing or production of wood products, harvesting, processing or storage of raw wood materials, or construction and demolition activities.
(85) Yard waste.
“Yard waste” means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds.
NOTE

Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41000, 41300 and 41823, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history, see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY No. 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsections (a)(2), (9), (12), (13), (15), (19), (20), (22), (30), (33), (35), (36), (39), (40), (41), (44), (47), (48), (50), (51), (53), (54), (56), (64), (70), (74), and (80), transmitted to OAL on 4-29-91 and filed 5-29-91 (Register 91, No. 37).
Article 6.1. Solid Waste Generation Studies
§18722. Solid Waste Generation Studies--General Requirements.
Note     •     History

(a) Relation to Waste Characterization Component. For the purposes of this Chapter, a solid waste generation study constitutes the waste characterization component of the SRR Element required by sections 41003, 41030, 41303 and 41330 of the Public Resources Code.  
Each jurisdiction shall prepare an initial solid waste generation study and all subsequent solid waste generation studies in accordance with the requirements of this Article. Additional specific requirements and guidelines for the initial solid waste generation study are defined in Section 18724 of this Article. 
(b) Regional and Joint Solid Waste Generation Studies. 
Solid waste generation studies may be conducted by an individual jurisdiction for solid waste generated within that jurisdiction, or jointly by two or more jurisdictions for the solid waste generated within the participating jurisdictions.
(c) Solid Waste Generation Data Projections. All solid waste generation studies shall include a 15-year projection of the solid waste to be generated within the jurisdiction, and diverted and disposed by the jurisdiction. The projected time period shall commence from the date of the local adoption of a SRR Element. The projection is to include the amounts, waste categories and waste types generated, diverted from disposal, and disposed, for each year of the 15-year period, under (1) the solid waste management system conditions and diversion activities existing at the time that the Solid Waste Generation study is prepared, and under (2) the solid waste management system conditions expected to be realized after a jurisdiction's implementation of its SRR Element and its attainment of the statutory diversion mandates.
(1) Acceptable information sources which may be used by the jurisdiction to determine and project changes in population, or in governmental, residential, industrial, and commercial operations, shall be the following:
(A) documented population data available from the California Department of Finance;
(B) documented employment data available from the California State Employment Development Department;
(C) documented industrial and commercial operations data available from the California Department of Commerce or from the California State Employment Development Department;
(D) documented data available in a local jurisdiction's adopted current General Plan;
(E) documented data available from published reports of local associations of governments and chambers of commerce;
(F) documented data available from the U.S. Census Bureau;
(G) documented jurisdiction-specific demographic, economic, and solid waste data developed and published by a jurisdiction in the course of the preparation of its solid waste generation study.
(d) Annual Report on Solid Waste Generation. 
The annual report on the implementation of the SRR Element, required pursuant to Section 41821 of the Public Resources Code, shall contain the jurisdiction's analysis of the need to revise its solid waste generation study, including the need to revise its data on the sources of generation, diversion and disposal, and its data on categories and types of solid waste generated, diverted and disposed.
(e) Uses of Solid Waste Generation Data. 
Data obtained from a solid waste generation study shall be used to determine the total quantity of solid waste generated within the jurisdiction, and diverted and disposed, for purposes of identifying the quantities and types of materials to be diverted from disposal pursuant to Sections 41780 and 41781 of the Public Resources Code.
(f) Measuring Solid Waste Quantity. In determining the aggregate quantity of solid waste generated, each jurisdiction shall use the following types of measurements: volume or weight. The conversion factors used to convert volume to weight, or weight to volume, shall be provided in the solid waste generation study and submitted to the Board in the SRR Element. 
(1) Conversion Factors. The conversion factors used for measurement of the quantity of solid waste may be those from published sources and/or those derived from test measurements developed by a jurisdiction. A solid waste generation study shall cite all published sources of conversion factors used by a jurisdiction. For conversion factors derived from test measurements developed by a jurisdiction, a jurisdiction shall include in the solid waste generation study, a summary of the test measurement methods used. Conversion factors submitted by a jurisdiction are subject to approval by the Board at the time of the Board's consideration of approval of a jurisdiction's submitted SRR Element.
(A) By January 1, 1992, the Board shall complete a study and compile a list of acceptable conversion factors for each specific waste type listed in (j) of this section.
(2) Generation. For solid wastes sampled or estimated to be produced at the sources of generation, e.g., residential units and commercial units, or at solid waste transfer stations, the quantity of solid wastes generated shall be reported in weight. Data collected in terms of volume shall be converted to weight.
(3) Diversion. For solid wastes which are diverted from transformation and disposal facilities, and which are sampled by means of a quantitative field analysis at recycling, composting and solid waste reduction facilities, the quantities of solid wastes which are diverted by means of recycling, composting or source reduction shall be reported in weight. Data collected in terms of volume shall be converted to weight.
For solid wastes which are diverted from transformation and disposal facilities, and which are not sampled by means of a quantitative field analysis but which are estimated from existing records to be diverted from transformation or disposal facilities, the quantities of solid waste which are diverted by means of recycling, composting or source reduction shall be reported in weight. Data collected in terms of volume shall be converted to weight.
(4) Transformation and Disposal. For solid wastes sampled or estimated to be received at solid waste transformation facilities and solid waste disposal sites, the quantity of solid wastes disposed shall be reported in both volume and weight. For solid wastes disposed in permitted solid waste landfills the volume measurement shall be expressed in terms of in-place volume in the landfill, after compaction, as measured in a waste cell in the upper lift of a waste management unit excluding the volume of cover material in the cell. For the purposes of this section, cell is defined in Section 17225.9, of title 14 of the California Code of Regulations. For the purposes of this section, waste management unit is defined in Public Resources Code section 43000(a).
(A) When solid waste volumes are recorded as uncompacted solid wastes or solid wastes compacted in refuse vehicles or solid waste transfer trailers, a jurisdiction shall state the conversion factors used to convert these volumes to in-place volumes in the landfill. A solid waste generation study shall cite all published sources of conversion factors for solid waste volumes used by a jurisdiction.
(5) Mixed Loads. If a refuse collection vehicle chosen for sampling has a mixed load of solid waste that is collected from more than one source of generation, or from more than one jurisdiction, a weight or volume fraction (i.e., the quantity) arising from each source of generation or jurisdiction along the collection route shall be estimated. This estimation shall be proportionally based on the number of residential, commercial and industrial units from the solid waste collection route sampled, and/or on the weight or volume of the contents of each refuse container which is sampled at the source(s) of generation. Where the number of units, or weight or volume of each refuse container, are determined by a jurisdiction to be unavailable, a jurisdiction may use population estimates to proportionally allocate the origins of solid wastes.
(6) Weight to be Used for Compliance with Diversion Standards. The total weight of solid waste generated by a jurisdiction and diverted from disposal shall be the standard by which the Board shall measure a jurisdiction's compliance with the statutory diversion requirements of section 41780 of the Public Resources Code.
(g) Determination of Solid Waste Generation. The total solid waste generated by a jurisdiction shall be the sum of the total solid waste disposed, as quantified in the solid waste disposal characterization, plus the total solid waste diverted from permitted solid waste landfills and transformation facilities through any combination of existing source reduction, recycling, and composting programs, as quantified in the solid waste diversion characterization.
(1) The total quantity of solid waste disposed shall include only solid waste transformed or disposed in permitted solid waste transformation or disposal facilities. Solid wastes placed in illegal dumps or unpermitted landfills cannot be counted as a part of the total solid waste generated, for the purposes of the solid waste generation study.
(2) Expressed as an equation, the total solid waste generated by the jurisdiction shall be computed as follows:

GEN = DISP + DIVERT 

where:
GEN = the total quantity of solid waste generated within the jurisdiction.
DISP = the total quantity of solid waste, generated within the jurisdiction, which is transformed or disposed in permitted solid waste facilities.
DIVERT = the total quantity of solid waste, generated within the jurisdiction, which is diverted from permitted solid waste transformation and disposal facilities, through existing source reduction, recycling, and composting programs.
(h) Representative Sampling of Solid Waste. The solid waste generation study shall be performed in two (2) parts, consisting of:
(1) a representative determination of the composition and quantity of solid waste disposed within and by the jurisdiction, i.e., a waste disposal characterization, and,
(2) a representative determination of the composition and quantity of solid waste generated within the jurisdiction which is diverted from solid waste landfills and solid waste transformation facilities, i.e., a waste diversion characterization.
(A) A solid waste generation study shall be representative of all residential, commercial, industrial and other sources of waste generation in the jurisdiction. It shall also be representative of all solid waste source reduction, recycling, composting, transformation and disposal activities and facilities in the jurisdiction or used by the jurisdiction and its residents and businesses.
(i) Identification of Solid Waste Sources, Categories and Types. The solid waste generation study shall identify all significant sources of solid waste generated by a jurisdiction, identify all solid waste diversion programs and activities in a jurisdiction, all solid waste diversion facilities used by a jurisdiction which are either located in that jurisdiction or used by that jurisdiction, and identify all permitted solid waste transformation and disposal facilities used by a jurisdiction. The solid waste generation study shall identify solid wastes generated, diverted and disposed by volume and/or weight, according to the requirements of section 18722(f) of this article, and by waste category and waste type from the following sources of generation within the jurisdiction:

(A) residential
(B) commercial
(C) industrial
(D) other sources
The source of waste generation listed in (D) above and titled “other sources,” may be used by a jurisdiction to identify sources of solid waste generation which it determines are not categorized as residential, commercial, or industrial sources of waste generation. Some examples of “other sources” of solid waste generators are: state and national parks and recreation areas, and self-haul vehicles.
(1) Sampling Period. Solid waste diversion and disposal characterizations shall demonstrate the composition and quantity of solid wastes diverted and disposed by the jurisdiction during a continuous twelve month period subsequent to 1984, pursuant to the requirements set forth in sections 18722(a) and (b) of this article. Data collection is not required for each day of the sampling period.
(2) Seasonal Variations. A solid waste generation study shall quantify seasonal variations in solid waste generation.
A. For a jurisdiction which uses a quantitative field analysis for the initial solid waste generation study prepared for the SRR Element, only one sampling period (e.g., one week) is required for each of the seasons identified by a jurisdiction that occur within the 6-month sampling period chosen by a jurisdiction. Only that amount of waste which enables a jurisdiction to meet the requirements of Section 41780(a)(1) of the Public Resources Code needs to be sampled by a jurisdiction.
A jurisdiction may use existing data from its own jurisdiction or from a similar jurisdiction, as defined in Section 18724(c) of this article, to determine the seasonal variation in the quantities and composition of solid wastes, and to determine the seasonal ratios of solid wastes generated, diverted and disposed, if the jurisdiction cannot obtain such data during its 6-month sampling period.
B. In subsequent solid waste generation studies prepared for revisions of SRR Elements, the data for a quantitative field analysis shall be collected with a frequency sufficient to sample the solid waste generated during all seasons identified by the jurisdiction, and in the amount needed to satisfy the requirements of section 41780 of the Public Resources Code.
C. For all solid waste generation studies, data collection is not required for each day of the seasons identified. In each season identified by a jurisdiction, the frequency of sampling shall be sufficient to provide a representative characterization of solid wastes generated, diverted, and disposed in the amounts needed to satisfy the requirements of section 41780 of the Public Resources Code. In subsequent solid waste generation studies, the frequency of sampling shall be statistically representative of the seasons sampled.
(3) Marine Wastes. A jurisdiction shall, in its solid waste generation study, identify all marine wastes generated in the jurisdiction and assign them to the waste categories and waste types listed in (j) of this section, or shall demonstrate that marine wastes generated within the jurisdiction have been accounted for within the commercial sources of solid waste generation.
(j) Solid Waste Categories and Types. A solid waste generation study shall identify solid waste generation, within a jurisdiction, by volume and weight, in accordance with the requirements of (f) of this section. A solid waste generation study shall identify solid waste generation within a jurisdiction by the following waste categories denoted by numerals 1 through 8, and the waste types which are identified by letter within each waste category:
(1) Paper:
(A) corrugated containers and brown paper bags
(B) mixed paper
(C) newspaper
(D) high grade ledger paper
(E) other paper
(2) Plastics:
(A) high-density polyethylene (HDPE) containers
(B) polyethylene terephthalate (PET) containers
(C) film plastics
(D) other plastics
(3) Glass:
(A) refillable glass beverage containers
(B) California Redemption Value glass
(C) other recyclable glass
(D) other non-recyclable glass
(4) Metals:
(A) aluminum cans
(B) bi-metal containers
(C) ferrous metals and tin cans
(D) non-ferrous metals including aluminum scrap
(E) white goods
(F) other metals
(5) Yard Waste, including leaves, grass, and prunings
(6) Other Organics:
(A) food waste
(B) tires and rubber products
(C) wood wastes
(D) agricultural crop residues
(E) manure
(F) textiles and leather
(G) other miscellaneous organics
(7) Other Wastes:
(A) inert solids, including rock, concrete, brick, sand, soil, fines, asphalt, sheetrock
(B) household hazardous waste materials and discarded household hazardous waste materials containers
(8) Special Wastes:
(A) ash
(B) sewage sludge
(C) industrial sludge
(D) asbestos
(E) auto shredder waste
(F) auto bodies
(G) other special wastes
A jurisdiction may add additional waste types to this list, but only if the quantities of these additional waste types are not duplicates of the reported quantities of the waste types given in the list above.
(k) Composite Solid Wastes. A jurisdiction shall, in the case of a composite solid waste material which is readily separable into individual components, estimate in a solid waste generation study the separate percent contribution, by volume or weight, of each identifiable and separable waste category and waste type in the composite solid waste material.
(l) Sampling Methodologies. Each jurisdiction shall use one or more of the methodologies listed in (1) through (4) of this subsection, to characterize the waste categories, waste types and quantities of the solid wastes generated within the jurisdiction and diverted or disposed in solid waste landfills or transformation facilities, using the waste categories and types given in Sections 18722(i) and (j) of this article.
(1) Quantitative Field Analysis. The quantitative field analysis methodology shall be conducted using data which is collected in the field either from the sources of generation, from refuse collection vehicles or solid waste transfer vehicles; solid waste source reduction, recycling, and composting programs and facilities; and/or permitted solid waste transformation and disposal facilities.
For the purposes of this section, quantitative field analysis consists of two steps: (1) the physical separation and sorting of residential, commercial, industrial or other solid wastes, and/or the visual survey of the composition of the solid wastes contained in self-haul vehicles, industrial solid wastes contained in debris boxes or other industrial solid waste containers, and (2) the physical measurement or accurate estimation and recording of the weight and/or volume of the solid wastes observed when performing step (1).
(2) Materials Flow Methodology. A materials flow methodology is one in which a jurisdiction estimates, using data on the quantities of specific commodities sold in the jurisdiction's marketplace, the quantity of solid wastes generated as a result of sales of those commodities. With this methodology, adjustments are to be made for (a) import and export of commodities to and from a jurisdiction, (b) commodity lifetime, and (c) other variables identified by a jurisdiction.
(3) Jurisdiction-Specific Data. This methodology is one in which a jurisdiction uses existing published data to estimate the amounts of solid wastes specific to its jurisdiction, e.g., data on demolition and construction wastes, sludges, automobile bodies, nonhazardous industrial wastes, incinerator residues, and other solid wastes which cannot be easily sampled or estimated by another methodology allowed by this section.
(4) Existing Data from Comparable Jurisdictions. The comparable jurisdiction methodology is one by which the jurisdiction analyzes solid waste generated in the jurisdiction by using existing solid waste composition data from another jurisdiction or jurisdictions in California, except as allowed in the following paragraphs of this subsection.
The use of out-of-state waste composition data is acceptable, provided that the jurisdiction submits with its solid waste generation study a statement of justification which satisfies its burden of proof of demonstrating the following:
1. The out-of-state data must be comparable to data available within California, and satisfy the requirements of subparagraphs (A), (B), and (C) of this section;
2. The statutory and regulatory framework of the state from which the data is derived must be consistent with the California Integrated Waste Management Act of 1989, as amended, and its attendant regulations, such that it is evident that the framework has not significantly impacted the relative composition of the solid wastes disposed and diverted in that state.
As a part of demonstrating the data's comparability and legal consistency, a jurisdiction shall submit a complete copy of the following, at the time the jurisdiction submits its SRR Element for the Board's consideration:
i). the waste characterization study and composition data it is using, and
ii). the solid waste statutory and regulatory framework of the state from which the study and data originated.
For the purposes of this section, out-of-state data refers only to data obtained from other states of the United States.
Except for the initial solid waste generation study, and as allowed by section 18724(c) of this article, data from another jurisdiction may be used to characterize the composition of solid waste generated only if all of the following criteria are met:
(A) the jurisdiction's population is within plus or minus 10% of that of the jurisdiction conducting the solid waste generation study; and
(B) the jurisdiction's total residential solid waste tonnage disposed is within plus or minus 10% of the total residential tonnage disposed by the jurisdiction conducting the solid waste generation study, or the jurisdiction's number of residential dwelling units is within plus or minus 10% of the number of residential units of the jurisdiction conducting the solid waste generation study; and
(C) the jurisdiction's total commercial solid waste tonnage disposed is within plus or minus 10% of the total commercial tonnage disposed by the jurisdiction conducting the solid waste generation study, or the jurisdiction's number of commercial units is within plus or minus 10% of the number of commercial units of the jurisdiction conducting the solid waste generation study.
(m) Solid Wastes Countable Towards Diversion. 
For purposes of determining the quantity and types of solid wastes diverted, only those solid wastes which are normally disposed of at permitted solid waste landfills or permitted solid waste transformation facilities, and which are allowed to be counted toward the statutory diversion mandates pursuant to Sections 41781(a) and (b) of the Public Resources Code, as amended shall be included.
(n) Unacceptability of Double and Multiple Counting. A jurisdiction shall not double count or multiple count solid wastes that are diverted from disposal by recycling, composting and source reduction programs and facilities.
(o) Accuracy of Data. A jurisdiction shall, in compiling necessary data on the quantities and composition of solid wastes generated, diverted and disposed, develop a system of reporting procedures which will, as accurately as possible, quantify data reported from local governments, special districts, solid waste haulers, solid waste facility operators, scrap dealers, recycling facilities, recycling programs, and source reduction programs, for the purposes of the preparation of the SRRE, the Household Hazardous Waste Element, and the Countywide Siting Element. This system of reporting shall be separately outlined in the solid waste generation study when it is submitted to the Board.
NOTE

Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41003, 41030, 41031, 41033, 41300, 41303, 41330, 41331, 41333, 41780, 41781 and 41821, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history, see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction of printing error in subsection (j)(7)(A) (Register 91, No. 31).
7. Certificate of Compliance as to 2-15-91 order including amendment and renumbering of prior section 18724 to subsection 18722(l), and amendment and renumbering of prior section 18726 to subsections 18722(m) and (n), transmitted to OAL on 4-29-91 and filed 5-29-91 (Register 91, No. 37).
8. Change without regulatory effect amending subsection (f)(3) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
9. Amendment of article heading, section heading, text and Note filed 3-31-94 as an emergency; operative 3-31-94 (Register 94, No. 13).  A Certificate of Compliance must be transmitted to OAL by 3-31-97 pursuant to Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of  subsections (a), (e)(1), (f)(3), (f)(5), (g), (i)(3), (i)(4), (l), (l)(4)(A) and (m)(1) (Register 94, No. 37).
11. Editorial correction restoring History 6 and renumbering remaining History Notes (Register 95, No. 19).
12. Reinstatement of article heading, section heading, section and Note as they existed prior to 3-31-94 emergency amendment filed 7-31-97 by operation of Government Code section 11346.1(g) (Register 97, No. 31).
13. Change without regulatory effect amending subsections (c)(1)(B)-(C) filed 7-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 29).
§18724. Additional Requirements and Guidelines for the Initial Solid Waste Generation Study.
Note     •     History

In addition to the general requirements in section 18722 of this article, the following requirements pertain to a jurisdiction's preparation of the initial solid waste generation study for the initial SRR Element.
(a) Initial Solid Waste Generation Study Submission Dates. Each city, which is not a city and county, shall submit the initial solid waste generation study, as a part of its SRR Element, to the county in which it is located by July 1, 1991, except as provided by section 41000(b) of the Public Resources Code. Each county, and city and county, shall complete the initial solid waste generation study, as a part of its SRR Element, by July 1, 1991, except as provided by section 41000(b) of the Public Resources Code.
(b) Regional and Joint Solid Waste Generation Studies. In addition to the methodologies given in section 18722(l) of this article, for the initial solid waste generation study,
a jurisdiction may use data collected on an aggregate basis for a joint or regional study of which a jurisdiction is a part. For the purposes of this section, data collected on an aggregate basis are data which are collected at solid waste facilities and recycling facilities which may not be readily disaggregated to a level in which an individual jurisdiction's solid waste generators, waste categories and/or waste types can be identified.
The aggregate data shall be disaggregated on a proportional basis, relative to the applicable demographic, economic, and residential, commercial and industrial characteristics of each jurisdiction participating in the regional or joint study. The initial solid waste generation study shall outline and describe how the proportional allocations of solid waste generated, diverted and disposed were determined and applied to the preparation of the solid waste generation study.
(c) Use of Pre-existing Solid Waste Generation Studies and Data. In addition to the methods given in section 18722(l) of this Article, for the initial solid waste generation study, a jurisdiction may use pre-existing solid waste generation studies or data on solid waste composition that have been prepared, subsequent to 1984, by the Board and/or by jurisdictions in California or out-of-state which have similar demographic (e.g., dwelling unit size, family size), and economic (e.g., income, employment), or solid waste (e.g., waste composition, relative proportions of solid waste generators) characteristics.
The use of out-of-state waste composition data is acceptable, provided that the jurisdiction submits with its solid waste generation study a statement of justification which satisfies its burden of proof by demonstrating the following:
1. the out-of-state data must be comparable to data available within California, and satisfy the requirements of subsection (c) of this section; and
2. the statutory and regulatory framework of the state from which the data is derived must be consistent with the California Integrated Waste Management Act of 1989, as amended, and its attendant regulations, such that it is evident that the framework has not significantly impacted the relative composition of the solid wastes disposed and diverted in that state.
As a part of demonstrating the data's comparability and legal consistency, a jurisdiction shall submit a complete copy of the following, at the time the jurisdiction submits its SRR Element for the Board's consideration:
i) the waste characterization study and composition data it is using, and
ii) the solid waste statutory and regulatory framework of the state from which the study and data originated.
For the purposes of this section, out-of-state data refers only to data obtained from other states of the United States.
A jurisdiction using solid waste generation studies or data from the Board and/or another jurisdiction with similar demographic, economic and solid waste characteristics shall list and describe in its solid waste generation study all the major characteristics which are similar between the two jurisdictions relative to the study.
(d) Measuring Solid Waste Quantity for Diversion Mandates. If a jurisdiction chooses to count specific waste types towards its statutory diversion mandates, a jurisdiction shall identify those waste types in the initial solid waste generation study.
(e) Sampling Period - Field Study and Data Projection. If a quantitative field analysis and/or materials flow methodology, as described in section 18722(l) of this Article, are used, data for the initial solid waste generation study shall be collected in the field during a continuous six month period subsequent to 1984 and prior to the adoption of the initial SRR Element by a jurisdiction. Based on the data collected during the 6-month field study, a jurisdiction shall project the types and quantities of solid waste generated, diverted and disposed for the following 6-month period. The field data and the projection, when combined, shall constitute the continuous 12-month study required by section 18722(i)(1) of this article.
(f) Sampling by Quantitative Field Analysis. If a quantitative field analysis for the initial solid waste generation study is selected for use by a jurisdiction, the quantitative field analysis may be conducted using the sampling procedures outlined in Appendix 1. “General Guidelines for Sampling When Performing a Quantitative Field Analysis for a Solid Waste Generation Study” (11/90).
(g) Aggregate Data. In the preparation of the initial solid waste generation study, jurisdictions jointly developing or collecting aggregate data on a county or regional basis shall use only that data related to the quantities of solid waste generated within that region, not data on quantities of solid waste generated within other regions.
NOTE

Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41000, 41030, 41031, 41033, 41300, 41330, 41332, 41333, 41781 and 41823, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history, see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment and renumbering of prior section 18724 to subsection 18722(l), and new section 18724 transmitted to OAL on 4-29-91 and filed 5-29-91; operative 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsections (c) and (c)(1) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading, text and Note filed 3-31-94 as an emergency; operative 3-31-94 (Register 94, No. 13).  A Certificate of Compliance must be transmitted to OAL by 3-31-97 pursuant to Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of subsection (g) (Register 94, No. 37).
10. Editorial correction restoring History Notes 1-5, correcting History 6, and renumbering remaining History Notes (Register 95, No. 19).
11. Reinstatement of section heading, section and Note as they existed prior to 3-31-94 emergency amendment filed 7-31-97 by operation of Government Code section 11346.1(g) (Register 97, No. 31).
§18726. Solid Waste Generation Studies for Revised SRR Elements.
Note     •     History

In addition to the general requirements in section 18722 of this article, the following requirements pertain to a jurisdiction's preparation of solid waste generation studies for Revised SRR Elements.
(a) Individual Jurisdiction Responsibility. 
For all revisions of an SRR Element in which solid waste generation studies are conducted jointly by two or more jurisdictions, each participating jurisdiction shall be responsible for specifically measuring and identifying, in its SRR Element, the estimated quantity of solid waste generated within its jurisdiction which is disposed or diverted from disposal by source reduction, recycling or composting activities.
(b) Identification of Solid Waste Sources, categories and types. Solid Waste generation studies prepared for revisions of the SRR Element shall identify the quantities of solid waste generated the jurisdiction, by source, by waste category and waste type as listed in sections 18722(i) and (j) of this Article. Data for each Solid Waste generation study submitted to the Board as a part of a revised SRR Element pursuant to revisions required by Article 7 of this Chapter shall have been collected during a continuous twelve month period.
(1) commencing no more than three years prior to the next Board submittal date for the SRR Element as required by Article 7 of this Chapter.
(c) Sampling by Quantitative Field Analysis. The quantitative field analysis for all Solid Waste generation studies for revised SRR Elements shall be conducted using the sampling procedures outlined in Appendix 1, “General Guidelines for Sampling When Performing a Quantitative Field Analysis for a Solid Waste Generation Study” (11/90), unless otherwise authorized by the Board.
(d) Requirement for Statistical Representation. Solid Waste generation studies for revised SRR Elements shall be statistically representative of the composition and quantity of solid waste generated, diverted and disposed by the jurisdiction. Statistical representation shall be established by use of the Guidelines given in Appendix 1 of this Article.
(e) Partial Solid Waste Generation Studies. If, upon review of the annual report submitted by a jurisdiction in compliance with section 41821 of the Public Resources Code, the Board finds that the lack of accurate and/or sufficient information on solid waste quantities and solid waste composition has contributed to the inability of a jurisdiction to meet the goals and objectives cited in its adopted SRR Element, and/or to meet the statutory diversion mandates given in section 41780 of the Public Resources Code, the Board may require a jurisdiction to prepare a partial solid waste generation study focused on particular sources of generation, and/or particular waste categories and waste types.
NOTE

Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41032, 41033, 41330, 41331, 41332, 41333, 41781, 41821, 41822 and 41823, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history, see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment and renumbering of prior section 18726 to subsections 18722(m) and (n), and new section 18726 transmitted to OAL on 4-29-91 and filed 5-29-91; operative 5-29-91 (Register 91, No. 37).
7. Amendment of section heading, text and Note filed 3-31-94 as an emergency; operative 3-31-94 (Register 94, No. 13).  A Certificate of Compliance must be transmitted to OAL by 3-31-97 pursuant to Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Editorial correction restoring History Notes 1-5 and renumbering remaining History Notes (Register 95, No. 19).
9. Reinstatement of section heading, section and Note as they existed prior to 3-31-94 emergency amendment filed 7-31-97 by operation of Government Code section 11346.1(g) (Register 97, No. 31).

Appendix 1

General Guidelines for Sampling When Performing a
Quantitative Field Analysis for a Solid Waste Generation Study
(CIWMB - November, 1990)
1. Sampling Solid Waste Generation, Diversion and Disposal - Perform these tasks in the following order:
a. Identify the Populations.
In each jurisdiction, identify: the populations of (1) residential units, commercial units, industrial sites, and other sites of solid waste generation; (2) facilities and programs which recycle, compost, or source reduce solid wastes; and (3) solid waste transfer stations, and permitted solid waste transformation facilities and solid waste disposal sites.
For the purposes of these guidelines, a population is the aggregate from which a sample is chosen, and refers to the aggregate number of solid waste generators, solid waste diversion facilities and programs, or solid waste transfer, transformation and disposal facilities identified by the jurisdiction.
b. Stratify the Populations (Optional Step).
Stratify each identified population into distinct subpopulations. The jurisdiction shall select the subpopulations. For example, to stratify the population for a solid waste diversion characterization, the jurisdiction could stratify the population of recycling facilities into the following subpopulations: drop-off centers, buy-back centers, and thrift shops. If the number of units in the subpopulation is small, the jurisdiction may choose not to stratify the population, and instead choose a sample from the population as a whole.
c. Random Sampling.
Assign a unique number to each identified unit of a population or subpopulation. Using a random numbers table or any other unbiased sampling method, choose the units to be sampled in the population or subpopulation, for each season identified by a jurisdiction. State the type(s) of unbiased sampling methods used in the solid waste generation study, when the study is submitted to the Board as a part of the SRR Element.
2. Sampling and Variability Determination: In order to determine the minimum number of samples to be taken from a population or subpopulation, a jurisdiction may use one of the following two methods:
(a) Klee and Carruth Method.
Perform these tasks as follows:
(i) Sample, according to the requirements of sections 18722, 18724 and 18726 of this article, all of the solid waste generated, all of the solid waste diverted from disposal by recycling, composting or source reduction activities, and all of the solid waste transformed and disposed, for each identified population or subpopulation.
(ii) To determine the number of samples required for a statistically representative sampling from each population or subpopulation, the jurisdiction shall use the formula for normal approximation which is found in: A.J. Klee and D. Carruth, “Sample Weights in Solid Waste Composition Studies,” American Society of Civil Engineers Journal of the Sanitary Engineering Division, volume 96(SA4), pages 945-954, August 1970, which is incorporated by reference. A 90% confidence interval shall be used in this formula.
This formula is:

View Graphic
A 90% confidence level shall be used in this formula. Thus at 90% confidence level, z = 1.645 and s = 0.1632, where z is the normal standard deviate (one-tailed) for the confidence level desired and s is the estimated standard deviation of the sample, transformed (arcsin) basis. A jurisdiction shall use these values for z and s in computing the minimum number of samples. 
A jurisdiction shall select the confidence interval and confidence width to be used in computing the minimum number of samples, i.e., the jurisdiction shall determine the d (small delta) value to use in the formula.
In order to determine d, a jurisdiction shall estimate its percent waste composition (X) by use of existing published data (waste category, and waste type if available) about the jurisdiction. and/or published data on percent waste composition from other jurisdictions. The source of the value of X used in the solid waste generation study shall be stated in the solid waste generation study.
Next, a jurisdiction shall select a level of precision or sensitivity (D) (large delta)  (e.g., 1%, 2%, 3%) concomitant with its need for a given level of precision. with its population, and with the funds it has available for the solid waste generation study, as determined by the jurisdiction.
The waste category occurring in the highest percent in the selected waste stream shall be selected as the waste category for determining X and computing d.
(iii) All solid waste generation studies prepared using the Klee and Carruth Method for the purposes of meeting the requirements of the Integrated Waste Management Act of 1989, as amended, and otherwise approved by the Board, shall be considered to meet the requirements of this article.
b. American Society of Testing Materials (ASTM) Method.
(i) Sample, according to the requirements of sections 18722, 18724 and 18726 of this article, all of the solid waste generated, all of the solid waste diverted from disposal by recycling, composting or source reduction activities, and all of the solid waste transformed and disposed, for each identified population or subpopulation in the jurisdiction.
(ii) A jurisdiction shall use section 9 and Table D of Draft No. 4 of the proposed ASTM “Method for Determination of the Composition of Unprocessed Municipal Solid Waste,” dated January 24, 1990, which is incorporated by reference. A jurisdiction may also use the values for s and x in Table C of this method, or may use values for s and x found in published solid waste characterization studies which were conducted in California subsequent to 1984. Other sections of this Method may be used with section 9 and Table D. Once a final version of this Method is adopted by ASTM, that Method shall become the approved method for compliance with this article.
All solid waste generation studies prepared using the Draft ASTM Method for the purposes of meeting the requirements of the Integrated Waste Management Act of 1989, as amended, and otherwise approved by the Board, shall be considered to meet the requirements of this article.
3. Sort and Identify.
Sort and identify the solid wastes from each population and/or subpopulation, using the sources of waste generation listed in section 18722(i) of this article, and the waste categories and waste types listed in section 18722(j) of this article.
4. Assignment of Waste Category and Waste Type.
Assign each identified solid waste material to one of the waste categories and waste types listed in sections 18722(j) of this article, or to any additional waste types which a jurisdiction chooses to add to the list of waste types in section (j) of this article.
5. Volume or Weight Measurement.
Measure the volume or weight of each solid waste material that has been identified.
6. Tabulate and Analyze Data - Perform these tasks in the following order.
Tabulate and analyze all data compiled about the waste categories and waste types. As a part of the analysis, a jurisdiction shall compute (a) and (b) as follows:
a. Determination of Mean and Variability.
Compute the sample mean (x-) for volume or weight for each waste category and waste type identified.
Note, x- =  Sxi /n, where xi  is a sample weight or volume and n is the total number of samples taken in the population or subpopulation sampled.
Next, compute the variance (s2; i.e., where s2 = S(xi - x- )2/n-1)

and the standard deviation of the mean(s), for volume or weight measurement for each population and subpopulation, using the following formula:

View Graphic
b. Set Confidence Levels for Sample Mean.
Set a 90% confidence level around the sample mean (x-), for each waste category and waste type identified.
Use the formula:

View Graphic
where tn-1 is the t value taken from the Student's t test values in Table 1, and where (n-1) is the degrees of freedom for the Student's t test for a 90% confidence level.
Note: This formula is used to establish a confidence interval for a population mean when the population variance is unknown. This formula is found in: M. Woodward and L.M.A. Francis, 1988, Statistics for Health Management and Research, section 7.4.3, pgs. 161-162, London: Edward Arnold Publishers, which is incorporated by reference.
7. Data Analysis Adjustment.
The data analysis conducted in steps 1 through 6 may be adjusted to include waste categories and waste types which:
(a) are known, by current written records held by the solid waste recycling, composting, source reduction, transformation or disposal facilities, to be disposed or diverted in a jurisdiction or in permitted solid waste facilities used by a jurisdiction, and
(b) may otherwise have been overlooked in the random sampling procedure.

TABLE 1
Student's t Values*

	Number of	Degrees of	90% Confidence

	Samples (n)	Freedom (n-1)	      Level

	2	1	6.314
	3	2	2.920
	4	3	2.353
	5	4	2.132
	6	5	2.015
	7	6	1.943
	8	7	1.895
	9	8	1.860
	10	9	1.833
	11	10	1.812
	12	11	1.796
	13	12	1.782
	14	13	1.771
	15	14	1.761
	16	15	1.753
	17	16	1.746
	18	17	1.740
	19	18	1.734
	20	19	1.729
	21	20	1.725
	22	21	1.721
	23	22	1.717
	24	23	1.714
	25	24	1.711
	26	25	1.708
	27	26	1.706

	Number of	Degrees of	90% Confidence

	Samples (n)	Freedom (n-1)	      Level

	28	27	1.703
	29	28	1.701
	30	29	1.699
	31	30	1.697
	36	35	1.690
	41	40	1.684
	46	45	1.679
	51	50	1.676
	61	60	1.671
	71	70	1.667
	81	80	1.664
	91	90	1.662
	101	100	1.660
	121	120	1.658
	141	140	1.656

	161	160	1.654
	189	188	1.653
	210	200	1.653
	oo	oo	1.645

*Source: George Savage, Draft ASTM Method, ASTM Designation DXXXX-XX, Table D, January, 1990, Philadelphia, PA: American Society of Testing Materials.
NOTE

Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41030, 41031, 41032, 41033, 41300, 41330, 41331, 41332, 41333, 41780 and 41781, Public Resources Code. 
HISTORY

1. New Appendix 1 filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendments and new TABLE 1 transmitted to OAL on 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Editorial correction of Note, History 6 and TABLE 1, including correct placement of Note and History (Register 94, No. 37).
§18726.1. Calculation of Maximum Disposal Tonnage.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code.  Reference: Sections 41780, 41780.1 and 41780.2, Public Resources Code.
HISTORY

1. New section filed 3-31-94 as an emergency; operative 3-31-94 (Register 94, No. 13).  A Certificate of Compliance must be transmitted to OAL by 3-31-97 pursuant to Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
2. Editorial correction clarifying tables (Register 94, No. 37).
3. Repealer filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§18726.2. Calculation of Minimum Diversion Tonnage.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41780.1 and 41780.2, Public Resources Code.
HISTORY

1. New section filed 3-31-94 as an emergency; operative 3-31-94 (Register 94, No. 13).  A Certificate of Compliance must be transmitted to OAL by 3-31-97 pursuant to Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
2. Editorial correction clarifying tables (Register 94, No. 37).
3. Repealed by operation of Government Code section 11346.1(g) (Register 97, No. 31).
Article 6.2. Source Reduction and Recycling Elements
§18730. Scope.
Note     •     History

(a) The Source Reduction and Recycling Element (SRRE) shall specify the means by which each jurisdiction required to prepare and implement a SRRE shall achieve the diversion mandates required by Public Resources Code section 41780 and 41780.1.
(b) The SRRE shall include items identified in chapter 9, Article 6.1, sections 18722 through 18726, and sections 18731 through 18748 of this Article, as applicable.
(c) Unless otherwise specified, this Article pertains to initial and subsequent SRREs.
(d) For the purpose of this Article, a jurisdiction is a city, county, city and county or a regional agency.
(e) For the purpose of this Article, programs which may be considered as funded or operated by a jurisdiction or local governing body are identified in Public Resources Code section 41781.2(b)(1).
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40052, 40057, 40970-40975, 41000, 41300, 41780, 41780.1 and 41781.2, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history, see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including additional amendment of subsections (a), (b) and (e) and amendment of Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18731. Goals and Objectives.
Note     •     History

The SRRE shall include statements which define the goals and objectives for the short-term and medium-term planning periods.
(a) SRRE goals shall be consistent with the mandates of section 40051 of the Public Resources Code.
(b) SRRE objectives shall identify the amount of solid waste which the jurisdiction plans to divert from disposal at facilities to comply with the diversion requirements of Public Resources Code Sections 41780 and 41780.1 through each of the component programs described in sections 18733 through 18748 of this Article.
(c) SRRE objectives shall specify the time frame for achievement of each objective.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40051, 40052, 40900(c), 41001, 41301, 41780, 41780.1 and 41781.2, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history, see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including additional amendment of subsection (b) and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18732. Solid Waste Generation Analysis.
Note     •     History

Each jurisdiction preparing a SRRE shall prepare a solid waste generation analysis based upon the information developed in Article 6.1 of this Chapter. The analysis shall include, but not be limited to, the following:
(a) For the initial SRRE, include a list, by specific waste categories, as denoted in section 18722, of Article 6.1 of this chapter, of the quantities of materials currently diverted from disposal, and the materials identified as being currently disposed according to the Waste Generation Study conducted by the jurisdiction.
(b) A list of the waste materials currently disposed in the jurisdiction which could potentially be diverted from disposal by use of the diversion programs described in sections 18733 through 18740, of this Article.
(c) A list of the waste materials currently disposed in the jurisdiction which cannot be diverted from disposal by diversion programs including, but not limited to, those described in sections 18733 through 18740 of this article and a discussion of why these waste materials cannot be diverted from disposal.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41030, 41051, 41071, 41201, 41330, 41351, 41371 and 41401, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history, see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of first paragraph, subsection (a) and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18733. Model Component Format.
Note     •     History

(a) The model component format, described in sections 18733.1 through 18733.6 of this Article, shall be used in the preparation of each of the following individual components of the SRRE:
(1) Source Reduction Component
(2) Recycling Component
(3) Composting Component
(4) Special Waste Component
(b) Additional requirements contained in sections 18734 through 18737.2 of this Article, shall be included in the preparation of the components, listed in section 18733(a) of this Article, in accordance with the model component format.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41003 and 41303, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history, see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37). 
7. Amendment of subsection (a) and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including additional amendment of subsection (b), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18733.1. Component Objectives.
Note     •     History

(a) Each component shall state the specific objectives to be accomplished during the short-term and medium-term planning periods. The initial SRRE component objectives shall be based upon the results of the Solid Waste Generation Analysis required by section 18732 of this Article and other local considerations which may be necessary to accomplish integrated waste management.
(b) For the initial SRRE, each jurisdiction shall identify specific waste categories or waste types, as found in the Solid Waste Generation Study conducted pursuant to section 18722, of Article 6.1 of this chapter, as priorities for waste diversion based on analysis of solid waste generation in terms of criteria which may include, but are not limited to, the following:
(1) volume of the solid waste;
(2) weight of the solid waste;
(3) hazard of the solid waste; and
(4) material, products or packages, contributing to the waste category or waste type, that are made of non-renewable resources.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41054, 41071, 41201, 41351, 41371 and 41401, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history, see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (b), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsections (a) and (b) and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18733.2. Existing Conditions Description.
Note     •     History

(a) As applicable, each component, listed in section 18733(a) of this Article, shall include a description of the existing diversion alternatives for each component program in the jurisdiction. The description shall include, but not be limited to, the following:
(1) a brief description of each existing diversion alternative implemented in the jurisdiction; and
(2) the quantity of waste diverted, listed by waste category and waste type where applicable as follows:
(A) for the initial SRRE identify the quantity of waste diverted for each existing diversion alternative.  Waste quantities shall be specified by volume, expressed in cubic yards, or by weight, expressed in tons;
(B) for a subsequent SRRE, quantify each existing diversion alternative which involves recycling or composting programs that are operated or funded by a jurisdiction.  Waste quantities shall be specified by weight, expressed in tons or volume, expressed in cubic yards.
(3) an identification and description of the existing diversion alternatives within the jurisdiction that will be decreased in scope, phased out or closed during the short-term and medium-term planning periods. The description shall include a discussion of the effects of such closure on existing solid waste management activities within the jurisdiction and its impact on the attainment of the solid waste diversion mandates specified in sections 41780 and 41780.1, Public Resources Code.
(b) The information provided in this section shall be used to: 
(1) account for existing diversion amounts when calculating baseyear solid waste generation rates in the initial SRRE.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40901, 41031, 41333, 41780, 41780.1 and 41780.2, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day. 
8. Certificate of Compliance as to 1-3-94 order, including amendment of subsections (a)(2)(B), (a)(3) and (b)(1), repealer of subsection (b)(2), and amendment of Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18733.3. Evaluation of Alternatives.
Note     •     History

Each component shall include an evaluation of diversion alternatives which have been considered for local implementation for the purpose of achieving the objectives required in section 18733.1, of this Article.
(a) Each alternative considered shall be evaluated in terms of the following criteria and any other local considerations:
(1) effectiveness in reducing either solid waste volume, weight, percentage in weight or its volumetric equivalent;
(2) hazard created by the alternative considered;
(3) ability to accommodate changing economic, technological, and social conditions;
(4) consequences of the diversion alternative on the characterized waste, such as shifting solid waste generation from one type of solid waste to another;
(5) whether it can be implemented in the short-term and medium-term planning periods; and
(6) the need for expanding existing facilities or building new facilities to support implementation of the alternative.
(b) In addition, the evaluation shall include, but not be limited to, the following:
(1) a discussion of the consistency of each alternative with applicable local policies, plans, and ordinances based upon local conditions;
(2) a discussion of any institutional barriers to local implementation of each alternative;
(3) an estimate of the costs related to the implementation of each alternative being evaluated for the short-term and medium-term planning periods; and
(4) a discussion of the availability of local, regional, state, national, and international end-uses for the materials which would be diverted through implementation of each alternative being considered.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900(c), 41053, 41073, 41203, 41250, 41260, 41353, 41373, 41403, 41450, 41460, 41780 and 41780.1, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-14-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day. 
8. Certificate of Compliance as to 1-3-94 order, including additional amendment of Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18733.4. Selection of Programs.
Note     •     History

(a) Each component shall identify and describe the diversion alternatives selected, including existing diversion alternatives, expansions of existing diversion alternatives, and new diversion alternatives, which will be implemented to meet the objectives of the component and meet the solid waste diversion requirements specified in Public Resources Code, section 41780 and 41780.1. This selection shall be based upon the evaluations conducted pursuant to section 18733.3 of this Article. The program description shall include, but not be limited to, the following:
(1) a discussion of each diversion alternative selected for the program identifying why the alternative was selected for implementation. For the initial SRRE this discussion shall be based upon the data compiled in the solid waste generation study conducted pursuant to Article 6.1, of this chapter, information contained in the solid waste generation analysis required by section 18732 of this Article; and the evaluation conducted pursuant to section 18733.3 of this Article.
(2) an estimate of the anticipated quantities of solid wastes to be diverted from solid waste disposal, by diversion program and waste type, for the short-term and medium-term planning periods. Solid waste quantities shall be estimated either by volume, expressed in cubic yards, or by weight, expressed in tons. Each component shall state the anticipated percentage of contribution of the selected program towards the diversion mandates required by section 41780 and 41780.1 of the Public Resources Code;
(3) as applicable to the component, a listing of the anticipated local, regional, state, national, and/or international end-uses for diverted materials based upon the evaluation of the diversion alternative required by section 18733.3(b)(4) of this Article;
(4) as applicable to the component, a description of the proposed methods for handling and disposal which may be necessary to implement the selected program; and
(5) a description of any facilities to be utilized for the implementation of the program which section 18733.3 of this Article has shown must be expanded or built to support implementation of the selected program.
(b) Each diversion alternative which involves waste type “sludge” shall, in addition to the criteria set forth in subsections (a)(1) and (a)(2) of this section, be subject to a finding by the Board as described in Article 7.0 section 18775.2.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900(c), 41050-41053, 41070-41075, 41200-41204, 41250, 41260, 41350-41353, 41370-41375, 41400-41404, 41450, 41460, 41480, 41780 and 41780.1, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day. 
8. Certificate of Compliance as to 1-3-94 order, including amendment of section heading, section and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18733.5. Program Implementation.
Note     •     History

Each component shall contain a program implementation description which includes, but is not limited to, the following:
(a) identification of government agencies and divisions thereof, organizations, and/or persons responsible for implementation of the selected program;
(b) identification of the tasks necessary to implement the selected program;
(c) identification of a short-term and medium-term planning period implementation schedule addressing each task identified in (b) of this section.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900(c), 41050, 41070, 41200, 41250, 41260, 41350, 41370, 41400, 41450, 41460 and 41780, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of first paragraph, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsection (c) and Note and repealer of subsection (d) filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day. 
8. Certificate of Compliance as to 1-3-94 order, including additional amendment of Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18733.6. Monitoring and Evaluation.
Note     •     History

(a) Each jurisdiction shall use one or more of the following methods to monitor and evaluate diversion programs being implemented:
(1) for the initial SRRE, a Waste Generation Study consistent with the waste generation study prepared under section 18722, of Article 6.1 of this Chapter;
(2) targeted solid waste characterization studies involving recycling, composting, transformation, and solid waste landfill facilities to measure changes in the volume, or weight of specific materials;
(3) an assessment of any changes in the design, production, distribution, sale, or use of selected products and packages which affect solid waste generation; or
(4) another method for which prior written approval has been given by the Board.
(b) Each jurisdiction shall provide the following information based upon the specific monitoring and evaluation methods selected for each recycling and composting program that is operated or funded by a jurisdiction:
(1) written criteria for evaluating the program's effectiveness;
(2) identification of agencies or divisions thereof, organizations, or persons responsible for the program's monitoring, evaluation, and reporting;
(3) identification of measures to be implemented if monitoring shows a shortfall in the attainment of solid waste diversion objectives of the component or a shortfall in the attainment of the diversion mandates specified in Public Resources Code, sections 41780 and 41780.1. Such measures may include, but are not limited to, provisions for:
(A) increasing the frequency of program monitoring and review, or,
(B) modification of the objectives or diversion alternatives adopted in each component program.
(c) Each recycling or composting component program that is operated or funded by a jurisdiction shall contain an explanation of how the program is to be monitored and evaluated during its implementation. A jurisdiction shall identify the methods to quantify and monitor achievement of the objectives, including but not limited to, diversion from solid waste landfills and transformation facilities and reduction of waste hazards. Actual solid waste diversion shall be quantified in cubic yards, or in tons, and as a percentage of the total solid waste generation of the jurisdiction.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40901, 41052, 41072, 41202, 41250, 41260, 41352, 41372, 41402, 41450, 41460, 41780  and 41780.1, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of first paragraph and subsection (b), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day. 
8. Certificate of Compliance as to 1-3-94 order, including additional amendment of section and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18734. Source Reduction Component Specific Requirements.
Note     •     History

The Source Reduction Component shall include the requirements contained in sections 18733.1 through 18734.3 of this Article.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41050 and 41350, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day. 
8. Certificate of Compliance as to 1-3-94 order, including amendment of section, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18734.1. Source Reduction Component Objectives.
Note     •     History

(a) Each jurisdiction shall examine and select source reduction program objectives which meet the goal of minimizing the quantity of solid waste disposed including, but not limited to, the following:
(1) reducing the use of non-recyclable materials;
(2) replacing disposable materials and products with reusable materials and products;
(3) reducing packaging;
(4) reducing the amount of yard wastes generated;
(5) purchasing repairable products; and,
(6) increasing the efficiency of the use of paper, cardboard, glass, metal, and other materials by reducing wastes from non-residential generators' production operations, processes, and equipment and considering durability, reusability, and recyclability as product selection criteria.
(b) Each jurisdiction shall identify specific waste types (materials, products, and packaging) to be targeted for the source reduction objectives, based upon criteria, which include, but are not limited to, the following:
(1) the potential to extend the useful life of affected materials, products, or packaging; and
(2) whether the waste type has limited recyclability.
NOTE

Authority cited: Sections 40502, Public Resources Code. Reference: Sections 40900(c), 41050-41054 and 41350-41354, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsections (a) and (c), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsection (a) and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day. 
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18734.2. Source Reduction Component Existing Conditions Description.
Note     •     History

(a) The description of existing conditions shall identify the source reduction activities currently being performed by public and private entities including, but not limited to governmental, commercial, and industrial entities;
(b) For the initial SRRE, quantification of current source reductions achieved through existing programs within the jurisdiction shall meet the following criteria:
(1) the methodology, assumptions, and results shall be described, documented, and verified; and,
(2) the jurisdiction shall use the best readily available and applicable data, which may include direct observations and measurements of source reduction and the results of monitoring programs similar to those identified in section 18733.6 of this article.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41050, 41053, 41350 and 41353, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsection (b) and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day. 
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18734.3. Evaluation of Source Reduction Program Alternatives.
Note     •     History

Each jurisdiction shall consider source reduction program alternatives including, but not limited to, the following:
(a) Rate structure modifications, which may include, but are not limited to:
(1) local waste disposal fee modifications;
(2) quantity-based local user fees, which may include, but are not limited to, variable can rates for garbage collection services, such as fees based on the number of containers set out for collection;
(b) Creation of other economic incentives, which may include, but are not limited to:
(1) loans, grants, and loan guarantees;
(2) deposits, refunds, and rebates; and
(3) reduced business license fees;
(c) Technical assistance or instructional and promotional alternatives, which may include, but are not limited to:
(1) waste evaluations;
(2) the establishment of compost programs which assist generators to compost at the site of generation;
(3) technical assistance to industry and consumer organizations, and to source reduction businesses;
(4) educational efforts, such as consumer awareness programs, school curricula development, seminars, and public forums;
(5) awards and other types of public recognition for source reduction activities; and
(6) non-procurement source reduction programs, such as education of employees, office changes to increase the use of scrap paper, increased use of electronic mail, and increased double-sided copying.
(d) Regulatory programs, which may include, but are not limited to:
(1) local adoption of ordinances that specify that one or more of the following criteria be considered in the procurement selection of products and packaging by the jurisdiction:
(A) durability
(B) recyclability
(C) reusability
(D) recycled material content
(2) local establishment of incentives and disincentives to land-use development that promote source reduction;
(3) locally established requirements of waste reduction planning and reporting by waste generators or manufacturers;
(4) local adoption of bans on products and packaging to the extent the following can be demonstrated:
(A) the ban will result in reduction in waste at the source, rather than substitution by another product or package of equivalent or greater volume; and
(B) the ban will result in a net environmental benefit.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41050-41054 and 41350-41354, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (d)(4)(A), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsections (d)(1), (d)(2), (d)(3) and (d)(4) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of first paragraph, subsections (b) and (d)(4)(A) and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 1-3-94 order, including amendment of subsection (d)(3)(A), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18735. Recycling Component Specific Requirements.
Note     •     History

The Recycling Component shall include the requirements contained in sections 18733.1 through 18733.6 and 18735.1 through 18735.5 of this Article.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41070 and 41370, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18735.1. Recycling Component Objectives.
Note     •     History

A statement of market development objectives to be achieved in the short-term and medium-term planning periods shall be included in the goals and objectives section of the recycling component, as required by sections 41074 and 41374 of the Public Resources Code.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41070-41074 and 41370-41374, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18735.2. Recycling Component Program Existing Conditions Description.
Note     •     History

The description of the existing recycling program shall include, but not be limited to, a description of existing private and public recycling activities, local market development activities, including any government procurement programs, economic development activities, consumer incentives, and education programs conducted within the jurisdiction.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41070 and 41370, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of first paragraph, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18735.3. Evaluation of Recycling Program Alternatives.
Note     •     History

Each jurisdiction shall analyze the recycling diversion alternatives affecting residential, commercial, and industrial wastes. The analysis shall take into account existing recycling programs and their possible expansion in addition to the areas of concern specified in section 18733.3 of this Article.
(a) The alternatives shall include, but not be limited to, the following methods for accomplishing separation of the recyclable materials from the waste stream:
(1) separation of recyclable materials at the source of generation, including curbside and mobile collection systems;
(2) drop-off recycling centers;
(3) buy-back recycling centers;
(4) manual material recovery operations;
(5) mechanized material recovery operations that produce a product which has a market; and
(6) salvage at solid waste facilities.
(b) The jurisdiction shall consider changing zoning and building code practices to encourage recycling of solid wastes, such as, rezoning to allow siting of a drop-off recycling center in residential neighborhoods or revising building codes to require adequate space be allotted in new construction for interim storage of source-separated materials.
(c) The jurisdiction shall consider changing existing rate structures to encourage recycling of solid wastes.
(d) The jurisdiction shall consider the methods which it will use to increase the markets for recycled materials, including, but not limited to, changing governmental procurement programs to promote market development by giving purchase preferences to recycled products or otherwise specifying their use.
(e) The jurisdiction shall encourage handling methods which preserve the integrity of recovered materials so that they remain usable raw materials for manufacturers of recycled content products. For this purpose, the jurisdiction shall consider the extent to which separation of recyclable materials from waste can be performed as close to the point of generation as possible.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900(d), 41075 and 41375, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction of printing error in first paragraph (Register 91, No. 31).
7. Certificate of Compliance as to 2-15-91 order, including amendment of first paragraph and subsection (d), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
8. Amendment of first paragraph and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18735.4. Selection of Recycling Program.
Note     •     History

(a) The recycling component shall identify the end markets or end users which will be secured during the short-term period, for the materials collected. In the event that such markets cannot be identified, the component shall describe the methods by which the jurisdiction will secure the necessary markets.
(1) The identification of markets may be described in general terms.
(2) Planned development of markets at manufacturing facilities in the jurisdiction shall also be described.
(b) The Recycling Component shall describe the measures to be taken if uneconomical market conditions or other unfavorable conditions occur which are beyond the jurisdiction's control and which would prevent the jurisdiction from satisfying the requirements of sections 41780 and 41780.1 of the Public Resource Code.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41074, 41374, 41780 and 41780.1, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction of printing error in first paragraph (Register 91, No. 31).
7. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (b), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
8. Amendment of subsection (b) and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 1-3-94 order, including amendment of subsection (b) and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18735.5. Recycling Program Implementation.
Note     •     History

The recycling program shall denote actions planned to deter unauthorized removal of recyclable materials which would adversely affect the recycling program's effectiveness.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41070 and 41370, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18736. Composting Component Specific Requirements.
Note     •     History

The Composting Component shall include the requirements contained in sections 18733.1 through 18733.6 and 18736.1 through 18736.4 of this Article.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41200 and 41400, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18736.1. Composting Component Objectives.
Note     •     History

A statement of market development objectives to be achieved in the short-term and medium-term planning periods shall be provided in the Composting Component, as required by sections 41204 and 41404 of the Public Resources Code.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41200, 41204, 41400 and 41404, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including additional amendment of Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18736.2. Composting Component Program Existing Conditions Description.
Note     •     History

The description of the existing composting program shall include, but not be limited to, a description of existing local market development activities, including any government procurement programs, economic development activities, or consumer incentives conducted within the jurisdiction.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41200 and 41400, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18736.3. Evaluation of Composting Program Alternatives.
Note     •     History

(a) Composting program alternatives that qualify toward achievement of the diversion mandates specified in sections 41780 and 41780.1 of the Public Resources Code shall include only those alternatives whose products result from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream or separated at a centralized waste processing facility.
(b) Composting alternatives do not include composting of solid waste at the site of generation by the generator, since such an alternative constitutes a source reduction method.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41201, 41202, 41401, 41402, 41780 and 41780.1, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including amendment of subsection (a) and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18736.4. Selection of Composting Program.
Note     •     History

(a) The Composting Component shall identify the end markets or end use which will be secured during the short-term period for the materials composted, using the selected program. In the event that such markets cannot be firmly identified, the component shall describe the methods by which the jurisdiction will secure the necessary markets. The identification of markets may be described in general terms. Planned development of markets at manufacturing facilities in the jurisdiction shall also be described.
(b) The Composting Component shall describe the measures to be taken if uneconomical market conditions occur beyond the jurisdiction's control, which would prevent the jurisdiction from satisfying the requirements of sections 41780 and 41780.1 of the Public Resource Code.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41200, 41204, 41400, 41404, 41780 and 41780.1, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsection (b) and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including additional amendment of subsection (b) and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18737. Special Waste Component.
Note     •     History

The Special Waste Component shall include the requirements contained in sections 18733.1 through 18733.6 and 18737.1 and 18737.2 of this article.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900(c), 41250 and 41450, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18737.1. Special Waste Component Objectives.
Note     •     History

For the initial SRRE each jurisdiction shall examine and select Special Waste Component objectives based upon data generated in the Solid Waste Generation Study, conducted pursuant to section 18722, of Article 6.1 of this chapter. The objectives shall include a plan to reduce the hazard potential of special wastes by waste type.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900(c), 41250 and 41450, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18737.2. Special Waste Component Existing Conditions Description.
Note     •     History

(a) The description of the existing special waste program shall include, but not be limited to, a description of existing solid waste facilities which are permitted to handle or dispose of special wastes. Where applicable, the description shall include a discussion of other regulatory agency requirements, permits, or other documents associated with the operation of these facilities.
(1) regulatory agencies include, but are not limited to, regional water quality control boards, air quality management districts, and the Department of Toxics Substances Control.
(b) For the initial SRRE the jurisdiction shall provide a discussion on those special wastes identified in the Waste Generation Study conducted pursuant to section 18722, of Article 6.1 of this Chapter for which there is currently no permitted handling or disposal method within the jurisdiction.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41250 and 41450, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsections (a)(1)-(b) and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including additional amendment of subsection (b), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18738. Household Hazardous Waste Component Specific Requirements.
Note     •     History

NOTE

Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 40900(c), 41280 and 41480, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including repeal of section 18738, transmitted to OAL 4-2-91 and filed 5-29-91 (Register 91, No. 37).
§18738.1. Household Hazardous Waste Component Objectives.
Note     •     History

NOTE

Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 40900(c), 41280 and 41480, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including repeal of section 18738.1, transmitted to OAL 4-2-91 and filed 5-29-91 (Register 91, No. 37).
§18738.2. Household Hazardous Waste Existing Conditions Description.
Note     •     History

NOTE

Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41280 and 41480, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including repeal of section 18738.2, transmitted to OAL 4-2-91 and filed 5-29-91 (Register 91, No. 37).
§18738.3. Evaluation of Household Hazardous Waste Program Alternatives.
Note     •     History

NOTE

Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 40900(c), 41280 and 41480, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including repeal of section 18738.3, transmitted to OAL 4-2-91 and filed 5-29-91 (Register 91, No. 37).
§18738.4. Selection of Household Hazardous Waste Program.
Note     •     History

NOTE

Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 40900(c), 41280 and 41480, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including repeal of section 18738.4, transmitted to OAL 4-2-91 and filed 5-29-91 (Register 91, No. 37).
§18738.5. Implementation of Household Hazardous Waste Programs.
Note     •     History

NOTE

Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41280 and 41480, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including repeal of section 18738.5, transmitted to OAL 4-2-91 and filed 5-29-91 (Register 91, No. 37).
§18740. Education and Public Information Component.
Note     •     History

(a) Component objectives. The Education and Public Information Component shall include a statement of educational and informational objectives for the short-term and medium-term planning periods.
(b) Existing program description. The component shall include a description of all existing educational and public information programs and activities within the jurisdiction which promote source reduction, recycling, composting, and the safe handling and disposal of solid waste.
(c) Selection of program alternatives.  For the initial SRRE the component shall incorporate data compiled in the solid waste generation study conducted pursuant to Article 6.1 and the solid waste generation analysis of section 18732 of this Article to identify solid waste generators that will be targeted in educational and public information programs.
(d) Program implementation. The component shall include a program implementation discussion which:
(1) identifies those agencies or divisions thereof, organizations, and/or persons responsible for implementation;
(2) identifies required implementation tasks;
(3) establishes short-term and medium-term implementation schedules for tasks;
(e) Monitoring and evaluation. For each education and public information component program which involves recycling or composting programs that are operated or funded by a jurisdiction, the component shall:
(1) identify the methods to be used to measure achievement of the education and public information objectives identified pursuant to section (a), above;
(2) establish written criteria by which to evaluate program effectiveness;
(3) identify agencies or divisions thereof, organizations, and/or persons responsible for program monitoring, evaluation, and reporting;
(4) identify measures to be implemented if monitoring performed pursuant to section 18733.6(a) of this Article shows a shortfall in the attainment of the solid waste diversion objectives; and
(5) establish a program monitoring and reporting schedule.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40901, 41220 and 41420, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including amendment of subsection (e), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18744. Facility Capacity Component.
Note     •     History

(a) For the initial SRRE the Solid Waste Facility Capacity Component shall identify and describe all existing permitted solid waste landfills and transformation facilities within the jurisdiction. This description shall contain the following:
(1) identification of the owner and operator of each permitted solid waste disposal facility;
(2) quantity and waste types of solid waste disposed;
(3) permitted site acreage;
(4) permitted capacity;
(5) current disposal fees; and
(6) for solid waste landfills, remaining facility capacity in cubic yards and years.
(b) The Solid Waste Facility Capacity Component shall include a solid waste disposal facility needs projection which estimates the additional disposal capacity, in cubic yards per year, needed to accommodate anticipated solid waste generation within the jurisdiction for a 15-year period commencing in 1991.
(1) The solid waste disposal capacity needs projection for the initial SRRE shall be calculated based upon the solid waste generation projection conducted in accordance with section 18722, of Article 6.1 of this Chapter.
(2) The disposal capacity needs projection for the 15 year period shall be calculated using the following equation:
ADDITIONAL CAPACITY Year n = [ (G + I) - (D + TC + LF + E) ]  Year n
where:
G = The amount of solid waste projected to be generated in the jurisdiction;
I = The amount of solid waste which is expected to be imported to the jurisdiction for disposal in permitted solid waste disposal facilities through interjurisdictional agreement(s) with other cities or counties, or through agreements with solid waste enterprises, as defined in section 40193 of the Public Resources Code.
D = The amount diverted through successful implementation of proposed source reduction, recycling, and composting programs.
TC = The amount of volume reduction occurring through available, permitted transformation facilities.
LF = The amount of permitted solid waste disposal capacity which is available for disposal in the jurisdiction, of solid waste generated in the jurisdiction.
E = The amount of solid waste generated in the jurisdiction which is exported to solid waste disposal facilities through interjurisdictional agreement(s) with other cities, counties or states, or through agreements with solid waste enterprises, as defined in section 40193 of the Public Resources Code.
n = each year of a 15 year period commencing in 1991. [iterative in one year increments]
(c) The Solid Waste Facility Capacity Component shall include discussions of:
(1) The solid waste disposal facilities within the jurisdiction which will be phased out or closed during the short-term and medium-term planning periods and the anticipated effect from such phase-out or closure on disposal capacity needs of the jurisdiction.
(2) Plans to establish new or expanded facilities for the short-term and medium-term planning periods and the projected additional capacity of each new or expanded facility.
(3) Plans to export waste to another jurisdiction for the short-term and medium-term planning periods and the projected additional capacity of proposed export agreements.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41260, 41460 and 41821, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsections (b) and (c), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading, text and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including additional amendment of section heading and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18746. Funding Component.
Note     •     History

(a) The Funding Component shall demonstrate that there is sufficient funding and allocation of resources for:
(1) program planning and development;
(2) implementation of programs in order to comply with the requirements of sections 41780 and 41780.1 of the Public Resources Code.
(b) The Funding Component shall provide cost estimates for component programs scheduled for implementation in the short-term planning period.
(1) The Funding Component shall identify revenue sources sufficient to support the component programs.
(2) The Funding Component shall identify sources of contingency funding for component programs.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41230, 41430, 41780 and 41780.1, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsection (a)(2) and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including additional amendment of subsection (a)(2) and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18748. Integration Component.
Note     •     History

(a) The Integration Component shall explain how the Source Reduction, Recycling, Composting, and Special Waste components combine to achieve the 25 and 50 percent mandates specified in Public Resources Code sections 41780 and 41780.1. The Integration component shall include, but is not limited to, the following:
(1) a description of the solid waste management practices which fulfill the legislative goals of promoting integrated solid waste management in the following order of priority:
(A) source reduction;
(B) recycling and composting; and
(C) environmentally safe transformation and environmentally safe land disposal of solid wastes;
(2) an explanation of how the jurisdiction has integrated the components to maximize the use of all feasible source reduction, recycling and composting options;
(3) an explanation of how the components jointly achieve the diversion mandates in sections 41780 and 41780.1 of the Public Resources Code;
(4) an explanation of how priorities between components were determined, and
(5) an explanation of whether the jurisdiction has been designated, or plans to apply for designation, as a California Integrated Waste Management Board Recycling Market Development Zone.
(b) An integrated schedule shall be submitted in the Integration Component which shall include the following:
(1) a calendar scheduling all implementation tasks for new and expanded programs, commencing after the effective date of the Integrated Waste Management Act of 1989 through the short-term planning period, as identified in the components specified in sections 18733(a) and 18740 of this Article. The schedule shall include a short descriptive title for each task, the entity implementing the task, the task start date and milestone dates, and a schedule for funding source availability.
(A) implementation tasks are those tasks in each component which satisfy the requirements of sections 18733.5(b) and 18740(d) of this Article.
(2) the schedule shall also show the anticipated date of achievement of the solid waste diversion mandates specified in sections 41780 and 41780.1, Public Resources Code.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40051, 40052, 41001, 41002, 41301, 41302, 41780 and 41780.1, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsections (a), (a)(1), (a)(3) and Note and new subsection (a)(5) filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including amendment of subsections (a), (a)(3)-(5) and (b)(2), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
Article 6.3. Household Hazardous  Waste Elements
§18750. Scope.
Note     •     History

The Household Hazardous Waste (HHW) Element shall specify the means by which each jurisdiction required to prepare and implement a HHW Element shall safely collect, recycle, treat and dispose of household hazardous wastes generated by households within the jurisdiction.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41500 and 41510, Public Resources Code.
HISTORY

1. New section filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
§18751. Household Hazardous Waste Element Specific Requirements.
Note     •     History

The Household Hazardous Waste Element shall include the requirements contained in sections 18751.1 through 18751.6 of this Article.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41500 and 41510, Public Resources Code.
HISTORY

1. New section filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
§18751.1. Household Hazardous Waste Element Goals and Objectives.
Note     •     History

The HHW Element shall include statements which define the goals and objectives for the short-term and medium-term planning periods.
(a) HHW Element goals and objectives shall be consistent with the mandates of section 40051 of the Public Resources Code.
(b) Each jurisdiction shall examine and select household hazardous waste element goals and objectives based upon data generated in the Solid Waste Generation Study, conducted pursuant to section 18722, of Article 6.1 of this Chapter. The objectives shall include plans to source reduce and safely collect, recycle, treat and dispose of household hazardous waste generated within the jurisdiction.
(c) The HHW Element shall specify the time frame for achievement of each objective.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40051, 41500 and 41510, Public Resources Code.
HISTORY

1. New section filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
§18751.2. Household Hazardous Waste Existing Conditions Description.
Note     •     History

All public agencies responsible for household hazardous waste (HHW) management must complete and submit either the CIWMB (Board) Form CIWMB 303a (1/06) entitled “Lead Agency Form 303a Household Hazardous Waste Collection Information For Fiscal Year ___/______”, or Form CIWMB 303b (1/06) entitled “Non-Lead Agency Form CIWMB 303b Household Hazardous Waste Collection Information For Fiscal Year ___/____”, to the Board each year. Both forms are incorporated herein by reference and are located in Appendix A. Commencing with reports for Fiscal Year 2006/2007, Forms CIWMB 303a and CIWMB 303b shall be completed and submitted electronically to the Department of Toxic Substances Control each year, or, upon request to the CIWMB, the public agency may be exempted from filing electronically, and instead complete and submit a hard copy of either Form CIWMB 303a or CIWMB 303b. Form CIWMB 303a provides a description of the existing household hazardous waste program identifying the types and quantities of household hazardous wastes that are currently collected, reused, recycled, treated and/or otherwise managed and/or disposed through existing programs. Form CIWMB 303b provides only contact information for a non-lead agency, and provides, if applicable, for the types and quantities of universal waste collected and recycled by a non-lead agency.
The following are requirements for submitting Forms CIWMB 303a or CIWMB 303b:
(a) The reporting timeframe shall be July 1 of the previous fiscal year through June 30 of the current fiscal year, with the form required to be returned to the state by the first of October each year.
(b) The forms must be completed, to the extent applicable, whether or not waste was collected by a jurisdiction. If a public agency is not the lead agency collecting waste through a HHW program or a waste collection program was not conducted by their jurisdiction, only Form CIWMB 303b must be completed and submitted to the CIWMB.
(c) Each public agency acting as lead agency for Household Hazardous Waste collection must complete and submit one Form CIWMB 303a that includes all HHW program types including, but not limited to, permanent, temporary, recycle only, mobile, door-to-door, curbside (other than oil), and with a category designated as “Other” for additional program type identification.
NOTE

Authority cited: Section 40502, Public Resources Code; and Section 25218.10, Health and Safety Code. Reference: Sections 41500, 41510, 41750 and 47103, Public Resources Code.
HISTORY

1. New section filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
2. Amendment of subsection (a)(1) filed 6-14-93; operative 7-14-93 (Register 93, No. 25).
3. Amendment of subsection (a)(1) and Note filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
4. Change without regulatory effect  amending subsection (a)(1) filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
5. Amendment filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15).
§18751.2.1. 
Note     •     History

The following terms used in this Article are defined as follows:
(a) Program types listed in Section 18751.2(c) are defined in Health and Safety Code 25218.1;
(b) With the exception of electronic waste, waste types listed in Section F of Form CIWMB 303a are defined in 49 Code of Federal Regulations Section 172.101, and
(c) Management Methods listed in Section F of Form CIWMB 303a have the following definitions:
(1) Destructive Incineration -- treatment by thermal destruction at a high temperature hazardous waste incinerator where the physical destruction is the sole intent of the treatment process.
(2) Fuel Incineration -- treatment by thermal destruction where the waste, either by itself or blended with another material, is burned to recover its potential thermal energy.
(3) Landfill -- disposal of a waste in the ground (and in this case) at a hazardous waste landfill.
(4) Neutralization -- treatment by chemically adjusting the pH of the waste so that the waste can be discharged into a publicly owned treatment works (does not apply if after neutralization, the waste is still hazardous and is sent for disposal or treatment by one of the other methods).
(5) Recycled --waste is sent for resource recovery where the raw materials used for making the material before it became a waste are recoverd to make new materials of the same or different nature (does not include fuel incineration).
(6) Reused -- waste is used without further treatment or handling for the original intended purpose of the material before it became a waste.
(7) Stabilization -- treatment where waste is chemically stabilized into a solid or semi-solid state such that it no longer exhibits hazardous characteristics and can be managed as non-hazardous waste (does not apply if after stabilization, waste is still hazardous and is sent for disposal or treatment by one of the other methods described here).
NOTE

Authority cited: Section 40502, Public Resources Code; and Section 25218.10, Health and Safety Code. Reference: Sections 41500, 41510, 41750 and 47103, Public Resources Code.
HISTORY

1. New section filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15).
§18751.3. Evaluation of Household Hazardous Waste Program Alternatives.
Note     •     History

The HHW Element shall include an evaluation of the Program alternatives which have been considered for local implementation consistent with the objectives of section 18751.1 of this Article, including but not limited to the following:
(a) Program alternatives including, but not limited to:
(1) collection alternatives, as follows:
(A) periodic community-wide, or neighborhood household hazardous waste collection;
(B) permanent household hazardous waste drop-off sites;
(C) mobile household hazardous waste collection; and
(D) local activities, actions or efforts to encourage the formation of privately or publicly operated fee-for-service, door-to-door, or curbside household hazardous waste collection alternatives.
(2) load-checking programs for household hazardous waste at all solid waste management facilities; and
(3) waste exchange, reuse and/or recycling alternatives for household hazardous wastes including, but not limited to, alternatives for waste oils, paints, and batteries.
(b) Each alternative considered shall be evaluated in terms of the following criteria and any other local considerations:
(1) hazards, as defined by Section 18720(a)(26) of this Chapter, which are created by the alternative considered;
(2) ability to accommodate changing economic, technological, and social conditions;
(3) whether it can be implemented in the short-term and medium-term planning periods; and
(4) the need for expanding existing facilities or constructing new facilities to support implementation of the alternative.
(5) In addition, the evaluation shall include, but not be limited to, the following:
(A) a discussion of the consistency of each alternative with applicable local policies, plans, and ordinances based upon local conditions;
(B) a discussion of any institutional barriers to local implementation of each alternative;
(C) an estimate of the costs related to the implementation of each alternative being evaluated for the short-term and medium-term planning periods; and
(D) a discussion of the availability of local, regional, state, national, and international end-uses for the materials which would be diverted through implementation of each alternative being considered.
(6) effectiveness in reducing either the volume or weight of HHW generated.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41500 and 41510, Public Resources Code.
HISTORY

1. New section filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
§18751.4. Selection of Household Hazardous Waste Program.
Note     •     History

(a) The HHW element shall identify and describe the diversion alternatives which have been selected for the jurisdiction's HHW program, including existing diversion alternatives, expansion of existing diversion alternatives, and new diversion alternatives, which will be implemented to meet the goals and objectives of the element. This selection shall be based upon the evaluations conducted pursuant to section 18751.3 of this Article. The program description shall include, but not be limited to, the following:
(1) a discussion of each diversion alternative selected for the program identifying why the alternative was selected for implementation. This discussion shall be based upon the data compiled in the solid waste generation study conducted pursuant to Article 6.1, of this Chapter; information contained in the solid waste generation analysis required by section 18732 of Article 6.2; and the evaluation conducted pursuant to section 18751.3 of this Article.
(2) as applicable to the element, a listing of the anticipated local, regional, state, national, and/or international end-uses for diverted materials based upon the evaluation of the diversion alternatives required by section 18751.3(b)(5)(D) of this Article;
(3) as applicable to the element, a description of the proposed methods for handling and disposal which may be necessary to implement the selected program; and
(4) a description of any facilities to be utilized for the implementation of the program which section 18751.2 of this Article has shown must be expanded or built to support implementation of the selected program identified in Section 18751.3 of this Article.
(b) In addition to the above requirements, the program description shall include the following:
(1) an identification of the types and quantities of household hazardous wastes anticipated to be collected, recycled, and/or disposed through proposed programs using household hazardous waste categories contained in form CIWMB-303 “Household Hazardous Waste Collection Information for Fiscal Year __/__” (5/95), which is incorporated herein by reference (See Appendix A.):
(A) where applicable, specification of the targeted Public participation goals by Percent of the Population of the affected jurisdiction for each Preferred program alternative;
(2) a description of recycling and/or reuse efforts to be used in conjunction with a proposed household hazardous waste program;
(3) a description of all proposed cooperative and/or multi-jurisdictional household hazardous waste program implementation efforts/actions/activities in which the jurisdiction intends to participate.
NOTE

Authority cited: Section 40502, Public Resources Code and Section 25218.10, Health and Safety Code. Reference: Sections 41500, 41510, 41750 and 47103, Public Resources Code.
HISTORY

1. New section filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
2. Amendment of subsection (b)(1) filed 6-14-93; operative 7-14-93 (Register 93, No. 25).
3. Amendment of subsection (b)(1) and Note filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
4. Change without regulatory effect  amending subsection (b)(1) and moving form to section 18831, appendix A filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
§18751.5. Implementation of Household Hazardous Waste Program.
Note     •     History

(a) The element shall contain a program implementation schedule that includes, but is not limited to, the following:
(1) identification of government agencies and divisions thereof, organizations, and/or persons responsible for implementation of the selected program;
(2) identification of the tasks necessary to implement the selected program; and,
(3) identification of a short-term and medium-term planning period implementation schedule addressing each task identified in paragraph (a)(2) of this section which specifies the date each task will be completed.
(b) The jurisdiction may use technical assistance, program guidelines, and model operation plans, provided by the Board, for community household hazardous waste collection programs in the implementation of its household hazardous waste program.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41500, 41510, 47100 through 47106, and 41750, Public Resources Code.
HISTORY

1. New section filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
§18751.6. Monitoring and Evaluation.
Note     •     History

The element shall contain an explanation of how the program is to be monitored and evaluated as follows:
(a) identify the methods chosen from (b) of this section, which are being used to monitor achievement of the jurisdiction's objectives, as described in Section 18751.1, including but not limited to, the success in reducing or eliminating household hazardous waste.
(b) each jurisdiction shall use one or more of the following methods to monitor and evaluate the diversion objectives achieved within the jurisdiction:
(1) a Waste Generation Study consistent with the waste generation study prepared under section 18722, of Article 6.1 of this Chapter;
(2) targeted solid waste characterization studies involving all or a representative sample of solid waste landfill facilities, used by a jurisdiction, to measure changes in the volume, weight and hazard of specific materials, with adjustments or shifts in household hazardous waste generation resulting from source reduction;
(3) an assessment of any changes in the design, production, distribution, sale, and/or use of selected products and packages which affect household hazardous waste generation;
(4) monitoring of accurately maintained records of the volumes and types of HHW collected; or
(5) another method for which prior written approval has been given by the Board.
(c) Each jurisdiction shall provide the following information based upon the specific monitoring and evaluation methods selected for each program:
(1) written criteria for evaluating the program's effectiveness;
(2) identification of agencies or divisions thereof, organizations, and/or persons responsible for the program's monitoring, evaluation, and reporting;
(3) identification of known monitoring and evaluation funding requirements, revenues, and revenue sources; and
(4) identification of measures to be implemented if monitoring shows a shortfall in the attainment of the objectives of the element. Such measures may include, but are not limited to, provisions for:
(A) increasing the frequency of program monitoring and review,
(B) modification of the objectives, or,
(C) modification of the Program to increase its effectiveness.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41500 and 41510, Public Resources Code.
HISTORY

1. New section filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
§18751.7. Education and Public Information.
Note     •     History

(a) Objectives. The education and public information section of the element shall include a statement of educational and informational objectives for the short-term and medium-term planning periods.
(b) Existing program description. A description of all known existing educational and public information programs and activities within the jurisdiction which promote the source reduction, reuse, recycling and safe disposal of household hazardous waste shall be included.
(c) Identification of Preferred Alternatives. The public information and education section shall list the preferred alternatives both existing and proposed which will be maintained or implemented in the short and medium term Planning Periods to achieve the objectives of this section.
(d) Program implementation. A program implementation discussion which includes the following shall be submitted:
(1) identification of community audiences to be targeted in educational and public information programs;
(2) identification of those agencies or divisions thereof, organizations, and/or persons responsible for implementation;
(3) identification of the required implementation tasks;
(4) short-term and medium-term implementation schedules for tasks listed in (3) above;
(5) identification of all public and private program implementation costs, revenues, and revenue sources necessary for program implementation; and,
(6) public information and education alternatives to promote the use of safer substitute products or practices in households.
(e) Monitoring and evaluation. The section shall:
(1) identify the methods to be used to measure achievement of the education and public information objectives identified pursuant to section (a), above;
(2) establish written criteria by which to evaluate program effectiveness;
(3) identify agencies or divisions thereof, organizations, and/or persons responsible for program monitoring, evaluation, and reporting;
(4) identify monitoring and evaluation funding requirements, revenues, and revenue sources;
(5) identify measures to be implemented if monitoring performed pursuant to section 18751.6(a) of this Article shows a shortfall in the attainment of the household hazardous waste disposal objectives; and
(6) establish a program monitoring and reporting schedule.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41500 and 41510, Public Resources Code.
HISTORY

1. New section filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
§18751.8. Funding.
Note     •     History

(a) The jurisdiction shall demonstrate that there is sufficient funding and allocation of resources for:
(1) program planning and development;
(2) implementation of programs in order to comply with the requirements of sections 41500 and 41510 of the Public Resources Code.
(b) The funding section shall provide cost estimates for element programs scheduled for implementation in the short-term planning period, as follows:
(1) The funding section shall identify revenue sources sufficient to support the element programs.
(2) The funding section shall identify sources of contingency funding for element programs in the event that preferred revenue resources are insufficient.
(c) The funding section shall include a table which summarizes Program implementation costs, including public and private costs, revenues, and revenue sources necessary for implementation of the selected program.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41500 and 41510, Public Resources Code.
HISTORY

1. New section filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
Article 6.4. Nondisposal Facility Element
§18752. Scope.
Note     •     History

(a) The Nondisposal Facility Element (NDFE) shall identify the nondisposal facilities to be used by a jurisdiction to assist in reaching the diversion mandates of Public Resources Code Section 41780.
(b) The NDFE shall include the items identified in Sections 18752 through 18754.5 of this chapter.
(c) For the purpose of this Article, a nondisposal facility is any solid waste facility required to obtain a permit pursuant to Article 1 (commencing with Section 44001) Chapter 3, Part 4 of the Public Resources Code, except a disposal facility or a transformation facility.
(d) The NDFE shall reflect information available to a jurisdiction at the time of the development of the document.  The NDFE may also contain additional information as determined by a jurisdiction.
(e) A jurisdiction may include other facilities not defined as nondisposal facilities (i.e. recycling centers, drop-off centers, household hazardous waste facilities, etc.).
(f) For the purpose of this Article, a jurisdiction is a city, county, city and county, or regional agency.
NOTE

Authority cited: Section 40502, Public Resources Code.  Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code.
HISTORY

1. New article 6.4 and section filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-3-94 order, including amendment of section and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18753. Description of Nondisposal Facilities within a Jurisdiction.
Note     •     History

The NDFE shall identify all existing, expansion of existing, and proposed nondisposal facilities located within a jurisdiction which recover for reuse or recycling at least five percent of the total volume of material received by the facility.
(a) Each facility description shall include, but is not limited to:
(1) type of facility;
(2) facility capacity;
(3) anticipated diversion rate or expected diversion rate from the total amount of the waste that the facility receives; and,
(4) participating jurisdictions.
(b) Each facility location description may include, but is not limited to:
(1) address of the facility; or,
(2) description of the general area, (include a land use map, zoning map, or other type of planning map).
NOTE

Authority cited: Section 40502, Public Resources Code.  Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code.
HISTORY

1. New section filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-3-94 order, including amendment of section heading, section and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18753.5. Description of Nondisposal Facilities outside a Jurisdiction.
Note     •     History

The NDFE shall identify all existing, expansion of existing, and proposed nondisposal facilities which a jurisdiction, plans to utilize, but which are not located within the jurisdiction, and which recover for reuse or recycling at least five percent of the total volume of material received by the facility.
(a) Each facility description shall include, but is not limited to:
(1)  type of facility;
(2) estimated amount of the waste the jurisdiction will transport to the facility;
(3) anticipated diversion rate or expected diversion rate from the total amount of the waste that the facility receives; and,
(4) location of facility.
NOTE

Authority cited: Section 40502, Public Resources Code.  Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code.
HISTORY

1. New section filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-3-94 order, including amendment of section heading, section and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18754. Description of Transfer Stations within a Jurisdiction.
Note     •     History

The NDFE shall identify existing, expansion of existing, and proposed transfer stations located within a jurisdiction, which recover less than five percent of the volume of materials received for reuse or recycling.
(a) Each facility description shall include, but is not limited to:
(1) name of facility; and,
(2) participating jurisdictions.
(3) facility capacity.
(b) Each facility location description may include, but is not limited to:
(1) address of the facility; or,
(2) description of the general area, (include a land use map, zoning map, or other type of planning map).
NOTE

Authority cited: Section 40502, Public Resources Code.  Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code.
HISTORY

1. New section filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-3-94 order, including amendment of section heading, section and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18754.5. Description of Transfer Stations outside a Jurisdiction.
Note     •     History

The NDFE shall identify existing, expansion of existing, and proposed transfer stations to be used by a jurisdiction but not located within the jurisdiction, which recover less than five percent of the volume of materials received for reuse or recycling.
(a) Each facility description shall include, but is not limited to:
(1) name of facility; and,
(2) location of facility.
NOTE

Authority cited: Section 40502, Public Resources Code.  Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code.
HISTORY

1. New section filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 1).  A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-3-94 order, including amendment of section heading, section and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
Article 6.5. Siting Elements
§18755. General Requirements.
Note     •     History

(a) The Siting Element shall demonstrate that there is a countywide or regionwide minimum of 15 years of combined permitted disposal capacity through existing or planned solid waste disposal and transformation facilities or through additional strategies.
(b) The Siting Element shall describe and identify the areas, numbers and types of new solid waste disposal and transformation facilities, as well as the expansion of existing solid waste disposal and transformation facilities necessary to provide a minimum of 15 years of combined permitted disposal capacity.
(c) If the requirements of subdivision (b) of this section cannot be demonstrated, then strategies shall be discussed for the transformation, disposal, or diversion of excess waste.
(d) The Siting Element shall include the items identified in sections 18755.1 through 18756.7 of this article.
(e) A “Siting Element” may be prepared by a regional agency when the regional agency is composed of two or more counties and all incorporated cities of those counties.
(f) For the purposes of this article, “countywide” shall be defined as including the incorporated cities within the county and the unincorporated areas of the county. For purposes of this article, “county” shall include the Board of Supervisors as the legislative and executive body of county government, and any designated agency responsible for solid waste management.
(g) For the purposes of this article, “regionwide” shall be defined as including the member agencies of the regional agency. For the purposes of this article, a “regional agency” shall be the governing entity created by a voluntary agreement between cities and counties for the purpose of complying with Part 2 of Division 30 of the Public Resources Code. A city or county which is a party to such an agreement shall be considered a “member agency” of the regional agency. A regional agency may authorize one district, as defined in subdivision (a) of Section 41821.2 of the Public Resources Code, to be included as a member of the regional agency.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 40970-40972, 40977, 41700-41721.5, 41750.1 and 41821.2, Public Resources Code.
HISTORY

1. New article 6.5 and section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
2. Change without regulatory effect amending subsection (g) and amending Note filed 6-26-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
§18755.1. Goals and Policies.
Note     •     History

(a) The Local Task Force (LTF) shall develop goals, policies, and procedures to provide guidance to the county to prepare the Siting Element. Based upon this guidance, the Siting Element shall include a statement on the goals and policies established by the county.
(b) The LTFs of each county, which are member agencies of a regional agency formed pursuant to section 18776(b) of this chapter, shall develop goals, policies, and procedures to provide guidance to the regional agency to prepare the Siting Element. Based upon this guidance, the Siting Element shall include a statement on the goals and policies of the regional agency.
(c) The goals shall be consistent with the mandates of Public Resources Code section 40051. The goals shall describe the method for the environmentally safe disposal of solid waste generated within the boundaries of the county and regional agency.
(d) The policies shall specify any programs, regulatory ordinances, actions, or strategies that may be established to meet the goals described in subdivision (c) of this section and to assist in the siting of solid waste disposal facilities. An implementation schedule shall be included which identifies tasks necessary to achieve each selected goal.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40950(d), 41700 and 41701(a), Public Resources Code.
HISTORY

1. New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
§18755.3. Disposal Capacity Requirements.
Note     •     History

(a) Each county and regional agency, with assistance from the Local Task Force, shall include documentation in the Siting Element of the following information:
(1) the January 1, 1990 disposal capacity in cubic yards and in tons established pursuant to CCR 18777(b);
(2) the existing disposal capacity in cubic yards and in tons in the year the Siting Element is prepared; and
(3) the disposal capacity in cubic yards and in tons in any year the Siting Element is revised.
(b) The anticipated disposal capacity needs shall be described in cubic yards and tons, on an annual basis and aggregated for a minimum 15-year period, beginning with the year in which the Siting Element is prepared, and any year the Siting Element is revised.
(c) Area(s) shall be selected where solid waste disposal facilities are envisioned to be expanded or sited and constructed for the purpose of meeting a required minimum of 15 years of combined permitted disposal capacity. Each county and regional agency shall consider the following in determining the areas where solid waste disposal facilities are planned to be expanded or sited and constructed:
(1) the total amount of solid waste generated, expressed in cubic yards and in tons for volumetric capacity for the required 15-year period;
(2) the existing remainder of combined permitted disposal capacity in cubic yards and in tons for the required 15-year period; and
(3) an estimation of the total disposal capacity in cubic yards and in tons needed to meet a minimum of 15 years of combined permitted disposal capacity.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41701(b), (c) and (d), and 41791, Public Resources Code.
HISTORY

1. New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
§18755.5. Description of Existing Solid Waste Disposal Facilities.
Note     •     History

(a) The Siting Element shall include an identification of each permitted solid waste disposal facility located countywide and regionwide. The description shall include, but not be limited to, the following information for each facility:
(1) the name of the facility and the name of the facility owner and operator;
(2) the facility permit number, permit expiration date, date of last permit review, and an estimate of remaining site life, based on remaining disposal capacity;
(3) the maximum permitted daily and yearly rates of waste disposal, in tons and cubic yards;
(4) the average rate of daily waste receipt, in tons and cubic yards;
(5) the permitted types of wastes; and,
(6) the expected land use for any site being closed or phased out within the 15-year planning period.
(b) The Siting Element description shall include a map showing each existing permitted solid waste disposal facility countywide and regionwide. The map shall be drawn to scale and the scale legend included on the map sheet. The type of map may be a 7.5 or 15 minute USGS quadrangle.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 50001, Public Resources Code.
HISTORY

1. New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
§18756. Criteria for Establishing New or for Expanding Existing Solid Waste Disposal Facilities.
Note     •     History

(a) To establish a new solid waste disposal facility or to expand an existing solid waste disposal facility, the county and regional agency shall describe the criteria to be used in the siting process for each facility. The criteria shall include, but not be limited to, a description of the major categories of Environmental Considerations, Environmental Impacts, Socioeconomic Considerations, Legal Considerations, and additional criteria as developed by the county, cities, regional agency and member agencies. The following are examples of criteria that may be considered within those major categories:
(1) Environmental Considerations (for example: geology and solids including faulting and seismicity, ground settlement, surface hydrology and ground water, quantity and quality of ground water, surface water, surface water contamination, drainage patterns, etc.);
(2) Environmental Impacts (for example: air quality including climatic and meteorological conditions and emissions, visibility, cultural resources including regional setting, inventory and significance, paleontological resources including inventory and significance, vegetation, and wildlife, etc.);
(3) Socioeconomic considerations (for example: transportation including local and regional transportation systems, highways and major roadway corridors, rail transportation and corridors, land use including regional and local land uses such as military use, mineral extraction, agriculture, recreation/tourism, compatibility with existing and future land uses, consistency with county general plan(s) and future post-closure uses, economic factors including estimates of development costs and operational costs, etc.);
(4) Legal considerations (for example: federal, state, and local minimum standards and permits, liabilities, and monitoring, etc.);
(5) Additional criteria as may be included by the county, cities, regional agency and member agencies approving the Siting Element.
(b) The Siting Element shall describe the process instituted countywide or regionwide to confirm that the criteria set forth in (a)(1-5) of this section are included as part of the solid waste disposal facility siting process.
(c) The countywide Siting Element shall be approved by the county and the cities as described in Public Resources Code section 41721. The regionwide Siting Element shall be approved by the regional agency as described in section 18783(c) of this chapter. The Siting Element shall include: a resolution from each jurisdiction and member agency approving or disapproving of the Siting Element or any proposed amendment to the element; and a record of any jurisdiction or member agency failing to act upon the Siting Element.
(d) No solid waste disposal facility in the Siting Element shall be established that does not satisfy the minimum criteria that are adopted in the Siting Element pursuant to section 18756(a) of this article.
(e) A solid waste disposal facility not described within the Siting Element shall not be established unless an amendment to the Siting Element has been approved identifying and describing the facility, and the date of its inclusion in the element pursuant to PRC section 41721.5.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41700, 41701, 41702, 41704 and 50001, Public Resources Code.
HISTORY

1. New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
§18756.1. Proposed Facility Location and Description.
Note     •     History

(a) The Siting Element shall include a description of each proposed new solid waste disposal facility and a description of each proposed expansion of an existing solid waste disposal facility for each county and regional agency included in the Siting Element which complies with the criteria identified in Section 18756 of this article. The description shall include the type of facility, location, size, volumetric capacity of the facility expressed in cubic yards and in tons, life expectancy (years), expansion options of the existing or proposed facility, and post-closure uses.
(1) Each Siting Element shall include one or more maps indicating the location of each proposed solid waste disposal facility and adjacent and contiguous parcels. The map(s) shall be drawn to scale and include the scale on the map sheet. The type of map(s) may be a 7.5 or 15 minute USGS quadrangle.
(b) A description shall be provided in the Siting Element of how each proposed solid waste disposal facility contributes to and maintains for each county or regional agency included in the Siting Element the minimum of 15 years of combined permitted disposal capacity as described in CCR 18755(a) of this article and is consistent with the diversion goals of Public Resources Code section 41780.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41700, 41701, 41702, 41704 and 41780, Public Resources Code.
HISTORY

1. New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
§18756.3. Consistency with City and County General Plans for New or Expanded Solid Waste Disposal Facilities.
Note     •     History

(a) Reserved areas for proposed new or the expansion of existing solid waste disposal facilities shall be identified in the Siting Element. Verification shall be made that the expanded or proposed facilities are located in areas where the land use is designated or authorized for solid waste disposal facilities and that the areas are consistent with the applicable city and county general plans. Verification of general plan consistency shall include a resolution, notarized statement, or affidavit from each applicable city and the county. Proposed areas that are consistent with the current city and county general plans shall be reserved pursuant to the requirements of Public Resources Code sections 41702 and 41720.
(b) Proposed areas that are not situated in, coextensive with, or adjacent to an area authorized for land use as a solid waste disposal facility, within an applicable city and county general plan, may be “tentatively reserved” for future or expanded solid waste disposal facilities. Proposed areas that are inconsistent with applicable city and county general plans shall be tentatively reserved pursuant to the requirements of Public Resources Code sections 41710 through 41712.
(c) Proposed areas included in the Siting Element may be identified as “tentatively reserved” in the initial filing of a Countywide and Regionwide Integrated Waste Management Plan, as determined by Public Resources Code section 41791. However, by the first five-year revision of the Countywide and Regionwide Integrated Waste Management Plan all areas identified to assure the minimum of 15 years of combined permitted disposal capacity as described in CCR 18755(a) of this article must meet the requirements of Public Resources Code section 41702.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41702, 41704, 41710-41712 and 41720, Public Resources Code.
HISTORY

1. New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
§18756.5. Strategies for Disposing of Solid Waste in Excess of Capacity When New or Expanded Sites Are Not Available.
Note     •     History

(a) The Siting Element shall provide an analysis describing the reasons why there are not available locations for establishing new or expanding existing solid waste disposal facilities within each county or regional agency included in the Siting Element. This analysis shall include a determination of whether the inability to establish new or to expand existing solid waste disposal facilities is due to the lack of locations with the appropriate physical or environmental site characteristics or because of other considerations; and,
(b) If new or expandable solid waste disposal facilities are not available, or are not sufficient to meet countywide or regionwide needs, each county and regional agency shall include strategies for disposing of solid waste. The discussion of strategies shall include, but is not limited to, the following:
(1) A description of the types (residential, commercial, industrial, and special) and quantities in cubic yards and in tons of waste in excess of remaining volumetric capacity of existing solid waste disposal facilities;
(2) A description of the diversion or export programs which will be implemented to safely handle and divert or dispose of excess solid waste. The description shall identify the existing solid waste disposal facilities, including those outside of the county or regional agency, that will be used to implement these strategies. The description shall document how the proposed programs shall provide the county or regional agency with sufficient disposal capacity to meet the required minimum of 15 years of combined permitted disposal capacity as described in CCR 18755(a) of this article.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41703, Public Resources Code.
HISTORY

1. New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
§18756.7. Siting Element Implementation.
Note     •     History

(a) The Siting Element shall include, but not be limited to, the following:
(1) identification of local government agencies, Local Task Forces, regional agencies, organizations, and any others, responsible for implementing the countywide or regionwide solid waste disposal facility siting program;
(2) implementation schedules addressing each task identified in Section 18755.1(d) for a minimum of 15 years beginning with the year in which the element is prepared; and,
(3) identification of revenue sources sufficient to support the administration and maintenance of the countywide or regionwide solid waste disposal facility siting program.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900 and 41700, Public Resources Code.
HISTORY

1. New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
Article 6.6. Countywide and Regional Agency Integrated Waste Management Plans
§18757. General Requirements.
Note     •     History

(a) The Countywide Integrated Waste Management Plan (CIWMP) shall include the following:
(1) for a county with no regional agency within its boundaries, the Source Reduction and Recycling Elements (SRREs), Household Hazardous Waste Elements (HHWEs), and Nondisposal Facility Elements (NDFEs) for the county and each city within the county, and the Siting Element and Summary Plan;
(2) for a county composed of one or more regional agencies:
(A) a SRRE, HHWE, and NDFE for each city that is not a member agency of the regional agency and for the county if it is not a member agency of the regional agency;
(B) a SRRE, HHWE, and NDFE for each city that is a member agency of the regional agency and for the county if it is a member agency of the regional agency, or the SRRE, HHWE, and NDFE for the regional agency, if the regional agency has elected to prepare one or more of these as regional documents; and
(C) a countywide Siting Element and Summary Plan.
(b) The Regional Agency Integrated Waste Management Plan (RAIWMP) shall include the following:
(1) for a regional agency composed of two or more counties and all of the cities within those counties, either:
(A) a SRRE, HHWE, and NDFE for each city and county which are member agencies of the regional agency and the Siting Element and Summary Plan for each county; or
(B) a SRRE, HHWE, and NDFE, Siting Element, and Summary Plan for the regional agency.
(2) for a regional agency composed of more than one county, but which does not encompass all of the cities within those counties, a SRRE, HHWE, and NDFE for the regional agency;
(3) for a regional agency composed of more than one county, and which includes all of the cities and the unincorporated area within at least one of those counties, but not all of the cities within the other county(ies), a SRRE, HHWE, and NDFE for the regional agency, a Siting Element and Summary Plan for each county that is wholly encompassed by the regional agency.
(c) The Summary Plan shall include the items identified in sections 18757.1 through 18758 of this article.
(d) For the purposes of this article, “countywide” shall be defined as including the incorporated cities within the county and the unincorporated areas of the county. For purposes of this article, “county” shall include the Board of Supervisors as the legislative and executive body of county government, and any designated agency responsible for solid waste management.
(e) For the purposes of this article, “regionwide” shall be defined as including the member agencies of a regional agency. For the purposes of this article, “Regional Agency” shall be the governing entity created by a voluntary agreement between cities and counties to carry out the mandates of Public Resources Code section 41780. A city or county which is party to such an agreement shall be considered a “member agency” of the Regional Agency. A regional agency may authorize one district, as defined in subdivision (a) of Section 41821.2 of the Public Resources Code, to be included as a member of the regional agency.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40977, 41750-41760 and 41821.2, Public Resources Code.
HISTORY

1. New article 6.6 and section filed 7-12-94; operative 8-11-94 (Register 94, No. 28).
2. Change without regulatory effect amending subsection (e) and amending Note filed 6-26-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
§18757.1. Goals and Objectives.
Note     •     History

The Local Task Force (LTF) shall develop goals, policies, and objectives to provide guidance to the county or regional agency in coordinating countywide and regionwide diversion programs, marketing strategies, and disposal strategies for the medium-term planning (1996-2000) period. Based upon this guidance, the Summary Plan shall include a statement on the goals, policies, and objectives established by the county or regional agency.
(a) The goals shall be consistent with the mandates of Public Resources Code section 40051. The goals shall express plans for integrating strategies aimed towards reducing, diverting, marketing, and safely handling and disposing of all solid waste generated countywide or regionwide.
(b) The Summary Plan shall identify policies within the Source Reduction and Recycling Elements and Household Hazardous Waste Elements that facilitate the reduction of solid waste for incorporated cities and the unincorporated area of the county or the regional agency.
(c) The Summary Plan shall contain specific objectives for achievement of the goals stated in subdivision (a) of this section. These objectives shall allow for measurements of progress made toward achieving the goals by including an implementation schedule which identifies specific tasks and milestones necessary to achieve each objective.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41750 and 41751, Public Resources Code.
HISTORY

1. New section filed 7-12-94; operative 8-11-94 (Register 94, No. 28).
§18757.3. County and Regional Agency Profile and Plan Administration.
Note     •     History

The Summary Plan shall include:
(a) A general countywide or regionwide description including, but not limited to, topography, major roadways, city boundaries, and climate.
(b) A summary of important demographic data, including, but not limited to, population, ethnicity, average age and income of the citizens, housing, seasonal demographic fluctuations, and transportation patterns.
(c) A description of the governmental solid waste management infrastructure, including all local jurisdiction waste management entities, solid waste management authorities or districts, and any other regional agencies responsible for countywide or regionwide waste handling and/or disposal.
(d) An identification of the entity(ies) responsible for the following Plan-related functions: public information; budgeting; implementation of a solid waste management program; and, administration (such as maintenance, revision, and coordination of Plan-related documents).
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41751, Public Resources Code.
HISTORY

1. New section filed 7-12-94; operative 8-11-94 (Register 94, No. 28).
§18757.5. Description of Current Solid Waste Management Practices.
Note     •     History

The Summary Plan shall describe the current or most recent countywide or regionwide solid waste management practices.
(a) The Summary Plan shall contain a description of all factors affecting the current collection, removal, and disposal of solid wastes. This description shall include, but not be limited to:
(1) service areas;
(2) designation of territories served through franchises, permits, contracts, or governmental services;
(3) quantity of waste collected in each jurisdiction of the CIWMP or RAIWMP area (tons and cubic yards per day/year);
(4) a description of storage and transportation needs and existing and anticipated methods for handling the collected materials targeted for recycling.
(5) final destination of collected wastes (e.g., landfill, transformation, exportation), by quantity (tons and cubic yards).
(b) The Summary Plan shall identify all permitted solid waste facilities located countywide or regionwide. This description shall include, but not be limited to, the following information:
(1) Facility name and location; and
(2) A map showing existing permitted solid waste facilities countywide or regionwide. The map should be drawn to scale and the scale and legend included on the map sheet. The map may be a 7.5 or 15 minute USGS quadrangle.
(c) The Summary Plan may include a description of waste diversion facilities located countywide or regionwide that are exempt or have received an exclusion from a solid waste facilities permit, to the extent practicable. For each facility this description should include:
(1) the reason for exemption or exclusion;
(2) the estimated amount and type of material recovered/processed; and,
(3) the operator(s) and owner(s).
(d) The Summary Plan shall include, for countywide or regionwide programs, a description of Recycling Market Development Zones, and applicable strategies for processing and/or marketing secondary materials, including forming regional secondary materials marketing associations and joining associations outside the jurisdictional boundaries. The description shall discuss the county's or regional agency's role in developing markets.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41751, Public Resources Code.
HISTORY

1. New section filed 7-12-94; operative 8-11-94 (Register 94, No. 28).
§18757.7. Summary of Source Reduction and Recycling Elements, Household Hazardous Waste Elements and Nondisposal Facility Elements.
Note     •     History

The Summary Plan shall:
(a) Summarize the types of programs planned in the Source Reduction and Recycling Elements by component from all the jurisdictions. This summary shall include, but is not limited to, the following:
(1) a listing and description of the planned and current diversion programs;
(2) a listing and identification of all planned contingency programs and measures; and
(3) a listing of targeted materials and marketing strategies, by program.
(b) Summarize the types of programs planned in the Household Hazardous Waste Elements from all jurisdictions. This summary shall include, but is not limited to, the following:
(1) a listing and identification of all planned and contingency programs and measures; and
(2) a listing of targeted materials and marketing strategies, by program.
(c) List the types and numbers of facilities planned in the Nondisposal Facility Elements from all jurisdictions and identify which jurisdictions are served by or use the facility(ies).
(d) Describe the coordination or consolidation of programs identified in subdivisions (a) and (b) of this section to include the following:
(1) identification and description of programs that were coordinated or consolidated and those programs that may be coordinated or consolidated in the future into countrywide or regionwide programs; and
(A) implementation schedules for the coordination or consolidation of individual jurisdiction's programs into countywide or regionwide programs.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41751, Public Resources Code.
HISTORY

1. New section filed 7-12-94; operative 8-11-94 (Register 94, No. 28).
§18758. Countywide and Regional Agency Integrated Waste Management Plan Financing.
Note     •     History

The Summary Plan shall:
(a) Provide cost estimations for the countywide or regionwide programs and facilities scheduled for implementation and use.
(b) Summarize funding sources and allocation of revenues for all program and facility planning and implementation tasks identified in the Summary Plan.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41751, Public Resources Code.
HISTORY

1. New section filed 7-12-94; operative 8-11-94 (Register 94, No. 28).
Article 7. Procedures for Preparing and Revising City, Regional Agency and   County Source Reduction and Recycling Elements, and Household Hazardous   Waste Elements and City and County Nondisposal Facility Elements
§18760. Applicability.
Note     •     History

(a) The procedures for preparing Source Reduction and Recycling Elements (SRREs), Household Hazardous Waste Elements (HHWEs) and Nondisposal Facility Elements (NDFEs) apply to the counties, cities, joint power authorities, regional agencies, special districts, or other agencies which are designated by the cities or counties, and are responsible for preparing these Elements.
(1) Cities, counties and cities which are also counties may enter into agreements to prepare and implement the SRREs, HHWEs and NDFEs which are specific to each jurisdiction.
(2) A city, county or a city and county shall be held accountable for implementation of the specified goals and programs of its SRRE and HHWE.
(b) For the purposes of this article, a jurisdiction is a city, county, city and county, or regional agency.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 40950, 40971 through 40975, 41000, 41300, 41500, 41510, 41730, 41731, 41813, 41850 and 41823, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (a)(1), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of article heading filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
8. Amendment of article heading, section and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction adding History 8 and changes noted therein (Register 94, No. 48).
10. Certificate of Compliance as to 1-3-94 order, including amendment of subsections (a)(1) and (b), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18761. Local Task Force (LTF).
Note     •     History

(a) Establishment. Each county board of supervisors, and a majority of the cities within the county which contain a majority of the population in

the county, shall submit written documentation to the Board approving the membership of their LTF, within 30 days after establishment of the LTF.
(1) The documentation submitted to the Board shall denote the identity of the members in the LTF, and whether the members represent the governmental or the private sectors, or other entities or groups. The documentation shall define the terms of membership for each member.
(2) The terms of membership shall be determined by the county board of supervisors and a majority of the cities within the county which contain a majority of the population in the county.
(3) After its establishment, each LTF shall inform the Board of how frequently it intends to meet.
(b) Role of the LTF. The LTF shall advise jurisdictions responsible for the SRRE, HHWE and NDFE preparation, and review goals, policies, and procedures for jurisdictions, which, upon implementation, will aid in meeting the solid waste management needs of the county, as well as the mandated source reduction and recycling requirements of Public Resources Code section 41780.
(1) The LTF shall assist and advise in the review of the SRRE, HHWE, and NDFE, and shall assist jurisdictions in the implementation of the SRRE, HHWE, and NDFE.
(2) The LTF shall provide technical guidance and information regarding source reduction, waste diversion, and recycling to local jurisdictions during preparation and revision of the SRRE, HHWE and NDFE. Such information may be presented to the general public at public hearings and upon request by members of local government and community organizations.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40001, 40950, 41000, 41300, 41500, 41510, 41730 and 41731, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (b), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsections (b)-(b)(2) filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
8. Editorial correction adding History 7 and changes noted therein (Register 94, No. 48).
9. Certificate of Compliance as to 1-3-94 order, including amendment of subsections (a) and (b)-(b)(2), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18762. SRRE, HHWE, and NDFE Preparation.
Note     •     History

(a) A jurisdiction shall prepare the SRRE, HHWE, and NDFE pursuant to Articles 6.1, 6.2, 6.3, and 6.4 of this Chapter, as applicable.
(1) Except as provided by Public Resources Code section 41735(a), a jurisdiction shall comply with the California Environmental Quality Act (CEQA) pursuant to Public Resources Code sections 21000 et seq.
(b) A jurisdiction shall submit written documentation to the Board of its designation of an agency responsible for preparation of the SRRE, HHWE and NDFE within 30 days of said designation.
(c) A jurisdiction, in coordination with the LTF, shall prepare and adopt the SRRE, HHWE, and NDFE, by the dates specified in Public Resources Code sections 41000, 41300 and 41791, as applicable.
(d) For the purposes of this article, after a jurisdiction prepares and adopts its NDFE, the NDFE shall be appended to the SRRE by the jurisdiction at the time the SRRE is submitted to the Board. At the time of the five year revision of the SRRE, the NDFE may be incorporated into the SRRE.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 21083, 40900, 40950, 41000, 41003, 41300, 41303, 41500, 41510, 41730, 41731, 41732, 41733, 41734, 41735, 41736, 41750, 41780 and 41791, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending section heading and subsection (a)(1) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
9. Amendment of section heading, text and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction adding History 9 and changes noted therein (Register 94, No. 48).
11. Certificate of Compliance as to 1-3-94 order, including amendment of section heading and subsections (a), (c) and (d), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
12. Change without regulatory effect amending subsection (d) filed 8-25-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 34).
§18763. Circulation of the Preliminary Draft SRRE and HHWE for Review.
Note     •     History

(a) A jurisdiction shall prepare a preliminary draft of its SRRE and HHWE.
(b) If the jurisdiction is a city, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, the county or regional agency responsible for the Countywide Integrated Waste Management Plan (CIWMP) or Regional Agency Integrated Waste Management Plan (RAIWMP) preparation, and the LTF.
(c) If the jurisdiction is a county, the preliminary draft SRRE and HHWE shall be sent to adjoining cities and the LTF.
(d) If the jurisdiction is a regional agency then the following applies:
(1) If the regional agency is composed of a single county but does not include all of the cities within the county, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, the agency in the county responsible for the CIWMP preparation, and to the LTF.
(2) If the regional agency is composed of a single county and all of the cities within that county, the preliminary draft SRRE and HHWE shall be sent to adjoining cities and the LTF.
(3) If the regional agency is composed of two or more counties and all of the cities within the counties, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, and the LTF of each affected county.
(4) If the regional agency is composed of two or more counties but does not include all of the cities within those counties, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, each of the county agencies responsible for the CIWMP, and the LTF of each affected county.
Each jurisdiction shall also submit three copies of the draft SRRE and HHWE to the Board.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 41000, 41300, 41500, 41510, 41750.1 and 41790, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-19-91 order, including amendment of first paragraph, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
8. Amendment of section and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction adding History 8 and changes noted therein (Register 94, No. 48).
10. Certificate of Compliance as to 1-3-94 order, including amendment of section heading and section, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18764. Review of the Preliminary Draft SRRE and HHWE.
Note     •     History

(a) Review Period. In accordance with Government Code section 15376, the review period shall be a minimum of 30 days, commencing upon the date of receipt of the Preliminary Draft SRRE and HHWE by a reviewing agency. The median time for review shall be 38 days. The maximum time for review shall be 45 days.
(1) Review by LTF. In reviewing the preliminary draft SRRE and HHWE, the LTF shall consider the issues of regional concern pursuant to Public Resources Code section 40950(c) to aid in ensuring that they are addressed. Copies of written comments made by the LTF on the preliminary draft SRRE and HHWE shall be sent simultaneously to the Board and to the jurisdiction that prepared the preliminary draft SRRE and HHWE.
(2) Review by Other Reviewing Agencies. The county, adjacent cities, any association of regional governments, and the Board shall review the preliminary draft SRRE and HHWE and send written comments to the jurisdiction that prepared the preliminary draft SRRE and HHWE. A copy of the Board's written comments shall be sent simultaneously to the LTF.
NOTE

Authority cited: Section 40502, Public Resources Code; Section 15376, Government Code. Reference: Sections 40950, 41000, 41300, 41500, 41510 and 41790, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (a) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
9. Amendment of section and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction adding History 9 and changes noted therein (Register 94, No. 48).
11. Certificate of Compliance as to 1-3-94 order, including amendment of section heading and subsection (a)(2), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18765. Review of the Final Draft SRRE, HHWE and NDFE.
Note     •     History

(a) Thirty (30) days prior to the public hearing for the adoption of the SRRE and HHWE, the jurisdiction shall send a copy of the final draft of its SRRE and HHWE to the LTF(s) of the affected counties for review. Within 15 days of receipt of the final draft of the SRRE and HHWE, the LTF shall provide written comments to the jurisdiction and the Board regarding the final draft.
(b) Ninety (90) days prior to the public hearing for the adoption of the NDFE, the jurisdiction shall send a copy of the final draft NDFE to the LTF for review. Within 90 days of receipt of the final draft NDFE, the LTF shall provide written comments to the city or county and the Board regarding the final draft.
(c) If deficiencies are indicated in the LTF's comments, the LTF shall meet with the jurisdiction to resolve them. If no resolution between the jurisdiction and the LTF can be achieved, the LTF shall send a letter to the jurisdiction and the Board indicating the remaining deficiencies of the SRRE, HHWE and NDFE.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40950, 40971, 41000, 41300, 41500, 41510, 41730, 41731 and 41734, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
8. Amendment of section heading, text and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction adding History 8 and changes noted therein (Register 94, No. 48).
10. Certificate of Compliance as to 1-3-94 order, including amendment of subsection (b), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18766. Public Participation; Notice; Local Adoption of SRRE, HHWE and NDFE.
Note     •     History

(a) The general public, affected governmental entities, and private industries shall be given an opportunity to participate in the planning process and implementation of the SRRE, HHWE, and NDFE through attendance at informative meetings and public hearings.
(1) Pursuant to Public Resources Code section 41793, at least one public hearing shall be held to receive testimony regarding the Preliminary Draft of the SRRE and HHWE before a jurisdiction adopts its SRRE and HHWE.
(A) To inform the public of the hearing, the jurisdiction shall publish a notice in a local newspaper of general circulation at least 30 days in advance of the scheduled public hearing on the SRRE and HHWE.
(2) Jurisdictions may form advisory committees which may review and comment on draft elements, and provide technical guidance and support during the development of the SRRE, HHWE, and NDFE.
(b) In addition to the hearing or hearings held pursuant to (a)(1) of this section, the governing body of the jurisdiction, shall conduct a public hearing for the purpose of adopting the SRRE, HHWE, and NDFE. After considering all comments of the members of the governing body and the public, the jurisdiction shall, by resolution, adopt the SRRE, HHWE and NDFE.
(1) To inform the public of the hearing, the jurisdiction shall publish a notice in a newspaper of general circulation at least three (3) days in advance of the scheduled public hearing on the final draft SRRE, HHWE, and NDFE.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 40971, 41000, 41300, 41500, 41510, 41730, 41731 and 41793, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (a)(1), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (a)(2) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
9. Amendment of section heading, text and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction adding History 9 and changes noted therein (Register 94, No. 48).
11. Editorial correction of subsection (b) (Register 95, No. 19).
12. Certificate of Compliance as to 1-3-94 order, including amendment of section, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18766.5. Revision of the SRRE prior to Board Approval.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code; and Section 15376, Government Code. Reference: Sections 40950, 41000, 41300, 41781.2, 41790 and 41793, Public Resources Code.
HISTORY

1. New section filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction adding section and History 1 (Register 94, No. 48).
3. Certificate of Compliance as to 1-3-94 order, including repealer of section, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18767. Submittal of City or Regional Agency SRRE, HHWE, and NDFE to the County and County NDFE to the Cities.
Note     •     History

(a) A city, or regional agency which is composed of some cities within a single county, shall transmit one (1) copy of its SRRE and one (1) copy of its HHWE to the county in which it is located within 30 days of its adoption by the city or regional agency for incorporation into the CIWMP.
(1) A signed resolution and documentation that the jurisdiction has complied with CEQA (Public Resources Code sections 21000 et seq.) shall accompany the SRRE and HHWE that are submitted to the county.
(b) A city, unless it is a city and county, or regional agency which is composed of some cities within a single county shall transmit a copy of its NDFE to the county in which it is located within 30 days of its adoption by the city or regional agency for incorporation into the CIWMP. This submittal shall occur no later than the applicable submittal dates in PRC section 41791.5.
(c) A county, unless it is a city and county, shall transmit a copy of its NDFE to the cities which are located within the county within 30 days of adoption of the NDFE by the county. This submittal shall occur no later than the applicable submittal dates specified in PRC 41791.5.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 21083, 40971, 41000, 41300, 41500, 41510, 41791, 41730, 41731, 41750.1 and 41793, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (a) and renumbering (a)(1) to (b) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
9. Amendment of section heading, text and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction adding History 9 and changes noted therein (Register 94, No. 48).
11. Certificate of Compliance as to 1-3-94 order, including amendment of section heading and section, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18768. Submittal of the SRRE, HHWE, and NDFE to the Board.
Note     •     History

(a) A jurisdiction shall, according to the schedule set forth in PRC section 41791.5, submit to the Board three (3) copies of its SRRE.
(1) When submitting the SRRE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public hearings on the SRRE, a copy of the resolution(s) adopting the SRRE, comments on the final draft from the LTF, and a copy of the Notice of Determination which has been filed with the State Clearinghouse in the Office of Planning and Research as verification of compliance with the CEQA (Public Resources Code sections 21000 et seq.).
(b) A jurisdiction shall, according to the schedule set forth in PRC section 41791.5, submit to the Board three (3) copies of its NDFE.
(1) When submitting the NDFE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public hearing(s) on the NDFE, a copy of the resolution(s) adopting the NDFE, and comments on the final draft from the LTF.
(c) A jurisdiction shall submit its HHWE with the CIWMP or the RAIWMP according to the schedule set forth in PRC section 41791. Any city, or regional agency which is composed of some cities within a single county, may separately submit its HHWE to the Board for approval.
(1) When submitting the HHWE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public hearings on the HHWE, a copy of the resolution(s) adopting its HHWE, comments on the final draft from the LTF, and a copy of the Notice of Determination which has been filed with the State's Clearinghouse in the Office of Planning and Research as verification of compliance with the CEQA (Public Resources Code sections 21000 et seq.).
(d) The Board's 120 day review period for consideration of approval of a SRRE, HHWE, or NDFE will commence upon determination by the Board that three (3) copies of a SRRE, HHWE, or NDFE and the accompanying documents required by (a), (b) and (c) of this section have been submitted by the jurisdiction.
(1) Within 30 days of receipt of a SRRE, HHWE, or NDFE for approval, the Board shall indicate to the jurisdiction whether all requirements included in (a), (b), and (c) have been fulfilled. If the Board notifies the jurisdiction that the required documents have not been submitted, the jurisdiction shall submit the remaining required document(s) within 30 days of notification.
NOTE

Authority cited: Section 40502, Public Resources Code; and Section 15376, Government Code. Reference: Sections 21083, 40971, 41750, 41791, 41791.5, 41794, 41800 and 41802, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendments of section and renumbering of subsections (b), (c) and (c)(1) to (a)(1), (2) and (3), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (a)(2) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
9. Amendment of section heading, text and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction adding History 9 and changes noted therein (Register 94, No. 48).
11. Certificate of Compliance as to 1-3-94 order, including amendment of section heading and section, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18769. Board Approval of SRREs, HHWEs, and NDFEs.
Note     •     History

(a) The Board shall approve, conditionally approve, or disapprove the SRRE, HHWE, and NDFE at a public hearing. After receiving testimony from the jurisdiction, the public and the LTF, the Board shall either adopt and prepare written findings approving the SRRE, HHWE, and NDFE or issue a Notice identifying deficiencies  in the SRRE, HHWE, and NDFE or amendments to the NDFE.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41800, 41801, 41802 and 41810 through 41813, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
8. Amendment of section heading, text and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction adding History 8 and changes noted therein (Register 94, No. 48).
10. Certificate of Compliance as to 1-3-94 order, including amendment of section heading and section, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18770. Amendment or Revision, and Resubmittal of the Amended or Revised SRRE, HHWE, and NDFE.
Note     •     History

(a) If a jurisdiction revises or amends its SRRE, HHWE, or NDFE, the jurisdiction shall revise or amend and submit its SRRE, HHWE, or NDFE pursuant to the requirements of sections 18765 through 18768 of this article.
(b) A jurisdiction shall resubmit a revised or amended version of its SRRE, HHWE, or NDFE to the Board either voluntarily according to PRC section 41770.5 or within 120 days of receipt of a notice identifying the element's deficiencies.
(c) The Board's 60 day review period for consideration of approval of amendments to the NDFE prior to the five year revision of the SRRE will commence upon determination by the Board that three (3) copies of the amendments to the NDFE and the accompanying documents required by section 18768(b) have been submitted by the jurisdiction.
(1) Within 30 days of receipt of the amendments to the NDFE for approval, the Board shall indicate to the jurisdiction whether all requirements included in section 18768(b) have been fulfilled. If the Board notifies the jurisdiction that the required documents have not been submitted, the jurisdiction shall submit the remaining required document(s) within 30 days.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 21083, 40950, 41000, 41300, 41770, 41770.5, 41780, 41781.2, 41790, 41793, 41800, 41801, 41802, 41810-41813 and 41822, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (b) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
9. Amendment of section heading, text and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction adding History 9 and changes noted therein (Register 94, No. 48).
11. Certificate of Compliance as to 1-3-94 order, including amendment of section heading, section  and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18770.5. Board Approval of  Revised or Amended SRREs, HHWEs, and NDFEs.
Note     •     History

(a) If a jurisdiction is required to amend or revise its SRRE, HHWE, or NDFE due to the disapproval of the document, the Board shall approve, conditionally approve, or disapprove the element or amendment, pursuant to Public Resources Code sections 41812 and 41813, within 120 days of receipt of resubmitted elements or within 60 days of the receipt of NDFE amendments.
(b) The Board shall approve, conditionally approve, or disapprove revised or amended SRREs, HHWEs, and NDFEs at a public hearing. After considering public testimony and input from the LTF, the Board shall either adopt a resolution approving revised or amended SRREs, HHWEs, and NDFEs, or issue a notice identifying deficiencies in the SRREs, HHWEs, and NDFEs. Board approval shall be based on an evaluation of the jurisdiction's implementation of the hierarchy for waste management practices as described in Public Resources Code section 40051 of the California Integrated Waste Management Act of 1989.
(1) If revised or amended SRREs, HHWEs, and NDFEs are disapproved or conditionally approved, the Board shall send a notice identifying deficiencies within thirty (30) days of making its findings.
(2) Conditional approval or disapproval of a SRRE or HHWE, which has been revised per Section 18772 of this article, shall require the jurisdiction to reinstitute the process for preparation and approval of the SRREs and HHWEs, beginning in sections 18762 through 18768.
(3) If revised or amended SRREs, HHWEs, and NDFEs are approved, the Board shall send a copy of the resolution of approval to the jurisdiction within thirty (30) days of making its finding.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40050, 40051, 40052, 41780, 41800, 41802, 41810 through 41813 and 41822, Public Resources Code.
HISTORY

1. Certificate of Compliance as to 1-3-94 order, including renumbering and amendment of former section 18773 to 18770.5, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18771. Annual Report: Review and Revision of City, Regional Agency or County SRREs.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40050, 40051, 40052, 40950, 41000, 41300, 41780, 41790 and 41821, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsections (b) and (c), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37). 
7. Change without regulatory effect amending subsections (a)(1) and (b) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading, text and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction adding History 8 and changes noted therein (Register 94, No. 48).
10. Amendment of subsection (b) filed 11-21-95 as an emergency; operative 11-21-95 (Register 95, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-96 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (b) refiled 3-15-96 as an emergency; operative 3-20-96 (Register 96, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-18-96 or emergency language will be repealed by operation of law on the following day.
12. Repealer filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
13. Repealer refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§18772. Board's Biennial Review of the City, Regional Agency, or County SRRE and HHWE.
Note     •     History

(a) In addition to local jurisdiction review of city, regional agency, and county SRREs and HHWEs, at least once every two years, the Board shall conduct an independent review of SRREs and HHWEs. This biennial review will enable the Board to assess each jurisdiction's progress towards meeting the mandated diversion requirements. The Board shall determine if the SRRE and HHWE programs are being implemented, and if jurisdictions are meeting the goals of their SRRE and HHWE.
(b) If the Board finds that a jurisdiction is failing to implement its SRRE and HHWE, and is not making progress towards meeting the requirements of Public Resources Code sections 41000, 41300, 41500, 41510 or 41780, as applicable, after a public hearing on the matter, the Board shall issue a compliance order for achieving those requirements.
(1) The compliance order shall identify the programs goals of the SRRE and HHWE which are not being implemented or attained by the jurisdiction, or identify areas of the SRRE and HHWE which require revision. The Board shall also set a date by which the jurisdiction shall meet the mandated requirements.
(2) The Board shall issue the compliance order within 30 days of making its finding of noncompliance.
(c) If a jurisdiction fails to bring its SRRE and HHWE into compliance by the date specified by the Board, the Board shall enforce the compliance order pursuant to Public Resources Code section 41850.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41000, 41300, 41500, 41510, 41780, 41825 and 41850, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsections (a) and (b), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
8. Amendment of section heading, text and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction adding History 8 and changes noted therein (Register 94, No. 48).
10. Editorial correction of subsection (b) (Register 95, No. 19).
11. Certificate of Compliance as to 1-3-94 order, including amendment of section heading and subsection (a), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18773. Board Approval of  Revised SRRE and HHWE.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40050, 40051, 40052, 41780, 41800, 41802, 41810 through 41813 and 41822, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
8. Amendment of section heading, text and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction adding History 8 and changes noted therein (Register 94, No. 48).
10. Certificate of Compliance as to 1-3-94 order, including renumbering and amendment of former section 18773 to 18770.5, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18774. One-Year Time Extension for Meeting Diversion Requirements.
Note     •     History

(a) Commencing in 1995, the Board may grant a one-year time extension for meeting the state mandated requirements identified in Public Resources Code section 41780.
(1) A jurisdiction requesting an extension shall demonstrate, in writing, that it meets the requirements for an extension pursuant to Public Resources Code section 41820.
(2) Within 45 days of receipt of this request, the Board shall review the adequacy of the application, and determine if the requirements of Public Resources Code section 41820 are met. Based upon this determination, the Board shall adopt written findings approving or disapproving the jurisdiction's request. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780 and 41820, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading and Note  filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
8. Editorial correction adding History 7 and changes noted therein (Register 94, No. 48).
9. Certificate of Compliance as to 1-3-94 order, including amendment of section heading and section, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18774.5. Two-Year Time Extension for Meeting Diversion Requirements.
Note     •     History

(a) Commencing in 1995, the Board may grant a two-year time extension to a rural jurisdiction, as defined in Public Resources Code sections 40183 and 40184, for meeting the state mandated diversion requirements in Public Resources Code section 41780.
(1) A jurisdiction requesting an extension shall demonstrate, in writing, that it meets the requirements for an extension pursuant to Public Resources Code section 41787.4.
(2) Within 45 days of receipt of a complete request, the Board shall review the adequacy of the application, and determine if the requirements of Public Resources Code section 41787.4 are met. Based upon this determination, the Board shall adopt written findings approving or disapproving the jurisdiction's request.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40183, 40184, 41780 and 41787.4, Public Resources Code.
HISTORY

1. New section filed 2-13-97; operative 3-15-97 (Register 97, No. 7).
§18775. Reduction in Diversion and Planning Requirements.
Note     •     History

(a) A rural jurisdiction, as defined in Public Resources Code sections 40183 and 40184, may petition the Board, at a public hearing, to reduce the planning requirements and diversion requirements specified in Public Resources Code section 41780. To petition for a reduction, the jurisdiction shall present verification to the Board which indicates that achievement of the requirements is not feasible. To qualify to petition for a reduction in the diversion and planning requirements, a jurisdiction must meet the following:
(1) For a rural city, have a geographic area of less than 3 square miles or a population density of less than 1500 people per square mile and a waste disposal rate of less than 100 cubic yards per day or 60 tons per day.
(2) For the unincorporated area of a rural county, the county's population shall be 200,000 or less.
(3) For a rural regional agency, consist of rural cities and counties, not to exceed more than two rural counties, unless authorized by the Board.
(4) Be located in a rural area. “Rural area” means those counties and cities located in agricultural or mountainous areas of the state and located outside the Department of Finance's Primary Metropolitan Statistical Areas.
(b) Based on information presented at the hearing, the Board may establish reduced diversion requirements, and alternative, but less comprehensive, planning requirements. A petitioner may identify those specific planning requirements from which it wants to be relieved and provide justification for the reduction. Examples of reduced planning requirements could include, but would not be limited to, reduced requirements for solid waste generation studies, and reduced requirements and consolidation of specific component requirements. These reduced planning requirements, if granted, must ensure compliance with Public Resources Code section 41782.
(c) Rural jurisdictions requesting a reduction in the diversion and planning requirements must include the following information in the reduction petition:
(1) A general description of the existing disposal and diversion systems, including documentation of the types and quantities of waste disposed and diverted. Documentation sources may include, but are not limited to, the following:
(A) Solid Waste Generation or Characterization Studies;
(B) Diversion data from public and private recycling operations;
(C) Current year waste loading information from permitted solid waste facilities used by the jurisdiction;
(2) Identification of the specific reductions being requested (i.e., diversion or planning requirements or both);
(3) Documentation of why attainment of mandated diversion and planning requirements is not feasible. Examples of documentation could include, but are not limited to:
(A) Evidence from the documentation sources specified in paragraph (c)(1) of this section;
(B) Verification of existing solid waste budget revenues and expenses from the duly authorized designated representative of the jurisdiction;
(4) The planning or diversion requirements that the jurisdiction feels are achievable, and why.
(5) Documentation verifying that the rural city or county has implemented those programs identified in Public Resources Code section 41787(a)(3).
(6) Documentation verifying that the rural regional agency has implemented those regionwide programs identified in Public Resources Code section 41787.1(c)(2).
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40183, 40184, 40973, 41787, 41787.1, 41787.2 and 41802, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. 
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. New section filed 6-17-91 as an emergency; operative 6-17-91 (Register 91, No. 35). A Certificate of Compliance must be transmitted to OAL by 10-15-91 or emergency language will be repealed by operation of law on the following day.
7. Change without regulatory effect repealing section filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. New section filed 7-29-91 as an emergency; operative 7-29-91 (Register 92, No. 17). A Certificate of Compliance must be transmitted to OAL 11-26-91 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 7-29-91 order including amendment of section transmitted to OAL 3-24-92 and filed 5-4-92 (Register 92, No. 18).
10. Amendment of section heading, text and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
11. Editorial correction adding History 5 and changes noted therein (Register 94, No. 48).
12. Editorial correction restoring History Notes 1-5 and renumbering remaining History Notes (Register 95, No. 19).
13. Amendment of subsection (d), new subsection (e) and subsection relettering filed 11-21-95 as an emergency; operative 11-21-95 (Register 95, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-96 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsection (d), new subsection (e) and subsection relettering refiled 3-15-96 as an emergency; operative 3-20-96 (Register 96, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-18-96 or emergency language will be repealed by operation of law on the following day.
15. Repealer of subsections (d)-(g) filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
16. Repealer of subsections (d)-(g) refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 9-25-96 order, including amendment of Note, transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
18. Certificate of Compliance as to 1-3-94 order, including amendment of section and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
19. Change without regulatory effect amending subsections (a)(1)-(2) and (a)(4) filed 8-25-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 34).
§18775.2. Sludge Diversion.
Note     •     History

(a) Jurisdictions that wish to claim diversion of the waste type “sludge” shall submit a written request to the Board pursuant to PRC 41781.1. Within 45 days of receipt of a jurisdiction's request, the Board shall notify the jurisdiction in writing whether sufficient information has been included in the request to enable the Board to make findings pursuant to PRC Section 41781.1. Requests that are found by the Board to be incomplete, pursuant to the criterion set forth in this section, shall be returned to the jurisdiction to correct any inadequacy. The Board shall make the findings required by PRC Section 41781.1 at a public hearing no later than 180 days after receipt of a complete request for sludge diversion credit.
(1) A request for allowing sludge diversion shall include the following information:
(A) Description of the selected diversion alternative(s);
(B) Projected annual quantity of sludge waste to be diverted through the year 2000;
(C) Documentation that waste type “sludge” has been categorized, quantified, and documented in the applicable “solid waste generation study” as defined in section 18722 of this chapter;
(D) Written certification from the agent(s) responsible for implementing the sludge diversion alternative that the intended sludge reuse meets all applicable requirements of state and federal law. Information upon which the above certification is based shall be made available to the Board upon request.
(E) Description of monitoring program(s) that are in place or which will be established to insure that the sludge diversion alternative will not pose a threat to public health or the environment.
(F) If the sludge diversion alternative receives a permit or is identified under an existing permit, waste discharge requirements, or has other conditions imposed by one or more of the agencies specified in PRC Section 41787.1, include the name of the agency(s) and identify the agency identification code or number for the permit, waste discharge requirements, or other imposed conditions.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780 and 41781.1, Public Resources Code.
HISTORY

1. New section filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction adding section and History 1 (Register 94, No. 48).
3. Certificate of Compliance as to 1-3-94 order, including amendment of section, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§18775.4. Use of Excluded Waste Types for Baseline Diversion Credit.
Note     •     History

(a) To establish baseline diversion, jurisdictions which have included alternatives for the diversion of agricultural wastes, inert solids, or scrap metals as defined in PRC section 41781.2(b), or white goods as defined in Article 3 of this Chapter, shall follow the requirements specified in PRC section 41781.2. Within 60 days of receipt of a jurisdiction's SRRE for final review, the Board shall notify the jurisdiction in writing if there is insufficient information to determine that the criteria specified in PRC section 41781.2 have been met. This notification shall be based on the criteria specified in PRC section 41801.5(b). 
(b) If the Board disapproves an element for which a jurisdiction has received a notification of excluded wastes pursuant to PRC section 41801.5(b), the jurisdiction may, concurrent with the procedures specified in section 18770 of this article, submit additional information to the Board which substantiates that the criteria specified in PRC section 41781.2 have been met. Within 60 days of receipt of the additional information, the Board shall determine whether diversion of all or a portion of the excluded waste will be allowed for the purposes of compliance with the diversion requirements of PRC section 41780.
(c) Based on the Board's determination in subsection (b), the jurisdiction shall update or revise, if necessary, its SRRE to correct any inadequacy and shall resubmit it to the Board within 120 days of the Board's determination. If a jurisdiction is unable to resubmit its updated or revised SRRE within 120 days, the Board may, on a case-by-case basis, extend the deadline for resubmittal. Upon receipt of a resubmitted element, the Board shall follow the procedures specified in section 18770 of this article.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41781.2, 41801.5 and 41811.5, Public Resources Code.
HISTORY

1. New section filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction adding section and History 1 (Register 94, No. 48).
3. Certificate of Compliance as to 1-3-94 order, including amendment of subsections (b) and (c), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
Article 8. Procedures for Preparing and Revising Siting Elements, Summary Plans,  and Countywide and Regional Agency Integrated Waste Management Plans
§18776. Procedures for the Preparation and Submittal of the Siting Element and Summary Plan.
Note     •     History

(a) Except as provided in subsection (b)(3)(B) of this section, each county shall prepare and adopt a Siting Element and a Summary Plan which shall be part of the Countywide Integrated Waste Management Plan (CIWMP), pursuant to Public Resources Code sections 41700 through 41826.
(b) Where a regional agency has been formed, the following requirements shall apply:
(1) Each regional agency composed of member agencies that do not extend beyond the boundaries of a single county and does include the unincorporated area of the county, shall prepare and submit to the Board a Siting Element and a Summary Plan which shall be part of the CIWMP.
(2) Each regional agency composed of member agencies that do not extend beyond the boundaries of a single county, but does not include the unincorporated area of the county, shall be included in the documents prepared pursuant to subsection (a) of this section for the preparation and submittal of the Siting Element and Summary Plan.
(3) Each regional agency composed of two or more counties and all cities within those counties, shall prepare and submit to the Board one of the following as part of the Regional Agency Integrated Waste Management Plan (RAIWMP):
(A) a countywide Siting Element and Summary Plan for each county within the regional agency; or
(B) a regionwide Siting Element and Summary Plan for the regional agency.
(4) Each regional agency composed of more than one county, but which does not include all of the cities within those counties, shall be included in the documents prepared pursuant to subsection (a) of this section for the preparation and submittal of the Siting Element and Summary Plan for each county of the regional agency.
(5) Each regional agency composed of more than one county, and which includes all of the cities and the unincorporated area within at least one of those counties, but not all of the cities within the other county(ies), shall prepare and submit to the Board a Siting Element and Summary Plan as part of the RAIWMP for each county that is wholly encompassed in the regional agency.
(c) Each county  and regional agency shall designate the agency responsible for preparing its Siting Element and Summary Plan; and shall notify the Board, in writing, within 30 days of the effective date of this article or the formation of a regional agency. Each county and regional agency shall notify the Board, in writing, of any change in the designation of a responsible agency within 30 days of the change.
(d) For the purposes of this article, “countywide” shall be defined as including the incorporated cities within the county and the unincorporated areas of the county. For purposes of this article, “county” shall include the Board of Supervisors as the legislative and executive body of county government, and any designated agency responsible for solid waste management.
(e) For the purposes of this article, “regionwide” shall be defined as including the member agencies of a regional agency. For the purposes of this article, “regional agency” shall be the governing entity created by a voluntary agreement between cities and/or counties to carry out the mandates of Public Resources Code section 41780. A city or county which is a party to such an agreement shall be considered a “member agency” of the regional agency. A regional agency may authorize one district, as defined in subdivision (a) of Section 41821.2 of the Public Resources Code, to be included as a member of the regional agency.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40051, 40970 - 40975, 40977, 41700, 41701, 41702, 41703, 41704, 41750, 41750.1, 41751, 41791 and 41821.2, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsections (b) and (c), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (c) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of article heading, section heading and subsection (a), repealer of subsection (b) and new subsections (b)-(b)(5), amendment of subsection (c), repealer of subsection (d) and new subsections (d)-(e) and amendment of  Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
9. Change without regulatory effect amending subsection (e) and amending Note filed 6-26-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
§18777. Role of the Lock Task Force.
Note     •     History

(a) The role of the Local Task Force (LTF) shall be to assist and advise the agency(ies) responsible for preparation of the Siting Element and the Summary Plan. The LTF shall guide the preparation and review of these documents prior to their circulation to reviewing agencies and to the Board, to aid in ensuring that the county or regional agency adequately plans for meeting future solid waste handling and disposal needs.
(b) Within 30 days of its establishment, the LTF shall determine and verify the remaining permitted combined disposal capacity of existing solid waste disposal facilities in the county or regional agency.
(c) If the county and the cities within the county determine that the representation of the current LTF is not adequately addressing the needs of the county, cities, or public, a new LTF may be established. The new LTF membership shall be approved as described in Public Resources Code Section 40950. Within 30 days of the establishment of the new LTF, a membership roster containing the names, phone numbers, and member representation shall be sent to the Board.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40001, 40950, 41751 and 41791, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsections (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (a) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading and subsections (a)-(b), repealer of subsections (b)(1)-(2), new subsection (c) and amendment of Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§18778. Public Participation in the Preparation of the Preliminary Draft Siting Element and   Summary Plan.
Note     •     History

(a) The general public, affected governmental entities, and private industries shall be given an opportunity to comment on the development and implementation of the preliminary Siting Element and Summary Plan at informative meetings and public hearings.
(1) The agency(ies) responsible for preparing the preliminary Siting Element and Summary Plan shall hold at least one public meeting to receive public comment on these preliminary draft documents. Notice of the public meeting shall be provided pursuant to section 18782 of this article.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900 and 41793, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (a)(1) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading, text and Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§18779. Procedures for the Preparation and Review of the Preliminary Draft Siting Element and Summary Plan.
Note     •     History

(a) Preparation of the Preliminary Draft Siting Element and Summary Plan. Each county and regional agency shall prepare a preliminary draft of its Siting Element and Summary Plan. The agency(ies) responsible for preparation of the preliminary draft(s) shall consider LTF recommendations and public input during the development and revision phases. The preliminary draft(s) shall be sent to the LTF, incorporated cities within the county, member agencies within the regional agency, and the Board.
(b) Review by LTF. The preliminary draft Siting Element and Summary Plan shall be reviewed by the LTF. Within 45 days of receipt of each preliminary draft, the LTF shall send written comments to the Board and to the agency preparing each preliminary draft document.
(c) Review by Incorporated Cities. Within 45 days of receipt of the preliminary draft Siting Element and Summary Plan, each incorporated city within the county and regional agency, shall review each preliminary draft and send written comments to the agency responsible for preparing each preliminary draft document.
(d) Review by Member Agencies. Within 45 days of receipt of the preliminary draft Siting Element and Summary Plan, each member agency within the regional agency, shall review each preliminary draft and send written comments to the agency responsible for preparing each preliminary draft document.
(e) Review by the Board. Three hardcopies of the the preliminary draft Siting Element and Summary Plan or two hardcopies and two magnetically coded disks in a Board approved format shall be submitted to the Board. Within 45 days of receipt of the required copies of the the preliminary draft Siting Element and Summary Plan, the Board shall send written comments on the adequacy of each preliminary draft to meet the requirements of the Integrated Waste Management Act of 1989, as amended, to the agency responsible for preparing each draft document. A copy of the Board's preliminary draft Siting Element and Summary Plan comments shall be simultaneously sent to the LTF.
(f) Other Agencies. A copy of the the preliminary draft Siting Element and Summary Plan shall be submitted to all associations of governments and to any Local Enforcement Agency located within the boundaries of the county or regional agency. Within 45 days of receipt of the the preliminary draft Siting Element and Summary Plan, each of those agencies receiving a copy may send written comments to the agency responsible for preparing the preliminary draft document.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 40950, 41700, 41701, 41703, 41704, 41710, 41750, 41751 and 41791, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsections (a), (b) and (c), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (a) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading and subsections (a)-(c), new subsections (d)-(f) and amendment of Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§18780. Procedures for the Preparation of the Final Draft  Siting Element and Summary Plan.
Note     •     History

No later than 105 days after the close of the 45 day review period for the preliminary draft Siting Element and Summary Plan, the agency responsible for preparing each draft document shall respond in writing to each comment received on each preliminary draft, and prepare the final draft Siting Element and Summary Plan.
(a) A copy of the final draft countywide Siting Element and Summary Plan, including a copy of the written responses to comments received, shall be sent to the LTF, each incorporated city in the county, each Local Enforcement Agency (LEA) in the county, applicable associations of governments, and any regional agencies in the county.
(b) A copy of the final draft regionwide Siting Element and Summary Plan, including a copy of the written responses to comments received, shall be sent to each member agency of the regional agency formed pursuant to section 18776(b)(3) of this chapter, each LTF and LEA in the regional agency, and applicable associations of governments.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 40950, 41700, 41701, 41703, 41704, 41710, 41750 and 41751, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading and first paragraph, new subsections (a)-(b) and amendment of Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§18781. Local Task Force Review Process.
Note     •     History

(a) Within 45 days of receipt of the final draft Siting Element and Summary Plan, the LTF shall provide written comments to the following:
(1) the county or regional agency responsible for the preparation of the final draft Siting Element and Summary Plan;
(2) each incorporated city within the county or each member agency within the regional agency;
(3) each regional agency within the county; and
(4) the Board.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40950 and 41751, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsections (a) and (b), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (a) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading, repealer of subsections (a)-(c), new subsections (a)-(a)(4)  and amendment of Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§18782. Notice Requirements for Public Hearings.
Note     •     History

(a) At least 30 days in advance of the scheduled public hearing to take comments on the preliminary draft Siting Element and Summary Plan as specified in CCR section 18778 of this article, the county shall publish a notice of the public hearing in a local newspaper of general circulation.
(b) At least 30 days in advance of the scheduled public hearing for the purposes of adopting the final draft Siting Element and Summary Plan, as specified in CCR section 18783 of this article, each incorporated city within the county and the county or designee shall publish a notice of the public hearing in a local newspaper of general circulation.
(c) At least 30 days in advance of the scheduled public hearing to take comments on the preliminary draft Siting Element and Summary Plan, as specified in CCR section 18778 of this article, the regional agency formed pursuant to section 18776(b)(3) of this article shall publish a notice of the public hearing in a local newspaper of general circulation.
(d) At least 30 days in advance of the scheduled public hearing for the purpose of adopting the final draft Siting Element and Summary Plan, as specified in CCR section 18783 of this article, each member agency within the regional agency and the regional agency shall publish a notice of the public hearing in a local newspaper of general circulation.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41793, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of first paragraph, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading, designation and amendment of subsection (a), new subsections (b)-(c) and amendment of Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§18783. Local Adoption of the Final Draft Siting Element and Summary Plan, and the Countywide and Regional Agency Integrated Waste Management Plans.
Note     •     History

(a) Local adoption of the CIWMP will occur when the final draft Siting Element and Summary Plan are adopted by the county and the cities within the county as described in Public Resources Code section 41721 and 41760. A final draft Siting Element and Summary Plan submitted for local adoption shall be accompanied by environmental documentation verifying compliance with the California Environmental Quality Act (CEQA), pursuant to Public Resources Code sections 21000 et seq.
(1) Each incorporated city in the county, and the county, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, the county and each city within the county shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan. Failure by a city to take action on the Siting Element or Summary Plan shall be deemed an approval of the Siting Plan or Summary Plan by that city.
(2) If the final draft Siting Element and Summary Plan are not approved by the county and the cities within the county, pursuant to PRC sections 41721 and 41760, then the county shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article. These revised documents shall be approved as described in Public Resources Code sections 41721 and 41760.
(b) Local adoption of the RAIWMP for a regional agency preparing documents pursuant to section 18776(b)(3)(A) and (5) of this article will occur when the final draft Siting Element and Summary Plan from each county that makes up the regional agency have been adopted by the county and cities within the county. These revised documents shall be approved as described in Public Resources Code sections 41721 and 41760. A final draft Siting Element and Summary Plan shall be accompanied by environmental documentation verifying compliance with CEQA, pursuant to Public Resources Code sections 21000 et seq.
(1) Each incorporated city in the county, and each county, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, each county and each city within the county shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan.
(2) If the final draft Siting Element and Summary Plan are not approved by each county and the cities within each county as described in Public Resources Code sections 41721 and 41760, then the county responsible for preparing the final draft Siting Element and Summary Plan shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article.
(c) Local adoption of the RAIWMP for a regional agency preparing documents pursuant to section 18776(b)(3)(B) of this article will occur when the final draft Siting Element and Summary Plan have been approved by the regional agency and by a majority of the member agencies within the regional agency except in those regional agencies which have only two member agencies, in which case the Siting Element and Summary Plan are subject to approval of the member agency which contains a majority of the population of the member agencies of the county. Each member agency shall act upon the Siting Element and the Summary Plan within 90 days after receipt of the documents. If a member agency fails to act upon the Siting Element and Summary Plan within 90 days after receipt of the element and plan, the member agency shall be deemed to have approved the Siting Element and Summary Plan as submitted. A final draft Siting Element and Summary Plan submitted for local adoption shall be accompanied by environmental documentation verifying compliance with CEQA, pursuant to Public Resources Code sections 21000 et seq.
(1) Each member agency, and the regional agency, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, the regional agency and each member agency within the regional agency shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan.
(2) If the final draft Siting Element and Summary Plan are not approved as provided in subsection (c) of this section, then the regional agency responsible for preparing the final draft Siting Element and Summary Plan shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article. These revised documents shall be approved as described in subsection (c) above.
(d) Local approval of the RAIWMP for a regional agency formed pursuant to section 18776(b)(4) of this article will occur when the final draft Siting Element and Summary Plan for each county where the regional agency exists have been adopted by the cities and each county. The final draft Siting Element and Summary Plan shall be approved as described in Public Resources Code sections 41721 and 41760. A final draft Siting Element and Summary Plan submitted for local adoption shall be accompanied by environmental documentation verifying compliance with CEQA, pursuant to Public Resources Code sections 21000 et seq.
(1) Each incorporated city in each county, and each county, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, each county and city within each county shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan.
(2) If the final draft Siting Element and Summary Plan are not approved by each county and cities within each county, then each county shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 of this article and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article. These documents shall be approved as described in Public Resources Code section 41721 and 41760. These revised documents shall be approved as described in this subsection (d) above.
(e) If a jurisdiction or member agency disapproves the Siting Element or the Summary Plan, the jurisdiction or member agency shall give written notification to the LTF, the County Board of Supervisors and the Board of the deficient areas in the Siting Element or the Summary Plan within 30 days of disapproval.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40950, 40971, 41000, 41720, 41721, 41751 and 41760, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsections (a), (b) and (c), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (c) and reference cites filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 37).
8. Amendment of section heading and subsection (a), new subsections (a)(1)-(2), repealer of subsections (b)-(b)(1) and new subsections (b)-(b)(2), repealer and new subsection (c), redesignation and amendment of subsection (c)(1) to subsection (e), new subsections (c)(1)-(d)(2) and amendment of Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§18784. Submittal of Countywide and Regional Agency Integrated Waste Management Plan to the Board for Approval.
Note     •     History

(a) Within 30 days of the local adoption of the CIWMP, as provided in section 18783 of this article, the county shall submit, unless any of these documents have been submitted pursuant to the requirements of this chapter, three hardcopies, or two hardcopies and two magnetically coded disks in a format approved by Board staff, of the following to the Board:
(1) for a county with no regional agency within its boundaries, a CIWMP consisting of the Source Reduction and Recycling Elements (SRRE's), Household Hazardous Waste Elements (HHWE's), and Nondisposal Facility Elements (NDFE's) for the county and each city within the county, and the Siting Element and Summary Plan.
(2) for a county which contains one or more regional agencies the CIWMP shall include:
(A) a SRRE, HHWE, and NDFE for each city that is not a member agency of the regional agency and for the county if it is not a member agency of the regional agency;
(B) a SRRE, HHWE, and NDFE for each city that is a member agency of the regional agency and for the county if it is a member agency of the regional agency, or the SRRE, HHWE, and NDFE for the regional agency, if the regional agency has elected to prepare one or more of these documents as a regional agency;
(C) a countywide Siting Element and Summary Plan.
(3) a copy of the agreement forming a regional agency pursuant to Public Resources Code section 40975;
(4) a copy of each jurisdiction's resolution adopting its SRRE, HHWE, and NDFE, and approving or disapproving the Siting Element and Summary Plan;
(5) a copy of the public notices for each jurisdiction's public hearings on the SRRE, HHWE, NDFE, Siting Element and Summary Plan;
(6) a copy of the Notice of Determination, for the project's CEQA document(s), which has been filed with the State Clearinghouse in the Office of Planning and Research;
(7) a tabulation showing that the Siting Element and Summary Plan were approved by the county and the cities within the county in accordance with sections 41721 and 41760 of the Public Resources Code.
(b) Within 30 days of the local adoption of the RAIWMP, as provided in section 18783 of this article, the regional agency shall submit, unless these documents have already been submitted pursuant to the requirements of this chapter, three hardcopies, or two hardcopies and two magnetically coded disks in a format approved by Board staff, of the following to the Board:
(1) for a regional agency composed of two or more counties and all of the cities within those counties, the RAIWMP shall include either:
(A) a SRRE, HHWE, and NDFE for each city and county which are member agencies of the regional agency and the Siting Element and Summary Plan for each county; or
(B) a SRRE, HHWE, NDFE, Siting Element, and Summary Plan for the regional agency.
(2) for a regional agency composed of more than one county, but which does not encompass all of the cities within those counties, a RAIWMP consisting of a SRRE and HHWE, and a NDFE for the regional agency;
(3) for a regional agency composed of more than one county, and which includes all of the cities and the unincorporated area within at least one of those counties, but not all of the cities within the other county(ies), the RAIWMP shall include a SRRE and HHWE for the regional agency, a NDFE for each city and the county that is a member agency of the regional agency, and a Siting Element and Summary Plan for each county that is wholly encompassed by the regional agency.
(4) a copy of the agreement forming a regional agency pursuant to Public Resources Code section 40975;
(5) a copy of each jurisdiction's resolution adopting its SRRE, HHWE, and approving or disapproving the Siting Element and Summary Plan;
(6) a copy of the public notices for each jurisdiction's public hearing on the applicable preliminary draft and final draft SRRE, HHWE, and Siting Element and Summary Plan;
(7) a copy of the Notice of Determination, for the project's CEQA document(s), which has been filed with the State Clearinghouse in the Office of Planning and Research;
(8) a tabulation showing that the Siting Element and Summary Plan were approved by the county and the cities within the county in accordance with sections 41721 and 47160 of the Public Resources Code or by each member agency of a regional agency in accordance with section 18783(c) of this article.
(c) The Board's 120 day review period for consideration of approval of the Siting Element and the Summary Plan will commence upon determination by the Board that the accompanying documents required in section 18784 of this article have been submitted and are included or referenced by the submitting jurisdiction.
(1) Within 30 days of receipt of the Siting Element and the Summary Plan submitted for approval, the Board shall indicate to the submitting jurisdiction whether all requirements in section 18784 of this article have been fulfilled. If the jurisdiction is notified that the required documents have not been submitted, the jurisdiction shall submit the remaining document(s) within 30 days of notification.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40975, 41720, 41721, 41760, 41790, 41791 and 41793, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsections (a)(1), (a)(2), (a)(3), (a)(5) and section heading transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (a) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading and subsection (a), repealer of subsection (a)(1) and new subsections (a)(1)-(3), redesignation and amendment of subsections (a)(2)-(5) to subsections (a)(4)-(7), new subsections (b)-(c)(1) and amendment of Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§18785. Board Approval of Countywide and Regional Agency Integrated Waste Management Plan.
Note     •     History

(a) Following submittal of a locally adopted CIWMP or RAIWMP to the Board, the Board shall have at least 90 days, but not more than 120 days, with a median of 105 days, to review and act upon the CIWMP or RAIWMP. The Board, at a public hearing, shall determine whether the CIWMP or RAIWMP meets the requirements of the California Integrated Waste Management Act of 1989 as amended. After considering public testimony, input from the LTF, and written comments, the Board shall approve, conditionally approve, or disapprove the CIWMP or RAIWMP. The Board shall either adopt a resolution approving or conditionally approving the CIWMP or RAIWMP, or issue a Notice identifying deficiencies in the CIWMP or RAIWMP.
(b) Within 30 days of approval, conditional approval, or disapproval of a CIWMP or RAIWP, the Board will send a copy of the resolution of approval or conditional approval, or a Notice identifying the deficiencies to the jurisdiction(s) responsible for preparation of the CIWMP or RAIWMP and any Element containing deficiencies.
(1) In a Notice of Deficiency, the Board shall identify the deficient areas in a CIWMP or RAIWMP and provide a written analysis of why these areas are deficient and provide recommendations to correct deficient areas.
NOTE

Authority cited: Section 40502, Public Resources Code; and Section 15736, Government Code. Reference: Sections 41790, 41800, 41801 and 41810, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (a), new subsection (b)(1) and new section heading, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading, text and Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§18786. Resubmittal of Countywide and Regional Agency Integrated Waste Management Plans or Designated Sections of Countywide and Regional Agency Integrated Waste Management Plans After a Finding of Deficiency.
Note     •     History

A county or regional agency shall modify and resubmit the modified sections of the CIWMP or RAIWMP which were identified in the Notice of Deficiency, in accordance with the requirements of Public Resources Code sections 41811, 41811.5, and 41812 and with sections 18780 through 18784 of this article. If a county or regional agency is unable to submit a modified CIWMP or RAIWMP within 120 days of receipt of the Notice of Deficiency, then within 45 days of receipt of the Notice of Deficiency, a county or regional agency shall submit a modification schedule and an explanation of the need for extension to the Board.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41790, 41810, 41811, 41812 and 41813, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of section heading, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading, text and Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§18787. Annual Review of Progress Towards Solid Waste Disposal Goals.
Note     •     History

NOTE

Authority: Section 40502, Public Resources Code. Reference: Sections 40051, 40052, 41701, 41750, 41751, 41760 and 41821, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2  (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsection (a) and section heading, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect repealing subsection (a)(1)(H) and amending (a)(3) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading and subsection (a), repealer of subsections (a)(1)-(a)(1)(G) and new subsections (a)(1)-(7), redesignation and amendment of subsections (a)(2)-(3) to subsection (b), repealer of subsection (a)(4) and amendment of Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
9. Amendment of subsection (a) filed 11-21-95 as an emergency; operative 11-21-95 (Register 95, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-96 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (a) refiled 3-15-96 as an emergency; operative 3-20-96 (Register 96, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-18-96 or emergency language will be repealed by operation of law on the following day.
11. Repealer filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
12. Repealer refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§18788. Five-Year Review and Revision of the Countywide or Regional Agency Integrated Waste Management Plan.
Note     •     History

(a) CIWMP or RAIWMP Review. Prior to the fifth anniversary of Board approval of a CIWMP or RAIWMP, or its most recent revision, the LTF shall complete a review of the CIWMP or RAIWMP in accordance with Public Resources Code sections 40051, 40052, and 41822, to assure that the county's and regional agency's waste management practices  remains consistent with the hierarchy of waste management practices defined in Public Resources Code, section 40051.
(1) Prior to the fifth anniversary of Board approval of the CIWMP or RAIWMP, the LTF shall submit written comments on areas of the CIWMP or RAIWMP which require revision, if any, to the county or regional agency and the Board.
(2) Within 45 days of receiving LTF comments, the county or regional agency shall determine if a revision is necessary, and notify the LTF and the Board of its findings in a CIWMP or RAIWMP Review Report.
(3) When preparing the CIWMP or RAIWMP Review Report the county or regional agency shall address at least the following:
(A) changes in demographics in the county or regional agency;
(B) changes in quantities of waste within the county or regional agency;
(C) changes in funding sources for administration of the Siting Element and Summary Plan;
(D) changes in administrative responsibilities;
(E) programs that were scheduled to be implemented but were not, a statement as to why they were not implemented, the progress of programs that were implemented, a statement as to whether programs are meeting their goals, and if not what contingency measures are being enacted to ensure compliance with Public Resources Code section 41751;
(F) changes in permitted disposal capacity, and quantities of waste disposed of in the county or regional agency;
(G) changes in available markets for recyclable materials; and
(H) changes in the implementation schedule.
(4) Within 90 days of receipt of the CIWMP or RAIWMP Review Report, the Board shall review the county's or regional agency's findings, and at a public hearing, approve or disapprove the county's or regional agency's findings. Within 30 days of its action, the Board shall send a copy of its resolution, approving or disapproving the county's or regional agency's findings, to the LTF and the county or regional agency. If the Board has identified additional areas that require revision, the Board shall identify those areas in its resolution.
(b) CIWMP or RAIWMP Revision. If a revision is necessary the county or regional agency shall submit a CIWMP or RAIWMP revision schedule to the Board.
(1) The county or regional agency shall revise the CIWMP or RAIWMP in the areas noted as deficient in the CIWMP or RAIWMP Review Report and/or as identified by the Board.
(2) The county or regional agency shall revise and resubmit its CIWMP or RAIWMP pursuant to the requirements of sections 18780 through 18784 of this article.
(c) The county shall submit all revisions of its CIWMP to the Board for approval. The revised CIWMP shall be reviewed pursuant to the requirements of sections 18784 through 18786 of this article.
(d) The regional agency shall submit all revisions of its RAIWMP to the Board for approval. The revised RAIWMP shall be reviewed pursuant to the requirements of sections 18784 through 18786 of this article.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40051, 40052, 41750, 41760, 41770, and 41822, Public Resources Code.
HISTORY

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of section, renumbering of prior subsection (b) to subsection (a)(3), new subsection (b) and amendment of section heading, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading and subsections (a)-(a)(3)(G), new subsection (a)(3)(H), amendment of subsections (a)(4)-(b)(2), new subsections (c)-(d) and amendment of Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§18789. Board Approval of the Plan Revision.
Note     •     History

NOTE

Authority cited: Sections 40502 and 41824, Public Resources Code; and Section 15376, Government Code. Reference: Sections 41790, 41800, 41801, 41810 and 41822, Public Resources Code.
HISTORY

1. Certificate of Compliance as to 2-19-91 order, including repeal of prior section 18789 and amendment and renumbering of prior section 18790 to section 18789, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37). For prior history, see Register 91, No. 13.
2. Repealer filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§18790. Resubmittal of a Deficient Plan Revision.
Note     •     History

NOTE

Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41790, 41810, 41811, 41812 and 41813, Public Resources Code.
HISTORY

1. Certificate of Compliance as to 2-15-91 order, including amendment and renumbering of prior section 18791 to section 18790, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37). For prior history, see Register 91, No. 13.
2. Repealer filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§18791. Resubmittal of a Deficient Plan Revision.
Note     •     History

NOTE

Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41790, 41810, 41811, 41812 and 41813, Public Resources Code.
HISTORY

1. Certificate of Compliance as to 2-15-91 order, including amendment and renumbering of prior section 18791 to section 18790, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37). For prior history, see Register 91, No. 13. 
Article 9.0. Annual Report Regulations
§18794.0. General Requirements and Due Dates.
Note     •     History

(a) Each jurisdiction shall submit an annual report that discusses the progress achieved in implementing the programs and/or facilities described in a jurisdiction's Planning Documents. Planning Documents include the Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element (HHWE), Nondisposal Facility Element (NDFE), Siting Element (SE), Summary Plan, or Petition for Reduction.
(b) The annual report shall also discuss the progress a jurisdiction has made in achieving the disposal reduction goals required by Public Resources Code (PRC) section 41780.
(c) A jurisdiction includes a City, County, City and County, or Regional Agency, as defined in Section 18801.
(d) The annual report will serve as a basis for determining if any of the Planning Documents need to be revised to reflect new or changed local and regional solid waste management programs, facilities, and other conditions, as well as to determine compliance with the mandated disposal reduction goals.
(e) Jurisdictions shall submit the annual report as follows:
(1) Jurisdictions with Planning Documents approved or conditionally approved prior to January 1, 1996, shall submit their first annual report on these approved documents by August 1, 1996.
(2) Jurisdictions that did not have any Planning Documents approved or conditionally approved prior to January 1, 1996 shall submit their first annual report by August 1 of the year following Board-approval or conditional approval of a Planning Document.
(3) Jurisdictions shall submit subsequent annual reports every August 1 thereafter, that address all of a jurisdiction's Planning Documents that have been approved or conditionally approved by the Board either during, or prior to, the previous calendar year.
(f) Jurisdictions shall submit three copies of the annual report.
(g) If a jurisdiction includes information on disaster wastes in its annual report, “disaster” shall mean a natural catastrophe such as an earthquake, fire, flood, landslide, or volcanic eruption, or, regardless of cause, any explosion, fire, or flood. In order to be considered a disaster, a local emergency or a state of emergency shall have been duly proclaimed.
(h)(1) For the purposes of this Article, “district” means a community service district that provides solid waste handling services or implements source reduction and recycling programs. Commencing on July 1, 2001, a “district” also includes a sanitary district that provides solid waste handling services or implements source reduction and recycling programs.
(2) Each district shall provide the city, county, or regional agency in which it is located, information on the programs implemented by the district and the amount of waste disposed and diverted within the district.
(3) This information shall be supplied to the city, county, or regional agency so that it may be incorporated into the annual report.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40050, 40051, 40052, 40901, 41000, 41300, 41500, 41510, 41700, 41730, 41731, 41750, 41750.1, 41751, 41780, 41801.5, 41821, 41821.2 and 41850, Public Resources Code.
HISTORY

1. New article 9.0 (sections 18794.0-18794.6) and section filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
2. New article 9.0 (sections 18794.0-18794.6) and section refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-25-96 order, including amendment of subsection (g) and Note,  transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
4. Change without regulatory effect adding subsections (h)(1)-(3) filed 8-25-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 34).
5. Change without regulatory effect amending subsection (h)(1) and amending Note filed 6-26-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
§18794.1. Goal Achievement Calculations.
Note     •     History

(a) A jurisdiction's annual report shall include the calculations described in this Section to measure achievement of the disposal reduction requirements of PRC section 41780. The diagram below shows the sequence of the calculations.

Measuring Goal Achievement

View Graphic

* Where X% is normally 0.75 for years 1995 to 1999, and 0.50 for year 2000, unless a jurisdiction has a Board-approved disposal reduction goal.
(b) Step 1. A jurisdiction shall first adjust its Board-approved base-year generation amount, as required in Section 18797.3. This adjustment yields the estimated reporting year generation amount.
(c) Step 2. A jurisdiction shall next calculate its maximum allowable disposal tonnage, as follows:
(1) A jurisdiction without a Board-approved petition for reduction in the goal shall multiply its estimated reporting year generation amount by 0.75 (75%) for the years 1995 through 1999, and by 0.50 (50%) for the year 2000 and beyond.
(2) A jurisdiction with a Board-approved petition for reduction in the goal, except for a jurisdiction that is a region as described in (3) below, shall multiply its estimated reporting year generation amount by the difference between 100% and the reduced goal. For example, if the reduced goal for 1995 is 15%, then the estimated reporting year generation amount would be multiplied by 85% (100% - 15% = 85%).
(3) A region that has at least one member agency that has a Board-approved petition for reduction in the goal, but does not have a reduced goal for the region as a whole, shall calculate its maximum allowable disposal as specified in PRC Section 41787.2.
(d) Step 3. A jurisdiction shall next deduct any tonnages from the reporting year disposal tonnage calculated pursuant to Section 18813 which it is authorized to subtract because:
(1) it meets the criteria in PRC section 41782 for claiming a reduction in its disposal tonnage because of a regional diversion facility, or regional medical waste treatment facility; and/or
(2) it has disposed of additional amounts of solid waste as a result of a disaster.
These deductions yield the corrected reporting year disposal tonnages.
(e) Step 4. A jurisdiction shall then compare its maximum allowable disposal tonnage (from Step 2) to its corrected reporting year disposal tonnage (from Step 3). The goal has been met if the maximum allowable tonnage is greater than or equal to the corrected reporting year disposal tonnage.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41780.1, 41780.2, 41781, 41782, 41787.2, 41821, 41821.5 and 41850, Public Resources Code.
HISTORY

1. New section filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsections (c), (c)(2) and (e) (Register 96, No. 39).
3. New section refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-25-96 order, including amendment of subsections (d)(1) and (d)(2), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
5. Change without regulatory effect amending subsection (c)(1) filed 6-26-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
§18794.2. Reporting Requirements for Calculations.
Note     •     History

(a) Jurisdictions who were incorporated prior to January 1, 1995 and who submit their first annual report in 1997 or later, shall include their disposal reduction calculations for 1995, in addition to their disposal reduction calculations for the current reporting year.
(b) The information used for calculating the adjustment in Section 18794.1(b) above, shall be included in a jurisdiction's annual report to the Board.
(c) If a jurisdiction is a member of a Regional Agency, then a single combined report of the information shall be made for all the members of the Regional Agency.
(d) The annual report shall include the information listed below for the calculated adjustment:
(1) Name of all jurisdictions included in the report
(2) For the jurisdiction's base-year:
(A) base-year
(B) population factor number and data source used
(C) employment factor number and data source used
(D) uncorrected taxable sales factor number and data source used
(E) consumer price index number and data source used
(F) residential generation tonnage amount
(G) non-residential generation tonnage amount.
(3) For the jurisdiction's reporting-year:
(A) reporting-year
(B) population factor number and data source used
(C) employment factor number and data source used
(D) uncorrected taxable sales factor number and data source used
(E) consumer price index factor number and data source used
(F) a copy of all interim calculations used to reach the adjusted base-year tonnage amount
(G) estimated reporting-year generation as calculated using the equations in Section 18797.3.
(e) In addition to the information required by this Section, a jurisdiction may also submit in its annual report any other information it wishes the Board to consider relating to the base-year waste generation tonnage amounts, adjustment factors, or calculations. The additional information may include a discussion of why the adjustment method as described in Section 18797.3 may not fully represent a jurisdiction's local conditions, and what additional adjustments would be needed.
(f) If a jurisdiction made an adjustment in its reporting year disposal tonnages because of a regional medical waste treatment facility or regional diversion facility located within its borders, it shall provide the Board with documentation demonstrating it meets the criteria specified in PRC section 41782 for making such an adjustment.
(g) If a jurisdiction made an adjustment in its reporting year disposal tonnages because of a disaster, it shall provide the Board with documentation demonstrating that:
(1) the tonnages subtracted resulted from the disaster;
(2) the jurisdiction implemented to the extent feasible, diversion programs to maximize diversion through reuse, recycling, or composting of disaster-related solid waste; and,
(3) the tonnages subtracted are consistent with the additional tonnages reported by the facilities where the solid waste was disposed.
(h) A jurisdiction may also provide additional information related to the tons of waste disposed in California including “host-assigned” waste as described in Sections 18809, 18810, and 18811, or exported from California. The jurisdiction shall describe how this additional information was obtained.
(i) If a jurisdiction's calculations as described in Section 18794.1 above, show its disposal reduction goal has not been met, then a jurisdiction shall discuss in its annual report what possible problems may have prevented it from reaching its goal. Problems may include, but are not limited to:
(1) base-year innaccuracies;
(2) disposal reporting problems;
(3) changes in a jurisdiction's waste stream beyond the jurisdiction's control; or
(4) changes in the overall waste management system that may hinder achievement of the disposal reduction goals.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41780.1, 41782, 41813, 41821, 41821.5 and 41850, Public Resources Code.
HISTORY

1. New section filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsections (d)(2)(D), (d)(3)(A)-(B), (e) and (h) (Register 96, No. 39).
3. New section refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of subsections (d)(3)(G) and (i) (Register 97, No. 3).
5. Certificate of Compliance as to 9-25-96 order, including amendment of subsections (d)(1), (d)(2), (d)(3) and (i)(1)-(4), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
6. Editorial correction of History 5 (Register 97, No. 15).
§18794.3. SRRE/NDFE and HHWE Implementation.
Note     •     History

(a) SRRE/NDFE Annual Report Requirements. Each jurisdiction shall monitor its reduction of solid waste and summarize in the annual report its progress toward achieving the mandated disposal reduction goals identified in PRC section 41780. The information provided will serve as a basis for determining whether a revision of a SRRE is needed. The SRRE/NDFE section of the annual report shall address at least the following:
(1) Implementation status of selected programs;
(2) If any selected programs were not implemented, provide an explanation;
(3) Contingency programs or other measures that have been, or will be, implemented to help achieve the disposal reduction goals;
(4) Changes to selected programs, implementation schedules, or funding sources;
(5) Efforts made to inform the public of selected programs and facilities, and to increase public participation;
(6) Any barriers that may prevent achivement of the disposal reduction goals;
(7) Any changes in the use of nondisposal facilities, both existing or planned;
(8) If a jurisdiction's calculations show its disposal reduction goal has not been met, then a jurisdiction may include an expanded discussion on items 1 through 7 above;
(9) Quantities and types of waste diverted through recycling and composting programs directly funded or operated by the jurisdiction including, but not limited to, contracts or franchises;
(10) If a jurisdiction funds or operates a program through contracts or franchises and the agreement does not contain program monitoring and reporting requirements providing the information required by (9) above, the jurisdiction may include this information at the time of the contract or franchise agreement renewal, or at the jurisdiction's five year revision, whichever comes first;
(11) The adequacy of, or the need to revise, the Solid Waste Generation Study or any other Component of the SRRE; and
(12) If a jurisdiction determines that a revision of the SRRE is necessary, the annual report shall contain a timetable for making the necessary revisions.
(b) HHWE Annual Report Requirements. Each jurisdiction shall summarize in the annual report its progress toward reducing or eliminating household hazardous waste (HHW). The information provided will serve as a basis for determining whether a revision of a HHWE is needed. The HHWE section in the annual report shall address at least the following:
(1) Implementation status of selected programs;
(2) An explanation why any selected programs were not implemented;
(3) An explanation why any programs that were implemented did not achieve expected reduction of HHW disposal;
(4) Contingency programs or measures that have been or will be implemented to increase efforts or effectiveness in achieving reduction or elimination of HHW disposal;
(5) Changes to selected programs, implementation schedules, or funding sources;
(6) Efforts made to inform the public of HHW collection events or facilities;
(7) Any barriers that may prevent the reduction or elimination of HHW disposal;
(8) The adequacy of, or the need to revise, the HHWE; and
(9) If a jurisdiction determines that a revision of the HHWE is necessary, the annual report shall contain a timetable for making the necessary revisions.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40901, 40973, 41000, 41032, 41033, 41300, 41500, 41510, 41780, 41787, 41787.1, 41787.2, 41802 and 41821, Public Resources Code.
HISTORY

1. New section filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (a)(10) (Register 96, No. 39).
3. New section refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of subsection (a) (Register 97, No. 3).
5. Certificate of Compliance as to 9-25-96 order, including amendment of subsections (a)(2), (a)(3), (a)(7), (a)(11) and (a)(12), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§18794.4. Siting Element and Summary Plan Status.
Note     •     History

(a) Each county or regional agency shall include in its annual report a discussion on the status of its Siting Element and Summary Plan. The information provided shall serve as a basis for determining if the Siting Element and/or Summary Plan should be revised.
(b) The Siting Element section in the annual report shall address at least the following:
(1) Any changes in the remaining disposal capacity description provided pursuant to Section 18755.5 since the Siting Element was adopted;
(2) Whether the county or regional agency has maintained, or has a strategy which provides for the maintenance of, 15 years of disposal capacity;
(3) The adequacy of, or the need to revise, the Siting Element; and
(4) If a jurisdiction determines that a revision of the Siting Element is necessary, the annual report shall contain a timetable for making the necessary revisions.
(c) The Summary Plan section in the annual report shall address at least the following:
(1) Any changes in the financing of countywide or regional programs and/or facilities and why these changes occurred;
(2) Whether new cities within the county or regional agency have incorporated since the adoption of the Summary Plan. For each new city, the city's name, date of incorporation, and population at time of incorporation shall be provided; and
(3) If a jurisdiction determines that a revision of the Summary Plan is necessary, the annual report shall contain a timetable for making the necessary revisions.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40051, 40052, 40703, 41701, 41721, 41721.5, 41751, 41770 and 41821, Public Resources Code.
HISTORY

1. New section filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (c)(2) (Register 96, No. 39).
3. New section refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-25-96 order, including new subsection (b)(1), subsection renumbering, and amendment of subsection (c)(3), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§18794.5. Status of Qualifying Conditions for Board-approved Petitions for Reduction.
Note     •     History

(a) Jurisdictions with a Board-approved petition for reduction shall address the following in their annual reports:
(1) Whether the jurisdiction still qualifies to petition for the reduction as discussed in Section 18775(a);
(2) Whether the reduction is still needed, based on the Board-approved petition and items addressed in Section 18775(c).
(b) The Board may, upon review of the annual report, find that a revision or revocation of the reduction is necessary. The Board shall present any such findings at a public hearing.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 40973, 41787, 41787.1, 41802 and 41821, Public Resources Code.
HISTORY

1. New section filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§18794.6. Addressing an Area-of-Concern, or Conditionally Approved Planning Documents.
Note     •     History

(a) Reporting Requirements for Areas-of-Concern. Each jurisdiction with a Planning Document for which the Board identified an area-of-concern at the time it was approved or conditionally approved, may address the concern in its annual report. Once the concern has been adequately addressed by the jurisdiction, it no longer needs to be addressed in subsequent annual reports. If a jurisdiction does not adequately address an area of concern in the annual report, the Board may consider it during its biennial review pursuant to PRC section 41825.
(b) Reporting Requirements for Conditional Approvals. Each jurisdiction with a Planning Document that was conditionally approved by the Board shall discuss how it has met the conditions in its annual report. The conditions are listed in the Resolution in which the Board conditionally approved the planning document. The Resolution is attached to the Notification letter sent to a jurisdiction pursuant to PRC section 41810. Once the conditions have been adequately addressed, they no longer need to be addressed in subsequent annual reports.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41801.5, 41802, 41810 and 41821, Public Resources Code.
HISTORY

1. New section filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (b) (Register 96, No. 39).
3. New section refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-25-96 order, including amendment of subsection (b), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
Article 9.1. Adjustment Method for Calculating Changes in Waste Generation Tonnage
§18797.0. Scope and Purpose.
Note     •     History

(a) The primary purpose of this Article is to implement section 41780.1(c) of the Public Resources Code.
(b) The adjustment method described in this Article has been selected by the Board as the standard method that shall be used to adjust the base-year generation tonnage amount. The resulting adjusted base-year generation tonnage number is an estimate of the generation tonnage in the reporting-year. This number will be used to calculate a jurisdiction's maximum allowable disposal amount, pursuant to section 18794.1(c).
NOTE

Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
HISTORY

1. Renumbering of former article 9.3 (sections 18827-18831) to article 9.1 (sections 18797.0-18797.4) and renumbering of former section 18827 to section 18797.0 filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former article 9.3 (sections 18827-18831) to article 9.1 (sections 18797.0-18797.4) and renumbering of former section 18827 to section 18797.0 refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-25-96 order, including amendment of subsection (b), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
4. Amendment filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18797.1. Definitions.
Note     •     History

(a) For the purposes of this Article, the following terms have the meanings given below. 
(1) “Adjustment Factors” means population, employment, taxable sales, and inflation numbers as used in the adjustment method. 
(2) “Adjustment Method” means the method approved by the Board for jurisdictions to use in adjusting their base-year generation tonnage to account for changes in population, employment, taxable sales, and inflation occurring between the base-year and the reporting-year as described in this Article. 
(3) “Base-Year Generation” means the combined base-year tonnage amount of disposed and diverted wastes, as approved by the Board pursuant to section 41801 of the Public Resources Code. 
(4) “Industry Employment” means employment by place of work. 
(5) “Jurisdiction” means a city, unincorporated county, city and county, or regional agency with responsibility for waste management. This definition is in addition to the definition found in section 18720(a)(33). 
(6) “Labor Force Employment” means employment by place of residence. 
(7) “Non-Residential Solid Waste” means all solid waste other than residential solid waste, including self-haul waste from non-residential sources. 
(8) “Region” means an entity formed pursuant to sections 40970 through 40975 of the Public Resources Code. This definition supersedes the definition found in section 18720(a)(57). 
(9) “Reporting-Year Generation” means the estimate of a jurisdiction's combined tonnage of disposed and diverted wastes for any calendar year following the base-year. The reporting-year generation estimate is derived by using the adjustment method set forth in this Article to adjust the base-year generation tonnage amount. 
(10) “Residential Solid Waste” means all solid waste originating from single-family and multi-family dwellings, including self-haul wastes from residential sources. This definition is in addition to the definition in section 18720(a)(59). 
NOTE

Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
HISTORY

1. Renumbering of former section 18828 to 18797.1 filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 18828 to section 18797.1 refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
4. Repealer of subsections (a)(1)-(8) and new subsections (a)(1)-(10) filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18797.2. Adjustment Factor Sources.
Note     •     History

A jurisdiction shall perform the adjustment method using adjustment factor sources as follows:
(a) A jurisdiction shall use the following sources for factor numbers for any given calendar year:
(1) Employment as reported by the California Employment Development Department:
· countywide labor force employment, or 
· countywide industry employment, or 
· countywide industry employment for the non-residential adjustment factor, and countywide labor force employment for the residential adjustment factor. 
(2) Population as reported by the California Department of Finance:
· countywide population, or 
· jurisdiction population. 
(3) Inflation as represented by the Consumer Price Index reported by the California Department of Industrial Relations:
· statewide Consumer Price Index, or 
· metropolitan area Consumer Price Index. 
(4) Taxable Sales as reported by the California State Board of Equalization:
· countywide Taxable Sales, or 
· jurisdiction Taxable Sales. 
(b) Notwithstanding subdivision (a) of this section, if a jurisdiction believes that any of the adjustment factor numbers do not validly represent the jurisdiction's population and/or economy, a jurisdiction may instead perform the adjustment method using one or more countywide or jurisdiction factor numbers from other sources, if the following conditions are met:
(1) A jurisdiction shall select a scientifically reliable, third party source for each of the jurisdiction-supplied adjustment factor numbers used. Possible sources include, but are not limited to, studies by the U.S. Census, State Agencies, Regional Councils of Government, Municipal Chambers of Commerce, accredited Universities or Colleges, or professionally recognized consultants in the field of economics, geography, or demographics. A jurisdiction shall submit a copy of each source document used to the Board at the time of the annual report.
(2) For each factor, the jurisdiction shall use the same source for both the base-year factor number and the reporting-year factor number when performing the calculations. If a base-year factor number for employment is not available, and the factor number for the year following the base-year reflects increased or no employment growth since the base-year, then the factor number for the year following the base-year may be used for the base-year factor number. A jurisdiction shall substantiate increased or no employment growth since the base-year with corroborative data from at least one scientifically reliable, third party source as described in subdivision (b)(1) of this section. A jurisdiction shall submit a copy of each source document used for the corroborative data to the Board at the time of the annual report. 
(3) Board approval of the use of alternative sources. In reviewing alternative sources, the Board shall consider any jurisdiction-supplied adjustment factor numbers and sources to determine if they meet the requirements of subdivisions (b)(1) and (b)(2) of this section. If the Board disapproves any adjustment factor numbers and/or sources, a jurisdiction may choose other factor numbers and/or sources for Board consideration.
NOTE

Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
HISTORY

1. Renumbering of former section 18829 to section 18797.2 filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 18829 to section 18797.2 refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction restoring inadvertently omitted subsection (a)(2) (Register 97, No. 3).
4. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
5. Amendment filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18797.3. Adjustment Method Calculation.
Note     •     History

(a) If a jurisdiction is a region, then the tonnage amounts, and adjustment factor number for all cities and unincorporated counties included in the region's regional agreement, shall be summed before calculating the single adjustment for the region's base-year generation.
(b) Before calculating the adjustment, a jurisdiction shall separate the base-year generation tonnage by source into residential and non-residential amounts. If a jurisdiction cannot derive the actual residential and non-residential amounts from its records, the jurisdiction may make a best estimate of how much of their base-year generation is from residential sources and how much is from non-residential sources.
(c) When calculating the values in subdivision (e) of this section, and calculating the adjusted base-year generation tonnage in subdivision (f) of this section, a jurisdiction shall use the values defined below:

	RWGB	=	Base-Year Residential Waste Generation in Tons

	NRWGB	=	Base-Year Non-Residential Waste Generation in Tons

	PR	=	Reporting-Year Population in Persons

	PB	=	Base-Year Population in Persons

	ERLF	=	Reporting-Year Labor Force Employment in Jobs

	ERIN 	=	Reporting-Year Industry Employment in Jobs 

	EBLF	=	Base-Year Labor Force Employment in Jobs

	EBIN 	=	Base-Year Industry Employment in Jobs 

	TR	=	Reporting-Year Taxable Sales in Dollars
	TB	=	Base-Year Taxable Sales in Dollars

	CPIR	=	Reporting-Year Consumer Price Index
	CPIB	=	Base-Year Consumer Price Index
	
For example, in the hypothetical jurisdiction of “Surfcity”:

	RWGB	=	15,000 tons

	NRWGB	=	20,000 tons

	PR	=	12,000 persons

	PB	=	10,000 persons

	ERLF	=	6,000 jobs

	EBLF	=	5,500 jobs

	TR	=	3,100,000 dollars
	TB	=	3,000,000 dollars

	CPIR	=	154.0
	CPIB	=	130.7
	
(d) Before calculating values other than those described in section 18797.2(b) for the equations in subdivision (e) of this section, a jurisdiction shall select one of three countywide employment factor number sets: 
(1) Labor force employment for calculating the non-residential adjustment factor and the residential adjustment factor; or 
(2) Industry employment for calculating the non-residential adjustment factor and the residential adjustment factor, or 
(3) Industry employment for calculating the non-residential adjustment factor and labor force employment for calculating the residential adjustment factor. 
(e) Before performing the adjustment calculation, a jurisdiction shall calculate values for the four equations below:

View Graphic
(f) Using the variables defined in subdivisions (c) and (e) of this section, a jurisdiction shall calculate the adjusted base-year generation tonnage using the equation below:

View Graphic
NOTE

Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
HISTORY

1. Renumbering of former section 18830 to section 18797.3 filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 18830 to section 18797.3 refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of subsection (a) (Register 97, No. 3).
4. Certificate of Compliance as to 9-25-96 order, including amendment of subsections (d)(1)-(e), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
5. Amendment filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18797.4. Reporting Requirements.
Note     •     History

NOTE

Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
HISTORY

1. Renumbering and repealer of subsections (b)-(d) of former section 18831 to section 18797.4 filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
2. Renumbering and repealer of subsections (b)-(d) of former section 18831, including repealer of subsection (a) designator, to section 18797.4 refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-25-96 order, including repealer of section, transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
Article 9.2. Disposal Reporting System
§18800. Scope and Purpose.
Note     •     History

(a) This Article implements sections 41821.5 and 41821.2 of the Public Resources Code.
(b) Each jurisdiction in California must adopt a Source Reduction and Recycling Element showing how it will meet the diversion goals in section 41780 of the Public Resources Code. Diversion goal achievement is one of the factors that the Board will consider in its biennial review of Source Reduction and Recycling Element implementation pursuant to section 41825 of the Public Resources Code. To determine if it has met the goals, a jurisdiction will need to calculate how much solid waste it has disposed. The Disposal Reporting System in this Article shall be used to estimate the amount of disposal from each jurisdiction. The amount of disposal shall be compared to the maximum disposal tonnages calculated in section 18794.1 of Article 9.0.
(c) Nothing in this Article shall prevent an agency, district, or a jurisdiction from requiring haulers or operators to supply additional disposal information based upon their own authority to impose requirements on haulers or operators.
(d) Sections 18802, 18803, 18805, 18806, and 18807 of this Article are repealed. The content of the repealed sections has been modified and reorganized to provide information by type of entity in individual sections as follows: 
(1) Hauler: Section 18808. 
(A) Section 18808.4: Hauler Records: Retention, Access, and Investigations 
(B) Section 18808.5: Identifying Jurisdiction of Origin 
(C) Section 18808.6: Frequency of Origin Surveys 
(D) Section 18808.8: Applicability of Alternative Reporting Systems 
(E) Section 18808.10: Export Reporting Due Dates for a Public Contract Hauler 
(2) Station: Section 18809. 
(A) Section 18809.4: Station Records: Retention, Access, and Investigations 
(B) Section 18809.5: Identifying Jurisdiction of Origin 
(C) Section 18809.6: Frequency of Origin Surveys 
(D) Section 18809.8: Applicability of Alternative Reporting Systems 
(E) Section 18809.10: Disposal Reporting Due Dates for a Station 
(3) Landfill: Section 18810. 
(A) Section 18810.4: Landfill Records: Retention, Access, and Investigations 
(B) Section 18810.5: Identifying Jurisdiction of Origin 
(C) Section 18810.6: Frequency of Origin Surveys 
(D) Section 18810.8: Applicability of Alternative Reporting Systems 
(E) Section 18810.10: Disposal Reporting Due Dates for a Landfill 
(4) Transformation Facility: Section 18811. 
(A) Section 18811.4: Transformation Facility Records: Retention, Access, and Investigations 
(B) Section 18811.5: Identifying Jurisdiction of Origin 
(C) Section 18811.6: Frequency of Origin Surveys 
(D) Section 18811.8: Applicability of Alternative Reporting Systems 
(E) Section 18811.10: Disposal Reporting Due Dates for a Transformation Facility 
(5) Agency: Section 18812. 
(A) Section 18812.4: Agency Records: Retention, Access, and Investigations 
(B) Section 18812.5: Identifying Jurisdiction of Origin 
(C) Section 18812.6: Frequency of Origin Surveys 
(D) Section 18812.8: Applicability of Alternative Reporting Systems 
(E) Section 18812.10: Disposal Reporting Due Dates for an Agency 
(6) Jurisdiction: Section 18813. 
(A) Section 18813.4: Jurisdiction Records: Retention, Access, and Investigations 
(B) Section 18813.5: Identifying Jurisdiction of Origin 
(C) Section 18813.6: Frequency of Origin Surveys 
(D) Section 18813.8: Applicability of Alternative Reporting Systems 
(E) Section 18813.10: Disposal Reporting Due Date Information 
(7) District: Section 18814. 
(A) Section 18814.4: District Records: Retention, Access, and Investigations 
(B) Section 18814.5: Identifying Jurisdiction of Origin 
(C) Section 18814.6: Frequency of Origin Surveys 
(D) Section 18814.8: Applicability of Alternative Reporting Systems 
(E) Section 18814.10: Disposal Reporting Due Dates for a District 
(e) Sections 18809.2(b), 18809.6(b), 18810.2(b), 18810.6(b), and 18811.6(b) of this Article contain provisions for facilities located in rural cities and counties. Rural cities and counties are defined in sections 40183 and 40184 of the Public Resources Code. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code.
HISTORY

1. New Article 9.0 (sections 18800-18813) and section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. Renumbering of former article 9.0 (sections 18800-18813) to article 9.2 (sections 18800-18813) and amendment of subsection (b) filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of subsection (b) (Register 96, No. 39).
4. Renumbering of former article 9.0 (sections 18800-18813) to article 9.2 (sections 18800-18813 and amendment of subsection (b) refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
6. Change without regulatory effect amending subsection (a) and adding subsection (d) filed 8-25-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 34).
7. Change without regulatory effect amending subsection (d) and amending Note filed 6-26-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
8. Amendment filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18801. Definitions.
Note     •     History

(a) For the purposes of this Article, the following terms have the meanings given below.
(1) “Agency” means the local agency responsible for compiling the disposal information from haulers and operators. The county is the agency, unless a region is given the responsibility as part of a regional agreement.
(2) “Airspace utilization factor” (AUF) (tons of waste per cubic yard of landfill airspace) means the effective density of waste material in the landfill. The AUF is recorded as the total weight of waste material passing over the landfill scales that is placed in a known volume of landfill airspace in a given time period. The waste portion of the AUF should include only waste material for which payment of fees to the Board is reported. 
(3) “Alternative daily cover” has the same meaning as in section 20690 of Title 27 of the California Code of Regulations. 
(4) “Alternative intermediate cover” has the same meaning as in section 20700 of Title 27 of the California Code of Regulations. 
(5) “Beneficial reuse” has the same meaning as in section 20686 of Title 27 of the California Code of Regulations. 
(6) “Board” means the California Integrated Waste Management Board. 
(7) “Construction and Demolition (C&D) Debris” has the same meaning as in section 17381(e) of Title 14 of the California Code of Regulations. 
(8) “Designated waste” has the same meaning as defined in section 13173 of the California Water Code. 
(9) “Disaster waste” has the same meaning as “disaster debris” in section 17210.1(d) in Title 14 of the California Code of Regulations. 
(10) “Dispatcher” means a person who sends a public contract hauler on a specific route or to specific locations to collect solid waste for delivery to a solid waste facility. A “dispatcher” keeps records on the locations to which haulers are sent to collect and deliver waste. 
(11) “District” means a community service district established in accordance with Government Code section 61000 et seq., that provides solid waste handling services or implements source reduction and recycling programs. “District” also includes a sanitary district or a public utility district that provides solid waste handling services or implements source reduction and recycling programs. 
(12) “Export from California” means export outside the boundaries of the State of California or to Indian country within the boundaries of the State of California, as defined in section 1151 of Title 18 of the United States Code. 
(13) “Facility” means a permitted solid waste facility, as defined in section 18720(a)(51) of the California Code of Regulations. “Facility” includes, but is not limited to transfer stations, landfills, and transformation facilities. 
(14) “Gatehouse attendant” means a person who processes deliveries from haulers transporting solid waste to a facility and who may be responsible for obtaining jurisdiction of origin information. 
(15) “Hauler” means a person who collects solid waste from a solid waste generator, or collects his or her own waste, and transports the waste to a solid waste facility. “Hauler” includes a public contract hauler. “Hauler” does not include a person who transports solid waste from a station to another facility. 
(16) “Host jurisdiction” means a jurisdiction in which a permitted solid waste facility is located. 
(17) “Import from outside California” means import of waste from outside the boundaries of the State of California or from Indian country within the boundaries of the State of California, as defined in section 1151 of Title 18 of the United States Code. 
(18) “In-place waste density” (pounds of waste per cubic yard of waste) means the estimated or measured density of in-place waste material achieved by mechanical or other means in the development of the current lift of the current operating waste cell. 
(19) “Inert debris” has the same meaning as in section 17381(k) of Title 14 of the California Code of Regulations. 
(20) “Jurisdiction” means a city, county, city and county, or regional agency with responsibility for waste management. This definition is in addition to the definition found in section 18720(a)(33). 
(21) “Load” means the solid waste delivered to a solid waste facility in a single vehicle at one time. 
(22) “Operator” means a person who operates a permitted solid waste facility. 
(23) “Origin survey” or “survey” means a method for determining the jurisdiction(s) of origin for solid waste delivered to a facility. 
(24) “Public contract hauler” means a person who charges for or is paid for collecting solid waste from a solid waste generator and transporting the waste to a solid waste facility. A person involved in a solid waste enterprise or solid waste handling services as defined in sections 49504 and 49505 of the Public Resources Code respectively, and a person who is a franchise hauler meet the definition of a public contract hauler. A “public contract hauler” may collect solid waste from residential, commercial, industrial, or other generators. 
(25) “Quarter” means one of the following four three-month periods in a calendar year: The first quarter begins January 1 and ends March 31. The second quarter begins April 1 and ends June 30. The third quarter begins July 1 and ends September 30. The fourth quarter begins October 1 and ends December 31. 
(26) “Region” means an entity formed pursuant to sections 40970 through 40975 of the Public Resources Code. This definition supersedes the definition found in section 18720(a)(57) of the California Code of Regulations for the purposes of this Article. 
(27) “Soil” includes clean or contaminated soil. 
(A) “Clean (or noncontaminated) soil” means soil that does not contain other materials, or is below designated concentrations of contamination for other materials as allowed pursuant to section 13173 of the California Water Code. 
(B) “Contaminated soil” means soil that: 
(i) contains designated or nonhazardous concentrations, as set forth in Title 23, Chapter 15, Article 1, section 2510 et seq. of the California Code of Regulations, of petroleum hydrocarbons, such as gasoline and its components (benzene, toluene, xylene, and ethylbenzene), diesel and its components (benzene), virgin oil, motor oil, or aviation fuel, and lead as an associated metal; and 
(ii) has been determined pursuant to section 13263(a) of the Water Code to be a waste that requires regulation by the Regional Water Quality Control Board or Local Oversight Agency. 
(28) “Solid waste” or “waste” has the same meaning as defined in section 40191 of the Public Resources Code. 
(29) “Station” means a permitted solid waste facility utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport. “Station” includes permitted transfer or processing stations or facilities, and permitted materials recovery facilities. “Station” does not include permitted transformation facilities or landfills. 
(30) “Track” means to collect origin information and determine tonnage for loads of waste delivered to a facility and to maintain a record of the origin and tonnage information. Data tracked during a quarter is used to compile quarterly reports. 
(31) “Waste-to-cover ratio” (estimated) (volume:volume) means the unit-less expression of the proportion of the volumes of waste and cover that comprise a volume of compacted fill material, e.g. 4:1. The cover portion of the waste-to-cover ratio estimate should include only soil or approved daily or intermediate alternative cover that is not considered a waste material, i.e., payment of fees to the Board is not required. The waste portion of the waste-to-cover ratio estimate should include only waste material for which payment of fees to the Board is reported. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code.
HISTORY

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. Amendment of subsection (a)(2) filed 6-19-95; operative 6-19-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 25).
3. Change without regulatory effect adding subsection (a)(4) and renumbering subsections filed 8-25-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 34).
4. Change without regulatory effect amending subsection (a)(1) and amending Note filed 6-26-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
5. Amendment filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18801.1. Use of Soil for Alternative Daily Cover, Alternative Intermediate Cover, or Beneficial Reuse.
Note     •     History

(a) Alternative daily cover does not include the use of clean or contaminated soil segregated prior to receipt by a landfill; however, loads of materials used for alternative daily cover may include small amounts of soil (such as found in construction and demolition waste loads). For the purpose of this Article, amounts of alternative daily cover shall be reported separately from amounts of alternative intermediate cover and from amounts of other beneficial on-site reuse. 
(b) Alternative intermediate cover does not include the use of clean or contaminated soil segregated prior to receipt by a landfill; however, loads of materials used for alternative intermediate cover may include small amounts of soil (such as found in construction and demolition waste loads). For the purpose of this Article, amounts of alternative intermediate cover shall be reported separately from amounts of alternative daily cover and from amounts of other beneficial on-site reuse. 
(c) Beneficial reuse does not include the use of clean or contaminated soil segregated prior to receipt by a landfill; however, loads of materials reused beneficially may include small amounts of soil (such as found in construction and demolition waste loads). For the purpose of this Article, amounts of other beneficial reuse shall be reported separately from amounts of alternative daily cover and from amounts of alternative intermediate cover. 
(d) For the purposes of this Division, clean soil and contaminated soil used as cover or for other beneficial reuse do not count as disposal or diversion. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18802. Records: Retention, Access, and Audits.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
HISTORY

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. Repealer filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18803. Applicability and Alternative Reporting Systems.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
HISTORY

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. Amendment of subsection (c)(2) filed 6-19-95; operative 6-19-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 25).
3. Repealer filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18804. Non-Compliance.
Note     •     History

(a) This section outlines the Board's process for handling allegations of non-compliance: 
(1) If an agency receives written information on specific allegations of non-compliance pursuant to sections 18808.11(a) and (b), 18809.11(a) and (b), 18810.11(a) and (b), 18811.11(a) and (b), 18812.11(a), 18813.11(a) and (b), and 18814.11(a) and (b), it shall forward this information to the Board. The agency shall send this information in writing, with any additional information it has regarding specific allegations of non-compliance, no later than 60 working days after receiving the information. 
(2) If an agency has its own specific allegations of hauler or operator non-compliance, the agency shall forward the information, in writing, to the Board pursuant to section 18812.11(c). 
(3) A hauler, operator, jurisdiction, or district may forward information on specific allegations of agency non-compliance in writing to the Board as set forth in sections 18808.11(c), 18809.11(c), 18810.11(c), 18811.11(c), 18813.11(c), and 18814.11(c). 
(4) Board staff shall work with affected parties to investigate and attempt to resolve allegations of non-compliance, including allowing the entity accused of non-compliance a reasonable opportunity to provide relevant information regarding the allegations. If Board staff substantiates the allegations and cannot resolve them, then the Board shall make a determination on the allegations of non-compliance at a public meeting. Based on a finding of non-compliance, the Board may take one or more of the following actions: 
(A) notify the affected jurisdictions of the Board's finding of non-compliance, 
(B) publish the name of the hauler or operator and the finding of non-compliance for a three-year period, using electronic or print media, or 
(C) other actions as the Board deems necessary. 
(5) If the Board, based on its own investigation, determines that a hauler, operator, jurisdiction, agency, or district is not complying with the requirements of this Article, the Board may take one of the following actions: 
(A) notify the affected jurisdictions of the Board's finding of non-compliance, 
(B) publish the name of the hauler or operator and the finding of non-compliance for a three-year period, using electronic or print media, or 
(C) other actions as the Board deems necessary. 
(6) If an agency, a public contract hauler, or an operator that is a jurisdiction fails to comply with this Article, and that failure prevents the Board from accurately determining the agency's or jurisdiction's level of Source Reduction and Recycling Element implementation, the Board may initiate the process to issue a compliance order as set forth in section 41825 of the Public Resources Code. 
(b) Nothing in this Article shall prevent an agency, district, or jurisdiction from enacting ordinances or other measures to ensure that operators and haulers comply with the requirements of this Article. 
NOTE

Authority cited: Sections 40502 and 41825, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
HISTORY

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. Amendment filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18805. Origin Survey Frequency.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
HISTORY

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. Editorial correction of subsection (c)(2) (Register 95, No. 25).
3. Amendment of subsection (c)(2) filed 6-19-95; operative 6-19-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 25).
4. Repealer filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18806. Identifying a Jurisdiction of Origin.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
HISTORY

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. Repealer filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18807. Disposal Reporting Due Dates.
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
HISTORY

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. Change without regulatory effect adding subsection (e) filed 8-25-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 34).
3. Repealer filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18808. Disposal Reporting Requirements for a Hauler.
Note     •     History

(a) Sections 18808.1 through 18808.11 establish the requirements for a hauler as follows: 

(1) Signage for a Hauler 	Section 18808.1 

(2) Scales and Weighing Requirements for a 
Hauler 	Section 18808.2 

(3) Training Requirements for a Public Contract 
Hauler 	Section 18808.3 

(4) Hauler Records: Retention, Access, and 
Investigations 	Section 18808.4 

(5) Identifying Jurisdiction of Origin 	Section 18808.5 

(6) Frequency of Origin Surveys 	Section 18808.6 

(7) Determining Origin of Waste for a Hauler 	Section 18808.7 

(8) Applicability of Alternative Reporting Systems 	Section 18808.8 

(9) Public Contract Hauler Export Reports: Content, 
Timing, and Distribution 	Section 18808.9 

(10) Export Reporting Due Dates for a Public Contract 
Hauler 	Section 18808.10 

(11) Non-compliance 	Section 18808.11 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. Amendment of subsection (b) and Note filed 11-5-97; operative 11-5-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 45).
3. Repealer and new section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18808.1. Signage for a Hauler. (Not applicable)
History

HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18808.2. Scales and Weighing Requirements for a Hauler. (Not applicable)
History

HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18808.3. Training Requirements for a Public Contract Hauler.
Note     •     History

(a) A public contract hauler shall provide training on the disposal reporting system to each vehicle driver, dispatcher, and disposal report preparer and to other employees who must comply with the requirements of this Article. Training for a vehicle driver, dispatcher, and report preparer shall cover the content of this Article as it applies to the employees' job duties. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18808.4. Hauler Records: Retention, Access, and Investigations.
Note     •     History

(a) A hauler shall prepare disposal reporting records and shall: 
(1) Include all information, methods, and calculations required by this Article. 
(2) Keep quarterly documentation that verifies jurisdiction of origin allocations reported to facilities and agencies pursuant to sections 18808.7 and 18808.9(a), respectively. 
(3) Use a reasonable method to gather the information, such as locally required or facility specific reporting forms, electronic systems, or the optional paper or electronic reporting forms developed by the Board. 
(4) Maintain all records for three years in a usable format, such as on electronic media (computer files) or paper copies. 
(5) Allow representatives of involved jurisdictions, the agency, operators, districts, and the Board to inspect the records during normal business hours in a single location within California. Operators shall only be allowed to inspect records relating to their own operations. A hauler is not required to provide records of a jurisdiction's disposal information for reporting years for which the Board has already completed the biennial review cycle for the applicable jurisdiction pursuant to section 41825 of the Public Resources Code. 
(A) Upon a request to review records, the hauler shall make the records promptly available for inspection. The hauler shall respond to the request within ten days, but may indicate that additional time is necessary to make the records available due to time necessary to search for, collect and examine records to respond to the request. In no case shall the inspection be delayed more than an additional 14 days, unless agreed to by the requestor. 
(B) If copies of specific records are requested, either in lieu of inspection or after inspection, the hauler shall respond to the request for copies within ten days, but may indicate that additional time is necessary to make the copies due to time necessary to search for, collect and examine records to respond to the request. In no case shall the copies be delayed more than an additional 14 days, unless agreed to by the requestor. The hauler may charge a fee to cover the actual cost of copying. In no case shall the fee exceed ten cents per page, unless local public records act requirements establish another rate. 
(C) If a hauler or operator believes that a records request includes information that has been labeled confidential or proprietary by the entity providing that information as defined in sections 17044 through 17046, the hauler shall inform the Board. The Board shall use the procedures set forth in section 17046 to determine which records, or parts of records, may be inspected. 
(b) A hauler shall respond to requests for clarification regarding their records within ten days. Requests must be specific and clearly stated in writing. 
(c) The Board may investigate all information, methods, and calculations pursuant to this Article. If the Board determines that any information is inaccurate, the Board may require corrected information. 
(d) If a public contract hauler that is a jurisdiction fails to comply with this section, and that failure prevents the Board from accurately determining the jurisdiction's level of Source Reduction and Recycling Element implementation, the Board may initiate the process to issue a compliance order as set forth in section 41825 of the Public Resources Code. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18808.5. Identifying Jurisdiction of Origin.
Note     •     History

(a) When required by this Article: 
(1) A hauler shall identify a jurisdiction by providing its name and specifying whether it is a city, an unincorporated county, or a region. 
(2) If expressly allowed by the region, an operator may identify waste from a region formed pursuant to sections 40970 through 40975 of the Public Resources Code as originating in that region, without specifying the individual cities or unincorporated counties, unless otherwise required by the Board. 
(3) A hauler shall identify solid waste imported from outside California by specifying the state, country, or Indian country of origin. 
(b) Nothing in this Article shall prevent an agency, district, or jurisdiction from enacting ordinances or other measures to ensure that operators and haulers provide additional jurisdiction of origin information. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18808.6. Frequency of Origin Surveys.
Note     •     History

(a) Haulers shall provide jurisdiction of origin information to facility operators during the origin survey period set forth in sections 18809.6, 18810.6, and 18811.6. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18808.7. Determining Origin of Waste for a Hauler.
Note     •     History

(a) All haulers who are not public contract haulers shall determine the origin of solid waste during the origin survey period required in section 18808.6: 
(1) If solid waste in a load is from only one jurisdiction, a hauler shall assign all the waste in that load to that jurisdiction. 
(2) If solid waste in a load is from more than one jurisdiction, a hauler shall estimate the tons or percentage of waste from each based on a reasonable method. 
(3) A hauler who delivers solid waste to a facility within California shall inform the operator of the jurisdiction(s) of origin. The hauler shall provide this information on jurisdiction of origin to the operator at the time of disposal, unless prior arrangements are made with the receiving operator. In all cases the information shall be provided no later than two weeks after the end of the quarter. 
(4) When requested by a receiving operator, a hauler shall inform a receiving operator of the jurisdiction of origin for all material in each load delivered during the entire quarter identified by the receiving operator as potential alternative daily cover, alternative intermediate cover, or other beneficial reuse material based on actual load tonnage. A hauler shall also inform a receiving operator of the type or types of material being supplied. 
(b) All public contract haulers shall determine the origin of solid waste during the origin survey period required in section 18808.6 as follows: 
(1) If solid waste in a load is from only one jurisdiction, a public contract hauler shall assign all the waste in that load to that jurisdiction. 
(2) If solid waste in a load is from more than one jurisdiction, a public contract hauler shall estimate the tons or percentage of waste from each based on a reasonable method which may include adjustments for documented waste density differences, if applicable. The methods that a public contract hauler may use to make this estimate include, but are not limited to: 
(A) the number of bins emptied in each jurisdiction, 
(B) the total capacity of bins emptied in each jurisdiction, or 
(C) the actual waste tons collected in each jurisdiction. 
(3) A public contract hauler who delivers solid waste to a facility within California shall provide jurisdiction of origin information to each operator based on company dispatcher records of hauling routes and generator locations, billing records, or other relevant records. The method a public contract hauler uses to provide jurisdiction of origin information shall be reasonably designed to provide the required information in an accurate manner and in a format that is useable by the operator. The methods that a hauler may use to provide this information are: 
(A) Send the jurisdiction(s) of origin information for each load electronically. 
(B) For solid waste sent directly to a landfill or transformation facility, provide the information using a multi-part ticket system in which the dispatcher gives the vehicle driver a ticket with the estimated percentage of waste from each jurisdiction in the vehicle driver's route. The dispatcher may use a bar code with origin information on the ticket. The vehicle driver gives the receiving operator a portion of the ticket with origin percentage information and keeps a portion of the ticket for the public contract hauler's records. 
(C) Provide the information using an alternative method that meets the requirements of this section. 
(4) The public contract hauler shall provide this information on jurisdiction of origin to the operator at the time of disposal, unless prior arrangements are made with the receiving operator. In all cases the information shall be provided no later than two weeks after the end of the quarter. 
(5) When requested by a receiving operator, a public contract hauler shall inform a receiving operator of the jurisdiction of origin for all material in each load delivered during the entire quarter that the receiving operator identifies as potential alternative daily cover, alternative intermediate cover, or other beneficial reuse material. The jurisdiction of origin information shall be based on actual daily tonnage. A public contract hauler shall also inform a receiving operator of the type or types of material being supplied. 
(6) When requested by a receiving operator, a public contract hauler shall identify each segregated load of C&D debris/inert debris delivered during the entire quarter. The public contract hauler shall also provide the jurisdiction of origin for each load, based on actual daily tonnage. 
(7) When requested by a receiving operator, a public contract hauler shall identify each segregated load of designated waste delivered during the entire quarter. The public contract hauler shall inform a receiving operator of the type or types of material being supplied. The public contract hauler shall also provide the jurisdiction of origin for each load, based on actual daily tonnage. 
(8) When requested by a receiving operator, a public contract hauler shall identify each segregated load of disaster waste delivered during the entire quarter. The public contract hauler shall also provide the jurisdiction of origin for each load, based on actual daily tonnage. 
(9) Pursuant to section 18808.4(a)(2), a public contract hauler shall keep documentation for verification of jurisdiction of origin allocations for each quarter. Upon request, a public contract hauler shall provide an agency with a summary of quarterly jurisdiction allocations. 
NOTE

Authority cited: Sections 40502, 41781.3, 41821.5 and 43020, Public Resources Code. Reference: Sections 40508, 41821.5, and 43020, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18808.8. Applicability of Alternative Reporting Systems.
Note     •     History

(a) An agency may establish alternative requirements with which a hauler must comply as set forth in section 18812.8. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18808.9. Public Contract Hauler Export Reports: Content, Timing, and Distribution.
Note     •     History

(a) For the entire quarter, a public contract hauler who exports solid waste from California shall provide the agency in which the waste originated with the total tons of solid waste exported from each jurisdiction of origin during the quarter. For each jurisdiction allocation, a public contract hauler shall identify the name of the disposal site and the state, country, or Indian country to which the waste was sent. A public contract hauler shall provide this information by the due dates in section 18808.10. 
(b) Upon request by a jurisdiction, a public contract hauler shall provide the jurisdiction with a quarterly report of the tons exported from the jurisdiction by the due dates in section 18808.10. In lieu of sending quarterly information directly to a jurisdiction, a hauler may electronically submit quarterly disposal information to the Board using a format that would allow the Board to make the information available on its web site. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18808.10. Export Reporting Due Dates for a Public Contract Hauler.
Note     •     History

(a) When required by this Article, a public contract hauler shall send a quarterly export report, on the amounts of solid waste exported from California, to each agency in which the exported waste originated. If requested by a jurisdiction, the public contract hauler shall also send a quarterly export report to the jurisdiction as set forth in section 18808.9(b). A public contract hauler shall send the report by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year. A public contract hauler shall respond to requests for clarification regarding jurisdiction of origin allocations as specified in section 18808.4. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18808.11. Non-Compliance.
Note     •     History

(a) A hauler or operator shall inform the agency if a hauler or operator fails to comply with this Article by not providing the operator with information required for the preparation of quarterly disposal reports. The hauler or operator shall send written information on specific allegations of non-compliance to the agency by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year. 
(b) A hauler or operator may inform the agency of other non-compliance issues concerning a hauler or operator. The hauler or operator shall send written information on specific allegations to the agency. 
(c) A hauler or operator may inform the Board if an agency fails to comply with this Article. A hauler or operator shall send written information on specific allegations of agency non-compliance to the Board. 
(d) Allegations of non-compliance shall be handled in accordance with the process set forth in section 18804. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18809. Disposal Reporting Requirements for a Station.
Note     •     History

(a) Sections 18809.1 through 18809.11 establish the requirements for a station as follows: 

(1) Signage at a Station 	Section 18809.1 

(2) Scales and Weighing Requirements at a Station 	Section 18809.2 

(3) Training Requirements for a Station 	Section 18809.3 

(4) Station Records: Retention, Access, and 
Investigations 	Section 18809.4 

(5) Identifying Jurisdiction of Origin 	Section 18809.5 

(6) Frequency of Origin Surveys 	Section 18809.6 

(7) Determining Origin of Waste at a Station 	Section 18809.7 

(8) Applicability of Alternative Reporting Systems 	Section 18809.8 

(9) Station Disposal Reports: Content, Timing, and 
Distribution 	Section 18809.9 

(10) Disposal Reporting Due Dates for a Station 	Section 18809.10 

(11) Non-compliance 	Section 18809.11 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. Amendment of subsection (b) and Note filed 11-5-97; operative 11-5-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 45).
3. Repealer and new section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18809.1. Signage at a Station.
Note     •     History

(a) An operator may post a sign regarding the collection of waste origin information during the origin survey period specified in section 18809.6(a) or (b). 
(b) The sign may include the following: 
(1) “State law requires information on where your waste is from. Be prepared to provide it to the attendant.” or 
(2) “Be prepared to tell the attendant where your waste is from.” or 
(3) Other wording reasonably similar to the wording in subsection (1) or (2). 
(c) The sign may be translated into additional languages, including but not limited to Spanish. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.5 and 43020, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18809.2. Scales and Weighing Requirements at a Station.
Note     •     History

(a) A station shall be equipped with scales if both of the following criteria apply: 
(1) the station accepts an annual average of more than 100 tons per operating day or an annual average volume of more than 400 cubic yards of solid waste per operating day, and 
(2) the station operates more than 52 days per year. 
(b) A station located in a rural city or rural county, as set forth in sections 40183 and 40184 of the Public Resources Code, shall be equipped with scales if both of the following criteria apply: 
(1) the station accepts an annual average of more than 200 tons per operating day or an annual average volume of more than 800 cubic yards of solid waste per operating day, and 
(2) the station operates more than 52 days per year. 
(c) An operator of a station equipped with scales shall weigh every uncompacted load of solid waste greater than 12 cubic yards. An operator shall also weigh every compacted load of waste. For each uncompacted load less than or equal to 12 cubic yards that is not weighed, an operator shall use volumetric conversion factors to estimate weight as described in subsection (d). If a station's scales are inoperable for a period of time, the operator shall estimate the weight of solid waste using volumetric conversion factors as described in subsection (d) until the scales are back in operation. 
(d) For all solid waste that a station operator is allowed to not weigh with scales, the operator shall use reasonable, volumetric conversion factors to estimate the weight of the waste. Volumetric conversion factors used at a station shall meet the following guidelines: 
(1) A volumetric conversion factor for a given vehicle and/or trailer type and/or load type (e.g. C&D debris/inert debris load) shall be derived from the average of actual weight data collected for the vehicle and/or trailer type and/or load type during a seven-day minimum weighing period conducted at least every five years. The operator shall determine individual volumetric conversion factors for all the types of vehicles and/or trailers that haul waste to the station and/or the types of loads hauled to the station. The weight data for each vehicle and/or trailer type and/or load type shall be based on a statistically representative sample of vehicles and/or trailers and/or loads. 
(2) All volumetric conversion factors for each vehicle and/or trailer type and/or load type and a description of the method used to determine the conversion factors shall be included in the station's annual report of disposal reporting methods as set forth in 18809.9(e). 
(3) All volumetric conversion factors and supporting calculations and documentation shall be made available for Board staff review upon request pursuant to section 18809.4. 
(4) If the Board determines that volumetric conversion factors are not reasonable or adequately supported, the Board may require the operator to collect new weight data to establish new volumetric conversion factors. 
(e) An operator of a station not required to have scales as set forth in subsection (a) or (b) shall estimate the weight of every load of solid waste using reasonable and documented volumetric conversion factors for each type of vehicle and/or trailer that hauls waste to the station and/or each type of load (e.g. C&D debris/inert debris load) hauled to the station. The operator shall identify all volumetric conversion factors for each vehicle and/or trailer type and/or load type and include a description of the method used to determine the conversion factors in the station's annual report of disposal reporting methods as set forth in section 18809.9(e). The operator shall make all documentation of volumetric conversion factors available for review by Board staff upon request. If the Board determines that volumetric conversion factors are not reasonable or adequately supported, the Board may require the operator to establish new volumetric conversion factors. 
(f) An operator is not to required weigh waste if the waste will be weighed at destination landfills and/or transformation facilities. If an operator determines the weight of waste by using scales at destination landfills and/or transformation facilities, the operator shall notify the agency in which the station is located in the annual report of disposal reporting methods as set forth in 18809.9(e)(7). An operator shall maintain a record of the weights obtained at all destination landfills and/or transformation facilities pursuant to section 18809.4. 
(g) An operator of a station required to have scales as set forth in subsection (a) or (b) may request an exemption from the requirement to obtain scales if the station operator can demonstrate that circumstances exist that make compliance with this requirement a hardship. An operator shall submit a request for an exemption to the Board as set forth in subsections (i) through (l). An operator shall submit a request for an exemption no later than 150 days after January 1, 2006. If a station becomes subject to the scales requirement as set forth in subsection (a) or (b) after January 1, 2006, an operator shall submit the request for an exemption within 150 days. 
(h) An operator of a station required to have scales as set forth in subsection (a) or (b) may submit a request to implement an alternative weighing system (for example, using off-site scales). An alternative weighing system must meet the minimum weighing requirements of this section. Weighing of waste at destination landfills and/or transformation facilities pursuant to subsection (f) does not require Board approval as an alternative weighing system. An operator shall submit a request for an exemption to the Board as set forth in subsections (i) through (l). 
(i) A station operator's request for an exemption from obtaining scales or request to implement an alternative weighing system shall include the following minimum information: 
(1) station name, 
(2) station Solid Waste Information System (SWIS) number, 
(3) station address, 
(4) operator name, 
(5) operator mailing address, 
(6) operator telephone number, 
(7) operator email address, if available, 
(8) justification for the proposed exemption or alternative weighing system, such as a lack of electric utilities at the site, geographic remoteness of the site, space constraints at the site, or use of off-site scales, 
(9) annual average weight (or annual average volume) of solid waste accepted per day of operation, and 
(10) volumetric conversion factors to be used to estimate weight. 
(j) Prior to submitting a request for an exemption from the scales requirement or a request to implement an alternative weighing system, an operator shall provide at least a 30-day notice of the proposed request to, and accept and respond to comments from applicable parties including: 
(1) haulers that dispose of waste at the station, 
(2) the agency in which the station is located, 
(3) jurisdictions that dispose of waste at the station, and 
(4) the Local Task Force established pursuant to section 18761 of this Division. 
(k) An operator shall send a request for an exemption from the scales requirement or a request to implement an alternative weighing system to Board staff for review. The operator shall also send documentation showing that applicable parties were notified and include a copy of the responses to comments received on the request. 
(l) Within 30 working days from receipt of a request, Board staff shall inform the operator, in writing, that the request is complete and accepted for filing, or that the request is deficient and what specific information is still required. Board staff shall approve or disapprove the request within 60 working days from the date the request is deemed complete. The operator may appeal the Board staff determination to the Board. 
(m) If subsequent to an approval of an exemption from the scales requirement or a request to implement an alternative weighing system, the Board determines a station no longer meets the criteria of this section, the Board may rescind the approval. 
(n) Nothing in this Article shall prevent an operator from weighing more loads than the minimum required by this section as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to obtain scales or requiring an operator to weigh more loads than the minimum required by this section, based upon its own authority to impose requirements on that operator. 
(o) A station required to have scales as set forth in subsection (a) or (b), that has not requested and received a Board exemption from this requirement or has not received approval of an alternative weighing system, shall be required to obtain and begin operating the scales by January 1, 2007. 
(p) If a station becomes subject to the scales requirement as set forth in subsection (a) or (b) subsequent to January 1, 2006, the operator shall obtain and begin operating the scales by January 1 of the year following the year the station became subject to the requirement. The operator may submit a request for an exemption from the scales requirement or a request to implement an alternative weighing system as set forth in subsections (g) through (l). 
NOTE

Authority cited: Sections 40502, 41821.5, 43020 and 43021, Public Resources Code. Reference: Sections 40508, 41821.5, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18809.3. Training Requirements for a Station.
Note     •     History

(a) A station operator shall provide training on the disposal reporting system to each gatehouse attendant and disposal report preparer and to other employees who must comply with the requirements of this Article. Training for a gatehouse attendant and report preparer shall cover the content of this Article as it applies to the employees' job duties. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18809.4. Station Records: Retention, Access, and Investigations.
Note     •     History

(a) An operator shall prepare disposal reporting records and shall: 
(1) Include all information, methods, and calculations required by this Article. 
(2) Keep quarterly documentation that verifies jurisdiction of origin allocations reported to facilities and agencies pursuant to sections 18809.9(a) through (c). 
(3) Use a reasonable method to gather the information, such as locally required or facility specific reporting forms, electronic systems, or the optional paper or electronic reporting forms developed by the Board. 
(4) Maintain all records for three years in a usable format, such as on electronic media (computer files) or paper copies. 
(5) Allow representatives of involved jurisdictions, the agency, haulers, operators, districts, and the Board to inspect the records during normal business hours in a single location within California. Haulers and operators shall only be allowed to inspect records relating to their own operations. An operator is not required to provide records of a jurisdiction's disposal information for reporting years for which the Board has already completed the biennial review cycle for the applicable jurisdiction pursuant to section 41825 of the Public Resources Code. 
(A) Upon a request to review records, the operator shall make the records promptly available for inspection. The operator shall respond to the request within ten days, but may indicate that additional time is necessary to make the records available due to time necessary to search for, collect and examine records to respond to the request. In no case shall the inspection be delayed more than an additional 14 days, unless agreed to by the requestor. 
(B) If copies of specific records are requested, either in lieu of inspection or after inspection, the operator shall respond to the request for copies within ten days, but may indicate that additional time is necessary to make the copies due to time necessary to search for, collect, and examine records to respond to the request. In no case shall the copies be delayed more than an additional 14 days, unless agreed to by the requestor. The operator may charge a fee to cover the actual cost of copying. In no case shall the fee exceed ten cents per page, unless local public records act requirements establish another rate. 
(C) If a hauler or operator believes that a records request includes information that has been labeled confidential or proprietary by the entity providing that information as defined in sections 17044 through 17046, the operator shall inform the Board. The Board shall use the procedures set forth in section 17046 to determine which records, or parts of records, may be inspected. 
(b) An operator shall respond to requests for clarification regarding their records within ten days. Requests must be specific and clearly stated in writing. 
(c) The Board may investigate all information, methods, and calculations pursuant to this Article. If the Board determines that any information is inaccurate, the Board may require corrected information. 
(d) If an operator that is a jurisdiction, fails to comply with this section, and that failure prevents the Board from accurately determining the jurisdiction's level of Source Reduction and Recycling Element implementation, the Board may initiate the process to issue a compliance order as set forth in section 41825 of the Public Resources Code. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18809.5. Identifying Jurisdiction of Origin.
Note     •     History

(a) When required by this Article: 
(1) An operator shall identify a jurisdiction by providing its name and specifying whether it is a city, an unincorporated county, or a region. 
(2) If expressly allowed by the region, an operator may identify waste from a region formed pursuant to sections 40970 through 40975 of the Public Resources Code as originating in that region, without specifying the individual cities or unincorporated counties, unless otherwise required by the Board. 
(3) An operator shall identify waste imported from outside California by specifying the state, country, or Indian country of origin. 
(b) Nothing in this Article shall prevent an agency, district, or jurisdiction from enacting ordinances or other measures to ensure that operators and haulers provide additional jurisdiction of origin information. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18809.6. Frequency of Origin Surveys.
Note     •     History

(a) At all permitted stations, origin surveys shall be conducted continuously, each day of station operation, for every load, except as described in subsections (b), (c), and (d). 
(b) An operator of a station located in a rural city or county, as defined in sections 40183 and 40184 of the Public Resources Code, may conduct origin surveys as specified in subsection (a) or may conduct origin surveys during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). During the standard origin survey weeks, every load of solid waste shall be surveyed to determine jurisdiction of origin. 
(c) At all permitted stations, origin surveys of each uncompacted load of waste with a volume of 12 cubic yards or less may be conducted as specified in subsection (a) or may be conducted during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). Daily origin surveys shall be conducted for all other loads as specified in subsection (a). 
(d) Origin surveys are not required if: 
(1) a facility is located in a Board-approved region, the region has authorized the operator to assign all waste tonnage to the region, and the Board does not otherwise require the region to assign waste to the individual cities or unincorporated counties of the region, or 
(2) a city or county in which a station is located authorizes the station operator to assign all waste tonnage to that city or county. 
(e) Nothing in this Article shall prevent an operator from collecting additional information as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to conduct origin surveys more frequently or to collect additional information, based upon its own authority to impose requirements on that operator. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18809.7. Determining Origin of Waste at a Station.
Note     •     History

(a) An operator shall determine the origin of all solid waste during the origin survey period set forth in section 18809.6. 
(b) When requested by a receiving operator, an operator who sends solid waste to another facility within California shall provide the receiving operator with the jurisdiction of origin for all material in each load delivered during the entire quarter that the receiving operator identifies as potential alternative daily cover, alternative intermediate cover, or other beneficial reuse material. The jurisdiction of origin information shall be based on actual daily tonnage. An operator shall also inform a receiving operator of the type or types of material being supplied. 
(c) When requested by a receiving operator, an operator who sends solid waste to another facility within California shall notify the operator of that facility of each load of C&D debris/inert debris delivered during the entire quarter. The operator shall also provide the jurisdiction of origin for each load, based on actual daily tonnage. 
(d) When requested by a receiving operator, an operator who sends solid waste to another facility within California shall notify the operator of that facility of each load of disaster waste delivered during the entire quarter. The operator shall also provide the jurisdiction of origin for each load, based on actual daily tonnage. 
(e) For all loads not delivered by public contract haulers, an operator shall obtain and maintain a record of the following information: 
(1) the jurisdiction of origin of the waste as set forth in 18809.5, and 
(2) other additional information that the operator has determined will ensure that information provided is accurate. 
(f) An operator shall collect jurisdiction of origin from public contract haulers. The public contract hauler shall provide the jurisdiction of origin as specified in section 18808.7(b). 
(g) If a station accepts solid waste from only one jurisdiction, the operator shall assign the waste to that jurisdiction. 
(h) If an attendant is not present during regular hours of operation, and one cannot be present to obtain jurisdiction of origin information during the survey period, and the operator does not receive origin information from the haulers delivering waste, then the operator shall assign the waste to the jurisdiction in which the station is located by labeling it as “no attendant host assigned” waste. An operator shall determine quarterly percentages of the total waste assigned to a host jurisdiction and report the percentage allocations to each facility to which waste was sent, pursuant to section 18809.9(b)(4). An operator shall also provide information on host assigned waste to a host jurisdiction if requested pursuant to section 18809.9(d). 
(i) If a station accepts solid waste from more than one jurisdiction, the operator shall use the information on the jurisdictions of origin for all solid waste to estimate the percentage of waste from each jurisdiction. The percentage of waste from each jurisdiction shall be based on either the total tons accepted from each jurisdiction, the total tons of solid waste from each jurisdiction after adjusting for diversion at the station, or the total tons from each jurisdiction based on a reasonable method used at the station to allocate waste. 
(j) If solid waste is delivered to the station and information on the jurisdiction of origin is not provided by the delivering hauler or operator during the survey period as specified in this Article, then the operator shall assign the waste percentage to the jurisdiction in which the station is located by labeling it as “host assigned” waste and send written notification to the agency regarding hauler or operator non-compliance as specified in section 18809.11. The operator shall determine quarterly percentages of the total waste assigned to a host jurisdiction and report the percentage allocations to each facility to which waste was sent, pursuant to section 18809.9(b)(4). The operator shall also provide information on host assigned waste to a host jurisdiction if requested pursuant to section 18809.9(d). 
NOTE

Authority cited: Sections 40502, 41821.5, 43020 and 43021, Public Resources Code. Reference: Section 40508, 41821.5, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18809.8. Applicability of Alternative Reporting Systems.
Note     •     History

(a) An agency may establish alternative requirements with which an operator must comply as set forth in section 18812.8. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18809.9. Station Disposal Reports: Content, Timing, and Distribution.
Note     •     History

(a) Each quarter, an operator who sends solid waste to another facility within California shall provide the operator of that facility with the percentage of waste assigned to each jurisdiction as determined pursuant to section 18809.7. The operator shall provide this information by the due dates in sections 18809.10(a) and (b). 
(b) An operator who sends waste to another facility in California shall send a quarterly notification to the agency in which the station is located and to each agency in which a receiving facility is located. An operator shall keep copies of the notification and all supporting documentation used to prepare the notification pursuant to the record keeping requirements in section 18809.4. The operator shall send the notifications by the due dates in section 18809.10. The quarterly notification shall contain the following information: 
(1) the station name and Solid Waste Information System (SWIS) number, 
(2) the reporting quarter and year, 
(3) the total tons of solid waste accepted at the station, 
(4) the percentage of solid waste from each jurisdiction (including host assigned waste, if applicable), based on either: 
(A) the total tons of solid waste accepted from each jurisdiction, 
(B) the total tons of solid waste from each jurisdiction after adjusting for diversion at the station, or 
(C) the total tons of solid waste from each jurisdiction determined using a reasonable method to allocate waste, 
(5) the name and Solid Waste Information System (SWIS) number of each facility in California to which waste was sent, 
(6) the total initial estimated tons of solid waste sent to each facility, 
(7) the total tons of each type of material identified for potential reuse as: 
(A) alternative daily cover, 
(B) alternative intermediate cover, and 
(C) other beneficial reuse, 
(8) the total tons of each type of material from each jurisdiction identified for potential reuse as: 
(A) alternative daily cover, and 
(B) alternative intermediate cover, 
(9) the total tons of other material accepted at the station and sent off-site for reuse, recycling, or composting during the quarter, and 
(10) a brief summary of the methods used to determine the jurisdictions of origin. 
(c) For the entire quarter, an operator who exports waste from California shall provide the agency in which the station is located with the total tons of solid waste exported from each jurisdiction of origin during the quarter. For each jurisdiction allocation, an operator shall identify the name of the disposal site and the state, country, or Indian country to which the waste was sent. An operator shall provide this information by the due dates in section 18809.10. 
(d) Upon request by a jurisdiction, an operator shall provide all quarterly information pertaining to the jurisdiction by the due dates in section 18809.10. In lieu of sending quarterly information directly to a jurisdiction, an operator may electronically submit the quarterly disposal information to the Board using a format that would allow the Board to make the information available on its web site. In addition to the information in subsections (b) and (c), a jurisdiction may request: 
(1) the total tons of each type of material identified as other potential beneficial reuse material (excluding alternative daily cover and alternative intermediate cover), 
(2) the total tons of C&D debris/inert debris, and 
(3) the total tons of disaster waste. 
(e) An operator shall send an annual report on disposal reporting methods to the agency in which the station is located. An operator shall send the annual report by the due date in section 18809.10. An operator shall keep a copy of the annual report in the station's records pursuant to section 18809.4. The report shall cover each year beginning on January 1 and ending on December 31 and shall include the following: 
(1) station name and Solid Waste Information System (SWIS) number, 
(2) operator name, 
(3) operator mailing address, 
(4) operator telephone number, 
(5) operator email address, if available, 
(6) number and type of scales, if applicable, 
(7) notification of the use of scales at destination landfill(s) or transformation facility(ies) to weigh waste sent from the station, pursuant to section 18809.2(f), if applicable, 
(8) all volumetric conversion factors used for each vehicle and/or trailer type and/or load type and a description of the method used to determine the conversion factors pursuant to section 18809.2(d)(1) or (e), 
(9) the frequency of each type of origin survey, 
(10) the method(s) of determining jurisdiction of origin, including the questions gatehouse attendants ask haulers, 
(11) the method(s) used to verify origin information, if applicable, 
(12) the method(s) used to track C&D debris/inert debris loads, if applicable, 
(13) the method(s) used to track disaster waste loads, if applicable, 
(14) the method(s) of determining jurisdiction allocation amounts including: 
(A) a description of the method used to determine jurisdiction of origin allocation percentages as reported in subsection (b)(4), and 
(B) the percentage of annual tons of waste for each jurisdiction that were assigned based on survey week data as allowed in sections 18809.6(b) and (c), and 
(C) the percentage of the total tons of solid waste sent for disposal or transformation that were based on volumetric conversion factors rather than actual weight measurements, 
(15) any restrictions on which jurisdictions may use the station, 
(16) any differences in station tipping fees based on jurisdiction of origin, 
(17) a listing or description of the computer program(s) or method used to track waste tonnage and origin information, and 
(18) the days and hours of station operation, including all significant variations in the schedule during the reporting year. 
NOTE

Authority cited: Sections 40502, 41821.5, 43020 and 43021, Public Resources Code. Reference: Sections 40508, 41821.5, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18809.10. Disposal Reporting Due Dates for a Station.
Note     •     History

(a) An operator of a permitted station who sends waste to another permitted station in California shall send the operator of that facility the percentage of waste assigned to each jurisdiction for the quarter as set forth in section 18809.9(a). An operator shall send this information by April 30 for the first quarter, July 31 for the second quarter, October 31 for the third quarter, and January 31 for the fourth quarter of the previous year. 
(b) An operator of a permitted station who sends waste to a landfill or transformation facility in California shall send the operator of that facility the percentage of waste assigned to each jurisdiction for the quarter as set forth in section 18809.9(a). An operator shall send this information by May 15 for the first quarter, August 15 for the second quarter, November 15 for the third quarter, and February 15 for the fourth quarter of the previous year. 
(c) An operator of a permitted station shall send quarterly disposal information to affected agencies as set forth in sections 18809.9(b) and (c). If requested by a jurisdiction, the operator shall also send the quarterly disposal information to the jurisdiction as described in section 18809.9(d). An operator shall send the report by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year. 
(1) An operator of a permitted station who sends waste to another facility within California shall send a notification every quarter to the agency in which the station is located and to each agency in which a receiving facility is located as set forth in section 18809.9(b). 
(2) If a station operator exports waste outside of California, the operator shall send a quarterly report on the amounts of exported waste to the agency in which the station is located as set forth in section 18809.9(c). 
(d) An operator of a permitted station shall send an annual report on disposal reporting methods to the agency in which the station is located, as described in section 18809.9(e). An operator shall send this annual report by March 15 for the previous year. A station operator shall respond to requests for clarification regarding jurisdiction of origin allocations as specified in section 18809.4. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18809.11. Non-Compliance.
Note     •     History

(a) A hauler or operator shall inform the agency if a hauler or operator fails to comply with this Article by not providing the operator with information required for the preparation of quarterly disposal reports. The hauler or operator shall send written information on specific allegations of non-compliance to the agency by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year. 
(b) A hauler or operator may inform the agency of other non-compliance issues concerning a hauler or operator. The hauler or operator shall send written information on specific allegations to the agency. 
(c) A hauler or operator may inform the Board if an agency fails to comply with this Article. A hauler or operator shall send written information on specific allegations of agency non-compliance to the Board. 
(d) Allegations of non-compliance shall be handled in accordance with the process set forth in section 18804. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18810. Disposal Reporting Requirements for a Landfill.
Note     •     History

(a) Sections 18810.1 through 18810.11 establish the requirements for a landfill as follows: 

(1) Signage at a Landfill 	Section 18810.1 

(2) Scales and Weighing Requirements at a 
Landfill 	Section 18810.2 

(3) Training Requirements for a Landfill 	Section 18810.3 

(4) Landfill Records: Retention, Access, and 
Investigations 	Section 18810.4 

(5) Identifying Jurisdiction of Origin 	Section 18810.5 

(6) Frequency of Origin Surveys 	Section 18810.6 

(7) Determining Origin of Waste at a Landfill 	Section 18810.7 

(8) Applicability of Alternative Reporting Systems 	Section 18810.8 

(9) Landfill Disposal Reports: Content, Timing, and 
Distribution 	Section 18810.9 

(10) Disposal Reporting Due Dates for a Landfill 	Section 18810.10 

(11) Non-compliance 	Section 18810.11 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. Amendment of subsections (c) and (d)(5) and amendment of Note filed 11-5-97; operative 11-5-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 45).
3. Change without regulatory effect redesignating subsection (a) as (a)(1) and adding subsection (a)(2) filed 8-25-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 34).
4. Repealer and new section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18810.1. Signage at a Landfill.
Note     •     History

(a) An operator may post a sign regarding the collection of waste origin information during the origin survey period specified in section 18810.6(a) or (b). 
(b) The sign may include the following: 
(1) “State law requires information on where your waste is from. Be prepared to provide it to the attendant.” or 
(2) “Be prepared to tell the attendant where your waste is from.” or 
(3) Other wording reasonably similar to the wording in subsection (1) or (2). 
(c) The sign may be translated into additional languages, including but not limited to Spanish. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.5 and 43020, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18810.2. Scales and Weighing Requirements at a Landfill.
Note     •     History

(a) A landfill shall be equipped with scales if both of the following criteria apply: 
(1) the landfill accepts an annual average of more than 100 tons per operating day or an annual average volume of more than 400 cubic yards of solid waste per operating day, and 
(2) the landfill operates more than 52 days per year. 
(b) A landfill located in a rural city or rural county, as set forth in sections 40183 and 40184 of the Public Resources Code, shall be equipped with scales if both of the following criteria apply: 
(1) the landfill accepts an annual average of more than 200 tons per operating day or an annual average volume of more than 800 cubic yards of solid waste per operating day, and 
(2) the landfill operates more than 52 days per year. 
(c) An operator of a landfill equipped with scales shall weigh every uncompacted load of solid waste greater than 12 cubic yards. An operator shall also weigh every compacted load of waste. For each uncompacted load less than or equal to 12 cubic yards that is not weighed, an operator shall use volumetric conversion factors to estimate weight as described in subsection (d). If a landfill's scales are inoperable for a period of time, the operator shall estimate the weight of solid waste using volumetric conversion factors as described in subsection (d) until the scales are back in operation. 
(d) For all solid waste that a landfill operator is allowed to not weigh with scales, the operator shall use reasonable, volumetric conversion factors to estimate the weight of the waste. Volumetric conversion factors used at a landfill shall meet the following guidelines: 
(1) A volumetric conversion factor for a given vehicle and/or trailer type and/or load type (e.g. C&D debris/inert debris load) shall be derived from the average of actual weight data collected for the vehicle and/or trailer type and/or load type during a seven-day minimum weighing period conducted at least every five years. The operator shall determine individual volumetric conversion factors for all the types of vehicles and/or trailers that haul waste to the landfill and/or the types of loads hauled to the landfill. The weight data for each vehicle and/or trailer type and/or load type shall be based on a statistically representative sample of vehicles and/or trailers and/or loads. 
(2) All volumetric conversion factors for each vehicle and/or trailer type and/or load type and a description of the method used to determine the conversion factors shall be included in the landfill's annual report of disposal reporting methods as set forth in 18810.9(h). 
(3) All volumetric conversion factors and supporting calculations and documentation shall be made available for Board staff review upon request pursuant to section 18810.4. 
(4) If the Board determines that volumetric conversion factors are not reasonable or adequately supported, the Board may require the operator to collect new weight data to establish new volumetric conversion factors. 
(e) An operator of a landfill not required to have scales as set forth in subsection (a) or (b), shall estimate the weight of every load of solid waste using reasonable and documented volumetric conversion factors for each type of vehicle and/or trailer that hauls waste to the landfill and/or each type of load (e.g. C&D debris/inert debris load) hauled to the landfill. The operator shall identify all volumetric conversion factors for each vehicle and/or trailer type and/or load type and include a description of the method used to determine the conversion factors used in the landfill's annual report of disposal reporting methods as set forth in section 18810.9(h). The operator shall make all documentation of volumetric conversion factors available for review by Board staff upon request. If the Board determines that volumetric conversion factors are not reasonable or adequately supported, the Board may require the operator to establish new volumetric conversion factors. 
(f) An operator of a landfill required to have scales as set forth in subsection (a) or (b) may request an exemption from the requirement to obtain scales if the landfill operator can demonstrate that circumstances exist that make compliance with this requirement a hardship. An operator shall submit a request for an exemption to the Board as set forth in subsections (h) through (k). An operator shall submit a request no later than 150 days after January 1, 2006. If a landfill becomes subject to the scales requirement as set forth in subsection (a) or (b) after January 1, 2006, an operator shall submit the request for an exemption within 150 days. 
(g) An operator of a landfill required to have scales as set forth in subsection (a) or (b) may submit a request to implement an alternative weighing system (for example, using off-site scales). An alternative weighing system must meet the minimum weighing requirements of this section. An operator shall submit a request for an exemption to the Board as set forth in subsections (h) through (k). 
(h) A landfill operator's request for an exemption from obtaining scales or request to implement an alternative weighing system shall include the following minimum information: 
(1) landfill name, 
(2) landfill Solid Waste Information System (SWIS) number, 
(3) landfill address, 
(4) operator name, 
(5) operator mailing address, 
(6) operator telephone number, 
(7) operator email address, if available, 
(8) justification for the proposed exemption or alternative weighing system, such as a lack of electric utilities at the site, geographic remoteness of the site, space constraints at the site, occasional relief from weighing requirements during periods of time when excessive lines create public health and safety concerns, or use of off-site scales, 
(9) annual average weight (or annual average volume) of waste accepted per day of operation, and 
(10) volumetric conversion factors to be used to estimate weight. 
(i) Prior to submitting a request for an exemption from the scales requirement or a request to implement an alternative weighing system, an operator shall provide at least a 30-day notice of the proposed request to, and accept and respond to comments from applicable parties including those listed below. However, nothing in this requirement is intended to allow any of these parties to seek or impose conditions on the requestor for favorable comments, nor does this section give them any authority to approve or disapprove the request. 
(1) haulers that dispose of waste at the landfill, 
(2) the agency in which the landfill is located, 
(3) jurisdictions that dispose of waste at the landfill, and 
(4) the Local Task Force established pursuant to section 18761 of this Division. 
(j) An operator shall send a request for an exemption from the scales requirement or a request to implement an alternative weighing system to Board staff for review. The operator shall also send documentation showing that applicable parties were notified and include a copy of the responses to comments received on the request. 
(k) Within 30 working days from receipt of a request, Board staff shall inform the operator, in writing, that the request is complete and accepted for filing, or that the request is deficient and what specific information is still required. Board staff shall approve or disapprove the request within 60 working days from the date the request is deemed complete. The operator may appeal the Board staff determination to the Board. 
(l) If subsequent to an approval of an exemption from the scales requirement or a request to implement an alternative weighing system, the Board determines a landfill no longer meets the criteria of this section, the Board may rescind the approval. 
(m) All volumetric conversion factor(s) used for the purposes of this Article, shall be the same as the volumetric conversion factor(s) used to determine the number of tons that are subject to the fee pursuant to section 48000 of the Public Resources Code and section 45151 of the Revenue and Taxation Code. 
(n) Nothing in this Article shall prevent an operator from weighing more loads than the minimum required by this section as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to obtain scales or requiring an operator to weigh more loads than the minimum required by this section, based upon its own authority to impose requirements on that operator. 
(o) A landfill required to have scales as set forth in subsection (a) or (b), that has not requested and received a Board exemption from this requirement or has not received approval of an alternative weighing system, shall be required to obtain and begin operating the scales by January 1, 2007. 
(p) If a landfill becomes subject to the scales requirement as set forth in subsection (a) or (b) subsequent to January 1, 2006, the operator shall obtain and begin operating the scales by January 1 of the year following the year the landfill became subject to the requirement. The operator may submit a request for an exemption from the scales requirement or a request to implement an alternative weighing system as set forth in subsections (f) through (k). 
NOTE

Authority cited: Sections 40502, 41781.3, 41821.5, 43020 and 43021, Public Resources Code. Reference: Sections 40508, 41821.5, 42245, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18810.3. Training Requirements for a Landfill.
Note     •     History

(a) An operator shall provide training on the disposal reporting system to each gatehouse attendant and disposal report preparer and to other employees who must comply with the requirements of this Article. Training for a gatehouse attendant and report preparer shall cover the content of this Article as it applies to the employees' job duties. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18810.4. Landfill Records: Retention, Access, and Investigations.
Note     •     History

(a) An operator shall prepare disposal reporting records and shall: 
(1) Include all information, methods, and calculations required by this Article. 
(2) Keep quarterly documentation that verifies jurisdiction of origin allocations reported to the agency in which the landfill is located pursuant to section 18810.9(c). 
(3) Use a reasonable method to gather the information, such as locally required or facility specific reporting forms, electronic systems, or the optional paper or electronic reporting forms developed by the Board. 
(4) Maintain all records for three years in a usable format, such as on electronic media (computer files) or paper copies. 
(5) Allow representatives of involved jurisdictions, the agency, haulers, operators, districts, and the Board to inspect the records during normal business hours in a single location within California. Haulers and operators shall only be allowed to inspect records relating to their own operations. An operator is not required to provide records of a jurisdiction's disposal information for reporting years for which the Board has already completed the biennial review cycle for the applicable jurisdiction pursuant to section 41825 of the Public Resources Code. 
(A) Upon a request to review records, the operator shall make the records promptly available for inspection. The operator shall respond to the request within ten days, but may indicate that additional time is necessary to make the records available due to time necessary to search for, collect and examine records to respond to the request. In no case shall the inspection be delayed more than an additional 14 days, unless agreed to by the requestor. 
(B) If copies of specific records are requested, either in lieu of inspection or after inspection, the operator shall respond to the request for copies within ten days, but may indicate that additional time is necessary to make the copies due to time necessary to search for, collect, and examine records to respond to the request. In no case shall the copies be delayed more than an additional 14 days, unless agreed to by the requestor. The operator may charge a fee to cover the actual cost of copying. In no case shall the fee exceed ten cents per page, unless local public records act requirements establish another rate. 
(C) If a hauler or operator believes that a records request includes information that has been labeled confidential or proprietary by the entity providing that information as defined in sections 17044 through 17046, the operator shall inform the Board. The Board shall use the procedures set forth in section 17046 to determine which records, or parts of records, may be inspected. 
(b) An operator shall respond to requests for clarification regarding their records within ten days. Requests must be specific and clearly stated in writing. 
(c) The Board may investigate all information, methods, and calculations pursuant to this Article. If the Board determines that any information is inaccurate, the Board may require corrected information. 
(d) If an operator that is a jurisdiction, fails to comply with this section, and that failure prevents the Board from accurately determining the jurisdiction's level of Source Reduction and Recycling Element implementation, the Board may initiate the process to issue a compliance order as set forth in section 41825 of the Public Resources Code. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18810.5. Identifying Jurisdiction of Origin.
Note     •     History

(a) When required by this Article: 
(1) An operator shall identify a jurisdiction by providing its name and specifying whether it is a city, an unincorporated county, or a region. 
(2) If expressly allowed by the region, an operator may identify waste from a region formed pursuant to sections 40970 through 40975 of the Public Resources Code as originating in that region, without specifying the individual cities or unincorporated counties, unless otherwise required by the Board. 
(3) An operator shall identify waste imported from outside California by specifying the state, country, or Indian country of origin. 
(b) Nothing in this Article shall prevent an agency, district, or jurisdiction from enacting ordinances or other measures to ensure that operators and haulers provide additional jurisdiction of origin information. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18810.6. Frequency of Origin Surveys.
Note     •     History

(a) At all permitted landfills, origin surveys shall be conducted continuously, each day of landfill operation, for every load, except as described in subsections (b), (c), and (d). 
(b) An operator of a landfill located in a rural city or county, as defined in sections 40183 and 40184 of the Public Resources Code, may conduct origin surveys as specified in subsection (a) or may conduct origin surveys during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). During the standard survey weeks, every load of solid waste shall be surveyed to determine jurisdiction of origin. 
(c) At all permitted landfills, origin surveys of each uncompacted load of waste with a volume of 12 cubic yards or less may be conducted as specified in subsection (a) or may be conducted during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). Daily origin surveys shall be conducted for all other loads as specified in subsection (a). 
(d) Origin surveys are not required if: 
(1) a facility is located in a Board-approved region, the region has authorized the operator to assign all waste tonnage to the region, and the Board does not otherwise require the region to assign waste to the individual cities or unincorporated counties of the region, or 
(2) a city or county in which a landfill is located authorizes the landfill operator to assign all waste tonnage to that city or county. 
(e) Nothing in this Article shall prevent an operator from collecting additional information as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to conduct origin surveys more frequently or to collect additional information, based upon its own authority to impose requirements on that operator. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18810.7. Determining Origin of Waste at a Landfill.
Note     •     History

(a) An operator shall determine the origin of all solid waste during the origin survey period set forth in section 18810.6. 
(b) For every load of solid waste received during the entire quarter, an operator shall record the jurisdiction of origin for all beneficial reuse material accepted. An operator shall also record the types and quantities of material being used as alternative daily, alternative intermediate cover, and other beneficial reuse. Each type of material used for alternative daily cover, alternative intermediate cover, and other beneficial reuse shall be allocated to jurisdictions using a reasonable estimation method. A reasonable method for calculating allocations may include: 
(1) Determining each jurisdiction's percentage of each material type accepted and multiplying by: 
(A) the total amounts of alternative daily cover used, 
(B) the total amounts of alternative intermediate cover used, and/or 
(C) the total amounts of other beneficial reuse material used. 
(c) For every load received during the entire quarter, an operator shall track the tons of each of the following types of solid waste disposed at the landfill, allocated to each jurisdiction: 
(1) C&D debris/inert debris, 
(2) designated waste, by material type, and 
(3) disaster waste. 
(d) For all loads not delivered by public contract haulers, an operator shall obtain and maintain a record of the following information: 
(1) the jurisdiction of origin of the waste as set forth in 18810.5, and 
(2) other additional information that the operator has determined will ensure that information provided is accurate. 
(e) An operator shall collect jurisdiction of origin from public contract haulers. The public contract hauler shall provide the jurisdiction of origin as specified in section 18808.7(b). 
(f) If a landfill accepts solid waste from only one jurisdiction, the operator shall assign all the waste to that jurisdiction. 
(g) If an attendant is not present during regular hours of operation, and one cannot be present for the origin survey period set forth in section 18810.6, and the operator does not receive origin information from the haulers delivering waste, then the operator shall assign the waste to the jurisdiction in which the landfill is located by labeling it as “no attendant host assigned” waste. An operator shall report to the agency, the total amounts of solid waste assigned to the host jurisdiction pursuant to 18810.9(c). An operator shall also provide information on host assigned waste to a host jurisdiction if requested pursuant to section 18810.9(g). 
(h) If solid waste is delivered to the facility and information on the jurisdiction of origin is not provided by the delivering hauler or operator as specified in this Article, then the operator shall assign the waste to the jurisdiction in which the landfill is located by labeling it as “host assigned” waste and send written notification to the agency regarding hauler or operator non-compliance as specified in section 18810.11. An operator shall report to the agency, the total amounts of solid waste assigned to the host jurisdiction pursuant to 18810.9(c). An operator shall also provide information on host assigned waste to a host jurisdiction if requested pursuant to section 18810.9(g). 
(i) If a landfill conducts continuous daily origin surveys as set forth in section 18810.6(a) and accepts solid waste from more than one jurisdiction, then the operator shall assign the waste tonnage based on the actual jurisdiction of origin information reported by haulers and station operators. If a landfill also conducts origin surveys for uncompacted loads of 12 cubic yards or less during at least a one-week per quarter survey period, the operator shall estimate the amount of waste assigned to each jurisdiction as described in subsection (k) and add these tonnage allocations to the tonnage allocations that were based on daily origin survey information. 
(j) If a landfill in a rural jurisdiction accepts solid waste from more than one jurisdiction and only conducts origin surveys during one week per quarter as set forth in section 18810.6(b), the operator shall do the following steps in order: 
(1) Obtain information on the jurisdiction(s) of origin for each load of solid waste delivered to the landfill on the dates set forth in section 18810.6(b). 
Example: 

	Four loads delivered during the survey week. 
	Load 1 = 5 tons from City A 
	Load 2 = 5 tons from City B 
	Load 3 = 10 tons from City C 
	Load 4 = 5 tons from City B 
(2) Calculate the tons of solid waste (other than soil used as cover or for other on-site uses) assigned to each jurisdiction during the survey week. The operator shall either add up the amounts accepted from each jurisdiction, or the amounts of solid waste from each jurisdiction after adjusting for diversion activity at the landfill. 

	Example: 
	City A = 5 tons (Load 1) 
	City B = 10 tons (Load 2 + Load 4) 
	City C = 10 tons (Load 3) 
(3) Calculate the percentage of waste assigned to each jurisdiction during the survey week by dividing the tons determined in paragraph (2) by the total tons of waste for the survey period. 
Example: 

	25 tons delivered during the survey week. 
	City A = 5 tons/25 tons = 0.2 (20%) 
	City B = 10 tons/25 tons = 0.4 (40%) 
	City C = 10 tons/25 tons = 0.4 (40%) 
(4) Calculate the number of tons disposed from each jurisdiction during the quarter by multiplying the percentage from paragraph (3) with the total number of tons of solid waste disposed in each quarter from section 18810.9(a). 
Example: 

	1000 tons disposed during quarter. 
	City A = 0.2 x 1000 tons = 200 tons 
	City B = 0.4 x 1000 tons = 400 tons 
	City C = 0.4 x 1000 tons = 400 tons 
(k) If an operator conducts origin surveys of each uncompacted load of solid waste with a volume of 12 cubic yards or less during a one-week survey period each quarter pursuant to section 18810.6(c), then the operator shall calculate the estimated tons of solid waste delivered in these loads from each jurisdiction for the quarter. The calculated tonnage allocations shall be based on the actual origin information reported by haulers during the survey period. The operator shall do the following steps in order. 
(1) Obtain information on the jurisdiction(s) of origin for each uncompacted load with a volume of 12 cubic yards or less delivered to the landfill on the dates set forth in section 18810.6(c). 
Example: 
Four uncompacted loads of 12 cubic yards or less delivered during the survey week. 

	Load 1 = 0.5 ton from City A 
	Load 2 = 0.5 ton from City B 
	Load 3 = 0.5 ton from City C 
	Load 4 = 0.5 ton from City B 
(2) Calculate the tons of solid waste (other than soil used as cover or for other on-site uses) delivered in uncompacted loads of 12 cubic yards or less assigned to each jurisdiction during the survey week. The operator shall either add up the amounts accepted from each jurisdiction, or the amounts of solid waste from each jurisdiction after adjusting for diversion activity at the landfill. 
Example: 

	City A = 0.5 ton (Load 1) 
	City B = 1 ton (Load 2 + Load 4) 
	City C = 0.5 ton (Load 3) 
(3) Calculate the percentage of solid waste assigned to each jurisdiction during the survey week by dividing the tons determined in paragraph (2) by the total tons of solid waste delivered in uncompacted loads of 12 cubic yards or less during the survey week. 
Example: 
2 tons delivered in uncompacted loads of 12 cubic yards or less during survey week. 

	City A = 0.5 ton/2 tons = 0.25 (25%) 
	City B = 1 ton/2 tons = 0.5 (50%) 
	City C = 0.5 ton/2 tons = 0.25 (25%) 
(4) Calculate the number of tons delivered in uncompacted loads of 12 cubic yards or less and disposed from each jurisdiction during the quarter by multiplying the percentages from paragraph (3) with the total tons of solid waste disposed during the quarter that were delivered in uncompacted loads of 12 cubic yards or less. 
Example: 
100 tons delivered in uncompacted loads of 12 cubic yards or less and disposed during the quarter. 

	City A = 0.25 X 100 tons = 25 tons 
	City B = 0.5 X 100 tons = 50 tons 
	City C = 0.25 X 100 tons = 25 tons 
NOTE

Authority cited: Sections 40502, 41781.3, 41821.5, 43020 and 43021, Public Resources Code. Reference: Sections 40508, 41821.5, 42245, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18810.8. Applicability of Alternative Reporting Systems.
Note     •     History

(a) An agency may establish alternative requirements with which an operator must comply as set forth in section 18812.8. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18810.9. Landfill Disposal Reports: Content, Timing, and Distribution.
Note     •     History

(a) The following requirements shall apply to an operator of a permitted landfill: 
(1) An operator shall determine the total number of tons of solid waste disposed in each quarter. The tons disposed shall be the same number of tons reported to the Board of Equalization that are subject to the fee pursuant to section 48000 of the Public Resources Code and section 45151 of the Revenue and Taxation Code. 
(2) An operator of a facility that does not have to report tons disposed to the Board of Equalization pursuant to section 48007(b) of the Public Resources Codes (as added by Stats. 1999, Chapter 600), is still required to determine the total number of tons of solid waste disposed in each quarter. However, for these facilities, the tons disposed will not have to be reconciled with the tons reported to the Board of Equalization. 
(3) An operator of a facility that has been exempted from the fee pursuant to section 48006 of the Public Resources Code is still required to report the total number of tons of solid waste disposed in each quarter. However, for these facilities, the tons disposed will not have to be reconciled with the tons reported to the Board of Equalization that are subject to the fee. 
(b) An operator shall track the total tons of solid waste accepted by the landfill and sent off-site for reuse, recycling, or composting. 
(c) An operator shall provide the following quarterly information to the agency in which the facility is located. An operator shall keep copies of the quarterly information and all supporting documentation used to prepare the information pursuant to the record keeping requirements in section 18810.4. An operator shall report, by jurisdiction of origin (including host assigned jurisdiction of origin, if applicable), information on the amounts and types of all solid waste specified in this subsection. The operator shall report: 
(1) the facility name and Solid Waste Information System (SWIS) number, 
(2) the reporting quarter and year, 
(3) the total tons of all solid waste and all materials accepted at the facility, excluding soil used on-site, 
(4) the total tons of waste reused on-site at the facility, separated as follows: 
(A) the total tons of each type of alternative daily cover used during the quarter, and 
(B) the total tons of each type of alternative intermediate cover used during the quarter, and 
(5) the total tons of solid waste disposed at the landfill. 
(d) An operator shall provide quarterly summary information to the agency in which the facility is located. The summary information shall include: 
(1) the total tons of soil used as cover or for other on-site uses during the quarter, 
(2) the total tons of solid waste accepted by the landfill, excluding soil used on-site, 
(3) the total tons of solid waste used on-site, separated as follows: 
(A) the total tons of each type of alternative daily cover, 
(B) the total tons of each type of alternative intermediate cover, and 
(C) the total tons of each type of other beneficial reuse material, 
(4) the total tons of solid waste sent off-site for reuse, recycling, or composting, 
(5) the total tons of solid waste disposed at the landfill, 
(6) the total tons reported to the Board of Equalization subject to the fee pursuant to section 48000 of the Public Resources Code and section 45151 of the Revenue and Taxation Code, 
(7) either: 
(A) the estimated in-place density achieved at the landfill in units of pounds of waste per cubic yard of waste and the estimated waste-to-cover ratio used at the landfill during the quarter, or 
(B) the airspace utilization factor (tons of waste per cubic yard of landfill airspace) for the quarter, and 
(This information shall be included in the quarterly report so that the Board may accurately calculate the remaining capacity of the landfill as well as regional and statewide remaining capacity. It is not the intent of this section to subject a landfill to a Notice of Violation should it subsequently be determined that these estimates are unknowingly inaccurate.) 
(8) a brief summary of the methods used to determine the jurisdictions of origin. 
(e) Upon request, an operator shall provide the agency in which the facility is located with a copy of the Integrated Waste Management Fee Return submitted to the Board of Equalization. 
(f) The operator shall provide all quarterly information to the agency by the due dates in section 18810.10. 
(g) Upon request by a jurisdiction, an operator shall provide all quarterly information pertaining to the jurisdiction by the due dates in section 18810.10. In lieu of sending quarterly disposal information directly to a jurisdiction, an operator may electronically submit the information to the Board using a format that would allow the Board to make the information available on its web site. In addition to the amounts reported in subsection (c)(3) through (5), a jurisdiction's request for quarterly disposal information may include: 
(1) the total tons of each type of other beneficial reuse material (excluding alternative daily cover and alternative intermediate cover), 
(2) the total tons of C&D debris/inert debris disposed, 
(3) the total tons of each type of designated waste disposed, and 
(4) the total tons of disaster waste disposed. 
(h) An operator shall send an annual report on disposal reporting methods to the agency in which the facility is located. An operator shall send the annual report by the due date in section 18810.10. An operator shall keep a copy of the annual report in the facility's records pursuant to section 18810.4. The report shall cover each year beginning on January 1 and ending on December 31 and shall include the following: 
(1) facility name and Solid Waste Information System (SWIS) number, 
(2) operator name, 
(3) operator mailing address, 
(4) operator telephone number, 
(5) operator email address, if available, 
(6) the number and type of scales, if applicable, 
(7) all volumetric conversion factors used for each vehicle and/or trailer type and/or load type and a description of the method used to determine the conversion factors pursuant to section 18810.2(d)(1) or (e), 
(8) the frequency of each type of origin survey, 
(9) the percentage of the total tons of disposed waste assigned to each jurisdiction that was based on: 
(A) origin information collected during a one-week per quarter survey period as allowed in section 18810.6(b) or 18810.6(c), if applicable, and 
(B) volumetric conversion factors rather than actual weight measurements, 
(10) the method(s) of determining jurisdiction of origin, including the questions gatehouse attendants ask haulers, 
(11) the method(s) used to verify origin information, if applicable, 
(12) any restrictions on which jurisdictions may use the landfill, 
(13) any differences in landfill tipping fees based on jurisdiction of origin, 
(14) a listing or description of the computer program(s) or method used to track waste tonnage and origin information, 
(15) the method(s) used to track the amounts of alternative daily cover, alternative intermediate cover, and other beneficial reuse materials used at the facility, 
(16) the method(s) used to track C&D debris/inert debris loads, if applicable, 
(17) the designated waste types accepted and method(s) of tracking designated wastes, if applicable, 
(18) the method(s) used to track disaster waste loads, if applicable, 
(19) the days and hours of operation, including all significant variations in the schedule during the reporting year, and 
(20) either: 
(A) the calculated in-place waste density achieved at the landfill (in pounds of waste per cubic yard of waste) and a description of the method used to calculate in-place waste density achieved at the landfill, and the calculated waste-to-cover ratio used at the landfill and a description of the method used to calculate the waste-to-cover ratio(s) used at the landfill or 
(B) the airspace utilization factor (tons of waste per cubic yard of landfill airspace) and a description of the method used to calculate the airspace utilization factor. 
(This information shall be included in the annual report so that the Board may accurately calculate the remaining capacity of the landfill as well as regional and statewide remaining capacity. It is not the intent of this section to subject a landfill to a Notice of Violation should it subsequently be determined that these estimates are unknowingly inaccurate). 
(i) If the Board determines that an operator has inaccurately reported alternative daily cover, alternative intermediate cover, other beneficial reuse, or other diversion tonnage, that should have been reported as disposal, the operator shall revise its reported disposal tonnage to reflect the Board's determination and pay the fee required by section 48000 of the Public Resources Code. 
(j) If an operator amends disposal reporting information, the operator is only required to provide the amended information to the agency once per quarter (the operator shall still allow access to records in accordance with section 18810.4). An operator is not required to provide amended disposal information for reporting years once the Board has completed the biennial review cycle for those years pursuant to section 41825 of the Public Resources Code. 
NOTE

Authority cited: Sections 40502, 41781.3, 41821.5, 43020 and 43021, Public Resources Code. Reference: Sections 40508, 41821.5, 42245, 43020 and 43021, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18810.10. Disposal Reporting Due Dates for a Landfill.
Note     •     History

(a) An operator of a landfill shall send a quarterly report to the agency in which the facility is located as described in sections 18810.9(c), (d), and (e), if applicable. If requested by a jurisdiction, the operator shall also send the quarterly disposal information to the jurisdiction as set forth in section 18810.9(g). An operator shall send the report by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year. 
(b) An operator of a landfill shall send an annual report on disposal reporting methods to the agency in which the facility is located, as described in section 18810.9(h). An operator shall send this annual report by March 15 for the previous year. An operator shall respond to requests for clarification regarding jurisdiction of origin allocations as specified in section 18810.4. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18810.11. Non-Compliance.
Note     •     History

(a) A hauler or operator shall inform the agency if a hauler or operator fails to comply with this Article by not providing the operator with information required for the preparation of quarterly disposal reports. The hauler or operator shall send written information on specific allegations of non-compliance to the agency by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year. 
(b) A hauler or operator may inform the agency of other non-compliance issues concerning a hauler or operator. The hauler or operator shall send written information on specific allegations to the agency. 
(c) A hauler or operator may inform the Board if an agency fails to comply with this Article. A hauler or operator shall send written information on specific allegations of agency non-compliance to the Board. 
(d) Allegations of non-compliance shall be handled in accordance with the process set forth in section 18804. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18811. Disposal Reporting Requirements for a Transformation Facility.
Note     •     History

(a) Sections 18811.1 through 18811.11 establish the requirements for a transformation facility as follows: 

(1) Signage at a Transformation Facility 	Section 18811.1 

(2) Scales and Weighing Requirements at a 
Transformation Facility 	Section 18811.2 

(3) Training Requirements for a Transformation 
Facility 	Section 18811.3 

(4) Transformation Facility Records: Retention, 
Access, and Investigations 	Section 18811.4 

(5) Identifying Jurisdiction of Origin 	Section 18811.5 

(6) Frequency of Origin Surveys 	Section 18811.6 

(7) Determining Origin of Waste at a Transformation 
Facility 	Section 18811.7 

(8) Applicability of Alternative Reporting Systems 	Section 18811.8 

(9) Transformation Facility Disposal Reports: 
Content, Timing, and Distribution 	Section 18811.9 

(10) Disposal Reporting Due Dates for a Transformation 
Facility 	Section 18811.10 

(11) Non-compliance 	Section 18811.11 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. Repealer and new section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18811.1. Signage at a Transformation Facility.
Note     •     History

(a) An operator may post a sign regarding the collection of waste origin information during the origin survey period specified in section 18811.6(a) or (b). 
(b) The sign may include the following: 
(1) “State law requires information on where your waste is from. Be prepared to provide it to the attendant.” or 
(2) “Be prepared to tell the attendant where your waste is from.” or 
(3) Other wording reasonably similar to the wording in subsection (1) or (2). 
(c) The sign may be translated into additional languages, including but not limited to Spanish. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18811.2. Scales and Weighing Requirements at a Transformation Facility.
Note     •     History

(a) An operator of a transformation facility shall weigh every uncompacted load of solid waste greater than 12 cubic yards. An operator shall also weigh every compacted load of waste. For each uncompacted load less than or equal to 12 cubic yards that is not weighed, an operator shall use volumetric conversion factors to estimate weight as described in subsection (b). If a transformation facility's scales are inoperable for a period of time, the operator shall estimate the weight of solid waste using volumetric conversion factors as described in subsection (b) until the scales are back in operation. 
(b) For all solid waste that a transformation facility operator is allowed to not weigh with scales, the operator shall use reasonable, volumetric conversion factors to estimate the weight of the waste. Volumetric conversion factors used at a transformation facility shall meet the following guidelines: 
(1) A volumetric conversion factor for a given vehicle and/or trailer type and/or load type (e.g. C&D debris/inert debris load) shall be derived from the average of actual weight data collected for the vehicle and/or trailer type and/or load type during a seven-day minimum weighing period conducted at least every five years. The operator shall determine individual volumetric conversion factors for all the types of vehicles and/or trailers that haul waste to the transformation facility and/or all types of loads hauled to the facility. The weight data for each vehicle and/or trailer type and/or load type shall be based on a statistically representative sample of vehicles and/or trailers and/or loads. 
(2) All volumetric conversion factors for each vehicle and/or trailer type and/or load type and a description of the method used to determine the conversion factors shall be included in the transformation facility's annual report of disposal reporting methods as set forth in 18811.9(f). 
(3) All volumetric conversion factors and supporting calculations and documentation shall be made available for Board review staff upon request pursuant to section 18811.4. 
(4) If the Board determines that volumetric conversion factors are not reasonable or adequately supported, the Board may require the operator to collect new weight data to establish new volumetric conversion factors. 
(c) An operator of a transformation facility may submit a request to implement an alternative weighing system (for example, using off-site scales). An alternative weighing system must meet the minimum weighing requirements of this section. An operator shall submit a request to implement an alternative weighing system to the Board as set forth in subsections (d) through (g). 
(d) A transformation facility operator's request to implement an alternative weighing system shall include the following minimum information: 
(1) transformation facility name, 
(2) transformation facility Solid Waste Information System (SWIS) number, 
(3) transformation facility address, 
(4) operator name, 
(5) operator mailing address, 
(6) operator telephone number, 
(7) operator email address, if available, 
(8) justification for the alternative weighing system, such as use of off-site scales, 
(9) annual average weight (or annual average volume) of waste accepted per day of operation, and 
(10) volumetric conversion factors to be used to estimate weight. 
(e) Prior to submitting a request to implement an alternative weighing system, an operator shall provide at least a 30-day notice of the proposed request to, and accept and respond to comments from applicable parties including: 
(1) haulers that dispose of waste at the transformation facility, 
(2) the agency in which the transformation facility is located, 
(3) jurisdictions that dispose of waste at the transformation facility, and 
(4) the Local Task Force established pursuant to section 18761 of this Division. 
(f) An operator shall send a request to implement an alternative weighing system to Board staff for review. The operator shall also send documentation showing that applicable parties were notified and include a copy of the responses to comments received on the request. 
(g) Within 30 working days from receipt of a request, Board staff shall inform the operator, in writing, that the request is complete and accepted for filing, or that the request is deficient and what specific information is still required. Board staff shall approve or disapprove the request within 60 working days from the date the request is deemed complete. The operator may appeal the Board staff determination to the Board. 
(h) If subsequent to an approval of a request to implement an alternative weighing system, the Board determines a transformation facility no longer meets the criteria of this section, the Board may rescind the approval. 
(i) Nothing in this Article shall prevent an operator from weighing more loads than the minimum required by this section as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to weigh more loads than the minimum required by this section, based upon its own authority to impose requirements on that operator. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18811.3. Training Requirements for a Transformation Facility.
Note     •     History

(a) An operator shall provide training on the disposal reporting system to each gatehouse attendant and disposal report preparer and to other employees who must comply with the requirements of this Article. Training for a gatehouse attendant and report preparer shall cover the content of this Article as it applies to the employees' job duties. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18811.4. Transformation Facility Records: Retention, Access, and Investigations.
Note     •     History

(a) An operator shall prepare disposal reporting records and shall: 
(1) Include all information, methods, and calculations required by this Article. 
(2) Keep quarterly documentation that verifies jurisdiction of origin allocations reported to the agency in which the transformation facility is located pursuant to section 18811.9(b). 
(3) Use a reasonable method to gather the information, such as locally required or facility specific reporting forms, electronic systems, or the optional paper or electronic reporting forms developed by the Board. 
(4) Maintain all records for three years in a usable format, such as on electronic media (computer files) or paper copies. 
(5) Allow representatives of involved jurisdictions, the agency, haulers, operators, districts, and the Board to inspect the records during normal business hours in a single location within California. Haulers and operators shall only be allowed to inspect records relating to their own operations. An operator is not required to provide records of a jurisdiction's disposal information for reporting years for which the Board has already completed the biennial review cycle for the applicable jurisdiction pursuant to section 41825 of the Public Resources Code. 
(A) Upon a request to review records, the operator shall make the records promptly available for inspection. The operator shall respond to the request within ten days, but may indicate that additional time is necessary to make the records available due to time necessary to search for, collect and examine records to respond to the request. In no case shall the inspection be delayed more than an additional 14 days, unless agreed to by the requestor. 
(B) If copies of specific records are requested, either in lieu of inspection or after inspection, the operator shall respond to the request for copies within ten days, but may indicate that additional time is necessary to make the copies due to time necessary to search for, collect, and examine records to respond to the request. In no case shall the copies be delayed more than an additional 14 days, unless agreed to by the requestor. The operator may charge a fee to cover the actual cost of copying. In no case shall the fee exceed ten cents per page, unless local public records act requirements establish another rate. 
(C) If a hauler or operator believes that a records request includes information that has been labeled confidential or proprietary by the entity providing that information as defined in sections 17044 through 17046, the operator shall inform the Board. The Board shall use the procedures set forth in section 17046 to determine which records, or parts of records, may be inspected. 
(b) An operator shall respond to requests for clarification regarding their records within ten days. Requests must be specific and clearly stated in writing. 
(c) The Board may investigate all information, methods, and calculations pursuant to this Article. If the Board determines that any information is inaccurate, the Board may require corrected information. 
(d) If an operator that is a jurisdiction, fails to comply with this section, and that failure prevents the Board from accurately determining the jurisdiction's level of Source Reduction and Recycling Element implementation, the Board may initiate the process to issue a compliance order as set forth in section 41825 of the Public Resources Code. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18811.5. Identifying Jurisdiction of Origin.
Note     •     History

(a) When required by this Article: 
(1) An operator shall identify a jurisdiction by providing its name and specifying whether it is a city, an unincorporated county, or a region. 
(2) If expressly allowed by the region, an operator may identify waste from a region formed pursuant to sections 40970 through 40975 of the Public Resources Code as originating in that region, without specifying the individual cities or unincorporated counties, unless otherwise required by the Board. 
(3) An operator shall identify waste imported from outside California by specifying the state, country, or Indian country of origin. 
(b) Nothing in this Article shall prevent an agency, district, or jurisdiction from enacting ordinances or other measures to ensure that operators and haulers provide additional jurisdiction of origin information. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18811.6. Frequency of Origin Surveys.
Note     •     History

(a) At all permitted transformation facilities, origin surveys shall be conducted continuously, each day of facility operation, for every load, except as described in subsections (b), (c), and (d). 
(b) An operator of a transformation facility located in a rural city or county, as defined in sections 40183 and 40184 of the Public Resources Code, may conduct origin surveys as specified in subsection (a) or may conduct origin surveys during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). During the standard survey weeks, every load of solid waste shall be surveyed to determine jurisdiction of origin. 
(c) At all permitted transformation facilities, origin surveys of each uncompacted load of waste with a volume of 12 cubic yards or less may be conducted as specified in subsection (a) or may be conducted during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). Daily origin surveys shall be conducted for all other loads as specified in subsection (a). 
(d) Origin surveys are not required if: 
(1) a facility is located in a Board-approved region, the region has authorized the operator to assign all waste tonnage to the region, and the Board does not otherwise require the region to assign waste to the individual cities or unincorporated counties of the region, or 
(2) a city or county in which a transformation facility is located authorizes the facility operator to assign all waste tonnage to that city or county. 
(e) Nothing in this Article shall prevent an operator from collecting additional information as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to conduct origin surveys more frequently or to collect additional information, based upon its own authority to impose requirements on that operator. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18811.7. Determining Origin of Waste at a Transformation Facility.
Note     •     History

(a) An operator shall determine the origin of all solid waste during the origin survey period set forth in section 18811.6. 
(b) During the entire quarter, an operator who sends solid waste to another facility within California shall provide the operator of that facility with the jurisdiction of origin for all material in each load identified by the receiving operator as potential alternative daily cover, alternative intermediate cover, or other beneficial reuse material based on actual daily tonnage. An operator shall also inform a receiving operator of the type or types of material being supplied. 
(c) For each load received during the entire quarter, an operator shall track tons of each of the following types of solid waste that underwent transformation, allocated to each jurisdiction: 
(1) C&D debris/inert debris, 
(2) designated waste, by material type, and 
(3) disaster waste. 
(d) For all loads not delivered by public contract haulers, an operator shall obtain and maintain a record of the following information: 
(1) the jurisdiction of origin of the waste as set forth in 18811.5, and 
(2) other additional information that the operator has determined will ensure that jurisdiction of origin information provided is accurate. 
(e) An operator shall collect jurisdiction of origin from public contract haulers. The public contract hauler shall provide the jurisdiction of origin as specified in section 18808.7(b). 
(f) If a transformation facility accepts solid waste from only one jurisdiction, the operator shall assign all the waste to that jurisdiction. 
(g) If an attendant is not present during regular hours of operation, and one cannot be present for the origin survey period set forth in section 18811.6, and the operator does not receive origin information from the haulers delivering waste, then the operator shall assign the waste to the jurisdiction in which the facility is located by labeling it as “no attendant host assigned” waste. An operator shall report to the agency, the total amounts of solid waste assigned to the host jurisdiction pursuant to 18811.9(b). An operator shall also provide information on host assigned waste to a host jurisdiction if requested pursuant to section 18811.9(e). 
(h) If solid waste is delivered to the facility and information on the jurisdiction of origin is not provided by the delivering hauler or operator as specified in this Article, then the operator shall assign the waste to the jurisdiction in which the facility is located by labeling it as “host assigned” waste and send written notification to the agency regarding hauler or operator non-compliance as specified in section 18811.11. An operator shall report to the agency, the total amounts of solid waste assigned to the host jurisdiction pursuant to 18811.9(b). An operator shall also provide information on host assigned waste to a host jurisdiction if requested pursuant to section 18811.9(e). 
(i) If a transformation facility that conducts continuous daily origin surveys as set forth in section 18811.6(a) accepts solid waste from more than one jurisdiction, then the operator shall assign the waste based on the actual jurisdiction of origin information reported by haulers and station operators. If a transformation facility also conducts origin surveys for uncompacted loads of 12 cubic yards or less during at least a one-week per quarter survey period, the operator shall estimate the amount of waste assigned to each jurisdiction as described in subsection (k) and add these tonnage allocations to the tonnage allocations that were based on daily origin survey information. 
(j) If a transformation facility in a rural jurisdiction accepts solid waste from more than one jurisdiction and only conducts origin surveys during one week per quarter as set forth in section 18811.6(b), the operator shall do the following steps in order: 
(1) Obtain information on the jurisdiction(s) of origin for each load of waste delivered to the facility on the dates set in section 18811.6(b). 
Example: 

	Four loads delivered during the survey week. 
	Load 1 = 5 tons from City A 
	Load 2 = 5 tons from City B 
	Load 3 = 10 tons from City C 
	Load 4 = 5 tons from City B 
(2) Calculate the tons of solid waste assigned to each jurisdiction during the survey week. The operator shall either add up the tons of solid waste accepted from each jurisdiction, or the amounts of solid waste that underwent transformation from each jurisdiction after adjusting for front-end diversion at the transformation facility. 
Example: 

	City A = 5 tons (Load 1) 
	City B = 10 tons (Load 2 + Load 4) 
	City C = 10 tons (Load 3) 
(3) Calculate the percentage of waste assigned to each jurisdiction during the survey week by dividing the tons from paragraph (2) by the total tons of solid waste for the survey period. 
Example: 

	25 tons delivered during the survey week. 
	City A = 5 tons/25 tons = 0.2 (20%) 
	City B = 10 tons/25 tons = 0.4 (40%) 
	City C = 10 tons/25 tons = 0.4 (40%) 
(4) Calculate the number of tons of solid waste that underwent transformation from each jurisdiction during the quarter by multiplying the percentage from paragraph (3) with the total tons of solid waste that underwent transformation in each quarter. 
Example: 

	1000 tons of solid waste underwent transformation during the quarter.
	City A = 0.2 x 1000 tons = 200 tons 
	City B = 0.4 x 1000 tons = 400 tons 
	City C = 0.4 x 1000 tons = 400 tons 
(k) If an operator conducts origin surveys of each uncompacted load of solid waste with a volume of 12 cubic yards or less during a one-week survey period each quarter pursuant to section 18811.6(c), then the operator shall calculate the estimated tons of solid waste delivered in these loads from each jurisdiction for the quarter. The calculated tonnage allocations shall be based on the actual origin information reported by haulers during the survey period. The operator shall do the following steps in order. 
(1) Obtain information on the jurisdiction(s) of origin for each uncompacted load with a volume of 12 cubic yards or less delivered to the transformation facility on the dates set forth in section 18811.6(c). 
Example: 
Four uncompacted loads of 12 cubic yards or less delivered during the survey week. 

	Load 1 = 0.5 ton from City A 
	Load 2 = 0.5 ton from City B 
	Load 3 = 0.5 ton from City C 
	Load 4 = 0.5 ton from City B 
(2) Calculate the tons of solid waste delivered in uncompacted loads of 12 cubic yards or less assigned to each jurisdiction during the survey week. The operator shall either add up the tons of solid waste accepted from each jurisdiction, or the amounts of solid waste that underwent transformation from each jurisdiction after adjusting for front-end diversion at the transformation facility. 
Example: 

	City A = 0.5 ton (Load 1) 
	City B = 1 ton (Load 2 + Load 4) 
	City C = 0.5 ton (Load 3) 
(3) Calculate the percentage of solid waste assigned to each jurisdiction during the survey week by dividing the tons determined in paragraph (2) by the total tons of solid waste delivered in uncompacted loads of 12 cubic yards or less during the survey week. 
Example: 
2 tons delivered in uncompacted loads of 12 cubic yards or less during the survey week. 

	City A = 0.5 ton/2 tons = 0.25 (25%) 
	City B = 1 ton/2 tons = 0.5 (50%) 
	City C = 0.5 ton/2 tons = 0.25 (25%) 
(4) Calculate the number of tons delivered in uncompacted loads of 12 cubic yards or less that underwent transformation from each jurisdiction during the quarter by multiplying the percentages from paragraph (3) with the total tons of solid waste that underwent transformation during the quarter that were delivered in uncompacted loads of 12 cubic yards or less. 
Example: 
100 tons were delivered in uncompacted loads of 12 cubic yards or less and underwent transformation during the quarter. 

	City A = 0.25 X 100 tons = 25 tons 
	City B = 0.5 X 100 tons = 50 tons 
	City C = 0.25 X 100 tons = 25 tons 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18811.8. Applicability of Alternative Reporting Systems.
Note     •     History

(a) An agency may establish alternative requirements with which an operator must comply as set forth in section 18812.8. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18811.9. Transformation Facility Disposal Reports: Content, Timing, and Distribution.
Note     •     History

(a) An operator shall track the total tons of solid waste accepted by the facility and sent off-site for reuse, recycling, or composting. 
(b) An operator shall provide the following quarterly information to the agency in which the facility is located. An operator shall keep copies of the quarterly information and all supporting documentation used to prepare the information pursuant to the record keeping requirements in section 18811.4. An operator shall report, by jurisdiction of origin (including host assigned jurisdiction of origin, if applicable), information on the amounts and types of all solid waste specified in this subsection. The operator shall report: 
(1) the facility name and Solid Waste Information System (SWIS) number, 
(2) the reporting quarter and year, 
(3) the total tons of solid waste accepted at the facility, 
(4) the total tons of each type of material from each jurisdiction identified for potential reuse as: 
(A) alternative daily cover, and 
(B) alternative intermediate cover, 
(5) the total tons from each jurisdiction that underwent transformation, and 
(c) An operator shall provide quarterly summary information to the agency in which the facility is located. The summary information shall include: 
(1) the total tons of solid waste accepted at the facility, 
(2) the total tons of solid waste identified for potential reuse, separated as follows: 
(A) the total tons of each type of alternative daily cover, 
(B) the total tons of each type of alternative intermediate cover, and 
(C) the total tons of each type of other beneficial reuse material, 
(3) the total tons of other solid waste sent off-site for reuse, recycling, or composting, 
(4) the total tons of all solid waste that underwent transformation, 
(5) the total tons of untreated ash resulting from the transformation process, and 
(6) a brief summary of the methods used to determine the jurisdictions of origin. 
(d) The operator shall provide the quarterly information in subsections (b) and (c) to the agency by the due dates in section 18811.10. 
(e) Upon request by a jurisdiction, an operator shall provide all quarterly information pertaining to the jurisdiction by the due dates in section 18811.10. In lieu of sending quarterly disposal information directly to a jurisdiction, an operator may electronically submit the information to the Board using a format that would allow the Board to make the information available on its web site. In addition to the amounts reported in subsection (b)(3) through (5), a jurisdiction's request for quarterly information may include: 
(1) the total tons of each type of material identified as other potential beneficial reuse material (excluding alternative daily cover and alternative intermediate cover), 
(2) the total tons of C&D debris/inert debris that underwent transformation, 
(3) the total tons of each type of designated waste that underwent transformation, and 
(4) the total tons of disaster waste that underwent transformation. 
(f) An operator shall send an annual report on disposal reporting methods to the agency in which the facility is located. An operator shall send the annual report by the due date in section 18811.10. An operator shall keep a copy of the annual report in the facility's records pursuant to section 18811.4. The report shall cover each year beginning on January 1 and ending on December 31 and shall include the following: 
(1) the facility name and Solid Waste Information System (SWIS) number, 
(2) operator name, 
(3) operator mailing address, 
(4) operator telephone number, 
(5) operator email address, if available, 
(6) all volumetric conversion factors used for each vehicle and/or trailer type and/or load type and a description of the method used to determine the conversion factors in compliance with section 18811.2(b)(1), 
(7) the frequency of each type of origin survey, 
(8) the percentage of the total tons of waste that underwent transformation assigned to each jurisdiction that was based on: 
(A) origin information collected during a one-week per quarter survey period as allowed in section 18811.6(b) or (c), if applicable, and 
(B) volumetric conversion factors rather than actual weight measurements, 
(9) the method(s) of determining jurisdiction of origin, including the questions gatehouse attendants ask haulers, 
(10) the method(s) used to verify origin information, if applicable, 
(11) any restrictions on which jurisdictions may use the facility, 
(12) any differences in transformation facility tipping fees based on jurisdiction of origin, 
(13) a listing or description of the computer program(s) or method used to track waste tonnage and origin information, 
(14) the method(s) used to track C&D debris/inert debris loads, if applicable, 
(15) the designated waste types accepted and method(s) of tracking designated wastes, if applicable, 
(16) the method(s) used to track disaster waste loads, if applicable, 
(17) the final disposition of ash resulting from the transformation process, including the method of ash diversion, if applicable, and 
(18) the days and hours of operation, including all significant variations in the schedule during the reporting year. 
(g) If an operator amends disposal reporting information, the operator is only required to provide the amended information to the agency once per quarter (the operator shall still allow access to records in accordance with section 18811.4). An operator is not required to provide amended disposal information for reporting years once the Board has completed the biennial review cycle for those years pursuant to section 41825 of the Public Resources Code. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18811.10. Disposal Reporting Due Dates for a Transformation Facility.
Note     •     History

(a) An operator of a transformation facility shall send a quarterly report to the agency in which the facility is located as described in sections 18811.9(b) and (c). If requested by a jurisdiction, the operator shall also send a quarterly report to the jurisdiction as set forth in section 18811.9(e). An operator shall send the report by May 31 for the first quarter, August 31 for the second quarter, November 30 for the third quarter, and February 28 for the fourth quarter of the previous year. 
(b) An operator of a transformation facility shall send an annual report on disposal reporting methods to the agency in which the facility is located, as described in section 18811.9(f). An operator shall send this annual report by March 15 for the previous year. An operator shall respond to requests for clarification regarding jurisdiction of origin allocations as specified in section 18811.4. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18811.11. Non-Compliance.
Note     •     History

(a) A hauler or operator shall inform the agency if a hauler or operator fails to comply with this Article by not providing the operator with information required for the preparation of quarterly disposal reports. The hauler or operator shall send written information on specific allegations of non-compliance to the agency by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year. 
(b) A hauler or operator may inform the agency of other non-compliance issues concerning a hauler or operator. The hauler or operator shall send written information on specific allegations to the agency. 
(c) A hauler or operator may inform the Board if an agency fails to comply with this Article. A hauler or operator shall send written information on specific allegations of agency non-compliance to the Board. 
(d) Allegations of non-compliance shall be handled in accordance with the process set forth in section 18804. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18812. Disposal Reporting Requirements for an Agency.
Note     •     History

(a) Sections 18812.1 through 18812.11 establish the requirements for an agency as follows: 

(1) Signage for an Agency 	Section 18812.1 

(2) Scales and Weighing Requirements for an 
Agency 	Section 18812.2 

(3) Training Requirements for an Agency 	Section 18812.3 

(4) Agency Records: Retention, Access, and 
Investigations 	Section 18812.4 

(5) Identifying Jurisdiction of Origin 	Section 18812.5 

(6) Frequency of Origin Surveys 	Section 18812.6 

(7) Determining Origin of Waste for an Agency 	Section 18812.7 

(8) Applicability of Alternative Reporting 
Systems 	Section 18812.8 

(9) Agency Disposal Reports: Content, Timing, 
and Distribution 	Section 18812.9 

(10) Disposal Reporting Due Dates for an 
Agency 	Section 18812.10 

(11) Non-compliance 	Section 18812.11 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. Amendment of subsection (a)(4) and Note filed 11-5-97; operative 11-5-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 45).
3. Change without regulatory effect adding subsection (f) filed 8-25-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 34).
4. Repealer and new section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18812.1. Signage for an Agency. (Not applicable)
History

HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18812.2. Scales and Weighing Requirements for an Agency. (Not applicable)
Note     •     History

NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18812.3. Training Requirements for an Agency.
Note     •     History

(a) An agency shall provide training on the disposal reporting system to each disposal report preparer and to other employees who must comply with the requirements of this Article. Training for a report preparer shall cover the content of this Article as it applies to the report preparer's job duties. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18812.4. Agency Records: Retention, Access, and Investigations.
Note     •     History

(a) An agency shall prepare disposal reporting records and shall: 
(1) Include all information, methods, and calculations required by this Article. 
(2) Keep quarterly documentation that verifies jurisdiction of origin allocations reported to the Board and jurisdictions pursuant to sections 18812.9(a), (c) and (d). 
(3) Use a reasonable method to gather the information, such as locally required or facility specific reporting forms, electronic systems, or the optional paper or electronic reporting forms developed by the Board. 
(4) Maintain all records for three years in a usable format, such as on electronic media (computer files) or paper copies. 
(5) Allow representatives of involved jurisdictions, haulers, operators, districts, and the Board to inspect the records during normal business hours in a single location within California. Haulers and operators shall only be allowed to inspect records relating to their own operations. An agency is not required to provide records of a jurisdiction's disposal information for reporting years for which the Board has already completed the biennial review cycle for the applicable jurisdiction pursuant to section 41825 of the Public Resources Code. 
(A) Upon a request to review records, the agency shall make the records promptly available for inspection. The agency shall respond to the request within ten days, but may indicate that additional time is necessary to make the records available due to time necessary to search for, collect and examine records to respond to the request. In no case shall the inspection be delayed more than an additional 14 days, unless agreed to by the requestor. 
(B) If copies of specific records are requested, either in lieu of inspection or after inspection, the agency shall respond to the request for copies within ten days, but may indicate that additional time is necessary to make the copies due to time necessary to search for, collect, and examine records to respond to the request. In no case shall the copies be delayed more than an additional 14 days, unless agreed to by the requestor. The agency may charge a fee to cover the actual cost of copying. In no case shall the fee exceed ten cents per page, unless local public records act requirements establish another rate. 
(C) If an agency believes that a records request includes information that has been labeled confidential or proprietary by the entity providing that information as defined in sections 17044 through 17046, the agency shall inform the Board. The Board shall use the procedures set forth in section 17046 to determine which records, or parts of records, may be inspected. 
(b) An agency shall respond to requests for clarification regarding their records within ten days. Requests must be specific and clearly stated in writing. 
(c) The Board may investigate all information, methods, and calculations pursuant to this Article. If the Board determines that any information is inaccurate, the Board may require corrected information. 
(d) If an agency fails to comply with this section, and that failure prevents the Board from accurately determining the agency's level of Source Reduction and Recycling Element implementation, the Board may initiate the process to issue a compliance order as set forth in section 41825 of the Public Resources Code. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18812.5. Identifying Jurisdiction of Origin.
Note     •     History

(a) When required by this Article: 
(1) An agency shall identify a jurisdiction by providing its name and specifying whether it is a city, an unincorporated county, or a region. 
(2) If expressly allowed by the region, an operator may identify waste from a region formed pursuant to sections 40970 through 40975 of the Public Resources Code as originating in that region, without specifying the individual cities or unincorporated counties, unless otherwise required by the Board. 
(3) An agency shall identify waste imported from outside California by specifying the state, country, or Indian country of origin. 
(b) Nothing in this Article shall prevent an agency from enacting ordinances or other measures to ensure that operators and haulers provide additional jurisdiction of origin information. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18812.6. Frequency of Origin Surveys.
Note     •     History

(a) At all permitted solid waste facilities, origin surveys shall be conducted continuously, each day of facility operation, for every load, except as described in subsections (b), (c), and (d). 
(b) An operator of a permitted solid waste facility located in a rural city or county, as defined in sections 40183 and 40184 of the Public Resources Code, may conduct origin surveys as specified in subsection (a) or may conduct origin surveys during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to subsections [e] and [f]). During the standard survey weeks, every load of solid waste shall be surveyed to determine jurisdiction of origin. 
(c) At all permitted solid waste facilities, origin surveys of each uncompacted load of waste with a volume of 12 cubic yards or less may be conducted as specified in subsection (a) or may be conducted during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to subsections [e] and [f]). Daily origin surveys shall be conducted for all other loads as specified in subsection (a). 
(d) Origin surveys are not required if: 
(1) a facility is located in a Board-approved region, the region has authorized the operator to assign all waste tonnage to the region, and the Board does not otherwise require the region to assign waste to the individual cities or unincorporated counties of the region, or 
(2) a city or county in which a facility is located authorizes the facility operator to assign all waste tonnage to that city or county. 
(e) If the standard origin survey weeks in subsections (b) and (c) are not representative of disposal activity or facility operation, an agency may request alternative survey weeks that are representative of local conditions. During the alternative survey weeks, every load of solid waste specified in subsections (b) and (c), shall be surveyed to determine jurisdiction of origin. If an agency selects origin survey weeks in addition to the standard survey weeks, the additional weeks shall not require Board staff approval as alternative survey weeks. Continuous origin surveys of every load of solid waste during each day of facility operation includes and exceeds the standard survey week, and shall not require Board staff approval as alternative survey weeks. 
(f) Prior to using alternative survey weeks, the agency shall: 
(1) Provide at least a 30-day notice of the proposed weeks to, and accept and respond to comments from: 
(A) haulers and operators of facilities within the boundaries of the agency, 
(B) jurisdictions that dispose of waste within the boundaries of the agency, and 
(C) Local Task Force established pursuant to section 18761 of this Division. 
(2) Submit the responses to comments received and the list of alternative survey weeks to the Board for review and approval. Within 30 working days from receipt of this material, Board staff shall inform the applicant, in writing, that the information provided is complete and accepted for filing, or that the application is deficient and what specific information is required. Board staff shall approve or disapprove of the alternative survey weeks within 60 working days from the date the agency submits a completed package. The agency may appeal the Board staff determination to the Board. 
(3) Notify all haulers and operators of approval by Board staff prior to the first alternative survey week. 
(g) Nothing in this Article shall prevent an operator from collecting additional information as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to conduct origin surveys more frequently or to collect additional information, based upon its own authority to impose requirements on that operator. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18812.7. Determining Origin of Waste for an Agency.
History

(a) Nothing in this Article shall prevent an agency from requiring an operator to collect additional information to document waste origin from a hauler based upon its own authority to impose requirements on that operator. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18812.8. Applicability of Alternative Reporting Systems.
Note     •     History

(a) An agency shall comply with the system of requirements and performance standards set forth in this Article. To implement the performance standards, an agency may require haulers or operators to follow procedures in addition to those set forth in this Article, if necessary to address local conditions. 
(b) An agency may set up an alternative reporting system that gathers the required information on the amounts and origins of solid waste, and the amounts and origins of alternative daily cover, alternative intermediate cover, and other beneficial reuse by material type from haulers and operators in a different manner than set forth in sections 18808.7 18808.9, 18809.7, 18809.9, 18810.7, 18810.9, 18811.7 and 18811.9. If a system collects at least the required information, during at least the standard origin survey period set forth in section 18812.6, and the system requires disposal information collected to be reported by the same entities, then the system shall not be considered an alternative system, and shall not require Board staff approval as an alternative system. A system that meets or exceeds all of the minimum requirements using methods specified in this Article, shall not be considered an alternative system, and shall not require Board staff approval as an alternative system. If an agency uses an alternative reporting system, that system shall: 
(1) Provide all the information required by this Article. 
(2) Provide information as accurate as required by the system in this Article. 
(3) Provide landfill disposal information consistent with the number of tons reported to the Board of Equalization that are subject to the fee pursuant to section 48000 of the Public Resources Code and section 45151 of the Revenue and Taxation Code. 
(4) Comply with all the provisions of sections 18804, 18808.4, 18808.5, 18808.10, 18808.11, 18809.4, 18809.5, 18809.10, 18809.11, 18810.4, 18810.5, 18810.10, 18810.11, 18811.4, 18811.5, 18811.10, 18811.11, 18812.4, 18812.5, 18812.9, 18812.10, 18812.11, 18813.4, 18813.5, 18813.9, 18813.10, 18813.11, 18814.4, 18814.5, 18814.9, 18814.10, and 18814.11 of this Article. 
(c) Prior to using an alternative reporting system, the agency shall: 
(1) Provide at least a 30-day notice of the proposed system to, and accept and respond to comments from: 
(A) haulers and operators of facilities within the boundaries of the agency, 
(B) jurisdictions within the boundaries of the agency, 
(C) jurisdictions outside the boundaries of the agency that dispose of waste within the boundaries of the agency, and 
(D) the Local Task Force established pursuant to section 18761 of this Division. 
(2) Submit a description of how the alternative system meets the minimum requirements and include a copy of the responses to comments received, to the Board for review and approval. Within 30 working days from receipt of this material, Board staff shall inform the applicant, in writing, that the information provided is complete and accepted for filing, or that the application is deficient and what specific information is still required. Board staff shall approve or disapprove of the alternative system within 60 working days from the date the agency submits a completed package. The agency may appeal the Board staff determination to the Board. 
(3) Notify all haulers and operators of the approval by Board staff prior to using the alternative system. 
(d) If subsequent to approval of an alternative reporting system the Board determines an agency no longer meets the criteria of this section, the Board may rescind the approval. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18812.9. Agency Disposal Reports: Content, Timing, and Distribution.
Note     •     History

(a) An agency shall use information provided by operators of landfills to determine quarterly totals for the amounts of solid waste specified in this subsection. 
(1) For each permitted landfill located within the agency, an agency shall report: 
(A) the facility name and Solid Waste Information System (SWIS) number, 
(B) the reporting year and quarter, 
(C) the total tons of soil accepted by the landfill and used as cover or for other on-site uses, 
(D) the total tons of solid waste accepted at the landfill (excluding soil used on-site), 
(E) the total tons of solid waste used on-site, separated as follows: 
(i) the total tons of each type of alternative daily cover, 
(ii) the total tons of each type of alternative intermediate cover, and 
(iii) the total tons of each type of other beneficial reuse material, 
(F) the total tons of other solid waste accepted at the landfill and sent off-site for reuse, recycling, or composting, 
(G) the total tons of solid waste disposed at the landfill, 
(H) either: 
(i) the estimated in-place density achieved at the landfill in units of pounds of waste per cubic yard of waste and the estimated waste-to-cover ratio used at the landfill, or 
(ii) the airspace utilization factor (tons of waste per cubic yard of landfill airspace), and 
(This information shall be included in the quarterly report so that the Board may accurately calculate the remaining capacity of the landfill as well as regional and statewide remaining capacity. It is not the intent of this section to subject a landfill to a Notice of Violation should it subsequently be determined that these estimates are unknowingly inaccurate.) 
(I) a brief summary of the methods used to determine the jurisdictions of origin. 
(2) For each permitted landfill, located within the agency, an agency shall report the total tons of solid waste allocated to each region, city, and unincorporated county in California and to each state, country, and Indian country from which waste was imported. When applicable, an agency shall also separately report the total tons of waste that were host assigned to a jurisdiction. The agency shall report: 
(A) the tons of all solid waste accepted at each landfill (excluding soil used as cover or for other on-site uses), 
(B) the tons of solid waste reused on-site at the landfill, separated as follows: 
(i) the tons of each type of alternative daily cover used during the quarter, and 
(ii) the tons of each type alternative intermediate cover used during the quarter, and 
(C) the tons of solid waste disposed at each landfill. 
(b) Prior to submitting a quarterly report to the Board, an agency shall verify that the tons of disposal reported by a landfill equal the tons of waste subject to the Integrated Waste Management Fee as reported to the Board of Equalization on the landfill's fee return. If a landfill is not required to report tons disposed to the Board of Equalization as described in sections 18810.9(a)(2) and (3), an agency shall verify that the tons accepted at the facility minus the tons diverted equal the tons reported as disposal. 
(c) An agency shall use information provided by operators of transformation facilities to determine quarterly totals for the amounts of solid waste specified in this subsection. 
(1) For each permitted transformation facility located within the agency, an agency shall report: 
(A) the facility name and Solid Waste Information System (SWIS) number, 
(B) the reporting year and quarter, 
(C) the total tons of all solid waste accepted at each transformation facility, 
(D) the total tons of solid waste identified for potential reuse, separated as follows: 
(i) the total tons of each type of alternative daily cover, 
(ii) the total tons of each type of alternative intermediate cover, and 
(iii) the total tons of each type of other beneficial reuse material, 
(E) the total tons of solid waste sent off-site for reuse, recycling, or composting, 
(F) the total tons of solid waste that underwent transformation, 
(G) the total tons of untreated ash resulting from the transformation process, and 
(H) a brief summary of the methods used to determine the jurisdictions of origin. 
(2) For each permitted transformation facility located within the agency, an agency shall report the total tons of solid waste allocated to each region, city, and unincorporated county in California and to each state, country, and Indian country from which waste was imported. The agency shall report: 
(A) the total tons of all solid waste accepted at each transformation facility, 
(B) the total tons of each type of material identified for potential reuse as: 
(i) alternative daily cover, and 
(ii) alternative intermediate cover, and 
(C) tons of solid waste that underwent transformation at each facility. 
(d) An agency shall use information provided by public contract haulers and station operators to determine quarterly totals for: 
(1) tons exported from California from within the agency, and 
(2) tons exported from California from within the agency allocated to each region, individual city, or individual unincorporated county. For each tonnage allocation, an agency shall identify the name of the disposal site and the state, country, or Indian country to which the waste was sent. 
(e) An agency shall compile this information using an electronic form developed by the Board, the agency's own electronic form that the Board's computer system is capable of converting, or paper forms. In lieu of sending quarterly disposal information directly to a jurisdiction, an agency may electronically submit the information to the Board using a format that would allow the Board to make the information available on its web site. An agency shall send this information to: 
(1) each California jurisdiction within the agency, 
(2) each California jurisdiction outside the agency that uses a facility within the agency, 
(3) any region of which the agency is a member, and 
(4) the Board. 
(f) If an agency does not dispose of solid waste within its boundaries and does not export waste from California from within the agency, the agency shall submit a quarterly report to the Board stating that no waste was disposed within the agency or exported from California from within the agency. 
(g) Each year, an agency shall forward to the Board an annual report on disposal reporting methods from each of the facilities within its boundaries. 
(h) An agency shall provide the required information by the due dates in section 18812.10. 
(i) If an agency receives amended disposal information from a facility operator or a hauler, the agency shall send amended information to the Board and affected jurisdictions according to the schedule set forth in section 18812.10. 
(j) An agency shall keep copies of the information reported pursuant to this section and all supporting documentation used to prepare the information pursuant to the record keeping requirements in section 18812.4. An agency shall also keep a copy of each quarterly station notification received pursuant to section 18809.9(b). 
(k) If a hauler or operator does not provide an agency with required information, then the agency shall send written notification to the Board regarding hauler or operator non-compliance as specified in section 18812.11. 
NOTE

Authority cited: Sections 40502, 41781.3 and 41821.5, Public Resources Code. Reference: Sections 40508 and 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18812.10. Disposal Reporting Due Dates for an Agency.
Note     •     History

(a) An agency shall send a quarterly report to the Board and affected local governments, as set forth in section 18812.9. In lieu of sending disposal information directly to a local government, an agency may electronically submit the information to the Board using a format that would allow the Board to make the information available on its web site. 
(1) An agency shall send the quarterly report by July 15 for the first quarter, October 15 for the second quarter, January 15 for the third quarter of the previous year, and April 15 for the fourth quarter of the previous year. 
(2) If an agency receives amended disposal information from a facility operator or a hauler, the agency shall send the Board and each affected jurisdiction an amended report for each affected quarter of the previous year. In an amended report, the agency shall highlight or otherwise identify changes from the prior version. The agency shall send the amended report between April 15 and May 15 for the previous year. An agency may not submit amended disposal information to the Board after May 15 for the previous year, unless Board staff specifically request amended information from the agency. The agency shall send amended information to the affected jurisdictions as the information becomes available throughout the year. An agency may send the required amended information to jurisdictions at the time of the next quarterly reporting due date. An agency is not required to send amended information more frequently than once a quarter. An agency is not required to provide amended disposal information for reporting years once the Board has completed the biennial review cycle for those years pursuant to section 41825 of the Public Resources Code. 
(b) An agency shall forward an annual report on disposal reporting methods from each of the permitted solid waste facilities within its boundaries to the Board. An agency shall forward the reports by April 15 for the previous year. An agency shall respond to requests for clarification regarding jurisdiction of origin allocations as specified in section 18812.4. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18812.11. Non-Compliance.
Note     •     History

(a) A hauler or operator shall inform the agency if a hauler or operator fails to comply with this Article by not providing the operator with information required for the preparation of quarterly disposal reports. The hauler or operator shall send written information on specific allegations of non-compliance to the agency by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year. The agency shall send written information on specific allegations of non-compliance to the Board no later than 60 working days after receiving information from a hauler or operator. The agency shall also send any additional information it has regarding the allegations of non-compliance in writing. 
(b) A hauler or operator may inform the agency of other non-compliance issues concerning a hauler or operator. The hauler or operator shall send written information on specific allegations to the agency. The agency shall forward written information on specific allegations of non-compliance to the Board no later than 60 working days after receiving information from a hauler or operator. 
(c) An agency shall inform the Board if a hauler or operator fails to comply with this Article by not providing the agency with information required for the preparation of quarterly disposal reports. The agency shall send written information on specific allegations of non-compliance to the Board by July 15 for the first quarter, October 15 for the second quarter, January 15 for the third quarter of the previous year, and April 15 for the fourth quarter of the previous year. 
(d) Allegations of non-compliance shall be handled in accordance with the process set forth in section 18804. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18813. Disposal Reporting Requirements for a Jurisdiction.
Note     •     History

(a) Sections 18813.1 through 18813.11 establish the requirements for a jurisdiction as follows: 

(1) Signage for a Jurisdiction 	Section 18813.1 

(2) Scales and Weighing Requirements for a 
Jurisdiction 	Section 18813.2 

(3) Training Requirements for a Jurisdiction 	Section 18813.3 

(4) Jurisdiction Records: Retention, Access, and 
Investigations 	Section 18813.4 

(5) Identifying Jurisdiction of Origin 	Section 18813.5 

(6) Frequency of Origin Surveys 	Section 18813.6 

(7) Determining Origin of Waste for a Jurisdiction 	Section 18813.7 

(8) Applicability of Alternative Reporting 
Systems 	Section 18813.8 

(9) Jurisdiction Disposal Reports: Content, 
Timing, and Distribution 	Section 18813.9 

(10) Disposal Reporting Due Date Information 	Section 18813.10 

(11) Non-compliance 	Section 18813.11 
(b) If a jurisdiction operates as a waste hauler, the jurisdiction shall also meet the hauler requirements specified in sections 18808.1 through 18808.11. 
(c) If a jurisdiction operates as a station operator, the jurisdiction shall also meet the station requirements specified in sections 18809.1 through 18809.11. 
(d) If a jurisdiction operates as a landfill operator, the jurisdiction shall also meet the landfill requirements specified in sections 18810.1 through 18810.11. 
(e) If a jurisdiction operates as a transformation facility operator, the jurisdiction shall also meet the transformation facility requirements specified in sections 18811.1 through 18811.11. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. New subsections (b)-(c)(4) filed 6-19-95; operative 6-19-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 25).
3. Amendment of subsection (c)(2) filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (c)(2) refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
6. Amendment of subsection (a)(3) and Note filed 11-5-97; operative 11-5-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 45).
7. Change without regulatory effect amending subsection (c) and amending Note filed 6-26-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
8. Repealer and new section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18813.1. Signage for a Jurisdiction. (Not applicable)
History

HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18813.2. Scales and Weighing Requirements for a Jurisdiction. (Not applicable)
History

HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18813.3. Training Requirements for a Jurisdiction.
Note     •     History

(a) A jurisdiction shall provide training on the disposal reporting system to each report preparer and to other employees who must comply with the requirements of this Article. Training for a report preparer shall cover the content of this Article as it applies to the report preparer's job duties. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18813.4. Jurisdiction Records: Retention, Access, and Investigations.
Note     •     History

(a) If a jurisdiction operates as a hauler, then the jurisdiction shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18808.4. 
(b) If a jurisdiction operates as a station operator, then the jurisdiction shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18809.4. 
(c) If a jurisdiction operates as a landfill operator, then the jurisdiction shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18810.4. 
(d) If a jurisdiction operates as a transformation facility operator, then the jurisdiction shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18811.4. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18813.5. Identifying Jurisdiction of Origin.
Note     •     History

(a) When required by this Article: 
(1) A jurisdiction that operates as a hauler or operator shall identify a jurisdiction by providing its name and specifying whether it is a city, an unincorporated county, or a region. 
(2) If expressly allowed by the region, a jurisdiction that operates as a hauler or operator may identify waste from a region formed pursuant to sections 40970 through 40975 of the Public Resources Code as originating in that region, without specifying the individual cities or unincorporated counties, unless otherwise required by the Board. 
(3) A jurisdiction that operates as a hauler or operator shall identify waste imported from outside California by specifying the state, country, or Indian country of origin. 
(b) Nothing in this Article shall prevent a jurisdiction from enacting ordinances or other measures to ensure that operators and haulers provide accurate jurisdiction of origin information. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18813.6. Frequency of Origin Surveys.
Note     •     History

(a) At all permitted solid waste facilities, origin surveys shall be conducted continuously, each day of facility operation, for every load, except as described in subsections (b), (c), and (d). 
(b) An operator of a permitted solid waste facility located in a rural city or county, as defined in sections 40183 and 40184 of the Public Resources Code, may conduct origin surveys as specified in subsection (a) or may conduct origin surveys during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). During the standard survey weeks, every load of solid waste shall be surveyed to determine jurisdiction of origin. 
(c) At all permitted solid waste facilities, origin surveys of each uncompacted load of waste with a volume of 12 cubic yards or less may be conducted as specified in subsection (a) or may be conducted during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). Daily origin surveys shall be conducted for all other loads as specified in subsection (a). 
(d) Origin surveys are not required if: 
(1) a facility is located in a Board-approved region, the region has authorized the operator to assign all waste tonnage to the region, and the Board does not otherwise require the region to assign waste to the individual cities or unincorporated counties of the region, or 
(2) a city or county in which a facility is located authorizes the facility operator to assign all waste tonnage to that city or county. 
(e) Nothing in this Article shall prevent an operator from collecting additional information as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to conduct origin surveys more frequently or to collect additional information, based upon its own authority to impose requirements on that operator. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18813.7. Determining Origin of Waste for a Jurisdiction. (Not applicable)
History

HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18813.8. Applicability of Alternative Reporting Systems.
Note     •     History

(a) An agency may establish alternative requirements with which a jurisdiction must comply as set forth in section 18812.8. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18813.9. Jurisdiction Disposal Reports: Content, Timing, and Distribution.
Note     •     History

(a) A jurisdiction shall use the information provided by agencies and districts pursuant to this Article to determine the tons of solid waste disposed from January 1 to December 31 in each year. A jurisdiction shall use this disposal amount for the purposes of measuring achievement of the 50% goal. This amount shall be the sum of solid waste from the jurisdiction, including: 
(1) the tons disposed at each permitted landfill, 
(2) the tons that underwent transformation at a permitted solid waste facility in excess of 10% of a jurisdiction's adjusted base-year generation as calculated in section 18797.3, and pursuant to section 41783 of the Public Resources Code, 
(3) potential alternative daily cover, alternative intermediate cover, and other beneficial reuse material which is not used in accordance with the conditions set forth in sections 20690, 20700, 20685 of Title 27 of the California Code of Regulations, unless it is otherwise diverted, and 
(4) the tons exported from California, minus any portion of the waste that the jurisdiction proves was diverted. 
(b) In its annual report to the Board pursuant to section 41821(f) of the Public Resources Code, a jurisdiction shall report the amounts determined pursuant to this section. 
(c) In its annual report to the Board, a jurisdiction may also provide additional information related to the tons of waste disposed in California, including “host assigned” waste, or exported from California for disposal. If the jurisdiction provides additional information, the annual report shall describe how it was obtained. 
(d) If a jurisdiction operates as a hauler, the jurisdiction shall also meet the reporting requirements specified in section 18808.9. 
(e) If a jurisdiction operates as a station operator, the jurisdiction shall also meet the reporting requirements specified in section 18809.9. 
(f) If a jurisdiction operates as a landfill operator, the jurisdiction shall also meet the reporting requirements specified in section 18810.9. 
(g) If a jurisdiction operates as a transformation facility operator, the jurisdiction shall also meet the reporting requirements specified in section 18811.9. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780 and 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18813.10. Disposal Reporting Due Date Information.
Note     •     History

(a) An agency is required to send a quarterly report to each affected jurisdiction, as set forth in section 18812.9. Haulers, operators, and districts are required to provide quarterly disposal information as set forth in sections 18808.9, 18809.9, 18810.9, 18811.9, and 18814.9. Disposal information is due according to the following tables: 
Table 1: Due Dates for Information to Facilities 

View Graphic
Table 2: Reports to Agencies, the Board, and Jurisdictions 

View Graphic
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18813.11. Non-Compliance.
Note     •     History

(a) A hauler or operator that is a jurisdiction shall inform the agency if a hauler or operator fails to comply with this Article by not providing the hauler or operator with information required for the preparation of quarterly disposal reports. The hauler or operator shall send information on specific allegations of non-compliance, in writing, to the agency by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year. 
(b) A hauler or operator that is a jurisdiction may inform the agency of other non-compliance issues concerning a hauler or operator. The hauler or operator shall send written information on specific allegations to the agency. 
(c) A jurisdiction may inform the Board if an agency fails to comply with this Article. A jurisdiction shall send written information on specific allegations of agency non-compliance to the Board. 
(d) Allegations of non-compliance shall be handled in accordance with the process set forth in section 18804. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18814. Disposal Reporting Requirements for a District.
Note     •     History

(a) Sections 18814.1 through 18814.11 establish the requirements for a district as follows. 

(1) Signage for a District 	Section 18814.1 

(2) Scales and Weighing Requirements for a 
District 	Section 18814.2 

(3) Training Requirements for a District 	Section 18814.3 

(4) District Records: Retention, Access, and 
Investigations 	Section 18814.4 

(5) Identifying Jurisdiction of Origin 	Section 18814.5 

(6) Frequency of Origin Surveys 	Section 18814.6 

(7) Determining Origin of Waste for a District 	Section 18814.7 

(8) Applicability of Alternative Reporting 
Systems 	Section 18814.8 

(9) District Disposal Reports: Content, Timing, 
and Distribution 	Section 18814.9 

(10) Disposal Reporting Due Dates for a District 	Section 18814.10 

(11) Non-compliance 	Section 18814.11 
(b) If a district operates as a waste hauler, the district shall also meet the hauler requirements specified in sections 18808.1 through 18808.11. 
(c) If a district operates as a station operator, the district shall also meet the station requirements specified in sections 18809.1 through 18809.11. 
(d) If a district operates as a landfill operator, the district shall also meet the landfill requirements specified in sections 18810.1 through 18810.11. 
(e) If a district operates as a transformation facility operator, the district shall also meet the transformation facility requirements specified in sections 18811.1 through 18811.11. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18814.1. Signage for a District.
Note     •     History

(a) If a district operates as a station operator, the district may also meet the provisions specified in section 18809.1. 
(b) If a district operates as a landfill operator, the district may also meet the provisions specified in section 18810.1. 
(c) If a district operates as a transformation facility operator, the district may also meet the provisions specified in section 18811.1. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18814.2. Scales and Weighing Requirements for a District.
Note     •     History

(a) If a district operates as a station operator, the district shall also meet the requirements specified in section 18809.2. 
(b) If a district operates as a landfill operator, the district shall also meet the requirements specified in section 18810.2. 
(c) If a district operates as a transformation facility operator, the district shall also meet the requirements specified in section 18811.2. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18814.3. Training Requirements for a District
Note     •     History

(a) If a district operates as a waste hauler, the district shall also meet the hauler training requirements specified in section 18808.3. 
(b) If a district operates as a station operator, the district shall also meet the station training requirements specified in section 18809.3. 
(c) If a district operates as a landfill operator, the district shall also meet the landfill training requirements specified in section 18810.3. 
(d) If a district operates as a transformation facility operator, the district shall also meet the transformation facility training requirements specified in section 18811.3. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18814.4. District Records: Retention, Access, and Investigations
Note     •     History

(a) If a district operates as a hauler, the district shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18808.4. 
(b) If a district operates as a station operator, the district shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18809.4. 
(c) If a district operates as a landfill operator, the district shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18810.4. 
(d) If a district operates as a transformation facility operator, the district shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18811.4. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18814.5. Identifying Jurisdiction of Origin.
Note     •     History

(a) If a district operates as hauler, the district shall identify a jurisdiction of origin as set forth in section 18808.5. 
(b) If a district operates as station operator, the district shall identify a jurisdiction of origin as set forth in section 18809.5. 
(c) If a district operates as landfill operator, the district shall identify a jurisdiction of origin as set forth in section 18810.5. 
(d) If a district operates as transformation facility operator, the district shall identify a jurisdiction of origin as set forth in section 18811.5. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18814.6. Frequency of Origin Surveys.
Note     •     History

(a) At all permitted solid waste facilities, origin surveys shall be conducted continuously, each day of facility operation, for every load, except as described in subsections (b), (c), and (d). 
(b) An operator of a permitted solid waste facility located in a rural city or county, as defined in sections 40183 and 40184 of the Public Resources Code, may conduct origin surveys as specified in subsection (a) or may conduct origin surveys during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). During the standard survey weeks, every load of solid waste shall be surveyed to determine jurisdiction of origin. 
(c) At all permitted solid waste facilities, origin surveys of each uncompacted load of waste with a volume of 12 cubic yards or less may be conducted as specified in subsection (a) or may be conducted during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). Daily origin surveys shall be conducted for all other loads as specified in subsection (a). 
(d) Origin surveys are not required if: 
(1) a facility is located in a Board-approved region, the region has authorized the operator to assign all waste tonnage to the region, and the Board does not otherwise require the region to assign waste to the individual cities or unincorporated counties of the region, or 
(2) a city or county in which a facility is located authorizes the facility operator to assign all waste tonnage to that city or county. 
(e) Nothing in this Article shall prevent an operator from collecting additional information as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to conduct origin surveys more frequently or to collect additional information, based upon its own authority to impose requirements on that operator. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18814.7. Determining Origin of Waste for a District.
Note     •     History

(a) If a district operates as a waste hauler, the district shall also meet the requirements specified in section 18808.7. 
(b) If a district operates as a station operator, the district shall also meet the requirements specified in section 18809.7. 
(c) If a district operates as a landfill operator, the district shall also meet the requirements specified in section 18810.7. 
(d) If a district operates as a transformation facility operator, the district shall also meet the requirements specified in section 18811.7. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18814.8. Applicability of Alternative Reporting Systems.
Note     •     History

(a) An agency may establish alternative requirements with which a district must comply as set forth in section 18812.8. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18814.9. District Disposal Reports: Content, Timing, and Distribution.
Note     •     History

(a) If a district operates as a waste hauler, the district shall also meet the reporting requirements specified in section 18808.9. 
(b) If a district operates as a station operator, the district shall also meet the reporting requirements specified in section 18809.9. 
(c) If a district operates as a landfill operator, the district shall also meet the reporting requirements specified in section 18810.9. 
(d) If a district operates as a transformation facility operator, the district shall also meet the reporting requirements specified in section 18811.9. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18814.10. Disposal Reporting Due Dates for a District.
Note     •     History

(a) If a district operates as a waste hauler, the district shall submit disposal reports according to the due dates set forth in section 18808.10. 
(b) If a district operates as a station operator, the district shall submit disposal reports according to the due dates set forth in section 18809.10. 
(c) If a district operates as a landfill operator, the district shall submit disposal reports according to the due dates set forth in section 18810.10. 
(d) If a district operates as a transformation facility operator, the district shall submit disposal reports according to the due dates set forth in section 18811.10. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18814.11. Non-Compliance.
Note     •     History

(a) A district that operates as a waste hauler or facility operator shall inform the agency if a hauler or operator fails to comply with this Article by not providing the district with information required for the preparation of quarterly disposal reports. The district shall send written information on specific allegations of non-compliance to the agency by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year. 
(b) A district that operates as a waste hauler or operator may inform the agency of other non-compliance issues concerning a hauler or operator. The district shall send written information on specific allegations to the agency. 
(c) A district that operates as a waste hauler or operator may inform the Board if an agency fails to comply with this Article. A district shall send written information on specific allegations of agency non-compliance to the Board. 
(d) Allegations of non-compliance shall be handled in accordance with the process set forth in section 18804. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. 
HISTORY

1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
Article 9.3. Adjustment Method for Calculating Changes in Waste GenerationTonnage
§18827. Scope and Purpose.
Note     •     History

NOTE

Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
HISTORY

1. New Article 9.3 (sections 18827-18831) and section filed 1-8-96; operative 1-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 2).
2. Renumbering of former article 9.3 (sections 18827-18831) to article 9.1 (sections 18797.0-18797.4) and renumbering of former section 18827 to section 18797.0 filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
3. Renumbering of former article 9.3 (sections 18827-18831) to article 9.1 (sections 18797.0-18797.4) and renumbering of former section 18827 to section 18797.0 refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§18828. Definitions.
Note     •     History

NOTE

Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
HISTORY

1. New section filed 1-8-96; operative 1-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 2).
2. Renumbering of former section 18828 to section 18797.1 filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
3. Renumbering of former section 18828 to section 18797.1 refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§18829. Adjustment Factor Sources.
Note     •     History

NOTE

Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
HISTORY

1. New section filed 1-8-96; operative 1-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 2).
2. Renumbering of former section 18829 to section  18797.2 filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
3. Renumbering of former section 18829 to section 18797.2 refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§18830. Adjustment Method Calculation.
Note     •     History

NOTE

Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
HISTORY

1. New section filed 1-8-96; operative 1-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 2).
2. Renumbering of former section 18830 to section 18797.3 filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
3. Renumbering of former section 18830 to section 18797.3 refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§18831. Reporting Requirements. [Repealed]
Note     •     History

NOTE

Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
HISTORY

1. New section filed 1-8-96; operative 1-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 2).
2. Change without regulatory effect moving all forms in title 14, division 7 to new appendix A filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
3. Certificate of Compliance as to 1-18-95 order pertaining to forms CIWMB-60, CIWMB-61 and CIWMB-62 including amendment of “Waste Tire-Hauler Registration Application,” “Vehicle Description Sheet” and “Waste Tire Hauler Bond” transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
4. Renumbering of former section 18831 to section 18797.4 filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
5. Change without regulatory effect amending CIWMB Form 430 filed 6-6-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 23).
6. Renumbering of former section 18831 to section 18797.4 refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
7. Change without regulatory effect moving form CIWMB-90 from section 17363 to Appendix A filed 11-4-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 45).
8. Editorial correction clarifying Histories 4 and 6 (Register 97, No. 3).
9. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
10. Change without regulatory effect amending CIWMB forms 83, 90 and 5000 filed 2-6-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 6).
11. Amendment of Appendix A adding new CIWMB Form 98 filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).
12. Amendment of Appendix A adding new CIWMB Form 604 filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
13. Editorial correction removing Forms 100-138 from Appendix A pursuant to 6-18-98 order and updating Appendix A Table of Contents (Register 98, No. 34).
14. Amendment of Appendix A adding new form CIWMB 607 and updating Appendix A Table of Contents filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
15. Change without regulatory effect amending forms CIWMB-57 and CIWMB-58 filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
16. Change without regulatory effect amending form CIWMB 430 filed 9-14-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 38).
17. Amendment of form CIWMB 500 filed 3-31-2000; operative 3-31-2000 (Register 2000, No. 13).
18. Change without regulatory effect amending form CIWMB 430 filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
19. Change without regulatory effect amending forms CIWMB 57 and 58 filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
20. Change without regulatory effect amending forms CIWMB 57 and 58 filed 2-4-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 6).
21. Change without regulatory effect amending table of contents to appendix A and amending forms CIWMB 60, 61, 62, 100, 101, 102(a), 102(b), 103(a), 103(b), 103(c), 104, 105, 106, 107, 108, 109, 100, 111, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149 and 150 filed 6-21-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 25).
22. Editorial correction of forms 107 and 108 within Appendix A (Register 2002, No. 26).
23. Editorial correction of form 106 within Appendix A (Register 2002, No. 27).
24. Amendment of CIWMB Forms 500, 501, 502, 503 and 504 filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
25. Editorial correction updating and adjusting placement of CIWMB Form 60 (Register 2003, No. 22).
26. Change without regulatory effect amending table of contents to appendix A and adopting new CIWMB forms 634 and 635 filed 5-28-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 22).
27. Editorial correction amending table of contents to appendix A and moving the following CIWMB Forms to Title 27, Division 2, Appendix 3: 100, 101, 102(a), 102(b), 103(a), 103(b), 103(c), 104, 105, 106, 107, 108, 109, 110 and 111 (Register 2003, No. 22).
28. New form 643 filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
29. Editorial correction relocating forms CIWMB 173 and CIWMB 180 from section 18450 to section 18831, Appendix A (Register 2005, No. 24).
30. New CIWMB forms 203, 204, 647 and 648 filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.  
31. New CIWMB forms 203, 204, 647 and 648 refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.  
32. Repealer of CIWMB form 604 filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
33. New CIWMB forms 203, 204, 647 and 648 refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.  
34. Change without regulatory effect amending CIWMB form 60 filed 4-11-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 15).
35. Certificate of Compliance as to 2-9-2006 order, including new revisions of forms CIWMB 203 and 204, transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
36. Amendment of Appendix A repealing form CIWMB 303 and adopting forms CIWMB 303a and CIWMB 303b filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15).
37. Change without regulatory effect amending Appendix A, CIWMB form 1000 filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
38. Revision of Appendix A amending CalRecycle form 60 (formerly CIWMB form 60), CIWMB form 61, CalRecycle form 203 (formerly CIWMB form 203) and CalRecycle form 204 (formerly CIWMB form 204), adopting CalRecycle forms 241 and 682 and repealing CIWMB forms 173, 180, 647 and 648 filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
39. Editorial correction of table of contents to Appendix A and History 38 (Register 2010, No. 19).

Appendix A

Table of Contents

1.	CIWMB 36	State of California Oil Recycling Program Fee
Exemption Certificate
2.	CIWMB 57	Plastic Trash Bag Manufacturer Certification
3.	CIWMB 58	Plastic Trash Bag Wholesaler Certification
4.	CalRecycle 60	Waste Tire Hauler Registration Application
5.	CIWMB 61	Waste Tire Hauler Bond
6.	CIWMB 62	Waste Tire Hauler Manifest
7.	CIWMB 81	Registration Permit
8.	CIWMB 83	Registration Permit Application
9.	CIWMB 90	Standardized Contaminated Soil Solid Waste Facilities Permit
10.	CIWMB 98	Standardized Nonhazardous Ash Solid Waste Facility Permit
11.	CIWMB 140	Trust Agreement
12.	CIWMB 141	Performance Bond
13.	CIWMB 142	Financial Guarantee Bond
14.	CIWMB 143	Irrevocable Letter of Credit for Closure
Costs
15.	CIWMB 144	Enterprise Fund for Financial Assurances
16.	CIWMB 145	Trust Agreement
17.	CIWMB 146	Certificate of Liability Insurance
18.	CIWMB 147	Liability Insurance Endorsement
19.	CIWMB 148	Certificate of Self-Insurance and Risk
Management
20.	CIWMB 149	Instructions for the Letter from the Chief
Financial Officer Financial Means Test for Liability
21.	CIWMB 150	Corporate Guarantee
22.	CalRecycle 203	Comprehensive Trip Log and Receipts
23.	CalRecycle 204	Unregistered Hauler & Comprehensive Trip Log Substitution Form
24.	CalRecycle 241	Application For Agricultural/Common Carrier Exemption Letter
25.	CIWMB 303a	Lead Agency Form 303a Household Hazardous Waste Collection Information for Fiscal Year ____ /____
26.	CIWMB 303b	Non-Lead Agency Form 303b Household Hazardous Waste Collection Information for Fiscal Year ____ /____
27.	CIWMB 306	Application Cover Sheet
28.	CIWMB 430	Newsprint Consumer Certification
29.	CIWMB 500	Waste Tire Facilities Permit Application
30.	CIWMB 501	Waste Tire Facilities Operation Plan
31.	CIWMB 502	Waste Tire Facilities Environmental
Information
32.	CIWMB 503	Waste Tire Facilities Emergency Response Plan
33.	CIWMB 504	Waste Tire Facilities Closure Plan
34.	CIWMB 607	Voluntary Residual Percentage reporting Form
35.	CIWMB 634	Farm and Ranch Solid Waste Cleanup and Abatement Grant -- Application Cover Sheet
36.	CIWMB 635	Farm and Ranch Solid Waste Cleanup and Abatement Grant -- Site Characterization Form
37.	CIWMB 643	Clean Up Plan
38.	CalRecycle 682	Notification of Use of Temporary Registration Certificate
39.	CIWMB 1000	Notice of Designation of Local Agency
40.	CIWMB 5000	Standardized Composting Permit
CIWMB Form Number 36 (rev. 11/94)

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CIWMB 57

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CIWMB-58

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CalRecycle-60(Rev. 1/08)

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CIWMB-61 (Rev. 1/08)

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CIWMB-62 (2/02)

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INSTRUCTIONS FOR COMPLETING WASTE TIRE HAULER MANIFEST (CIWMB-62)

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CIWMB-81 (rev. 1/95)

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CIWMB-83 (rev. 12/96)

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CIWMB-90 (rev. 12/96)

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CIWMB-98 

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CIWMB 140 (12/01)

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CIWMB 141 (12/01)

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CIWMB 142 (12/01)

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CIWMB 143 (12/01)

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CIWMB 144 (12/01)

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CIWMB 145 (12/01)

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CIWMB 146 (12/01)

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CIWMB 147 (12/01)

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CIWMB 148 (12/01)

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CIWMB 149 (12/01)

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CIWMB 150 (12/01)

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CIWMB 203 (1/08)

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CIWMB 204 (8/05)

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CIWMB 204 (8/05)
CalRecycle 241 (1/08)

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CIWMB 303a (1/06)

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CIWMB 303b (1/06)

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CIWMB 306 (9/92)

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CIWMB 430 (1/99)

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CIWMB 500 (10/02)

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CIWMB 501 (9/02)

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CIWMB 502 (9/02)

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CIWMB 503 (9/02)

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CIWMB 504 (9/02)

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CIWMB 607

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CIWMB 634 (2/03)

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CIWMB 635(2/03)

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CIWMB-643 (NEW 4/2002)

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CalRecycle 682 (1/08)

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CIWMB 1000

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CIWMB 5000 (12/96)

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Chapter 9.1. Mandatory Commercial Recycling
§18835. Purpose.
Note     •     History

This Chapter implements Mandatory Commercial Recycling pursuant to §42649 of the Public Resources Code. The purpose of the statute is to reduce greenhouse gas emissions by diverting commercial solid waste to recycling efforts and to expand the opportunity for additional recycling services and recycling manufacturing facilities in California.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42649, Public Resources Code.
HISTORY

1. New chapter 9.1 (sections 18835-18839) and section filed 5-7-2012; operative 5-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 19).
§18836. Definitions.
Note     •     History

(a) The following definitions shall govern the provisions of this Chapter.
(1) “Business” means any commercial or public entity that generates more than four cubic yards of commercial solid waste per week, including, but not limited to, a firm, partnership, proprietorship, joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, strip mall (e.g. property complex containing two or more commercial entities), industrial facility, school, school district, California State University, community college, University of California, special district or a federal, state, local, or regional agency or facility. For purposes of this Chapter, “business” also includes a multi-family residential dwelling of five units or more, regardless of the amount of commercial solid waste generated.
(2) “Commercial solid waste” means all types of solid waste, including recyclable materials that are discarded from businesses as defined in subdivision (1), but does not include waste from single family residences or multifamily units of less than 5 units and does not include industrial waste. 
(3) “Franchise” means any agreement between a jurisdiction and a hauler for transporting commercial solid waste.
(4) “Hauler” means any person, commercial or public entity which collects, hauls, or transports solid waste for a fee by use of any means, including but not limited to, a dumpster truck, roll off truck, side-load, front-load, or rear-load garbage truck, or a trailer. 
(5) “Mixed Waste Processing” means processing solid waste that contains both recyclable and/or compostable materials and trash.
(6) “Self hauler” or “self hauling” means a business that transports its own waste and/or recyclables rather than contracting with a hauler for that service. 
(7) “Source separating” or “source separation” means the process of removing recyclable materials from solid waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for recyclables.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Section 42649.1, Public Resources Code.
HISTORY

1. New section filed 5-7-2012; operative 5-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 19).
§18837. Mandatory Recycling of Commercial Solid Waste by Businesses.
Note     •     History

(a) On and after July 1, 2012, a business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal:
(1) Source separating recyclable and/or compostable materials from the solid waste they are discarding and either self-hauling, subscribing to a hauler, and/or otherwise arranging for the pick-up of the recyclable and/or compostable materials separately from the solid waste to divert them from disposal. 
(2) Subscribing to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation.
(b) To comply with §18837(a), property owners of commercial or multi-family complexes may require tenants to source separate their recyclable materials. Tenants must source separate their recyclable materials if required to by property owners of commercial or multi-family complexes.
(c) Each business shall be responsible for ensuring and demonstrating its compliance with the requirements of this Section. The activities undertaken by each business pursuant to §18837(a) shall be consistent with local requirements, including, but not limited to, a local ordinance, policy, contract or agreement applicable to the collection, handling or recycling of solid waste.
(d) Except as expressly set forth in §18837(e)(3), this Chapter does not limit the authority of a jurisdiction to adopt, implement, or enforce a recycling program that is more stringent or comprehensive than the requirements of this Section. Businesses located in such a jurisdiction must comply with any local requirements that have been enacted.
(e) This Chapter does not modify, limit, or abrogate in any manner any of the following:
(1) A franchise granted or extended by a city, county, city and county, or other local government agency;
(2) A contract, license, or permit to collect solid waste granted or extended by a city, county, or other local government agency as of the effective date of this regulation; 
(3) The existing right of a business to sell or donate its recyclable materials; or
(4) The existing provisions of §41783 of the Public Resources Code related to transformation that allow jurisdictions to reduce their per-capita disposal rate by no more than 10 percent. Materials sent to transformation facilities must meet the requirements of §41783(a)(2) of the Public Resources Code regarding front-end methods or programs to remove all recyclable materials from the waste stream prior to transformation to the maximum extent feasible (i.e., businesses whose waste goes to a transformation facility still need to comply with the requirements in subsection 18837(a)).
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41783, 42649.2 and 42649.5, Public Resources Code.
HISTORY

1. New section filed 5-7-2012; operative 5-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 19).
§18838. Implementation of Commercial Recycling Program by Jurisdictions.
Note     •     History

(a) Effective July 1, 2012, whether or not the jurisdiction has met the requirements of Section 41780, each jurisdiction shall implement a commercial recycling program appropriate for that jurisdiction which is designed to divert commercial solid waste generated by businesses and that consists of the following components: 
(1) The commercial recycling program shall include education and outreach to businesses. The jurisdiction shall determine the types of educational and outreach programs to ensure that the program targets the components of the jurisdiction's commercial waste stream.
(2) The commercial recycling program shall include identification and monitoring of businesses to assess if they are complying with §18837(a). If any businesses subject to these regulations are not in compliance with these provisions, the jurisdiction shall, at a minimum, notify those businesses that they are out of compliance.
(b) The commercial recycling program adopted pursuant to Subdivision (a) may include, but is not limited to, implementing a commercial recycling policy or ordinance requiring businesses to recycle, requiring a mandatory commercial recycling program through a franchise agreement or contract, or requiring that commercial solid waste from businesses go through either a source separated or mixed waste processing system that diverts material from disposal. 
(c) When adopting its commercial recycling ordinance, policy, or program, a jurisdiction may also, but is not required to, consider the following:
(1) Enforcement consistent with a jurisdiction's authority, including, but not limited to, a penalty or fine structure that incorporates warning notices, civil injunctions, financial penalties, or criminal prosecution. 
(2) Building design standards that specify space requirements for storage of recyclables or other purposes that may assist the compliance of businesses with the program.
(3) Exemptions deemed appropriate by the jurisdiction for reasons such as, but not limited to, zoning requirements, lack of sufficient space in multi-family complexes to provide additional recycling bins, lack of markets, non-generation of recyclable materials, or current implementation by a business of actions that result in recycling of a significant portion of its commercial waste.
(4) Certification requirements for self-haulers which may include, but are not limited to, requiring businesses to maintain written records demonstrating that all self-hauling activities have been completed in accordance with the standards imposed by the jurisdiction's commercial recycling program.
(d) The commercial recycling program shall apply to businesses, but may also apply to any other commercial entity identified by the jurisdiction as being a source of commercial solid waste.
(e) A jurisdiction may determine the specific material types included in its commercial recycling program, which could include, but are not limited to, paper (including cardboard), plastics, glass, metals, organics, food waste, and non-hazardous construction and demolition.
(f) If, prior to July 1, 2012, a jurisdiction has implemented a commercial recycling program that meets all requirements of this Chapter, as determined by CalRecycle pursuant to §18839, the jurisdiction will not be required to implement a new or expanded program.
(g) If, in order to satisfy the requirements of this Chapter, a jurisdiction must implement a new, or expand an existing, commercial recycling program, it shall not be required to revise its source reduction and recycling element nor comply with the requirements of Public Resources Code §41800 et seq. 
(h) The jurisdiction shall include the addition or expansion of a commercial recycling program in its Annual Report required by §41821, et seq. of the Public Resources Code. Each jurisdiction shall report the progress achieved in implementing its commercial recycling program, including education, outreach, identification and monitoring, and, if applicable, enforcement efforts, and the rationale for allowing exemptions, by providing updates in its Annual Report. 
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41821, 42649.3 and 42649.4, Public Resources Code
HISTORY

1. New section filed 5-7-2012; operative 5-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 19).
§18839. CalRecycle Review.
Note     •     History

(a) Commencing August 1, 2013, CalRecycle shall review a jurisdiction's compliance with §18838 as part of its review of the jurisdiction's source reduction and recycling element and household hazardous waste element programs, pursuant to 14 California Code of Regulations §18772 and §41825 of the Public Resources Code. 
(b) During its review pursuant to this Section, CalRecycle shall determine whether each jurisdiction has made a good faith effort to implement its selected commercial recycling program. For this purpose, “good faith effort” means all reasonable and feasible efforts by a jurisdiction to implement its commercial recycling program. During its review, CalRecycle may include, but is not limited to, the following factors in its evaluation of a jurisdiction's “good faith effort”:
(1) The extent to which the businesses have complied with §18837(a), including information on the amount of solid waste that is being diverted from disposal by the businesses, if available, and on the number of businesses that are subscribing to service; 
(2) The recovery rate of the commercial waste from each material recovery facility that is utilized by the businesses, the role of that facility in the jurisdiction's overall waste diversion and recycling system, and all information, methods, and calculations, and any additional performance data, as requested and collected by CalRecycle from the material recovery facility operators pursuant to 14 California Code of Regulations §18809.4;
(3) The extent to which the jurisdiction is conducting education and outreach to businesses;
(4) The extent to which the jurisdiction is monitoring businesses and notifying those businesses that are out of compliance; 
(5) The availability of markets for collected recyclables;
(6) Budgetary constraints; and
(7) In the case of a rural jurisdiction, the small geographic size, low population density or distance to markets. 
(c) If, after a public hearing on the matter, CalRecycle finds that a jurisdiction has failed to make a good faith effort to implement a commercial recycling program and meet the requirements of §18838, CalRecycle shall issue a compliance order with a specific schedule for achieving those requirements. CalRecycle shall issue the compliance order within 30 days after making its finding of non-compliance.
(d) The compliance order shall identify the portions of the commercial recycling program which are not being implemented or attained by the jurisdiction, or identify areas of the commercial recycling program which need revision. CalRecycle shall also set a date by which the jurisdiction shall meet the requirements of the compliance order.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 41825, 42649.3, 42649.4 and 42649.5, Public Resources Code.
HISTORY

1. New section filed 5-7-2012; operative 5-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 19).
Chapter 10. Solid Waste Cleanup Program
Article 1. Authority
§18900. Scope.
Note     •     History

(a) Regulations contained herein are promulgated pursuant to Public Resources Code Article 2.5 of Chapter 2 of Part 7 of Division 30. The regulations implement the Solid Waste Cleanup Program, a program for the cleanup of solid waste at disposal sites and solid waste at codisposal sites where the responsible party(ies) either cannot be identified or is unable or unwilling to pay for timely remediation and where cleanup is needed to protect public health and safety and/or the environment.
(b) In implementing this program the Board is vested, in addition to its other powers, with all the powers of an enforcement agency under Division 30 of the Public Resources Code.
(c) In administering the program authorized by Public Resources Code section 48020 et seq. the Board may:
(1) Expend funds directly for remedial action;
(2) Provide loans to responsible parties who demonstrate the ability to repay state funds for remedial actions on solid waste disposal sites and codisposal sites;
(3) Provide matching grants to public entities for remedial actions on solid waste disposal sites and codisposal sites; and
(4) Provide grants to public entities for the abatement of illegal disposal sites.
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48021(b), 48021(c) and 48023(b), Public Resources Code.
HISTORY

1. New chapter 10 (articles 1-7, sections 18900-18932), article 1 (section 18900) and section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
Article 2. Definitions
§18901. Definitions.
Note     •     History

For the purposes of this Chapter:
(a) “Abandoned site” means a site where no responsible party can be identified or located.
(b) “Agreement” means a memorandum of understanding between the Board and a local government.
(c) “Applicant” means a person or an entity applying for a loan, matching grant, grant, or remediation managed by the California Integrated Waste Management Board.
(d) “Board” means the California Integrated Waste Management Board.
(e) “Borrower” means an applicant whose loan application has been approved and who has executed a loan agreement.
(f) “Closed site,” means a disposal site that has ceased accepting waste and was closed in accordance with applicable statutes, regulations, and local ordinances in effect at the time.
(g) “Codisposal site” means a hazardous substance release site listed pursuant to section 25356 of the Health and Safety Code where the disposal of hazardous substances, hazardous wastes, and solid waste have occurred.
(h) “Grant recipient” means an applicant whose grant application has been approved and who has executed a grant agreement pursuant to Public Resources Code section 48021(b).
(i) “Illegal disposal site” means:
(1) A site where unauthorized disposal of solid waste has taken place to the extent that cleanup may be required to protect public health and safety and/or the environment, and
(2) The site is not permitted and not exempt from obtaining a permit and is not closed or excluded from the requirement to obtain a Solid Waste Facilities Permit.
(j) “Local government” means a local public entity that is a county, city, district, or any other political subdivision deemed eligible by the Board, but does not include the State.
(k) “Nuisance” includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community, neighborhood, household or any considerable number of persons although the extent of the annoyance or damage inflicted upon an individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste.
(l) “Order” means an enforcement action taken by the enforcement agency or the board in the form of issuing a notice and order, a cease and desist order, cleanup or abatement order, or a corrective action order as authorized by Section 18304.
(m) “Person” includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, public or private school, college, or university, or any other entity whatsoever.
(n) “Remedial action” means any action to abate, prevent, minimize, stabilize, mitigate, or eliminate a threat to public health and safety and/or the environment.
(o) “Repayment amount” means the amount equal to the amount expended by the Board for cleanup, the Board's cost of contract administration, and an amount equal to the interest that would have been earned on the funds expended for cleanup.
(p) “Responsible party” means:
(1) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; association; city; 0county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law, who at the time of disposal of any solid waste owned the property;
(2) The present owner or operator of the site at which solid waste has been deposited;
(3) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; association; city; county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law who by contract or agreement disposed and/or transported solid waste to the site, or who otherwise arranged for the transportation to and/or disposal of solid waste at the site;
(4) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; association; city; county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law who was the owner or custodian of the solid waste that was deposited on the site.
(5) The term “responsible party,” as defined above, may only be construed within the context of this Article and Public Resources Code sections 48020 et seq. and shall not be interpreted under any other local, state, or federal statute.
(q) “Responsible party is unable to pay” means:
(1) The responsible party does not currently, have the financial ability, as verified by independent audit, financial statements, or other documentation acceptable to Board, to pay the costs of remediation necessary to protect the public health and safety and/or the environment; or
(2) The responsible party does not have the legal power or authority to perform required site cleanup.
(r) “Responsible party is unwilling to pay” means: the responsible party has financial ability to pay for the costs of remediation necessary to protect public health and safety and/or the environment, has been issued an enforcement order to perform remediation, and has refused to comply with the order.
(s) “Responsible party cannot be identified,” means the responsible party cannot be identified or found after a search of public records, investigation, and consultation with other enforcement agencies.
(t) “Threat” or “threaten” means a condition creating a probability of substantial harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, natural resources, or the public health or safety.
(u) “Trust fund” means the Solid Waste Disposal Site Cleanup Trust Fund created pursuant to Public Resources Code section 48027 of Article 2.5 of Chapter 2 of Part 7 of Division 30.
(v) “Surplus Money Investment Fund” means the fund in which excess state moneys are invested until the money is needed for its intended purpose. The fund is administered by the state treasurer's office.
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New article 2 (section 18901) and section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
Article 3. Site Selection and Ranking Criteria
§18902. Site Eligibility.
Note     •     History

Candidate sites may be eligible for funding if:
(a) The site is a solid waste disposal site, codisposal site, or illegal disposal site as defined in Section 18901;
(b) The responsible parties, either cannot be identified, located, or is unable or unwilling to pay for timely and proper remediation; and
(c) Remedial action is required to protect public health and safety and/or the environment.
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020(b) and 48021(c), Public Resources Code.
HISTORY

1. New article 3 (sections 18902-18904) and section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18903. Site Prioritization.
Note     •     History

(a) The Board shall prioritize sites for eligibility based on the following factors:
(1) The actual or potential degree of risk to public health and safety and/or the environment posed by conditions at the site as determined by a comparison with state minimum standards (27 CCR, Chapter 3, Subchapter 4, commencing with section 20510 and Subchapter 5, commencing with section 21099.
(2) The ability of the site owner and or responsible parties to promptly and properly remediate the site without monetary assistance;
(3) The ability of the Board to adequately remediate the site with available funds;
(4) The amount of contributions of money and/or in-kind services from local governments and responsible parties;
(5) The availability of other appropriate federal or state enforcement and/or cleanup programs to remediate the site.
(6) The ability to obtain site access for the proposed remediation.
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020(b) and 48021(a), Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18904. Eligible and Ineligible Remedial Actions.
Note     •     History

(a) Remedial actions taken pursuant to the Solid Waste Cleanup Program shall, to the extent practicable, contribute to the efficient performance of any anticipated long-term remedial action with respect to the specific threat to public health and safety and/or the environment addressed under the program.
(b) Remedial actions that are appropriate for the use of funds include, but are not limited to: waste removal and disposal; security measures such as fences and warning signs; drainage controls; slope and foundation stabilization; excavation, consolidation, and capping of waste areas; field and laboratory testing; and installation of landfill gas and leachate control systems.
This list is not exhaustive and shall not prevent the Board from taking other necessary and appropriate actions and does not create a duty on the Board to take action at any particular time.
(c) Ineligible actions include, but are not limited to: closure as defined in Section 20164 of Title 27, Division 2 of the California Code of Regulations; ground water remediation; operation and maintenance of leachate, surface water, or vadose zone monitoring systems; closure and postclosure maintenance services; improvements to property for postclosure land uses; preparation of closure or postclosure maintenance plans; removal, abatement, and cleanup or otherwise handling of only hazardous substances as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C. section 9601(14)] not codisposed with nonhazardous solid waste.
(d) The remediation of landfill or disposal site fires pursuant to this chapter will only be eligible in situations where the fire is remediated as one part of a project approved by the Board under the applicable criteria for any other project approved for remediation under this program.
(e) Eligible activities regarding emergency actions at disposal sites pursuant to this chapter include technical assistance to local emergency response agencies. The Board may consider approval of funding of final site remediation pursuant to this chapter after the emergency response if all other applicable criteria are met.
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
Article 4. Loans to Local Governments
§18905. Purpose.
Note     •     History

(a) The Board may make loans directly from the trust fund to local government to assist in site remedial actions. The loans shall be used to assist the Board in complying with Public Resources Code section 48020 et seq.
(b) The regulations contained in this Article set forth the requirements to apply for and receive loan funds from the trust fund.
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code.
HISTORY

1. New article 4 (sections 18905-18912) and section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18906. Loan Eligibility.
Note     •     History

(a) Loans are available only to local governments that demonstrate:
(1) The site remediation is needed to protect public health and safety and/or the environment; and
(2) The ability to repay the loan and to pay for costs of remediation that exceeds the loan amount.
(b) Loan funds may be used only for those eligible costs pursuant to Section 18904.
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18907. Loan Requirements.
Note     •     History

Loans made pursuant to this Article shall be subject to the following requirements:
(a) The terms of any approved loan shall be specified in a loan agreement between the borrower and the Board. Notwithstanding any term of the agreement, any recipient of a loan that the Board approves shall repay the principal amount plus interest on the basis of the rate of return for money in the Surplus Money Investment Fund at the time of the loan.
(b) The Board shall not finance more than one million dollars ($1,000,000) per site.
(c) The term of any loan made pursuant to this Article shall be not more than 20 years.
(d) The money from any loan repayments and fees, including, but not limited to, principal and interest payments, fees and points, administrative fees, recovery of collection costs, income earned on any asset recovered pursuant to a loan default, and funds collected through foreclosure actions shall be deposited in the trust fund. 
(e) The Board or the Department of Finance may audit the recipient's records regarding moneys received pursuant to this Article. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48027(c)(3), Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18908. Loan Application Process.
Note     •     History

(a) Applications from local governments for loan funds shall be accepted on a continuous basis. 
(b) Jurisdictions with eligible sites shall submit an application package which shall include but is not limited to the following information: 
(1) A copy of the grant deed with legal description. The applicant must be the owner or co-owner of the site, or the Sponsor (e.g. Redevelopment Agency) of eligible cleanup of privately owned or leased lands within their jurisdiction. 
(2) Substantiation of threat to public health and safety or the environment by attaching applicable regulatory agency investigation documents or enforcement orders, solid waste assessment tests (SWAT) reports, or certified environmental assessment reports. 
(3) A detailed Scope of Work and Cost Estimate prepared by a registered civil engineer. 
(4) A document showing compliance with the California Environment Quality Act (e.g. Notice of Exemption, Initial Study/Negative Declaration or Environment Impact Report). 
(5) Demonstrate the need for the requested loan funds by attaching the applicant's annual financial operating statements for the last three years and interim (within 90 days) independent audits, and other evidence of financial condition. Each statement must be certified by the original signature of the person completing the application. 
(6) Identify and provide evidence of sources of funds to repay the loan and pay for site cleanup costs that exceed the loan amount, certified by the original signature of the person completing the application. In lieu of collateral, the applicant must identify a guaranteed revenue source which will be dedicated to repay the loan. 
(7) A copy of an adopted resolution from the governing board or council authorizing submittal of the application, certifying availability of local funds needed to complete the cleanup, and identifying the title and name of the individual authorized to execute any agreements, contract, and requests for payment to carry out the project. 
(8) Applications from joint power authorities consisting of several cities and/or counties must include a signed copy of a written agreement between the governing bodies authorizing the loan applicant to act on their behalf. 
(9) Name, address, telephone number, and fax number of the applicant 
(c) All materials submitted shall become property of the Board and will be retained for a minimum of three years. 
(d) Documents required in subsection (b) of this section shall be submitted to the principal place of business of the California Integrated Waste Management Board. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18909. Preliminary Review of Loan Applications.
Note     •     History

Upon receipt, Board staff shall review each local government application to determine whether the application is complete. Within thirty (30) days of receiving the application Board staff shall send a letter to the local government with one of the following responses: 
(a) The local government application is incomplete with specification of the steps, if any, that the applicant may take to correct the identified deficiencies. Applications that fail to supply the required information shall be rejected from consideration for a loan; or 
(b) The applicant is ineligible for a loan pursuant to Section 18906 of this Article; or 
(c) The applicant is eligible for a loan pursuant to Section 18906 of this Article, the application is complete, and the application shall be evaluated by Board staff. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18910. Review of Complete Loan Applications and Board Approval.
Note     •     History

Upon determination that an application is complete, Board staff shall review each application and prepare a summary of findings. Applications, which meet the following criteria shall be considered and a decision shall be made by the Board within ninety (90) days of the determination that the application is complete:
(a) The source of repayment is sufficient for the requested loan amount; and 
(b) The applicant has adequately demonstrated the appropriateness of the loan for use in the project as specified pursuant to Section 18906(c) of this Article. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18911. Loan Agreement.
Note     •     History

(a) If the Board approves the loan, the applicant and the Board shall enter into a written loan agreement that identifies and ensures compliance with the terms and conditions specified in Section 18907 of this Article and any other special conditions or terms that the Board deems necessary on a case-by-case basis. 
(b) All funds shall be disbursed and repaid pursuant to the terms of the loan agreement. 
(c) The borrower shall obtain prior written approval from the Board, or its designated representative, for any changes in the loan agreement. All requests shall include a description of the proposed change(s) and the reason(s) for the change(s). 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18912. Financial Condition Notification.
Note     •     History

(a) During the application process and any time thereafter, it shall be the responsibility of the applicant or borrower to immediately notify the Board of any change in financial condition that would make them: 
(1) Financially able to perform remedial action without Trust Funds; or 
(2) Unable to repay the loan; or 
(3) Unable to pay for remedial action costs that exceed the loan amount. 
(b) Any such changes in conditions or failure to notify the Board of any such changes in conditions may nullify eligibility for use of Trust Funds. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
Article 5. Grants to Public Entities to Abate Illegal Disposal Sites
§18913. Purpose.
Note     •     History

(a) The Board may make grants directly from the trust fund to public entities to assist in site remediation actions. Grants shall be used to assist the Board in complying with Public Resources Code section 48020 et seq. 
(b) The regulations contained in this Article set forth the requirements to apply for and receive grant funds from the trust fund. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(c), Public Resources Code.
HISTORY

1. New article 5 (sections 18913-18919) and section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18914. Grant Eligibility.
Note     •     History

(a) Grants are available to public entities that demonstrate the following: 
(1) The illegal disposal site remedial action is necessary to protect public health and safety and/or the environment; and 
(2) The public entity is authorized by resolution of their local governments to file an application with the Board for grant funds and enter into and execute a grant agreement. 
(b) Grants to public entities may only be used for remedial actions at illegal disposal sites within their jurisdiction. 
(c) Grant funds may be used only for those eligible costs pursuant to Section 18904. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(c), Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18915. Grant Requirements.
Note     •     History

Grants made pursuant to this Article shall be subject to the following requirements:
(a) The terms of any approved grant shall be specified in a grant agreement between the grant recipient and the Board. 
(b) The Board shall not finance more than five hundred thousand dollars ($500,000) per site. 
(c) The Board or the Department of Finance may audit the recipient's records regarding moneys received pursuant to this Article. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48027(c)(3), Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18916. Grant Application Process.
Note     •     History

(a) Applications for grant funds shall be accepted on a continuous basis. 
(b) Public entities with eligible sites shall submit an application package which shall include but is not limited to the following information: 
(1) Name of the site owner and a copy of the owner's grant deed with legal description. 
(2) Substantiation of actual or potential threat to public health and safety or the environment by attaching applicable regulatory agency investigation documents or enforcement orders, solid waste assessment tests (SWAT) reports, or certified environmental assessment reports. 
(3) Preliminary Work Plan and Cost Estimate prepared by a registered civil engineer. If local government resources to be reimbursed with grant funds are proposed for site cleanup, costs shall be determined in accordance with procedures in State Department of Transportation Standard Specifications Section 9-1.03, Force Account Payment, except that overhead and profit markups to direct cost of labor, materials, equipment or subcontractors will not be allowed. 
(4) Proof of Compliance with the California Environmental Quality Act (e.g. Notice of Exemption, Initial Study/Negative Declaration, or Environmental Impact Report). 
(5) Evidence of owner's inability to pay for cost of site cleanup (e.g. owner cannot be identified or found, owner is unable to pay for site cleanup). Attach a copy of report of records search, financial statements or audits of owner, and other documents to substantiate need. 
(6) A copy of the adopted resolution from the governing board or council authorizing the public entity to file an application and enter into and execute a grant agreement, and naming the title of the individual authorized to execute any agreements, contracts, and requests for payment. 
(7) Name, address, telephone number, fax number of the applicant.
All materials submitted shall become the property of the Board and will be retained for a minimum of three years. 
(c) Documents required in subsection (b) shall be submitted to the principal place of business of the California Integrated Waste Management. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18917. Preliminary Review of Grant Applications.
Note     •     History

Upon receipt, Board staff shall review each application to determine whether the application is complete. Within thirty (30) days of receiving the application Board staff shall send a letter to the applicant with one of the following responses: 
(a) The application is incomplete with specification of the deadline and steps, if any, which the applicant may take to correct the identified deficiencies. Following receipt of such notice, applicants that fail to supply the required information or meet any specified deadline shall be rejected from consideration for a grant. 
(b) The applicant is ineligible for a grant based on failure to meet criteria under Section 18914 of this Article; or 
(c) The applicant is eligible for a grant pursuant to Section 18914 of this Article, that the application is complete, and that the application shall be evaluated by Board staff.
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18918. Review of Complete Grant Applications and Board Approval.
Note     •     History

Upon determination that an application is complete, Board staff shall review each application and prepare a summary of findings. Applications, which meet the following criteria, shall be considered and a decision shall be made by the Board within ninety (90) days of the determination that the application is complete: 
(a) The Local Enforcement Agency shall provide ongoing inspection and enforcement action to prevent recurring use of the illegal disposal site; 
(b) The applicant has adequately demonstrated the appropriateness of the grant for use in the project as specified pursuant to Section 18904 of this Chapter; and 
(c) If the applicant is other than the Local Enforcement Agency, a copy of the complete application shall be sent to the Local Enforcement Agency's office. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(c), Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18919. Grant Agreement.
Note     •     History

(a) If the Board approves the grant, the applicant and the Board shall enter into a written grant agreement that identifies and ensures compliance with the terms and conditions specified in Section 18915 and any other special conditions or terms that the Board may deem necessary. 
(b) All funds shall be disbursed pursuant to the terms of the grant agreement. 
(c) The grant recipient must obtain prior written approval from the Board, or its designated representative, for any changes in the grant agreement. All requests must include a description of the proposed change(s) and the reason(s) for the change(s). 
(d) The Board may terminate any grant in whole, or in part, at any time prior to the date of completion whenever it is determined by the Board that the recipient has failed to comply with the terms of the grant agreement. The Board shall notify the recipient in writing of the reasons for the termination of the grant and the effective date of the termination within five working days of the determination to terminate. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
Article 6. Matching Grants to Public Entities
§18920. Purpose.
Note     •     History

(a) The Board may make matching grants directly from the trust fund to public entities to assist in site remedial actions. The grants shall be used to assist the Board in complying with Public Resources Code section 48020 et seq. 
(b) The regulations contained in this Article set forth the requirements to apply for and receive matching grant funds from the trust fund. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code.
HISTORY

1. New article 6 (sections 18920-18927) and section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18921. Matching Grant Eligibility.
Note     •     History

(a) Matching grants are available only to public entities that demonstrate the following: 
(1) The site remedial action is needed to protect public health and safety and/or the environment; and 
(2) The ability to pay the costs of remedial action that exceed the grant amount. 
(b) Matching grant funds may be used only for those eligible costs pursuant to Section 18904. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18922. Matching Grant Requirements.
Note     •     History

Matching grants made pursuant to this Article shall be subject to the following requirements: 
(a) The terms of any approved grant shall be specified in a matching grant agreement between the matching grant recipient and the Board. 
(b) The Board shall finance up to and not more than 50 percent of the cost of any project up to a maximum of seven hundred and fifty thousand dollars ($750,000) per site. 
(c) The Board or the Department of Finance may audit the recipient's records regarding moneys received pursuant to this Article. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48027(c)(3), Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18923. Matching Grant Application Process.
Note     •     History

(a) Applications for matching grant funds shall be accepted on a continuous basis. 
(b) Jurisdictions with eligible sites shall submit an application package which shall include but is not limited to the following information: 
(1) A copy of the grant deed with legal description. 
(2) Substantiation of threat to public health and safety or the environment. Attach applicable regulatory investigations or enforcement orders, solid waste assessment test (SWAT) reports, or certified environmental assessment reports. 
(3) A detailed Scope of Work and Cost Estimate prepared by a registered civil engineer. Cost of eligible and ineligible work must be itemized separately. If local government resources to be reimbursed under this grant agreement are proposed for site cleanup, costs shall be determined in accordance with procedures in State Department of Transportation Standard Specifications Section 9-1.03, force Account Payment, except that overhead and profit markups to direct cost of labor, materials, equipment, or subcontractors will not be allowed. 
(4) Proof of compliance with the California Environmental Quality Act (e.g. Notice of Exemption, Initial Study/Negative Declaration, or Environmental Impact Report). 
(5) Demonstration of need for requested grant funds. Attach applicant's annual financial operating statements for last three years, independent audits, and other evidence of financial conditions. 
(6) Identification of sources of funds to pay for local government match and project costs not eligible for matching grant included in the project. 
(7) A copy of the approved resolution from the governing board or council authorizing submittal of the application, certifying availability of matching funds and funds for costs not eligible, and the naming title of the individual authorized to execute any agreements, contract, and requests for payment. This authorized individual will be the only person whose signature the Board will recognize. Applications from joint power authorities consisting of several cities and/or counties must include a signed copy of a written agreement between the governing bodies authorizing the grant applicant to act on their behalf. 
(8) Name, address, telephone number, and fax number of the applicant.
All materials submitted will become property of the Board and will be retained for a minimum of three years. 
(c) Documents required in subsection (b) shall be submitted to the principal place of business of the California Integrated Waste Management Board. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18924. Preliminary Review of Matching Grant Applications.
Note     •     History

Upon receipt, Board staff shall review each application to determine whether the application is complete. Within thirty (30) days of receiving the application Board staff shall send a letter to the applicant with one of the following responses: 
(a) The application is incomplete and specifying the deadline and steps, if any, which the applicant may take to correct the identified deficiencies. Following receipt of this notice, applicants that fail to supply the required information or meet any specified deadline shall be rejected from consideration for a grant; or 
(b) The applicant is ineligible for a matching grant pursuant to Section 18921 of this Article; or 
(c) The applicant is eligible for a matching grant pursuant to Section 18921 of this Article, that the application is complete, and that the application shall be evaluated by Board staff. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18925. Review of Complete Matching Grant Applications and Board Approval.
Note     •     History

Upon determination that an application is complete, Board staff shall review each application and prepare a summary of findings. Applications, which meet the following criteria, shall be considered and a decision shall be made by the Board within ninety (90) days of the determination that the application is complete: 
(a) The applicant's source of payment is sufficient to supply the amount of funds needed that exceed the matching grant amount; and 
(b) The applicant has adequately demonstrated the appropriateness of the matching grant for use in the project as specified pursuant to Section 18902(c) of this Article. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(c), Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18926. Matching Grant Agreement.
Note     •     History

(a) If the Board approves the matching grant, the applicant and the Board shall enter into a written matching grant agreement that identifies and ensures compliance with the terms and conditions specified in Section 18923 and any other special conditions or terms that the Board may deem necessary on a case-by-case basis. 
(b) All funds shall be disbursed pursuant to the terms of the grant agreement. 
(c) The matching grant recipient must obtain prior written approval from the Board, or its designated representative, for any changes in the matching grant agreement. All requests must include a description of the proposed change(s) and the reason(s) for the change(s). 
(d) The Board may terminate any matching grant in whole, or in part, at any time prior to the date of completion, whenever it is determined by the Board as a whole, that the recipient has failed to comply with the terms of the matching grant agreement. The Board shall notify the recipient in writing of the reasons for the termination of the matching grant and the effective date of the termination within five working days of the determination. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18927. Financial Condition Notification.
Note     •     History

(a) During the application process and any time thereafter, it shall be the responsibility of the applicant or matching grant recipient to immediately notify the Board of any change in financial condition that would make them either: 
(1) Financially able to perform remedial action without Trust Funds; or 
(2) Unable to pay for remedial action costs that exceeds the matching grant amount. 
(b) Any such changes in conditions and/or failure to notify the Board of any such changes in conditions may nullify eligibility for use of Trust Funds. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
Article 7. Board Managed Remediations
§18928. Purpose.
Note     •     History

(a) The Board may decide to expend available moneys to perform any cleanup, abatement, or remedial action work required under the provisions set forth in Section 18904 which is required by the magnitude of the endeavor or the need for prompt action to prevent substantial pollution, nuisance, or injury to public health or safety and/or the environment. The action may be taken in default of, or in addition to remedial work by the responsible parties or other persons and regardless of whether injunctive relief is being sought. 
(b) The Board may perform the work itself or in cooperation with any other governmental agency. Notwithstanding any other provisions of the law, the Board may enter into oral contracts for that work, and the contracts, whether written or oral, may include provisions for equipment rental and in addition the furnishing of labor and materials necessary to accomplish the work. The contracts are exempt from approval by the Department of General Services pursuant to section 10295 of the Public Contract Code. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code.
HISTORY

1. New article 7 (sections 18928-18932) and section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18929. Cost Recovery.
Note     •     History

(a) The Board shall pursue cost recovery for each site remediated with funds in accordance with this chapter unless under limited circumstances where a determination is made by the Board that cost recovery will not be pursued based on factors including but not limited to: publicly owned sites maintained in public benefit and use; property owner did not cause the disposal of waste; property owner did not and will not gain a benefit due to condition of property; value of property significantly less than cost of cleanup; hardship to property owner; and in cases where a responsible party cannot be identified. 
(b) If a remedial action is taken in the case of threatened pollution or nuisance by the Board and/or any governmental agency, any costs incurred by the Board and/or governmental agency are recoverable from the responsible parties or parties who unlawfully caused such a condition or conditions. Any and all responsible parties are joint and severably liable for any such costs. The amount of those costs shall be recoverable in a civil action by, and paid to, the governmental agency and the Board to the extent of the latter's contribution to the cleanup costs from available funds. 
(c) Reasonable costs shall include the amount expended, the Board's costs of contract administration, and an amount equal to the interest that would have been earned on the expended funds. The interest rate shall be based on the rate of return for money in the Surplus Money Investment Fund. 
(d) Any and all responsible parties are joint and severably liable. 
(e) The entry of judgement against any party to the action does not bar any future action by the Board against any other person who is later discovered to be potentially liable for costs paid from the trust fund. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48023, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18930. Responsible Parties Identification.
Note     •     History

If, despite reasonable efforts by the Board to locate the person(s) responsible for the condition of pollution or nuisance, the person is not identified at the time of cleanup, abatement, or remedial action work must be performed, the Board shall not be required to issue an order under this Chapter. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18931. Eligibility.
Note     •     History

Funds may be used only for those costs eligible pursuant to Section 18904. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
§18932. Board Approval.
Note     •     History

Upon determination that a site is eligible pursuant to Section 18904 of this Chapter, the site shall be considered by the appropriate Committee, and if necessary, for final recommendation to the Board for approval within ninety (90) days. 
NOTE

Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
HISTORY

1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
Chapter 11. Product Stewardship
Article 1. Product Stewardship for Carpets
§18940. Purpose.
Note     •     History

The purpose of this Article is to clarify existing statute and establish administrative procedures to efficiently and effectively implement the department's responsibilities under the law for product stewardship for carpets and to provide a uniform competitive business environment to all carpet manufacturers, retailers, and wholesalers pursuant to §42970 of the Public Resources Code.
NOTE

Authority cited: Sections 40502 and 42970, Public Resources Code. Reference: Section 42970, Public Resources Code.
HISTORY

1. New chapter 11, article 1 (sections 18940-18948) and section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4). 
§18941. Definitions.
Note     •     History

(a) The following definitions shall only apply to this Article and except as otherwise noted, the definitions of this Article supplement and are governed by the definitions set forth in Chapter 20 (commencing with §42970), Part 3, Division 30 of the Public Resources Code: 
(1) “Must” or “shall” means a provision is mandatory. 
(2) “May” means a provision is permissive.
(b) “Administrative fee” means payments from the carpet assessment to the department that cover the costs of its administrative, oversight, and enforcement services necessary for manufacturers or stewardship organizations to effectively implement carpet stewardship plans. The administrative fee will be paid by the individual manufacturer or stewardship organizations submitting a stewardship plan. 
(c) “Assessment” means the amount added to the purchase price of carpet that is subsequently remitted to a stewardship organization or manufacturer, and shall be spent on implementing the carpet stewardship plan.
(d) “Aggregate Assessment” means the sum of all assessments collected in the state of California in a calendar year. 
(e) “Carpet As Alternative Fuel” (CAAF): Fuel that has been produced from source-separated, and sorted post-consumer carpet and processed, including (1) extraction of components for recycling if at all possible; and (2) size reduction, shredding, and/or blending with coal fines, etc. CAAF is not a type recycling, but it is a type of diversion for the purpose of this Article. 
(f) “Diversion” or “divert” means activities which reduce or eliminate the amount of solid waste disposed at landfills in a manner consistent with the state's hierarchy for waste management pursuant to Section 40051. Nothing in this definition is intended to change the definition of diversion that applies to jurisdictions pursuant to section 40192(b) of the Public Resources Code or the applicability of that definition through Part 2 of Division 30 of the Public Resources Code (commencing with section 40900). 
(g) “Indoor/outdoor carpet” means a type of carpet, regardless of construction, made of synthetic materials that have been especially designed or treated to withstand moisture, extremes of temperature, ultra-violet rays, and other types of exposures. Indoor/outdoor carpet may be broadloom or carpet tiles that are applied in building interiors as well as exteriors. Indoor/outdoor carpet is defined as carpet for the purpose of this Article.
(h) “Reporting period” means the period that commences in January and ends in December, and represents twelve consecutive months in the preceding calendar year.
(i) “Rug” means a loose laid (not installed or attached at wall base) soft floor covering manufactured from natural or synthetic fiber, including carpet cut into room or area dimensions, that is not intended to cover the entire floor. 
(j) “Significant or Material Change” means any change in a required element of the carpet stewardship plan or annual report. 
(k) “Synthetic turf” means a primarily outdoor synthetic product manufactured to look like natural grass for use as a sports playing surface and/or alternative to lawns. Synthetic turf is not carpet. 
(l) “Transformation” is defined in Section 40201 of the Public Resources Code. 
NOTE

Authority cited: Sections 40502 and 42971, Public Resources Code. Reference: Sections 40124, 40127, 40180, 40191, 40192, 40201, 41780, 42970 and 42971, Public Resources Code. 
HISTORY

1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4). 
§18942. Submittals.
Note     •     History

(a) A corporate officer, acting on behalf of a manufacturer or stewardship organization, shall register with the department. The registration process shall include, but not be limited to, the following information:
(1) Contact information of the corporate officer responsible for submitting stewardship plan and annual report documents to the department and for overseeing carpet stewardship program activities, including, but not limited to:
(A) Contact Name
(B) Title
(C) Name of Company or Stewardship Organization
(D) Mailing address and physical address
(E) Phone number
(F) E-mail address
(G) Web address, if applicable
(H) Location and custodian of records
(2) List each manufacturer participating in the stewardship organization, including, but not limited to:
(A) Contact Name
(B) Title
(C) Name of Company or Stewardship Organization
(D) Mailing address and physical address
(E) Phone number
(F) E-mail address
(G) Web address, if applicable
(H) Location and custodian of records
(3) List of brands covered under the stewardship plan.
(b) The stewardship plan must be submitted electronically according to instructions provided by the department. A hard copy signed by a corporate officer of a manufacturer or stewardship organization, under the penalty of perjury, must also be submitted to the department. 
(1) The information submitted in a stewardship plan shall address the criteria for approval in §18943 and be organized according to this standard outline:
(A) Contact Information
(B) Scope
(C) Performance Goals and Activities
(D) Solid Waste Management Hierarchy
(E) Collection System 
(F) Market Development
(G) Financing Mechanism
(H) Education and Outreach
(I) Program Performance Measurement
(J) Stakeholder Consultation 
(K) Audits 
(2) The department may approve, disapprove, or conditionally approve a stewardship plan. A manufacturer or stewardship organization has 60 days to resubmit a plan or provide any supplemental information requested by the department when a plan is disapproved or conditionally-approved. 
(3) Plans shall be updated within 30 days of a significant or material change. 
(4) The approved stewardship plan shall be a public record, except that financial, production, or sales data reported to the department by a manufacturer or stewardship organization is not a public record under the California Public Records Act, as described in Chapter 3.5 (commencing with §6250) of Division 7 of Title 1 of the Government Code and shall not be open to public inspection. The department may release financial, production, or sales data in summary form only that cannot be attributable to a specific manufacturer.
(c) The annual report shall be submitted by a corporate officer acting on behalf of a manufacturer or stewardship organization that is operating a carpet stewardship program under a department-approved stewardship plan.
(1) The annual report must be submitted electronically to the department, according to instructions provided by the department. A hard copy, signed by a corporate officer of a manufacturer or stewardship organization under the penalty of perjury, must also be submitted. 
(2) The information submitted in an annual report shall address the criteria for a finding of compliance per 42976 as outlined in §18944 Annual Report Compliance Criteria and be organized according to this standard outline:
(A) Contact Information
(B) Executive Summary
(C) Scope
(D) Program Outline
(E) Description of Goals and Activities
(F) Market Development
(G) Financing Mechanism
(H) Education and Outreach
(I) Audits
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 42972, 42975 and 42976, Public Resources Code.
HISTORY

1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4). 
§18943. Criteria for Plan Approval.
Note     •     History

(a) Product stewardship plans must contain the following:
(1) Contact information. Identify the manufacturer or designated stewardship organization responsible for the plan submittal. 
(2) Scope. The program described in the stewardship plan is: 
(A) Designed to accept and manage all applicable post-consumer carpet, regardless of polymer type or primary materials of construction.
(B) The stewardship plan submitted follows the standard outline (see §18942 Stewardship Submittal Instructions).
(3) Performance Goals and Activities. The program described in the stewardship plan shall contain a set of performance goals and criteria that include, but are not limited, to the following items:
(A) Performance goals, which shall be numeric as noted, and include a description of how program goals will be achieved for the following categories: 
1. Increase the recyclability of carpets.
2. Incentivize the market growth of secondary products made from post-consumer carpets.
3. Increase the reuse of post-consumer carpets (numeric goal).
4. Increase the recycling of post-consumer carpets (numeric goal).
5. Increase the diversion of post-consumer carpet from landfills.
(B) The goals established in the plan are at a minimum equal to the goals established in the CARE MOU, while recognizing the current recycling infrastructure and capacity in California is higher than the nation, and estimating changes in market conditions, and anticipating recycling infrastructure and capacity in California. 
(C) Each goal has a baseline from which it is measured using the units used in the CARE MOU and reporting requirements.
(D) The plan describes a methodology for estimating the amount of carpet available for collection in California.
(E) Report on source reduction.
(4) Solid Waste Management Hierarchy. Describe:
(A) Proposed measures that will enable the management of post-consumer carpet in a manner consistent with the state's solid waste management hierarchy pursuant to PRC Section 40051 and demonstrate that over time source reduction, reuse, and recycling will increase, over environmentally safe transformation and land disposal. 
(B) Management of carpet through source reduction, reuse and recycling must be greater than, and grow at a higher rate than the management of carpet in any form, including Carpet As Alternative Fuel (CAAF), used as a fuel.
(C) This Article does not modify or abrogate in any manner existing provisions of Section 41783 of the Public Resources Code related to transformation that allow jurisdictions to reduce their per-capita disposal rate by no more than 10 percent. 
(5) Collection Systems. Describe the system that will be used to collect and properly manage post-consumer carpet. This description must include the following:
(A) Type of collection sites used.
(B) Types of reuse and recycling activities, processing and/or disposal by product type. 
(C) Description of how service providers handling old carpet will be able to readily, accurately, and economically identify the type of carpet polymer to facilitate reuse and recycling, e.g., labeling on the back of carpet, affordable laser detection devices, or other technology. 
(D) General description of best management practices to be followed by the service providers, including any training that the manufacturer or stewardship organization intends to provide to or require of service providers to ensure proper collection and management of post-consumer carpet.
(E) Description of how each consumer that pays a carpet stewardship assessment, including but not limited to those in rural areas, will be provided reasonably convenient opportunity(ies) in each county to manage their post-consumer carpet.
(6) Market Development. Describe incentives or methods to increase recycling of carpet into secondary products. 
(7) Financing Mechanism. Include a funding mechanism that provides sufficient funding to recover, but not exceed, the cost of the carpet stewardship program, including the administrative, operational, and capital costs of the plan. The funding mechanism includes the following:
(A) A carpet stewardship assessment per square yard of carpet sold in the state, or by some other unit, as approved by the department.
(B) A budget for the program that includes revenue estimates from the assessment, full program costs, and administrative costs; including those pursuant to Section 18948 regarding service payments to the department.
(C) A requirement that any surplus funds will be put back into the program to reduce the costs of the program, including the assessment amount.
(D) An assessment amount that is sufficient to meet, but not exceed, the anticipated cost of carrying out the plan.
(E) An assessment amount that does not create an unfair advantage in the marketplace.
(F) An allocation of funds that support the solid waste management hierarchy and program goals identified in the stewardship plan. 
a. Funds designated for CAAF, must be supported with documentation that provides evidence of a net environmental benefit over landfilling and that without an incentive more materials would be landfilled. 
(G) Stewardship organization and manufacturers shall allocate revenues and expenditures applicable to this program in accordance with Generally Accepted Accounting Principles.
(H) The stewardship plan shall describe how the collection and expenditure of carpet assessment funds shall be kept separate from other activities of the stewardship organization.
(8) Education and Outreach. Include education and outreach efforts to consumers, commercial building owners, carpet installers, and retailers to promote their participation in achieving the purposes of the carpet stewardship plan. The description shall include how the outreach and education methods will be used and distributed, and how effectiveness of these activities will be measured. Educational information may include, but is not limited to, signage, written materials, advertising or other promotional materials pursuant to Section 42972 (a) (5). 
(9) Program Performance Measurement. Describe how attainment of the goals will be measured per §18943(a)(3)(c). Program data shall be collected for purposes of annual report submittal (see §18944 Annual Report Compliance Criteria). Information to be provided includes, but is not limited to:
(A) Specific information on the measurement methodology, assumptions, conversion factors, if used, and data sources.
(10) Stakeholder Consultations. A manufacturer or stewardship organization that submits a plan shall include a process of consultation with affected stakeholders and consider the existing infrastructure in the development of the plan. Stakeholders may include, but are not limited to, other manufacturers and stewardship organizations, service providers, state and local governments, non-governmental organizations, haulers, demolition or other contractors, recyclers, retailers and wholesalers, installers, and consumers.
(11) Audits. Include a process by which the financial activities of the stewardship organization and individual manufacturer that are related to implementation of the stewardship plan will be subject to an independent audit, results of which will be submitted in the manufacturer or stewardship organization's annual report and reviewed by the department.

(12) 	Environmental information. Plans shall be accompanied with information to assist in completing an initial study under the California Environmental Quality Act. 
NOTE

Authority cited: Sections 40502, Public Resources Code. Reference: Sections 42972 and 42973, Public Resources Code. 
HISTORY

1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4). 
§18944. Annual Report Compliance Criteria.
Note     •     History

(a) The annual report must contain the following:
(1) Contact information. Identify the manufacturer or stewardship organization responsible for the annual report submittal.
(2) Executive Summary. Provide an evaluation of the effectiveness of the carpet stewardship plan, and anticipated steps, if needed, to improve performance. 
(3) Scope. The program described in the stewardship plan accepts and manages all applicable post-consumer carpet. 
(A) Indicate any changes in the program scope from the approved stewardship plan.
(B) Indicate the scope is unchanged, if no changes have occurred during the reporting period.
(4) Program Outline. Describe the carpet stewardship program, including information on the following topics:
(A) Types of collections sites and basic information about recycling facilities in California, e.g., how carpet is collected, number and location of processors, throughput and capacity of recycling facilities.
(B) Include facility name(s) and address(es) for each method of disposition.
(5) Description of goals and activities based on the stewardship plan. State goals from the approved plan, the baseline from which goals were measured, and report on achievement during the reporting period. 
(A) The annual report shall include, but is not limited to, quantitative information data and discussion, specific to sales in California, on the following:
1. Amount of carpet sold by square yards and pounds, in the state during the reporting period that is covered under the approved stewardship plan. A stewardship organization with more than one manufacturer may use average weight.
2. Amount (pounds) of post-consumer carpet that is available for collection.
3. Amount (pounds) of carpet source reduced, if measureable. 
4. Amount (pounds) of post-consumer carpet collected, by weight, during the reporting period. 
5. Disposition, that is, amounts reused, recycled, incinerated for energy recovery or disposed of in a landfill; of collected post-consumer carpet, by pounds, during the reporting period. 
6. Describe efforts to increase recyclability of carpets.
7. Describe efforts to increase recycling of post-consumer carpet.
8. Describe efforts to increase diversion of post-consumer carpet from landfills.
9. Describe other environmental impacts as data are available, e.g., green house gas emissions. Descriptions of any enforcement actions or problems related to plan implementation. 
10. Describe efforts to increase the market growth of secondary products made from post-consumer carpet. 
11. Describe number of jobs attributable to the carpet stewardship program as data are available. 
(B) Information on goals shall be accompanied by supporting information covering, but not be limited to the following topics:
1. Report describes the measurement methodology, assumptions, conversion factors, and data sources.
2. Report demonstrates that over time source reduction, reuse, and recycling increased, while environmentally safe transformation and land disposal decreased. 
3. Report demonstrates continuous meaningful improvement toward achievement of goals.
4. Report covers progress toward achievement of all goals in the approved stewardship plan.
(6) Market Development. The annual report shall include a description of possible market development activities to incentivize the market growth of secondary products made from post-consumer carpet.
(7) Financing Mechanism. The annual report shall include a description and evaluation of the program's financing mechanism, including whether or not the funding was sufficient to recover, but not exceed, the full cost of the stewardship program. The annual report shall include, but not be limited to, the following total program cost information, and include any supporting documentation. Any proposed change in the amount of the carpet stewardship assessment fee must be submitted to the department for re-approval (See §18943 Criteria for Plan Approval):
(A) Total Program Cost
(B) Cost($)/capita
(C) Cost ($)/pound collected 
(D) Education/Communications (% of total program cost)
(E) End-of-life materials management (% of total program cost)
(F) Program administration (% of total program cost, including annual administrative fee for service payments to the department)
(G) Governance (program oversight) (% of total program cost)
(H) Total cost to local government (if applicable)
(I) Amount of the assessment, aggregate assessment funds collected, how spent and amounts of each major expenditure
a. Funds, if spent on CAAF, must be supported with documentation reporting on economic and environmental impacts and that incentives shall expire, if they no longer serve a benefit.
(J) Surplus funding, if any, and how it will be applied to reduce program costs
(K) An evaluation of the assessment rate
(8) Outreach/Education. List educational outreach activities in the stewardship plan. Provide a description of educational materials that were provided to retailers, consumers, carpet removers/installers, contractors, during the reporting period (provide electronic samples). Identify the method used to determine the effectiveness of educational and outreach surveys (e.g., surveys, hits on specific web pages, number of participants at events, etc). Education and outreach materials may include, but are not limited to, signage, written materials, advertising or other promotional materials pursuant to Section 42972 (a) (5) and Links to website(s) created and maintained by the manufacturer or stewardship organization.
(9) Audits. The annual report shall include an independent financial audit funded from the carpet stewardship assessment. The audit shall be conducted in accordance with auditing standards generally accepted in the United States of America, and standards set forth in Government Auditing Standards issued by the Comptroller General of the United States. The audit report shall also include a separate state compliance report on the carpet program requirements as directed by the department.
(A) The department may investigate further. If the department decides to further review the findings of the independent auditor, the review will be conducted based on same information the individual manufacturer or stewardship organization provided to the independent auditor. 
(B) Financial audits must be prepared by a Certified Public Accountant.
(C) The department may request supplemental information from the individual manufacturer or stewardship organization during the course of review of a manufacturer- or stewardship organization-submitted financial audit, if necessary. 
(D) The department will inform the individual manufacturer or the stewardship organization within 60 days of the results of its review.
(E) If after conducting further review of the audit, the Department deems it to be necessary, the Department may conduct its own audit.
NOTE

Authority cited: Section 40502, Public Resources Code. Reference: Sections 42972 and 42976, Public Resources Code; and Section 19812, Title 5, California Code of Regulations. 
HISTORY

1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4). 
§18945. Civil Penalties.
Note     •     History

A civil penalty may be administratively imposed by the department on any person who is in violation of any provision of this Article. The responsible party or parties shall be determined by the department based on the totality of the circumstances.
(a) Any manufacturer offering carpet for sale or for promotional purposes in California or a manufacturer or stewardship organization submitting a plan or report to the department is subject to enforcement under this Article. Manufacturers are subject to penalties as a result of the failure of their designated stewardship organization to comply with this Article on their behalf.

(b) 	Notwithstanding paragraph (a), a product manufacturer is not subject to any penalty for failing to comply if that product manufacturer can demonstrate that it provided true and accurate information to the stewardship organization and the stewardship organization failed to properly report this on behalf of the manufacturer.
(c) A stewardship organization is not subject to a penalty for failure to comply as a result of submitting false or misleading information if it can demonstrate that it received false or misleading information from a manufacturer that was the direct cause of its failure to comply with this Article.
(d) Any wholesaler or retailer that offers carpet for sale in the state, or who offers carpet for promotional purposes in the state, is subject to enforcement under this Article. 
NOTE

Authority cited: Sections 40502 and 42974, Public Resources Code. Reference: Section 42974 and 42978, Public Resources Code. 
HISTORY

1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4). 
§18945.1. Amount of Civil Penalties and Administrative Penalty Schedule.
Note     •     History

(a) Civil penalties may be imposed administratively in accordance with the following penalty tables:

(1) 	Base Penalty Table I is to be used for stewardship organizations and manufacturers.
(A) Identify what violations have occurred.
(B) Identify the severity of the violations.
(C) Establish the possible range of the base penalty per violation based on the severity levels described in paragraph (b).

View Graphic
(2) Base Penalty Table II is to be used for wholesalers and retailers. 
(A) Identify what violations have occurred. 
(B) Identify the severity of the violations.
(C) Establish the possible range of the base penalty per violation based on the severity levels described in paragraph (b). 

View Graphic
(b) For the purpose of implementing this [Section/Article], penalty severity levels are described as follows:
(1) For a violation classified as Level 1, the amount of the base penalty may be up to $1,000 per day.
(2) For a violation classified as Level 2, the amount of the base penalty may be up to $5,000 per day.
(3) For a violation classified as Level 3, the amount of the base penalty may be up to $10,000 per day.
(c) The department will set the final penalty amount after considering the criteria set forth in Section 18945.2. The department may increase the final penalty beyond the penalty range established pursuant to paragraphs (a) and (b), if it determines, after considering the criteria set forth in Section 18945.2, that such an increase is warranted and appropriate.
NOTE

Authority cited: Sections 40502 and 42974, Public Resources Code. Reference: Sections 42972, 42973, 42974, 42975, 42976 and 42977, Public Resources Code; and Section 11506, Government Code. 
HISTORY

1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4). 
§18945.2. Criteria to Impose a Civil Penalty.
Note     •     History

In assessing or reviewing the amount of civil penalty imposed for a violation of this chapter, the department or the court shall consider all the following:
(a) The nature, circumstances, extent, and gravity of the violation(s).
(b) The number and severity of the violation(s).
(c) Evidence that the violation was intentional, knowing or negligent.
(d) The size of the violator.
(e) History of violation(s) of the same or similar nature.
(f) The willfulness of the violator's misconduct.
(g) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken. 
(h) Evidence of any financial gain resulting from the violation(s).
(i) The economic effect of the penalty on the violator.
(j) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.
(k) Any other factor that justice may require.
NOTE

Authority cited: Sections 40502 and 42974, Public Resources Code. Reference: Section 42978, Public Resources Code. 
HISTORY

1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4). 
§18945.3. Procedure for Imposing Civil Penalties.
Note     •     History

(a) Civil penalties may be administratively imposed in accordance with the procedures outlined in the Administrative Procedure Act at Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code with the exception of Government Code Section 11505(c).
(b) The accusation or complaint and all accompanying documents may be served on the respondent by the following means:
(1) Personal service. 
(2) Substitute service by using the same service procedures as described in Section 415.20 of the Code of Civil Procedure. 
(3) Certified Mail: For respondents who have submitted a stewardship plan, certified mail or registered mail if the letter containing the accusation or complaint and accompanying material is mailed, addressed to the respondent at the latest facility or mailing address(es) provided in the stewardship plan on file with the Department. Any address provided in the stewardship plan may be used for service of process. Proof of service of the accusation or complaint shall be the certified mail receipts or registered mail receipts proving the accusation or complaint and accompanying materials were sent to respondent by certified mail or registered mail. For respondents who have not submitted or are not required to submit a stewardship plan to the department, certified mail or registered mail pursuant to the procedures indicated in the Administrative Procedure Act at Section 11505(c) of the Government Code applies. 
(c) Civil penalties may be imposed pursuant to the Public Resources Code Section 42978 in the discretion of the trier of fact in the civil proceeding.
NOTE

Authority cited: Sections 40502 and 42974, Public Resources Code. Reference: Section 11500, Government Code; and Section 42978, Public Resources Code.
HISTORY

1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4). 
§18946. Record Keeping Requirements.
Note     •     History

Each stewardship organization, manufacturer, wholesaler, or retailer required to comply with Chapter 20 (commencing with Section 42970), Part 3, Division 30 of the Public Resources Code shall:
(a) Maintain records to support the requirements in this Article. Stewardship organizations and manufacturers must maintain records to support Sections 18943 and 18944. Wholesalers and retailers must maintain records on all carpet sold or offered for promotional purposes in the state including:
(1) The manufacturer of the carpet.
(2) The date(s) the retailer ordered or purchased the carpet from the manufacturer.
(3) The date(s) the retailer sold or offered the carpet for promotional purposes.
(4) Invoices or functionally equivalent billing documents.
(5) Certification letter(s) from the department if provided by a manufacturer to demonstrate that carpet from the manufacturer is or was subject to a department-approved stewardship plan. 
(b) Provide the department with reasonable and timely access, as determined by the department, to its facilities, operations, and any relevant records necessary to determine compliance with this Article, upon request. The records required by this Article shall be accessible for three years.
(c) Make all records required by this Article available for inspection or audit by the department, or its agent and other duly authorized regulatory agencies during normal working hours.
(d) Submit copies of specified records to the department upon request or at a frequency approved by the department.
(e) The department may take disciplinary action against any stewardship organization or manufacturer who fails to provide the department with access pursuant to this section including, but not limited to, imposing penalties and the immediate removal from the department's list of manufacturers that are in compliance with Chapter 20 (commencing with Section 42970), Part 3, Division 30 of the Public Resource Code and this Article. 
NOTE

Authority cited: Sections 40502 and 42974, Public Resources Code. Reference: Sections 42972, 42972.5, 42973, 42974, 42975, 42976, 42977, 42977.1, 42978 and 42981, Public Resources Code.
HISTORY

1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4). 
§18947. Proprietary, Confidential, or Trade Secret Information.
Note     •     History

The public disclosure of records supplied to the department pursuant to this Article that are, at the time of submission, claimed to be proprietary, confidential, or trade secret shall be subject to the disclosure provisions in Title 14, California Code of Regulations, Division 7, Chapter 1, Article 4 (commencing with Section 17041).
NOTE

Authority cited: Section 6253, Government Code; and Sections 40502 and 42972-42977.1, Public Resources Code. Reference: Sections 6250 et seq., Government Code; and Sections 40062 and 42323, Public Resources Code. 
HISTORY

1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4). 
§18948. Service Payments to Department of Resources, Recycling and Recovery.
Note     •     History

(a) Not later than April 30 of each year, commencing in 2012, the department shall notify each carpet stewardship organization that has submitted a carpet stewardship plan which the department has approved the amount of the annual fee described in Public Resources Code Section 42977, subdivision (a). The fee shall reflect the department's actual annual costs to administer and enforce this chapter for the period from May 1 of the prior year through April 30 of the current year. For payments due in 2012, 2013 and 2014, the fee shall also reflect the department's actual annual costs to develop these regulations and the carpet stewardship program. The department's costs shall include the cost of staff, overhead expenses applicable to staff, contract services and any other expenses incurred in administering or enforcing the program and in developing these regulations and the program. 
(b) If the department approves or conditionally approves, more than one stewardship plan for a fiscal year, the fee shall be prorated equally among the carpet stewardship organizations submitting approved or conditionally approved stewardship plans. 
(c) The department will issue invoices to each carpet stewardship organization to which this section applies by May 31 of each year. Payment is due annually on July 1.
(d) The department's approval of a stewardship plan shall be revoked if payment is not received by July 1. Plans revoked for lack of payment may be reinstituted upon payment.
NOTE

Authority cited: Sections 40502 and 42977, Public Resources Code. Reference: Section 42977, Public Resources Code.
HISTORY

1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4). 
Division 8. Environmental Affairs Agency
Chapter 1. Final Application Procedures: Local Government Coastal Management Improvement Program
§19001. Program Description.
Note     •     History

(a)Pursuant to SB 959 (Division 25 (commencing with Section 35000) of the Public Resources Code) the Coastal Resources and Energy Assistance Act(Public Resources Code (PRC), Section 35000 et seq.), the Secretary ofEnvironmental Affairs (SEA) shall award grants totalling $10.5 millionand on a competitive basis to coastal cities for planning, assessment,mitigation, permitting, monitoring and enforcement, public services andfacilities, and for other activities related to offshore energydevelopment. These city activities shall be consistent with requirements of the State's Coastal Management Program as defined in the California Coastal Act, PRC Division 20 commencing with Section 3000. 
(b) In awarding grants, SEA will give priority to projects which address existing and/or future impacts of offshore oil and gas activities and any related onshore facilities, in accordance with PRCSection 35040. In accordance with PRC Section 35040.5, any remainingfunds may be awarded to coastal cities with approved local coastal programs to assist them in improving the management of the State's coastal resources. At such time that funds become available forallocation under Section 35040.5, the appropriate applicationprocedures will be issued by SEA. 
(c) Grants provided to coastal cities shall not exceed 80 percent of the cost of carrying out the project. Block grant funds provided pursuant to the Coastal CountyOffshore Energy Assistance Program as defined in the Coastal Resources and Energy Assistance Act must not be used as the matching share under this program. In accordance with PRC Section 35081, grant funds shallbe used only to augment and not be used to replace state funds allocated for the same eligible activities. 
NOTE

Authority cited: Section 35041, Public Resources Code. Reference: Sections 35040, 35040.5, 35042 and 35081, Public Resources Code. 
HISTORY

1. New Division 8 (Chapter 1, Sections 19001-19009) filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). ACertificate of Compliance must be transmitted to OAL within 120 days oremergency language will be repealed on 11-19-86. 
2. Division 8 (Chapter 1, Sections 19001-19009) repealed by operation of Government Code Section 11346.1(g) (Register 87, No. 2). 
3. New Division 8 (Chapter 1, Sections 19000-19009) filed 1-8-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 2).
§19002. Eligible Applicants and Projects.
Note     •     History

(a) Any coastal city is eligible to apply for grant funds. For purposes of this program, “coastal cities” are considered as thosecities whose city boundaries are located wholly or partially within thecoastal zone as defined in the California Coastal Act, as amended(Public Resources Code, Division 20, commencing with Section 30000).Projects addressing existing and/or future impacts of offshore energydevelopment will first be considered. Upon determination of unused funds, SEA will invite applications to consider funding other projects pursuant to PRC Section 35040.5. 
(b) Offshore energy development includes activities such as exploration, production, processing, transportation, and refining of offshore oil and gas from State andfederal waters off California. Projects which address impacts of these activities may be eligible for funding. The following are examples of potentially eligible projects: 
(1) Planning and Assessment. 
(A)Develop local policies, regulations, or ordinances regulating offshore energy related developments. 
(B) Conduct studies to identify environmental and/or socioeconomic impacts and mitigation measures associated with offshore energy development. 
(C) Develop local plansor mitigation programs to address offshore energy related impacts.
(D) Conduct siting studies for onshore energy facilities forprocessing, transportation, and refining of offshore oil and gas.
(E) Develop an offshore energy planning process that is consistent with requirements of the State's Coastal Management Program. 
(F)Analyze offshore leasing, exploration, and development proposals for purposes of commenting pursuant to the OCS Lands Act,(43 USC 1331-1356,1801-1866), Coastal Zone Management Act, (16 USC 1451-1464), NationalEnvironmental Policy Act,(42 USC 4321--4347), California Environmental Quality Act,(PRC Sections 2100 et seq.), or similar statutes. 
(2)Permitting, Monitoring and Enforcement. 
(A) Develop a permitting, monitoring, and/or enforcement program for purposes of implementing state or local plans, policies, permit conditions, or regulations related to offshore energy development. 
(B) Carry out monitoring and/or enforcement to ensure State or local environmental goals are attained and maintained. 
(C) Conduct socioeconomic monitoring.
(3) Mitigations. 
(A) Provide new or improved public facilities and/or services required to accommodate direct or indirect impacts of offshore energy development. 
(B) Prevent, reduce or mitigate losses of valuable environmental or recreational resources when such losses are a result of offshore energy development. 
(C) Capitalize revolving loan funds to provide low cost loans to coastal-dependent industries impacted by offshore energy development. 
(D) Implement public information programs. 
NOTE

Authority cited: Section 35041, Public Resources Code. Reference: Section 35040, Public Resources Code. 
HISTORY

1. New section filed 7-22-86 as anemergency; effective upon filing (Register 86, No. 30). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-19-86. 
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87, No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 2). 
§19003. Grant Process and Timetable.
Note     •     History

(a) The schedule and key steps of this grant program are provided in Table 1. The application process consists of two stages. 
(1) Stage One ispre-application. After informal consultation with the Office of Offshore Development, coastal cities will prepare and submit to SEApre-applications for the projects which they believe should be funded.Pre-applications shall be prepared in conformance with the information requirements of Section 19004(a) below. SEA will screen thepre-applications based on the criteria in Section 19004(b). Projects meeting all criteria will advance to Stage Two. 
(2) In Stage Two, coastal cities will prepare draft applications for the qualified projects. The application shall contain all information requested inSection 19005(a). In accordance with Section 35040(b), the drafts mustbe circulated locally and to the State Clearinghouse for publiccomments. At least one public hearing must be held by the applicantduring the public comment period pursuant to Section 35040(b). Tencopies of each draft shall also be submitted to the State Clearing House 30 days prior to the public hearing, for review and comments by State agencies. 
(b) Three copies of the final application shall then be submitted to SEA. The applications will be reviewed, and eligibleapplications shall be given a preliminary ranking according to thecriteria in Section 19005(b). The preliminary rankings will be reviewedby SEA's Local Government OCS Advisory Committee. The Secretary willthen approve the final rankings, and a notice of intent to award will be issued. As certification of compliance with California Environmental Quality Act (CEQA), in accordance with Public Resources Code sections 21000 et seq. is completed by each applicant, the noticeof intent to award will be issued on individual projects. Note thatcompliance with CEQA must be completed prior to the actual allocations of grant funds, in accordance with Public Resources Code section 21150. 
(c) Following the Secretary's decision, issue of the notice of intent to award, a seven day protest period will be provided for filing a written appeal to the Secretary. Reasons why an applicationshould be reconsidered shall be clearly stated. SEA shall determinewhether or not to reconsider a project. Findings will be provided forprojects which have received reconsideration. The decision of SEA shallbe final. Rankings will be evaluated semi-annually in accordance with the ranking criteria described in Section 19005(b). 
(d) Work on the approved projects shall not be initiated until the grant agreement is signed by SEA and the grantee. The agreement will include the following: 
(1) Work statement contained in the grantee's application (or as amended per SEA evaluation); 
(2) Schedule contained in thegrantee's application (or as amended per SEA evaluation); 
(3) Description of work products as contained in the grantee's application(or as amended per SEA evaluation); 
(4) Written certification of compliance with the reporting and fiscal accounting requirements in Sections 19007 and 19008, below; 
(5) Written certification of compliance with special conditions (if any); 
(6) Written certification of compliance with CEQA, in accordance with PRC Sections 21000 et seq., and other applicable rules and regulations; 
(7) Written certification of compliance with the State Coastal ManagementProgram as constituted in Section 30008 of the California Coastal Act,PRC Division 20. 
(e) The grantee shall obtain prior written approval from SEA before making changes to the grant agreement. All requests should include a description of the proposed change and reasons for the change. Such change may include budget line item revisions, task modifications, and schedule changes. 
(f) SEA may terminate any grantin whole, or in part, at anytime before the date of completion, whenever SEA determines that the grantee has failed to comply with theterms and conditions of the grant. SEA shall promptly notify thegrantee in writing of the determination, reasons for termination, andappeal process. Payment made to the grantee or recoveries by SEA undergrants terminated for cause shall be in accord with the legal rights and liabilities of the parties. 
(g) Projects funded under this grant program must be completed by May 1989 unless otherwise approved by SEA. Exceptions will be evaluated and granted on a case-by-case basis at theapplication stage in accordance with the ranking criteria described inSection 19005(b) below. Progress reports shall be submitted to SEA semi-annually, and a final report shall be submitted within 30 days after the end of the grant term. 
NOTE

Authority cited: Section 35041, Public Resources Code. Reference: Section 3500, Public Resources Code. 
HISTORY

1. New section filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-19-86. 
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87, No.2). 
3. New section filed 1-8-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 2).

TABLE 1.
LOCAL GOVERNMENT COASTAL MANAGEMENT 
IMPROVEMENT PROGRAM SCHEDULE

1986:	8/1	SEA disseminates program information and begins informal 
		consultation with coastal cities
	10/1	Coastal cities submit pre-applications to SEA 
	11/1	SEA releases pre-application screening results 
	12/15	Coastal cities release draft applications for public comment and
		submit ten copies of each draft applications to the State Clearing
		House for circulation among the agencies 30 days prior to the
		dates of the required public hearings. Each applicant will 
		announce public hearing date(s)
1987:	1/15	Public comments due to coastal cities
	2/15	Coastal cities submit final applications to SEA 
	4/1	SEA submits preliminary rankings for review by the Local 
		Government OCS Advisory Committee
	5/1	SEA approves final ranking. SEA issues notice of intent to award
		grant for individual projects on completion of certification of
		compliance with CEQA.
	5/8	Protest period ends
	5/15	SEA will issue notice of grant award after seven day protest 
		period
	10/31	Quarterly Financial Report 
1988:	1/31	Semi-annual Progress Report and Quarterly Financial Report
	4/30	Quarterly Financial Report
	7/31 	Semi-annual Progress Report and Quarterly Financial Report
	10/31	Quarterly Financial Report 
1989:	1/31	Semi-annual Progress Report and Quarterly Financial 
		Report
	4/30	Quarterly Financial Report
	5/31	Maximum Grant Term
	6/30	Final Report
HISTORY

1. New Table 1 filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-19-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87, No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 2).
§19004. Pre-Application.
Note     •     History

(a) Information Requirements.
(1) Name of coastal city.
(2) Mailing address.
(3) Name and title of the person in charge of the project.
(4) Name and title of the person responsible for fiscal management of the grant.
(5) Brief (2-3 pages) project narrative including:
(A) Project description;
(B) Project objectives;
(C) Past and future offshore energy activities; potential impact or planning needs for the city and region (including size, severity, and likelihood of impacts); estimate of the resources and populations affected; extent to which the project will address the impacts or planning needs;
(D) Products;
(E) Expected benefits to the city and region;
(F) Description of current local planning, assessment, mitigation, permitting, monitoring and enforcement, and public services and facilities related to offshore energy activities; and the relationship of the proposed project to these existing capabilities; 
(G) Other funding sources pursued;
(H) Alternative means to accomplish the objectives of the proposed project.
(6) Estimate of project costs and documentation of the required matching funds (submit Exhibit 1).
(7) Work statement describing the major tasks.
(b) Pre-application Screening Criteria.
(1) Documentation of existing and/or future offshore energy impacts on city.
(2) Cost effectiveness of the proposed project to address these impacts.
(3) Demonstration of local needs.
(4) Consistency with the purposes and allowable activities of Public Resources Code Sections 35000 et seq.
(5) Extent to which the requested grant amount is used to leverage other funding sources, with a minimum matching share requirement of 20 percent of the total project cost as required under Section 35042, Public Resources Code.
(6) Conformance with requirements of the State's Coastal Management Program.
(7) Use of innovative approaches to address offshore energy issues.
NOTE

Authority cited: Section 35041, Public Resources Code. Reference: Section 35040, Public Resources Code.
HISTORY

1. New section filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-19-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87, No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Government Code Section 11346.1(g) (Register 87, No. 2).
§19005. Application.
Note     •     History

(a) Information Requirements.
(1) Name of coastal city.
(2) Name and title of person in charge of the project.
(3) Name and title of person responsible for fiscal management of the grant.
(4) Detailed project narrative (should follow the same format required in the pre-application, as required in Section 19004(a)).
(5) Work statement describing tasks and products in detail.
(6) Description of needed resources with a completed fiscal application attached (Exhibit 2).
(7) Project schedule to present the relationship between work tasks and the amount of time required.
(8) Identification of applicable laws and regulations, including CEQA and the State Coastal Management Program, and evidence of compliance.
(9) Letters of commitment for matching funds.
(10) Summary of public comments and hearing held in compliance with Section 19003(a)(2).
(b) Application Ranking Criteria.
(1) Documentation of existing and/or future offshore energy impacts on city, including:
(A) type, extent, severity and duration of impacts.
(2) Comparison of project to alternatives, including cost effectiveness.
(3) Demonstration of need.
(A) Offshore energy impacts or planning issues which will be addressed by the proposed project.
(B) Urgency of the needs.
(4) Consistency with the purposes and allowable activities of Public Resources Code Section 35000 et seq.
(5) Extent to which the requested grant amount is used to leverage other funding sources, with a minimum matching share requirement of 20 percent of the total project cost.
(6) Conformance with requirements of the State's Coastal Management Program.
(7) Use of innovative approaches to address offshore energy issues.
(8) Timeliness of the project to address the issue or problem.
(9) Availability of alternative sources of funding.
(10) Likelihood that the project objectives will be achieved.
(11) Evidence of compliance with CEQA and other applicable laws and regulations.
(12) Other overriding factors not reflected in the above criteria, but consistent with the intent and purposes of Public Resources Code Sections 35000 et seq.
NOTE

Authority cited: Section 35041, Public Resources Code. Reference: Section 35040, Public Resources Code.
HISTORY

1. New section filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-19-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87, No. 2). 
3. New section filed 1-8-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 2).
§19006. Payment of Grant Funds.
Note     •     History

Payment of funds will be made on a quarterly basis. The grantee may request payment of funds in advance of or as reimbursement for work undertaken during a given quarter. The grantee must indicate the option in the financial application (Exhibit 2) and quarterly financial status form (Exhibit 3). The grantee opting for advance payment must also complete the financial status report as a part of the grant application.
(a) Advance Payment Method.
(1) Grant funds may be paid in advance. In order to receive an advance payment, the grantee must submit to SEA a completed financial status form and a narrative statement justifying the anticipated expenditures, 45 days prior to the start of each 90 day funding period. For example, a payment request must be submitted by February 15 for the April-June quarter.
(2) For the first 90 day period of the grant, a request for advance payment will be based on the estimated first quarter expenditures as detailed in the initial quarterly financial report. Subsequent payments will be based on the submitted quarterly report, projected needs, and expenditures for the previous quarter.
(3) SEA will not authorize payment for:
(A) any request submitted without the narrative justification or
(B) any single advance payment request for most or all of the grant funds.
Exceptions may be considered when it can be conclusively demonstrated by the grantee that expenditures will occur at the requested level in any one calendar quarter.
(4) The grantee is required to keep track of expenditures and make accurate estimates of cash needs for each quarter. A grantee neglecting to document expenditures and keep cash balances to a minimum will be required to switch to the reimbursement method.
(b) Reimbursement Method.
A grantee choosing to receive funds as reimbursement must submit a quarterly financial status report to SEA within 20 days following the end of each quarter. All reimbursement requests must be accompanied by documentation of expenditures. SEA will not authorize payment for any expenses not identified on the quarterly report.
(c) Release of Funds.
(1) After SEA receives the appropriate reports, it will take approximately 45 days before the funds are released to the grantee. During the 45 day period, SEA will review all submitted reports and authorize the accounting unit to file a claim with the State Controller's Office. When the State Controller receives the claim, he will process it and issue a warrant to the grantee.
(2) SEA will not release funds if any of the agreements or terms of the grant has not been kept. SEA will impose other prepayment conditions as circumstances require.
(d) Retention.
SEA will retain 10 percent of each payment request. SEA will review the grantee's final reports within 45 days after their submission. If SEA determines that the terms of the grant have been met, the funds held in retention will be authorized for release.
(e) Matching Share.
(1) Any financial assistance provided to coastal cities will not exceed 80 percent of the cost of the project. Grant funds provided to coastal counties pursuant to Section 35030 will not be used as the city's matching share.
(2) As grant expenditures occur, the grantee's matching funds must be used concurrently with state grant fund and not be held in reserve.
NOTE

Authority cited: Section 35041, Public Resources Code. Reference: Section 35042, Public Resources Code.
HISTORY

1. New section filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-19-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87, No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 2).
§19007. Fiscal Requirements for Grants.
Note     •     History

(a) Standards for Accounting and Financial Systems.
(1) The grantee shall establish a separate ledger account for receipt and expenditures of grant funds. The expenditures will be for items contained in the approved budget.
(2) Grantee financial management systems shall:
(A) Provide separate accountability for grant activities;
(B) Ensure that grant funds are not commingled with other funds;
(C) Include cash flow management procedures to minimize cash balances; and
(D) Feature accounting records that are supported by source documents.
(b) Budget Revisions.
The grantee may revise and expend original line item allotments up to 10 percent without approval of SEA. The grantee must request prior approval in writing from SEA for budget revisions in excess of 10 percent of any line item. Petition for variance to this requirement may be approved when it is submitted with the application package. Budget revisions include transfer of funds between line items or an increase or decrease in expenditures within a line item. When requesting approval for a budget revision, the grantee shall use the budget format used in the original grant application and attach a description of the proposed change, including reasons for the charge, and references to specific sections of the original grant agreement impacted by the change. Requests for budget revisions must be sent under a separate cover to SEA. SEA will respond in writing to such requests within 30 days.
(c) Retention of Records.
Grant records, including financial records, performance reports, and requests for advance payments, shall be retained for a period of four years after the date of the final financial status report unless otherwise specified in the grant agreement.
(d) Audits.
SEA or authorized designee reserves the right to make on-site inspections and audits of the grantee's records. Further, the grantee agrees to incorporate an audit of this program within their scheduled agency audits when requested by SEA. The grantee will inform SEA when audits are scheduled. Upon written request from SEA, the grantee shall provide detailed documentation of all expenses any time during the project.
(e) Financial Reports.
The grantee shall submit to SEA a quarterly financial report including a narrative of the status and a completed financial status form (Exhibit 3). The report shall contain projected and/or actual expenditures and receipts, and a payment request. This report shall also be submitted as a part of the semi-annual progress reports and grant closeout.
(f) Program Income.
(1) Interest earned on advances must be reported on the financial status report. Interest income must be disposed of in one of the following manners:
(A) With prior approval from SEA, use to supplement grant funds to offset eligible grant expenditures;
(B) With prior approval from SEA, use to offset grant funds required, or;
(C) Submit a check payable to SEA for the full amount of the interest.
(2) All other income earned during the grant period shall be subject to the same procedures used for interest income.
(g) Revisions.
These fiscal requirements are subject to revision as a result of changes in state grant procedures. The grantee will be sent copies of revisions.
NOTE

Authority cited: Section 35041, Public Resources Code. Reference: Section 35041, Public Resources Code.
HISTORY

1. New section filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-19-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87, No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 2).
§19008. Program Reports.
Note     •     History

(a) Semi-annual Progress Report.
(1) The grantee shall submit to SEA a progress report by July 31 and January 31 of each year during the grant period. Each report shall include, but not be limited to:
(A) A discussion on whether the project tasks are on schedule;
(B) A discussion of any difficulties or problems encountered in accomplishing the work statement;
(C) Corrective actions that have been and/or will be taken the grantee must obtain prior written approval from SEA before making changes to the terms or conditions of the grant agreement;
(D) A financial report (see Section 19007(e)).
(b) Final Report.
(1) The grantee shall submit a final report within 30 days after the end of the grant term. This report shall include, but not be limited to:
(A) A discussion of existing or projected offshore energy impacts faced by the city, and the extent to which the project has addressed these impacts;
(B) A statement of the objectives of the project and how these objectives were accomplished;
(C) A summary of all products, with a copy of all reports associated with the project attached;
(D) A financial report (See Section 19007(e)).
NOTE

Authority cited: Section 35041, Public Resources Code. Reference: Section 35041, Public Resources Code.
HISTORY

1. New section filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-19-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87, No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 2).
§19009. Grant Closeout Procedure.
Note     •     History

In the grant closeout process, the grantee will refund all unexpended grant funds, unused income, and credits to SEA unless other prior negotiated arrangements have been made. A check made payable to SEA, along with a final report, will be due 30 days after the end of the grant term. Upon approval of the final report, SEA will release the funds held in retention.
NOTE

Authority cited: Section 35041, Public Resources Code. Reference: Section 35041, Public Resources Code.
HISTORY

1. New section filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-19-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87, No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 2).

EXHIBIT 1.
LOCAL GOVERNMENT COASTAL MANAGEMENT IMPROVEMENT PROGRAM
(Section 19004)

View Graphic

Instructions for the
Local Government Coastal Management Improvement Program
Fiscal Application Form 

1	Applicant/Payee: Indicate organization the warrant should be made out to and include the appropriate address. 

2	Contact Person: Individual who can respond to questions regarding information contained in this application. 

3	Proposed Grant Period: The proposed calendar period for this grant.

4	Proposed Budget: Expenditures: 

4A	Salaries and Wages: Costs include salaries, retirement, workers compensation, employee benefits, group insurance, overtime, etc.

4B	Operating Expenses: Identify the total costs for communications, insurance, laboratory supplies, maintenance of equipment, structures, and grounds, memberships, office expenses, publications and legal notices, rents and leases, tools, travel, utilities, and any other expenses necessary for routine office operations. 

4C	Consulting Services: Identify the total costs for contracted outside services. 

4D	Construction Expenses: Identify the total costs related to construction activities. 

4E	Fixed Assets: Expenditures for assets exceeding $500 in value that have a useful life of more than one year. Total, Proposed Expenditures: Total the amounts for Expenditures A-E. 

4	Proposed Budget: Funding: 

4A	Matching Funds: Identify the amount of matching funds the grantee is going to contribute. This amount must be at least 20% of the proposed expenditures pursuant to Section 35042 of the Public Resources Code. 

4B	Grant Funds: Identify the requested level of grant funds. This amount must be less than or equal to 80% of the proposed expenditures pursuant to Section 35042 of the Public Resources Code. Total, Proposed Funding: Total of the amounts for Funding A-B. This total will match or exceed the total proposed expenditures. 

5	Funding Method: Identify which method of payment the grantee desires. See Item 6 of the procedures for definition of methods. 

6	Certification: Sign signature line and date it. Type in the name and title. 

7	Grant Manager Approval: Self explanatory. 

8	Secretary of Environmental Affairs Approval: Self explanatory. 

9	Chief, Air Resources Board Fiscal Branch Approval: The Air Resources Board provides fiscal support to the Secretary of Environmental Affairs.
HISTORY

1. New Exhibit 1 filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-19-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87, No. 2).
3. New exhibit filed 1-8-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 2).

EXHIBIT 2.
LOCAL GOVERNMENT COASTAL MANAGEMENT IMPROVEMENT PROGRAM
(Sections 19005 and 1006)

View Graphic

Instructions for the
Local Government Coastal Management Improvement Program
Fiscal Application Form

1	Applicant/Payee: Indicate organization the warrant should be made out to and include the appropriate address.

2	Contact Person: Individual who can respond to questions regarding information contained in this application.

3	Proposed Grant Period: The proposed calendar period for this grant.

4	Proposed Budget: Expenditures:

4A	Salaries and Wages: Costs include salaries, retirement, workers compensation, employee benefits, group insurance, overtime, etc.

4B	Operating Expenses: Identify the total costs for communications, insurance, laboratory supplies, maintenance of equipment, structures, and grounds, memberships, office expenses, publications and legal notices, rents and leases, tools, travel, utilities, and any other expenses necessary for routine office operations.

4C	Consulting Services: Identify the total costs for contracted outside services.

4D	Construction Expenses: Identify the total costs related to construction activities.

4E	Fixed Assets: Expenditures for assets exceeding $500 in value that have a useful life of more than one year.

	Total, Proposed Expenditures: Total the amounts for Expenditures A-E.

4	Proposed Budget: Funding:

4A	Matching Funds: Identify the amount of matching funds the grantee is going to contribute. This amount must be at least 20% of the proposed expenditures pursuant to Section 35042 of the Public Resources Code.

4B	Grant Funds: Identify the requested level of grant funds. This amount must be less than or equal to 80% of the proposed expenditures pursuant to Section 35042 of the Public Resources Code. Total, Proposed Funding: Total of the amounts for Funding A-B. This total will match or exceed the total proposed expenditures.

5	Funding Method: Identify which method of payment the grantee desires. See Item 6 of the procedures for definition of methods.

6	Certification: Sign signature line and date it. Type in the name and title.

7	Grant Manager Approval: Self explanatory.

8	Secretary of Environmental Affairs Approval: Self explanatory.

9	Chief, Air Resources Board Fiscal Branch Approval: The Air Resources Board provides fiscal support to the Secretary of Environmental Affairs.
HISTORY

1. New Exhibit 2 filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-19-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87, No. 2).
3. New exhibit filed 1-8-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 2). 

EXHIBIT 3.
LOCAL GOVERNMENT COASTAL 
MANAGEMENT IMPROVEMENT PROGRAM
(Sections 19006 and 19007) 

View Graphic

Instructions for the
Financial Status Report 

1a	Grantee Name and Address: Self explanatory. 

1b	Contact Person: Individual who can respond to questions regarding information contained in this report. 

2	Grant No.: Assigned by the Secretary of Environmental Affairs upon approval of the Grant Application. 

3	Grant Period: Calendar period for this grant.

4	Type of Report: The initial report will be used by a grantee requesting an advance prior to start up of the project. All other types of reports are self explanatory. Include the appropriate reporting period.

5	Expenditure and Funding Statement (Use whole dollars only)
Total Budget: This column must reflect the budget as shown in the Grant Agreement. Refer to the guidelines for instructions regarding budget revisions.
This Quarter: Appropriate expenditure totals for line items during the period of this report. A grantee using the advance payment method should include actual and anticipated expenditures. Anticipated expenditures should be detailed in the Comments section.

	To Date: Appropriate cumulative expenditure totals for line items from the beginning of the project up to the ending date of this report period.

	Unliquidated Obligations: All funds obligated on purchase orders, contracts, etc., but not expended.

	Unencumbered Balance: All funds available for expenditure or obligation. (Total Budget less To Date and Unliquidated Obligations equals Unencumbered Balance.) 
Expenditures: 

5A	Salaries and Wages: Salaries, retirement, workers compensation, employee benefits, group insurance, overtime, etc. 

5B	Operating Expenses: Communications, insurance, laboratory supplies, maintenance of equipment, structure, and grounds, memberships, office expenses, publications and legal notices, rents and leases, tools, travel, utilities, and any other expenses necessary for routine office operations. 

5C	Consulting Services: Contracts for outside services. 

5D	Construction Expenses: All costs for related construction activities.

5E	Fixed Assets: Expenditures for assets exceeding $500 in value that have a useful life of more than one year. 

6	Funding: 

6A	Matching Interest, and other funds: Each of these items will be identified on their respective line. District matching funds must total at least 20% of the total grant funds expended pursuant to Section 35042 of the Public Resources Code. 

6B	Other: Enter all funds accounted for in the project's total budget not identified as grant funds or matching funds.

6B	Grant Funds: This is the amount requested from grant funds. This amount must be less than or equal to 80% of the expenditures pursuant to Section 35042 of the Public Resources Code. 

7	Cash on Hand Status Statement: 

7A	Cash on hand at end of quarter. Enter the grant cash on hand at the end of quarter including funds on deposit, funds on hand, and undeposited checks/warrants.

8	Interest Statement:

8A	Enter only the amount of interest earned from grant funds during this quarter.

8B	Itemize all activities funded this quarter with interest earned this quarter or previous quarters.

8C	Enter the total of all interest earned from grant funds up to end of this quarter.

8D	Enter the total of all expenditures of interest earned from grant funds up to the end of this quarter.

9	Funding Method: Indicate the chosen method for funding. See guidelines for detailed description of the advance and reimbursement methods available to grantees. 

10	Grant Funds Requested: Indicate the dollar amount requested for the subsequent current quarter. 

11	Comments: Space to describe special circumstances and situations impacting this report. Attach addition sheets if necessary 

12	Certification: Self explanatory. 

13	Grant Manager Approval: Self explanatory. 

14	Chief, Office of Offshore Development Approval: Self explana- tory. 

15	Accounting Use Only: Space used by the Secretary of Environmental Affairs' accounting services to indicate payment information.
HISTORY

1. New Exhibit 3 filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-19-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87, No. 2).
3. New Exhibit 3 filed 1-8-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 2). 
4. Change without regulatory effect filed 3-2-88 (Register 88, No. 11).
Chapter 2. Permit Reform Act Appeals to the Secretary of Environmental Affairs [Repealed]
§19020. Information Required to Appear on Permit Applications. [Repealed]
Note     •     History

NOTE

Authority cited: Section 15378, Government Code. Reference: Sections 15374-15378, Government Code.
HISTORY

1. New section filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
2. Change without regulatory effect repealing chapter 2 (sections 19020-19025) and repealing section filed 2-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 7).
§19021. Appeals to the Secretary; Contents. [Repealed]
Note     •     History

NOTE

Authority cited: Section 15378, Government Code. Reference: Sections 15374-15378, Government Code.
HISTORY

1. New section filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
2. Change without regulatory effect repealing section filed 2-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 7).
§19022. Deadline for Appeals. [Repealed]
Note     •     History

NOTE

Authority cited: Section 15378, Government Code. Reference: Sections 15374-15378, Government Code.
HISTORY

1. New section filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
2. Change without regulatory effect repealing section filed 2-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 7).
§19023. Review by the Secretary. [Repealed]
Note     •     History

NOTE

Authority cited: Section 15378, Government Code. Reference: Sections 15374-15378, Government Code.
HISTORY

1. New section filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
2. Change without regulatory effect repealing section filed 2-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 7).
§19024. Violations; Failure to Notify Whether Application Is Complete or Deficient. [Repealed]
Note     •     History

NOTE

Authority cited: Section 15378, Government Code. Reference: Sections 15374-15378, Government Code.
HISTORY

1. New section filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
2. Change without regulatory effect repealing section filed 2-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 7).
§19025. Violations; Refunds of Filing Fees; Final Action Required. [Repealed]
Note     •     History

NOTE

Authority cited: Section 15378, Government Code. Reference: Sections 15374-15378, Government Code.
HISTORY

1. New section filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
2. Change without regulatory effect repealing section filed 2-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 7).
Chapter 3. Voluntary Registration of Environmental Assessors [Renumbered]
HISTORY

1. Change without regulatory effect renumbering title 14, division 8, chapter 3 (sections 19030-19044) to title 22, division 4.5, chapter 52 (sections 69200-69214) filed 7-27-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 30). For prior history of chapter 3, see Register 98, No. 52.
Division 9. Delta Protection Commission
Chapter 1. Commission Hearing Procedures
§20000. Purpose.
Note     •     History

These regulations establish the procedures by which the Delta Protection Commission processes, considers and resolves appeals from local governmental decisions which are brought before the Commission under the provisions of Public Resources Code §§ 29770-29772. Appeals may be initiated by an aggrieved person (“aggrieved person appeal”), or by the Commission on its own initiative (“appeal initiated by Commission”).
NOTE

Authority cited: Sections 29752 and 29770, Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New division 9, chapter 1 and section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment of section and Note filed 3-16-2009; operative 4-15-2009 (Register 2009, No. 12).
§20001. Time for Filing Aggrieved Person Appeal.
Note     •     History

A person aggrieved by any action taken by a local government which falls within the criteria established in Public Resources Code § 29970(a) may file an appeal with the Commission within 10 working days of the date on which the pertinent local government has taken final action concerning the matter being appealed. For proposes of this chapter, “final action” means a decision of the local government that is final and not subject to any further review by any member or decision-making body of that local government.
NOTE

Authority cited: Sections 29752 and 29770, Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment of section heading, section and Note filed 3-16-2009; operative 4-15-2009 (Register 2009, No. 12).
§20002. Contents and Filing of Aggrieved Person Appeal.
Note     •     History

An appeal brought by an aggrieved person under these regulations shall be in writing and shall contain at least the following information:
(a) the name and address of the appellant;
(b) the name and address of the third party, if any, whose proposal is the subject of the appeal and the local government action being appealed;
(c) a description of the proposal or development that is the subject of the local government action being appealed;
(d) the identity of the local governmental body whose action  is being appealed;
(e) the specific ground(s) for appeal; and
(f) a detailed statement of facts on which the appeal is based.
The appeal shall be considered “filed” with the Commission when the original letter from the appellant is received, determined by staff to contain all of the information listed above, and stamped “Filed” by the Commission with the date of filing indicated.
NOTE

Authority cited: Sections 29752 and 29770, Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment of section heading, section and Note filed 3-16-2009; operative 4-15-2009 (Register 2009, No. 12).
§20003. Grounds for Aggrieved Person Appeal.
Note     •     History

The grounds for an aggrieved person's appeal of a local government action shall be limited to those specified in Public Resources Code § 29770(a), i.e., that such action, as to lands located exclusively within the primary zone, is inconsistent with the Commission's Resource Management Plan, those portions of a local government's general plan that implement the Resources Management Plan, or the Delta Protection Act.
NOTE

Authority cited: Sections 29752 and 29770, Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment of section heading, section and Note filed 3-16-2009; operative 4-15-2009 (Register 2009, No. 12).
§20004. Commission Procedures Upon Receipt of Aggrieved Person Appeal.
Note     •     History

Within five working days of receipt of an aggrieved person appeal, the executive director of the Commission shall:
(a) post a notice and brief description of the appeal in a conspicuous location in the Commission office;
(b) mail to the affected local government a copy of the same notice and brief description, together with a copy of the appeal document(s) filed with the Commission.
(c) mail to the affected third party, if any, identified in § 20002(b) above a copy of the notice and brief description, together with a copy of the appeal document(s) filed with the Commission; and
(d) mail copies of the notice and brief description to each member of the Commission.
NOTE

Authority cited: Sections 29752 and 29770, Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment of section heading, section and Note filed 3-16-2009; operative 4-15-2009 (Register 2009, No. 12).
§20004.1. Appeal Initiated by Commission.
Note     •     History

In the absence of an appeal by an aggrieved person, the Commission may decide by majority vote to review on appeal any action taken by a local government or other local agency in implementing the Resource Management Plan, or otherwise taken pursuant to this division, for land located exclusively within the primary zone, if the Commission believes the action may be inconsistent with the Resource Management Plan, or the Delta Protection Act. Except as provided in § 20009.1(b) and (c), below, the Commission's vote shall take place no later than the first available, regularly-scheduled meeting that occurs at least 25 working days after the date on which the pertinent local government has taken final action concerning the matter. Where the Commission decides to review an action on appeal, the Commission shall proceed to hear the appeal at the Commission's next available, regularly-scheduled meeting.
NOTE

Authority cited: Sections 29752 and 29770, Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-16-2009; operative 4-15-2009 (Register 2009, No. 12).
§20005. Effect of Appeal.
Note     •     History

Upon either receipt of a timely aggrieved person appeal, or the Commission's vote to initiate an appeal on its own, the executive director shall notify the affected local government and the party whose proposal is the subject of the appeal that the operation and effect of the local government's action has been stayed pending Commission action on the appeal as required by Public Resources Code §29771. Further, the executive director shall request that the affected local agency make available for inspection and copying all relevant documents and materials used by the local government in its consideration of the action being appealed. This information shall include the names and addresses of all persons who submitted written comments or testified before the local government regarding the matter being appealed. If the Commission fails to obtain access to the documents and materials on a timely basis, the Commission shall commence a hearing on the appeal as provided in §20008 (for an aggrieved person appeal) or §20009.2 (for an appeal initiated by the Commission), but shall leave the hearing open until all such relevant documents and materials are received and reviewed by the Commission.
NOTE

Authority cited: Sections 29752 and 29770, Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment of section and Note filed 3-16-2009; operative 4-15-2009 (Register 2009, No. 12).
§20006. De Novo Review.
Note     •     History

The Commission shall conduct a de novo review of the local government action being reviewed.
NOTE

Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§20007. Standard of Review.
Note     •     History

The standard of Commission review of any appealable local government action shall be whether that action meets the requirements of Public Resources Code § 29770(a).
NOTE

Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§20008. Aggrieved Person Appeal: Hearing on Commission Jurisdiction/Appealable Issue.
Note     •     History

(a) The Commission's appellate review of an aggrieved person appeal shall be conducted in a hearing composed of two sequential phases, held in accordance with the provisions of Public Resources Code § 29770. At the first available Commission meeting occurring at least 15 working days after the filing of an appeal, but in no event more than 60 calendar days after a filing, the Commission shall conduct an initial hearing and determine by majority vote whether the appeal:
(1) fails to raise an issue within the Commission's jurisdiction; or
(2) does not raise an appealable issue.
(b) If the Commission finds either that the appeal fails to raise an issue within the Commission's jurisdiction or that it fails to raise an appealable issue, the Commission shall dismiss the appeal. That dismissal constitutes final Commission action from which judicial review may be taken under Public Resources Code § 29772.
(c) The Commission shall make the determination set forth in subsection (a) only after Commission staff has presented a recommendation, orally or in writing, on the questions presented. Staff are strongly encouraged, but not mandated, to make written as opposed to oral recommendations. Any written staff recommendation is a public record which shall be made available for public inspection at least five working days prior to the hearing.
NOTE

Authority cited: Sections 29752 and 29770, Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment of section heading, section and Note filed 3-16-2009; operative 4-15-2009 (Register 2009, No. 12).
§20009. Aggrieved Person Appeal: Hearing on Merits.
Note     •     History

Unless the Commission dismisses the aggrieved person appeal for the reasons set forth above, the Commission shall proceed to hear the appeal on its merits at the Commission's next available, regularly-scheduled meeting.
NOTE

Authority cited: Sections 29752 and 29770, Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment of section heading, section and Note filed 3-16-2009; operative 4-15-2009 (Register 2009, No. 12).
§20009.1. Withdrawal of Appeal.
Note     •     History

(a) At any time before the Commission commences the roll call for a final vote on an appeal, the appellant may withdraw the appeal. The withdrawal must be stated on the record at a hearing or filed with the Commission in writing.
(b) Where the withdrawal is stated on the record at a hearing, it shall become effective immediately. In such an event, at that same Commission meeting the Commission may decide by majority vote to review on appeal any action related to the withdrawn appeal that the Commission could have reviewed absent that aggrieved party appeal. Where the Commission decides to review an action on appeal, the Commission shall proceed to hear the appeal at the Commission's next available, regularly-scheduled meeting.
(c) Where the withdrawal is filed in writing, it shall be effective at, but not before, the Commission's next available, regularly-scheduled meeting occurring at least 15 working days after the filing. At that meeting, the Commission may decide by majority vote to review on appeal any action related to the withdrawn appeal that the Commission could have reviewed absent that aggrieved party appeal. Where the Commission decides to review an action on appeal, the Commission shall proceed to hear the appeal at the Commission's next available, regularly-scheduled meeting.
NOTE

Authority cited: Sections 29752 and 29770, Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-16-2009; operative 4-15-2009 (Register 2009, No. 12).
§20009.2. Appeal Initiated by Commission: Hearing on Jurisdiction/Appealable Issue if Raised by an Interested Person; Hearing on Merits.
Note     •     History

(a) In an appeal initiated by the Commission, any interested person may assert, prior to or at the onset of the hearing, that the appeal:
(1) does not raise an issue within the Commission's jurisdiction; or
(2) does not raise an appealable issue.
(b) Where a party makes either assertion, the Commission shall hear and resolve the assertion prior to proceeding to the merits of the appeal. In such a case, if the Commission finds either that the appeal fails to raise an issue within the Commission's jurisdiction or that it fails to raise an appealable issue, the Commission shall dismiss the appeal. That dismissal constitutes final Commission action from which judicial review may be taken under Public Resources Code §29772.
(c) Where no such assertion is made, or where the Commission determines that the appeal raises an appealable issue within its jurisdiction, the Commission shall hear the appeal on the merits.
NOTE

Authority cited: Sections 29752 and 29770, Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-16-2009; operative 4-15-2009 (Register 2009, No. 12).
§20010. Evidence and Hearing Procedures.
Note     •     History

a) Hearings conducted by the Commission under these regulations shall be conducted in a manner deemed most suitable to ensure fundamental fairness to all parties concerned, and with a view toward securing all relevant information and material necessary to render a decision without unreasonable delay.
b) Hearings need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be considered if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a court proceeding. Unduly repetitious or irrelevant evidence shall be excluded upon order of the Commission or its chairperson. 
c) Evidence before the Commission includes, but is not limited to, the record before the local government whose action is being appealed. Except in unusual circumstances, the record will not include a transcript of the local government proceedings unless provided by a party to the proceedings.
d) Any interested person may testify before the Commission regarding an appeal. Speakers' presentation shall be to the point and shall be as brief as possible. Visual and other materials may be used as appropriate. The Commission may establish reasonable time limits for presentation(s); such time limits shall be made known to all affected persons prior to any hearing. Where speakers use or submit to the Commission visual or other materials, such materials shall become part of the hearing record and shall be identified and maintained as such. Speakers may substitute reproductions of models or other large materials but shall agree to make the originals available upon request of the executive director.
e) Commissioners may ask questions of the appellant, the affected local government's representative(s), any affected third party(s) appearing at the hearing, staff or the Commission's legal counsel. Questioning of speakers at the hearing by other persons shall not be permitted except by permission of the Chairperson.
f) Interested persons may submit written comments concerning an appeal. Any such comments will be considered by the Commission if they are received by the Commission at or before the hearing on the appeal.
NOTE

Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§20011. Commission Decision on Merits of Appeal.
Note     •     History

a) The Commission's determination on the merits of an appeal brought under Public Resources Code § 29770 shall be by majority vote.
b) The Commission's decision shall be deemed final upon the taking of the vote, unless the Commission directs that written findings be prepared for consideration by the Commission on a subsequent date. If such findings are prepared, the Commission action shall be deemed final upon the date the findings are adopted by the Commission.
c) Written Commission findings, if any, shall be prepared by staff and presented to the Commission for consideration at the next regularly-scheduled meeting following the Commission's vote on the merits of the appeal. The time for preparation of findings may be extended by the Chair in appropriate circumstances.
NOTE

Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§20012. Notification of Commission Action.
Note     •     History

The Commission shall notify the local government, the appellant and the affected third party, if any, identified in § 20002(b) of each formal action taking by the Commission under §§ 20008 and 20009. The notification shall be transmitted by the Executive Director within ten working days of the Commission's formal action.
NOTE

Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§20013. Ex Parte Contacts.
Note     •     History

a) Decisions of the Commission on appeals heard under Public Resources Code § 29770 shall be based strictly on the evidence presented during the public hearing. The Commission shall not rely upon any communications, reports, staff memoranda, or other materials prepared in connection with a particular appeal unless those materials are made a part of the hearing record.
b) If commissioners receive written or oral communications from any person concerning a pending appeal outside the formal hearing process, they shall disclose, on the record and prior to a Commission vote on the appeal, both the existence and substance of the communications.
NOTE

Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.
HISTORY

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
Chapter 2. Delta Protection Commission Regulations for CEQA Compliance   (PRC § 21080.5)
§20015. Preparation of Draft Plan and Proposed Plan Amendments.
Note     •     History

Commission staff shall prepare, or shall direct the preparation of, a draft Delta resource management plan. Commission staff shall prepare, or shall direct the preparation of, any proposed amendments to the Delta resource management plan. In addition to containing a description of standards, policies, and elements, for compliance with Public Resources Code Section 29760, the draft plan, and any proposed amendments to the plan, shall contain an analysis of potentially significant adverse environmental impacts which may result from the proposal, and an analysis of feasible alternatives and feasible mitigation measures to minimize any significant adverse environmental impacts from the proposal. The analysis shall address both short-term and long-term effects on the environment, and shall also address growth-inducing effects and potential cumulative impacts. If the analysis identifies significant adverse environmental impacts, it shall also include a statement describing public benefits which substantially lessen the significant environmental impacts of the proposal.
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.
HISTORY

1. New chapter 2 and section filed 8-17-94; operative 8-17-94 (Register 94, No. 33).
§20016. Notice of Public Availability of Draft Plan and Any Proposed Amendments.
Note     •     History

Commission staff shall provide notice of the availability of the draft plan, and any proposed amendments to the plan, for public review as follows:
(a) by mailing written notice to each Commission member, each agency represented by a Commission member, other agencies with jurisdiction by law over natural resources of the Delta, the Resources Agency, and any interested person, organization, or agency which has requested notice of the availability of the draft plan; and
(b) by publishing the written notice at least once in the newspaper of largest general circulation in the primary zone of the Delta. Such notice shall provide a public comment period of at least 30 days, and shall specify the date that the comment period closes. In addition to receiving written comments in response to the notice of public availability of the draft plan or proposed amendments, the Commission may hold public meetings and hearings to receive comments.
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.
HISTORY

1. New section filed 8-17-94; operative 8-17-94 (Register 94, No. 33).
§20017. Consultation Requirements.
Note     •     History

Commission staff shall consult with all public agencies which have jurisdiction, by law, over the activities or the natural resources addressed by the draft plan or any proposed amendments to the plan.
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.
HISTORY

1. New section filed 8-17-94; operative 8-17-94 (Register 94, No. 33).
§20018. Response to Comments.
Note     •     History

Commission staff shall prepare a written summary and response to all environmental points raised during the review of the proposal. The written summary and response to environmental points shall be presented for consideration and approval by the Commission before, or no later than at the same time as, the plan or proposed amendment is considered for adoption by the Commission.
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.
HISTORY

1. New section filed 8-17-94; operative 8-17-94 (Register 94, No. 33).
§20019. Adoption of the Plan.
Note     •     History

In addition to the procedures specified by the Delta Protection Act, before adopting the plan, or any amendments to the plan, the Commission shall determine whether the plan or amendment, as proposed, may result in significant adverse environmental impacts, and, if so, whether feasible alternatives or feasible mitigation measures would substantially lessen any significant adverse impacts. The Commission shall not adopt the plan or amendment, as proposed, if there are feasible mitigation measures or alternatives which would substantially reduce any significant adverse impacts. If significant adverse impacts will likely result even after the inclusion of feasible mitigation measures or alternatives, the Commission may adopt the plan or amendment if it first makes findings in accordance with the provisions of Public Resources Code Section 21081(c).
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 21080.5, 21080.22, 21081(c), 29760, 29763 and 29763.5, Public Resources Code.
HISTORY

1. New section filed 8-17-94; operative 8-17-94 (Register 94, No. 33).
§20020. Notice to the Resources Agency.
Note     •     History

Commission staff shall file notice of the Commission's adoption of the plan, and any amendment thereto, with the Secretary for Resources and with the State Clearinghouse in the Office of Planning and Research.
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.
HISTORY

1. New section filed 8-17-94; operative 8-17-94 (Register 94, No. 33).
§20021. Consideration of Local Plan Amendments.
Note     •     History

(a) Upon receipt of local agency general plan amendments which are proposed in order to conform to Public Resources Code Section 29763.5 Commission staff shall prepare a staff report and recommendation to the Commission. The staff report shall include an analysis of the proposed amendments in comparison to the plan and an analysis identifying any potentially significant adverse environmental impacts resulting from the proposal which were not previously addressed in the commission's planning documents. If there are no new potentially significant effects identified, then the staff report shall so state. If new potentially significant environmental impacts are identified, then the staff report shall analyze such impacts, and shall identify feasible mitigation measures and feasible alternatives which would substantially reduce such impacts.
(b) Notice of the availability of the staff report and staff recommendation concerning local general plan amendments shall be provided in the same manner as notice is provided in accordance with the procedures set forth in Section 20016 of these regulations. Commission staff shall consult with all public agencies which have jurisdiction by law over the activities or resources affected by the proposed general plan amendments.
(c) Commission staff shall prepare a written summary and response to all environmental points raised during the Commission's evaluation of the proposed general plan amendments. The summary and response shall be presented to the Commission for consideration and approval prior to or at the same time as the Commission considers proposed general plan amendments for approval.
(d) In approving local general plan amendments the Commission shall follow the procedures set forth in Section 20019 of these regulations. Commission staff shall file notice of the Commission's approval of local general plan amendments with the Secretary for Resources.
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.
HISTORY

1. New section filed 8-17-94; operative 8-17-94 (Register 94, No. 33).
Chapter 3. Regulations Governing Land Use and Resource Management in the Primary Zone of the Sacramento-San Joaquin Delta
§20030. Introduction.
Note     •     History

The Delta Protection Act of 1992 (Act) established the Delta Protection Commission, a State entity to plan for and guide the conservation and enhancement of the natural resources of the Delta, while sustaining agriculture and meeting increased recreational demand. The Act defines a Primary Zone, which comprises the principal jurisdiction of the Delta Protection Commission. The Secondary Zone is the area outside the Primary Zone and within the “Legal Delta”; the Secondary Zone is not within the planning area of the Delta Protection Commission. The Act requires the Commission to prepare and adopt a Land Use and Resource Management Plan for the Primary Zone of the Delta, which must meet specific goals. This document constitutes the Land Use and Resource Management Plan for the Primary Zone of the Delta (Plan), as adopted in 1995 and will be updated in 2010.
The Act (Public Resources Code Section 29760 et seq.) requires the Commission to prepare and adopt and thereafter review and maintain a comprehensive long-term Resource Management Plan for land uses within the Primary Zone of the Delta (“Resource Management Plan”). The Resource Management Plan is to set forth a description of the needs and goals for the Delta and a statement of the policies, standards, and elements of the Resource Management Plan. Within 180 days of the adoption of the Resource Management Plan or any amendments by the Commission, all local governments, as defined in Public Resources Code Section 29725, shall submit to the Commission proposed amendments to their general plans. The amendments shall cause the general plans to be consistent with the criteria in Public Resources Code Section 29763.5 with respect to land located within the Primary Zone. Those criteria include a requirement that the general plan be consistent with the Resource Management Plan (Plan). This introduction and the following policies of the Plan constitute the regulatory portion of the Plan. 
The Primary Zone of the Sacramento-San Joaquin Delta (Delta) includes approximately 500,000 acres of waterways, levees and farmed lands extending over portions of five counties: Solano, Yolo, Sacramento, San Joaquin and Contra Costa. The rich peat soil in the central Delta and the mineral soils in the higher elevations support a strong agricultural economy. The Delta lands currently have access to the 1,000 miles of rivers and sloughs lacing the region. These waterways provide habitat for many aquatic species and the uplands provide year-round and seasonal habitat for amphibians, reptiles, mammals, and birds, including several rare and endangered species. The area is extremely popular for many types of recreation including fishing, boating, hunting, wildlife viewing, water-skiing, swimming, hiking, and biking. 
The goals of the Plan, as set out in the Act, are to “protect, maintain, and where possible, enhance and restore the overall quality of the Delta environment, including but not limited to agriculture, wildlife habitat, and recreational activities; assure orderly, balanced conservation and development of Delta land resources and improve flood protection by structural and nonstructural means to ensure an increased level of public health and safety.” 
As specified in the Act, the Delta Protection Commission is not authorized to exercise any jurisdiction over matters within the jurisdiction of, or to carry out its powers and duties in conflict with, the powers and duties of any other State agency. The Plan also provides guidance to State agencies undertaking activities in the Primary Zone. The Plan, therefore, applies to development subject to approval by the Delta counties (Contra Costa, Sacramento, San Joaquin, Yolo and Solano). Should Cities propose to expand into the Delta Primary Zone, or acquire land in the Primary Zone for utility or infrastructure facility development, those actions are to be carried out in conformity with the Delta Protection Act of 1992. 
The Plan consists of three sections. Part I, the Introduction, describes the planning program and the Plan objectives. Part II includes the Plan's individual elements. Part III describes the program for implementing the Plan. The Delta Protection Act of 1992 Map of Zones for the Sacramento-San Joaquin Delta was filed with the Secretary of State on January 4, 1993. This map shows the boundary of the Primary and Secondary Zones of the Delta. 
This Plan will be updated in 2010 following a collaborative planning process. The Delta Protection Commission established a Planning Advisory Committee (Committee) that began meeting in September 2008 which represented a broad spectrum of Delta interests. The Committee met and prepared a Draft Plan in December 2008. The Draft Plan was presented at public workshops throughout the Delta in order to receive input from the public and integrate the public's comments into the Draft Plan. The Draft Plan was presented to the Delta Protection Commission in March 2009 and the Commission held subsequent meetings to consider any updates to the Plan. 
A wide variety of reference materials were used in the preparation of this Plan. The primary reference materials used to prepare the introductory sections of the individual elements included the following: Status and Trends of Delta-Suisun Services prepared by URS Corporation for the California Department of Water Resources, May 2007; CALFED Bay-Delta Program Programmatic Record of Decision August 28, 2000; Delta Protection Commission Land Use and Resource Management Plan for the Primary Zone of the Delta Update 2008 -- Profiles of Ongoing Planning Processes and Planning Documents for Consideration prepared by the Delta Protection Commission staff, July 24, 2008; Our Vision for the California Delta prepared by the Governor's Delta Vision Blue Ribbon Task Force, January 29, 2008 (Second Printing); and the Delta Vision Strategic Plan prepared by the Governor's Delta Vision Blue Ribbon Task Force, October 2008. 
Each element includes an introductory discussion that provides the context for the element's goals and policies. The introductory discussions provide the framework from which the goals and policies of the individual elements are derived. Policies are the directions for action the local governments must embrace and support through amendments to local General Plans, if necessary. It is important to note, however, that in the implementation of both the goals and policies of this Plan, the Act specifically prohibits the exercise of the power of eminent domain unless requested by the landowner. 
The Commission will be required to take into consideration projected climate change effects in their implementation of this Land Use and Resource Management Plan. Many of the assets of the Delta are at risk from climate change. In 2006, the California Climate Change Center published a report that stated a historical rise in sea level of 7 inches and projected an additional rise of 22 to 35 inches by the end of the century. Since that time numerous other studies have published projected ranges of 7 to 23 inches (The International Panel on Climate Change, 4th Assessment on Climate Change, 2007), 20 to 55 inches (Rahmstorf, Science, 2007), and 32 to 79 inches (Pfeffer, Science, 2008) of sea level rise during this same period, with the differences in these projections attributed to how glacier ice melt is included in the calculation. Damage from sea level rise could be exacerbated by other aspects of climate change, which include an increase in the frequency and intensity of extreme weather events and increased frequency of large wildfires.
The term “shall” in these regulations is mandatory; the terms “may”, “should”, and “can” are advisory. 
This document should be considered in its entirety. 
Every five (5) years the Commission will consider revising the Plan. 
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code; and Section 13274, Water Code.
HISTORY

1. New chapter 3 (section 20030) and section filed 1-28-97; operative 2-27-97 (Register 97, No. 5).
2. Editorial correction adding new chapter and section headings (Register 97, No. 6).
3. Amendment of chapter 3 heading, amendment of section heading, and repealer and new section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
4. Amendment of section heading and section filed 10-7-2010; operative 11-6-2010 (Register 2010, No. 41).
§20040. Natural Resources.
Note     •     History

(a) Overview 
The Delta is a unique geographic area in the State of California, a low-lying region of rich mineral and peat soils, composed of islands created largely by humans as they diked and drained the prehistoric marshes of the region. The geology of the region created this unique “Delta”. Sediments trapped inland of the rocky neck of the Carquinez Straits resulted in the creation of this 1,100 square-mile area. Based on the geological characteristics of the Delta, there is potential for seismic activity in the region. 
The peat soils of the central and western Delta have oxidized, resulting in subsidence of land surfaces of up to 20 feet. Original peat soil depths varied substantially from area to area and even within a given island. Subsidence has slowed to about one-third of an inch a year in many areas. Flood threats are compounded by the low elevations of the Delta and by subsidence. Twice in each approximately 25-hour period the elevation of the Sacramento River rises and falls about three feet due to the tidal cycle. The threat of flooding is generally associated with periods of high winter rainfall and periods of rapid spring snow melt in the watersheds draining into the Delta. The most critical conditions occur when upstream darns are full and the resulting high rates of river flow combine with high tides and strong winds. 
The lush wetland habitats surrounded by riparian woodlands have been replaced by agricultural lands including cultivated and irrigated croplands as well as irrigated and non-irrigated pasture lands. Remnants of natural habitat are located largely along some sloughs and rivers and on small channel islands. Pockets of wooded or wetland habitat exist on some islands. 
The aquatic habitats historically ranged from fresh to brackish and were home to both resident and migratory fish. Modern aquatic habitats are affected by flows released from upstream dams, seasonal drainage from agricultural lands, and year-round drainage from sources outside the Primary Zone. Several large, freshwater lakes are located on the eastern edge of the Delta, providing year-round wetland habitat. 
Species native to the Delta evolved within an ecosystem that was much different than today. Many of the indigenous species have declined because of ecosystem changes over the past 150 years including: 
· Loss of habitat. 
· Loss of access to upstream habitat for anadromous fish from construction of dams. 
· Diking and draining of Delta lands to convert marshes to farms. 
· Urbanization. 
· Changes in river flows. 
· Construction of levees that separate rivers from their floodplains thereby eliminating channel meander and riparian habitat. 
· Invasion by non-native species. 
· Alterations in hydrology, particularly the elimination of variability in seasonal flow patterns. 
· Reduction in seasonal and annual variability in salinity. 
· Introduction of numerous toxic substances. 
· Export pumping in the South Delta. 
Flow patterns in the Delta are governed by inflows, large water diversions, and tidal flows. The relative importance of these flows varies with season and location. Net--tidally averaged--flows depend on inflows from the rivers and export pumping in the southern Delta. Sometimes the combination of inflows and exports causes “reverse flow,” or a situation when flow moves upstream rather than downstream. These flows can cause young fish, including eggs and larvae, to be entrained at the pumping facilities of the State Water Project and the Central Valley Project. 
The Delta provides substantial habitat for resident and migratory waterfowl and shorebirds. The abundance of these birds declined precipitously in the Delta because of land reclamation, although subsequent changes in cropping patterns have allowed populations of some species to increase. 
The Delta supports hundreds of fish, plants, mammals, amphibians, reptiles, and invertebrates. Many of the native species have declined in abundance and in range, leading to the listing of several species under the California and/or federal Endangered Species Acts. Early species declines were caused by loss or isolation of physical habitat when the Delta islands were drained. However, due to the information collected as a result of monitoring activities that occurred in the 1960's through the 1980's, it is clear that species declined due to a variety of causes including changing climate; effects of toxic substances; alteration of habitat; introduction of non-native species that consume, compete with, or alter the habitat of native species; water diversions/exports; and changes in hydrology. 
In the past few years, the abundance of several pelagic (open water) fish species inhabiting the Delta, such as delta smelt and longfin smelt, have declined to record-low levels. The reasons for this pelagic organism decline are multiple and are the subject of intense investigation. The loss of pelagic species in the Delta seems to be a function of poor conditions for food conditions, invasive species, degraded water quality, losses to export pumping, and other potential negative influences, such as toxins. The populations of salmon that migrate through the Delta and are dependent on Delta resources have also experienced precipitous declines, which have adversely affected the fishing industry. 
Long-term trends for the ecosystem depend on the severity of climate change and the future physical structure and salinity of the Delta. Large mammals, such as bear and elk, which historically lived in and around the Delta have either been eliminated or reduced to extremely low numbers. Aquatic mammals, including beaver and otter still remain. Some resident and migratory birds have adapted to the agricultural practices in the Delta, particularly the small grain fields which are flooded in fall and winter months. Migratory birds include ducks. geese, swans, cranes, and shorebirds. Hawks and eagles forage in the Delta fields. The Primary Zone, with its large open expanses of farmland, mosaic of small grain crop residues and shallow flooded fields, permit wildlife to feed and rest, thereby providing high quality wildlife habitat. 
It is recognized that Habitat Conservation Plans and Natural Community Conservation Planning (HCP/NCCP) efforts within the Delta, including the CALFED Ecosystem Restoration Program Plan (ERPP) 4, must be acknowledged in the administration of the policies of the Plan as these programs include agreements and/or contracts that have long-term provisions to sustain a durable program. 
(b) Goals 
Preserve and protect the natural resources of the Delta. Promote protection of remnants of riparian and aquatic habitat. Encourage compatibility between agricultural practices and wildlife habitat. 
(c) Policies 
(1) Preserve and protect the natural resources of the Delta. Promote protection of remnants of riparian and aquatic habitat. Encourage compatibility between agricultural practices, recreational uses and wildlife habitat. 
(2) Encourage farmers to implement management practices to maximize habitat values for migratory birds and other wildlife. Appropriate incentives, such as: purchase of conservation easements from willing sellers or other actions, should be encouraged. 
(3) Lands managed primarily for wildlife shall be managed to maximize ecological values. Appropriate programs, such as “Coordinated Resource Management and Planning” (Public Resources Code Section 9408(c)) should ensure full participation by local government and property owner representatives.
(4) Support the non-native invasive species control measures being implemented by the California Department of Fish and Game, the California Department of Boating and Waterways, the California Emergency Management Agency, the California Department of Food and Agriculture, the State Water Resources Control Board, the Central Valley and San Francisco Bay Regional Water Quality Control Boards, and the Agricultural Commissioners for the five Delta Counties (Yolo, Solano, Sacramento, San Joaquin, and Contra Costa), which include controlling the arrival of new species into the Delta. 
(5) Preserve and protect the viability of agricultural areas by including an adequate financial mechanism in any planned conversion of agricultural lands to wildlife habitat for conservation purposes. The financial mechanism shall specifically offset the loss of local government and special district revenues necessary to support public services and infrastructure. 
(6) Support the implementation of appropriate buffers, management plans and/or good neighbor policies (e.g. safe harbor agreements) that among other things, limit liability for incidental take associated with adjacent agricultural and recreational activities within lands converted to wildlife habitat to ensure the ongoing agricultural and recreational operations adjacent to the converted lands are not negatively affected. 
(7) Incorporate, to the maximum extent feasible, suitable and appropriate wildlife protection, restoration and enhancement on publicly-owned land as part of a Delta-wide plan for habitat management. 
(8) Promote ecological, recreational and agricultural tourism in order to preserve the cultural values and economic vitality that reflect the history, natural heritage and human resources of the Delta including the establishment of National Heritage Area designations. 
(9) Protect and restore ecosystems and adaptively manage them to minimize impacts from climate change and other threats and support their ability to adapt in the face of stress. 
(10) Ensure that design, construction, and management of any flooding program to provide seasonal wildlife and aquatic habitat on agricultural lands, duck club lands and additional seasonal and tidal wetlands, shall incorporate “best management practices” to minimize vectors including mosquito breeding opportunities, and shall be coordinated with the local vector control districts, (each of the four vector control districts in the Delta provides specific wetland/mosquito management criteria to landowners within their district.) 
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code. 
HISTORY

1. New section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
2. Amendment of section heading and section filed 10-7-2010; operative 11-6-2010 (Register 2010, No. 41).
§20050. Utilities and Infrastructure.
Note     •     History

(a) Overview
Due to the Delta's location between major population areas, its unique resources, especially water and natural gas, and its flat terrain and general lack of development, the Delta has high value as a utility and transportation corridor. 
Utilities located in the Delta include: radio, cellular telephone and television transmission towers; electrical transmission lines including Pacific Gas and Electric (PG&E), Sacramento Municipal Utility District, and Western Area Power Administration lines; natural gas pipelines, serving local gas fields and regional pipelines; petroleum transportation pipelines; and water transportation canals and pipelines transporting water from the Delta to regional users and to the State and federal water projects. 
The regional electrical transmission lines carry power within California as well as between regions of the western United States. More than 500 miles of transmission lines and more than 60 substations lie within the Delta boundaries. Several electrical peaking plants surrounding the Delta depend on these transmission lines. Within the larger Delta-Suisun Marsh area are approximately 240 operation gas wells. Natural gas pipelines serve local gas fields and regional pipelines. PG&E's underground natural gas storage area under McDonald Island provides up to one-third of the peak natural gas supply for its service area. Pipelines carry gasoline and aviation fuel across the Delta from Bay Area refineries to depots in Sacramento and Stockton for distribution to Northern California and Nevada. They provide approximately 50 percent of the transportation fuel used in that region. The Mokelumne Aqueduct, consisting of three pipelines, is the main municipal water conveyance facility for 1.3 million people in the East Bay Municipal Utility District. The aqueduct crosses five Delta islands/tracts (Orwood Tract, Woodward Island, Jones Tract, Roberts Island, and Sargent-Barnhart Tract) protected by levees. 
Local governments regulate the utilities that serve Delta residents and visitors including potable water, sewage disposal, and solid waste disposal. Most potable water is obtained from groundwater through local wells. Most wastewater from homes and businesses is treated in on-site septic tanks. Some of the larger communities and developments have self-contained wastewater treatment facilities. Communities outside the Primary Zone currently are anticipated to continue to release treated wastewater into Delta waterways (though wastewater discharge requirements issued by the regional water board), onto constructed wetlands, or onto agricultural lands. Most solid waste generated in the Delta is disposed of at facilities outside the area. 
Transportation systems traversing around and through the Delta include several railroads and freeways, state highways, and county roads. Three interstate freeways (Interstate 5, Interstate 80, and Interstate 580) provide major transportation and trucking routes that pass the periphery of the Delta. The three major state highways in the Delta (State Routes 4, 12, and 160) are typically two lanes, sometimes built on top of levees. Originally meant for lower traffic volumes at moderate speeds, the state highways are now heavily used for regional trucking, recreational access, and commuting. More than 50 bridges, including approximately 30 drawbridges, span the navigable channels of the Delta. 
Regional rail traffic between the Bay Area and the Central Valley passes through the Delta. The Amtrak San Joaquin route from Bakersfield to Sacramento/Oakland, which crosses through the Delta, had nearly 800,000 riders in 2006. In addition, companies such as the Sierra Northern Railway use existing short-line tracks for inter-regional freight and passenger services. 
Two major ports lie north and east of the Primary Zone, the Ports of Sacramento and Stockton, respectively. The Stockton and Sacramento Deep Water Ship channels traversing the Delta were constructed in 1933 and 1963, respectively. The Stockton channel is 35 feet deep and can handle 55,000-ton class vessels with full loads. More than 300 ships and barges used the channel in 2005. The Sacramento ship channel is 30 feet deep with plans underway to increase its depth to 35 feet. Both ports are likely to expand in the future, which would result in an increase in ship and barge traffic through the Delta. Several million tons of diversified products are shipped through the Delta each year. 
Airports in the Primary Zone of the Delta primarily serve individual land-owners, agriculture-serving businesses and small air operations. 
(b) Goals 
Ensure that the construction of new utility and infrastructure facilities is appropriate and the impacts of such new construction on the integrity of levees, wildlife, recreation, agriculture and Delta communities are avoided, minimized and mitigated. 
(c) Policies
(1) Impacts associated with construction of transmission lines and utilities can be mitigated by locating new construction in existing utility or transportation corridors, or along property lines, and by minimizing construction impacts. Before new transmission lines are constructed, the utility should determine if an existing line has available capacity. To minimize impacts on agricultural practices, utility lines shall follow edges of fields. Pipelines in utility corridors or existing rights-of-way shall be buried to avoid adverse impacts to terrestrial wildlife. Pipelines crossing agricultural areas shall be buried deep enough to avoid conflicts with normal agricultural or construction activities. Utilities shall be designed and constructed to minimize any detrimental effect on levee integrity or maintenance, agricultural uses and wildlife within the Delta. Utilities shall consult with communities early in the planning process for the purpose of creating an appropriate buffer from residences, schools, churches, public facilities and inhabited marinas.
(2) Ensure that new houses built in the Delta agricultural areas but outside of the Delta's unincorporated towns continue to be served by independent potable water and wastewater treatment facilities and/or septic systems. Agricultural uses that require wastewater treatment shall provide adequate infrastructure improvements or pay to expand existing facilities, and not overburden the existing limited community resources. The appropriate governing body shall ensure that new or expanded construction of agriculturally-oriented wastewater disposal systems meet the appropriate standards/conditions and are not residentially growth inducing. Independent treatment facilities should be monitored to ensure no cumulative adverse impact to groundwater supplies. 
(3) Ensure that new municipal sewage treatment facilities (including storage ponds) that support development or business outside of the Delta Primary Zone are not located within the Delta Primary Zone. The Rio Vista project, as described in the adopted Final Environmental Impact Report for such project, and the Ironhouse Sanitary District use of Jersey Island for disposal of treated wastewater and biosolids are exempt from this policy. 
(4) Encourage recycling programs for metals, glass, paper, cardboard, and organic materials in order to minimize waste generation. Recycling facilities for these materials should be suitably located to serve Delta residents, visitors, and businesses. High groundwater tables and subsiding soil make the Delta an inappropriate location for solid waste disposal. 
(5) Maintain roads within the Delta to serve the existing agricultural uses and supporting commercial uses, recreational users, and Delta residents. Promote the maintenance and enhancement of major thoroughfares already used as cross-Delta corridors. 
(6) Allow air transportation in the Delta to continue to serve Delta residents and agriculture-related businesses. Due to subsidence, transmission lines, high winds, fog, and high raptor and waterfowl use, the Primary Zone is not an appropriate location for new or expanded general aviation airports. 
(7) Encourage the provision of infrastructure for new water, recreational, and scientific research facilities. 
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code.  
HISTORY

1. New section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
2. Amendment filed 10-7-2010; operative 11-6-2010 (Register 2010, No. 41).
§20060. Land Use.
Note     •     History

(a) Overview
The patterns of settlement in the Delta reflect the history of immigration into the State in the late 19th century. The settlement pattern was historically, and remains to this day, closely associated with the rivers, sloughs, and waterways of the Delta, and with the configuration of agricultural lands. One incorporated city, Isleton, and portions of other incorporated cities including Stockton, Antioch, Oakley, Sacramento, West Sacramento, Elk Grove, Tracy, Lathrop and Pittsburg, are located within or just outside of the Secondary Zone; and Rio Vista is located partially within the Primary Zone, but not within the Secondary Zone. Unincorporated towns lying along the Sacramento River in the Primary Zone include Clarksburg, Courtland, Hood, Locke, Walnut Grove, and Ryde. These towns serve as social and service centers for the surrounding farms and historically served as shipping sites for products. These rural communities reflect the diverse heritage of the Delta. 
The five Delta counties (Solano, Yolo, Sacramento, San Joaquin, and Contra Costa) designate Primary Zone lands for agriculture or special Delta resources in their respective general plans. The zoning codes for the five Delta counties allow a variety of uses in the Primary Zone including agriculture and agriculturally-oriented uses; outdoor recreation; wildlife habitat; public facilities; and limited areas for commercial, industrial, and rural residential development. 
The two Delta ports, Sacramento and Stockton, own hundreds of acres of land along their respective shipping channels. Some of these lands are used for dredge material disposal and some have been or will be used for habitat mitigation sites. 
Sherman Island, Twitchell Island, Staten Island, portions of the Yolo Bypass (e.g., Vic Fazio Wildlife Area) and McCormack-Williamson Tract are held as conservation lands and are currently operated as farmlands. A number of conservation easements and mitigation banks will also be created under local Habitat Conservation Plans and Natural Communities Conservation Plans. Since 1990, urban and other land uses in the Secondary Zone have gained substantial acreage while agricultural land use has declined. Other land uses within the Secondary Zone include conservation areas, low-density rural developments, natural areas not suitable for livestock grazing, and other non-agricultural areas. 
The periphery of the Delta is undergoing rapid urbanization associated with substantial population growth. Current and future population growth increases the demand for developable land, particularly in areas near the Bay area, Stockton, and Sacramento. This demand results in the conversion of open space, primarily agricultural land, to residential and commercial uses. Increasing concern exists regarding the potential for urbanization and projects in the secondary zone to impact the Primary Zone. 
In addition to numerous local, national and international factors affecting the profitability of farming in the Delta, the acquisition of farmed land and subsequent retirement of that land affects the economic base for farm support industries; the economic base for community businesses that rely on patronage from citizens working in farm or farm support industries; the tax and assessment base for special districts, counties, and the State; and the existing wildlife use patterns that have adapted to agricultural land use patterns. 
(b) Goals 
Protect the unique character and qualities of the Primary Zone by preserving the cultural heritage, strong agricultural/economic base, unique recreational resources, and biological diversity of the Primary Zone. Direct new non-agriculturally oriented non-farmworker residential development within the existing unincorporated towns (Walnut Grove, Clarksburg, Courtland, Hood, Locke, and Ryde). 
Encourage a critical mass of farms, agriculturally-related businesses and supporting infrastructure to ensure the economic vitality of agriculture within the Delta. 
(c) Policies 
(1) The rich cultural heritage and strong agricultural/economic base, unique recreational resources, and biological diversity of the Delta shall be preserved and recognized in public/private facilities, such as museums, recreational trails, community parks, farm stands, community centers, and water access facilities within the Delta. 
(2) Local government general plans, as defined in Government Code Section 65300 et seq., and zoning codes shall continue to promote and facilitate agriculture and agriculturally-supporting commercial and industrial uses as the primary land uses in the Primary Zone; recreation and natural resources land uses shall be supported in appropriate locations and where conflicts with agricultural land uses or other beneficial uses can be minimized. 
(3) New non-agriculturally oriented residential, recreational, commercial, habitat, restoration, or industrial development shall ensure that appropriate buffer areas are provided by those proposing new development to prevent conflicts between any proposed use and existing adjacent agricultural parcels. Buffers shall adequately protect integrity of land for existing and future agricultural uses and shall not include uses that conflict with agricultural operations on adjacent agricultural lands. Appropriate buffer setbacks shall be determined in consultation with local Agricultural Commissioners, and shall be based on applicable general plan policies and criteria included in Right-to-Farm Ordinances adopted by local jurisdictions. 
(4) Direct new non-agriculturally oriented non-farmworker residential development within the existing unincorporated towns (Walnut Grove, Clarksburg, Courtland, Hood, Locke, and Ryde).
(5) Local government general plans shall address criteria under which general plan amendments in the Primary Zone will be evaluated under Public Resources Code Section 29763.5. Proposed amendments to local government general plans for areas in the Primary Zone shall be evaluated in terms of consistency of the overall goals and policies of the Land Use and Resource Management Plan.
(6) Subsidence control shall be a key factor in evaluating land use proposals. Encourage agricultural, land management, recreational, and wildlife management practices that minimize subsidence of peat soils. Local governments should utilize studies of agricultural and land management methods that minimize subsidence and should assist in educating landowners and managers as to the value of utilizing these methods. 
(7) New structures shall be set back from levees and areas that may be needed for future levee expansion consistent with local reclamation district regulations and, upon adoption, with the requirements to be identified in the California Department of Water Resources Central Valley Flood Control Plan. 
(8) Local government policies regarding mitigation of adverse environmental impacts under the California Environmental Quality Act may allow mitigation beyond county boundaries, if acceptable to reviewing fish and wildlife agencies, and with approval of the recipient jurisdiction, for example in approved mitigation banks or in the case of agricultural loss to mitigation. Mitigation in the Primary Zone for loss of agricultural lands in the Secondary Zone may be appropriate if the mitigation program supports continued farming in the Primary Zone. California Government Code Section 51256.3 (Assembly Bill 797) specifically allows an agricultural conservation easement located within the Primary or Secondary Zone of the Delta to be related to Williamson Act contract rescissions in any other portion of the secondary zone without respect to County boundary limitations.
(9) The implementation of the policies contained in the resource management plan shall not be achieved through the exercise of the power of eminent domain unless requested by the landowner. 
(10) Maintain sites for the storage of dredged material from channels within the Delta and discourage the conversion of existing sites to other uses, as appropriate. Soil that is suitable for levee rehabilitation and raising Delta lowlands should remain within the Delta. 
(11) Local governments may develop programs to cluster residential units that allow property owners to engage in limited property development in order to ensure the efficient use and conservation of agricultural lands, support open space values, and protect sensitive environmental areas in the Primary Zone. Clustered development occurs when contiguous or non-contiguous parcels are developed to cluster lots for residential use. The purpose of clustered development is to provide a mechanism to preserve agricultural land and open space, to locate housing in areas that can readily be served by public services and utilities, and provide the agricultural community an alternative to transfer of development rights. Clustered development programs shall ensure that the number of clustered lots created does not exceed the allowable density requirement for the zoning of the sum of the parcels. Clustered development may only be used one time. Neither the clustered lots nor the remainder lots may be further subdivided. Residential development shall be consistent with local General Plan policies and zoning regulations and standards. 
(12) Local governments may develop transfer of development rights (TDR) programs that allow land owners to transfer the development right from one parcel of land to another. The purpose of these TDR programs would be to ensure the efficient use and conservation of agricultural lands, to support open space values, and to protect sensitive environmental areas within the Primary Zone. This purpose would be achieved by relocating development rights within the Primary Zone to more suitable areas such as adjacent to or within existing urban areas within or outside of the Primary Zone, or to provide expanded opportunities for affordable farm worker housing. TDR programs shall ensure that the transferred development density does not exceed the development density identified for the zoning for the sending parcel, and that any farm worker housing is restricted and regulated for that purpose. The land upon which the development rights are transferred from would be restricted with a permanent conservation easement. Receiving areas must have the infrastructure capacity, public services and utilities to absorb the new development. 
(13) Support the implementation of appropriately located agricultural labor camps and housing that serve agricultural operations, which are constructed and sited consistent with Sections 17021.5 and 17021.6 of the California Health and Safety Code and consistent with the requirements of local building codes. 
(14) The conversion of an agricultural parcel, parcels, and/or an agricultural island for water impoundment, including reservoirs, water conveyance or wetland development may not result in the seepage of water onto or under the adjacent parcel, parcels, and/or island. These conversions shall mitigate the risks and adverse effects associated with seepage, levee stability, subsidence, and levee erosion, and shall be consistent with the goals of this Plan. 
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code.  
HISTORY

1. New section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
2. Amendment filed 10-7-2010; operative 11-6-2010 (Register 2010, No. 41).
§20070. Agriculture.
Note     •     History

(a) Overview 
Delta agricultural lands were “reclaimed” through construction of levees and drainage of the marshy islands of the area. In less than 100 years, from 1850 to 1930, hundreds of thousands of acres of land went into agricultural production due in large part to the high productivity of the peat soils in the central Delta and the mineral soils in the higher elevations. The farmers and landowners represented a cross section of the new Americans--Slavs, Dutch, German, English, and others. Many groups of immigrants first labored in the fields, then went on to become landowners or tenant farmers including Portuguese, Chinese, Japanese, Filipinos, and Hindus. 
Early crops were grains, fruits, and vegetables marketed in the nearby cities. Early specialty crops included wheat, barley, beans, and potatoes. Later asparagus, sugar beets, tomatoes, and celery grew in popularity. Currently, the Delta counties raise a variety of crops including grains, fruits, field crops, nuts, seeds, pasture and alfalfa, wine grapes, vegetables, olives and blueberries. 
In the recent past, thousands of acres of agricultural lands were developed for residential and other urban uses. Between 1990 and 2004, approximately 39,000 acres of agricultural land was converted to urban and other uses in the larger Delta-Suisun Marsh area (Status and Trends of Delta-Suisun Service, California Department of Water Resources, May 2007). New markets to sell crops, including new crop uses such as the conversion to fuel sources, will continue to keep agriculture an important land use in the Delta and California. 
Agricultural lands within the Delta are highly productive and well suited for ongoing agricultural operations. Delta counties have recognized the value of the agriculture economy and have clearly delineated Delta lands for long-term agricultural use. Local governments use specific land use tools to protect the agricultural way of life within the Delta. These tools are the inclusion of agricultural elements in their general plans, the adoption of urban limit lines, the establishment of buffers between agriculture and other approved uses, the adoption of Right-to-Farm ordinances, full support of the Williamson Act programs, the control of land subdivision and land use types allowed within agricultural areas, the establishment of minimum agricultural parcel sizes, and the establishment of limits on General Plan land use designation changes. Also pursuant to the Act, to the extent that any of the requirements specified in this Land Use and Resource Management Plan are in conflict, nothing in this Plan shall deny the right of the landowner to continue the agricultural use of the land. 
Some agricultural lands provide rich seasonal wildlife habitat. Thousands of acres of agricultural lands are flooded after harvest and provide feeding and resting areas for resident and migratory birds and other wildlife. This practice of seasonal flooding helps maximize the wildlife values of agricultural areas and lessen opportunities for agricultural pests. 
(b) Goals
To support long-term viability of agriculture and to discourage inappropriate development of agricultural lands. 
Support the continued capability for agricultural operations to diversify and remain flexible to meet changing market demands and crop production technology. Promote the ability for agriculture operations to change the crops or commodities produced to whatever is most economically viable at the time. Support the use of new crop production technologies that keep Delta agricultural operations competitive and economically sustainable. 
The priority land use of areas in the Primary Zone shall be oriented toward agriculture and open space. If agriculture is no longer appropriate, land uses that protect other beneficial uses of Delta resources and that would not adversely affect agriculture on surrounding lands or the viability or cost of levee maintenance, may be permitted. If temporarily taken out of agriculture production due to lack of adequate water supply or water quality, the land shall remain reinstateable to agriculturally-oriented uses for the future. 
(c) Policies 
(1) Support and encourage agriculture in the Delta as a key element in the State's economy and in providing the food supply needed to sustain the increasing population of the State, the Nation, and the world. 
(2) Conversion of land to non-agriculturally-oriented uses should occur first where productivity and agricultural values are lowest. 
(3) Promote recognition of the Delta as a place by educating individuals about the rich agricultural heritage, the unique recreational resources, the biological diversity, and the ongoing value of maintaining a healthy agricultural economy in the Delta. 
(4) Support agricultural programs that maintain economic viability and increase agricultural income in accordance with market demands, including but not limited to wildlife-friendly farming, conservation tillage and non-tillage. 
(5) Local governments shall encourage implementation of the necessary plans and ordinances to: maximize agricultural parcel size; reduce subdivision of agricultural lands; protect agriculture and related activities; protect agricultural land from conversion to non-agriculturally-oriented uses. An optimum package of regulatory and incentive programs could include: (1) an urban limit line; (2) minimum parcel size consistent with local agricultural practices and needs; (3) strict subdivision regulations regarding subdivision of agricultural lands to ensure that subdivided lands will continue to contain agriculturally-oriented land uses; (4) require adequate buffers between agricultural and non-agricultural land uses particularly residential development outside but adjacent to the Primary Zone; (5) an agriculture element of the general plan; (6) a Right-to-Farm ordinance; and (7) a conservation easement program. 
(6) Encourage acquisition of agricultural conservation easements from willing sellers as mitigation for projects within each county. Promote use of environmental mitigation in agricultural areas only when it is consistent and compatible with ongoing agricultural operations and when developed in appropriate locations designated on a countywide or Deltawide habitat management plan. 
(7) Encourage management of agricultural lands which maximize wildlife habitat seasonally and year-round, through techniques such as fall and winter flooding, leaving crop residue, creation of mosaic of small grains and flooded areas, wildlife friendly farming, controlling predators, controlling poaching, controlling public access, and others. 
(8) Encourage the protection of agricultural areas, recreational resources and sensitive biological habitats, and the reclamation of those areas from the destruction caused by inundation. 
(9) Support agricultural tourism and value-added agricultural production as a means of maintaining the agricultural economy of the Delta. 
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code.  
HISTORY

1. New section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
2. Amendment filed 10-7-2010; operative 11-6-2010 (Register 2010, No. 41).
§20080. Water.
Note     •     History

(a) Overview 
In California, rainfall runoff and snowmelt are captured in reservoirs to redistribute to urban and agricultural customers while meeting environmental requirements. About 75 percent of the State's water originates north of the Delta; and about 75 percent of the State's water needs occur south of the Delta. 
Water bound for distribution through both the State Water Project (SWP) and the federal Central Valley Project (CVP) is taken from the south Delta. The CVP has contracts to divert 3.3 million acre feet per year, which supplies primarily agricultural land south of the Delta but also supplies urban areas and wildlife refuges. In addition, water to serve some Bay area urban users is taken from the Delta. The SWP has contracts to divert 4.2 million acre feet per year from the Delta, which supplies primarily urban uses but also supplies agricultural uses south of the Delta. On average, the projects export a total of about 5 million acre feet annually. 
About two-thirds of the State's population gets at least a portion of its drinking water from the Delta. In addition, Delta farmers and irrigation districts have rights to irrigate with water taken directly from Delta sloughs and channels. 
Because the Delta drains the Sacramento River and San Joaquin River watersheds, urban stormwater runoff and waste discharges from upstream and adjacent areas enter Delta waterways and cause water quality problems. Low-flow years generally carry higher concentrations of waste discharges and agricultural runoff and drainage than do wet years. 
Some treated municipal and industrial wastewater, untreated urban storm water, and agricultural runoff and drainage enter the Delta directly. Other urban and agricultural discharges from upstream in the watershed enter the Delta along with the river flows. Seepage onto Delta islands from adjacent channels and drainage from the agricultural lands are released back to the Delta channels at hundreds of locations. 
The Central Valley Regional Water Quality Control Board (Board) has identified the Delta as impaired by a number of pollutants, including some pesticides, low dissolved oxygen, electrical conductivity (salinity), and mercury (naturally occurring in the Cache Creek watershed, as well as a legacy of the large-scale hydraulic mining of the Sierra Nevada in the late 1800s). Designation as an impaired water body by the Board, relevant to certain water quality criteria or other stressors, is variable depending on portions of the watershed within the Delta. Delta fish have elevated levels of methylmercury, which poses a risk to humans and wildlife that eat the fish on a regular basis. As of 2009, the Board has adopted a threshold called a total maximum daily load (TMDL) for dissolved oxygen and is developing a TMDL for methylmercury in the Delta. 
The daily tidal cycles and the San Joaquin River contribute most of the salinity to the Delta. During periods of high Delta inflows, salinity is low; during periods of low Delta inflows, the salinity level rises. Salinity in the Delta is managed by a mix of releases from upstream reservoirs, Cross Channel Gate operations, Delta outflow, and exports from the Delta. The Delta is governed by water quality standards for municipal and industrial uses, agricultural uses, and fish and wildlife, all of which are currently under review by the State Water Resources Control Board. The combination of organic matter (decaying vegetation), bromide in the seawater, and disinfectants used in water treatment plants produce disinfection byproducts that may pose heath risks. 
The State Water Resources Control Board and the Regional Boards designate beneficial uses of the State's waters. In the Delta, beneficial uses include: municipal and domestic supply; agriculture; industry; groundwater recharge; navigation; recreation; wildlife habitat; fish migration and spawning; and preservation of rare and endangered species. 
(b) Goals 
Protect and enhance long-term water quality in the Delta for agriculture, municipal, industrial, water-contact recreation, and fish and wildlife habitat uses, as well as all other beneficial uses.
(c) Policies
(1) State, federal and local agencies shall be strongly encouraged to preserve and protect the water quality of the Delta both for in-stream purposes and for human use and consumption. 
(2) Ensure that Delta water rights and water contracts are respected and protected, including area of origin water rights and riparian water rights. 
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code. 
HISTORY

1. New section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
2. Amendment filed 10-7-2010; operative 11-6-2010 (Register 2010, No. 41).
§20090. Recreation and Access: Including Marine Patrol, Boater Education and Safety Programs.
Note     •     History

(a) Overview 
The Delta is a unique geographic region that provides exceptional recreational opportunities including boating, fishing, hunting, hiking, biking, camping, and wildlife viewing. Recreational users originate from both within and outside of the Delta. Many of the visitors value the wide expanses of open land, interlaced waterways, historic towns, and the feeling of a slower pace of life within the Delta. 
Navigable waterways in the Delta-Suisun area are publicly accessible and currently constitute the majority of the recreational opportunities within the Delta. Boating use totals more than 6.4 million visitor days annually, composed of 2.13 million annual boat trips in the larger Delta-Suisun area (Status and Trends of Delta-Suisun Service, California Department of Water Resources, May 2007). The Aquatic Recreation Component of the Delta Recreation Strategy Plan prepared by the Delta Protection Commission forecasts demand for boating recreation through 2020 and identifies a deficit of facilities. 
Most of the recreational facilities within the Delta are provided through private marinas. Several thousand boat berths are located in the Primary Zone, almost equally allocated among Contra Costa, Sacramento, and San Joaquin counties. Private facilities also provide launching facilities, recreational vehicle and tent camping, picnicking, restaurants, and bait and tackle shops. Waterskiing and riding Personal Water Craft (PWC) are popular water-oriented activities. 
The majority of the land within the Delta is privately owned, which reduces the availability of land-based recreation. Five fishing access/launching facilities owned by the California Department of Fish and Game and managed by Sacramento and Yolo counties are located within the Delta. San Joaquin County provides land and water access at Westgate Park. Brannan Island State Recreation Area provides boat launching, camping, swimming, nature interpretation, and wind surfing. Hunting occurs mainly on private lands; although some hunting is allowed on State- and federally-owned lands and waterways. 
Concerns regarding existing and future recreational activities within the Delta include compatibility with agricultural operations and other private property uses, funding availability for the long-term maintenance and supervision of existing recreational facilities and for the development of new recreational facilities, compatibility with wildlife uses and levee maintenance requirements, overuse of existing facilities and popular waterways, the abandonment of vessels and other debris within Delta waterways, and increased demands on law enforcement and other emergency response providers. 
Opportunities are available for new recreational facilities to be provided within the Delta on publicly-owned land. Examples include pedestrian access on publicly-owned levees adjacent to Brannan Island State Recreation Area; construction of new visitor facilities, interpretive facilities and trails at the Stone Lake National Wildlife Refuge; and pedestrian trails, visitor facilities, and water access facilities at Delta Meadows Park Project. 
In addition, Senate Bill 1556, signed by the Governor in September 2006, creates a California Delta Trail and requires the Delta Protection Commission to create a plan for designing, constructing, and maintaining this trail. The California Delta Trail is planned to be a bike, pedestrian and equine trail system and recreation corridor along more than 1,000 miles of Delta waterfront that will connect with the 450-mile San Francisco Bay Trail. 
(b) Goals 
To promote continued recreational use of the land and waters of the Delta; to ensure that needed facilities that support such uses are constructed, maintained, and supervised; to protect landowners from unauthorized recreational uses on private lands; and to maximize public funds for recreation by promoting public-private partnerships and multiple use of Delta lands. 
(c) Policies
(1) Ensure appropriate planning, development and funding for expansion, ongoing maintenance and supervision of existing public recreation and access areas. 
(2) Encourage expansion of existing privately-owned, water-oriented recreation and access facilities that are consistent with local General Plans, zoning regulations and standards. 
(3) Assess the need for new regional public and private recreation and access facilities to meet increasing public need, and ensure that any new facilities are prioritized, developed, maintained and supervised consistent with local, state, and federal laws and regulations. Ensure that adequate public services are provided for all existing, new, and improved recreation and access facilities. 
(4) Encourage new regional recreational opportunities, such as Delta-wide trails, which take into consideration environmental, agricultural, infrastructure, and law enforcement needs, and private property boundaries. Also, encourage opportunities for water, hiking, and biking trails. 
(5) Encourage provision of publicly funded amenities such as picnic tables and boat-in destinations in or adjacent to and complimentary to private facilities, particularly if the private facility will agree to supervise and manage such amenities, thus lowering the long-term cost to the public. 
(6) Support multiple uses of Delta agricultural lands, such as seasonal use for hunting and provision of wildlife habitat.
(7) Support improved access for bank fishing along State highways, county roads, and other appropriate areas where safe and adequate parking, law enforcement, waste management and sanitation facilities, and emergency response can be provided and where proper rights-of-access have been acquired. 
(8) Ensure, for the sake of the environment and water quality, the provision of appropriate restroom, pump-out and other sanitation and waste management facilities at new and existing recreation sites, including marinas; encourage the provision of amenities including but not limited to picnic tables and boat-in destinations. 
(9) Encourage the development of funding and implementation strategies by appropriate governing bodies for the surrender and/or removal of water-borne debris and dilapidated, unseaworthy and abandoned vessels from waterways, to minimize navigational and environmental hazards. 
(10) Promote and encourage Delta-wide communication, coordination, and collaboration on boating and waterway-related programs including but not limited to marine patrols, removal of debris and abandoned vessels, invasive species control and containment, clean and safe boating education and enforcement, maintenance of existing anchorage, mooring and berthing areas, and emergency response in the Delta. 
(11) Recognizing existing laws, encourage establishment of Delta-wide law enforcement protocols on local public nuisance and safety issues, such as trespassing, littering, and theft. 
(12) Support and encourage programs for waterways that provide opportunities for safe boating and recreation, including removal of floating and sunken debris and abandoned vessels from Delta waterways in collaboration with appropriate agencies. 
(13) Support the development of a strategic plan, in consultation with all law enforcement agencies having jurisdiction in the Delta, to improve law enforcement and the use of available resources to ensure an adequate level of public safety. The strategic plan shall identify resources to implement the plan. 
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code.  
HISTORY

1. New section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
2. Amendment of section heading and section filed 10-7-2010; operative 11-6-2010 (Register 2010, No. 41).
§20100. Levees.
Note     •     History

(a) Overview
The Delta is the natural drain for a watershed that includes the Central Valley and the western slope of the Sierra Nevada from Fresno to Mount Shasta. Existing flood management and water supply facilities (dams, levees, and bypasses) throughout the watershed influence floodflows to the Delta. Settlers began to farm the rich lands of the Delta by the 1850s. They built low levees to allow land to be drained for farming. Few of these levees were built using modern engineering techniques, and many rest on peat foundations that have settled with the added weight. 
The main flood management facilities in the Delta include the approximately 1,100 miles of levees and the Yolo Bypass. The Yolo Bypass, with about 500,000 cubic feet per second (cfs) capacity, was designed to flood occasionally to relieve high water stages on the Sacramento River. Easements held by the Central Valley Flood Protection Board provide the right to inundate the land, including some islands such as Liberty Island, with floodwaters. The lower Sacramento ship channel and the Stockton ship channel provide some flood-carrying capability. Dredging to enlarge and clean Delta channels used to be an important element of flood management. 
Levees can fail for various reasons including the burrowing activities of animals, erosion, overtopping, deferred maintenance, seepage through sand layers underlying levee foundations, slope stability and other causes. 
Delta levees face risk of high water overtopping during the wet season (winter and spring), particularly when large storms coincide with high tides. Storms contribute to the levee overtopping risk by increasing water levels in the rivers and creating wind-induced waves. In addition, the low barometric pressures associated with large storms raise water surface levels in Delta and Suisun Marsh channels. In many cases, the flooding of the islands has been costly to local residents and farmers and to the state as a whole. Damage to levees could also occur due to sea level rise and other aspects of climate change. 
(b) Goal 
Support the improvement, emergency repair, and long-term maintenance of Delta levees and channels. Promote levee maintenance and rehabilitation to preserve the land areas and channel configurations in the Delta as consistent with the objectives of the Act. 
(c) Policies
(1) Local governments shall carefully and prudently carry out their responsibilities to regulate new construction within flood hazard areas to protect public health, safety, and welfare. These responsibilities shall be carried out consistent with applicable regulations concerning the Delta, as well as the statutory language contained in the Delta Protection Act of 1992. Increased flood protection shall not result in residential designations or densities beyond those allowed under zoning and general plan designations in place on January 1, 1992, for lands in the Primary Zone. 
(2) Support programs for emergency levee repairs and encourage coordination between local, State, and federal governments. The programs may include but are not limited to: interagency agreements and coordination; definition of an emergency; designation of emergency funds; emergency contracting procedures; emergency permitting procedures; and other necessary elements. 
(3) Support efforts to address levee encroachments that are detrimental to levee maintenance.
(4) Support funding assistance for existing unincorporated towns within the Delta to improve levees up to a 200-year flood protection level.
(5) Support stockpiling rock in the Delta for levee emergency response. 
(6) Support a multi-year funding commitment to maintain and restore both project and non-project levees in the Delta. 
(7) Encourage the beneficial reuse of dredged material, as appropriate, for levee maintenance and rehabilitation, and the maintenance of instream flows. Support and advocate for the Delta Long-Term Management Strategy (LTMS). 
(8) Seek funding for and support programs to make cost-effective levee investments in order to preserve the economy and character of the Delta. 
(9) Support a minimum Delta-specific levee design standard as established by state and federal regulations. 
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code.  
HISTORY

1. New section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
2. Amendment filed 10-7-2010; operative 11-6-2010 (Register 2010, No. 41).
§20110. Glossary.
Note     •     History

Act -- The Delta Protection Act of 1992.
Agricultural Conservation Easements -- A deed restriction landowners voluntarily place on their property to protect agricultural land. The landowner either sells or donates the development rights (some or all) of the property to a qualified conservation organization or public agency to protect the agricultural use of the land in perpetuity. 
Agricultural Labor Camps -- The Agricultural Labor Camp refers to any living unit occupied by seven (7) or more farm workers and their families occurring exclusively in association with agricultural labor. Typical uses include labor camps and labor supply camps. 
Buffer -- The area of land which serves to mitigate potential conflicts between different types of land uses. 
CALFED Bay-Delta Program -- The CALFED Bay-Delta Program was established in May 1995 and includes a consortium of 25 state and federal agencies with management and regulatory responsibilities in the Bay-Delta estuary. The mission of the Program is to develop a long-term comprehensive plan that will restore ecological health and improve water management for beneficial uses of the San Francisco Bay/Sacramento-San Joaquin Delta. 
Channel Islands -- Unleveed islands within the Delta with riparian habitat that in many cases has not changed in over 150 years and are good examples of original habitat. Sometimes referred to as `guard levees' as they minimize wake action and flow erosion from affecting the main levees.
Commission -- The Delta Protection Commission created by Section 29735 of the California Public Resources Code. 
Conservation Easement -- A restriction placed on a piece of property to protect its associated resources. The easement is either voluntarily donated or sold by the landowner and constitutes a legally binding agreement that limits certain types of uses or prevents development from taking place on the land in perpetuity while the land remains in private hands. 
Critical Mass of Farms -- Concept based on idea that economies of scale exist in input and output businesses which are essential to agriculture, meaning that certain quantities of farms are necessary for the farm supply and agricultural related businesses to remain competitive and continue to be low cost producers and service providers. 
Delta -- The Sacramento-San Joaquin Delta, as defined in Section 12220 of the Water Code, for all provisions of this division, other than Chapter 3 (commencing with Section 29735). For the purposes of Chapter 3, (commencing with Section 29735), “Delta” means the area of the Delta minus the area contained in Alameda County. 
Development --
a. “Development” means on, in, over, or under land or water, the placement or erection of any solid material or structure; discharge of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivisions pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), and any other division of land including lot splits, except where the land division is brought about in connection with the purchase of the land by a public agency for public recreational or fish and wildlife uses or preservation; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. 
b. “Development” does not include any of the following:
1. All farming and ranching activities, as specified in subdivision (e) of Section 3482.5 of the Civil Code. 
2. The maintenance, including the reconstruction of damaged parts, of structures, such as marinas, dikes, dams, levees, riprap (consistent with Chapter 1.5 (commencing with Section 12306) of Part 4.8 of Division 6 of the Water Code), breakwater, causeways, bridges, ferries, bridge abutments, docks, berths, and boat sheds. “Maintenance” includes, for this purpose, the rehabilitation and reconstruction of levees to meet applicable standards of the United States Army Corps of Engineers or the Department of Water Resources. 
3. The construction, repair, or maintenance of farm dwellings, buildings, stock ponds, irrigation or drainage ditches, water wells, or siphons, including those structures and uses permitted under the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part I of Division I of Title 5 of the Government Code). 
4. The construction or maintenance of farm roads, or temporary roads for moving farm equipment. 
5. The dredging or discharging of dredged materials, including maintenance dredging or removal, as engaged in by any marina, port, or reclamation district, in conjunction with the normal scope of their customary operations, consistent with existing federal, state, and local laws. 
6. The replacement or repair of pilings in marinas, ports, and diversion facilities. 
7. Projects within port districts, including, but not limited to, projects for the movement, grading, and removal of bulk materials for the purpose of activities related to maritime commerce and navigation. 
8. The planning, approval, construction, operation, maintenance, reconstruction, alteration, or removal by a state agency or local agency of any water supply facilities or mitigation or enhancement activities undertaken in connection therewith. 
9. Construction, reconstruction, demolition, and land divisions within existing zoning entitlements, and development within, or adjacent to, the unincorporated towns of the Delta, as permitted in the Delta Area Community Plan of Sacramento County and the general plan of Yolo County, authorized prior to January 1, 1992. 
10. Exploration or extraction of gas and hydrocarbons. 
11 The planning, approval, construction, repair, replacement, alteration, reconstruction, operation, maintenance, or removal of oxidation and water treatment facilities owned by the City of Stockton or the City of Lodi, or facilities owned by any local agency within or adjacent to the unincorporated towns of the Delta consistent with the general plan of the County of Sacramento or the County of Yolo, as the case may be. 
Farm Worker Housing -- “Farm Employee Housing” means any housing accommodation, including single-family dwellings and farm labor mobilehomes, for six (6) or fewer farm employees. 
Flood Protection -- Methods or structural measures used to mitigate flooding or reduce flooding hazards and risks. 
Good Neighbor Policies -- Policies which set forth to avoid negative impacts on agricultural land as a result of habitat enhancements. The goals of these policies should be to avoid negative impacts, address and resolve unavoidable impacts, and foster good communication and relationships among neighbors and communities. These policies should apply to all land use changes including changes in land use where habitat is actively developed, where habitat develops naturally, and where habitat is converted to agricultural or other uses. Example policies could include the implementation of Best Management Practices on the converted lands that minimize vectors (e.g., mosquito breeding opportunities), the introduction of invasive species, water quality degradation, and/or the erosion of productive soils. The policies may also include the establishment of safe harbor agreements that, among other things, limit liability for incidental take associated with agricultural and recreational activities adjacent to converted wildlife lands. 
Habitat Conservation Plans (HCPs) -- Planning documents that are required when applying to the U.S. Fish and Wildlife Service for an incidental take permit under the federal Endangered Species Act. An applicant is required to apply for an incidental take permit if a proposed activity would result in the “incidental take” of a listed wildlife species. HCPs describe the anticipated effects of the proposed taking, how those impacts will be minimized or mitigated, and how the HCP is to be funded. 
Local Agency -- Any local agency, other than a local government, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries or which maintains facilities within the Delta. “Local agency” includes, but is not limited to, a port, water agency, flood control district, county service area, maintenance district or area, improvement district or improvement area, mosquito abatement district, resource conservation district, sanitary or sewer district, or any other zone or area, formed for the purpose of designating an area within which either an assessment or a property tax rate will be levied to pay for a service or improvement benefiting that area or a special function that will be carried out within that area. 
Local Government -- The Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo, and the Cities of Sacramento, Stockton, Tracy, Antioch, Pittsburg, Isleton, Lathrop, Brentwood, Rio Vista, West Sacramento, and Oakley, and any other cities that may be incorporated in the future in the Primary Zone. 
Mitigation Banks -- A Mitigation Bank is a wetland, stream, or other aquatic resource area that has been restored, established, enhanced, or preserved for the purpose of providing compensation for unavoidable impacts to aquatic resources under Section 404 of the federal Clean Water Act or a similar State or local wetland regulation. 
National Heritage Area -- A place designated by the United States Congress where natural, cultural, historic and recreational resources combine to form a cohesive, nationally-distinctive landscape arising from patterns of human activity shaped by geography. These areas tell nationally important stories about our nation and are representative of the national experience through both the physical features that remain and the traditions that have evolved within them.
Natural Community Conservation Plan -- A plan prepared pursuant to a planning agreement entered into in accordance with Section 2810 of the Natural Community Conservation Planning Act (California Fish and Game Code Sections 2800-2835) that identifies and provides for the regional or area wide protection of plants, animals, and their habitats, while allowing compatible and appropriate economic activity. 
Non-Agriculturally Oriented Non-Farmworker Residential Development -- Development of buildings consisting only of dwelling units that are not supporting agricultural operations and are not farm worker housing. 
Open Space -- As defined in Section 65560 of the Government Code. 
Pacific Flyway -- The identified migratory bird flight path, including feeding and nesting habitat, as described in the Central Valley Habitat Joint Venture component of the North American Waterfowl Management Plan (NAWMP-1986). 
Personal Water Craft -- General term for a broad range of small, powered boats that typically carry one or two persons, and are popularly known by registered tradenames such as Jet Ski, Ski Doo, etc. 
Plan -- Land Use and Resource Management Plan for the Primary Zone of the Delta.
Primary Zone -- The Delta land and water area of primary state concern and statewide significance which is situated within the boundaries of the Delta, as described in Section 12220 of the Water Code, but that is not within either the urban limit line or sphere of influence line of any local government's general plan or currently existing studies, as of January 1, 1992. The precise boundary lines of the Primary Zone includes the land and water areas as shown on the map titled “The Delta Protection Act of 1992 Map of Zones” for the Sacramento-San Joaquin Delta filed with the Secretary of State on January 4, 1993. Where the boundary between the Primary Zone and Secondary Zone is a river, stream, channel, or waterway, the boundary line shall be the middle of that river, stream, channel, or waterway. 
Reclamation Districts -- A form of special-purpose districts which are responsible for reclaiming and/or maintaining land that is threatened by permanent or temporary flooding for agricultural, residential, commercial, or industrial use. The land is reclaimed by removing and/or preventing water from returning via systems of levees, dikes, drainage ditches, and pumps. 
Restoration -- Actions which return a degraded or deteriorated area to a level of increased productivity, environmental quality, or beneficial values. 
Right-to-Farm-Ordinance -- Refers to the concept that conduct of agricultural operations takes precedence over the need to prevent agricultural operations from negatively affecting nearby non-agricultural users. 
Secondary Zone -- All the Delta land and water area within the boundaries of the Delta not included within the Primary Zone, subject to the land use authority of local government, and that includes the land and water areas as shown on the map titled “The Delta Protection Act of 1992 Map of Zones” for the Sacramento-San Joaquin Delta filed with the Secretary of State on January 4, 1993. 
Special District -- A type of district differing from general-purpose districts like municipalities, counties, etc., in that they only serve one or a few specialized services only to those persons who live within them. They possess fiscal and administrative autonomy and often are empowered to tax residents of the district. Examples include emergency services districts, reclamation districts, school districts and vector control districts.
Subsidence -- The gradual, local settling or sinking of the earth's surface with little or no horizontal motion. Drainage of Delta plains results in aeration of soil which leads to oxidation of its organic components, such as peat, and this decomposition process may cause significant land subsidence. 
Suisun Marsh -- The largest brackish marsh on the west coast of the United States of America. The marsh is immediately west of the Sacramento-San Joaquin Delta as well as part of the San Francisco Bay estuary. It includes the water-covered areas, tidal marsh, diked-off wetlands, seasonal marshes, lowland grasslands, upland grasslands, and cultivated lands identified in the Suisun Marsh Preservation Act (California Public Resources Code 29000-29612) including both the primary and secondary management areas as shown on the Suisun Marsh Protection Plan Map dated December 1976, available from the San Francisco Bay Conservation and Development Commission. It also includes the entire right-of-way of any state highway that is designated as a portion of the boundary of the marsh. 
TMDL (total maximum daily load) -- A calculation of the maximum amount of a pollutant that a waterbody can receive and still safely meet water quality standards. 
Transfer Development Rights -- A type of zoning ordinance that allows owners of property zoned for low-density development or conservation use to sell development rights to other property owners. The development rights purchased permit the landowners to develop their parcels at higher densities than otherwise. The system is designed to provide for low-density uses, such as historic preservation, without unduly penalizing some landowners. 
200-year Levee Standards -- Levees which are developed to achieve protection from the 200-year flood (the flood event that has a 0.5% chance of occurring in any year). 
Unincorporated Towns -- The communities of Walnut Grove, Clarksburg, Courtland, Hood, Locke, and Ryde. 
Urban -- Of, relating to, characteristic of or constituting a city. Urban areas are generally characterized by moderate and higher density residential development (i.e., three or more dwelling units per acre), commercial development, and industrial development, and the availability of public services required for that development, specifically central water and sewer, an extensive road network, public transit, and other such services (e.g., safety and emergency response). Development not providing such services may be “non-urban” or “rural.”
Urban Limit Line -- general plan line established and approved by any local government within the Delta which delineates boundaries beyond which urban development is not publicly proposed by local government, as of January 1, 1992. 
Water Trail -- A stretch of river, a shoreline, or an ocean that has been mapped out with the intent to create an educational, scenic, and challenging experience for recreational canoers and kayakers. 
Williamson Act -- Also known as the California Land Conservation Act of 1965 which enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use. In return, landowners receive property tax assessments which are much lower than normal because they are based upon farming and open space uses as opposed to full market value. Local governments receive an annual subvention of forgone property tax revenues from the state via the Open Space Subvention Act of 1971. 
NOTE

Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code.
HISTORY

1. New section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
2. Amendment of section heading and section filed 10-7-2010; operative 11-6-2010 (Register 2010, No. 41).
Division 10. San Joaquin River Conservancy
Chapter 1. Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms
§25001. Definitions.
Note     •     History

(a) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture, landscape architecture, engineering, environmental services, land surveying or construction project management.
(b) “Small Business” means a firm that complies with the provisions of Government Code Section 14837.
(c) “Executive Officer” means the Executive Officer of the San Joaquin River Conservancy.
(d) “Conservancy” means the San Joaquin River Conservancy, established pursuant to the provisions of the Public Resources Code, commencing with Section 32500.
(e) “Architectural, landscape architectural, engineering, environmental, land surveying services” and “construction project management” means those services, as defined in Section 4525 of the Government Code.
(f) The term “Disabled Veteran Business Enterprise” shall have the meaning set forth in Section 999 of the Military and Veterans Code.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4525, Government Code; and Monterey Mechanical Co. v. Wilson (1997) 125 F.3d 702, 706 fn. 5.
HISTORY

1. New division 10, chapter 1 (sections 25001-25012) and section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§25002. Selection Criteria.
Note     •     History

The Executive Officer shall utilize selection criteria for each proposed project which will comprise the basis for the selection of eligible firms to perform the required services. The criteria shall include such factors as:
(a) Professional experience of the firm in performing services of similar nature.
(b) Quality and relevance of recently completed or ongoing work.
(c) Reliability, continuity, and location of firm to the project site.
(d) Staffing capability.
(e) Education and experience of key personnel to be assigned.
(f) Knowledge of applicable regulations and technology associated with the services required.
(g) Specialized experience of the firm in the services to be performed.
(h) Participation as small business firm.
(i) Other factors the Executive Officer deems relevant to the specific task to be performed.
These factors shall be weighted by the Executive Officer according to the nature of the proposed project, the complexity and special requirements of the specific services or project, and the needs of the Conservancy.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4527 and 4529.5, Government Code.
HISTORY

1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§25003. Announcement of Project.
Note     •     History

(a) A statewide announcement of each proposed project shall be published in the California State Contracts Register, in accordance with the Government Code (commencing with Section 14825), and through the publications of the respective professional societies. Failure of any professional society to publish the announcement shall not invalidate any contract.
(b) The announcement for each proposed project shall include, as a minimum, a brief description of the services required, location, duration, eligibility and preferences, submittal requirements, contact person for the Conservancy, and the final response date for receipt of statements from firms of their demonstrated competence and professional qualifications.
(c) The Executive Officer shall identify potentially qualified small business firms interested in contracting with the Conservancy, and provide copies of project announcements to those small business firms that have indicated an interest in receiving the announcements. Failure of the Executive Officer to send a copy of an announcement to any firm shall not invalidate any contract.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
HISTORY

1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§25004. Selection of Qualified Firms.
Note     •     History

(a) After the expiration of the final response date in the published project announcement, the Executive Officer shall review and evaluate the written statements of demonstrated competence and professional qualifications using the selection criteria contained in Section 25002 of these regulations, and rank, in order of preference, the firms determined to be eligible to perform the required services.
(b) The Executive Officer shall conduct discussions with at least the three most eligible firms, about anticipated concepts and the benefit of alternative methods for furnishing the required services. From the firms with which discussions are held, the Executive Officer shall select, in order of preference, not less than three firms deemed to be the most highly qualified to perform the required services.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4627, Government Code.
HISTORY

1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§25005. Estimate of Value of Services.
Note     •     History

(a) Before entering into discussion with any firm selected pursuant to section 25004 of these regulations, the Executive Officer shall prepare, or direct the preparation of, an estimate of the value of the proposed project, based upon accepted rates for comparable services. The estimate will serve as a guide in determining fair and reasonable compensation in the negotiation of a satisfactory contract in accordance with the provisions of section 25007 of these regulations, and shall not be disclosed until after the award of the contract or the abandonment of the negotiation process for the services to which it relates.
(b) At any time that the Executive Officer determines the estimate of value of services to be unrealistic for any reason, the Executive Officer shall require the estimate to be reevaluated and, if deemed necessary, modified.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code.
HISTORY

1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§25006. Statewide Participation Goals.
Note     •     History

In the negotiation of a satisfactory contract as provided in section 25007 of these regulations, the best qualified firm must meet the statewide participation goal of not less than 3 percent for disabled veteran business enterprises, or demonstrate that a good faith effort was made to meet it, in order to comply with the statewide participation goals as required by the regulations contained in Title 2, California Code of Regulations, Sections 1896.61-1896.64.
NOTE

Authority cited: Section 4526, Government Code; Section 10115, Public Contract Code; and Section 999, Military and Veterans Code. Reference: Section 4528, Government Code; Sections 10115, 10115.1 and 10115.2, Public Contract Code; Sections 999, 999.1, 999.2 and 999.3, Military and Veterans Code; and Monterey Mechanical Co. v. Wilson (1997) 125 F.3d 702, 706 fn. 5.
HISTORY

1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§25007. Negotiation.
Note     •     History

(a) From among the firms selected through the procedure described in section 25004 of these regulations, as those most highly qualified to perform the services required, the Executive Officer shall attempt to negotiate a satisfactory contract with the best qualified firm at a compensation which the Conservancy determines is fair and reasonable.
(b) If the Executive Officer is unable to negotiate a satisfactory contract with the best qualified firm at a compensation which the Conservancy determines is fair and reasonable, negotiations with that firm shall be terminated and negotiations undertaken with the second best qualified firm. If the Executive Officer is unable to negotiate a satisfactory contract with the second best qualified firm at a compensation which the Conservancy determines is fair and reasonable, then negotiations with that firm shall be terminated and negotiations undertaken with the third best qualified firm. If the Executive Officer is unable to negotiate a satisfactory contract with the third best qualified firm at a compensation which the Conservancy determines is fair and reasonable, negotiations with that firm shall be terminated.
(c) If the Executive Officer is unable to negotiate a satisfactory contract in accordance with subsections (a) and (b) immediately above, the Executive Officer shall continue the negotiations process with the remaining qualified firms, if any, in order of preference, until a satisfactory contract is reached. If unable to negotiate a satisfactory contract with any of the qualified firms, the Executive Officer shall abandon the negotiation process for the requested services.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4527 and 4528, Government Code.
HISTORY

1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§25008. Amendments.
Note     •     History

If the Executive Officer determines that a change in the contract is necessary during the performance of the services being provided, then the contracting parties may, by mutual consent, in writing, agree to modifications, additions or deletions in the contract terms, conditions and specifications for the services involved, with a reasonable adjustment also in the compensation provided for the services.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4528, Government Code.
HISTORY

1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§25009. Contracting in Phases.
Note     •     History

If the Executive Officer determines it is necessary or desirable for the project to be performed in separate phases, the Executive Officer may negotiate a partial compensation for the initial phase of the services required; provided, however, that the Executive Officer first determines that the firm selected is best qualified to perform the entire project. The contract shall include a provision that the Conservancy may, at its option, utilize the firm to perform other phases of the services at a compensation which the Conservancy determines is fair and reasonable, to be later negotiated and included in a mutually acceptable written agreement. In the event that the Conservancy exercises its option under the contract to utilize the firm to perform other phases of the project, the procedures of this Chapter with regard to estimates of value of services and negotiation shall similarly be followed.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code.
HISTORY

1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§25010. Executive Officer's Power to Require Bids.
Note     •     History

If the Executive Officer determines that the services are technical in nature and involve little professional judgement and that requiring bids would be in the public interest, a contract shall be awarded on the basis of competitive bids and not the procedures of this Chapter.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4529, Government Code.
HISTORY

1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§25011. Unlawful Consideration.
Note     •     History

Each contract shall include a provision by which the contracting firm warrants to the state that the contract was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any Conservancy officer or employee. Failure to adhere to this warranty may be cause for contract termination and recovery of damages under the rights and remedies due the Conservancy under the default provisions of the contract.
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4526, Government Code.
HISTORY

1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§25012. Prohibited Relationships.
Note     •     History

No Conservancy employee or officer who participates in the evaluation or selection process leading to award of a contract shall have a relationship with any of the firms seeking that contract, if that relationship is subject to the prohibition of Government Code Section 87100.
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526, 87100 and 87102, Government Code.
HISTORY

1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
Division 11. Coachella Valley Mountains Conservancy
Chapter 1. Coachella Valley Mountains Conservancy
§25050. Conflict of Interest Code.
Note     •     History

The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, Title 2, California Code of Regulations, Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments to the Political Reform Act after public notice and hearings. Therefore, the terms of Title 2, California Code of Regulations, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Coachella Valley Mountains Conservancy.
Designated employees shall file their statements of economic interests with the Coachella Valley Mountains Conservancy. Upon receipt of the statements of the members of the Coachella Valley Mountains Conservancy, the Conservancy shall make and retain copies and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the Coachella Valley Mountains Conservancy and made available for public inspection and reproduction. (Gov. Code, §81008).
NOTE

Authority cited: Section 87300, Government Code.  Reference: Sections 87300-87302 and 87306, Government Code.
HISTORY

1. New division 11 (chapter 1), chapter 1 (section 25050), section and Appendices A and B filed 6-23-2003; operative 7-23-2003. Approved by Fair Political Practices Commission 5-12-2003  (Register 2003, No. 26). 

Appendix A

Designated Positions	Assigned Disclosure Categories

Chairperson, Vice-Chairperson, all	1
Board members and Designees

Consultants paid by the Conservancy1	1

Executive Director	1

Associate Director	1

Appendix B

Disclosures Categories
Category 1
Persons in this category are required to report:
(1) All real property or an interest in real property located within or not more than two miles from the boundaries of the Coachella Valley.2
(2) All sources of income from, and all investments and business positions in, entities which are of the type which provide goods, services, equipment, leased space, materials, supplies or machinery to the Conservancy.

___________

1With respect to consultants the Executive Director, however, may determine in writing that a particular consultant, although a “designated person,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

2For purposes of this Appendix, “Coachella Valley” means the jurisdictional limits of the Coachella Valley Mountains Conservancy as set forth in Public Resources Code §33502.
Division 13. San Diego River Conservancy
Chapter 1. San Diego River Conservancy
§25201. Conflict-of-Interest Code.
Note     •     History

The Political Reform Act, Government Code Section 81000 et seq., requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations, Section 18730 that contains the terms of a standard conflict-of-interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the conflict-of-interest code of the San Diego River Conservancy (Conservancy).
Individuals holding designated positions shall file their statements of economic interests with the Conservancy, which will make the statements available for public inspection and reproduction. (Gov. Code Sec. 81008.). Upon receipt of the statements of the governing board of the Conservancy, the Conservancy shall make and retain copies and forward the original of these statements to the Fair Political Practices Commission. All other statements will be retained by the Conservancy.
NOTE

Authority cited: Section 87300, Government Code.  Reference: Sections 87300-87302 and 87306, Government Code.
HISTORY

1. New division 13 (chapter 1), chapter 1 (section 25201), section and Appendices A and B filed 1-11-2005; operative 2-10-2005. Approved by Fair Political Practices Commission 11-9-2004  (Register 2005, No. 2). 
2. Amendment of section heading, section, footnote to Appendix A and Appendix B and footnote filed 5-7-2009; operative 6-6-2009. Approved by Fair Political Practices Commission 4-13-2009  (Register 2009, No. 19). 

Appendix A

Designated Positions	Assigned Disclosure Categories

Chairperson, Vice-Chairperson, all	1
Board members and Designees

Consultants paid by the Conservancy1	1

Executive Officer	1

Appendix B

Disclosure Categories
Category 1
Persons in this category are required to report:
(1) All interests in real property located within or not more than two miles from the boundaries of the San Diego River Area.2
(2) All investments and business positions in, and sources of income, including gifts, loans and travel payments, from entities of the type to provide goods, services, equipment, leased space, materials, supplies or machinery to the Conservancy.

___________

1With respect to consultants, the Executive Officer may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Officer's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code, §81008.)

2For purposes of this appendix, “San Diego River Area” means the jurisdictional limits of the San Diego River Conservancy as set forth in Public Resources Code sections 32644 and 32632, subdivision (g).
Chapter 2. Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms
§25202. Definitions.
Note     •     History

(a) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture, landscape architecture, engineering, environmental services, land surveying or construction project management. 
(b) “Small Business” means a firm that complies with the provisions of Government Code Section 14837. 
(c) “Executive Officer” means the Executive Officer of the San Diego River Conservancy. 
(d) “Conservancy” means the San Diego River Conservancy, established pursuant to the provisions of the Public Resources Code, commencing with Section 32630.
(e) “Architectural, landscape architectural, engineering, environmental, land surveying services” and “construction project management” means those services, as defined in Section 4525 of the Government Code. 
(f) The term “Disabled Veteran Business Enterprise” shall have the meaning set forth in Section 999 of the Military and Veterans Code. 
NOTE

Authority cited: Section 32643, Public Resources Code; Article XXII, Sections 1 and 2, California Constitution; and Section 4526, Government Code. Reference: Section 32643, Public Resources Code; and Sections 4525-4529.5, Government Code. 
HISTORY

1. New chapter 2 (sections 25202-25211) and section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§25203. Selection Criteria.
Note     •     History

With respect to architecture, landscape architecture, engineering, environmental services, land surveying or construction project management contracts, the Executive Officer shall utilize selection criteria for each proposed project which will comprise the basis for the selection of eligible firms to perform the required services. The criteria shall include such factors as: 
(a) Professional experience of the firm in performing services of similar nature. 
(b) Quality and relevance of recently completed or ongoing work. 
(c) Reliability, continuity, and location of firm to the project site. 
(d) Staffing capability. 
(e) Education and experience of key personnel to be assigned. 
(f) Knowledge of applicable regulations and technology associated with the services required. 
(g) Specialized experience of the firm in the services to be performed. 
(h) Status as a certified small business firm. 
(i) Status as a disable veteran business enterprise (DVBE) and good faith effort of the contractor to contract with DVBEs to assist the Conservancy in its efforts to meet statewide participation goals for DVBEs as set forth in Public Contract Code section 10115. 
(j) Other factors the Executive Officer deems relevant to the specific task to be performed. These factors shall be weighted by the Executive Officer according to the nature of the proposed project, the complexity and special requirements of the specific services or project, and the needs of the Conservancy. 
NOTE

Authority cited: Section 32643, Public Resources Code; Article XXII, Sections 1 and 2, California Constitution; and Section 4526, Government Code. Reference: Section 32643, Public Resources Code; and Sections 4525-4529.5, Government Code. 
HISTORY

1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§25204. Announcement of Project.
Note     •     History

(a) An annual statewide announcement of expected needs for architecture, landscape architecture, engineering, environmental services, land surveying or construction project management services shall be published in the California State Contracts Register, in accordance with the Government Code (commencing with Section 14825), and through the publications of the respective professional societies. Failure of any professional society to publish the announcement shall not invalidate any contract. 
(b) The announcement for each proposed project shall include, as a minimum, a brief description of the services required, location, duration, eligibility and preferences, submittal requirements, contact person for the Conservancy, and the final response date for receipt of statements from firms of their demonstrated competence and professional qualifications. 
(c) The Executive Officer shall identify potentially qualified small business firms interested in contracting with the Conservancy, and provide copies of project announcements to those small business films that have indicated an interest in receiving the announcements. Failure of the Executive Officer to send a copy of an announcement to any firm shall not invalidate any contract. 
NOTE

Authority cited: Section 32643, Public Resources Code; Article XXII, Sections 1 and 2, California Constitution; and Section 4526, Government Code. Reference: Section 32643, Public Resources Code; and Sections 4525-4529.5, Government Code. 
HISTORY

1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§25205. Selection of Qualified Firms.
Note     •     History

(a) After the expiration of the final response date in the published project announcement, the Executive Officer shall review and evaluate the written statements of demonstrated competence and professional qualifications using the selection criteria contained in section 25203 of these regulations, and rank, in order of preference, the firms determined to be eligible to perform the required services. 
(b) The Executive Officer shall conduct discussions with at least the three most eligible firms, about anticipated concepts and the benefit of alternative methods for furnishing the required services. From the firms with which discussions are held, the Executive Officer shall select, in order of preference, not less than three firms deemed to be the most highly qualified to perform the required services. 
NOTE

Authority cited: Section 32643, Public Resources Code; Article XXII, Sections 1 and 2, California Constitution; and Section 4526, Government Code. Reference: Section 32643, Public Resources Code; and Sections 4525-4529.5, Government Code. 
HISTORY

1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§25206. Statewide Participation Goals.
Note     •     History

Contracts awarded under this chapter shall have statewide participation goals of not less than three percent for DVBEs as specified in Public Contract Code section 10115. 
NOTE

Authority cited: Section 32643, Public Resources Code; Article XXII, Sections 1 and 2, California Constitution; Section 4526, Government Code; Section 10115, Public Contract Code; and Section 999, Military and Veterans Code. Reference: Section 32643, Public Resources Code; Section 4528, Government Code; Sections 10115, 10115.1 and 10115.2, Public Contract Code; and Sections 999, 999.1, 999.2 and 999.3, Military and Veterans Code; and Monterey Mechanical Co. v. Wilson (1997) 125 F.3d 702, 706 fn. 5. 
HISTORY

1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§25207. Negotiation.
Note     •     History

(a) From among the firms selected through the procedure described in section 25205 of these regulations, as those most highly qualified to perform the services required, the Executive Officer shall attempt to negotiate a satisfactory contract with the best qualified firm at a compensation which the Conservancy determines is fair and reasonable. 
(b) If the Executive Officer is unable to negotiate a satisfactory contract with the best qualified firm at a compensation which the Conservancy determines is fair and reasonable, negotiations with that firm shall be terminated and negotiations undertaken with the second best qualified firm. If the Executive Officer is unable to negotiate a satisfactory contract with the second best qualified firm at a compensation which the Conservancy determines is fair and reasonable, then negotiations with that firm shall be terminated and negotiations undertaken with the third best qualified firm. If the Executive Officer is unable to negotiate a satisfactory contract with the third best qualified firm at a compensation which the Conservancy determines is fair and reasonable, negotiations with that firm shall be terminated. 
(c) If the Executive Officer is unable to negotiate a satisfactory contract in accordance with subsections (a) and (b) immediately above, the Executive Officer shall continue the negotiations process with the remaining qualified firms, if any, in order of preference, until a satisfactory contract is reached. If unable to negotiate a satisfactory contract with any of the qualified firms, the Executive Officer shall abandon the negotiation process for the requested services. 
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4527 and 4528, Government Code. 
HISTORY

1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§25208. Contracting in Phases.
Note     •     History

If the Executive Officer determines it is necessary or desirable for the project to be performed in separate phases, the Executive Officer may negotiate a partial compensation for the initial phase of the services required; provided, however, that the Executive Officer first determines that the firm selected is best qualified to perform the entire project. The contract shall include a provision that the Conservancy may, at its option, utilize the firm to perform other phases of the services at a compensation which the Conservancy determines is fair and reasonable, to be later negotiated and included in a mutually acceptable written agreement. In the event that the Conservancy exercises its option under the contract to utilize the firm to perform other phases of the project, the procedures of this Chapter with regard to estimates of value of services and negotiation shall similarly be followed. 
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code. 
HISTORY

1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§25209. Executive Officer's Power to Require Bids.
Note     •     History

If the Executive Officer determines that the services are technical in nature and involve little professional judgement and that requiring bids would be in the public interest, a contract shall be awarded on the basis of competitive bids and not the procedures of this Chapter. 
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4529, Government Code. 
HISTORY

1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§25210. Unlawful Consideration.
Note     •     History

Each contract shall include a provision by which the contracting firm warrants to the state that the contract was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any Conservancy officer or employee. Failure to adhere to this warranty may be cause for contract termination and recovery of damages under the rights and remedies due the Conservancy under the default provisions of the contract. 
NOTE

Authority cited: Section 4526, Government Code. Reference: Section 4526, Government Code. 
HISTORY

1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§25211. Prohibited Relationships,
Note     •     History

No Conservancy employee, officer or Board member who participates in the evaluation or selection process leading to award of a contract shall have a relationship with any of the firms seeking that contract, if that relationship is subject to the prohibition of Government Code Section 87100. 
NOTE

Authority cited: Section 4526, Government Code. Reference: Sections 4526, 87100 and 87102, Government Code. 
HISTORY

1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
Division 14. Sierra Nevada Conservancy
Chapter 1. Sierra Nevada Conservancy
§25231. Conflict-of-Interest Code of the Sierra Nevada Conservancy.

(a) The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Sec. 18730) that contains the terms of a standard conflict-of-interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference. This regulation and the attached Appendices designating positions and establishing disclosure categories, shall constitute the conflict-of-interest code of the Sierra Nevada Conservancy (Conservancy).
(b) Individuals holding designated positions shall file their statements with the Conservancy which will make the statements available for public inspection and reproduction. (Gov. Code Sec. 81008). Upon receipt of the statements for the Members of the Board, Alternates and the Executive Officer, the Conservancy shall make and retain copies and forward the originals to the Fair Political Practices Commission. All other statements will be retained by the Conservancy.

Appendix A

Designated Position	Disclosure Categories

Board Members and Alternates	1, 2, 3, 4
Executive Officer	1, 2, 3, 4
Assistant Executive Officer (CEA)	1, 2, 3, 4
Staff Counsel	1, 2, 3, 4
Staff Services Manager II	1, 2, 3, 4
Tahoe Conservancy Program Manager	1, 2, 3, 4
Conservancy Project Development Manager	1, 2, 3, 4
Tahoe Conservancy Program Analysts II	1, 2, 3, 4
Conservancy Project Development Analyst II	1, 2, 3, 4
Conservancy Project Development Specialist	1, 2, 3, 4
Associate Governmental Program Analyst 
 (Procurement) 	1, 2, 3, 4
Associate Governmental Program Analyst 
 (Contracting)	1, 2, 3, 4 

Consultants 	*
___________
* Consultants shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: 
The Executive Officer may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based on that description, a statement of the extent of disclosure requirements. The Executive Officer's determination is a public record and shall be retained for public inspection in the same manner and location as other statements filed in accordance with this conflict of interest code. (Gov. Code, Section 81008.)

Appendix B
Disclosure Categories

Category 1
Individuals in this category must report all interests in real property located within or not more than two miles outside the boundaries of the region. The term region means the Sierra Nevada Region as described by Public Resources Code Section 333029(f). 

Category 2
Individuals in this category must report all investments, and business positions in business entities, and sources of income, including gifts, loans and travel payments, from sources within the region of the type which provide services, supplies, materials, goods or equipment of the type utilized by the Conservancy. 

Category 3 
Individuals in this category must report all investments, and business positions in business entities, and sources of income within the region, including gifts, loans and travel payments, if the source is of the type to receive grants from the Conservancy. 
Individuals in this category must also report all investments, and business positions in business entities, and sources of income within the region, including gifts, loans and travel payments, if the source is of the type to sell property to a Conservancy grant applicant. 

Category 4 
Individuals in this category must report all investments, and business positions in business entities, and sources of income, including gifts, loans and travel payments, from sources of the type which engage in the preparation of reports, surveys, evaluations or investigations of the type used by the Conservancy, including environmental documents such as environmental impact reports, real property appraisals, land surveys, environmental assessments, hazardous waste investigations, percolation evaluations, engineering reports, biological assessments, geologic or hydrologic evaluations, or evaluation of the physical condition of real property. 
NOTE

Authority cited: Sections 33300 and 33325(b), Public Resources Code; and Sections 87300 and 87304, Government Code.  Reference: Sections 87300, et seq., Government Code.
HISTORY

1. New division 14 (chapter 1), chapter 1 (section 25231), section and Appendix filed 12-28-2006; operative 1-27-2007. Approved by Fair Political Practices Commission 10-24-2006 (Register 2006, No. 52).
2. Amendment of section heading and section and redesignation and amendment of portions of Appendix as new appendices A and B filed 10-5-2010; operative 11-4-2010. Approved by Fair Political Practices Commission 8-27-2010 (Register 2010, No. 41).
Division 16. Sacramento-San Joaquin Delta Conservancy
§28301. Sacramento-San Joaquin Delta Conservancy Conflict-of-Interest Code.
Note     •     History

The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Sec. 18730) that contains the terms of a standard conflict-of-interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the conflict-of-interest code of the Sacramento-San Joaquin Delta Conservancy (Conservancy).
Individuals holding designated positions shall file their statements of economic interests with the Conservancy, which will make the statements available for public inspection and reproduction. (Gov. Code Sec. 81008). Upon receipt of the statements for the Members of the Board and the Executive Officer of the Conservancy, the Conservancy shall make and retain copies and forward the originals to the Fair Political Practices Commission. All other statements will be retained by the Conservancy.

Appendix A  Designated Positions

Designated Positions	Assigned Disclosure Category

Member, Delta Conservancy	1
Executive Officer	1
Assistant Executive Officer (Program Manager II)	1
Program Manager I	1
Board Liaison (Assoc. Gov't Program Analyst)	2, 3
Associate Governmental Program Analyst 	2, 3, 4
Staff Environmental Scientist	1
Executive Assistant	2
Consultant 	*

___________
*Consultants shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: 
The Executive Officer may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and, thus, is not required to comply fully with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Officer's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code, Section 81008.)

Appendix B  Disclosure Categories

Category 1
Every person in this category must report: All interests in real property in the State of California, as well as investments, business positions in business entities, and sources of income, including gifts, loans and travel payments.

Category 2
Every person in this category must report: Investments, and business positions in business entities, and sources of income, including gifts, loans and travel payments, from sources of the type which provide services, supplies, materials, machinery or equipment of the type utilized by the Conservancy. 

Category 3 
Every person in this category must report: All interests in real property in the State of California.

Category 4 
Every person in this category must report: Investments, business positions, and income, including gifts, loans and travel payments, if the source is of the type to receive grants, loans or scholarships, from or through the Conservancy. 
NOTE

Authority cited: Sections 32300, et seq., Public Resources Code; and Sections 87300 and 87304, Government Code.  Reference: Sections 87300, et seq., Government Code.
HISTORY

1. New division 16  (section 28301), section and Appendices A and B filed 5-12-2011; operative 6-11-2011. Approved by Fair Political Practices Commission 4-15-2011  (Register 2011, No. 19).